2016-02-01 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, FEBRUARY 1, 2016 PAGE 458
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, February 1, 2016 at
6:55 p.m. in the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina.
Members present: Chairman Beth Dawson; Vice-Chairman Jonathan Barfield, Jr.; Commissioner Skip
Watkins; Commissioner Woody White; and Commissioner Rob Zapple.
Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Clerk to the Board
Teresa Elmore.
INVOCATION AND PLEDGE OF ALLEGIANCE
Kathy Beach, Interim Associate Pastor for Christian Education and Care, First Presbyterian Church, provided
the invocation and Commissioner Zapple led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman Dawson asked if any member of the Board would like to remove or discuss any item on the Consent
Agenda. Hearing no comments, Chairman Dawson requested a motion to approve the Consent Agenda.
Motion:
Commissioner White MOVED, SECONDED by Vice-Chairman Barfield, to approve the consent agenda as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes – Governing Body
The Commissioners approved the minutes of the Agenda Review Meeting held on January 14, 2016 and the
Regular Meeting held on January 19, 2016, as submitted by the Clerk to the Board.
Appointment of County Manager and Chief Financial Officer to the Board of Directors for the New Hanover
County Financing Corporation – County Attorney’s Office
The Commissioners appointed County Manager Chris Coudriet and Chief Financial Officer Lisa
Wurtzbacher to the Board of the New Hanover County Financing Corporation. The term for each director is three
years.
Approval to Apply for the NCDEQ 2016 Community Waste Reduction and Recycling Grant – Environmental
Management Department
The Commissioners approved a grant application to the N.C. Department of Environmental Quality
(NCDEQ), in the amount of $30,000, to assist local governments with the implementation, expansion, and
improvement of waste reduction and recycling programs in North Carolina. The grant request is to fund a combination
of two projects. The first portion of the grant would be for the Household Hazardous Waste (HHW) Mobile Site
Expansion, and the second portion would be to provide funding for a new Composting Pilot Program in collaboration
with UNCW. If awarded, expenses for both programs over and above those provided by grant funding would be paid
from the Environmental Management Enterprise Fund in the FY 2016-17 budget.
Approval to Apply for the NCDEQ 2016 Mercury Grant – Environmental Management Department
The Commissioners approved a grant application to the N.C. Department of Environmental Quality
(NCDEQ), in the amount of $20,000, to assist local governments in developing, implementing, and expanding
recycling programs to collect products containing mercury. Particular emphasis has been placed on increasing the
number of public collection sites for fluorescent lights and mercury thermostats. The grant request proposes to
enhance service delivery to the public by providing mercury product collection, along with other Household
Hazardous Waste (HHW) and electronic waste collection to County residents for whom access to the existing
collection facility's location is inconvenient. Expansion of the program will provide collection services one day a
week at three new sites in the County: Wrightsville Beach, Carolina/Kure Beach and in Ogden. If awarded, the grant
would provide partial funding for the collection vehicle, recycling services and supplies to implement the program in
FY 2016-17, along with $1,300 per year funding for mercury product recycling services in FY 2017-18 and FY 2018-
19. Expenses over and above the grant funding would be paid from the Environmental Management Enterprise Fund
in the FY 2016-17 budget.
Approval of November 2015 Tax Collection Reports – Tax Department
The Commissioners accepted the Tax Collection Reports of New Hanover County and New Hanover County
Fire District as of November 2015.
Copies of the Tax Collection Reports are hereby incorporated as part of the minutes and are contained in
Exhibit Book XL, Page 3.1.
Adoption of Order for Advertisement of 2015 Unpaid Tax Liens on Real Property – Tax Department
The Commissioners adopted an order authorizing the Collector of Revenue to have published once in a local
newspaper all unpaid 2015 tax liens on real property during the period prescribed by law. The advertisement will
combine the liens of the County of New Hanover, City of Wilmington, Town of Carolina Beach, Town of Kure Beach,
Town of Wrightsville Beach, and the Fire Service District taxes thereon.
A copy of the order is hereby incorporated as part of the minutes and is contained in Exhibit Book XL, Page
3.2.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, FEBRUARY 1, 2016 PAGE 459
PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY CINDEE WOLF OF DESIGN
SOLUTIONS ON BEHALF OF THE KRUEGER FAMILY TRUST, PROPERTY OWNER, AND STEPHEN
FASUL, CONTRACT PURCHASER, TO REZONE 3.15 ACRES LOCATED AT 7755 MARKET STREET
FROM (CZD) B-2, CONDITIONAL HIGHWAY BUSINESS ZONING DISTRICT, TO (CZD) B-2,
CONDITIONAL HIGHWAY BUSINESS ZONING DISTRICT, TO AMEND A PREVIOUSLY APPROVED
CONDITIONAL ZONING DISTRICT FOR A MINI-WAREHOUSE USE (Z-942M)
Chairman Dawson opened the public hearing and requested staff to make the presentation.
Current Planner Brad Schuler presented the request submitted by Cindee Wolf of Design Solutions on behalf
of the Krueger Family Trust, property owner, and Stephen Fasul, contract purchaser, to rezone 3.15 acres located at
7755 Market Street from (CZD) B-2, Conditional Highway Business District, to (CZD) B-2, Conditional Highway
Business District to amend a previously approved Conditional Zoning District for a mini-warehouse use. The property
was rezoned at the August 17, 2015 meeting to a Conditional B-2 District; however, the petitioner is requesting a
modification to the site plan that requires the submittal of a new rezoning application. The petitioner is seeking to
change the size and location of the proposed storage buildings. The undeveloped property on Market Street is located
near other commercial properties that include office, retail and warehouse uses and across the street are multi-family
developments.
The proposed use does not create peak hour trips in an amount necessary to require a Traffic Impact Analysis
(TIA) and it is expected to generate 12 peak a.m. hour trips and 21 peak p.m. hour trips per day. NCDOT traffic
volume maps and the WMPO traffic counts found in that area of Market Street has an average daily traffic (ADT) of
38,000 and 37,600 vehicles per day, respectively. Market Street’s capacity from Gordon Road to north of Sweetwater
Road is 43,700 vehicles per day and operates at a Level of Service of “E”, meaning its operation is at or near the
street’s capacity level.
The site and surrounding area are classified as Transition according to the 2006 CAMA Plan. The purpose
of the Transition class is to provide for future intensive urban development on lands that have been or will be provided
with necessary urban services. The proposed site plan increases the gross floor area of the buildings and reduces the
amount of impervious coverage on the property. The reduction in impervious coverage will allow for an existing pond
on the property to be preserved and modified for stormwater retention. The width of the rear bufferyard is to be
increased. The current approved site plan allows for five buildings to be constructed totaling 52,700 square feet. The
proposed site plan will increase the gross floor area of the proposed buildings from 52,700 square feet to 79,000 square
feet mostly due to the storage area being a two-story building.
At the January 7, 2016 meeting, the Planning Board voted 6-0 to recommend approval of the rezoning,
finding that the application is: 1.) Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because
the “Transition” classification allows for future intensive urban development. The subject site is along a major
thoroughfare, adjacent to existing commercial uses, and is best suited for non-residential uses; and 2.) Reasonable
and in the public interest because it maximizes the effectiveness of commercial uses by assuring that land is available
for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do
not diminish the quality of life in nearby residential areas, with the following conditions:
1. The existing vegetation must be preserved within the rear bufferyard to the maximum extent practicable.
The rear bufferyard shall consist of the preserved vegetation, which shall be supplemented as necessary
to provide a fully opaque screen, and an eight-foot tall solid-wood fence.
2. The hours of operation shall be limited to 6:00 a.m. to 10:00 p.m.
3. The proposed buildings shall be designed and constructed consistent with the architectural renderings
included in the application, including using similar building materials and incorporating similar design
elements such as wall and color offsets, glazing, and corner design features.
Staff recommends approval of the application with the proposed conditions concluding that the request is
consistent with the requirements of the zoning ordinance and also the 2006 Wilmington-New Hanover County CAMA
Land Use Plan. Specifically, the property is adjacent to a commercial node along Market Street, supporting Policy
4.3 of the CAMA Land Use Plan. The applicant has agreed to the conditions and will dedicate a 20-foot pedestrian
easement along Market Street to the County in order to allow a future multi-use path to be install in accordance with
the Market Street Corridor Study and Comprehensive Greenway Plan.
Cindee Wolf, the petitioner representing the Krueger Family Trust, property owner, and Stephen Fasul,
contract purchaser, presented the request for the modification and reported that Mr. Fasul began to consider other
ways of providing better service and looked at building a multi-story storage facility with freight elevators. The
proposed site plan for the two-story building includes:
The rear buffer to the residential properties has been doubled in width to 45 feet, leaving a larger area of
existing vegetation to buffer and screen those homes from the project.
The proposed eight-foot high, solid-wood fence will still be installed, but now along the 45-foot offset.
Vehicular circulation in the back has been eliminated.
The overall impervious surfaces have been reduced to less than 50% coverage.
There is no pavement in front of the building-allowing a nicer streetscape view.
The existing pond will be upgraded for the stormwater management rather than filled.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, FEBRUARY 1, 2016 PAGE 460
In response to questions, Ms. Wolf explained that the two-story building would have three access points and
several emergency access/exit points and would include security cameras and fire sprinkler systems. The petitioner
would abide by all permitting and construction authorizations.
Commissioner Zapple asked Ms. Wolf if the petitioner would agree to a condition to install a right turn lane
as shown on the proposed site plan. Ms. Wolfe responded that NCDOT would most likely require the right turn lane;
however, the determination would be based on NCDOT regulations and guidelines and not on conditions for the
approved site plan.
Bill McDow, Engineer with the Wilmington Urban Area Metropolitan Planning Organization, agreed that
NCDOT would primarily make their decision for the driveway permit based on guidelines and engineering judgment
established by NCDOT. Based on the traffic conditions and congestion at peak hours, a right turn lane would be very
beneficial for the driving public; however, the average trips per day for storage facilities may not justify a right turn
lane. Requiring a turn lane without meeting the specifications may result in litigation.
Commissioner Zapple stated that an area of most concern with the public is the traffic congestion on Market
Street. Although he understood and respected the authority of NCDOT, he believed the Commissioners should take
all steps possible to improve traffic conditions on that section of roadway; and without a right turn lane, trucks pulling
into the storage facility would increase traffic congestion on Market Street.
The Commissioners continued discussion on the ways in which the Board could address traffic issues. Vice-
Chairman Barfield commented that NCDOT has authority over the roadways and would make determinations based
on their rules and he cautioned the Commissioners against making zoning decisions based on traffic concerns that
may lead to litigation.
Mr. McDow stated that NCDOT’s regulations, in accordance with General Statute 136-18(29), “may require
the construction and public dedication of acceleration and deceleration lanes, and traffic storage lanes and medians by
others for the driveway connections into any United States route, or North Carolina route, and on any secondary road
route with an average daily traffic volume of 4,000 vehicles per day or more; and when a district engineer determines
that such treatment is necessary to avoid congestion or unsafe conditions on a state-maintained road or the traffic
impact study indicates a need for an auxiliary lane or taper.” He reported that three of the four conditions are met and
most likely NCDOT would require the turn lane. Commissioner Zapple said that he was satisfied that the regulations
would be sufficient to address the matter.
Chairman Dawson closed the Public Hearing and informed the petitioner that if a rezoning request is denied,
a new application may only be submitted within twelve months of the denial if there is a substantial change in the
original petition for rezoning. She asked whether the petitioner wanted to continue the application to a future meeting
or to proceed with the Board deciding whether to grant or deny the application. Ms. Wolf requested the Board to
proceed with the decision. Chairman Dawson requested direction from the Board.
Motion
: Commissioner Watkins MOVED, SECONDED by Vice-Chairman Barfield, to approve, as the Board of
Commissioners find that this request for a zoning map amendment of 3.15 acres at 7755 Market Street from (CZD)
B-2, Conditional Highway Business Zoning District, to (CZD) B-2, Conditional Highway Business Zoning District,
to amend an existing conditional zoning district as described is: 1.) Consistent with the purposes and intent of the
2006 CAMA Land Use Plan because the “Transition” classification allows for future intensive urban development.
The subject site is along a major thoroughfare, adjacent to existing commercial uses, and is best suited for non-
residential uses; and 2.) Reasonable and in the public interest because it maximizes the effectiveness of commercial
uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by
ensuring that such commercial uses do not diminish the quality of life in nearby residential areas; with the following
conditions:
1. The existing vegetation must be preserved within the rear bufferyard to the maximum extent practicable.
The rear bufferyard shall consist of the preserved vegetation, which shall be supplemented as necessary
to provide a fully opaque screen, and an eight-foot tall solid-wood fence.
2. The hours of operation shall be limited to 6:00 a.m. to 10:00 p.m.
3. The proposed buildings shall be designed and constructed consistent with the architectural renderings
included in the application, including using similar building materials.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP
OF AREA 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971, is hereby
incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 73.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chairman Dawson reported that no one had signed up to speak on non-agenda items.
Chairman Dawson welcomed Kevin Leonard, Executive Director of the NC Association of County
Commissioners (NCACC). Mr. Leonard spoke briefly on the great leadership provided by the Commissioners of New
Hanover County since 1908 and thanked the Commissioners for supporting and participating in the programs and
training opportunities offered by the association.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, FEBRUARY 1, 2016 PAGE 461
ADDITIONAL ITEMS
County Manager Coudriet thanked the Commissioners for their commitment to schedule the strategic
planning session for the budget process on March 23, 2016 and said that he looked forward to the
discussion on the policies addressing the fund balance and debt service of the County.
Chairman Dawson expressed appreciation to staff for the work involved in preparation of the State of
the County address.
ADJOURNMENT
There being no further business, Chairman Dawson adjourned the meeting at 7:44 p.m.
Respectfully submitted,
Teresa P. Elmore
Clerk to the Board
Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The
entire proceedings are available for review and checkout at all New Hanover County Libraries and on-line at www.nhcgov.com.