2020-01-06 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, JANUARY 6, 2020 PAGE 441
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, January 6, 2020, at
4:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North
Carolina.
Members present: Chair Julia Olson-Boseman; Vice-Chair Patricia Kusek; Commissioner Jonathan Barfield,
Jr.; Commissioner Woody White; and Commissioner Rob Zapple.
Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board
Kymberleigh G. Crowell.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Floyd Morris, The Pentecostals of Wilmington, provided the invocation and Commissioner White led
the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chair Olson-Boseman requested a motion to approve the Consent Agenda as presented.
Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair 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 Regular Meeting of December 16, 2019.
Approval of November 2019 Tax Collection Reports – Tax
The Commissioners accepted the Tax Collection Reports of New Hanover County, New Hanover County Fire
District, and New Hanover County Debt Service as of November 2019.
Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in
Exhibit Book XLII, Page 1.1.
REGULAR ITEMS OF BUSINESS
PUBLIC HEARING AND APPROVAL OF ZONING REQUEST BY COLLEGE ACRES DEVELOPMENT, LLC ON BEHALF OF
THE PROPERTY OWNER, BENNETT COMMERCIAL, LLC, TO REZONE APPROXIMATELY 9.14 ACRES OF LAND LOCATED
IN THE 5300 BLOCK OF CAROLINA BEACH ROAD, FROM R-15, RESIDENTIAL DISTRICT, AND B-2, HIGHWAY BUSINESS
DISTRICT, TO (CZD) RMF-M, CONDITIONAL RESIDENTIAL MULTI-FAMILY MODERATE DENSITY DISTRICT, IN ORDER
TO CONSTRUCT A TOWNHOME DEVELOPMENT (Z18-16) (This item was continued by staff from the December 2,
2019 agenda due to a notice error)
Chair Olson-Boseman opened the public hearing and requested staff to make the presentation.
Senior Planner Brad Schuler presented the request by College Acres Development, LLC on behalf of the
property owner, Bennett Commercial, LLC, to rezone approximately 9.14 acres of land located in the 5300 block of
Carolina Beach Road, from R-15, Residential District, and B-2, Highway Business District, to (CZD) RMF-M, Conditional
Residential Multi-Family Moderate Density District, in order to construct a townhome development. The applicant
is proposing to rezone the subject property to a Conditional Residential Multi-Family Moderate Density District
(RMF-M) to construct a townhome development consisting of 95 units. This district is one of the eight new districts
approved by Board of Commissioners in July 2019. The property is located in the Monkey Junction Area south of
Antoinette Drive. The front of the property is currently zoned B-2 (approximately 1.1 acres) and the remaining eight
acres to the west is zoned R-15. The property is a mostly undeveloped and wooded tract of land. The portion of the
property near Carolina Beach Road has been developed with an ice vending machine. The conceptual site plan is
split in half due to the long and narrow shape of the property. Changes have been made to the site plan as a result
of feedback received from the Planning Board. These modifications include the removal of one of the proposed
buildings, which results in the maximum number of 95 units. The site plan also added a vehicular turn around,
meandered the drive throughout development, and increased the size of the stormwater pond.
As it relates to traffic, the applicant must obtain a driveway permit from the North Carolina Department of
Transportation (NCDOT) to connect to Carolina Beach Road and Antoinette Drive. NCDOT provided preliminary
comments on potential roadway improvements for the project, including an extension of the existing right turn lane
on Carolina Beach Road to serve the site. A Traffic Impact Analysis (TIA) is not required due to the expected trips
being less than 100 in the peak hours. Because the proposed rezoning removes the existing B-2 zoning on the
property, the cumulative impact of the change is expected to reduce the number of trips generated from
development of the site. There is one State Transportation Improvement Project (STIP) that will convert the
intersection of Carolina Beach Road and College Road into a continuous flow intersection. Construction is expected
to start in 2024.
The 2016 Comprehensive Land Use Plan (Comprehensive Plan) designates the subject property as Urban
Mixed Use and General Residential. A little more than half of the site is designated as the Urban Mixed Use place
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, JANUARY 6, 2020 PAGE 442
type which promotes development of a mix of residential, office, and retail uses at higher densities. The remainder
of the site is designated as General Residential which focuses on lower-density housing and associated civic and
commercial services. The property is also located within the Monkey Junction Growth Node, an area where the
Comprehensive Plan encourages new growth.
The proposed townhome development is generally consistent with the mix of uses envisioned for the
Monkey Junction Growth Node and the Comprehensive Plan’s intent of providing an orderly transition of uses and
densities from higher intensity to lower intensity areas. In addition, it contributes to the range of housing types
available in this area. The application was considered by the Planning Board at its October 3, 2019 meeting and
recommended approval (5-1) finding the application to be consistent with the purposes and intent of the
Comprehensive Plan because the proposal would contribute to the mix of uses envisioned for the Monkey Junction
Growth Node, will provide an orderly transition of uses and densities, and it will contribute to the range of housing
types available in the area. The Planning Board also found approval of the rezoning request is reasonable and in the
public interest because the proposed development will connect to water and sewer services, is accessed by an
arterial street, and will include roadway improvements that mitigate the traffic generated by the development. In
addition, the Planning Board added the following conditions:
1.A downstream stormwater analysis of the existing infrastructure serving the site shall be conducted.
The analysis shall include the ownership of the infrastructure, and the party or parties responsible for
its maintenance and improvement.
2.The stormwater pond shall be aerated.
3.The townhomes shall be limited to two stories.
4.The required bufferyard shall be opaque.
The applicant agreed to the four conditions. The first, the downstream analysis of the existing stormwater
infrastructure serving the site, has been completed by the applicant and is included in the agenda packet. According
to the analysis, the existing drainage system flows west through the subject property to Mott Creek and eventually
to the Cape Fear River. The system flows primarily through open ditches, which are privately maintained by the
abutting property owners, and is piped under three road crossings. The pipe crossings are under the control of
NCDOT, who is responsible for the maintenance. The analysis further notes that the project's post-development
runoff cannot exceed the pre-development rate during a 25-year storm event. Since the analysis was provided, the
condition is no longer included in the suggested conditions of approval.
In response to Board questions, Mr. Schuler stated that Planning Board member Jeff Petroff did not indicate
why he voted against the project at the meeting. During the agenda review, he expressed concerns with the close
proximity of the front building to the existing commercial development directly north.
Chair Olson-Boseman thanked Mr. Schuler for the presentation and invited the petitioner to make remarks.
Cindee Wolf with Design Solutions, representing College Acres Development, LLC on behalf of the property
owner, Bennett Commercial, LLC, stated the project proposes to develop 95 townhome units intended for individual
ownership, with associated parking and improvements. It is in the Urban Mixed Use growth node of Monkey
Junction. The place type supports denser growth where jobs and services are already available. The design has been
a dynamic process, the narrow width of the track made creative layout challenging. Several benefits were able to be
introduced for the design such as better aesthetics with the curving drive aisle and staggering building faces as a
person is coming down the long, narrow run; the practicality of adding visitor parking due to early concerns about
there not being enough parking; and the appeal with the preliminary floor plans and architectural features. Along
the primary access drive directly from Carolina Beach Road which is limited to right in, right out movements, there
is a midpoint connection to Antoinette Drive, which is state maintained. It is lane marked and has a traffic signal at
Carolina Beach Road across from the shopping center. Vehicular circulation is also possible over the public street
from the connection to River Road. For the future, there are two stubs provided to the vacant land to the south.
When it gets developed, Ms. Wolf believes it will avail itself to a travel network to the service road and several
businesses along it running south from Carolina Beach Road. A driveway permit from NCDOT will include
improvements for efficiency and safety. Right now, there is a right turn lane along the frontage. A Wave Transit bus
line comes from downtown to this area that has two stops within a walkable distance. As to traffic impact overall,
she reiterated the staff statement that the result of the rezoning will be a reduction in the number of trips generated
by the cumulative trips if the property were developed as it is currently zoned. The sidewalk will run the length of
the site with connections to the front entry of every unit, a planted 20-foot wide opaque buffer will be installed
along the adjacent community of Marquis Hills. As to the technical site plan, the building footprints shown on the
black and white plan in the agenda packet shows a maximum box that would envelope five units. As an update to
the staff summary, there will be a combination of one, two, and three bedroom residences, rather than only three-
bedroom residences. Parking is in excess of the minimum requirement to satisfy additional resident needs and for
visitors. Also, the boxes on the black and white plan were drawn at 50-feet deep and the actual building footprint
being worked with is less than that. There is about nine feet within the boxes that actually will be patios or fenced-
in courtyards in the rear. It provides visually more distance between the homes in Marquis Hills and the actual backs
of the buildings for this proposal. This also results in more open space and more potential for a recreation area. Pond
sizing has been more closely reviewed ahead of the detailed design to assure feasibility and the applicant has agreed
to the condition that the pond be aerated to address mosquito concerns and provide visual appeal.
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Building heights are limited to two story and all sides have finishes and architectural interests. Again, this is
a combination of two and three-bedroom floor plans allowing for variations in price point and affordability. Although
beyond the flood hazard area there was discussion about storm management at the Planning Board meeting, Ms.
Wolf noted that the Mott Creek Watershed/flows to Cape Fear River map has been updated from what is in the staff
report. There is an error in the pipe sizing but it shows the project location and general routing of the drainage up
and downstream of it. This area is in the Mott Creek watershed which flows into the Cape Fear River. The system
flows primarily in open ditches but it is piped under any road crossings. The pipe crossings are under the control of
NCDOT and it is the responsibility of NCDOT to maintain those. Issues of blockage are identified by registered
complaints and work orders are created to remedy the problem, which was a conversation Ms. Wolf held with a
person from the NCDOT maintenance division. An existing system flows to the track from the southeast to Marquis
Hills and must continue to traverse this site without being impeded. The open ditches are within recorded drainage
agreements. Maintenance of the open ditches that run over the privately owned property are currently the
responsibility of those individual owners as defined in the current County stormwater regulations. The efforts to
create a County stormwater utility will be a huge improvement to addressing positive flow to the drainage basins.
The Planning Board, as one of their conditions, asked that the drainage be reviewed more closely than is generally
the preliminary status prior to this meeting. Paramounte Engineering performed a downstream analysis for this
proposal and provided the following statement:
There is a conveyance ditch through the subject property to a 36-inch RCP pipe under Antoinette
Drive, an NCDOT public right-of-way. The project pond, as sized, will meet the County and State
regulations for both water quality and flood control. In our analysis, the existing pipe will
continue to meet NCDOT hydraulic requirements with the development of the subject property
as presented. As with any new project, formal submittals to NCDOT and the County must be
reviewed and approved prior to release of final construction drawings.
Ms. Wolf concluded her presentation stating the proposal is consistent, reasonable and in the public
interest in concurrence with staff and Planning Board recommendations. It is based on the primary points that the
proposal provides increased housing with infill development on an underutilized tract of land where utilities and
urban services already exist. Growth should be accommodated with a variety of housing types. A townhome-style
housing product provides an acceptable transition to adjacent single-family homes and this plan fosters an enhanced
design with visual interest and well-designed building facades.
In response to Board questions, Ms. Wolf stated she does not know at this time the price points of the
homes.
In response to Board questions, Mr. Schuler stated he is not aware of any flooding issues that occurred in
this area. He spoke with neighbors that live next door to the project and it was noted that water got into their
property but did not go into their dwelling unit. The County stormwater requirements require the post development
runoff does not exceed predevelopment runoff.
In response to Board questions, Mr. Schuler stated he does not know if the stormwater utility will keep
these particular ditches clear and would have to defer to the County Engineer or the County Manager. County
Manager Coudriet stated the intention of the utility is if there is a stormwater system within the development the
homeowners’ association (HOA) is responsible for it, but it would receive a discount. However, once it connects into
the public system, out into the right of way where there is a general conveyance across property, the utility is
intended to be responsible for it. Anything within the development that is part of an approved stormwater system
where the HOA is the permit carrier, the HOA is responsible. He confirmed that the stormwater utility is and will be
responsible for the conveyance system on the Antoinette Drive properties.
In response to Board questions, Mr. Schuler confirmed the B-2 zoning district would support a cell tower, a
park, or passive recreation. He agreed that as of now, there are zero trips connected with the property as there is
nothing on the property and any additional trips are additional trips being generated. However, it is important to
note that it is zoned for B-2. It is zoned for uses such as retail, restaurants, and any one of those uses can come in
now and get a building permits to develop on the site. In looking at a rezoning, staff is looking at what the net change
would be of what can be done by-right in B-2 versus what is being proposed by an applicant. Staff is looking at a
general shopping center related use on the property which would generate over 150 trips during the peak hours. A
cell phone tower would generate about one trip per week.
In response to Board questions, Mr. Schuler stated when the rezoning application was originally submitted,
the applicant applied for a high density special use permit which requires review by the Technical Review Committee
(TRC). The Fire Marshal has reviewed the plans and it does comply with the emergency access regulations.
In response to Board questions, Ms. Wolf confirmed there was no left turn allowed out of the Carolina
Beach entrance and there is a median in that area. The Antoinette Drive intersection has on the approach from
Antoinette Drive both left and right turns or straight through. In front of the applicant’s property it would be limited
to right-in, right-out. The property to the south may eventually get developed and then that property would have to
connect to the applicant’s property and could access the service road that runs in front of Rucker John’s restaurant
and the other businesses. After conferring with her client, Ms. Wolf stated the price point in this area of the
community is generally in the mid-200s for a townhome product without a garage. She is not aware of anything in a
potential HOA that would restrict rentals. As to the comment earlier about there being ample parking spaces, 95
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, JANUARY 6, 2020 PAGE 444
homes would require two spaces per home which equates to 190 spaces. The proposal has 26 more spaces which is
an increase of 13.7%.
In response to Board questions, Mr. Schuler stated as it relates to the RMF-M zoning allowing for 155 units
for this site and the request being for 95 units, it would be considered a major modification to try to add 60 more
units at a later time. The applicant would have to go back through the entire rezoning process.
Chair Olson-Boseman stated that two people signed up to speak in opposition to the request and asked the
speakers to step forward to provide remarks.
Gary Matava, resident of Carolina Beach Road, stated he was not fully opposed to the request but had
concerns and questions about the stubbed portion on Antoinette Drive being open to him or if he will be blocked
from using it. Mr. Schuler responded that is private infrastructure and the subdivision to the south would be required
by the County to have the connection be made. However, with it being private there is the potential the applicant
could request that gates be installed to restrict potential access, although as currently shown there are no gates.
Ms. Wolf explained how the easements to provide interconnectivity would work and stated that the applicant would
not be allowed to put up gates because the interconnectivity is part of the condition of this approval.
Dianne Burkhardt, resident of Antoinette Drive, spoke in opposition to the request stating while she is not
against development and there is a need for extra housing, her concern is with the stormwater pond that is behind
the homes and interconnects to the ditch that flows to Mott Creek. It is a large body of water that if there are
rainstorms as occurred with Hurricane Florence, she is concerned about the planning of drainage and not effecting
the homes that are already established in the area. She sees the traffic flow on Antoinette Drive as a bit of a problem
as the traffic already backups during rush hours and if it interconnects with 95 more units, and then will eventually
connect into what is developed behind it. That is a lot of traffic through that area. She expressed appreciation for
the mosquito issue being addressed and stated her only concerns are traffic flow and the drainage of the stormwater
pond.
Chair Olson-Boseman stated that the petitioner has five minutes to make rebuttal comments.
Ms. Wolf stated she did not have any rebuttal comments. She has spoken with Ms. Burkhardt at length. She
thinks the County’s stormwater regulations that were not in place when Marquis Hills was developed and the
stormwater utility, all of these items will be improvements of what is in place now.
Hearing no further discussion, Chair Olson-Boseman closed the public hearing and opened the floor to
Board discussion.
In response to Board questions, Ms. Wolf stated the existing ditch has to remain unimpeded and will
continue to flow through. She confirmed that a spillway for any new pond would ultimately spill out into the same
ditch. The Paramounte Engineering analysis did the preliminary calculations and stated the 36-inch pipe was
adequate to maintain NCDOT hydraulic requirements.
Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board.
Motion: Vice-Chair Kusek MOVED, SECONDED by Commissioner Barfield to approve, affirming the Planning Board’s
statements that the application is 1) Consistent with the purposes and intent of the Comprehensive Plan because
the proposal would contribute to the mix of uses envisioned for the Monkey Junction Growth Node, will provide an
orderly transition of uses and densities, and it will contribute to the range of housing types available in the area; and
2) Reasonable and in the public interest because the proposed development will connect to water and sewer
services, is accessed by an arterial street, and will include roadway improvements that mitigate the traffic generated
by the development, and with the conditions as recommended by the Planning Board:
1.The stormwater pond shall be aerated.
2.The townhomes shall be limited to two stories.
3.The required bufferyard shall be opaque.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A
OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as part of the
minutes and is contained in Zoning Book I, Section 4, Page 115.
PUBLIC HEARING AND APPROVAL OF ZONING REQUEST BY MIHALY LAND DESIGN, PLLC, ON BEHALF OF THE
PROPERTY OWNER, CHASE & DYLAN MIHALY, LLC, TO REZONE APPROXIMATELY 0.34 ACRES OF LAND LOCATED
AT 7031 MARKET STREET FROM R-15, RESIDENTIAL DISTRICT, TO (CZD) B-2, CONDITIONAL HIGHWAY BUSINESS
DISTRICT, IN ORDER TO DEVELOP AN OFFICE BUILDING (Z19-13) (This item was continued by staff from the
December 2, 2019 agenda due to a notice error)
Chair Olson-Boseman opened the public hearing and requested staff to make the presentation.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, JANUARY 6, 2020 PAGE 445
Planning Supervisor Ken Vafier presented the request by Mihaly Land Design, PLLC, on behalf of the
property owner, Chase & Dylan Mihaly, LLC, to rezone approximately 0.34 acres of land located at 7031 Market
Street from R-15, Residential District, to (CZD) B-2, Conditional Highway Business District, in order to develop an
office building. The applicant is proposing a conditional rezoning of the subject site in order to accommodate a two-
story, 2,000 square foot office building with associated parking and landscaping areas. The building will be used
primarily for the applicant's landscape architecture firm. In addition, the applicant has requested that the land use
Personal Services be included as part of the conditional rezoning request in order to accommodate a potential
yoga/fitness studio. Personal Services typically includes fitness or other instructional studios, barber/beauty shops,
salons, and other similar uses. The site is located in the northeastern portion of the County and is approximately
800-feet northeast of the future interchange of Market Street and the Military Cutoff extension. As such, roadway
improvements in the immediate vicinity anticipated to be completed with the project will include a center median
on Market Street, a southbound left turn lane at Cardinal Lanes North, a northbound left turn lane to access Ogden
Park Drive, and a multi-use path on the eastern side of Market Street.
The site does have unique features to it, specifically two stands of significant live oak trees. The northern
stand contains live oaks sized at 24-inches, 30-inches, and 34-inches, while the stand on the southern portion of the
lot has two live oaks sized at 32-inches and 38-inches. There is a 15-foot wide Duke Energy utility easement which
traverses the southwestern portion of the parcel. The applicant received a variance from the side yard setback and
minimum buffer width requirements on the northeastern boundary of the site from the Board of Adjustment on
September 24, 2019. The variance was issued due to several factors including a limited buildable area to develop
the site with a commercial use, the intent to preserve the six significant live oaks, and the presence of the Duke
Energy utility easement. The applicant is proposing only 5,649 of impervious coverage, therefore, provisions within
the County’s stormwater ordinance do not apply.
In regard to traffic, the proposed uses are anticipated to generate approximately 10 peak hour trips, well
below the threshold to conduct a traffic impact analysis (TIA) prior to development of a site. Regardless, an NCDOT
driveway permit will be required to access Market Street, and NCDOT is requiring installation of a concrete island to
ensure right-in, right-out movements in and out of the site. Several additional transportation improvements will be
completed with the Military Cutoff extension project, which will interchange with Market Street approximately 800-
feet to the southwest of this site. The improvements include: a center median on Market Street north to Middle
Sound Loop Road, a northbound left-over at Ogden Park Drive, a southbound left turn lane (left-over) at Cardinal
Lanes North, and a multi-use path on the eastern side of Market Street. There are three other TIAs within the vicinity
of the project, each with their own respective proposed/recommended improvements as well as the Military Cutoff
extension STIP project and the Market Street median project within the immediate area. Both STIP projects are
anticipated to be completed by 2023.
The 2016 Comprehensive Plan designates 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. With the proximity of the proposed uses to other residential and retail uses, location on a major
commercial thoroughfare and near significant transportation improvements, staff finds the request to be consistent
with the Comprehensive Plan.
The Planning Board considered this application at their November 7, 2019 meeting and recommended
approval (7-0) of the application, finding it to be consistent with the purposes and intent of the 2016 Comprehensive
Land Use Plan because the proposed uses are consistent with the types of commercial uses that would be
encouraged in the Urban Mixed Use place type. In addition, these uses would serve as an appropriate transition
between existing commercial development and adjacent residential neighborhoods. The Planning Board also found
that recommending approval of the rezoning request is reasonable and in the public interest because the site is in
close proximity to a major power line easement, the right-of-way for the Military Cutoff extension, and existing
commercial, therefore it is unlikely that a new single family residence will be constructed on the site. In addition, the
Board recommended the following condition proposed by the applicant be placed on the approval:
1.The six significant live oak trees on the site will be retained.
Chair Olson-Boseman thanked Mr. Vafier for the presentation and invited the petitioner to make remarks.
Josh Mihaly with Mihaly Land Design, PLLC, on behalf of the property owner Chase and Dylan Mihaly, LLC,
stated that he purchased the property approximately a year ago. He thought the site would provide a good
opportunity to put a small office in the area. To the south, the property is bound by the power lines and there is a
one-hundred-foot power line easement which is B-2 zoning. A small portion of the rear of the property is zoned B-2
and there is an existing right of way easement towards the back. There is some residential to the north of the
property and he did speak with many of the residents in the area who were relatively receptive to the proposal.
Access to the site would be off Market Street and the access via driveway has been secured from NCDOT. The
proposal is for a 2,000 square foot office, approximately 45-feet to 50-feet by 24-feet and two stories. The plan is
for Mihaly Land Design, PLLC to be on the second floor and reserve the first floor for a potential tenant. Again, he is
planning to retain all of the trees. There are a lot of changes along Market Street that are proposed to be done by
2022. At the site there is going to be a southbound left turn lane (left-over) and is part of the reason NCDOT is asking
for a right-in, right-out for the site location.
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REGULAR MEETING, JANUARY 6, 2020 PAGE 446
Chair Olson-Boseman stated that no one signed up to speak in favor or in opposition to the request, closed
the public hearing, and opened the floor to Board discussion.
Commissioner Zapple stated he thinks this is an excellent and creative use for the property and applauds
the retention of the live oaks.
Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board.
Motion: Commissioner Zapple MOVED, SECONDED by Chair Olson-Boseman to approve, affirming the Planning
Board’s statements that the application is 1) Consistent with the purposes and intent of the Comprehensive Plan
because the proposed uses are consistent with the types of commercial uses that would be encouraged in the Urban
Mixed Use place type. In addition, these uses would serve as an appropriate transition between existing commercial
development and adjacent residential neighborhoods; and 2) Reasonable and in the public interest because the
proposal would because the site is in close proximity to a major power line easement, the right-of-way for the
Military Cutoff extension, and existing commercial, therefore it is unlikely that a new single family residence will be
constructed on the site, and with the condition as recommended by the Planning Board:
1.The six significant live oak trees on the site will be retained.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A
OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is hereby incorporated as part of the
minutes and is contained in Zoning Book II, Section 8B, Page 78.
PUBLIC HEARING AND APPROVAL OF ZONING REQUEST BY DESIGN SOLUTIONS ON BEHALF OF THE PROPERTY
OWNER, CH BOUNTIFUL OPERATING, LLC, TO MODIFY THE CONCEPTUAL SITE PLAN AND CONDITIONS OF
APPROVAL OF AN EXISTING (CZD) R-10 DISTRICT (ZONING CASE Z18-09), LOCATED ON APPROXIMATELY 16.76
ACRES OF LAND IN THE 500 BLOCK OF BOUNTIFUL LANE, TO CHANGE THE PERMITTED HOUSING TYPE FROM
TOWNHOMES TO SINGLE-FAMILY HOMES (Z18-09M) (This item was continued by staff from the December 2, 2019
agenda due to a notice error)
Chair Olson-Boseman opened the public hearing and requested staff to make the presentation.
Senior Planner Brad Schuler presented the request by Design Solutions on behalf of the property owner,
CH Bountiful Operating, LLC, to modify the conceptual site plan and conditions of approval of an existing (CZD) R-10
District (Zoning Case Z18-09), located on approximately 16.76 acres of land in the 500 Block of Bountiful Lane, to
change the permitted housing type from townhomes to single-family homes. The existing conditional zoning district
(Case # Z18-09) was approved in August 2018, to rezone the site from R-20 to the existing conditional R-10 district,
as a performance residential development consisting of 55 townhomes, conditioned to be one-story with a
maximum building height of 35-feet and limited to two bedrooms per unit. Under the performance residential
standards, the 55 homes were able to be clustered on the eastern portion of the site resulting in about half of the
property remaining in its natural state.
This application proposes to modify the existing conditional zoning district to construct a performance
residential development consisting of 35 single-family detached homes with a maximum height of 35-feet, instead
of the 55 townhomes. The plan keeps the same general design of clustering the lots on the eastern side of the site,
which results in a similar amount of the property remaining in its natural state. The site is zoned conditional R-10, in
an area made up of residential R-10, 15, and 20 zoning districts. It is currently undeveloped and mostly a wooded
tract of land.
As for traffic, the 35 single-family homes are estimated to generate about the same number of trips as the
55 townhomes. The applicant was not required to conduct a Traffic Impact Analysis (TIA) because the proposed
development is not expected to generate more than 100 trips during peak hours. According to the applicant, the
peak hour trips generated from 35 single-family homes are estimated to be about 26 trips in the AM and 35 trips in
the PM. The existing site plan with 55 townhomes is estimated to be about 25 trips in the AM and about 31 trips in
the PM which results in a net increase of about one trip in the AM and about four trips in the PM. There is one STIP
project that is planned in the area making improvements to Castle Hayne Road and is expected to occur near 2024.
As part of the development review process, the applicant must obtain a driveway permit from the NCDOT. Typically,
single-family dwellings generate approximately one trip in the peak hours, while townhomes generate
approximately 0.5 trips in the peak hours.
The 2016 Comprehensive Plan designates the subject property as General Residential. The General
Residential place type focuses on lower-density housing and associated civic and commercial services. Typically,
housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail
spaces, while recreation and school facilities are encouraged throughout. The application is generally consistent with
the Comprehensive Plan because it provides residential development similar to the densities of adjacent
neighborhoods and is in line with the density recommendations of the General Residential place type.
The Planning Board considered this application at their November 7, 2019 meeting and recommended
approval (7-0), finding it to be consistent with the purposes and intent of the Comprehensive Plan because the
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proposed density is in line with the preferred range of the General Residential place type. The Planning Board also
found approval of the modification to the existing conditional R-10 district reasonable and in the public interest
because it provides for infill residential development that is compatible with the existing pattern of the area, while
protecting environmental resources by clustering structures and infrastructure.
Chair Olson-Boseman thanked Mr. Schuler for the presentation and invited the petitioner to make remarks.
Cindee Wolf with Design Solutions, representing the property owner, CH Bountiful Operating, LLC, stated
the townhomes were not substantiated after approval as a reasonable marketing residential product out in the more
rural area. The density is being reduced with this request. The housing product because of the location in the rural
area will still be in an affordable range, but will not be as many units. The applicant believes this is consistent with
the Comprehensive Plan. Because the General Residential place type promotes fostering sustainable growth through
sensible infill, the slightly increased density of what it was when it was R-20 is the form and function of an
underutilized site, maximizes land use efficiency, and is good for economic development and increased tax base.
Using the performance standards protects the site’s environmental resources by clustering structures and accessory
improvements. The reason this request is being brought forward is that the original approval had two conditions.
First, all structures would be one-story and for single family development the applicant would like to have the ability
to build two-story. None of the land is in the floodplain so Ms. Wolf does not see a need for three-story buildings.
The second reason is that the units were limited to two-bedrooms. Most single-family residential development
would seek to have at least three-bedrooms.
In response to Board questions, Ms. Wolf stated the private road will be built to NCDOT standards. The
previous was a driveway and this would be a road built to New Hanover County private road standards which are
basically the structural component of NCDOT standards. The difference is they can have a 45-foot right of way and
there would still be a sidewalk on one side, but the pavement width, turnaround, etc. are built to County standards
for emergency vehicles. It will be a dedicated right of way. The road will be turned over to the HOA unless they can
build it to NCDOT standards. She noted that the NCDOT standard usually comes into play with stormwater. The
engineer for the project had already designed all of it and only created more of a valley/gutter cross-section rather
than curb. It could eventually be dedicated to NCDOT but at this point to the best of her knowledge, it will be private.
It is a County standard that the road had to be designed to. As to the codes referenced in the agenda packet, the
codes are from the International Traffic Engineering (ITE) books which have codes for all types of land uses.
In response to Board questions, Ms. Wolf confirmed there will be Cape Fear Public Utility Authority (CFPUA)
water and sewer available to the houses. There is water and sewer in Bountiful Lane, however, this site is downhill
of the available sewer piping elevation. Part of this project is the installation of a lift station which should also avail
itself to some other properties too at some point.
In response to Board questions, Ms. Wolf stated this particular property not only would have the common
area of a private street, but the pond. An HOA prior to recordation of these lots would have to be created because
there are common areas and common elements including the pond maintenance and the street maintenance. An
HOA would have the effect of dues and she is sure it would create reserves to address potential issues in the future
if there were problems with road. Again, the actual construction of the road is to NCDOT standards, with the base
course, asphalt covering, widths, etc. and everything about it inspected to the same standard as NCDOT. In her
experience as of late, NCDOT does not want the little roads nor with them being dead ends. Until there are houses
all the way down a road, NCDOT will not take it over. There would have to be an HOA before the lots would be
recorded. Mike Rokoski, Manager of CH Bountiful Operating, LLC and owner of the property, stated the HOA will be
established with reserves upfront. Typically, his company figures the useful life and maintenance of the road and
there is a reserve line in the budget for both maintenance and future replacement so people are not stuck with
unexpected big assessments. This is done when establishing HOAs. Also, for most lending requirements to get
traditional mortgages in the current environment, lenders underwrite based on the appraisal and HOA, and the HOA
has to be in there to make the property financeable.
In response to Board questions, Mr. Rokoski stated the project on Rock Hill Road, similar to what is
anticipated for this project, has price points from approximately $200,000 to $240,000. Generally speaking, there
were some houses that were a little bigger and have add-ons that the comps were in the upper 200s. He would
anticipate this product with a smaller home maybe starting at $199,500, which would be the goal to provide
affordable housing. The property is also in USDA territory so the end builder will be able to offer 100% financing to
first-time homebuyers. The goal is to provide some affordable housing. As to the earlier questions about the lift
station, the properties will use about 48% of the lift station capacity. CFPUA has asked his company to build a higher
lift station and they are doing a cost share agreement so there will be some other people who may be having some
issues who will be able to tap into the lift station. There were very little modifications going from the townhomes to
this product in an effort to not to have to clear-cut the site.
Chair Olson-Boseman stated that one person signed up to speak in opposition to the request and asked the
person to step forward to provide remarks.
Kenneth Colston, resident of Oakley Road, stated strictly speaking he is not opposed but does have
questions. He was not able to attend the prior hearing when the townhomes were approved. His property at the
back floods with a good heavy rain and according to the site plan would abut lot 16. He is concerned about
wastewater, drainage, and would like to know how that will be addressed. He is also concerned about traffic. He
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knows there has been discussion about new private streets and the County is planning to upgrade Castle Hayne Road
and have a light installed where Oakley Road meets it. However, Oakley Road has never been improved and where
it meets Bountiful Lane has become an increasingly high traffic area.
Chair Olson-Boseman stated that the petitioner has five minutes to make rebuttal comments.
In rebuttal, Ms. Wolf stated this is a performance residential development, whether it was the townhomes
or the single-family homes. Performance residential requires a minimum 20-foot perimeter setback around the
entire property. There will continue to be a 20-foot setback for any type of buildings on lot 16. There is no longer a
buffering requirement as it is not attached housing, it is single-family to single-family. As to the drainage concerns,
the drainage systems from lots 1 and 35 will come down the street and outlet into the pond which is downstream
and downhill from Mr. Colston’s property. It is also required that all of the runoff from any of the surfaces on any of
the lots have to be collected by the system in the street to go to the pond. The pond overflow in this case is also
downhill. As to the traffic concerns, the reduction in units for this request took a trip or two off the numbers. While
single family does generate more trips, this plan has less single family units than was originally proposed with the
townhomes. Oakley Road is designed to a residential collector status according to NCDOT.
In response to Board questions, Ms. Wolf stated that no portion of the project touches Oakley Road.
Bountiful Lane does go down into Oakley Road and all of the traffic from this project will similarly go onto Oakley
Road and to the intersection with Castle Hayne Road. She is not positive of when the signal system will be installed,
but when done there will be a large improvement seen at the intersection.
In response to Board questions, Mr. Colston stated he does not have anything to state in rebuttal and his
questions have been answered.
Hearing no further discussion, Chair Olson-Boseman closed the public hearing and asked for direction from
the Board.
Motion: Vice-Chair Kusek MOVED, SECONDED by Commissioner Barfield to approve the proposed modification to
the conditional district finding it to be consistent with the purposes and intent of the Comprehensive Plan because
the proposed density is in line with the preferred range of the General Residential place type. Approval is also found
of the modification to the existing conditional R-10 district is reasonable and in the public interest because it provides
for infill residential development that is compatible with the existing pattern of the area, while protecting
environmental resources by clustering structures and infrastructure. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A
OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1974, is hereby incorporated as part of the
minutes and is contained in Zoning Book II, Section 10A, Page 43.
PUBLIC HEARING AND APPROVAL OF A REQUEST BY COASTAL LAND DESIGN, ON BEHALF OF THE PROPERTY
OWNER, PRESERVATION POINT PARTNERSHIP, LLC, FOR A SPECIAL USE PERMIT FOR A COMMUNITY BOATING
FACILITY LOCATED ON 134.9 ACRES OF LAND LOCATED WITHIN THE PRESERVATION POINT DEVELOPMENT AND
NEAR THE 100 BLOCK OF BRENTWOOD DRIVE (Z17-09) (The previously issued Special Use Permit expired in August
2019)
Chair Olson-Boseman opened the public hearing and announced that the special use process requires a
quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. She requested
all persons who signed in to speak or who want to present testimony to step forward to be sworn in.
The following persons were sworn in:
Brad Schuler
Wayne Clark
Ken Vafier
Gideon Smith
Ron Meredith
Donna Girardot
Matt Nichols
Frank Braxton
Chair Olson-Boseman further stated that a presentation will be heard from staff and then the applicant
group and the opponents group will each be allowed fifteen minutes for presentations and an additional five
minutes, if necessary, for rebuttal. She then asked Senior Planner Brad Schuler to start the presentation.
Senior Planner Brad Schuler presented the request by Coastal Land Design, on behalf of the property owner,
Preservation Point Partnership, LLC, for a Special Use Permit (SUP) for a community boating facility located on 134.9
acres of land located within the Preservation Point development and near the 100 block of Brentwood Drive. In
2017, a preliminary plan for a performance residential development consisting of 98 lots (Preservation Point –
formerly River Breeze) was approved for multiple parcels directly to the east of the subject site. Later that same
year, the subject site was rezoned to a Conditional Use R-15 district and a Special Use Permit (SUP) was issued for a
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
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community boating facility located in the Northeast Cape Fear River consisting of 98 boat slips (Z17-09). Since this
approval, the applicant has conducted a hydrographic survey of the NE Cape Fear River at the request of the North
Carolina Division of Coastal Management (NCDCM) and New Hanover County Fire Services, reestablished and
verified the location of the mean high and low water lines and the coastal wetlands, and has completed the required
scoping meeting with the NCDCM to be eligible to apply for a CAMA Major Permit, which is required to construct
the facility. Due to these requirements and the permitting process, the applicant was unable to obtain the necessary
permits to begin construction within two years of approval, and therefore, the SUP for the community boating facility
expired in August 2019.
The site was originally zoned I-2, Heavy Industrial, before it was rezoned in 2017 to the current Conditional
Use R-15 district. Again, the site consists of 134.9 acres and of that, there is a 7.5-acre island of uplands which the
boating facility will connect to. The remaining 125+ acres will be preserved in conservation space. The boating facility
is part of the Preservation Point subdivision. It is required to be a private, non-profit facility with no commercial
activities being permitted. Each boat slip must be preserved for the residents of the proposed subdivision. The
proposed development consists of an approximately 10-foot-wide, 800-foot-long boat dock containing 98 boat slips.
The dock is connected to a 7.45-acre island of uplands (San Souci Island). Access to the island will be provided by a
10-foot-wide boardwalk which spans approximately 1,400 feet east of the future Preservation Point subdivision. The
boardwalk will allow pedestrian and golf cart access to the island and the proposed community boating facility. The
island will contain an open-air pavilion containing restroom facilities, bike/walking trails, group picnic areas, natural
viewing areas, pickleball courts, a 6-hole miniature golf course, and kayak/canoe launches. The proposed community
boating facility and boardwalk must obtain applicable permits from the NCDCM and the US Army Corps of Engineers.
In regard to traffic, as the community boating facility is a private facility with no commercial activities being
permitted, it is not expected to generate any additional trips outside of those generated by the proposed subdivision.
There are two STIP projects in the area that will make improvements to Castle Hayne Road, both of which are
expected to begin near 2024. The proposed community boating facility is classified as Conservation in the 2016
Comprehensive Plan and is generally consistent with the goals of the 2016 Comprehensive Plan because it provides
low-impact recreation in an environmentally sensitive area.
As this is an SUP matter, the Board must make the four following conclusions to approve the request:
1.The use will not materially endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved.
2.The use meets all required conditions and specifications of the Zoning Ordinance.
3.The use will not substantially injure the value of adjoining or abutting property or that the use is a
public necessity.
4.The location and character of the use if developed according to the plan as submitted and approved
will be in harmony with the area in which it is to be located and in general conformity with the
Comprehensive Land Use Plan for New Hanover County.
These conclusions must be based on substantial and competent evidence presented at this hearing. Staff
has provided preliminary findings in the staff report, however, the Board does have the discretion to add to or modify
these findings based on substantial evidence provided during this meeting. The Planning Board considered this
application at their November 7, 2019 meeting and recommended approval of the application (7-0) and did not place
any conditions on the proposal.
Chair Olson-Boseman thanked Mr. Schuler for the presentation and invited the petitioner to make remarks.
In response to Board questions, Mr. Schuler stated that nothing has significantly changed and other than a
more detailed site plan, it is generally the same proposal that was presented in 2017.
Matt Nichols with the Law Firm of Matt Nichols, representing Coastal Land Design on behalf of the property
owner, Preservation Partnership, LLC, stated the Board unanimously approved the SUP request in 2017. He noted
that Frank Braxton with Coastal Land Design was present for any Board questions. The purpose of the request is
essentially to ask for more time. For the record, he has the minutes from the 2017 meeting if the Board would like
to see those. His client had an impact analysis performed of which he has copies for the Board as well. It was
prepared by Brad White, MAI, G. Brad White and Associates, LLC. He read two of Mr. White’s conclusions into the
record which relate to the third and fourth criteria the Board considers:
Based on my analysis, it is my opinion that the proposed Community Boating Facility
will not substantially injure the value of adjoining or abutting properties.
In addition, it is my opinion that the proposed Community Boating Facility will be in
harmony with the area in which it is to be located and in general conformity with the
County’s adopted plans for growth and development.
Mr. Nichols concluded his presentation stating based upon the Board's previous findings, the staff report
and Mr. White's report, his client would appreciate the Board’s consideration to renew the SUP.
In response to Board questions, Mr. Braxton stated that part of the island did flood during Hurricane
Florence. However, the center of the island did not. The higher ground is suitable for the septic and a well, which is
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how services will be provided to the island. This was also an agreement worked out with CFPUA. There are a lot of
levels of approval that had to be worked through and are still being worked on concerning the island. The elevation
of the upland area is about 12. As to the new significant tree ordinance and if this project will fall under it, Mr.
Braxton stated the surveyor did survey all of the trees on the island, which tallied to approximately 355 trees. The
design has been worked around all of the larger trees. If they start taking trees off the island, they cannot be disposed
of and cannot be burned and there is no desire to burn them. The trees would have to hauled off and it is to their
advantage not to take the trees. The design can be worked around all of it and it is an evolving plan. The island is not
able to be reached readily and once the walkway/pedestrian lane to the island is completed, the design work will
take another step.
Chair Olson-Boseman stated that no one signed up to speak in favor or in opposition to the request.
Hearing no further discussion, Chair Olson-Boseman closed the public hearing and asked for direction from
the Board.
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Kusek to approve the request, as the
Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings
of fact included in the staff summary. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book
IV, Page 79. Also, a copy of the evidence submitted by the petitioner’s attorney is hereby incorporated as part of the
minutes and is contained in Exhibit Book XLII, Page 1.2.
PUBLIC HEARING AND APPROVAL OF ZONING REQUEST BY TDR-HL, LLC, TO REZONE APPROXIMATELY 6.58 ACRES
OF LAND LOCATED NORTH OF THE EXISTING HANOVER RESERVE SUBDIVISION, IN THE 7300 BLOCK OF
SPRINGWATER DRIVE, FROM R-15, RESIDENTIAL DISTRICT, TO R-5, MODERATE-HIGH RESIDENTIAL DISTRICT (Z19-
10)
Chair Olson-Boseman opened the public hearing and requested staff to make the presentation.
Senior Planner Brad Schuler presented the request by TDR-HL, LLC, to rezone approximately 6.58 acres of
land located north of the existing Hanover Reserve subdivision, in the 7300 block of Springwater Drive, from R-15,
Residential District, to R-5, Moderate-High Residential District. The applicant is proposing to rezone approximately
6.58 acres from R-15 to R-5 within an undeveloped section of the Hanover Reserve subdivision between the terminus
of Murrayville Road and the extension of Military Cutoff. Because of the extension of Military Cutoff, this area was
identified in the Comprehensive Plan as an area that would be appropriate for a mixture of higher density residential
and commercial uses. The Hanover Reserve subdivision obtained preliminary plan approval in 2015 for 377 units. To
date, 192 single-family lots have been platted within the southern area of the subdivision, most of which now contain
occupied single-family homes. The R-5 district is intended to be the townhouse district that would be appropriate
next to single-family housing and act as a transitional area to more intense development like commercial businesses.
It also prohibits mobile homes and typical multi-family development, like apartments, allowing a maximum of four
units within any residential structure. The applicant is seeking to construct townhomes within the area proposed to
be rezoned. In addition, the special use permit for high density developments is not permitted in the R-5 district,
and the number of permitted nonresidential uses is reduced.
Regarding traffic, a townhome development with the maximum density permitted is estimated to have a
minimal increase in trips generated from the site if it was developed under the current zoning. The applicant has
completed a Traffic Impact Analysis (TIA) which was approved by NCDOT and the Wilmington Urban Area
Metropolitan Planning Organization(WMPO) in 2017. The TIA analyzed the entire 135-acre Hanover Reserve project
area with 330 single-family dwellings at full build out. The TIA requires Murrayville Road to be extended to the future
Military Cutoff extension, and signal timing to be modified at the intersections of Torchwood Boulevard at Market
Street and Gordon Road at White Road. The Military Cutoff project is currently under construction and is expected
to be completed in late 2022 to early 2023. Once the connection to Military Cutoff is completed, Murrayville Road
will allow the residents in this area to quickly access Military Cutoff. Until then, there are still many options to get to
the site, including a direct connection to Murrayville Road. The neighborhoods in this area are also well
interconnected with one another, allowing for multiple options to get to Gordon Road and Market Street.
The subject property is classified as Community Mixed Use in the 2016 Comprehensive Plan. Types of
appropriate uses in this classification include office, retail, mixed use, recreational, commercial, institutional, and
multi-family and single-family residential. The proposed R-5 rezoning is generally consistent with the 2016
Comprehensive Plan because the proposal is in line with the density range of the Community Mixed Use place type,
provides an orderly transition between existing lower density residential neighborhoods and anticipated higher
intensity development adjacent to Military Cutoff, and provides for a range of housing types near an anticipated
major roadway. The Planning Board considered this application at their December 5, 2019 meeting and
recommended approval of the application (5-0), finding it to be consistent with the purposes and intent of the
Comprehensive Plan because the proposal is in line with the density range of the Community Mixed Use place type,
provides an orderly transition between the existing lower density residential areas and the anticipated higher
intensity development adjacent to Military Cutoff, and provides for a range of housing types near an anticipated
major roadway. The Planning Board also found approval of the rezoning request is reasonable and in the public
interest because the proposal supports opportunities for more affordable housing and assists with providing a range
of housing types to the area.
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Chair Olson-Boseman thanked Mr. Schuler for the presentation and invited the petitioner to make remarks.
Cindee Wolf with Design Solutions, stated she is an authorized agent speaking on behalf of the property
owner, TDR-HL, LLC. She was not part of the team when the project was presented in October. All of the streets in
the existing Hanover Preserve are designed for this amount of additional trip generation, but a concern they wanted
to address and have done was by slightly increasing the size of the rezoning tract so that it has the adjacency to
Murrayville Road and a connection can be made prior to everything that happens in the future. As this is a
Community Mixed Use land application, this proposal is consistent with the long range plan. When the preliminary
plan in 2017 was developed, it was not envisioned that Murrayville Road would connect to Military Cutoff. As such,
the TIA then evolved into that requirement. The engineers have worked with NCDOT on the preliminary scheme of
how it would connect and there would be a signal. For illustrative purposes only, what could happen when those
two types of roads are connected with the signalized intersection is the probability of some regional development,
which in her opinion, is a big need for this section of Murrayville Road.
Since this is a conventional rezoning there is no requirement for a community meeting, however, based on
the annual HOA meeting for the homes already constructed and properties that are owned south of the
development, a meeting was held. She showed an example of the performance development with the townhomes,
three and four attached units, so residents are more aware of what is happening. To reiterate staff’s points on
moderate high residential development, it is limited to quadruplexes that serve to further protect adjacent
properties. It is in the Community Mixed Use place type making it appropriate for the density that is proposed. The
maximum density would be 53 units. Traffic is expected to be a net difference of an increase of 10 peak trips in the
morning and six in the evening, and now there will be the connection to Murrayville Road that will be required prior
to the development of it. Ms. Wolf stated the property owners concur with staff’s recommendation and the Planning
Board.
In response to Board questions about the Murrayville extension being required by the TIA but not having
any funding or a timetable for when funding is available and when it will be constructed, Ms. Wolf responded that
it is believed there have been conversations with NCDOT that it has added that to their improvements. The applicant
would be responsible for funding only part of the construction to connect to Murrayville Road as part of the
performance residential approval for this type of development. The applicant would fund the two lane dual traffic
and it would be a part of where NCDOT would construct. Staff was concerned if the road was built that it would have
to be torn down, but it would be worked in concert with NCDOT to create it. The southern end would have the
appropriate curb and gutter, it would extend enough for two lanes of traffic to the north, and ultimately it would
align with the NCDOT’s extension.
Regarding questions whether funding has been identified for the NCDOT extension project, Planning and
Land Use Director Wayne Clark stated there are two things occurring. The developer will be required to extend
Murrayville to build the rest of the project. Staff is aware that Murrayville is a narrower road, so with the
understanding of the challenge of updating the master transportation plan (MTP) through the Wilmington
Metropolitan Planning Organization (WMPO) process, a request was made from the County that the improvements
to Murrayville be included in the 2045 MTP. Those did make it in the draft and are currently in the plan going forward
for adoption. That is what was being referred to when it was stated there is no timetable. It did meet the eligible
funding requirement in the MTP, so staff is doing the best it can under the current circumstances for the long range
plan for the road to handle the expected additional traffic when Military Cutoff is complete. It will basically become
an arterial road connecting Military Cutoff to Castle Hayne Road. The improvements to the existing Murrayville Road
is what is included in the long range plan with no funding source and the developer will build the extension.
Regarding the impact to Laney High School which is overcrowded, Ms. Wolf stated it is possible that families
will move there, but overall townhomes are generally less family oriented. She does not have an answer and it is for
the department of education to answer. Again, she would say townhomes are generally less statistically to have as
many families or school aged children.
In response to Board questions about the TIA being limited to 330 single family dwellings when the overall
project is approved for 377 units, Ms. Wolf stated she does not know why it is limited. However, she thinks two
things will happen. One is that this is a piece of the last trip generation, which is three years old. Once Military Cutoff
is extended and available, rezonings will be seen in this area. Those rezonings would be conditional and would
require a new TIA and improvements as part of that TIA recommendation due to the types of uses in that
intersection. She thinks that is where all of this will piggyback, but it will not happen until Military Cutoff is there.
She also confirmed that in 2015 there were 377 dwelling units permitted at that time. To date, 192 units have been
built and the request is for a change of housing type to accommodate 53 townhomes for a total of 245 dwelling
units.
In response to Board questions, Mr. Schuler stated if this rezoning is approved and the applicant later
desired to build another 132 units to full buildout on the property, the applicant would have to go through the TRC
process again and update the overall preliminary plan which will involve NCDOT and the rest of the TRC members.
Modifications would have to be made to the overall plan which would be reviewed by the TRC because the housing
type would be changed and overall number of units. It must be reviewed to ensure it meets all standards required.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
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Commissioner Barfield stated there is a need to start planning for a new high school in the north end of the
County, recognizing that the Castle Hayne area is the least developed portion of the County. As more water and
sewer is developed in that area, he thinks more growth will be seen there.
Chair Olson-Boseman stated that one person signed up to speak in opposition to the request and asked the
speaker to step forward to provide remarks.
Pamela Moore, resident of English Court, spoke in opposition stating she has lived in the Quailwoods area
for about 20 years and is very concerned about all of the development that is going on especially in the last five
years, including the flooding and traffic trends. It is not just a matter of connecting the north of Murrayville Road to
the south, it is also about being wedged. Ogden is growing over to the west on Murrayville Road. She lives on a cul-
de-sac off of Murrayville Road and the traffic is very bad at Quailwoods Road because it goes all the way through to
Ogden. Torchwood Boulevard was the main road for a while until it washed out and was a major road that brought
traffic, not only from Ogden, but from Jacksonville. People are cutting through residential streets to get to College
Road. She contacted Justin Leonard, NCDOT Traffic Engineer of Division 3, on March 15, 2019 regarding her concerns
as the HOA has speed limits at 25 miles per hour, but her street is not in the HOA. Not being part of an HOA affects
what the street speed limits are set at. A study was done in that area and Mr. Leonard told her that because some
roads are maintained by different groups, it makes it complicated to control the traffic and set the speed limits. An
engineering investigation was completed from Murrayville to Ogden and the other roads, and the office recognized
the speed limit needs to be reduced to 25 miles per hour, but it would be several months before the signs could be
put in place. If the rezoning is done in a moderate to heavy residential area, there will be traffic from the north that
was not there before and will be more than the 10 trips. There are horse farms and livestock there and if those roads
are to be extended, it will be taking up the houses on Murrayville Road and it is 35 miles per hour through that area.
The question is will a stoplight be placed in the middle of the neighborhood so the north Murrayville traffic can come
through Quailwoods Road. She does not think the area can handle more and the infrastructure, with the flooding
and traffic, has to be looked at. In speaking to Mr. Leonard, she does not think his office recognized her street was
not part of the HOA and there is a lot his office does not understand about the complexity of the area. The storm
that came through in September was minor compared to Florence, and flooded her street and it never floods. She
believes the reserve building in the residential area impacted the drainage. She does not know who is in charge of
th
the drainage since she is not part of the HOA. She contacted Mr. Clark on September 9 and he notified her that he
forwarded her message to the engineering department who has staff checking into drainage in the County and is
working with NCDOT. She has done what she can to put the red flags up that this area is in trouble. She hopes the
Commissioners will take time to realize that with all of the climate changes going on, we need to change how we do
things and improve things.
Chair Olson-Boseman stated that the petitioner has five minutes to make rebuttal comments.
In rebuttal, Ms. Wolf stated she was a bit confused about Ms. Moore’s comments about the connection
between Murrayville and Ogden, because the only connection she is aware of is meandering through the
neighborhoods to get to some of the other roads. She thinks a partial solution to some of the issues will be the
eventual intersection between Murrayville Road and Military Cutoff because it will create what is a logical
commercial node. People will have a more efficient way to get to Market Street. Ms. Wolf stated she does not really
have anything to rebut Ms. Moore’s comments. This is a growing community and there are rules and regulations in
place to address Ms. Moore’s concerns. As the population grows, the issues continue to get more intense.
In rebuttal, Ms. Moore stated she had a repairman come from Jacksonville to her home. The directions
Google maps gave him from Jacksonville was to use Torchwood Road rather than take the I-40 exit to her home.
There are many things coming into play that is impacting the traffic, such as directions via Google directing traffic
through neighborhoods.
Hearing no further discussion, Chair Olson-Boseman closed the public hearing and opened the floor to
Board discussion.
In response to Board questions, Mr. Bland with TDR-HL stated the price point for the townhomes is
speculative at this point. The range will probably be between $250,000 to $300,000 for a townhome 1,600 square
feet to 2,100 square feet.
Commissioner Zapple stated he is having great difficulty with this request and thinks the project will
eventually be exactly what is needed in the area. However, without the infrastructure and the connectivity that will
be provided by the Murrayville Road extension, and until the school situation is dealt with, at this point it is
untenable. He knows school redistricting is coming up and as Commissioner Barfield previously mentioned, another
high school is needed to take the pressure off the overcrowded schools. He is having great difficulty supporting the
project at this point.
Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board.
Motion: Vice-Chair Kusek MOVED, SECONDED by Commissioner Barfield to approve the request, affirming the
Planning Board’s statements that the application is 1) Consistent with the purposes and intent of the Comprehensive
Plan because the proposal is in line with the density range of the Community Mixed Use place type, provides an
orderly transition between the existing lower density residential areas and the anticipated higher intensity
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, JANUARY 6, 2020 PAGE 453
development adjacent to Military Cutoff, and provides for a range of housing types near an anticipated major
roadway; and 2) Reasonable and in the public interest because the proposal supports opportunities for more
affordable housing and assists with providing a range of housing types to the area.
Hearing no further discussion, Chair Olson-Boseman asked the Board for a vote on the motion on the floor.
Upon vote, the MOTION PASSED 4-1. Commissioner Zapple dissenting.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A OF NEW
HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is hereby incorporated as part of the minutes and is
contained in Zoning Book II, Section 8B, Page 79.
PUBLIC COMMENT ON NON-AGENDA ITEMS
Chair Olson-Boseman reported that one person signed up to speak on non-agenda items and invited the
speaker to step forward.
Marcus Lacewell, resident of Flint Drive, stated the purpose of his comment is to get feedback for the public
school board meeting the following day. He went to the school board meeting in December where they had been
considering redistricting. He had attended to gather information and what he heard was people who were both in
support of it and against it. He stated he was taught to not be against anything unless there is a solution. When he
left the meeting, he began contacting members of the board about his proposal. He has heard from various people
in the military, friends, and family, that when they leave for the military, they are in culture shock because they
didn’t know people were like this or like that. He has lived in various places before he was 18 years old, and through
that he learned about people living in different atmospheres with different concerns. They judge them through a
lens of their own atmosphere and their own areas, so that’s where prejudice begins and things of that nature. This
begins in elementary school when they form friend groups. In middle school and high school, they begin talking
amongst themselves in their groups where they put away childhood thinking and reasoning, and it becomes
discrimination and hate. To avoid that, they have to understand why people act the way they act and why they carry
on the way they do. What he had proposed was at the beginning of the school year, to get permission for a class in
elementary school to switch with another class with a different cultural background. That would allow the class to
get a taste of another atmosphere. He said when he was speaking with one of the board members, they were saying
that the schools are the same and have certain requirements. Mr. Lacewell said he is not just speaking about school
and education does not deal only with textbooks, it deals with the interaction in the community. When you go to
school and you leave school, you have to deal with everyone in your neighborhood. Every neighborhood has their
concerns and different things to deal with. This proposal is just like a field trip. Parents know their child better than
the child knows themselves. So if the parent feels their child will have negative thoughts of this, they can sign the
pink slip and not attend.
ADDITIONAL AGENDA ITEMS OF BUSINESS
Commissioner Zapple stated he read this past week that the Chamber of Commerce is leading a group of
educators, politicians, and staff to California to meet with Apple representatives who are interested in getting
involved with our local education. In earlier discussions with fellow commissioners, he has expressed his strong
support for face to face meetings and travel outside of New Hanover County to speak with other leaders to explore
new opportunities for New Hanover County. He is pleased to see Chair Olson-Boseman and Commissioner White
see the value in traveling on behalf of New Hanover County to participate and their willingness to help defray the
costs to the taxpayers. He is sure their experience will be positive. The agenda that has been released indicates the
meetings will be centered on education. He hopes more details about the meetings, what led to the sudden trip,
and what should be expected as a result of the meetings with one of the leading suppliers in technology and
education. He wished the Commissioners the best of luck.
In regard to questions about the meeting agenda and the background of the trip, Commissioner White
stated the community will be informed on the outcomes of the dialogue. The trip is an extension of the discussion
in the community about the future of education pertaining to brick and mortar needs. He stated that decision makers
at every level of education will be sitting in the meetings discussing the future and representing the people and
institutions. To say this meeting is a surprise to the community is misleading. This is an exciting opportunity for the
community to be invited by the largest tech company in the world to meet with them.
Chair Olson-Boseman stated she is excited to be a part of this opportunity for this region. This is bipartisan
and efforts have been made to bring in as many decisions makers as possible, including two members of the school
board, the Chancellor of the University of North Carolina Wilmington (UNCW), the President of Cape Fear
Community College (CFCC), and the head of the Chamber of Commerce. Some questions to be looked at are should
more be invested in brick and mortar or information technology; are more people doing distance education or
actually walking into a building. What she hopes to learn after these meetings is what can be done to transform
education, how can it be better, and what technology is needed. She is going in with an open mind, willing to learn,
listen, and hopes the Apple representatives present a proposal for the County to better utilize education here.
Everyone is invested in education in this County and there will be a rundown of what happened when the group
returns.
Commissioner Zapple asked County Manager Coudriet to provide an update on the request for proposal
process (RFP) for the Partnership Advisory Group (PAG). County Manager Coudriet stated so far the PAG has met
five times and the sixth meeting is this week from 5:30 p.m. to 7:30 p.m. at the Government Center. The work to
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34
REGULAR MEETING, JANUARY 6, 2020 PAGE 454
date has largely been on three fronts. One is level setting to get the PAG to understand the state of healthcare
nationally and statewide, and what are specific opportunities, challenges, and things of strength with the system
locally. There has been a real effort to apply a base level of understanding. The next two priorities were setting
overall priorities for the RFP and those priorities tracked along by design of the PAG to be in keeping with New
Hanover Regional Medical Center’s (NHRMC) Strategic plan. The third activity that is not yet complete, but might be
as soon as Thursday, is finalizing the RFP that would be released by the County on behalf of the Board but which is
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being developed by the PAG itself. At the last meeting on December 19, there was a finalized draft of the RFP that
was posted to NHRMCfuture.org within a day or two of that. The RFP has been out and the PAG has invited
comments about ways to strengthen or improve the draft. The meeting this week is designed generally to bring
closure to the RFP and once that happens, there is no timeline for that, it will be released. As the Board knows, there
is a requirement to issue the RFP to at least five potential partners and he is under the impression there are more
than five who have expressed interest. Every one of those by statutory expectation will receive the RFP. The PAG, in
addition to those that expressed interest, will identify other potential partners that to this point have not made an
inquiry about receiving the RFP. That is another piece of work for the PAG to complete before the RFP can be released
and he believes that will happen in January. It is the intention that the Co-Chairs and Vice Co-Chairs will brief the
County Commissioners as well as the NHRMC Board of Trustees on the work completed to date and the work to
st
come. They will attend the next board meeting on Tuesday, January 21, which is also the same date as the NHRMC
Board of Trustees meeting where a similar update will be presented. What is most important now is that the RFP is
available and has been available for at least two full weeks for public review and comments.
In response to Board questions, County Manager Coudriet stated there has been no cost to the County
other than opportunity costs, such as staff time being applied to supporting the work of the PAG. There are also hard
costs that are being incurred. NHRMC has agreed and has been incurring those costs along the way. An example of
hard costs is that one of the things the PAG did is identify a third party independent financial advisor to help evaluate
proposals and help with the review for how to remain independent, which is the next set of work. The PAG selected
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Ponder and Company as the independent financial advisor during the December 19 meeting and NHRMC is covering
those hard costs.
ADJOURNMENT
There being no further business, Chair Olson-Boseman adjourned the meeting at 6:05 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.