Agenda 2011 11-07NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
JONATHAN BARFIELD, JR., CHAIRMAN • JASON R. THOMPSON, VICE - CHAIRMAN
TED DAVIS, JR., COMMISSIONER • BRIAN M. BERGER, COMMISSIONER • RICHARD G. CATLIN, COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD
%ad
NOVEMBER 7, 2011 6:00 P.M.
MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.)
INVOCATION (Rick Houston, Senior Pastor, Pilgrim Rest Missionary Baptist Church)
PLEDGE OF ALLEGIANCE (Vice - Chairman Jason R. Thompson)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Adoption of Resolution to Accept Donated Facilities at Olsen Park
3. Approval to Accept 2011 Homeland Security Grant for Explosive Ordinance
Disposal (EOD) Render Safe Equipment and Interoperability Project
4. Approval of 2011 Grant Award from the Bureau of Justice Assistance (BJA) for
Purchase of Bulletproof Vests
5. Adoption of Budget Amendments
ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS
TIMES
6:10 p.m. 6. Consideration of Veterans Day 2011 Proclamation
6:15 p.m. 7. Consideration of Gold Star Mothers Resolution
6:25 p.m. 8. Consideration of Employ a Veteran Week Proclamation
6:30 p.m. 9. Consideration of a Resolution Supporting the Reconstruction of the Railroad
Tracks Between Castle Hayne and Wallace
6:40 p.m.
10. Consideration of Acquisition of 127 South College Road, Wilmington, NC
6:45 p.m.
11. Consideration of Budget Amendment for Hurricane Irene Expenditures
6:50 p.m.
12. Public Hearing
Rezoning Request (Z -912, 10 /11) - Request by Charlie Downs on Behalf of
O'Reilly Automotive Stores, Inc. to Rezone Approximately 2.657 Acres at 5232
Carolina Beach Road from R -15 Medium - Density Residential to B -2 Highway
Business District
7:20 p.m.
13. Public Hearing
Rezoning Request Z -913, 10 /11 - Request by Cindee Wolf, Withers & Ravenel
on Behalf of B & M Holdings, LLC to Rezone Approximately 6.82 Acres at
8330 & 8342 Market Street from R -15 Medium Density Residential to CD (B -2)
Conditional Highway Business District
7:50 p.m.
14. Public Hearing
Rezoning Request (Z -914, 10 /11) - Request by Cindee Wolf, Withers &
Ravenel, on Behalf of Archie McGirt and Jane Batten to Rezone Approximately
6.93 Acres at 5050 Carolina Beach Road from R -10 Residential to CD (B -2)
Conditional Highway Business District
8:20 p.m.
15. Public Hearing
Board of Commissioners Meeting
11/07/2011
Text Amendment (A -392, 09/11) - Request by Staff to Amend Section 53.6 of
the County's Zoning Ordinance to Clarify Certain Standards for Establishing an
Exceptional Design Zoning District (EDZD)
PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes)
ADDITIONAL AGENDA ITEMS OF BUSINESS
9:15 p.m. 16. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
9:25 p.m. 17. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Board of Commissioners Meeting
11/07/2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 7, 2011
CONSENT
ITEM: 1
DEPARTMENT: PRESENTER(S): Chairman Barfield
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meeting:
Regular Meeting held on October 17, 2011
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
11/07/2011
1 -0
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 7, 2011
CONSENT
ITEM:
2
DEPARTMENT: County Attorney PRESENTER(S): Jim McDaniel, Parks, Gardens & Senior Resources
Director
CONTACT(S): Tara Duckworth, Parks Manager, New Hanover County Parks and Gardens
SUBJECT:
Adoption of Resolution to Accept Donated Facilities at Olsen Park
BRIEF SUMMARY:
The Olsen Park Master Plan identifies a Miracle League field and a playground to be included
as future facilities. ACCESS of Wilmington has partnered with the City of Wilmington and
New Hanover County for the development of the Miracle Facilities. The project consists of a
baseball field built to Miracle League specifications, a storage and restroom building, parking
area, drop off area and interior road. In total, the new facilities are valued at approximately $1.2
million dollars. The playground is a collaborative effort between the City of Wilmington, New
Hanover County, the Kiwanis Club of Wilmington and ACCESS of Wilmington. Seventy -five
thousand dollars ($75,000) of the cost of the playground has been budgeted in the Olsen Park
project and has previously been given to the City of Wilmington. Up to $75,000 will be funded
by the Kiwanis Club and the remainder funded by ACCESS of Wilmington.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Enhance and add recreational, cultural and enrichment amenities
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution.
A TT A ('']4XTP1VTC -
Miracle Field at Olsen Park Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
11/07/2011
2 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
MIRACLE FIELD AT OLSEN PARK RESOLUTION
WHEREAS, the Olsen Park Master Plan identifies a Miracle League field and a playground to be
included as future facilities. ACCESS of Wilmington has partnered with the City of Wilmington and
New Hanover County for the development of the Miracle Facilities. ACCESS is a nonprofit organization
whose mission is to develop inclusive facilities and programs to expand recreation and learning
opportunities for people of all abilities. A fundraising campaign, Wilmington Believes in Miracles, has
been implemented to fund the improvements; and
WHEREAS, the project consists of a baseball field built to Miracle League specifications, storage and
restroom building, parking area, drop off area and interior road. In total, the new facilities are valued at
approximately $1.2 million; and
WHEREAS, the Miracle League concept centers on 100% accessible athletic facility, designed to meet
the needs of those with disabilities by utilizing a special playing surface. The goal of the Miracle field
and playground at Olsen Park is to offer a dedicated space to play sports and promote physical activity,
camaraderie and teamwork for children and adults with disabilities, as well as for volunteers, family and
spectators; and
WHEREAS, the playground is a collaborative effort between the City of Wilmington, New Hanover
County, the Kiwanis Club of Wilmington and ACCESS of Wilmington. Seventy -five thousand dollars
($75,000) of the cost of the playground has been budgeted in the Olsen Park project and has previously
been given to the City of Wilmington. Up to $75,000 will be funded by the Kiwanis Club and the
remainder funded by ACCESS of Wilmington; and
WHEREAS, a Memorandum of Agreement between the parties is designed to identify the roles and
responsibilities of the public - private project and allow for the official acceptance of the facilities by the
County; and
WHEREAS, the facilities proposed for Olsen Park will build upon the efforts of providing accessible
recreation facilities and will showcase Wilmington and New Hanover County as a regional destination for
all - inclusive recreation, friendly to those with special needs from disabled youth, to wounded war
veterans and the elderly. It is aligned with the Diverse and Vibrant Economy, Welcoming Neighborhood
and Public Spaces, Civil Partnerships and Sustainability and Adaptability City Counsel focus areas.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners
does hereby support funding of the collaborative effort between the City of Wilmington, New Hanover
County, the Kiwanis Club and ACCESS of Wilmington by recommending the City of Wilmington
allocate the County portion of the remaining joint Olsen Park project funds, previously given to the City
of Wilmington, towards this project. The County Manager is authorized to enter into a Memorandum of
Agreement for the official acceptance of donated facilities to be installed at Olsen Park.
ADOPTED this the 7 th day of November, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
2 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 7, 2011
CONSENT
ITEM: 3
DEPARTMENT: Sheriff PRESENTER(S): Edward J. McMahon, Sheriff
CONTACT(S): Edward J. McMahon, Sheriff
SUBJECT:
Approval to Accept 2011 Homeland Security Grant for Explosive Ordinance Disposal (EOD) Render
Safe Equipment and Interoperability Project
BRIEF SUMMARY:
The Sheriffs Office has been awarded a 2011 Homeland Security Grant for the Explosive Ordinance
Disposal (EOD) Render Safe and Interoperability project. The amount of the grant is $7,181 and there is no
match requirement. The funds will be used to purchase equipment used in responding to Chemical,
Biological, Radiological and Nuclear Explosives ( CBRNE) incidents and will more effectively render safe
suspected hazardous devices and safe operations at CBRNE incidents. This equipment maintains the current
standard on interoperability among bomb squads on a statewide basis and will enhance regional response
capabilities.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Authorize acceptance of the grant and adopt the ordinance for budget amendment 12 -082.
ATTACHMENTS:
B/A 12 -082
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
11/07/2011
3 -0
AGENDA: November 7, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 082
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -082 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: General Fund
Department: Sheriffs Office /Uniform Patrol
Expenditure:
Decrease
Increase
Sheriffs Office /Uniform Patrol:
Supplies
$7,181
Total
1 $0 11
$7
Revenue:
Decrease
Increase
Sheriffs Office /Uniform Patrol:
Grant - Federal - 2011 Homeland Security
$7,181
Total
1 $0 11
$7
Section 2: Explanation
To budget a 2011 Homeland Security Grant of $7,181 for the Explosive Ordinance Disposal (EOD)
Render Safe and Interoperability project. The funds will be used to purchase equipment needed to
effectively render safe suspected hazardous devices and safe operations at Chemical, Biological,
Radiological and Nuclear Explosives incidents. No County matching funds are required.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 12 -082, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 7th day of November, 2011.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
3 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 7, 2011
CONSENT
ITEM: 4
DEPARTMENT: Sheriff PRESENTER(S): Edward J. McMahon, Sheriff
CONTACT(S): Edward J. McMahon, Sheriff
SUBJECT:
Approval of 2011 Grant Award from the Bureau of ,Justice Assistance (B,JA) for Purchase of
Bulletproof Vests
BRIEF SUMMARY:
The Sheriffs Office has been awarded a 2011 grant of $4,180 from the Bureau of Justice Assistance (BJA)
for the purchase of bulletproof vests. This is a 50 -50 grant with a local match of $4,180. The Sheriff
respectfully requests that General Fund Contingency funds be used for the local match requirement. The
Bulletproof Vest Partnership (BVP) is a unique initiative designed to provide a critical resource to state and
local law enforcement agencies. Prior to actions taken at this Board of County Commissioners meeting, the
Contingencies balance is $735,000.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Authorize acceptance of the grant and adopt the ordinance for budget amendment 12 -081.
ATTACHMENTS:
B/A 12 -081
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
11/07/2011
4 -0
AGENDA: November 7, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 081
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -081 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: General Fund
Department: Sheriff's Office/Uniform Patrol & Finance /Contingencies
Expenditure:
Decrease
Increase
Sheriff s Office/Uniform Patrol:
Uniforms - Purchase
$8,360
Finance /Contingencies :
Contingencies:
$4
$4,180
Total
$4,180
$8,360
Revenue:
Decrease
Increase
Sheriffs Office/Uniform Patrol:
Grant - Federal - Bureau of Justice Assistance
$4
Total
$0
$4,180
Section 2: Explanation
To budget grant award of $4,180 from the Bureau of Justice Assistance for the purchase of bulletproof
vests. This is a 50 -50 grant requiring a County match of $4,180. The Sheriff requests that General Fund
Contingency funds be used for this match requirement. Prior to actions taken at this Board of County
Commissioners meeting, the Contingencies balance is $735,000.
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 12 -081, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 7th day of November, 2011.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
4 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 7, 2011
CONSENT
ITEM: 5
DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Adoption of Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30,
2012.
12 -071 - Social Services
12 -073 - Social Services
12 -074 - Social Services
12 -086 - Social Services
12 -075 - Emergency Management & 911 Communications/Finance
12 -080 - Health
12 -083 - Sheriffs Office
2012 -22 Sheriffs Office
12 -088 - Tax
STRATEGIC PLAN ALIGNMENT:
Strong Financial Performance
• Control costs and manage to the budget
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinances for the budget amendments listed.
ATTACHMENTS:
B/A 12 -071
B/A 12 -073
B/A 12 -074
B/A 12 -086
B/A 12 -075
B/A 12 -080
B/A 12 -083
B/A 2012 -22
B/A 12 -088
Board of Commissioners Meeting
11/07/2011
5 -0
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
11/07/2011
5 -0
AGENDA: November 7, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 071
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -071 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth / Economic Development
Strategic Objective(s): Understand / act on citizen needs
Fund: General Fund
Department: Social Services / Administration and Governing Body / County Commissioners
Expenditure: Decrease Increase
Total $0 $0
Revenue:
Decrease
Increase
Social Services / Administration:
DSS 1571 Admin - Federal /State
$142,514
Governing Body / County Commissioners:
Appropriated Fund Balance
$142,514
Total
$142
$142
Section 2: Explanation
To adjust the FYI 1 -12 Adopted Budget for actual allocations received. DSS received increased allocations
totaling $142,514 from the following programs: LIEAP /CIP program, TANF to SSBG, SSBG, Daycare
Admin, HealthChoice, Adult Home Specialists, and Adult Protective Services. The additional funds will
be used to offset existing administrative expenses associated with these programs, thereby reducing Net
County Costs. Prior to actions taken by the Board at this meeting, Appropriated Fund Balance was
$5,903,930.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 12 -071, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 7th day of November, 2011.
(SEAL)
ATTEST:
Jonathan Barfield, Jr., Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
5 -1 -1
AGENDA: November 7, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 073
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -073 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth / Economic Development
Strategic Objective(s): Understand / act on citizen needs
Fund: General Fund
Department: Social Services / Child Day Care
Expenditure:
Decrease
Increase
Social Services / Child Day Care:
Smart Start Child Day Care
$126,625
Total
1 $0 11
$126
Revenue:
Decrease
Increase
Social Services / Child Day Care:
DSS Smart Start - Federal / State
$126,625
Total
1 $0 11
$126
Section 2: Explanation
To adjust the FYI 1 -12 Adopted Budget for actual allocations received. DSS received an additional
$126,625 allocation from the State for Smart Start. This allocation will offset a reduction that the State
made in State Subsidy Day Care funds. DSS will continue serving existing clients; however, no additional
children will be pulled from the waitlist. As of 8/3 1/11, there were 798 children on the list. No matching
County funds are required and no new positions are requested.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 12 -073, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 7th day of November, 2011.
(SEAL)
ATTEST:
Jonathan Barfield, Jr., Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
5 -2 -1
AGENDA: November 7, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 074
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -074 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth / Economic Development
Strategic Objective(s): Understand / act on citizen needs
Fund: General Fund
Department: Social Services / Adult Day Care Services and Administration
Expenditure:
Decrease
Increase
Social Services / Adult Day Care Services:
Adult Day Health
$4,251
Adult Day Care Services
13,463
Total
1 $0 11
$17
Total
$0
$17
Revenue:
Decrease
Increase
Social Services / Administration:
DSS 1571 Admin- Federal / State
$17,714
Total
1 $0 11
$17
Section 2: Explanation
To adjust the FYI 1 -12 Adopted Budget for actual allocations received. DSS received an additional
allocation of $17,714 for the Adult Day Care and Adult Day Health programs. There is a 12.5% required
County match of $2,531, which will come from the existing FYI 1 -12 Adopted Budget. The additional
allocation will allow DSS to increase the number of days of service for existing clients and possibly add
additional clients. No new positions are being requested.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 12 -074, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 7th day of November, 2011.
(SEAL)
ATTEST:
Jonathan Barfield, Jr., Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
5 -3 -1
AGENDA: November 7, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 086
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -086 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth / Economic Development
Strategic Objective(s): Understand / act on citizen needs
Fund: General Fund
Department: Social Services / Energy Assistance and Administration
Expenditure:
Decrease
Increase
Social Services / Energy Assistance:
Assistance Payments
$65804
Total
1 $0 11
$658
Revenue:
Decrease
Increase
Social Services / Administration:
1571 DSS Admin - Federal / State
$65804
Total
1 $0 11
$658
Section 2: Explanation
To adjust the FYI 1 -12 Adopted Budget for actual allocations received. DSS received an additional
$658,664 allocation from the State for the Crisis Intervention Program (CIP). These funds will be used to
provide assistance payments to low income households experiencing a heating or cooling related
emergency. No matching County funds are required and no new positions are requested.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 12 -086, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 7th day of November, 2011.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
5 -4 -1
AGENDA: November 7, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 075
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -075 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Productive Strategic Partnerships
Strategic Objective(s): Develop appropriate public / private partnerships
Fund: General Fund
Department: Emergency Management & 911 Communications / Finance
Expenditure:
Decrease
Increase
Emergency Management & 911
Communications /800 MHz Communications
Supplies
$200
Total
$0
$200
Revenue:
Decrease
Increase
Finance /Miscellaneous Revenue:
Donation to Amateur Radio Emergency
Services
$200
Total
$0
$200
Section 2: Explanation
To budget a donation of $200 received for the benefit of Amateur Radio Emergency Services, a volunteer
organization operating under Emergency Management.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 12 -075, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 7th day of November, 2011.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
5 -5 -1
AGENDA: October 17, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 080
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -080 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Provide health / wellness education, programs, and services
Fund: General Fund
Department: Health / NC Asthma Program
Expenditure:
Decrease
Increase
Health / NC Asthma Program:
Advertising Cost
$10,000
Supplies
728
Total
$0
$10
Total
$0
$10
Revenue:
Decrease
Increase
Health / NC Asthma Program:
Grant - State - Family Counseling Medicaid
$10,728
Total
$0
$10
Section 2: Explanation
The NHC Health Department has been notified that it received an additional allocation from the NC
Department of Health and Human Services, Division of Public Health for the Asthma Program. These
funds will be used for media campaigns for smoke free public places, billboards and program supplies. No
County matching funds are required. No new positions are being requested.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 12 -080, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 17th day of October, 2011.
(SEAL)
ATTEST:
Jonathan Barfield, Jr., Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
5 -6 -1
AGENDA: November 7, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 083
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -083 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: General Fund
Department: Sheriffs Office /Uniform Patrol
Expenditure:
Decrease
Increase
Sheriffs Office /Uniform Patrol:
Salaries and Wages
$161,211
Social Security Taxes
$0
12,331
Retirement - Local Government
7,432
Retirement - 401 K
8,060
Medical Insurance Expense
35,256
Long Term Disability
356
Capital Outlay - Motor Vehicle
12000
Capital Outlay - Equipment
5600
Supplies - Auto
1000
Uniforms - Purchase
20,100
Supplies
480
Total
1 $0
$4319226
Revenue:
Decrease
Increase
Sheriffs Office /Uniform Patrol:
Grant - Federal - NC Governor's Highway
Safety Program Grant
$431,226
Total
$0
$431
Section 2: Explanation
To budget grant award of $431,226 received from the North Carolina Governor's Highway Safety Program
(GHSP) for the DWI Task Force to fund I Sergeant and 3 Deputies, 4 patrol vehicles with required
equipment, uniforms and other necessary equipment needed for the new Patrol Officers. There is no
County match for the first year of the grant. The second year requires a 15% match, third year a 30%
match and fourth year a 50% match. In year two of the grant, the local match could be absorbed through
the Sheriffs Office budget. The match for years three and four would be brought back to the Board
through the budget process to decide whether to continue the grant and fund the local match. Grant - funded
positions are subject to elimination upon non - renewal of the grant. The Board of County Commissioners
approved applying for this grant at their July 11, 2011 meeting.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 12 -083, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 7th day of November, 2011.
(SEAL)
ATTEST:
Jonathan Barfield, Jr., Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
5 -7 -1
AGENDA: November 7, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 2012 - 22
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 2012 -22 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund: Controlled Substance Tax
Department: Sheriffs Office
Expenditure:
Decrease
Increase
Controlled Substance Tax:
Supplies
$5,014
Total
1 $0 11
$5
Revenue:
Decrease
Increase
Controlled Substance Tax:
Controlled Substance Tax
$5,014
Total
1 $0 11
$5
Section 2: Explanation
To budget Controlled Substance Tax receipt of $5,014 on 10/19/2011. Controlled Substance Tax is
budgeted as received and must be used for law enforcement as the Sheriff deems necessary.
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 2012 -22, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 7th day of November, 2011.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
5 -8 -1
AGENDA: November 7, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 088
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -088 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Strong Financial Performance
Strategic Objective(s): Maintain strong financial reserves
Fund: General Fund
Department: Tax
Expenditure:
Decrease
Increase
Tax:
Contracted Services
$147,832
Total
$0 1 1
$147,832
Revenue:
Decrease
Increase
Tax:
Miscellaneous Revenue
$147,832
Total
$0
$147,832
Section 2: Explanation
The County has contracted with Tax Management Associates (TMA) to perform business personal
property tax audits for certain tax payers. Per audit contract, once the audit is complete and payment is
received for the discovery, the County is obligated to pay TMA twenty -five percent (25 %) of the tax,
penalty and interest collected for the discovery. Tax includes only taxes levied by the County. This
budget amendment includes only the portion of taxes, penalty and interest that is due to TMA upon
collection of the revenue by the County Tax Department. The total revenue collected by the County will
be $591,325.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 12 -088, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 7th day of November, 2011.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
5 -9 -1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 7, 2011
REGULAR
ITEM: 6
DEPARTMENT: Veteran Services PRESENTER(S): Ellis Pinder, Veteran Services Officer
CONTACT(S): Mark Boyer, Public Information Officer
SUBJECT:
Consideration of Veterans Day 2011 Proclamation
BRIEF SUMMARY:
November 11 is Veterans Day. The United States Veterans Administration reports 19,078 veterans residing
in New Hanover County.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Veterans Day 2011 Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/07/2011
6 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
VETERANS DAY 2011
PROCLAMATION
WHEREAS, on Veterans Day, we come together to celebrate and pay tribute to the men and
women who have worn the uniform of the United States Armed Forces; and
WHEREAS, in New Hanover County, there are 19,078 veterans currently residing who
honorably served their country in peacetime and in war; and
WHEREAS, dozens of our own employees have served recently around the world and have
returned home to continue their public service; and
WHEREAS, in 1954, President Dwight D. Eisenhower signed the first Veterans Day
proclamation calling on all Americans to "pay appropriate homage to the veterans of all its wars
who have contributed so much to the preservation of this nation "; and
WHEREAS, our country has fought and continues to fight battles around the globe; and
WHEREAS, we gratefully remember those men and women who have served the United States
of America with distinction and valor as sailors, soldiers, airmen and Marines and offer our
sincere prayers for those who have volunteered to defend the principles on which our nation was
founded; and
WHEREAS, we are proud to recognize our veterans and their families, and extend to them the
appreciation of all citizens for their work in preserving our freedom and liberty.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that November 11, 2011 be recognized as "Veterans Day" in New Hanover
County. All citizens are urged to properly display the flag of the United States and pay tribute to
the sacrifices of our veterans.
ADOPTED this the 7 th day of November, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
6 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 7, 2011
REGULAR
ITEM: 7
DEPARTMENT: Veteran Services PRESENTER(S): Ellis Pinder, Veteran Services Officer
CONTACT(S): Mark Boyer, Public Information Officer
SUBJECT:
Consideration of Gold Star Mothers Resolution
BRIEF SUMMARY:
As US troops serving in Iraq return home before the holidays, and as military activity continues in
Afghanistan, we reflect on those who have worn the uniform of the United States. However, many of those
men and women who have served will never return to their families. The American Gold Star Mothers, Inc.,
is a nonprofit organization of mothers who have lost a child during military service. The National President
of the group, Mrs. Norma Luther, is a resident of New Hanover County and co- founder of the group's Azalea
Chapter.
Representatives of American Gold Star Mothers, Inc. will be in attendance and will present a six - minute
video presentation about the organization. Mrs. Luther will be in Washington DC for a Veterans Day event
but will have several members of the local group at the meeting. The members in attendance will be Vivian
Scharver, Iris Winters and Ann Beatty.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
A TT A PUAIFNrrc.
Gold Star Mothers Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/07/2011
7 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AMERICAN GOLD STAR MOTHERS
RESOLUTION
WHEREAS, countless New Hanover County's sons and daughters have answered the call to
serve their country in wartime and in peace; and
WHEREAS, many of those men and women never returned to their families at home, leaving
vast numbers of mothers grieving; and
WHEREAS, American Gold Star Mothers, Inc., is a not for profit organization supporting those
who have lost a child in military service whether the death was in combat, by accident or through
suicide; and
WHEREAS, after years of planning, on June 4, 1928, twenty -five mothers met in Washington,
DC to establish the national organization, American Gold Star Mothers, Inc.; and
WHEREAS, the success of the organization is founded from the bond of mutual love, sympathy,
and support of the many loyal, capable, and patriotic mothers who while sharing their grief and
their pride, have channeled their time, efforts and gifts to lessening the pain of others; and
WHEREAS, the American Gold Star Mothers, Azalea Chapter, based in New Hanover County
and serving all of North Carolina East of I -95, stand tall and proud by honoring their children,
assisting our veterans, supporting our nation, and healing with each other.
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of
Commissioners offers our deep gratitude and respect to our Nation's Gold Star Mothers, and that
although they carry a great burden of grief, these courageous mothers help ensure the legacy of
our fallen heroes will always be remembered.
ADOPTED this the 7 th day of November, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
7 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 7, 2011
REGULAR
ITEM: 8
DEPARTMENT: PRESENTER(S): Walker O. Biggs, Sr., Manager, Employment
Security Commission
CONTACT(S): Ellis Pinder, Veteran Services Officer
SUBJECT:
Consideration of Employ a Veteran Week Proclamation
BRIEF SUMMARY:
A proclamation to recognize November 6 -12, 2011 as Employ a Veterans Week has been submitted by
Walker Biggs, Sr. for the Board's consideration. A flyer is attached to promote a Veterans' Resource Expo
on Saturday, November 5th and a Veterans' Job Fair on November 10th.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Employ a Veteran Week Proclamation
Hire a Vet Week Flyer
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/07/2011
8 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
EMPLOY A VETERAN WEEK 2011 PROCLAMATION
WHEREAS, veterans in New Hanover County represent a strong and productive part of the
region's work force; and
WHEREAS, traditionally, many veterans released from service begin their civilian careers here
in New Hanover County; and
WHEREAS, because these brave men and women have served with honor, they deserve the
right and the opportunity to pursue quality employment at a competitive wage; and
WHEREAS, for more than 200 years, our communities, our State and our Nation have been
built with the help of veterans who served their country during peace and war to keep our
democracy safe; and
WHEREAS, these courageous men and women have served with honor and given our citizens a
sense of pride; and
WHEREAS, as employers and co- workers, it is not only appropriate, but also in our public and
economic interest, to take advantage of this tremendous resource by providing employment
opportunities to our veterans already in the work force, and to the number of veterans who are
leaving the military; and
WHEREAS, veterans have valuable skills, learned both in military and civilian life; and
WHEREAS, they deserve the chance to put those skills to work here at home.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that November 6 -12, 2011 be recognized as "Employ a Veteran Week" in New
Hanover County and that New Hanover County businesses are urged to employ veterans.
ADOPTED this the 7 th day of November, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
8 -1 -1
Brought to you by
New Hanover Employment Security CommissionlJobLink and
Lower cape Fear Human Resource Association
�P z,
ETERANS'RESOURCE EXPO
NOVEMBER 4 -11, 2011
Veterans, make plans to attend these
2 events.'
aturday, November 5, 2011 8 AM to 12 Noon
r,
,
t
4 z'
McKeithan Center
North Campus - Cape Fear Community College
4500 Blue Clay Road, Castle Hayne, NC
Service providers to feature
VA benefits —compensation, education,
health care and insurance
Housing, finances and family se rvices
One consultations: career coaching,
mock interviews, resume review
Workshops/Panels: Education Ben(
Post - traumatic Stress Syndrome and
Roundtable discussions: Post 9111
and more
Lunch will he provided
Board
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 7, 2011
REGULAR
ITEM: 9
DEPARTMENT: County Manager PRESENTER(S): Mike Kozlowsky, Executive Director, Wilmington
MPO
CONTACT(S): Bruce T. Shell, County Manager
SUBJECT:
Consideration of a Resolution Supporting the Reconstruction of the Railroad Tracks Between Castle
Hayne and Wallace
BRIEF SUMMARY:
The Transportation Advisory Committee adopted a resolution supporting the re- establishment of the rail line
between Wallace and Castle Hayne at their September 28, 2011 meeting. The project will provide several
significant benefits for the movement of people and goods in southeastern North Carolina. Chairman Barfield
serves as chair of the Transportation Advisory Committee, and they wish the Board to consider a similar
resolution.
A synopsis is attached with additional information.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Influence legislation and external mandates to enhance local autonomy
Collaborate on regional planning
RECOMMENDED MOTION AND REQUESTED ACTIONS:
A TT A !' IJAITr N'rQ •
Rail Line Resolution of Support
Rail Line Synopsis
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/07/2011
9 -0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION SUPPORTING THE RECONSTRUCTION OF THE RAILROAD TRACKS
BETWEEN CASTLE HAYNE AND WALLACE
WHEREAS, the Wilmington Urban Area Metropolitan Planning Organization provides transportation
planning services for the City of Wilmington, Town of Carolina Beach, Town of Kure Beach, Town of
Wrightsville Beach, Town of Belville, Town of Leland, Town of Navassa, New Hanover County,
Brunswick County, Pender County, Cape Fear Public Transportation Authority and the North Carolina
Board of Transportation; and
WHEREAS, the Wilmington Metropolitan Planning Organization is charged with developing, in
cooperation with NCDOT, long -range local and regional multi -modal transportation plans; and
WHEREAS, the North Carolina Department of Transportation is examining the potential for and impacts
of reconstructing 27 miles of railroad tracks between Castle Hayne to Wallace in southeastern North
Carolina; and
WHEREAS, the 27 -mile rail corridor is state -owned and links New Hanover, Pender and Duplin
Counties; and
WHEREAS, the re- establishment of the railroad tracks would improve freight rail options to support the
North Carolina State Port Authority, our military bases, improve access for moving products through the
state's most agriculturally active region and improve access to major population centers to the north and
west; and
WHEREAS, the re- establishment of the rail line would provide access to serve the military installation at
Camp Lej eune and also provide a second rail line out of the North Carolina State Port in Wilmington
linking the Port to the interior of the state and supporting economic development; and
WHEREAS, these reconstructed railroad tracks would also allow the introduction of passenger rail
between Wilmington and Raleigh via Goldsboro; and
WHEREAS, these reconstructed railroad tracks would have significant and profound positive economic
benefits for southeastern North Carolina.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners
hereby encourages the North Carolina Department of Transportation to reconstruct the railroad line
between Castle Hayne and Wallace and also requests that the North Carolina Department of
Transportation do everything in their power to double track this rail line for future freight and passenger
service.
ADOPTED this the 7 th day of November, 2011.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
9 -1 -1
Castle H yne to Wallace Real Line Synopsis
May 1 2011
There Is currently a l- p artis n effort io restore 27 riles of track between Castle Hayne and Wallace on
the state-'owned rail corridor from Castle Hayne to Wallace to tie into an exIsting track. . Rail has
active track on either end of the section that was removed, The rerin tailati n of the track in the
existing, state owned r- --w, will provide a second route from the NC State Ports Into the interior- #.
portions of N C and no rth into vir inia.
The full House subcommittee on Transportation Appropriations is in support of this project as it'
increases freight rail access to support the NC State Port Authority, our military bases and to improve
access for moving product through the state's most agriculturally active portionof the state (see letter
.
to J m. Tre ). Tire absence of the 27 m fl es of track is the Daly obstacle to 1 m p roved efficiency In
serving our mil ita ry tra nsport reeds and pr vid.1 ng a second ra I I liras out of the N CSPA into the i terior of
the state thus supporting ecohomic development throughout North Carolina.
Funding options for project discussed in Committee Included the sale of surplus property wne.d by
the MDT, grant funding, federal support from the Department of D.efense, Economic Development
funding and/or a combination of sources. Consideration of public private partnerships to re- establish
the track should also be omsidered.'We are requesting that fu nding options be evaluated t ensure
the funding of this project,
i am sure that i do not need to mention the importance of rail to job recruitment and. business
development ent In our state. The sooner north Carolina can expand these services and provide options for
robili y -
, the more competitive we wil l be for future industry development. Improving our existing
rnfrastru tune Is the best way to achieve job creation in this state. The re-es'ta blishrnernt of the 27 riles
of track to nnect two existing rail Ilnes a h leves this purpose and is an 1 nvestment ire North -C rolina's
e ornomIc future.
Stakeholder Group
House /Senate Joint Appropriations Transportation Committee
NCDOT (participated during appropriations process)
NC Commerce
-IBC Agriculture (met on -9.11
Ray Starling, Robert Hsford
NC Ports
CSXTransportation
John Dillard and Doug Herron
Board of Commissioners Meeting
11/07/2011
9 -2 -1
4
House Representatives from Durpl n, Pend r, Sampson, New Hanover, Wayne and Granvil Counties.
ITT Division
iofuels Center of Forth Carolina
US Congressional members from NC '
1
Economic Development Benefits
1. Significant improvement for the transport of military personnel and equipment, saves time -and
money. ltili s NC State Port (NCSPA) for military deployment instead of sending equipment
and personnel to ports o Charleston and Norfolk,
2. Provides additional rail serVice to C
3. Supports movement to and from the P for agricultural freight from underserved counties
in southeast NC whose economies rely heavily on the importing and exporting of their products.
4. Eliminates the reed to send freight business out of state for transport.
5 Currently., there ore two bridges (ire I lavassa and one over the NE Cape Fear River) on the only
route into Wilmington. Each of these bridges are over 100 years Old and have substantial
weight restrictions due to their size and age. Additionally, the N E Cape Fear bride'span.s
industrial river traffic for a chemical facility located in Castle Hayne. If there was an accident that
put either bridge out of service, freight traffic to the NC SPA would end until the repairs were i
corn pleted.
6. Most immediate economic impact would move on this section of rail would be the swine and
poultry industry in E. North Carolina-
. •
-The NC State Port projects''45,000 tons per vessel call
-ha If d livered by truck and half by ra i I w uId a lu to to 225 rail cars (22,500 tons /100
tors per car r =225).
-1 vessel per month equals 2700 rail cars per year and of course if entire vessel's cargo
delivered by rail, then there would be 5400 rail cars.
-s info, if under the above assumptions, al cargo roved by truck, there would be
22500 trut -loads per yea r. Basically, it i to I ratio. I rail cars equals about 4 truck-
loads.
7. There are several industrial facilities in NHC that are currently considering expansion. D m' and
for rail service is expected to in r ease .substantially as a result of these expansions.
g. There are several emerging industries in the central southeastern prtion of N C -that need rail .
i service to support their -export services, again rail demand is expected to increase.
u estate ports need to find their riche as ocean going Freight along the east coast will increase
ubstantiaiiy with the re-open I ng of the Pa nama Canal. Additional raniI access will increase our .
viability and competitive position.
.. Increasing freight activity will increase job opportunities for our Longshoreman and other port-
related jobs across the stage.
Board of Commissioners Meeting
11/07/2011
9 -2 -2
Restoration f the Wallace to Castle Mayne Fail Corridor
Econo mic Feasibility Study
1. Introduction and Purpose of the Study
continuing goal for the use of the forth Carolina Department of Transportation's State -owned
rail infrastructure is to enhance the economy of North Carolina by directly providing or facilitating
the provision of competitive rail service for use by North Carolina business and Industry. Cost-
effective and efficient transportation of freight, both international and domestic, has been
recognized by the NC T, the NC State forts Authority NCSP , the NC Department of
Commerce (NCDOC), and other state agencies as critical to the success of the State's economy.
This economy is highly dependent upon the ability to move goods and passengers throughout the
state, as well as to and from other domestic and foreign markets. Remaining competitive with.
business and industry located in - adjacent states is a vital component of sustaining the State
economy. 'These competing businesses can utilize major seaports such as Norfolk, Charleston and
Savannah, which have excellent rail connections to pmt mainline routes, to attract -large
volumes of freight and provide business incentives.
Freight to and from the Port of Wilmington and the business and industry located within
southeastern North Carolina's coastal counties relies exclusively upon rail service provided by CSX
Transportation (CSXT). CSXT gains access to Wilmington from the west via. their Wilmington
Subdivision, a former Seaboard Air Line (SAL) route, which is the only current rail route into the
Wilmington area. The majority of rail traffic to and from Wilmington passes through CSXT's
congested rail center and hump yard at Harnlet before accessing the primary C.SXT north -south and
east -west mainlines. Hence, rail access from Wilmington to a major portion of the state's
population and business centers, Raleigh- Durham, and the 1-95 corridor is circuitous and indirect.
Agricultural commodities used and produced within southeastern North C rolina, business and
industry products of greater - Wilmington, and -a large volume and variety of iritenational imports
and exports flowing through the fort continue ue to be hampered by this indirect rail routing.
Development of high - capacity, -high service - level, competitive rail- service has ' not proven to be a
strong interest of CSXT over this line. Norfolk Southern Corporation NS currently does not have
access to the Port of Wilmington, thus limiting competition for rail services.
State of North Carolina officials shoved their visionary thinking in 1994 when the Mate acquired
and preserved about 27 miles of the former CSXT W &W Subdivision. CSXT abandoned a portion
of this former Atlantic Coast Lire (ACL) route between Wallace and Castle Hayne in the mid-
1980s. CSXT removed the track and most of the bridge structures at that time, and the corridor has
been dormant since then. This Study will examine the feasibility of restoring this abandoned right -
of -war to an active freight railroad as are alternative and more direct freight routing for southeastern
North Carolina. This rail corridor, which the State purchased in 1994, would connect the C9XT
lines serving the fart at Wilmington to Wilson (via ontentnea ) and points . rth on the CSXT
system. This would - fo n a more direct and less - congested rail route that would use the primary
CSXT north -south main line along the 1 -95 Corridor. Figure l shows the NC state railroad, system
map to illustrate the location of Wilmington and the Wallace to Castle Hayne segment relative to
business centers in NC and adjacent states.
Chapter 1 Page 1 of
February 2004
Board of Commissioners Meeting
11/07/2011
9 -2 -3
Restoration of the Wallace to Castle' Layne bail Corridor
M kN i 1
Ma
Ec onomic Feasibility.Study
This Study is jointly sponsored by. the NC DOT Rail Division and the NCSPA. Improved rail system
advantages would be created by avoiding the :current circuitous rail routing by reopening the
Wallace to Castle Hayne segment. The reopening would - increase the potential - to attract new
business for the Port of Wilmington. A newly reopened - rail segment would provide new
opportunity for deep inland rail service and direct rail service to and from the Port to inland
industrial sites. A recently completed grain facility at the Port consists of a ship -shore grain
handling conveyor system and shore storage bins (Circ.-A-Bis'). This joint venture of the NCSPA-
and the pnmary hog - production cooperative withmn North Carolina was placed into service in early
2003. Currently, import grain arrives at the fort by ship, and then is moved by truck to several feed-
mixing sites in the Mcinity of Wallace and Warsaw, both north of the severed Wallace to Castle
Hayne rail segment. The NCSPA has identified the potential of using .a grain shuttle train from the
Port to the Wallace Warsaw area using the restored line. segment as an alternative to trucking.
Additionally, a restored line segment could also provide a more efficient routing for export grain to
be shipped in unit trains to the Port.
CSXT,, although a potential major stakeholder, has not provided input for this Study,' At the
initiation of this project, the NCDOT Rail Division and CSXT had several conversations regarding
the proposed level ' of participation by CSXT. NC DOT and CSXT were not able to come to an
agreement to identify CSXT's participation at any level. Therefore, the NC DOT Rail Division
subsequently detennirned that this Study would proceed without direct CSXT input, , using
information regarding CSXT routes and knowledge of CSXT operations to which. NC T already
had access. HDR's effort for this Study has used only information provided by NCI T: - NCDOT
finished a draft Project Report for CSXT for their review in November 2003. CSXT's response is
included as Appendix P.
This Study sloes not address any environmental issues, A separate environmental screening review
of the potential reopening was completed in late 2002 by another consultant to the NC DOT - .ail .
Division. After this Report has been circulated among the ley stakeholders, future planning 'ill
include identifying the requisite steps in the environmental process, Public. involvement has not
been touched upon for this Study and will also be considered independently as the planning process
proceeds.
The NC DOT Rail Division anticipates that the key stakeholders will review the contents of this
Report and provide comments toward preaching .a consensus on the potential of the restoration of the
wallae to Castle Hayne rail segment. Then, issues of funding, phasing and stakeholder
responsibilities must be defined in order to determine what appropriate next steps will be required
to move the project from concept through advanced planning and design to implementation.
Meths
The overall objective of this Study is to provide and test a `Proof of Concept" that will examine
both the technical and economic feasibility of reopening the Wallace to Castle Hayne -rail segment.
The results of this Study are given in this Report that will:
Chapter 1 Page 2 of 4 February 2004
Board of Commissioners Meeting
11/07/2011
9 -2 -4
Restoration of the Wallace to Castle H yna Flail Corridor
Economic Feasibility Study
• Determine infrastructure improvements and capital costs required to reopen the Wallace t } -
Castle Hayne segment for 40 rnph freight operation.
Recommend improvements and determine capital costs for existing CSXT connecting line
segments to support the reopening.
Evaluate the existing and reopened rail operations to determine potential cost savings and
benefits to rail users.
Determine the overall economic value to private business and to the public derived from
reopening the railroad segment.
I etermffie the financial feasibility and provide justification for completing the reopening
project to support freight rail operations.
In conducting this Study, HDR has reviewed information provided by NC DOT for the abandoned
Wallace to Castle Mayne corridor and for existing active .CSXT corridors. HDR and NC DOT staff
jointly performed a field review to assess the features 'and - general condition of the abandoned'
corridor. Since CSXT was not an active participant in this Study, HDR staff was limited to nl r
cursory observations of CSXT train operations and CSXT- owned infrastructure at points of public
access, i.e. highway-railroad grade crossings, adja ent highways, and overpasses, Interviews with
staff from local shippers and connecting short -line railroads also provided insight into CSXT
operations in the area.
HDR conducted a number of stakeholder interviews, which are documented in this Report. In July
2003, HDR staff conducted a project workshop in Raleigh to brief key stakeholders of the progress
of the Study. Representatives of the NC DOT Rail Division, NCS A, NC C, and CSXT attended
this workshop.
The remainder of this Report is organized as follows:
Chapter 2 includes an overview of the' existing CSXT rail operations and - routes in
southeastern North Carolina. This chapter also identifies potential rail operating scenarios
for the reopened segment,
► Chapter 3 identifies the rail infrastructure needs that would he required to restore 27.1 miles
of former railroad track between Wallace and Castle Mayne to again allow freight. rail
operations,
Chapter 4 considers rail infrastructure upgrades on the existing connecting CSXT -owned
trackage. These upgrades are recommended to permit higher speeds for freight
train service with greater flexibility and reliability.
Chapter 5 contains an economic analysis that evaluates the - costs/benefits and regional
economic development impacts that may accrue to the various project stakeholders. These
parties include the State of North Carolina; the NCS A; CSX Transportation; private
businesses and industry; local governments; and other economic units along the reopened
rail corridor, as well as other regions of the Mate.
The Appendices contain relevant information that is referenced in the Report including order-of-
magnitude cost estimates for rail infrastructure needs.
Chapter 1 Page 3 of 4 February 2004
Board of Commissioners Meeting
11/07/2011
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Board of.Commissioners Meeting
11/07/2011
9 -2 -6
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 7, 2011
REGULAR
ITEM: 10
DEPARTMENT: County Attorney PRESENTER(S): Avril Pinder, Finance Director
CONTACT(S): Avril Pinder, Finance Director
SUBJECT:
Consideration of Acquisition of 127 South College Road, Wilmington, NC
BRIEF SUMMARY:
The Hebert Group, LLC is agreeable to selling the property known as Break Time Billiards and Ten Pin
Alley for $2,925,000.
After conveying title to the County, the Hebert Group would lease the property for an initial seven -year term
of $28,438 per month. Upon Board authorization of the Buy -Sell Agreement, County staff would complete
environmental, survey, and title due diligence and close. County would later undertake a municipal
financing to reimburse the purchase price and associated expenses paid out of the General Fund.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Build and maintain infrastructure
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve Buy -Sell Agreement and adopt the ordinance for budget amendment 12 -061 for acquisition costs.
A mm A d' 11X_% X1U XT9P Q.
Buy -Sell Agmt
B/A 12 -061
Lease Amendment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
The item was tabled by a vote of 3 -2, Commissioners Catlin and Davis dissenting.
Board of Commissioners Meeting
11/07/2011
10 -0
New Hanover County Contract # 12- 0106 -B
NORTH CAROLINA
NEW HANOVER COUNTY
BUY AND SELL AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2011 by and
between The Hebert Group, LLC referred to as SELLER; and NEW HANOVER COUNTY, 230
Government Center Drive, Wilmington, N.C. 28403 hereinafter referred to as BUYER;
WHEREAS, BUYER desires to acquire the subject property herein for a public purpose:
WITNES SETH:
That the subject to and in consideration of the terms and conditions hereinafter set forth,
SELLER has contracted to sell to BUYER and BUYER has conditionally contracted to
purchase from SELLER that certain tract or parcel of land lying and being in the County of New
Hanover, North Carolina, Tax Parcel No. 4916 - 003 - 008 -000, being all those properties known
as Break Time Billiards, Bar and Grille and Ten Pin Alley, constituting approximate 3.5 acres as
part of Lot 5, Market Place Subdivision, Deed Book 3814, Page 78, New Hanover County
Registry, with a street address of 127 South College Road.
The terms and conditions of this sale and purchase are as follows:
1. The purchase price for said premises is Two million nine hundred twenty five
thousand Dollars ($2,925,000).
2. The purchase price is to be paid to SELLER, or is designated agent, in cash within
ninety (90) days of approval of this agreement by the New Hanover County Board of
Commissioners upon delivery of the deed for said property to the BUYER.
Board of Commissioners Meeting
11/07/2011
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New Hanover County Contract # 12- 0106 -B
3. All ad valorem taxes, including any delinquent taxes, are to be paid by SELLER
except current year taxes which, are to be prorated on a calendar year basis to the date
of closing and final settlement.
4. SELLER agrees and binds itself, its successors and assigns, upon payment of the
purchase price for said land, as hereinbefore provided, to execute and deliver to
BUYER, or its assigns, a good and sufficient deed in fee simple, conveying a good
and marketable title to said land and premises to BUYER, with general warranty and
free from encumbrances, except public utility easements of record and zoning
regulations.
5. BUYER may obtain, with BUYER bearing cost thereof, a current standard PHASE I
ENVIRONMENTAL AS SES SEMENT. BUYER'S obligation to purchase is
expressly contingent upon the results and finding of any ENVIRONMENTAL
ASSESSMENT being acceptable to BUYER.
6. SELLER shall furnish excise stamps to be affixed to deed and BUYER shall be
responsible for recording deed.
7. Parties hereto agree to execute any and all other documents or papers that may be
necessary in connection with the transfer of title as hereinbefore set fort, possession
of the property.
8. It is understood and agreed by the parties hereto that the terms and conditions
contained herein shall inure to the benefit of the BUYER and SELLER, their
successors, heirs, assigns, and administrators.
Board of Commissioners Meeting
11/07/2011
10-1-2
New Hanover County Contract # 12- 0106 -B
9. The BUYER' S duty to perform hereunder is expressly contingent upon the Seller, at
closing of the real property purchase, entering into a Lease with Buyer for the subject
properties, in the form attached hereto and incorporated herein as Exhibit "A ".
10. To the extent not inconsistent herewith, all those terms, conditions and provisions set
forth in the NCAR/BAR model agreement for purchase and sale of real property are
incorporated hereby by reference.
11. The Buyer's duty to perform hereunder is expressly contingent upon Buyer
conducting any appropriate approvals in a public meeting of the Board of County
Commissioners.
WITNESS, our hands and seals the day and year first above written.
NEW HANOVER COUNTY
{SEAL I
Bruce Shell, County Manager
ATTEST:
Sheila L. Schult
Clerk to the Board
The Hebert Group, LLC
Member /Manager
(SEAL)
Board of Commissioners Meeting
11/07/2011
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New Hanover County Contract # 12- 0106 -B
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 County Attorney
NORTH CAROLINA
NEW HANOVER COUNTY
I, , a Notary Public of the State and County aforesaid,
certify that Sheila L. Schult personally came before me this day and acknowledged that she is
Clerk to the New Hanover County Board of District Commissioners, and that by authority duly
given and as the act of the District, the foregoing instrument was signed in its name by its
County Manager, Bruce Shell, sealed with its corporate seal and attested by herself as its Clerk.
WITNESS my hand and official seal, this day of , 20_.
Notary Public
My commission expires:
STATE OF NORTH CAROLINA
COUNTY OF
I, a Notary Public in and for the State and County
aforesaid, certify that , personally came before me this day and
acknowledged that (s)he is Member /Manager of the Hebert Group, LLC, and that by authority
duly given and as the act of the limited liability corporation, the foregoing instrument was
signed.
WITNESS my hand and official seal, this day of , 20
Notary Public
My commission expires:
Board of Commissioners Meeting
11/07/2011
10-1-4
AGENDA: November 7, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 061
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -061 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth / Economic Development
Strategic Objective(s): Build / maintain infrastructure
Fund: General Fund
Department: Property Management /Finance
Expenditure:
Decrease
Increase
Property Management:
Capital Outlay - Building
$3
Finance /Debt Service:
Installment Lease Payments
75
Bond Service Charges
$o
5
Total
$0
$3,263,835
Revenue:
Decrease
Increase
Finance /Long Term Debt Issued:
Installment Loan Proceeds
$3
Finance /Charges for Services:
Rent
$80
Total
$o
$3,263,835
Section 2: Explanation
To budget a $3,263,835 increase in expenditures and revenues for the purchase and repair of Break Time
Grill and Ten Pin Alley. $2,933,835 will fund the purchase of the property and $250,000 will be used to
make necessary immediate repairs to the property. The County desires to expend its own funds for the
purpose of paying certain costs of the project, for which expenditures the County reasonably expects to
reimburse itself from the proceeds of debt to be incurred by the County. This declaration of official intent
is made pursuant to Section 1.150 -2 of the Treasury Regulations to expressly declare the official intent of
the County to reimburse itself from the proceeds of debt to be hereinafter incurred by the County for
certain expenditures paid by the County on or after the date, which is sixty (60) days prior to the date
hereof.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 12 -061, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 7th day of November, 2011.
(SEAL)
ATTEST:
Jonathan Barfield, Jr., Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
10-2-1
New Hanover County Contract # 12 -0151
LEASE AGREEMENT
1. PARTIES.
This Lease Agreement (the "Lease "), made this day of , 201 , by and
between New Hanover County ( "Landlord "), 230 Government Center Drive, Wilmington,
NC 28403, and HEBERT ENTERPRISES, INC., a North Carolina corporation, 127 S.
College Road, Wilmington, North Carolina 28043 ( "Tenant "):
WITNESSETH:
2. PREMISES.
Landlord leases to Tenant and Tenant leases from Landlord for the term and upon the
terms and conditions set forth in this Lease certain premises (the "Demised Premises ")
in New Hanover Government Center (the "Government Center ") on a tract of land
situated in the City of Wilmington, State of North Carolina, more specifically described
as Lot 5, Market Place Subdivision, with a street address of 127 S. College Road,
Wilmington, North Carolina, Tax Parcel No. R04916- 003 - 008 -000, known as Break
Time Billiards, Bar and Grille and Ten Pin Alley, together with the right of the
non - exclusive use in common with others of all such automobile parking areas,
driveways, footways and other facilities designated for common use as may be provided
by Landlord from time to time; subject, however, to the terms and conditions of this
Lease and to such rules and regulations for the use thereof as may be prescribed by the
Landlord from time to time.
3. POSSESSION.
(a) Plans and Specifications Tenant agrees to submit to Landlord plans and
specifications covering all work and installations which Tenant proposes to do in the
Demised Premises, including, without limitation, interior store layout, fixtures and decor.
Such plans and specifications shall be prepared in such detail as Landlord may require
and Tenant agrees not to commence work upon any of the aforesaid Tenant's work until
Landlord has approved such plans and specifications in writing. Landlord agrees to act
with reasonable promptness with respect to review of such plans and specifications.
(b) Effect of Occupancy By occupying the Demised Premises after the delivery
of possession, to install fixtures, facilities or equipment, or to perform finishing work or
for any other purpose, Tenant shall be deemed to have accepted the same and to have
acknowledged that the Demised Premises are in the conditions required by this Lease.
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4. USE AND OPERATION.
New Hanover County Contract # 12 -0151
(a) Use Tenant shall use and occupy the Demised Premises solely for operating
a business for a restaurant and amusement facility. Tenant will not use the Demised
Premises for, or carry on or permit upon the Demised Premises, any offensive, loud,
noisy or dangerous trade, business, manufacture or occupation or any nuisance or
anything against public policy, nor permit any adult entertainment, including, but not
limited to nudity and topless staff, nor permit any auction sale to be held or conducted in
or about the Demised Premises, and Tenant further agrees that the Demised Premises
shall not be used or be permitted to be used in whole or in part during the term of this
Lease for any purpose or use in violation of any of the laws, ordinances, regulations or
rules of any public authority at any time applicable thereto. No events or promotions
shall occur within the parking area or other public area of the Government
Center /Market Place Mall without the express written consent of the Landlord.
(b) Operation. Tenant shall operate all of the Demised Premises unless
prevented from doing so by causes beyond Tenant's control. Subject to inability due to
strikes or labor disputes and during the time Tenant shall be required to be open for
business, Tenant shall carry on its business in the Demised Premises.
5. TERM.
The term of this Lease shall commence on December 1, 2011 (the "Commencement
Date ") and shall end (unless sooner terminated as hereinafter provided) at midnight on
the date of November 30, 2018. The initial term and any extensions thereof are
hereinafter referred to as the "Term." Any extensions are within the sole discretion of
Landlord and to be considered must be submitted by Tenant at least sixty days prior to
the term expiration date. The rental is subject to annual CPI increases capped at 5 %.
The Consumer Price Index (CPI) refers to the CPI -U for All Urban Consumers; U.S. City
average; all items complied by the United States Department of Labor for the year
ended December 31, or one and one -half (1.5 %) percent annually, whichever is greater.
The rent term is subject to Landlord's Right of Termination as set forth in Section 14(e).
6. FIXED RENT.
During the Term, Tenant covenants and agrees to pay to Landlord a monthly rental as
follows:
For one (1) year, $28,438 per month.
The base rent per month is $28,438. Rents are payable, without prior written demand,
recoupment or setoff, in equal monthly installments as stated above. The Fixed Rent
and any additional rent or charges due under this lease may be referred to hereinafter
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New Hanover County Contract # 12 -0151
collectively as the "Rent ". In addition to rent, the Tenant shall also reimburse Landlord
all stormwater management fees and charges imposed on the subject property by the
City of Wilmington.
7. COMMON FACILITIES.
(a) Common Facilities Defined All facilities furnished in the Government Center
and designated for the general use, in common, of occupants of the Government Center
including but not limited to parking areas, fire sprinkler alarm system, streets, sidewalks,
canopies, roadways, loading platforms (except for those installed by individual tenants),
washrooms, shelters, ramps, landscaped areas and other similar facilities (the
"Common Facilities ") shall at all times be subject to the exclusive control and
management of Landlord; and Landlord shall have the right from time to time to change
the area, level, location and arrangement of the Common Facilities, to restrict parking
by tenants and their employees to employee parking areas, and to make all rules and
regulations and to do such things from time to time as in Landlord's sole discretion may
be necessary regarding such facilities.
(b) Common Facilities Maintenance Landlord shall supervise, maintain, and
insure the Common Facilities of the Government Center and shall keep all of the
parking areas marked in appropriate lanes for convenient parking and cleaned and free
of rubbish, waste, refuse and /or other debris including snow and shall make all
necessary repairs and replacements in and upon the parking lots and other Common
Facilities so as to properly maintain and keep the same in good, serviceable and useful
condition throughout the Term. Provided, however, Tenant shall be responsible for the
utility billing for the exterior and parking lot lighting on the Tenant's electrical service.
8. UTILITIES.
After delivery of possession of the Demised Premises by the Landlord and during the
Term, the Tenant shall pay for all electricity, heat, air conditioning, water, sewerage,
janitor service, ordinary and customary HVAC maintenance, garbage disposal,
stormwater costs, and other utilities or services required by it in the use of the Demised
Premises. Landlord shall have no liability for failure to provide such heat, air
conditioning or other utilities or services. Tenant agrees to operate its heating and air
conditioning unit in the Demised Premises during all hours that Tenant's business is
open.
9. REPAIRS.
(a) Repairs to be Made by Landlord Landlord will keep the roof, exterior walls,
structural columns, roof penetrations and structural floors which collectively enclose the
Demised Premises, excepting any work done by Tenant and all doors, door frames,
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New Hanover County Contract # 12 -0151
storefronts, windows and glass, in proper repair, provided that in each case Tenant shall
have given Landlord prior written notice of the necessity of such repairs and provided
further, that if any such repair is required by reason of Tenant's negligence or the
negligence of any of its agents, employees or customers, or other persons using the
Demised Premises with Tenant's consent, express or implied, Landlord may make such
repair and, to the extent the cost of such repairs is not coverable by the policy of hazard
insurance required to be carried by Landlord on the Government Center pursuant to this
lease, shall add the cost thereof to the first installment of rent which shall thereafter
become due. Landlord shall not be liable to Tenant, except as expressly provided in this
lease, for any damage or inconvenience, and Tenant shall not be entitled to any
abatement or reduction of any Rent due to any repairs, alterations or additions made by
Landlord under this Lease. The Landlord will keep the heating and air conditioning in
good order at its own expense, with Tenant bearing costs only of regular inspection and
ordinary maintenance as set forth below in subsection (b).
(b) Repairs to be Made by Tenant Except as otherwise provided in this Section,
Tenant will keep the Demised Premises, which includes, but is not limited to, all
electrical, plumbing and other mechanical installations, all doors and all plate glass and
door and window glass in good order, accomplishing any and all repairs, alterations,
replacements and modifications at its own expense and using materials and labor of
kind and quality equal to the original work and will surrender the Demised Premises at
the expiration or earlier termination of this lease in as good condition as when received,
excepting only deterioration caused by ordinary wear and tear and damage by fire or
other casualty of the kind insured against in standard policies of fire insurance and
extended coverage. Further, Tenant shall contract with and maintain a licensed and
reputable heating and air conditional firm for regular inspection and maintenance of
mechanical equipment, including but not limited to, regular monthly replacement of
filters, thorough inspection and vacuuming of interior of HVAC units, cleaning HVAC
drain pans and rust treatment of corrosion, cleaning coils and lubrication motors,
pursuant to a County check list and furnish Landlord a copy of said maintenance
contract or agreement within thirty (30) days of the Commencement Date of this Lease.
Landlord is to be furnished copies of the completed County check list and service
reports on a monthly basis. The Tenant shall be responsible for arranging service call
for the specified regular inspection and maintenance using County recommended
vendor(s).
(c) Tenant's Refusal to Make Repairs. If Tenant refuses or neglects to make the
repairs and replacements required hereunder to the reasonable satisfaction of Landlord
as soon as reasonably possible after written demand, Landlord may, but is not required
to, make such repairs without liability to Tenant for any loss or damage that may occur
to Tenant's merchandise, fixtures or other property or to Tenant's business by reason
thereof and upon completion thereof, Tenant shall pay Landlord's costs for making such
repairs or replacements as additional rent. Tenant's failure to pay such costs of repairs
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New Hanover County Contract # 12 -0151
or replacements shall be an Event of Default under this Lease.
10. ALTERATIONS BY TENANT.
Tenant will not make any alterations, improvements or additions to the Demised
Premises of a structural nature, including, without limitation, any alterations of the
storefront, signs or any cutting or drilling into any part of the Demised Premises or any
securing of any fixture, apparatus or equipment of any kind to any part of the Demised
Premises without first obtaining the written consent of Landlord. All alterations,
improvements and additions made by Tenant shall remain upon the Demised Premises
at the expiration or earlier termination of this Lease and shall become the property of
Landlord unless Landlord informed Tenant at the time of Landlord's approval of the
alterations that such alterations would have to be removed by the end of the tenancy, in
which event Tenant shall remove such alterations, improvements and additions to
restore the Demised Premises to the same good order and condition in which they were
at the Commencement Date. Should Tenant fail to do so, Landlord may do so,
collecting the cost and expense thereof from Tenant as additional rent.
11. AFFIRMATIVE COVENANTS OF TENANT.
Tenant covenants and agrees:
(a) Compliance with Laws and Regulations To comply with any and all
requirements of any of the constituted public authorities and with the terms of any state
or federal statute or local ordinance or regulation use of the Demised Premises,
including the Americans with Disabilities Act of 1990, together with the rules and
regulations promulgated thereunder, and save Landlord harmless from penalties, fines,
costs, expenses or damages resulting from failure to do so. If Tenant's use is as a
restaurant or other food purveyor, Tenant shall at all times maintain the highest
sanitation grade provided by the appropriate governmental agency.
(b) Notice of Accident or Damage. To give to Landlord prompt written notice of
any accident, fire or damage occurring in or to the Demised Premises and the Common
Facilities.
(c) Heat and Cooling. To keep the Demised Premises sufficiently heated and
cooled, as appropriate, to prevent freezing of water in pipes and fixtures or mold and
mildew accumulation.
(d) Operations. To conduct its business in the Demised Premises in all respects
in a diligent and dignified manner and keep the Demised Premises in first class
condition in accordance with high standards.
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New Hanover County Contract # 12 -0151
(e) Landlord's Rules and Regulations To comply with and observe the
reasonable, non - discriminatory rules and regulations which Landlord may adopt.
Tenant's failure to keep and observe said rules and regulations shall constitute a breach
of the terms of this Lease in the manner as if the same were contained herein as
covenants. Notice of the adoption of additional rules and regulations or amendments
thereto shall be given to Tenant simultaneously as to other tenants in the Government
Center.
(f) Mechanics' Liens To use commercially reasonable efforts to prevent the filing
of any mechanics' or other liens against the Demised Premises or any part thereof by
reason of work, labor, services or materials supplied or claimed to have been supplied
to Tenant or anyone holding the Demised Premises or any part thereof, through or
under Tenant. If any such lien shall at any time be filed against Tenant's interest in the
Demised Premises, Tenant shall either cause the same to be discharged of record
within twenty (20) days after the date of filing of the same, or, if Tenant, in Tenant's
discretion and in good faith, determines that such lien should be contested, shall furnish
such security as may be necessary or required to prevent any foreclosure proceedings
against Tenant's interest in the Demised Premises during the pendency of such contest.
If Tenant shall fail to discharge lien within such period or fail to furnish such security,
then, in addition to any other right or remedy of Landlord resulting from Tenant's said
default, Landlord may, but shall not be obligated to, discharge the same either by
paying the amount claimed to be due or by procuring the discharge of such lien by
giving security or in such other manner as is, or may be, prescribed by law. Nothing
contained herein shall imply any consent or agreement on the part of Landlord to
subject Landlord's estate to liability under any mechanics' or other lien law.
(g) Costs under this Section To repay the Landlord as additional rent, on
demand, all sums disbursed or deposited by Landlord pursuant to the foregoing
provisions of this Section, including Landlord's costs, expenses and reasonable
attorneys' fees incurred by Landlord in connection therewith, together with interest
thereon at the maximum rate allowed by law.
(h) Lease Modifications To execute reasonable lease modifications if in
connection with financing by Landlord of the Government Center, banking, insurance or
other recognized institutional lender shall request such reasonable modifications of this
Lease as a condition to such financing. Tenant will not unreasonably withhold, delay or
defer its consent thereto, provided that such modifications do not increase the
obligations of Tenant hereunder or materially adversely affect the leasehold interest
hereby created.
12. NEGATIVE COVENANTS.
Tenant will not do any of the following without prior consent in writing of Landlord:
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New Hanover County Contract # 12 -0151
(a) Violations of Insurance Requirements Do or suffer to be done, any act,
matter or thing objectionable to insurance companies whereby the first insurance or any
other insurance now in force or hereafter to be placed on the Demised Premises or any
part thereof, or in the building of which the Demised Premises may be a part, shall
become void or suspended or whereby the same shall be rated as a more hazardous
risk than at the date when Tenant receives possession hereunder. In case of a breach
of this covenant, in addition to all other remedies of Landlord hereunder, Tenant agrees
to pay to Landlord as additional rent, any and all increase or increases of premiums on
insurance, including rent insurance carried by Landlord on any part of the Government
Center, caused in any way by the occupancy of Tenant. In determining whether
increased premiums are the result of Tenant's use of Demised Premises, a schedule
issued by the organization making the insurance rate on the Demised Premises,
showing the various components of such rate, shall be conclusive evidence of the
several items and charges that make up the insurance rate on the Demised Premises.
(b) Disturbances. Commit or suffer to be committed by any person any waste
upon the Demised Premises or any nuisance or other act or thing which may disturb the
quiet enjoyment of any other tenant in the Government Center or which may disturb the
quiet enjoyment of any person within five hundred (500) feet of the boundaries of the
Government Center.
(c) Noise, Merchandise Display, Vending Machines, Gambling Machines and Pay_
Telephones. Use any loudspeakers, televisions, phonographs, radios or other devises
in a manner so as to be heard or seen outside the Demised Premises or display
merchandise on the exterior of the Demised Premises either for sale or for promotional
purposes or permit or cause to be permitted any vending machines, gambling machines
or pay telephones on the exterior of the Demised Premises without Landlord's express
written approval.
(d) Hazardous Substances. Use or allow the Premises to be used for the
Release, storage, use, treatment, disposal or other handling of any Hazardous
Substance without the prior consent of Landlord. The term "Release" shall have the
same meaning as is ascribed to it in the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. - 9601 et seq., as amended
( "CERCLA ").The term "Hazardous Substance" means (i) any substance defined as a
"hazardous substance" under CERCLA, (ii) petroleum, petroleum products, natural gas,
natural gas liquids, liquefied natural gas and synthetic gas, and (iii) any other
substance or material deemed to be hazardous, dangerous, toxic or a pollutant under
any federal, state or local law, code, ordinance or regulation.
13. SIGNS.
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(a) Landlord's Consent Tenant shall not decorate, paint or in any manner alter
the exterior of the Demised Premises or any part thereof, except in accordance with its
duties pursuant to this Section and with express Landlord approval and shall not install
or affix any sign, device, fixture or attachment on or to the exterior of the Demised
Premises or within the boundaries of the Government Center without first obtaining
Landlord's written consent. If Tenant shall do any of the foregoing acts in contravention
of this provision, Landlord shall have the right to remove any such decoration, paint,
alteration, sign, device, fixture or attachment and restore the Demised Premises to the
condition thereof prior to such act and the cost of such removal and restoration shall be
paid by Tenant as additional rent on the first day of the month next following such
removal or restoration.
(b) Identification Sign Tenant, at its expense, shall furnish and install at an
appropriate location on the exterior of the Demised Premises an identification sign of
such design, content, form and material as it may select for the purpose of designating
the business conducted therefrom as that of Tenant. Such sign shall be approved by
Landlord or Landlord's architect in writing. Tenant's storefront signage must be lit at a
minimum of from sundown until midnight. If Tenant does not install an identification sign
within thirty (30) days after the opening of the Demised Premises for business to the
public on the fascia above the store, then Landlord shall have the right to enter into the
Demised Premises for the purpose of installing said identification sign at the expense of
Tenant. Existing signage is hereby authorized and approved.
14. TENANT'S SECURITY DEPOSIT.
Tenant shall provide Landlord an initial cash security deposit of Two Hundred Thousand
($200,000) Dollars to be held by Landlord for performance of the lease obligations for
the initial seven years lease term. Landlord is authorized to unilaterally make any draws
upon said sum. The Security Deposit is subject to the terms and conditions of the Buy-
Sell Agreement entered into by the parties hereto for the subject property.
15. RIGHTS OF LANDLORD.
Landlord reserves, in addition to and not in substitution for other rights reserved herein,
the following rights with respect to the Demised Premises:
(a) Inspection of Demised Premises At all reasonable times, by itself or its duly
authorized agents, to go upon and inspect the Demised Premises and every part
thereof, and at its option to make repairs, alterations and additions to the Demised
Premises or the building of which the Demised Premises are a part. If Tenant shall not
be personally present to open and permit an entry by Landlord into the Demised
Premises, at any time and for any reason an entry thereon shall be necessary in the
sole discretion of Landlord, Landlord or Landlord's agents may enter the same without
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rendering Landlord or such agents liable therefore.
(b) Display of Signs To display a "For Sale" sign at any time and also, after
notice from either party of intention to terminate this lease or at any time within six (6)
months prior to the expiration of this lease, to display a "For Rent" sign or both "For
Rent" and "For Sale" signs, and all of said signs shall be placed upon said part of the
Demised Premises as Landlord shall require, except on display windows or door or
doors leading into the Demised Premises. Prospective purchaser or tenants authorized
by Landlord may inspect the Demised Premises at reasonable hours.
(c) Roof and Exterior Walls. To install or place upon or affix to the roof and
exterior walls of the Demised Premises equipment, signs, displays, antenna and any
other object or structure of any kind, provided the same shall not materially impair the
structural integrity of the building.
(d) Alterations to Government Center. To construct other or add to other
buildings or improvements in the Government Center and to permit others to do so from
time to time, provided access to and visibility of the Demised Premises shall not be
adversely affected. The exercise of any right reserved to Landlord in this Section, or
otherwise, shall never be deemed an eviction or disturbance of Tenant's use and
possession of the Demised Premises and shall never render Landlord liable in any
manner to Tenant or to any other person. The Landlord shall execute reasonable effort
to minimize disruption.
(e) Landlord's Right of Termination. The Landlord may unilaterally elect to
terminate this Lease prior to the end of the specified seven year term upon providing
one hundred eighty one (180) days prior written notice such intent, and paying the sum
of two hundred thousand ($200,000) Dollars when Tenant so vacate the Demised
Premises. Said two hundred thousand dollar payment shall, in such event, be the sole
and complete compensation to Tenant for lease termination.
16. INSURANCE AND DAMAGE TO PREMISES.
(a) Landlord's Obligations. Landlord will maintain commercial property and
commercial general liability insurance on the Government Center. If the Demised
Premises shall be damaged by fire or other casualty of the kind insured against in the
commercial property insurance policy, but are not rendered untenantable, Landlord shall
promptly at its own expense cause the damage to be repaired to the condition as
delivered to Tenant and the Rent shall not be abated. If by reason of such occurrence,
the Demised Premises shall be rendered untenantable only in part, Landlord shall
promptly at its own expense cause the damage to be repaired to the condition as
delivered to Tenant and the Fixed Rent and the Common Rent meanwhile shall be
abated proportionately as to the portion of the Demised Premises rendered
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untenantable. Further, if the Demised Premises shall be rendered wholly untenantable
by reason of such occurrence, the Landlord shall promptly at its own expense cause
such damage to be repaired to the condition as delivered to Tenant and all Rent shall
be abated; provided, however, that there shall be no extension of the Term by reason of
such abatement; and provided further, however, that if after the beginning of the last
year of the Term, the Demised Premises shall be destroyed or damaged to the extent of
fifty percent (50 %) or more of their replacement value above foundation walls or
rendered wholly untenantable, either party may terminate this Lease by notice to the
other party; said notice to be given within thirty (30) days of the event rendering the
Demised Premises damaged or wholly untenantable, provided that such termination
shall not affect any rights theretofore accrued to Landlord hereunder because of prior
defaults of Tenant. Except as herein provided, there shall be no obligation on Landlord
to repair or rebuild in case of fire or other casualty.
(b) Tenant's Obligations Tenant will maintain, at its expense, commercial
property insurance on the Tenant's inventory, trade fixtures, furniture, furnishings,
special equipment, floor and wall coverings and all other items of personal property of
Tenant located on or within the Demised Premises and improvements or betterments
made by Tenant to the Demised Premises with such coverage to be in an amount equal
to the replacement costs thereof. If Landlord is required to repair the Demised Premises
as herein provided, Tenant shall repair or replace its inventory, trade fixtures, furniture,
furnishings, floor and wall coverings, special equipment and other items of construction
and personal property of Tenant necessary for the operation of business in accordance
with the terms and conditions of this Lease.
(c) Increases in Premiums Tenant agrees that it will not keep, use, sell or offer
for sale upon the Demised Premises any article, which may be prohibited by the
standard form of fire insurance policy. Tenant agrees to pay any increase in premiums
for commercial property and commercial general liability insurance with all its
endorsements that may be charged during the Term on the amount of such insurance
which may be carried by Landlord on said Demised Premises or the building of which
they are a part, resulting from the type of merchandise sold by Tenant in the Demised
Premises, whether or not Landlord has consented to. In determining whether increased
premiums are the result of Tenant's use of the Demised Premises a schedule, issued by
the organization making the insurance rate on the Demised Premises, showing the
various components of such rate, shall be conclusive evidence of the several items and
charges which make up the fire insurance rate an the Demised Premises. In the event
Tenant's occupancy causes an increase of premium for the fire, boiler and /or casualty
rates at the Demised Premises, the New Hanover County Government Center or any
part thereof above the rate for the least hazardous type of occupancy legally permitted
in the Demised Premises, the Tenant shall pay the additional premium on the fire, boiler
and /or casualty and liability insurance policies by reason thereof. The Tenant also shall
pay in such event an additional premium on the rent loss through fire. Bills for such
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additional premiums shall be rendered by Landlord to Tenant at such times as Landlord
may elect and shall be due from and payable by Tenant when rendered, and the
amount thereof shall be deemed to be, and be paid as, additional rent.
(d) Limitations on Landlord's Liability Landlord shall not be liable for any damage
done or occasioned by or from the electrical system, the heating or cooling system, the
plumbing and sewer systems, nor for damage occasioned by water, snow or ice being
upon or coming through the roof, walls, windows, doors or otherwise, in, upon or about
the Demised Premises, nor for any damage arising from acts of negligence of other
tenants or occupants of the Government Center, and furthermore, Landlord shall not be
liable for any damage occasioned by reason of the construction of the Demised
Premises or for the failure to keep the Demised Premises in repair, unless Landlord is
obligated to make such repairs under the terms of this Lease and unless notice of the
need for such repairs has been given to Landlord, a reasonable time has elapsed and
Landlord has failed to make such repair. In any event, Landlord shall not be liable for
any damage to Tenant's inventory, trade fixtures, furniture, furnishings, floor and wall
coverings, special equipment and all other items or personal property of Tenant
resulting from fire or other hazards, regardless of the cause thereof, and Tenant hereby
releases Landlord from all liability for such damage. In no event shall either party be
liable for consequential damages associated with a default of the terms of this Lease.
17. INDEMNIFICATION AND COMMERCIAL LIABILITY INSURANCE.
(a) Tenant's Indemnification of Landlord. To the extent permitted by law, Tenant
shall and does hereby indemnify Landlord and agrees to save it harmless and, at
Landlord's option, defend it from and against any and all claims, actions, damages,
liabilities and expenses (including attorneys' and other professional fees), judgments,
settlement payments and fines paid, incurred or suffered by Landlord in connection with
loss of life, personal injury and /or damage to property or the environment suffered by
third parties arising from or out of the occupancy or use by Tenant of the Demised
Premises or any part thereof or any other part of the Government Center, occasioned
wholly or in part by any act or omission of Tenant, its officers, agents, contractors,
employees or invitees, or arising, directly or indirectly, wholly or in part, from any
conduct, activity, act, omission or operation involving the use, handling, generation,
treatment, storage, disposal, other management or Release of any Hazardous
Substance in, from or to the Premises, whether or not Tenant may have acted
negligently with respect to such Hazardous Substance. Tenant's obligations pursuant to
this Section shall survive any termination of this Lease with respect to any act,
omission, or occurrence that took place prior to such termination. To the extent
permitted by law, in no event shall Tenant have any obligation to indemnify Landlord for
claims associated with Landlord's negligence or willful misconduct.
(b) Liability Insurance. From the Commencement Date and continuing during the
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Term, Tenant shall procure and pay for commercial general liability insurance in the
amount of One Million Dollars ($1,000,000.00) combined single limit (bodily injury and
property damage) and naming Landlord as an additional insured under such policy by
endorsement CG 20 11.
(c) Acceptability of Insurers.
Insurance is to be placed with insurers licensed to do business in the State of
North Carolina with an A.M. Best's rating of no less than A VII unless Tenant has
granted specific approval.
18. CERTIFICATES OF INSURANCE. WAIVER OF SUBROGATION.
Tenant will furnish to Landlord, within thirty (30) days after the Commencement Date,
copies of policies or certificates of insurance in form of ACORD 25 evidencing
coverages required by this Lease. Landlord and Tenant, for themselves and for parties
claiming by, through or under Landlord or Tenant, mutually release and discharge each
other from all claims and liabilities and waive any right of subrogation which might
otherwise exist in or accrue to any person or entity on account thereof. All policies
required of Tenant hereunder shall provide for waiver of subrogation and shall contain
an endorsement providing that the Insurer will not cancel or materially change the
coverage of said policy or policies without first giving thirty (30) days prior written notice
thereof to Landlord.
19. TRADE FIXTURES.
All trade fixtures installed by Tenant in the Demised Premises shall remain the property
of Tenant and shall be removable at the expiration or earlier termination of this Lease or
any renewal or extension thereof; provided Tenant shall not at such times be in default
under this Lease; provided further, that in the event of such removal, the Tenant shall
have repaired the damage caused by such removal. Tenant shall promptly restore the
Demised Premises to their original order and condition. Any such trade fixtures not
removed at or prior to such termination shall be and become the property of Landlord.
Lighting fixtures and heating, ventilating and air conditioning equipment, whether or not
installed by Tenant, shall not be removable at the expiration or earlier termination of this
Lease, or at the expiration of any renewal or extension thereof, and shall become the
property of the Landlord.
20. ASSIGNING. MORTGAGING, SUBLETTING.
(a) Landlord's Consent Required. Tenant shall not, directly or indirectly, without
the prior written consent of Landlord assign this Lease or any interest herein or
sublease the Demised Premises or any part thereof or permit the use or occupancy of
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the Demised Premises by any person or entity other than Tenant. Tenant shall not,
directly or indirectly, without the prior written consent of Landlord, pledge, mortgage or
hypothecate this Lease or any interest herein. This Lease shall not, nor shall any
interest herein, be assignable as to the interest of Tenant involuntarily or by operation of
law without the prior written consent of Landlord. Any of the foregoing acts without the
prior written consent of Landlord shall be void.
(b) Consent Requirements In the event Tenant intends to assign this Lease or
sublet the Demised Premises, or any part thereof, Tenant shall give Landlord written
notice of such intent no less than fifteen (15) days prior thereto. Tenant's written notice
shall identify the intended assignee or subtenant by name and address, shall specify the
effective date of the intended assignment or sublease and the nature of the assignee's
or subtenant's business, and shall be accompanied by an exact copy of the proposed
agreement between Tenant and the proposed assignee or subtenant and a copy of the
assignee's or subtenant's current financial statement. Tenant shall provide Landlord
with additional information or documents reasonably requested by Landlord with respect
to the proposed transaction and the proposed assignee or subtenant.
(c) Assignee's or Sub - lessee's Agreemen Landlord further conditions its
consent to the assignment or sublease of the Demised Premises, or any part thereof, on
receipt prior to such assignment or sublease of an agreement in writing from such
assignee or sub- lessee to be bound by and perform all covenants, conditions and
agreements of this Lease applicable to Tenant.
(d) Additional Rent Tenant shall pay to Landlord, as additional rent, any and all
rent or other consideration, whether denominated rent or otherwise, realized by Tenant
under any such assignment or sublease in excess of the Rent payable hereunder
prorated to reflect the rent allocable to the portion of the Demised Premises subject to
such assignment or sublease.
(e) Tenant's Obligation No assignment or subletting by Tenant shall relieve
Tenant of any obligation under this Lease. Landlord's consent to any requested
assignment or sublease shall not be deemed consent to any subsequent assignment or
sublease.
21. SUBORDINATION: ESTOPPEL CERTIFICATE.
(a) Subordination This Lease is and shall be subject and subordinate in all
respects to any prior Deed of Trust and to all renewals, modifications, consolidations,
replacements and extensions thereof. This paragraph shall be self- operative and no
further instrument of subordination shall be required. In confirmation of such
subordination, Tenant agrees to promptly execute and deliver any instrument that
Landlord or the Trustee or any of their respective successors in interest may request to
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evidence such subordination..
New Hanover County Contract # 12 -0151
(b) Requirements upon Landlord's Default If Tenant is notified of Landlord's
assignment of this Lease as security for a mortgage loan and of the name and address
of the holder of such mortgage or Deed of Trust, Tenant shall not terminate or cancel
this Lease for any default on the part of the Landlord without first:
(i) Giving notice of its intention to do so to the holder of such mortgage or
Deed to Trust, the notice to describe in reasonable detail the nature and extent of the
default, and
(ii) Affording the holder of such mortgage or Deed of Trust a reasonable
opportunity to perform on behalf of Landlord its obligations under this Lease and within
the time limits set forth in the Lease.
(c) Estoppel Certificate Recognizing that both parties may find it necessary to
establish to third parties, such as accountants, banks, mortgagees or the like, the then
current status of performance hereunder Either party, on the written request of one to
the other made from time to time, will promptly furnish a written statement on the status
of any matter pertaining to this Lease. At any time within ten (10) days after such
request is made, Tenant shall execute, acknowledge and deliver to Landlord a
certificate evidencing:
(i) Whether this Lease is in full force and effect;
(ii) Whether this Lease has been amended in any way;
(iii) Whether there are any existing defaults hereunder to the knowledge of
Tenant and specifying the nature of such details, if any; and
(iv) The date to which rent has been paid.
22. REMEDIES CUMULATIVE: NON - WAIVER.
No remedy herein or otherwise conferred upon or reserved to Landlord or Tenant shall
be considered exclusive of any other remedy, but the same shall be distinct, separate
and cumulative and shall be in addition to every other remedy given hereunder, or now
or hereafter existing at law or in equity or by statute and every power and remedy given
by this Lease to Landlord or Tenant may be exercised from time to time as often as
occasion may arise or as may be deemed expedient. No delay or omission of Landlord
or Tenant to exercise any right or power arising from any default on the part of the other
shall impair any such right or power or shall be construed to be a waiver of any such
default or acquiescence therein.
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23. SURRENDER AND HOLDING OVER.
Tenant, upon expiration or termination of this Lease either by lapse of time or otherwise,
agrees peaceably to surrender to Landlord the Demised Premises in broom -clean
condition and in good repair as required by the provisions of this Lease hereof with only
normal wear and tear. In the event Tenant shall fail to surrender the Demised Premises
upon demand Landlord, in addition to all other remedies available to it hereunder, shall
have the right to receive as liquidated damages for all the time Tenant shall so retain
possession of the Demised Premises, or any part thereof, an amount equal to One
Hundred Fifty (150 %) Percent the Fixed Rent and One Hundred Fifty (150 %) Percent
the Percentage Rent as applied to such period. If Tenant remains in possession of the
Demised Premises with Landlord's consent but without a new lease reduced to writing
duly executed, Tenant shall be deemed to be occupying the Demised Premises as a
Tenant from month -to -month only, but otherwise subject to all the covenants, conditions
and agreements of this Lease with the exception that rents may be increased at
Landlord's discretion.
24. NOTICES.
All notices, demands or other communications of any type given by a party to the other,
whether required by this Lease or in any way related to this Lease, shall be given in
accordance with the provisions of this Lease in writing and shall be sent by a
recognized overnight courier service for next day delivery or by United States certified
mail, return receipt requested, postage prepaid and addressed to the parties at their
respective addresses set forth below. Notices sent in compliance with this Section shall
be effective (a) upon receipt or refusal if delivered personally; (b) one (1) business day
after deposit with an overnight courier service; or (c) three (3) business days after
deposit in the U.S. Mail. Either party may change the address for notice and the person
to whom notices are sent by giving the other party ten (10) days advance written notice
of such change of address.
TO LANDLORD AT: New Hanover County Government Center
Attention: Avril Pinder, Finance Director
230 Government Center Drive — Suite #165
Wilmington, NC 28403
TO TENANT AT: Hebert Enterprises, Inc.
127 S. College Road
Wilmington, NC 28403
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25. SUCCESSORS.
New Hanover County Contract # 12 -0151
All rights, obligations and liabilities herein given to, or imposed upon, the respective
parties hereto shall extend to and bind the several and respective heirs, executors,
administrators, successors, sub - lessees, licensees, concessionaires and assigns of
said parties, subject to the provisions providing for subordination, and except as
expressly provided in this Section. If there shall be more than one Tenant they shall all
be bound jointly and severally by the terms, covenants, conditions and agreements
herein and the word "Tenant" shall be deemed and taken to mean each and every
person or party mentioned as a Tenant herein be the same one or more. If there shall
be more than one Tenant any notice required or permitted by the terms of this Lease
may be given by or to anyone thereof. No right, however, shall inure to the benefit of
any assignee of Tenant unless the assignment to such assignee has been approved by
Landlord in writing as aforesaid. The use of the neuter singular pronoun to refer to
Landlord or Tenant shall be deemed a proper reference even though Landlord or
Tenant may be an individual, a partnership, a corporation or a group of two or more
individuals or corporations. The necessary grammatical changes required to make the
provisions of this Lease apply in the plural sense where there is more than one Landlord
or Tenant and to either corporations, associations, partnerships or individuals, males or
females, shall in all instances be assumed as though in each case fully expressed. The
term "Landlord" as used in this lease so far as covenants, conditions and agreements
on the part of the said Landlord are concerned shall be limited to mean Government
Center or its successors and assigns. In the event of any transfer or transfers of the title
to the Demised Premises, the said Landlord (and in case of any subsequent transfers or
conveyance, the then Grantor) shall be automatically freed and relieved from and after
the date of such transfer or conveyance of all liability as respects the performance of
any covenants, conditions and agreements on the part of said Landlord contained in this
Lease, thereafter to be performed, provided that any amount then due and payable to
Tenant by Landlord, or the then Grantor, under any provisions of this Lease, shall be
paid to Tenant, it being intended hereby that the covenants, conditions and agreements
contained in this Lease on the part of Landlord shall, subject as aforesaid, be binding on
Landlord, its successors and assigns, only during and in respect of their respective
successive period of ownership. Further, Landlord's liability under this Lease shall be
limited to and include only the interests of Landlord in the real estate comprising the
Government Center.
26. FORCE MAJEURE.
In the event Landlord or Tenant shall be delayed, hindered or prevented from the
performance of any act required hereunder, by reason of war, civil commotion, acts of
God, governmental restrictions, scarcity of labor or materials, strikes, labor walkouts or
any other reasons beyond its control, the performances of such act shall be excused for
the period of such delay and the time for completion of such performance shall be
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extended for the period necessary to complete performance after the end of the period
of such delay.
27. DEFAULT OF TENANT AND REMEDIES.
(a) Default Any one or more of the following events shall constitute an "Event of
Default" under this Lease:
(i) If Tenant shall continue in default in the payment of any Rent or other
sum of money becoming due hereunder for a period of five (5) days after Tenant's
receipt of written notice of such deficiency; or
(ii) If Tenant shall default in the performance of any other of the terms,
conditions or covenants contained in this Lease to be observed or performed by it and
does not remedy such default within twenty (20) days after written notice thereof or
does not within ten (10) days commence such act or acts as shall be necessary to
remedy the default and shall not complete such act or acts promptly; or
(iii) If Tenant shall become bankrupt or insolvent or file any debtor
proceedings or file in any court pursuant to any statute, either of the United States or of
any state, a petition in bankruptcy or insolvency or for reorganization or file or have filed
against it a petition for the appointment or a receiver or trustee for all or substantially all
of the assets of Tenant and such appointment shall not be vacated or set aside within
thirty (30) days from such appointment or if Tenant makes an assignment for the benefit
of creditors or petitions for or to an arrangement; or
(iv) If Tenant shall vacate, fail to operate in or abandon the Demised
Premises or any substantial part thereof for 60 days (whether or not rental payments
are being made) or suffer the Lease to be taken under any writ of execution and such
writ is not discharged or set aside within thirty (30) days; or
(v) The occurrence of any other event described as constituting an "Event
of Default" elsewhere in this Lease.
(b) Remedies. Upon the occurrence of an Event of Default, Landlord, without
notice to Tenant in any instance (except where expressly provided for below or by
applicable law) may do any one or more of the following:
(i) Declare the whole rent for the balance of the Term, or any part thereof,
immediately due and payable as if by the terms of this Lease it were payable in advance
and Landlord may immediately proceed to collect or bring action for the whole rent or
such part thereof as aforesaid, as rent being in arrears, or may file a proof of claim in
any bankruptcy or insolvency proceedings for such rent, or may institute any other
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proceedings to enforce payment thereof. Annual rent for the balance of the Term shall
be computed as equal to the average of the Fixed Rent plus the Percentage Rent, for all
lease years from the Commencement Date to the end of the Lease Year next preceding
the date of such occurrence (or if rent has been paid for a partial year only, then any
average of the monthly Fixed Rent plus Percentage Rent paid from the Commencement
Date multiplied by twelve (12).
(ii) Immediately re -enter and remove all persons and property from the
Demised Premises and dispose of such property as it sees fit, all without resort to legal
procedure and without being deemed guilty of trespass or becoming liable for any loss
or damage which may be occasioned thereby. If Landlord should elect to re -enter as
herein provided or should it take possession pursuant to legal proceedings, it may either
terminate this Lease or it may from time to time without terminating this Lease make
such alterations and repairs as may be necessary in order to re -let the Demised
Premises and re -let the Demised Premises for such term and at such rentals and upon
such other terms and conditions as Landlord may deem advisable.
(iii) In the event of such re- letting, all rentals received by Landlord shall be
applied, first, to the payment of any indebtedness other than rental due hereunder from
Tenant to Landlord; second, to the payment of any costs and expenses of such re-
letting, including the expense of alterations and repairs; third, to the payment of rental
due and unpaid hereunder; and the residue, if any, shall be held by Landlord and
applied in payment of future rental due and unpaid hereunder. If such re- letting shall
yield rentals insufficient for any month to pay the rental due by Tenant hereunder for
that month, Tenant shall be liable to Landlord for the deficiency and the same shall be
paid monthly.
(iv) No such re -entry or taking possession of the Demised Premises by
Landlord shall be construed as an election to terminate this Lease unless a written
notice of such intention is given by Landlord to Tenant at that time of such re- entry; but,
notwithstanding any such re -entry and re- letting without termination, Landlord may at
any time thereafter elect to terminate this Lease for such previous breach.
(v) Terminate this lease, either before or after re- entry, and at Landlord's
option recover from Tenant damages payable by Tenant hereunder for the remainder of
the Term and such reasonable rental value of the Demised Premises for the remainder
of the Term.
(vi) Utilize that security deposit to address monies owed Landlord or
reimburse expenses incurred by Landlord under this lease.
(vii) Exercise any other legal or equitable right or remedy to which it may
have recourse.
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28. IDENTITY OF INTEREST.
The execution of this Lease or the performance of any act pursuant to the provisions
therefore shall not be deemed or construed to have the effect of creating between
Landlord and Tenant the relationship of principal or agent or of a partnership or joint
venture.
29. SEVERABILITY.
If any term or provision of this Lease or the application thereof to any person or
circumstance shall to any extent be invalid or unenforceable, the remainder of this
Lease or the application of such term or provision to persons or circumstances other
than those as to which it is held invalid or unenforceable, shall not be affected thereby
and each term and provision of this Lease shall be valid and be enforced to the fullest
extent permitted by law.
30. BROKER.
Tenant warrants that it has had no dealings with any broker in connection with the
negotiations or execution of this Lease and Tenant agrees to indemnify Landlord and
hold Landlord harmless from and against any and all costs, expenses or liability for
commissions or other compensation or charges claimed by any broker or agent acting
for Tenant with respect to this Lease.
31. CAPTIONS.
Any headings preceding the text of the several sections and subparagraphs hereof are
inserted solely for convenience and reference and shall not constitute a part of this
Lease nor shall they affect its meanings, construction or effect.
32. TIME.
Time is of essence in this Lease. Whenever a period of time is herein prescribed for
action to be taken by Landlord or Tenant or whenever a date for completion of such
action is specified herein, Landlord or Tenant shall not be liable or responsible for, and
there shall be extracted from the computation of any such period equal to, as the case
may be, any delays due to war, civil commotion, acts of God, strikes or other labor
disputes, governmental restrictions or regulations or interference, fire or other casualties
or any other causes of any kind whatsoever which are beyond the reasonable control of
Landlord or Tenant, as the case may be.
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10 -3 -19
33. MEMORANDUM OF LEASE.
New Hanover County Contract # 12 -0151
Tenant shall execute and deliver, at the written request of Landlord, a memorandum or
short form of lease for the purpose of recording, but said memorandum or short form of
lease shall not be deemed to modify, change or effect any provision of this Lease in any
manner whatsoever. Tenant may elect to record either the Memorandum of Lease or
the Lease in its entirety.
34. ENTIRE AGREEMENT.
This Lease, with the Exhibits attached hereto, contains all of the agreements and
conditions made between the parties hereto and may not be modified orally or in any
manner than by agreement, in writing, signed by the parties hereto or their respective
successors in interest.
35. LEASE INURES TO THE BENEFIT OF ASSIGNEES.
This Lease and all the covenants, provisions and conditions contained herein shall inure
to the benefit of and be binding upon the heirs, personal representatives, successors
and assigns, respectively of the parties hereto.
36. GOVERNING LAW.
The laws of the State of North Carolina shall govern the validity, interpretation,
performance, and enforcement of this Lease.
37. QUIET ENJOYMENT.
Landlord covenants and agrees that upon Tenant paying the Rent and any other
charges due and payable and observing and performing all of the terms, covenants and
conditions on Tenant's part to be observed and performed, Tenant may peaceably and
quietly enjoy the Premises hereby demised, subject, nevertheless, to the terms and
conditions of this Lease and to any mortgages and Deeds of Trust.
38. RELOCATION OF PREMISES.
Landlord shall have the right and option by giving notice to Tenant to cause Tenant to
relocate its business, within ninety (90) days after such notice, to another location within
the Government Center, comparable in size and location to the Demised Premises,
mutually agreed upon by Landlord and Tenant, subject to the approval of the NC Real
Estate Commission. Within sixty (60) days after any such notice shall be given,
Landlord and Tenant shall execute and deliver an amendment to this Lease which shall
substitute a description of the premises to which Tenant is to be relocated for the
Page 20 of 23
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Board of Commissioners Meeting
11/07/2011
10 -3 -20
New Hanover County Contract # 12 -0151
description of the Demised Premises contained herein; otherwise all of the terms and
conditions of this Lease shall be applicable to Tenant's occupancy of the new premises.
If Landlord and Tenant cannot agree on a new location within such sixty (60) days after
notice of the exercise by Landlord of its relocation option described in the preceding
paragraph, then Landlord may elect to withdraw its notice requiring Tenant to relocate
its business, in which event Tenant shall remain in possession of the Demised Premises
and this Lease shall remain in full force and effect. If Landlord shall not elect to withdraw
its notice requiring Tenant to relocate its business, the Term shall terminate on the
ninetieth (90th) day after such notice, in which event Landlord agrees to pay to Tenant,
provided Tenant is not in default under this Lease, and, provided Tenant shall have
furnished Landlord with the statement referred to in the last sentence of this paragraph,
an amount equivalent to the unamortized value of Tenant's leasehold improvements
which were installed in the Premises at Tenant's sole cost and expense. Said
amortization shall be determined on the straight -line depreciation method allowed by the
Internal Revenue Code of 1986 (as amended) assuming a depreciation period
commencing with the placement in service of such leasehold improvements and ending
on the date of expiration of the Term. Payment of the amount equivalent to the
unamortized value of Tenant's Leasehold Improvements will be made to Tenant within
thirty (30) days after Tenant shall have vacated the Demised Premises in accordance
with the terms of this Lease, provided that Landlord shall have the right to deduct there
from any amounts due Landlord from Tenant pursuant to this Lease. For purposes of
this section, "Tenant's Leasehold Improvements" shall include partitioning, electrical
wiring, plumbing (other than plumbing fixtures), painting, wallpaper, storefront and other
permanent improvements installed, affixed or attached in or to the Demised Premises,
but shall not include (x) Tenant's inventory or stock in trade, (y) such trade fixtures,
electrical fixtures, equipment or apparatus as are removable by Tenant at the expiration
of the Term or (z) Landlord's fixtures or other improvements installed by or at the
expense of Landlord. In order for Tenant to be entitled to payment of the unamortized
value of its Leasehold Improvement as set forth in this section, Tenant shall, within sixty
(60) days after the Commencement Date, furnish to Landlord a statement, signed by an
independent certified public accountant, setting out in detail the cost of Tenant's
Leasehold Improvements. If this Lease shall be terminated as to any portion or all of
the Demised Premises pursuant to this section, the rights and obligations of the parties
hereunder shall cease as of the date specified herein and Rent (other than any
additional rental due Landlord by reason of Tenant's failure to perform any of its
obligations hereunder) shall be adjusted as of the date of such termination. No further
documentation shall be required to effect the termination of this Lease but each party
agrees that, upon the request of the other party to do so, it shall execute, acknowledge
and deliver an appropriate instrument evidencing such termination prepared by or at the
expense of the party requesting the same.
WITNESS, our hands and seals the day and year first above written.
Page 21 of 23
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Board of Commissioners Meeting
11/07/2011
10 -3 -21
New Hanover County Contract # 12 -0151
[SEAL]
ATTEST:
Clerk to the Board
[SEAL]
ATTEST:
Secretary
NEW HANOVER COUNTY
County Manager
Hebert Enterprises, Inc.
President
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 County Attorney
STATE OF NORTH CAROLINA
NEW HANOVER COUNTY
I, , a Notary Public of the State and
County aforesaid, certify that Sheila Schult personally came before me this day and
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Board of Commissioners Meeting
11/07/2011
10 -3 -22
New Hanover County Contract # 12 -0151
acknowledged that she is Clerk to the New Hanover County Board of Commissioners,
and that by authority duly given and as the act of the Board, the foregoing instrument
was signed in its name by its Manager, sealed with its corporate seal and attested by
herself as its Clerk.
201
WITNESS my hand and official seal, this day of
Notary Public
My commission expires:
STATE OF
COUNTY OF
I, , a Notary Public in and for the
State and County aforesaid, certify that , personally
came before me this day and acknowledged that (s)he Secretary of Hebert Enterprises,
Inc., a North Carolina corporation, and that by authority duly given and as the act of the
corporation, the foregoing instrument was signed in its name by its President.
201
WITNESS my hand and official seal, this day of
Notary Public
My commission expires:
Page 23 of 23
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10 -3 -23
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 7, 2011
REGULAR
ITEM:
11
DEPARTMENT: PRESENTER(S): Avril Pinder, Finance Director
CONTACT(S): Avril Pinder, Finance Director
SUBJECT:
Consideration of Budget Amendment for Hurricane Irene Expenditures
BRIEF SUMMARY:
In August, when Hurricane Irene approached the North Carolina Coast, New Hanover County opened the
Emergency Operations Center and two emergency shelters. $50,000 was originally budgeted. Expenditures
related to the storm preparation and cleanup currently exceeds $270,000. Staff is working with FEMA to
prepare project worksheets to capture these expenses and request reimbursement. The attached budget
amendment for $250,000 is to appropriate fund balance to pay for the anticipated cost until reimbursement is
received.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
• Keep the public informed on important information
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the ordinance for budget amendment 12 -059.
A mm A nu1%a1U1%,TmC.
Hurricane Irene Salary Worksheet
Hurricane Irene Vendor Worksheet
B/A 12 -059
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
A motion to approve subject to staff coming back with revised policy was approved 4 -1, Chairman Barfield
dissenting.
Board of Commissioners Meeting
11/07/2011
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AGENDA: November 7, 2011
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12 - 059
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina,
that the following Budget Amendment 12 -059 be made to the annual budget ordinance for the fiscal year
ending June 30, 2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety / crime prevention
Fund:
Department:
Keep the public informed on important information
Expenditure:
Decrease
Increase
Hurricane Irene
$25000
Total
1 $0 11
$250
Revenue:
Decrease
Increase
Appropriated Fund Balance
$25000
Total
1 $0 11
$250
Section 2: Explanation
This budget amendment is to appropriate fund balance for Hurricane Irene expenditures pending
reimbursement from FEMA. Prior to actions taken at the Board of County Commissioners meeting, the
Appropriated Fund balance is $5,903,930.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County, North Carolina, that the Ordinance for Budget Amendment 12 -059, amending the annual budget
ordinance for the fiscal year ending June 30, 2012, is adopted.
Adopted, this 7th day of November, 2011.
(SEAL)
Jonathan Barfield, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
11/07/2011
11 -3 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 7, 2011
REGULAR
ITEM: 12
DEPARTMENT: PRESENTER(S): Nicole Dreibelbis, Current Planner; and Jane
Daughtridge, Current Planning & Zoning Manager; (PB
Representative Dan Hilla)
CONTACT(S): Nicole Dreibelbis, Current Planner; and Jane Daughtridge, Current Planning & Zoning
Manager
SUBJECT:
Public Hearing
Rezoning Request (Z -912, 10 /11) - Request by Charlie Downs on Behalf of O'Reilly Automotive Stores,
Inc. to Rezone Approximately 2.657 Acres at 5232 Carolina Beach Road from R -15 Medium - Density
Residential to B -2 Highway Business District
BRIEF SUMMARY:
At their October 6, 2011 meeting, the Planning Board voted 5 -0 to recommend approval. (Mr. Collier
recused himself). Two adjacent property owners spoke in opposition, one citing concerns of traffic on
Antoinette Drive and the other questioning plans for an existing right -of -way, accessing his personal
property.
The parcel is identified as Conservation and Urban on the 2006 CAMA Land Classification Map.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Action Needed:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or
rejecting any zoning amendment, the governing board shall adopt a statement describing whether its
action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning map amendment from R -15, medium density -
residential to B -2, highway business as described is:
1. Consistent with the purposes and intent of the Urban classification in the 2006 CAMA Land Use Plan
and although the Conservation Land Classification is prevalent on this site, allowing commercial
development is perhaps a better choice than subjecting residential use to flood risks.
2. Reasonable and in the public interest to rezone 2.657 acres of R -15 residential property to B -2 highway
Board of Commissioners Meeting
11/07/2011
12 -0
business to make it consistent with the surrounding area.
ATTACHMENTS:
Z -912 Script for Rezoning
Z -912 Staff Summary
Z -912 Petition Summary
Z -912 Adjacent Property Owner Map
Z -912 Zoning Map
Z -912 Applicant Materials
Z -912 Authority for Appointment of Agent
Z -912 Public Comments
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners Meeting
11/07/2011
12 -0
Item # 12
Script for Rezoning (Z -912) 10/11
Request by Charlie Downs on behalf of O'Reilly Automotive Stores, Inc. to rezone
approximately 2.657 acres at 5232 Carolina Beach Road from R -15 medium - density
residential to B -2 Highway Business District. The parcel is identified as
Conservation and Urban on the 2006 CAMA Land Classification Map.
Swear in witness
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and
any opponents will each be allowed 15 minutes for their presentation and an additional 5
minutes for rebuttal.
2. Open the Public Hearing:
a. Staff presentation
b. Petitioner's presentation (up to 15 minutes)
c. Opponent's presentation (up to 15 minutes)
d. Petitioner's cross examination/rebuttal (up to 5 minutes)
e. Opponent's cross examination/rebuttal (up to 5 minutes)
3. Close the Public Hearing
4. Commissioner Discussion
5. If the Rezoning is denied there is a 12 month waiting period before you may resubmit.
Do you wish to proceed or do you wish to continue the matter?
6. Vote on rezoning.
The motion to rezone should include a statement saying how the change is or is not
consistent with the land use plan and why it is reasonable and in the public interest.
Examples of motions appear on the agenda item cover sheet.
Board of Commissioners Meeting
11/07/2011
12 -1 -1
CASE: Z -912, (10/11)
PETITIONER: Charlie Downs, Vice President of Real Estate, on behalf of O'Reilly Automotive Stores,
Inc.
REQUEST: Rezone from R -15, Medium Density Residential to B -2, Highway Commercial
ACREAGE: 2.657 Acres
LOCATION: 5232 Carolina Beach Road
LAND CLASS: Conservation and Urban
STAFF SUMMARY
PLANNING BOARD ACTION: At their October 6, 2011 meeting, the Planning Board voted 5 -0, Mr. Collier
recused himself, to recommend approval of the rezoning of 2.657 acres from R -15 to B -2. Two adjacent
property owners spoke in opposition, one citing concerns of traffic on Antoinette Drive and the other
questioning plans for an existing right -of -way, accessing his personal property.
PROPERTY SPECIFICS The property is accessed off of Carolina Beach Road, an urban principal arterial
roadway, located north of Antoinette Drive at its intersection with Carolina Beach Road. The parcel is a
2.657 acre tract, belonging to the Estate of Ethel F. Rogers. Uninhabited residential structures are in
place on the property.
CHARACTER OF THE AREA
Current Zoning The R -15 Residential District is established as a district in which the principal use of land
is for residential purposes and to insure that residential development not having access to public water
and dependent upon septic tanks for sewage disposal will occur at sufficiently low densities to insure a
healthful environment.
Immediately adjacent to this site are parcels currently zoned B -2 Highway Business District. Road
frontage along this portion of the Carolina Beach Road and eastward into Monkey Junction is
characterized by commercial zoning with areas behind the corridor zoned for R -10 or R -15 Residential
uses. West of the site is Marquis Hills subdivision, which provides interconnectivity for Brewster Place,
Lake Brewster and Sycamore Grove Subdivisions further south.
Proposed Zoning The purpose of the B -2 Highway Business District is to provide for the proper grouping
and development of roadside business uses which will best accommodate the needs of the motoring
public and businesses demanding high volumes of traffic. The district's principal means of ingress and
egress shall be along collector roads, minor arterials, and /or major arterials as designated on the
County's Thoroughfare Classification Plan. No B -2 District shall be less than five (5) acres in area.
Signage will be subject to the standards for the Carolina Beach Road corridor.
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TRAFFIC Carolina Beach Road is an urban principal arterial roadway. Antoinette Drive is a public
neighborhood collector street. Access to the property will require driveway permits from NCDOT. The
ADT, north of Antoinette Drive, has decreased from 34,842 (2010) to 29, 835 (2011). The portion of
Carolina Beach Road fronting the subject property has a transitioning 2007 LOS. Carolina Beach Road,
heading north has a 2007 LOS of E, meaning the roadway is operating at design capacity and traffic is
experiencing delays at intersections. Carolina Beach Road, heading south has a 2007 LOS B, meaning
there is a stable flow of traffic. The intersection of Carolina Beach Road and Antoinette Drive is
signalized to control the flow of traffic.
COMMUNITY SERVICES:
Water /Sewer: Still awaiting response from CFPUA.
Fire Protection: The property will be served by New Hanover County Fire Services.
Schools: School districts are determined by the New Hanover County Board of Education periodically. If
the request is granted, the use will not be residential, so no impact on schools is anticipated.
LAND CLASSIFICATION: The subject property is located in the southern portion of the county in an area
with two classifications. The majority of the property is classified as Conservation; however, the
southeast side of the property, adjacent to Antoinette Drive, transitions to Urban on the 2006 CAMA
Land Classification map.
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.
The purpose of the urban classification is to provide for continued intensive development and
redevelopment of existing urban areas.
ENVIRONMENTAL CONSIDERATIONS: The subject property is located within the Motts Creek watershed
drainage area which is classified as C; SW.
The northwest portion of the property is located within the AE floodway. And most of the property will
be subject to standards within the Flood Damage and Prevention Ordinance.
The soil maps indicate Johnston Soils, Kureb Sand and Lynn Haven Fine sand exist on site. Johnston is a
Class IV Soil determined to be unsuitable for septic tanks. Kureb Sand is a Class I Soil determined to be
suitable with slight limitations. Lastly, Lynn Haven Fine Sand is a Class III Soil, determined to have severe
limitations and known to require extensive modifications and intensive maintenance.
PLANS AND POLICIES:
Policy 4.3 of the 2006 CAMA Land Use Plan addresses the need to maximize effectiveness of commercial
uses by assuring that land is available for commercial uses within close proximity to the markets they
2 1 P age
Board of Commissioners Meeting
11/07/2011
12 -2 -2
serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential
areas. Buffers will be required for adjacent residential property in accordance with the zoning
ordinance.
STAFF POSITION: Staff feels the request for 5232 Carolina Beach Road is consistent with the intent for
the B -2 Highway Business District designation, with the additional calculations of adjacent existing B -2
Highway Business acreage and the property's principal means of ingress and egress along Carolina Beach
Road. Although the Conservation Land Classification is prevalent on this site, allowing commercial
development is perhaps a better choice than subjecting residential use to flood risks. Since this
intersection currently provides a commercial node on three of the four corners, and since there is stable
flow of traffic, the staff recommends approval.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or
rejecting any zoning amendment, the governing board shall adopt a statement describing whether its
action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning map amendment from R -15, medium
density - residential to B -2, highway business as described is:
1. Consistent with the purposes and intent of the Urban classification in the 2006 CAMA Land Use Plan
and although the Conservation Land Classification is prevalent on this site, allowing commercial
development is perhaps a better choice than subjecting residential use to flood risks.
2. Reasonable and in the public interest to rezone 2.657 acres of R -15 residential property to B -2
highway business to make it consistent with the surrounding area.
3 1 P age
Board of Commissioners Meeting
11/07/2011
12 -2 -3
Case Z -912 (10/11)
2.657 acres from R -15 to B -2
Petition Summary Data
5232 Carolina Beach Road
Owner /Petitioner: Charlie Dows on behalf of O'Reilly Automotive Parts, Inc.
Existing Land Use: R -15, medium density residential; vacant
Zoning History: Area No. 4 (April 7, 1971)
Land Classification: Conservation and Urban
Water Type
Sewer Type:
Recreation Area Mary C. Williams Elementary School, Myrtle Grove Middle School
Access & Traffic Volume: The ADT of Carolina Beach Road, north of Antoinette Drive, has decreased from
34,842 (2010) to 29,835(2011).The portion of Carolina Beach Road fronting the subject property has a
transitioning 2007 LOS of E, meaning the roadway is operating at design capacity and traffic is
experiencing delays at intersections.to LOS of B, meaning there is a stable flow of traffic.
Fire District: New Hanover County Fire Service District
Watershed & Water Quality Classification: Motts Creek (C; SW)
Aquifer Recharge Area: A shallow water table sand aquifer and underlying artesian aquifer containing fresh
water over salty water.
Conservation /Historic /Archaeological Resources: The subject property is located within the AE floodway.
Soils: Johnston Soils, Kureb Sand (1 to 8 percent slopes), and Lynn Haven Fine Sand.
Septic Suitability: Johnston is a Class IV soil, determined to be unsuitable. Kureb Sand is a Class I Soil,
determined to be suitable with slight limitations. Lastly, Lynn Haven Fine Sand is a Class III Soil, determined to
have severe limitations and know to require extensive modifications and intensive maintenance.
Schools: Mary C. Williams Elementary School
Board of Commissioners Meeting
11/07/2011
12 -3 -1
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1. How would the re chan be consistent with the Count Policies for Growth and Developmentf
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2. How would the re zone chan be consistent with the propert classification on the Land Classification
Map?
SEE ATTACHMENT TO ZONING MAP AMENDMENT.
3. What si nei chan have occurred to make the original zonin inappropriate or how is the land
involved unsuitable for the uses permitted under the existin zomn
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4. How will this chan of zonin serve the pubhic-interest.9
O'REI AUT TIVR STORES, INC.
a M' ilr co or ion
BY
Charlie Downs, Vice President
P rin t :, k m e Real Estate
Board of Commissioners Meetin
11/07/2011
12-6-4
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11/07/2011
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Board of Commissioners Meetin
11/07/2011
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PARID: R07600-006-046-000
ROGERS ETHEL F HRS
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Board of Commissioners Meetin
11/07/2011
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All that tract or parcel of land, l and beffi 'in the Federal Point Township,,, Ne
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Hanover Count North Carolina and bein more particularl described as follow I
Said tract of land contains 11 51,744 s feet or 2.657 acres of land, more or less.
Board of Commissioners Meetin
11/07/2011
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Board of Commissioners Meeting
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Board of Commissioners Meetin
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ECT NARRATIVE
FOR
APPLICATION FOR ZONING MAP AMENDMENT
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All that tract or parcel of land, l and bein in the Federal Point Township, New
Hanover Count North Carolina and bein more particularl described as follows:
Said tract of land contains 115,744 s feet or 2.657 acres of land, more or less.
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3TABAS
ESTATE OF ETHEL F. ROGERS
67 Newton Stmet
Fors GA 31029
478-960-6523
Dated: September 201-3
Board of Commissioners Meetin
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DrelbelAls, Nicole
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Thanks for all the information and y our helpfulness.
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5220 Carolina Beach Rd
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910-792-6154 fax
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 7, 2011
REGULAR
ITEM: 13
DEPARTMENT: PRESENTER(S): Nicole Dreibelbis, Current Planner; and Jane
Daughtridge, Current Planning & Zoning Manager; (PB
Representative Dan Hilla)
CONTACT(S): Nicole Dreibelbis, Current Planner; and Jane Daughtridge, Current Planning & Zoning
Manager
SUBJECT:
Public Hearing
Rezoning Request Z -913, 10 /11 - Request by Cindee Wolf, Withers & Ravenel on Behalf of B & M
Holdings, LLC to Rezone Approximately 6.82 Acres at 8330 & 8342 Market Street from R -15 Medium
Density Residential to CD (B -2) Conditional Highway Business District
BRIEF SUMMARY:
At their October 6, 2011 meeting, the Planning Board voted 5 -1 to recommend approval of the rezoning
request and special use permit. (Mr. Collier dissented). The recommendation includes the staff's proposed
conditions as well as a condition to minimize the amount of time engines can be run on site to a specified
limitation. One adjacent property owner and one adjacent tenant spoke in opposition, citing diminishing
property values, traffic, and noise pollution as their primary concerns.
The parcels are identified as Transition of the 2006 CAMA Land Classification Map.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff 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 its action is consistent with an adopted comprehensive plan and explaining why the
board considers the action taken to be reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning map amendment from R -15, medium - density
residential to B -2, highway business as described is:
1. Consistent with the purposes and intent of the Transition classification and Policies 4.3 and 5.7, among
others in the 2006 CAMA Land Use Plan. It is also consistent with the goals and objectives contained
within the 1989 Porters Neck Small Area Plan and subsequent community meeting held in 2010; and
2. Reasonable and in the public interest to rezone 5 acres of R -15 residential property to B -2 highway
Board of Commissioners Meeting
11/07/2011
13 -0
business in order to locate a commercial service in proximity to the market it serves, while preserving
the area's existing residential neighborhood and quality of life.
ACTION #2 NEEDED (Choose One)
Use the Script/Worksheet to make findings and
Grant the special use; or
Add conditions to the special use; or
Deny the special use.
ATTACHMENTS:
Z -913 Script for Conditional Rezoning
Z -913 Staff Summary
Z -913 Petition Summary
Z -913 Adjacent Property Owners Map
Z -913 Zoning Map
Z -913 Site Plan
Z -913 Applicant Materials
Z -913 Land Survey
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
A motion to rezone was denied 3 -2, Vice Chairman Thompson and Commissioners Catlin and Davis voting
in opposition.
Board of Commissioners Meeting
11/07/2011
13 -0
ITEM# 13
SCRIPT FOR CONDITIONAL REZONING Z -913 (10/11)
Request by Cindee Wolf, Withers & Ravenel, on behalf of B & M Holdings, LLC to
rezone approximately 6.82 acres at 8330 & 8342 Market Street from R -15 medium
density residential to CD (B -2) Conditional Highway Business District. These parcels
are identified as Transition on the 2006 CAMA Land Use Classification Map.
Swear in witnesses
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for
rebuttal.
2. Open the Public Hearing:
a. Staff Presentation
b. Applicant's presentation (up to 15 minutes)
C. Opponent's presentation (up to 15 minutes)
d. Applicant's cross examination /rebuttal (up to 5 minutes)
e. Opponent's cross examination /rebuttal (up to 5 minutes)
3. Close the Public Hearing
4. Commissioner discussion
5. If the Rezoning is denied there is a 12 month waiting period before you may resubmit. Do you wish to
proceed or do you wish to continue the matter?
6. Ask Applicant whether he /she agrees with staff findings and any proposed conditions.
7. Vote on rezoning. (First Noes)
The motion to rezone should include a statement saying how the change is or is not consistent with the
land use plan and why it is reasonable and in the public interest. Examples of motions are on the
agenda item cover sheet.
8. Vote on the companion special use permit. (Second Vote)
Motion to grant the permit - All findings are positive.
Motion to grant the permit, subject to conditions specified below:
(State Conditions)
In Motion to deny because, if completed as proposed, the development more probably than
not:
13 a. Will endanger the public health or safety for the following reasons:
b. Does not meet all required conditions and specifications, in particular:
13 c. Will injure the value of adjoining or abutting property in the following way:
d. Will not be in harmony with the area in which it is located for the following
reasons:
Board of Commissioners Meeting
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CASE: Z -913, (10/11)
PETITIONER: Cindee Wolf, Withers Ravenel on behalf of B M Holdings, LLC
REQUEST: Rezone from R -15, medium - density residential to Conditional B -2, Highway
Commercial
ACREAGE: 5 acres of a 6.81 acre total
LOCATION: 8330 8342 Market Street
LAND CLASS: Transition
STAFF SUMMARY
PLANNING BOARD ACTION: At their October 6, 2011 meeting, the Planning Board voted 5 -1, Mr. Collier
dissented, to recommend approval of both actions, the rezoning and subsequent special use permit. The
recommendation includes the staff's proposed conditions as well as a conditions relating to the
washdown area. One adjacent property owner and one adjacent tenant spoke in opposition, citing
diminishing property values, traffic, and noise pollution as their primary concerns.
PROPERTY SPECIFICS The properties are accessed off of a former stretch of Market Street, now utilized
as a parallel service street, located between Porters Neck Road and Futch Creek Road. There are two
adjacent parcels which are part of this request, 8330 and 8342 Market Street. 8330 Market Street is a
4.71 acre tract and 8342 Market Street is a 2.10 acre tract, for a combined total of 6.81 acres. However,
the applicant is only requesting a rezoning of the front five (5) acres. Both properties belong to B M
Holdings, LLC.
CHARACTER OF THE AREA
Current Zoning The R -15 Residential District is established as a district in which the principal use of land
is for residential purposes and to insure that residential development not having access to public water
and dependent upon septic tanks for sewage disposal will occur at sufficiently low densities to insure a
healthful environment.
The front portions of both 8330 and 8342 are located within the County's Special Highway Overlay
District (SHOD) and will be subject to the requirements of both the SHOD and the underlying district.
The purpose of the SHOD is to protect the natural beauty and scenic vista that exists along Interstate
Highways and other specially designated roadways that serve as major access ways and gateways to
New Hanover County. Protection of these roadways is important and necessary to maintain and
preserve the County's undisturbed roadsides that are characterized by their natural woodlands and
open spaces. The continued protection of these scenic highways is also a valuable asset to the County's
tourism economy and enhances the attractiveness of the area for trade and investment.
Zoning immediately south and east is a continuation of the R -15, medium density residential
designation. North, along this service road segment of Market Street is R -15 zoning with older homes.
1 1 P age
Board of Commissioners Meeting
11/07/2011
13 -2 -1
From the intersection with Futch Creek Road, as the service road approaches a signalized intersection
with Highway 17 there is a frontage strip of B -2 and B -1 zoning on the east side of the road. The major
intersection of Highway 17 and Porter's Neck Road is not accessible by vehicle from the subject location.
Proposed Zoning The purpose of the B -2 Highway Business District is to provide for the proper grouping
and development of roadside business uses which will best accommodate the needs of the motoring
public and businesses demanding high volumes of traffic. The district's principal means of ingress and
egress shall be along collector roads, minor arterials, and /or major arterials as designated on the
County's Thoroughfare Classification Plan. No B -2 District shall be less than five (5) acres in area. A
Conditional Use District has no uses permitted by right, and therefore, a companion special use permit is
required. The site plan identifies the use subject to the permit and no other use of the land can be made
if granted. This proposal requests a sheltered facility for boat and RV storage on a single level with
gravel surfaces and a caretaker residence within the office building.
TRAFFIC The portion of road fronting the subject properties is a service street addressed as Market
Street; however, it runs parallel to Highway 17 (also addressed as Market Street). The ADT on Futch
Creek Road, southeast of old Market Street, has increased 6.8 from 1,821(2010) to 1,944(2011). Traffic
counts are not provided for local streets; however, Market Street /Highway 17, an urban principal
arterial roadway is located north of the subject properties, across a concrete median barrier, and
maintains a 2007 LOS of F, meaning that the traffic counts are exceeding the capacity of the roadway by
a multiplier of two or more. However, since 2007, improvements along Highway 17 between Highway
17 By -Pass and the Pender County line have likely improved the level of service. The anticipated trip
count for the proposed use is a weekday average of 2.5 trips. Therefore, no TIA will be required.
COMMUNITY SERVICES:
Water /Sewer: A twelve inch water main is available for connection, across the Market Street frontage of
the 8342 Market Street property. However, gravity is insufficient to permit a sewer connection without
pump station improvements. The project would require a septic system for the proposed office and
manager residence.
Fire Protection: The property will be served by New Hanover County Fire Services.
Schools: School districts are determined by the New Hanover County Board of Education periodically.
Impacts of the caretaker residence would be negligible.
LAND CLASSIFICATION: The subject properties are located in the northern portion of the county in an
area classified as Transition on the 2006 CAMA Land Classification map. The purpose of the Transition
class is to provide for future intensive urban development on lands that have been or will be provided
with necessary urban services.
ENVIRONMENTAL CONSIDERATIONS: The subject property is located within the Pages Creek watershed
drainage area which is classified as SA; HQW 303 (d).
2 1 P age
Board of Commissioners Meeting
11/07/2011
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The rear portion of 8330 Market Street contains jurisdictional wetlands. The applicant has located the
development to the front of the wetlands and proposes no resource impacts.
The soil maps indicate the majority soil on both parcels to be Class III, Leon Sand, a soil with severe
limitations and known to require extensive modification and intensive maintenance. Lynn Haven sand is
also identified on the 8330 Market Street parcel; however, Lynn Haven is also a Class III soil and faces
the same limitations as Leon Sand. The limitation of soils may require an alternative septic system.
PLANS AND POLICIES:
Policy 4.3 of the 2006 CAMA Land Use Plan addresses the need to maximize effectiveness of commercial
uses by assuring that land is available for commercial uses within close proximity to the markets they
serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential
areas.
Also, Policy 5.7 discusses the need to preserve the character of the area's existing residential
neighborhoods and quality of life.
The Porters Neck Plan, adopted September 5, 1989, and subsequent community meeting held
November 10, 2010, discuss the desire for commercial nodes to exist along Market Street and not
further extend and diminish the quality of life in their residential areas.
STAFF POSITION: Staff feels that with the inclusion of the conditions, the rezoning request for both 8330
and 8342 Market Street is consistent with the 2006 CAMA Land Use Plan, stated intent of the B -2
highway commercial zoning district, and the Porters Neck Small Area Plan. The commercial storage of
RVs and boats in close proximity to the neighborhoods they serve constitutes a low impact business with
limited traffic. Therefore, staff recommends approval of the rezoning portion of the request.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or
rejecting any zoning amendment, the governing board shall adopt a statement describing whether its
action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning map amendment from R -15, medium -
density residential to B -2, highway business as described is:
1. Consistent with the purposes and intent of the Transition classification and Policies 4.3 and 5.7,
among others in the 2006 CAMA Land Use Plan. It is also consistent with the goals and objectives
contained within the 1989 Porters Neck Small Area Plan and subsequent community meeting held in
2010; and
3 1 P age
Board of Commissioners Meeting
11/07/2011
13 -2 -3
2. Reasonable and in the public interest to rezone 5 acres of R -15 residential property to B -2 highway
business in order to locate a commercial service in proximity to the market it serves, while
preserving the area's existing residential neighborhood and quality of life.
BECAUSE THIS IS A CONDITIONAL USE DISTRICT, STAFF HAS THE FOLLOWING PRELIMINARY
FINDINGS OF FACT FOR THE COMPANION SPECIAL USE PERMIT:
PRELIMINARY FINDINGS OF FACT:
In its review of the request, the Planning Staff made the following preliminary "findings of fact."
1. The Board must find that the use will not materially endanger the public health or safety
where proposed and developed according to the plan as submitted and approved.
A. A twelve inch main is available for connection, across the Market Street frontage of the
8342 Market Street parcel. However, gravity is insufficient at this time to permit a sewer
connection without pump station improvements. A septic system permit will be required for
the proposed office and manager residence.
B. Fire Service is provided by New Hanover County Fire Services.
C. This proposal is outside of the flood hazard areas.
D. Jurisdictional wetlands have been identified; however, development will occur at the front
of the wetlands and no resource impacts are proposed.
E. The portion of Market Street fronting the subject properties is a service street, running
parallel to Highway 17. The ADT on Futch Creek Road, southeast of Old Market Street, has
increased from 1,821(2010) to 1,944(2011). Traffic counts are not provided for local streets;
however, Market Street /Highway 17, an urban principal arterial roadway is located north of
the subject properties, across a concrete median barrier, and maintains a 2007 LOS of F,
meaning that the traffic counts are exceeding the capacity of the roadway by a multiplier of
two or more. The anticipated trip count for the proposed project is a weekday average of
2.5 trips. Therefore, no TIA will be required for the Scotts Hill Marina RV Boat Storage
proposal. The intersection of old Market Street and Hwy 17 is signalized to accommodate
traffic flow for moving boats on trailers without entering the nearby residential
neighborhoods.
F. The front portions of both 8330 and 8342 are located within the County's Special Highway
Overlay District (SHOD) and will be subject to the requirements of both the SHOD and the
underlying district.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially
endanger the public health or safety where proposed road improvements required by NCDOT are
implemented.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A. Conditional zoning districts are designed for firm development proposals and not for
tentative development. Scott Hill Marina RV and Boat Storage is a firm development
proposing sixty -two (62) storage units within covered structures; a 2,800 square foot
office and manager residence; and limited access to the storage units from 6:00 am until
10:00 pm.
4 1 P age
Board of Commissioners Meeting
11/07/2011
13 -2 -4
B. The required community meeting was held on Wednesday, August 24, 2011 and
neighbors were concerned with noise at odd hours of the morning or night, property
values, environmental impacts, and storm drainage.
C. The landscape and buffering requirements will provide for sufficient streetyard, interior
and buffering plants to soften the views from the highway corridor and to screen the
use from adjacent properties.
D. A driveway permit modification will be required from NCDOT.
E. A grading permit will be required because the area of disturbance exceeds one acre.
Staff Suggestion: Evidence in the record at this time supports a finding that the use can meet all required
conditions and specifications of the Zoning Ordinance.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity.
A. No evidence has been submitted that this project will decrease property values of
residents who live nearby.
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
4. The Board must find that the location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it is to be located
and in general conformity with the plan of development for New Hanover County.
A. The 2006 Land Use Plan Update identifies this area as Transition. The transition
designation is to provide for further intensive urban development on lands that have
been or will be provided with necessary urban services. The location of these areas is
based upon land use planning policies requiring optimum efficiency in land utilization
and public service delivery.
B. Policy 4.3 discusses the need to maximize effectiveness of commercial uses by assuring
that land is available for commercial uses within close proximity to the markets they
serve and by ensuring that such commercial uses do not diminish the quality of life in
nearby residential areas. Policy 5.7 applies also, which states the importance of
preserving the character of the area's existing residential neighborhoods and quality of
I ife.
5 1 P age
Board of Commissioners Meeting
11/07/2011
13 -2 -5
Staff Suggestion: The evidence in the record at this time supports a finding that the use will be
consistent with the land use plan and in harmony with the neighborhood under four (4) conditions
(1) a privacy fence is installed as part of the buffer requirement, as outlined in Section 67B-
4(6)(B)(2); and
(2) the driveway and maneuvering area consist of and remain gravel; and
(3) Operating hours will be 7 a.m. to 9 p.m., consistent with the intent of Section 23 -34(b) of
the County Code of Ordinances relating to unlawful noise - generating activities in
residential areas.
(4) The washdown area shall be clearly delineated on the site plan and boat motors will not be
operated outside this area.
ACTION NEEDED: (Choose One)
Use the Script /Worksheet to make findings and
1. Grant the special use; or
2. Add conditions to the special use; or
3. Deny the special use.
6 1 P age
Board of Commissioners Meeting
11/07/2011
13 -2 -6
Case Z -913 (10/11)
Rezone 6.82 acres from R -15 to CD (B -2)
Petition Summary Data
8330 & 8342 Market Street
Owner /Petitioner: Cindee Wolf, Withers & Ravenel
Existing Land Use: R -15, medium density residential; vacant
Zoning History: Area No. 5 (August 18, 1971)
Land Classification: Transition
Water Type A 12" main is available for connection across the Market Street frontage of 8342 Market Street.
Sewer Type: No gravity for sewer connection and limited capacity if any.
Recreation Area John L. Blair elementary School
Access & Traffic Volume: The ADT of Market Street, north of Sweetwater Drive, has decreased from
39,195 (2010) to 34,402 (2011).The portion of Market Street fronting the subject property has a 2007 LOS
of F, meaning the traffic counts exceed the capacity of the roadway by a multiplier of 2 or more.
Fire District: New Hanover County Fire Service District
Watershed & Water Quality Classification: Pages Creek (SA; HQW 303 (d))
Aquifer Recharge Area: A shallow water table sand aquifer and underlying artesian aquifer containing fresh
water over salty water.
Conservation /Historic /Archaeological Resources: The front portion of both 8330 and 8342 Market Street are
locate within the S.H.O.D.
Soils: Leon Sand is the soil contained on 8342 Market Street. Leon Sand and Lynn Haven Fine Sand are both
available on 8330 Market Street.
Septic Suitability: Both Leon Sand and Lynn Haven Fine Sands are Class III soils with severe limitations and
often require extensive modification and intensive maintenance.
Schools: John L. Blair elementary School
Board of Commissioners Meeting
11/07/2011
13-3-1
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Board of Commissioners Meeting
11/07/2011
13 -6 -1
A M,
TI
"Itll
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.......................
PLEASE READ ALL OF SECTION 59.7 OF THE COUNTY ZONING ORDINANCE PRIOR TO SUBMITTING
YOUR APPLICATION I.
I e
Petitions must be reviewed b Plannin & Zonin for completeness prior to acceptance. For petitions involvin five ( 5 ) acr s or
less, a fee of $400.00 will be char for those of g reater than five (5) acres a fee of $600.00 will be char This fee, pa
to New Hanover Count MUST accompan this petition.
Petitions for conditional chan of zonin are first referred to the New Hanover Count Plannin Board and then acteii.
upon b the New Hanover Count Board of Commissioners.
Complete p&fitions and all supplementar information must be accepted b Plannin & Zonin twent ( 20 ) workin
da before the Plannin Board meetin to allow ade time for processin and advertisement as re b the North
Carolina Statutes.
Pa I of 4 4/10
Board of Commissioners Meetin
11/07/2011
13-7-1
NEW HANOVER CO'LNTY
230 Government Center Drive
PLANNING & INSPECTIONS
Suite I 10
IN
Wilmin NC 28403
DEPARTMENT
910-798-7165 phone
CONDITIONAL USE ZONING DISTRJCT
910-798-7053 fax
www.nhc
Petitioner Information
Propert Owner(s)
Subject Propert
If different than Peddoner
Name
Owner Name
Address
Cindee wolf
Holdin L.L.C.
8330 & 8342 Market St
Compan
_B&M
Owner Name 2
Parcel ID 3z w %
Withers & Ravenel, Inc.
Thomas E. Melin (Member/Mana
326015 . 62 . 4 705
Address
Address
Area
1410 Commonwealth Drive,
Unit 101
137 Tromba Drive
6.82 Ac. (Zonin 5.0 Ac.)
Cit State, Zip
Cit State, Zip
Existin Zonin and Use
'Wilmin NC 28403
NC 28412
R-15 / Vacant
Phone
- Wilmin g ton,
Phone
Proposed Zonin and Use
910-509-650S
910-232-8467
CD B-2 ! Boat Stora
Email
Email
Land Classification
,_CWo_f(wwithersravenel.com
t—melln@hotmail.com
Transition
A M,
TI
"Itll
, U S `
.......................
PLEASE READ ALL OF SECTION 59.7 OF THE COUNTY ZONING ORDINANCE PRIOR TO SUBMITTING
YOUR APPLICATION I.
I e
Petitions must be reviewed b Plannin & Zonin for completeness prior to acceptance. For petitions involvin five ( 5 ) acr s or
less, a fee of $400.00 will be char for those of g reater than five (5) acres a fee of $600.00 will be char This fee, pa
to New Hanover Count MUST accompan this petition.
Petitions for conditional chan of zonin are first referred to the New Hanover Count Plannin Board and then acteii.
upon b the New Hanover Count Board of Commissioners.
Complete p&fitions and all supplementar information must be accepted b Plannin & Zonin twent ( 20 ) workin
da before the Plannin Board meetin to allow ade time for processin and advertisement as re b the North
Carolina Statutes.
Pa I of 4 4/10
Board of Commissioners Meetin
11/07/2011
13-7-1
Plannin Board meetin are held at 5-.30PM in the Conunissioner's Assembl Room in the Old Count Courthouse, at
Third and Princess Streets, Wilmin North Carolina, on the first Thursda of each month.
If the Plannin Board approves y our petition, the re will automaticall be refmed to the Board of Count
a
Commissioners. If y our petition i's denied, y ou ma appeal to the Board of Commissioners. Plannin & Zonin can advise y ou
re appeal procedures.
J 6
iM ir
WIN
Conditional Use District Zonin 'is established to address situations where a particular land use would be consistent with
New Hanover Count Land Use Plan and the Zonin Ordinance objective but for which none of the g eneral zonin
classifications which would allow that use are acceptable. You must explain mi the space below how y our re satisfies each
of the followin re (attach additional sheets if necessar
r. How would the re chan be consistent with the Count Policies for Growth and Development'..-P
2. How would the re zone chan be consistent with the propert classification on the Land Classlification
Map?
The 2006 Land Classification Plan identifies this area as Transition. The Transition
classification is to provide for future intensive urban development on lands that have
I
been, or will be provided with necessar urban sex-vices. The location of these areas
a a a
in based upon land use plannin policies re optimum efficienc in land
utilization and public service deliver The project would provide a needed service
while not diminishin the q ualit y of life in nearb residential areas,
ow,
I I I Lvj,*�T Wit 4,11mm,oil US' 11117111!11!
4. List proposed conditions and restrictions that would miti the impacts of the proposed use(s).
Refer to the site plan and project narrative for specific conditions.
Board of Commissioners Meetin
11/07/2011
13-7-2
L 411
V '4
..............
... .. .... .................
............. —,
Authorit to g rant a Special Use Pennitis contained in the Zonin Ordinance, pursuant to section 71. The Zomin Ordinance
a
imposes the followin General Re on the use re b the applicant. Under each re the applicant shouf0i
explain, with reference to attached plans, where applicable, how the proposed use satisfies these re (Attach additional
pa if necessar
General Re #2
The Board must find "that the use meets all re conditions and specifications"" of the Zonin Ordinance.
The plan has been prepared in accordance with the Zonin Ordinance re and
0
would meet the compliance re for the B-2 district of use, setbacks,
landscapin and bufferin parkin si stormwater mana etc. There are no
additional restrictions imposed for this particular special use.,
General Re #4
The Board must find 'Ihat the location and character of the use if developed accordin to the plan as submitted and approved will
be in harmon with the area in which it is to be located and in g eneral conforinit with the plan of development for New Hanover
county. 95 -
Policies for g rowth & development encoura continued efforts to attract and retain
businesses. Implementation strate su maximizin the effe ' ctiveneBS of
1
commercial uses b assurin that land is available within close proximit to the
markets the serve. on site boat stora is not possible in man nei y et
g oals are to provide recreational opportunities, includin boatin The propert
fronts on what has become the service road for a bus hi The project would bq�
easilv acceBSible to the man nei in the vicinit
The 2006 Land Classcation Plan identifies this area as Transition. The Transition
classification is to provide for future intensive urban development on lands that have
Ween, or will be provided with necessar urban services. The location of these areas
0
in based upon land use plannin policies re optimum efficienc in land
utilization and public service deliver The project would provide a needed service
while not diminishin the q ualit y of life in nearb residential areas.
Board of Commissioners Meetin
11/07/2011
13-7-3
J ,
Check each item to confirm that is included. The application will not be deemed complete without all items
bein addressed.
Tract ,t ,and total area, plus location of adjoinin land parcels and roadwa
Existin zomin of the tract and nei parcels and proposed tract zonin
M
F
a Development schedule includin proposed phasin
Traffic and Parldn Plan to include a statement of i act concernin lcal traffic near the tract, propoud ri
IMP o
dedication, plans for access to and from the tract, location, width and ni forlinternal streets and location,
All existin and proposed easements, reservations, re setbacks, ri -of-wa bufferin and si
The one hundred ( 100 ) y ear floodplain line, if applicable
Location and si of trees re to be protected under Section 67 of the Zonlin Ordinance.
zIng
ram—
Ljtj An additional condifions and re which represent g reater restrictions on development and use of the trad
than the correspondin General Use District re which are the minimum re 'in the Conditional Us�
District, or other limitations on land which ma be re b State law or Local Ordinance.
An other infomiation that will facilitate review of the proposed chan (Ref. Article VII, as applicable).
dom- 4
Si of Petitioner and/or Propert Owner Print Name
Board of Commissioners Meetin
11/07/2011
13-7-4
Authorit for Appointment of A
Please note that for q uasi judicial proceedin either the land owner or an attorne
must represent the case at its public hearin
The undersi owner
B&M HOLDINGS, L.L.C.
does hereb appoint
(Print orT
WITHERS & RAVENEL, INC./CINDEE, WOLF as hios/her/its exclusive a for the purpose of peti"tionin New
(Print or T
Hanover Count for a variance, speci"al use permit, condiftional use district, and/or an appeal of staff
decisions applicable to the propert described 1*n the attached petition.
1. To submit a proper petifion and the re supplemental materials.
0
2. To appeal at public meetin to g ive representation and commitments on behalf of the owner.
3. To act on the owner's behalf without limitations wl"th re to an and all thin directl orindirectl
connected with or arl"si"n out of an petition for an amendment appikable to the r. County
Zonin Ordinance underAftl"cle X1 therei'll.
Thi's a a shall continuel"n effect until written notice of revocation b the owner is delivered
to New Hanover Count
This the da of � 20 C /,5 —1 10
—AV--5 0
A Name, Address, Email & Telephone
(Print or T
WITHERS & RAVENEL, INC / - CINDEE WOLF
[two) 011521
TEL. 910-509-6505
jee. zL
T
S i g nature of Owner ( s )
Board of Commissioners Meetin
11/07/2011
13-7-5
1 7 �
LIMITED LIABILITY COMPANY
ANNUAL REPORT
NAM9 OF LIMITED LIABILITY COMPANY: B & X Holdin LI;
1 ZTV""Vl R71MM - _711MI11i"',
15,721N
ED, MWN'T"W"I"",
SOSED: 0443402
Wate Filed: 9/15/2010 5-609-000 PY',,,I
Elaine F. Marshall
I-liorth Carolina Secretar of Stab�
CA201025800245
on"705) M1,11,1111j,
1EGISTERED OFFICE MAILING ADDRESS- 137 Tromba Drive
Wilmin NC 28412
REGISTERED OFFICE STREET ADDRESS.- 137 Tromba Drive
Wilmin NC 28412
New Hanover
SIGNATURE OF THE NEW REGISTERED AGENT:
SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT
11110
PRINCIPAL OFFICE MAILING ADDRESS: 1 7 Tromba Drive
Wilmin NC 28411
PRINCIPAL OFFICE STREET ADDRESS.- 137 Tromba Drive
Wilmin NC 28411
MANAGERS/MEMBERS/ORGANIZERS:
Name..
Thomas E Xelin
Tme..
Kana member
Name..
Michele J Melin
Tlue..
member
Name:
John E Bradshaw
Ti0e:
Member
Address: 137 Tlb, omba Dr3LVe
Cit wiffilmiLngton
Addrmw 137 Tromba Drive
Cit Wilmin
a V l
Addrew: 233 Inlet Drl
Cit Wilmin I
;tate: KC zjp.. 284V
State. NC Zip& 2_4Al2
;tate: KC zip 2 8 4 0 5
CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES
FORM MUST BE SIGNED BY A MANAGERIMEMBER DATE
Thomas Ze Kelin Memberimana
TYPE OR PRINT NAME TYPE OR PRINT TITLE
ANNUAL REPORT FEE.0 $200 MAIL TO: Seaetar of State 0 Corporations Division 0 Post Office Box 29525 0 Ralei NC 27626-0525
Board of Commissioners Meetin
11/07/2011
13-7-6
9
S M � rmac
o�
l
BOOK FACE
w
NUMBER TAX PARCEL
ADDRE i LLC
208 Beach Road North
STATE OF NORTH CAROLINA
WARRANTY 1)
COIANTY OF NEW HANOVER
THIS DEED, made and entered into this —1 LLA da of Dezember, 1999, b and between
JUANITA F. FARROW ( Widow/Unmarried ) , hereinafter called GRANTOR, and B&M
HOLDINGS, LLC ( a North Carolina Limited Liabilit Compan hereinafter called GRANTEE
( the desi Grantor and Grantee as used herein shall include said parties and their heirs,
successors, and assi and shall include sin plural, masculine, ferninine, or neuter, as re
b context
k
pri vileges , TO HAVE AND TO HOLD the above g ranted and described propert to with all
of , tencinen(s and appurtenances thereto be-lon to the GRANTEE in fm
s
Pi n =
Boor. U L.
0 11 ^ r-
I L 0 J U
And the GRANTOR covenants with the GRANTEE, that the GRANTOR is seized of the
premises in fee simple, has the ri to conve the saine in fee simple, that title is marketable and
free mid clear of all encumbrances, and that GRANTOR will warrant and defend the title a g ainst the
lawful claims of all persons whoinsoever, except for the exceptions hereinafter stated. Title to the
propert hereinabove described is subject to the followin exceptions:
I Ad valorem taxes for the y ear 199 and subse y ears;
2. Utilit easements and street ri of record
3. Applicable restrictive covenants of record- and
4. Local, count state, and federal g owrament laws and re relative to
zonin subdivision,, occupanc use, construction, and development of the
subject propert
COUNTY OF NEW HANOVER
State, do
hereb certif that Juanita F. Farrow personall appeared before rne this da and acknowledged the
due execution of the fore iristnunent.
"" W
NO
Board of Commissioners Meetin
11/07/2011
13-7-8
BOOK P A 0 rE
6 8 4 3 7
0 Rt 1
W
and more particularl described as follows:
Board of Commissioners Meetin
11/07/2011
13-7-9
f ')
.10 1124 19=Lse Tar. [1�0-oo
Recordin Time. Back and Page
R02900-004-012-001
'rax Lot No. —..— ...................................... ......... ................... ..... Parcel Identifier No. ..... ... ................ .. .............
Verified b ....................... .. ..... County on the ........... ®, day of --.— ........ ........... ...... . ........ -, 19. - .........
by ........ ................ ................. ...... ...... . ................. . ... ....... -- ............. ............. -- ....... --.—
B & M Holdi
Mail after recordin to ... — ® ..... . .... ....... ®® . . ® .......... . ............. ....... ...... ............ . ........... ... .......
-. ................... ...... .208.. Beach. -Road..Nor.th,,.Wilmin ....... .. ........ ......... — ....... ... ...............
Th i a 1 natrument was prepared b . Lo n n - q B . W 1 a s I .... ® T rj . /
.. ®...... .. .® .... ........... 1.am RX;!!.aXAM.S. &,.,GORHAM,...bL?
Brief description for the Index
LI—ract 1 (consistin of 2.5-5 acres) Holdin LLC
NORTH CAROLINA GENERAL WARRANTY DEED
'I'll IS DEED made this dav of ...... 19 by and between
GRANTOR
MINNIE F. VOWELL
(Widow/Unmarried)
GRANTEE
B & M HOLDINGS LLC
(a North Carolina limited
liabil.lt compan
Fnter in appropriate bleak for each pariy: name. address, and, If appropriate, characlor of entit e. corporation or partnership.
A
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Board of Commissioners Meetin
11/07/2011
13-7-10
BOOK PAGE
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Board of Commissioners Meetin
11/07/2011
13-7-11
BOOK PAGE
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EXHIBIT A ""'
PROPERTY DESCRIPTION
Located in Harriett Township, New Hanover Count North Carolina,
All of Tract I (consistin of 2.55 acres) as shown
on a map entitled Map of Surve for B & M
Holdin LLC", recorded mi Map Book 39, Pa
207, in the New Hanover Count Re
reference to which is hereb made for a more
complete description.
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11/07/2011
13-7-12
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Le Description for
Conditional District Rezonin of
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Board of Commissioners Meetin
11/07/2011
13-7-18
To: Jackie 'T'Tilliams-Roland — Clerk to the Plannin
7
/o 8330 & 8342 Market Street
ocation:
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The meetin was held at the followin time and place: Wednesda Au 24 th , 5:30 p.m., at
the offices of Withers & Ravenel — 1410 Commonwealth Dr., Unit 101, Wilminqton.
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The persons in attendance at the meetin were: See Attached 5Lan-in List
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William Cottinaham-,,- lied' 1114ftazfte 11 IS
to attend the meetLn-q — of theirppposon to thp.,rp location.
Board of Commissioners Meetin
11/07/2011
13-7-19
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WITHERS R"ENEL
EN13INEERS I PLANNERS , SURVEYORS
Fo : Adjacent Propert Owner
From: Cindee Wolf
_Re: Porters Neck RV & Boat Stora
The propert owners of 8330 & 8342 Market Street have had the attached plan prepared with
the intent of submittin to the Count for approval of a Conditional District Rezonin The
proposed use is a covered stora facilit for lease to boat and recreational vehicle owners.
We hope to work closel with the adjacent propert owners and an other interested parties to
assure the are aware of the pro and to provide an opportunit for explanation of the
proposal. Questions can be answered concernin pro improvements, benefits, and impact]
We appreciate y our interest and look forward to a successful pro development that will be an
asset to our communit
1410 Commonwealth Drive, Unit -ioi, Wilmin North Carolina 28403 Tel: 9 10.2 5 6. 9 2 77 Fax: 9 10.2 5 6.2 5 8M
License No. C-0832 www.withersravenel.com I
Board of Commissioners Meetin
11/07/2011
13-7-20
Project I Project No.
WITHERS & RAVENEL
ENGINEERS I PLANNERS I SURVEYORS : 0
Date -01-1v I B I Sheet No.
Propert of B&M Holdin LLC
Reference.- Porters Neck RV & Boat Stora
Au 24, 2011
As adjacent propert owners on Porters Neck Road directl bebind the planned boat
stora units, we have concerns as to the probable devaluation of our residential
0 Ib
properties if this facilit is built. It will also lumt an future development of our
properties b its resultin devaluation. Also we are concerned b the potential noise and
bri li at M' g ht behind our homes.
Alread we have become hemmed M* b commercial development across the street
causai dan traffic patterns. Access to our homes, leav' and returnin has
M9
become hazardous.
I
To have the planned facilky adjacent to our property 'is definitel a concern.
Board of Commissioners Meetin
11/07/2011
13-7-22
*ccotts Hill Marina RV & Boat Stora
Pro Narrative
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11/07/2011
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Board of Commissioners Meetin
11/07/2011
13 -8 -1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 7, 2011
REGULAR
ITEM: 14
DEPARTMENT: PRESENTER(S): Nicole Dreibelbis, Current Planner; and Jane
Daughtridge, Current Planning & Zoning Manager; (PB
Representative Dan Hilla)
CONTACT(S): Nicole Dreibelbis, Current Planner; and Jane Daughtridge, Current Planning & Zoning
Manager
SUBJECT:
Public Hearing
Rezoning Request (Z -914, 10 /11) - Request by Cindee Wolf, Withers & Ravenel, on Behalf of Archie
McGirt and Jane Batten to Rezone Approximately 6.93 Acres at 5050 Carolina Beach Road from R -10
Residential to CD (B -2) Conditional Highway Business District
BRIEF SUMMARY:
At their October 6, 2011 meeting, the Planning Board voted 5 -1 to recommend approval of the rezoning
request.
The parcel is identified as Conservation and Urban on the 2006 CAMA Land Classification Map.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff 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 its
action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning map amendment from R -10 to CD (B -2) as
described is:
1. Consistent with the purposes and intent of the transitioning land classification and policies 4.3 and 5.7,
among others in the 2006 CAMA Land Use Plan.
2. Reasonable and in the public interest to rezone 3.05 acres of R -10 residential property to Conditional
District CD (B -2) to be consistent with the adjacent existing mini storage facility with direct access to
Carolina Beach Road and owned by the same entity.
Board of Commissioners Meeting
11/07/2011
14 -0
ACTION #2 NEEDED (Choose One)
Use the Script/Worksheet to make findings and
1. Grant the special use; or
2. Add conditions to the special use; or
3. Deny the special use.
ATTACHMENTS:
Z -914 Script for Conditional Rezoning
Z -914 Staff Summary
Z -914 Petition Summary
Z -914 Adjacent Property Owners Map
Z -914 Zoning Map
Z -914 B &W Site Plan
Z -914 Color Site Plan
Z -914 Applicant Materials
Z -914 Land Survey
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
A motion to rezone was approved 3 -2, Commissioners Catlin and Davis dissenting.
A motion to grant the special use permit was approved 4 -1, Commissioner Davis dissenting, with an
additional condition as described by Commissioner Catlin.
Board of Commissioners Meeting
11/07/2011
14 -0
ITEM# 14
SCRIPT FOR CONDITIONAL REZONING Z -914 (10/11)
Request by Cindee Wolf, Withers & Ravenel, on behalf of Archie McGirt and Jane
Batten to rezone approximately 6.93 acres at 5050 Carolina Beach Road from R -10
residential to CD (B -2) Conditional Highway Business District. The parcel is identified
as Conservation and Urban on the 2006 CAMA Land Classification Map.
Swear in witnesses
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for
rebuttal.
2. Open the Public Hearing:
a. Staff Presentation
b. Applicant's presentation (up to 15 minutes)
C. Opponent's presentation (up to 15 minutes)
d. Applicant's cross examination /rebuttal (up to 5 minutes)
e. Opponent's cross examination /rebuttal (up to 5 minutes)
3. Close the Public Hearing
4. Commissioner discussion
5. If the Rezoning is denied there is a 12 month waiting period before you may resubmit. Do you wish to
proceed or do you wish to continue the matter?
6. Ask Applicant whether he /she agrees with staff findings and any proposed conditions.
7. Vote on rezoning. (First Vote)
The motion to rezone should include a statement saying how the change is or is not consistent with the
land use plan and why it is reasonable and in the public interest. Examples of motions are on the
agenda item cover sheet.
8. Vote on the companion special use permit. Second Noes)
Motion to grant the permit - All findings are positive.
Motion to grant the permit, subject to conditions specified below:
(State Conditions)
In Motion to deny because, if completed as proposed, the development more probably than
not:
13 a. Will endanger the public health or safety for the following reasons:
b. Does not meet all required conditions and specifications, in particular:
13 c. Will injure the value of adjoining or abutting property in the following way:
d. Will not be in harmony with the area in which it is located for the following
reasons:
Board of Commissioners Meeting
11/07/2011
14 -1 -1
CASE: Z -914, (10/11)
PETITIONER: Cindee Wolf, Withers Ravenel on behalf of Archie McGirt Jane Batten
REQUEST: Rezone from R -10, Residential to Conditional B -2, Highway Commercial
ACREAGE: 3.05 acres of a 6.93 acre parcel
LOCATION: 5050 Carolina Beach Road
LAND CLASS: Conservation and Urban
STAFF SUMMARY
PLANNING BOARD ACTION: At their October 6, 2011 meeting, the Planning Board voted 5 -1, Mr. Prinz
dissented, to recommend approval of both actions, the rezoning and subsequent special use permit. The
recommendation includes the staff's proposed conditions and 3 supplemental conditions. The
additional conditions include the installation of security cameras, placement of lighting in the middle of
the parking area and equipping each light with cones directing the light downward, minimizing the
impacts on adjacent residential neighbors. One adjacent neighbor spoke in favor of developing the
property in order to prevent crime in the area. One adjacent neighbor spoke in opposition, citing
concerns of the road width of Archmill Way, diminished property value, and stormwater drainage.
PROPERTY SPECIFICS The subject property is accessed off of Archmil Way, a local street, running
parallel to Carolina Beach Road, a major thoroughfare. The parcel is a 6.93 acre tract; however, the
rezoning request is for the front 3.05 acres only. The property belongs to Archie McGirt and Jane Batten.
Current residential structures on the property will be demolished if the proposal is approved.
Development of this tract for a boat and RV storage facility would be a stand -alone CD(B -2) conditional
use district that is adjacent to an existing CD(B -2) district with self- storage facility and owned by the
same entity. A preliminary plat for a 23 lot subdivision called Zoysia Place was approved in 2009, but
rezoning will invalidate that plat since a conditional use district requires that no use can be made of the
property except the approved site plan.
CHARACTER OF THE AREA
Current Zoning The R -10 Residential District is established as a district in which the principal use of land
is for residential purposes with access to either public water or public sewer. If public water is not
available, then the water system infrastructure must be installed in accordance with County standards
and connected when a public supply becomes available.
Zoning to the south is R -15, medium density residential. Northeast is an existing Conditional B -2
Highway Business District, the Monkey Junction Storage site. West is a continuation of the R -10,
residential designation, housing a performance residential subdivision named Archmill Place. Southeast
is another portion of R -15, medium - density residential with single family development.
1 1 P age
Board of Commissioners Meeting
11/07/2011
14-2-1
Proposed Zoning The purpose of the B -2 Highway Business District is to provide for the proper grouping
and development of roadside business uses which will best accommodate the needs of the motoring
public and businesses demanding high volumes of traffic. The district's principal means of ingress and
egress shall be along collector roads, minor arterials, and /or major arterials as designated on the
County's Thoroughfare Classification Plan. No B -2 District shall be less than five (5) acres in area. This
proposal is for a CD(B -2) Conditional Use District to allow for open storage of recreational vehicles and
boats in a gravel lot.
TRAFFIC Traffic counts are not provided for local streets; however, the ADT on Carolina Beach Road,
north of Antoinette Drive, has decreased about 14 from 34,842 (2010) to 29,835 (2011). The 2007 LOS
for the Carolina Beach Road / Archmil Way intersection is E, meaning the roadway is operating at design
capacity and traffic is experiencing delays at intersections. A deceleration lane serves the existing
storage facility as well as Archmill Road. Neighborhood interconnectivity is also available for access to
Carolina Beach Road via Silver Lake Road.
COMMUNITY SERVICES:
Water /Sewer: Water and sewer are accessible in two locations; however, CFPUA will need to review any
requests for connection or extension.
Fire Protection: The property will be served by New Hanover County Fire Services.
Schools: School districts are determined by the New Hanover County Board of Education periodically.
However, this use would not impact the school system.
LAND CLASSIFICATION: The subject property is located in the southern portion of our jurisdiction in an
area with a transitioning classification. The front portion of 5050 Carolina Beach Road is classified as
Urban on the 2006 CAMA Classification Map; however, Conservation classification is located in the rear
and not subject to this development proposal.
The purpose of the Urban Classification is to provide for continued intensive development and
redevelopment of existing urban areas.
ENVIRONMENTAL CONSIDERATIONS: The subject property is located within the Motts Creek watershed
drainage area which is classified as C; SW.
The rear portion of the property is located within the AE floodway; however, this development proposal
avoids the flood zone.
The soil maps indicate the majority soil on the subject property is Stallings Fine Sand, a Class II Soil with
moderate limitations and known to require moderate modification and maintenance. The rear of the
property, exempt from this rezoning, holds Johnston, Class IV Soils, and Baymeade Fine Sand, Class II
Soils.
PLANS AND POLICIES:
2 1 P age
Board of Commissioners Meeting
11/07/2011
14 -2 -2
Policy 4.3 of the 2006 CAMA Land Use Plan addresses the need to maximize effectiveness of commercial
uses by assuring that land is available for commercial uses within close proximity to the markets they
serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential
areas.
Also, Policy 5.7 discusses the need to preserve the character of the area's existing residential
neighborhoods and quality of life.
STAFF POSITION: Staff feels that the rezoning request for 5050 Carolina Beach Road is consistent with
the 2006 CAMA Land Use Plan and the ordinance even though the stated intent that the B -2 highway
commercial zoning district is for B -2 districts to be located on collector roads, minor or major arterial
roadways. In this case, the property actually fronts on Archmill Road, which is a private street not
classified on the thoroughfare plan. Nevertheless, the adjacency to an existing self- storage facility with
direct access onto Carolina Beach Road and owned by the same entity provides an alternative to the
private road access through the existing mini storage facility if required. Therefore, staff recommends
approval of the rezoning portion of the request.
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or
rejecting any zoning amendment, the governing board shall adopt a statement describing whether its
action is consistent with an adopted comprehensive plan and explaining why the board considers the
action taken to be reasonable and in the public interest."
EXAMPLE for approval:
The County Commissioners find that this request for zoning map amendment from R -10 to CD (B -2) as
described is:
1. Consistent with the purposes and intent of the transitioning land classification and policies 4.3
and 5.7, among others in the 2006 CAMA Land Use Plan.
2. Reasonable and in the public interest to rezone 3.05 acres of R -10 residential property to
Conditional District CD(B -2) to be consistent with the adjacent existing mini storage facility with
direct access to Carolina Beach Road and owned by the same entity.
BECAUSE THIS IS A CONDITIONAL USE DISTRICT, STAFF HAS THE FOLLOWING PRELIMINARY FINDINGS
OF FACT FOR THE COMPANION SPECIAL USE PERMIT:
PRELIMINARY FINDINGS OF FACT:
In its review of the request, the Planning Staff made the following preliminary "findings of fact."
1. The Board must find that the use will not materially endanger the public health or safety
where proposed and developed according to the plan as submitted and approved.
A. Two locations are available for both water and sewer expansion to the subject property;
however,. CFPUA will need to review any requests for connection or extension. No buildings
are proposed for the facility.
3 1 P age
Board of Commissioners Meeting
11/07/2011
14 -2 -3
B. Fire Service is provided by New Hanover County Fire Services.
C. This proposal is outside of the flood hazard areas.
D. Jurisdictional wetlands have been identified; however, development will occur at the front
of the wetlands and propose no resource impacts.
E. Traffic counts are not provided for local streets; however, the ADT on Carolina Beach Road,
north of Antoinette Drive, has decreased from 34,842 (2010) to 29,835 (2011). The 2007 LOS
for the Carolina Beach Road /Archmil Way intersection is E, meaning the roadway is
operating at design capacity and traffic is experiencing delays at intersections. The
anticipated trip count for the proposed project is a weekday average of 2.5 trips. Therefore,
no TIA will be required for the Monkey Junction RV Boat Storage proposal.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially
endanger the public health or safety where proposed road improvements required by NCDOT are
implemented.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance.
A. Conditional zoning districts are designed for firm development proposals and not for
tentative development. Monkey Junction RV and Boat Storage is a firm development
consisting of seventy -five (75) storage spaces over a gravel lot. Adequate room is
provided for vehicular circulation and maneuvering. The project will be a stand -alone
CD(B -2) conditional use district directly adjacent to an existing CD(B -2) mini - storage
facility, owned and managed by the same entity. The applicant states that hours of
admission to the storage area will be limited, but does not state what those hours will
be. Access will be monitored by security video according to the applicant materials.
B. The required community meeting was held on Wednesday, September 7, 2011 and
neighbors who attended discussed lighting, security fencing, visual buffering and
potential property devaluation.
C. Required side buffers have been widened to 25. Supplemental plantings will be
installed to assure the visual opacity regulations for separation of uses. Streetyard and
interior landscaping will be added to soften the views from the street access and to
further screen the use from adjacent properties.
D. A grading permit will be required because the area of disturbance exceeds one acre.
Staff Suggestion: Evidence in the record at this time supports a finding that the use can meet all required
conditions and specifications of the Zoning Ordinance.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity.
A. No evidence has been submitted that this project will decrease property values of
residents who live nearby.
4 1 P age
Board of Commissioners Meeting
11/07/2011
14 -2 -4
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
4. The Board must find that the location and character of the use if developed according to the
plan as submitted and approved will be in harmony with the area in which it is to be located
and in general conformity with the plan of development for New Hanover County.
A. The 2006 CAMA Land Use Plan Update identifies this area as Urban. The purpose of the
Urban Classification is to provide for continued intensive development and
redevelopment of existing urban areas.
B. Policy 4.3 discusses the need to maximize effectiveness of commercial uses by assuring
that land is available for commercial uses within close proximity to the markets they
serve and by ensuring that such commercial uses do not diminish the quality of life in
nearby residential areas. Policy 5.7 applies also, which states the importance of
preserving the character of the area's existing residential neighborhoods and quality of
I ife.
Staff Suggestion: The evidence in the record at this time supports a finding that the use will be
consistent with the land use plan and in harmony with the neighborhood with the addition of three (3)
conditions.
(1) A privacy fence sufficient to also enhance neighborhood security should be utilized as part
of the buffering option, and
(2) The lot surface should remain gravel so that the property might more easily transition
back to residential use if market conditions improve and demand shifts in the future.
(3) As offered by the applicant, hours of access should be limited to avoid undue disturbance
of the peaceful enjoyment of the surrounding neighborhood and should be specified on the
site plan. Staff recommends hours of 7 a.m. to 9 p.m., consistent with the intent of Section
23 -34(b) of the County Code of Ordinances relating to unlawful noise - generating activities
in residential areas.
ACTION # 2 NEEDED: (Choose One)
Use the Script /Worksheet to make findings and
1. Grant the special use; or
2. Add conditions to the special use; or
3. Deny the special use.
5 1 P age
Board of Commissioners Meeting
11/07/2011
14 -2 -5
Case Z -914 (10/11)
6.93 acres from R -10 to CD (B -2)
Petition Summary Data
5050 Carolina Beach Road
Owner /Petitioner: Cindee Wolf on behalf of Archie McGirt & Jane Batten
Existing Land Use: R -10, residential; vacant
Zoning History: Area No. 4 (April 7, 1971)
Land Classification: Conservation and Urban
Water Type Access available at two locations; however, CFPUA will need to review any requests for
connection or extension.
Sewer Type: Access available at two locations; however, CFPUA will need to review any requests for
connection or extension.
Recreation Area Mary C. Williams Elementary School, Myrtle Grove Middle School
Access & Traffic Volume: The ADT of Carolina Beach Road, north of Antoinette Drive, has decreased from
34,842 (2010) to 29,835(2011).The portion of Carolina Beach Road fronting the subject property has a 2007
LOS of E, meaning the roadway is operating at design capacity and traffic is experiencing delays at
intersections.
Fire District: New Hanover County Fire Service District
Watershed & Water Quality Classification: Motts Creek (C; SW)
Aquifer Recharge Area: A shallow water table sand aquifer and underlying artesian aquifer containing fresh
water over salty water.
Conservation /Historic /Archaeological Resources: The rear portion of the property is located within the AE
Flood Zone and floodway.
Soils: Johnston Soils, Baymeade Fine Sand (1 to 6 percent slopes), and Stallings Fine Sand.
Septic Suitability: Johnston is a Class IV soil, determined to be unsuitable. Baymeade Fine Sand and Stallings
Fine Sand are both considered Class II Soils; they have moderate limitations and require moderate
modification and maintenance.
Schools: Mary C. Williams Elementary School
Board of Commissioners Meeting
11/07/2011
14 -3 -1
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NEW HANOVER COUNTY
PLANNING & INSPECTIONS
DEPARTMENT
L USE ZONING DISTRICT
230 Government Center ;,
Suite I 10
Wilmin NC 28403
910-798-7165 phone
910-798-7053 fax
www.nhc
Petitioner Information Propert Owner(s) Subject Propert
I different than Petitioner
Name
Owner Name
Address
Cindee Wolf
McGirt & Jane Batten
5050 Carolina Beach Rd
Compan
- Archie
Owner Name 2
Parcel ID
Withers & Ravenel, Inc.
p/o 313409.15.7986
Address
Address
Area
1410 Commonwealth Drive,, Unit 101
2000 Iv Lane
6.93 Ac. (Zonin 3.05 Ac.)
Cit State, Zip
Cit State, Zip
Existin Zonin and Use
Wilmin NC 28403
NC 28405
I R-10 / Vacant
Phone
- Wilmin g ton,
Phone
Proposed Zonin and Use
910-509-6505
910-791-1150
CD B-2 / RV&Boat Stora
Email
Email
Land Classification
,cwolfwwithersravenel.com
tre
l Urban
PLEASE READ ALL OF SECTION 59.7 OF THE COUNTY ZONING ORDINANCE PRIOR TO t ,°TINJ
YOUR APPLICATION!
Petitions must be reviewed b Plannin & Zonin for completeness prior to acceptance. For petitions involvin five (5) acres of
less, a fee of $400.00 will be char for those of g reater than five (5 acres a fee of $600-00 will be char This fee, pa
to New Hanover Count MUST accompany this petition.
Petitions Tor conditional chan of zonin are first referred to the New Hanover Count Plannin Board and then act&.
upon b the New Hanover Count Board of Commissioners.
Complete petitions and all supplementar information must be accepted b Plannin & Zonin twent (20) workin
4�a before the Plannin Board meetin to allow ade time for processin and advertisement as re b the North
"'arolina, General Statutes.
Pa I of 4 4/10
Board of Commissioners Meetin
11/07/2011
14-8-1
Plannin Board meetin are held at 5:30PM in the Commissioner's Assembl Room in the Old Count Courthouse, a)
Third and Princess Streets Wilmin North Carolina, on the first Thursda of each month.
If the Plannin Board approves y our petition, the re will automaticall be referred to the Board of Count
Commissioners. If y our petition is denied, y ou ma appeal to the Board of Commissioners. Plannin & Zonin can advise y ou
Fe g ardin g appeal procedures.
4 1"
, At
J I
1. How would the re chan be consistent with the Count Policies for Growth and DevelopmenF
4. List proposed conditions and restrictions that would miti the impacts of the proposed use(s).
Refer to the site plan and project narrative for specific conditions.
ZMEM
Board of Commissioners Meetin
11/07/2011
14-8-2
011,11
.. .. .. .. .. .. .. .. ..
Authorit to g rant a Special Use Permit is contained in the Zonin Ordinance, pursuant to section 7 1. The Zonin Ordinanc
imposes the followin General Re on the use re b the applicant. Under each re the applicant shouvil!
explain, with reference to attached plans, where applicable, how the proposed use satisfies these re ( Attach additiona
pa if necessar
General Re 42
The Board must find "that the use meets all re conditions and specifications" of the Zonin Ordinance.
The plan has been prepared in accordance with the Zonin Ordinance re and
would meet the compliance re for the E-2 district of use, setbacks,
landscapin and bufferin parkin si stormwater mana etc. There are no
additional restrictions imposed for this particular special use.
General Re #3
The Board must find "that the use will not substantiall in the value of ad or abuttin propert or that the use is a
public necessit
Sufficient setbacks, landscapin and bufferin will be providin between the pro
and surroundin residential properties. There is no evidence that propert values have
been adversel impacted b the existin stora facilit
General Re #4
The Board must find "that the location and character of the use if developed accordin to the plan as submitted and approved will
be in harmon with the area in which it is to be located and in g eneral conformit with the plan of development for New Hanover
Count
Policies for g rowth & development encoura continued efforts to attract and retain
businesses. Implementation strate su maximizin the effectiveness of
commercial uses b assurin that land is available within close proximit to the
markets the serve. On site boat stora is not possible in man nei y et
g oals are to provide recreational opportunities, includin boatin The propert
fronts on what has become the service road for a bus hi The pro would be
easil accessible to the man nei in the vicinit
The 2006 Land Classification Plan identifies this area as Urban. The Urban
classification is to provide continued intensive development of existin urban areas.
The location of these areas in based upon land use plannin policies re optimum
efficienc in land utilization and public service deliver The project would provide
z needed service while not diminishin the q ualit y of life in nearb residential areas.
I
5, MY
Board of Commissioners Meetin
11/07/2011
14-8-3
úÍÛÊØ ÍÖ ùÍÏÏÓÉÉÓÍÎ×ÊÉ ï××ÈÓÎÕ
Authorit for Appointment of A
Piease note tihat for q uasi-judicial proceedin either the land owner or an attorne
must represent the case at its public hearin
The undersi owner
Archie McGirt & Jane Batten
does hereb appoint
(Print or T
WITHERS &- RAVENEL, INC./CINDEE WOLF I as hi*s/her/its exclusive a for the purpose of petitionin New
•
(Print or T
Hanover Count for a variance, special use permit, conditional use district, and/or an appeal of staff
decisions applicable to the propert described in the attached petition.
1. To submit a proper petition and the re supplemental materials.
6
F.. To appeal at public meetin to g ive representation and commitments on behalf of the owner.
3. To act on the owner's behalf without limitations wifth re to an and all thin directl or indirectl
connected with or arisin out of an peon for an amendment applicable to the New Hanover Count
Zonin Ordinance under Article X1 therein.
This a a shall continue in effect until written nofice of revocafion b the owner is delivered.
to New Hanover Count
This the da of v, 2010
Na
A Name, Address, Email & Telephone Si of Owner (s)
Board of Commissioners Meetin
11/07/2011
14-8-5
FOR REGISTRATION REGISTER OF DEEDS
REBECCA T. CHRISTIAN
NEW HANOVER COUNTY, KC
2002 JUN 19 11:32:44 AM
W:3334 PG:797-800 FEE:
INSTRUMENT it 220203078
*rawn B Stevens, McGhee, Mor Lannon & ToR, L.I.A.-
Revenue Stamps: $ Tax Parcel Nos. 1107600-006-064400 am;
R07600406 0
""'IT"',"
THIS DEED, made and entered into this V-1 - da of June, 2002, M
NI
See Exhibit "A" attached hereto and made a part hereof.
IIqIIl!I1!II!I1l Il 111111111 111�11111 lifill �iiiiiiiiii Ill l�illillilil lilliplill I I � 111
"I'l-l""': i6A' to tl 1r'
Al applicable zonin and land use ordinances, statutes and re utilit
ffiasements and reshictions, of record.
ril
T
!1�111!111 II-'lIIIIIIlpII1�IIq� F I
11 Ill �iiiiiiiij ii-i III I I I I � I 111 l! I I I l�� I I lipin1�1q,
be si in its name b its dul authorized k4ember-Mana as the act and deed of
said Limited Liabilit Compan the da and y ear first above written.
{
r°
Membe
WITNESS m hand and notanial stamp or seal,, this da of June,,2002,
Z
�». vt�
�
expires
w -
otary Public
0 ok;�
Board of Commissioners Meeting
11/07/2011
14 -8 -7
�, , � �, 5�1�
U"I'la" N
Board of Commissioners Meetin
11/07/2011
14-8-8
11/07/2011
14 -8 -9
Adjacent Property Owners List for
Conditional District Rezonin of
P /o 5050 Carolina Beach Road
Monke Junction Mini Stora
2000 Iv Lane, Wilmin NC. 28405
Mildre s „.
1143 McGirt Place, Wilmin NC 28412
Situs Address: 5044 Carolina Beach Rd
PIN: 313409.26.2505
PID: R07100-001-002-000
Gall Lee McGirt
1131 McGirt P1, Wilmin NC 2841
�lA ress: 1131 McGirt P111
PIN: 313409.15.7545
PID: R07600-006-059-000
Z�aii Lee McGirt -
1131 McGirt P1, Wilmin NC 2841
Situs Address: 1101 McGirt P�
PIN: 313409.15.1007
PID: R07600-006-062-000
Archmil Place Inc
609A Piner Rd., Unit 109, Wilmin NC 2840111
;Q
Situs Address'. 1101 Bearrion Lr
PIN- 313409.15.0789
0
PID: R07100-0014i3-000
Alice Weiser
1204 Beamon Lane Wilmin NC 28411
1 0
Situs Address: 1204 Beamon Ln
PIN&- - 313409.15.4806
PID: R07100-001-045-000
Situs A* dress: 1143-Carolina Aeach Rr�
PIN: 313409.15-9765
PID: R07600-006-069-000
Gail
1131 McGirt P1, Wilmin NC 2841
!0tus Address: 1123 McGirt PI
PIN- 313409.15.3253
a
PID: R07600-006-063-000
Gloria Fullwood
4Q4 Motts Creek Rd, Wilmin NC 28412
Situs Address.- 424 Motts Creek Rd
PIN: 3134099274
PID: R07600-006-066-000
Ross Larson
2234 Washin St, Lemon Grove, CA 91945
Situs Address: 1202 Beamon Ln
PIN: 313409.15.3862
PID: R07100-001-044-000
Breft Waress
613 Barksdale Rd, Wilmin NC 28409
s Address: 1206 Beamon Li7
PIN: 313409.15.4839
PID. R07100-001-046-000
Board of Commissioners Meetin
11/07/2011
14-8-10
úÍÛÊØ ÍÖ ùÍÏÏÓÉÉÓÍÎ×ÊÉ ï××ÈÓÎÕ
Le Description for
Conditional District Rezonin of
Part of 5050 Carolina Beach Road
Be at a point in the southwestern boundar of Archmil Wa a 50' Private
In / E Easement, recorded on a plat amon the land records of the New
Hanover Count Re in Map Book 51, at Pa 398 and runnin thence from
�he point of be
5
Board of Commissioners Meetin
11/07/2011
14-8-12
k
To: Jackie Williams-Roland — Clerk to the Plannin Board
[OFMT
7
P/o 5050 Carolina Beach Road
1141a r VO�Mi Mwmi���
The meetin was held at the followin time and place: Wednesda September 7 th ' 6:00 p.m.,
at the offices of Nlonk�y Junction Self Stora — 5044 Carolina Beach Rd., Wilmin
The persons in attendance at the meetin were: See Attacheo Si.
q -in �i
I
Date: 0. 1
Applicant: Withers & Ravenel, Inc.
B Cindee Wolf — Promect Mana
oard ot Commissioners Meetin
11/07/2011
14-8-13
WITHERS RAVENEL
To: Adjacent Propert Owner
From: Cindee Wolf
Re: Monke Junction RV & Boat Stora
I IEW W
T
We hope to work closel with the ad propert owners and an other interested parties to
assure the are aware of -the pro and to provide an opportunit for explanation of the
proposal. Q uestions can be answered concernin pro improvements, benefits, and impacts.
A meetin will be held for -this pro proposal on Wednesda September 7'�', from 6:00 -to 7:00
p.m., at the off ice of Monke Junction Self Stora 5044 Carolina Beach Road. You can also
contact me at 910-509-6505, with comments, q uestions, or if y ou need additional information.
We appreciate y our interest and look forward to a successful pro development that will be an
asset to our communit
1410 Commonwealth Drive, Unit ioi, Wilmin North Carolina 28403 Teh 9 10.2 5 6. 9 2 77 Fax: 9 10.2 5 6.2 5 8 4
6
License No. C-0832 WWW.Withersravenel.com
Board of Commissioners Meetin
11/07/2011
14-8-14
Project Project No.
Afft MZY 9\) '�& &�
WITHERS & RAVENEL Subject
ENGINEERS I PLANNERS I SURVEYORS
Date J7 Sheet No.
Rn
, # j s Meegn
ill MacKenan Drive 1 Cary, North Caro 7 9.334 fax-919.467.6008 1 www.withersravenel.com
14-8-15
Monke Junction RV & Boat S-to—ra
Project Narrative
The sub propert is located j ust behind an existin self-stora facilit with access to Garolirm
Beach Road, a ma thorou and bus commercial corridor.
I ON
Board of Commissioners Meetin
11/07/2011
14-8-16
I
I
Board of Commissioners Meetin
11/07/2011
14-9-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: November 7, 2011
REGULAR
ITEM:
15
DEPARTMENT: PRESENTER Shawn Ralston, Lon Ran Plannin Mana
( PB Representative Dan Hilla)
CONTACT(S): Shawn Ralston, Lon Ran Plannin Mana Chris O'Keefe, Plannin & Inspections
Director
SUBJECT:
Public Hearin
Text Amendment (A-392, 09/11) - Re b Staff to Amend Section 53.6 of the Count Zonin
Ordinance to Clarif Certain Standards for Establishin an Exceptional Desi Zonin District
(EDZD)
BRIEF SUMMARY:
At their October 6, 2011 meetin after a split vote of 3-3 which failed, the Plannin Board voted 6-0 to
recommend approval of the text amendment with chan to staff s recommendations.
One person spoke in opposition of the amendments.
STRATEGIC PLAN ALIGNMENT:
Intelli Growth and Economic Development
• Innovate pro to protect the environment
• Implement plans for land use, economic development, infrastructure and environmental pro
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED:
Approve the amendments as presented; or
Modif the amendments; or
Den the amendments.
ATTACHMENTS:
A-392 Script for Text Amendment
A-392 Staff Summar
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (onl Mana
COMMISSIONERS'ACTIONS:
The item was tabled and sent back to the Plannin Board b a vote of 3- 1, Vice-Chairman Thompson
dissentin
Board of Commissioners Meetin
11/07/2011
15-0
ITEM # 15
SCRIPT FOR TEXT AMENDMENT A-392 (09/11)
REQUEST BY STAFF TO AMEND SECTION 53.6 OF THE COUNTY'S ZONING
ORDINANCE TO CLARIFY CERTAIN STANDARDS FOR ESTABLISHING AN
ESCEPTIONAL DESIGN ZONING DISTRICT (EDZD). This item was continued the
September 1, 2011 meetin
CHAIRMAN
1 This is a public hearin We will first hear a presentation from staff. Then proponents of
the text amendment and opponents of the text amendment will each be allowed 15
minutes total to speak. An additional 5 minutes of rebuttal will be allowed for each side.
2. Open the public hearin
a. Staff Presentation
b. Proponent's presentation (up to 15 minutes)
C. Opponent's presentation (up to 15 minutes
d. Proponent's rebuttal (up to 5 minutes)
e. Opponent's rebuttal (up to 5 minutes)
3. Close the public hearin
4. Commissioner discussion
5. Is there a motion to find that this text amendment to the ordinance is consistent
with the land use plan and is reasonable and in the public interest and should be
adopted?
Motion:
Second:
Vote:
Board of Commissioners Meetin
11/07/2011
15-1-1
A-392 Amend Section 53.6 EXCEPTIONAL DESIGN ZONING DISTRICT (EDZD)
APPLICANT: Staff
PLANNING BOARD ACTION: At its October 6,,2011 meetin after one split vote which failed
3-3,, the Plannin Board voted 6-0 to recommend the followin amendments to Section 53.6
of the zonin ordinance. These amendments include chan from the staff's proposed draft.
BACKGROUND: Since the adoption of the Exceptional Desi Zonin District in November of
2009, and a minor revision in April of 2010, the count has considered two EDZD projects. One
was disapproved and one was approved. Durin those actions, staff identified several places in
the lan that needed clarification or stren in order to achieve the intent of the
district. These proposed chan are part of the Ordinance Improvement effort.
(Deletions have red strikes throu them. New lan is underlined and in red.)
53.6-1: Intent- The Exceptional Desi Zonin District (EDZD) provides opportunities for mixed
use or hi densit residential projects within the unincorporated areas of the Count where
appropriate urban features are in place to support such projects without the ne impacts
of urban sprawl. Throu the conservation of water bodies, wetlands, floodplains and open
space, it is intended that this district will prevent the de of water q ualit y and foster
the preservation of natural h habitat and biodiversit In addition, the district is
intended to provide desi flexibilit to achieve public and private spaces that advance a sense
of communit in a well-inte service area that diminishes the need for vehicular traffic and
encoura bic and pedestrian movements. The EDZD shall be located with respect to
public and private facilities existin or clearl available b the time the are re within the
development.
Physical character of the site and relation to surrounding Property - The site shall be suitable for
development in the manner proposed without creatin hazards to persons or propert on or
off the district, and free from the probabilit of floodin erosion, subsidence or slippin of the
soil or other dan Condition of soil, g roundwater level, draina and topo shall all be
appropriate to both the kind and pattern of use intended. If appropriate to the form and
function of development, lands to be included in EDZD districts ma be divided b streets,
alle ri or easements, but shall be located, dimensioned and arran as to permit
unified plannin and development and to meet all re in connection therewith, as
well as to provide necessar protection a adverse relationships between uses in the
district and uses in surroundin areas.
53.6-2: Applicabilit —Areas classified as Conservation on the current CAMA Land Classification
Map are not eli for residential densit g reater than 2.5 units per acre, and such acrea
must be subtracted from the acrea upon which densit on other portions of the district is
calculated. All other areas of the unincorporated plannin j urisdiction for New Hanover Count
are eli for the EDZD.
A-392 PB Recommended Version
Pa 1
Board of Commissioners Meetin
11/07/2011
15-2-1
53.6-3: Procedures for establishin Exceptional Desi Zonin Districts
1) Applications procedures and materials to be submitted. Approval for EDZD rezonin
shall g enerall y follow procedures for establishment of Planned Development Districts.
Material submitted with the application as outlined below, or on subse re b
the Plannin Department, shall include all plans, maps, studies and reports which ma
reasonabl be re to make the determinations called for in the particular case.
Applicants are recommended to meet with staff before substantial investments are
made towards the desi of exceptional development pro and are re to meet
with staff to review the exceptional development concept and criteria prior to
submittin an application. Application shall be made on forms provided b the Count
and in accordance with the schedule of deadlines for Plannin Board submissions. The
followin procedures must be met:
a. Meet with staff
b. Hold 2 meetin with owners and nei ad to the proposal
and within 500 feet of the area to be considered (Section 111-2.1:
Re communit information meetin before consideration). At
least one meetin must be scheduled after 6:00 p.m. Notice of both
meetin must be g iven at least two (2) weeks in advance.
c. Prepare application and submit b application deadline. The
application shall include:
Surve map as well as metes and bounds description of the
boundaries.
i i. Map showin location of existin public water and sewer lines,
roadwa classification, existin or planned bic and
pedestrian facilities, schools, parks, and
shoppin districts within a mile radii of the outermost
pro boundar
T-r-;Qffer— lmmprmt Amp! An evaluation of traffir
I I %.A I I 1 %.0 1 1 1 1 r %.A %.0 U I I I I %.A
t S
prepared in arrordanre wit h_,,, _s�r �,� t :
the Wilminelon M e t
a n n i n r n i z at i o n, N C D O'T"
a n P
and New Hanover C
and s'
__ , ,_
13
' Drofessional en is re for all pro (based
on proposed maximum densit and intensit for the acrea
iv. Narrative g enerall y describin the reasons for seekin
rezonin and outlinin the anticipated development to be
approved under separate permit at a later date, if known, and
describin the ade of access to the site.
V. Inventor of the existin environmental, cultural, historical
and natural site attributes.
A PB Recommended Version
Pa 2
Board of Commissioners Meetin
11/07/2011
15-2-2
vi. A conceptual plan that shows with reasonable certaint the
t and intensit of use for the proposal.
vi i. Summar of the meetin held with surroundin propert
owners.
vi i i. A checklist of the prere standards that will be met.
ix. Application fee.
X. Calculations of the re densit and
documentation supportin the award of points for an densit
bonus.
xi. Verifiable water and sewer expansion plans must be provided
and allocation of capacit confirmed with the Cape Fear Public
Utilit Authorit
xii. Phasin schedule.
xiii. The pro must meet all applicable re of the
Count Zonin Ordinance.
d. Plannin Board consideration and Board of Commissioners decision
after public hearin
53.6-4: District Re - Residential densit and non-residential intensit within the END
shall be based upon the overall exceptional desi score of the proposed
development. The followin re must also be met:
1) The applicant must be the owner or owners of all the propert to be included in
the district and must demonstrate that the propert is j ointl y owned or be
sub to a formal a for unified control. Authorization to ConstrUrt
shall not be issued until unified own e established.
2) A district must include the entiret of the parcel or parcels bein considered.
3) A district ma not extend across an ma or minor arterial roadwa t
three or more lanes of vehir.'Ular traffir., unless the district proposes multiple,
13
unified development phases of mixed uses havin safe, si vehicular,
SU r h as rrosswalk
pedestrian and bic facilities to connect the projects, 1, %.1 %.1
4) Densit permitted b ri for residential units in the district shall be six (6) units
per acre.
5) Cumulative floor area ratio (FAR) for mixed use permitted b ri in the district
shall be 1.0.
6) All proposals seekin to exceed six (6) units per acre or FAR of 1.0 must
accumulate exceptional desi bonus points sufficient to q ualif y for the
proposed densities or intensities.
7) Prere standards as described in Table 53.6-7.
A-392 PB Recommended Version
Pa 3
Board of Commissioners Meetin
11/07/2011
15-2-3
8) The Exceptional Desi District Certification must be assured durin the first
phase of development or prior to completion of more than 24 units, whichever
comes first.
53.6-5 Staff Recommendations - Plannin staff, in consultation with other appropriate
departments or personnel, shall prepare a written report to the plannin board and board of
commissioners, containin the followin findin
1) As to the suitabilit of the proposals for the g eneral t of function, the ph
characteristics of the land, and relation of the proposed development to
surroundin areas and existin and probable future development.
2) As to the sufficienc of supportin evidence in the application showin that the
proposed location can meet the basic criteria for exceptional desi
3) As to the relation to ma roads and mass transit facilities, utilities and other
facilities and services.
4) As to the ade of evidence on unified control and the suitabilit of an
proposed a contracts, deed restrictions, sureties, dedications,
contributions, g uarantees, or other instruments, or the need for such
instruments, or for amendments in those proposed.
5) As to the suitabilit of plans proposed or the su of conditions.
6) As to the consistenc with the Count adopted Land Use Plan and other
adopted plans for development in the vicinit and su how the rezonin
mi be reasonable and in the public interest if approved.
53.6-6 Actions b Plannin Board Board of Commissioners - Actions b the plannin board
shall be in the nature of a recommendation for or a the rezonin and ma include
su conditions of approval. The Board of Commissioners ma g rant the application in
accordance with the END re and other applicable local, state or federal re
or ma approve the application with conditions attached, or ma den the application.
53.6-7 Development to be in Accord with Approved Concept Plan and Related Re If
the rezonin is approved, the Board of Commissioners shall, approve the development concept
plan as described in the application, or indicate re modifications in such approved plan,
and such approval shall be bindin in determinations concernin final development plans. If the
rezonin is approved, the development shall be re to be in accord with approved concept
plans and meet the re of these and other re as approved. The
development shall also conform to an time limitations established b the board of
commissioners or the applicant as to be and completion of the development as a whole,
or in specified sta Before development ma proceed, a contracts, deed
restriction, sureties and other instruments involved shall be in a form approved b appropriate
officers or a
Underl standards upon which to add the exceptional desi criteria shall include:
A-392 PB Recommended Version
Pa 4
Board of Commissioners Meetin
11/07/2011
15-2-4
1) Maximum Buildin hei within 200 feet of an residential zonin district or
residential use (4/6/10), buildin hei shall not exceed fort (40) feet.
2) Buildin setbacks and separation: Buildin located on the peripher of the
district shall be set back a minimum of twent (20) feet from the district
boundar When the proposed setbacks from the peripher of the district are
less than the proposed hei of the buildin the application shall include an
explanation of how the pro reasonabl addresses privac li air, and safet
impacts upon ad properties.
3) Parkin Off-street parkin shall be provided in accordance with Article VIII of the
zonin ordinance. Projects that meet ' Ser.1tion 53.6-13 Additional Re 1,
2, 3 and 5 ma reduce the minimum parkin re b 10 within the
commercial component of the pro
4) Connerted mote
' n Communit,
! r d e r t s t h a t h a v e 11. 1 f,Y' h
levels of internal ronner''
%.1 ctivitv and are well ronnerted to the roMM
u n i t v
utilized on roads enterinr, exit i
-,)r within the devel ' f nt.
_ .........
. ...........................................
5) Si Si shall compl with the standards in Article IX of the zonin ordinance.
The developer shall be responsible for erectin and a propert owners association
shall be responsible for maintainin street name si at all intersections within
the district.
6) Landscapin and bufferin shall be in accordance with Article 67, except that
re buffers ma be allowed within electric utilit easements g reater than 30
feet with the permission of the appropriate utilit compan and provided a
memorandum of a is in place statin that the buffer will be maintained
in perpetuit in accordance with the standards for size, opacit and location.
7) Street Li Street li shall be included at the rate of one fixture per 500
linear feet or less of roadwa
8) Conservation Resource Re shall be applicable.
9) Li (4/6/10): All site li shall be located so as not to shine or reflect
directl onto an ad residential propert
10) Open Space(4/6/10): Open space shall be provided within all exceptional desi
zonin districts and except as provided in section (c) below shall e a minimum
of 35 of the g ross site area of the district. Open space is an area of land set
aside, dedicated, or reserved for public or private use or en that shall be
functional for uses includin but not limited to: an area of environmental
preservation and enhancement, park, internal court plaza, pla
pla atrium or g reenwa y pedestrian and non-motorized vehicle easement.
Open space ma be natural or recreational.
A-392 PB Recommended Version
Pa 5
Board of Commissioners Meetin
11/07/2011
15-2-5
(a) Natural open spaces are intended to protect the natural
environment, protect water q ualit y , provide environmental
education and provide habitat for wildlife. Natural open spaces
include natural features such as wetlands and conservation
overla districts or otherwise undevelopable land. Natural open
spaces shall not exceed 10 of the open space re
(b) Recreation open spaces ma be active or passive and are
intended to provide outdoor recreation opportunities or
provide locations where the public is directl or indirectl
invited to g ather, browse, sit, interact or con A
maximum of 25 of the open space area ma contain
amenitized recreational facilities includin swimmin pools, g olf
courses, tennis courts and basketball courts. Unimproved
passive recreation open spaces are encoura
(c) If the proposed open space is less than 35 , or the t of
open space do not conform to (a) and (b), the application shall
include an explanation of how the pro reasonabl provides
for spaces that enhance a sense of communit and q ualit y of life
for the future residents or patrons of the EDZD. All open space
shall remain undivided and be reserved and used in accordance
with Section 69.1.
53.6-8 Administrative Action for Approval of Final Plans
1) After an EDZD district has been established, no buildin permit shall be issued
therein, unless and until the Technical Review Committee and the Plannin Director
have approved final plans and reports for the development as a whole or sta or
portions as outlined upon approval. The form and content of such final plans and
reports shall be as prescribed for the district, and in the rules of the count and
other affected a The final plan shall constitute the e of preliminar
plat approval under the New Hanover Count Subdivision ordinance.
2) Approval of final plans and reports shall be based on compliance with zonin
re appl at the time the land was zoned to EDZD status, includin such
specific conditions as were included b the Board of Commissioners in its rezonin
action. The Plannin Director shall certif that the conditions imposed b the board
of commissioners have been met.
3) Upon approval of final plans and reports, buildin permits shall be issued in the
same manner as for buildin permits g enerall y , provided that an re
relatin to the order and location in which buildin permits are to be issued in the
particular EDZD district shall be observed. Except as provided in this article, final
plans and reports approval shall be bindin on the applicants and an successor in
title, so lon as EDZD zonin is applied to the land.
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53.6-9 Approval of Detailed Plans and Related Material is an Administrative Action
Approval of detailed plans and related material is an administrative action. No public
notice or hearin is re in connection with approval proceedin of final plans or
chan in approved plans, but the Technical Review Committee shall meet and approve
the technical merits of the final plan, and when the Plannin Director or his desi
has certified that the plan approved b the Technical Review Committee meets all the
re and conditions of the ori approval, then si of the Plannin
Director and the Chairman of the Technical Review Committee shall be affixed to the
approved final plan.
53.6-10 Restrictions on Permitted Uses
The principal uses in an Exceptional Desi Zonin District shall be as set out and
approved in the ori approvin action, unless otherwise amended b the Board of
Commissioners. After the concept plan has been approved, chan in an principal use
or accessor use shall constitute a chan in the approved EDZD and shall re
approval b the board of commissioners.
53.6-11 Effect of Approval
An area desi as an Exceptional Desi District shall thereafter be developed
usin onl the exceptional desi standards and proposed conditions under which the
EDZD is approved. An reduction in the prere standards after approval shall be
considered a violation of the terms and conditions of approval. In accordance with
NCGS153A-344.1(c) and (d) , approval of the master plan shall establish a vested ri
After 24 months from the date of ori approval, if no construction activit has been
permitted, the approval of the ori concept plan and an approved final plan shall
expire and new approvals based on standards existin for EDZD districts at that time
shall be re Extensions of vested ri be the first 24 months ma be
approved b the Technical Review Committee based on relevant circumstances,
includin but not limited to the size and phasin of development, the level of
investment, the need for the development, economic c and market conditions, but
the total vestin period ma not exceed 5 y ears.
53.6-12: Modifications
Site specific development plans ma be modified upon review and approval of the
Plannin Director. Minor chan ma be approved in the same manner as set forth in
Sec. 71-1(9). Major modifications, includin additional densit bonuses ma be
approved b the Plannin Director or his desi and the TRC when the prere
standards are maintained and sufficient additional points accrue to support the re
However, modifications that conflict with small area nei or corridor plans
shall not be approved in this manner. Projects that remove components for which
densit or intensit bonuses have been awarded must modif the plan accordin and
submit for approval.
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53.6-13 Exceptional Desi District Standards Converted to Points
The followin table includes the criteria that shall enable a pro to be classified as and
Exceptional Desi District and allow for the densit bonuses herein provided. The first
six (6) criteria are re for an project to initiall q ualif y for Exceptional Desi
review. In addition to the first six criteria, an additional twelve (12) points are re
from the remainin ,eleven (0101) additional criteria. Plannin Director will determine
whether criteria are properl met.
CORE REQUIREMENTS (italicized items are further defined in Definitions Section)
1. Smart Location
REQUIRED
Option 1: Locate project on an infill site.
Option 2: Locate project on an adjacent site with pre-project connectivit
Option 3: Locate pro near existin or planned ade transit service.
Option 4: Locate pro near existin nei shops, services, and
facilities.
2. Proximit to Water and Wastewater Infrastructure
REQUIRED
Option 1: Locate pro on a site served b existin water and wastewater
infrastructure. Replacement of or other on-location improvements to existin
infrastructure are considered existin for the purpose of achievin this option.
Option 2: Locate pro within an area scheduled for water and sewer expansion
where verifiable expansion plans can be provided and allocation of capacit can be
confirmed with the Cape Fear Public Utilit Authorit
3. Si Species and Ecolo Communities
REQUIRED
Option 1: After consultation with the NC Natural Herita Pro map as found
on the New Hanover Count online mappin services, no species present or likel
to be present that are listed under the federal Endan Species Act, NC
endan species list or listed in the NC Natural Herita Pro as either
Nationall State or Re Si
Option 2: If initial consultation with the NC Natural Herita Pro map is
inconclusive, then a q ualified biolo scientist performs biolo surve to
determine the presence of endan or si species or the applicant
consults with the NC Natural Herita Pro in Ralei to receive a State
determination.
Option 3: If endan or si species are found, compl with an approved
Habitat Conservation Plan (HCP) under the Endan Species Act for each
species or receive an approved miti plan from the NC Natural Herita
Pro
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a
Option 4: If endan or si species are found and no approved HCP
exists, work with an appropriate authorit to create and develop one or develop
an approved miti plan with the NC Natural Herita Pro
4. Wetland and Water Bod Conservation and Preservation
REQUIRED
To prevent bacterial contamination of surface water, install pet waste stations
within re open spaces and implement a maintenance schedule for the pet
waste stations
-and-
Option 1: Locate pro on a site that includes no j urisdictional wetlands, water
bodies (includin but not limited to intermittent and perennial streams) or land
within 100 feet of these areas.
Option 2: Locate pro such that pre-pro jurisdictional wetlands, water
bodies (includin but not limited to intermittent and perennial streams), and land
within 100 feet of such areas shall not experience si destruction or lastin
detrimental effects to water q ualit y or other protected natural resources as a
result of new development. Si destruction shall include the construction,
excavation, deposition, of materials in, over or on such land or an work that
would affect the course, location, condition, or capacit of the receivin water
bod Create a lo, ! ,rrn m !I for on ,site water bodies and
wetlands and their buf`, .. ci n d r
ff r e,- 1 � 2 ...... ... p fundi rrle for
I m a D _i &tE "i e n
5. Floodplain Avoidance
REQUIRED
Option 1: Locate on a site that does not contain an land within a 100-
floodplain.
Option 2: Locate the pro on an infill site or a previousl developed site and
compl with the NFIP re for developin portions of the site that lie
within the floodplain.
Option 3: Develop onl on portions of the site that are not in a floodplain or on
portions that have been previousl developed.
6. Stormwater Mana
REQUIRED
Implement a comprehensive stormwater mana plan for the pro that
infiltrates and reuses stormwater runoff. Stormwater shall be mana followin
the principles prescribed in the New Hanover Count of Wilmin Joint
Low Impact Development Manual and will enable a project to use the LID-EZ
Spreadsheet Tool. A determination that a pro q ualifies as a Low Impact
Development shall be made b the Technical Review Committee (TRC).
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ADDITIONAL REQUIREMENTS (MINIMUM OF 12 POINTS FROM THE CRITERIA
LISTED BELOW IN ADDITION TO THE CORE REQUIREMENTS)
1. ' Mixed Uses
z_
Inr
.1, de a residential nent ir t that t least 25 of the
rate t U that
Jeast 50 of the dwelling units are within mile walk distance of at least
,,of the diverse uses in the Diversity of LJses List in Seretion 53.6 of this Ordinanrle.
At least one use from two of the three diverse use _ within the Dilve.E!L��
,,of LJses List is reauired.
2. Bic and Pedestrian Access
2 or 4
Provide an internal bir edestrian networl< that includes a pedestrian or
13 _ I
points
bic throu in at least 90 of an new cul-de-sacs, except where
prohibited b topo conditions.
-and-
Provide bi if a m i
,,retail and rloMmerrlial de
a n d
Des'.7 orate t at le of the folio
ons*.
ontinuous miles in, is
within mile bic,% clin .. ! ,, J ,,,,., 1 a-nre of tl
ir e rt b o u
n et%, the networl< must be listed in
Commissioners'
r.lontinuous miles in, t i is
rN
within mile bic ,, of tl !ier
S r -tains at least seven
of the uses in the Dive ...... (A_p2j111A,
L .. f LJses,,
s e I e r.1. w e v , wil-1,
not be awarded for bo
3. Housin and Jobs/Commercial Opportunit Proximit
2 points
Option 1: Include a residential component e at least 30% of the pro
total buildin s foota and locate and/or desi the pro such that the
g eo g raphic center is within a mile walk distance of pre-pro full-time
e j obs e to or g reater than the number of dwellin units in the
pro
Option 2: Include a non-residential component e at least 30 of the
pro total buildin s foota
%ff 0 %' 7 '%w 0 " "o %ff
(Delete previous #4) 0iV0ffS6bF Of 1115015 � onverted to Mixed Uses
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mo 0 %, %00 %, I%ff 0 IN IN %00
D e I e t e p r e v i o u s # 5 1. C.- e Eno ks e or xWe %20 t. an e Eno ORWAN %20 Eno %20 D o eo Emo 0 e Eno t. e of OWN %20 b a to 2 to a r I A I t 1 2 Moved
into Wetland and Waterbod Conservation — Re 4
4. Transit Facilities
4 points
Locate development within mile of an existin or planned transit route. T"he
t ra n, a t i t h a s a n v e d b, & I .. that inrludes sr ) er ifir,,,flI\/
i e n �J e t 11 ed servire and that servire will
allorated funds SUffir' .. OVIL
roMmenre no later than O rr
f oot
a n d
Provide or identif covered and at least partiall enclosed shelters, ade to
buffer wind and rain, with at least one bench, at each transit stop.
a n d
Provide kiosks, bulletin boards, and/or si devoted to providin local public
transit information as part of the pro includin basic schedule and route
information at each public transit stop within or borderin the pro
5. Certified Green Buildin
2 points
Desi construct, or retrofit one whole residential or non-residential buildin to
be certi throu LEED, NAHB Green Buildin Standards, North Carolina
Health Built Homes or Green Globes.
6. Minimum Buildin Ener Efficienc
2 points
For non-residential buildin mixed use buildin and multifamil residential
buildin four stories or g reater, new buildin must be on avera 10 better
than ANSIIASHRAEIIESNA Standard 90.1-2007. For new multifamil residential
buildin three stories or fewer and new sin residential buildin 90 of
new buildin must meet Ener Star criteria.
7. Q n-Smite Renewable En Sources
2 points
Inr b I e e n j �. ! � je U r h as solar and
ate on-site n e n e r a I . LI :' ?
d u r �
Z I'D t10 of at le
thermal ene
o
elertriral and thermal e 1 11
0'y sive of existin buildin _,,.,.��stab is ,ed
n a r
t h b u i I d i,,
8. Water Efficient Landscapin
2 points
Reduce potable water consumption for outdoor landscape irri b limitin
turf to 25 or less, incorporatin rainwater catchment s such as rain
barrels or cisterns into the pro installin drip irri and utilizin
stormwater for landscape irri
I _
9. Natove L.a
2 points
e n' d
a . inv t o r f e x i trees al
i d e ion th ate a landSr,,,,, � a n
rves and enhanr rates o the
that ces native lan and eradi..'
�n r
ad of nonna'' nvasiveSIF ifi nnt tre
or eXrellent rondition shall be ined a, ' of t h i a
%.1 %.1 mainta
10. Buildin Orientation
2 points
Desi the pro so that a minimum of 75 percent of the buildin sites are
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constructed with the lon dimension of the structure facin 0-30 de of
south.
11. Affordable Housin
4 points
Include a minimum of 15 of the dwellin units as rental and/or for-sale dwellin
units priced for households earnin below area median income (AMI). Rental
units must be maintained at affordable levels for a minimum of 15 y ears.
*No partial points will be awarded. Points will not be awarded on a slidin scale.
BONUS AWARDS:
Bonus points will accrue after satisfaction of the "Core + 12 points" minimum exceptional
criteria above. When the project proposed has established the minimum criteria, an
additional points derived from within the elective cate above ma be applied toward
densit or floor area ratio bonuses. Points ma not be double counted and no partial points will
be awarded. Densit bonus shall be awarded at a rate of one (1) additional dwellin unit per
acre for each additional point accrued over the minimum exceptional criteria or one tenth
(1/10) additional FAR for each two additional points.
Diversity of Uses List be considered on
a case bv case basis.
13 1
Use One: Retail
Convenience Store
Florist
Hardware Store
Pharmac
Grocer Store
Miscellaneous retail
Use Two: Services
Bank
Coffee Shop
Hair care
Health club
Laundr cleaner
Medical/dental office
Resta u ra nt
Offices for private business and professional activities
Use Three: Civic/Communit Facilities
Child care (licensed)
Civic/communit center
Place of worship in a buildin
Police/fire station
Post office
Public librar
Public park
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School
Senior care
Social services facility
Associated Technical Standards for Section 53.6 of the New Hanover County Zoning
Ordinance,
Exceptional Design Zoning District
Definitions
In ill Site is defined as a site where at least 75 of the perimeter of the property borders
parcels that have been previously developed.
Previously Developed is defined as a site having pre- existing impervious coverage that would
typically have required regulatory permitting to have been initiated.
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n ti
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� a i
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Requirement 1: Smart Location
Pre - project connectivity may be met when the proposed project is located so that 25 of the
project boundary is adjacent to a previously developed property and connectivity of the site
and adjacent land is at least ninety (90) intersections /square mile as measured within a -mile
distance of a continuous segment of the project boundary. Locate and /or design the project
such that a through street and /or nonmotorized right -of -way intersects the project boundary at
least every 800 feet, connecting with an existing street and /or right -of -way outside the project.
(4/6/10)
Existing or planned adequate transit service: At least 50 of dwelling units and business
entrances within the project must be located within mile walk distance of existing or planned
bus transit stops. �d Iti � � ti � � d � ti � ti 1 that t has ti n
p � � n�n� �` �
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`ze
I
Associated Technical Standards for Section 53.6 of the New Hanover County Zoning
Ordinance,
Exceptional Design Zoning District
Definitions
In ill Site is defined as a site where at least 75 of the perimeter of the property borders
parcels that have been previously developed.
Previously Developed is defined as a site having pre- existing impervious coverage that would
typically have required regulatory permitting to have been initiated.
- Dist ,:nom �° �:: ,:nom 'travel between
,,
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,:nom ,:nom ,:nom ,:nom ,:nom
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n ti
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pnw' - pnw' - pnw' d sv pnw' - - d�" - - - _ -
� a i
i
.ay -• :a - o l < R�.:a P r R�.:a sup u� - - R�.:a ix
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Requirement 1: Smart Location
Pre - project connectivity may be met when the proposed project is located so that 25 of the
project boundary is adjacent to a previously developed property and connectivity of the site
and adjacent land is at least ninety (90) intersections /square mile as measured within a -mile
distance of a continuous segment of the project boundary. Locate and /or design the project
such that a through street and /or nonmotorized right -of -way intersects the project boundary at
least every 800 feet, connecting with an existing street and /or right -of -way outside the project.
(4/6/10)
Existing or planned adequate transit service: At least 50 of dwelling units and business
entrances within the project must be located within mile walk distance of existing or planned
bus transit stops. �d Iti � � ti � � d � ti � ti 1 that t has ti n
p � � n�n� �` �
,:nom ,:nom
i µ iµ E - eF E E6 eF E , �6 -. tr 6 -. E iµ - F �6 -. .
ui W e.. *Ie+f Wn 'p J ,J ry p l c 4! *Ie+f W xu' xu' - 4!m' 4! u u 4! W *Ie+f W xu' HI e s ua. u Wn e xu' €�
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Location of project near existing neighborhood shops, services, and facilities: The project
boundary must be within mile walk distance of at least five (5) or within mile walk distance
of at least seven (7), of the diverse uses in the Diversity of Uses List in Section 53.6 of the
Ordinance. Uses must include at least one use from each of the three diverse use categories
with the following limitations: a) uses may not be counted in two categories, e.g. a school or
place of worship may be counted only once even if it also contains a daycare facility; b) a mixed
use building containing several uses as distinctly operated enterprises with separate exterior
entrances may count each as a separate use, but no more than half of the minimum number of
diverse uses can be situated in a single building or under a common roof; c) a single retail store
of any type may only be counted once even if it sells products associated with multiple use
types.
Requirement 3: Significant Species and Ecological Communities
The Natural Area Inventory for New Hanover County shall be found on the New Hanover
County Planning Department's website. The Inventory was designed to identify the highest
quality natural areas and natural communities in New Hanover County. Only Significant species
are determined to be regulated under this requirement.
Requirement 4: Wetland and Water Body Conservation and Preservation
Long -term management plan —This plan must manage the identified resource for at least ten
(10) years and include biological objectives consistent with habitat and /or water resource
conservation. The plan should identify the following: a) procedures for maintaining the
conservation areas and personnel to carry out those procedures, and b) estimated
implementation costs and funding sources.
Requirement 6: Stormwater Management
The New Hanover County -City of Wilmington Joint Low Impact Development Manual shall be
downloaded from the New Hanover County Planning website. In order to meet this
requirement, a determination that the project is in fact a Low Impact Development project,
must be made by the County's Technical Review Committee (TRC). Representatives from the
project are encouraged to meet with County Planning and Engineering staff prior to submittal
of the project to the County's TRC.
Additional Requirement 2: Bicycle and Pedestrian Access
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Bicycle Storage for Multifamily Residential: In order to meet this requirement, the project
must provide secure bicycle racks on -site with at least one bicycle space per ten (10) dwelling
units and no fewer than four (4) spaces per project site.
Bicycle Storage for Retail: The project must provide secure visitor, customer and /or employee
bicycle racks on site, with at least one bicycle space per 5,000 square feet of retail space, but no
fewer than one bicycle space per business or four bicycle spaces per project site, whichever is
greater.
Bicycle Storage for Commercial Non - Retail: The project must provide secure employee and /or
visitor bicycle racks on -site with at least one bicycle space per 10,000 square feet of commercial
non - retail space but not fewer than four bicycle spaces per building.
Additional Requirement 5: Certified Green Building
Building certification must be completed by the applicable program's third party certification
program (i.e.: NAHB Green Building Certification must be conducted through the local NAHB
certification program).
Additional Requirement 6: Minimum Building Energy Efficiency
For non - residential or mixed -use buildings, projects may document their building energy
efficiency by producing a LEED for New Construction energy model demonstrated by a whole
building project simulation using the Building Performance Rating Method in Appendix G of
ANSI /ASHRAE /IESNA Standard 90.1 -2007.
For multifamily residential buildings, projects may demonstrate compliance with Energy Star
criteria either through the prescriptive requirements of a Builder Option Package, Home Energy
Rating System (HERS) index, or a combination of the two. Energy Star certification is to be
conducted by a 3 rd party verification process.
Additional Requirement 11: Affordable Housing
For rental units, affordability must be priced for households earning „ of the area
median income (AMI). Rental limits are calculated annually based on the HUD Standard Income
and Rent Limits table. For sale units, affordability will be based on sale price limits established
by the North Carolina Housing Finance Agency First -Time Home Buyer Mortgage and
Downpayment Assistance Program.(4 /6/10)
ACTION NEEDED:
Approve the amendments as presented
Modify the amendments.
Deny the amendments.
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