2011-08-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,AUGUST 1,2011 PAGE 237
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, August 1, 2011,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 Jonathan Barfield, Jr.; Vice-Chairman Jason R. Thompson;
Commissioner Ted Davis, Jr.; Commissioner Brian M. Berger; Commissioner Richard G. Catlin; County Attorney
Wanda M. Copley; Clerk to the Board Sheila L. Schuh and County Manager Bruce T. Shell.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Phoebe R. Jordan, St. James AME Church,provided the invocation.
Commissioner Davis led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Barfield asked if any member of the Board would like to remove or discuss any item on the
Consent Agenda.
Hearing no comments, Chairman Barfield called for a motion to approve the Consent Agenda.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the Consent
Agenda as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes—Governing Body
The Commissioners approved the minutes from the following meetings as presented by the Clerk to the
Board:
Agenda Review meeting held on July 7, 2011
Closed Session meeting held on July 11, 2011
Regular Session meeting held on July 11, 2011
Adoption of State Road Resolution—Governing Body
The Commissioners adopted the North Carolina Department of Transportation State Road Resolution
supporting the addition of Windjammer and Rushing Drives located within Crosswinds Sections 1 and 2 and
Wedgefield at Crosswinds South Subdivision to the State Road System(Division File No. 1171-N).
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIV,Page 12.1.
Acceptance of Library Services Technology Act Grant Funds and Adoption of Budget Ordinance
Amendment 12-003-Library
The Commissioners accepted Library Services Technology Act Grant Funds and adopted Budget
Ordinance Amendment 12-003 in the amount of $87,000. The funds will be used for the development of a
comprehensive self-checkout system at all library branches. The required match of 25%in the amount of$21,980
will be provided by the Friends of the Library.
A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXXIV,Page 12.2.
Adoption of Resolution of Intent to Close a Portion of Hill Avenue Located Between Wild Cherry Lane and
Ramblewood Drive—Planning Department
The Commissioners adopted the resolution of intent to close a portion of Hill Avenue located between Wild
Cherry Lane and Ramblewood Drive.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIV,Page 12.3.
Adoption of Budget Ordinance Amendment—Budget Department
The Commissioners adopted Budget Ordinance Amendment 12-001, Health Department, for fiscal year
ending June 30,2012.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXIV,Page 12.4.
REGULAR ITEMS OF BUSINESS
OFFSHORE WIND ECONOMIC DEVELOPMENT TASK FORCE PRESENTATION
North Carolina Sierra Club Representatives Mac Montgomery and Carina Barnett-Loro and Oceana
Representative Zachary Keith presented an overview of the Offshore Wind Task Force highlighting the following
information:
• Offshore wind development is a proven success in Europe.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,AUGUST 1,2011 PAGE 238
• Offshore wind development will create clean-energy jobs. Manufacturing facilities follow the energy
supply chain.
• U.S. has abundant wind resources; North Carolina has the best offshore wind resources on the east
coast.
• Federal process is through the Bureau of Ocean Energy Management.
• Offshore Wind Economic Development Task Force — Executive Order 96; fifteen members are
appointed by the Governor.
• Duties are to:
• Study the benefits of developing 5,000 MW of offshore wind energy generation by 2030
• Examine laws in NC and other states to determine what policy framework is needed to support the
offshore wind industry
• Create guidelines on viable areas for offshore wind facilities
• Report findings and recommendations to the Governor by March 31,2012
• Recommendations eligible to be introduced as bills in the short session.
• Stockholm University's Zoology Department discovered that marine life has become more abundant
and diverse near turbine foundations
• Offshore turbines constitute habitats for fish, crabs,mussels,lobsters and plants.
• Great for the recreational fishing industry.
• University of Delaware study shows large support (86%) from Rehoboth Beach tourists for offshore
wind when placed more than 7-10 miles off the coast.
• North Carolina is uniquely positioned to be a leader in US offshore wind.
• Forward-thinking policy is required to realize the full economic benefits of offshore wind.
• Support from North Carolina citizens is critical for policy and industry success.
The Task Force is requesting the Board consider adopting a resolution supporting the development of
offshore wind as a renewable 21st century energy resource.
After a brief question and answer period and in response to Board questions,Mr. Montgomery reported that
initially the cost is expensive but in the long-term will save money on energy and be a more reliable,efficient energy
source. They will continue to provide the Board with updated information as it becomes available.
AWARD OF CONTRACT TO BRADLEY BARNES CONSTRUCTION FOR PARK RENOVATIONS AT
ARROWHEAD PARK
Parks, Gardens & Senior Resources Director Jim McDaniel presented the request for the Board's
consideration to award the contract for renovations at Arrowhead Park to Bradley Barnes Construction in the
amount of$904,499 and will include tennis courts, a disc-golf course, and basketball courts. The funds will be
allocated from the 2006 voter approved park bonds.
Chairman Barfield requested direction from the Board.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to award the contract for
renovations at Arrowhead Park to Bradley Barnes Construction in the amount of$904,499 as presented. Upon vote,
the MOTION CARRIED 4 TO 1. Commissioner Berger voted in opposition.
PUBLIC HEARING AND APPROVAL OF CONDITIONAL REZONING REQUEST BY HOLMAN &
LACKEY, ON BEHALF OF MASONS LANDING YACHT CLUB, LLC, TO MODIFY AN APPROVED
CONDITIONAL USE PLAN FOR MASONS LANDING YACHT CLUB AND REMOVE 4.19 ACRES OR
EIGHT LOTS FROM A 14.565 ACRE TRACT APPROVED FOR AN R-20 PERFORMANCE
RESIDENTIAL DEVELOPMENT LOCATED AT 7312 MASON LANDING ROAD (Z-838M,05111)
Chairman Barfield opened the Public Hearing and announced that the special use process requires a quasi-
judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all
persons who signed in to speak or who want to present testimony to step forward to be sworn in.
The following persons were sworn in:
Chris O'Keefe
Jane Daughtridge
Walter Lackey
Josh Mihaly
Craig Quinn
Senior Planner Jane Daughtridge reported that Holman & Lackey, on behalf of Masons Landing Yacht
Club, LLC, are requesting to modify a Conditional Use Permit for Masons Landing Yacht Club and remove 4.19
acres, or eight lots, from a 14.565 acre tract approved for an R-20 Performance Residential Development located at
7312 Mason Landing Road and presented a slide overview of the request.
In November 2007, about 4.7 acres of vacant land was added to a prior approved conditional district. A
conditional district is one in which there are no uses permitted by right, so each CD requires a companion special
use permit with site plan. This becomes the only allowable use and plan for the district. Property in the 2007 action
was under option by the original developer,but the sale was never completed. The current owner of a 4.19 acre tract
which was part of the November 2007 modification now wishes to disentangle from the project and be freed from
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,AUGUST 1,2011 PAGE 239
the privileges and obligations associated with a conditional use district,reverting back to the original R-20S zoning
district. The remaining half acre of land was acquired by the original developer and remains as part of the project.
This piece should be converted to CD R-15 so that there is no "spot zoning" remnant in the newly defined
conditional district. The site is classified as Wetland Resource Protection in the 2006 CAMA land use plan.
The Planning Board, at their May 5, 2011 meeting voted 5-0 to recommend approval of all three actions as
follows: 1) rezoning of 4.19 acres from CD (R-20) to R-20S; 2) rezoning the .51 acre from CD (R-20) to CD (R-
15);and 3)approve the modified site plan for the conditional district. No one from the public spoke on this item.
Chairman Barfield requested the Petitioner make their presentation.
Josh Mihaly, the Petitioner's representative, provided a brief overview of the request highlighting that the
request is to clean-up the site plan to provide consistency with the Mason Landing Yacht Club and that they wish to
proceed with the request and agree with staff's Findings of Facts.
Chairman Barfield asked if anyone from the public wished to speak in opposition to the request.
Hearing no further comments, Chairman Barfield requested direction from the Board.
Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger,to approve the request by Holman
&Lackey, on behalf of Masons Landing Yacht Club, LLC, to rezone 4.19 acres from CD (R-20)to R-20S finding
that the request is: 1) consistent with the purposes and intent of both the Conservation and Wetland Resource
Protection classification in the 2006 CAMA Land Use Plan; and 2)reasonable and in the public interest to rezone
4.19 acres of Conditional District CD (R-20) residential property to R-20S and remove it from the previously
approved residential subdivision of Masons Landing Yacht Club to make it consistent with the surrounding area.
Upon vote,the MOTION CARRIED UNANIMOUSLY.
Motion: Chairman Barfield MOVED, SECONDED by Commissioner Catlin,to approve the request by Holman&
Lackey, on behalf of Masons Landing Yacht Club, LLC, to rezone .51 acre from CD (R-20) to CD (R-15) finding
that the request is: 1) consistent with the purposes and intent of both the Conservation and Wetland Resource
Protection classification in the 2006 CAMA Land Use Plan; and 2)reasonable and in the public interest to rezone
.51 acre of Conditional District CD (R-20) residential property to Conditional District CD (R-15) to be consistent
with the remainder of the residential lots and subject to the site plan for the companion special use permit. Upon
vote,the MOTION CARRIED UNANIMOUSLY
Motion: Chairman Barfield MOVED, SECONDED by Commissioner Catlin,to approve the request by Holman&
Lackey, on behalf of Masons Landing Yacht Club,LLC,to approve the modified site plan for the conditional district
are positive with the following two conditions: 1) mutual rescinding of the lease agreement of 225 Mabee Way
between American Tower and the New Hanover County Board of Education; and 2) request by the Board of
Education to cancel 5-595. Upon vote,the MOTION CARRIED UNANIMOUSLY.
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 13.
Copies of the orders approving the modified site plan of the Conditional Use Permit and listing the findings
of facts are hereby incorporated as part of the minutes and contained in SUP Book IV,Page 37.
PUBLIC HEARING AND APPROVAL OF REQUEST BY MICHAEL EDWARDS TO AMEND
SECTIONS 59.3.4(6) AND 59.3.5 OF THE COUNTY'S ZONING ORDINANCE TO REVISE THE
DIMENSIONAL AND ACCESS REQUIREMENTS FOR THE AIRPORT INDUSTRIAL (AI) ZONING
DISTRICT(A-394,07/11)
Chairman Barfield opened the Public Hearing and requested staff to make the presentation.
Senior Planner Jane Daughtridge presented the request by Michael Edwards to amend Sections 59.3.4(6)
and 59.3.5 of the County's zoning ordinance to revise the dimensional and access requirements for the Airport
Industrial Zoning District and presented a slide overview of the request.
The proposed changes are highlighted in bold and are as follows:
• 59.3.4(6) Dimensional Requirements: Any property subdivided and recorded prior to 6/8/81 may be less
than the minimum lot area established for the district,provided such lots are located outside of an approach
zone for the New Hanover County Airport. (6/4/84) Additionally, any such property located within an
airport approach zone may be approved by the Board of County Commissioners pursuant to the
Conditional Use District process set forth in Sections 59.7.
• 59.3.5: Protection of Residential Areas-It is required, in order to protect and promote existing or future
residential development, that any means of direct access to or from any permitted or Special Use in the Al
Zone shall not be through any residentially zoned or developed area or along any street or road in any
residential subdivision. (3/9/88) The foregoing may be waived in Al Districts pursuant to the
Conditional Use District process set forth in Section 59.7.
Staff feels the change is consistent with the CAMA Land Use Plan,the stated intent of the ordinance and is
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,AUGUST 1,2011 PAGE 240
in the public interest because it provides opportunity to develop industrial proposals on older, nonconforming lots
that happen to fall within the airport approach zone and flexibility for access to Airport industrial property, after
conditional review and approval, on a case by case basis. The Planning Board, at their July 7, 2011 meeting,voted
7-0 to recommend approval of the amendment. No one from the public spoke on this issue.
In response to Board questions, Senior Planner Daughtridge clarified that if approved as presented, each
case would require Board of Commissioner approval. Currently the Board must approve any project consisting of
more than one acre of property.
In response to Board questions, Wilmington International Airport Deputy Director Julie Wilsey confirmed
that the airport is comfortable with the request as the process will require the Board's conditional approval assuring
that it is a compatible use.
Chairman Barfield asked if anyone from the public wished to speak in favor of the request noting that no
one had signed up to speak in opposition to the request.
Matt Nichols, Attorney for the Petitioner,presented an overview of the request stating that the Petitioner is
attempting to relocate a family business due to the extension of the I-140 Corridor. If approved as proposed,the text
amendment will allow the Board to consider a broader array of Al District rezoning requests on a case by case basis
determining compatibility.
Hearing no further comments, Chairman Barfield closed the Public Hearing and requested direction from
the Board.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the request by
Michael Edwards to amend Sections 59.3.4(6) and 59.3.5 of the County's zoning ordinance to revise the
dimensional and access requirements for the Airport Industrial Zoning District finding that the request is: 1)
consistent with the purposes and intent of Policy 4.2 and others adopted in the 2006 CAMA Land Use Plan; and 2)
reasonable and in the public interest to allow limited flexibility in the requirements for airport industrial zoning
districts with conditional use review and approval. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner
Davis 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 XXXIV,Page 12.5.
BREAK
Chairman Barfield called for abreak from 7:30 p.m.until 7:42 p.m.
PUBLIC HEARING AND APPROVAL OF REQUEST BY STAFF TO AMEND SECTION 53.5 OF THE
COUNTY'S ZONING ORDINANCE TO CLARIFY CERTAIN STANDARDS FOR ESTABLISHING A
PLANNED DEVELOPMENT(PD)ZONING DISTRICT(A-393,06/11)
Chairman Barfield opened the Public Hearing and requested staff to make the presentation.
Planning Director Chris O'Keefe and Assistant County Attorney Sharon Huffman presented the request by
staff to amend Section 53.5 of the County's zoning ordinance for clarification of certain standards for establishing a
Planned Development Zoning District and presented a slide overview of the request.
The County's Planned Development District was adopted in mid-1980 and focuses on proposals of 100 or
more acres with a mixed-use component; it has only been utilized five times since inception. Recent State court
rulings have called into question the ability of local governments to attach special fees for schools to development
proposals in their communities. The proposed amendment deletes the school and fire service fees, gives more
flexibility to the parking standards, clarifies the final plan approval, and adds density bonus charts. The Planning
Board,at their July 7, 2011 meeting,voted 7-0 to recommend approval of staff's request.
Chairman Barfield asked if anyone from the public wished to speak in favor of or in opposition to the
request.
Tyler Newman,Business Alliance for a Sound Economy, spoke in favor of the text amendment stating that
the special fees for schools has been successfully challenged in the court system across the State.
Hearing no further comments, Chairman Barfield closed the Public Hearing and requested direction from
the Board.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Chairman Barfield, to approve the request by staff
to amend Section 53.5 of the County's Zoning Ordinance for clarification of certain standards for establishing a
Planned Development Zoning District finding that the request is: 1) consistent with the purposes and intent of the
policies adopted in the 2006 CAMA Land Use Plan; and 2) reasonable and in the public interest to amend the
requirements to establish a Planned Development District by adding minor refinements and removing language that
could be potentially challenged in court.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 XXXIV,Page 12.6.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,AUGUST 1,2011 PAGE 241
APPOINTMENT OF CHAIRMAN BARFIELD AS VOTING DELEGATE TO THE NORTH CAROLINA
ASSOCIATION OF COUNTY COMMISSIONERS ANNUAL CONFERENCE
Chairman Barfield presented the request for the Board's consideration to appoint a voting delegate to the
North Carolina Association of County Commissioners 2011 Annual Conference to be held August 18-21, 2011 in
Cabarrus County. A voting delegate must be appointed and submitted by August 12, 2011. Chairman Barfield and
Commissioner Berger have been registered for the conference.
Chairman Barfield requested direction from the Board.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin,to appoint Chairman Barfield
as the New Hanover County voting delegate to the North Carolina Association of County Commissioners 2011
Annual Conference to be held August 18-21, 2011 in Cabarrus County as presented. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chairman Barfield 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.
ADJOURNMENT
There being no further business, Chairman Barfield adjourned the meeting at 8:23 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 and
on www.nhcgov.com/NHCLive or www.nhggov.com paQes.BOC/asps