Agenda 2011 08-01New Hanover County,
North Carolina
6=%:b &I
August 7, 2011
Agenda
Mission
New Hanover County is committed to progressive public policy, superior
service, courteous contact, judicious exercise of authority, and sound fiscal
management to meet the needs and concerns of our citizens today and tomorrow.
Vision
A vibrant prosperous, diverse coastal community,
committed to building a sustainable future for generations to come.
Core Values
Integrity • Accountability • Professionalism • Innovation • Stewardship
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AGENDA
NEW 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
AUGUST 1, 2011
6:00 P.M.
MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.)
INVOCATION (Reverend Phoebe R. Jordan, St. James AME Church)
PLEDGE OF ALLEGIANCE (Commissioner Ted Davis, Jr.)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Adoption of State Road Resolution
3. Approval to Accept an $87,000 LSTA Technology Grant for the Development
of a Comprehensive Self- Checkout System at all Branches of the New
Hanover County Public Library
4. Adoption of Resolution of Intent to Close A Portion Of Hill Avenue Between
Wild Cherry Lane And Ramblewood Drive (SC -90, 6/11)
5. Adoption of Ordinance for Budget Amendment
ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS
TIMES
6:10 p.m.
6. Offshore Wind Economic Development Task Force Presentation and
Consideration of a Resolution in Support of the Development of Offshore
Wind Resources by the State of North Carolina
6:20 p.m.
7. Approval of Construction Contract for Arrowhead Park Renovations
6:25 p.m.
8. 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 Site Plan for Masons Landing Yacht Club and
Remove 4.19 Acres or 8 Lots from the Existing Conditional Use District at
7312 Mason Landing Road
6:55 p.m.
9. Public Hearing
Text Amendment (A -394, 07/11) - Request by Michael Edwards to Amend
Sections 59.3.4(6) and 59.3.5 of the County's Zoning Ordinance to Revise the
Dimensional and Access Requirements for the Airport Industrial (AI) Zoning
District
7:25 p.m.
10. Public Hearing
Text Amendment (A -393, 06/11) - Request by Staff to Amend Section 53.5 of
the County's Zoning Ordinance to Clarify Certain Standards for Establishing
a Planned Development (PD) Zoning District
7:45 p.m.
11. Appointment of Voting Delegate to the 2011 NCACC Annual Conference
NON - AGENDA ITEMS limit three minutes
Boar o Commissioners Meeting
08/01/2011
ADDITIONAL AGENDA ITEMS OF BUSINESS
7:50 p.m. 12. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
8:00 P.M. 13. 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
08/01/2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 1, 2011
CONSENT
ITEM: 1
DEPARTMENT: 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 July 7, 2011
Closed Session meeting held on July 11, 2011
Regular Session meeting held on July 11, 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
08/01/2011
1 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 1, 2011
CONSENT
ITEM: 2
DEPARTMENT: 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 roads and requesting the Board to adopt a resolution in
support of adding the roads to the state system:
Windjammer and Rushing Drives located within Crosswinds Sections 1 and 2 and Wedgefield at Crosswinds
South Subdivision (Division File No. 1171 -N) in New Hanover County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt SR -2 resolution.
ATTACHMENTS:
NCDOT Request Letter
SR -2 Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
08/01/2011
2 -0
BEVERLY EAVES PERDUE
GOVERNOR
DEPARTMENT OF TRANSPOR
July 14, 2011
�y r
k k
STATE OF NORTH CAROLINA
Ms. Sheila Schult, Cleric to the Board
New Hanover County Board of Commissioners
230 Government Center Drive, Suite 175
Wilmington, ND 28403
J U L 18 2011
NEW HANOVER CO.
`ATi!'%TOF COFAMISSIONER$
]EuJCENE A. CoNT� JR.
SECRETARY
Subject: Proposed Addition to the State System of Highways; Windjammer and
Rushing Drives. (Division File # 1171 -N)
Dear Ms. Schult:
This office is considering the addition of; Windjammer and Rushing Drives located
within, Crosswinds section 1, section 2 and Wedgefield @ Crosswinds South
subdivision in New Hanover County (Division File # 117'1 -N) to the state roadway
system. After the Board's consideration, if they concur with our recommendation,
please furnish this office with the current county resolution and official road name for
our further handling.
If I may be of further assistance, please advise.
Sin ly,
Anthony W
District Engineer
AWUjdd
Attachments: SR -1 Road (Petition request form), (4) plat maps and locator map
300 Division Drive, Wibnington, N.C. 28441 Tel: (91 D) 25 -2655 Fax: (910) 251-2759
Board of Commissioners Meeting
08/01/2011
2 -1 -1
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description: Windjammer and Rushing Drives located within Crosswinds Sections
1 and 2 and Wedgefield at Crosswinds South Subdivision (Division
File No. 1171 -N) in New Hanover County.
WHEREAS, a petition has been filed with the Board of County Commissioners of the
County of New Hanover requesting that the above described road(s), the location of which
has been indicated on a map, be added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road System, if the road(s) meets
minimum standards and criteria established by the Division of Highways of the Department
of Transportation for the addition of roads to the System,
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of
New Hanover that the Division of Highways is hereby requested to review the above
described road(s), and to take over the road(s) for maintenance if they meet established
standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 1 St day of Au ust , 2011.
WITNESS my hand and official seal this the 1 st day of Au ust, 2011.
Sheila L. Schult, Clerk to the Board
New Hanover County Board of Commissioners
Form SR -2
Please Note: Forward directly to the District Engineer, Division of Highways.
resolute.doc
Board of Commissioners Meeting
08/01/2011
2 -2 -1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 1, 2011
CONSENT
ITEM: 3
DEPARTMENT: Library PRESENTER(S): Harry Tuchmayer, Library Director
CONTACT(S): Harry Tuchmayer, Library Director
SUBJECT:
Approval to Accept an $87,000 LSTA Technology Grant for the Development of a Comprehensive
Self - Checkout System at all Branches of the New Hanover County Public Library
BRIEF SUMMARY:
A 25% Match in the Amount of $21,980 is required for this grant. The funds for the match will be provided
by the Friends of the Library. This is a one -year project that will improve services at the library. Submittal
of grant application was approved at the January 18, 2011 Commissioners meeting.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve grant acceptance and adopt ordinance for budget amendment 12 -003.
ATTACHMENTS:
Budget Amendment 12 -003
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
08/01/2011
3 -0
AGENDA: August 1, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 003
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -003 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Effective County Management
Strategic Objective(s): Leverage technology / information to enable performance
Fund: General Fund
Department: Library
Expenditure:
Decrease
Increase
Library:
Capital Outlay - Equipment
$87,000
Total
$0
$87,000
Revenue:
Decrease
Increase
Library:
Grant - Federal - LSTA Technology
$87,000
Total
$0 1 1
$87,000
Section 2: Explanation
To budget $87,000 LSTA Technology Grant for the Development of a comprehensive self - checkout
system at all Branches of the New Hanover County Public Library. The 25% grant match of $21,980 will
be provided by the Friends of the Library. No other County matching funds are required.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 12 -003, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 1 st day of August, 2011.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/01/2011
3 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 1, 2011
CONSENT
ITEM: 4
DEPARTMENT: Planning PRESENTER(S): Sam Burgess, Subdivision Review Planner
CONTACT(S): Sam Burgess, Subdivision Review Planner
SUBJECT:
Adoption of Resolution of Intent to Close A Portion Of Hill Avenue Between Wild Cherry Lane And
Ramblewood Drive (SC -90, 6/11)
BRIEF SUMMARY:
Withers & Ravenel, Inc. has petitioned the County to close a portion of Hill Avenue located between Wild
Cherry Lane and Ramblewood Drive. In accordance with NCGS 153A -241, a Resolution of Intent to close a
road or easement must be adopted by the Board of County Commissioners prior to scheduling a public
hearing on the matter. If adopted, the public hearing would be scheduled for September 6, 2011.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may or may not adopt a Resolution of Intent.
ATTACHMENTS:
SC -90 Staff Summary
SC -90 Adjacent Property Owners Map
SC -90 Resolution of Intent
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
08/01/2011
4 -0
NON PUBLIC HEARING ITEM
SC -90, 06/11
Resolution of Intent to close a portion of Hill Avenue (Private)
Petitioner: Withers & Ravenel
Location: Between Ramblewood Drive &Wild Cherry Lane (Arjean Sound area)
General Information
Withers & Ravenel has petitioned the County to close a portion of Hill Avenue located between
Ramblewood Drive and Wild Cherry Lane. The unimproved and inaccessible right -of -way is 20 feet in
width and has an approximate length of 173 feet (see attached map). In accordance with NCGS 153A-
241, aResolution of Intent to close a road or easement must be adopted by the Board of County
Commissioners prior to scheduling a public hearing on the matter.
Staff Statement
If the Road Resolution of Intent to close a portion of Hill Avenue is adopted by the Board of County of
Commissioners, a public hearing on the matter would be scheduled for Tuesday, September 6, 2011 at
6:00 p.m.
Board of Commissioners Meeting
08/01/2011
4 -1 -1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION OF INTENT
TO CLOSE A PORTION OF HILL AVENUE
WHEREAS, a petition has been filed pursuant to NCGS 153A -241, requesting the Board of
Commissioners of New Hanover County to close the following described private road:
Beginning at a point at the intersection of the southeastern boundary of Hill
Avenue, a 20' private right -of -way, with the southwestern boundary of Wild
Cherry Lane, a 20' private right -of -way; said point being the northernmost corner
of "Lot 1 — La Foret," a division recorded among the land records of the New
Hanover County Registry in Map Book 22, at Page 10; and running thence from the
point of beginning with the Hill Avenue right -of -way, South 43'06'00" East,
173.99 feet to a point; thence crossing the right -of -way, North 38'57'00" West,
20.19 feet to a point at the intersection of the northwestern boundary of Hill Avenue
with the northeastern boundary of Ramblewood Drive, a 60' private right -of -way;
said point also being the southernmost corner of "Lot 1 — Revision in Part / Arj can
by the Sound," recorded in Map Book 18, Page 5; thence with Hill Avenue
right -of -way, North 43'06'00" East, 173.98 feet to a point; thence re- crossing the
right -of -way, South 38 °58'25" East, 20.19 feet to the point and place of beginning,
containing 3,480 square feet, more or less.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners is considering closing said road to private use, and that a public hearing on this
question will be held on the 6 th day of September, 2011 at 6:00 p.m. in the Commissioners'
Assembly Room of the New Hanover County Historic Courthouse at 24 North Third Street in
Wilmington, North Carolina at which time the Board will hear all interested citizens and make a
final determination as to whether the road shall be closed.
ADOPTED this the 1 st day of August, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/01/2011
4 -3 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 1, 2011
CONSENT
ITEM: 5
DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Adoption of Ordinance for Budget Amendment
BRIEF SUMMARY:
The following budget amendment amends the annual budget ordinance for the fiscal year ending June 30,
2012.
12 -011 - Health
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinance for the budget amendment listed.
ATTACHMENTS:
Budget Amendment 12 -011
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
08/01/2011
5 -0
AGENDA: August 1, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 011
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -011 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Provide health / wellness education, programs, and services
Fund: General Fund
Department: Health/Safe Kids
Expenditure:
Decrease
Increase
Health/Safe Kids:
Supplies
$3,000
Grant - Local - UNC Highway Safety
Research Center
2
Total
$0
$3,000
Revenue:
Decrease
Increase
Health/Safe Kids:
Grant - Local - Safe Kids Worldwide
$1,000
Grant - Local - UNC Highway Safety
Research Center
2
Total
$0
$3,000
Section 2: Explanation
The Health Department has received two grants totaling $3,000 for the Safe Kids program. $1,000 is
from Safe Kids Worldwide to reduce pedestrian - related injuries to children. $2,000 is from UNC
Highway Safety Research Center to gather child passenger safety information through observational
surveys. Educational materials and incentives will be provided to participants. No County matching funds
are required.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 12 -011, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 1 st day of August, 2011.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/01/2011
5 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 1, 2011
REGULAR
ITEM: 6
DEPARTMENT: PRESENTER(S): Mac Montgomery, Task Force Member
CONTACT(S): Chris Coudriet, Assistant County Manager
SUBJECT:
Offshore Wind Economic Development Task Force Presentation and Consideration of a Resolution in
Support of the Development of Offshore Wind Resources by the State of North Carolina
BRIEF SUMMARY:
The Governor created The Offshore Wind Task Force in July 2011 that focuses on clean energy through
harnessing the power of wind. The presentation will focus on the mission of the task force and identify
initiatives underway in North Carolina.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ATTACHMENTS:
Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation and consider the resolution.
COMMISSIONERS' ACTIONS:
Heard presentation. The Board will provide input on the proposed resolution through staff.
Board of Commissioners Meeting
08/01/2011
6 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION IN SUPPORT OF THE DEVELOPMENT OF OFFSHORE WIND RESOURCES BY THE
STATE OF NORTH CAROLINA
WHEREAS, North Carolina has the best shallow -water offshore wind resource potential of any state on the Atlantic
seaboard with 58 Giga Watts (GW) of accessible capacity; and
WHEREAS, 58 GW of offshore wind power is equivalent to 130% of our state's total electric demand in 2007 and
this demand is projected to grow 40 percent over the next 20 years; and
WHEREAS, currently 55% of electric power in NC is generated by coal and NC spends $2.35 billion annually to
import this coal from other states and countries; and
WHEREAS, current estimates indicate that development of the offshore wind industry in North Carolina would
create 45,000 construction jobs and 9,100 permanent jobs over the next 20 years and generate $22 billion in total
economic benefit for our state's economy; and
WHEREAS, wind creates jobs that cannot be easily outsourced overseas and facilities that must be located in
proximity to the coast and also spur general economic development across the state; and
WHEREAS, North Carolina has proven that it has the research knowledge and institutions, the manufacturing
expertise, the managerial and financial talents and the skilled and expert workforce to support the offshore wind
industry; and
WHEREAS; municipal and county governments in all NC coastal counties benefit from a vibrant industry that
complements existing tourism, and commercial and sport fishing economies of the coast; and
WHEREAS, there is a limited window of opportunity to attract major manufacturers in this industry and North
Carolina needs to take bold, immediate action to demonstrate long -term and stable demand for offshore wind power
in our state.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners recommends
the Governor and other state leaders take steps to promote and encourage development of offshore wind as a
renewable 21 century energy resource. Among the steps needed, North Carolina should:
• Adopt policies that provide regulatory and financial certainty for wind developers;
• Create incentives for manufacturers to locate their facilities in our state;
• Support additional research and detailed modeling of offshore wind resources;
• Facilitate efforts to educate the public on offshore wind;
• Upgrade the electrical transmission grid;
• Prepare for offshore wind projects in federal waters; and
• Promote our world -class wind resource and business environment to industry.
ADOPTED this the 1 St day of August, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/01/2011
6 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 1, 2011
REGULAR
ITEM: 7
DEPARTMENT: Parks PRESENTER(S): Jim McDaniel, Director, Parks, Gardens & Senior
Resources
CONTACT(S): Tara Duckworth, Parks & Gardens Manager; Jim McDaniel, Director, Parks, Gardens &
Senior Resources; and Max Maxwell, Senior Project Manager
SUBJECT:
Approval of Construction Contract for Arrowhead Park Renovations
BRIEF SUMMARY:
Award of contract to Bradley Barnes Construction in the amount of $904,499 for the park renovations at
Arrowhead Park. Funding will come from 2006 Parks Bonds.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommend approval of contract with Bradley Barnes Construction, in the amount of $904,499 for
construction renovations at Arrowhead Park.
ATTACHMENTS:
Bid Tab
Arrowhead letter
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -1, Commissioner Berger dissenting.
Board of Commissioners Meeting
08/01/2011
7 -0
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THOMAS & HUTTON ENGINEERING CO.
219 STATION ROAD
SU ITE 101
WILMINGTON, NORTH CAROLINA 28405-3713
TELEPHONE (91 O) 332 -3360
FAX (91 O) 332 -3361
July 1, 2011
Mr. Max Maxwell
Project Manager
New Hanover County
230 Government Center Drive, Suite 160
Wilmington, North Carolina 28405
Re: Bid of June 23, 2011 at 2:00 pm
Arrowhead Park Improvements
J- 20523.0000.700
Dear Max:
Six bids were received for the referenced project. An abstract of the bids is attached.
We offer the following comments on the bids received:
1. All bidders submitted the required Bid Bond.
2. All bidders acknowledged receipt of the addenda issued.
3. No bidder submitted any notice of conflicts, errors, ambiguities, or discrepancies.
4. The bids are subject to acceptance for sixty (60) days from the bid date.
Based on our review and collective efforts with you to review the submitted bid
documents, we believe the lowest responsive, responsible bidder is Bradley- Barnes Construction
contingent upon them providing the documentation requested via email on July 1, 2011. It is
our understanding that Bradley- Barnes is currently a pre - qualified general contractor to perform
work for New Hanover County. Their surety company, First Sealord Surety, Inc. is a licensed surety
company in the State of North Carolina. It is our understanding that the Owner intends to
include Alternate # 1 with the Lump Sum Base Bid in the award of the contract.
Enclosed is the original bird submitted by Paragon. Before the contract is awarded, we
recommend legal counsel review the proposed award recommendations and procedures prior
to implementation.
Thank you. If there are any questions, please call me.
Sincerely,
THOMAS & HUTTON
Xs
Riley
Project Manager
BDR/kap
Enclosures: Bid Abstract / Bradley- Barnes Original Bid
N, 120523,00001 SPECS\ LETTER OF RECOMf1�b`� &�IWfijRQY��t pq
SAVANNAH, GEORGIA • CHARLESTON, SOUTH CAROL` 44. BEACH, SOUTH CAROLINA • BRUNSWICK, GEORGIA
7 -2 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 1, 2011
REGULAR
ITEM: 8
DEPARTMENT: PRESENTER(S): Jane Daughtridge, Current Planning & Zoning
Manager; Planning Board Representative: Melissa Gott
CONTACT(S): Jane Daughtridge, Current Planning & Zoning Manager; and Chris O'Keefe, Planning &
Inspections Director
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 Site Plan for Masons Landing
Yacht Club and Remove 4.19 Acres or 8 Lots from the Existing Conditional Use District at 7312
Mason Landing Road
BRIEF SUMMARY:
This request was continued from the June 6, 2011 County Commissioners meeting.
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."
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.
Board of Commissioners Meeting
08/01/2011
8 -0
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
Z -838M Application
Z -838M Tax Information
Z -838M Authority For Appointment of Agent
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
• motion to return the zoning of 4.19 acres from CD(R -20) to R20S was approved by a vote of 5 -0.
• motion to find that this request is consistent with the purposes and intent of both the Conservation and
Wetland Resource Protection classification in the 2006 CAMA Land Use Plan and that it is reasonable ind in
the public interest to rezone 0.51 acre of CD(R -20) to CD(R -15) was approved 5 -0.
A motion to grant the special use permit was approved 5 -0.
Board of Commissioners Meeting
08/01/2011
8 -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.
This item was continued from the June 6, 2011 County Commissioners meeting due to the untimely
death of Wright Holman, one of the property owners. In the meantime, portions of the property have
been sold to a new owner, who has joined in this request to amend the zoning and modify the approved
site plan as submitted.
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.
Board of Commissioners Meeting
08/01/2011
8 -1 -1
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.
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.
Board of Commissioners Meeting
08/01/2011
8 -1 -2
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
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.
Board of Commissioners Meeting
08/01/2011
8 -1 -3
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.
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 -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."
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.
Board of Commissioners Meeting
08/01/2011
8 -1 -4
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
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.
Board of Commissioners Meeting
08/01/2011
8 -1 -5
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 :
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
Board of Commissioners Meeting
08/01/2011
8 -1 -6
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.
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
08/01/2011
8 -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
08/01/2011
8 -2 -1
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Board of Commissioners Meeting
08/01/2011
8 -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
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S FeettAcres M
Area of Proper 1 4 5 6 5 ac eeDAt't2cl
t ed
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
08/01/2011
8-5-1
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
08/01/2011
8-5-2
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
i
es necessa
T,
r
pa i
General Re #3
The Board must find
t "tha 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
08/01/2011
8-5-3
(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
08/01/2011
8-5-4
Le Description for
Rezonin Area from (CD)R-20 to R-20S
Board of Commissioners Meetin
08/01/2011
8-6-1
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Board of Commissioners Meetin
08/01/2011
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Board of Commissioners Meeting
08/01/2011
8 -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
08/01/2011
8-7-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 1, 2011
REGULAR
ITEM:
9
DEPARTMENT: PRESENTER(S): Nicole Dreibelbis, Current Planner; Planning
Board Representative: Melissa Gott
CONTACT(S): Jane Daughtridge, Current Planning & Zoning Manager; and Chris O'Keefe, Planning &
Inspections Director
SUBJECT:
Public Hearing
Text Amendment (A -394, 07/11) - Request by Michael Edwards to Amend Sections 59.3.4(6) and 59.3.5
of the County's Zoning Ordinance to Revise the Dimensional and Access Requirements for the Airport
Industrial (AI) Zoning District
BRIEF SUMMARY:
At their July 7, 2011 meeting, the Planning Board voted 7 -0 to recommend approval of the text amendment.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "prior to adopting or rejecting
any zoning amendment, the governing board shall adopt a statement describing whether the action is
consistent with an adopted comprehensive plan and explaining why the board considers the action taken to
be reasonable and in the public interest."
EXAMPLE:
The County Commissioners find that this request for zoning text amendment is (or is not):
1. Consistent with the purposes and intent of policy 4.2 and others adopted in the 2006 Land
Use Plan; and
2. Reasonable and in the public interest to allow limited flexibility in the requirements for airport
industrial zoning districts with conditional use review and approval.
A TT A V]4AJFNTC -
A -394 Staff Summary
A -394 Al Uses
A -394 Application
A -394 Authority For Appointment of Agent
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 4 -1, Commissioner Davis dissenting.
Board of Commissioners Meeting
08/01/2011
9 -0
A -394 (07/11) TEXT AMENDMENT Request By: Michael Dwayne Edwards
AMEND SECTIONS 59.3.4(6) AND 59.3.5 OF THE COUNTY'S ZONING ORDINANCE TO REVISE CERTAIN
DIMENSIONAL AND ACCESS REQUIREMENTS FOR THE AIRPORT INDUSTRIAL (AI) DISTRICT.
PLANNING BOARD ACTION:
At its July 7, 2011 meeting, the Planning Board voted 7 -0 to recommend approval of this amendment to
the New Hanover County Zoning Ordinance with revisions as suggested by staff. No one from the public
spoke on this item.
PROPOSAL (As revised and accepted by the applicant):
Changed are in Bold.
59.3.4(6) Dimensional Requirements: Any property subdivided and recorded prior to 6/8/81
may be less than the minimum lot area established for the district, provided such lots are
located outside of an approach zone for the New Hanover County Airport. (6/4/84) Additionally,
any such property located within an airport approach zone may be approved by the Board of
County Commissioners pursuant to the Conditional Use District process set forth in Sections
59.7.
59.3.5: Protection of Residential Areas -It is required, in order to protect and promote existing or
future residential development, that any means of direct access to or from any permitted or
Special Use in the Al Zone shall not be through any residentially zoned or developed area or
along any street or road in any residential subdivision. (3/9/88) The foregoing may be waived in
Al districts pursuant to the Conditional Use District process set forth in Section 59.7.
STAFF COMMENTS:
NCGS 153A -341 informs us 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." The statute further states that zoning "regulations shall be made with reasonable
consideration as to, among other things, the character of the district and its peculiar suitability for
particular uses, and with a view to conserving the values of buildings and encouraging the most
appropriate use of land throughout the county."
The 2006 CAMA Land Use Plan has several policies in place to provide adequate land for the various
types of uses. Policy 4.2 of the land use plan discusses the need to delineate areas for industrial use
while maximizing existing infrastructure and protecting the fragile ecosystem from harm as well as
residents from undue impacts.
Section 59.3.1 of the Zoning Ordinance describes the intent of the airport industrial district as a
restricted industrial district which encourages the types of development having maximum compatibility
Board of Commissioners Meeting
08/01/2011
9 -1 -1
with aircraft operations; to protect and promote the public utility of the Airport; and, to promote the
health, safety and general welfare of the inhabitants of New Hanover County.
In order to maintain the protections intended for the Airport Industrial District and its surrounding
residential areas, while allowing some flexibility for unique situations approved individually, Staff
supports the request as revised and recommended by the Planning Board.
Staff feels the change is consistent with the CAMA Land Use Plan, the stated intent of the ordinance and
is in the public interest because it provides opportunity to develop industrial proposals on older, non-
conforming lots that happen to fall within the airport approach zone and flexibility for access to Airport
industrial property, after conditional review and approval, on a case by case basis.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "prior to adopting or
rejecting any zoning amendment, the governing board shall adopt a statement describing whether the
action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE:
The County Commissioners find that this request for zoning text amendment is (or is not):
1. Consistent with the purposes and intent of policy 4.2 and others adopted in the 2006 Land
Use Plan; and
2. Reasonable and i the public interest to allow limited flexibility in the requirements for
airport industrial zoning districts with conditional use review and approval.
Board of Commissioners Meeting
08/01/2011
9 -1 -2
Airport Industrial Uses
Permitted by Right
Special Use Permit Required
Agricultural Uses
Other Communication Facilities Including Towers
Wholesale Nurseries & Greenhouses
Indoor & Outdoor recreation Establishments
General Building Contractor
Outdoor Shooting Ranges
General Contractor Other Than Building
Dwelling Unit Contained within Principal Use
Landscaping Contractor
Processing Recycling Facilities
Special Trade Contractor
Cabinet & Woodworking Shop
Electric & Electronic Machines, Equipment &Supplies
Fabricated Metal Products
Instruments & Related Products
Miscellaneous Manufacturing
Printing & Publishing
Transportation Equipment
Air Transportation
Electric /Gas & Sanitary Services
Electric Substations
Mini - Warehouses
Motor Freight Transportation Warehousing
Post Offices
Telephone & Telegraph Facilities
Warehousing
Antenna & Towers Less than 70 Ft. In Height
& Ancillary to Principle Use
Cellular & PCs Antennas
Amateur Radio Antennas Up to 90 Ft.
Wholesaling
Wholesaling Seafood with Water Frontage
Automobile Service Station
Automobile Dealers & Truck Sales
Boat Dealers
Building Material & Garden Supplies
Convenience Food Store
Eating & Drinking Places
Mobile Home Dealers & Prefabricated Buildings
Retail Nurseries
Banks, Credit Agencies, Savings & Loans
Automobile /Boat Repair Sales
Automobile Rentals
Business Services Including Printing
Equipment Rental & Leasing
Hotels & Motels
Parks & Recreation Area
Resort Hotel /Motel
Churches
Accessory Buildings or Uses
Board of Commissioners Meeting
08/01/2011
9 -2 -1
Permitted by Right
Special Use Permit Required
Christmas Tree Sales
Circuses, Carnivals, Fairs & Side Shows of
No More Than 30 Days
Demolition Landscape Landfill
Evangelistic & Religious Assemblies
Not Conducted at a Church
Government Offices & Buildings
Offices for Private Business & Professional
Outdoor Advertising
Outdoor Bazaars excluding Yard Sales
Pumpkin Sales
Principal Use Signs
Research Facilities
Single Family Dwelling
Special Fund Raising for Non - Profit Organizations
Temporary Sign
Small Collection Recycling Facilities
Large Collection Recycling Facilities
Board of Commissioners Meeting
08/01/2011
9 -2 -2
Michael Dewayne Edward'-M
..........
215 Beval Road
Cit State, ZIP
Wilmin NC 28401
- -
Telephone Number
a 11 � I �' �'
M M�!
............ .. .... .
.. .....................
W 7
Will
S'pature (Pr"nt and Si M i chae 1 Dewayne Edwards
I
Board of Commissioners Meetin
08/01/2011
9-3-1
V
rETITIONER: Michael Dewa Edwards
t VIEW=
iv 1 11 1I" S
AGENTS: Matthew A. Nichols
Shanklin & Nichols, LLP
214 Market Street'. Wilmin NC 28401
phone-, 762-9400; fax-, 251-1773
-mai - shanklaw@earthl*iik.net
[OATES- June 7, 2011
Amend NHC Zonin Ordm'ance § 59.3.4(6) (dimensional re for Al District) w
follows (proose aon shown in bold)
pd d
: I
Amend NHC Zonin Ordm'ance § 59.3.5 (access re for AI District) as followE
It
,proposed addition shown in bold):
1 of 2
Board of Commissioners Meetin
08/01/2011
9-3-2
2.of
Board of Commissione2
rs Meetin
08/01/2011
9-3-3
l'j
Please note that for q uasi- j udicial proceedin either the land owner or an attorne
must represent the case at its public hearin
I red ownerMichael Dewa Edwards
,.(Print or T
as his/her/its exclusive a for the purpose of petitionin Nei
matthew A. Nichols
I =#
( Print or T
Hanover Count for a variance, special use permit, conditional use district and/or A n a eal of staff
and App 1 1 c agpji on f or Text
tzcisions applicable to the propert described in the attached petition. 7 endment.
This a a shall continue 'in effect until written notice of revocation b the owner 'is delivered
to New Hanover Count
This the �po4mh da of June 9 2011
A Name, Address, Email & Telephone Si of Owner ( s )
( Print or T
u,1xvi & &44MU
Board of Commissioners Meetin
08/01/2011
9-4-1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 1, 2011
REGULAR
ITEM: 10
DEPARTMENT: PRESENTER(S): Chris O'Keefe, Planning & Inspections Director;
Planning Board Representative: Melissa Gott
CONTACT(S): Chris O'Keefe, Planning & Inspections Director; and Jane Daughtridge, Current Planning &
Zoning Manager
SUBJECT:
Public Hearing
Text Amendment (A -393, 06/11) - Request by Staff to Amend Section 53.5 of the County's Zoning
Ordinance to Clarify Certain Standards for Establishing a Planned Development (PD) Zoning District
BRIEF SUMMARY:
At their July 7, 2011 meeting, the Planning Board voted 7 -0 to recommend approval of the text amendment.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "prior to adopting or rejecting
any zoning amendment, the governing board shall adopt a statement describing whether the action is
consistent with an adopted comprehensive plan and explaining why the board considers the action taken to
be reasonable and in the public interest."
EXAMPLE:
The County Commissioners find that this request for zoning text amendment is (or is not):
1. Consistent with the purposes and intent of the policies adopted in the 2006 Land Use Plan;
and
2. Reasonable and in the public interest to amend the requirements to establish a Planned District
by adding minor refinements and removing language that could be potentially challenged in
court.
ATTACHMENTS:
A -393 Staff Summary
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5-0.
Board of Commissioners Meeting
08/01/2011
10 -0
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A -393 Amend Section 53.5: Planned Development (PD) District
Request by Staff to amend Section 53.5 of the County's Zoning Ordinance to clarify certain
standards for establishing a Planned Development (PD) zoning district.
History:
The PD zoning district was an innovative tool in the mid- 1980's when it was first adopted.
It focuses on very large (100 acres or more) proposals with a mixed use component and has
been utilized only 5 times since its inception. Certain clarifications or administrative
changes are needed to keep this section current with changing times and terminologies.
Also, recent court rulings around the state have called into question the ability of local
governments to attach special fees for schools to development proposals in their
communities. Our Planned Development (PD) zoning district includes fee provisions
somewhat similar which have not been meaningful to the county. The following proposed
amendments attempt to address these timely issues.
Planning Board Action:
At its July 7, 2011 meeting, the Planning Board voted 7 -0 to recommend approval of this text
amendment with the appendage of certain proposed language recommended by Tyler Newman,
namely, the addition of NAHB Green Building Standards and Green Globes to the list of
acceptable residential certifications, identified in Item 12 of the Density Bonus Table.
53.5 -1: Intent - The PD District is established to foster the mixing of various land uses,
under , an integrated development plan that would
-V-V V LL"L1%.1 Y L"11
otherwise not be possible under general district requirements. It is designed to
promote economical and efficient patterns of land use which are sensitive to
natural features and site amenities and which decrease automobile travel time and
trip length; encourage trip consolidation and transit opportunities foster bicycle
and pedestrian movements; reduce energy consumption and demands; and
encourage unified and compatible development between land uses for the benefit
of all County residents. The PD District is intended to provide flexibility in
permitting lar e -scale planned urban development within the constraints of the
County's Land Use Plan, in situations where the owners of the property present a
development plan which is found to be in the public interest and which provides
necessary urban services and improvements required by this Ordinance and the
County's Policies for Growth and Development.
The PD District requires approval of a master land use plan whereby flexibility in
building design, layout and siting, mixtures in housing types and land uses, usable
open space, and the preservation of significant natural features is permitted.
53.5-2: District Regulations:
Board of Commissioners Meeting
08/01/2011
10 -1 -1
47 (1) Minimum District Size A contiguous gross land area of one hundred (100)
48 acres or more under common ownership or joint petition.
49
50 (2) Maximum Building Height The maximum building height for residential,
51 commercial, and office and institutional structures shall be forty (40) feet; except
52 that the maximum height for buildings located within the urban or transition area
53 as indicated on the County's Land Classification Map and fronting along a
54 collector, minor arterial or principal arterial as indicated on the '
55 +i ON 1 2 1.ftfl. Wilminzton Urban Area MPO functional
56 classification map shall be eighty (80) feet. (10/5/95)
57
58 (3) Building Setback and Separation: Buildings located on the periphery of the PD
59 District shall be setback a minimum of twenty (20) feet from the PD District
60 boundary. All buildings shall be setback at least ten (10) feet from all pedestrian
61 and bicycle paths and fifty (50) feet along US and NC numbered highways and
62 major thoroughfares. No building shall encroach upon the right -of -way of a
63 proposed thoroughfare as designated by the Wilmington Area Thoroughfare Plan
64 or its equivalent adopted transportation planning document. In no case shall any
65 part of a detached single family dwelling unit or its accessory structure be located
66 closer than ten (10) feet to any part of any other detached single family dwelling
67 or its accessory structure; and in no case shall any part of a multiple dwelling unit
68 or its accessory structure be located closer than twenty (20) feet to any part of
69 another dwelling unit, accessory structure, or non - residential buildings. (2/87)
70 (11 /OS)
71
72 (4) Fringe Use Area: To insure compatibility with adjoining land uses, a fringe
73 use area, two hundred (200) feet in width, shall be established along the exterior
74 property lines of the PD District where the exterior property lines of the PD
75 District are adjacent to residential uses and /or platted residential lots. If the
76 exterior property line of the PD district is not adjacent to residential uses and /or
77 platted residential lots, then no fringe use area will be required. If a fringe use
78 area is required, only residential uses or open space may be permitted within the
79 first one hundred 100 feet of that fringe area. Rights -of -way, stormwater utilities,
80 and active recreation areas may be permitted within the interior one hundred (100)
81 feet of the fringe area. The maximum building height within the fringe use area
82 shall be thirty -five (35) feet.
83
84 Required setback = (Building Height) x (2.75) In no case shall the minimum
85 setback be less than 25 feet. The part of the yard adjacent to the residential
86 districts shall be used only for buffering and as specified in Section 67. (3/9/88)
87
88 (5) Land Use Mixture: No more than thirty (30) percent of the PD District shall be
89 used for light industrial, commercial, and office and institutional purposes.
90
91 (6) Maximum Density: (1/2/90)
92
Board of Commissioners Meeting
08/01/2011
10-1-2
93
(A) Allowable density shall be determined by the Site Capacity Standards
94
for High Density Development as authorized in Section 69.4(3) of this
95
Ordinance, except that land intended for commercial, office and
96
institutional, and industrial uses shall also be subtracted from the gross site
97
area. The residential density factor of the PD district shall be 4.25
98
dwelling units per acre if the PD shall be located within the Urban or
99
Transition area. The residential density factor of the PD district shall be
100
2.5 dwelling units per base site acre if the PD shall be located beyond the
101
Urban or Transition area. (10/5/95)
102
items.
103
(B) Residential units shall not be allowed at a density greater than 2.5
104
units per acre in areas classified Rural, Conservation, or Resource
105
Protection in the Wilmington -New Hanover Land -Use Plan. In cases
106
where a Planned Development includes Rural or Resource Protection
107
areas, and Conservation areas, then density may exceed 2.5 units per acre
108
in the Resource Protection or Rural area, provided the number of units in
109
the Conservation area is reduced by an equal amount. (2/16/87)
110
waters and
111
(C) If the PD District shall be located within the Urban or Transition Area,
112
the residential density factor of the PD District may be increased by using
113
the following "Density Bonus Chart". An increase in density from 4.25 to
114
10.2 dwelling units per acre requires a total score of 65 75 points or more.
115
An increase in density from 10.2 to 17 units per acre requires a total score
116
of 165 points or more. (2/16/87) (10/5/95)
117
Board of Commissioners Meeting
08/01/2011
10 -1 -3
Densit
Density Bonus Chart
Points
Adjacent to a Minor or Principal Arterial Facility as indicated on the County's Thoroughfare
Classification Plan and providing a public collector road plan and a public or private local street plan
that include sidewalks and bicycle facilities to provide an efficient variety of choices for moving
44-15
people around and throuzh the proposed development
Within one mile by road of established businesses sufficient to support a total employment equal to
85% of the anticipated labor force (calculated at one worker per unit) of the PD district population.
15
If the PD is located in a manner that satisfied at least two of the following criteria:
1. Within one road mile of a neighborhood convenience store offering basic grocery items and other
items.
2. Within two road mile-s of a community shopping center. A community shopping center is defined
as a site with a common parking area, a grocery store, and at least two of the following types of
retail establishments: drug store, hardware store, dry cleaners, variety retail, department store,
discount store or restaurant.
3. Within three miles of regional shopping center consisting of over 100,000 sq. ft. of retail space for
sales and storage.
15
At least 1/2 mile inland of coastal wetlands, estuarine waters, estuarine shorelines and public trust
waters and
preserves riparian buffers and incorporates LID techniques for stormwater controls.
25
Board of Commissioners Meeting
08/01/2011
10 -1 -3
All structures are located beyond the 100 year floodplain as designated on the County's Official
Flood Insurance Maps.
20
Outside the County's most sensitive aquifer recharge area (Area No. 2) as shown on the Aquifer
Sensitivity Map for New Hanover County.
15
Bus or shuttle transportation.
10
Solid waste transfer station.
30
Within one mile of a public park and recreation facility.
10
At least 5% of the total number of dwelling units in the PD District are designated and reserved on
the Master Land Use Plan for either handicapped or households with income less than 60% of the
gf&s-s median household income for New Hanover County.
20
Public access and public waterfront facilities provided, such as docks, piers, and boat ramps or
shoreline parks and boardwalks
25
All residential units will meet
/ / X. °,a „,. +; � ;r _. ° �, i� i LEED, Healthy Build Home, XXX
ICC700 Green Building Standards, or Green Globes desi nation.
-520
Alternative energy systems supply at least 20% of the total non - renewable energy consumption for
space and hot water heftriflag heatin . Alternative energy systems, for purposes of this Ordinance, are
defined as constructed passive or active systems. Passive systems shall be evaluated using the solar
load ratio method and active systems using the F -chart system. Points will not be awarded for this
incentive unless the conditions for the above incentive concerning thermal standards are also met.
20
Recreational facilities other than tot lots and mini - parks. These recreational facilities may include,
but are not limited to, tennis courts, golf courses, ball fields, basketball courts, and community
recreation buildings or community ardens Points will be awarded at a rate of one point for each
$5,000 of investment (not including land or design costs), up to a maximum of 20 points. Adequacy
of design and improvements, and cost estimates will be evaluated by the County Parks Department.
20
118
119 (7) The following minimum improvements and public services shall be provided in accordance
120 with all standards set by the County or appropriate local or State agency:
121
122 (A) Water supply and sewer facilities; (8/3/87) provided by the Cape Fear
123 Public Utility Authority or an equivalent atyency.
124
125 (B) Fire hydrant and water supply systems that meet the standards �I_d I specified in t �, c +�
126 ,a ntw,a � �� the National Fire Protection
127 Association Standard Fir° G-_ � as amended.
128
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129
131
132
133
134
135
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Board of Commissioners Meeting
08/01/2011
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(EFL) Street lights, at the rate of one fixture per 500 linear feet or less of
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Board of Commissioners Meeting
08/01/2011
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181
182 (F14) Tot lots and /or mini -parks (adequacy of design and improvements to
183 be evaluated by County Parks and Recreation Department), at the rate of
184 one acre or more per 1,000 population and within 1 mile distance of
185 residential areas to be served by them. Sidewalks or pedestrian trails shall
186 establish a safe network for accessing these facilities
187 (GI) Audible fire alarm systems connected directly to a central
188 -is ��� L °r & °N T Dispatch System for all structures except single -
189 family and duplex residential.
190 (HJ) Parkin : Off - street parking shall be provided in accordance with
191 Article VIII of this Ordinance, except that design of parking lots or shared
192 parking facilities may be approved with minor dimensional deviations,
193 when the TRC concurs and provided the number of required spaces is not
194 reduced.
(IK) Sins: Signs shall be in accordance with Article IX of this Ordinance.
The developer shall be responsible for erecting and maintaining street
name signs at all intersections within the PD District. Signs on public
streets shall conform with existing Department of Transportation
regulations.
(JL Community Property Owner's Association: A Community Property
Owner's Association shall be established in accordance with Sections 69.1
and 69.3 of the Zoning Ordinance. Rights -of -way platted for public use
may not be altered to brivate rights- of -wav by anv action of a community
broberty owners association unless abbroved by the Technical Review
cnmmittPP
(KM) Required Master Land Use Plan
1. A Master Land Use Plan and necessary documents shall be
submitted along with the rezoning petition. The Master Land Use
Plan shall consist of an overall land use plan showing existing and
proposed development for the PD District as a whole.
2. The Master Plan shall be prepared by a multi- disciplinary team
consisting of qualified practitioners in architecture, planning, and
engineering.
3. Contents of the Master Land Use Plan shall include the
following:
a. Scale not less than one (1) inch to four hundred (400)
feet.
b. North Arrow
c. Vicinity or Location Map
d. Development name
e. Owner's name and address
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227 f. Developer (if other than owner)
228 g. Names of design team
229 h. Date
230 i. Boundary line of the proposed PD District
231 j. Existing topographic information with two (2) foot
232 contour intervals
233 k. All water courses, 100 -year floodplains, mean high water
234 lines and unique natural features
1. Tree inventory and location
m. Recreation areas and facilities
n. Street layout and traffic circulation pattern
o. Pedestrian and bicycle circulation systems
p. Residential areas with projected density and planned
housing types, and acreage ( Include a table
q. Commercial, industrial, and office and institutional areas
with proposed land uses, estimated square footage, and
acreage. (Include a table
r. All adjoining land uses and zoning districts.
s. Fringe use areas
t. School sites being reserved and recreational areas to be
dedicated for public use, if applicable
u. Total gross acres
v. Total acres occupied by all street right -of -way and
parking areas
w. High Density calculations as required in Section 69.4
4. The Master Land Use Plan shall be accompanied by the
following:
a. The names and addresses of each property owner within
the proposed PD district.
b. A legal description of the proposed PD District
c. Community property owners association proposed
covenants.
d. A drainage plan showing locations and acreage of
drainage areas, sizes and specifications of drainage
structures, and supporting calculations using Soil
Conservation Service methods or other methods approved
by the County Engineer for both pre- development and post -
development conditions.
e. A utility plan showing existing and proposed utility
systems, including sanitary sewers, water, electric, gas,
television and telephone lines, fire hydrants, street lighting
and trash collection areas.
f. A traffic impact analysis
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272 g. A development phasing schedule including the sequence
273 and approximate dates of each phase; and, proposed
274 phasing of construction of public improvements, recreation,
275 and common open space areas.
276 h. A statement of planning objectives including:
277
278 1. Identification of appropriate County Land Use
279 Policies achieved by the proposed PD District;
280 2. An estimate of total residential population
281 3. Other necessary information and evidence to
282 support the creation of a PD District in the County.
283
284 (MN) Thoroughfare Requirements - The development shall have direct access, as required in
Q 4P
285 Section 69.9, to and from an existing major or minor arterial as indicated in the IT��e. f
286 Dl� Wilminzton Area MPO Functional Classification Map. All
287 interior drives shall be designed so as to provide adequate access for emergency service
288 vehicles. (2/16/87) and future connectivity to ad joinin g undeveloped properties.
289 (N8) Recognizing the County's need for adequate housing for the elderly population as
290 stated in the 2006 CAMA Plan Update, the following district regulations shall apply in
291 instances where at least twenty -five percent (25 %) of the PD district number of units are
292 included in a Continuing Care Retirement Facility as described and regulated under NCGS
293 58 Article 64:
294 a. The maximum height for a continuing care retirement facility building shall be up
295 to 55 feet.
296 b. The thoroughfare requirements in Section 53.5- 2(7)(N) and Section 69.9 may be
297 satisfied if a traffic study supports a finding by the Board of County
298 Commissioners that the roadway providing access for the proposed PD
299 development to and from an existing major or minor arterial will operate at an
300 acceptable level of service (LOS), and will not cause the LOS to drop below
301 Level C. (1/07/08) at build -out.
302
303 Section 53.5 -3: Procedural Requirements for the Establishment of a PD District
304
305 A PD District shall be processed in three stages: Conceptual Review, Master Land
306 Use Plan; and Final Plan. The concept Plan shall represent the applicant's general
307 sketch and impression of the anticipated pattern of development planned for the
308 PD District. The Master Land Use Plan shall specify the uses of land and layout
309 of landscaping, circulation and general placement of buildings. The Final Plan
310 shall be the document on which building permits and other applicable County
311 approvals are issued. Each stage shall be processed in the following order:
312
313 (1) Conceptual Review:
314 (A) This is a scheduled pre - application conference held with the County
315 Planning Department to discuss requirements, standards and policies prior
316 to the submission of a formal PD District rezoning petition.
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(B) The general outline of the proposed PD (evidenced schematically by
sketch plans or drawings showing the proposed location of the PD district,
land uses, major streets, site conditions, land characteristics, available
community facilities and utilities, and other applicable information) shall
be submitted by the applicant for conceptual review at the pre- application
conference.
(C) After holding the required conference, the County Planning
Department shall notify the appropriate representatives of various County
agencies (such as the County Sheriff, Board of Education, Engineering,
Building Inspections, Health Department, and j am' County Fire
Services to obtain preliminary comments regarding the
proposed PD. In addition, the TRC may be asked to review for preliminary
comments in lieu of nency notice. Upon receipt of these comments, the
County Planning Director shall furnish the participants with written
comments, including appropriate recommendations to inform and assist
the applicant prior to preparing a formal PD district rezoning petition.
(2) Master Land Use Plan:
(A) Application for a PD district shall be filed with the County Planning
��.staf£ The County Planning staff �� shall review the
Master Land Use Plan and PD district rezoning petition in the nature of an
amendment to the County's Official Zoning Map. Such an amendment
shall be processed pursuant to the general requirements of Article XI of
this Ordinance, including the required community informational meeting
outlined in Sec. lll -2.1. Upon receipt of all necessary application
materials, including the comments of the TRC, the Planning Director shall
schedule the petition before the County Planning Board.
(B) The Board of County Commissioners, following receipt of the
Planning Board's recommendation will review the PD district rezoning
petition and Master Land Use Plan with respect to its technical sufficiency
and its consistency with the Land Use Plan and the Policies for Growth
and Development.
(C) Approval of the Master Land Use Plan as part of the PD district
requirements shall not constitute final plan approval, rather it shall be
deemed an expression of approval of the rezoning request and the overall
design and densities as submitted on the Master Land Use Plan. The
Master Land Use Plan shall be filed in the County Planning &Inspections
Department.
(D) Minor changes and revisions to the Master Land Use Plan may be
approved administratively by the County Planning Director, without
additional public hearings, provided such changes to not result in:
1. A change in the use or character of the applicable portion of the
PD
2. A diminishing change of design for, or an increase in the
hazards to pedestrian and vehicle or vessel traffic circulation;
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363 3 . A reduction in the originally approved setbacks from roads
364 and /or exterior property lines.
365 Any changes, other than minor changes, shall only be made by the
366 County Commissioners, and must follow the same review and
367 public hearing process required for other Zoning Ordinance
368 Amendments .
369
370 (3) Final Plan:
371 (A) Application for Final Plan approval or sections thereof shall be made
372 with the County Planning staff .
373 (13) The Final Plan shall be in compliance with the Master Plan and no
374 construction, excavation, or clearing shall be commenced or any building
375 permit issued until the Final Plan has been approved and signed by the
376 Planning Director.
377 (C) The Final Plan shall be reviewed by the Planning Director for
378 consistency with the approved master plan and by the Technical Review
379 Committee in the nature of subdivision preliminary plat approval.
380
3 81 (D) The Final Plan shall constitute the equivalent of preliminary Plan
382 approval under the New Hanover County Subdivision Ordinance. The
383 applicant shall not be required to submit a separate subdivision
384 application. Final plats for condominium and subdivision developments,
385 however, shall be submitted to County Planning staff in accordance with
386 the Subdivision Regulation requirements.
387
388
389
390 ACTION NEEDED:
391
392 Adopt a statement in accordance with NCGS 153A -341 which requires that "prior to
393 adopting or rejecting any zoning amendment, the governing board shall adopt a statement
394 describing whether the action is consistent with an adopted comprehensive plan and explaining
395 why the board considers the action taken to be reasonable and in the public interest."
396
397 EXAMPLE:
398
399 The County Commissioners find that this request for zoning text amendment is (or is not):
400 1. Consistent with the purposes and intent of the policies adopted in the 2006 Land Use
401 Plan; and
402 2. Reasonable and i the public interest to amend the requirements to establish a
403 Planned District by adding minor refinements and removing language that could be
404 potentially challenged in court.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 1, 2011
REGULAR
ITEM: 11
DEPARTMENT: PRESENTER(S): Chairman Barfield
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Appointment of Voting Delegate to the 2011 NCACC Annual Conference
BRIEF SUMMARY:
The 104th Annual Conference of the North Carolina Association of County Commissioners ( NCACC) will
be held in Concord (Cabarrus County), NC, August 18 -21, 2011. A voting delegate must be appointed and
submitted to NCACC by August 12, 2011.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Appoint delegate.
ATTACHMENTS:
NCACC 2011 Annual Conference Voting Delegate Form
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Appoint delegate.
COMMISSIONERS' ACTIONS:
Appointed Chairman Barfield 5 -0.
Board of Commissioners Meeting
08/01/2011
11 -0
N O R T H A'W A R O L I N A
s i
Designation of Voting Delegates
to NCACC Annual Conference
I, , hereby certify that I am the duly designated voting
delegate for
County at the 104 Annual Conference of the North
Carolina Association of County Commissioners to be held in Cabarrus County, N.C., on August 18 -21,
2011.
Article VI, Section 2 of our Constitution provides:
Signed:
Title:
"On all questions, including the election of officers, each county represented shall be entitled to one
vote, which shall be the majority expression of the delegates of that county. The vote of any county in
good standing may be cast by any one of its county commissioners who is present at the time the vote
is taken; provided, if no commissioner be present, such vote may be cast by another county official,
elected or appointed, who holds elective office or an appointed position in the county whose vote is
being cast and who is formally designated by the board of county commissioners. These provisions
shall likewise govern district meetings of the Association. A county in good standing is defined as one
which has paid the current year's dues."
Please return this form to Sheila Sammons by: Friday, August 12, 2011
NCACC
215 N. Dawson St.
Raleigh, NC 27603
Fax: (919) 733 -1065
sheila.sammons @ncacc.org
Board of Commissioners Meeting
08/01/2011
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