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Home My WebLink AboutAgenda 2008 02-04 AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC ROBERT G. GREER, CHAIRMAN. WilLIAM A. CASTER, 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 February 4, 2008 5:30 p.m. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION (Atwell Brookshire, New Hanover County Sheriffs Office Chaplain) PLEDGE OF ALLEGIANCE (Commissioner Ted Davis, JI.) APPROV AL OF CONSENT AGENDA ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. l. Consideration of Human Relations Proclamation 39 5:45 p.m. 2. Consideration of a Resolution in Support of a Grant Application for the 41 Seabreeze Access Project 5:50 p.m. 3. Consideration of a Resolution Encouraging the Development of a Collector Street 43 Plan for Areas in Southern New Hanover County 5:55 p.m. 4. Adoption of Capital Project Ordinance to Establish the Southeastern Center for 45 Mental Health Administration Building and the New Hanover County Health Department Facility and Ordinance for Budget Amendment 2008-82 6:10 p.m. 5. Determination of Assessment Cost for Mason Inlet Relocation & Maintenance 49 6:25 p.m. 6.1 Public Hearing 53 Rezoning Request (Z-877, 1/08) - Request by David Sneeden for ACI-Pine Ridge, LLC to Rezone Approximately 1.39 Acres Located in the 8200 Block of Market Street Behind Porters Neck Center in the Transition Land Classification from R -15 Residential to B-1 Neighborhood Business District 6:45 p.m. 6.2 Public Hearing 63 Conditional Rezoning Request (Z-878, 1/08) - Request by Howard Capps for James & Melissa Vass to Conditionally Rezone 2.96 Acres Located South of and Adjacent to 2010 Capital Drive in the Transition Land Classification from AR Airport Residential and R-15 Residential to CD(I-I) Light Industrial Conditional District to Allow for Boat Storage 7:05 p.m. 6.3 Public Hearing 77 Special Use Permit Request (S-580, 1/08) - Request by Vicki Broussard for a Special Use Permit to Place a Child Daycare Facility for up to 60 Children on the Property of Trinity Independent Freewill Baptist Church in an R-15 Residential Zoning District at 440 Horn Road in the Urban Land Classification 1 7:25 p.m. 7. NOTE: This item has been withdrawn until February 18,2008. 89 Consideration of Text Amendment to New Hanover County Stormwater Ordinance 7:40 p.m. 8. Meeting of the Water and Sewer District 97 7:50 p.m. 9. Non-Agenda Items (limit three minutes) 7:55 p.m. 10. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 8:05 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. 7:40 p.m. l. Non-Agenda Items (limit three minutes) 7:45 p.m. 2. Approval of Minutes 99 This page intentionally left blank. 4 CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ITEMS OF BUSINESS Page No. l. Approval of Minutes 7 2. Ratification of Grant Application to Cape Fear Memorial Foundation to Support the 9 Department of Aging's Prescription Drug Assistance Program 3. Second Reading: Approval of Franchise Award 13 4. Approval of Renewal of Contract with Marlowe and Company 25 5. Approval of Renewal of Child Support Contract with Y oungWilliams 31 6. Adoption of Ordinance for Budget Amendment 2008-81, Mason Inlet Capital 35 Project 5 This page intentionally left blank. 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/04/08 Consent Item #: 1 Estimated Time: Page Number: Department: Governing Body Presenter: Chairman Greer Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Board of Equalization and Review meeting held on January 16, 2008 Agenda Review meeting held on January 17, 2008 Regular Session meeting held on January 22, 2008 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 This page intentionally left blank. 8 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/04/08 Consent Item #: 2 Estimated Time: Page Number: Department: Aging Presenter: Annette Crumpton Contact: Annette Crumpton SUBJECT: Ratification of Grant Application to Cape Fear Memorial Foundation to Support the Department of Aging's Prescription Drug Assistance Program BRIEF SUMMARY: The Department of Aging learned of a grant possibility with Cape Fear Memorial Foundation (CFMF) in early January 2008. The grant deadline was January 15, 2008. After consultation with the Manager's office, the Department of Aging submitted a proposal to CFMF in the amount of $7,800 to support the existing Prescription Drug Assistance Program through December 2008. The Prescription Drug Assistance Program helps seniors with Medicare Part D enrollment/questions. Grant monies will be used to cover salary of one part- time temporary staff person (existing position) through 12/31/2008. The CFMF grant proposal was submitted with notation that signature pages would be forwarded once the proposal received approval from County Commissioners. There is no County match requirement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend Commissioners ratify the grant application to Cape Fear Memorial Foundation and approve receipt of the funds if the grant is awarded. If awarded, a budget amendment will be submitted to the Board of County Commissioners for approval. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: The entire grant application is available for review in the County Manager's office. REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 9 NEW HANOVER COUNTY DEPARTMENT OF AGING 2222 SOUTH COLLEGE ROAD WILMINGTON, NORTH CAROLINA 28403 TELEPHONE (9/0) 452-6400 Fax (9/0) 452-64/ / Director January 11, 2008 Mr. Garry Garris President, Cape Fear Memorial Foundation 2508 Independence Blvd., Suite 200 Wilmington, NC 28412 Dear Mr. Garris: The New Hanover County Department of Aging wishes to make an application to the Cape Fear Memorial Foundation for funds to support a Prescription Drug Assistance Program. This program is a resource for area seniors to receive information and guidance on the complex Medicare Prescription drug plans and to receive assistance finding low and/or no cost prescription medications from pharmaceutical companies. Grant monies will be used to support one staff person 10-12 hours per week and cover minimal operational costs. The grant application deadline falls just prior to the next New Hanover County Board of Commissioners meeting scheduled for February 4, 2008. The fully completed signature page will be forwarded to the Foundation at that time. On behalf of the seniors in our community, I ask for consideration of this request. Sincerely, a~ ~~ Annette Crumpton, Director Department of Aging 910-798-6410 Attachment Completed Grant Application Form 10 I PART Ill: FINANCIAL INFORMATION ] 1. Amount requested from Cape Fear Memorial Foundation. (if multi-year funding is requested, also specifY how you wish this to be paid per year.) $7,800 2. Develop a complete project/program budget; including expenses and income, for the period you are requesting funds. Also, please attach a copy of your most recent (a) 990 and (b) audit or financial ..tatement with this application. Project Budget: From January 2008 To December 2008 6,600 500 Mileage 200 Printing 300 Postage 200 New Hanover County Dept of Aging provides office space, technology support, telephone and office supplies. Total Ex enses: $ 7,800 Total Income: $ None CAPE FEAR rviEMORIAL FOlJNDATION Page 5 nf9 11 This page intentionally left blank. 12 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/04/08 Consent Item #: 3 Estimated Time: Page Number: Department: County Attorney Presenters: Kemp Burpeau, Deputy County Attorney and John Hubbard, Environmental Management Director Contacts: Kemp Burpeau, Deputy County Attorney and John Hubbard, Environmental Management Director SUBJECT: Second Reading: Approval of Franchise Award BRIEF SUMMARY: Section 44-55 of the County Code requires that entities collecting solid waste for compensation obtain a franchise. Waste Hauling Services, LLC has submitted the required documentation setting forth contact information, equipment, employees, financial data and insurance. Staff has reviewed the documentation and finds the organization and financial integrity adequate for franchise award. The item was approved unanimously on January 22, 2008. This is the required second reading of the item. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider award of nonexclusive franchise for solid waste collection. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: NIA BUDGET: NIA HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 13 _f WasteHaUling SERVICES 418 Hermitage Road Castle Hayne, NC 28429 Phone: 910-602-6005 Fax: 910-602-6006 ww\v. wastehauling.biz January 4, 2008 New Hanover County Mr. Kemp Burpeau, Esq. Deputy County Attorney 230 Government Center Drive Suite 125 Wilmington, NC 28403 Re: Franchise required for solid waste collection Dear Mr. Burpeau: As per our discussions and correspondence, Waste Hauling Services, LLC is seeking a Franchise from the County of New Hanover for solid waste collection and hereby makes a request for Board Action on January 21, 2008. Pursuant to Sec. 44-55(c) of the County code, I have listed below and enclosed herewith, the docwnents required for the solid waste collection Franchise. 1. The name and address of the applicant is as follows: WASTE HAULING SERVICES, LLC 418 Hermitage Road Castle Hayne, NC 28429 Applicant is a North Carolina Limited Liability Company. The three Member-Managers, having equal ownership percentages in the LLC, are as follows: 14 - Page 2 - Letter to Mr. Kemp Burpeau, Esq. January 4, 2008 Patrick Ballantine 33.33% 6109 Old Branch Road Wilmington, NC 28409 Russ Britton 33.33% 6305 Shinn Creek Lane Wilmington, NC 28405 Jeff Milliken 33.33% 5701 Simmons Road NW Ash, NC 28420 2. The list of "equipment possessed" or "to be obtained within 18 months by the applicant" is as follows: . Trucks: one front-loader truck, one delivery truck, one roll-off truck . Commercial Cans: 24 dumpsters (8 yd, 6 yd and 4 yd) and 17 containers (30 yd) are on hand and applicant plans to obtain dozens more 3. The number of employees expected within 18 months is ten (10). 4. The experience of the applicant in solid waste collection is significant. Our Operations Manager joined us after serving as the Solid Waste Manager/Safety Manager for the City of Wilmington. He has over 15 years experience in the industry, a CDL Class A driver's license, with a Tanker Endorsement to operate any and all of our vehicles, a SW ANA Certificate - Transfer Station Specialist training, and is a Volvo Certified Front end loader. We also are using a retired driver from a major company who has 25 years experience. We have an employee who managed the recycling program for a large company in the State of California and was the sales manager in North Carolina, east of Raleigh. We share space with our sister company, Eco Express, in our Castle Hayne and Myrtle Beach offices and have an offer to purchase additional acreage in Castle Hayne. Currently, Waste Hauling Services, LLC plans to provide services for the collection and recycling of non-hazardous waste only to commercial customers, and not offer residential curb side services. 5. The financial statement prepared by a certified public accountant is attached. --~._....._- 15 - Page 3 - Letter to Mr. Kemp Burpeau, Esq. January 4, 2008 Pursuant to Sec. 44-550), applicant has also attached a certificate of insurance showing the General Liability Policy with $2,000,000 coverage, and the requisite "hold harmless clause" indemnifying the County against claims. Kemp, thank you again for your excellent assistance. We look forward to being on the Consent Agenda for January 21, 2008. If your office, the County Manager, or the Board of Commissioners would like additional information, please do not hesitate to contact me by email (pbaHantine@ec.rr.com) or mobile phone (910-232-6019). With kindest regar~s ;;Z '. Patrick J. Ballantine Member-Manager, Waste Hauling Services, LLC -------.- 16 ----- Henderson, Foltz, Stafford & Co., P A 5025 A Wrightsvi1le Avenue Wilmington, NC 28403 To the Board of Directors Waste Hauling Services, LLC 418 Hermitage Castle Hayne, NC 28429 We have compiled the accompanying statement of assets, liabilities, and equity-income tax basis of Waste Hauling Services, LLC, as of December 31, 2007, and the related statement of revenues and expenses - income tax basis since the company's inception and for the period then ended, in accordance with statements on standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. The financial statements have been prepared on the accounting basis used by the Company for income tax purposes, which is a comprehensive basis of accounting other than generally accepted accounting principles. A compilation is limited to presenting in the form of financial statements information that is the representation of management. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or any other form of assurance on them. Management has elected to omit substantially all of the disclosures and the statement of retained earnings ordinarily included in financial statements prepared on the income tax basis of accounting. If the omitted disclosures and statements were included in the financial statements, they might influence the user's conclusions about the Company's assets, liabilities, equity, revenues, and expenses. Accordingly, these financial statements are not designed for those who are not informed about such matters. We are not independent with respect to Waste Hauling Services, LLC Respectfully submitted, Henderson, Foltz, Stafford & Co., PA January 7, 2008 17 GS1l54Bl ACORD... CERTIFICATE OF LIABILITY INSURANCE I. DATE lMMIDllr(nTl 01/04/08 P1\QlIIICER THIS CERllFlCATE IS ISSUED AS A MATTER OF INFORMATION CITY I1fS NJCY ONLY AND CONFERS NO RIGHTS UPON THe CER11FICAl'E HOLDeR. THIS CERTIACATE DOES NOT AMEND, EXTEND OR Z27 WEST BROAD S'l'IlEET . ALTEFI THE COVERAaE AFFOROEO.BY ruE POLICIES BELOW. BOX 4ZS I1lUllIT l>AtILS I'll: 24384 INSURERS AFFORDING COVERAGE NAlCI# -'-- ..!!!E.!!.ACRk-- NAUTILUS INSURANCE COMPANY ---: INSUIlEIl -. WMTIi: mlVIoII'lO SERVICES, LLC. INSURERD:' 418 IlERMInC& RD INIillREAC: - CASTLE HAYNE NC 2.'29 1NliURl!!I D: .... .. ... tNHIIftE" E: COVERAGES THE POUClES OF INSUIWICE LISTED BELOW HAVE BEEN ISSUED TO ThlE INSURED NAMED AIlOVI; fOfl THE POUCY PERIOD INDlCA11;D. NOlWlTHSTANOING ANY REOUIAEMI;NT. TERM Of! CONOrrICN OF ANY CONT1lACT OR OTHER DOCUMENT WlTI1 RESPECT TO WHICH THIS CERTIFICATE MAY IIJ; ISSUED OR MAY PERTAIN. THE INSURANCE "FFOROEO OT THe I'Ol.IClES DESCAIBED HEREIN IS SUBJECT TO AU. 'THE TERMS, EXCLUSIONS AND CONDITIONS OF SOCH POLICIES. MiGREGATE l;IMm;SHOWN MAY HAVE BEEN REDUCED BY PAIOCl.AlMS. ~ =~ 1'OLlC'l'N-.. ' ICY . paui:n:b'll..i1llN LIlIns ClG'lERo<Il.LlllIltUI'J . I:ACHOCllURRENCE S 2.000,000 _ A .!.Cr:'IEACw. tlENEIW. UAIIlllTY D S 100,000 PAeaMnCG &.~'IWIeA' _ a.AIMJl~E ~ OCCuq . liED ExPlAnY_...._1 s' 5.000- PCRSONllL& AOV_ S 2,000:'000 1--- Gl:NClW. -_T/! S 2.000.000 1-l!r~L1urrnlPEl'; PROIIlJCTl;. t;OloIPIOp~ -;'"2.000,000 POUCV ~'Wr we NC751752 01/03/09 01/03/09 ~IlI.EUAIIItIry COMBINED 9lNCLE lIMIT S . ANt AUTO lllAtlCda8lll) I-- "- - ALL OWNED AUltlS IlCllILYINJURY S lICIiEDUl.EDAlJI'OI: CPa'''''''''I' - . '. - tmEtlAIITOO IlOOItYU>UURy MJN.owNEDAlITDS. lPar"'_1 S - -. '. PAOI'EMV DAMAGE S /hrecdalllll REIIMIUn. AUTOONl. y. EAACClIIIaIT S '- ANt AUTO Im1EATllAN fA A(lC S "'- AUTO DNI.~ Mlll S acasruUIlRU.AUAIIIUrY I:ACHOI;CUIIIlEHCE ~. .- :J OCCUR 0 ClAIlIlIMAOE AG~ATl! - . s =1= s . --~ S . won_lXIlil_'IlONAND l~lI[tJlf..1 I~ EMI>LO'IElIG' UA8IUtY -.... "..-r PflOI'IIlETOMAlmfEftIEXECllI"lVE E.i..IiACJfACl;lOEN":. . '- Ofl'ICl!JWEMlU;R SlCLUDED? !.L D16fAllE.EAEMI'LllYEE S ~==v~_ EL DIIlEASE. POLIcY LI..T- I Dmal DI!&CIIIP11DN OFOPEMTIDHlI'I.OCATIlINSIVDIICl.!:IIII!IlCI._ AIlIIED IY EHIIOhBEMDfTfSPl;C;W, "_lINII GARBAGE COLLECTION/CONS'I' DEBRrs. lmMOVAL CER'I'IFI~ HOLDER IS LISTED AS ADDITIONAL INSURED WITH A WAIVER OF SOBRO~ION FORMS CC2010 (7/04) & CG2404 (10/93) CERTlPlCATE HOLDER CANCl:LLATlON County of New B:anover _ULD....YQF"ltlliAIIllYl:OlSCIlIDalIOUCII!S __LLED BI!RJRC'IlClD"""'l1ON 230 Government Drive DATI: 'IIlI!lIIlDF, 'lItE AI3lllNClINSURI!~ WILL DlllEAVOII TO....II. ...1.Q.. DAYS WIIrl'rEN WILMINGTON NC 28403 N01lCtTO 'lItE _lE HOLlIl:II NAMI!.D TO 'hit LEFr.IVTFAlWRI!TO DO so &HAU. llIlo06E NO OllUllA1lOIC OR uAllIlITV OF ANY IQHlIIlI'lIN 1M! INSURER. IrS IollENTS DR REl'RE5ENTA11III:S. 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DeSigned by PTXASCOPE http://www.wastequip.comlcontainer/frontload.shtml 1/4/2008 23 This page intentionally left blank. 24 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/04/08 Consent Item #: 4 Estimated Time: Page Number: Department: County Manager Presenter: Dave Weaver, Assistant County Manager Contact: Dave Weaver SUBJECT: Approval of Renewal of Contract with Marlowe & Company BRIEF SUMMARY: The attached draft contract with Marlowe & Company is a renewal of the existing contract by which Marlowe provides services to represent New Hanover County and its Beach Towns in Washington, D.C. The services primarily concern the obtaining of Federal funding for beach nourishment and inlet/waterway maintenance. The contract is funded through the beach nourishment portion of the Room Occupancy Tax. Steve Dye with Howard Marlowe gave an update on their activities at the Board's January 22 meeting. The requested funding is for $4,000/month with the contract to end June 30, 2009. The current contract has been for $3,600/month. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Board approve the contract. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Sufficient funds are available in the beach nourishment portion of the Room Occupancy Tax, account # 21008500-790380. ATTACHMENTS: draft contract REVIEWED BY: LEGAL: FINANCE: NIA BUDGET: NIA HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 25 . MARLOWE & COMPANY Government Affairs Consultants Washington. DC I December 21. 2007. __ __ __ __ _ __ _ __ __ _ __ __ _ __ _ _ - .{ Deleted: Decembe, 5, 2007 ) The Honorable William A. Caster Chairman New Hanover County Board of Commissioners 320 Chestnut Street, Room 305 Wilmington, NC 28401 Mr. Bruce Shell County Manager, New Hanover County 320 Chestnut Street, #502 Wilmington, NC 28401 Dear Chairman Caster and Mr. Shell: Thank you very much for the opportunity to represent New Hanover County in Washington, D.C. during the past year. We have greatly appreciated working on the County's behalf with the federal government on issues related to your beaches and other matters. This letter reviews our accomplishments for the County over the past year and also serves as a proposal to continue our work for the coming year. We began 2007 by working with your congressional delegation to request funding for the beach renourishment project in Wrightsville Beach and the Westside Water Project. The County requested $300,000 for the Wrightsville Beach project to investigate a sand source in advance of the next renourishment in 2010, and $1 million for project costs for a regional water system in New Hanover and Pender Counties. The Westside Water Project request was made in the FY'08 State and Tribal Assistance Grant (STAG) account as part of the Environmental Protection Agencies budget. Unfortunately the House and Senate Appropriations Committee failed to include an earmark for the project in the bill. In past years this account has been a very reliable source of funding for water projects, but due to the recent earmarking concerns in Congress and conflicting budget priorities the House and Senate Appropriations Committee severely cut back on STAG earmarks. In fact, the entire delegation for North 1667 K Street, NW. Suite 480. Washington, DC 20006 . (202) 775-1796. Fax (202) 775-0214 e-mail: marlowe@marloweco,com . www.marloweco.com A Limited Liability Company 26 Carolina received only one STAG earmark this year, when in past years just about every member of the delegation would have received a STAG earmark. For 2008, Marlowe & Company will continue to assist the County with the development of the Route 421 Corridor. It has been our experience that regional economic development projects similar to this one usually receive strong support from Congress and federal agencies. The County's efforts to partner with Pender County and other stakeholders will improve your chances to receive a congressional earmark or a federal grant. In the next several weeks, we will work with you and the County's staff to determine if in 2008 the County will request a STAG earmark again or if we should identify another source of funding. There are other earmarked and grant programs through the Department of Housing and Urban Development, Department of Commerce, and Department of Agriculture that may be worth pursuing instead. Although Congress has made a long-term commitment to support beach protection projects, President Bush continues to exclude funding requests in his annual budget for almost all beach and shore protection projects, which leaves it to Congress to add them to the appropriations bill. The House bill contained no funds for the Wrightsville Beach project, but the Senate bill included the needed $300,000 for the project. Congress and the President are behind on completing the appropriations bills. We expect the Energy and Water Development Appropriations bill to be one of the last completed, probably in late December. We are continuing to work with your congressional delegation to include the $300,000 in the final bill. In addition, once the appropriations bill is enacted into law, we will be working with the Wilmington District of the Corps of Engineers to assure that the sand survey begins as soon as possible. In 2008 New Hanover County will need to take the initiative on getting plans and specifications funding in FY'09 in advance of the 2010 Wrightsville Beach, Carolina Beach, and Kure Beach renourishment. Since the President continues to not request funding for beach renourishment projects, it will be necessary in 2008 for the County to request from Congress the Corps' FY'09 capability estimate for this work. That estimate is not yet available, but, as in years past, once we get it we will work with you and your staff to submit the County's request to Congress. The 50 year project agreement with the Corps to provide storm protection for Carolina Beach will expire in 2014, which will be the first agreement in the nation to expIre. Over the last several months, Marlowe & Company has been working with Congress and the Corps to formulate a process to extend the period for federal fiscal participation in beach nourishment projects. Based on those discussions, we recommend that Carolina Beach begin a feasibility study under Section 216 of the 1970 Flood Control Act. Marlowe & Company will work with the Corps Wilmington District to determine the necessary funding amount to begin the study. We will then act on the County's behalf to build congressional support for the reauthorization of the Carolina Beach 2 27 project under Section 216 and get the necessary funding in the FY'09 Energy and Water Development Appropriations bill for the study to begin. Finally, through our work on behalf of another client, the North Carolina Beach, Inlet, and Waterway Association, Marlowe & Company has been successful in obtaining funding for the Carolina Beach Inlet dredging project. The FY '08 Senate Energy and Water Development Appropriations bill includes $600,000 and the House Energy and Water Development Appropriations bill includes $1.23 million. While the fmal appropriations bill has yet to be passed by Congress, the project will likely receive funding between the House and Senate amounts. We propose an agreement between the County of New Hanover and Marlowe & Company beginning January 1, 2008 and ending June 30, 2009. This change in the length of our contract will put the contract on schedule with New Hanover County's budgetary fiscal year. We will provide lobbying and other government affairs consulting services to the County related to the projects that are under the jurisdiction of the Army Corps of Engineers and water infrastructure development along the Route 421 Corridor. We propose a modest fee increase to $48,000 annually. This increase incorporates the current $350 per month expense line item as well as an increase in our operating costs. There is no charge for any administrative support work done by other members of our staff. As in the past, we will invoice the County monthly and provide monthly written updates on our activities. Once again, thank you very much for the opportunity to represent the County of New Hanover. We have been proud to represent you and hope to continue our relationship. Respectfully, Howard Marlowe President cc: Dave Weaver 3 28 Services Agreement This agreement, made on , 2007, shall be the complete and binding agreement between The County of New Hanover, North Carolina (County) and Marlowe & Company, a government affairs consulting and lobbying finn located at 1667 K Street NW in Washington, D.C. Background The County, for the purpose of retaining professional assistance in investigating and exploring federal funding opportunities, has requested the services of Marlowe & Company. The County and Marlowe & Company wish to set forth herein the terms and conditions under which the services shall be rendered by Marlowe & Company. In consideration of the foregoing end of the mutual agreements set forth below, the parties agree as follows: Terms 1. The County will pay Marlowe & Company's $4,000 a month for each of the months in calendar year 2008 for services performed by Marlowe & Company to secure funding for the federal shore protection projects and the water infrastructure construction along Route 421. 2. The fee and services described in Paragraph # 1 includes up to two visits by Marlowe & Company staff to the County, but does not include payment for the time and expense of any additional out-of-town travel Marlowe & Company may incur at the request of the County. 3. The services described in Paragraph # I, above, shall be performed at the direction and to the satisfaction of the County. 4. Marlowe & Company shall account each month to the County for the time it has spent in performance of the services described in Paragraph #1 and shall maintain continual contact with a representative of the County by telephone, fax, mail, and/or e-mail to inform said representative of developments regarding the Project and respond to said representatives comments and questions in a prompt and appropriate manner. 5. Either party may terminate this contract without cause on thirty (30) days' written notice. This Agreement contains the entire agreement and understanding of the County and Marlowe & Company with respect to the matters covered herein, and may only be modified by written instrument signed by both parties. 4 29 . . IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have caused this Agreement to be executed on the day and year written above. For Marlowe & Company: Name: Howard Marlowe Title: President Name: Steve Dye Witness For the County of New Hanover, North Carolina: Name: Title: Name: Witness 5 30 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/04/08 Consent Item #: 5 Estimated Time: Page Number: Department: DSS Presenter: LaVaughn Nesmith Contact: LaVaughn Nesmith SUBJECT: Approval of Renewal of Child Support Contract with YoungWilliams BRIEF SUMMARY: New Hanover County has contracted for the operation of the Child Support Enforcement Program with private vendors since 1998. YoungWilliams began managing the New Hanover County child support program in January 2005 and was awarded a full contract with the County in July 2006. Total collections have gone from $11,089,255 in 2005 to $12,445,290 in 2007, a 12% increase, during that time period. New Hanover County ranks 18th out of 88 counties in the State's 9-Factor Ranking System which identifies the 9 crucial factors in managing a successful child support enforcement program. Since YoungWilliams started managing our program, we have never been ranked lower than 23rd. An explanation of the meaning of the 9-Factor Ranking System is attached as well as a spreadsheet comparing New Hanover County's program to counties of similar size, both county- or state-run programs, and those run by private companies. Based on the positive relationship with YoungWilliams, its contributions to the community, and its success at managing the program, the DSS Director recommended to the Board of Social Services at its January 8, 2008 meeting that the YoungWilliams contract be renewed. A motion carried to recommend renewal of the YoungWilliams contract. The contract period is July 1,2008 to June 30, 2009. It may be renewed for three additional one-year periods. The cost of the contract is contingent on total collections and positive results related to the 9-Factor Ranking System. For 2007-2008, the budgeted cost to the County, which is based on a percent of collections, is projected to be $493,730. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request approval to start the negotiations process with YoungWilliams. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ - ". ......... . . Comparison of County. xis Explanation of 8 Factor Rankings.doc 31 REVIEWED BY: LEGAL: FINANCE: NIA BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. 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Cherokee, Graham, Macon and Swain have all been combined under "Bryson City". The State of North Carolina originally developed the 9-factor report for the counties as a way to let them know how their program was doing with respect to the factors that the State deemed as important. It was not intended to be punitive, but a means by which counties could measure the success of their programs. The report is generated every quarter. Some of the 9 factors are based on a cumulated total; others are based on a point in time (the last day of the month). A county's ranking can change every quarter; however, rankings may not be true representations of how the county is doing in relation to its incentive goals. The 9-Factor report compares counties with as few as 209 cases to counties with as many as 33,632 cases. The State has tried to equalize the ranking, but there is some difficulty in ensuring that all counties are compared equally to each other. New Hanover County has stayed consistently in the top 25 counties (out of 88 counties). We have been as high as 13th and as low as 23rd within the last 2 years. The September 2007 report listed us as 18th. There are currently 5 counties that are run by a private contractor. New Hanover and Beaufort are both run by Y oungWilliams; Onslow and Buncombe/Polk are run by Policy Studies, Inc. (PSI) A 6th county, Lenoir, recently contracted withY oungWilliams to provide management services. Lenoir county has risen from 77th place to 66th in 2 quarters with a Y oungWilliams program manager. An attached Excel spreadsheet compares New Hanover to other counties with a similar caseload size. Included are all of the programs run by private companies. 34 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/04/08 Consent Item #: 6 Estimated Time: Page Number: Department: Budget Presenter: Cam Griffin Contact: Cam Griffin SUBJECT: Adoption of Ordinance for Budget Amendment BRIEF SUMMARY: The following budget amendment amends the annual budget ordinance for the fiscal year ending June 30, 2008: 2008-81 - Mason Inlet Capital Project RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of ordinance for the budget amendment 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: ~ ........ 2W8-B.1 1-2}-HS.dQC REVIEWED BY: LEGAL: FINANCE: NIA BUDGET: HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 35 AGENDA: February 4, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-81 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina that the following Budget Amendment 2008-81 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: Mason Inlet Maintenance beginning October 2007 Department: Mason Inlet Capital Project Revenue: Decrease Increase Transfer in from Room Occupancy Tax Fund $127,230 Total $127,230 Exnenditure: Decrease Increase Capital Project Expense $127,230 Total $127,230 Section 1: Details of Budget Amendment: Fund: Room Occupancy Tax Fund Department: Room Occupancy Tax Revenue: Decrease Increase Room Occupancy Tax Appropriated Fund Balance $127,230 Total $127,230 Exvenditure: Decrease Increase Transfer to Capital Project - Fund 361 $127,230 Total $127,230 Section 2: Explanation This budget amendment is to increase the Mason Inlet Maintenance beginning October 2007 budget for Contract Renewal for the Engineering and Surveying Services for Year 6. The contract renewal was approved atthe November 19,2007, meeting. As of February 4, 2008, the Room Occupancy Tax Appropriated Fund Balance is zero. 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 2008-81 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Adopted, this day of ,2008 (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 36 REGULAR AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS ESTIMA TED ITEMS OF BUSINESS Page TIMES No. 5:40 p.m. l. Consideration of Human Relations Proclamation 39 5:45 p.m. 2. Consideration of a Resolution in Support of a Grant Application for the 41 Seabreeze Access Project 5:50 p.m. 3. Consideration of a Resolution Encouraging the Development of a Collector Street 43 Plan for Areas in Southern New Hanover County 5:55 p.m. 4. Adoption of Capital Project Ordinance to Establish the Southeastern Center for 45 Mental Health Administration Building and the New Hanover County Health Department Facility and Ordinance for Budget Amendment 2008-82 6:10 p.m. 5. Determination of Assessment Cost for Mason Inlet Relocation & Maintenance 49 6:25 p.m. 6.1 Public Hearing 53 Rezoning Request (Z-877, 1/08) - Request by David Sneeden for ACI-Pine Ridge, LLC to Rezone Approximately 1.39 Acres Located in the 8200 Block of Market Street Behind Porters Neck Center in the Transition Land Classification from R -15 Residential to B-1 Neighborhood Business District 6:45 p.m. 6.2 Public Hearing 63 Conditional Rezoning Request (Z-878, 1/08) - Request by Howard Capps for James & Melissa Vass to Conditionally Rezone 2.96 Acres Located South of and Adjacent to 2010 Capital Drive in the Transition Land Classification from AR Airport Residential and R-15 Residential to CD(I-I) Light Industrial Conditional District to Allow for Boat Storage 7:05 p.m. 6.3 Public Hearing 77 Special Use Permit Request (S-580, 1/08) - Request by Vicki Broussard for a Special Use Permit to Place a Child Daycare Facility for up to 60 Children on the Property of Trinity Independent Freewill Baptist Church in an R-15 Residential Zoning District at 440 Horn Road in the Urban Land Classification 7:25 p.m. 7. Consideration of Text Amendment to New Hanover County Stormwater 89 Ordinance 7:40 p.m. 8. Meeting of the Water and Sewer District 97 7:50 p.m. 9. Non-Agenda Items (limit three minutes) 7:55 p.m. 10. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 8:05 p.m. ADJOURN 37 This page intentionally left blank. 38 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/04/08 Regular Item #: 1 Estimated Time: Page Number: Department: Human Relations Presentesr: Carl A. Byrd, Sr. andlor Lethia Hankins Contact: Carl Byrd Item Does Not Require Review SUBJECT: Consideration of Human Relations Month Proclamation BRIEF SUMMARY: The New Hanover County Commissioners are asked to issue a proclamation recognizing February 2008 as "Human Relations Month." RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ ... . 2W8-H R M P RO .doc ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 39 NEW HANOVER COUNTY BOARD OF COMMISSIONERS HUMAN RELATIONS MONTH PROCLAMATION WHEREAS, the New Hanover Human Relations Commission, the Greater Wilmington Chamber of Commerce, and the Friends of Human Relations are sponsoring Human Relations Month; and WHEREAS, the theme for Human Relations Month is, "In Our Diversity, We Are The Same! ~ and WHEREAS, the Board of Commissioners encourages all citizens to respect and work to establish equal rights for all persons regardless of race, color, sex, religion, age, disability, or familial status; and WHEREAS, through practicing the principles of Human Relations Month on an every day basis, we help to preserve, protect, and perpetuate the rights of each person to freedom, liberty, and justice. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that February 2008 be recognized as "HUMAN RELA TIONS MONTH" in New Hanover County and that all citizens are called upon to sincerely join forces in creating and practicing a mutual bond of fellowship with all citizens and resolve to accept a personal challenge to improve the status of all people through assurance of the basic human rights of justice, freedom, and dignity. ADOPTED this the 4th day of February, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 40 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/04/08 Regular Item #: 2 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contacts: Chris O'Keefe and Neal Lewis SUBJECT: Consideration of a Resolution in Support of a Grant Application for the Seabreeze Access Project BRIEF SUMMARY: In 2007 the NC General Assembly created the North Carolina Waterfront Access and Marine Industry (WAMI) fund to acquire waterfront properties or develop facilities for the purposes of providing, improving andlor developing public and commercial waterfront access. Funds have been made available to public entities that provide public access for water- dependent recreational activities in North Carolina's coastal public trust areas. The New Hanover County Parks Department, Planning Department, and County Management have identified parcels in the Seabreeze community of southern New Hanover County as a potential site for public access, boat ramp and commercial fishing opportunities. Staff has begun assembling a grant application to purchase up to 11 contiguous properties and fund construction of improvements with a total estimated cost of $4,000,000. If awarded the grant could fund 100% of the cost of the acquisition and development of the site. Once purchased the County would transfer ownership of the land to the Wildlife Resources Commission. The County would operate and maintain the facility. Deadline for submission of the application is February 15th. A resolution of support is attached for your consideration. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution authorizing staff to prepare and submit an application for the desired funds. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ ... . seab!"eeze Resolution .doc REVIEWED BY: LEGAL: FINANCE: NIA BUDGET: HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 41 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS IN SUPPORT OF A NORTH CAROLINA WATERFRONT ACCESS AND MARINE INDUSTRY (WAMI) FUND GRANT APPLICATION FOR NEW HANOVER COUNTY SEABREEZE ACCESS PROJECT WHEREAS, in accordance with its CAMA Land Use Plan and Master Plan for Parks and Recreation, the County has a documented need for access to its unique coastal environment; and WHEREAS, the Board of Commissioners desires to improve access to its surface waters for waterfront access, commercial fishing and water dependent recreational activities; and WHEREAS, the Board of Commissioners authorizes the submittal of a grant application to the North Carolina Division of Marine Fisheries requesting funds in the amount of approximately $4,000,000 to acquire land, design and develop the Seabreeze Waterfront Access Project; and WHEREAS, the County will transfer ownership of land to the Wildlife Resources Commission upon acquisition; and WHEREAS, the County will assume responsibility for the operation and maintenance of the facility once construction is complete. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners authorizes staff to submit an application for funds to the Wildlife Resources Commission Fisheries for a grant from the North Carolina Waterfront Access and Marine Industry fund to purchase and develop a waterfront access site in the Seabreeze area of New Hanover County. ADOPTED this the 4th day of February, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 42 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/04/08 Regular Item #: 3 Estimated Time: Page Number: Department: Planning Presenters: Chris O'Keefe, Mike Kozloski Contact: Chris O'Keefe SUBJECT: Consideration of a Resolution Encouraging the Development of a Collector Street Plan for Areas in Southern New Hanover County BRIEF SUMMARY: Since NCDOT's installation of a traffic island on Piner Road, interest in traffic in areas of the County south of Monkey Junction has increased. The Wilmington Metropolitan Area Transportation Advisory Committee, at the request of the North Carolina Department of Transportation, has resolved that the MPO and New Hanover County complete a collector street plan for that area. The MPO has developed a draft map indicating potential collector street locations and together with County Planning staff they would like to present this draft map to citizens and business owners at public meetings held in the study area. The attached resolution describes the events that have resulted in this effort and asks for your support to allow staff to begin this process to plan for increased traffic impacts to roads in southern New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt attached resolution. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ........ ... . resa for co!iector p!an.dQc REVIEWED BY: LEGAL: FINANCE: NIA BUDGET: NIA HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 43 RESOLUTION OF THE NEW HANVOER COUNTY BOARD OF COMMISSIONERS ENCOURAGING THE DEVELOPMENT OF A COLLECTOR STREET PLAN FOR AREAS IN SOUTHERN NEW HANOVER COUNTY WHEREAS, New Hanover County is dedicated to promoting safe and efficient transportation choices; and 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 NC Board of Transportation; and WHEREAS, with the development that has occurred and is expected to continue in southern New Hanover County, traffic congestion has become an important issue for citizens, businesses and visitors to the region; and WHEREAS, the North Carolina Department of Transportation installed a concrete monolithic island approximately 1,100 feet in length from the intersection of College Road and Piner Road to restrict access on Piner Road; and WHEREAS, this transportation improvement has resulted in increased interest and concern for traffic and transportation planning in the vicinity of Monkey Junction; and WHEREAS, the North Carolina Department of Transportation has requested the Wilmington Metropolitan Planning Organization and New Hanover County to design a collector street plan to consider frontage roads andlor collector streets providing improved access to existing businesses and vacant properties on Piner Road and along Carolina Beach and College Roads; and WHEREAS, the Wilmington Metropolitan Planning Organization, in cooperation with New Hanover County and North Carolina Department of Transportation, has completed a draft collector street map for College, Carolina Beach and Piner Roads recommending interconnectivity between existing and proposed developments; and WHEREAS, the Wilmington Metropolitan Planning Organization and the New Hanover County Planning Department desire to hold public meetings to receive comments and suggestions on the draft map; and WHEREAS, the Wilmington Metropolitan Planning Organization's Transportation Advisory Committee recommends completion of this planning effort. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners encourages the Wilmington Metropolitan Planning Organization and the New Hanover County Planning Department to develop a collector street plan for areas between the southern city limit and the Veteran's Park property in southern New Hanover County. ADOPTED this the 4th day of February, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board ---.---- 44 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/04/08 Regular Item #: 4 Estimated Time: Page Number: Department: Finance Presenters: Chris Coudriet and Avril Pinder Contact: Avril Pinder SUBJECT: Adoption of Capital Project Ordinance to Establish the Southeastern Center for Mental Health Administration Building and the New Hanover County Health Department Facility BRIEF SUMMARY: The Commissioners are requested to adopt the Capital Project Ordinance to establish the project for the Southeastern Center for Mental Health (SEMH) Administration Building and the New Hanover County Health Department Facility. The anticipated project cost is $22,946,195 and will be funded by a contribution from SEMH of $5,000,000, donation of land, and Installment Loan Proceeds of $17,946,195. Interest earnings on the cash donations will be utilized as well. The project proposal will be presented to the Board at the meeting. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt capital project ordinance and ordinance for budget amendment 2008-82, and authorize contract negotiation for design and construction of a facility for Southeastern Mental Health and the County's public health department. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: Explanation: Health specific furniture and fixtures for the Health Department will need to be funded in future operating budgets. ATTACHMENTS: ~ ~ ........ . .. C P S E r~~ H .doc 2W8-821-24-;,}S.doc REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. (revised) 45 PROJECT ORDINANCE SOUTHEASTERN CENTER FOR MENTAL HEALTH ADMINISTRATION BUILDING & NEW HANOVER COUNTY HEALTH DEPARTMENT FACILITY BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County (County) is engaged in the Construction of the Southeastern Center for Mental Health Administration Building and the New Hanover County Health Department Facility, which capital project involves the construction andlor acquisition of capital assets. 2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute 159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. 3. 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. 4. 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. NOW, THEREFORE, WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North Carolina General Statute 159-13.2. 2. The project undertaken pursuant to this ordinance is the Construction of Southeastern Center for Mental Health Administration Building and the New Hanover County Health Department Facility Capital Project, which project is herewith authorized. 3. The revenue that will finance said project is: Contribution from SEMH $5,000,000 Installment Debt $17.946.195 Total $22 946.195 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Capital Project Expense $22.946.195 Total $22 946 195 5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. ADOPTED this the 4th day of February, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 46 AGENDA: February 4, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 2008-82 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina that the following Budget Amendment 2008-82 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: Southeastern Center for Mental Health Administration Building Department: Finance Revenue: Decrease Increase Contribution from SEMH $5,000,000 Installment Loan Proceeds 17,946,195 Total $22,946,195 Exnenditure: Decrease Increase Capital Project Expense $22,946,195 Total $22,946,195 Section 2: Explanation The budget amendment is to establish the project for Southeastern Center for Mental Health Administration Building and the New Hanover County Health Department Facility in the amount of$22,946,195. 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 2008-82 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. Furthermore, pursuant to Section 1.150- 2 ofthe Treasury Regulations, the County may reimburse itself from the proceeds of any future debt to be hereinafter incurred by the County for this project. Adopted, this day of ,2008 (SEAL) Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 47 This page intentionally left blank. 48 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/04/08 Regular Item #: 5 Estimated Time: Page Number: Department: Finance Presenters: Avril Pinder, Finance Director and Kemp Burpeau, Deputy County Attorney Contact: Avril Pinder SUBJECT: Determination of Assessment Cost for Mason Inlet Relocation & Maintenance BRIEF SUMMARY: Per the direction of the Commissioners at the September 4, 2007 County Commissioners' meeting, staff has completed review of all charges associated with the Mason Inlet RelocationlMaintenance project that need to be assessed to property owners on Figure Eight Island and portions of northern Wrightsville Beach. Staff has met with representatives from Mason Inlet Preservation Group (MIPG) and provided documentation of all expenditures. Documentation was also provided to representatives from the Figure Eight Homeowner's Association and their legal counsel. All involved have reached an agreement on the current amount(s) due for remaining relocation cost and completed maintenance cost through September 24,2007. The amounts to be assessed at this time are as follows: Wrightsville Beach $ 2,479,858 Figure Eight $ 337,666 TOTAL ASSESSMENT $ 2,817,524 The County Commissioners are asked to approve the Determination of Cost as required by General Statute 153A-193 and to establish a public hearing. Subsequent to the Determination of Cost, staff will mail preliminary assessment to all affected property owners as well as a notice of public hearing. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Determination of Costs and establish March 10, 2008 as the date for the public hearing. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ........ ... . Mason Inlet Proejct Resolution 020~Dg.dG1C 49 REVIEWED BY: LEGAL: FINANCE: Approve BUDGET: NIA HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: Approved Determination of Costs and established March 10, 2008 as the date for the public hearing by a vote of 5-0. 50 RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, on June 21, 1999, the Board adopted a preliminary assessment resolution for the Mason Inlet Management Project, and on December 2,2002, confirmed the final assessment roll, authorizing collection of the initial construction costs; and WHEREAS, in compliance with the conditions of the U. S. Corps of Engineers permit authorizing the project, operational and maintenance costs in the amount of $2,817,524.00 have been incurred but not yet assessed for the period from July 12, 1999 to September 24, 2007; and WHEREAS, NCGS 153A-204.1 directs that such operation and maintenance costs are to be levied on the same basis as the original assessment; and WHEREAS, NCGS 153-204.1 requires that the Board first determine the amount of the operational and maintenance cost, considering actual costs of operating and maintaining the project together with such expenses as necessary legal services, interest costs, mailing and publication costs; and WHEREAS, the County is thereafter required to prepare a preliminary assessment roll for the operational and maintenance costs, listing parcels to be assessed, fee basis, costs for each owner and proposed payment terms, and also to produce a project map showing parcels of record; and WHEREAS, the Board of Commissioners is to set the date for a public hearing to annul, modify or confirm the assessments. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that: 1. The operational and maintenance costs for the project for the period from June 12, 1999 to September 24, 2007, to now be assessed are $2,817,524.00. 2. County staff is directed to prepare a preliminary assessment roll and a project map, to mail to each owner a Notice of Hearing, and to prepare and publish all required notices. 3. A public hearing to consider the preliminary assessment roll for operational and maintenance costs is set for March 10,2008 at 1 :00 p.m., or thereafter, at the New Hanover County Historic Courthouse, 24 North Third Street, Room 301, in Wilmington, North Carolina, 28401. ADOPTED this the 4th day of February, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board 51 This page intentionally left blank. 52 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/04/08 Regular Item #: 6.1 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Rezoning Request (Z-877, 1/08) - Request by David Sneeden for ACI-Pine Ridge, LLC to Rezone Approximately 1.39 Acres Located in the 8200 Block of Market Street Behind Porters Neck Center in the Transition Land Classification from R-15 Residential to B-1 Neighborhood Business District BRIEF SUMMARY: At its January 3, 2008 meeting, the Planning Board voted 6-0 to recommend approval of this request for conditional rezoning. No one from the public spoke on this item. RECOMMENDED MOTION AND REQUESTED ACTIONS: 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 approximately 1.39 acres from R-15 Residential District to B-1 Neighborhood Business 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 acreage currently surrounded by commercial zoning from residential to commercial zoning classification. FUNDING SOURCE: Will above action result in: New Position(s) Number of Positions: Explanation: ATTACHMENTS: ~ ~ ~ ~ -. . .... J:.:.)I:t ~ Z -877, '-08-5 taff 5 ummar}'. doc Z -877 '-08-Petition 5 ummaw doc Z -877. pdf Z -877 Applicant Materials. pdf 53 ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 54 CASE: Z-877, 1/08 PETITIONER: David Sneed en for ACI-Pine Ridge, LLC REQUEST: From R-15 Residential District to B-1 Neighborhood Business ACREAGE: Approximately 1.39 Acres LOCATION: 8200 block of Market Street (R02800-00 1-15 8-00 1) LAND CLASS: Transition PLANNING BOARD ACTION At its January 3, 2008 meeting, the Planning Board voted 6-0 to recommend approval of this request for conditional rezoning. No one from the public spoke on this item. STAFF SUMMARY The subject property is located in the northeast portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The property is accessed from Market Street, a principal arterial road, through the Porter's Neck Center. Level of service has been rated D along this segment of Market Street, meaning there is a high density but stable flow of traffic. Traffic counts in this area decreased about 4% between 2004 and 2005. The Highway 17 Bypass/I-140 is located to the north of this property. The property has been used for residential purposes but petitioner indicates structures are currently vacant. The parcel is surrounded by B-1 and B-2 zoning. Adjacent to the northwest and northeast is zoned B-1 and is vacant, wooded area at this time. Property to the southeast is zoned B-2 and is occupied by Porter's Neck Center shopping area. To the southwest is zoned B-1 and is a portion of the Cypress Pond apartment homes. The subject property is located within the Greenview watershed drainage area which is classified C(SW). The property is not within the 100 year flood zone. Soils are primarily class I Rimini sand which is generally suitable for septic systems. Public water and sewer service is available in the area although sewer capacity is severely restricted at the present time. Land Use Plan Considerations: This rezoning petition proposes a change from low density R-15 Residential use to a more intensive B-1 neighborhood business classification. The B-1 Neighborhood Business District is envisioned to provide convenient shopping facilities primarily of necessity goods and personal services to serve a neighborhood. Version 1/28/2008 Page 1 of2 Z-877 55 Implementation strategies associated with Policy 4.3 of the land use plan encourage location of regional commercial nodes at major intersections consistent with the Land Classification map and other local plans; and also, the location of commercial centers to provide service and trade at key intersections. The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as providing for future 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. This subject property is currently an island of residential zoning in the middle of commercial B-1 or B-2 districts. It is in the midst of an existing commercial node located at a major intersection where an Interstate Road a US Highway and an Urban Collector come together. Rezoning to bring the area into a consistent zoning classification seems reasonable and appropriate. For this reason, 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 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 approximately 1.39 acres from R-15 Residential District to B-1 Neighborhood Business 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 acreage currently surrounded by commercial zoning from residential to commercial zoning classification. Version 1/28/2008 Page 2 of2 Z-877 56 Case: Z-877, 01/08 Petition Summary Data Owner/Petitioner: David Sneeden for ACI-Pine Ridge, LLC Existing Land Use: Residential (Vacant) R-15 1.39 acres Zoning History: Area 8B (July 7, 1972) Land Classification: Transition Water Type: County Sewer Type: County (subject to available capacity) Recreation Area: Ogden Park Access & Traffic Volume: Market Street (US 17) at Porter's Neck Road. Just south of the site, ADT 42,864 (4/05); ADT 36,236 (11/06); for a decrease of 15%; 2007 LOS D, meaning dense but stable flow of traffic Fire District: Ogden VFD Watershed & Water Quality Classification: Greenview Watershed - C(SW) Aquifer Recharge Area: Primary Recharge area of the principal aquifers (combined Castle Hayne and Peedee aquifers-confined artesian) Conservation/Historic/ Archaeological Resources: SHOD portion (Market St.) Soils: Class I: Rm-Rimini sand Septic Suitability: Class I-Suitable Schools: Blair Elementary 57 ... I a:l ~ .~ : I . 10 . ... . . . . . c 'iij r-... 0 OJ Ci "C~O'E"8 ~ ~'~'D ~ Gl .. "7; ..J .. ~c '. I m" c / ~ui ~i . ~G) CD~ ClOa::~_.5U) e !5~~~~ 'r""~8~~~ 8 ..:g>,,~i:!lii@ ~ C;'g~u~.~ ~ I ... (,)"Cl CL~ 1li N~.9~:l t5 58 . APPLICANT MATERIALS 59 WHAT YOU MUST ESTABLISH FOR A CHANGE OF ZONING Your intende4 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? This change will permit the use of the property to be converted from an obsolete residential use to a commercial use which will enhance the traffic patterns and internal connectivity of the surrounding commercial uses. The'property is in an area served by County utilities and is classified as Transition which is a use designated to provide for more intensive urban development in the future. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? The subject property is classified as Transition on the 2006 Land Classification Map. The subject property is vacant and improved with an older model mobl.Ll: home. The closest residential use is a medium density apartment complex. The property is served by County water, sewer and fire protection. There are no wetlands located on the property and it drains in the Greenview Ranches watershed. 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? Since this property was originally zoned residential, the four tracts which it borders have all been rezoned to B-1 and B-2, Market Street has been four laned and County utilities have beeE e::tended to the property. All surrounding properties have transitioned to commercial and the closest residential property is a medium density apartment complex. 4. How will this change of zoning serve the public interest? Development of the property will facilitate the traffic flow and inter- connectivity between the adjoining commercial properties. The development of this property will not adversly affect wetlands or natural resource areas. In signing this petition, I understand that the existing zoning map is presumed to be correct and that I have 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. David G. Sneeden Print Name Page 2 of2 ZMA-ll/07 60 - I , -kl6;- ~...'l'PI(;u s:. NOI.1U.J.$' t;",'N I ~ '\ ~ : ~ ~ . OF .,."t! ~~\l!~-~ '" Cl I~O~ ~ . f.! fIO~f'6fC -,iifc1" ICO ~ on ~ IV' '"'<. S/f. 14-0& l:l <1:1- \ a ~ ... .... ~ h, l(l V\~ ~"'%.\~ ~ ~.., .....!II! ~..~ ~f: ",~~t '" q; ~ \i >!> ' .....~\ ~ t '" ~ ... "~ ~.~ ~~~ III .. ~ '" f.. ~ \ ~ ~a.~ '>! <fl III ~ il.~~ ~....>:: ~ ill ~ ~ ~I\/t,j \ l . \ ~ ~ r~ ~~>. d ~ ~ ~ "- III ~ l~ \ .."'~ ~~ ~ ~ ~~ll: \ o Q: <Xl So ~ ~ l:l III ~ :i, "l ~ Q: I- \ \ \\ , \ \ -.......... 0 '{l \ - 1---'- \ ~~ \"' ~ .. - ~ ~ .... l \ ~ 11 ~ 2.. oS 2S"51'. '.. \ .. OI9NIY)' 6. W/<< 0' 50."".. ~ ". _ IHO.51'4''.!'.J"S <t~.n'. _. _ _ __ . __ _f_ .l!'!z.05' ..... 30' U$6WUvn' - - - \~ \ ~ N SO: 5" ...~-W 210.4-" -' .. ~ ..\ . \. c;., a \ ~ \ .~ > 101 Q ~ \ . ol. ~ ~.. ~\ 0'" \ 1;. ,i It Q: ~ \ ~~ "4 0- \ '" ~ /l"'S ,,~ ...: \l \ \,1 ~'" ~ \ !l: ... j.;;" \ ~ ~ ,// '" ~~ I'-Ir'c" ,/ ~~ /" /I' /' V\< 6f1o-< /' ..d~ ~o0 ./ ~~ // -.0. ./ c~ /" /' ~ (, ,/ <I ----:,/ ~ - - - 61 ..... 4-< 0 ..... (J) ~ t"-- p... 0 --- 0\ C:! ..... ..... OIl .2: 00' 0 V) """ '-0 r'I 00 V) """ 0 01 V) ..... 1ZJ ::;s ..... ~ 1ZJ ~ 'a 0 N --- ....... ;:l B< ;:l ~ 0 U ;> 0 OIl .@ .=: ;:l $ (J) "0 I --- 62 ;g. ...::: NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/04/08 Regular Item #: 6.2 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Conditional Rezoning Request (Z-878, 1/08) - Request by Howard Capps for James & Melissa Vass to Conditionally Rezone 2.96 Acres Located South of and Adjacent to 2010 Capital Drive in the Transition Land Classification from AR Airport Residential and R-15 Residential to CD(I-1) Light Industrial Conditional District to Allow for Boat Storage BRIEF SUMMARY: At its January 3, 2008 meeting, the Planning Board voted 6-0 to recommend approval of this request for conditional rezoning and the site plan as submitted. No one from the public spoke on this item. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION #1 NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning map amendment of 2.96 acres from AR-Airport Residential District to CD(I-1) Conditional 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 addition of acreage outside the flood plain to an existing conditional industrial district for storage of boats and RVs under the terms and conditions outlined in a companion special use permit. ACTION #2 NEEDED: (Choose one) 1. Motion to Grant the companion special use permit (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific negative findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: 63 ~ ~ ~ ~ -. . .... J:.:.)I:t ~ Z -878, '-08-5 taff 5 ummar}'. doc Z -878 '-08-Petition 5 ummaw doc Z -878. pdf Z -878 Applicant Materials. pdf full size site plans ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved the rezoning 5-0. Approved the conditional use permit 5-0. 64 CASE: Z-878, 1/08 PETITIONER: Howard Capps for James & Melinda Vass REQUEST: From AR &R-15 Residential District to CD(I-l) Light Industrial for boat and RV/camper storage ACREAGE: Approximately 2.96 Acres LOCATION: south of and adjacent to 2010 Capital Drive (R03400-003-005-000) LAND CLASS: Transition PLANNING BOARD ACTION: At its January 3, 2008 meeting, the Planning Board voted 6-0 to recommend approval of this request for conditional rezoning and the site plan as submitted. No one from the public spoke on this item. STAFF SUMMARY The subject property is located in the northern portion of the county in an area classified as Transition on the 2006 CAMA Land Classification map. The property is accessed from Capital Drive, a local street serving Murrayville Station Business Park, via Farley Drive or N. College Road near its intersection with Gordon Road. Neither traffic counts nor levels of service are available for Capital or Farley Drive, however, traffic along N. College in this vicinity is shown at LOS F, meaning traffic exceeds design capacity. Traffic counts along N. College Rd. increase by approximately 41 % between 2003 and 2006. The subject property has been casually used for outside storage associated with the existing boat storage operation. The parcel is generally landlocked. A Progress Energy power line and easement extends across the eastern portion of the property. A small sliver along the eastern boundary is zoned R-15. This appears to be a residual zoning from an earlier pattern that was likely established using the utility easement as a zoning boundary. Parcels to the west are vacant, wooded land. Residential use is in place to the south and east of this parcel. The property is just outside the airport horizontal zone. The subject property is located within the Smith Creek watershed drainage area which is classified C(SW) and is listed on the 303( d) list of impaired waters. The property is not within the 100 year flood zone. Soils are primarily Class II Seagate sand with moderate limitations for septic systems. Public water and sewer service is available in the vicinity. Land Use Plan Considerations: This rezoning petition proposes a change from low density Airport Residential and R-15 Residential use to a conditional district for light industrial use as an outdoor storage area for boats, R V s and campers as an expansion of an existing conditional 1-1 district. Version 1/25/2008 Page 1 of3 Z-878 ---~---_...- 65 Implementation strategies associated with Policy 4.2 of the land use plan encourage location of industrial areas to maximize efficient use of infrastructure while protecting the environment and residents from undue impacts. Conditional districts are designed for firm development proposals and require site specific plans to be approved as special use permits, thus providing maximum protection and predictability. The 2006 Update ofthe Joint CAMA Plan describes the purpose of the Transition class as providing for future 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. This subject property is currently being used for the purposes sought in the petition. Rezoning to bring the area into full zoning compliance, to create a cohesive business operation and to apply appropriate site design standards seems reasonable and appropriate. For this reason, 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 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 2.96 acres from AR-Airport Residential District to CD(I-l) Conditional 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 addition of acreage outside the flood plain to an existing conditional industrial district for storage of boats and RVs under the terms and conditions outlined in a companion special use permit. BECAUSE THIS IS A CONDITIONAL USE DISTRICT, STAFF HAS THE FOLLOWING PRELIMINARY FINDINGS OF FACT FOR THE COMPANION SPECIAL USE PERMIT: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public utilities are available in the area. B. Access to the proposed expansion will be restricted by an existing security gate from Capital Drive. No access will be from Gordon Road. C. Capital Drive is a local street serving only the Murrayville Station business park. D. Fire Service is provided by Wrightsboro VFD. E. The property is not located in a flood hazard area F. Stormwater control is subject to the requirements of the County's stormwater ordinance and will be accommodated on site. Version 1/25/2008 Page 2 of3 Z-878 66 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned AR-Airport Residential and R-15 Residential District. This request is made concurrent with conditional rezoning to CD (I-I) Conditional District for industrial use. B. Petitioner proposes 135 outdoor storage spaces on the subject property. No buildings are proposed. C. Traffic circulation is not applicable since this site is accessed via the existing storage operation by a security gate. D. Drive aisles exceed the general width standard in order to accommodate maneuvering of boats and RVs. E. A traffic impact analysis is not required. F. A vegetative buffer will be added as required by the ordinance. G. All existing regulated trees will remain on the site. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted that this project will decrease property values of adjacent parcels. B. Outside storage will be located only within an existing fenced area, thus providing an extended buffer from surrounding residential zoning districts. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as providing for future 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. The proposal is consistent with the policies relating to industrial use. STAFF COMMENTS: Staff feels these findings are positive without further conditions. ACTION #2 NEEDED: (Choose one) 1. Motion to Grant the companion special use permit (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific negative findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Version 1/25/2008 Page 3 of3 Z-878 ---.-...-- 67 Case: Z-878, 01108 Petition Summary Data OwnerIPetitioner: Howard Capps for James & Melinda Vass Existing Land Use: AR-Airport Residential and R-15 Residential Zoning History: Area 8B (July 7, 1972) Land Classification: Transition Water Type: Private Sewer Type: Private Recreation Area: Ogden Park Access & Traffic Volume: Capital Drive to Farley or N. College Rd. No counts or LOS on Farley. N. College Rd. ADT of23,000 (2003) compared to 32,441 (12/06) +41% Fire District: Wrightsboro VFD Watershed & Water Ouality Classification: Smith Creek Watershed - C(SW) 303(d) list-impaired waters Aquifer Recharge Area: Primary or secondary recharge area of the principal aquifers ConservationlHistoric/ Archaeological Resources: None Soils: Class II: Seagate Septic Suitability: Class II-Moderate limitations Schools: Blount Elementary Other: Airport horizontal zone 68 ~ I \ [ \ \ /~ -= \oc----/ ~ t--= I' ,J \ \ 3,,^'.d . /~.. ~) ;/ ',~ / ./ l // '"i'C r-...,-\ '-::::. - .. L ! '---, - -- )/- --------- ~---~- - , ~ ~ I !f B !fffi g ~ g~ on . 0 ;; '" "- Iii ~ '''''"''" '":<Ic:I ti", ~~~ ~ ~2 ~U ~cU ~ _~ <~2 ~~" ~uc:l ~Iii~~ :g~H BnB~;js - ell:~ Olil~lil<~S:~lIl "'""'0 @ >-Z<S"'ll:i!i:1ll -c;.--~ IV ffi<~I-::~ <Oil; CO C"C.... "-ili'"oo-, 121- r--.;:,g.2 lil&l::li;li;l~2~'" ClOoca;!:: 11..u..> 9 NBl 6 APPLICANT MATERIALS 70 Attachment A Wrightsville Beach Storage Expansion Change of Zoning November 27,2007 I. How would the requested change be consistent with the County's Policies for Growth and Development? This 2.96 acre site is located in the transition area on the 2006 CAMA Land Classification Map. As stated in the Land Use Plan, the purpose of the Transition classification "is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services." Section B: Land Use and Urban Design portion of the 2006 CAMA Land Use Plan states that the City of Wilmington and New Hanover County will designate sufficient land area and suitable locations for the various land use types. Also policy 4.2 indicates that the County shall delineate areas for industrial use (warehouse) which will maximize the efficient use of infrastructure while protecting the fragile ecosystem from harm and protecting residents from undue impacts. This 2.96 acre site is proposed for expansion of the adjacent Wrightsville Beach Storage located at 2010 Capitol Drive. The existing warehouse is at capacity so this expansion allows an existing successful business to provide additional boat, camper trailer, and enclosed trailer storage adjacent to their existing facility. This additional storage Can be accomplished with no adverse impact on the environment or residential uses. The storm drainage will be handled by piping storm water to existing storm drainage pond now being used by the existing storage facility. The two small residential units to the south of the site will be buffered by 20' to 180' of existing natural material. Any future residential development to the east of the site will be buffered by 65' to 118' of buffer area under existing utility lines. The area to the west is currently a wooded, undeveloped site with a 20' buffer on our site. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? This 2.96 acre site is located in the transition area on the 2006 CAMA Land Classification Map. As stated in the Land Use Plan, the purpose of the Transition classification "is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services." 3. What significant neighborhood changes have occured to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The need to expand an existing storage facility is the change that has taken place, creating the need for a zoning change. This 2.96 acre site is currently zoned Airport Residential (AR) which is established for the purpose of limiting the development of land within the vicinity of the New Hanover County Airport to low density residential development. In promoting the general 71 purpose of this Ordinance, the specific intent of this Section is; to minimize aircraft hazards by excessive density; to prohibit the development of places of assembly such as schools, hospitals, rest homes or other uses which tend to concentrate large numbers of people; and, to promote the health safety and general welfare of the inhabitants of New Hanover County by preventing the creation of hazards to the Airport, thereby protecting the lives and property of the users of the Airport and of occupants in the vicinity and preventing destruction or impairment of the utility of the Airport and the public investment therein. Changing the zoning from AR to I-I (CD) to allow additional storage will eliminate any residential use in the AR zone. 4. List proposed conditions and restrictions that would mitigate impacts of the proposed use(s). The site plan has bee!) prepared based on the County Zoning Ordinance. The required 20' buffer has been provided around the perimeter of site. Vehicular access will be through the existing storage facility entrance at Capitol Drive. Adjacent uses will be buffered by proposed 20' landscape buffer plus additional natural buffer areas on south side of site. 72 Attachment B Wrightsville Beach Storage Expansion Special Use Permit November 30, 2007 General Requirements #1 The board must find "that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved." North of this site is an existing storage facility. The owner ofWrightsville Beach Storage indicates that the existing facility is at capacity and additional surface storage space is needed based on market demand. The adjacent property is either wooded and undeveloped (westside) or contains small single family homes on large lots (southside). East of this site has recently been rezoned to R-10 but has not been developed. This R-l 0 site is buffered by a 20' buffer on this site with a 65' to 118' buffer due to existing utility lines. General Requirements #2 The board must find" that the use meets all required conditions and specifications" of the Zoning Ordinance. The site plan has been developed based on the New Hanover County Zoning Ordinance. Driving isles exceed the required isles in the zoning ordinance to provide adequate room for boat and camper trailers. General Requirements #3 The board must find "that the use will not substantially injure the value of adjoining property or that the use is a public necessity." With the substantial distance from the property line on the south and eastern side of the site and the existing trees and vegetation, there should be very little or no impact on adjacent land use. General Requirements #4 The board must find "that the location and character of the use if developed according to the plans as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County." The proposed use is an expansion of an existing storage facility and will be in harmony with the area. The adjacent residentially zoned areas will be buffered by existing vegetation on the back of the existing fence on the south side of the site. The area to the east is buffered by a large utility easement. The west side is adjacent to a large undeveloped wooded site. This development is consistent with the intent of the Transition Land Classification. 73 NEW HANOVER COUNTY TAX OFFICE & R03400-003-031 ,000 ~ Ii! 4.55A 8450 R03400-003,022-000 R03400-003'032,OOO fl 532_63 199.97 R03400-003-006-000 R03400-003-003-00 1 0832 R03400-003-003-000 R03400-003-008-001 1.08A 1632 11/28/2007 74 -"-- ~ . . ~ l'J z '" 1 ~~ l!' i~ i ?in: ~~ ~f j ~~ ~~ ~ '" i 01 l H I sf = ~ g T I!i. ~ ~ .., ~~ H ! -. " I . . i 1'0__ N "t; 9 ~~ l~ ! .~. -. .._~--~" 75 This page intentionally left blank. 76 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/04/08 Regular Item #: 6.3 Estimated Time: Page Number: Department: Planning Presenter: Chris O'Keefe Contact: Chris O'Keefe Item Does Not Require Review SUBJECT: Public Hearing Special Use Permit Request (S-580, 1/08) - Request by Vicki Broussard for a Special Use Permit to Place a Child Daycare Facility for up to 60 Children on the Property of Trinity Independent Freewill Baptist Church in an R-15 Residential Zoning District at 440 Horn Road in the Urban land Classification BRIEF SUMMARY: At its January 3, 2008 meeting, the Planning Board voted 6-0 to recommend approval of this request for a special use permit and the site plan as submitted. Dr. Speight, representing the church, affirmed the church's support for Ms. Broussard's daycare project. No one from the public spoke. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: (Choose one) 1. Motion to Grant the special use permit based on the findings of fact (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific negative findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. FUNDING SOURCE: Will above action result in: Number of Positions: Explanation: ATTACHMENTS: ~ ~ ~ ~ -. . .... J:.:.)I:t ~ S '580, '-08,S taff Summar}'. doc S -580 ',08,Petition S ummaw doc S -580. pdf S ,580 Applicant Materials. pdf ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: Approved 5-0. 77 SPECIAL USE PERMIT 8-580, 1/08: Daycare for up to 60 Children Request By: Vicki Broussard for Trinity Independent Freewill Baptist Church Location: 440 Horn Road PLANNINNG BOARD ACTION: At its January 3,2008 meeting, the Planning Board voted 6-0 to recommend approval ofthis request for a special use permit and the site plan as submitted. Dr. Speight, representing the church, affirmed the church's support for Ms. Broussard's daycare project. No one from the public spoke. Preliminary Staff Findings 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. Private water and septic serves the property. B. The property accesses Carolina Beach Road, an identified arterial, by Horn Road a local street. C. Level of Service on Carolina Beach Road is rated as E, meaning the road is operating at capacity. D. Traffic Impact Analysis is not required because peak hour trips are estimated at about 65 trips. The threshold for TIA is 100 peak hour trips. E. Fire Service is available from the Myrtle Grove Fire Department. F. The property is not located in a flood hazard area. G. The proposed facility is an existing building historically used as a church. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-15 Residential. B. Off-street parking requirements exceed the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. Applicant acknowledges that the play area must be enclosed by a fence with a minimum height offour feet. The site plan shows a play area to the west of the building. D. The day care will be licensed by the State of North Carolina. E. In accordance with Section 72-20 no outside signs in excess of2 sq. ft. shall be permitted. F. All other local, state and federal requirements must be met. 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. Child care facilities exist in other residential districts in New Hanover County. The applicant has been operating a home daycare in the neighborhood for several years. 8-580 Page I of2 Version 1/25/2008 78 B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 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 Urban. B. Policies in the 2006 Land Use Plan do not specifically address daycare needs. C. Staff finds that these findings are positive and does not recommend conditions. ACTION NEEDED: (Choose one) 1. Motion to Grant the special use permit based on the findings of fact (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific negative findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. 8-580 Page 2 of2 Version 1/25/2008 79 Case: 8-580, 01/08 Petition Summary Data OwnerIPetitioner: Vicki Broussard Existing Land Use: Church Building Zoning History: Area 4 (April 7, 1971) Land Classification: Urban Water Type: Private Sewer Type: Private Recreation Area: Arrowhead Park Access & Traffic Volume: Horn Rd to Carolina Beach Rd. ADT 28,000 (2003) compared to 33,339 (6/06) + 19% LOS E Fire District: Myrtle Grove Fire Department Watershed & Water Ouality Classification: Motts Creek Watershed - C(SW) Aquifer Recharge Area: Primary or secondary recharge area of the principal aquifers ConservationlHistoric/ Archaeological Resources: None Soils: Le-Leon Soil Septic Suitability: Class III- Severe Limitations Schools: Williams Elementary 80 ~ ro N M ..,. In ~ ..... eo '" c. as "2 g I~D~ w ~ u Cl ~ ~ ~ c .~ 'i ~ n~ h c 0 c. 0 0. 0 .. II] ~:lffi Ii. " ~ W C c( a:t 0 ~ -Om IJli~Ui~ ~ i~~~ -..a..'-o> !!!~~ ~ii1~ ~ or- ~~~~ @ >~~ -O:~I < 0'= e 5 ~ m;;:H~~u ~~ f8'~[~:a ~>~~l2Il..~~:3LL u)i~.9: /1. t!i 1-1- In 81 APPLICANT MATERIALS 82 REVIEW PROCEDURES Applications for Special Use Permits (other then for single family dwellings on individual lots ) are first referred to the New Hanover County Planning Board for recommendation to the County Commissioners. The Commissioners make final action on the permit application in a quasi-judicial public hearing. Complete petitions and all supplementary information must be accepted by the Planning Department twenty (20) working days before the Planning Board meeting to allow adequate time for processing and advertisement as required by the North Carolina Geneml Statutes. Planning Board meetings are held on the first Thursday of each month at 5:30PM in the Commissioner's Assembly Room at the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina. Applications for single-family dwellings, including mobile homes, on individual lots must be accepted by the Planning Department twenty (20) working days before the regularly scheduled Commissioners meeting. Applications for single-family dwellings on individual lots do not require planning board review. What You Must Establish For A Special Use Permit Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning . Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements: (Attach additional pages if necessary) General Requirement #1 The Board must find "that the use will not materially endanger the public health or safety iflocated where proposed and developed according to the plan as submitted and approved." -fn:. \..\...Se. 0\ '-\-Y\,I..'S. ~O(O~{I-ty UUO.J d. V\O\ e f\Ctcl~.er ~ ?u.. '0\ '-(. $) o.n~ lAXL'-( . \t L0&l u...o.ol \Je. ~ P ?Q V.e ry\- s. tv \net U-t. 0.. ~\Q.l .e f-oy +~U., ChL\.clve.n ~ 50 c-{--k-r S ch 00 l ',~\-e .-\--b be . seck ?\QC-E' oLu_x:t~ 4: ~2.> \yj Cl ~. d.o.-lf 0 General Requirement #2 The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance". The.. bu..~ \ol \ ~ Wo~ct be u~ed QS 0... ctClLfC~YQ. " \'v\Q(Q W\\ \ De. 0- +e.nc €cl In p\o. ~ Q yeC-..- <t- Q SQ~ ch"of 0('+ ~ y\cK u? QY e 0..... . Page 2 of3 SUP 11107 83 General Requirement #3 The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." \'0<: VQh-le at Cl$l.L \\1 ~ ?V~Q~ l0o~d I Y\C r (?(),Se . fV\ o'Y''i ~hYY\l \ \~ ~ kJoLJol tx. \ u..c k.y -6 ho. v~ Q '-e l\.Y Y'I \ '^J C:e h-kr $0 C..l [) Se.. .+0 YJc~ '~1 .. '-\--W'\y e\r\.\ \d. \(~ to General Requirement #4 The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County." A\' fU.\~S ~ f€3u.. ~c~.~ens LUlJJ he .~ \ \0 lu~ CA.. ~ 5\-cu-*- -\-v ~hlSh ~ GUL-l \ \10. J.(. ~ . OlY'l Q.~rroyo....l of o.J\. OCpcu-'~'r'.-\CS. The Zoning Ordinance in some instances also imposes additional specific requirements on the use requested by the applicant. The applicant should be prepared to demonstrate that the proposed use would comply with each specific requirement found in section 72, additional restrictions imposed on certain special uses (as applicable). He/She should also demonstrate that the land would be used in a manner consistent with the plans and policies of New Hanover County. The Board of Commissioners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the Special Use Permit. I certify that this application is complete and that all of the information presented in this application is accurate to the best of my knowledge, information, and belief. t )l.,t~;' ~()i ).5.~9:~[) - Signature of Petitioner and/or Property Owner \r\C~ J3'( OLXS Sa_x' ol Print Name Page 3 of3 SUP 11/07 84 Proposed use The facility will be located at 440 Horn Road. The business will provide service to a maximum of 60 children. The learning center will house children from the age of 1 day old to the age of 12 years old. The facility totals 4648 square feet. There will be six classrooms for each age of the children. There will be 2248 square feet of yard space and play area for the children that will be fully fenced in. The facility will be used as a quality childcare center. I am passionate about the need to assist children in their early childhood development with a stable, enriching and loving environment while their parents are working. This building will help me to opemte my childcare center in a more business- like manner. 85 PRIlPERTY LINE /~ . 0 J L- J - r r 2> .... - I IJIJ-C(] ] .. r\\ ... ~ !t! oJ ,.. :l .... '" ,.. .... 2> '" ~ I .. 8 .. <U 100'-4' 18'-6' 55'-0- -- .t'" - ) i:) I ,~, -'L~~'j' .?> . , , AVAILABLE PARKING 173' IJIDE X 80' .... ... . J 0 5 10 15 20 30 40 111111 I I I I I I I SCALE -a' X 4' SIGN R/lJ Horn Rond ______________,_____________ -------'---'-CENTER LINE---------'3-I4-Mile-to-CQrOii;;-~B-eo.-Ch-Roa:d [::;lo 86 ROBIN ClAYTON January 1, 2008 To whom it may concern, As a resident of the Silver Lake community and a parent with a child currently under the care of Vicki Broussard, I would like to make it known that her new expanded child care center will be a great asset to the area. My son has been with her for over three years, since he was twelve-weeks-old, and we could not be happier. As any working parent will tell you, good child care is hard to find. I had lined up child care while on maternity leave and one week before I was going back to work the child care provider cancelled on me. I wa~ bordering on frantic when I was lucky enough to find Mrs. Broussard. My family haS been blessed to have such a caring and competent day care provider. And although some people have been known to travel great distances to bring their children to Little Angels, we are doubly blessed to be within walking distance. The new center will provide convenient child care to many more families in our community. I have no concerns about the new center and do not believe it could negatively affect our community in any way. Mrs. Broussard has very clear expectations for the parents regarding parking and traffic patterns during drop-off and pick-up times at her house and I am sure it will be just as organized at the new center. Please approve this zoning request so that Mrs. Broussard can continue to provide a loving and nurturing learning environment to the children in our neighborhood. Sincerely, ~mt- Robin L Clayton 87 This page intentionally left blank. 88 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/04/08 Regular Item #: 7 Estimated Time: Page Number: Department: Engineering Presenter: Dennis J. Ihnat and David Weaver Contact: Dennis J. Ihnat and Jim Iannucci SUBJECT: NOTE: This item has been withdrawn until February 18. 2008. Consideration of Text Amendment to New Hanover County Stormwater Ordinance BRIEF SUMMARY: Watermark New Hanover Limited Partnership has submitted a proposed text amendment to the New Hanover County Stormwater Ordinance Section 23-439. The proposed text amendment, current New Hanover County Stormwater Ordinance Section 23-439 and Section 346, and staff analysis is attached. The effect of the proposed text amendment would be to allow a surety to be posted in lieu of installing the required stormwater improvements, thereby allowing the sale of individual lots prior to the installation of any stormwater improvements that are intended to adequately protect the subjected property and surrounding properties from adverse drainage impacts. It is critical to note, as discussed in more detail in the attached materials, that the Board recently adopted a subdivision text amendment that allowed developers to increase the bond amount of improvements, such as roads and water and sewer utilities, from $100,000 to $8,000,000. The proposed amendment in this agenda item would also allow drainage improvements to be similarly bonded. Drainage improvements, however, must be in place before any work is done in the development in order to minimize possible impacts downstream, such as flooding of existing residences. The current ordinance states in Section 23-439 that "A surety will not be accepted by the county until the county receives a certification by the design professional which indicates sufficient improvements have been completed which will adequately protect the proposed improvements." The Engineer signs and seals a certification that states that the "work has been completed in accordance with the latest New Hanover County Ordinances and Storm Water Design Manual and the Authorization-To-Construct." This ensures that the Design Engineer has supervised the work and that the proposed lots as well as the surrounding properties will be protected. County staff has worked diligently to ensure all Stormwater, Sedimentation and Erosion Control and Tree Permits are in place prior to land disturbing activities in order to protect the public as well as prevent or reduce inappropriate or unnecessary grading. Ensuring that sufficient stormwater control measures are in place (permanent or temporary) prior to further development will uphold our dedication to protect surrounding properties. The Stormwater Ordinance allows a surety to be posted for the remaining required stormwater improvements. Article VI, Section 65 of the Subdivision Ordinance states: "When the requirements of this ordinance conflict with the requirements of other lawfully adopted rules, regulations, or ordinances of the County of New Hanover, or deed restrictions imposed by the developer, the more stringent or higher requirements shall govern." RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that the Commissioners deny approval of the proposed text amendment. FUNDING SOURCE: Will above action result in: No Change In Position(s) Number of Positions: 89 Explanation: No funding involved. ATTACHMENTS: ~ ........ ... . Stmmwater T ex! ,'~...-nendment Backup .doc REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Deny approval. COMMISSIONERS' ACTIONS/COMMENTS: The item was withdrawn until February 18, 2008. 90 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Meeting Date: 02104/08 CASE: Proposed Text Amendment to New Hanover County Stormwater Management Ordinance PETITIONER: WATERMARK NEW HANOVER LIMITED Partnership REQUEST: Petitioner requests modification of the New Hanover County Stormwater Management Ordinance, Section 23-439, to read: Section 23-439 Final plat and/or certificate of occupancy (a) Final Plat. The county shall not allow final plats to be recorded for any projects until the county has accepted the construction completion certification required in Section 23-438 ofthis Storm Water Management Ordinance, or until a surety has been posted by the owner or sub-divider in accordance with Section 51 of the New Hanover County Subdivision Ordinance. (b) Certificate o/Occupancy. The county shall not allow certificates of occupancy to be issued for any occupiable structures within development projects until the county has accepted the construction completion certification required in Section 23-438 of this Storm Water Management Ordinance, or until a surety has been posted by the owner or sub-divider in accordance with Section 51 of the New Hanover County Subdivision Ordinance. Notwithstanding the foregoing, certificates of occupancy cannot be issued until temporary and/or permanent drainage facilities have been installed and have been certified by the design professional as being sufficient to protect (I) the proposed occupiable structure(s), and (2) the proposed Required Improvements identified in Section 52-5 of the New Hanover County Subdivision Ordinance and specifically described in the design and construction plans submitted to the county and other appropriate State and local agencies by the owner or sub-divider as required in Section 20-2 of the New Hanover County Subdivision Ordinance. BACKGROUND At their meeting on October 1, 2007, the Board of County Commissioners approved a text amendment to the Subdivision Ordinance that raised the "Surety Limit" for required improvements in accordance with the provisions of the Subdivision Ordinance from $100,000.00 to $8,000,000.00. 91 The Subdivision Ordinance, Section 52-5, addresses Surface Water Drainage, stating that "All drainage construction within the area of the proposed subdivision shall be reviewed by the County Engineer for conformance with New Hanover County's Storm Water Management Ordinance and Design Manual. The Subdivision Ordinance, Article VI, Section 65, titled "Conflict" states: "When the requirements of this ordinance conflict with the requirements of other lawfully adopted rules, regulations, or ordinances of New Hanover County, or deed restrictions imposed by the developer, the more stringent or higher requirements shall govern." The current Stormwater Ordinance states that "A surety will not be accepted by the county until the county receives a certification by the design professional which indicates sufficient improvements have been completed which will adequately protect the proposed improvements." (Emphasis added.) Discussions with representatives of the Home Builders Association indicate that the Petitioner's intent is to allow a subdivider to provide a financial guarantee in lieu of constructing or installing any stormwater improvements. The current Stormwater Management Ordinance reads: Sec. 23-439. Final plat and/or certificate of occupancy. The county shall not allow final plats to be recorded and certificates of occupancies to be issued for any projects until the county has accepted the construction completion certification, or until a surety in the form and amount acceptable to the county has been posted by the owner. A surety will not be accepted by the county until the county receives a certification by the design professional which indicates sufficient improvements have been completed which will adequately protect the proposed improvements. Certificates of occupancies cannot be issued until temporary and/or permanent drainage facilities have been installed and have been certified as being sufficient to protect the proposed improvements by the design professional. The surety is not to exceed 110 percent of the cost of the temporary and/or permanent facilities covered within this article and approved within the authorization-to-construct. (Ord. of9-5-2000, ~ 10.8) STAFF COMMENTS Staff opposes the proposed text amendment to the Stormwater Management Ordinance. 92 Overview: Because ofthe topography, weather patterns, and proximity to environmentally sensitive wetlands and coastal waters, drainage and stormwater management in New Hanover County is of critical importance to our environment and to the health and welfare of our citizens. Drainage and storm water management is fundamental to the preparation of parcels for improvement in order to ensure that the parcel(s) being developed, surrounding parcels, and surrounding environmentally sensitive areas are protected from the effects of uncontrolled water movement. Stormwater and drainage management designs often require redesign and modification based on actual site conditions encountered. If construction or installation of sufficient stormwater and drainage improvements to adequately protect the proposed improvements is not required prior to the sale of individual lots, such required modifications may not be possible, and could lead to County financial liability, adverse impact on our sensitive environment, and degradation to the health and welfare of affected citizens. City Stormwater and Planning staffs, County Planning staff and the County Inspections Department are in agreement with County Engineering regarding not allowing the complete bonding of stormwater improvements. The City currently has bonding limits set well below that of the new County limits. The City requires all but minor punch list items to be complete prior to approving a project. They require the stormwater system to be in place and only allow minor items such as site stabilization on a project to be bonded prior to continuing through the platting process. Please see the following specific comments and examples: . Alternative to Sureties for stormwater improvements: Since the Stormwater Ordinance was enacted in September, 2000, the procedure for reviewing, approving and accepting the certification of Stormwater Authorization to Construct Permits has not changed. Sureties have been, and continue to be, allowed for the completion of stormwater and drainage improvements beyond those temporary and/or permanent stormwater and drainage facilities constructed or installed that protect the proposed improvements and surrounding properties. Partial Stormwater Certifications have been, and will continue to be, accepted for the portion of a project that a developer wishes to move forward in the platting process. Requiring developers to install only the stormwater improvements for the section or phase they wish to plat greatly reduces the work they need to complete, while continuing to protect the surrounding property owners. This is accomplished by staff reviewing the stormwater measures to ensure they function for just the phase to be platted. Recently, additional consideration is given to certifications due to the difficulty in achieving site stabilization during our current drought conditions. 93 . Protection of public health and safety - Existing Drainage Issues: Any inherent drainage issues on a property would likely be eliminated if the proposed stormwater improvements were in place. If a property is platted and sold to individual owners prior to construction or installation of required stormwater and drainage improvements, it would greatly hinder the County's ability to correct existing drainage issues on the property. Purchasers of individual lots are responsible for any and all drainage issues found within the boundaries of their lot. The County would be required to coordinate remedial actions with each individual property owner, not the developer. Section 23-342 of the Stormwater Ordinance states: "It shall be the responsibility of the individual property owners of developed or undeveloped land with in the unincorporated areas of the county, to maintain stormwater conveyance facilities, such as waterways, streams, creeks, ditches, swales, channels, canals, conduits and culverts, and stormwater control facilities, such as ponds and lakes within their property. Where conditions of existing stormwater facilities are determined to be deficient and a public nuisance, and a property owner fails to correct the deficiencies after being notified by the county, the county may arrange for the deficiencies to be corrected and recover all costs thereto from the property owner. However, the recovery of costs from property owners is subject to appeal as described in section 23-515." Surrounding property owners located off-site could be adversely affected and the County's only recourse would be to collect the bond and install the proposed improvements. This would not correct or cover the cost of upstream and/or downstream impacts. There is no way to cover such contingences in closing paperwork for every lot. The bond would not cover such costs and the developer mayor may not be around to address them and per the ordinance is not responsible for the individually owned lots. We would be placed in the situation to issue notice of violation letters to the same individual lot owners that cannot build upon their lots because their subdivision is not complete. Added to the issues with on-site property owners are the impacts to upstream and/or downstream property owners. . Grading, tree removal and installation of stormwater measures may significantly change the features of a property: Unlike the installation of water, sewer and other improvements, stormwater improvements require land disturbing measures on common areas, easements as well as the lots. Tree removal, grading, and installation of ponds, swales, pipes and other stormwater measures will greatly alter the land. If a lot is purchased by an individual owner prior to construction or installation of required storm water improvements, it may not look anything like the piece of land that they inspected before purchase. . The stormwater system may not be able to be properly installed. Individual lot owners could hinder the installation of the stormwater system. Instead of dealing with just the developer, staff would be faced with coordination of large numbers of individual lot owners. Refusal of any individual property owner to allow the required modifications would significantly affect the stormwater design, and could lead to 94 protracted legal proceedings and possible County liability. Court rulings to protect individual trees or change the grading of lots would hold up the entire stormwater system. . Required modifications to stormwater and drainage design plans may not fit within the proposed easements and privately owned lots if lots are sold prior to construction or installation of stormwater improvements: If the stormwater and drainage features do not fit within the proposed easements or do not function as designed when constructed or installed, additional land would be necessary. This could lead to costly land purchases after the fact or possible condemnation of individually purchased lots to acquire the necessary land. Lot sizes may change and may no longer conform to what TRC approved, or may not meet current zoning restrictions. In addition, the proposed text amendment would allow construction of houses and certificates of occupancy prior to final construction, installation and certification of the required stormwater and drainage improvements. For example, if temporary stormwater features are found to be ineffective, a redesign of the drainage and stormwater system may require the addition of stormwater features (such as a pond) in a location where a house has been constructed and occupied. . Effect on Environmental Health Permits: Per a letter from the North Carolina Division of Environmental Health, approved stormwater plans are required prior to approving permits for on-site wastewater (septic). County Environmental Health has instituted the policy of verifying the final location of the stormwater system prior to approving permits. This has allowed them to identify potential conflicts prior to their permit approval but has also greatly increased their workload. Septic permits cannot be authorized until a final plat has been recorded for the lot. Many current proj ects are pursuing septic permits along with installing dry sewer due to the sewer moratorium, which has further increased the workload of Environmental Health. If the stormwater measures need to be changed upon construction, the approved septic permits may no longer be valid. Continuing to require the storm water improvements to be in place will alleviate this problem. . Speculative land purchases and numerous separate builders involved in a completely un-built subdivision could hinder the completion of the project: Individual builders cannot be counted on to grade lots in accordance to the overall storm water design. Improper grading of lots could lead to the revoking of the County Stormwater ATC Permit and/or the State Division of Water Quality Stormwater Permit. Changes to correct such deficiencies could be extremely involved and require the Permit holder (usually the developer, until transferred to a HOA) to sign the plan modification. The permit holder could refuse to approve the costly modifications and further complicate the issue. 95 . Not all projects subject to the Stormwater Ordinance fall under the Subdivision Ordinance. Commercial projects, projects that do not require a Special Use Permit, projects that are not subdivided, and others are not regulated by the Subdivision Ordinance. The proposed text amendment links the Stormwater Ordinance to the Subdivision Ordinance which is not the recommendation of Engineering or Planning staff and would create unintended negative consequences. 96 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. 7:40 p.m. 1. Non-Agenda Items (limit three minutes) 7:45 p.m. 2. Approval of Minutes 99 97 This page intentionally left blank. 98 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/04/08 Water & Sewer Item #: 2 Estimated Time: Page Number: Department: Governing Body Presenter: District Chairman Kopp Contact: Sheila L. Schult Item Does Not Require Review SUBJECT: Water and Sewer District - Approval of Minutes BRIEF SUMMARY: Approve minutes from the January 22, 2008 Water and Sewer District regular meeting. 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. 99