2009-01-05 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 5, 2009 PAGE 515
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, January 5, 2009,
at 6:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,
NC.
Members present were: Chairman Ted Davis, Jr.; Vice-Chairman Jason R. Thompson; Commissioner
Robert G. Greer; Commissioner William A. Caster; Commissioner Jonathan Barfield, Jr.; County Attorney Wanda
M. Copley; Clerk to the Board Sheila L. Schult; and County Manager Bruce T. Shell.
Chairman Davis called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Port City Community Church Pastor, Mike Ashcraft, gave the invocation.
Vice-Chairman Thompson led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Davis asked if any member of the Board would like to remove any item from the Consent
Agenda.
Hearing no comments, Chairman Davis called for a motion to approve the items on the Consent Agenda.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to approve the items on the
Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes Governing Body
The Commissioners approved the minutes from the following meetings as presented by the Clerk to the
Board:
Agenda Review meeting held on December 11, 2008
Regular Session meeting held on December 15, 2008
Closed Session meeting held on December 15, 2008
Special Session meeting held on December 19, 2008
Board of Equalization and Review meeting held on December 19, 2008
Adoption of State Road Resolution Governing Body
The Commissioners adopted a North Carolina Department of Transportation State Road Resolution
supporting the addition of Gruffy Court in The Cottages at SunCoast Subdivision in New Hanover County (Division
File No. 1133-N) to the state system.
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book
XXXII, Page 32.1.
Acceptance of Commercial Equipment Direct Assistance Program Grant from the Homeland Security
Department and Adoption of Budget Ordinance Amendment 09-119 Fire Services
The Commissioners, on behalf of Fire Services, accepted a Commercial Equipment Direct Assistant
Program Grant from the Homeland Security Department in the amount of $15,793 and adopted Budget Ordinance
Amendment 09-119. The grant award is for a First Responder Kit and includes a mandatory training session
including travel, lodging for two nights, meals, and an allowance of $90.00 for one individual.
A copy of the budget ordinance amendment is hereby incorporated as part of the minutes and is contained
in Exhibit Book XXXII, Page 32.2.
Adoption of Budget Ordinance Amendments Budget Department
The Commissioners adopted the following Budget Ordinance Amendments for fiscal year ending June 30,
2009:
09 - 104 - Social Services
09 - 107 - Aging
09 - 109 - Museum
09 - 112 - Library
09 - 118 - Health
Copies of the budget ordinance amendments are hereby incorporated as part of the minutes and are
contained in Exhibit Book XXXII, Page 32.3.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 5, 2009 PAGE 516
REGULAR ITEMS OF BUSINESS
ADOPTION OF RESOLUTION SUPPORTING A PRIVATELY-CONSTRUCTED AIR FORCE ONE
MUSEUM AND WHITE HOUSE PHOTO GALLERY ON NORTH CAROLINA DEPARTMENT OF
TRANSPORTATION PROPERTY NEAR THE INTERSECTION OF NORTH KERR AVENUE AND
MARTIN LUTHERKING, JR. PARKWAY
Vice-Chairman Thompson read the resolution into the record supporting a privately-constructed Air Force
One Museum and White House Photo Gallery on North Carolina Department of Transportation property near the
intersection of North Kerr Avenue and Martin Luther King, Jr. Parkway.
City of Wilmington Transportation Planner Mike Kozlosky reported that at its meeting on December 17,
2008 the Wilmington Urban Area Metropolitan Planning Organization Transportation Advisory Committee adopted
a resolution supporting the privately-constructed Air Force One Museum and White House Photo Gallery on North
Carolina Department of Transportation property. The Committee has requested that the Board of Commissioners
adopt a similar resolution in support of the project clarifying that no public funds are requested.
Chairman Davis requested direction from the Board.
Motion:
Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to adopt the resolution
supporting a privately-constructed Air Force One Museum and White House Photo Gallery on North Carolina
Department of Transportation property near the intersection of North Kerr Avenue and Martin Luther King, Jr.
Parkway. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXXII, Page 1.4.
PRESENTATION AND ACCEPTANCE OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT
FOR THE FISCAL YEAR ENDED JUNE 30, 2008
Finance Director Avril Pinder introduced Gary Ridgeway, Director with McGladrey and Pullen, LLP and
reported that as a part of the completion of the annual audit Mr. Ridgeway would make the presentation of the
financial report for the fiscal year ended June 30, 2008.
Mr. Ridgeway presented the auditor's perspective to the Board and reported that all Basic Financial
Statements were performed in accordance with Government Auditing Standards for the year ended June 30, 2008.
He informed the Board that New Hanover County received an unqualified opinion which is the highest level of
assurance that can be issued. As of June 30, 2008, the County had a healthy fund balance although it was below the
state average for a county of comparable size; it is twice the amount of the state minimum requirement.
A brief question and answer period was held.
On behalf of the Board, Chairman Davis thanked Mr. Ridgeway for the presentation and asked for a motion
to accept the financial report for the fiscal year ended June 30, 2008.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to accept the financial report for
the fiscal year ended June 30, 2008 as presented by McGladrey and Pullen, LLP. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the financial report is available for review in the Finance Department.
PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUESTED BY CHERYL
AGUILAR TO EXPAND AN EXISTING CHILD DAYCARE CENTER FROM FIVE TO EIGHT
CHILDREN IN AN R-15 RESIDENTIAL ZONING DISTRICT LOCATED AT 305 GODFREY COURT (S-
585, 12/08)
Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi-
judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all
persons who signed in to speak or who want to present testimony to step forward to be sworn in.
The following persons were sworn in:
Jane Daughtridge
Chris OKeefe
Cheryl Aguilar
Senior Planner Jane Daughtridge reported that Cheryl Aguilar was requesting a Special Use Permit to
expand an existing child daycare center from five children to eight children in an R-15 Residential Zoning District
located at 305 Godfrey Court and presented a slide overview of the request. The additional three children will be for
after-school care. Caring for more than five children requires a special use permit based on certain standards. The
Zoning Board of Adjustment granted Ms. Aguilar a variance from the parking and circulation requirements of the
ordinance. At the Planning Boards December 4, 2008 meeting, they voted 4-0 to recommend approval of the
special use permit with one person speaking in favor of the request and with no one speaking in opposition to the
request.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 5, 2009 PAGE 517
Director OKeefe read the findings of facts into the record stating that staff supports the recommendation of
the Planning Board for approval with the condition that after-school students will be picked up at school primarily
by the daycare provider.
Chairman Davis asked if anyone from the public wished to speak in favor of the request.
The petitioner, Cheryl Aguilar, stated that she agrees with the findings of facts as presented and the
condition recommended by the Planning Board and Staff. She thanked her neighbors for their support.
There being no further comments, Chairman Davis closed the Public Hearing and requested direction from
the Board.
Motion:
Commissioner Caster MOVED, SECONDED by Commissioner Barfield, to approve the special use
request by Cheryl Aguilar to expand an existing child daycare center from five to eight children in an R-15
Residential Zoning District located at 305 Godfrey Court based on the evidence presented and the findings of facts
concluding that: 1) the use will not materially endanger the public health or safety if located and developed
according to the plan as submitted and approved; 2) the use meets all required conditions and specifications of the
Zoning Ordinance; 3) the use will not substantially injure the value of adjoining or abutting property or that the use
is a public necessity; and 4) 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 with the condition that after-school students will be picked up at school
primarily by the daycare provider. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the order granting the Special Use Permit and listing the findings of facts is hereby incorporated
as a part of the minutes and is contained in SUP Book IV, Page 24.1.
PUBLIC HEARING AND APPROVAL OF REQUEST BY WITHERS & RAVENEL, ON BEHALF OF
BELLWOOD AVENUE, LLC AND OTHERS, TO REZONE APPROXIMATELY 85 ACRES OF
PROPERTY LOCATED AT BELLWOOD AVENUE AND I-140 FROM R-20 RESIDENTIAL DISTRICT
TO B-2 HIGHWAY BUSINESS DISTRICT (Z-892, 12/08)
Chairman Davis opened the Public Hearing and requested staff to make the presentation.
Senior Planner Jane Daughtridge reported that Withers & Ravenel, on behalf of Bellwood Avenue, LLC
and others, are requesting to rezone approximately 85 acres of property located at Bellwood Avenue and I-140 from
R-20 Residential District to B-2 Highway Business District and presented a slide overview of the property.
The subject property is located in the northern portion of the county and accessed from Bellwood Avenue
that connects to Castle Hayne Road, near the off-ramp of I-140. With the opening of I-140, traffic counts in the area
show approximately a 5% decrease in annual average daily traffic between 2003 and 2007. Castle Hayne Road has
a 2007 Level of Service of E, meaning the road is operating at its design capacity. The Special Highway Overlay
District applies to this property and the property is not within the 100 year flood zone. The applicant envisions that
public water and sewer will be extended to serve this site.
Planning Director Chris OKeefe continued reporting that this proposal includes eleven parcels north of I-
140 at Castle Hayne Road. All but one of the parties involved have signed letters authorizing the request for this
rezoning. The other property owner (Carty) spoke at the Planning Board meeting, on his own behalf, in favor of the
change. The current zoning of R-20 low density residential allows for 1.9 units per acre or 4.25 units per acre for
high density projects with a special use permit. Therefore, the land could potentially generate between 160 and 360
residential units.
The B-2 commercial district is described as one that provides for the proper grouping and development of
roadside business uses which will best accommodate the needs of the motoring public and businesses demanding
high volume traffic. The district's principal means of ingress and egress shall be along collector roads, minor
arterials, and/or major arterials as designated on the County's Thoroughfare Classification Plan.
The subject property is just beyond the signalized intersection at the highway interchange; however, a
traffic impact analysis will be required for any development that generates more than 100 peak hour trips. Under the
current zoning, maximum traffic generation at peak hour would be about 275 at a.m. peak and about 365 at p.m.
peak. A change to high intensity commercial zoning will obviously generate many times more potential traffic,
depending on the ultimate uses included as the land develops.
Anticipating the expansion of General Electric and new residential development approved in this vicinity, a
wide range of goods and services and higher intensity business uses near a highway interchange could be viewed as
a benefit to the public. In 2003, the Wilmington Bypass steering committee recommended that this area would
remain classified as Resource Protection and that the interchange would be a prime site for expanded industrial and
manufacturing centers or a business park. The recently completed Castle Hayne Neighborhood Plan focused
attention on the traditional Castle Hayne commercial area and did not address zoning issues outside the corridor.
For these reasons, staff feels the proposal is well-placed and consistent with a variety of plans and policies for
growth in the county and recommends approval.
At its December 4, 2008 meeting, the Planning Board voted 4-0 to recommend approval of this proposal.
Two people spoke in favor of the request with no one speaking in opposition.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 5, 2009 PAGE 518
Chairman Davis asked if the Petitioner would like to speak on the request.
Cindee Wolf with Withers and Ravenel stated that she was representing Bellwood Avenue, LLC, and the
Burnett and Whisenant families, and confirmed that they are ready to proceed with the request. At the Planning
Board meeting the Carty family endorsed and joined in the petition. The proposed area is appropriate for
commercial development.
Chairman Davis asked if anyone would like to speak in opposition to or in favor of the request.
Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to approve the request by
Withers & Ravenel, on behalf of Bellwood Avenue, LLC and the Burnett and Whisenant families, to rezone
approximately 85 acres of property located at Bellwood Avenue and I-140 from R-20 Residential District to B-2
Highway Business District finding that the request is: 1) consistent with the purposes and intent of the Aquifer
Resource Protection land classification and the associated land use policies adopted in the 2006 land use plan; and 2)
reasonable and in the public interest to allow transition of land use from residential to commercial in proximity to a
major arterial intersection and an area slated for industrial expansion and future residential growth. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF CASTLE HAYNE OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 1,
1985 is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Castle Hayne Section, Page
25.2.
PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT BY JAMES BORDEAUX TO
LOCATE A SINGLE WIDE MOBILE HOME ON A 1.18 ACRE LOT LOCATED OFF LYNN AVENUE IN
AN RA-RURAL AGRICULTURAL DISTRICT (S-586, 1/09)
Chairman Davis opened the Public Hearing and announced that the special use process requires a quasi-
judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all
persons who signed in to speak or who want to present testimony to step forward to be sworn in.
The following persons were sworn in:
Jane Daughtridge
Chris OKeefe
James Bordeaux
E. Holt Moore
Senior Planner Jane Daughtridge reported that James Bordeaux is requesting to locate a single wide mobile
home on a 1.18 acre lot located off Lynn Avenue in an RA- Rural Agricultural District and presented a slide
overview of the request.
Planning Director OKeefe read the findings of facts into the record and continued reporting that staff
recommends that a condition be placed on the permit consistent with Section 72-27 for mobile homes in I-1 or I-2
districts, stating that after a twelve month period, the permit may be terminated after ninety days notice and after
review and recommendation by the Board of County Commissioners. Such a condition would not require the permit
to be terminated but would allow for termination of the permit if the area were transitioning in accordance with the
Castle Hayne plan.
In response to Board questions, Director OKeefe stated staff recommends the condition to allow for
termination of the permit in the event the proposed area is transitioning in accordance with the Castle Hayne plan
clarifying that since there is no way to know the timeframe of when this area will be developed this will provide the
Board with a caveat. Currently there is not adequate water and sewer available in this area for development.
Chairman Davis asked if anyone from the public wished to speak in favor of the request.
James Bordeaux, the Petitioner, stated that he agrees with the findings of facts as presented and the
condition as recommended by the Planning Board and staff. He has letters of support from two adjoining property
owners. The proposed request meets the conditions of the findings of facts as follows: 1) it is currently single
family occupied and will not generate additional traffic than would be expected for similar homes in the area; 2) the
lot meets all zoning requirements of the RA District; 3) at the present time there are three single wide mobile homes
on the adjoining property; and 4) this lot is a developed lot with approved well and septic system.
Chairman Davis asked if anyone from the public wished to speak in opposition to the request.
Attorney E. Holt Moore stated that he was representing John Edwards Higgins who owns property across
the street from the subject property. Mr. Higgins does not believe that a single wide mobile home would be in
harmony with the area or that it would be in general conformity with the plan of development for New Hanover
County and that it will injure the value of adjoining or abutting property. A double wide mobile home or stick built
structure would be harmonious with the area. On behalf of his client, he requested the Board deny the request.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 5, 2009 PAGE 519
In response to Board concerns, Mr. Bordeaux stated that the single wide mobile home that he is proposing
will be a current model with a shingled roof and vinyl siding and would look very much like a single family home.
In response to Board questions, Mr. Moore stated that even with the conditions listed his client would still
be opposed to the single wide mobile home but the conditions suggested would make it more palatable.
There being no further comments, Chairman Davis closed the Public Hearing and requested direction from
the Board.
Motion:
Vice-Chairman Thompson MOVED, SECONDED by Commissioner Caster, to approve the special use
request by James Bordeaux to place a single wide mobile home on a 1.18 acre lot located off Lynn Avenue in an
RA-Rural Agricultural District based on the evidence presented and the findings of facts concluding that: 1) the use
will not materially endanger the public health or safety if located and developed according to the plan as submitted
and approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will
not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) 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 with the following conditions: 1) that after a twelve month period the permit may be terminated, after ninety
days notice, and after review and recommendation by the Board of County Commissioners; 2) the roof will be
shingled; 3) vinyl siding will be used; and 4) the mobile home will be a 2005 or newer model. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of the order granting the Special Use Permit and listing the findings of facts is hereby incorporated
as a part of the minutes and is contained in SUP Book IV, Page 24.2.
PUBLIC HEARING AND APPROVAL OF REQUEST TO NAME AN UNIMPROVED ROAD LOCATED
NEAR THE 7200 BLOCK OF CAROLINA BEACH ROAD LITTLE PONY TRAIL AND ASSIGN NEW
STREET MAILING ADDRESSES (SN-107, 12/08)
Chairman Davis opened the Public Hearing and requested staff to make the presentation.
Principal Development Planner Sam Burgess reported that New Hanover County Emergency 911, New
Hanover County FireServices, and the property owners who live along an unimproved road located near the 7200
block of Carolina Beach Road are requesting to name their unnamed road Little Pony Trail and assign new street
mailing addresses.Presently, residents who livealong the road use Carolina Beach Road mailing addresses. The
unimproved road is an access easementthat was created back in the mid 1980s and varies in width from 30 to 60
feet and is approximately2,810 feet long. There are a total of nine residential homes along the road with eight of
the homes being affected by the proposed change.
One of the affectedlandowners suggested the name with all of the year round residents who live along the
road being in agreement with thename. No opposition has been presented to the Planning Department. A check of
the proposedname through Emergency 911 indicates that the name is unduplicated. The naming and addressing of
this road will allow visual location of the road and enhanced emergency service delivery.
Staff recommends that the unnamed road be named Little Pony Trail and that the present street mailing
addresses be changed. If approved by the Board a new street sign will be erected by the County and the property
owners will need to change their address by February 6, 2009.
Chairman Davis asked if anyone in the audience wished to speak in favor of or in opposition to the request.
Hearing no comments, Chairman Davis closed the Public Hearing and requested direction from the Board.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Caster, to name an unimproved road
located near the 7200 block of Carolina Beach Road to Little Pony Trail and assign new street mailing addresses
with property owners changing their present address by February 6, 2009. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the order is hereby incorporated as part of the minutes and is contained in Exhibit Book XXXII,
Page 1.5.
NON-AGENDA ITEMS
Chairman Davis announced that time had been reserved to allow the public to present an item that was not
listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes.
No items were presented.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 31
REGULAR MEETING, JANUARY 5, 2009 PAGE 520
ADJOURNMENT
There being no further business, Chairman Davis requested a motion to adjourn the meeting.
Motion:
Commissioner Caster MOVED, SECONDED by Vice-Chairman Thompson, to adjourn the meeting.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Davis adjourned the meeting at 7:39 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board