2006-05-01 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 1,2006
BOOK 30
PAGE 578
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, May 1, 2006, at
5:30 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington,
North Carolina.
Members present were: Chairman Robert G. Greer; Vice-Chairman William A. Caster; Commissioner Ted
Davis, Jr.; Commissioner William A. Kopp, Jf.; Commissioner Nancy H. Pritchett; County Manager Bruce T. Shell;
County Attorney Wanda M. Copley and Clerk to the Board Sheila L. Schult.
Chairman Greer called the meeting to order and welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Tom Harcus, Pastor of Crossway Chapel of Wilmington, gave the invocation.
Vice-Chairman Caster led the audience in the Pledge of Allegiance to the Flag.
Chairman Greer reported that Andre' Mallette has been appointed to the position of Assistant County
Manager continuing to oversee the Human Resources Department, with the addition of the Information Technology
Department, Public Information Department, Public Safety Communications Center and Emergency Management
Department.
On behalf of the Board, Chairman Greer wished Assistant County Manager Mallette success in his new
role.
APPROVAL OF CONSENT AGENDA
Chairman Greer asked if any member of the Board would like to remove an item from the Consent Agenda.
Hearing none, Chairman Greer requested a motion from the Board to approve the items on the Consent
Agenda as presented.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the items on the
Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSL Y.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the Regular meeting and Board of Equalization and Review
meeting held on April 18, 2006, as presented by the Clerk to the Board.
Adoption of Resolution Requesting NCDOT to Add Linden Ridge Road, Delham Court, Breeland Court,
Talamore Court, Alder Ridge Road, Heddingham Lane and Pleasant Dale Drive in the Linden Ridge
Subdivision to the State Highway System
The Commissioners adopted a resolution requesting NCDOT to add Linden Ridge Road, Delham Court,
Breeland Court, Talamore Court, Alder Ridge Road, Heddingham Lane and Pleasant Dale Drive in the Linden
Ridge Subdivision (Division File No.: 1082-N) to the State Highway System.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXX, Page 2.1.
Acceptance of Report from New Hanover County Schools
The Commissioners accepted the report of the New Hanover County Schools that was approved by the
Board of Education on April 3, 2006. The budget amendment reduces the Board of Education bond carry-over from
FY 04-05 to FY 05-06 in the amount of $24,687, and transfers bond funds between Hoggard High School and
Roland-Grise Middle School roof replacement projects in the amount of $100,000.
Approval of Recommendations from the Juvenile Crime Prevention Council for Department of Juvenile
Justice and Delinquency Prevention Funds
The Commissioners approved the recommendations from the Juvenile Crime Prevention Council for
Department of Juvenile Justice and Delinquency Prevention Funds for the fiscal year beginning July 1, 2006 through
June 30, 2007. Recommended amounts are:
Juvenile Day Treatment Center
Teen Court
Psychological Services (SEMH)
Administration
$203,045
$ 35,594
$202,486
$ 5,500
Acceptance of EEOC Contract Amendment/Extension Funds - Human Relations Department
The Commissioners accepted EEOC contract amendment/extension funds in the amount of $29,820,
authorized the County Manager to sign the grant document and approved the associated budget amendment #06-
0178. No County match is required.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 1,2006
BOOK 30
PAGE 579
Budget Amendment # 06-0178 - Human Relations
Adiustment
Debit
Credit
EEOC Grant
Contract Services
Travel and Training
$29,820
$28,620
$ 1,200
Authorization to Submit a Grant Application to the Gates Foundation and North Carolina State Library-
Library
The Commissioners authorized the Library to submit a "Gates Staying Connected" grant application to the
Gates Foundation and North Carolina State Library in the amount of $10,081. If awarded, the funds will be used to
replace the public access computers at the law library, Carolina Beach Library, Main Library, and one laptop for
support of public access computers. No County match is required.
Approval of Budget Amendments
The Commissioners approved the following budget amendments:
Budget Amendment # 06-0163 - Juvenile Day Treatment Center/GCC
Adiustment
Debit
Credit
Governor's Crime Commission
Salaries and Wages
Social Security Taxes
Retirement - Local Government
Medical Insurance Expense
Long Term Disability
$20,351
$15,945
$ 375
$ 720
$ 3,261
$ 50
Explanation: To adjust budget showing decrease in Governor's Crime Commission grant funding; the decrease is
due to an employee not beginning until mid-year.
Budget Amendment # 06-0181 - Department of Social Services
Adiustment
Debit
Credit
LINKS:
LINKS
Trust Funds
$30,000
$30,000
Explanation: To budget additional Federal dollars to assist teenagers to become independent.
REGULAR AGENDA
ADOPTION OF PROCLAMATION DECLARING MAY 2006 AS FOSTER CARE MONTH IN NEW
HANOVER COUNTY
Chairman Greer reported that the Board is being requested to adopt the proclamation declaring May 2006,
as Foster Care Month in New Hanover County.
Vice-Chairman Caster read the proclamation into the record.
Chairman Greer requested a motion for approval.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation
declaring May 2006, as Foster Care Month in New Hanover County. 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
XXX, Page 2.2.
ADOPTION OF PROCLAMATION DECLARING MAY 2006 AS MENTAL HEALTH AWARENESS
MONTH IN NEW HANOVER COUNTY
Chairman Greer reported that the Board is being requested to adopt the proclamation declaring the month
of May 2006, as Mental Health Awareness Month in New Hanover County.
Commissioner Pritchett read the proclamation into the record and requested a motion for adoption.
Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to adopt the proclamation
declaring May 2006, as Mental Health Awareness Month in New Hanover County. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 1,2006
BOOK 30
PAGE 580
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXX, Page 2.3.
ADOPTION OF PROCLAMATION DECLARING THE MONTH OF MAY 2006 AS BICYCLE
AWARENESS MONTH IN NEW HANOVER COUNTY
Chairman Greer reported that the Board is being requested to adopt the proclamation declaring the month
of May 2006, as Bicycle Awareness Month in New Hanover County.
Vice-Chairman Caster read the proclamation into the record and requested a motion for adoption.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to adopt the proclamation
declaring May 2006, as Bicycle Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXX, Page 2.4.
PRESENTATION BY DISTRICT ATTORNEY BEN DAVID ON THE COMPUTERCOP PROGRAM
District Attorney Ben David presented an overview of the ComputerCOP Program. ComputerCOP is an
internet monitoring software program to regulate a child's safety while surfing or using the Internet. The program
scans for potentially offensive images or keywords relating to drugs, pornography, violence, hate crimes and
gambling and can be used to alert parents of potential internet predators. Through a collaborative effort between the
District Attorney's office, New Hanover County Sheriff's Office and the Wilmington Police Department, funds have
been raised to purchase over 2500 copies. The software program will be distributed by these organizations to
different community groups such as PTA's.
This program is a proactive step in protecting the children of New Hanover County from Internet predators
and he expressed his appreciation to New Hanover County for its participation in the program.
On behalf of the Board, Chairman Greer thanked District Attorney David.
PRESENTATION OF PROJECT "HANDS ON WILMINGTON"
Commissioner Pritchett reported that the first "Hands on Wilmington" project held on Saturday, April 22,
2006 was a success. The event was sponsored by the Chamber of Commerce and supported by a host of community
organizations and volunteers. Commissioner Pritchett participated with over a hundred other volunteers in a tree
planting event at Veterans Park but other projects around the County included painting, landscaping and repairs. A
ceremony was held at the end of the day at Legion Stadium.
APPROVAL OF INTERLOCAL AGREEMENT WITH THE CITY OF WILMINGTON REGARDING
THE PARKS AND GREEN SPACE BOND REFERENDUM
County Manager Bruce Shell reported that the Board is being requested to approve an Interlocal Agreement
with the City of Wilmington for the Parks Bond Referendum, if approved by the voters on May 2, 2006. The
Interlocal Agreement will govern how the County and the City of Wilmington will manage the Parks Bond money
with regard to such issues as payment of debt service.
The Interlocal Agreement outlines the following:
. $35.5 million bond issue - County pays $18.05 million, City pays $17.45 million.
. The County will issue the debt. The City will pay the County the City portion of debt service 49.15% of
issuance; the County portion of debt service is 50.85%.
. The City will manage $21.1 million of issuance seeking draw requests from the County during the
purchase/construction period.
. The City shall be responsible for maintenance of the City projects and joint projects.
. The City shall own such property with joint City/County signage.
. The County shall own the County projects.
. Projects include $13.8 million County, $13.6 million City, $7.5 million joint County/City, and $.6 million
for beach communities.
Chairman Greer requested direction from the Board.
Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the Interlocal
Agreement with the City of Wilmington for the Parks Bond Referendum governing how the County and the City of
Wilmington will manage the Parks Bond money, with regard to such issues as payment of debt service, if approved
by voters on May 2, 2006. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER REVISIONS TO THE NEW HANOVER COUNTY CODE
PERTAINING TO ANIMALS AND FOWLS
Chairman Greer opened the Public Hearing and requested Animal Control Services Manager Dr. Jean
McNeil to make the staff presentation.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 1,2006
BOOK 30
PAGE 581
Dr. McNeil reported that the Board is being requested to consider revisions to the New Hanover County
Code, Section Five: Animals & Fowl. Modifications and/or additions to the Code are necessary to enhance the
overall effectiveness of staff in ensuring the care and safety of animals and residents. The revisions have been
reviewed and approved by legal staff, the Animal Control Advisory Board, the New Hanover County Board of
Health Executive Committee and the full Board of Health.
Dr. McNeil reported that the definition of 'Severe Injury' is proposed to be changed from $100 in medical
treatment to $250. Almost any injury from an animal will cause $100 in medical treatment given the current cost of
medical care. A $250 requirement would be more in line with what would actually be an injury sufficient to warrant
deeming a dog dangerous.
Chairman Greer asked if anyone from the public wished to speak on the request.
Hearing no comments, Chairman Greer closed the Public Hearing.
After brief discussion, Chairman Greer requested a motion from the Board to approve the definition of
'severe injury' revision from $100 in medical treatment to $250.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the ordinance
revision in the New Hanover County Code, Section 5-61: Animals & Fowls - definition of 'severe injury' changed
from $100 in medical treatment to $250. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Dr. McNeil reported that the proposed revision contains a spay/neuter requirement for dogs that have been
deemed dangerous or potentially dangerous. This would only apply to dogs which have already been deemed
dangerous and have violated the terms resulting from having been deemed dangerous.
Chairman Greer asked if anyone from the public wished to speak on the request.
Hearing no comments, Chairman Greer closed the Public Hearing.
After brief discussion, Chairman Greer requested a motion from the Board to approve a spay/neuter
requirement for dogs that have been deemed dangerous or potentially dangerous.
Motion: Commissioner Pritchett MOVED, SECONDED by Vice-Chairman Caster, to approve the ordinance
revision in the New Hanover County Code, Section 5:65: Animals & Fowls - spay/neuter requirement for dogs that
have been deemed dangerous or potentially dangerous. Upon vote, the MOTION CARRIED UNANIMOUSL Y.
Dr. McNeil reported that the proposed revision contains the creation of a specific kennel size requirement
to ensure humanely sized kennels for dogs.
Chairman Greer asked if anyone from the public wished to speak on the request.
Hearing no comments, Chairman Greer closed the Public Hearing.
After brief discussion, Chairman Greer requested a motion from the Board to approve the creation of a
specific kennel size requirement.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the ordinance
revision in the New Hanover County Code, Section 5-4: Animals & Fowls - the creation of a specific kennel size
requirement. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Dr. McNeil reported that the proposed revision replaces voice control with an actual leash law for dogs in
County areas due to the urbanization of the County.
Chairman Greer asked if anyone from the public wished to speak on the request.
Paul Boney stated that the leash law will be a great help and requested the Board approve the ordinance
reVISIOn.
Ann Bowman, on behalf of seventeen homeowners associations located in the unincorporated area of the
County, requested that the Board approve the ordinance revision.
Karen Hackney stated that she is opposed to the ordinance revision and that the current ordinance is
sufficient. She requested the Board increase the Animal Control Department budget to allow them to oversee more
efficiently the current ordinances.
Quinton Cooke stated that he is opposed to the ordinance and did not see the need for a revision. He
suggested that dogs with an American Kennel Club certification be allowed exception from the leash law.
Kim Freeman stated her concern that the revised ordinance would prohibit her dogs from running free at
Freeman Park in Carolina Beach. She requested the Board set aside parks funds for a dog park.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 1,2006
BOOK 30
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Patrice Kaizar stated that the American Kennel Club training was designed for dogs on a leash.
Dr. Robert Wheaton, a veterinary and a member of the Board of Health, stated the need for the leash law
and requested the Board approve the revision to the ordinance.
Hearing no further comments, Chairman Greer closed the Public Hearing.
After brief discussion, Chairman Greer requested a motion from the Board to enact a leash law for dogs in
the unincorporated County.
Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to approve the ordinance
revision in the New Hanover County Code, Section 5-4: Animals & Fowls - to enact a leash law for dogs in the
unincorporated County. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Dr. McNeil reported that the proposed revision contains the addition of a spay/neuter requirement for all
agencies offering animals for adoption in New Hanover County. This requirement would address entities adopting
out animals without having them spayed or neutered first.
Chairman Greer asked if anyone from the public wished to speak on the request.
Jeannie Leonard, Adopt an Angel organization, stated that she endorses the ordinance reVISIOn and
requested the Board's approval.
Jane O'Brien, Friends of Feline organization, stated that she endorses the ordinance and requested the
Board's approval.
Jill Jones, Adopt an Angel organization, stated that she endorses the ordinance revision and requested the
Board's approval.
Hearing no further comments, Chairman Greer closed the Public Hearing.
After brief discussion, Chairman Greer requested a motion from the Board to approve adding a spay/neuter
requirement for all agencies offering animals for adoption in New Hanover County.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the ordinance
revision in the New Hanover County Code, Section 5-27: Animals & Fowls - adding a spay/neuter requirement for
all agencies offering animals for adoption in New Hanover County. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the Ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book
XXX, Page 2.5.
Dr. McNeil reported that the proposed revision contains the addition of confiscation of pets whose owners
are indisposed or who have been left in dire circumstances. The owner would be able to retrieve their animal from
Animal Control Services after paying a $100 citation and any boarding fees.
Chairman Greer asked if anyone from the public wished to speak on the request.
Hearing no comments, Chairman Greer closed the Public Hearing.
After brief discussion concerning potential liability issues, Chairman Greer requested a motion from the
Board.
Motion: Commissioner Pritchett MOVED, SECONDED by Commissioner Kopp, to table the ordinance revision
allowing for confiscation of pets whose owners are indisposed or who have been left in dire circumstances to allow
additional time for legal review. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A REQUEST BY BETHANY PRESBYTERIAN CHURCH TO
REZONE APPROXIMATELY .44 ACRE OF PROPERTY FROM R-20 RESIDENTIAL DISTRICT TO
0&1 OFFICE AND INSTITUTIONAL DISTRICT LOCATED AT 2311 CASTLE HAYNE ROAD (Z-832,
04/06)
Chairman Greer opened the Public Hearing and requested Planner Sam Burgess to make the presentation.
Planner Burgess reported that Bethany Presbyterian Church is requesting to rezone approximately .44 acre
of property from R-20 Residential District to 0&1 Office and Institutional District located at 2311 Castle Hayne
Road.
The subject property is located approximately Y2 mile south of the intersection of North Kerr and Castle
Hayne Road. The church acquired a large tract of land just north of the sanctuary that is currently zoned 0&1
Office and Institutional. The church then acquired the subject property, which is directly west of the 0&1 tract, with
the zoning of R-20. The church now desires that both properties have the 0&1 zoning. The property to the east,
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 1,2006
BOOK 30
PAGE 583
across Castle Hayne Road, is also zoned 0&1 as is the property directly north. The property directly south, which
contains the church, is zoned R-20.
The Planning Board voted 7 to 0 to recommend approval.
Staff recommends approval which will eliminate the split zoning on this tract of land. The 0&1 zoning
provides for a transition of land uses between residential and heavier commercial land uses.
Chairman Greer asked if anyone from the public wished to speak on the request.
Hearing no comments, Chairman Greer closed the Public Hearing and asked for direction from the Board.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Pritchett, to approve the request by
Bethany Presbyterian Church to rezone approximately .44 acre of property from R-20 Residential District to 0&1
Office and Institutional District located at 2311 Castle Hayne Road. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF AREA lOA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON JULY 1,1974, is
hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section lOA, Page 27.
BREAK
Chairman Greer called for a break at 6:55 p.m. until 7:00 p.m.
Chairman Greer reported that Agenda Item 8.7 - Public Hearing - Special Use Permit - Request by David
Ward concerning validity of original Special Use Permit issued at 1512 Burnett Road has been withdrawn by the
Petitioner.
PUBLIC HEARING TO CONSIDER A REQUEST BY JAMES MCINTOSH TO REZONE
APPROXIMATELY .38 ACRE OF PROPERTY FROM R-15 RESIDENTIAL DISTRICT TO B-2
HIGHWAY BUSINESS DISTRICT LOCATED AT 4007 HOLLY SHELTER ROAD (Z-833, 04/06)
Chairman Greer opened the Public Hearing and requested Planner Sam Burgess to make the presentation.
Planner Burgess reported that James McIntosh is requesting to rezone approximately .38 acre of property
from R-15 Residential District to B-2 Highway Business District located at 4007 Holly Shelter Road. The subject
property is located east of the intersection of Castle Hayne Road and Holly Shelter Road and has a split zoning of B-
2 on the west portion and R-15 on the east portion. The Petitioner is requesting to add approximately 20,000 square
feet of his property to the B-2 Highway Business District from the R-15 Residential District.
The Planning Board voted 7 to 0 to recommend, including the adjacent road right-of-way. Staff
recommends approval.
Chairman Greer asked if the Petitioner wished to speak on the request.
The Petitioner, James McIntosh, spoke on the need for the rezoning and requested approval.
Chairman Greer asked if anyone from the public wished to speak in opposition to the request.
There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from
the Board.
Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to approve the request by James
McIntosh to rezone approximately .5 acre of property from R-15 Residential District to B-2 Highway Business
District located at 4007 Holly Shelter Road. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF THE CASTLE HAYNE AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON
JULY 1, 1985, is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Castle Hayne
Section, Page 24.5.
PUBLIC HEARING TO CONSIDER A REQUEST BY CINDEE WOLF WITH WITHERS AND RAVENEL
ON BEHALF OF L&D CONTRACTING, INC. TO REZONE APPROXIMATELY 3.99 ACRES OF
PROPERTY FROM R-15 RESIDENTIAL DISTRICT TO CD B-1 CONDITIONAL USE
NEIGHBORHOOD BUSINESS DISTRICT LOCATED AT 6215 CAROLINA BEACH ROAD (Z-837, 04/06)
Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a
quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify.
The following persons were sworn in:
Dave Weaver
Sam Burgess
Chris O'Keefe
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 1,2006
BOOK 30
PAGE 584
Ann Hines
Cindee Wolf
Donnie King, Jr.
Planner Sam Burgess reported that Cindee Wolf with Withers and Ravenel, on behalf of L&D Contracting,
Inc., are requesting to rezone approximately 3.99 acres of property from R-15 Residential to CD B-1 Conditional
Use Neighborhood Business District Located at 6215 Carolina Beach Road.
The property is located approximately one mile south from the intersection of Sanders Road and Carolina
Beach Road. Properties to the north, south, west and east are zoned R-15 Residential. Properties within 1f4 mile of
the subject property are zoned B-1 CD and B-2 CD.
The subject property has operated as a wholesale nursery for several years. A Special Use Permit was
granted in 1979 for a gift shop in the front corner. An attempt to rezone the property from R-15 to B-2 occurred in
January of 2000. The applicant, Steven Coats, requested the item be continued and it was never revisited by the
Planning Board.
The Petitioner recently purchased the nursery, which has several zoning and building code violations that
can be corrected with this zoning change.
The Planning Board voted 7 to 0 to recommend approval with recommendation that the district be extended
approximately 600 feet east of the property line located at Carolina Beach Road with the condition that the applicant
must meet all the zoning requirements for New Hanover County and correct any current violations as well as
remedy any drainage deficiencies.
Staff recommends that the front 400 feet be rezoned to B-1 CD Neighborhood Business Conditional Use to
satisfy the two acre minimum for a B-1 District while still allowing the nursery and growing area in the rear portion
of the properties with the condition that the applicant must meet all of the zoning requirements for New Hanover
County and correct any current violations.
Chairman Greer asked if the Petitioner would like to speak on the request.
Cindee Wolf, the Petitioner, presented the project and requested approval, stating that they agree with
findings of facts that were submitted.
Chairman Greer asked if anyone would like to speak in opposition to the request.
Hearing no one, Chairman Greer closed the Public Hearing and asked for direction from the Board.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by Cindee
Wolf with Withers and Ravenel, on behalf of L&D Contracting, Inc., to rezone approximately 3.99 acres of property
from R-15 Residential to CD B-1 Conditional Use Neighborhood Business District Located at 6215 Carolina Beach
Road. Upon vote, the MOTION CARRIED UNANIMOUSL Y.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON APRIL 7, 1972, is
hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 74.
Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to grant a Special Use Permit to
Cindee Wolf with Withers and Ravenel, on behalf of L&D Contracting, Inc., to locate a retail nursery, garden shop,
florist and gift shop based on the evidence presented and the findings of facts concluding that: 1) the use will not
materially endanger the public health or safety if located and developed according to the plan as submitted and
approved; 2) the use meets all required conditions and specifications of the Zoning Ordinance; 3) the use will not
substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 4) the
location and character of the use if developed according to the plan as submitted and approved will be in harmony
with the area in which it is to be located and in general conformity with the plan of development for New Hanover
County with the following condition that the applicant must meet all of the zoning requirements for New Hanover
County and correct any current violations. Upon vote, the MOTION CARRIED UNANIMOUSLY.
The following findings off acts were submitted in the written back-up:
1. The Board must find that the use will not materially endanger the public health or safety where proposed
and developed according to the plan as submitted and approved.
A. The property currently has a well and septic tank.
B. All of the property is located outside a 100-year flood area.
C. Access to the property is from US 421 Carolina Beach Road
D. Fire Service is available from the Myrtle Grove VFD
2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance.
A. A retail nursery is a permitted use-by-right in a B-1 Neighborhood Zoning District.
B. The site plan shows the street yard, but not the necessary amount of plant material required, which
is 13 three-inch caliper shade trees and 78 twelve-inch shrubs.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 1,2006
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C. Parking requirements are met in the site plan submitted.
D. The site plan does not show the existing signage to determine compliance with the Zoning
Ordinance.
E. The existing structure meets the minimum setbacks, but the enclosed porch violates the front
setback requirements.
F. The site plan shows a fence along the property lines, but does not meet the buffer requirements for
abutting residential districts.
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. No evidence has been submitted that this project will decrease property values of commercial uses
nearby.
B. The nursery operated as a wholesale nursery for more than twenty years.
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 for New Hanover County.
A. The 2005 Land Use Plan Update identifies this area as Transition, no additional structures are
proposed.
B. Several other B-1 CD zoning districts exist further south along Carolina Beach Road.
A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP
Book IV, Page 5.1.
PUBLIC HEARING TO CONSIDER A REQUEST BY KENNETH A. SHANKLIN ON BEHALF OF
MASON LANDING YACHT CLUB, LLC. TO REZONE APPROXIMATELY 11.46 ACRES OF
PROPERTY FROM R-20S RESIDENTIAL DISTRICT TO CD R-15 CONDITIONAL USE RESIDENTIAL
DISTRICT LOCATED AT 2029 TURNER NURSERY ROAD (Z-838, 04/06)
Chairman Greer opened the Public Hearing and announced that the Special Use Permit process requires a
quasi-judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify.
The following persons were sworn in:
Dave Weaver
Ken Shanklin
Chris O'Keefe
Matthew A. Nichols
Cindee Wolf
Thomas Reid
Lauren Galleher
Richard Donaldson
Bruce Kirk
Ann Donaldson
Robert Parr
Edward Avery Bates
Mark Hargrove
Haywood Newkirk
Montell Irvin
Bruce Shell
Senior Planner Chris O'Keefe reported that Kenneth A. Shanklin, on behalf of Mason Landing Yacht Club,
LLC., is requesting to rezone approximately 11.46 acres of property from R-20S Residential District to CD R-15
Conditional Use Residential District located at 2029 Turner Nursery Road.
The property is located approximately 1f4 mile east from Middle Sound Loop Road. The current land use on
the site is a commercial marina with all of the surrounding properties zoned R-20S. Properties on Middle Sound
Loop Road in this general vicinity are zoned R-15 residential. The existing commercial marina operates under a
revised Special Use Permit issued by New Hanover County in 1973. The zoning change can be consistent with the
County's policies for growth and development provided the density is limited to 2.5 units per acre and the
impervious coverage is limited to 25%.
The Planning Board voted 6 to 1 to recommend approval with following conditions:
. No overhead lighting on the marina facility.
. The entrance sign must meet the current Zoning Ordinance requirements.
Staff recommends approval with the following conditions:
. The preservation of the current availability of public access to the Intracoastal Waterway.
. The entrance sign must meet the current zoning regulations.
. No overhead lighting in the marina.
Chairman Greer asked if the Petitioner wished to speak on the request.
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Cindee Wolf, with Withers and Ravenel, presented an overview of the project stating that the proposed
project is a performance residential development with twenty-five home sites with wet slips; with an additional
thirty-five wet slips available. Parking will be underneath the houses to conserve impervious surface. The proposed
plan will reduce the current impervious surface to a maximum of 25% which will benefit the community,
neighborhood and environment and meets all technical standards of the Ordinance.
Ken Shanklin, attorney on behalf of the Petitioner, presented a timeline of the zoning and the current use of
the property.
Matt Nichols, attorney on behalf of the Petitioner, reported on the meetings that were held with the
neighbors which resulted in the revised plan.
Mr. Nichols reported that the revised plan eliminated the dry stack storage component and is now
exclusively a wet slip marina, single family residential community. The revised plan is a less intense use of the
property with a scaled down commercial marina facility. There is a reduction in the impervious surface from 42% to
24.9%; elimination of approximately 11,000 square feet of existing concrete pier; reduction in traffic; an improved
storm water management system, more harmonious with the surrounding area and consistent with the Land Use
Plan. He entered into the record affidavits from Real Estate Appraiser Haywood Newkirk and Transportation
Engineer Montell Irvin.
Chairman Greer asked if anyone from the public wished to speak in opposition to the request.
Robert Parr, resident of Middlesound Lookout, stated that he would like to see the zoning remain R-20S
and felt that the project could work within the existing zoning. He stated his concern with traffic and environmental
issues and requested the Board deny the request and keep the current zoning.
Edward Avery Bates, Court appointed Trustee of the property located at 2041 Turner Nursery Road, stated
that he is opposed to the rezoning request without the following conditions: 1) The site plan must be developed as
presented; and 2) The developer must promise to use best management practices in the development of the project to
protect the outstanding resources especially the coastal waters.
Chairman Greer asked the Petitioner for rebuttal comments.
Ken Shanklin, reported that performance residential development is not permitted in the R-20S zoning.
The current use is commercial with substantial impervious surface and that the proposed project is a better option.
He referenced a Memorandum of Law that states there is no deed, easement or map showing a dedication of any part
of the Petitioner's property to the use of the public for a boat ramp.
Montell Irvin, Transportation Engineer, reported that in his professional opinion, the proposed rezoning and
special use permit will significantly reduce traffic in comparison to the traffic generated by the current commercial
marina. Approximately twenty-five cars in the peak period are estimated to be generated by the proposed project.
Richard Donaldson, resident on Atlantic Drive, stated that he is in favor of the proposed project and did not
feel that the area was appropriate for a public boat ramp and requested the Board not make the boat ramp a condition
of the permit.
Chairman Greer asked the opposition for rebuttal comments.
Robert Parr requested the Board deny the request and keep the current zoning which is better for traffic and
the environment.
Edward Avery Bates stated that he is opposed to a public boat ramp due to the increase in the impervious
surface.
There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from
the Board.
Motion: Vice-Chairman Caster MOVED, SECONDED by Chairman Greer, to approve the request by Kenneth A.
Shanklin, on behalf of Mason Landing Yacht Club, LLC., to rezone approximately 11.46 acres of property from R-
20S Residential District to CD R-15 Conditional Use Residential District located at 2029 Turner Nursery Road.
Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Pritchett voted in opposition.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF AREA 3 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON MAY 18, 1970, is
hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 3, Page 10.
Motion: Commissioner Kopp MOVED, SECONDED by Vice-Chairman Caster, to grant a Special Use Permit to
Kenneth A. Shanklin, on behalf of Mason Landing Yacht Club, LLC., to locate twenty-five residential units based
on the evidence presented and the findings off act concluding that: 1) the use will not materially endanger the public
health or safety if located and developed according to the plan as submitted and approved; 2) the use meets all
required conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity; and 4) the location and character of the use if
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 1,2006
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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 with the condition that the
entrance sign must meet the current zoning regulations. Upon vote, the MOTION CARRIED 4 TO 1.
Commissioner Pritchett voted in opposition.
The following findings off acts were submitted in the written back-up:
1. The Board must find that the use will not materially endanger the public health or safety where proposed
and developed according to the plan as submitted and approved.
A. The property has County sewer and private utility water.
B. The property along the boat basin is in the 100-year floodplain.
C. Access to the property is from Mason Landing Road via Middle Sound Loop Road.
D. Fire service is available from the Ogden Fire Department.
2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance.
A. The site plan shows twenty-five residential units, the maximum number allowed under
Performance Residential in an R -15.
B. The amount of recreational space is 2.7 acres.
C. The amount of impervious surface is 24.9%
D. The parking requirement is satisfied.
E. No buffering is required.
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. No evidence has been submitted that this project will decrease property values of commercial uses
nearby.
B. The land use on this property has been a commercial marina for 23 years within a Residential
Zoning District.
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 for New Hanover County.
A. The 2005 CAMA update identifies this area as Conservation and Watershed Resource Protection.
B. Residential development at this density occurs frequently throughout Middle Sound.
A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP
Book IV, Page 5.2.
PUBLIC HEARING TO CONSIDER A SPECIAL USE REQUEST BY KENNETH A. SHANKLIN ON
BEHALF OF MASON LANDING YACHT CLUB, LLC. FOR A COMMERCIAL MARINA CONTAINING
SIXTY WET BOAT SLIPS AT 2029 TURNER NURSERY ROAD (S-556, 04/06) (Z-837,04/06)
Chairman Greer opened the Public Hearing and announced that the Special Use Permit before the Board is
the second part of the previous request.
The following persons were previously sworn in:
Dave Weaver
Ken Shanklin
Chris O'Keefe
Matthew A. Nichols
Cindee Wolf
Thomas Reid
Lauren Galleher
Richard Donaldson
Bruce Kirk
Ann Donaldson
Robert Parr
Edward Avery Bates
Mark Hargrove
Haywood Newkirk
Montell Irvin
Bruce Shell
Senior Planner Chris O'Keefe reported that Kenneth Shanklin, on behalf of Mason Landing Yacht Club,
LLC., is requesting a special use permit to locate a commercial marina containing sixty wet boat slips at 2029
Turner Nursery Road and referenced the contents of the previous hearing are on the record. The Planning Board
voted 6 to 1 to recommend approval for a Special Use Permit with the following conditions:
1. No overhead lighting on the marina facility.
2. The entrance sign must meet the current Zoning Ordinance requirements.
3. The public boat access should be preserved.
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REGULAR MEETING, MAY 1,2006
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PAGE 588
Senior Planner O'Keefe reported that Staff recommends allowing pedestrian and or canoe/kayak access
with ten public parking spaces stating that this might better fit with the proposed project than a public boat ramp.
Assistant County Manager Dave Weaver stated that due to the concerns of the neighbors on the impact of a
public boat ramp, Staff suggests setting up parking spaces so boat trailers would not be allowed, limiting the use to
canoes/kayaks, and the hours of operation to daylight hours only. There is a concern with the growing lack of public
access to the water.
Chairman Greer asked if the Petitioner wished to speak on the request.
Ken Shanklin, attorney for the Petitioner, referenced the previous hearing presentation and the affidavits
submitted. He reported that the proposed project cannot cut down on the impervious surface and also allow a public
boat ramp. There has been no grant of easement or dedication to the public or any public right of way given by any
of the property owners. If a public access boat ramp was required there would be liability issues on who would be
responsible for the monitoring and management.
Chairman Greer asked if anyone from the public wished to speak in opposition to the request.
Robert Parr, resident of Middlesound Lookout, requested that the Board make the public boat access a
condition of the permit, with no gas sales, restricted hours and ban alcoholic beverages and outdoor music. If the
Board approves the proposed project, he requested the condition be included that the public will have access to the
boat ramp before and after major storms. If this project is approved, then in the Middle Sound area the average
person will not have any public water access.
Assistant Attorney E. Holt Moore confirmed with Commissioner Pritchett that the Board cannot require a
public boat ramp on private property.
Mr. Shanklin reported that due to the concerns of the neighbors and limiting the impervious surface the
boat ramp has been removed from the proposed project. The conditions of no gas sales or overhead spotlights and
the signage will meet the current Zoning Ordinance requirements are acceptable to the Petitioner.
There being no further comments, Chairman Greer closed the Public Hearing and asked for direction from
the Board.
Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Caster, to grant a Special Use Permit to
Kenneth A. Shanklin, on behalf of Mason Landing Yacht Club, LLC., to locate sixty wet boat slips based on the
evidence presented and the findings of fact concluding that: 1) the use will not materially endanger the public health
or safety if located and developed according to the plan as submitted and approved; 2) the use meets all required
conditions and specifications of the Zoning Ordinance; 3) the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity; and 4) the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in
general conformity with the plan of development for New Hanover County with the following conditions: 1) No
gasoline sales allowed; 2) The entrance sign must meet the current zoning regulations; and 3) No overhead
spotlights allowed in the marina area. Upon vote, the MOTION CARRIED 3 TO 2. Commissioner Davis and
Commissioner Pritchett voted in opposition.
The following findings off acts were submitted in the written back-up:
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 property has County sewer and private utility water.
B. The property along the boat basin is in the 100-year floodplain.
C. Access to the property is from Mason Landing Road via Middle Sound Loop Road.
D. Fire service is available from the Ogden Fire Department.
E. The current commercial marina operates under Special Use Permit number 67, approved in 1973
and amended in 1999.
2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance.
A. The site plan shows sixty wet slips existing on the property.
B. All lighting shall be contained on the site.
C. No structures allowed at the end of the pier.
D. The parking requirement for commercial marinas is satisfied.
E. Buffering is required along all property lines abutting residential districts, and SUP #67 requires a
buffer running along the southern property line extending to the Intracoastal Waterway.
F. All corrective actions noted in the February 16, 2006 letter from the Zoning Department need to
be completed.
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. Similar type projects exist in other residential districts in Middle Sound and New Hanover County.
B. Some commercial marinas and some community boating facilities have been previously permitted
in the Middle Sound area.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
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PAGE 589
C. No evidence has been presented that the proposed use will injure the value of adjoining or abutting
property values.
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 for New Hanover County.
A. The New Hanover County Comprehensive Plan classifies the site as Watershed Resource
Protection and Conservation. The purpose of the Watershed Resource Protection class is to
provide for the preservation and protection of important natural, historic, scenic, wildlife and
recreational resources. Polices 3-18 & 19 encourage public access to our estuarine and public trust
waters.
B. Surrounding land uses include single-family housing.
A copy of the Special Use Permit is hereby incorporated as part of the minutes and is contained in SUP
Book IV, Page 5.3.
BREAK
Chairman Greer excused himself due to illness and called for a break at 8:33 p.m. until 8:43 p.m.
PUBLIC HEARING TO CONSIDER A REQUEST BY CINDEE WOLF WITH WITHERS AND RAVENEL
ON BEHALF OF DONALD AND RACHEL THORNING TO REZONE APPROXIMATELY .52 ACRE OF
PROPERTY FROM R-15 RESIDENTIAL DISTRICT TO B-2 HIGHWAY BUSINESS DISTRICT
LOCATED AT 5022 CAROLINA BEACH ROAD (Z-836, 04/06)
Vice-Chairman Caster opened the Public Hearing and requested Senior Planner Chris O'Keefe to make the
presentation.
Senior Planner O'Keefe reported that Cindee Wolf with Withers and Ravenel, on behalf of Donald and
Rachel Thorning, is requesting to rezone approximately .52 acre of property from R-15 Residential District to B-2
Highway Business District located at 5022 Carolina Beach Road with the remaining portion of the property
remaining R -15 Residential. The property is located on the west side of Carolina Beach Road approximately % of a
mile north of Monkey Junction.
This area of Carolina Beach Road is transitioning to more urban land uses. Several types of zoning districts
occur in this region including 0&1 Office and Institutional, B-2 CD Highway Business Conditional Use and 0&1
CD Office and Institutional Conditional Use. Staff recommends approval of the rezoning which is in keeping with
the commercial services already established at the Silver Lake Road intersection.
The Planning Board voted 7 to 0 to approve the request.
Vice-Chairman Caster asked if the Petitioner wished to speak on the request.
Kim Crisp, stated that he is in the process of purchasing the proposed property for his martial arts business
and requested the Board approve the rezoning request.
Vice-Chairman Caster asked if anyone from the public wished to speak in opposition to the request.
There being no comments, Vice-Chairman Caster closed the Public Hearing and asked for direction from
the Board.
Motion: Vice-Chairman Caster MOVED, SECONDED by Commissioner Kopp, to approve the request by Cindee
Wolf with Withers and Ravenel, on behalf of Donald and Rachel Thorning, to rezone approximately .52 acre of
property from R-15 Residential District to B-2 Highway Business District located at 5022 Carolina Beach Road.
Upon vote, the MOTION CARRIED 4 TO O.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING
MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED ON APRIL 7, 1972, is
hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 75.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER COUNTY
WATER AND SEWER DISTRICT
Vice-Chairman Caster convened from Regular Session at 8:49 p.m. to hold a meeting of the New Hanover
County Water and Sewer District.
Vice-Chairman Caster reconvened to Regular Session at 9:00 p.m.
NON-AGENDA ITEMS
Vice-Chairman Caster announced that time had been reserved to allow the public to present an item that
was not listed on the regular agenda. He requested all persons speaking to limit their remarks to three minutes.6
No comments were received.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING, MAY 1,2006
BOOK 30
PAGE 590
ADJOURNMENT
Motion: Commissioner Davis MOVED, SECONDED by Commissioner Pritchett, to adjourn the meeting. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
There being no further business, Vice-Chairman Caster adjourned the meeting at 9:05 p.m.
Respectfully submitted,
Sheila L. Schult
Clerk to the Board