1999-08-02 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 384
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
August 2, 1999, at 6:30 p.m. in the New Hanover County Judicial Building, Courtroom 317, 316
Princess Street, Wilmington, North Carolina.
Members present were Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr;
Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster;
County Manager, Allen O’Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie
F. Harrell.
Chairman Caster called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Clerk to the Board, Lucie F. Harrell, gave the invocation.
Chairman Caster led the audience in the Pledge of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Caster announced that time had been reserved to allow the public to present an item
that was not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He
requested all persons speaking to limit their remarks to three minutes.
The following items were presented:
Presentation of Resolution from the Council of Neighborhood Associations, Inc. Requesting
the City of Wilmington and New Hanover County to Purchase a Parcel of Wetlands Between
South College Road and Holly Tree Road
Mr. Johnnie N. Henagan, President of the Council of Neighborhood Associations, Inc., read
a resolution into the record to request the City of Wilmington and New Hanover County to act
immediately to purchase a parcel of land owned by the YWCA between South College Road and
Holly Tree Road as part of a progressive program to improve the quality of water in Hewletts Creek
including an urban green way in Beasley Creek and Toomers Mill Creek. He urged the Board to
move forward with this action and stated the same resolution would be presented to the Wilmington
City Council on August 3, 1999.
Vice-Chairman Greer requested an explanation of why this action was being requested since
the property is designated as a wetland and no construction activity can occur on the site.
Mr. Henagan responded that he was not sure if the property has been designated as a wetland;
however, purchase of the parcel would protect the drainage area and wetlands which will improve
water quality in the creeks.
Discussion followed on seeking funding from the North Carolina Clean Water Management
Trust to purchase green/open space. Assistant County Manager, Dave Weaver, explained that money
received from the North Carolina Clean Water Management Trust Fund has not been earmarked for
any items; however, an Advisory Committee has been established to consider how to spend the funds.
He noted that consideration could be given by the Advisory Committee to purchase a parcel similar
to the one referenced by Mr. Henagan.
Chairman Caster expressed appreciation to Mr. Henagan for presenting the resolution and said
the resolution would be reviewed by the Board and Staff.
Discussion of Drainage Problems in Hidden Valley
Mr. Denis Murray, owner of a rental house located at 336 Hidden Valley Drive, commented
on appearing before the Board on July 12, 1999, and he expressed concern for not receiving a plan
from County Staff to make the necessary drainage improvements to his rental property. He expressed
appreciation to Assistant County Manager Weaver for contacting him about the study being
performed by Dickson Engineering to recommend approaches for the Board to consider in addressing
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 385
flooding conditions in the Hidden Valley, Crosswinds, and Wedgefield Subdivisions.
Mr. Murray strongly objected to waiting until April 2000 to hear the results of the study, and
he requested the Board to consider some form of compensation for his property since no
governmental agency is willing to take responsibility for drainage improvements. He said if a severe
hurricane should occur within the next six months, his rental home will be flooded. He requested the
Board to authorize Dickson Engineering to take three days to review his specific problem, or
compensate him through the purchase of his property at a cost of $119,900, if immediate action is
not taken to correct the problem.
Chairman Caster informed Mr. Murray that every member of the Board understood his
concern, and he stated that every effort is being made by the Board and Staff to move as quickly as
possible to resolve this matter.
Withdrawal of Regular Agenda Items 8.1 and 8.2
Chairman Caster announced that Staff has requested withdrawal of Items 8.1 and 8.2
pertaining to the agreements with the Town of Carolina Beach and Town of Kure Breach regarding
construction of a sewer collection system in the Wilmington-Hanby Beach area. He advised that Staff
would place these items on a future agenda.
Consensus:
It was the consensus of the Board to withdraw Items 8.1 and 8.2 as requested by Staff.
APPROVAL OF CONSENT AGENDA
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve the
items on the Consent Agenda as submitted. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following sets of minutes as presented by the Clerk to the
Board:
Regular MeetingJuly 12, 1999
Special Meeting - HospitalJune 3, 1999
Airlie Gardens Work SessionJune 10, 1999
Special Meeting - HospitalJuly 8, 1999
Board of Education MeetingApril 27, 1999
Authorization to File a Grant ApplicationTo The Cape Fear Memorial Foundation to Re-
Fund the Teen AIDS Prevention Program
The Commissioners authorized the filing of a grant application to the Cape Fear Memorial
Foundation to re-fund the Teen AIDS Prevention (TAP) program for $50,700 ($50,200 from the
Foundation and $500 earned from TAP fund raising activities). If the grant is awarded, the County
Manager is authorized to accept the grant, approve the related budget amendment and sign the
necessary grant documents.
Acceptance of Victims of Crime Grant Award for FY 1999-2000 Domestic Violence Shelter,
Victims of Crime Act Award for FY 1999-2000 Rape Crisis Center and Drug Control System
Improvement for FY 1999-2000 NHRMC Communities that Care
The Commissioners accepted three grants from the Victims of Crime Act Award for funding
the second year of programs administered by the Domestic Violence Shelter, Rape Crisis Center and
Communities That Care. The grants will flow through a County escrow account with the County
being responsible for fiscal control of the funding. The Commissioners also gave retroactive approval
for the County Manager to sign all necessary documentation for these grants.
Acceptance of Tax Collection Reports Through June 30, 1999
The Commissioners accepted the following Tax Collection Reports through June 30, 1999,
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 386
as submitted by the Collector of Revenue, Patricia J. Raynor:
New Hanover County Fire District
New Hanover County
Copies of the Tax Collection Reports are hereby incorporated as a part of the minutes and are
contained in Exhibit Book XXV, Page 16.
Authorization for the New Hanover County Health Department to File a Community Health
Improvement Program (CHIP) Grant for the “Healthy Women First” Program
The Commissioners authorized the Health Department to file a CHIP grant application in the
amount of $24,692 for implementation of the Healthy Women First Program. If the grant is awarded,
the County Manager is authorized to accept the grant, approve the related budget amendment and
sign the necessary grant documents.
Approval of Budget Amendment #2000-03 for Parks Capital Project
The Commissioners approved the following budget amendment:
#2000-03 - Parks Capital Project
ADJUSTMENTDEBITCREDIT
Transfer in From General Fund$900,000
Survey & Testing$ 10,000
Other Improvements$880,000
Engineering-Out of Pocket Expense$ 10,000
Purpose:
To increase the project budget for transfers from the General Fund that were appropriated
in the 1999-2000 budget for completion of Ogden and Castle Hayne Parks.
Approval of Budget Amendment #00-0005 for River Road Tower/Sheriff’s LLEBG
Grant/Commissioners/Sheriff
The Commissioners approved the following budget amendment:
#00-0005 River Road Tower/Sheriff’s LLEBG Grant/Commissioners/Sheriff
ADJUSTMENTDEBITCREDIT
River Road Tower
HMGP-Federal$215,559
HMGP-State$ 70,000
Salaries$ 2,759
Contracted Services$ 6,000
Supplies$ 2,800
Other Improvements$274,000
Sheriff’s LLEBG Grant
LLEBG Grant$83,122
Transfer In from General Fund$ 9,236
Vehicles$92,358
Commissioners
Appropriated Fund Balance$9,236
Sheriff’s Department
Transfer (to Fund 136-LLEBG Grant)$ 9,236
Purpose:
To rollover unexpended grant funds from FY 1998-99 to FY 1999-2000
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 387
Approval of Budget Amendment #00-0008 for Cooperative Extension Project
s
The Commissioners approved the following budget amendment:
#00-0008
ADJUSTMENTDEBITCREDIT
Other Revenues$80,000
Cooperative Extension Project Expenses $80,000
Purpose:
To budget revenues and expenditures from all special projects that are accounted for with
Fund 560, which are classified as “extended projects” and are tracked separately.
PRESENTATION BY NEW HANOVER YOUTH SPORTS ASSOCIATION CONCERNING
NEW HANOVER COUNTY PARKS
Mr. Gary Collier, representing the Youth Sports Association, informed the Board that he was
pleased to report that Assistant County Manager Dave Weaver had met with the Association to
discuss issues of concern being experienced by various athletic groups with the New Hanover County
Parks Department. He advised that all persons at the meeting agreed to work out existing problems
with County Manager O’Neal and Assistant County Manager Weaver.
In closing, Mr. Collier expressed appreciation to Mr. O’Neal and Mr. Weaver for their
assistance. He informed the Commissioners that if these problems cannot be resolved, he would make
a formal presentation to the Board at a later date.
APPROVAL OF SELECTION PROCESS FOR LANDSCAPE ARCHITECT TO DEVELOP
THE AIRLIE GARDENS MASTER PLAN
Assistant County Manager Weaver reported that Staff has received Statements of
Qualifications from landscape architects interested in developing the Master Plan for Airlie Gardens.
He said the next step will be to hear proposals from the architects and present a recommendation to
the Board of County Commissioners.
Assistant County Manager Weaver commented on the importance of the Master Plan and he
requested the Board to appoint one or two Commissioners to serve on the Selection Committee.
Consensus:
After further discussion, it was the consensus of the Board to approve the selection
process and appoint Commissioner Birzenieks to serve on the Selection Committee.
APPROVAL OF CONTRACT AMENDMENT REGARDING OPEN SPACE BOND
REFERENDUM AND APPROVAL OF ASSOCIATED BUDGET AMENDMENT #00-0006
County Manager O’Neal reported that East Coast Consumer Research, the contractor
performing the Community Assessment for New Hanover County, has recommended adding three
focus groups to adequately gauge the disposition of residents in the newly annexed areas of the City
regarding the issue of a bond referendum for open space and parks. It appears that responses from
these residents may differ significantly from other County residents in light of their recent annexation.
County Manager O’Neal advised that a contract amendment in the amount of $9,400 will be
needed to add the three focus groups to the assessment process. He said if the Board approves the
contract amendment, the total contract will be $39,400.
Chairman Caster stressed the importance of performing the assessment to gather the necessary
data, and he requested Staff to be sure the open space bond referendum can be held in May 2000.
County Manager O’Neal advised that he would check with the Elections Director and report
back to the Board.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve the
contract amendment in the amount of $9,400, approve the associated budget amendment to cover
the cost of adding three focus groups to the Community Assessment process for holding an open
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 388
space bond referendum, and authorize the Chairman to execute the necessary contract documents.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Budget Amendment #2000-0006
ADJUSTMENTDEBITCREDIT
Non-Departmental:
Contingencies$9,400
Non-Departmental:
Miscellaneous $9,400
A copy of the contract amendment is in the Legal Department.
ADOPTION OF RESOLUTION AUTHORIZING NEW HANOVER COUNTY TO FILE A
WATER RESOURCES DEVELOPMENT PROJECT GRANT APPLICATION TO THE
NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
(DENR) FOR EROSION CONTROL AT SNOW’S CUT PARK
Mr. Greg Walker requested the Board to authorize Staff to file a water resources development
project grant application in the amount of $46,000 to the N. C. Department of Environment and
Natural Resources for an erosion control project at Snow’s Cut Park. If the grant is approved, New
Hanover County will receive assistance from Cape Fear Resource Conservation & Development, Inc.
and the U.S. Army Corps of Engineers.
The U. S. Army Corps of Engineers has offered to pursue funding for an Inventory and
Reconnaissance Study to evaluate the complex erosion problems occurring along the 2,000 feet of
shoreline at Snow’s Cut. In order to protect the public, this project needs to be approved. The
preliminary project costs are $69,000 comprised of the following funding components:
DENR-Division of Water Resources$46,000
New Hanover County (cash)$20,000
New Hanover County (in-kind)$ 3,000
Mr. Walker presented a design of T-shaped groins to be placed along the banks at Snow’s Cut
to break-up wave action. The theory is for vegetative growth to occur through the groins that will
gradually rebuild the banks and stabilize the shoreline to minimize future erosion. The shoreline will
allow for the public to safely fish and walk along the banks.
Chairman Caster asked if there was concern about the placement of a hardened structure
along the banks of Snow’s Cut by permitting agencies.
Mr. Walker responded there will be questions raised; however, with the current loss of land,
there should be no problem with securing the permits.
Chairman Caster expressed appreciation to Mr. Walker for the informative presentation, and
he requested a motion from the Board.
Motion:
After discussion of the need to control erosion as soon as possible, Commissioner
Birzenieks MOVED, SECONDED by Commissioner Davis to adopt a resolution authorizing Staff
to file the water resources development project grant application in the amount of $46,000 to the N.
C. Department of Environment and Natural Resources for an erosion control project at Snow’s Cut
Park and to authorize the acceptance of the grant and approval of a budget amendment in the amount
of $20,000 if the grant is awarded. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 16.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 389
APPROVAL TO RELOCATE THE FEDERAL POINT VOLUNTEER FIRE DEPARTMENT
(FIRE STATION #91)
Fire Services Administrator, Phil Kouwe, reported that Fire Station #91 is currently located
on Dow Road in Carolina Beach and it is owned and operated by the Federal Point Volunteer Fire
Department. In order to meet the increased growth in the southern tip of New Hanover County, Fire
Station #91 should be relocated to an area just north of Snow’s Cut Bridge. With significant new
development continuing to occur in this area north of Snow’s Cut, the response time needs to be
improved. Currently, Forest Lakes is classified as an “Unprotected Class 10" insurance rating due
to being more than five miles from either the Federal Point Volunteer Fire Station or the Myrtle
Grove Volunteer Fire Station. Relocating the station to the proposed site will greatly improve
services to the unprotected area north of Snow’s Cut.
Fire Services Administrator Kouwe advised that an opportunity exists for Fire Station #91
to be sold by the Federal Point Volunteer Fire Department to the Town of Carolina Beach for use by
the town. The Federal Point Volunteer Fire Department has agreed to use the sale proceeds with
funding from the New Hanover County Fire Service District to build a new station on a suitable site
yet to be determined. The Town of Carolina Beach has agreed to pay for the old station up-front and
at the same time allow Fire Station #91 to use the existing building for 18 months while a new station
is being constructed.
In closing, Fire Services Administrator Kouwe advised that the estimated cost of the new
building is $950,000 with 25% of this amount covered by the sale of the old station. The remaining
funds will come from the Fire Service District Tax. The Fire Commission has voted to support the
proposal, and the County Commissioners are being requested to approve the concept for relocating
Fire Station #9l. This commitment would allow Federal Point to move forward with the sale of the
station. All parties have agreed to wait until the County Commissioners have approved the concept
of the project.
Chairman Caster requested an explanation of how Phase II of the City’s annexation plan will
impact the proposed fire station.
Fire Services Administrator Kouwe responded that Phase II will primarily impact the Seagate
Volunteer Fire Department and the Winter Park Volunteer Fire Department. The Myrtle Grove and
Federal Point Volunteer Fire Departments will not be impacted. Phase III will impact a portion of
the Myrtle Grove Volunteer Fire Department.
Chairman Caster requested an explanation of what will occur at the Winter Park and Seagate
Volunteer Fire Departments when Phase II is completed.
Fire Services Administrator Kouwe responded as annexation occurs, the County will have to
decide whether to continue to support the annexed fire stations that are no longer serving the
unincorporated areas of New Hanover County. The Fire Service District will concentrate on the fire
departments that are serving the unincorporated part of the county. Discussion has been held with
the City of Wilmington regarding a suitable site for relocating the Federal Point Volunteer Fire
Station so when annexation occurs in the future, it will be a viable site.
Commissioner Howell informed the Board that the proposed fire station will serve the Dolphin
Bay, The Cape, properties on River Road, and new schools in the area. He stressed the importance
of locating a fire station in the southern tip of the County which is a rapidly growing area.
Fire Services Administrator Kouwe noted that discussion has been held with the Finance
Director about financing the proposed fire station over a period of 10 to 20 years. If this type of
financing is used, the cost per year will be relatively insignificant.
County Manager O’Neal advised that Fire Services Administrator Kouwe was requesting the
Board to approve the concept and direct Staff to move forward with the process including the
financing scheme. At this time, it appears that financing over a period of time will be used with
payments from revenue generated by the fire tax.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 390
Vice-Chairman Greer asked if the fire tax rate would have to be increased to pay for the new
station.
After discussing the need to further analyze the fire tax rate before rendering a decision,
County Manager O’Neal informed the Board that he felt the fire tax would probably have to be
increased.
Fire Administrator Kouwe advised that approximately $75,000 to $100,000 has been placed
in the capital project account for the last three years to install carbon-monoxide removal systems in
current fire stations. This project will be completed next year, which will free up additional funding
to offset the cost of the fire station project.
Commissioner Birzenieks cautioned the Board about approving the concept and moving
forward with the project until the financial mechanism is in place.
Finance Director Shell informed the Board that New Hanover County can obtain financing
to construct the new fire station; however, it would be premature to say the project could be paid
under the existing fire tax rate. If necessary, payments could be paid through the General Fund to
pickup the shortfall from the Fire Service District.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve the
concept of relocating the Federal Point Fire Station and authorize Staff to begin the property search
and locate a design professional. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Finance Director Shell said he would be glad to prepare a financing package and present it
to the Board for review.
ADDITIONAL ITEMS
Chairman Caster recommended considering additional items at this time since the Public
Hearings are not scheduled until 7:45 p.m.
Ratification of the Appointment of William T. Childs to Serve on the Airlie Gardens
Foundation Board, Inc.
Chairman Caster requested a motion to ratify the appointment of William T. Childs to serve
on the Airlie Foundation Board, Inc. as the representative of The Friends of Airlie.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to ratify the
appointment of William T. Childs to serve as The Friends of Airlie representative on the Airlie
Gardens Foundation Board, Inc. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Adoption of Resolution to Increase the Membership of the Cape Fear Coast Convention and
Visitors Bureau, Inc. and Approve Associated Amendments to the By-Laws for the Change
Chairman Caster requested the Board to adopt a resolution to increase the membership of the
Cape Fear Coast Convention and Visitors Bureau, Inc. from 16 to 17 directors and approve
associated amendments to the By-Laws.
Clerk to the Board, Lucie F. Harrell, explained that New Hanover County and the City of
Wilmington alternate appointment of the Marketing, Advertising, and Public Relations Professional
representative every three years. The current term of the representative appointed by the City expired
on May 31, 1999. The position was advertised by the County and the Board of County
Commissioners appointed a representative on June 21, 1999 to fill the vacant position. In the
meantime there was confusion by the City about when the term expired. A letter had been written
by a previous Councilmember stating that the term did not expire until September 17, 1999. The
person in this position was appointed by the CVB Board to serve as Chairman for the ensuing year.
After discussion by the CVB Board, a resolution was prepared and adopted to increase the
membership and amend the By-Laws accordingly. With the growth of tourism in the area, the CVB
Board felt that two marketing representatives were needed, and the City should be responsible for
appointing one representative with the County appointing the other representative. The will eliminate
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 391
the confusion that has occurred with alternating appointment of the position every three years
between the City and County.
Commissioner Birzenieks said as a member of the CVB Board, elimination of alternating
appointments will prevent confusion in the future and the two marketing representatives are needed.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt a
resolution to increase the membership of the Cape Fear Coast Convention & Visitors Bureau, Inc.
from sixteen (16) to seventeen (17) members with two of those members representing the Marketing,
Advertising, and Public Relations Professional category. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve the
amendments to the Cape Fear Coast Convention & Visitors Bureau, Inc. to amend the By-Laws as
follows: (1) increase the members from 16 to 17 with two members serving as Marketing,
Advertising, Public Relations Professional representatives; and (2) one Marketing, Advertising,
Public Relations Professional representative will be appointed by New Hanover County Board of
Commissioners and one representative will be appointed by the Wilmington City Council. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 16.
Announcement of Work Session on August 12, 1999 to Discuss Zoning Text Amendment to
Clarify the Clustering of Residential Units on Lands Classified as “Conservation” on the Land
Classification Map
Chairman Caster announced that a short Work Session will be held on Thursday, August 12,
1999, at 10:00 a.m. in the County Administration Building, Room 501, to discuss the Zoning Text
Amendment concerning the clarification of clustering residential units on land classified as
Conservation on the Land Classification Map. The meeting will be followed by a field trip to visit
conservation sites throughout the County to better understand the impact of the proposed text
amendment on these parcels of land.
Chairman Caster said that a Public Hearing on the proposed Text Amendment will be
scheduled after the Work Session.
ADOPTION OF PROCLAMATION DESIGNATING AUGUST 27, 1999, AS “EXTENSION
HERITAGE DAY” IN NEW HANOVER COUNTY
Chairman Caster requested a motion to adopt a proclamation designating August 27, 1999
as “Extension Heritage Day” in New Hanover County.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt the
“Extension Heritage Day”
proclamation designating August 27, 1999 as in New Hanover County
as part of the year long celebration of the 85th Anniversary of Cooperative Extension. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in
Exhibit Book, XXV, Page 16.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING
OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session at 7:26 p.m.
Chairman Caster reconvened to Regular Session at 7:45 p.m.
BREAK
Chairman Caster called a break at 7:45 p.m. until 7:55 p.m.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 392
PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY JODIE MILLS TO
REZONE 4.60 ACRES IN THE 5800 BLOCK OF CAROLINA BEACH ROAD ON THE
EAST SIDE, FROM R-15 RESIDENTIAL TO B-2 HIGHWAY BUSINESS (Z-669, 7/99)
Chairman Caster opened the Public Hearing.
Planning Director, Dexter Hayes, reported that during the Planning Board meeting, 45
persons spoke on the property not being suitable for residential use along this section of Carolina
Beach Road. Persons speaking in opposition expressed concern for continued commercial
encroachment into existing residential developments in this area. This discussion resulted in a 3 to
3 vote by the Planning Board. Several members of the Planning Board suggested that Mr. Mills apply
for Office and Institution or Conditional Use zoning as a transitional use, since an institutional use
(nursing home) is being located on the property to the north of the site. Mr. Kevin Cox, representing
the nursing home, expressed concern about the buffering and privacy fencing adjacent to the nursing
home.
In concluding the report, Planning Director Hayes advised that Staff recommends denial of
the rezoning request because the B-2 Zoning District will continue to erode the residential fabric for
properties located off Carolina Beach Road.
Commissioner Howell asked how many residential areas would be impacted by the proposed
rezoning.
Planning Director Hayes responded that a major residential area is across the street from the
proposed site and a house is located beside the property.
Chairman Caster asked if sewer services would be available to the site.
Planning Director Hayes explained that construction of an office building would have a
minimal impact on sewer needs; however, there is not an excessive amount of sewer capacity in this
area.
Chairman Caster asked if the petitioner would like to comment.
Mr. Randall Phillips, a state certified general appraiser, presented the minutes of the Planning
Board Meeting. He advised that he had served on a planning and county zoning commission in West
Virginia and stated he was aware of the difficult decisions that have to be made by elected officials
when reviewing rezoning cases. He reported that Mr. Mills has lived on his property since 1952.
After being contacted by Mr. Mills about the value of the property, his immediate response was that
a piece of residential property surrounded by commercial use would not have much value. He said
that Mr. Mills has no intention of selling the property, but he feels the property should be rezoned for
future use.
Mr. Phillips reported the road frontage of the property is 166 feet wide and gradually widens
to 700 feet at the back of the property. Rezoning the 166 feet of frontage on Carolina Beach Road
surrounded by B-2, B-1 and Special Use Permits will not have a negative impact on the
comprehensive planning of New Hanover County. The proposed rezoning will actually compliment
the planning by bringing it in line with the adjoining property (the Tote-Em-In Zoo) which has been
zoned B-2 for many years. The property owned by Mr. Mills is surrounded by commercial property
two-tenths of a mile in either direction. He requested the Board to approve the B-2 rezoning as
requested because this site is not a viable place to live.
Chairman Caster asked if anyone from the public would like to comment.
No comments were received.
Chairman Caster closed the Public Hearing.
Commissioner Davis asked Planning Director Hayes if the use was in compliance with the
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MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 393
Land Use Plan.
Planning Director Hayes responded that to fill in commercial nodes along Carolina Beach
Road will allow for strip commercial development, which is not in compliance with the Land Use
Plan.
Motion:
After commenting on a residential site being surrounded by commercial uses, Commissioner
Howell MOVED, SECONDED by Vice-Chairman Greer, to approve rezoning 4.60 acres located
in the 5800 block of Carolina Beach Road to B-2 Highway Business from R-15 Residential.
Commissioner Birzenieks asked if the Planning Board discussed rezoning the property to
Office and Institution.
Mr. Phillips responded that one member of the Planning Board said that Office and Institution
would not be appropriate for this site because of the adjacent zoo.
Chairman Caster called for a vote on the MOTION to rezone the property to B-2 Highway
Business. Upon vote, the MOTION CARRIED as follows:
Voting Aye:Commissioner Birzenieks
Commissioner Howell
Vice-Chairman Greer
Chairman Caster
Voting Nay:Commissioner Davis
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 5 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 5, Page 40.
PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY ARNOLD CARSON
FOR DELORIS RYALS TO REZONE 1.24 ACRES IN THE 7200 BLOCK OF MARKET
STREET FROM R-10 RESIDENTIAL TO B-2 HIGHWAY BUSINESS (Z-673, 7/99)
Chairman Caster opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board and Planning Staff
recommended approval of rezoning the 60 foot strip to B-2 Highway Business as requested by the
petitioner. There was no opposition present from the Planters Walk Subdivision, which is a
development that adjoins the property.
Commissioner Davis asked why Staff recommends approval of the rezoning.
Planning Director Hayes responded that 60 feet will not impact the existing commercial uses
in the area.
Chairman Caster asked if anyone was present that would like to speak in opposition to the
rezoning.
No comments were received.
Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to rezone 1.24
acres in the 7200 Block of Market Street from R-10 Residential to B-2 Highway Business as
recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 394
ZONING MAP OF ZONING AREA NO. 8A 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 II, Section 8A, Page 28.
PUBLIC HEARING TO CONSIDER A REQUEST BY MASON & ASSOCIATES, LLC TO
MODIFY EXISTING SPECIAL USE PERMIT (SITE PLAN) FOR A PERSONAL CARE
FACILITY LOCATED IN THE 6600 BLOCK OF GORDON ROAD (S-436, 11/98; 07/99)
Chairman Caster opened the Public Hearing and announced that the special use process
requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the
Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Cindee Wolf
Jon Mason
Planning Director, Dexter Hayes, reported the applicant proposes to modify the existing
Special Use Permit to Mason & Associates approved in December 1999 for a personal care facility.
The changes include: (1) increasing the total number of units from 45 to 51; (2) decreasing the square
footage of the building from 83,620 square feet to 65,625 square feet; (3) decreasing the amount of
impervious building coverage from 33% to 27%; and (4) reducing the number of parking spaces from
78 to 66. The number of bedrooms will represent 39 one bedroom units and 12 two bedroom units.
Planning Director Hayes advised that the Planning Board recommended approval with no
additional conditions at their July 1, 1999 meeting. No one appeared in opposition to the proposed
modifications to the personal care facility. The Planning Board inquired about storm water
management and the height of the building. Both of these elements will be controlled by the State
and County respectively.
Ms. Cindee Wolf informed the Board that during this process, the developer has been involved
with the State agencies regarding tax credits, permits, and financing of the project. The State notified
the petitioner last week that all permits and financial requirements have been approved. She
requested the Board to approve the modifications to the existing Special Use permit to provide a
secure and attractive neighborhood for the elderly.
Chairman Caster asked if any other persons would like to speak.
No comments were received.
Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve the
following modifications to the existing Special Use Permit to Mason and Associates, LLC to
construct a personal care facility for the elderly with all conditions of the original Special Use Permit
remaining in force with the exception of the following: (1) the number of units will increase from 45
to 51; (2) the total square footage of the building will decrease from 83,260 to 65,625 square feet;
(3) the number of bedrooms will represent 39 one-bedroom and 12 two-bedroom suites; and (4) the
impervious building coverage will decease from 33% to 27% based upon the evidence presented and
findings of fact concluding that 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; the use
meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially
injure the value of adjoining or abutting property or that the use is a public necessity; and the location
and character of the use if developed according to the modified plan will be in harmony with the area
in which it is to be located and in general conformity with the plan of development for New Hanover
County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 395
contained in SUP Book II, Page 26.
PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY TF HOLDINGS TO
TO REZONE APPROXIMATELY 210 ACRES BETWEEN SIDBURY AND
MURRAYVILLE ROADS FROM R-15 RESIDENTIAL TO I-2 HEAVY INDUSTRIAL. (Z-
674, 7/99)
Chairman Caster opened the Public Hearing.
Planning Director, Dexter Hayes, reported at the Planning Board meeting several residents
living along Sidbury Road spoke in opposition to the rezoning request. Their concerns involved
impacting the rural fabric of the area and the associated problems that heavy industry may bring to
the area. The Planning Board expressed concern with access to the site and the impact of I-2 Heavy
Industrial zoning to nearby well water and the Castle Hayne Aquifer. After discussion of these two
concerns, the Planning Board recommended that the northern portion of the site be rezoned I-1 Light
Industrial (property located north of the Northern Outer Loop Bypass) with the southern portion I-2
Heavy Industrial (south of the Northern Outer Loop Bypass). The center line should be the dividing
boundary.
Commissioner Davis asked if the zoning recommended by the Planning Board was due to the
lack of sewer and the limited access to the property.
Planning Director Hayes responded that sewer will not be provided by the County until 2025;
however, sewer will probably be obtained from the Murrayville Sewer system. With the location of
the proposed northern by-pass, the N. C. Department of Transportation will have to determine how
the property will be accessed. The recommendation by the Planning Board was to address potential
pollution to the Castle Hayne Aquifer that could occur with I-2 Heavy Industrial use.
Chairman Caster requested an explanation of how SHOD regulations would apply to the site.
Planning Director Hayes responded that SHOD was adopted to provide attractive
development along major corridors in New Hanover County. These regulations govern signage, open
space and setbacks for any development occurring on these highways.
Commissioner Howell asked if discussion was held by the Planning Board on the proposed
placement of the northern outer loop.
Planning Director Hayes responded that a great deal of discussion was held at the Planning
Board meeting which resulted in the access question. He stated there will be no access from I-40.
Chairman Caster asked if the petitioner would like to speak.
Mr. Raiford Trask said the concept of the plan is to provide a high-visibility site; however,
development will not occur immediately and the N. C. Department of Transportation will have to
determine how the site will be accessed. Water and sewer will be accomplished by running the line
under the road.
Commissioner Davis commented on the recommendation of the Planning Board to rezone the
northern portion of the site to I-1 Light Industrial and he asked Mr. Trask if he would be satisfied
with allowing the remaining portion of the site to remain residentially zoned until the infrastructure
and access have been clarified.
Mr. Trask responded that he would not be satisfied with leaving a portion of the site zoned
residential. He advised that TF Holdings will have access to the site because the company owns land
abutting Murrayville and Sidbury Roads. Also, water and sewer can be provided to the site.
Chairman Caster asked if the structure of a building would look the same under SHOD
regulations in an I-1 Light Industrial District versus an I-2 Heavy Industrial District.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 396
Planning Director Hayes responded the building would look the same aesthetically, but uses
would vary considerably under a heavy industrial zone.
Chairman Caster asked if anyone from the public would like to comment.
Mr. Ray Stevens, a resident of Sidbury Road for 19 years, expressed concern for the amount
of traffic increasing on Sidbury Road. He said to place heavy industrial uses at the intersection of
Dairy Farm Road would create a traffic hazard. He requested the Board to consider providing water
and sewer to the northern portion of the property instead of the southern portion.
Mr. Trask said discussion has been held with the N. C. Department of Transportation about
running a pipe under the highway to provide water and sewer to the northern end of the property.
Chairman Caster closed the Public Hearing.
Motion:
Commissioner Howell MOVED to approve I-2 Heavy Industrial zoning for the entire 210
acres as requested by the petitioner.
Vice-Chairman Greer said he would second the motion if Commissioner Howell would amend
the motion to comply with the recommendation of the Planning Board.
Amended Motion:
Vice-Chairman Howell MOVED, SECONDED by Vice-Chairman Greer to
rezone the northern portion of the site to I-1 Light industrial (property located north of the Northern
Outer Loop Bypass) with the southern portion of the property zoned I-2 Heavy Industrial (south of
the Northern Outer Loop Bypass). Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of an ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 8A OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 7, 1972, is hereby incorporated as a part of the minutes and is
contained in Zoning Book II, Section 8A, Page 28.
PUBLIC HEARING TO CONSIDER A REQUEST BY LLOYD BRINKLEY, ET AL TO
MODIFY THE EXISTING CONDITIONAL USE B-1 NEIGHBORHOOD BUSINESS
RETAIL NURSERY OPERATION TO ALTERNATIVE USES FOR PROPERTY LOCATED
BETWEEN OAK RIDGE LANE AND GREENVIEW DRIVE ON THE NORTHWEST SIDE
OF MARKET STREET (MODIFICATION) (Z-416, 9/90; 7/99)
Chairman Caster opened the Public Hearing and announced that the conditional use process
requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the
Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Cindee Wolf
Robert H. Powell
Kim T. Lewis
Allie Moore
Jadie Howard
Lloyd Brinkley, Jr.
Herman S. Herring
Elizabeth Thorpe
Garland Murrary
Planning Director, Dexter Hayes, reported that the petitioner seeks to modify the original CD
(B-1) approval for a retail nursery to include alternative uses conforming strictly to the B-1
Neighborhood Business Zoning District. Currently, the owner has an established 6,000 square foot
greenhouse, small office, storage shed, and limited parking. The site plan modifications include one
10,600 square foot one-story building and one 14,400 square foot 1.5 story building. Parking will
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 397
include approximately 103 spaces. Zoning regulations require a minimum of 63 spaces. Setbacks
and buffer yards will be dictated based upon the height of the structure adjoining Greenview Ranches
and Oak Ridge developments. The modifications of the property are not inconsistent with the
objectives and policies of the Land Use Plan adopted in 1993.
Planning Director Hayes reported at the Planning Board meeting there was no opposition
from the Oak Ridge Subdivision, Greenview Ranches Subdivision, and the church adjacent to the
property. The Planning Board recommended approval and limited the uses to a bank/financial
institution, a sit-down restaurant, and professional offices. Staff recommends approval provided the
uses are limited.
Commissioner Davis asked if the modifications were in compliance to the Land Use Plan.
Planning Director Hayes responded the property was already zoned CU(B-1). Approval of
the use would limit the property to the specific recommended uses by the Planning Board.
Vice-Chairman Greer stressed the importance of everyone understanding that approval of the
request will change existing uses on the property.
Ms. Cindee Wolf, representing Mr. Lloyd Brinkley, reported that a working nursery, known
as Lloyd’s Nursery, is currently located on the site. The plants are grown on the site with a retail
sales office, which was part of the conditional use permit. Since the business and surrounding area
have grown, Mr. Brinkley would like to have more flexibility in using the property. One significant
feature of the site is the existing large live oak trees that will be incorporated into the site plan.
Ms. Wolfe advised that a plan has been developed to provide for a sit-down restaurant,
offices, and basic store front retail uses. More parking has been provided than required under the
Zoning Ordinance. She requested the Board to approve the plan as presented and stated the
developer is satisfied with the specific uses recommended by the Planning Board.
Chairman Caster asked if the nursery would remain in existence.
Mr. Lloyd Brinkley, Jr., informed the Board that he had operated Lloyd’s Nursery for 9 years
and Lloyd’s Landscape Limited for 17 years in New Hanover County. The proposed plan will
provide a soft business use that will include the live oak trees and other aesthetic uses. The nursery
will remain in business until the proposed plan can be developed. With the tremendous amount of
growth in the area, it is felt that more flexibility is needed in the use of the property. Historically,
Lloyd’s Nursery has been an extremely good corporate neighbor through fencing and buffering to
avoid any devaluation of property values in surrounding neighborhoods.
In concluding his remarks, Mr. Brinkley advised that Market Street has become a commercial
corridor from Ogden to the Porters Neck Shopping Center. There are seven or eight projects under
construction that are consistent with the proposed use. He requested the Board to approve the site
modifications as presented.
Chairman Caster asked if anyone from the public would like to speak. He reminded the
persons in opposition that no one attended the Planning Board meeting to discuss issues of concern.
Ms. Elizabeth Thorpe, the owner of three lots in Greenview Ranches, advised that many of
the persons in opposition were not aware of the Planning Board meeting. She expressed concern for
the fact that Mr. Brinkley has purchased lots adjacent to her property for the relocation of the
nursery. She requested the Board to protect the residents living in Greenview Ranches when
considering approval of the proposed site modifications.
Mr. Allie Moore, President of the Coastal Plains Utility Company, said this firm supplies
water to the Greenview Ranches and Oak Ridge residential subdivisions. The existing water system
is not designed to handle commercial properties. The system is approved by the State of North
Carolina to provide water to the two residential subdivisions. To convert the water system to provide
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 398
water for commercial uses will be costly to the developer. Coastal Plains Utility Company does hold
the Certificate of Convenience and Necessity franchise for the water system. The North Carolina
Utilities Commission will have to approve the provision of water to a commercial site.
Mr. Herman Herring, a resident of Greenview Ranches, reported that no residents were in
favor of placing the nursery on the site when it was rezoned. The neighbors feel that commercial
zoning is already negatively impacting the quality of life in the Greenview Ranches Subdivision.
Under the Declaration of Restrictions for Greenview Ranches, no changes are to be made without
a majority vote. After 1994, the declaration was renewed for 10 years, and commercial development
has occurred without a vote of the residents. Mr. Herring said the nursery site is attractive, but what
will happen to adjacent property owners with a sit-down restaurant and retail uses. He expressed
concern for surrounding properties decreasing in value.
Planning Director Hayes responded that private restrictions for Greenview Ranches will not
prevent the Board from considering the rezoning.
Ms.Wolf explained that the proposed rezoning would only apply to the property that is
currently being used as a nursery. Water could be addressed in the future depending upon the specific
uses. Traffic should be improved with the proposed plan because large trucks will not be using the
road.
Chairman Caster asked Mr. Brinkley if he would like to meet with the adjoining residents and
work out an agreement that will be satisfactory to the neighborhood.
Mr. Brinkley advised that an opportunity was provided to acquire three residential properties
adjacent to his residence located on two lots that he currently owns. He advised that large trucks are
used in operating a nursery and landscaping business, which can create a problem for adjoining
neighbors. The drainage problem referenced by Ms. Elizabeth Thorpe is a result of the wholesale loss
of trees and the accumulation of hurricane debris. The proposed plan will alleviate this type of heavy
traffic, and buffering will be provided to protect the neighborhood.
Commissioner Davis asked whether the current conditional use would be eliminated if the
existing conditional use permit is modified.
Planning Director Hayes said the conditional use will be eliminated and the site plan presented
will have to be implemented within two years. The use of the site for the nursery will be eliminated.
Legally, only one plan can be approved for a piece of property. The non-conforming use will exist
until the site plan is implemented.
Commissioner Birzenieks asked whether Mr. Brinkley would be able to apply at a later date
if the request is denied.
Planning Director Hayes said since the property is already zoned Conditional Use, there is no
time limit on when Mr. Brinkley can apply for the proposed use.
Commissioner Howell said it appears that Mr. Brinkley is trying to use the site in a manner
that will be more beneficial to the neighborhood. He suggested allowing time for the property
owners to meet with Mr. Brinkley to see if a satisfactory agreement can be reached.
County Attorney Copley informed the Board that legally Mr. Brinkley has the right to request
a vote on the application submitted; however, if Mr. Brinkley agrees to table the issue, the Board can
take this action.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to deny the
request.
Substitute Motion:
Chairman Caster MOVED, SECONDED by Commissioner Howell to table the
request until September 7, 1999.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 399
Chairman Caster asked Mr. Brinkley if he agreed with tabling the issue so he can meet with
the neighbors and work out a satisfactory agreement.
Mr. Brinkley agreed to table the issue.
Chairman Caster called for a vote on the MOTION to table the issue until September 7, 1999.
The MOTION CARRIED as follows:
Voting Aye:Commissioner Birzenieks
Commissioner Davis
Commissioner Howell
Chairman Caster
Voting Nay:Vice-Chairman Greer
PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY WILLIAM H.
JACKSON, III TO MODIFY CONDITIONAL USE B-2 HIGHWAY BUSINESS USE TO
INCLUDE AN ADDITIONAL BUILDING ON PROPERTY LOCATED IN THE 7700
BLOCK OF MARKET STREET ON THE NORTHWEST SIDE (Z-609, 9/97; 7/99)
Chairman Caster opened the Public Hearing and announced the modification of the
conditional use requires a quasi-judicial hearing; therefore, any persons wishing to testify must be
sworn in by the Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
William H. Jackson, III
Cindee Wolf
Planning Director, Dexter Hayes, reported the petitioner is seeking to add 1,920 square feet
of office space to the existing 2,784 square foot building. The proposed structure is located directly
behind the existing building which is part of the CD(B-2) approval in October 1997. Other
modifications include 5 additional parking spaces. Buffering and setbacks will be dictated by the
height of the new structure providing spacing between adjoining residential land uses.
Chairman Caster asked if the petitioner would like to comment.
Ms. Cindee Wolf, representing the petitioner, Mr. William H. Jackson, III, advised the
proposed changes will create a quaint low-scale office development. The plan will provide a nice
atmosphere for an office park on a small piece of property.
Chairman Caster asked if any other sworn in person would like to comment.
No comments were presented.
Chairman Caster closed the Public Hearing.
Commissioner Davis requested Planning Director Hayes to explain the following statement
in the agenda packet:
The emerging land use pattern appears to favor commercial and related non-
residential uses.
Planning Director Hayes responded that several zoning changes to Office and Institution or
Conditional Use have occurred in this area because of the railroad corridor being removed, which
impeded development on this side of Market Street. He said the petitioner has performed an
exceptional job in the design of the plan for the site.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 400
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve the
modifications to the conditional use permit approved in September 1997 to William H. Jackson, III
to include an additional building with all terms and conditions of the original CD(B-2) approved in
October 1997 remaining in force based on the evidence presented and findings concluding that 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; the use meets all required conditions and
specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity; and the location and character of the use if
developed according to the plan as submitted and approved will be in harmony with the area in which
it is to be located and in general conformity with the plan of development for New Hanover County.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book II, Page 26.
PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 3.0 ACRES IN THE
7900 BLOCK OF MARKET STREET FROM O&I OFFICE AND INSTITUTION
CONDITIONAL USE B-2 (Z-670, 7/99)
Chairman Caster announced that the conditional use zoning process requires a quasi-judicial
hearing; therefore, any persons wishing to comment must be sworn in by the Clerk to the Board.
The following persons were sworn in:
Cindee Wolf
Steve Warwick
Steve Niemeyer
Nat Chase
Jeffery Carson
Mike Gnatt
Kathy Clark
Robert Dorsey
Katie O. Gilbert
Harold H. Caison
Planning Director, Dexter Hayes, reported that on July 1, 1999, the Planning Board heard a
variety of concerns from the residents of Country Haven Subdivision located adjacent and north of
the applicant’s petition. Residential concerns included increased traffic, the variety of potential
commercial uses if rezoned to B-1, and private road maintenance impacts. The applicant for the
petition indicated that a specific use was intended for the property. Based on the applicant’s intended
use, the Planning Board recommended 6 to 0 to rezone the first 300 feet of the site (from Market
Street) to Conditional Use (B-2) with the balance of the petitioner’s property remaining O-I Office
and Institution. The conditional use application will be limited to the membership/sports recreational
category.
Planning Director Hayes presented the following findings of fact:
1. The Board must find that 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.
A.The site is located on the northwest side of Market Street. Country Haven development is
located to the rear of the site.
B.The site is located in the Ogden Fire district.
C. The property according to the site plan will have two access points from Country Haven
Drive (private road).
D.A left turn lane on Market Street and appropriate curve radii are proposed to facilitate ease
of access to the site.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 401
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A.Sports and recreational clubs are permitted under Conditional Use (B-2) criteria.
B.The proposed building size is 25,000 square feet with a building height of 1.5 stories.
C.Setbacks and buffer yards displayed on the site plan along with parking meet minimum zoning
criteria.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity.
A.The property is currently being used as a sales office for the Country Haven development.
B.Property adjacent to the southwest is a Pet Cemetery. Mendenhall residential development
is located behind the cemetery.
C.A smattering of commercial uses exist on the southeast side of Market Street, across from the
proposed request.
D.Directional lighting is proposed on site to minimize adjoining residential impacts.
4. The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development of New Hanover County.
A.In the general area along Market Street where the site is proposed, there is a mixture of
commercial and residential land uses. Emerging land uses fronting along Market Street
appear to be commercial and non residential uses.
B.Due to residential growth in the Ogden area, services such as the one proposed are needed.
Commissioner Davis asked whether the use would be in compliance to the Land Use Plan if
the front 300 feet on Market Street is zoned Conditional Use B-2.
Planning Director Hayes responded that limiting the use on the site does assist with
compliance to the Land Use Plan. In this case, the proposed use is marginally compatible to the Land
Use Plan because it will create additional activity that would not occur with institution and office use.
The Land Use Plan clearly states that commercial encroachment should not occur in residential areas;
however, conditions can be placed on the hours of operation for the sports gym that would make it
more compatible to surrounding neighborhoods.
Ms. Cindee Wolf, representing the petitioner, Steve Niemeyer, said that a spots membership
gym will not be as heavy as other business uses. The neighbors have been contacted and they
understand that the first 300 feet will be zoned Conditional Use B-2 with the remaining property left
Office and Institution. She offered to answer any questions.
Mr. Steve Niemeyer informed the Board that the gym would occupy 12,000 square feet of
the building with the remaining use for offices. A physician has expressed a desire for office space
and the intent is to provide space for an insurance office and attorney. These uses will not create a
great deal of parking space. A meeting has been held with residents and there appears to be no
opposition to placing a gym on the site.
Commissioner Davis asked how late the gym would be open.
Mr. Niemeyer responded that a majority of the gym business occurs from 5:00 p.m. until 7:00
p.m. and at lunch from 11:30 a.m. until 1:00 p.m. with a few people coming in at 5:30 a.m. until 7:00
a.m.
Commissioner Davis asked Mr. Niemeyer if he would be satisfied with the hours of operation
being limited from 5:00 a.m. until 10:00 p.m.
Mr. Niemeyer said these hours of operation would be acceptable, but he would prefer being
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 402
able to serve clients after 10:00 p.m.
Ms. Katie O. Gilbert, a resident of Placid Drive in Country Haven Subdivision, stated that she
and her husband constructed their home ten years ago. After living there a year, Mr. Brinkley
rezoned his property from R-15 Residential to O-I Office and Institution. There was no opposition
to the rezoning at that time. She expressed concern for increased traffic with other business uses on
the site, and she requested the Board to protect the residents in Country Haven by allowing the site
to remain an office and institution zone.
Mr. Robert Dowdy expressed concern for having only one road in and out of Country Haven
Subdivision. He said that using this road will only increase the traffic and become a traffic hazard for
residents living in the subdivision.
Mr. Niemeyer advised that turn lanes would be provided for persons entering and leaving the
gym. The N. C. Department of Transportation will require a deceleration lane for entrance into the
project. The designers did review placing the entrance off Market Street, but it was felt the
customers going south on Market Street would block the residents entering and leaving Country
Haven. The proposed entrance will be widened and the deceleration lane should relieve the site. He
stated that he would be willing to place the entrance off Market Street, but he felt this would not be
wise.
Mr. Donald Caison, the developer of Country Haven, reported the traffic issue has been
reviewed. With a small company across the road from the gyn and entrances into Mendenhall and
Marsh Oaks, the entrance into Country Haven Drive is already dangerous. If turn lanes and a
deceleration lane are required, this will help to resolve a hazardous traffic problem. Mr. Caison
requested the Board to approve the rezoning as requested by the petitioner to provide a gym to the
area and improve the existing traffic concerns.
Commissioner Davis asked Ms. Gilbert if the comments by Mr. Caison addressed her
concerns.
Ms. Gilbert said if the plan is approved by the N. C. Department of Transportation, the
concerns should be addressed.
Mr. Niemeyer advised the N. C. Department of Transportation will develop the access points
and decide on the deceleration lane.
Planning Director Hayes advised the Board could place this condition on the use subject to
approval by the N. C. Department of Transportation.
Chairman Caster asked Mr. Niemeyer if he agreed with the findings of fact presented by the
Planning Director.
Mr. Niemeyer concurred with the findings as presented.
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to leave the
back portion of the site zoned Office and Institution and rezone the front 300 feet of the site from
Market Street to Conditional Use B-2 subject to approval of the N. C. Department of Transportation
regarding the deceleration lane and turn lanes, which if not required by DOT will not prohibit the
project, based upon the evidence presented and findings concluding that the use will not materially
endanger the public or safety if located where proposed and developed according to the plan as
submitted and approved; the use meets all required conditions and specifications of the Zoning
Ordinance; the use will not substantially injure the value of adjoining or abutting property; and the
location and character of the use if developed according to the plan as submitted and approved will
be in harmony with the area in which it is to be located and in general conformity with the plan of
development for New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 403
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 6, 1971 is hereby incorporated as a part of the minutes and is
contained in Zoning Book I, Section 5, Page 41.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book II, Page 26.
PUBLIC HEARING TO CONSIDER A REQUEST SUBMITTED BY RIVER ROAD
DEVELOPMENT TO REZONE 1,409 ACRES IN THE 4600 BLOCK OF RIVER ROAD
FROM I-2 HEAVY INDUSTRIAL TO PD PLANNED DEVELOPMENT(Z-677, 7/99)
Planning Director, Dexter Hayes, explained that Planned Unit Development is approval of a
project master plan that becomes the zone, and nothing else can be built on the property. The plan
includes a mixture of land uses, a number of units, location of roads and circulation, open space areas,
and recreational areas. These components of the master plan are part of the limitations, restrictions,
and allowances that are imposed with zoning approval. This is a legislative action, and the master
site plan can be modified to comply to county policies and meet the goals and objectives of the Board
of County Commissioners for development of the property.
Planning Director Hayes reported at the July 1, 1999, Planning Board meeting, no one spoke
in opposition to the zoning or the master site plan. The geographic narrative and specific land uses
were presented to the Planning Board by the applicant and his representatives. Discussion was held
about the proposal and its impacts to the area. Most of the discussion revolved around bike paths,
river access, and additional access on the site, especially to Carolina Beach Road and the nearby Mary
C. Williams Elementary School. Ultimately, the Planning Board recommended approval of the
rezoning request and the master plan with the condition that a road connection be made to the east
of the property to facilitate access to Carolina Beach Road and the elementary school.
Planning Director Hayes reported the site is comprised of 1,409 acres, which was rezoned to
I-2 Heavy Industrial a number of years ago with anticipation of a large manufacturing facility locating
on the site. The plan never materialized. The property is subject to the Special Highway Overlay
District (SHOD) on River Road, which will regulate signage, landscaping, and require additional
setbacks. The Planned Development District is designed to foster the mixing of various land uses for
economy and efficiency resulting in decreasing auto trips. These uses include residential, commercial,
industrial, and professional type offices. In New Hanover County, there are two Planned
Development Districts, NorthChase and Landfall. Based on the master site plan submitted, the
proposal will consist of 3,366 residential housing units constructed on 657 acres representing
approximately 8,750 people. The population is based on the average household size of 2.6 people
in the unincorporated portion of New Hanover County. Only 28 acres are set aside for commercial
areas, which is the property located between the relocated road in the middle of the project next to
the Cape Fear River. A marina is planned along the west bank of the Cape Fear River. There are 494
acres of open space that will not be developed. A golf course is shown on the plan, but no
commitment has been made for the project. In terms of County requirements, it does not matter if
the golf course is built. There are approximately three points of proposed access to the water: one
private, one semi-private, and one public. The public site is located in the northern area of the master
site plan, and it consists of a boat launch and a 5-acre public park. County sewer will serve the area
with two pump stations located on the north end and south side. An accumulative water distribution
system is planned with several wells that will be owned initially by the developer and eventually by
the County. Both water and sewer systems will be required to meet municipal standards. Most of
the main connecting roads will be dedicated for public use; however, the internal roads will probably
be private within individual sections as each phase is completed. There are three phases of the project
beginning in May 2000 with the southern part of the property. The project is to be completed by
2008, which is an aggressive building schedule.
Storm water will be handled with construction of nine (9) or more wet detention/retention
ponds located on the site. These ponds will be designed to accommodate 100 year storm events.
Calculations indicate that approximately 18 acres of ponds will be required, and 30 acres are
proposed on the site plan. The ponds are proposed as amenities contiguous to a golf course or high
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
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density areas.
If the property is fully developed, approximately 21,000 vehicles trips per day can be
expected. This count is based on the ITE “Trip Generation Manual.” The weekday peak-hour traffic
count is estimated at approximately 2,200 additional vehicles, which will be using this section of River
Road. Currently, approximately 3,900 vehicles pass through this segment of River Road based on
1997 traffic counts. The developers are expected to widen and relocate a portion of River Road,
which is the middle component of the road. This section will be relocated inland from its present
location along the shoreline, which will free up additional waterfront for development. Initial
discussion has begun with the N. C. Department of Transportation.
If the property is rezoned, two major impact fees will be required to deal with the fire service
and school service. The fire service fee will be based on the fire service tax rate and the number of
households. The school service fee requires the developer to dedicate the land for a school site or
pay a fee for the equivalent amount of land based on the number of households in the project.
Planning Director Hayes noted that very few parcels in the County are zoned I-2 Heavy
Industrial with availability of sewer to the site. He said with the project being close to
environmentally sensitive areas, such as Motts Creek, Barnards Creek, and the Cape Fear River, land
use impacts pertaining to noise, water pollution, and storm water should be minimized. If the
property is rezoned, special attention needs to be placed on internal street connections into existing
neighborhoods that have platted stubs, and on the east side of the property accessibility should be
provided to Mary C. Williams Elementary School. The initial phasing of the project on the southern
end will accommodate 457 dwelling units in Phase I. The County Engineering Staff and Board of
County Commissioners will have to determine the sewer allocation that can be provided to the project
because the entire project cannot be served by the County Sewer System.
In concluding his remarks, Planning Director Hayes said with the tremendous amount of
industrial property being lost to more residential development, Staff believes that more of the
property should be retained for future industrial use. Up to 30 percent of the Planned Development
could be developed for non-residential purposes. Public access to the River should be a part of the
development recommendations in the Cape Fear River Corridor Plan. With over 15,000 feet of
shoreline, several public access sites should be provided along the Cape Fear River. Staff would
recommend approval of the rezoning request if the conditions stated by the Planning Board and
Planning Staff are incorporated into the master site plan.
Commissioner Davis asked if the concerns of the Planning Staff have been discussed with the
developer.
Planning Director Hayes noted that several meetings have been held with the developer about
the provision of public access points to the Cape Fear River and the need to provide an access to
Carolina Beach Road and Mary C. Williams Elementary School. The developer is aware of the
concerns and some have been addressed.
Commissioner Davis requested Planning Director Hayes to provide more background
information on why the site was rezoned to heavy industrial use.
Planning Director Hayes responded the property was rezoned to an I-2 Heavy Industrial zone
to place a titanium plant on the site; however, this plan did not materialize. The property has remained
as an I-2 zone since that time, and a few inquires have been received about using the site for an
industrial facility.
Commissioner Birzenieks requested Planning Director Hayes to describe the range of uses
permitted under heavy industrial zoning.
Planning Director Hayes responded that heavy industrial zoning allows for the placement of
heavy industrial facilities such as Takeda Chemical, Queensboro Steel Corporation, the CP&L Sutton
Power Plant, metal processing companies, mining companies, and other uses that are not amenable
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
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to nearby residential properties. Under the current I-2 zoning, the River Road site could be used by
right for location of a heavy industrial plant without permission from the Board of County
Commissioners. The only requirements needed would be to obtain the necessary state and federal
permits as well as local building permits for construction of the facility.
Chairman Caster requested Planning Director Hayes to comment on the Cape Fear River
Corridor Plan.
Planning Director Hayes advised that the Cape Fear River Corridor Plan was a combined
effort of the City of Wilmington, New Hanover County, and Brunswick County to determine the
future land use on both sides of the Cape Fear River. This particular section of the River Corridor
calls for the creation of a major public park of approximately 50 acres in the vicinity of Barnards
Creek to address a regional shortfall in recreational space and insure future development of at least
one large parcel for public use and access. This resulted in the idea of relocating the River Road
further inland to create more land for public use next to the river. The Cape River Corridor Plan calls
for residential development to provide an opportunity for a public/private effort to enhance and
improve access to the river.
Commissioner Davis asked Planning Director Hayes if the proposed plan was consistent with
the Land Use Plan.
Planning Director Hayes responded that a Planned Development zoning change was consistent
with the Land Use Plan; however, phasing of the project will be critical to the provision of needed
services.
Chairman Caster commented on no opposition being expressed at the Planning Board
meeting, and he requested all persons speaking to be civil to each other during the presentations.
Chairman Caster asked if the petitioner would like to comment.
Mr. Bill Cameron, Manager of River Road Development and owner of the property, reported
his family has owned the property since 1950. He stated there has been a long-term interest by the
family in how the property should be developed. The proposed plan provides a unique opportunity
for planned growth on a large piece of property in lieu of hodgepodge piecemeal zoning. This plan
is consistent with the Land Use Plan and it will be implemented over a number of years. A great deal
of work and time have been involved in working with the Planning Staff to develop concepts on how
the project should be designed. The Planning Board voted unanimously to accept the master site plan
contingent upon one road connection to the east of the property. Some of the ideas from the Cape
Fear River Corridor Study have been incorporated into the master site plan.
Mr. Cameron informed the Board that over 100 notices were mailed prior to the Planning
Board meeting. No one spoke in opposition to the project at the meeting, and since that date, no one
has contacted the office to discuss concerns about the plan. Last week, the office heard from a group
of concerned citizens and meetings were arranged to meet with this group and another group of
property owners in Echo Farms. Since the beginning of the process, the doors have been opened to
persons concerned or interested in the project.
In concluding his presentation, Mr. Cameron requested the Board to consider whether the
proposed Planned Development zone and master site plan will be better for New Hanover County
than allowing the site to be used for heavy industrial use. He requested the Board to approve the
rezoning request so an excellent plan of development can be placed on the site. He presented a list
of 39 signatures from residents of Echo Farms who are in favor of the proposed plan.
Mr. Dan Weeks, a landscape architect with Haden Stanziale, reported the basis for the
rezoning request stems directly from the Cape Fear River Corridor Study. This specific site has been
recommended for a large scale mixed use development with a potential realignment of River Road.
The Land Classification is Urban Transition, which allows a maximum density of 2.45 units per acre.
The current zoning for the tract is I-2 Heavy Industrial which is defined as follows in the New
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
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Hanover County Zoning Ordinance:
The purpose of this district shall be to provide for uses that would produce excessive
noise, odors, smoke, dust, air borne debris, or any other characteristics which might
be detrimental to the health, safety and welfare of surrounding neighborhoods and/or
communities.
Mr. Weeks said the parcel of land has tremendous opportunities for captivating use of the
river and enhancing the natural environment. A preliminary wetland and COD line has been
delineated for this site. The proposed development parcels will not encroach upon this area. There
is a 54 acre Carolina Power & Light Company parcel on the tract of land that will remain under its
current use. The proposed development is envisioned as an open community with a variety of
residential detached and attached units. The realignment of River Road provides an opportunity to
establish an urban village with a community focal point to engage the river that can be accessed by
pedestrian networks and trails from the development parcels. In addition, a bicycle or pedestrian
route will be planned along River Road, and there will be three access points to the Cape Fear River.
In concluding his presentation, Mr. Weeks advised that the proposed plan is a proactive
approach to providing a means to utilize the site’s potential for responsible and sustainable growth.
This is an ambitious plan that is based on sound practical planning with the flexibility to be buildable
over a period of time.
Commissioner Davis asked Mr. Weeks if a preliminary wetland designation had been
performed.
Mr. Weeks responded that a preliminary wetland delineation and COD line had been
accomplished for the project. This work has not been submitted to the U. S. Army Corps of
Engineers.
Mr. Scott Sullivan, an employee of River Road Development, reported that good planning
considers the future impact of the project on the economy. He advised that a great deal of time had
been spent on preparing a plan that will have a mixture of uses, provide recreational facilities on the
site, public-private water access, and public-private open space. Multiple housing will be provided
in a range beginning with starter homes to high-end gated communities. Mr. Sullivan stated the
planning process had been excellent and the Board should approve the project.
Commissioner Davis requested Mr. Sullivan to address the different phases of construction.
Mr. Sullivan responded that utilities, such as sewer, cannot be provide for the entire project
at one time. The company plans to construct the project over a period of at least 10 years.
Commissioner Davis stated that many citizens are worried about 8,750 people moving in the
development within a short period of time, which is not the case. It will take at least 8 to 10 years
for the phases of the project to be completed. Also, each phase must have the necessary water and
sewer services before permits can be issued for construction.
Commissioner Howell commented on people being concerned about filling in wetlands, and
he requested Mr. Sullivan to comment on this issue.
Mr. Sullivan responded that wetlands have been delineated on the site, and he stated no form
of construction can be placed in these areas.
Commissioner Howell referenced a letter received from a concerned citizen about the project
and he expressed concern for a great deal of misinformation on the facts about housing. For example,
in the letter, this person indicated that 8,000 new houses were for sale in New Hanover County.
After researching the records, he found that 476 new houses were for sale with a total of 2,900 new
and used homes on the market. He emphasized the importance of obtaining the correct figures and
facts when presenting information.
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Commissioner Birzenieks asked if the proposed project will take 15 to 20 years to complete.
Mr. Cameron responded that it will take between 15 to 20 years to complete the project.
Different phases may be started before another phase is completed. The market will determine the
phasing of the project as it develops. A realistic term is 20 years and at this point some of the land
may not be developed. The Board is being requested to adopt a plan, not a project because of the
years involved with completing the overall project.
Commissioner Davis asked Mr. Cameron if many inquires had been received for industrial
development.
Mr. Cameron responded that some inquiries have been received from industry; however, more
inquires have been received from people who want to purchase three to one hundred acres of land.
After studying development of the site for the past five years, the company feels this site should be
developed as a planned development zone.
Commissioner Davis asked Mr. Cameron if the concerns discussed have been reviewed with
the Planning Staff.
Mr. Cameron responded that many meetings have been held with the Planning Staff to address
concerns; however, some ideas have been incorporated in the plan as recommended by the Planning
Staff and other have not been accepted. Positive discussion has occurred with the Planning Staff.
Chairman Caster commented on impact fees of $2,500,000 for schools and $500,000 for the
Fire Service District, and he asked if any consideration had been given to setting aside property for
a school site.
Mr. Cameron responded that a plan was submitted to the Board of Education, and no
response was received. It appears that the Board of Education would rather have the money;
however, a school site can be preserved on the property for a future school. The company is open
to this suggestion.
Chairman Caster asked if anyone from the public would like to comment.
Ms. Ruth Nienhuis, a concerned resident of River Road, apologized for not attending the
Planning Board meeting and stated in the future, the residents of the area will read all public notices.
She advised that a process that began just between neighbors to discuss problems that have not been
resolved, such as traffic and drainage, has now become a loud chorus solidified by a strong conviction
that things need to be done differently. The timing is off. We are skipping steps, and we are getting
the cart in front of the horse. It is time to put the horse back before the cart.
Ms. Nienhuis stated that effective management of our resources is a necessity for the
continued economic and environmental well being of New Hanover County. Unregulated growth is
hurting New Hanover County with the livelihoods of people being impacted, such as the fishing and
crab industry, because of the deterioration of water quality. For effective management, the facts are
needed. As consultants informed the Board during the planning charettes, the primary management
tool is the infrastructure. The residents of River Road are requesting the Board to measure this
project by that yardstick.
Ms. Nienhuis advised that the Land Use Plan provides for obtaining information through study
and analysis. This information should be considered in future development. The proposed project
by its size and location have major negative impacts on the County’s resources. It is imperative to
know now what those impacts will be on our resources. The present quality of life cannot be
sustained if time is not taken to understand how this project or any project of this size will impact the
County’s resources.
Ms. Nienhuis asked where is the comprehensive impact study for this area. The residents of
River Road and persons submitting petitions are opposed to any decision being made in an
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uninformed manner. Consideration should be given to the value of this project, to the community as
a whole, and to the quality of life in New Hanover County. The Cape Fear River Corridor Plan
comments on a regional shortfall in recreational space. The plan proposes to expand recreational uses
and opportunities at the river’s edge and stresses the importance of reserving a significant portion of
riverfront land for use as a park. The idea of the River Plan is to capitalize on the river as a quality
of life asset for this region so that every citizen of New Hanover County will have an opportunity to
use the riverfront. The proposed project does not relieve the shortfall, nor does it embrace the river
as a quality of life asset for all residents. Instead, it compounds the problem by adding gradually over
time another 8,700 residents to the immediate area increasing the need for river access. It is not
believed that the full spirit and intent of the River Corridor Plan is being addressed in this project.
It must be asked why are the recommendations in the River Corridor Plan not being implemented for
the common good. Why should the residents of the County pay for the negative aspects of the
project, which in part will not be open to the public.
Ms. Nienhuis requested the Board to consider the most appropriate use for the land, and she
asked what attempts have been made by New Hanover County to work with stakeholders in acquiring
land for a large public park. Also, the issue of the Special Highway Overlay District (SHOD) should
be addressed. The applicant has requested the Board to remove SHOD regulations from the project.
In 1986, the Board of County Commissioners adopted SHOD for the purpose of protecting the
natural beauty and scenic vistas of designated roadways. River Road has been designated as a SHOD
corridor. To remove the SHOD would reverse this policy as well as other regulations. At the
meeting held with representatives from River Road Properties, they were unable to provide concrete
covenants or guidelines to address specific setbacks and buffer requirements. Nothing concrete was
offered to support the removal of the SHOD. Removal of the SHOD will leave no protection on this
section of River Road and no restrictions on the developer to preserve the Overlay District, not even
in the commercial areas. The natural woodlands and open spaces have been preserved on River
Road, and the residents would like to see this unique character saved for future generations. One
policy in the Land Use Plan is to protect, preserve, and augment our natural resources.
Ms. Nienhuis expressed appreciation to the Board for allowing her to make the presentation.
Commissioner Davis asked Ms. Nienhuis how development of the site for industrial use could
improve the quality of life.
Ms. Nienhuis responded if the Board is going to consider industrial development, an impact
study should be performed to obtain the facts about how the project will impact the environment.
Commissioner Davis stressed the importance of everyone understanding that under the present
zoning, the property owner does not have to perform any type of impact study or obtain approval
from the Board of County Commissioners. Any commercial use permitted under the I-2 Heavy
Industrial classification can be placed on the site. He said if he lived on River Road, he would prefer
the site to rezoned to R-15 Residential.
Ms. Nienhuis responded that public polices are in place regarding industrial development
impacts near residential areas, which would have some restraints on the type of use that could be
placed on the site.
Planning Director Hayes explained that under I-2 Zoning, any development on this site would
be required to comply to COD regulations, drainage requirements, and state and federal
environmental laws. The Board of County Commissioners would not have an opportunity to approve
or deny the development on the site.
Ms. Nienhuis referenced Land Use Policy 3.4-112, which states that any new industrial
activity shall be located within industrial corridors and shall not be permitted to harm the property
values of established residential areas.
Commissioner Howell commented on the land being zoned for industrial use, and he stated
it was difficult to believe that the residents living on River Road do not feel that the proposed master
site plan would be a more appropriate use for the land.
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Ms. Nienhuis stressed the importance of the Board understanding that the residents are not
requesting the Board to deny the change, but the residents are requesting the Board to take time to
evaluate the impacts of the project on the infrastructure and quality of life in New Hanover County
before rendering a decision.
Mr. Bob Johnson, a resident of Shipwatch Village, requested the Board to consider if the
needs of the people in New Hanover County will be served by constructing 3,366 housing units. He
noted that recently on WAAV Radio he heard Dr. Claude Ferrell, a Professor at the UNCW Business
School, report that New Hanover County is significantly over built. After contacting Dr. Ferrell, he
provided the following statistics:
1.Today there is an excess supply of houses in New Hanover County. An excess of supply over
demand is estimated to be in the 5,000-6,000 range. Also, there are more than 2,300 homes
under construction.
2.Some of the building contractors, who know Dr. Ferrell personally, have informed him they
are getting out of the contracting business because they feel the demand is gone.
3.The housing demand in New Hanover County for the future will not be nearly as strong as
in the past.
4.The inward migration has slowed significantly due to infrastructure problems.
Mr. Johnson advised that after discussing the excessive amount of housing, he discussed this
issue with Mr. Danny Brock, President of the Board of Realtors, who agrees with Dr. Ferrell about
the housing boom. Mr. Brock made the following statements:
1.Today there are 700 more homes on the market in New Hanover County than one year ago.
2.Sellers are cutting prices substantially in order to move their homes.
3.Today the supply of apartments is 18 months ahead of demand. It was noted that if the rental
market is in a surplus position, the area is headed for a recession in home sales.
4.Mr. Brock feels that New Hanover County is headed for a recession in home sales in the near
future.
Mr. Johnson presented the following figures from the New Hanover County Planning
Department dated March 1999:
1.Fewer homes were constructed in New Hanover County in 1998 than in 1993.
2.The value of new residential construction in the unincorporated part of the county was lower
in 1998 than in 1994 or 1995.
3.In the unincorporated part of New Hanover County, a total of 7,328 lots were approved for
development in the years 1996-1998 of which only 1,920 lots have been recorded for actual
development. This leaves more than 5,400 approved lots that have not been developed.
In concluding his presentation, Mr. Johnson advised there is a large surplus of homes on the
market as well as a number of approved building sites that have not been developed, and the
population increase has substantially declined. The initial findings indicate that this project is in the
wrong place at the wrong time. He informed the Board when the remaining presentations are made,
the Board will want to continue this public hearing for further study.
Ms. Jane Kopczynsky, a resident of Ocean Forest Lakes, reported the impact of a Planned
Development project is increased traffic, traffic congestion, and accompanying safety hazards that
will be produced by the development. Mr. Bill Austin, the Area Transportation Planner, reports there
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are 5,735 trips per day on River Road as of April 1998. The City calculated trips per day at 6 to 9
per unit. If you multiply 7.5 trips per day times 3,366 units, the number of trips per day is 30,485
representing a 500% increase over the present use. This increase will negatively impact a small two
lane road that is only 20 feet in width. This road serves as a major area collector road that does not
meet the DOT standard of 22 feet for a local residential road. The Planning Board’s recommendation
reads as follows:
Special attention needs to be placed on internal road connections. Several easterly
connections are available with one providing access to the elementary school.
Ms. Kopczynsky noted that Mary C. Williams Elementary has many young children who walk
to school without sidewalks. The increased traffic of the proposed development will jeopardize the
safety and welfare of these children. Traffic impact considerations are important in the public zoning
decision process, because North Carolina General Statutes require that development should provide
“less traffic congestion and insure effective traffic patterns.” This master site plan does not have the
details needed for the public to ascertain whether or not it will violate the intent and purpose of such
legal and public protection considerations.
Ms. Kopczynsky advised that another area of concern is the impact of this development on
an already overburdened school system. After contacting Dr. John Morris and Ms. Diane Avery, it
was confirmed that schools cannot be built fast enough to accommodate the growth that has and is
occurring in our county. The Pilot’s Ridge school is an option for students in the River Road area,
and the elementary school in Pilot’s Ridge is planned, but not financed. Another bond issue will have
to be passed by the voters before construction can begin on the elementary school. No information
has been presented to show that overcrowded schools can absorb the additional unplanned growth
in that area without sacrificing the quality of education. Mobile units will have to be used at existing
schools at a cost of $35,000 each to provide enough classrooms for new students from the proposed
development. With 3,366 new housing units, approximately 2,900 new students will be attending
area schools. This will place a tremendous burden on the school system and taxpayers who have to
pay the bill.
In closing, Ms. Kopczynsky said the density and timing of the proposed development are not
coordinated with the provision of needed urban services. She urged the Board to continue the public
hearing until further studies are completed to ascertain the full impact of the master site plan on the
citizens of New Hanover County.
Commissioner Birzenieks spoke on being confused and said the statements made by Mr.
Johnson regarding the excessive number of new homes on the market is diametrically opposed to the
comments made by Ms. Kopczynsky who is concerned about the new units being filled and increasing
the number of students because of the development. He requested Ms. Kopczynsky to comment on
these statements.
Ms. Kopczynsky explained that Mr. Johnson was documenting the fact that development is
currently in a declining state; however, her remarks were referencing what has already occurred,
which is that schools are being filled as fast as they are built. There are 300 new students attending
New Hanover County schools this year and the demand for classrooms cannot be met. With a
development of this size, the infrastructure is not in place to accommodate increased traffic and
needed classrooms.
Chairman Caster informed Ms. Kopczynsky that the Pilot’s Ridge Project has been renamed
to Veterans Park. He noted that the new high school and middle school were funded in the
$125,000,000 bond issue and stated the elementary school is not funded.
Mr. Ira Lowe, a resident of East Bank Landing, reported in addition to the items mentioned,
there are several other issues that can seriously impact the natural resource base in New Hanover
County. Specifically, the source of potable water and the storm water management plan. The plan
for the proposed development is to employ groundwater utilizing wells to supply all water needs for
3,400 homes plus fire protection. The 3,400 homes will be in phases, but the water needs will be
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
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significant. To provide water for 3,400 homes with irrigation and fire protection will require
approximately 1,000,000 gallons per day. The primary groundwater resource in this County is the
Castle Hayne Aquifer with the Pee Dee Aquifer underneath this aquifer. According to the N. C.
Department of Environmental Resources, Division of Water Resources, the water table in the Castle
Hayne Aquifer is consistently dropping and salt water intrusion has developed at Carolina Beach and
Kure Beach. There is a monitoring well supervised by the U. S. Geological Survey designated as NC-
20 Hodder located in Wilmington. The data collected shows that water table levels are dropping at
least one foot per year, and the levels reported during the summer of 1998 and on February 3, 1999,
confirm this data. All levels are consistently trending lower at increasing rates. It should be noted
that dropping water table levels invite intrusions from unknown and potentially harmful sources, such
as salt and brackish water or contaminated streams. Currently, there is serious problem regarding
water usage from wells in 15 counties, known as the central coastal plain, which includes Onslow
County. The N. C. Legislature created the Water Use Act of 1967, which is now being applied to
the 15 counties. These counties have so seriously depleted the aquifers, they have been declared a
capacity-use area, which imposes severe water use restrictions. New withdrawal of only 100,000
gallons per day will not be permitted if it is deemed to adversely impact water resources. Water use
permits must be obtained from the Division of Water Resources for this region. All permitting is
based upon a 10-year water management plan, and diligent scrutiny is exercised. The cost to resolve
this problem in the 15 counties is in excess of $5,000,000, which is impacting local government and
state funds. Since the aquifers supplying water to the 15 counties have been so depleted, the present
intention is to tap into the Castle Hayne Aquifer. The Castle Hayne Aquifer is the primary aquifer
for New Hanover County, and it is presently lowering its water table. This aquifer will be the only
source of water for the River Road development with a demand of 1,000,000 gallons per day. If a
Planned Development with 3,400 units is approved, there will be a serious long-term impact on the
water supply. Prior to a zoning change and under the N. C. Water Use Act, the Board is urged to
engage in an investigation of the Castle Hayne Aquifer with a responsible agency, such as the N. C.
Environmental Commission, Department of City Planning, Chapel Hill, North Carolina, Attention:
Dr. David Moreau. The Board is also urged to seek the services of a qualified hydrologists to
determine the impact on existing and surrounding facilities in order to ascertain the impact on water
quality due to the lowering of the water table and potential intrusion. These recommendations should
be considered prior to Board action on the proposed project.
Mr. Lowe reported with regard to storm water management, the developer proposes to utilize
9 retention basins covering 30 acres to contain storm water runoff. Six of the basins are within close
proximity to the Cape Fear River and three are at elevations of 40 to 50 feet higher than the Cape
Fear River. These basins will collect silt, sand, dissolved solids, heavy metals, insecticides, road dirt,
and road runoff. The dissolved solids can percolate through the basins into Motts Creek, Barnards
Creek, the Cape Fear River and possibly into the Castle Hayne Aquifer seriously impacting the water
quality. With evaluated basins of 40 to 50 feet, along with the proximity to the river, these basins
can overflow and head into the river. Another issue to consider is who will be responsible for
maintaining and cleaning out 30 acres of basins in the future. It should be noted that on October 29,
1999, Phase II of the Federal Clean Water Act will be in effect and it will encompass municipalities
and developments of 5 acres or more with regard to storm water pollution. The EPA will be the
enforcement agency.
Mr. Lowe urged the Board to prepare an impact statement to address the potential
contamination of the Cape Fear River, the Castle Hayne Aquifer, and areas surrounding the
development prior to any action by the Board on the proposed request.
In concluding his presentation, Mr. Lowe read the following paragraphs that have been
adopted by the Board of County Commissioners:
Wilmington-New Hanover County Land Use Plan 1993 Update, Potable Water Supply
1.
Policy:
Sources of potable surface and groundwater for the City and County shall be
conserved and protected. The Castle Hayne Aquifer shall be preserved in its present
unpolluted state as the primary groundwater resource in New Hanover County.
The New Comprehensive 1999 Land Use Plan Draft, Resource Protection and
2.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 412
Management:
We must seek to secure the continued sustainable development of the area’s
natural resources through responsible management, which avoids short-sighted or premature
commitments, and fulfills our community’s needs without permanent impairment to the
resource base.
Mr. Lowe requested the Board to act on the polices adopted by the members of the Board.
Mr. Jim Ragone, a concerned resident of River Road, reported on the negative impact of the
proposed project on River Road, the Cape Fear River, schools, water, traffic, police protection, fire
protection, and surrounding areas. He requested the Board to consider rezoning the property to O-I
Office and Institution, which will not impact schools, water, traffic, and other items. This type of
zoning would create employment in the southern part of the County, decrease the amount of traffic
on the highways, and allow people coming into the area to purchase the excessive number of homes
on the market.
Mr. Ragone requested the Board to continue the hearing and consider rezoning the property
to an Office and Institution, which would be better for the people in the community.
Ms. Sally Meserole presented the figures from the June 10, 1999 multiple listing and reported
under available inventory, it was noted that 3,489 residential homes were available for sale. She
advised that she lives in Forest Hills, but she is concerned about River Road because it is a high
priority road for bicycle use. She said as a member of the Bicycle Advisory Committee, this road is
recognized as a State and National bike route for recreation and transportation. She requested the
Board to take time to study the impact of this project on River Road so this road can be maintained
in its natural state.
Mr. Bob Johnson said the residents of River Road are concerned about the proposed project
being understudied as to its full impact on the area, and the facts do not show a compelling need to
rezone the property at this time. The Board was requested to continue this item, as done in the South
17th Street Land Use Plan, that allowed direct involvement of representatives from neighborhood
groups, outside experts together with County and City officials to study the impact on County
services and the environment as well as viable alternatives for use of the property. He said together
as a community team, a plan can be created to benefit the entire County.
Ms. Lynn Denne’, a resident of Carolina Beach, requested the Board not to relocate River
Road because it is enjoyed by many citizens living in the community. She noted that taxpayers have
paid for new bridges and resurfacing of the road and she stated this road should be preserved so
children can enjoy it in the future. She advised that the Camerons were the people who rezoned the
property to I-2 Heavy Industrial, and it should not be rezoned again at the cost of the taxpayers. She
presented a petition with 67 signatures.
Mr. Johnnie N. Henagen, President of the Council of Neighborhood Associations, reported
this project was reviewed by the Council and a resolution was adopted with the following requests:
1.Remand the proposal to the Planning Board and direct the Planning Board to initiate a
process to encourage the full involvement of all adjacent neighborhoods that will be impacted
by the development with the objective of deriving a conceptual development scheme that
eases uncertainties and satisfies the owner, developer, and public.
2.Conduct full evaluations of the cumulative impacts of the proposal upon the County’s
infrastructure, such as schools, transportation, wastewater treatment, groundwater depletion,
and open and recreational space with the objective of providing a schedule of marginal public
capital, operational costs, and offsetting revenues derived from the proposed development.
3.Demonstrate the compatibility of the proposal with the completed Cape Fear River Corridor
Study, the proposed Transportation Plan, and the proposed Land Use Component of the
Comprehensive plan.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 413
4.Move forward toward the creation of an open space plan to address public policies for the use
of the shoreline of the Cape Fear River for aesthetics and public recreation.
In closing, Mr. Henagan offered the services of the Council of Neighborhood Associations
in facilitating the actions requested.
Vice-Chairman Greer asked Mr. Henagan how many people attended the meeting when the
resolution was adopted.
Mr. Henagan responded that 34 communities are represented by the Council of
Neighborhood Association and stated that approximately 32 to 36 people attended the meeting.
Mr. Dwight Waser, President of the Echo Farms Homeowners Association, commented on
the I-2 Zoning on the site and stated this zoning has been a threat to the property owners for years.
He informed the Board that 30 property owners met with representatives from River Road
Development, and they were pleased with the plan for residential development.
Ms. Nancy Cross, a resident of Echo Farms, commented on being close to the proposed
development, and she presented a petition of homeowners who do not want the location of a
industrial facility in their backyards. She urged the Board to approve the proposed project so the
threat of junk yards, landfills, and heavy industrial uses cannot be placed on this site.
Mr. Jack Brisson, a property owner in Echo Farms, spoke in favor of the proposed project
and stated that industrial facilities require use of water, increased traffic, and would also be
detrimental to the quality of water.
Mr. Jewell Anast, a resident of Arrowhead, expressed concern for the cut-through coming
through the neighborhood.
Mr. Paul Cowan, a resident of Dolphin Bay, advised that he traveled River Road daily and
stated if he lived near the project, he would be concerned about it being zoned I-2 Heavy Industrial.
He encouraged the Board to rezone the property either residential or office and institution.
Mr. Harper Peterson, a City Councilman and a member of the Transportation Advisory
Committee (TAC), advised that TAC adopted the Long-Range Transportation Plan over a period of
25 years that will cost over $3.1 billion with only $1.7 billion identified to fund the projects; therefore,
any additional rezoning and road impact must be examined and questioned. Also, after participating
with the Cameron family when updating the 17th Street Extension Land Use Plan, the study involved
a year with involvement from every neighborhood that would be impacted by the plan. It was a good
process, and a consensus was reached that created a plan to satisfy all concerned groups with respect
to commercial development, protection of existing neighborhoods, and environmental protection.
.
In concluding his remarks, Councilman Peterson suggested following the process used for the
17th Street Extension Land Use Plan and create a study commission. The Cameron Company is a
patient responsible developer who will work with a group. He also requested the Board to involve
the City elected officials and City Planning representatives to serve on a study commission, if this
decision is made.
Chairman Caster requested Mr. Cameron to explain the plans for providing water to the
proposed development.
Mr. Cameron responded that detailed plans for water have not been developed because the
company is not sure that residential development will be approved. The concept will be to install
wells and tie into an elevated storage tank to be constructed by other developers who will be using
water from the wells to supply water for the tank. The water system will have to be designed to
municipal standards and the State will have to approve and permit the system. These studies have
not been performed because it would be premature at this time. This project will require a number
of years to complete, and the service needs will have to be met before each phase can be developed.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 414
The water system will be built and paid for by River Development Properties; however, the system
will eventually be owned by New Hanover County.
Chairman Caster requested Mr. Cameron to explain who will pay for the road to be relocated.
Mr. Cameron responded that the developer will be required to pay for any road improvements
pursuant to approval by the N. C. Department of Transportation (NCDOT) and the County
Engineering Department. Once the improvements have been made, the relocated road, comprised
of 7,600 linear feet, will be dedicated to the NCDOT.
Chairman Caster commented on the bike path and asked if strips would be placed on this
section of the road.
Mr. Cameron responded the company has proposed a 100 foot right-of-way to provide walk
ways and bike paths. These projects will have to comply to NCDOT standards.
Further discussion was held on removing SHOD regulations. Mr. Cameron explained that
SHOD regulations were placed on the property to protect the corridor because of the industrial zone.
He said that SHOD regulations do not apply to residential uses. The areas of commercial use in the
site plan are very small, and it not felt that SHOD regulations are necessary. If SHOD regulations
are imposed, there will be parking between the buildings and River Road. Without the SHOD, other
alternatives can be developed to place the parking away from the highway.
Commissioner Davis requested Mr. Cameron to address the idea of continuing the item so a
group of interested parties can form a committee to study the potential impacts of the project to the
area.
Mr. Cameron responded that many of the concerns expressed by the opposition are not
applicable to the plan. He said that meetings with a group would not produce a better plan for the
site. The company will remain open to discussing issues of concern as the phases are developed;
however, months have been spent with the Planning Staff in complying to the requirements of the
Zoning Ordinance. At the Planning Board meeting no opposition was present; therefore, it would
not be fair to delay the project.
Vice-Chairman Greer commented on the Board being faced with many zoning issues that have
created concerns for everyone involved in the process, and he said because of tremendous growth,
the Board is required to update the Land Use Plan with involvement of the community. The Cape
Fear River Corridor Study has been performed to protect the river in the future. Many neighborhood
groups have expressed concern for small residential and commercial uses being scattered throughout
the county. He said the proposed plan will allow for development of a community with needed
services provided within the site through the use of connecting internal roads and bike paths to
prevent residents from having to drive to other areas. He stated that every member of the Board is
concerned about water quality and studies have been performed that show New Hanover County has
an aquifer with enough water for the future.
In concluding his remarks, Vice-Chairman Greer advised that when he saw the plan, he felt
this was an excellent alternative to eliminating a heavy industrial zone with replacement of a
residential development. The plan requires the developer to provide for park space and spend money
for schools and fire service. In most developments, these expenditures are not required. He noted
that eventually something will be placed on the site. The question to answer is whether it is better
to see a plan for development in lieu of having no control over an industrial facility being placed on
the site.
Ms. Nienhuis expressed concern for the Board missing the point. She said the residents are
not against planned development, but they are concerned about the infrastructure being in place
before approving a development of this size. The major issue is protecting the Castle Hayne Aquifer,
which is the primary source of water for New Hanover County. Documentation has been presented
to show what has happened to 15 counties. The water table level in the Castle Hayne Aquifer is
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 415
declining one foot per year. She urged the Board to take time to study the impact of this project on
the aquifer.
Mr. Lowe reported that information provided by the N. C. Department of Natural Resources
is correct. As stated by Ms. Nienhuis, the water table is dropping one foot per year in the Castle
Hayne Aquifer. He urged the Board to study how much water can be removed from the ground
without permanently impacting the aquifer.
Chairman Caster advised that a study performed a few years ago indicated there was an ample
water supply in New Hanover County. These studies were performed by qualified engineering firms.
He said the County is in the process of developing a wellfield in the northern end of the county based
upon these studies; however, after serving on the Lower Cape Fear Water and Sewer Authority, he
does not want the Castle Hayne Aquifer to be depleted as done in the 15 counties previously
referenced. He commented on being concerned about water and sewer being supplied to the
proposed project, and he requested Mr. Cameron to address this issue.
Mr. Cameron responded the City may annex the area and the development would be
connected to the City Water and Sewer System. However, during the interim, the developer cannot
build another phase of the project unless the County has sewer capacity. With the installation of
wells, there will be an adequate supply of water to start up the first phases of the project. He
emphasized the importance of everyone understanding that no section of the project can be developed
without adequate water and sewer services.
Ms. Nienhuis again requested the Board to continue the item until a thorough study has been
made to obtain the facts on the impact of the project on environmental issues. Once the facts have
been determined, the rezoning can be resumed and discussed. The issue is not the project, the size
of the project, or a planned development, but how it will impact the Castle Hayne Aquifer.
A lengthy discussion followed on whether a golf course would be placed on the site. Mr.
Cameron said a final decision had not been made on whether the golf course will be constructed;
however, if a golf course is developed, water from the retention ponds will be used to provide water
for irrigating the golf course.
Commissioner Birzenieks requested the County Attorney to explain the legal implications of
changing the zoning to Office and Institution.
County Attorney Copley advised that the petitioner has requested planned development;
therefore, the Board should decide on this request; however, if the petitioner volunteers to consider
Office and Institution, the item will have to be continued and remanded to the Planning Board.
Commissioner Caster again expressed concern for the provision of water to the site.
Mr. Cameron responded that this site was no different from any other site. The plan will be
developed over a number of years and each phase cannot be approved without the necessary water
and sewer services.
Mr. Stanley Kopczynsky expressed concern for the impact to wells in the area if the
development draws water from two or three large wells. He requested the Board to take time to
study the impact of the proposed plan on the water supply of the county.
Ms. Joyce Fernando, a resident of Echo Farms, requested the Board to approve the proposed
plan, because the residents do not want the site to remain an industrial zone, which is far more
potentially dangerous than residential development.
Mr. Tom Trovato, a resident of Sunset Park, requested the Board to continue the public
hearing to address the concerns expressed so a plan can be created that will satisfy all parties
involved. He asked why time was such a factor when the property has been owned by the Cameron
family for more than 40 years with no activity on the site.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 416
Commissioner Davis requested Ms. Nienhuis to list the concerns of the residents.
Ms. Nienhuis responded that potable drinking water, drainage, traffic, schools, fire, and police
services were of concern to the residents.
Commissioner Howell asked Ms. Nienhuis if she wanted a moratorium on building.
Ms. Nienhuis responded the residents want the Board of County Commissioners to use
foresight when approving projects to see the impact of development on water quality, schools,
drainage, traffic, and other infrastructure needs that cost millions of dollars to the taxpayers.
Commissioner Howell stated that he could not understand why the residents are opposed to
a plan that will rezone a site from industrial use to residential use.
Chairman Caster asked Mr. Cameron to suggest what can be done to satisfy his concern about
the water issue.
Mr. Cameron said that water and sewer needs must be met before each phase is developed.
Without the needed services, the necessary building permits cannot be obtained.
Mr. Lowe requested the Board to hire a firm to initiate an investigation of the Castle Hayne
Aquifer to see why the water table is dropping one foot per year.
Chairman Caster closed the Public Hearing.
Motion:
Commissioner Caster MOVED to delay the project for one month to see if the water issue
can be addressed by the developer. The MOTION WAS SECONDED by Commissioner Davis
contingent upon Staff addressing potable water, drainage, traffic, schools, sewer, and fire and police
services with these items being presented to the Board on September 7, 1999. Upon vote, the
MOTION FAILED by the following vote:
Voting Aye:Commissioner Davis
Chairman Caster
Voting Nay:Commissioner Birzenieks
Commissioner Howell
Vice-Chairman Greer
Assistant County Manager Dave Weaver reported that New Hanover County performed a
groundwater study for the entire county three years ago, and it was found that enough groundwater
was available to serve the county for years to come. In a large development of this type, a qualified
groundwater hydrologists should be hired to determine the depth and spacing of the wells. If this
process is used, there should be no impact on the water supply in surrounding areas.
Motion:
Commissioner Howell MOVED to rezone the property from I-2 Heavy Industrial to PD
Planned Unit Development. The MOTION WAS SECONDED by Vice-Chairman Greer contingent
upon including the addition of bike lanes and/or pedestrian paths along River Road; combining open
space for development of a large park facility; the choice of the developer donating school property
or paying fees in lieu thereof; and the provision of a road connection on the east side of the property
to Carolina Beach Road and Mary C. Williams Elementary School. The MOTION CARRIED by the
following vote:
Voting Aye: Commissioner Birzenieks
Commissioner Howell
Vice-Chairman Greer
Voting Nay:Commissioner Davis
Chairman Caster
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, AUGUST 2, 1999PAGE 417
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREAS NO. 4 AND NO. 9B OF NEW HANOVER COUNTY,
NORTH CAROLINA, ADOPTED APRIL 7, 1971 AND JULY 1, 1972 is hereby incorporated into
the minutes and is contained in Zoning Book I, Section 4, Page 56 and Zoning Book II, Section 9B,
Page 87.
ADJOURNMENT
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Davis to adjourn.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 2:15 p.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board