2016-08-01 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, AUGUST 1, 2016 PAGE 584
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, August 1, 2016, at
4:00 p.m. in the Assembly Room of 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; and Commissioner Rob Zapple. Commissioner Woody White was absent.
Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Clerk to the Board
Teresa Elmore.
INVOCATION AND PLEDGE OF ALLEGIANCE
The Very Reverend Robert J. Kus, Basilica Shrine of St. Mary, provided the invocation and Vice-Chairman
Barfield led the audience in the Pledge of Allegiance to the Flag.
ANNOUNCEMENT OF NHCTV ANNIVERSARY
Chairman Dawson announced that NHCTV made its first broadcast 15 years ago this month on August 6,
2001. Since then NHCTV has covered more than 335 Commissioner meetings as well as Planning Board meetings
and countless other programs and events. She congratulated the media production team of Mark Boyer, Brett Cottrell
and Eric Peterson and thanked them for their award winning programming that helps keep the public informed about
County Government and its services and programs.
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 none, Chairman Dawson requested a motion to approve the Consent Agenda.
Motion:
Commissioner Watkins MOVED, SECONDED by Commissioner Zapple, to approve the Consent Agenda
as presented. Upon vote, the MOTION CARRIED 4 to 0.
CONSENT AGENDA
Approval of Minutes – Governing Body
The Commissioners approved minutes of the Regular Meeting of July 11, 2016.
Adoption of State Road Resolution – Governing Body
The Commissioners adopted NCDOT State Road Resolution in support of adding the following roads to the
state system:
Stones Edge Loop Road, Wynstone Court and Brier Crest Drive located within the Stones Edge Subdivision
in New Hanover County (Division File No. 1229-N)
A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XL,
Page 14.1.
Adoption of Purple Heart Day Proclamation – Sheriff’s Department
The Commissioners adopted a proclamation declaring Sunday, August 7, 2016 as Purple Heart Day in New
Hanover County. Vice-Chairman Barfield will present the proclamation at the Cape Fear Purple Heart dinner on
August 13, 2016.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XL, Page 14.2.
Approval of Waiver of Landfill Tipping Fees for the Good Shepherd Center – Environmental Management
Department
The Commissioners approved a waiver of landfill tipping fees for the Good Shepherd Center, a non-profit
organization that provides food, clothing and shelter for the homeless, and assists them with their transition to
permanent housing. The waiver is for a maximum cap of five tons and is restricted to waste generated within the
County. The waiver of $250 is the first for fiscal year 2016-17.
A copy of the application is available for review in the Environmental Management Department.
Approval of May 2016 Tax Collection Reports – Tax Department
The Commissioners accepted the Tax Collection Reports of New Hanover County and New Hanover County
Fire District as of May 2016.
Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit
Book XL, Page 14.3.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, AUGUST 1, 2016 PAGE 585
Acceptance of State Grant Award from the Shallow Draft Inlet Fund and Adoption of Associated Budget
Amendment – Engineering Department
The Commissioners accepted a grant award of $21,000 from the N.C. Division of Water Resources’ Shallow
Draft Inlet Fund and adopted the associated budget amendment 17-001 for the Room Occupancy Tax Fund. The grant
will fund the permit modification process for future maintenance dredging of Carolina Beach Inlet.
A copy of the budget amendment is hereby incorporated as part of the minutes and is contained in Exhibit
Book XL, Page 14.4.
REGULAR ITEMS OF BUSINESS
ADOPTION OF A PROCLAMATION DECLARING AUGUST 2016 AS COAST GUARD MONTH
Chairman Dawson introduced and welcomed representatives from the U.S. Coast Guard Sector NC
Commander, Captain Patricia J. Hill; USCGC Diligence Executive Officer LCDR Brian Chapman; and USCG Station
Wrightsville Beach BMCS D. Lane Marshburn; their chief executive officers, and retired officers Captain USCG
RET. Dennis Ihnat and Commander USCG RET. Chris May.
Chairman Dawson announced that the Board is considering a proclamation to declare August 2016 as Coast
Guard Month in appreciation of the men and women who serve our area. Commissioner Zapple read the proclamation
into the record and moved for adoption.
Motion
: Commissioner Zapple MOVED, SECONDED by Chairman Dawson, to adopt the proclamation declaring
August 2016 as Coast Guard Month in New Hanover County and in recognition of the 226th Anniversary of the U.S.
Coast Guard. Upon vote, the MOTION CARRIED 4 to 0.
Captain Hill, LCDR Chapman, and BMCS Marshburn spoke briefly in appreciation of the recognition of the
th
226 birthday of Coast Guard and the support from the community for the men and women of the Coast Guard.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XL, Page 14.5.
PRESENTATION OF PROPOSED SCHEDULE OF VALUES FOR 2017 TAX REVALUATION
Tax Administrator Roger Kelley presented the proposed Schedules, Standards, and Rules for the 2017 Tax
Revaluation per N.C. General Statute 103-317(c). He requested the Board to authorize staff to schedule a public
hearing to receive comments on the Schedule of Values at the Regular Meeting of August 22, 2016 at 9:00 a.m. or
shortly thereafter. Board adoption of the Schedule of Values would be placed on the agenda for the September 6,
2016 meeting at 4:00 p.m. After adoption by the Board, any appeal should be made to the N. C. Property Tax
Commission within 30 days.
Chairman Dawson requested direction from the Board.
Motion
: Vice-Chairman Barfield MOVED, SECONDED by Commissioner Watkins, to authorize staff to schedule a
public hearing to receive comments on the proposed 2017 Schedule of Values at the Board’s meeting on August 22,
2016 at 9:00 a.m. or shortly thereafter. Upon vote, the MOTION CARRIED 4 to 0.
Copies of the proposed Schedule of Values are available for review in the Tax Department and the
Commissioners’ Office.
CONTINUANCE OF PUBLIC HEARING AS REQUESTED BY OPTIMA TOWERS IV, FOR A SPECIAL
USE PERMIT TO INSTALL A TELECOMMUNICATIONS TOWER ON AN 0.80-ACRE PARCEL
LOCATED AT 2020 CORPORATE DRIVE (S-630, 7/16)
Chairman Dawson stated that the applicant, Optima Towers IV, has requested that the item be continued and
requested staff to provide an update.
Current Planning and Zoning Supervisor Ben Andrea reported that at a meeting in March, the CFPUA Board
discussed the structural deficiencies of a water tower located in the North Chase community. Based on that discussion,
the petitioner submitted a request for a new cell phone tower as a structure for the antennas. However, the water tower
may stay in place, but there is some questions on whether it will host the antennas and accommodate future antennas.
Scotts Holmes, attorney with Murchison, Taylor and Gibson, PLLC, representing the petitioner, Optima
Towers IV, requested the Board grant a continuance of the public hearing for a special use permit until October 3,
2016 in order to assess additional information for the application.
Chairman Dawson requested direction from the Board.
Motion
: Commissioner Watkins MOVED, SECONDED by Commissioner Zapple, to continue the public hearing for
a special use permit request by Optima Towers IV, on property located at 2020 Corporate Drive, until the Regular
Meeting of October 3, 2016. Upon vote, the MOTION CARRIED 4 to 0.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, AUGUST 1, 2016 PAGE 586
PUBLIC HEARING AND APPROVAL OF REQUEST BY PARAMOUNTE ENGINEERING, APPLICANT,
ON BEHALF OF THE PROPERTY OWNERS, RALEIGH WILMINGTON INVESTORS, LLC,
GREENSTICK ACQUISITIONS, LLC, AND HENNA S. DUNCAN, TO REZONE 17.42 ACRES LOCATED
AT THE 2400 BLOCK OF MIDDLE SOUND LOOP ROAD FROM R-20S, RESIDENTIAL DISTRICT, TO
(CZD) R-20, CONDITIONAL RESIDENTIAL DISTRICT, IN ORDER TO DEVELOP A 32-LOT
PERFORMANCE RESIDENTIAL SUBDIVISION (Z-959, 7/16)
Chairman Dawson opened the public hearing and requested staff to make the presentation.
Current Planner Brad Schuler reported that the petitioner is seeking to rezone the 17.42 acres currently zoned
R-20S, Residential District, to (CZD) R-20, Conditional Residential District, in order to develop a 32-lot performance
residential subdivision and he presented a slide overview of the property and the surrounding area, noting that the
Middle Sound/Ogden area consists mostly of detached single family dwellings. The property to be rezoned consists
of four parcels of undeveloped land with one parcel containing a family dwelling. The property is mostly wooded and
may have some potentially regulated wetlands.
Performance residential developments have no minimum lot size, instead have a maximum density standard
applied for a maximum of 1.9 dwelling units per acre in an R-20 District. There is a 20-foot building setback from
the perimeter and 10-foot spacing between buildings. A conceptual site plan shows that the development will have
45% of the property dedicated as open spaces for wetland and stormwater control areas and a trail for recreational use
by the residents. A portion of the wetlands will require mitigation in order for the site to obtain access to Middle
Sound Road and that will require a permit from the Corps of Engineers. Low impact development (LID) techniques
will be applied in order to be consistent with policies of the land use plan. An access easement for three large lots in
the rear of property will remain and include a ten-foot buffer alongside it.
In regards to traffic, the development would generate 32 trips in the AM peak, and 38 trips in the PM peak
and does not require a traffic impact analysis. A traffic count performed on Middle Sound Loop Road in 2013 found
an annual average daily traffic count of 5,200-5,800 trips. Middle Sound Road has a capacity of 9,600 daily trips,
which would equate to a “C” Level of Service. No road projects are planned for Middle Sound Loop Road; however,
NCDOT projects planned for that portion of Market Street include:
Project U-4902: Access management improvements on Market Street from Lendire Road to Marsh Oaks
Drive to include a center median, sidewalk, and multi-use path with construction to begin in 2020
Project U-4751: Extension of Military Cutoff to I-140 with construction to begin in 2018
Ogden Marketplace: Improvements associated with the development of a grocery store/shopping center
located at the corner of Market Street and Middle Sound Loop Road to include realignment of Lendire
Road and a turn lane on Middle Sound Loop Road.
Staff concludes that the application is consistent with the requirements of the 2006 Wilmington-New Hanover
County CAMA Land Use Plan. The site is classified as Watershed Resource Protection with the purpose to protect
the creeks from pollutant laded stormwater runoff from impervious surfaces within the watershed. The proposal
complies with Policy 3.12 of the Land Use Plan because the development will utilize features to help filtrate pollutants
including natural vegetation, infiltration swales, and bio-retention areas. The developer plans to implement strategies
to minimize new impervious surfaces, retrofit protection measures to improve water quality of runoff from existing
impervious surfaces, and promote low impact best management practices. In reviewing the 2016 Comprehensive
Land Use Plan, the property is classified as General Residential Place Type, which provides for lower density housing
and associated civic and commercial uses. Housing is typically single-family or duplexes and the ideal density is 1 to
6 dwelling units per acre. The plan also promotes environmentally responsible growth including conserving
environmentally critical areas and protecting water quality and supply. The development is also consistent with the
1987 Middle Sound/Ogden Small Area Plan and meets the intent of the Residential District by using the performance
residential standards of more open space and limited impact to the environment.
Staff recommends approval with the following conditions, which have been agreed upon with the applicant:
1. Duplex, multi-family, and mobile home housing shall be prohibited.
2. Impervious coverage shall not exceed 30% of the site.
3. In addition to meeting county and state stormwater requirements, the development shall incorporate Low
Impact Development (LID) techniques as described in the City of Wilmington/New Hanover County
LID Guidance Manual, and qualify as a LID project as determined by the County’s Technical Review
Committee (TRC).
4. Existing vegetation located within the proposed open space areas shall be preserved to the maximum
extent practicable, and only be removed in order to install necessary infrastructure needed to comply
with applicable county and state regulations.
5. A 20-foot access easement shall be dedicated to the County along Middle Sound Loop Road for the
purpose of installing a future pedestrian facility.
The Planning Board voted in July to recommended approval of the request with the conditions as stated.
Seven residents spoke in opposition citing concerns about the development's impacts on drainage, traffic, and schools,
and said that the development would not be in harmony with the area.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, AUGUST 1, 2016 PAGE 587
In response to questions, Mr. Schuler said that the developer plans to extend water and sewer services to the
area. Planning and Zoning Supervisor Ben Andrea explained the types of low impact development techniques that
would be used on the site.
Chairman Dawson invited the petitioner to comment.
Dan Weeks, landscape architect with Paramounte Engineering on behalf of the property owners, requested
the Board to rezone the property to R-20 in order to develop a 32-lot performance residential development highlighting
:
the following
Three access points to site: Barren Inlet Road, Middle Sound Loop Road and an existing 30-foot
easement on the northern boundary
No intent to use Barren Inlet Road as an access or to use the northern boundary easement
Wetlands will be integrated into open space and remain as preservation areas
Single family detached lots; no multi-family and mobile homes allowed per conditions
Performance Residential promotes flexibility in design thus allowing “clustering” the lots in the interior
core
Preserves external natural buffers to adjacent properties
Main access at Middle Sound Loop Road
Preserves on-site wetlands
Comprehensive stormwater management for the site and adjacent neighbors, which helps address
existing issues
Required open space is .96 acre (32 x .03); providing 7.94 acres or 45% of site for open space
Incorporating low impact development techniques for stormwater management
Proposed density is 1.8 units/acre
In summary:
Request is in concert with CAMA land use plan policies - 3.12, 2.1, 2.3, 3.7
Future land use plan designates area as “general residential”
By designing the tract under the performance residential standards, 45% of the site is preserved for
open space, wetlands are preserved, lots will have defined building pads and impervious allocations
(deed restrictions) on a per lot basis
Consistent with the 1987 Middle Sound/Ogden Small Area Plan
Land will be developed – this plan applies a proactive design approach, utilizing smart growth
planning tools that employ a comprehensive plan verses a fragmented development approach
The number of lots allowed under R-20S zoning = 17.43 acres minus 10% for roads = 15.69 acres,
divided by .46 acre (20,000 square foot lots) = 34 lots
Number of units in an R-20 District is an estimate and would include wetland areas as part of a
lot to meet the minimum lot size, thus wetlands and natural features would not be preserved
Request is a better solution for development of the tract
A brief discussion was held on the calculations for the performance development pointing out that a
performance residential development has more opportunity to protect environmentally sensitive areas and sometimes
more lots can be achieved. In R-20S and R-20 Districts, the number of lots are determined by the lot size of 20,000
square feet, plus other space needs for stormwater control, roads, recreational areas and setbacks. Mr. Weeks
confirmed that water and sewer services would be extended to the subdivision.
Chairman Dawson reported that no one had signed in to speak and asked if anyone wanted to comment.
Wayne Hewitt, a resident of Songbird Court and adjacent to the proposed development, reported that he
purchased a 30,000-35,000 square foot lot from Forever Homes three years ago and built a 3,800 square foot house
on the property. He said that he believed the smaller lots and houses of the proposed development would have a
negative impact on the value of his home and he requested the Board to require a vegetative buffer adjacent to the
easement, as his home would face the backside of the homes in the proposed development.
Mr. Schuler responded that one of the recommended conditions is to preserve the existing vegetation to the
maximum extent practical and to include a ten-foot vegetative buffer adjacent to the 30-foot access easement.
Jon Vincent, on behalf of Raleigh Wilmington Investors, said that the access easement is for the three lots at
the rear of the 17.42 acres. Although he sympathizes with the homeowners of Anchor’s Bend and the owners of the
three lots, he is unable to take on the obligations and liabilities of Forever Homes, who is in foreclosure. He offered
to work with the neighbors in putting a six-foot fence along the road easement and donate land if the neighbors want
to share in the cost of the fence. He noted that the reason for requesting a performance residential rezoning is to
address concerns of the environment and the ecological damage that could be caused under the current R-20S zoning.
In discussion of the buffer between the two developments, Mr. Schuler proposed that the Board could ask
the developer to create a visual buffer on the lots where there is no vegetation. In response of whether the rezoning
would create less lots and provide greater environmental protection, Mr. Schuler explained that the rezoning would
allow for the dedication of more open space and will help with the environmentally critical areas.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, AUGUST 1, 2016 PAGE 588
Hearing no further comments, Chairman Dawson closed the public hearing and asked the petitioner whether
to continue the application to a future meeting or to proceed with the Board deciding whether to approve or deny the
application. Mr. Vincent requested the Board to proceed with a decision. Chairman Dawson requested direction from
the Board.
Motion
: Commissioner Watkins MOVED, SECONDED by Commissioner Zapple, to approve the request by
Paramounte Engineering, on behalf of the property owners, Raleigh Wilmington Investors, LLC, Greenstick
Acquisitions, LLC, and Henna S. Duncan, to rezone 17.42 acres located at the 2400 block of Middle Sound Loop
Road from R-20S, Residential District, to (CZD) R-20, Conditional Residential District, in order to develop a 32-lot
Performance Residential Subdivision, as the Board finds that the application as described is: 1.) Consistent with the
purposes and intent of the 2006 CAMA Land Use Plan because the development, in accordance with Policy 3.12 of
the plan, will incorporate Low Impact Development techniques designed at filtrating stormwater runoff. The proposal
is also consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed density is
consistent with the ideal density range of the General Residential Place Type and because the development promotes
responsible growth by preserving environmentally critical areas. 2.) Reasonable and in the public interest because
the performance residential standards provide for the preservation of increased amounts of open space for the
continuing enjoyment of the residents, to protect the natural environment and wildlife habitats, and to provide for
recreational opportunities; with the following conditions:
1. Duplex, multi-family, and mobile home housing shall be prohibited.
2. Impervious coverage shall not exceed 30% of the site.
3. In addition to meeting county and state stormwater requirements, the development shall incorporate Low
Impact Development (LID) techniques as described in the City of Wilmington/New Hanover County
LID Guidance Manual, and qualify as a LID project as determined by the County’s Technical Review
Committee (TRC).
4. Existing vegetation located within the proposed open space areas shall be preserved to the maximum
extent practicable, and only be removed in order to install necessary infrastructure needed to comply
with applicable county and state regulations.
5. A 20-foot access easement shall be dedicated to the County along Middle Sound Loop Road for the
purpose of installing a future pedestrian facility.
Upon vote, the MOTION CARRIED 4 to 0.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP
OF AREA 3 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED MAY 18, 1970, is hereby
incorporated as a part of the minutes and is contained in Zoning Book I, Section 3, Page 15.
PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY DESIGN SOLUTIONS, ON
BEHALF OF THE PROPERTY OWNERS, 6943 MARKET, LLC, TO REZONE 2.07 ACRES LOCATED AT
THE 8800 BLOCK OF MARKET STREET FROM R-15, RESIDENTIAL DISTRICT, TO (CZD) B-1,
CONDITIONAL BUSINESS DISTRICT, IN ORDER TO DEVELOP TWO COMMERCIAL/OFFICE
BUILDINGS (Z-960, 7/16)
Chairman Dawson opened the public hearing and requested staff to make the presentation.
Current Planner Brad Schuler reported that the petitioner is seeking to rezone 2.07 acres in order to develop
two commercial/office buildings and presented a slide overview of the property and surrounding area. The property
is located on Market Street, north of the I-140 interchange, and was zoned R-15 when zoning was initially applied to
this area in 1971. Zoning in the vicinity consists mostly of residential zoning; however, a couple of commercially
zoned properties are along Market Street. Just south is an existing B-1 District containing a building that is currently
being used as a contractor’s office. A small portion of R-15 zoning is located between the property and the B-1
District. The North New Hanover Regional Medical Center Emergency Department is located to the north on property
that includes plans for a major subdivision, charter school, and office/retail uses. The Stephens Pointe Apartments
are located to the southwest, across Market Street, on property zoned (CUD) O&I.
A conceptual site plan shows a proposal to develop two commercial/office buildings totaling 10,150 square
feet for the following allowed uses in the B-1 District: special trade and general contractors with no outside storage;
furniture, home furnishings and equipment; general merchandise; handcrafting small articles; hardware; miscellaneous
retail; barber/beauty shop; business services including printing; personal services; clock, watch and jewelry repair;
and offices for private businesses and professional activities. The property owner intends to use one building for a
paint and flooring store.
The proposed uses should not generate 100 trips a day and does not require a traffic impact analysis. NCDOT
conducted a traffic count in 2013 and found an annual average daily traffic of 34,000 trips. This portion of Market
Street has a capacity of 43,700 daily trips, which equates to a “D” Level of Service and is considered acceptable. A
dirt driveway runs through the property and provides access to a parcel to the east. The applicant has agreed to
continue providing an access and will dedicate an official access easement to the adjoining property owner. Portions
of the existing driveway will be removed and access will be provided through the parking lot of the proposed
development.
The site is classified as Transition in the 2006 CAMA Land Use Plan, and the classification allows for future
intensive urban development on lands that have been or will be provided with necessary urban services. The Future
Land Use Map of the 2016 Comprehensive Land Use Plan classifies the property as Community Mixed Use Place
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, AUGUST 1, 2016 PAGE 589
Type and focuses on small-scale, compact, mixed use development patterns that promotes multimodal travel and acts
as an attractor for residents and visitors. Retail uses are appropriate within the Community Mixed Use Place Type
provided they are limited to a maximum of two stories and are of low to moderate density. The plan also encourages
light intensity non-residential uses to promote community level services.
Staff recommends approval of the application and concludes that overall the request is consistent with the
zoning ordinance, 2006 CAMA Land Use Plan and the 2016 Comprehensive Plan. Signage will be located on the
property noting the address of the parcel located to the east. At the July 7, 2016 meeting, the Planning Board voted
to recommend approval with conditions as recommended by staff and added a fourth condition ensuring that the
development will be screened from residential uses and zoning districts.
In discussion, Mr. Schuler responded to questions about the buffer and he explained that an opaque buffer
would surround the perimeter except the frontage that would have to meet streetscaping requirements.
Chairman Dawson invited the petitioner to make comments.
Cindee Wolf, of Design Solutions on behalf of the property owners, 6943 Market, LLC, requested the Board
rezone 2.07 acres located at the 8800 block of Market Street from R-15, Residential District, to (CZD) B-1,
Conditional Business District, in order to develop two commercial/office buildings. A narrow strip of R-15 District
exists and is used for access to the back property and the owner of that property is not interested in rezoning the strip
of property. Access will be provided to the existing land-locked lots that use the dirt driveway. Although the buffer
requirements are part of the ordinance, the Planning Board added the opaque buffer as a condition for the rezoning
including the narrow strip of road easement.
In response to questions, Ms. Wolf explained that the property would be used for a paint and flooring business
and on the other side of the ditch, a 3,500 square foot building would be developed according to the approved list of
uses. She noted that the highway drains into the creek or ditch area and the property owner is required to maintain the
drainage easement underneath the parking lot and the driveway to the residential area.
Chairman Dawson reported that no one had signed in to speak in favor or opposition of the request and
hearing no further comments or questions from the Board, she closed the public hearing.
Chairman Dawson asked the petitioner whether to continue the application to a future meeting or to proceed
with the Board deciding whether to approve or deny the application. Ms. Wolf responded to proceed with a decision
by the Board and she agreed with the recommended conditions.
Motion
: Commissioner Zapple MOVED, SECONDED by Commissioner Watkins, to approve a request by Design
Solutions, on behalf of the property owners of 6943 Market, LLC, to rezone 2.07 acres located at the 8800 block of
Market Street from R-15, Residential District, to (CZD) B-1, Conditional Business District, in order to develop two
commercial/office buildings, as the Board finds that the application as described is: 1.) Consistent with the purposes
and intent of the 2006 CAMA Land Use Plan because the Transition classification provides for intensive urban
development on lands that have been provided with necessary urban services. The property is located on a major
arterial street and is in close proximity to public water and sewer services. In addition, the Land Use Plan encourages
commercial development to occur on major thoroughfares and at major intersections in the County. The proposal is
also consistent with 2016 Comprehensive Plan because it provides light intensity nonresidential uses within existing
residential areas to provide community level service. 2.) Reasonable and in the public interest because it maximizes
the effectiveness of commercial uses by locating them within close proximity to the markets they serve and by ensuring
that such commercial uses do not diminish the quality of life of the existing residential communities; with the
following conditions:
1. A 20-foot wide access easement shall be dedicated to the County along Market Street for the purpose of
installing a future pedestrian facility.
2. A connection for future parking lot cross-access shall be provided to the adjoining land south of the
proposed development. The connection shall be constructed to the property line.
3. Signage shall be included on site indicating the address of any property for which access is provided
through the site. The signage shall comply with applicable county standards.
4. A fully opaque buffer shall be provided along the perimeter of the development to screen it from adjacent
residential uses and zoning.
Upon vote, the MOTION CARRIED 4 to 0.
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 74.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chairman Dawson reported that no one from the public had signed in to speak on non-agenda items.
ADDITIONAL ITEMS
Commissioner Zapple reported that he attended the 2016 NACO Conference along with Chairman
Dawson and County Manager Coudriet. Major issues and topics were discussed in breakout sessions
and attended by more than 2,300 counties from across the country. He attended several sessions
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, AUGUST 1, 2016 PAGE 590
concerning mental and behavior health issues, jail and emergency room diversion programs, and
emerging technologies.
Chairman Dawson reported that she participated in several sessions at the NACo Conference mostly
relating to the topics of the boards and committees that she serves. The group also attended the awards
program, where New Hanover County received ten NACo Achievement Awards for innovative county
government programs. She recognized and congratulated each department that received awards.
ADJOURNMENT
There being no further business, Chairman Dawson adjourned the meeting at 5:56 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.