2007-11-05 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 226
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, November 5,
2007, at 5:30 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
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, welcomed everyone present and announced that
Commissioner Davis had been delayed and would be arriving late. Commissioner Ted Davis, Jr. arrived at 5:36
p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Patrick Hall, Cape Fear Free Will Baptist Church, gave the invocation.
Commissioner Kopp led the audience in the Pledge of Allegiance to the Flag.
Chairman Caster conveyed condolences to the family of John Durham. Mr. Durham, a New Hanover
County Engineering employee, passed away suddenly last week.
Chairman Caster reported that Brunswick County Chairman David Sandifer is in surgery at New Hanover
Regional Medical Center and requested that he and his family be remembered in thought and prayer.
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.
Hearing no further 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 Vice-Chairman Greer, to approve the items on the
Consent Agenda as presented. Upon vote, the MOTION CARRIED 4 TO 0.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes from the following meetings, as presented by the Clerk to the
Board.
Board of Equalization and Review meeting held on October 4, 2007
Board of Equalization and Review meeting held on October 10, 2007
Agenda Review meeting held on October 11, 2007
Regular Session meeting held on October 15, 2007
Board of Equalization and Review meeting held on October 23, 2007
Joint Session meeting held on October 24, 2007
Approval of Capital Outlay Budget Amendment 4 Appropriating Funds from FY 06-07 Capital Projects to
FY 07-08 Capital Projects ? New Hanover County School System
The Commissioners approved New Hanover County Board of Education Budget Amendment 4
appropriating $101,626,860.85 from FY06-07 Capital Projects to FY07-08 Capital Projects.
Approval of Museum Deaccessions - Cape Fear Museum
The Commissioners approved the deaccession list of items from the Museum?s permanent collection as
recommended by the Curator, Director, Collections Committee, and Museum Advisory Board.
A copy of the deaccession list is on file at the Cape Fear Museum.
Authorization to Re-Submit a Grant Application to the Institute of Museum and Library Services 2008
Museums for America Grant Application ? Cape Fear Museum
The Commissioners authorized the Cape Fear Museum to re-submit a grant application to the Institute of
Museum and Library Services 2008 Museums for America program in the amount of $150,000. If awarded, the
funds will be used to obtain contracted services to design, develop, and fabricate new exhibit elements to convey the
Cape Fear story from pre-history and the indigenous population through the end of the American Revolution with
the exhibit opening in winter 2010. The grant will be matched by an equal value of in-kind staff salaries and the
normal amount of money budgeted for implementation of new long-term exhibits.
Adoption of Budget Ordinance Amendments ? Budget Department
The Commissioners adopted the following budget ordinance amendments:
08-031 - Department of Social Services
08-077 - Juvenile Day Treatment/NHC Schools
08-080 - Emergency Management
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 227
08-082 - Sheriff's Office/Gang Task Force
2008-45 - Commissioners
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXX, Page 33.1.
REGULAR AGENDA
ADOPTION OF PROCLAMATION DECLARING NOVEMBER 2007 AS
FAMILY CAREGIVER MONTH
IN NEW HANOVER COUNTY
Chairman Caster reported that Gayle Ginsberg, Department of Aging and Holly Henderson, Caregiver
Resource Specialist with the Cape Fear Area Agency on Aging, have requested that the Board declare November
2007 as Family Caregiver Month in New Hanover County. Governor Easley has approved a similar proclamation
urging all citizens to acknowledge and support family, friends, and neighbors who are helping our older and disabled
citizens.
Commissioner Pritchett read the proclamation into the record and moved for approval.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Greer, to adopt the proclamation
declaring November 2007 as Family Caregiver Month in New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
The proclamation was received by Case Assistance/Information Referral Social Worker Gayle Ginsberg
and Caregiver Resource Specialist with the Cape Fear Area Agency on Aging Holly Henderson.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXX, Page33.2.
ADOPTION OF PROCLAMATION DECLARING NOVEMBER 2007 AS
ADOPTION AWARENESS
MONTH IN NEW HANOVER COUNTY
Chairman Caster reported that the Board of Social Services has requested the Board proclaim November
2007 as Adoption Awareness Month in New Hanover County.
Chairman Caster read the proclamation into the record and moved for adoption.
Motion:
Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation declaring
November 2007 as Adoption Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
The proclamation was received by Department of Social Services Director LaVaughn Nesmith, Assistant
Director Wanda Marino, and Supervisor Julie Steinbeck.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXX, Page33.3.
NEW HANOVER COUNTY METHAMPHETAMINE PROTOCOL UPDATE
Commissioner Pritchett introduced Department of Social Services Assistant Director Wanda Marino and
New Hanover County Sheriff?s Office Lieutenant Lachlan MacNeish.
Department of Social Services Assistant Director Marino and New Hanover County Sheriff?s Office
Lieutenant MacNeish presented an overview of the addiction of methamphetamine and the New Hanover County
Methamphetamine Protocol update.
Strategic Plan - In an effort to combat the growing crisis of methamphetamine use and addiction in New
Hanover County, the New Hanover County Methamphetamine Task Force has developed a plan that includes
several strategic initiatives. These initiatives are Public Awareness, Training, and a Response Plan.
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Public Awareness ? Public service announcements will be produced by local media to promote awareness
of the dangers of both methamphetamine use and manufacturing. A flyer sharing some tips for recognizing
methamphetamine use, the existence of methamphetamine manufacturing labs and resulting circumstances
of use has been prepared. With the intent being to reach a number of people quickly and effectively, the
flyer will be distributed throughout all school systems in New Hanover County. It will include telephone
numbers for help and information on training and public awareness initiatives.
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Training ? Training Initiatives will be completed annually to bring individuals up-to-date on this public
health hazard. Specific training will be undertaken for emergency responders, public and private sector
employees who find their jobs bring them into dangerous home environments and every person interested
in making presentations to civic groups, public meetings, etc.
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Response Plan ? This response plan primarily focuses on children found in methamphetamine labs and sets
forth protocols for the proper and safe care of those children.
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Protocol A: Scene Assessment and Notification ? recognize, vacate, and notify law enforcement
by calling 911.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 228
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Protocol B: Field Medical Assessment by Emergency Medical Technicians/Paramedics.
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Protocol C: Emergency Department Medical Care for the purpose of evaluating and addressing
problems requiring care, and to conduct the baseline exam. Immediate care must be provided.
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Protocol D: On-going Follow-up ? all children found at Methamphetamine Lab Sites should be
considered at risk and will have follow-up assessments at thirty days and twelve months.
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Children with limited exposure are identified as living in proximity to a clandestine lab,
such as a multi-unit dwelling, or by having been a casual visitor. Parents of these
children are encouraged to seek care from their medical provider to discuss the potential
risk and need for evaluation.
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Other individuals with potential risk, especially pregnant women and first responders, are
encouraged to consult with their medical provider regarding any symptoms or the need
for ongoing evaluation.
All agencies are required to establish and implement a methamphetamine response plan for their specific
agency and staff. These agencies include New Hanover County?s Sheriff?s Office Emergency Response Team,
Wilmington Police Department, Wrightsville Beach Police Department, Carolina Beach Police Department, New
Hanover County Health Department Senior Environmental Health Program Specialist, New Hanover County
Department of Social Services Assistant Director, Wilmington Fire Department Battalion Chief and Emergency
Medical Services, New Hanover County Fire Department Chief and Deputy Chief, New Hanover County
Emergency Management Director, and New Hanover County Department of Environmental Management Director.
In closing, New Hanover County Sheriff?s Office Lieutenant MacNeish stated that the primary goal is the
safeguard and welfare of the children. The easiest way to accomplish this is through a community approach and
involvement.
A complete copy of the New Hanover County Methamphetamine Protocol is on file in the Department of
Social Services.
WILMINGTON REGIONAL FILM COMMISSION, INC. PRESENTATION
George Rountree, III, Chairman and CEO of the Wilmington Regional Film Commission, Inc., and Johnny
Griffin, Director, presented an update on the accomplishments of the film industry in Wilmington highlighting the
following:
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Project inquiries for 2007 year-to-date are 150
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Projects completed in 2007 include four feature films, one TV pilot and one TV series
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Current industry employment is approximately 200
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Money spent in local economy in 2007 is estimated to be approximately $100 million
Mr. Griffin reported that the potential strike from the Writers Guild combined with a potential strike from
directors and actors next summer could result in a nationwide slow down or work stoppage.
In closing, Mr. Griffin reported that the projection for the first half of 2008 is very positive.
APPROVAL OF PENDER COUNTY/NEW HANOVER COUNTY INTERLOCAL AGREEMENT
County Manager Bruce Shell reported that on October 15, 2007, the Board of Commissioners unanimously
adopted the joint resolution with Pender County directing the preparation of an engineering alternatives analysis and
an environmental assessment for the development of a wastewater treatment facility to serve the U.S. Highway 421
Corridor and budget ordinance amendment 2008-46 in the amount of $112,500.
Staff is requesting the Board approve the proposed Interlocal Agreement which addresses the following
terms of the agreement:
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Pender County will contract with McKim and Creed Engineering to perform an Engineering Alternatives
Analysis and an Environmental Assessment for the proposed U.S. Highway 421 Wastewater Treatment
Plant to serve the U.S. Highway 421 industrial corridor in both counties for mutual benefit.
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The total cost of the Engineering Alternatives Analysis and Environmental Assessment will be shared
equally between Pender and New Hanover Counties and will not exceed $125,000.
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The scope of work of the contract will be approved by the County Managers for Pender and New Hanover
Counties.
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Pender County will manage and administer the contract with McKim and Creed.
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Pender and New Hanover officials will meet at least once a month to discuss the progress of the contract
work and to consider further action.
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At milestones in the contract work schedule (to be proposed by McKim and Creed and approved by the
County Managers for Pender and New Hanover Counties), Pender County will invoice New Hanover
County for one-half of the work. New Hanover County will pay the invoice within thirty days.
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This agreement may be amended or terminated at any time upon mutual consent of both counties. Upon
termination, both counties will share equally, unless otherwise mutually agreed, in any remaining costs
owed to McKim and Creed.
In response to Board questions, County Manager Shell clarified that the county currently has a National
Pollutant Discharge Elimination System sewer discharge permit which expires in November 2011.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 229
Commissioner Davis requested to be recused from the Board?s consideration of this item due to owning an
interest in real property located in the U.S. Highway 421 Corridor area.
Motion:
Chairman Caster MOVED, SECONDED by Commissioner Kopp, to recuse Commissioner Davis from the
Board?s consideration of this item due to owning an interest in real property located in the U.S. Highway 421
Corridor area. Upon vote, the MOTION CARRIED 4 TO 0.
Chairman Caster requested direction from the Board.
Commissioner Kopp clarified that this project has no impact on the current capacity issue, water or
wastewater.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to authorize the County Manager
to sign the Interlocal Agreement outlining the terms of the agreement as presented. Upon vote, the MOTION
CARRIED 4 TO 0.
A copy of the interlocal agreement is on file in the Legal Department.
PUBLIC HEARING AND APPROVAL OF REQUEST BY WARD & SMITH, PA FOR GLT PROPERTIES
AND BLACHER PROPERTIES LLC. TO PLACE A 130 BED NURSING HOME FACILITY ON 15.13
ACRES OF PROPERTY IN THE R-15 RESIDENTIAL ZONING DISTRICT AT 511 PINER ROAD AND
5635 WOOD RIDGE ROAD (S-578, 09/07)
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
Tom Johnson
Cindee Wolf
David Bianchi
James Swartwout
Don Evans
Jay Williams
Mike Kozlosky
Planning Director O?Keefe reported that access issues for businesses on Piner Road arose after the Planning
Board hearing and the Metropolitan Planning Organization produced a transportation proposal that would impact the
design and development of this project as originally recommended and approved. The Petitioner delayed final
hearing before the Commissioners in order to resolve those issues with the Metropolitan Planning Organization.
The site plan submitted for this hearing has been modified to reflect some of the recommendations offered by
Metropolitan Planning staff for a potential street collector plan. The Planning Board has reviewed the modified plan
and has indicated their support of the modified plan with public input.
Senior Planner Jane Daughtridge reported that Ward & Smith, PA for GLT Properties and Blacher
Properties, LLC are requesting to locate a 130 bed nursing home facility on 15.13 acres of property in the R-15
residential zoning district at 611 Piner Road and 5635 Wood Ridge Road and presented an overview of the modified
request and site plan.
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 Volunteer Fire District.
B. Public water and sewer are located in the vicinity.
C. A portion of the subject property along the northern property boundary is located in a 100-year
floodplain.
D. Primary access to the site is proposed to be from Junction Creek Drive (a private street in Junction
Creek Business Park) to South College Road, an identified urban major arterial. Secondary access
will be to Piner Road from Clayton Horn Dairy Road, an unpaved private right of way.
E. Interconnectivity to the adjacent residential subdivisions via Mallard Crossing Drive is shown in
response to a potential street collector plan. Connection to Wood Ridge Drive is not being shown
because of environmental sensitivity in that portion of the property.
F. Traffic generation as submitted by the applicant indicates trip generation under 100 peak hour trips
per day, therefore, no Traffic Impact Analysis was required by the county for this review.
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 hospital
or nursing and personal care facility in these districts under certain conditions outlined in Section
72-9 of the ordinance.
B. The proposed lot size is 15.13 acres, which exceeds the minimum requirement of 2 acres.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 230
C. The proposed site plan (as revised) shows the structure setbacks of at least 50 feet as required by
the ordinance. The south setback, which functions as a front setback, is influenced by an existing
40 foot drainage easement which traverses the property.
D. Off-street parking is shown at 108 spaces, which exceeds the requirements of Section 81-1 of the
ordinance.
E. Buffers to screen the non-residential use from residential uses must meet the minimum
requirements of Section 67-4(2) of the ordinance, which says the buffer must be 50% of the
required setback, or in this case, 25 feet. Other provisions of Section 67 also apply.
F. Storm water is proposed to be provided by under-pavement infiltration basins and must meet the
requirements of the County?s Storm Water Ordinance.
3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or
that the use is a public necessity.
A. Surrounding properties are residential or Office & Institutional in nature.
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 this location as Transition and
Conservation. The Transition Class is intended to provide for ?continued intensive urban
development on lands that have been or will be provided with necessary urban services. The
purpose of the Conservation class as providing for effective long-term management and protection
of significant, limited or irreplaceable natural resources while also protecting the rights of the
property owner. Management of these areas may be required for a number of reasons, including
natural, cultural, recreational, productive or scenic values, but are primarily flood prone areas.
Staff feels the findings are positive, provided site plan corrections are made to include the conditions. The
Special Use Permit will become null and void if construction or occupancy of the proposed use as specified is not
commenced within twenty-four months of the date of issuance. Limited six month extensions are possible under the
provisions outlined in the ordinance. Any Federal, State or other local rules as well as general provisions of the
Zoning Ordinance must be followed.
At the Planning Board?s meeting on September 6, 2007, they voted unanimously to recommend approval
with the following conditions:
1. Dumpsters will be serviced only between the hours of 8 a.m. and 5 p.m.
2. Primary access will be to College Road with only secondary access to Piner Road.
3. Mallard Crossing Drive and Wood Ridge Road will remain stub streets with no connectivity to
this project.
4. There must be two access points in place before building permits are issued.
Planning Director O?Keefe clarified that the Planning Board?s recommended condition number 3 is in
contradiction to the modified site plan. The modified plan includes primary access to the site from Junction Creek
Drive to South College Road and a secondary access to Piner Road from Clayton Horn Dairy Road with
interconnectivity to the adjacent residential subdivisions via Mallard Crossing. Several adjacent residents expressed
concerns relating to drainage issues and potential noise of dumpster service adjacent to the residential neighborhood.
Chairman Caster asked if the Petitioner would like to speak on the request.
Tom Johnson, attorney for the Petitioner, stated that they agree with the findings of facts and presented an
overview of the process used to redefine the site plan to address concerns by the Metropolitan Planning
Organization. The Petitioner supports either the original site plan or modified site plan.
Cindee Wolfe, Withers and Ravenel, presented an overview of the modified site plan stating that the
Petitioner will support either site plan. The modified site plan was in response to concerns by the Metropolitan
Planning Organization.
Chairman Caster asked if anyone would like to speak in opposition to the request.
David Bianchi, Wood Duck Circle resident, stated that he is supportive of the nursing home with the
conditions but is highly opposed to the Wood Duck Circle collector road.
James Swartwout, Wood Duck Circle resident, stated that the surrounding neighbors are not against the
nursing home but are opposed to the connection of Wood Duck Circle due to potential cut through traffic.
Don Evans, Highgrove Place resident, stated that he is not opposed to the original plan leaving Mallard
Crossing Drive and Wood Ridge Road as stub streets with no connectivity to the proposed project.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 231
Jay Williams, Planning Board committee member, reported that the Planning Board reviewed the modified
site plan and indicated their support of the modified plan to allow residents to voice their concerns with the issue of
proposed interconnectivity.
Hearing no further comments, Chairman Caster closed the Public Hearing.
After brief discussion clarifying that the original plan submitted addressed the concerns of the neighbors,
Chairman Caster requested direction from the Board.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Chairman Caster, to grant the special use permit to Ward
& Smith, PA for GLT Properties and Blacher Properties, LLC to locate a 130 bed nursing home facility on 15.13
acres of property in the R-15 residential zoning district at 611 Piner Road and 5635 Wood Ridge 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)
dumpsters will be serviced only between the hours of 8 a.m. and 5 p.m.; 2) primary access will be to College Road
with only secondary access to Piner Road; 3) Mallard Crossing Drive and Wood Ridge Road will remain stub streets
with no connectivity to this project; and 4) there must be two access points in place before the Certificate of
Occupancy is issued. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP
Book IV, Page 18.1.
PUBLIC HEARING AND APPROVAL OF REQUEST BY WATERTREE PROPERTIES NC, LLC, TO
REZONE APPROXIMATELY 129 ACRES OF PROPERTY LOCATED ALONG THE NORTHEAST
CAPE FEAR RIVER NEAR BRENTWOOD DRIVE IN THE CONSERVATION LAND CLASSIFICATION
FROM I-2 HEAVY INDUSTRIAL DISTRICT TO CONDITIONAL USE DISTRICT CD (R-15) FOR
RECREATIONAL AMENITIES (Z-871, 10/07)
Commissioner Davis reported that it has come to his attention that a family member owns a portion of this
property. Although he does not have any financial consideration in this property, he requested to be recused from
the Board?s vote.
Motion:
Chairman Caster MOVED, SECONDED by Commissioner Kopp, to recuse Commissioner Davis from the
Board?s consideration of the request by Watertree Properties NC, LLC to conditionally rezone approximately 129
acres of property located along the Northeast Cape Fear River near Brentwood Drive in the Conservation Land
Classification from I-2 Heavy Industrial District to Conditional Use District CD(R-15) for recreational amenities
associated with a residential subdivision due to a family member owning a portion of this property. Upon vote, the
MOTION CARRIED 4 TO 0.
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
Frank Braxton
Dean Satrape
Senior Planner Jane Daughtridge reported that Watertree Properties NC, LLC is requesting to conditionally
rezone approximately 129 acres of property located along the Northeast Cape Fear River near Brentwood Drive in
the Conservation Land Classification from I-2 Heavy Industrial District to Conditional Use District CD(R-15) for
recreational amenities associated with a residential subdivision and presented an overview of the request.
Planning Director Chris O?Keefe reported that the subject property is located in the northern portion of the
county along the Cape Fear River in an area classified as Conservation on the 2006 CAMA Land Classification map.
The property is accessed from Brentwood Drive, off Castle Hayne Road. Castle Hayne Road is a principal arterial
road according to the Wilmington Urban Area 2030 Long Range Transportation Plan. Level of service has been
rated F along this segment, meaning dense traffic exceeds the design capacity of the roadway.
The subject property is currently vacant swampland with one high ground ?island? between the river and a
newly rezoned R-15 area off Brentwood Drive. Surrounding property is otherwise zoned I-2 Industrial. The
property is all within the 100 year flood zone except the high ground ?island? is shown as a 1% risk area. Public
water and sewer are not present in the vicinity.
This rezoning petition proposes a change from heavy industrial zoning to Conditional Use District CD(R-
15) Residential designation. The site plan proposes an array of water oriented recreational amenities associated with
a proposed subdivision in the newly rezoned R-15 high ground off Brentwood Road. The proposed amenities
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 232
include an eighty-five slip community boating facility, pedestrian boardwalk, canoe launch areas, nature overlooks
and restroom and picnic facilities on the high ground ?island.?
Rezoning to a Conditional Use District R-15 zoning will limit use of the property to only those shown on
the companion special use permit. Since the character of those uses is water dependent recreation, it would appear to
be consistent with the Land Use Plan and the goals of the County?s floodplain management ordinance.
Planning Director O?Keefe presented the following findings of facts:
1. The Board must find that the use will not materially endanger the public health or safety where proposed
and developed according to the plan as submitted and approved.
A. Public water will serve the property.
B. The proposed restroom area must secure approval from the County?s Division of Environmental
Health to permit a septic tank.
C. Access to the proposed recreational amenities will be from a proposed eighty-five lot subdivision.
D. The number of boat slips may not exceed the number of lots within the subdivision served by the
community boating facility.
E. Pedestrian or vessel access is the only access to the facility. Vehicular traffic will not effect this
proposal.
F. Fire Service is available from the Wrightsboro Volunteer Fire Department.
G. The property is located in a flood hazard area but the proposed uses are limited to water recreation
types of facilities.
H. Storm water control is subject to the requirements 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 I-2 Industrial District. This request is made concurrent with conditional
rezoning to CD (R-15) Conditional District for residential use.
B. A community boating facility is allowed with a special use permit in an R-15 zoning district.
C. Petitioner proposes eighty-five boat slips to serve as a recreational amenity for an 85 lot
subdivision.
D. Traffic circulation is not applicable since this site is accessed only as a pedestrian or watercraft
location.
E. A traffic impact analysis is not required.
F. Parking will be provided on individual lots associated with the boat slips.
G. CAMA permits will be required.
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.
4. The Board must find that the location and character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it is to be located and in general
conformity with the plan of development for New Hanover County.
A. The 2006 Update of the Joint CAMA Plan describes the purpose of the Conservation class as
providing for effective long-term management and protection of significant, limited or
irreplaceable natural resources while also protecting the rights of the property owner. Management
of these areas may be required for a number of reasons, including natural, cultural, recreational,
productive or scenic values, but are primarily flood prone areas.
B. Water dependent amenities for residential subdivisions are in conformity with the policies of the
CAMA Land Use Plan.
At the Planning Board meeting on October 4, 2007, the Board voted 5-0 to recommend approval of the
conditional rezoning and companion special use permit, to include the following conditions:
1. No acreage from the proposed recreational areas may be used toward allowable residential density on
this or any associated property.
2. No dwelling unit shall be permitted within the area of this rezoning.
3. Approval of the restroom facility on the high ground ?island? is subject to approval of State and local
permits for a septic system.
No one from the public spoke at the hearing. Staff recommends approval with the recommended
conditions.
In response to Board questions, Planning Director O?Keefe confirmed that CAMA oversight and permits
will be required.
In response to Board questions, Planning Director O?Keefe confirmed that staff is not opposed to options
other than a septic tank to service the proposed restroom area on the high ground island.
Chairman Caster asked if the Petitioner would like to speak on the request.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 233
Tom Johnson, attorney for the Petitioner, stated that they are in agreement with the findings of facts and
clarified that the restroom facility will be for limited use only.
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 Vice-Chairman Greer, to approve the request by
Watertree Properties NC, LLC, to rezone approximately 129 acres of property located along the Northeast Cape
Fear from I-2 Heavy Industrial District to Conditional Use District CD(R-15) finding that the request is: 1)
consistent with the purposes and intent of the Conservation land classifications and the associated land use policies
adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to allow private recreational uses as
outlined in a companion special use permit. Upon vote, the MOTION CARRIED 4 TO 0.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to grant the conditional use to
Watertree Properties NC, LLC, to locate a recreational amenities associated with a residential subdivision along the
Northeast Cape Fear River near Brentwood Drive 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) no acreage from the proposed recreational
areas may be used toward allowable residential density on this or any associated property; 2) no dwelling unit shall
be permitted within the area of this rezoning; and 3) approval of the restroom facility on the high ground ?island? is
subject to approval of local and state permits for a septic system. 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 52.
A copy of the Conditional Use Permit is hereby incorporated as part of the minutes and is contained in SUP
Book IV, Page 18.2.
BREAK
Chairman Caster called for a break from 7:36 p.m. until 7:53 p.m.
PUBLIC HEARING AND APPROVAL OF REQUEST BY WESSELL AND RANEY, LLP, TO EXPAND
THE WINDCHASE SUBDIVISION COMMUNITY BOATING FACILITY BY FOUR BOAT SLIPS IN AN
R-15 RESIDENTIAL ZONING DISTRICT ON MASONBORO SOUND (S-354, 10/07)
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
Bill Raney
John Stanley
Hoke Pollock
Laura Stasavich
Senior Planner Jane Daughtridge reported that Wessell and Raney, LLP, is requesting to expand the
Windchase Subdivision community boating facility by four boat slips, to a total of eighteen boat slips, in an R-15
Residential Zoning District on Masonboro Sound and presented an overview of the request.
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 accessed via Windchase Lane to Cabbage Inlet Lane to Masonboro Sound
Road, which is identified as an urban collector road on the 2030 Long Range Transportation Plan
with Level of Service B.
B. The landward portion of the project is within the City of Wilmington municipal boundary.
C. Public Water and Sewer serve the area.
D. Fire service will be provided by the City of Wilmington
E. Storm water will be regulated by the City of Wilmington.
2. The Board must find that the modified use meets all required conditions and specifications of the Zoning
Ordinance.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 234
A. The site is located within the City?s planning jurisdiction on the landward portion but the
waterbodies remain in the County?s jurisdiction, so county rules apply to the boating facility.
B. The existing facility had 14 slips for 14 lots. Four additional lots have been incorporated into the
subdivision. This request would add 4 additional slips to serve those new lots.
C. Community Boating Facilities are allowed by Special Use Permit in the R-15 Residential Zoning
District.
D. Off-street parking will be accommodated at home sites in the subdivision.
E. A 10-foot pedestrian easement will be provided and conferred to each owner for access to the
community boating facility.
F. Applicant states that individual dock rights of waterfront lot owners will be prohibited by
restrictive covenants of the homeowners? association.
G. No commercial activities are proposed or allowed for the facility.
H. A CAMA permit will be required from the Division of Coastal Management.
I. A variance was granted to this project by the Environmental Management Commission to allow
expansion of a marina in High Quality Waters in order to avoid additional piers on individual lots.
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. No evidence has been presented at this time that the proposed use will injure the value of
adjoining or abutting property values.
B. Other private docks and community boating facilities are located along Whiskey Creek and
Masonboro Sound.
4. The Board must find that the location and character of the modified 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 this location Conservation.
B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust waters.
C. The waters of Whiskey Creek are classified as SA (Shellfishing); HQW (High Quality Waters)
303(d) impaired water quality. This facility is located outside the watershed in the waters of
Masonboro Sound Intracoastal Waterway.
D. Surrounding land uses include single-family housing, some with docks and piers.
The existing facility was approved by the County prior to annexation and has operated in compliance with
the permit since 1993. Since the area is now in the City?s jurisdiction, staff recommends including the following
conditions taken from the City of Wilmington?s ordinance:
?
Community boating facilities shall be designed and maintained without dredging in any Shellfishing
Waters, Outstanding Resource Waters or Primary Nursery Areas.
?
Use of facilities will only be allowed by residents of the subdivision in which the community boating
facility is constructed and such use may not be transferred to a non-resident or commercially let to a non-
resident of the subdivision.
?
Waterfront properties included within the subdivision are prohibited from constructing private docks.
?
Community boating facilities are required to adhere to the following restrictions and best management
practices:
?
Facility uses are limited to mooring, landing, and storage of boats.
?
The number of boats maintained on the site may not exceed the number of mooring slips
permitted.
?
No boat maintenance and no boats with heads are permitted at any community boating facility.
?
Exterior storage on the site is prohibited.
?
No underwater hull cleaning is permitted.
?
Manage boating activities to decrease turbidity and physical destruction of shallow water habitat
by restricting boater traffic in shallow water areas.
?
No impervious surfaces will be allowed in association with a community boating facility.
The Planning Board, at its October 4, 2007 meeting, voted 5-0 to recommend approval of the proposal with
corrections in the findings and staff recommended conditions. No one from the public spoke on this item.
Chairman Caster asked if the Petitioner would like to speak on the request.
Bill Raney, Attorney for the Petitioner, stated that they agree with the findings of facts and presented staff
affidavits into the record. He stated that he was available to answer Board questions.
In response to Board questions, Mr. Raney stated that he would like to see the condition of no boats with
heads be removed from the list of conditions.
Planning Director O?Keefe clarified that staff supports the removal of the condition of no boats with heads
be allowed.
Chairman Caster asked if anyone would like to speak in opposition to the request.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 235
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
Wessell and Raney, LLP, to expand the Windchase Subdivision boating facility to eighteen boat slips in an R-15
Residential Zoning District on Masonboro Sound 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) community boating facilities shall be
designed and maintained without dredging in any Shellfishing Waters, Outstanding Resource Waters or Primary
Nursery Areas; 2) use of facilities will only be allowed by residents of the subdivision in which the community
boating facility is constructed and such use may not be transferred to a non-resident or commercially let to a non-
resident of the subdivision; 3) waterfront properties included within the subdivision are prohibited from constructing
private docks; 4) community boating facilities are required to adhere to the following restrictions and best
management practices:
?
Facility uses are limited to mooring, landing, and storage of boats.
?
The number of boats maintained on the site may not exceed the number of mooring slips
permitted.
?
No boat maintenance is permitted at any community boating facility.
?
Exterior storage on the site is prohibited.
?
No underwater hull cleaning is permitted.
?
Manage boating activities to decrease turbidity and physical destruction of shallow water habitat
by restricting boater traffic in shallow water areas.
?
No impervious surfaces will be allowed in association with a community boating facility.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP
Book IV, Page 18.3.
PUBLIC HEARING AND APPROVAL OF REQUEST TO AMEND ARTICLE 41-1 OF THE
SUBDIVISION REGULATIONS IN THE ZONING TEXT (A-367, 10/07)
Chairman Caster opened the Public Hearing and requested staff to make the staff presentation.
Principal Development Planner Sam Burgess reported that the County?s Technical Review Committee is
requesting to amend Section 41-1(7)(f) of the Subdivision Regulations to clarify the language on street connectivity
as follows:
Interconnected
The City of Wilmington and New Hanover County hereby determine and recognize that an
street systems .
is necessary in order to protect the public health, safety and welfare in order to ensure that
promote orderly and safe development by ensuring that streets function in
streets will function in an
an independent
interdependent manner, to provide adequate access for emergency and service vehicles
access by ensuring continuous and connected transportation
and enhance non vehicular travel such as
pedestrians and bicycles and to provide continuous and comprehensible traffic routes. {For reference, see
Institute for Transportation Engineers, ITE Transportation Planning Council Committee 5P-8, Traditional
Neighborhood Development Street Design Guidelines (June 1997)}
All proposed streets shall be continuous and connect to existing or platted streets without offset with the
exception of cul-de-sacs as permitted and except as provided below.
The street network for any subdivision shall achieve a connectivity ratio of not less than 1.40. The phrase
shall be defined as ,
"connectivity ratio" means the number of street links divided by the number of nodes
including cul de sac heads or other vehicle turnarounds.
or link ends, including cul-de-sac heads. A
"link" means and refers to that portion of a street defined by a node at each end or at one end. A "node"
refers to the terminus of a street or the intersection of two (2) or more streets except that intersections that
use a roundabout shall not be counted as a nodeFor the purposes of this section, an intersection shall be
defined as: any curve or bend of a street that fails to meet minimum curve radius in accordance with
NCDOT Specifications or any location where street names change (as reviewed and approved by the
Any curve or bend of a street that has a minimum centerline
Technical Review Committee (TRC)).
radius of 100 feet or more shall not be considered a node. Roundabouts also shall not be counted as
nodes. A divided entrance is one node.
Approved stubs to adjacent property shall be considered links. However, alleys shall not be considered
A link shall be any portion of a street, other than an alley, defined by a node at either end.
links.
Street projections to adjacent properties shall be considered links. For the purpose of determining
the number of links in a development, boulevards, median-divided roadways, and divided entrances
shall be treated the same as conventional two-way roadways.
For purposes of this subsection, the Street
along aarterial
links and nodes within the collector or thoroughfare streets providing access to a proposed
subdivision shall not be considered in computing the connectivity ratio.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 236
Residential streets shall be designed so as to minimize the block length of local streets, to provide safe
access to residences with minimal need for steep driveways and to maintain connectivity between and
through residential neighborhoods for autos and pedestrians.
Where necessary to provide access or to permit the reasonable future subdivision of adjacent land, rights-
of-way and improvements shall be extended to the boundary of the development. A temporary turnaround
may be required where the dead end exceeds 500 feet in length. The platting of partial width rights-of-way
shall be prohibited except where the remainder of the necessary right-of-way has already been platted,
dedicated or established by other means.
New subdivisions may be exempt from the connectivity ratio standard as set forth in this section, provided
the appropriate reviewing agency determine there is no option for providing stub streets or connectivity due
to existing documented environmental features such as wetlands or natural water bodies or existing
adjacent developed property.
For purposes of this subsection, the street links and nodes within collector or throughfare streets providing
access to a proposed subdivision shall not be considered in computing the connectivity ratio.
At the Planning Board?s October 4, 2007 meeting, they voted 5-0 to recommend approval of the amended
language with no one from the public speaking on the item. Staff also recommends approval and that the Links &
Nodes illustration displayed in the County?s Subdivision ordinance remain.
Hearing no comments, Chairman Caster closed the Public Hearing and requested direction from the Board.
Motion:
Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to amend Section 41-1(7)(f) of
the Subdivision Regulations to clarify the language on street connectivity finding that the ordinance amendment is:
1) consistent with the purposes and intent of land use policies adopted in the 2006 Land Use Plan; and 2) reasonable
and in the public interest to establish clarifications in the subdivision ordinance as it relates to street connectivity
standards in the unincorporated county. 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 33.4.
PUBLIC HEARING AND APPROVAL OF REQUEST TO AMEND ARTICLE VI CREATING SECTION
69.18: TRAFFIC IMPACT REVIEW PROCESS (A-352, 04/07)
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 Article VI of the Zoning
Ordinance to create Section 69.18: Traffic Impact Review Process to establish a method for regulating significant
traffic impacts on nonresidential projects on the same basis as for residential subdivisions and special uses in the
county. At the Board of Commissioners? September 27, 2007 Agenda Review meeting, Planning Director O?Keefe
reported that staff and the Planning Board were not in agreement with Section 69.18. After discussion, the
consensus of the Board was to pull the item to allow staff and the Planning Board time to come to agreement on the
text amendment.
At its October 4, 2007 meeting, the Planning Board discussed staff?s added recommendations and
concurred with the amended section Article VI, Creating Section 69.18 as listed below:
Section 69.18 Traffic Impact Analysis ? Before a nonresidential project is submitted for site plan review,
the applicant shall prepare a Traffic Impact Worksheet which will be submitted to the Planning Department
for verification.
(
1) Where the worksheet indicates traffic generation of 100 peak hour based upon the most current edition
of the Institute of Transportation Engineers (ITE) Trip Generation Manual, then the applicant will be
required to perform a Traffic Impact Analysis.
(2) The applicant and/or his traffic engineer shall request a scoping meeting with the Planning Director or
his designee, the MPO Coordinator and an NCDOT Traffic Engineer to determine the scope of the Traffic
Impact Analysis study. Electronic communication among parties may be utilized to facilitate the scoping
process when necessary.
(3) All Traffic Impact Analysis studies shall be prepared by a licensed engineering firm that has relevant
experience to perform the requirements defined in the scoping process, and shall be signed and sealed by a
qualified professional engineer. To the extent applicable, general guidance and standards for traffic impact
analysis is outlined in a publication entitled ?Traffic Impact Study Standards? originally approved by the
County Commissioners on May 20, 2002.
(4) The completed study will be submitted to the Planning Director or his designee for review and
approval.
(5) In considering the results of the traffic impact analysis, the Planning Director, after collaboration with
the MPO Coordinator and NCDOT, may accept the recommendations of the TIA or may require additional
improvements based on identifiable cumulative impacts or special public safety situations. The
collaboration shall follow procedures already established by the MPO for communication with all parties.
(6) The applicant will be notified with comments within 30 days of receipt of the final TIA.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 237
(7) Once the mitigation measures are agreed upon by the MPO, NCDOT and County, the Wilmington MPO
will prepare a memorandum approving the Transportation Impact Analysis and identifying the
transportation improvements necessary to accommodate the proposed development. Mitigation measures
required as part of the TIA acceptance shall be included in the final site plan submitted for review.
(8) Appeals ? Within 10 working days of a decision on required mitigation measures, an applicant may
appeal the decision through the Board of Adjustment in the form of a letter stating the reasons for appeal
and including documentation in support of the appeal. In hearing disputes, the Board of Adjustment may
request an independent study by an outside source, chosen by the County and paid for by the applicant, to
resolve questions of traffic impact and appropriate mitigation thereof.
In response to Board questions, Planning Director O?Keefe clarified that the Traffic Impact Review Process
will establish a method for regulating significant traffic impacts on nonresidential projects on the same basis as for
residential subdivisions and special uses in the county.
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 Kopp MOVED, SECONDED by Commissioner Pritchett, to approve amending Article VI,
Creating Section 69.18: Traffic Impact Review Process finding that the request is 1) consistent with the purposes
and intent of land use policies adopted in the 2006 Land Use Plan; and 2) reasonable and in the public interest to
establish a method for regulating significant traffic impacts on nonresidential projects on the same basis as for
residential subdivisions and special uses in the county. 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 33.5.
PUBLIC HEARING AND APPROVAL OF REQUEST BY SHANKLIN AND NICHOLS, PA, ON BEHALF
OF MASON LANDING YACHT CLUB, LLC, TO ADD 4.7 ACRES OF PROPERTY LOCATED AT OR
NEAR 1920 DEEP CREEK RUN ROAD FROM R-20S RESIDENTIAL DISTRICT TO THE EXISTING
CD(R-15) CONDITIONAL RESIDENTIAL DISTRICT(Z-838, 04/06)
Chairman Caster opened the Public Hearing and announced that the Conditional Use Permit process
requires a quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify.
The following persons were sworn in:
Chris O?Keefe
Jane Daughtridge
Ken Shanklin
Cindee Wolf
Richard Donaldson
Gordon Brotherton
Senior Planner Jane Daughtridge reported that Shanklin and Nichols, PA, on behalf of Mason Landing
Yacht Club, LLC, has submitted a modified request to add 4.7 acres of property located at or near 1920 Deep Creek
Run Road from R-20S Residential District to the existing CD(R-20) District and presented an overview of the
request.
The property is located on Deep Creek Run Road (formerly Turner Nursery Road) approximately ¼ mile
east from Middle Sound Loop Road. The current land use on the site is vacant land. Last year 11.46 acres were
conditionally rezoned from R-20 to CD(R-15) for twenty-five residential units and the commercial marina with up
to sixty wet slips. All of the surrounding properties are zoned R-20S. Properties west of Middle Sound Loop Road
in this general vicinity are zoned R-15 residential.
Planning Director O?Keefe reported this item was continued from the May, June and July Commissioners
agenda. The Petitioner was given a final continuance until November to obtain control over all the property. The
Petitioner has now submitted a modified version of the proposal with the unsecured property removed from the
proposal and a change in the overall requested zoning. The Petitioner proposes adding 4.7 acres as a conditional
CD(R-20) district to an existing CD(R-15) district. The change allows a performance residential development rather
than a conventional subdivision as required by the R-20S zoning. The existing conditional rezoning maintained the
commercial marina with sixty wet slips and proposed twenty-five housing units. The proposed rezoning adds nine
residential units to the existing twenty-five units for a total of thirty-four units. This zoning change is consistent
with the county?s policies for growth and development provided the overall project density is limited to 1.9 units per
acre and the overall impervious coverage is limited to 25%.
Planning Director O?Keefe presented the following findings of facts:
1. The Board must find that the use as modified will not materially endanger the public health or safety where
proposed and developed according to the plan as submitted and approved.
A. The added property would be served by the Northside treatment plant and is within the Northeast
Interceptor moratorium area so currently it does not have county sewer. Private sewer and private
water will be provided by the developer.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 238
B. The property to be added is not in the 100-year floodplain.
C. Access to the property is from Mason Landing Road via Middle Sound Loop Road. A new road
called Nautica Yacht Club Drive will provide additional access to Mason Landing Road.
D. Fire service is available from the Ogden Fire Department.
2. The Board must find that the use as modified meets all required conditions and specifications of the Zoning
Ordinance.
A. The modified site plan shows a total of thirty-four residential units, the maximum number allowed
if the entire site were R-20S could be thirty-five units.
B. The proposal increases the project area by 4.7 acres or 40%.
C. The amount of recreational space (common area) exceeds the requirements of the ordinance.
D. The amount of impervious surface is shown at the maximum of 25%.
E. The parking requirement is satisfied.
F. No buffering is required, but additional buffering along the boundary with Register Place
Subdivision is a recommendation from the Planning Board.
3. The Board must find that the use as modified will not substantially injure the value of adjoining or abutting
property or that the use is a public necessity.
A. No evidence has been submitted at the time of these preliminary findings that this project will
decrease property values of commercial uses nearby.
B. The land use on this new addition has been primarily vacant land within a Residential R-20S
zoning district.
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 2005 CAMA update identifies this area as Conservation and Watershed Resource Protection.
B. Residential development at the proposed R-20 density occurs mainly in the surrounding area. The
existing R-20S is established to foster an ?exurban, low density lifestyle? where public services
are not available.
At its April 5, 2007 meeting, the Planning Board recommended approval of the request by a vote of 7-0.
One adjacent property owner expressed concern for the need for fire hydrants and requested additional trees be
placed to buffer the boundary with Register Lane. The Planning Board recommendation includes one additional
condition that the vegetative buffer between Register Lane and the proposed Nautica Yacht Club Drive be increased
to at least a two-row opaque buffer.
Staff supports the Planning Board recommendation for additional buffering to separate the development
from Register Place and allowing the boat ramp to be reestablished under S-556 for emergency use during storm
events. Use at other times would be prohibited.
In response to Board questions, Planning Director O?Keefe reported that some sewer capacity has been
approved at the South Side Treatment Plant.
Chairman Caster asked if the Petitioner would like to speak on the request.
Ken Shanklin, attorney for the Petitioner, presented an overview of the modified request. Mr. Shanklin
reported that after conducting several meetings with neighbors the following agreement has been reached outlining
the following operating rules for the marina:
?
General hours of marina operation shall be 6:30 a.m. to 9:30 p.m. Sunday through Thursday and 6:30 a.m.
to 10:30 p.m. Friday and Saturday. Boats shall only occasionally be permitted to depart from and arrive at
the marina outside of these general hours of operation.
?
The jetty shall only be used for vehicular parking when residents and their guests are accessing or using the
boat slips and not for club activities or special events. No boat trailers or storage shall be allowed on the
jetty except during emergencies as stated below.
?
Owners, their guests and the public may use the boat ramp to evacuate boats from area waters during
emergency situations. Federal, State and local authorities may use the boat ramp to launch and evacuate
boats during emergency situations. Any such evacuated boats and/or trailers may not be parked or stored
on the jetty.
?
Persons shall not be permitted to live aboard boats at the marina for a period greater than seven consecutive
days.
?
The use of the marina facilities shall be restricted to owners, their guests and invitees.
?
No outside amplified paging or music system shall be utilized at the clubhouse or marina complex except
that live bands/music may be permitted at special events.
?
The jetty shall be enclosed with a timber railing system on the north and south sides.
?
Indirect security lighting shall be permitted, but no pole lighting shall be allowed.
Chairman Caster asked if anyone would like to speak in favor of or in opposition to the request.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 239
Richard Donaldson, resident of Atlantic Drive, stated that they are in agreement with the conditions
presented by Mr. Shanklin and are in favor of the request.
Gordon Brotherton, resident of Register Lane, voiced his concern on drainage issue and sound concerns.
Cindee Wolfe, Withers and Ravenel, addressed the drainage concerns voiced by Mr. Brotherton.
Hearing no further comments, Chairman Caster closed the Public Hearing and asked for direction from the
Board.
Planning Director O?Keefe reported that staff had concerns with the hours of operation, allowing persons to
live on board, and noise restrictions.
Mr. Shanklin addressed staff concerns stating that the marina will be for the use of the homeowners. The
guidelines will be placed in the Homeowners Association rules and regulations. He stated that the Petitioner is
willing that the time limit of 10:30 p.m. be imposed on live bands/music at special events.
Vice-Chairman Greer stated that he believes the neighbors will police the guidelines.
County Attorney Wanda Copley stated her concern that the burden of policing the guidelines will be placed
on New Hanover County; either the Sheriff?s Department or Zoning Department. The County will not easily be able
to enforce the guidelines.
Commissioner Kopp stated that he would like a condition included that prohibits the issuance of the
Certificate of Occupancy for the seventeen lots until the moratorium is lifted.
In response to Board questions, Mr. Shanklin agreed to the condition that a Certificate of Occupancy will
not be issued on any of the seventeen lots prior to connection to a public sewer system.
In response to Board questions, Attorney Copley stated that the guidelines will have to be self-policing and
that the Board cannot regulate every use of the marina.
Motion:
Commissioner Kopp MOVED, SECONDED by Chairman Caster, to grant the request by Shanklin and
Nichols, PA, on behalf of Mason Landing Yacht Club, LLC, to rezone 4.7 acres of property from R-20S to CD(R-
20) Residential District located at or near 2029 Turner Nursery Road finding that the request is: 1) consistent with
the purposes and intent of the Conservation land classifications and the associated land use policies adopted in the
2006 Land Use Plan; and 2) reasonable and in the public interest to an expansion of a performance residential
subdivision as outlined in the companion special use permit. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Motion:
Commissioner Kopp MOVED, SECONDED by Chairman Caster, to grant the conditional use to locate a
performance residential development with a commercial marina finding 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) additional buffering, at least a two-row opaque buffer, be added to separate the development from
Register Place; 2) the boat ramp be allowed to remain for use during storm events only; 3) a Certificate of
Occupancy will not be issued on any of the seventeen lots prior to connection to a public sewer system; and 4)
guidelines submitted by the Petitioner as follows:
?
General hours of marina operation shall be 6:30 a.m. to 9:30 p.m. Sunday through Thursday and 6:30 a.m.
through 10:30 p.m. Friday and Saturday. Boats shall only occasionally be permitted to depart from and
arrive at the marina outside of these general hours of operation.
?
The jetty shall only be used for vehicular parking when residents and their guests are accessing or using the
boat slips and not for club activities or special events. No boat trailers or storage shall be allowed on the
jetty except during emergencies as stated below.
?
Owners, their guests and the public may use the boat ramp to evacuate boats from area waters during
emergency situations. Federal, State and local authorities may use the boat ramp to launch and evacuate
boats during emergency situations. Any such evacuated boats and/or trailers may not be parked or stored
on the jetty.
?
Persons shall not be permitted to live aboard boats at the marina for a period greater than seven consecutive
days.
?
The use of the Marina facilities shall be restricted to owners, their guests and invitees.
?
No outside amplified paging or music system shall be utilized at the clubhouse or Marina complex except
that live bands/music may be permitted at special events until 9:30 p.m. Sunday through Thursday and
10:30 p.m. Friday and Saturday.
?
The jetty shall be enclosed with a timber railing system on the north and south sides.
?
Indirect security lighting shall be permitted, but no pole lighting shall be allowed
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 240
Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Pritchett voted in opposition.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF AREA 3 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED DECEMBER 7, 1981, is
hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 3, Page 11.
A copy of the Conditional Use Permit is hereby incorporated as part of the minutes and is contained in SUP
Book IV, Page 18.4.
PUBLIC HEARING AND ACCEPTANCE OF 2007 SCATTERED SITE HOUSING PROGRAM GRANT
FUNDS
Chairman Caster opened the Public Hearing and requested Community Development Planner Wanda
Coston to make the Staff presentation.
Community Development Planner Coston reported that the 2007 Scattered Site Housing Program is the
third grant in this category to be awarded to the County. Projects must include activities in which a majority of the
funds are directed toward improving, preserving, or developing residential areas; address the national objective of
benefiting low and moderate income persons; and/or aid in the prevention or elimination of slums and blight. New
Hanover County is one of thirty-three counties in the State to receive $400,000 in non-competitive funds, to be used
to implement a housing program to benefit very low-income owner-occupied households.
Staff is requesting the Board to adopt the resolution approving the New Hanover County Citizen
Participation Plan and adopt budget ordinance amendment 2008-49 in the amount of $400,000, and authorize staff
and the Chairman to execute the appropriate documents.
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 adopt the resolution
approving the New Hanover County Citizen Participation Plan. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Motion:
Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to adopt budget ordinance
amendment 2008-49 in the amount of $400,000 and authorize staff and the Chairman to execute the appropriate
documents. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution and budget ordinance amendment are hereby incorporated as part of the minutes
and are contained in Exhibit Book XXX, Page 33.6.
ADOPTION OF RESOLUTION SUPPORTING FUNDING FOR IMPROVEMENTS TO THE
INTERSECTIONS OF NORTH COLLEGE ROAD AND BAVARIAN ROAD, BAVARIAN ROAD AND
FARLEY ROAD, AND BAVARIAN ROAD AND NORTH KERR AVENUE
Planning Director Chris O?Keefe reported that North Carolina Department of Transportation Board
Member Lanny Wilson and Senator Julia Boseman are pursuing funds in the amount of $250,000 each to make
improvements to North College Road and Bavarian Road, Bavarian Road and Farley Drive, and Bavarian Road and
North Kerr Avenue.
These intersections have become increasingly dangerous and congested. New Hanover County?s District
Engineer's office has requested that the Commissioners adopt a resolution supporting Senator Boseman and Mr.
Wilson?s initiative for funding for these improvements.
Chairman Caster read the resolution into the record and requested a motion for approval.
Motion:
Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution
supporting the funding for improvements to North College Road and Bavarian Road, Bavarian Road and Farley
Drive, and Bavarian Road and North Kerr Avenue. 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 33.7.
ADOPTION OF RESOLUTION SUPPORTING THE MARKET STREET CORRIDOR OVERLAY
DISTRICT STUDY
Planning Director Chris O?Keefe reported that the Market Street Corridor is currently a five-lane cross-
section between Colonial Drive and Porters Neck Road. This corridor is designated by the North Carolina
Department of Transportation as US 17 Business and is a main arterial route that carries traffic within the City of
Wilmington and New Hanover County. Along this corridor there is a mix of retail and residential land uses with a
majority of the retail fronting on Market Street and the residential units accessing Market Street via public side
streets. There is a documented left-turn crash history along the corridor and the North Carolina Department of
Transportation has funded a Transportation Improvement Program project (U-4902B) that will implement access
management strategies between Colonial Drive and Porters Neck Road.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 241
The Department of Transportation wishes to complete a corridor overlay study for Market Street Corridor
that will develop and implement strategies that integrate transportation and land use planning policies and principles.
This overlay study would promote inter-connectivity, encourage development patterns that are consistent with good
planning principles and allow for the development of an aesthetically pleasing community through the creation of an
overlay zoning district. The overlay zoning district would also promote multi-modal transportation and supply City
and County staff with the ordinances necessary to provide for the safe and efficient movement of people and goods
throughout the region.
Staff is requesting the Board adopt the resolution authorizing staff to partner with the North Carolina
Department of Transportation, the City of Wilmington and the Wilmington Metropolitan Planning Organization to
prepare an overlay zoning district that will promote development patterns that provide for the safe and efficient
movement of traffic while improving the aesthetics of the community along the Market Street Corridor.
Vice-Chairman Greer presented a revision to the resolution authorizing staff to partner with North Carolina
Department of Transportation, the City of Wilmington and the Wilmington Metropolitan Planning Organization to
prepare a possible overlay zoning district study that could promote development patterns that provide for the safe
and efficient movement of traffic while improving the aesthetics of the community along the Market Street Corridor.
In response to Board questions, City of Wilmington Senior Transportation Planner Mike Kozlosky stated
that the intent of the overlay zoning district study is to look at possible interconnectivity and to evaluate and possibly
build on current ordinances to promote more pleasing aesthetics moving forward.
Chairman Caster requested a motion for approval.
Motion:
Commissioner Kopp MOVED, SECONDED by Chairman Caster, to adopt the revised resolution
authorizing staff to partner with North Carolina Department of Transportation, the City of Wilmington and the
Wilmington Metropolitan Planning Organization to prepare a possible overlay zoning district study that could
promote development patterns that provide for the safe and efficient movement of traffic while improving the
aesthetics of the community along the Market Street Corridor.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXX, Page 33.8.
CONSIDERATION OF RECOMMENDATION TO THE COASTAL RESOURCES COMMISSION
Chairman Caster reported that Governor Easley has written a letter soliciting nominations for the Coastal
Resources Commission Marine Ecology representative. Dr. Courtney Hackney of UNCW will be resigning from
the Commission at the end of the year.
Chairman Caster stated that he has not been able to contact his nominee and requested the Board allow him
the opportunity to speak with this person. Commissioner Pritchett stated that she has two potential nominees that
she would like to contact.
After brief discussion concerning the November 15, 2007 deadline, the consensus of the Board is to contact
potential nominees and contact each Board member individually for agreement on one nominee.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session at 9:42 p.m. to hold a meeting of the New Hanover
County Water and Sewer District.
Chairman Caster reconvened to Regular Session at 10:11 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.
Jonathan Deputy, Silva Terra Homeowners Association, voiced concern about the development of the
River Road project and the placement of the road without North Carolina Department of Transportation approval.
He requested the Board authorize staff to provide oversight of this project.
Vice-Chairman Greer and Commissioner Kopp requested Planning Director Chris O?Keefe address Mr.
Deputy?s concerns.
ADDITIONAL ITEMS
ADOPTION OF RESOLUTION APPROVING NEW HANOVER COUNTY BOARD OF EDUCATION?S
PURCHASE OF PROPERTY FOR THE CONSTRUCTION OF A NEW ELEMENTARY AND MIDDLE
SCHOOL OFF HOLLY SHELTER ROAD
Deputy County Attorney Kemp Burpeau reported that the New Hanover County Board of Education is
requesting the Board approve the price for the acquisition of three parcels of land and the associated road and utility
easements. The tracts of property are as follows:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 242
?
JL Land tract ? approximately 59 acres ? purchase price of $2,418,432
?
Hyman tract ? approximately 0.47 acre of property adjacent to the JL Land tract ? purchase price
of $30,000
?
Shoulder Branch Baptist Church tract ? approximately 0.25 acre tract also adjacent to the JL Land
tract ? conveyance of 0.42 acre of property
The properties are necessary to construct a new elementary and middle school, in the northern portion of
the county, off Holly Shelter Road.
In response to Board questions, New Hanover County School Assistant Superintendent for Planning,
Technology and Operations Bill Hance stated the Board of Education will formally approve the purchase at their
November 13, 2007 meeting but have authorized staff to negotiate the purchase at the proposed price. The purchase
of the Hyman and Shoulder Branch Baptist Church tracts allow for the playground to be moved to the side of the
school building in closer proximity to the building.
Chairman Caster requested direction from the Board.
Motion:
Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to adopt the resolution approving
the New Hanover County Board of Education to proceed with the acquisition of three parcels of land and the
associated road and utility easements for the construction of a new elementary and middle school off Holly Shelter
Road. 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 33.9.
ADOPTION OF RESOLUTION SUPPORTING THE INSTALLATION OF A ROUNDABOUT AT THE
INTERSECTION OF PORTERS NECK ROAD AND EDGEWATER CLUB ROAD
Vice-Chairman Greer reported that Lanny Wilson, North Carolina Department of Transportation
Representative for New Hanover County, has requested the Board consider adopting a resolution in support of the
installation of a roundabout at the intersection of Porters Neck Road and Edgewater Club Road. Funds have been
obtained for this project and a resolution from the Board will help to move the project forward.
Commissioner Pritchett stated that she was opposed to the proposed roundabout due to the more pressing
need of a roundabout on Middle Sound Loop Road in front of Ogden Elementary School.
Commissioner Kopp reported that there was an agreement between the North Carolina Department of
Transportation and the New Hanover County Board of Education to provide the property for a roundabout to be
built but the Board of Education reneged and funding is not currently available to build the project. He stated that a
roundabout in front of Ogden Elementary School is needed and urged the Board to speak with Mr. Wilson.
Chairman Caster requested direction from the Board.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Kopp, to adopt the resolution supporting
the installation of a roundabout at the intersection of Porters Neck Road and Edgewater Club Road. Upon vote, the
MOTION CARRIED 4 TO 1. Commissioner Pritchett voted in opposition.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXX, Page 33.10.
BREAK
Chairman Caster called for a break from 10:38 p.m. until 10:50 p.m.
CLOSED SESSION
Chairman Caster announced that pursuant to G.S. 143-318.11(5) a Closed Session is needed to instruct the
public body?s staff concerning the position to be taken by or on behalf of the public body in evaluating possible
acquisition of real properties and in negotiating the price and material terms of a proposed contract for real
properties and requested a motion from the Board.
Motion:
Commissioner Kopp MOVED, SECONDED by Vice-Chairman Greer, pursuant to G.S. 143-318.1, to
enter into Closed Session to instruct the public body?s staff concerning the position to be taken by or on behalf of the
public body in evaluating possible acquisition of real properties and in negotiating the price and material terms of a
proposed contract for real properties. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster convened to Closed Session at 10:50 p.m.
CONVENE TO REGULAR SESSION
Chairman Caster convened to Regular Session at 11:35 p.m. and reported that the Board has instructed the
public body?s staff concerning negotiations of the potential real estate acquisitions. Any official action shall be
taken in an open session of the Board at a later date.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, NOVEMBER 5, 2007 PAGE 243
ADJOURNMENT
There being no further business, Chairman Caster called for a motion to adjourn the meeting.
Motion:
Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 11:35 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board