HomeMy WebLinkAboutAgenda 2014 02-03AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
WOODY WHITE, CHAIRMAN - BETH DAWSON, VICE -CHAIR
JONATHAN BARFIELD, JR., COMMISSIONER - BRIAN M. BERGER, COMMISSIONER - THOMAS WOLFE, COMMISSIONER
CHRIS COUDRIET. COUNTY MANAGER - WANDA COPLEY. COUNTY ATTORNEY - SHEILA SCHULT. CLERK TO THE BOARD
FEBRUARY 3, 2014 6:00 PM
MEETING CALLED TO ORDER (Chairman Woody White)
MOMENT OF SILENCE (Chairman Woody White)
PLEDGE OF ALLEGIANCE (Vice -Chair Beth Dawson)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Adoption of Resolution in Opposition to 2014 North Carolina
Homeowners Insurance Rate Increase
3. Approval of Inclusion of New Hanover Regional Medical Center Debt
with County Debt in the NC Debt Setoff Program
4. Adoption of Budget Amendments
ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS
MINUTES
30 5. Public Hearing
Zoning Ordinance Text Amendment (A -417, 1/14) — Request by Cindee
Wolf of Design Solutions to Amend Article 11: Definitions, Article V:
District Regulations Section 50: Table of Permitted Uses, and Article
VIII: Provisions for Uses Allowed as Special Uses Section 72: Additional
Restrictions Imposed on Certain Special Uses to Allow Recreation
Vehicle and Boat Trailer Storage Lots as a Use Permitted by Right with
Supplemental Standards in the B -1, B -2, 1 -1, 1 -2, Office and Institutional,
Airport Residential, and Airport Industrial Zoning Districts, and by
Special Use Permit with Supplemental Standards in the PD, R -15, R -10,
and R -7 Zoning Districts
15 6. Public Hearing
Zoning Map Amendment (Z -929, 1/14) — Request by Kenneth Orndorff
of BRM Associates #1, LLC to Rezone 1.81 Acres Located at 5932
Carolina Beach Road from CD (B -1) Neighborhood Business District to
B -2, Highway Business District
40 7. Public Hearing
Special Use Permit Request (S -615, 11/13) — Request by SEL Property
Board of Commissioners - February 3, 2014
Investors, LLC to Develop a Community Boating Facility in Conjunction
with a Single Family Detached Residential Community on a 75.17 -Acre
Parcel on Masonboro Loop Road Near Aqua Vista Drive
PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes
ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS
MINUTES
10 8. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
9. ADJOURN
Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will
move forward until the agenda is completed.
Mission
New Hanover County is committed to progressive public policy, superior
service, courteous contact, judicious exercise of authority, and sound fiscal
management to meet the needs and concerns of our citizens today and tomorrow.
Vision
A vibrant prosperous, diverse coastal community,
committed to building a sustainable future for generations to come.
Core Values
Integrity - Accountability - Professionalism - Innovation - Stewardship
Board of Commissioners - February 3, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: February 3, 2014
CONSENT
DEPARTMENT: PRESENTER(S): Chairman White
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Work Session Meeting held on January 16, 2014
Agenda Review Meeting held on January 16, 2014
Regular Meeting held on January 21, 2014
Closed Session Meeting held on January 21, 2014
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Approved 4 -0.
Board of Commissioners - February 3, 2014
ITEM: 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: February 3, 2014
CONSENT
DEPARTMENT: County Manager PRESENTER(S): Carey Disney Ricks, Public and Legislative Affairs
Manager
CONTACT(S): Carey Disney Ricks
SUBJECT
Adoption of Resolution in Opposition to 2014 North Carolina Homeowners Insurance Rate Increase
BRIEF SUMMARY:
The North Carolina Rate Bureau is requesting a statewide homeowner insurance rate increase of an average
25% with increases in the southeastern region in the 35% range. New Hanover County opposed a similar
proposed increase in 2012 with consideration of the burden to our state and regional citizens. The North
Carolina Department of Insurance is holding a public comment period ending on February 3rd. On January
27th New Hanover County submitted the following:
Dear Commissioner Goodwin:
On behalf ' of ' the citizens and elected leadership of 'New Hanover County, we appreciate this opportunity to
convey our sincere concern and opposition to the recent proposed homeowners insurance rate increase. The
state average in excess of 25% is alarming, but more so disconcerting is the potential and disproportionate
financial burden of ' rate increases proposed in the 35 %+ range for our citizens in southeastern North
Carolina. Your participation and support of North Carolina citizens during the 2012 rate increase request
and your continued willingness to carefully review and respond to issues as they may impact North Carolina
citizens is appreciated. New Hanover County implores you to once again consider the best interest of North
Carolina and New Hanover County and to ultimately deny this request put forward by the insurance
carriers.
Thank you for your consideration of this very important issue.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Influence legislation and external mandates to enhance local autonomy
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
ATTACHMENTS:
Homeowners Insurance Rate Resolution
Board of Commissioners - February 3, 2014
ITEM: 2
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - February 3, 2014
ITEM: 2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION IN OPPOSITION TO 2014 NORTH CAROLINA
HOMEOWNERS INSURANCE RATE INCREASE
WHEREAS, the North Carolina Rate Bureau, in its capacity as a representative of the insurance industry, has
requested from the Department of Insurance a 35% rate increase in homeowner's insurance for large parts of New
Hanover County; and
WHEREAS, many Eastern North Carolina counties have been hit with rate increases in every rate cycle since
1992 including 2002, 2005, 2007, 2009, and again in 2012; and
WHEREAS, homeowners in coastal communities already pay homeowner's premiums two to three times the rate
charged for the same type of homeowners policies (fire, theft, etc.) of inland properties, in addition to having
separate flood, as well as wind and hail policies; and
WHEREAS, New Hanover County, as well as other coastal counties in North Carolina, is experiencing difficult
economic times that are currently gripping our nation; and
WHEREAS, additional increases would once again place an undue and excessive burden on homeowners and the
economy in coastal communities; and
WHEREAS, loss experience does not justify this 35% rate increase, especially since significant losses were
experienced in areas other than the coast of North Carolina.
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby
opposes the 35% or any rate increase in homeowners insurance requested by the North Carolina Rate Bureau and
finds it unjustified and unnecessary; and
BE IT FURTHER RESOLVED, that the New Hanover County Board of Commissioners fully supports the
Commissioner of Insurance in his public efforts to encourage the North Carolina Rate Bureau to withdraw the rate
filing immediately; and
BE IT FURTHER RESOLVED, that the New Hanover County Board of Commissioners encourages New
Hanover County residents and property owners to participate in this governmental process by filing comments
and making their position known regarding this issue by submitting written comments to the North Carolina
Department of Insurance, Property & Casualty Division, 1201 Mail Service Center, Raleigh, NC 27699 or
emailing concerns to 2014homeownersAancdoi.ov by the January 31, 2014 deadline; and
BE IT FURTHER RESOLVED, that the New Hanover County Board of Commissioners also requests that the
North Carolina Insurance Commissioner conduct a public hearing on the proposed rate increases to include actual
loss history in Eastern North Carolina in the calculation of the rate increases.
ADOPTED this the 3rd day of February, 2014.
NEW 14ANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners - February 3, 2014
ITEM: 2 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: February 3, 2014
CONSENT
DEPARTMENT: PRESENTER(S): Lisa Wurtzbacher, Finance Director
CONTACT(S): Lisa Wurtzbacher
SUBJECT
Approval of Inclusion of New Hanover Regional Medical Center Debt with County Debt in the NC
Debt Setoff Program
BRIEF SUMMARY:
North Carolina's Debt Setoff program assists North Carolina local governments with the recovery
of delinquent debts by offsetting debtors' North Carolina state tax refunds and Education lottery
winnings. The County has used the state's debt setoff program since 2006 to collect delinquent accounts such
as property taxes, animal control citations, sheriff and fire citations, health department charges, and library
fees. Since inception of this program, the County has collected $1,060,721 through debt setoff, with the
amounts collected each year steadily increasing.
New Hanover Regional Medical Center (NHRMC) has requested that the County collect a portion of their
delinquent debts through the state's debt setoff program. New Hanover County has a guarantor relationship
with the county -owned hospital and is vested in its financial well - being. Any positive impact the debt setoff
program can have on New Hanover Regional Medical Center (NHRMC) benefits the County and the
community as a whole. It is a component unit of the County and the County is the issuer of NHRMC's
bonded debt. Further, NHRMC's realty and fixtures are owned by the County and the Board of County
Commissioners appoints the governing board of trustees for NHRMC.
Including NHRMC's delinquent debt in the debt setoff program is not expected to cause the County
any significant additional costs and NHRMC will repay the County for any costs borne by including them in
this program. The County's debts will continue to have priority over the debts submitted on behalf of
NHRMC. Only individuals who have gone through the normal collections process unsuccessfully and have
been placed in a bad debts status will be submitted to the program. It will not be used for individuals
approved for charity care, children under 18 or those who are current on an approved payment plan.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Develop appropriate public /private partnerships
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve staff to enter into an interlocal agreement with NHRMC for it to participate with the County in the
NC debt setoff program.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners - February 3, 2014
ITEM: 3
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - February 3, 2014
ITEM: 3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: February 3, 2014
CONSENT
DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin
SUBJECT
Adoption of Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30,
2014:
14 -048 - DSS
14 -050 - Sheriff
14 -051 - Sheriff
STRATEGIC PLAN ALIGNMENT:
Strong Financial Performance
• Control costs and manage to the budget
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinances for the budget amendments listed.
ATTACHMENTS:
B/A 14 -048
B/A 14 -050
B/A 14 -051
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - February 3, 2014
ITEM: 4
AGENDA: February 3, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET
BY BUDGET AMENDMENT 14 - 048
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 14 -048 be made to the annual budget ordinance for the fiscal year ending
June A2730, 2014.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Provide health / wellness education, programs, and services
Fund: General
Department: DSS
Exp enditure:
Decrease
Increase
DSS
$33,030
Total
$0
$33,030
Revenue:
Decrease
Increase
DSS
$33,030
Total
$0
$33,030
Section 2: Explanation
DSS received additional IV -D Incentive monies to be reinvested into the Fatherhood Support Program.
This program works with non - custodial fathers to increase child support payments through the
improvement of father /child visitations and relationships, and enhancing fathers' employability.
This program requires no new County dollars.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 14 -048, amending the annual budget
ordinance for the fiscal year ending June 30, 2014, is adopted.
Adopted, this 3rd day of February, 2014.
(SEAL)
Woody White, Chairman
ATTEST:
Sheila L. Schutt, Clerk to the Board
Board of Commissioners - February 3, 2014
ITEM: 4 - 1 - 1
AGENDA: February 3, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET
BY BUDGET AMENDMENT 14 - 050
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 14 -050 be made to the annual budget ordinance for the fiscal year ending
June 30, 2014.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: Federal Forfeited Property Fund
Department: Sheriff
Exp enditure:
Decrease
Increase
Sheriffs Office
$59,217
Total
$0
$59,217
Revenue:
Decrease
Increase
Sheriffs Office
$59,217
Total
$0
$59,217
Section 2: Explanation
To budget Federal Forfeited Fund receipts for 12/30/13 and 1/6/14. Federal Forfeited Property funds are
budgeted as received and must be used for law enforcement as the Sheriff deems necessary. The current
balance in the Federal Forfeited Property Fund is S78,852.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 14 -050, amending the annual budget
ordinance for the fiscal year ending June 30, 2014, is adopted.
Adopted, this 3rd day of February, 2014.
(SEAL)
Woody White, Chairman
ATTEST:
Sheila L. Schutt, Clerk to the Board
Board of Commissioners - February 3, 2014
ITEM: 4 - 2 - 1
AGENDA: February 3, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET
BY BUDGET AMENDMENT 14 - 051
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 14 -051 be made to the annual budget ordinance for the fiscal year ending
June 30, 2014.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: Controlled Substance Tax Fund
Department: Sheriff
Exp enditure:
Decrease
Increase
Sheriffs Office
$9,446
Total
$0
$9,446
Revenue:
Decrease
Increase
Sheriffs Office
$9,446
Total
$0
$9,446
Section 2: Explanation
To budget Controlled Substance Tax receipts for 11/20/13 and 12/30/13 and interest on investments.
Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as Sheriff
deems necessary. The current balance in the Controlled Substance Tax Fund is S42,378.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 14 -051, amending the annual budget
ordinance for the fiscal year ending June 30, 2014, is adopted.
Adopted, this 3rd day of February, 2014.
(SEAL)
Woody White, Chairman
ATTEST:
Sheila L. Schutt, Clerk to the Board
Board of Commissioners - February 3, 2014
ITEM: 4 - 3 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: February 3, 2014
REGULAR
DEPARTMENT: PRESENTER(S): Benjamin Andrea, Current Planner (Planning
Board Rep: Dan Hilla)
CONTACT(S): Ken Vafier, Planning & Zoning Supervisor and Chris O'Keefe, Planning & Inspections
Director
SUBJECT
Public Hearing
Zoning Ordinance Text Amendment (A -417, 1/14) — Request by Cindee Wolf of Design Solutions to
Amend Article IL• Definitions, Article V: District Regulations Section 50: Table of Permitted Uses, and
Article VIII: Provisions for Uses Allowed as Special Uses Section 72: Additional Restrictions Imposed
on Certain Special Uses to Allow Recreation Vehicle and Boat Trailer Storage Lots as a Use Permitted
by Right with Supplemental Standards in the B -1, B -2, I -1, I -2, Office and Institutional, Airport
Residential, and Airport Industrial Zoning Districts, and by Special Use Permit with Supplemental
Standards in the PD, R -15, R -10, and R -7 Zoning Districts
BRIEF SUMMARY:
The initial proposal submitted by the applicant defined the use of "Recreational Vehicle and Boat Trailer
Storage Lots" and would have allowed the use by right in the commercial - oriented zoning districts and by
special use permit in the residential districts. Planning Staff made some minor revisions to the original
proposal, staying consistent with the applicant's initial concept, and then presented that draft to the Planning
Board at their January 9, 2014 meeting.
At the Planning Board meeting, no one from the public spoke in support of the proposed amendment. One
person spoke in opposition to the amendment citing concerns about locating RV and boat storage facilities in
residential neighborhoods and concerns about spot zoning, as well as the need to discuss the topic during
the process to create the County's comprehensive plan.
After some discussion, the Planning Board revised the amendment to strike the use allowance by special use
permit in the residential districts, but retaining the remainder of the language. The Planning Board then
voted 6 -0 to recommend approval of the revised version.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Board of Commissioners - February 3, 2014
ITEM: 5
Action Needed:
1. Approve as recommended; or
2. Approve with changes; or
3. Continue for further information; or
4. Deny the amendment.
Staff Recommended Motion:
Approve the amendment as recommended by the Planning Board.
ATTACHMENTS:
A -417 Script
A -417 Amendment
A -417 Application
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval as presented by staff.
COMMISSIONERS' ACTIONS:
Approved 3 -1 as recommended by the Planning Board and presented by staff, Commissioner Wolfe
dissenting.
Board of Commissioners - February 3, 2014
ITEM: 5
ITEM #
SCRIPT FOR TEXT AMENDMENT A -417, 1/14
REQUEST BY CINDEE WOLF OF DESIGN SOLUTIONS TO AMEND ARTICLE II:
DEFINITIONS, ARTICLE V: DISTRICT REGULATIONS SECTION 50: TABLE OF
PERMITTED USES, AND ARTICLE VIII: PROVISIONS FOR USES ALLOWED AS
SPECIAL USES SECTION 72: ADDITIONAL RESTRICTIONS IMPOSED ON
CERTAIN SPECIAL USES TO ALLOW RECREATION VEHICLE AND BOAT
TRAILER STORAGE LOTS AS A USE PERMITTED BY RIGHT WITH
SUPPLEMENTAL STANDARDS IN THE B -1, B -2, 1 -1, 1 -2, OFFICE AND
INSTITUTIONAL, AIRPORT RESIDENTIAL, AND AIRPORT INDUSTRIAL ZONING
DISTRICTS, AND BY SPECIAL USE PERMIT WITH SUPPLEMENTAL STANDARDS
IN THE PD, R -15, R -10, AND R -7 ZONING DISTRICTS.
Cy: /_11 N iv v_1►1
1. This is a public hearing. We will first hear a presentation from staff. Then proponents of
the text amendment and opponents of the text amendment will each be allowed 15
minutes total to speak. An additional 5 minutes of rebuttal will be allowed for each side.
2. Open the public hearing.
a. Staff Presentation
b. Proponent's presentation (up to 15 minutes)
C. Opponent's presentation (up to 15 minutes)
d. Proponent's rebuttal (up to 5 minutes)
e. Opponent's rebuttal (up to 5 minutes)
3. Close the public hearing.
4. Commissioner discussion
5. Is there a motion to find that this text amendment to the ordinance is consistent
with the land use plan and is reasonable and in the public interest and should be
adopted?
Motion:
Second:
Vote:
Board of Commissioners - February 3, 2014
ITEM: 5 - 1 - 1
A-417 AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE
APPLICANT: Cindee Wolf, Design Solutions
The Applicant proposes to amend Sections 23, 50, and 72 of the Zoning Ordinance to add
Recreational Vehicle and Boat Trailer Storage Lots as a use with supplemental standards
permitted by right or Special Use Permit in some zoning districts. The applicant's
proposed additions are in red. Proposed deletions are in A
staff/Planning Board recon-nnended version follows the applicant's version,
Applicant's Proposal
New Hanover County Zoning Ordinance
Article 11, Section 23: Definitions
Recreational Venicle and BoatTrailer Storage Lots — A grounid 1ex,dl parkjngarea on -�-Nddcl�,
recreatJol-1111 X,elddles a ad boat traflers, or �-N,,Jffio ut boats, cana be stored for -a fee �-NJen not
use,
Article V, Section 50: Table of Permitted Uses
Article VII, Section 72: Additional Restrictions Imposed on Certain Special Uses
Recrea"'Onal ["eNcle ancl Boa", 1'1,a;1e1,S11'o1,a,,,,e 1,oll,
0) 11e use sh'' be sub ' Ject to ffie Specj'a'l Use Pern-ilt rex,iekk' pl,ocess at PAC."Sci,ibed 111
Artic1e V11, Sectionl I of dds 01-dinlanice H-1 a111 111stallces,
() 11e use sh'' be so1d'y openaIr aml�d groun�d 1ex,dl, ',,Io ei-W1oslinig or ox,eflead cox ,erin�g
structures sl� I ,
all be ' staed H fl I 1� ,
(3") Access s 1 be fi -on-i a pub1lic oi- prix, ,ate street niglit of %-N,,ay,
(41 A bufffter of n-N,,enty (20' feet sh'Hl be prox'Ided H-1 accordai-We %-NJiffi ffie
prox,islonIs of Artidle V1, Sectjoni 62) of ffie Ordfl-MnWe for coirmwni bounidary(jes) %lJffi
i idei 'a' zoninw
-es t 1 districts 1 ai
I 1 11 Ig , -Iidbr uses,
(5" Lanidscapffllg foi- streetyards avid 111tel,101, I H ided
l parking areas sh-11 be prox` I I
accordai-We ffie prox,islonIs of Artidle V1, Sectjoni 62) of ffie Ordfl-MnWe for i-Mn-
resdienala'i uses fl-1 residenaia'I districts,
(6) A11 site 1liar litlinIg sh'Hl be 1ocated so as nMt to sldinw or reflect direculy onao an adjacent
residenalial zoninw 1 1 ai
1 11 Ig districts , dbr uses,
A-417 Pagel
Board of Commissioners - February 3, 2014
ITEM: 5 - 2 - 1
R
0
F
R
R
R
R
R
B
B
I
I
&
A
A
S
R
M
Supp
Permitted Uses
PD
20S
20
15
10
7
1
2
1
2
1
R
I
C
A
U
Regs
NAICS
Transportation,
Communication, Utilities
Reareatlonal Vehicle and
S
S
S
S
P
P
P
P
P
P
P
Boat Frailer Storage L ls
01'
Article VII, Section 72: Additional Restrictions Imposed on Certain Special Uses
Recrea"'Onal ["eNcle ancl Boa", 1'1,a;1e1,S11'o1,a,,,,e 1,oll,
0) 11e use sh'' be sub ' Ject to ffie Specj'a'l Use Pern-ilt rex,iekk' pl,ocess at PAC."Sci,ibed 111
Artic1e V11, Sectionl I of dds 01-dinlanice H-1 a111 111stallces,
() 11e use sh'' be so1d'y openaIr aml�d groun�d 1ex,dl, ',,Io ei-W1oslinig or ox,eflead cox ,erin�g
structures sl� I ,
all be ' staed H fl I 1� ,
(3") Access s 1 be fi -on-i a pub1lic oi- prix, ,ate street niglit of %-N,,ay,
(41 A bufffter of n-N,,enty (20' feet sh'Hl be prox'Ided H-1 accordai-We %-NJiffi ffie
prox,islonIs of Artidle V1, Sectjoni 62) of ffie Ordfl-MnWe for coirmwni bounidary(jes) %lJffi
i idei 'a' zoninw
-es t 1 districts 1 ai
I 1 11 Ig , -Iidbr uses,
(5" Lanidscapffllg foi- streetyards avid 111tel,101, I H ided
l parking areas sh-11 be prox` I I
accordai-We ffie prox,islonIs of Artidle V1, Sectjoni 62) of ffie Ordfl-MnWe for i-Mn-
resdienala'i uses fl-1 residenaia'I districts,
(6) A11 site 1liar litlinIg sh'Hl be 1ocated so as nMt to sldinw or reflect direculy onao an adjacent
residenalial zoninw 1 1 ai
1 11 Ig districts , dbr uses,
A-417 Pagel
Board of Commissioners - February 3, 2014
ITEM: 5 - 2 - 1
Staff's Recommended Version to the Planning Board
Staff revised some of the Applicant's language and presented the following version to the
Planning Board at their January 9, 2014 meeting.
(Staff recommended deletions in recommended additions in redand
New Hanover County Zoning Ordinance
Article 11, Section 23: Definitions
Recreational Vehicle and oat Trailer Storage Lots — A ground lex,el T)aljkil,,W� al'ol- 011%A11hich
recreatlol-1111 X,eldclles an�d boat traflers, \A"itll or %l,,,jt1mut boats, cana be stored for -a fee %-Njaeb not
use,
Article V, Section 50: Table of Permitted Uses
Article VI, Section 63: Additional Restrictions Imposed on Uses Permitted by Right
6-3, 10- Recrea"'Onal V'eh;cle am" soap` of A Recreationli-1 Voldc10 an�d Boat
_Fram'er Storaue Lot iriav be 'located b-v, riuht in� tla e B-1� 1 -_1 1-1� 1-2. Office and Institutionlal.
—ir eirionas and )rox,lded dw-
(F -�1e use slm'! b "o -j- openi -ail- avid ground 'ex,e' ',,Io enclosing oi- ox,eflead cox,er'
structures s1m11 be ii-I stall 1 ed,
(-')',Access s1l a1 L-be from at nW"ic o ix "It, e ,,street, riullt. of \-N,,ay,
(3') A irm-lin-wiri buffor of'tvN,,ena-V (20) Rckct shal I bb_j)roxjded H-1 accordai-We -yN,"idl tlae
for coirm-ion� boundarv(ies� -�-Njtll
E�Ls I do i
res tial zoniin—d'sti'cts andbr uses.
ICFIITI all z0r11 IF" L� GISfric PS arl"Ll, or USCS
(4" Buffors an±,�Iandsca,
I '! Il. - �1- 1 1— 1 _ 11"
acc(Jrdance o,ith� th� -ox,lslonls of Artic10 I. Section 62) of tlae Ordillallce,
(51 A11 site 1ightinlu slm'H' be 'located so as nMt to slm-W or reflect directlk, onito anv, adil)(1011t
E�Ls I do i
res tial zoniin—d'sti'cts andbr uses,
1"Ifflall ZOFIIIFW� GISMcps arl"Ll, or USCS
(6-1 a
1 1 Volddle or boat stored !la tlae
fac i 11 i u
A-417 Page 2
Board of Commissioners - February 3, 2014
ITEM: 5 - 2 - 2
R
0
F
R
R
R
R
R
B
B
I
I
&
A
A
S
R
M
Supp
NAICS
Permitted Uses
PD
20S
20
15
10
7
1
2
1
2
1
R
I
C
A
U
Regs
Transportation,
Communication, Utilities
Recreational Vehicle and
Beat Frailer St,orage Lots
P
—
S
S
S
S
P
P
P
P
P
A
S
P
L3 110/
72.40
Article VI, Section 63: Additional Restrictions Imposed on Uses Permitted by Right
6-3, 10- Recrea"'Onal V'eh;cle am" soap` of A Recreationli-1 Voldc10 an�d Boat
_Fram'er Storaue Lot iriav be 'located b-v, riuht in� tla e B-1� 1 -_1 1-1� 1-2. Office and Institutionlal.
—ir eirionas and )rox,lded dw-
(F -�1e use slm'! b "o -j- openi -ail- avid ground 'ex,e' ',,Io enclosing oi- ox,eflead cox,er'
structures s1m11 be ii-I stall 1 ed,
(-')',Access s1l a1 L-be from at nW"ic o ix "It, e ,,street, riullt. of \-N,,ay,
(3') A irm-lin-wiri buffor of'tvN,,ena-V (20) Rckct shal I bb_j)roxjded H-1 accordai-We -yN,"idl tlae
for coirm-ion� boundarv(ies� -�-Njtll
E�Ls I do i
res tial zoniin—d'sti'cts andbr uses.
ICFIITI all z0r11 IF" L� GISfric PS arl"Ll, or USCS
(4" Buffors an±,�Iandsca,
I '! Il. - �1- 1 1— 1 _ 11"
acc(Jrdance o,ith� th� -ox,lslonls of Artic10 I. Section 62) of tlae Ordillallce,
(51 A11 site 1ightinlu slm'H' be 'located so as nMt to slm-W or reflect directlk, onito anv, adil)(1011t
E�Ls I do i
res tial zoniin—d'sti'cts andbr uses,
1"Ifflall ZOFIIIFW� GISMcps arl"Ll, or USCS
(6-1 a
1 1 Volddle or boat stored !la tlae
fac i 11 i u
A-417 Page 2
Board of Commissioners - February 3, 2014
ITEM: 5 - 2 - 2
Article VII, Section 72: Additional Restrictions Imposed on Certain Special Uses
-'-46- Recrea"'Olial V'eh;cle allcIlloc", Lo" A Recreafloi-la'l Vehl'c1e ai-'�d Boat
_Fram'el° Storaue Lot iriav be -Fb-v c -
1L), 5� R
l _itec
uIrenig"as aml�d wovided that-
(4441+e-use
WI 1-he use sha11 be sol'el'v oPei-1a1i- aml�d groui—ad lie e6. Nlo eilw1oshlig or overhead covelil-'g
structures sh'I'll be
-H I h, I
I
(2) 1 Access shaHl be fi -on-i a road c1assified as arterl'all
oi-a the iriost fui-ictloi-lai c1assificatiol-i ]rlar) for the
ui-b
,. - are-
a,
(3") A irifl-lin-wiri buflfiei° of tvvei-lay (20') feet shaHl be provided fl-1 accordai-We o'Ith the
provisjoi-Is of Articlie V1, Sectjoi-li 62) of the Ordfl-Milwe foi- coirmwi-li bouilidarv(jes') o'Ith
re :ti dei,tial zoii
11 Ii-w g d1 striil
cts ailidbr uses,
(4, all 11 be
Ided I l 'I I I'l a I'l c 0
prov I -, accordaiwe o'Ith the provisjols of Art'de V1, Sect'oi, 6) of the Ord'
(51 A11 site highth-Ig shaHl be 'located so as i-Mt to shl'i-W or refliect directlly oi-lao aiw adjacel-It
I
re :ti dei-Itial zoiii-w 1 1 ai
11 Ig districts uses,
(6" �e piir, iriall'Itellallce. 01, habitatioil of ai-W recreafloi-1 -all vehl'dle oi- boat store !la the
fac ih tv k tLiLoh i b i ted�
A-417 Page 3
Board of Commissioners - February 3, 2014
ITEM: 5 - 2 - 3
Staff and Planning Board's Recommended Version to the Board of Commissioners
At their January 9, 2014 meeting, the Planning Board unanimously (6-0) recommended approval
of the following version of the text amendment.
(Planning Board recommended additions in red andulk"lerl;/le.)
New Hanover County Zoning Ordinance
Article 11, Section 23: Definitions
Recreational Vehicle and Boat Trailer Storage Lots – A ground lex'01 T)qijkil"W� al'01- ollkN"Idd1
recreatjo11111 X'eldclles and boat traflers. %ljt1l or %l,,'jffiout boats. cala be stored for -a fee %-Njaen not Ala
use,
Article V, Section 50: Table of Permitted Uses
Article VI, Section 63: Additional Restrictions Imposed on Uses Permitted by Right
6-3,10- Recrea"'Onal V'eh;cle am"Illou", Lo" A Recreaflonla'l Veld'de an�d Boat
_h-a-iler Stora—e of iriav be 'located b-y' riLfla ini ffie - l., B-21, 1-1. 1-2. (_)ffice slag Instl'tufloi-I all,
to ffie district reau.'reirients and p pox' ided that:
(l I �10 us stla"..
-besolel'. Lo. cox'01,11-Lg
structures slm-11 be l'i-I stapled,
ed,
() A c c CSY s , s 11 l -i6 bb e fir o i r -1 1 j) L t bD 1- il c o i - i'i (Y] l t of \l"av
(3") A irm-lin-wiri buflfter of'tvN,'enaN,' (20', Rckct be prox'ided H-1 accordai-We ,-Nitll ffie
fLi:oxjsions of V1, Sectjon 62) of ffie 01-ding-We for coirmn boun-dary(jes) -yN"jt1l
i idei 'a' zoi 'I"L I I
-es -Itl 1 -16 , � d'stl-'cts am'Abr uses,
(4) 11uffe'rs an-d 'lan-dsc,
accordai-We \-Njtla tlae prox''IslonIs of Artide I. Sectl'on� 62) of ffie 01-dillallce,
(5-1 1' 1'eflect directi-y' onito an ad acepq
1111 i idei 'a' zoi 'n I I
-es -1t] 1 -16 ,u d'stl-'cts am'Abr uses,
(6" j epiir, irialnae]-M lce" oi- Imbitationl of ai-W recreafloi-I -all x'elddle oi- boat storedl'n ffie
facility k lLiLol�jbited,
A-417 Page 4
Board of Commissioners - February 3, 2014
ITEM: 5 - 2 - 4
R
0
F
R
R
R
R
R
B
B
I
I
&
A
A
S
R
M
Supp
NAICS
Permitted Uses
PD
20S
20
15
10
7
1
2
1
2
1
R
I
C
A
U
Regs
Transportation,
Communication, Utilities
U
Recreational Vehicle and
P
P
P
P
P
P
P
63,10
Beat Frailer St"orage Lots
Article VI, Section 63: Additional Restrictions Imposed on Uses Permitted by Right
6-3,10- Recrea"'Onal V'eh;cle am"Illou", Lo" A Recreaflonla'l Veld'de an�d Boat
_h-a-iler Stora—e of iriav be 'located b-y' riLfla ini ffie - l., B-21, 1-1. 1-2. (_)ffice slag Instl'tufloi-I all,
to ffie district reau.'reirients and p pox' ided that:
(l I �10 us stla"..
-besolel'. Lo. cox'01,11-Lg
structures slm-11 be l'i-I stapled,
ed,
() A c c CSY s , s 11 l -i6 bb e fir o i r -1 1 j) L t bD 1- il c o i - i'i (Y] l t of \l"av
(3") A irm-lin-wiri buflfter of'tvN,'enaN,' (20', Rckct be prox'ided H-1 accordai-We ,-Nitll ffie
fLi:oxjsions of V1, Sectjon 62) of ffie 01-ding-We for coirmn boun-dary(jes) -yN"jt1l
i idei 'a' zoi 'I"L I I
-es -Itl 1 -16 , � d'stl-'cts am'Abr uses,
(4) 11uffe'rs an-d 'lan-dsc,
accordai-We \-Njtla tlae prox''IslonIs of Artide I. Sectl'on� 62) of ffie 01-dillallce,
(5-1 1' 1'eflect directi-y' onito an ad acepq
1111 i idei 'a' zoi 'n I I
-es -1t] 1 -16 ,u d'stl-'cts am'Abr uses,
(6" j epiir, irialnae]-M lce" oi- Imbitationl of ai-W recreafloi-I -all x'elddle oi- boat storedl'n ffie
facility k lLiLol�jbited,
A-417 Page 4
Board of Commissioners - February 3, 2014
ITEM: 5 - 2 - 4
NEW HANOVER COUNTY
PLANNING # INSPECTIONS
DEPARTMENT
TEXTAMENDMENT
230 Government Center Drive
Suite 110
Wilmington, NC 28403
910- 798 -7165 phone
910- 798 -7053 fax
www.nhcgov.com
Name of Petitioner Date
Application Number (Staff Use Only).
Cindee wolf / Design Solutions Nov 22, 2013
-4r g
Address
Email Address
P.O. Sox 7221
cwolf @lobodemar.biz
City, state, Zip
Name of Text to be changed
Wilmington, NC 28406
Vehicle & Trailer Storage Lots
Telephone Number
section of Text to be changed
910- 620 -2374
Definitions / Use Table
r $
Petition must be reviewed by Planning & Zoning for completeness prior to acceptance. A $400,00 fee
payable to New Hanover County 1'V11UST accompany the petition. No supplemental 'information is
required as part of the application. However, Planning & Zoning, Planning Board, and Board of County
Commissioners reserve the right to require additional information, if needed, to assure that the proposed
text amendment is in accordance with all County plans and policies.
• Petitions for a text amendment are first referred to the New Hanover County Planning Board and then
acted upon by the New Hanover County Board of Commissioners. The owner /applicant and or authorized
agent should plan to attend all meetings at which this request will be heard.
• Complete petitions and supplementary infonxiation must be accepted by Planning & Zoning twenty
(20) working days before the Planning Board meeting to allow adequate time for processing and
advertisement as required by the North Carolina General Statutes. All amendments must be consistent
with the comprehensive plan, reasonable and in the pubic interest. Please explain how the proposal
meets those requirements. (Add pages as needed).
• Planning Board meetings are held at 5 :30PM in the Commissioner's Assembly Room in the Old County
Courthouse, at Third and Princess Streets, Wilmington, North Carolina, on the first Thursday of each
month. If the Planning Board approves your petition, the request will automatically be referred to the
Board of County Commissioners.
• If your petition is denied, you may appeal to the Board of Commissioners. Planning & Zoning can
advise you regarding appeal procedures.
PROPOSED 'TEXT CHANGE (attach additional paus as needed)
Reference attached Action Requested, Justification & Impacts statements.
Signature (Print and Sign)
Board of Commissioners - February 3, 2014
ITEM: 5 - 3 - 1
tl /l
TA (5/10)
Action Requested
Article, Division, and Section of the Land Development Code to be amended:
Article 11: Definitions / Sec. 23: Definitions.
Add a definition - "Recreational Vehicle and Boat Trailer Storage Lots - A ground level
parking area on which recreational vehicles and boat trailers, with or without boats, can
be stored for a fee when not in use.
Article V: District Regulations I Section 50: Table of Permitted Uses.
Add "Recreational Vehicle and Boat Trailer Storage Lot" to Subsection ""Services".
Designate use as "S" (Permitted by Special Use) in Districts PD, R -15, R -10 & R-7.
Designate use as "P" (Permitted by Right) in Districts B-.1 B-2, 1-1, 1-2, 0&1, AR & Al,
Article VII. Provisions For Uses Allowed as Special Uses I Section 72: Additional
Restrictions Imposed on Certain Special Uses./
Add "Subsection 72.46: Recreational Vehicle and Boat Trailer Storaqe Lot."
I . ...... . .. . Trailer
Add Conditions:
(1) The use shall be subject to the Special Use Permit review process as
prescribed in Article VII, Section 71 of this Ordinance in all instances.
(2) The use shall be solely open-air and ground level. No .,enclosing or overhead
covering structures shall be installed.
(3) Access shall be from a public or private street right-of-way.
(4) A minimum buffer of twenty (20) feet shall be provided in accordance with the
provisions of Article V1, Section 62 of the Ordinance for common boundary(ies)
with residential zoning districts and/or uses.
(5) Landscaping for streetyards and interior parking areas shall be provided in
accordance with the provisions of Article VI, Section 62 of the Ordinance for
non-residential uses in residential districts.
(5 )All sight lighting shall, be located so as not to shine or reflect direct) yonto an
adjacent residential zoning districts and/or uses.
Board of Commissioners - February 3, 2014
ITEM: 5 - 3 - 2
Justification
New Hanover County is widely recognized as a prime recreation and boating destination. The
CAMA Plan promotes strategies for providing recreational opportunities and public water access
for every citizen. Recreational vehicles (RV's) and boats are then inherently some of the
accessories to those activities.
However, planned residential communities over the years have become much more restrictive
in disallowing the storage of RVs and boats on-property when not in use. The issue becomes
where those vehicles and trailers can be stored safely and conveniently.
There is currently no specific definition for this type of storage facility in the New Hanover
County Zoning Ordinance. Some commercial facilities exist that are used for RV and boat
storage, but for zoning compliance they were lumped under the definition of "mini-warehousing,"
which comparatively includes a much broader range of uses and impacts. These are limited to
heavy business districts.
Proximity to your residence and ease of accessibility to boat ramps become important factors in
where you would like to store your recreational vehicles. Convenience stores, kennels, indoor
and outdoor recreation establishments, day cares and nursing homes are all uses permitted in
residential districts by SUP because their logical location is within proximity to the residential
neighborhoods that will avail themselves to those services.
Providing a specific definition for recreational vehicle and boat trailer storage, and then limiting
the locations within residential districts by special use permit (SUP) with prescribed conditions,
will allow more alternatives for addressing the need,
Impscts
Limiting the location of these storage lots by special use permit, and then by additional
restrictive conditions provides the control to promote the public health, safety, and general
welfare of the community.
Rather than needing to rezone to a commercial district for the use, the residential district stays
in place. Since improvements are limited to surface pavement and structures are prohibited,
future re-development is made easier as economics and demographics change over the years.
Board of Commissioners - February 3, 2014
ITEM: 5 - 3 - 3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: February 3, 2014
REGULAR
DEPARTMENT: PRESENTER(S): Kenneth Vafier, Current Planning & Zoning
Supervisor (Planning Board Rep: Dan HIlla)
CONTACT(S): Chris O'Keefe, Planning & Inspections Director
SUBJECT
Public Hearing
Zoning Map Amendment (Z-929,1/14) — Request by Kenneth Orndorff of BRM Associates #1, LLC to
Rezone 1.81 Acres Located at 5932 Carolina Beach Road from CD (B -1) Neighborhood Business
District to B -2, Highway Business District
BRIEF SUMMARY:
The property is classified as Transition according the 2006 CAMA Land Use Plan.
In November 2003, the New Hanover County Board of Commissioners approved a Conditional Use
Rezoning from R -15, Residential District to CD (B -1) Business District for Beau Rivage Marketplace, a
mixed use development consisting of residential, office and commercial uses located at the intersection of
Carolina Beach and Sanders Roads in southern New Hanover County. In October 2005, the Board of
Commissioners approved a request to add an additional 30,000 square feet of retail and an additional 58
dwelling units to the project.
The 2003 rezoning included a strip of land on the subject parcel for the purpose of creating an access drive.
This strip was never utilized for the proposed access and therefore remained zoned B -1 amidst property
zoned B -2. The requested action would bring the B -1 strip in conformity with the B -2 property along side of
it and expand the range of uses to B -2 uses.
At their January 9, 2014 meeting, the Planning Board voted 6 -0 to recommend approval of the rezoning
request.
No one from the public spoke in support or in opposition of the rezoning request.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Action Needed:
Board of Commissioners - February 3, 2014
ITEM: 6
1. Motion to approve the petitioner's proposal;
2. Motion to "table" the item in order to receive more information; or
3. Motion to deny the petitioner's request based on specific reasons
Staffs Recommended Motion: Approve the petitioner's proposal as requested.
ATTACHMENTS:
Z -929 Script
Z -929 Staff Summary
Z -929 Petition Summary
Z -929 Neighbor Properties Map
Z -929 Zoning Map
Z -929 Application Package
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval as presented by staff.
COMMISSIONERS' ACTIONS:
Approved consistent with staff presentation 4 -0.
Board of Commissioners - February 3, 2014
ITEM: 6
Item #
Zoning Map Amendment Z-929,1/14
Request by Kenneth Orndorff of BRM Associates #1, LLC to rezone 1.81 acres located at
5932 Carolina Beach Road from CD (B -1) Neighborhood Business District to B -2,
Highway Business District. The property is classified as Transition according the 2006
CAMA Land Use Plan.
This is a public hearing. We will hear a presentation from staff. Then the applicant and
any supporters and any opponents of the rezoning will each be allowed 15 minutes total
for their presentation and an additional 5 minutes for rebuttal.
2. Open the Public Hearing:
a. Staff presentation
b. Petitioner's presentation (up to 15 minutes)
c. Opponent's presentation (up to 15 minutes)
d. Petitioner's cross examination /rebuttal (up to 5 minutes)
e. Opponent's cross examination /rebuttal (up to 5 minutes)
Close the Public Hearing
4. Commissioner Discussion
If a rezoning is denied a new application may only be submitted within 12 months of the
denial if there is a substantial change in the original petition for rezoning. Do you wish to
proceed or do you wish to continue the matter?
6. Vote on rezoning.
The motion to rezone should include a statement as to whether the rezoning is or is
not consistent with the land use plan and whether it is reasonable and in the public
interest.
Board of Commissioners - February 3, 2014
ITEM: 6 - 1 - 1
ZONING MAP AMENDMENT REQUEST
CASE: Z-929,1/14
PETITIONER: G. Kenneth Orndorff, BRM Associates #1, LLC
REQUEST: Rezone from CD (B -1) Business District to B -2 Highway Business District
ACREAGE: 1.81 acres
LOCATION: 5932 Carolina Beach Road
Parcel ID Number: RO7617- 003 - 001 -000
LAND CLASS: Transition
PROJECT HISTORY:
In November 2003, the New Hanover County Board of Commissioners approved a Conditional Use
Rezoning from R -15, Residential District to CD (B -1) Business District for Beau Rivage Marketplace, a
mixed use development consisting of residential, office and commercial uses located at the intersection
of Carolina Beach and Sanders Roads in southern New Hanover County. In October 2005, the Board of
Commissioners approved a request to add an additional 30,000 square feet of retail and an additional 58
dwelling units to the project.
The 2003 rezoning included a strip of land on the subject parcel for the purpose of creating an access
drive (see Figure 1 below). The rezoning of the strip of land created a split zoning on the subject parcel
with the strip being zoned CD (B -1) and the remainder of the subject parcel zoned as B -2. In March 2007,
the applicant requested an administrative approval to the approved site plan in order to shift the access
drive south on the subject parcel approximately 150 feet toward the southern boundary of the parcel.
The administrative approval to shift the location of the access drive on the site plan was granted,
however, the request did not include a change to the zoning designation of the access drive
Figure 1: Aerial Photograph showing existing site conditions and Zoning Map showing current zoning designation.
Z -929, (1/14)
Board of Commissioners - February 3, 2014
ITEM: 6 - 2 - 1
Page 1
as approved in 2003 and recorded on the official zoning map.
EXISITING CONDITIONS:
Existing Zoning and Land Uses
The subject property totals 1.81 acres located at 5932 Carolina Beach Road, just south of the
intersection with Sanders Road. The property is currently split zoned between a CD (B -1) District
approved for the Beau Rivage Shopping Center as well as B -2, Highway Business District. The
surrounding area is generally zoned CD (B -1) and B -2 and is adjacent to commercial uses in all directions,
including to the east across Carolina Beach Road.
Existing Site Conditions
The subject property is currently vacant and contains direct access to Carolina Beach Road via an
existing driveway on the south side of the lot, which is recorded as an access and utility easement. The
property lies directly adjacent to Beau Rivage Marketplace and has approximately 315 linear feet of road
frontage. An additional 15 foot utility easement lies along the northern boundary line of the subject
property. Along the eastern boundary of the subject property there are energy transmission lines
within the right -of -way of Carolina Beach Road.
Environmental Conditions
The subject property contains Rimini as a soil type, which contains slight impediments to septic
suitability. No portion of the property lies within a Special Flood Hazard Area and there are no CAMA
Areas of Environmental Concern on the site.
The site contains one significante tree, which if removed will be required to be mitigated per the
requirements of Section 62.1 -9 of the Zoning Ordinance.
Traffic and Transportation
Wilmington Metropolitan Planning Organization Staff has provided information that traffic counts were
conducted at points on Sanders Road and Carolina Beach Road from July 30, 2013 to August 3, 2013.
North of the subject property at Sanders Road, the average daily trip count (ADT) was 8,630 with a
capacity of 16,500. This figure represents a "C" Level of Service (LOS), meaning that at this point the
traffic is at stable flow. Adjacent to the property along Carolina Beach Road, the ADT was 36,103. This
figure represents an "F" (LOS) meaning that traffic counts are exceeding design capacity of the road,
which is listed at 29,300.
The subject property is approximately 1.5 miles south of the Monkey Junction Wal -Mart, which is served
by WAVE Transit Bus Routes 107, 201, and 301. Route 301 also provides service to Masonboro
Commons, which is approximately 1.2 miles south of the subject property.
Community Services
Water and Sewer:
The property is within the Urban Services boundary and wastewater is provided by CFPUA, while water
is provided via NC Aqua.
Fire Protection:
The property is served by New Hanover County Fire Services and located in the New Hanover County
South Fire District.
Z -929, (1/14)
Board of Commissioners - February 3, 2014
ITEM: 6 - 2 - 2
Page 2
Conservation, Historic, and Archaeological Resources
The subject property does not host any known conservation, historic, or archaeological resources.
PETITIONER'S REQUEST:
The petitioner is seeking a general use rezoning to zone the entire parcel B -2 Highway Business District
which will remove the formerly approved strip of CD (B -1) originally approved for an access drive. Any
future development proposal will be subject to the applicable development review process.
STAFF POSITION:
Land Use Plan Classification and Policy Considerations
The subject property is classified as Transition according to the 2006 Wilmington -New Hanover County
Joint CAMA Land Use Plan. The Transition land use classification is intended to provide for intensive
urban development on lands that have been or will be provided with necessary urban services. The
proposal is consistent with the Transition land use classification and not contradictory to any policies
within the Land Use Plan.
Traffic
Per Section 61.4 of the Zoning Ordinance, a traffic impact analysis (TIA) must be completed when a
traffic worksheet indicates traffic generation of 100 or more peak hour trips for any nonresidential
project. TIA and access requirements will be addressed at the time a specific development proposal is
submitted to the Planning and Inspections Department.
Utilities and Infrastructure, Environmental Review, Landscaping and Buffering
Water and sewer service is available to the site by NC Aqua and CFPUA, respectively. Additional details
regarding water and sewer capacity and further review of these issues will occur during the commercial
site plan review process after a specific development proposal has been submitted.
REVIEW AND ACTION:
Rezoning a strip of land for an access drive is not a requirement of the rezoning and an access drive to a
particular development can occur without a subsequent rezoning. Because the access drive was
constructed at a different location then what was previously approved in the 2003 rezoning, staff does
not feel that there is any reason for the CD (B -1) strip to remain, therefore staff supports consolidating
the subject parcel into B -2. This request is being facilitated by Article XI: Amendments of the County's
Zoning Ordinance, and has been processed and reviewed per Section 110 — Amending the Ordinance.
For the reasons mentioned above and because the request is consistent with the 2006 CAMA Land Use
Plan, staff recommends the approval of the proposal as requested.
At their January 9, 2014, the New Hanover County Planning Board voted unanimously (6 -0) to
recommend approval of the request.
Z -929, (1/14)
Board of Commissioners - February 3, 2014
ITEM: 6 - 2 - 3
Page 3
Action Needed
• Motion to approve the petitioner's proposal
• Motion to "table" the item in order to receive more information
• Motion to deny the petitioner's request based on specific reasons
Staffs Recommended Motion:
Approve the petitioner's proposal os requested.
Z -929, (1/14)
Board of Commissioners - February 3, 2014
ITEM: 6 - 2 - 4
Page 4
Case: Z-929, (1/14)
Rezone 1.81 acres from CD (B -1) to B -2, Highway Business District
Petition Summary Data
Parcel Location & Acreage:
5932 Carolina Beach Road, 1.81 acres
Owner /Petitioner:
BRIM Associates #1, LLC
Existing Land Use:
Vacant, adjacent to commercial uses
Zoning History:
Area 4, (April 7, 1971)
Land Classification:
Transition
Water Type:
NC Aqua
Sewer Type:
CFPUA
Recreation Area:
Veterans Park
Access & Traffic Volume:
Direct access to Carolina Beach Road which showed ADT of 36,103 at a point
south of Sanders Road in August 2013; functioning as LOS F. Secondary access
from Sanders Road which showed ADT of 8,630 at a point west of Carolina
Beach Road in August 2013; functioning as LOS C.
Fire District:
New Hanover County South
Watershed & Water Quality
Classification:
Mott's Creek, (C;SW) and Lord's Creek (C;SW)
Conservation /Historic/
Archaeological Resources:
No known resources on site
Soils and Septic Suitability: Rm — Rimini. Slight Impediments to septic suitability.
Flood Hazard Areas: None
Schools: Bellamy Elementary, Murray Middle School, Ashley High School
Z-929,1/14 Page 1
Board of Commissioners - February 3, 2014
ITEM: 6 - 3 - 1
Board of Commissioners - February 3, 2014
ITEM: 6 - 4 - 1
m
J
O
O
J
J
J
i
S
S
S
:j
S
U
:j
w
U
t\
as N�v3aivNnoav�
vt-
t� as H�v evv�ioav�
J
U
w
m
J
Zp
F-
r
o
m
J
r
2w
m
w
w
w
U
w
m
a
w
a
p
J-
z
z
0
J
W 1t
o
a N
3 w
a
z
C7
z
U
w
m
J
J
J
J
U
w
w
a
o
a
?
m
w
N
w
Z
O
z
w
O
F
z
}
=
w
J
J
O
w
m
r
Z
Q
p
°
a
u
2
w
J
a
u
i
o
O
a
a
o
r
w
a
o
a
G°
O
a
a
w
N
�
=
m
m
G
O
m
a
N
a
a
rn
04
„
r
w
a
u
u
r
a
z
a
3
a
J
w
D
o
o¢?
o
v
a
o
o
m°
o
U
N
U
yr
vx
yr
yr
yr
}��
a
r
O
oo
o)
�(1
0
0-7D
;7 W
..__. ............._ ...... _.. aO.H07 /HS. _._..... f
N
o
�
�
�
U
M
0
N
O
m
E
~ i
�
LL
o
3
y
o
U
ti
0 4
O
O
2
v
U
N
�..�
..........
__.
............ .....
a
__.
...._. _
.� _... .., ... ...s......- 08,H7V38- VN1108V7- _. .
... _.. ..- py- H7V38- VN1108V7 ........... ....
d
m
w
N
N
M
Q
2
N
N
Q �-
H El
O
Zp J
U M
0 - 1d,gA / 1 0 °03831131
c
m
o
1 _�N
;
-o
y
O v U
vt U
.N
W
JJJ:
O a w
j
z'-
'--- 15.713HS- 83dd11S '
�I�
u
.. O
r y Y
r< M L
N
_
EEM
,.�... ,
Q
Y a U
v
=
a
80d17R� y�___
m a;
O
y 2
U
a
� T --r
U�
W
O
Y kk"Ot:; .
1•
N
Of y m
d
Z N i
_ \
4,.4„
d
30yN3�Ob .' �
'
... _
Board of Commissioners - February 3, 2014
ITEM: 6 - 4 - 1
Board of Commissioners - February 3, 2014
ITEM: 6 - 5 - 1
Petitioner Information
Property 0"ller(s)
Subject Property
If dfifferent than PeMoner
Name
Owner Name
Address
G. Kenneth Orndorff
Same
5932 Carolina Beach Rd.
Company
Owner Name 2
Parcel 111)
Address
Address
Acreage/Square Feet
10815 Sikes Places, Suite 300
Same
1.81 Acres
City, State, Zip
City, State, Zip
Existing Zoning and Use
Charlotte, NC 28277
Same
CD(B-1) and B-2
Phone
Phone
Proposed Zoning and Use
704-321-1000
Same
B-2
Email
Email
Land Classification
[_�en@raleymiller.com
Same
Transition
Petitions must be reviewed by Planning & Zoning for completeness prior to acceptance. You are encouraged to consult with
a Planner prior to submission. For Petitions involving five (5) acres or less a fee of $400.00 will be charged; for those of more
than five (5) acres a fee of $600.00 will be charged. This fee, payable to New Hanover County, MUST accompany this
petition. The following supplemental information is required:
Petitions for change of zoning are first referred to the New Hanover County Planning Board and then acted upon by
the New Hanover County Board of Commissioners. Certain specialized districts (Riverfront AExed Use, Planned
to application submission.
3MA- 4/1O
Board ofCommissioners February 3.2014
Complete petitions and supplementary information must be reviewed and accepted by Planning & Zoning twenty
(20) working days before the Planning Board meeting to allow adequate time for processing and advertisement as required
by the North Carolina General Statutes.
Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at
5:30PM in the Commissioner's Assembly Room at the Old County Courthouse, at Third and Princess Streets, Wilmington,
North Carolina.
If the Planning Board approves your petition, the request will automatically be referred to the Board of County
Commissioners. If your petition is denied, you may appeal to the Board of Commissioners. Planning& Zoning can advise you
regarding appeal procedures. Please note there is a 12 -month wait required between subsequent rezoning requests on the same
parcel or any part of it, (reference Section 111 -3).
The owner /applicant and or authorized agent should plan to attend all meetings at which this request will be heard.
WHAT YOU MUST ESTABLISH
FOR A CHANGE OF ZONING
Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The
North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan.
The governing board is required to adopt statements that the change is or is not consistent, reasonable, and in the
public's interest. Since amendments to zoning maps should also be based on a Land Use Plan, you must explain how your
request satisfies each of the following requirements: (Fill in below or attach additional pages).
1. How would the requested change be consistent with the County's Policies for Growth and Development?
The requested change will create a parcel with a single zoning.
2. How would the requested zone change be consistent with the property's classification on the Land Classification
Map?
The Subject Property's Land Classification is Transition, uses permitted in the B -2 zoning
district are consistent with intensive urban development as outlined for property within
the Transition area.
3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land
involved unsuitable for the uses permitted under the existing zoning?
The portion of.the Subject Property that is zoned CA (B -1) was a part of the original
conditional use zoning case (Z -816) to accommodate the access driveway as shown on the
approved plan. The access driveway was, with administrative approval, relocated during the
development of the project and the CD (B -1) strip within the existing B -2 district is no
longer relevant. Furthermore, it is not necessary to have the access driveway zoned as a
separate district and, for the efficiency of future development of the Subject Property, it
is best to have a single zoning district for the Subject Property.
Page 2 of 3
ZMA -05/10
Board of Commissioners - February 3, 2014
ITEM: 6 - 6 -.2
4. How will this change of zoning serve the public interest?
Change will allow more orderly development of property under a single zoning district instead
of dual districts on a single lot.
In signing this petition, I understand that the existing zoning map is presumed to be correct and that I have the
burden of proving why a change is in the public interest. I further understand the singling out of one parcel of land for.
special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal. I
certify that this application is complete and that all information presented in this application is accurate to the best of
my knowledge, information, and belief.
144 G. Kenneth Orndorft
Signature of Petiti er and/or Property Owner Print Name
Page 3 of 3
Board of Commissioners - February 3,2014
ITEM: 6 - 6 - 3
CL
cu
Z
16
LL
O
co
LO
LO
New Hanover County
PARID:R07617 -003- 001 -000
8RM ASSOCIATES #2 LLC
Legal Description
Legal Description
Tax District
Subdivision Cade
Subdivision Name
Page 1 of 1
5932 CAROLINA BEACH RD
(1.81 ACRES) TRACT S BRM ASSOCIATES #1 LLC
FD
055022
http: / /etax. nhcgov .com /Data.lets/PrintDatalet aS mi pm= February 3, 2014
p�i�7§17 -003 - 001 - 000 &gsp = FUL... 10/29/2413
TRACT B, 1.81 ACRES
MAP BOOK 55, PAGE 22
NEW HANOVER COUNTY, NORTH CAROLINA PUBLIC REGISTRY
METES AND BOUNDS LEGAL DESCRIPTION
COMMENCING at the northeasternmost corner of that certain tract labeled "TRACT A,
10.10 ACRES" as shown on that certain Recombination Plat for BRM Associates #1, LLC dated
May 11, 2009 and prepared by Johnny J. Williams Land Surveying, P.C. and recorded in Map
Book 55, Page 22 of the New Hanover County Registry (the "Registry") and running thence the
following three (3) courses and distances:
L South 05 degrees 12 minutes 19 seconds West 47.36 feet to an % inch existing iron stake,
(1 inch top below ground surface) in the eastern boundary line of the aforesaid Tract A
and the western boundary line of property owned by Carolina Beach & San ders, LLC
(now or formerly) by deed recorded in Deed Book 5447, Page 2865 and as shown on
Map Book 54, Page 287 both of the Registry;
2. Thence with the eastern boundary line of the aforesaid Tract A and the Carolina Beach &
Sanders, LLC property (now or formerly), South 05 degrees 12 minutes 19 seconds West
178.33 feet to a point on the eastern boundary lane of the aforesaid Tract A and being the
southwesternmost corner of the aforesaid Carolina Beach & Sanders, LLC property (now
or formerly) and the northwestemmost corner of property owned by Robert N. Bell (now
or formerly) by deed recorded in Book 2800, Page 631 of the Registry;
3. Thence continuing along the eastern boundary of Tract A and the western boundary of
the Bell property (now or formerly) South 05 degrees 02 minutes 30 seconds West 84.26
feet to THE POINT AND PLACE OF BEGINNING.
Thence from said POINT AND PLACE OF BEGINNING the following eleven (11) courses
and distances:
1. South 84 degrees 41 minutes 13 seconds East 219.51 feet along the southern boundary of
property owned by Robert N. Bell (now or formerly) by deed recorded in Book 2800,
Page 631 of the Registry to a 3/ inch existing iron pipe (1 inch top below ground .surface);
2. Thence South 84 degrees 41 minutes 13 seconds East 24.65 feet along the southern
boundary of the aforesaid Bell tract (now or formerly); to a point. in the westerly right of
way margin of U.S. Highway 421 (Carolina Beach Road), a 160 -foot right of way;
3. Thence continuing along said right of way margin, South 06 degrees 01 minutes 37
seconds West .99.19 feet to a 3/ inch existing iron pipe (1 inch top below ground surface);
4. Thence South 01 degrees 44 minutes 07 seconds West 151.42 feet along the westerly
right of way margin of U.S. Highway 421 (Carolina Beach Road), a 160 -foot right of way
to a point;
5. Thence South 01 degrees 44 minutes 07 seconds West 30.05 feet along the westerly right
of way margin of U.S. Highway 421 (Carolina Beach Road), a 160 -foot right of way to a
point;
CHAR211547497v2
Board of Commissioners - February 3, 2014
ITEM: 6 - 6 - 6
6. Thence South 01 degrees 44 minutes 07 seconds West 15.34 feet along the westerly right
of way margin of U.S. Highway 421 (Carolina Beach Road), a 160 -foot right of way to a
point;
7. Thence South 01 degrees 44 minutes 07 seconds West 19.13 feet along the westerly right
of way margin of U.S. Highway 421 (Carolina Beach Road), a 160 -foot right of way to a
point at the northeast corner of property owned by Joyce B. Brewer (now or formerly) by
deed recorded in Book 645, Page 545 of the Registry;
8. Thence North 85 degrees 05 minutes 55 seconds West 251.77 feet along the northerly
boundary of said Brewer Tract (now or formerly) to a point at the northwest corner of
said Brewer Tract (now or formerly) to a 3/ inch existing iron pipe (1 inch top below
ground surface);
9. Thence North 85 degrees 05 minutes 55 seconds West 5.00 feet to a point;
10. Thence North 04 degrees 28 minutes 41 East 316.15 feet to a point;
11. Thence South 89 degrees 41 minutes 13 seconds East 5.00 feet to a 3/ inch existing iron
pipe (1 inch top below ground surface) to the POINT AND PLACE OF BEGINNING.
The above described tract contains 1.81 acres and is labeled as "TRACT B" of that certain
Recombination Plat for BRM Associates #1, LLC dated May 11, 2009 and prepared by Johnny J.
Williams Land Surveying, P.C. and recorded in Map Book 55, Page 22 of the Registry.
I ~r�
r
y
}
} 9a
s�
}
mviae
l
4
I
Y 4
e gee
�
�
�
��•
s6AChyx� -g
� �
yy,
� s�
��� � ` dt7r,�p rte,
----
�
� �
—,.,� +may
1
�_�_�.--
•�Pi
� —�--.
.._
"q
Qi
I ~r�
r
y
� F
�E
8 six
��p s
r
}
r r
p � /
1
Board of Commissioners - February 3, 2014
ITEM: 6 - 6 - 8
§Y
g
a
p�
la��8
�a s
1,
ai
9
2
0.
4
}
} 9a
s�
}
mviae
l
4
I
� F
�E
8 six
��p s
r
}
r r
p � /
1
Board of Commissioners - February 3, 2014
ITEM: 6 - 6 - 8
§Y
g
a
p�
la��8
�a s
1,
ai
9
2
0.
4
r
MAP INDEX
201 IN
FOR REGIS ?RArION RE TER OF DEEDS
rs
rawrovsa'cot
�
2810 FS WT: 7 PM
BK:55 P6.22-23 FU: $21.00
1001 NI IN
Name Of Map
Owner's Name
Type Of Map: Subdivision Plat
Condo Plat
Highway Map ,
Book: Page(s):
Number Of Pages:
Recorded B
Y
INA
- Deputy
Board of Commissioners - February 3, 2014
ITEM: 6 - 6 - 9
1 Al.
v
E
S �
JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
218 NORTH SECOND STREET
WILMINGTON, NC 28401
Filed For Registration: 02/25/2010 04 :07:37 PM
Book: PLAT S5 Page: 22 -23
Document No.: 2010005100
2 PGS $21.00
Recorder: CRESWELL, ANDREA
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
.*.20100051.00*...
20100051.00
Board of Commissioners - February 3, 2014
ITEM: 6 - 6 - 10
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: February 3, 2014
REGULAR
DEPARTMENT: PRESENTER(S): Benjamin Andrea, Current Planner (Planning
Board Rep: Dan Hilla)
CONTACT(S): Chris O'Keefe, Planning & Inspections Director
SUBJECT
Public Hearing
Special Use Permit Request (S -615, 11113) — Request by SEL Property Investors, LLC to Develop a
Community Boating Facility in Conjunction with a Single Family Detached Residential Community on
a 75.17 -Acre Parcel on Masonboro Loop Road Near Aqua Vista Drive
BRIEF SUMMARY:
SEL Property Investors, LLC is requesting a Special Use Permit for a community boating facility to be
developed in conjunction with a 159 lot single family detached residential neighborhood on a 75.17 -acre
tract off of Masonboro Loop Road near Aqua Vista Drive. The property is currently zoned R -15, Residential
District, and classified as Watershed Resource Protection and Conservation according to the 2006 CAMA
Land Use Plan. The subject property was previously used for agriculture and timbering and is currently
vacant and undeveloped.
The Special Use Permit request is for the community boating facility. The Preliminary Plan for the
development is currently under review by the Technical Review Committee and will be discussed at their
February 12, 2014 meeting.
The community boating facility would be comprised of an inland basin approximately 88,000 square feet in
area (approximately 2 acres) and feature 75 slips for use by community residents only. The slips would
include nineteen 25' lift slips, two 25' slips, twenty 30' slips, twenty -six 35' slips, and eight 40' slips. The
facility would also feature a canoe/kayak launch that would also be exclusively for use by community
residents. The facility would have direct access to the Intracoastal Waterway via a proposed 40' wide access
canal.
At the January 9, 2014 meeting, the Planning Board voted 6 -0 to recommend approval of the special use
permit request with conditions as specified by staff.
One person from the public spoke in support of the special use permit. No one spoke in opposition to the
request.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Enhance and add recreational, cultural and enrichment amenities
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
Board of Commissioners - February 3, 2014
ITEM: 7
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of
fact.
ACTION NEEDED (Choose one):
1. Motion for Approval (with or without conditions);
2. Motion to table the item in order to receive additional information or documentation (Specify);
3. Motion for Denial based on specific findings in any of the 4 categories above, such as lack of
consistency with adopted plans or determination that the project will pose public hazards or will not
adequately meet requirements of the ordinance.
Staff suggests the following motion:
Motion to approve the Special Use Permit request with the following conditions:
1. The project is subject to the issuance of a CAMA Major Permit and any conditions imposed by the
permit, as well as all other applicable reviews, permits, and approvals.
2. Revisions to the project that occur after the issuance of the Special Use Permit that further minimize
impacts to coastal wetlands, primary nursery areas, shellfishing areas, or other conservation resources
in order to receive a CAMA Major Permit shall be considered minor revisions pursuant to Section 71-
1(9).
ATTACHMENTS:
5 -615 Script
5 -615 Staff Summary
5 -615 Petition Summary
5 -615 Neighbor Properties Map
5 -615 Zoning Map
5 -615 Application
5 -615 Proposed Site Plans
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval as presented by staff.
COMMISSIONERS' ACTIONS:
Approved as presented by staff 4 -0.
Board of Commissioners - February 3, 2014
ITEM: 7
ITEM#
SCRIPT FOR SPECIAL USE PERMIT S -615, 11/13
Request by SEL Property Investors, LLC to develop a community boating facility in conjunction
with a single family detached residential community on a 75.17 acre parcel on Masonboro
Loop Road near Aqua Vista Drive. The property is currently zoned R -15, Residential District,
and classified as Watershed Resource Protection and conservation according to the 2006
CAMA Land Use Plan.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Open the Public Hearing:
a. Staff presentation
b. Applicant' s presentation (up to 15 minutes)
c. Opponent's presentation (up to 15 minutes)
d. Applicant's cross examination /rebuttal (up to 5 minutes)
e. Opponent's cross examination /rebuttal (up to 5 minutes)
3. Close the Public Hearing.
4. Commissioner Discussion
5. A Special Use Permit which is denied may only be resubmitted at the discretion of the Planning
Director. You may ask to continue the matter. Do you wish to do so?
6. Ask Applicant whether he /she agrees with staff findings and any proposed conditions.
7. Vote on the special use permit.
e Motion to table item to obtain additional information.
Motion to recommend granting the permit - All findings are positive.
❑ Motion to recommend granting, subject to conditions specified below:
(State Conditions)
Motion to recommend denial because, if completed as proposed, the development
more probably than not:
a. Will endanger the public health or safety for the following reasons:
b. Cannot not meet all required conditions and specifications, in particular:
c. Will injure the value of adjoining or abutting property in the following way:
d. Will not be in harmony with the area in which it is located for the following
Reasons:
Board of Commissioners - February 3, 2014
ITEM: 7 - 1 - 1
SPECIAL USE PERMIT
5 -615, 11/13: Request for a Special Use Permit to develop a community boating facility in
conjunction with a single family detached residential community on a 75.17
acre parcel located in an R -15 Residential District.
Request By: SEL Property Investors, LLC
Location: 5200 block of Masonboro Loop Road near Aqua Vista Drive
PID R07600- 003 - 014 -000
Summary of Request
SEL Property Investors, LLC is requesting a Special Use Permit for a community boating facility
to be developed in conjunction with a single family detached residential neighborhood on a
75.17 acre tract off of Masonboro Loop Road near Aqua Vista Drive. The subject property was
previously used for agriculture and timbering and is currently vacant and undeveloped..
The community boating facility would be comprised of an inland basin approximately 88,000
square feet in area (approximately 2 acres) and feature 75 slips for use by community residents
only. The slips would include nineteen 25' lift slips, two 25' slips, twenty 30' slips, twenty -six
35' slips, and eight 40' slips. The facility would also feature a canoe /kayak launch that would
also be exclusively for use by community residents. The facility would have direct access to the
Intracoastal Waterway via a proposed 40' wide access canal.
Both the access canal and the inland basin are proposed to be dreded from the existing land in
order to connect to an existing basin near the Atlantic Intracoastal Waterway that is also
proposed to be dredged. On December 13, 2013, State Permit # 24 -81 was transferred from
Maurice Emmart, Jr. to SEL Property Investors, LLC and renewed until December 31, 2017. This
permit was originally issued on February 20, 1981 and authorizes dredging of the existing
channel fingers to -6 MSL. To minimize impacts to Primary Nursery Area habitat, the permit
includes a condition that prohibits dredging activity during spawning season (April 1 to
September 30 annually).
The newly created inland basin and channel will not be open to shellfishing and shellfish areas
outside of the inland basin and channel will not be closed as a result of the proposed project.
Importantly, exceeding 75 slips would have triggered the closure of an existing shellfishing area
beyond the entrance channel per state regulations (15A NCAC 18A .0911).
A pump -out station is required per The Clean Coastal Water and Vessel Act of 2009. A total of
64 parking spaces are proposed to serve the facility, with a mixture of 35 vehicular spaces and
29 golf cart spaces. The use of signage and neighborhood covenants will dictate all associated
parking spaces be time limited and /or temporary access to the facility. Dedicated pedestrian
paths and bicycle racks will be provided to encourage walking and biking to the facility, and
S -615, (11/13)
Board of Commissioners - February 3, 2014
ITEM: 7 - 2 - 1
Page 1
design of the residential neighborhood will encourage the use of golf carts and other non -
vehicular modes of transportation.
The project will be subject to all necessary reviews and approvals, including from the NC DENR
Division of Coastal Management, NC DENR Division of Water Resources, NC DENR Division of
Marine Fisheries, US Army Corps of Engineers, US Fish and Wildlife Service, National Marine
Fisheries Service, New Hanover County Engineering, and New Hanover County Planning and
Inspections. A scoping meeting was held with representatives from these and other agencies
on November 14, 2013 to discuss the project prior to the submission for a CAMA Major Permit.
At the scoping meeting, concerns were raised in several areas, and as a result, the project was
revised. Below is a summary of the issue areas discussed at the interagency scoping meeting,
and how the project was revised to address each:
Impacts to Coastal Wetlands — The original design of the project proposed impact to
approximately 3,151 square feet of coastal wetlands. NC DENR Division of Coastal
Management (DCM) Staff had particular concerns about the original design of the
bulkheads and breakwaters, their necessity, and the resulting impacts to coastal
wetlands. In response, the locations of the bulkheads and one of the two breakwaters
were revised and the impacted coastal wetland area has been reduced to 1,284 square
feet.
Impacts to Primary Nursery Areas — A riprap groin was originally proposed along the
northern side of the existing entrance channel to minimize sediment accumulation and
buffer wave energy within the channel. The proposed groin would have impacted 3,768
square feet of Primary Nursery Area, a concern expressed by several agencies. In
response, the riprap groin was eliminated and replaced with a vertical sheet pile jetty
wall, which will have minimal impact to the benthic environment of the Primary Nursery
Area.
Adequate Tidal Flushing of Basin and Channel — Meeting attendees expressed concern
about the square corners of the original design as well as the basin and channel depths,
and how if these elements as designed could provide adequate flushing of the channel
and basin during the semi - diurnal mixed tidal events that are experienced in
southeastern North Carolina. Tapering the depths of corners in the basin was suggested
to improve water flow and encourage flushing, and the plan was revised to taper the
basin corner depths from -6' mean low water (MLW) to -5' MLW. In accordance with
DCM rules, the depth of the basin ( -6' MLW tapering to -5' MLW in the corners) and
channel ( -6 MLW) will be less than the depth of the adjacent waters (approximately -14
MLW within the Atlantic Intracoastal Water Way). Additionally, a dredging maintenance
plan is proposed that will require maintenance dredging be performed when depths
within the authorized dredging areas reach -4' MLW or shallower. Maintaining channel
and basin depths will ensure tidal flushing occurs as predicted and designed.
S -615, (11/13)
Board of Commissioners - February 3, 2014
ITEM: 7 - 2 - 2
Page 2
The above revisions were incorporated into the project design and on December 17, 2013, the
applicant applied for a CAMA Major Permit. Division of Coastal Management Staff has 75 days
(March 3, 2014) from the submission date to render an approval or denial decision, with the
possibility of extending the decision period up to an additional 75 days (May 16, 2014). During
this period, a number of state and federal agencies will have the opportunity to review and
comment on the project. All CAMA Major and General Permits must be consistent with the
County's adopted CAMA Land Use Plan, therefore New Hanover County Staff will have an
opportunity to review and comment on the project during this period to ensure consistency
with the Plan.
Preliminary Staff Findings of Fact
(In Accordance with Section 71 of the New Hanover County Zoning Ordinance)
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
A. Water and sewer are currently available to the subject property; however, the proposed
use does not require water or sewer. The special use permit request is to construct the
community boating facility, ancillary access channel, and associated parking areas.
B. Vehicular and multi -modal traffic to the facility will originate solely from within the
community that has exclusive use of the boating facility. The community boating facility
itself will not increase traffic loads on the transportation network outside of the
community, including Myrtle Grove Road. The residential community which the boating
facility will serve is pending submittal but will require a Traffic Impact Analysis.
C. The subject property is located in the New Hanover County South Fire Service District.
D. The Average Daily Trip count (ADT) on Masonboro Loop Road at Aqua Vista Drive was
18,536 trips per day in October 2013, representing a Level of Service (LOS) of "F ",
meaning that traffic counts exceed the design capacity of the road, which is listed at
16,200.
E. The area for the proposed scope of work does not host any known cultural or
archaeological resources; however, it is located in a CAMA Area of Environmental
Concern (AEC) and AE and VE Special Flood Hazard Areas. Therefore, the project will be
subject to a CAMA Major Permit and limited to 25% impervious surface. Additionally,
the project will require review and approval from NC DENR Division of Coastal
Management, NC DENR Division of Water Resources, NC DENR Division of Marine
Fisheries, US Army Corps of Engineers, New Hanover County Engineering, and New
Hanover County Planning and Inspections.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not
materially endanger the public health or safety where proposed.
Finding 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
S -615, (11/13)
Board of Commissioners - February 3, 2014
ITEM: 7 - 2 - 3
Page 3
A. Section 72 -37(1) requires that the applicant demonstrate that the project will have
minimal impacts on water quality, primary nursery areas, shellfish grounds, and
conservation resources.
I. The petitioner has submitted an application for a CAMA Major Permit. The
permit will address potential impacts to water quality, coastal wetlands, Primary
Nursery Areas, shellfishing areas, and other conservation resources. At this time
those reviews have not been completed but concerns were addressed during the
project scoping meeting that was held on November 14, 2013 and included
representatives from the NC DENR Division of Coastal Management, NC DENR
Division of Water Resources, NC DENR Division of Marine Fisheries, US Army
Corps of Engineers, US Fish and Wildlife Service, National Marine Fisheries
Service, New Hanover County Engineering, New Hanover County Planning and
Inspections, and others. Concerns about the project were expressed in three
main areas: impact to /loss of coastal wetlands, impact to /loss of Primary Nursery
Area, and adequate tidal flushing of the basin and channels. The project was
revised to incorporate suggestions to address these issues.
II. As currently proposed, the project will result in a loss of 1,284 square feet of
coastal wetlands. At this time, no evidence has been submitted that this project
will have a negative impact on the remaining coastal wetlands in the vicinity of
the project.
III. As currently proposed, direct impacts to Primary Nursery Areas as a result of the
project are limited to two vertical sheet pile jetties extending approximately 100'
into the Atlantic Intracoastal Water Way from the end of the proposed
breakwaters in the existing basin. At this time, no evidence has been submitted
that this project will have a negative impact on Primary Nursery Areas in the
vicinity of the project.
B. Proposed parking accommodations include 64 total spaces (35 vehicular and 29 golf
spaces) to serve the community boating facility and additional amenities. Additional off -
street parking is provided by residential driveways within a reasonable walking distance
to the community boating facility, which has historically been acceptable to suffice
Section 72 -37(2) of the Zoning Ordinance.
C. The number of boat slips does not exceed the number of residential lots or dwelling
units proposed within the associated development, pursuant to Section 72 -37(3) of the
Zoning Ordinance.
D. The right to use the use of the facility by community residents shall be conferred in the
homeowners covenants by language and necessary restrictions deeming the community
boating facility as private and only for use by community residents, as required per
Section 73 -37(4) of the Zoning Ordinance.
E. Commercial activities or associated commercial type uses or amenities, such as the sale
of gasoline, oil, marine supplies, and food stuffs, will be prohibited, consistent with
Section 73 -37(5) of the Zoning Ordinance.
Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of
the required conditions and specifications of the Zoning Ordinance.
S -615, (11/13)
Board of Commissioners - February 3, 2014
ITEM: 7 - 2 - 4
Page 4
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The proposed project will be a component of a proposed single family detached
residential community which will meet all applicable landscaping and buffering
requirements set forth in the Zoning Ordinance.
B. The proposed facility will not generate any additional traffic on Myrtle Grove Road as
the facility shall only be utilized by community residents whose trip origin is within the
residential community.
C. Similar water - dependent uses exist on adjoining properties to the north and south of
the subject site.
D. No evidence has been submitted that this project will decrease property values of
adjacent or nearby properties.
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
Finding 4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of development for New Hanover
County.
A. The subject property is located in an R -15, Residential District. Community Boating
facilities are permitted by Special Use Permit in all residential districts, including R -15.
B. The 2006 Wilmington -New Hanover County CAMA Land Use Plan classifies the subject
site as Watershed Resource Protection and Conservation land use classifications.
Impervious surface coverage will not exceed 25 %, compliant with Policy 3.12(a) of the
Plan.
C. The project will utilize natural vegetative buffers to effectively filter runoff before it
enters surface waters, consistent with the protection strategy for the Watershed
Resource Protection and Conservation areas stated by Policy 3.12(c) of the 2006
Wilmington -New Hanover County CAMA Land Use Plan.
D. The proposed scope of work falls within the definition of a community boating facility
per the 2006 Wilmington -New Hanover County CAMA Land Use Plan. As defined, a
community boating facility is "a private nonprofit boating facility including a dock pier,
and /or launching ramp on property which has water frontage, the use of which is
intended to serve 5 or more residential lots or units. The right to use such facility must
be conferred by an easement appurtenant to the residential lot it is intended to serve.
No commercial activities of any kind, including commercial letting of slips to parties who
are not residents of the waterfront subdivision shall be allowed within confines of the
facility."
S -615, (11/13)
Board of Commissioners - February 3, 2014
ITEM: 7 - 2 - 5
Page 5
E. The project will satisfy private riparian access needs by utilizing a shared -use facility,
consistent with Policy 3.19 of the 2006 Wilmington -New Hanover County CAMA Land
Use Plan.
F. Policy 3.20 of the CAMA Land Use Plan prohibits new dredging activities in Primary
Nursery Areas (PNA), Outstanding Resource Waters (ORW), and Shellfishing Waters (SA)
with the exception of maintenance dredging activities. In order to meet the
requirements for maintenance dredging, a previously permitted channel must exist, that
the original depth and width may not be increased to allow for a new or expanded use,
and that excavated material must be placed in an approved disposal area without
significantly impacting adjacent nursery areas or submerged vegetation. On December
13, 2013, State Permit # 24 -81, which was originally issued on February 20, 1981 and
remains valid until December 31, 2017, and permits maintenance dredging of the
existing channels and placement of spoil material in a specified disposal area, was
transferred to the applicant SEL Property Investors, LLC. The scope of work authorized
under State Permit # 24 -81 has not changed from the date of initial issuance, and
permits a dredging depth of -6 MLW. As such, the dredging activities authorized under
State Permit # 24 -81 are consistent with Policy 3.20 of the 2006 Wilmington -New
Hanover County CAMA Land Use Plan, specifically Implementation Strategy 3.20.4.
Staff Suggestion: Evidence in the record at this time supports a finding that the use is in general
conformity with the plan of development for New Hanover County.
SUMMARY
Staff concludes that, with the information submitted, the applicant has demonstrated that the
proposal meets Section 72 -37(1) of the Zoning Ordinance. Staff also concludes that, with the
information submitted, the applicant has demonstrated that the proposal is consistent with
Policy 3.20.4 and other applicable policies of the CAMA Land Use Plan.
At their January 9, 2014, the New Hanover County Planning Board voted unanimously (6 -0) to
pass a motion recommending approval of the request with Staff's recommended conditions.
One member of the public, representing the Masonboro Harbour Home Owners Association,
spoke in support of the request. No members of the public spoke in opposition to the request.
Note: A Special Use Permit is a quasi - judicial action requiring an evidentiary hearing and
findings of fact.
S -615, (11/13)
Board of Commissioners - February 3, 2014
ITEM: 7 - 2 - 6
Page 6
ACTION NEEDED (Choose one):
1. Motion for Approval (with or without conditions)
2. Motion to table the item in order to receive additional information or documentation
(Specify).
3. Motion for Denial based on specific findings in any of the 4 categories above, such as
lack of consistency with adopted plans or determination that the project will pose
public hazards or will not adequately meet requirements of the ordinance.
Staff suggests the following motion:
Motion to approve the Special Use Permit request with the following conditions:
1. The project is subject to the issuance of a CAMA Major Permit and any conditions
imposed by the permit, as well as all other applicable reviews, permits, and approvals.
2. Revisions to the project that occur after the issuance of the Special Use Permit that
further minimize impacts to coastal wetlands, primary nursery areas, shellfishing
areas, or other conservation resources in order to receive a CAMA Major Permit shall
be considered minor revisions pursuant to Section 71 -1(9).
S -615, (11/13)
Board of Commissioners - February 3, 2014
ITEM: 7 - 2 - 7
Page 7
Case S- 615,(11/13)
Special Use Permit Request for Community Boating Facility in R -15 Zoning District in conjunction with
High Density Single Family Detatched Residential Subdivision
Petition Summary Data
Parcel Location & Acreage: Myrtle Grove Road at Aqua Vista Drive, 75.17 acres
Owner /Petitioner: SEL Property Investments, LLC
Existing Land Use: Vacant /Undeveloped
Zoning History: Area 4 (April 7, 1971), "Masonboro" (October 15, 1969)
Land Classification: Watershed Resource Protection /Conservation Area
Water Type: Public
Sewer Type: Public
Recreation Area: Myrtle Grove Middle School Park (Athletic Fields), Arrowhead Park
Access & Traffic Volume: Average Daily Trips (ADT) at Masonboro Loop Road and Aqua Vista
Drive in October 2013 was 18,536, representing a Level of Service (LOS)
of "F ".
Fire District: New Hanover County South
Watershed & Water Quality
Classification: Peden Point (Drains Directly to AIWW), (SA;ORW)
Conservation /Historic/
Archaeological Resources: Maritime Shrub Thickets adjacent to AIWW
Soils and Septic Suitability: Johnston Soils (JO) — Severe: Flooding /Wetness
Seagate Fine Sand (Se) — Severe: Wetness
Lynn Haven Fine Sand (Ly) — Severe: Wetness
Stallings Fine Sand (St) — Severe: Wetness
Wakulla Sand — 1 to 8 Percent Slopes (Wa) — Slight
Torhunta Loamy Fine Sand (To) — Severe: Wetness /Flooding
Leon Sand (Le) — Severe: Wetness
Tidal Marsh (TM) — Severe: Wetness /Flooding
Rimini Sand — 1 to 6 Percent Slopes (Rm) — Slight
Flood Hazard Areas: Shaded X, AE, VE Flood Zones
Schools: Bellamy Elementary, Myrtle Grove Middle, Ashley High
5 -615, 11/13
Board of Commissioners - February 3, 2014
ITEM: 7 - 3 - 1
Page 1
LO
ch
U
�
J
\ \
-
co
N
v
J.
—4i
>.
Z
y
v
°v
. o
\
B N
p '
E
1
3
\ti
� o
• U
r
c
� J
'o
U
j
L
_
cc
All
�
F 3
w
J
m
¢
a
d
Q
�,
N a
®
N
Q
co
3
O
U
�
J
o
co
N
v
a j p U
ro
v
>.
Z
y
0C9m
°v
J �
W
`y
co
o o
pv
Z
w
IL
F
a N
a � Y
'd f0 II
Z V) Y
)I
Board of Commissioners - February 3, 2014
ITEM: 7 - 4 - 1
N
N
N
N
f6
O
N
LL
0
0
0
c
t
N
N
N
a
o
i
o
z
o=
a
m°
LL
F 3
w
J
m
¢
a
w
Q
�,
z
a
¢
x W
3
O
a o
z
a F
o
z
°
k
w
o
o 0
-
m
o 3
a a¢
>
a
°
o a°
o a
i�
o
Y
a
a
� a°
3°
Y
w
i
Y H
Y
�, a
w
z
z
a¢
a?
a
Q
w
-
w O
°
w
G¢
w°
a J>
a
a
J
w w
LL
w a
o
z
i°
�,
a
a
Q
z
a-
Q
x°
3
i Q
z
-
?
3
¢
o
a
w
i
Q Q
x x"°
°
s
i
W
o
F o
J
3�
w
m°
°°
w
N
F
°x
m
a a
°>
a
li,
i a
o
o
0 3
3 F
`�
x
`� -
x o
z°
g a
-��
o
z
M °"
o
a
o LL
-6-,-Mm
m
- o
'" G
o°
o m w
o
m o
Y
°o
°
?
o 0
0
5
z=
0
J
x 3
z
°
- g
o z
x a
o 0
0
z o
g
o 3
o°
3
Y
w
w
o w
F
o s
w g
H
o m
°
g Ij°
a 3
?
m
m o
o o
i E?
o
z
a o
z
_
a°
z°
v
�M�llrlrrlr
o
S o
III'-
`
m
-
a
° -
a
N
a
s
° a
°
a
°"
a
a
°
i 3
o
a
°
3
w
g
s
i s
,�
a
a
a
a°
z
o
o
N x
8=
V
V o
z
a
V
a
V z
o Q
z W
Q
x
i
z z
o o
s
'' o
o
z
Q a
o a
i
i
LL
z
o
a
z Y¢
z
o"
-
a
°
3°
w
w
m
z
x a
w m
o°
o 0
w
o
J Q
g°
~ a
a
3
F
o
a a
w
w x
a
Q o
o
_
o°
N
o N
a
o z
s>
w
z
o z
w
w 3°
i°
a
o
i
z
a
- °_
o
w o
a
i
x
w
o W
a a
x
o w
o J
o
i
z
w
�, i
°
o
w
a
w z
x z
3 a
o ''
o °°
o°
a
o
z
o z?
o
g
W
a �'
o o
w G
o
3°
w
m a
a s
x
W
a°
3
z w
z
o
w x
o w
w
z
i� 1E
a Y
''
0
a
o
m °°
z
o w
w
o z
3 w
°?
m
o z
z°
i� w
o
F
o'
N o
5
z
w°
° a
z z
w°
z
k w
x
a
w
g°
3 a
g i
3
0
3 3°
3 x
a
o w
o z
i
J
i 3
�5
0
m g°
r
3 0
o
w°
v o
v
v
Board of Commissioners - February 3, 2014
ITEM: 7 - 4 - 1
N
N
N
N
f6
O
N
LL
0
0
0
c
t
N
N
N
a
Board of Commissioners - February 3, 2014
ITEM: 7 - 5 - 1
230 Govenxnient Center Drive
Suite 150
Wilmington, NC 28403
910- 798 -7165 phone
910 - 738 -7053 fax
+,'w "t',I1I3L xC) \'.013171
Nance of Petitioner
Staff Use Only;:
SEL Property Investors, LLC
Application Number
,address
City, State, Zip
60 Gregory Rd, Suite 1
Belville NC 28451
Email ,address ipkeetera-bcklawfirrn.com
Telephone Number of Petitioner
dweeks gpararnounte- eng.corn
910.763.2727
Nance of Property Owner (if different than Petitioner)
Telephone Number of Oe ner (if different than Petitioner)
SEL Property Investors, LLC
Address of Property Owner (if different than Petitioner)
City, State, Zip
100 Aqua Vista Rd.
Wilmington, NO 28400
.Email Address (if different than Petitioner)
P'roperg, Address
100 Aqua Vista Rd
Area of Property and Square Feet/Acres
Proposed Use
Residential - Single Family Development
75.17 AC 3,274.405 SF
with Commun`st Boatj,ng, Facility
Existing Zoning
Parcel ID Number
lrZ -15
R07600 -003- 014 -000
Existing Use of Properly
Land Classification (See Land Use Plan)
Agricuitural /Residential
Watershed Resource Protection Area Conservation Area
Applications MUST be reviewed by the Planning Department for completeness prior to acceptance. For Special Use Pen-nits
that are considered residential or mobile homes a fee of $150.00 is required. All other Special Use Permits require a fee of
.00. This fee, payable to New Hanover County, MUST T accompany this petition.
5"00.0.
No application will be accepted unless accompanied by a plan of the proposed use and lot dra -wn to scale to be used,
as evidence in support of the required findings of fact (outlined on page 2) of this application, if submitting, full size
plans, please provide thirteen (13) copies for the Planning Board Meeting and nineteen (1.9) copies for the County
Commissioners Fleeting; (1) 11x17 reduced site plan, and thirteen (13) and nineteen (19) copies of any color
documents. The following supplemental information is required:
I One copy of current tax trap
2 Narrative of proposed use
3 Adjacent property owners, and uses
4 location of existing and (or proposed structures) to be used in connection with the requested use
5 Location of off - street parking and ingress /egress
6 Location and dimensions of proposed sign(s)
7 Location of site relative to major thoroughfares
8 Setbacks from property lines
9 Authority for appointment of agent form (The owner or an attorney must handle the case)
10 Applicant answers to the questions on the application
I 1 Signed site plan checklist
Page l of 4
SUP 8/09
Board of Commissioners - February 3, 2014
ITEM: 7 - 6 - 1
Note: Applicants should refer to Article 6 & 7 of the Zoning Ordinance for additional requirements for specific uses. The
Planning Department, Planning Board, and/or Board of County Commissioners reserve the right to require additional
M
information if needed to assure that the use in its proposed location will be harmonious with the area and in accordance with
the Zoning Ordinance of the County of New Hanover.
Applications for Special Use Permits (other then for single family dwellings on individual lots) are first referred to the New
Hanover County Planning Board for recommendation to the County Commissioners. The Commissioners make final action on
the permit application in a quasi-judicial public hearing.
Complete petitions and all supplementary information must be accepted by the Planning Department twenty (2 l) working
days before the Planning Board meeting to allow adequate time for processing and advertisement as required by the North
Carolina General Statutes.
Planning Board meetings are held on the first Thursday of each month at 5:30PM in the Con-nuissioner's Assembly Room at the
Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina,
Applications for single-family dwellings, including mobile homes, on individual lots must be accepted by the Planning
Department twenty (20) working days before the regularly scheduled Commissioners meeting. Applications for single-family
dwellings on individual lots do not require planning board review.
What You Must Establish For A
Special Use Pern-dt
Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning Ordinance
imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should
explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements, (Attach additional
pages if necessary)
General Requirement #1
The Board must find "that the use will not materially endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved."
This request will not materially endanger the public, health or safety if located where proposed and
developed according to the plan as submitted. The proposed request will be developed in accordance with the CAMA
Land Use Plan classification of Watershed Resource Protection Area Conservation Area- It is also comparable in
proposed use with adjacent properties which contain community boating facilities. All development and maintenance
of the proposed request will follow all applicable local, state and federal laws and will acquire all necessary permits
and approvals.
Page 2 of 4
SUP 8/09
Board of Commissioners - February 3, 2014
ITEM: 7 - 6 - 2
General Requirement #2
The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance".
The development and construction of the community boating facility meets all the required conditions and
specifications of the current New Hanover County Zoning Ordinance.
General Requirement #3
The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a
public necessity_"
By providing recreation opportunities and water access for the residents of this proposed community, the proposed project
is anticipated to enhance the use of this subject property without injuring the value of any adjoining or abutting property.
Precedent has been set by adjoining or nearby properties, such as Masonboro Harbor and UNCW Center for Marine
Science, providing water access without substantially injuring property values for surrounding parcels.
General Requirement #4
The Board must find "that the location and character of the use if developed according to the plan as submitted and approved
will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New
Hanover County,-
The proposed community and associated amenity area and community boating facility are all similar uses to
surrounding properties; therefore, they will be in harmony and in general conformity with plan of development
for the New Hanover County- Adjoining properties are either similar single family neighborhoods or individual
single family properties. There are comparable amenities and community boating facilities adjacent to and
near this proposed project.
Page 3 of 4
SUP 8i09
Board of Commissioners - February 3, 2014
ITEM: 7 - 6 - 3
SITE PLAN CHECKLIST
Check each itein to confirm that is included
Tract boundaries and total area, plus location of adJoining land parcels and roadways,
Emsting zoning of the tract and neighboring parcels and proposed tract zoning.
X�
Proposed use of land, structures and other improvements. For residential uses. this shall include number, height and type of units and
site plan outlining area to be occupied by each structure ajid,-or subdivided lot boundaries. For non-residential uses, this shall include
approximate square footage and height of each structure_ an outline of the area it will occupy and the specific purpose for which it
will be used.
4 Development schedule including proposed phasing.
Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed righl-of-way dedication.
plans for access to and from the tract, location, width and right-of-way for internal streets and location, arrangement and access
provision for parking areas.
All existing and proposed easements, reservations, required setbacks, rights-of-way, buffering and si!4nage.
The one hundred (100) year floodplain fine, if applicable
dLocation and sizing of trees required to be protected under Section 67 of the Zoning Ordinance,
Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the
corresponding General Use District regulations, which are the minimum requirements for Special Use Permit, or other limitations on
land which may be regulated by State law or Local Ordinance.
4 Any other information that will facilitate review of the proposed change (See Article V11).
Page 4 of 4
SUP 8,09
Board of Commissioners - February 3, 2014
ITEM: 7 - 6 - 4
Please note that for quasi-judicial proceedings, either the land owner or an attorney
must represent the case at its public hearing
The undersigned owner SEL Property Investors, LLC
does hereby appoint
(Print or Type)
Jeffrey P. Fleeter ---- as his/her/its exclusive agent for the purpose of petitioning New
(Print or Type)
Hanover County for a variance, special use permit, conditional use district, and/or an appeal of staff
decisions applicable to the property described in the attached petition.
I To submit a proper petition and the required supplemental materials.
2. To appeal at public meetings to give representation and commitments on behalf of the owner.
3. To act on the owner's behalf without limitations with regard to any and all things directly or indirectly
connected with or arising out of any petition for an amendment applicable to the New Hanover County
Zoning Ordinance under Article X1 therein.
This agency agreement shall continue in effect until written notice of revocation by the owner is delivered
to New Hanover County.
This the day of october 2013
Agent's Name, Address, Email & Telephone Signature of Owner (s)
(Print or Type)
Jeffrey P. Keeter sEL Property investors, LLC
310 North Front street, Suite 200 B
D I. Logan, n ger
Wilmington, NC 28401
(910) -163-2727
jpkeeter@bcklawfirm.com
Board of Commissioners - February 3, 2014
ITEM: 7 - 6 - 5
AAA 04/10
li - evM aai s >awa�.w
.i
r+ _—
s
Gm
--
J" H. II
j -
_- �
I'
r� �I
NoI.LoIRusxOa xoj isa iox oa - ,kav IWI I32Id
y 3
5 3
3
l H,LI.IS `QVOII 72I0 JHiI`J 09
DTI`SUOLS'dtilIId.RIHdOHd'IHS
C9L9
-Jtr8Z loieD pion- uoi3,n� IA
IOC w!nS `a �_Q -P--10 Ed6:
!iiZHoIN Vxyd
DN `SS`�Lr1OD TI'31OH
dIHS_,,)&O.L O'dOgN,0SS'Yl
QAfIOSZlli, NOJNIQN`1I r SlS�7W3
SIHLHXH N01,LdffDX37VIO3dS
a
e
I P
a o
I
i
"-._—
moles od �nwva.� o
s roaa
li - evM aai s >awa�.w
.i
r+ _—
s
Gm
--
J" H. II
j -
_- �
I'
r� �I
NoI.LoIRusxOa xoj isa iox oa - ,kav IWI I32Id
y 3
5 3
3
�_- D/� I
= — —�_ aooNIA, nos
a <
cc
a
I
i
7i
7
�k<
;r
m
I
�_- D/� I
= — —�_ aooNIA, nos
C g
ma 1 C
9F
s
OW HN
Hd-
6
G xg
a
I
i
7i
7
m
I
J
0 - ,I
l
q
I r
o fr
al3
ICI
' 7
o
A 6
8
�—
IJ
I
C g
ma 1 C
9F
s
OW HN
Hd-
6
G xg
�� P yea ear
8
e
5 F�4
MR
d
5
a
I
i
7i
7
al3
ICI
o
A 6
8
I
I
i
I
I S
s
jj
a
i
Is
s
-�
°
u
#
I'-
M
i
�� P yea ear
8
e
5 F�4
MR
d
5
NOIlDfI .LSNOD Nod JSfl ,IOM OQ - �2IF NIT�II Id2Id
oo
s ; F us�ac
Ozi
r mU �g
Oo O �Q
O� Os �ti 01
Z
w
- -- -
staZDN`TI-ITAT3a
I'auilC `avud 32I09H21) 09
DTI `SiIOSSHA-I U, -0s
a, L9u;10 16 o ,, 1916c tc,7
WO RZ ugorc�ga !� ou5hwn�
IOZ �. 5 + ?rQ P �[O Il6S
-
�N`aa�no�xdao�Vxmsn
dIHSV -�&0.L 0- d0gNOSPIQ
QXC10S 31-15 NO `J\IIQN\ I S:S.iINYCF4d
VHUY1UIN'dSNV Q'dSOd02Id
.LlgIHX'd X0UdHDX'J -I I ')'3dS
=
v.... oNi -
io_roae
�'
N Iw
I
1�1
W
— �—
NOIlDfI .LSNOD Nod JSfl ,IOM OQ - �2IF NIT�II Id2Id
oo
s ; F us�ac
Ozi
r mU �g
Oo O �Q
O� Os �ti 01
Z
w
I
I
1
m m
El
•®®
Q
cl
t
o
C
®
~_
O
c
u p
Cf)
s
LU
IL
3:
m d
m °v
p
j
I
I I
i
I
I
1
m m
S
wZ
m�
O Q
o o p
CO
`
O
o
z
�
Z
=
m o
� Z
W
S
wZ
m�
O Q
o o p
CO
O
a
H Z n
=
m o
� Z