2017-07-17 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 822
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, July 17, 2017, 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 Woody White; Vice-Chairman Skip Watkins; Commissioner Patricia Kusek;
Commissioner Jonathan Barfield, Jr.; and Commissioner Rob Zapple.
Staff present: County Manager Chris Coudriet; County Attorney Wanda Copley; and Clerk to the Board
Kymberleigh G. Crowell.
INVOCATION AND PLEDGE OF ALLEGIANCE
Shawn Blackwelder, Pastor, St. Paul’s United Methodist Church, provided the invocation and Commissioner
Rob Zapple led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman White requested a motion to approve the Consent Agenda as presented.
Motion
: Commissioner Barfield MOVED, SECONDED by Commissioner Kusek, 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 of the Agenda Review Meeting of June 15, 2017 and the Regular
Meeting of June 19, 2017.
Appointment of Voting Delegate to the 2017 North Carolina Association of County Commissioners (NCACC)
Annual Conference – Governing Body
The Commissioners appointed Commissioner Rob Zapple as the voting delegate to the North Carolina
Association of County Commissioners Annual Conference to be held August 10-13, 2017 in Durham County, N.C.
Ratification of a Grant Application Submitted to the Department of Homeland Security/Federal Emergency
Management Agency – Sheriff’s Office
The Commissioners ratified the Port Security Grant which will be used to purchase and upgrade equipment
needed for law enforcement activities related to the Port of Wilmington and the waterways surrounding New Hanover
County. In addition, this funding will purchase software for the STING Center (Situational Tactics and Intelligence
Nexus Group). The STING Center is a collaborative unit with Wilmington Police Department and Sheriff's Office
that gathers intelligence data. The grant application deadline fell between the two Board meetings in June and July,
and required collaboration with the City of Wilmington and preparation of a memorandum of understanding. The New
Hanover County Sheriff's Office will be able to expand the capabilities of the Emergency Response Team to respond
to maritime emergencies and tactical operations. The Sheriff's Office grant portion is $426,830 with a 25% match.
Match funds will be paid using Federal Forfeited Property funds and the Sheriff's Office General Fund Budget. The
City of Wilmington's grant portion is $89,740 with a 25% local match that the City will pay.
Approval of the North Carolina Department of Transportation’s (NCDOT) Acquisition of .036 Acre of Right
of Way and .01 Acre of Permanent Utility Easement at 7375 Market Street, the Location of the Ogden Fire
Station, as Part of the Market Street Access Management Improvements Project – County Manager
The Commissioners approved the North Carolina Department of Transportation’s (NCDOT) acquisition of
.036 acre of right of way and .01 acre of permanent utility easement at 7375 Market Street, the location of the Ogden
Fire Station, as part of the Market Street Access Management Improvements Project. As part of this project, a sidewalk
will be installed at this location. The acquisition of additional right of way will allow for the installation and
maintenance of this sidewalk. The right of way and permanent utility easement have been appraised by a certified
appraiser with the right of way valued at $14,580 and the permanent utility easement valued at $3,645 for a total value
of $18,225. The New Hanover County Tax Department reviewed the property as well as the appraisal and is of the
opinion that the offer is very fair. All funds will be deposited into the Fire Service District. This acquisition has been
incorporated into the design for the Ogden Fire Station replacement. NCDOT has agreed to pay the County the full
appraised value of $18,225 and also to pay all associated closing costs.
A copy of the resolution is hereby incorporated as part of minutes and is contained in Exhibit Book XL, Page
34.1.
Adoption of Ordinance Amendment of the County Code, Chapter 53, “Traffic and Vehicles,” Article III,
“Parking” to Conform with Fee Schedule – County Attorney
The Commissioners adopted an ordinance amendment to the New Hanover County Code of Ordinances,
Chapter 53, “Traffic and Vehicles,” Article III, “Parking” which will provide clarity to and conformity with civil
parking penalties addressed in the FY 17-18 fee schedule approved by the Board.
A copy of the ordinance is hereby incorporated as part of minutes and is contained in Exhibit Book XL, Page
34.2.
Approval of April 2017 Tax Collection Reports – Tax Department
The Commissioners accepted the Tax Collection Reports of New Hanover County, New Hanover County
Fire District, and New Hanover County Debt Service as of April 2017.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 823
Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit
Book XL, Page 34.3.
Approval of May 2017 Tax Collection Reports – Tax Department
The Commissioners accepted the Tax Collection Reports of New Hanover County, New Hanover County
Fire District, and New Hanover County Debt Service as of May 2017.
Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit
Book XL, Page 34.4.
REGULAR ITEMS OF BUSINESS
PRESENTATION OF SERVICE AWARDS
County Manager Coudriet recognized the following employees receiving retirement awards:
John Leonard, Sheriff’s Office, retiring with twenty-three years of service.
Delisa Derseraux, Sheriff’s Office, retiring with thirty-one years of service.
Chris O’Keefe, Planning and Land Use, retiring with twenty-six years of service.
Chairman White presented retirement awards to Mr. Leonard, Ms. Derseraux, and Mr. O’Keefe, and the
Commissioners expressed appreciation and thanked them for their years of dedicated service.
County Manager Coudriet requested the following employees to step forward to receive service awards:
Five Years: Tim Burgess, County Manager
Raquel Fava, Library
Tommy Grady, Sheriff’s Office
Ten Years: Teresa Bishop, Library
Robert Pearsall, Health
Teresa Smith, Emergency Management/911
Twenty Years: Melissa Cowan, Social Services
Twenty-Five Years: Sean Jones, Sheriff’s Office
Georgia Morris, Social Services
Chairman White presented a service award to each person and the Commissioners expressed appreciation
and thanked each one for their years of dedicated service.
County Manager Coudriet requested the following new employees to step forward and be introduced:
Justin Batton, Property Management
Justin Bianco, IT Department
Cara Brower, Social Services
Tamara Brown, Social Services
Bartle Canny, Senior Resource Center
Blair George, Fire Services
Mike Gibson, Environmental Management
Marcus Hands, Sheriff’s Office
Anthony Hardison, Fire Services
Brian Hopkins, Sheriff’s Office
William “Cody” Lawson, Parks Department
Gregory Lockamy, Fire Services
Terah Sigman, Social Services
Kirsty Thayer, Fire Services
Katherine Thomas, Library
The Commissioners welcomed the employees to County Government and wished them success in their new
positions.
ADOPTION OF RESOLUTION OF ACCEPTANCE FOR THE CAPE FEAR REGIONAL BICYCLE PLAN
Jason Reyes with ALTA Planning and Design presented the request for the Commissioners to consider
adopting a resolution of acceptance for the Cape Fear Regional Bicycle Plan. The Cape Fear Council of Governments
was awarded a planning grant from the North Carolina Department of Transportation (NCDOT) to develop a regional
comprehensive bicycle transportation plan. The Cape Fear Regional Bicycle Plan identifies opportunities and
constraints for bicycling in the Cape Fear Region, and establishes recommendations for improvement. The study area
covers Brunswick, Columbus, New Hanover, and Pender Counties, as well as southern Bladen, western Onslow, and
southern Sampson Counties.
Overview:
NCDOT supports regional bicycle plans across the state (no local match was required for this plan)
The Cape Fear Council of Governments led development of this bicycle plan, the first for this region
as a whole.
Purpose:
Increase Transportation Choices: Improve connectivity of the bicycle network while increasing
accessibility to transit and key destinations throughout the region.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 824
Improve Safety for All Bicyclists: Improve the quality and safety of bicycling through new
infrastructure, policies and programs, for all types of bicyclists.
Improve Health and Well-being of Communities: Improve health and wellness by increasing access
to bikeways, thereby offering more opportunities for recreation, active transportation, and physical
activity.
Create Value and Generate Economic Activity: Promote bicycle-related tourism and economic
development, thereby increasing quality of life in the Cape Fear Region.
Planning Process:
Steering Committee:
Consisted of residents, Metropolitan Planning Organizations (MPO), Rural Planning
Organization (RPO), County, Municipal, and State representatives helped guide the year-long
master planning process.
Five official committee meetings were held.
There were multiple MPO/RPO presentations; multiple NCDOT meetings; and a draft plan
review and feedback opportunities.
Outreach:
Nearly 500 participants in public comment forms
Over 200 public comments through online mapping
Public outreach at 13 community events
Safety and Infrastructure:
On average, there are about 80 bicycle crashes per year in the Cape Fear Region:
More than one per year are fatal
More than four per year are disabling
According to public feedback, the lack of bicycle lanes, shoulders, and paths is the biggest factor
discouraging bicycling.
Types of Recommendations:
Signed Bike Routes: Provides continuity on lower-volume and designates preferred routes
Paved Shoulders: Improves safety for all road users; can reduce “struck from behind crashes”
Shared-Lane Markings: Provides continuity and increases awareness of bicyclists’ presence
Bike Lanes: Crash reductions observed up to 35%
Separated Bikeways: Crash reductions observed up to 74%
Shared-Use Paths: Crash reductions observed up to 60%
The Big Picture:
Conceptual Corridors: Regional hubs, such as municipalities and tourism destinations, are
connected by a system of trails and on-road bicycle routes.
Overall Network of Recommendations: The plan builds upon currently designated and planned routes,
such as the East Coast Greenway and signed state bicycle routes.
The plan also features recommendations for 15 priority projects: Tabor City Through-Route; Whiteville
Separated Bike Lanes; Southeast Elizabethtown; Ocean Isle Beach; Shallotte Riverfront Town Center;
Holden Beach; Oak Island and Caswell Beach; Leland to Brunswick Nature Park; Southport Through-
Route; Love Grove Bridge – North Wilmington; Burgaw Osgood Canal Greenway Link; Kure Beach
Through-Route; Carolina Beach Through-Route; Wrightsville Beach; and Whiteville to Lake
Waccamaw.
The plan establishes a vision for longer-term projects, such as major greenway trails that will take longer
to implement due to right-of-way and funding needs.
Example Policy Considerations:
Each jurisdiction decides what works for them; Plan provides suggestions for consideration.
Examples:
Complete streets
Accommodating bicycle facilities and parking with new development
Street connectivity in new developments
Bicycle-friendly rumble strips
Brochure Maps:
Executive Summary brochure map
Three sub regional brochure maps
Each of the brochure maps will feature information about:
The level of bicycling comfort on the region’s roadways today.
Basic bicycling safety considerations, and where to find more information.
Basic information about local and regional tourism.
How to Use this Plan:
Helps inform decision-making for roadway projects
Project sheets and cost estimates inform specific projects
Ideas for programs, policies, funding and design
Cite the plan in grant applications and funding requests
Use brochure maps to promote bicycling and tourism
Mr. Reyes concluded his presentation stating that a resolution of support does not replace any local plans nor
dedicate any funding, but rather indicates a willingness to support the Plan’s recommended bicycle projects and
programs. Plan adoption does the same, but goes further in making the case to outside funding partners (grants, state
funding, etc.) that there is a locally supported plan in place, and that the community is committed to implementation
over time.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 825
Commissioner Kusek commented on how northern Virginia has an incredible network of bicycle paths. She
is glad to see this being done here.
In response to Board questions, Mr. Reyes explained that the route maps are currently at the Cape Fear
Council of Governments office. His understanding is that the maps will first go to the Planning Department where the
decision will be made about distribution.
Commissioner Barfield expressed concerns that the “Watch for Me” campaign will not continue to be
promoted and there have been a number of fatalities in this area. It is important to make people aware of bikes on the
roads, share the road, and be cautious in their travels.
Mr. Reyes stated that the “Watch for Me” campaign is a NCDOT Bicycle and Pedestrian Division program
and is a good program. He agreed that the more that can be done to raise awareness is good for the community.
Hearing no further Board discussion, Chairman White asked for direction from the Board.
Motion:
Commissioner Kusek MOVED, SECONDED by Commissioner Zapple, to adopt the Resolution of
Acceptance for the Cape Fear Regional Bicycle Plan. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution hereby incorporated as part of the minutes and is contained in Exhibit Book XL,
Page 34.5.
FINAL PRESENTATION ON MARKET AND SITE ANALYSIS FOR PROJECT GRACE
Strategy and Policy Coordinator Jennifer Rigby stated that in January 2017 the Board authorized a contract
with WDI and Benchmark Planning to conduct a market analysis, site analysis, and develop several different
development scenarios of the downtown property owned by New Hanover County and boarded by Grace Street, Third
Street, Chestnut Street, and Second Street; also known as Project Grace. She introduced Jason Epley and Dan Douglas
with Benchmark Planning who will present the report findings. Through this process a number of meetings with key
stakeholders have been held including the Library Advisory Board and Cape Fear Museum Advisory Board. There
appears to be general optimism and interest in exploring these possible scenarios.
Mr. Epley presented the findings from the report:
Study Process covered:
Market Analysis
Site Analysis
Four Potential Development Opportunities
Market Demand Overview:
Study Area Boundary:
5 x 15 block area (approximate)
Cape Fear River (west)
5th Street (east)
Nixon Street (north)
Nun Street (south)
Study Area Demand Summary:
Multi-Family Residential: Maximum 400 Dwelling Units
Retail: Maximum 25,000 Square Feet
Multi-Tenant Office: Between 45-70,000 Square Feet
Hotel: Maximum 100 Rooms
Site Analysis:
Development Regulations
Pedestrian Network
Average Daily Traffic Volume
Transportation Routes
Water/Sewer Infrastructure
Topography
Fire Protection
Recent Development Projects
Site Development Scenarios:
Scenario 1 Summary:
Modern library combined with ground floor retail, offices and apartments on Chestnut
Street.
Hotel, condo, office and ground floor retail on Grace Street.
Underground parking required to meet demand.
Projected Return on Investment:
Total Private Construction Cost Estimates: $76,386,250
Total New Annual Revenue Estimate: $903,282
Total County Cost Estimate: $12,106,000
Estimated Years to Pay Back Costs: 13.4
Scenario 2 Summary:
Modern library combined with apartments on Chestnut Street.
Hotel, condo, and ground floor retail on Grace Street.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 826
This scenario captures 100% of estimated market demand.
Underground parking required to meet demand.
Projected Return on Investment:
Total Private Construction Cost Estimates: $107,183,125
Total New Annual Revenue Estimate: $1,101,024
Total County Cost Estimate: $10,824,750
Estimated Years to Pay Back Costs: 9.83
Scenario 3 Summary:
Existing library and Story Park remain.
Hotel, condo, ground floor retail, and apartments on Grace Street.
This scenario exceeds the by-right height limit.
This scenario captures 100% of estimated market demand.
Underground parking required to meet demand.
Projected Return on Investment:
Total Private Construction Cost Estimates: $120,622,000
Total New Annual Revenue Estimate: $1,121,825
Total County Cost Estimate: $116,000
Estimated Years to Pay Back Costs: 0.10
Scenario 4 Summary:
Modern library and Cape Fear Museum combined with apartments on Chestnut Street.
Hotel, condo, office, and ground floor retail on Grace Street.
This scenario captures 100% of estimated market demand.
Underground parking required to meet demand.
Projected Return on Investment:
Total Private Construction Cost Estimates: $107,183,125
Total New Annual Revenue Estimate: $1,101,024
Total County Cost Estimate: $20,856,000
Estimated Years to Pay Back Costs: 18.94
Estimated Project Timeline:
January 2017: Study Authorized
July 2017 – Sept 2017: Benchmark Planning Presents Findings to Board of County
Commissioners
July 2017 – Dec 2017: Board of County Commissioners determines policy direction
January 2018 – June 2018: – New Hanover County Issues Request for Proposals (RFP)
June 2018: New Hanover County selects developer
June 2019: Construction begins
January 2021 – June 2021: Construction completed
Development Scenarios:
Scenario and Fiscal Impact Assumptions:
All square footage numbers are calculated on a gross basis
Development costs provided by Perkins-Will and Brasfield Gorrie
All costs figures assume concrete poured in place construction
Cost figures are conservative and wholly depend on level of finish and up fit. Could
be higher.
Relocation cost estimates for Library and EMS from consultation with those agencies
Available parking spaces in 2020 provided by New Hanover County. Day = 344, Night
= 404
Cost Estimates Used in Revenue Calculations:
Retail: $170/foot
Office: $175/foot
Residential Apartment: $190/foot
Residential Condo: $200/foot
Hotel: $200/foot
Library: $250/foot
Single level underground parking space: $30,000
Multi-level underground parking space: $35,000
Scenario 1 Public Investment:
Relocate EMS: $1,500,000
Relocate Library Administration: $600,000
Modern Library (45,000 square feet): $11,250,000
Remove Story Park: $300,000
Library Lease during Construction: $840,000
Parking Deck Upgrade: $116,000
Scenario 2 Public Investment:
Relocate EMS: $1,500,000
Relocate Library Administration: $600,000
Modern Library (39,875 square feet): $9,968,750
Remove Story Park: $300,000
Library Lease during Construction: $840,000
Parking Deck Upgrade: $116,000
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 827
Scenario 3 Public Investment:
Parking Deck Upgrade: $116,000
Scenario 4 Public Investment:
Relocate EMS: $1,500,000
Relocate Library Administration: $600,000
Modern Library (40,000 square feet): $10,000,000
Modern Museum (40,000 square feet): $10,000,000
Remove Story Park: $300,000
Library Lease during Construction: $840,000
Parking Deck Upgrade: $116,000
Ms. Rigby stated that a request for direction is not being asked of the Board. Staff will return within 60 days
and ask for a policy direction, if the project moves forward. In response to Board questions, Ms. Rigby stated that
Wilmington Downtown, Inc. (WDI) is one of the County’s partners in this process. The Historic Wilmington
Foundation (HWF) staff has mentioned they have brought the downtown library to the attention of the National
Register to see if it is eligible for the National Register list. It is not eligible for the National Register. Neither group
has seen the scenarios as the scenarios are being presented for the first time to the public during this meeting.
Regarding questions about the debt service associated with Scenario 4, Ms. Rigby stated that the way the
alternatives were presented to the Board, there is additional revenue that each alternative generates. The additional
revenue is in the form of ad valorem taxes and parking fees. It does not include sales tax, room occupancy tax or any
of the taxes the City of Wilmington may collect. The estimated years to pay back is when the investment would pay
for itself with the new revenue that is generated.
Chairman White commented that he thought it would be tremendous to leave the library in place. A lot of
synergies could come out of it as long as the public supported it.
Regarding questions about the hotel rooms and existing parking deck, Mr. Epley explained that through
numerous interviews of the hospitality industry, builders, etc. the maximum number of 100 is what is felt the site
could capture. It does not mean that only 100 hotel rooms could be located in downtown. The existing parking deck
is not capable of handling the scenarios. It is anticipated there will be a need for additional parking to meet demand
of the development. Mr. Douglas further explained that if a Request for Proposals (RFP) is issued the proposed
developer would suggest uses for this site and discuss how the uses offset each other. In response to additional
questions, Mr. Douglas stated that the underground parking would only be in the areas of new construction and not
touching the existing parking deck.
Commissioner Barfield stated that he liked Scenario 4. There is a saturation of apartments but he thinks
having more ownership downtown is a step in the right direction.
County Manager Coudriet reiterated that staff is not making an ask of the Board but the conversation about
the historic preservation group is an important point as it broadly applies to the community. It is staff’s intention to
make themselves available in the community, provide opportunities for the community to ask questions and discuss
what the scenarios are and are not. Unless told otherwise, it is staff’s intention to be vocal about it over the next few
weeks. This is in addition to meeting with the Library and Museum staff and working closely with the City of
Wilmington Manager’s office.
Chairman White stated that he absolutely agreed with County Manager Coudriet’s comments. He feels the
Library in its current location provides incredible service. If there is a way to make it better and more efficient, such
as combining it with the Museum, it makes sense if it’s more affordable. It does make sense to continue to talk about
it. He welcomed any and all efforts of staff to solicit input.
Commissioner Zapple commented on how all four scenarios include the library. He has not heard anyone
promoting losing the library and asked if he was correct in that the Library Director Harry Tuchmayer and Museum
Director Sheryl Mays, along with others, have been part of the conversation. Ms. Rigby confirmed that he was correct
and that if the County was to move forward with a new library and/or a new museum, a similar design process would
be used as was done with the Pine Valley Library.
In response to additional Board questions, Ms. Rigby confirmed that if Scenario 4 was chosen, the downtown
library and services would remain in place. The administration offices would likely be moved to the Northeast Library
branch. Currently the administration offices are located on the entire third floor of the library.
County Manager Coudriet commented that it’s not factored in, but if this became a co-location site, the
County owns the Museum site. That site becomes a potential revenue source if the Board decides to sell it to fund a
replacement.
Chairman White thanked Ms. Rigby, Mr. Epley, and Mr. Douglas for the presentation.
CONTINUANCE OF PUBLIC HEARING AS REQUESTED BY DESIGN SOLUTIONS ON BEHALF OF
THE PROPERTY OWNERS, CASTLE HAYNE JUNCTION PARTNERSHIP, IN ORDER TO REZONE 3.16
ACRES LOCATED AT THE 5300 BLOCK OF CASTLE HAYNE ROAD FROM O&I, OFFICE AND
INSTITUTIONAL DISTRICT, TO (CZD) B-2, CONDITIONAL HIGHWAY BUSINESS DISTRICT, IN
ORDER TO DEVELOP A CONTRACTOR’S OFFICE (Z17-05)
Chairman White stated that Cindee Wolfe of Design Solutions on behalf of the property owners, Castle Hayne
Junction Partnership, has requested that the item be continued and requested staff to provide an update.
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REGULAR MEETING, JULY 17, 2017 PAGE 828
Planning Manager Ken Vafier stated that Cindee Wolf of Design Solutions notified staff on July 16, 2017
that due to a personal circumstance she is handling out of state, she would be unable to attend this meeting and
requested that this matter be continued until the Board of Commissioners’ August 21, 2017 meeting.
Chairman White requested direction from the Board.
Motion:
Vice-Chairman Watkins MOVED, SECONDED by Commissioner Barfield, to continue the public hearing
for a rezoning request by Design Solutions on behalf of the property owners, Castle Hayne Junction Partnership, on
property located at the 5300 Block of Castle Hayne Road, until the Regular Meeting of August 21, 2017. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY DESIGN SOLUTIONS ON BEHALF
OF THE PROPERTY OWNERS, JOHN AND LINDA THOMPSON, AND SALVATRICE WEAVER HEIRS,
IN ORDER TO REZONE 4.11 ACRES LOCATED AT THE 5100 BLOCK OF CAROLINA BEACH ROAD
FROM R-15, RESIDENTIAL DISTRICT, TO (CZD) B-2, CONDITIONAL HIGHWAY BUSINESS
DISTRICT, IN ORDER TO DEVELOP A RETAIL STORE AND A RECREATIONAL VEHICLE AND
BOAT TRAILER STORAGE BUSINESS (Z17-06)
Chairman White opened the public hearing and requested staff to make the presentation.
Planning Manager Ken Vafier presented the request submitted by Design Solutions on behalf of the property
owners, John and Linda Thompson, and Salvatrice Weaver Heirs, to rezone 4.11 acres located at the 5100 block of
Carolina Beach Road from R-15, Residential District, to (CZD) B-2, Conditional Highway Business District, in order
to develop a 19,800 square foot building for specialty retail and two 3-sided buildings totaling 40,000 square feet for
recreational vehicle (RV) and boat trailer storage.
The properties are located at 5119 Carolina Beach Road close to Monkey Junction. The two parcels are
mostly undeveloped although there is a residential structure on each. Just to the south and east is a large conditional
use B-2 zoning district that includes Walmart, Lowes Home Improvement, and other retail uses. Adjacent to the site
is a drive-through convenience store on Carolina Beach Road. Adjacent to the rear of the site is Willoughby Park, a
townhome style community within the City of Wilmington limits. Across Carolina Beach Road is Monkey Junction
Mini Storage, as well as Royal Palms Mobile Home Park.
The site plan of the proposed development shows that the building in the front is proposed for specialty retail,
selling arts and crafts and other similar specialty products. The two long buildings in the rear are for covered RV and
boat trailer storage in a gated and fenced area. The area between the buildings is 60-foot wide, and there is a
hammerhead turnaround at the end of the buildings. The site would be served by one driveway from Carolina Beach
Road, and a stub will be provided to the Walmart site.
This proposal will generate 16 trips in the AM peak and 45 trips in the PM peak, and therefore, a Traffic
Impact Analysis (TIA) was not required to be completed. Carolina Beach Road at Antoinette Drive is functioning at
a Level of Service of F, with a volume to capacity ratio of 1.15. Buffering is required along the western property line
and will provide a buffer between the new development and Willoughby Park. Stormwater controls will be required
and reviewed during the permitting phase. Due to the shape of the property and the adjacent development, the two
rear buildings would not be easily visible from Carolina Beach Road when traveling either direction. Improvements
are currently underway to improve Carolina Beach Road. The improvements will include a fence in the median along
this stretch of Carolina Beach Road and sidewalks on both sides of the road.
The 2016 Comprehensive Land Use Plan classifies the subject property as Urban Mixed Use. The Urban
Mixed Use place type promotes development of a mix of residential, office, and retail uses at higher densities. Types
of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and
multi-family residential. The proposed development is consistent with the place type because it fronts the retail portion
of the use along Carolina Beach Road and provides for multi-modal connections with adjacent properties.
The Planning Board considered this application at their June 1, 2017 meeting. One person from the public
spoke in opposition to the request, citing concerns about adequate buffering from the adjacent residential development.
The Board recommended approval (6-0) of the application finding that it is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposal
contributes to the mixture of uses encouraged within the Urban Mixed Use place type.
2. Reasonable and in the public interest because the proposed development would locate commercial uses
in a commercial node with minimal impact to existing residential development.
The Planning Board recommended the following three conditions be added to the development:
1. Existing vegetation shall remain within the 20-foot wide strip in the buffer adjacent to Willoughby Park
as practicable and be supplemented as necessary to achieve 100% opacity.
2. Hours of operation are limited to 6:00 a.m. to 10:00 p.m.; no repair, maintenance, or cleaning of boats,
trailers, or recreational vehicles is permitted.
3. Façade on the front facing three sides of the specialty retail building shall be a style similar to the
architecture style submitted with the application.
Staff is recommending approval of this application with conditions as stated in the Planning Board’s action.
Staff concurs with the Planning Board’s statements that the application is consistent with the Comprehensive Plan and
is reasonable and in the public interest. Mr. Vafier concluded the presentation stating that the petitioner, Trey McGirt,
was in attendance representing himself due to Ms. Wolfe being unable to attend.
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Chairman White invited the petitioner to make comments.
Trey McGirt, representing Monkey Junction Self Storage and current landowners, stated that the property
owners of 5119 and 5123 Carolina Beach Road want to develop the parcels for an artists’ consignment, crafts and gift
shop on the subject tracts. The proposal is low impact and will provide the least amount of disturbance to the adjacent
home owners. It will also block the backside view of Walmart.
In response to Board questions, Mr. Vafier stated that staff will monitor to ensure the existing vegetation
condition is complied with by the petitioner. Mr. McGirt reported that in regard to hardwood trees, an unofficial tree
survey has been completed and there are very few hardwoods existing on the site.
Regarding questions about water on the site, Mr. McGirt stated that the actual boat and recreational vehicle
storage will not have an office onsite. It will be run completely from across the street at the current office. Through
the use of the company’s current security system, they can run it remotely and still provide access to tenants.
Everything will be interior parking. The storage units will have an inclined area with a roll-down door and nothing
visible from outside. The area will be monitored to ensure tenants’ compliance with the restrictions and water hoses
will not be provided. Water will only be on the site for the front facilities and bathrooms.
In response to Board questions about the community notification letter only referencing the consignment
shop, Mr. McGirt stated that there was not a separate letter regarding the boat and recreational vehicle storage. He
believes it was a misprint for that information to not have been included in the letter. Everyone who received the letter
also received a copy of the site plan which shows the storage facility at the rear of the property. It was also discussed
during the community meeting.
In response to Board questions about the vegetative buffer, Mr. McGirt explained that Willoughby Park has
an existing six-foot high fence that runs the entire border of the property. There will be a 33-foot high buffer which
will satisfy the height of the buildings. There will be no activity behind the boat storage area and it will serve as a
buffer. There will not be lighting and people will be unable to see into the facility itself. The front area will have
fencing to separate everything and will be in the wrought iron and brick style fencing currently used by the business.
There will be no entrance to the storage units on the Willoughby Park side.
In response to Board questions, Mr. McGirt explained that there is a stub at the end of the road as there is a
large distance between the site, including two ditches, and the backside of Walmart. In regard to Emergency Services
reviewing the proposal, a meeting was held with the Technical Review Committee (TRC) and to Mr. McGirt’s
knowledge no one from Fire Services was in attendance. A hammerhead turnout has been provided in the back for
fire trucks to make turns. This will also be addressed when the major site plan is submitted to the County.
Mr. Vafier commented that at this time there are no concerns about the stub. Due to the low traffic volume
of the site it really would not have a lot of demand for traffic to funnel through the Walmart site. In addition, there is
a stormwater pond on the site which contributes to it not being feasible to make a connection. Staff is amenable to
how its currently proposed.
In response to Board questions about the 30-foot buffer, Mr. Vafier explained that the existing vegetation is
fairly dense and the ordinance does require the retention of existing vegetation where applicable. Construction may
cause some minor disturbance and that is where staff would require the vegetation to be supplemented to achieve the
100% opacity. When the commercial site plan is submitted there is an additional site plan that would identify any
additional trees to be preserved. The ordinance lists a number of species, hardwoods, some conifers and specific
height(s) that have to be preserved. If those must be removed to accommodate site development, they either have to
be mitigated by additional plantings on site or make payment into the County’s tree improvement fund. The applicant
and staff work together in these matters to decide which route to take. The intent is to mitigate rather than make
payment to the tree improvement fund.
A brief discussion was held about future sidewalks in the area. Mr. Vafier confirmed that sidewalks are to be
installed by the NC Department of Transportation (NCDOT). In addition, though this was not adopted as a condition
by the Planning Board, on this property’s site plan there is a proposed 20-foot easement to be dedicated for a future
greenway for multi-use paths.
In response to additional Board questions, Mr. McGirt stated that leftover items from the storage units would
not be sold in the booths at the retail shop. Sellers would have booth style slots and sell their own personal items.
Chairman White reported that no one has signed up to speak in favor of the request or in opposition.
Hearing no further discussion, Chairman White closed the public hearing and asked the petitioner whether to
continue the application to a future meeting or to proceed with the Board deciding to approve or deny the application.
Mr. McGirt responded he wished to proceed with a decision by the Board. Chairman White requested direction from
the Board.
Motion:
Vice-Chairman Watkins MOVED, SECONDED by Commissioner Kusek, to approve, affirming staff’s
statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest,
and with the three conditions. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP
OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby
incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 111.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 830
BREAK:
Chairman White called a break from 5:15 p.m. to 5:20 p.m.
PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY LUTHERAN SERVICES
CAROLINAS, LUTHERAN SERVICES FOR THE AGING, INC., AND LUTHERAN RETIREMENT
CENTER – WILMINGTON, INC. TO REZONE 48.53 ACRES OF LAND LOCATED AT THE 4900 BLOCK
OF MASONBORO LOOP ROAD FROM R-15, RESIDENTIAL DISTRICT, TO EDZD, EXCEPTIONAL
DESIGN ZONING DISTRICT, IN ORDER TO DEVELOP AN INDEPENDENT SENIOR LIVING
COMMUNITY (Z17-03)
Chairman White opened the Public Hearing and requested staff to make the presentation.
Current Planner Brad Schuler presented the request submitted by Lutheran Services Carolinas, Lutheran
Services for the Aging, Inc., and Lutheran Retirement Center – Wilmington, Inc. to rezone 48.53 acres of land located
at the 4900 block of Masonboro Loop Road from R-15, Residential District, to EDZD, Exceptional Design Zoning
District, in order to develop an independent senior living community.
The Exceptional Design Zoning District (EDZD) is an incentive-based zoning district that promotes the
conservation of water bodies, wetlands, floodplains, and open space. Development within an EDZD district is subject
to additional standards such as incorporating Low Impact Development (LID) techniques, and in return, can achieve
higher density with greater flexibility of design and use standards to the property owner then could be achieved in
another zoning district. In an EDZD district, there are six core requirements that must be met. Beyond the core
requirements, points are obtained for meeting additional criteria; a minimum of 12 points must be obtained for a base
density allowance of 6 units per acre. Points obtained above the 12 minimum results in additional density allowance.
The property is located between Masonboro Loop Road and the Intracoastal Waterway, just north of the
UNCW Center for Marine Science. Single-family residential housing is located to the north and west. The property is
currently undeveloped and consists of six parcels of land totaling 48.53 acres. The proposed senior living facility will
consist of 220 dwelling units and amenities. The dwellings will consist of 120-140 units being located within the main
building and 80 units will be located within 13 multi-family “villas”. The villas will contain up to eight units each.
Amenities include dinning, wellness center, mini-convenience market, beauty salon, arts and crafts area, 20-seat
theater, multi-purpose room, pub, library/pre-function space, clubhouse, community boating facility with nine boat
slips, and an outdoor pavilion. The amenities will not be open to the public and will only be open to the Lutheran
Services Carolinas community, their residents, and their guests. The pavilion will be constructed on an island of
uplands and access will be utilized via a boardwalk or by golf carts. Also, the project plans to pursue a property tax
exemption under NC General Statute § 105.278.6A "Qualified Retirement Facility" and will operate as a 501(c)(3)
non-profit organization.
The proposed development will generate 42 trips in the AM peak and 51 trips in PM peak. In accordance
with the standards of the EDZD, a Traffic Impact Analysis (TIA) for the project has been completed and approved by
NCDOT and the Wilmington Metropolitan Planning Organization (WMPO). The TIA examined the intersection of
the development’s access with Masonboro Loop Road. It found that when the development is completed the
intersection will operate at a Level of Service (LOS) ranging from A to F depending on the direction of travel.
Traveling from northbound and southbound along Masonboro Loop Road currently operates at a LOS of A and will
continue to operate at a LOS of A when this development is completed.
The approved TIA includes the following transportation improvements:
A northbound right turn lane into the site with a 100-foot taper.
A 100-foot internal protection stem at the site’s access with Masonboro Loop Road.
Mr. Schuler explained in further detail the EDZD requirements:
EDZD Core Requirements:
Smart Location: Locate project on an infill site or previously developed site.
Proximity to Water and Wastewater Infrastructure: Locate the project within an area scheduled for
water and sewer expansion where verifiable expansion plans can be provided and allocation of
capacity can be confirmed with the Cape Fear Public Utility Authority.
Significant Species and Ecological Communities: After consultation with the NC Natural Heritage
Program map as found on the New Hanover County online mapping service, no species present or
likely to be present that are listed under the Federal Endangered Species Act, NC Endangered
Species list or listed in the NC Natural Heritage Program as either Nationally, State or Regionally
Significant.
Wetland and Water Body Conservation and Preservation: Install pet waste stations within required
open spaces. Locate the project such that pre-project jurisdictional wetlands, water bodies (including
but not limited to intermittent and perennial streams), and land within 100 feet of such areas shall
not experience significant destruction or lasting detrimental effects to water quality or other
protected natural resources as a result of new development.
Floodplain Avoidance: Locate the project on an infill site or a previously developed site and comply
with the NFIP requirements for developing portions of the site that lie within the floodplain.
Stormwater Management: Implement a comprehensive stormwater management plan for the project
that infiltrates and reuses stormwater runoff. Stormwater shall be managed following the principles
prescribed in the New Hanover County-City of Wilmington Joint Low Impact Development Manual
and a determination that a project qualifies as a Low Impact Development shall be made by the
Technical Review Committee (TRC).
EDZD Additional Requirements (Minimum of 12 points):
At a minimum, an EDZD development must obtain 12 points from the additional requirements.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 831
Overall, there are 11 additional requirements that total up to a maximum of 28 possible points. This
gives the property owner flexibility on the design of the project while still promoting
environmentally responsible development.
This proposed development is compliant with eight additional requirements for a total of 16 points:
Mixed-Uses (Two Points):
The project includes a residential component in the project that constitutes at least 25% of
the project’s total building square footage.
The project is designed such that 50% of the dwelling units are within one half mile walking
distance of at least three diverse uses.
Bicycle and Pedestrian Access (Two Points):
Provide an internal bicycle and pedestrian network;
Provide bicycle parking and storage; and
A planned bicycle network of at least five continuous miles in length is within one quarter
mile of the project boundary.
Housing and Jobs/Commercial Opportunity Proximity (Two Points):
Include a residential component equaling at least 30% of the project’s total building square
footage and locate the project such that the geographic center is within one half mile
walking distance of jobs equal to or greater than the number of dwelling units in the project.
Certified Green Building (Two Points):
Design, construct, or retrofit one whole building to be certified through: Leadership in
Energy and Environmental Design (LEED), National Association of Home Builders
(NAHB) Green Building Standards, North Carolina Healthy Built Homes, or Green
Globes.
Minimum Building Energy Efficiency (Two Points):
90% of the new buildings must meet the Home Energy Renovation Opportunity (HERO)
option listed within the Energy Conservation Code of the NC State Building Code.
On-Site Renewable Energy Sources (Two Points):
Incorporate on-site nonpolluting renewable energy generation with production capacity of
at least 5% of the project’s annual energy costs.
Water Efficient Landscaping (Two Points):
Reduce potable water consumption for outdoor landscape irrigation by limiting turf to 25%
or less, incorporating rainwater catchment system(s) such as rain barrels or cisterns,
installing drip irrigation and utilizing stormwater for landscape irrigation.
Building Orientation (Two Points):
Design the project so that a minimum of 75% of the building sites are constructed with the
longer dimension of the structure facing 0-30 degrees of south.
Mr. Schuler stated that EDZD standards also award density for projects that exceed the minimum of 12
points. Specifically, one additional dwelling unit per acre is awarded for each point obtained above the minimum. As
this proposed development qualifies for 16 points, it is allowed a maximum density of 10 dwelling units per acre.
After determining the net area of the site, this would allow for a total of 330 dwelling units on the property. However,
only 220 dwelling units are being proposed and if approved, is what the development would be limited to. In
accordance with the standards for EDZD applications, a total of three community meetings were held which exceeds
the minimum of the required two meetings for EDZD applications.
The Planning Board recommended eight conditions to be added to the development. In addition, in response
to concerns presented at the Planning Board meeting, the applicant met with Fire Services to discuss options on how
to comply with the emergency access requirement, and agreed to a ninth condition to ensure the development will
comply with fire service standards prior to building permit issuance. Below are the agreed upon conditions:
1. Trinity Landing will be restricted to residents who are 62 years of age and older with the exception that
spouses residing in the same unit may be 55 years of age or older.
2. The Common/Commercial areas of the project – such as the proposed restaurant, mini-convenience
market, wellness center, beauty salon and spa – will not be open to the public and only be open to the
Lutheran Services Carolinas community, their residents, and their guests.
3. In addition to all other applicable setbacks, the development must comply with the following minimum
building setbacks:
Northern property line:
100-foot setback for Villa/Hybrid structures.
200-foot setback for three-story structures.
30-foot setback for all other structures.
Front property line (Masonboro Loop Road):
200-foot setback for three-story structures.
4. A 30-foot vegetated buffer must be provided along the northern property line. Existing vegetation must
remain within the buffer to the maximum extent practicable or be supplemented as necessary to provide
for a fully opaque screen. An intermittent berm with indigenous plantings must be installed along the
northern portion of the development as illustrated within the buffer strip section detail of the application.
5. The drive lane along the northern portion of the site must setback at least 90 feet from the northern
property line, except along the Villa/Hybrid structures (Section B of the site plan), where the drive lane
must be setback at least 30 feet from the northern property line. An additional row of native evergreen
landscaping must be planted along the northern side of the drive row as illustrated on the site plan
(Section B).
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 832
6. The development will use dry retention areas where possible as generally depicted on the concept plan
based upon new BMP practices utilizing native indigenous planting and grasses.
7. A 20-foot wide access easement must be dedicated to the County along Masonboro Loop Road for the
purposes of installing a future multi-use path/pedestrian facility in accordance with the New Hanover
County/Wilmington Greenway Plan.
8. The transportation improvements required as part of the approved Traffic Impact Analysis must be
installed in accordance with NCDOT’s standards prior to issuance of a Certificate of Occupancy.
9. Prior to building permit issuance, the development must be designed in accordance with fire service
standards in regards to emergency service access. If emergency service access cannot be provided to
and from the adjacent properties to the north (Masonboro Landing) or the south (UNCW Center for
Marine Science), then interior improvements may be provided in accordance with fire service standards.
If the request is approved, it is required to go back to the Technical Review Committee (TRC) where the
technical review standards of the ordinances will be verified. The 2016 Comprehensive Land Use Plan classifies the
subject property as General Residential. This place type focuses on lower-density housing and associated civic and
commercial services. Recommended types of uses include single-family residential, low-density multi-family
residential, light commercial, civic, and recreational uses. The proposed EDZD project is consistent with the goals of
the 2016 Comprehensive Plan, which calls for a mixture of housing options and uses accessible for pedestrians and
bicyclists. The proposed project is also designed to conserve environmental features and complement the adjacent
low-density General Residential and Employment Center properties.
The Planning Board considered this application at their June 1, 2017 meeting. At the meeting, three residents
spoke in favor of the application and nine residents spoke in opposition. Those opposing the application cited concerns
including traffic and vehicular circulation, noise from HVAC units, overall density of the project, tax revenue,
buffering, and light intrusion. The Planning Board also discussed the possibility of providing an additional emergency
service access to the project. The Board recommended approval of the application (6-0), finding that it is:
1. Consistent with the purpose and intent of the 2016 Comprehensive Plan because the General Residential
Place Type promotes a mixture of housing options. The proposed development will provide multi-family
senior housing at an appropriate density in an area primarily consisting of single-family housing.
2. Reasonable and in the public interest because the proposed EDZD development promotes
environmentally responsible growth and alternative forms of travel that will help reduce the dependency
on the automobile.
Mr. Schuler concluded the staff presentation stating that staff concurs with the Planning Board's action and
recommends approval of this application with the nine conditions. In regards to concerns expressed at the Planning
Board meeting about potential changes being made to this development, if the request is approved the property must
be developed in accordance with the approved planning. The ordinance does allow for some minor modifications to
be approved by staff. However, any major modification such as changing the land use will have to go back through
the rezoning process and be considered and approved by the Board of Commissioners.
Regarding questions about the TIA, Mr. Schuler stated that the TIA numbers are based off the Institute of
Transportation Engineers (ITE) manual. Generally, the assumption is that persons living in senior housing are retired
and do not generate as many trips in the peak hours.
In regards to Board questions, Mr. Schuler confirmed that this is the first EDZD application to be considered
since the adoption of the 2016 Comprehensive Land Use Plan. He further explained that an incentive based ordinance
means the property owner is incentivized to incorporate certain elements and in return, they are given a fewer number
of restrictions to meet. For example, with the County’s ordinance the big incentive is the greater density that can be
achieved if a property owner does more of the additional requirements. For every additional requirement met over the
minimum, one more dwelling per acre is allowed. Environmentally responsible growth is something planners try to
promote. Generally, that type of development is going to cost a bit more and most of the time the property owner is
not going to want to spend the extra money to incorporate these features. The goal, through the incentivizing of the
features with a density bonus, is that hopefully more people will agree to do the additional requirements.
In regards to Board questions about proposed NCDOT improvements, Mr. Schuler stated that the
accommodations of left turn out of or left turns into the proposed rezoning were reviewed by NCDOT and the WMPO.
The project does not warrant these type improvements based on the number of trips that are predicted to be generated
by the site. If done voluntarily, NCDOT would need to approve the accommodation(s). The model recognizes that
there will be more traffic in the area by 2020. In looking at the LOS, the build year with the projected growth of the
area without the development is analyzed and then the proposal is added in to review the impact to the LOS. This is
how the determinations are made to see if improvements are required.
Regarding questions about EDZD applications being geared towards properties near the water, Planning and
Land Use Director Chris O’Keefe stated that this was the first tool in the Zoning Ordinance that began to allow more
density along the waterway to provide more access to a greater number of people. It also assures that if there is access,
it’s provided in a way that looks out for the quality of the water and stewardship of the land that’s going to be closer
to the waters. It is a tradeoff in that if the stewardship is assured then the density can be provided.
Mr. O’Keefe addressed Board questions about the proposed density. As currently zoned, an independent
senior living facility would require a Special Use Permit and be limited to a maximum of 2.5 dwelling units per acre.
This would equate to a maximum number of 97 units. The EDZD is the only option under the existing zoning
regulations that would allow for the number of units the project is seeking, which is 220 units. The greater benefit for
the County is what the EDZD is setup to accomplish. It allows a larger number of units while trying to capture the
impacts of those units internally. The number of trips generated by a single family house is approximately 10 trips per
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 833
day per unit. Whereas with these units, the numbers are far less. This is due to the unit types, number of amenities on-
site, location, nearby available employment, and the bicycle and pedestrian facilities that will also be provided.
In response to Board questions about a right-hand turn only exiting the site, Mr. Schuler stated he was unsure
if there was enough room on Masonboro Loop Road to accommodate it. If one was required, NCDOT may require
the property owner to dedicate some additional right-of-way in order to make enough room for the turn lane. The TIA
does not warrant the improvement of a left-hand turn lane. It does warrant the right-hand turn lane into the property.
It is Mr. Schuler’s understanding that there is either enough room within the current right-of-way or the applicant can
dedicate some right-of-way to NCDOT for the improvement. He further stated that to his knowledge the right-turn
only on the exit has not been discussed.
Regarding questions about the General Residential place type and density, Mr. Schuler stated that the General
Residential place type of the Comprehensive Plan allows for medium density types of development such as this
proposal. It does call for approximately six dwelling units to be the maximum density allowed within the place type.
In the mixture of uses, it describes what types of uses would be appropriate. Even though it is classified as General
Residential, staff does feel there are some commercial uses and light scale commercial uses that would be beneficial
if located in neighborhood areas.
In response to additional Board questions about the TIA, Mr. Schuler stated that the analysis takes into
consideration what is currently occurring on the road and then the projected growth in the area. A background growth
formula is used to calculate what the future transportation would be on the road at a certain time of year. He thinks in
general it would be difficult to include projections if other areas were rezoned with incentivized higher density. That
is why a TIA would be required for that specific use. Approved projects in the area that have not been developed are
looked at and are included in the TIA as well as the background growth formula.
Chairman White invited the petitioner to make comments.
Matthew Nichols, attorney with Smith Moore Leatherwood LLP and representing the petitioner, thanked the
Board for the opportunity to present the request and introduced Lutheran Services Carolinas President and CEO Ted
Goins; Trinity Landing Executive Director John C. Frye, Jr.; SFCS Inc. Architects Marcelo Menza and Camila Paggi;
Norris and Tunstall Consulting Engineers Principal John Tunstall; Davenport Engineering Senior Associate Dan
Cumbo; Mihaly Land Design Principal and Project Landscape Architect Josh Mihaly; Development Consultant
Burrows Smith; Land Management Group, Inc. Environmental Consultant Steve Morrison; and ESP Associates, PA
Surveyor Don Thomas. Mr. Nichols stated that Messrs. Goins and Frye would be presenting the project’s vision and
Ms. Paggi would provide an overview of the plan.
Mr. Goins stated that Lutheran Services Carolinas (LSC) is a faith-based not-for-profit that provides skilled
nursing care, rehabilitation, assisted living and retirement options to seniors across North Carolina as well as foster
care, adoption, veterans’ services, mental health services, refugee resettlement, disaster relief, and services to people
with developmental disabilities across the Carolinas and presented the following information about the organization:
We Believe in those We Serve and in Each Other:
Vision: The vision of Lutheran Services Carolinas is to fulfill the proclamation of Christ in John
10:10, “I came that they may have life and have it abundantly.”
Mission: Empowered by Christ, we walk together with all we serve.
Core Values: In 2012, LSC employees identified six core values or principles that define the culture
and the character of the organization and are fundamental in fulfilling the LSC mission.
Compassion: Compassion is at the foundation of the LSC ministry. To be compassionate is to
recognize the hurt or unhappiness of another and act to change it. LSC employees work in a
compassionate manner to improve the lives of all they serve.
Faith: Many employees choose to work at LSC because the desire to serve is intrinsic to their faith;
they feel called to love and to serve. LSC employees strive to be content and joyful in their work
and to create an atmosphere of support and forgiveness.
Integrity: LSC employees work responsibly, honestly, and in a transparent manner. There is an
expectation of honesty at all levels of the organization. LSC promotes a just culture, where
employees feel comfortable voicing concerns, seeking help, or admitting failures.
Respect: LSC strives to create a diverse and inclusive workplace where everyone is treated with
dignity, and differences are accepted and enjoyed. LSC employees embrace the gifts of all and
recognize the worth of each person.
Excellence: Any job worth doing is worth doing well. LSC employees strive for excellence and
encourage it in others. Employees seek out opportunities for personal growth and development and
encourage others to do so as well.
Collaboration: Bringing together the skills and knowledge of many individuals broadens perspective
and improves decision making. Collaboration fosters an atmosphere of trust and cooperation while
enriching the workplace and the LSC organization.
Realizing a 35-Year Vision:
Trinity Landing reflects the culmination of a 35-year vision for a vibrant, faith-based independent
senior living community on this very special property.
30-acres was donated by Wilmington resident Abba Lossen Crumpler and her niece, Dr. Mae
McFarland with this vision in mind. 20-acres was purchased by Lutheran Services and its
community supporters.
Circumstances have finally come together to make it possible to honor Ms. Crumpler’s wishes and
provide much needed senior living alternatives to the community.
Our Place in the Community:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 834
Since 2011, Lutheran Services Carolinas has been operating Trinity Grove near Monkey Junction
in Wilmington, NC.
Trinity Grove is a senior living community offering rehabilitation, skilled nursing, and specialized
memory care. The contemporary neighborhood-style design has beautifully appointed rooms and
gathering places indoors and inviting courtyard and garden spaces outdoors - even a playground for
visiting children.
Trinity Landing, located on a different site, will allow us to expand our Wilmington Trinity
community to include those seniors who do not require assisted living or skilled nursing care.
LSC takes its community service seriously and as a not-for-profit it takes this community’s trust very
seriously. While there is no requirement to do so, LSC has for many years provided each community it serves with a
community stewardship report to share with the public the value of its work in the community. As an example, last
year LSC provided $15 million in unreimbursed medical care statewide and $562,000 in New Hanover County alone.
Mr. Frye stated that he was the first administrator of Trinity Grove until the Spring 2015 when he became
the Trinity Landing Executive Director. Trinity Grove has developed quite a reputation for quality since its opening
in June 2011. Two examples of that are that it is a Medicare/CMS 5-star facility and for the last five years its annual
certification survey produced four deficiency-free surveys. The one time it received a minor tag was for a refrigerator
that was out of temperature by one degree for one day. This penchant and quest for quality is something that will be
carried forward to the development for active senior adults at Trinity Landing, if the application is approved.
Ms. Paggi continued the presentation by providing an overview of the plan:
The Project:
220 Senior Living Residential Units.
Abundant natural and active open space to encourage pedestrian and bicycle use and to eventually
connect to the planned Greenway along Masonboro Loop Road.
Environmentally sensitive design preserving native landscape, a long-term management plan for
wetlands, and renewable energy resources.
A mixture of diverse uses on-site including Dining, a Wellness Center, a Salon and more to
encourage healthy lifestyles and a sense of community and to reduce traffic trips through internal
capture.
A pavilion and community boating facility for the residents to enjoy.
This is a three-part plan. In the front of the property will be the independent living apartment complex, in the
center will be a group of villa hybrid products and then at the very end there will be a pavilion and boat dock. In order
to maintain LSC’s respect to the neighbors, the three-story apartment complex has been pulled back 200 feet from the
northern property line. Each three-story building is designed so that each end is what will be seen from the northern
neighbors and then any of the longer structures that would be the full three-stories would be pushed back as far to the
south as possible while maintaining the 30-foot buffer.
The center is where the majority of the development will be located and there is a more residential scale with
villa hybrid products. These are two-story, six to eight units, with parking underneath. Throughout the entire design
a meandering path of rows and paths have been created and efforts have been made for each section to keep an active
open space for the apartment complex as well as the villa hybrid products. This is to encourage all neighbors to use
bicycle and pedestrian access all along the site, which will eventually connect to the proposed greenway on Masonboro
Loop Road.
The boat dock and pavilion will be accessible through a golf cart path and a boardwalk that will connect from
the eastern most villa hybrid buildings down to the Intracoastal Waterway. The pavilion is envisioned to be an open
air pavilion with enclosed restrooms for residents. All of it will be built in accordance with hurricane standards.
The proposal will be broken out into two phases and depending on the marketing, the number could change.
The buildings in the first phase will include 70 to 80 of the HERO standard apartment complexes and the entire loop
road for the villa buildings and the pavilion. Phase two will have the final buildout of the apartment complexes and
then a filler of the villa hybrids. The villa hybrids have been set back 100 feet from the neighbors keeping with that
respect. One exception will be the area where LSC is trying to preserve a grove of live oaks and for that the setback
is closer while still maintaining distance away from neighbors.
Mr. Nichols concluded the presentation stating that the proposal goes above and beyond the number of points
for this density and could have up to 330 dwelling units. However, the request is for a maximum of 220 senior
independent living units. Of the six major themes in the 2016 Comprehensive Land Use Plan, Mr. Nichols’ client
respectfully contends it meets all the major criteria. He confirmed that LSC agrees with the nine additional conditions
placed on the development. The conditions are a result of the number of community meetings held at the Trinity Grove
facility. Trinity Landing will be a great neighbor. The project has proposed additional setbacks and landscaping. A
new sewer pump station will be provided in conjunction with this project which is a tremendous benefit. It is currently
an un-sewered basin. LSC will construct it which is a benefit to the Cape Fear Public Utility Authority (CFPUA) in
terms of providing sewer to that area, adding customers, and expanding the customer base. It will be sized so that the
Masonboro Landing development to the immediate north, which is currently on septic tanks, can join into that system.
It is believed this will be a huge benefit particularly closer to the water where getting off the septic tanks would be a
big environmental change as well. The EDZD ordinance is a great ordinance. Mr. Nichols stated that his clients
embraced it, even though it required a lot of additional work and design criteria, but he feels this is a far superior
project than would be had with a piecemeal rezoning.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 835
Chairman White stated that as the time was up for the speakers in favor of the request, they would be able to
speak during the rebuttal period after the opponents spoke.
In response to Board questions about the left turn in, left turn out discussion of earlier, Mr. Nichols stated
that his understanding is that the right of way is not sufficient to accommodate the left turn lane.
In response to questions about how the funds generated meet the definition of a non-profit, Mr. Goins stated
that LSC is a 501(c)(3) through the Internal Revenue Service and there are state laws specifically related to Continuing
Care Retirement Communities (CCRCs). Most of LSC’s financing has been done through the North Carolina Medical
Care Commission, which does have a number of rules that are included. Specifically, the North Carolina General
Statutes (NCGS) § 105.278.6 explains the tax exemptions for not-for-profits. LSC has a number of not-for-profits,
mostly skilled nursing facilities and a couple of retirement centers, across the state. Under NCGS § 105.278.6 there is
a subsection which specifically targets CCRCs that are financed with tax exempt bonds. In those cases, an organization
is required to utilize about five percent of its gross income on community benefit.
Chairman White invited persons in opposition to speak.
Ron Trotta, a resident of Captains Lane, stated that he is not solely opposed to the project. However, he does
have concerns and wants everyone to think about the project. He expressed concerns about the retail part of the site.
If the retail area is only for onsite resident that’s fine, but if not, that is an issue. He is concerned about the apartment
complex will be monthly/yearly/short term rental units. He expressed additional concerns about parking spaces, low
traffic counts, using the EDZD process instead of the existing zoning, noise from the HVAC units, stormwater, and
the need to make sure the commercial uses don’t have exterior lighting or signage for commercial uses. A benefit of
the project is the buffer zone and the efforts made to address the residents’ concerns about the exterior lighting. In
regards to the sewer system, the Masonboro Landing septic systems are not near the water, are well maintained, and
working. His neighborhood has always been told by the public sewer authority before it became Cape Fear Public
Utility Authority, a force main was required to service the bottom basin area to force everything uphill.
Mark Pasquarette, a resident of Captains Lane, thinks it’s a reasonable and desirable project but has concerns
about the berm and noise. He would like to see the project achieve the goal of isolation in terms of sound and visual.
There will be about 60 people arriving between 5:00 a.m. and 6:00 a.m. and deliveries would be made. He did not see
where vegetation would serve to address his concerns.
Barry Turano, a resident of Merlot Court, read through a letter he forwarded to the Board and Planning and
Land Use Director O’Keefe. He believes the Trinity Landing project is a foregone conclusion and the Planning Board
meeting was just a sham, window dressing. This is due to after a two-plus hour discussion, a Planning Board member
reading a prepared motion to accept the project with a few minor changes which was discussed prior to the meeting,
none of which addressed the traffic, density and tax issues. He feels the information he has received regarding his
questions about the median height of the buildings is not accurate. In terms of traffic, nothing addresses that there will
be more traffic during the day, not just at peak times. His neighborhood is 90 percent seniors and most work, volunteer
and in general are quite active. He expects the Trinity Landing residents will be similar in activity. Therefore, the idea
that the project will have a very small impact on peak traffic is not addressing the traffic issue for the rest of the day.
In asking how much County resources would be consumed by the project, he was told that the parent company donated
$15 million to the state in the last year. He would like to know how that helps the residents and taxpayers of New
Hanover County.
Martha O’Day, a resident of Trailing Vine Lane, expressed concerns about development size. The
neighborhoods in the area were not designed to accommodate large structures. Adding 400 senior citizens in this area
with limited access could easily overstretch emergency resources. Also, since no property taxes would be paid the
other communities will bear the additional taxes these services would require. If there is need for evacuation or
emergency services, there is only one access to a country road. If there is an accident or utility incident, Masonboro
Loop Road shuts down completely. Most people between the ages of 55 to 80 are very active and some may still be
working and certainly will be coming and going with frequency and if needed will be relying on in-home services.
This is not taken into account when analyzing the traffic. She feels it was obvious at the last meeting that the
communities’ concerns and rights were of no importance. This type of rezoning has been granted once before and that
project is not completed. Her neighborhood does not want to be on the trial run, is a precedent they don't want set, and
she hopes that the Board understands the neighborhood’s concerns.
In rebuttal for the petitioner, Mr. Nichols stated that the retail component is not open to the public and the
structure is not a conference center. It is only for residents and their guests. It is not a short term rental facility and a
lighting plan has been submitted. LSC is glad to address the HVAC concerns and it is very important to not have a
noise issue. Signage will be a very low level, one sign on Masonboro Loop Road. The berm is intermittent primarily
to preserve some vegetation. Rather than just plowing a vast area and installing a berm, there's some nice vegetation
his clients would like to keep. Allowing the berm to roll will allow the retention of some of the established vegetation.
In rebuttal for the petitioner, Development Consultant Burrows Smith stated that he is currently developing
the only other mixed use zoning in the County under the Planned Development zoning. The market need in this area
for a CCRC is huge as the other ones in the area are full. This type project is an investment of about an $80 to $100
million. The way to obtain the funds is tough and the Lutherans can do it through the nonprofit means. The area is
mostly built out and the whole goal, with the exception of design, is to try to preserve open areas. This design will
allow more vegetation to be saved than a typical subdivision. The design is low impact and trees will be saved. These
units are going to be drawn back and the residential units are going to be lower height than what's already on Captains
Lane. The air conditioning units are going to be brand new residential units that can hardly be heard. Even with the
density and the clumping of these units it's really less impact on the environment and quite a large amount of areas of
trees and natural vegetation will be saved.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 836
In rebuttal for the petitioner, Joe Farinella, a resident of Captains Lane, stated he strongly opposed the project
initially but is no longer opposed to it. He has been very involved with the process. His backyard is the closest to the
community so he will be directly impacted by the project. When he started analyzing further he realized LSC
accommodated removing the commercial, the added value due to the amount of green space, and in learning more
about the traffic patterns of seniors he became more in favor. In terms of lost property taxes, nobody wants that burden
to fall on them but the residents aren't going to be using the school system, which is a significant amount of the
revenue, so there is some offset and they will be providing services to the community. He completely supports the
project provided the plans, as outlined, are followed.
In rebuttal for the opposition, Tina Rivenbark, a resident of Captains Lane, stated that she has no opposition
to the Lutheran Home. In fact, she wrote one of the Certificate of Need recommendation letters for the current facility.
She feels the organization meets a great need. However, when she built her home 20 years ago, it was zoned to place
one house on one acre. It would have been cheaper for her to have divided it up and placed three houses on it but that
was not allowed. While it would be good to have a senior facility, her opposition to the project is that she does not
feel it takes 220 units to make the plan work. She shared information provided to her by Mr. Frye with the neighbors
that states the resident entry fee to participate in this project is projected to start at $121,500 with an average of around
$200,000 and the monthly fees start at approximately $2,565 with an average rent of $3,340. As these are fees that
residents will pay to be able to rent, she doesn’t feel that on donated land there should be 220 units in these
environmentally sensitive areas to make such a project work. LSC can place 90 or 100 units on the property to make
it work and the neighbors would welcome them. She doesn’t understand how the TIA can state that with 150
employees there will only be 40 to 50 people in the mornings and 40 to 50 people in the afternoon impacting
Masonboro Loop Road.
In rebuttal for the opposition, Leroy Hebner, a resident of Trailing Vine Lane, stated that the details of the
senior center are very good but he’s very concerned with the traffic. He does not feel that part has been adequately
addressed. He proposed that the Commissioners include as part of the approval that the entry and exit issues of the
facility be resolved. The traffic is increasing on Masonboro Loop Road and will continue to do so.
Hearing no further discussion, Chairman White closed the public hearing and opened the floor to Board
discussion and questions.
A brief discussion was held about LSC’s donation of $15 million statewide and the possibility of LSC
donating the funds generated from this project to this County. In response to Board questions, Mr. Frye stated the total
donation amount for LSC statewide was $15.6 million. In New Hanover County alone the amount was $562,000 for
2016. He feels they are already giving back to the County.
In response to Board questions about the businesses, Mr. Nichols stated that the businesses are not
independently owned. They will be operated as an amenity and in conjunction with the senior living facility.
In response to Board questions about resident ownership, Mr. Frye stated that a one-time upfront entry fee
will be charged for the person to have the right to use the accommodation for the rest of the person’s life. It can only
be paid by the applicant. No one can buy a unit as an investment and rent it out.
A brief conversation was held about affordable housing for seniors. In response to Board questions about the
entry fee, Mr. Frye stated that the entry fee is approximately $100,000 to have access to the community. It operates as
a private not-for-profit 501(c)(3) and it will generate a small excess of income. The business plan allows for that or
the project could not be taken on. There is only enough excess revenue to meet emergency needs and make the
contribution to the community benefit. The contribution statewide was $15.6 million and a portion of it constitutes the
unmet medical needs through LSC’s medical facilities.
In further discussion about affordable housing for seniors, Mr. Goins stated that LSC has addressed that with
Trinity Grove. LSC has seven skilled nursing facilities across the state and is very passionate about serving low income
people. This is one of the reasons LSC is trying to do other things to help with its business model. As a church, it loves
helping the low income and that is why its Medicaid facilities are used and why it started with Trinity Grove in this
County. It hopes to be able to add to that with a full CCRC. There has been discussion about creating a third phase at
Trinity Grove of more housing in the form of more moderate rental units. As LSC started with Medicaid, there is a
need to do a project more on the private side then possibly come back, as it is able, with some more affordable housing.
LSC does have affordable housing in a number of places across the state. At this point in this community, only Trinity
Grove has an affordable housing piece with Medicaid.
In response to Board questions, Mr. Frye stated LSC believes the investment will be $65 million at Trinity
Landing. A person does not have to be a Lutheran to apply for a place, it is open to all. In the application process,
there are age related restrictions. The primary applicant has to be a minimum of 62 years of age and minimum of 55
years of age for a spouse. LSC gives back five percent to the community and that does include the approximately
$560,000. Moving forward, in his opinion, he feels the amount will grow. The funds are used to supplement the care
that is provided at Trinity Grove. It does help pay the bills for the low income housing at Trinity Grove.
In response to Board questions about the number of employees, Mr. Frye stated that LSC based its projection
off its sister facility, Trinity Oaks, in Salisbury, NC. Employment there is about 65 people. LSC is using those
budgetary guidelines to model the Trinity Landing project as it is approximately the same size. There will be a range
of employees but the total number of employees expected is only 65, not 140 or 150 as mentioned earlier.
In response to Board questions about the entry fee being refundable, Mr. Frye explained there are two
different plans and the figure he quoted was not refundable and it is actually earned over a four-year period. The other
plan offers a 90% refund. It is a higher amount initially but a person does receive it back.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 837
In response to Board questions about product demand, Mr. Frye stated that there is a market demand for this
type product. A market study was done and it indicated there was a strong demand for it.
In response to Board questions, Mr. Frye stated the land having been donated is an advantage to this being a
workable project rather than having to buy land. Part of what is being offered with being a resident at Trinity Landing
is the close proximity to Trinity Grove and the ability to meet the needs of active seniors. Later on, if something
happens to their health, they can transfer to Trinity Grove.
Regarding concerns expressed about this project not being the highest and best use for this particular property,
Mr. Smith stated that at one point LSC had considered trying to sell the property and buy somewhere else. From a
marketing standpoint, the waterway is rated as Outstanding Resource Waters (ORW) and is the most highly rated
saltwater in North Carolina. Only nine boat slips can be placed there and if there were 100 lots those slips would have
be divided up. This project preserves the waterfront. The environmental benefit of low impact design really works
versus a traditional subdivision. As an example, during the past week with five to six inches of rain, the water did not
leave River Bluffs development he is working on and enter the Cape Fear River. The land was on the market, other
developers looked at it and no one wanted to buy it. There are aspects of the project that make it unique and it's really
not suited as good as some places for a traditional residential subdivision. He feels that a traditional subdivision would
have more impact on traffic due to school use, etc. It is not requiring more school space to be built or more school
trailers to be purchased. Seniors don’t drive at 8:00 a.m., they wait until 9:30 a.m. and they are back by 3:00 p.m. or
4:00 p.m.
In response to Board questions, Mr. Schuler stated that he does not believe the EDZD incentivizes any one
specific type of development. One of the incentives itself is that it allows for a mixture of uses and flexibility. A brief
discussion was held about the weight given for specific type uses. Mr. Schuler does think it would be a greater benefit
if the businesses were open to the public. However, that was a major concern of the surrounding neighborhoods and
the traffic generation from the project.
In response to Board questions, Mr. Cumbo stated that as far as the left turn lane fitting with the right-of-
way, it is 60-foot right-of-way, with right and left turn lanes and the drainage requirements, it would not be able to fit
typically within the 60-foot right of way as it would require more than that. There would have to be a preliminary
design and survey done to determine if it was feasible. It was not part of the NCDOT requirements.
Regarding questions about the Board’s option to impose this condition without regard to the financial
feasibility on this particular project, Mr. Schuler stated that this is a form of conditional rezoning and that condition
would have to be agreed upon with applicant. Based on his understanding of the law, various case law and the proposed
NCGS 160D are going to say that the Board of Commissioners cannot impose conditions relating to offsite
transportation improvements.
Regarding questions about if the Board declines the matter based on this would it be challengeable, County
Attorney Copley stated that anything can be challenged but the Board has a great deal more ability with regard to this
being Legislative more so than in a Special Use Permit case.
Mr. Cumbo further stated that he knows NCDOT and Wilmington MPO have done some studies in the area
of different developments and the studies have more of the distribution going to and from the south. That's why the
left turn lane didn't come back meeting the warrants that they have for that. Also, in regards to the 65 employees, it is
his understanding that they are split between three different shifts. It further splits the 65 up into a lot less people
arriving to work who will be during off-peak time frames.
In response to Board questions, Mr. O’Keefe stated that this EDZD is increasing density. The overall density
is 4.5 units per acre and based on the net, it’s 6.7 units per acre. Mr. Schuler stated that a high density development
in this zoning district would be 10.2 units per acre. R-7 by-right would allow six dwelling units per acre; R-15, allows
2.5 dwelling units per acre and with a high density Special Use Permit is allowed up to 10.2 dwelling units per acre.
For this development, when taking out the net area, which is apples to oranges when considering it to a Performance
Residential, it’s 6.7 dwelling units per acre.
Regarding questions about the point system and if the project by the definition is mixed use, Mr. Schuler
stated that is how staff is interpreting the ordinance. The amount of density the petitioner needed, they do not need the
full 16 points to get the 220 dwelling units being sought. They have done more, above and beyond what the minimum
is and needed one extra point to get the 220 units. Staff believes that with what is being incorporated now and what
is being met, they can get up to 330 dwelling units. However, they are choosing not go that high.
Regarding questions about the requirement of being within half a mile of jobs, Mr. Schuler stated that UNCW
Marine Science Center currently has 180 jobs. There’s also Red Lab, LLC and a biotech firm that has 36 jobs within
the area.
Regarding questions about if another development went in by-right with an R-15 and if it would be as good
of a project or does the EDZD provide less of a footprint, Mr. Schuler stated that in terms of the environment this
project will be more environmentally responsible. Mr. O’Keefe stated that as a by-right project the County would not
know or have a lot of control over how the project was built. There is really no control with an R-15 product. Builders
and developers in the community are doing a good job in a lot of places but it’s a mixed bag. The kind of protection
this project is offering for water quality to get closer to the Intracoastal Waterway would not be seen with an R-15
product. They are doing a good job of keeping the resource intact, keeping the trees in place and protecting the view
shed. Mr. O’Keefe feels this would hold true to the Captains Lane side, especially when looking at what’s going to
occur. There’s a buffer that’s required and that buffer in a Performance Residential subdivision wouldn’t be in control
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 838
of the individual single family homeowners, so there would be no assurance. He feels this is good project and it would
be hard to get a project with the same quality of life features that this offers in a by-right R-15 project.
In response to Board questions about the offset of services such as public safety, no taxes being paid and the
tax exempt status, Mr. O’Keefe stated it is something that needs to be considered from a policy standpoint. There will
be no students generated by this project. In terms of fire, is it his understanding that each of the structures will have
to conform to the commercial building code. There will have to be sprinklers in the buildings which should
considerably reduce the fire service requirements. It seems like it would perform favorably from a service provision
standpoint.
In response to Board questions regarding a right-turn only exiting the project and if it would make any
difference in the traffic numbers, Mr. Cumbo stated again, that is where you would want to separate the left and the
right out to where you have some significant queuing back into the site. The traffic model did not show the need for
having two separate exit lanes. The 60-foot right of way is what is established and the ditches would have to be filled
in to expand the road.
In response to Board questions about amenities being considered retail, Mr. Schuler stated that some of the
amenities will have retail components such as the convenience market. Mr. Frye stated that LSC agreed to restrict the
amenities to the residents and as such, there would not be a plan to have the market open 15 to 16 hours a day. Mr.
Nichols further explained that the original plan was to have the convenience store, pub, and coffee shop open to the
public. At the community meetings it was made abundantly and absolutely clear that the neighbors did not want the
facilities open to the public. So this was agreed to in deference to the residents. It was really meant to provide a number
of benefits but from a traffic standpoint, for example, an internal capture component in the sense that if one of the
residents wanted to get something from the convenience store they could walk there to get it.
In response to Board questions about the $562,000 for Trinity Grove, Mr. Frye stated that it did cover the
people who didn’t have the funds and it did have an impact. The revenue was the loss that LSC incurred for the care
provided for unmet medical needs for a segment of their people. If approved, it is believed this project will provide
funds for LSC to enlarge its indigent care population in a number of different areas. It could be that some of the
residents of Trinity Landing reach the end of their funds and aren't able to meet their financial commitment and they
would not be forced to leave either.
A brief discussion was held about indigent care and the $100,000 entry fee for Trinity Landing. In response
to Board questions, Mr. Frye confirmed that the $15 million a year from LSC statewide, of which approximately
$562,000 came to this County, goes to help support Trinity Grove which services a lower income retirement home.
In terms of it being considered a write-off for those who cannot pay, Mr. Goins stated that most CCRCs in North
Carolina do not accept Medicaid. Those facilities only have closed beds that only take care of the people that live in
that retirement community and they all pay privately. Some will accept some Medicare funds but not Medicaid funds
and that’s most of the CCRCs in North Carolina. LSC is one of those that started differently by starting with skilled
nursing facilities. It is a situation where because LSC has planned a place like Trinity Landing, that LSC can continue
to serve Medicaid patients in its facilities across the state, particularly in New Hanover County. In response to
additional questions, Mr. Goins confirmed that it does take money to run Trinity Grove and Trinity Landing. A portion
of the entry fee for Trinity Landing will help to pay the bills at Trinity Grove which serves the lower income.
County Attorney Copley stated that the Board needs to draw back the conversation to what its purpose is and
that is to determine whether this is an appropriate EDZD project for the zoning for this project. She thinks the
discussion is moving into the business model and how LSC generates money and it has a right to have its business
model. The Board needs to look at whether or not this is an appropriate zoning and is this an appropriate project for
that designation. She advised the Board to draw back into what its purpose is sitting as a Board with this planning
item.
Commissioner Barfield stated that he appreciates County Attorney Copley’s comments but as it was part of
the presentation he needs clarity in terms of what does the funding really mean. As the petitioner is saying there will
be a half million-dollar investment into this community, he needs to understand that in order to make a fully informed
decision.
In response to Board questions about the pump station, Mr. Smith explained that there is a basin from Channel
Haven down through UNCW that is not served by CFPUA. It will be half million-dollar station. There will be a gravity
line stubbed out the northern property line and CFPUA could extend that up to service the northern area. UNCW has
talked about possibly wanting to tie in, so there will be some pro rata pay back but LSC will have to pay for it up front.
It will be a benefit to the area and is one of the last areas along the road that does not have sewer service.
Commissioner Zapple commented the EDZD concept is very favorable for our community and for many of
the issues that have been brought up here, especially for the environment. Trying to increase the density with a trade-
off of protecting our environment is very important, especially in this extremely sensitive area. The Board has given
a lot of discussion to the 2016 Comprehensive Land Use Plan. One item that stands out to him is that a graphic in the
agenda packet details the number of items in the Comprehensive Plan that this particular project hits. He feels this is
extremely important that if the Board supports and spent the amount of time, money and effort to develop this
Comprehensive Plan that it find ways to support it. He believes the EDZD plan for the project is a perfect example of
how the Board can support and make the Comprehensive Plan a reality here in this County. He also sees an extreme
positive for the County in the lift station being installed. LSC’s investment of providing the lift station will impact the
north and south side to get out of the septic tank business and get more of our community on sewer. It's also the
preservation of the wetlands in this area and especially those that flow down to the Intracoastal Waterway. With the
EDZD concepts in the project all the water that flows through that project, even when it's fully built out as planned
and developed, should be seen to stay on that tract of land. It is also a positive project in the sensitivity and attention
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 839
paid to the neighbors coming to fruition through increasing the setbacks and the vegetation to provide more of a buffer
and keeping the height lower, etc. He feels it is a well thought through design for that area of the County. However,
his larger concern is the traffic. He is still not fully convinced that the numbers as presented in theory, will not cause
additional traffic issues coming in and going out of the project the way it's built. He sees on balance, however, through
the other positives he just stated makes it extremely favorable to this community and he is in in support of the project.
Chairman White commented that he came into this with an open mind and spent a lot of time reviewing the
application documents and speaking with various people about it. He’s heard from a lot of people in favor and in
opposition to this request. He has great concern over the traffic. Regardless of whether this is for a church or a
retirement community, which is very altruistic and laudable with the services they provide, or just a straight
development for people who want to put in 97 free-standing homes, he would have the same questions about the
traffic. He doesn’t understand why NCDOT doesn’t agree. He agrees with Commissioner Zapple’s comments as it
relates to the EDZD. This was seen coming in the Comprehensive Land Use Plan and the development community
has embraced it. We are trying to strike that balance that we struggle with so often with development and what it
brings while trying to protect the environment. This type of zoning is a remarkable process and allows us to do that,
particularly in this project. He also thinks Commissioner Barfield’s questions about the business model, although that
discussion does fall outside the direct rezoning question, he didn't bring it up, it was brought up as a point of
consideration he presumes because it was offered affirmatively by the petitioner. He feels it was right for conversation
and questions and he learned something from the discussion. He learned it was an accounting technique, which is fine,
but it wasn't a $562,000 check that was written to a non-profit. It was indigent care written off in a similar way as
Medicaid services provided by a hospital or medical provider. To that extent he appreciates it being brought to light
because it is important for the community to know it, it is good those services are provided, and it's nice to hear they
might be expanded if this project is approved. However, it should not enter into the Board’s decision making. He does
not think the project is perfect but does believe that the benefits outweigh the negatives and will be voting in favor of
it.
In response to Board questions about the traffic impact under R-15 zoning by-right, Mr. Schuler stated that
the general rule of thumb during the peak hour trips is that a single family dwelling will produce one trip per the peak
hour. For the 100 homes that would be allowed in the area by-right, it would be approximately 100 peak hour trips in
the a.m. and p.m., which would exceed what the a.m. and p.m. peak hour trips are calculated for the retirement
community.
Chairman White asked for direction from the Board.
Motion:
Commissioner Zapple MOVED, SECONDED by Vice-Chairman Watkins, to approve, affirming staff’s
statements that the application is consistent with the Comprehensive Plan and is reasonable and in the public interest,
and with the nine conditions. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP
OF THE MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED
OCTOBER 15, 1969, is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 1
(Masonboro), Page 23.
CONTINUANCE OF PUBLIC HEARING AS REQUESTED BY HELLMAN, YATES, & TISDALE FOR
OPTIMA TOWERS IV, APPLICANT, ON BEHALF OF THE PROPERTY OWNER, HOME LIFE, INC.,
FOR A SPECIAL USE PERMIT FOR A TELECOMMUNICATIONS TOWER ON A 0.80-ACRE PARCEL
LOCATED AT 2020 CORPORATE DRIVE (S-630, 7/16)
Chairman White stated that Hellman, Yates, & Tisdale for Optima Towers IV, applicant, has requested that
the item be continued and requested staff to provide an update.
Planning and Land Use Director Chris O’Keefe introduced Joe Taylor, attorney with Murchison, Taylor and
Gibson, LLC representing the petitioner, Optima Towers IV and stated that Mr. Taylor was present to respond to the
Board’s questions.
Mr. Taylor stated that on behalf of his client, Optima Towers IV, he is requesting this matter be continued
until the Board’s August 21, 2017 meeting. The basis for the request is on Thursday of the prior week, the petitioner
was informed of several new facts and findings that are important for all parties to understand prior the hearing being
held. Also, the petitioner has engineering data that one of the users provided in oral form but not in written form. Mr.
Taylor feels in accordance with good governance it would require that the information be submitted to all parties and
have a chance to meet with all parties before coming before the Board to be heard.
Chairman White requested direction from the Board.
Motion
: Vice-Chairman Watkins MOVED, SECONDED by Commissioner Zapple, to continue the public hearing
for a Special Use Permit request by Hellman, Yates, & Tisdale for Optima Towers IV, on property located at 2020
Corporate Drive, until the Regular Meeting of August 21, 2017. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
COMMITTEE APPOINTMENTS
Appointments to the Cape Fear Museum Advisory Board
Chairman White reported that five vacancies exist on the Cape Fear Museum Advisory Board with one
application eligible for reappointment and four additional applications available for consideration.
Commissioner Kusek moved to reappoint David Ball and appoint Patrick Cazalet, Dennis Dixon, Donna
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, JULY 17, 2017 PAGE 840
Pope, and Sandra Ray. Commissioner Zapple seconded the nominations.
Without objection, the Board reappointed David Ball and appointed Patrick Cazalet, Dennis Dixon, Donna
Pope, and Sandra Ray to serve three-year terms on the Cape Fear Museum Advisory Board with the terms to expire
June 30, 2020.
Appointments to the New Hanover County Planning Board
Chairman White reported that two vacancies exist on the New Hanover County Planning Board with two
applications eligible for reappointment and eight additional applications available for consideration.
Commissioner Zapple moved to reappoint Donna Girardot and Allen Pope. Vice-Chairman Watkins
seconded the nominations.
Without objection, the Board reappointed Donna Girardot and Allen Pope to serve three-year terms on the
New Hanover County Planning Board with the terms to expire June 30, 2020.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chairman White reported that no one had signed up to speak on non-agenda items.
ADDITIONAL ITEMS OF BUSINESS
CONSIDERATION AND ADOPTION OF AN ORDINANCE TO ALLOW SALE OR CONSUMPTION OF
ALCOHOLIC BEVERAGES BEFORE NOON ON SUNDAY
Chairman White stated that the General Assembly recently enacted Senate Bill 155 known as the "Brunch
Bill." Local governments may enact an ordinance allowing the sale and consumption of alcohol beginning at 10:00
a.m. on Sunday rather than noon. The unincorporated County has more than 40 bars and restaurants permitted to serve
alcohol, and a number of retail stores licensed to sell beer and wine for off-premises consumption.
Chairman White further stated that with the City of Wilmington and beach municipalities considering this
item this month, it was felt that it was appropriate to hear it tonight. He then asked if there was any objection from
any Board member to hearing the item tonight.
Hearing no objections, Chairman White asked for direction from the Board as it relates to enacting or
ratifying Senate Bill 155 as it relates to the unincorporated areas of New Hanover County.
Motion:
Commissioner Kusek MOVED, SECONDED by Commissioner Zapple to adopt the ordinance to allow sale
or consumption of alcoholic beverages before noon on Sunday. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XL,
Page 34.6.
ADJOURNMENT
There being no further business, Chairman White adjourned the meeting at 7:50 p.m.
Respectfully submitted,
Kymberleigh G. Crowell
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
online at www.nhcgov.com.