2007-04-02 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, APRIL 2, 2007 PAGE 66
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, April 2, 2007, at
3:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,
North Carolina.
Members present were: Chairman William A. Caster; Vice-Chairman Robert G. Greer; Commissioner Ted
Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Manager Bruce T. Shell;
County Attorney Wanda M. Copley and Clerk to the Board Sheila L. Schult.
Chairman Caster called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Robert Campbell, New Beginning Church, gave the invocation.
Commissioner Kopp led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Caster asked if any member of the Board would like to remove an item from the Consent Agenda
for discussion.
Chairman Caster requested clarification on Consent Agenda Item #9.1 ? Award of Health/Good Shepherd
Program Grant.
Budget Director Cam Griffin clarified that the Good Shepherd program contracts with the Health
Department to staff the Good Shepherd Health Clinic for clients and the budget ordinance amends the budget to
actual amounts awarded.
Chairman Caster requested clarification on Consent Agenda Item #9.2 ? Award of Health/Navigator
Partnership Grant.
Budget Director Cam Griffin clarified that the Health Department received a grant totally $44,000 for the
Family and Children Navigator Program for FY 06-07. The actual award is $69,000 less than the amount included
in the departmental budget for FY 06-07. The budget ordinance amends the budget to the actual amount of the grant
award.
Vice-Chairman Greer requested clarification on Consent Agenda Item #9.3 ? Purchase of Property on
Lords Creek from Coastal Land Trust.
Budget Director Cam Griffin presented a revised budget ordinance amendment stating the revision
correctly reflects Board action taken on January 22, 2007 authorizing the payment of the land-use value rollback
taxes for the Lords Creek property.
Hearing no further comments, Chairman Caster requested a motion from the Board to approve the items on
the Consent Agenda as presented.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to approve the items on the
Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes from the Joint meeting and Agenda Review meeting held on
March 8, 2007 and the Regular Session meeting held on March 12, 2007, as presented by the Clerk to the Board.
Authorization to Submit a Grant Application to the Corporation for National Services to Fund the Foster
Grandparent Program from July 2007-2010 ? Department of Aging
The Commissioners authorized the Department of Aging to submit a three year renewal grant application to
the Corporation for National Services in the amount of $159,606 per year. If awarded, the funds will be used to
fund the Foster Grandparent Program from July 2007-2010. The required match of $17,735 will be included in the
department?s annual budget request.
Approval of New Hanover County Board of Education Budget Amendment and Adoption of Budget
Ordinance Amendment 2007-74 ? New Hanover County School System
The Commissioners approved the New Hanover County Board of Education Budget Amendment #2 and
adopted the budget ordinance amendment 2007-74 in the amount of $815,000. The funds will be used to increase
the renovation project at Forest Hills Elementary School.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXX, Page 19.1.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, APRIL 2, 2007 PAGE 67
Adoption of Proclamation Declaring April 14-28, 2007 as North
Spring Litter Sweep in New Hanover County ?
Carolina Department of Transportation
The Commissioners adopted a proclamation declaring April 14-28, 2007 as Spring Litter Sweep in New
Hanover County as requested by the North Carolina Department of Transportation.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXX, Page 19.2.
Approval of Funding Recommendations for the Department of Juvenile Justice and Delinquency Prevention
for Fiscal Year July 1, 2007 through June 30, 2008 - Juvenile Crime Prevention Council
The Commissioners approved the funding recommendations submitted by the Juvenile Crime Prevention
Council for the Department of Juvenile Justice and Delinquency Prevention Funds for Fiscal Year July 1, 2007
through June 30, 2008 and any associated budget amendment. If awarded, the funds will be used for the Juvenile
Day Treatment Center in the amount of $201,161; Teen Court in the amount of $36,362; Juvenile Psychological
Services/Juvenile Day Treatment Center in the amount of $200,602 and administration costs in the amount of
$5,500.
Authorization to Submit a Grant Application to the Department of Corrections Criminal Justice Partnership
Program - Criminal Justice Partnership Board
The Commissioners authorized the Criminal Justice Partnership Board to submit a grant application to the
Department of Corrections Criminal Justice Partnership Program in the amount of $152,751. If awarded, the funds
will be used for the local Day Sentencing Program through a contract with Coastal Horizons. No County match is
required.
Acceptance of North Carolina Department of Crime Control and Public Safety Grant Funds and Adoption of
Budget Ordinance Amendment 07-168 ? Emergency Management
The Commissioners accepted grant funds on behalf of the Emergency Management Department in the
amount of $25,000 from the North Carolina Department of Crime Control and Public Safety Grant, approved budget
ordinance amendment 07-168 in the amount of $25,000 and directed staff to complete and submit the required
documentation. The funds will be used to acquire search and rescue equipment. No County match is required.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXX, Page 19.3.
Ratification of Institute of Museum and Library Services Grant Application ? New Hanover County Library
The Commissioners ratified the Institute of Museum and Library Services Grant application submitted by
the Library in March 2007, in the amount of $30,000. If awarded, the funds will be used to plan a collaborative
project with the Children's Museum, public radio and other community groups that will focus on strengthening early
literacy skills in New Hanover County. The Library's projected in-kind contribution is $7,236.
Adoption of Budget Ordinance Amendments ? Budget Department
The Commissioners adopted the following budget ordinance amendments:
07-131 ? Department of Health/Good Shepherd Program
07-158 ? Department of Health/Navigator Partnership Program
2007-79 ? Finance
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXX, Page 19.4.
REGULAR AGENDA
ADOPTION OF PROCLAMATION DECLARING THE MONTH OF APRIL 2007 AS
SEXUAL ASSAULT
AWARENESS MONTHIN NEW HANOVER COUNTY
Chairman Caster reported that Jennifer Stancil, Rape Center Supervisor with the Coastal Horizons Center
has requested the Board declare the month of April 2007 as Sexual Assault Awareness Month in New Hanover
County.
Commissioner Davis read the proclamation into the record.
Chairman Caster requested a motion for adoption.
Motion:
Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation
declaring the month of April 2007 as Sexual Assault Awareness Month in New Hanover County. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
Margaret Weller-Stargell, President/CEO, Amy Feath, Crisis Intervention Services Director, Shemekka
Miles, Educator, Angie Nance, Counselor/Advocate and Jennifer Stancil, Supervisor, were present to receive the
proclamation.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, APRIL 2, 2007 PAGE 68
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXX, Page 19.5.
ADOPTION OF PROCLAMATION DECLARING THE WEEK OF APRIL 8 ? 14, 2007 AS
NATIONAL
TELECOMMUNICATORS WEEK IN NEW HANOVER COUNTY
Chairman Caster reported that the Public Safety Communications Center has requested that the Board
proclaim the week of April 8-14, 2007 as National Telecommunicators Week in New Hanover County.
Public Safety Communications Center Director Steve Smith made a presentation on 911 Center activities
and read the proclamation into the record.
Chairman Caster requested a motion for adoption.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the proclamation
declaring week of April 8-14, 2007 as National Telecommunicators Week in New Hanover County. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXX, Page 19.6.
ADOPTION OF PROCLAMATION DECLARING APRIL 2007 AS
COMMUTER CHALLENGE MONTH
IN NEW HANOVER COUNTY
Chairman Caster reported that Lawless Bean representing Cape Fear Breeze has requested the Board
declare the month of April 2007 as Commuter Challenge Month in New Hanover County. As a Breeze member,
New Hanover County is part of the challenge which pits organizations like the City of Wilmington, Corning,
UNCW and New Hanover Regional Medical Center against one another to see who can log the most trips on
designated transportation alternatives.
Commissioner Pritchett read the proclamation into the record.
Chairman Caster requested a motion for adoption.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the proclamation
declaring the month of April 2007 as Commuter Challenge Month in New Hanover County. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXX, Page 19.7.
SECOND READING TO CONSIDER A REVISION TO SECTION 5-4 DEFINITIONS: ANIMALS AND
FOWL OF THE NEW HANOVER COUNTY CODE
Chairman Caster reported that at the Board?s March 12, 2007 the Board voted 4 to 1, with Vice-Chairman
Greer voting in opposition, to approve the revision to Section 5-4 Definitions: Animals and Fowl of the New
Hanover County Code. Because the vote was not unanimous a second reading is required.
The suggested change is regarding the control of dogs as enforced by Animal Control Services. The
proposed language is underlined in the following Section 5-4 Definitions:
Section 5-4 Definitions.
Restraint means the state of a dog if it is controlled by means of an attended leash, or is on or within a
vehicle being driven or parked, or is within a secure enclosure. Exceptions to restraint are as follows:
Organized and lawful dog functions; e.g., dog exercise within designated areas of public parks, hunting,
obedience training, field and water training, law enforcement training and/or in the pursuit of working or
competing in those legal endeavors. A dog shall be maintained securely on the property of its owner.
Ropes, chains and the like are prohibited for any purpose under this Chapter.
Chairman Caster requested direction from the Board.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the revision to
Section 5-4 Definitions: Animals and Fowl of the New Hanover County Code. Upon vote, the MOTION
CARRIED 4 TO 1. Vice-Chairman Greer voted in opposition.
A copy of the amendment to the County Code of Ordinances is hereby incorporated as a part of the minutes
and is contained in Exhibit Book XXX, Page 19.8.
APPROVAL OF PURCHASE OF TEN SHERIFF?S DEPARTMENT VEHICLES AND ADOPTION OF
ORDINANCE FOR BUDGET AMENDMENT #07-183
County Manager Bruce Shell reported that upon review of the Sheriff's Department's vehicle requirements,
it has been determined that the purchase of ten Crown Victoria patrol cars is necessary for this fiscal year. The
purchase of these vehicles will reduce the request of vehicles for the upcoming fiscal year. The Board is being
requested to approve the purchase of the ten Crown Victoria patrol cars and adopt the budget ordinance amendment
07-183 in the amount of $385,000.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, APRIL 2, 2007 PAGE 69
After brief discussion, Chairman Caster requested direction from the Board.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the purchase of ten
Crown Victoria patrol cars and adopt the budget ordinance amendment 07-183. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXX, Page 19.9.
DISCUSSION TO CONSIDER REQUESTING AUTHORIZATION FROM THE NORTH CAROLINA
GENERAL ASSEMBLY FOR ADDITIONAL REVENUE OPTIONS
Chairman Caster reported that in North Carolina, County Commissioners must have approval from the
North Carolina General Assembly for additional revenue options such as a local option sales tax or land transfer tax.
At present, each county must seek individual approval from the General Assembly for their additional specific
revenue option. A more preferred option would be for the General Assembly to pass one bill, accessible to all one
hundred counties, containing a variety of potential additional revenue options and allow the counties to choose the
best option for their specific needs.
Commissioner Kopp reported that the North Carolina Association of County Commissioners, Executive
Committee of the Executive Board, recently adopted the following three priority goals:
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Medicaid Relief ? consideration of funding alternatives to the current process of the State passing
approximately $570 million of Medicaid costs to counties. New Hanover County?s share of
Medicaid costs is approximately $10 million and growing at approximately $1 million a year.
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School Construction Bond Referendum ? consideration of a state-wide bond referendum for
school construction.
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Revenue Options ? consideration of a state-wide bill allowing all one hundred counties the same
revenue options, requiring approval by referendum, before any additional revenue can be imposed.
Commissioner Kopp continued reporting that currently in the General Assembly; a study commission is
looking at the modernization of the tax system. The hope is that the study commission will recommend ways to
expand the options that counties have for additional revenue.
Commissioner Davis stated that the Board needs to consider optional ways to increase revenues without
placing an undue burden on property owners. It is logical for all one hundred counties to be given the same
additional revenue options for the voters to decide by bond referendum.
Commissioner Kopp reported that Representatives Wright and McComas, on behalf of New Hanover
County, introduced HB 1212 calling for a ½ cent sales tax, by referendum, for debt reduction with a sunset date of
four years after the effective date of its levy.
Vice-Chairman Greer reported that Senator Tony Rand from Cumberland County filed a Medicaid relief
plan. Senate Bill, S1484, calls for counties to give up the Article 40, half cent, per capita, sales tax and half of the
Article 39, 1 cent, point-of-distribution, to the state in exchange for the state taking over the county?s Medicaid
burden. If approved, the State would receive $1 billion in new revenue to cover Medicaid costs in the amount of
$517 million with counties being given the authority to enact, by resolution, a replacement sales tax of up to 1 cent
in quarter-cent increments.
Chairman Caster reported that North Carolina is the only state that continues to pass the cost of Medicaid
down to the local level in the form of a match. New Hanover County?s Medicaid match is approximately $10
million.
Commissioner Pritchett clarified that the Board is only requesting the right to consider additional revenue
options, by referendum, and not enacting any tax.
Chairman Caster thanked the Board for their input.
PUBLIC HEARING TO RECEIVE COMMENTS ON RECOMMENDATIONS BY THE JOINT CITY OF
WILMINGTON AND NEW HANOVER COUNTY WATER AND SEWER ADVISORY COMMITTEE,
DRAFT BY-LAWS AND ARTICLES OF INCORPORATION OF THE PROPOSED CAPE FEAR PUBLIC
UTILITY AUTHORITY
Chairman Caster opened the Public Hearing and requested Assistant County Manager Dave Weaver to
make the presentation.
Assistant County Manager Dave Weaver reported that as part of the process to consolidate water and sewer
utilities with the City of Wilmington the County is holding a non-mandatory public hearing and presented an
overview on the following items:
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Recommendations of the Joint City/County Water and Sewer Advisory Committee
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Draft By-Laws of the proposed Cape Fear Public Utility Authority
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Draft Articles of Incorporation of the proposed Cape Fear Public Utility Authority
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, APRIL 2, 2007 PAGE 70
Chairman Caster asked if anyone was present to speak in favor of or in opposition to the items.
Hearing no one, Chairman Caster closed the Public Hearing.
After brief discussion, the Board directed Staff to review the documents for consistency.
The Board will conduct a formal public hearing and consider a joint resolution with the City of Wilmington
creating the Authority and consider the By-Laws and Articles of Incorporation at the Board's April 16, 2007
meeting.
The City of Wilmington will also conduct a formal public hearing on the same material at their April 17,
2007 meeting. Assets and liabilities and actual decision-making powers will not be transferred to Cape Fear Public
Utility Authority until an operating and functional framework is established by January 2008.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session at 4:22 p.m. to hold a meeting of the New Hanover
County Water and Sewer District.
Chairman Caster reconvened to Regular Session at 4:23 p.m.
NON-AGENDA ITEMS
Chairman Caster announced that time had been reserved to allow the public to present an item that was not
listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes.
No items were presented.
ADDITIONAL ITEMS
ACCEPTANCE OF NEW HANOVER COUNTY AND NEW HANOVER COUNTY FIRE DISTRICT TAX
COLLECTION REPORTS
County Manager Bruce Shell reported that General Statute 105-3G73(d) states that when a Tax Collector
voluntarily resigns, a settlement report must be prepared and submitted to the Board. The February reports are for
the former Collector of Revenue, Patricia Raynor, who retired in February and the March reports are for Barbara J.
Baker, Interim Collector of Revenue.
Staff requests the Board accept the Tax Collection Reports as of February 28, 2007 and March 31, 2007.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to accept the Tax Collection
Reports as of February 28, 2007 and March 31, 2007. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Copies of the tax collection reports are hereby incorporated as a part of the minutes and are contained in
Exhibit Book XXX, Page 19.10.
APPROVAL OF COLLECTION SETTLEMENT REPORTS, APPOINTMENT OF MICHELLE D.
HARRELL AS COLLECTOR OF REVENUE OF NEW HANOVER COUNTY AND CHARGE OF THE
2006 LEVY
County Manager Bruce Shell reported that on August 14, 2006 the Board reappointed Patricia Raynor as
Collector of Revenue for a two-year term. Ms. Raynor retired on February 15, 2007. General Statute 105-349(a)
states that whenever any vacancy occurs in the office of the tax collector, the governing body shall appoint a
qualified person to serve as tax collector for the period of the unexpired term through August 2008. Michelle D.
Harrell accepted the position as Collector of Revenue effective March 13, 2007.
Chairman Caster requested direction from the Board.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to appoint Michelle D. Harrell as
Collector of Revenue for the period of the unexpired term through August 2008, accept the 2006 Collection
Settlement Reports and authorize the Charge of the 2006 Tax Levy as required by North Carolina General Statutes
105-347 and 105-349. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the charge sheet is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXX, Page 19.11.
BREAK
Chairman Caster called for a break from 4:34 p.m. until 5:30 p.m.
PUBLIC HEARING TO CONSIDER THE REQUEST BY MCKIM & CREED, ON BEHALF OF NNP IV
CAPE FEAR RIVER, LLC, TO MODIFY THE APPROVED MASTER PLAN FOR RELOCATION OF
RIVER ROAD (Z-677,7/99, 1/07)
Chairman Caster opened the Public Hearing and requested Mike Kozlosky, Senior Planner for Wilmington
Metropolitan Planning Organization to present the recommendations of the River Road Small Area Plan.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, APRIL 2, 2007 PAGE 71
Mr. Kozlosky reported that the River Road Small Area Plan has been completed and presented an overview
of the plan. Mr. Kozlosky highlighted the following plan recommendations:
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Sanders Road to be designated as a future four-lane, median-divided road.
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River Road to become a four-lane, median-divided road.
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Independence Boulevard should be widened and improved to a four-lane, median-divided road to
coincide with the opening of the Skyway Bridge.
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Implementation of North Carolina Department of Transportation?s recently completed Access
Management Study for the Carolina Beach Road corridor.
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An evaluation of the signal timings for the entire corridor between downtown Wilmington and
Carolina Beach to develop an updated signal coordination plan.
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Improvements in laneage, alignment, traffic control, pedestrian facilities and landscaping at
Independence Boulevard and River Road, Sanders Road at River Road, Sanders Road at Carolina
Beach Road, Silva Terra Road at Carolina Beach Road and Silver Lake Road at Carolina Beach
Road.
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Three connections to River Road at Wilderness Road, Lorraine Drive and Arnold Road.
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Upgrade Silva Terra and Silver Lake intersections at Carolina Beach Road.
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The Village at Motts Creek development to provide a direct street connection between River Road
and Carolina Beach Road and an extension of Marquette Drive to the south.
Mr. Kozlosky clarified that NCDOT is responsible for setting speed limits and determining the amount of
space needed for the right-of-ways. A variety of funding strategies can be used to implement the recommended
improvements including state and local funds along with the development community; other alternative funding
strategies should be considered.
Chairman Caster requested Senior Planner Jane Daughtridge to make the staff presentation on the
Modification of the Master Plan request.
Senior Planner Daughtridge reported that McKim and Creed, on behalf of NNP IV Cape Fear River, LLC,
is requesting to modify the 1999 Master Plan which includes a realignment of River Road and presented an
overview of the project.
Planning Director Chris O?Keefe reported that at the Planning Board?s January 4, 2007 meeting, by a vote
of 5-0, they recommended approval of the requested modification. Several people spoke in opposition, citing
concerns about additional traffic and noise on River Road and additional traffic in the adjacent neighborhood from
interconnectivity. The Planning Board?s recommendation included two conditions:
1. Developer must hold a minimum of two 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 (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.
Planning Director O?Keefe highlighted the following proposed changes to the existing Master Plan:
1999 Master Plan Proposed Difference
Residential Units 3,366 2,290 -1,076 units
Residential Acres 634 499.2 -134.8 acres
Commercial Acres 29 28 -1.0 acre
Open Space 494 703 +209 acre
Bike/Pedestrian yes yes none
Boardwalk no yes gain
Boat Launch yes yes none
Park Sites Acres 14 19.2 +5.2 acres
River Road Acres (100? ROW) 34 37.9 +3.9 acres
School Fee-in-lieu $2.5m $2.7m +$0.2million
Fire Fee $500,000 $406,000 -$94,000
The proposed realignment of River Road further east will add just over a quarter of a mile to the road. The
stated purpose of the relocation is to allow for additional waterfront development.
In addition to the roadway change, the proposed Master Plan has reorganized the components of the
original 1999 Master Plan to consolidate the commercial components into a single area along the Cape Fear River
near the northern property boundary. A round-about is included for traffic calming near the consolidated
commercial area. A second round-about near a proposed connection with Loraine Drive is proposed to maintain the
flow of traffic along River Road. A boardwalk along the river and a public multi-use path adjacent to River Road
are planned. Residential components are structured around natural ridge lines which are a prominent feature of the
site and wetland areas have been left undisturbed.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, APRIL 2, 2007 PAGE 72
Staff finds that the changes proposed to the original 1999 Master Plan will be positive and will lessen the
burden on infrastructure and the environment and recommends approval. The Planning Department staff has
received a petition with over 700 names in opposition to the modification of the 1999 Master Plan.
Chairman Caster asked if the Petitioner would like to speak on the request.
Jay Smith, on behalf of Newland Communities, introduced team members and requested Chris Boney
present the modifications to the 1999 Master Plan.
Chris Boney, on behalf of Newland Communities, presented an overview of the proposed modifications
highlighting the reduction in density and traffic, environmental benefits, interconnectivity, and public amenities that
include a boardwalk, bicycle and pedestrian paths, and water access.
Jay Smith, on behalf of Newland Communities, reported that they will continue to work with the adjacent
homeowners to address their concerns on traffic and noise from the relocation of River Road.
Chairman Caster asked if anyone in opposition would like to speak on the request.
Charlie Workman, Silva Terra Homeowners Association Vice-President, stated he was concerned the
realignment of River Road will have a negative impact on their neighborhood and requested the Board deny the
proposed plan. He reported that he represents approximately 800 residents.
Jon Deputy, Silva Terra Homeowners Association, stated that he was disappointed that no one was allowed
to speak on the River Road Small Area Plan recommendations. He requested a compromise be found between the
1999 Master Plan and the proposed plan due to traffic and noise concerns.
Shelley Hinson, Stillwell Road resident, stated she was concerned with road noise, drainage problems, and
infrastructure and quality of life issues. She requested the Board deny the request.
Kelly Hawes, Silver Terra Homeowners Association, stated she was concerned with the potential road
noise and the affect it will have on her family?s quality of life.
Ed Mikulewicz, Stillwell Road Homeowners Association, requested the Board allow the developer to
withdraw the request and bring back a compromise to the proposed plan.
Thomas Benoit, Silver Lake Road resident, stated he was concerned that the River Road Small Area Plan
was funded by the developer and requested the Board delay their decision.
Chairman Caster asked if the Petitioner had rebuttal comments.
Jay Smith, on behalf of Newland Communities, stated that they remain willing to work with the neighbors
to address quality of life concerns. He reported that the suggested compromise to moving River Road has been
examined and requested Dr. Mike Malin address the issue.
Dr. Mike Malin, on behalf of Newland Communities, reported that the proposed relocation of River Road is
environmentally superior to the existing 1999 Master Plan and will protect the sand ridges.
Chairman Caster asked if anyone in opposition had rebuttal comments.
Thomas Benoit, Silver Lake Road resident, stated he was concerned that the proposed plan shows four
connections into the existing neighborhood directly off River Road.
Ed Mikulewicz, Stillwell Road Homeowners Association, proposed that the 1999 Master Plan be kept in
place and that River Road be raised to address environmental concerns.
Jon Deputy, Silva Terra Homeowners Association, requested a compromise that River Road be relocated
between the approved 1999 Master Plan and the current proposal; similar to the proposed connector road.
Chairman Caster closed the Public Hearing.
In response to Board questions, Jay Smith, Newland Communities, offered the following clarifications:
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The proposed collector road will be built by the developer and has design flexibility to be built
around sand ridges and utilities.
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The relocation of River Road is required to be built to NCDOT standards and does not have the
same design flexibility.
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The developer is working with the County?s Parks Department on the proposed eight-foot wide
bicycle and pedestrian path that will run the length of River Road and be separated from the
roadway.
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The proposed plan contains 19.2 acres of property to be donated for a County park and a public
kayak/canoe launch area.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, APRIL 2, 2007 PAGE 73
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A public boat ramp continues to be pursued if the proper environmental permits can be obtained.
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The developer commits to building the relocated River Road as a two-way, divided median road
with the required easements and right-of-ways for future expansion to four lanes.
Commissioner Pritchett clarified that nothing in the River Road Small Area Plan has been approved by the
Board stating that it is nothing more than a plan with recommendations specific to that area.
After Board discussion outlining infrastructure and environmental benefits and public recreational
amenities that are included in the proposed modification, Chairman Caster requested motion from the Board.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to modify the approved Master
Plan for relocation of River Road as requested by McKim & Creed, on behalf of NNP IV Cape Fear River, LLC.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE MASTER
PLAN OF A PLANNED DEVELOPMENT DISTRICT IN ZONING AREA 4 OF NEW HANOVER COUNTY,
NORTH CAROLINA, ADOPTEDAUGUST 2, 1999, and is hereby incorporated into the minutes and is contained
in Zoning Book I, Section 4, Page 79.
PUBLIC HEARING TO CONSIDER A REQUEST BY HADEN STANZIALE, ON BEHALF OF J.H. LAND
LLC, TO REZONE APPROXIMATELY 341 ACRES OF PROPERTY IN THE COMMUNITY AND
CONSERVATION LAND CLASSIFICATION LOCATED BETWEEN HOLLY SHELTER ROAD AND
NORTH COLLEGE ROAD FROM I-2 TO R-15 RESIDENTIAL DISTRICT, R-10 RESIDENTIAL
DISTRICT AND B-2 COMMERCIAL DISTRICT (Z-857, 11/06)
Chairman Caster opened the Public Hearing and requested Planning Director Chris O?Keefe to make the
staff presentation.
Senior Planner Jane Daughtridge reported that Haden Stanziale, on behalf of J.H. Land, LLC, is requesting
to rezone approximately 341 acres of property in the Community and Conservation Land Classification located
between Holly Shelter Road and North College Road from I-2 to R-15 Residential District, R-10 Residential District
and B-2 Commercial District and presented an overview of the request.
The subject property is located on Holly Shelter Road west of I-40 and extending southerly to a connection
point with North College Road. A portion of the property includes a chemical superfund site. The subject property
is located within the Prince George Creek watershed drainage area and is influenced by flood zone and protected
wetland soils along the southern property boundary with the creek.
Planning Director Chris O?Keefe continued the overview of the request stating that the Petitioner proposes
three zoning changes. Approximately 120 acres adjacent to I-40 is proposed for B-2 Highway Commercial District,
with about 85 acres of R-10 Residential proposed just south of the B-2 area. The remaining 137 acres on the west
side of the property is proposed for R-15 Residential District. Commercial zoning around the I-40 interchange is
consistent with the current zoning on the east side of the interchange. Overall, the request would reduce available
land for heavy industrial use in the unincorporated county by about 6.7% and increase commercial by about 16%.
Residential acreage would be increased by about 1.5%.
New Hanover County Board of Education has been negotiating with the petitioner to purchase a portion of
the site for a school and the County?s Parks and Recreation Department has been negotiating for a public park site
within the property.
At its March 1, 2007 meeting, the Planning Board voted 4-0 to recommend approval of the rezoning with
the condition that the effective date for the parcel containing the superfund site be delayed until EPA concurrence is
provided showing that the remediation plan has been satisfactorily completed. Two members of the public asked
questions of the Petitioner, but no member of the community spoke in favor of or in opposition to the request.
Staff supports the Planning Board recommendation and agrees that delaying the effective date for the
Superfund portion of the site until there is EPA concurrence with conversion to residential use after remedial action
is complete.
If ultimately developed with the anticipated public school and park, the number of potential housing units
would be reduced significantly to about 280. However, even if the public land is never acquired, staff believes the
recommendation above would preserve the character of the existing community while allowing the Petitioner broad
options for use of the land.
Chairman Caster asked if the Petitioner would like to speak on the request.
Dan Weeks, on behalf of J.H. Land, LLC, presented an overview of the proposed request stating the site is
currently undergoing pre-cleanup activities.
Scott Sullivan, on behalf of J.H. Land, LLC, presented a letter from Samantha Urquhart-Foster outlining
the final proposed plan and reported that the actual cleanup activity on the site is planned to begin in June 2007 and
conclude in August 2007.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, APRIL 2, 2007 PAGE 74
Chairman Caster asked if anyone would like to speak in opposition to the request.
Hearing no comments, Chairman Caster closed the Public Hearing.
After a brief question and answer period, Chairman Caster requested direction from the Board.
Motion:
Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to rezone approximately 341
acres of property in the Community and Conservation Land Classification located between Holly Shelter Road and
North College Road from I-2 to R-15 Residential District, R-10 Residential District and B-2 Commercial District
finding that the request is: 1) Consistent with the purposes and intent of the Community land classification and the
associated land use policies adopted in the 2006 land use plan; and 2) Reasonable and in the public interest to allow
transition of acreage from industrial zoning class to residential zoning classes with base densities of 3.3 units per
acre and 2.5 units per acre, respectively, and highway commercial acreage in this location within close proximity to
I-40 with the effective date for the rezoning of the parcel containing the EPA superfund site being delayed until
receipt of a concurrence from the EPA indicating remediation has been satisfactorily completed. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF AREA 8A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is hereby
incorporated as a part of the minutes and is contained in Zoning Book II, Section 8A, Page 35.
BREAK
Chairman Caster called for a break from 7:41 p.m. until 7:55 p.m.
PUBLIC HEARING TO CONSIDER A REQUEST BY THE STATE EMPLOYEES CREDIT UNION TO
AMEND THE APPROVED SITE PLAN IN A CD (B-1) ZONING DISTRICT TO REPOSITION THE
BUILDING AND AMEND INTERCONNECTIVITY (Z-831, 03/07)
Chairman Caster opened the Public Hearing and announced that the Special Use Permit process requires a
quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify.
The following persons were sworn in:
Chris O?Keefe
Jane Daughtridge
Stuart Hudson
Montell Irvin
John Kuske
Senior Planner Jane Daughtridge presented an overview of the request reporting that at the April 3, 2006
County Commissioners meeting the Board approved a petition to rezone 8.72 acres of property located at 5830
Carolina Beach Road and 535 Sanders Road from R-15 Residential and B-2 Highway Business District to B-1
Neighborhood Business Conditional Use District. The Petitioner is now requesting the following amendments to the
approved site plan:
1. Approve a shift of the building setbacks (formerly exceeding the requirements of the ordinance) so
long as the minimum requirements of the ordinance are met.
2. Delete the requirement for interconnectivity to Motts Landing Subdivision because of safety and
logistical concerns in proximity to the Sanders Road/Carolina Beach Road lane additions and
intersection improvements.
Planning Director Chris O?Keefe reported that at the Planning Board?s March 1, 2007 meeting, the
Planning Board voted 4-0 to recommend shifting the location of the building as long as it stays within the required
minimum setbacks and removing the condition requiring connectivity to the Village at Mott?s Landing.
Staff agrees that as long as the minimum setbacks and buffers are maintained as required under the general
standards of the ordinance, allowing the building to shift outside the approved footprint will be consistent with the
ordinance. Staff also concurs with NCDOT findings that the connectivity through the State Employees Credit Union
site should be eliminated since it has been found to be an unsafe option and not in the public?s interest.
Planning Director O?Keefe presented the following findings of facts:
1. The Board must find that the proposed modification will not materially endanger the public health or safety
if located where proposed and developed according to the plan as submitted and approved.
A. The modified site plan will place the credit union building in a position that better facilitates
circulation of cars through the drive-thru lanes.
B. According to NCDOT, the required interconnectivity to Mott?s Landing subdivision will conflict with
required road improvements at the intersection of Sanders Road and Carolina Beach Road; therefore,
removing that condition will enhance safety.
C. The Village at Mott?s Landing subdivision (for which interconnectivity was required) has been
designed with road access to River Road, Sanders Road and Carolina Beach Road; therefore, ample
connectivity exists without the driveway through the credit union site.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, APRIL 2, 2007 PAGE 75
2. The Board must find that the modified site plan meets all required conditions and specifications of the
Zoning Ordinance.
A. The site is located in a B-1 (CD) Neighborhood Conditional Use Zoning District.
B. A credit union is an allowed use in a B-1 (CD) Neighborhood Conditional Use Zoning District.
C. The proposed modification to the site plan meets the minimum requirements of the Zoning
Ordinance for parking, setback, buffers and landscaping.
D. The original interconnectivity as shown on the site plan did not meet the County?s standard for
interconnectivity; therefore, removing the condition enhances the project?s compliance with the
Zoning Ordinance.
3. The Board must find that the modification will not substantially injure the value of adjoining or abutting
property or that the use is a public necessity.
A. No evidence has been presented that the proposed use will injure the value of adjoining or abutting
property.
4. The Board must find that the location and character of the use if modified according to the plan as
submitted and approved will be in harmony with the area in which it is to be located and in general
conformity with the plan of development for New Hanover County.
A. The New Hanover County Comprehensive Plan classifies the site as Limited Transition. The
Village at Mott?s Landing subdivision (for which interconnectivity was required) has been
designed with road access to River Road, Sanders Road and Carolina Beach Road; therefore,
removing the requirement for interconnectivity through the credit union site will not alter the
character of the area and will be in full conformity with the land use plan.
Chairman Caster asked if the Petitioner would like to speak on the request.
Stuart Hudson, on behalf of the State Employees Credit Union, stated that they agree with staff findings
and conditions.
Montell Irvin with Ramey Kemp & Associates, Inc., on behalf of the State Employees Credit Union,
reported that discussions with NCDOT resulted in the elimination of interconnectivity to the property to the north
and presented an overview of the proposed road improvements which include Sanders Road being widened to
provide turn lanes at the State Employees Credit Union driveways.
Chairman Caster asked if anyone would like to speak in opposition to the request.
Hearing no one, Chairman Caster closed the Public Hearing and asked for direction from the Board.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to grant the modification to the
Special Use Permit site plan to the State Employees Credit Union based on the evidence presented and the findings
of fact concluding that: 1) the use will not materially endanger the public health or safety if located and developed
according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the
Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use
is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general conformity with the plan of
development for New Hanover County with the following conditions: 1) Preserve the wetlands and COD area; and
2) Participate in the costs of the required traffic improvements to Sanders Road and the Carolina Beach Road
intersection according to a Traffic Impact Analysis. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the modified Special Use Permit is hereby incorporated as part of the minutes and is contained in
SUP Book IV, Page13.1.
PUBLIC HEARING TO CONSIDER A REQUEST BY OGDEN-NEW HANOVER COUNTY
VOLUNTEER EMS TO AMEND AN EXISTING SPECIAL USE PERMIT TO THE EXISTING FACILITY
IN THE 4500 BLOCK OF CAROLINA BEACH ROAD (S-118, 3/07)
Chairman Caster opened the Public Hearing and announced that the Special Use Permit process requires a
quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify.
The following persons were sworn in:
Chris O?Keefe
Jane Daughtridge
Matt Nichols
David Latham
Michael Nove
Mark Bennett
Senior Planner Jane Daughtridge reported the subject property is located at 4550 Carolina Beach Road,
near Echo Farms and also near the intersection of St. Andrews Drive. In December of 1979, the New Hanover
County Commissioners approved a special use permit for expansion of the Volunteer Rescue Squad in this location.
In 1981, a modification to the site plan was approved. Currently, the Ogden-New Hanover County Volunteer EMS
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, APRIL 2, 2007 PAGE 76
is requesting another modification to add a 10,000 square foot building for storage of disaster response vehicles and
presented an overview of the request.
Planning Director Chris O?Keefe reported thatat the Planning Board?s March 1, 2007 meeting, they voted
4-0 to recommend positive approval. No one from the public spoke in favor of or against the proposed additional
building.
Planning Director O?Keefe presented the following findings of facts:
1. The Board must find that the modified use will not materially endanger the public health or safety if located
where proposed and developed according to the plan as submitted and approved.
A. The subject property is located within the Myrtle Grove Fire District.
B. The storage facility will be located on the rear of the property.
C. A large percentage of the subject property is located in a 100-year floodplain, but the addition is
proposed outside such areas.
D. Access to the site is from Carolina Beach Road, a 4-lane divided arterial with median crossing
at the ambulance entrance.
2. The Board must find that the modified 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 was issued in
1979 and further modified in 1981 for a rescue ambulance station in this location.
B. All development standards of the ordinance must be followed. No additional conditions are
outlined for these facilities.
3. The Board must find that the modified use will not substantially injure the value of adjoining or abutting
property or that the use is a public necessity.
A. Emergency Medical Services projects exist in other residential districts in New Hanover County.
B. No evidence has been presented that the proposed use will injure the value of adjoining or
abutting property values.
C. Emergency services are an essential public safety necessity.
4. The Board must find that the location and character of the use if modified according to the plan as
submitted and approved will be in harmony with the area in which it is to be located and in general
conformity with the plan of development for New Hanover County.
A. The New Hanover County Comprehensive Plan classifies the high ground as Urban. The purpose
of the Urban land classification is to provide for continued intensive development.
B. The 2006 Land Use Plan Update recognizes that citizens and visitors depend upon the
government to protect their lives and property during storms or other hazardous events.
Chairman Caster asked if the Petitioner would like to speak on the request.
Matt Nichols, on behalf of the Ogden-New Hanover County Volunteer Emergency Medical Services, stated
that they agree with findings of facts as presented and presented an overview of the request.
Chairman Caster asked if anyone would like to speak in opposition to the request.
Hearing no one, Chairman Caster closed the Public Hearing and asked for direction from the Board.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to grant the modification to the
Special Use Permit to add a 10,000 square foot building for storage of disaster response vehicles to the Ogden-New
Hanover County Volunteer Emergency Medical Services based on the evidence presented and the findings of fact
concluding that: 1) the use will not materially endanger the public health or safety if located and developed
according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the
Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use
is a public necessity; and 4) the location and character of the use if developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general conformity with the plan of
development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the modified Special Use Permit is hereby incorporated as part of the minutes and is contained in
SUP Book, Page 13.2.
PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS AND RAVENEL, ON BEHALF OF
WHISKEY CREEK OVERLOOK, LLC, TO LOCATE A SEVEN SLIP COMMUNITY BOATING
FACILITY IN WHISKEY CREEK IN AN R-15 RESIDENTIAL DISTRICT LOCATED AT 231, 235 AND
239 TRAILS END ROAD
Chairman Caster opened the Public Hearing and announced that the Special Use Permit process requires a
quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, APRIL 2, 2007 PAGE 77
The following persons were sworn in:
Chris O?Keefe
Jane Daughtridge
Cindee Wolf
Pierre Barden
Charles Taylor
Mike Malina
Senior Planner Janet Daughtridge reported that Cindee Wolf with Withers and Ravenel, on behalf of
Whiskey Creek Overlook, LLC, is requesting to locate a seven slip community boating facility in Whiskey Creek in
an R-15 Residential District located at 231, 235 and 239 Trails End Road and presented an overview of the request.
Planning Director O?Keefe presented the following findings of facts:
1. The Board must find that the use will not materially endanger the public health or safety if located 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. A small percentage of the subject property is located in a 100-year floodplain.
D. Access to the site is from Trail?s End Road off Masonboro Loop 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 dock that needs rehabilitation, which would require minimal
environmental impacts.
C. The site will not need any off-street parking, because it is close enough to the proposed residential
lots it will serve.
D. The proposed community boating facility has seven boat slips with lifts to serve seven
proposed residential lots, which falls within the maximum ratio of 1:1.
E. A pedestrian easement will be provided and conferred to each owner for access to the community
boating facility.
F. No commercial activities are allowed by the county ordinance and none 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.
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 pier site as Conservation.
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.
The Planning Board, at their March 1, 2007 meeting, voted 4-0 to recommend approval of the special use
permit based on positive findings and the following additional conditions:
1. Deed restrictions or restrictive covenants should convey in the chain of title on the 7 proposed
lots in the proposed subdivision stating that no individual docks/piers will be allowed.
2. Boat slips should be positioned outside the channel width at low tide in order to allow for safe
navigation by upstream residents.
3. No overhead lighting should be installed.
4. Private pedestrian access easement, as proposed from the street right of way to the dock for use by
the residents of the subdivision, should be required.
5. Slips are approved for the use and enjoyment of the owners of lots one thru seven in the associated
subdivision and may not be sold, leased or rented to others.
Staff supports the Planning Board?s recommendation and conditions.
Chairman Caster asked if the Petitioner would like to speak on the request.
Cindee Wolf, on behalf of Whiskey Creek Overlook, LLC, presented an overview of the request stating that
they agree with the findings of facts and conditions as presented.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, APRIL 2, 2007 PAGE 78
Chairman Caster asked if anyone would like to speak in opposition to the request.
Hearing no one, Chairman Caster closed the Public Hearing and asked for direction from the Board.
Motion:
Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to grant the Special Use Permit
to Withers and Ravenel, on behalf of Whiskey Creek Overlook, LLC, to locate a seven slip community boating
facility in an R-15 Residential District located at 231, 235 and 239 Trails End Road based on the evidence presented
and the findings of fact concluding that: 1) the use will not materially endanger the public health or safety if located
and developed according to the plan as submitted and approved; 2) the use meets all required conditions and
specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting
property or that the use is a public necessity; and 4) the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be located and in general
conformity with the plan of development for New Hanover County with the following conditions: 1) Deed
restrictions or restrictive covenants should convey in the chain of title on the 7 proposed lots in the proposed
subdivision stating that no individual docks/piers will be allowed; 2) Boat slips should be positioned outside the
channel width at low tide in order to allow for safe navigation by upstream residents; 3) No overhead lighting
should be installed; 4) Private pedestrian access easement, as proposed from the street right of way to the dock for
use by the residents of the subdivision, should be required; and 5) Slips are approved for the use and enjoyment of
the owners of lots one thru seven in the associated subdivision and may not be sold, leased or rented to others. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP
Book, Page 13.3.
PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS AND RAVENEL, ON BEHALF OF
ROLAND TILDEN, TO LOCATE A HIGH DENSITY RESIDENTIAL DEVELOPMENT OF FIFTY
UNITS IN THE URBAN LAND CLASSIFICATION IN AN R-15 RESIDENTIAL ZONING DISTRICT AT
4900 AND 4916 SOUTH COLLEGE ROAD (S-575, 03/07)
Chairman Caster opened the Public Hearing and announced that the Special Use Permit process requires a
quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify.
The following persons were sworn in:
Chris O?Keefe
Jane Daughtridge
Cindee Wolf
Paul Fanning
Montell Irwin
Russ Maynard
Senior Planner Jane Daughtridge reported that Cindee Wolfe with Withers and Ravenel, on behalf of
Roland Tilden, is requesting to locate a high density residential development of fifty units in the Urban Land
Classification in an R-15 Residential Zoning District at 4900 and 4916 South College Road and presented an
overview of the request.
Planning Director O?Keefe presented the following findings of facts:
1. The Board must find that the use will not materially endanger the public health or safety if located 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. City water and county sewer will serve the site.
C. None of the subject property is located in a 100-year floodplain and no other conservation
resources are present.
D. Traffic level of service on South College Road is F, meaning traffic counts exceed the capacity of
the roadway. Turning lanes are already in place for the entrance to Myrtle Grove Village (Prior
Drive). A recent Traffic Impact Analysis estimates that the proposed additional units will add a 1.4
second morning delay and a 2.5 second evening delay to the existing delay for vehicles exiting the
property.
E. No additional roadway improvements were recommended by the Traffic Impact Analysis.
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. High density development (up to 10.2
units per net acre) may be allowed by Special Use Permit under certain conditions in an R-15
Residential District.
B. Access to the site is through Prior Drive off South College Road, a 4-lane divided arterial.
C. The New Hanover County Comprehensive Plan classifies the area as Urban.
D. The proposal limits development to fifty residential rental units.
E. Phases I and II of Myrtle Grove Village (seventy rental units) are located within the City of
Wilmington?s jurisdiction. All internal property boundaries will be abandoned and tracts
recombined into a single parcel, consolidating Myrtle Grove Village.
F. Off-street parking as proposed will meet the requirements of the ordinance.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, APRIL 2, 2007 PAGE 79
G. A storm water detention pond has been planned for the site and will meet the standards of the
county ordinance.
H. Total impervious surface is proposed at 39.9%. The ordinance allows up to 40%.
I. Total open space is proposed at 60.1%. The ordinance requires 35%.
J. Improved recreational space is proposed at 17.8%. The ordinance requires 15%.
K. Vegetative buffers will be installed adjacent to the existing residential properties.
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. Phases I and II of Myrtle Grove Village are fully developed with no diminution of value to the
area.
B. No evidence has been presented at the time of writing 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 2006 Joint Land Use Plan encourages higher density development to be located in urban areas
where public services are already in place.
B. Surrounding land uses include multi-family, commercial and limited single-family development.
The Planning Board, at its March 1, 2007 meeting, voted 4-0 to recommend approval subject to positive
findings and the following conditions:
1. The site plan must clarify the acreage of open space.
2. Since City water will be utilized, City technical specs may need to be incorporated into the plan.
3. Fire hydrants will need to utilize National Standard thread.
Staff recommends approval with the conditions specified by the Planning Board.
Chairman Caster asked if the Petitioner would like to speak on the request.
Paul Fanning with Ward and Smith, P.A., introduced Cindee Wolf and requested she make the presentation
stating that the Petitioner agrees with the findings of facts and conditions as presented.
Cindee Wolf with Withers and Ravenel, on behalf of Roland Tilden, presented an overview of the request
and answered questions from the Board.
Chairman Caster asked if anyone would like to speak in opposition to the request.
Hearing no one, Chairman Caster closed the Public Hearing and asked for direction from the Board.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to grant the Special Use Permit to
Withers and Ravenel, on behalf of Roland Tilden, to locate a high density residential development of fifty units in
the Urban Land Classification in an R-15 Residential Zoning District at 4900 and 4916 South College Road based
on the evidence presented and the findings of fact concluding that: 1) the use will not materially endanger the public
health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all
required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if
developed according to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County with the following
conditions: 1) The site plan must clarify the acreage of open space; 2) Since City water will be utilized, City
technical specs may need to be incorporated into the plan; and 3) Fire hydrants will need to utilize National Standard
thread. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP
Book, Page 13.4.
PUBLIC HEARING REQUEST BY LAND CONSULTANTS, INC, ON BEHALF OF CORBETT
PACKAGE COMPANY, TO REZONE APPROXIMATELY 46 ACRES OF PROPERTY LOCATED ON A
PORTION OF 1505 CASTLE HAYNE ROAD IN THE TRANSITION LAND CLASSIFICATION FROM I-
2 HEAVY INDUSTRIAL DISTRICT TO R-15 RESIDENTIAL DISTRICT (Z-860, 3/07)
Chairman Caster opened the Public Hearing and requested Planning Director Chris O?Keefe to make the
staff presentation.
Commissioner Davis requested to be recused from the rezoning request citing a conflict of interest with the
Petitioner being a family member.
Motion:
Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster to recuse Commissioner Davis
from the rezoning request citing a conflict of interest with the Petitioner being a family member. Upon vote, the
MOTION CARRIED 4 TO 0.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, APRIL 2, 2007 PAGE 80
Senior Planner Jane Daughtridge reported that Land Consultants, Inc., on behalf of Corbett Package
Company, is requesting to rezone approximately 46 acres of property located on a portion of 1505 Castle Hayne
Road in the Transition Land Classification from I-2 Heavy Industrial District to R-15 Residential District and
presented an overview of the request.
Planning Director Chris O?Keefe reported that this rezoning petition proposes a change from an industrial
use designation to a residential use designation. Overall, the request would reduce available acreage for heavy
industrial use in the unincorporated county by less than 2% and increase residential acreage only slightly.
Traffic flow along Brentwood Drive currently enjoys connectivity to Glendale Drive and Victoria Drive via
Palmetto Road. Potential addition of about 1,100 vehicle trips per day to these local streets will have an impact on
existing conditions, but the opportunities for alternate routes to Castle Hayne Road may help offset negative effects.
A Traffic Impact Analysis will be required for subdivisions projected to exceed the traffic threshold of 100 peak
hour trips per day.
The Planning Board, at its March 1, 2007 meeting, approved rezoning only a portion of the originally
requested 82 acre site. The recommendation is to rezone the portion of the property situated outside the 100 year
flood plain; approximately 46 acres. The Petitioner has agreed to this change. No one from the public spoke in favor
of or against the proposal.
Staff supports the Planning Board?s recommendation to limit the scope of the initial rezoning request. Staff
feels residential use on the high ground would be more harmonious with the existing neighborhood than the current
I-2. The total area recommended to be rezoned would be 46.24 acres.
Planning Director O?Keefe confirmed that the currently well and septic services are required.
Chairman Caster asked if the Petitioner would like to speak on the request.
Frank Braxton with Land Consultants, Inc., on behalf of Corbett Package Company, presented an overview
of the request and answered questions from the Board.
Chairman Caster asked if anyone would like to speak in opposition to the request.
Hearing no comments, Chairman Caster closed the Public Hearing and requested direction from the Board.
Motion:
Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the request to rezone
approximately 46 acres of property along the marsh line located on a portion of 1505 Castle Hayne Road from I-2
Heavy Industrial District to R-15 Residential District finding that the request is: 1) Consistent with the purposes and
intent of the Community land classification and the associated land use policies adopted in the 2006 Land Use Plan;
and 2) Reasonable and in the public interest to allow transition of acreage outside the flood plain from industrial
zoning class to residential zoning class with base densities of 2.5 units per acre in this location within close
proximity to an existing adjacent R-15 Residential District. Upon vote, the MOTION CARRIED 4 TO 0.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF AREA 9A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972, is hereby
incorporated as a part of the minutes and is contained in Zoning Book II, Section 9A, Page 51.
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT REQUEST FOR ARTICLE V.
DISTRICT REGULATIONS, TABLE OF PERMITTED USES TO ADD PARKS IN ALL DISTRICTS (A-
357, 3/07)
Chairman Caster opened the Public Hearing and requested Planning Director Chris O?Keefe to make the
staff presentation.
Planning Director O?Keefe reported that staff is requesting that Section 50-5 Table of Permitted Uses be
amended to include ?Parks and Recreation Areas? as a Permitted Use in the B-1, B-2, I-1, I-2, SC and RA districts.
Parks and recreation areas are already permitted by right in each of the other zoning districts.
At its March 1, 2007 meeting, the Planning Board voted 4-0 to recommend approval of the amendment. No
one spoke in favor of or in opposition to the request.
Chairman Caster asked if anyone would like to speak in favor of or in opposition to the request.
Hearing no comments, Chairman Caster closed the Public Hearing and requested direction from the Board.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve the zoning text
amendment as presented for Article V, District Regulations, Table of Permitted Uses to add parks as permitted uses
in all districts finding that the ordinance amendment is: 1) Consistent with the purposes and intent of the land
classification system and the associated land use policies adopted in the 2006 Land Use Plan; and 2) Reasonable and
in the public interest to allow opportunities to develop public parks throughout the unincorporated areas of the
County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, APRIL 2, 2007 PAGE 81
A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as a part of the minutes
and contained in Exhibit Book XXX, Page19.12.
ADJOURNMENT
There being no further business, Chairman Caster called for a motion to adjourn the meeting.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adjourn the meeting. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 9:11 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board