HomeMy WebLinkAboutAgenda 2007 04-02
AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembb Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wdmington, NC
WilLIAM A. CASTER, CHAIRMAN. ROBERT G. GREER, 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
April 2, 2007 3:30 p.m.
MEETING CALLED TO ORDER (Chairman William A. Caster)
INVOCATION (Pastor Robert Campbell)
PLEDGE OF ALLEGIANCE (Commissioner William A. Kopp)
APPROVAL OF CONSENT AGENDA
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
3:40 p.m. 1. Consideration of Proclamation to Designate the Month of April 2007 as 33
Sexual Assault Awareness Month
3:45 p.m. 2. Consideration of Proclamation to Designate the Week of April 8-14.2007 as 35
National Telecommunicators Week
3:50 p.m. 3. Consideration of Proclamation to Designate the Month of April 2007 as 37
Commuter Challenge Month
3:55 p.m. 4. Second Reading 39
Revisions to New Hanover County Code, Section 5-4 Definitions: Animals &
Fowl
4:05 p.m. 5. Consideration of Purchase ofTen Sheriff's Vehicles and Adoption of 41
Ordinance for Budget Amendment 07-183
4: 10 p.m. 6. Discussion by the County Commissioners to Consider Requesting 43
Authorization for Additional Revenue Options for New Hanover County
4:20 p.m. 7. Public Hearing to Receive Public Comments on Documents for the 45
Consolidation of Water and Sewer Utilities with the City of Wilmington
4:35 p.m. 8. Meeting of the Water and Sewer District 185
4:45 p.m. 9. Non-Agenda Items (limit three minutes)
4:50 p.m. 10. Additional Items
County Manager
Commissioners
Clerk to the Board
County Attorney
1
5:00 p.m. Dinner Break
5:30 p.m. 11.1 Public Hearing 83
Modification of Master Plan (Z-677, 7/99; Mod. 1/07) - Request by McKim &
Creed for NNP IV Cape Fear River, LLC to Modify the Approved Master
Plan for Relocation of River Road
6:45 p.m. 11.2 Public Hearing 109
Rezoning (Z-857, 11/06) - Request by Haden Stanziale for JH Land, LLC
to Rezone Approximately 341 Acres in the Community and Conservation
Land Classification Located between Holly Shelter Road and N. College Road
from 1-2 to R-15 Residential District, R-lO Residential and B-2 Commercial
District
7: 15 p.m. Break
7:25 p.m. 11.3 Public Hearing 117
Modify Site Plan (Z-83l, 2006, Modification, 3/07) - Request by State
Employees Credit Union to Amend the Approved Site Plan in a CD(B-l)
Zoning District to Reposition Building and Amend Interconnectivity
7:55 p.m. 11.4 Public Hearing 129
Modify Special Use Permit (S-118, Modification, 3/07) - Request by Ogden-
New Hanover County Volunteer EMS to Amend an Existing Special Use
Permit to Add One New Building to the Existing Facility in the 4500 block of
Carolina Beach Road
8: 10 p.m. 11.5 Public Hearing 147
Special Use Permit (S-574, 3/07) - Request by Withers and Ravenel for
Whiskey Creek Overlook, LLC to Locate a 7-Slip Community Boating
Facility in the Waters of Whiskey Creek in an R -15 Residential District at
Whiskey Creek Overlook Subdivision Located at 231 Trail's End Road
8:25 p.m. 11.6 Public Hearing 161
Special Use Permit (S-575, 3/07) - Request by Withers and Ravenel for
Roland Tilden to Locate High Density Residential Development of 50 Units in
the Urban Land Classification in an R-15 Residential Zoning District at 4900
and 4916 S. College Road
8:45 p.m. 11.7 Public Hearing 173
Rezoning (Z-860, 3/07) - Request by Land Consultants, Inc. for Corbett
Package Company to Rezone Approximately 45 Acres (a Portion of 1505
Castle Hayne Road) in the Transition Land Classification from 1-2 Heavy
Industrial District to R-15 Residential District
9:05 p.m. 11.8 Public Hearing 183
Text Amendment (A-357, 3/07) - Request by Staff to Amend Article V.
District Regulations, Table of Permitted Uses to Add Parks as Permitted Uses
in All Districts
9:20 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
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
4:35 p.m. 1. Non-Agenda Items (limit three minutes)
4:40 p.m. 2. Approval of Minutes 187
3
This page intentionally left blank.
4
CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes 7
2. Approval to Submit a Three-Year Renewal Grant Application to the Corporation 9
for National Service to Fund the Foster Grandparent Program from July 2007-
2010 in the Amount of$159,6l6 Per Year
3. Approval of New Hanover County Board of Education Budget Amendment #2 11
and Adoption of Ordinance for Budget Amendment 2007-74
4. Approval to Adopt a Proclamation to Recognize April 14-28, 2007 as Spring 15
Litter Sweep in New Hanover Countv
5. Approval of Recommendations from the Juvenile Crime Prevention Council for 17
Department of Justice and Delinquency Prevention Funds for Fiscal Year 2007-
2008
6. Approval to Submit Grant Application to the Criminal Justice Partnership Board 19
7. Approval of Receipt of North Carolina Department of Crime Control and Public 21
Safety Grant Funds and Adoption of Ordinance for Budget Amendment 07-168
8. Ratfication ofInstitute of Museum and Library Sciences Grant Application 23
Adoption of Budget Ordinances:
9.1 Budget Amendment 07-131 Health 25
9.2 Budget Amendment 07-158 Health 27
9.3 Budget Amendment 2007-79 Budget 29
5
This page intentionally left blank.
6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Consent Item #: 1 Estimated Time: Page Number:
Department: Governing Body Presenter: Chairman Caster
Contact: Sheila L. Schult
Item Does Not Require Review
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes for the following meetings:
Agenda Review meeting held on March 8, 2007
Joint Meeting held on March 8, 2007
Regular Session Meeting held on March 12,2007
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes as presented.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
7
This page intentionally left blank.
8
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Consent Item #: 2 Estimated Time: Page Number:
Department: Aging Presenters: Bunnie Brush and Annette Crumpton
Contact: Bunnie Brush
SUBJECT:
Approval to Submit a Three-Year Renewal Grant Application to the Corporation for National Service to Fund the
Foster Grandparent Program from July 2007 -2010 in the Amount of $159,616 Per Year
BRIEF SUMMARY:
The Department of Aging requests permission to submit a three-year renewal grant application to the Corporation for
National Service (CNS) to fund the Foster Grandparent Program (FGP) from 2007-2010. The grant provides for a stipend
of $2.65 per hour and transportation expenses for 35 low income senior volunteers who meet income eligibility
requirements and are 60 years of age or older. Each volunteer is required to provide 20 hours of service weekly mentoring
at risk children in New Hanover County. The Foster Grandparent volunteers work one-on-one with at risk children in Head
Start, elementary, middle schools, and Laney High School so that these children succeed in school and have the necessary
skills to be promoted to the next grade. They also mentor at risk youth in Girls, Inc., and Kelly House. The program
provides 36,540 hours of service to our youth annually. It also helps improve the quality of life for the Foster Grandparent
volunteers. The grant requires a local match of $17,735. This amount will be included in the department's annual budget
request.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve request to submit the Corporation for National Service three year renewal grant application in the amount of
$159,616 per year.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
A copy of the grant application is available for review in the County Manager's office.
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
(revised)
9
RPCBGT _424
March 22. 20078:39 AM
New Hanover County FGP
New Hanover County Dept of Aging
Application 10: 07SF075834 Budget Dates:
Total Amt CNCS Share Grantee Share Excess Amount
Section I. Volunteer Support Expenses
A. Project Personnel Expenses 53,275 34,254 19,021 0
B. Personnel Fringe Benefits 150 0 150 0
FICA 4,075 2,130 1,945 0
HeaRh Insurance 8,013 3,723 4,290 0
Retirement 2,605 810 1,795 0
Life Insurance 0 0 0 0
Total $14,843 $6,663 $8,180 $0
C. Project Staff Travel
Local Travel 800 800 0 0
Long Distance Travel 2,370 2.370 0 0
Total $3.170 $3,170 $0 $0
D. Equipment
E Supplies 665 365 300 0
F. Contractual and Consultant Services 2,200 0 2,200 0
I. Other Volunteer Support Costs 14,325 1,639 12,686 0
J. Indirect Costs
Section I. Subtotal $88,478 $46,091 $42,387 $0
Section II. Volunteer Expenses
A. Stipends
Corporation Funded 96,845 96.845 0 0
Non-Corporation Funded 0 0 0 0
Non-Stipended 0 0 0 0
Total $96,845 $96,845 $0 $0
B. Other Volunteer Costs 0 0 0 0
Meals 13,000 1.000 12.000 0
Uniforms 0 0 0 0
Insurance 249 0 249 0
Recognition 1,200 800 400 0
Volunteer Travel 16,885 14,880 2,005 0
PhysiCal Examinations 2.850 0 2,850 0
Tolal $34,184 $16,680 $17,504 $0
Section II. Subtotal $131,029 $113,525 $17,504 $0
Budget Totals $219,507 $159,616 $59,891 $0
Funding Percentages 72.7% 27.3%
Required Match n/a
# of years Receiving CNCS Funds n/a
Form 424A Modified SF-424A (4/88 and 12/97)
Page 1
10
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Consent Item #: 3 Estimated Time: Page Number:
Department: County Manager Presenter: Cam Griffin
Contact: Cam Griffin
SUBJECT:
Approval of New Hanover County Board of Education Budget Amendment #2 and Adoption of Ordinance for
Budget Amendment 2007-74
BRIEF SUMMARY:
Please find attached for your review and approval Board of Education Budget Amendment #2, which was approved by the
Board of Education on March 5, 2007. The budget amendment budgets Public School Capital Building funds in the amount
of $815,000 to increase the renovation project at Forest Hills School. (County Commissioners approved the Board of
Education's request to the State to use Public School Capital Building funds for this project 01/08/07.)
The budget amendment appropriates Board of Education fund balance in the amount of $39,000 for the Isaac M. Bear High
School Facility.
Also attached is the County's budget amendment to increase the $123 million School Bond Project Fund by $815,000.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve Board of Education Budget Amendment #2 and New Hanover County Budget Amendment 2007-74.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
........
. ..
2007-743-21-07.doc
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
11
Budget Amendment
#2
New Hanover County Administrative Unit
Capital Outlay Fund
The New Hanover County Board of Education at a meeting on the 5th day of March 2007, passed the
following resolution.
Be it resolved that the following amendments be made to the Budget Resolution for the fiscal year
ending June 30, 2007.
Amount
Code Number Description of Code Increase (Decrease)
Various See Attached $ 854,000.00
Revenue:
Various See Attached $ 854,000.00
Explanation: Carryover of Project Budgets
Total Appropriation in Current Budget $126.725.416.89
Amount of Increase/(Decrease) of above Amendment 854.000.00
Total Appropriation in Current Amended Budget $127,579.416.89
Passed by majority vote of the Board of Education of New Hanover County on the
~(.'-- 20~.
-~-----"-'-'".'--'-'-----"'~"."--
~.^'_._-
12
Capital Outlay Fund Amendment #2
To increase the budget for the Renovation project at Forest Hills, based
on project approval received from DPI for use of the Public School
Capital Building Fund:
4.9115.074.522.000.945 General Construction 600,000.00
4.9115.074.529.000.945 Miscellaneous Contracts 125,000.00
4.9115.074.526.000.945 Design 90,000.00
815,000.00
revenue:
4.3340.074.000 Public School Capital Building Fund (815,000.00)
Addition Project Needs for the Isaac M. Bear High School facility:
Food Service Equipment per Heath Department
4.9248.401.529.340.945 Design, Grease Traps, and Hardware 83,000.00
Fire Alarm & Security system in original budget
4.9248.401.529.340.931.07 provided by UNCW (44,000.00)
39,000.00
revenue:
4.4910.000.000 Fund Balance Appropriation (39,000.00)
Total Increase in Capital Outlay 854,000.00
Capital Outlay Fund - Page #1
13
AGENDA: April 2, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET
BY BUDGET AMENDMENT #2007-74
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following
Budget Amendment #2007 -7 4 be made to the Capital Project Ordinance for the $123M School Bond Project.
Section 1: Details of Budget Amendment:
Fund:$123M School Bond Project
Department: Finance
Exnenditure: Decrease Increase
Forest Hills School Renovations $815,000
Total $815,000
Revenue: Decrease Increase
Public School Capital Building Fund $815,000
Total $815,000
Section 2: Explanation
To increase the budget for the renovation project at Forest Hills Elementary School based on project approval
received from the Department of Public Instruction for use of the Public School Capital Building Fund.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina,
that the Ordinance for Budget Amendment #2007 -7 4 amending the annual budget ordinance for the fiscal year
ending June 30, 2007, is adopted.
Adopted, this day of ,2007.
(SEAL )
--------
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
14
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Consent Item #: 4 Estimated Time: Page Number:
Department: County Manager Presenter:
Contact: Bruce Shell
Item Does Not Require Review
SUBJECT:
Approval to Adopt a Proclamation to Recognize April 14-28, 2007 as "Spring Litter Sweep" in New Hanover County
BRIEF SUMMARY:
The North Carolina Department of Transportation (NCDOT) provided a packet of information to promote the Litter Sweep
Roadside Cleanup April 14-28, 2007. Additional information may be obtained on the NDDOT website:
http://www.ncdot.org/-beautification or by calling 1-800-331-5684.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt attached proclamation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
........
... .
Spring Utter Sweep.doc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
15
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
SPRING LITTER SWEEP 2007
PROCLAMATION
WHEREAS, the North Carolina Department of Transportation organizes an armual spring
statewide roadside cleanup to ensure clean and beautiful roads in North Carolina; and
WHEREAS, the Spring 2007 LITTER SWEEP roadside cleanup will take place April 14-18,
2007, and local governments, communities, civic and professional groups, businesses, churches,
schools, families, and individual citizens are encouraged to participate in the Department of
Transportation cleanup by sponsoring and organizing local roadside cleanups; and
WHEREAS, Adopt-A-Highway volunteers, Department of Transportation employees,
Department of Correction inmates, and community service workers, local government agencies,
community leaders, civic and community organizations, businesses, churches, schools, and
environmentally concerned citizens conduct local cleanups during LITTER SWEEP and may
receive certificates of appreciation for their participation; and
WHEREAS, the great natural beauty of our state and a clean environment are sources of great
pride for all North Carolinians, attracting tourists and aiding in recruitment of new industries;
and
WHEREAS, the cleanup will increase awareness of the need for cleaner roadsides, emphasize
the importance of not littering, and encourage recycling of solid wastes; and
WHEREAS, the North Carolina Adopt-A-Highway program will celebrate its 19th anniversary
and its 6,000 volunteer groups donate their labor and time year-round to keep our roadsides
clean; and
WHEREAS, the LITTER SWEEP cleanup will be a part of educating the children of this great
state regarding the importance of a clean environment to the quality of life in North Carolina.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that April 14-28, 2007 be recognized as SPRING LITTER SWEEP in New
Hanover County.
ADOPTED the 2nd day of April 2007.
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
16
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Consent Item #: 5 Estimated Time: Page Number:
Department: County Manager Presenter: Delores Williams, JCPC Chairman
Contact: Patricia A. Melvin, Assistant County Manager
SUBJECT:
Approval of Recommendations from the Juvenile Crime Prevention Council for Department of Juvenile Justice and
Delinquency Prevention Funds for Fiscal Year July 1, 2007 through June 30, 2008
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 March 16,
2007 meeting, to recommend funding of the programs listed below at the levels indicated, for FY 2007-08.
Juvenile Day Treatment Center $201,161
Teen Court $ 36,362
Juvenile Psychological Services (Juvenile Day Treatment Center) $200,602
Administration $ 5,500
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept the recommendations from the JCPC as presented above; accept grant award, if approved by the State of NC; and
approve associated budget amendment.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: N/A
17
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
18
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Consent Item #: 6 Estimated Time: Page Number:
Department: County Manager Presenter: Ray Blake, CJPB Chairman
Contact: Patricia A. Melvin
SUBJECT:
Approval to Submit Grant Application to the Criminal Justice Partnership Board (CJPB)
BRIEF SUMMARY:
The CJPB voted, at its meeting of March 23, 2007, to request approval to submit an application to the Dept. of Corrections
Criminal Justice Partnership Program for funding of the local Day Sentencing Program. Grant funding in the amount of
$152,751 is provided annually to support the cost of operating the Day Sentencing Program. There is no County match
for receipt of such funds. The Day Sentencing Program is operated via a contract with Coastal Horizons. It is designed
to reduce recidivism rates, reduce the number of probation revocations, and reduce alcoholism and other drug
dependencies among offenders, and reduce the cost of incarceration. The program provides judges an intermediate
sentencing option for those sentenced to lesser crimes, saving valuable prison space for dangerous felons. The caseload
for this program is 110.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve submission of grant application for funding via the Criminal Justice Partnership Program in the amount of
$152,751 for FY 2007-08 and accept grant if awarded.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation: Grant funds in the amount of $152,751 will be included in the FY07-08 budget process.
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
19
This page intentionally left blank.
20
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Consent Item #: 7 Estimated Time: Page Number:
Department: Emergency Management Presenter:
Contact: Kristen Wingenroth
SUBJECT:
Approval of Receipt of North Carolina Department of Crime Control and Public Safety Grant Funds
BRIEF SUMMARY:
The Emergency Management Department maintains a first response trailer with equipment which is jointly used by the
County and City Fire units for search and rescue by designated first responders when needed. The North Carolina
Department of Crime Control and Public Safety has made available a $25,000 grant to the County to be used for the
purchase of equipment for urban search and rescue for designated first response units. This grant is part of an allocation
of funds to local governmental units throughout the state.
Upon approval of the grant by the Board of Commissioners, staff will prepare and submit the required documentation to the
State to receive the funds. No County matching funds are required by the State for this grant.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt ordinance for Budget Amendment 07-168 to budget grant funds in the amount of $25,000 and authorize staff to
complete and submit required documentation to the State.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Grant funds available through the North Carolina Department of Crime Control and Public Safety in the
amount of $25,000. No County matching funds are required.
ATTACHMENTS:
~
........
. ..
07 -168 3-21-07. doc
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
21
AGENDA: April 2, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET
BY BUDGET AMENDMENT #07-168
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following
Budget Amendment #07-168 be made to the annual budget ordinance for the fiscal year ending June 30, 2007.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Emergency Management
Exnenditure: Decrease Increase
Safety Equipment $25,000
Total $25,000
Revenue: Decrease Increase
Urban Search and Rescue Grant $25,000
Total $25,000
Section 2: Explanation
To budget funds received from the Urban Search and Rescue Grant. Funds are available from the State Department
of Crime Control and Public Safety for the County to purchase search and rescue equipment for first responders. No County
matching funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina,
that the Ordinance for Budget Amendment #07 -168 amending the annual budget ordinance for the fiscal year
ending June 30, 2007, is adopted.
Adopted, this day of ,2007.
(SEAL )
--------
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
22
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Consent Item #: 8 Estimated Time: Page Number:
Department: Library Presenter:
Contact: David Paynter
SUBJECT:
Ratification of Institute of Museum and Library Services Grant Application
BRIEF SUMMARY:
The New Hanover County Public Library would like to apply for an IMLS (Institute of Museum and Library Services) grant to
be used to plan a collaborative project with the Children's Museum, public radio, and other community groups that would
focus on strengthening early literacy skills in New Hanover County. The grant is in the amount of $30,000 and the
application will be submitted in March 2007. The Library's projected in-kind contribution is $7,236.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request ratification of grant application for $30,000; along with associated budget amendments, if funding is received. The
program is not required to continue if grant funds are terminated.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
The grant application is available for review in the County Manager's office.
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
23
This page intentionally left blank.
24
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Consent Item #: 9.1 Estimated Time: Page Number:
Department: Health Presenter:
Contact: Kim Roane
SUBJECT:
Award of Health/Good Shepherd Program Grant
BRIEF SUMMARY:
The Good Shepherd Program has awarded the Health Department $34,000 in funding to support the cost of health services
to Good Shepherd Program clients. This amount is $26,000 less than the amount approved in the FY06-07 budget. This
action amends the budget to reflect the actual amount awarded.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of Ordinance for Budget Amendment 07-131.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation: To amend budget to reflect actual grant funds awarded.
ATTACHMENTS:
~
........
. ..
07 -131 3-21-07. doc
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: Approve HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
25
AGENDA: April 2, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET
BY BUDGET AMENDMENT #07-131
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following
Budget Amendment #07 -131 be made to the annual budget ordinance for the fiscal year ending June 30, 2007.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health/Good Shepherd Program
Exnenditure: Decrease Increase
Temporary Salaries $1,784
Miscellaneous Pay Taxable $2,886
Contracted Services $4,084
Cellular Expense $600
Supplies $18,249
Dues and Subscriptions $203
Employee Reimbursement $200
Total $27,003 $1,003
Revenue: Decrease Increase
Good Shepherd Ministries $26,000
Total $26,000
Section 2: Explanation
Budget is being adjusted because Good Shepherd awarded the New Hanover County Health Department $34,000 for
FY 06-07, which is $26,000 less than what was originally budgeted.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina,
that the Ordinance for Budget Amendment #07 -131 amending the annual budget ordinance for the fiscal year
ending June 30, 2007, is adopted.
Adopted, this day of ,2007.
(SEAL )
--------
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
26
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Consent Item #: 9.2 Estimated Time: Page Number:
Department: Health Presenter:
Contact: Kim Roane
SUBJECT:
Award of Health/Navigator Partnership Grant
BRIEF SUMMARY:
The Health Department received a grant totaling $44,000 for Family and Children/Navigator Program, for FY06-07. The
award is $69,000 less than the amount included in the departmental budget for FY06-07. Requested action will amend the
budget to reflect the actual amount of grant award.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of Ordinance for Budget Amendment 07-158.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation: To amend budget to reflect actual grant funds awarded.
ATTACHMENTS:
~
........
. ..
07 -158 3-21-07. doc
REVIEWED BY:
LEGAL: N/A FINANCE: BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
27
AGENDA: April 2, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET
BY BUDGET AMENDMENT #07-158
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following
Budget Amendment #07-158 be made to the annual budget ordinance for the fiscal year ending June 30, 2007.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health/N avigato r Partnership
Exnenditure: Decrease Increase
Salaries and Wages $52,700
FICA $5,000
Medical Insurance Expense $9,000
Supplies $1,400
Employee Reimbursement $450
Training and Travel $450
Total $69,000
Revenue: Decrease Increase
Navigator Partnership Grant $69,000
Total $69,000
Section 2: Explanation
Partnership for Children F AC/Navigator grant award for FY 06-07 was for $44,000, which is $69,000 less than
budgeted. Budget amended to reflect actual grant award.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County,
North Carolina, that the Ordinance for Budget Amendment #07 -158 amending the annual budget ordinance for the fiscal year
ending June 30, 2007, is adopted.
Adopted, this day of ,2007.
(SEAL )
--------
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
28
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Consent Item #: 9.3 Estimated Time: Page Number:
Department: Budget Presenter:
Contact: Cam Griffin
SUBJECT:
Purchase of Property on lords Creek from Coastal land Trust
BRIEF SUMMARY:
See attached Ordinance for Budget Amendment 2007-79.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of Ordinance for Budget Amendment 2007-79.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: To appropriate fund balance in General Fund for the purchase from the Coastal Land Trust on Lords Creek.
ATTACHMENTS:
~
........
... .
2W7-79" J.-21-G7.dQC
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
29
AGENDA: April 2, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET
BY BUDGET AMENDMENT #2007-79
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following
Budget Amendment #2007 -79 be made to the annual budget ordinance for the fiscal year ending June 30, 2007, and the
Capital Project Ordinance for $35.5M Parks Bond Project.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Finance
Exnenditure: Decrease Increase
Transfer to Capital Projects $16,150
Total $16,150
Revenue: Decrease Increase
Appropriated Fund Balance $16,150
Total $16,150
Fund: $35.5M Parks Bond Project
Department: Finance
Expenditure: Decrease Increase
Northern Regional Parks Acquisition $16,150
Total $16,150
Revenue: Decrease Increase
Transfer in from General Fund $16,150
Total $16,150
Section 2: Explanation
To appropriate fund balance in the General Fund for the purchase of property on Lords Creek from the Coastal Land
Trust. This purchase was not in the original scope of the project.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County,
North Carolina, that the Ordinance for Budget Amendment #2007-79 amending the annual budget ordinance for the fiscal
year ending June 30, 2007, is adopted.
Adopted, this day of ,2007.
(SEAL )
--------
William A. Caster, Chairman
ATTEST:
30
Sheila L. Schult, Clerk to the Board
REGULAR AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
3:40 p.m. 1. Consideration of Proclamation to Designate the Month of April 2007 as 33
Sexual Assault Awareness Month
3:45 p.m. 2. Consideration of Proclamation to Designate the Week of April 8-14,2007 as 35
National Telecommunicators Week
3:50 p.m. 3. Consideration of Proclamation to Designate the Month of April 2007 as 37
Commuter Challenge Month
3:55 p.m. 4. Second Reading 39
Revisions to New Hanover County Code, Section 5-4 Definitions: Animals &
Fowl
4:05 p.m. 5. Consideration of Purchase ofTen Sheriff's Vehicles and Adoption of 41
Ordinance for Budget Amendment 07-183
4: 10 p.m. 6. Discussion by the County Commissioners to Consider Requesting 43
Authorization for Additional Revenue Options for New Hanover County
4:20 p.m. 7. Public Hearing to Receive Public Comments on Documents for the 45
Consolidation of Water and Sewer Utilities with the City of Wilmington
4:35 p.m. 8. Meeting of the Water and Sewer District 185
4:45 p.m. 9. Non-Agenda Items (limit three minutes)
4:50 p.m. 10. Additional Items
County Manager
Commissioners
Clerk to the Board
County Attorney
5:00 p.m. Dinner Break
5:30 p.m. 11.1 Public Hearing 83
Modification of Master Plan (2-677, 7/99; Mod. 1/07) - Request by McKim &
Creed for NNP IV Cape Fear River, LLC to Modify the Approved Master
Plan for Relocation of River Road
6:45 p.m. 11.2 Public Hearing 109
Rezoning (2-857, 11/06) - Request by Haden Stanziale for JH Land, LLC
to Rezone Approximately 341 Acres in the Community and Conservation
Land Classification Located between Holly Shelter Road and N. College Road
from 1-2 to R-15 Residential District, R-lO Residential and B-2 Commercial
District
31
32
7: 15 p.m. Break
7:25 p.m. 11.3 Public Hearing 117
Modify Site Plan (Z-831, 2006, Modification, 3/07) - Request by State
Employees Credit Union to Amend the Approved Site Plan in a CD(B-l)
Zoning District to Reposition Building and Amend Interconnectivity
7:55 p.m. 11.4 Public Hearing 129
Modify Special Use Permit (S-118, Modification, 3/07) - Request by Ogden-
New Hanover County Volunteer EMS to Amend an Existing Special Use
Permit to Add One New Building to the Existing Facility in the 4500 block of
Carolina Beach Road
8: 10 p.m. 11.5 Public Hearing 147
Special Use Permit (S-574, 3/07) - Request by Withers and Ravenel for
Whiskey Creek Overlook, LLC to Locate a 7 -Slip Community Boating
Facility in the Waters of Whiskey Creek in an R -15 Residential District at
Whiskey Creek Overlook Subdivision Located at 231 Trail's End Road
8:25 p.m. 11.6 Public Hearing 161
Special Use Permit (S-575, 3/07) - Request by Withers and Ravenel for
Roland Tilden to Locate High Density Residential Development of 50 Units in
the Urban Land Classification in an R-15 Residential Zoning District at 4900
and 4916 S. College Road
8:45 p.m. 11.7 Public Hearing 173
Rezoning (Z-860, 3/07) - Request by Land Consultants, Inc. for Corbett
Package Company to Rezone Approximately 45 Acres (a Portion of 1505
Castle Hayne Road) in the Transition Land Classification from 1-2 Heavy
Industrial District to R-15 Residential District
9:05 p.m. 11.8 Public Hearing 183
Text Amendment (A-357, 3/07) - Request by Staff to Amend Article V.
District Regulations, Table of Permitted Uses to Add Parks as Permitted Uses
in All Districts
9:20 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.
33
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Regular Item #: 1 Estimated Time: Page Number:
Department: County Manager Presenters: Margaret Weller Stargell, President/CEO of Coastal Horizons Center, Inc.
and Amy Feath, Crisis Intervention Services Director, Coastal Horizons Center
Contact: Bruce Shell
Item Does Not Require Review
SUBJECT:
Consideration of Proclamation to Designate the Month of April 2007 as Sexual Assault Awareness Month
BRIEF SUMMARY:
Jennifer Stancil, Rape Crisis Center Supervisor at Coastal Horizons Center, submitted the attached proclamation for your
consideration.
The following staff from Coastal Horizons Center, Inc. are present today:
Margaret Weller Stargell, President/CEO
Amy Feath, Crisis Intervention Services Director
Shemekka Miles, Educator
Angie Nance, Counselor/Advocate
Jennifer Stancil, Supervisor
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend adoption.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
Se;.:ua! ."'.ssau~ .A,'A'a!'eness Mo!lth Prodamation-County {f 7.dGlc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
34
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
SEXUAL ASSAULT AWARENESS MONTH
PROCLAMATION
WHEREAS, sexual assault affects every person in New Hanover County as a victim or survivor, or as a
family member, significant other, neighbor, or co-worker of a survivor, with more than 372 rape and sexual
abuse victims served in the past year; and
WHEREAS, many citizens of Wilmington, North Carolina are working to provide quality services and
assistance to sexual assault victims or survivors, including dedicated community volunteers, who provide
crisis response on hotlines and respond to emergency departments to offer support, provide comfort and offer
advocacy during forensic medical exams, criminal proceedings, and throughout the healing process; and
WHEREAS, the New Hanover County Rape Crisis Center staff and volunteers are promoting prevention
and awareness education by offering training to schools, churches, civic organizations, as well as
professional training for medical, mental health, law enforcement, education and criminal justice personnel
regarding sexual assault issues and victim response reaching more than 5,670 participants; and
WHEREAS, it is critical to increase New Hanover County's awareness of sexual assault, to educate citizens
regarding the prominent incidence of sexual violence, efforts to reduce sexual violence, increase support and
cooperation between agencies providing sexual assault services, and to increase the awareness of the healing
power of creative expression for victims and survivors in the community through events such as Rock
Against Rape and SOAR; and
WHEREAS, in cooperation with Child Abuse Prevention Month efforts, it is important to alert New
Hanover County that of the 372 rape and sexual abuse victims served at the Rape Crisis Center last year, 104
of these victims were under the age of 18; and
WHEREAS, Rape Crisis Center of Coastal Horizons Center, Inc. and the New Hanover County Sexual
Assault Response Team request public support and assistance in aspiring toward a society where all women,
children and men can live in peace, free from sexual violence, rape, sexual abuse and sexual exploitation in
all its forms.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners
proclaims the month of April 2007 as SEXUAL ASSAULT AWARENESS MONTH in New Hanover
County; and
BE IT FURTHER RESOLVED, that the Board of Commissioners pledges themselves and asks our
citizens, public and private, professional and volunteer, to redouble their efforts to obliterate sexual violence
from our families, our neighborhoods, and our community.
ADOPTED the 2nd day of April 2007.
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
35
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Regular Item #: 2 Estimated Time: Page Number:
Department: Public Safety Communications Center Presenter: Steve Smith
Contacts: Steve Smith/Brenda Hewlett
SUBJECT:
Consideration of Proclamation to Designate the Week of April 8-14, 2007 as National Telecommunicators Week
BRIEF SUMMARY:
In recognition of those who work behind the scene in law enforcement, fire, rescue and emergency medical services, the
week of April 8-14 is recognized as National Telecommunicators Week. Public Safety Communications Center Director
Steve Smith will make a presentation on 911 Center activities. 2007 marks the 25th anniversary of the first 911 call in New
Hanover County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt proclamation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
........
... .
TELECOMMUr~Ic.~.TORS lNEEK H7.dQC
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: Approve
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
36
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
NATIONAL TELECOMMUNICATORS WEEK
PROCLAMATION
WHEREAS, emergencies that require police, fire, or emergency medical services can occur at
anytime; and
WHEREAS, when an emergency occurs, the prompt response of law enforcement officers,
firefighters, and paramedics is critical to the protection of life and preservation of property; and
WHEREAS, the safety of our emergency personnel is dependent upon the quality and accuracy
of information obtained from citizens who telephone the New Hanover County Public Safety
Communications Center; and
WHEREAS, public safety dispatchers are the first and most critical contact our citizens have
with emergency services; and
WHEREAS, public safety dispatchers are a vital link for our law enforcement officers and
firefighters by monitoring their activities by radio, providing them information, and insuring
their safety; and
WHEREAS, public safety dispatchers have contributed substantially to the apprehension of
criminals, suppression of fires, and treatment of patients; and
WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism
during the performance oftheir job in the past year; and
WHEREAS, the first emergency 9-1-1 call in New Hanover County was made in May 1982.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that the week of April 8-14, 2007 be recognized as NATIONAL
TELECOMMUNICATORS WEEK in New Hanover County, in honor of the men and women
whose diligence and professionalism keep our county and its citizens safe.
ADOPTED the 2nd day of April 2007.
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
37
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Regular Item #: 3 Estimated Time: Page Number:
Department: Planning Presenters: Chris O'Keefe, Lawless Bean
Contact: Chris O'Keefe
SUBJECT:
Consideration of Proclamation to Designate the Month of April 2007 as Commuter Challenge Month
BRIEF SUMMARY:
Cape Fear Breeze is promoting a commuter challenge to encourage people to utilize alternative forms of transportation. As
a Breeze member, New Hanover County is part of the group which challenges organizations like Wilmington, Corning,
UNCW and the Hospital to compete to see who can log the most trips on the designated transportation alternative. During
the month of April, employees will be encouraged to walk, ride their bikes, take the bus and/or carpool. At the end of the
month, corporate prizes will be awarded to the team with the most points and the team with the most employees who have
worked towards making use of alternate modes a commuting habit. Individuals unaffiliated with a participating employer
may also sign up to take part in the Commuter Challenge. Weekly raffle prizes will also be awarded to a participating
member of the general public and a random individual winner will also be drawn at the end of the month. The Challenge
will kick-off on March 29 with Challenge registrations, a screening of the documentary Contested Streets, and a panel
discussion held in Council Chambers. The slogan for this event is "Be a Super Hero, Take the Challenge!"
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt proclamation.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
........
... .
commuter cha!ienge.dGlc
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
38
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
COMMUTER CHALLENGE MONTH
PROCLAMATION
WHEREAS, the New Hanover County Board of Commissioners recognizes the
need to promote safe and convenient alternatives to the automobile for transportation; and
WHEREAS, the New Hanover County Board of Commissioners is committed to
alleviating traffic congestion on our roadways; and
WHEREAS, safe and convenient bike, walk, and bus facilities present an
opportunity for all people to be part of the solution to reducing traffic congestion; and
WHEREAS, the Cape Fear Breeze is promoting April as Commuter Challenge
Month with activities encouraging employees to utilize walking, ride sharing, busing, and
bike riding for their commute to work; and
WHEREAS, New Hanover County, with its centrally located government center,
is positioned so that employees and customers can take advantage of ride sharing, busing,
walking and biking.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County
Board of Commissioners that April 2007 be recognized as COMMUTER CHALLENGE
MONTH in New Hanover County and that our citizens are encouraged to utilize
transportation choices throughout the month.
ADOPTED the 2nd day of April 2007.
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
39
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Regular Item #: 4 Estimated Time: Page Number:
Department: Health Presenter: Dr. Jean McNeil, Animal Control Services Manager
Contact: Dr. Jean McNeil
SUBJECT:
Second Reading
Revisions to New Hanover County Code, Section 5-4 Definitions: Animals & Fowl
BRIEF SUMMARY:
At its regular meeting on February 7,2007, the Board of Health voted to recommend revisions to Section 5-4 of the County
Code. The suggested changes regard control of dogs as enforced by Animal Control Services (ACS). The recommended
revisions have been reviewed and supported by County Legal, ACS staff, and the ACS Advisory Committee. The
suggested changes are underlined.
CURRENT: Sec. 5-4. Definitions.
Restraint means the state of a dog if it is controlled by means of a leash, or is on orwithin a vehicle being driven or parked,
or is within a secure enclosure. Exceptions to restraint are as follows: Organized and lawful dog functions; e.g., hunting,
obedience training, field and water training, law enforcement training and/or in the pursuit of working or competing in those
legal endeavors. A dog shall be maintained securely on the property of its owner. Ropes, chains, and the like shall not
constitute adequate security under this chapter.
PROPOSED: Sec. 5-4. Definitions.
Restraint means the state of a dog if it is controlled by means of an attended leash, 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 lawful dog functions; e.g.,
dog exercise within designated areas of public parks, hunting, obedience training, field and water training, law enforcement
training and/or in the pursuit of working or competing in those legal endeavors. A dog shall be maintained securely on the
property of its owner. Ropes, chains and the like are prohibited for any purpose under this Chapter.
ACS received a customer complaint regarding wording of the tethering ordinance. Staff met with the ACS Advisory
Committee and the individual to review potential changes to the law. The committee suggested the proposed changes
based on recommendation of Kemp Burpeau, Deputy County Attorney. The changes reflected should eliminate any
uncertainty in understanding the intent of the law.
The committee felt that the ordinance should be maintained and revised for better clarity. They believe that New Hanover
County should keep this law in place for the continued protection of the dogs in our jurisdiction. The proposed method of tie
out was not deemed acceptable by the group. It also would lend itself to citizen misunderstanding and abuse of the
intended protection measures against tethering.
A public hearing was conducted at the Board's March 12,2007 meeting. The ordinance was then approved 4-1. Vice-
Chairman Greer voted in opposition. Since the vote was not unanimous, a second reading is required.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
To accept and approve the revisions to the New Hanover County Code, Section 5-4 Definitions: Animals and Fowl.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
40
Explanation:
ATTACHMENTS:
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider revisions.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-1, Greer opposing.
41
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Regular Item #: 5 Estimated Time: Page Number:
Department: Sheriffs Office Presenter: Sheriff Causey
Contact: Sheriff Causey
SUBJECT:
Purchase of Ten Sheriff's Vehicles
BRIEF SUMMARY:
Upon review of the Sheriffs Department's vehicle requirements, it is determined that the purchase of ten Crown Victoria
patrol cars is necessary for this fiscal year. The purchase of these vehicles will reduce the request of vehicles for the
upcoming fiscal year.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve vehicle purchase and associated budget amendment.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
........
. ..
07 -183 3-27-07. doc
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
42
AGENDA: April 2, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET
BY BUDGET AMENDMENT 07-183
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following
Budget Amendment 07-183 be made to the annual budget ordinance for the fiscal year ending June 30, 2007.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriff/Governing Body
Exnenditure: Decrease Increase
Patrol:
Capital Outlay - Motor Vehicle $385,000
Total $385,000
Revenue: Decrease Increase
Appropriated Fund Balance:
Appropriated Fund Balance $385,000
Total $385,000
Section 2: Explanation
To purchase 10 Crown Victoria patrol cars. With approval of this budget amendment, $16,821,917 of fund balance
will be appropriated in FY 06-07.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County,
North Carolina, that the Ordinance for Budget Amendment 07-183 amending the annual budget ordinance for the fiscal year
ending June 30, 2007, is adopted.
Adopted, this day of ,2007.
(SEAL )
--------
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
43
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Regular Item #: 6 Estimated Time: Page Number:
Department: County Manager Presenter: Bruce Shell
Contact: Cam Griffin
SUBJECT:
Discussion by the County Commissioners to Consider Requesting Authorization for Additional Revenue Options
for New Hanover County
BRIEF SUMMARY:
In North Carolina, the County Commissioners have very limited revenue options. The option the Commissioners have to
generate revenue is the ad valorem property tax. With the many demands for funding facing the County, including
Medicaid, education, and infrastructure needs, it might be good for the County Commissioners to consider requesting
authorization from the North Carolina General Assembly to enact a local option one-half cent sales tax or land transfer tax.
The County Commissioners could ask to be included in one of the bills that has been introduced to allow a county to have
the option of increasing sales tax or enacting a land transfer tax. Most of the bills that have been introduced require a
referendum before any additional taxes can be levied.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider the option of requesting authorization from the North Carolina General Assembly to enact a local options sales tax
or land transfer tax.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation: An additional local option sales tax would generate $14.2 million for New Hanover County in addition to the
additional revenue that would be generated for the municipalities and the Fire Service District. A 1 % land transfer tax is
estimated to generate $32.7 million.
ATTACHMENTS:
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Discuss options.
COMMISSIONERS' ACTIONS/COMMENTS:
Discussed.
44
This page intentionally left blank.
45
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Regular Item #: 7 Estimated Time: Page Number:
Department: County Manager Presenter: David F. Weaver
Contact: David F. Weaver
SUBJECT:
Public Hearing to Receive Public Comments on Documents for the Consolidation of Water and Sewer Utilities with
the City of Wilmington
BRIEF SUMMARY:
As part of the process to consolidate water and sewer utilities with the City of Wilmington, a non-mandatory public hearing
is scheduled to hear public comments on the following attached documents:
Recommendations of the Joint City/County Water and Sewer Advisory Committee
Draft By-Laws of the proposed Cape Fear Public Utility Authority (CFPUA)
Draft Articles of Incorporation of the proposed Cape Fear Public Utility Authority (CFPUA)
It is important to note that a tremendous amount of effort has gone into these documents and into the ongoing process to
establish the means for CFUA to become a fully functioning Authority by January 2008.
The Board will be asked to conduct a formal mandatory public hearing on April 16 and to consider a joint County/City
resolution creating the Authority and to consider the By-Laws and Articles of Incorporation at the Board's April 16 meeting.
The City will also conduct a formal public hearing on the same material at their April 17 meeting. Please note that assets
and liabilities and actual decision-making powers will not be transferred to CFUA until an operating and functional
framework is established for CFPUA by January 2008.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the Commissioners conduct the public hearing.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~ ~ ~
... .:..
. .h:IU' ........ ........
... . ... .
,4,d,isof'.t' Recommendations 2-Hf 7.pdf Vi 5 8}1aws .doc V'I'5..\1ides.doc
REVIEWED BY:
LEGAL: N/A FINANCE: N/A BUDGET: Approve HUMAN RESOURCES: N/A
46
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Conduct public hearing.
COMMISSIONERS' ACTIONS/COMMENTS:
Conducted public hearing.
47
Final - For Advisory Committee Approval
Prepared for
City of Wilmington
New Hanover County
Joint City/County Water & Sewer
Advisory Committee
Recommendations
Prepared by
-........
~!, ;"._ _":", """ ,....-:< "c..,
(;',.::/ ./": :':~.< :':/ H;-: >:{ :j> W
...:..::......'.,g:..::. ).;:...., :. >./.,_.,,-.:.,>_ :,;-:- .; ,.,'i_.,_ F.:.:';:::
_...............................;;:;:;.......:.;:U.b.......
..'.........'.................:,,,.....," -'.....-_._.-_::,)('.,:,.::::,'......"".".::..:..:,:;:>:'-.::.::::.;:-..<;:.:.:...--..'..:::........... ;....................:
:".".:n::",, I-L:::;:"':O',U,%::;;;;,;";""::j:y. '.
;>.:" <. '...:...................,'A'.'".'i.{-<.T:c.'-' '-"-;'.:.'.,/t':", ,:;
,,' ..' c_
: :: /<"C"',:,
'". i -:;:: ':.',X.:;
Municipal & Financial
Services Group February 8, 2007
906-A Commerce Road
Annapolis, MD 21401
410.266.9101
48
Final - For Advisory Committee Approval
TABLE OF CONTENTS
PRE FACE .............. ........... .............. ........................... ........................................ .......... ...................1
EXE CUTIVE SUMMARY. .................................. .............. .................. ............. ....... ....................2
I. INTR 0 D U CTI 0 N ................ ................ ................................. .............. ............................. .........4
II. ADVISORY COMMITTEE PROCESS ................................................................................5
III. ADVISORY COMMITTEE RECOMMENDATIONS ...................................................... 7
Recommendation #1 - Establish a Regional Authority and Mission Statement................. 7
Recommendation #2 - Members of the Authority............................................................... 11
Recommendation #3 - Articles of Incorporation ................................................................. 11
Recommendation #4 - Authority Rates and Charges ......................................................... 12
Recommendation #5 - Employee Relations.......................................................................... 13
Recommendation #6 - Employee Working Groups ............................................................. 14
Recommendation #7 - Organizational Structure of the Authority.................................... 15
Recommendation #8 - Future Services of the Authority.................................................... 17
Recommendation #9 - Authority Operations....................................................................... 17
49
Final - For Advisory Committee Approval February 8, 2007
PREFACE
This document summarizes the work of the Joint City / County Water and Sewer Authority
Advisory Committee. The Committee's specific recommendations were developed in response
to the guiding principles established by the elected officials from the City and County. The
guiding principles are listed below.
l. Both the City and County will be equal partners, e.g. equal representation on the
Authority Board.
2. One goal is to achieve equal rates for both County and City customers, e.g. a six-year
phased equalization process.
3. All County and City water and sewer assets will be transferred to the Authority to serve
the customers for the common good of both localities.
4. Existing City and County employees, in recognition of their history of valuable and
dedicated service and of the continuing need for their service, will be treated as fairly as
possible. All existing County and City employees will be offered a position. Retirement
benefits will continue with the present State/Local Government Retirement System.
5. The costs to customers for water and sewer services will not be more than if the County
and City systems remained separate.
6. The geographic jurisdiction of the new Authority initially will consist of the City of
Wilmington and the District. Provisions will be made, however, for continued relations
with other jurisdictions through inter-local agreements and for possible future expansion
of the Authority.
The meetings of the Advisory Committee have been recorded in both written and audio format
and are available in the City Manager's office at City Hall.
MFSG Joint City/County Water Sewer Advisory Committee
1
50
Final- For Advisory Committee Approval February 8,2007
EXECUTIVE SUMMARY
The City of Wilmington's Council and the New Hanover County Commissioners formed a Joint
City/County Water and Sewer Advisory Committee to guide the consolidation of the two
individual water and sewer utility systems to form a new regional water and sewer authority.
The Advisory Committee has met thirteen since its initial meeting was held on October 4, 2006.
During the course of its work, the Advisory Committee has been briefed by the City and County
staff, the Municipal & Financial Services Group (MFSG) project team members, and the
chairmen of five Employee Working Groups on all aspects of the utility consolidation.
The Advisory Committee has also analyzed presentations on Communications, Capital
Improvement Programs, Governance Issues, Water and Sewer Rates and Charges,
Organizational Structure, Customer Service, Human Resources and Operations and Maintenance.
These presentations addressed the status of the existing City and County utilities including
identified "best practices" and recommendations on the formation of the future Authority.
Based on the findings detailed in Chapter III of this report, the Advisory Committee recommends
that a consolidated water and sewer authority be formed to serve the citizens of the City of
Wilmington and New Hanover County.
The Advisory Committee has concluded that there would be many benefits from the
consolidation of the City of Wilmington and the New Hanover County utility organizations into
a new single regional authority, including:
. Lower water and wastewater rates over the long term;
. Improved planning and more effective investment of capital in the combined utility
system leading to improved system reliability; and
. New and expanded career opportunities for employees in the consolidated authority.
The Advisory Committee also recognizes that both the City of Wilmington and New Hanover
County are facing significant future capital investments in their water and sewer systems that
will total over $400 million in the next 10 to 15 years. These capital expenditures are necessary
whether or not consolidation of the water and sewer systems occurs. Some of these expenditures
will be required for infrastructure rehabilitation and other funds will be needed to expand
service. Both the City and the County will, without question, find it necessary to significantly
increase current water and wastewater rates and connection fees to fund these required
improvements.
Based on a preliminary rate study conducted by MFSG, the project consultant, City and County
customers will face higher water and wastewater rates and fees if the City and County utility
systems remain separate and do not consolidate. The reports and analyses examined by the
MFSG Joint City/County Water Sewer Advisory Committee
2
51
Final- For Advisory Committee Approval February 8,2007
Advisory Committee indicate that water and sewer rates and fees for City and County customers
will be lower over time with the new Authority.
The Advisory Committee recommends that the City and County elected officials form the new
Authority by March 31, 2007 and that it commence operations on January 1, 2008.
MFSG Joint City/County Water Sewer Advisory Committee
3
52
Final - For Advisory Committee Approval February 8,2007
I. INTRODUCTION
The City and County have selected and engaged the Municipal & Financial Services Group
("MFSG"), assisted by O'Brien & Gere Engineers, to serve as the project manager for the
consolidation of the water and sewer systems individually owned and operated by the City of
Wilmington and New Hanover County. The City of Wilmington Council and the New Hanover
County Commissioners also elected to form a Joint City/County Water & Sewer Advisory
Committee to guide the consolidation of the two individual water and sewer utility systems to
form a new water and sewer authority. The members of the Joint City/County Water Sewer
Advisory Committee were separately appointed by the City of Wilmington City Council and
New Hanover County Commissioners. The Joint City/County Water & Sewer Advisory
Committee members are as follows:
Member: Appointed By:
Daniel Dawson, Chairman City of Wilmington
Andrew Atkinson, Deputy Chairman New Hanover County
Matt Hunter, Secretary New Hanover County
C. Phillip Marion, Jr. City of Wilmington
William B. Farris City of Wilmington
John (Rod) Andrew New Hanover County
Kathryn Johnston Advisory Committee
As part of its project responsibilities, the MFSG team developed a very detailed consolidation
plan and implementation schedule for the project. This plan and schedule, delivered in the form
of eight detailed consolidation reports, and various presentations made to the Joint City/County
Water & Sewer Advisory Committee, identifies responsibilities, organizational structure,
timeline and preliminary utility rates and fees.
MFSG Joint City/County Water Sewer Advisory Committee
4
53
Final- For Advisory Committee Approval February 8,2007
II. ADVISORY COMMITTEE PROCESS
The Joint City/County Water and Sewer Advisory Committee met thirteen times since its
formation in early October. The first meeting of the Joint City/County Water and Sewer
Advisory Committee was held on October 4, 2006. At that meeting, the elected officials
provided informational packets with the utility consolidation Guiding Principles and the
Advisory Committee's By-Laws. At this meeting, the Committee also appointed its seventh
member, Ms. Kathryn Johnston.
The second Committee meeting was held on October 26, 2006 and the Committee elected its
chairmen and officers as listed below.
Dan Dawson - Committee Chair
Andrew Atkinson - Vice Committee Chair
Matt Hunter - Secretary
MFSG Project Team Director Ed Donahue presented to the Committee the overall status of the
utility consolidation. This presentation laid out the detailed project management timeline from
October through December, and listed specific reports to be delivered to the City, County and
Advisory Committee by December 31,2006. The list of deliverable reports is shown below:
COW-NHC Internal Communications Plan
COW-NHC External Communications Plan
COW -NHC Benefits Assessment Report
COW -NHC Integrated Capital Improvement Program
COW-NHC Water and Sewer Preliminary Rate Study
COW-NHC Organizational Structure Report
COW-NHC Employee Working Group Report
COW-NHC Governance and Legal Report
COW-NHC Human Resources Report
The third committee meeting was held on November 2, 2006, and the main focus of this meeting
was to clearly identify and define the Committee's role. Mr. Tropea of the MFSG project team
presented recommendations on the critical role the Committee will play in the planning of the
Authority. Specifically, the Committee will be called upon to make important policy
recommendations and act as a sounding board for recommendations and ideas presented by the
project team. Mr. Tropea's report also described the significant progress made on the project in
many critical areas and the progress being made by the employee working groups.
Over the following three meetings, the Advisory Committee was briefed by the City and County
staff, the MFSG project team members and the Employee Working Groups on all aspects of the
utility consolidation. Presentations were heard on Communications, Capital Improvement
Programs, Governance Issues, Water and Sewer Rates and Charges, Organizational Structure,
Customer Service, Human Resources, and Operation and Maintenance. The presentations
MFSG Joint City/County Water Sewer Advisory Committee
5
54
Final- For Advisory Committee Approval February 8,2007
covered the status of the current City and County utilities as well as defined "best practices" that
should be adopted as general policy and procedure for the new Authority. The Committee also
heard recommendations from both the project team and the employee working groups on the
formation of the new Authority. The meetings were characterized by thoughtful questions and
solid discussion with many good ideas being advanced by Advisory Committee members.
On December 29, 2006 a comprehensive utility consolidation plan was submitted to the City of
Wilmington and New Hanover County in the form of the above mentioned reports. The reports
represent the complete detailed background, research and analysis preformed and subsequently
presented to the Advisory Committee. Specific recommendations regarding the formation, set-
up, and operation of the new Authority are summarized within each report.
The Advisory Committee met to develop its findings and recommendations many times during
January and early February 2007. The Committee reviewed the various reports and presentations
and focused upon the Guiding Principles provided by the elected officials.
The Advisory Committee recommendations which follow are based on the reports and
presentations made available to the Committee during the course of its deliberations. It should be
recognized that the final decisions on important elements, like the utility rates and the Capital
Improvement Plan, will be made by the Authority in concert with City and County elected
officials. As such, the rates and fees listed in the preliminary rate study, or the inclusion of
specific projects in the Capital Improvement Plan, is not a guarantee that the projected rate or the
project will be approved by the Authority.
All meetings of the Advisory Committee were recorded. Meeting minutes and recordings of the
Committee's meetings are available for inspection and review in the City Manager's office in
City Hall.
MFSG Joint City/County Water Sewer Advisory Committee
6
55
Final- For Advisory Committee Approval February 8, 2007
III. ADVISORY COMMITTEE RECOMMENDATIONS
The Advisory Committee appreciates the opportunity to serve the community by studying the
consolidation of the City and County water and wastewater utility systems.
After careful study and analysis, and based on the information presented to the Committee, the
Advisory Committee has concluded that there would be many benefits from the consolidation of
the City of Wilmington and the New Hanover County utility organizations into a new regional
authority, including:
. Lower water and wastewater rates over the long term;
. Improved planning and more effective investment of capital in the combined utility
system leading to improved system reliability; and
. New and expanded career opportunities for employees in the consolidated authority.
Recommendation #1 - Establish a Regional Authority and Mission Statement
Guiding Principles:
The City of Wilmington and New Hanover County elected officials have established the
following Guiding Principles related to utility rates for customers of the consolidated water and
wastewater utility systems.
"One goal is to achieve equal rates for both County and City customers, e.g.
a six-year phased equalization process."
"The costs to customers for water and sewer services will not be more than if
the County and City systems remained separate."
Advisorv Committee Findings:
The City of Wilmington and New Hanover County selected the Municipal & Financial Services
Group ("MFSG") to perform a preliminary rate study to determine if the aforementioned
Guiding Principles would be met through consolidating the existing City and County water and
sewer utilities.
The Advisory Committee conducted two work sessions with MFSG to review the preliminary
rate study modeling methodology and the modeling results. In addition, the Committee has
reviewed a proposed Capital Improvements Plan for the new Authority which was developed by
O'Brien & Gere, an engineering subcontractor to MFSG. Also, the Committee has reviewed the
MFSG summary report on the preliminary water and sewer cost of service study.
MFSG Joint City/County Water Sewer Advisory Committee
7
56
Final- For Advisory Committee Approval February 8,2007
The MFSG preliminary rate study outlines the estimated "true" operating, capital and
maintenance expenses and revenues of each individual utility and determines the adequacy of
current rates and charges for each individual utility. This effort to document the full cost of
service is complicated by the fact that the County has traditionally provided a sales tax subsidy
ranging from $5 million to $2 million per year to the water and sewer operations, and has not
charged its utilities for some administrative and support services. Suggested water and sewer
user rates under the current rate structures and alternatives are proposed for both the City and
County for the Fiscal Years 2008 through 2012. The adequacy of current capital facility fees for
both City and County water and sewer utilities are addressed and new fees are proposed based
upon American Water Works Association (AWWA) approved methodologies. During the past
several weeks two consulting engineers' reports were provided to the City and County which had
an impact on the consolidation study. The reports include: a downtown sewer report completed
by Camp Dresser McKee and a report on the North East Interceptor (NEI) completed by Kinley-
Horn and Associates. The capital costs identified in these reports are reflected in MFSG's rate
study analysis.
Water and sewer rates for the proposed new Authority have been summarized by MFSG under
two possible scenarios, the "worst case" and the "most likely case." The "worst case" scenario is
modeled by simply combining the City and County water and sewer operations (i.e., the full cost
of operating, maintenance and capital for the City systems plus the full cost of operating.
maintenance and capital for the County systems). MFSG has termed this "worst case" because it
does not take into account any efficiencies achieved as a result of consolidating the two utilities.
The second scenario ("most likely case") also assumes no operating efficiencies but attempts to
model a "most likely" capital improvements program for the City and County. While the City's
capital improvements plan includes primarily mandatory projects, there are projects in the
County's plan that can be delayed. These projects include water and sewer system extensions
(Water System Improvements, Castle Hayne, Weaver Acres, etc.). MFSG's analyses concluded
that further improvement (reduction) in the projected rates may be possible through the improved
strategic capital planning that will take place by the new Authority to allow for deferral of some
of the projects and the potential to refinance some existing debt.
The following findings were developed by MFSG during the course of the study. The Advisory
Committee notes that it is important to understand that the findings are based on various
assumptions made by MFSG regarding customer growth rates, inflation, capital financing
conditions and reserves. In addition, the findings assume that each utility (City and County)
must be self-supporting. This is of particular importance when considering the County, which
currently does not operate the water or sewer system as a self-supporting entity. It is also
important to note that the findings related to either the City or County as separate entities are
independent of the potential consolidation.
The MFSG modeling presented to the Advisory Committee indicates that the current City water
user rates will not produce sufficient cash revenue to cover cash revenue requirements over the
10 year planning period. The MFSG model projects that the current City rates will produce cash
revenues roughly 17% less than the required cash revenue in Fiscal Year 2009 with subsequent
significant shortfalls in Fiscal Years 2010 through 2012. Similarly, MFSG predicts that the
MFSG Joint City/County Water Sewer Advisory Committee
8
57
Final- For Advisory Committee Approval February 8, 2007
current sewer rates in the City will not produce enough cash revenue to cover cash revenue
requirements over the planning period. They believe that current City sewer rates in FY 2010
require an increase of 23% to meet projected revenue needs. Sewer rates in the following years
(Fiscal Years 2011 - 2016) require annual increases varying from 2% - 7%.
The MFSG model under worst case scenario (i.e., no delay of water and sewer extension
projects) projects that the current County water rates do not produce enough cash revenue to
cover cash revenue requirements over the 10 year planning period. While the County system is
expected to grow significantly, the current water rates will require annual increases beginning in
Fiscal Year 2009 ranging from 1 % to 20%. MFSG also projects that the current County sewer
user rates also do not produce sufficient cash revenue to cover cash revenue requirements for
Fiscal Years 2010 or the years following. Based upon the projected quantities of sewage
processed, the current rates will produce cash revenues roughly 3% less than the required cash
revenue in Fiscal Year 2010 with subsequent significant shortfalls ranging from 1% to 20%
annually over the 10 year planning period.
MFSG has also concluded that the current fees charged in the City and County for purchasing
capacity in the water and sewer systems (termed capital facility fees in the City and development
fees in the County) are not set at the appropriate level to recover the full cost of providing
capacity to new water and sewer customers. Both the "worst case" and "most likely case" model
the use of a consolidated system development (impact fee), which caps both the City and County
impact fees at $2,000 for a 5/8" water connection and $2,500 for a 5/8" sewer connection. Any
capital cash flow deficits due to the use of this consolidated impact fee are transferred to the user
rate revenue requirement and collected via user rates.
MFSG also presented to the Advisory Committee projected water and sewer bills for customers
under the two scenarios: "worst case" and "most likely case." In addition, the "worst case"
scenario is shown with and without the inclusion of the sales tax subsidy (phased out over a five
year period). The "most likely case" formulated by MFSG includes the phase out of the existing
County subsidy. However, the Advisory Committee has concluded that the sales tax subsidy
should continue for the foreseeable future. The following bills are calculated assuming a
residential customer with a 5/8" meter using 12,000 gallons (16 hct) per bi-monthly period,
which is an average customer in both the City and the County.
$112.06
$141.67
$119.13
MFSG Joint City/County Water Sewer Advisory Committee
9
58
Final- For Advisory Committee Approval February 8, 2007
MFSG has concluded from the preliminary rate study that under the "most likely case" scenario
the cost to customers of the new Authority would be less than the individual City and County
bills over the entire period (based on extending the capital improvements plan from 10 to 15
years). The same holds true during certain years under the "worst case" scenarios as well.
Based on MFSG modeling and the answers to questions posed by the Advisory Committee in its
work sessions on the preliminary rate study, the Advisory Committee concludes that:
. Both the individual City and County water and sewer systems will require significant
user rate increases over the planning period in order to meet the projected water and
sewer system expenses, with or without consolidation of the City and County utility
systems.
. Both the City and County water and sewer systems need to increase capital
connection fees if the City and County do not want current customers to subsidize the
cost of serving new customers.
. The preliminary rate analysis presented to the Committee meets the financial guiding
principles set forth by elected City and County officials and therefore supports the
consolidation of the individual utilities under a proposed new authority.
The Advisory Committee believes the requirements of the aforementioned
Guiding Principles have been met and that the City and County elected officials
should establish a new consolidated water and wastewater authority by March
31, 2007 to serve the needs of City of Wilmington and New Hanover County
customers. Further, the Advisory Committee recommends that the new
authority begin operations on January 1, 2008.
In addition to recommending the formation of the Authority, the Advisory Committee
recommends that the Authority adopt a mission statement that embodies the core values and
beliefs of the organization. The Advisory Committee discussed three different versions of a
mission statement for the Authority and crafted a recommended mission statement for the new
Authority which it recommends be adopted by the elected officials.
The Advisory Committee recommends the following mission statement for the
Authority:
The Cape Fear Utility Authority's mission is to provide high quality water and
sewer service in an environmentally responsible manner while maintaining the
lowest practicable cost..
MFSG Joint City/County Water Sewer Advisory Committee
10
59
Final- For Advisory Committee Approval February 8,2007
Recommendation #2 - Members of the Authority
Advisorv Committee Findin!!s:
There are a myriad of decisions that must be made during 2007 to ensure a smooth and efficient
start-up of the new Authority on January 1,2008. For example, the Authority must establish its
employee benefits program and must put in place a salary and pay administration system. The
Authority must hire a General Manager and other key personnel to participate in the decision
making and planning which will occur during calendar year 2007. The Advisory Committee
believes that it is therefore essential that the members of the Authority be named by March 31,
2007, or as soon as possible thereafter, and that the City and County elected officials select a
name for the new Authority at that time. The Advisory Committee recommends that the new
Authority be called the Cape Fear Utility Authority.
The Advisory Committee recommends that the City and County elected officials
appoint the members of the Authority by March 31, 2007, or as soon thereafter
as possible. Further, the Advisory Committee recommends that the elected
officials select a name for the new Authority at that time such as the Cape Fear
Utility Authority.
Recommendation #3 - Articles of Incorporation
Guidin!! Principles:
The City and County elected officials established the following Guiding Principles regarding
representation on and the geographical services areas of the new Authority:
"Both the City and County will be equal partners, e.g. equal representation
on the Authority Board."
"The geographic jurisdiction of the new Authority initially will consist of the
City of Wilmington and the District. Provision will be made, however, for
continued relations with other jurisdictions through inter-local agreements
and for possible future expansion of the Authority."
(Note: The term "District" refers to the New Hanover County water and sewer systems.)
Advisorv Committee Findin!!s:
The City and County legal staffs have developed Articles of Incorporation for the new Authority.
The Articles of Incorporation have been reviewed by the Advisory Committee, which believes
that they are consistent with the Guiding Principles and provide equal City and County
representation on the Authority.
MFSG Joint City/County Water Sewer Advisory Committee
11
60
Final- For Advisory Committee Approval February 8, 2007
The Committee believes that the consolidation process has to date been a true partnership with
both the City and County working as a team to ensure success. The Advisory Committee
believes this it is essential that this teamwork be continued in the new Authority and believes that
equal City and County representation on the Authority is needed to continue the positive team
based approach which has to date characterized the consolidation process.
The Articles of Incorporation being recommended by the Advisory Committee also incorporates
the Guiding Principle that the geographical scope of the new Authority be initially limited to the
City of Wilmington and New Hanover County. The Advisory Committee believes this is a
sound provision given the inherent challenges facing the start-up of the new Authority.
The Advisory Committee recognizes, however, that environmental requirements are tightening
and there is an increasing need to plan holistically across the region for future drinking water
resources. The Committee believes these important driving forces for increased regionalization
will need to be addressed by the Authority in the future. The Committee therefore believes that
it will be important for the new Authority to maintain close communications with the beach
communities, adjacent counties and others involved in water and wastewater services.
The Advisory Committee recommends that City and County elected officials
approve the Articles of Incorporation recommended by the Advisory Committee.
The Advisory Committee recommends that the geographical limits of the new
Authority initially consist of the City of Wilmington and New Hanover County.
The Committee further recommends that active dialog be continued with other
nearby entities to ensure that future regional opportunities are kept open.
Recommendation #4 - Authority Rates and Charges
Advisorv Committee Findinl!s:
A preliminary rate study has been performed by MFSG and reviewed by the Advisory
Committee. The rate study embodied several important assumptions which are fundamentally
important to establishing fair and equitable water and sewer rates by the new Authority. For
example, the MFSG model assumes that new development will pay for infrastructure built to
serve the new development and that existing rate payers will not be asked to subsidize the costs
of expanding the water and sewer systems.
The MFSG rate model also assumes that existing customers will be required to pay for the
operation and maintenance of the existing infrastructure. MFSG also assumes that the County
sales tax subsidy be phased out over a five-year time frame.
The Advisory Committee has discussed the impact of increased connection fees on existing
home owners who may be required in the future to connect to the sewer system. In many cases
these home owners have been waiting for years for the extension of sewer services to their
neighborhood. The Advisory Committee believes that it would not be good public policy to
MFSG Joint City/County Water Sewer Advisory Committee
12
61
Final- For Advisory Committee Approval February 8,2007
charge these home owners the new (higher) connection fees which will be adopted by the new
Authority. The Advisory Committee recommends that existing home owners be charged the
current (January 2007) connection fees at the time service is extended to their property, provided
a new building permit is not required. However, to accomplish this financially the current sales
tax subsidy would be required. Therefore the Advisory Committee recommends that the sales
tax subsidy be, at a minimum, maintained at its current level.
The Advisory Committee believes that the other assumptions recommended by MFSG are
fundamentally fair and sound business-like recommendations that should be adopted by the new
Authority at the time it establishes water and sewer rates and connection fees.
The Advisory Committee recommends that the new Authority adopt the
following principles in establishing utility rates and fees:
. Future growth in the utility systems will be paid for by new development.
. Utility customers will pay to operate and maintain the systems, but not
for capacity built for / used by new customers.
. Current (January 2007) connection fees should be charged to existing
unsewered customers at the time they connect to the sewer system
provided they do not require a new building permit. Therefore, the
County's sales tax subsidy should be maintained at its current level.
Recommendation #5 - Employee Relations
Guidine: Principle:
City and County elected officials have established the following Guiding Principle for the new
Authority:
"Existing City and County employees, in recognition of their history of
valuable and dedicated service and of the continuing need for their service,
will be treated as fairly as possible. All existing County and City employees
will be offered a position. Retirement benefits will continue with the present
State/Local Government Retirement System."
Advisorv Committee Findine:s:
The Advisory Committee believes that existing City and County utility employees are an
essential part of the future success of the Authority. The Committee believes the employee
working groups, which were endorsed by the elected officials, have provided employees with an
opportunity to have meaningful input in the formation of the new Authority.
The employee survey work performed by the Human Resources and Communication and Public
Outreach employee working groups indicates that employees still, however, have many
questions about their jobs, salaries, benefits and other important issues.
MFSG Joint City/County Water Sewer Advisory Committee
13
62
Final- For Advisory Committee Approval February 8,2007
The Human Resources employee working group and the MFSG project team have presented
recommendations to the Advisory Committee on subjects such as employee benefits, HR policies
and methods to populate the organization chart for the new Authority. The Advisory Committee
believes that decisions on employee salaries, employee benefits and populating the
organizational chart should be a high priority to be completed as soon as the new Authority is
formed in late March 2007.
The Advisory Committee endorses the formal internal communication plan which was
implemented in December 2006 and includes a major series of actions planned for early 2007
(i.e. second employee newsletter, consolidation website, employee breakfasts, tailgate meetings,
etc). The Advisory Committee recommends that this plan be aggressively moved forward in
early 2007 and it believes that communicating answers to employee questions must be a high
priority for the Authority once it is formed in late March 2007.
The Advisory Committee also believes that the new Authority must establish a work
environment which will retain existing employees and will attract new employees where
required.
The Advisory Committee believes the new Authority must establish and
maintain a work environment that will retain existing employees and that will
attract the best possible candidates to fill current and future vacancies.
The Advisory Committee recommends that internal communication be a high
priority for the Authority once it is formed in March 2007 and that answers to
employee questions concerning salary, benefits and job placement be answered
as quickly as possible.
Recommendation #6 - Employee Working Groups
Advisorv Committee Findines:
The Advisory Committee applauds City and County elected officials for mandating that utility
employees be given a significant opportunity to help shape the new water and sewer Authority.
As part of its study process, the Advisory Committee has received briefings by the chairpersons
of five of the employee working groups. The Advisory Committee has also reviewed the formal
employee working group report presented by the MFSG project team which describes the
process, lists all the recommendations of the working groups and includes minutes for each of
the employee working group meetings. The Advisory Committee is impressed by the diligence
and hard work of all of the employee working groups. The Committee believes their
recommendations will greatly assist in the formation of the new Authority.
The Advisory Committee has drawn upon the recommendations of the employee working groups
in developing its own recommendations for elected officials. The Committee would like to
thank the employees who participated in the working group process for their outstanding work.
MFSG Joint City/County Water Sewer Advisory Committee
14
63
Final- For Advisory Committee Approval February 8, 2007
The Advisory Committee has relied upon a number of recommendations of employee working
groups in making its recommendations to elected officials. The Advisory Committee believes it
is important that the employee working group recommendations continue to be incorporated into
the decision making for the new Authority and that the employee working group process be
continued in 2007.
The Advisory Committee recommends that the work of the employee working
groups in 2006 continue to be given full consideration in the formation of the
new Authority. Further, the Advisory Committee recommends that a new round
of employee working groups be formed to address new and additional issues
during 2007.
Recommendation #7 - Organizational Structure of the Authority
Advisorv Committee Findin2s:
The organizational structure for the new Authority will have a significant impact on the ultimate
success of the enterprise. The organizational structure, will to a large degree, dictate how the
organization will function and carry out its daily activities. The organizational structure will also
greatly influence the ability of the organization to meet customer needs and, in turn, customers
will draw conclusions about the Authority based on their ability to access the organization and
the efficiency by which their questions and concerns are addressed.
The Advisory Committee believes that an organizational structure must be selected which
maximizes the ability of the enterprise to meet its key strategic objectives. For example, the
Committee believes the organizational structure for the new Authority must ensure that it
properly plans for the future and efficiently operates its various facilities and programs.
The Advisory Committee has carefully reviewed the recommendations of the Organizational
Structure Employee Working Group and the organizational structure report presented by the
MFSG project team. In addition, the Advisory Committee has drawn upon the work performed
by the other five employee working groups. For example, the Advisory Committee agrees with
the employee working group recommendations that customer service and environmental
compliance be given prominent positions in the new Authority.
The Advisory Committee recommends that a General Manager, General Counsel, Executive
Secretary and Director of Internal Audit report directly to the Authority.
The Advisory Committee also recommends that the Executive Level of the new Authority
include the General Manager as well as a Deputy General Manager, a Public Information Officer
and a Director of Strategic Planning. The Advisory Committee believes that a Deputy General
Manager is important to provide proper succession planning within the new Authority.
The Advisory Committee further recommends that the Functional Level of the Authority consist
of six divisions / departments reporting to the General Manager:
MFSG Joint City/County Water Sewer Advisory Committee
15
64
Final- For Advisory Committee Approval February 8, 2007
. Deputy General Manager / Director of Operations,
. Human Resources,
. Engineering & Planning,
. Customer Service,
. Chief Financial Officer / Administrative Services, and
. Environmental & Safety Management.
The Committee recommends that the drinking water operations, sewer operations and the
maintenance organization report to the Deputy General Manager, who will also function as the
Director of Operations.
The organizational structure recommended by the Advisory Committee for the new Authority is
shown in Figure 1 on the following page.
Figure 1. Advisory Committee Recommended Organizational Structure
AUTHORITY
GENERAL MANAGER
DRINKING WATER WASTEWATER
OPERATIONS & OPERATIONS &
MAINTAINANCE MAINTAINANCE
The Advisory Committee recommends that the organizational structure
illustrated above in Figure 1 be adopted for the new Authority.
MFSG Joint City/County Water Sewer Advisory Committee
16
65
Final- For Advisory Committee Approval February 8, 2007
Recommendation #8 - Future Services of the Authority
Advisorv Committee Findings:
The Articles of Incorporation approved by the Advisory Committee allow for the Authority to
eventually assume responsibility for the City and County stormwater management programs.
The Committee believes this is a logical future addition to the scope of the responsibilities for the
new Authority. Currently, stormwater intrusion into the wastewater collection system is a
serious issue and the future authority will be investing significant funds in reducing stormwater
infiltration.
The Advisory Committee recognizes that the new Authority will be facing many complex tasks
when it commences operations on January 1,2008. It will be blending two separate workforces
into a cohesive team, directing a large capital improvements program, establishing a new billing
and collection system and developing and implementing many important policies and processes.
The Advisory Committee therefore recommends that the Authority not assume responsibility for
storm water management until it has had a reasonable time to establish a sound operating
platform for its water and sewer responsibilities.
The Advisory Committee recommends that consideration of the possible
addition of storm water management responsibilities to the new Authority be
delayed for a reasonable period of time to allow the Authority to establish a
sound operating platform for its water and sewer responsibilities.
Recommendation #9 - Authority Operations
Advisorv Committee Findings:
The manner in which the Authority operates was discussed during a number of meetings of the
Advisory Committee. The Committee was briefed by MFSG on governance issues and also
reviewed MFSG's report on governance and legal issues. In addition a number of Authority
operational issues were discussed during the review of the Articles of Incorporation. Two
primary issues that were discussed include:
. Authority members compensation
. Authority public visibility and accountability
The governance report completed by MFSG discussed the topic of Authority member
compensation. MFSG noted that it is not uncommon for authority members to be compensated
and the range of compensation for other entities is quite broad. The Advisory Committee
believes that the amount of time required of Authority members during the first years of
operation will be significant. Therefore, the Advisory Committee believes that Authority
members should be compensated through the first two years of Authority operations.
MFSG Joint City/County Water Sewer Advisory Committee
17
66
Final- For Advisory Committee Approval February 8,2007
The other topic discussed by the Advisory Committee involved how the Authority could ensure
visibility and accountability to the public. The Committee believes that this may be
accomplished by ensuring that the meetings of the Authority are televised for viewing by the
public.
The Advisory Committee recommends that until December 31, 2009 the
members of the Authority be compensated per meeting in addition to being
reimbursed for all reasonable expenses incurred related to Authority activities.
The Advisory Committee recommends that the Authority make every effort to
televise all meetings of the Authority.
MFSG Joint City/County Water Sewer Advisory Committee
18
67
CAPE FEAR PUBLIC UTILITY AUTHORITY
BYLA WS
WHEREAS, pursuant to Chapter 162A, Article 1 of the North Carolina General Statutes,
as amended, the governing bodies of the County of New Hanover and the City of Wilmington
created the Cape Fear Public Utility Authority for the purpose of establishing, maintaining and
operating a water system and sewer system, and may include stormwater and other services as
authorized by law if approved by the governing bodies of said County and City; and
WHEREAS, the Cape Fear Public Utility Authority desires to enact and adopt bylaws for
the regulation of its affairs and the conduct of its business.
NOW, THEREFORE, BE IT RESOLVED by the Cape Fear Public Utility Authority that
the following bylaws are hereby enacted:
BYLAWS
CAPE FEAR PUBLIC UTILITY AUTHORITY
Article I
Seal and Offices
1.1 Seal. The seal of the Cape Fear Public Utility Authority (Authority) shall be circular and
shall have inscribed thereon, within and around the circumference, the following: "CAPE FEAR
PUBLIC UTILITY AUTHORITY" and in the center shall be the word "SEAL".
1.2 Offices. The principal office of the Authority shall be at 320 Chestnut Street,
Wilmington, North Carolina 28401, but the Authority may also have offices located in such other
places as the Authority may from time to time designate as convenient to meet the purposes and
obligations of the Authority.
Article II
Membership
2.1 Number, Terms and Appointment. The number, terms and appointment of members of
the Authority shall be as set forth in the Articles ofIncorporation of the Authority, as amended
from time to time, and on file in the office of the North Carolina Secretary of State.
2.2 Resilwation. Any member may resign at any time by giving written notice of
resignation to the Authority and to the City of Wilmington (City), County of New Hanover
(County) or other political subdivision by whom the member was appointed.
2.3 Vacancies. Any vacancy in membership shall be filled for the unexpired term by the
political subdivision making the original appointment.
2.4 Oath of Office. Before entering upon his or her duties, each member shall be qualified
and shall take and subscribe an oath or affirmation to support and maintain the constitution and
1
68
laws of the United States and the State of North Carolina and to perform faithfully the duties of
the office. A record of each oath or affirmation shall be filed with the Secretary of the Authority
and kept with the Authority's official documents.
2.5 Conflict of Interest. In addition to complying with the requirements of North Carolina
law, no member shall participate in the hearing, consideration or determination of any matter in
which he or she has a conflict of interest (conflict). A conflict exists when a member engages in
any business or transaction or has a financial or other personal interest, direct or indirect, that is
incompatible with the proper discharge of his or her official duties or would tend to impair his or
her independence of judgment and action in the performance of his or her official duties. A
conflict exists when any member:
(a) Has a financial interest as owner, member, partner, officer, employer, stockholder or
other participant in a private business or professional enterprise that will be affected by
the outcome of any matter under consideration before him or her in his or her capacity
as a member.
(b) Has such interest in any matter which may be adverse to the public interest and the
proper performance of his or her duties as a member.
(c) Has an interest in speculative or investment activities that will benefit from use of
confidential information obtained as a member.
(d) Utilizes property, either real or personal, owned by the City, County or other
participating political subdivision in any business venture or enterprise that results in
private gain, monetary or otherwise, to such member.
Personal as distinguished from financial interest includes an interest arising from blood or
marriage relationship, by consanguinity or affinity within and including the third degree.
2.6 Confidential Information. No member shall use or disclose confidential information
concerning the property, government or affairs of the Authority for the purpose of advancing the
financial or other private interest of himself or herself or others.
2.7 Gifts and Favors. No member shall accept gifts, favors or anything of value, whether in
the form of service, loan, material thing or promise, from any person who to his or her
knowledge is interested directly or indirectly in any marmer whatsoever in business dealings with
the Authority. No member shall accept any gifts, favors or anything of value that may tend to
influence him or her in the discharge of his or her duties or tend to influence him or her in
granting any improper service, favor or thing of value. If it is impossible or inappropriate to
refuse a gift, then it shall be turned over to any appropriate public or charitable institution.
2.8 Appearance and Intervention on Behalf of Others. No member shall appear before
the Authority or any of its committees, or intervene, on behalf of private interests in any matter
that will be in conflict with his or her duties as a member. Any member may appear before the
Authority in the course of the performance of civic obligations whenever no retainer,
compensation or gifts shall be accepted in connection with such representation. Members shall
not seek to influence a decision, participate in any action or cast a vote involving any matter that
is likely to result in a personal and/or financial gain.
2
69
2.9 Application of Provisions. In applying the provisions set forth in sections 2.5 through
2.8 hereinabove, the following procedures shall govern:
(a) A member who determines there is a conflict shall declare to the Authority the
existence of a conflict and its nature and shall request to be excused from the hearing,
consideration or determination of the matter by the Authority. The Authority shall
vote on whether any conflict exists and to excuse the member from voting.
(b) A member who believes that a conflict may exist on his/her part or the part of another
member shall declare the possible conflict and its nature, and ask for a determination
by the Authority. The Authority shall determine whether or not a conflict exists and
excuse the member.
(c) If a member who has a conflict will not voluntarily seek to be excused by the
Authority, the Authority shall make a determination as to whether a conflict exists
and excuse the member.
2.10 Reimbursement and Compensation. Members of the Authority and its committees
shall be reimbursed for their out-of-pocket expenses incurred for attendance at any out-of-town
meetings and conferences as determined by the Authority. Members shallmay be paid a per
diem for attendance at regular Authority meetings not to exceed $250.00 per month.
2.10 in an amount determined by the Authority in compliance with law.
Article III
Meetings
3.1 Ree:ular Meetine:s. Regular meetings of the Authority shall be held at least once per
calendar month at such time or times and place(s) as may be prescribed by resolution of the
Authority adopted no later than December of each year. When any regular meeting of the
Authority falls on a legal holiday of any participating political subdivision, then such meeting
shall be held on the next following regular business day. Whenever the date of a regular meeting
is determined to create a scheduling conflict, the Authority may by vote change the date and hour
of the meeting.
3.2 Annual Meetine:. Except for the initial organizational meeting, the first regular meeting
in November of each year shall be the annual meeting of the Authority.
3.3 Special Meetine:s. Special meetings of the Authority may be held at any time and place
upon the call of the Chairperson or Vice-Chairperson or any two members upon at least forty-
eight hours written notice to each member served personally or left at his or her usual place of
business or residence or served by facsimile or electronic mail. Notice of any meeting of the
Authority may be waived in writing either before or after the meeting and shall be deemed
waived by attendance at any such meeting without first objecting to lack of proper notice.
Special meetings shall be held at such place and time and for the purpose(s) specified in the
notice.
3.4 V otiD!~. Each member is entitled to one vote. Voting on matters coming before the
3
70
Authority shall be in person; however, a video or telephone conference meeting may be held in
compliance with the North Carolina Open Meetings Law.
3.5 Ouorum. The Authority may exercise any of the powers conferred upon it at any
meeting, regular, special or adjourned, at which a quorum is present. A majority of members
shall constitute a quorum, and the vote of a majority of the members present and voting shall be
necessary for any action taken by the Authority, unless otherwise specified in these bylaws or the
Articles ofIncorporation for the Authority. The Chairperson shall vote on all questions. No
vacancy in the membership of the Authority shall impair the right of a quorum to exercise all the
rights and perform all ofthe duties of the Authority. Unfilled vacancies shall not be used to
establish the absence of a quorum. Every member shall vote unless excused by a vote of the
remaining members for a conflict. A failure to vote by a member who is present at the meeting,
or who has withdrawn from the meeting without being excused by the Authority, shall be
recorded as an affirmative vote.
3.6 Order of Business. The order of business at regular meetings shall be as follows:
(a) Determination ofa quorum
(b) Approval of minutes
( c) Consent agenda
(d) New business
1. Administrative reports (e.g. CEO, CFO)
2. Chairperson report
3. Committee reports
4. Public hearings
5. Actions on resolutions, ordinances and reports
6. Appointments
(e) Old business
(f) Discussion by members of items not on the agenda
(g) Adjournment.
3.7 Consent A2enda. The Authority may designate a part of the agenda as the "consent
agenda". Items shall be placed on the consent agenda that are considered routine and non-
controversial. Any member may remove an item from the consent agenda and place it on the
regular agenda. All items remaining on the consent agenda shall be voted on and adopted by a
single motion, with the minutes reflecting the motion and vote on each item.
3.8 Robert's Rules. If any disagreement in the conduct of any meeting or the order of
business arises, the rules of parliamentary procedures as set forth in the latest edition of Robert's
Rules of Order Revised shall prevail, providing that the terms and conditions of the Articles of
Incorporation for the Authority, these bylaws and the North Carolina General Statutes shall in all
cases be controlling.
3.9 Minutes. Minutes of regular and special meetings shall be kept in writing. Minutes shall
be made available to members within ten working days after adjournment.
3.10 3.10 Chair pro tempore. In absence of the Chairperson and Vice-Chairperson, the
4
71
Authority shall appoint a Chair pro tempore who shall preside at the meeting.
3.11 Open Meetin2s; Public Records. The Authority is subject to the North Carolina Open
Meetings Law and North Carolina Public Records Act.
Article IV
Officers
4.1 Officers. The officers of the Authority shall be a Chairperson, Vice-Chairperson,
Secretary and Treasurer.
4.2 Election and Appointment of Officers. The Authority shall, at its annual meeting each
year, or if a quorum is not present at such meeting, then at the next regular meeting or at a
special meeting called for such purpose at which a quorum is present, elect a Chairperson, Vice-
Chairperson, Secretary and Treasurer from its membership who shall hold office for one year or
until their successors are duly elected and qualified unless they resign or are removed prior to
that time. The Chairperson and Vice-Chairperson shall not be appointed to the Authority by the
same participating political subdivision. Any officer may be elected by the Authority to succeed
himself or herself in office for no more than three successive terms in the same office. If any
offices become vacant for any reason, the Authority shall at the next regular meeting fill the
office.
4.3 Chairperson. The Chairperson shall preside at all meetings of the Authority. The
Chairperson shall prepare, or cause to be prepared, an agenda for each meeting which shall
include each proposed resolution, ordinance and report on which action is to be taken at the
meeting. The agenda for each regular meeting shall be delivered to members at least five days
prior to the meeting. A request from an Authority member to have an item placed on the agenda
for a regular meeting is to be made to the Chairperson at least ten days before the meeting. The
Chairperson shall perform other duties commonly incident to the office and shall perform other
duties and have other powers and authority as may be conferred from time to time by the
Authority in accordance with law.
4.4 Vice-Chairperson. In the absence of the Chairperson, the Vice-Chairperson shall serve
as Chairperson and at such time shall have the same powers, duties and authority as the
Chairperson. The Vice-Chairperson shall perform other duties and have other powers and
authority as may be conferred from time to time by the Authority in accordance with law.
4.5 Secretary. The Secretary shall attend to the giving of any required notice of regular and
specials meetings of the Authority. The Secretary shall be responsible for ensuring that the
minutes of Authority meetings and meetings of its committees are properly kept in writing and
maintained at the principal office of the Authority. The Secretary shall attest by signature
whenever required. The Secretary shall perform other duties commonly incident to the office
and shall perform other duties and have other powers and authority as may be conferred from
time to time by the Authority in accordance with law.
4.6 Treasurer. The Treasurer shall perform duties commonly incident to the office and shall
5
72
perform duties and have other powers and authority as may be conferred from time to time by
the Authority in accordance with law.
4.7 Removal from Office. Any officer may be removed from office (but not from
membership on the Authority if a member) by the Authority at any time.
Article V
Committees
5.1 Committees. The Authority may establish such special and standing committees as it
deems desirable to assist in conducting its business which shall serve only in an advisory
capacity with duties as determined by the Authority. Committees will make recommendations to
the Authority and shall prepare reports on matters pertaining to assignments as directed by the
Authority. Any such committees may be abolished in the discretion of the Authority.
5.2 Membership. Committee members and chairpersons shall be appointed by the Authority
Chairperson. Committee members need not be members of the Authority; however, committee
chairpersons shall be members of the Authority.
5.3 Meetine:s and Quorum. Committee meetings shall be called by the committee
chairperson or two other committee members. A majority of committee members present at a
meeting shall constitute a quorum. The act of a majority of committee members present at a
meeting having a quorum shall be the act of the committee.
5.4 Minutes. Each committee shall keep written minutes of its meetings and shall deliver a
copy of these minutes to the Secretary of the Authority for distribution to the Authority. Minutes
shall be made available to Authority members at least ten working days after adjournment.
5.5 Reports. Each committee chairperson shall report on its accomplishments to the
Authority at each regular meeting. At least once a year, and no later than September 15th, each
committee chairperson shall deliver to the Authority and Chief Executive Officer a written report
of its work and accomplishments during the preceding fiscal year. These reports (or excerpts
thereon from) shall be included in the annual report.
Article VI
Administration
6.1 Chief Executive Officer; Budl!:et Officer and Finance Officer. The Authority shall
appoint a Chief Executive Officer (CEO) who shall not be a member of the Authority and who
shall serve at the pleasure of the Authority. The CEO shall devote his or her time to the
Authority and shall not actively engage in any other business that will conflict with his or her
primary duties to the Authority. The CEO shall be the Budget Officer and Finance Officer and
shall have the powers and duties set forth in the North Carolina Local Government Budget and
Fiscal Control Act. The Authority shall pay the CEO such compensation as it deems necessary
and advisable.
6.2 Duties of Chief Executive Officer. The CEO shall be responsible for the day-to-day
6
73
operations of the Authority. The CEO shall attend meetings of the Authority and shall attend
committee meetings when requested. The CEO shall make recommendations to the Authority
for adoption of such resolutions, ordinances, rules, regulations, policies, procedures, guidelines
and any other measures that he or she shall deem necessary and advisable for the efficient and
proper administration of the operations ofthe Authority. The CEO shall be accountable to the
Authority for the proper and efficient administration of the operations of the Authority and for
the implementation and execution of resolutions, ordinances, rules, regulations, policies,
procedures, guidelines and directives approved or adopted by the Authority. The CEO shall be
responsible for preparing and presenting the annual report on the condition of the Authority at
the armual meeting of the Authority and shall also deliver a copy to each participating
subdivision. The CEO shall prepare the proposed annual budget ordinance and the capital
improvement plan and submit these to the Authority for approval. The CEO shall be responsible
for obtaining and furnishing to the Authority financial and other reports as may be required by
the Authority. Except for those persons appointed to positions by the Authority who shall serve
at the pleasure of the Authority including but not limited to the Executive Secretary (Clerk),
Internal Auditor and Legal Counsel, the CEO shall employ all employees of the Authority in
accordance with the adopted budget ordinance, organizational structure, Human Resources
policies and within any pay and classification plan adopted by the Authority. The CEO shall
supervise, discipline and discharge all employees of the Authority.
Article VII
Finances
7.1 Fiscal Control. The Authority is subject to the North Carolina Local Government
Budget and Fiscal Control Act (Act). The Authority shall establish guidelines, policies and/or
procedures for the efficient and sound fiscal management of the Authority not inconsistent with
the Act.
7.2 Monthlv Financial Statements. A monthly Statement of Net Assets (balance sheet),
Statement of Revenues, Expenses and Change in Net Assets (income statement) and Statement
of Revenues Expenditures, and other Funding Sources (Uses) (budget vs. actual) shall be
submitted to the Authority by the CEO at each regular meeting of the Authority. The Authority
may require other financial reports on a monthly, quarterly or other basis and may direct that
reports contain information in such detail as it deems appropriate.
7.3 Fiscal Year. The fiscal year ofthe Authority shall commence on July I of each year and
shall terminate on the following June 30.
Article VIII
Capital Improvement Plan and Permits
8.1 Capital Improvement Plan. The Authority shall adopt at least a 1 a-year capital
improvement plan which shall be updated at least bi-armually. Immediately following its
adoption, a copy of the capital improvement plan shall be forwarded to each participating
political subdivision.
7
74
8.2 Permits. The Authority shall acquire and maintain in good standing operation permits
from the State of North Carolina Division of Water Quality and any other applicable local, state
or federal permits, licenses or certificates necessary for the operation of a consolidated water
system and sewer system, and may include stormwater and other services as authorized by law if
approved by the governing bodies ofthe County and City.
Article IX
Execution of Documents
9.1 Execution of Documents. The Authority may, except as otherwise provided in these
bylaws or law, authorize any officer or the CEO or any senior staff member to enter into any
agreement or execute and deliver any written instrument of, and on behalf of, the Authority and
any such grant of Authority may be general or confined to a specific instance. Unless so
authorized by the Authority, no officer, member, agent, appointee, employee or the CEO shall
have any power or authority to bind the Authority by any agreement or engagement, or pledge or
its credit, or to render it liable in any way, monetary or otherwise, for any purpose or in any
amount.
Article X
Amendments
10.1 Amendments. These bylaws may be amended or repealed and new bylaws may be
adopted by a three-fourths majority vote of the members at any regular or special meeting of the
Authority upon thirty days written notice of such amendment.
Article XI
Severability
11.1 Savine: Clause. If any section, subsection, paragraph, or part of these bylaws is for any
reason held unlawful or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed severable and such holding shall not affect the validity of the remaining portions
of these bylaws.
ADOPTED by the Cape Fear Public Utility Authority at a meeting
held on the _ day of ,20_
Chairperson
ATTEST:
Secretary
8
75
W &SAuthority.bylaws.MarchFeb5 .07. trackedaccepted
9
76
ARTICLES OF INCORPORATION
CAPE FEAR PUBLIC UTILITY AUTHORITY
ARTICLE I
NAME AND PRINCIPAL OFFICE
1.1 The name of the authority shall be the Cape Fear Public Utility Authority
(Authority).
1.2 The address ofthe initial principal office of the Authority is 320 Chestnut Street,
Wilmington, North Carolina 28401.
ARTICLE II
ORGANIZATION
2.1 The Authority is organized under Chapter 162A, Article 1 of the North Carolina
General Statutes known as the North Carolina Water and Sewer Authorities Act,
as amended (Act).
2.2 The names of the organizing and initially participating political subdivisions are
the City of Wilmington, North Carolina (Wilmington or City) and New Hanover
County, North Carolina (County).
ARTICLE III
MEMBERS
3.1 The Authority shall consist of nine members who shall be residents of the
Authority's designated service area.New Hanover County.
3.1.1 The governing body of each participating political subdivision shall appoint to the
Authority the number of members set forth opposite its names below:
City of Wilmington 4
New Hanover County 4
No more than one of the members appointed by the City and one of the members
appointed by the County may be elected officials.
3.1.2 The ninth member of the Authority shall be appointed jointly by the City of
Wilmington and New Hanover County.
3.1.3 Within two years of the date of issuance of the Certificate of Incorporation or
Charter for the Authority by the North Carolina Secretary of State, members
77
appointed by political subdivisions shall not also be members of the governing
body of any political subdivision participating in the Authority.
3.2 A proportionate number of the initial members of the Authority shall have terms
expiring three years, two years and one year respectively from the date of
issuance of the Certificate of Incorporation or Charter for the Authority by the
North Carolina Secretary of State. After the initial terms each member of the
Authority shall be appointed for a three-year term. No appointee shall serve more
than twothree full consecutive terms. An appointee who serves two full
consecutive terms shall not be eligible for re-appointment to the Authority for one
year.
3.2.1 Thelnitial members, names, addresses and terms of office of the initial members
ofthe Authority appointed by Wilmington are as follows:
NAME - 3 year term
TITLE
ADDRESS
NAME - 3 year term
TITLE
ADDRESS
NAME - 2 year term
TITLE
ADDRESS
NAME - 1 year term
TITLE
ADDRESS
3.2.2 The names, addresses and terms of office of the initial members of the Authority
appointed by the County are as follows:
John R. Andrew - 3 year term
Professional Engineer
5910 Cedar Landing Road
Wilmington, NC 28409
Kathryn L. Johnston - 3 year term
Chief Finance Officer/American Property Experts
3530 Aster Court
Wilmington, NC 28409
2
78
Robert G. Greer- 2 year term
Vice-Chairman, NHC Board of Commissioners
8735 Rarnsbury Way
Wilmington, NC 28411
Burrows G. Smith - 1 year term
Construction ConsultantJReal Estate Development
131 Skystasail Drive
Wilmington, NC 28409
NAME - 3 year term
TITLE
ADDRESS
NAME - 3 year term
TITLE
ADDRESS
NAME - 2 year term
TITLE
ADDRESS
NAME - 1 year term
TITLE
ADDRESS
3.2.3 The name, address and term of the ninth initial member of the Authority
appointed by Wilmington and the County is:
NAME - 2 year term
TITLE
ADDRESS
3.2.4 The initial terms of office begin on the date of issuance of the Certificate of
Incorporation or Charter by the North Carolina Secretary of State.
3.3 The governing body of each participating political subdivision shall be
empowered to remove at any time any member of the Authority appointed by it
for any of the following reasons:
(a) For moving residence from the Authority's designated service area.
3
79
(b) For mental or physical incapacity to properly and adequately perform the
duties and functions of the appointment.
(c) For repeated absences from Authority meetings such that the performance of
the Authority is impaired.
(d) For any illegal act in connection with Authority business.
(e) For conviction of a felony or crime involving moral turpitude.
The governing body whose member is removed shall appoint a successor member
to fill the unexpired portion of the removed member's term.
ARTICLE IV
PURPOSES AND POWERS
4.1 The purposes for which the Authority is formed is to exercise all the powers
granted to the Authority to acquire, finance, construct, manage and maintain and
operate a water system and a sewer system as defined and authorized under the
Act, and may include stormwater and other services as authorized by law and if
approved by the City and County.
4.2 The Authority shall have all the rights, power and duties of an Authority under the
Act.
4.3 The Authority shall serve theits designated service area of the unincorporated area
of New Hanover County that constitutes the New Hanover County Water and
Sewer District, and the City of Wilmington. and, to the extent permitted by the
Act and by the terms of these articles, tThe Authority may serve such other
political subdivisions and private entities as the Authority may determine upon
the terms and conditions established pursuant to contract.
ARTICLE V
AMENDMENT AND ACTIONS
5.1 These articles shall not be amended or changed without the express agreement of
each of the governing bodies of the incorporating political subdivisions.
5.2 None of the following actions shall be taken or permitted to occur by the
Authority without the affirmative vote of a majority of the members appointed by
each incorporating political subdivision:
(a) The inclusion of additional political subdivisions or other entities in the
Authority in accordance with the Act.
4
80
(b) Agreements with other political subdivisions, entities, or persons for the bulk
sale of surplus water or the acceptance and treatment on a bulk basis of
wastewater, hauled waste and/or sewage.
ARTICLE VI
ANNUAL BUDGET, AUDIT AND ENVIRONMENTAL REPORTS
6.1 A certified copy of the annual budget and annual audit and a copy of annual
environmental compliance reports shall be delivered promptly to each of the
participating political subdivisions and any other participating entities.
IN WITNESS WHEREOF, the City of Wilmington, North Carolina has caused
these Articles of Incorporation to be executed by its Mayor and its corporate seal to be
affixed hereto and attested by the City Clerk as of this day of ,
20_; and the Board of Commissioners of New Hanover County, North Carolina, has
caused these Articles of Incorporation to be executed by its Chairman and its corporate
seal to be affixed hereto and attested by the Clerk to the Board as of this day of
,20_
CITY OF WILMINGTON
[SEAL]
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
5
81
BOARD OF COMMISSIONERS
OF NEW HANOVER COUNTY
[SEAL]
Chairman
ATTEST:
County Clerk
APPROVED AS TO FORM:
County Attorney
6
82
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, the undersigned Notary Public, do hereby certify that Penelope Spicer-Sidbury
personally appeared before me, and who being duly sworn, says that she knows the
common seal of the City of Wilmington and is acquainted with ,
Mayor, of the City of Wilmington, and that Penelope Spicer-Sidbury is Clerk of the City
of Wilmington and saw the said , Mayor, of the City of
Wilmington, sign the foregoing instrument, and saw the common seal of said City of
Wilmington affixed to said instrument by said Mayor that she, the said Penelope Spicer-
Sidbury, Clerk as aforesaid, signed her name in attestation of the due execution of said
instrument in the presence of said Mayor of the City of Wilmington.
Witness my hand and notarial seal, this the _ day of ,20_
Notary Public
My Commission Expires:
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, the undersigned Notary Public, do hereby certify that Sheila Schult personally
appeared before me, and who being duly sworn, says that she knows the common seal of
the New Hanover County and is acquainted with , who is
Chairman of the Board of Commissioners of New Hanover County, and that Sheila
Schult is the Clerk of New Hanover County and saw the said ,
Chairman of the Board of Commissioners of New Hanover County, sign the foregoing
instrument, and saw the common seal of said New Hanover County affixed to said
instrument by said Chairman, and that she, the said Sheila Schult as aforesaid, signed her
name in attestation of the due execution of said instrument in the presence of said
Chairman of the Board of Commissioners of New Hanover County.
WITNESS my hand and notarial seal, this the _ day of ,20
Notary Public
My Commission Expires:
water. sewer. ArtsMarchfeb5. 07. tracked
7
83
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Regular Item #: 11.1 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Modification of Master Plan (Z-677, 7/99; Mod. 1/07) - Request by McKim & Creed for NNP IV Cape Fear River, LLC
to Modify the Approved Master Plan for Relocation of River Road
BRIEF SUMMARY:
The Planning Board recommended approval with conditions by a vote of 5-0 at their January 4, 2007 meeting. The item
was continued at the February 5, 2007 County Commissioners meeting until a traffic study of the River Road area was
completed.
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:
~ ~
Z-677 Modification - Staff Summary amend. doc Z-677 Modification Petition Summary.doc
applicant materials, neighborhood petition, letter of opposition, adjacent property map, site plans (11 x17), the River Road
Small Area Plan
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
84
CASE: Z-677 (7/99) - Modification (1107);
PETITIONER: Richard Collier, McKim & Creed for
NNP IV Cape Fear River, LLC
REQUEST: Master Plan Modification - Relocate River Road
ACREAGE: Approximately 1,340 Acres
LOCATION: Parcel R07000-006-009-000
LAND CLASS: Transition
PLANNING BOARD ACTION
At its January 4, 2007 meeting, the Planning Board recommended approval ofthe requested
modification by a vote of 5-0 (I member recused). Several people spoke in opposition, citing
concerns about additional traffic on River Road; additional traffic in the Arrowhead
neighborhood and noise from relocation of the roadway closer to homes in the area. The Planning
Board's recommendation included two conditions:
1. Developer must hold a minimum of 2 informational meetings for the adjacent
community prior to the County Commissioner meeting, with one purpose
being to receive input on the community's preferred method of buffering the
roadway from the community (i.e. vegetated berm, sound barrier wall, etc).
2. A public canoe/kayak launch as well as a public boat ramp if environmental
permits can be obtained must be included on master plan.
STAFF SUMMARY
In August, 1999, the County Commissioners approved rezoning of the referenced tract
from 1-2 industrial to PD Planned Development, based on a master plan which anticipated 3,366
residential housing units constructed on 657 acres; 28 acres of commercial area; a marina; 494
acres of open space that will not be developed; a possible golf course; 3 points of access to the
water - one private, one semi-private and one public; bike lanes and/or pedestrian paths along
River Road; combining open space for development of a large public park facility; provision of a
road connection on the east to Carolina Beach Road and Mary C. Williams Elementary School;
and widening and relocation of River Road. The proposed location on the approved master plan
shifted the roadway easterly at a point about 1,400 feet from the Progress Energy site near
Barnards Creek to about 1,500 feet off the existing right-of-way at the widest point, and then
merging back into existing right-of way about 1,900 feet from Motts Creek. The stated purpose of
the relocation was to "free up additional waterfront for development."
A recent change of ownership has generated interest in modification of the proposed
relocation route for River Road. Staff felt the change did not qualify for administrative approval
as a minor modification under the provisions of Sec. 53.5-3(2)(D) because the movement
eastward is a change in design for vehicle traffic circulation.
In addition to the roadway change, the proposed master plan has reorganized the
components of the adopted master plan to consolidate the commercial components into a single
area near the northern property boundary. A round-about is included for traffic calming near a
consolidated commercial area. A boardwalk, separated bicycle and pedestrian path, and a golf
85
course are included in the plan. Residential components are structured around natural ridge lines.
Wetland areas are better preserved.
In order to most effectively implement this design and provide the public and private
amenities anticipated for the development, the petitioner is requesting to move the road alignment
further eastward so that it comes approximately 225 feet from the adjacent Silver Lake residential
community. The following table highlights proposed changes to the existing site plan:
Approved Proposed
PROJECT COMPARISON 1999 2006 Difference
Residential Units 3,366 2,290 -1,076 units
Residential Acres 634 499.2 -134.8 ac.
Commercial Acres 29 28 -1.0 ac.
Open Space 494 703 +209 ac.
B ikeIPedestrian yes yes none
Boardwalk no yes gain
Boat Launch yes yes none
Park Sites Acres 14 19.2 +5.2 ac.
River Road Acres (100' ROW) 34 37.9 +3.9 ac.
School Fee-in-lieu $2.5m $2.7m +$0.2m
Fire Fee $500k $406k -$94k
Staff Comments:
The proposed realignment of river road constitutes a major change to the existing
PD site plan. The alignment increases the distance and thus travel time on this increasingly
popular stretch of roadway. The proposed alignment does not eliminate any river views
which would not be eliminated by the already approved plan. The new alignment also
brings the roadway to within 225 feet of existing residential development. A 200' fringe use
area which contains a Progress Energy easement is indicated on the site plan. Outside of
the PE easement, this area is heavily wooded and will provide significant screening from
River Road. Staff urges the development team to continue to work with adjacent
communities to lessen the potential noise impacts of the proximate of the new road location.
The addition of roundabouts and the consolidation of the plan's commercial
properties on a riverfront location has the potential to create a unique, attractive and
popular destination for residents and visitors to the development. One purpose of the
roundabouts is to take away the need for signalized intersections and to accommodate
commercial traffic at the commercial center.
A development of this size certainly will have an impact on adjacent communities,
traffic congestion and the environment. The proposed site plan reduces the number of
residential units by 1,076. This 32% reduction will greatly lessen the burden on the
roadways and other infrastructure. The proposed roadway alignment avoids disturbance
of three sand ridges which provide habitat unique to this area. The plan proposes a 41 %
increase in the amount of open space compared to the approved plan.
Staff finds that changes proposed to the original PD district will be positive and will
lessen the burden on infrastructure and the environment therefore staff recommends
approval.
COMMISSIONER ACTION NEEDED:
86
1. Approve or deny the revision of the Master Plan based on a comparison
of the impacts of the existing approved master plan versus the proposed
master plan.
87
Case: Z-677, (7/99) - Modification (1/07)
Petition Summary Data
OwnerlPetitioner: Richard Collier, McKim & Creed for
NNP IV Cape Fear River, LLC
Existing Land Use: Vacant
Zoning History: Originally zoned 1-2, April 7, 1971, rezoned PD, July 1999
Land Classification: Transition
Water Type: Public
Sewer Type: Public
Recreation Area: Arrowhead Park, River Road Park
Access & Traffic Volume: River Road: 2,987, ADT 5/2004
LOS: A
Fire District: Myrtle Grove FD
Watershed & Water Quality Classification: C(SW) - Motts Creek & C(SW)
Bamards Creek
Aquifer Recharge Area: Secondary Recharge Area
Conservation/Historic/Archaeological Resources: Flood Zone; Salt Marsh; Tidal
water
Soils: - Kureb, Baymeade, Rimini (Predominate)
Septic Suitability: Well drained
Schools: Mary C Williams
88
APPLICANT MATERIALS
89
WHAT YOU MUST ESTABLISH
FOR A CHANGE OF ZONING
Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals.
The North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan.
The governing board is required to adopt statements that the change is or is not consistent, reasonable, and in the
public's interest. Since amendments to zoning maps should also be based on a Land Use Plan, you must explain how your
request satisfies each of the following requirements: (Fill in below or attach additional pages).
1. How would the requested change be consistent with the County's Policies for Growth and Development?
This project is an extension of residential developments as they exist to the north, south, and west. It also provides
access to the Cape Fear River, new NHC County Park facilities, re-establishes natural wetland areas, and protects
steeper slopes throughout.
2. How would the requested zone change be consistent with the property's classification on the Land Classification
Map?
The land classification is urb.an transitioJ;l and the current PD zoning provides for a mix of uses that are appropriately
sized and spaced to enhance the property and protect the environment and surrounding properties.
3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land
involved unsuitable for the uses permitted under the existing zoning?
Former 1-2 Zoning (pre 1999) in this area surrounded by R-IO, R-15, and MF is inappropriate. The rezoned PD
Zoning will provide safeguards for surrounding properties and protect the natural environments.
4. How will this change of zoning serve the public interest?
Re-establish natural wetland areas, preserve steep slopes, provides public water & sewer systems, and improves the
River Road corridor with dual bike lanes and improved roadway design. The project protects all adjacent land owners
through improved or natural buffers.
Page 2 of 3 ZMA-l1/06
90
5. General Narrative of Master Plan Amendment:
In 1999 this property was rezoned from 1-2 to PD. The Master Plan was administratively amended on December 11,
2002 by Dexter Hayes (included). Since this time, Newland Communities (dba NNP IV Cape Fear River, LLC) has
purchased the property (June 15,2006) and revisited the overall design to further enhance the development while
preserving more of the sites natural features.
The owner and their design team have revised the River Road alignment, shifted residential uses, golf course routing
layout, commercial sections, and re-established vital wetland links and preserved steep slopes throughout the project.
The revised Master Plan provides for pedestrian movement from all areas of the project to the Cape Fear River,
Bernard's & Motifs Creeks, natural wetlands areas, and the amenities for the project.
The owner and design team have met on several occasions with the New Hanover County (NHC) Planning staff and
the NCDOT District Engineer and Division Traffic Engineer to present the revised alignment of River Road,
buffering to adjacent properties, .updated golf routing, and updated land use areas. The December 2006 revised
Master Plan has been well received by NHC Planning Staff and the NCDOT engineers. This plan is being presented
to the NHC Planning Board and NHC County Commissioners to keep everyone included in the progress of the River
Road Development by Newland Cbmmunities..
-
In signing this petition, I understand that the existing zoning map is presumed to be correct and that I have
the burden of proving why a change is in the public interest. I further understand the singling out of one parcel of
land for special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be
illegal. I certify that this application is complete and that all information presented in this application is accurate to
the best of my knowledge, information, and belief.
Il~/ /) t ~ ra~ A/1. {';11t~ ,~
Signature of Petitioner and/or Property Owner Print Name
Page 3 of 3 ZMA -11/06
91
Dear Home Owner,
Newland Communities, the owner of the 1400 acre River Road tract,
will hold two neighborhood community meetings at Winter Park Baptist
Church. The address is 4700 Wrightsville Avenue, Wilmington, NC 28403.
Meeting dates are Tuesday, January 23,2007 at 5:30 p.m. and Friday,
January 26,2007 at 12:00 p.m. The purpose of the meetings is to familiarize
our neighbors with our development plans. Enclosed, please find a color
copy of the plan fer your review prior to the meetings.
The meeting will feature the owners' team in a casual, town meeting
environment. You are encouraged to attend and share your concerns or
suggestions regarding the proposed development. We plan to present
illustrations and ideas regarding the concerns of better buffering River Road
from your neighborhood and ways to reduce or eliminate traffic impacts in
the Lorraine Drive area.
We have chosen Winter Park Baptist because it is the closest location
that is able to accommodate the dates, time, and number of neighbors we are
expecting, and adequate parking is available in the church's parking lot. We
look forward to these meetings and hope that you will attend.
Newland Communities
Wilmington Office
92
Donald Williams
5822 River Road
Wilmington, N.C. 28412
December 29,2006
New Hanover County
Planning Department
County Annex Building
230 Marketplace Drive, Suite 150
Wilmington, NC 28403
To the Planning Board:
Reference letter of, Notice Public of Hearing , New Hanover County Planning Board, January 4,
2007.
Item 1: Planned Development (Z-677, 9/99) Modification (1/07)- Request by by McKim &
Creed for NNP IV Cape Fear River, LLC to modify the approved master plan for
relocation of River Road.
I will not be there in person to voice my thoughts, because of an emergency, so please let this be
entered into record that I, Donald Williams, who is a property owner and resides at 5822 River
Road, was not made aware of any proposal to relocate River Road, until receiving this letter about
the hearing. I understand the old plan had been accepted by the planning Board to increase the
dealt of the road. I have a few objections; The scenery view of River Road will be eliminated, the
River Road is the only Scenery Road left in the County. The increase dealt, will not only takes
away the view, it will also create a greater volume of traffic by my house. At the present time
it's like playing Russian roulette getting out of my drive way, with the existing amount of traffic.
The new plans of building more homes and extending the River Road will definitely result in a
greater flow of traffic. I understand that this plan was originated in 1999. My house was built
since this plan. I would like for the Board to review this proposal with consideration of what
negative effect this will be to me as a homeowner and tax payer on River Road.
New Hanover County is the most dentally populated county and has had the more accident per
county than any other county in North Carolina. Should we add to problems that exist in this
county?
After viewing both plans, I understand, when all the proposed changes are completed, all the tax
payer will get is a small Park leading to the River, for the people to use. I can see in the future,
houses built along the river blocking that access, as in many other cities. Then tax payers will be
block from that small benefit. I do like progress, but to over burden a county that is busting at the
seams already seem a little extreme to me. I just hope that you, the Planning Board Members will
take a deeper look at this proposed plan and not let greed playa greater role in your decision.
Additionally, I do not see taxes going down with all the building that is already going on in this
county and I don't see taxes going down with this proposal either.
~~~
Donald Williams
93
January 4, 2007
New Hanover County Planning Board
230 Market Place Drive
Wilmington, NC 48403
910-798-7165
Dear Board Members,
We, the residents and property owners of the Huntington Forest, Arrow Head,
Sunpointe Estates and other adjoining neighborhoods, are deeply concerned
about the projected relo~ion of River Road by the New Hanover County
Planning Department. We are opposed to the corridor location currently
-
proposed.
The Z-677 schematic some of us were provided indicates the new River Road
corridor would be constructed as close as 225 feet from residents' homes. This
would negatively impact hundreds of homeowners and affect our property values.
The quiet neighborhoods we enjoy would be no more.
The following signatures are of home/property owners and residents of both the
immediately affected neighborhoods and of New Hanover County who are
opposed to this construction project.
Sincerely,
fl!{.L C~ -
Melanie C. Doyle, homeowner
4709 Stillwell Road
Wilmington, NC 28412
910-392-6845
94
Petition Opposing River Road Relocation (Z-677, 01/07)
Name, printed Address Signature
1 ffit' ~I ,~p c.. ~ '\...."k LilOC{~; \ \"4et l K<.1 ,/IlL C1" (':;
2 . },.IL. <)'.'C~~ ~1();" S~.~I\V\ldl ~,l j{y/L. )/~/~k
3 eiLl'lli t6r,~;:.n"'O:/ 4l0<{ s+;((~tl (cci f/~Hwv. Ak~ ....7
4 \(- A'l- K i .J..JJ I '17 r3 ':";-Ij IIw dl Ie Jl ~f? K-Q..
5 {";l\..h/;\l' To(,~d 41/6 .$f;/I"Je.li Rd CM;'~A 1.rJJ
l~) . . . '.1 . . <'.- ~}qf .,
6 ~ 1..,3(.;)..\ l (-iN>H-:/- L/ 7/7 $' to",,!,; l C I'lL lc;,l.Lt.{;j~14t~__
7 le.{~~ .:':" I ;.1i\.i)t-", i-'1Ju j h IIlNtU KU. rIJjuJt,~ (:~)L5t.~t...~
8 fd i b1PL"l\ir ) {FJj(.; Sf:!It:J~lfI~ IJ 1;//LV1I'--I\.. ('1,,-J -.~ A...
9 C IVI -r,t:-l LJ ~~ ,,-lr ~)) , -;!'{/(-J< } I I~ e~ -L .~. I \ I ! J:l A.
10 rl ~'L....;I \JI' J'tH\ 7_:So I. \.', ...J.bv-h ~eC' I?d Id/k..... L,- L,r--
11 i"tohv\V\(i r;Ji..sIlVl /30 L),p.) ...PrI rJ./i/ru L. tJ ~ T~
12 .1:11 MM ~. .f'J e..Jj J). ~ r;; (l:)/f) A JJ AA I.llh itA 7 -Id ~ . .., i;;:{{~~.v (/) (J.J, () J ,
13 SnM NQ..,)\;;;'-I /~4~1l..\ ~\~we((~J , ~4 lW v......<;"" / t-
14 ~ l~r1L~~ 72.-'1 IlL; j ,{d A.4tf.rj' Ilit "(,tvJ.A Ad....l. " /
15 /lJliUJe;re J;,ff/J('W':ft)41J t-f 2.~ PI; I~.u 4~ ~J. '-.W_ v... - cl ~ "' v
16 S:W/CJ 1-4 ~t dbll l./705S-';-,'well RJ (,.... k:-".. ~~1AiJ
17 PAu///< VAii>J -/Jr.//,;)/'jJ .-..,-.... "Kd ;' ~>/h '/"<.5,..L.I~'
18 'rr)A~ IJ j '{A;'P '-'7')..1.//. I V.;;rn(;}C 7/), -/!J1' I A ;~ ~ ",'
J., . -' rj.... ..,.'l.oV' ,-. -"..... ,-. ~ . 7 I ~..".
19 /./1// Leu JVlt:I{:u '-'is.. j,Vj/Oi/.!Jvj(:S"s i~i) ;,/;1-, 1,~_ ll.1.bJ..v:;'''''
J".. J h l -11 /fJ I? i. /, 1/ ;)1 :.~I ~., j /11 - "",:;.,,1{
20 II.? 1e..J, t' "j -, . d<J IV '!tI2 I ,N.s.50. ,*" ' ':'...LC ,,'tV :fl..' y'.Ctf
21 L~\?:h AAr1.i( !.A):\I 1,L1 Lv~\(lQ(v,esS fi Ir=:~(/j, cL-WV\i v~
22 je/';"<-\ L; \-JL<. I {ce05 '-'...h'\ .. ~rNf.s5 Rd K~ c~J:t:tl,- 6"
23 --'111 J'. 1 .. ~1 / P 1: bl~~.lL.-- '1-1" 9 LV.~ /2il , }~ If e(f.; f".. f H / t-L-/ , '\~
24 firJ ~ h .LL_. ._' I...l i c'q (.;<J.L ,H,'(l,v.'!f> ';~D ,fJVVt~ f) ...0 '
25 "'I1oit't.t\\~ r;t"\\~"S-\\t i...h<\7 W;\aNliH{~ \?d Lf.'UOJ.JL4'i1.f"j..i, .; I 1'"'
26 Ctlr'l..s q t'IStlt: 4 {/ J 1;./;/J!c-r,f):I5 ~k' Cg.'C<;r,-t:.lI~~ ~-Ikr_
27 IN {11 e !fl{I-/fltlfln\'/ J;J [j} f'IIQ wlt/~-e-r(tl 7/#'"/~
28 &nnif' mCl.,..lm,+::hr-.. 1r:J.~ Shnll,n,QO ,/-, ). ~/Jv; YJ11cki (Jt7l/ ba/l/ll...
29 R I9 Ge /L JOu~'R,V 1 J 9 sY./ A-kk..,.,i'~ fIt.! Ii!."'" // -" .... /z~ V
30 1Yl41'\1 J{IJ-ft, -7.1.1 SLtlI.J.;ee.. 11L .~~ 1I4.1u
31 K e.6 )f.) A Kit i' \S1~f11 A., lh '>~/~ ... ';-. G--.
32 "tho-wtJ<K. -J c:;./(c..k <-r(j0'17J,!/'jk'UAS5,e,,:d....;::; "":.. r l'<J:~'
33 '11 t'Y\ r 11 p f)€ 0 e r + '--Ie, 1'7 W i' ~I f' f IIIr€>~ IlJ '-i,A."" f hD~ n~ T-'
34 ::tx.1'\ ni' '\ (;.{ f\:t'.-' ~ q~1 Lv. J.. (t\' Jl) -"'::1 ~ .A'\ :U" l.t ~l \ ~
35 nrpJ~lrJj.Jjl-f-rJAJ.( :.Jq:,~ 1,4 .~ flnllI\" 10: f2II..-. n r'j" fl1r11\5-f1 .fl,JJ('
~ ~ · t
6$
95
Petition Opposing River Road Relocation (Z-677, 01107)
Name. printed Address Si- .&. re
1 ~ D 0 ~ ~ctb\-eL 1;;LS WdJ.<4Lr'\-e5S ((d. ......10 ~ C. PtJ,~
2 :J~ <? g ~((..w D Sf' '\, q ~ '1f.'/\.- fif'\7iA.. \.Jtc:~ <- 0,"./ '"' I>
3 ~L ~)r~\lf ~t'. \ \. \ \ Uj d j~ J i...
4~dO .fL-rtL~J+I'€i'-'f "t8--1 <4ILJer!UR, S:S /' 'j;-AI--f ~a:;.1J..<4/
5 :JOe.. ~'\ft'?' III w;\cAevY'.ilsSf'-,\) 1J~ lIu ' (
6 1\.-<;'~1 .j2:,<.... (~ ~^ ~" \ 4}i:(k, Gu~rUQ"l.s<'" I~'- /7'"
7 5Hk:I "'DZ-u.ch U 1\ ct ~ 4800 LU'\d.tl (\Jt'ss...P t' 1 I GV ( )
8 C/I1.ILJe..J-&.H-vl-J.//1 </y/o lJ/ld~YJ1e55RJ. ~~N~
9 r....+-... f9-'~'p-'pj 13D Shli'IA!V\-# ~ Tra..i l ('"J-t? \ IL..noY\..
10 Il)Hol1? 754~JiJtwi1.'-!e ifcc..,,'L W I"J,.,() 4 ~
11 'r~ <:ritv~ 1J'10Z. W'tk etne..~"5 rzJ c..., Ll'~
12 ~Y) .Y k't'l \ ';:"'': c.fCj02.: ~Vj Idu~~eJ ~ ~ l:~
:.n;.,....:. - () 1 f /-., 0.' / I . J ~_ // , r "
13 1_""" dD)'"",~J'V 107 ~ t..../,1f}-(';')j;~$5 /CO (.A~
14 )41J'J 14 ;v5AN 50/-' oJ)) I I I / I - ;j~ ~ SL./.A
15 ~A,cJ ~t(V) 4qllf-W"t~eA\e::6,R) /PdJ'JtJv. ,L\6.t..t....-
16 IA/J,fLr-~ -'-/t1If'Lt\P/J:-VJila:;~' f'c.1 ~ - _ --0
17 rb ~J/u./l ill AN/I-.. IL/Oj ~ ~^}.II (1.o1l.4.n "ff2:.t? ir;1J -t::A -1 A'/\ ~ 1
18 ---- "" 'If . ... w",,~...... - --- (}' '-"
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
@
96
Petition Opposing River Road Relocation (Z-677, 01/07)
Name, printed Address ,.. II Aignature
-- n, _ _ ~ 1'1 J " n ~ I,. If ,,!-.. ---
1 1/ J f"'Ple..ll. J> '1V7 /LA . Ll... . 7<- -
2 h~2;J?Ce~ ?I/ Ar, '<lIJ I'd ~ ~.".,J /?fA"
3 AAJf)/leJ!} NJ~~'l-/ 7// A/{NoJJRd tJ,LM' A~~.:-: /'
4 /Jt.{!(/;4 PC-IL/:(AJS 7/1 AZ(/dlO Lo ~ ..... /'7'~
5 /\ '1\~n- F /0 1-fA I ill j:1(?: 1} R 14 i'l1]')!rV k~'1{} . I Ii': .j' ~lj/j,-X/(1~,L,"v '..
"'1 ^ III '11 . /lA . ^ I J i "y-... \ -1/, ^ '.i
6 ,^-IUT' HD/)~ ).2...< r '~lJId f{.f\L IAJI fA l ~~ ~
7 I~~./'A.. --,/LI..' 7'CL AttNc.\j) tA .fJ ,/1,.. R ~ 1~ ~
8 IV,,-1Io '-Dr j 179Jf1.. .I"/'I/JJ/i),PA/M, 'i 'All. /1.'}I .
9 IS\((\J~ '~~ 1~~th(\t>lcA.er2d vi~ CZl~ ~
10 [(f9.1) 4- IA .r^- '-) T} v--~ ffl1-'v../.1. M /l d./ ~-_.
11 ~o . ~..~, +;:. Cl d)' ~R.N0/dl f,cQ 1"- -?~ IJ . I L-fr=....
12 i1drN.< ~J - ~ 7 =jo tAvAdd-. t:J.. 12t__/~c"..u:2""-'
13 If hh.,1Jr.. C2f) f 01 73D -4n odd Kd It/L~R F"l_ r7 L
14 \J .;;11{} , f~~ - ILIlnl V-;3Cf (-f-.'V-Jo (ci ~. Uc II ...,Up r ( \ Q.../.Ikif
15 ~ t~A ;".'I.P{i.,~ 7s -{ At2.MJd'J {Lh h '^ ~ ~ L. ( I
16 ~~",v.\ ( AMi\",~11 1- 31..( A.I\OIJ fl~ VI ~ ~ 1.1 "II
17 Rolan Catnpbtll' 731/ Arnold Rd. 11f4- ~
18 IThiM'I VV\(,( GiL- 6" 3 \ 3 6 e U '^-'f>1)l c+ ~.1f1/[ _
19 (:'f?rdY:e.. (Y\.Ct &c.. '53 \3 Bel\~rt.Gj:.. / 'rJ~A"'h/;fY2/ A
20 I::J (j S'llv A. Vjj~' / fr1 :)5/ () 8'P (I.. ,. -1 rJ- 1/ /J-'\
21 hft.<"c'''Jl) ~f/'1 ~<6 ~~ or &lI'~.e:=*/I.~
22 I n. ~') n5ti fU F..t ~ l '-I f)30~ ro,l \wDod ~A . y ~\ l lP1 ifC~
23 K'itln JJt)/.uh i...d S-W5'<Kot'(UJOd CT 7{.Q/}Y1 flJ)1t,~
24 atA..2U J(~. 'S)oS {b.eQu"ltj'd ['-1" lwD ~...t /
25 }(e J I~ \..\ C\ \-J e j 1 0 :t, A y~\.C ld. ~J . ~1), 1. ,. fiR 21.,--' \/
26 .J J .
27
28
29
30
31
32
33
34
35
@
97
Petition Opposing River Road Relocation (Z-677, 01/07)
Name, printed Address A ...signature/?
1 tV~'I/INA- -l Ffttellv 4F33 j'hllfill-/{ RJ. //Afi hJt-tfL~/.- -.....
2 PfAfe. IE. Fl1teLL() iftJ33Sf,IIv1f( Fd ,,4/ r1AL'n;1\~ JLQ ~
3 ,~tfl\i 1-fei38S 4'i'4/ <;;-,rJwel/ Rd ((~ /JL';
: { #111. . / " r - r?c /
4 '1- 7 T 2-.i(J~I d ,"' "J1..hfr 'i
5 k:~-P"" ,ql~ 131 &ru(;U ~ //~,('l
6 S-t.u.... GUf')..,.'- q20 L~ 7) A, ~ ~.
7 , -:~ l/ r f/ I SA-I "tV e.$ q:J. <J .Lo I...R fI- ,'tJe.:TJ t. ~ j~,,/ B li /' ... A
I 1''; /i 0 '
8 .(" " ~ ., '1- ,;/
9 '''morlt~WofLKmRiI c,()QioW,"lJr4. ('II.. 't'I ~.t~JLlWlt.lfl''-
10 :;:e,JIt-i1Ai /J~J'~ 4rs7 '7?1 1fJ..J\fJjL pJ. ~.. ~
11 (1,.JL \:\, ~ 14CJ~5 ~\~9~t\Y)\- ~'f'tSLK'~J~_/ ~ \". .~
12 Q" '"J~S/IW- -1S/72t-S-I://wd J ~ t?.JIJl~
13 /);7~t1C::ltr 0 blY LL. '10 ( 8ALF~OV4t? 1:>4.. /~d4-s?~ ~~:>
14 \ ~6v~y ~ qo,\ (~\, ~\l^-o 'Jh I . II \. ,:;j->
'f / ..' ..... ,--,"., .,("
15 AiEt. c;/\J IU "e;V~tfJ.51 ...f.iI_<-t...~ ~l..-/ y!.-
16 ~:ei~~..J- fa l<:.. 7/;.; S,j'~J'/'d1. Rei UB-tJ. (U!.,
17{J. j,J iA r.... /0 705 'S,t (/ {Jr (dK..p Rd ",/f~ ~~)11
18 jP1I/J~JJ1~) //2.::::1-;, 17DL:? >-J ~k~ 1- k (tp ~^- ~~Al
19 /1'_ A /4 h~ 7 /)~ r::;,,'h/P'L La k..,. l~/. L_. ~;;-z;;
20 ~"r....H= ~M.tti'"' 17D{o S,f VfJ-A /Ah:; J2() ~..~ AH~
21 tIi_^ ~ nrlD\ hiiTt I'I()\ <;, \\Jef 1 n'r t'" QA. fA... ~ (k ?.A:tf
f' V .
22
23
24
25
26
27
28
29
30
31
32
33
34
35
98
Petition ODPOSing River Road Relocation 'Z-677, 01107
Name, printed Address . 5 ~
1 l0 ,lL I AM M, ~f--R.I(.t1L If II B j,.j1\.t.~eR. -AJ~ c& I ~L7R1?l. a.~' A
2 2\)~ rA. 'S:~\,b 4&4"1 $'f,'ll ~JC>t.d:~Y' AC:~ .o~1 /- oovl"V/.iJ. U ;f..'A /1{J ~
3 D,v~ R~;Q-,1< ,C\'<~ {l..,,\~...\)chc'.;>gV'1 ~:)2 /./7~
4 '0. -rf} 1\ 0 \ I') lr-bW~Rf) A,it 1\~l(dk-f/ 2~l(~~::Jf .....): / () .~
5 'p~ ~tl \ 1\lh ('\...Oc..\-.k q.. ;..,,,>r Z. 'JS's<..Iot -'11. \r P. / V
6 1A1'\. Mll{;c..-k.. laiD Cet....""\. \)" c.;cl.l..."-1.,,..vk /JAA. N//IMI'/I,>
7 ~-\(,\.,\SSf.\ JoNNSoN )11 MO~;'''-h 1...\. 0~j..,j...,~Nc M~-m'\..
8 1~.rW'Y 'f\\...1. ,,,-1. PDl'kc.\r.o.r.k~", IU. fJ~1 -r:.- r;J. j}.
f} _J~J L \ A.. . ii_/f! L' I . 11. H U~ ---r_
9 ';;)/lJl:,u ~ .~ ^- (pre '1 .lil>5Comb Dr. . LV:/, AJ{. P I~ I'h "fl).
10:~~~S.VV\\~ 12,7-2>1- ~'A'~ -1!'€..?I,W~ lIL~Jl(J -~.VVl~
11 k\ o...v. e...y \).11 I c../hA q 30 J ~ j ~ (!;t., y\ 4 ~ 'h I j) rtTi -I.AA
12 R.\L-h. C4. hcra,or 14:24 f'IH -1.te Grov'e ~l GI7lP\ ~-.;;:> 1-
13 i2:I(',.,. I'n ;),,;1:... (; 3i75e--f;{e;:vt.f:~~".J---P. E. -~ /l Ii//' ~
14 t\Am~_~ t .l<e.. 1<-" 1'0'9> N~L'1L1. \'\\-r U ~~ \..-. r-. <; ~ -~
15 ,-':A~ ~l;)Ol..f'\.( '1")18 -301 (;$u. 'P~ ~. Nlt.M. <.f2;z: ~J--
16 (16"''' 'f SLoA,r-\ '51..(2:>0 6+tGl..-&~ r465T()L Z.~'1Dq fl?-""",/ 11....-
17 SkU- ?3bNJP"rz ~/Iq .-r:; JJ. f~. . ) ~) ,1J.WL7- ~
18 () AI J ~/.b .j) Il .. 10/ q 1 L IJ-I- t7 J1 0 =(~?^~~ .~'./'l
~ /~
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
Ji)
99
I hlo7
_~'~~f-~ 49/tl 51/~~E~L/W.
---- ..~__lj<O(J(o ST'l\kJ~\\ ~~q~
. .~..... ..J--:- ,7'BD9S'.77c:d11.!/ 1111::;,
I.. .......~~;:;~d
---------..-- '- ~ ". ------.---.-----' -.Q2~LUL~1j>L2ef-
.. - --/tt. - ---.--_.~.-' _ -tJ~-.-~<f:3~-S~~1.
h' c~. \ d
.- . _.........~-' 1~'0.i~h'lQm~,,~- L1SJ3.":2I,~\\I.A.1:U t .'
.-- A . .~-_.{~r2.~-Rd:-m ....
-.--.. . _~L '. .__L}1~L_~' ...._~.
(___i1~________.______ -.---------------__________....- -----1J.-~-~b--.5'G_~\. v,>_:eJL___~~._~n________ .__
., ..... -~~-...---4y.~~-~J.JLbJ~f?<L ____H.
--.-.----~-R':...-------------..---------4%2-)L--~-------_ ..l~_____.______._..
tel-if
-~ ..-.-.~-,--.,.---.-~-----...;..---~.--.---.-----------.--".~._~~.-..--.-----.-,-- --- ~_'~_"_~'__'_W_"____~_"______'___'____'___""~___'___, __. _.__.___ . .~. .w' __ ___.._ ____ __ .
:=.=~~~==:=-=:-'ff%={fJ~~~d=.=--=
W~ ~ lt7Y~ u' rUJ.
------- . -------------.------------ -- - ~--- --..------.-..--..-
-___ f 1ItuJv.. 175QilL~..-.-_
- --~--------, " · ____~---;{9n.o]d'. ____ _~----.--______.:
_______________ _ r -----_--{f..ff1f-IU~/~__a.____ ______ ___
, -- i1t ·
..-\-~---- lilt - w,S ----__ Vqry'~__ U!JL~4~_~01_. ___ __ ________
-----~ <-' : . --'Cq;:_WJ~_t2d ~...___
------~ ~~~-. .-~.. ...&:1..... ..-...
________~____ ~ ~-----------~~--~~ll~'<I~~___~_________
-'--- - ...~. ~~----tit7d.-J/jLLd!J;..U., .p.pu _.n ...
-\
- ~---- --- -_ ________________ _'.___h__ _________.___ ..____ _ _ _ __ '..._....___.__.... _ ,.._ _..~.____~_...__ __._" .~_,,~_.__ __~
-.-------.----. .-- - -- -- -.-- -.-------> ---- - - ---- ----- _. - -- - ---- - - - - - - - . - -- -- - . .--.....- .,-._- -'- ---. ,.. -'-'---.
-- 0
100
. 6,
~~\Jk .~~SI\Ver ~C\k({ .. ......
l\. ~. ~ ~\\Vf.( Ic.ke A.
j - _~~~ _ L 5\(0 S,\Vey (Q~I L ~
...,~ .1- ... 7~~J3~~~.
- ---- -~-------------------~----~-dh. -._- -_._____
(, "~.. - ~)74.1E1<ef2f? 'I~tD- s~ ~j
-< ,- _n__ -~~M~_~'~_~m~~_;.?~$.f~~~-__~~__._____~_~----
, : . I
.. . ..-~~~;0~ - q;}3t7~_R;~~~j).d,c~_, -
.. ./'.- u~cLcl4,_n .. r-7.~~__;f.,__._.._
~- -----.-..-..-..~-...,--....,..--.-....-.-.---.-.--.--.-----.--.-. --"'-," .. ----.- ---.,-- --.-.----.---- -,---.-.-.. --------- ---- . .. ....-. .___..____--.,___.-- '_______.__n._______..,___.___ ___ __ ._.,.,__ __ .
._~..__.,__ n __... _________ _,.__ ___m_. _______~_._.._ '___'_'_'_-'_'___ __m_______ __.. ____.______.__. _.__ _____. ___...___~_.__.._..______..__.. _,.'____'________.__._______._~~__.__..__
--'--- ---'--- ---...------.---..------......--- -- .-______+__ _.__._____.._...._~n__.__~_.._.___._~___...__ __.~__ ___
------- - -~-~- ---- ----- ~ ----- -- ------~-- -~----- ~--- -----------~--~ ~-------- ---- ~ ----- --
----.-..-.-- ___-----,---__.n___._____.___....._._. .---~-- ----......-____._._~_ .... __~____.._ .__.___.____._____..__.__ _________...__,______..___..___._._ u____.___._.._..____ __._._._.._.. _____._ .__,,__.~._.___
.~~------- -.------.. ----_._-----_._----_.._-----~_._.._--"._---_._--_._- --.------------ _. ---...-----.---..---- ._---_._--_.~_."""..._~,_._----,_.~--_._._-_., ------.
'1
__1__________________ _______.______________________________.______________________________
-------~----_.~------.._-------_._._--_._---------._-------------. ----- ~- ~ -._-------------- --.--.
--_C-'r--' _ _.___.. _ _.__~.________._ _.~_ _.____...__.... , _ __._.____ _____.__....__ ____.. ._ ._________...__ __.________ ..____ _______~_.___'"_._~______... _____.__.__ ~__.______ ____________~_
.~.-.--_J... ._ . ___n~-.-----..---- __ _.____ .. ___.._____ _.__ _ ~ ____ _"._ _._ __..______ _... ___._ ,,___.__ ____________... ~_._"__~_~__.___._~._._ ~__~__.______,__ ___ _______..__._______._. _ ,._.____..
--------- -- --- - ---- ---~- ----- --------- - - - ~ - -~- -- ------- ~------~----------- - - --~---
~.....-----.-----.--- ._....;...... - .._"._____u --.-.----- -._.___.._ .__._ _________~________..____n____ _.. ________. _ .__ ._,______~__ ._____ _ '___' .___... __ __m_.___'_.'__ _____ _._____.__~____._"._
-~. -- - - ~ - --- - ------ -- --- - --.- --.-- _.._----_._-----_._--_._--~-_._- --~~-----~_._--._-- "-'----- .----.-.------.-- ---_..---- ----.------.---..--- ---------------
----.--.-.-------. -- --- ---.~--.--.---'--. ------- -'---.------"-"-..-. ..-------__ _n____._.___.____.____n_____.___ .__~_____. ___________._ __"_'_ _n. ___..~ ______._____._..______ _ __.___.________, ______
..__._...._.__._----,...-----------~_.._.._.__. ------ -----..-..-.. . ---------.- -- - -~----- - --- - -- - -- -- -~~ --- ---~~--- - - - ____ '"__n.
-..~-~ ---..--- - - -...-.--.------- _____.__._.___u_____.___,,_ _ ___ .._ u_ _.__. -------._..._-~.-_.__._- -- ---------------
"""'-._.._' __._w.___,.._____~__._ _ __.__,,__ _.... __ _n ._. .___. _. .-- ,,~.-.- ---.- __n._'._____. .---- __.___ ,_._ .__._..__ ,,__~___ n'__ ___ _.~_.__.--._--
101
~ Fll] Ifb..L ~ ~ C""ll'" i
. -n"",o.-"I",":eIO" ""!"I'I~I: '1" "I" 'I~ "1"'0" "I" "1"1" '1"1"1"1"1" .1.... ~.....;; .,...."..";;.....". "N" <" ." "1"1" "'".....
.. I ' .. ,.:... 'I"': I I " ., I,', I I , .
--r ' ' I I' .' ,.;r' [' 0 .'. '. ,!. i u ~ u u~ I ~.. . ~,
: "'l 1'1 : :d~! So.:!!iUl9:1 mo.>-~ I!! i:l~ :1:::1 j:l ': ;;:; Ol;;:! ~ '" ..J ~
~l I~I ~i! l~td~ ~ffi~~~ ~~g~~ .~~' ~g ~~~~~; iiJ~~:r: ii~~ ~ z ~ III i:< ~! ~
:.8;lw~ I~I! ~iiSl~ 1~:;H>~~g~~~~55 ~~ ~~~~5*~H~ ffi~L~"j"~i *.15 ~ iii~~ ~ p zi5~~ E
Jl UI~ ~ ~\~.I~I~ ~1~lh U Ii i U H H H i ~ H Ph U ~ ~ U i ~ ~in H U ~ iz U U ~ ~ ~! ~ g ! H U ~
" ~.' OUwOz. o.o~.Wz'.w w...,~ ..'~~U" "." Wz "~', ~~. ~." .O~B~ W
/ in IUBr UiBi~~U~~.HH~H ~ ~.~~Ph~~~~ HiU~. ~ hh id~.~. ~~~~'ill"~'~
L-L 0 t:I ... lII:: :I: II> lL ~ .. Z U t:I :..: :r:::o Ul <:5 III a --' -< ..; Z III Z III -' <;;; <II U U >-- U Q :I: Z III Q !i "s.... x ('J -. <Ii 0: .., :Jtl..!:!!liil4il:!
l:l~ '/"<i<i( " '.;;.'W' .
a:I -<:{$N """,C 0 'i;:.dlfi,.' L
"".J::riI ",Ori:J~e>rr f",,,,,l1 8IImf\~ ',.. ;',- 'r" ....'
, ~3"'N"~ 'I <$.ot""., II .~\
... ~ iT" 's>e.aN .' .
" 9il =='= all)~ 0........ ".
~,,~ l1iIt:t.OIV'fI)0 <'&~_ ,cc"' .
~v ,~~;" '......
~ ~ ~'
~3m'., "0 IV 81'13., ~ ~. '1f!!if!i!A ,;.... .. ."
1:"<< .'i;jl)r.t: .. ,,'j;::lB~ ....~....... ..,:::::; "
~ " " .... " :;/ .,'/
o .,;.:.. _.' '. . .. . .....
.. +X -~~ .....;=;::;:. .',
'1-, Y. "a'NWH" ~;" ~ ..,,~ ~ ,'.' .......
t&.R _ 0 :;::/....
. ':; ~.,." ""'V,,,q~81" N'31'Ffi;, ' , ~ ~ :;/ ,'. ' ,:/-.:
r-O::~ , ~ ~ ~ ".. ....,.
",&t5'.. ~~ ;/: il~ ":~ "
1,0' ~> Ii :::;. ..
",," . . ~ ., ""
,~.J:~ ,'. ~ ~- H.' '.":? : ~ ./\~ ~=~ .~ ~ _~
". ~Rk:fIEC'EU1RD.. ..' '" )}':/ 5. ~ ~ ~ ':;5': ...,'
~~~i:.:. ..." ')~N-'Fll w ~ '" ~ ~ ~ ~ ~ ','
""",,~, .... '. ,'0. r-\c :?l $" g- -:::: ::::; ;::;:
~"" ...o::~ .. ~ ~ )<",,, . D: / '] ,_ :::-: % .....
~...c:..'hi~- ~.If. '/; /'. /'. ---.. ....
~~41 \,,,.:r.;~ V' Jj ~ % 't ~ ;:: ~ ...
~ ~~ 0::;( -' N'~q'~N"',," '/:: ___/:;/ ---.. ..'
b~"C ~.. .. "C" ., . ~~0' ~;:: ~ ....
'en u ,.. C~ 0 f :;/ ;;:: ~. ....1...
~~Jif~~~t._~ l\ t.. .. ml :;/ ~:;// .eX ...........,...
1..''- \\\:\ \'W:- ~';i if J-!JI//f; ~ ::---.....-::; ..",
~," '~<\~"..0 ~ \ \\~ 1k ~~ :;/:;/ '.......:..
~ :\~~..~\\~~'t~ ~~~ '~q~- wil~~
(\\"\\ ~~i5:P ~L" "'';d>:''iJn:
'" 1M 0 /f;,~~," 'r:$J. H
N ~~\'?i \)0\("";1';0,, ~~O" J-~T ~, '/ :::-:
,:.; \ \Y-\: ",,;\€,-\-' -\\-z 51 ;/: /' /;/: il' , ..."
... _ s'~ iiJ ;;:: ;/: /:: Ii ~., ,,'
~OI!I'~~ t 0~ ;:: ffi ......... .
o;C:>2S ~~ ~t: if ~ ~ ~ ~. ~ ( J?
~~~i4!J'~/:'~\-\ ~ J' ~ ~~ ~~ ~ ~;;::;~~ f .. > ...;,.,
<i' ..,,", rfi',"" -;;.- ~ V"./' // OJ .....-:
~~b 0 K ,~\ $';.-;;/~ ;; ~ ~
~~-C:) "",,,/ ~ 1J .>~:;/ ~~ ..,i
----- ... '~?\T~ ill ~;.; ~ ..""
Il) v\ '" f! i!i ' '" ;:.- ~:/::.;;:.. .
~/;~~ '# :It > 'c <.. ~ ;;;
~,:~fu e; t ; 0: '" ;-,
-iC ~..............o:: ,J'~. ;Q.' . 1. & , ' '^>.' ~ < .
. 'I. ',.. \} ~'~''r h % . 2 ~ ? ::;/ "
}JJ '"' .~ . ;/7 "'j~". ~ ? 0:: '//'
~ ~:i"~\\' f' v..:; . ...~. .' ;::;:: ~ ~ ~ .
'!O. ~~'~~~~, :\:" ~ ~ ; ~ ~~~,
_ u ,~';:<. d;,;ch;,..) %' :;/ ,. .
. '. 'S"~:..'~/" "it'? \ c..l:::: ....> ?:: '\,; . ..' :;/ c:;, ...:.
:.O::~ .,0::' 0 '"'.. Z\-:: ..,". . 'l j':', .. ~ ~ : .'i/.....
~;:... h'tf .~. ...J:;; , ( -'<'. .' t/: . '. '.
" , ' : fl' . ..... . L;,~~:'
.~ ~ j '. ,',' "':' > .~Ai%:....
~ i ~ ~ ~""'; :.~::)..\:,.:,~ ", ........ ,. ." :.~.~.. '. . .....
D.. "tl 0 ~ , :::::::---~ ~ ....., . ". .. ",.:.':'
~ ~ ~ 0= DeL ~ 0 ~t\...[[~... ':" ,,>
, i i j ~ \ \17 ,~~t~:?"\: .' " '...,/<
U~ ~\ff r'J ~.'i.."";:>;.:.~~,.:;';'f\~;;/
r-- E- }?j . ..... ~
o lD ~.E ... if-')> \ l'~;.~~.:'/.:;..>:)::.:.'t:,. '. ;.~ ~ . ,"-
- >._~~ \ ~~ U '~'~12'V7~~i
am ~-' <l~ r:;~'" ~ ~ -,," )"
N ~ e ~~ ' ~ W'~'~'i'1~~')"" ~/ 'I'"~ r<f"'\. ~~^'"dl ~(.t 7>;>;P9)
0.( () t,/~..:~l~~~.!~>f~ ~ 'I '\ A _ J~ ~:~:::: //-.,. :_~i~}l::.i:;-:I
102
This page intentionally left blank.
103
I
~~ I
'~l
~
- ~
~ :
I 0
B
H
! ~
I
I-
Z
W
o :E z
<( a. <(
o g-l
tV W a.
- >~
~ Ww
01-
W 0 tJ'J
> w <(
- z:E
ct: z
<(
-I
a.
0"
~z
Ii S~
Hl U!i'
~ IN eM
"! ~:
~
::;S~
.'11
1;,1
z8,~
I:
l "'<>HJ.~ylSt"""\sO\"~~s;owou_'a
I liII.p"_"""fO"'S1l:~_sa....oo~
, ....J;!,Q .....O'O:~1 _'011<>1(1 -_
I
i
l
104
This page intentionally left blank.
105
~ ~ ~z ~
I ~< Z
~ ~~ -< >
'-L.o.... ~ ~
UJLU 0.... l
~ 6~ ~ I
~ V} ...i-
II ='
_ ~o
o ~1
~r i
~~ ~. I
5< ~ ~.A " :8 ~
0:5 L.U> .,~ ~ f J ~ ri :;
;~ _ <( _ 0 VI ~
g5 ~
~~ :;; I ;; ~ ~ I
01- UJ 41 '" j Z
Uz lL. ~:i ~ <( '"
I :x: 8~ LW CO; ~ is:S 1.:'
I- '!]~ rv n. I
C:@ ~~~ - <(
~g~ .~~~ U ~
~~; ~~~ I ~
~tt:.~ ~~~ ~ <0 ~! t;!
if~~ ~g:(ll ... ~ I :t i ~ ~ ~
z ... '" i= '" e 11' ~
g~2~~a~ ~
~H:h~ .
~~~~~~~ 0
g _ N .., " '" '" .... "'
u 0
o z ~
~ ~~ ~~
'< ~ 1;; ~Cl
g~ g1i~
~;;! e:~\G
<~ 5~~
~z O::iI
g [d~. ~ga.
.-------.- - ----1-------- :--0-"-- -:::g
j ~ IS t: ~
',,-.,.,/Iti: > I ::i:"
..'\ - i
.. ~ i
<: I ..(
LU I O:'@
u.. vlI
~ i~ ~~ ~
-< q ~~!
U !I ~. "~N
i I ~~ ~:~ ~
~! ~~ ~z_~~
! i . Z~O"
lii ~ tI:!IO ;;;!6a; ~
. 1 ~~ ~~ i!
I ~~ ~~ ~~~~
o H
"t
\
zoS'O"'b- -S!I~ d~
:::!;~ ^''''b- '~-E i~~
I ~ <S c:: i ~S:=
~ 3 !9 ~ ~.s: ~
3' \ I ~] 1~.;
~ 1\ ~-;3~S
>- "'\' " re~ll:!:1:
I- /, l: '" ~-f
u I 'I $'--7;:; I ;t .I .I - .. .. .. ::I :: II ~ ;r::
~ ! '.: 1'" I I I
i,' la: /1 ~ ......HO 1'1'"
:, .J"' ~ !iilillii ; I! j
,",*fl77 / IH{ 11111111I1 ! III !I !! h t l-
i " i~ ~ l I I ; ; Ii Ii nl I "'C l/') ~ ~
, ,~ C\l(J)~z ~
! ' &,,~ 'I !l ! !'! jlnll! I n Ii Ii Ii 1111I iI ill I ; I B ~.~ @ ~ ~ !
l! (j;:;;I\ ~" !. II. J! I. D y) _ If ~ :- 0.. Cl ~! ~
-. I I i ~ ~I In, li .."..,,,. 0 . 1 , . " ,n n (J) 0 @ ~ ~
i I! U'" 'I . >.....z::i: ~
lO .. nil i ':l Ii It ._ Z ..s
. i I i 111m! !. ! - o. on o. -..... 0.....>>.. k I ~o... ~ li
.,'
106
This page intentionally left blank.
107
~i a I ~~ M ~ Irl
I~ !.!~~I~l a..~
-.- , "011 " ,. r 1- o~
! 'h~I' !i H II,!. f3 ~ @
I;, I,! , !', .!. Ill-I' Q ~
"- II-I! 'l'i'lli-';!I,!,l ml!: > ~
< "!'I "i lit!!' 'I .!- l[ ...
" 8~..L ~~ ~s!'!" i:~iii ~'~I!~~ g ~ ~ i~
is , i'ii: '~oI' iil'!~' :1:,I'!h: ~.. 2' i.
<=
< , 9 !!I<,i!l,!!.!l!i'l!ll-;!I . '-S1 ~ j..
u
9 , 'n[i~llh!,I'!I~!h!h ,!ll!o ~ f3 ~ m
U " " ~~
"i} ~ w ~
~ 'i, , > ~
00 ~ CD ~ ~
<
I
~..~;~5~ ~~i:r'i: :i~!ii~!~i~ii~i~iii~ii~iii
1; :jmm1jij~:ij;jji211ij;;limmmm
j:~mm~mmmmmmmmmmm
i;~~~;;~~~~~~~i~;~aa~~~~~~;~~~~~~2~~a~~;:
~~!!!!!~!! ~~~!!! !!!!~! ~!~!!~!!!! 11!!! ~!~!
~ ~~~~~~~i~~a~ ~~ ~~~~~ii~a;~ ~~~~a~ ;~i~~
:mm!!!~l!mmmmmmmm
" ~a ~~~~~3~~;;~~~~~~~~; ~;i;
ii ~~~~~i;;;!~;!!~!!~!~;~l
~ ~ ~~~HnU~iil;Hil~:11!!!EH!Ui;~
>-
Z
<(
ll.
~
0
a()
..Jw ~
a ..J () 5
..J .z 0
..J(/)<( ()
.!:!:! er a: ~ ~
0:1-::) ~ . " ~" '" ! ~
WZCI) oj I ~ ~ :3 ~~ 8:;; ~
~ :J Z L s: II .. ~ ~ ~ u ~m ~ 1 !
~_m ~i ~E ~i~ I~~ i ! > j
,0::;- I,; ! 1000' ,
'" ~ w ;:: Cl ,!lo,'! &0. i;m 1i II 111:!! I j ;; 1;
mer ..J WZ ~. ~ . i;a~~ h h ha ~U ; ! ' !
~ <( 0 I- Z Ci ~ , I>-'V~~ .!1lI .j ,j il! i"' I Hl:i
cJl W a i= a. <5 G "" ::: I>-~ !i~u hh,~g,~n ! ii I
u. - J: !. "".
m 0 J: III ...... ~I ~ ~ ~ ~ ~ I!
.. 0 ~ Cl ~ "' '1 ...1
i=WZ ;::<. Z;\L : ,) !i
1! ll. <( C) 0 ~ ~:g~ ~ "
m <(..J<( I- a:.'.08 0 ~~ ~~~;' :::",e..
..J a s: u 0 W"8 "'", ",' '.._ :;-;~~., Iln , l! !! i I Q !
:! - a: >S'iE ~w 0 D" ~ . ~:g= I , I I
oo:>w:r oa:~~~~g ~~~ ~ ~rr~ 1m ! lili H ! . ! .
ii ii g i I i
~-Z() ~ci: :J. ..,~t ~ -.=:.. _"0" ~u~ ,
o UJ <w >-~~ u
:( ll. '0 "0 CIl Z ui~ Q I ~
I- Z c: c: <;:: ~~ 6 ~
;t z (\l al ::; 0 O:J D. ~
108
This page intentionally left blank.
109
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Regular Item #: 11.2 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Rezoning (Z-857, 11/06) - Request by Haden Stanziale for JH Land, LLC to Rezone Approximately 341 Acres in the
Community and Conservation Land Classification Located between Holly Shelter Road and N. College Road from
1-2 to R-15 Residential District, R-10 Residential and B-2 Commercial District
BRIEF SUMMARY:
The Planning Board voted 4-0 to recommend approval based on staff recommendation, with Superfund site not effective
until EPA concurrence is provided.
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:
~ ~
........
... . Z-S.~7-REVISED Staff Summa~'.dGlc Z-857-Petition Summary.doc
adjacent property owner map, applicant materials, and full size map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0, with the effective date for the parcel containing the superfund site to be delayed until EPA concurrence is
provided.
110
CASE: Z-857, 12/06;
PETITIONER: Haden Stanziale for JH Land, LLC
REQUEST: From 1-2 and R-15 to R-IO Residential and B-2 Commercial
District
ACREAGE: Approximately 341 Acres
LOCATION: Holly Shelter Road W. of 1-40
LAND CLASS: Community and Conservation
PLANNING BOARD ACTION
At its March 1,2007 meeting, the Planning Board voted 4-0 to recommend approval of the
rezoning as discussed and revised at the meeting. Maps showing the revised request will be
provided prior to the April commissioners meeting. Specifically, the R-15 designation will
be applied along the western section of the property (about 137 acres). R-IO will be shown
in the section south of the proposed B-2 (about 85 acres). The original B-2 requested area is
unchanged (120 acres). The effective date for the parcel containing the superfund site is
recommended to be delayed until EP A concurrence is provided, showing that the
remediation plan has been satisfactorily completed. Two members of the public asked
questions of the petitioner, but no member of the community spoke in favor of or against
the proposed change.
STAFF SUMMARY
The subject property is located on Holly Shelter Road west of 1-40 and extending southerly to a
connection point with N. College Road. There is no access direct to 1-40 at this location. Holly
Shelter Road is classified as a collector roadway with a Level of Service (LOS) C & D, meaning
traffic flow is high density but generally stable. N. College Road was identified in 2005 as Level
of Service E, meaning the roadway is operating at capacity.
The subject property is bordered to the north and west by R-15 Residential zoning along Holly
Shelter Road and Fulton Avenue in the Castle Hayne community. Industrial development is
present across N. College Road and 1-2 zoning wraps around the southwest border of the subject
property. The remainder of the southern border is abutted by R-15 and R-l 0 Residential
development. The R-10 is Prince George Estates, an older sub-division. A portion of the property
includes a chemical superfund site. To the east ofI-40, zoning is B-2.
The subject property is located within the Prince George Creek watershed drainage area and is
influenced by flood zone and protected wetland soils along the southern property boundary with
the creek.
Water and sewer are currently available in reasonable proximity to the site; however, a water
tower may be required and a regional lift station for sewer would likely be required. Sewage from
the site would be treated at the Northside Treatment facility. Currently, capacity at the facility is
limited and is being allocated in 15,000 gpd (approximately 41 sf homes) units. NHC Engineering
Department advises it is possible the project would not be allowed to connect to the District
system, even after design, permitting and construction, if flows through the Northside WWTF
111
plant reach maximum limits. The projected date of increased capacity available in the Northside
plant is 2009.
The County Board of Education has been negotiating with the petitioner to purchase a portion of
the site for a school. Also the County Parks and Recreation Department has been negotiating for a
public park site within the property.
Land Use Plan Considerations:
The 2006 Update ofthe Joint CAMA Plan describes the purpose of the Community class
as providing for a village type of development to help meet housing, shopping, employment and
public service needs within the more rural areas of the county. They are typically characterized by
small groupings of mixed land uses, such as community shopping, strip commercial, church,
school, and residences which provide low intensity retail service and housing opportunities.
Based on discussions with staff and the Planning Board, the petitioner proposes three
zoning changes. Approximately 120 acres adjacent to 1-40 is proposed for B-2 Highway
Commercial District, with about 85 acres of R-l 0 Residential proposed just south of the B-2 area.
The remaining 137 acres on the west side of the property is proposed for R-15 Residential
District. Commercial zoning around the 1-40 interchange is consistent with the current zoning on
the east side of the interchange. Overall, the request would reduce available land for heavy
industrial use in the unincorporated county by about 6.7% and increase commercial by about
16%. Residential acreage would be increased by about 1.5%.
Potential 1-2 R-I0 R-15
Performance Residential N/A 280 units 343 units
High Density (Not an option at this time because of Land Classification)
Traffic flow along Holly Shelter Road is currently able to absorb additional flow.
V olumes on both Holly Shelter and N. College Roads have increased only marginally since 2001.
A Traffic Impact Analysis will be required for subdivisions or special uses that exceed the traffic
threshold of 100 peak hour trips per day.
Staff Recommendation:
Staff supports the Planning Board recommendation and agrees in delaying the effective date for
conversion to residential use of the Superfund portion ofthe site [Parcel ROllOO-009-007-000
(52.94 acres)], until there is EPA concurrence that remedial action is complete.
If ultimately developed with the anticipated public school and park, the number of potential
housing units would be reduced significantly to about 280. However, even if the public land is
never acquired, staff believes the recommendation above would preserve the character of the
existing community while allowing the petitioner broad options for use of the land.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether the action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public
interest."
112
EXAMPLE:
The County Commissioners find that this request for zoning map amendment from 1-2 Heavy
Industrial and R-15 Residential to B-2 Highway Business; R-10 Residential District; and R-15
Residential District is (or is not):
1. Consistent with the purposes and intent of the Community land classification and the
associated land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to allow transition of acreage from industrial
zoning class to residential zoning classes with base densities of 3.3 units per acre and
2.5 units per acre, respectively, and highway commercial acreage in this location
within close proximity to 1-40.
113
Case: Z-857 (12/06)
Petition Summary Data
Owner/Petitioner: Haden Stanziale for JH Land, LLC
Existing Land Use: Vacant (1-2 and R-15) Requesting (221.5 ac. R-I0) and (119.7 ac. B-
2)
Zoning History: July 7, 1972 (Area 8A)
Land Classification: Community and Conservation
Water Type: Public
Sewer Type: Public
Recreation Area: Castle Hayne Park
Access & Traffic Volume: Access from Holly Shelter Road, LOS C&D, ADT 12,063
(4/05) from 12,000 (2001); 1-40 SHOD applies to B-2 part. Access
also from N. College Road, LOS E, ADT 8,483 (4/05) from 8,000
(200 I)
Fire District: Wrightsboro FD
Watershed & Water Quality Classification: Prince George Creek (C, SW)
Aquifer Recharge Area: Primary or secondary recharge area of principal aquifers
Conservation/Historic/Archaeological Resources: Small amount Class IV soils; Special
Flood Hazard Area (extreme southeast portion)
Soils: Be-Baymeade fine sand (II); Jo-Johnston (IV); Ke-Kenansville fine sand (II); Le-
Leon soil (III); Ly-Lynn Haven fine sand (III); Ls-Lynchburg fine sand (II); Mu Murville
fine sand (III); On Onslow loamy fine sand (II); Se-Seagate fine sand (II); St-Stallings
fine sand (II); Wr- Wrightsboro fine sandy loam (II)
Septic Suitability: Class IV (10) Unsuitable; Class II soils - Moderate limitation with
moderate modification and maintenance required; and Class III soils - Severe limitations
Schools: Wrightsboro Elementary
Other: Superfund Site
114
I J r- I lU I~" _ ~'!~
I~ ~ T . """ I'''. . ~ 0 I" 0 " ~ ~ ~ " · · N "I" " "i" " " "I" " " "1'1" · " · · · "!' 0 · .1" , " · " " " " · '. · "'I' · · " · · 'I' , · 'I" ,," I.~ .. ,;:
!. I I ! I i I ! I I I i
I Ii I I' I II I : I .~
I 'I I
I > I I
01 w< "." W
I" ~I~ I ~ z z ~ ~ ~ ~ I~ " ~ . ~ 0 z ~ z ~ ~ II L ~ 8
~ ~ ~ ~ ~ l~ ~ ~ ~ ; ~ ~ o:l~ ;;! UJ ill ~ i ~ ~ <! ~ ~ ~ <! ~ ~ ~ ~ '" w uJ ~ ~ ~ ;/
... ~ ~ w ~ hi cd I)- >- >- ~ w z lJ:J <:..> ~ w tl:; ~ :i ~ e:: '" ~:r: is fiJ tJ t:u ~ >- g: tu >- >- 5; :i::l (J:: w i= 0 >- ~ ffi ~
l,I,![ij 0: <:..> Z....IC:: W>-_ ...J",a:: u UULU 111 I- :r: t:; - Ow
~~~~8~~!~!~~....I~~~~~~ ~~~:r:~~i3~ ~~i~99~~ ~ I~ ~5~Hh~~ ~~~.~ ~~~~~~~ 0
@s~~~~~~~Q;;~~5~~~~~~~~~~~ffi~ ~~;Q~~i~?& fi: g lliffi~~~~~~~ ~~~~@ff ~~~ffi~~~
~ffio@g~a::ffiC::ffi~~lr~g;Q~og,oQz~ffia:: ~~~woo~~ ~ a:: ffi~,c::c::~""g ~~i~>-::l JJ@~GI~I
~~ffizoc~~z~I-~~ ZI I ZZ[",<ID~ w5~~ffiffi>c:: '" ~ 0 ~~~W >-z >- "'~~ 000:Z2>-
~~,,~~~I:I~~u~~~~J;hi~~@~~3 ~~HH~8 ~ ~ ~~~~~d~~ ~~h~9 88~~lgI8~
~",~~~jl~I-I-~~m~mrnoJII,c::c::~o~no~ ~mmGUU~~ I I- on:r:l-l-zn~a:: rn~~m~~ ~S~~ZO~
~ ..' \ 'c~ ~e,s;e,Q0" ~~?) ;.:::-::;:;.. iN/i;s
~ .... .... lD ..... ~Il;N ~
~\\.., ~ ."," ~ 'j(;~
. ~ '=-~i~ 4\~
-A~
- '''' -~ "';'1 1* ~
"''I"~~1 _, "~v U -l r>:
~ ~~AQ-~ I~ ~E
~v ~
~ a ~
~ ~o
@m -~~I./
'- ~7 l
: ro a:: ~a ON"',~" .,/,
~ 0'~
.
~! ~
f---I~ ~
~l.. :<i ;JU,{::{.;j,j],l ....Y
I~ :;~
g ..i;.;:iU
.: g-"[~v ~7 2
~ ~ ~j,
~~ /w
~ ~ "'-..
~ '" / -
~rJ.~ N ~ ~ ~Aii~ 7
~ 1rn~ ~ ~ ~ ;; :? ~ ~ ~0~';~i/(. .~
/1 1 1111 1m ~ f)"t ~~
'J~____ ~ V In ~
cllenFir~;rg -~~-"- - \ ~;;" ~~
~f-1-I /~ / j;;; ;:,,, _
! I Tlrl~~"i ~ \ U ll-
d: ~ ~ ~~;S---/ '7 'iG' II .~ ~.~""+'" / -
'" .<J! ()j 0.......,,]'\ L f;;',1;'" ~ --
~ i~~ oa ~ .;@~ ~
a:~ -gg'5N 0 ~~ ; .~_~
.s .. ~ ~).}!...". ~ _, -,,'" ~. .F'- tf'==3A..a'02
~ 'iij Gl .....:,. " _ U .,{;/,),'.'., /'.'/j..tF/. ~w~;!' I
.;:j ..J i:;." . 5 ~ '0,. if.;' ~
~! . .. ~ ;1j0,y....A ,.,
co ":' (I) ~ 1.1
o ~" ~
N g ~ 1\ ,tlD
: t~ .., 3Ti\.HiNI""AH.~I~ '\ I~ ~ /~
~ s.~ * IT ~ Yr ~ );~0nJhL-31.AI4;< / /;
N ~~ . A~~~ 'Z//[ ~ ~1;J!S~/l/; II
115
APPLICANT MATERIALS
116
WHAT YOU MUST ESTABLISH TO GET A CHANGE
ZONING OF PROPERTY
y ourintended use of property upon rezoning is completely irrelevant, except for conditional use district
proposals The North Caro\;na General Statutes require that zoning regulations shall be made ln3ccordance
with a comprehensive plan. Since amendments to zoning maps should also be based on a Land Use Plan, you
must explain in the space below how your request satis.fies each of the follo\\wg requirements
I I1owwould the requested change be consistent with the County's Policies for Growth and
DC'\"e1opment?
We believe that growth is expanding into the Northern portion of
the county and the ability to be proactive in promoting mixed use
development that will maximize benefits from available
infrastructure, preserve valuable natural resources and inclusion of
open space are in concert with the County's policies. In addition
this request would be beneficial in preserving the character of the
areas existing residential neighborhoods which abuts the site.
-
2. How would the requested zone change !xl consistent with the property'sdassificationon the Land Classi-
fication Map?
This tract is classified as "Community" with the intended purpose
of providing a crossroads type of development to help the housing,
shopping, employment and public service needs associated in the
surrounding area.
3. What significant neighborhood changes have oocurred to make the original zoning inappropriate, or how is
theland involved W1suitable tor theu ses permitted undertheecisting zoning 7
There have been extensive planning efforts in this area and the
Castle Hayne Commercial District. This existing zoning
designation seems to be isolated from the more contiguous 1-2
property to the Northeast. Furthermore, the 1-2 use promotes
excessive noise, smoke, and other objectionable characteristics
which are detrimental to the health, safety, and welfare of the
surrounding neighborhoods.
In signing this petition, I understand that the existing zoning map is presumed to be correct and that I
have the bUIden of proving why a change isin the public interest. I further understand the singling
out of one parcel ofbnd for special zoning treatment unrelated to County policies and the surrounding
neighborhood would probably be illegal. I certify that all information presented' this application:s
accura1e to the best ofmyknowledge. infonnatiotl, .
117
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Regular Item #: 11.3 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Modify Site Plan (Z-831, 2006, Modification, 3/07) - Request by State Employees Credit Union to Amend the
Approved Site Plan in a CD(B-1) Zoning District to Reposition Building and Amend Interconnectivity
BRIEF SUMMARY:
The Planning Board voted 4-0 to recommend approval.
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:
~ ~
Z -831-R EYI SED 2007 Staff Summary. doc Z -831 Petition Summary. doc
adjacent property owner map, original Special Use Permit #Z-831, applicant materials, and full size site plans
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0, removing condition 1 and keeping conditions 2 and 3 on page 118.
118
CASE: Z-831, 03/06; Modification 3/07
PETITIONER: State Employees Credit Union
REQUEST: Adjust building on site plan; clarify conditions relating to
preservation of wetlands and interconnectivity
ACREAGE: 8.72
LOCATION: 5830 Carolina Beach Road and 535 Sanders Road
LAND CLASS: Transition -the purpose of this land class is to provide for
"continued 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 policies requiring optimum efficiency in
land utilization and public service delivery."
HISTORY:
At its April 3, 2006 meeting, the New Hanover County Commissioners approved a
petition to rezone 8.72 acres of property located at 5830 Carolina Beach Road and 535 Sanders
Road from R-15 Residential and B-2 Highway Business District to B-1 Neighborhood Business
Conditional Use District. Specifically, the site plan located a State Employees Credit Union on
the site. Further development of the site was to be submitted for review at a later date.
Upon the recommendation of the Planning Board, the Commissioners placed the
following conditions on the conditional use rezoning:
1. provide interconnectivity to the Mott's Landing subdivision to the north ofthe
property,
2. preserve the wetlands and COD area,
3. participate in the costs of the required traffic improvements to Sanders Road and
the Carolina Beach Road intersection according to a Traffic Impact Analysis
(TIA).
The tract is bisected with a Pocosin wetland community. The contours in this area show
an 8-foot change in elevation draining into a larger wetland and a small pond on the property
abutting it to the north. However, the area does not qualify for protection under the provisions of
the COD because it is not underlain with Class IV soils.
Abutting property on the north side is Bowen's Chapel. Also, an adjoining development
to the north is Mott's Landing, a 654-unit subdivision with clustered housing. About 283 of those
units will be townhomes located more or less directly above the proposed Credit Union building.
The overall subdivision is under construction now and a new road connection has been made to
Sanders Road in the vicinity of Bellamy School. Additional access for Motts Landing is along
River Road and another access is on Carolina Beach Road.
Further west along Sanders Road, another residential development, Willow Glen at Beau
Rivage, has been constructed.
The property on the southwest corner, across Sanders Road, is now zoned CD(B-l) and
the Beau Rivage Marketplace is under construction as well as residential townhomes just south of
that project.
Primary access to the State Employees Credit Union will be from Sanders Road instead
of Carolina Beach Road.
Subsequent to the approval of this project, concerns about the cumulative traffic impact
caused the County to insist that all the projects participate in required improvements at the
intersection of Sanders Road and Carolina Beach Road. Those parties are still working out the
details of that arrangement with NCDOT.
119
PLANNING BOARD ACTION
At its March 1,2007 meeting, the planning board voted 4-0 to recommend the proposed
modifications to the site plan, shifting the location of the building as long as it stays within
the required minimum setbacks and removing the condition requiring connectivity to the
Village at Mott's Landing.
STAFF SUMMARY:
As the SECU has moved forward with its actual building design and driveway permits,
there was a desire to shift the building in order to add a drive aisle at the rear of the building. It
also became apparent that the interconnectivity on the approved plan would not be adequate to
meet the road standards of the county or the NCDOT. Further discussion in light of the complex
improvements now required along Sanders Road in front of the site raised questions about the
safety and effectiveness of the required interconnectivity as approved. These issues are beyond
the scope of administrative approval, therefore, the applicant brings the following requests for
modification to the approved site plan:
1. Approve a shift of the building setbacks (formerly exceeding the requirements of
the ordinance) so long as the minimum requirements of the ordinance are met.
2. Delete the requirement for interconnectivity to Motts Landing Subdivision
because of safety and logistical concerns in proximity to the Sanders
Road/Carolina Beach Road lane additions and intersection improvements.
Because the project was approved without full site plans for the entire site, securing answers to
these questions will also be beneficial to the applicant in designing future plans for additional
development.
STAFF RECOMMENDATION:
Staff agrees that as long as the minimum setbacks and buffers are maintained as required
under the general standards of the ordinance, allowing the building to shift outside the approved
footprint would be consistent with the ordinance.
Although staff strongly supports the County's policy for street interconnectivity, the idea
of commercial driveways or parking lots serving as connecting streets is not adequate or
appropriate to accommodate residential interconnectivity. NCDOT has confirmed that
connectivity at this location creates conflicts with the new street improvements required at the
intersection, and staff concurs with DOT's finding that connectivity through the SECU site
should be dropped and found to be an unsafe option not in the public's interest.
FINDINGS OF FACT FOR THE PROPOSED MODIFICATION
1. The board must find that the proposed modification 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 modified site plan will place the credit union building in a position that better facilitates
circulation of cars through the drive-thru lanes.
B. According to NCDOT, the required interconnectivity to Mott's Landing subdivision will
conflict with required road improvements at the intersection of Sanders Road and Carolina
Beach Road; therefore, removing that condition will enhance safety.
C. The Village at Mott's Landing subdivision (for which interconnectivity was required) has
been designed with road access to River Road, Sanders Road and Carolina Beach Road;
therefore, ample connectivity exists without the driveway through the credit union site.
2. The Board must find that the modification site plan meets all required
120
conditions and specifications of the zoning ordinance.
A. The site is located in a B-1 (CD) Neighborhood Conditional Use Zoning District.
B. A credit union is an allowed use in a B-1 (CD) Neighborhood Conditional Use Zoning
District.
C. The proposed modification to the site plan meets the minimum requirements of the zoning
ordinance for parking, setbacks, buffers, and landscaping.
D. The original interconnectivity as shown on the site plan did not meet the county's standard
for interconnectivity; therefore, removing the condition enhances the project's compliance
with the zoning ordinance.
3. The Board must find that the modification will not substantially injure the value
of adjoining or abutting property or that the use is a public necessity.
A. No evidence has been presented that the proposed use will injure the value of adjoining or
abutting property.
4. The Board must find that the location and character of the use if modified 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 Village at Mott's Landing subdivision (for which interconnectivity was required) has
been designed with road access to River Road, Sanders Road and Carolina Beach Road;
therefore, removing the requirement for interconnectivity through the credit union site will
not alter the character of the area and will be in full conformity with the land use plan
ACTION NEEDED:
(Choose one)
1. Motion to Grant the modification to the site plan special use permit (with or
without recommended conditions)
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to Deny based on specific negative findings relating to the proposed
modification in any of the 4 categories above, such as lack of consistency
with adopted plans or determination that the project will pose public
hazards or will not adequately meet requirements of the ordinance.
121
Case: Z-831, 03/06; Modification 3/07
Petition Summary Data
Owner/Petitioner: State Employees Credit Union
Existing Land Use: vacant
Zoning History: April 7, 1971 (#4); CD(B-l); 3/06
Land Classification: Transition
Water Type: County
Sewer Type: County
Recreation Area: Arrowwood Park
Access & Traffic Volume: Sanders Road: ADT 6,119 (4105) compared to 4,300
(2003) +42%; Carolina Beach Rd.: ADT 37,797 (4/05)
compared to 38,000 (2003) - Y2 %
Fire District: Myrtle Grove FD
Watershed & Water Quality Classification: Motts Creek (SW)
Aquifer Recharge Area: Primary Recharge Area of Principle Aquifers
ConservationlHistoric/ Archaeological Resources: None
Soils: Kureb Sand and a small portion in the COD Class III-Lynn Haven
Septic Suitability: Class I and Class III; Slight to Severe Limitations
Schools: Bellamy Elementary
122
~
~
i
~
z
~
~.
i
j~~~
~, QIIJ~
;~~i1
'" '"
o ..-c~~ ~ ~
"... /.f ~___~
~:; ~
~ I r
-Madnnl-a3aNve~
It)
...
~
\
u
~
~ "'
~ ~ I
~.2 ~ ~ ~
~~ ~ ~ &1
~i ~,g"a N
g ~ ~ :"":R'l ~ Ii::
<> g!, .... ..t;:;j f"
Cl 0 '"
..... :S a. !Z
<:).!!! E "
M.ll~ ~ 0:
<:) BE 8 ~ ~
..:g'? 4t- ~ ! g;
~ '" C:, ::>
~ ].~ . . i ~
CIO:Co.. ~ V,)
N. 00.
:Eo<
123
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For a State Employees Credit Union (Bank) in a CD (B-1)
Conditional Use Highway Business District
Z-831, 02/06
The County Commissioners for New Hanover County having held a public hearing on April 3, 2006 to
consider application number Z-83 1 submitted by J.c. Hearne for the State Employees Credit Union to
permit a bank limited uses in a Conditional Use Highway Business District located at 535 Sanders Road
on the North side and having heard all of the evidence and arguments presented at the hearing, make the
following FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 72-27 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:
A. The subject property is located within the Myrtle Grove VFD.
B. Public water and sewer will serve the site.
C. The subject property is not located in a 1 DO-year floodplain.
D. Access to the site is from Sanders Road.
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:
A. The site is located in a CD (B-1) Neighborhood Conditional Use Zoning District.
B. A credit union is an allowed use in a CD (B-1) Neighborhood Conditional Use Zoning District.
C. The site plan shall meet the requirements ofthe zoning ordinance.
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 or 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:
A. No evidence has b.een presented that the proposed use will injure the value of adjoining or
abutting property.
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 development for New Hanover County.
In suppOli of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The New Hanover County Comprehensive Plan classifies the site as Limited Transition.
124
B. Surrounding land uses include a residential development of284 units directly to the north of the
property, CD (B-1) directly across Sanders Road and south of the property.
6. Therefore, because the County Commissioners conclude that all of the general specific conditions
precedent to the 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. Provide interconnectivity to the Mott's Landing subdivision to the nOlth of the propelty.
B. Preserve the wetlands and COD area.
C. Fmticipate in the costs of the required traffic improvements to Sanders Road and the Carolina
Beach Road intersection according to a Traffic Impact Analysis (TIA).
Ordered this 3rd day of April 2006. ~A~
-
Robert G. Greer, Chairman
~~\t- \.. ~~~u-\\
Sheila L. Schult, Clerk to the Board
125
APPLICANT MATERIALS
126
Uses and Develooment Reauirements: Within a Conditional Use District, no use is allowed except by Special Use
Permit. The permit may specifY additional conditions and requirements, which represent greater restrictions on development and
use of the tract than the corresponding General Use District regulations. or other limitations on land which may be regulated by
state law or local ordinance. Such conditions and requirements shall !!!!!.specifY ownership status, race, religion, character or
other exclusionary characteristic of occupant, shall be objective, specific and detailed to the extent necessary to accomplish their
purpose, and shall relate rationally to making the permit compatible with the New Hanover County Land Use Plan, the
requirements for a Special Use Permit and other pertinent requirements of the Zoning Ordinance, and to securing the public
health, safety, morals, and welfare.
WHAT YOU MUST ESTABLISH
FOR A CHANGE OF ZONING
Conditional Use District Zoning is established to address situations where a particular land use would be consistent with the
New Hanover County Land Use Plan and the Zoning Ordinance objective but for which none of the general zoning
classifications which would allow that use are acceptable. You must explain in the space below how your request satisfies each
of the following requirements: (attach additional sheets if necessary)
1. How would the requested cIuuige be consistent with the County's Policies for Growth and Development?
The property has been rezoned to B-1 Conditional Use District per Rezoning
Case Z-831, 03/06. This application request a modification to the original
approval.
2. How would the requested zone change be consistent with the property's classification on the Land Classification
Map?
The property has been rezoned to B-1 Conditional Use District per Rezondab.g
Case Z-831, 03/06. This application request a modification to the original
approval.
3. What significant neighborbood changes have occurred to make the original zoning inappropriate, or how is the land
involved unsuitable for the uses permitted under the existing zoning?
The property has been rezoned to B-1 Conditional Use District per Rezoning
Case Z-831, 03/06. This application request a modification to the original
approval.
4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s).
The property has been rezoned to B-1 Conditional Use District per Rezoning
Case Z-831, 03/06. This application request a modification to the original
approval.
Page 2 of4
CUD 11106
127
WHAT YOU MUST ESTABLISH
FOR A SPF:c.J AT, TJSF: PF:RMTT
Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zonin~ Ordinance
explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements: (Attac additional
imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should
pages if necessary). Note: The modification includes minor site plan changes which are discussed below. The modification
also requests that Condition No.1 be removed from the original approval. Condition No.1 requires interconnectivity to Mott's
Landing Subdivision. The request to remove condition No. 1 is discussed on the additional attached Page 3 of 4.
General Requirement #1
The Board must find "that the use will not materially endan~er the public health or safety if located where proposed and
developed according to the plan as submitted and approved.
It has been determined through the original approval that the approved site plan and use will not materially endanger
the public health or safety. The site plan modification requests approval to recalculate the building setbacks adjacent
to the residentially zoned property using the building roof midpoint height in lieu of using the total roof height as used
for the original approval. The building height I roof midpoint height can be used to calculate the required building
setbacks when abutting residentially zpned prOJ>erty in accordance with Table 69.11 in Article VI on Page 26 of the
New Hanover County Zoning Ordinance. When abutting residentially zoned property, half of the building setback
shall be a planted buffer. Recalculating the building setbacks using the roof midpoint height will allow additional area
on the site to improve the overall site traffic circulation pattern and the drive up teller traffic circulation pattern. The
additional area on the site was also used to shift the entire site plan to the west, which locates the westem site
driveway further away from the intersection of Sanders Road and Carolina Beach Road. Shifting the site plan to the
west also increased the separation between the two (2) proposed driveways shown on the site plan. Based on
preliminary comments received from NC DOT, the eastem driveway was also reconfigured to improve the traffic
circulation pattem and access to the State Employees' Credit Union site and Lot No.2 as shown on the site plan.
General Requirement #2
The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance.
The site plan and use as requested to be modified will meet the conditions and specifications of the New
Hanover County Zoning Ordinance.
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."
The site plan and use as requested to be modified will provide the required building setbacks and buffers in
accordance with the New Hanover County Zoning Ordinance and will not injure the value of adjoining or abutting
property. A bank is a public necessity as originally approved.
General Requirement #4
The Board must find "that the location and character of the use if develoned accordinl! to the Dlan as submitted and aDnroved will
be in harmonv with the area in which it is to be located and in I!eneral conformitv with the Dlan of develoDment for New Hanover
County."
The site plan and use as requested to be modified will be in harmony with the area and in conformity with the plan of
development for New Hanover County as originally approved. The site plan and use is in keeping with other new
development in the area.
Page 3 of4
CUD 11/06
128
WHAT YOU MUST ESTABLISH
FOR A SPRCTAT, TTSR PRRMTT
Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zonin~ Ordinance
explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements: (Attac additional
imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should
~ages if necessary).
eneral Requirement #1
The Board must find "that the use will not materially endanger the public health or safety iflocated where proposed and
developed according to the plan as submitted and approved.
A Traffic Impact Analysis (TIA) was completed by Ramey Kemp & Associates, Inc. (RKA) in July 2006. This
TIA was reviewed by the North Carolina Department of Transportation (NCDOT) and the results of this study
indicate the project will have some impact on the intersection of US 421 and Sanders Road, however, this
impact will be mitigated by the widening of Sanders Road currently planned by the developer of the Beau
Rivage retail development and po~ibly others. The State Employees Credit Union (SECU) is currently in
discussions with the NCDOT to provide additional widening beyond what was recommended in the TIA (and
what is being provided by the Beau Rivage development and others) to allow for northbound dual left turn lanes
on US 421. -
Sanders Road will be widened to provide turn lanes at the SECU driveways to minimize congestion and
potential traffic conflicts. These improvements will be reviewed -and approved by the NCDOT and are expected
General Requirement #2
The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance.
Although interconnectivity is typically a vital part for good traffic flow, it is not always a benefit to the traveling
public, environment, or property owners. In this case, interconnectivity to the property to the north will very likely
create a significant amount of traffic through the SECU parking lot and create a significant amount of traffic at
the Sanders Road intersection, which is located fairly close to US 421. Discussions with the NCDOT have
resulted in the elimination of interconnectivity to the property to the north. The adjoining property to the north has
other connections to Sanders Road and providing interconnectivity to this property would encourage a significant
amount of .cut-through" traffic to Sanders Road for its access to the signal of US 421.
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."
The adjoining properties to the north and west are vacant, however are expected to become residential
development at some point in the near future. The property to the south across Sanders Road is currently under
construction and will be a retail development. The SECU should be a benefit if located in this area because it will
provide residents and visitors with an opportunity to bank without having to travel significant distances, thus
reducing congestion in other parts of the area.
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."
The SECU, if approved, will be located essentially across the street from a large retail development and in the area
of residential development. The SECU is expected to compliment these types of adjacent land uses, potentially
capturing traffic between the two.
Page 3 of 4
CUD 11/06
129
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Regular Item #: 11.4 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Modify Special Use Permit (5-118, Modification, 3/07) - Request by Ogden-New Hanover County Volunteer EMS to
Amend an Existing Special Use Permit to Add One New Building to the Existing Facility in the 4500 Block of
Carolina Beach Road
BRIEF SUMMARY:
The Planning Board voted 4-0 to recommend approval.
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:
~ ~
S -118-M od 2007 Staff Summary. doc S -118 Mod Petition Summary. doc
adjacent property map, original Special Use Permit #118 and approved site plan, applicant materials, and proposed site
plan (11 x17)
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
130
CASE: S-118, 12/07; Modification 3/07
PETITIONER: Ogden-New Hanover Volunteer EMS
REQUEST: Add building on site plan
ACREAGE: 12.5 ac.
LOCATION: 4500 block Carolina Beach Road
LAND CLASS: Urban and Conservation
HISTORY:
In December of 1979, the New Hanover County Commissioners approved a special
use permit for expansion of the Volunteer Rescue Squad in this location. In 1981 a
modification to the site plan was approved. At this time, County EMS is requesting another
modification to add a 10,000 sq. ft. building for storage of disaster response vehicles.
The subject property is located at 4550 Carolina Beach Rd, near Echo Farms and
also near the intersection of St. Andrews Drive. The land classification is urban on the high
portion of the property and conservation in the special flood hazard area.
Access is from Carolina Beach Road, a divided 4-lane arterial with traffic flow level
of service (LOS) E, meaning the roadway operates at capacity.
The property is bounded on the north by Echo Farms subdivision and golf course
and the high voltage power line in the run of Barnards Creek; on the west by the Linden
Ridge subdivision; and on the south by the Loyal Order of Moose.
The subject property is dominated by wet soils and flood hazard area. This
proposed addition will generally exhaust development potential.
PLANNING BOARD ACTION
At its March 1, 2007 meeting, the planning board voted 4-0 to recommend positive findings
for modifying this special use permit. The applicant will adjust the site plan to move the
building about 10 feet prior to the County Commissioners meeting in order to preserve
significant trees on the site. No one from the public spoke in favor of or against the
proposed additional building.
STAFF PRELIMINARY FINDINGS
1. The board must find that the modified 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 subject property is located within the Myrtle Grove Fire District.
B. The storage facility will be located on the rear ofthe property.
C. A large percentage of the subject property is located in a 100-year floodplain, but the
addition is proposed outside such areas.
D. Access to the site is from Carolina Beach Road, a 4-lane divided arterial with median
crossing at the ambulance entrance.
2. The Board must find that the modified use meets all required conditions and
specifications of the zoning ordinance.
A. The site is located in an R-15 Residential Zoning District. A Special Use Permit was
issued in 1979 and further modified in 1981 for a rescue ambulance station in this
location.
B. All development standards ofthe ordinance must be followed. No additional conditions
are outlined for these facilities.
131
3. The Board must find that the modified use will not substantially injure the value
of adjoining or abutting property or that the use is a public necessity.
A. EMS projects exist in other residential districts in New Hanover County.
B. No evidence has been presented that the proposed use will injure the value of adjoining
or abutting property values.
C. Emergency services are an essential public safety necessity.
4. The Board must find that the location and character of the use if modified 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 high ground as Urban. The
purpose of the Urban land classification is to provide for continued intensive
development.
B. The 2006 Land Use Plan Update recognizes that citizens and visitors depend upon the
government to protect their lives and property during storms or other hazardous events.
ACTION NEEDED:
(Choose one)
1. Motion to Grant the special use permit (with or without recommended
conditions)
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to Deny based on specific negative findings in any of the 4 categories
above, such as lack of consistency with adopted plans or determination that
the project will pose public hazards or will not adequately meet
requirements of the ordinance.
132
Case: 8-118, 12/79; Modification 3/07
Petition Summary Data
OwnerlPetitioner: Ogden-New Hanover EMS
Existing Land Use: EMS Facility
Zoning History: April 7, 1971 (Area 4)
Land Classification: Urban & Conservation
Water Type: Public
Sewer Type: Public
Recreation Area: Halyburton Park
Access & Traffic Volume: Arterial-Carolina Beach Rd. ADT 32,705 (4/05) vs.
25,000 (2001) +31%
LOS: E- At capacity
Fire District: Myrtle Grove
Watershed & Water Quality Classification: Barnards Creek (C, SW)
Aquifer Recharge Area: Primary or secondary recharge area of principle aquifers
(combined Castle Hayne and PeeDee aquifers)
ConservationlHistoric/ Archaeological Resources: Flood hazard; swamp forest
Soils: Cr-; JO-Johnston soils (IV) Craven fine sandy loam (III)
Septic Suitability: Class III - Severe limitations; Class IV - Unsuitable
Schools: Williams Elementary
133
Ulll
U ~ I
{~ .~ ~ I II
~~ ~ i3 I '
~ 0 . I
~ ~ ~ ~ i I I
... C Q ! I...J I ...J
's] ! ell a i 1>= g ~ 0 :::
1.....1 0 --l z <( Z 0
r-- ..... ~ :'i 1>- ~ ~" is I z ~:;!
o GI g ...Jt<1lfi<;(=>~ II) <~~1iJ
M H ~a ~~,,~~ ~~a~i ~~",\'l~
0_ ~ ~ g 5 ~ H H ~ ~ ~ H w ~ I.. ;i <( ~ ~ ~
~ ~~ A ~ ~~~~~~~\~~~i5Uill;)j~~i5g
'"" "'~ <T"- "~P~~d::!!fb~ ~~zlli~~
;;; II ,~ h ~ ~ ~ H ,8 ~ ~ h ~ h h H
",: :>~~<~~.:,"~~~',.~. L::':; .",. ::':':<y:;:.~,:,::;::/':'::"- no
134
SPECiAL USE ] l~jUnT
NEW HANOVER ~OUNTY
Permit No. _~Ui__
Application No. -SU=TIg:-c-O:12-79
Zone
-If-l ~
A Special Use Permit is hereby granted by the Board of County COQmissioners
after consideration by the Wilmington~New Hanover Planniag Commission to
~
Frank L. ~alker, Jr. Chief
to use the la~d loc~ted at 45S0 Cal 01 il,a Deacl, Rd.
for Emerqency Facil it.v. ____ _._____
based on the following conditions:
-
l. Plan as submitted and approved with the application
for Special Use Permit.
2. That the Special Use Permit shall comply with all
other supplemental regulatlons and requlrements
lmposed by the zonln-g ordlnance or any other ~""--~-
r:ederal, State, or local ordlnance.
--- -
.-----
_._--~--'----
This Special Use Permit shall be subject to the conditions 1 j_~, led above and
the Zoning Ordinance of New Hanover County. If any of the conditions so specified
or any part thereof shaLf be held void or invalid, or if ilny such cOllditio~s are
not complied with, this 'Special Use Permit sholl be void ond of no effecl. :Che
Special Use Permit is authorization for the Building Inspector to issue a building
permit for the use listed above. ,.
-, /!~ (V ,,/) l t
~ /. <~ . _-=-'(j,,-- C -i. g~!:2:..-_-:-2:~
Chairman of County Commissioners
---121/ (' I;; f ------
/ Date
-
-
135
--~..
,
.. I I
~ "-
I
'" I I
, IT I
~I I
\ ctl i
1-<1 I
DEDICATED BUILl)tl-JG SITt. 1&.'7' X 2501 t I
/'1. -:-.Jl
q ~i \
~ Q 'l~
.rTrTr'J'Tr-;.':,..r~-I~~'~ .. __ _. _ Q: I 61 I
" /' </&. I'M> '<: 1
. ~, ~ 1'-."
1- . ).: . .......,
. N ~; .. I ~t ....
. (,- NEW BUilDING- k.. ((x/FROM ~ ;":I.QI.
:t\ RKI ~ -.. I.r.
!;>",Fari 40'X 50' '" (D ~
STATE R/W ~ /'. -' .
~ ! 't-- . C\J ...~ .
~I'" v \J I
-. . ! . I <""~ '
t-- ~ <. >-,
~ 0~ ~. I~
~ '~I
<:~lJ.J ~ :Jj
<Ii 0 '< J ''<
f( ~ ~ :J I ~~1
,......1 '
I . . \
o I~oN . '.J/PES @ ~~_~J . Q) i-li'j
DRivE VVA Y l,p!
. ~ 0U@@ (!j @ "~ ~ i ~I
'- . < I ~
-" ~ . J
~" 1--1 "..I~L
,,-1- .. j
$~ .
Il;: {;
QIJ;: I.:
~ ~ i
R RE0{)/JE 0f:URD d I
o L ..) ~ ':. I . I .
'< . I
D WILMINGTON- NEW HANOVER
I
I., PLANNING COMMISSIOl\J.
SPECIAL USE PERMIT IN COUNTY
FOR - EMERGENCY SERVICE FACILITY
CO. -.
RESIDENTIAL PROPOSED LOCATION f22J
OFFICE B INSTIT. DATE 12 -10- 79 N
COMMERCIAL 5CALE-I"= 50' w~/ E
INDUSTRIAL DRAWN BY-cl/lg r
RECREATION CA5E NO.- 5
-
136
-
............ '-
--..... .l \..'
r , .. ~. .
.. . .
.~ ",r
~: . .... I'" .~ "';: .
. . . ./'.
. . l \ . ;
.' . <: . ''''.';:'. .
; ~ l'
OEDiCAit:D BUIlD\fJ(;, SITE lb~' X 250' \ ...
. #\ . '" ~I': I
., ." r. .' . ". ..'( . '.'
. ~., .
.. (). '.... : ..
,_' · 2So' \C 1, -; ..1 ~.: ,;.'
.~ " ... t '...
'. . . f'h ,
'" , '-<t" ,
... . ~ . .... ,;", .'}';
~ $. . :.' .::?:: ..::.
N ~:""lh~'~:-
.. . .:) ( ,l"
: . NEW:" BUlL DING ?c- fCOt FROfY\. ~, . ~i "".>:, '''I ~l.' ~,.;.
f:.pv)f1oN 40'X 50' . 1 ~.. . 'rH: ,J ...., '.
n':y.J)/J/' : STRTER/Vv' ~ ";":;'
A~ ).. t' '5., .
...{......1.;;....:O . CONC, CONe. .... (Y1..
~ lq'l 1 Pill> PAD : ! ~ ,<.
~ ..~.. .~. 1
(\J'J . .
. .. I
. .
", - ~...
. .
",' ~ '
. . "
., .. <, . iliJ .~ .@ . : ..,.. .
o I{<oN ~p,-s FOUNO ON LIN_ DRI\. E VYA Y .... <) I f)} :
@@~@\$~ @ ~~T.~~: . 'l~l 1
. . ' . -<
~ J:: .I)'..;,I..J..:
~ ~ .." .....t "'f" ..
. ~.I s.e^. -.1... 1-1".... " r::.(. ,
r:; y I ~ I.,J } lJ .. . .. . i. ..' .
3 In; f'iAN ~ :......: l. . . . ;
R RESCUE. gQURD "=JJ ..\ L:
D WILMINGTON- NEW HANOVER
.1
" PLANNING COMMISSION
SPECIAL USE PERMIT IN COUNTY
FOR - EMERGENCY SERVICE FACILITY
CO. RESfDENT~" PROPOSED LOCATION ~
DATE-12 -10- 79 N
OFFICE B INSTIT SCALE-I"= 50' +
COMMERCIAL DRhWN BY- W / E
, .. INDUSTRIAL c\ Ilg
CAS;:; NO.-
RECREATION S
-.- ... _.~
137
APPLICANT MATERIALS
138
Complete petitions and all supplementary information must be accepted by the Planning Department twenty (20)
working days before the Planning Board meeting to allow adequate time for processing and advertisement as
required by the North Carolina General Statutes.
Planning Board meetings are held on the first Thursday of each month at 5:30PM in the Commissioner's Assembly
Room at the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina.
Applications for single-family dwellings, including mobile homes, on individual lots must be accepted by the
Planning Department twenty (20) working days before the regularly scheduled Commissioners meeting. Applications
for single-family dwellings on individual lots do not require planning board review.
What You Must Establish For A
Special Use Permit
Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 7 I. The Zoning
Ordinance imposes the following General'Requirements on the use requested by the applicant. Under each requirement, the
applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these
requirements: (Attach additional pages if necessary)
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."
See Attacaed narrative
General Requirement #2
The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance".
See attached narrative
Page 2 of3
~TTP 1 1/()";
139
General Requirement #3
The Board must find "that the use will not substantially i~ure the value of adjoining or abutting property or that the use is a
public necessity."
See Attached narrative
General Requirement #4
The Board must find "that the locatjon 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."
See attached narrative
The Zoning Ordinance in some instances also imposes additional specific requirements on the use requested
by the applicant. The applicant should be prepared to demonstrate that the proposed use would comply with each
specific requirement found in section 72, additional restrictions imposed on certain special uses (as applicable).
He/She should also demonstrate that the land would be used in a manner consistent with the plans and policies of
New Hanover County. The Board of Commissioners may impose additional conditions and restrictions that they
deem appropriate prior to the issuing of the Special Use Permit. I certify that this application is complete and that
all of the information presented in this application is accurate to the best of my knowledge, information, and belief.
j\{~{,-{1t,€ ( V, Nave-
Print Name .
Page 3 of3
SUP 11/06
140
OGDEN · NEW HANOVER
VOLUNTEER
EMERGENCY MEDICAL SERVICES, INC.
251 MILITARY CUTOFF ROAD · WilMINGTON, NC 28405
STATION 1-791-8173 · FAX-791-8113
Request for Special Use Permit
For
Ogden-New Hanover Volunteer EMS
Ogden-New Hanover Volunteer EMS is the current corporate name for what used
to be Ogden-New Hanover Rescue Squad, Inc. & the separate organizations of Ogden
Rescue Squad & New Hanover Rescue Squad prior to a merger in 1985.
-
This organization owns parcels R07000-006-005-000 & R07000-006-006-000
totaling 12.5 acres in the 4500blk of Carolina Beach Road. This property is bordered on
the north by large electric power lines along a Progressive Energy easement & further by
the Echo Farms neighborhood; on the south by the Moose Lodge; on the east by Carolina
Beach Rd; and on the west by undeveloped property. The property is zoned R-15. In
December, 1979 Special Use Permit #118 was issued for this property for the latest
addition to the currently existing building on these parcels. This building is used as an
ambulance base station for New Hanover Regional EMS.
This request for an additional Special Use permit is to allow construction of an
approximately 10,000 sq. ft. building to serve as a storage facility for numerous disaster
response vehicles owned/maintained by New Hanover Regional Medical Center. These
vehicles include a 58-foot tractor trailer, one of eight across North CarOlina, which
becomes a field hospital and was recently featured in numerous media outlets, a
Command Bus, and several trailers used as part of the North Carolina State Medical
Assistance Team. These vehicles & equipment are not used on a daily basis - they are
deployed in the event of a catastrophic event in New Hanover County, the surrounding
region or throughout North Carolina. This facility will also include a large temperature-
controlled storage area for such items as medications and vaccinations. Currently these
vehicles are placed at numerous locations across the county with many being stored
outside, exposed to the elements and under less security than is desired. This facility
would allow all of these resources to be brought together in a central, secure location.
The proposed structure will not cause any additional noise, lighting, or traffic
issues beyond those currently existing with the EMS station. The equipment stored in the
structure will only be entering/exiting Carolina Beach Road on a very infrequent basis for
disaster response & training missions.
141
OGDEN · NEW HANOVER
VOLUNTEER
EMERGENCY MEDICAL SERVICES, INC.
251 MILITARY CUTOFF ROAD · WilMINGTON, NC 28405
STATION 1 - 791-8173 · FAX - 791-8113
As noted above and visible on aerial photos, the only adjacent property owner
anywhere close to the proposed structure is the Moose Lodge to the south. A significant
wooded buffer is planned between the properties. No injury to the value of this adjacent
property is expected. It also can be argued that this project is for the public good.
This proposed structure represents a continued successful partnership between the
applicant and New Hanover Regional Medical Center. The proposed structure will
improve the emerge!1cy and disaster response capabilities of the agencies required and
expected to serve New Hanover County in the event of a catastrophe involving the health
and safety of its citizens. It is hoped that the Planning Board will quickly and
overwhelmingly approve this Special Use Permit to allow for the quickest possible
completion of this project.
Submitted February 1,2007
Michael J. Nave, Chief
Ogden-New Hanover Volunteer EMS
142
.--------- _..-.....""''''''''''''~..1P.1l.__. It.. L _J.,U.. I~....\~~~..
L
OGDEN ~ NEI."i HANOVEM .~.~.~~~
--~..::::~~~~-
VOLUNTEER ~~.~ r. ~~.~
. '*'liSq~'
EMERGENCY MEDICAL SERVICES; he_ S,~<~t;;
.'-"~~
25 ~ \'.:L':.l\RY CvTO~F ROA.8 ~ ~;V'~~J1;'JGTO\j~ :'JC 28'::)5 "..<~~~~
.........----.-.- '.'-.---...-. ..-...----- ---.-
STA;lO~ ~ -791-8173 ... ;:.4X.-79~-g-:~3
November 28,2006 cZp~ :J
New Hanover County Planning Commission Q~~
Re: Spccial Use Pennit #118 ~
Issue Date 12/10n9
Commission Members:
Our organization, Ogden-New Hanover Volunteer Emergency Medical Services,
formerly known as Ogden-New Hanover Vol. Rescue Squad, is preparing to construct an
85 ft. by 125 ft. building behind our existing facility at 4550 Carolina Deach. This facilit\
currently houses ambulances and other vehicles owned and operated by New Hanover
Regional Emergency Medical Services.
The facility to be constructed will house specialty equipment for New Hanover Regional
State Medical Assistance Teams, which are deployed in the event of mass casualty or
natural disaster situations. Ogden-New Hanover Volunteer EMS has volunteers which arc
a part of these teams. This equipment would include, but not be limited to a 53 ft. field
hospital trailer, a phannacy truck, a medica} trailer, a decontamination equipment traik~r_
a command bus and other related equipment and supplies should a major catastrophic
event occur in New Hanover, surrounding counties or anywhere in North Carolina. (3)
way of example these teams were deployed to help with, the victims of Hurricane Katrina,
At the present time, the various apparatus are housed in various rental locations
throughout the county. With the likelihood that catastrophic events can occur at any tiull'
and Ollr nation's heightened security, we along with New Hanover Regional Medical
Center felt that working in conjunction with one another would be beneficial to have all
of this equipment in one centralized location for deployment.
In December of 1979, a special use permit was issued for the property. We would like to
have this permit, #118, revised to include our current project. We are anxious to begin
construction ofthis new facility immediately. We would ask that the planning
commission review and approve our request, as new equipment is scheduled to anive
early in the New Yeae, and needs a place to be housed.
Thank you for your consideration.
Cynthia C. Session! Assistant Chief
Ogden-New Hanover Vol. EMS
143
J3ADUIH -N _Kt9t16 xu ~~ atR:>>l'ltU.:9IlmsD",JDlIOd
P"OO1l ~ qo.re::> Y:XillHJllV '113:N3:ll~ )lllVW
>A JaAOtreg .MaN-~O --..-----..-.....-....
-....---- ---..., --
..
..->a,rnv.
l
-----------------------------------------------
Ii! I _.........~<JaI<.. I I
j
Ii;. .
------------------------------------------~----
~ !1n -_.~._- I I ><I__.......a
Ii! ~
M .._.., ~::
""
l ....
,
,ill
--------~Iii""..~_,;,;;.:Er-
i!i1_"_- I I IIi!
ij' ______________________________~=~~_ ![i
il! I --"-- II ~ii ~
i!l _.~.. '!1
------------+----------------------------------
l iill I
,
...,OQ_'" ,
!II / ~,~
:j
----
-- II~
~;;;
- II' 'I
to
-----------------------------------------------
I i
---- ----------------------------------------------- -- ill I i I II I!
.11 I ' I' i II
IjiPl1 I
I III', i
I! iii ii! 1111
---. ~I ~ l! l!I!l!
_.. ~n__ ;::._J ~~':^'1S
:z
:5
0-
W
. . : ~"
!ill -,
.m :EH
'"
------ M"
.,.. ...
---- -----------------------------------------------
---- ----------.------------------------------------ --.-
---
144
This page intentionally left blank.
145
=-===:-~F=-==== '\ 1
::1\\ I
!! \ \ !
~ \ \,""'~ ! =:.=.
i\ \""" ~:~. ~- ~
:\ \ ", ",
:1 " ~< '
l \ \ ~ ''-'"'' """" =::=.
> '-'c'-"---\- i " """'"'
i \\ \\ """"-F::::~'----'-t\ '
I \ \ l '. : '-<I!:~.
~.IIl\.~__I-' \ I l ~ ~
:~~= \ \ \ r '~:::~~~:~\
i i===: Si'; : ~,
\ -t"25~I59 \ 1\ \ ~ 3 ; l","~1" /
\ \ i ui: ~ ~ \oC ~;~~~ ,/
Ii \\II=>r:l 1(
I : \ .., ! ! '../1
t \ \ \ ! ' !I
l~ I \ '\ 1 if f
i~ : \ \ ! (: ':
i'~: I I ,: \ i ~.:;:';,~ ii \,
I I I I' ......."",h...o : llIll(lll!l~U~ J/ )
lllLJ I J LOU' I 'a.... I, llIl305llfUI : l/ ~/
,1-' I I I \ \ : /~'/'~
81~: : : \ \ \ i ,/ /'
,~l I I I', \: / !
Ilf) 1 1 I I 1 \: I /
j I I I: \: :' ('!
,I I_CCWlJOl I 1\,: ! \/
t J..." ~~l-Ld.--.......--l.J,...J-1-.....,: ,..._J."______.....,.._______________OKM_-----Ll------- -- ----
I --_.~--
i ==-~
_~_______________________~----C~~U~~H~~--------------~---
-------
----"'''''- ,--
;;~~--= r:=
-......-
LOCATION. TOP'OGRArHIC ~UR,Ve( roR Ol!(';6,lllCttol-.2~
I DANFORD =- NEW HANOVER VOLUNTEER RESCUE SQUAD, INC. ~ o I~ '" ~
& BRISTOW ___~ lOT II 41"AR:l" 01" LOT 10 ~ C. BIDDLE Dflll5\ON ,
I.AHD--.p.c. _..._ Wll.lMtG'lOllTCWwll5ttl~ _~COlNJ'I'.~.c. .-.---...
146
This page intentionally left blank.
147
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Regular Item #: 11.5 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Special Use Permit (5-574,3/07) - Request by Withers and Ravenel for Whiskey Creek Overlook, LLC to Locate a 7-
Slip Community Boating Facility in the Waters of Whiskey Creek in an R-15 Residential District at Whiskey Creek
Overlook Subdivision Located at 231 Trail's End Road
BRIEF SUMMARY:
The Planning Board voted 4-0 to recommend approval.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners approve, approve with conditions, or deny the Special Use Permit.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
Iiit:::.:
S-574-Staff Summary.doc S-574 Petition Summary.doc
adjacent property owner map, applicant materials, and site plan (11 x17)
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
148
SPECIAL USE PERMIT
S-574, 3/07: Community Boating Facility (7 slips)
Request By: Withers & Ravenel for Whiskey Creek Overlook, LLC
Location: 231,235,239 Trail's End Road
Acres: 2.93
PLANNING BOARD ACTION
At its March 1, 2007 meeting, the planning board voted 4-0 to recommend approval of
the special use permit based on positive findings and the following additional conditions:
a. Deed restrictions or restrictive covenants should conveyed in the chain of title on
the 7 proposed lots in the proposed subdivision stating that no individual
docks/piers will be allowed.
b. Boat slips should be positioned outside the channel width at low tide in order to
allow for safe navigation by upstream residents.
c. No overhead lighting should be installed.
d. Private pedestrian access easement, as proposed from the street right of way to
the dock for use by the residents of the subdivision, should be required.
e. Slips are approved for the use and enjoyment of the owners oflots 1 thru 7 in the
associated subdivision and may not be sold, leased or rented to others.
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 subject property is located within the Myrtle Grove Fire District.
B. A private well will serve the dock facility.
C. A small percentage of the subject property is located in a 100-year floodplain.
D. Access to the site is from Trail's End Road offMasonboro Loop Road.
2. The Board must find that the use meets all required conditions and specifications of the
zoning ordinance.
A. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows a
community boating facility in an R-15 Residential District.
B. The property has an existing dock that needs rehabilitation, which would require minimal
environmental impacts.
C. The site will not need any off-street parking, because it is close enough to the proposed
residential lots it will serve.
D. The proposed community boating facility has seven (7) boat slips with lifts to serve seven (7)
proposed residential lots, which falls within the maximum ratio of 1: 1.
E. A pedestrian easement will be provided and conferred to each owner for access to the
community boating facility.
F. No commercial activities are allowed by the county ordinance and none are proposed for the
facility.
149
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 New Hanover County.
B. No evidence has been presented that the proposed use will injure the value of adjoining or
abutting property values.
4. The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover
County.
B. The New Hanover County Comprehensive Plan classifies the pier site as Conservation.
C. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust
waters.
D. The entire creek bank is surrounded by brackish marsh and a 75' COD setback has been
identified on the plan. Whiskey Creek has a significant fluctuation in water body width and a
severely limited channel width at low tide, making pier projects on individual residential lots
complicated.
E. Surrounding land uses include single-family housing, some with docks and piers.
Staff Comments: Staff supports the Planning Board recommendation.
ACTION NEEDED:
(Choose one)
1. Motion to Grant the special use permit (with or without recommended
conditions)
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to Deny based on specific negative findings in any of the 4 categories
above, such as lack of consistency with adopted plans or determination that
the project will pose public hazards or will not adequately meet
requirements of the ordinance.
150
Case: 8-574,3/07
Petition Summary Data
Owner/Petitioner: Whiskey Creek Overlook, LLC by Withers & Ravenel
Existing Land Use: Vacant
Zoning History: October 15, 1969
Land Classification: Watershed Resource Protection/Conservation
Water Type: Well
Sewer Type: County
Recreation Area: Public Trust waters of Whiskey Creek and Myrtle Grove Sound
Access & Traffic Volume: Trails End Rd to Masonboro Loop Road; ADT on
Masonboro Loop Rd. @ Whiskey Creek = 13,466 (4/05)
LOS: Not given for Trails End Rd.; Masonboro Loop Rd = F
Fire District: Myrtle Grove FD
Watershed & Water Quality Classification: Whiskey Creek (SA)
Aquifer Recharge Area: Primary or Secondary
ConservationlHistoric/ Archaeological Resources: Salt Brackish Marsh
Soils: W A - Wakulla and Le - Leon
Septic Suitability: W A = Class I1Suitable; Le = Class III/Severe Limitations
Schools: Parsley Elementary
151
?
.~
LL
0)
.:
fti c
0 ~
Ol "-
~ '"
._ ""Cli 0
S.:,c:Gi i 0
egi OJ
~j~ ~
1'00 "0",,
o .Eii I!!
C;; i!~
o :~i~ -
..; ::)-!i:!3: w ~
1'00 ;;;.-.."+"
~ .~~~~ ~ ~;
UJ :.2~2. ~ ~
. . ..
152
APPLICANT MATERIALS
153
Complete petitions and all supplementary information must be accepted by the Planning Department twenty (20)
working days before the Planning Board meeting to allow adequate time for processing and advertisement as
required by the North Carolina General Statutes.
Planning Board meetings are held on the first Thursday of each month at 5:30PM in the Commissioner's Assembly
Room at the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina.
Applications for single-family dwellings, including mobile homes, on individual lots must be accepted by the
- Planning Department twenty (20) working days before the regularly scheduled Commissioners meeting. Applications
for single-family dwellings on individual lots do not require planning board review.
What You Must Establish For A
SDecial Use Permit
-
Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning
Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the
applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these _
requirements: (Attach additional pages if necessary)
General Requirement #1
The Board must find "that the use will not materially endanger the public health or safety iflocated where proposed and
developed according to the plan as submitted and approved."
-
The subject site is located within the Myrtle Grove Fire District. A private well will serve the dock facility. A small
percentage ofthe subject property is located in a Special Flood Hazard Area. Access to the site is from Trails End Road', off
Masonboro Loop Road.
-
General Requirement #2 .
The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance".
The site is located in an R-15 District. A community boating facility is perinitted by Special Use Permit. The property has an
existing dock that needs rehabilitation, which would require minimal environmental impacts. The facility will not need off-
street parking, because the residential lots associated with the slips are within walking distance via a pedestrian access
easement that will be conferred to each lot owner. No commercial activities are proposed for the facility.
Page 2 of3
SUP 11/06
154
General Requirement #3
The Board must find "that the use will not substantially injure the value of acljoining or abutting property or that the use is a
public necessity."
Similar type projects exist in other residential districts in New Hanover County. Recent increases in market value of homes
adjacent to these other facilities suggest that there is no evidence that the proposed boating facility will injure the v.alue of
adjoining or abutting properties.
Geneml 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."
-
The New Hanover County Comprehensive Plan identifies the site as Resource Protection. The purpose of this classification is tc
provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The CAMi
Land Use Plan encourages recreational access to estuarine and pl!.blic trust waters. There are multiple docks and piers along the
Whiskey Creek waterbody.
The Zoning Ordinance in some instances also imposes additional specific requirements on the use requested by the
applicant. The applicant should be prepared to demonstrate that the proposed use would comply with each specific
requirement found in section 72, additional restrictions imposed on certain special uses (as applicable). He/She should
also demonstrate that the land would be used in a manner consistent with the plans and policies of New Hanover
County. The Board of Commissioners may impose additional conditions and restrictions that they deem appropriate
prior to the issuing ofthe Special Use Permit. I certify that this application is complete and that all of the information
presented in this application is accurate to the best of my knowledge,illformation, and belief.
e of Petitioner and/or Pro
~ - ~~
.~
c...~~ WO\-.\.
Print Name
Page 3 of3
SUP 11/0
155
Project Narrative for
Whiskey Creek Overlook
Community Boating Facility
The proposed project is a "performance residential" subdivision of existing tracts
located between Trails End Road and Whiskey Creek. Seven (7) lots will be
created around a short cul-de-sac road.
~
Two(2) of the proposed lots could potentially request permit for individual docks,
which would accommodate multiple slips. A single dock exists out into Whiskey
Creek, but is in need or repair and rehabilitation. The Special Use Permit petition
requests approval of a "community boating facility" for all seven (7) lots, as
outlined by the Ordinance. The conditions proposed are:
. No cOl1Jmercial activities would be allowed within the facility.
. No overhead lighting would be installed. Any lighting for safety and
security purposes would be post-mounted, and directed downward.
. A private pedestrian access easement would be provided from the
street right-of-way to the docks for use by all owners within the
subdivision. A 6' pedestrian access easement will also be provided
along the entire waterfront boundary.
. Any waterfront properties would relinquish their right to build individual
docks.
The 2006 CAMA Land Use Plan encourages providing access to the estuarine
and public trust waters for recreation purposes. The substitution of a community
boating facility, for use by all of the property owners, instead of individual docks
for only the waterfront residences, will be a better overall benefit to the project,
and minimize the potentially greater environmental impacts.
There are multiple docks along Whiskey Creek. The owners have tried to work
with the other water users to come up with an agreeable proposal. Although
floating docks are usually preferable to the regular boater, this project proposes
fixed docks. This avoids the chance of the docks sitting on marsh bottom during
particularly low tides, and is more environmentally sensitive. Fixed dock decking
allows the sunlight to pierce through to the aquatic vegetation beneath.
All CAMA regulations will have to be met for construction permitting. Technical
standards, such as hurricane measures, are regulated by building code.
~
156
This page intentionally left blank.
157
o
] 6
oj i!
c> .:l
~;" , · , j/. I
' j :~~! ] 1 o! ~
~'". ~ ,,~. i 1'. S!,,,
.. 'h. " l ']. .. ~ . L- I ~
'If l, " ; · h: ]- " 0 III ~
''I '000 · - ". u, , <3 $
. ., ,.. <, ,", . '> -
}~~ in ~'" .. ,~!, 'c, '5
!" · """!".~, · " 0
." · -= c · <,. <~ . j/. ~ Il-
i,l ~ "~~~ ! ~ 'B, 3 . III 0
it J" ~"'''"0 f- N ~.,; \ ~ ft\:I::5
.. .., " ~'8
o ". . U'.
ct ~""g'" . , ~
;!' ~= '~= I :>.~ ~
~Oj ~Il( EE 8 ~ i Ill! 3
'" L'" 0 <Il "- < j/., E
n." t lIl.c
8. .- ~ 0
~ -C 6 u
lL :I~
~ ~
t~
~~.~ ft'
'<(j?;-~ ~cr-
· ".0. L 60
.!l ai 0 ....I ~
~ ci >-..\!N
o ~u
I- LZ
U
" ~
c c
C .!;.3
\\l -c Ol
\J O'l.!;
5'<tE
1Q 0:::
~p:
:i _
:: g
~ 6':
Q ~~3"lt
'Olf Z LL:JlB
~..c:6': 6 Ui
u.. &~"'t ::: ci
:Zbtl'l;! 3:
r: -:
III
ci
n: '"
~6~
zEcr
... ~ b
!'" ,.. EN
!!! Z iii E;;;:
l LNCQ
LL ~ 0
:z1li8 ~
b'8:
r:lll
[)
-
::=------
158
This page intentionally left blank.
159
\ \
\ \ ~
\ \ \ "
\ \ \ \
\ ~~~ ?
\ \ \
\ \ ~~~ g -q
\ \ \
\ \ ~
oo"'~ ~> m
\ \ /'z,'" -;;t z 0 ..:
\ .~ NO N r..:> 0 0 ~~ @)
\ .N i= 0
\ ~
\ r . -I ~ lJJ<
\ ~ (j<
\ \ '" S~
I u
. I I :5 a::" 0"'
- \ \ I 0:: 0 ~ ~ ~~1~
I I w z :2: ~ t;u;:; ~
\ -<
\ I CL ~ N ~~ H~~ ;
\ ~
\ \ I ~ r='~ 0 n: ;
\ I w 0 C( ~ ;;H~
X ~
\ I lJJ"
c;: 8g ::>~
\ I 0,
\ --' ~8:: 2:
\ I _0 q J!:
~
Wo- ~ I u
ZW CL
Z'" I
",0- I I '::L \ "- >-
I'"
u:> I " f-
I \U ' I "-
\:,&\ I "-
I "-
"
I 0' I 0 ~g "-
I 'r \ I 0-", '- --
'" 0"
~ VON
\ \U' I c. Wu
\ '::L\ I o U~ Z --
Z ~[L
W ~ W
I ill I Z~
1-' I ~ ~-~ 5
I -:L \ I :;;:;: wa..U1
0:: n::: ~ iX
>- "',-
~ I S. I IO ---------~
~ \ \ \ ~u:: n "' :>
\ zw N
_ <r \ \ ~i2
13 ~ \ ,<:-,\c~ v
'" U"l
i5 ~ ~t2. I \ <'I 81?J>,8.\P,
f" "Vi :;;,0:) \ 'C-- \{\ J --- C~\O~
~ -~ 6~ \ \ -~~ \- t", tl.\\>l'tl.\/'J'l __-
8 ~ ~r:: g~ ~ I ~~ g
G::ifi Z l55 Z"- \ u? \
~8 ~ ~~ "'0- ,l]_%_.sl
I'" \
u:< - .I
e& ~ 1--1 \
~2~~g 0
(L (f) G:::l ~I-' \ OS ./
~~ ~ ~Q I :< - / <:
>- / / ,
l--lfl - (f)~ \ '" I I
25 ~ ~~ \ - ---//
~t:1 ~ ~~ --~ ---
\ -~
:~ ~ 238 g~\
i!9 ~ 3~ ~ li \ z
"'15 ~ f"1'! Q~ )F/\
Q ~lJ I: ~l:S 5 >-z D
0' N n / [L t:jo
z~ / "-0
_oc.( [L
c.J 0 ZW
_VO
CL '"
r 'jffi
I '" -<vo .['
/ c.J uz x(0)
so. \ ZO VOo
I, 0, N f"
'"
>-1 , ~ 0",
Z So
.....' ~I f'J , 0
\ c . . . WI .q-~ ': 0'0
so ~ ','.'. ~I ~;:j CYcy
/, c', , c', . . lLI 0'>0
..... ~ ~~ ,
~ 0/, \ ,',', 't31 _N
,'tJ)','::.i1 zw
/r-> 1
0 '\ ,'~'. '2:les ,
0 . ,
~ ,'f5'. '~!iw 0J
0 wo- txa:::)-LO
,), ZW
l.)~ ~~ z"- <'>'~'BS f- OOmQ..
-I "- \ "'0- 0 [LLL "-
~~ I'" . . ,0/_ o _CD
SJ ~ --J ~Oc', u:< ...... .0) :I --' n-::Z:::'::O
./ I <0 0 ~:38~
::,:: \ \" : w wo.........JO
Cl (f) ~<(~d
::::; Cl l() \ 0
--J Cl l <.\1 CL Z20~
0 Q:: '<j- SO", \ --,---- 0 s:Oy::>
~f-CO \ / Il: oCt::w<l
lli ()Q::C',J ~~ ~ r\ I CL ILL w~
::,:: :::, (j ~/ ~~5~
~ ~ / 0 1-"-y::/-U1
>- lcJCl< ' J: <!.{ L~?\f m OI~Wet:
fl.>- lcJl.) u:> / -_ 1....<.,- _.1 ::::.::: W
~ _. f- Q:: iJ) - 1 I~ ----- '_ mcri Olf):r
a:: J::< .n", .ZI'::::::
Q:: iJ):::, l.)()~ (Q 1,1"'5 &- R~ ~<lSS
:::, () ~Cl >-l.)f- Cl 1 1 z,,- 0
<<0- "-
iJ) l.)'" lcJqoCl I I / I I <:( OCr: Z
u:> W
l.) >- Cl < i7il.)~ C',J / ~EL --
>-Q:::::J
i: ~ Cl~Cl ~O)~ I - --
Q ~iO~ - --- ----/
'" Q::ClQ:: -
Cl '"
Q:: CI) en <,l.) /
Cl <'" Q /
Cl -
Q:: ~ ()1:2: lcJ ~ /
~ lJJ$Q:: ~
"'lcJCl '" ~ --<:. ~
1: ~<< Cl a
~
160
This page intentionally left blank.
161
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Regular Item #: 11.6 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Special Use Permit (5-575, 3/07) - Request by Withers and Ravenel for Roland Tilden to locate High Density
Residential Development of 50 Units in the Urban land Classification in an R-15 Residential Zoning District at 4900
and 4916 S. College Road
BRIEF SUMMARY:
The Planning Board voted 4-0 to recommend approval.
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:
~ ~
Iiit:::.:
S-575-Staff Summary.doc S-575 Petition Summary.doc
adjacent property owner map, TRC letter, applicant materials, color photos, and full size site plans
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
162
SPECIAL USE PERMIT
8-575,3/07: High Density Residential Development (50 units)
Request By: Withers & Ravenel for Roland Tilden, III
Location: 4916 S. College Road
Acres: 5.48 acres
PLANNING BOARD ACTION
At its March 1, 2007 meeting, the planning board voted 4-0 to recommend approval of
the special use permit, subject to positive findings and the following conditions:
1. The site plan must clarify the acreage of open space.
2. Since City water will be utilized, City technical specs may need to be incorporated
into the plan.
3. Fire hydrants will need to utilize National Standard thread.
Preliminary Staff Findings
1. The board must find that the use will not materially endanger the public health or
safety ifIocated where proposed and developed according to the plan as submitted and
approved.
A. The subject property is located within the Myrtle Grove Fire District.
B. City water and county sewer will serve the site.
C. None of the subject property is located in a 100-year floodplain, and no other conservation
resources are present.
D. Traffic level of service on S. College Road is F, meaning traffic counts exceed the capacity of
the roadway. Turning lanes are already in place for the entrance to Myrtle Grove Village
(Prior Dr.). A recent Traffic Impact Analysis estimates that the proposed additional units will
add a 1.4 second A.M. delay and a 2.5 second P.M. delay to the existing delay for vehicles
exiting the property.
E. No additional roadway improvements were recommended by the Traffic Impact Analysis,
2. The Board must find that the use meets all required conditions and specifications of the
zoning ordinance.
A. The site is located in an R-15 Residential Zoning District. High density development (up to
10.2 units per net acre) may be allowed by Special Use Permit under certain conditions in an
R-15 Residential District.
B. Access to the site is through Prior Drive off S. College Road, a 4-lane divided arterial.
C. The New Hanover County Comprehensive Plan classifies the area as Urban.
D. The proposal limits development to 50 residential rental units.
E. Phases I and II of Myrtle Grove Village (70 rental units) are located within the City of
Wilmington's jurisdiction. All internal property boundaries wi II be abandoned and tracts
recombined into a single parcel, consolidating Myrtle Grove Village.
F. Off-street parking as proposed will meet the requirements of the ordinance.
G. A storm water detention pond has been planned for the site and will meet the standards of the
county ordinance.
163
H. Total impervious surface is proposed at 39.9%. The ordinance allows up to 40%.
I. Total open space is proposed at 60.1 %. The ordinance requires 35%.
J. Improved recreational space is proposed at 17.8%, The ordinance requires 15%.
K. Vegetative buffers will be installed adjacent to the existing residential properties.
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. Phases I and II of Myrtle Grove Village are fully developed with no diminution of value to
the area.
B. No evidence has been presented at the time of writing that the proposed use will injure the
value of adjoining or abutting property values.
4. The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover
County.
A. The 2006 Joint Land Use Plan encourages higher density development to be located in urban
areas where public services are already in place.
B. Surrounding land uses include multi-family, commercial and limited single-family
development.
Staff Comments:
Staff supports the Planning Board recommendation.
ACTION NEEDED:
(Choose one)
1. Motion to Grant the special use permit (with or without recommended
conditions)
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to Deny based on specific negative findings in any of the 4 categories
above, such as lack of consistency with adopted plans or determination that
the project will pose public hazards or will not adequately meet
requirements of the ordinance.
164
Case: S-575, 3/07
Petition Summary Data
OwnerIPetitioner: Roland Tilden, III by Withers & Ravenel
Existing Land Use: Vacant and Residential
Zoning History: Masonboro (Oct. 15, 1969)
Land Classification: Urban
Water Type: City
Sewer Type: County
Recreation Area: Myrtle Grove Park; Halyburton Park
Access & Traffic Volume: Arterial S. College Road (via Prior Drive) ADT 33,479
(4/05) versus ADT 24,000 (2001) +39.5%
LOS: F - Exceeds capacity
Fire District: Myrtle Grove VFD
Watershed & Water Quality Classification: Motts Creek (C, SW)
Aquifer Recharge Area: Primary recharge area of principle aquifers( combined
Castle Hayne and PeeDee aquifers - confined artesian)
ConservationlHistoric/Archaeological Resources: None
Soils: Le-Leon soil; Mu-Murville fine sand
Septic Suitability: Class III - Severe limitations
Schools: Pine Valley Elementary
165
CIl ~ g:~-i cp
~ ... :>." -'r> UI
(i" ~ 2"Krg.D>> -..-a
:~ m ~~gi 9'
~ 5~~; ~
:I"::t!!: -.
"-.3 0
(j; cg. ff ""'-I
"c",
j,l'''-
~.. r- :> :>
. . CD < !!.ce.
. . " -"
. . CQ :> '< ."
CD !!. co
<C '" :> ~.
-. 0 c.
S 8- -<
~ ~
D =>
;;:
'Z
~
166
(""" /".'-
. . /'
.. "..'.') 75
........",,;. _/
New Hanover County
Planning Department
. County Annex:: Building
230 Marketplace Drive, Suite 150
Chris O'Keefe Wilmington, N C 28403
P 910.798.7165
Planning Director F 910.798.7053
February 8, 2007
Ms. Cindee Wolf
Withers & Ravenel
7040 Wrightsville Avenue, Suite 101
Wilmington, NC 28403
Re: Myrtle Grove Village~Phase 3 (High Density Development)
-
Dear Ms. Wolf:
In regular session on February 7,2007, the County's Technical Review
Committee (TRC) approved the preliminary site plan for Myrtle Grove Village: 3 for a
total of 50 units as displayed on your site plan design. Please note that site plan approval
for the project is valid for a period of two years and will require approval of a Special
Use Permit through the County's Planning Board and Board of County Commissioners.
The vote by the TRC was 3-0 and comes with the following requirement(s):
1) The site plan must clarify the acreage of open space.
2) Since City water will be utilized, City technical specs may need to be
incorporated into the plan.
3) Fire hydrants will need to utilize National Standard thread.
Attending the meeting were TRC Chairman David Adams (Planning Board), Sam
Burgess (Planning staff), Tom Sosebee (County Fire Services), and Jim Iannucci (County
Engineering). Also attending were Jane Daughtridge & Bobby Harris (Planning staff),
Holt Moore and Sharon Huffman(County Legal), Russ Maynard (developer for the
project), and you,
Myrtle Grove Village: 3 will be valid as a preliminary site plan for two years. If a
final plat for all or a portion of the project is not submitted within the 24 month time
frame, the plan must be resubmitted as a new preliminary plan in accordance with the
Subdivision Regulations. Otherwise, the preliminary approval shall become void. A one
year extension to the site plan may be requested through the TRC prior to the expiration
of the plan.
In the future, this project may be served by County sewer. However, due to the
limited capacity of the County's wastewater treatment facilities, sewer capacity may not
167
Wolf Letter 2.
exist. DEHNR wastewater sewer construction and operations permits and/or final plat
approval of sections may be withheld, if in the opinion of the County Engineer, adequate
sewer capacity does not exist. Please note that all other local, State, and Federal
regulations will be applicable to Myrtle Grove Village: 3.
As you may know, final plat approval for all or a portion of Myrtle Grove Village:
3 can not be obtained until construction plan drawings are submitted and approved by
County Engineering staff. No significant trees were located on the project's Tree Survey.
Please share this information with your client. Please also remit 5 full size paper
copies of the plan based on the above requirements for TRC Chairman signature. Contact
me if you have questions. I;may be reached at (910) 798-7441.
cc: Planning Board members Sincerely,
Ann Hines, Zoning (map) 5.a. 6t.V'1~,tl
Jim Iannucci, Engineering (map)
Matt Davis, Fire Services (map) S.A. Burgess
Mike Kozlosky, City/Co MPO Principal Dev. Planner
Beth Easley-Wetherill, Engineering
Misty Watkins, City Development Services
File
168
APPLICANT MATERIALS
169
-
Myrtle Grove Village - Phase III
Residential Development
Project Narrative
Myrtle Grove Village was developed in the mid-90's, and expanded in 2001. The
project currently includes 70 rental apartments, and provides an attractive residential
neighborhood near the thriving commercial center of Monkey Junction. The proposed
project is an additional expansion, on an adjacent 5.48 acre tract of land, of fifty (50)
units. The project is surrounded by a large retail center, Willoughby Park
Condominiums, The Lakes at Johnson Farms, Still Meadow Village Apartments,
Mandeline Place Townhomes, and a vacant residential tract.
The proposal would require the County's provision of "high-density development", which
the Ordinance permits under certain prescribed conditions, by Special Use Permit
approval. All existing internal property lines would be abandoned, and the tracts
recombined into a silJgle boundary. Access to all of Myrtle Grove Village would then be
direct from its frontage along South College Road, classified as a major arterial on the
New Hanover County Thoroughfare Plan. Public water and sanitary sewer services will
be provided from a City water main, and County sewer main existing in easements
running down the center of the development. The parking areas are designed to be
curb and guttered, and all conveyance of storm drainage is proposed to be
underground. The impervious surfaces ratio has been limited to less than 40%.
R-15 density is calculated at up to 10.2 units per acre. This phase of development
proposes 50 units, less than the 56 allowed, for a density of 9.1 units per acre. The
overall Myrtle Grove Village would become 13.63 acres, and have a total density of 8.8
units per acre. -
.
Myrtle Grove Village is a residential rental development. All areas, other than the actual
unit structures, are considered "common area" and are maintained by the owner of the
development.
The 2006 CAMA Land Use Plan identifies this area as "urban," which provides for
continued intensive development. The policies for growth and development encourage
safe and affordable housing to be available to every citizen, and support higher density
residential projects when public services are availabl~.
There is an existing right-turn lane from South College Road onto Prior Drive, the
access road into the development. The first median break on South College Road is at
its intersection with Greenbriar Road, approximately 550' to the south, There is a
signalized median break approximately 1500' to the south, at the entrance into the
commercial center,
Stormwater management will be provided by a stormwater detention pond.
-
~
170
.
All regulated trees have been field located prior to plan layout. Great attention was paid
to the preservation of a maximum of existing vegetation in consideration of normal
development standards. The tract is wooded, but had been timbered at some point,
and contains mostly pines and some relatively small hardwoods. All trees within the
perimeter setbacks, and as many as possible within the interior will be protected during
construction, and incorporated into the landscaping design. Buffer plantings will be
installed along the boundary adjacent to the vacant residential property. Foundation
and interior parking area plantings will enhance the oyerall aesthetics of the
development.
The active recreation space in the center of the proposed development will be improved
with a sand-pit volleyball court and horseshoe pits. Passive recreation can be provided
in the rear, wooded area with a walking trail around the pond. The recreation facilities
would also be usable by the tenants in the existing phases of Myrtle Grove Village,
which currently have no recreation features.
The expansion of a s_uccessful. residential development, providing attractive housing
opportunities near a major commercial node in the County, would be an asset to the
community overall. ~
.
-
-
171
Complete petitions and all supplementary information must be accepted by the Planning Department twenty (20)
working days before the Planning Board meeting to allow adequate time for processing and adveltisement as
required by the North Carolina General Statutes.
Planning Board meetings are held on the first Thursday of each month at 5:30PM in the Commissioner's Assembly
Room at the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina.
Applications for single-family dwellings, including mobile homes, on individual lots must be accepted by the
Planning Department twenty (20) working days before the regularly scheduled Commissioners meeting. Applications
for single-family dwellings on individual lots do not require planning board review.
What You Must Establish For A
Svecial Use Permit
Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning
Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the
applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these
requirements: (Attach additional pages if necessary)
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."
Public water and sewer mains are adjacent to the site to provide for services. The property accesses S. College
Road, a major public thoroughfare. Fire service from the Myrtle Grove Fire Department. The property is not
located in a Hood hazard area. Storm water management is shown asa detention pond that would meet both the
State & County requirements.
,
.
General Requirement #2
The Board must find "that the use meets all required conditions and specifications" ofthe Zoning Ordinance".
The property is zoned R-15 Residential and is proposed for high-density development. A plan has been provided
that shows a total of units less than the maximum density permitted, parking facilities, traffic circulation for
emergency vehicles, and setbacks & buffers to meet all requirements, A trcc survey has been completed.
Page 2 of3
SUP 11/06
172
General Requirement #3
The Board must find "that the use will not substantially il~jure the value of adjoining or abutting property or that the use is a
public necessity,"
The proposed project would be an extension of an existing multi-family development. Adjacent propelties include a
condominium complex, a church and a large-scale retail center. There is no evidence that property values in the area
have been adversely affected by the existing multi-family uses.
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 whicfi it is to be located and in general conformity with the plan of development for New Hanover County,"
-
The 2006 CAMA Land Use Plan identifies this area as Urban, which provides for continued intensive
development. The policies for growth and development encourage safe and affordable housing to be available to
every citizen, and support higher density residential projects when public services are available.
The Zoning Ordinance in some instances also imposes additional specific requirements on the use requested by the
applicant. The applicant should be prepared to demonstrate that the proposed use would comply with each specific
requirement found in section 72, additional restrictions imposed on certain special uses (as applicable). He/She should
also demonstrate that the land would be used in a manner consistent with the plans and policies of New Hanover
County. The Board of Commissioners may impose additional conditions and restrictions that they deem appropriate
prior to the issuing of the Special Use Permit. I certify that this application is complete and that all ofthe information
presented in this application is accurate to the best of my knowledge, information, and belief.
t?~"J.s~w~
Signature of Petitioner and/or Property Owner
i
~~slJjj~
Print Name
Page 3 of3
SUP 11/0
173
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Regular Item #: 11.7 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Rezoning (Z-860, 3/07) - Request by land Consultants, Inc. for Corbett Package Company to Rezone
Approximately 45 Acres (a Portion of 1505 Castle Hayne Road) in the Transition land Classification from 1-2 Heavy
Industrial District to R-15 Residential District
BRIEF SUMMARY:
The Planning Board voted 4-0 to recommend approval of area outside the 100 year floodplain.
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:
~ ~
Z-860-Staff Summar}' amended. doc Z-860-Petition Summawdoc
adjacent property map, applicant materials, and full size property maps with zoning designations
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Commissioner Davis was recused by a vote of 4-0.
Approved the rezoning, only to the marsh line, by a vote of 4-0.
174
CASE: Z-860, 3/07
PETITIONER: Land Consultants, Inc. for Corbett Package Company
REQUEST: From 1-2 and R-15 Residential District
ACREAGE: Approximately 46 Acres
LOCATION: Part of 1505 Castle Hayne Rd. (off Brentwood Dr.)
LAND CLASS: Conservation and Transition
PLANNING BOARD ACTION
At its March 1,2007 meeting, the Planning Board recommended rezoning only a portion of
the originally requested 82 acre site. The recommendation is to rezone the portion of the
property situated outside the 100 year flood plain (approximately 45 acres). Petitioner
agreed to this change and was to provide new maps to indicate this change prior to the
April commissioners meeting. No one from the public spoke in favor of or against the
proposal.
STAFF SUMMARY
The subject property is located in the west/central portion of the county off Castle Hayne Rd and
Brentwood Drive. The area is in close proximity to Smith Creek and is classified as Conservation
in the low areas and Transition on the high ground. The proposal encompasses only a portion of
an existing 193 acre parcel strongly dominated by brackish marsh and swamp forest. There is no
direct access to Castle Hayne Road for the portion proposed for rezoning because of the large
expanse of swamp forest east of the proposed zoning boundary, therefore, access will be from
Brentwood Drive.
Brentwood Drive at its intersection with Palmetto Road would be the point of access for any
future development. Brentwood is a local street and no level of service (LOS) has been
established for it. Traffic would feed onto Castle Hayne Road near Division Drive and the Martin
Luther King Parkway. Level of Service (LOS) on Castle Hayne Road in this location in 2005 was
F, meaning traffic flow exceeds capacity.
The subject property is bordered to the west and south by a large expanse of brackish marsh, and
to the immediate east by swamp forest. North of this property is zoned R-15 Residential District
with an older, existing neighborhood along Brentwood Drive and Palmetto Road. Easterly, where
Brentwood intersects with Castle Hayne Road, zoning transitions to B-2 Highway Commercial
zoning. Zoning of this property and rest of the surrounding area continues to be the heavy
industrial 1-2 zoning historically prevalent along this section of Castle Hayne Road.
The subject property is located within the Smith Creek watershed drainage area. The parent
parcel is heavily influenced by flood zone and by Class IV wetland soils, with large portions
having elevation of2 feet or less.
Water and sewer are not currently available in reasonable proximity to the site.
Land Use Plan Considerations:
175
The 2006 Update of the Joint CAMA Plan describes the purpose of the Conservation
class as being to provide for effective long term management and protection of significant,
limited or irreplaceable natural resources while also protecting the rights of property owners.
Lands in this category "present challenges from a land use standpoint, as they are often the most
desirable from a development perspective and they may be at the same time, the most undesirable
to develop from an environmental or public safety perspective." The purpose of the Transition
Class is to provide for "continued 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
policies requiring optimum efficiency in land utilization and public service delivery."
This rezoning petition proposes a change from an industrial use designation to a
residential use designation. Overall, the request would reduce available acreage for heavy
industrial use in the unincorporated county by less than 2% and increase residential acreage only
slightly.
Potential 1-2 R-15
Performance Residential N/A 113 units
High Density (Not an option at this time because of street classification)
Traffic flow along Brentwood Drive currently enjoys connectivity to Glendale Drive and
Victoria Drive via Palmetto Road. Potential addition of about 1,100 vehicle trips per day to these
local streets will have an impact on existing conditions, but the opportunities for alternate routes
to Castle Hayne Road may help offset negative effects. A Traffic Impact Analysis will be
required for subdivisions projected to exceed the traffic threshold of 100 peak hour trips per day.
Staff Recommendation:
Staff supports the Planning Board's recommendation to limit the scope of the initial rezoning
request. Staff feels residential use on the high ground would be more harmonious with the
existing neighborhood than the current 1-2. The Wrightsboro Plan which speaks to protecting the
area's rural character and the CAMA Plan which strives to protect Conservation Areas provide
further evidence that only the uplands are suitable for residential development in this area. In
preparing the revised map, petitioner requested a boundary line that corresponds to the marsh line
rather than the floodplain line in order to provide a natural buffer between the residential district
and the industrial district. Staff feels this change is logical and consistent with the overall intent
of the original recommendation. The total area recommended to be rezoned would be 46.24
acres.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether the action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public
interest."
EXAMPLE:
The County Commissioners find that this request for zoning map amendment from 1-2 Heavy
Industrial to R-15 Residential District is (or is not):
1. Consistent with the purposes and intent of the Transition land classification and the
associated land use policies adopted in the 2006 land use plan;
176
2. Reasonable and in the public interest to allow transition of acreage outside the flood
plain from industrial zoning class to residential zoning class with base densities of
2.5 units per acre in this location within close proximity to an existing adjacent R-15
Residential District.
177
Case: Z-860 (3/07)
Petition Summary Data
Owner/Petitioner: Corbett Package Co. by Land Consultants, Inc
Existing Land Use: Vacant (1-2) Requesting (R-15 - 82 ac. mol)
Zoning History; July I, 1972 (area 9A)
Land Classification: Conservation and Transition
Water Type:
Sewer Type:
Recreation Area: Castle Hayne Park
Access & Traffic Volume: Access from Brentwood Dr. (local street) to Castle Hayne Rd.
No counts on Brentwood. Castle Hayne Rd.; Castle Hayne Rd. 22,343
(4/05) compared to 19,000 (2003); + 17.6%
Level of Service (LOS): F - Exceeds capacity
Fire District: Wrightsboro FD
Watershed & Water Quality Classification: Smith Creek (C, Sw)
Aquifer Recharge Area: Chiefly a discharge area for groundwater flow
Conservation/Historic/ Archaeological Resources: Class IV soils; Special Flood Hazard;
swamp forest, brackish marsh
Soils: Be-Baymeade fine sand (II); On Onslow loamy fine sand (II); Do-Dorovan (IV);
Jo-Johnston (IV)
Septic Suitability: Class IV (10 & Do) Unsuitable; Class II soils - Moderate limitation
with moderate modification and maintenance required
Schools: Parsley Elementary
178
>0
"
"
0-
~ "a
C
~~ ..
'"
~:i2 j
.... ~~
~ ~E
M o-e
Q ~o
...u
00...... 8
cg ,," ,.7
-"
co g.g
N :;tQ. ..
a:~ ' ~
'"
179
APPLICANT MATERIALS
180
WHAT YOU MUST ESTABLISH
FOR A CHANGE OF ZONING
Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The
North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan.
The governing board is required to adopt statements that the change is or is not consistent, reasonable, and in the
public's interest. Since amendments to zoning maps should also be based on a Land Use Plan, you must explain how your
request satisfies each ofthe following requirements: (Fill in Below or attach additional pages).
1. How would the requested change be consistent with the County's Policies for Growth and Development?
, VIQ
., ~~ .
2. How would the requested zone Change~~nsistent with the property's classification on the Land Classification
Map? . - ~ .
\
. .~
tYJV . ,. ,..
3. m" ,;..m..., ..;O.bo.....od ..a.... hay. owmed to :;;::i!!OriOInal roomO mappropri"" 0' .ow;, tho l..d
involved unsuitable for the uses permitted under the \lxis . ning?
. ...~
~
V
4. How will this change of zoning ~~ public interest?
In signing this petition, I understand that the existing zoning map is presumed to be correct and that I have the
burden of proving why a change is in the public interest. I further understand the singling out of one parcel of land for
special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal. I
certify that this application is complete and that all information presented in this application is accurate to the best of
my knowledge, rmation, a belief.
L ,q,JD c C),vSu (..T'1"WTS :LIVe..
~ ,q, SArIlAA;;
Print Name
Page 20f2
ZMA-lI/06
181
REZONING REQUEST
FROM 1-2 TO R-15
PARCEL ID #
1. HOW WOULD THE REQUESTED CHANGE BE CONSISTENT WITH THE
COUNTY'S POLICIES FOR GROWTH AND DEVELOPMENT?
The rezoning request, from Industrial-2 to Residential-15, is for property within the
Urban Growth Transition area as outlined in the adopted CAMA Land Use Plan. The
property is located in the northeast quadrant of the County, along the western side ofthe
Cape Fear River, just north of the confluence with Smith Creek. Access to the property
is from a residential street connected to Castle Hayne Road. The close proximity to
Wilmington's Downtown District positions this property in an area that provides
residential housing to serve the growing downtown, as well as the nearby Hwy 421
Industrial Corridor. The property's geographical location affords excellent access to
major transportation corridors to the north (Hwy 17 Bypass) and the south (MLK
Freeway). The property is bordered by sensitive marshlands and adjacent to an existing
residential neighbOFhood. The requested rezoning classification is in keeping with
intended stewardship goal of promoting sensitive developments while protecting the
natural systems. Residential land use zoning will provide more flexibility in addressing
impervious surfaces, stormwater runoff, density and the protection ofthe natural
resourses.
2. HOW WOULD THE REQUESTED ZONE CHANGE BE CONSISTENT WITH
THE PROPERTY'S CLASSIFICATION ON THE LAND CLASSIFICATION
MAP?
The Land Classification Map denotes this property as a Transition Area and Conservation
Area. The property is presently zoned industrial and is located adjacent to a residential
neighborhood. The remaining bordering areas are regulated marshlands that prohibit
industrial type development. Access to the property is via a residential street connection
to Castle Hayne Road. The requested zoning to allow residential use is consistent with
the Land Classification (Transition) and will provide a zoning classification allowing
residential development that addresses downtown housing needs while preserving an
existing residential neighborhood.
3. WHAT SIGNIFICANT HEIGHBORHOOD CHANGES HAVE OCCURRED
TO MAKE THE ORIGINAL ZONING INAPPROPRIATE, OR HOW IS THE
LAND INVOLVED UNSUITABLE FOR THE USES PERMITTED UNDER THE
EXISTING ZONING?
The Castle Hayne Road Corridor, from the Hwy 17 Bypass to the MLK Freeway, is
undergoing changes due to improved access connections and the proximity to Downtown
Wilmington and the Hwy 421 Industrial Corridor. In addition, Castle Hayne Road runs
parallel to the Cape Fear River, thus providing access to riverfront property. The real
estate trend toward water based development is creating a demand for properties with
182
water access or water views. The Downtown's continuing growth is creating a demand
for housing with increased interest toward river base land use. The residential demand,
coupled with the location within an established residential neighborhood, renders this
property inappropriate for industrial development.
4. HOW WILL THIS CHANGE OF ZONING SERVE THE PUBLIC INTEREST?
The proposed zoning request to change from Industrial-2 to Residential-IS is in keeping
with the Adopted CAMA Land Use Plan and will provide the land use classification
needed to provide housing that is close to the City's Downtown District. The property is
within an area experiencing change due to improved access to the Downtown District and
regional employment centers. The property's landscape is a gentle bluff descending to
the marshland bordering the Cape Fear River offering an excellent opportunity to
promote a sensitive development that preserves the natural character while allowing for
the preservation of the bordering estuarine resources.
-
183
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Regular Item #: 11.8 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Text Amendment (A-357, 3/07) - Request by Staff to Amend Article V. District Regulations, Table of Permitted Uses
to Add Parks as Permitted Uses in All Districts
BRIEF SUMMARY:
The Planning Board voted 4-0 to recommend approval.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve, modify, or deny the text amendment.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
A-357- Staff Summar}' amend. doc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
184
CASE: A-357, 03/07 Applicant: Staff
REQUEST: Zoning Text Amendment for Section 50-5: Amend permitted use table
for "Parks and Recreation Areas"
The proposed text amendment can be accomplished by amending the following: (the proposed
amendments are shown in bold and italics)
Section 50-5: Table of Permitted Uses
Table of Permitted Uses
Permitted P
Uses D
Services
Parks &
Recreation P
Areas
PLANNING BOARD ACTION
At its March 1,2007 meeting, the planning board voted 4-0 to recommend approval of the
amendment. One person from the public asked what the change was about. No one spoke in
favor or against the item.
STAFF SUMMARY
Staff suggests that Section 50-5 Table of Permitted Uses be amended to include "Parks and Recreation
Areas" as a Permitted Use in the B-1, B-2, 1-1,1-2, SC and RA districts. Parks and recreation areas
are already permitted by right in each ofthe other zoning districts. These changes would bring "Parks
and Recreation Areas" in line with "Government Offices & Buildings" and with "Churches" which are
already permitted in these areas.
Finding locations for Parks and Recreation areas has become an increasingly difficult task due to the
relative scarcity of large pieces of suitable land and the perception that parks and recreation areas may
bring undesirable impacts into residential communities. Allowing parks and recreation areas to locate
in areas zoned for business and industrial uses will eliminate this perceived conflict and the need for
rezoning as a necessary step in park land development.
ACTION NEEDED
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting
or rejecting any zoning amendment, the governing board shall adopt a statement describing
whether the action is consistent with an adopted comprehensive plan and explaining why the
board considers the action taken to be reasonable and in the public interest."
EXAMPLE:
The County Commissioners find that this ordinance amendment is (or is not):
1. Consistent with the purposes and intent ofthe land classification system and the
associated land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to allow opportunities to develop public parks
throughout the unincorporated county.
185
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBL Y ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMATED ITEMS OF BUSINESS Page
TIMES No.
4:35 p.m. 1. Non-Agenda Items (limit three minutes)
4:40 p.m. 2. Approval of Minutes 187
186
This page intentionally left blank.
187
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Water & Sewer Item #: 2 Estimated Time: Page Number:
Department: Governing Body Presenter: District Chairman Kopp
Contact: Sheila L. Schult
Item Does Not Require Review
SUBJECT:
Water and Sewer Agenda - Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the Water and Sewer District meeting held on March 12, 2007.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
188
This page intentionally left blank.
189
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Additional Item #: 1 Estimated Time: Page Number:
Department: TAX Presenter: Bob Glasgow
Contact: Bob Glasgow
Item Does Not Require Review
SUBJECT:
New Hanover and New Hanover Fire District Collection Reports
BRIEF SUMMARY:
Reports as of February 28, 2007 and March 31, 2007.
General Statute 1 05-373(d) states that when a collector voluntarily resigns, a settlement report must be prepared and
submitted to the governing body. The report, together with the governing body's action with respect thereto, shall be
entered in full upon the minutes of the governing body. The February reports are for the former Collector of Revenue,
Patricia Raynor, who retired in February. The March reports are for Barbara J. Baker, Interim Collector of Revenue.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval of these reports.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
The February 28,2007 reports are attached. The March 31,2007 reports will be available at the meeting on April 2, 2007,
since the month has not yet been closed out.
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
190
This page intentionally left blank.
191
CONSENT AGENDA
DATE:
ITEM NO.
NEW HANOVER COUNTY TAX COLLECTIONS
COLLECTIONS THRU 02/28/07
CURRENT TAX YEAR - 2006 AD VALOREM MOTOR VEHICLE
ORIGINAL TAX LEVY PER SCROLL $ 119,404,026.20 $ 8,646,196.33
DISCOVERIES ADDED 3,270,294.51 9,378,96
LESS ABATEMENTS - 248.317,99 - 121.958.27
TOTAL TAXES CHARGED $ 122,426,002.72 $ 8,533,617.02
ADVERTISING FEES CHARGED .00 .00
LISTING PENAL TIES CHARGED 103,279.77 .00
CLEANING LIENS CHARGED 12.050.00 .00
TOTAL LEVY $ 122,541,332.49 $ 8,533,617.02
COLLECTIONS TO DATE - 119.101.224.97 - 6.582.192.21
OUTSTANDING BALANCE $ 3,440,107.52 $ 1,951,424.81
PERCENTAGE COLLECTED 97.19%* 77.13%*
BACK TAXES
REAL ESTATE AND PERSONAL PROPERTY $ 4,590,639.95
CHARGES ADDED 81,949.90
LESS ABATEMENTS - 226.637.67
TOTAL TAXES DUE $ 4,445,952.18
COLLECTIONS TO DATE - 1.421.771.56
OUTSTANDING BALANCE $ 3,024,180.62
PERCENTAGE COLLECTED 31.98%
FEB 2007 FISCAL YTD
ROOM OCCUPANCY TAX COLLECTIONS $ 281,836.56 $ 5,324,128.61
RENTAL VEHICLE TAX COLLECTIONS 26,184,11 224,083.82
PRIVILEGE LICENSE COLLECTIONS 766.25 21,138,89
TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY, CITY OF WILMINGTON,
WRIGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE - $186,998,685.33.
THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1,2006.
RESPECTFULLY SUBMITTED,
, /3rvJ.. tLl41' Ij~1V
BARBARA 1. BAKE
INTERIM COLLECTOR OF REVENUE
* COMBINED COLLECTION PERCENTAGE - 95.89%
192
CONSENT AGENDA
DATE:
ITEM NO.
NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS
COLLECTIONS THRU 02/28/07
CURRENT TAX YEAR - 2006 AD VALOREM MOTOR VEHICLE
----------------------- --------------- ---------------
ORIGINAL TAX LEVY PER SCROLL $ 3,887,203.33 $ 358,117.87
DISCOVERIES ADDED 166,703.46 495.91
LESS ABATEMENTS 35,870.08- 4,953.04-
--------------- ---------------
TOTAL TAXES CHARGED $ 4,018,036.71 $ 353,660.74
LISTING PENALTIES CHARGED 4,311.61 .00
--------------- ---------------
TOTAL LEVY $ 4,022,348.32 $ 353,660.74
COLLECTIONS TO DATE 3,906,251. 60- 276,007.92-
--------------- ---------------
OUTSTANDING BALANCE $ 116,096.72 $ 77,652.82
PERCENTAGE COLLECTED 97.11%* 78.04%*
BACK TAXES
----------
REAL ESTATE AND PERSONAL PROPERTY $ 147,266.41
CHARGES ADDED 5,451.97
LESS ABATEMENTS 5,350.56-
---------------
TOTAL TAXES DUE $ 147,367.82
COLLECTIONS TO DATE 58,516.10-
---------------
OUTSTANDING BALANCE $ 88,851. 72
PERCENTAGE COLLECTED 39.71%
THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 2006.
RESPECTFULLY SUBMITTED,
'l?x1)Ju:;~ }./!)~JV
BARBARA J. BAKER
INTERIM COLLECTOR OF REVENUE
* COMBINED COLLECTION PERCENTAGE - 95.57%
193
CONSENT AGENDA
DATE:
ITEM NO.
NEW HANOVER COUNTY TAX COLLECTIONS
COLLECTIONS THRU 03/31/07
CURRENT TAX YEAR - 2006 AD VALOREM MOTOR VEHICLE
ORIGINAL TAX LEVY PER SCROLL $ 119,404,026.20 $ 10,587,102,13
DISCOVERIES ADDED 3,270,294.51 11,484,37
LESS ABATEMENTS - 261.702.00 - 136.174.24
TOTAL TAXES CHARGED $ 122,412,618.71 $ 10,462,412,26
ADVERTISING FEES CHARGED 14,531.00 .00
LISTING PENAL TIES CHARGED 103,021.32 .00
CLEANING LIENS CHARGED 12,050.00 .00
TOTAL LEVY $ 122,542,221.03 $ 10,462,412.26
COLLECTIONS TO DATE - 120.608.122.63 7,468,460.21
OUTSTANDING BALANCE $ 1,934.098.40 $ 2,993,952.05
PERCENTAGE COLLECTED 98.42%* 71.38%*
BACK TAXES
REAL ESTATE AND PERSONAL PROPERTY $ 4,590,639.95
CHARGES ADDED 91,920.45
LESS ABATEMENTS - 239,982,07
TOT AL TAXES DUE $ 4,442,578.33
COLLECTIONS TO DATE - 1,521,099,17
OUTSTANDING BALANCE $ 2,921,479.]6
PERCENT AGE COLLECTED 34.24%
MAR 2007 FISCAL YTD
ROOM OCCUPANCY TAX COLLECTIONS $ 307,396,86 $ 5,631,525.47
RENTAL VEHICLE TAX COLLECTIONS 22,523.04 246,606,86
PRIVILEGE LICENSE COLLECTIONS 485,25 21,624.14
TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY, CITY OF WILMINGTON,
WRIGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE - $190,675,779.05.
THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1,2006.
RESPECTFULLY SUBMITTED,
'~~C-L J. 'f~A/
BARBARA ], BAKER
INTERIM COLLECTOR OF REVENUE
* COMBINED COLLECTION PERCENT AGE - 96.29%
194
CONSENT AGENDA
DATE:
ITEM NO.
NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS
COLLECTIONS THRU 03/31/07
CURRENT TAX YEAR - 2006 AD VALOREM MOTOR VEHICLE
----------------------- --------------- ---------------
ORIGINAL TAX LEVY PER SCROLL $ 3,887,203.33 $ 441,252.15
DISCOVERIES ADDED 167,433.72 594.42
LESS ABATEMENTS 36,123.59- 5,516.72-
--------------- ---------------
TOTAL TAXES CHARGED $ 4,018,513.46 $ 436,329.85
LISTING PENALTIES CHARGED 4,307.11 .00
--------------- ---------------
TOTAL LEVY $ 4,022,820.57 $ 436,329.85
COLLECTIONS TO DATE 3,958,904.86- 313,117.51-
--------------- ---------------
OUTSTANDING BALANCE $ 63,915.71 $ 123,212.34
PERCENTAGE COLLECTED 98.41%* 71.76%*
BACK TAXES
----------
REAL ESTATE AND PERSONAL PROPERTY $ 147,266.41
CHARGES ADDED 6,522.87
LESS ABATEMENTS 5,384.73-
---------------
TOTAL TAXES DUE $ 148,404.55
COLLECTIONS TO DATE 63,314.98-
---------------
OUTSTANDING BALANCE $ 85,089.57
PERCENTAGE COLLECTED 42.66%
THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 2006.
RESPECTFULLY SUBMITTED,
'--13--4-J..dA.-L 9" '1::U.f<.V./
BARBARA J. BAKER
INTERIM COLLECTOR OF REVENUE
* COMBINED COLLECTION PERCENTAGE - 95.80%
195
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 04/02/07
Additional Item #: 2 Estimated Time: Page Number:
Department: TAX Presenter: Bob Glasgow
Contact: Bob Glasgow
SUBJECT:
Approval of Collection Settlement Reports, Appointment of Collector of Revenue of New Hanover County and
Charge of Levy
BRIEF SUMMARY:
The Board reappointed Patricia Raynor as Collector of Revenue on August 14, 2006 for a two-year term. She retired
effective February 15, 2007. General Statute 1 05-349(a) states that whenever any vacancy occurs in the office of the tax
collector, the governing body shall appoint a qualified person to serve as tax collector for the period of the unexpired term.
Michelle D. Harrell accepted the position effective March 13,2007.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Appointment of Michelle D. Harrell as Collector of Revenue of New Hanover County to complete the unexpired term of
Patricia Raynor through August 2008 and charge her with collection of the levy.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
........
... .
char-ge document .doc
REVIEWED BY:
LEGAL: N/A FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: N/A
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
196
April 2007
State of North Carolina
County of New Hanover
To the Collector of Revenue of New Hanover County:
You are hereby authorized, empowered, and commanded to collect the taxes set forth in
the tax records filed in the office of the Tax Administrator and in the tax receipts
herewith delivered to you, in the amounts and from the taxpayers likewise therein set
forth. Such taxes are hereby declared to be a first lien upon all real property of the
respective taxpayers in the County of New Hanover and this order shall be a full and
sufficient authority to direct, require, and enable you to levy on and sell any real or
personal property of such taxpayers, for and on account thereof, in accordance with the
law.
Witness my hand and official seal, this 2nd day of April 2007.
William A. Caster, Chairman
Board of Commissioners of New Hanover County
Attest:
Sheila 1. Schult, Clerk to the Board
I, Michelle D. Harrell, Collector of Revenue of New Hanover County, hereby
acknowledge receipt of tax books for real estate and personal property for Cape Fear,
Federal Point, Carolina Beach, Kure Beach, Harnett, Wrightsville Beach, Masonboro,
and Wilmington Townships, for New Hanover County.
This 2nd day of April 2007.
Michelle D. Harrell
Collector of Revenue of New Hanover County
197