HomeMy WebLinkAboutAgenda 2007 11-05
AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
WilLIAM A. CASTER, CHAIRMAN. ROBERT G. GREER, VICE-CHAIRMAN
TED DAVIS, JR., COMMISSIONER. WilLIAM A. KOPP, JR., COMMISSIONER. NANCY H. PRITCHETT, COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER' WANDA COPLEY, COUNTY ATTORNEY' SHEILA SCHULT, CLERK TO THE BOARD
November 5, 2007 5:30 p.m.
MEETING CALLED TO ORDER (Chairman William A. Caster)
INVOCA TION (Rev. Patrick Hall, Pastor of Cape Fear Free Will Baptist Church)
PLEDGE OF ALLEGIANCE (Commissioner Ted Davis, Jr.)
APPROV AL OF CONSENT AGENDA
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
5:40 p.m. 1. Consideration of "Family Caregivers Month" Proclamation 27
5:45 p.m. 2. Consideration of "Adoption Awareness Month" Proclamation 29
5:50 p.m. 3. Presentation: New Hanover County Methamphetamine Protocol 31
6:05 p.m. 4. Presentation: Wilmington Regional Film Commission, Inc. 37
6: 15 p.m. 5. Consideration of a Pender/New Hanover County Interlocal Agreement 39
6:25 p.m. 6.1 Public Hearing 45
Special Use Permit (S-578, 9/07) - Request Ward & Smith, P A for GL T
Properties and Blacher Properties, LLC to Place a 130-Bed Nursing Home
Facility on 15.13 Acres in the R-15 Residential Zoning District at 611 Piner
Road and 5635 Wood Ridge Road in the Transition Land Classification
{Continued from October 1 Commissioners' Meeting}
6:55 p.m. 6.2 Public Hearing 63
Conditional Rezoning (Z-87l, 8/07) - Request by Watertree Properties NC,
LLC (Dean Satrape) to Conditionally Rezone Approximately 129 Acres
Located Along the Northeast Cape Fear River near Brentwood Drive in the
Conservation Land Classification from 1-2 Heavy Industrial District to
Conditional Use District CD(R-15) for Recreational Amenities Associated
with a Residential Subdivision
7: 15 p.m. 6.3 Public Hearing 75
Modify Special Use Permit (S-354, 9/93, 10/07) - Request by Wessell and
Raney, LLP to Expand an Existing Community Boating Facility by Four Slips
in an R-15 Residential Zoning District on Masonboro Sound for Windchase
Subdivision off Windchase Drive in the Conservation Land Classification
7:35 p.m. Break
1
7:45 p.m. 6.4 Public Hearing 95
Subdivision Text Amendment (A-367) - Request by the County's Technical
Review Committee (TRC) to Amend Section 4l-l(7)(f) of the Subdivision
Regulations Clarifying the Language on Street Connectivity
8:00 p.m. 6.5 Public Hearing 101
Text Amendment (A-352, 4/07) - Request by Staff to Amend Article VI,
Creating Section 69.18: Traffic Impact Review Process (This Item was
Remanded from the October Commissioners' Agenda for Additional
Concurrence)
8:20 p.m. 6.6 Public Hearing 111
Modify Conditional Rezoning (Z-838, 4/06, 4/07) - Request by Shanklin and
Nichols, P A for Mason Landing Yacht Club, LLC to Modify Existing
Conditional District in the Resource Protection Land Classification Located at
or near 2029 Turner Nursery Road to Add 7.69 Acres from R-20S Residential
District to the Existing CD(R-15) Conditional Residential District (Continued
from the May 7, 2007, June 4, 2007 and July 9, 2007 Commissioners Meetings
and Re-scheduled for Final Disposition in November 2007)
9:00 p.m. 6.7 Public Hearing 127
Public Hearing - 2007 North Carolina (NC) Small Cities Community
Development Block Grant (CDBG) Program - Scattered Site Housing Program
(SSHP) CDBG # 07-C-1667 and Adoption of Ordinance for Budget
Amendment 2008-49
9:10 p.m. 7. Consideration of a Resolution of Support for Funding Intersection 135
Improvements at Farley, Bavarian, College and N. Kerr Avenue
9: 15 p.m. 8. Consideration of a Resolution of Support for the Market Street Corridor 137
Overlay
9:20 p.m. 9. Consideration of Nomination to the Coastal Resources Commission 139
9:25 p.m. Break
9:35 p.m. 10. Meeting of the Water and Sewer District 147
10:05 p.m. 11. Non-Agenda Items (limit three minutes)
10:10p.m. 12. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
10:25 p.m. 13. Closed Session Pursuant to G.S. 143-318.11(5) to Instruct the Public Body's
Staff Concerning the Position to be Taken by or on Behalf of the Public Body
in Evaluating Possible Acquisition of Real Properties and in Negotiating the
Price and Material Terms for the Real Properties
10:55 p.m. ADJOURN
2
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
9:35 p.m. 1. Non-Agenda Items (limit three minutes)
9:40 p.m. 2. Approval of Minutes 149
9:45 p.m. 3. Consideration ofInterlocal Agreement, Holly Shelter Road School Utilities 151
9:55 p.m. 4. Consideration of Torchwood Boulevard Wastewater Force Main Improvements 163
and Adoption of Ordinance for Budget Amendment 2008-50
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.
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4
CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes 7
2. Approval of Board of Education Budget Amendment 9
3. Approval of Museum Deaccessions 13
4. Approval to Re-submit an Institute of Museum and Library Services 2008 15
Museums for America Grant Application
5. Adoption of Ordinances for Budget Amendments: 19
08-031 Department of Social Services
08-077 Juvenile Day Treatment/NHC Schools
08-080 Emergency Management
08-082 Sheriffs Office/Gang Task Force
2008-45 Commissioners
5
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6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Consent Item #: 1 Estimated Time: Page Number:
Department: Governing Body Presenter: Chairman Caster
Contact: Sheila L. Schult
Item Does Not Require Review
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Board of Equalization and Review meeting held on October 4, 2007
Board of Equalization and Review meeting held on October 10, 2007
Agenda Review meeting held on October 11, 2007
Regular Session meeting held on October 15, 2007
Board of Equalization and Review meeting held on October 23, 2007
Joint Session meeting with the City of Wilmington and Cape Fear Public Utility Authority held on
October 24, 2007
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes as presented.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
7
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8
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Consent Item #: 2 Estimated Time: Page Number:
Department: Budget Presenter: Cam Griffin
Contact: Cam Griffin
SUBJECT:
Board of Education Budget Amendment
BRIEF SUMMARY:
On October 1, 2007, the Board of Education approved a budget amendment appropriating $101,626,860.85 from FY06-07
Capital Projects to FY07-08 Capital Projects. A list of the projects impacted is included in the attached budget amendment.
No additional County funds are required.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Review and approve Board of Education Capital Outlay Budget Amendment #4.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
Board of Education Capital Outlay funds Budget Amendment #4
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
9
Budget Amendment
#4
New Hanover County Administrative Unit
Capital Outlay Fund
The New Hanover County Board of Education at a meeting on the 1 st day of October 2007,
passed the following resolution.
Be it resolved that the following amendments be made to the Budget Resolution for the fiscal year
ending June 30, 2008.
Code Number Description of Code Increase (Decrease)
Various See Attached $101,626,860.85
Revenue:
Various See Attached $101,626,860.85
Explanation: To record carryover of Capital Outlay Project balances from 2006-07
Total Appropriation in Current Budget $ 9,132,433.73
Amount of Increase/Decrease of above Amendment 101 ,626,860.85
Total Appropriation in Current Amended Budget $ 110,759,294.58
Passed ~ majority vote of the Board of Education of New Hanover County on the I JJ:: day of
{k. ,20JiL.
10
Capital Outlay Fund Amendment #4
To record carryover of Capital Outlay Project Balances from 2006-07:
PRC# Project # Project Description
74 Public School Capital Building Fund:
9115 Forest Hills Renovation 671,169.20
120 State Financed Purchase of School Buses
9300 School Bus Purchases funded by OPI 833,653.40
401 Local Capital Outlay Projects
9102 College Park Roof Replacement 8,102.03
9107 Anderson Elementary 76,573.36
9135 Murrayville Elementary School 1,254.49
9146 lake Forest Academy 67,803.09
9147 Chesterbrook Renovation 3,461.26
9148 Isaac Bear Hig School 67,767.28
9150 Minor Repairs/Renovations 78,748.83
9154 Trask Carpet Replacement 3,806.66
9155 Kitchen AC/Hood Upgrades 13,155.80
9158 Traffic Improvements 580,659.90
9160 Asbestos Abatement 6,986.50
9165 UST Removal & Remediation 28,025.58
9173 Hoggard Carpentry Building 136,897.50
9178 Structural Repairs 41,367.50
9179 HS Science Lab Upgrades 150,681.00
9180 Roland Grise Window Replacement 66,533.00
9182 Williston Auditorium 102,926.99
9183 Unforeseen Repairs 142.42
9185 Heating Contracts 13,068.00
9186 Heat Pump Replacement 250,752.28
9190 Pre-K Playground Equipment 30,900.00
9191 Holly Tree Chiller Replacement 7,777.60
9192 HV AC Projects 52,244.15
9193 Metal Shipping Container Replacements 1,066.64
9194 Hoggard Band Room 4,770.17
9195 HV AC Projects 73,943.58
9196 Parsley EC Upgrades 15,000.00
9197 Snipes School of Arts & Design 388,833.93
9201 Furniture & Equipment 64,779.78
9202 Computer Replacements 24,744.46
9203 Computer lab Upgrades 3,366.29
9204 Computer Replacements 3,010.77
9206 UPS Replacement 1,406.08
9207 Anderson Furniture & Equipment 27,080.17
9208 Network & Internet Wiring 3,622.10
9215 Computer Equipment 912.14
9246 lake Forest Academy - Furniture & Equipment 440.15
9247 Chesterbrook Renovation - Furniture & Equipment 16,852.07
9248 Isaac Bear - Furntiure & Equipment 40,507.17
Capital Outlay - Page #1
11
Capital Outlay Fund Amendment #4
To record carryover of Capital Outlay Project Balances from 2006-07:
PRC# Project # Project Description
9287 Mobile Unit Replacement Furniture 1,053.92
9296 Furniture & Equipment 296.94
9297 Sunset Park Renovations - Furniture 80,000.00
9301 Purchase of Vehicles 263,781.93
2,805,103.51
483 1997 Bond Program
9235 Murrayville Elementary School - Furniture & Equipment 744.84
820 2006 Bond Program
9110 land Acquisition & Site Infrastructure 7,036,116.53
9111 Elementary School E 12,705,470.50
9112 Middle School BB 21,184,504.25
9113 Ogden Building Replacement 1,325,029.90
9114 Carolina Beach Renovation 530,911.02
9115 Forest Hills Renovation 8,335,610.30
9116 Winter Park Renovation 5,661,495.55
9117 Snipes Renovation 8,718,010.79
9118 Wrightsboro Renovation 3,645,873.79
9119 Gregory Renovation 9,153,745.00
9120 Sunset Park Renovation 5,061,119.96
9123 Spencer Complex Roof Replacement 650,000.00
9129 Bond Program Management 1,896,461.14
9211 Elem School E Furniture & Equipment 1,122,679.00
9212 Middle School BB Furniture & Equipment 1,791,696.00
9213 Ogden Furnture & Equipment 189,424.22
9214 Carolina Beach Furniture & Equipment 146,088.89
9215 Forest Hills Furniture & Equipment 792,996.45
9216 Winter Park Furniture & Equipment 597,311.00
9217 Snipes Furniture & Equipment 658,266.00
9218 Wrighsboro Furniture & Equipment 379,575.76
9219 Gregory Furniture & Equipment 729,311.00
9220 Sunset Park Furniture & Equipment 473,148.00
9228 Techology Projects 3,401,235.38
9229 Program Management Furnture & Equipment 4,276.47
9900 Unbudgeted Contingency 1,125,833.00
97,316,189.90
Total Capital Outlay Carryover 101,626,860.85
Revenue Codes:
4.3340.074.000 Public School Capital Bl,lilding Fund (671,169.20)
4.4390.120.000 State Financed Purchase of School Buses (833,653.40)
4.4910.000.000 Fund Balance Appropriation (2,805,103.51 )
4.4810.483.000 1997 Bond Program (744.84)
4.4810.820.000 2006 Bond Program (97,316,189.90)
. (101,626,860.85)
Capital Outlay - Page #2
12
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Consent Item #: 3 Estimated Time: Page Number:
Department: Museum Presenter: Ruth Haas
Contact: Ruth Haas
SUBJECT:
Museum Deaccessions
BRIEF SUMMARY:
Museum staff continues to review and manage the permanent collection by identifying objects that should be culled from
the collection because they have no relevant provenance, are in very poor condition, or duplicate better examples that
should be preserved for exhibit. This process is a recommended step in effective collections management. The items
recommended for deaccession have all been reviewed by the Curator, Director, Collections Committee, and Museum
Advisory Board.
Items on the current list for consideration are all natural history objects. A primary motivation for choosing these items to
deaccession is that each will have a much greater impact on education if they are transferred to the demonstration
collection where students will have the opportunity to handle the objects and study them in greater detail. The disposition
recommendation for all items is to transfer to the demonstration collection. Should staff determine that any of these items
should not be retained for whatever reason, they would be sent for auction.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept the recommendations of the Museum Advisory Board to deaccession the attached list of items from the Museum's
Permanent Collection.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
........
... -
7 10 Ust.dQS
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
13
Objects for Deaccession LIST October 2007
ACC.# OBJECT, DATE, DONOR, ISSUE RECOMMEND
1971.79.1 Ballast stone, nd; Brian Sondergaar, donor?; no 1) Demo CoIl
Contract of Gift; undocumented; have local 2) Auction
example
1973.20.1 &.2 Petrified wood, nd; E. A. Cochran, donor; 1) Demo ColI
undocumented 2) Auction
1977.39.1 Petrified hickory wood, nd; Jim Kraus, donor; 1) Demo ColI
Prince George Creek, Castle Hayne; not needed 2) Auction
for display
1981.99.1 Bird house w/ nest & eggs, nd; Jack Bowman, 1) Demo ColI
donor; made & used in Wilm.; not needed for 2) Auction
display, lid & eggs missing
1992.49.1 Silt stone, nd; H. Falkowski, donor; found at Ft. 1) Demo ColI
Fisher; not needed for display 2) Auction
1993.3.1 Fossilized oyster, nd; Norm Melton, donor; found 1) Demo ColI
in northern NH Co; not needed for display 2) Auction
1995.32.8,.9 & Snake skins, nd; purchased for Discovery 1) Demo ColI
.10 Gallerv; no longer needed for DG 2) Auction
1995.72.5, 7, 8, Fossils & minerals, nd. Norm Melton, donor; not 1) Demo ColI
16,23,24 needed for display 2) Auction
1996.1.1 09 Whale baleen, nd; Dave Webster, UNCW; 1) Demo ColI
washed ashore at Wrightsville Beach; not need 2) Auction
for display
1996.1.110 Porpoise skull, nd; Found in Storage; 1) Demo ColI
undocumented; can get better examples for 2) Auction
display
1996.1.111a/b Coral on wood, nd.; Found in Storage; not needed 1) Demo ColI
for display 2) Auction
1996.1.114 Fossilized internal mold, nd. Found in Storage; 1) Demo ColI
not needed for display 2) Auction
1
14
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Consent Item #: 4 Estimated Time: Page Number:
Department: Museum Presenter: Ruth Haas
Contact: Ruth Haas
SUBJECT:
Approval to Re-submit an Institute of Museum and Library Services 2008 Museums for America Grant Application
BRIEF SUMMARY:
Cape Fear Museum proposes to re-submit a grant application for the 2008 Museums for America program sponsored by the
Institute of Museum and Library Services for $150,000 which would be matched by an equal value of in-kind staff salaries
and the normal amount of money budgeted for implementation of new long-term exhibits. This is part of the larger project
which continues upgrades and replacement of the early years of the long-term Waves & Currents exhibits, now re-named
Cape Fear Stories. This is the second phase of the Exhibit Design Master Plan and is made more critical because of the
damages to the 1992 exhibits during the fall 2005 storms.
Grant project funds are requested to obtain contracted services to design, develop, and fabricate new exhibit elements to
convey the Cape Fear story from pre-history and the indigenous population through the end of the American Revolution.
Recent research allows us to present the region's colonial history with reference to the pervasive impact of an economy and
social system defined by the long leaf pine forest and water transportation routes. This is an exciting opportunity to create a
significant experience that will continue to keep New Hanover County's history and science museum as a premier attraction
in southeastern North Carolina.
If awarded, the grant money would be spread over two fiscal years n FY2009 and FY2010 n with the exhibit opening winter
2010. Based on previous design work, ongoing research, and planning, the project will be completed within the proposed
budget and timeline. Positive feedback and recommendations for improving the request as a result of the initial submission
for the 2007 cycle, encourage us to resubmit the grant application for this program, since it will significantly enhance our
capacity to produce a high quality exhibit.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve submission of a 2008 Museums for American Grant application to the Institute of Museum and Library Services.
Request acceptance of the grant, if awarded. Appropriate budget amendments will be submitted for approval, if awarded.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
71020 Pi~e Fore$! Budgel.& Plann!ng ~jHC 5. IMLS;.:J$
15
REVIEWED BY:
LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
16
Long Leaf Pi Ile -Forest .. ..
. Funding Actual Cost Projected
Income Cost
"i})
FY07 'EYi
'Y' 1,0.0.0.
Services
~- .-- .
Apply for NCHC Grant for series of Conversations on
Jul-Aug pre-colonial through Revolution 13,0.0.0. _$6,50.0.
Jan-Dec, Research @ $19.81 + 30% x 400 _10.20.0. -.
Jul-Dec De~eiOp model evaluation w/-Randl-KQrn 5,0.0.0. ,
----
15-Nov Submit IMLS - Museums for America Grant $150.,0.0.0.'
FY06 30 ,0.0.0.
..
FYOB '}i);/"H)'W;i"')!'
NHC Budget <1:1<;n nnn
Advisory
Spring v."". ..an" '1:7" 000
Design (spring), prototype (summer) & evaluate (fall) <1:?n ono
Mar-Nov selected interpretation and minimum 4 new
Select / acquire / prepare artifacts for exhibit; conduct I
Jan-Dec pre-formative evaluations WI "X'''llIIY casework
& CFMA. Inc. requests 50 ",qQQ ....
FYOg ",>"
NHC Budget.__ $1<;n nnn
Install Pine Forest environment. cases, interactives
F alllWinter revised as indicated
__Winter/Spring Open Exhibit
536500
IUAlIMiIIIIJllll~II~_ ..... rill!!!!!II!!!j'!l!I!I!I;!!! ....
iijiiiiilii
iN''''
.;; ~5,1 I()()
---_..~
Pine :6,; 10.0 36,0.0.0.
Interactive components inc. ambient sound, SoundSlik 150.,0.0.0.
listening stations, 10.0.,0.0.0.
Vignettes (3) 69,50.0.
Casework 49,0.0.0.
Graphics 20.,0.0.0.'-- --
Mounts & labels _~...._..n_~._....._..._+ _~__
5,OQQ!
for evaluation 4,QQDi
..- f--. -..--
Evaluation 2/hQQD _ . ~1~
386,500 150000
Staff In-kind 10.0.,0.0.0.
- --- --
Promotion 50.,0.0.0.1
;..
PROJECT ESTIMATED COST I 536,500;
10./26/20.0.7
17
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18
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Consent Item #: 5 Estimated Time: Page Number:
Department: Budget Presenter: Cam Griffin
Contact: Cam Griffin
SUBJECT:
Adoption of Ordinances for Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2008:
08-031 - Department of Social Services
08-077 - Juvenile Day TreatmentlNHC Schools
08-080 - Emergency Management
08-082 - Sheriff's Office/Gang Task Force
2008-45 - Commissioners
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of ordinances for the budget amendments listed in the summary above.
FUNDING SOURCE:
Will above action result in: New Position(s) Number of Positions: 1
Explanation: To amend the annual budget ordinance for the fiscal year ending June 30, 2008.
ATTACHMENTS:
~ ~ ~ ~ ~
08-031 10-23-07.doc 08-077 , 0-23-07.doc 08-080 lO-23-07.doc 08-082' 0-23-07.doc 2008-45' 0-' 6-07.doc
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-0.
19
AGENDA: November 5, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-031
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-031 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Social Services
Exnenditure: Decrease Increase
DSS - Administration:
Salaries $47,596
DSS - Work First Demo Grant - TANF:
Contracted Services $17,000
Employee Reimbursement 500
Client Transportation 3,624
Training and Travel 3,266
Total $47,596 $24,390
Revenue: Decrease Increase
DSS - Work First Demo Grant - TANF:
TANF Work First Demo $23,206
Total $23,206
Section 2: Explanation
To reduce Work First Demo Grant Adopted Budget estimated at $523,206 to grant award of $500,000.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-031 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
20
AGENDA: November 5, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-077
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-077 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Juvenile Day Treatment/NHC Schools
Exnenditure: Decrease Increase
M & R Building and Grounds $2,050
Total $2,050
Revenue: Decrease Increase
Cape F ear Garden Club Grant $2,050
Total $2,050
Section 2: Explanation
To budget grant funds received from the Cape Fear Garden Club to complete landscaping on the right side
of the Juvenile Day Treatment Center building.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-077 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
21
AGENDA: November 5, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-080
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-080 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Emergency Management
Exnenditure: Decrease Increase
Emergency Management:
Contracted Services $9,389
Total $9,389
Revenue: Decrease Increase
Emergency Management:
Crime Control and Public Safety Grant $9,389
Total $9,389
Section 2: Explanation
To budget supplemental funding received from the NC Department of Crime Control and Public Safety
Grant. Funds will be used to develop and maintain a comprehensive emergency management program.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-080 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
22
AGENDA: November 5, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-082
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-082 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriff/Gane: Task Force
Exvenditure: Decrease Increase
Sheriff/Gang Task Force:
Contingencies $10,411
Salaries and Wages $33,832
Social Security Taxes 2,589
Long Term Disability 95
Uniforms - Purchase 245
Supplies 500
Cellular Expense 1,000
Supplies - Computer and Other 3,500
Medical Insurance Expense 8,820
Retirement - Local Government 1,591
Total $10,411 $52,172
Revenue: Decrease Increase
Sheriff/Gang Task Force:
Governor's Crime Commission Grant $41,761
Total $41,761
Section 2: Explanation
A Governor's Crime Commission Grant has been awarded to the Sheriff's Office in the amount of
$41,760.15. This is a Proj ect Safe Neighborhood Grant that supports new and expanded anti -gang
prevention and enforcement efforts. The grant is for one year and will be used to support one new position
(Community Resource Coordinator Case Manager).
The Board of Commissioners granted approval to apply for the grant at its 6/18/07 meeting. There is no
match requirement. The grant award does not fund County cost for medical insurance and Local
Government Retirement. The Board approved Contingency funds to be used for these costs.
At the end of the grant term (one year), the expanded portion of the Gang Task Force would be evaluated to
determine if it should be recommended for continuation based on outcomes as outlined in the grant.
With approval of this budget amendment, the amount available in Contingency will be $412,589.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-082 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
23
AGENDA: November 5, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-45
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 2008-45 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Commissioners
Revenue: Decrease Increase
Appropriated Fund Balance $13,678
Transfers in From Capital Proiects (Fund 398) $13,678
Total $13,678 $13,678
Fund: Government Center Capital Project
Department:
Exvenditure: Decrease Increase
Capital Proiect Expense $13,678
Transfers to General Fund $13,678
Total $13,678 $13,678
Section 2: Explanation
This budget amendment will close the Government Center Capital Project (Fund 398) and transfer
the remaining equity of $13,677.46 back to the General Fund.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 2008-45 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
24
REGULAR AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
5:40 p.m. 1. Consideration of "Family Caregivers Month" Proclamation 27
5:45 p.m. 2. Consideration of "Adoption Awareness Month" Proclamation 29
5:50 p.m. 3. Presentation: New Hanover County Methamphetamine Protocol 31
6:05 p.m. 4. Presentation: Wilmington Regional Film Commission, Inc. 37
6: 15 p.m. 5. Consideration of a Pender/New Hanover County Interlocal Agreement 39
6:25 p.m. 6.1 Public Hearing 45
Special Use Permit (S-578, 9/07) - Request Ward & Smith, P A for GL T
Properties and Blacher Properties, LLC to Place a 130-Bed Nursing Home
Facility on 15.13 Acres in the R-15 Residential Zoning District at 611 Piner
Road and 5635 Wood Ridge Road in the Transition Land Classification
(Continued from October 1 Commissioners' Meeting)
6:55 p.m. 6.2 Public Hearing 66
Conditional Rezoning (Z-87l, 8/07) - Request by Watertree Properties NC,
LLC (Dean Satrape) to Conditionally Rezone Approximately 129 Acres
Located Along the Northeast Cape Fear River near Brentwood Drive in the
Conservation Land Classification from 1-2 Heavy Industrial District to
Conditional Use District CD(R-15) for Recreational Amenities Associated
with a Residential Subdivision
7: 15 p.m. 6.3 Public Hearing 75
Modify Special Use Permit (S-354, 9/93, 10/07) - Request by Wessell and
Raney, LLP to Expand an Existing Community Boating Facility by Four Slips
in an R-15 Residential Zoning District on Masonboro Sound for Windchase
Subdivision off Windchase Drive in the Conservation Land Classification
7:35 p.m. Break
7:45 p.m. 6.4 Public Hearing 95
Subdivision Text Amendment (A-367) - Request by the County's Technical
Review Committee (TRC) to Amend Section 4l-l(7)(f) of the Subdivision
Regulations Clarifying the Language on Street Connectivity
8:00 p.m. 6.5 Public Hearing 101
Text Amendment (A-352, 4/07) - Request by Staff to Amend Article VI,
Creating Section 69.18: Traffic Impact Review Process (This Item was
Remanded from the October Commissioners' Agenda for Additional
Concurrence)
25
8:20 p.m. 6.6 Public Hearing 111
Modify Conditional Rezoning (Z-838, 4/06, 4/07) - Request by Shanklin and
Nichols, P A for Mason Landing Yacht Club, LLC to Modify Existing
Conditional District in the Resource Protection Land Classification Located at
or near 2029 Turner Nursery Road to Add 7.69 Acres from R-20S Residential
District to the Existing CD(R-15) Conditional Residential District (Continued
from the May 7, 2007, June 4, 2007 and July 9, 2007 Commissioners Meetings
and Re-scheduled for Final Disposition in November 2007)
9:00 p.m. 6.7 Public Hearing 127
Public Hearing - 2007 North Carolina (NC) Small Cities Community
Development Block Grant (CDBG) Program - Scattered Site Housing Program
(SSHP) CDBG # 07-C-1667 and Adoption of Ordinance for Budget
Amendment 2008-49
9:10 p.m. 7. Consideration of a Resolution of Support for Funding Intersection 135
Improvements at Farley, Bavarian, College and N. Kerr Avenue
9: 15 p.m. 8. Consideration of a Resolution of Support for the Market Street Corridor 137
Overlay
9:20 p.m. 9. Consideration of Nomination to the Coastal Resources Commission 139
9:25 p.m. Break 147
9:35 p.m. 10. Meeting of the Water and Sewer District
10:05 p.m. 11. Non-Agenda Items (limit three minutes)
10:10p.m. 12. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
10:25 p.m. 13. Closed Session Pursuant to G.S. 143-318.11(5) to Instruct the Public Body's
Staff Concerning the Position to be Taken by or on Behalf of the Public Body
in Evaluating Possible Acquisition of Real Properties and in Negotiating the
Price and Material Terms for the Real Properties
10:55 p.m. ADJOURN
26
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Regular Item #: 1 Estimated Time: Page Number:
Department: County Manager Presenters: Holly Henderson and Gayle Ginsberg
Contact: Bruce Shell
Item Does Not Require Review
SUBJECT:
Consideration of "Family Caregivers Month" Proclamation
BRIEF SUMMARY:
The New Hanover County Board of Commissioners are asked to join the state and Nation in declaring November as
"Family Caregivers Month". In so doing, the Board of County Commissioners will recognize the plight of the many
residents who are caring for loved ones at home. As the Caregiver Resource Specialist with the Cape Fear Council of
Governments Area Agency on Aging, Holly Herderson speaks daily to the caregivers residing in New Hanover County. The
New Hanover County Department of Aging has partnered with them to host an event on November 8th to honor area
caregivers. Gayle Ginsberg with the Department of Aging is present today to support the adoption of this proclamation.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
.......,
-.- .
Famit:.' Careg:ve['; Month.doc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
27
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
FAMILY CAREGIVERS MONTH
PROCLAMA nON
WHEREAS, the State of North Carolina is joining the Nation in declaring
November as Family Caregivers Month 2007 to honor and support the tremendous
contributions family caregivers make every day and to spotlight the fact that most people
who need care rely on family and friends for their support; and
WHEREAS, according to the North Carolina Department of Health and Human
Services, almost one in two adult North Carolinians are caring for someone with a
memory disorder, and more than one in four are caring for a person over age 60, and the
number of people age 70 and above who need assistance with activity limitations is
expected to grow substantially during the next decades; and
WHEREAS, North Carolina's caregivers are diverse in their characteristics and
circumstances but share the common goal of enabling their family member or friend to
stay functioning in the community whenever possible and should be able to enter into
care giving with the knowledge and assurance that they can call upon the business, faith,
and health and human service communities to assist with information, counseling, respite,
and formal services when needed; and
WHEREAS, many businesses are realizing the value in providing support to
employees who are family caregivers because family care giving often comes with great
personal sacrifice in terms of job and financial security, social life, and physical, mental
and emotional health; and
WHEREAS, the North Carolina Division of Aging and Adult Services, the Area
Agencies on Aging, and many other human service agencies are committed to increasing
the awareness of caregivers' needs and continue to work to meet these needs.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County
Board of Commissioners that November 2007 be recognized as "FAMILY
CAREGIVERS MONTH" in New Hanover County and that our citizens are urged to
acknowledge and support family, friends, and neighbors who are helping our older and
disabled citizens. Support of family caregivers is not only the right thing to do but also an
essential investment for the future of North Carolina's long-term care system.
ADOPTED the 5th day of November 2007.
A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
-.-...._-~.----_.-
28
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Regular Item #: 2 Estimated Time: Page Number:
Department: DSS Presenters: LaVaughn Nesmith, Wanda Marino
Contact: Wanda Marino
SUBJECT:
Consideration of "Adoption Awareness Month" Proclamation
BRIEF SUMMARY:
November is Adoption Awareness Month. A proclamation is attached for your review and approval.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
........
-.- .
proslamolion of adoption month 2{N}7.dos
REVIEWED BY:
LEGAL: Approve FINANCE: N/A BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
29
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ADOPTION AWARENESS MONTH
PROCLAMATION
WHEREAS, every child deserves the chance to grow up in a loving, stable
family, and adoption is a beautiful way to build a family; and
WHEREAS, adoption is the goal for many special needs children in foster care;
and
WHEREAS, some special needs children are teenagers, and some have physical,
emotional and behavioral challenges. They are children of all races. Many have been
neglected, abandoned, abused and/or exposed to drugs and alcohol. Others are brothers
and sisters who want to grow up together. They need our care and they need security;
and
WHEREAS, there are over 50 children in New Hanover County waiting for
adoptive families and many other children are in the legal process of being cleared for
adoption; and
WHEREAS, many children find permanent homes through adoption by their
foster families, thereby creating an ongoing need for new foster and adoptive families.
NOW, THEREFORE BE IT PROCLAIMED by the New Hanover County
Board of Commissioners that November 2007 be recognized as "ADOPTION
AWARENESS MONTH" in New Hanover County and thanks all adoptive mothers and
adoptive fathers for their commitment to children. Furthermore, we encourage our
community to honor the special needs of New Hanover County's children in hopes of
securing a permanent, loving family for each and every child regardless of race, age,
gender, health, emotional or behavioral condition or past distress.
ADOPTED the 5th day of November 2007.
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
30
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Regular Item #: 3 Estimated Time: Page Number:
Department: DSS Presenter: Wanda Marino, Lt. Lachlan MacNeish
Contact: Commissioner Pritchett, Wanda Marino
SUBJECT:
New Hanover County Methamphetamine Protocol
BRIEF SUMMARY:
In 2005 the NC Attorney General mandated that all counties develop an individual response plan to include strategic
initiatives to reduce the use and addiction of methamphetamine. An update of New Hanover County's adopted plan and
current statistics will be provided.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
.......,
-.- .
M ETH Proloso! 1 Hi1-3-7.dos
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Hear presentation.
COMMISSIONERS' ACTIONS/COMMENTS:
Heard presentation.
(revised)
31
NEW HANOVER COUNTY METHAMPHETAMINE PROTOCOL
Strategic Plan
In an effort to combat the growing crisis of methamphetamine use and addiction in New Hanover County, the New
Hanover County Methamphetamine Task Force has developed a plan that includes several strategic initiatives. These
initiatives are Public Awareness, Training, and a Response Plan.
Public Awareness - Public services announcements will be produced by local media to promote awareness of the dangers
of both methamphetamine use and manufacturing. A flyer sharing some tips for recognizing methamphetamine use, the
existence of methamphetamine manufacturing labs and resulting circumstances of use has been prepared. With the intent
being to reach a number of people quickly and effectively, the flyer will be distributed throughout all school systems in
New Hanover County. It will include telephone numbers for help and information on training and public awareness
initiatives.
Training - Training Initiatives will be completed annually to bring individuals up to date on this public health hazard.
Specific trainings will be undertaken for emergency responders, public and private sector employees who find their jobs
bring them into dangerous home environments and every person interested in making presentations to civic groups, public
meetings, etc.
Response Plan - This response plan primarily focuses on children found in Methamphetamine labs and sets forth
protoco Is for the proper and safe care of those children.
Protocol
Protocol A: Scene Assessment and Notification
Recognize, vacate, and notity law enforcement by calling 911.
. Go to a safe place to call 911; advise if children involved.
. Follow agency protocol for notification of supervisor.
. Do not remove any items from the residence.
Protocol B: Field Medical Assessment
STEPS:
I) Emergency Medical TechnicianslParamedics will be familiar with the signs and symptoms of child abuse and
neglect. For children with obvious injury or illness, Emergency Medical Technicians/Paramedics will begin
treatment according to established protocols and transport to the most appropriate hospital. DSS social
workers will also proceed to the hospital to facilitate the child's care.
2) For children who are not obviously injured or ill, perform a basic assessment consisting of:
. Vital signs (temperature, blood pressure, pulse, and respirations); and,
. Assessment for heat and chemical bums, and contaminated clothing.
3) EMS will transport the child to the most appropriate hospital for initial assessment.
Protocol C: Emergency Department Medical Care
The purpose of the Emergency Department evaluation is to address problems requiring care, and to conduct the baseline
exam. Immediate care must be provided.
STEPS:
1) The Emergency Department will administer the following tests and procedures:
. Vital signs and oxygen saturation
. Obtain a complete history
Page 1 of 5 (revised)
32
. Signs and symptoms of abuse
. Developmental screening
. Neurological screening
. Respiratory screening
. AST,ALT, Alkaline Phosphatase, Total Bilirubin
. BUN, Creatinine
. Sodium, Potassium, Chloride, Bicarbonate
. CBC
. Serum Glocuse
. Pulmonary function test
2) A urine and serum drug screen is required for legal purposes. It must be collected from each child within twelve
hours of identification because some chemicals/drugs are eliminated in a short time.
3) When reasonably prudent, the designated law enforcement officer on the scene will contact Emergency
Department staff notifying them of chemicals and hazards located at the scene, to determine appropriate urine or
serum drug screens needed.
4) Secure the release of the child's medical records to the Department of Social Services (DSS) to ensure continuity
of care.
S) DSS will evaluate placement options and implement short-term shelter for the child.
6) The child will be released to DSS/guardian/parent or will be admitted for observation.
Protocol D: On-going Follow-up
Children found at Methamphetamine Lab Sites should be considered "at risk." All children ages birth to 18 years, who
are found in this environment, will have follow-up assessments at 30 days and 12 months. This evaluation and follow-up
are intended to assure attention to possible sequela of toxic exposure, as well as to identify and treat other health and
welfare concerns. The Carousel Center will provide follow-up assessments to all children. They will plan appropriate
care based on clinical findings, and use this protocol as a resource.
STEPS:
1) DSS will contact The Carousel Center and request follow up appointments for all children who were living in
direct contact with a methamphetamine lab. These children will require long term follow-up with re-checks at 30
days and one year.
2) All the child's basic necessities will be replaced to protect from repeated contamination.
3) The child will be referred for counseling services. Determination of what other services are needed will be made
on a case-by-case basis.
4) The primary caregivers will be required to complete a Substance Abuse Evaluation and follow all
recommendations resulting from this evaluation.
S) Primary caregivers must agree to take part in drug screens, at the request of DSS or at the request of the substance
abuse treatment provider, at approved locations.
6) Children will be referred for a developmental evaluation.
Children with Limited Exposure
It is possible that some children may have had limited exposure either by living in proximity to a clandestine lab, such as
in a multi-unit dwelling, or by having been a casual visitor. Parents of these children are encouraged to seek care from
their medical provider to discuss the potential risk and need for evaluation. In instances of limited exposure, evaluation
may be scheduled on a routine basis if the individual is asymptomatic.
Page 2 of 5 (revised)
33
Otber Individuals witb Potential Risk
This protocol is designed with the specific intent of caring for children found at the time of methamphetamine lab seizure.
Others at risk, especially pregnant women and first responders, should consult with their medical provider regarding any
symptoms or the need for ongoing evaluation.
ALL AGENCIES ARE REQUIRED TO ESTABLISH AND IMPLEMENT A METHAMPHETAMINE
RESPONSE PLAN FOR THEIR SPECIFIC AGENCY AND STAFF.
Metbampbetamine Lab Response Team Members
Name Agency
Lt. Lachlan MacNeish New Hanover County Sheriffs Office
Emergency Response Team
Sgt. Tommy Grady
Detective Stewart Newton Wilmington Police Department
Teresa Fountain Wrightsville Beach Police Department
Chief William Younginer Carolina Beach Police Department
Tom Stich Sr. Environmental Health Program Specialist
New Hanover County Health Department
Wanda Marino Assistant Director
New Hanover County DSS
David Hines Battalion Chief
Wilmington Fire Department
Battalion Chief Emergency Medical Services
Cliff Robinson Deputy Chief, NHC Fire Department
Donnie Hall Chief, NHC Fire Department
Warren Lee Director, NHC Emergency Management
Wayne Pearce
John Hubbard Director
Department of Environmental Management
010/17/07
Page 3 of 5 (revised)
34
Members at Larl!e
Stacey Aragon NHRMC Emergency Department
Tom Old District Attorney's Office
Jennifer Kruckeberg
Lisa Burriss NHC School System
NHC School Board
Robert Speight Department of Juvenile Justice
Dr. Sonja Brown The Carousel Center
Pamela Morrison Coastal Horizons Center
Kenny House Coastal Horizons Center
Karin McKinnon Child Advocacy
Diana Woolley Community Child Protection Team
10/17/07
Page 4 of 5 (revised)
35
To be Notified if Confirmation of a Lab is Established
David Rice New Hanover County Health Department
Janet McCumbee New Hanover County Health Department
LaVaughn Nesmith New Hanover County DSS
Dr. Art Costantini Southeastern Mental Health
Liz Kachris-Jones Guardian-ad-litem
Nancy Pritchett County Commissioner
10/17/07
Page 5 of 5 (revised)
36
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Regular Item #: 4 Estimated Time: Page Number:
Department: County Manager Presenters: George Rountree, III and Johnny Griffin
Contact: Bruce Shell
Item Does Not Require Review
SUBJECT:
Presentation: Wilmington Regional Film Commission, Inc.
BRIEF SUMMARY:
George Rountree, III, Chairman of the Board of the Wilmington Regional Film Commission, Inc., and Johnny Griffin,
Director, wish to update the Commissioners on the state and success of the film industry in Wilmington.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Hear presentation.
COMMISSIONERS' ACTIONS/COMMENTS:
Heard presentation.
37
This page intentionally left blank.
38
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Regular Item #: 5 Estimated Time: Page Number:
Department: County Manager Presenter: Bruce T. Shell
Contact: Bruce T. Shell
SUBJECT:
Consideration of a Pender/New Hanover County Interlocal Agreement
BRIEF SUMMARY:
On October 15, 2007 the New Hanover County Board of Commissioners voted to partner with Pender County in the
construction of a wastewater treatment plant and the purchase of potable water for the 421 corridor. This joint effort will
utilize Pender County land and a discharge permit owned by New Hanover County.
The attached Interlocal Agreement provides the framework for this project to move forward. Engineering firm, McKim &
Creed, is conducting an environmental assessment as well as an engineering alternatives analysis.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the Interlocal Agreement.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
{uS} D238ItHERLOc.:".L .;".GREEr\1ENT with PEN DER CO UNIT ~.2J.dQS
REVIEWED BY:
LEGAL: FINANCE: BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Commissioner Davis was recused 4-0. Approved 4-0.
(revised)
39
This page intentionally left blank.
40
NEW HANOVER COUNTY CONTRACT # 08-0238
NORTH CAROLINA
INTERLOCAL AGREEMENT
NEW HANOVER COUNTY
This Interlocal Agreement, dated as ofthe _ day of November 2007, is made between
New Hanover County and Pender County, both of which are political subdivisions of the
State of North Carolina.
WITNESSETH:
WHEREAS, the expanding regional economy has given New Hanover County and
Pender County an opportunity to develop the u.S. 421 North area as a major industrial
corridor supplemented with residential development; and
WHEREAS, sewer and water infrastructure is needed to support this growth; and
WHEREAS, New Hanover County has a National Pollutant Discharge Elimination
System (NPDES) sewer discharge permit for 4.0 million gallons per day which expires in
November 2011; and
WHEREAS, Pender County and New Hanover County intend to construct a wastewater
treatment plant in phases, eventually reaching 4.0 MGD; and
WHEREAS, Pender County intends to construct a 2 MGD Potable Water Treatment
Plant at the site known as the former BASF property, of which New Hanover County will
be a customer for a minimum of 0.3 MGD; and
WHEREAS, through the construction and co-location of both plants on the business
industrial park site, both entities can fill an infrastructure need and together realize a
significant cost savings; and
WHEREAS, Pender and New Hanover Counties have enjoyed a cooperative and
harmonious relationship on other projects, such as the provision of sewer to Pender
County; and
WHEREAS, both counties recognize the value of partnering to provide a regional
solution to create infrastructure along the U.S. 421 Corridor in both Pender and New
Hanover for the benefit of both counties; and
WHEREAS, on October 15,2007, the Boards of Commissioners of New Hanover
County and Pender County unanimously resolved to initiate and equally share in the cost
of an engineering alternatives analysis and environmental assessment for the wastewater
treatment plant to determine the best course of action for the delivery of sewer to the U.S.
421 Industrial Corridor in both counties for their mutual benefit.
(revised)
_._~.-
41
NEW HANOVER COUNTY CONTRACT # 08-0238
NOW THEREFORE, in consideration of the foregoing premise and the representations,
warranties, covenants and agreements contained herein, Pender County and New
Hanover County agree as follows:
1) Pender County will contract with McKim and Creed Engineering to perform an
Engineering Alternatives Analysis (AEA) and an Environmental Assessment
(EA) for the proposed U.S. 421 Wastewater Treatment Plant (Plant) to serve the
U.S. 421 industrial corridor in both counties for mutual benefit.
2) The total cost of the AGA and EA will be shared equally between Pender and
New Hanover Counties and will not exceed $225,000.
3) The scope of work of the contract will be approved by the County Managers for
Pender and New Hanover Counties.
4) Pender County will manage and administer the contract with McKim and Creed.
5) Pender and New Hanover officials will meet at least once a month to discuss the
progress of the contract work and to consider further action.
6) At milestones in the contract work schedule (to be proposed by McKim and Creed
and approved by the County Managers for Pender and New Hanover Counties),
Pender County will invoice New Hanover County for one-half of the work. New
Hanover County will pay the invoice within 30 days.
7) This agreement may be amended or terminated at any time upon mutual consent
of both counties. Upon termination, both counties will share equally, unless
otherwise mutually agreed, in any remaining costs owed to McKim and Creed.
8) This agreement may be assigned by New Hanover County to the New Hanover
County Water and Sewer District and/or Cape Fear Public Utility Authority.
IN WITNESS WHEREOF, Pender County and New Hanover County have caused this
agreement to be executed in their names by their duly authorized officers as of the date
first above written.
NEW HANOVER COUNTY
(SEAL)
Bruce Shell, County Manager
ATTEST:
Clerk to the Board
(revised)
._~_..__..
42
NEW HANOVER COUNTY CONTRACT # 08-0238
This instrument has been pre-
audited in the manner required
by the Local Government Budget
and Fiscal Control Act. Approved as to form:
New Hanover County Finance Director New Hanover County Attorney
PENDER COUNTY
(SEAL)
Lori Brill, County Manager
ATTEST:
Clerk to the Board
This instrument has been pre-
audited in the manner required
by the Local Government Budget
and Fiscal Control Act. Approved as to form:
County Finance Director Pender County Attorney
(revised)
43
NEW HANOVER COUNTY CONTRACT # 08-0238
NORTH CAROLINA
NEW HANOVER COUNTY
I, , a Notary Public of the State and County
aforesaid, certify that personally came before me this day and
acknowledged that she is Clerk to the Board of Commissioners of New Hanover County,
and that by authority duly given and as the act of the Board of Commissioners, the
foregoing instrument was signed in its name by its County Manager, sealed with its
corporate seal and attested by herself as its Clerk.
WITNESS my hand and official seal this _ day of ,
2007.
Notary Public
My Commission Expires:
NORTH CAROLINA
PENDER COUNTY
I, , a Notary Public of the State and County aforesaid,
certify that personally came before me this day and acknowledged
that she is Clerk to the Board of Commissioners of Pender County, and that by authority
duly given and as the act of the Board of Commissioners, the foregoing instrument was
signed in its name by its County Manager, sealed with its corporate seal and attested by
herself as its Clerk.
WITNESS my hand and official seal this _ day of ,
2007.
Notary Public
My Commission Expires:
(revised)
44
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Regular Item #: 6.1 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Public Hearing
Special Use Permit (S-578, 9/07) - Request by Ward & Smith, PA for GL T Properties and Blacher Properties, LLC to
Place a 130-Bed Nursing Home Facility on 15.13 Acres in the R-15 Residential Zoning District at 611 Piner Road
and 5635 Wood Ridge Road in the Transition Land Classification (Continued from October 1 Commissioners'
Meeting)
BRIEF SUMMARY:
At their September 6,2007 meeting the Planning Board voted 7-0 to recommend approval of this request with added
conditions as follows:
1. Dumpsters will be serviced only between the hours of 8 a.m. and 5 p.m.
2. Primary access will be to College Road with only secondary access to Piner Road.
3. Mallard Crossing Drive and Wood Ridge Road will remain stub streets with no connectivity to this
project.
4. There must be two access points in place before building permits are issued.
Several adjacent residents expressed concerns relating to drainage issues and potential noise of dumpster service adjacent
to the residential neighborhood.
NOTE: Access issues for businesses on Piner Road arose after the Planning Board hearing and the MPO produced a
transportation proposal that would impact the design and development of this project as originally recommended. The
applicant delayed final hearing before the Commissioners in order to resolve those issues with the MPo. The site plan
submitted for this hearing has been modified to reflect some of the recommendations offered by MPO staff for a potential
street collector plan. The MPO staff basically supports the modified collector plan after consideration of drainage and
flooding concerns.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve, approve with conditions, or deny the Special Use Permit.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
45
ATTACHMENTS:
~ ~
5-578-Staff Summary_doc 5-578- Petition Summary_doc
adjacent property map, applicant materials (project narrative, traffic impact statement, site plan, collector street map, and 3
additional property maps)
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
A motion to adopt the original plan with four recommended conditions, and the condition that the two access points to be in
place before a certificate of occupancy is issued, was approved 5-0.
46
SPECIAL USE PERMIT
Continued at the Petitioner's Request from the October 1 Commissioner's meeting
S-578,9/07: 130-bed NursinglPersonal Care Facility in an R-15 Zoning District
Request By: Ward & Smith for GLT Properties & B1acher Properties
Location: 611 Piner Road & 5635 Wood Ridge Rd.
Acres: 15.13 acres
PLANNING BOARD ACTION: At their September 6, 2007 meeting the Planning Board
voted 7-0 to recommend approval of this request with added conditions as follows:
1. dumpsters will be serviced only between the hours of 8 a.m. and 5
p.m.
2. primary access will be to College Road with only secondary access
to Piner Rd.
3. Mallard Crossing Drive and Wood Ridge Rd. will remain stub
streets with no connectivity to this project.
4. there must be two access points in place before building permits
are issued.
Several adjacent residents expressed concerns relating to drainage issues and
potential noise of dumpster service adjacent to the residential neighborhood.
NOTE: Access issues for businesses on Piner Rd. arose after the Planning Board
hearing and the MPO produced a transportation proposal that would impact the design
and development of this project as originally recommended. The applicant delayed
final hearing before in the Commissioners in order to resolve those issues with the
MPO. The site plan submittedfor this hearing has been modified to reflect some of the
recommendations offered by MPO staff for a potential street collector plan.
Preliminary Staff Findings
1. The board must find that the use will not materially endanger the public health or
safety if located where proposed and developed according to the plan as submitted and
approved.
A. The subject property is located within the Myrtle Grove Volunteer Fire District.
B. Public water and sewer are located in the vicinity.
C. A portion of the subject property along the northern property boundary is located in a 100-
year floodplain.
D. Primary access to the site is proposed to be from Junction Creek Drive (a private street in
Junction Creek Business Park) to S. College Road, an identified urban major arterial.
Secondary access will be to Piner Road from Clayton Horn Dairy Road, an unpaved private
right of way.
Page 1 of3 Last printed 10/26/2007 6: 15 :00 PM
47
E. Interconnectivity to the a4iacent residential subdivisions via Mallard Crossing Drive is
shown in response to a potential street collector plan. Connection to Wood Ridge Drive is not
being shown because of environmental sensitivity in that portion of the property.
F. Traffic generation as submitted by the applicant indicates trip generation under 100 peak hour
trips per day, therefore, no Traffic Impact Analysis was required by the county for this
review.
2. The Board must find that the use meets all required conditions and specifications of the
zoning ordinance.
A. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows a
hospital or nursing and personal care facility in these districts under certain conditions
outlined in Section 72-9 of the ordinance.
B. The proposed lot size is 15.13 acres, which exceeds the minimum requirement of2 acres.
C. The proposed site plan (as revised) shows the structure setbacks of at lease 50 feet as
required by the ordinance The south setback, which functions as afront setback, is
influenced by an existing 40 foot drainage easement which traverses the property.
D. Off-street parking is shown at 108 spaces, which exceeds the requirements of Section 81-1 of
the ordinance.
E. Buffers to screen the non-residential use from residential uses must meet the minimum
requirements of Section 67-4(2) of the ordinance, which says the buffer must be 50% of the
required setback, or in this case, 25 feet. Other provisions of Section 67 also apply.
F. Stormwater is proposed to be provided by under-pavement infiltration basins and must meet
the requirements of the County's Stormwater Ordinance.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity.
A. Surrounding properties are residential or Office & Institutional in nature.
B. No evidence has been presented that the proposed use will injure the value of adjoining or
abutting property values.
4. The Board must find that the location and character of the use if developed according to
the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover
County.
A. The New Hanover County Comprehensive Plan classifies this location as Transition and
Conservation. The Transition Class is intended to provide for "continued intensive urban
development on lands that have been or will be provided with necessary urban services. The
purpose of the Conservation class as providing for effective long-term management and
protection of significant, limited or irreplaceable natural resources while also protecting the
rights of the property owner. Management of these areas may be required for a number of
reasons, including natural, cultural, recreational, productive or scenic values, but are
primarily flood prone areas.
Staff Comments:
1. Staff feels the findings are positive, provided site plan corrections are made to reflect
the discrepancies above.
2. In accordance with Section 71-1(4) of the ordinance, SUP, if issued shall become null
Page 2 of3 Last printed 10/26/20076:15:00 PM
48
and void if construction or occupancy of the proposed use as specified is not
commenced within 24 months of the date of issuance. Limited 6-month extensions
are possible under the provisions outlined in the ordinance.
3. Any federal, state or other local rules as well as general provisions ofthe zoning
ordinance must be followed.
ACTION NEEDED:
(Choose one)
1. Motion to Grant the special use permit (with or without recommended
conditions)
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to Deny based on specific negative findings in any of the 4 categories
above, such as lack of consistency with adopted plans or determination that
the project will pose public hazards or will not adequately meet
requirements ofthe ordinance.
Page 3 of3 Last printed 10/26/2007 6: 15 :00 PM
49
Case: 8-578, 9/07
Petition Summary Data
Owner/Petitioner: Ward & Smith for GLT/Blacher Properties
Existing Land Uses: Residential and vacant
Zoning History: April 7, 1971 (Area 4)
Land Classification: Transition and Conservation
Water Type: Public
Sewer Type: Public
Recreation Area: Myrtle Grove Park
Access & Traffic Volume: S. College Road - ADT 38,590 (12/06); ADT 33,479 (4/05)
+ 15% Piner Road - ADT 15,575(6/06); ADT 15,707 (4/05)
-1%
LOS: F (Breakdown of traffic flow. Traffic exceeds capacity.)
Fire District: Myrtle Grove FD
Watershed & Water Quality Classification: Seabreeze (SA; HQw)
Aquifer Recharge Area: Primary recharge for principal aquifers.
Conservation/Historic/Archaeological Resources: Flood zone on west side.
Soils: Seagate (Se), Leon (Le)
Septic Suitability: Class II- moderate limitations (Se); Class III- Severe
limitations (Le)
Schools: Parsley Elementary
50
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APPLICANT MATERIALS
.
52
Complete petitions and all supplementary information must be accepted by the Planning Department twenty (20)
working days before the Planning Board meeting to allow adequate time for processing and advertisement as
required by the North Carolina General Statutes.
Planning Board meetings are held on the first Thursday of each month at 5:30PM in the Commissioner's Assembly
Room at the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina.
Applications for single-family dwellings, including mobile homes, on individual lots must be accepted by the
Planning Department twenty (20) working days before the regularly scheduled Commissioners meeting. Applications
for single-family dwellings on individual lots do not require planning board review.
What You Must Establish For A
Special Use Permit
Authority to grant a Special Use Pennit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning
Ordinance imposes the foHowing General Requirements on the use requested by the applicant. Under each requirement, the
applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these
requirements: (Attach additional pages if necessary)
General Requirement #1
The Board must find "that the use will not materially endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved."
. The site has direct access to Piner Road, a public road, and will also have access to South College Road,
a major public thoroughfare, via public street rights-of-way through the Junction Creek business
development.
. The project is served by public sewer & water utilities.
. The project is in the Myrtle Grove Fire District.
General Requirement #2
The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance".
. The site plan meets all requirements of the Zoning Ordinance.
. The proposed use as a health care facility is permitted within the R-15 zoning district by Special Use
Permit.
Page 2 of3
SUP 02/07
53
General Requirement #3
The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the Use is a
public necessity."
. Health care facilities are considered valid transitional uses, that can be appropriately located in residential
areas.
. There is no evidence that there has been an adverse effect on property values of adjoining residences.
. Adjacent residential properties, or uses, are protected, and screened, from the development by sufficient
setbacks, landscaping and buffering.
General Requirement #4
The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in
harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County."
. The site is classified as "Transition", with a portion of "Conservation," where there is a Special Flood
Hazard Area along the creek corridor. The purpose of the transition class is to provide for future intensive
urban development when necessary services exist, or are planned.
. The facility would be accessed through, and be adjacent to, a business & office development in the
proximity of the Monkey Junction commercial node.
The Zoning Ordinance in some instances also imposes additional specific requirements on the use
requested by the applicant. The applicant should be prepared to demonstrate that the proposed use would
comply with each specific requirement found in section 72, additional restrictions imposed on certain special uses
(as applicable). He/She should also demonstrate that the land would be used in a manner consistent with the
plans and policies of New Hanover County. The Board of Commissioners may impose additional conditions and
restrictions that they deem appropriate prior to the issuing of the Special Use Permit. I certify that this
application is complete and that all of the information presented in this application is accurate to the best of my
knowledge, information, and belief.
Property
G~e;,~' \d
Print Nam I
Page 3 of3
SUP
02/07
54
Lutheran Services Health Care Facility
Project Narrative
The area surrounding the Monkey Junction intersection has become an active
commercial node over the past several years. Institutional development has
become a widely acceptable use to transition the lands between busy
thoroughfare roads and established residential neighborhoods. Our attempt with
this special use petition is to provide an attractive health care facility that satisfies
the needs of the community, but presents a minimal impact to the existing
adjacent neighborhoods.
The CAMA land use plan designates the subject tracts as being in the
'Transition" land classification. This class is intended to provide for more
intensive urban development, where necessary services either exist, or are
planned.
Access: The plan proposes access to both Piner Road, and South College Road
through the Junction Creek Business Park. Driveways will require review and
approval by the N.C. Department of Transportation prior to construction.
Stormwater Management: Runoff is proposed to be handled by a stormwater
detention pond, designed for both the State water quality requirements and the
County's quantity management of a 25-year storm event.
Utilities: Public water and sanitary sewer mains exist adjacent to the site.
Services can be extended to the buildings. The nursing home is designed for a
sprinkler system and additional fire hydrants will be installed within the site as
required for complete fire safety.
Architecture: The nursing facility is set back as far as possible from the street,
and from the adjacent residential properties. It will be a one-story building with
brick construction, with porches on the ends of the wings. All architectural
features will be coordinated to present a unified design and overall residential
character.
Landscaping: Bufferyards are planned to provide a visual screening
between the uses. This will be accomplished with a combination of undisturbed
natural vegetation that already exists, and a variety of supplemental upper- &
lower-story plantings. The end result is to provide 100% visual opacity to 6' with
intermittent heights of up to 20'. Landscaping all over the project will include
street yard , interior parking area landscaping and building foundation plantings to
add to the overall aesthetic appeal of the development.
55
The expanding economy, growing elderly population and high land values of the
County dictate the demand for development. Higher densities within a
designated area allow better value to afford better design. Approving the special
use of this tract would allow the owners to incorporate elements of good
planning, and would be consistent with the County's desire for intelligent
development. They seek to develop a project that would be an asset to the
community, add to the tax base and provide for local jobs.
In summary, the location and character of the proposed project, if developed
according to this plan would comply with the zoning district regulations and could
be in harmony with the surrounding area
56
Lutheran Services Health Care
Traffic Impact Statement:
The project will be accessed via Soth College Road 4:
Piner Road, both public rights-of-way.
Estimated trip generation has been computed from the
ITE Trip Generation Manuals ("th Edition).
Nursing t-Iome ("20) - ( Avg.Trips/
(130 Beds) Bed)
Weekday avg. - 2."1 = 33<1
A.M. Peak - 0.12 = I"
P.M. Peak - 0.3" = 47
Saturday avg. - 2.15 = 250
Sunday avg. - 2.3" == 307
57
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Regular Item #: 6.2 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Public Hearing
Conditional Rezoning (Z-871, 8/07) - Request by Watertree Properties NC, llC (Dean Satrape) to Conditionally
Rezone Approximately 129 Acres located Along the Northeast Cape Fear River near Brentwood Drive in the
Conservation land Classification from 1-2 Heavy Industrial District to Conditional Use District CD(R-15) for
Recreational Amenities Associated with a Residential Subdivision
BRIEF SUMMARY:
At its October 4, 2007 meeting, the Planning Board voted 5-0 to recommend approval of the conditional rezoning and
companion special use permit, to include the following conditions:
1. No acreage from the proposed recreational areas may be used toward allowable residential
density on this or any associated property.
2. No dwelling unit shall be permitted within the area of this rezoning.
3. Approval of the restroom facility on the high ground "island" is subject to approval of local and
state permits for a septic system.
The petitioner is in support of the conditions.
No one from the public spoke at the hearing.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve or deny the conditional use rezoning portion of the request.
If the zoning is approved the County Commissioners must approve or approve with conditions the accompanying special use
permit.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
Z.B71 ~ g.07.Modified Slaff Summary.doc Z.G7'. G.07.Petition Summary.doc
adjacent property map, applicant materials (narrative and site plan)
ITEM DOES NOT REQUIRE REVIEW
63
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Commissioner Davis was recused 4-0. The rezoning was approved 4-0. Conditional uses 1 and 2 were approved 4-0.
64
CASE: Z-871, 8/07
PETITIONER: Watertree Properties NC, LLC, Dean Satrape
REQUEST: From 1-2 Industrial District to CD (R-15) Residential
District
ACREAGE: Approximately 42 Acres
LOCATION: NE Cape Fear River, off Brentwood Dr.
LAND CLASS: Conservation
PLANNING BOARD ACTION: At its October 4,2007 meeting, the Planning Board voted
5-0 to recommend approval of the conditional rezoning and companion special use permit,
to include the following conditions:
1. No acreage from the proposed recreational areas may be used toward allowable
residential density on this or any associated property.
2. No dwelling unit shall be permitted within the area of this rezoning.
3. Approval of the restroom facility on the high ground "island" is subject to approval
of local and state permits for a septic system.
No one from the public spoke at the hearing.
STAFF SUMMARY
The subject property is located in the northern portion of the county along the Cape Fear River in
an area classified as Conservation on the 2006 CAMA Land Classification map. The property is
accessed from Brentwood Dr., off Castle Hayne Rd. Castle Hayne Rd. is a principal arterial road
according to the Wilmington Urban Area 2030 Long Range Transportation Plan. Level of service
has been rated F along this segment, meaning dense traffic exceeds the design capacity of the
roadway.
The subject property is currently vacant swampland with one high ground "island" between the
river and a newly rezoned R-15 area off Brentwood Dr. Surrounding property is otherwise zoned
1-2 Industrial.
The subject property is located within the Smith Creek watershed drainage area which is
classified C(SW) and is listed on the 303( d) list of impaired waters. The property is all within the
100 year flood zone except the high ground "island" is shown as a I % risk area. All soils are class
IV, Dorovan soil. The site is chiefly a discharge area for groundwater rather than a recharge area
for the aquifer. Public water and sewer are not present in the vicinity.
Land Use Plan Considerations:
This rezoning petition proposes a change from heavy industrial zoning to Conditional Use
District CD(R-15) Residential designation. The proposed site plan creates an array of water
oriented recreational amenities associated with a proposed subdivision in the newly rezoned R-
15 high ground off Brentwood Rd. The proposed amenities include an 85 slip community
boating facility, pedestrian boardwalk, canoe launch areas, nature overlooks and restroom and
picnic facilities on the high ground "island."
10/26/2007 Page 1 of3 Z-871
65
The 2006 Update of the Joint CAMA Plan describes the purpose of the Conservation class as
providing for effective long-term management and protection of significant, limited or
irreplaceable natural resources while also protecting the rights of the property owner.
Management of these areas may be required for a number of reasons, including natural, cultural,
recreational, productive or scenic values, but are primarily flood prone areas.
The area classified as conservation consists primarily of tidal marsh and is completely within the
100 year floodplain. Rezoning to a Conditional Use District R- 15 zoning would limit use of the
property to only those shown on the companion special use permit. Since the character of those
uses is water dependent recreation, it would appear to be consistent with the Land Use Plan and
the goals of the County's floodplain management ordinance. Staff supports this request and
recommends approval.
ACTION #1 NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether the action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public
interest."
EXAMPLE
The County Commissioners find that this request for zoning map amendment of 142 acres from
1-2 Industrial District to CD(R-15) Conditional District for Residential purposes associated with a
community boating facility and other water-oriented recreational uses is (or is not):
1. Consistent with the purposes and intent of the Conservation land classifications and
the associated land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to allow private recreational uses as outlined in
a 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:
1. The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and
approved.
A. Public water will serve the property
B. The proposed restroom area must secure approval from the County's Division of
Environmental Health to permit a septic tank.
C. Access to the proposed recreational amenities will be from a proposed 85 lot
subdivision.
D. The number of boat slips may not exceed the number of lots within the
subdivision served by the community boating facility.
E. Pedestrian or vessel access is the only access to the facility. Vehicular traffic will
not effect this proposal.
F. Fire Service is available from the Wrightsboro FD.
G. The property is located in a flood hazard area but the proposed uses are limited to
water recreation types of facilities.
10/26/2007 Page 2 of3 Z-871
66
H. Stormwater control is subject to the requirements ofthe County's stormwater
ordinance.
2. The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. The property is zoned 1-2 Industrial District. This request is made concurrent
with conditional rezoning to CD (R-15) Conditional District for residential use.
B. A community boating facility is allow with a special use permit in an R-15
zoning district.
C. Petitioner proposes 85 boat slips to serve as a recreational amenity for an 85 lot
subdivision.
D. Traffic circulation is not applicable since this site is accessed only as a pedestrian
or watercraft location.
E. A traffic impact analysis is not required.
F. Parking will be provided on individual lots associated with the boat slips.
G. CAMA permits will be required.
3. The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. No evidence has been submitted that this project will decrease property values of
adjacent parcels.
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 Update of the Joint CAMA Plan describes the purpose of the
Conservation class as providing for effective long-term management and
protection of significant, limited or irreplaceable natural resources while also
protecting the rights of the property owner. Management of these areas may be
required for a number of reasons, including natural, cultural, recreational,
productive or scenic values, but are primarily flood prone areas
B. Water dependent amenities for residential subdivisions are in conformity with the
policies ofthe CAMA Land Use Plan.
Staff comments: Staff believes the findings are positive when adding the Planning Board
recommendations for additional conditions.
ACTION # 2 NEEDED:
(Choose one)
1. Motion to Grant the companion special use permit (with or without
recommended conditions)
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to Deny based on specific negative findings in any of the 4 categories
above, such as lack of consistency with adopted plans or determination that
the project will pose public hazards or will not adequately meet
requirements of the ordinance.
10/26/2007 Page 3 of3 Z-871
67
Case: Z-871, 08/07
Rezone from 1-2 to CD (R-15)
Off Northeast Cape Fear River at Brentwood Rd.
Petition Summary Data
OwnerIPetitioner: Watertree Properties NC, LLC (Dean Satrape)
Existing Land Use: Vacant marsh
Zoning History: Area 9A (July 1, 1972)
Land Classification: Conservation
Water Type: Public
Sewer Type: Private
Recreation Area: Cape Fear Optimist Park
Access & Traffic Volume: Brentwood Road: No counts; Castle Hayne Rd. ADT
10/06 = 20,738; ADT 4/05 21,533 (-3.8%)
LOSF
Fire District: Wrightsboro Volunteer Fire Department
Watershed & Water Quality Classification: Smith Creek, C;SW; 303(d) impaired
Aquifer Recharge Area: Chiefly discharge area for groundwater
ConservationlHistoric/ Archaeological Resources: AE Floodzone and Shaded X
flood zone; Wetland Brackish Marsh
Soils: Dorovan
Septic Suitability: Class IV- Unsuitable
Schools: Parsley
68
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APPLICANT MATERIALS
70
Z-871, 8/07
REZONING REQUEST
FROM 1-2 TO R-15
PARCEL ID # R04100-001-002-000
1. HOW WOULD THE REQUESTED CHANGE BE CONSISTENT WITH THE
COUNTY'S POLICIES FOR GROWTH AND DEVELOPMENT?
The rezoning request, from Industrial-2 to Residential-15, is for property within the
Urban Growth Transition area as outlined in the adopted CAMA Land Use Plan. The
property is located in the northeast quadrant of the County, along the western side of the
Northeast Cape Fear River, just north ofthe confluence with Smith Creek. Access to the
property is from a residential street connected to Castle Hayne Road. The subject
property is part of a larger tract and contiguous to a pocket of uplands that was recently
rezoned from 1-2 to R-15. This requested rezoning will provide like zoning classification
linking the developable uplands to the River. The section of the River bordering this
property is designated as PNA (Primary Nursery Area) and closed to shellfish harvesting.
In accordance the New Hanover Zoning Code, only Commercial Marinas are permitted in
the 1-2 District. Conversely, in accordance with the CAMA Land Use Policies, no
Commercial Marinas will be permitted (by NCDENR) in waters classified ORW or PNA.
However, the New Hanover County Zoning Code and the CAMA Land Use Policies will
permit a Community Dock Facility as a Special Use Permit within a Residential Zoning.
2. HOW WOULD THE REQUESTED ZONE CHANGE BE CONSISTENT WITH
THE PROPERTY'S CLASSIFICATION ON THE LAND CLASSIFICATION
MAP?
The Land Classification Map denotes this property as a Transition Area and Conservation
Area. The property is presently zoned industrial and is located adjacent to a residential
neighborhood. The remaining bordering areas are regulated marshlands that prohibit
industrial type development. Access to the property is via a residential street connection
to Castle Hayne Road. The requested zoning to allow residential use is consistent with
the Land Classification (Transition) and will provide a zoning classification allowing
residential development that addresses waterfront access in accordance with both the
New Hanover County Zoning Ordinance and the Adopted CAMA Land Use Plan.
~
3. WHAT SIGNIFICANT NEIGHBORHOOD CHANGES HAVE OCCURRED
TO MAKE THE ORIGINAL ZONING INAPPROPRIATE, OR HOW IS THE
LAND INVOLVED UNSUITABLE FOR THE USES PERMITTED UNDER THE
EXISTING ZONING?
The Castle Hayne Road Corridor, from the Hwy 17 Bypass to the MLK Freeway, is
undergoing changes due to improved access connections and the proximity to Downtown
Wilmington and the Hwy 421 Industrial Corridor. In addition, Castle Hayne Road runs
parallel to the Cape Fear River, thus providing access to riverfront property. The real
estate trend toward water based development is creating a demand for properties with
water access or water views. The Downtown's continuing growth is creating a demand
71
>
Z-871 t 8/07
for housing with increased interest toward river base land use. The residential demand,
coupled with the location within an established residential neighborhood, renders this
property inappropriate for industrial development. A portion of this parcel was recently
rezoned for residential use. This rezoning request is a continuation of the proposed
residential development by allowing community access to the River in accordance with a
Special Use Permit.
4. HOW WILL THIS CHANGE OF ZONING SERVE THE PUBLIC INTEREST?
The proposed zoning request to change from Industrial-l to Residential-IS is in keeping
with the Adopted CAMA Land Use Plan and will provide the land use classification
needed to provide housing that is close to the City's Downtown District. The property is
within an area experiencing change due to improved access to the Downtown District and
regional employment centers. The property's landscape is a gentle bluff descending to
the marshland bordering the Cape Fear River offering an excellent opportunity to "
promote a sensitive development that preserves the natural character while allowing for
the preservation of the bordering estuarine resources. The requested rezoning will allow
community access to the adjacent River and the connecting tributaries. Access to the
water resources provides both recreation opportunities and a stewardship associated with
the enjoyment of the natural systems. There is no better "Watch Dog" than a neighbor.
.~
72
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74 -
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Regular Item #: 6.3 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Public Hearing
Modify Special Use Permit (S-354, 9/93,10/07) - Request by Wessell and Raney, llP to Expand an Existing
Community Boating Facility by Four Slips in an R-15 Residential Zoning District on Masonboro Sound for
Windchase Subdivision off Windchase Drive in the Conservation land Classification
BRIEF SUMMARY:
At its October 4, 2007 meeting, the Planning Board voted 5-0 to recommend approval of the proposal with corrections in the
findings and staff recommended additional conditions be attached. No one from the public spoke on this item.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve, approve with conditions, or deny the Special Use Permit.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
S.354 Mod.Slaff Summary.doc S.354Mod Petilion Summary.doc
adjacent property map, S-354 (9/93) order, applicant materials: narrative, site plan maps (3), parcel map, and color aerial
map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved with recommended conditions with d(3) amended to read, "No boat maintenance is permitted at any community
boating facility" by a vote of 5-0.
75
SPECIAL USE PERMIT
S-354, 9/93; Modification 10/07 Community Boating Facility Add 4 Slips
Request By: Windchase HOA by Wessell and Raney LLP
Location: Windchase Lane
Acres: N/A
PLANNING BOARD ACTION: At its October 4, 2007 meeting, the Planning Board voted
5-0 to recommend approval of the proposal with corrections in the findings and staff
recommended conditions as noted below. No one from the public spoke on this item.
Preliminary Staff Findings
1. The board must find that the modified use will not materially endanger the public
health or safety if located where proposed and developed according to the plan as
submitted and approved.
A. The subject property is accessed via Windchase Lane to Cabbage Inlet Lane to Masonboro
Sound Road, which is identified as an urban collector road on the 2030 Long Range
Transportation Plan with Level of Service B.
B. The landward portion of the project is within the City of Wilmington municipal boundary.
C. Public Water and Sewer serve the area.
D. Fire service will be provided by the City of Wilmington
E. Stormwater will be regulated by the City of Wilmington.
2. The Board must find that the modified use meets all required conditions and
specifications of the zoning ordinance.
A. The site is located within the City's planning jurisdiction on the landward portion but the
waterbodies remain in the County's jurisdiction, so county rules apply to the boating facility.
B. The existing facility had 14 slips for 14 lots. Four additional lots have been incorporated into
the subdivision. This request would add 4 additional slips to serve those new lots.
C. Community Boating Facilities are allowed by Special Use Permit in the R-15 Residential
Zoning District.
D. Off-street parking will be accommodated at home sites in the subdivision.
E. A lO-foot pedestrian easement will be provided and conferred to each owner for access to the
community boating facility.
F. Applicant states that individual dock rights of waterfront lot owners will be prohibited by
restrictive covenants of the homeowners' association.
G. No commercial activities are proposed or allowed for the facility.
H. A CAMA permit will be required from the Division of Coastal Management
I. A variance was granted to this project by the Environmental Management Commission to
allow expansion of a marina in High Quality Waters in order to avoid additional piers on
individual lots. (reword per application)
3. The Board must find that the modified use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity.
5-354,9/93; Modification 10/07 1
1012812007
76
A. No evidence has been presented at this time that the proposed use will injure the value of
adjoining or abutting property values.
B. Other private docks and community boating facilities are located along Whiskey Creek and
Masonboro Sound.
4. The Board must find that the location and character of the modified use if developed
according to the plan as submitted and approved will be in harmony with the area in
which it is to be located and in general conformity with the plan of development for New
Hanover County.
A. The New Hanover County Comprehensive Plan classifies this location Conservation.
B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust
waters.
C. The waters of Whiskey Creek are classified as SA (Shellfishing); HQW (High Quality
Waters) 303(d) impaired water quality. This facility is located outside the watershed in the
waters ofMasonboro Sound ICWW
D. Surrounding land uses include single-family housing, some with docks and piers.
Staff Comments:
1. This existing facility was approved by the county prior to annexation and has
operated in compliance with the permit since 1993. Since the area is now in the
City's jurisdiction, staff recommends including the following conditions taken from
the city's ordinance:
a. Community boating facilities shall be designed and maintained without dredging
in any SA waters, Outstanding Resource Waters (ORW) or Primary Nursery Areas
(PNA).
b. Use of facilities will only be allowed by residents ofthe subdivision in which the
community boating facility is constructed and such use may not be transferred to a
non-resident or commercially let to a non-resident of the subdivision.
c. Waterfront properties included within the subdivision are prohibited from
constructing private docks.
d. Community boating facilities are required to adhere to the following restrictions
and best management practices:
(1) Facility uses are limited to mooring, landing, and storage of boats.
(2) The number of boats maintained on the site may not exceed the number of
mooring slips permitted.
(3) No boat maintenance and no boats with heads are permitted at any community
boating facility.
(4) Exterior storage on the site is prohibited.
(5) No underwater hull cleaning is permitted.
(6) Manage boating activities to decrease turbidity and physical destruction of
shallow water habitat by restricting boater traffic in shallow water areas.
(?) No impervious surfaces will be allowed in association with a community
boating facility.
ACTION NEEDED:
ACTION NEEDED:
(Choose one)
8-354, 9/93; Modification 10/07 2
10128/2007
77
1. Motion to Grant the special use permit (with or without recommended
conditions)
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to Deny based on specific negative findings in any of the 4 categories
above, such as lack of consistency with adopted plans or determination that
the project will pose public hazards or will not adequately meet
requirements of the ordinance.
S-354, 9/93; Modification 10/07 3
10/28/2007
78
Case: 8-3549/93, Modification 10/07
Add 4 slips
Petition Summary Data
Owner/Petitioner: Windchase HOA by Wessell and Raney, LLP
Existing Land Use: Community Boating Facility with 14 slips; requesting to add 4
slips for 4 additional lots
Zoning History: Masonboro (Oct. 15, 1969); Landward Annexed into City 1998
Effective (Sept. 30, 2000)
Land Classification: Watershed Resource Protection/Conservation
Water Type: Public
Sewer Type: Public
Recreation Area: HOA and Pubic trust waters
Access & Traffic Volume: Masonboro Sound Rd. ADT 2,160 (4105) compared to
2,087 (10/06) -3%
LOS: B - Stable flow
Fire District: Wilmington FD
Watershed & Water Quality Classification: Whiskey Creek- SA; HQW; 303(d)
Aquifer Recharge Area: Primary recharge for Castle Hayne or PeeDee
ConservationlHistoric/ Archaeological Resources: High Hazard VE Flood zone;
Brackish Marsh
Soils: Tidal Marsh
Septic Suitability: N/A
Schools: Parsley Elementary
79
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80
APR-19-2006 WED 08:48 AM NHC PLANNING DEPT
..____. .__ __. __. FAX NO, 9107987053 p, 04
APR-l~006-WED~C COMMISSIONERS FAX Na. 910 798 7145 P.002
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COUJI'I'Y OF NIW HANOVER
STATE OF liOR'l'H CAROLINA
ORDER GitARnNG .A spBCIAL use PERMIT
community soating Faci11ty (14 Slip.)
The County Commi._ione~. for New Hanover County having held a
Pl.lbl1c hearing on september 7, 1993 to cons1<<;\er appl1cation nullber
S-354, 8/93, submitted by the Windchase Homeowners Association, a
~8quest for a spea!al use permit to use the property located 1n
W1ndcha88 Subdivision; and having heard all the 8vic1t!IJ~.e. and
arguments presen'ted at: the hearing, make the following FINI>IH~S or
FACT and draw the following CONCLUSIONS: .
1. Th. County commissIoners FIND AS A FACT that all of the
specific requirements set. forth in Section 72-37 of the Count.y
~on1ng Ordinance WILL be satlsUed if t.he property is developed in
accordance with the plans submitted to th~ County Co~lssioners.
2. It is the count.y Comm1ss10ner15' CONCLUSION that the
propo~ed u~e nOES satisfy the first g~neral ~equ1rement listed in
the ordinance, namely that the use will not mAtedally endanger the
public health or satet.y If located where proposed and developed
accord1ng to the plan as submitted and approved, In support of
this conelusion, the comml.sioners aaka t.he follow1ng yINDINGS OF
FACT:
A. The lite 11 locatecl within t.he S8agate Volunteer Fire
Departm.ent.
B. No wate~ and sewer servieee are nee<<;\ed for the facility.
3. It 1s the county C01IlIl!ss1oners I COKCLUStOli that the
proposea use DOES satlsfy the second general requirem.ent listed in
the ordinance; namely that the uee meets all requIred conditione
and specifications. In support of this conclusion, tbe
commissioners make the following FINDINGS OF FACT:
A. The property is zoned R-1S.
B. Conservation resources will not be impacted.
c. Adequate area is available for oft-street parking.
D. The number of bOAt slip. does not exceed the number of
lots 1n the subdivision.
4. It is the county COIlUllJ.8I1ionen' coNCLUSION that the
propoped usa DOES satisfy the third general raqulxement listed in
the Ordinance; namely that the use will not substantially injure
the value of adj01ning O~ ~butt1ng prope~y, or that the use is a
public nadGssit.y. In support of this conclusion, the CoU\lll.issioners
make the following FINDINGS OF FACT:
A. The facility i~ ueed in conjunction with the adjoining
8ubdivi&lon.
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81
--..... ,.APR~~9-20_06 WED O~:.~_AM NH~ PLANNING DEPT FAX NO, 9107987053 p, 05
APR-!9-2006-WED 08:53 AM NHC COMMISSIIllERS FAX No, 910 798 7145 P.003
i
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5. It. is the county Comm1saioneJ;S I CONCLUSIO!f that the
proposed use DOES satisfy the fourth general requ1r_ent listed in
tbe Ord1nance; namely that tne location and character of the use if
de~elcped according to the plan as submitted and approved will be
in harmony with the area 1n which it is to be loeated and 1n
general conformity w1th the plan or development fo~ Hew Hanover
County. In #Support of thll conclusion, the COlIIIII.1ss1oners make the
following FINDINGS or FACT.
A. There 1s an existing ten-elip marina In place now.
B. Nearby residential project~ have similar facilIties.
c. A large commercial marina (J4asoMorO Boat. Yard) 15
located nearby.
6. Therefore, b8caullle t.he county Collll\ifusioners conclude that.
all of the general and specific conditions precedent to the
issuance at a SP~CIAL uSE: PIRMIT HAVE been satts:Ued, IT IS ORDERED
that the applicatIon for the ~ssuance of a SPECIAL USE pS~IT BE
GRANTED t.o the following aondl~lons: .
a) '!hat. the applicant I!Ihall tully COllply ~1th all of thlit
specific requirements stated in the ordinance for the proposed
U8e, as well as any additional conditions hereinafter _tated.
b) U ~lny of the conditions imposed by thiS special use
permit shall be held invalid beyond t.he aut.hodty of t.his
Board Of Commissioners by a court of competent juriSdiction,
then th~s pe~t shall become void and of no:effect.
c) Other; All other applicable federal, state and local
laws.
Ordered t.his 7th day of September, 1993.
~U4~
Robert Q. Greer, chairman
Attest:
~-'(~~
~ to t.he Board
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82
APPLICANT MATERIALS
,
83
SPECIAL USE PERMIT APPLICATION
WINDCHASE HOMEOWNERS' ASSOCIATION
COMMUNITY BOATING FACILITY
NARRATIVE STATEMENT
BACKGROUND
The Windchase Subdivision was created by recordation of a
subdivision map and Declaration of Covenants, Conditions and
Restrictions in August, 1986. The original subdivision had 12 lots.
Revised subdivision maps were recorded in February, 1988, to relocate
some lot lines and to add two additional lots for a total of 14 lots.
A community pier was constructed with 10 slips.
In July, 1990, the common areas, including the community pier was
conveyed to the Windchase Homeowners I Association. A special use
permit was issued on September 7, 1993, to rebuild the community pier
and to enlarge the pier from 10 slips to 14 slips. (Special use
permit application 354) .
In April, 2004, 3 resident lot owners in Windchase formed a
limited liability company called PSP Enterprises, LLC and purchased a
tract of land adjacent to the entrance to Windchase. PSP subdivided
the property into 4 lots known as Windchase North by recordation of a
subdivision map in December, 2005.
PSP obtained approval of the owners in Windchase to add 4 slips
to the community pier to serve the lots in Windchase North. The
owners in Windchase also approved the annexation of Windchase North
into Windchase. PSP was advised that a CAMA permit could not be
issued for the 4 additional slips because the area in which the
community pier is located was designated as outstanding resource
waters (ORW's) and that such areas were subject to a prohibition on
expansion of any marinas. Under the rules applicable to ORW's the 14
slip existing pier is considered a marina.
PSP determined that a new 1,000' long pier with 4 slips could be
constructed from Windchase North parallel to the existing Windchase
pier without being subject to the ORW rule regarding expansion of
existing marinas.
Rather than building a new pier, PSP sought a variance from the
Environmental Management Commission (EMC) from the restrictions of the
ORW rule. The EMC granted a variance subject to conditions regarding
storm water runoff standards for the 4 lots and a prohibition of
84
private docks from the individual lots in Windchase and Windchase
North.
Proposal
The proposed 4 new slips will be comparable to the existing 14
slips as depicted on the plans for the new slips submitted with the
special use permit application. The use of the new slips will be
subject to the same standards as the 14 existing slips. The right to
use the 4 slips will be appurtenant to the 4 lots in Windchase North.
The residents of Windchase who use the pier and dock as currently
configured have done so without the need of a designated parking area
near the pier. There is an adequate drop-off and temporary parking
area to enable the residents to load and unload vehicles near the pier
and to then park their vehicles at their residential lots and return
on foot or bicycle. Lots 14 and 15 in Windchase are a comparable
distance from the pier to lots 3 and 4 of Windchase North. Lots 1 and
2 of Windchase North are only slightly further from the pier than lots
14-R and 15-R in the existing Windchase subdivision.
Because the pier is in an unrestricted speed zone on the
Intracoastal Waterway, it is anticipated that the slips will be
equipped with boat lifts to avoid wave damage. Such lifts avoid
adverse environmental effects that may be caused by boats docked in
wet slips.
In the event the requested amendment to the special use permit is
not approved, the 2 subdivisions will be separated and Windchase North
will pursue its own 4 slip pier parallel to the existing Windchase
pier. Under the county ordinance, a 4 slip residential pier is
permitted as a matter of right in all residential districts.
WAR\environ\R05-011-101
85
ATTACHMENT TO SPECIAL USE PERMIT APPLICATION
WINDCHASE HOMEOWNERS ASSOCIATION
COMMUNITY BOATING FACILITY
1. The use will not materially endanger the public heal th or safety
if located where proposed and approved.
PROPOSED FINDINGS:
a. The existing pier has 14 slips. The addition of 4 slips
will not change any factors affecting the public health or safety.
b. The current pier and dock structure is typical of community
boating facilities and will be constructed in accordance with
applicable codes and regulations designed to provide appropriately
sited and safe structures.
2. The use meets all required conditions and specifications.
Section 72-3 of the zoning ordinance sets forth the conditions and
specifications for county boating facilities. The 5 conditions are
addressed separately below:
2.1. It can be demonstrated that the project will have minimal
impacts on water quality, primary nursery areas, shellfish grounds,
and conservation resources.
PROPOSED FINDINGS:
a. The proposed addition for slips will create minimal and
short-term disturbance of the area of construction.
b. The site has adequate depth so that no dredging is
required.
c. The North Carolina Environmental Management Commission
has granted a variance from its rules that would otherwise prohibit
the expansion of a marina (EMC defines marina as greater than 10
slips) in outstanding resource waters ( ORW s ) applicable to Masonboro
Sound on the basis that the proposal will have less impact than the
alternative of a separate 1,000 foot long pier with 4 slips.
d. The variance from the EMC contains conditions agreed to
by the Petitioner regarding the control of storm water runoff from
Windchase North Subdivision that assures greater protection from the
86
adverse effects of storm water runoff than is required by city, county
or state regulations.
e. The area is already closed to shellfishing and is in
close proximity to Masonboro Boat Yard, a commercial marina, on the
opposite side of Whiskey Creek.
f. The location of the 4 slips is not in a primary nursery
area.
2.2. Off-street parking will be provided at a ratio of 1 per boat
slip.
PROPOSED FINDINGS:
a. Each of the slips will be appurtenant to a nearby
residential lot. The current facility consisting of 14 slips was
granted a special use permit, S-354, without the requirement for
parking other than the parking available on the lots of the property
owners with rights to use the pier.
b. There is adequate loading and unloading area available
on the common area near the landward end of the pier.
2.3. The number of boat slips may not exceed the number of
residential lots or dwelling units within the associated development.
PROPOSED FINDINGS:
a. There are 18 lots in the combined subdivision. The 4
slips being proposed will increase the number of slips from 14 to 18.
2.4. The right to the use of the facility must be conferred by an
easement appurtenant to the residential project it is intended to
serve.
a. The right to use of the facility is an easement
appurtenant to the residential project, it is intended to serve as
disclosed by the Declaration of Covenants, Conditions and Restrictions
applicable to the lots.
b. Windchase North Subdivision has been merged into the
previously existing Windchase Subdivision.
2.5. Commercial activities, including but not limi ted to, the
sale of gasoline, oil, marine supplies and food stuffs, shall be
strictly prohibited.
87
PROPOSED FINDINGS:
a. The New Hanover County zoning ordinance prohibits such
activities at Community Boating Facilities.
b. The applicant agrees that a prohibition of such commercial
activities is appropriate as a condition of the special use permit.
3. Use will not substantially injure the value of adjoining or
abutting property or the use is a public necessity.
PROPOSED FINDINGS:
a. The property adjoining the pier is either a common property
of the Association, the lot of a member of the Association or public
trust areas such as submerged and navigable waters. The closest
property not falling into one of these categories is in the Oyster Bay
Subdivision. The closest lot to the additional boat slips is over
900' from the proposed boat slips. Owners in Oyster Bay and the
Oyster Bay Homeowners Association supported the variance obtained from
the Environmental Management Commission (EMC) for the addition of four
boat slips.
4. 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 conformi ty wi th the plan of
development for New Hanover County.
PROPOSED FINDINGS:
a. The Land Classification Map designates the area for the 4
slips as "Conservation" . "Water Dependent Uses" are appropriate in
the Conservation classification according to the 2006 CAMA Plan
Update, Part IV, Conservation, page 142. A boat slip is a water
dependent use.
b. Policy 3-7 of the 2006 CAMA Plan Update is to "ensure
protection of.. . wetlands " by review to "achieve the hierarchical goals
of impact avoidance, minimization, and/or mitigation." The current
proposal to add 4 slips to an existing pier will avoid the impacts on
wetlands that would occur if Windchase North built its own 1,000' long
community pier with 4 slips across the wetlands adjacent to the
existing Windchase pier.
c. Policy 3-14 of the 2006 CAMA Plan Update "encourage(s)
development by allowing greater design flexibility. " The addition of
88
4 slips to the existing pier rather than constructing a new 1,000'
pier across wetlands is consistent with this policy.
d. Policy 3 19 of the 2006 CAMA Plan Update seeks to IIsatisfy
riparian access needs of private property owners while encouraging
shared use facilities." The proposed project will allow the 4 lots in
Windchase North to share an existing dock rather than to build a
separate 1,000' long pier and dock. The prohibition of private piers
and docks through an amendment to the Restrictive Covenants has been
approved by the property owners in Windchase and will be recorded if
the amended special use permit is granted. The Association has no
objection to a condition in the special use permit that requires the
Association to prohibit private piers and docks.
WAR\environ\R05-011-100
89
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Legend ~
Windchase_Subdivislon
Wi ndchase _ Commol1_Area i
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SCALE 1" ::: 200'
Map Source: 1998 NAPP aerial photography
Windchase SID Community Dock ~ !t"M.G~~" Figure 4
Windchase HOA
Wilmington, NC Aerial Photograph
02-04-709 Cj)II:>Utl(ll'lt~
June 2007
94
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Regular Item #: 6.4 Estimated Time: Page Number:
Department: Planning Presenter: Sam Burgess
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
Public Hearing
Subdivision Text Amendment (A-367) - Request by the County's Technical Review Committee (TRC) to Amend
Section 41-1 (7)(f) of the Subdivision Regulations Clarifying the language on Street Connectivity
BRIEF SUMMARY:
At its October 4, 2007 meeting, the Planning Board voted 5-0 to recommend approval of the amended language. No one
from the public spoke on this item.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve, modify, or deny the text amendment.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
A-367 REVISED. for CC.doc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
95
CASE: A- 367, 09/07 Applicant: County's Technical Review Committee
REQUEST: Subdivision Text Amendment for Section 41-1(7)(t) clarifying language on
street connectivity
PLANNING BOARD ACTION: At its October 4,2007 meeting, the Planning Board voted
5-0 to recommend approval of the amended language. No one from the public spoke on
this item.
HISTORY
In March, 2003, the Board of New Hanover County Commissioners adopted specific
requirements for providing street stub-outs and street connections for all new preliminary
residential subdivisions to adjoining properties. The basis for the requirement was to enhance an
interconnecting street system in order to provide adequate access for emergency services
vehicles and safe non-vehicular travel for pedestrians and bicyclists on secondary streets.
Recently, the County's Technical Review Committee (TRC) reviewed the language for street
connectivity and determined that the wording of Section 4l-l(7)(t) needed better clarification.
The recommended text is included below. Additionally a strike-out version ofthe original text
with the proposed changes follows the recommended text.
PROPOSED AMENDMENT SECTION 41-1(7)(0
Interconnected street systems promote orderly and safe development by ensuring that streets
function in an independent manner, to provide adequate access for emergency and service
vehicles and enhance access by ensuring continuous and connected transportation routes.
All proposed streets shall be continuous and connect to existing or platted streets without
offset with the exception of cul-de-sacs as permitted and except as provided below.
The street network for any subdivision shall achieve a connectivity ratio of not less than
1.40. The connectivity ratio shall be defined as the number of street links divided by the
number of nodes, including cuI de sac heads or other vehicle turnarounds. A "node"
refers to the terminus of a street or the intersection of two (2) or more. Any curve or
bend of a street that has a minimum centerline radius of 100 feet or more shall not be
considered a node. Roundabouts also shall not be counted as nodes. A divided entrance is
one node.
A link shall be any portion of a street, other than an alley, defined by a node at either end.
Street projections to adjacent properties shall be considered links. For the purpose of
determining the number of links in a development, boulevards, median-divided
roadways, and divided entrances shall be treated the same as conventional two-way
roadways. Street links and nodes along a collector or arterial street providing access to a
proposed subdivision shall not be considered in computing the connectivity ratio.
10/26/2007 A-367
96
Residential streets shall be designed so as to minimize the block length of local streets, to
provide safe access to residences with minimal need for steep driveways and to maintain
connectivity between and through residential neighborhoods for autos and pedestrians.
Where necessary to provide access or to permit the reasonable future subdivision of
adjacent land, rights-of-way and improvements shall be extended to the boundary of the
development. A temporary turnaround may be required where the dead end exceeds 500
feet in length. The platting of partial width rights-of-way shall be prohibited except where
the remainder of the necessary right-of-way has already been platted, dedicated or
established by other means.
New subdivisions may be exempt from the connectivity ratio standard as set forth in this
section, provided the appropriate reviewing agency determine there is no option for
providing stub streets or connectivity due to existing documented environmental features
such as wetlands or natural water bodies or existing adjacent developed property.
For vou information. the cross-out version of the lan2Ua2e is included below:
Additions are noted in heavY print and underlined. Deletions are noted with strikeout.
The City of Wilmington and New Hanover County heresy determine ~md recognize that an
Interconnected street svstems . is necessary in order to protect the public health, safety and welfare
in order to ensure that streets will function in an promote orderly and safe development by
ensurin2 that streets function in an interdependent independent manner, to provide adequate
access for emergency and service vehicles and enhance access bv ensurin2 continuous and
connected transportation non vehicular tra'/el such as pedestrians aAd sicycles and to provide
continuous and comprehensible traffic routes. [For ref€rence, see Institute for Transportation Enginoers,
ITE Tr{3nsportation Planning Council Committee 5P 8, Traditional Neighborhood Development Street
Design Guidelines (June 1997))
All proposed streets shall be continuous and connect to existing or platted streets without offset
with the exception of cul-de-sacs as permitted and except as provided below.
The street network for any subdivision shall achieve a connectivity ratio of not less than 1.40.
The phrase "connectivity ratio" means shall be defined as the number of street links divided by
the number of nodes. includin2 cui de sac heads or other vehicle turnarounds. 9f--liAk
ends, including cui de sac heads. !\ "link" means and ref€rs to that portion of a street defined by a
node at each end or at one end. A "node" refers to the terminus of a street or the intersection of
two (2) or more streets except that intersections that use a roundabout shall not be counted as a
nodeFor the f.lurposes of this section, an intersection shall be defined as: any curve or bend of a
street that fails to meet minimum CLHve radius in accordance with NCDOT Specifications or any
location 'Nhere street names change (as reviewed and approved by the Technical Review
Committee (TRC)). Anv curve or bend of a street that has a minimum centerline
radius of 100 feet or more shall not be considered a node. Roundabouts also shall
not be counted as nodes. A divided entrance is one node.
Approved stubs to adjacent property shall be considored links. However, alleys shall not be
consider~d links. A link shall be any portion of a street. other than an allev. defined by
a node at either end. Street projections to adjacent properties shall be considered
10/26/2007 A-367
97
links. For the purpose of determinin2: the number of links in a development.
boulevards. median-divided roadways. and divided entrances shall be treated the
same as conventional two-wav roadways. For puqaoses of tRis subsection, the Street links
and nodes alon2: a witRin the collector or arterial thoroughfare streets providing access to a
proposed subdivision shall not be considered in computing the connectivity ratio.
Residential streets shall be designed so as to minimize the block length of local streets, to
provide safe access to residences with minimal need for steep driveways and to maintain
connectivity between and through residential neighborhoods for autos and pedestrians.
Where necessary to provide access or to permit the reasonable future subdivision of adjacent
land, rights-of-way and improvements shall be extended to the boundary of the development. A
temporary turnaround may be required where the dead end exceeds 500 feet in length. The
platting of partial width rights-of-way shall be prohibited except where the remainder of the
necessary right-of-way has already been platted, dedicated or established by other means.
New subdivisions may be exempt from the connectivity ratio standard as set forth in this section,
provided the appropriate reviewing agency determine there is no option for providing stub streets
or connectivity due to existing documented environmental features such as wetlands or natural
water bodies or existing adjacent developed property.
F or purposes of this subsection, the street links aDd nodes 'Nitlrin collector or throughfare streets
proyiding access to a proposed soodiyision shall not be considered in computing t.ae eonneeti'lity
fatie.
Staff Recommendation
Planning staff recommends approval of the TRC language "clean-up" on the street connectivity
requirements. Staff also recommends that the Links & Nodes "illustration displayed in the
County's Subdivision ordinance remain.
ACTION REQUIRED:
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 as presented herein
is (or is not):
1. Consistent with the purposes and intent of land use policies adopted in the 2006 land
use plan;
2. Reasonable and in the public interest to establish clarifications in the subdivision
ordinance as it relates to street connectivity standards in the unincorporated county.
10/26/2007 A-367
98
A "node" refers to the terminus of a street or the intersection of two
(2) or more streets, except that intersections that use a roundabout
shall not be counted as a node. For the purposes of this section, an
intersection shall be defined as: any curve or bend of a street that
fails to meet minimum curve radius in accordance with NCDOT
Specifications or any location where street names change (as
reviewed and approved by the Technical Review Committee (TRC)).
16 links/11 nodes = 1 .45 ratio
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99
This page intentionally left blank.
100
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Regular Item #: 6.5 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Public Hearing
Text Amendment (A-352, 4/07) - Request by Staff to Amend Article VI, Creating Section 69.18: Traffic Impact
Review Process (This Item was Remanded from the October Commissioners' Agenda for Additional Concurrence)
BRIEF SUMMARY:
At its September 6,2007 meeting, the Planning Board voted 7-0 to recommend approval of this text amendment, which
creates a traffic impact review process. At its October 4, 2007 Planning Board meeting, three people had general questions
and comments about the ordinance. The Planning Board discussed the staff's added recommendations and concurred with
the amendment attached hereto.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve, modify, or deny the text amendment.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
A-352. 5 taff 5 ummar,y.R evised. doc A.352.T r affic I mpacl IN orksheel.R evised. doc
WRAR position statement
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
101
CASE: A-352, 6/06 Applicant: Staff
Remanded to October 4, 2007 Planning Board meetingfor final concurrence
REQUEST: Zoning Text Amendment for Article VI, Creating New Section 69.18:
Traffic Impact Analysis
PLANNING BOARD ACTION: At its September 6, 2007 meeting, the Planning Board
voted 7-0 to recommend approval of this text amendment. At its October 4,2007 the
Board clarified their recommendation. Three people spoke at the hearing with general
questions and comments about the ordinance. At its October 4, 2007 meeting, the Planning
Board discussed the staff's added recommendations and concurred with the amended as
described below. Three people spoke at the meeting.
HISTORY
At the December 5th 2005 New Hanover County Board of Commissioners' meeting, the
planning department received a directive from the commissioners to research methods of
regulating significant traffic impact projects. The commissioners' desire to initiate some
fonn of regulation was due to the enonnous traffic generated by these types of land uses
and the critical state of the county's transportation infrastructure.
Since that time, several workshops have been held to address the issue. These were attended
by the Planning Board and good representation from the development community, but
transitions in staff, Planning Board members, and even development advocacy leadership has
delayed the process as all new parties have felt a need to revisit the issue. Planning staff has
researched how other urbanized areas address traffic impact analysis. Planning Board
members have spoken with many interested parties, and advocacy groups have met to
establish industry positions and offer suggestions.
The most recent Planning Board workshop on August 23rd was well attended by 13
representatives of various development interests, and the issue was thoroughly discussed by
the Planning Board. The MPO coordinator was also in attendance to answer questions about
how the TIA process currently works and to offer support for the text amendment. The
Wilmington-Cape Fear Homebuilders offered stronger language than the staffs suggestion
for traffic generation thresholds, and at the Planning Board's direction, most of that language
has been incorporated into the revised text proposal below. Other input from the workshop
has also been captured in this revision.
Since the county already requires Traffic Impact Analysis (TIA) for residential subdivisions
and special uses that generate 100 peak hour trips, this action is viewed as a practical,
proactive step to hold all traffic generators to an equal standard for mitigating impacts,
regardless of the use category. It is anticipated that most applicants will quickly recognize
when a TIA is needed and will make contact with the Planning Department prior to
submission of a site plan in order to work through the scoping process and detennine the
traffic mitigation measures needed.
10/26/2007 Page 1 00 A-352
102
NOTE: The original staff proposal included a second strategy to deal with community
concerns on large commercial projects that involve more than just traffic generation or access
aspects. That proposal would have created a size threshold for a commercial project to
become elevated to a Special Use. Elevating the approval would allow the Commissioners to
review and evaluate the need for conditions like additional buffers, lighting limitations, and
perhaps even design standards for large commercial projects in addition to the traffic impact
mitigation and other safeguards in the public interest. Again, the development community
weighed in and suggested taking this part of the proposal in a different direction. Coastal
Carolina Today, an advocacy group representing commercial developers, suggested requiring
detailed design standards for all commercial projects over 50,000 sq. ft. but leaving the uses
as permitted rather than requiring individual evaluation of projects by the special use process.
While staff does not oppose this approach, our thought to date had been toward the more
individualized special use process where projects would be differentially evaluated on a
project-by-project basis. Staff feels if there is interest in pursuing "blanket" design standards,
we would like more time and a broadly collaborative effort to develop meaningful standards.
If the Commissioners desire for staff to pursue design standards a recommendation should be
sent to the commissioners for their consideration.
THIS IS A NEW SECTION IN THE ORDINANCE:
Section 69.18 Traffic Impact Analvsis - Before a nonresidential project is submitted for site
plan review, the applicant shall prepare a Traffic Impact Worksheet which will be
submitted to the Planning Department for verifICation.
(1) Where the worksheet indicates traffic generation of 100 peak hour trips based upon the
most current edition of the Institute of Transportation Engineers (ITE) Trip Generation
Manual, then the applicant will be required to perform a Traffic Impact Analysis.
(2) The applicant and/or his traffic engineer shall request a scoping meeting with the
Planning Director or his designee, the MPO Coordinator and an NCDOT Traffic Engineer
to determine the scope of the Traffic Impact Analysis study. Electronic communication
among parties may be utilized to facilitate the scoping process when necessary.
(3) All Traffic Impact Analysis studies shall be prepared by a licensed engineeringfirm that
has relevant experience to perform the requirements defined in the scoping process, and
shall be signed and sealed by a qualified professional engineer. To the extent applicable,
general guidance and standards for traffic impact analyses is outlined in a publication
entitled "Traffic Impact Study Standards" originally approved by the County
Commissioners on May 20, 2002.
(4) The completed study will be submitted to the Planning Director or his designee for
review and approval.
(5) In considering the results of the traffic impact analysis, the Planning Director, after
collaboration with the MPO Coordinator and NCDOT, may accept the recommendations of
the TIA or may require additional improvements based on identifiable cumulative impacts
1112/2007 Page 2 on A-352
103
or special public safety situations. The collaboration shall follow procedures already
established by the MPO for communication with all parties.
(6) The applicant will be notified with comments within 30 days of receipt ofthefinal TIA.
(7) Once the mitigation measures are agreed upon by the MPO, NCDOT and County, the
Wilmington MPO will prepare a memorandum approving the Transportation Impact
Analysis and identifying the transportation improvements necessary to accommodate the
proposed development. Mitigation measures required as part of the TIA acceptance shall be
included in the final site plan submitted for review.
(8) Appeals - Within 10 working days of a decision on required mitigation measures, an
applicant may appeal the decision through the Board of Adjustment in the form of a letter
stating the reasons for appeal and including documentation in support of the appeal. In
hearing disputes, the Board of Adjustment may request an independent study by an outside
source, chosen by the County and paid for by the applicant, to resolve questions of traffic
impact and appropriate mitigation thereof.
ACTION REQUIRED:
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 as presented herein is
(or is not):
1. Consistent with the purposes and intent of land use policies adopted in the 2006 land
use plan;
2. Reasonable and in the public interest to establish a method for regulating significant
traffic impacts on nonresidential projects on the same basis as for residential
subdivisions and special uses in the county.
10/26/2007 Page 3 00 A-352
104
Traffic Impact Worksheet
Prior to submission of nonresidential site plan, this worksheet must be prepared. A
Traffic Impact Analysis will be required for all projects generating 100 peak hour trips
or more. The scope of the TIA shall be determined by concurrence of the Planning
Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures
required must be included in the final site plan submitted for review.
PROJECT NAME
PROJECT ADDRESS
DEVELOPERJO~ER
EXISTING ZONING
GROSS FLOOR AREA sq. ft.
NEAREST INTERSECTION
BEFORE PROPOSED PROJECT
Average Daily Traffic (Date)
LEVEL OF SERVICE (LOS)
ITE MANUAL TRAFFIC GENERATION ESTIMATE:
"ITE Manual available at Planning Department
USE AND VARIABLES:
(Example: Racquet Club; 8 courts; Saturday peaks)
AM PEAK HOUR TRIPS PM PEAK HOUR TRIPS
(Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping
meeting with Planning Department)
Person Providing Estimate
Peak Hour estimate confirmed by Planning Department on
(Date)
By
105
. Page 1 of 1
O'Keefe, Chris
From: Carey Disney Ricks [carey@wrar.com]
Sent: Friday, September 07, 2007 4:42 PM
To: O'Keefe, Chris
Subject: Comments addressing text proposal for TIA
Attachments: RCA response to NH CO.doc
Dear Chris,
Please include the attached letter sent to the Planning Board and staff on Tuesday, September 4th, 2007 in the Commissioner's
package for consideration. We appreciate the opportunity.
Carey Disney Ricks
Governmental Affairs Director
Wilmington Regional Association of REAL TORS@ and the
REAL TORS@ Commercial Alliance of Southeastern North Carolina
!SIG:46elb7aa168491189914760!
917/2007
106
.
Wilmington Regional Association of REAL TORS@ and the
REAL TORS@ Commercial Alliance of Southeastern North Carolina
Governnu:ntal Affairs
August 31, 2007
On behalf of the Wilmington Regional Association ofREALTORS@ and the
REALTORS@ Commercial Alliance of Southeast em North Carolina representing New
Hanover County's residential and commercial REALTORS@ I want to thank you for this
opportunity to submit some points of clarification and request for resolution regarding the
text amendment proposal Traffic hnpact Review Process and the Special Use Permit
requirements for commercial projects greater than 25,000 sq ft.
I attended the August 23rd Planning Board work session at which time the support
document Zoning Text Amendment for Article VI, Creating Section 69.18: Traffic
Impact Review Process and Section 72.39 Large Non-residential Development Projects
was reviewed. We agree with and support the consensus of the Planning Board and staff
at that work session to delay action on the application of a special use permit for the
larger non-residential projects. It has been our position that more specified long range
planning techniques instituted to improve the aesthetics and functionality of future
development would better serve the desired community cohesiveness and impact rather
than blanket and varying applications of more punitive review. Such long term planning
techniques that we have suggested include the creation of an overlay district wherein
community, stakeholders and the County Commissioners participate in the long term
vision for a community, and how this vision and development can work in accord.
It is the Traffic Impact Review Process and the Administrative Process for a Traffic Plan
Review that I would like to provide some opinion and request resolution. During that
meeting, several items within the Traffic Impact Review Process proposal were
deliberated on, several that I had the opportunity to submit comment to staff and the
members of the Planning Board. With consideration of the methodologies for review,
items a and c refer to a site plan review hold and the pending recommendations of three
entities, the Planning Director, the MPO Coordinator and the NCDOT Traffic Engineer.
It was discussed by the Planning Board that review was subject to the personalities of
those three individuals involved, and that subjectivity was inevitably part of the process.
It was with this consideration that I and others expressed some need for a defined review
process utilizing approved MPO and ITE standards be included in the proposed language.
I additionally requested that the review process be given an acceptable period of time for
completion with the addition of an appeals process to reflect some relief for applicants
whose projects were delayed beyond an acceptable period of time for review. This appeal
was to include a mechanism wherein the applicant could appeal to the County
Commissioners to expedite the rendering of compliance.
107
.
Michael Koslosky, Senior Transportation Planner with the City of Wilmington and MPO
responded that most review, once initiated, is generated in about a month. He could not
commit to a time wherein review would be initiated. While non-residential review in the
City of Wilmington is being used as the model for this proposal, please let me emphasize
as was clarified for me during the work session that the City of Wilmington can conduct
the site plan review concurrently with traffic impact analysis. That is not the proposal for
New Hanover County. The County document titled Administrative Process for a Traffic
Plan Review clearly states that "the site plan review process is on hold until the TIA is
provided and traffic improvements recommended are evaluated by the Planning Director,
the MPO Coordinator, and the NCDOT Traffic Engineer". As Mr. Koslosky stated prior,
it would take an undetermined amount of time to initiate the review, another period of
time to conduct it, and any additional times for deliberation by these said entities. The
exorbitant costs associated with delaying a commercial development project, the negative
economic impact of that delay, and the potential outright discouragement of commercial
growth in an already highly sensitive New Hanover County commercial market should
not be disregarded. There should also be great consideration placed on the lack of an
abundance of traffic engineers in our area to conduct the necessary analysis and review
required ofthe applicant and any resulting traffic remediation measures so required. It is
with this consideration that non-residential projects proposed for New Hanover County
would be at a distinct disadvantage to non-residential projects proposed within City limits
or in other neighboring and welcoming counties and we would recommend that
consideration of this additional review be delayed until a more equitable and efficient
mechanism for review can be explored.
I would also like to respond to a proposal submitted by a work session audience member
for consideration during the Planning Board work session, a proposal regarding a
modified threshold or trigger for non-residential traffic impact analysis of 1,000 average
trips per day. The existing standards set at 100 peak hour trips are represented in the ITE
guidelines, as is an established parameter for DOT permitting at a 3,000 average day trip
trigger. Arbitrarily picking a 1,000 average day trip trigger in addition to the 100 peak
hour trips is overly punitive, random and does nothing to address the issue at hand: peak
hour traffic considerations, roadway or intersection remediation. The unnecessary burden
and time constraints to the non-residential development review process again pose what
could be unrecoverable challenges to our region's commercial economy, and we are in
objection to its introduction. Additionally, modified traffic review standards should be
applied unilaterally, i.e. to include residential and special use permits, rather than single
out non-residential development as was initially proposed. If a more efficient traffic
review process can be established to occur concurrently with the site plan review, we
would recommend that only approved ITE / MPO / DOT standards be applied to include
the 100 peak hour trips or the 3,000 day trip trigger for ingress and egress and that is be
applied equitably.
Thank you for this opportunity to respond to this item and we look forward to
participating in future considerations of efficient and effective long range planning
mechanisms and traffic review.
108
Carey Disney Ricks
WRAR and RCASENC Governmental Affairs Director
Representing New Hanover County's REALTOR@ Community
109
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110
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Regular Item #: 6.6 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Public Hearing
Modify Conditional Rezoning (Z-838, 4/06, 4/07) - Request by Shanklin and Nichols, PA for Mason landing Yacht
Club, llC to Modify Existing Conditional District in the Resource Protection land Classification located at or near
2029 Turner Nursery Road to Add 4.7 Acres from R-20S Residential District to the Existing CD(R-20) Conditional
Residential District (Continued from the May 7, 2007, June 4, 2007 and July 9,2007 Commissioners Meetings and
Re-scheduled for Final Disposition in November 2007)
BRIEF SUMMARY:
At its April 5, 2007 meeting, the Planning Board recommended approval of the request by a vote of 7-0. One adjacent
property owner expressed concern for the need for fire hydrants and requested additional trees to buffer the boundary with
Register Place. The Planning Board recommendation includes one additional condition that the vegetative buffer between
Register lane and the proposed Nautica Yacht Club Drive be increased to at least a two-row opaque buffer.
The Commissioners continued this item from the May, June and July agendas. The applicant was given a final continuance
until November to obtain control over all the property. Applicant has now submitted a modified version of the proposal with
the unsecured property removed from the proposal and a change in the overall requested zoning.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve or deny the conditional use rezoning portion of the request.
If the zoning is approved the County Commissioners must approve or approve with conditions the accompanying special
use permit.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
Z-B38 Staff Summary.MODIFIED Findings of Factdoc Z.B38.Pelilion Summary.doc
adjacent property map, Z-838 (5/06) map amendment and special use order applicant materials: application amendment
statement, revised legal description (narrative and map), and site plan
111
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
The rezoning was approved 5-0.
The conditional uses as recommended, the petitioner and neighbors' agreed upon conditions 1 a-h with an added 10:30
p.m. time restriction for live music, plus the condition that a certificate of occupancy on 17 lots will not be issued until public
sewer is available was approved 4-1, Commissioner Pritchett voting in opposition.
112
CASE: Z-838, 4/06; modification 4/07 APPLICANT: Mason Landing Yacht Club
REQUEST: R-20S Residential to CD (R-15) Residential-ll.35 acres
R-20S Residential to CD (R-20) Residential- 4.7 acres
Add ~ 4.7 Acres to existing 11.35 acres
Add 18 2..residential units to existing 25 units for total 4.! 34 units
ACREAGE: Modified total.J:..+...&e 16.05 acres (includes 1.49 acres water)
LOCATION: 2029 Deep Creek Run (formerly Turner Nursery Road)
LAND CLASS: Watershed resource Protection and Conservation-The purpose of the
Conservation class is to provide for effective long-term management and
protection of significant, limited or irreplaceable natural resources while
also protecting the rights of the property owner. Management of these
areas may be required for a number of reasons, including natural, cultural,
recreational, productive or scenic values, but are primarily flood prone
areas.
PLANNING BOARD ACTION: At its April 5, 2007 meeting, the Planning Board
recommended approval ofthe request by a vote of 7-0. One adjacent property owner
expressed concern for the need for fire hydrants and requested additional trees to buffer the
boundary with Register Place. The Planning Board recommendation includes one additional
condition that the vegetative buffer between Register Lane and the proposed Nautica Yacht
Club Drive be increased to at least a two-row opaque buffer.
The Commissioners continued this item from the May, June and July agendas. The applicant
was given a final continuance until November to obtain control over all the property. Applicant
has now submitted a modified version of the proposal with the unsecured property removed from
the proposal and a change in the overall requested zoning.
STAFF SUMMARY:
The property is located on Deep Creek Run approximately I,4 mile east from Middle Sound Loop
Road. The current land use on the site is vacant land. Last year 11.46 acres were conditionally
rezoned from R-20 to R-15 for 25 residential units and the commercial marina with up to 60 wet
slips. All of the surrounding properties are zoned R-20S. Properties west of Middle Sound Loop
Road in this general vicinity are zoned R -15 residential.
The applicant proposes adding:f.:(,9 4.7 acres as a conditional CD(R-20) district to an existing CD
(R-15) district. The chanJ!e allows a performance residential development rather than a
conventional subdivision as required bv the R-20S zoninJ!. The existing conditional rezoning
maintained the commercial marina with 60 wet slips and proposed 25 housing units. This zoning
change is consistent with the county's policies for growth and development since the overall
project density will be limited to g 1.9 units per acre and the overall impervious coverage is
limited to 25%.
NOTE: At the Planning Board meeting, the applicant's attorney expressed the desire to keep the
old boat ramp on the property for the purposes of emergency use during storm events. The May I,
2006 approval included a statement by Attorney Ken Shanklin that ". . .due to concerns of the
neighbors and limiting the impervious surface, the boat ramp has been removed from the proposed
project. "In response to questions by the Planning Board relating to control of the proposed
Page 1 of3
113
"emergency only" use, applicant indicated the ramp could remain chained off when not being used
for emergency purposes. He stated they would not "use the ramp every day" but only in emergency
transactions and situations.
ACTION #1 NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting
or rejecting any zoning amendment, the governing board shall adopt a statement describing
whether the action is consistent with an adopted comprehensive plan and explaining why the
board considers the action taken to be reasonable and in the public interest."
EXAMPLE:
The County Commissioners find that this request for zoning map amendment of 4.70 acres from R-
20S Residential District to CD(R-20) Conditional District is (or is not):
1. Consistent with the purposes and intent of the Watershed Resource Protection land
classification and the associated land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to allow addition of acreage outside the flood
plain to an existing conditional residential district with base density of 1.9 units per
acre in this location and under the terms and conditions outlined in a companion
special use permit.
Because this is a modification to a conditional district, staff has the following findings of fact
for your consideration and for the petitioner's concurrence:
Preliminary Staff Findings
1. The Board must find that the use as modified will not materially endanger the public
health or safety where proposed and developed according to the plan as submitted
and approved.
A. The added property would be served by the southside treatment plant through the
NEI which is currently under moratorium. Private sewer and private water will be
provided by the developer.
B. The property to be added is not in the 100-year floodplain.
C. Access to the property is from Mason Landing Road via Middle Sound Loop
Road. A new road called Nautica Yacht Club Drive will vrovide additional
access to Mason LandinI! Road.
D. Fire service is available from the Ogden Fire Department.
E. The applicant stated that each property within the subdivision will be served by a
wet slip within the marina approved under Special Use permit S-556.
F. Applicant stated that if the ramp were allowed to remain in place for emergency
purposes only, it could remain chained except when used for those purposes,
2. The Board must find that the use as modified meets all required conditions and
specifications of the Zoning Ordinance.
A. The modified site plan shows a total of.g 34 residential units, the maximum
number allowed ifthe entire site were R-20S could be 35 units.
B. The proposal increases the overall project area by 4.7 acres or about 40%
C. The amount of recreational space (common area) exceeds the requirements of the
ordinance.
D. The amount of impervious surface is shown at the maximum of 25%.
Page 2 of3
114
E. The parking requirement is satisfied.
F. No buffering is required, but additional buffering along the boundary with Register
Place Subdivision is a recommendation from the Planning Board.
3. The Board must find that the use as modified will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity.
A. No evidence has been submitted at the time of these preliminary findings that this
project will decrease property values of commercial uses nearby.
B. The land use on this new addition has been primarily vacant land within a
Residential R-20S zoning district.
4. The Board must find that the location and character of the use if developed according
to the plan as submitted and approved will be in harmony with the area in which it is
to be located and in general conformity with the plan of development for New
Hanover County.
A. The 2005 CAMA update identifies the additional area as Watershed Resource
Protection
B. Residential development at the proposed R-20 density occurs mainly in the
surrounding area. The existing R-20S is established to foster an "exurban, low
density lifestyle" where public services are not available.
Suggested Conditions
1. Staff supports the Planning Board recommendation for additional
buffering to separate the development from Register Place.
2. Staff supports allowing the boat ramp to be reestablished under S-556 for
emergency use during storm events. Use at other times would be
prohibited in accordance with the applicant's presentation.
ACTION #2 NEEDED:
(Choose one)
1. Motion to Grant the companion special use permit (with or without
recommended conditions)
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to Deny based on specific negative findings in any of the 4 categories
above, such as lack of consistency with adopted plans or determination that
the project will pose public hazards or will not adequately meet requirements
of the ordinance.
Page 3 of3
115
Case: Z-838, 04/07
Petition Summary Data
Owner/Petitioner: Mason Landing Yacht Club
Existing Land Use: Commercial Marina and vacant land
Zoning History: R-20 May 18, 1970 (#3); R-20S December 7, 1981; May 1,2006
adjacent rezoned to CD(R-15)
Land Classification: Watershed Resource Protection and Conservation
Water Type: Private community well
Sewer Type: County Sewer (commitment for 17 of the original lots ) plus septic
for the remainder until public is available
Recreation Area: Ogden Park
Access & Traffic Volume: Mason Landing to Middle Sound Loop Road - ADT
(04/05) LOS is A&B in this segment, meaning traffic
volume is well under capacity ofthe roadway.
Fire District: Ogden VFD
Watershed & Water Quality Classification: Pages Creek-SA waters
Aquifer Recharge Area: Shallow water table, fresh water over salty water
ConservationlHistoricl Archaeological Resources: NI A
Soils: Seagate fine sand; Leon soil; Murrayville fine sand -Class II and Class III
respectively
Septic Suitability: Moderately Suitable to severe limitations
Schools: Ogden Elementary
116
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117
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No.3
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED May 18, 1970
CASE: Z-838, 5/06
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area No.3 is hereby amended by removing the hereinafter
described tracts from the R-lOS Residential Zoning District Classification and placing them in the
CD (R-15) Residential Zoning District Classification, said land being described as follows:
Parcell:
BEGINNING AT THE INTERSECTION OF THE SOtmIERN RIGHT OF WAY LINE OF MASON
LANDING ROAD (60' PUBLIC RlW), AND THE EASTERN lUGHI' OF WAY LINE OF TIJRNER.
NURSBRYROAD (Sa 1406,40' PUBLIC R/W). THENCE. PROM SAID BEGINNING POINT,
ALONG AND WI1l:I SOUtHBRN RIGHT OF WAY OF MASON LANDINO ROAD, NORTH 87
DEGREES 01 MIN1JTES 33 SECONDS BAST 283.79 FEET TO AN BXlSTING IRON PIPE, THENCE
CONTINUING ALONG SAID RIGHT OF W A Y, NORm 87 DEOREBS 10 MINUTES 08 SECONDS
BAST 6S.27 PEET TO AN EXISTING IRON PIPE. THENCE CON'IINUINO ALONG SAlD RIGfIT OF
WAYNORllU6DEORBES 51 MIN't1'J:"ES 38 SECONDS EAST 170.46 FBBTTO A POINT, SAID
POINT ALSO BElNG LOCATED SOUTH 74 DEORBBS 44 MINUTBS 25 SECONDS WEST 129.48
PEET FROM A RAILROAD SPII<B LOCATED IN THE CENT.ER UNE IN'.I'BR.SBCTION OF MASON
LANDING ROAD WHERE IT TAKES A NORTHERLY TI.1RN. nmNCS SOUTH 47 PEORBBS OJ
.MINUTES 3S SECONDS EAST 1089.26 PEET TO A RED STONE. THENCB SOUTH 34DEORBBS 37
MINUT.BS 10 SBCONDS WEST 73.82 FEET TO A POINT. THENCE SOUTH 49 DEGREES 16
MlNUTB8 20 SECONDS BAST 469.00 FBBT TO A POINT IN THE INTRA.coASTAL WATBRWAY.
THBNCB SOUTH 36 DEOREBS 36l1.UNUTBS 54 SECONDS WBST 99.94 FBET TO A Po.lNT IN TIm
WATERWAY. THENCE NORTH 47 DEGREES 55.MlNlJTBS 42 SECONDS WEST 466.80 PBBT TO A
POINT. nmNCB NORm 46 DEGRBBS SO MINUTEs 42 SBCONDS WEST 499.98 FEST TO AN
OLD STONE. TIlBNCE NORm 36 DEGRBBS SS MlNUrBS 51 SBCONDS WEST 17.98 FEBT TO A
POINT. THENCE SOUfH S3 DBORBES 12 MlNUT.BS 10 SBCONDS WEST 81.19 FEBT TO APOlNT.
THENCE soum S3 DEORBBS 03 MlNUTBs 20 SBCONDS WB8T 216.89 FEET TO AN EXISTING
"RON PIPE. THENCE CONTINUING THE SAME COURSE 19.85 FBm' TO AN IRON PlPB SET IN
fHB EASTERN RIGHT OF WAY OF TURNER NURSERY ROAD. nIBN'CB ALONG AND WITH
THE EASTERN RIW OF SAID ROAD. NORm 35 DBORBBS 55 MINUTES 19 SBCONDSWBST
286.74 FEET TO AN IRON PlPB SET. SAID IRON PIPE ALSO BEING LOCATED NORTH 50
DEORBBS 54MlNUTBS 11 SBCONDS EAST 19.07FEBTFR.OMARAlLR.OAD SPIKBlNTHB
CENT.BRLINB OF SAID ROAD. tHENCE ALONG AND WlTH SAID RIGHI' OF WAY, NORTH 41
DEGREES 04 MINU'TBS t 7 SECONDS WEST 355.64 PEET TO A DOT R1W MONUMENT. nmNCE
ALONG AND WITH SAID RIGHT OF WAY NOR.m 46 DEGREES 19 MINUrES 57 SECONDS WEST
265.34 FEET TO THE POINT OF BEGINNING. CONTAINING 10.01 ACRES.
-
Parcell:
Z-838
Page 1 of2
118
(
,
CO:M!\IIENCE AT THE INTERSECTION OF THE SOUTIlERN RIGHT OF WAY LINE OF MASON
LANDING ROAD (60' PUBLIC R/W). AND THE EASTERN RIGHT OF WAY LINE OF TURNER
NURSERY ROAD (SR 1406, 40' PUBLIC RIW). THENCE SOUTH 87 DEGREES 27 MINUTES 04
SECONDS WEST 57.62 PEET TO A DOT J!JW MONUMENT AT THE INTERSECTION OF SOUTHERN
RfW OF MASON LANDING, AND WEST RIW OF TURNER NURSERY ROAD. mENCE ALONG
AND W1TII WasTERN RlW OF TURNER NURSERY ROAD SOUTH 46 DEGREES 37 MlNUTBS 37
SECONDS EAST 303.82 FEET TO A DOT RJW MONUMENT m TaE WESTERN R!W OF TURNER
NURSERY ROAD. THENCE ALONG AND WITH SAlD R/W SOUTH 41 DEGREES 04 MINUTES 17
SECONDS BAST 90.80 FEET TO TIm POINT OF BEGINNING. THENCE FROM SAID POINT OF
BEGlNNlNG SOUTH 41 DEGREES 04 MINUTES 17 SECONDS BAST 260.76 FEET TO A DOT R/W
MONUMENT. SAlD R/W MONUMENT ALSO BEING LOCATED SOUTH 52 DEGREES 02 M1NUT.BS
56 SECONDS WEST 20.98 FEET FROM A RAILROAD SPIKE IN THE CENTERLlNB OF TURNER
NURSERY ROAD. THENCE soum 3S DEGREES 55 MINUTBS 19 SECONDS EAST 81.64 FEET TO
ANlRON PIPE SET. THENCE, Bourn 53 DEGREES 49 MINUtES 13 SECONDS WEST 168.20 FEET
TO AN EXISTING IRON PIPE, THENCE, NORTH 41 DEGREES 51 MINUTES 42 SECONDS WEST
334.76 FBBT TO AN BXIS"I"ING IRON PIPE. THENCE, NORTH 49 DBORBBS 15 MINUTBS 18
SECONDS BAST 180.07 FEET TO THE POINT OF BEGINNING. CONTAINING 1.39 ACRES MORE
OR LESS, AND BEING THE SAME AS DESCRIBED IN DEED BOOK 4959 PAGE 2639 OF THE NEW
HANO~ COUNTY REGISTRY.
Section 2. The County Clerk is hereby authorized and directed d th . .
Commissioners to Change the Zoning Map Area No 3 u~l er. e~upe;IslOn of the County
Commissioners, so as to make it comply with this ordin~ce~n I e ill e 0 ce of the County
Section 3. Any ordinance or any part of an di . ..
of such conflict, is hereby repealed. y or nance ill conflict WIth this ordinance, to the extent
Section 4. This ordinance is adopted in the interest of public health safety ra1 d
:::~:::~~i:~ i~:~~~~~:ty of New Hanover, North Carol~a, and S~~l b~:: fu~e:::c~
Adopted the 1st day of May 2006.
1l~
Attest: Robert G. Greer, Chairman
~~\~ \ ~ \j,~~
Sheila Schult, Clerk to the Board
Z-838
Page 2 of2
119
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For 25 residential units in a CD(R-15) Zoning District
Z-838, 04/06
The County Commissioners for New Hanover County having held a public hearing on May 1, 2006 to
consider application number Z-838 submitted by Mason Landing Yacht Club, LLC for a special use
pennit, companion to the conditional rezoning request, to locate a twenty-five (25) residential units in a
CD(R-15) Residential District located at 2029 Turner Nursery Road and having heard all of the evidence
and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the
following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is developed in
accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general
requirement listed in the Ordinance; namely that the use will not materially endanger the public health
or safety if located where proposed and developed according to the plan as submitted and approved.
In support of this conclusion. the Commissioners make the following FINDINGS OF FACT:
A. The property has county sewer and private utility water service.
B. The subject property along the boat basin is located within a IOO-year flood area.
C. Access to the marina will be from Mason Landing Road via Middle Sound Loop Road.
D. Fire service is available from Ogden Fire Department.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second.
general requirement listed in the Ordinance; namely that the use meets all required conditions and
specifications. In support of this conclusion, the Commissioners .make the following FINDINGS OF
FACT:
A. The site plan shows twenty-five (25) residential units, the maximum number allowed
under the performance residential in an R -15 Residential zoning district.
B. The amount of recreational space is 2.7 acres.
C. The amount of impervious surface is 24.9%.
D. The residential parking requirement is satisfied on the site plan.
E. No buffering is required.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third
general requirement listed in the Ordinance; namely that the use will not substantially injure the value
of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
A. No evidence has been presented that this project will decrease property values of nearby
uses.
B. The land use on this property has been a commercial marina within a residential district
for 23 years.
5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth
general requirement listed in the Ordinance; namely that the location and character of the use if
developed according to the plan as submitted and approved will be in harmony with the area in which
120
it is to be located and in general conformity with the plan of development for New Hanover county.
In support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The 2005 CAMA Land Use Plan update identifiees this area as Conservation and
Watershed Resource Protection.
B. Residential development at this density occurs frequently throughout the Middle Sound
area.
6. Therefore, because the County Commissioners conclude that all of the general and specific conditions
precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that
the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached
site plan:
Ordered this 1st day of May, 2006
(iiJM-
Robert G. Greer, Chairman
~\~ L~o\~
Sheila L. Schult, Clerk to the Board
121
APPLICANT MATERIALS
122
AMENDMENT TO
APPLICATION FOR SPECIAL USE PERMIT
AND CONDITIONAL DISTRICT REZONING
OWNER!
APPLICANT: Mason Landing Yacht Club, LLC
CASE No.: Z-838,4/06
AGENT: Kenneth A. Shanklin
Matthew A. Nichols
SHANKLIN & NICHOLS, LLP
DATE: October 22, 2007
PROPERTY: 2029 Turner Nursery Road (now called "Deep Creek Run")
Wilmington, New Hanover County, NC
Applicant, Mason Landing Yacht Club, LLC, amends its current application as follows:
1. The Allison Property is withdrawn,
2. The number of lots in Phase II has been reduced.
3. Applicant requests that the proposed R-15(CD) zoning district in Phase II be
changed to R-20(CD). The present zoning district is R-20S. The reason for the
R-20(CD) designation is because R-20S zoning districts do not permit a
performance residential classification and the attributes of that design. The
revised site plan incorporates all of the comments and recommendations of the
Planning Board.
123
Revised Legal Description for
Mason Landing Yacht Club Expansion
Rezoning Area from R-20S to (CD)R-20
BEGINNING at a point in the southern boundary of Mason Landing Road (S.R.
1404), a 60' public right-of-way; said point being located North 79044'28" East,
20.98 feet from the intersection with the northeastern boundary of Register Lane,
a 40' private right-of-way, recorded among the land records of the New Hanover
County Registry in Map Book 39, at Page 320; and running thence from the point
of beginning with the boundary of Mason Landing Road, North 79009'36" East,
270.74 feet to a point; thence leaving the right-of-way, South 51059'14" East,
96.43 feet to a point; thence South 52010'16" East, 346.94 feet to a point; thence
North 52049'57" East, 191.87 feet to a point in the southwestern boundary of
Deep Creek Run (S.R. 1406), a 45' public right-of-way; thence with that
boundary, South 46037'37" East, 23.11 feet to a point; thence South 41004' 17"
East, 90.80 feet to a point; thence leaving the right-of-way, South 49016'42"
West, 180.07 feet to a point; thence South 41050'18" East, 334.76 feet to a point;
thence South 53050'36" West, 157.99 feet to a point; thence North 47025'11"
West, 328.70 feet to a point; thence North 57000'40" East, 2.50 feet to a point;
thence North 52059'20" West, 706.44 feet to the point and place of beginning,
containing 4.70 acres, more or less.
124
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126
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Regular Item #: 6.7 Estimated Time: Page Number:
Department: Planning Presenter: Wanda Coston
Contact: Wanda Coston
Item Does Not Require Review
SUBJECT:
Public Hearing - 2007 North Carolina (NC) Small Cities Community Development Block Grant (CDBG) Program -
Scattered Site Housing Program (SSHP) CDBG # 07-C-1667
BRIEF SUMMARY:
The 2007 SSHP is the third non-competitive grant, in this category, to be awarded to the County. Projects must include
activities in which a majority of the funds are directed toward improving, preserving, or developing residential areas;
address the national objective of benefiting low and moderate income persons; and/or aid in the prevention or elimination of
slums and blight. New Hanover County is one of 33 counties in the State to receive $400,000 in non-competitive funds, to
be used to implement a housing program to benefit very low-income owner-occupied households. County funding is not
required.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Request adoption of the New Hanover County Citizen Participation Plan and Resolution in accordance with Section .1002
Citizen Participation of the North Carolina CDBG Regulations (4NCAC19l).
Request that the Commissioners approve the $400,000 SSHP grant award and budget amendment 2008-49 and authorize
the Chairman to sign the associated grant forms.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: FUNDING SOURCE: North Carolina Department of Commerce, Division of Community Assistance
ATTACHMENTS:
~ ~ ~
,......, ........
. -- - - -. -
Citizen Participation Plan , D-20-03.dos S S H P Re$olution ,doc 200g.49 , O.24.07,doc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
The plan and resolution were approved 5-0. The grant award and budget amendment 2008-49 were approved and the
Chairman authorized to sign the forms 5-0.
127
NEW HANOVER COUNTY CITIZEN P ARTICIP ATION PLAN
New Hanover County shall provide citizens with sufficient opportunity for meaningful
involvement on a continuing basis and provide for participation in the planning, implementation and
assessment of the Community Development Block Grant (CDBG) Program. New Hanover County shall
provide adequate information to the public, allow for timely responses to citizens' complaints, conduct a
public hearing at the initial stage of the planning process, prior to the submission of an application, and
prior to the closeout of the CDBG program to provide an opportunity for citizens' comments on the
program performance. Additional public hearings will be held as appropriate. The New Hanover County
Board of Commissioners will conduct all public hearings.
As appropriate, representatives of the County will meet with community leaders and groups prior
to public hearings; conduct informational meetings in proposed project areas, and distribute notices of
public hearings and meetings to residents in a proposed project area. The County may also distribute
notices of public hearings and meetings to local community action agencies, legal services and other
public and private organizations that primarily serve low and moderate income persons. A Selection
Committee shall serve as a mechanism for providing continued citizen involvement and participation in
the CDBG target area as a project progresses and will provide updates and reports to the New Hanover
County Board of Commissioners.
New Hanover County will solicit translators when public hearings involve non-English speaking
participants/ residents.
I. Citizen Participation Plan in the Application Process.
To ensure that citizen participation requirements are being met in the application process, the
County will utilize the following procedures:
A. Solicit and respond in a timely manner to proposals and comments of citizens, particularly
low and moderate income persons, minority groups, and residents of slum and blighted areas.
The County shall respond in writing to written citizen comments within ten (10) calendar days of
receipt of the comments.
B. Provide in an appropriate and timely manner to all citizens' notices of public hearings and
make them understandable to all citizens, particularly non-English speaking persons. Hearings
will be held at convenient locations and times for potential or actual beneficiaries and must
accommodate the disabled and handicapped. The notice of public hearing shall be published at
least once in the non-legal section of a newspaper having general circulation in the area. A notice
shall be published not less than ten (10) days or more than 25 days before the date scheduled for
the hearing. The notice of public hearing is to obtain citizens' comments after a draft application
has been completed, but prior to the submission of the application to the North Carolina
Department of Commerce, Division of Community Assistance (DCA).
C. Public hearings will be conducted to obtain citizens' comments and to respond to citizen
proposals at times and locations which provide for general public participation, particularly by
low and moderate income persons, minority groups and individuals, disabled and handicapped
1
128
persons, and property owners! residents of slum and blighted neighborhoods and project areas.
D. Schedule at least one public hearing during the planning process to provide citizens the
opportunity to express opinions and recommend proposals prior to the development of the
application.
E. Schedule one public hearing after the application has been completed, but before
submission of the application to DCA.
F. Persons objecting to the approval of an application by DCA shall submit their objections
in writing to DCA. DCA will consider objections made only on the following bases:
1. New Hanover County's description of the needs and objectives is clearly inconsistent
with available date and facts;
2. The activities to be performed are clearly inappropriate to addressing the needs and
objectives identified by the County; and
3. The application does not comply with the requirements of Section .1002, Citizen
Participation of the North Carolina CDBG Regulations (4NCACI9L) or the New
Hanover County Citizen Participation Plan.
G. Such objections shall include an identification of the requirements not met. In the case of
objections made on the basis that the description of needs and objectives are clearly inconsistent
with relevant, generally available data and facts, the objection shall include the data and facts that
the objection is based upon.
II. Citizen Participation in the Program Amendment Process
To ensure that the requirements in the program amendment process for citizen participation are
being met, New Hanover County will utilize the following procedures:
A. An amendment(s) requiring prior DCA approval may also require a public hearing. If a
public hearing is required, it shall be held in accordance with Paragraph (I) (3) and (I) (4) of the
New Hanover County Citizen Participation Plan.
B. New Hanover County will respond to citizen objections and comments in the same
manner as in sub-paragraph (I) (I) of the New Hanover County Citizen Participation Plan.
C. Persons wishing to object to the approval of an amendment by DCA shall submit the
objection(s) in writing. DCA will consider objections submitted on the following basis:
1. New Hanover County's description of needs and objectives is clearly inconsistent with
available data and facts.
2. The activities to be carried out are clearly inappropriate to meeting the needs and
objectives identified by the County; and
3. The amendment does not comply with the requirements of Section .1002 Citizen
Participation of the North Carolina CDBG Regulations (4NCA 19L) or the New Hanover
County Citizen Participation Plan.
2
129
D. All objections shall identify the requirements not met. In the case objections are
submitted on the basis that the description of objectives and needs is clearly inconsistent with
relevant, generally available data and facts, the objection(s) must include the data and facts on
which it is based.
III. Citizen Participation in the Program Closeout Process
In order to ensure that the requirements of citizen participation in the program closeout process
are being met, New Hanover County will utilize the following procedures:
A. New Hanover County will conduct at least one public hearing to evaluate program
performance during the grant closeout process and prior to the actual closeout of the
grant.
B. New Hanover County will continue to solicit and respond to citizens' comments pursuant
to sub-paragraph (I) (1) of the New Hanover County Citizen Participation Plan until such
time as the grant program is closed.
IV. Citizen Participation During Program Implementation
Citizens will have the opportunity to comment concerning the implementation of a CDBG
program. New Hanover County will solicit and respond to comments and proposals in
accordance with sub-paragraph (I) (I) of the New Hanover County Citizen Participation Plan.
V. Persons may submit written comments to DCA at any time regarding New Hanover County's
failure to comply with the requirements of the New Hanover County Citizen Participation Plan.
VI. All records of public hearings, citizens' comments, responses to comments and other related
documents and papers shall be maintained and shall be accessible to all citizens in accordance
with Rule .0911 of the North Carolina Community Development Block Grant Regulations
(NCAC 19L).
VII. All written complaints received by New Hanover County concerning the CDBG program will be
responded to within ten (10) calendar days after receiving complaints. In addition, the project
administrator may schedule a meeting with the complainant within ten (10) calendar days after
receiving the complaint to discuss any problems he/she may have about a project(s).
\CDBG93\cit-part
3
130
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, the New Hanover County will receive a $400,000 Community Development Block
Grant (CDBG) to assist in promoting viable communities, "by providing decent housing and a suitable
living environment and expanding economic opportunities, principally for persons of low and moderate
income;" and
WHEREAS, the New Hanover County Board of Commissioners provides for and encourages
citizen participation by persons of low and moderate income who are residents of slum and blighted areas
in which CDBG funds are proposed to be used in low and moderate income neighborhoods as defined by
New Hanover County; and
WHEREAS, all citizens are provided with timely and reasonable access to meetings,
information, and records regarding New Hanover County's proposed and actual use ofCDBG funds; and
WHEREAS, a Selection Committee shall serve as a mechanism for providing continued citizen
involvement and participation in the CDBG Program and shall provide reports and updates to the New
Hanover County Board of Commissioners and provide input in establishing policies and selecting homes to
be assisted according to CDBG regulations and local priorities; and
WHEREAS, New Hanover County shall provide for public hearings to obtain citizen(s)
comments and respond to questions and proposals at all stages of the CDBG Program; including at a
minimum, the development of needs, the review of proposed activities and program performance, which
hearings shall be held after adequate notice, at times and locations accessible to potential and actual
beneficiaries, and with accommodations for the handicapped; and
WHEREAS, New Hanover County shall provide for a timely written response to written
grievances and complaints within ten calendar days; and
WHEREAS, New Hanover County shall identifY how the need of non-English speaking residents!
participants will be met in the event of public hearings where a significant number of non-English speaking
residents can reasonably be expected to participate.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners hereby authorizes the adoption of the New Hanover County Citizen Participation Plan in
accordance with Section .1002 of the North Carolina CDBG Regulations (4NCACI9L).
Adopted the 5th day of November 2007.
William A. Caster, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
131
AGENDA: November 5, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-49
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2008-49 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Community Development Block Grant
Department: Planning
Exnenditure: Decrease Increase
CDBG Scattered Site Housing:
Capital Proiect Expense $400,000
Total $400,000
Revenue: Decrease Increase
CDBG Scattered Site Housing:
CDBG Scattered Site Housing Grant $400,000
Total $400,000
Section 2: Explanation
To budget the third non-competitive 2007 North Carolina Small Cities Community Development Block
Grant - Scattered Site Housing Program in the amount of $400,000.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 2008-49 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
132
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133
This page intentionally left blank.
134
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Regular Item #: 7 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
SUBJECT:
Consideration of a Resolution of Support for Funding Intersection Improvements at Farley, Bavarian, College and
N. Kerr Avenue
BRIEF SUMMARY:
North Carolina Department of Transportation Board Member lanny Wilson and Senator Julia Boseman are pursuing funds
to make improvements to the following intersections: N. College Road and Bavarian Road, Bavarian Road and Farley Drive,
and Bavarian Road and North Kerr Avenue. These intersections have become increasingly dangerous and congested. Our
district engineer's office has requested that the Commissioners lend their support to this effort.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
.......,
-.- .
far1el' Intersection reo' 1-::--3-7.dos
REVIEWED BY:
lEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
135
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, New Hanover County is dedicated to promoting safe and efficient transportation
choices; and
WHEREAS, the intersections of North College Road and Bavarian Road, Bavarian Road and
Farley Drive, and Bavarian Road and North Kerr A venue are frequently congested and present hazards
to citizens of New Hanover County; and
WHEREAS, the above intersections are used by school buses, emergency vehicles and
numerous other public and private vehicles; and
WHEREAS, NC Transportation Board Member Lanny Wilson has requested Senate Bill 622
funds in the amount of $250,000 for improvements to these intersections; and
WHEREAS, Senator Julia Boseman has requested Contingency funds in the amount of
$250,000 in support of improvements to these intersections.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners supports the above funding for improvements to the intersections of North College
Road and Bavarian Road, Bavarian Road and Farley Drive, and Bavarian Road and North Kerr Avenue
to improve traffic flow and safety.
ADOPTED the 5th day of November 2007.
William A. Caster, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
136
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Regular Item #: 8 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
SUBJECT:
Consideration of a Resolution of Support for the Market Street Corridor Overlay District Study
BRIEF SUMMARY:
The Market Street corridor is currently a five-lane cross-section between Colonial Drive and Porters Neck Road. This
facility is designated by the North Carolina Department of Transportation as US 17 Business and is one of the main arterial
routes that carries traffic within the City of Wilmington and New Hanover County. Along this corridor there is a mix of retail
and residential land uses with a majority of the retail fronting on Market Street and the residential units accessing Market
Street via public side streets. There is a documented left-turn crash history along the corridor and the North Carolina
Department of Transportation has funded a Transportation Improvement Program project (U-4902B) that will implement
access management strategies between Colonial Drive and Porters Neck Road.
The Department of Transportation wishes to complete a corridor overlay study for Market Street that will develop and
implement strategies that integrate transportation and land use planning policies and principles. This overlay study would
promote inter-connectivity, encourage development patterns that are consistent with good planning principles and allow for
the development of an aesthetically pleasing community through the creation of an overlay zoning district. The overlay
zoning district would also promote multi-modal transportation and supply City and County staff with the ordinances
necessary to provide for the safe and efficient movement of people and goods throughout the region.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution of support for the Market Street Corridor Overlay District Study.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
,.....,.
. -. -
Hw'r' 17 over1crr' reo.doc
REVIEWED BY:
lEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved as revised 5-0.
137
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, Market Street (US Highway 17 Business) is one of the main arterial routes that carries
traffic within the City of Wilmington and New Hanover County; and
WHEREAS, Market Street is currently a five-lane cross section from Colonial Drive to Futch Creek
Road; and
WHEREAS, the Market Street corridor currently functions at levels of service ranging from D to F
between Colonial Drive and Futch Creek Road; and
WHEREAS, there is a documented crash history for left-turning movements along this corridor; and
WHEREAS, the North Carolina Department of Transportation has funded a Transportation Improvement
Program (TIP) project (U-4902B) that will implement access management strategies on Market Street between
Colonial Drive and Futch Creek Road; and
WHEREAS, some of these improvements have been installed with the development that has already
occurred along the corridor; and
WHEREAS, as these development opportunities occur, the integration of land use and transportation
planning becomes more and more essential to accommodate the regional growth; and
WHEREAS, an overlay zoning district could help staff to identify opportunities for the installation of
transportation improvements, recommend opportunities for inter-connectivity and evaluate the existing and
proposed land uses; and
WHEREAS, a Market Street Corridor Overlay District could help to guide development and ensure that
the development patterns are consistent with good planning principles; and
WHEREAS, a Market Street Corridor Overlay District could also permit the Wilmington Metropolitan
Planning Organization (MPO) to work with NCDOT, City and County staff to help prepare development
regulations that promote the safe and efficient movement of traffic while improving the aesthetics of the
community.
NOW THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners
hereby recognizes the importance of a Market Street Corridor Overlay District study and recommends staff from
New Hanover County partner with NCDOT, the City of Wilmington and the Wilmington MPO to prepare a
possible overlay zoning district that could promote development patterns that provide for the safe and efficient
movement of traffic while improving the aesthetics of the community along the Market Street corridor.
ADOPTED the 5th day of November 2007.
William A. Caster, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
(revised) - -~--~
138
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Regular Item #: 9 Estimated Time: Page Number:
Department: Governing Body Presenter: Chairman Caster
Contact: Sheila Schult
Item Does Not Require Review
SUBJECT:
Consideration of Nomination to the Coastal Resources Commission
BRIEF SUMMARY:
Governor Easley has written a letter soliciting nominations for the CRC's Marine Ecology representative. Dr. Courtney
Hackney of UNCW will be resigning from the Commission at the end of the year.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Make a nomination for appointment.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
letter and information from the Governor's Office
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Make a nomination.
COMMISSIONERS' ACTIONS/COMMENTS:
Chairman Caster has a nominee in mind, but he has not been able to speak with him yet. He will do so and poll the Board
for approval prior to recommending a nominee. The deadline is November 15, 2007.
139
IO\?-J1O( ~,u: IE ~ \VI [l; TI
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y~'. !
i NEW HMOVCR CO
V ~ ~ATE OF NORTH CAROLINA BO OF COMMISSIONERS
OFFICE OF THE GOVERNOR
20301 MAIL SERVICE CENTER. RALEIGH, NC 27699-0301
MICHAEL F. EASLEY \ \
GOVERNOR ~ Octob~r 15,2007
Mr. William A. Caster, Chairman ~ C-
New Hanover County Board of Commissioners
230 Government Center Dr., Suite 175
Wilmington, NC 28403
Dear Mr. Caster:
This letter is to advise you of an upcoming vacancy on the Coastal Resources Commission (CRC)
and to solicit nominations from your local government for an appointment to fill this vacancy. Dr.
Courtney Hackney of New Hanover County, the CRe's Marine Ecology representative, will be
resigning from the Commission at the end of this year. Dr. Hackney has served on the Commission
continuously since 1994, and earlier served a term from 1989-1992. He has been chair of the CRC
since April 2005. I am grateful to Dr. Hackney for his years of dedicated service.
The new Marine Ecology appointee will serve the remainder of Dr. Hackney's term, which ends
June 30, 2010. I will also appoint another member of the CRC to serve as chairman.
The Coastal Area Management Act of 1974 sets forth specific qualifications the nominees must
meet and a very detailed procedure that must be followed in making the appointments. The
qualifications are designed to provide the CRC with knowledge and experience in a diverse range of
coastal interests. A copy of these provisions, N.C. Gen. Stat. S 113A-I04, is enclosed for your
convenience, and I urge you to review it carefully.
The CRC provides oversight for implementation of the State's coastal program. It creates policies
and rules governing land use planning, beach access and development in designated areas of
environmental concern. The CRC also hears permit appeals and request for variances from coastal
management rules. Based on the current meeting schedule, serving on the CRC would require
attendance at six two-day meetings each year.
I trust you will give careful thought to nominating individuals with the interest, skill and dedication
to make an important contribution to the CRC. Prior to submitting a nomination, please contact your
nominee and make sure he or she is willing and able to devote the time necessary to serve, as the law
mandates regular attendance as a condition of CRC membership. In making your nominations, I
encourage you to give particular attention to suggesting the names of qualified women and minorities.
{; LOCATION: 116 WEST JONES STREET' RALEIGH, NC . TELEPHONE: (919) 733-5811
140
Each county and municipality may make one nomination. Please be aware the law specifies that the
member representing Marine Ecology shall be someone who does not derive any significant portion of
his or her income from land development, construction, real estate sales, or lobbying and does not
otherwise serve as an agent for development-related business activities.
Your nominee does not have to reside in your particular county or town. The Coastal Area
Management Act also provides that no more than two members of the CRC may reside in the same
county and no more than two members of the entire CRC may reside outside the coastal area.
r have enclosed a nomination form for your use. Please complete the form and return it by
November 15, 2007, to Sara A. Kusan, Director of Boards & Commissions, 20301 Mail Service
Center, Raleigh, NC 27699-030l.
I hope you will join me in efforts to insure the continued success of the North Carolina coastal
program by giving of your time to assist me in selecting a new member of the CRe. Our coastal
resources are critically important, and only through the nomination and appointment of highly
qualified and dedicated CRC members can we assure our resources will receive the protection they
deserve. Thank you for your help.
With kindest regards, I remain
MFE:jg
Enclosures
141
NOMINATION FORM
NORTH CAROLINA COASTAL RESOlJRCES COMMISSION
NOMINA TION CATEGORY: Marine Ecology
Name of Nominee
Home Address of Nominee
Telephone
Special Qualifications and Interest In:
Current Employment
Past Employment
Educational Background
County or Local Government Making Nomination
County or Local Government Official
Name
Title
Signature
RETURN FORM BY: November 15, 2007
TO: Sara A. Kusan
Director of Boards & Commissions
20301 Mail Service Center
Raleigh, NC 27699-0301
142
S 113A.I04. Coastal Resources Commission.
(a) Established. -- The General hereby establishes within the Department of Environment and Natural
Resources a commission to be designated the Coastal Resources Commission.
(b) Composition. -- The Coastal Resources Commission shall consist of 15 members appointed by the Governor, as
follows:
(1) One who shall at the time of appointment be actively connected with or have experience in commercial
fishing.
(2) One who shall at the time of appointment be actively connected with or have experience in wildlife or
sports fishing.
(3) One who shall at the time of appointment be actively connected with or have experience in marine
ecology,
(4) One who shall at the time of appointment be actively connected with or have experience in coastal
agriculture.
(5) One who shall at the time of appointment be actively connected with or have experience in coastal
forestry.
(6) One who shall at the time of appointment be actively connected with or have experience in coastal land
development.
(7) One who shall at the time of appointment be actively connected with or have experience in marine-
related business (other than fishing and wildlife).
(8) One who shall at the time of appointment be actively connected with or have experience in engineering
in the coastal area.
(9) One who shall at the time of appointment be actively associated with a State or national conservation
organizatio n.
(10) One who shall at the time of appointment be actively connected with or have experience in financing
of coastal land development.
(11) Two who shall at the time of appointment be actively connected with or have experience in local
government within the coastal area.
(12) Three at-large members.
(c) Appointment of Members. -- Appointments to the Commission shall be made to provide knowledge and experience in a
diverse range of coastal interests. The members of the Commission shall serve and act on the Commission solely for the best
interests of the public and public trust, and shall bring their particular knowledge and experience to the Commission for that
end alone. The Governor shall appoint in his sole discretion those members of the Commission whose qualifications are
described in subdivisions (6) and (10), and one of the three members described in subdivision (12) of subsection (b) of this
section. The remaining members of the Commission shall be appointed by the Governor after completion of the nominating
procedures prescribed by subsection (d) of this section, The members of the Commission whose qualifications are described
in subdivisions (1) through (5), (9), and (11), shall be persons who do not derive any significant portion of their income from
land development, construction, real estate sales, or lobbying and do not otherwise serve as agents for development-related
business activities. The Governor shall require adequate disclosure of potential conflicts of interest by members. The
Governor, by executive order, shall promulgate criteria regarding conflicts of interest and disclosure thereof for determining
the eligibility of persons under this section.
(d) Nominations for Membership, On or before May 1 in every even-numbered year the Governor shall designate and
transmit to the board of commissioners in each county in the coastal area four nominating categories applicable to that county
for that year. Said nominating categories shall be selected by the Governor from among the categories represented,
respectively by subdivisions (1), (2), (3), (4), (5), (7), (8), (9), (11) -- two persons, and (12) two persons, of subsection (b)
of this section (or so many of the above-listed paragraphs as may correspond to vacancies by expiration of term that are
subject to being filled in that year). On or before June 1 in every even- numbered year the board of commissioners of each
county in the coastal area shall nominate (and transmit to the Governor the names of) one qualified person in each of the four
nominating categories that was designated by the Governor for that county for that year. In designating nominating categories
143
from biennium to biennium, the Governor shall equitably rotate said categories among the several counties of the coastal area
as in his judgment he deems best; and he shall assign, as near as may be, an even number of nominees to each nominating
category and shall assign in his best judgment any excess above such even number of nominees. On or before June 1 in every
even-numbered year the governing body of each incorporated city within the coastal area shall nominate and transmit to the
Governor the name of one person as a nominee to the Commission, In making nominations, the boards of county
commissioners and city governing bodies shall give due consideration to the nomination of women and minorities, The
Governor shall appoint 12 persons from among said city and county nominees to the Commission, The several boards of
county commissioners and city governing bodies shall transmit the names, addresses, and a brief summary of the
qualifications of their nominees to the Governor on or before June I in each even- numbered year, beginning in 1974;
provided, that the Governor, by registered or certified mail, shall notify the chairman or the mayors of the said local
governing boards by May 20 in each such even-numbered year of the duties of local governing boards under this sentence. If
any board of commissioners or city governing body fails to transmit its list of nominations to the Governor by June 1, the
Governor may add to the nominations a list of qualified nominees in lieu of those that were not transmitted by the board of
commissioners or city governing body; Provided however, the Governor may not add to the list a nominee in lieu of one not
transmitted by an incorporated city within the coastal area that neither has a population of 2,000 or more nor is contiguous
with the Atlantic Ocean, Within the meaning of this section, the "governing body" is the mayor and council of a city as
defined in G,S. 160A-66, The population of cities shall be determined according to the most recent annual estimates of
population as certified to the Secretary of Revenue by the Secretary of Administration,
(e) Residential Qualifications. -- All nominees of the several boards of county commissioners and city governing bodies must
reside within the coastal area, but need not reside in the county from which they were nominated. No more than one of those
members appointed by the Governor from among said nominees may reside in a particular county. No more than two
members of the entire Commission, at any time, may reside in a particular county. No more than two members of the entire
Commission, at any time, may reside outside the coastal area.
(f) Office May Be Held Concurrently with Others. h Membership on the Coastal Resources Commission is hereby declared
to be an office that may be held concurrently with other elective or appointive offices in addition to the maximum number of
offices permitted to be held by one person under G.S. 128-1.1.
(g) Terms. The members shall serve staggered telms of office of four years. At the expiration of each member's term, the
Governor shall reappoint or replace the member with a new member of like qualification (as specified in subsection (b) of
this section), in the manner provided by subsections (c) and (d) of this section. The initial term shall be determined by the
Governor in accordance with customary practice but eight of the initial members shall be appointed for two years and seven
for four years,
(h) Vacancies. n In the event of a vacancy arising otherwise than by expiration of term, the Governor shall appoint a
successor of like qualification (as specified in subsection (b) of this section) who shall then serve the remainder of his
predecessor's term. When any such vacancy arises, the Governor shall immediately notify the board of commissioners of
each county in the coastal area and the governing body of each incorporated city within the coastal area. Within 30 days after
receipt of such notification each such county board and city governing body shall nominate and transmit to the Governor the
name and address of one person who is qualified in the category represented by the position to be filled, together with a brief
summary of the qualifications of the nominee, The Governor shall make the appointment from among said city and county
nominees. If any county board or city governing body fails to make a timdy transmittal of its nominee, the Governor may
add to the nominations a qualified person in lieu of said nominee; Provided however, the Governor may not add to the list a
nominee in lieu of one not transmitted by an incorporated city within the coastal area that neither has a population of 2,000 or
more nor is contiguous with the Atlantic Ocean,
(1) Officers. The chairman shall be designated by the Governor from among the members of the Commission to serve as
chairman at the pleasure of the Governor. The vice-chairman shall be elected by and from the members of the Commission
and shall serve for a term of two years or until the expiration of his regularly appointed term.
(j) Compensation. The members of the Commission shall receive per diem and necessary travel and subsistence expenses
in accordance with the provisions of G.S, 138-5,
(k) In making appointments to and filling vacancies upon the Commission, the Governor shall give due consideration to
securing appropriate representation of women and minorities.
(1) Regular attendance at Commission meetings is a duty of each member. The Commission shall develop procedures for
declaring any seat on the Commission to be vacant upon failure by a member to perform this duty. (1973, c. 1284, s. 1; 1975,
c. 452, s. 5; 1977, c. 771, s. 4; c. 486, ss. 1-6; 1981, c. 932, s. 2.1; 1989, c. 505; c. 727, s. 218(64); 1997-443, s, llA.119(a).)
144
NEW HANOVER COUNIY BOARD OF COMMISSIONERS BOOK 26
REGULAR MEETING, JUNE 1, 1998 PAGE 530
Chairman Caster opened the Public Hearing and inquired as to whether anyone present would
like to comment on the projects presented?
No remarks were received.
Chairman Caster closed the Public Hearing.
CONSENSUS: It was the consensus of the Board to authorize staff to file the application based on
the projects presented,
CONSIDER<\. TION OF APPROVAL FOR SOUTHEASTERN CENTER TO HOLD TITLE
TO THE CAPE FEAR RESPITE CARE HOME
County Manager O'Neal reported the Southeastern Center provides respite care services to
developmentally disabled clients within Brunswick, Pender, and New Hanover Counties. These
services are provided in the Cape Fear Respite Care House at 202 Donchester Place in Echo Farms
This program was previously owned by the Cape Fear Respite Board of Directors; however, the
board is now defunct and the operations of the program have been absorbed by the Southeastern
Center. The Center would like to purchase the home in order to continue services in the same
location. The house is appraised at $225,999, and the Center will be paying approximately $120,000,
which represents the current mortgage balance. North Carolina General Statute 122C-147 requires
the Southeastern Center to obtain approval from all three Boards of County Commissioners before
the Southeastern Center can purchase and hold title to the real property,
Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt a
resolution authorizing the Southeastern Center to purchase and hold title to the Cape F ear Respite
Care Home located at 202 Donchester Place in Echo Farms Upon vote, the MOTION CARRIED
UNAN1MOUSL Y
SOLICITATION OF NOMlNATIONS FOR THl~COASTALRESOURCES COMMISSION
Chairman Caster advised he had made contact with an individual about serving on the Coastal
Resources Commission; however, that person was not interested in serving He asked if any_
of the Board had recruited an applicant.
Commissioner Davis asked if the Board should endorse the of Courtney
Hackney?
Assistant County Manager Weaver suggested writing a letter to Governor Hunt endorsing
the reappointment of Mr. Hackney.
Consensus: It was the the Board to authorize the Chairman to write a letter to
Governor Hunt requesting the reappointment of Mr. Hackney.
MEETING OF THE WATER AND SEWER DISTRICT
Chairman Caster convened from Regular Session to hold a meeting of the Water and Sewer
District from 9:01 p.m until 10:05 p.m.
DISCUSSION OF PURCHASLNG AIRLIE GARDENS
County Manager O'Neal advised that New Hanover County has an opportunity to apply for
a grant in the amount of$6,000,000 to the N. C. Clean Water Management Trust Fund. The grant
would be used to fund a multi-faceted initiative to address water quality issues in the Bradley Creek
watershed, This initiative includes the purchase of Airlie Gardens. The grant must be submitted no
later than June 1, 1998. Conversations have been held with the Corbett family and further
negotiations will be required before the offer is approved. He requested Attorney Camilla M.
Herlevich to comment on the components of the grant application.
Attorney Herlevich, Director of the N. C. Coastal Land Trust, a non-profit organization
interested in preserving coastal North Carolina resources, expressed appreciation to the Corbett
family for providing an opponunity to enter discussions about preserving Airlie Gardens, She also
145
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146
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
9:35 p.m. 1. Non-Agenda Items (limit three minutes)
9:40 p.m. 2. Approval of Minutes 149
9:45 p.m. 3. Consideration ofInterlocal Agreement, Holly Shelter Road School Utilities 151
9:55 p.m. 4. Consideration of Torchwood Boulevard Wastewater Force Main Improvements 163
and Adoption of Ordinance for Budget Amendment 2008-50
147
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148
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Water & Sewer Item #: 2 Estimated Time: Page Number:
Department: Governing Body Presenter: District Chairman Kopp
Contact: Sheila L. Schult
Item Does Not Require Review
SUBJECT:
Water and Sewer District - Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the Water and Sewer District Regular meeting held on October 15, 2007.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes as presented.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
149
This page intentionally left blank.
150
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Water & Sewer Item #: 3 Estimated Time: Page Number:
Department: Water & Sewer District Presenter: Kemp Burpeau
Contact: Dave Weaver and Kemp Burpeau
SUBJECT:
Interlocal Agreement, Holly Shelter Road School Utilities
BRIEF SUMMARY:
On July 9,2007, the District approved construction of a water tower and a sewer pumping station adjacent to the proposed
school site. The improvements will be part of a regional utilities project having a total construction cost of 6.67 million
dollars. The District is to waive tap and associated fees and make allocation suitable for at least 1,800 students. The
Board of Education will contribute $1,750,000 toward the water and sewer improvement. The undertaking is set forth in the
proposed interlocal agreement. The Board of Education needs to have the agreement finalized in order to close on
properties under contract.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Authorize execution of interlocal agreement.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
October 23, 2007 letter
~
........
- -. -
{uS} D2J9Inter1oca!.~;eemerr: $chOQ!$.dQS
REVIEWED BY:
lEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Consider request.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
(revised)
151
HOGUE, HILL, JONES, NASH & LYNCH, L.L.P.
ATTORNEYS AT LAW
101 SOUTH THIRD STREET p, O. DRAWER 2178
W, TALMAGE JONES WILMINGTON. NC 28401 WILMINGTON, NC 28402
DAVID A. NASH TELEPHONE 910-763-4565
WILLIAM O. J. LYNCH FACSIMILE 910-762-6687
JAMES B. SNOW III
WAYNEA. BULLARD OF COUNSEL
CYRUS D. HOGUE, JR
ANNA J. AVERITT
WILLIAM L HILL, II (1931-2001)
October 23, 2007
VIA HAND DELIVERY ~IEICIEIWIE~
Mr. Kemp Burpeau OCT 2 3 2007
County Attorney's Office NHC LEGAL
230 Government Center Drive
Wilmington, NC 28405
RE: New Hanover County Schools I Cameron property
Dear Kemp:
We have received additional information from the surveyor and are now in a
position to propose an Interlocal Agreement with the County regarding the construction
of a water tower and the lift station on or adjacent to the proposed school site on Holly
Shelter Road.
Enclosed you will find a copy of the survey showing the approximate 59 acre
tract that the School System intends to purchase along with the associated 60' road
right-of-way and 30' utility easement. As you can see, the 30' utility easement runs in a
southerly direction from the school site to the proposed sewer lift station the County is
going to construct.
The water tower is proposed to be built in the southeast corner of the school site
and a water well is proposed to be drilled in the approximate center of the school site. I
am waiting on the surveyor to provide to me an adequate site plan showing the exact
location of the water tower, the water well, and the water line running from the well to
the tower. The School Board will be granting an easement to the County so that the
County can construct and maintain the water well, water tank, and the water line on the
school site. As soon as I get that site plan from the surveyor I will provide it to you.
My office will also be e-mailing to you a proposed draft of an Interlocal
Agreement setting forth the agreement whereby the School Board will contribute 1.75
Million Dollars in cash and design services to the County in return for the planned water
152
Mr. Kemp Burpeau
October 23, 2007
Page 2
and sewer improvements.
I understand that the County Commissioners next meeting is on November 5th. If
possible, we would like for the County Commissioners to consider approving the
Interlocal Agreement at that meeting. The Interlocal Agreement is contingent on the
School Board actually purchasing the school site from the Cameron family. The School
Board would like to close on the purchase on November 13th and award bids for
construction of the school at its November meeting, which will take place on November
/3 ~. We are still trying to work out some of the details of the transaction with the
Cameron family and are waiting on the results of some environmental testing.
Hopefully, this will not cause delay.
N.C.G.S. 9115C-426(f) requires that the County Commissioners approve the
purchase price for any purchase of real property by the School Board. Therefore, the
School Board also requests that the County Commissioners approve the price of its
purchase of the approximate 59 acre tract and associated right of way and utility
easement at its November 5th meeting. The purchase price agreed to by the parties is
still being negotiated but will be no more than $2,418,432.00 which constitutes
$45,000.00 per acre for the non-wetlands, and $2,000.00 per acre for the wetlands. As
you can see from the survey, there are approximately 53.484 acres of non-wetlands
and 5.826 acres of wetlands on the site.
Also, the School Board intends to acquire a small tract from an adjacent land
owner named Hyman to assist it in configuring the school campus. Enclosed you will
find a copy of the survey showing that tract which is comprised of approximately .47
acres. The purchase price agreed for that tract is $30,000.00. The School Board
would appreciate it if the County Commissioners would consider approving the price of
that purchase as well at its November 5th meeting.
For your and the Commissioners' information, the School Board also intends to
swap a small piece of the school site containing approximately .42 acres with a portion
of the adjacent tract owned by the Shoulder Branch Baptist Church containing
approximately .25 acres as shown on the attached survey. The tract to be disposed is
labeled New Hanover County Board of Education Parcel 2 and the tract to be acquired
is labeled Shoulder Branch Baptist Church Parcel 1. This will also assist the School
Board in configuring its campus. This is a straight swap with no additional
compensation taking place. We do not believe the law requires the County
Commissioners to approve a property swap as long as no money changes hands.
However, if you believe the County Commissioners' approval is required for this
transaction, the School Board would also appreciate the County Commissioners'
consideration in approving this at its November 5th meeting.
153
Mr. Kemp Burpeau
October 23, 2007
Page 3
I realize that this is not giving you or the Commissioners much notice. Many of
the delays have been caused by attempts to coordinate the activities of the School
Board with the County with respect to the water and sewer improvements, but hopefully
those efforts will result in costs savings to both the School Board and the County.
If you have any questions concerning these matters, please give me a call. I
plan on being on vacation the rest of this week but my office can reach me on my cell
phone.
Best regards,
~y~
Wayne A. Bullard
W AB/kj
Enclosures
cc: Bill Hance by fax 254-4479 (w/out encl.)
Carmen Gintoli by fax 254-4238 (w/out encl.)
154
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155
NEW HANOVER COUNTY # 08-0239
STATE OF NORTH CAROLINA )
) INTERLOCAL AGREEMENT
COUNTY OF NEW HANOVER )
The New Hanover County Board of Education (hereinafter "School Board") and
New Hanover County Water & Sewer District (hereinafter "District"), hereby enter into
this Interlocal Agreement (hereinafter "Agreement") pursuant to the authority of
N.C.G.S.9 115C-278 and 160A-461.
WIT N E SSE T H:
WHEREAS, the School Board operates the public school system in New
Hanover County under the name New Hanover County Schools; and
WHEREAS, the School Board intends to construct a new middle school and a
new elementary school on an approximate 59 acre tract of land off of Holly Shelter
Road, between Interstate 1-40 and Fulton Avenue, in order to ease overcrowding in the
New Hanover County Schools and to plan for anticipated student population growth in
the northern part of New Hanover County; and
WHEREAS, the proposed new school site is more particularly described as that
approximate 59.310 acre tract as shown on the Boundary Survey For New Hanover
County Schools, Castle Hayne Tract - 60.01 acres Elementary E-Middle School BB,
dated May 23rd, 2007, prepared by McKim & Creed, a copy of which is attached as
Exhibit A (hereafter the "School Site"); and
-----------------...-...-
156
NEW HANOVER COUNTY # 08-0239
WHEREAS, the School Board needs water and sewer service for the new
schools; and
WHEREAS, the District intends to construct a water tower and a sewer pumping
station at or adjacent to the School Site to provide for anticipated development in the
northern part of the County; and
WHEREAS, it would save a substantial amount of money if the School Board and
the District cooperated in the construction of a new water tower and sewer pumping
station on or in the vicinity of the School Site rather than designing and constructing
separate facilities for water and sewer.
NOW, THEREFORE, in consideration of the mutual terms contained herein, the
School Board and the District hereby agree as follows:
1. The District shall construct a 500,000 gallon water tank in the
southeastern corner of the School Site in the area described as "Water Tank" on Exhbit
A attached hereto. The parties agree, however that there will be no 20' utility easement
connecting to the area marked "Water Tank" which appears on Exhibit A. In addition,
the District shall construct a 16" diameter water main pipe from said water tower to the
right of way for Holly Shelter Road. Said water main pipe shall be connected to the
District's public water system at the intersection of the 30' Utility Easement shown on
Exhibit A and the right of way for Holly Shelter Road. The District shall construct a
water line with a terminus at the cul-de-sac which is part of the area described as the
"Proposed Road 60' RW" on Exhibit A. The property owner immediately to the east of
2
157
NEW HANOVER COUNTY # 08-0239
said man hole shall have to pay all required tap or other fees and obtain all necessary
permits and easements before being allowed to connect to said water main line.
2. The District shall allocate to the School Board enough water capacity from
said water tank to reasonably serve a middle school, an elementary school, and
associated facilities, for at least 1,800 students. The District shall waive all tap fees or
other fees associated with the School Board's access to said water capacity, except that
the School Board shall be responsible for the District's normal and customary usage
rates for the number of gallons used.
3. The District shall construct a sewer pumping station on the site designated
as "Proposed Pump Station Site" on Exhibit A attached hereto. New Hanover County
shall construct a gravity sewer main line to connect the School Site to said sewer
pumping station and shall connect said sewer pumping station to the District's public
sewer system. Said sewer main line shall be constructed within said 30' Utility
Easement, or such other reasonable alternative easement rout as may be obtained by
the School Board for the District except that the District shall obtain access (at its sole
expense) across the tract entitled "No Records Found For This Parcel" on page 3 of
Exhibit A attached hereto so as to allow the District to connect said sewer main line
from said sewer pumping station to said 30' Utility Easement. The District shall
construct a sewer manhole and cover at the same location as the aforementioned cul-
de-sac, as more fully described in paragraph 1 above. The property owner immediately
to the east of the School Site shall have to pay all required tap fees and obtain all
necessary permits and easements before being allowed to connect to said sewer main
3
158
NEW HANOVER COUNTY # 08-0239
line. The District shall provide and allocate to the School Board 36,000 gallons per day
of sewer capacity to the School Site. Said sewer pumping station shall have at least
enough capacity to adequately serve the School Site plus an additional 50,000 gallons
per day of capacity.
4. The District shall waive all tap fees or other fees associated with the
School Board's access to said sewer capacity except that the School Board shall be
responsible for the District's normal and customary usage rates for the number of
gallons used.
5. The School Board shall obtain for the District all temporary construction
easements and utility easements reasonably necessary for the District to construct and
maintain the water and sewer improvements described herein, except for those not
located on the School Site, or within said 30' Utility Easement, which shall be the
District's sole obligation to obtain.
6. The District shall complete the water and sewer improvements described
herein, at its sole cost and expense, shall have such improvements fully operational,
and shall have the water and sewer capacity described herein available by March 31S\
2009. If said water tower is ever permanently abandoned, the District shall cause it to
be demolished at its expense and shall restore the site on which said tower was built
substantially to its pre-construction condition including the removal of all foundations,
piers, pipes and other improvements to fifteen feet below the pre-construction grade.
4
159
NEW HANOVER COUNTY # 08-0239
7. School Board shall contribute to the cost of said water and sewer
improvements by paying to the District the sum of One Million Seven Hundred Fifty
Thousand Dollars ($1,750,000.00) payable as follows:
(a) The sum of Seven Hundred Six Thousand Three Hundred Ten
Dollars ($706,310.00) shall be paid by the School Board to the Project Architect for the
School Site, LS3P/Boney Architects, for engineering, design and construction
administration costs for said water and sewer improvements and said sum shall be
credited towards the amount the School Board is obligated to pay to the District under
this paragraph 7.
(b) The remaining sum of One Million Forty Three Thousand Six
Hundred Ninety Dollars ($1,043,690.00) shall be paid by the School Board to the District
upon the execution of this Agreement and the School Board's closing on the School
Site.
8. The District shall maintain the water and sewer improvements herein
described at its expense, in perpetuity or for the longest time allowed by law, except as
otherwise specifically provided herein.
9. The District shall defend, indemnify and hold harmless the School Board
of and from any and all claims, damages and liabilities arising out of the construction,
operation and maintenance of the water and sewer improvements described herein,
including but not limited to the School Board's reasonable costs, expenses and
attorney's fees incurred in defending such claims.
5
160
NEW HANOVER COUNTY # 08-0239
10. The rights and obligations of the parties to this Agreement are not
assignable except that the District may assign its rights and obligations to the Cape
Fear Public Utility Authority but such assignment shall not relieve the District from its
obligations to the School Board pursuant to this agreement.
11. This agreement is the entire agreement of the parties respecting the
subject matter hereof. There are no terms, provisions or conditions of this Agreement
except as expressly stated herein. This Agreement may not be amended except in
writing signed by the duly authorized representatives of the parties.
12. The obligations of the parties under this Agreement are contingent on
School Site being purchased by the School Board. If the School Board does not
purchase the School Site, then this agreement shall be null and void and the parties
shall have no obligations to each other arising out of this Agreement.
IN TESTIMONY WHEREOF the parties hereto have duly executed this
Agreement and affixed their seals thereto in duplicate, as of the day and year first
hereinabove written.
NEW HANOVER COUNTY WATER
& SEWER DISTRICT
By: (SEAL)
ATTEST: Chairman
Clerk to District Board
(SEAL)
6
161
NEW HANOVER COUNTY # 08-0239
NEW HANOVER COUNTY BOARD OF EDUCATION
By: (SEAL)
ATTEST DONALD S. HAYES, Board Chairman
Secretary
(SEAL)
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the State of North Carolina and the County of ,
certify that , personally appeared before me
this day and acknowledged that he/she is Clerk to NEW HANOVER
COUNTY WATER & SEWER DISTRICT, a political subdivision of the State of North
Carolina, and that by authority duly given and as the act of the County, the foregoing
instrument was signed in its name by its Chairman, sealed with its official seal, and
attested by him/her as its Clerk.
Witness my hand and official stamp or seal, this _ day of ,
2007.
My commission expires:
Notary Public
(OFFICIAL SEAL)
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the State of North Carolina and the County of ,
certify that Dr. ALFRED H. LERCH, JR., personally appeared before me this day and
acknowledged that he is Secretary of NEW HANOVER COUNTY BOARD OF
EDUCATION, a body corporate and politic, and that by authority duly given and as the
act of the Board, the foregoing instrument was signed in its name by its Chairman,
sealed with its corporate seal, and attested by him/her as its Secretary.
Witness my hand and official stamp or seal, this _ day of ,
2007.
My commission expires:
Notary Public
(OFFICIAL SEAL)
7
162
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Water & Sewer Item #: 4 Estimated Time: Page Number:
Department: Water & Sewer District Presenter: Dennis J. Ihnat
Contact: Dennis J. Ihnat
SUBJECT:
Torchwood Boulevard Wastewater Force Main Improvements
BRIEF SUMMARY:
In 2003, two segments of the 12-inch diameter gravity sewer line on Torchwood Boulevard in the Courtney Pines/Whitney
Pines neighborhood were designed and permitted without obtaining the necessary design variance authorization. One of
these segments was placed in operation in 2004. The remaining segment, constructed in 2007, is awaiting Division of
Water Quality (DWQ) approval of a variance request prior to being placed in operation. These segments connect with
sewer lines designed with the same parameters and previously permitted with a variance from DWQ.
As a condition of granting the pending variance, DWQ is requiring that an existing sewer force main at the intersection of
Market Street and Torchwood Boulevard be extended and connected to the 12-inch gravity line. This will provide for
flushing the gravity line or adding flow as needed to insure adequate flow velocity in the gravity sewer line. It will also
provide limited system redundancy and event management potential.
Tony Boahn of McKim and Creed Engineering has submitted a proposed Scope of Services for this project that will provide
a Preliminary Engineering Report (PER), new force main design, permitting, bid and award, and construction administration
and observation services. The cost of these additional services will be $56,580. At a later date, when the design, cost
estimate and permitting work is complete, a capital project will be established to construct this force main extension.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff requests approval of the proposed Amendment # 6 to the current McKim and Creed contract for the 2006 Wastewater
Master Plan Update in the amount of $56,580 for the Torchwood Boulevard Wastewater Force Main Improvements and
approval of associated budget amendment 2008-50.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: General Water and Sewer Capital Project Budget
ATTACHMENTS:
I1lf: ~ ~
:....w.M:
W"WMP Amendmenl 6.pdf Torchwood Boulel'ard NOl'ember:th CC Map.pm 2008.50 10.24-07. doc
REVIEWED BY:
LEGAL: FINANCE: N/A BUDGET: HUMAN RESOURCES:
163
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
164
~
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.
October IS, 2007 PW071056
Mr. William L. Pinnix, PE
Chief Project Engineer
New Hanover County
Engineering Department
230 Government Center Drive, Suite 160
Wilmington, NC 28403
RE: 2006 Wastewater Master Plan Update - Amendment No.6
Torchwood Boulevard Wastewater Force Main Improvements
Dear Mr. Pinnix:
McKim & Creed is pleased to submit this Amendment No.6 to our September 5,
2006 Agreement for professional engineering services to update the current City
of Wilmington - New Hanover County Wastewater Master Plan for the year
2006. Our proposal is detailed as follows:
I. Project Understanding
The New Hanover County Water & Sewer District (District) owns and operates
gravity sewer collection mains in the Courtney Pines and Whitney Pines
neighborhoods of the County. There currently exists a segment of 12-inch
gravity sewer main designed and constructed by private development (inactive
at this time) that does not meet the NCDENR Minimum Design Criteria (MDC)
for slope/grade of gravity sewer systems. The District intends to request a
variance from NCDENR for this gravity main and designate it as a high priority
line. In order to achieve flushing and maintenance flow through this segment of
gravity main, redirection of two 8-inch wastewater force mains located on
Market Street at the intersection with Torchwood Boulevard will be evaluated.
Preliminary indications are that a 12-inch force main will be connected and
valved to the 8-inch force mains and directed the gravity sewer main on
Torchwood for flow diversion. The bpnefits of this potential diversion are
redundancy, incident management, and maintenance flow for the gravity sewer
main that does not meet the NCDENR MDC. Additionally, by placing the
inactive gravity sewer main in service, a small privately owned pump station
(owned by Dallas Harris Rea Estate) can be taken out of service and its tributary
165
Mr. William L. Pinnix, PE
October 15, 2007
Page 2 of 8
flow accommodated with the gravity sewer system. McKim & Creed will assist
the County in evaluation of this alternative, followed by design, bid, and
construction phase services for implementation.
Additionally, a review of permits issued for the past 5 years for/by the District
must be accomplished. This review will include identification of the permits,
variances noted in the permits, certifications, and appropriate dates for each.
McKim & Creed will research the District files for this information and provide
a tabulated document summarizing the findings.
Our detailed Scope of Services to provide these services is outlined as follows:
II. Scope of Services
Item 1: NCDENR Permit Review
McKim & Creed will provide a review of all permits granted for the District in
the past 5 years. Data collected will include:
. NCDENR Permit Numbers for all systems permitted in the past 5 years,
which are owned and maintained by the District.
. Notations of variances from the MDC will be noted and catalogued.
. Information will be verified to determine if appropriate Engineer
Certifications are on file. This will include both Substantial and Final
Certifications as applicable.
. For variances noted in the Permits reviewed, the specific variance
request wlll be noted and catalogued.
. All information collected wW be provided to the District in Excel
spreadsheet format.
Item 2: Preliminary Engineering Report
A preliminary engineering report (PER) will be prepared to evaluate the
potential diversion force main as described in Section I - Project Understanding.
Primary tasks associated with this item will include:
. Collection of As-Built Data (from District files)
. Determination of existing system flows and potential (permitted) future
flows to be served by the gravity sewer main.
P:\PW07\PW071056 NBC Master Pin Amend 6\Propo5<11,Doc .~~
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166
Mr. William L. Pinnix, PE
October 15, 2007
Page 3 of 8
. Flow analysis of the existing force mains on Market Street at Torchwood
and Bayshore and associated lift stations.
. Drawdown testing of each lift station operating alone and in parallel.
. Hydraulic evaluation of the existing gravity sewer system to include
active mains and the currently inactive 12-inch main on Torchwood
Boulevard.
. Determination of capacity available for the existing gravity sewer mains
and comparable velocities at various flow rates.
. Evaluation of available flow for maintenance and flushing via diversion
of the existing 8-inch force mains on Market Street.
. Recommendations for size, benefit, and implication of a diversion force
main to redirect the 8-inch force mains on Market Street to the gravity
sewer system on Torchwood Boulevard.
. The final PER will include a description of findings, analysis, and
recommendations. Appropriate exhibits and mapping will be included as
well as opinions of probable project costs and projected project schedule.
Item 3: Design Phase Services
Based on preliminary review and consultations with District staff, it is
anticipated that approximately 1200 feet of 12-inch force main will be required
for design, permit, and construction in order to achieve the desired flow
diversion as note in Section I - Project Understanding. Major tasks to be
provided as part of this item are as follows:
. Field reconnaissance of proposed routing of the new force main,
anticipated along the right-of-way of Torchwood Boulevard.
. Horizontal & Vertical Survey of selected force main route.
. Preparation of plan and profile drawings at 1"=50' horizontal and 1"=5'
vertical.
. Preparation of hydraulic calculations for submittal to NCDENR for
permitting of the diversion force main. This shall include calculations for
the force main and impact b downstream sewer mains.
P: \ PW07\PW071056 NHC Master Pin Amend 6\Proposal.Doc '.
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167
Mr. William 1. Pinnix, PE
October 15, 2007
Page 4 of 8
. Based on proposed routing, McKim & Creed will identify potential traffic
control issues. Traffic control measures will conform to the latest
standards as set forth in the NCDOT Manual on Uniform Traffic Control
Devices.
. Determine the location (if any) of wetlands along the selected pipeline
route.
. Prepare technical specifications. Incorporate District standard contract
documents and general conditions as part of the Technical specifications
package.
. Prepare and submit 50% design documents and specifications for review
the District.
. Incorporate 50% design review comments in contract documents and
specifications.
. Finalize design to comply with District standard details and
specifications
. Compile quantity take-off for project. Prepare preliminary bid form with
unit items and measurement of payment.
. Finalize construction contract documents and submit 100% design to
County staff for review.
. Submit final construction documents to NCDENR Division of Water
Quality and all other necessary review & permitting agencies.
. Provide opinion of probable mnstruction cost of the final design
documents prior to bid and award.
Item 4: Bid & Award Phase Services
Upon completion of design, McKim & Creed will conduct formal bid & award
procedures for the project. Specific tasks will include:
. Prepare and furnish Bidding; Documents for review and approval by
OWNER and its legal counsel, as appropriate.
. After acceptance of the Bidding Documents by the District, advertise
project for a 30-day period in local plan rooms (Dodge and AGC) and
local newspaper (Star News).
P: \ PW07\ PW071 056 NHC Master Pin Amend 6\ Proposal.) 'JO(' ~
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168
Mr. William L. Pinnix, PE
October 15, 2007
Page 5 of 8
. Provide three sets of reprod1.lcible plans and specifications to the Owner
for on-site Contractor review purposes.
. Issue Biding Documents to prospective Bidders. Maintain a record of
prospective bidders to whom Bidding Documents have been issued.
. Respond to bidder inquires and prepare Addenda as required. Addenda
shall be submitted in reproducible format to the local Dodge and AGC
plan rooms.
. Provide faxed copies of Addenda to plan holders.
. Conduct bid opening at District offices.
. Review and tabulate bids, summarizing all Contractors' bids on each bid
item using Excel spreadsheet. Deliver to the County in Microsoft Excel
2003 format.
. Provide Recommendation of Award.
Item 5: Construction Administration Services
Upon award and notice to proceed issued to a responsive bidder, McKim &
Creed will provide Construction Administration services for the project. Specific
tasks will include:
. Schedule and conduct pre-construction conference. Prepare and
distribute minutes.
. Schedule and conduct progress meetings on a monthly basis. Prepare
and distribute minutes.
. Review and approve shop drawings from contractor.
. Endeavor to resolve problems in a timely manner as work proceeds and
involve appropriate parties Jl1 resolving disputes and problems
associated with the project.
. Coordinate and document pre-purchased items with the Contractor.
. Pay request review and recommendation for payment to County.
. Change Order review and recommendation to County.
P:\PW07\PW071056 NHC Master Pin Amend 6\Proposal,Df>C ~
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169
Mr. William L. Pinnix, PE
October 15,2007
Page 6 of S
. Perform inspections of project at Substantial and Final Completion.
Prepare punch-list and coordinate completion of punch-list items with
contractor. Prepare As-Built plans in AutoCAD Format and provide
mylars with electronic files on CD to County.
Item 6: Construction Observation Services
In conjunction with Item 5, McKim & Creed will provide Construction
Observation services for the project. Specific tasks will include:
. Provide field observation at approximately 40 hours per week for 4
weeks plus mileage expenses (field visits to be documented with weekly
reports delivered to County no later than 12pm on each Friday). This
report shall detail and provide chronology of events occurring for that
week.
. Field verify quantities of work completed for pay application processing.
III. Schedule
Upon executed Authorization to Proceed, we will complete the proposed Scope
of Work as follows, assuming a Notice to Proceed date of October 15, 2007:
. Notice to Proceed October 15, 2007
. Complete Task 1 - Permit Review October 31, 2007
. Complete Preliminary Engineering Report November 23, 2007
. Begin Design December 3, 2007
. Complete Design - Submit .for Permits January 25, 200S
. Obtain Permit Approval April-May
. Advertise for Bids May 2008
. Open Bids June 2008
. Begin Construction July 200S
. Complete Construction September 2008
. Punch list and Final Closeout October 200S
P:\PW07\PW071056 NHC Master Pin Amend 6\Proposal.Doc
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170
Mr. William L. Pinnix, PE
October 15, 2007
Page 7 of 8
IV. Fee Compensation
McKim & Creed, P.A. will perform the services outlined in the Scope of Work
detailed above as indicated below:
Item Fee Fee Tvve
Task 1: NCDENR Permit Review $6,0001 Hourly Not to Exceed
Task 2: Preliminary Engineering Report $6,600 Fixed Fee
Task 3: Design Phase $17,180 Fixed Fee
Task 4: Bid & A ward Phase $5,500 Fixed Fee
Task 5: Construction Administration $8,300 Fixed Fee
Task 6: Construction Observation $13,000 Hourly Not to Exceed
Total Estimated Fee $56,580
1Task 1 Fee is based on 10 work days at 8 hours per day at $75/hour.
V. Acceptance and Authorization
The Professional Services stated herein above do not include the costs of, but can
be provided if requested, pursuant to the previously submitted 2006 Hourly
Rate Schedule.
. Easement Mapping for State Trust Waters Easement
. Court appearances for expert witness
. Off-site drainage improvements
. Environmental Assessments, Environmental Impact Statements or
biological surveys for endangered species.
. Subsurface Utility Engineering
. Application fees for plan approval or construction permits;
. Redesigns of facilities after approval of final plans; or
. Court appearances for litigation, or preparation for the same.
VI. Billing and Payment
McKim & Creed, P.A. (the "Engineer") will invoice New Hanover County
monthly for services performed and expenses incurred pursuant to this
Agreement during the prior month. Payment of each such invoice will be due
upon receipt and considered past due if not paid within thirty-(30) days of the
date of the invoice. A service charge will be added to delinquent accounts at 18
percent per annum (1.5 percent per month).
P:\PW07\PW071056 NHC M."lstcr Pin Amend 6\Proposnl.Doc A
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171
.- -
Mr. William L. Pinnix, PE
October 15, 2007
Page 8 of 8
We appreciate the opportunity to provide these services and look forward to our
continuing work with the New Hanover County Water and Sewer District. If
you have any questions, please do not hesitate to contact me.
Sincerely,
McKIM & CREED, PA
.,.,.--
f2r~
Tony Boahn, P.E.
Vice-President
P;\PW07\PW071056 NHC Master Pin Amen.16\PropOSilI.Dx ~
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173
AGENDA: November 5, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-50
BE IT ORDAINED by the Water and Sewer District Board of Commissioners of New Hanover
County, North Carolina, that the following Budget Amendment 2008-50 be made to the annual budget
ordinance for the fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Water and Sewer
Department: Water and Sewer Administration and Finance
Exnenditure: Decrease Increase
Water and Sewer Administration:
Transfer to Capital Proiect $56,580
General Water and Sewer Capital Project:
Capital Project Expense $56,580
Total $113,160
Revenue: Decrease Increase
Water and Sewer Finance:
Water and Sewer Appropriated Fund Balance $56,580
General Water and Sewer Capital Proiect:
Transfer in Enterprise Funds $56,580
Total $113,160
Section 2: Explanation
To budget for Wastewater Master Plan Update Amendment #6 - Torchwood Blvd. Wastewater Force Main
Improvements.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of the New Hanover County, North
Carolina, Water and Sewer District that the Ordinance for Budget Amendment 2008-50 amending the
annual budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Kopp, Jr., District Chairman
ATTEST:
Sheila L. Schult, Clerk to the District Board
174
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Water & Sewer Additional Item #: 1 Estimated Time: Page Number:
Department: Water & Sewer District Presenter: Dennis J. Ihnat
Contact: Dennis J. Ihnat
SUBJECT:
Additional Item
Consideration of a Resolution to Support Water Conservation
BRIEF SUMMARY:
District Chairman Kopp requested the attached resolution be prepared for consideration.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
........
. -. -
'/'1' 5 Re$olulion .dSls
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
175
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
NEW HANOVER COUNTY WATER AND SEWER DISTRICT
WHEREAS, North Carolina has been impacted by drought conditions; and
WHEREAS, the rainfall for New Hanover County for the year-to-date is less than 30
inches, compared to a normal year-to-date of over 51 inches; and
WHEREAS, the drinking water systems for the New Hanover County Water and Sewer
District are completely dependent upon well water, with the exception of the Airport
Water System which uses water provided by the City of Wilmington from surface water
sources; and
WHEREAS, the District is closely monitoring well water levels and well water pumping
rates and has found that those levels and rates currently indicate that the District has
adequate well water supplies; and
WHEREAS, the State of North Carolina has strongly urged that local governments
pursue water conservation measures to ensure that drinking water supplies remain
adequate throughout the state; and
WHEREAS, the New Hanover County Water and Sewer District has strongly
encouraged water conservation, at times even prohibiting irrigation.
NOW, THEREFORE, the New Hanover County Water and Sewer District
Commissioners resolve to continue to promote water conservation with the following
actions:
1) Establish a Stage 1 Water Conservation Alert for all New Hanover County Water and
Sewer District well water systems, which encourages voluntary water conservation,
including guidelines limiting irrigation to two nights per week per household. Details of
the Stage 1 Water Conservation Alert may be found on the attached draft news release;
and
2) Maintain the Stage 2 Water Shortage Mandatory Conservation measures for the
Airport Water System in coordination with the City of Wilmington; and
3) Continue to monitor well water supply levels for the New Hanover County Water and
Sewer District well water systems; and
4) Continue participating with the City of Wilmington in the water conservation
education program; and
----~'"-~,-_._._.
176
5) Strongly encourage all residents and businesses to conserve water in all activities, in
order for all persons to continue to enjoy the high quality of life and strong economy in
our community.
ADOPTED the 5th day of November 2007.
William A. Kopp, Jr. District Chairman
ATTEST:
Sheila L. Schult, Clerk to the District Board
177
NEWS RELEASE
Date: November 1,2007
To: Area Media
From: Mark Boyer, Public Information Officer
Telephone: 91 0-798-7493
Fax: 910-798-7494
maboyer@nhcgov.com
Also posted at http://www.nhcgov.com
Re: Water Conservation Measures in New Hanover County
(New Hanover County)- Despite some recent relief, The State of North Carolina
continues to experience drought conditions that are primarily potentially affecting surface
water supply sources in New Hanover County. In consideration of the State's request to
conserve our precious water resources, New Hanover has taken the following actions.
Customers should remember always to conserve water as a matter of practice.
This notice affects all New Hanover County Water and Sewer District Water
Customers.
Water and Sewer District water customers in the Airport Water System continue to be
under Stage 2 Mandatory Water Conservation Measures.
Water and Sewer District water customers in all other systems are under a Stage I Water
Conservation Alert, and are requested to take the following conservation measures:
. Properties with even-numbered addresses may irrigate between I a.m. and 4 a.m.,
Mondays and Thursdays. Properties with odd-numbered addresses may irrigate
between I a.m. and 4 a.m., Tuesdays and Fridays.
. Watering lawns, grass, shrubbery, trees, flower and vegetable gardens by hand-
held hose, container, or drip irrigation system may occur at any time. A person
who regularly sells plants will be permitted to use water on their commercial
stock. State, county and city licensed landscape contractors may water by hand
held hose or drip irrigation any plants under a written warranty.
In addition to the irrigation restrictions, residents should always use water wisely by
following these conservation practices:
. Inspect and repair all faulty and defective parts of faucets and toilets.
. Use shower for bathing rather than bathtub and limit shower to no more than five
minutes.
. Do not leave faucets running while shaving, brushing teeth, rinsing or preparing
food.
. Limit the use of clothes washers and dishwashers and when used, operate fully
loaded.
. Operate dishwashers during non-peak demand hours of 9:00 a.m. to 4:00 p.m.
. Limit vehicle washing.
. Do not wash down outside areas such as sidewalks, driveways, patios, etc.
. Install water saving shower heads and other devices.
178
. Use disposable and biodegradable dishes where possible.
. Install water saving devices in toilets such as early closing flappers.
. Limit hours of water-cooled air conditioners.
. Do not fill swimming or wading pools.
This alert does not include the use of private well systems and affects only New Hanover
county Water and Sewer District Water Customers.
Visit www.wateruseitwiselv.com for more ways to save water.
MB
179
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180
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Additional Item #: 1 Estimated Time: Page Number:
Department: County Manager Presenter: Bruce T. Shell
Contact: Kemp Burpeau
SUBJECT:
Consideration of a Resolution to Approve a Land Purchase by the Board of Education
BRIEF SUMMARY:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider the resolution.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
Count,'Resolution r~HC Boa;d of Edusation,dos
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
181
RESOLUTION
OF
NEW HANOVER COUNTY
WHEREAS, the New Hanover County Board of Education (hereinafter "School
Board") intends to acquire property to construct a new middle and elementary school in
the northern part of the County to ease school overcrowding and to serve expected
growth in student population; and
WHEREAS, North Carolina General Statute S115C-426(f) provides that the
County Commissioners must approve the price of the purchase of real property by the
School Board; and
WHEREAS, the School Board has requested the New Hanover County Board of
County Commissioners to approve the price for the acquisition of three parcels of land
and associated road and utility easements; and
WHEREAS, the first tract (hereinafter "JH Land tract") is an approximate 59 acre
tract off of Holly Shelter Road between Interstate 1-40 and Fulton Avenue, as more
particularly described on that survey dated May 23, 2007 by McKim & Creed attached
hereto as Exhibit A, including an access easement over the area marked "Proposed
Road 60' RW" and a utility easement over the area marked "Proposed 30' Utility
Easement" on Exhibit A attached hereto; and
WHEREAS, the second tract (hereinafter "Hyman tract") is an approximate 0.47
acre tract adjacent to the JH Land tract, as more particularly described as PIN
32318.41.2282.000 on that survey dated October 4,2007 by McKim & Creed attached
hereto as Exhibit B; and
WHEREAS, the third tract (hereinafter Shoulder Branch Baptist Church tract") is
an approximate 0.25 acre tract also adjacent to the JH Land tract as more particularly
described as Shoulder Branch Baptist Church Parcel 1 on Exhibit B attached hereto;
and
WHEREAS, the proposed consideration to be paid by the School Board for the
JH Land tract is Two Million Four Hundred Eighteen Thousand Four Hundred Thirty
Two Dollars ($2,418,432.00), plus an agreement by the School Board to construct a
road meeting North Carolina Department of Transportation standards on the access
easement area described as "Proposed Road 60' RW" on Exhibit A hereto and an
agreement that the School Board will contract with the New Hanover County Water &
Sewer District to construct a 500,000 gallon water tower on the JH Land tract and
provide at least 50,000 gallons per day in sewer capacity above what is needed for the
proposed new schools; and
182
WHEREAS, the proposed consideration to be paid by the School Board for the
Hyman tract is Thirty Thousand Dollars ($30,000.00); and
WHEREAS, the proposed consideration to be paid for the Shoulder Branch
Baptist Church tract is the conveyance by the School Board to Shoulder Branch Baptist
Church the approximate 0.42 acre parcel described as New Hanover County Board of
Education Parcel 2 on Exhibit B hereto.
NOW, THEREFORE, BE IT RESOLVED that the consideration proposed to be
paid by the School Board for the above referenced JH Land tract, the Hyman tract, and
the Shoulder Branch Baptist Church tract is fair and reasonable and is hereby
APPROVED.
THIS the 5th day of November, 2007.
NEW HANOVER COUNTY BOARD OF
COMMISSIONERS
By
Chairman
(SEAL)
ATTEST
Clerk to the Board
-2-
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184
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 11/05/07
Additional Item #: 2 Estimated Time: Page Number:
Department: Governing Body Presenter: Robert G. Greer, Vice-Chairman
Contact: Sheila L. Schult, Clerk to the Board
Item Does Not Require Review
SUBJECT:
Additional Item
Resolution Supporting the Installation of a Roundabout at the Intersection of Porters Neck Road and Edgewater
Club Road
BRIEF SUMMARY:
Lanny Wilson, NCDOT Representative for New Hanover County, has asked that the Board consider adopting a resolution in
support of installing a roundabout at the intersection of Porters Neck Road and Edgewater Club Road. He has been able to
obtain funds for this project and having an approved resolution from the Board of Commissioners will help in the effort to
move the project forward.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider and adopt resolution.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
R EVI 5 E D2W VJS _Re$olulion]orters _Neck_edgewateU~ He .dos
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 4-1, Commissioner Prritchett voting in opposition.
185
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION SUPPORTING THE INSTALLATION OF A ROUNDABOUT AT THE
INTERSECTION OF PORTERS NECK ROAD AND EDGEW ATER CLUB ROAD
WHEREAS, New Hanover County is dedicated to promoting safe and efficient travel
throughout the community; and
WHEREAS, based on a Transportation Impact Analysis completed in 2005, the south
approach to the intersection of Porters Neck Road and Edgewater Club Road will operate a Level
of Service F during the AM and PM peak hours in 2009; and
WHEREAS, the NCDOT has agreed that the best solution to mitigate the traffic and
congestion at this location is the installation of a roundabout at the intersection of Porters Neck
Road and Edgewater Club Road; and
WHEREAS, NC Board of Transportation Member Lanny Wilson has identified funding
in the amount of $400,000 to assist with the construction of this roundabout.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners, through the adoption of this resolution, hereby supports the installation of a
roundabout at the intersection of Porters Neck Road and Edgewater Club Road.
ADOPTED the 5th day of November 2007.
NEW HANOVER COUNTY
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
186