2011-11-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 7,2011 PAGE 1
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, November 7,
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; Assistant County
Attorney Sharon Huffman;Deputy Clerk Teresa P.Elmore;and County Manager Bruce T. Shell.
Commissioner Berger arrived at 6:03 p.m.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Rick Houston,Pilgrim Rest Missionary Baptist Church,provided the invocation.
Vice-Chairman Thompson led the audience in the Pledge of Allegiance to the Flag.
REMOVAL OF ITEM 15 FROM THE AGENDA-PUBLIC HEARING AND CONSIDERATION OF TEXT
AMENDMENT TO SECTION 53.6 OF THE ZONING ORDINANCE TO CLARIFY CERTAIN
STANDARDS FOR ESTABLISHING AN EXCEPTIONAL DESIGN ZONING DISTRICT(A-392,09/11)
Motion: Commissioner Catlin MOVED, SECONDED by Chairman Barfield,to remove Item#15 from the Agenda:
Public Hearing and Consideration of Text Amendment to Section 53.6 of the Zoning Ordinance to Clarify Certain
Standards for Establishing an Exceptional Design Zoning District and send the text amendment back to the Planning
Board to reach a consensus with Staff on the regulations. Upon vote, the MOTION CARRIED 3 to 1. Vice-
Chairman Thompson voted in opposition.
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 items on the
Consent Agenda as presented. Upon vote,the MOTION CARRIED 4 to 0.
CONSENT AGENDA
Approval of Minutes—Governing Body
The Commissioners approved the minutes from the Regular Session meeting held on October 17, 2011 as
presented by the Clerk to the Board.
Adoption of Resolution to Accept the Miracle League Field Facilities at Olsen Park— Parks, Gardens and
Senior Resource Center
The Commissioners adopted the resolution accepting the Miracle League Field facilities located at Olsen
Park.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXIV,Page 19.1.
Acceptance of 2011 Homeland Security Grant Funds and Adoption of Budget Ordinance Amendment 12-082
—Sheriff's Office
The Commissioners accepted 2011 Homeland Security Grant funds for the Explosive Ordinance Disposal
Render Safe and Interoperability Project in the amount of$7,181 and adopted Budget Ordinance Amendment 12-
082. The funds will be used to purchase equipment used in responding to chemical, biological, radiological and
nuclear explosive incidents to more effectively render safe operations at such incidents. No local match is required.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 7,2011 PAGE 2
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXIV,Page 19.2.
Acceptance of 2011 Bureau of Justice Assistance Grant Funds—Sheriff's Office
The Commissioners accepted 2011 Bureau of Justice Assistance Grant funds in the amount of$4,180 and
adopted Budget Ordinance Amendment 12-081. The funds will be used to purchase bulletproof vests. The local
match of$4,180 will be allocated from the General Fund Contingency fund.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXIV,Page 19.3.
Adoption of Budget Ordinance Amendments—Budget Department
The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30,
2012:
12-071 - Social Services
12-073 - Social Services
12-074- Social Services
12-086- Social Services
12-075 -Emergency Management&911 Communications/Finance
12-080-Health
12-083 - Sheriff's Office
2012-22 Sheriff's Office
12-088-Tax
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXXIV,Page 19.4.
REGULAR ITEMS OF BUSINESS
ADOPTION OF PROCLAMATION RECOGNIZING NOVEMBER 11,2011 AS VETERANS DAY IN NEW
HANOVER COUNTY
Chairman Barfield reported that Veteran Services Officer Ellis Pinder requested the Board's consideration
to adopt the proclamation recognizing November 11,2011 as Veterans Day in New Hanover County.
Commissioner Davis read the proclamation into the record and moved for adoption.
Motion: Commissioner Davis MOVED, SECONDED by Vice-Chairman Thompson, to adopt the proclamation
recognizing November 11, 2011 as Veterans Day in New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Mr. Pinder was present to receive the proclamation on behalf of the County's veterans.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIV,Page 19.5.
ADOPTION OF RESOLUTION RECOGNIZING AMERICAN GOLD STAR MOTHERS
Chairman Barfield reported that Vice-Chairman Thompson requested the Board's consideration to adopt
the resolution recognizing the American Gold Star Mothers, Inc. A brief video was shown recognizing the not-for-
profit organization supporting those who have lost a child in military service whether the death was in combat,by
accident or through suicide.
Chairman Barfield read the resolution into the record and moved for adoption.
Motion: Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson, to adopt the resolution
recognizing the American Gold Star Mothers. Upon vote,the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 7,2011 PAGE 3
Norma Luther, National President and members from the Azalea Chapter of the American Gold Star
Mothers, Inc.,were present to receive the resolution.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIV,Page 19.6.
ADOPTION OF PROCLAMATION RECOGNIZING NOVEMBER 6-12, 2011 AS EMPLOY A VETERAN
WEEK IN NEW HANOVER COUNTY
Chairman Barfield reported that Employment Security Commission Manager Walker O. Biggs requested
the Board's consideration to adopt the proclamation recognizing November 6-12,2011 as Employ a Veteran Week in
New Hanover County.
Commissioner Catlin read the proclamation into the record and moved for adoption.
Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to adopt the proclamation
recognizing November 6-12, 2011 as Employ a Veteran Week in New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Mr. Biggs was present to receive the proclamation on behalf of the Employment Security Commission.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIV,Page 19.7.
ADOPTION OF RESOLUTION SUPPORTING THE RE-ESTABLISHMENT OF THE RAIL LINE
BETWEEN CASTLE HAYNE AND WALLACE
Wilmington Metropolitan Planning Organization Executive Director Mike Kozlosky presented the request
for the Board's consideration to adopt the resolution encouraging the North Carolina Department of Transportation
to re-establish the railroad line between Castle Hayne and Wallace and to double track the rail line for future freight
and passenger service highlighting the following:
• The Transportation Advisory Committee adopted a resolution supporting the re-establishment of the rail
line between Wallace and Castle Hayne at their September 28,2011 meeting.
• The twenty-seven mile rail corridor is state-owned and links New Hanover,Pender,and Duplin Counties.
• The re-establishment of the railroad tracks would improve freight rail options to support the North Carolina
State Ports Authority, military bases, improve access for moving products through the state's most
agriculturally active region and improve access to major population centers to the north and west.
• The re-establishment of the rail line would provide access to serve the military installation at Camp
Lejeune and also provide a second rail line out of the North Carolina State Ports in Wilmington linking the
Port to the interior of the state and supporting economic development.
• The reconstructed railroad tracks would also allow the introduction of passenger rail between Wilmington
and Raleigh via Goldsboro.
• The reconstructed railroad tracks would have significant and profound positive economic benefits for
Southeastern North Carolina.
The Commissioners discussed the importance of rail lines to the economic development of the Eastern part
of the State.
Motion: Chairman Barfield MOVED, SECONDED by Vice-Chairman Thompson, to adopt the resolution
encouraging the North Carolina Department of Transportation to re-establish the railroad line between Castle Hayne
and Wallace and to do everything in their power to double-track the rail line for future freight and passenger service
as presented. Upon vote,the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXIV,Page 19.8.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 7,2011 PAGE 4
CONSIDERATION OF BUY-SELL AGREEMENT FOR THE PURCHASE OF 127 SOUTH COLLEGE
ROAD
County Manager Shell presented the request for the Board's consideration to purchase 127 South College
Road, property adjacent to the Government Center and known as Break Time Billiards and Ten Pin Alley. The
installment purchase would be a cost-effective approach in buying the final part of the former Marketplace Mall
complex for the County without disrupting the current business. The lease payment would cover the cost of the
purchase as more money would be coming into the County than the actual cost. He introduced Steve Herbert, owner
of the property and Break Time Billiards and Ten Pin Alley.
Finance Director Avril Pinder presented background information on the County's purchase of other
property at the Government Center and reported that the Herbert Group, LLC is agreeable to selling the property
known as Break Time Billiards and Ten Pin Alley for$2,925,000 highlighting the following information:
• County purchased former Marketplace Mall- 134,655 square feet
• Relocate Main County Offices
• Added 9,000 square feet for EOC which opened in May 2006
• November 2002 relocated first County offices into Marketplace
• November 2006 final relocation of main County offices to Marketplace
• Locating the main administrative offices in one location provided for:
• One stop service to citizens
• Better access to parking
• Centrally located
• More meeting space and training rooms
• Last remaining parcel in the complex is now for sale.
• 37,500 square feet adjacent to the County Manager's office.
• Pros on Acquiring Parcel:
• Control destiny on how space can be used in the future.
• Provide opportunity for uniform appearance and upkeep.
• Provides 37,500 square feet for future needs.
• Lease payments cover debt service and maintenance while providing cash flow surplus.
• Cons on Acquiring Parcel:
• Retrofit required for conversion to office use.
• Real property will become tax exempt and no longer taxable.
• Immediate repairs to HVAC and electrical system needed.
• This is built into the financing model.
• Lease Terms:
• Nine years six months initial term.
• Security deposit to apply if breach during initial term.
• Rent and CAMS is$9.10 per square foot includes CPI escalator or 1.5%per year.
• Tenant responsible for all utilities;interior repairs and routine HVAC maintenance.
• Financing Terms:
• Low rate taxable financing.
• Fifteen year term at 4.99%.
• Total financed cost$3,175,000.
• Acquisition cost of$2,925,000.
• Repair costs of$250,000.
• Debt service years 1-9-$302,132 annually.
• Cumulative surplus in year 9 above net debt service in the amount of$542,933.
Finance Director Avril Pinder continued reporting that after conveying title to the County, the Herbert
Group would lease the property for an initial nine and one-half year term of $28,438 per month. Upon Board
authorization of the Buy-Sell Agreement, County Staff would complete environmental, survey, and title due
diligence and close. The County would later undertake a municipal financing to reimburse the purchase price and
associated expenses paid out of the General Fund. Staff requested the Board to approve the Buy-Sell Agreement
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 7,2011 PAGE 5
and adopt Budget Ordinance Amendment 12-061.
In discussion, Commissioner Catlin expressed concern that the County does not appear to have a clear and
defined need for the property as well as the County would be removing property from the tax rolls. Due to the
current economic climate,he felt it would be risky for the County to purchase and lease the property at this time.
Commissioner Berger said that he had many questions and concerns about purchasing the property without
knowing the ultimate use for the space and that he would need to know how the property fits into the Board's overall
strategic plan before moving forward in purchasing the property. He suggested that possibly selling other county
property and using the money to acquire this property would be an option. Staff has been asked to provide a list of
all county-owned properties for the Board's consideration.
Motion: Commissioner Berger MOVED, SECONDED by Vice-Chairman Thompson, to table the consideration of
the acquisition of 127 South College Road indefinitely.
Vice-Chairman Thompson suggested that the County Manager also provide a list of positions that were
State funded or supplemented by the State for the past four years that the County is now required to fund. He
believed that balancing the County's budget would become more difficult as the State continues to implement
unfunded mandates. Furthermore,he cautioned that someone from the private sector might want to capitalize on the
deal the County is being offered for 127 South College Road.
Chairman Barfield spoke on the need to have visionary leaders to prepare for future needs of the County in
15 to 20 years from now and he urged the Commissioners to move forward in purchasing the property for the long-
term use by the County. The hospital and the schools have responded to the demands of the community with new
expanded services and facilities and the County will need to accommodate that growth as well.
Commissioner Davis stated that the County responded to an urgent need when it replaced the former Fifth
and Chestnut Streets office building with the first purchase of property at the Government Center. He advocated the
need to reduce the size of government and to control spending and debt. He voiced his reservations on why, at this
particular time when there is no immediate need,the County should purchase additional property highlighting that as
long as it is rented it may not cost the tax payers a dime but when it is no longer rented, it will cost the tax payers
money.
Vote: Chairman Barfield called for the vote and the MOTION CARRIED 3 to 2. Commissioner Davis and
Commissioner Catlin voted in opposition.
Commissioners Davis and Catlin stated that they voted in opposition to the motion because they are ready
to vote to deny,not table,the acquisition request with Commissioner Catlin offering the following motion.
Motion: Commissioner Catlin MOVED to deny the request for the acquisition of 127 South College Road.
The Board held a brief discussion noting that another motion could not be entertained on the request since
the Board's vote had already been taken.
In response to Board discussion, Vice-Chairman Thompson stated since he voted on the presiding side to
the motion he would offer a motion to reconsider.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to reconsider the request to
acquire 127 South College Road. Upon vote,the MOTION CARRIED UNANIMOUSLY.
Motion: Vice-Chairman Thompson MOVED to deny the request for the acquisition of 127 South College Road and
not issue any further bonds or debt until next year's budget deliberations.
In response to questions concerning future bond debt,Finance Director Pinder responded that a dump truck,
compactor, and bailer are scheduled for installment purchases for the Environmental Management Department and
Cape Fear Community College is scheduled to receive$60 million bond funding for new construction in June 2012.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 7,2011 PAGE 6
In further discussion,Vice-Chairman Thompson amended his motion.
Motion: Vice-Chairman Thompson MOVED to deny the request for the acquisition of 127 South College Road and
not issue any further bonds or debt until next year's budget deliberations except in an emergency declared by the
Board. The motion failed for lack of a second.
Chairman Barfield called a re-vote on the original motion.
Motion: Commissioner Berger MOVED, SECONDED by Vice-Chairman Thompson, to table the consideration of
the acquisition of 127 South College Road indefinitely. Upon vote,the MOTION CARRIED 3 to 2. Commissioner
Davis and Commissioner Catlin voted in opposition.
A complete copy of the PowerPoint presentation is available for review in the Finance Department.
ADOPTION OF BUDGET ORDINANCE AMENDMENT 12-059 FOR APPROPRIATION OF FUND
BALANCE TO COVER ANTICIPATED COSTS FROM HURRICANE IRENE UNTIL FEMA
REIMBURSEMENT IS RECEIVED
Finance Director Avril Pinder presented the request for the Board's consideration to adopt Budget
Ordinance Amendment 12-059 for appropriation of fund balance to cover costs incurred from Hurricane Irene until
FEMA reimbursement is received.
In response to Hurricane Irene, New Hanover County opened the Emergency Operations Center and two
emergency shelters; $50,000 was originally budgeted for the event. Expenditures related to the storm preparation
and cleanup now exceeds $274,000. Staff is working with FEMA to prepare project worksheets to list these
expenses and request reimbursement. Budget Ordinance Amendment 12-059 is in the amount of$250,000.
Chairman Barfield requested direction from the Board.
Commissioner Catlin expressed concern that the County is requesting FEMA to reimburse a large amount
for normal salaries as well as overtime pay for non-exempt employees. As more demands are placed on FEMA for
assistance,he felt the County should not be looking for a handout from the federal government.
Motion: Commissioner Catlin MOVED, SECONDED by Commissioner Berger, to adopt Budget Ordinance
Amendment 12-059 for appropriation of fund balance to cover costs incurred from Hurricane Irene until FEMA
reimbursement is received and to direct Staff to revise the policy to exclude normal salary from FEMA
reimbursement and charge FEMA for overtime cost. Upon vote, the MOTION CARRIED 4 to 1. Chairman
Barfield voted in opposition.
A copy of the budget ordinance amendment is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXXIV,Page 19.9.
PUBLIC HEARING AND APPROVAL OF REQUEST BY CHARLIE DOWNS, ON BEHALF OF
O'REILLY AUTOMOTIVE STORES, INC., TO REZONE APPROXIMATELY 2.657 ACRES OF
PROPERTY LOCATED AT 5232 CAROLINA BEACH ROAD FROM R-15 MEDIUM-DENSITY
RESIDENTIAL TO B-2 HIGHWAY BUSINESS DISTRICT(Z-912,10/11)
Chairman Barfield opened the Public Hearing and requested Staff to make the presentation.
Current Planning and Zoning Manager Jane Daughtridge and Current Planner Nicole Dreibelbis presented
the request by Charlie Downs, on behalf of O'Reilly Automotive Stores, Inc.,to rezone approximately 2.657 acres of
property located at 5232 Carolina Beach Road from R-15 Medium-Density Residential to B-2 Highway Business
District and presented a slide overview of the request.
At the Planning Board's October 6, 2011 meeting, they voted 5-0 to recommend approval with Mr. Collier
being recused. Two adjacent property owners spoke in opposition, one citing concerns of traffic on Antoinette
Drive and the other questioning plans for an existing right-of-way, accessing his personal property.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 7,2011 PAGE 7
Staff feels the request is consistent with the intent for the B-2 Highway Business District designation, with
the additional calculations of adjacent existing B-2 Highway Business acreage and the property's principal means of
ingress and egress along Carolina Beach Road. Although the Conservation Land Classification is prevalent on this
site,allowing commercial development is perhaps a better choice than subjecting residential use to flood risks. Since
this intersection currently provides a commercial node on three of the four corners, and since there is stable flow of
traffic, Staff recommends approval.
Chairman Barfield asked if anyone from the public wished to speak in favor of or in opposition to the
request.
Jim Turvey, representative of O'Reilly Auto Parts the petitioner, presented the request to rezone the
property from R-15 to B-2 in order to extend commercial development in the future. Mr. Turvey confirmed that he
is ready to proceed with the request before the Board.
Hearing no further comments, Chairman Barfield closed the Public Hearing.
After brief discussion, Chairman Barfield requested direction from the Board.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Catlin, to approve the request by
Charlie Downs, on behalf of O'Reilly Automotive Stores, Inc., to rezone approximately 2.657 acres of property
located at 5232 Carolina Beach Road from R-15 Medium-Density Residential to B-2 Highway Business District
finding that the request is: 1) consistent with the purposes and intent of the Urban classification in the 2006 CAMA
Land Use Plan and although the Conservation Land Classification is prevalent on this site, allowing commercial
development is perhaps a better choice than subjecting residential use to flood risks; and 2) reasonable and in the
public interest to rezone 2.657 acres of R-15 Medium Density Residential property to B-2 Highway Business
District to make it consistent with the surrounding area. Upon vote,the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby
incorporated as a part of the minutes and is contained in Zoning Book I, Section 4,Page 89.
PUBLIC HEARING AND DENIAL OF REQUEST BY CINDEE WOLF WITH WITHERS & RAVENEL,
ON BEHALF OF B & M HOLDINGS, LLC, TO REZONE APPROXIMATELY 6.82 ACRES OF
PROPERTY LOCATED AT 8330 AND 8342 MARKET STREET FROM R-15 MEDIUM DENSITY
RESIDENTIAL TO CD (B-2)CONDITIONAL HIGHWAY BUSINESS DISTRICT(Z-913,10/11)
Chairman Barfield opened the Public Hearing and announced that the conditional 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
Nicole Dreibelbis
Thomas Melin
Cindee Wolf
John Bradshaw
Sandy Spradley
Jennifer Patterson
Matt Nichols
Bill Cottingham
Bill Batuyios
Dick Elmer
Jerry Covil
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 7,2011 PAGE 8
Current Planning and Zoning Manager Jane Daughtridge and Current Planner Nicole Dreibelbis presented
the request by Cindee Wolf with Withers&Ravenel, on behalf of B &M Holdings, LLC, to rezone approximately
6.82 acres of property located at 8330 and 8342 Market Street from R-15 Medium Density Residential to CD (B-2)
Conditional Highway Business District to locate a commercial facility to store RVs and boats and presented a slide
overview of the request.
At the Planning Board's October 6, 2011 meeting, the members voted 5-1 to recommend approval of the
rezoning request and special use permit. One adjacent property owner and one adjacent tenant spoke in opposition,
citing diminishing property values, traffic, and noise pollution as their primary concerns.
The rezoning request for both 8330 and 8342 Market Street is consistent with the 2006 CAMA Land Use
Plan, stated intent of the B-2 Highway Commercial Zoning District, and the Porters Neck Small Area Plan. The
commercial storage of RVs and boats in close proximity to the neighborhoods they serve constitutes a low impact
business with limited traffic. Therefore, Staff recommends approval of the conditional rezoning portion of the
request with the following conditions:
1. A privacy fence be installed as part of the buffer requirement;
2. The driveway and maneuvering area consist of and remain gravel;
3. Operating hours be 7 a.m.to 9 p.m.;and
4. The wash-down area shall be clearly delineated on the site plan and boat motors will not be operated
outside this area.
Chairman Barfield asked if anyone from the public wished to speak in favor of the request.
Thomas Melin,managing member of B&M Holdings,presented an overview of the request stating B&M
Holdings is the owner of Scott's Hill Marina and they need to expand their business for additional boat storage.
They desire to use their property at 8330 and 8342 Market Street for the expansion.
Cindee Wolf, Withers & Ravenel on behalf of B & M Holdings, presented the site plans for the storage
facility. The plans consist of a three-sided structure to store boats and recreational vehicles. A fifty-foot buffered
area and wood fence would provide privacy for the adjacent homeowners. Access is available from Futch Creek
Road and US Highway 17 where signal lights are present. The service road would adequately handle the traffic
going into the business and the property is suitable as a developing commercial node. They agreed with Staff's
recommended conditions.
BREAK Chairman Barfield called for a break from 7:46 p.m.until 7:56 p.m.
Chairman Barfield asked if anyone from the public wished to speak in opposition to the request.
Sandy Spradley, 8376 Market Street, spoke in opposition to the proposed rezoning request. She expressed
concern that the boats would be dropped off alongside the road after business hours and block neighborhood streets.
Furthermore, Futch Creek Road is not wide enough to accommodate vehicles pulling large boats; and the
commercial use of the property is not suitable for the residential community.
Jennifer Patterson, 416 Tibby's Drive, spoke in opposition to the rezoning stating it would have a negative
impact on her property value and she opposed the commercial use because of noise and traffic that would come from
the business. She stated that she was not notified of the public hearing and the signage for the meeting was not
visible by most residents.
Matt Nichols, Attorney with Shanklin and Nichols representing adjacent property owner Bill and Jana
Cottingham, 203 Porters Neck Road, spoke in opposition to the proposed storage facility. He argued that the
intended use would be more like a commercial marina with dry-stacked boat storage with the main business being
moving boats to and from Scotts Hill Marina. Furthermore, the Old Market Street should not be designated as a
collector street since the two-lane narrow road is a dead-end off Highway 17 and it would not support commercial
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 7,2011 PAGE 9
uses. As the proposed use is not appropriate for the surrounding residential property and inconsistent with the
Porters Neck Area Plan,he requested denial of the rezoning.
Bill Cottingham, 203 Porters Neck Road, presented a petition from the community in opposition to the
rezoning. He expressed concern that the proposed use would generate too much traffic and noise for the residential
neighborhood.
Bill Batuyios, State Certified Residential Real Estate Appraiser with Atlantic Appraisal Services, stated that
in his professional opinion, the proposed use would have substantial adverse effect on the property value of the
adjoining homes and estimated the reduction in value would be 5 to 10 percent. He considered that the storage
facility would not be a suitable use for the property and requested the Board to deny the rezoning request.
The following rebuttal comments in favor of the proposed rezoning were received.
Thomas Melin,the petitioner, stated that the property would not be used as a commercial marina as they do
not plan to provide dry stacked boat storage or maintenance and repair services. There would be no traffic impact
on Porters Neck Road as the intended use would generate very few trips per day. Additional buffering would
protect the residential community from any noise from the business. The proposed storage facility meets the needs
of boat owners who have restricted covenants and are not allowed to store boats at their homes.
Cindee Wolf presented a letter for the record from Albert Jay Cottle, Jr., a State Certified Real Estate
Appraiser, which states that the proposed use should not have any adverse effect on the market value of the
adjoining four properties. Ms. Wolf noted that the storage facility would generate seven trips per day on average.
The following rebuttal comments in opposition to the request were received.
Matt Nichols objected to Mr. Cottle's certified statement for the appraisal since Mr. Cottle was unavailable
for questions and he asked that the petitioners' statements on the effects on the property value be removed from the
record as Ms. Wolf and Dr. Melin are not certified appraisers as required in G.S. 168-393K(3). He also argued that
Ms. Wolf and Dr. Melin are not attorneys and are not authorized to represent the petitioner in a rezoning case and
other quasi-judicial hearings before the Board as stated in the 2006 and 2007 State Bar Ethics Opinion.
Bill Batuyios responded that 14 residential properties would be adversely affected by the proposed
commercial use.
Sandy Spradley stated no other commercial property was near the residential properties.
Dick Elmer, 8323 Vintage Club Circle, spoke on traffic concerns for the Porters Neck area and that
additional road frontage would be needed by NCDOT for future road improvements, which would conflict with the
proposed facility.
Hearing no further comments, Chairman Barfield closed the Public Hearing.
In response to Board questions,Planning and Inspections Director O'Keefe explained that the property is in
a transitional area and would be more suitable for a higher commercial use in the future, as it aligns with the
shopping area on the south side of Porters Neck Road.
Thomas Melin agreed with Staff's findings and recommended conditions and confirmed for the Board to
proceed with the rezoning request.
After brief discussion, Chairman Barfield requested direction from the Board.
Motion: Chairman Barfield MOVED, SECONDED by Commissioner Berger, to approve the request by Cindee
Wolf with Withers&Ravenel, on behalf of B &M Holdings, LLC, to rezone approximately 6.82 acres of property
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 7,2011 PAGE 10
located at 8330 and 8342 Market Street from R-15 Medium Density Residential to CD (B-2) Conditional Highway
Business District finding that the request is: 1) consistent with the purposes and intent of the Transition
classification in the 2006 CAMA Land Use Plan and is consistent with the goals and objectives contained within the
1989 Porters Neck Small Area Plan and subsequent community meeting held in 2010; and 2) reasonable and in the
public interest to rezone 5 acres of R-15 Residential District property to B-2 Highway Business District in order to
locate a commercial service in proximity to the market it serves, while preserving the area's existing residential
neighborhood and quality of life. Upon vote, the MOTION FAILED 2 to 3. Vice-Chairman Thompson,
Commissioner Davis,and Commissioner Catlin voted in opposition.
PUBLIC HEARING AND APPROVAL OF REQUEST BY CINDEE WOLF WITH WITHERS &
RAVENEL, ON BEHALF OF ARCHIE MCGIRT AND JANET BATTEN TO REZONE
APPROXIMATELY 6.93 ACRES LOCATED AT 5050 CAROLINA BEACH ROAD FROM R-10
RESIDENTIAL TO CD (B-2)CONDITIONAL HIGHWAY BUSINESS DISTRICT (Z-914,10/11)
Chairman Barfield opened the Public Hearing and announced that the conditional 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
Nicole Dreibelbis
Mark Carter
Archie McGirt
Janet Batten
Cindee Wolf
Robert T. Glenn
Archie McGirt,III
Brett Waress
Current Planning and Zoning Manager Jane Daughtridge and Current Planner Nicole Dreibelbis presented
the request by Cindee Wolf, Withers & Ravenel, on behalf of Archie McGirt and Janet Batten to rezone
approximately 6.93 acres located at 5050 Carolina Beach Road from R-10 Residential to CD (B-2) Conditional
Highway Business District and presented a slide overview of the request.
The request is to locate a boat and RV storage facility as a stand-alone CD(B-2) Conditional Use District
that is adjacent to an existing CD(B-2) District with a self-storage facility, and owned by the same entity. A
preliminary plat for a 23 lot subdivision called Zoysia Place was approved in 2009,but rezoning will invalidate that
plat since a conditional use district requires that no use can be made of the property except the approved site plan.
The Planning Board, at their October 6, 2011 meeting voted 5-1, to recommend approval with Staff's
recommended conditions and three additional conditions as follows:
• A privacy fence sufficient to also enhance neighborhood security should be utilized as part of the
buffering option;
• The lot surface should remain gravel so that the property might more easily transition back to
residential use if market conditions improve and demand shifts in the future;and
• The hours of access will be limited to 7 a.m.to 9 p.m.
• Installation of security cameras
• Position the light poles in the middle of the parking lot
• Equip lighting with cones to cast light downward
Staff feels that the rezoning request for 5050 Carolina Beach Road is consistent with the 2006 CAMA Land
Use Plan and the ordinance even though the stated intent that the B-2 Highway Zoning District is for B-2 Districts to
be located on collector roads, minor or major arterial roadways. In this case,the property actually fronts on Archmil
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 7,2011 PAGE 11
Road, which is a private street not classified on the thoroughfare plan. Nevertheless, the adjacency to an existing
self-storage facility with direct access onto Carolina Beach Road and owned by the same entity provides an
alternative to the private road access through the existing mini storage facility if required. Therefore, Staff
recommends approval of the rezoning portion of the request.
Chairman Barfield asked if anyone from the public wished to speak in favor of the request.
Mark Carter, Attorney with Morgan and Carter representing the petitioners Archie McGirt and Janet
Batten, presented the request for the boat and recreational vehicle storage facility. The property will be associated
with the mini storage facility fronting Carolina Beach Road and the office area will be used for both sites. The
proposed use is a good transition for the property and meets all the requirements of the Zoning Ordinance.
Cindee Wolf, Withers & Ravenel, speaking on behalf of the petitioners Archie McGirt and Janet Batten,
presented the site plans for the proposed project. The property would be used for parking of boats and RVs and no
utilities would be provided. The buffer area has been expanded to 25 feet and includes a solid wood fence and a 30-
foot drainage easement. Stormwater management would have no effect on adjoining properties and lighting would
not escape outside the parking facility. The plan meets the criteria of the Subdivision and Zoning Ordinances and
the proposed use would not be a large trip generator.
Archmil Way, the road through the storage facility, is owned by Monkey Junction Self-Service and is a
private access easement. The road was approved by Fire Services and provides an interconnection to Archmil Place
Subdivision. Archmil Place Subdivision was developed from the other side of the property and has access onto
Silver Lake Road.
Robert T. Glenn, State Certified General Real Estate Appraiser, presented an assessment of the property
and stated that based on the plans for the project, he found no negative aspects to value and concluded that the
adjoining properties would not decline in value due to the proposed use.
Chairman Barfield asked if anyone from the public wished to speak in opposition to the request.
Brett Waress, 1206 Beaman Lane in Archmil Place Subdivision, spoke in opposition of the proposed
project stating that the proposed use would endanger public safety due to the road width and stormwater drainage in
a floodplain area. As the owner was granted a waiver from road width requirements, he did not believe the road
would adequately handle traffic from vehicles pulling large boats and other recreational vehicles at the 90-degree
turn. The owner should widen the road to accommodate the heavier traffic use. He recapped problems the
homeowners have encountered over the years with the developer of the subdivision concerning the roads and water
quality. He argued that the proposed use would not be in harmony with the area and would diminish quality of life
and property values. He was also concerned about the drainage from the property going into a floodplain.
The following rebuttal comment in favor of the rezoning was received.
Archie (Trey) McGirt, III, 5404 Beretta Way, stated that the proposed use would provide a service for the
community and would not have a negative impact from noise and lighting on the homeowners. As a former
homeowner in the Archmil Subdivision, he spoke on the recent sale of his home that shows that the property values
have increased in value. He reported that residents in the subdivision use the entrance located on Silver Lake Road
in order to cross Carolina Beach Road at a traffic signal instead of using Archmil Way. Security cameras will
monitor the site from the office.
The following rebuttal comment in opposition to the request was received.
Brett Waress expressed concerned that management would be unable to properly oversee the proposed
facility from the office with security cameras and he disagreed with the appraisal because it did not consider the
traffic issues of boats and RVs traveling on the narrow road to the site.
Hearing no further comments, Chairman Barfield closed the Public Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 7,2011 PAGE 12
After a brief discussion on the road width requirements and traffic concerns, Chairman Barfield requested
direction from the Board.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger, to approve the request by
Cindee Wolf with Withers & Ravenel, on behalf of Archie McGirt and Janet Batten to rezone approximately 6.93
acres located at 5050 Carolina Beach Road from R-10 Residential to CD (B-2) Conditional Highway Business
District finding that the request is: 1) consistent with the purposes and intent of the transitioning land classification
in the 2006 CAMA Land Use Plan; and 2) reasonable and in the public interest to rezone 3.05 acres of R-10
residential property to Conditional District CD (B-2)to be consistent with the adjacent existing mini storage facility
with direct access to Carolina Beach Road and owned by the same entity. Upon vote,the MOTION CARRIED 3 to
2. Commissioner Davis and Commissioner Catlin voted in opposition.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger,to grant a special use permit
request by Cindee Wolf with Withers&Ravenel, on behalf of Archie McGirt and Janet Batten, to locate a boat and
RV storage facility at 5050 Carolina Beach Road concluding that the findings are positive with the following
conditions: 1) a privacy fence sufficient to also enhance neighborhood security should be utilized as part of the
buffering option; 2) the lot surface should remain gravel so that the property might more easily transition back to
residential use if market conditions improve and demand shifts in the future; 3)the hours of access will be limited to
7 a.m. to 9 p.m.; 4)install security cameras for monitoring from the office; 5)position the light poles in the middle
of the parking lot;and 6)equip light fixtures with cones to cast the lighting downward.
In discussion, Commissioner Catlin expressed concern about the tight turning radius in the curve on
Archmil Way and felt that a condition for road improvements should be included on the site plan to accommodate
the large vehicular traffic.
Cindee Wolf responded that the petitioners would be willing to flatten out the curb,but she cautioned that
improvements might cause traffic to move faster along the road,which could result in vehicular accidents.
In response to questions about the enforcement of the conditions, Planning and Inspections Director
O'Keefe explained that the Certificate of Occupancy should be held until all the conditions of the site plan have
been met. The County Engineer would review the standards for the turning radius for RVs and trailered boats and
determine the improvements for the roadway.
Vice-Chairman Thompson agreed to add the condition to his motion to improve the turning radius on
Archmil Way to the extent possible based on standards approved by the County Engineer.
Motion: Vice-Chairman Thompson MOVED, SECONDED by Commissioner Berger,to grant a special use permit
request by Cindee Wolf with Withers&Ravenel, on behalf of Archie McGirt and Janet Batten, to locate a boat and
RV storage facility at 5050 Carolina Beach Road concluding that the findings are positive with the following
conditions: 1) a privacy fence sufficient to also enhance neighborhood security should be utilized as part of the
buffering option; 2) the lot surface should remain gravel so that the property might more easily transition back to
residential use if market conditions improve and demand shifts in the future; 3)the hours of access will be limited to
7 a.m. to 9 p.m.; 4)install security cameras for monitoring from the office; 5)position the light poles in the middle
of the parking lot; 6) and equip light fixtures with cones to cast the lighting downward; and 7) make road
improvements on Archmil Way to the extent possible to accommodate the standard turning radii for trailered boats
and RVs as approved by County Engineering. 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 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby
incorporated as a part of the minutes and is contained in Zoning Book I, Section 4,Page 90.
A copy of the order granting the Special Use Permit and listing the findings of facts is contained in SUP
Book IV,Page 39.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 32
REGULAR MEETING,NOVEMBER 7,2011 PAGE 13
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 comments were presented.
ADJOURNMENT
There being no further business, Chairman Barfield adjourned the meeting at 9:58 p.m.
Respectfully submitted,
Teresa P.Elmore
Deputy 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.nhggov.com/NHCLive or www.nhcgov.com/pgges.BOC/asps