FEB 2021 APPROVED MinutesMINUTES
BOARD OF ADJUSTMENT
The New Hanover County Board of Adjustment held a regular and duly advertised meeting at 5:30 P.M. at the
New Hanover County Government Center Complex, 230 Government Center Drive, in the Lucie Harrell
Conference Room, Wilmington, NC, on Tuesday, February 23,2021.
Members P resent Members Absent
Cameron Moore, Chairman
Kristin Freeman, Vice-Chair
Maverick Pate
Luke Waddell
Michael Keena n
Hank Adams
Pete Devita
Richa rd Kern
Ex Officio Members Present
Ken Vafier, Executive Secretary
Kemp Burpeau, Deputy County Attorney
Rebekah Roth, Planning & Land Use Director
Ron Meredith, Current Pla n ner
The meeting was called to order at 5:30 P.M. by the Chairman, Mr. Cameron Moore.
Mr. Moore explained that the Board ofAdjustment is a quasi-judicial board appointed by the Board of
Commissioners to consider variances from residents in New Hanover County where special conditions would
create unnecessary hardships. He said the Board of Adjustment also hears appeals of the County's
interpretation in enforcement ofthe Unified Development Ordinance. The appellants have thirty days in which
to appeal any decision made by the Board to Superior Court.
FIRST ORDER OF BUSINESS
Following a motion by Mr. Waddell and seconded by Vice-Chair Freeman, the minutes from the January 26,
2021 meeting were unanimously approved.
The Chairman then swore in County staff Ken Vafier and Ron Meredith
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Mr. Meredith stated that the applicant and property owner, is requestinS two variances relating to
landscaping and tree retention. The applicant is requesting a variance from tree retention requirements per
Section 5.3.4(C) and interior landscaping requirements per Section 5.4.5(C) of the New Hanover County
Unified Development Ordinance (UDO)'
The sub.ject site is called the Cape Fear Regional soccer complex expansion located at 205 sutton steam Plant
Road,Wilmington,NC.Thezoningclassificationforthesubjectsiteisl-2,HeavylndustrialDistrict.
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Mr. Meredith stated that the site consists of 65.47 acres located to the south of Sutton Steam Plant Road,
north of Sampson Street. Currently, there are seven existing sports fields on the northern part of the property.
The applicant has provided plans with intenslons to construct four additional sports fields, a restroom facility,
and additional parking on the site, totaling eleven sports fields to be housed at the complex.
The subject tract was once a landfill and is now part of an EPA Brownfields Revitalization Program. An
environmental cleanup for the earlier use is active on the site. The cleanup action can aid in returning
abandoned industrial facilities, waste disposal sites and former gas stations to productive future uses.
Mr. Meredith stated due to the Unified Development Ordinance requirements related to vegetation at the
Brownfields location, the applicant finds difficulty in adhering to the tree planting requirements in the UDO.
When applying the applicable provisions of the UDO, approximately 323 trees would be required to be planted
within the proposed disturbed area as part of the tree retention requirements, and one tree per 144 square
feet would be required meet the interior parking standards to provide required plantings. A large portion of
the site is occupied with la ndfill/brownfields areas so the planting area is limited.
The applicant has submitted a landscaping plan that proposes about 150 understory trees to be placed outside
the landfill/brownfields boundary location. The applicant contends that the variance is necessary in order to
be compliant with site vegetative cover standards for landfills/brownfields as specified by the North Carolina
Department of Environmental Quality.
Mr. Meredith stated the applicant is requesting two variances; the first variance is from Section 5.3.4 (C) and is
to plant 150 trees from the required 323 trees, and the second variance being requested is from the
requirement of Section 5.4.5(C) for 49 trees to be planted due to the vegetative restrictions to the Brownfields
a rea.
Chairman Moore asked if the variances could be separated
Mr. Meredith answered that each variance request could be considered separately.
Mr. Vafier stated that if the Board deliberates and decides to grant the variances this could be done in one (1)
motion or the variance could be individually decided upon based on the findings.
Mr. Keenan asked how were the outside boundary areas established.
Mr. Meredith stated the areas are listed per the designated Brownfields areas.
Mr. David Bergmark, McAdams Engineering - Mr. David Bergmark stated he is assisting the applicant and
owner of the subject site, City of Wilmington, with the application and process of requesting the variance. Mr.
Bergmark stated that as the site was previously a landfillfacility there are llmits to plantlng the trees as
required in the UDO, in addition to meeting the requirements of NC Department of Environmental Quality.
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Chairman Moore then swore in David Bergmark.
Mr. Bergmark stated that the landfill/brownfields boundary is restricted in that the root depth shall be no
greater than 18 inches at maturity with no root runner. Mr. Bergmark stated they are requesting two
variances, one variance under the provisions of the UDO, approximately 323 trees would be required, the
applicant is requesting to plant 150 trees outside of the former landfill boundary. The second variance relates
to the landscaping parking lot requirements of one (1) tree per 144 square feet required for interior parking
standards. Mr. Bergmark stated they are imposing to plant six (6) trees around the restroom area.
Mr. Bergmark stated they are offering double the amount of additionalgreen space to the parking lot. Mr.
Bergmark stated they are limited in applying the UDO regulations In plantings due to the former landfill
spacing, steep slopes, existing utilities and easements they cannot plant within.
Vice-Chair Freeman asked if the soccer fields are indoor or outdoor.
Mr. Bergmark stated the subject site fields are outdoor with one synthetic surface, the remaining are grass.
Mr. Waddell inquired of which agency that imposes the Brownfields regulations
Mr. Bergmark stated the NC DEQ imposes regulations to Brownfields sites for oversight and operational use
Chairman Moore asked how many boxes are there and where would the trees be located.
Mr. Bergmark stated they cannot go pass the 18 inches in caliber of trees at the site
Mr. Waddell asked how the applicant came to propose the 150 trees.
Mr. Bergmark stated their team agreed 150 trees as the base to ensure groMh with the space allowed for the
trees to be successful in growth in the future.
The City of Wilmington representative was present as the owner of the subject site.
NO OPPOSITION PRESENT
PUBTIC HEARING CLOSED
BOARD DISCUSSION
Chairman Moore stated that both variance request could be combined in deliberation.
Mr. Burpeau stated the Board may reference the findings of fact in their deliberation in entirety.
Mr. Vafier stated the Board could consider any conditions that the applicant is referencing in the variance.
Chairman Moore stated that the applicant has provided a narrative and read the findings of facts submitted.
A. A variance of 323 trees to be retained or planted. The applicant is proposing to plant 150 trees outside
the Landfill/Brownfield boundary.
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B. A variance of 49 trees requiring one planted or existlng tree shall be required every 144 sf of total
interior landscaped area, with a minimum one tree in each parking island.
The Board cited the following conclusions and findings of fact:
1. lt is the Board's conclusion that, if the applicant complies with the literal terms of the ordinance,
specifically a variance of 173 trees from Section 5.3.4(C) of the UDO requiring that a minimum of 15
trees at least two inches DBH or two caliper inches, as applicable, shall be retained or planted on a
parcel where development occurs; and a variance of 49 trees required from Section 5.4,5(C) of the
UDO requiring one planted or existing tree shall be required for every 144 square feet of total interior
landscaped area, with a minimum of one tree in each parking island of the New Hanover County
Unified Development Ordinance, that an unnecessary hardship would result, This conclusion is based
on the following FINDINGS OF FACT:
Due to the site's previous use as a landfill, the strict application of the ordinance as it relates to
tree plantings would directly conflict with the North Carolina Department of Environmental
Quality's vegetative cover regulations for prior landfill sites. The DEQ'S planting requirements
include that the root depth be no greater than 18 inches at maturity with no root runner greater
than 6 inches (See exhibit A-Section 2.1 Plant Requirements). This requirement permits grass
and shrubs, but precludes planting of trees with in the a rea of the site previously used as a landfill
(Which is the vast majority of the site and fully includes the parking area by the building- See
Exhibit L1).
2. lt is the Board's conclusion that the hardship of which the applicant complains results from unique
circumstances related to the subject property, such as location, size, or topography. This conclusion
is based on the following FINDINGS OF FACT:
Prior use of the site as a landfill is what is creating the conflict the County's landscaping
requirements. This existing condition is particular to this site, and with only one other landfill in
the County, is not indicative of a condition that is common to the surrounding area or County in
general.
Neither the applicant nor the property owner established the prior use as a landfill. Thus, the
site-specific circumstance creating the hardship did not result from actions taken by the applicant
or the property owner.
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Mr. Keenan made a motion to approve the variance based on findings submitted. Mr. Waddell second the
motion. The motion was unanimously approved.
3. lt is the Board's conclusion that the hardship did not result from actions taken by the applicant or the
property owner. This conclusion is based on the following FINDINGS OF FACT:
4. lt is the Board's conclusion that, if granted, the variance will be consistent with the spirit, purpose,
and intent ofthe ordinance, such that public safety is secured, and substantialjustice is achieved. This
conclusion is based on the following FINDINGS OF FACT:
Tree protection and landscaping regulations are intended to enhance the aesthetic appearance
of new development with the natural landscape to the benefit of the County's visual and
environmental character.
The requested variance to the County's Tree Retention (Section 5.3.4) and Landscaping for the
Parking Lot lnteriors standards (Section 5.4.5.C) Represents the Minimum variance required in
order to accommodate the State's regulations for prior landfill sites, by removing specified trees
plantings, while providing double the required amount of internal landscape island planting areas
to offset the reductions in tree coverage.
Care will be taken to the provide natural and aesthetically pleasing landscaping in areas where
tree root depth would violate state regulations through the use of shrubs, ground covers, and
ornamental grasses. lt is our firm belief that the requested variance proposals are true to the
spirit of the ordinance within the site limitations, and will preserve public safety and justice.
There being no further business before the Board, it was properly moved by Mr. Keenan and seconded by
Vice-Chair Freeman to adjourn the meeting. All ayes.
Please note the minutes are not a verbatim of the record of the proceedings,
Executive Secretary Chatrma
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