Agenda 2006 05-01
AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembb Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wdmington, NC
ROBERT G. GREER, CHAIRMAN. WilLIAM A. CASTER, VICE-CHAIRMAN
TED DAVIS, JR., COMMISSIONER. WilLIAM A. KOPP, JR., COMMISSIONER. NANCY H. PRITCHETT, COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER' WANDA COPLEY, COUNTY ATTORNEY' SHEILA SCHULT, CLERK TO THE BOARD
May 1,2006 5:30 p.m.
MEETING CALLED TO ORDER (Chairman Robert G. Greer)
INVOCA TION
PLEDGE OF ALLEGIANCE
APPROVAL OF CONSENT AGENDA
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
5:40 p.m. 1. Consideration of Proclamation to Designate the Month of Mav 2006 Foster 27
Care Awareness Month
5:45 p.m. 2. Consideration of Proclamation to Designate the Month of May 2006 Mental 29
Health A wareness Month
5:50 p.m. 3. Consideration of Proclamation to Designate the Month of May 2006 Bicvcle 31
A warenessMonth
5:55 p.m. 4. Presentation on the District Attorney's Computer Cop Program 35
6:05 p.m. 5. Report on "Hands on Wilmington" 37
6:10 p.m. 6. Consideration oflnterlocal Agreement with the City of Wilmington Regarding 41
the Parks and Green Space Bond
6:20 p.m. 7. Pliblic Hearing and Consideration of Revisions to the New Hanover Countv 55
Code_ Section Five: Animals & Fowl
6:35 p.m. 8.1 Pliblic Hearing 61
Rezoning - Reqliest by Bethany Presbyterian Church to rezone approximately
.44 acres from R-20 Residential District to 0&1 Office and Institlitional District
at 2311 Castle Hayne Road (2-832, 04/06)
6:45 p.m. 8.2 Pliblic Hearing 65
Rezoning - Reqliest by James McIntosh to rezone approximately .38 acres from
R-15 Residential District to B-2 Highway Blisiness District at 4007 Holly
Shelter Road (2-833, 04/06)
6:55 p.m. 8.3 Public Hearing 69
Rezoning - Reqliest by Cindee Wolf for L&D Contracting, Inc to rezone
approximately 3.99 acres from R-15 Residential to CD B-1 Conditional Use
Neighborhood Blisiness District at 6215 Carolina Beach Road (2-837, 04/06)
7:10 p.m. 8.4 Pliblic Hearing 75
Rezoning - Reqliest by Kenneth A. Shanklin for Mason Landing Yacht Cllib,
LLC to rezone approximately 11.46 acres from R-20S Residential District to
CD R-15 Conditional Use Residential District at 2029 Tlirner Nursery Road
(2-838, 04/06)
7:35 p.m. Break
7:45 p.m. 8.5 Pliblic Hearing 81
Special Use Permit - Reqliest for a special lise permit by Kenneth A. Shanklin
for Mason Landing Yacht Cllib, LLC for a Commercial Marina containing 60
wet boat slips at 2029 Tlirner Nursery Road (S-556, 04/06)
8: 15 p.m. 8.6 Public Hearing 101
Rezoning - Reqliest by Cindee Wolf for Donald and Rachel Thorning to rezone
approximately .52 acres from R-15 Residential District to B-2 Highway
Blisiness District at 5022 Carolina Beach Road (2-836, 04/06)
8:30 p.m. 8.7 NOTE: This item has been withdrawn. 105
Pliblic Hearing
Special Use Permit - Reqliest by David Ward concerning validity of original
Special Use Permit isslied at 1512 Blirnett Road (S-13, 06/71)
9:00 p.m. 9. Meeting of the Water and Sewer District 147
9:10 p.m. 10. Non-Agenda Items (limit three minlites)
9: 15 p.m. 11. Additional Items
COlinty Manager
COlinty Commissioners
Clerk to the Board
COlinty Attorney
9:30 p.m. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less
time, the Board will move forward until the agenda is completed.
2
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
9:00 p.m. 1. Non-Agenda Items (limit three minlites)
9:05 p.m. 2. Approval of Minutes 149
3
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4
CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes 7
2. Approval of Adoption of State Road Resollition Reqliesting the State to Add the 9
Following Roads: Linden Ridge Road, Delham Court, Breeland Court, Talamore
Court, Alder Ridge Road, Heddingham Lane and Pleasant Dale Drive in Linden
Ridge Slibdivision (Div. File No.: 1082-N)
3. Approval of New Hanover County Board of Edlication Blidget Amendment 11
4. 15
Department of Jlivenile Justice and Delinquencv Prevention Funds for Fiscal Year
Julv L 2006 throligh June 30, 2007
5. Approval ofFY 05-06 EEOC Contract Amendment/Extension and Associated 17
Blidget Amendment 06-0178
6. Approval of Gates Staying Connected Grant Application 19
Approval of Blidget Amendments
7.1 06-0163 Juvenile Dav Treatment Center 21
7.2 06-0181 Department of Social Services 23
5
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6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Consent Item #: 1 Estimated Time: Page Number:
Department: Governing Body Presenter: Sheila L. Schult
Contact: Sheila L. Schult
Item Does Not Require Review
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the Regular meeting and Board of Equalization and Review meeting held on April 18, 2006.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
7
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8
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Consent Item #: 2 Estimated Time: Page Number:
Department: Governing Body Presenter: Sheila Schult
Contact: Sheila Schult
SUBJECT:
Adoption of State Road Resolution Requesting the State to Add the Following Roads: linden Ridge Road, Delham
Court, Breeland Court, Talamore Court, Alder Ridge Road, Heddingham Lane and Pleasant Dale Drive in linden
Ridge Subdivision (Div. File No: 1082-N)
BRIEF SUMMARY:
NCDOT is considering the addition of these roads and requesting the Board to adopt the resolution in support of adding the
roads.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt Standard SR-2 Resolution.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
NCDOT Letter
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
9
~~i~H~:~~~
STATE OF NORTH CAROLINA NEW lI.'dWVfR CO
BD 01 c(\riMI(,(,I(HIIR~
DEPARlMENT OF TRANSPORTATION
MICHAEL F. EASLEY DIVISION OF HIGHWAYS L YNDO TIPPETT
GOVERNOR SECRETARY
April 4, 2006
Ms. Sheila Schlilt, Clerk to the Board
New Hanover County Board of Commissioners
320 Chestnut Street, Room 305
Wtlmington, NC 28401
Slibject: Proposed Addition to the State System of Highways
Dear Ms. Schuh:
This office is considering the addition of Linden Ridge Road, Delham Court, Breeland Court,
Talamore Court, Alder Ridge Road, Heddingham Lane, and Pleasant Dale Drive in Linden
Ridge Slibdivision (Div. File No: 1082- N) to the state system. After the Board's
consideration, if they concur with our recommendation, please furnish this office with the
current county resolution and official road name for our further handling.
In may be of further assistance, please advise.
VAJ;; PJ~
Anthony W. Law
District Engineer
A WL:jpp
Attachments
Cc: Joe Justice, Acting New Hanover County Maintenance Engineer
300 Division Drive, Wilmington, N.C. 28401 Tel: (910) 251-2655 Fax: (910) 251-2759
- - -------- ----.--
10
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Consent Item #: 3 Estimated Time: Page Number:
Department: County Manager Presenter: Bruce Shell
Contact: Cam Griffin
SUBJECT:
New Hanover County Board of Education Budget Amendment
BRIEF SUMMARY:
Please find attach for your review and approval Board of Education Budget Amendment #4, which 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 ($24,687), and transfers bond funds between Hoggard and Roland-Grise roof replacement projects
($100,000).
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve Board of Education Budget Amendment #4.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Board of Education Budget Amendment #4
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
11
Budget Amendment
#4
New Hanover County Administrative Unit
Capital Outlay Fund
The New Hanover County Board of Education at a meeting on the 3rd day of April, 2006, passed the
following resolution.
Be it resolved that the following amendments be made to the Budget Resolution for the fiscal year
ending June 30, 2006.
Amount
Code Number Description of Code Increase (Decrease)
Various See Attached $ 24,687.04
Revenue:
Various See Attached $ 24,687.04
Explanation: Carryover of Project Budgets
Total Appropriation in Current Budget $ 147,786.406.47
Amount of Increase/(Decrease) of above Amendment (24,687.04)
Total Appropriation in Current Amended Budget $ 147,761.719.43
Passed by majority vote of the Board of Education of New Hanover County on the 3 l'""Cl day of
~ 20 DID .
.__._,._."--~--
12
Capital Outlay Amendment # 4
To correct SA #1 which overstated Bond Carryover. This expenditure was accrued
back to the prior year:
4.9228.820.320.911 Computer Hardware (24,687.04)
revenue:
4.4810.820.000.000 2005 Bond Revenue 24,687.04
Transfer bond funds between Hoggard and Roland Grise roof replacement projects. Hoggard
came in under budget and Roland-Grise was over:
4.9122.820.522.364.945 Roland-Grise Roof Replacement 100,000.00
4.9121.820.522.342.945 Hoggard Roof Replacement (100,000.00)
Total Decrease in Capital Outlay (24,687.04 )
Caoital Outlav 1
13
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14
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Consent Item #: 4 (revised) Estimated Time: Page Number:
Department: County Manager Presenter:
Contact: Patricia A. Melvin
SUBJECT:
Recommendations from the Juvenile Crime Prevention Council for Department of Juvenile Justice and
Delinquency Prevention Funds for Fiscal Year July 1, 2006 through June 30, 2007
BRIEF SUMMARY:
The New Hanover County Juvenile Crime Prevention Council (JCPC) galvanizes community leaders in its effort to reduce
and prevent juvenile crime. The N.C. Department of Juvenile Justice and Delinquency Prevention (DJJDP) allocates
funding to the JCPC to assist in its carrying out of administrative oversight of these efforts and subsidizes local programs
which provide treatment, counseling or rehabilitative services to area youths.
The JCPC is responsible for making such funding recommendations to the Board of County Commissioners. If approved,
the recommendations are forwarded to the DJJDP for consideration of grant award. The JCPC voted at their April 21, 2006
meeting to recommend the following agencies be funded at the levels indicated, for the fiscal year beginning July 1, 2006.
Recommended
Juvenile Day Treatment Center $203,045
Teen Court $ 32,594
Psychological Services (SEMH) $202,486
Administration $ 5,500
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept the recommendations from the JCPC, as presented above, and accept grant award, if approved by the State of NC,
and approve related budget amendment.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES:
15
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
16
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Consent Item #: 5 Estimated Time: Page Number:
Department: Human Relations Presenter:
Contact: Carl Byrd
SUBJECT:
FY 05-06 EEOC Contract Amendment/Extension
BRIEF SUMMARY:
The Human Relations Department has been awarded the standard EEOC grant for FY 05-06 in the amount of $29,820. No
County match required.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend acceptance of the grant; request authorization for the County Manager to sign the grant document; request
approval of associated budget amendment #06-0178.
FUNDING SOURCE:
Will above action result in: Position(s) Modification Or Change Number of Positions:
Explanation:
ATTACHMENTS:
~
........
- ..
06.0l78.doc
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
17
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Budget Amendment
DEPARTMENT: Human Relations
BUDGET AMENDMENT #: 06-0178
ADJUSTMENT DEBIT CREDIT
EEOC Grant $29,820
Contract Services $28,620
Travel and Training $1,200
EXPLANATION: To budget EEOC grant for FY 05-06
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
18
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Consent Item #: 6 Estimated Time: Page Number:
Department: Library Presenter:
Contact: David M. Paynter
SUBJECT:
Gates Staying Connected Grant Application
BRIEF SUMMARY:
This grant will be used to replace the public access computers at the law library, Carolina Beach and Main, and one laptop
for support of public access computers. No County match is required.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve grant application and if awarded accept grant and approve related budget amendments.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Funding in the amount of $10,081 will be provided by the Gates Foundation & NC State Library. No County
funds are required.
ATTACHMENTS:
The application is available for review in the County Manager's office.
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
19
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20
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Budget Amendment
Consent Item #: 7.1 Estimated Time: Page Number:
DEPARTMENT: Juvenile Day Treatment Center/GCC
BUDGET AMENDMENT #: 06-0163
ADJUSTMENT DEBIT CREDIT
Governor's Crime Commission $20,351
Salaries and Wages $15,945
Social Security Taxes $375
Retirement-Local Government $720
Medical Insurance Expense $3,261
Long Term Disability $50
EXPLANATION: To adjust budget showing decrease in Governor's Crime Commission Grant funding. Decrease is
due to employee not beginning until mid-year.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
21
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22
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Budget Amendment
Consent Item #: 7.2 Estimated Time: Page Number:
DEPARTMENT: Department of Social Services
BUDGET AMENDMENT #: 06-0181
ADJUSTMENT DEBIT CREDIT
LINKS:
LINKS $30,000
Trust Funds $30,000
EXPLANATION: To budget additional Federal dollars to assist teenagers to become independent.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
23
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24
REGULAR AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
5:40 p.m. 1. Consideration of Proclamation to Designate the Month of May 2006 Foster 27
Care Awareness Month
5:45 p.m. 2. Consideration of Proclamation to Designate the Month of May 2006 Mental 29
Health Awareness Month
5:50 p.m. 3. Consideration of Proclamation to Designate the Month of May 2006 Bicycle 31
Awareness Month
5:55 p.m. 4. Presentation on the District Attorney's Compliter Cop Program 35
6:05 p.m. 5. Report on "Hands on Wilmington" 37
6: 10 p.m. 6. Consideration oflnterlocal Agreement with the City of Wilmington Regarding 41
the Parks and Green Space Bond
6:20 p.m. 7. Pliblic Hearing and Consideration of Revisions to the New Hanover COlinty 55
Code, Section Five: Animals & Fowl
6:35 p.m. 8.1 Pliblic Hearing 61
Rezoning - Reqliest by Bethany Presbyterian Church to rezone approximately
.44 acres from R-20 Residential District to 0&1 Office and Institlitional District
at 2311 Castle Hayne Road (2-832, 04/06)
6:45 p.m. 8.2 Pliblic Hearing 65
Rezoning - Reqliest by James McIntosh to rezone approximately .38 acres from
R-15 Residential District to B-2 Highway Blisiness District at 4007 Holly
Shelter Road (2-833, 04/06)
6:55 p.m. 8.3 Pliblic Hearing 69
Rezoning - Reqliest by Cindee Wolf for L&D Contracting, Inc to rezone
approximately 3.99 acres from R-15 Residential to CD B-1 Conditional Use
Neighborhood Blisiness District at 6215 Carolina Beach Road (2-837, 04/06)
7:10 p.m. 8.4 Pliblic Hearing 75
Rezoning - Reqliest by Kenneth A. Shanklin for Mason Landing Yacht Cllib,
LLC to rezone approximately 11.46 acres from R-20S Residential District to
CD R-15 Conditional Use Residential District at 2029 Tlirner Nursery Road
(2-838, 04/06)
7:35 p.m. Break
7:45 p.m. 8.5 Pliblic Hearing 81
Special Use Permit - Reqliest for a special lise permit by Kenneth A. Shanklin
for Mason Landing Yacht Cllib, LLC for a Commercial Marina containing 60
wet boat slips at 2029 Tlirner Nursery Road (S-556, 04/06)
25
8: 15 p.m. 8.6 Pliblic Hearing 101
Rezoning - Reqliest by Cindee Wolf for Donald and Rachel Thorning to rezone
approximately .52 acres from R-15 Residential District to B-2 Highway
Blisiness District at 5022 Carolina Beach Road (2-836, 04/06)
8:30 p.m. 8.7 Pliblic Hearing 105
Special Use Permit - Reqliest by David Ward concerning validity of original
Special Use Permit isslied at 1512 Blirnett Road (S-13, 06/71)
9:00 p.m. 9. Meeting of the Water and Sewer District 147
9:10 p.m. 10. Non-Agenda Items (limit three minlites)
9: 15 p.m. 11. Additional Items
COlinty Manager
COlinty Commissioners
Clerk to the Board
COlinty Attorney
9:30 p.m. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less
time, the Board will move forward until the agenda is completed.
26
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Regular Item #: 1 Estimated Time: Page Number:
Department: DSS Presenters: LaVaughn Nesmith, Wanda Marino
Contact: LaVaughn Nesmith
Item Does Not Require Review
SUBJECT:
Foster Care Awareness Month Proclamation
BRIEF SUMMARY:
Mr. Nesmith and staff will present a proclamation for Foster Care Awareness Month which takes place in May each year.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt proclamation.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
........
- --
Fosler Care AwareneB Proclamation. doc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
27
PROCLAMATION
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
FOSTER CARE AWARENESS MONTH
WHEREAS, in the United States there are approximately 518,000 children of all ages in foster
care and over 300 children from New Hanover County residing in foster homes, group homes and
hospitals; and
WHEREAS, it is the goal of this community to provide these children with safe, stable and
nurturing family environments; and
WHEREAS, foster parents come in all shapes, sizes, races and colors; some foster parents are
professionals and some are professional foster parents for special needs children; and
WHEREAS, society turns more and more to family foster homes to nurture the bodies and spirits
of children while social workers guide the parents to overcome their problems and deficiencies to
provide safe, permanent homes for the children to return to; and
WHEREAS, foster parents frequently adopt their foster children, which results in a continual
need for more foster families; and
WHEREAS, May is singled out as Foster Care Awareness Month to publicly recognize the
tremendous contribution made by foster parents to the child welfare system and to the lives of
children in that system.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that May 2006 be designated as
FOSTER CARE AWARENESS MONTH
and that the citizens of New Hanover County are encouraged to thank all foster mothers and
fathers for their commitment of time and talent to these precious children.
Adopted this, the 1st day of May 2006.
Robert G. Greer, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
28
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Regular Item #: 2 Estimated Time: Page Number:
Department: County Manager Presenter: Gordon Mcinnis
Contact: Bruce Shell
Item Does Not Require Review
SUBJECT:
Mental Health Awareness Month Proclamation
BRIEF SUMMARY:
The attached proclamation is submitted by Loralie Grigas, Regional Program Specialist with the Mental Health Association
in North Carolina. Attending with her on behalf of the Cape Fear Chapter of the Mental Health Association are Gordon
Mcinnis, Jerome Hemingway and Father Tim Reilly. Mr. Mcinnis is the Advisory Committee President and would like to
make brief remarks.
Mental illness can strike anyone; it knows no age limits, economic status, race, creed or color. In fact, during the course of
a year, more than 54 million Americans are affected by one or more mental disorders. Each year, during the month of May,
we work with our community partners to help raise awareness about mental health issues and to fight discrimination against
people with mental illness.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt proclamation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
,...",.
. --
MH PROCLJ..MA llON,doc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider proclamation.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
29
PROCLAMATION
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
MENTAL HEALTH AWARENESS MONTH
WHEREAS, mental health is essential to everyone's overall physical health and emotional well
being; and
WHEREAS, mental illness will strike one in five adults and children in a given year regardless
of age, gender, race, ethnicity, religion or economic status; and
WHEREAS, people who have mental illness can recover and lead full, productive lives; and
WHEREAS, an estimated two-thirds of adults and young people with mental health disorders are
not receiving the help they need; and
WHEREAS, the cost of untreated and mistreated mental illness and addictive disorders to
American businesses, governments and families has grown to $113 billion annually; and
WHEREAS, appropriate mental health care, with support from community agencies is the goal
of New Hanover County; and
WHEREAS, the Mental Health Association in North Carolina and its partners observe Mental
Health Month every May to raise awareness and understanding of mental health and illness.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that May 2006 be recognized as
MENTAL HEALTH AWARENESS MONTH
and that the Board calls upon the citizens, government agencies, public and private institutions,
businesses and schools in New Hanover County to recommit our community to increasing
awareness and understanding of mental health and the need for appropriate and accessible
services for all people with mental illnesses.
Adopted this, the 1st day of May 2006.
Robert G. Greer, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
_.~..- ------
30
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Regular Item #: 3 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Bicycle Awareness Month Proclamation
BRIEF SUMMARY:
May is "Bike Month" in New Hanover County. This year to commemorate Bike Month several activities will be held geared
towards raising awareness of bicycle facilities, safety and usage. May 1-5 is "Ride Your Bike to Work Week". Employees
are encouraged to ride their bikes to work as often as possible during this week. Prizes will be awarded to participants at
the end of the week. A corporate challenge between Corning, the City of Wilmington, New Hanover County, UNCW and
others will be held to encourage ridership through the competitive spirit.
On May 6 there will be numerous events to promote bicycle usage. A bike rodeo will be held at 8:30 a.m. at the parking lot
at the corner of Third and Chestnut Streets. Wilmington police officers will be on hand to help teach kids bicycle safety. At
9:00 a.m. a Custom Bicycle Chopper contest will be held. Awards will be given in numerous categories including custom,
restored or decorated bicycles. At 9:30 a.m. the Cape Fear Breeze Alternative Transportation Program and the Bicycle
Advisory Committee will be holding the annual "River to the Sea" ride. The ride follows the "River to the Sea" bike route
from downtown to Wrightsville Beach and back. A police escort will lead the ride and snacks will be served at the halfway
point. Everyone is encouraged to join us for one or all of these entertaining events.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
.......,
. -.
bike month reta,doc port city choppers DE
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
31
PROCLAMATION
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
BICYCLE AWARENESS MONTH
WHEREAS, the New Hanover County Board of Commissioners is committed to the
promotion of safe and convenient bicycling exercise, transportation and recreation; and
WHEREAS, New Hanover County is committed to promoting the safe use of bicycles
on the County's roads, bike routes and trailways; and
WHEREAS, education about bicycle safety and maintenance will encourage children
and adults to operate their bicycles in a safe manner on all bicycle and shared access
facilities; and
WHEREAS, the New Hanover County Board of Commissioners is committed to
alleviating traffic congestion and ensuring a clean and healthy environment; and
WHEREAS, a bike friendly community is committed to:
1. Good roads: Streets that can be shared by bikes and cars safely and conveniently.
2. Bicycle paths and trails: Paved and unpaved routes where youth and casual riders
can bicycle comfortably and safely.
3. Safety conscious bicyclists: Educated and experienced riders of all ages, who
share the road safely and confidently, obeying all traffic regulations.
4. Safety conscious motorists: Drivers who are alert to bicyclists and share the road
with them.
5. Well-planned neighborhoods: Neighborhoods that are conveniently linked to
promote bicycle travel between homes, schools, stores, libraries, recreational and
sport facilities, churches, beaches, and workplace destinations. Traffic
regulations and other controls that calm traffic in residential areas and other areas
frequented by children on bicycles.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that May 2006 be designated as
BICYCLE AWARENESS MONTH
and that the citizens of New Hanover County are encouraged to participate in the bicycle
month activities.
Adopted this, the 1st day of May 2006.
Robert G. Greer, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
32
FIlRST ANNUAL
J'ort <!Cit!' 7iic!,cle <!Cboppers <!Contest
Are you a man with a plan? A woman with a vision? How about a kid with custom sense?
Compete for bragging rights, a phat trophy, and mad prizes.
The Adult Division winner receives a $100 Gift Certificate to Two Wheeler Dealer (thanks to Coming Ine.!)
and the Junior \Vinner takes home a new bike.
Need a bikc or p;u1sP Try the Wrighlsville Beach Police Departmcnt public auction-April 22 al9 am, allhe
\Vrightsville Beaeh I'D (321 Causeway Drive).
C'mon-get building. Get busy.
Hosled by the Cape Fear Breeze Alternative Transportation Program &
NH Bicycle Advisory Committee. For in!(), call Cl41.4665 or visit www.cape[earbreeze.com.
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34
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Regular Item #: 4 Estimated Time: Page Number:
Department: County Manager Presenter: Ben David
Contact: Bruce Shell
SUBJECT:
District Attorney's Computer Cop Program
BRIEF SUMMARY:
District Attorney Ben David will explain the Computer Cop Program and its positive impact on the citizens of New Hanover
County. He will express his appreciation for the participation of New Hanover County and the City of Wilmington as part of
this important program and the benefits to the protection of children of New Hanover County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Listen to presentation.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Listen to presentation.
COMMISSIONERS' ACTIONS/COMMENTS:
Heard presentation.
35
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36
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Regular Item #: 5 Estimated Time: Page Number:
Department: Governing Body Presenter: Commissioner Nancy Pritchett
Contact: Bruce Shell
Item Does Not Require Review
SUBJECT:
Report on "Hands on Wilmington"
BRIEF SUMMARY:
Commissioner Pritchett participated in the first "Hands on Wilmington" project held on Saturday, April 22, 2006. 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. The
following work was completed by volunteers at Veterans Park:
. Planted 50 Loblolly Pine Trees
. Planted 150 Long Leaf Pine Trees
. Planted 30 Leyland Cypress Trees
. Installed 330 linear feet of Duxbury fencing behind the County softball field
A ceremony was held at the end of the day at Legion Stadium with remarks by Mayor Broadhurst and Commissioner
Pritchett.
The day highlighted the accomplishments that may be made by volunteers. Hundreds of volunteers participated. A
summary of the projects and volunteer groups is attached. Photos from the event will be shared during the report.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear report.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
,...''''
. --
Hands on Wilminglon.doc
ITEM DOES NOT REQUIRE REVIEW
37
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Hear report.
COMMISSIONERS' ACTIONS/COMMENTS:
Heard report.
38
"Hands on Wilmington" Project
Organization Project
Ca e Fear Volunteer Center
Coastal Area Health Education
Carousel Center
Yahweh Center Children's Village
Dreams of Wilmington Center for Arts
Education
YWCA
Celebrate the Arts/Cit of Wilmin ton deck mural
Food Bank of Central and Eastern North
Carolina
MADD
Ca e Fear Literac Council
Gregory School for Science, Math and
Technolo
Parsle Elementa School
Salvation Arm
Child Advocac Commission
Tileston Outreach Clinic
Famil Nei hborhood Institute
Domestic Violence
YMCA
N/A
Wilmington Housing Authority
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40
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Regular Item #: 6 Estimated Time: Page Number:
Department: County Manager Presenter: Bruce Shell
Contact: Dave Weaver
SUBJECT:
Consideration of Interlocal Agreement with the City of Wilmington for the Parks Bond Referendum
BRIEF SUMMARY:
The attached draft interlocal agreement would govern how the County and the City of Wilmington would manage the Parks
Bond money if the May 2 referendum passes, with regard to such issues as payment of debt service. A memo is attached
outlining the basics of the referendum.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the Commissioners adopt the interlocal agreement.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
,...",.
. --
inlerlocal bonds. doc
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
41
NEW HANOVER COUNTY
INTER-OFFICE MEMORANDUM
New Hanover County
NORTH':'C^ROLJNA
DATE: April 18, 2006
TO: Board of Commissioners
FROM: Bruce T. Shell, COlinty Manager~
SUBJECT: May 2, 2006 Bond Issue Interlocal Agreement with City of Wilmington
As YOli know, the County and City are working together on the Parks Bond Referendum. An
interlocal agreement between the City and County (attached) clarifying this arrangement will be
considered by the City COlincil tonight and the Board of COlinty Commissioners on May I, 2006.
The disclission by both Boards and media coverage sholild help edlicate the public on this
important isslie.
The major points are as follows:
. $35.5 Million Bond Isslie - County pays $18.05 million, City pays $] 7.45 million.
. County will issue debt. City will pay COlinty the City portion of debt service 49.15% of
issuance. (County 50.85%)
. City will manage $21.1 million of issuance seeking draw reqliests from County during
purchasel construction.
. City shall be responsible for maintenance of City projects and joint projects.
. City shall own such property with joint City/Colinty signage.
. COlinty shall own COlinty projects.
. Projects incllide $13.8 million COlinty, $13.6 million City, $7.5 million joint
COlintylCity, and $.6 million for beach commlinities.
An agenda item for May 1,2006 will address the merits of this proposal. If you should have
questions, please give me a call.
Bruce T. Shell 910-798-7184
County Manager FAX: 910-798-7277
----------- -----.---.--
42
STATE OF NORTH CAROLINA
INTERLOCAL AGREEMENT
COUNTY OF NEW HANOVER
This Interlocal Agreement (hereinafter referred to as
the "Agreement") is entered into this the day of
-
, 2006, by and between New Hanover COlinty,
North Carolina, a political slibdivision of the State of
North Carolina ("County") ; and the City of Wilmington,
North Carolina, a North Carolina municipal corporation
("City") . The COlinty and City are collectively referred to
as "Parties") .
WIT N E SSE T H:
WHEREAS, the Wilmington City Council was considering a
parks and green space general obligation bond referendum
for May, 2006 in the amount of $21,100,000.00. The
proposed bond issue was intended to fund the project set
forth in Exhibit "A" attached hereto and incorporated
herein by reference; and
WHEREAS, the New Hanover County Board of Commissioners
have also proposed a parks, green space and cultural
activities general obligation bond referendlim for May,
2006; and
WHEREAS, the City and COlinty recognize the importance
of parks, green space and cultliral activities to the
-_.~_.
43
qliality of life of area residents and the attractiveness of
Wilmington and New Hanover COlinty to visitors: and
WHEREAS, the Wilmington City Council and the New
Hanover COlinty Board of Commissioners further recognize the
importance of working cooperatively to effectively and
efficiently meet the growing needs of the residents of the
City of Wilmington and New Hanover COlinty: and
WHEREAS, the Wilmington City Council has agreed not to
call for a bond referendum and New Hanover County has
agreed to call for a bond referendum to provide funding for
certain County Projects, City Projects and Joint
City/County Projects as set forth in Exhibit "B" attached
hereto and incorporated herein by reference: and
WHEREAS, the City and COlinty desire to set forth their
understanding about the expenditlire of bond proceeds,
responsibility for bond flinded projects and the payment of
debt service on slich bonds: and
WHEREAS, the City and COlinty are authorized pursliant
to G.S. 160A-460, et ~. to enter into agreements for the
joint exercise of any power, function, right, privilege or
immunity of local government;
NOW, THEREFORE, for and in consideration of the
premises and other good and valuable consideration set
forth herein, the Parties hereby agree as follows:
2
44
1. Plirpose of Agreement:
The purpose of this Agreement is to set forth the
procedures for the issliance of general obligation bonds to
flind the City Projects and the Joint City/County Projects
(hereafter "Joint Projects") set forth in Exhibit "B".
(The "City Projects" and the "Joint Projects" collectively
are referred to herein as the "Projects".) In addition,
the Parties desire to set forth their responsibilities for
the constrliction and management of the Projects and the
payment of debt service on bonds used to flind slich
Projects.
2. Procedures for Issuance of Bonds:
After approval by the voters of New Hanover COlinty at
the May, 2006 bond referendum, the County agrees to provide
flinds to the City for the cost of the City Projects and
Joint Projects from the sale of general obligation bonds.
The City and County shall develop a schedule for the
issliance of the bonds based on the estimated time for
commencement and completion of the Projects. The schedule
shall provide for the issuance of the bonds within the time
reqliired by G.S. 159-64. The City and County both
recognize that certain information, including engineering
studies, may be reqliired by the North Carolina Local
Government Commission prior to the issuance of slich bonds.
3
----~-_._---------
45
The City and COlinty will cooperate in providing slich
necessary information as required for the issuance of the
bonds.
3. Financing of the Projects and Payment of the
Bonds:
a. Through the issuance of general obligation bonds
from time to time, the County agrees to pay up to
$21,100,000 for the City Projects and the Joint Projects.
The City shall be obligated to pay debt service on up to
$13,600,000 for the City Projects and lip to $3,850,000 for
the Joint Projects. The City's debt service payment
obligation for the Joint Projects shall be based on the
ratio of City to County Cost set forth in Exhibit "B".
Debt service on the County Cost of the Joint Projects shall
be paid by the County.
b. Prior to the issuance of any general obligation
bonds, the City and COlinty shall enter into an addendum to
this Interlocal Agreement that describes the amount of the
bonds to be isslied, the purpose of the bonds and the City's
agreement to flind the City Projects and the City's portion
of the Joint Projects through the payment of principal,
interest and administrative costs relating to the bonds.
The form of the Addendlim is set forth in Exhibit "C"
attached hereto and incorporated herein by reference. The
4
46
City and County shall share in the cost associated with the
issliance of the bonds with the COlinty paying 50.85% and the
City paying 49.15% of the issliance cost.
c. The COlinty shall pay the cost of the Projects
based on written draw reqliests from the City.
4. Responsibility for Constrliction, Maintenance and
Operation of City Projects and Joint Projects:
The City shall be responsible for the acquisition of
property and construction necessary for the City Projects
and the Joint Projects. Upon completion of the Projects
the City shall be responsible for the operation and
maintenance of the Projects.
The City shall provide necessary personnel for slich
operation and maintenance. The City shall own all real and
personal property associated with the City Projects and
Joint Projects.
Signage shall be posted identifying City/County joint
participation in development of parks, recreational
facilities and green space flinded with bond proceeds.
5. Term:
Unless sooner terminated as provided herein, this
Agreement shall become effective upon execution and shall
extend for a term equal to the term of any bonds isslied to
5
47
fund the City Projects or Joint Projects.
6. Termination:
Prior to the issuance of any bonds as described in
this Agreement, this Agreement may be terminated for cause
at any time by any of the Parties if the breaching party
fails to cure any material breach of this Agreement within
ninety (90) calendar days after being notified in writing
of the breach. After the issliance of any bonds as
described herein, this Agreement and the obligation to make
any payments of debt service shall not be terminated except
by mutlial agreement of the Parties.
7. Limited Obligation of County and City:
No provision of this Agreement shall be constrlied or
interpreted as creating a pledge of the faith and credit of
the County or the City within the meaning of any
constitutional debt limitation. No provision of this
Agreement shall be constrlied or interpreted as a contract
reqliiring the COlinty or the City to undertake any
legislative act or exercise any governmental power except
as authorized by G.S. 160A-460 et seq. and North Carolina
law. This Agreement is governmental in nature, for the
benefit of the public, and is not intended to be for
private profit or gain and no party intends to waive its
sovereign immunity by reason of this Agreement. To the
6
48
extent of any conflict between this section and any other
provision of this Agreement, this section shall take
priority.
8. Notices:
Except as otherwise may be provided herein, all
notices, claims, certificates, requests, demands and other
communications hereunder shall be in writing and shall be
deemed to have been duly given when hand delivered or sent
by facsimile transmission (with receipt confirmed) by one
Party to the other, or when deposited by one Party with the
United States Postal Service or other national overnight
delivery service, postage prepaid, and addressed to the
other Party as follows:
(a) If to County:
County Manager
New Hanover County
320 Chestnut Street
Wilmington, NC 28401
(b) It to City:
City Manager
City of Wilmington
P.o. Box 1810
Wilmington, NC 28402
9. Amendment of Agreement:
This agreement may be amended or modified lipon mlitual
agreement of the Parties, provided that any such amendment
shall be reduced to writing and signed by the Parties to
this Agreement.
7
-------
49
10. Entire Agreement:
This Agreement constitutes the entire linderstanding of
the Parties with respect to the subject matter herein and
slipersedes all prior disclissions and written and oral
agreements with respect thereto.
II. Binding Effect:
This Agreement shall be binding upon the successors,
assigns, agents, officials, employees, independent
contractors and contractors of the Parties.
12. Continuing Obligation:
The Parties shall make and execute all further
instruments and docliments reasonably reqliired to carry Olit
the purposes and intent of this Agreement.
13. Reference:
Use of the masculine herein includes the feminine and
neliter; singlilar includes plural; and captions and headings
are inserted for convenience of reference and do not
define, describe, extend or limit the scope or intent of
this Agreement.
14. Interpretation:
All of the terms and conditions contained herein shall
be interpreted in accordance with the laws of the State of
North Carolina. In the event of a conflict between the
variolis terms and conditions contained herein or between
8
50
these terms and other applicable provisions, then the more
particular shall prevail over the general and the more
stringent or higher standard shall prevail over the less
stringent or lower standard.
15. Saving Clause:
If any section, subsection, paragraph, sentence,
clause, phrase or portion of this agreement is for any
reason held invalid, unlawful, or unconstitutional by any
court of competent jurisdiction, slich portion shall be
deemed severable and such holding shall not affect the
validity of the remaining portions hereof.
16. Waiver:
The failure of any of the Parties to insist upon the
performance of any of the terms and conditions of this
Agreement, or the waiver by one of the Parties of any
breach of any of the terms and conditions of this
Agreement, shall not be constrlied as thereafter waiving any
terms and conditions, blit the same shall continue and
remain in flill force and effect as if no forbearance or
waiver had occurred.
17 . Limitation of Authority:
Except as explicitly allowed by this Agreement, the
9
51
City or County or their employees and agents, shall not
make any contract, agreement, warranty, or representation
on behalf of or in the name of another Party.
18. Counterparts:
Any number of counterparts of this Agreement may be
signed and delivered, each of which shall be considered an
original and which together shall constitute but one
agreement.
IN WITNESS WHEREOF, the parties hereto have executed
this Interlocal Agreement as of the day and year first
above written.
NEW HANOVER COUNTY ATTEST:
By:
Chairman Clerk to Board
This instrument has been
Pre-alidited in the manner
Required by the Local
Government Budget and
Fiscal Control Act. Approved as to Form
County Finance Officer County Attorney
CITY OF WILMINGTON ATTEST:
10
-------- --.--.----- --
52
By:
Mayor City Clerk
This instrument has been
Pre-alidited in the manner
Required by the Local
Government Blidget and
Fiscal Control Act. Approved as to Form
City Finance Officer City Attorney
020306L/lnterlocalBondsAgmt/U
11
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54
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Regular Item #: 7 Estimated Time: Page Number:
Department: Health Presenter: Dr. Jean McNeil, ACS Manager
Contact: Jean McNeil, ACS Manager
SUBJECT:
Public Hearing and Consideration of Revisions to the New Hanover County Code, Section Five: Animals & Fowl
BRIEF SUMMARY:
Modifications andlor additions to the code, as outlined in the attached memo, are necessary to enhance the overall
effectiveness of staff in ensuring the care and safety of animals and our residents. These have been reviewed and
approved by Legal staff, Animal Control Advisory Board, the New Hanover County Board of Health Executive Committee
and the full Board of Health. The Board of Health approved the proposed modifications at its regular meeting on April 5,
2006.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the Revisions to the New Hanover County Code, Section Five: Animals and Fowl.
Funding Source: N/A
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
""...,
. --
ACS Ordinance Changes 4-24-06 final. doc
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
The six proposed revisions were voted on separately as follows:
1. Approved 5-0: Definition of 'Severe Injliry' changed from $100 in medical treatment to $250
2. Approved 5-0: Spay/Neuter Option Upon Dangerolis or Potentially Dangerolis Dog Determination
55
3. Approved 5-0: Creation of a Specific Kennel Size Requirement
4. Approved 5-0: Replace Voice Control with Actual Leash Law in All County Areas
5. Approved 5-0: Proposed Addition of Spay/Neuter Reqliirement for all Agencies Adopting Animals in New Hanover COlinty
6. Referred back to Legal 5-0 to review possible liability concerns: Confiscation of Pets Whose Owners Are Indisposed
56
TO: New Hanover County Commissioners
FROM: Jean McNeil, Animal Control Services Manager
Holt Moore, Assistant County Attorney
RE: Suggested Revisions to Animal Control Services Ordinance
DATE: April 24, 2006
The primary goal of New Hanover COlinty Animal Control Services (ACS) is to
provide a safe community for the citizens and animals of our area. The changes outlined
below reflect careful consideration from each review grolip to better assist us in the
performance of Olir dlities as a cOlinty agency. This is incllisive of those who are pet
owners as well as those who do not have personal companion animals. Each citizen is
served by our division regardless of pet ownership.
1. Definition of 'Severe Iniury' chanl!ed from $100 in medical treatment to $250
Rationale: Almost any injury from an animal will cause $100 in medical treatment, given
the current cost of medical care. ThliS, from staffs perspective, a $250 requirement
would be more in line with what wOlild actlially be an injury sufficient to warrant
deeming a dog dangerous or potentially dangerolis.
PROPOSED CHANGE:
Sec. 5-61. Definitions.
Severe injury means aRY physieal iHjl:ll)' that results iR broileR bORes or laeeratioRs or
requires cosmetio Sl:lfgery or hospitalizatioR, the eost of Sl:Il;)h medical treatmeiHt exceeding
$H>O.OO. any physical injury that results in medical treatment exceeding the cost of $250.00
or more.
2. SpavlNeuter Option Upon Dan!!erous or Potentiallv Dan!!erous DOl!
Determination
Rationale: This wOlild only apply to dogs that have already been deemed dangerous or
potentially dangerolis and have violated the terms resulting from having been deemed as
such. Spayinglnelitering generally redlices the aggressive nature of dogs and has been
shown to lessen the likelihood they will attack another animal or a person. The additional
langliage is in bold.
--.-.-.------.-...--------
57
PROPOSED CHANGE:
Sec. 5-65. Violation of conditions; euthanization.
(a) Animal Control Services may take possession of any dog concerning whom it
has cause to believe an owner has violated section 5-64. For this plirpose, the
reqliirement for sufficient calise shall be satisfied if an officer observes the violation or if
Animal Control Services obtains an affidavit setting forth the violation. In the event
that a dog which has been determined dangerous or potentially dangerous receives a
final determination that it has violated the conditions imposed pursuant to 5-64, the
dog must be surgically sterilized. An owner who violates section 5-64 in a willful or
negligent manner may be found by the committee to have forfeited all rights or
ownership of the dog; and upon final determination of such violation, the dog may be
humanely elithanized by animal control.
3. Creation of a Specific Kennel Size Requirement
Rationale: This would create a minimlim kennel size of 8' x la' for each dog weighing
less than 25 ponnds, and a minimum of 10' x 10' for each dog greater than 25 pounds.
The reasoning is to ensure humanely sized kennels for dogs.
PROPOSED NEW ORDINANCE:
Sec. 5-4. Definitions.
(This definition would be placed after the definition for neutered male.)
Outside enclosure means a pen large enough to provide each dog less than 25
pounds with a kennel of at least 8' x 10' in size, and to provide each dog weighing 25
pounds or greater with a kennel of at least 10' x 10' in size. Animal Control
Services reserves the right to determine if a space is considered suitable for the
number and size of dogs housed in an outdoor enclosure.
4. Replace Voice Control with Actual Leash Law in All County Areas
Rationale: Clirrently, in the linincorporated cOlinty, a dog mlist only be lindeI' the "voice
control" of its owner or a responsible adult. This amendment would reqliire that a dog be
on a leash when not on its owner's property. The reasoning is that the county has become
too lirban for the voice control option to be effective.
58
PROPOSED CHANGE:
Sec. 5-4. Definitions.
Restraint means the state of an animal a dog if it is controlled by means of a
leash, or is sufficiently near the O'Nner or handler to be under his direct eontrol and is
obedient to that person's command, or is on or within a vehicle being driven or parked, or
is within a secure enclosure. Exceptions to restraint are as follows: Organized and lawflil
animal dog functions; e.g., hlinting, obedience training, field and water training, law
enforcement training and/or in the pursliit of working or competing in those legal
endeavors. When a dog is on the property of its ovmer or guardian it shall be seeured
when Rot supervised by a competent per:iOR. Dogs shall be maintained securely on the
property of their owner. Ropes, chains and the like shall not constitute adequate
security under this chapter.
5. Proposed Addition of SpavINeuter Requirement for all A~encies Adoptin~
Animals in New Hanover County.
Rationale: This requirement wOlild address entities adopting out animals without having
them spayed or neutered first. The practice of adopting out animals that have not been
spayed or nelitered has been, from ACS staffs perspective, one of the primary
contriblitors to overpoplilation in the cOlinty.
PROPOSED NEW ORDINANCE:
Sec. 5-27 Proof of sterilization of animals adopted in New Hanover County
Any group, organization, or entity offeriug animals for adoption in New
Hanover County must provide proof of sterilization for every animal prior to
adoption.
6. Confiscation of Pets Whose Owners Are Indisposed
Rationale: This provision would allow ACS staff to confiscate animals that have been
left unattended or in dire circumstances, such as a warm vehicle without ventilation,
owner illness, incarceration, or other involuntary condition. The owner wOlild be able to
retrieve their animal from ACS shelter, after paying a $150 citation, any medical fees,
and any boarding fees. The proposed additionallangliage is in bold.
-- -- _._-_._-----_._--_._~--------- -_.._~--~
59
PROPOSED ADDITIONS:
Section 5-16(a). Impounding Animals - Authorized
(a) Authorized. Any animal which is lost, stray or linwanted or any dog or cat which is
found not wearing a clirrently valid county license/rabies vaccination tag, as required
by state law or this chapter, or any dog or cat found being treated inhlimanely, shall
be confined at animal control in a hlimane manner for a period of five business days
for redemption by the owner or otherwise disposed of as provided in this section. In
the event that an animal is left in a vehicle in such a manner as to cause the
animal to be in a state of physical distress, or under such conditions as will
quickly cause the animal to reach a state of distress or physical danger, Animal
Control Services shall be authorized to remove the animal from the vehicle.
There shall be a $150 fine for such removal, and the owner may retrieve the
animal from the animal control facility upon payment of the fine, any medical
fees, and any boarding costs.
60
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Regular Item #: 8.1 Estimated Time: Page Number:
Department: Planning Presenter: Planning Staff
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
Rezoning - Request by Bethany Presbyterian Church to rezone approximately .44 acres from R-20 Residential
District to 0&1 Office and Institutional District at 2311 Castle Hayne Road (Z-832, 04/06). The Planning Board voted
7 -0 to recommend approval.
BRIEF SUMMARY:
The New Hanover County Planning Board voted unanimously (7 to 0) to recommend approval to rezone approximately .44
acres from R-20 Residential to 0&1 Office and Institutional District at 2311 Castle Hayne Road (Z-832, 04/06). The Board
also noted that any development permits required needed to address the drainage issues with Wild Cat Branch.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve or deny the petition.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ iii
:" .: =.:~~.~~~
n_....__
Z.832.Staff Summar~r'-doc z- 832 -Peti tion Sum Hard copy of Aerial Map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
61
CASE; Z-832, 04/06; PETITIONER: Bethany Presbyterian Church
REQUEST: R-20 Residential to 0&1 Office and Institutional
ACREAGE: .44
LOCATION: 2311 Castle Hayne Road
LAND CLASS: Transition-The purpose ofthe Transition class is to provide for
future intensive urban development on lands that have been or
will be provided with necessary urban services. The location of
these areas is based upon land use planning policies requiring
optimum efficiency in land utilization and public service
delivery .
PLANNING BOARD ACTION
The New Hanover County Planning Board unanimously voted 7 to 0 to recommend
approval to rezone approximately .44 acres from R-20 Residential to 0&1 Office and
Institutional District at 2311 Castle Hayne Road (Z-832, 04/06). The Board also noted that
any development permits required needed to address the drainage issues with Wild Cat
Branch.
STAFF SUMMARY
The subject property is located approximately Yo 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. The
large tract is zoned 0&1 Office and Institutional. Later, the church acquired the subject property,
which is directly west of the 0&1 tract, with the zoning ofR-20. They now desire both properties
to have 0&1 zoning. The property to the east, across Castle Hayne Road, is also zoned 0&1. The
property directly north is zoned 0&1. The property directly south, which contains the church, is
zoned R-20.
Last month the Planning Board approved a special use permit for Dr. Brad Kerr to operate a
veterinary office on the 0&1 zoned property. The Board of Commissioners hears that case at the
April 6th 2006 meeting.
Staffs recommendation is that the Planning Board approves the request to rezone approximately
.44 acres from R-20 Residential to 0&1 Office and lnstitutional and eliminate the split zoning on
this tract ofland. The 0&1 zoning provides for a transition ofland uses between residential and
heavier commercial land uses.
62
Case: Z-832, 04/06
Petition Summary Data
Owner/Petitioner: Bethany Presbyterian Church
Existing Land Use: Vacant
Zoning History: July 1, 1974 (Area lOA)
Land Classification: Transition
Water Type: Well
Sewer Type: Septic
Recreation Area: Cape Fear Optimist Park
Access & Traffic Volume: 20,894 ADT (Nov 2004 MPO Count)
Castle Hayne Road and 23rd Street
Fire District: Wrightsboro VFD
Watershed & Water Qualitv Classification: Thistle Creek
Aquifer Recharge Area: Second Recharge Area
ConservationlHistoricl Archaeological Resources: NI A
Soils: Johnston, Onslow
Septic Suitability: Severe, Wetness
Schools: Parsley Elementary
~_.- _____.._____u..____.__ ---'-- '-
63
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64
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Regular Item #: 8.2 Estimated Time: Page Number:
Department: Planning Presenter: Planning Staff
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
Rezoning - Request by James Mcintosh to rezone approximately .38 acres from R-15 Residential District to B-2
Highway Business District at 4007 Holly Shelter Road (Z-833, 04/06). The Planning Board voted 7-0 to recommend
approval.
BRIEF SUMMARY:
The New Hanover County Planning Board voted unanimously (7 to 0) to recommend approval to rezone .5 acres of property
located at 4007 Holly Shelter Road from R-15 Residential to B-2 Highway Business District, including the adjacent road
rig ht -of-way.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve or deny the petition.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ iii
_....n__
Z.833.SlaffSummary.doc Z-833-Petition SUffiI
Hard copy of aerial map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
65
CASE: Z-833, 04/06; PETITIONER: James McIntosh
REQUEST: R-15 Residential to B-2 Highway Business
ACREAGE: .38
LOCATION: 4007 Holly Shelter Road
LAND CLASS: Community-The purpose of the Community class is to provide
for a village type of development to help meet housing,
shopping, employment and public service needs within the
more rural areas of the County. Services may be provided to
these areas. These formerly rural areas of the planning
jurisdiction are typically characterized by a small grouping of
mixed land uses, such as community shopping, strip
commercial, church, school and residences, which provide low
intensity retail service and housing opportunities.
PLANNING BOARD ACTION
The New Hanover County Planning Board unanimously voted 7 to 0 to recommend
approval to rezone .5 acres of property located at 4007 Holly Shelter Road from R-15
Residential to B-2 Highway Business District, including the adjacent road right-of-way.
STAFF SUMMARY
The subject property is located approximately 250 feet east of the intersection Castle Hayne and
Holly Shelter Road. The subject property has a split zoning; B-2 on the west portion and R-15 on
the east portion. The split zoning is fairly common for properties along Castle Hayne Road. 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. Surrounding land uses include a
convenience store abutting the subject property to the west, 0&1 Office and Institutional office to
the east, a pre-owned car lot to the south; across Holly Shelter Road, and vacant property with
some metal storage units to the north of the subject property.
Staffs recommendation is that the Planning Board approves the request to rezone the balance of
the property from R- 15 Residential to B-2 Highway Business, recognizing the commercial
potential for the intersection in Castle Hayne.
"--
66
Case: Z-833, 04/06
Petition Summary Data
Owner/Petitioner: James McIntosh
Existing Land Use: Single family residential
Zoning History: July 1, 1985 (Castle Hayne)
Land Classification: Community
Water Type: Well
Sewer Type: Septic
Recreation Area: Riverside Park
Access & Traffic Volume: 20,894 ADT (Nov 2004 MPO Count)
Castle Hayne Road
Fire District: Castle Hayne VFD
Watershed & Water Quality Classification: Prince George's Creek
Aquifer Recharge Area: Secondary Recharge Area
ConservationlHistoric/ Archaeological Resources: N/ A
Soils: Kenansville fine sand
Septic Suitability: Suitable, slight limitation
Schools: Alderman Elementary
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68
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Regular Item #: 8.3 Estimated Time: Page Number:
Department: Planning Presenter: Planning Staff
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
Rezoning - Request by Cindee Wolf for l&D Contracting, Inc. to rezone approximately 3.99 acres from R-15
Residential to CD B-1 Conditional Use Neighborhood Business District at 6215 Carolina Beach Road (Z-837, 04106).
The Planning Board voted 7-0 to recommend approval with modifications.
BRIEF SUMMARY:
The New Hanover County Planning Board voted unanimously (7 to 0) to recommend approval to rezone a portion of the
property located at 6215 Carolina Beach Road from R-15 Residential to CD B-1 Conditional Use Neighborhood Business
District. The Board recommended the district be extended approximately 600 feet east of the property line located at
Carolina Beach Road. The following conditions were placed on the rezoning:
1. The applicant must meet all the zoning requirements for New Hanover County and correct any current violations as
well as remedy any drainage deficiencies.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve or deny the conditional use rezoning portion of the request.
If the zoning is approved, the County Commissioners must approve or approve with conditions the accompanying special
use permit.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~ iii
""11
..'1
."".... :-" Z-837 Slaff Summary.doe Z-837 Staff Findings of Faetdoc Z - 83 7 - Peti tion SUffiI Hard copy of aerial map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved the rezoning 5-0. Approved the conditional use permit 5-0.
69
CASE: Z-837, 04/06 APPLICANT: Land D Contracting
REQUEST: R-15 Residential to B-1 CD Neighborhood Business Conditional Use for a
Retail Nursery, Garden Shop, Florist and Gift Shop
ACREAGE: 3.99 Acres
LOCATION: 6215 Carolina Beach Road
LAND CLASS: Transition-The purpose of the Transition Class is to provide for future
intensive urban development on lands that have been or will be provided
with necessary urban services. The location of these areas is based upon
land use planning policies requiring optimum efficiency in land utilization
and public service delivery.
PLANNING BOARD ACTION
The New Hanover County Planning Board unanimously voted 7 to 0 to recommend approval
to rezone a portion of the property located at 6215 Carolina Beach Road from R-15
Residential to CD B-1 Conditional Use Neighborhood Business District. The Board
recommended the district be extended approximately 600 feet east of the property line
located at Carolina Beach Road. The following conditions were placed on the rezoning:
1. 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 SUMMARY:
The property is located approximately 1 mile south from the intersection of Sanders Road and
Carolina Beach Road. Properties to the north, south, west and east are zoned R-] 5 Residential.
However, within 'I. mile of the subject property several properties 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
SU-098-C06-79 was granted in 1979 for a gift shop in the front corner. The original use is now
non-conforming. An attempt to rezone the property from R-15 to B-2 occurred in January of 2000.
The item was continued by the applicant, Steven Coats, and never revisited by the Planning Board.
According to the applicant, they recently purchased the nursery, which had several zoning and
building code issues that could be corrected with this zoning change.
In recognizing the residential potential of the rear portions of these properties fronting along
Carolina Beach road, staff recommends that the front 400 feet be rezoned to 8-1 CD Neighborhood
Business Conditional Use. This will 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.
___..___u.___.__
70
CASE: Z-837,04/06 APPLICANT: Land D Contracting
REQUEST: R-15 Residential to B-1 CD Neighborhood Business Conditional Use for a
Retail Nursery, Garden Shop, Florist and Gift Shop
Preliminary Staff Findings
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 ] OO-year flood area.
C. Access to the property is from US 42], 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 ] 3 three-inch caliper shade trees and 78 twelve-inch
shrubs.
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 20 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- I CD zoning districts exist further south along Carolina Beach
Road.
--"------ --~-----
71
Suggested Conditions
A. The applicant must meet all of the zoning requirements for New Hanover County
and correct any current violations.
-~_._- __m__________ ..- -------"--_._,~ --,....-..-
72
Case: Z-837, 04/06
Petition Summary Data
Owner/Petitioner: L and D Contracting
Existing Land Use: Wholesale Nursery, gift shop
Zoning Historv: April 7, 1972 (4)
Land Classification: Transition
Water Tvpe: Well
Sewer Type: Septic
Recreation Area: Carolina Beach Road Park
Access & Traffic Volume: 37,797 ADT (2005) Carolina Beach/Sanders
Intersection
Fire District: Myrtle Grove VFD
Watershed & Water Qualitv Classification: Everett's Creek
Aquifer Recharge Area: Secondary Recharge Area
ConservationlHistoric/ Archaeological Resources: N/ A
Soils: Leon and Kureb sand
Septic Suitability: Severe limitations to suitable
Schools: Bellamy Elementary
~~---- -------_.._~~----
73
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74
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Regular Item #: 8.4 Estimated Time: Page Number:
Department: Planning Presenter: Planning Staff
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
Rezoning - Request by Kenneth A. Shanklin for Mason Landing Yacht Club, LLC to rezone approximately 11.46
acres from R-20S Residential District to CD R-15 Conditional Use Residential District at 2029 Turner Nursery Road
(Z-838, 04/06). The Planning Board voted 6-1 to recommend approval.
BRIEF SUMMARY:
The New Hanover County Planning Board voted 6 to 1 to recommend approval to rezone approximately 11.46 acres from
R-20S Residential to CD R-15 Conditional Use Residential District at 2029 Turner Nursery Road (Z-838, 04/06). The Board
placed the following conditions on the conditional use rezoning.
1. No overhead lighting on the marina facility.
2. The entrance sign must meet the current zoning ordinance requirements.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve or deny the conditional use rezoning portion of the request.
If the zoning is approved, the County Commissioners must approve or approve with conditions the accompanying special
use permit.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~ iii
,...IJ
'.'1
n."".. :-.. Z-838 Staff Summary.doc Z-838-Staff Findings of Fael-doe Z - 83 8 - Peti tion SumHard copy of aerial map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved the zoning change as presented by staff 4-1, Pritchett opposing.
Approved the conditional use permit 4-1, Pritchett opposing.
75
CASE: Z-838, 4/06 APPLICANT: Mason Landing Yacht Club
REQUEST: R-20S Residential to CD R-15 Residential for 25 residential units
ACREAGE: 11.46 Acres
LOCATION: 2029 Turner Nursery Road
LAND CLASS: Watershed resource Protection and Conservation-The purpose of the
Conservation class is to provide for effective long-term management and
protection of significant, limited or irreplaceable natural resources while
also protecting the rights of the property owner. Management of these
areas may be required for a number of reasons, including natural, cultural,
recreational, productive or scenic values, but are primarily flood prone
areas.
PLANNING BOARD ACTION
The New Hanover County Planning Board voted 6 to 1 to recommend approval to rezone
approximately 11.46 acres from R-20S Residential to CD R-15 Conditional Use Residential
District at 2029 Turner Nursery Road (Z-838, 04/06). The Board placed the following
conditions on the conditional use rezoning.
1. No overhead lighting on the marina facility.
2. The entrance sign must meet the current zoning ordinance requirements.
STAFF SUMMARY:
The property is located on Turner Nursery Road approximately Y4 mile east from Middle Sound
Loop Road. The current land use on the site is a commercial marina (formally Johnson's Marina).
All of the surrounding properties are 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. This 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%.
------------------ --
76
CASE: Z-838, 4/06 APPLICANT: Mason Landing Yacht Club
REQUEST: R-20S Residential to CD R-15 Residential for 25 residential units
Preliminary Staff Findings
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 I aD-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 25 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.
Suggested Conditions
A. The current availability of public access to the Intracoastal Waterway needs to be
preserved.
B. The entrance sign must meet the current zoning regulations.
c. No overhead lighting in the marina.
-- -------
77
Case: Z-838, 04/06
Petition Summary Data
Owner/Petitioner: Mason Landing Yacht Club
Existing Land Use: Commercial Marina
Zoning History: May 18, 1970 (#3)
Land Classification: Watershed Resource Protection and Conservation
Water Type: Carolina Utilities (private)
Sewer Type: County Sewer
Recreation Area: Ogden Park
Access & Traffic Volume: Middle Sound Loop and Bailey Roads-l 06 ADT
(04/05)
Fire District: Ogden VFD
Watershed & Water Quality Classification: Intracoastal Waterway, Pages Creek-
SA waters
Aquifer Recharge Area: Shallow water table, fresh water over salty water
ConservationlHistoric/ Archaeological Resources: N/ A
Soils: Lakeland sand, Leon soil-Class I and Class III respectively
Septic Suitability: Suitable to least suitable
Schools: Ogden Elementary
- - - ------..-------.-.--. --------~-'_..._..._- '---.--.--
78
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79
This page intentionally left blank.
80
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Regular Item #: 8.5 Estimated Time: Page Number:
Department: Planning Presenter: Planning Staff
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
Special Use Permit-Request for a special use permit by Kenneth A. Shanklin for Mason landing Yacht Club, llC
for a Commercial Marina containing 60 wet boat slips at 2029 Turner Nursery Road (S-556, 04/06). The Planning
Board voted 6-1 to recommend approval.
BRIEF SUMMARY:
The New Hanover County Planning Board voted 6 to 1 to recommend approval for a Special Use Permit for a 60-slip
Commercial Marina in a CD R-15 Conditional Use Residential District at 2029 Turner Nursery Road (S-556, 04/06). The
Board placed the following conditions on the permit.
1. No overhead lighting on the marina facility.
2. The entrance sign must meet the current zoning ordinance requirements.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve, approve with conditions, or deny the Special Use Permit.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ iii
"..m
"'I
:... S-556 Finding of Facts-Re.....ised,doc S - 556 - Peti tion SUffilcoPy of aerial map, site plan, and additional backup materials.
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved as presented by staff, with an additional condition that the sale of gas is not permitted, by a vote of 3-2, Davis
and Pritchett opposing.
81
Case: S-556, 04/06
APPLICANT: Mason Landing Yacht Club
REQUEST: Special Use Permit for a Commercial Marina-60 Slips
ACREAGE: 11.46 Acres
LOCATION: 2029 Turner Nursery Road
PLANNING BOARD ACTION
The New Hanover County Planning Board voted 6 to 1 to recommend approval for a Special Use
Permit for a 60-slip Commercial Marina in a CD R-15 Conditional Use Residential District at 2029
Turner Nursery Road (8-556, 04/06). The Board placed the following conditions on the permit.
1. No overhead lighting on the marina facility.
2. The entrance sign must meet the current zoning ordinance requirements.
Preliminary Staff Findings
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 I OO-year floodplain.
C. Access to the property is from Mason Landing Road via Middle SOllnd Loop Road.
D. Fire service is available from the Ogden Fire Department.
E. The cllrrent 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 60 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 satistied.
E. Buffering is required at 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.
C. No evidence has been presented that the proposed use will injure the value of adjoining or
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82
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.
Staff Comments:
I) Staff recommends the preservation ofthe public boat access for Middle Sound residents.
2) Staff recommends the entrance sign meet the current zoning regulations.
3) No overhead lighting in the marina area.
83
Case: 8-556, 04/06
Petition Summary Data
Owner/Petitioner: Mason Landing Yacht Club
Existing Land Use: Commercial Marina
Zoning Historv: May 18, 1970 (#3)
Land Classification: Watershed Resource Protection and Conservation
Water Type: Carolina Utilities (private)
Sewer Type: County Sewer
Recreation Area: Ogden Park
Access & Traffic Volume: Middle Sound Loop and Bailey Roads-l 06 ADT
(04/05)
Fire District: Ogden VFD
Watershed & Water Quality Classification: Intracoastal Waterway, Pages Creek-
SA waters
Aquifer Recharge Area: Shallow water table, fresh water over salty water
ConservationlHistoric/ Archaeological Resources: N/ A
Soils: Lakeland sand, Leon soil-Class I and Class III respectively
Septic Suitability: Suitable to least suitable
Schools: Ogden Elementary
__ __ _______________._ _om ------------- ---------.---.---- ----
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EXHIBIT "A"
TO
APPLICATION FOR SPECIAL USE PERMIT
OWNER!
APPLICANT: Mason Landing Yacht Club, LLC
(hereinafter referred to as the "Applicant")
AGENT: Kenneth A. Shanklin
Matthew A. Nichols
SHANKLIN & NICHOLS, LLP
DATE: March 9, 2006
PROPERTY: 2029 Turner Nursery Road
Wilmington, N.C.
New Hanover County
Overview and Brief Narrative
The commercial use of the subject property as a commercial marina predates the
adoption of the Zoning Ordinance in New Hanover County. The marina portion of the
property, which was acquired by Daniel Henry Johnson ("D.H. Johnson") and his wife,
Molly Rogers Johnson, in the 1960's, has been continuously occupied by members of the
Johnson family since that time. In the 1960's, D.H. Johnson used the property for his
marine construction business and, gradually, he and his son, Roger P. Johnson, began a
full-service marina offering boat access to Middle Sound and the Intracoastal Waterway
along with sales and service of fresh and salt water boats.
On July 18, 1973, D.H. Johnson applied for a special use permit with the New
Hanover County Planning Department to construct and operate a commercial marina upon
the property, and on October 1, 1973, the County Commissioners granted Mr. Johnson
Special Use Permit No. 67 ("SUP No. 67") (copy attached hereto as Exhibit "AI ").
Roger P. Johnson acquired the marina upon the death of his father and continued to
operate a commercial marina on the site until very recently, when he sold the marina
property in February 2006 to the Applicant, Mason Landing Yacht Club, LLC. On May 8,
1995, the County Inspection Services and the Director of Planning approved an
administrative change to Special Use Permit No.67 to Johnson's Marina. In 1998,
wanting to expand the marina, Roger P. Johnson filed an Application to Amend SUP No. 67
and on March 8, 1999, the New Hanover County Commissioners entered an Order revising
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87
and reaffirming SUP No. 67 for Johnson's Marina, a copy of which Order is attached hereto
as Exhibit "A2".
Today, SUP No. 67 remains a valid special use permit that transferred to the
Applicant upon conveyance of the property by the Johnsons, and that permit runs with the
land and inures to the benefit of Mason Landing Yacht Club, LLC as successor in title. (See
copy of February 16, 2006 correspondence from Chief Zoning Enforcement Officer Ann
Hines, attached hereto as Exhibit "A3").
The subject property, including the marina property, and the surrounding properties
abutting the subject property are zoned R-20S. Marinas have been permitted in all
residentially zoned districts since the inception of zoning in New Hanover County in 1969,
with certain special and general use conditions. In fact, most if not all of the available land
for marinas lies within the residentially zoned property adjacent to our area's tidal creeks,
salt marshes, the Intracoastal Waterway, and the Cape Fear River and Northeast Cape Fear
River that border the majority of New Hanover County's jurisdictional and physical
boundaries.
Rather than continue to operate the marina under SUP No. 67, the Applicant is
submitting this request for a Conditional Use District rezoning to R-15, together with an
application for a new Special Use Permit for a commercial marina pursuant to Section
59.7-3 (2) of the New Hanover County Zoning Ordinance. Realizing the tremendous
potential of this existing marina facility and its surrounding topography, the Applicant, its
members and its development team have a shared vision for creating one of the finest
water-oriented/water access single-family residential communities in this State--one that
will ultimately make a better use and blend of this unique property than can be achieved
under the current zoning designation and SUP No. 67.
General Requirement #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. "
Statement by Applicant:
As stated above, the County has already issued SUP No. 67 for a commercial
marina on this property, which SUP was reaffirmed unanimously by the County
Commissioners in 1999. The County Commissioners have previously determined that
operation of a commercial marina on the subject property "will not materially endanger
the public health or safety if located where proposed and developed" according to SUP
No. 67. In this regard, it is significant to note that the proposed CD(R -15) site plan is
actually a less intense use of this property than that allowed under SUP No. 67. Among
other things, SUP No. 67 does not generally prohibit boat sales, repairs, construction or
storage on the property. In contrast, the proposed CD(R-15) site plan provides for an
upscale single-family residential development, with each unit having a corresponding wet
-2-
--~~-~-
88
slip at the existing marina. The marina itself will undergo a significant face-lift,
including upfitting, landscaping, lighting and other aesthetic improvements to improve
the marina facility, common areas and open space to a level commensurate with the high
quality homes and clubhouse facility to be constructed. With only twenty-five (25)
homes to be offered, each within walking distance to marina, this will be a very high end
development unlike any other in New Hanover County. In short, SUP No. 67 remains a
valid permit, and the Applicant could continue to operate a full scale commercial marina
under that permit today in a manner that is much more intense than the Applicant's new
site plan envisions.
It is also significant to note that the CD(R-15) site plan limits the marina to a total
of 60 wet slips. As a result of neighborhood meetings prior to submitting this
application, the Applicant has listened to the concerns raised by the surrounding property
owners and has eliminated all dry-stack boat storage facilities from the earlier version of
the site plan. In contrast, the 1999 amendments to SUP No. 67 envision that dry-stack
storage may be permitted on the property after the year 2010, and, arguably, dry-stack
storage is a use clearly contemplated in the future on this property under SUP No. 67.
If the property continues to be operated as a full scale commercial marina under
existing SUP No. 67, it is in fact likely that at some time in future dry-stack storage will
be revisited-which is really not a possibility under the proposed CD(R-15) site plan.
This is because of the limitation in the County's Zoning Ordinance that strictly limits
uses in a conditional use district. See Section 59-7-2(2). The County Commissioners in
fact noted in 1999 that "[ e ]ventually, the Applicant [i. e., Mr. Johnson] intends to apply
for dry storage after appropriate studies have been done of the site." Again, approval of
the CD(R-15) rezoning and site plan essentially eliminates the possibility for a dry-stack
storage facility of any significance on this property in the future, which has been and
continues to be a concern for the surrounding neighbors.
By the actions of the Board of Commissioners in 1973 and again in 1998, the
Subject Property is deemed to have complied with, and continues to comply with, all of
the County's criteria for the issuance ofa special use permit for a commercial marina in a
residentially zoned district. Also, in the County Commissioners' 1999 Order revising and
reaffirming SUP No. 67, it was noted that the marina "has not been cited for public health
and safety violations." The proposed CD(R -15) site plan calls for a scaled-down version
of the existing permitted marina, with less boat storage, less impervious surface, less
automobile traffic being generated, better stormwater management and a focus on the
residential nature and use of the property.
By reason of the foregoing, the proposed use will "not materially endanger the
public health or safety" where it is presently located. In fact, in its 1999 Order, the
County Commissioners stated that the marina "has been a vital and integral part of
Middle Sound for many decades." (1999 Order at p. 4.) Additionally, since one part of
the conditional use is essentially a continuation of the marina use of property over the
past several decades, there will be no additional impacts on water quality, primary
nursery areas, shellfish grounds or conservations resources, which is a point made by the
-3-
-~."~--_.
89
County Commissioners in its 1999 reaffirmation of SUP No. 67 (See Finding of Facts
p.3)
Commercial marinas are specifically permitted in R-20 and R-15 districts with
certain special and general use conditions. Section 23-63 of the County's Zoning
Ordinance defines a Commercial Marina as "any dock or basin and associated structures
commercially providing permanent or temporary harboring or storing of two (2) or more
boats (pleasure and/or commercial) and providing marine services, including, but not
limited to, retail sales for fuel, repair, convenient food stuffs, boats, engine and accessory
equipment." Johnson's Marina under SUP No. 67 squarely meets this definition of a
Commercial Marina under the provisions of Section 23-63, and the continuing use of the
marina property under the proposed CO(R-15) site plan likewise meets this definition but
in a less intensive manner.
The other uses of the subject property, apart from the commercial marina, will be
residential, which is a permitted use by right in the R-I5 zoning district, which carries
over to the CO(R-I5) zoning district. See Section 59-7-2(1).
General Requirement #2
The Board must find "that the use meets all required conditions and specifications" of the
Zoning Ordinance.
Statement by Applicant:
In addition to the foregoing, existing SUP No. 67 meets and has continually met
all of the required conditions and specifications of the County Zoning Ordinance. A
review of the proposed CO(R-I5) application and site plan demonstrates that all technical
requirements for the R-I5 zone and development of a commercial marina have been or
will be satisfied.
General Requirement #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."
Statement by Applicant
As stated above, since this conditional district rezoning request is for the
continued use of a commercial marina, together with a residential component, there will
not be any significant or adverse neighborhood changes. The overall density will be in
keeping with the Resource Protection classification in the Wilmington & New Hanover
County 1999 CAMA Plan ("1999 CAMA Plan"). In its 1999 Order, the County
Commissioners stated that the marina "has been a vital and integral part of Middle Sound
for many decades." (1999 Order at p. 4.) The Applicant will offer evidence supporting
its position that the proposed CO(R-I5) will not substantially injure the value of
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90
adj oining or abutting property. The Applicant, in fact, suggests that development of the
proposed project will have a greater beneficial impact on surrounding property values
than that caused by the current use of the property or its continued use under SUP No. 67.
The Applicant envisions a beautifully landscaped, aesthetically pleasing community with
well-constructed Charleston-style homes that will enhance the surrounding residential
property values and be one of New Hanover County's premier waterfront communities.
Over the past few decades, there has not been a diminution of value in the
adjoining properties because of the existing marina under SUP No. 67, which has been a
part of the Middle Sound community since the 1960's. Properties surrounding the
existing marina facility, particularly those on the water, are perhaps some of the most
rapidly appreciating and valuable residential properties in the County, if not the entire
State. The proposed improvements and enhancements to the subject property are not
expected to have an adverse impact on this trend.
Additionally, based upon the finding of the County Commissioners in 1999
regarding SUP No. 67, use of this property as a commercial marina can also be viewed as
a public necessity. In addition to the boat slip sold with each of the 25 single family
residences, the remaining 35 wet slips will be made available for lease or sale to the
public. The County Commissioners specifically found in 1999 that "water dependent
uses are in critical need in New Hanover County, and the County must provide adequate
opportunity and land for the operation and growth of commercial marinas." (1999 Order
at p.2.)
General Requirement #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."
Statement by Applicant:
As noted above, this conditional district rezoning request is essentially a request
to better an existing marina facility and allow the development of an upscale surrounding
single- family residential community in harmony with the surrounding residential
neighborhood. Accordingly, the County Commissioners have previously determined
(unanimously) that this site is a proper location for a marina and that a commercial
marina on this property is in harmony with the surrounding area, and this facility in the
past "has existed in harmony with the surrounding area." (1999 Order of County
Commissioners, p. 4.)
The subject property is classified under the current land use plan as Resource
Protection. The Applicant does not intend to intensify the use of the property, and as
stated above, the proposed CD(R-15) site plan envisions a less intense use of the property
from a boating viewpoint, as well as vehicular traffic to and from the development.
-5-
91
The proposed residential/commercial marina use of the property will advance
many of the goals of both the 1999 CAMA Plan and the Wilmington-New Hanover
County Joint Coastal Area Management Plan (2006 Update) ("2006 CAMA Plan
Update") (collectively referred to as "Land Use Plan"). Some of the primary policies and
goals contained in the 1999 CAMA Plan and 2006 CAMA Plan Update that are promoted
by the MX Ordinance and the Ocean Park Master Plan include the following:
The Applicant's proposed use of the property complies with the
Policies for Growth and Development adopted by the Board of County
Commissioners. Especially, the Applicant is in compliance with the
general economic and community development policies under the Land
Use Plan. Continuation of the use of the Applicant's property as a
commercial marina with a single family residential component IS
consistent with the Land Use Plan.
The Applicant's proposed use of the property is not injurious to the
environment and complies with all of the provisions of commercial and
industrial development policy set forth in the Land Use Plan. Since
commercial marinas are permitted in all residential uses, it is particularly
important that the established marinas which have existed for many years
in New Hanover County be fostered and allowed to develop and evolve.
The issuance and reaffirmation in 1999 of SUP No. 67 were
conclusive conclusions of law that the use of the marina portion of the
subject property as a commercial marina was and remains beneficial and
compatible in the subject residential zoning district. The proposed use is a
continuation, enhancement and improvement of and to the existing marina
use of the property and is clearly in harmony with the area in and
consistent with the historical use of the property.
Both the 1999 CAMA Plan and the 2006 CAMA Plan Update state that the City
of Wilmington and New Hanover County shall "[e]nsure the provision and preservation
of adequate open space for the continuing enjoyment of residents, for its contribution to
the community today and for generations to come, to protect our natural environment and
wildlife habitats, and to provide educational & recreational opportunities." (1999 CAMA
Plan Open Space Policy 2.1; 2006 CAMA Plan Update, Open Space Policy 2.1.)
As shown by the CD(R-I5) site plan, the efficient clustering of homes under a
performance residential framework will provide for areas of open space not found in
traditional R-15 or R-20 developments. Working closely with NCDENR, the Applicant
will ensure that the 11.46-acre (approx.) property is developed in a manner that will
address stormwater management and comply with all applicable codes, ordinances and
regulations.
-6-
92
In this regard, the proposed CD(R-I5) site plan strives to "enhance the quality of
the built environment while preserving and protecting the area's natural environment."
(1999 CAMA Plan, Location/Demand Policy 1.) It is important to note that a great deal
of this property currently consists of impervious concrete surface. The Applicant plans to
remove a significant portion of this concrete, as shown by the CD(R-15) site plan,
resulting in less impervious surface at the project's build out than currently exists on the
site.
The commercial/residential mixture of the property is also favored by the Land
Use Plan, which encourages mixed-use developments, though the commercial use of the
property will be much less intense than that currently permitted under SUP No. 67. The
Land Use Plan also states that the County shall "strive to protect the character of the
area's existing residential neighborhoods" (1999 CAMA Plan, Residential
Neighborhoods Policy 7), which goal is promoted by this proposed project.
The Land Use Plan "encourage[s] innovative development strategies" and "flexible
design guidelines that enhance the aesthetic impact of the built environment" (1999
CAMA Plan Design/Regulatory Policy 8; see also 2006 CAMA Plan Update, Policy 5.2).
The Applicant and its development team are very proud of the design of this proposed
project, which has been revised extensively to reflect and address the comments and
concerns raised by area neighbors. Ultimately, the proposed CD(R-I5) site plan seeks to
make the best use of this unique property, and one that will result in an outstanding and
innovative water oriented/water access community of the highest quality with a first-rate
marina facility unlike any other in this area.
-7-
93
EXHIBIT
..~
.D
:I Al
SPE~~AL USE PE&~I7
NEW illh~OVER COUNTY
.
Permit No. 67
Application No. 72
Zone R-20
,
A Special Use Permit is hereby granted by the Board of County Commissioners
after consideration by the Wilmington-New Hanover Planning Commission to
Mr. D. H. Johnson
and owned by Mr. D. H. Johnson in the area on the east side
to use the land located ~ of S.R. 1406 extending southeastwardly to the Intracoastal
Waterway
for a Marina
based on the following conditions:
1- There will be no structure constructed o~ the end of the pier;
2. No parking of commercial vessels along the end of the pier (fll4 ) or on the turn
into the Channel indicated on the map submitted with the application as Area U16;
and,
3. That the parki.ng lot be paved and marked.
Also, at the October I, 1973 County Commissioners meeting, Mr. D. H. Johnson indicated
he was agreeable to installing a greenery buffer from the area south of Item 86. running
along the southern property line east to the Waterway.
This Special Use Permit shall be subject to the conditions listed above and
the Zoning Ordinance of New Hanover County. If any of the conditions so specified
or any part thereof shall be held void or invalid, or if any such conditions are
not complied with> this Special Use Permit shall be void and of no effect. The
Special Use Permit is authorization for the Building Inspector to issue a building
permit for the use listed above. ~ ,'t-I. {~t!il(;lC:---
I
Chairman of County ommLSSLoners
October I, 1973
Date
--.----.-
94
EXHIBIT
i A2
.D
JJ
I -
ADDENDUM TO j
SPECIAL USE PERMIT 5-72,
OCTOBER, 1973
ORDER REVISING AND REAFFIRMING
SPECIAL USE PERMIT 5-72
JOHNSON'S MARINA
MARCH 8, 1999
In granting the revision and reaffirmation, the following
conclusions were made:
l. The County Commissioners FIND AS A FACT that all of the
specific requirements set forth in Section 72 of the County Zoning
Ordinance will be satisfied if the property is developed in accordance
with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed
use does satisfy the first general requirement listed in the Ordinance;
namely 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. In support of this conclusion, the
Commissioners make the following FINDINGS OF FACT:
Roger P. Johnson is the current owner of Johnson Marine Services,
Inc. , having acquired the marina from his father, D. H. Johnson. The
subject property is commonly referred to as Johnson's Marina. Johnson's
Marina has been in business for more than thirty years, beginning
operations in the 1960's prior to the implementation of zoning by New
Hanover County. In the 1960's, D. H. Johnson used the subject property
for his marine construction business and, gradually, D. H. Johnson and
the Applicant, Roger P. Johnson, began a full-service marina offering
boat access to Middle Sound and the A.I.W.W. along with sales and
service of fresh and salt water boats.
Commercial marinas are specifically permitted in R-20 districts
with certain special and general use conditions. Section 23-63 of the
County's Zoning Ordinances defines Commercial Marina as "any dock or
basin and associated structures commercially providing permanent or
temporary harboring or storing of two (2) or more boats (pleasure and/or
commercial) and providing marine services, including, but not limited
to, retail sales for fuel, repair, convenient food stuffs, boats,
engine, and accessory equipment. " Johnson's Marina squarely meets this
definition of a Commercial Marina under the provisions of Section 23-63.
Even though the marina predates the County's implementation of zoning in
the Middle Sound area, in July, 1973, D. H. Johnson filed an application
for a Special Use Permit for a marina in accordance with a site plan
that is included ln this Application.
On October 1, 1973, the County Commissioners approved Special Use
t'ermi t No. 67 for D. H. Johnson subject to several conditions. On May
B, 1995, the County Inspection Services and the Director of Planning
approved an administrative change to Special Use Permit No. 67 to
-- -~---
95
Johnson's Marina. As the current owner of Johnson's Marina, Roger P.
Johnson is currently in compliance with the original footprint of
special Use Permit No. 67, as amended.
However, due to expansion of the marina's business, Roger P.
Johnson, as evidenced from recent correspondence from Richard V.
Civelli, Zoning Enforcement Officer for New Hanover County, has expanded
the storage of boats upon two adjoining tracts of land owned by Roger P.
Johnson and his mother and sister. The tract owned by Mr. Johnson and a
part of the tract owned by Mr. Johnson's mother and sister are the
specific subject of this Application to Amend the original Special Use
Permit No. 67. Additionally, this Special Use Permit No. 67, as
amended.
The primary purpose of this Application is to bring Roger P.
Johnson's business into conformity with the New Hanover County Zoning
Ordinances for the area that he is currently using. Johnson's Marina
has not been cited for public health and safety violations. The marina
and the use of the property that was within the footprint of Special Use
Permit No. 67 and that is within the area that is subject to this
Application to amend Special Use Permit No. 67 fulfills a beneficial
need for residents of New Hanover County in providing a necessary and
appropriate service of a commercial marina for pleasure and commercial
boats. For example, CAMA and other State agencies use the facilities at
Johnson's Marina.
It goes without saying that water dependent uses are in critical
need in New Hanover County, and the County must provide adequate
opportunity and land for the operation and growth of commercial marinas.
Additionally, Johnson's Marina is a family- owned and operated business.
The County should foster and facilitate family-owned businesses as part
of the County's long-term economic planning.
The marina is currently adequately served by a separate well and
septic tank system. The Applicant understands that the County will
install sewer in the near future. Thus, there is no substantial need
for water and sewer services for this tract. The entire property will
be operated in the future as it has been in the past except for a better
organization of the marina's site plan to comply with the County's
buffer and other zoning require-ments.
3. It is the County Commissioners' CONCLUSION that the proposed
use does satisfy the second general requirement listed in the Ordinance;
namely that the use meets all required conditions and specifications. In
support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
The original footprint for Special Use Permit No. 67 was
constructed in compliance with the zoning requirements in 1973. Since
then, the marina has undergone certain modifications and upgrades as any
business would over two decades of activity. However, the original
footprint of the 1973 site plan remains valid and the current site plan
for the Amendment shows a portion of the area covered by the original
2
---
96
site plan especially showing the modifications to one of the buildings
permitted in May 1985.
In compliance with the requests of adjoining landowners, Mr.
Johnson has provided an aesthetic buffer along Turner Nursery Road to
lessen the impact from the street of the use of the Applicant's
property. The use of this area that is the subject of the Amendment to
Special Use Permit No. 67 is primarily for boat storage, which is a
necessary component of commercial marinas as defined in Section 23-63 of
the County's Zoning Ordinances. Section 72-31 of the County's Zoning
Ordinances provides additional requirements of a commercial marina in a
residential district. The primary footprint of Special Use Permit No.
67 complies with Section 72 - 31- Since the use is a continuation of what
now exists, there will be no additional impacts on water quality,
primary nursery areas, shellfish grounds, and conservation resources as
provided for in Section 72-3~ (5) of the County's Zoning Ordinances.
4. It is the County Commissioners' CONCLUSION that the proposed
use does satisfy the third general requirement listed in the Ordinance;
namely that the use will not substantially injure the value of adjoining
or abutting property, or that the use is a public necessity. In support
of this conclusion, the Commissioners make the following FINDINGS OF
FACT:
Since this Application for an Amendment to Special Use Permit No.
67 is merely one to ratify the current use of the tracts subject to the
Application, it is clear that the continued use of this property will
not be substantially injurious to the values of adjoining or abutting
property. Clearly the property adjoining this site has been and will
continue to be the subject of semi-rural use, at least for the near
future. The land use in this area is not intense.
Several of the adjoining tracts are owned by the Johnson family or
distant relatives. There has not been and will not be a diminution of
value in the adjoining properties because of the marina, which has been
a part and parcel of this community since the 1960's.
Additionally, it can be said that the use of this property as a
commercial marina is a public necessity. Access to boats and the water
by the public is a prime need in New Hanover County. There are very
limited publicly maintained boat access facilities in New Hanover
County. There are only three publicly maintained boat access points to
the Intracoastal Waterway between Pender County and the Cape Fear River.
Without commercial marinas, access points to the Intracoastal Waterway
would be substantially decreased, and then only individuals who own
property on the water would have access points, which is contrary to the
public trust doctrine and public access policies adopted by the Coastal
Resources Commission pursuant to the Coastal Management Act of ~974.
5_ It is the County Commissioners' CONCLUSION that the proposed
use does satisfy the fourth general requirement listed in the ordinance;
namely 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
3
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97
development for New Hanover County. In support of this conclusion, the
Commissioners' make the following FINDINGS OF FACT:
The subject property is classified under the current land use plan
as Resource Protection. It should be noted that the Applicant does not
intend to intensify the use of the property that is the subject of the
Amendment to Special Use Permit No. 67. Eventually, the Applicant
intends to apply for dry storage after appropriate studies have been
done of the site.
However, at this point, the Applicant is seeking merely to be
allowed to continue the use of the marina in sufficient area to carryon
his business and serve the public. Traffic will not increase because of
the Amendment to Special Use Permit No. 67. The fact: that the
Applicant:'s business has grown since 1973 is ample evidence that there
is a public necessit:y for his business. It: is clear from a historical
prospective that Johnson's Marina has been a vital and integral part of
Middle Sound for many decades. It has existed in harmony with the
surrounding area. The area is predominantly residential, but commercial
marinas are a permitted use in residential zoned districts subject only
to the five criteria mentioned in Section 72-31- Each criterion has
been complied with by the Applicant in either t:he original Special Use
Permit No. 67 or the Amendment that is proposed at this t:ime.
The Applicant's use of the property complies with the Policies for
Growth and Development adopted by the Board of County Commissioners on
November 1, 1993. Especially, t:he Applicant is in compliance with the
general economic and community development policies under Sect:ion 3.0 of
the 1993 Land Use Plan. Continuation of the use of the Applicant's
property as a commercial marina will not violate t:he provisions of
Section 3.1(3) of the 1993 Land Use Plan. The use of the proposed
tracts as a commercial marina is not an encroachment upon residential
neighborhoods since t:he majority of the subject property has been used
as a commercial marina for many years. The Applicant's use of the
property is not injurious to the environment and complies with all of
the provisions of commercial and industrial development policy set forth
in the 1993 Land Use Plan. Since commercial marinas are permitted in
all residential areas, it is particularly important that the established
marinas which have existed for many years in New Hanover County be
fostered and allowed to develop naturally as with any growing business.
The contention that a marina should move its facilities because it is
growing is contrary to the spirit and intent of New Hanover County's
Zoning Ordinances. To permit a use even by a special use in a district
is a statement that the use is beneficial and compatible in the subject
district.
Especially where there are very few five (5 ) publicly maintained :1.
boat access ramps in this County, it is encumbered upon the County to
maintain the existing commercial boat marinas and to avoid having the
marinas locate in other areas or outside the County. Therefore, it is
clear that the proposed use, since it is a continuation of the same use
and merely a ratification of what has existed in the past, l.S clearly a
harmony wi th the area in which it is located and the general community
of New Hanover County and, more particularly, ~Iiddle Sound.
4
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98
6. Therefore, because the County Commissioners conclude that:
all of the general and specific conditions precedent: to t:he issuance of
a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the
application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject
to the following conditions:
a) That the applicant shall fully comply with all of the specific
requirements stated in the ordinance for the proposed use, as
well as any additional conditions hereinafter stated.
b) If any of the conditions imposed by this Special Use Permit
shall be held invalid beyond the authority of t:his Board of
Commissioners by a court of competent jurisdiction, then this
permit shall become void and of no effect.
c) Other:
1) Applicable Federal, State, and local laws.
2) The site plan as revised (attached) .
3) The terms and specifications of the Memorandum of
Understanding are revised (attached)
Ordered this 8th day of March, ~999.
iJ~a ~
William A. Caster, Chairman
ATTEST:
G?/ d~
Clerk To 'Board
5
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99
This page intentionally left blank.
100
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Regular Item #: 8.6 Estimated Time: Page Number:
Department: Planning Presenter: Planning Staff
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
Rezoning - Request by Cindee Wolf for Donald and Rachel Thorning to rezone approximately .52 acres from R-15
Residential District to B-2 Highway Business District at 5022 Carolina Beach Road (Z-836, 04/06). The Planning
Board voted 7-0 to recommend approval.
BRIEF SUMMARY:
The New Hanover County Planning Board voted unanimously (7 to 0) to rezone .52 acres of property located at 5022
Carolina Beach Road from R-15 Residential to B-2 Highway Business District.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve or deny the petition.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ iii
n.""..
Z-835-Staff Summary.doc Z - 83 6 - Peti tion SUmlhard copy of aerial map.
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
101
CASE: Z-836, 04/06; PETITIONER: Donald and Rachel Thorning
REQUEST: R-15 Residential to B-2 Highway Business
ACREAGE: .52
LOCATION: 5022 Carolina Beach Road
LAND CLASS: Urban-The purpose of the urban class is to provide for continued
intensive development and redevelopment of existing urban areas.
These areas are already developed at a density approaching 1,500
dwelling units per square mile. Urban services are already in place
or scheduled within the immediate future.
PLANNING BOARD ACTION
The New Hanover County Planning Board unanimously voted 7 to 0 to rezone .52 acres of
property located at 5022 Carolina Beach Road from R-15 Residential to B-2 Highway
Business District.
STAFF SUMMARY
The subject property is located on the west side of Carolina Beach Road approximately ':14 of a
mile north of Monkey Junction. The petitioner is proposing to rezone a portion (.52 acres) of the
property from R-15 Residential to B-2 Highway Business. The remaining portion ofthe property
is R-15 Residential. The proposed rezoning from to B-2 would be approximately 250 feet from
the Carolina Beach Road right-of-way west. The abutting property to the north is already zoned
B-2 Highway Business for approximately 250 from the road right-of-way. The abutting property
to the south ofthe subject property is zoned R-15 and is within the I OO-year floodplain. The
property directly across Carolina Beach Road is zoned R-15 residential.
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 that the Planning Board approve the rezoning of this southerly expansion of
approximately .52 acres from R-15 Residential to B-2 Highway Business at 5022 Carolina Beach
Road. This is keeping with the commercial services already established at the Silver Lake Road
intersection.
102
Case: Z-836, 04/06
Petition Summary Data
Owner/Petitioner: Donald and Rachel Thorning
Existing Land Use: Single family residential
Zoning History: April 7, 1972 (4)
Land Classification: Urban
Water Type: City
Sewer Type: County
Recreation Area: Arrowhead Park
Access & Traffic Volume: 23,000 ADT (2004) Carolina Beach Road
Fire District: Myrtle Grove VFD
Watershed & Water Quality Classification: Barnard's Creek
Aquifer Recharge Area: Primary Recharge Area
ConservationlHistoric/ Archaeological Resources: N/ A
Soils: Leon (two-thirds), Johnston (one-third)
Septic Suitability: Class III and Class IV
Schools: Williams Elementary
"_._-~--~._._-_..__.._--~----_.._--_._-
103
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104
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Regular Item #: 8.7 Estimated Time: Page Number:
Department: Planning Presenter: Planning Staff
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
Special Use Permit-Request by David Ward concerning validity of original Special Use Permit (S-13, 06/71) issued
at 1512 Burnett Road. The Planning Board voted 6-0 to recommend the Case to the Board of Commissioners for
their consideration.
BRIEF SUMMARY:
The New Hanover County Planning Board in regular session on Thursday, December 1, 2005 voted 6 to 0 to recommend to
the New Hanover County Commissioners that Special Use Permit 13 is valid and not a violation of the New Hanover County
Zoning Ordinance Section 109.1, paragraph (e).
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve, approve with conditions, or deny the Special Use Permit.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
""11
..'1
:-"
S -'3 S laff Findings-R evised. doc
Note: Please see Interoffice Memo which lists the documents contained in the 37-page attachment. Item 5 on the memo
describes another attachment package containing 86 attachments. Due to the length this packet is not included in the
agenda packet, but the documents are available for review in the County Manager's Office.
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
The item was withdrawn.
105
SPECIAL USE PERMIT
S- 13, 06/71;
Request By: David and Violet Ward
Location: 1512 Burnett Road
Planning Board Recommendation
The New Hanover County Planning Board in regular session on Thursday, December 1,
2005 voted 6 to 0 to recommend to the New Hanover County Commissioners that Special
Use Permit 13 is valid and not a violation of the New Hanover County Zoning Ordinance
Section 109.1, paragraph (e).
Staff Summary
David and Violet Ward claim that a Special Use Permit issued in June of 1971 to Homer Ward
(deceased) is invalid. The permit issued to Homer Ward was to construct a bulkhead, boat ramp
and pier in Myrtle Sound near Carolina Beach. David and Violet Ward claim that Homer Ward
provided false information when obtaining the permit and are now challenging the validity of
Special Use Permit-13. The challenge is based upon the following section of the New Hanover
County Zoning Ordinance. The Board of Adjustment heard a similar appeal on August 23,2005.
The Board of Adjustment concluded that the permitted uses occurring on the site had vested the
permit.
Section 109: Vesting Rights
109.1: Any site-specific development plan approved by the County pursuant to this Ordinance
shall terminate as follows:
(e) Following recommendation of the Planning Board and upon findings by the County
Commissioners, by ordinance after notice and a hearing, that the landowner or his representative
intentionally supplied inaccurate information or made material misrepresentations which made a
difference in the approval by the approval authority of the site specific development plan.
- -~----_.~---
106
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New Hanover County
Planning Department
County Annex Building
230 Marketplace Drive, Suite 150
Wilmington, NC 28403
Dexter L. Hayes P 910.798.7165
Director F 910.798.7053
INTEROFFICE MEMO
December 30,2005
Susan Wynn
Executive Assistant to the County Manager
Re: January 6,2006 CC Meeting
Dear Susan:
The following is a description for each of the documents submitted by the
planning department for Item 6 of the Public Hearings items for their January 9,
2006 County Commissioner Meeting. Let us assume that attachment one (1) of
thirty-seven (37) is the letter addressed to Holt Moore and signed David and
Violet Ward.
1. Attachment one (1) came from David and Violet Ward.
2. William A. Raney, Jr., Attorney for David and Violet Ward, submitted
attachments fourteen through thirty-seven (14-37).
3. Attachments 2-11 came from the planning staff file, but were originally
submitted by Kenneth Shanklin, Attorney for Tim and Donnie Ward.
4. Ann Hines, Chief Zoning Enforcement Official for New Hanover County,
submitted attachments twelve and thirteen (12 & 13).
5. The other attachment package containing eighty-six (86) attachments was
submitted by Kenneth Shanklin, attorney for Tim and Donnie Ward, as a
formal response to the formal complaint by David and Violet Ward.
Please contact our office if we can be of further assistance.
Sincerely,
Steve Candler
Senior Planner
~---- - --------- ..~
108
Mr. Holt Moore October 21, 2005 David N. Ward
Assistant County Attorney Violet P. ward
320 Chestnut Street 1508 Burnett Rd.
Wilmington, N.C. 28409 Wilmington, N.C. 28409
Dear Holt,
This is a request to be placed on the earliest available County Commissioner
meeting agenda. Citing county ordinance 109.1 (E) and upon the evidence that we have
recently acquired from The Army Corps of Engineers. We wish to formally ask for a
hearing with the Board of County Commissioners November 7, 2005. This is in reference
to Special Use permit 13 issued to Homer Ward at 1512 Burnett Rd. We have acquired
evidence that will show that Homer Ward did knowingly violate this ordinance. Several
weeks ago in a meeting with Ann Hines, David Weaver, and Kemp Burpeau; we
discussed this issue at great length. Also I have discussed this issue with you Holt, and I
do greatly appreciate your help, and respectively ask for this hearing. You have been so
kind, and helpful, and all of us in the Tucker Burnett Subdivision do wish to thank you.
Yours Truly,
David Ward
Violet Ward
---.--..
109
J Hr. -.r/::;~f'
(f,
, Mr. Sander ~
Co1. Denison! s
Mail 7~ --.~~
OPER r,' /"
SAWX 14 Januaxy 1969
.,... ;V().
/-'t~"""f
/J.,'r
HZ'. Homer H. Ward
2914 lake ShCll'$ D:r1ve
WUJlington, )(. C. 28401
ltt '. -- . --- -
- .' O_h.
,
'q'"- Dear Mr. _ Ward:
0 Reference is ~ to .,our application ~ 14 1bI~ .1968 f~ ..8 per-
mit to COIIStrurt a bu1lchead, boat rap and pier I'D Myrtle SotUld near
0 Carolina Bed. B. C. .
~. In responee t"o ., public - DOtice dated 2 Det-.ber 1968, 1&8ued to 8JI1'IOUl1C8
-".".. yonr prGpoea1 tel aU known interested puUee, the State of Marth Car0-
lina hailS Mt" furD1shed 'their ~t to your Work. In cases where pro-
0_ poseCl work is ~j~onable but _8 State authoritiee decUne to give
their eonseut to the vork, it is not usual for 'the Corps of Eng1nee:rs to
0- issue a pendt B1aee it bee<8es praetleally of 80 vahle and may be n-
~. gerded 8. 8ft aet of d1.M:~~sy. .
- . - . tJ',
~. ~. 11lerefore. you are 1nfw-.d tha't your pro~l is unobjectionable and a
. :":.~~ .:!. pendt will be'iSsoH Well the consent of_tb8 Sttt8 18 furDiahed this
office . - -' -----
S1Dcenly yours, .
PAUL S. DEHlSOH
Colcme1, CoZ'p8 of F..ug:lnsers
District EngiDeeI'
Copy ~bed:
Di!'., He _ Dept of Water & Air
Reeourcea, Jlale~ He t7603
---- ----------------
110
- .........U............/~
Hr. Turner.'
MF. SaRder89~ -
Col. Denison/s(3\
Hail f;~1
'. OPER } j.e.,..
sAWlS (Pendt Ho. 12~9) 10 March .1969
Mr. u.er H. Ward
29.14 lAb Shore Dr.lve
WilJlington, H. C. 28401
0- -
0' Deer Mr. Ward: . .
~' In aCC01"daDce with your written Z8flMBt dated 1A lkN-.r 1968, tlIeze 1s
0- l_lo8ec1 a perIlf.1: IIUtiIorilirig the ~ of rboet ~, 'balkhead,
and a pier 18 MyrtlA SOIIIIII ..... C8r0UDIi . Beacla ill. Hew 1IIincwer. Cowlty, H. C.
Q. If .8DY ~l chaDpa 1D the loCaUoa or p1aaa ottbe ~ or work
(iii are foUIId IieCeaIJU'Y 0Jl ~l of DDfonsi.. or .1tved ecIIIIlIit1- or
othezw1_, nrieed p1au __1.. .. ~tted fI-rtJr 'to t1Ie District En-
~"~. giMeI' 111 __ tltat 1:1Ia. ft'i'i8ed plau. 1f tOIIQd UDObject1-.1>1e. 1I8y
..~
Q. ~" t1le ~ ~ by law be'" ~ClIl b beJtm.
0 Y... attattoD ia caUacI to eGQBtiaD (1) of the iDc10sed puait which n-
qa:ires . pII1d.ttee m DGt:lfY tide otftce nlaUve to the coo r UM!w.nt:
00. and ea.p1a1:101l elates. ~ ~.l' . .
". In 1'e8"'" 'to ., "'Ue DGtice dat'ecJ '2 ~ ~968, laeaed 'to .--mee
your pI'Opo8a1 to aU k8CNl ~ ~. the State of Korth CaroUna
and C. C. wtw., 1ne.~ ~eJaed t:'I Rh. A copy eeeh of the1r letters
1s tDclo8ed. In ~..-e'tiOII vitla the :aut ~ :in pIl'BIl'al!h 2.f the
State's letter. your at.t..UGD. is 1BYlted to apcle). CODd1ttOll (k) in tbe
pem1t. 111 eeDIIlICttOll with the lat:ter trc. C. G. WJ.l1:la.lne., your atten-
tioa 18 tnVitecl to the \ere ... f11e.r atlcd:hed to the pemt:. .
~l,y )'Quist
3 Incls PAUL s. tmHISON
1. l'end..t 116. 12-69 Q)loae1. 0Wps of ~f~rs ,
I
w/Wft actiOll fl.ie!' I
Di8t:r.let Eagilleer \
2. Cy In 6 NU' 6t . State I
\ ..
s. Cy It:.r 10 Dee .. fa \
!
c. G. W1111a. too. i
Copy f'u:ndshed w/e 1aels;
Dir.. He Dept of water . Air
! Resources, ""1elgb, He 276&3
"-
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111
-
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STATE OF NORTH CAROUNA
i
DEPARTMENT OF WATER AND AIR RESOURCES
ROBERT W. SCOTT S. VERNON STIEVI!lNS. .JR.
GOVERNOR CHA....AN
P. D. DAVIS P. GREER .JOHNSON
W"'LTER M. FRANKLIN YlClE.CH.uRII_
.J. NELSON GIBSON. .JR.
.J. M. .JARRETT DR. ROBERT .... R08S
WAYNE MABRY W. _DY STlEVENS
.J. EUGENE PENLAND RAYMOND S. TAJ..TON
.J. AARON PREVOST GLENN M. TUCKER
GEORGE E. PICKETT. DIREC:1'OR
TlEu:PHOIl1l 828.8003
E. Co HUBBARD AssT. DnIsic:ToIl
l'ELEPH0Na 829.8008
P. O. Box 9882
RALllJGH. N.. C. 27808
" March 6, 1969.
-
'q'" Colonel Paul S. Denison
0 District Engineer
U. S. Army Engineer District, Wilmington'
0 Corps of Engineers
Post Office Box 1890
N Wilmington, North Carolina 28~Ol
- Dear Colonel Denison:
O. This is in response to your public notice dated December 2, 1968,
0 concerning an application by Mr. Homer H. Ward for a permit to construct
a bulkhead, boat ramp, and a pier in Myrtle Sound in the AIWW near
0"- Carolina Beach in New Hanover County, N. C. The views of~affected State
I'!o. agencies ha~ been obtained.
~t..._ _
The state has no objection to the proposed work. The granting of
an easement to fill to Mr. Ward has been approved by the Governor and
Couneil of State. It is requested that the use of the pier be so controlled
as to not add pollution to the adjacent waters. ~-- --------~----
--
Request that the applicant be advised of the requirement that earth-
moving equipment which operates in publicly owned tidelands and navigable
waters within the State be registered by the owner of the equipment with
this Department.
Sumerely, c:~
~;'kett
cc: Mr. Frank Turner
Mr. J. M. Jarrett
_~~..~_m_.~..______ -. .'~--------"----'--'--"-'---~---"------
112
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113
(II) That the work shall he subject to the lIllJlerVision and approval of the District Engineer, Corps of Engineers,
in charge of the locality, who may temporarily suspend the work at any time, if in his judgment the interests of navi-
gation so require.
(b) That any materlAl dzedged in the prosecution of the work herein authorized shall be removed evenly and no
large refuse piles, ridges urll8S the bed of the waterway, or deep holes that may have a tendency to eause injury to
navigable ehannels or to-the b8.nks of the waterway shall be left. If any pipe, wire, or eable hereby authorized is laid
in a trench, the formation of permalII!I1t ridges across the bed of the waterway shall be avoided and the baek ftlling
shall be so done as not to iDerease the eost of future dredging for navigation. A:D.y material to be deposited or
dumped under this authorisatioD, either in the waterway or on shore above high-water mark, shall be deposited or
dumped at the locality shown on the drawing hereto attached, and. if so preseribed thereon, within or behind a good
and substantial bulkhead or bnllrJuoAd.., such as will prevent escape of.the material in the waterway. If the mate-
rial is to be deposited in the harbor of New York, or in its adjacent or tributary waters, or in Long Island Sound, a
permit therefor must be previonslyobtained from the Supervisor of New York Harbor, New York: City.
(e) That there shall be DO unreasonable interference with navigation by the work herein authorized.
(d) That if inspect.ioDS or any other operations by the United States are neeessary in the interest of navigation.
all expenses eonneeted therewith shall he borne by the permittee.
(e) That no attempt; shall be made by the pemIittee or the owner to forbid the full and free-use by the public of
all navigable waterse or acU-t to the work or IItJ:uetnre..
('\if (f) That if future operations by the United States requii-e an alteration in the position of the structure or work
herein authorized, or if. in the opinion of the Secretary of the Army, it shall cause ~ble obstruction to the free
- navigation of sail! water. the cnmer will he required upon due notice from the Secretary of the Army, to remove or
alter the structural work or obstructions eaUBed thereby without expense to the United States, so 88 to render naviga-
V tion reasonably free, easy. and 1IDGbstruetedj and if. upcm the expiration or revocation of thia permit, the structure,
fill, euavation, or other modi6cation of the watereou:rse hereby authorized shall not be completed, the owners shall,
0 without expense to the United StateS, and to such extent and in such time and manner as the Secretary of the Army
may require, remove all or &1lY portion of the uneompleted structure or fill and restore to its former condition the navi-
e gable capacity of the watercoarse. No claim shaD be made against the United States on aecount of any such removal
or alteration.
('II (g) That the United States shaD in no case be liable for any damage or injury to the stzucture or work herein
authorized which may be elUIlled by or result from future operations undertaken by the Gvvemment for the conserva-
- tiOD or improvement of ua'rip.tiou. or for other purposes, and DO claim or right to compensation shaD aecrue from
any sueh damage.
0 (h) That if the clisplay,of ligh1a and signals on any work h.ereby authorized is not otherwise prmrided for by law,
such lighta and signals as may be presen1led by the U. S. Coast Guard, shall be installed and maintained by and at the
0 expense of the owner.
(i) That the permittee BhaIl notify the said diatrict engineer at what time the work will be eommenc:ed, and 88
0- far in advance of the time of ~ 88 the said district engineer may specify. and shall also notify him
promptly, in writing, of the <:u-....-c~ of work, suspeJlSion of work, if for a period of more than one week,
resumption of work, and ita completion.
" (;) That if the struetme or work herein authorized is not completed on or before __--IMt_._____ day
. .. of ~~___ . 19-12. thia penait, if not previoua1y revoked or specifically ~. shall ceue and
he null and void.
(k) 'I'ha1: the pen1ttee ebd1 C...,q pr-..Uy with P7 regulations, couditioaa.
or u.u. GCt;iaaa ~1DI t.... ..-It hereb.v at1KlItiHcl if and wbeD i88ued by the
Fed~ Water PoUatton Coatrol Ad"'n'hrtrati_ _1_ tile State vater pollutiOn.
contrOl ageuey hav:lDc j1ll'f..ectte1:1cm to allate .. ta.......,OL vater poUut:lGD<i" Sueh reg-
ulattODll. conditi_ or f.n8tructlana 1D etfect .. 'preeer:Ded by tile Fedenl Water
Pollution CoDtrol AdIda18tratiC8 .. State ajJeDcy are hueby lIIlde a eondition of
th18 penit.
By authority ot the Secretary ot the Army:
.(;1, L".A ~u - - .~_
PAUL S. DElISOIf
Co1.oDelt == of EagiQ.eers
Distrl.c: Deer
~l:': 1721 (Civil) 'ftls - ........- KD :w... ... .w.a lA)Ir" ..._ may be - - ........
.. &. ____...u...-ncz _I.......
-----~._------_.
114
- - . .,
DEPARTMENT OF THE ARMY
NOTE.-It is to be understood that this instroment does not give any property rights either in real estate or mate-
rial, or any exclusive privileges; and that it does not authorize any injury to private property or invasion of private
rights, or any infringement of Federal, State. or 10callaws or regulations,. nor does it obviate theneeessity of obtainiDg
State U8mat fD the work authoriled 1'1' --y_ ~ IIIRI Ii-PI SP &II F~ra.~ (;:99B&lTJftln~ 88 PltB.MJ B8!I
lBtff5 'fitH YOB!lI8 I118Iftlft ,. IM.~8Ir. (See Cummings v. Chieago, 188 U. S.,.410.) _Ul_
PERMIT
Wl1af"lt0ll Diat:r1c1:. Corps of Engineers.
~, Borth Carolina .--, 1%9
-10- Klu:cb
HE' . lfOlIIel' H. WUd
2914 Lab S1aal'e Drive
0- Wi1Idngton, li. C. . 28401
Dear Sir: ";"r."M.... ,
-
"q"'- Referring to written request dated 14 N09'eaher 1968
0
Q I have to inform you that. upon the reco_endat.ion of the Chief of Engineers.
N and under t.he provisions ot Section lOot the Act. of Congress approved March 3.
- 1899, entit.led .An act. making appropriat.ions for the construction. repair. and
0 preservation of certain public works on rivers and harbo,rs. and tor other pur-
0
0- poses.. you are hereby authorized by the Secretary ot t.he Arm.Y'
-
r.... to cOD81:rUct 8 bul1rbeacJ, b4t1S.tf!.t.tu...~....-.)
in Myrtle Sound about ~'t!JiI.Y~. ~L~ the A1:JJmtic Intra-
coastal Waterway.
...W~ "h~~~ 1'.uot.1eeb1m11eo andtel1d1a fnm _ddalteDOblt In
_ ...... .... .... ahIaa dIrectloa lor pobda of __)
in accordance with the plans shown on the dl'a..lng at tached hereto
(Or ohawlDp, 8hlo Ale 1l1lllll>er or _ ddIlIte ....tUIaatIcol _1
"Proposed Pier Porti_ 'rueker--Buroett SIlb-DiV., ~le Grove Sound. November 9,
1965w .
SUbject to the toll owing conditions:
1
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119
COUNTY OF NEW HANOVER, NORTH CAROLINA
ORDER AFFIRMING DECISION
OF CHIEF ZONING ENFORCEMENT OFFICIAL
The Board of Adjustment for the County of New Hanover, held a public hearing on
August 23, 2005 to consider application number ZBA-756, submitted by Violet P. and David
Ward, an appeal from the determination by Chief Zoning Enforcement Official Ann Hines, that
Tim and Donnie Ward continued to have a valid special use permit for the property located at
1512 Burnett Road, in Wilmington, North Carolina, to use the property as a commercial marina.
Having heard all the evidence and arguments presented at the hearing, the Board makes the
following FINDINGS OF FACT and draws the following
CONCLUSIONS:
1. The Special Use Permit at issue became vested initially under the common law
principles found in the case law because there was sufficient activity and expenditures during
the period after the permit was issued to so vest.
2. The Board does note that the Appellants cited the failure to meet the vested rights
statute requirements as a basis that the permit either did not become vested initially or
eventually lapsed, but the Board fmds this irrelevant as staff has indicated that their basis for
concluding that the permit became vested initially was the common law vesting found in the
case law, not the vesting rights statute, and once it became vested under those principles, it
continued to run with land, regardless of the level of activity which followed, as described in
the fmdings below.
3. The Special Use Permit at issue did not lapse due to a lack of activity on the site
at some point after the issuance of the permit.
4. The Appellants' primary contention, as stated in the appeal paperwork, Was that
the subject permit lapsed because of inactivity on the site. However, the Zoning Ordinance
states that the conditions of a permit run with the land and shaH be binding on the original
applicants, their heirs, and assigns. Inherent therein is the fact that the permit itself runs with
the land. In the absence of any legal authority to the effect that a permit, once activated,
lapses from inactivity, the Board concludes that the subject permit continues to be active and
runs with the land, regardless of whether the activity described in the permit is ongoing.
The preceding CONCLUSIONS are based upon the following findings:
1. The sale of fuel and snacks, along with some limited rental of wet boat slips
occurred on the site both before and after issuance of the special use permit.
2. Drinks, fishing supplies, fuel and motor oil were sold on the site in the early
1970s.
3. Boats docked at the subject property for the purposes described above during the
- --.--.---.-.- n_
------'----
120
eariy 19708.
4. A beer license was in existence for the subject propeliy, issued to Homer Ward, at
a minimum, during the years 1974, 1978, and from 1982-1983.
5. Gas tanks and pumps were installed on the site in 1975.
6. The site ceased being used as a marina in or around 1980, which cessation lasted
at least ten years.
Based upon the preceding Conclusions and Findings of Fact, the Board hereby affirms
the determination of the Chief Zoning Enforcement Offioer.
Ordered this /1 day of 6J~;;.J '} coS-
, p< .
L)/~ ~
Secretary to the Board ._/C amn;.t
NOTE: If you are dissatisfied with the decision of this Board, an appeal may be taken to the
Superior Court of New Hanover County within 30 days after the date this order is served on you.
See Section 123-1 ofthe New Hanover County Zoning Ordinance. (1/4/93)
-_.~--- --
121
STATE OF NORTH CAROLINA BEFORE THE NEW HANOVER COUNTY
COUNTY OF NEW HANOVER PLANNING COMMISSION
IN THE MATTER OF TERMINATION )
OF SPECIAL USE PERMIT #13 ) MEMORANDUM OF PETITIONERS
ISSUED TO HOMER H. WARD ON ) DAVID AND VIOLET WARD IN SUPPORT
JUNE 7, 1971 ) OF TERMINATION
)
BACKGROUND
A special use permit was issued on June 7, 1971 to Homer H. Ward
for a marina on land owned by Homer Ward on Burnette Avenue and
adjacent waters. The application was considered by the New Hanover
County Planning commission prior to consideration by the County
Commissioners. The Petitioners, David Ward and his mother Violet
Ward, live on the property owned by Violet Ward adjacent to the Homer
Ward property.
The petitioners contend that the special use permit was obtained
by the land owner or his representatives by intentionally supplying
inaccurate information or by making material misrepresentations which
made a difference in the approval by the County Commissioners of the
site specific development plan.
ORDINANCE PROVISIONS
~109.1(e) of the New Hanover County zoning ordinance provides in
pertinent part:
~109.1: Any site specific development plan
approved by the County pursuant to this Ordinance
shall terminate as follows:
(el Following recommendation of the
Planning Board and upon findings by the County
--
122
Commissioners, by ordinance after notice and a
hearing, that the land owner or his
representative intentionally supplied inaccurate
information or made material misrepresentations
which made a difference in the approval by the
approval authority of the site specific
development plan;
OFFICIAL RECORD
The Planning Board is entitled to take official notice of the
County records. The County records on this issue consist of the
following:
1. Minutes of the Planning Commission (Board) at the time this
item was considered. (Exhibit 1)
2. Minutes of the County Commissioners meeting of June 7, 1971.
(Exhibit 2)
3. Site plan showing existing and proposed development of the
property. (Exhibit 3)
4. Special use permit dated June 7, 1971. (Exhibit 4)
REPRESENTATIONS AND INFORMATION SUPPLIED BY
HOMER WARD OR HIS REPRESENTATIVES
1. The Planning commission (Board) minutes indicate that the
application is to expand a marina. This establishes that Ward
represented that a marina already legally existed at the site.
2. The County Commissioners minutes indicate that
representations were made as follows:
a. "Mr. Ward started the marina before the area was zoned."
2
--"---.-""- ~~
123
b. "Mr. Mallory (planning director) . showed the
commissioners a map on which Mr. Ward has shown what he
plans in the future. " (Presumably this is the site
plan contained in the County records) .
c. "Mr. Ward informed the planning commission he has
permits from the Corps of Engineers and State for
dredging. "
d. "[M]ost of the dredging and filling has been done."
THE REPRESENTATIONS WERE MISREPRESENTATIONS
1. There was no existing marina.
a. The structures authorized by a Corps of Engineers permit
issued in 1969 was for a pier and boat ramp only. No
mooring pilings were permitted and no dredging was
permitted. (Exhibit 5, 5 pages)
b. Two of Homer Ward's sons have offered sworn affidavits
in a related proceeding that the marina was constructed
and operated "after the issuance of special use permit
#13" (Exhibit 6, 2 pages) ; and "after the special use
permit was issued." (Exhibit 7, 3 pages) .
c. Testimony of witnesses who lived near or frequented the
site during the period from March 7, 1969 when the Corps
of Engineers permit was issued and June 7, 1971 when the
special use permit was issued lS that no marina
3
"-.-
124
operations were occurring prior to the time the special
use permit was considered by the County Commissioners.
d. Services such as the fuel dock were not begun until 1976
(Exhibit 8).
2. "Mr. Ward started the marina before the area was zoned. "
a. The sworn affidavits of Tim Ward and Donnie Ward
(Exhibits 6 and 7 show that the marina was not in
operation until after the special use permit was issued
on June 7 I 1971.
3. Mr. Ward informed the Planning Commission he has permits from
the Corps of Engineers and the State for dredging.
a. The Corps of Engineers in 1969 did not permit dredging
(Exhibit 5).
b. No State permit was ever issued for dredging (Exhibit
9) .
4. Most of the dredging and filling has been done.
a. Any dredging was done illegally (Exhibit 10) .
b. No permit was ever issued to dredge (Exhibits 5 and 9).
c. It is a material misrepresentation to represent that
dredging has been done without indicating that the
dredging was not lawfully done.
MISREPRESENTATIONS MADE A DIFFERENCE IN THE APPROVAL
Virtually all of the factors considered by the Planning Commission
(Board) and the County Commissioners were misrepresentations. The only
4
125
conclusion that can be drawn is that the factors contained in the
minutes were the factors that were deemed important and were used as
the basis for granting the special use permit. Accordingly, the
standard for terminating the permit under ~109.1(e) is met and the
Planning Board should recommend a termination of the permit to the
County Commissioners.
A termination does not unfairly or unduly affect the property
owner as no marina operations have been carried out on the property for
many years. Even if the 1971 special use permit is terminated, the
property owners may still proceed with requesting a special use permi t
for any new or expanded marina operations. In fact, the current owner
is currently pursuing a special use permit which has to go through the
same procedural process and findings whether it is considered a new
application or an amendment of an existing permit.
CONCLUSION
The Petitioners respectfully request that the Planning Board
recommend to the Board of Commissioners that they terminate special use
permit #13 in accordance with the provisions of n09.1(e) of the New
Hanover County zoning ordinance.
S
~.----- ----
126
Respectfully submitted this 1st day of December, 2005.
WESSELL & RANEY, L.L.P.
By: w.Cl
William A. Raney, Jr
Attorney for Petitio rs
107-B N. Second Street
P.O. Box 1049
Wilmington, NC 28402
Telephone: (910) 762-7475
NC Bar No. 5805
WAR\environ\ROS-304-001
6
----- -~_._----
127
Page 37.2
- 3 -
2. A nine acre parcel of land (Shady Haven Subdivision) lqcated East of nine acre I'
U.S. 421 and West of S. R. {Fl492at the western extension of Seaview of land (SIl
Road from R-15 (Residential) to R-lO (Residential) Haven Subdi
Mr. Mallory stated that t~is property was to be used as a Mobile Home
Subdivision. He also stated that the basic difference between the R-15 and
R-lODistrict' is size of individual lots for single family structure. R-lO
allows lots of 10,000 square feet if a, water system is provided that meets
the requirements of the Health Department. Mr. Mallory said that the Planning
Department recommends approval of this petition. Mr. vOn Oesen asked about an
existing pond within the subdivision.. Mr. Mallory stated that the pond would
be filled prior to 'apprOval of the, final plat.
Mr., Cantwell made a motion, to recommend approval of this request to
County COlllmissio)lers., Mr. Emmart ,seconded the motion and it was approved by
the members.
APPLICATION FOR SPECIAL USE PERMIT (COUNTY): Mt. Pilgrim
Missionary
Baptist Chu
l. Application to expand Mount Pilgrim Missionary Baptist Church on
Car'olina Beach Road (detached kitchen facility). The property is in an
'R-15 Zone.
Mr. Mattory stated that the 'Planniri'g Department has no objections to the
Special Use Permit but the developer 'should be required to resubm'it a sketch
that is drawn to scale, showing th'e boundaries of the lot, church extensions
correctly located' and if the extension is, to be connected to the church.
, Mr. Emmart made a, motion to recommend'approval to the County Commissioners
subject to the petitiOner resubmitting his sketch. Mr. Davis seconded the
motion and it Was approved by the members.
2. Application'to expand the Special Use (Marina) located on lot's 1, 2, 3,& 4 Special Use
between Burnetf""rvenue, (S.R. 1527) and Myrtle Grove Sound. The, property (Marina) on
.is in a~ R-15 ~one" - - ,- , 1,2,3,&4 be
{'.. ,', .---:. ~ Burnett Ave
~~-'Mr. MaiI'~ed th~the'Plann{ng Department reCOmmends approval of the Myrtle Grov
Special, U~e Permit subject to the following conditio~s:
I, That 50%'of the off-street parking should 'be 25 feet in length.
2. That the'sign shOhld not be larger than 3t'sq. ft. and should not
be illuminated. '
3. That no"constructioti. of boats ~hall be permitted on the lot.
4. That when the proposed club house is constructed, additional off-
street parking be provided in accordance with the Zoning
'Ordinance'.
5, That ~ales and services connected with the operation of the club
hO,use facility shall be, incidental to the marina's operation.
6. That, the sale 'of boating' and fishing supplies except gasoline and
oil ,shall be' in an enclosed structure. ,
7. That nO smoking' signs shall be posted at each gasoline point.
Discussion followed concerning larger parking spaces for cars with boat
trailers. 'It was agreed that, in No. 1 above the length' of 50% of the off-
street parking spaces be iricreased to 32 feet in length.
Mr,. von Oesen made, a motion to recommend approval of the Special Use
Permit to the County Commissioners subject to the conditions 'listed by the
Planning Department.' It was seconded by Dr. Pickard and aPproved by the
, members.
PROPOSED AMENDMENT TO COUNTY ZONING ORDiNANCE:
1. Amend Article V Section 55, Subsection 55-3 by adding the following:
(5) Research facilities
Mr. Mallory stated 'that this was the amendment that had been discussed
at the May 5,19'71 meeting to allow research facilities in a B-2 District as'
a Special Use.
Dr; Pickard moved th,at the Planning Commission recommend approval of the
a.m~ndtneni: to.the.co~nty"Commi$Sibners, It was seconded by Mr. Cantwell and
approved by the members. ' '
OTHER ~USINESS: '",. "',T ~ ~==_ OTHER BUSn
_._--~-"
128
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\
PJ1\L!C nSk!llNG 6l"EOIAL \JaB PEilttIT5 - I
,
.......... I1r. JfarriGtI upened pub),:le l1i'i:r-i%16 , on 1:o11owing 'spll.lc1al \Ade perm1lis I ~
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l.. !pplicabion to expand Mount Filjria ~i.8iQna~ Baptist church on Oarolina Besoh
Road. (de\:aohed ki-tchen !eoilit1'. The protJerty ill iel an R-'J.5 Zone.
2. Applioation to expand the apocia1 Use (H~rtne) located en lot~ 1. 2. ~. & 4.Qe-
tWeet1 Burnett A.venue (ttld. M3rt;le Grove Sound. 'l'he propert;r is in e.n ll-l, Zone.
No.1 _ 110unt Pi\&'d... l1iesiolUlt'1 :BIIptiB1: Ohur(Jn was di11lCU8!Jed tix:!lt. 'tibere ';9.8 no
oomment [roa snTons present. -
Mr. Mallor1 stated tPis re~ue$t waR considered b1' the Planning Co~13sion at"their last
~eeting and the C01ll818510o recOllaends l'IPpl;'O'V81 of the requested $leoi81 use pem1t. liIubject;
to r6vision or the sketch plan tlulb \lias J;ubll1t"ed with tlieir QPpl eation. . All l)f tbe iteDls
tba~ were ou;be pl~na wer9 tound to be Dol; looated prope~l1' and it the7 would resubmit the
- pltu1 $ll ittlhQvJ,t1 be . d.1'$wrl to lIe81&. the Planning O~ulon does r~ouend that th11.1 t1pecial
" use p.X'td t be ieuued. /
\ .- lClh 2 _ ~rina w.. dlecu8lle4 n&~iJ. ~.re werg no objection..
Hr. t1..11or,r S1;ated Mr. Ward IItllnlllld the Marina before the area wes zon9d and. showed th~
Oo1l1ll!illslonera e IIBp on wJ:d<lh HJ:o. Ward hils .hoW'll what he 11ll'l1s in ~h.e t'.1ture. 110 tbat; hf: will
not haTe tu OOlle back reC}\1...tl~ epeci.al \1.4e tJl't."ldts ..c t5,... 1'1:1-" Ward infoned. the Plan-
dM COIIIl1...1on be baa peraita rea ilbe Ot>i'pe of :Baginen's and State lor 4re~ing atld. 6108t
Q( tlhe dredlsing and f111'1n6 haa been doul!. 'fhe PlaiUdJ1S Depert:'aeul; re'3Q_endll ilJauf1l1ce or
ep1tcia1 uae peTtllit. aub~ee1: to the ~o11.owi~' .
1. ~~ ~ ot ~~ o~t-8tr.f:t p.~ apaces be at 1eaat 32 teet 1~ length.
2. Proposed Bien Dot to be la~er ~haD 32 .quarBfee~ 1n .i.. - QQn-i11u.inated~
~. 'lha't no oonstruo"cu of' boa1;s be pet.'l\iil1:&d ou the 1011.
4. \lhen,p;r;oopoaed 1)luo hOuee la ooast%'\\cted. additional. o~r-a1:reet parking $PMU 'be lJrO-
vided in accordance vi1;h ~he ZoninS Ordinance.
~. 11.1 sales aJ:1d eet'Yioes COl3,D.4c'ted witb the operation Cl~ the 01:.1b 1'80111,.,. llhall be in-
oid.ntlll to th& Jlarl.n8 operation.. .,..
6. Sale ot boatins and riahing .u~p1i.. ~cept aa~. or gaSOline ~d oil ah.11 be fro.
an 8ncl08(!Q structure.
7. lto ..oldll6 IIl1gne shall be pOJlbed at nch gllDol.ine point.
ttr. nall lIOved"aeoonded b7 Mr. !tarn. that slli!Gial -use pendts \n granted in both 1n-
etlU1cell t 8U~eot to llleflt1ne the requ1r-eaenta :rec~endea. b1 the PlalUli::l6 Oclll\ldaa1ori. Motion
oarried 1Ul8 llIoual,.. '
(''\ZOtfUG ~ IN YI01lfI~ O:r WIUfING'l'OK OOL!.E{lE - '
.. 1'111. RQllo~ etato 'tho 151&nnU111i Department 11&. b~&n lIorldng on ot~ler .nll.8~or cou,u1l7
tonine ana. at lllDllti:i in 11B7 . _p vas pruented to the Planninl$ Co_belon tor ~t'oPoged
~on1ng of .:MII. aroun W'ilai~tOI1 oollege IUl.d a1: tbat the 1 t WlAB voted. to hold t It pubUe
# hearing in June. but ~u.t tr 01' to .a'nrtisib6 tbs1 receind "ora WillllingtQI100llege is foing
to X'llq\te'ut; antlexation whic . viU Ilffel)t the pJ.'QPosed. !oning, 110 thel pluUling Oo_iuion l!l
going to .helve thie ..rea until ~ater.
~ U;uet' d1so'llss1on, Mr. Saniu requeated Mr. MallOt7 to tn"1!sent' to the Plll.nnlng ()olllmisuion
the OQllIlISiBsion"rB' views 01' the a"!Jil'abil1t;r ot ha"itllS a ~blic hearin.; ~t; an "51'11 date on
-this 1l\lS'tber. The 1lQ8.rd. ..,as ot the .opinion ill Ilhoul4 $0 a &0,4 with ~onimg ot tl:11s ..rea.
f,OJiING OF ~RTm' B.....'NEOK ~ - .
nr. nal.lOX'7 llrUenben'lIlap ot ?orter' B lfeok Area going 1000 teet O:-l the northern side of
u. s. 17 wbi~h is basie81~ residenbial and stated the Planning Depar~.ent ~ill recQmmend mosl
or it be ~oned n-15 or R- yitp .xception of two b~1noeses at the in~er.~otion. tarli.st
date public hearing Gan be h~ld wQula be first Oommissioners' \lIeeting In July.
tw. 'JilliallllS tIlQv'Efd. Bacond~d bl'l1r. Oltenreld, tb-at public \1.earill8 be sobeduled for zotlip
'.AreEl No. I] tal' rirli~ meeting in tlul7 lI')rlch villl>e on 'fuead'lQ', Ju17 6. Motion cl\rX'ied.
'Unl'l~\lIou51,..
Rm'OR'l' QN WA'1!1:E.SIffiIl ~~1lA.11 - .
.. fb. Balli dOi::Dfstr;lct C011tle~vationiBt ~ u. S. llepax'l;t1lent at: .Agricu"l tutll) , and. l'tr. George
.. _ __ f",..{ .......n. \illtf!r~hed Advllloi')" CQlIUIlit ee, reported on the Water..h-',d Program.
OF.' 6( .~.....t""'^r.Io....,('t"lIU" nFtt
:..,
~~
129
-- -----_._~
130
SPECIAL USE PERHIT
.
NEW HANOVER COUNTY
Permit No. 13
Application lifo. 14
Zone R-15
A Special Use Permi t is hereby granted by the Board of County Commissioners ,
after consideration by the Wilmington-New Hanover Planning Commission to
Homer H. Ward
to use the land located at Route 2. Box 24l-DD, Burnette AV,e. (S. R. 1527)
for Marina
based on the following conditions: (1) That 50% of the off-street parking spaces
be at least 32 feet in lenp;tb.
(2) Proposed sign not to be lar~er than 32 square feet in size - non-illuminated.
1) That no construction of boats be permitted on the lot.
(4) When proposed club house .is constructed additional off-street: parkinp; spaces .be
provided in accordance wi th the ZoninR Ordinance.
(5) All sales and services connected with the operation of th,e club facility shall
~~ncidental to the marina operations.
(6) Sale of boatinR and fishing supplies except sale of gasoline and oil shall be -
from an enclosed structure.
.,
(7) No smokin}?; signs shall be posted at each gasoline point.
~
This Special Use Permit shall be subject to the conditions listed above and
the ~QQi~rdinance of New Hanover_~QQ~~~y. Ii=_~~~e conditio~ so specified
or ariy part thereof shall be held void or invalid, or ifauy such conditions are
not complied with, this Special Use Permit shall be. void and of no effect. The
Special Use Permit is authorization for the Build~ng Inspector to issue a building
p?rmit for the use listed above.
June 7, 1971 .-
Date
?~"" "'t" UJ, ~ !!1 2T Lf
i,~-,':_:.; ){}, J.l<:tj? ill ~~i__
-~"r'h fJ ~
--
131
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON Ne 28402.1890
October 3,2005
Regulatory Division
Honorable Elizabeth Dole
United states Senator
310 New Bern A venue, Suite 122
Raleigh, North Carolina 27601
Dear Senator Dole:
Thank: you for your September 17, 2005, :inquiry regarding correspondence you received from
Mr. David Ward (lUldated). Mr. David Ward wanted to know what Department of the Armypennits
were authorized to Ho~r Ward .at 1512 Burnett Road.for the_construction of a marina, :in Myrtle -..
Grove SOlUld, New Hanover County.
We have thoroughly searched our records and :files and have concluded that a Department of
the Armypennit was issued to Mr. Homer Ward in 1969 (enclosed). This permit authorized the
construction of a private bulkhead, boat ramp and pier on the property :in question. In addition, I
have enclosed several general pennits that have authorized the maintenance and repair of these
structures subsequent to the original permit (enclosed). According to our records no other pennits
have been issued to Homer Ward at this location.
As always, your interest in this matter, our regulatory program, and all Wilmington District
matters is greatly appreciated. Questions or comments regarding this correspondence may be
directed to Henry Wicker of the Wilmington Regulatory Field Office at (910) 251-4930.
Sincerely,
Enclosures
~~~B~T ~-
fY-"" '. .' "', it '.
t1 [J 5 (,~_;~!':
-------.-.--
132
Mr. Greer/P~~
Mr. Turner ~
MF. sanders~~
Col. Denison/s(3\
Mail J;~I
" OPER ......) /-<.,--
SAwt<S (Permit No. 12-:69) 10 March 1969
Mr. H~ H. Ward
2914 lakeShou Drive
Wilmington. N. O. 28401
~ o.
a Dear Mr. Ward: .. .,'
"''It... In accordance with your written request dated ]A November 1968, there 1s
0- jnc~ it ~'t authori.nrig theeQ~ctlon of ,,'hMt ramp, bulkhead.
and a pier in Myrtle sound ..ar CttoUna.Beach in .Naw Han~, COWrt:y, N. C.
.Q. If ,any lItrter1al changes in the .1oCation or plans of the stru<rtUre or work
CIJ: are found neces$8ry on a<:eount of unfo:tesecm or .1teJ.'fi!cJ cQDdltions or
otherwise, t'e\1!se4 pl,sus $hould be aubld.tt~d prOMptly to the ntatd.ct En-
~.;:.. ginser 1rtm."d\ll' that these rtWised . plans. if foUnd WlObjeetionab1e. may
....'~
G" nee:lve the 8~.1 ~quired by law bef9re eonetruqtion !a begun.
<::) Your atterrtton is called 'let condition (1.) of the inclosed {'emit which re-
4luires th~. pmdttee to no-tify tbia office ~lati.ve to. ~be cC)lQl'Ae~nt
0'0. . and coatpletion dates."'" . .
"'. In response to ay public 1101:1ce dated r.rtlec~er 1968~ balted 'to announce
yc>tU" proposal to aU knCMl interIJat:e<'l pait.$.ea, the State of North Carollna
and C.G. WUUs, Inc.., fqrn1ahed cOlllJ1ents. A capy eaCh OT their 1e.tters"",,'
is inclo_d. In connection with the last potence in paragraph 2',of the <::--
State's letter. ~ attent:lcm is invited to speeial condition (k) in the
~ pe1'lllit:. In c~tton With the letter frOlllC. G.WiWs),Inc-i', YQUratten-
tien is :In\1ited to the \laVe wash t1ier attaehed to the permit. .
Si~ce:tely yOurs,'
3 Incle PAUL S. l>ENlSON
1. 1?emit No. 12-69 Colon.elt Co1:'ps of Eng!~~a
w/~e action fller Distric. Engineer
2. Cy ltr 6- .!far 6.~ till State
3.. Cy ltr 10 Dee 68 fm
C. G. Willis, Inc.
.Copy furnished w/o .:I:ac1s:
llir oj NO Dept of Water &- Air
Resources, lJp~:1ghJ Ne 276G3
........
\
~ ,\
. ~nE"T
;::, -".'",-.k' "l
mIJ~~~ _
-.-.-.--
133
-' ,.
DEPARTMENT OF THE ARMY
NOTE.-It is to be understood that this instrument does not give any property rights either in real estate or mate-
rial, or any exclusive privileges; and that it does not authorize any injury to private property or invasion of private
rights, or any infringement of Federal, State, or local laws or regulations, nor does it obviate the necessity of obtaining
St<<te assent to the work authorized IT UEREIX EXPRESSES THE ASSENT eF 'rIm FIlElBllAL CeYDB1fMiUfT Be P.\B AS eon
eEBlfS THE FtreLIe ltlanY3 of NA/fEl*Ti6U. (See Cummings v. Chicago,188 U. S.,_410.) 16-131~
PERMIT
Wilmington DilStt"ict j Corps of Engineers.
WUmington, North Carolina
--n--j:O--Mnrch--------mm---. 1%9
Mr.. Homer H. Ward
2914 Lake Shore Drive
WU..ndngton, N. C.. 28401
to
Dear Sir: ~:.~~. .
-
'lQ'" , Referring 1;,0 written request dated 14 November 1968
0 :<-, >
Q I have to inform you that, upon the recommendation of the Chief of Engineers,
N and under the provisions of Section 10 of the Act of Congress approved March 3,
- 1899, entitled "An act making appropriations for the construction, repair, and
0 preservation of certain public works on rivers and harbo;rs. and for other pur-
0
'Ci' poses," you are hereby authorized by the Secretary ot the A:ry1Y.
r..... to construet a bulkhead. b~t..teme.,theeaW~ctur. or work.)
in Myrtle Sound about (ltJ2ali!1i!n.w{l,yta,,1j,t~. !N.~rwU~;!}rnY\ the Atlantic Intra-
coastal Waterway.
)(I UEt.,Br ~ol1nra ~~'h tn .~ew nal\ov~ Cotmt~ J!. C. . .
(Here nam e Aeares we.. own ocah -pre era T a WI). or Clty- tit e dlatanee In .ml1!'!1I and tenths from some de1lulte point 10.
the aame, stating' whether above Or below or giving directioD by points of. ~mpaa..)
in accordance with the plans shown on the drdViing attached hereto
(Or dr..w1ngB' give file number or other definite identHication marka.)
"Proposed Pier Portion 'l'ucker...Burnett Sub-Div., Myrtle Grove Sound. November 9,
1968"
subject 1;,0 the following conditions:
I ----
'~~''''4''i:gl mOl~1~T ~
"q,,,,, 'fl ~ ~."1 .
~^. '. ......;f,.
_ m_____.
134
(a) That the work shall be subject to the supervision and approval of the District Engineer, Corps of Engineers,
in charge of the locality, who may temporarily suspend the work at any time, if in his judgment the interests of navi-
gation so require.
(b) That any material dredged in the prosecution of the work herein authorized shall be removed evenly and no
large refuse piles, ridges across the bed of the waterway, or deep holes that may have a tendency to cause injury to
navigable channels or to.the banks of the waterway shall be left. If any pipe, wire, or cable hereby authorized is laid
in a trench, the formation of permanent ridges across the bed of the waterway shall be avoided and the back filling
shall be so done as not to increase the cost of future dredging for navigation. Any material to be deposited or
dumped under this authorization, either in the waterway or on shore above high-water mark, shall be deposited or
dumped at the locality shown on the drawing hereto attached, and, if so prescribed thereon, within or behind a good
and substantial bulkhead or bulkheads, such as will prevent escape of ' the material in the waterway. If the mate-
rial is to be deposited in the harbor of New York, or in its adjacent or tributary waters, or in Long Island Sound, a
permit therefor must be previously obtained from the Supervisor of New York Harbor, New York City.
(e) That there shall be no unreasonable interference with navigation by the work herein authorized.
(d) That if inspections or any other operations by the United States are necessary in the interest of navigation,
all expenses connected therewith shall be borne by the permittee.
(e) That no attempt shall be made by the permittee or the owner to forbid the full and free-use by the public of
all navigable wateu;at or adjacent to the work or structure.
<< (J) That if future operations by the United States require an alteration in the position of the structure or work
herein authorized, or if, in the opinion of the Secretary of the Army, it shall cause un~sonable obstruction to the free
- navigation of saioi water, the owner will be required upon due notice from the Secretary of the Army, to remove or
alter the structural work or obstructions caused thereby without expense to the United States, so as to render naviga-
o;;:r- tion reasonably free, easy, and unobstructed; and if, upon the expiration or revocation of this permit, the structure,
fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners shall,
e without expense to the United StateS, and to such extent and in Such time and manner as the Secreta:ry of the Army
may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navi-
o gable capacity of the watercourse. No claim shall be made against the United States on account of any such removal
" or alteration.
(\\ (g) That the United States shall in no case be liable for any damage or injury to the structure or work herein
. . . authorized which may be caused by or result from future operations undertaken by the Government for the conserva-
tion or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from
....... any such damage.
. . (h.) That if the display.of lights and signals on any work ~~"reby authorized is not otherwise pro'iiided for by law,
o such lights and signals as iWty be prescribed by the U. S. Coast "Guard, shall be installed and maintained by and at the
expense of the owner.
o (i) That the permittee shall notify the said district engineer at what time the work will be commenced, and as
far in advance of the time of commencement as the said district engineer may specify, and shall also notify him
.0"- promptly, in writing, of the commencement of work, suspension of work, if for a period of more than one week,
resumption of work, and its completion. aU
....... (i) That if the structure or work herein authorized is not completed on or before _______m__t_____________________ day
. , ". of ..Deeember-------------. 19..12, this permit, if not previously revoked or specifically extended, shall cease and
be null and void.
(k) That the J,termittee shall comply promptly with any regulations, conditions,
or :l:utruotioDS affecting the work hereby aU'thO%'ued if and when tswed by the
Federa:l, Water Pollu1:f.on Control Adndn:1stration and/or the State water pollution.
control agency having jurisdiction to abate.. prevent water pollution." Such reg-
ulations, conditions or instructions in effect or 'prescribed by the Federal Water
Pollution Control Administration or State agency are hereby made a eondittou of
'this pendt.
By authority of the Secretary of the Army:
-G2'Lfi~"..-'-~
PAUL S. DENISON
Co10oo... ..1, C...otP.. ..$ of Engineers
Distrie"t' EngIneer
~~EF~R4~ 1721 (Civil) This farm supersedes ED )'01111 ~ dated 1 Apr <<8, which m.y be u,ed unID ...han,ted.
v. !!I. GOVElNIIlUT Pl.IIlTllIllOO orncl: 1&-13UI8-5
t' l'iiiA8'-"''''l"T ~
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STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF NEW HANOVER 04 CVS 2195
TIMOTHY H. WARD and DONNIE H. )
WARD, )
)
Plaintiffs, ) AFFIDA VIT OF TIMOTHY H. WARD
)
-vs- )
)
NEW HANOVER COUNTY, )
)
Defendant. )
I, Timothy H. Ward, being first duly sworn, depose and say that:
1. I am one of the Plaintiffs in this action.
2, I have personal knowledge of the matters set forth herein.
3. I am 47 years old, having been born in New Hanover County on October 22, 1956.
4. I am one of the owners of the property located at 1512 Burnett Boulevard,
Wilmington, New Hanover County, North Carolina, which property is identified as Lots 1,2,3 and
4 of Block 3 of Tucker-Burnett Subdivision, as more particularly described in that General
Warranty Deed dated and recorded on June 20,2001 in Book 2963 at Page 412 of the New Hanover
County Registry ("Subject Property" or "Father's Property").
5. My father was Homer H. Ward. My mother was Frances Ward.
6. I resided in New Hanover County until 1985, and I returned in 2001. I currently
reside in New Hanover County.
7. My father was an electrician by trade, and I helped my father and older brother,
Donnie, with his business, known as Azalea Electric, during high school.
8. In 1969, my father obtained a Permit fonn the Wilmington District of the U.S. Army
Corps of Engineers to dredge the riparian area of the, Subject Property for the construction and
operation of a marina. .
9. A copy of the Corps of Engineers' Permit is attached hereto and marked as Exhibit
"A,"
&'''1 I srr _ fJ ___
---~--- ~
137
.
10. As I recall, my Father's Property was dredged in 1971 after issuance of the COlpS of
Engineers permit.
1l. On June 7, 1971, my father obtained Special Use Permit No. 13 from the New
Hanover County Commissioners.
12. After the issuance of Special Use Pennit No. 13, I assisted my father and brother,
Donnie H. Ward, in the construction, operation and maintenance of the marina that is located upon
the Subject Property.
13. The marina operation was called "Ward's Marina."
14. My father operated the marina on the Subject Property for a number of years until
his death in January 2000 in New Hanover County.
AND FURTHER THIS AFFIANT SA YETH NOT.
This the ,g- day of October, 2004.
~~~.S0.aD
TIMOTHY H. WARD
SWORN TO AND SUBSCRIBJD
BEFORE ME THIS THE } ~
DA Y OF OCTOBER, 2004
POrm~o.i {Stamp-Seal]
""\lilli,,,
Notary Public "" ~ eRAI ""
...' <( t"............ G' '~
~.- -.;'
....- ..'
.. . 1AIl. ...
~ l ~O Y \ ~
My Commission Expires: : : :0:-
: z i .......... i z =
~ ~. ~: ~
lol:2.olo1 ~ .... ,oUB\..'C,.... ~
~ ~ .... .....$
~ ~J\t, ........... 0-0 ,'"
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"""11"""
2
-----
138
~. ~i r- ~l , ~ I~,:\ i 0" \'V?
.
. ~~Lr" \
"- ~ If
. U
STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
COUNTY OF NEW HANOVER 04 CVS 2195
TIMOTHY H. WARD and DONNIE H. )
WARD, )
)
Plaintiffs, ) AFFIDA VIT OF DONNIE H. WARD
)
-vs- )
)
NEW HANOVER COUNTY, )
)
Defendant. )
I, Donnie H. Ward, being first duly sworn, depose and say that:
1. I am one of the Plaintiffs in this action.
2. I have personal knowledge of the matters set forth herein.
3. I am 52 years old, having been born in New Hanover County on February 20, 1952.
I have lived in New Hanover County my entire life.
4. I am one of the owners of the property located at 1512 Burnett Boulevard,
Wilmington, New Hanover County, North Carolina, which property is identified as Lots 1,2,3 and
4 of Block 3 of Tucker-Burnett Subdivision, as more particularly described in that General
Warranty Deed dated and recorded on June 20,2001 in Book 2963 at Page 412 of the New Hanover
County Registry ("Subject Property" or "Father's Property").
5. My father was Homer H. Ward. My mother was FrancesWard.
6. From 1968 and continuing until my second year in college at the University of North
Carolina at Wilmington, I resided on the Subject Property with my father and mother.
7. My father was an electrician by trade, and I helped my father with his business,
known as Azalea Electric, during high school and college. I graduated from college in 1974 and
subsequently married and moved out of my father's residence on the Subject Property,
8. My wife and I lived in a trailer in Wheel Estates in Wilmington for several years
prior to building a house that is located in the Tucker-Burnett Subdivision, a couple of blocks from
my father's residence at the Subject Property.
re~ ~ p(1-., ~ T
'1i~~W i _ 7--~
'-
-
.-.. --~---------..-
139
, "
9, In 1969, my father obtained a Permit from the Wilmington District of the U.S. Army
Corps of Engineers to dredge the riparian area of the Subject Property for the constmction and
operation of a marina. -1 -
- .
10. A copy of the Corps of Engineers' Permit is attached hereto and marked as Exhibit
"A."
11. As I recall, the property was dredged in 1971 after issuance of the Corps of
Engineers permit. 1iIl'~
12. On June 7, 1971, my father obtained Special Use Permit No. 13 from the New
Hanover County Commissioners.
13. I attended the Special Use Permit hearing in Wilmington with my father.
14. After issuance of these permits, I physically ~ssisted, my father with the dred&ing of
the canal in the riparian area of the Subject Property next to the Intracoastal waterway, helped my
father with the constmction of the improvements authorized by Special Use Permit No. 13, helped
my father with the erection of a business sign for the marina, sold gas, sodas, snacks, bait, food
stuffs, etc., to customers of the marina and other odd jobs as requested by my father.
15. My father and I wired the electrical facilities for the marina, as he was an electrician.
My father requested and obtained a special transformer from CP&L for providing additional
electricity to the Marina buildings. This special transformer still exists at the original location.
16. The marina operation was called "Ward's Marina," and I still have the original sign
used by my father to advertise the marina to the public. A photograph of this marina sign is
attached hereto and marked as Exhibit "B." This sign is over 30 years old. My father operated the
marina on this property for a number of years, and I had the occasion to visit with him and assist
him with the ,operation almost e,y".ery d~y ~ntil his death in ;!?nuary 20Q9 in New Hanover County.
17. The lumber that my father and I used to build the pier house and other marina
structures was purchased from Godwin Lumber Company in Castle Hayne. I remember going to
Godwin's with my father.
18. My father also obtained a business license from New Hanover County for the
operation of his marina and for the sale of beer, gasoline, soft drinks and fishing and boating items
commonl y found at marinas.
19.':>1 .f}Jt~"l~ ,~e5ia! u~e ae.rm!t was issued to my father, he operated the Subject
Property as a commercial marina and sold gasoline, beer and other items to the public.
20, I personally recall an incident in the mid-1980s when a barge destroyed pmt one of
the marina buildings. My father was compensated by an insurance company for this loss.
2
~---,-_..---
140
,
21: During the early 1970s, Monty Etheridge, one of my father's customers, operated a
shrimp boat, which he moored at the marina. As I recall, this was between 1972 and 1974.
t 22. My father receivyd income from the operation of the commercial marina on the
Subject Property from moorings, boat slips, boat launchings, and sales of gasoline, drinks, snacks
and other items.
23. My father also had the marina dredged on occasion.
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24. I..Eerso~al1Y dre~the site pla!!.us~d !>y my father for the marina. In addition to wet
boat slips, dry boat storage was clearly planned for the marina a~tlie marina.
25. Two mechanical boat lifts had been used at my father's property for years after the
issuance of Special Use Pertnit No. 13. __
AND FURTHER THIS AFFIANT SA YETH NOT.
. ., sf
ThIS the _ day of October, 2004.
~$JJ
DONNIE H. W ARb
SWORN TO AND SUBSCR~ED
BEFORE ME THIS THE I ~
DA Y OF OCTOBER, 2004
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141
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CERTIFICATE OF SERVICE
The undersigned does hereby certify that a copy of the foregoing and attached
AFFIDAVIT OF DONNIE H. WARD
was this date served by telefax before 5:00 p.rn. and depositing said copy in the United States Mail,
postage prepaid, and addressed to the following attorneys at the indicated addresses:
Mr. E. Holt Moore, III
Assistant County Attorney
320 Chestnut Street, Room 309
Wilmington, NC 28401
Telefax: 341-4170
Mr. William Norton Mason
SHIPMAN, MASON & WRIGHT
II S. Fifth Avenue
Wilmington, NC 28401
Telefax: 762-6752
This the 1st day of October, 2004.
~~
KENNETH A. SHANKLIN, NCSB #05826
MATTHEW A. NICHOLS, NCSB # 23403
Attorneys for Plaintiffs
214 Market Street
P. O. Box 1347
Wilmington, NC 28402-1347
Telephone: (910) 762-9400
Telefax: (910) 251-1773
4
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142
FEB-18-2005FRI 05:13 PM COUNTY ATTORNEY OFFICE FAX NQ 910 341 4170 p .,
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F~CILITY OATl SH~ET - PAGE at OF 01
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Char/es S. Jones, Director William G. Ross Jr., Secretary
November 21,2005
David Ward
1508 Burnett Road
Washington, NC 28409
Dear Mr. Ward:
Reference is made to our recent telephone conversation concerning any permits that may have
been issucd to Homer Ward at 1512 Burnett Road, adjacent to Myrtle Grove Sound. Wilmington.
After a comprehensive search of our on-site permit files, as wcllns a search of our permit
tracking database, the only permits Coastal Area Management Act (CAMA) andlor State Dredge
and Fill Law permits that T can find that have been issued to Homer Ward were (1) a general
permit for a boat slip in 1992, and (2) 3 general permit for a bulkhead in 1993. Additionally, two
general pennits for bulkheads were issued to Mr. Tim Ward at the site in 2004.
I would also like to let you know that Mr. Tim Ward is in the process of applying for a CAMA
Major Permit to dredge a portion of the property in front of his property, and to construct a
multi-slip docking facility. As an adjacent property owner, Mr. Ward will be required to notify
you of his intentions to apply for this permit, and you may provide any specific comments you
have on the proposed project at that time. As we have previously discussed, the fact that Mr.
Ward is applying for a permit does not mean that a permit will be issued. A decision on whether
Or not to grd.nt a permit w.ill only be made after coordinating with various stale and federal
environmental review agencies.
1 hope that the abovc information is usefuL Please let me know if! may provide any additional
permit histories at this location.
Sincerely. ~'
~/'//~
Doug Huggett
Major Pennit Coordinator
Cc: Jim Gregson
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808.2808 \ FAX: 252-247-3330 \ Internet: www.nccoaslalmanagement.net
An Equal Opportunity' Affirmative ActiOll Employer - 50% Recyded , , 0% Post Consu/Yl<':( P3pet
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GOVeRNOR '- -
J.:muary 12, 1971:-, ....1 ," .. DIV'.!i'ON or- COMMERCIAL
ROV G. S:OWCRS. JR. 1'" .J ,. . '. ANO SPORTS FI..sHlIAllt~
DIReCTOR ':'. :' .. ~':'i . '. . " i\::.:: 'r'I.:;L..I:PI10NE-~ B;::g-31<<i)'
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MEMORANDUM TO - T. L. Linton (Ed Yadc)
1:'rolU . Jim Brown
Sub j ecc App. for C&D Permit _ H. H. Yard - dated 1-12-71
'While flying with Pilor: Arthur Rose January II, \.l'e observed a dredging op~rar:ion
in Myrtle Sound on the vest side of the l~ approximateLy L/2 mile south of the
Carolina Beach Inlet. Mr. Ward was having the dredging done by Harrelson 6.
'l.'homas (co-owners of dredge OYAR HIOOl). I stopped and talked u!th che dredge
owner.. aod with Mr, Ward. No C&D permit had been applied for. A federal pcx:nlit
was obtained for con5cruct~on of the bulkhend and to fill w~ thin che bulkhead,
but not for excavation of fill ~a~erials from submerged bottoms. The f,eder <11
permi.t is No. W-661 dated December 2, 1968.
I j,nfot"lned I1r. Ward that he must obtain a SCate permit for any dredge and fill
work begun after January 1, 1970, in addition to his federal permic, and also
that the fedcrul permit obtained did not cover dr.edging whieh is presently being
done. r al~o mentioned to Mr. Harrelson that chi.,> is the second case in which
his dredge had been invol ve.d in unauthorozed dredging.
I assi.sCtld Mr. 'Wnrd in completing application fOl;'ms, maps, ctc. to apply for
the St4te permit. Thesc should reach youx;- office at about. che same time Cl.$ this
memorandunl.
From being O~ site, it was qui tG obvious that the drcdginS in progress was hav-
ing little effect on fisheries resourCes of' the ar~i1., and that: all spoil matot'ials
WCLC beiu{; ~deCjuately confined behind cxisting bulkhead. Had an application been
filed, it is my opinion Chat therc would hav~ been no objections Voiced tlc;ainst'
iSSUance of a p~rmic_
Since the Operation ~as approxi~acely 2/3 completed, Hr. Ward and the dre.dgf::
owners were quite concerned about thE:'. stoppage of tb5.s project. I j,l'\fOrrned
them that I had ~o authority to allow cont~nunnc~, but I ,,,ould r'11ay the c i, r .
curJls lance to the Fishcri,es Commissioner ..cor his com:i.deration in allowing Con~
tinunt ion of the project.
Jim Brown
EXHIBIT lQ~_
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146
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
9:00 p.m. 1. Non-Agenda Items (limit three minutes)
9:05 p.m. 2. Approval of Minutes 149
147
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148
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 05/01/06
Water & Sewer Item #: 2 Estimated Time: Page Number:
Department: Governing Body Presenter: Sheila L. Schult
Contact: Sheila L. Schult
Item Does Not Require Review
SUBJECT:
Water & Sewer District - Approve Minutes
BRIEF SUMMARY:
Approve minutes from the Regular meeting of the Water & Sewer District held on April 18, 2006.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes,
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
149