2007-09-04 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 176
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Tuesday, September 4,
2007, at 5:30 p.m. in the Human Resources Training Center, New Hanover County Government Center, 230
Government Center Drive, Suite 135, 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
Reverend Jeff Roberts, Trinity United Methodist Church, gave the invocation.
Commissioner Davis led the audience in the Pledge of Allegiance to the Flag.
REMOVAL OF REGULAR AGENDA ITEM 5
Chairman Caster reported that Regular Agenda Item 5 ? Consideration of Revisions to New Hanover
County Code, Section Five: Animals and Fowls has been pulled from the Agenda until the Board?s September 17,
2007 meeting.
APPROVAL OF CONSENT AGENDA
Chairman Caster reported that Consent Agenda Item 3 - Adoption of Resolution Approving the Sole Source
Award to Best Uniforms, Inc. has been removed from the agenda at the request of Sheriff Causey.
Chairman Caster asked if any member of the Board would like to remove an item from the Consent Agenda
for discussion.
Hearing no comments, Chairman Caster requested a motion from the Board to approve the items on the
Consent Agenda as presented.
Motion:
Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, 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 following meetings as presented by the Clerk to the
Board:
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Work Session meeting held on August 9, 2007
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Agenda Review meeting held on August 9, 2007
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Regular Session meeting held on August 13, 2007
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Closed Session meeting held on August 13, 2007
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Board of Equalization and Review meeting held on August 14, 2007
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Special Joint Session meeting held on August 22, 2007
Adoption of Resolution and Budget Ordinance Amendment 08-024 Accepting the Donation of a 1994 Ford
Van from Family Services of the Lower Cape Fear ? Juvenile Day Treatment Center
The Commissioners, on behalf of the Juvenile Day Treatment Center, adopted the resolution and budget
ordinance amendment 08-024 accepting the donation of a 1994 Ford Van (VIN # 1FBJS31HB58214) from Family
Services of the Lower Cape Fear. The North Carolina Department of Motor Vehicles has established the market
value of the van to be $1,790. The County must pay $60 to cover the required highway use tax and registration;
thereby adjusting the market value of the van to $1,850.
A copy of the resolution and budget ordinance amendment is hereby incorporated as part of the minutes
and is contained in Exhibit Book XXX, Page 29.1.
Approval of Capital Outlay Budget Amendment #1 and Adoption of Budget Ordinance Amendment 2008-20
to Increase Project Funds for the Public School Capital Building Fund for Annie H. Snipes Academy of Arts
and Design ? New Hanover County School System
The Commissioners approved New Hanover County Board of Education Budget Amendment #1 for
Capital Outlay Funds and adopted budget ordinance amendment 2008-20. The funds will be used for renovations,
minor site improvements, and technology upgrades for the Annie H. Snipes Academy of Arts and Design. Funds
from the 2005 Local Bond Referendum will be used for the required local match.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXX, Page 29.2.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 177
Adoption of Budget Ordinance Amendment ? Budget Department
The Commissioners adopted budget ordinance amendment 08-025 - Rollover of Unexpended Grant Funds
from FY 06/07 to FY 07/08.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXX, Page 29.3.
REGULAR AGENDA
ADOPTION OF RESOLUTION SUPPORTING AND ENDORSING THE CIVIL WORKPLACE
PROTOCOL DEVELOPED BY THE BUSINESS COMMUNITY ACTION TEAM OF EVOLVE
WILMINGTON! AND APPROVAL OF PERSONNEL POLICY REVISIONS
Assistant County Manager Andre? Mallette introduced Cathy Morgan in her new role as Human Resources
Director.
Human Resources Director Cathy Morgan reported that the Board is being requested by the Business
Community Action Team of EVOLVE Wilmington!, of which the County is a member-employer, in affiliation with
Domestic Violence Shelter & Services, Inc., to support and endorse a peer-based Civil Workplace Protocol. The
protocol addresses the business need to employers to establish civil, violence-free, productive workplaces through
policy implementation, education and communication.
Staff is also requesting that the Board approve revisions to the personnel policy to formally address respectful
workplace, workplace violence and domestic violence in the workplace issues.
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Respectful Workplace Policy - The respectful workplace policy helps shape the organizational culture by
establishing a standard of respectful conduct for all employees to follow in their dealings with each other
and with the citizens they serve. The policy addresses behaviors which may not be unlawful, but which
nevertheless are detrimental to positive communication, collaborative working relationships, employee
satisfaction and retention, and service delivery.
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Workplace Violence Policy - With incidents of workplace violence on the rise and the potential for
domestic violence to spill over into the workplace, we have recognized the need to give the County's
position on workplace violence a more prominent place in our organizational culture. This policy
addresses behaviors which escalate from harassment to violence and endanger the health and safety of
County employees and citizens on County property or engaged in the conduct of County business.
Commissioner Pritchett read the resolution into the record and made a motion for adoption of the resolution
and approval of the revisions to the personnel policy as presented.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the resolution
supporting and endorsing a peer-based Civil Workplace Protocol and to approve the revisions to the personnel
policy as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXX, Page 29.4.
PUBLIC HEARING ON AUTHORIZING AN INSTALLMENT PURCHASE CONTRACT AND DEED OF
TRUST
Chairman Caster opened the Public Hearing and requested staff to make the presentation.
Finance Director Avril Pinder reported that at the Board?s August 13, 2007 meeting, the Board
unanimously adopted a resolution authorizing the negotiation of an Installment Purchase Contract and directing
Publication of Notice of the Contract to provide financing for the Drinking Water Treatment Plant in an amount not
to exceed $42 million. Staff is requesting the Board conduct the required Public Hearing on this item.
Chairman Caster asked if there was anyone who wished to speak on this item.
Hearing no comments, Chairman Caster closed the Public Hearing.
PUBLIC HEARING TO CONSIDER A REQUEST BY STAFF TO NAME AN UNNAMED ROAD TO
MARSH COVE LANE AND ASSIGN NEW STREET NUMBERS (SN-102, 08/07)
Chairman Caster opened the Public Hearing and requested staff to make the presentation.
Principal Development Planner Sam Burgess reported that in May 2006, Planning staff received a request
from several residents living near the 5900 block of Myrtle Grove Road to have their unimproved road named and
street numbers be assigned. A majority of the residents agreed on the name of Marsh Cove Lane. The naming of
the road will enhance public and emergency service delivery, a better means of neighborhood identification and
safety for the residents who presently live along the road. Presently, residents living along the road use a
combination of Myrtle Grove Road and Shannon Drive addresses.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 178
Planning Department staff and Emergency Services staff recommend that the unnamed road be named
Marsh Cove Lane and that new street numbers be assigned along the road. The County will be responsible for
creating and erecting a new street sign. The proposed effective date of change for the residents will be November 30,
2007.
Hearing no comments, Chairman Caster closed the Public Hearing and asked for direction from the Board.
Commissioner Pritchett and Vice-Chairman Greer suggested the effective date for the change be January
30, 2008, following the December holidays.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to adopt an ordinance naming an
unnamed road near the 5900 block of Myrtle Grove Road to Marsh Cove Lane and assign new street numbers with
an effective date of January 30, 2008. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance naming the road and the order assigning the address numbers is hereby
incorporated as a part of the minutes and is contained in Exhibit Book XXX, Page 29.5.
PUBLIC HEARING TO CONSIDER A REQUEST BY STAFF TO REASSIGN STREET ADDRESSES TO
A PORTION OF SANDERS ROAD (AA-001, 08/07)
Chairman Caster opened the Public Hearing and requested staff to make the presentation.
Principal Development Planner Sam Burgess reported Sanders Road is experiencing an explosion of
growth. Sanders Road is a North Carolina Department of Transportation maintained road and is approximately
5,000 feet in length located between River Road to the west and Carolina Beach Road to the east. Currently there
are three large residential developments under construction as well as a retail complex located at the southwest
corner of Carolina Beach and Sanders Road and a credit union along Sanders Road.
In anticipation and in response to the growth near and along Sanders Road and to enhance timely
emergency service delivery, several existing street mailing addresses need to be changed to provide proper
sequential numbering and block ranges. At the present time, a variety of street addresses, double and triple digit
numbers, exist along the road that do not conform to the County?s addressing standards adopted in 2002. These
addresses most likely were assigned many years ago by the United States Postal Service and the County. Planning
Department staff in conjunction with Emergency Services staff has made every effort to retain as many of the
existing street addresses as possible. The following four lots along the road will be affected by the address
adjustment:
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22 Sanders Road (address out of sequence)
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543 Sanders Road (out of normal block range)
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539 Sanders Road (out of normal block range)
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417 Sanders Road (out of normal block range)
Staff is requesting the Board approve the address adjustments with an effective date of November 30, 2007.
Burnett Sanders, 417 Sanders Road, stated that his family has owned property on Sanders Road for
generations and on behalf of his mother Sarah Sanders, is requesting that her address not be changed.
Brenda Hewlett, Public Safety Communications Center Supervisor, stated that they are in agreement with
the Planning Department?s recommendation.
Hearingno further comments, Chairman Caster closed the Public Hearing and requested direction from the
Board.
Commissioner Pritchett suggested making the effective date be in January 2008, after the holidays.
Vice-Chairman Greer suggested directing staff to work closely with the Sanders family.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Pritchett, to approve the address
assignments of four properties on Sanders Road as presented, with an effective date of January 30, 2008 and
directed staff to work closely with the Sanders family. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner
Kopp voted in opposition.
A copy of the order assigning street address numbers is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XXX, Page 29.6.
PUBLIC HEARING TO CONSIDER A REQUEST BY SHANKLIN AND NICHOLS, PA, ON BEHALF OF
ACI-PINE RIDGE, LLC, TO REZONE APPROXIMATELY 16.2 ACRES OF PROPERTY LOCATED OFF
NORTH MARKET STREET AT PORTER?S NECK ROAD FROM B-1 NEIGHBORHOOD BUSINESS
ZONING DISTRICT TO CD (B-2) CONDITIONAL DISTRICT HIGHWAY BUSINESS (Z-861, 04/07)
Chairman Caster reported that this item is a Public Hearing to consider a request by Shanklin and Nichols,
P.A., on behalf of ACI-Pine Ridge, LLC, to rezone approximately 16.2 acres of property on Porters Neck Road from
B-A Neighborhood Business Zoning District to CD (B-2) Conditional Highway Business District.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 179
This item was continued from the July 9, 2007 meeting of the Board of County Commissioners pending
additional information regarding access to the site.
The public hearing will be limited to any new information concerning access issues which the petitioner
would like to present and the opponents will be limited to speaking on information which is presented as new and
additional information.
The Petitioner and opponents will each be allowed a total of twenty minutes to present their arguments,
with fifteen minutes each for the presentation and five minutes each for rebuttal comments. He requested staff to
make the presentation.
Chairman Caster opened the Public Hearing and announced that the Conditional Use Permit process
requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify.
The following persons were sworn in:
Chris O?Keefe
Jane Daughtridge
Ken Shanklin
Matt Nichols
Paul Boney
David Sneeden
James Black
Brad Murr
Nicky Wagoner
Ronald Brink
Dan Martin
Lyle Overcash
C. Neil Shepherd
Bob Ketchum
Mike Kozlosky
Dennis Ihnat
Senior Planner Jane Daughtridge reported that Ken Shanklin with Shanklin and Nichols, PA, on behalf of
ACI-Pine Ridge, LLC, is requesting to rezone approximately 16.2 acres of property located off North Market Street
at Porter?s Neck Road in the Transition and Wetland Resource Protection land classifications from B-1
Neighborhood Business zoning district to CD (B-2) Conditional District Highway Business and presented a slide
overview of the request. The traffic impact from the completion of the I-140 by-pass has transitioned the level of
service up from F to D.
Planning Director Chris O?Keefe reported that at the Board?s July 9, 2007 meeting, the Commissioners
voted to continue this item pending additional information on access to the site and internal traffic flow. The
Petitioner has met with members of the Porters Neck Community, Staff and NCDOT to address these concerns.
The Petitioner has agreed to limit the use to only the Building Materials and Garden Supplies use and to
install a private well for irrigation purposes. The Petitioner has also agreed to design, permit and construct a
collective sewer system to serve the site per Sanitary District specifications. The Traffic Impact Analysis was also
updated.
Planning Director O?Keefe read the following revised findings of facts into the record.
1. The Board must find that the use will not materially endanger the public health or safety where proposed
and developed according to the plan as submitted and approved.
A. Public water will serve the property.
B. County sewer will be required to serve the site.
C. Applicant will design, permit and construct a collective sewer system to serve the site per District
specifications.
D. A private well will be installed for irrigation.
E. The property accesses Market Street, an identified arterial via the intersection of Market Street and
Porter?s Neck Road.
F. Traffic counts decreased in the vicinity of this site between 2005 and 2006.
G. Fire Service is available from the Ogden FD.
H. The property is not located in a flood hazard area.
I. Storm water retention is shown on the site plan and must meet the design standards of the
County?s storm water ordinance.
2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance.
A. The property is zoned B-1 Neighborhood Business District. This request is made concurrent with
conditional rezoning to CD (B-2) Highway Business District.
B. The proposed range of uses is too broad to be construed as anything other than ?tentative? and
therefore does not meet the spirit and intent of a conditional use district as described in Section
59.7-1.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 180
C. Petitioner proposes off-street parking that exceeds the requirements of Article VIII of the New
Hanover County Zoning Ordinance by providing 547 spaces compared to 423 spaces required.
D. Traffic circulation system will be via internal drives connecting to the extension of Porter?s Neck
Road and must provide adequate access for emergency service vehicles.
E. A traffic impact analysis was updated in 2007 for NCDOT for this project and street
improvements will be required by NCDOT for congestion management.
F. The Special Highway Overlay District applies to two sides of this property. Buffers as required in
Section 59.6 must be provided. The applicant has provided renderings to depict the approximate
effectiveness of the proposed vegetative buffer to fully shield outside storage from view along the
I-140 overlay.
3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or
that the use is a public necessity.
A. No evidence has been submitted that this project will decrease property values of adjacent parcels.
B. Storm water management must perform in compliance with the requirements of the County
ordinance.
4. The Board must find that the location and character of the use, if developed according to the plan as
submitted and approved, will be in harmony with the area in which it is to be located and in general
conformity with the plan of development for New Hanover County.
A. The 2006 Land Use Plan identifies this area as Transition, which provides for future intensive
urban development on lands that have or will have urban services.
B. Other commercial uses are prevalent in this vicinity, although none are of the magnitude of a
regional superstore.
C. The site plan proposes improving the Porter?s Neck Road extension to the southwestern property
boundary which would accommodate Plantation Road as indicated in the Long Range
Transportation Plan.
At the June 7, 2007 Planning Board meeting, the Planning Board voted 6 to 1 to recommend approval of
the proposed request, including conditions of improving the access road to NCDOT standards along the southwest
portion of the site and requiring pervious pavement for parking spaces in excess of minimum requirements. Staff
also recommends approval.
In response to Board questions, Planning Director O?Keefe confirmed that with the changes proposed by
the Petitioner, the septic tank concern and the potential of underground pollution to Futch Creek has been eliminated
and the Traffic Impact Analysis that was conducted reports that the overall flow of traffic will be improved.
Chairman Caster asked if the Petitioner would like to speak on the request.
Ken Shanklin, Attorney with Shanklin and Nichols representing ACI-Pine Ridge, presented an overview of
the Lowe?s at Porter?s Neck project highlighting that as a result of meetings with neighbors, a new traffic study was
performed which resulted in a revised and updated traffic study. As a result of these meetings the intersection and
traffic pattern was revised to enhance the Porter?s Neck Road/Market Street intersection above NCDOT?s
requirements.
Lyle Overcash, Martin/Alexiou/Bryson, PLLC, presented a slide overview of the revised intersection and
traffic pattern improvements and the proposed secondary access.
Attorney Shanklin reported that the Petitioner is agreeing to the following conditions:
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Petitioner agrees to construct, at its cost, appropriate roadway infrastructure to create secondary access
from the Lowe?s site southward through the Porters Neck Shopping Center to U.S. Highway 17. These
improvements shall be constructed prior to issuance of the Certificate of Occupancy.
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Petitioner agrees to construct, at its cost, water and sewer infrastructure to the site as approved by the
County?s Engineer. Upon completion of the Petitioner?s sewer infrastructure, and pending connection to
the County?s wastewater system, Petitioner may temporarily connect to a private system pending
completion of sewer improvements by the County before the Certificate of Occupancy is issued.
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Petitioner agrees to install, at its cost, all offsite road improvements on Market Street and Porters Neck
Road for its property as approved by the North Carolina Department of Transportation before the
Certificate of Occupancy is issued.
Neil Shepherd, Blue Ridge Engineering, stated that the Petitioner concurs with the requirement that
pervious pavement will be used for all parking spaces in excess of the County?s minimum code. He reported that
the requested amount is lower than standard requirement.
In response to Board questions, Mike Kozlosky, City of Wilmington Senior Transportation Planner, stated
that based on the information that he has reviewed and the Petitioner?s engineer stating that none of the surrounding
roads will function below the current level of D, it is his understanding that with the improvements the roads will
function at an acceptable level of service once the development is constructed.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 181
Mr. Kozlosky reported that currently NCDOT has a transportation study project in this area and NCDOT
Board Member Lannie Wilson has indicated that he will pursue funding for additional traffic studies of this area to
be used for consideration as future development occurs.
Interim County Engineer Dennis Ihnat voiced his concern of allowing the Petitioner to temporarily connect
to a private system pending completion of sewer improvements by the County.
In response to Board questions, Attorney Shanklin acknowledged that the building cannot be occupied until
all the conditions are satisfactorily met and that the Petitioner was willing to take the risk of starting construction
without knowing if and when he could tie into the county sewer system.
Chairman Caster stated that no one has asked to speak in opposition to the request.
Hearing no comments, Chairman Caster closed the Public Hearing and asked for direction from the Board.
Motion:
Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to approve the request by Shanklin
and Nichols, on behalf of ACI-Pine Ridge, LLC, to rezone approximately 16.2 acres of property located off North
Market Street at Porter?s Neck Road from B-1 Neighborhood Business Zoning District to CD (B-2) Conditional
District Highway Business District to locate a Building Material and Garden Supplies facility and to grant the
companion special use permit finding that the request is: 1) consistent with the purposes and intent of the Transition
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 addition of acreage outside the flood plain to be converted to higher intensity commercial
use as outlined in the companion conditional use permit 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 that the Petitioner, at his cost and prior to the
issuance of the Certificate of Occupancy, agrees to: 1) construct the appropriate roadway infrastructure to create a
secondary access from the Lowe?s site as presented on the Petitioner?s site plans #1 and #2, dated August 28, 2007;
2) construct water and sewer infrastructure to the Lowe?s site as approved by the County Engineer; 3) install all
offsite road improvements on Market Street and Porter?s Neck Road for its property as approved by the North
Carolina Department of Transportation; and 4) pervious pavement for parking spaces in excess of minimum
requirements will be used. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAPS OF AREA 5 AND AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON
JULY 6, 1972 AND JULY 7, 1972, are hereby incorporated as a part of the minutes and are contained in Zoning
Book I, Section 5, Page 62 and Zoning Book II, Section 8B, Page 63.
A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP
Book IV, Page 16.1.
BREAK
Chairman Caster called for a break from 7:15 p.m. until 7:30 p.m.
PUBLIC HEARING TO CONSIDER A REQUEST BY JAMES D. SMITH, ON BEHALF OF WILLIAM F.
CANADY, TO REZONE APPROXIMATELY 0.65 ACRE OF PROPERTY LOCATED AT 113
SWEETWATER DRIVE FROM R-15 RESIDENTIAL DISTRICT TO O&I OFFICE AND
INSTITUTIONAL DISTRICT (Z-869, 08/07)
Chairman Caster opened the Public Hearing and requested staff to make the presentation.
Senior Planner Jane Daughtridge reported that Attorney James D. Smith, on behalf of William F. Canady,
is requesting to rezone approximately 0.65 acre of property located at 113 Sweetwater Drive from R-15 Residential
District to O&I Office and Institutional District and presented a slide overview of the request.
Planning Director Chris O?Keefe continued reporting that the subject property is located off Market Street
in the northern portion of the county with primary access from Sweetwater Drive. The rezoning petition proposes a
change from the moderate density residential zoning to an Office and Institutional District, expanding an existing
O&I Zoning District. The site has reasonable access through an existing office park and is consistent with adjacent
land uses to the south and east.
Based on the above analysis, staff feels that this proposal is consistent with the policies of the Land Use
Plan. In response to Country Haven Drive residents? concerns relating to drainage, potential traffic on the private
street and potential violations of their restrictive covenant, the Planning Board offered to support an amended
version to include only the lot at 113 Sweetwater Drive and not the lot fronting on Country Haven Drive. The
applicant agreed with the Planning Board?s suggestion.
Chairman Caster asked if the Petitioner would like to speak on the request or if anyone would like to speak
in opposition to the request.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 182
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 approve the request by James D.
Smith, on behalf of William F. Canady, to rezone approximately 0.65 acre of property located at 113 Sweetwater
Drive from R-15 Residential District to O&I Office and Institutional District finding that the request is: 1) consistent
with the purposes and intent of the Transition 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 residential acreage to office
and institutional use in this location. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 7, 1972, is
hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 64.
PUBLIC HEARING TO CONSIDER A REQUEST BY WITHERS AND RAVENEL, ON BEHALF OF
LOUISE STEVENS, TO REZONE APPROXIMATELY 9.25 ACRES OF PROPERTY LOCATED AT 4451
AND 4453 GORDON ROAD FROM R-15 RESIDENTIAL DISTRICT TO R-10 RESIDENTIAL DISTRICT
(Z-870, 08/07)
Chairman Caster opened the Public Hearing and requested staff to make the presentation.
Senior Planner Jane Daughtridge reported that Cindee Wolf with Withers and Ravenel, on behalf of Louise
Stevens, is requesting to rezone approximately 9.25 acres of property located at 4451 and 4453 Gordon Road from
R-15 Residential District to R-10 Residential District and presented an overview of the request.
Planning Director Chris O?Keefe reported that the subject property is currently used for single family
residential purposes. Adjacent to the east is Brierwood Subdivision which is zoned R-10. The Airport Residential
zoning district abuts on the west side, and a small portion of the subject property is included in the AR District, but
the property is not within the airport approach zone. If approved, the rezoning request will result in a density change
from 2.5 units per acre to 3.3 units per acre. The level of service has been rated A&B along this segment, meaning
traffic flow is free and stable. The maximum potential units for both R-15 zoning and R-10 zoning is ninety-two
units. This limitation is due to density limitations for high density attached dwellings within 200? of detached
dwellings.
This property is classified as Transition in the 2006 Update of the Wilmington/New Hanover County
CAMA Land Use Plan which provides for future intensive urban development on lands that have been or will be
provided with necessary urban services.
This proposal was heard and recommended by the Planning Board earlier this year but at the
Commissioners? meeting on May 7, 2007, the Petitioner withdrew the request in order to address drainage issues
raised by neighbors. At the Planning Board?s August 2, 2007 meeting, they voted 7-0 to recommend approval with
no one from the public speaking. Staff recommends approval.
Chairman Caster asked if the Petitioner would like to speak on the request.
Cindee Wolf, with Withers and Ravenel on behalf of the Petitioner, stated that public water and sewer are
available for the site and that Gordon Road has the needed traffic capacity. The adjacent subdivision of Brierwood
is zoned R-10.
Ms. Wolf reported that the drainage concerns raised by neighbors have been examined. The drainage for
the project will be managed by a retention pond on the property and will not have an impact on the area that is of
concern to the neighbors.
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 approve the request by Withers
and Ravenel, on behalf of Louise Stevens, to rezone approximately 9.25 acres of property located at 4451 and 4453
Gordon Road from R-15 Residential District to R-10 Residential District finding that the request is: 1) consistent
with the purposes and intent of the Transition 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 increase in base density from 2.5 units per
acre to 3.3 units per acre in this location adjacent to existing R-10 districts. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 7, 1972, is
hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 8B, Page 65.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 183
PUBLIC HEARING TO CONSIDER A REQUEST BY STAFF TO AMEND SECTION 111 OF THE
ZONING ORDINANCE TO REQUIRE APPLICANTS TO CONDUCT A COMMUNITY INFORMATION
MEETING PRIOR TO SUBMISSION OF REQUESTS FOR PLANNED DEVELOPMENT, RIVERFRONT
MIXED USE OR CONDITIONAL USE DISTRICT ZONING ACTIONS (A-361, 08/07)
Chairman Caster opened the Public Hearing and requested staff to make the presentation.
Planning Director Chris O?Keefe reported that staff is requesting to amend Section 111 of the Zoning
Ordinance to require applicants to conduct a community information meeting prior to submission of requests for
Planned Developments, Riverfront Mixed Use or Conditional Use District zoning actions. The petitioner will be
required to include a written report of at least one community information meeting. The community meeting shall be
held prior to submission of the application for map amendment. The primary purpose of the meeting is to explain the
upcoming proposal and field questions from residents in the surrounding area.
At a minimum, written notice of such a meeting shall be given to the adjacent or immediately affected
property owners and any organizations entitled to notice based on a standing written request on file with the Clerk to
the Planning Board. The meeting should focus on information exchange between a petitioner and the specific
invitees but should be open to the general public as well.
The report shall include, among other things:
1. A listing of those persons and organizations contacted about the meeting and the manner and date of
contact;
2. The date, time and location of the meeting;
3. A roster of the persons in attendance at the meeting;
4. A summary of issues discussed at the meeting; and
5. A description of any changes or adjustments to the rezoning petition made by the petitioner as a result of
the community meeting.
In the event the petitioner has not held at least one meeting pursuant to this subsection, the petitioner shall
file a report documenting efforts that were made to arrange such a meeting and stating the reasons such a meeting
was not held. The adequacy of a meeting held or report filed pursuant to this section shall be considered by the
Planning Board in its decision and by the County Commissioners, as appropriate, but shall not be subject to judicial
review.
Chairman Caster asked if anyone would like to speak in favor of or 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 Commissioner Kopp, to approve the zoning text
amendment as presented for Section 111 of the Zoning Ordinance to require applicants to conduct a community
information meeting prior to submission of requests for Planned Developments, Riverfront Mixed Use or
Conditional Use District zoning actions finding that the request is: 1) consistent with the purposes and intent of the
land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to establish a
requirement that certain development proposals must hold a community information meeting prior to submission of
an application for certain zoning changes. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as a part of the minutes
and contained in Exhibit Book XXX, Page 29.7.
PUBLIC HEARING TO CONSIDER A REQUEST BY STAFF TO AMEND SECTION 71-1 OF THE
ZONING ORDINANCE TO ADD LANGUAGE ESTABLISHING A POLICY ON RE-SUBMITTAL OF
DENIED SPECIAL USE PERMIT APPLICATIONS (A-362, 08/07)
Chairman Caster opened the Public Hearing and requested staff to make the presentation.
Planning Director Chris O?Keefe reported that staff is requesting to amend Section 71-1 of the Zoning
Ordinance to add language establishing a policy on the resubmittal of denied Special Use Permit applications. The
proposed revision is as follows:
Section 71-1(10
)
Resubmittals. An application for a special use which has been previously denied may be resubmitted only
if there has been a change in circumstances as determined by the Planning Director or the director's designee.
Evidence presented in support of the new application shall initially be limited to what is necessary to enable
the Planning Director to determine whether there has been a substantial change in the facts, evidence, or conditions
of the case and shall include:
?
Circumstances affecting the property that is the subject of the application which have substantially
changed since the denial; or
?
New information available since the denial that could not with reasonable diligence have been
presented at a previous hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 184
If the Planning Director deems the evidence has substantially changed, the proposal may be resubmitted as
a new application. Appeal of the Planning Director?s decision may be made to the Board of County Commissioners.
Chairman Caster asked if anyone would like to speak in favor of or in opposition to the request.
Hearing no one, Chairman Caster closed the Public Hearing and asked for direction from the Board.
Vice-Chairman Greer suggested imposing time limits.
Motion:
Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to approve the zoning text
amendment as presented to amend Section 71-1 of the Zoning Ordinance to add language establishing a policy on
the re-submittal of denied Special Use Permit applications finding that the request is: 1) consistent with the purposes
and intent of the land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to
establish more definitive guidance for circumstances under which a denied special use request might be eligible for
rehearing. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as a part of the minutes
and contained in Exhibit Book XXX, Page 29.8.
PUBLIC HEARING TO CONSIDER A REQUEST BY STAFF TO AMEND SECTION 111 OF THE
ZONING ORDINANCE TO ESTABLISH A POLICY AND PROCEDURE RELATING TO
CONTINUANCES OF REZONING CASES (A-363, 08/07)
Chairman Caster opened the Public Hearing and requested staff to make the presentation.
Planning Director Chris O?Keefe reported that staff is requesting to amend Section 111 of the Zoning
Ordinance to add language establishing a policy and procedure relating to continuances and/or withdrawals of
rezoning cases.
Withdrawals:
?
When a project is withdrawn, the case is closed and any further request for action becomes a new
request, subject to new submission deadlines and new fees. Withdrawals of map amendments
(rezonings) are subject to the limitations of Section 111-3(4) and (5). Specifically, if the petition is
not withdrawn prior to delivering the Planning Board advertisement of public hearing to the
newspaper, a 12 month waiting period applies and is counted from the advertised hearing date.
Continuances:
?
A continuance delays decision-making from the advertised hearing date to some future meeting.
From time to time, circumstances beyond the control of an applicant may arise to necessitate
delaying a request before the Planning Board or Board of County Commissioners. The current
ordinance does not specifically address this subject. Understanding that these situations do arise,
but also acknowledging significant inconvenience to the public and the boards, as well as the
resultant additional costs of staff time, notice expense, and production costs, some mechanism to
discourage abusive use of continuances is advisable.
At a minimum, additional fees should be charged when continuances are requested. The fee will help offset
the added cost of the correction notices, staff time, fuel, and re-advertising the item the following month.
Staff is proposing the following addition:
Sec. 111-3(6) All requests for continuances of proposals and petitions involving a change of zoning shall be
subject to the following policies:
1. If an applicant requests that an item be delayed for consideration on the Planning Board agenda,
the request must be in writing to the Planning Director and must include the reason(s) for the
requested delay. If the request is received:
a. prior to notice being sent to the newspaper for advertising, the Planning Director may remove it
from the agenda and calendar it for the next meeting. No additional fee will be required. Only one
administrative continuance is allowed per permit application.
b. after notice has been sent to the newspaper, the item will remain on the agenda and the planning
board will act on the request for continuance of the item at the meeting. The board is under no
obligation to grant a continuance. If continued, a fee in accordance with the adopted fee schedule
will be charged and the item will be rescheduled for the next upcoming meeting of the board or
some other date certain. If the applicant fails to appear at the meeting or fails to pay the additional
fee by the publication deadline, the proposal will be deemed withdrawn, and a new application
process will be required.
2. If an applicant requests delay of consideration from the Board of County Commissioners agenda,
the request must be in writing to the County Manager, copied to the Planning Director, and must
include the reason(s) for the request. If the request is received:
a. prior to notice being sent to the newspaper for publication, the Planning Director will remove the
item from the list of planning items being sent for the Manager?s agenda and calendar it for the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 185
next regular night meeting. The Planning Director will immediately cause correction of the
signage posted noticing the public hearing. A fee in accordance with the adopted fee schedule will
be paid to the NHC Planning Department to offset the cost of fuel and staff time to correct the
signage.
b. after notice has been sent to the newspaper, the item will remain on the agenda and the
Commissioners will act on the request for continuance of the item at the advertised meeting. The
Commissioners are under no obligation to grant a continuance and may choose to hear the item
and act on it. If continued, a fee in accordance with the adopted fee schedule will be paid and the
item will be rescheduled for the next regular hearing meeting or some other date certain. If the
applicant fails to appear at the meeting or fails to pay the additional fee by the publication
deadline, the proposal will be deemed withdrawn, and a new application process will be required.
Chairman Caster asked if anyone would like to speak in favor of or 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 Commissioner Kopp, to approve amending Section
111 of the Zoning Ordinance to add language establishing a policy and procedure relating to continuances and/or
withdrawals of rezoning cases finding that the request is: 1) consistent with the purposes and intent of the land use
policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to establish a definitive
process for granting continuances and charging fees to recoup recurring costs associated with a continuance. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as a part of the minutes
and contained in Exhibit Book XXX, Page 29.9.
ASSESSMENT OF MASON INLET RELOCATION MAINTENANCE COSTS
Finance Director Avril Pinder reported that at the work session held on August 9, 2007, Frank Pinkston,
representative of the Mason Inlet Preservation Group presented to the Board a request to reduce the cost to the
property owners for the upcoming Mason Inlet Assessment. The request was based on the Room Occupancy Tax
received from properties along the northern end of Wrightsville Beach. At the Board?s August 13, 2007 meeting,
staff was directed to analyze Room Occupancy Tax receipts from properties along the north end of Wrightsville
Beach. The properties analyzed were Shell Island Resort, Wrightsville Dunes, Dune Ridge and Cordgrass Bay.
Finance Department staff reviewed Room Occupancy Tax collections for the above referenced areas
finding that annual collections are estimated in the amount of $416,000. Of these funds, $125,000 is designated to
beach renourishment. The current assessment for Wrightsville Beach is $2,728,205 and for Figure Eight Island is
$561,178. Staff is seeking direction of any reductions in these assessment amounts.
Frank Pinkston, on behalf of Mason Inlet Preservation Group, presented the request to use Room
Occupancy Tax funds to cover a portion of the continuing cost for maintaining Mason Inlet. The project has gone
beyond protecting property owners to being a benefit to the State, County, tourism trade, residents, and visitors.
There has never been any direct financial benefit received by the Wrightsville Beach north-end property from the
portion of the Room Occupancy Tax funds developed for beach nourishment. It is only fair that the County provide
some assistance for maintenance and monitoring. To date, a portion of the first assessment of $6.8 million has been
paid with a current assessment of approximately $3 million remaining. He requested using a portion of the Room
Occupancy Tax funds that north end of Wrightsville Beach homeowners have paid in the amount of $125,000, for
the past five years, for a total amount of relief in the amount of $625,000.
In response to Board questions, Finance Director Pinder presented the following breakdown of the current
assessment amount of $2,728,207 for the north end of Wrightsville Beach.
?
Approximately $1.2 million remaining balance from the initial relocation project
?
Approximately $1.5 million is due for the past five year period of required
maintenance/monitoring
Chairman Caster reported that certain monitoring and mitigation requirements were agreed to in order to
get the necessary permits to do the initial project. He suggested that staff work closely with the Army Corps of
Engineers and others to assess and possibly reduce future monitoring requirements and expenses.
Finance Director Pinder confirmed that staff is working with Chris Gibson, Gahagan & Bryant Engineers
and Surveyors, staff from the Land Management Group, and the Army Corps of Engineers to assess and possibly
reduce future monitoring requirements and expenses.
Dick Hoffman, Shell Island HOA President, requested the Board reconsider the obligation and provide the
north end property owners with some relief for the ongoing maintenance projects. He stated that he doubted that the
south end Wrightsville Beach homeowners would be required to bear the cost if the south end inlet moved.
Vice-Chairman Greer stated that he would like to see the State address the inequity of the beach
renourishment portion of the Room Occupancy Tax funds formula for the north end portion of Wrightsville Beach.
The best help the County can offer at this point is to direct staff to continue to meet with the appropriate agencies to
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 186
help relieve some of the monitoring requirements and to include a representative from the Mason Inlet Preservation
Group in expenditure talks, stating that it is for them to provide input and help, not for their approval. Approval has
already been given through the contract that is in place.
Mr. Pinkston stated that they would like for a representative from the Mason Inlet Preservation Group to be
allowed to participate when monitoring contracts are being negotiated.
Mike Giles, North Carolina Coastal Federation, requested that the County sponsor public forums with the
stakeholders and all interested parties on the biological and environmental aspects of the beach.
Commissioner Kopp stated that an agreement is an agreement and that the Board needs to move forward
with the agreement that is in place. He stated that he would like to see some of the charges mitigated and financial
impact lessened, and vowed that he would work toward that end.
Commissioner Davis stated that he feels that the Mason Inlet Preservation Group needs to stick by their
agreement and pay for the work that has been done. He endorsed the suggestion that staff work with the pertinent
agencies and stakeholders, to evaluate and mitigate the monitoring expenses. He voiced his disappointment that
Representative Danny McComas has not been included in the discussion and encouraged Mr. Pinkston to keep
Representative McComas in the loop.
Mr. Pinkston stated that contracts are made, and contracts are amended, especially long term contracts like
this one.
Chairman Caster requested direction from the Board.
Motion:
Commissioner Kopp MOVED, SECONDED by Commissioner Davis, to assess the north end of
Wrightsville Beach property owners in the amount of $2,728,205 and Figure Eight Island homeowners in the
amount of $561,178. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to direct staff to include a
representative of the Mason Inlet Preservation Group in contract negotiations and discussion of monies being spent,
for input only, and does not include approval privileges. Upon vote, the MOTION CARRIED UNANIMOUSLY.
County Manager Bruce Shell clarified that staff will continue to work closely with the Mason Inlet
Preservation Group to include them in discussions and to provide them with requested documentation.
CONSIDERATION OF REVISIONS TO THE NEW HANOVER COUNTY CODE, SECTION FIVE:
ANIMALS AND FOWL
Chairman Caster reported that Regular Agenda Item 5 ? Consideration of Revisions to New Hanover
County Code, Section Five: Animals and Fowls has been pulled from the Agenda until the Board?s September 17,
2007 meeting.
ADOPTION OF RESOLUTION AWARDING BID 08-0042 AND CONTRACT 08-0042 TO SAM ENGLISH
OF VA, INC FOR THE PURCHASE OF BOILER TUBES PANELS AT WASTEC
WASTEC Director John Hubbard reported that a Request for Bids was published in the Star News on
Sunday, July 29, 2007. The following bids were received:
?
ABT, Inc. $224,380 Lead time: First Quarter 2008
?
Joe Moore & Company $234,892 Lead time: 42-45 weeks
?
Sam English of VA, Inc. $287,000 Lead time: 16 weeks
Based on the information provided by the three bidders, Sam English is the most responsible, responsive
bidder, taking into consideration quality, performance and the time specified in the bids for the performance of the
contract. This is based on the fact that ABT, Inc., cannot provide the eight wall boxes required to replace the boiler
tubes and has a lead time of approximately seven months. Joe Moore & Company can provide the panels as
specified; however, the company has a lead time of approximately eleven months. Sam English, although the
highest bidder, has a lead time of approximately four months. Each month that boiler #2 remains inoperable costs
WASTEC about $147,000 in lost revenues as a result of not burning trash. In addition, each month that boiler #2 is
down, WASTEC loses approximately 900 megawatts of power. If one estimates that each megawatt of electricity
cost $40.67, then $36,603 will be lost in revenues per month each month that boiler #2 is down. The additional lead
time required by Joe Moore & Company will result in excessive lost revenues making it less expensive to use Sam
English.
Staff is requesting the Board adopt the resolution awarding Bid 08-0042 and Contract 08-0042 to Sam
English of VA, Inc., in the amount of $287,000 and authorize staff to execute the contract.
Chairman Caster requested direction from the Board.
Motion:
Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution awarding
Bid 08-0042 and Contract 08-0042 to Sam English of VA, Inc., in the amount of $287,000 and authorize staff to
execute the contract. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, SEPTEMBER 4, 2007 PAGE 187
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXX, Page 29.10.
Break
Chairman Caster called for a break from 9:00 p.m. until 9:13 p.m.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session at 9:13 p.m. to hold a meeting of the New Hanover
County Water and Sewer District.
Commissioner Davis excused himself at 9:50 p.m.
Chairman Caster reconvened to Regular Session at 10:18 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 ITEM
ADOPTION OF RESOLUTION REQUESTING GOVERNOR EASLEY TO CALL A SPECIAL SESSION
OF THE GENERAL ASSEMBLY IN THE FALL OF 2007 TO DISCUSS LOCAL, REGIONAL AND
STATEWIDE TRANSPORTATION FUNDING ISSUES
Commissioner Kopp reported that the Wilmington Urban Area Metropolitan Planning Organization
adopted a resolution at their meeting on Wednesday requesting Governor Easley to call a special session of the
General Assembly to discuss local, regional and statewide transportation funding issues. He requested the Board
consider adopting a similar resolution.
Commissioner Kopp presented the resolution into the record and moved for adoption.
Motion:
Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution
requesting Governor Easley to call a special session of the General Assembly to discuss local, regional and
statewide transportation funding issues. Upon vote, the MOTION CARRIED 4 TO 0.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXX, Page 29.11.
ADJOURNMENT
There being no further business, Chairman Caster called for a motion to adjourn the meeting.
Motion:
Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, to adjourn the meeting. Upon
vote, the MOTION CARRIED 4 TO 0.
Chairman Caster adjourned the meeting at 10:22 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board