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Home My WebLink AboutAgenda 2007 07-09 AGE NO A NEW HANOVER COUNTY BOARD OF COMMISSIONERS Human Resources Training Center, New Hanover County Government Center 230 Government Center Drive, Suite 135, Room 401 Wilmington, 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 July 9, 2007 5:30 p.m. MEETING CALLED TO ORDER (Chairman William A. Caster) INVOCA TION (Father Vic Fredericksen from St. Mark's Episcopal Church) PLEDGE OF ALLEGIANCE (Commissioner Nancy H. Pritchett) APPROV AL OF CONSENT AGENDA ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. 1. Consideration of a Proclamation to Declare July as "Parks and Recreation 41 Month" in New Hanover County 5:45 p.m. 2. Official Dedication ofthe New Public Safety 800 MHz Radio System 43 5:50 p.m. 3. Update on the Flemington Soccer Complex Interlocal Agreement 45 6:05 p.m. 4. Public Hearing and Consideration of Approval to Submit Application for 57 Rural Operating Assistance Program Funds in the Amount of$158,623 6:10 p.m. 5.1 Public Hearing 59 Special Use Permit (S-576, 6/07) - Request by Monkey Junction Mini-Storage (Archie McGirt) via Withers & Ravenel to Grant a Special Use Permit for a Dwelling Unit Contained within a Principal Use in Association with a Mini- storage Facility to be Located at 2306 North 23rd Street in an AI Airport Industrial Zoning District 6:30 p.m. 5.2 Public Hearing 75 Modify Conditional District (Z-696 3/00; 10/05; Modification 5/07) - Request by Monkey Junction Mini Storage (Archie McGirt) via Withers & Ravenel to modify an Existing Conditional District in the Urban Land Classification Located at 5044 Carolina Beach Road to Add a Vehicle Washing Facility Use to the Site Plan and to Eliminate Other Commercial/Office Uses, Converting and Increasing the Approved Storage Use on the Site Plan of the Companion Special Use Permit in a CD(B-2) Conditional District. (Continuedfrom June 4, 2007 Commissioners' meeting) 7:00 p.m. 5.3 Public Hearing 93 Modify Special Use Permit (S-345, 11/92; 6/07 modification) - Request by Ogden Fire Department to Modify an Existing Special Use Permit by Removing Conditions to Allow for Residential Use in the Fire Station and to Allow Clearing of Underbrush in the Buffer Area Located at 907 Porters Neck Road in an R-20 Zoning District in the Transition Land Classification 7:20 p.m. Break 7:30 p.m. 5.4 Public Hearing 109 Modify Special Use Permit (S-329 3/91; 4/00; 8/03; Modification 6/07) - Request by David Girardot for UNC-W to Modify an Existing Special Use Permit to Modify the Approved Site Plan to Expand the Marine Sciences Center in an R-15 Zoning District Located off Masonboro Loop Road at 5600 Marvin K. Moss Lane to Add an 80,000 sq. f1. Bio-technology Laboratory Building and Oyster Hatchery and Remove Existing Condition #3 8:10p.m. 5.5 Public Hearing 125 Conditional Rezoning (Z-861, 4/07) - Request by Shanklin and Nichols, P A for ACI-Pine Ridge, LLC to Rezone Approximately 16.2 Acres Located offN. Market Street at Porters Neck Road in the Transition and Wetland Resource Protection Land Classifications from B-1 Neighborhood Business Zoning District to CD(B-2) Conditional District Highway Business to Locate a 169,000 sq. f1. Commercial Building for up to 42 Possible Uses 8:50 p.m. 5.6 NOTE: The Board of Commissioners will consider a request to continue 145 this item to a future agenda. Public Hearing Modify Conditional Rezoning (Z-838, 4/06; Modification, 4/07) - Request by Shanklin and Nichols, P A for Mason Landing Yacht Club, LLC to Modify Existing Conditional District in the Resource Protection Land Classification Located at or Near 2029 Turner Nursery Road to Add 7.69 Acres from R-20S Residential District to the Existing CD(R-15) Conditional Residential District (Continued from the June 4, 2007 Commissioners' meeting) 9:25 p.m. 5.7 Consideration of Road Closing Resolution ofIntent (SC-84, 06/07) 169 9:30 p.m. Break 9:40 p.m. 6. Consideration of Heritage Park Drainage Improvement Project 175 9:50 p.m. 7. Consideration of Text Amendment to Stormwater Management Ordinance 179 9:55 p.m. 8. Meeting of the Water and Sewer District 185 10:35 p.m. 9. Non-Agenda Items (limit three minutes) 10:40 p.m. 10. Additional Items County Manager Commissioners Clerk to the Board County Attorney 10:50 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 ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 9:55 p.m. l. Non-Agenda Items (limit three minutes) 10:00 p.m. 2. Approval of Minutes 187 10:05 p.m. 3. Update Presentation on the Bradley Creek Sewer Outfall Rehabilitation 189 10:15p.m. 4. Consideration of Request for District Participation: Vineyard West Water Line 191 Extension and Adoption of the Ordinance for Budget Amendment 2008-01 10:25 p.m. 5. Consideration of Northern School Site Regional Utilities Opportunity 197 Notice of Temporary Meeting Location Change The Board of Commissioners will conduct their meetings in July and August 2007 at the New Hanover County Government Center so that renovations may be completed at the Historic Courthouse. The meeting location details are: New Hanover County Government Center 230 Government Center Drive, Suite 135 Human Resources Training Center Room 401 3 This page intentionally left blank. 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. l. Approval of Minutes 7 2. Adoption of State Road Resolutions 9 3. Ratification of a Grant Application for $6,000 to the Landfall Foundation 13 Submitted by the Department of Aging to Fund the Prescription Drug Assistance Program 4. Approval of Board of Education Budget Amendment #4 17 5. Approval to Accept Help America Vote Act (HA V A) Title II Grant Funds and 21 Adoption of Ordinance for Budget Amendment 08-001 6. Adoption of a Resolution to Declare Equipment Surplus and to Sell It 23 7. Approval of Creation of Electronic Records System Policy and Revision of 25 Personnel Records Maintenance Policy 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 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 from the following meetings: Board of Equalization and Review Meeting held on June 12,2007 Budget Work Session held on June 14,2007 Agenda Review Meeting held on June 14, 2007 Regular Meeting held on June 18, 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: 07/09/07 Consent Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Sheila L. Schult, Clerk to the Board Contact: Sheila L. Schult, Clerk to the Board Item Does Not Require Review SUBJECT: Adoption of State Road Resolutions BRIEF SUMMARY: NCDOT is considering the addition of these roads and requesting the Board to adopt resolutions in support of adding the roads: Potomac Woods Subdivision Sections 2-5 (Div. File No: 1098-N) Courtney Pine Drive (Div. File No: 1099-N) Beeston Court of Section II Brittany Woods Subdivision (Div. File No: 11 OO-N) RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt standard SR-2 resolutions. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: NCDOT letters ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 9 ---' STA TE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHWAYS L YNDO TIPPETT GOVERNOR SECRETARY June 1 ],2007 . nM[~r\ ij ~ ~~\~\ \ ~ V' II Ms. Sheila Schult, Clerk to the Board U'u JUN I 3 2007 \~I \ New Hanover County Board of Commissioners \ 230 Government Center Drive, Suite 175 Wilmington, NC 28403 tHVi !l0. Of Subject: Proposed Addition to the State System of Highways Dear Ms. Schult: This office is considering the addition of roads in Potomac Woods Subdivision Sections 2-5 (Div. File No: 1098- N) to the state system. After the Board's consideration please furnish this office with the current county resolution and official road names for our further handling. If we may be of further assistance, please call Cary Robbins at 9] 0 251-2655. Sincerely, :f::!:t~f District Engineer A WL:cdr Attachments Cc: Jerry Taylor, New Hanover County Maintenance Engineer 300 Division Drive. Wilmington. KC 284() I Tel: (910) 25].2655 Fax: (910) 251-2759 10 ~~ nw~~ UU JUN - 8 U NEW HHI!WEIl CO STATE OF NORTH CAROLINA pm or DEPARTMENT OF TRANSPORT A TION MICHAEL F. EASLEY DIVISION OF HIGHWAYS L YNDO TIPPETT GOVERNOR SECRETARY June 6, 2007 Ms. Sheila Schult, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 Subject: Proposed Addition to the State System of Highways Dear Ms. Schult: This office is considering the addition of an extension of Courtney Pine Drive (Div. File No: 1099- N) to the state system. After the Board's consideration please furnish this office with the current county resolution and official road names for our further handling. If we may be of further assistance, please call Cary Robbins at 910251.2655. Sincerely, ~~~ Anthony W. Law District Engineer A WL:cdr Attachments Cc: Jerry Taylor, New Hanover County Maintenance Engineer 300 Division Drive, Wilmington. N.C. 28401 Tel: (91.0) 251.2655 Fax: (910) 251.2759 11 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF HIGHW AYS L YNDO TIPPETT GOVERNOR SECRETARY June 11. 2007 Ms. Sheila Schult. Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive. Suite 175 Wilmington. NC 28403 i JUN 1 3 " Subject: Proposed Addition to the State System ofHighw. . N[W HAN0VH1rCO- (C, eo or COMMI'iiS~11 RS Dear Ms. Schult: This office is considering the addition of Beeston Court of Section II Brittany Woods Subdivision (Div. File No: 1100- N) to the state system. After the Board's consideration please furnish this office with the current county resolution and official road names for our further handling. If we may be offurther assistance, please call Cary Robbins at 910 251 ~2655. Sincerely, ~pO~ Anthony W, Law District Engineer A WL:cdr Attachments Cc: Jerry Taylor, New Hanover County Maintenance Engineer 300 Division Drive, Wilmington. N.C 2840 I 'leI: (910) 251-2655 Fax: (910) 251-2759 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Consent Item #: 3 Estimated Time: Page Number: Department: Aging Presenter: Annette Crumpton Contact: Annette Crumpton SUBJECT: Ratification of a Grant Application for $6,000 to the Landfall Foundation Submitted by the Department of Aging to Fund the Prescription Drug Assistance Program BRIEF SUMMARY: The Department of Aging learned of a grant opportunity with Landfall Foundation a week prior to the deadline and submitted a proposal to support the Prescription Drug Assistance program. If awarded, the Landfall Foundation grant will provide $6,000 to fund the Prescription Drug Assistance Program January 1,2008, through December 31,2008. Grant monies will cover cost of salary for one temporary employee 10-12 hours a week and some administrative supplies. The Prescription Drug Assistance Program helps senior adults with Medicare Part 0 issues, and identifies pharmaceutical companies who provide low or no cost prescription drug programs for seniors. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request ratification of the submission of the Landfall Foundation grant application. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: The entire application is available for review in the County Manager's Office. REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 13 New Hanover County Departnlent of Aging 2222 South College Road Wilmington, NC 28403 Telephone 9JO~798~6400 Fax 9JO-79fj~64// Annette Crumpton Director June 13,2007 Mr. Curtis Sewell Grants Committee Landfall Foundation 1924 Pembroke Jones Drive Wilmington, NC 28405 Dear Mr. Sewell: The New Hanover County Department of Aging wishes to make an application to the Landfall Foundation for funds to support a Prescription Drug Assistance Program. This program is a resource for area seniors to receive Information and guidance on the complex Medicare prescription drug plans and to receive assistance finding low and/or no cost prescription medications from pharmaceutical companies. Grant monies will be used to support one staff person 4-8 hours per week and cover minimal operational costs. On behalf of the seniors in our community, I ask for consideration of this request to make application to your Foundation to support a Prescription Drug Assistance Program. Sincerely, /1 c!"'/ <' .' (,A.<.A' ~ "~--' ~, '--A<-~~ )., (~ J .," Annette Crumpton, Director NHC Department of Aging 2222 S. College Road Wilmington, NC 28403 91 0-798~641 0 acrumpton@nheQov.com N 14 Landfall Foundatk rant Application (2007) Submitting Agenc) Jepartment of Aging, New Hanover County, Ne ATTACHMENT B - PROJECT BUDGET (Part III, #1) Requested Amount: $6,000 Project Period: 111/08-12/31/08 Expenses: Salary (one part time staff @4-8 hours per week) $5,360 FICA 410 Printing 100 Postage 80 Mileage (presentations & home visits) 50 TOTAL: $6,000 In addition, New Hanover County Dept of Agiing provides office .space, technology support, telephone and office supplies. 15 This page intentionally left blank. 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Consent Item #: 4 Estimated Time: Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin Item Does Not Require Review SUBJECT: Approval of Board of Education Budget Amendment #4 BRIEF SUMMARY: The Board of Education Budget Amendment #4 records the State Lease of School Buses. No funds directly flow through the local Board of Education budget. The entry on the Board of Education books is necessary since the State cannot directly enter into the Lease for the Buses. RECOMMENDED MOTION AND REQUESTED ACTIONS: Review and approve Board of Education Budget Amendment #4 passed by the Board of Education on June 4, 2007. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 17 Budget Amendment #4 New Hanover County Administrative Unit Capital Outlay Fund The New Hanover County Board of Education at a meeting on the 4th day of June 2007. passed the foHowing resolution. Be it resolved that the foHowing 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 $1,129,387.00 Revenue: Various See Attached $1,129,387.00 Explanation: See attached Total Appropriation in Current Budget $127,594.416.89 Amount of Increase/(Decrease) of above Amendment 1 ,129,387.00 TolalApproprlation in Current Amended Budget $ 128,723,803.89 PasSed1~~rri'J vote of the Board of Education of New Hanover County on the If " day of 2001 18 Capital Outlay Fund Amendment # 4 To set up budget for 2006-07 DPI Bus Lease: 4.9300.120.551 Bus Lease 1 ,129,387.00 revenue: 4.4390.120.000.000 Capital Outlay Fund Balance Appropriation (1,129,387.00) Capital Outlay Fund - Page #1 19 This page intentionally left blank. 20 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Consent Item #: 5 Estimated Time: Page Number: Department: Elections Presenter: Bonnie T. Williams Contact: Bonnie T. Williams SUBJECT: Approval to Accept Help America Vote Act (HA VA) Title II Grant Funds BRIEF SUMMARY: Board of Elections has been awarded $132,000 to purchase the state-developed glectronic gccess ~stem (EASY) option as the Electronic Records Access at the Polling Place (ERAPP) method. RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept grant and approve ordinance for associated budget amendment 08-001. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ........ . .. 08-001 6-25-07.doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 21 AGENDA: July 9, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-001 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-001 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Elections Exnenditure: Decrease Increase Supplies-Computers and Other $132,000 Total $132,000 Revenue: Decrease Increase HA V A Title II Equipment Grant $132,000 Total $132,000 Section 2: Explanation To budget HA V A Title II grant awarded to Board of Elections to purchase equipment and software to provide electronic records access at the polling place. 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 08-001 amending the annual budget ordinance for the fiscal year ending June 30, 2008, 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: 07/09/07 Consent Item #: 6 Estimated Time: Page Number: Department: Environmental Management Presenter: John Hubbard Contact: Sam Hawes SUBJECT: Adoption of a Resolution to Declare Equipment Surplus and to Sell It BRIEF SUMMARY: The County's Landfill has a 1994 model 816B Caterpillar Landfill Compactor that needs extensive repairs and is no longer in use. This piece of equipment was replaced in 2006 with a new 826H Caterpillar Landfill Compactor. The department has received three offers to purchase the equipment: Marcel Equipment, $24,000 cash; Gregory Poole Equipment Company, $16,000 trade-in on another machine; and Banks Equipment, $11,500 cash. The department wishes to accept the offer from Marcel Equipment and sell the equipment to the vendor for $24,000. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution declaring the 1994 model 816B Caterpillar Landfill Compactor, SN# 15Z01450 surplus and approve the sale to Marcel Equipment for $24,000 cash. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ Resolution fo~ disposal of E 1 SB Caterpi:iar.doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 23 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, New Hanover County Landfill has a 1994 model 8168 Caterpillar Landfill Compactor, SN # 15Z01450 that is surplus to the County's operations; and WHEREAS, the County has received the following offers for the equipment: Marcel Equipment, $24,000 cash; Gregory Poole Equipment Company, $16,000 trade-in on another machine; and Bank Equipment, $11,500 cash; and WHEREAS, the County's Landfill wishes to sell the equipment to Marcel Equipment, the company offering the best price, for $24,000 cash. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the 1994 model 816B Caterpillar Landfill Compactor, SN # 15Z0 1450 is to be declared surplus and sold to Marcel Equipment for $24,000 cash and that the Finance Director is authorized to sign aU related documents associated with this transaction. th This 9 day of July, 2007 (SEAL) William A. Caster, Chairman A TIEST: Sheila L. Schult, Clerk to the Board 24 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Consent Item #: 7 Estimated Time: Page Number: Department: Human Resources Presenters: Andre Mallette and Cathy Morgan Contact: Cathy Morgan SUBJECT: Approval of Creation of Electronic Records System Policy (Administrative and IT Policies) and Revision of Personnel Records Maintenance Policy (Personnel Policy) BRIEF SUMMARY: The County is seeking approval from the North Carolina Department of Cultural Resources (NCDCR) to begin maintaining County management records in an electronic records system rather than as paper records. The Board of Commissioners' approval of the proposed Electronic Records System Policy (attached) will enable us to proceed with the application to the NCDCR for permission to destroy paper records. We may seek similar permission for various County records. We are beginning the application process with County employee personnel records. Therefore, at this time, we are also requesting approval of proposed revisions to the personnel policy (attached) to reflect the transition from paper to electronic personnel records. Once we have completed the application to replace paper personnel records with electronic records in Human Resources, it should be fairly easy for other departments to go through the application process with NCDCR for other types of County records. This process will allow the County to: save valuable space which is now used for paper storage; more easily access older records; and ensure the security of records. We anticipate being able to eliminate some paper altogether by scanning paper records and creating the records electronically in lieu of paper records. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the proposed policy revisions. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: [gm ~ ........ . .. N H [I magingPolic}' Jinal. doc Personnel Records-I maging 2007. doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: Approve 25 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 26 ELECTRONIC RECORDS SYSTEM POLICY FOR NEW HANOVER COUNTY GOVERNMENT COUNTY MANAGEMENT RECORDS PURPOSE: Records are considered to be the property of the New Hanover County Government and maintained for the benefit of agency use in delivering services and in documenting agency operations. In keeping with current trends, modem electronic technology is widely used. This electronic imaging record policy reflects guidelines set forth in the North Carolina Department of Cultural Resources publication, North Carolina Guidelines for Managing Public Records Produced by Information Technology Systems. Established guidelines will not only increase the reliability and accuracy of records stored in information technology systems, but also ensures they remain accessible. Established guidelines for reproduced records will likewise enhance their admissibility and acceptance by the judicial system as being trustworthy. Privileged or confidential information will also be protected by this policy. This policy will be re-evaluated at least every fi ve years and updated as required. RECORDS TO BE SCANNED: As defined in the North Carolina Department of Cultural Resources publication, North Carolina Retention and Disposition Schedule - County Management, the following record types will be covered by this policy: . ADMINISTRATION AND MANAGEMENT RECORDS . BUDGET, FISCAL, AND PAYROLL RECORDS . BUILDING INSPECTION RECORDS . ANIMAL CONTROL AND SHELTER RECORDS . EMERGENCY SERVICES RECORDS . ENVIRONMENTAL AFFAIRS RECORDS . INFORMATION TECHNOLOGY RECORDS . LEGAL RECORDS . PARKS AND RECREATION RECORDS . PERSONNEL RECORDS . PLANNING AND ZONING RECORDS . PUBLIC RELATIONS RECORDS . PUBLIC TRANSPORTATION SYSTEMS RECORDS . RISK MANAGEMENT RECORDS . WATER, SEW AGE, ELECTRIC AND GAS RECORDS . WORKFORCE DEVELOPMENT RECORDS Destruction of the original paper record will be processed following imaging and quality control assurance. Paper records scheduled, as "permanent" in the Record Retention and Disposition Schedules for Counties and Municipalities, will not be purged unless a microfilm preservation duplicate is created prior to destruction. I 27 The document management system is designed to meet aU technical requirements as specified by the NC Department of Cultural Resources. Images scanned into the document management system are stored as Group IV TIFF images, and the indexes reside in a database in Microsoft SQL Server to provide a completely non~proprietary system. The vendor has supplied all documentation about the database layout and design to ensure that the images and indexes are readily accessible by the IT Staff of New Hanover County. The County IT Staff have been trained on the proper back~up techniques for both the images and the database and have committed the proper resources to manage the backup and general maintenance of the imaging server. Scanned records will be maintained for the specified retention periods according to the Record Retention and Disposition Schedules for Counties and Municipalities published by the North Carolina Division of Historical Resources. The original paper record will be shredded on Government premises by Department staff. Security backups of all imaged documents will be generated nightly and maintained off-site. A listing of all records imaged will be kept in electronic format along with a listing of the dates of destruction. Imaged records stored in the Document Management System will be considered the New Hanover County Government's "official" agency record. Any hard copy generated from the imaged records will be considered the agency's duplicate "working" record. TRAINING: Detailed documentation of system usage is available to the Government Staff Trainers on proper techniques for image capture, indexing, quality control, security configuration, auditing, and general system maintenance. The key imaging operators have received formal training in the use of the equipment All applicable Government staff will be trained in the correct procedures required for imaging and the reproducing of records. All applicable Government staff will be trained in the correct procedures for viewing imaged documents and for reproducing of any imaged document New Hanover County Staff Trainers will conduct any Ongoing end-user training. AUDIT TRAILS: Documentation of all imaging activities is maintained through audit trails built into the imaging system to protect the agency from potential fraud or any other unauthorized acts, as well as the authenticity of the records. Audit trail includes Success or Failure of the following events (at a minimum): Add/Edit Electronic Document Assign Index Template Copy Document Copy Pages Create Document/Folder Delete Entry Delete Pages 2 28 Delete Volume Edit Image Export DocwnentlBnefcase Insert Page Log inlout Move Document Move Pages AUDITS: Managerial staff for the various units ofthe agency will periodically audit imaged records for accuracy, readability, and reproduction capabilities. Hardcopy records will not be destroyed until the managerial staff has audited a sampling of those records for system's accuracy. A written audit report will be prepared indicating the sampling of records produced and what remedial procedures were followed if the expected level of accuracy was not achieved. DOCUMENTATION: Procedures: Staff trainers of the New Hanover County Government will be responsible for the preparing and updating of detailed procedures that will describe the process followed to produce and reproduce an automated record. This documentation will include a description of the system hardware and software. A current procedural manual will be maintained to assure the most current steps are followed and to assure reliable system documentation will be available for judicial or similar proceedings. Training: Documentation will be maintained for the distribution of written procedures, attendance of individuals at training sessions and refresher training programs and other relevant infonnation, including dates. Retention: One set of all system docwnentation, including docwnentation describing how the system operates from a functional user and data processing point of view, will be maintained pennanently in the event a court review is necessary. When system documentation changes, old versions will be maintained for 3 years after discontinuance of system and after all data (records) created by the system has been destroyed or transferred to a new operating environment. 3 29 AVAILABILITY OF SYSTEM FOR OUTSIDE INSPECTION: This agency recognizes the fact that the judicial system may request pretrial discovery of computer programs and related materials. Agency personnel will honor requests for outside inspection of the system and testing of data by opposing parties and the court. It will also honor inspection and copy requests pursuant to Chapter 132 of the North Carolina General Statutes. 4 30 ARTICLE X - PERSONNEL RECORDS AND REPORTS Personnel Records Maintenance Such personnel records as are necessary for the proper administration of the personnel system will be maintained by the Director of Human Resources. The County shall maintain in personnel records only information that is relevant to accomplishing personnel administration purposes. Access to Personnel Records As required by GS 153A-98, as amended by Chapter 926 of the Session Laws of 1981, any person may have access to the information listed below for the purpose of inspection, examination, and copying, during the regular business hours, subject only to such rules and regulations for the safe keeping of public records as the Board of Commissioners may adopt: (a) Name (b) Age (c) Date of original employment or appointment to County Service (d) Current position title (e) Duties performed (f) Current salary (g) Date and amount of most recent change in salary (h) Date of most recent promotion, demotion, transfer, suspension, separation, or other change in position classification. (1) Office to which the employee is currently assigned Access to such information shall be governed by the following provisions: (a) All disclosures of records shall be accounted for by keeping a written record (except for authorized persons processing personnel actions) of the following information: Name of employee; information disclosed; date information disclosed; name and address of the person to whom the disclosure is made; and purpose for which information is requested. This information must be retained for a period of two (2) years. (b) Upon request, record of disclosure shall be made available to the employee to whom it pertains. (c) An individual examining a personnel record may copy the information; any available photocopying facilities may be provided and the cost may be assessed to the individual. (d) Any person denied access to the information listed in this Article shall have a right to compel compliance with these provisions by application to a court for injunctive or other appropriate relief. 31 This page intentionally left blank. 32 Confidential Information AU information contained in a County employee's personnel file, o!her !han the information listed in this Article will be maintained as confidential in accordance with the requirements of as 153A-98 and shall be open to public inspection only in the following instances: (a) The employee or hislher duly authorized agent may examine all portions of his/her personnel file, except (I) letters of reference solicited prior to employment, and (2) information concerning a medical disability, mental or physical, that a prudent physician would not divulge to the patient. (b) A licensed physician designated in writing by the employee may examine all materials in the employee's medical records. (c) A County employee having supervisory authority over the employee may examine all material in the employee's personnel file. (d) By order of a court of competent jurisdiction, any person may examine such portion of an employee's personnel file as may be ordered by the court. (e) An official of any agency of the State of Federal government, or an political subdivision of the State, may inspect any portion of a personnel file when such information is deemed by the County Manager to be necessary and essential to the pursuance of a proper function of !he inspecting agency; but no information shall be divulged for the purpose of assisting in a criminal prosecution of the employee, or for the purpose of assisting in an investigation of the employee's tax liability. However, the Director of Human Resources may release the name, address and telephone number from a personnel file for the purpose of assisting in a criminal investigation. (f) An employee may sign a written release, to be placed with his/her personnel file, that permits the Director of Human Resources or hislher designee(s) to provide, either in person,. by telephone, or by mail, information specified in the release to prospective employers, educational institutions, or other persons specified in the release. (g) The County Manager, with concurrence of the Board of County Commissioners, may inform any person of the employment or non-employment, promotion, demotion, suspension or other disciplinary action, reinstatement, transfer, or dismissal of a county employee and the reasons for the personnel action. Before releasing the information the County Manager shall determine in writing that the release is essential to maintaining public confidence in the administration of county services or to maintaining the level and quality of county services. This written determination shall be retained in the office of !he County Clerk to the Board; +s-as a record available for public inspection and shall become part of the employee's personnel file. (h) Each individual requesting access to confidential information will be required to submit satisfactory proof of identity. (I) A record shall be made of each disclosure and placed in the employee's personnel file. 33 This page intentionally left blank. 34 Records of Former Employees The provisions for access to records apply to former employees as they apply to present employees. Remedies of Employees Objecting to Material in File An employee who objects to material in hislher personnel fUe may place in the file a statement relating to the material considered to be inaccurate or misleading. The employee may seek the removal of such material in accordance with established grievance procedures, provided he/she files the grievance within the prescribed time after he/she knew of the material being placed in the file (See Article VIII, Grievance Procedure). Safeguarding Confidential Information In order to insure the security and confidentiality of records, the County Manager shall establish administrative, technical and physical controls to protect confidential information from unauthorized access or disclosure. Medical records shall be maintained in confidential files, separate and apart from personnel files. Penalty for Examining and/or Copying Confidential Material Without Authorization GS 153A-98 provides that any person, not specifically authorized to have access to a personnel file designated as confidential, who shall knowingly and willingly examine in its official filing place, remove or copy any portion of a confidential personnel file shall be guilty of a misdemeanor and upon conviction shall be fine in the discretion of the court but not in excess of five hundred dollars ($500,00). Personnel Actions The County Manager shall prescribe necessary forms and report for all personnel actions, Destruction of Records Regulated No public official may destroy, sell, loan, or otherwise dispose of any public record, except in accordance with GS 121-5, without the consent of the State Department of Cultural Resources. Whoever unlawfully removes a public record from the office where it is usually kept, or whoever alters, defaces, mutilates, or destroys it will be guilty of a misdemeanor and upon conviction will be fined no less than ten dollars ($10,00) nor more than five hundred dollars ($500.00) .,..,As-as provided in GS 132-3. In accordance with the Record Retention and Disposition Schedules for Counties and Municipalities and the North Carolina Guideline.\',!lJr Managing Public Records Producl!d by li!fi.mlltltion Technology Systems. the Director of Human Resources or 35 This page intentionally left blank. 36 hislher designee will ensure that paper personnel records are properly scanned into and maintained in the County electronic Document Management System for the appropriate specified retention periods. The imaged records stored in the Document Management System will become the "official" records, and paper records may, thereafter, be shredded or otherwise properly disposed of by designated HR Department staff. The IT Director or hislher designee will be responsible for ensuring that specified security back- ups of imaged documents are generated and maintained off-sile. 37 This page intentionally left blank. 38 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. l. Consideration of a Proclamation to Declare July as "Parks and Recreation 41 Month" in New Hanover County 5:45 p.m. 2. Official Dedication of the New Public Safety 800 MHz Radio System 43 5:50 p.m. 3. Update on the Flemington Soccer Complex Interlocal Agreement 45 6:05 p.m. 4. Public Hearing and Consideration of Approval to Submit Application for 57 Rural Operating Assistance Program Funds in the Amount of$158,623 6:10p.m. 5.1 Public Hearing 59 Special Use Permit (S-576, 6/07) - Request by Monkey Junction Mini-Storage (Archie McGirt) via Withers & Ravenel to Grant a Special Use Permit for a Dwelling Unit Contained within a Principal Use in Association with a Mini- storage Facility to be Located at 2306 North 23rd Street in an AI Airport Industrial Zoning District 6:30 p.m. 5.2 Public Hearing 75 Modify Conditional District (Z-696 3/00; 10/05; Modification 5/07) - Request by Monkey Junction Mini Storage (Archie McGirt) via Withers & Ravenel to modify an Existing Conditional District in the Urban Land Classification Located at 5044 Carolina Beach Road to Add a Vehicle Washing Facility Use to the Site Plan and to Eliminate Other Commercial/Office Uses, Converting and Increasing the Approved Storage Use on the Site Plan of the Companion Special Use Permit in a CD(B-2) Conditional District. (Continuedfrom June 4, 2007 Commissioners' meeting) 7:00 p.m. 5.3 Public Hearing 93 Modify Special Use Permit (S-345, 11/92; 6/07 modification) - Request by Ogden Fire Department to Modify an Existing Special Use Permit by Removing Conditions to Allow for Residential Use in the Fire Station and to Allow Clearing of Underbrush in the Buffer Area Located at 907 Porters Neck Road in an R-20 Zoning District in the Transition Land Classification 7:20 p.m. Break 39 7:30 p.m. 5.4 Public Hearing 109 Modify Special Use Permit (S-329 3/91; 4/00; 8/03; Modification 6/07) - Request by David Girardot for UNC-W to Modify an Existing Special Use Permit to Modify the Approved Site Plan to Expand the Marine Sciences Center in an R-15 Zoning District Located off Masonboro Loop Road at 5600 Marvin K. Moss Lane to Add an 80,000 sq. f1. Bio-technology Laboratory Building and Oyster Hatchery and Remove Existing Condition #3 8:10p.m. 5.5 Public Hearing 125 Conditional Rezoning (Z-861, 4/07) - Request by Shanklin and Nichols, P A for ACI-Pine Ridge, LLC to Rezone Approximately 16.2 Acres Located offN. Market Street at Porters Neck Road in the Transition and Wetland Resource Protection Land Classifications from B-1 Neighborhood Business Zoning District to CD(B-2) Conditional District Highway Business to Locate a 169,000 sq. f1. Commercial Building for up to 42 Possible Uses 8:50 p.m. 5.6 Public Hearing 145 Modify Conditional Rezoning (Z-838, 4/06; Modification, 4/07) - Request by Shanklin and Nichols, P A for Mason Landing Yacht Club, LLC to Modify Existing Conditional District in the Resource Protection Land Classification Located at or Near 2029 Turner Nursery Road to Add 7.69 Acres from R-20S Residential District to the Existing CD(R-15) Conditional Residential District (Continued from the June 4, 2007 Commissioners' meeting) 9:25 p.m. 5.7 Consideration of Road Closing Resolution ofIntent (SC-84, 06/07) 169 9:30 p.m. Break 9:40 p.m. 6. Consideration of Heritage Park Drainage Improvement Project 175 9:50 p.m. 7. Consideration of Text Amendment to Stormwater Management Ordinance 179 9:55 p.m. 8. Meeting of the Water and Sewer District 185 10:35 p.m. 9. Non-Agenda Items (limit three minutes) 10:40 p.m. 10. Additional Items County Manager Commissioners Clerk to the Board County Attorney 10:50 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. 40 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Regular Item #: 1 Estimated Time: Page Number: Department: Parks Presenter: Neal Lewis Contact: Neal Lewis Item Does Not Require Review SUBJECT: Consideration of Proclamation to Declare July as "Parks and Recreation Month" BRIEF SUMMARY: The enclosed proclamation declares July as "Parks and Recreation Month" in New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Read the proclamation into the public record and vote to declare July as "Parks and Recreation Month" in New Hanover County. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ . .. P &. R Month RESOLUTIO~ldoc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 41 NEW HANOVER COUNTY BOARD OF COMMISSIONERS PARKS AND RECREATION MONTH PROCLAMATION WHEREAS, since 1985, the National Recreation and Parks Association has observed July as "National Parks and Recreation Month"; and WHEREAS, the citizens of New Hanover County and those across the United States more than ever realize the importance, value and benefits of parks, open space and recreational resources; and WHEREAS, the citizens of New Hanover County and those across the United States more than ever realize the importance, value and benefits of participating in wholesome active and passive recreational activities in order to lead healthier lives; and WHEREAS, the citizens of New Hanover County have demonstrated their desire and support for more active and passive parks and open space through the passage of the 2006 Parks Bond referendum; and WHEREAS, the Board of County Commissioners of New Hanover County recognizes the importance of offering our citizens more opportunities to enjoy parks, open spaces, recreational facilities and natural resources. NOW, THEREFORE, BE IT PROCLAIMED, by the New Hanover County Board of Commissioners, that the month of July 2007, be recognized as "PARKS AND RECREATION MONTH" in New Hanover County and that our citizens are encouraged to participate in their chosen form of active or passive recreation, and to enjoy the parks, open spaces, recreational facilities and natural resources our County has to offer. ADOPTED the 9th day of July 2007. William A. Caster, Chainnan ATTEST: Sheila 1. Schult, Clerk to the Board 42 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Regular Item #: 2 Estimated Time: Page Number: Department: Emergency Management Presenter: Warren Lee Contact: Warren Lee SUBJECT: Official Dedication of the New Public Safety 800 MHz Radio System BRIEF SUMMARY: In November 2004, New Hanover County awarded a contract to Federal Engineering, Inc. to provide a full independent assessment of the County's 800 M Hz public safety radio system and prepare a plan to address improving radio coverage, traffic-handling capacity, and providing a migration plan for APCO Project 25 standards compliance system-wide. On August 15, 2005 a contract was awarded to Motorola, Inc. for acquisition of infrastructure for the radio system project and new radio console equipment for the Public Safety Communications Center. At the same time a contract was awarded to Federal Engineering, Inc. for implementation and technical support during the project. In December 2005, the first major phase of the project was completed with the addition of a 5-channel analog system in the southern part of the county. In June 2006, the new Public Safety Communications Center came online with new Motorola dispatch consoles. On June 27, 2007, work was completed on New Hanover County's APCO P-25 compliant Motorola Astro 25 radio system. Personnel from Motorola, Federal Engineering, and Wireless Communications are present today to express their appreciation to New Hanover County for being part of North Carolina's first true Project 25 public safety radio system. RECOMMENDED MOTION AND REQUESTED ACTIONS: Acknowledge completion of the 800 M Hz radio system improvement project. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Acknowledge project completion. COMMISSIONERS' ACTIONS/COMMENTS: Acknowledged project completion. 43 This page intentionally left blank. 44 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Regular Item #: 3 Estimated Time: Page Number: Department: Parks Presenter: Neal Lewis Contacts: Bruce Shell, Neal Lewis SUBJECT: Update on the Flemington Soccer Complex Interlocal Agreement BRIEF SUMMARY: A public hearing was held on June 4, 2007 to receive input regarding New Hanover County and City of Wilmington funding for future maintenance and development of the Flemington Soccer Complex. The Board of Commissioners instructed the County Manager to pursue an agreement agreeable to New Hanover County, the City of Wilmington, and the Cape Fear Soccer Association. An update on this arrangement will be provided at this meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear update. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ ... . Remington Interloca! - FIN,!!..L E 27 {}7.doc REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear update. COMMISSIONERS' ACTIONS/COMMENTS: The item was withdrawn and will be heard on July 23, 2007. 45 STATE OF NORTH CAROLINA CONTRACT NO: COUNTY OF NEW HANOVER CONTRACT BETWEEN THE CITY OF WILMINGTON, NORTH CAROLINA; NEW HANOVER COUNTY AND CAPE FEAR YOUTH SOCCER ASSOCIATION, INC. THIS AGREEMENT, made this the day 2005, by and between the CITY OF WILMINGTON, NORTH CAROLINA (hereinafter called "CITY"), a municipal Corporation located in New Hanover County, North Carolina; NEW HANOVER COUNTY (hereinafter called "COUNTY"), a North Carolina body corporate and politic; and CAPE FEAR YOUTH SOCCER ASSOCIATION, INC., (hereinafter called "RECIPIENT"), a non-profit corporation organized under the laws of the State of North Carolina, having its principal place of business in New Hanover County, North Carolina; WIT N E SSE T H: WHEREAS, the CITY and COUNTY are authorized by Article 18 of Chapter 160A of the North Carolina General Statutes to provide, operate and maintain parks and recreation facilities for their citizens; and WHEREAS, the RECIPIENT has developed an athletic field complex ("Soccer Complex") in the Flemington Area in the vicinity of U.S. Highway 421 primarily for the support of youth soccer programs in New Hanover County; and WHEREAS, the Soccer Complex was developed on previously unusable land pursuant to a Brownfields Agreement with the North Carolina Department of Environment and Natural Resources; and WHEREAS, the Soccer Complex provides much needed recreational facilities for the residents of New Hanover County through a private initiative; and 46 WHEREAS, it is in the interest of the CITY and COUNTY to provide support for the Soccer Complex to ensure its viability as a public recreational facility; NOW, THEREFORE, for and in consideration of the premises and the terms and conditions hereof, the CITY, COUNTY and RECIPIENT do hereby agree as follows: 1. Purpose of Agreement The CITY and COUNTY have agreed to make public funds available to RECIPIENT in order that RECIPIENT may render public services to residents of the City of Wilmington and New Hanover County by maintaining the Soccer Complex and making it available for the use of CITY and COUNTY in public recreational programs. 2. Amount; Payment and Use of Funds 2.1 The CITY and COUNTY shall each pay one~half of the annual maintenance costs of the Soccer Complex as it exists on the date of this Agreement subject to the limits set forth herein. The total maintenance costs for the initial year of this Agreement shall be $150,000. This amount shall be subject to adjustment annually based on increases in the Consumer Price Index applicable to New Hanover County. 2.2 The CITY and COUNTY shall not be responsible for the payment of costs for repairs and improvements to parking facilities; improvement or replacement of landscaping materials; repair or improvements to the water or sewer system; repairs or cleaning of the restroom facilities; or development and operation of concessions. RECIPIENT shall be responsible for such items of work. 2.3 In addition to the maintenance costs, the CITY and COUNTY each agree to make payments to RECIPIENT during each year of this Agreement to support debt service on the Soccer Complex. The COUNTY's annual payment amount for debt service shall be $50,000 and the CITY's annual payment for debt service shall be $33,333. 2.4 The CITY AND COUNTY each shan pay one-half of their respective annual maintenance costs and debt service payments to RECIPIENT on July 1 and January I during each year of this Agreement. 2.5 Funds paid to the RECIPIENT will be used exclusively for the purposes and in accordance with the terms of this Agreement The expenditure of such funds for any purpose not authorized by this agreement shall constitute a material breach and shall cause the RECIPIENT to be in default hereunder. 3. Term of Agreement The term ofthis Agreement shall be from July 1,2007 through June 30, 2010. 47 4. Use of Soccer Complex 4.1 A facility oversight committee ("Committee") will be established to review compliance with the standards set forth in this Agreement. Management of usage of fields will be a primary responsibility ofthe Committee. Membership on the Committee shall include: a. Two COUNTY representatives (the New Hanover County Parks Director or a designee and a member of the Parks and Recreation Advisory Board) b. Two CITY representatives (the City of Wilmington Parks and Recreation Director or a designee and a member of the Parks and Recreation Advisory Board) c. One RECIPIENT (Cape Fear Soccer Association) representative 4.2 Recipient shall submit an annual schedule to the Committee of use of the facility for approval by the Committee on or before December 1 of each year for the following year. Once the schedule is approved by the Committee, requests for additional activities shall be considered. 4.3 The CITY and COUNTY shall have rights to the use of the fields or undeveloped property provided a minimum oftmee weeks advanced notice is given to RECIPIENT. Decisions on all non-RECIPIENT use ofthe facility will be made by vote of the Committee. 4.4 Based on substantial participation ofthe CITY and COUNTY, public access to the facility shall be a priority. Non-RECIPIENT use of the facility will be critical to addressing this priority. RECIPIENT and the CITY shall cooperate to provide opportunities for the involvement of inner-city youths in future soccer programming. The RECIPIENT shall ensure that ail of its programs are open to residents of the CITY and COUNTY at no or nominal cost. 4.5 All revenues specifically related to activities and events sponsored by the CITY and COUNTY will belong to the sponsoring agency. 4.6 Appropriate signage will be established by RECIPIENT indicating that financial support for the facility is being provided by the CITY and COUNTY. 4.7 RECIPIENT shall lease the remaining property at the site (approximately 36 Acres) to the COUNTY and the CITY as joint tenants for a period of Twenty-Five (25) years, commencing on July 1,2007, and ending on June 30, 2032. This property will be developed as a public park at a time and in a manner to be determined by the COUNTY and the CITY, in cooperation with the RECIPIENT. 4.8 The contractor selected by RECIPIENT for maintenance of the Soccer Complex shall operate on an annual contract basis. The contract will be subject to renewal based upon the recommendation of the Committee. 5. Tennination of Agreement Each party shall have the right to terminate this agreement by giving the other parties thirty (30) days written notice of termination. In the event of termination, RECIPIENT agrees to refund to CITY and COUNTY ail funds that were made 48 available to RECIPIENT under the provisions of this agreement which RECIPIENT retains as of the effective date of teooination. In addition, RECIPIENT shall provide CITY and COUNTY with a financial accounting,. as required by CITY and COUNTY, for all funds received by RECIPIENT and on hand up to the date of teooination. 6. Action of CITY and COUNTY in the Event of Breach of Contract In the event that review of RECIPIENT'S perfoooance shows non-confoooance to any of the teoos or conditions contained herein, the RECIPIENT shall be in breach of this agreement and the CITY and COUNTY may take corrective action they deem necessary, including, but not limited to, withholding or reduction of any funds not yet paid to RECIPIENT. In addition, CITY and COUNTY shall be entitled to repayment of any funds previously paid to RECIPIENT in accordance with the provisions of this agreement. 7. Perfoooance Reports: Audit 7.1 Throughout the teoo of this agreement, the RECIPIENT shall track its perfoooance in achieving the public purposes of this Agreement and submit a perfoooance report to the CITY and COUNTY with the annual audit. 7.2 The RECIPIENT shall have an audit perfoooed for the fiscal year in which funds are received by it pursuant to the provisions of this agreement and shall file a copy of the audit report with the CITY and COUNTY pursuant to N.C.a.S. 159-40. The audit must be conducted by a Certified Public Account (CPA) in accordance with standards established by the American Institute of Certificate Public Accounts (AICP A). The audit shall be submitted to the Budget Offices of the CITY and COUNTY within ninety (90) days of the end of the RECIPIENT's fiscal year. In conjunction with the audit, the RECIPIENT must provide a written report that states how the RECIPIENT has addressed any and all audit findings related to the use of funds and that the findings have been resolved. 8. Compliance. With Applicable Laws 8.1 RECIPIENT agrees that in carrying out activities of any kind funded with the moneys made available under the provisions of this agreement, it shall comply with aU applicable local, state and federal laws and regulations. 8.2 Prior to the receipt of any funds under this agreement, the RECIPIENT shall report any potential conflict of interest transactions to the CITY and COUNTY. 8.3 The RECIPIENT agrees to make its records and minutes available for public inspection, subject to the North Carolina Public Records Act. Any documents received by the CITY and COUNTY from the RECIPIENT in connection with this Agreement may be subject to the Public Records Act. The infoooation that might be 49 subject to public inspection includes, but is not limited to, financial statements, income information, credit reports, and statistical information on service recipients. 9, Financial Records 9.1 RECIPIENT agrees to establish and maintain fiscal control and accounting procedures which assure the proper accounting of aU funds paid by CITY and COUNTY to RECIPIENT, RECIPIENT agrees that aU records with respect to all matters covered by this agreement shall be maintained for three (3) years after the date on which this contract terminates. 9.2 RECIPIENT agrees that the City and County Managers or their designated representatives shall have access to and the right to inspect and copy at reasonable hours all books, records, documents and papers of RECIPIENT concerning all funds, and the use thereof, made available to RECIPIENT under the provisions of this agreement. 9.3 In addition to the annual audit, RECIPIENT agrees to provide aU financial information or reports which may be reasonably requested by CITY and COUNTY concerning the use of funds made available under the provisions of this agreement. 10. Special Conditions 10.1 The RECIPIENT shall have a functioning audit committee consisting of at least three directors. The committee will be responsible for recommending an independent accountant and discussing the accountant's procedures to be followed during the audit or review, The committee will be responsible for assuring that any organizational weaknesses be identified by the independent accountant. 10.2 The RECIPIENT shall provide in a timely fashion any audit or progress report, etc. If they are not provided in a timely fashion, the CITY and COUNTY may withhold payments under the contract until such documents are provided, 11. Liabilitv Insurance 11.1 RECIPIENT shall maintain throughout the term of this Agreement a policy of commercial general liability insurance with combined single limit coverage for bodily injury and property of not less than Two Million Dollars ($2,000,000) per occurrence relating to the Soccer Complex. RECIPIENT shall cause the insurer to name CITY and COUNTY as additional named insureds on said policy. 11.2 The policy required under this paragraph shall contain an agreement by the insurer that it will not cancel such policy except after thirty (30) days prior written notice to CITY and COUNTY. 11 ,3 Prior to the commencement of this Agreement, RECIPIENT shall deliver to CITY and COUNTY certificates of insurance required to be maintained hereunder by 50 RECIPIENT. RECIPIENT shall also deliver to CITY and COUNTY, at least twenty (20) days prior to the expiration date of such policy or policies, certificates of the renewal of such insurance policy or policies. 12. Release and Indemnitv To the fullest extent permitted by law, RECIPIENT shall release, indemnify, keep and save harmless the CITY and COUNTY, their agents, officials and employees, from any and all responsibility or liability for any and all damage or injury of any kind or nature whatever (including death resulting therefrom) to all persons, whether agents, officials or employees of the CITY and COUNTY or third persons, and to all property proximately caused by, incident to, resulting from, arising out of, or occurring in connection with, directly or indirectly, the performance or nonperformance by RECIPIENT (or by any person acting for the RECIPIENT or for whom the RECIPIENT is or is alleged to be in any way responsible), whether such claim may be based in whole or in part upon contract,. tort (including alleged active or passive negligence or participation in the ""Tong), or upon any alleged breach of any duty or obligation on the part of the RECIPIENT, its agents, officials and employees or otherwise. The provisions of this Section shall include any claims for equitable relief or for damages (compensatory or punitive) against the CITY and COUNTY, their agents, officials, and employees including alleged injury to the business of any claimant and shall include any and all losses, damages, injuries, settlements, judgments, decrees, awards, fines, penalties, claims, costs and expenses. Expenses as used herein shall include without limitation the costs incurred by the CITY and COUNTY, their agents,. officials and employees, in connection with investigating any claim or defending any action, and shall also include reasonable attorneys' fees by reason of the assertion of any such claim against the CITY and COUNTY, their agents, officials or employees. The RECIPIENT expressly understands and agrees that any performance bond or insurance protection required by this agreement, or otherwise provided by the RECIPIENT, shall in no way limit the RECIPIENT'S responsibility to release, indemnify, keep and save harmless and defend the CITY and COUNTY as herein provided. The intention of the parties is to apply and construe broadly in favor of the CITY and COUNTY the foregoing provisions subject to the limitations, if any, set forth in N.C.G.S. 22B-1. 13. Personnel It is mutually agreed that RECIPIENT is an independent contractor and not an agent of the CITY or COUNTY, and as such the RECIPIENT shall not be entitled to any CITY or COUNTY employment benefits, such as, but not limited to, vacation, sick leave, insurance, worker's compensation, or pension and retirement benefits. 51 14. Conflict of Interest No paid employee of the CITY or COUNTY shall have a personal or financial interest, direct or indirect, as a contracting party or otherwise, in the performance of this agreement. I S. Non-Waiver of Rights It is agreed that the failure of the CITY or COUNTY to insist upon the strict performance of any provision of this agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement 16. Assignment of Agreement It is mutually agreed by the parties hereto that this agreement is not transferable by either party without the written consent of the other party to this agreement. 17. Entire Agreement The agreement constitutes the entire understanding of the parties. 18. Binding Effect The agreement shall be binding upon the heirs, successors, assigns, agents, officials, employees, independent contractors, and subcontractors of the parties. 19. Continuing Obligation The parties will make and execute all further instruments and documents required to carry out the purposes and intent of the agreement 20. Reference Use of the masculine includes feminine and neuter, singular includes plural; and captions and headings are inserted for convenience of reference and do not define, describe, extend or limit the scope of intent of the agreement. 21. Interpretation All of the terms and conditions contained herein shall be interpreted in accordance with the laws of the State of North Carolina. In the event of a conflict between the various terms and conditions contained herein or between these terms and other applicable provisions, then the more particular shall prevail over the general and the more stringent or higher standard shall prevail over the less stringent or lower standard. 52 22. Saving Clause If any section, subsection, paragraph, sentence,. clause, phrase or portion of this agreement is for any reason held invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shalt be deemed severable and such holding shall not affect the validity of the remaining portions hereof. 23. Amendments This agreement shall not be modified or otherwise amended except in writing signed by the parties. 24. Non-Discrimination RECIPIENT will take affirmative action not to discriminate against any employee or applicant for employment or otherwise illegally deny any person participation in or the benefits of the program which is the subject of this agreement because of race, creed, color, sex, age,. disability or national origin. To the extent applicable, RECIPIENT will comply with all provisions of Executive Order No. 11246 the Civil Rights Act of 1964, (P.L. 88-352) and 1968 (P.L. 90-284), and all applicab1.e federal, state and local laws, ordinances, rules, regulations, orders, instructions, designations and other directives promulgated to prohibit discrimination. Violation of this provision, after notice, shall be a material breach of this agreement and may result, at the option of the CITY or COUNTY, in a termination or suspension of this agreement in whole or in part. IN WITNESS WHEREOF, the CITY, COUNTY and RECIPIENT has caused this Agreement to be duly executed in its name. CITY OF WILMINGTON, NORTH CAROLINA WITNESS By: Sterling B. Cheatham, City Manager Steven D. Bridges, Purchasing Manager (CORPORATE SEAL) APPROVED AS TO FORM: Thomas C. Pollard, City Attorney ~,._.._._.". 53 CITY ACCOUNTANT'S CERTIFICATION This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act this the day of ,20_, W. Brent McAbee, Finance Director NEW HANOVER COUNTY By: Chair of the Board ATTEST: County Clerk (SEAL) APPROVED AS TO FORM: - County Attorney COUNTY ACCOUNTANT'S CERTIFICATION This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act this the day of ,20_ Finance Director CAPE FEAR YOUTH SOCCER ASSOCIATION, INC. ATTEST: By: President, Vice President, Assistant Vice President Secretary, Assist. Secretary, Treasurer (CORPORATE SEAL) 54 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, , a Notary Public, certify that personally came before me this (Secretary, Assist. Secretary, Treasurer) day and acknowledged that he (she) is (Secretary, Assist, Sec., Treasurer) of , a corporation, and that by (Name of Corporation) authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its ..... , sealed (President, Vice President, Assist. Vice President) with its corporate seal and by himself (herself) as its (Secretary, Assist, Sec., Treasurer) Witness my hand and official seal, this the day of 20 - Notary Public My Commission expires: (SEAL) '~""~''''';''~-'''''' ,,-"'-,,-'____n'_. 55 This page intentionally left blank. 56 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Regular Item #: 4 Estimated Time: Page Number: Department: County Manager Presenters: Albert Eby, Transit Director and Arlanda Rouse, Assistant Transit Director of Wave Transit Authority Contact: Patricia A. Melvin SUBJECT: Public Hearing and Consideration of Approval to Submit Application for Rural Operating Assistance Program Funds in the Amount of $158,623 BRIEF SUMMARY: New Hanover County is eligible to receive $158,623 via the N. C. Department of Transportation's Rural Operating Assistance Program (ROAP) for FY 2007-2008. Funding must be used to provide transportation services to specific populations of the unincorporated areas of the County. Funding categories and amounts as determined by NCDOT are: Elderly and Disabled Transportation Assistance Program (EDTAP) $88,245 Employment Transportation Assistance Program (EMP) $14,561 Rural General Public (RGP) Transportation Program $55,817 RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct public hearing, approve request to submit application for funds, direct Chairman Caster, County Manager and County Attorney to execute appropriate certifications and assurances for the application; and accept grant if awarded. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: The ROAP Application FY 2007-2008 is available for review in the County Manager's Office. ~ ~ Wave -,Appendt<: B - Sub-,Ajiocation Worksheet xis Wave- FY2W7-2WS. RO.A'p Information and Instructions.doc ~ ........ V'I'ave-FY2W7-2WS. RO.'\P .App!ication.doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: 57 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Conduct public hearing. Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Conducted public hearing and approved 5-0. 58 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Regular Item #: 5.1 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Special Use Permit (S-576, 6/07) - Request by Monkey Junction Mini-Storage (Archie McGirt) via Withers & Ravenel to Grant a Special Use Permit for a Dwelling Unit Contained within a Principal Use in Association with a Mini- Storage Facility to be Located at 2306 North 23rd Street in an AI Airport Industrial Zoning District BRIEF SUMMARY: At its June 7, 2007 meeting, the Planning Board voted 7-0 to recommend approval of the request. No one from the public spoke. 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: ~ ~ ........ . .. 5 -576-5 laff 5 ummar}'. doc 5 -576-Pelition 5 ummar}'. doc adjacent property map, applicant materials, and site plans (5) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 59 SPECIAL USE PERMIT 8-576,3107: Dwelling Unit contained within a Principal Use Request By: Withers & Ravenel for Monkey Junction Mini-Storage (Archie McGirt) Location: 2306 North 23rd Street Acres: 6.86 PLANNING BOARD ACTION: At its June 7, 2007 meeting, the Planning Board voted 7-0 to recommend approval of the request. No one from the public spoke. Preliminary Staff Findings l. 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 Wrightsboro Volunteer Fire District. B. City water wm serve the facility C. County sewer is approved for the mini-storage project. D. A small percentage ofthc subject property is located in a 100-year floodplain. E. Access to the site is from N. 23'" St., an identified urban major arteriaL F. NCDOT has issued a driveway permit. 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 AI- Airport Industrial Zoning District. A Special Use Pennit allows a dwelling unit within a principal use in the AI District under certain conditions. B. The residence is only to be used by the resident manager and is intended to provide on-site security for the business in accordance with 72-29(2) of the ordinance. C. The building provides a minimum 10 foot site yard and 20 foot rear yard in accordance with the provisions of 72-29(3) of the ordinance, D. The site plan indicates unobstructed open space of 1,922 sq. ft., consistent with 72-29(4). E. The proposed office/residence use is proposed at approximately 3,000 sq. ft, gross floor area. The residence does not exceed 50% of the area in accordance with 72-29(5) of the ordinance. F. The dwelling will be an upper story residence over the mini-storage office, consistent with 72-29(6) ofthe ordinance. G. Off-street parking indicates 2 spaces for the residence In addition to the requirements for the office use, in compliance with 72-29 (7) ofthe ordinance. H. A building layout plan is included with the site plan as required by 72-29(8) of the ordinance. 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. Surrounding properties are industrial in nature.. B. No evidence has been presented that the proposed use wi II injure the value of adjoining or abutting property values. 60 4. The Board must find tbatthe location and character of tbe 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 eonformity with the plan of development for New Hanover County. A. The New Hanover County Comprehensive Plan classifies this location as Transition. The Transition Class is intended to provide for "continued intensive urban development on lands that have been or will be provided with necessary urban services. B. Surrounding land uses include the northside wastewater treatment plant, the airport and manufacturing use. Staff Comments: 1. Staff feels the findings are positive. ACTION NEEDED: (Choose one) 1. Motion to Grant the companion special use permit (with or without reeommended conditions) 2. Motion to table the item in order to receive additional. information or documentation (Specify). 3. Motion to Deny based on speeific 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. ----.....-.......... 61 Case: S-576 (6/07) Petition Summary Data OwnerlPetitioner: Monkey Junction Mini-storage (Archie McGirt) by Withers & Ravenel Existing Land Use: Vacant land zoned Airport Industrial (AI) Zoning Historv: Airport Area; October 4, 1976 Land Classification: Transition and Conservation Water Type: Public (City) Sewer Type: Public (County) Recreation Area: Cape Fear Optimist Park Access & Traffic Volume: Access from North 23rd Street (arterial) ADT 14,950 (12/06) vs. 18,918 (6/03); ~21% Level of Service (LOS): E in 2005 (at capacity) Fire District: Wrightsboro Volunteer FD Watershed & Water Ouality Classification: Smith Creek Watershed (C; SW) Aquifer Recharge Area: Secondary recharge area for Castle Hayne and PeeDee where occurring near land surface under water table conditions; transitioning to chiefly a discharge area for groundwater flow ConservationlHistoric/Archaeological Resources: portion AE flood zone; portion swamp forest Soils: Le~Leon soil (HI); Se-Seagate fine sand (II); DO-Dorovan (IV) Septic Suitability: Class III~ severe limitations; Class 11- moderate limitations; Class IV ~ unsuitable Schools: Freeman Elementary 62 ~ :cc " " c E "0; ~ '" ~e J si " (be. c: . ,till " N..... H "iC) ,," ~..J ~:2 > ~ o rll< 'llll< a:e 4l'~ ...:5 <li~ S "S"ji .., ~ ta :,~ ~~i Q."'O ~Z._ _ cO~.S ci4p." 63 ,... 1i~"g~.2 ' ., '9 l~ ~ ~) . en "" -ll!.I This page intentionally left blank. 64 APPLICANT MATERIALS 65 Complete petitions and all supplementary infomlation 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, induding 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 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:' A Special Use Pennit is required for a "dwelling unit contained within a principal use." The mini-storage project has been approved for construction. Access to the facility is from N. 23'0 Street (S.R 1302), a public right-of-way and major collector road. An NCDOT driveway permit has been issued. Fire service is from the Castle Hayne district. Water service is approved from the City of Wilmington public system. Sanitary sewer servke is approved from the New Hanover County public system. General Requirement #2 The Board must find "that the use meets all required conditions and specifications" ofthe Zoning Ordinance". The site plan for the principaI use meets all of the standards and regulations of the County Zoning Ordinance, The residential unit has been designed in accordance to all building codes. Page 2 of 4 SUP 02107 66 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," Adjacent uses are the airport, a box manufacturing company, and the municipal sewer plant across the road. A residential use within the mini-storage facility will provide security for the property. There is no evidence to suggest that it would have any adverse effect of the adjacent property values. 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 hannony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County," The location of a residential unit for housing of an employee of the mini-storage facility is a typical situation, On-site staff is important in assuring the security of the business, and for the safety of the clients using the facility. The Zoning Ordinance in some instances also imposes additional specific requi,rements on the use requested by the applicant. The applicant, should be prepared to demonstrate that the proposed use would comply witb each specific requirement found in section 72, additional restrictions imposed on certain special uses (as applieabl.e). He/She should also demonstrate that the laod would be used in a manner consistent with the pl.ans and policies of New Hanover County. The Board ofCommwiouet'S may impose additional conditions and restrictions that they deem appropriate prior to the issuiog of the Special Use Permit. I certify that this application is complete and that an of the information presented in this application is accurate to the best of my knowl.edge, information, and belief. '((., -, Signature ~...,4:G., A. W ~,~ Print Name Page 3 of 4 SUP 02/07 67 Monkey Junction Mini-Storage N. 23rd Street Facility Project Narrative for Spedal Use Permit The developer proposes to locate a residential apartment for habitation by an on- site employee of the facility, The unit is on the second floor of the office building. There are two bedrooms and all of the other customary living accommodations, for a total of 1500 sJ. The location of a residential unit for the housing of an employee is common for large mini-storage facilities such as this. 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" I I lll~ lIb 73 This page intentionally left blank. 74 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Regular Item #: 5.2 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Modify Conditional District (Z-696 3/00; 10/05; Modification 5/07) - Request by Monkey Junction Mini Storage (Archie McGirt) via Withers & Ravenel to Modify an Existing Conditional District in the Urban Land Classification Located at 5044 Carolina Beach Road to Add a Vehicle Washing Facility Use to the Site Plan and to Eliminate Other Commercial/Office Uses, Converting and Increasing the Approved Storage Use on the Site Plan of the Companion Special Use Permit in a CD(B-2) Conditional District (Continued from the June 4, 2007 Commissioners' Meeting) BRIEF SUMMARY: At its May 3, 2007 meeting, the Planning Board voted 3-1 to recommend approval of the requested modification, including the staffs concerns, excepting item 2 on the staffs list. No one from the public spoke on this item. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve or deny the conditional use rezoning portion of the request. If the rezoning is approved the County Commissioners must approve or approve with conditions the accompanying special use permit. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ Z-696 Slaff Summar}' 5-07.doc Z-696-Pelition Summar}'.doc adjacent property map, existing special use permits (Z-696), approved site plan (2000), project narrative, and proposed site plans /TEM DOES NOT REQU/RE REV/EW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 with the two conditions identified by staff. 75 f~c{ 7l1/{} 1 CASE: z..696,3/00, 10/05; Modification 5/07 (Continued fi'om the June 4 meeting) APPLICANT: Withers & Ravenel for Archie McGirt Monkey Junction Self~Stonge REQUEST: CD(&-2) Expansion of Sel.f~Storage I"a.cility ACREAGE: 9.4 Acres LOCATION: 5044 Carolina Beach Road South of Silver Lake Road LAND CLASS: Urban - The purpose of the Urban elass is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban. services are already in place or scheduled within the immediate future. PLANNING BOARD ACTION: At it's May 3, 2007 meeting, the planning board voted 3~1 to recommend approval of the requested modification, including the staffs concerns, excepting item 2 on the staff's list. No one from the public spoke on this item. ZONING CASE HISTORY: In March 2000, the petitioner submitted a rezoning request for several parcels to the north and south of the subje.cl property totaling approximately 205 acres and having 1600 feet of frontage on Carolina Beach Road. Staff recommended denial of that request and after some discussion at the public hearing the petitioner returned in June 2000 with a modification that included a conditional use rezoning for a smaller portion of the overall request. The Planning Board recommended approval of the Conditional Use Be2 proposal with certain conditions. The 2000 site plan identified 88,977 S.f. of storage, 16,000 s.f. of office and 8,800 s.f. of commercial area. (113,777 sq. ft. total) The CD(B-2) rezoning was approved by the Board of Commissioners in July of 2000 for mini-storage and specified commercial uses, with the following four recommended conditions: I) Provide a 20' buffer yard to the rear or western portion of the property. 2) Fencing around the storage buildings will be estate type fencing with brick columns, 3) Lighting for the facility will be unobtrusive down lighting, 4) The Uses for the front two buildings (labeled 16,000 s. f. and 8,800 sJ. office) are limited to the attached list of uses as presented. In 2002, an administrative modification allowed for shifting of structures and the approved site plan established total development area of 103,363 sq. ft. In November of 2005, the Board of Commissioners approved a revision of the approved conditional district site plan, allowing the applicant to increase the warehouse storil,ge space to a total of 104,700 s.f.; re-oriented the buildings on the site plan; and reduced the size ofthe commercial and omce buildings from a total of 24,800 s.f. to 14,136 s.f. Uses and other conditions of the original approval were not modified. STAFF SUMMARY: The petitioner is now requesting another revision to the current Conditional Use Site Plan. The following table is a comparison of the two site plans; Approved Site Plan Proposed Modifications Storage = 104,700 s.f. +17,400d. 122,100 s.,f. Office/Res. 2,024 s,[ 2,024 s.f. Office/Commercial 9,564 s.f. -0-8,( Garage 2,548 s.f. 2,548 s,f. Add Carwash eO- 4.090 s.f. Requested Total 118,836 s.[ 130,762 s. f. Increase 11,92(i s.f. 76 . The proposed revision significantly redefines the originally approved mixed use proposed and adds a caTWash use not originally included on the list The overall increase in square footage from the original proj ect is about 15%. The surrounding land uses are primarily residential with some commercial further north and some commercial to the south. The commercial districts in the area generally occur where main subdivision TOads intersect Carolina Beach Road. Similarly, the subject property is adjacent to the main entrance to ArchmiU Place, which is a subdivision to the west of the subject property and provides a connection to other residential areas further to the west This plan changes the original mix of uses proposed along the Carolina Beach Road frontage, which could have provided useful goods and services for the adjacent neighborhood as well as break up the view of mini warehouse buildings. Staff believes the square footage ofthe facility, as currently approved (118,836 s.O should not be expanded but would support transitioning the square footage allocated to the southernmost commercial building (6,372 s.f.) from commercial to storage use provided bays open only toward the southwest and architectural details provide an appearance of a front fayade along Carolina Beach Road rather than a building back wall. Applicant has adjusted the site plan to indicate that the existing fencing will remain in place along the highway frontage and adjacent property Hne and that no additional signage should be allowed, as suggested by staff in relation to the car wash. Also, if this proposal is approved, the revised site plan also reflects the reduction in the list of uses on the originally approved list to include only storage, caTWash and officelresidential unit. The original conditions of the Special Use Pell1li.t relating to setbacks, buffering, lighting, fencing and architectural details should continue and become a part of this revised Site Plan. ACTION #1 NEEDED: Adopt a statement ill accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting allY zoning amendment, the governing board shall adopt a statement describing whether the action is consistent witb 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 modifying a zoning map amendment granted for CD(B~2) Conditional District Highway Commercial is (or is not): l. Consistent with the purposes and intent of the Urban land classification and the associated land use policies adopted in the 2006 land use plan; 2. The currently approved developable square foot.age (118,836) should not be increased. (The Planning Board recommends removing this limitation) 3, Reasonable and in thelJubHc Interest to allow modification ofthe originally agreed upon conditions in this location and under the terms and conditions outlined in a companion special use pell1li.t. Preliminary Staff Findings l. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The site is served by public water and sewer. 8. The site has access from Carolina Beach Road C. Fire service is provided by Myrtle Grove VFD 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. 77 . . A. The development to date has been in accordance with the originally approved or modified permit. B. The original approval of the conditional district envisioned the commercial areas as a potential public benefit to surrounding residential areas as well as a front visual buffer from the storage area to the rear. This proposal would modify the premise ofthe original approval of the conditional district to that extent. C. The original conditional district was approved based on a specified developable area. That area has already bt.>en increased once to add more storage. Incrementally increasing the intensity of use changes the premisc upon which the conditional district was originally offered and approved. D. Thc proposed total square footage of 130,762 would constitute a 15% increase ovcr the originally approved project. 3. The Board must find that the use will not substantially injure the val.ue of adjoining or abutting propert)' or that the use is a public necessity. A. Sufficient setbacks, landscaping and buffering are currently provided for the existing development and surrounding residenlial property. 4. The Board must find that the location and ch.aracter of the use if developed aceording to tbe pl.an as submitted and approved will be in harmony with the area in which it is to be I.ocated and in general conformity with the plan of development for New Hanover County. A. The site is located in the "Urban" land classifieation as defined by the 2006 CAMA Land Use Plan. Intensive development and redevelopment of these areas is encouraged. Planning Staff Concerns: 1) Additional buffering to protect the residential properties to the north should be provided. 2) Storage units should not open toward the fronl oflhe property. ACTION #2 NEEDED: (Choose one) 1. Motion to Grant the companion 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 ad.equately meet requirements ofthe ordinance. 78 Case: Z-696, 3/00; modification 11/05; modification request 5/07 Petition Summary Data OwnerlPetitioner: Withers & Ravenel for Archie McGirt Monkey Junction Self- Storage Existing Land Use: Commercial ~ mini storage Zoning History: Area 4 (April 7, 1971); (3/00); (11/05) Land Classification: Urban Water Type: City Sewer Type: County Recreation Area: Arrowhead Park Access & Traffic Volume: Carolina Beach Road (arterial) ADT 29,825(2003) compared to 33,339 (6106) + 12%; LOS E Fire District: Myrtle Grove VPD Watershed & Water Qualitv Classification: Mott's Creek C(SW) Aquifer Recharge Area: Transition between Primary and Secondary Recharge areas of the principal aquifers ConservationMistoricl Archaeological Resources: None Soils: Le - Leon Soil; St- Stallings Septic Suitability: Class III (Le) - severe limitations; Class II (St) ~ moderate limitation Schools: Williamson Elementary 79 -, 'u'. 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'\:1 " II" ~;h :*, ~ 1>:, ~ tl ~ ~ Ii i.~~ ~I~ I~ bID ,,",,- '"' t!it · 0 ~ "- N :E...J<( ..... 80 ~ ADDENDUM FOR SPECIAL USE ORDER Case: Z-696, 3/00,10/05 and further revised for CD (B-2) The following Findings will be changed as noted. Any additional conditions adopted by the Board of Commissioners will also be listed on the Order. 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 of the County Zo.ning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. Z. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the frrst general Tef.IUirement 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 site has direct access to Carolina Beach Road. B. The site is served by private septic and community water. 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. A site plan shall meet all of the requirements of the Ordinance. B. Additional setbacks and buffering may be necessary if this entire petition is not successful 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not . substantially injure the value of adjoining or abutting property, or that the use is a public necessity.. In support of this conclusion. the Commissioners make the following FINDINGS OFFACf: A. One parcel within the rezoning area has been zoned and used for light industrial purposes since 1985. B. A traffic Impact Analysis has been submitted and the recommended roadway improvements have been incorporated into the plans. C. Provided sufficient l!etbacks, landscaping and buffering are provided the surrounding residential property should be p!,"'Otected from the development D. The proposed street stubs to adjacent properties may actually improve access to future residential projects to the rear of the project 5. It is the County Conunissioners' 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 Han'Over C'Ounty. In support of this conclusion, the Conunissioners make the f'Ollowing FINDINGS OF FACT; A. The site is classified as developed by the New Hanover County land Classification Plan. The purpose of the developed class is to provide for continued intensi ve development and redevelopment of existing urban areas. These areas are already developed at a density 81 approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. B. Although this CD (B~2) area is not directly adjacent to any other existing commercial zone there are no other commercial uses and zoning nearby. 6. Therefore, because the County Commissioners conclude that all of the general and 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. That the applicant shall fuIly comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If .any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shaH become void and of no effect. C. That the applicant expands the self-storage facility by 15,200 sq ft. D. Other: 1. An other applicable federal, state and local laws. 2. Provide a 20' buffer yard to the rear or western portion of the property. 3. Fencing around the storage buildings will be estate type fencing with brick colunms. 4. Lighting for the facility will be unobtrusive down lighting. 5. The Uses for the front two buildings (labeled 6,372 d. and 3,192 s.O are limited to the attached list of uses as presented. Ordered this 7th day of November 2005. ~~.eSL Robert G. Greer, Chairman Attest: ~\~ \...~~~\\- Clerk to the Board 82 ~ , . COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE B-2 ZONING DISTRICT For Mini-Warehouses and specified Commercial Businesses . , Z.696, 03/00 The County Commissioners for New Hanover County having held a public hearing on July 10, 2000 to consider application number Z~696 submitted by Mr. Alton Lennon for Mr. Archie McGirt, a request for Conditional Use B-2 Highway Business Zoning District located on the south west side of Carolina Beach Road south of Silver Lake Road, 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 oCthe 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 nOES 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 site is served by Community water and private septic. B. The site has access from Carolina Beach 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 development shall be in accordance with the New Hanover County Zoning Ordinance. B. Additional setbacks and buffering may be necessary if this entire petition is not successful. 4. It i~ the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property., or that the use is a public necessity. In Support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Provided sufficient setbacks, landscaping and buffering are provided the surrounding residential property should be protected from the development B. The proposed street stubs to adjacent properties may actually improve access to future residential projects to the rear of the project. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ord inance; 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 conform ity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 83 . A. The site is located in the "Developed" land classification as defined by the 1999 Comprehensive plan. Intensive development and redevelopment of these areas is encouraged. . B. Although this CD(B-2) area is not directly adjacent to any other existing commercial zone there are other commercial uses and zoning nearby. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance' of a SPECIAL USE PERlYITT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. c. All other applicable federal, state and local laws.. D. Other Conditions: " 1) Provide a 20' buffer yard to the rear or westem portion of the property 2) Fencing around the storage buildings will be estate type fencing with bick columns. 3) Lighting for the facility will be unobtrusive down lighting 4) The uses for the front two buildings (labelea 16,000 s.f. and 8,800 5,[ office) are limited to the attached list of uses. All other buildings are Mini-Warehouse buildings with one associated office/apt Ordered this] Olh day ofJuly 2000. William A. Caster, Chairman Attest Clerk 10 the Board 84 PERl\1tTTF.D USES Kennels (No Outside Rung) Vetcrinaries Wholesale NtJ rseries & Greenb OlIses SiieciaJ Tradc arid General Co.ntractors with no Outside Storage ~in i- Wareb ouses Other CommunicAtion Facilities Post Offices \Varehousing 'Vbolesaling with n{) Outside Storage Apparel & Accessory Stare Boat Ilealers BuildIng Materials & Gl:I.rden~Supplies Convenience Food Store DrugStore E:.ting & Drinking Places Farm Implement ;3ales Food Stores Fruit & Vegetable Stand Produced on Samc l>arcel ns OHered for Sale Furniture, Home Fumishing & Equipment General Merch:mdise Stores HllndcfaftinR Small Articles ~ H an:h"<;'are . Landscaping Service '1\1 isecllnneous Retail Retail Nurseries Banks, Credit Agencies, Savings & Loans Business Services Including Printing Eq utpm~nt Renb\' & Lensing Personal Services \V~"\tch, Clock, Jewelry Repair Churches Accessory Buildings or Uses, Clearly Incidental to the Permitted Use or Buildioo (see Section 62) . " Government Offices & Buildings Offices for Privatc Busincss & F'rofcssional ^ctivities Temporary' Sign jlMis2000 perm.use 85 . j--l It\. i:1 rl~ "'I~ "f hl~ g iili it!: J ;i'~i' td j,q I " i' .111'< I jiij; ,Hi! I r'" . .... 0" iUi~ pm ! 1", ~ ~.-.- ! '<.l " -=-,._~~ ._- ---------------------------- - 'm' w" ,~ C<:roUna Beech Road I U.S. Hwy. 421 (I.4o'~RtJ<olJ~ -..--.--- ~= - .-" we"....'..- -------------- --- -------------------- i I- II t.rw~p)...w_\li ~-.....~~ ". l~ . ~ l' I (~~#V,y*~' "fiIiwl__,~ I i I , I I .{~~aj..,1'*'_. _._______ Ii !f. I ' !1 Ii l~ ' t~; I; I j, r; ! ,I i~ I .. I {~......,..;I..,~<NlI'i! ."'..j,,_~.._ Ii I ,'. ." - , ~---------------------- ~ -. MnI'~,J:l'1I -- l~ r -- , , ,;hl, :~,; ~~;. t ~:~ ! I, 1; w r' rn it! ~ ~ I ~"t=~ .~. Hl ~ '" ~ __ !~~!l ~ ~Jf 86 <9 00 09: 17a Eddie Collins 910-256-54(;;1 p.e: DESIGN 50LUTION5 ~5ite Planning. ~ Lcndscape p.o. eex 122I,llJilminglcn, Norlh Caroll-M 28406 " . Archited.ure Tele. ('3l<D) 25h .4~45 I FAX (Sl<D) 2Sh .546\ TRANSMITTAL May 19, 2000 To: Baird Stewart New Hanover County Planning Department from: Cindee Wolf , Re: ArchMiII Business Park t compiled the following traffic generation figures from th~: ITT refenences; Based upon 94,397 s.t. mini-storage 116,000 s.f. office 1 8,:'100 s.f. commercial 24-hour - 695 trips a.m. peak - 62 p.m. peak - 131 Please do not hesitate to call if you have any questions or need additional information. Thanks! 87 APPLICANT MATERIALS 88 . Revised: April 20, 2007 Monkey Junction Self Storage Conditional Use Site Plan Modification Case # Z-696, 3/00, 10/05 Project Narrative The original Conditional District Rezoning, and Special Use Permit for the project was approved July, 2000. A modirfication to add an additional storage building was approved in November, 2005. The lands along the property frontage along Carolina Bea.ch Road were approved for future commercial buildings, but have not yet been developed. This petition is for a modification of those areas, as following: . The commercial building at the northern boundary would be replaced by an eight (B)-bay wash facility, with the associated equipment area and accessories. The business would be accessible to the public, in general. and is the type of facility that would be complementary to the storage business. . The southernmost area contains an expansion of storage facilities. The office 1 commercial floor area of the approved plan totaled 9564 square feet. The proposed change to 17,400 sJ. of storage space is an increase, but the use presents a large reduction in the traffic generation. and no need for saniarty sewer service, that is currently an item of great public concern. There is no increase in the total impervious surfaces area,. originally proposed. The existing stormwater management pond was siized, and permitted, for an overall density of greater than 70%. The design of the storage building along the frontage of Carolina Beach Road will include architectural features to break up the appearance ofa long building. No storage unit access doors will be allowed along that frontage. Layout and desigin of the project has been completed in accordance with all of the standards and requirements of the New Hanover County Zoning Ordinance. Architectural features of these new structures would match the theme and style of the existing buildings and overall project. Street yard landscaping and foundation plantings at all building facades adjacent to parking areas will be installed. An attractive wall and fencing exists along the project frontage, and all of the perimeter and buffer plantings have already been installed. 89 Ifi(~'Nl6:~t7"lq~I!"'-''''''''':m''''R'l)j~'l''i t,... ;)Hi ~ UOne)!u~pov.: 1Ji?f-,d ailS P!JIS!O 1-etIIO~HPUQJ ~~~'.';l~'~~.....'ll}l~~~~i,i~i,'~Jil1~;."""OJoG\i ~ ilpIMi8 ~ ~ 'S:tlO.l..3l.h"tiins j 8l::l3N'NV'ld '1 'SH~'~}.j'I'i)Nt) 'OiiIt 'IDO..lOg....*~;)L#HlNlj~"J;I:;W;l>JllH~fd~l~ '5JNaA V"l:I 'S' ~5JHJ.lM 1 - '"- pi1l:K4"~;r<J~J;~J.M"~l'MPI1V~ U ~ . ~~i J ~~ ! it: wi ~ii k t~ ; ! d ~ :1 81u~IIW. lllfh!: i.U: I'ti'i~~'.j. ,......J~I.lt......l.. i.,.... II'" fl" J fiU'J' II flub n'} Ji l.fi i; ) !.j ! Ii ild! 11' JI . I! J ~~ ~ ! ~ ~ "'\;. : ~. ~ ~ ~ ~ =-~~lJ&gcb-:~"I_O-,~:::"~~ ~ll:..l::: =(~=~=~[ _ "" ~_ _ _ " .. . o _ 'ore .._.....ii;oo;,;....__ ~ - IlIO" I'\'ft ...... 0:;.. J1l . ><..... :g:r: ~':i f.l.~ Ill" II e" R R zl " fl I ] I · = .. ~' 0. ti. ~< :gill .. Ill" Ill" -8'1 . . n .' :1'"0 :1'". .. '.. Ill" Ill- ~ . 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Ill, .I r W. !~ II I .... u I. h m!!~ ,,: ._ _ _ _ _ _ _ -=- ~~-=-~~-=-~Lij-,'!.-=-~~~t -=-'::: :::i~ -=-~~~L :::::: -=- ~ - ""1t""1t ""1t 0 ....---..-.- - - W~~ t:r~-: ~i H ~i! 11 1 ] - i I il - l: :f'<t :f'1O d m- lO- II .g..u .;,. ~ i:lL iii- 3:0 w- H m" iii" II Jt f~ Ii I : I ) Ii fi Ii Ii fi I { ! } iJ~ f~ il~ II iJ~ I'i Ifi ] 1 f:i Ii f~ f~ fi ) ~!- ~! I ,j 1::" 'I." ( ~ . I II I --.-- _._--~-- I :11 ~ (.---.<>>> ... uw.pI't I' I lIP '. ." ..... r--- .-. 11 Ji I r ',. !"-!!. hpl I I ,Ii 1.... ~ llIII 'r' ~ I', IIi' .. 'I ~~ -- ! I ~J!., :~ I I I : ~ I L-I ~; ~ .~.. I I I Uld I ---------~---. ! ~ ~ ~~ = I ~ I I I Ijh f; I I I I I -- L U ~ f I fl~ I I I I I ClI~ ~~~.::~ I I 91 This page intentionally left blank. 92 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Regular Item #: 5.3 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Modify Special Use Permit (5-345, 11/92; 6107 modification) - Request by Ogden Fire Department to Modify an Existing Special Use Permit by Removing Conditions to Allow for Residential Use in the Fire Station and to Allow Clearing of Underbrush in the Buffer Area Located at 907 Porters Neck Road in an R-20 Zoning District in the Transition Land Classification BRIEF SUMMARY: History: In May 1993, the New Hanover County Commissioners approved a special use permit for a satellite fire station in an R-20 zoning district, subject to a list of 9 added conditions. An advisory opinion of the County attorney in a 1998 memo to the Planning Director invalidated the condition which imposed a prohibition on using the site as a polling place since state law requires expenditure of public money and the availability of such buildings for voting places. At its June 7, 2007 meeting the Planning Board voted 4-3 to recommend approval of the modifications with the exception that clearing within the front yard area should not include trees larger than 4 inch caliper. No one from the public spoke. 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-345 modkatiQn-Staff Summar!", .doc S-345 Modification- Petition Summary.doc adjacent property map, existing special use permit (5-345), Burpeau Memo, Hall letter, and site plans (2) ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0 with the change that, "vegetation may be removed for the safe ingress and egress of the property." 93 SPECIAL USE PERMIT 8-345, 11192; Modification 6/07: Remove prIor conditions Request By: Ogden Volunteer Fire Department Location.: 907 Porters Neck Road Acres: 1.25 HISTORY: In May of 1993, the New Hanover County Commissioners approved a special use permit for a satellite fire station in an R~20 zoning district, subject to a list of 9 added eonditions. An advisory opinIon ofthe County attorney in a 1998 memo to the Planning Director invalidated the condition which imposed a prohibition on using the site as a polling place since state law req uires expenditure of pu bUc money and the availability of such buildings for voting plaees. PLANNING BOARD ACTION: At its June 7.2007 meeting the Planning Board voted 4-3 to reeommend approval. ofthe modifications with the exeeption that clearing within the front yard area should not include trees larger than 4 inch caliper. No one from the public spoke. Preliminary Staff Findings for addendum to 8-345,11/92 .I. The board must find that the modified use will not materiall)' endanger the public health or safety if located where proposed and developed aceording to the pla.n as submitted and approved. A. The subject property is accessed via Sharaz (Syrah)Way to Porters Neck Road. B. New development in this area of the county has increased significantly since 1993, creating higher demand for emergency services. C. Traffic from new residential subdivisions to the north often use Sharaz (Syrah) Way for "cut- through" access to Porters Neck Road. D. Residential staffing at the fire station will improve response times to this area of the county. 2. The Board must find that the moditied use meets aU required conditions and specifications of the zoning ordinance. A. The site is located in an R-20 Residential Zoni.ng District. Government buildings may be allowed by special use permit. B. The proposed residence is only to be used by the firefighters on duty. C. No violations of the existing permit have been noted by code enforcement officials. D. Allowing clearing of undergrowth would not be counter to the intent of Condition 5 of the existing permit so long as trees remain in place and rellSonable visual opacity is maintained. E. Off-street parking is shown in compliance with 72-29 (7) of the ordinance. F. A building layout plan is included with the site plan as required by 72-29(8) ofthe ordinance. The current storage area would be converted to accommodate 2 beds. 3. The Board must find that the modified use will not substantially injure the value of 94 adjoining or abutting property or that the use is a public necessity. A. The residential component will be a conversion of existing second floor storage area and win not increase the overall size of the building, consistent with Condition 7 ofthe original perm it. B. No evidence has been presented that the proposed use win injure the value of adjoining or abutting property values. c. Providing 24~hour fire service could improve the ISO rating and thereby improve insurance rates for area residents. 4. The Board must find that the location and character of the modified use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The New Hanover County Comprehensive Plan classifies this location as Transition. The Transition Class is intended to provide for "continued intensive urban development on lands that have been or will be provided with necessary urban services. B. Surrounding properties are residential in nature. C. The existing conditions regarding added setbacks and retention of trees and vegetation serve to promote harmony with the character ofthe area. Staff Comments: L Staff suggests that Condition 5 should remain in place to protect trees; however, existing vegetation which might be deemed "underbrush" by code enforcement officials could be removed without offending the overall intent of the original concern for protecting the residential character in the area. Planning Board recommends allowing clearing of underbrush up to 4 inch caliper. 2. Staff feels the findings are positive. ACTION NEEDED: (Choose one) 1. Motion to Grant the companion 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. 95 Case: 8-345, 11/92; modification 6/07 Petition Summary Data Owner/Petitioner: Ogden Fire Services Existing Land Use: Satellite Fire Station Zoning History: July 6, 1971 (Area 5) Land Classification: Transition Water Type: Well Sewer Type: County Recreation Area: Ogden Park Access & Traffic Volume: Porters Neck Road via Sharaz Way ADT on Porters Neck Rd. 12,566 (11106) compared to 10,568 (4/05) + 19% (No LOS determined) Fire District: Porters Neck VFD Watershed & Water Quality Classification: Futch Creek and Pages Creek (SA) Aquifer Recharge Area: Sallow water table sand aquifer ConservationlHistoricJArchaeologic Resources: None Soils: Be-Baymeade Fine Sand (II) SePtic Suitability: Class II ~ Moderate suitability Schools: Blair Elementary 96 "' '" ~ Ii 1:' 3- ... " = Cl f & ii: "8 ,j ~~'; 8tl", ~ .~ :!,~ ....... E Wt.l., co ;~~ o Q,. Oz + .. ~ Q. ., :E~cl 97 ~ ~i~ M Kg!l; I (I)...J,~ en .. This page intentionally left blank. 98 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Satellite Fire Station/Ogden VFO The County Commissioners for New Hanover County having held a public hearing on May 3, 1993 to consider application number 5-345, submitted by the Ogden VFD, a request for a special use permit to use the property located on Porters Neck Road east of Edgewater Club Road and having heard all 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 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 facility will have direct access to Porters Neck Road, a state-maintained street. B. Water service will be provided by an on-site well. Sewer will be provided by the County. C. The use of the property as a fire station is by its very nature intended to preserve the public health and. safety. 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 property selected for the fire station is zoned R-20 Residential. The minimum setbacks specified for this zoning district can be easily met. 8. The Zoning Ordinance establishes no special conditions for the construction of a fire station. It only states that gove.rnment offices, buildings and related structures and uses obtain a special use permit. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 99 A. The site is an out-parcel of the Champ Davis Foundation property and has frontage along Porters Neck Road. It is located just west of the Cornelia Nixon Davis Nursing Home and Plantation Village, a retirement village consisting of attached dwelling units. B. The presence of a fire station will obviously increase response time to fire calls in the area. C. The site is heavily wooded and, if on-site vegetation removal is kept to a minimum, single family uses located to the west and south would retain a moderate amount of visual protection. 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 support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. It was noted that the fire station would be located on the Champ Davis Foundation property. A portion of the Foundation property is occupied by a nursing home. The nursing home property was rezoned recently to CD(O-I) to allow an existing manager's residence to be used as a doctor's office. B. Fire houses and simila.r facilities have traditionally been located throughout a community to promote efficiency in response times and to provide comprehensive service. 6. Therefore, because the County Commissioners conclude that all of the general and 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) That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Boa.rd of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. c) Other: 1. Applicable state, federal and local laws. 2. Building must be set back from Porters Neck Road an additional 35 feet. 3. Building must be constructed with non-metal based exterior and utilize muted colors. 100 4. No fixed sirens shall be permitted on the site, except those on the trucks. The use of truck sirens while on site shall be limited to testing only. 5. The existing vegetation along the frontage of Porters Neck Road shall be retained and other landscaping shall be provided in this area at such a height to provide additional visual opacity from the road. Also, on-site landscaping and buffering must comply with Section 67 of the Zoning Ordinance. 6. security lighting shall be placed on the site so that it does not shine on adjoining properties. 7. The scope and area of building construction shall not exceed the area proposed in the approved site plan (attached) . 8. No residential activity, such as the overnight lodging of firemen shall be permitted except during emergencies that may require overnight stays. 9. The building shall not be used as a polling place, for business meetings and fund raisers or similar uses. Ordered this 3rd Attest: ~d~A Crk to the Board 101 NEW HANOVER COUNTY INTER-OFFICE ~~MEM O~~~~~rt_~A'~~~%_i&:'?(\Ws1?'lli:~~&'lwd1i~Wl_~~~~~fm~~ MEMORANDUM: TO: Dexter Hayes, Planning Director .tf2} '@ FROMo Kemp P. Bmpeau, Assistant County Attorney 3 Lf i RE S-34;~-;1I92, Ogdeu VFD Porter's Neck Station DATE: April 17, 1998 We are aware that Condition 8 in the above-referenced Special Use Permit purports to prohibit use of the site as a polling place. However, at such times that public monies are spent in support or maintenance of the building, G.S. 9163-129 requires that the location be available as a voting place. Accordingly, when public monies are spent pursuant to G.S. 9163-129, Condition 8 prohibiting use of the site as a polling place shall become null and void as contrary to law. Please contact me should you have any questions or comments. KPBlkc cc: Jim Pittman, President, Ogden VFD Board Len Chamblee, Board of Elections Director 102 APPLICANT MATERIALS 103 /" I //6 NEW HANOVER COUNTY I: ",~ '. i / ....'c" \ \ \\1:\. )) FIRE SERVICES ADMINISTRATION 230 MARKET PLACE DR. SUITE 130 \. '-.. '.'.f ,.- '\". >"-'" ' .' /".//' WILMINGTON, NORTH CAROLINA 28403 ,. .. ,",'~c",," TELEPHONE (910) 798-7420 February 2, 2007 Chris O'Keefe, Planning Director New Hanover County Planning Department 230 Market Place Dr. Wilmington, NC 28403 Re: Ogden firelRescue Substation #62 Dear Chris: The New Hanover County Department of Fire Services would like to make a formal request to amend the conditional use permit for Ogden Fire Station #62 in Porters Neck area to allow residential activity and removal of underbrush. In 1993 a special use permit was issued for the construction of this facility which had several conditions that may be of consideration in this request. Item #6, c), 8 indicated that no residential activity would be allowed except under emergency circumstances. It is my understanding that some changes are allowed provided the necessity for the changes is clearly demonstrated and reviewed and approved by the Planning Director. Per the stipulations of the permit this change would not in any way alter the character of the station design or set backs, nor would it increase the hazards to pedestrian or vehicle traffi.c flow in the area. Also, the station has adequate parking to meet code. In the 14 years since the conditions of the permit were established, the character and density of this area has been altered by numerous housing developments as well as the creation of a thoroughfare street in front of the fire station into some of these neighborhoods. The increase in population to the north of the County brings with it a demand for improved and timely delivery in emergency services. This demand cannot be met without some adjustments in the way we do business and adding residential staffing to the station will allow improved response times for the citizens ofthis area. The special use permit also includes a condition (item #6,c),5) regarding the vegetation along the frontage of Porters Neck Road and other landscaping to be provided at such height to provide visual opacity from the road. When the street was opened up the visual opacity was altered such that we request the ability to clear some of the underbrush as it 104 has now become a fire and safety hazard to the area. It is not our intention to remove trees or bushes only to clean up the area to provide a safer and cleaner look to the department. We would also comply with zoning ordinances as they pertain to landscape and buffering. It is the mission of the fire services to provide the citizens of New Hanover County with efficient and effective delivery of our services. To this end we respectfully submit this request for amendments to the special use permit for Ogden Fire Station #62. If you need further information, please feel free to contact me. Thank you for your consideration. In service, Donnie R. Hall Chief B~ R. IIJt 105 - ~~~..,. ! --=- $ -,~~.,.~-~-"'--- '~"htf lie:;ii - -- -- - , I IlvoW,L+ -~ ~ !';!H ! I 181 - FttJ v -=1~ ~J erl ~ .. <0 r '- i ._."'_ - I r ~I ft ,~j '"' I z I ,;ji ! :;: 3>1 '" ot it- al >- ! <( lfi lU~ '" .J~ ot o- w - j e> 0 :r: >- JLI Q > ~. "" ~ -, -- z 0 <<E Cd) r" 00 OlIO. ~ 00 ot'" ..... '" ;c- o :l~ ~I _~~~u= ~~. ;!.I ~-~ -I ] , I@- I, i f ~ I - " ,. - - 01 ~ .. ;- , ~ " '" + 'I ' - - ~ .- , I I, i i Ii i I I II I I 1 ~_.--:-,u - .. I l' _ -i ~~=I -~ .__._,~,"~ "'~~~ ~"~~- --- IIO~f~9 -~_. A - - ---- --- - -1'- -" .;;i..o"'i,m_", "I ~-i," ---119 106 VNlIU~"':.J Hl~(JNN,"GB(J '("'i'I',\ 'I :-]r1'lO ':)NI 'S~:nNION] ONlnnSNO:) :g\ 1 ." ;,<, N\r1d "b"biJ w u u j/J ""0.) --'..:.i'..:.;"::;:..-::.:i..J.L.;:::J....'~ <:../ .""~' "= "....j' ;2 i ",.:. ~ ~ ~,- ~f ~~ ij "C'::; ", , .~ ~ "~:': .~ "j ~ ~ ~~ ';.0;'- I , 're; I g g < ~ ;1. ",'oi! ~: ,'; ~~ ,,'-. ~i ~ i - ~ ~,~ :{ '.:f >i ir-~ .:) ;~ ",::: ~'" ~-~ I'..!~ ~:~ ~ddl:l l; ; :;" ~>. :g~ , ?'J ';i~ :',; ~~ .}'" ~ -~ of' ~~ ~~ ~ , ;0:';; ; ~'.~ .~? :'J8 ;:::; ; li 0 "' Q <- " , N ~ , ~ 'x: ""'< '" Z 0 ~ <( >- 11..... li..J(J) "'~ _ .-.J I)::: ... U.J::::J <:> l-l- 02 0.,0 u"''> <!> z ~ i= t '" X tU '~ ~';, I " - { "- ., ~I~ I ,............ , I ".......... OBI ~ ~I ~.;tJ ~ I!Jz >-9 I\::}- ~ .;;I;u 1I!:;;;:l t;; oa:: ILI- a ~a'Ji z ilJZ' pool oU u: ill 0 '"" ~ I , ,I Q;. ~ i ~~ ;. f;:i ~ V1 q ~i ~I " !;"! I j!! <" I :>i " k~ 6 1>,jl~;,\ ~ r~ ;ij Ii I I ." 107 This page intentionally left blank. 108 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Regular Item #: 5.4 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Modify Special Use Permit (5-329 3/91; 4/00; 8/03; Modification 6/07) - Request by David Girardot for UNC-W to Modify an Existing Special Use Permit to Modify the Approved Site Plan to Expand the Marine Sciences Center in an R-15 Zoning District Located off Masonboro Loop Road at 5600 Marvin K. Moss Lane to Add an 80,000 sq. ft. Bio-technology Laboratory Building and Oyster Hatchery and Remove Existing Condition #3 BRIEF SUMMARY: History: The original project was approved in 1991 with major modifications approved in 2000 and 2003. Petitioner asks for another modification to add about 9.6 acres to the permit, including site plan amendment to add a new 80,000 sq. ft. research facility including laboratories, administrative facilities and an oyster hatchery. At its June 7, 2007 meeting the Planning Board voted 6-0 (1 recused) to recommend approval of the request with conditions. One neighbor expressed concerns about the unimproved status of Holt Road, suggesting that improvement of the road would mitigate some safety concerns, and he spoke about ongoing noise issues in regard to quality of life. 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-329 Modification-Finding of Facts.doc S-329 Modification- Petition Summary.doc adjacent property map, existing special use permit (5-329), Clark letter, Karpuk letter, applicant materials, and site plans ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved the project as proposed and kept condition 3 on the existing and new building by a vote of 5-0. 109 Case: S-329,6/07 modification Special Use Permit for Expansion: Marine Research and Educational FacUity in an R-15 Residential District Applicant: University of Nortb Carolina at Wilmington (UNCW) History: Tbe original project was approved in 1991 witb major modifications approved in 2000 and 2003. Petitioner asks for another modification to add about 9.6 acres to the permit, including site plan amendment to add a Dew 80,000 sq. ft. researcb facility including laboratories, administrative facilities and an oyster hatchery. PLANNING BOARD ACTION: At it's June 7,2007 meeting the Planning Board voted 6-0 (I recused) to recommend approval of tbe request. One neighbor expressed concerns about the unimproved status of Holt Road, suggesting that improvement of the road would mitigate some safetycoDcerns, and he spoke about ongoing noise issues in regard to quality of life. Preliminary Staff Findings I. 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 su bmitted and approved. A. The subject property is located within the Myrtle Grove VFD. B. The site is served by County Sewer and City water. e. Access to the site is from Masonboro Loop Road via the existing Marvin K. Moss Lane. According to the applicant's statement, the IS foot private road (Hall Road) to the south will remain available to residential property owners for access to Masonboro Loop Road but will not be used by the Marine Science Center for access to its site; however, the site plan shows access to Holt Rd from the new building because code requires the access. D. The proposed expansion will provide additional land, a new bio-technology building and an oyster hatchery to the existing Center for Marine Sciences. E. The proposed expansion adds approximately 93 acres of development area to the existing 55.6 acre developed site. The additional acreage is located adjacent and south of the existing site and will result in a new total of approximately 65 acres. F. The plan adds approximately 80,000 s.fofresearch, laboratory and administrative space to the facility G. Site clearing for the project will be limited to areas required for site construction. H. Applicant proposes "green" building principals to the extent possible 2. The Board must find that the modified use meets all required conditions and specifications of the zoning ordinance. A. The proposed expansion to the Marine Research Facility will be operated by the University of North Carolina at Wilmington's Center for Marine Sciences. B. The property is zoned R-15 Residential. Colleges, Universities, and related uses are permitted by Special Use Permit in the R-15 Residential District. e. The existing facility contains approximately 81,300 square feet of building floor area with 24,660 sq. ft. under construction. D. The proposed new addition on the south side of the existing building will be a two-story structure 110 containing approximately 80,000 square feet. E. Parking will be provided in accordance with Section 81 of the County's Zoning Ordinance. F. A 50-foot buffer of natural vegetation will be preserved between adjacent property owners and the Marine Science Center. G. The Eastern portion ofthe site lies within the 100 year floodplain and there is Salt Marsh that is regulated by the County Conservation Overlay District. No buildings are currently within Ihis area and none are proposed. H. The center is consistently out of compliance with condition (3) below because the laboratory cannot function properly when that condition is imposed, according to comment from code enforcement official; however, the county's noise standard is not being violated. I. The Board of Commissioners approved the existing facility in 1991 and revised the permit in March 2001 with 4 conditions; the permit was again modified in September of 2003, adding conditions (5) through (9) below: (I) UNCW continue their commitment to work with the neighbors on mitigating the noise concern emanating from the heating and cooling units. (2) Any additional proposed construction after the Board approval in 2001 will require a new special use permit. (3) Between the hours of 8 :00 Pm and 8:00 am. onenheatin€1cool ing unit will be in operation. The unit will operate on low setting. (4) Noise readings will be monitored quarterly for one year by professional technicians hired by UNCW. (5) All other applicable federal, state and local laws. (6) Stormwater Management shall comply with the County Ordinance (1) The additional parking areas shall remain unpaved (8) All previous conditions shall remain. (9) The addition to the building shall not exceed 25,500 sq. ft. 3. The Board must find that the modified use wiIlnot substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The proposed addition will maintain and/or improve visual and acoustical screening. B. Improvements to the site will all access from the Marvin K Moss Lane entrance. C. Applicant indicates that community meetings will be held 10 inform and receive input from area residents. D. No evidence has been presented that this expansion will injure the value of adjoining or abutting property values. 4. The Board must find that the location and character of the modified 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 site is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. Compatible commercial and industrial development may be located within this class provided important resources are not adversely impacted. B. Several regulated trees exist on site. Efforts should be made to preserve these specimen trees or their removal be mitigated in accordance with Section 61 of the Ordinance. Staff Comments: 1) The conflicting statements regarding use of Holt Road by the Marine Science Center 111 needs to be clarified, either within the findings or on the site plan. 2) Staff suggests removing the pre-existing condition relating to HV A C hours of operation and settings (Listed above in Finding 2.1. (3)) so that the facility can function properly without violating the conditions of the permit This removal does not constitute permission to violate the county's noise ordinance. ACTION NEEDED: (Choose one) 1. Motion to Grant tbe companion 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 consisteney with adopted plans or determination that the project will pose public hazards or will not adequately meet req uirements of the ordinance. 112 Case: 8-329,3/91; 4/00; 8/03; modification 6/07 Petition Summary Data Owner/Petitioner: UNCW Existing Land Use; Marine Research & Residential Zoning History: October 15, 1969 (Masonboro) Land Classification: Resource Protection & Conservation extreme eastern area Water Type; City Sewer Type: County Recreation Area: Arrowhead Park Access & Traffic Volume: 10,236 Masonboro Loop @ Grissom(12/06 ADT) compared to 12,062 (4/05); -15%; LOS E in 2005 Fire District: Myrtle Grove VFD Watershed & Water Quality Classification: Masonboro Sound! Peden Point (SA) Aquifer Recharge Area: perimeter of primary Recharge Area ConservationlHistoric/Archaeologic Resources; Maritime Salt Marsh adj. ICWW Soils: Torhunta (III); Wakulla sand (1); Lynn Haven fine sand (III) Septic Suitability: Class III (Severe Limitations); Class I (Suitable) Schools; Bellamy Elementary 113 '" ~ ltl .... ~ '* 'f' 8- g>~ ~.~ c 0C 'ro "~ (3 ::::; 15. 01 II: ~ '" '" m ~ _ "'CI '? " ~,!'!d! I; '" g ~ '1J'llQ.. J[) ~~8 ~ ~L IP ?; ..... ~'i2 o":Eo H I. ! m i i.. l. ~ (D'~!:-g o CO :; i ~ ~ ~ ~ '.. ~ I ~ ..Ii.Z :3 :i :?::I! !i :'l ",,,,.: . "ffi IE O'J::I'Ec .. i ~. 3 ~. ~ i z zz ~ i Q I..... ~I!H ~~r~ UI" '~fZ 18.-a.~ d ~H~L~~<Sd~ en .. ~ -' ''';:'~ 114 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For an expansion to an existing Special Use Permit For a Marine Research & Education Facility in an R-15 Zoning District 8-329, 08/03 The County Commissioners for New Hanover County having held a public hearing on September 2, 2003 to consider application number S-329 submitted by Boney Architecture for UNCW to expand an existing Special Use Permit f'Or a Marine Research & Education Facility in an R-15 Residential Zoning District located at 5600 Marvin K. Moss Lane and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: t. The County Commissioners FIND AS A FACT that all of the specific requirements set f'Orth ill 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 COlmnissioners. 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 F ACf: A. The subject property is located within the Myrtle Grove VFD. B. The site is served by County Sewer and City water. C. Access to the si te is from Masonboro Loop Road via the existing Marvin K. Moss Lane. D. The proposed expansion will provide support services to the existing Center for Marine Sciences. E. The proposed expansion adds approximately 3.55 acres of property to the existing 52 acre site. The additional acreage is located adjacent and south of the existing site. F. Site clearing for the project will be limited to areas required for site construction. 3. It is the County Commissioners' CONCLUSION that the propoSt.>d 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 proposed expansion to the Marine Research Facility will be operated by the University of North Carolina at Wilmington's Center for Marine Sciences. B. The property is zoned R-15 Residential. Colleges, Universities, and related uses are permitted by special Use Permit in the R-15 Residential District. C. The existing facility contains approximately 82,880 square feet of building floor area. D. The proposed addition on the south side of the existing building will be a one story structure not to exceed 25,500 115 square feet. E. Parking will be provided in accordance with Section 81 of the County's Zoning Ordinance. F. A 50-foot buffer of natural vegetation will exist along all property lines with the exception of the area on the west side of the new 3.55 acre site where an existing house and associated parking area will be utilized in support of the Marine Research Facility. G. The Eastern portion of the site lies wi thin the 100 year floodplain and there is Salt Marsh that is regulated by the County Conservation Overlay District. No buildings are proposed in this area. The proposed interpretive trail through this area shall meet the requirements of the Conservation Overlay District with minimal impacts to the resource. H. The Board of Commissioners approved the existing facility in 1991 and revised the permit in March 2001 with 4 conditions; ( 1) UNCW continue their commitment to work. with the neighbors on mitigating the noise concern emanating from the heating and cooling units. (2) Any additional proposed construction after the Board approval in 2001 will require a new special use permit. {3 ) Between the hours of 8:00 pm and 8:00 am, one heating/COOling unit will be in operation. The unit will operate on low setting. (4) Noise readings will be monitored quarterly for one year by professional technicians hired by UNCW. Based on the evidence presented in this special use permit application it appears that all conditions have been met. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that tbe use is a public neeessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The proposed addition will maintain and/or improve visual and acoustical screening. B. Improvements to the 3.55 acre site will include closure of the access to Holt Road to the south and maintain all access from the Marvin K Moss Lane. C. Several small structures will be relocated to the new acreage and the existing house will be utilized, however none of the large more intrusive type structures will extend or be located on the new acreage. D. No evidence has been presented that this expansion will injure the value of adjoining or abutting property values. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the lourth general requirement listed in the Ordinance; namely that the location and character ofthe use if 116 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 confonnity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is classified as resource protection by the New Hanover County comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. Compatible commercial and industrial development may be located within this class provided important resources are not adversely impacted. B. Several regulated trees exist on site. Efforts should be made to preserve these specimen trees or their removal mitigated in accordance with Section 67 of the Ordinance. 6. Therefore, because the County Commissioners conclude that all of the general and 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. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated.. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: L All other applicable federal, state and local laws. 2. Stormwater Management shall comply with the County Ordinance. 3. The additional parking areas shall remain unpaved. 4. All previous conditions shall remain. 5. The addition to the building shall not exceed 25,500 square feet. Ordered this 2"d day of September 2003. Robert G. Greer, Vice Chainnan Attest: 117 Clerk to the Board 118 June 22, 2007 Dear commissioner: I am writing this letter about the special use permit that UNCW Center for Marine Science is applying for to approve a 3rd building in our neighborhood. I live on the eastern end of Holt road and my house is the closest building to the construction site. When the 1st building (70,000 sq. ft.) opened in 2000 the noise from the building was so loud that you could not carryon a normal conversation with someone in your yard without shouting. The mechanical units are installed 60' up on the roof of the building and are very noisy. While this was somewhat of an embarrassment for them they immediately spent hundreds of thousands of dollars to try and fix this problem. The problem was improved from very bad to tolerable and we have to deal with it. I strongly recommend that the special restrictions on the hours of operations be kept with this special use permit. If this is not possible then they should be required to follow a more "residential friendly design" by locating these mechanical units on the l&t building at ground level. This would please a lot of neighbors. Thanks for your concern. fi" J f #CJ? j ~dZ[; tffJ( -S321 Scott Clark 119 June 19,2007 I would like to express my concerns about the upcoming UNCW CMS special use permit hearing on July 91h, .2007 At the last planning board meeting on June 7, 2007 I was sad to hear that the conditions on the original CMS special use permit dated March 12, 2001 were somehow left off. These 4 conditions that were originally agreed on by us at the neighbor meetings was one of their promises to the neighbors so that they could expand more in our neighborhood. One of the conditions (# 3) prevents the operation of the heating/cooling units from running on high between the hours of 8pm - 8am. These units when operated on high radiate noise and vibrations aU over our neighborhood. It can easily be heard from Masonoboro island located approximately Y2 mile away. They create vibrations that annoy and disturb the quiet inside of my house. If this special use permit is approved tonight the CMS will have a total of 3 large commercial buildings with a combined 180,000 sq. ft in our R-15 neighborhood. With this large of a project combined with poorly designed heating/cooling units there needs to be more restrictions than just the standard county noise ordinance. I urge you to include this condition on the special use permit. Thank you: rt }t,,""r ). C' .' Roger Karpuk 5108 Holt Road 120 APPLICANT MATERIALS 121 Complete petitions and all supplementary infonnation 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 :30PMin 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 dweIHngs 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 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." . This proposed expansion to the Center for Marine Science Campus will be operated by the University of North Carolina Wilmington. . The proposcd use will support the existing Center for Marine Sciences with the addition of a new 50,000 to 80,000 sq. ft. Biotechnology Building containing 8 (proposed) research laboratories with offices, reception area, administrative and staff offices, restrooms, elevator, electrical and mechanical spaces, conference rooms (2), storage, parking, and site and landscape design. . This new facility will include the North Carolina Aquariums program of Oyster Hatchery as mandated by the NC Govcrnor and legislature supported. . Access to and from this site will be maintained to Masonboro Loop Road via Marvin K. Moss Lane. . Site clearing will be limited to areas required for construction purposes only. Special attention has been given to preservation and protection of important natural resources, including regulated trees, in compliance with the NBC Comprehensive Plan. . Utilize green design principles to the extent possible . Services will be tied into the upgraded sewer lift station on the Center for Marine Science site that is tied into the County Sewer. . Water is served by the City of Wilmington . Wetlands will be avoided or mitigated. . A traffic study will be conducted to detemline the need for a turn lane on Masonboro Loop Road at the Marvin K. Moss lane entry. . The property is located within the Myrtle Grove VFD. General Requirement #2 The Board must find "that the use mccts all required conditions and specifications" of the Zoning Ordinance". . The Center for Marine Sciences Facility is permitted by Special Use Permit dated September 2,2003, according to the New Hanover County Zoning Ordinance: Article V; Section 50; Table of Permitted Uses. Page 2 of 4 SUP 1110 122 General Requirement #3 The Board must find "that the use will not substantially injure the value of adjoining or abutting property or thatlhe use is a public necessity." . This addition will be a two story structure and every effort will be made to maintain and improve visual and acoustical screening. . The University has acquired three (3) additional parcels, one to the South with 3.5 acres and two to the West with 3.8 and 0.87 acres of this parcel and will maintain the required 50 foot buffer along our border. The total acres now at CMS are 65.17. . This parcel includes a IS ft. private road easement or right of way (Holt Road) on the extreme southerly side of the property. This easement will be available for use as deeded by the present owners of the lands abutting this private road. At this time the University is not planning to use Holl Road for access to the site off Masonboro Loop Road. . The University will continue to comply with the requirement oflhe previous special use permit and modifications i.e. April 3, 1991, March 13,2001 and September 2,2003. except for those provisions changed by Ihis application. . Currently this parcel has a residential house and several small structures that will all be removed from the property for the construction of this new facility. . UNCW continues their commitment to work with the neighbors on mitigating noise and exterior lighting concems. The University has spent a significant amount of money to date to improve noise and exterior lighting concerns. Currently we are replacing the older boilers with quieter boilers at a cost of $330,000 in the existing building. General Requirement #4 The Board must find "that the location and character of the use if developed according 10 the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County." . All new construction and paving will occur within the UNCW property boundaries. . The majority of the site will remain undisturbed woodland and marshland. . Low-level, steep-cutofTlighting fixtures will be utilized in outdoor areas requiring lighting for safety concerns. . Local community meetings will be conducted with area residents to infornl and solicit input for the project. The Zoning Ordinance in some instances also imposes additional specific requirements on the use requested by the applicant. The applicant should be prepared to demonstrate that the proposed use would comply with each specific requirement found in section 72, additional restrictions imposed on certain special uses (as applicable).. He/She should also demonstrate that the land would be used in a manner consistent with the plans and policies of New Hanover County. The Board of Commissioners may impose additional conditions and restrictions that they deem appropriate prior to the issuing ofthe Special Use Permit. I certify that this application is complete and that all of the information presented in this application is accurate to the best of my knowledge, information, and belief. Page 3 of4 123 t 19f,jw 3TIsl l,. " ~. ") ":~ / 1 1 {-" " . "" / / I : I I I " I 1 / I I I : I 1 1 / ,. )(1\ iM~~~';~1 r'1i:il:ltL'l':;r: ~ "- ". l I 'i:-I$JN!:>i I I I 1 I I .- I 124 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Regular Item #: 5.5 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Conditional Rezoning (Z-861, 4/07) - Request by Shanklin and Nichols, PA for ACI-Pine Ridge, LLC to Rezone Approximately 16.2 Acres Located off N. Market Street at Porters Neck Road in the Transition and Wetland Resource Protection Land Classifications from B-1 Neighborhood Business Zoning District to CD(B-2) Conditional District Highway Business to Locate a 169,000 sq. ft. Commercial Building for up to 42 Possible Uses BRIEF SUMMARY: At its June 7, 2007 meeting, the Planning Board voted 6-1 to recommend approval of the request, including conditions of improving the access road to DOT standards along the southwest portion of the site and requiring pervious pavement for parking spaces in excess of minimum requirements. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve or deny the conditional use rezoning portion of the request. If the rezoning is approved the County Commissioners must approve or approve with conditions the accompanying special use permit. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ ........ . .. Z -861-5 laff 5 ummar}'. doc Z -861-Pelition 5 ummar}'. doc adjacent property map, applicant materials, North Carolina Coastal Federation letter, and site plans ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Continued 60 days to allow developer and Planning staff to find another location for entrance to site 4-1, Commissioner Greer voting in opposition. 125 CASE: Z-861, 4/07 PETITIONER: Shanklin & Nichols,. LLP for ACI-Pine Ridge, LLC REQUEST: From B-1 Neighborhood Business to CD(B-2) Conditional District Hi.gbway Business for 169,112 sq. ft. building, potential 42 retail uses. ACREAGE: Approximately 15.6 Acres LOCATION: N. Market St. @ Porters Neck Rd. LAND CLASS: Transition and Wetland Resource Protection PLANNING BOARD ACTION: At it's June 7, 2007 meeting, the Planning Board voted 6-1 to recommend approval of the request, including conditions of improving the access road to DOT standards along the southwest portion ofthe site and requiring pervious pavement for parking spaces in excess of minimum requirements. STAFF SUMMARY The subject property is located in the northeast portion of the county in an area classified on the 2006 CAMA Land Classification map as transition on the southeastern portion and wetland resource protection on the northwestern. The property is west ofN. Market Street, at its intersection with Porters Neck Road and is bounded to the north by the new Highway 17 Bypass. Access is from N.Market Street, which is a major arterial roadway. Level of service has been rated F, meaning traffic volume exceeds capacity. The subject property is primarily vacant and wooded. There is one existing house and a fuel pump on the site. Strip commercial uses dominate the surrounding area along Market Street. The subject property is located within the Oreenview watershed drainage area. The property is not influenced by flood hazard. Areas of 404 wetlands are located along the northern boundary line. The site is in a primary recharge area for the principal aquifers. The applicant plans to utilize county water and a private septic system until county sewer capacity is available at the Northside Plant. As a condition for rezoning, the applicant proposes a bu ilding of 169,112 sq. ft. gross floor area and proposes uses will be any of 42 listed uses. All other minimum requirements of local, state and federal rules will be met. A companion special use permit will bind the proposed use and restrictions to this property. Land Use Plan Considerations: This conditional rezoning petition proposes a change from lower intensity neighborhood business uses to the highway business designation on a conditional basis for the purpose of developing a 126 regional building material and garden supply superstore use or any of 41 other uses listed on tile site plan. The ordinance describes the situations in which conditional districts mightbe considered. am:t notes that this procedure is intended primarily for use with transitions between zoning districts of very dissimilar characterle.g:. R~15 and B~2) where a particular use or uses, with restrictive conditions to safeguard adiacent land uses, can create a more Qrderly transition. It is not intended as a routine substitute for the general rezoning procedure, or for frequent use. because creating a large number of such specialized districts can lead to excessive administratiye complexity and great difficulty in maintaining consistentand predictable land use policies. The ordinance also advises that this option is intended only for firm development proposals. and shall not be used for tentative proiects without definitive plans. Between 2005 and 2006, average daily traffic volume just south of the site decreased by about 15%. The intersection with Port.ers Neck Road is currently signalized. A Traffic Impact Analysis was prepared for this project in conjunction with additional retail uses southwest ofthis site and road improvements will be required along Market Street as well as the extended Porter's Neck Road. For purposes ofthe TIA, a home improvement store was shown in this location and was anticipated to generate approximately 4,000 average daily trips. Traffic impacts of other potential superstore uses in this location were not evaluated in the TIA. This site is adjacent to the proposed alignment of Plantation Road which would connect the Military Cutoff Extension and Murrayville Road to the Porter's Neck Area. Plantation Road is identified as a thoroughfare in the Long Range Transportation Plan. The 2006 Update of the Joint CAMA Plan describes the purpose ofthe Transition class as providing for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. Based on the foregoing, this proposal would appear to be consistent with the strategies for the Transition classification. However, the suggestion ofsuch a broad range of potential uses forJhe site makes the character of this reQuestmore consistent with general rezoning than a conditional district request Staff feels the area is appropriate for intensive regional commercial development based on its proximity to major highways and established customer bases and would therefore recommend either (I)approval of the conditional district for only a buildinl2: materials andl2:arden supplies use in the proposed building or (2) approval of a strajght rezoning to B~2 Highway Business District. ACTION #1 NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejc<:ting 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: 127 The County Commissioners find that this request for zoning map amendment of 16.2 acres from B-1 Neighborhood Business District to CD(B-2) Conditional District for Highway Commercial purposes associated with any of 42 uses as presented is (or is not): 1. Consistent with the purposes and intent of the Transition and Conservation land classifications and the associated land use policies adopted in the 2006 land use plan; 2. Reasonable and in the publ ic interest to allow addition of acreage outside the flood plain to be converted to higher intensity commercial use as outlined in a companion special use permit. PRELIMINARY STAFF FINDINGS FOR THE COMPANION SPECIAL USE PERMIT: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved.. A. Public water will serve the property. B. A private septic system may serve the project if county sewer capacity is not available from the Northside plant. C. The property accesses Market Street, an identified arterial via the intersection of Market Street and Porter's Neck Road. D. Traffic counts decreased in the vicinity of this site between 2005 and 2006. E. Fire Service is available from the Ogden FD. F. The property is not located in a flood hazard area. G. Stormwater retention is shown on the site plan and must meet the design standards of the County's storm water ordinance. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned B~ I Neighborhood Business District. This request is made concurrent with conditional rezoning to CD(B-2) Highway Business District. B. The proDoscdlange of uses is too broad to be construed as anything other than "tentative" and therefore does notmeet the spirit and intent of a conditional use district as described in Section 59.7-1. C. Petitioner proposes off-street parking that exceeds the requirements of Article VUI of the New Hanover County Zoning Ordinance by providing 547 spaces compared to 423 spaces required. D. Traffic circulation system will be via internal drives connecting to the extension of Porters Neck Road and must provide adequate access for emergency service vehicles. E. A traffic impact analysis was prepared in 2006 for NCDOT for this project and street improvements will be required by NCDOT for congestion management. F. The Special Highway Overlay District applies to 2 sides of this property. Buffers as required in Section 59.6 must be provided. The applicant has provided renderings to depict the approximate effectiveness of the proposed vegetative buffer to fully shield outside storage from view along the 1-140 overlay. 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. 128 A. NO' evidence has been submitted that this project will decrease property values of adjacent parcels, B. Storm water management must perform in compliance with the requirements of the County ordinance. 4. The Board must find that the location and ~hara~ter of the use if developed ac~ording to the plan as submitted and approved will be in harmony with the area in wbich it is to be I.ocated and in general conformity with the plan of development for New Hanover County. A. The 2006 Land Use Plan identifies this area as Transition, which provides for future intensive urban development on lands that have or will have urban services. B. Other commercial uses are prevalent in this vicinity, although none are of the magnitude of a regional superstore. C, The Site Plan proposes improving the Porters Neck Road extension to the Southwestern Property Boundary which would accommodate Plantation Road as indicated in the Long Range Transportation Plan, Staff suggested conditions: 1. Staff recommends that parking spaces provided in exeess oftbe minimum req uired be constructed of pervious pavement. 2. Staff notes one finding of fact that contradicts the purposes of conditional use district zoning and supports a general rezoning instead of conditional district approval. 3. If approved, staff recommends further limiting the range of uses if approved ACTION #2 NEEDED: (Choose one) 1. Motion to Grant the companion 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 oCthe ordinance. 129 Case: Z-861, 04/07 Petition Summary Data OwnerlPetitioner: Shanklin and Nichols for ACI~Pine Ridge LLC Existing Land Use: Vacant wooded land and one house Zoning History: Area 5 (July 6, 1971) and Area 8B (July 7, 1972); rezoned March 13,2006 Land Classification: Transition and Wetland Resource Protection Water Type: County Sewer Type: Septic system until County sewer is available Recreation Area: Ogden Park Access & Traffic Volume: Market Street (US 17) at Porter's Neck Road. Just south of the site, ADT 42,864 (4/05); ADT 36,236 (11106); for a decrease of 15%; 2005 LOS was F, meaning traffic exceeds capacity along this segment Fire District: Ogden VFD Watershed & Water Qualitv Classification: Greenview Watershed - C(SW) Aquifer Recharge Area: Primary Recharge area of the principal aquifers (combined Castle Hayne and Peedee aquifers-confined artesian) ConservationlHistoric/ Archaeological Resources: 404 wetlands; SHOD (Market S1. and 1-140) Soils: Class I: Wa- Wakulla sand; Rm-Rimini sand and Class III: Mu-Murville; Le- Leon Septic Suitability: Class I-Suitable and Class III-Severe limitations Schools: Blair Elementary 130 .. /' ,~/ //~ ,/( : //' . . . / . . . v . N . . . . . . . . . . 7 i / I"",,-;;n,m f..... II:! m -o~I"'" N If') IV]l\f.! i , . I I ,~~. - -',~,~ ,;. .; , -! ! : : r ; i-I i r -:-+-+-; i i i : ;: i i+ I I ! . I ,I: i II II I i I ii' I I .2 ! 'II II I ii, Iii " j i ; I '! Iii I I I I! ! i I ~J! " , i. !, 'I I 'I ' III 0 ., , , , , , , 'i I"" '" I': 'I i '" 8~ '" , , '. I~; . '; I : j -'-, _ I : . ' '" " i III i , i I~ i .~ff1 i i I ~ff1 i i i i~ ~ i~ OZ ..J I~ '~i~l~i~i~I~~i l~w~I~11 >I~~I~ ! I~~~e -.. l~i~I~I~bl!lj~~II~~!r~lli "" ,/; ~~ o .."'" ~ ~Jf ~ Q """tn_ .' ..0:: diilhl!li ~!i~l ,illl!!:i rl,! U iii i! ".: Ire! .,,, coc8- t., ........ C? n~ . - 1 ~ I~ It~ I~ III~ I~ I: ~I.~.g I~ ~ ..~I~I~ ~ I~ I~ I~ I~!,~ N "'.... 131 APPLICANT MATERIALS 132 REVISED EXHIBIT "A" TO PETITION FOR CONDITIONAL USE ZONING DISTRICT CLASSIFICA nON OWNERJ PETITIONER: ACI~Pine Ridge, LLC, Pine Ridge Properties, Pope Properties on 17, LLC and Pickett's Ridge Assoc. AGENT: Kenneth A. Shanklin Matthew A. Nichols SHANKLIN & NICHOLS, LLP DATE: March 8,. 2007 REVISED: May 11..2007 PROPERTY: Market Street - Porter's Neck area Wilmington, NC New Hanover County Hereinafter referred to as the "Property" NOTE: The purpose of this revised Exhibit "A" is to address the uses added to the site plan submitted to the Planning Department on May 9, 2001. A. REZONING ISSUES AND THE COUNTY'S POLICIES FOR GROWTH AND DEVELOPMENT I. How would the requested ch3n2e be consistent with the CcJUntv's Policies for Growth and Development? The subject property is approximately 15.6 acres located off Market Street in the Porter's Neck area north of Wilmington at the juxtaposition of North Market Street and Interstate I~ 140 in the northeastern quadrant of New Hanover County, and is more particularly described in the attached legal description and the Site Plan enclosed with the rezoning application and the revised Site Plan submitted to the Planning Department on May 9, 2007. The proposed rezoning of this site would be consistent with the County's Policies for Growth and Development (1999 Land Use Plan) and the Wilmington-New Hanover County Joint Coastal Area Management Plan (March 13, 2006 Update) ("2006 CAMA Plan Update") (collectively referred to hereinafter as the "Land Use Plan").. Specifically, the proposed rezoning from B-1 to CD (B~2) will be in harmony with the overall development of the area and will 133 service the existing and planned residential communities of this area of New Hanover County. As a home improvement center, the proposed Lowe's Store will greatly expand retail services to County residences in this northern quadrant of the County. For example, Article XII entitled Economic Development of the 1999 Land Use Plan lists several issues and policies that the rezoning of the Subject Property will meet Specifically, the rezoning request will comply with Policies 1 and 2 of Article XII. In the 2006 CAMA Plan Update, the rezoning application complies with the Policy 18.1 of Section F (Economic Development) with regard to general economic growth in the County,. especially at commercial nodes. Additionally, the proposed rezoning and use of the subject Property complies with Section"B (Land Use and Urban Design) of the 2006 CAMA Plan Update with Policy Statement 4.1 to designate sufficient land area and suitable locations for the various land use types. Furthermore, under Section 8 (Land Use and Urban Design) of the 2006 CAMA Plan Update, the proposed rezoning complies with the subcategory entitled COMMERCIAL USES, which states that "the proposed rezoning complies with Policy 4.3: Maximize effectiveness of commercial uses by assuring that land is available for commercial uses with.in close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas." in this same vein, the proposed rezoning to CD (B-2) will comply with the following implementation strategy for Policy 4.3: "4.3.1 Locate regional commercial nodes at major intersections consistent with the Land Classification Map, the Wilmington Future Land Use Plan, and corridor plans to accommodate uses that serve a regional market." This policy statement continues Policy Statement 4 of Article VIII of the 1999 Land Use Plan entitled Land Use and Urban Design. In summary, there are several policy statements that support and recommend th.e requested rezoning. 2. How would the requested zone chaoee be consistent with the properfv's classification on the Land Classification Mao? The Property's classification on the Land Classification Map is "Transition." Rezoning the Property to CD (8.2) would continue to be consistent with. the Land Use Plan. This Property is currently zoned 8.1, and the Applicant is requesting the CD (8.2) to allow a Lowe's Store to be constructed on this site to serve the residential communities in this area of New Hanover County and southern Pender County. The purpose of "the Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery." 2006 CAMA Plan Update, p. 61. Additionally, the subject -2~ 134 Property complies with the requirement of "direct access to a minor arterial or larger access road, as classified under the New Hanover County Thoroughfare Classification System." ld. 3. What si!!nificantuei!!bborhood ehanlles have occurred to make the ori!!inal zonlne: inappropriate. or how is the land involved unsuitable for the uses permitted Under the elJstine zonine:? The Porter's Neck area is a rapidly growing area of New Hanover County, and this rezoning request will not significantly or adversely cause neighborhood changes. This growth has been spurred by several factors, including, inter alia, the opening of Interstate 1~140 at the interchange with North Market Street. The proposed Lowe's Store will be a substantial asset to the area, and placement of Lowe's at this location will help minimize traffic by allowing residents of this area of the County to shop in their own neighborhood instead of coming to College Road-where the closest Lowe's Store is off New Centre Drive. The Applicant's proposed use is consistent with the B-2 Zoning District classification--the proposed underlying zoning district. The Applicant is essentially seeking to create a very high quality Lowe's Store that wi\l have easy access to and from the Interstate and Market Street. At this particular location-at the apex of the triangular area of land between North Market and Interstate I -14D-there is probably no better use of the land, especially w.ith the extent of wetlands located to the north and west of the Property. 4. List proposed conditions and r~trictions that would mith?:ate the impacts of the proposed use. The Applicant has included the following proposed uses on its Site Plan, which uses are from the County's B-2 Zoning District table: I. Kennels 2. Veterinaries 3. Wholesale Nurseries & Greenhouses 4. Mini-Warehouses s. Post Offices 6. Telephone & Telegraph !Facilities 7. TV & Radio Broadcasting 8. Warehousing 9. Wholesaling with no outside storage 10. Apparel & Accessory Store 11. Automobile Service Station 12.. Automobile Dealers & Truck Sales 13. Boat Dealers 14. Building Material & Garden Supplies I s. Convenience Food Store 16. Drug Store 17. Eating & Drinking Places -3- 135 18. Farm Implement Sales 19. Food Stores 20. Furniture, Home Furnishings & Equipment 21. General Merchand ise Stores 22. Hardware 23. Landscaping Service 24. Miscellaneous Retail 25. Mobile Home Dealers & Prefabricated Buildings 26. Retail Nurseries 27. Banks, Credit Agencies, Savings & Loans 28. AutomobilelBoat Repair Sales 29.. Automobile Rentals 30. Business Services including Printing 31. Camping, Travel Trailer Parks 32. Electrical Repair Shops 33. Equipment Rental & Leasing 34. Hotels & Motels 35. Indoor & Outdoor Recreation Establishments 36. Indoor Theater 37. Resort Hotel/Motel 38. Watch, Clock, Jewelry Repair 39. BarberIBeauty Shop 40. Children's Day Care 41. Libraries 42. Churches The Applicant has excluded the following uses from the County's B~2 Zoning District table: I. Agricultural Uses 2. General Building Contractor 3. Landscaping Contractors 4. Special Trade Contractors 5. Special Trade & General Contractors with no Outside Storage 6. Bus & Taxi Terminals 7. Commercial Marina with Floating Structures 8. Commercial Marina 9. Electric/Gas & Sanitary Services 10. Electric Substations II. Water Transportation Facilities 12. Other Communication Facilities Including Towers 13. Antenna & Towers Less Than 70 ft. in Height & Ancillary to the Principal Use 14. Cellular & PCS Antennas IS. Wholesaling Seafood with Water Frontage 16. Entertainment Establishments, Bars, Cabarets, Discos 17. Entertainment Establishments, Bars, Cabarets, Discos in a Shopping Center ~4- 136 18. Fruit & Vegetable Stand Produced on Same Parcel as Offered for Sale 19. Handcrafting Small Articles 20. Historic Restaurant 21. Drive-In Theater 22. Dry Cleaning/Laundry Plant 23. Funeral Home 24. Personal Services 25. Stables 26. Septic Tank Vacuum Service 27. Museums 28. Lodges, Fraternal & Social Organizations 29. Fraternities, Sororiti.es, Residential The purpose for listing proposed uses on the Site Plan is to allow the Applicant to limit the potential uses in the future should the need arise to sub. lease the building. The reason for expanding the uses of this Conditional Use District rezoning is to expand the possible uses that could be permitted in the long term for this specific site. Instead of simply rezoning this site as a B-2 site, the Applicant has chosen to utilize the County's Conditional Use District rezoning classification to voluntarily limit certain undesirable uses which could be problematic to the adjoining properties or the Porters Neck Community. The reason for the expansion of uses from the initial application is to allow more flexibility in the future for other possible stores or tenants on the overall site. -5- 137 B. WHAT YOU MUST ESTABLISH FOR A SPECIAL USE PERMIT General Requirement #1 The Board must find "that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. " Statement by Applicant: The placement of the Lowe's Store on the subject Property will not endanger the public health or safety where proposed. Due regard has been give to the environmental concerns at this site. The wetlands have been delineated and will be protected. The proposed site improvements are placed in a logical location in conjunction with the adjoining highways. Access into the site is controlled on North Market Street by a signalized intersection (with Porter's Neck Road). Existing commercial uses, such as a bank, restaurant, shopping center, etc., lie to the south of the subject Property, which complements the use of the subject Property for a large commercial retail facility like the proposed Lowe's Store. No residential development is adversely impacted. The subject Property is located within a commercial node as defined in the Land Use Plan. Under Implementation Strategies for Policy 4.3, commercial retail uses such as the proposed Lowe's Store should be located at "commercial nodes at major intersections consistent with the Land Classification Map, the Wilmington Future Land Use Plan, and corridor plans to accommodate uses that serve a regional market." This is precisely what the Applicant proposes. General ReQ uirement #2 The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. Statement by Applicant: An inspection of the Site Plan and the Application Package demonstrate the compliance by the Applicant with all of the requirements of the Zoning Ordinance. The Applicant will comply with the general zoning requirements of the B-2 Zone and the requirements of the Special Highway Overlay District-Section 59.6-1 of the County's Zoning Ordinance. The Applicant has submitted a Traffic Impact Analysis ("TIA") performed by Martin, Alexiou and -6- 138 Bryson, Transportation Planning and Traffic Engineers, that addresses the impact of the proposed project upon adjoining highways. General Requirement #3 The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." Statement by Applicant There are no adjoining residential uses that could be adversely or possibly adversely impacted by a proposed large retail establishment. The existing uses in close proximity of the proposed Lowe's Stores will not be adversely impacted by the location of this retail establishment where proposed. To the contrary, the adjoining properties and commercial uses thereon will be complimented by the proposed Lowe's Stores. General Requirement #4 The Board must find "that the location and eharacter of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County." Statement by Applicant: The subject Property is classified under the current Land Use Plan as Transition. The proposed CD (B-2) Site Plan is a precise use of the Property as called for in the Land Use Plan. The proposed use of the Property will advance many of the goals of both the 1999 CAMA Plan and the 2006 CAMA Plan Update. Some of the primary policies and goals contained in the 1999 CAMA Plan and 2006 CAMA Plan Update that are promoted include the following: The Applicant's proposed use ofthe Property complies with the Land Use Plans as adopted by the Board of County Commissioners. Specifically, the Applicant is in compliance with the general economic and community development policies under the Land Use Plan. The Applicant's proposed use of the Property is not injurious to the environment and complies with all of the provisions of commercial and industrial development policy set forth in the Land Use Plan. Since this is a Transition classified area, this is the proper area for a Lowe's Store---especially at the juxtaposition of Interstate 1-140 and North Market Street. The proposed use is an .7- 139 enhancement and improvement of the Property and is clearly in harmony with the area, which is a viable commercial node as defined in the Land Use Plan. The Land Use Plan "encourage(sJ innovative development strategies" and "flexible design guidelines that enhance tile aesthetic impact of the built environment" (1999 CAMA Plan Design/Regulatory Policy 8; see also 2006 CAMA Plan Update, Policy 5.2). The Applicant and its development team are very proud of the design of this proposed project Ultimately, the proposed CD (B-2) Site Plan seeks to make the best use of this Property. -8. 140 Norrh (:.ll'olin.l [oast,]l fednJtiOll University Corporate Center II 1131 Racine Dr., Suite 1 01 I Wilmington, North Caronna 28403 PhOll<l: 91Q.-79(},3275I Fax: 910.79()..3275 Ii Web: 'hW,',',ncc~9 May 3, 2007 Mr. Paul Boney, Chainnen New Hanover County Planning Board 320 Chestnut Street Wilmington, NC 28401 RE: Rezoning Request by ACI-Pine Ridge (Z-86l, 4/07) LLC New Hanover County Planning Board Meeting), New Hanover County, NC Dear Chairman Boney, On behalf of the North Carolina Coastal Federation (NCCF), 1 respectfully submit these comments on the rezoning request by ACI-Pine Ridge LLC (Z-861, 4/07) of 16.2 acres in the Transition and Wetland Resource Protection Land classification of property from B-1 Neighborhood Zoning District to CD(B-2) Conditional District Highway Business. This property is located in the headwaters of the FoylFutch Creek Watershed. Because this watershed has not yet experienced high-density development, it continues to support productive shellfish resources, and high levels of water quality. These waters are now classified by the North Carolina Division of Water Quality as an Outstanding Resource Waters and every effort should be made to prevent any degradation of this important resource. During the last several years, New Hanover County has been the recipient of a significant amount of state funding to procure lands and conservation easements along the sensitive shellfish waters ofFoy and Futch Creek. Within three land parcels in this watershed, over $3.0 million has been provided by the NC Clean Water Management Trust Fund in the protection ofthese waters and additional 200-acres are slated for permanent protection in the near future. To date, a great investment of time, energy and funding have been g,enerated by the New Hanover County Tidal Creeks Watershed Management Board, the North Carolina Coastal Land Trust, the North Carolina Coastal Federation, the Northeast New Hanover Conservancy, and the New Hanover County Planning Department, to obtain buffers and lor conservation easements for properties identifi,ed within this critical headwater region. In addition, the NC Department of 5/03/07 1 NCCF oomments Rezoning Request by ACI.Pine Ridge LLC 141 Highways committed to considerable funding and effort to avoid additional stormwater discharges into FoylFutch Creeks during the planning and construction of the Highway 17 Expansion and By-Pass project. Given the magnitude of this proposed development and its potential for secondary and cumulative impacts we are quite concerned that approval of this request could jeopardize future requests for millions of dollars in state and federal funding for water quality projects in this region. The addition of the proposed retail development is of great concern as it has the potential to increase significantly the storm water impacts upon the resources ofFoy and Futch Creeks not to mention the impacts upon the existing neighborhoods and traffic. This proposed building supply and garden center could have additional storm water impacts due to the nature of the business and the potential for contaminated run-off from fertilizers, pesticides and construction material contaminants. The proposed rezoning request also highlights the need for proactive planning and consideration of concerns resulting from the expansion of the City of Wilmington' s North Side Waste Water Treatment Plant (WWTP). The increased plant capacity and extension of sewer lines into the northeastern portion of the county have, according to County planning staff, resulted in a dramatic increase of proposed large high-density developments in the area. This growth is encroaching on rnarginallands and sensitive areas including wetlands and areas adjacent to shellfish waters, The Environmental Assessment (EA) for th.e WWTP expansion stated, <<That the County has given sewer extension priority to the tidal creek watersheds in order to eliminate the risk of faulty septic systems proximate to these valuable resources". The rezoning request includes intent by the applicant to install a private septic system to treat and handle the commercial waste- water this facility would generate because the North Side Plant cannot at this time adequately treat additional waste due to capacity issues. The impending expansion ofthe North Side WWTP was approved to reduce the number and effects of private waste..:water systems. Approval of this re~zoning request contradicts New Hanover County's commitment to improve the capacity and treatment of waste through the North Side plant and not through private septic systems which are prone to failure. This commitment, made in the WWTP EA, to maintain existing zoning ordinances to help mitigate the anticipated growth should be considered in conjunction with the rezoning request. We respectfully request that you deny the petitioners request. We would suggest that the petitioner revise the rezoning request to delay any proposed development until a time the North Side WWTP has the capacity to meet the increased demands of the expanding commercial and residential development in this area. We also strongly suggest that the petitioner be willing to design a storm water management system that would handle at a minimum 10 Y2 inches of rainfall in 24 hours. NC State Division of Water Quality is on record that the current storm water regulations do not protect sensitive public trust shellfish waters. Today the new Lowes store in Cedar Point officially opened and did, after a request from the NC Coastal Federation, design and install a storm water system that is capable of handling and holding a 10 Ih inch rainfall in 24 hours. Commitment such as this will help communities protect our natural environment and high quality oflife while still allowing for properly planned residential and commercial growth 5/03/07 2 NCCF comments Rezoning Request by ACt-Pine Ridge LLC 142 We believe that a high quality development that does not sacrifice the clean waters and estuarine resources ofthis beautiful area can exist in this watershed. The continued high quality of these waters is dependent upon sound decision~making on projects such as these. A failure to do so is exemplified by tbe degradation and permanent closure to shellfishing of the Outstanding Resource Waters of Howe Creek and Pages Creek. Thank you for your time and consideration of this matter. NCCF appreciates the opportunity to participate in the discussion of this project. Please feel free to contact me at 910- 790-3275 if you have any questions or need additional information. Sincerely :L(~ Cape Fear Coastkeeper North Carolina Coastal Federation Co. Planning Board Members Chris O'Keefe, New Hanover County Planning Director Todd Miller, Executive Director, NCCF Tracy Skrabal, Senior Scientist, NCCF 5103107 3 NCCF comment<; Rezoning Request by ACt-Pine Ridge LLC 143 ...........'...1 . '~i" "7'-' "r ',~, ~",'''''j'. ~_L"""'''''~''''~' --~ __0_ 9N.bililNl~il Ii * ,Ij .' ,... ::lNA1Nno()~:lAOMfHM3N -.... .~..-...'._....--...........'.....:..~. ... 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I ~, 8 m.B I ~:; IIi E .~ . . i . ~ I .~ ~ , ! - - - . ; : +~ <.0 ~. , ~ .' '" .~ ..... .. ,I ,.,.... " rl II~ ~ ~ ~ Q " Ii;.. ~ ;.. . I~ ~ 1JU'I'1 ~. IIJ " ~ ii ~ II ~~ i &~ ~ ~~ ~ ~~ <j:. l;I: 0 ~..",....,......~;::t::'.;!~~':::.':!~7.:.;;~::;;~:;:~'i;!!';~.~;~~_::t;ti!l:~::;'~!lli:O: ~ 144 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Regular Item #: 5.6 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Modify Conditional Rezoning (Z-838, 4/06; Modification, 4/07) - Request by Shanklin and Nichols, PA for Mason Landing Yacht Club, LLC to Modify Existing Conditional District in the Resource Protection Land Classification Located at or Near 2029 Turner Nursery Road to Add 7.69 Acres from R-20S Residential District to the Existing CD(R-15) Conditional Residential District (Continued from the June 4, 2007 Commissioners Meeting) BRIEF SUMMARY: At its April 5, 2007 meeting, the Planning Board recommended approval of the request by a vote of 7-0. One adjacent property owner expressed concern for the need for fire hydrants and requested additional trees to buffer the boundary with Register Place. The Planning Board recommendation includes one additional condition that the vegetative buffer between Register Lane and the proposed Nautica Yacht Club Drive be increased to at least a two-row opaque buffer. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve or deny the conditional use rezoning portion of the request. If the rezoning is approved the County Commissioners must approve or approve with conditions the accompanying special use permit. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: [gm [gm Z-838 Staff Summar}'-Findings of Factdoc Z-838-Petition Summar}'.doc adjacent property map, existing permits (Z-838), applicant materials, Burgess letter, and site plan ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Tabled until the November 5, 2007 agenda by a vote of 5-0, at which time the item will be heard or withdrawn. 145 CASE: Z-838, 4/06; modification 4/07 APPLICANT: Mason Landing Yacht Club (Continuedfrom the May 7 and June 4 meetings) REQUEST: R-20S Residential to CD (R-I5) Residential Add 7.69 Acres to existing 11.46 acres Add 18 residential units to existing 25 units for total 43 units ACREAGE: Modified total 17.66 acres land area and 1.49 acres water LOCATION: 2029 Turner Nursery Road LAND CLASS: Watershed Resource Protection and Conservation-The purpose of the Conservation class is to provide for effective long-term management and protection of significant, limited or irreplaceable natural resources while also protecting the ri.ghts of the property owner. Management of these areas may be required for a num bel' of reasons, including natural, cultural, recreational, productive or scenic val.ues, but are primarily flood prone areas. PLANNING BOARD ACTION: At its AprilS, 2007 meeting, the Planning Board recommended approval of the request by a vote of7-0. One adjacent property owner expressed concern for the need for fire hydrants and requested additional trees to buffer the boundary with Register Place. The Planning Board recommendation includes one additional condition that the vegetative buffer between Register Lane and the proposed Nautica Yacht Club Drive be increased to at least a two~row opaque buffer. STAFF SUMMARY: The property is located on Turner Nursery Road approximately y,. mile east from Middle Sound Loop Road. The current land use on the site is vacant land. Last year] 1.46 acres were conditionally rezoned from R-20 to R-] 5 for 25 residential units and the commercial marina with up to 60 wet slips. AI I of the surrounding properties are zoned R~20S. Properties west of Middle Sound Loop Road in this general vicinity are zoned R-15 residential. The applicant proposes adding 7.69 acres to an existing CD (R.15) district. The recent conditional rezoning maintained the commercial marina with 60 wet slips and proposed 25 housing units. This zoning change can be consistent with the county's policies for growth and development provided the overall project density is limited to 2.5 units per acre and the overall impervious coverage is limited to 25%. NOTE: At the Planning Board meeting, the applicant's attorney expressed the desire to keep the old boat ramp on the property for the purposes of emergency use during storm events. The May 1, 2006 approval included a statement by Mr. Shanklin that ". . .due to concerns of the neighbors and limiting the impervious surface, the boat ramp has been removed from the proposed project. " In response to questions by the Planning Board relating to control of the proposed "emergency only" use, applicant indicated the ramp could remain chained off when not being used for emergency purposes. He stated they would not "use the ramp every day" but only in emergency transactions and situations. ACTION #1 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 146 whether the action is consistent with an adopted comprehensive pl.an and explaining why the board considers the action taken to be reasonable and in tbe public interest." EXAMPLE: The County Commissioners find that this request for zoning map amendment of 7 .69 acres from R- 208 Residential District to CD(R-1S) Conditional District is (or is not): I. Consistent with the purposes and intent of the Watershed Resource Protection land classification and the associated land use policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to allow addition of acreage outside the flood plain to an existing conditional residential district with base density of2.S units per acre in this location and under the terms and conditions outlined in a companion special use permit. Beeause this is a modifieation to a conditional district, staff has the following findings of fact (or your consideration and for the petitioner's concurrence: Preliminary Staff Findings 1. The Board must find that the use as modified will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The added property would be served by the southside treatment plant through the NEI which is currently under moratorium. Private sewer and private water will be provided by the developer. B. The property to be added is not in the I OO-year floodplain. C. Access to the property is ftom Mason Landing Road via Middle Sound Loop Road D. Fire service is available from the Ogden Fire Department. E. The applicant stated that each property within the subdivisionwHl be served by a wet slip within the marina approved under Special Use permit S-556. F. Applicant stated that if the ramp were allowed to remain in place for emergency purposes only, it could remain chained except when used for those purposes. 2. The Board must find that the use as modified meets all required conditions and specifications of the Zoning Ordinance. A. The modified site plan shows a total of 43 residential units, the maximum number allowed under Performance Residential in an R-1S could be 44. B. The proposal increases the project area by 7.69 acres or 44% and the number of units by 42% C. The amount of recreational space (common area) forthe original plan was 2.7 acres. The modified plan proposes 4.6 acres. D. The amount of impervious surface for the original plan was 24.9%. The modified plan shows impervious surface area at 23.4% for an overall reduction. E. The parking requirement is satisfied. F. No buffering is required. 3. The Board must find that the use as modified will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted at the time ofthese preliminary findings that this project will decrease property values of nearby residential use. 147 B. The land use on this new addition has been primarily vacant land within a Residential R-20S zoning district. 4. The Board must find that the location and eharacter 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 pl.an of development for New Hanover County. A. The 2005 CAMA update identifies this area as Conservation and Watershed Resource Protection B. Residential development at the proposed R-15 density occurs mainly in the areas on the interior of Middle Sound Loop Rd. The existing R-20Sis established to foster an "exurban, low density lifestyle" where public services are not available. Suggested Conditions L Staff supports the Planning Board recommendation for additional buffering to separate the development from Register Place. 2. Staff supports allowing the boat ramp to be reestablished 011 Z-838 and under S~556 for emergency use during storm events.. Use at other times would be prohibited in accordance with the applicant's presentation, ACTION #2 NEEDED: (Choose one) 1. Motion to Grant the companion 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 oftbe ordinance. 148 Case: Z-838, 04/07 Petition Summary Data OwnerlPetitioner: Mason Landing Yacht Club Existing Land Use: Commercial Marina and vacant land Zoning History: May 18. 1970 (#3); May 1, 2006 rezoned to CD(R-15) Land Classification: Watershed Resource Protection and Conservation Water Type: Private community well Sewer Type: County Sewer (commitment for 17 of the original lots) plus septic for the remainder until public is available Recreation Area: Ogden Park Access & Traffic Volume: Middle Sound Loop and Bailey Roads-l 06 ADT (04/05) Middle Sound Loop Road LOS is A&B in this segment. meaning traffic volume is well under capacity of the roadway. Fire District: Ogden VFn Watershed & Water Quality Classification: Pages Creek-SA waters Aquifer Recharge Area: Shallow water table, fresh water over salty water ConservationlHistoricl Archaeological Resources: NI A Soils: Seagate fine sand; Leon soil; Murrayville fine sand -Class II and Class III respectively Septic Suitability: Moderately Suitable to severe limitations Schools: Ogden Elementary 149 ~ ~ << ~ i5:;j ~ ~ u- i'G <: t;~ {i~~ ~~- ~g~~ is i -5 ; c. ":. -~ U U '0 'u -0; _u: iU ,u ;;)0 i .~ I lU i ~li'5 f : :I~ :J'::J:j:j'j" ;jj~:Lji~ ,:lL d! iW!U _ jl! .ll, ~ Z ..J '. J L;Sj ii III "l "l!'l"l,"l 'I' . ,~, l"ll"l ''':l'!!], , ,: ',~ :.~ 1m I", ,'!l, ,'!I'~ "ll :"1 l'!l i ,"l,,>- I~,' ' .... . ...... i$ d cLo d '0 : , :0 10 :d ,0, ;" 'z Jill' :,( '0 I' ;"" ,'0 Iii 0 10! !o:' 0 ! 12 h ~ " ! 55 ',5, '5 '5", 'I,!, :h 15 :,5 i,:S ;5 ',:fi .~ '511 ifl'i, ',2 !g, S, II", !~ ! !5!~;! '5 i ia ta I~ I~,::J" i .., <.l:;;: '" 0 '" "'''' "'''' ,,, I", ,'" ''''''' '", '51 ' "'0 ." '15 .." 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C".( _.~- ~-- " /' ./'-. 150 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No.3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED May 18, 1970 CASE: Z-S38, 5/06 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No. 3 is hereby amended by removing the hereinafter described tracts from the R-20S Residential Zoning District Classification and placing them in the CD (R-15) Residential Zoning District Classification, said land being described as follows: Parcell: BEGINN1NG AT THE INTERSECTION OF THE SoUTHERN RIGHT OF WAY LINE OF MASON LANDING ROAD (60' PUBLIC RIW), AND THE BASTBRN RIGHT OF WAY LINE OF'IlJRNBR. NURSER.Y ROAD (SR 1406,40' PUBUc R/W). THBNCE. FROM SAID BBGlNNING POINT, ALONG AND WIlH SOUTHBRN RIGHT OF WAY OF MASON LANDING ROAD, NORTH 87 DSORBES 01 Ml.NtlT.BS 33 SECONDS EAST .283.79 FBET TO AN .EXISTING IRON PIPB, THENCB CONTINUING ALONO SAID RIGHT OF WAY, NORTH 87 DEGREES 10 MlNt1IBS 08 SECONDS BAST 6S.27PBBT TO AN EXISTING IRON PIPE, THENCE CONTINUING ALONG SAlD RIGHT OF WA YNOam 86 DOORBES 51 MINUTES 38SBCONDS BAST 110.46 FBET TO A POINT, SAID POINT ALSO BEJNa LOCATED SOUTH 74 DEGREES 44 MINUTES 25 SECONDS mST 129.48 FEBT FROM A RAILROAD SP:II<:E LOCATED IN mE CEN'I'ER. LINE nrr.ERSBCTION OF MABON LANDlNO ROAD wtmRB IT TAKES A NORTHBRL Y TURN. nmNCE SOUTH 41 DBGREES 03 :MINUTES 35 SBOONDS EAST 1089.26 FEET TO A RED STONE. nmNCB SOUTH 34 DEGREES 37 MINUTES ]0 SECONDS WBST 73.82 FBBT TO A POINT. TRENCH SOUTa 49 DEGRBBS 16 MlNUTBS 20 SECONDS EAST 469.00 FBBTro A POINT IN THE INTRA.coASTAL WATBRWA Y. THBNCE soum 36 DBOREES 36 MlNU1:'B8 s4 SECONDS WEST 99.94 FEET TO A POlNT IN THE WA'I'BR.WAY. THBNCB NORTH 47 DEORBES 55 MINUTES 42SEcmms WEST 466.80 FEET TO A pOINT. TIlBNCE NORTH 46 DBGREES 50 MINUTES 42 SECONDS WEST 499.98 FEBT TO AN OLD STONE. THENCE NORm 36 DEGREES 55 MINlrrES 51 SBCONDS WEST 17.98 FEET TO A POINT. 'I'HENCB SOUTH 53 DBGRBBS 12 MlNt11ES 10 SECONDS WEST 81.19 P1mT TO A POnIT. THENCE: sourn: 53 DBGRBBS 03 .MlNtJTES 20 SECONDS WB8T 216.89 FB:BT TO AN EXISTING '\tON PIPE. THENCE CONTINUlNo TIm SAME COURSB 19.115 FBRT TO AN IRON PIPE SHT IN am EASTERN RIGHT 01" WAY OF TURNER NURSERY ROAD. THENCE ALONG AND WITH THE BASTERN RJW OF SAID ROAD, NORTH 35 DOORBBS 55 MlNtITRS 19 SBCONDS WEST 286.74 FEET TO AN OWN PlPB SET, SAID IRON PIPB ALSO BEING LOCATED NORTH 50 DEOREES 54 MINUTBS 11 SECONDS EAST 19.07 FBET FROM A RAILROAD SPIl<E IN nm CENTERLINE OP BAJD ROAD. TRENCH ALONG AND WITH SAIl) RIGHT OP WAY, NORTH 41 DBGREES 04 MlNUTBS 17 SECONDS WEST 355.64 FEET TO A DOT RfW MONUMENT THENCE ALONG AND WITH SAID RIGHT OF WAY NORTH 46 DEGREES 19 MINUTES 51 SECONDS WEST 26534 FEET TO THE POINT OF BEGINNING. CONTAINING 10.07 ACRES. Parcel 2: Z-838 Page 1 of 2 151 i I COMMENCE AT THE INTERSECTION OF THE SOUTIlERN RIGHT OF WAY LINE OF MASON LANDING ROAD (60' PUBLIC RIW). AND tHE EASTERN RIGHT OF WAY LINE OF TURNER NURSERY ROAD (Sa 1406. 40' PUBLIC RIW). THENCE SOUTH 87 DEGREBS 27 MINUTES 04 SECONDS WEST 57.62 FEBr TO A DOT R1W MONUMENT AT THE INTERSECTION OF SOUTHERN RJW OF MASON LANDING. AND WEST RfW OF WRNBR NURSERY ROAD. TFlENCE ALONG AND W1TI:I WESTERN RJW OF TURNER NURSERY ROAD SOUTH 46 DEGREES 37 MlNU'I'BS 37 SECONDS EAST 303,82 FEET TO A DOT R/W MONUMENT m THB WESTERN RJW OF TURNF....R NURSERY ROAD. THENCE ALONG AND WITH BAlD R/W SOUTH 41 DEGREES 04 MINUTES 17 SECONDS EAST 90.80 FEET TO TIm POINT OF BEGINNING. THENCE FROM SAID POINT OF BEGINNING SOUTH 41 DEGREES 04 MINUTES 17 SECONDS BAST 260.76 FEET TO A DOT RJW MONUMENT, SAID RJW MONUMENT ALSO BEING LOCATED SOtrrH 52 DEGREES 02 MINU'IES S6 SECONDS WEST 20,98 FEET FROM A RAILROAD SPIKE IN TIm CENTERLlNB OF TtJRNBR NURSERY ROAD. THENCE SOUTH 35 DEGREES 5S M'INUTSS 19 SECONDS EAST 81.64 FEET TO AN IRON PlPB SET. THENCE, sourn S3 DBGREES 49 MINUTES 13 SECONDS WEST 168.20 FEET TO AN EXISTING IRON PIPE, THENCE. NORm 41 DEGImSS 51 MINUTES 42 SECONDS WBST 334.16 FEET TO AN BXIS'l1NG IRON PIPE, THENCE, NORTIl49 DEGREES 15 .MINU1'ES 18 SECONDS EAST 180.07 FEET TO urn POM OF BEGINNING. CONTAINING 1,39 ACRES MORE OR LESS, AND BBINOTHE SAME AS DESCRIBED IN DEED BOOK 4959 PAGE 2639 OF THE NEW HANO~ COtJNTY REGISTRY. Sectio~ 2: The County Clerk is hereby authorized and directed under the supervision of the Co ComnusslOners to Change the Zoning Map Area No 3 . . fil ... th fii unty Commissioners, so as to make it comply with this ordin~ce~n 1 e In e 0 Ice of the County S;CtiO~ 3. ~y o,rdinance or any part of any ordinance in conflict with this ordinance to the extent o suc. con let, IS hereby repealed. ' Section 4, . This ordinance is adopted in the interest of public health . ail t . .} :~~~: :~::::;i~:~ i~: ~~~~~:ty of New Hanover, North Carol{n~ :n~ s~~~~~ =~t:~~~ Adopted the 1st day of May 2006. 1l~ Attest: Robert G. Greer, Chairman ~\~tA \ ~ \u~~ Sheila Schult, Clerk t~ the Board :b838 Page 2 of 2 152 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For 25 residential units in a CD(R-15) Zoning District z",838.04/06 The County Commissioners for New Hanover County having held a public hearing on May 1, 2006 to consider application number Z~838 submitted by Mason Landing Yacht Club, LLC for a special use permit, companion to the conditioIlal rezoning request, to locate a twenty~five (25) residential units in a CD(R-15) Residential District located at 2029 Turner Nursery Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: l. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 59.7 of the County Zoning Ordinance Wl!LL 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 frrst 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 property has county sewer and private utility water service. B. The subject property along the boat basin is located within a I OO~year flood area. C. Access to the mariIla will be from Mason Landing Road via Middle Sound Loop Road. D. Fire service is available from Ogden Fire Department. 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 plan shows twenty-five (25) residential units, the maximum number allowed under the performance residential in an R -15 Residential zoning district B. The amount of recreational space is 2.7 acres. C. The amount of impervious surface is 24.9%. D. The residential parking requirement is satisfied on the site plan. E. No buffering is required. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been presented that this project will decrease property values of nearby uses. B. The land use on this prope.rty has been a commercial marina within a residential district for 23 years. 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 153 it is to be located and in general conformity with the plan of development for New Hanover county. In support oftrus conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2005 CAMA Land Use Plan update identifiees this area as Conservation and Watershed Resource Protection. B. Residential development at this density occurs frequently throughout the Middle Sound area. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HA VE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRA1\lTED subject to the attached site plan: Ordered this 1st day of May, 2006 (/;JM-. Robert G. Greer, Chairman ~\l~\~~a\~ Sheila L. Schult, Clerk to the Board 154 APPLICANT MATERIALS 155 EXHIBIT" A" TO PETITION FOR CONDITIONAL USE ZONING DISTRICT CLASSIFICATION OWNER! PETITIONER: Mason Landing Yacht Club, LLC AGENT: Kenneth A. Shanklin Matthew A. Nichols SHANKLIN & NICHOLS, LLP DATE: March 8, 2007 PROPERTY: 2029 Turner Nursery Road Wilmington, NC New Hanover County Hereinafter referred to as the "Property" A. REZONING ISSUES AND THE COUNTY'S POLICIES FOR GROWTH AND DEVELOPMENT 1. How would the requested chanee be consistent with tbe Counw's Policies for Growth and Deve/olJment? The subject property is composed of 19.15 acres total developable area composed of 1.49 acres as natural water features for a net developable area of approximate 17.66 acres located off Middle Sound Loop Road on Turner Nursery Road, north of Wilmington, and is more particularly described in the attached legal description and the site plan enclosed with the rezoning application. In May of 2006, 11.46 acres of this site was rezoned to CD R~ 15 Residential Conditional Use District rezoning [Case No. Z~838 (May 2006)] and Special Use Permit [Case No. S-556 (May 2006)]. The project is the Mason Landing Yacht Club Development. The new proposal incorporates the previous ll.46~acre tract and expands the footprint of the Mason Lauding Yacht Club Development (sometimes referred to hereinafter as "Original Property") to incorporate adjoining property to better develop these adjoining properties, which 156 can be served by the marina located within the Original Property. The proposed rezoning of this site would be consistent with the County '$ Policies for Growth and Development (hereinafter "Land Use Plan"). Specifically, the proposed rezoning of the additional 7.69 acres, more or less, ("Supplemental Property") from the current classification of R-20S to CD(R-I5) will be in harmony with the overall development of the area and compliment the existing Mason Landing Yacht Club Development. Please see generally the Applicant's corresponding Special Use Pennit Application. 2. How would the requested zone chaoee be consistent with tbe property's classification on the .Land Classification MaD? The Property's classification on the Land Classification Map is "Resource Protection." Even though classified as Resource Protection, rezoning the Supplemental Property to CD(R-I5) to be consistent with the Original Property would be consistent with the Land Use Plan and would expand the goals cited by the County Commissioners in approving the Mason Landing Yacht Club Development rezoning and special use permit in May of 2006. A substantial portion of the Original Property has been under a special use permit (Special Use Permit No. 67, as amended) since 1973 and used as a commercial marina. Consistent with the May 2006 rezoning of the Original Property to the conditional use district classification, the Supplemental Property will complement th.e central design of water and sewer services and will control the stormwater and protect the natural resources on this site with the careful design of residential home sites and an integration of these home sites with the commercial marina providing boat slips for the homeowners as well as additional wet slips for rent or sale to the public of the remaining slips. The Applicant requests 43 Units-fewer than the performance residential density calculation of 17.66 acres @ 2.5 units/per acre (R-15), which would yield 44 units. 3. What sie:nificant nei2hborhood chane:es bave occurred to make tbeorie:inal zonine: inappropriate. or how is theJand involved unsuitable for the uses permitted under the existine:zonine? This rezoning request will not significantly or adversely cause neighborhood changes. Please see generally the Overview section of Exhibit "A" to the corresponding Special Use Pennit Application for this conditional district rezoning request. Consistent with the Applicant's previous rezoning of the Original Property, the Applicant's proposed use of the existing marina facility, as shown on the CO(R-I5) site plan, will continue the decrease of activity for the marina and property than can generally occur under the previous SUP No. 67-Johnson's Marine and Boat Sales. All of the attributes of the rezoning and special use permit for the Original Property continue over to this Supplemental Property. The Applicant is essentially seeking to expand its very high quality residential yacht club development by eighteen (I8) units from twenty~five (25) unit single family residential units to -2- 157 forty-three (43) units-all to be complemented by the existing marina facility with each residential unit having a corresponding wet slip in the 60-slip marina facility. During the rezoning of the Original Property (with the marina) and in response to neighbor concerns, the Applicant eliminated all dry-stack storage of boats from an earlier version of its site plan for the Original Property. By shifting the focus of the Original Property from commercial to residential, the Applicant sought an R-15 zoning designation (2.5 units per acre), which allowed an additional six units on the entire Original Property of 11.46:1:: acres, rather than the 19 units pennitted as of right under the R-20S zoning designation (1.9 units per acre). The proposed rezoning for the Supplemental Property is consistent with the Land Use Plan and the goals of the rezoning of the Original Properties. Keeping the entire Property at 2.5 units per acre (R-15) would allow greater flexibility with the site and planned open space as shown on the Site Plan. This small increase in the number of allowable units for the Supplemental Property will essentially allow the Applicant to expand its existing outstanding development with a proposed first-rate clubhouse, pool facility, landscaping and other amenities and components. The perfonnance residential development pattern for the Property at the R-15 level will create an efficient use of this valuable land and enable a better utilization of the marina's 60 wet slips by 43 homeowners rather than 25. The R-I5 zoning density is consistent with the County's Land Use Plan for Resource Protection areas. From a utilization and traffic standpoint, the marina will now have more homeowner involvement and less use by non-homeowners. 4. List proposed conditions and restrictions that would mltieatethe impacts of the proposed use. Conditions and restrictions were already developed for the Original Property when this portion of the project was rezoned in May of2006. Additional conditions and restrictions will be developed as this application is processed by the County Planning Department. -3- 158 !t WHAT YOU MUST ESTABLISH FOR A SPECIAL USE PERMIT OVERVIEW Development Data: Total Development Area- 19.15 ac. Minus Class IV Soils- 0,00 ac. (not applicable) Minus Natural water features - 1.49 ac. (not applicable) Total Development Area- 17.66 ac. Performance Residential Densitv- 17,66 ac. @ 2.5 unitslac. (R~ 15) == Total Units Permitted - 44 · '" 43 Units Proposed '" '" Area in Right-of~way - 1.52 ac. Area in Lots - 8,09 ac. Area. in Open Space - 4.50 ac. Area in Marina- 3.45 ac. Total Tract Area - 17.56 ac. 60 Boat Slips with Proposed Emergency Ramp ~4. 159 General Requirement #1 The Board must find "that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved." Statement by Applicant: As stated above, in May of 2006, the County Commissioners rezoned a significant portion of the Property-the llA6~acre tract rezoned to CD R-15 Residential Conditional Use District rezoning [Case No. Z~838 (May 2006)] and Special Use Pennit [Case No. S~556 (May 2006)] (amending and modifYing the previous SUP No, 67 for a commercial marina on the Original Property last am.ended in 1999), With these previous special use permits for the Original Property, the County Gommissioners have detennined that the operation of the marina and the residential component at a density level of 2.5 units per acre for the Property <'win not materially endanger the public health or safety iflocated where proposed and developed." In this regard, it is significant to note that the proposed CD(R-I5} site plan for the Supplemental Property with the Original Property is actually a less intense use of the entire Property than that allowed under the original SUP No. 67. As discussed with the 2006 hearings for SUP No, 8-556, the new Mason Landing Yacht Club project eliminated boat sales, repairs, construction or storage on the Property and has resulted in a remediation of the Property from the intense commercial use to a more environmentally friendly planned residential development. In contrast to the previous commercial marina, the Mason Landing Yacht Club CD(R-IS) site plan provides for an upscale single-family residential development, with each unit having a corresponding wet slip at the existing marina. The marina is presently undergoing a significant face~1ift, including upfitting, landscaping, lighting and other aesthetic improvements to improve the marina facility, common areas and open space to a level commensurate with the high quality homes and clubhouse facility to be constructed. The Applicant has submitted and received certain pennits from the Division of Coastal Management and the U.s. Anny Corps of Engineers for the marina improvements and is planning to commence work before April I, 2007. . With only forty-three (43) residential homes to be offered for the entire Property, each within walking distance of marina, this will be a very high-end development unlike any other in New Hanover County. In short, SUP No. S~556 will continue and be amended to include the Supplemental Property and additional residential home sites. SUP No. S-556 provides for a total of 60 wet slips. During the approval for SUP No. S- 556, the Applicant wanted to eliminate the existing boat ramp; however, it has realized since May of2006 that an emergency boat ramp for this area of New Hanover County is a public need, Accordingly, the submitted Site Plan for the Property contains a modification for SUP No, S~556 to allow the Applicant to continue the use of the existing boat ramp for emergency situations, especially during hurricanes when access to a ramp is critical to remove boats from the water. -5~ 160 By pursuing its rezoning of the Original Property to CD(R-IS), the Applicant will apply tbe limitations of the County's Zoning Ordinance that strictly limit uses in a conditional use distri.ct to the approved use. See Section S9~7-2(2). The proposed use of the entire site as CD(R~ 15) will ensure a well planned community for this area of the County. Again, approval of the CD(R~ IS) rezoning and site plan for the entire Property essentially eliminates the possibility for a dry.stack storage facility of any significance on any portion of the Property in the future, which has been a concern for the surrounding neighbors in past hearings. With the May 2006 rezoning and special use pennit of the Original Property, the County Commissioners opted for a scaIed~down version of the then-pennitted commercial marina, with less boat storage, less impervious surface, less automobile traffic being generated, better stonnwater management, and a focus on the residential nature and use of the property. By reason of the foregoing, the proposed use of the entire Property, especially with the Supplemental Property, will "not materially endanger the public health or safety" where it is presently located. In fact, in its 1999 Order, the County Commissioners stated that the marina "has been a vital and integral part of Middle Sound for many decades," (1999 Order at p. 4.) Additionally, since one part of the conditional use is essentially a continuation of the marina use of property over the past several decades, there will be no additional impacts on water quality, primary nursery areas, shellfish grounds or conservations resources, which is a point made by the County Commissioners in its 1999 reaffirmation of SUP No. 67 (See Finding of Facts p.3). The findings of the Commissioners' for SUP No. S~556 continues as applicable to the Supplemental Property to be including with the Original Property to form the entire Mason Landing Yacht Club Development. Commercial marinas are specifically permitted in R~20 and R-15 districts with certain special and general use conditions. Section 23-63 of the County's Zoning Ordinance defines a Commercial Marina as "any dock or basin and associated structures commercially providing permanent or temporary harbori.ng or storing of two (2) or more boats (pleasure and/or commercial) and providing marine services, including, but not limited to, retail sales for fuel, repair, convenient food stuffs, boats, engine and accessory equipment." The fonner lohnson's Marina under SUP No. 67 squarely met this definition of a Commercial Marina under the provisions of Section 23-63, and the continuing use of the marina property under the proposed CD(R-IS) Site Plan for the entire Property likewise meets this definition but in a less intensive manner, As affinned with SUP No. S-556, the other uses of the subject Property, apart from the commercial marina, will be residential, which is a pennitted use by right in the R-I5 zoning district, carrying over to the CD(R~15) zoning district. See Section S9~7-2(1}. ~6- 161 General ReQuirement #2 The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance. Statement by Applicant: In addition to the foregoing, existing SUP No. S-556 meets all of the required conditions and specifications of the County Zoning Ordinance and the addition of the Supplemental Property will not impair the conditions and viability of SUP No. S-556. A review of the proposed CD(R-IS) application and site plan demonstrates that aU technical requirements for the R~ IS zone and development of a commercial marina have been or will be satisfied. General ReQuirement #3 The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." Statement by Applicant As stated above and reflected in existing SUP No, S-556, since this conditional district rezoning request is for the continued use of a commercial marina, together with a residential component, there will not be any significant or adverse neighborhood changes. The overall density will be In keeping with the Resource Protection classifi.cation in the 1999 CAMA Plan and the Wilmington-New Hanover County Joint Coastal Area Management Plan (2006 Update) e'2006 CAMA Plan Update") (collectively referred to as "Land Use Plan"). In its 1999 Order, the County Commissioners stated that the marina <<has been a vital and integral part of Middle Sound for many decades." (1999 Order at p. 4,) The Applicant will offer evidence supporting its position that the proposed CD(R-IS) will not substantially injure the value of adjoining or abutting property as it did during the hearings for SUP No. S-556. The Applicant, in fact, suggests that development of the proposed project will have a greater beneficial impact on surrounding property values than that caused by the previous commercial marina use of the Original Property under the previous SUP No, 67. The Applicant envisions a beautifully landscaped, aesthetically pleasing community with well-constructed Charleston-style homes that will enhance the surrounding residential property values and be one of New Hanover County's premier waterfront communities. Over the past few decades, there has not been a diminution of value in the adjoining properties because of the previous commercial marina under SUP No. 67 relating to the Original Property, which has been a part of the Middle Sound community since the 1960's. Properties surrounding the existing marina facility, particularly those on the water, are perhaps some of the most rapidly appreciating and valuable residential properties in the County, if not the entire State. The proposed improvements and enhancements to the subject property are not expected to have an adverse impact on this trend. -7- 162 Additionally, based upon the findings of the County Commissioners in 1999 regarding SUP No. 67, use of the Original Property as a commercial marina was viewed as a public necessity, This is why the Applicant is requesting a modification of SUP NO. S~:556 to continue the boat ramp at the marina for emergency uses. In addition to the boat slips sold with each of the 43 single family residences, the remaining wet slips will be made available for lease or sale to the public. The County Commissioners specifically found in 1999 that '<water dependent uses are in critical need in New Hanover County, and the County must provide adequate opportunity and land for the operation and growth of commercial marinas." (1999 Order at p.2,) This finding was ratified by the Commissioners in approving SUP No. S~556 in May oflast year. GeneratRequirement #4 The Board must find '<that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County." Statement by Applicant: As noted above and consistent with the existing CD(R~ I5} zoning for the Original Property, this conditional district rezoning request for the Supplemental Property is essentially a request to better an existing residential/marina facility project and allow th.e expansion of an upscale surrounding single-family residential community in harmony with the surrounding residential neighborhood, Accordingly, the County Commissioners have previously determined (unanimously) that this site is a proper location for a marina and that a commercial marina on this property is in harmony with the surrounding area. and this facility in the past <<has existed in harmony with the surrounding area," (1999 Order of County Commissioners, p. 4,) The subject Property is classified under the current land use plan as Resource Protection. The Applicant does not intend to intensifY the use of the Property, and, as stated above, the proposed CD(R-I5) site plan for all of the Property envisions a less intense use of the Property in keeping with the issuance of SUP No. S-5:56, especially regarding vehicular traffic to and from the development. The proposed expansion of the residential/commercial marina use of the Property will advance many of the goals of the Land Use Plan. Some of the primary policies and goals contained in the 1999 CAMA Plan and 2006 CAMA Plan Update include generally the following: The Applicant's proposed use of the property complies with the Policies for Growth and Development adopted by the Board of County Commissioners. Specifically, the Applicant is in compliance with the general economic and community development policies under the Land Use Plan. Continuation of the ~8~ 163 use of the Applicant's property as a commercial marina with a single family residential component is consistent with the Land Use Plan, The Applicant's proposed use of the property is not injurious to the environment and complies with all of the provisions of commercial and industrial development policy set forth in the Land Use Plan. Since commercial marinas are permitted in all residential uses, it is particularly important that the established marinas which have existed for many years in New Hanover County be fostered and allowed to develop and evolve. The issuance and reaffirmation in 1999 of SUP No. 67 and the issuance of SUP No. 8-556 in May of 2006 were decisive conclusions of law that the use of the marina portion of the subject property as a commercial marina was and remains beneficial and compatible in the subject residential zoning district The proposed use is a continuation, enhancement and improvement of and to the existing marina use of the property and is clearly in harmony with the area and consistent with the historical use of the property.. Both the 1999 CAMA Plan. and the 2006 CAMA Plan Update state that the City of Wilmington and New Hanover County shall "[e]nsure the provision and preservation of adequate open space for the continuing enjoyment of residents, for its contribution to the community today and for generations to come, to protect our natural environment and wildlife habitats, and to provide educational & recreational opportunities." (1999 CAMA Plan Open Space Policy 2.1; 2006 CAMA Plan Update, Open Space Policy 2.1.) As sho'Wll by the CD(R-15) site plan, the efficient clustering of homes under a performance residential framework will provide for areas of open space not found in traditional R-15 or R-20 developments. Working closely with NCDENR, the Applicant will ensure that the entire 19.15 acres (including 1.49 acres of water features) will be developed in a manner consistent with sound stonnwater management and will comply with aU applicable codes, ordinances and regulations. In this regard, the proposed CD(R~15} site plan strives to <<enhance the quality of the built environment while preserving and protecting the area's natural environment." (1999 CAMA Plan, LocationlDemand Policy 1.) It is important to note that a great deal of the Original Property (commercial marina) consisted of impervious concrete surface that is being removed as development of this site begins. The Applicant plans to remove a significant portion of this concrete, as sho'Wll by the CD(R~15} site plan (and as shown on the site plan for SUP S~556 as well), resulting in less impervious surface at the project's build out than currently exists with the Johnson's Marina commercial mari.na facility, The commercial/residential mixture of the property is also favored by the Land Use Plan, which encourages mixed-use developments, though the commercial use of the property will be much less intense than previously existed under SUP No. 67. The Land Use Plan also states that the County shall <'strive to protect the character of the area's existing residential neighborhoods" -9~ 164 (1999 CAMA Plan, Residential Neighborhoods Policy 7), which goal is promoted by the expansion of the Mason Landing Yacht Club project. The Land Use Plan '<encourage[s] innovative development strategies" and <'flexible design guidelines that enhance the aesthetic impact of the built environment" (1999 CAMA Plan Design/Regulatory Policy 8; see also 2006 CAMA Plan Update, Policy 52). The Applicant and its development team are very proud of the design of the proposed project with the expansion of the Supplemental Property, which has been revised extensively to reflect and address the comments and concerns raised by area neighbors. Ultimately, the proposed CD(R.15) site plan seeks to make the best use of this unique property, and one that will result in an outstanding and innovative water oriented/water access community of the highest quality with a first-rate marina facility unlike any other in this area. .10- 165 /_ ..:,~i~;f~t~~",1-;),~.. <<(al~ ~~n~"g r f4ew \ (" "< 230 Government Center Suite ISO \.\.. .v) ~ ~<~'~,~:1 hms-~;;- Wilmington, NC 28403 P 910.798.7165 F 9 1O. 798.7053 tt'll'is O'Keefe Planning Director March 23, 2007 Mr. Ken Shanklin, Attorney Shanklin & Nichols, LLP 214 Market Street P,O. Box 1347 Wilmington, NC 28402-1347 Re: Mason Landing Residences & Yacht Club (File Number 07020.00l) Dear Mr. Shanklin: In regular session on March 21,2007, the County's Technical Review Committee (TRC) infonnaUy discussed and provided cursory comment on the proposed preliminary site plan known as Mason Landing Residences & Yacht Club located off Turner Nursery Road, Middle Sound Community. As you know, this project has been resubmitted to the County as a Conditional Use Rezoning modification to add 7.69 acres (18 additional lots) to the project from R-20S (Single Family) to the existing CD(R~ 15) Conditional Use District. This matter will be heard at the April 5,2007 Planning Board meeting. In their cursory review/discussion of Mason Landing Residences & Yacht Club, the TRC provided the following comments: l} Clarification on the number of boat slips is requested. The Board of County Commissioners approved 60 slips. The TRC in their approval of the preliminary site plan in August, 2006 approved 57 slips as displayed on the plan. 2) Nautical Yacht Club Drive within the project and Register Lane in Register Place subdivision are only 15' apart and run parallel to each other, Only 160' separates the entrances for the two streets. TRC members recommended moving the road to the northeast side to improve the design of the project. One member suggested eliminating Nautical Yacht Club Drive and utilizing Register Lane. 3} The project is located within the Northeast Interceptor Moratorium area. A suitable method of wastewater treatment will be required. A clarification on the use of potable water will also need to be addressed. Ifprivate well and septic systems are proposed, the project may not qualify for Perfonnance Residential criteria under Sections 51.5-2 (5),52.5-1 (if rezoned), and 69.6 of the County's Zoning Ordinance. 166 Shanklin Letter 2.. 4) While not expressly prohibited under perfonnance residential criteria, proposed lot sizes ranging from 6,700 square feet up 10,000 square feet do not fit in with the surrounding character of the community. Based on the present zoning ofR-20S, the principle use of the land is for low density single family residential purposes. The regulations of this district are to pennit development compatible with the preservation of its rural character and provide for limited growth, Please note that a more thorough review of the site plan with additional agency comments will be provided once a formal submittal of the plan is presented to the TRC for review. Attending the meeting were TRC Chairman David Adams (Planning Board), Sam Burgess (Planning staff), Jim Iannucci (County Engineering), and Tom Sosebee (County Fire Services). Also attending were Sharon Huffman (County Legal), Jane Daughtridge & Bobby Harris (Planning staff), Matt Davis (County Fire Services), Vernon Weedon (County Schools),Cindee Wolf and Mark Hargrove(Witbers & Raven.el), Steve Saieed and Dick Hurst (developers of the project), and you. Please share this infonnation with your client(s). Contact me if you have questions. I may be reached at 798-7441. cc: Planning Board members Sincerely, Zoning Enforcement (Hines) f:. a.YMl,,~D Fire Services (Davis) Engineering (Iannucci) S.A. Burgess County Legal (Huffman) Principal Development Planner ./ County Planning (O'Keefe/Daughtridge) File 167 I' 'E ~ h diS!,. if ~- ~l Hi f~ If ~ fJt I II.. 0 rilli '1'1 ~j ~ J .., f . U, <i. ~~Il~ j;l ~ Iii ,n i,~1 i.IJ _~J~ , '" I - 1:>2, ~ 'Ii 'J"io, 0 'i ,~!J ;g I I <>0' g '.S: ~ v . -g I II "hi ~ij ~'I'I rn .{ iffl ~ ~' . .1 · l"n >II Hi"~~ f ~ . ~l.' AV j If I -, ji/~~!J / r 6(1 . II )ll! [I. f. tI if d~; III . I k ~.~Ha... .~ I' ,"~'1" r. IrHa .~ Ii' In HI . ~~~~. !II II ill HiI! elf oJ It tiI.. III '" ,.l I ~!.!Ii 1 .it i I 1 ' J 1~ i ~ ..... ...1Ii J ~ ! ~ l~j H:~~ l bill ~:F. .,. . HI ;Hd f MiqJ w~ !,,~. ;z~ j . ''J' JJI~J ~i 1 U . /' 19 j m! .. ~" 0( ~ ~ + : .: ,~ . !;~ IIU o:~ , i' q~lit~f m~. Ii I ~~ IIi t lilt ~,~ !!U j; I I~~?~~!~~~~~~~~~~~. ~ ~ lllllj:d!l!li i li~ ~tn~8t181!~5~.nn':' W .Jd,h.:J :~U JUid 11~iij "-' ~ J I .. . i - - 3 168 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Regular Item #: 5.7 Estimated Time: Page Number: Department: Planning Presenter: Sam Burgess Contact: Sam Burgess Item Does Not Require Review SUBJECT: Non-Public Hearing Item Road Closing Resolution of Intent (SC-84,06/07) BRIEF SUMMARY: The New Hanover County Airport Authority has petitioned the County to close Futches Avenue. In a cursory review of the road closure petition, County Fire Services has indicated that they have no issues with the proposed closure of the road. County Engineering staff has indicated that they would like to see the road closed and converted to a 20 foot utility easement. RECOMMENDED MOTION AND REQUESTED ACTIONS: If the Resolution of Intent to close the road is adopted by the Board of County Commissioners, a public hearing would be scheduled for August 13, 2007. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ ~ ........ . .. S C-84. doc Road Clo:sing-F utches A venue letterhead. doc Resolution of Intent lo Close F utches A ve. doc adjacent property map ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Adopted the resolution 5-0. 169 Non-Public Hearing Item SC-84, 06/07 Resolution of Intent to Close Futches Avenue Petitioner: New Hanover County Airport Authority Location: Near Intersection of N. Kerr Ave & Gordon Road General Comments The New Hanover County Airport Authority has petitioned the County to close Futches Avenue. The unimproved road is approximately 2,031 feet in length and contains a 20 foot right-of~way. The road is located near the intersection of North Kerr Avenue and an old segment of Gordon Road leading into the airport property. Farley Drive (SR 1327) also exists nearby. A site map depicting the road proposed to be closed is attached. In accordance with N.C.G.S. 1 53-A-24 I , a Resolution oflntent to close a road or easement must be adopted by the Board of County Commissioners prior to scheduling a public hearing. Staff Comments As depicted on the site map, the unimproved right-of-way known as Futches A venue adjoins property owned by the Wilmington International Airport and Bertram Williams. In a cursory review of the road closure petition, County Fire Services has indicated that they have no issues with the proposed closure of the road. County Engineering staff has indicated that they would like to see the road closed and converted to a 20 foot utility easement. If the Resolution oflntent to close the road is adopted by the Board of County Commissioners, a public hearing would be scheduled for August 13,2007, At that time, additional information regarding the proposed closure would be shared with the Board. 170 \ ~ ,- - I>' \. \ .. .., '" ~~ 0" IX '" J:I S r-1 . / .~_. ...~- '" I ~ III ::s il c: III 0 ~ ;;'" o~ s ~ N .~ ~ ~ ~ ~ ro m /I) "'" Qll:> ! j ... .t:c: i 2::s . ::::I 0 I !to I.. ... mill .: > /I) 0 o c: - III o:X:a- 3: :1:';:: ,...OIllQ o 0:: Z:i -'. ::::I ~-gii< .,f~St:: 8 00 a.; 0 + ~ u 0 ; e-' ... .. ~ (f) Q: If;;z : ~ " 171 . ~".::~,:;::.--:.,: '..\,f)": fir t\,\ New Hanover County (':1 .'.. \',\ Planning Department =1. 1:) New Hanover County' Center ;,-~\ ,'" '., /5.1 230 Govenll11ent Center Olive,. SUite 150 \<'\.~:,;",:::::'....:.// \Nllrningtorl, NC 28'-103 P 910.7987165 F 910,198.7053 Chris O'Keefe Plannin~) Director June 26, 2007 Ms. Julie Wilsey Deputy Director Wilmington International Airport 1740 Airport Boulevard Wilmington, NC 28405 Re: Road Closing Application (Futches Avenue) Dear Ms. Wilsey: Please be advised that your road closing application has been received and is being processed by the County Planning Department. Your request is to close Futches A venue located near the intersection of North Kerr Avenue and Farley Drive. The following time line has been created for the road closing request and will culminate with a public hearing before the County Commissioners if the Resolution of Inlent to close the road is adopted. Resolution of Intent Monday, July 9, 2007 Advertised STAR NEWS Friday, July 13,2007 Advertised STAR NEWS Friday, July 20, 2007 Advertised STAR NEWS Friday, July 27,2007 Advertised STAR NEWS Friday, August 3,2007 Public Hearing (if Resolution is adopted) Monday, August 13,2007 The County Commissioners will meet on Monday, July 9, 2007 at 5:30 p.m. or soon thereafter in the Human Resources Trainin2!. Room at the New Hanover County Government Center. 230 Government Center Drive, Wilmington, NC to consider the Resolution of Intent. Contact me if you have any questions. 1 can be reached at 798~7441. Sincerely, ;0-.. ?~.\lLlJJ Sam Burgess Principal Development Planner 172 Resolution of Intent to Close Futcbes Avenue Wilmington International Airport area Whereas, a petition has been filed pursuant to NCGS 153~A~241, requesting the Board of Commissioners of New Hanover County to close the following described road near the intersection of North Kerr Avenue and Gordon Road: Beginning at a point approximately 50' North from the Southwestern comer of the rights of way of North Kerr A venue and the old abandoned portion of Gordon Road, thence from point of beginning running 803.32' Northeast (N08"49' 12"E) to an iron pipe, thence from the iron pipe running 626.05' Northeast (N09"46'26"E) to an iron pipe, thence from iron pipe running 601.91' Northeast (N08"58'I5"E) to an iron pipe, thence from iron pipe running 20' Southeast (S81 "01 '45"E), thence from the iron pipe running 602.05 Southwest (S08"58'15"W), thence from iron pipe running 626.03'Southwest (S09"46'26"W), thence from iron pipe running 794.56' Southwest (S08"49'12"W) to an iron pipe, thence from the iron pipe running 5.30' Southwest (S28"09'53"W) to an iron pipe, thence from iron pipe running 18.60' Southwest (S87"40'25"W) to an iron and point of beginning. Now Therefore, be it resolved that this Board is considering closing Futches Avenue to public use and that a public hearing on this question will be held on the 13th day of August 2007 at 1 :00 p.m. in the Human Resources Training Room at the New Hanover County Government Center, 230 Government Center Drive, Wilmington, NC at which time the Board will hear all interested citizens and make a final determination as to whether the road shall be closed. The foregoing resolution was adopted by the New Hanover County Board of Commissioners on the 9lh day of July, 2007. William A. Caster, ChairmanO Attest: Sheila L. Schult, Clerk to the Board 173 This page intentionally left blank. 174 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Regular Item #: 6 Estimated Time: Page Number: Department: Engineering Presenter: Jim Iannucci Contact: Jim Iannucci SUBJECT: Heritage Park Drainage Improvement Project BRIEF SUMMARY: To improve the drainage in the vicinity of the Heritage Park Community, the Engineering Department is recommending a drainage project on the property of Bethany Church located on Castle Hayne Road, as shown on the attached map. The proposed work consists of the clearing and grading of an approximately 30 foot wide, 420 feet long floodplain within a minimum 45 foot drainage easement. The easement location is restricted due to the proximity of the church's cemetery. Engineering staff has met with Mr. Roger Rivenbark of Bethany Church and secured the church's approval for the easement width and disturbed area. The church is aware of, and will be responsible for the maintenance of the drainage way. Three bids were solicited for the creation of the floodplain. Low bid was Roadbuilders, Inc. at $17,500 followed by Gary Hauling and Grading at $18,500 and Environmental Clearing & Land Maintenance at $21,890. The Engineering Department has estimated an additional $2,500 for clearing and debris removal. The Engineering Department has estimated $2,000 for required bank stabilization mandated by the US Army Corps of Engineers once the project is complete. The total request is $22,000 for the completion of the Heritage Park Drainage Improvement Project on the property currently owned by Bethany Church. This project will benefit the residents of Heritage Park, Bethany Church and other property owners upstream of this area. Once the project is complete and stabilized, NCDOT will coordinate the removal of the blockages from the culverts under Castle Hayne Road to restore flow. This project, considered to be of regional importance, would be funded in FY 2007/2008 from the drainage fund, which has an FY 2007/2008 adopted budget of $125,000. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Board approve the expenditure of up to $22,000 for the drainage project on the Bethany Church property. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Stormwater Budget ( 802 80285500) ATTACHMENTS: ~ ... .:.. ~; Heritage Park.pdf REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: 175 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 176 This page intentionally left blank. 178 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Regular Item #: 7 Estimated Time: Page Number: Department: Engineering Presenter: Dave Weaver Contacts: Dave Weaver and Jim Iannucci SUBJECT: Consideration of Text Amendment to Stormwater Management Ordinance BRIEF SUMMARY: To clarify the applicability of the New Hanover County Stormwater Ordinance, the Engineering Department is recommending a text amendment to the ordinance. The amendment will add the term of Expansion to the Section containing Definitions. The term will apply to projects that do not fall under the category of New Development or Redevelopment The amendment will also clarify Section 23-432(e) as it applies to site expansion. The current working of Section 23-432(e) does not completely account for site expansion and incorrectly defines projects as redevelopment whenever the expansion equals or exceeds 50 percent of the existing development for clarification: projects with new impervious surface that exceed 50 percent of the existing development should be considered new development and meet all the requirements of the article. The amendment will provide a means for sites to be permitted under the guidelines of expansion when the overall impervious coverage is less than 25 percent and as redevelopment where the expansion is more than 25 percent but less than 50 percent of existing impervious surface. RECOMMENDED MOTION AND REQUESTED ACTIONS: Amend text of the Stormwater Management Ordinance. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ ... . ORDI~lANCE Stormwater {2).doc REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 179 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that tbe New Hanover County Stormwater Ordinance is amended as follows: 1. Add new definition to Division 1. Generally, Section 23-282, D~finitions, to fead: Expansion means any activity that will result in the increase of impervious coverage of an existing developed area without significant modification of USe. 2. Amend existing Division 6. New Development, Section 23-432 (e), Applicability, to read: Whenever the existing impervious surface is expanded as set forth in subsection (a) of this section, the expanded portion of the facilities shall comply with this article. Whenever the expansion results in a total of 25 percent or more of the site in overall impervious coverage, the project shall be considered redevelopment and must comply with subsection (b) of this section. Whenever the expansion equals Of exceeds 50 percent of the existing impervious coverage, the project shall be considered new development and the entire project shall be required to comply with this article. Except as specifically referenced herein, the existing provisions of the New Hanover County Stonnwater Ordinance shall remain unaltered, in full force and effect. This 9th day of July 2007. {SEAL} NEW HANOVER COUNTY By: William A. Caster, Chaifman ATTEST: Sheila L. Schult, Clerk to the Board 180 . DIVISION 1. GENERALLY Page 1 of5 DIVISION 1. GENERAllY Sec. 23-281. Authority. The provisions of this article a:re adopted under the authority granted by the General Assembly of North Carolina. (Ord. of 9~5-2000, 9 I) Sec. 23.282. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Applicant means the owner of a site who executes the forms required for requesting the authorization to construct a proJect pursuant to this article. Application means the application form to be submitted by applicant requesting the authorization of the county to construct a proJect pursuant to this article. Authorization-to-construct means that following the satisfactory review of the application form and supporting documents whereby the county finds that the application and supporting documents are consistent with the requirements of this article, the county will issue an authorization-to-construct. Best management practice (BMP) means a structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water qual.ity protection goals. Built-upon area means that portion of a development proJect that is covered by impervious or partially impervious cover including buildings, pavement, gravel and turf (for pedestrian or vehicular use), recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water area of a swimming pool are not considered bunt-upon area.) Certificate of completion means a signed, sealed and dated certificate prepared by an authorized design professional which states that the construction authorized by the authorization-to- construct as issued by the county has been completed. Certificate of occupancy means the certificate from the county inspections department allowing the occupancy of a building. Connection means any ditch, pipe or other device for the diversion or transmission of storm drainage which will in any way affect the operation or maintenance of the receiving stormwater conveyance. Design professiona' means the individual meeting the state occupational licensing requirements who designs the proposed stormwater system. Detention means the collection and storage of stormwater runoff with subsequent discharg:e to surface waters. Developed land means parcels altered from a natural! state by construction or installation of impervious surfaces. For new construction, the county shall consider parcels developed upon the issuance of the authorization-to~construct pursuant to this article. Developer means a person engaged in land, site or building develiopment. http://library2.municode.com/mcclDocView/II337/1 /80/89/90 6/29/2007 181 DIVISION 1. GENERALLY Page 2 of5 Drainage nuisance means the unapproved obstructions of swales, ditches, culverts, pipes or other stormwater conveyances. Excavation means any act, or the conditions resulting therefrom, by which soil, earth, sand, gravel, rock. or similar material is cut into, dug, quarried, uncovered, removed, displaced or relocated. Facility means a stormwater management facility,. and shall include all land, materials, and appurtenances used in construction and operation of the facility. Facilities incl.ude, but are not necessarily limited to, constructed wetlands, infiltration systems, retention ponds, detention ponds, grassed swales and ditches. FiJI means any act, or the conditions resulting therefrom, by which soil, earth, sand, gravel, rock or any similar material is deposited, placed, pushed, pulled or transported. Floodplain means any area susceptible to being inundated by water from any source. All development activity governed by this article shall be evaluated for the flood conditions anticipated for the 1 DO-year frequency storm. Garbage means any animal and vegetablie refuse resulting from the handling, preparation, cooking and construction of food, including a minimum amount of liquid necessarily incident thereto. Grading means any act causing disturbance of the earth. Grading shall include but not be limited to any excavating, filling, stockpiling of earth materials, grubbing, root mat or topsoil disturbance, or any combination of such activities. Having control over means but is not limited to any person using, transferring, storing or transporting! a hazardous material immediately prior to release of such hazardous material on the land or into the air or the waters. Hazardous material means any substance which, when discharged in any quantity, may present an imminent and substantial danger to the public health or welfare or to the environment. Hazardous material response means the sending of fire department resources to abate hazardous materials which endanger the health or safety of persons or the environment. Illicit discharge means any discharge to a municipal separate storm sewer that lis not composed entirely of stormwater except discharges pursuant to a NPDES permit (other than the NPDES permit for discharges from the municipal separate storm sewer) and discharges resulting from firefighting activities. Impervious means any material that impedes or prevents the natural filtration of water into the soil. Impervious surface areas means areas of impervious material including but not limited to roofs, driveways, patios, sidewalks, parking! areas, tennis courts, concrete or asphalt streets, crushed stone and gravel. Imperviousness means the degree to which a site is impervious. Infiltration means the recharge of stormwater runoff into the subsurface soil. Land disturbing activity means any earth movement and land use changes which may result in soil erosion or the movement of sediments into waters or onto other lands, including, but not limited to, tilling, clearing, grading, excavating, stripping!, filling and related activities, and the covering of land surfaces with any structure or impermeable material. Mowing and bush hogging operations, which does not disturb the root mat, shall not be considered land disturbing activity. Municipal separate storm sewer means a stormwater conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels or storm drains). National pollutant discharge elimination system (NPDES) means a permitting system http://library2.municode.com/mcc/DocView/11337/1/80/89/90 6/29/2007 182 DIVISION 6. NEW DEVELOPMENT Page 1 of 5 DIVISION 6. NEW DEVELOPMENT Sec. 23431. Conformance with article. Stormwater runoff measures for new development shall be designed, constructed and maintained by the owner of the property in accordance with the provisions of this article. (Ord. of 9-5-2000, ~ X) Sec. 23432. Applicability. (a) Any development activity that will result in the accumulation of 110,000 square feet or more of impervious surface area on any site, other thana single-family residence in any development not regulated by the county subdivision ordinance, is required to obtain a written authorization~ to~construct from the county. (b) Any redevelopment activity which disturbs less than one acre that will result in no additional impervious surface area is not required to obtain a written authorization-to-construct from the county. Any redevelopment activity for a site with 11 0,000 square feet or more of exi.sting impervious surface area which will result in more than 3,000 square feet of additional impervious surface area is required to obtain a written authorization-to-construct from the county. Any redevelopment activity for a site with Iless than 10,000 square feet of existing impervious surface area which will result in additional impervious surface area shall be required to obtain a written authorization-to-construct from the county if the totall area of impervious surface exceeds 113,000 square feet. The relocation of impervious surfaces shall be allowed within the project. (c) No land disturbing activity may begin on a site meeting the requirements of subsections (a) and (b) of this section until the provisions of this article have been satisfied and the county has issued an authorization40-construct for the land disturbing activity. (d) Whenever a site is redeveloped as set forth in subsection (b) of this section, stormwater management shall be provided in accordance with the provisions the redevelopment sections of this article for the entire site, even if the redevelopment activity results in less impervious area than previously existed on the site. When a building on a site is redeveloped, or completely replaced, then the new impervious area shall include the total impervious area after redevelopment. (e) Whenever a site is expanded as set forth in subsection (a) of this section, the expanded portion of the facilities shall comply with this article. Whenever the expansion equals or exceeds 50 percent of the existing development, the project shall be considered redevelopment and the entire project shall be required to comply with this article. (f) All projects subject to the provisions of this article shall require the issuance of an authorization-to-construct by the county following approval of construction plans for subdivisions and before receiving buillding permits for non-subdivision projects. (g) The construction of single-family residences on single-family lots of record and valid preliminary subdivision plans on the effective date of the ordinance from which this article is derived shall be exempt from this article. (Ord. o.f 9~5~2000, ~ 10.1; Ord. of 111-7-2002; Ord. of 3-11 11-2002) http://Iibrary2.municode.com/mccJDocView/II3 3 7/1/80/89/95 6/21/2007 183 This page intentionally left blank. 184 MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 WILMINGTON, NC ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 9:55 p.m. l. Non-Agenda Items (limit three minutes) 10:00 p.m. 2. Approval of Minutes 187 10:05 p.m. 3. Update Presentation on the Bradley Creek Sewer Outfall Rehabilitation 189 10:15p.m. 4. Consideration of Request for District Participation: Vineyard West Water Line 191 Extension and Adoption of the Ordinance for Budget Amendment 2008-01 10:25 p.m. 5. Consideration of Northern School Site Regional Utilities Opportunity 197 185 This page intentionally left blank. 186 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 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 District - Approval of Minutes BRIEF SUMMARY: Approve minutes from the June 18, 2007 meeting of the Water and Sewer District 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. 187 This page intentionally left blank. 188 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Water & Sewer Item #: 3 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Don Safrit Contact: Dave Weaver SUBJECT: Bradley Creek Sewer Outfall Rehabilitation Update BRIEF SUMMARY: HDR Engineering is the design engineer providing construction management services on the Bradley Creek Sewer Outfall rehabilitation project This is an update on progress on the project and an opportunity for the Board to ask questions. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff requests that the Board receive the update on the Bradley Creek Sewer Outfall rehabilitation project FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Water and Sewer District Fund ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Hear update. COMMISSIONERS' ACTIONS/COMMENTS: Heard update. 189 This page intentionally left blank. 190 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Water & Sewer Item #: 4 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Request for District Participation: Vineyard West Water Line Extension BRIEF SUMMARY: The developer of Vineyard West is extending the District's water system approximately 1,710 linear feet along Market Street to supply water to this tract The developer only needs an 8-inch water line to serve the project, but is extending a 16-inch water line for the convenience of the District This increased capacity line, along with other ongoing enhancement projects, would improve water flow and pressure to the northeastern area of the County. The developer obtained three bids for the extension as an 8-inch line and three bids for the extension as a 16-inch line. Staff evaluated the bids and checked material costs with suppliers. Staff determined that the difference in cost between installing a 16-inch water line versus an 8-inch water line on this project is approximately $36.23 per linear foot, or $61 ,950. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Commissioners agree to the County's participation and adopt the ordinance for budget amendment 2008-01 in the amount of $61 ,950. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Water System Enhancement Project Water and Sewer Fund Balance will be appropriated to fund the project ATTACHMENTS: Shepard Partners, LLC - Request for County Participation Quote Summary District Correspondence ~ ........ . .. 2008-01 6-25-07.doc REVIEWED BY: LEGAL: FINANCE: BUDGET: HUMAN RESOURCES: 191 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 192 AGENDA: July 9, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-01 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2008-01 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: Water and Sewer Department: Water and Sewer Administration/Finance Exnenditure: Decrease Increase Water and Sewer Administration: Transfer to Capital Proiect $61,950 Total $61,950 Revenue: Decrease Increase Water and Sewer Appropriated Fund Balance: Water and Sewer Appropriated Fund Balance $61,950 Total $61,950 Fund: Water System Enhancements Department: Water and Sewer Exnenditure: Decrease Increase Water System Enhancements: Capital Proiect Expense $61,950 Total $61,950 Revenue: Decrease Increase Water System Enhancements: Transfers In Enterprise Funds $61,950 Total $61,950 Section 2: Explanation To budget for the County's participation in the Vineyard West water line extension 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 2008-01 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2007. (SEAL) William A. Kopp, Jr., District Chairman ATTEST: Sheila L. Schult, Clerk to the District Board 193 SHEPARD PARTNERS, L LC. ""~. ~'7fr ffT-'Wr ~ ""'''';o,ft..,.., MAY (' I 2nD7 May 29, 2007 Mr. David Hollis New Hanover County Engineering Department I Water and Sewer District 230 Government Center Drive, Suite 160 Wilmington, N.C 28403 Re: The Registry at Vineyard Plantation Reimbursement Verification Dear Mr. Hollis, Please accept this as our formal response to the County acknowledging that we are in agreement ",.jth your reimbursement of $ 61,950.00 for the waterline improvements along the old Market street. Please let \1S know if there is any additional information required for YOllr department to isslle our Conveyance. I can reached at 919-422"2903. Kindest Regards, Todd Saieed Manager Cc; Mr. Steve Saieed ivh. Ven Poole Mr. i\ficheal Satterfield Mr. Gil Simmers DOl BENSON DRIVE' SUlTE ,3' . RALEIGH, N C. . 27609 PHONE,919-863-10DO 194 i a a OOO~~ooM 0 lJ"l lJ"l.. . . . . . , . . .. OOO""""""Ltl 0 m m > > > > > > > > > > > > 0 lJ"l ~ m ,.., ~ N 0 , '.0 .0.0.0.0.0.0.0.0.0.0.0 ""',' , c~ ~ ~~~<<<<<~~<<<<~m~~H:~S ~ o .... <J'l.. >- >- .' . . . . . ..~~. . . Z .....-f N <J'l. _;<J'l. U UUUUUUUUUUU <J'l. <J'l. <J'l. =~ E EESSSESEEEE ru ... u ... :r: III g ~ ~+ U 0 0 '(\ ~, ~ ~ ~ ~ > > > > > > > > > > > > > > ~ 8 ~ ~ ~ ~ ~ g 8 ~ o m.o.o.o.o.o.o.o.o.o.o.o.o.o.o a:: N lJ"l.,..... ~.-f O.-f 000 ~ N ~~~~~~~~~~~~~~_NN~~Q~~ M~~ IIlm lJ"l --------------z <J'l.oo ~....o ,.....<J'l.~ "'1Il~ <J'l. uuuuuuuuuuuuuu ........ N <J'l. <J'l. ~=<J'l. 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C u -.... lJ"l <Ll .0 "'=~~i = ~~ l:iO."'''''' m <LlC:: I- ~ 0 'a::::::l Ltl e ~ .:2 Q. ~ 0 u ~ .2 uZ - u...<Ll .~ -o<Ll~ ~ __ - u.' ." . u .9- ill >- ... a:: ~....... _ U u 1"'-= 5 Ee~~ ~~~ -~Ill m 00 ~2e -1"'0. Z_. Ill-~O.".. 1ll>1ll.. co. 0'" '" l:iO. lU__ 1-- lU. 0..... ... III w, . ... _ - lU e u '" .=' cu.~u -~_l:iOO~i"""O "O<Ll=l:iOu:::I_ lU ~ ce", a::C::I.l..>- I-=:::IC. ,lJ"lC= >...:::Icl:iOul:= I.l.. .!:::1 lUOU I-l:iO-(lj U-o~Euu""'U~~lllm-S-<Ll:::l "0 - "'ue 'Iii IQ ~ ::).0. IQ ... U _ u m .... <Ll (..:> _ "0 - ll:: -c .c c:: <Ll lU - <Ll m':::I a:: 0 ~.9:! .s a lc ..... ..... _lIl .!::: = lo a: :[l ~ e J, 0 e!!: !O.....VI 1-~.....UVlI.l..H~~I-I.l..OOHVlI-I-::::l<: m ~ e :! !i2 o 0 c( U 195 NEW HANOVER COUNTY Z 1-7.2=1 Engineering Departm.ent I Water and Sewer District Gregory R. Thompson, P .e, P .LS. 230 Government Center Drive' Suite 160 Cc>unl)' Engineer Wilmington, NC 28403 James S. Craig, P.E. Telephone (910) 798-7139 Depul)' CoonI)' Engineer Fax (910) 798-7051 May 16, 2007 Mr. Stephen D. Saieed Shepard Partners, LLC 3317 Masonboro Loop Road Suite 150 Wilmington, NC 28409 RE.: Market Street Waterline Extension Dear Mr. Saieed: We have received your cost estimate summary and bids for the remaining Vineyard West waterline along Market Street to Porters Neck Road. After reviewing the information, the amount of $203,253 is approved as the current cost of the necessary improvements remaining for surety purposes required prior to recording the final plat. The approved amount does not include the cost of easements, NCDOT encroachment agreements, or NCDENR Public Water Supply permits. Additionally, the amount of $61,950 is acceptable to the District staff as the amount of participation in the waterline upsizing from an 8-inch line to a 16-inch line, which the staff will recommend to the Board of Commissioners for approval. This value represents the maximum amount of participation by the District for this project. Please note that the staff's recommendation to the Board is not a guarantee of participation. The participation and the participation amOunt become approved only on the Board's vote. The participation recommendation will be placed on the next available agenda for the Water & Sewer District Board meeting. If you have any questions or concerns regarding the foregoing information, please contact the District accordingly. Sincerely, f David A, Hollis, PE Chief Project Engineer cc: Greg Thompson, FE, PLS, County Engineer Phil Norris, PE, Norris, Kuske, & Tunstall Consulting Engineers Mike Satterfield, Fletcher, Ray & Satterfield, LLP 196 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Water & Sewer Item #: 5 Estimated Time: Page Number: Department: Water & Sewer District Presenter: Dave Weaver Contact: Dave Weaver SUBJECT: Northern School Site Regional Utilities Opportunity BRIEF SUMMARY: The School Board has a budget of $1.75 million to design and construct off-site water and sewer infrastructure to the Northern School Site off Holly Shelter Road. Engineering staff worked with the School Board and the Boney/McKim and Creed team to estimate costs for two options of providing utilities to the site: Regional or Localized. Both options provide a 500,000 gallon elevated water tank and approximately 2,200 linear feet of 16-inch water line. The Regional Utilities Option also provides the key regional sewer pump station identified in the forthcoming Wastewater Master Plan as necessary to provide sewer to the Castle Hayne area basin through build-out The Regional Pump Station identified in the forthcoming Wastewater Master Plan would have to be built in the future without cooperating in costs with the School Board. (Total Project Cost: $6.67 million; Estimated District Participation: $4.92 million). The Localized Utilities Option only provides a small sewer pump station that serves the school site and tracts immediately adjacent to it (Total Project Cost $1.99 million; Estimated District Participation: $0.238 million). This is a briefing on the two options and a request for the Board to consider the two options: Regional or Localized. With either option, the Board would be requested to participate in the future after bids are received and a budget amendment would be prepared at that time. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff requests that the Board evaluate the Regional and Localized Utilities Options and determine which option it supports so that the School Board can proceed with their design phase. Because the Regional Pump Station will eventually be required to serve the Castle Hayne area, staff recommends that the Regional Option be pursued. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: No funding involved ATTACHMENTS: ~ ... .:.. ~; Northern School Site Utilities Attachment pdf 197 REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Evaluate options. COMMISSIONERS' ACTIONS/COMMENTS: Directed staff to pursue the Regional Utilities Option by a vote of 5-0. 198 Qi J!! 0 0 0 ..0 <II 1ii :J 0- W c; .c: i::'.B u .S 1:05 .-- -g<n :JQ. o E <::> CD:J "" co.. ....!.. "0 - III ro CD~ 2'15l Q) III W .., EO::: iI_ .- "0 r.n x w 20 Q.O ..- Q.Q. 0 <e 0.. 0 J: CJ r.n C ... Q) .c 1:: 0 z . . . C . 0 ... .- Q. lj ::E .. 0 01-1" ::E I!!u< ~!2: N . f/J i=Wu (D <Il15~ . . Q) w <: .... .- ... . .., .- - ...J Z .- ~02 ::E .., ~~i ::E ::> on ;;!g~ I': - I- Z - CU o 0 .... C I- U 5l . 0 .,- :;: ::E . tr) ~t; ::E .... . Q) [38 ll> 0:: ~ ..; . .... .. g .. '" c .. '; c ~ W '" {! .. 0:: ! ~ ~ i: u ~ i:' . '" ... . '" J I ii ~ l u.. "ili w ~ 3'i .~ i f2 ., ! iii I i!! :;: -<1z ~ I" 0 8 :::l '" ~ .t:J.. iD I" :; o. J '" 51 N 0 <0, N 199 This page intentionally left blank 200 Q) .B! 0 0 0 ..0 tI} m ::l cr (l) .l: 0 .!: ~ "" :! ..:. S .- C/) - 0 0 .c u UJ c .... Q) .c ~ 0 z . . c 0 .- ..... c.. 0 z ::I!! rn Qt-~ :Ii Q) "'~.. ... ~ ~ .,., .- ~13~ ... ..... c .- ... - .. .,- ..... .. is ::J ~~5 ::I!! ::I!! "C III .. '" Q) ;;t..~ r-.: ....0 :;; N e 0 .- - ~ C'a ::I!! U :Iii-" ::I!! 0 ~o '" Wv "l -I g ... ... .. !i .!it ., S ~ of'I:I ~ to '" "- Ii J! i=: E ~ ~ <> ~ il: :> "- f! } I ~ ~ ~ (it ~ 1> ~ i'j ~ .!! I"- .. .1/ 1'i ~ e "' '" '" ~ :i: <1Z~ j: Ci '" ::J '" 8 8 5 ::! ~ .C'1 l':l 8 1ifl N <i 201 This page intentionally left blank. 202 6/26/2007 Regional Utilities Option: Northern School Site 12:06 PM REGIONAl.. UrIUTlt:S0PT10N.:NORrHE~NSCHO()1.. SitE Regional Utilities e.... t'. d O' t' P rtl . t' I Des' CAt D . . 5 Imate 15 flct.a clpa Ion n. .Ign osts moun eSlgn Boney/McKim and Creed contract with School Board $368,500 School Board Contribution -$368,500 NHCWatG"&Sewe,OiStrlctlE8Uma.tedParticiDatlon. -S-o Regional Utilities e t. ted 01 t' t P .' I t' . C. t' C A C st . t'S Ima S rlc artlc palon In onstruc Ion OSts mount onruc Ion Water $1 ,358,425 Sanitary Sewer $4,062.,100 Construction Contingency 10% $542,053 School Board Contribution -$1,381,500 NHC:Wate~&'$~I'{Oil!ltrl.ctlE$tlmabjdPatticIDatlon. $4;S$1,Q78 Regional Utilities Construction Estimated District Participation in Design Costs Amount Management Construction Management Services (bid through final} $337.810 School Board Contribution $0 t<lHCWaterj&$e~r,OlitriCtE$tll'mlte(fParticl-~'1""- $337,$10 , ;n:r;;".""...H,..<C'H,..<"<> .. {{ ,jHI."".''''''' ... ....,N...CM\'~~r .<.. "'...........o~ .,. <<, .. 203 This page intentionally left blank. 204 6126/2007 localized Utilities Option: Northern School Site 12:07 PM Localized Utilities Option School Board Localized Utilities School Board Estimated Costs Amount Cost Estimate Water and Sewer design and construct (School Board Budget) $1,750,000 Localized Utilities Option District Estimated District Participation in Design Costs Amount Participation Upsize 250,000 gallon water tower to 500,000 gallon water tower $150,000 Upsize 2,200 linear feet of a-inch Water Une to 16-inch Water $88,000 Line (difference in cost is $40 per linear foot) $238,000 205 This page intentionally left blank. 206 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 07/09/07 Additional Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Caster Contact: Wanda Copley Item Does Not Require Review SUBJECT: Consideration of a Resolution Opposing House Bill 1587 BRIEF SUMMARY: Chairman Caster requested a resolution to oppose House Bill 1587, "The Local Government Fair Competition Act." RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider resolution. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ ... . ,~.1-1.doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Adopted 4-1, Commissioner Greer voting in opposition. 207 NEW HANOVER COUNlY LEGAL DEPARTMENT MEMORANDUM ". "' "' . - "' TO: Board of Commissioners ~~ FROM: Wanda M. Copley, County Attorney RE: Local Government Fair Competition Act DATE: 7/9/07 At the directive of Chairman Caster, I have prepared a resolution opposing House Bill 1587 for the Board's consideration. The bill, according to the NCACC, attempts to prevent cities from providing both wired and wireless communications services such as Cable TV, Telephone, and Broadband Internet services. The bill would place numerous restrictions on city system operations. Several major Internet technology companies, including Google and Intel oppose the bill. These companies say the bill would prevent cities from working with private sector firms to create local Internet networks. The bill does not affect Counties because Counties do not have the authority to operate a Cable TV System, but it is a concern to the Counties due to the intrusion of authorized local g,ovemment services. Therefore, the NCACC opposes the billl in support of the League of Municipalities. cc: County Manager Clerk to the Board 208 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION OPPOSITION TO HOUSE BILL 1587 "THE LOCAL GOVERNMENT FAIR COMPETITION ACT" WHEREAS, House Bill 1587, '<The Local Government Fair Competition Act," has been entered into the 2007 session of the North Carolina General Assembly, and has passed from the House Public Utilities Committee to the House Finance Committee for consideration; and WHEREAS, House Bill 1587 would greatly hinder local governments in providing needed communications services, in particular advanced high-speed broadband services; and WHEREAS, because broadband Internet is a new public utility necessary for local governments to compete in the global economy of the 21 SI century, and the development of true high-speed broadband systems is of vital importance to future economic development, educational outreach, and community growth in North Carolina. NOW, THEREFORE, BE IT RESOLVED THAT THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS opposes the passage of House Bill 1587. This the _ day of July, 2007. William A. Caster, Chairman Sheila L. Schult Clerk to the Board 209