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Agenda 2011 06-06NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC JONATHAN BARFIELD, JR., CHAIRMAN • JASON R. THOMPSON, VICE - CHAIRMAN TED DAVIS, JR., COMMISSIONER • BRIAN M. BERGER, COMMISSIONER • RICHARD G. CATLIN, COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD ff&AA__V"G JUNE 6, 2011 6:00 P.M. MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.) INVOCATION (Floyd Morris, Senior Pastor, The Pentecostals of Wilmington) PLEDGE OF ALLEGIANCE (Vice - Chairman Jason R. Thompson) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of State Road Resolution 3. Adoption of a Resolution for Return of Assets and Equipment Purchased with PHRST Funds 4. Adoption of a Resolution to Award a Contract to Interim HealthCare of the Eastern Carolinas, Inc. to Provide In -Home Aide Services for the County's Senior Resource Center 5. Approval of 2009 Port Security Grant Program (PSGP) Award to Sheriffs Office for the Purchase of a 2012 4 X 4 Crew Cab Truck 6. Ratification of Sheriff's Office Application for the Coverdell Forensic Science Improvement Grant through the U.S. Department of Justice 7. Approval of April 2011 Collection Reports 8. Approval of New Hanover County Board of Education Budget Amendment #7 ESTIMATED REGULAR AGENDA ITEM F BUSINESS TIMES GU S O USI N SS 6:10 p.m. 9. Recognition of Elizabeth Redenbaugh, a Recipient of the 2011 John F. Kennedy Profile in Courage AwardTM 6:15 p.m. 10. Public Hearing on the FY2011 -2012 Recommended Budget 7:00 p.m. 11. Public Comment on the Proposed New Hanover Regional Medical Center Management Agreement with Carolinas HealthCare System 7:30 p.m. 12. Public Hearing Special Use Permit (5 -603, 05111) - Request by Gene Hooton on Behalf of Plantation Village, Inc. for a Special Use Permit to Obtain the Continuing Care Retirement Community (CCRC) Designation in an R -20 Zoning District on Approximately 55.51 Acres at 1200 Porters Neck Road 8:15 p.m. 13. Public Hearing Special Use Permit (5 -604, 05111) - Request by Thomas H. Johnson, Jr. on Behalf of American Towers, Inc. and AT &T Mobility for a Special Use Permit to Install a 90' Telecommunications Tower in an R -15 Zoning District, Identified as Parcel ID R02700 -001- 0053 -000, Located at the End of Mabee Way Board of Commissioners Meeting 06/06/2011 9:00 P.M. 14. Public Hearing Conditional Rezoning Request (Z -838M, 05111) - Request by Holman & Lackey on Behalf of Masons Landing Yacht Club, LLC to Modify an Approved Conditional Use Plan for Masons Landing Yacht Club and Remove 4.19 Acres or 81ots from a 14.565 -Acre Tract Approved for an R -20 Performance Residential Development at 7312 Mason Landing Road 9:45 p.m. 15. Public Hearing Road Closing (SC -89, 03/11) — Request by William Ladney to Close an Unnamed Road Near the 8500 Block of Bald Eagle Lane 9:55 p.m. 16. Consideration of Beach Nourishment Contingency Plan Approval NON - AGENDA ITEMS (limit three minutes ADDITIONAL AGENDA ITEMS OF BUSINESS 10:20 p.m. 17. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 10:30 p.m. 18. 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. Board of Commissioners Meeting 06/06/2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 6, 2011 CONSENT ITEM: 1 DEPARTMENT: Governing Body PRESENTER(S): Chairman Barfield CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review Meeting held on May 12, 2011 Special Meeting held on May 12, 2011 Special Meeting held on May 13, 2011 Regular Meeting held on May 16, 2011 Work Session Meeting held on May 16, 2011 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 06/06/2011 1 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 6, 2011 CONSENT ITEM: 2 DEPARTMENT: Governing Body PRESENTER(S): Sheila L. Schult, Clerk to the Board CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Adoption of State Road Resolution BRIEF SUMMARY: NCDOT is considering the addition of the following road and requesting the Board to adopt a resolution in support of adding the road to the state system: Addenbury Court (Division File No. 1169 -N) in New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR -2 resolution. ATTACHMENTS: NCDOT Request Letter and SR -2 Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 06/06/2011 2 -0 STATE OiF NORTH CAROLINA DEPARIMENT OF TRANSPORTATM BEvERLY EAvEs PERDUE GOVERNOR Ms., Shelia Schult, Clerk to the Board New Hanover, Count Board of Commissioners 2�30 Government Center Drive, Suite 175 Wilmin NC 28403 EUGENE A. COM JR. SECRETARY M Aly '7 20111 .1d" G" 1A P , V 0 Subject- Proposed Addition to the State S of Hi Addenbur Court FW0N*j e 116i9-N) Z UT 1, 1 If I ma ble of further assistance, pilease advise. Sincerel Anthon W. L aw District En 11111111�111piiq I r� q 300 Division Drivel, Wilmin N.C. 28401 Tel: (910) 251-2655 Fax- (910) 251-2759 Board of Commissioners Meetin 06/06/2011 2-1-1 NORTH CAROLINA STATE DEPARTMENT OF TRANSPOiRTATIOi REQUEST FOR ADDITION TO! STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina Count of New Hanover Road(s) Description.- Addenbur Court ( Division File No. 1169-N located within in New Hanover Count WHEREAS, a petition has beenfiled with try Board of Coun Coninnssioners of'the Coun . "N t Hanover re that the above described road the location o f which has been indicated on a map, be added to the Secondat Road,�ystem'. and If"HEREAS, theBoard of"Cotin Connnissioners is o f the opinion that the above described road(s), Should be added to the Secondat Road System, �*I'the road meets minitnut'n standards and criteri(i established v the Division q f Hl o .'the Department Trans porta ton fir the additio roods to the , �y,stem. NOW, THERET"ORE, be it resolved b the Board o f Commissioners of the Coun�y, o f NeiA; Hanover that the Division o fffi g hr �s is hereky re to review the above described road and to take over the road 16r maintenance �f they meet established standards and criteria. I CERTIFICATE The fore resolution was dul adopted b the Board of Commissioners of the Count of New Hanover at a meetin on the 6th _ da of June _, 201 L WITNESS m hand and official sea] this the da of ,2011. Sheila L. Schult, Clerk to the Board New Hanover Count Board of Commissioners Form SR-2 Please Note- Forward directl to the District En Divisi n of Highwa resolute.doc Board of Commissioners Meetin 06/06/2011 2 - 1 -2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 6, 2011 CONSENT ITEM: 3 DEPARTMENT: Finance PRESENTER(S): Avril Pinder, Finance Director CONTACT(S): Avril Pinder, Finance Director SUBJECT: Adoption of a Resolution for Return of Assets and Equipment Purchased with PHRST Funds BRIEF SUMMARY: Since 2001, the Health Department has received funding from North Carolina Department of Health and Human Services through the PHRST (Public Health Response Surveillance Team) grant program. These funds were used to fund three positions and purchase assets and equipment. FY 2011 is the last year for this grant. PHRST is transitioning from county to regional, therefore the grant funding to the County is expiring and the associated positions will be eliminated. PHRST funding requires that any property purchased will be returned to the funding agency upon expiration of the grant. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution authorizing the return of assets and equipment to Division of Public Health. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 06/06/2011 3 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION TO RETURN PHRST ASSETS AND EQUIPMENT TO THE DIVISION OF PUBLIC HEALTH WHEREAS, New Hanover County purchased certain personal property itemized and on file in the Finance Department, hereinafter referred to as "surplus property," with funds received through a Public Health Response Surveillance Team grant, hereinafter referred to as "PHRST "; and WHEREAS, PHRST funding requires that any property purchased will be returned to the funding agency upon expiration of the grant; and WHEREAS, the North Carolina Department of Health and Human Services, Division of Public Health has notified New Hanover County that the PHRST Team shall transition from a County Team to a State Regional Team, therefore grant funding shall expire. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of New Hanover County as follows: 1. The personal property is hereby declared to be surplus property. 2. That the Finance Director's designated representative is authorized to return surplus property to the funding agency, and that said representative be further authorized and directed to execute necessary documents, transfer title, add /delete items from the surplus list, and perform all necessary functions associated with this disposal. ADOPTED this 6 th day of June, 2011. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 06/06/2011 3 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 6, 2011 CONSENT ITEM: 4 DEPARTMENT: Aging PRESENTER(S): Jim McDaniel, Director, Parks, Gardens & Senior Resources CONTACT(S): Ben Brow, Senior Resource Center Manager and Lena Butler, Purchasing Supervisor SUBJECT: Adoption of a Resolution to Award a Contract to Interim HealthCare of the Eastern Carolinas, Inc. to Provide In -Home Aide Services for the County's Senior Resource Center BRIEF SUMMARY: The County solicited proposals from qualified bidders to provide In -Home Aide Services for clients served by the County's Senior Resource Center. Sealed proposals were accepted until 2:00 PM, May 12, 2011 and the County received two (2) proposals in response to this solicitation. Proposal details are attached. Term of Contract The initial term of the contract is from July 1, 2011 through June 30, 2012. This contract is contingent upon receipt of federal funding; any reduction or withdrawal of funding shall constitute grounds for Agency to forthwith terminate all or a portion of this contract. Renewal The parties may by written agreement renew this agreement for two (2) additional one (1) year periods upon the same terms and conditions as set forth herein except that to adjust for inflationary factors, price per unit of service charged will be negotiated to determine a guaranteed fixed price per unit of service. Any rate adjustments established will be effective July 1st of each renewal year and the increase shall not exceed the Consumer Price Index (CPI) inflation percentage as furnished by the NC Division of Aging. Funds are budgeted in FYI 1- 12. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution to award a contract to Interim HealthCare of the Eastern Carolinas, Inc. to Provide In -Home Aide Services for the County's Senior Resource Center. ATTACHMENTS: RFP 11 -0319 Proposal Details RESOLUTION COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners Meeting 06/06/2011 4 -0 Tabled until June 20 by a vote of 5 -0. Board of Commissioners Meeting 06/06/2011 4 -0 BIDDER'S NAME Care Interim Alternatives Healthcare LEVEL I - NUMBER OF CLIENTS 44 14 LEVEL I - NUMBER OF UNITS OF SERVICE 5,369 1,634 LEVEL I - SERVICE UNIT COST $16.1507 $16.9999 LEVEL I - EXTENDED PRICE $86 $27 ESTIMATED UNITS PER WEEK PER LIE H R BA ED 2 WEEKS 2.3466 2.2445 C T N/ OU S/ S ON S LEVEL II - NUMBER OF CLIENTS 51 11 LEVEL II - NUMBER OF UNITS OF SERVICE 6,581 2,997 LEVEL II - SERVICE UNIT COST $16.1969 $17.0541 LEVEL II - EXTENDED PRICE $106 $51 ESTIMATED UNITS PER WEEK PER 2,4815 5.2395 CLIENT /HOURS /BASED ON 52 WEEKS LEVEL III - NUMBER OF CLIENTS 32 15 LEVEL III - NUMBER OF UNITS OF SERVICE 4,514 10,923 LEVEL III - SERVICE UNIT COST $16.2521 $17.1911 LEVEL III - EXTENDED PRICE $73 $187 ESTIMATED UNITS PER WEEK PER 2.7127 14.0038 CLIENT /HOURS /BASED ON 52 WEEKS TOTAL EXTENDED PRICE FOR ALL LEVELS $26607 $26607 • The In -Home Aide program is funded by the Home and Community Care Block Grant (HCCBG). The federal and state funds available for the contract through June 30, 2012 are estimated to be $240,000 and the 10% match required to be provided by the bidders is $26,667. Bidders were instructed to use the total amount of $266,667 to complete their bid proposals. • Proposals were evaluated by a committee familiar with Division of Aging and Adult Services standards. The committee unanimously recommends that the award go to Interim Healthcare of the Eastern Carolinas, Inc. because: • Level II and Level III clients require additional support to maintain functioning. Although Care Alternatives proposes to provide services for 127 clients compared to 44 clients for Interim Healthcare, those clients requiring additional support will receive Board of Commissioners Meeting 06/06/2011 4 -1 -1 approximately the same number of hours as those requiring less support. This is not sufficient to support their needs. Currently, the biggest demand is for Level III services. Interim Healthcare has over 27 years of experience providing In -Home Aide services compared to less than one (1) year for Care Alternatives. • Interim Healthcare noted registered nurses as eight (8) and support staff as four (4) compared to two (2) part-time registered nurses and one (1) support staff for Care Alternatives. Interim Healthcare currently has the contract and has the available staff to provide the requested services as needed. Board of Commissioners Meeting 06/06/2011 4 -1 -2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD OF CONTRACT FOR IN -HOME AIDE SERVICES WHEREAS, after due advertisement, proposals were received by the Purchasing Supervisor at 2:00 PM on May 12, 2011, for In -Home Aide Services for the County's Senior Resource Center, RFP # 11 -0319; and WHEREAS, only two (2) bidders, PD of Wilmington, Inc., DBA Care Alternatives and Interim Healthcare of the Eastern Carolinas, Inc., responded to the Request for Proposals (RFP); and WHEREAS, a committee familiar with Division of Aging and Adult Services standards evaluated the proposals and the committee unanimously recommends that the award to provide In -Home Services go to Interim Healthcare of the Eastern Carolinas, Inc.; and WHEREAS, the recommendation of the committee is based on the fact that Interim Healthcare of the Eastern Carolinas, Inc., is more experienced, better staffed, and demonstrates that they will better meet the needs of the clients they are contracted to serve. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the contract for In -Home Aide Services for the County's Senior Resource Center, RFP # 11 -0319 be awarded to Interim Healthcare of the Eastern Carolinas, Inc., and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. ADOPTED this the 6 th day of June, 2011. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 06/06/2011 4 -2 -1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 6, 2011 CONSENT ITEM: 5 DEPARTMENT: Sheriff PRESENTER(S): Sheriff Ed McMahon CONTACT(S): Sheriff Ed McMahon SUBJECT: Approval of 2009 Port Security Grant Program (PSGP) Award to Sheriff's Office for the Purchase of a 2012 4 X 4 Crew Cab Truck BRIEF SUMMARY: The Sheriffs Office has been awarded a 2009 Port Security Grant for the purchase of a 2012 4 X 4 Crew Cab truck. This vehicle will maintain and transport dive team equipment, stokes basket, and any necessary equipment needed for search and rescue and /or recovery. In the event of a threat to the Cape Fear River and the Port area of Wilmington, with this vehicle, all dive team equipment will be on site simultaneously with the boat. It is the vision of the Sheriff to eliminate the trailer currently being used to store /transport the dive team equipment. By eliminating the trailer, it should no longer require two response vehicles: one for the boat and one for the equipment, and improve response time to critical incidents occurring in area waters. The improved response time would be in keeping with maritime and domestic preparedness readiness. Total project is $41,779; federal amount is $31,334. The grant requires a 25% match of $10,445. The Sheriff will use funds available in the department's Administrative Reserve account for the County's portion of the local match requirement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept the 2009 Port Security Grant for the purchase of a 2012 4 X 4 Crew Cab truck in the amount of $31,334; County match of $10,445; total project of $41,779; authorize the County Manager to sign the grant award document; and adopt the ordinance for budget amendment 11 -256. ATTACHMENTS: B/A 11 -256 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 06/06/2011 5 -0 AGENDA: June 6, 2011 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2011 BUDGET BY BUDGET AMENDMENT 11 -256 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 11 -256 be made to the annual budget ordinance for the fiscal year ending June 30, 2011. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriffs Office/Uniform Patrol Expenditure: Decrease Increase Sheriff s Office /Uniform Patrol: Capital Outlay — Motor Vehicle $41 Sheriffs Office /Administration: Administrative Reserve $10 $31 Total $10 $41 Revenue: Decrease Increase Sheriffs Office /Uniform Patrol: Grant — Federal —Port Security Grant Program PSGP $31 Total $31 Section 2: Explanation To budget a 2009 Port Security Grant award of $31,334 for the purchase of a 2012, 4x4 Crew Cab truck to provide assistance in protecting the Port. The vehicle will be used to pull the boats purchased with the 2010 Port Security Grant. The total project cost is $41,779 and the grant award is $31,334. The Sheriff will use funds in the Sheriffs Office Administrative Reserve account for the County's 25% match of $10,445. 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 11 -256, amending the annual budget ordinance for the fiscal year ending June 30, 2011, is adopted. Adopted, this day of , 2011. (SEAL) ATTEST: Jonathan Barfield, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 06/06/2011 5 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 6, 2011 CONSENT ITEM: 6 DEPARTMENT: Sheriff PRESENTER(S): Lt. Tim Karp, Sheriffs Office CONTACT(S): Lt. Tim Karp, Sheriffs Office SUBJECT: Ratification of Sheriff's Office Application for the Coverdell Forensic Science Improvement Grant through the U.S. Department of ,Justice BRIEF SUMMARY: The Sheriffs Office requests ratification of an application for the Coverdell Forensic Science Improvement Grant through the U.S. Department of Justice. The amount of the grant application is $50,005. The funds would be used to purchase forensics software, which is the same type that the SBI uses. Having this software will aid in obtaining accreditation for the CSI Unit. The grant will also cover training for one year. There is NO County match requirement. Currently, there is a Senate Bill proposed, that, if passed, would require accreditation of the CSI Unit. The application deadline was May 20, therefore ratification is requested. RECOMMENDED MOTION AND REQUESTED ACTIONS: Ratify grant application with no County match requirement. If awarded, the Sheriff's Office would prepare the necessary budget amendment for this grant. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 06/06/2011 6 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 6, 2011 CONSENT ITEM: 7 DEPARTMENT: Tax PRESENTER(S): Michelle Harrell, Collector of Revenue CONTACT(S): Michelle Harrell, Collector of Revenue SUBJECT: Approval of April 2011 Collection Reports BRIEF SUMMARY: Tax collection reports for April 2011 are submitted for approval. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve as submitted. ATTACHMENTS: Tax Collection Reports COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. 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NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 6, 2011 CONSENT ITEM: 8 DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin, Budget Director SUBJECT: Approval of New Hanover County Board of Education Budget Amendment #7 BRIEF SUMMARY: Please find attached Board of Education Budget Amendment #7, which transfers School Funds between capital projects. There is no net change in funding. RECOMMENDED MOTION AND REQUESTED ACTIONS: Review and approve Capital Outlay Fund Budget Amendment #7. ATTACHMENTS: Board of Education Budget Amendment #7 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 06/06/2011 8 -0 I Now Hanover Count Board of Education CaPital Outla Fund - IV .wQdget Amendmont 07 Be it resolved b the Now Hanover Count Board of Educatlon that the fbIlowing amendments be made to the Bud Resolution for the fiscal y ear endin June 30, 2011, on the 3rd da of Ma 201 Increase/(Decrease Expendiftm b Purpose: Capital Oulay $ Total Appropri'aflon in Current Bud $ 201920j550.05' Amount of Increase/Decrease of above Amendment w F- E�0 'All MA-10Ad Secr6taryi Bokd of Education Board of Commissioners Meetin 06/06/2011 8-1-1 Program Project # Project Description Total Transfer Project S avings to Bored ContIngency and Parsley stormwater Project 2007 Bond - Program 520 8600 13ond Contingency ,.. 5,558.00 5580 Maintenance Equip - 5, 325 6540 Custodial E uI meat 0.95 5110 Instructional M urniture & Equipment 1 L 231.15) 9, 041 Parslff Storm . water Project 20,000,00 9010 Purchase of New Sites (20,000 Transfer funds betwe H AC Upgrade Projects lottery - Program 076 9095 HVAC Project - College Park 15, 000.00) 9095 H AC Project - Vir g o _ -- - (15, 000. 9095 1A Project w H and _�._.. 30,000.00 Reallocate Qualified school Cerrtrucdons Bond Project budgefs based on projeef costs air bid openings: QSCB - Program 334 9101 Bradley Creek Roof 315,000.00) 9108 Via loo# (1200000. 91 04 Vi rgo m lienovabon - ... .. 140,000.00 9195 Williston m Renovation ,..�. ,.. 91D6 1 Oland rise Gy Renovation � � 25,000.00 9107 dghtsl ro Renovati 155 9108 Trash Renovation 50, 000.00 Transfer Project savings to Capital Outlay Contingency Program 501 - Contingence 8500 Bond Contingen 19,201.49 P rogram 810 - 200911 9058 Alderman Traffic Pattern 6 Program 811 - 2010/11 5401 Technology (12 C VA*9 Pfty& MdnPf§ VAing 06/06/2011 8 -1 -2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 6, 2011 REGULAR ITEM: 9 DEPARTMENT: County Manager PRESENTER(S): Chairman Barfield CONTACT(S): Bruce T. Shell, County Manager SUBJECT: Recognition of Elizabeth Redenbaugh, a Recipient of the 2011 ,John F. Kennedy Profile in Courage Award TM BRIEF SUMMARY: Caroline Kennedy presented Elizabeth Redenbaugh the John F. Kennedy Profile in Courage AwardTM in Boston on May 23, 2011. Chairman Barfield wishes to recognize Ms. Redenbaugh, a member of the New Hanover County Board of Education, and congratulate her for this prestigious award. Please see the attached press release from the John F. Kennedy Presidential Library and Museum for more details on the awards presented on May 23. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recognize Elizabeth Redenbaugh. ATTACHMENTS: News Release COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recognize Elizabeth Redenbaugh. COMMISSIONERS' ACTIONS: Recognized Elizabeth Redenbaugh. Board of Commissioners Meeting 06/06/2011 9 -0 H �Y F NED O''RYAND MUSEUM P R, E S I D E'N T I A L L !''Bfflnk"l k- North Carolina School Board Member and E Activist Honored for Political Coura For Immediate Release- March 22, 2011 Further information- Rachel Da (617) 514-1662, rachel.da The presti award for political coura announced toda b the John F. Kenned Librar Foundation, will be presented b Caroline Kenned at a ceremon at the John F. Kenned Presidential Librar and Museum in Boston on Monda Ma 23. Elizabeth Redenbau School Board Member, New Hanover Count North Carolina Elizabeth Redenbau first elected to the New Hanover Count school board in 2008, stood i Board of Commissioners Meetin 06/06/2011 9-1-1 The J"ohn F. ,K,,�enned Foundation is a 501 -cF�� r r provide financial support, staffin and creative resources for the John F. Kenned Presidential Librar and Museum, a presidential librar administered b the National Archives and Records Administration. JOHN F. KENNEDY PRESIDENTIAL LIBRARY AND MUSEU1 COlUrnbia Point, Boston MA 02125 (617) 514-1600 Board of Commissioners Meetin 06/06/2011 9-1-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 6, 2011 REGULAR ITEM: 10 DEPARTMENT: Budget PRESENTER(S): Bruce T. Shell, County Manager CONTACT(S): Cam Griffin, Budget Director SUBJECT: Public Hearing on the FY2011 -2012 Recommended Budget BRIEF SUMMARY: The Board of County Commissioners will review the FY2011 -2012 recommended funding with specific organizations and hold a public hearing at approximately 6:15 p.m. to receive public comments on the FY2011 -2012 Recommended Budget. RECOMMENDED MOTION AND REQUESTED ACTIONS: Review the FY2011 -2012 recommended funding with specific organizations and hold a public hearing at 6:15 p.m. to receive public comments on the FY2011 -2012 Recommended Budget. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct public hearing. COMMISSIONERS' ACTIONS: Conducted public hearing. Board of Commissioners Meeting 06/06/2011 10 -0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 6, 2011 REGULAR ITEM: 11 DEPARTMENT: County Manager PRESENTER(S): Jack Barto, CEO, New Hanover Regional Medical Center CONTACT(S): Bruce T. Shell, County Manager SUBJECT: Public Comment on the Proposed New Hanover Regional Medical Center Management Agreement with Carolinas HealthCare System BRIEF SUMMARY: A community forum was held on May 12 and Mr. Barto made a presentation to the Board on May 16, 2011 on the proposed New Hanover Regional Medical Center Management Agreement with Carolinas HealthCare System. The Board of Commissioners will receive public comment to allow citizens to participate in the discussion on the proposed agreement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Receive public comment. ATTACHMENTS: New Hanover Regional Medical Center Proposed Management Agreement Information COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Receive public comment. COMMISSIONERS' ACTIONS: Received public comment. A motion not to amend the lease agreement was approved 4 -1, Chairman Barfield dissenting. Board of Commissioners Meeting 06/06/2011 11 -0 County Commissioners Agenda Item Agenda Topic: New Hanover Regional Medical Center (NHRMC) Discussion: Proposed NHRMC Management Agreement with Carolinas Healthcare System (CHS) Situation: NHRMC is considering a management agreement with CHS. This unique agreement would ensure that governance and ownership remains local, while also giving NHRMC the ability to collaborate with the nation's second largest public, not - for - profit health system on clinical and operational best practices, quality initiatives, economies of scale, acquisition of technology, business management, strategic planning and medical research and education. Why: The past few years have been some of the most challenging economic times in decades. And the healthcare industry has not been exempt from these challenges. Healthcare reform will bring many changes, including significant reductions in reimbursement. While NHRMC is financially strong, the strength of collaboration in purchasing power and economies of scale will help yield additional positive effects on cost containment and will also help offset the expected significant reductions. Sustaining success in a challenging healthcare landscape requires a proactive vision. A larger pool of resources is needed to help reduce costs while improving quality of care. This proposed agreement will ensure that governance and ownership remains local, while also meeting the proactive vision that is needed to ensure the best of medicine is available for residents of this region. Next Steps: A slight modification of the current NHRMC lease with New Hanover County is needed in order to move forward. The NHRMC Board of Trustees supports this modification and the proposed management agreement. A community forum was held on May 12, 2011 at the New Hanover County Government Center. The forum was broadcast live and replayed on NHCTV. Mr. Barto made a presentation to the Board on May 16, 2011. Board of Commissioners Meeting 06/06/2011 11 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 6, 2011 REGULAR ITEM: 12 DEPARTMENT: Planning PRESENTER(S): Nicole Dreibelbis, Current Planner; and Jane Daughtridge, Current Planning & Zoning Manager CONTACT(S): Nicole Dreibelbis, Current Planner; and Jane Daughtridge, Current Planning & Zoning Manager SUBJECT: Public Hearing Special Use Permit (5 -603, 05111) - Request by Gene Hooton on Behalf of Plantation Village, Inc. for a Special Use Permit to Obtain the Continuing Care Retirement Community (CCRC) Designation in an R -20 Zoning District on Approximately 55.51 Acres at 1200 Porters Neck Road BRIEF SUMMARY: At their May 5, 2011 meeting, the Planning Board voted 5 -0 to recommend approval of the special use permit. Two people expressed concern regarding stormwater. The site is classified as Transition in the 2006 CAMA land use plan. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: (Choose one) Use the Script /Worksheet to make findings and 1. Grant the special use; or 2. Add conditions to the special use permit; or 3. Deny the special use. ATTACHMENTS: 5 -603 Staff Summary 5 -603 Petition Summary 5 -603 Adjacent Property Owners Map 5 -603 Site Plan 5 -603 Proposed Overall Site Plan 5 -603 Application 5 -603 Applicant Narrative 5 -603 Authority of Appointment of Agents 5 -603 Traffic Impact Info COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 06/06/2011 12 -0 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 06/06/2011 12 -0 SPECIAL USE PERMIT S-603,05/11: Request to establish a Continuing Care Retirement Community (CCRC) in an R -20 Residential Zoning District Request By: Gene Hooton, on behalf of Plantation Village, Inc. Location: 1200 Porters neck Road (Parcel IDs: R03700- 002 - 002 -002; R03700- 002 -012- 000; R03700- 013 -000; R03700- 002 - 014 -000; R03700- 002 - 015 -000) History: In 2008, the county adopted new development standards for Senior Living Options. The standards define the concepts of Independent Living, Continuing Care Community, Assisted Living /Personal Care Facility and Nursing Home /Rehabilitation Center. Prior to 2008, there was no differential development classification for senior living except Hospital or Nursing and Personal Care Facility. Consequently, several older senior -only developments operate under special use permits for Nursing and Personal Care Facility even though the actual use is neither. Plantation Village is one of those situations. It was originally approved in 1983 under 5 -211 and subsequently amended several times. As they now wish to take advantage of the county's new standards, they are requesting a new permit that more accurately classifies their use and provides for future planned improvements. The existing 5- 211for this project will be extinguished and replaced by 5 -603, if approved. Planning Board Action: At its May 5, 2011 meeting, the Planning Board voted 5 -0 to recommend granting the special use permit. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The subject property is located in the New Hanover County Fire Service District. B. Public sewer is utilized; however, the water source is currently ground wells. There is anticipated connection to Cape Fear Public Utility Authority water by the end of 2011. C. The site is not within the 100 year floodplain. D. The site is not located within the Special Highway Overlay District. E. Porters Neck Road is designated as an urban principle arterial roadway in the WMPO Roadway Functional Classification plan. F. The ADT along Porters Neck Road has slightly increased from 12,463 (2009) to 12 (2010). The volume to capacity ratio is 0.82, providing a Level of Service of E. meaning the roadway is operating at design capacity and traffic is experiencing delays at intersections. G. There are small portions of Swamp Forest and Pocosin on site; however, they do not correspond with a Class IV soil. Therefore, there are no conservation /historic/ archaeological resources on site. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. Board of Commissioners Meeting 06/06/2011 12 -1 -1 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. In accordance with the definition of a continuing care retirement community, Plantation Village provides a written agreement between the resident and the provider community that offers assurance of a continuum of housing, services, and health care. A resident of Plantation Village is offered a lifetime use of the residence and lifetime access to Champions Assisted Living or the Davis Health Care Center, or in alternate facilities which Plantation Village Inc. owns or with which may contract to provide services. B. Plantation Village currently operates under an existing special use permit issued under the requirements for a nursing home. The current permit authorizes 232 units on 55.5 acres (density = 4.1 du /acre). This proposal will extinguish prior special use permits and establish a new permit under more current provisions in the zoning ordinance to accommodate the type of long term senior living options envisioned for the community. This proposal requests total density of 247 units (4.45 du /acre). C. The applicant is proposing 489 parking spaces total for the full project, 32 more spaces then required in Section 69.4 -1(2). D. Impervious surface is also regulated under Section 69.1 -4 (3). The applicant is proposing a total calculation, including existing and proposed uses, of 30.70% of the net acreage. This is 9.3% below the maximum impervious surface permitted. Linda Lewis, Department of Water Quality, verified that the subject property is operating on an existing state stormwater permit and the proposal would be required to modify the existing permit. David Ciser, Project Engineer, is confident that the existing stormwater system can be modified to meet the requirements. E. There is no commercial component to either the existing or proposed campus. F. The proposed 3 -story independent living apartment building, located on the south side of campus, has been designed with a 49.5 foot height. Therefore, the building is proposed to be located approximately 88 feet from the adjacent residential neighbor, in accordance with Section 69.4 -1(6). G. The total open space, including a community garden, calculated for the entire campus totals approximately 40.48 %, which is 5.48% more than required under Section 69.4 -1(8). H. A vegetative buffer of not less than 20 feet is required per 69.4 -1 CCRC(9). I. A Traffic Impact worksheet was provided by the applicant. In summary there was an addition of 9 peak hour trips with the proposed addition; therefore, a Traffic Impact Analysis is not required. Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all required conditions and specifications of the Zoning 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. The proposed use is a continuation and expansion of existing uses on the campus. Board of Commissioners Meeting 06/06/2011 12-1-2 B. At the Planning Board meeting, one adjacent neighbor described a storm water runoff issue from Plantation Village that already has an impact on his property. Though the problem has recently been improved by Plantation Village, the neighbor expressed concerns for adding impervious surface in that area. The applicant agreed to meet with the neighbor to try and provide reassurance on the issue. Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Joint CAMA Plan Update shows land classification as Transition. B. West of the site is a Conditional Office and Institutional district, housing Champion Assisted Living, a 50 -acre assisted living community and Cornelia Nixon Davis skilled nursing facility. Both east and south of the site is a continuation of the R -20, low - density residential district. Cautious site design for the CCRC and adherence to the regulations of the zoning ordinance will help preserve the residential character of the area. C. The proposed addition and renovations will be completed in two (2) phases. The first phase will include the construction of 2cottages and 2 duplexes (6 units total), with an anticipated completion date of December 2011. The second phase will consist of the construction of a new apartment building (27 units total), construction of a new wellness center (attached to the existing Commons), which will include an indoor pool, weight training and aerobics areas, locker rooms, and a beauty salon and barber shop, and the renovations to the commons areas, with an estimated completion date of March 2014. D. Policy 5.7 of the 2006 CAMA Land Use Plan emphasizes the need to preserve the character of the area's existing residential neighborhoods and quality of life. The continuation and expansion of existing uses on the campus preserve the character of the area while providing an enhanced quality of life for its residents. Staff Suggestion: The findings are positive with the addition of a condition that connection to public water facilities shall be made prior to issuance of a certificate of occupancy for new dwellings. Note: A Special Use Permit is a quasi - judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED: (Choose One) Use the Script/Worksheet to make findings and 1. Grant the special use; or 2. Add conditions to the special use; or 3. Deny the special use. Board of Commissioners Meeting 06/06/2011 12 -1 -3 Case S -603 (05/11) Special Use Permit request to establish a Continuing Care Retirement Community (CCRC) Petition Summary Data Parcel IDs include: R03700- 002 - 002 -002; R03700- 002 - 011 -000; R03700- 002 - 012 -000; R03700- 0013 -000; R03700- 002 - 014 -000; R03700- 002 - 015 -000 Owner /Petitioner: Gene Hooton, on behalf of Plantation Village, Inc. Existing Land Use: R -20; Nursing Home under Special Use Permit (S -211) Zoning History: Area 5 (July 6, 1971) Land Classification: Transition Water Type Currently utilize ground wells; however expected connection to CFPUA end of 2011 Sewer Type: Cape Fear Public Utility Authority ( CFPUA) Recreation Area John J. Blair Elementary School Access & Traffic Volume: The route of access is Porters Neck Road (urban principal arterial) to Market Street. The ADT on Porters Neck Road, South of Market Street have increased from 12,463 (2009) to 12,776 (2010). The 2007 LOS for the Market Street /Porters neck Road intersection is F. Fire District: New Hanover County Fire Service District Watershed & Water Quality Classification: Futch Creek [Sa; HQW 303 (d)] and Bald Eagle [C; Sw] Aquifer Recharge Area: A shallow water -table sand aquifer and underlying artesian aquifer containing fresh water over salty water. Conservation /Historic /Archaeological Resources: There are small portions of swamp forest and Pocosin on site; however they do not correspond with a Class IV Soil. Therefore, there are no conservation /historic /archaeological resources on site. Soils: Kenansville fine sand, 0 to 3 percent slopes; Norfolk Fine Sandy Loam, 0 to 4 percent slopes; Stallings Fine Sand; Seagate Fine Sand; Wrightsboro Fine Sandy Loam, 0 to 2 percent slopes; Onslow Loamy Fine Sand; Leon Sand; and Torhunta Loamy Fine Sand. Septic Suitability: Kenansville Fine Sand, 0 to 3 percent slopes, and Norfolk Fine Sandy Loam, 0 to 4 percent slopes, are Class I soils - Suitable /slight limitation. Stallings Fine Sand, Seagate Fine Sand, Wrightsboro Fine Sandy Loam, 0 to 2 percent slopes, and Onslow Loamy Fine Sand are Class II Soils- Moderate limitation; requires moderate modification and maintenance. 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TA I'll 'IL J Genm-al Re #1 The B oeid "Mi" 6"1 t 6 "'d'"th at the us e wif I I not materia I l e Wan er the p a6l ic' healt h o r s �fbt I f I ocated where p roposed an d developed ac�4aiing'td the plan as submitted and approvedt%-' on General Re #2 The Board must And '11hat the use meets all re condlitionsand specifications"' of the Zonin Ordifnance",, 0� !I Board of Commissioners Meetin 06/06/2011 12-6-2 Geiieral Re #3 The Board must find "that the use %vill not substantiall in the value of adjoining or abuttin propert or that the use is a g public necesst , r. I t 0 - mum" Board of Commissioners Meetin 06/06/2011 12-6-3 {\d#' hl'oh may be mgulated by State low or Local Ordinance. Any other information that will facilitate review ofthe proposed chanp (See Ardele VII), r A! oixer and/or r ert Owner Print Name 01 'AMP � 94M New Hanover Count Plannin & Inspections Department Special Use Permit Application # RE: Narrative and General Re Responses Plantation Villa Retirement Livin Communit 1200 Porters Neck Road, Wilmin NC 2 841 Application for SUP update to Continuin Care Retirement or Life Care Co t Zonin (p. 16 of NHC Zonin Ordinance; Section 69.4-1, Senior Livin Options Proposed Expansion & Repositio 0 In order to its position as the premier provider in the Wilmin area, the Owner reco the need to plan for future residents while maintainm' a hi level of service and care for existin residents. Plannin work to date has identified the followin areas for expansion and cedevelopment of the Communit EM"M Board of Commissioners Meetin 06/06/2011 12-7-1 �TA Please see the attached civil site plan and area detail plans, which show the proposed la of the new structures. General Requirement ■ The Board must find "'that the use will not materiall endan the public health or safet if 19.1 located -K-here proposed and developed accordin to the plan as submitted and approved , The proposed use is a continuation and expansion of the existin uses on the campus (retiremenjL com iunit independent livin units, and resident amenities for the exclusive use of the seniors residin in the communit The proposed additions and renovations will improve the lives of th%r existin and future residents of Plantation Villa and will not endan the health or safet of the communit or its nei 0 General Re #2 The Board mustfind "that the use meets all re conditions and specifications of the Zonin Ordinance ". Currentl Plantation Villa has a contractual a with Champions and Davis that ensures that the Plantation Villa residents will be provided a place in assisted livin or OMMM Board of Commissioners Meetin 06/06/2011 12-7-2 37 Section 69.4-1: Senior Uyig Options — Continuin Z Care Retirement or Life Cari Communit states that "development proposals in this cate shall be permitted as a special use" when 11 specific conditions are met. These conditions are listed below, with a response to each that proves that Plantation Villa satisfies each: FA 0 Uffli W, i"i My � � I IMER11"MI 1111 IUR M01111111 I II � i 2. Parkin re 1. 5 spaces per independent livin unit plus I per emplo on the lar shift at allfacties. R a Based on the stipulations above, the re spaces for the existin campus consist of the follow* . M90 214 units x 1.5 spaces = 321 spaces 76 emDlovees at laraest shift = 76 st)aces M19 Me. IMsuired for existin 397 spaces The additional parkin re for the proposed new construction would be: 33 new IEL units x 1.5 spaces 50 spaces (49.5) 10 new emlo 10 waces A0 Subtotal —re new siDaces = 60 space. Total re spaces = 457 spaces Currentl there are 452 parkin spaces on the campus. The proposed expansion would provide a net add of 37 new spaces, for a 489 total parkin spaces on ca Please see the attached civil drawin with site data tables for reference. Plattation Villa Staff Counts - Lar Sbffi i as of 4/1/2011 E)CEEn Cout @ Proposed Total Proposed Staff Empl Group Lar Shift Addkions Ly Shift Totals 76 10 86� ZMEM Board of Commissioners Meetin 06/06/2011 12-7-3 X� • M 'T z z' WOW 3. IT7aximum imperious areafor the total development ma not exceed 40% of the net acrea In areas where coastal stormwater rules appl those limits will s thisprovision. The impervious area as calculated from the existin and proposed uses of the campus total 30.70 % of the net acrea Please see the attached drawin with site data tables for reference. 4. Commercial uses in the nature ofsmall, nei shops, each not exceedin 5, 000 sf of area, ma occup up to 2 % of the net acrea Not Applicable — no commercial uses on campus. 5. Maximum hei ma not exceed 35feetfor sin structures desi seniors orfor an buildin within 50feet ofsin residential lots orparcels. The sin famil cotta and duplex structures proposed in the northwest comer of campus, adjacent to the Porters Neck subdivision, are a maximum of 20 feet in hei 6 Except as noted in item 5, above, maximum hei ma be consideredfor approval to exceed 35feet, up to 50feet, when setbacks are increased to e the proposed hei of the buildin The 3-stor independent livin apartment buildin proposed on the south side of campus has been desi with a hei of 49.5 feet to the top of the hi roof rid This buildin is approximatel 88 feet from the south propert line, which abuts the ri of wa of Porters Neck Road. Approval of the additional heigbt for the indeoendent living apartment buildine is re ted. 8. Open Space and improved recreational area shall be provided at a rate of 35% of n acrea Improved recreation space shall be appropriatefor seniors at all sta o lifest transition, such as ADA accessible walkw g ardens andparks. The total Open Space calculated for the entire campus totals approximatel 40.48 % of net acrea The existin s of sidewalks, covered walkwa and ramps has been desi to ADA accessibilit standards. The improved, landscaped areas of zMam Board of Commissioners Meetin 06/06/2011 12-7-4 E777 . . . .. ..... 4. the campus have also taken the residents' needs into consideration. The same wouY appl for all future improvements and pedestrian connections on the campus. Pleasi see the attached drawin with site data tables for reference. 9. Ve buffers ofnot less than 20feet are re allproposals. F 0. Tra impacts and re road improvements must be reviewed and approved b 1i Y the MPO and NCDOT Frontaze on an arterial or collector street is re unl �Yl located in a Planned Development as described in Section 53.5-2 (7 ( 0 ) b. Plantation Villa is not proposin an alterations or additions to the in points to the campus. Currentl the main vehicular entrance to the campus is off of Porters Neck Road. A second, secured point of in is via Janelle Moore Boulevard, which enters the propert from Champ Davis Road west of the campus and is g ated for access b residents onl 11. All other local, state orfederal permits or authon*zations. Plantation Villa will adhere to and compl with all re and appropriate permi"i g uidelies, conditions and re General Requirement #3 The Board mustfind "that the use will not substantiall in the value of adjoinin or abuttin propert or that the use is a public necessit ". The existin use of the Plantation Villa propert is as a continuin care retirement communit the proposed expansions and renovations will serve to continue the existin use. The 6 improvements will enhance the communit for the benefit of existin and future residents b offerin updated livin units and resident amenities. The scope of work will also provide update. to the utilities and internal private roads servin the propert and communit I Board of Commissioners Meetin 06/06/2011 12-7-5 . . . . . . . . . . . . . General Requirement #4 The Board mustfind "'that the location and character of the use if developed accordin to the plan as submitted and approved will be in harmon with the area in which it is to be located and in g eneral conformit with the plan ofdevelopmentfor New Hanover Count The proposed additions and renovations to the existin campus will provide a new, updated loo ' to the communit which will be more reflective of the architectural st and character of th surroundin properties and of Wilrm*n coastal architecture and histor The desi te has researched the architecture of the re so that the renovations will complement t1h vernacular of the properties and structures in the area. The existin and proposed use has been reviewed b the New Hanover Count Plannim lepartment, and the department is satisfied that the use is in g eneral conformit with the plan of development. ;MtME SIM 11711 I ITE f gj:ml M rITT.W111111,11 EQ IM Iq Board of Commissioners Meetin 06/06/2011 12-7-6 .. . . .. . . . ... _7 11"'Cl MOO Owner: Plantation Villa Inc. Plantation Villa Retirement Communit 1200 Porters Neck Road Wilmin NC 28411 Owner's development consultant: Greenbrier Development, LLC 3232 McKinne Ave, Suite 1160 Ctallas, TX 75204 t 14.979.2700 Development consultant contact: Gene Hooton Vice President 214.213.2795 Gene C. Hooton VP - Development Greenbn'er Development, LL.-*- 1'4 %-,C: Jack Barnes — Plantation Villaae, Inc. NUMUM Board of Commissioners Meetin 06/06/2011 12-7-7 Mt P I- T does hereb appoint r c- co4 Cr N\1 e as his/her/its exclusive a g ent for the purpose of petitionin New Hanover Count for an amendment to the text re ancuor zonin map applicable to the propert described M' the attached petition. This the 6" da of 20 A Name, Address & Telephone Si of Owner ( s ) 3 L3 I. cj 0a 0, !11 0 ' Board of Commissioners Meetin 06/06/2011 12-8-1 Fraffic Impact Worksheet Prior to submission q I siteplan, this worksli act Must be prepared. A Troffic Impacl Anal will be re all p w1c liourfrips 01.1 more. The scope of Me TIA slyafl bes, determineil b concurrence, q f the flawfili Dirtudor, Me KPO coordirratur and AICDOT trerflic enq,-ireer. A a initi nieasumy re be included In Ih efiltats� plew LEVEL OF SE.,RVICE ilk VZO-1-1190 WaTt "t P'eak Hour estimate confirme(l b Plamun Deparonetit oii (Date) Board of Commissioners Meetin 06/06/2011 12-9-1 ® r Plantation Villa r 1 Generat Summar of Multi-Use Avera Weekda Drivewa March 29, 2011 24 Hour AM Pk Hour PM Pk Hour Land Use Size Volume Enter Exit Enter Exit Sen 6 Dwellin Units r 2 Con Care ® r 27 Dwellin Units 55 1 1 2 2 Total Peak Hour Pass-B Trips 0 0 0 0 Total Peak Hour Vol. Added to Adjacent Streets 1 2 3 3 Notes. A zero � ® P available TRIP GENERATION BY MICROTRANS Board of Commissioners Meeting 06/06/2011 12 -9 -2 Plantation Villa Summar of Multi-Use Trip Generation Saturda and Sunda Drivewa Volumes March 29, 2011 I 24 Hr Peak Hour 24 Hr Peak Hour 2-Wa 2-Wa Land Use Size Vol. Enter Exit Vol. Enter Exit Total Peak Hour Pass-B Trips 0 0 Total Pk Hr Vol Add6d to Adjacent Streets Note: A zero indicates no data available. WIW, W11"IN Board of Commissioners Meetin 06/06/2011 12-9-3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 6, 2011 REGULAR ITEM: 13 DEPARTMENT: Planning PRESENTER(S): Nicole Dreibelbis, Current Planner CONTACT(S): Nicole Dreibelbis, Current Planner; and Jane Daughtridge, Current Planning & Zoning Manager SUBJECT: Public Hearing Special Use Permit (5 -604, 05111) - Request by Thomas H. ,Johnson, ,Jr. on Behalf of American Towers, Inc. and AT &T Mobility for a Special Use Permit to Install a 90' Telecommunications Tower in an R- 15 Zoning District, Identified as Parcel ID R02700- 001 - 0053 -000, Located at the End of Mabee Way BRIEF SUMMARY: At their May 5, 2011 meeting, the Planning Board voted 5 -0 to recommend approval of the special use with two conditions. No one from the public spoke on this item. The site is classified as Transition on the 2006 CAMA land use plan. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: (Choose One) Use the Script /Worksheet to make findings and 1. Grant the special use; or 2. Add the conditions to the special use; or 3. Deny the special use. ATTACHMENTS: 5 -604 Staff Summary 5 -604 Petition Summary 5 -604 Adjacent Property Owners Map 5 -604 Site Plan 5 -604 Application 5 -604 Appplicant Narrative 5 -604 Authority For Appointment of Agent 5 -604 Tax Information 5 -604 Enlarged Site Plan 5 -604 Landscape Plan 5 -604 Tower Elevation Map 5 -604 Supplemental Materials 5 -604 Vantage Point Photos Board of Commissioners Meeting 06/06/2011 13 -0 S-604 Air Navigation Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved with staff s proposed conditions 5 -0. Board of Commissioners Meeting 06/06/2011 13 -0 SPECIAL USE PERMIT 5 -604, 05111: Request to build a telecommunications tower in an R -15 Residential District. Request By: Thomas H. Johnson Jr., on behalf of American towers and AT &T Mobility Location: Parcel Id R02700- 001 - 003 -000, located on Mabee Way PLANNING BOARD ACTION: The New Hanover County Planning Board voted unanimously, 5 -0, to recommend approval for a Special Use Permit for this proposal on May 5, 2011. No one from the public spoke on this item. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The subject property is located in the New Hanover County Fire Service District. B. The site is not within the 100 year floodplain. C. The development area is not located within the Special Highway Overlay District. D. The ADT along Murrayville Road has slightly increased from 8,684 (2009) to 9 (2010). The 2007 Level of Service at the intersection of Mabee Way and Murrayville Road is B. E. The entire parcel is identified as Pine Plantation. Therefore, there are no conservation /historic/ archaeological resources on site. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The applicant is proposing to build a 90 foot monopole with an 8 foot security fence around the 100 foot by 100 foot compound. The proposed setbacks exceed the minimum requirements outlined in Section 69.17 (A) and include: 100 feet from the southern and eastern property lines; over 928 feet from the western property line; and 1400 feet from the northern property line. B. The applicant provided an engineer sealed site plan, A -1, which illustrates a proposed 90 foot fall zone within the tower site as required per Section 69.17 (B)(1). C. The applicant provided four vantage points including: a mature timber and vegetated parcel (to the east); mature timberland site (to the north); single family residential district (to the south); and single family housing and Murrayville Elementary School (to the west). Also, Graham B. Herring, GRI, NC Brokers Board of Commissioners Meeting 06/06/2011 13 -1 -1 License 30791 certifies that in his professional opinion wireless telecommunications tower facilities do not have inherently deleterious effect on surrounding properties. Further, he indicates that the proposed facility and construction site are generally compatible with the area's existing and proposed uses in compliance with Section 69.17 (B) (2). D. In compliance with Section 69.17 (C), the applicant provided a sealed landscape plan illustrating both existing vegetation and incorporating an additional forty two (42) Ilex Opaca with a planting height of a minimum of eight (8) feet at a base width of twenty five (25) feet. The plan also highlights an eight foot security fence at the base of the tower and each guy wire. E. Applicant provided a map and a report showing the search ring for an inventory of all structures investigated for collocation. No structures existed that could be utilized for the proposed site. The proposed 90 foot tower will provide locations for at least two additional future users. F. Jason Groseclose signed a written affidavit dated April 5, 2011 outlining his 13 years of Project Manager experience within the tower industry and certifying the construction or placement of the tower meets the provision of the Telecommunications Act of 1996, the National Environmental Policy of 1969, FCC Rules and other applicable federal, state, and local laws. The affidavit further certifies that the radio frequency emissions from any antenna array(s) on the tower and any associated facilities will comply with FCC standards, individually and cumulatively. G. Signage shall be in accordance with Section 69.17 (I). H. The Federal Aviation Administration conducted an aeronautical study under the provisions of 49 U.S.C. Section 44718 and Title 14 of the Code of Federal Regulations, part 77. The study revealed that the proposed structure does not exceed obstruction standards and would not be a hazard to air navigation. Within five (5) days of completion of construction the applicant is required to submit the FAA Form 7460 -2, Notice of Actual Construction or Alteration to the FAA. Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all required conditions and specifications of the Zoning 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. The location and character of the use according to the careful site and landscape plans will be in harmony with the area. Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. 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. Board of Commissioners Meeting 06/06/2011 13 -1 -2 A. The 2006 Joint CAMA Plan Update shows land classification as Wetland Resource Protection. B. East of the parcel is a mature timber and vegetated parcel ; another mature timberland site to the north; a single family residential district to the south; and a residential district and Murrayville Elementary School to the west. C. The parcel is identified as Wetland Resource Protection on the 2006 CAMA Land Classification map. The purpose of a Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Special Use Permit will bind the entire 281.5 acre tract; however, the development proposal will have minimal disturbance, as it will only encompass 2 acres. Staff suggests that findings are positive and supports the added conditions recommended by the Planning Board that issuance of the permit is subject to (1) mutual rescinding of the lease agreement of 225 Mabee Way between American Tower and New Hanover County School Board and (2) request by the School Board to extinguish 5 -595. Note: A Special Use Permit is a quasi - judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED: (Choose One) Use the Script/Worksheet to make findings and 1. Grant the special use; or 2. Add conditions to the special use; or 3. Deny the special use. Board of Commissioners Meeting 06/06/2011 13 -1 -3 Case S -604 (05/11) Special Use Permit request to build a 90' telecommunications tower in an R -15 Residential District Petition Summary Data Parcel ID: R02700- 001 - 003 -000 Owner /Petitioner: Thomas H. Johnson Jr. on behalf of American Towers, Inc. and AT &T Mobility Existing Land Use: Undeveloped R -15 (Medium- density residential) Zoning History: Area 813 (July 7, 1972) Land Classification: Wetland Resource Protection Water Type CFPUA water main located on Murrayville Road Sewer Type: None Recreation Area Murrayville Elementary School Access & Traffic Volume: The route of access is Mabee Way (local street) to Murrayville Road (local street). The ADT on Murrayville Road, between 1 -40 and Candlewood Drive, have increased from 8,684 (2009) to 9,060 (2010). The 2007 LOS for the intersection of Murrayville Road and Mabee Way is B. Traffic volumes are less than design capacity and there is a stable flow of traffic. Fire District: New Hanover County Fire Service District Watershed & Water Quality Classification: Greenview (C; Sw) Aquifer Recharge Area: Primary recharge area of principal aquifer (combined Castle Hayne and Peedee aquifers- confined and artesian). Conservation /Historic /Archaeological Resources: There is no significant conservation /historic /archaeological resource located on this site. Soils: Seagate fine sand and Murville fine sand Septic Suitability: Seagate fine sand is a Class II Soil- moderate limitation; requires moderate modification and maintenance. Murville fine sand is a Class III Soil- severe limitation; requires extensive modification and intensive maintenance. Schools: Murrayville Elementary School Board of Commissioners Meeting 06/06/2011 13 -2 -1 CL 4 6 s' CD LL ,n p ui +r 0 ... C �.'. ) M f , :. •: A i CL X C 1 �r 0 Fm- CL % NI s`" "*. 'b., `a 0.�, y '4 �� "• " "a� rt,> "' µ " ti i S "{0 `I , �` i -• .' h b § ',^ '• , `a, ` �N1 � • ~ t '6 `.. IN " X, N, L\ r N` "'ty, "ea �' '" "Y r`k. �yr M1 ry5 � 4 � � a �` �'• �s � § n .. � r��.. $ N `,� N 14: y "k £w wW `Rn ''4°34 Y �♦ i. �"a M1• `" k r. '`§e ..".: � N. }° n. N 'r, ,. ", "c n u�, ^�,`y "�.. ", a ,, _ o „ °a. "' w "• ":�. "..0 «, `'+ - y - -, N w .. w,�.,._ "' • ' ; *v o `"w. °t 'a , �`y E qv 1 \ +•t. "+• 'y, 'y y. S v` . a w �"x9`•'°e r „ "t,. �% N'.."' ea. "'L. gyp' ll p� d L Y N I '"'yy.",, °. ^, ro ° * " „'' " f y w w,. ° .� "'w ° °'`.. "�a „`"�;..`' ,; `” " °``°� p ``; °m 1 W I N NN M v a " . IN �� `� r� 9 �"� � �, "� '� ro ,� �: �a 4 �"�°� � � "`��"^�" �° `ti�. � '�` � ®tip ®''� ''�+ ,.,,.w•w'^^ :,, %`"w #^ +o,. Po �K X v " wro N � N w u ti`s , ° . . YLI s" i s 1 „� q ° 2 �,. ° e, . °`�""'a "'a ° • "�q, p � "` 4 % "a. `�`s •• -,.e ` y y IN I � " , 1 " F '4 , w "° '"w �� „ � "�' - N "`• we - .. �`" �. n 7 l'"°," `° , N , w . w , • j- y N,\%, Board of Commissioners Meeting 06/06/2011 13 -4 -1 P °Od /lL- t�'-!O ,C3O — / L — il! ja [ — ' a m 8 Oft: t! OlON2ld L ! ®l —10 230 Government Center DAA suite 110 Wilmi NC 28403 910-798-7165 phone 910-798-7053 fax www.nhc PY7 Name Thc)Mas�ti.—JoWaon,—JU.-aft Owner Name Address American Towers, I nc. and AT&T Mobilit.1 TF Holdin Limited Partnership Mabee Way. Wilminqton, NC Compan Owner Name 2 Parcel ID Nexsen Pruet LLc "J" D. Webster Trask, General Partner R02700-001-053-000 Add ress Address Area 4141 Parklake Ave., Suite 200 1202 Eastwood Road Lease area 10 000 s ft. Cit State, Zip Cit State, Zip Enistin Zonin and Use Rai i NC 27612 Wilmin NC 28403 R15 ( Undeveloped ) Phone Phone Proposed Use 919-786-2764 1910-7199-8755 'Telecommunications Tower Email Email Land Classcation t ralford Transition ................................................................................................................................................................................ PLEASE READ SECTIONS 70 and 71 of the Zonin Ordinance prior to submission. For hi densit residential projects, pdcasc also rcfcr to die Hi Densit application and also note the proposal must be reviewed b the Technical Review Committee prior to submission for consideration b the Plannin Board. Applications MUST be reviewed b Plannin & Zonin st�ff for completeness prior to acceptance. When Special Use Permitsl ?re re for uses more or less accessor to a residential use (i.e., in-home child da or for sin mobile homes a i7e a fee of $150.00 is re All other Special Use Permits re a fee of $400.00. This fee, pa to New Hanove; C.,ount MUST accompan this petition. F Kote: Applicants should refer to Article 6 & 7 of the Zonin Ordiance for additional re for spec&lc uses, The 0 V�lanmn & Zonin Plannin Board, and/or Board of Count Commissioners reserve the ri to re additional information if needed to assure that the use in its proposed location will be hannonious with the area and in accordance with the Zonin Ordinance of the Count of New Hanover. OW-M Board of Commissioners Meetin 06/06/2011 13-5-1 Plamuin Board meetin are held on the first Thursda of each month at 5-:30PM in the Con=i ssioner's Assembl Room at the Old Count Courthouse, at Third and Princess Streets, Wilmin North Carolina. Applications for smi dwellin includin mobile homes, on individual lots must be accepted b Plannin & Zonin twent ( 20 ) workin da before the re fir l Commissioners meetin Applications for sin -fwnil dwellin on individual lots do not re plannin board review. VOWMW General Re #1 The Board must find "that the use will not materiall endan the public health or safet if located where proposed and I.eveloped accordin to the plan as submitted and approved." General Re 42 The Board must find "that the use meets all re conditions and specifications" of the Zonin Ordinance'l OT.-Um Board of Commissioners Meetin 06/06/2011 13-5-2 General Re #3 The Board must find "fliat the use will not substantiall injure the value of a4jolni or abuttin propert or that the use is a public necessit General Re The Board must find "that the location and climacter of the use if developed accordin to the plan as submitted and approvei will be in harmon with the area in which it is to be located and in g eneral conf with the plan of development for New F-Imlover County." WMMV WIPMEM Board of Commissioners Meetin 06/06/2011 13-5-3 'SITZ PLAN CHECKLIST Ch eck each item to con th at 1*8 W" clu ded. App 11cation wiH n ot b e de em ed comp lete with ou t a ddr essin ea ch item. Tract boundaries and total area, plus location of adjoiriin land parcels and roadwa El Existin g zonin of the tract and nei parcels and proposed tract zonin Proposed use of land, strwtures and other improvements. For residential uses, this shall include number, hei and t of units an; site plan outlinin area to be occupied b each structure and/or subdivided lot boundaries. For non-residential uses, this shall include approximate s foota and hei of each structure, an outline of the area it will occup and the specific purpose for which it will be used. J sy�heiule iTel j ose&whasinq7 T It""'nne, Traffic and Parkin Plan to include a statement of impact concernin local traffic near the tract, proposed ri dedication, plans for access to and from the tract, location, width and ri for internal streets and location, arran and access All existin and proposed easements, reservations, re setbacks, ri bufferin and si The one hundred ( 100 ) y ear floodplai line, if applicable Location and sizin of trees re to be protected under Section 67 of the Zonin Ordinance. An additional conditions and re which represent g reater restrictions on development and use of the tract than the correspondin General Use District re which are the minimum re for Special Use Permit, or other limitations on J & An other information that will facilitate review of the proposed chan ( See Article VII). Pro ed arrative J N, 011 Since this site 'is heavil wooded, the existin ve will remain to meet the landscape ce of the zonin ordinance. -fhe location i's 'in the Transition Land Use Classiffication whose purpose "is to provide for future mtensive urban development on lands that have been or Will be provided With necessar urban qervices." The proposed tower will provide wireless communications services that are necessar J qupport urban development. As evidenced b the enclosed statement, the applicant looked for possible existin sites within its ,11 re service area, Within this service area, mere are no existin towers or'structures o' the necessar service. This tower will provide locations for at least two additional future users. 10 As evidenced b the enclosed affidavit, the tower will meet all provisions of the Telecommunications Act of 1996- FCC Rules Sections 1. 1311, 1.1312, 1.1307 and all other applicable federal, state and cl local 046 A4jacent Provertv ners and Uses The surroundin properties to the parent tract are as follows: Address 0 West Ba Dr Wilmin NC 28403 .......... MMIM 1589 Murra Rd - Wilmin NC 28411 6578 Five Acre Road Wilmin NC 2840 Board of Commissioners Meeting NPCHARl'.645641.1-ZON-(rJOHNSON) 038532-00009 06/06/2011 13-6-1 NC Dept of Transportation 1700 Plantation Rd R01900-002-019-000 Wilmin NC 28405 0 Sidbur Road 'Wilmin NC 28403 6611 Amsterdam Wa 'Wilmin NC 28405 All surroundin properties are zoned R- 15. The propert of Brian and Amanda Baker has a sin famil residence that is g reater than 683 feet from the proposed tower. The remainin properties are vacant and undeveloped. SI A iq As stated in General Re #1 above and shown in the submitted site plan., the site meets all re conditions and specifications of the Zonin Ordinance. Board of Commissioners Meeting NPCHAR1:645641.1-ZON-(TJOHNSON) 038532-00009 06/06/2011 13-6-2 residential districts. This site meets or exceeds the re under Section 69.17 and the It :Iry I s remainder of the Zonin Ordinance includin the additional setbacks from residential prope ines, Finall this site will provide additional space for future wireless users in an area where no towers currentl exist. Board of Commissioners Meeting NPCHAR1:645641.1 -ZON-(TJOHNSON) 038532-00009 06/06/2011 13-6-3 qm6- mdleW ownerw Holdir Limited Partn@rsh:Lp d -!-,L Affoun ( Pdw or 1 "laws K. aobnpony Jr. atty-..-.- w hiLftw/fts exclusive a for the of P gNmin a Now (Rdo or T Hmwver County for a vadmm special un peovait, con&ianal Lm district and/or an apped of staff the I Ma "I" OIL ted A ons sWicable to the LY desodbed 'in 1, To mAmiit a pmpw paifion md dw BMW aukaimb. I 2. To appeal at public 'A o O - LV wd coumi%mm on beWof &a mma. 3. To wt on tie oww"s b"f wiftut lidugow wi* repxd to m md AU ffirao* or inftwd V" 0 am r ng Out of My Pwh(m f(w go able to *a ?Ow Hamm Comt ZorfirL Ck&mce um(kr Article X1 dmwein. -Tq:17 fa 4 Tbis %e r f�� V, Tb*mo H. jobnffian Jr. 4141 Parklake Ave., Suite 400 2:11.1 77� 7 77 1 . Falei g h.. MC __ 27612 Board of Commissioners Meetin 06/06/2011 13-7-1 �MAA PARID: R02700-001-003-000 TF HOLDINGS LIMITED PTNRP Parcel It ID 324014.44.5290. Address 0 WEST BAY RD I Cit WILM I - Ne 2055 C lass Val Land Use Code 1 Re l ated ® Units Acres 280.113 Zonin ® DI STRICT Le 20-JUN-94 1.1 1 I 18873 Sa le Price Tax District Grantee FD Granto Owners Sa Book 1783 Owner 1 TF I I HOLD INGS Sa T c Sa le Fl WILMINGTON STEB sta Instrumen I nstrument Countr Adj. Price Adj. Amount Z Values 28403 Yea Total Land THE DATA IS FROM 201 Bu Total Sales Sa le Date Sale V 20-JUN-94 $0 TF HOLDINGS LIM ITED 1 1993 1 27-FEB-89 $0 TRASK RA IFORD 0 MABEL DUNN H TRASK RAJFORD F MABEL D 1 447 1217 18872 01-OCT-85 $0 TRASK RA IFORD F MABEL D TRASK RAIFORD G 1304 1142 1 1- INTERNATIONAL PAPER REALT 1303 0946 1 01-AUG-85 $222,500 INTERNATIONAL 1297 1225 1-INTERNATI Sale Details Sale Date 20-JUN-94 Sale Ke 18873 Sa le Price 5. Grantee HOLD INGS TF I Granto Sa Book 1783 Pa 1 Sa la Validi Sa T VACANT Sa le Fl STEB Instrumen I nstrument Adj. Reason Adj. Price Adj. Amount Values Yea Total Land B Bu Total Tota Appraised ;, Board of Commissioners Meetin http://etax.nhe vo i w / / I -pn 4/5/2011 I l e - Board of Commissioners Meetin http://etax.nhe vo i w / / I -pn 4/5/2011 E.M� Board of Commissioners Meetin ® . S 06/061201 http//xN-wwdefault.nhc apServlceName--overvl*ew& 4/5/2011 _ ? ■ -4 L" cX: \X N cn I A MW 2WAFC2XW?lFl,W ROZ, T INWI�fl IZ PAFM ffliffrorm I . Board of Commissioners Meetin 06/06/2011 13-9-1 Board of Commissioners Meeting 06/06/2011 13 -10 -1 u� r n 3r v, �— I 111111 ®= Board of Commissioners Meeting 06/06/2011 13 -10 -1 — r� �a X11 �— I 111111 ®= Id9 � - � °•r' / 5': , a� i, I� I en CL 2 Uj CD LU a s Lj CD — I--I ,R n, 11 1 "mom. un — t N OlVAVOX3 30 0 2 HOL108 ON7 1118 cL N33MI38 - NIN1 a „9 / en cm C L LJ cm . � LO CIA CL MCC cj — C3 say / ...a N 1 o O'�g CL . I I I X X X X-- XV % k % I 1 CL CL y6 IP in 41J x l� LU I CD uj ®`� z ° 40 Lu __j V) C5 U10- a� 0--w Oz CD C) cq I f)m P'L1 /1L—ZO—ZO S -- a oJa / / t u ®j / :)' OZ'Z*-9t OIONNV OZ' —9 L L— — 0 Board of Commissioners Meeting 06/06/2011 13 -10 -1 i i i , mom Board of Commissioners Meeting ® _.. . 06/06/2011 ._.. 1 ...... __ LLJ a— els cn Wit®; �� LO 1.a CD u cc a po S2 ` J II 10 FIYL �r II LL 1] U- I i W m &2 M m �j W � C 195 CD M 831N GV8 VNN31W 1 i r .. - (1NOOH 83M01 3lOdONOW) „0 —,06 CD (38nionus .i0 1HO13H lViO ,0 —,b6 'Z t L — Z0 - ZO ®0 60 ® yjr .a 0 OZ !M _ VZ:90a9 a l L- 1 20—ZO Board of Commissioners Meeting ® _.. . 06/06/2011 ._.. 1 ...... __ Chris O'Keefe PI pin Directoi New H nover Count Plannm DepartmeW 230 Government Center Dnive, Suite 150 Wilmin NC 28403 Re.- AT&T Tower Site No. 478-093 Murra 225 Mabee Wa Wilmin NC . . . . . . . . . . at&t Board of Commissioners Meetin 06/06/2011 13-12-1 X-MUME piq IL CM11 Site Rea WraMentsm L Approximate Latitude,.o 340 171 53,911 N Approximate Lon its deed 770 50'40,6" W Approximate Ground Elevation@ 40 feet AMSL Approximate Antenna Conterline-. 90 feet AGIL Approximate Total Heil 130 feet AMSL 0 Search Area Radius. 0,5 miles The attached map represents the search area for the new In-Fill cell site, 47SPOO93/Murraysville. The site objective Is: To improve covera In residential areas alon Murra Rd north of Wilmin I I I i I —Dave Vab/2008-- RF Plannin En 111111111111 ONE r;'TWkM1T1 Board of Commissioners Meeting 2/1)A/inno 06/06/2011 13-12-2 Seamh Area Map for 47SPOO93/Murra R Ln J L N- �a 0 ^lk I In o%v-4710 A D U'094' v%+ w% n*% Board of Commissioners Meeting RII)Ai,)nno 06/06/2011 13-12-3 04 J�a G 6—D Ln J L N- �a 0 ^lk I In o%v-4710 A D U'094' v%+ w% n*% Board of Commissioners Meeting RII)Ai,)nno 06/06/2011 13-12-3 SOU'll ("AR01,"IN-A 'The undersi Jason Oroseclose, AvIr be.."In first dul sworn, does hQrch dopose and stale as fu I I Ovv S -. M address is 424 Lon Point Road, Mount Picasant, SIC 29464. I &WS, I am over ei y ears of a and am le competerr! 3. 1 wn a Project. Mana with.Americallower and.havc been a pro man-a tu%Niiii industr for y ears. 4. Americ,-An uwcrs, Inc. and AT&T.N.Tiobifit are, submittin an. App-11cation for a Special I irse Permit (-Application") to locate a 90 -foot monopolv tellecomm uni cati oils tower ( "fower" ) off of Mabee Wa in Wilmin NC. This affidavit 'is in Support of the Application. 5 Photo isimulation.s: of the 'fower frum four (4) vanta pohits are bein provided N04 the Application. All decuratel the overall hei Wnfil ph location- mass and scale and materials and color of the praposod ToNA-crill. rhe "I'le, will not be fi 6. The construchan or placement of the Tower meets the provins of the -r-ental Po-fic�� Act of 1969 l ; Teeco"J"umunications Act of 1996; the Nation.-ed Envirum I FCC Rules Sections 1. 1311, 1.1312, L'I 307; mid all other appfica"ble foderal, state aa 4cal laws., T The rad*lo fre emissions from an antenna arra un the To%kcr and anj I It L.I M 11 1 111111 111 1111 111 J ill I I ;IJI I I I II ! , I I I I I U I ,JI " Board of Commissioners Meetin 06/06/2011 13-12-4 SS��,$� � � • ry ,)) sty S � (6j� t ': l y � � _ 1 __ f 9 0 N r 1l ,, J .aW lqw 4 ■■ i4 7 * i A a t w x c � !. ti ¶ s u a 0 i II `lt1 lx sl Y 'tt( 9 t_ it 9 " , " 9 W ='lt 1; }� t il, 1' �, t1 ,fit 1 l� 1 1 e r. A ll 1 k? Ni {Y �t211 `G ''� I, } 91 P. •, I '' t� r 44 ti ! }! Z ut,, , (c, 1, ,�,,, s. , r t 17�(kl)Yi<� } ) PY 4 t rt i)t( I(�h � }�, , :. .: } t: {� {f� � i �'4 k 1))� } �� } ( t rl��>�` {i,� I jlt�fi }SSr��1 ➢1{� e t s a ( } 7" Irr c}';= �rS �} 1t»� rt�Ilil�lkSl fl' i f } tf } i t ti� } f Ill it VIk II I 1j} A y t 4,, p�1� a t 1 5 � »s} l t� nn�S}�b`i tt�,��4Vl3��t7 ll� 7� 1 4j l' r 1 ti � 1 ^tit A S � Federal Aviation Administration Air Traffic Airspace Branch, ASW-520 2601 Meacham Boulevard Fort Worth, TX 76137 Issued Date.- 03/02/2011 FAA / FCC Department American Tower GA 1898 Leland Drive -Marietta, GA 30067 Aeronautical Stud No- 201 -ASO-974-OE Prior Stud No. 2009-ASO-4347-OE The Federal Aviation Admtration has conducted an aeronautical stud under Lde provisions of 49 U.S.Ce- Section 44718 and if applicable Title 14 of the Code of Federal Re part 77, concernin h This aeronautical stud revealed tat the structure does not exceed obstruction standards and would not be hazard to air navi provided the followin condition(s), if an is(are) met.- i It is re that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned te 0 this office an time the pro abandoned or: At least 10 da prior to start of construction (7460-2, Part 1) X Within 5 da after the construction reaches its g reatest hei (7460-2. Part II) Based on this evaluation, markin and li are not necessar for aviation safet However, if markin,9 and/or li are accompli shed on a voluntar basis, we reconunend it be installed and maintained in accordance with FAA Advisor circular 70/7460-1 K Chan 2. This determination expires on 09/02/2012 unless: � t �x I� IS S �, t I, � i� I, I, i { i ', s' VS i s I ! t r F , ii �` i` � 'a, M. I I 10 "1 is (; s i Board of Commissioners Meetin 06/06/2011 13-14-1 úÍÛÊØÍÖùÍÏÏÓÉÉÓÍÎ×ÊÉï××ÈÓÎÕ Frequency Data for ASN 2011 -ASO- 974 -OE LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNI ERP UNIT 698 806 MHz 1000 w 806 824 MHz 500 w 824 849 MHz 500 w 851 866 MHz 500 w 869 894 MHz 500 w 896 901 MHz 500 w 901 902 MHz 7 w 930 931 MHz 3500 w 931 932 MHz 3500 w 932 932.5 MHz 17 dBW 935 940 MHz 1000 w 940 941 MHz 3500 w 1850 1910 MHz 1640 w 1930 1990 MHz 1640 w 2305 2310 MHz 2000 w 2345 2360 MHz 2000 w Board of Commissioners Meeting 06/06/2011 13 -14 -3 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 6, 2011 REGULAR ITEM: 14 DEPARTMENT: Planning PRESENTER(S): Nicole Dreibelbis, Current Planner; and Jane Daughtridge, Current Planning & Zoning Manager CONTACT(S): Nicole Dreibelbis, Current Planner; and Jane Daughtridge, Current Planning & Zoning Manager SUBJECT: Public Hearing Conditional Rezoning Request (Z -838M, 05111) - Request by Holman & Lackey on Behalf of Masons Landing Yacht Club, LLC to Modify an Approved Conditional Use Plan for Masons Landing Yacht Club and Remove 4.19 Acres or 8 lots from a 14.565 -Acre Tract Approved for an R -20 Performance Residential Development at 7312 Mason Landing Road BRIEF SUMMARY: At their May 5, 2011 meeting, the Planning Board voted 5 -0 to recommend approval of all three actions, including the rezoning of 4.19 acres from CD (R -20) to R -20S, the rezoning of .51 acre from CD (R -20) to CD (R -15), and the proposed modified site plan for the conditional district. No one from the public spoke on this item. The site is classified as Wetland Resource Protection in the 2006 CAMA land use plan. RECOMMENDED MOTION AND REQUESTED ACTIONS: Three Part Action Required - Action #1 Needed (Approve, deny, continue) Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether its 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 for approval: The County Commissioners find that this request for zoning map amendment from Conditional District CD (R -20) to R -20S as described is: 1. Consistent with the purposes and intent of both the Conservation and Wetland Resource Protection classification in the 2006 CAMA Land Use Plan. 2. Reasonable and in the public interest to rezone 4.19 acres of Conditional District CD (R -20) residential property to R -20S and remove it from the previously approved residential subdivision of Masons Landing Yacht Club to make it consistent with the surrounding area. Action #2 Needed (Approve, deny, continue) Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether its 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." Board of Commissioners Meeting 06/06/2011 14 -0 EXAMPLE for approval: The County Commissioners find that this request for zoning map amendment from Conditional District CD (R -20) to Conditional District CD (R -15) as described is: 1. Consistent with the purposes and intent of both the Conservation and Wetland Resource Protection classification in the 2006 CAMA Land Use Plan. 2. Reasonable and in the public interest to rezone 0.51 acre of Conditional District CD (R -20) residential property to Conditional District CD (R -15) to be consistent with the remainder of the residential lots and subject to the site plan for the companion special use permit Action #3 Needed (Choose One) Use the Script /Worksheet to make findings and 1. Grant the special use; or 2. Add conditions to the special use; or 3. Deny the special use. ATTACHMENTS: Z -838M Staff Summary Z -838M Petition Summary Z -838M Adjacent Property Owners Map Z -838M Site Plan 2 Z -838M Application Z -838M Tax Information Z -838M Authority For Appointment of Agent COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Continued to July 11, 2011 by a vote of 5 -0. Board of Commissioners Meeting 06/06/2011 14 -0 CASE: Z -838M, (05/11) PETITIONER: Holman and Lackey on behalf of Masons Landing Yacht Club REQUEST: Rezone from Conditional R -20 Low - Density Residential and R -15 Medium - Density Residential to R -20S ACREAGE: 14.565 acres LOCATION: 7312 Masons Landing Road LAND CLASS: Watershed Resource Protection and Conservation STAFF SUMMARY HISTORY In November 2007, about 4.7 acres of vacant land was added to a prior approved conditional district. A conditional district is one in which there are no uses permitted by right, so each CD requires a companion special use permit with site plan. This becomes the only allowable use and plan for the district. Property in the 2007 action was under option by the original developer, but the sale was never completed. The current owner of a 4.19 acre tract which was part of the November 2007 modification now wishes to disentangle from the project and be freed from the privileges and obligations associated with a conditional use district, reverting back to the original R -20S zoning district. The remaining half acre of land was acquired by the original developer and remains as part of the project. This piece should be converted to CD R -15 so that there is no "spot zoning" remnant in the newly defined conditional district. PLANNING BOARD ACTION: At its May 5, 2011 meeting, the Planning Board voted 5 -0 to recommend adoption of all three actions, including: the rezoning of 4.19 acres from CD (R -20) to R -20S, the rezoning of .51 acres from CD (R -20) to CD (R -15), and the proposed modified site plan for the conditional district. PROPERTY SPECIFICS: The conditional rezoning encompassing 7312 Masons Landing Road was a two phase project and approval. The initial request, approved May 1, 2006, was to rezone 11.46 acres from R -20 S to Conditional R -15, in order to accommodate 25 residential units, the maximum number allowed under the performance residential standards of an R -15 zoning district. The second phase of this conditional rezoning, approved November 5, 2007, was to rezone and add 4.70 acres of Conditional R -20 and an additional 9 residential units, for a total of 34 residential units on 16.16 acres. The current request is to modify the conditional rezoning in 2 modes. The first request is to remove a 4.19 acre tract, PID number 04500 - 004 - 007 -001, from its current zoning of Conditional R -20 and return it to its original zoning of R -20 S. Board of Commissioners Meeting 06/06/2011 14 -1 -1 The second request is to rezone .51 acres; PID s 04514- 002 - 028 -000 and 04514- 002 - 029 -000, from Conditional R -20 to Conditional R -15 in conformity with the contiguous residential lots. The companion special use permit and site plan would also be modified to reflect the downsizing. CHARACTER OF THE AREA Current Zoning The subject properties are currently zoned Conditional R -20 low- density residential and Conditional R -15 medium - density residential. Conditional districts are districts in which no use is allowed by right. All uses require an approved special use permit and site plan. Both of these parcels are approved as part of Masons Landing Yacht Club, a performance residential development of 34 residential units and a marina serving partly as an amenity to the neighborhood and partly as a commercial venture. Zoning in all directions surrounding the subject property are zoned R -20S, low- density single family residential. Proposed Zoning R -20S Residential District is established as a district in which the principal use of land is for low density single - family residential purposes. The regulations of this district are to permit development compatible with the preservation of its rural character and providing limited growth. It is designed to accommodate residential opportunities for those who desire exurban, low- density lifestyle and are willing to assume the costs of providing many of their own services and amenities while maximizing the protection of resources and the conservation of open space. Reverting to the original zoning would free the parcel from the constraints of a conditional use district and the special use permit associated with it. Conditional R -15 District would consolidate the residual property from the 2007 modification with the original CD R -15 tract. The uses associated with the new special use permit would remain the same but the current site plan would be modified to reflect the reduced number of units and other design changes. DENSITY A rezoning of 4.19 acres back to R -20S has virtually no impact on density since CD -R -20 carries allowable density of only 1.9 units per acre. Dimensional requirements for the R -20 S district are outlined in Section 51 -2. The approval of the second part of this request to rezone .51 acres to CD (R -15) would increase the allowable density in the remaining project by just over 1 unit, or a total of 30 units on 11.97 acres. The number of units proposed is 26. TRAFFIC: Traffic counts are not provided for local roads; therefore, no traffic counts are available for Masons Landing Road. The ADT on Middle Sound Loop Road, slightly west of Masons Landing Road, at the intersection of Market Street have increased from 8,649 (2009) to 8,816 (2010). The Middle Sound Board of Commissioners Meeting 06/06/2011 14-1-2 Loop/ Market Street intersection has a 2007 LOS of B. Meaning the traffic volumes are less than design capacity and there is a stable flow of traffic. No TIA will be required for the maximum number of lots allowable. COMMUNITY SERVICES: Water /Sewer: Sewer is provided by Cape Fear Public Utility Authority. However, the community utilizes a well for domestic purposes. Fire Protection: The property will be served by New Hanover County Fire Services. Schools: School districts are determined by the New Hanover County Board of Education periodically. LAND CLASS: The subject property is located in the northern portion of the county in an area classified as both Conservation and Wetland Resource Protection on the 2006 CAMA Land Classification map. The conservation designation is to provide for effective long -term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. The Wetland Resource Protection Area designation is designed to decrease the intensity of development because of the areas vulnerability to flooding and /or the need to preserve environmentally sensitive areas. ENVIRONMENTAL CONSIDERATIONS: The subject property is located within the Pages Creek watershed drainage area which is classified SA; HQW 303 (d). There is a portion of VE flood zone associated with the conditional project; however, it is the site of the marina, clubhouse and pool. Therefore, none of the parcels identified for residential units will be subject to the New Hanover County Flood Damage Prevention Ordinance as of today. Updated FEMA flood maps are anticipated to be released and adopted by New Hanover County by the end of 2011. The soil maps indicate a variety of soils, including: Lake Land Sand, a Class I Soil, identified as suitable with slight limitation. Seagate fine sand, Class II Soil, recognized as having moderate limitation and requiring moderate modification and maintenance. Murville fine sand and Leon Sand are both Class III Soils which offer severe limitation and require extensive modification and intensive maintenance. Tidal Marsh, Class IV soil, is identified as unsuitable. PLANS and POLICIES: In Policy 5.7, the 2006 CAMA Land Use Plan specifically encourages development patterns that preserve the character of the area's existing residential neighborhoods and quality of life. STAFF POSITION: Staff feels that the request for rezoning of the conditional use, identified as Masons Landing Yacht Club, is consistent with the 2006 CAMA Land Use Plan, the stated intents of both the R -15 and R -20 S zoning districts. Board of Commissioners Meeting 06/06/2011 14 -1 -3 Further, the return of 4.19 acres to R -20S and .51 acres to Conditional R -15 will be consistent with the adjacent Register Place Estates subdivision; adjacent extension of R -20 S; previously approved site plan of Masons Landing Yacht Club; and the land classification. Therefore, staff recommends approval. THREE PART ACTION —First Rezoning 4.1 acres from CD(R -20) to R -205, then rezoning .51 acres from CD(R -20) to CD(R -15), then SUP Findings and modification of the approved site plan for the revised 11.97 CD(15) district. ACTION #1 NEEDED: (Approve, deny, continue) Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether its 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 for approval: The County Commissioners find that this request for zoning map amendment from Conditional District CD (R -20) to R -205 as described is: 1. Consistent with the purposes and intent of both the Conservation and Wetland Resource Protection classification in the 2006 CAMA Land Use Plan. 2. Reasonable and in the public interest to rezone 4.19 acres of Conditional District CD (R -20) residential property to R -20S and remove it from the previously approved residential subdivision of Masons Landing Yacht Club to make it consistent with the surrounding area. ACTION #2 NEEDED: (Approve, deny, continue) Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether its 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 for approval: The County Commissioners find that this request for zoning map amendment from Conditional District CD (R -20) to Conditional District CD (R -15) as described is: 1. Consistent with the purposes and intent of both the Conservation and Wetland Resource Protection classification in the 2006 CAMA Land Use Plan. 2. Reasonable and in the public interest to rezone 0.51 acres of Conditional District CD (R -20) residential property to Conditional District CD(R -15) to be consistent with the remainder of the residential lots and subject to the site plan for the companion special use permit Board of Commissioners Meeting 06/06/2011 14-1-4 BECAUSE THIS IS A CONDITIONAL USE DISTRICT, STAFF HAS THE FOLLOWING PRELIMINARY FINDINGS OF FACT FOR THE COMPANION SPECIAL USE PERMIT: PRELIMINARY FINDINGS OF FACT: In its review of the request, the Planning Staff made the following preliminary "findings of fact." 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 sewer is available; however, the community utilizes a well for domestic use. B. Fire Service is provided by New Hanover County Fire Services. C. The residential portion of this proposal is outside of the flood hazard areas. D. Stormwater control is subject to the requirements of the County's stormwater ordinance and will be accommodated on site. E. Masons Landing Road is accessed off of Middle Sound Loop Road. The ADT of middle Sound Loop Road has increased from 8,649 (2009) to 8,816 (2010).The Middle Sound Loop/ Market Street intersection has a 2007 LOS of B. Meaning the traffic volumes are less than design capacity and there is a stable flow of traffic. F. There are no Conservation/ Historical/ Archeological resources on site. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed road improvements required by NCDOT are implemented. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Conditional zoning districts are designed for firm development proposals and not for tentative development. The property is currently being used for similar purposes. B. Conditional R -15 District rather than CD R -20 for the .51 acre remaining property would consolidate the residual property from the 2007 modification with the original CD R -15 tract. The uses associated with the new special use permit would remain the same but the current site plan would be modified to reflect the reduced number of units, elimination of a proposed segment of Nautica Yacht Club Drive, and reorganization of lots south of Deep Creek Run. C. The adjacent marina includes fifty -six (56) wetslips. Thirty four of those are currently dedicated to the residential development as a recreational amenity. This change will modify the reserved slips from 34 to 26, which will free 8 slips to be added to the total for commercial purposes. Currently, parking spaces for the marina have been approved based on the number of commercial slips, with the residential amenity slips presumed to meet those parking requirements at the adjacent homes. Therefore, parking for the marina will need to be adjusted to meet the requirements of the ordinance, which requires 1 space for each slip. Parking at the clubhouse is a separate requirement. Therefore, as proposed, two additional parking spaces will need to be created, which may also generate the need to modify existing CAMA and Stormwater permits because of increased impervious surface calculations. D. Relevant findings and conditions from November 5, 2007 will remain in effect for the resultant new conditional use district, including : Board of Commissioners Meeting 06/06/2011 14-1-5 1. General hours of marina operation shall be 6:30 am to 9:30 pm Sunday through Thursday and 6:30 am to 10:30 pm Friday & Saturday. Boats shall only occasionally be permitted to depart from and arrive at the marina outside of these general hours of operation. 2. The jetty shall only be used for vehicular parking when residents and their guests are accessing or using the boat slips and not for club activities or special events. No boat trailers or storage shall be allowed on the jetty except during emergencies as stated below. 3. Owners, their guests and the public may use the boat ramp to evacuate boats from area waters during emergency situations. Federal, State, and local authorities may use the boat ramp to launch and evacuate boats during emergency situations. Any such evacuated boats and /or trailers may not be parked or stored on the jetty. 4. Persons shall not be permitted to live on board boats at the marina for a period of greater than seven (7) consecutive days. 5. The use of the marina facilities shall be restricted to owners, their guests and invitees. Staff Suggestion: Evidence in the record at this time supports a finding that the use can meet all required conditions and specifications of the Zoning Ordinance if parking for the marina is adequate to meet the requirements of the ordinance, and when all other findings and conditions from November 5, 2007 are applied. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted that this project will decrease property values of residents who live nearby. Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Land Use Plan Update identifies this area as Conservation and Wetland Resource Protection. The conservation designation is to provide for effective long -term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. The Wetland Resource Protection Area designation is designed to decrease the intensity of development because of the areas vulnerability to flooding and /or the need to preserve environmentally sensitive areas. B. Policy 5.7 outlines the desire to preserve the character of the area's existing residential neighborhoods and quality of life. Board of Commissioners Meeting 06/06/2011 14 -1 -6 Staff Suggestion: The evidence in the record at this time supports a finding that the use will be consistent with the land use plan and in harmony with the neighborhood. Action #3 ACTION NEEDED: (Choose One) Use the Script /Worksheet to make findings and 1. Grant the special use; or 2. Add conditions to the special use; or 3. Deny the special use. Board of Commissioners Meeting 06/06/2011 14-1-7 Case Z -838M (05/11) Remove 4.19 acres or 8 lots from a 14.56 acre tract approved for R -20 Performance Residential development Petition Summary Data 7312 Mason Landing Road Owner /Petitioner: Holman & Lackey on behalf of Masons Landing Yacht Club LLC Existing Land Use: Conditional R -20 and Conditional R -15 Performance Residential Zoning History: Area 3 (May 18, 1970); May 1, 2006 rezoned to CD (R -15); November 5, 2007 rezoned to CD (R -15) and CD (R -20) Land Classification: Wetland Resource Protection and Conservation Water Type: Private Community well Sewer Type: Public Recreation Area: Ogden Park Access &Traffic Volume: Masons Landing Road is accessed off of Middle Sound Loop Road. The ADT of middle Sound Loop Road has increased from 8,649 (2009) to 8,816 (2010).The Middle Sound Loop/ Market Street intersection has a 2007 LOS of B. Meaning the traffic volumes are less than design capacity and there is a stable flow of traffic. Fire District: New Hanover County Fire Service District Watershed & Water Quality Classification: Pages Creek, SA; HQW 303 (d) Aquifer Recharge Area: A shallow water -table sand aquifer and underlying artesian aquifer containing fresh water over salty water. Conservation /Historic /Archaeological Resources: There is a portion of VE flood zone; however, that portion is dedicated to the marina, clubhouse and pool. None of the residential lots are located within a flood zone or any other historical or archaeological sites. Soils: Seagate Fine Sand, Leon Sand, Lake Land Sand (slopes 1 to 8), Tidal Marsh and Murville Fine Sand Septic Suitability: Lake Land Sand is a Class I Soil- suitable /slight limitation. Seagate fine sand is a Class II Soil - moderate limitation; requires moderate modification and maintenance. Murville fine sand and Leon Sand are Class III Soils- severe limitation; requires extensive modification and intensive maintenance. Tidal Marsh is a Class IV soil, which is unsuitable. Schools: Ogden Elementary Board of Commissioners Meeting 06/06/2011 14-2-1 LL Q3 _ (1) m o 0 0 o 75 C) - a C ) 00 " C) _0 V) OL. U m 1 0 06 00 0) U) m 0 C: 0)(.) 0 CO (D 4-j 00 LO W 0 C: M C) m LO N r-- 0 -j C) uj M _j C\j V) 0 LO " w c < 06 0 0 E 75 - > L O DL (D 0 p (1) (U 0 0 75 0 ITT \ r ` .`; (0 CN rtr of C414 co P - Board of Commissioners Meeting 06/06/2011 14-4-1 f, ON I..I GB 9� m� �.; 09 31RIS '08 d00 - 0H0SN0S%,eVV 28 0N AA-9N • n e F — io r q y �,• g . w,., d• !� {�� T °CE x� 5 ' 9 a 1 I b s DNICINVI NOSVVY E)NIONYI � `b a � & no Board of Commissioners Meeting 06/06/2011 14-4-1 NEW HANOVER COUNTY PLANNING DEPARTMENT CONDITIONAL USE ZONING DIST"Cli 230 Government Center Drive Suite 150 Wilmin NC 28403 910-798-7165 phone 910-798-7053 fax www.iihc.g,ov.com 91 ff P S FeettAcres M Area of Propert 1 4 5 6 5 ac eeDAt't2cled 634,451 sf Existin Use of Property SI'n Fami'l ,mo 5 � Petitions must be reviewed b the Plannin Department for completeness prior to acceptance. For Petitions *involvin five (5) acres or less a fee of $400.00 will be char for those of more than five (5) acres a fee of $600.00 will be char This fee, pa to New Hanover Count MUST a ccompan y this petition. Petitions for conditional chan of zonin are first referred to the New Hanover Count Plannin Board and then acted upon b the New Hanover Count Board of Commissioners. Complete petitions and all supplementar information must be accepted b the Plannin Department twent (20) 0 workin da before the Plannin Board meeti to allow ade time for processin and advertisement as re b the North Carolina G Plannin Board meetin are held at 5:30PM in the Commissioners Assembl Room in the Old Count Courfliouse, at Third and Princess Streets, Wilmin North Carolina, on the first Thursda of each month. 011 �Cll Board of Commissioners Meetin 06/06/2011 14-5-1 If the Plannin Board approves y our petition, the re will automaticall be referred to the Board of Count Commissioners. If y our petition 'is denied, y ou ma appeal to the Board of Commissioners. The Plannin Department can advise �-rou re appeal procedures. VU , 1;11.� 2. How would the re zone chan be consistent with the propert classification on the Land Classification Map? The proposed zonin will match the Land Class 'if icat -ion Map. The subject � 'is classified as Resource Protection which has a maximum densit of 2.5 units/acre, the proposed zonin bein R20S will not allow lots to be created on the tract less than 20,000 sfe Board of Commissioners Meetin 06/06/2011 14-5-2 Authorit to g rant a Special Use Permit is contained in the Zonin Ordn'tance, pursuant to section 71. The Zoni Ordinand Ing imposes the followin General Re on the use re b the applicant. Under each re the applicant shouR explain, with reference to attached plans, where a pplicable, how the proposed use satisfies these re ( Attach additiona"i if necessary) pa i General Re #3 The Board must find "that the use will not substantiall in the value of adjoinin or abutti propert or that the use is ?R1 U19 public necessit The proposed zonin will be consistent with surroundin land uses, therefore, the proposed chan will have no effect on land values,. to R20S which 'is consistent with the surroundin land uses and similar properties 'in the Middle Sound. W"'W"PTI, 17M Board of Commissioners Meetin 06/06/2011 14-5-3 (s ection SITE PLAN CHECKLIST 59.7 - 3 (2)) Check each item to confirm that i's included. F11!I ��11 r. L3 Traffic and Parkin Plan to include a statement of impact concernin local traffic near the tract, proposed ni dedication, plans for access to and from the tract, location, width and ri for internal streets and location, Ll ' All existin and proposed easements, reservations, re setbacks, ri bufferin and s IIIIIIIIIIIIII F, W Location and sizin of trees re to be protected under Section 67 of the Zonin d Or g inarim. W An additional conditions and re which represent g reater restrictions on development and use of the tract;-; a than the correspondin General Use District re which are the miimum re in the Conditional Use Q An other 'information that will facilitate review of the proposed chan (See Article VH). 8 In si thi's petition, I understand that the existin zonin map is presumed to be correct and that I have the burden of provin wh a chan Iis "in the publicinterest. I further understand the sin out of one a parcel of land for special zonin treatment unrelated to Count policies and the surroundin nei would probabl be ille I certif that this application "is complete and that all 'information presented 'in this application 'is accurate to the best of m knowled information, and belief, Print Name W, WT Board of Commissioners Meetin 06/06/2011 14-5-4 Le Description for Rezonin Area from (CD)R-20 to R-20S Board of Commissioners Meetin 06/06/2011 14-6-1 Pa I of I Board of Commissioners Meetin 06/06/2011 h 1872418096848- 4/7/2011 } It - - „ J f'i'" ,,'_ rJ•, 4 ) i, , }"' t f, I+ , \r � st` � )I ` a" 1. � }f.r +„ s — I r ';( l'4` J I � ll; 4 � I ) ", I, i� •1„ "I 7 C ;�' f k — L ,,a(f{ t; ). ,( 4 r l 4 ,t} ( }, 0� -. ) )i1 4 . - +, » `i,� r !' Y /1 I7 ,ji ,r)1 !S !1 '(:�� t. „,,t $' I 4 1 `, I�1 ,Ir „S rr' } S ir' r �i�' ,' I f .r '` �i s 1 tr "n I, 4f rIl (: �, I ' ! ` (� , I , I'' +' '!', I „)' 4 ,y { , � ,. } ,t; i I;' ,u i; I,' 1` i r,a + ;. 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R Board of Commissioners Meeting 06/06/2011 14 -6 -3 'The undersi owner 6L CC ) does hereb appoint ')c%&&A M i !n as his/her/its exclusive a for the purpose of petitionin New Hanover Count for an amenVment to the text re and/or zonm" map applicable to the propert to New Hanover Count This the da of it 920-9- -� 7 1 IL Board of Commissioners Meetin 06/06/2011 14-7-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 6, 2011 REGULAR ITEM: 15 DEPARTMENT: Planning PRESENTER(S): Sam Burgess, Subdivision Review Planner CONTACT(S): Sam Burgess, Subdivision Review Planner; and Jane Daughtridge, Current Planning & Zoning Manager SUBJECT: Public Hearing Road Closing (SC -89, 03111) — Request by William Ladney to Close an Unnamed Road Near the 8500 Block of Bald Eagle Lane BRIEF SUMMARY: Richard Ladney has petitioned the County to close an unnamed private road off Bald Eagle Lane. In accordance with NCGS 153A -241, a Resolution of Intent to close the road was adopted by the New Hanover County Board of Commissioners at their April 18, 2011 regular meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the road closing. A eti nn Nppd Pry Motion to approve; or Motion to approve with changes; or Motion to continue; or Motion to deny as presented with stated reason(s). ATTACHMENTS: SC -89 Staff Summary SC -89 Adjacent Property Owner Map SC -89 Resolution of Intent COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners Meeting 06/06/2011 15 -0 PUBLIC HEARING ITEM SC -89, 03/11 Request: Close an Unnamed Road (Private) Petitioner: William Ladney Location: Near 8500 Block Bald Eagle Lane, West side General Information William Ladney has petitioned the County to close an unnamed road (private) off Bald Eagle Lane. The road proposed to be closed has an unimproved right -of -way width of 20' and an approximate length of 520' (see attached map). In accordance with NCGS 153 -A -241, a Resolution of Intent to close the road was adopted by the Board of County Commissioners at their regular meeting on April 18, 2011. Staff Summary As displayed on the site map, the unimproved road right -of -way proposed to be closed is adjacent to parcels of land that either front on Bald Eagle Lane or Karsten Creek Way. Karsten Creek Way is a part of Porters Neck Plantation subdivision. According to the petitioner, use of the road is non - existent except for the property owners of lots 31 & 32. Both lot owners have signed the petition to have the road closed. According to County Fire Services, emergency access should not be an issue if the road were closed. This road segment was a part of a rectangular unimproved road configuration that was created in April, 1955. The petitioner indicates that if the road were closed, the additional property gained (ten feet) may provide sufficient area to build a carport and /or provide access to the backyard. Agency Comments Opportunity was provided to the Cape Fear Public Utility Authority (CFPUA), County Engineering, County Fire Services, and the Wilmington Metropolitan Planning Organization (WMPO) for comments on the road closing proposal. All four agencies responded by stating they did not have any issues with the proposed closure. Staff Recommendation The proposed closure of this road by the petitioner makes sense for several reasons. First, no adjoining landowner will be denied access to their property based on existing road frontages via Bald Eagle Lane and Karsten Way. Second, agencies who reviewed the petition do not have any significant interest with the closure. For these reasons, staff recommends approval. Artinn NpPrlPrl Motion to approve Motion to approve with changes Motion to continue Motion to deny as presented with stated reason(s) Board of Commissioners Meeting 06/06/2011 15 -1 -1 NEW HANOVER T Y BOARD OF COMMISSIONER]w R&M 230 Government Center Drive, Suite 115 Wilmin NC 28403 (910) 798-7149 (910) 798-7145 Fax www.nhc 6 :7 WHEREAS, a petition has been filed pursuant to NCGS 153-A-241, re the Board of Commiksi of New Hanover Count to close the followffi descri*bed private road: g i pr - - Board of Commissioners Meetin 06/06/2011 15-3-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 6, 2011 REGULAR ITEM: 16 DEPARTMENT: Engineering PRESENTER(S): Jim Iannucci, County Engineer CONTACT(S): Jim Iannucci, County Engineer SUBJECT: Consideration of Beach Nourishment Contingency Plan Approval BRIEF SUMMARY: The Beach Nourishment Contingency Plan was presented to the Board during the work session on May 16, 2011. The plan is the culmination of efforts involving Coastal Planning and Engineering, Inc. (CPE); the Port, Waterway & Beach Commission; County staff; and the elected officials and staff members from Carolina Beach, Kure Beach and Wrightsville Beach. Staff and the consultant from CPE presented findings during the work session and provided an overview of the plan. Options such as moving forward with an interlocal agreement with the beach towns to fund individual projects and contracting of services to provide reauthorization reports or obtaining the necessary permits for beach nourishment should be considered for approval. These measures will allow the three nourishment projects to continue receiving the maximum amount of Federal funding available while protecting the interests of the County and beach towns in the event of funding shortfalls. Copies of the plan and executive summary were provided to the Board, representatives of the Beach towns and the Port, Waterway & Beach Commission. The Board should determine a timeline and course of action that includes a contract for services to obtain the necessary permits to provide supplemental maintenance of the three projects when Federal funding is lacking along with an equitable solution in the form of an interlocal agreement between the County and beach towns regarding the distribution of Room Occupancy Tax (ROT) funds. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the plan for final acceptance and direct staff to proceed with finalizing the interlocal agreement for beach nourishment with the towns of Carolina Beach, Kure Beach and Wrightsville Beach and to begin contract negotiations for Option 1 to include permitting of all three beach nourishment projects and a locally funded reevaluation report to support the reauthorization of the Carolina Beach project. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: A motion to bring back a revised executive summary on June 20 and to negotiate and bring back a draft contract and interlocal agreement on July 11 was approved 5 -0. Board of Commissioners Meeting 06/06/2011 16 -0