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Agenda 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. This page intentionally left blank. 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. 1. Approval of Minutes 7 2. Approval 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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 '; .... ~ ~ "t iJ"! ~ ~ 00 '.i5r~ :::: -~~ -b ;! ~ ~- !;: ~ ~ ~ ~ ~ ~ ~. ~ ~ ~ ore :fl ~ M .f.i g ,.. .:l ~ .. 'u if. Q'.l " e. " " ~ ::to c H.. 8, (/.1m ~ ~ &:; J j U ~ ~ I OCi1;:: -"H~ ~ ~5 t w 6 "'''i lJl d bU.t.! ~~~~ ~ ~. ~~~91~ ffi~~f ~ (;) 4)'Ut;t:: 41""~ ~! 't: "" "'liI '0 OClU o ':~~ ~ 6~-,1 . !!illlol~"i~gh ;j:Jg~ ~ ~ffin~~p31H~~i~t1! UI!!:f! ;; cri~i::'H ..... UU~~ "'-c.>I$"'- ~ ~ ! ~ ~ ~ ~' ~ ~ ~ Q g ~ ! ~ ~ ~ ~ l'- m._ u ~" '. .... -, In o';='5^ en a~8:J.! " ~,; ~ ~ () ,,~ U ~ ~ ~ ~ i i\\ :'i ~~@~i~ W..J<(-t:D '..< , " 51 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. 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I .lilll.~1 i lib i I I 62 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 10 .... 0: i 'i ~" N -~ ~=' " '" .... ., ii1li ~ ;: '" " ;! ~ .g. ~ ~ '" :i' .J C Q Il: ~ << '5.. ~ ~ ... ~ d C) ;: ... g l- ll! z '" ." ~ ~ ~ ~ 5 .. ?i ~ t- _"t:li C '" S u t3 "''' '" "'0 '" '" ....J .. w atl '" t- o. :; <( <( C. ..J i:L ~ . , :IE :IE ~ ,j , .- ~ '" w :IE "' -cii: '. . z 8 '" '" 0:: U ~ .. w '" w :i Cl>>.rJl:l ;; -. -. ' >- ~ u ~ ... ::i '" Om~ u OJ " " ~. 0 '" ::::; w t:; "' s~~ z ::::; ~ W "'J -. -' OJ ~ '" ~ ~ <( ffi ffi ~ III III i ... '" " ~ ~~8 w -. '" '" ~ ~ '" !l: .J .. '" :l! ~ ~ 2 w w u :. III fJ Cl ---em'!3 o. .. COeEc 5 ... III :IE w o. u ~ '" ~ '" g '" '" <( .. ~ ::I ... ~ ~ .. 00 ...~::l ~ ~ << 0::'- ...J -. '" ~ ::.'i :IE ,; m'"~ OJ !:;1'!:f ij 1:J ~ Cl g :t: ~ :t: c e: C .. >: '" I- III fJ ll! '" g ro .~ i ~ ,. ~ :::l '" ~ <l - :> :> Z Pi ;2 .~ III 8 i: t 1.i: a: '" ~ 0 g N NUQ, III '" '" :IE u _ w ::! :t:. &!OQ. > .;;,0} -'<0: 69 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 . I 1 <! ~ '14; 't ~ ,~, o.~" . ~ I..... ~ ~} g --' / I I -- i 3 . ~ 73 < "'1 (,' J: '~ ~]g ~ ~.,.- , ~ ~ "_/ G~;' " < '" " ~~: I I ;J I. II j ,'. '" I I ~ - - , , I q: ":;-:Ii ! \ ~~ ~i \ ~ ~~ ~ U 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 Q N D:: -ob "0= .~~ o:i" z ....!too ~ arc ~~ ,-=~ . U) ~ ~~l ~~-8 ~.~~~<h~.g ~ ..~ ::;"..~: ~ ~ ~ ~ .;..: E oa..J . ,,~1- " " V vI:; -,.~ ."'" 'E. E.i!! . . II F .iI:. III ~ '~.~ lllll .Ell Q .... i::> .. <( - '" " .... - -' F'I -' - ,> ....... 0' :. u ~ 0 . ~ II! ~ .:?~ ~ Ii ~ ; . Ii! ;l;j....!l "t""'" . C .~ u~.~!!u.. <.' u :~ .[1...1l'.::I . : -= ~.' ell. J t ~ '.'S'" :;l. .~.' .'~' ~ .....iI: .".' '..~ ~:!l ,.:!l :!l '..~ 1 :t~..3 '-'! :E ::l ,,1:' i3" 1;;" "I<.. >"'~ .. $ !l!.!I! !l!1"!I! !'12 .J "'<t .. :; ~ ti . .!! ~'" t; !! !i: 1l5i1l !i: ~ 1I!:l# "' . 11& 3' ~ "2,g.:a"D .".~. t; Ilj:l 5 t; .1< 1'....1";2..1<. ..~. i.ll. ".! ". ~ 9....1: ....1... . 0." Q. 5 'f- Ii: g d H<:l . .!!!<:l!Z ~ ,~~... ~ ~ <II . ~ (J) <h "#' <( ~ !II !\ ~ !II ~:i ' 1I::i ~ lflflf'~ If t;.i!. .. 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 ,...~,U .:,': 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. _w"_" _.."" ,_ -""""'" ......---......,...-- -_...- ..--..----...-- "...., .,.--_..._...~ .-,., 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 } . .' 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 ....-,-,..--....." ..., .. . ----- -...... , u_.............. ....- - -..-.- 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 ~ UJ 8 ~ - :::> ~ ~ 5 ~ "' ~ ~ ...:l . - - -~ -- -- ., , , u ~ UJ U :!l -- -- -- - -- ~- ii: " ~ ~ < Q - ' , '" 8 0 ~ I . ~~ fis h . ~.. -~~-<::<:.J'--__'" . > \ dw~~ ~ ~~~I~ /''-i ) :l:!l:5oVl /) / / ( \....~_..// <( ~ (fJz Z::z Z- O~ ~ -0 0 <( ~~ -:2: C5~ 1->- Or _I- \f):5. 0- \f)~~ Z <c,<g. Z::J \f)~8 03:~ ~ 0:2: oL<:j~ 0::: Od ~~ d :2: rilLJ=:.o Ol--~ < "',A () 2 Z ~ H LL ~ ~ ~~ !; 0 "0 ~~~o Zgsiil .He '1"1I: U ~ ~ c ~ <( ~ 15 ~ ......, W ~ ILl ii1 b 0 ~ :l ~~ a Z (J) (j)L6~ << _<( O~~ ~ 1-:1: I:~~ ~ (fJ U 1Ll:"~ -0 \f)~, >< z <c" W- I:" :> U~ :> o~ ~~ '>~ >'< ~ 0 ~ 0.. .... "" ~~ ..... ~~ QU) . II .... 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I i I . i I I I 92 ."'" 7$77 '~ , "'" 7813 &171 ,... 5671 "'" 55'. - 9391 ''''' 93 Legend ~ Windchase_Subdivislon Wi ndchase _ Commol1_Area i I I 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 '. I.."H". - , , "'\~I~~~' 'l~...~ 1 "'s /... ,""-... . ~ f~ ~,-""",:,!I'i'L".",>,.. ............ " iI. .'/'~'~~'~..-..~."~.~"'" ....... I , ~.., ~..~ '.'......1.../...,..... ~~.."....,.~\~..... ' I',. ~" ",' , ,.~... II I 'v' I <, 'i 1..."I.~)....,..."li.. ~ ......... ..,1...... ....... I ,I. ".1' \~~i~' ]' ..... !1, \~. .~, .' ., ~ t )\~ ... U ~.l .~~'--."..". 1 +. .Il"";=,;,,. iI"'+. _... 'W'" I t ~?'~\ .,.....,~\ ....~~ '. 1.'....1 t....I. 'I..) 'i.'.' '\ [I...... 'I .. .'.' I .' . ., I ~ I~ I ~ I. ,. . 'i I I ., . Il' 1\ I! I l 1 " I f '~." i 1 i i,.. i I .... ~,:\ \~\i ..ll f \"..""'''''.'' ,,"/ '~" . .'~\ '.\ ~::,--,_"~~I.' "" ,'., . . ---.m;'~ , ,,' ~ ,'...... " ;; .........- ~ ""...,. V;""'1o/.".. -." ""'"",,7"'~~ '. . - ...:~\.;;l?J~#~4C~~ I ....'iI.I.'.;l./. ...{' ; Q I ' ~ ~ I , ~! I'I ., t _ 'x, .............. ~ ... 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 This page intentionally left blank. 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 '" N '" ... '" 8~ c -~ 'Z?:' D. -e! ." ~ ~ j ~ j j j ~,~ ~ ~ j _~ u ~:~ j ~ ~ ~~~ <: .. ":0.<: 0> ~~~~~~ ..~~~~ ~m..~ ~ ~i ~~,..~ ~.~~~o. :5 c:..2 .. .f'. i~~ ..J 'II( {.) t> u u -(.) If,) U v u ::ii i ~ - (J "':l" u- ,~{,,) (,,), G-!&!' i ~!i: !i: !i: !i: !i:! ;! HH i~;:'j i ~ ",!i ;;! 9i~.. n.. Ii' !i:~ Ii' ~ ;! ~ 0' U,5 ~~~~~r ~~~~~- ,. c. ;;-~m>'m~~,:~~ ~'~u:... ~ ogi ~ ~,. ,.,. ,. ,. '" ,. ,.,. ,. ~ ~i .. .., It! ~ ,. '" I ~ ,~.. ,. ~il" ,.Ii!,. '" d " 0_ .6 i .2' d~n!nt $U\i\i"::~~lIllEH "" ~r..\iiU~$<5" :E .iz~ .~ B """",,;;! ~;~!I!i!i"~",~~~"d~:S~ ~!1j~h'IH ~,~l';1 0) x..... ~ " ~ .. -' .. .... ~ ~ ~ s.. s S 'Ii! 1I i-' ;! ~ ~I .....~ ,~.. 1I-' '~ :s :l ~.~ ,w ~ C ~ , , ~ ~i~. ~.'- ','..,... ~ i ~ i ~ ~ U m It:l ~ U U r ~ ~ '"; i ~ ~l:jI!~~,~iii~:a~:Ji~~ i ' ~ N B! . "' 'to. -... '" ",.",,,,,,, <i ~ <I '",... '" l! ..11f... ",ili .;;.~ v'" .:f: ,.',.,.,. .<I.,!o!,. 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 l I / ~' ../ /7 " , 'ii~ " " , If / / , /, / 'Ii 'H ~ / .j "" ',.: i~ / / 0 CN o , '(j)~ ~CD J2 ill) cx~ ow 0 ~-gu; ~o~ (J).:E:n:: DOE ~:e: e Q) OJ "- ....JC('(l .- (ll UU~ (llc<( .~~ ~ (ll C,- O:::oc en 0 Ul N :Z&! t 125 - IJf i ~ h~ I" III ii ." ~ ni J Ji~ 1 -@ I"~ . ~ "~ . " J 0 ~i!i~;" $ji i III ~I fit I ~ ~ ~ d~i "iflG l~j ~ HI iHd i i ~J i. jJ !:B. g u ti ~~ ~ " L~i ~ e ,1] ~ 8 ifl~. ~ n'Di 15 . i r ;; ..1 i I H ~ .J ,I . "~ ~ I" ~ ~ . ~.i a J. W " ~ Z ~,. W > i'~ > " ~~ <( ~ i" n:~i"] oIJn i z 2 ~ U1~~-1 n:; I ~ . W ~ ~~ :t ill .;:? I- z 1>e o j ~ ~ z 0 w ;! 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 This page intentionally left blank. 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 ~I 1 7 iDOl IlJ 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 This page intentionally left blank. 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 This page intentionally left blank. 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 - I 7HIS MAP IS NOT A CERTlPlED SURVEY AND HAS NOT BeEN ReV/eWE:O BY A LOCAL GOVERNMeNT AGENCY FOR COMPLIANCE W/7H ANY APPLICABLE LAND DE:VELOPME:NT ReGULA nONS. n <<:llO Q<<:l -.:q"l ",,- PRELIMINARY PLA T "" ~ NOT FOR RECORDATION, CONVEYANCES, OR SALES <..l "" VICINITY MAP 4~lLL4P_ . u I I -- .', "~BIWJID I I 1 - - ' ". ". - -- IPF" - - "";;J 8~ ;; ~~-. · I I I 12 --~ i~ q ~ ~ 12 1 f I '3 & ~:Ts1-"I : ~..; ~~ I cJ 1 J I~ I ~!i f ~~ Ii I 6 f 7 ! ,~ ~l~ f ~ ~ I ~: I ~~: ~ ~ : I : fu~~~ ~ J I R 81; ~~ J ~;::j t ~ ~ '" 2.26' i21 ~ ~ ~~ f I I ~21 Q; ~ if ~H ~ J ~ ~ ,J. "" ~~i'!; ~ ~ ~ ~~~ '1J'J3"E - F:j [6<; I <>~J <S~ I ~~.. (~) 8 ~ i~ ~~ ~ ~ I \ ~ iPl I _1_- ..., HIl./:I,f c Nff i IRS A POh~~p At '" 1$ PRQoQ.5l!l:> THIs ~rr w "'''''''' \ ~.,~, *, 104.23 ' t ..., ~ o !') , 24 fg ~ , iPF (I" Cl!;l 583'33 3~ E 104.15 IPF" N/F IPF SHOULDER BRANCH BAPTIST CHURCH PARca 1 N/F 10&1 ~{T. NEW HANOVER COUNTY O. A R S BOARD OF EDUCATION l\iss U~1>~ 7. CURVE TABLE V'?): O.S- ~( CURVE RADIUS LENG7H ANGEN BeARING CHORD DeLTA q 5 .:M=KIM:&CREED SCALE: 1" == 100' ~ 260 3~ W NOOlH FOOHl SlREH 1l\l~ING1ON. IlORlli CAAQUNA 20401 ~ i~i i:tbO: o 50 100 www.mcldmeMtd.eom LEGEND BOUNDARY SURVEY IPF IRON PIPE FOUND I~ IRON ROD FOUND FOR IRS IRON ROD SET CMF CONCRETE MONUMENT NEW HANOVER COUNTY BOARD FOUND R/W RIGHT OF WAY OF EDUCATION DB DEED BOOK PC PAGE PC PLAT CABIN.ET CAPE FEAR TOWNSHIP - NEW HANOVER COUNTY - NORTH CAROLINA SLD SUDE OCTOBER 4. 2007 1" = 100' N/F NOW OR FORMERLY I 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 ~ * . 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 .~~ ,~,? 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 '. ~ .~ 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(' ~ ~ 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 ~ ~ -------_._~-- 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 --- 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 ~ 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 ~ ~. 172 " ~ ~ 1;';1; ~ :iT ~ - c 'i\j e m....8 "C_~ 5 OJ::..... Oll)... 3=. --&::: .c:Cm U"'''C ... Ql &::: o :=: ;:I 1-111"C ~lI.Ie IN "C en c &::: lll::o lIillll" .c:....lIil ~~:; 6~:C ,- I: ;:I '!!!;:I g- .! 00:: ::gOlll :::l .. U lI.Illll: > l'il III 0 ._ 1Il C .. c: 1Il l'il ,- ::r::> Q.~Cl'l >-1Ilt::: lIlZIN .5 N :i: Q Q s: a s: !2 ~-1,",~ 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 This page intentionally left blank. 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 ($30,000.00); and WHEREAS, the proposed consideration to be paid for the Shoulder Branch Baptist Church tract is the conveyance by the School Board to Shoulder Branch Baptist Church the approximate 0.42 acre parcel described as New Hanover County Board of Education Parcel 2 on Exhibit B hereto. NOW, THEREFORE, BE IT RESOLVED that the consideration proposed to be paid by the School Board for the above referenced JH Land tract, the Hyman tract, and the Shoulder Branch Baptist Church tract is fair and reasonable and is hereby APPROVED. THIS the 5th day of November, 2007. NEW HANOVER COUNTY BOARD OF COMMISSIONERS By Chairman (SEAL) ATTEST Clerk to the Board -2- 183 This page intentionally left blank. 184 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 11/05/07 Additional Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: Robert G. Greer, Vice-Chairman Contact: Sheila L. Schult, Clerk to the Board Item Does Not Require Review SUBJECT: Additional Item Resolution Supporting the Installation of a Roundabout at the Intersection of Porters Neck Road and Edgewater Club Road BRIEF SUMMARY: Lanny Wilson, NCDOT Representative for New Hanover County, has asked that the Board consider adopting a resolution in support of installing a roundabout at the intersection of Porters Neck Road and Edgewater Club Road. He has been able to obtain funds for this project and having an approved resolution from the Board of Commissioners will help in the effort to move the project forward. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider and adopt resolution. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ R EVI 5 E D2W VJS _Re$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