2010-08-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,AUGUST 2,2010 PAGE 20
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,August 2, 2010,at
6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street,Wilmington,NC.
Members present were: Chairman Jason R. Thompson; Vice-Chairman Jonathan Barfield, Jr.,
Commissioner Robert G. Greer, Commissioner William A. Caster, Commissioner Ted Davis, Jr., County Attorney
Wanda M. Copley, Clerk to the Board Sheila.L. Schuh and County Manager Bruce T. Shell.
Chairman Thompson called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Rick Houston,Pilgrim Rest Missionary Baptist Church, gave the invocation.
Vice-Chairman Barfield led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Thompson asked if any member of the Board would like to remove any item from the Consent
Agenda for discussion.
Commissioner Greer requested the minutes from the Regular Meeting held on Monday, July 12, 2010 be
pulled for further clarification from staff.
Hearing no further comments, Chairman Thompson called for a motion to approve Consent Agenda Items
2-4 as presented.
Motion: Commissioner Caster MOVED, SECONDED by Chairman Thompson, to approve the Consent Agenda
Items 2-4 as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Adoption of Proclamation Declaring August 1 -7,2010 as Coast Guard Week in New Hanover County
The Commissioners adopted a proclamation declaring the week of August 1-7, 2010 as Coast Guard Week
in New Hanover County.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIII,Page 16.1.
Approval of Second Reading of Solid Waste Handlers'Franchise Ordinance Renewal—Legal Department
The Commissioners, pursuant to North Carolina General Statute Chapter 153A-46, approved the second
reading to ratify the automatic renewal of the Award of Franchise and Agreement for Solid Waste Services for the
following business organizations:
Republic Services of North Carolina,LLC
Total Maintenance Cleaning Services
Waste Industries, Inc.
Waste Management of the Carolinas
Copies of the solid waste franchise ordinances and agreements are available for review in the Legal
Department.
Adoption of Budget Ordinance Amendments—Budget Department
The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30,
2011:
11-009-Library
11-010-Property Management/Sheriff's Office
11-018-Health Department
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXXIII,Page 16.2.
CLARIFICATION OF R3 ENVIRONMENTAL,LLC TERM SHEET AGREEMENT FOR SOLID WASTE
MANAGEMENT IN NEW HANOVER COUNTY FROM THE REGULAR MEETING HELD ON JULY 12,
2010
Commissioner Greer, referencing the R3 Environmental, LLC term sheet agreement update that was
presented to the Board at their July 12, 2010 meeting, requested clarification on the County's liability if R3 builds
on County property since the State permit will be issued in the County's name. He stated that he believes the intent
of the Board was for indemnification language to be included in the contract for financial exposure, as well as, for
environmental exposure.
County Manager Bruce Shell agreed stating that was staff's intention.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,AUGUST 2,2010 PAGE 21
Commissioner Greer also requested clarification on what the County's liability will be for the pay out of
the Environmental Management employees' leave accrual costs.
County Manager Shell clarified that the County will be liable for Environmental Management employees'
personal leave accrual costs, but not sick leave accrual costs, stating that he was not aware of the cost implication
but that it was expensed as accrued.
The consensus of the Board is to direct staff to add clarification of these items to the minutes from the
Regular Meeting held on July 12, 2010 and bring these minutes, as well as the minutes from the Agenda Review
meeting held on Thursday, July 8, 2010 and the Special Meeting held on Friday, July 16, 2010,to the Board at their
August 16,2010 meeting for approval.
REGULAR ITEMS OF BUSINESS
PRESENTATION OF PLAQUE OF APPRECIATION TO COMMISSIONER WILLIAM A. CASTER
Glenn M. Cox, Public Information Officer and Assistant Emergency Skywarn Coordinator for the Azalea
Coast Amateur Radio Club, presented a plaque of appreciation to Commissioner Caster and extended the club's
gratitude for his assistance in their amateur radio efforts.
DENIAL OF TARGETED EMPLOYMENT AREA RESOLUTION
Chairman Thompson presented the Targeted Employment Area resolution for the Board's consideration.
The resolution requests the North Carolina Department of Commerce to issue a Targeted Employment Area Letter
to the United States Citizenship and Immigration Services designating a portion of downtown Wilmington as a
Targeted Employment Area. The Targeted Employment Area attracts foreign investors with the incentive of a
temporary green card and then fast-track status for a permanent green card if certain criteria are achieved. The area
commences at Third Street and runs to the Cape Fear River, and is bounded by the Cape Fear River Memorial
Bridge and the Northeast Cape Fear River Bridge.
Chairman Thompson requested direction from the Board.
Commissioner Greer stated that he was all for creating jobs and economic development but had a problem
with awarding visas just because people have the money to put forward. It is like buying their way into this country.
This is a 1990 law and things are different today.
Chairman Thompson responded that this is a legal way for people to become citizens of this country while
investing substantial money in the local economy.
Commissioner Davis voiced his concern on the type of companies that are allowed with Commissioner
Caster stating that it is like allowing people to buy their citizenship.
Chairman Thompson responded that all applicable state and local zoning requirements would apply to these
projects and it is a way to spur economic growth in our County. No specific project is being suggested.
Motion: Chairman Thompson MOVED, SECONDED by Vice-Chairman Barfield, to adopt the resolution
requesting the North Carolina Department of Commerce designate the specified downtown area of the City of
Wilmington as a Targeted Employment Area. Upon vote, the MOTION FAILED 3 TO 2. Commissioners Caster,
Davis, and Greer voted in opposition.
PUBLIC HEARING AND APPROVAL OF REQUEST BY WILSHIRE MANAGEMENT GROUP TO
REZONE APPROXIMATELY 9.93 ACRES LOCATED AT 611 MIDDLE SOUND LOOP ROAD FROM R-
15 RESIDENTIAL DISTRICT TO EXCEPTIONAL DESIGN ZONING DISTRICT
Chairman Thompson opened the Public Hearing and requested staff to make the presentation.
Planning and Inspections Director Chris O'Keefe presented the request by Wilshire Management Group to
rezone approximately 9.93 acres at 611 Middle Sound Loop Road from R-15 Residential District to Exceptional
Design Zoning District (EDZD) and presented a slide overview of the project. The applicant proposes to build 48
townhomes clustered in one, two, and three-unit designs at a density level of 4.8 units per acre. The proposed
project meets the core requirements for EDZD with staff concluding that the rezoning is reasonable and in the public
interest and recommends approval. The Planning Board, at its April 1, 2010 meeting, voted 4-0 to recommend
approval of the rezoning request. One person spoke in support stating that the project is a vast improvement to the
overgrown lot and two people spoke in opposition because of location and traffic concerns.
Chairman Thompson asked if anyone from the public wished to speak in favor of the request.
Jim Hundley, Wilshire Management Group, stated that when the property was rezoned to R-15 in 2006
they planned to build a community with 25 single-family homes. Shortly after the rezoning, the sewer moratorium
was implemented,after the moratorium was lifted, staff realized that the economic environment had changed and the
opportunity of EDZD was approved by the Board of Commissioners so they started designing the proposed new
project.
Mike Brown, Cape Fear Commercial on behalf of the Petitioner, presented an overview of the proposed
project highlighting that it has been designed to meet the criteria for EDZD and is a low impact development and
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,AUGUST 2,2010 PAGE 22
includes a $15,000 contribution towards a multi-use path to Ogden Elementary. It is designed to be an
environmentally friendly and exceptionally designed neighborhood with an approximate 14.7% reduction in
impervious surface, incorporates over 6 acres of open space, the addition of a community garden park, and use of
various Low Impact Development techniques. The proposed plan generates only 2 morning and 3 evening peak
hour trips above the by-right R-15 zoning. At the request of Commissioner Caster and Middle Sound residents, the
Traffic Assessment was expanded and presented to the Metropolitan Planning Organization and NCDOT with that
report receiving a"no further comment"from NCDOT.
In response to Board questions,Mr. Brown responded that traffic relief will come by keeping people closer
to commercial and economic centers and their jobs.
Vice-Chairman Barfield asked for clarification from the Petitioner whether the 2006 rezoning from R-20 to
R-15 was reached by a compromise that they would not seek any further rezoning of the property.
Mr. Hundley stated that it was not their intent in 2006 when the R-15 zoning was approved to seek future
rezoning,nor was it part of any compromise;EDZD has recently just become a zoning option.
Vice-Chairman Barfield asked if anyone from the public wished to speak in opposition to the request.
Edmund McCaffray, representing Middle Sound Lookout, spoke in opposition requesting a full traffic
study be performed before any decision is made.
Dr. Bob Parr,representing Middle Sound Lookout,voiced his concern with the proposed project due to the
traffic impact and safety concerns especially at the Market Street light. There is no left turn arrow at this light and it
is a failing intersection. The proposed project is non-compliant with the Middle Sound area plan.
Wayne Nutt, resident of Middle Sound, voiced his concern on the traffic impact and safety issues. He
requested the Board deny the request and stay with the current zoning of R-15.
Meredith Everhart, resident of Middle Sound, voiced her concern that the developer should be held to the
same restrictions as she is with her R-20 zoned property and requested the Board deny the request. When the
current developers purchased the property it was zoned R-20 and in 2006 they were granted the current R-15 zoning,
now they are requesting EDZD approval. They need to go back to the original zoning.
Stephan Andree,resident of Middle Sound,requested the Board deny the rezoning request.
Vice-Chairman Barfield asked if anyone from the public wished to speak in favor of the request.
Johnston Sifly, resident of Middle Sound, spoke in favor of the rezoning request stating that he feels it will
be a good project for the area. The developer can develop now at R-15 and the request for EDZD will increase
traffic very minimally.
Diana Woolley, resident of Middle Sound, spoke in favor of the rezoning request stating that it is a vast
improvement over the previous use stating that it is a perfect example of infill development with minimal traffic
impact.
In rebuttal comments, Sam Franck, attorney with Ward and Smith on behalf of the Petitioner, responded
that the traffic impact by a licensed traffic engineer estimates that there will be one additional car every twenty
minutes above the R-15 zoning; generating only 2 morning and 3 evening peak hour trips above the by-right R-15
site plan. The Petitioner,understanding traffic concerns,intentionally sought the 4.8 unit density so that there would
be no impact on traffic.
In rebuttal comments, Ms. Everhart stated that she did not believe the traffic impact study is accurate or
complete and did not include numbers when school is in session. She requested a new and more comprehensive
traffic impact study. The current rezoning request is not compliant with the 1987 Middle Sound area plan. She
stated that the developer could increase the density without further Board approval.
Hearing no further comments, Chairman Thompson closed the Public Hearing and requested direction from
the Board.
Motion: Commissioner Greer MOVED, SECONDED by Commissioner Caster,to approve the request by Wilshire
Management Group to rezone approximately 9.93 acres at 611 Middle Sound Loop Road from R-15 Residential
District to Exceptional Design Zoning District.
In response to Board questions, Planning Director O'Keefe responded that the developer is not allowed to
change the density from the plan submitted and that they need to meet minimal core requirements plus 12 points or
they cannot build. He also confirmed that there is nothing in the 2006 minutes on record that the developer is
prohibited from seeking any further rezoning stating that this is the first he has heard about this issue.
In response to Board questions, Mike Kozlosky, Executive Director of the Wilmington Metropolitan
Planning Organization(MPO), stated that the light at Market Street and Middle Sound Loop Road can be evaluated
but it is synchronized with the light at Market Street and Military Cutoff. The proposed Hampstead Bypass/Military
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,AUGUST 2,2010 PAGE 23
Cutoff Extension will provide an alternate path for traffic along this corridor. Market Street as a whole is an area of
concern and the MPO is in the process of completing a study of the Market Street corridor with one of the
recommendations being to install medians and eliminate left turn lanes. In reference to the current request,the MPO
and NCDOT did not see a need to require any additional road improvements.
Vice-Chairman Barfield voiced his concern on traffic on Market Street and at the intersections at Military
Cutoff and Middle Sound Loop Road and questioned staff why they recommended denial of the previous EDZD
request but were recommending approval of this request.
Planning Director O'Keefe responded that staff recommended denial of the previous EDZD request based
on the proposed route of the Bypass and not on specific traffic concerns.
In response to statements made by Ms. Everhart concerning the Traffic Assessment, Transportation
Engineer Jason Hamilton, Ramey Kemp&Associates, clarified that the study considered the same site build-out as
in the original Traffic Assessment but included additional analysis at the intersections of Market Street at Middle
Sound Loop Road and Middle Sound Loop Road at Darden Road and included data collected while school was in
session.
In response to statements made by citizens, Planning Director O°Keefe stated that to his knowledge the
rezoning request is compliant with the area and the proposed use addresses the need for a more affordable housing in
this area. Anchor Bend Subdivision is developing slowly but even if it was built out today, staff s recommendation
to approve the current project would not change.
In response to Board questions, Planning Board member Richard Collier confirmed that based on the
evidence presented to the Planning Board and tonight,he still recommends approval of the rezoning request.
Commissioner Davis stated that due to his concern on the traffic impact he could not support the rezoning
request.
Chairman Thompson offered the following substitute motion.
Substitute motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the request
by Wilshire Management Group to rezone approximately 9.93 acres at 611 Middle Sound Loop Road from R-15
Residential District to Exceptional Design Zoning District with the condition that there be a maximum of 47 units.
In response to Board questions, Mr. Hundley confirmed that they are willing to drop one unit for a total
maximum of 47 units making the peak hour trips the same as the by-right zoning of R-15.
Chairman Thompson called for a vote on the substitute motion.
Substitute motion: Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the request
by Wilshire Management Group to rezone approximately 9.93 acres at 611 Middle Sound Loop Road from R-15
Residential District to Exceptional Design Zoning District finding that the request is: 1) consistent with the
purposes and intent of the Exceptional Design Zoning District outlined in Section 53.6 of the New Hanover County
Zoning Ordinance and several Policies of the 2006 CAMA Land Use Plan, including Natural Resources, Land Use
and Urban Design, Transportation and Housing; 2)reasonable and in the public interest to rezone 9.93 acres at 611
Middle Sound Loop Road from R-15 Residential to Exceptional Design Zoning District with the condition that there
be a maximum of 47 units. Upon vote,the MOTION CARRIED 4 TO 1. Commissioner Davis 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 ON MAY 18, 1970, is
hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 3,Page 12.
BREAK
Chairman Thompson called for a break from 8:20 p.m.until 8:28 p.m.
NON-AGENDA ITEMS
Chairman Thompson announced that time had been reserved to allow the public to present an item that was
not listed on the regular agenda.
No items were presented.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,AUGUST 2,2010 PAGE 24
ADJOURNMENT
There being no further business, Chairman Thompson adjourned the meeting at 8:29 p.m.
Respectfully submitted,
Sheila.L. Schult
Clerk to the Board
Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners
meeting. The entire proceedings are available for review and check-out at all New Hanover County Libraries.