2008-01-07 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 7, 2008 PAGE 281
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, January 7, 2008, at
5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, NC.
Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted
Davis, Jr.; Commissioner William A. Kopp, Jr.; Commissioner Nancy H. Pritchett; County Attorney Wanda M. Copley;
Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell.
Chairman Greer called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Mark Opgrand with St. Paul's Evangelical Lutheran Church, gave the invocation.
Nathan Olsen of Boy Scout Troup 215 led the audience in the Pledge of Allegiance to the Flag.
INTRODUCTION OF JENNIFER HARJO, CHIEF PUBLIC DEFENDER FOR NEW HANOVER COUNTY
Senior Resident Superior Court Judge W. Allen Cobb, Jr. announced the appointment of Wilmington lawyer
Jennifer Harjo to the newly created position of Chief Public Defender for New Hanover County.
Ms. Harjo, in her role as Chief Public Defender, will be responsible for hiring ten assistant attorneys and a
support staff of five. She will also have a number of initial administrative and management tasks associated with
establishing the new office. The Public Defender is charged with delivering quality and efficient legal representation to
indigent defendants in the courts of New Hanover County. The North Carolina General Assembly recently passed
legislation creating the office.
Ms. Harjo shared her vision for the formation of the Public Defender Office and stated that she is looking
forward to working with the Board of Commissioners and staff.
On behalf of the Board, Chairman Greer congratulated Ms. Harjo on her appointment.
APPROVAL OF CONSENT AGENDA
Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda.
Hearing no comments, Chairman Greer called for a motion to approve the items on the Consent Agenda.
Motion
: Vice-Chairman Caster 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 of the following meetings as presented by the Clerk to the Board:
Board of Equalization and Review meeting held on December 6, 2007
Agenda Review meeting held on December 13, 2007
Board of Equalization and Review meeting held on December 14, 2007
Regular Session meeting held on December 17, 2007
Closed Session meeting held on December 17, 2007
Board of Equalization and Review meeting held on December 18, 2007
Approval of Second Reading of Non-Exclusive Franchise to Service Trash.Com LLC ? Legal Department
The Commissioners, according to Section 44-55 of the County Code, approved the second reading to award a
non-exclusive franchise to Service Trash.Com LLC for the collection of solid waste for compensation. Staff has
reviewed the required documents and finds the organization and financial integrity adequate for franchise award.
Authorization to Update the Bank of America Deposit Account Documentation Banking Resolution and
Certificate of Incumbency ? Finance Department
The Commissioners authorized the change of the Finance Director?s name on the Bank of America Deposit
Account Documentation Banking Resolution and Certificate of Incumbency from Bruce T. Shell to Avril M. Pinder as
an authorized signer for New Hanover County.
Adoption of Corporate Resolution with Multi Bank Securities Authorizing the Set-up of a New Fixed Income
Account for New Hanover County ? Finance Department
The Commissioners adopted the corporate resolution with Multi Bank Securities, a fixed income broker-dealer,
authorizing the set-up of a new fixed income account for New Hanover County
Authorization to Submit a Smart Start Grant Application for the Child Care Nursing Program ? Health
Department
The Commissioners authorized the Health Department to submit a grant application to Smart Start for continued
funding for the Child Care Nursing Program. If awarded, the funds will be used to continue the program for the next FY
08-09 in the amount of $196,500. The Child Care Nursing Program provides ongoing health and safety education as
well as consultation to child care providers, children, and parents, child developmental monitoring, health record
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 7, 2008 PAGE 282
reviews, Health Check/Health Choice referrals, and assistance in the review and development of health policies,
emergency preparedness plans and medical action plans. This program had been in existence for over ten years through
Smart Start funding.
Authorization to Submit a Grant Application to the North Carolina Department of Health and Human Services
for Maternity Care Coordination Services ? Health Department
The Commissioners authorized the Health Department to submit a grant application to the North Carolina
Department of Health and Human Services to support Maternity Care Coordination services in the amount of $17,580. If
awarded, the funds will be used to offer comprehensive Maternity Care Coordination services to a small caseload of non-
Medicaid prenatal patients. The state grant would supply reimbursement for 50 units (15 minutes each) of service at
$29.30 per unit per month ($1,465 per month; $17,580 total revenue for the year).
REGULAR ITEMS OF BUSINESS
ADOPTION OF RESOLUTION CONGRATULATING THE HOGGARD HIGH SCHOOL FOOTBALL TEAM
ON THEIR UNDEFEATED SEASON AND WINNING THE 2007 NORTH CAROLINA 4A STATE
FOOTBALL CHAMPIONSHIP
Parks Director Neal Lewis reported that the John T. Hoggard High School football team finished the season
with fifteen wins and no losses. On December 8, 2007, the season ended with Hoggard High School defeating Mount
Tabor High School by a score of 28 to 0 to win the 2007 North Carolina 4A State Football Championship.
Chairman Greer read the resolution into the record and requested a motion for adoption.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the resolution
congratulating the Hoggard High School Varsity Football Team on their undefeated season and winning the 2007 North
Carolina 4A State Football Championship. Upon vote, the MOTION CARRIED UNANIMOUSLY.
On behalf of the Board, Chairman Greer congratulated the players, coaches, parents and Board of Education
representatives in attendance.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXXI,
Page 1.1.
INTRODUCTION OF ASSISTANT COUNTY MANAGER CHRIS COUDRIET
County Manager Bruce Shell reported that after an extensive search, Mr. Chris Coudriet was hired to fill the
position of Assistant County Manager formerly held by Patricia A. Melvin who retired November 30, 2007. Mr.
Coudriet brings over a decade of public administration experience, with more than five years experience as county
manager in North Carolina, both in Washington County and, most recently, in Franklin County. He has a Bachelor's of
Science Degree in Urban and Regional Planning from East Carolina University and a Master's Degree in Public
Administration from the University of North Carolina at Pembroke. He began his new duties January 2, 2008.
On behalf of the Board, Chairman Greer welcomed Assistant County Manager Chris Coudriet to New Hanover
County Government and wished him success in his new position.
PUBLIC HEARING AND DENIAL OF REQUEST BY JONATHAN WASHBURN, ON BEHALF OF
VANDERGRIFT, WILLIAMS AND CAINES, TO REZONE APPROXIMATELY 13 ACRES OF PROPERTY
LOCATED AT 3400 ? 3404 CASTLE HAYNE ROAD AND 109 ? 119 GLADIOLUS ROAD FROM R-20 LOW
DENSITY RESIDENTIAL TO B-2 HIGHWAY BUSINESS DISTRICT ( Z-876)
Chairman Greer opened the Public Hearing reporting that if the rezoning request is denied or withdrawn prior to
the Board?s vote, the Petitioner must wait twelve months before filing another petition. He requested staff to make the
presentation.
Senior Planner Jane Daughtridge reported that Jonathan Washburn, on behalf of Vandergrift, Williams and
Caines, is requesting to rezone approximately 13 acres of property located at 3400-3404 Castle Hayne Road and 109-119
Gladiolus Road from R-20 Low Density Residential to B-2 Highway Business District and presented a slide overview of
the request.
The
subject property is located in the northwest portion of the county in an area classified as Aquifer Resource
protection on the 2006 CAMA Land Classification map. The properties are accessed from Castle Hayne Road and from
Gladiolus Road, a local street intersecting with the principal arterial road. Level of service has not been rated on
Gladiolus Road but has been rated F along this portion of Castle Hayne Road, meaning traffic exceeds the design
capacity. Traffic counts in this area decreased about 4% between 2004 and 2005 due to the opening of the I-140
interchange.
The Caines and Vandergrift properties are vacant at this time, but a portion of the Williams properties on Castle
Hayne Road are used for residential purposes. The southern portion of all these properties is traversed by a large power
easement with high power lines running east and west across the land. Adjacent to the north is vacant, wooded area. To
the south is zoned R-15 along Gladiolus Road. To the west, across Castle Hayne Road, is also zoned R-20 with a church,
vacant land and residential use in place. Further south on both sides of the road are small businesses in commercial
zoning districts.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 7, 2008 PAGE 283
The subject property is located within the Prince George Creek watershed drainage area which is classified
C(SW). The property is not within the 100 year flood zone. Soils are primarily class III Murville soils with severe
limitations for septic systems. Public water is nearby at Rockhill Road. Public sewer is not available in the area at this
time and septic failure has been noted in the area. This area is one of several priority needs areas for extension of county
water and sewer.
Planning Director Chris O?Keefe reported that the rezoning petition proposes a change from low density R-20
Residential use to a more intensive B-2 highway business classification. Implementation strategies associated with
Policy 4.3 of the Land Use Plan encourage location of regional commercial nodes at major intersections consistent with
the classification map and other local plans and location of commercial centers to provide service and trade at key
intersections. Strategy 4.3.2 directs staff to follow recommendations of the Wilmington Bypass Steering Committee on
designated interchanges. Those recommendations identify expansion of economic benefits relating to industrial or
manufacturing uses as well as a possible business park in this vicinity. The B-2 Highway Business District includes the
broadest array of commercial uses. These would be presumed to be larger and higher intensity operations in a roadside
environment to accommodate high volume traffic and the motoring public.
This property will be somewhat constrained for any type of development by the presence of the large power
easement on the property. Careful design will be necessary to create viable use of the land, whether residential or
commercial. Staff feels the area around the I-140 interchange will be ripe for commercialization when public services
become available in the future, and although a transition from residential use to highway commercial use might appear to
be inconsistent with the adjacent zoning and the land classification at this time, staff believes the requested zoning
change is reasonable and in the long range public interest as a start for establishing this future commercial node.
Therefore, staff recommends approval of the rezoning from R-20 Residential to B-2 Highway Business.
The Planning Board, at its December 6, 2007 meeting, after lengthy discussion about the projected transition of
use in the area around the I-140 interchange, voted 5-1 to recommend approval of the petitioner?s request. Three
neighbors expressed concerns about the broad range of uses allowed in the general rezoning, the lack of infrastructure to
support commercial activity, and a fear that the incidence of vandalism at their church, St. James AME, could increase as
a result of the transition.
Chairman Greer asked if the Petitioner would like to speak on the request.
Jonathan Washburn, the Petitioner, presented an overview of the request stating that the County?s policies for
growth and development seek to locate regional commercial nodes at major intersections and to locate commercial
centers to provide community level service and trade needs at key intersections or on major thoroughfares. Rezoning
this property for commercial uses will be consistent with the concept of transitioning uses and help concentrate
commercial development at this busy traffic node, reducing cross traffic through neighborhoods to reach more distant
commercial services. The large power easement will provide a natural buffer between commercial development and the
existing residential. The proposed rezoning request can be developed in accordance with the Land Use Plan to provide
commercial development in harmony with the residential development. He will continue to work with the surrounding
neighbors to address any concerns.
Chairman Greer asked if anyone would like to speak in opposition to or in favor of the request.
M.C. Stevens, resident on Gladiolus Road, voiced his concern of commercial development in a residential
district stating that it would cause an increase in traffic on an already overloaded two lane road. He requested the Board
not approve the rezoning request.
Chairman Greer asked for rebuttal comments.
Mr. Washburn addressed the traffic issue stating that the proposed commercial development will reduce cross-
traffic between businesses and through surrounding residential neighborhoods. The immediate proximity of the subject
site to the interstate and major corridor increases service convenience and decreases infiltration into residential areas. He
stated that one of the goals of the project will be to alleviate traffic. The neighbors will be included in the site plan
discussions.
Mr. Stevens reiterated his concern about traffic issues.
Hearing no further comments, Chairman Greer closed the Public Hearing.
In response to Board questions, Planning Director O?Keefe clarified that more than likely the width of the
power easement would satisfy the buffer requirements and no additional buffer would be required.
Commissioner Kopp stated that he is convinced that eventually the area will be developed either business or
commercial but would feel better if the whole area was before the Board instead of the proposed spot rezoning.
Vice-Chairman Caster stated that due to the close proximity to the I-140 and Castle Hayne Road interchange the
reality is that it is a prime location for business development and would capture some of the existing traffic.
In response to Board questions, Sue Hayes, Planning Board member, stated that she voted in opposition to the
rezoning request due to concerns of creating a spot zoning area and traffic issues. Traffic on Castle Hayne Road is
already rated F. Two other members of the Planning Board had concerns but voted in favor of the rezoning request.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 7, 2008 PAGE 284
Hearing no further comments, Chairman Greer requested direction from the Board.
Motion:
Vice-Chairman Caster MOVED to approvethe request by Jonathan Washburn, on behalf of Vandergrift,
Williams and Caines, to rezone approximately 13 acres of property located at 3400-3404 Castle Hayne Road and 109-
119 Gladiolus Road from R-20 Low Density Residential to B-2 Highway Business District. NO SECOND WAS
RECEIVED.
Motion:
Commissioner Kopp MOVED, SECONDED by Commissioner Pritchett, to deny the request by Jonathan
Washburn, on behalf of Vandergrift, Williams and Caines, to rezone approximately 13 acres of property located at 3400-
3404 Castle Hayne Road and 109-119 Gladiolus Road from R-20 Low Density Residential to B-2 Highway Business
District finding that the request is: 1) not 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) not reasonable and in the public interest to
allow transition of acreage in close proximity to the I-140 and Castle Hayne Road interchange from residential to
commercial use. Upon vote, the MOTION CARRIED 4 TO 1. Vice-Chairman Caster voted in opposition.
PUBLIC HEARING AND APPROVAL OF REQUEST TO AMEND SECTION 72-31 COMMERCIAL
MARINA TO CLARIFY THE COUNTY?S INTENTIONS RELATING TO DRY STACK STORAGE IN
RESIDENTIAL DISTRICTS AS RECOMMENDED BY THE PLANNING BOARD (A-366, 10/07)
Chairman Greer opened the Public Hearing and requested staff to make the presentation.
Senior Planner Jane Daughtridge reported that David Ward is requesting to amend Section 72-31Commercial
Marina to add a condition that dry stack storage of boats not be allowed in residential districts and presented an overview
of the request and pictures of existing marinas.
The current County ordinance incorporates a dry stack storage parking requirement, therefore implying dry
stack storage could be a normal use at commercial marinas under special use permits. The text amendment requested by
Mr. Ward proposes a condition to disallow dry stack storage as an accessory when marinas are located in residential
districts.
During a Planning Board work session on November 15, 2007, staff reported that there is only one situation in
the County where dry stack storage is part of a commercial marina in a residential district. In that case, the dry stack was
shown on the approved SUP site plan and approved as part of the marina. Other dry stack situations are considered
accessory to commercial marinas which are located in B-2 or I-1 Districts where marinas are permitted by right. After
discussion, the Planning Board was reluctant to fully disallow dry stack storage but did feel it should be separated out on
the table of uses to clarify that it is viewed differently in residential areas, consistent with the current special use
requirement for commercial marinas in general. The Planning Board requested staff develop a definition and alternative
language to capture the issues of concern.
Staff presented the proposed amendment to the Planning Board at their December 6, 2007 meeting. Attorney
Bill Raney spoke on behalf of the Petitioner and supported the staff?s alternative language and also suggested additional
language to restrict the use within 200? of open shellfish waters. Tim Ward, and his attorneys from Shanklin and Nichols,
spoke in opposition to David Ward?s proposed text amendment disallowing dry stack storage in residential districts. No
other members of the public spoke on the item.
After lengthy discussion on the need to balance public access and to protect residential neighborhoods, by a
vote of 2-4, the Planning Board defeated a motion approving David Ward?s text amendment. On a follow-up motion, the
Planning Board voted 4-2 to approve the text amendment proposed by staff. Staff supports the text amendment
recommended by the Planning Board as follows:
Definitions: ADD
23-63.1 Dry Stack Storage ? Vertical storage of boats in a rack system, providing for storage of at least 2 layers
of boats.
Table of Uses: ADD
Dry stack storage of boats:
As a stand-alone warehouse use - Permitted in B-2, I-1, I-2
As accessory to a marina - Permitted in B-2, I-1, I-2, PD, RFMU, SUP in R?s and B-1
Change by Adding (6) to the following section:
72-31: Commercial Marina - This type of use may be permitted in any residential district or B-1 Business
District provided: (2/7/83)
(1) A minimum of one (1) off-street parking space per boat slip and per four (4) dry storage facilities shall be
provided. (4/05)
(2) A buffer in compliance with Section 67 shall be provided along all property lines abutting residential
property.
(3) Night lighting by design and construction shall be contained on the site.
(4) A site plan shall be submitted for review and approval. (7/7/80)
(5) It can be demonstrated that the sitting of the facility will have minimal impacts on water quality, primary
nursery areas, shellfish grounds, and conservation resources. (10/10/92)
(
6) Dry stack storage as an accessory to a marina in a residential or B-1 zoning district must be clearly
identified on the approved site plan and described in the findings of fact. Additional buffers or screenings will
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 7, 2008 PAGE 285
be required to mitigate noise, light and dust impacts on surrounding properties.
a. Setbacks for dry stack storage from any abutting residential property line shall be not less
than 2.75 times the height of the structure if enclosed or the highest point of a stored vessel if
unenclosed.
b. Appearance of stacked storage should retain the character of the surrounding residential
areas and provide opaque vegetative buffers to reduce visual impacts.
c. Projects shall be designed so that the use of noise-generating activities, such as large marine
forklifts, boat haul out or boat repair approved as part of the special use permit will be located as far
away from residential structures as feasible to lessen impacts on the residential quality of life.
In response to Board questions, Senior Planner Daughtridge clarified that currently the ordinance does not
address dry stack storage in residential district but permits dry stack storage, by right, in B-2 and I-1 Districts. Marinas
are permitted by Special Use Permit in B-1 Districts and other districts. The recommended version of the text
amendment clarifies the County?s intentions relating to dry stack storage, particularly when proposed in residential
district.
Planning Director Chris O?Keefe clarified that the text amendment proposed by David Ward contained more
stringent restrictions than what is being recommended by the Planning Board and Staff. Mr. Ward?s proposed text
amendment also added the restriction that the shoreline of the property would not be located within 200? of open
shellfish waters as designated by the North Carolina Division of Marine Fisheries or any successor agency. This
restriction is not included in the text amendment recommendation by the Planning Board.
Chairman Greer asked if the Petitioner would like to speak on the request.
John Wessell, attorney for David Ward, presented the proposed text amendment request stating that currently
commercial marinas are allowed in residential districts by special use permit. The Petitioner?s proposed text amendment
distinguishes dry stack storage marinas from other commercial marinas and to prohibit this type of commercial marina in
a residential district while continuing to allow them by special use permit in the B-1 District and as a matter of right in
the PD, B-2, I-2 and I-2 Districts. The premise for the change is that such facilities are not compatible with surrounding
residential uses. Although the Petitioner is in favor of eliminating dry stack storage completely in residential districts he
does see the Planning Board?s text amendment recommendation as a second option but would request the additional
language prohibiting such facilities within 200 feet of open shell fishing waters. He also requested the wording
?property line? be changed to ?residential zoning district? in Section 72-31(6)(a).
Chairman Greer asked if any anyone would like to speak in opposition to the request.
Tim Ward, stated that he owns the property adjacent to David Ward?s mother. He stated that the proposed text
amendment is in response to his attempts to re-develop a marina with an existing special use permit allowing dry stack
storage. David Ward?s family purchased their property after the special use permit was issued in 1971. Some of the
benefits of dry stack storage include a lessened environmental impact, no harm to property values and dry stack storage
allows for more public boating access. He requested the Board not approve the proposed text amendment.
Ken Shanklin, attorney for the Tim Ward, stated that the current ordinance has worked well for 26 years and
that this is a back-door attempt to stop his client from developing an existing special use permit. Public water access is
through residential development. He requested the Board not change the Zoning Ordinance stating that the Land Use
Plan supports dry stack storage and marinas.
Walt Conlogue reported that he served on the Planning Board for six years and is currently a member of the
Parks Advisory Board. He stated that he has reservations about trying to settle the Ward versus Ward battle with the
proposed text amendment. The text amendment creates additional hurdles to a process that now takes as many as
thirteen permits for marina approval and additional requirements as to SA waters and estuaries. These requirements are
already part of normal CAMA approvals or denials. The Petitioner is also requesting increased setbacks over and above
the existing setbacks that would affect commercially zoned property from residential zoned property. A marina is not
rezoned commercial; it is simply an entity that resides in a residential district under the auspices of a special use permit.
Trying to impose restrictions in excess of even a commercially zoned piece of property is more than a stretch. He
requested the Board deny the text amendment.
Chairman Greer asked if there were rebuttal comments.
David Ward, the Petitioner, reported on the research that has been done on dry stack storage in residential
zoning districts. He stated that dry stack storage is prohibited in many residential areas including the City of Wilmington
and Carolina Beach within New Hanover County. He requested the Board approve the text amendment.
Mr. Wessel requested the Board consider the Planning Board?s recommended amendment to clarify the County
ordinance so the ordinance can more effectively be administered and endorsed the 2.75 setback requirement.
Troy Moore, General Manager and Broker-in-Charge of Inlet Watch Yacht Club, stated that he is in opposition
to the text amendment and feels that it will seriously affect not only the future of the residents of New Hanover County
but also the robust tourism industry. Current County regulations require that a special use permit be obtained to operate
a marina facility. The rigorous process in approving this special use permit is more than adequate. The text amendment
proposed here pertains only to remedying the dispute concerning the members of the Ward family. He also stated, that
for clarification, in the past ten years he had not once received a compliant regarding the noise produced by their forklifts
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REGULAR MEETING, JANUARY 7, 2008 PAGE 286
and adjacent property values have increased due to their proximity to the marina.
Hearing no further comments, Chairman Greer closed the Public Hearing and requested direction from the
Board.
Chairman Greer suggested keeping the County ordinance as it is stating that the ordinance currently allows the
Board the opportunity to address the dry stack storage issue as a condition of a Special Use Permit in any district besides
B-2 and I-1 Districts. The Board currently looks at each project individually through the special use permit process and
can attach the appropriate restrictions at that time.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve an amendment to
Section 72-31 of the Zoning Ordinance as follows:
Definitions: ADD
23-63.1 Dry Stack Storage ? Vertical storage of boats in a rack system, providing for storage of at least 2 layers
of boats.
Table of Uses: ADD
Dry stack storage of boats:
As a stand-alone warehouse use - Permitted in B-2, I-1, I-2
As accessory to a marina - Permitted in B-2, I-1, I-2, PD, RFMU, SUP in R?s and B-1
Change by Adding (6) to the following section:
72-31: Commercial Marina - This type of use may be permitted in any residential district or B-1 Business
District provided: (2/7/83)
(1) A minimum of one (1) off-street parking space per boat slip and per four (4) dry storage facilities shall be
provided. (4/05)
(2) A buffer in compliance with Section 67 shall be provided along all property lines abutting residential
property.
(3) Night lighting by design and construction shall be contained on the site.
(4) A site plan shall be submitted for review and approval. (7/7/80)
(5) It can be demonstrated that the sitting of the facility will have minimal impacts on water quality, primary
nursery areas, shellfish grounds, and conservation resources. (10/10/92)
(
6) Dry stack storage as an accessory to a marina in a residential or B-1 zoning district must be clearly
identified on the approved site plan and described in the findings of fact. Additional buffers or screenings will
be required to mitigate noise, light and dust impacts on surrounding properties.
a. Setbacks for dry stack storage from any abutting residential property line shall be not less
than 2.75 times the height of the structure if enclosed or the highest point of a stored vessel if
unenclosed.
b. Appearance of stacked storage should retain the character of the surrounding residential
areas and provide opaque vegetative buffers to reduce visual impacts.
c. Projects shall be designed so that the use of noise-generating activities, such as large marine
forklifts, boat haul out or boat repair approved as part of the special use permit will be located as far
away from residential structures as feasible to lessen impacts on the residential quality of life.
With the Board 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 clarify the County?s intentions relating to dry
stack storage, particularly when proposed in residential districts. Upon vote, the MOTION CARRIED 4 TO 1.
Chairman Greer voted in opposition.
A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is
contained in Exhibit Book XXXI, Page 1.2.
BREAK
ChairmanGreer called for a break from 8:07 p.m. until 8:27 p.m.
PUBLIC HEARING AND APPROVAL OF REQUEST TO AMEND SECTION 53.5 ALLOWING MORE
FLEXIBLE STANDARDS FOR PLANNED DEVELOPMENTS THAT INCLUDE A CONTINUING CARE
RETIREMENT FACILITY
Chairman Greer opened the Public Hearing and requested staff to make the presentation.
Planning Director Chris O?Keefe reported that Grasmico, Inc. is requesting to amend Section 53.5 Planned
Development Districts to add a new Section 53.5-2(7)(O) allowing more flexible standards for planned developments
that include a continuing care retirement facility and presented an overview of the request.
The Petitioner requested the following amendment to add new subsection 53.5-2(7)(O):
Recognizing the County?s need for adequate housing for the elderly population as stated in the 2006 CAMA
Plan Update, the following district regulations shall apply in instances where at least twenty-five percent (25%)
of the PD district will reside in a Continuing Care Retirement Facility as defined in Article 64 of Chapter 58 of
the North Carolina General Statutes:
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REGULAR MEETING, JANUARY 7, 2008 PAGE 287
a.The maximum building height for a continuing care retirement facility building shall be 55 feet.
b.The thoroughfare requirements in Section 53.5-2(7)(N) and Section 69.9 may be satisfied if a traffic
study supports a finding by the Board of County Commissioners that the roadway providing access for
the proposed PD development to and from an existing major or minor arterial will operate at an
acceptable level of service.
After lengthy discussion and with the agreement of the Petitioner, the Planning Board by a vote of 6-0,
approved the following amendment.
ADD to Section 53.5-2(7)
Section 53.5-2(7)(O).
Recognizing the County?s need for adequate housing for the elderly population as stated
in the 2006 CAMA Plan Update, the following district regulations shall apply in instances where at least
twenty-five percent (25%) of the PD district maximum number of units are included in a Continuing Care
Retirement Facility as described and regulated under NCGS 58 Article 64:
a.The maximum height for a continuing care retirement facility building shall be up to 55 feet.
b.The thoroughfare requirements in Section 53.5-2(7)(N) and Section 69.9 may be satisfied if a traffic
study supports a finding by the Board of County Commissioners that the roadway providing access for
the proposed PD development to and from an existing major or minor arterial will operate at an
acceptable level of service (LOS), and will not cause the LOS to drop below Level C.
Issues relating to aging in place have been growing as baby boomers begin to reach retirement age. Staff
believes that the County ordinance does not adequately address this issue. The proposed amendment seems reasonable
as a controlled accommodation for potential projects relating to the broad concept of aging in place and continuum of
care in a planned development district. Staff recommends approval of the Planning Board?s recommended amendment
language. No one from the public spoke on this item.
Chairman Greer asked if anyone would like to speak in favor of or in opposition to the request.
Matthew Nichols, attorney representing the Petitioner, presented an overview of the text amendment request
stating that this is a limited text amendment to the PD district. The PD district allows for efficient use of large tracts of
land with required land contributions, thoroughfare requirements and open space. If the text amendment is approved, the
Board will still assess each proposed Planned Development district projects. He requested that the Board change the
word ?maximum? to ?total? or eliminate the word completely from Section 53.5-2(7)(O.).
Stephen Greene, Professional Engineer for the Petitioner, reported that a single family unit generates
approximately ten trips per day of traffic. One unit in a continuing care facility will generate 2.5 trips per day,
representing a 25% decrease of trips generated and thus lowering the traffic rate. The proposed text amendment allows
for the Board to assess each PD district project based on roadway design and capacity.
Hearing no comments, Chairman Greer closed the Public Hearing.
After brief discussion on the wording of the amendment, Chairman Greer requested direction from the Board.
Motion:
Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request to amend
Section 53.5-2(7) of the ordinance by adding Subsection 53.5-2(7)(O) as follows:
Recognizing the County?s need for adequate housing for the elderly population as stated in the 2006 CAMA
Plan Update, the following district regulations shall apply in instances where at least twenty-five percent (25%)
of the PD district number of units are included in a Continuing Care Retirement Facility as described and
regulated under NCGS 58 Article 64:
c.The maximum height for a continuing care retirement facility building shall be up to 55 feet.
d.The thoroughfare requirements in Section 53.5-2(7)(N) and Section 69.9 may be satisfied if a traffic
study supports a finding by the Board of County Commissioners that the roadway providing access for
the proposed PD development to and from an existing major or minor arterial will operate at an
acceptable level of service (LOS), and will not cause the LOS to drop below Level C.
With the Board 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 allow for limited relaxation of thoroughfare
requirements and height limits for planned development districts which include a significant continuing care component
as part of the master plan. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance amending the Zoning Ordinance is hereby incorporated as part of the minutes and is
contained in Exhibit Book XXXI, Page 1.3.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY WATER
AND SEWER DISTRICT
Chairman Greer convened from Regular Session at 8:55 p.m. to hold a meeting of the New Hanover County
Water and Sewer District.
Chairman Greer reconvened to Regular Session at 8:57 p.m.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 7, 2008 PAGE 288
NON-AGENDA ITEMS
Chairman Greer 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.
Marvin Grainger, representative of Disabled American Veterans, distributed a survey form to the Board and
requested the Board work with other entities and offer reduced fares for Wave Transit for veterans. He suggested the
fare be reduced by half for all veterans and a free fare for disabled veterans.
Ellis Pinder, Veterans Service Director, stated that he is working closely with Mr. Grainger.
Commissioner Pritchett reported that Mr. Grainger came before the Wave Transit Board with the same request
and was referred to work with Mr. Pinder. Mr. Pinder will work with Mr. Grainger to assess the cost and evaluate what
entities can do to help.
ADJOURNMENT
There being no further business, Chairman Greer requested a motion to adjourn the meeting.
Motion:
Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adjourn the meeting. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
Chairman Greer adjourned the meeting at 9:06 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board