Agenda 2007 12-03
AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
WilLIAM A. CASTER. CHAIRMAN. ROBERT G. GREER. VICE-CHAIRMAN
TED DAVIS. JR.. COMMISSIONER. WilLIAM A. KOPP, JR.. COMMISSIONER. NANCY H. PRITCHETT. COMMISSIONER
BRUCE T. SHELL. COUNTY MANAGER' WANDA COPLEY. COUNTY ATTORNEY' SHEILA SCHULT. CLERK TO THE BOARD
December 3, 2007 5:30 p.m.
Meeting Called to Order. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... Chairman William A. Caster
Invocation...................................................... The Rev. Daniel L. Warnes, Lutheran Church of Reconciliation
Pledge of Allegiance. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..Commissioner Nancy H. Pritchett
Election of Chairman and Vice-Chairman................................... ...Wanda M. Copley, County Attorney Presiding
Meeting of Water and Sewer District
Election of Chairman and Vice-Chairman................................... . Wanda M. Copley, County Attorney Presiding
Approval of Consent Agenda
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
5:50 p.m. 1.1 Public Hearing 23
Rezoning Request (Z-874, 11/07) - Request by Lois Blackledge to Rezone
Approximately .21 Acres Located at 6520 Carolina Beach Road in the
Transition Land Classification from B-2 Highway Business District to R-15
Residential District
6:00 p.m. 1.2 Public Hearing 31
Rezoning Request (Z-875, 11/07) - Request by Withers and Ravenel to
Rezone 1.03 Acres Located at 304/308/310 Judges Road in the Urban Land
Classification from R-15 Residential District to 1-1 Industrial District
6:10p.m. 1.3 Public Hearing 41
Text Amendment (A-365, 9/07) - Request by Staff to Amend Sections 59.7-
4(7)(b) and 59.7-6(1) Clarifying Language Relating to Conditional Use
Districts that Fail to Proceed in a Timely Manner or Where Legal
Nullifications Apply
6:25 p.m. 1.4 Public Hearing 45
Land Use Plan Amendment (LUP-12) - Request by Staff to Amend the 2006
CAMA Land Use Plan to Allow Density Exceptions for Riverfront Mixed Use
Projects within the Conservation Land Classification
6:45 p.m. 1.5 Public Hearing 51
Street Naming (SN -104, 11/07) - Request by Planning Staff to Name an
Unnamed Road to Ruby Lane and Assign New Mailing Addresses Located
Near the 1700 Block of Rockhill Road, North Side
6:55 p.m. 1.6 Public Hearing 55
Street Naming (SN-l05, 11/07) - Request by Biltmark Builders to Name a
New Service Road to Wickendon Lane Located Near the 3500 Block and
Running Parallel to North College Road, East Side
7:05 p.m. 1.7 Public Hearing 59
Street Renaming SN -106, 11107 - Request by Planning Staffto Rename
Baileywick Lane to Bailey Harbor Lane Located Near the 7400 Block of
Dunbar Road, North Side
7: 15 p.m. Break
7:25 p.m. 2. Meeting of the Water and Sewer District 63
7:45 p.m. 3. Non-Agenda Items (limit three minutes)
7:50 p.m. 4. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
8:00 p.m. 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.
2
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
7:25 p.m. 1. Non-Agenda Items (limit three minutes)
7:30 p.m. 2. Approval of Minutes 65
7:35 p.m. 3. Consideration of Approval ofthe Pump Station #77 (Westwood) Force Main 67
Improvements Capital Project and Adoption of Ordinance for Budget
Amendment 2008-61
3
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4
CONSENT AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ITEMS OF BUSINESS Page
No.
1. Approval of Minutes 7
2. Approval of Public Official Bonds 9
3. Acceptance of a 2007 Department of Homeland Security (DHS) Grant A ward 11
in the Amount of $64,453.50 and Adoption of Ordinance for Budget Amendment
08-099
4. Adoption of Ordinance for Budget Amendments: 17
08-098 Department of Aging
08-101 Department of Aging
5
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6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 12/03/07
Consent Item #: 1 Estimated Time: Page Number:
Department: Governing Body Presenter: Chairman Caster
Contact: Sheila Schult
Item Does Not Require Review
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Board of Equalization and Review meetings held on November 9 and 16, 2007
Regular Session meeting held on November 19, 2007
Work Session meetings held on November 15 and 19, 2007
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
7
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8
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 12/03/07
Consent Item #: 2 Estimated Time: Page Number:
Department: County Attorney Presenter: Kemp Burpeau, Deputy County Attorney
Contact: Kemp Burpeau, Deputy County Attorney
SUBJECT:
Approval of Public Official Bonds
BRIEF SUMMARY:
Pursuant to General Statute 58-72-20, the Board is to annually review the surety bond coverage for the Finance Officer,
Sheriff, Register of Deeds and Tax Collector. Staff has verified that adequate coverage is in full force and effect.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Enact bond approval resolution.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation:
ATTACHMENTS:
~
,...''''
. --
BOND Public office. doc
REVIEWED BY:
LEGAL: FINANCE: BUDGET: N/A HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
9
STATE OF NORTH CAROLINA
NEW HANOVER COUNTY BOND APPROVAL
WHEREAS, pursuant to Chapter 58 of the North Carolina General Statutes, the
Board of County Commissioners conducts an annual review of public official bonds;
WHEREAS, said bonds have been reviewed by the County Attorney and found
to be in full force and to be in proper format.
NOW, THEREFORE, the Board of County Commissioners does hereby approve
the Surety Bond for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector.
This designation of approval is hereby incorporated within the respective bond as if set
out in its entirety on the face thereof.
This the 3rd day of December, 2007.
NEW HANOVER COUNTY
(SEAL)
Chairman
Board of County Commissioners
ATTEST:
Clerk to the Board
10
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 12/03/07
Consent Item #: 3 Estimated Time: Page Number:
Department: Sheriff's Office Presenter: Sidney A. Causey, Sheriff
Contact: Sidney A. Causey, Sheriff
SUBJECT:
Acceptance of 2007 Department of Homeland Security (DHS) Grant Award in the Amount of $64,453.50
BRIEF SUMMARY:
The Sheriff received notification that as part of the planned State effort to enhance the response and mitigation of
improvised explosive devices, his jurisdiction has been selected to receive 2007 funding from the Department of Homeland
Security (DHS) grant program. The total federal funds recommended for the Sheriff's Office Explosives Ordnance Disposal
(EOD) Unit is $64,453.50 for equipment.
The North Carolina State Bureau of Investigation (SBI) is the overall program management agency for this project and, as
such, is available to execute its implementation on behalf of the Sheriff's Office, if the Sheriff so desires. The Sheriff is in
agreement for the SBI to purchase equipment on behalf of his agency.
There is no local match requirement.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Accept the grant, execute the SBI agreement for equipment purchase, and adopt the ordinance for budget amendment 08-
099.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: $64,453.50 Federal
ATTACHMENTS:
~
08-099 1 1 -1 5-07. doc
Grant Award Letter
Agreement for equipment purchase by the SBI
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
11
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
12
. .
. .
North Carolina Department of Crime Control and Public Safety
4701 Mail Service Center. Raleigh, NC 27699-4701
Michael F. Easley Bryan E. Beatty
Governor Secretary
November 5, 2007
The Honorable Sidney A. Causey
New Hanover County Sheriff's Office
3950 Juvenile Center Road
Castle Hayne, NC 28429
Dear Sheriff Causey:
As the State Administrative Agent (SAA) for Homeland Security, I am pleased to inform
you that North Carolina's investment justification for the enhancement of law enforcement's
response to and mitigation of improvised explosive devices has been selected to receive
funding under the Department of Homeland Security (DHS) FY 2007 grant program. As part of
the planned State effort to enhance the response and mitigation of improvised explosive
devices, your jurisdiction has been selected to receive funding for FY 2007. The total amount of
federal funds recommended for your project is $64,453.50.
The North Carolina State Bureau of Investigation is the overall program management
agency for this project and, as such, is available to execute its implementation on behalf of your
agency, if you so desire. In order to request that the North Carolina State Bureau of
Investigation manage the project for you, please sign the enclosed letter and return it to H.
Douglas Hoell, Jr., Director, N.C. Division of Emergency Management, 4713 Mail Service
Center, Raleigh, NC 27699-4713.
If you have questions, or need further assistance, please contact John Yarboro,
Homeland Security Branch Chief, Division of Emergency Management, at (919 )715-8000 ext.
340.
Sincerely,
~,~~
Bryan E. Beatty
Secretary
BEB:vd
Enclosure
Location: 512 N. Salisbury Street. Raleigh, NC 27603-1159' (919) 733-2126
An Equal Opportunity/Affirmative Action Employer
13
November 5,2007
H. Douglas Hoell, Jr., Director
N.C. Division of Emergency Management
4713 Mail Service Center
Raleigh, NC 27699-4713
RE: FY 2007 Homeland Security Grant Program
Grant for Enhancement of Law Enforcement Response to and Mitigation of
Improvised Explosive Devices
Dear Director Hoell:
As the duly authorized representative of the Cit~genCy of New Hanover
, I request the North Carolina State Bureau
of Investigation purchase equipment on our behalf and in the amount of $64,453.50 .
We agree to allow the funds to be retained by the State of North Carolina for making the
purchase on our behalf.
Thank you for your assistance in this matter.
Sincerely,
Title County Manager
Date December 3, 2007
cc: John Yarboro, Homeland Security Branch Chief, NCEM
14
AGENDA: December 3, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-099
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-099 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriff/Uniform Patrol
Exnenditure: Decrease Increase
Sheriff/Uniform Patrol:
Supplies $64,454
Total $64,454
Revenue: Decrease Increase
Sheriff/Uniform Patrol:
Department of Homeland Security Grant $64,454
Total $64,454
Section 2: Explanation
To budget a 2007 grant award from the Department of Homeland Security (DHS) for purchase of
equipment as part of the planned state effort to enhance the response and mitigation of improvised
explosive devices. There is no local match requirement.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-099 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
15
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16
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 12/03/07
Consent Item #: 4 Estimated Time: Page Number:
Department: Budget Presenter: Cam Griffin
Contact: Cam Griffin
SUBJECT:
Adoption of Ordinance for Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2008:
08-098 - Department of Aging
08-101 - Department of Aging
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of ordinance for the budget amendments listed in the summary above.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation: To amend the annual budget ordinance for the fiscal year ending June 30, 2008.
ATTACHMENTS:
~ ~
08-0'38 1 1 -1 5-07. doc 08-10ll1-16-07.doc
REVIEWED BY:
LEGAL: FINANCE: BUDGET: HUMAN RESOURCES:
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
17
AGENDA: December 3, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-098
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-098 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Aging/Aging - Medicare Transition Program
Exnenditure: Decrease Increase
Aging - Medicare Transition Program:
Salaries and Wages $ 5,780
Social Security Taxes 442
Postage Expense 500
Printing 1,678
Supplies 300
Training and Travel 300
Volunteer Recognition 1,000
Total $10,000
Revenue: Decrease Increase
Aging - Medicare Transition Program:
SHIIP Grant $10,000
Total $10.000
Section 2: Explanation
To budget funds awarded by the NC Department of Insurance Senior Health Insurance Information
Program (SHIIP) to support the existing Prescription Assistance Program from 10/1/2007 until 6/30/2008.
The grant application was approved by the Board of County Commissioners on 10/1/2007.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 08-098 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
18
AGENDA: December 3, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-101
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-101 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: AginglNutrition - Home Delivered Meals
Exnenditure: Decrease Increase
Aging/Nutrition - Home Delivered Meals:
Training and Travel $1,200
Volunteers' Mileage Expense 11,560
Total $12,760
Revenue: Decrease Increase
Aging/Nutrition - Home Delivered Meals:
Home and Community Care Block Grant $12,760
Total $12,760
Section 2: Explanation
To budget additional state and one-time Federal Title III funds received for the Home and Community Care
Block Grant (HCCBG). There is a required $1,418 match. However, funds to cover this match were
included in the FY 07-08 Adopted budget. No additional funds will be 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 08-101 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Caster, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
19
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20
REGULAR AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
5:50 p.m. 1.1 Public Hearing 23
Rezoning Request (Z-874, 11107) - Request by Lois Blackledge to Rezone
Approximately .21 Acres Located at 6520 Carolina Beach Road in the
Transition Land Classification from B-2 Highway Business District to R-15
Residential District
6:00 p.m. 1.2 Public Hearing 31
Rezoning Request (Z-875, 11107) - Request by Withers and Ravenel to
Rezone 1.03 Acres Located at 304/308/310 Judges Road in the Urban Land
Classification from R-15 Residential District to 1-1 Industrial District
6:10p.m. 1.3 Public Hearing 41
Text Amendment (A-365, 9/07) - Request by Staff to Amend Sections 59.7-
4(7)(b) and 59.7-6(1) Clarifying Language Relating to Conditional Use
Districts that Fail to Proceed in a Timely Manner or Where Legal
Nullifications Apply
6:25 p.m. 1.4 Public Hearing 45
Land Use Plan Amendment (LUP-12) - Request by Staff to Amend the 2006
CAMA Land Use Plan to Allow Density Exceptions for Riverfront Mixed Use
Projects within the Conservation Land Classification
6:45 p.m. 1.5 Public Hearing 51
Street Naming (SN -104, 11107) - Request by Planning Staff to Name an
Unnamed Road to Ruby Lane and Assign New Mailing Addresses Located
Near the 1700 Block of Rockhill Road, North Side
6:55 p.m. 1.6 Public Hearing 55
Street Naming (SN-I05, 11107) - Request by Biltmark Builders to Name a
New Service Road to Wickendon Lane Located Near the 3500 Block and
Running Parallel to North College Road, East Side
7:05 p.m. 1.7 Public Hearing 59
Street Renaming SN -106, 11107 - Request by Planning Staffto Rename
Baileywick Lane to Bailey Harbor Lane Located Near the 7400 Block of
Dunbar Road, North Side
7: 15 p.m. Break
7:25 p.m. 2. Meeting of the Water and Sewer District 63
7:45 p.m. 3. Non-Agenda Items (limit three minutes)
7:50 p.m. 4. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
8:00 p.m. ADJOURN
21
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22
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 12/03/07
Regular Item #: 1.1 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Public Hearing
Rezoning Request (Z-874, 11/07) - Request by Lois Blackledge to Rezone Approximately .21 Acres Located at 6520
Carolina Beach Road in the Transition Land Classification from B-2 Highway Business District to R-15 Residential
District
BRIEF SUMMARY:
At its November 1, 2007 meeting, the Planning Board voted unanimously to recommend approval of this request. Two
neighbors spoke in favor of the change.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve or deny the petition.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
Z-874~ 1 1-07-Staff Summary,doc Z-874, 1 1-07-Pelilion Summary,doc
adjacent property map, applicant materials and survey
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
23
CASE: Z-874, 11/07;
PETITIONER: Lois Blackledge
REQUEST: From B-2 Highway Business District to R-15
Residential District
ACREAGE: Approximately 0.21 Acres
LOCATION: 6520 Carolina Beach Road.
LAND CLASS: Transition
PLANNING BOARD ACTION: At its November 1,2008 meeting, the Planning Board
voted unanimously to recommend approval of this request. Two neighbors spoke in favor of
the change.
STAFF SUMMARY
The subject property is located in the southern portion of the county in an area classified
as Transition on the 2006 CAMA Land Classification map. The property is accessed from
Carolina Beach Rd. which is a principal arterial road according to the Wilmington Urban
Area 2030 Long Range Transportation Plan. Level of service has been rated D along this
segment, meaning high density traffic is moving at a stable flow. The roadway is divided
by a grassed median, and a median cut is available just to the north of the subject parcel.
Traffic counts in this area increased only about 2% between 2003 and 2005.
The subject property was historically used for commercial purposes and is at the
southernmost point of a small commercial node near the intersection of Carolina Beach
Road and Halyburton Memorial Parkway. A dilapidated structure was recently removed
from the property. Several of the commercial lots south of Halyburton Memorial
Parkway have been divided among multiple heirs ofthe original owner. The heir to this
parcel desires to transition the property to residential use, consistent with adjacent
property to the south and elsewhere in the surrounding area which is currently zoned R-
15, including individual parcels and subdivisions such as Heritage Woods, Sago Bay and
Laurel Ridge. North of this property is zoned B-2 with a dilapidated structure on the
adjacent property and various commercial uses on the properties further north. Across
Carolina Beach Road is additional R-15 residential property.
The subject property is located within the Lords Creek watershed drainage area which is
classified C(SW). The property is not within the 100 year flood zone. Soils are primarily
class III Leon soils with severe limitations for septic systems.
Land Use Plan Considerations:
This rezoning petition proposes a change from high intensity commercial use to R-15
Residential use. Adjoining property to the north has a dilapidated structure not suited for
11/20/2007 Page 1 of2 Z-874
24
use. Properties further north are still utilized for commercial purposes, but property to the
south is residential.
The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition Class as
providing for "continued intensive urban development on lands that have been or will be
provided with necessary urban services.
The transition to residential use would appear to be consistent with the land use and the
current zoning pattern. Therefore, staff recommends approval of the rezoning to R-15
residential.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether the action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public
interest."
EXAMPLE:
The County Commissioners find that this request for zoning map amendment of. acres from B-2
Highway Business to R-15 Residential District is (or is not):
1. Consistent with the purposes and intent of the Transition land classification and the
associated land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to allow transition of 0.21 acres of commercial
property to R-15 residential district in this location.
11/20/2007 Page 2 of2 Z-874
25
Case: Z-874, 11/07
Rezone from B-2 to R-15
6520 Carolina Beach Rd.
Petition Summary Data
Owner/Petitioner: Lois Blackledge
Existing Land Use: abandoned commercial
Zoning History: Area 4 (April 7, 1971)
Land Classification: Transition
Water Type: Private
Sewer Type: Private
Recreation Area: Veteran's Park
Access & Traffic Volume: Carolina Beach Rd. ADT 26,604 (4/05) vs. ADT
26,000 (2003) +2%; LOS-D
Fire District: Myrtle Grove Volunteer Fire Department
Watershed & Water Quality Classification: Lords Creek, C;SW
Aquifer Recharge Area: Shallow water table sand aquifer and underlying artesian
containing fresh water over salty
ConservationlHistoric/ Archaeological Resources: None
Soils: Le-Leon; Kr-Kureb sand
Septic Suitability: Class III- Severe Limitations and Class I-Suitable
Schools: Bellamy Elementary
26
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.
APPLICANT MATERIALS
,
28
WHAT YOU MUST ESTABLISH
FOR A CHANGE OF ZONING
Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The
North CarolinaCIeneraI Statutes require that zoning regulations shall be made in accordance with a comprehensive plan.
Tbe governing board is required to adopt statements tbat tbe cbange is or is not consistent, reasonable, and in the
public's interest. Since amendments to zoning maps should also be based on a Land Use Plan, you must explain how your
request satisfies each of the following requirements: (Fill in Below or attach additional pages).
1. How would the requ~ted change be consistent ~ith the COtty's Policies for Grqwth andnev~lop~ent~
1':\ lIiLW I-tb lND uJcI k",. u-dr JPJ . rhJL J:l'COfl!,l{fJ,
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2. How would the requested zone change be consistent with the propertY's classification on the Land Classification
Map? Thk'- A 54 h 5, K~ i do..tJ-tJitJ AN ~ C.D (YjJi)J.i:RcJfr)
P R.b r~/C.tj P; A D ~N d i,+ NIJlV", Ih cK(L v.J Jt5 h l><J ?
oN -rh-Q fj2./)fGlAfy S;Df\ mfrNj j
3. What significantndghborbood cbanges have occurred to make the original zoning inappropriate, or ho)\' is the land
involved unsuitable for tbe uses permitted under the existing zo~g? , , f- d ~ 1 fh
1l1<G"-~ vy D~ '\d b~ ;Yb 51j /\() v~ L/Jd .. .4ftj ~ J/v. b
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th~t :4"CR-Ft
. 4. How will this change of zoning serve the public interest? c.l..Q ltlZ 'Dr /) v L/(<11tv vJN . l:>lJ ::>h1l.5
'rh~ AKa {} WItt!} d h4.
P; ;/Lf.,t.) hDYnZ
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ANd 4-\ .
In signi.ng this petition, I understand tbat tbe existing zoning map is preswned to be correct and that Ibave tbe
Durdeu of proving wby a cbangeis in tbe public interest. lfurther understand the singling out of one parcel of land for
ipecial zoning treatlllent unrelated to Couuty policies and tbesUrrouuding neighborhood would probably be illegal. I
~ertify tbattbis ll(lplication is complete and tbatllU information presented in tbis application is accurate to tbe best of
lilY knolVledge, information, and belief.
jO/:5 1f)J4 #~ J( J t
.JC\le~5e:~
Print Name
Page 2 of2
ZMA-07/07
29
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30
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 12/03/07
Regular Item #: 1.2 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Public Hearing
Rezoning Request (Z-875, 11/07) - Request by Withers and Ravenel to Rezone 1.03 Acres Located at 304/308/310
Judges Road in the Urban Land Classification from R-15 Residential District to 1-1 Industrial District
BRIEF SUMMARY:
At its November 1, 2007 meeting the Planning Board voted unanimously to recommend approval of this request. No one
from the public spoke on this item.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve or deny the petition.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~ ~
Z-875~ 1 1.07.Staff Summary,doc Z.875, 1 1.07.Pelilion Summary,doc
adjacent property map, applicant materials (responses to questions and 3 maps)
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
31
CASE: Z-875, 11/07;
PETITIONER: Withers & Ravanel for Stephen & Della Conway
REQUEST: From R-15 Residential District to 1-1 Light Industrial
ACREAGE: Approximately 1.03 Acres
LOCATION: 304,308 & 310 Judges Road
LAND CLASS: Urban
PLANNING BOARD ACTION: At its November 1, 2007 meeting the Planning Board voted
unanimously to recommend approval of this request. No one from the public spoke on this
item.
STAFF SUMMARY
The subject property is located in the central portion of the county in an area classified as
Urban on the 2006 CAMA Land Classification map. The property is accessed from
Judges Road, a local street intersecting with Market Street, which is a principal arterial
road according to the Wilmington Urban Area 2030 Long Range Transportation Plan.
Level of service has not been rated on Judges Road. LOS has been rated F along this
segment of Market Street, meaning traffic exceeds the design capacity. Traffic counts in
this area decreased about 10% between 2005 and 2006.
The subject property is used for residential purposes but is largely surrounded by
property zoned for industrial use. Adjacent to the north and east is zoned 1-1 light
industrial but is currently either undeveloped or residential. To the south is zoned 1-1 and
is developed with the Judges Road Business Park. To the west, three additional parcels
are zoned R-15 and used for residential purposes. The area then transitions into R-IO in
Wildflower Subdivision.
The subject property is located within the Smith Creek watershed drainage area which is
classified C(SW) and is on the 303(d) list of impaired waters. The property is not within
the 100 year flood zone. Soils are primarily class II Seagate fine sand with only moderate
limitations for septic systems. Public water and sewer are available in the area.
Land Use Plan Considerations:
This rezoning petition proposes a change from moderate density R-15 Residential use to
a more intensive industrial classification.
The 2006 Update of the Joint CAMA Plan describes the purpose of the Urban class as providing
for continued intensive development and redevelopment of existing urban areas.
11/20/2007 Page I of2 2-875
32
The transition from residential use to light industrial would appear to be consistent with
the adjacent zoning and the land classification. Therefore, staff recommends approval of
the rezoning from R-15 Residential to 1-1 light industrial.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether the action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public
interest."
EXAMPLE:
The County Commissioners find that this request for zoning map amendment of 1.03 acres from
R-15 Residential District to 1-1 Industrial District is (or is not):
1. Consistent with the purposes and intent of the Urban land classification and the
associated land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to allow transition of residential acreage
adjacent to existing Industrial land in this location.
11/20/2007 Page 2 of2 Z-875
33
Case: Z-875, 11/07
Rezone from R-15 to I-I
304,308,310 Judges Rd.
Petition Summary Data
Owner/Petitioner: Withers & Ravanel for Stephen & Della Conway
Existing Land Use: Residential
Zoning History: Area 6 (August 18, 1971)
Land Classification: Urban
Water Type: Public
Sewer Type: Public
Recreation Area: Ogden Park
Access & Traffic Volume: Judges Rd. (no counts) to Market St. ADT
46,798(10/06) vs ADT 52,231 (8/05) -10%; LOS F
Fire District: Ogden VFD
Watershed & Water Quality Classification: Smith Creek, C;SW; 303(d) list
impaired
Aquifer Recharge Area: Primary Recharge for Castle Hayne and PeeDee Aquifers
ConservationlHistoric/ Archaeological Resources: None
Soils: Se-Seagate fine sand
Septic Suitability: Class II- Moderate Limitations
Schools: Blount Elementary
Other: Airport Conical Zone
34
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APPLICANT MATERIALS
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36
WHAT YOU MUST ESTABLISH
FOR A CHANGE OF ZONING
Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The
North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan.
The governing board is required to adopt statements that the change is or is not consistent, reasonable, and in the
public's interest. Since amendments to zoning maps should also be based on a Land Use Plan, you must explain how your
request satisfies each of the following requirements: (Fill in Below or attach additional pages).
1. How would the requested change be consistent with the County's Policies for Growth and Development?
Policies for growth encourage continued efforts to attract and retain businesses. The proposed rezoning.
would be an expansion of an existing large industrial district.
2. How would the requested zone change be consistent with the property's classification on the Land Classification
Map?
The proposed rezoning area is located on the CAMA Plan in an "Urban" land classification. The purpose of
that class is to provide for continued intensive development and re-development.
3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land
involved unsuitable for the uses permitted under the existing zoning?
Many of the tracts along the northern boundary of Market Street (U.S. Hwy. 17), have been zoned for
industrial-type uses. The proposed new zoning district boundary would be include properties that are
surrounded on three (3) sides by current industrial zoning.
4. How will this change of zoning serve the public interest?
Infilling commercial uses, where similar uses already exist, and where services are already available, is an
acceptable means of curbing urban sprawl.
In signing this petition, I understand that the existing zoning map is presumed to be correct and that I bave the
burden of proving why a change is in the public interest. I further understand the singling out of one parcel of land for
special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal. I
certify that this application is complete and that all information presented in this application is accurate to the best of
my knowledge, information, and belief.
~,,~ €~ ~\N11 C\"'~\Jl>~
Print Name
Page 2 of2
ZMA-07/07
37
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 12/03/07
Regular Item #: 1.3 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Public Hearing
Text Amendment (A-365, 9/07) - Request by Staff to Amend Sections 59.7-4(7)(b) and 59.7-6(1) Clarifying Language
Relating to Conditional Use Districts that Fail to Proceed in a Timely Manner or Where Legal Nullifications Apply
BRIEF SUMMARY:
The process by which the Planning Department reverts a conditional zoning action when building or occupancy has not
progressed has been called into question. When the Legal Department researched the matter, the UNC School of
Government advised that the change should happen in the same manner as it was originally approved, i.e. through the
Planning Board and Commissioners with a public hearing. Therefore, we need to clarify our ordinance to assure that our
actions are appropriate. At its November 1, 2007 meeting the Planning Board voted unanimously to recommend the
amendment as presented. No one from the public spoke on this item.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve, modify, or deny the text amendment.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
A-365 TEXT AMENDMENT - CD Section. doc
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved as adopted by staff and the Planning Board 4-1, Commissioner Davis voting in opposition.
41
CASE: A-365 Applicant: Staff
REQUEST: Text Amendment - Section 59.7-6(1) Failure to Proceed in a
Timely Manner (and other sections of 59.7 as applicable)
PLANNING BOARD ACTION: At its November 1,2007 meeting the Planning Board
voted unanimously to recommend the amendment as presented. No one from the public
spoke on this item.
BACKGROUND:
The process by which we revert a conditional zoning action when building or occupancy has
not been established has been called into question. When the Legal Department researched the
matter, the UNC School of Government advised that the changed should happen in the same
manner as it was originally approved, i.e. through the Planning Board and Commissioners with
a public hearing. Therefore, we need to clarify our ordinance to assure that our actions are
appropriate.
Currently Section 59.7 states:
59.7-4: Approval Process
(7) Effect of Approval
(a) If the petition/application is approved, establishing the
Conditional Use District, all conditions attached thereto by the
companion Special Use Permit shall be binding on the tract
included in the Conditional Use District and all subsequent
development and use of the tract shall be in accordance with the
approved plan and conditions. No building permit shall be issued
for any development within a Conditional Use District except in
accordance with an approved Special Use Permit.
(b) If any condition imposed under the companion Special Use
Permit is found to be illegal, the approval of both the Special Use
Permit and the Conditional Use District shall be null and void, and
the tract shall be rezoned.
Recommendation: (b) If any condition imposed under the
companion Special Use Permit is found to be illegal, the approval
of both the Special Use Permit and the Conditional Use District
shall be null and void, and the tract shall be rezoned in accordance
with the process for maD amendment outlined in Section 112.
59.7-5: Alterations to Approved Conditional Use Districts
(I) Minor changes to an approved Conditional Use District or its
companion Special Use Permit shall be considered in the same manner
11120/2007 Page I of 3 A-365
42
as that used for Special Use Permits as set forth in Section 71-1(9) of
the Zoning Ordinance.
(2) Any request for a change to an approved Conditional Use District that
does not qualify as a minor change under the provisions of Section 71-
1 (9) of the Zoning Ordinance shall be submitted as a new Conditional
Use District.
59.7-6: Enforcement
(I) Failure to Proceed in a Timely Manner - If, within twenty-four (24)
months from the date of approval of the Conditional Use District, no
building permit has been issued for subject tract, the Planning
Department shall initiate action to simultaneously revoke the Special
Use Permit and rezone the Conditional Use District to its classification
prior to approval. (1.0/7/91)
Recommendatiot/:( 1 ) Failure to Proceed in a Timely Manner - If within 24
months from the date of approval of the Conditional Use District, no
building permit has been issued for the subject tract, the Planning
Depal1ment shall initiate action may schedule a hearim! for the
Plannin2 Board to consider proe:ress made. If it is determined that
active efforts are not proceeding, the Plan nine: Board may send
forward a recommendation to the County Commissioners to
simultaneously revoke the Special Use Permit and rezone the Conditional
Use District to its classification prior to approval.
(2) Failure to Comply
(a) The Inspections Director shall enforce the Conditions and
Requirements specified for each Conditional Use District and its
companion Special Use Permit following the provisions of Articles
X and XIII of the Zoning Ordinance.
(b) If a violation of a condition or requirement is not corrected
within a reasonable time period, the Inspections Director shall also
refer the matter to the Planning Department for initiation of
proceedings to simultaneously revoke the Special Use Permit and
rezone the Conditional Use District to its classification prior to
approval.
Recommendation: (b) If a violation of a condition or requirement is
not conected within a reasonable time period, the Inspections
Director shall also refer the matter to the Planning Department for
initiation of proceedings to simultaneously revoke the Special Use
Permit and rezone the Conditional Use District to its classification
prior to approval in accordance with the process outlined for map
amendment in Section 112.
11/20/2007 Page 2 of 3 A-365
43
ACTION REOUlRED:
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 tbe action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public
interest."
EXAMPLE:
The County Commissioners find that this request for zoning text amendment as presented herein
is (or is not):
1. Consistent with the purposes and intent of land use policies adopted in the 2006 land
use plan;
2. Reasonable and in the public interest to establish a procedure for acting on
conditional approvals that fail to initiate in a timely manner.
11/2012007 Page 3 of 3 A-365
44
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 12/03/07
Regular Item #: 1.4 Estimated Time: Page Number:
Department: Planning Presenter: Chris O'Keefe
Contact: Chris O'Keefe
Item Does Not Require Review
SUBJECT:
Public Hearing
Land Use Plan Amendment (LUP-12) - Request by Staff to Amend the 2006 CAMA Land Use Plan to Allow Density
Exceptions for Riverfront Mixed Use Projects within the Conservation Land Classification
BRIEF SUMMARY:
Land Use Plan Amendment - Amend Land Use Plan Policy 3.12 and Policy 21.2 and Section III, Land Classification, to
accommodate the County's new Riverfront Mixed Use Zoning District. At its November 1, 2007 meeting, the Planning
Board voted 5-1 (Hayes) to recommend approval of this land use plan amendment. Cape Fear Riverkeeper, Doug
Springer, expressed concern about allowing impervious area to exceed 25% in the Conservation Land Classification.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may concur with these recommended amendments, recommend minor changes, or object to
the proposal.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
,...''''
. --
LUP-12 AMENDMENT,doc
map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved and instructed Planning Board and staff to look at removing the state property from the Riverfront Mixed Use
District by a vote of 3-2, Commissioners Greer, Caster and Kopp voting in favor; Commissioners Davis and Pritchett voting
in opposition.
45
CASE: LUP-12 Applicant: Staff
REQUEST: Land Use Plan Amendment - Amend Land use plan Policy
3.12 and Policy 21.2 and Section III, Land Classification, to accommodate the
county's new Riverfront Mixed Use zoning district
PLANNING BOARD ACTION: At its November 1, 2007 meeting, the Planning Board
voted 5-1 to recommend approval ofthis land use plan amendment. Cape Fear
Riverkeeper, Doug Springer, expressed concern about allowing impervious area to
exceed 25% in the Conservation land classification.
BACKGROUND:
In March of this year, the Commissioners adopted the Riverfront Mixed Use District as an
alternative zoning concept for development of limited areas across from the City of
Wilmington. The areas designated as eligible are almost entirely located within the tOO-year
floodplain. Those areas are classified as Conservation in the land classification section of the
plan and residential density is rigidly limited to no more than 2.5 units per acre with the only
exception being the City's National Historic District. Staff proposes to include the Riverfront
Mixed Use District as an exception so that the standards adopted in last March can be
consistent with the land use plan. Policy 3.12 would not allow for impervious area greater than
25% in the Conservation Land Class, therefore, staff recommends adjusting that policy
language. Policy 21.2 reiterates the strict density limit in Conservation Land Class, therefore,
staff recommends a reference to the section where exception is given for RFMU.
These amendments require a public hearing by the Commissioners and approval by the CRC.
In an effort to present these amendments to the Coastal Resources Commission at its January
meeting, a public hearing has been advertised for the December 3 Commissioners meeting.
STAFF RECOMMENDS:
Note: Bold underline is new language
Policy 3.12 Carefully control development and redevelopment activities
within the Watershed Resource Protection and Conservation
areas identified on the Land Classification Map to prevent the
degradation of water quality in the creeks and sounds, to
protect the public health, and to ensure the protection of these
vital natural resources by reducing nutrient, pesticide,
sediment, and other pollutants. The following standards shall
apply
a. Impervious surface coverage shall be limited to twenty-five percent (25%)
in the Watershed Resource Protection and Conservation areas.
b. Projects that conform to adopted exceptional design standards for
enhanced stormwater controls or projects developed under the Riverfront Mixed
Use District standards may exceed 25% in the Watershed Resource Protection and
Conservation areas.
c. Natural vegetative buffers shall be established to effectively filter runoff
before it enters surface waters.
11/20/2007 Page 1 of3 LUP-12
46
Policy 21.2 Limit density to 2.5 units / acre or less in conservation areas
(100 year, or 1% annual chance floodplain) as defined in Part
III. Land Classification.
Implementation Strategies for Policy 21.2
21.2.1 Continue enforcing the limit as specified.
21.2.2 Develop a program for density tradeoffs to encourage
development outside the floodplain.
LAND CLASSIFICATION MAP DESCRIPTION AND
DEFINITIONS
The land classification system is a means of assisting in the implementation of the
Comprehensive Plan policies. It allows the local government and its citizens to specify
those areas where certain policies will apply. The land classification system is intended to
be supported and complemented by zoning, subdivision and other land use management
tools. Together they provide the guidance to help realize the desired future land uses.
The land classifications for the 2005 Wilmington-New Hanover County Comprehensive
Plan Update are as follows:
Conservation
The purpose of the Conservation class is to provide for effective long-term management
and protection of significant, limited or irreplaceable natural resources while also
protecting the rights of the property owner. Management of these areas may be required
for a number of reasons, including natural, cultural, recreational, productive or scenic
values, but are primarily flood prone areas.
Lands placed in the Conservation class present challenges from a land use standpoint,
as they are often the most desirable from a development perspective and they may be, at
the same time, the most undesirable to develop from an environmental or public safety
perspective.
Lands placed in the Conservation class are generally the least desirable for development
because:
1 They are too fragile to withstand development without losing their natural value;
and/or
2 They have severe or hazardous limitations to development; and/or
3 Though they are not highly fragile or hazardous, the natural resources they
represent are too valuable to endanger by development.
In order to promote the highest and best use while preventing a negative impact on
water quality, site specific flexibility and creativity is desirable. The application of
regulations regarding issues such as density, buffers and impervious surfaces should
enhance this flexibility. The use of incentives such as density credits and performance
criteria is encouraged.
Generally, estuarine areas of environmental concern (AEC's) as defined by the State of
North Carolina and adjacent lands within the lOo-year floodplain have been classified
11/20/2007 Page 2 00 LUP-12
47
as Conservation.
Conservation areas should be preserved in their natural state. Woodland, grassland and
recreation areas not requiring filling are the most appropriate uses. Exceptions to this
standard are limited to water-dependent uses (i.e., uses that cannot function elsewhere),
shared industrial access corridors, and those exceptional development proposals which
are sensitively designed so as to effectively preserve the natural functions of the site. The
following guidelines clarify these Conservation area objectives and development of
property should be limited to the following uses:
1 Water dependent uses - may include: utility easements, docks, wharves, boat
ramps, dredging, bridge and bridge approaches, revetments, bulkheads, culverts, groins,
navigational aide, moorings, pilings, navigational channels, simple access channels and
drainage ditches. In some instances, a water-dependent use may involve coverage of
sizeable land areas with limited opportunities to integrate the use with the site's natural
features. This would require reclassification of the site. By contrast, water dependent
uses which can be designed to preserve a site's natural features may not require
reclassification. This would be the preferred type of development.
2 Shared industrial access corridors - as discussed in the U.S. Army Corps of
Engineers' The Wilmington Harbor: Plan for Improvement, would provide necessary
access to the channel of the Northeast Cape Fear River for industries located on high
ground while minimizing the adverse environmental impacts of such access.
3 Exceptional developments preserving natural features are projects which are
sensitively designed to be in harmony with the site's natural features and natural
functions, and provide a balance with the highest and best use of the property. Such
projects minimize erosion, runoff and siltation; minimize impervious surfaces impacts
and protect estuarine resources; do not interfere with access to or use of navigable
waters; do not require extraordinary public expenditures for maintenance; ensure that
ground absorption sewage systems, if used, meet applicable standards; and should be
aware of and not damage historic, architectural or archeological resources.
In no case, with the exception of the Wilmington National Register Historic District
and the Rive1front Mixed Use District, shall residential density in the
Conservation class be permitted to exceed 2.5 units per acre or greater than 25%
impervious surface coverage, regardless of the existence of public urban services.
Residential densities and impervious surface coverage may be required to be as low as
1.0 unit/acre or 15% or less respectively, depending on the environmental constraints
within a particular area. While certain Conservation areas may be served by public
sewer in order to eliminate septic system pollution, this should not be misconstrued as
an incentive to facilitate increased development density.
ACTION REQUIRED:
Concur with these recommended amendments for the December 3 hearing; recommend
minor changes; or object to the proposal.
11/2012007 Page 3 of3 LUP-12
48
49
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50
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 12/03/07
Regular Item #: 1.5 Estimated Time: Page Number:
Department: Planning Presenter: Sam Burgess
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
Public Hearing
Street Naming (SN-104, 11/07) - Request by Planning Staff to Name an Unnamed Road Ruby Lane and Assign New
Mailing Addresses Located Near the 1700 Block of Rockhill Road, North Side
BRIEF SUMMARY:
Planning staff is requesting that an unnamed road be named Ruby Lane. The road is located near the 1700 block of
Rockhill Road and contains three (3) residential homes. The improved road is approximately 580' in length and has a 50'
right-of-way. The County's Emergency 911 office has approved the neighbors' request to name the road Ruby Lane.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve or deny.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
........
. .-
SN.' 04.doc
map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
51
CASE: SN-104, 11/07
PETITIONER: New Hanover County Planning Department
REQUEST: Name an Unnamed Road to Ruby Lane
LOCATION: Near the 1700 Block of Rockhill Road, North Side
Staff Summary
Planning staff is requesting that an unnamed road be named to Ruby Lane. The road is
located near the 1700 block of Rockhill Road and contains three (3) residential homes.
The improved road is approximately 580' in length and has a 50' right-of-way. The
County's Emergency 911 office has approved the neighbors request to name the road to
Ruby Lane.
Staff Comments
Through-out the unincorporated area of the County, several short, unnamed and
unimproved roads/cart paths exist off major named roads that contain residential homes.
Years ago when major roads were provided with new mailing addresses, the short,
unnamed roads located nearby were given the same major road name and a mailing
address. With the County's enhanced Emergency 911 System reducing the amount of
response time in times of an emergency, the need has increased to identify those
unnamed roads located through-out the County and properly name and provide mailing
addresses to the residents living along the road.
Staff Recommendation
Staff recommends that the unnamed road located off Rockhill Road be named Ruby
Lane. If the name is adopted by the Board, new mailing addresses will also be assigned in
accordance with the County's addressing grid system. A new street sign will also be
erected by the County. An effected date of change is slated for March 3, 2008.
52
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54
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 12/03/07
Regular Item #: 1.6 Estimated Time: Page Number:
Department: Planning Presenter: Sam Burgess
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
Public Hearing
Street Naming (SN-1 05, 11/07) - Request by Biltmark Builders to Name a New Service Road Wickendon Lane
Located Near the 3500 Block and Running Parallel to North College Road, East Side
BRIEF SUMMARY:
Several years ago, the North Carolina Department of Transportation (NCDOT) created a service road near the overpass of
North College Road and 1-140. The purpose of the service road was to create alternative access to a 39-acre parcel
located in the southeast quadrant of the overpass. Since the creation of the service road, the 39-acre parcel has received
approval by the County (December, 2005) for a 432-unit High Density residential campus that is currently under
construction. In order to have a visible means of alternative access from North College Road, Biltmark Builders has
requested that the service road be named Wickendon Lane.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve or deny.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
........
. .-
SN.' 05.doc
2 maps
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
55
CASE: SN-I05, 11/07
PETITIONER: Biltmark Builders
REQUEST: Name an Unnamed Service Road to Wickendon Lane
LOCATION: Near the 3500 Block North College Road, East Side
Staff Summary
Several years ago, the North Carolina Department of Transportation (NCDOT) created a
service road near the Overpass of North College Road and 1-140. The purpose of the
service road was to create alternative access to a 39 acre parcel located in the southeast
quadrant of the Overpass. Since the creation of the service road, the 39 acre parcel has
received approval by the County (December, 2005) for a 432 unit High Density
residential campus that is currently under construction. In order to have a visible means
of alternative access from North College Road, Biltmark Builders has requested that the
service road be named to Wickendon Lane (see attached maps).
Staff Comments
The service road is approximately 820' in length and is improved. No residential
structures exist along the road. However, the road will provide access to New Providence
Park Apartments presently under construction. The proposed road name, Wickendon
Lane has been approved by Emergency 911.
Staff Recommendation
Staff recommends that the service road be named Wickendon Lane. The petitioner will be
responsible for erecting a new street sign.
56
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58
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 12/03/07
Regular Item #: 1.7 Estimated Time: Page Number:
Department: Planning Presenter: Sam Burgess
Contact: Sam Burgess
Item Does Not Require Review
SUBJECT:
Public Hearing
Street Renaming SN-106, 11/07 - Request by Planning Staff to Rename Baileywick Lane to Bailey Harbor Lane
Located Near the 7400 Block of Dunbar Road, North Side
BRIEF SUMMARY:
On behalf of the property owners who own property along Baileywick Lane, the Planning Department has petitioned to
rename Baileywick Lane to Bailey Harbor Lane due to a conflict with a similar street name in the City of Wilmington. The
developer for the project recorded a map with the name Baileywick Lane. After learning of the street name conflict,
Planning Staff requested the developer re-record a map with an unduplicated street name. Bailey Harbor Lane was to be
recorded on a revised map by the developer but the map was never recorded. Planning Staff is now requesting that the
road be renamed Bailey Harbor Lane.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may approve or deny.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
~
SN-' 06 with change,doc
map
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
59
CASE: SN-I06, 11/07
PETITIONER: New Hanover County Planning Department
REQUEST: Rename Baileywick Lane to Bailey Harbor Lane
LOCATION: Near 7400 Block of Dnnbar Rd (Middle Sound Community)
Staff Summary
On behalf of the property owners who own property along Baileywick Lane, the Planning
Department has petitioned to rename Baileywick Lane to Bailey Harbor Lane due to a
conflict with a similar street name in the city of Wilmington. The developer for the
project recorded a map with the name Baileywick Lane. After learning of the street name
conflict, Planning Staff requested the developer re-record a map with an unduplicated
street name. Bailey Harbor Lane was to be recorded on a revised map by the developer
but the map was never recorded. Planning Staff is now requesting that the road be
renamed to Bailey Harbor Lane.
Staff Comments
The road is located near the 7400 block of Dunbar Road, Middle Sound Community. The
improved road is approximately 780' in length from its intersection with Dunbar (see
attached map). No houses presently exist along the majority of this road but the owners
of the properties have by contacted by letter. One homeowner whose address will be
affected is still using a Dunbar Road address and is in agreement with the change. The
proposed road name has been approved by the County's E-911 office.
Staff Recommendation
Staff recommends that Baileywick Lane be renamed Bailey Harbor Lane. If the name is
adopted by the Board, a new street sign will be erected and the property owners will
receive a letter informing them of the change.
60
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61
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62
MEETING OF THE WATER AND SEWER DISTRICT
ASSEMBLY ROOM, NEW HANOVER COUNTY HISTORIC COURTHOUSE
24 NORTH THIRD STREET, ROOM 301
WILMINGTON, NC
ESTIMA TED ITEMS OF BUSINESS Page
TIMES No.
7:25 p.m. 1. Non-Agenda Items (limit three minutes)
7:30 p.m. 2. Approval of Minutes 65
7:35 p.m. 3. Consideration of Approval ofthe Pump Station #77 (Westwood) Force Main 67
Improvements Capital Project and Adoption of Ordinance for Budget
Amendment 2008-61
63
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64
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 12/03/07
Water & Sewer Item #: 2 Estimated Time: Page Number:
Department: Governing Body Presenter: Chairman Caster
Contact: Sheila Schult
Item Does Not Require Review
SUBJECT:
Water and Sewer District - Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the Water and Sewer District Regular Session meeting held on November 19, 2007.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
FUNDING SOURCE:
Will above action result in: Number of Positions:
Explanation:
ATTACHMENTS:
ITEM DOES NOT REQUIRE REVIEW
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
65
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66
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 12/03/07
Water & Sewer Item #: 3 Estimated Time: Page Number:
Department: Water & Sewer District Presenter: Dennis J. Ihnat
Contact: Dennis J. Ihnat
SUBJECT:
Consideration of Approval of the Pump Station #77 (Westwood) Force Main Improvements Capital Project
BRIEF SUMMARY:
At the March 12, 2007 meeting, the District Board approved Amendment #2 to the 2006 Wastewater Master Plan Update.
This amendment authorized McKim and Creed Engineers to provide professional services for the design, bid, award,
construction administration, construction observation and project close out phases for a new 16-inch force main from Pump
Station #77 to the Ogden Interceptor.
Pump Station #77 discharges to the Southside WWTP via Bradley Creek Pump Station and the Northeast Interceptor (NEI).
By diversion to the Ogden Interceptor, the wastewater flow tributary to PS#77 will be conveyed to the Northside WWTP.
The purpose of this diversion is to reduce wastewater flow through the NEI as well as provide for management of flow and
capacity at both treatment facilities. This project is part of the long range improvements for the NEI system noted in the
Kimley-Horne NEllmprovements Project Schedule.
McKim and Creed has submitted an Opinion of Probable Construction Cost to install the new force main and replace the
existing pumps at PS#77 of $855,000, with a 10% contingency of $85,500. In the process of installation of a new force
main, there will be easement acquisition costs are estimated at $45,000. The estimated construction project cost is
$985,500.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of $985,500 for this capital project and the approval of the associated budget amendment 2008-
61.
FUNDING SOURCE:
Will above action result in: No Change In Position(s) Number of Positions:
Explanation: Water and Sewer District Funds
ATTACHMENTS:
~ ~ ~
:....~: :....~:
PS77 Forcemain MKC Opinion of Probable CO$t.pdf Pump Slation 1+77 F M Improvemenl$,pdf 2008.61 1l.l9.07.doc
REVIEWED BY:
LEGAL: FINANCE: BUDGET: Approve HUMAN RESOURCES:
67
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:
Recommend approval.
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
68
.
.$~&CREED
MEMORANDUM
TO: Bill Pinnix, PE, New Hanover County
FROM: Mike Johnson, EI
DATE: November 7, 2007
RE: Westwood Pump Station 77 Force Main Cost Estimate
M&Ctt: 00494-0034 - Phase 4A
Bill,
As part of our design of the Westwood Pump Station 77 Force Main and Pump Replacement
Project, we have prepared an opinion of probable construction cost based on the previously
submitted drawings and specifications.
The estimate is inclusive of all anticipated contractor construction costs to install the force main
as shown on the plans as well as replace the existing pumps in the Westwood Pump Station 77.
Westwood Pumv Station 77 Force Main En~ineer's Ovinion of Probable Cost
Subtotal Construction $855,000
10% Contingency $85,500
Total Estimated Construction Cost $940,500
Please contact me at your convenience with any questions.
Mike Johnson, EI
..MCKIM&CREED
~ ENGINEERS SUllVl:VORS !'tANNERS
243 North Front Street,
Wilmington, NC 28401
910.343.1048 office
304.395.1082 cell
910.251.8282 fax
http://www.mckimcreed.com
S:\0494-NHC\0034\10-Cornm\PS 77_FM_Junctio Box Improvements\PS77 FM Cost.doc
69
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70
AGENDA: December 3, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-61
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 2008-61 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: General Water and Sewer Projects
Department:
Exnenditure: Decrease Increase
Construction Costs-Pump Station 77 Force Main $855,000
Contingency 85,500
Easement Acquisitions 45,000
Total $985,500
Revenue: Decrease Increase
Transfer in from Fund 800 $985,500
Total $985,500
Fund: Water and Sewer
Department: Water & Sewer Administration /Finance
Exnenditure: Decrease Increase
Water and Sewer Administration:
Transfer to Capital Project $985,500
Total $985,500
Revenue: Decrease Increase
Water and Sewer Finance:
Appropriated Fund Balance $985,500
Total $985,500
Section 2: Explanation
To appropriate Fund Balance in Fund 800- Water and Sewer to pay costs associated with Pump
Station 77 (Westwood) Force Main Improvements.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 2008-61 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of ,2007.
(SEAL)
William A. Kopp, Jr., District Chairman
ATTEST:
Sheila L. Schult, Clerk to the District Board
71