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Agenda 1999 10-04
NEW HANOVER COUNTY BOARD OF COMMISSIONERS Courtroom 317, New Hanover County Judicial Building 316 Princess Street Wilmington, NC' WILLIAM A. CASTER CHAIRMAN • ROBERT G. GREER VICE-CHAIRMAN ~, BUZZ BIRZENIEKS, COMMISSIONER • TED DAVIS, JR., COMMISSIONER • CHARLES R. HOWELL, COMMISSIONER ALLEN O'NEAL, COUNTY MANAGER' WANDA COPLEY, COUNTY~ATTORNEY • LUCIE F. HARRELL, CLERK TO THE BOARD October 4;1999 ` 6:30 p.m. ' MEETING CALLED TO ORDER (Chairman William A. Caster) . INVOCATION PLEDGE OF ALLEGIANCE NON-AGENDA ITEMS (Limit three minutes) ~ APPROVAL OFCONSENT AGENDA ' ESTIMATED ~ ITEMS OF BUSINESS ~ PAGE . TIMES NO. ~45 .m. ~ 1: U date on Northeast Branch Librar h p p y 1 7:05 p.m. 2. .Consideration of Changes to the Erosion Control and Sedimentation 3 Control Ordinance 7:10 p.m. ' 3. Consideration of Resolution Concerning County Support of Census 2000 31 '7:20 p.m. ~ 4. Meeting of the Water and Sewer District 113 Public Hearin;rs 7:30 p:m. 5.1 Item 1: Subdivision.& Zoning Text Amendment (Continued item) - 35 Request by the Army Corps of Engineers to ,approve amendments requiring the delineation of Federal jurisdiction wetlands and all . ` preliminary subdivision site plans. {A-275,12/96) 7:50 p.m. 5.2 Item 2: Conditional Use B-1 Neighborhood Business (Modification 41 Continued Item) -.Request by Lloyd Brinkley et al to modify an existing conditional use permit approved in October, 1990 to include alternative, uses. The property is anchored. between Oak Ridge i " Lane and Greenview Drive, northwest side of Market Street (Z-416, 9/90 & 7/99) ~AG E N DA 8:10 p.m: 5~.3 Item 3: Rezoning (Continued Item) =Request by Jeff Smerko to rezone 49 4.99 acres located at the northwest corner. of Park and Hinton Avenues from R-15 Residential to Conditional Use O&I Office and Institution.. (Z-676, 7/ 99) 8:25 p.m. 5.4 Item 4: Rezoning -Request by Greenville avenue, LLC for William Zopfi 55 _ to rezone 1.18 acres located afithe southeast corner of Park and Greenville Avenues from R-15 to Conditional Use O&I Office and Institution. (Z-681, 9/99) - ~ ' 8:35 p.m. 5.5 Item 5: Special Use Permit Request by Woodrow Glazier to permit a single wide mobile home located at 2031 Oakley Road in the Wrightsboro Commuruty. (5-447,10/ 99) 8:40 p.m. 5.6 Item 6: Special Use Permit -Request by Howard Capps for Dure Jo Gillikin to permit a child day care facility (pre-school & elementary school) located between Park Avenue and Oleander Drive at 108 Sebrell Avenue (S-444, 9/99) 8:50 p.m. ~~~ ~9 00 p.m. ~~~~~,~,~, X9:10 p.m. 61 67 5.7 Item 7: Rezoning (Continued Item) - Requestby Alton Lennon for Archie 73 McGirt & Gail Batten to rezone 14.78 acres located in the 400 block of Motts Creek Road, from R-15 Residential to R-10 Residential (Z-678, 8/99) 5.8 Item 8: Rezoning - Request by John Wessell for Larry & Maggie Ripa to rezone 5.25 acres located at the northwest intersection of Smith Creek parkway and Highway 132 North (North College Road) from R-15 Residential to O&I Office and Institutional. (Z-679, 8/99) 5.9 Item 9: Rezoning - Request by Elizabeth Properties to rezone 1:65 acres .located in the 5100 block of Carolina Beach Road, east side, from R-15 Residential to O&I Office and Institution. (Z-685, 9/99) 9:25 p.m. 5.10 Item 10: Rezoning - Request by Jon Vincent for Gulfstream Center Properties, LLC to rezone approximately 18.29 acres located in the 5100 block of South College Road, east side, from R-15 Residential and CD (O&I) Conditional Use. District Office and Institution to B-2 Highway Business and O&T Office and Institution: (Z-'683, 9/ 99) 9:50 p.m. 5.11 Item 11; Special Use Permit - Request by Steven Rhodes to permit a paintball club located at 2211 Chair Road, Castle Hayne Community. (5-445, 9/99) 79 89 95 103 9:55 p.m. 5.12 Item 12: Text Amendment = Request by Daclar to amend Section 72-36 109 of, the County Zoning Ordinance permitting indoor/ outdoor recreation establishments in an 0&I Office and Institution Zoning District.(A-3.00, 9/99) MEETING OF THE WATER AND SEWER DISTRICT COURTROOM 317, JUDICIAL BUILDING 316 PRINCESS STREET ' October 4,1999 6:30 p.m.: ITEMS OF BUSINESS 1. Non Agenda Items (limit 3 minutes) 2. Approval of Minutes ADJOURN PAGE '. NO. 113 115 '.J CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS October 4,1999 ITEMS OF BUSINESS . PAGE . . NO. 1. Approval of Minutes 119 2. Approval of Application for Federal and State Assistance -Hurricane 121 FLOYD; Designation of Applicant's Agent ~- 3. Approval of Budget Amendments: , 3.1 #2000-07 Federal Forfeited Property Capital Project 127 3.2 #00-0035 Social Services to transfer the "Good Friends" funds to a 128 . special (balance sheet) account to simplify collection and disbursement - 3.3 #00-0037 Outside Agencies/ Contingency to transfer funds from 129 Contingencies for a contribution to the Lower Cape Fear River Program toward the' cost of educational signs to be installed along the Riverwalk. 3.4 #00-0038 Hurricane Fran to rollover anticipated FEMA revenue and 130 construction expenses related to cell#1 closure not completed 6/30/99 4. Approval of Lease Agreement with State of North Carolina (UNCW) 131 . and the County for Northeast Branch Library 5. Approval for Department of Aging to apply for Home Delivered Meals 139 Program for the amount of $39,601. ~i ° NEW. HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ° f Meeting Date: 10/04/99 Regular Item #: 1 Estimated Time: Page Number: 'Department: Library Presenter: Greg Thompson, Bill Gage . Contact: Patricia Melvin SUBJECT: Presentation and Update on the Status of the Northeast Branch Library Project BRIEF SUMMARY: RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: , ATTACHMENTS: `ITEM DOES NOT REQUIRE REVIEW ~, COUNTY MANAGE ENTS AND RECOMMENDATIONS: Hear presentatio COMMISSIONERS' A TIO S/COMMENTS: . ." rCOUIVN COMMiSSIONF~` APPROVED p REJECTED REMOVED [] 'ROSTPONED p HEARt~ .~ .. to _ ~~ '' 6?ATE ~~. s p~~ ~'~~~rr~~~~ry~gg ~~~'sYlk+m~ili~l ~~~~~- ~- r~ . NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ~~ Meeting Date: 10/04/99 Regular Item #: 2 Estimated Time: Page Number: Department: Engineering Presenter: Dave Weaver/Beth Easley Contact: Beth. Easley SUBJECT: Changes to the Erosion Control and Sedimentation Control Ordinance BRIEF SUMMARY: The 1999 session of the North Carolina General Assembly amended the Sedimentation Pollution Control Act. The major changes to the law are outlined in the attached sheet. These changes necessitate additions/deletions to the County's Erosion and Sedimentation Control .Ordinance. Please note that the County administers the State's sedimentation and erosion control program in order both to provide timely service for the development community and-to ensure that the County's waterways are adequately protected for sedimentation. pollution. The County also has an established appeal process for reduction of the fines. The new ordinance is attached. Additions are shown as bold type and the deletions are marked through with a line. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval; these changes are required by the State for the County to administer the program. , FUNDING SOURCE: ATTACHMENTS: REVIEWED BY: LEGAL: FINANCE: N/A BUDGET: NlA HUMAN RESOURCES: NIA COUNTY MANAGER'S C ENTS AND RECOMMENDATIONS: . Recommend approv~l_ ` ~ , COMMISSIONERS' A S/COMMENTS: - rCOUNTY COMMISSIONERS` APPROVED p REJECTED IO . ~ REMOVED p POSTPONED C/ . HEARD ;; ~ . ~~ ~~~~~~ . 9 ~~.~ ~~~~ ~~.~~~ ~~ ~ I ~ m ~~~~~ o ~.~-~. ~ . ~~~®~ pew ~~,~, ~~~~~~ ~1~'S~ ® ~~, ~ ~ .. ~'~~ ~ ~~ ~~~~ I c. ~ ;~~~1C~~~ fi'1~~93 `~ . ~ ~~~~ 91~~7~~_~~7~ .`t ............... ................... ~-r, , r., ..................................................... r~vG9~:c~nii~C; _, NE~V HANOVER COUNTY SOiL EROSION AND SEDIMENTATION CON'T`ROL ORDINANCE ORDINANCE NO. AN O I RD NANCE TO PROVIDE FOR THE CONTROL OF SOIL EROSION AND SEDIMENTATION NOW, THEREFORE BE IT ORDAINED by the Board of Commissioners of the County of New Hanover. Section 7-1 Title This ordinance may be cited as the New Hanover County Soil Erosion and Sedimentation Control Ordinance. Section 7-2 Purposes This .ordinance is ,adopted for the purposes of: (1) regulating certain land-disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation; and, (2) establishing procedures through which these purposes can be fulfilled. Section 7-3 Definitions As used in this ordinance, unless the context clearly indicates otherwise, the follotiving definitions apply: A. Accelerated Erosion -means any increase over the rate of natural erosion as a result of land-disturbing activity. B. Act -means the North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it. C. Adequate Erosion Control Measures, Structure, or Device -means one which controls the soil material within the land area under responsible control of the person conducting the land-disturbing activity. D. Affiliate -has the same meaning as in I7 Code of Federal Regulations Sr " 240. I2 (b)-2 (1 June 1993 Edition)., which defines "affiliate" as a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another pexson. . E. Being Conducted -means gland-disturbing activity has been initiated and pernanent stabilization of the site has not been completed. F. Borrow -means fill material which is required for "on-site construction and is " obtained from other locations. G. Buffer Zone -means the strip of land adjacent to a lake or natural watercourse. H. Coastal Counties -means the following counties: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans; Tyrrell and Washington. " I. - Commission -means the North Carolina Sedimentation Control Commission. J. Completion of Construction or Development -means that no further land= disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover. K. Department -means the North Carolina Department of Environment, Health, and Natural Resources.. L. Director - 'means the Director of the Division of Land Resources of the Department of Environment, Health and Natural Resources. M, ~ Dischar e Point -means that point at which runoff leaves a tract of land. N. District -means the New Hanover County Soil and Water Conservation District created pursuant to Chapter 139, North Carolina General Statutes. O. Energy Dissipater - means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes of conduits to receive and. break down the energy from high velocity flow. - P. Erosion -means the wearing away of land surface by the action of wind, water, gravity, or any combination thereof. - -2- . 7 Q. Ground Cover =means any natural vegetative growth, or other material which . renders the. soil surface stable against accelerated erosion. } R. High Quality Waters -means those classified as such in 15A NCAC \ ./ 2B.0101(e)(5) -General Procedures, which is incorporated herein by-reference to include further amendments pursuant to G.S. 15OB-14(c). 8 S. High Quality Water (HQW) -Zones -means areas. in the Coastal Counties that- are within 575 feet of High Quality Waters and.for the remainder of the state areas that are within one mile and drain to HQW's. T. Lake or Natural Watercourse -means any stream, river, brook, swamp, sound, bay, creek, run; branch, canal,. waterway, estuary,- and- any reservoir, lake or .pond; natural or impounded, in which sediment may be moved or.carried in suspension, and which could be damaged. by accumulation of sediment. U. Land-Disturbing Activity -means any use of the land by any person in residential, industrial, educational, institutional, or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to ,. sedimentation. . ~ -. V. Local Government -means any county, incorporated village, town, or city, or .any combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of the Act. . W. Natural Erosion -means the wearing away of the earth's surface by water, wind, or other natural agents under natural environment conditions undisturbed by man. X. Parent -has the same meaning as in 17 Code of Federal Regulations & 240.12 (b)-2 (1 June 1993 ~ Edition),, which defines- ".parent" as an affiliate that directly, or. indirectly through one or more .intermediaries, controls another person. Y. Person - means any ndividual,,partnership, firm, association, joint venture, public or private corporation, trust estate, commission, board, public or private institution, utility, caoperative, interstate body, or other legal entity. Z. Person Responsible for the Violation - as used in this Ordinance, and G.S. 113A-65 means. -3- (l) the developer or other person who has or holds himself out as having financial or operational control over the land-disturbing activity; or (2) the landowner or person in possession or control of the land when he has directly or indirectly allowed the land-disturbed activity or has benefitted from it or he has failed to comply with any provision of this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act as imposes a duty upon him. - AA. Person Conducting Land-Disturbing Activity -means any person who may be . . held responsible for a violation unless expressly provided otherwise by this Ordinance, the Act or any order adopted pursuant to this. Ordinance or the Act. BB. Phase of Grading -means one or two types of grading, rough or fine. CC. Plan -means an erosion and sedimentation control plan. DD. Sediment =means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. E£. Sedimentation -means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land- disturbing activity or into a lake or natural watercourse. FF. Siltation -means sediment resulting from accelerated erosion ~ehich is able to settle or removable by properly designed, constructed, and maintained control :measures.; and which has been transported from its point or origin within the site of gland-disturbing activity; and which has been deposited, or is in suspension in water. GG. Storm Drainage Facilities- means the system of inlets, conduits, channels ditches and appurtenances which serve to collect and convey storm water through and from a given drainage area. HH. Storm Water Runoff -means the direct runoff of water resulting from precipitation in any form. Ii. Subsidiary -has the same meaning as in i 7 Code of Federal Regulations &. 240.12(b)-2 (1 June 1993 Edition), rvhiefi defines "subsidiary" as an `~ _a_ ~. affiliate that is directly, or indirectly through one or more lnterinediaries, controlled by another person. ~ ~ ' A J~. Ten-Year Storm -means the'surface runoff resulting from a rainfall of an intensity expected to' be equaled or exceeded,. on the average, once in ten years, and of a duration which will produce the maximum.peak rate of~runoff, from the watershed of interest under average antecedent wetness conditions. lQ~. Tract -.means all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. LL. Twenty-five Year Storm -means the surface runoff resulting- from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in 25 years, and of a duration which will produce the maximum peak rate of runoff, from the watershed of interest under average artecedent wetness .conditions. MM. Uncovered -means the removal of'ground cover from; on, or above the soil surface. NN: Undertaken -means the initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of land: 00. Velocity -means the average velocity of flow through~the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be ~tliat area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main cliannel~banks. Overload flows''are~not to be included for the purpose of computing velocity of flow. PP. Waste -means surplus materials resulting from on-site construction and disposed of at other ,locations: ~ ' QQ. Working Dam -means days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land-disturbing activity to be undertaken. ~ ' Section 7-4 . Scope and Exclusions This ordinance shall apply to land-disturbing activities undertaken by any person, with the following exclusions: -5= • • • A. those undertaken on agricultural land for the production of plants and animals useful to man, including but not limited to: forage and sod crops, grain and feed crops, tobacco, cotton and peanuts; dairy animals and dairy products; poultry and poultry products, livestock, including beef cattle, sheep, swine, . horses, ponies, mules or goats, including the breeding and grazing of any or all such animals; bees and apiary products; fur producing animals; and B. those undertaken on forest land for the production and harvesting of timber and timber products and which are conducted in accordance with Forest Practice Guidelines Related to Water Quality (best management practices) as adopted by the Department. If land-disturbing activity undertaken on forest land for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this ordinance shall apply to such activity and any. related land-disturbing activity on the tract; and C. activity undertaken by persons as defined in G.S. 113 A-52(8) who are, otherwise regulated by the provisions of The Mining Act of 197]. , G.S. 74-46 through G.S. 74-68; and D, land-disturbing .activity over which the State has exclusive regulatory jurisdiction as provided in G.S. T 13A-5b(a). B. ~ for the duration of an exnerg~ncy, activities- essential to protect human life. . Section 7-5 General Requirements A. Plan Required - No person shall initiate any land-disturbing activity which uncovers more than one acre without having an erosion control plan approved by the County. No land disturbing activity array be initiated until the County is notified of the date that the land disturbing activity will begin. B. Protection of Property -Persons conducting land disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity. C: ~ More Restrictive Rules Shall Apply -Whenever conflicts exist between federal, state, or local laws, ordinances, ar rules, the more restrictive provision shall apply. -6- 1.1 D. .Building Permits - No building perrriit, unless excluded:by Section 17 of this 'Ordinance, shall be issued without an erosion controlaign-off pursuant.to G.S. 1:53A-357 and 160A-417. as amended:. ~ / E. ' Inspections =Any: and all, applicable intermediate inspections may beheld in any trade (building, mechanical, electric and/or: plumbing) if any land disturbing activity, on a tract, including single family residences, is found not -~to be in compliance-with any part of this ordinance. F. Building Finals,- Building finals and/or Certificate of :Occupancies may not be issued if any.land disturbing activity, including single family residences., is found not to be in compliance with any part of this ordinance. Section 7-6 Basic Control Objectives An erosion and sedimentation control plan may be disapproved pursuant to Section 7-18 of this ordinance if the.-plan fails to address the following control objectives. ~ ~ ~ . A. Identify Critical Areas - On-site areas which are subject to severe erosion, and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation are to be identified and receive special attention. B. Limit Time .of Exposure -All land-disturbing activity is, to be planned and conducted to limit exposure to the shortest feasible time. C. Limited E,:posed Area -All land-disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time. D. ~ Control Surface Water -Surface water runoff originating upgrade of exposed areas should be .controlled to reduce erosion and sedinnent, loss during the period of exposure. E. Control Sedimentation -All land-disturbing activity is to be planned and conducted so as to .prevent off-site sedimentation damage.. F. Manage Storm Water Runoff -When the increase in the velocity of storm -water runoff resulting from eland-disturbing,activity is sufficient to cause , accelerated erosion of the receiving;watercourse, plans afe to include measures to control the velocity to the point of discharge so as tominimize accelerated _~. 12 erosion of the receiving watercourse, plans are to include measures to control the-velocity to the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream. G. When deemed necessary by the County, a preconstruction conference . may be required. Section 7-7 Mandatory Standards for. Land-Disturbing Activity No land-disturbing activity subject to the control of this ordinance shall be undertaken except in accordance with the following mandatory standards: A. Buffer Zone 1. No land-disturbing activity during period of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the .. watercourse of sufficient width to confine visible siltation within the twenty-five percent (25%) of the buffer zone nearer the land-disturbing activity. Waters that have been classified as trout waters by the Environmental Management Commission shall have an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation . within the twenty-five percent (25%) of the buffer zone nearest the land-disturbing activity, whichever is greater. Provided, however, that New Hanover County may approve plans which include land-disturbing activity along trout waters when the duration of said disturbance would be temporary and the extent of said disturbance would be minimal. This subdivision shall not apply to aland-disturbing activity in connection with the construction of facilities to be located on; over, or under a lake or natural watercourse. 2. Unless otherwise provided, the width of a buffer zone is measured from . the edge of the water to the nearest edge of the disturbed area, with 25 percent of the strip nearer the land-disturbing activity containing natural or artificial means of confining visible siltation. 3. The 25 foot minimum width for an undisturbed buffer zone adjacent to designated trout waters shall be measured horizontally from the top of . the bank. ' • .g_ _13 4. Where a temporary and minimal disturbanceis permitted as an exception by Section 7 (a) (1) of this- ordinance, land-disturbing activities in the buffer zone adjacent to designated trout waters shall be limited to a maximum of 10%.of the total length of the buffer zone within the tract to be distributed such that there is not more than 1001inear feet of disturbance in each 1,000 linear feet of buffer zone. Larger areas maybe disturbed with the written approval of the Director. 5. No land-disturbing activity_shall be undertaken within a buffer zone adjacent to. designated trout waters that will cause"adverse temperature fluctuations, as set forth in 15`NCA.C 2B.0211 "Fresh Surface Water Classification and Standards", in these waters. B.. Graded Slopes and Fills -The angle for graded slopes and fills shall be no greater than the angle, from zero to nineteen degrees; which can be retained by vegetative cover or other adequate erosion control devices or structures. Only, when approved by the County may slopes be steeper 'than two foot of . run to one. foot of rise. In any event, slopes left exposed will, within 15 ~ working days or 30 calendar days, ~vvhichever is shorter, of completion of any phase of grading, be planted or .otherwise provided with ground'cover, devices, or structures sufficient to restrain erosion. -, C. Ground. Cover -Whenever land-disturbing activity is undertaken on a tract comprising more than one acre, if more than one acre is uncovered, the person conducting the land-disturbing activity shall install such sedimentation and erosion. control, devices and, practices as are sufficient to retain the sediment generated,by the land-disturbing activity within the boundaries of the tract during construction upon and development of said tract,` and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in Section 7- 8(b)(5)of this ordinance, provisions for aground cover sufficient to restrain . erosion must be accomplished within 30 working days or 120 calendar days following completion of construction or development whichever period is shorter. 14. D, Prior Plan Approval,-, No person shall initiate any'land-disturbing activity on a tract if moxe than one acre is to be uncovered unless, thirty or more days prior to initiating the activity, an erosion and sedimentation control plan for such ,activity must be both ~ filed with and approved by the County. The County -9- r~ shall forward to the Director of the Division of Water Quality a copy of • each erosion and sedimentation control plan for a land disturbing activity that involves the utilization of ditches for the purpose. of dewatering or lowering the water table of the tract. E . Section 7-8 Design arid Performance Standards A. Except as provided in Section 7-8(B)(2) of this ordinance erosion and. sedimentation control measures, structures, and devices shall be so planned, designed, and constructed as to provide protection from the calculated maximum peak of runoff from the ten-year storm. Runoff rates shall be calculated using the procedures in USDA, Soil Conservation Service's "National Engineering Field Manual for Conservation Practices", or other .acceptable- calculation procedures. B. In High Quality Water (HQW) zones; the following design standards shall apply. 1. Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the boundaries of the tract of 20 acres. Only the portion of the land-disturbing activity within a HQW zone shall be governed by this section. Larger areas may be uncovered within the boundaries of the tract with the written approval of the Director. 2. Erosion and sedimentation control measures, structures, and devices within HQW zones shall be so planned, designed and constructed to provide protection from the run off of the 25 year storm which produces the maximum peak rate of run off as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service's "National Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency of this state or the United States or any generally recognized. organization or association. • - 10 - 15 3. Sediment basins within ~HQW zones shall be designed and constructed such that the basin will have a settling efficiency of at least 70% for .the 40 micron (0.04mm) size soil particle transported-into the basin by the runoff of that two-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States ' ~ Department of Agriculture Soii Conservation Services ".National .. Engineering Field~Manual for Conservation Packages" or:aecording to ~~procedure's adopted by any other agency of this state or theUnited States or any.generally recognized organization or association.' 4. Newly constructed open channels .in HQW~~zones:shall be designed and constructed with side slopes no steeper than three horizontal t.o one vertical if a vegetative cover is fused for stabilization unless soil ~ . conditions permit a steeper slope'or where.theslopes are stabilized by using mechanical devices, structural devices,, or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion. ' 5 . Ground cover sufficient to restrain erosion must be provided for any portion of aland-disturbing activity in a HQW zone within 15 working days or 60 calendar days following completion of construction or development, whichever period is shortex. Section 7-9 -Storm Water Outlet Protection A. Persons shall conduct land-disturbing activity so that the post constnuction velocity of the ten-year. storm runoff in the receiving watercourse to the discharge point does'not exceed the greater of: 1. the velocity established by the table in Paragraph ~(d) of this Section; or 2: the velocity of the ten-year storm runoff in the_receiving.watercourse prior to development. If conditions ('1) or (2) of this paragraph cannot be met, then the receiving watercourse to and including the discharge point-shall be designed and ' constructed to withstand the expected~velocity anywhere the velocity exceeds the "prior to development" velocity by 10%. 1:6 -11- ~/ • B. Acceptable Management Measures -Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. The Commission recognizes that the management of stormwater runoff to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and maybe used when shown to have the potential to produce successful results. Some alternatives are to: (l) avoid increases in surface runoff volume and velocity by including measures to promote infiltration. to compensate for increased runoff from areas rendered impervious_ (2) avoid increases in stormwater discharge velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections. (3) provide energy dissipaters at outlets of storm drainage facilities to . reduce flow velocities to the point of discharge. These may range from simple rip-rapped sections to complex structures. (4) protect watercourses subject to accelerated erosion by improving cross sections and/or providing erosion resistant lining. C. Exce tp ions -This rule shall not apply where it can be demonstrated that stormtivater discharge velocities will not create an erosion problem in the receiving watercourse. D. The following is a table for maximum permissible .velocity for storm water discharges: Maximum Permissible Velocities Material - F.P.S. M.P.S. - Fine sand (noncolloidal) 2.5 .8 Sandy loam (noncolloidal) 2.5 .8 . Silt loam (noncolloidal} 3.0 .9 Ordinary firm loam : ~ 3.5 l . I -Fine gravel 5.0 1.5 Stiff clay (very colloidal) 5.0 1.5 Graded, loam to cobbles (noncolloidal) 5.0 1.5 . Graded,. silt to cobbles (colloidal) ~ 5.5 1.7 -I2- 17 ' - a e -` Maximum Permissible Velocities P S M ~ F.P S l ~ ri Mat _ . . . . . Alluvial silts (noncolloidal) .3.5 . l.~l - Alluvial silts (coll'oidal) ~ 5.0 ~ ~ 1.5 ' Coarse gravel (noncolloidal) ~ ' 6.0 `' ' l • 8 .Cobbles and shingles 5.5 ~ 1..7 - . Shales and hard pans 6.0 1.8 18 Souxce ='Adapted from recommendations by Special Committee on Irrigation Reseaxch, American Society of Civil Engineer; 1926, for.channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous .; . channels: - Section 7-10 Borrow and Waste Areas When the person condueting'the land-disturbing activity is :also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus material's other'than landfills regulated by the . Department's Division of'Solid Waste Management shall be considered as part of the land-disturbing activity where the borrow material is being used or from tivhich the waste material originated.' When the person conducting the land-disturbing.aetivity is not the person obtaining the borrow and/or disposing of the. waste, these ,areas shall be considered a separate land-disturbing activity. Section 7-I1 Access and~l-Taal Roads Temporary access and haul roads, other than public roads, constructed or used in connectiori`with any land=disturbing .activity shall be considered a part of such activity. Section 7-12 Operations in Lalces, Natural Watercourses Land-disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse shall be planned and conducted in such a, manner as to , minimize the extent and duration of disturbance of the stream channel. The relocation of a stream, where relocation is an essential part of'the proposed activity, -13- .. shall be planned and executed so as to minimize changes in the stream flow characteristics, except when justification for significant alteration to flow characteristics is provided. Section 7-13 Responsibility for Maintenance During the development of a site, the person conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this Ordinance, ~ the Act, or any order adopted pursuant to this C'~rdinance or the Act. After site development, the land owner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right-of-way or easement accepted for maintenance by a governmental agency. Section 7-~ 3.1 Restoration of Areas Affected by Failure to Comply Ne~v ~lanover County may require a persmn who engaged in aland-disturbing activity and failed to retain. sediment generated by the activity, as required by G.S. 1 J.3A-57(3), to restore the waters and land affected by the faiinre so as to minimize th.e detrimental effects of the resulting pollution by. sedimentation. 'his authority is in addition to any other civil ar criminal penalty or injunctive relief authorized. ~xnder this Ordinance. Section 7-14 Additional Measures Whenever the County determines that significant sedimentation is occurring ` as a result of land-disturbing activity, despite application and maintenance of protective practices, the person conducting the land-disturbing activity will be .required to and shall take additional protective action. .Section 7-15 Areas Not Otherwise Covered Not~,vithstanding previous provisions when it is determined that severe off site erosion and/or sedimentation occur as a result of any land-disturbing activity, regardless of the size of the site, remedial action shall be taken within a reasonable time period after notification. Notification of violation shall be submitted in writing by the County Engineering Department and receipted by the owner or agent ~ 19 responsible for the damage. All other erosion control regulations in this ordinance shall be applicable if Section~7-15 is violated,. except for the need of . a permit, regardless of the size of the site. Section 7-16 Existing Uncovered Areas A. All uncovered areas existing on the, effective date of this ordinance which, resulted from land-disturbing activity, exceed one acre, are subject to. ' continued accelerated erosion, and are causing off site damage from sedimentation, shall be.provided with a ground cover or other protective measures, structures, or:devices sufficient to restrain accelerated erosion- and control off-site sedimentation... , B. The County will serve. upon the landowner or other person in possession or ' control of the land a written notice of violation by registered or certified mail, return receipt requested; or other means reasonably calculated to give actual notice.. The notice will set forth the measures needed to comply and will state the tune within tivhich such measures must be completed. In determining the ' measures required and the time allowed for, compliance, the authority serving notice shall take into consideration the economic feasibility, technology, arid~ ° quantity of work required, and shall set reasonable and attainable time limits of compliance. C. The County reserves the right to require preparation and approval of an erosion control .plan in any instance where extensive control measures are required. D. This. rule shall not require ground cover on cleared land forming the future basin of a planned reservoir. Section 7-17 Permits A. No person shall undertake any land=disturbing activity subject to this '~ ordinance without fixst obtaining a permit~~z~ from the County, except that no~permit shall be required for any land-disturbing activity: (1) -for the purpose of fighting fires; or ' (2) for the stock piling of raw or processed'sand, stone or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off-site damage; or -15- 20 i. ~ . (3) that does not exceed 43,560 square feet in surface area. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. Development of any portion of a unit, where the unit exceeds an acre, will require a permit irregardless of the size of the portion. If activity begins on a portion of said unit without a permit, the development will be in violation of this ordinance. (4) Phased development information must be filed with. the Engineering Department prior to construction on a site that has a potential to exceed an acre in the future, but is not disturbing an -acre presently. This agreement will state that if any additional activity proceeds on site in the future, a permit will be applied for if the total of the site work is an acre: All past ar~d future site work will be included in this acreage total: • B The County has established the following rate schedule for the permit fee: Acres Fee Acres Fee 1.00 - 1.49 $25:00 5.50 - 6.49 $150.00 1.50 - 2.49. $50.00 ~ 6.50 - 7.49 $175.00 2.50 - 3.49 $75.00 7.50 - 8.49 $200.00 3.50 - 4.49 $100.00 8.50 - 9..49 $225.00 4.50 - 5.49 $125.00 9.50 .- 10.00 ~ $250.00 - 1b - 21 (NOTE: THIS EXCLUSION FROM PERMITS SHOULD ALLOW LAi~1D-DISTURBING ACTIVITIES FOR CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ON A SINGLE LOT, BUT MA.Y NOT EXCEED ONE ACRE. REGARDLESS OF THE SIZE OF THE SITE, EROSION MUST BE CONTAINED ON THE SI'Z'E OR REMEDIAL ACTION SHALL BE TAKEN.) Over ten (10) acres additional $50 per acre. C. The County may establish. a fee schedule for the review and approval of exosion control plans. In establishing a fee schedule, the County shall consider the administrative and personnel cost incurred by the Department for reviewing the plans and for related compliarice activities. D. Permits will expire one year from the date of issue if no construction activity begins on site. If activity`ceases on a permitted site for a period of l2 months, the permit will expire. Expired permits 'must be reactivated by contacting the Engineering Department at any time within 7 years of permit issuance prior to work on the site. Permits may not be amended or transferred to another party without approval from the Engineering Department. ~~ ~ . Section 7-18 Erosion and Sedirrientation Control Plans ~ ' ' A. An erosion control plan shall be prepared'for all land=disturbing activities subject to this ordinance whenever the proposed activity is to be undertaken on a tract comprising more than one acre, ~if more than one acre is to be uncovered. The plan shall be filed ,with the County Engineering Department, the New Hanover Soil and Water Conservation District, and for areas outside municipal corporate limits,, the Courny Planning Department, at least 30 days prior to the. commencement of the. proposed activity. B. Persons conducting land-disturbing activity on a tract which covers one or more acres shall file three copies of the erosion control -plan with the County at least 30 days prior to beginning such activity and shall keep another copy of the approved plan and a posted copy of the pern~.it at 'the job entrance on the ~~ ~~'~ ~~ `~'~ job site before construction begins. A fourth plan is required if this activity is to take place inside the City limits.. After approving the plan, if the County either upon review of such plan or on inspection of the job site, determines that a significant risk of accelerated erosion or offsite sedimentation exists, the County will require a revised plan. Pending the preparation of the revised plan, work -shall cease or shall continue under conditions outlined by the appropriate authority. ' C. Erosion control plans may be disapproved unless accompanied by an authorized statement of financial responsibility and o'nership.-;This statement shall be signed by the person financially responsible for the land- disturbing ;activity or his attorney in fact. The'statement shall include the mailing and street addresses of -the principal place of business of the person .financially responsible ,and of the owner of the' land or their registered agents. If the person financially responsible is not a:residerit of North Carolina`, a North Carolina agent must be designated in the statement for the purpose of receiving Notice of Compliance or Non-Compliance with the plan, the Act; this ordinance, or rules or orders adopted or issued pursuant to this ordinance. - 17 - 22 D. The New Hanover Soil and Water Conservation District and the County Planning Department within 20 days of receipt of any plan, or within such additional time as may be prescribed by the County Engineering Department, shall review such plan and submit its comments and recommendations to the County Engineering Department. Failure of the Soil and Water Conservation District and the County Planning Department to submit its comments and ` recommendations within 20 days or within the prescribed additional time will not delay final action on the plan. E. The County will review each complete plan submitted to them and within 30 days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved vrith performance reservations, or disapproved. The County shall condition approval of an erosion control plan upon the applicants compliance with Federal and State Water Quality laws, regulations, and rules. The County shall also disapprove an "erosion control plan if implementation of the plan would result in a violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. Failure to approve, approve with modifications, or disapprove a complete erosion and sedimentation control plan within 30 days of receipt shall be deemed approval. ~ Disapproval of ~ an erosion control plan or a revised erosion . control plan must specifically'state in writing the reasons for disapproval. The County must approve sr-~}~, approve with . modifications, or disapprove a revised plan within 15 days of receipt, or it is deemed to be approved. If, following commencement of aland-disturbing activity pursuant to an approved plan, the County determines that the plan is . inadequate to meet the xequirements of this ordinance, the County may . require .any s~-elr revisions that is ~--~e necessary to comply with this ordinance. Failure to approve, approve with modifications, or disapprove a revised erosion control plan within 15, days of receipt will be deemed approval of the plan. The County may establish an expiration date for erosion control plans approved under this article. F. - Any plan submitted for aland-disturbing activity for which an environmental -document is required by the North Carolina Environmental Policy Act (G.S. 113A- l , et seq.) shall be deemed incomplete until a complete environmental document is available for review. 't'his documentation must include ` C..A.M.A. areas, Conservation Dverlay Districts, delineated wetlands, riparian buffers or any other environmentally sensitive areas associated vv~ith the project. The County shall promptly notify the person submitting -18- 23 the plan that the 30-day time limit for.review of the plan pursuant to .Section 17=18(e) of this ordinance shall not begin until a complete envronmentah document. is available for .review. - G. The plan required by this section shall, contain architectural and engineering drawings, maps; assumptions, calculations,.and narrative statements.as needed ' to adequately describe the proposed development of the tract. and the measures planned to comply with the requirements of this ordinance.. Plan content may vary to meet the needs of specific site requirements. Detailed `guidelines for plan preparation maybe obtained from the County, on request. ,. H. Ari erosion control plan may be disapproved upon a finding... that an applicant, or a parent, subsidiary, or other affiliate of the applicant: ,--j~~~ ~~ ,. 1. is conducting or has conducted land-disturbing activity without an approved plan, or has .received notice of violation. of a plan previously approved by the Commission or a local government pursuant to the Act and has not complied with the notice within the time specified in the notice; :: , . 2. has failed to pay a civil penalty assessed pursuant to the l~ct or a local ordinance .adopted pursuant to the Act ~-~-~zD~=PVi le~iv ~ , by the time the payment is due; 3. ~ .has been convicted of a misdemeanor pursuant to G.S. 113A-b4(b) or any criminal provision of a local ordinance. adopted pursuant to the Act 4. has .failed to substantially comply with State rules or local ordinances and regulations adopted .pursuant, to the Act, 24 for purposes of this subsection (H) an applicant's record may be considered for only two years prior: to the application date. 1. Applications for. amendment of an erosion control plan in written and/or graphic; form, maybe made at any time under the same conditions as the original application: Until ouch time as said amendment is approved by the County; the land-disturbing activity.shall~not proceed e:~cept in accordance with the erosion control plan as originally approved: A.x3.y ~previoizsly - ].9 - permitted site that requires a revision or additional drainage or land . disturbing work no matter what size, must submit an amended erosion ._ control plan for approval prior to any changes on site. J. Any person engaged in land-disturbing activity who fails to file a plan in accordance with the ordinance or who conducts aland-disturbing activity .except in accordance with provisions of an approved plan shall be deemed in violation of the ordinance. Section -7-19 A eals A. Except as provided in Section 19(b) of this ordinance the appeal of a disapproval. or approval with modifications of a plan shall be governed by the following provisions: 1. The disapproval or modification of any proposed erosion control plan by .the County shall entitle the person submitting the plan to a public hearing if such person submits written demand for a hearing within 15 days after xeceipt of written notice of disapproval or modifications.. 2.. Hearings held pursuant to this section shall be conducted by the New • Hanover County Engineer within ten days after the date of the appeal . or request for a hearing. 3. The New Hanover County Engineer shall make recommendations to the Board of New Hanover County Commissioners, within ten days after the date of the hearing on any erosion control plan. - 4. The Board of New Hanover County Commissioners will render its final decision on any erosion control plan upon which a hearing is requested ' within 30 days of conducting the hearings. 5. If the County, upholds the disapproval or modification of a proposed soil erosion and sedimentation control plan following the hearing, the person submitting the plan shall then be entitled to appeal the New Hanover County decision to the North Carolina Sedimentation Contxol Commission as provided in Section 113A-61(c) of the General Statutes and Title 15 NCAC 4B.0018(b). B. In the event that an erosion control plan is disapproved pursuant to Section 7- 18(h) of this ordinance, the County shall notify the Director of the Division of - -20- 25 Land,Resources of such disapproval within ten, days. The County shall advise the applicant and the' Dixector in writing as to the specific reasons that the plan was disapproved.: The applicant. may. appeal the County disapproval of \ the plan pursuant to Section 7-18(h) of this ordinance directly to the Commission: :: : . . ~ ,. Section 7-20 Inspections .and Investi atg ions A. Agents and officials, or other qualified persons authorized by the County, will periodically inspect the sites of land-disturbing activity to -',.~,.~~e; ensure compliance with the Act, this ordinance, or rules or orders adopted or issued pursuant to this ordinance, and to determine whether the activity is. being conducted in accordance with an approved plan and whether the measures required in the plan are effective in controlling erosion and'sediment resulting from land-disturbing activity. Notice of the right to inspect shall be included in the notification of plan approval. B. If; through inspection; it isdetermined that a person.engaged in land- disturbing: activity has failed~to comply with the Act; this ordinance, or rules or orders adopted or issued pursuant to this ordinance, or has failed to comply tivith an approved plan, a notice of.violation shall be served upon that person `; . by, registered or certified mail or other means reasonably calculated to give actual notice. The notice shall set forth the measures necessary to .achieve compliance with the plan, specify a reasonable time period within which such measures' must be completed, and warn that failure to correct the violation within the time period~will result in~ additional civil and crirriinal penalties for a continuing violation. .~ e~-€a ~. However, no tune period for compliance need be given for failure to submit an erosion control plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. If the person engaged in land-disturbing activity fails to comply within the time specified, enforcement action shall be initiated:. ~ ~ ~ ~ ~ : C. The .County, shall. have. the power to conduct such investigations as it may . reasonably deem necessary to carry out its duties as prescribed in' this ordinance; and .for this purpose Ito enter at reasonable times. upon any property, pubic or private, for the purpose of investigating and inspecting the sites of any land-disturbing activity. No person shall refuse entry or access to any authorized representative o"r agent of the County, who requests,eaztry for ~. . , ~. 26 -2I - purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties. D. The County shall also have the power to require written statements, or the .filing of reports under oath, with respect to pertinent questions relating to ' land-disturbing activity. Section 7-21 Penalties A. Civil Penalties (1) Any person who violates any of the provisions of this ordinance, or rules or orders adopted or issued pursuant to this ordinance, or order adopted or issued pursuant to this article by the Commission, or who initiates or continues aland-disturbing activity for which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, shall be subject to a civil . penalty 1 this-,..~iai~r: The maximum civil penalty for a violation is five ~. thousand dollars ($5fl~®.{10). A civil penalty may be assessed from the date of violation. Each day of a continuing violation shall constitute a separate violation. The person alleged to be in violation l~s will be bee~~t notified of the violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice shall describe the violation with reasonable particularity; specify a .. reasonable time period within which the violation must be corrected, ' ~ and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. lf, after the allotted time period has expired, the violator has not completed corrective action, a civil penalty may be assessed from the date e~-rt'ee`rpt of the notice of violation. However, no time period for compliance need be given for failure to submit an erosion control plan for approval or for obstructing, hampering or interfering with an . authorized representative while in the process of carrying out his official duties. Each day of continuing violation shall constitute a separate . ~ violation. • -22- 27 - (2) ' The County Manager or his designee b shall determine the amount of the civil penalty to be assessed under this subsection . and' shall. notify the person • . ' 'who is assessed the civil penalty of-the amount of the penalty and the reason for assessing the penalty. In determining the amount of the penalty the County Manager or his designee shall consider the degree and extent of harm caused by the violation and the cost of rectifying the damage., the amount of money the violator . saved by non-compliance, whether the violation was committed .- willfully, and the prior record of the violator in complying or failing to comply with this ordinance and shall direct.the violator to either pay the assessment or"contest the assessment within 30 -days after the receipt of the notice of assessment, by written demand for a'hearing before.the Board-of County Commissioners. Notice 'of the assessment shall.. be by .registered or ;certified-mail or other ' means reasonably calculated to give actual notice..~-t~ .. , ~,_ ~ - CLJ J,1..1 u v av~a..vv.. (3) Any appeals from the deteratiination of the Boaxd of County C©xnmissioners must be filed with the Superior Court- of New Hanover County within thirty. {30) days following the Board's issuance of its fina'1 determination. If payment is not received or equitable settlement reached within 3~:'days after. demand for payment is made, the matter shall. be referred to the County Attorney for institution of a civil action in the name of. the County in the appropriate division of the General Courts of :Justice for ' "recovery of the Penalty.: A civil action must,be filed.within three {3) years of the date the assessment was due. An assessment that is -not contested is dixe when the violator.is served with a Notice of Assessment. Ari assessment that is contested is due at the " - conclusion of the administrative and judicial review of the assessment. -23- 28 ~. ~ (4) Civil penalties collected pursuant to this ordinance shall be ~rse~-e~ . .credited to the general fund of the County as nontax revenue. B. Criminal Penalties Any person who knowingly or willfully violates any provision of this ordinance, or rule or order adopted or issued pursuant to this ordinance, or who knowingly or willfully initiates or continues gland-disturbing activity for which an erosion control plan is required except in accordance with terms, conditions, and provisions of an approved plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed $5,0®0. p~rr~ie FLU ~~ uQy~, ~~ ~y u ~..... ~.~~ ~v .,.,......~..~~,...,......_ Section 7-22 ln~unctive Relief A. Whenever the governing body has reasonable cause to believe that any person is violating or threatening to violate this ordinance or any rule or order adopted or issued pursuant to this ordinance, or any term, condition, or provision of an approved erosion control plan, it rnay, either before or after the institution of any other action or proceeding authorized by this ordinance, institute a civil action in the name of the County, for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Superior Court of New Hanover County. B. Upon determination by a court that an alleged violation is occurring or is threatened, it shall enter such orders or judgments as are necessary to abate the violation to ensure that restoration is performed, or to prevent the - threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this ordinance. • -24- 29 Section 7-23 Severability ~ ~ ' ' If :any section or sections of this ordinance is/are held to be invalid or unenforceable;' all other sections shall nevertheless continue in .fullforce and effect. Section 7-24 Revisions The County shall incorporate revisions required by the Commission following receipt of the required revisions.' ~~ a r Section 25 Effective Date ~ ' Adopted this. day of '' , 19 NEW I-7A.NOVER COUNTY sy: Title: ~ ~ - Attest: ~ ~ - ~ .. Cleric - ~ - 30 - 2s - n .~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS . REQUEST FOR BOARD ACT10N Meeting Date: 10/04/99 Regular Item #: 3 Estimated Time: Page Number: Department: County Manager Presenter: Contact: Allen O'Neal SUBJECT: Consideration of Resolution Concerning County Support of Census 2000 .BRIEF SUMMARY: . The North Carolina Association of County Commissioners has adopted a resolution supporting the 2000 census. The Association is requesting support from all 100 counties of a similar resolution. An accurate census is critical to all counties. Local governments depend upon accurate census data for support of critical programs from the Federal and State level. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recornmend adoption of the attached resolution. FUNDING SOURCE: ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW. COUNTY MANAGER'S COMMENTS AND REC ENDATIONS: Consider adoption of attached resolution. COMMISSIONERS' ACTIONS/COMMENTS. rCOUNTY COMMIS~- IOi APPROVED l~~ r, REJECTED Q REMOVED POSTPONED HEARD DATE ~ ~ u ~~~G_..~.; „~,, 31 RESOLUTION' OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS COUNTY SUPPORT OF CENSUS 2000 WHEREAS, questionnaires for the U.S. Census 2000 will be delivered to residents of north Carolina in March of 2000, and WHEREAS, many residents may not know that individual Census responses are private and cannot be shared outside the Census Bureau, just as they may not know about the important relationship between their return of census. questionnaires and.key services in their communities, as well as the fimding.to support these services; and, .. ~. WHEREAS, millions of dollars in federal and state funds are allocated across North Carolina based on Census results, including funds for education and school facilities, community development,,, health care services, aging programs and job training; and, ~ ' WHEREAS, accurate Census data helps counties, other local governments and community organizations more adequately develop short-term and long-range action plans, siting of facilities and service priorities to meet local needs; and, WHEREAS, many counties have populations of residents that are particularly hard to reach; .such as transient or seasonal workers, illiterate residents, non-English speaking communities, the homeless and residential students; and, WHEREAS, counties have been invited to work closely with U.S. Census officials in planning for and implementing Census 2000. NOW, THEREFORE BE IT RESOLVED that the New Hanover County Board of Commissioners urges the residents of New Hanover County to participate in and support Census 2000. Adopted this the 4th day of October, 1999 William A. Caster, Chairman = Attest: ~~s~'~av~; ~~ ~~~` i~- ~a1~P~#[S~'~~ €' ;Lucie F. H~arrell,~C'ler`-k~ito the Board r~ a~TAt 32 a~~~ ~RO<,y ~ Memorandum -~ ~'` North Carolina Association of County Commissioners 4ai NSC to ut ' O O ~~ ~°~ Mailing,4ddress: P. O. Box 1488, Raleigh, NC 27602-1488 °y ~ ~ ` ~~ Street Address: Albert Coates Local Government Center, 215 N. Dawson Street, Raleigh, NC 27603 °'~ coux~c~t °° Telephone: 919-715-2893 • Fax: 919-733-1065 • Email: NCACC@NCACC.org Home Page Address: http://ncinfo.iog.unc.edu/NCACC To: County Managers , From:. C. Ronald Aycock, Executive .Director Subject: Resolutions adopted by Association Membership Date:. September 3, 1999 Enclosed are two re solutions adopted by the Association at the Business Session dunng ~' 'our Annual Conference in Buncombe County, August 21, 1999. They call on the Association to urge our- members to support efforts with respect to: 1) The Clean North Carolina 2000 Initiative, and 2) The Census 2000 effort. • 33 A RESOLUTION CONCERNING CLEAN NORTH CAROLINA 2000 INITIATIVE WHEREAS, there is a need to~ improve. the ,appearance of our ,roadsides by removing . litter, collapsing or unsafe structures and other debris that create eyesores and harm the environment; and ` ~ - . . WHEREAS,., a clean environment impacts economic development, travel and tourism , and the quality of life; and ,WHEREAS, in an effort, to get North ,.Caroliriians to renew their sense of pride. and recommit to keeping our state clean the Governor~has announced the Clean North Carolina 2000 initiative; and WHEREAS, the Clean North Carolina 2000 initiative aims to improve the appearance of North Carolina by removing litter and other, debris from our roadsides, rivers, lakes and streams; and WHEREAS, Clean North Carolina 2000 initiative aims to educate all citizens about the harmful effects of litter; and ~ ~ ~ ' WHEREAS, there should be a partnership between the state and counties to clean up the state. NOW,. THEREFORE BE TT. RESOLVED that. the North Carolina Association of County Commissioners endorses and supports the Clean North Carolina 2Q00 initiative. FURTHER BE IT RESOLVED that the North Carolina Association of County Commissioners urges each county government to support and coordinate efforts in it's county to accomplish the aims of the Clean North Carolina 2000 initiative. Adopted this 21St day of August, 1999. Atte ~1_ . ~ Robert Greer, President r C. Ronald Aycock, Executive D 4 NEW HANOVER COUNTY BOARD OF COMM1SS10NERS REQUEST FOR BOARD ACT10N Meeting Date: 10/04/99 Regular Item #: ~,1 Estimated Time: ,Page Number: Department: Planning Presenter: Dexter Hayes .Contact: Sam Burgess SUBJECT: A-275, 12/96: Consideration of a Requirement to Include the Delineation of Federal Jurisdictional Wetlands on All Preliminary Plans. BRIEF SUMMARY: The following amendments would require that all future preliminary subdivisions plans delineate Federai jurisdictional wetlands. The amendments are intended to make developers and property owners more fully aware of the extent of wetlands and what permits might be needed before construction begins in these . areas. If the full extent of the location of jurisdictional wetlands is not known, it may result in the fill, destruction or alteration of the wetlands without proper authorization from the Corps of Engineers. Where this has happened, projects have been ordered to cease and desist until mitigation or remediation has been effectuated. Obviously, this can be a costly process; not only in money, but in natural resources and time as well Not only would an earner identification of these areas prevent an unintentional destruction or fill of wetlands, it has also been suggested by the Corps, and Staff agrees, that earlier identification would be beneficial in designing stormwater management plans required by local or state authorities. Until the County commits to a county-wide drainage management plan, it would be more prudent to utilize a site's natural drainage areas for stormwater management rather than converting them to building lots. The current review process does not require consideration of natural wetland areas that could be utilized for drainage. These amendments are not intended to impede the development process, but to ensure that development occurs with the least impact possible on the area's rapidly dwindling wetlands with the best designed plans. RECOMMENDED MOT10N AND REQUESTED ACTIONS: Approval FUNDING SOURCE: None ATTACHMENTS: 4 ,pages ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: The Board should consider the recommendation. Planning and management staff rec d-approval. VE/UIY 1 T ~o~ ' d~'~ 'COMMISSIONERS' ACTIONS/COMMENTS: APPROVEIr ~. REJECTED REMOVED o 3 5 POSTPONED O ~ r HEARD DATE ,` ~_ .G~i ~,~ 1 ,. ITEM A . A-275, 12/96: Consideration of a Requirement to Include the Delineation of Federal Jurisdictional Wetlands on All Preliminary Plans The following amendments would. require that'all future preliminary subdivision ,plans delineate Federal jurisdictional wetlands. The amendments_are intended to make developers and property owners more fully aware of the extent of wetlands and what permits might be needed before construction begins in these areas. Oftentimes, the full extent of the location of jurisdictional wetlands is not known, and on occasion has resulted in the fill, destruction or alteration of the wetlands without proper authorization from the Corps. In some cases, the unauthorized work has been intentionally carried out. Where this has happened, projects have been ordered to cease and desist until. mitigation or remediation has been effectuated. Obviously; this can be a costly process; not only in money, but in time as well. ' ' .Not only would an earlier identification of these areas prevent an unintentional. destruction or.fill of wetlands, it has also .been suggested by the Corps,- and Staff agrees, that earlier , identification would be beneficial in designing stormwater management plans required by local or state authorities. { Until the County commits to a county-wide drainage management plan, it would be more prudent to utilize a site's natural drainage areas for stormwater inanagment rather than converting them to.building lots, The current-.review process makes it much to easy to lose, these areas often ignores these natural wetland areas that could be utilized for drainage... These amendments are not intended to impede the development•process, but to ensure that development occurs with the Ieast impact possible 'on the area', rapidly dwindling wetlands' with the ,best. designed plans: Proposed Amendments to the Zoning Ordinance Revise Section 51.5-2 Performance Residential by. adding subsection 14 to read: • 14. The delineation and surveyed lines of Corps. of Engineers Section 404 and Section 10 Wetlands. Revise 69.2, Site Plan by adding subsection 25 to read: 25 The delineation acrd surveyed lines of Corps of Engineers Section 404 and Section 10 Wetlands. . Revise 69..4, High Density by adding subsection 14 to read: 14. The delineation and surveyed lines of Corps of Engineers Section 404 and Section 10 Wetlands. *Subdivision Ordinance Revise Section 32-2, Cont4ents of th_e Preliminary Plan, by adding subsection 21 to read: - 21 ~-~Tlie~de'lifieatioz?,ajrdsurveyed lines of Corps of Engineers Section .404 crud Section 10 Wetlands > ~ ~., ~~ ~~~~ 3 6 ~ ~ ~ ~ :~ -,:.., ~~ '`; Revise 69.2; Site Plan by.adding subsection 25 to read: ,2~ .The delineation errtd surveyed lines of Corps of Eirgrfreers Section X104 artd Section 10 Wetlands. Revise 69.4, High Density by adding subsection 14 to read: 14. The delineation and sun~eyed lines of Corps of Engineers Sectrori 404 and Section 10 Wetlands. *Subdivision Ordinance Revise Section 32-2, Contents of the Pre]iminar~Plan, by adding subsection 21 to read: . 21. The deliraeatior~ ar~d surveyed lines of Corps of Engineers Section X10=1 acid Section 10 Wetlands 37 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILPAINGTON, NORTH CAROLINA 28402:1890 IN REPLY REFER TO April 26, 1999 Regulatory Division ~ } ~ ~ , Miscellaneous Correspondence Mr. Bill Caster, Chairman New Hanover County Commissioners X20 Chestmat Street, Room X05 Wilmington, North' Carolina .28401. , . , . . Dear Mr. Caster: Thank you for your courtesy and attention extended to Mr. Ernest Jahnke, of my staff, in permitting him to speak as my representative to the New Hanover County Commissioners during your March 18, 1999, wetlands workshop. As a result of that meeting, you requested that I reaffirm the Wilmington District Corps of Engineers' support of our recommendation to have New Hanover County adopt a planning ordinance requiring a surveyed wetland delineation, verified and certified by the Corps, on all preliminary subdivision plans submitted for approval to the New Hanover County Planning Board. Also, please refer to my previous letters dated July 18, 1997, and July 1 ~, 1998, on this matter. Wetland determinations are important early in the site planning process to identify areas that may need special consideration in the planning process. By knowing the location and extent of wetlands within a property boundary, the developer has an opportunity to plan around wetlands and avoid later perTrii delays and costs. VJheii present, the county's designated Class IV soils affect density determinations. A delineation helps identify these wetland soils, thereby assisting both the developer and the plan reviewer in making these determinations. Coordinating •with the Corps early in site planning allows the proponent to investigate alternatives that may eliminate the need for a permit entirely or at least reduce the level and complexity of the permit process. These considerations,-can result in savings of time and money to the developer and ultimately reduce costs to the subsequent home buyer and taxpayers. For the past. few years, the county has been addressing water quality, flooding and drainage problems associated with recent rapid development. Wetlands provide natural functions important to these processes. The benefits of wetlands to these functions have been pointed out in my previous correspondence with the Commissioners on this subject. Utilizing the natural _ benefits of wetlands in site planning can reduce expenditures of taxpayer money to construct 38 • • -2- engineered solutions to maintain water quality, handle storm water, and address flooding problems in New Hanover County: Lunderstand that developers having options to buy property can submit preliminary plans for review, and they do not have to commit to purchasing the land until they have. assurance that their development plan is acceptable. The Corps realizes the practicality of this approach to investment and development and does not tivant to add to the cost of a preliminary plan that may' not be approved. Because of this, our amended recommendation is that the New Hanover County Commission approve an ordinance similar to that of Brunswick County's which reads, "...An approximate delineation of tivetlands at preliminary plat stage and surveyed delineation of Federally regulated ~=retlands at final plat stage are required in major subdivisions. Staff shall. receive documentation from the Corps of Engineers of wetland delineation to go in file." I believe this maybe acceptable to development interests. Adoption of this recommendation will develop a partnership bettiveen New Hanover County, development interests, and the Corps of Engineers that promotes responsible development while considering impacts to our nahiral environment. The Commission's consideration of this recommendation is appreciated. Please notify Mr. Jahnke, if any filrther information is desired on this issue. He can be reached at telephone (910) 251-4467. ~ ~ , .Thank you for your attention to this matter. Sincerely, Terry R. Yoitngbluth Colonel, U.S. Army District E ~ eer Copies Furnished: Mr. Dexter Hayes, Director New Hanover County PlaruZing Office 414 Chestnut Street Wilmington, North Carolina 28401 Mr. David Weaver Assistant County Manager County of New Hanover 320 Chestnut Street Wilmington, North Carolina 28401 39 40 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/04/99 .• ~ Regular Item #: 5.2 Estimated Time: Pa e Number: g Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: Z-416, 9/90; Revisted 7/99; Applicant C. Wolf for L. Brinkley. Site Modification of CD (B-1) Retail Nursery Operation BRIEF SUMMARY: At the Planning Board meeting; there was nb opposition from the Oak Ridge or Greenview Ranches neighborhoods or the church adjacent to the applicant's request. Following several comments about drainage, Market Street access, and the types of proposed uses, the Board recommended approval; however, they recommended limiting the uses to a bank, financial services, sitdown restaurant, and professional offices. Following comments by several of the neighbors at the August Commission meeting concerning the size of the facility, and how it would encroach into thei neighborhood, the Commissioners' continued the item. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff. recommends approval with specific uses on the property. FUNDING SOURCE: .none ATTACHMENTS: 7 pages . ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: APPROVED (~ ~;, '' REJECTED p/c ~{~'u;,;,-,a,u~J REMOVED C~ :~, ` POSTPONED HEARi~ ~ DATE ~ .ln r~U~ ~I~~.~~, 41 U ITEM B CASE: REQUEST: ACREAGE: LOCATION: Z-416, 9/90; Revisited 7/99; Applicant: C. Wolf for L. Brinkley Site Modification of CD (B-1) Retail Nursery Operation 2.59 Acres Anchored Between Oak Ridge Lane &Greenview Drive; Northwest. Side of Market Street LAND CLASS: Limited Transition- Identifies areas where increased development is expected to occur. Residential density in Limited Transition areas should be no more than 2.5 units/lots per acre with lotiver~density more desirable. Planning Board Recommendation (July 1, 1999 Meeting) At the Planning Board .meeting, there was no opposition from the Oak Ridge or Greenview Ranches neihborhoods or~the church adjacent to the applicants', request. Following several comments about drainage, Market Street access, and the types of proposed uses, the Board recommended approval; however, they recommended limiting the uses to a bank, financial services, sitdown restaurant, and professional offices. Follotiving comments by several of the neighbors at the August Commission meeting concerning the size of the facility, and how it would encroach into their neighborhood, the Commissioners' continued the item. Staff Summary The petitioner seeks to modify his original CD (B=1) approval fora retail nursery to include alternative uses conforming strictly to the B-1 Neighborhood Business Zoning District.The original approval took place in September, 1990. Currently, the owner has an established 6,000 square foot greenhouse, small office, storage shed,° and limited parking. The site plan modification includes one 10,600 sq. ft:, 1 story building and one 14,400 sq.'ft., 1.5 story building. Parking will include approximately 103 spaces. (See. attached site design) Zoning regulations 'require a minimum of 63 spaces. Setbacks and buffer yards will be dictated based on the height of the structure adjoining Greenview Ranches and Oak Ridge developments. Thy. modficafions~oftthis property is not inconsistent with the objectives and policies of the adopted 1993 Lan'dl,Use~'Plan. The proposed intensification of the use along with alternative uses soley basedlon~B'~1~Nae~ghborhood Business criteria may not increase the potential for hardship to . ~~y.~~~~~e~ adjoining residential uses. However, unless those are known, impacts can vary greatly. Staff would recommend that~~specific uses be designated as part of the conditions for permitting. ~; Al~hoth oth~er'terrris'"a ~d conditions of the original CD (B-1) approval in September, 1990 will r,. 42 remain in force. The Board may want to limit certain retail uses, outside storage other than the nursery,and drive-thru facilities such as fast food restaurants. Other similar situated properties near established neighborhoods retain the intended conditional uses or are zoned O&I. Staff recommends approval with specific uses on the property. Staff Findings Per Special Use Permit Phase of Application (September, 1990 Permit) 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The property is located east of and at the entrance to two subdivisions: Oak Ridge and Greenview Ranches. B. Access to the site is via. Oak Ridge Lane and Greenview Drive. There is no direct access to Market Street. C. ,The site is located within the Ogden VFD District. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. Banks, restaurants, and professional offices are permitted in the B-1 District. B. Minimum setbacks and parking for the proposed use can be satisfied. 3. The Board must find that the use will not substancially injure the value of adjoining or abutting. property or that the use is a public necessity. A. There is no documented evidence to substantiate this proposal would cause negative impacts on surrounding residential uses. B. All lighting will be directed on site. 4. The Board must find that the location and character of the use if dveloped 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.: A wholesale nursery operation is currently in operation on the site., Activities include maintenance and establishment of nursery stock, a small office and one storage building. B. No vehicular driveways are proposed directly onto Market Street. y ~_-r--r--,= ~_ 44 • •. a ~~ ' ': >~ •,~~ ` •, :~. ~ ~ o s ~• N. ~~~~ anoa,~ • . S nrrr .'. .. a a ` •• •~ a +~ 8 •~~ .~ .o ,~ tr ,, ~, a >n ~ ~ ,,~ ' S v N ~ •~ ~: '. ~ '. ~~. V ~ ~~ • '~ •~~ ~ Y •~ m ~ ~ p ~~~ ~~ +~ ••,~ - ~ ,y , tr ..~ a' b"'S } Sdi yH3 u x eps a S '~ 3~ ~~ ~ ~ - . 4 s - AM90 v~ ~ $ ~ o ~ ~m p m ~ a O ~ . C o = a.a. 6 ~ ~ ~" r nsp k = .3 . .. 3 -! ' Z ~ w . O _ C.] J ~ ¢ T C ~ H m w ~ S ~ W J C7 U' V ~ ro ~Ow~ ~ ~ . O O J. ~ [rJ G ~ . ~! (> O d U- V S 4 Q~ w w ~ ~ .. . . ~• ~ 67 d 2Q-im~ UUU ~ d Q 2 U C.= ~ ¢ 0 0 a~ i Z ~ Q O C mOCAC<Y~V 7r'S YOO,~J ~ . _ _ F'~ V C O O U <Z CC p Z W V V~ J J U Z Q~ ¢ .. m0(w7Q Cp ~=BUJ "'~~ W W ¢~ b LL ill ¢w.Zw ¢w W~¢m[O~YY'=~ mmm ZZ ~ ~ Z~ O 'Utr s'4e, ~~,,, ~ ~ Z 2 20> - U O T O•_ ¢z OH ¢Q.¢CLmw w.N ¢¢w¢ 7i~[nmm ZU "Dane i '~' ~ G ~~m~~ m mU?y Q ' O~~N MvtPi tD N ~¢ ~civiv~ri~tioim+-~,-~•-•- Z-_416 Petition Sumrn~~-y ]D~ta Owner/Petitioner: L. Brinkley Existing Land Use: Retail Nursery Zoning History.: Originally zoned in July, 1972 Water TyUe: Individual Well(s) Sewer Type: Individual Septic Systems or County Sewer Recreation Area: Ogden Park Access and Traffic Volume: 32,Sfl0 ADT, 1997 Data; I4'Iarket Street (near Alexander Road) JFire District: Ogden Watershed and Water Quality Classification: SA- Pages Creek Aquifer Rechar eg Area: Primary Conservation~Historic/ArchaeoIoaic Resources: None Soils: Leon, Class III Building Suitability: 11!loderate to Severe'6Vetness Schools: Ogden Elementary • .~ ~ 45 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER .. ORDER GRANTING A SPECIAL USE PERP~lIT ' RETAIL NURSERY (LANDSCAPING) The County Commissioners for New Hanover County having held a public hearing on October 1, 1990 to consider applicati-on number Z-416, 9/90 submitted by Lloyd Brinkley, a request for a Special Use Permit to'use the property located on the west: side of U.S. 17 between oak Ridge Lane and Greenview Drive, and having heard all the evidence and arguments presented at the hearing, makes the following, FINDINGS OF FACT and draws the following CONCLUSIONS: , 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in'' Section •7`2 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to. the. County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use wi 11 not materially endanger the public health or safety if located where proposed and developed according to the -plan ae submitted and appr_ov_ed. Im support of this conclusion, the Commissioners make the following FINDINGS OF FACT: ~A. The property is. located east of and at .the entrance to two subdivisions: Oak Ridge•and Greenview'RancheS. B. Access to the site is via Oak Ridge Lane and Greenview Drive. There is no direct access to US 17. C. The site is located within the Ogden VFD District. 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the u'se meets all required conditions and specifications. In support of this conclusion, the Commissioners. make the following FINDINGS OF FACT: 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the.use will not substantially injure the value of adjoining or abutting, property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: ,~. There, is no documented evidence to substantiate this proposal would cause any negative impacts on surrounding residential uses. 46 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general.requ~.rement listed in the Ordinance; namely that the location and character of the us e. 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. A wholesale•nursery operation is currently in operation on the site. Activities include: .maintenance and establishment of nursery stock, a small office and one storage building. . 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the.._ issuance of a SPECIAL USE PERMIT have been satisfied, IT IS . ORDERED that the application for the issuance of a SPECIAL USE .PERMIT be GRANTED, subject to the following conditions: A, That the applicant shall fully comply with all of the specific. requirements stated in the ordinance for the _~ proposed use, as well as any additional conditions hereinafter stated. .. B. If any of the conditions imposed by this special use permit shall be held .invalid beyond. the authority of this Board of Commissioners by a court of competent . jurisdiction then this permit shall become void and of no effect. C. Other: 1. All other Federal, State and local laws applicable. 2. No access be permitted directly to U.S. 17. . 3. Outside storage of equipment after working hours shall be prohibited. 4. Principal use signs shall not 'exceed 150 square feet. 5. All other buffering, setbacks and spacing requirements shall apply. Order d this 1st day of October, 1990. ~~ ~pN OYER co {, ••: ; ~ ~• ~~~ ~ a ~ Freo. Retchin, Chairman ~ -_ . ,. Q, Attest ~, ,,,, J~~~~.. a~r~+ ~ . ~ • ..- C~erk to the Board • 47 48 i NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/04/99 Regular Item #: 5.3 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess • • SUBJECT: Z-676, 8199; Applicant: Jeff Smerko for Adams,Capps & Ward BRIEF SUMMARY: The Planning Board voted 5-1 recommending denial. Residents along Hinton Avenue who were opposed to the petition expressed concerns about existing drainage problems; disruption of the neighborhood and setting. e precedent for the area leading to further commercial encroachments along Hinton Avenue. One resident in favor of the request indicated that the rezoning would be an improvement to the area. This rezoning case was "tabled" by the Planning Board at their July 1, 1999 Meeting: This case was tabled to allow staff opportunity to review a text amendment by the petitioner reclassifying Hinton and Park Avenues from residential streets to collector roads based on adopted criteria from the New Hanover County Thoroughfare Classification Plan. Commericial and Office & Institututional rezoning requests can not be considered unless located on a collector road. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff continues to believe that the best use for the property is residential and recommends denial 1 FUNDING SOURCE: None ATTACHMENTS: 6 pages ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: rCOUNTY COMMl~lONE' APPROVED D REJECTED p REMOVED p ,: POSTPONED p °s HEARiJ ~~~ gyp,,,, DATE : _LO- ~, 49 ~iLivi CASE: Z-676, 8/99;: Applicant: Jeff Smerko for Adams, Capps & Ward REQUEST: R-15 Residential to Conditional Use-(O&I) Office & Institutional ACREAGE: 4.99 Acres LOCATION: Northwest Corner of Park & Hinton Avenues LAND CLASS: Urban Transition- Allows for intensive urban development on lands that have been or will be provided with necessary urban services., Residential development can exceed 2.5 units/lots per acre where the development can be serviced by water and sewer systems and has . directaccess to ~a major road. ~ ~, _ Planning Board,Recommendatiori (August 5, 1999 Meeting) ' .The Planning Board voted •5-1 recommending, denial. Residents along Hinton Avenue who, were opposed to the petition expressed concerns'about existing drainage problems,. disruption,of the. neighborhood and setting a precedent for the area leading to further commercial encroachments alorig Hinton Avenue. One resident in favor of the request indicated that the rezoning would be an improvement to the area. Staff Case~History ,• This rezoning case was "tabled" by the Planning Board at their July 1, 1999 Meeting. This: case was tabled to allow staff opportunity to review a text amendment by the petitioner reclassifying Hinton and Park Avenues from residential streets to collector roads based on adopted; criteria from the New Hanover County Thoroughfare Classification Plan. Commericial and Office & Institutional rezoning requests can not be considered unless located on a collector road. Staff Summary & Recommendation The petitioner is requesting that four (4) tracts of land, mainly fronting on Hinton Avenue and a portion of Park Avenue be rezoned to Conditional Use - O&I (office & Institutional). Property bounded to the west, north and east of the subject properties is zoned residential: Property to ahe south of the request is zoned B-2 Highway Business and is part of a large commercial district extending from French Road to the west to 58th Street: The depth of this commercial district ~ from Oleander Drive is 600 feet. A series of professional offices, tire service center and storage ' lie directly south of the site on the east side of Hinton Avenue. A~11Athr~trac~ts u der onsiderafion are filled with mature, attractive vegetation. Two of the „~~, t acts. contain~snigle`~farri%ly residential structures, one of which is abandoned. Between the Hinton-ParkAven~~int~'ersection north to Michelle Drive, there exists a mixture of residential housing types ranging from mobile homes to more moderate single family structures on larger lots., ~ ~~~~'~a ~ :;•~ ~",~ ~ i ~~ ~-~:~ . ~. 50 . ~, Z-676 (cont'd) _~ 2. - Based on the adopted Land Use Plan of 1993, this area is destined for intensive urban - development because of the availability of water and sewer. However, the area north of Park Avenue continues to be a nice quaint residential neighborhood with most of the commercial arid office traffic concentrated to the south along Oleander Drive.. The petitioners vision for the property and intended use for small professional offices is well thought-out. As noted, the total site area consist of almost five (5) acres: The project has two (2) phases. Phase 1 will consist of approximately 4 acres, 7 structures with a total building area of 48,059 square feet. Parking spaces total 147; 122 spaces is required. Access in phase I is from Hinton Avenue. Phase II will consist of slightly less than one (1) acre, 2 structures with a total building area of approximately 9,448 square feet. Thirty-eight parking spaces are proposed, 24 required. Setbacks and buffer yards will be dictated by the height of structures abutting residential property. Most, if not all of the mature trees are planned to be preserved. As noted in the text amendment discussed earlier, Park Avenue which runs east to west has typically been seen as the demarcation line between intensive commercial land uses south along Oleander Drive and the less intensive residential district to the north. Based on existing land use patterns in the area, staff feels that these tracts under petition should remain residential for the immediate future. While it is realized that both Hinton and Park Avenues comply with collector road criteria; a strong case can be made for the residents who live on these roads, especially Hinton Avenue from Park Avenue north to Greenvile Avenue. This residential enclave has. existed for many years and is still a nice quaint area to live. Reclassifying Hinton Avenue to a collector road and rezoning the property to Conditional Use O&I would set a precedent for futu rezoning cases that may not be easily mitigated with existing residential land patterns. Staff continues to believe that the best use for the property is residential and recommends denial. re Staff Findings Per Special Use Permit Phase of Application 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The property is located in the Seagate VFD District. B. The site has primary access to Park Avenue which is a "Collector Road." C. Public water and sewer service is available in the area. - • 51 Z-676 (cont'd) 3. 2. The Board must find that the' use meets all required conditions and specifications of the Zoning Ordinance. • A. A site plan displaying 10 building structures (2 phases) for professional use totaling 57,498 square feet is.displayed. ~. B.. Approximately 146 parking spaces .are shown .which meet the intent ,of the Zoning Regulations. ~ ~ • C. Mature vegetation existing on site will remain. D. Bufferyards and setbacks will be dictated, by the height of each building structure. . 3. The Board must find that the use will not substantially-injure the value.of adjoining. , property. . - . A.The property will have direct access from Park Avenue: B: Property west and adjacent to the site.is vacant. Property to the north of the ite is residential. C. Property south of Park Avenue is zoned commercial:...., • 4. The Board must find that the location and character, of the us'e if developed according to the plan as submitted. and approved will be in harmony with the. area in which it is located and in general conformity with the plan of development for New Hanover County... ; A. Land Use Policy guidelines' allow for intensive urban development on lands that have, .been or will be provided with public water and sewer.- B. Property to the south of the site between Hinton and Oleander Avenues contain a mixture of commercial and professional uses. ~ , ~, 52 ~~ a~ ~ ~ w.. ~ ~ ~ P +` f ~ 1 r ~ ~ ~ `v ~ ~ _ 5 f h -- +,~,~' ~ E ~' f ~~ i ~ ~ ~ . ~? 3 ~ ,p O ., ;; _ ~ ~ ~, N ~ ' g a _ ~ FF¢-- l U b ~ d IQ'° W _~ ti ~ m a' 2 v W o o O & ~ .. 3 ~ ~ ~ h w' m ~ d + ~ ~ r ® U z d ° ~ V Q C a o a ~ w ~ N Qu-wv o[L~ O s C ? ~ ; g S S Q W U ~ O ~.~ W 2¢ u . CC WQZ ~ ~ ~ ~ 0 ~ Z ~ Q W W p ~ ~ ~ ~ ~ _ V C OOZ W~22~C7~0 2SOU~¢UWN m r V W ~~~QCC U Ct~Z~ . ~ d d d ~ 'y m S { 'S 2 ovaxnaionurnn P~ ~ L~ N LC¢ ,=c~in;vui~rirmai°~ Z-676 ' Petition Summary Data - - Owner/Petitioner: Jeff Smerko - Existing Land Use: Single Family,'Resid'ence - Zoning History: Originally zoned in July, 1972 Water Type: County. Sewer. Tvge: County ~ - Recreation Area: Hugh. MacRae Park ' - ' Access and Traffic Volume: 24;350 ADT, 1997 Data; Wrightsville Avenue- -~ Fire District: Seagate Watershed and Water Quality Classification: SC-Bradley Creek - - Aquifer Rechar e~~Area: Primary ~ J Conservation!Historic/Archaeologic Resources:. None ' . . Soils: Seagate '. Building Suitability: Moderate to Severe Wetness - Schools: Bradley Creek Elementary ~ - . _ ~ . . 4~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/04/99 Regular Item #: 5.4 Estimated Time: Page Number: E Department: Planning Presenter: Dexter Hayes ~ ' f Contact: Sam Burgess SUBJECT: Z-681, 9/99; Applicant: Greenville Avenue LLC. Request CD(O&I) from R-15 BRIEF SUMMARY: Applicant presented revised site plan per staff comments. There were no opposition from adjacent landowners. Staff has also received confirmation from the Cooperative Extension that the 50" Oak on the site has root damage, is diseased and dying. €' ~`. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Board recommended approval with the conditions that the architecture of the buildings facing Greenville Ave. have a porch along a minimum of 50% of the facade and that no utility apparatus will be located along Greenville Avenue. Side locations are acceptable if reasonable screening can be privided. The also agrees with staffs recommedation to rezone adjacent parcels 8&16 to B-1. FUNDING SOURCE: none ATTACHMENTS: F 5 pages ITEM DOES NOT REQUIRE REVIEW '. ~ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: ti { P ~. APPROVED : ~ ' REJECTED. p .,; REMOVED p ~} POSTPONED HEARi~ ~, t DATE , <U S~ = 5 ITEM D CASE: REQUEST: ACREAGE: LOCATION: Z-681, 9/99; . APPLICANT:- Greenville Avenue LLC CD(O&1) From R-15 1.18 Acres South of Park Avenue extended and east of Greenville'Avenue LAND CLASS: Urban Transition - Allotivs for intensive urban development on lands that have been or will be provided with necessary urban services. Residential development can exceed 2.5 units/acre provided'the development shall be serviced by city or county sewer systems and has. direct access to a major road. Urban transition areas are suitable for, closed water systems. _, . PLANNING .BOARD RECOMMENDATION (September 2, 1999) Applicant presented revised site plan per staff.comments. There was no opposition from adjacent landowners. The Board recommended approval with the conditions that the. architecture of the buildings facing Greenville Avenue have a porch along a minimum of 50% of the facade and that no utility apparatus (i.e. air conditioning fans) will be located , along Greenville Avenue. Side locations are acceptable if reasonable screening can be provided. In addition to this petition, the Board agreed with staff s recomm`enilafion to " rezone adjacent parcels 8 & 16 to B-1. Staff has also received confirmation from the Cooperative Extension that the 50" Oak on the site has root damage, is diseased and dying. ' STAFF SUMMARY: Petitioner.seeks CD(0&I) approval to develop 3 two story office buildings designed to be in keeping with the residential character of the neighborhood and to act as a transition between the B-1 Business District uses along Oleander Drive and the nearby residential uses: - - The site plan proposes to remove the existing run down building and surrounding debris to accommodate 3 two story buildings each approximately 5,100 sq. ft. totaling approximately 15,300 sq. ft. Zoning regulations require 38 parking spaces. The petitioner's site plan provides 57 parking spaces. (See attached site design) Because the site is surrounded by R/W the building setback as described in the zoning ordinance is 25'. The site will also be landscaped in accordance with section 67 of the Zoning Ordinance. The zoning change appears to be consistent with the objectives of the adopted 1993 Land Use Plan. The proposed development as shown on the site plan, also appears to be consistent with the petitioner's stated objective to act as a transition between the adjacent B-1 zone and the adjacent ._,. , R15 zone However, staff does have a concern for the existing trees on the site. Maximum care ~~ ~, ~, t`~t ~ra~' ~I ~~3 E~ ~_ -sli`o,uld~be ta'ken~to protect the existing trees, especially the 50" oak that will have to be removed ~€ `~"~~ . to aecomm~odate'•6uilding 2 on the attached site design. Giveri the existing intersection conf guration•at~!Park Avenue, Bagley Avenue, and Greenville Avenue, staff also has concerns +x,' abo t p tent aCl~traffc conflicts and site distance issues. ~~~ • t ~ :~1~ 56~~ ~_ _ .~. era ~.-,~~ ~, Case: Z=681, 9/99 -Professional Offices . Staff Findin s Part of Conditional Use Re uirements. g ( q ) 1. The•board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The site will be served by county sewer and community water. B. Access to and from the site is proposed on Greenville Ave., which is classified as Collector. C. The site is located in the Seagate VFD District. 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. A. The site is currently zoned R-15 and is classified Urban Transition in the 1993 Land Use Plan Applicant proposes a change of zoning to CD(O&I) . B. The required building setback is 25' C. The required number of parking spaces is 38. Petitioners plan shows 57 spaces. 3. The Board must find that the use will not substantially injure the value of adjoining or 1 abutting property or that the use is a public necessity. t' ~ A. The ro ert east of the subject site is currentl zoned B-1 while z nin t t e t a p p y ~ y o g o h wes nd to the north of the site is R-15. ' B. The subject property is currently in disrepair with debris and old cars and boats in the yard. 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 proposed architecture and site layout appears to be in keeping with the surrounding. residential character. B. Landscape buffers will also provide a more residential character to the site. Planning Staff Concerns: 1. The footprint for building two on the petitioners site plan is shown on top of an existing 50'' DBH oak. 2. Potential traffic conflict, at the proposed north entrance on Greenville Avenue, with existing intersection configuration at Park Avenue, Bagley Avenue, and Greenville Avenue. 3:Access points should be reconfigured with Lame Avenue accross from Lame Street, utilizing the existing R/W instead of a separate entrance on Greenville Avenue. ., 4. Building 2 should be moved toward the street to be consistent with other setbacks and building . frontages on Greenville Ave. . 5. Staff also recommends that parcels 8 & 16 be rezoned to B-1. 57 G=. bib I //~~~~~ . ~ f / Xt~... ~ £~ ~~ a Q h ~ r R o ~~~ - zn~' C~ 'n a o o m Q 0 6 ~ ~ uri s 6e "~ 2 ~ C ® aW. O N N W .- W 2 J J d 1- _ 2 2 W p ww ~ ~~~> ` X X J O? W J== Z '~ZU ¢'x~~0 w 4 ww >'~ W ~'Z~--UOO yam' E F- -~ U¢- W i-22 ~ ~~ Ww~c~~n .oz~~°ia~==¢- . ~ O ~•. }~~ CL CL .CC aJ~~J[0~~2 ~ DY w.J OOU~~.UO<¢WC~C~Uc ~_ ~O ry ~JY~>-q~mw J~ W ~D.d w~ ~ to ~ ~~¢¢?~?w°F-~moc~'~'i~c2i~c2i~~c ~'r G ccoc~c~zxmrnm.. , N ~+Q r-N M V'tn ft] ~mQi~ r~N--.~-~ ~ m Kio~ ' g "N agy ~ f '~' ~: . ~. p Z-681, 9/99 Petition Summary Data Owner /Petitioner: Jeff Smerko Existing Land Use: Contractors Office, Vehicle Maintenance, Repair & Storage Zoning History: December 15, 1969 Water Type: Community Sewer Type: County Recreation Area: )-Tugh Macrae Park Access .and Traffic Volume: 27,900 Oleander Fire District: Seagate 10,479 Watershed and Water uality Classification: Bradley Creels SC A uifer Rechar a Area: ~ ~ Shallow Water Table Conservation/ Historic/ Archaeologic Resources: None Soils: Wakulla Building Suitability: Suitable /Slight Limitation Schools: Bradley Creek • 59 60 { ~hls page inte~tionalJ,~Jeft blank} n • • NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/04/99 .Regular Item #: 5.5 Estimated Time: Page Number: Department: Punning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: S-447, 10/99; Special Use Permit- Request for a Single wide Mobile Home in an R-20 zone BRIEF SUMMARY: Applicant is requesting a special use permit for a mobile home. RECOMMENDED MOTION AND REQUESTED ACTIONS: n/a FUNDING SOURCE: none . ATTACHMENTS: 4 pages ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: rCOUNTY COMMI l~tV~i APPROVED G/~~ ~:' REJECTED p REMOVED p POSTPONED p -~, HEARt~ ' DATE < `~ - ~ ~~ 1 ITEM E Case: 5-447,10/99; Special Use Permit - Request for A Single Wide Mobile Home in an R-20 zone Preliminary Staff Findings ~) 1. The board must find that the use will not materially endanger the public health or j safety if located where proposed and developed according to the plan as submitted and approved. A. The site is served by individual well and septic. B. Access. to and, from the site is proposed on Sandhill Drive off Oakley Loop Road. Sandhill Drive is a private drive over an existing access easement. Easement provides access to two other lots. -. C. There is an existing house on the subject property. D. The site is located in the Wrightsboro VFD . 2. The Board must find that the use meets all required conditions and specifications of the zoning ordinance. - ,. A. The subject property is zoned R-20 and the land classification is resource protection. Single wide mobile homes are permitted by special use permit in the R-20 zone. B. The Zoning Ordinance requires a minimum 90' lot width, a 30' front yard setback, a 15' side yard setback, a 25' rear yard setback and a maximum building height of 35' , C. The Zoning Ordinance requires 20,000 sq.ft. per dwelling unit. 3. The Board must find that the use will n.ot substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The surrounding land use is`residential/farmland. The surrounding zoning.:is R-20: B. Other single wide mobile homes are located nearby. 4. The Board must find "that the location and character of fhe use if developed according to the plan as submitted and approved will be iri 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 proposed use appears to be in harmony with the area and is consistent with the NHC Land use plan. B. The proposed use should not have any positive or negative affect on adjacent property values. ~'~1U~;~ ~~~;t ~~~~l~lr C1R~~Jl 62 ~- . V~~ i I N Q ryf ~ ~•~~ ~~ j j i .. ~~; ---------~---..._..._.._-_,_ ------__._. U Cy .. t: , . I -~ ~ ~ ~ ~~ .,:a ~,J t , :~.. ~~ j 'p _ ..._ ~? ~ ~ ~",~ ~ 1 /~' ~~~ ~ -- ~ ~ .. , ,~'~ ~^ ~ ~ ~' • 1 4;~ n"' ~y ~ ~~ n ~~' S-447, 10/99 PETITION SUMMARY DATA ` 5 OWNER/PETITIONER: Woodrow R. Glazier ' EXISTING LAND USE: Residential ZONING HISTORY: July 1, 1974 WATER TYPE: Well SEWER TYPE: Septic ' RECREATION AREA: Cape Fear Optimist Park ACCESS AND TRAFFIC VOLUME: 20,200 Castle Hayne Road FIRE DISTRICT: Wrightsboro . WATERSHED AND`~WATER QUALITY CLASSIFICATION: Ness Creek C(SW) AQUIFER RECHARGE AREA: 2 Secondary Recharge Area CONSERVATION /HISTORIC 1 ARCHAEOLOGIC RESOURCES: None SOILS: Ke , On, Kenansville fine sand, Onslow loamyfine sand BUILDING SUITABILITY: Class I -Suitable Class IT Moderate limitation SCHOOLS: Wrightsboro ,~ 64~ i T 3 s a ~ ~~§ I ~ S p~ge~plr 1..6m 9 h W ~ Z o 4 ~ .d ~'~ ~ m° hS o 0 0 e" 3 ~ 2 ~ h ~~° 2 ~ i y ~ ~N W ~ J W V. C7 wow ~ 2Z 2 W V: JCL U ~ R 3' OW J ~O ~-- 'L7 CC `L J K ~ Ia- Q7 O F=¢- ~- Q = O CC p E3 YwU¢mw C~ o¢zoa (Q 2~2~ZW XW r" N W~d WQU V-, O ~j O ,q ~ ~ ~ al m 2~ m( ~Q rN~~,~;~~a n A6 N d' M ,''I ~ i 65 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: '10/04/99 Regular Item #: 5.6 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: S-444,9199-Special use Permit for Pre-School /Elementary School (Child Day " Care) BRIEF SUMMARY: The Planning Board recommended approval to allow a Child Day Care Facility located at the corner of Sebrell-Avenue and Park Avenue. Several Neighbors were concerned with the traffic on a narrow road, and that drainage outlets and retention areas were needed. The recommendation for approval was under the conditions that the applicant provides a 25' setback from Sebrell Avenue along with a 6` high solid fence with landscaping. ' RECOMMENDED MOTION AND REQUESTED ACTIONS: NIA FlJNDING SOURCE: None ATTACHMENTS: 4 pages ` ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONSICOMMENTS: • rCOUNTY COMMi~i©N~ APPROVED C~ - >a' REJECTED O . REI~~IOVED PC1~ ; ~JNED D MATE: ,..=10--I ~-CI-~/ .. 1 ~w~ _~ 5~~~~~ 7 r aS2(-(o0,1~~(,~ Vt'PiGE S$'1N;.v`e. 1-~cr~'7rn 5 ~~.~.~ e,~- , S~de~.va~.P~2lc~lnclF,ycc~c ~ F:~+ftticec~a,~ ITEM F Case: 5-444, 9/99 -Special Use Permit for-Pre-SchooUElementary School (Child Day Care) Planning Board Recommendation (September 2,1999) The Planning Board recommended approval to allotiv a Child Day Care Facility located at the corner of Sebrell Avenue and Park Avenue. Several neighbors were concerned with the traffic on a narrow road, and that drainage outlets and retention areas were needed. The recommendation for. approval was under the conditions that the applicant provides a 25' setback from Sebrell Avenue along with a 6' high solid fence with landscaping. Staff Finclings• 1. The board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The site,will be served by county sewer and community water. B.' Access to and from the site is proposed on Park Avenue. The nearest access to-Park Avenue from Oleander Drive is Sebrell Avenue. Neither road is classified, by the New Hanover County Thoroughfare Classification Plan, as an arterial road or a collector road. C. The site is located in the Seagate VFD District. 2. The Board must find that the use meets ali required conditions and specifications of the zoninb ordinance. A. A child day care center may be permitted in any residential district subject to the dimensional requirements of the district. The site is currently zoned R-15. ' B. Off street parking meets the requirements of zoning ordinance. 37 spaces required & 46 spaces provided including 2 Handicapped. C. The driveway access meets the requirements of the zoning ordinance. D. The entire play area is fenced with a minimum 4' high fence as required in the zoning. ordinance. E. The outside sign is 2 Sq. Ft. maximum'as described in,the zoning ordinance. F. The construction and operation of facility shall comply with the provisions of the general statutes of the state of North Carolina and any other applicable Federal, State, oi• local codes: 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. The surrounding land use is residential. The surrounding zoning is R-15. B. Elementary School use is permitted in all residential zones as shown in section 50.5 (Table of Permitted Uses) in the New Hanover County Zoning Ordinance. C. A retention pond is shown for storm drainage. Impervious area is 51,924 Sq. Ft. (36.1%) 4':~The~B'oard~zn~ust~fin~d "that the location and character of the use if developed according to fhe plan as submitted~ad~approved will be in harmony with the area in which it is to be located and in general c~onfo ~nn fy~w th the plan of development for New Hanover Count." >.. A. The primary use in the area is residential. f ~: B. Other'~schools and day care facilities are located in residential areas throughout the County. f 68 ~ ~ ' Over 70 3 / `;\ / ~ \ Ln 4 ,,. c~ ~ w °v v _ £~ 0 0 0 .~'a 41- ~ o = ai ~ 8 ~ ~ `° W Q 3 WJ Z ~ i ® QJ ~~ Z ~ Y Z J~ ~ C7 m C.7 N o ~- W J ~- ~y w LQ22 f0 Q} ~~~J¢ V -ACC 0~00~~2--..' J Q1 .:~ ~ J~ d~J~Y V O JQ J-~~ Q~ ~5,. ~J ¢ V QQw Q~ ~ " pywlyO~UV R3 CCUU¢W 2CC "~ C~ S S O w--¢ ~ d C.7 C~S2YZ ~~d (,~ ~ Q r N M Q tt] fD 1~ m vi s I ::.~ ~s S a u ~ ::a7S =,_--r-TAT z 5 i £ n ' \ ~ f N ~ _ in i x I ¢ ~ ~ $ 1 D / "~:. Sr : \ ^~ i/ ~ V ~, 5-444. ~' Petition Sum~znary Data ' Owner/ Petitioner: Howard Capps Existing Land Use: Sirigle Family Home Zoning History: Originally zoned in August, 1971 Water Tv~e: Community Sewer TY~e: County . .. .Recreation Area: Hugh MacRae Access and Traffic Volume: 24,000 ADT (`97 count), Oleander Drive Fire District: Seagate VFD V6'atershed and Water duality Classification: Bradley Creek, SC Aduifer RechargeArea: Shallow Water Table Conservation/Historic/ Archaeologic Resources: None Soils: Leon (class III) Building Suit~blility: Severe Wetness ' Schools: Bradley Creek Elementary C {This page intentionally left blank} (J ll 72 NEW HANOVER COUNTY BOARD OF COMMISSIONERS :. REQUEST FOR BOARD ACTION Meeting Date: 10/04J99 :Regular Item #; 5.7 Estimated Time; Page Number: , Department: Planning Presenter: Dexter Hayes, Contact: Sam Burgess ~ ~ . SUBJECT: Z--678; Applicant: Alton Lennon for G.Batten & A, Mcgirt. Request: R-15 Residential to R-10 Residential BRIEF SUMMARY: The Planning Board voted 6-0 to approve teh applicants' request .One staff concern was the availability of . alternative access to the property along with water and sewer services. The applicant stated that additional access could be obtained from Carolina Beach Road to the site. The applicant also commented that water and sewer service would be obtained once the property is submitted for site plan review. Either one or the other service is required for th.e R-10 zoning designation. No one spoke in opposition. . . RECOMMENDED MOTION AND REQUESTED ACTIONS: Planning staff would recommed c~~ial 0.PPro/o.-Q . FUNDING.SOURCE: none ATTACHMENTS: . 5 pages - ~ . 1TEM DOES NO? REQUIRE REVIEW , . COUNTY:MANAGER'S COMMENTS AND RECOMMENDATIONS: _ ' COMMISSIONERS' ACTIONS/COMMENTS: ' r000A1N COMMi~! '~ APPROVED ''~ ~ REJECTED REf~~OVED 0 POSTPONED O I HEARf~ DATE ~~ '~ l 73 i ITEM G CASE: Z-678, 8/99;'Applicant: Alton Lennon for~G. Batten & A. McGirt REQUEST: R-15 Residential to R-10 Residential ACREAGE: 14.78 L®CATI®N: 400 Block Motts Creek Road, South Silver Lake Road LAND CLASS: Urban Transition- This land class allows for intensive urban development on lands that have been or will be provided with . necessary urban services. Residental development can exceed 2.5 , units/lots per acre provided' the development shall be serviced by City or County sewer systems and has direct access to a major road'. Planning Board Recommendation (Augu'st 5, 1999 Meeting) ~ ~ " The Planning Board voted 6-0 to approve the applicant's request:. One staff concern was the availability of alternative access to the property along with water and sewer services. The applicant stated that additional access could be obtained from Carolina Beach~Road to the. site. The applicant also commented that water and sewer service would be obtained once the property` is submitted for site plan review. Either one or the other service is required for the,R-l0 zoning designation. No one spoke in opposition. Staff Summary & Recommendation A cursory review of the site map pertaining to this rezoning request displays a tremendous R-10 District abutting the applicant's property. This R-10 District established in 1973 is primarily located southwest of the property. Other property bounded to the north and south of the request is zoned R-15 Residential. Existing residential neighborhoods, include Arrowhead .established in the early 70's, Silver Lake, developed in 1958, Silver Sands in 1970, and Monterey Heights, early 1970's. All four residential areas contain moderate single family housing with a smattering of , multi-family duplex type units acid mobile homes. Mary C. Williams Elementary Schoof`is also nearby. Based on the County's adopted Land Class of Urban Transition, this area is prime for public sewer and water. At the present time, most of the existing residential homes utilize individual septic systems. This is clearly visible with the number of vacant parcels along Motts Creek and Silver=L_a_ke Roads. A community water system does exist for most of the area as well as an overhead~wate stora~efac l• v located in Arrowhead. The applicant's request to increase density has considerable merit, especially with public water t~ Q~~{~`~t~~ and s~ wer servi<c~es~~e~rby, an,~elementary school and existing R-10 District to"the southwest. However,. staff is concernedrabout access to the site. At the present time, Motts Creek Road is a t ~ . ~~~ ~....:~ ~'~ residential street not ma~ntamed by NCDOT. Based on the current condition and age of the road, ,~~ 74 • ~J 1 ~J Z-678 (cont'd) 2. minor work would need to be completed before DOT accepts maintenance responsibilities. If the property were rezoned and fiilly developed, a sizable amount of traffic would have to travel on Molts Creek Road to get to Silver Lake Road (collector road) and eventually Carolina Beach . Road (major arterial). Another concern by staff is the potential for flooding. Based on the 100 year flood line depicted on the site map, the south central area of this request is well within the boundaries of the floodplain. As noted earlier, most of the vacant property in the area is not suitable for septic tank use; soils are extremely marginal for the purposes of drainage. Any proposed residential development of this property whether it is zoned R-15 or R-10 would need to be closely monitored to mitigate potential flooding problems or impacts to adjoining land. Unless the petitioner can provide water and sewer service to the property, the. Planning staff would recommend denial. (I,Jafer ~rryvicle.d. ~l lann~v,G 5~~ re Cumr+M~~s Q~~rovc,.G 75 Lt's C 9 H p ~ V _ o ~ a $ _ o ~ m ~'a 0 U _J n~ ~' ` of 2 a O ~i . (,~ 3 ~ ~ lei In ~' i Z 3 ~ i ® W z ¢ N N LJ V7 Q N 4 W .~ ~ a as Wa.zS, F-Q ¢1-¢¢O O 00 OOWW C m¢ U m J J JLL U yUy--FUF--UFUF--U~ Z ~ N~UI-NOOwUY~ zZ rZ ~Q~ C J w= w J~~ Y- w w w F w w Z¢ C] W O] ~ W C¢ V~ Q d d d 6 d d J¢ J Q N J d 2 J J¢ a ~" O O O W O O Q G ~_ -O'~w ww T J JJ ¢JJ C ¢wr7~J ¢QQODUw ww~ww~ zU~ C mm ~^ ~ C 2 2 Q O J W J W W N W W 4¢ Y; ...1 J OZ-7W~W WUW W~~~• ~ ~ C FI-~NS~,ZZO~p¢~¢¢Z2¢UUYc N O U 1W-FW- W F- hW-~~ J W Q~~ ~Z ~~ ~N NOC ~ Lw7- 1wHwG wNC!»Om¢m ¢¢N¢¢mm V7c CD T C an. UCtd00W~ D+-N M<~t0 ~cO Oip. N CC Q r-N C7Q ~lJ ~D t~mmrrrrr rr N[ 4 •~. .~- ~y ~ JCS ... .. .. ... .. q ,~u _ ....~ .. \ 9 Petition Summary Data Z-678 . . ~ Owner: Alton Lennon (petitioner) Existing Land Use: vacant Zoning Histor-Y: Originally zoned in April, 1971 Water Type: Community and individual wells • Sewer Type: County and individual septic tanks, Recreation'Area: Arrowhead Park Access and Traffic Volume: 15,800 ADT ('97 count), near Monkey Junction Fire District: Myrtle Grove VFD Watershed and Water Quality: Motts Creek; C(SVi1) Aquifer Recharge Area: Shallow water table Conservation/Historic/Archaeologic Resources: none Soils: Class II . Building Suitability: Good Schools: Williams Elementary School District 77 . ^ ~~. ~ .. ~ ;l° • _ , ~~~ e~ ti6.' .' ,a orb Aq S ' J'~ - . p No Ju.rey ..a, mod Oy mr of r5v c~-e G.ias ~ m•~h`t' ... ~ / /om aJ . q. A~ age .v,;• o• m 4 a r~ :~v `\ ~' • ~ / By P/ ~imcls. //9 ./c r i~ ~ i - d , 0 I'ti 1 !• ~ . AEI 7 / F.; . 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[.LF_6,n, so ~a ~a' ecng d!y .,,.P., dap°,r/ o„d.r y /tar ,sk-,s„•• ~!/ L~ L! !/ ~~~ ®~~ 1L. ~~~ ~lL.~~ g v,,,a ,.,,d.:,i;,n ., h5r ,.~JUU d o„ ark°: ~,,,My ay ti,m end er e<: %/ ,c ~ <n.,,~ ,h.,/ „y n , m~ °y e~m ~el,rr Mu„ viec,:%,%o L I /About 6,mi/cs ,5ou/h of Slre,.n~ /ho/ //„c moyne%c re.,o/-cn ,; J'!y ~!/•r ~' C -v />~ ia,; ,°„gym-~! °na n.r;~ .a. ,r r>w,ar< e-TN/L/LtINGTON- N• °"~ /h` -- -'~ -~ 19" SUED/~/S/ON tQF PA,PT L3F TH£ HOF1I/E fAR,LI lr~ S !. / Sco% / e 400 TU6a%v/dad Mom z•6,~3~ I Wilmm,q/an, N. G i ~ a `~,~a 5~'re4sM1 a B;edla Loyd s~-ae;~-ead ~, ~r ,n,nokn -_ !lf'JZ'1T- n XkJ -+ worms. A!/ form! Jharrn nar J,/o.:ad /~' ~ cnd baeE • rrrv9yc ca/cu/o,c•d. ''/^ e<v 78 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ' - Meeting Date: 10/04!99 Regular Item #: 5.8 Estimated Time:. Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess . SUBJECT: Z=679, 8/99; Applicant: John Wessel for Larry & Maggie Ripa. Request R-15 Residential to O&I Office and. Institution BRIEF SUMMARY: , The Planning Board voted 5-1 recommending that the proposed O&I District be limited south of the southern boundary line of parcel 5 (see site map) west to the southern boundary of 3. Several residents . of the Springview development located adjacent to the request were opposed. Their concerns centered around existing traffic problems associated with executing turning movements onto College Road across from Crestwood development, U-turns to access the site for vehicles traveling north, and general degradation of residential land values if the property were rezoned. RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning staff recommends that the best use for the property should remian residential. FUNDING SOURCE: none . ATTACHMENTS: 9 pages ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: rCOUNN COMMI~IQIV APPROVED.. ^. ,_ _ REJECTED . REMO~~CD Q/' . ~ PCB:.' Pc^_ N'ED ^ HEABP~ . - 79 ITEM H 80 CASE: Z- 679, S/99;. Applicant: John Wessell for Larry & Maggie Ripa REQUEST: R-15 Residential to O&I Office and Institution ACREAGE: 5.25 , . ~ . LOCATION: Northwest Quadrant Smith Creek Parkway & North College Rd. ' LAND CLASS: Urban Transition- This land class allows for intensive urban development on lands that have been or will be provided with necessary urban services. Residential development can exceed 2.5 units per acre provided the development shall be serviced by City or County sewer systems and has direct access to a ma~or~road. ' Planning Board Recommendation (August 5, 1999 Meeting) The Planning Board voted 5-1 recommending that the proposed O&I Districtbe limited south of the southern boundary line of parcel S (see site map) west to, the southern boundary of parcel 3. Several residents of the Springview, development located adjacent'to the request wereopposed. Their concerns centered around existing traff c problems associated with executing turning movements onto College Road across from Crestwood development, U- turns, to access t11e site. for vehicles traveling north, and general degradation of residential land values if the property were rezoned. Staff Summary & Recommendation This request seeks to rezone existing residential property to office and institutional use most likely based on the extension of Smith Creek Parkway from North College Road. As noted on the site map, all 5 parcels of land are bounded by tlieR-15 District to the riorth and west. Springview Estates which encompasses this R-15 District was developed in the early 1960's and in-part by the applicant. Springview development contains moderate type.housirig and„is• served presently by individual wells and septic tanks. Other developed residential enclaves exist north of the site. One development adjacent and north of the property is Kings Grant zoned R-10. Most, if not all of the roads serving the Springview development have been accepted for maintenance by NCDOT. Road access also is available on the west side of the property via Branch Road. Directly across from the applicant's property is a continuation of the residential zoning district. This area was developed as Crestwood in the early 70's. Other land use districts include a ~.c~rnmercial~yarea~located at the main entrance to Crestwood. C...~sac`~'-;~.:K- ~.~.*Sb~t& v~ItitsU~+a:~' j ~ ~~~ Land use~guideli~nespericourage commercial and office and institutional uses at major ~` intersections, ~especial'ly if infrastructure services such as public water and sewer are provided. With the~exception of the B-2 District located to the north other surrounding properties remain residentia'I~. .1 .;, ; ~C Z-679 (coat'd) 2. Unfortunately, the 450 feet of road frontage that this property has on North College Road has . several problems and concerns. Most, if not all of the property's road frontage is "controlled." Presently, ataper/de-acceleration lane for vehicles wanting to execute a right turn onto Smith Creek Parkway exists along the road frontage. A NCDOT driveway permit would be required along this road frontage to comply with the O&I District requirements. If improvements are not made (as suggested by NCDOT) to widen this -lane or create a service type road parallel to the existing .lane, traffic conflicts may occur. North College Road has a posted speed limit of 45 .m.p.h. Knowing the uncertainty of obtaining a driveway permit or the ability to provide additional road improvements to widen the turning lanes on North College Road, the Planning staff recommends that the best use for the property should remain residential. To utilize the fi property residentially, Branch Road could be extended a short distance with a cul-de-sac developed toward the southern end of of the site. Lots could then be developed within the interior of the property without fronting on any major road. Adequate buffering already exists in the form of mature and natural vegetation. 1 8:1 ~, ~- . ~ti r ~ r ..~, •zy, ,• ~ ~ _ ~ ' a ~:. ~ i:~ ~ .- ~.: t i.: °°a..,. 4 }i ~°~M'a '~~'•....•. , • ~ \ ° . . ,.; . . o o ~~ U • r• m° ~ ~ o O ~ - O b~M~N C = ° ~ ~ ny ~ ~ i ® ~ .•. . ;: q' . ii::•. ::r } Z W - O WJZ W ¢ ~..•.•• ¢ w. ¢ J N W~ w~ J 2 Q O W E - N 3 Oa Jo a¢z¢~wN LLmm ~ QgOZw~~j~w~?>°ooz m ~ ¢ - mO j F--F..,OO J- - ~ ~ ~~z°w~o¢~oWO~~oo~ otJ ~ ~ Z W pO s¢ztltI~-~-~¢'~NF"OUJ JO CC O~NOJ=W rnx WOZW WO ~ i :. ~.. ~ QC7JU_ W G 4__ i+` " J ~¢¢ W W ~J -- 4 0 W~ m Z [L 2 S 2 CC :. ..•; •:: ~' e . ~( _ D„ r q,v~mu.¢~UUxv~ Lt i o.=r.M--•~~~ N ~4 .=airiv~ri~ncoai .- ~ i I '° o s ~. , . ~ Petition Summary Data Z-f79 - Otivner:.John.Wessell (petitioner) Existing Land Use:. vacant " ~ Zoning Histor-y: Originally zoned in July, 1972 'Water Tyne: Community and individual well • Setiyer T pe: Individual. septic tank °• Recreation Area: Kings Grant Park Access and Traffic Volume: 28,100 ADT•('97 count), North College Road Fire District:. Winter Park VFD '~'Vatcrshed and Water Qualih~: Smith Creek G(SW) ;• ~ Aquifer Rechar e Area: Shallow water table t ,. :, Conservation/Historic/Archaeologic Resources: none Soils: Class II ~ . l3uildin~ Suitability: Moderate limitation - Schools: Blount Elementary. School District e ,83 Petiti®n ~to: I`~~~r an~ver C®unty Planning ~~oard Concerning August 5, 1.999 meeting item ~t7: Request by Larry and Maggie Ripa'to rezone 5.25 acres located at the northlvest intersection of the Smith Creek Parkway and 132 N (North College Road) from R-15 residential to O &~I (Office and Institutional). tiVe, the undersigned, do asl< that the request by John Wessell for Larry and Maggie Ripa to rezone 5.25 acres located at the Northwest intersection of the Smith Creek Parkway and Highway l32 N (North College Road) from R-15 (residential) to 'O &~ I {office and institutional) be d~i~leC~ aS 1dt25'tdCttgble fD~• 1dtls ZoCtdt101d rtjttl Ot' ~. Part Y 1. This property would be accessible through the Springvew residential.:community, ijicreasing trafj~c acrd luazards to neighborhood children, and overloading a traffic area that was not designed to handle more than residential traffic... . 2. A dangerous section of 132 N {North College Road), where I-40 and Smith Creels Parkway converge, would now have a sudden turn of£: It,would also force north bound traffic to make a U-turn at the Springview neighborhood entrance in order to reach the property. This,ntersection is already,prone to accidents do to the amount of residential traffic from Springview and Kings Grant. Kings Grant residents already have to cross northbound traffic to turn left on College Road at the same Springview entrance. 3. Drinking water and sewage capabilities would need very careful development for this property, with the possible overload to home owner's wells rend sepfic fields: , 4. The newly constructed wetlands at the Smith Creek Parkway location would require protection from storm water runoff from this adjoining property.. , 5. The lengthy intrusion. of construction equipment which will access the property by driving through Springview and parking on Spring Branch Rd. and Riplee Dr. creates a very real safely issue for playing children. 6. Residential property valace will decrease unless further commercial encroachment continues to buy up and rezone the entire neighborhood. 7. Springview is an established community that is peaceful and has that quiet residential atmosphere that so many people call home. WE vVAN'I' TO DEEP' I'P T1~T ~VA~'!. Anyone wanting an office and iaastitutiontrl park ira your neigh] raise your ltarail! Yoaa must be fire one wlao owns fire property. 84. Pa,~e t of - i ~ .. .~ l f - , Petition to; ~e~ HanOVer ~~~.nty F~lanning ~Oard Concernin > Au ust 5 1999 meetin item #7: Re nest b La and Ma ie Ri a to g g ~ g 9 Y ~' gg P rezone x.25 acres located at the northwest intersection of the Smith Creek Parkway and ' 132 N (North College Road) from R-15 residential to O & I (Office and Institutional). We, the undersigned, do ask that the reduest by John Wessell for Larry and Maggie Ripa to rezone 5.25 acres located at the Northwest intersection of the Smith Creek Parkway and I-Iighway 132 N (North College Road) from R-15 (residential) to 0 & I (office and institutional) be c~'e~aied ors ttnsacitcr~le f®r this l~ct~tia~t ttrzd fot' t#aese ~~~zsorrs: Part II . - If the County Planning Board does indeed go against the wishes of the residents of this ' ~ neighborhood, we would like the following guarantees: • . 1. There would be 1~ access from the Ripa property onto Springbranch Rd or Riplee Dr. .This concern stems from the fact that a gravel road that already exists at the end of Springbranch Road would be used for the purpose of access to the Ripa property during construction and as an entrance after construction. The resulting traffic overload and Hazards to-our children is unacceptable. 2. -There would be a more than sufficient berm erected to insulate and beautify the existing neighborhood... not destroy it. 3. That the residential home located at 4642 Riplee Drive will remain residential and not~be allowed to be incorporated into or used for business purposes ... Mr. Ripa has expressed interest in purchasing 4642 Riplee Drive which is currently for sale. and borders the corner of the properly in duestion (proposed 5.25 acres for rezoning). Using this property .along with the 5.25 acres would of course exemplify further encroachment of our neighborhood and devalue neighborhood properties even more. 4. That a traffic light be installed at the intersection of Springview Road and 132 N: (North College Rd,) to control the increased traffic accidents created by the necessity to make U-turns to access the Ripa property. • _S>[ N T 1~ ADLP312ESS 5 V~ I"Gh ~,~KL~ ~ a s ~ ~ ~ o, r 7 r,.-• { % , ~ ~ ~ -/ ~„ ~ l . 85- ~~ e ~. Petition to: Nevv ~I~:nover ~®u~ty Pla>n.~.ing hoard Concerning August 5, 1999'meeting item #7: Request by Larry and.Maggie Ripa to rezone 5:25 acres located at the northwest-intersection of the Smith Creek Parkway and 1:32 N (North College Road) from R-'15 residential to O &`I (Office and Institutional). We, the undersigned, do ask that the request by John Wessell for Larry and~Maggie Ripa to rezone 5.25 acres located at the Northti~est intersection of the Smith Creek Parkway aid Highway 132 N (North College Road) from R-15 (residential) to 0 & I (office and 'institutional) be ~~~aaetl tt~ ca~a.~r/ittrble ft~r tlti,~ lncation anal ors t`lte.~~ r~ecrso~.~: . fi t(;.'N A TYTRF. A ililRF.,~,~ 86. r,aa e. 3 Poti~tlon t0: NSW Plano~er ~oun~ty Planning ~3oard -Concerning August 5, 1999 meeting item #7: Request by Larry and Maggie Ripa to .rezone 5.25 acres located at the northwest intersection of the Smith.Creek Parkway and 132 N (North College Road} from R-15 residential to O & I (Office and Institutional). We, the undersigned; do ask that the request by-John Wessell for Larry and Maggie Rpa.to rezone 5.25 acres located at the Northwest intersection of the -Smith Creek Parkway and Highway 1.32 N (North College Road} from R-15 (residential) to O & I (office and institutional) be ~lenr~tl try tara~ttitrable~`®r' tlgas lacatinn antl ,~a>• . t'ae~e ~etcsoral: ,, i ~. .1 .. ; ..... ... . . Q~ ~S ~7 pa~~ w Petition to: ~ I~Tew ~a~®~er ~OUnty Planning ~®ard Concerning August 5, 1999 meeting item #7: Renuest by Larry and Maggie. Ripa to rezone 5:25 acres located at the northwest intersection of the Smith Creek Parkway °and 132 N (North College Road) from R-1 S residential to O`& I (Office and ,' Institutional). 88 I We, the undersigned, do ask that the request by John Wessell for Larry and Maggie Ripa to rezone 5.25 acres located at the Northwest intersection of'the Smith Creek Parkway and Highway 132 N (North College Road) from R-15 (residential) to O & I. (office and institutional-) be rleaai~e~l tt5 ttrt~satattrb~le~~~ thi~ocrali®n nitd ,for' NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD.ACTION Meeting Date: 10!04199 _ . Regular Item #: 5.9 Estimated Time: Page Number: Department: Planning .Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: ~ . z-685, 9199; Applicant: Elizabeth Properties. Request R-15 Residential to O&I Office and Institutional. BRIEF SUMMARY: Due to the absence of the petitioner and based on staff recommendation, the Planning Board by a vote of 6-0 recommended denial. r .RECOMMENDED MOTION AND REQUESTED ACTIONS: staff recommends denial - FUNDING SOURCE: ' none w ATTACHMENTS: 4 pages ITEM DOES NOT REQUIRE REVIEW 1' . COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: ~, , rcoulVTY co~IMl~lo :; . ~ APPROVED ^ _ - REJECTED O .. REMOVED i~~ `; POSTPONED O ~~9 ' r~ HEARn 0 ao 1. , ~ DATE .~.~~ ~ QQ ITEM I 9~0 CASE: REQUEST: Z-685, 9/99`~Applicant: Elizabeth Properties R-15 Residential to O&I Office and Institutional f\ ACREAGE: 1.65 Acres L®CATION: 5100 block Carolina Beach Road, east side LAND CLASS: Urban Transition- Allows for intensive urban development.on lands - that have been or will be .provided with necessary urban services. . Residential development can exceed 2.5 units/lots per acre where.the development can be serviced by water and sewer systems and has direct access to a major road. Planning Board Recommendation {September 2, 1999 Meeting) Due to the absence of the petitioner and based on staff recommendation; the Planning .: Board by a vote of 6-0 recommended denial. Staff Summary The petitioner is requesting 1.65 acres be rezoned to O&I Office and Instituional. As the. site map depicts, the entire tract with the exception of Carolina Beach Road is zoned R-15 Residential. Several neighborhoods located on the east side of the road include Treetops; Willoughby Park, and Johnson Farms. All three projects have experienced moderately successful growth. North of the proposed site is a large commercial node at; Silver Lake and Carolina Beach Roads. Most of this commercial node is undeveloped.-South of the site is,a larger commercial node, mosf~notably around Monkey Junction. Rezoning petitions along Carolina Beach Road have not been unusual in recent months. Recent efforts to rezone properly north of the Silver Lake Road area despite staff concerns has been successful. Two elements that have contributed to commercial pressures in the area have been the Carolina Beach Road corridor and the availability of water and sewer. Commercial pressures will no doubt continue in the immediate firture. While the petitioner has two elements (water/sewer, major arterial) to their favor, staff believes that the existing vacant commercial and professional office land inventory to the north and south is adequate for the area. Land Use Policy. guidelines encourage commercial and professional office land uses at major, road intersections. This petition in effect would create a new zoning ,district~which~may+encourage other rezoning petition requests to follow creating a bad precedent for the irnmedat~a ea'~Staff also believes that the current residential zoning classification lends ~~~:^~~ itself mor~'e to residential development than the proposed O&I request. A good example would be residential pro~j ects such as Treetops, Willoughby Park and Johnson Farms currently under dll~ ~t~ ; ~ , ~~ construction. For.these`/A~reasons staff recommends denial. 09 1111999 15 68' FROM CRPE FEAR CHRISTMRS HOUSE TO 3414556 P. 01 . Eliza.betl~i Properties, Inc. . "- 145 Partridge Road . ~.. Wilmingto~a, SIC 28412 - Sept. 1l, 1999 Ms. Lucie Harrell Clerk to .the Board New Hanover County . - 320 Chestnut Street WiZzyiingtoz~, SIC 28401. . lZe: Z-68S (I;Z-I S to Oil} Dear Ms. Harrell: - , { -We were notified by letter from 5. A. Burgess, Staff Planner, that our petition to rezone 'I ~ :property located in the 5100 block of Carolina Beach Rd. (511 l Car'olixza 13eachRd.), east side fram R-15 Residential to O&I was recommended to be denied on Sept. 2 by the Planning Board. ~` We would like to appeal that recommendation. Please call me at 79b-0222 if you need . ~ any further clarification on this. .Sincerely, - ~ `~d Eliza eth L. Norton President, EIizabetlz Pz~operties, Inc. . ~ ~~ ~ ~® _ O v ~ °~ 4"' N \ ~ J "s CV e .. ~. i Z-685; 9/99. • Petition Summary Data Otivner /:Petitioner: Elizabeth Properties Existing Land Use: Residential Zonin History: Originally zoned in April 7, 1971 Water Type: Community and Individual wells SetiverTYpe: .County and Individual septic systems Recreation Area: Arrowhead Park - AceesS and Traffic Volume: 15,800ADT (`97) North Monkey Junction hire.Distriet: Myrtle Grove VFD . Watershed and Water Oualit~Classification; Motts Creek, C(SW) A uifer Rechar e Area: Primar Castle Ha ne and Peedee A uifers ~ g Y( Y ~ ) Conservation/ Historic/ Archaeologic Resources: None - Soils: Stallings (ClassII) Building Suitability: Moderate Limitation Schools: Roe Elementary • 93 {This page inte~tionall,~ left blank} 94 . - t NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION i~ ~ . Meeting Date: 10!04/99 - Regular Item #: 5.10 Estimated Time: Page Number: Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: ` ~ Z-683,9199; Applicant: Jon Vincent for Gulfstream properties, LLC Request R-15 and CD Conditional Use District O&I to B-2 Highway Business and O&I Office and Lnstitutional. . BRIEF SUMMARY: A number of residents from the Greenbrier neighborhood spoke in opposition to the petitioners' request. Concerns included .potential drainage impacts to adjoining property, location of commercial and professional businesses in close proximity to the neighborhood, degradation of property values and other associated ills. In response, the petitioner withdrew the O&I Office and Institutional portion (along with parcel 14) of the rezoning request. The Planning Board. recommended by a vote of 6-0 to approve the B-2 . portion of the petition excluding parcel 14. RECOMMENDED MOTION AND REQUESTED ACTIONS: recommended by b a vote to approve only B-2 portion of the petition excluding parcel 14. FUNDING SOURCE: ~: ~ none ~ t ~~~ ~ ~ ATTACHMENTS: ' 6 pages ~ ITEM DOES NOT REQUIRE REVIEW < COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: t . rCOUNTY COMMh~tnN~ ' APPROVED . REJECTED p , REMOVED O ,k'' POSTPONED p HEARD p DATE < ~~ `~"'-"'~~ ~.J ITEM J CASE: REQUEST: ACREAGE: LOCATION: Z-683; 9/99; Applicant: Jon Vincent for Gulfstream Properties, LLC R-1S Residential and CD Conditional Use District 0&I to B-2 Highway Business and O&I Office and Institutional 18.29 Acres 5X00 block South College Road, east side near Monkey Junction LAND CLASS:Resource Protection-.Provides for the preservation and protection of ,important ;natural, historic; scenic,; wildlife, and recreational - resources. Residential density cannot,exceed 2.5 units per zcre. Planning Board Recommendation (September 2, 1999 Meeting) A number of residents from the Greenbriar neighborhood spoke in opposition to the petitioners'.request. Concerns included potential drainage. impacts.. to adjoining. property, location of comrriercial and professional businesses in close ,prosimity~to_the neighborhood, degradation of property values and other associated ills. In response, the petitioner tivithdrew the O&I Office -and Institution portion (along with parcel 14) of the rezoning request. The.Planning Board recommen~cTed by a vote .of 6=0'to.approve only the B-2 portion of the petition excluding parcel 14. Staff Summary The petitioner is requesting a rezoning change on approximately 18.29 acres known as Junction Creek Business Park. At the present time, approximately 2 acres is zoned CD Office & Institutional. This rezoning to conditional use was approved by the County in 1998. No structures are currently in place- a bank is proposed for the CD portion of the site. The balance of the tract (16.3 ac) is zoned R-15 Residential. Simply put, the petitioner is„requesting that approximately 11.79 acres be rezoned~from CD O&I and R-15 Residential to 0&I: The balance of the property which consists of 6.5 acres is proposed B-2 Highway Business from R-15 Residential. As noted on the site map, a large commercial node south of the proposal sun•ounding the Monkey Junction area has evolved over the past 15 years. A variety of services such as retail establishments, professional offices, and restaurants exist north of the South College/Carolina Beach Road intersection to the applicant's property. These services are primarily used by nearby neighborhoods, and a host of other residents from the southern part of the County. These services a~rl o uJtijlYi~z~d~by~t~~~~sts and others traveling south to Pleasure Island. Historicalhy, de,~p l~op~ersand staff have wrestled with how far north commercial and office development sh©u1~dr~extend. Since the late 80's when the first commercial property was created ion the east side~of}South College Road at Monkey Junction, there have been numerous attempts to extend the existing commercial district north. Many of these attempts to rezone property have 96 ~r - : _ .~~~ Z-683 (cont'd) ~ ~ 2. .been successful resulting in a gradual creep approximately 1,000 feet north from Monkey Junction. Nearby residential concerns, most notably in the Greenbriar development have also been noted relating to the extent of proposed commercial zoning along South College Road. The petitioners' request to rezone .property to O&I grid B-2 is not unfounded. As the area around Monkey Junction continues to grow, additional services will be needed. The proposed O&I district that adjoins the Greenbriar development and wraps around the existing~commercial . district along South College Road provides, abuffer/transition abutting residential land uses. Staff acknowledges that additional services may be needed.in this area due to growth: However, severe consequences (noise, light, drainage impacts) not easily mitigated by buffers and setbacks likely will occur din .neighborhoods in close.proximity to the property.- Another concern is the continuation of encroachment and expansion of commercial and office districts to the north aild east of the site. Future extensions of commercial and office district proposals will continue to undermine :the residential fabric that has been in place for many years. In trying to balance the need to preserve the existing residential neighborhoods and still provide opportunities to meet a growing need for services in the area; staff recommends that the petitioner's proposal be scaled back, reducing the amount of commercial and office property. . This reduction would encourage the residential expansion of Wood Duck Forest and Greenbriar neighborhoods and prevent a continuation of commercial and office and institutional encroachment to the north and east of South College Road. Staff believes that parcel I4(located on site map) should not be rezoned and additional limitations placed~upon the O&I expansion to the north adjacent to the residential lots along Pine Forest. Road. 97 98` d J 8 ~ i v ° °0ix~yo ~ 9 "'•.. L ~ .~ ~L h 3 Y~ c .~ 3 3 ,i y G r 3 ~ H 'goy 1~y7 ~ C ~ ~ ' t °auy g I ~ oU a O M ~ m 8 ~ M (`7 O k8 c0 O w ` ~ mM N m N t` \ . N m N N M P ~ f ' ice. N \ N • N ~N N ~ o)Tgi~ nW ' ° ~ ~ np O ~ Vi'i' ``'`'.~:r ::::;:. ~~ :::t -:.~ ~ ~~ :1 ~ J~ W ~ `~ Z ~ ~ N U Q C ~ ~ SS Z II U v o e ' o- 0. o = R ~ ° ~ e O O 8 = ~ ~a z m z ~: ® oz°~ z~~ ~ ~ w .•.~• tZ a. w O ~ _1 2 rZ rs n. ~ d ~ SJy C7 :.':'.'~ ~° LL r p U ZrZI"-' ~ ~ 1 U Z U U CC O O C.7 Z U W U Z Z¢ c.7 w N y UZW U Z z Zz~¢ O= = t- ¢z7z ~'~ zy J ~'". 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' `l Z-683, 9/99 Petition Summary Data Owner % Petitioner: Jon Viricent Existiria Land Use: Vacant Zonin~Historv: April 7, 1971 Water Type: Community Sewer_Tvpe: County - Recreation Area: Carolina Beach Road Park Access and Traffic Volume: 19,100 South College. .Fire District: Myrtle Grove 13,980 Watershed and Water. Quality Classification: Whiskey Creek SA Aquifer Recharge Area: Primary Recharge Area Conservation/ Historic/ Archaeologic Resources: None Soils: Leon, Lynn Haven, Seagate Building Suitability: Severe Limitations, Severe Limitations, Moderate Limitations Schools: ROE - • 99 STATE OF NORTH CAROLINA COII~'TY OF NEW HANOVER ORDER GRAi`iTING A SPECIAL USE PERMIT IN A C'(~NDITIONAL USE ZONING DISTRICT BANK The County Commissioners for New Hanover County having held a public hearing on April 7, 1998 •fo consider application No. Z-b 17 submitted by Gulfstream Shopping Center Properties, a request for a Special Use Perrriit in a Conditional Use Zoning District to use the property located on South College Road, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and drew the following COti'CLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1(3) and 72 of the County Zoning Ordinance WILL be satisfied if the property- is developed in accordance tivith the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will.not materially endanger the public health or safety if located tivhere proposed and developed according to the plan as submitted and approved. In support of this conclusion; the Commissioners make the follotiving ENDINGS OF FACT: A. The site has access to water and sewer. B. The site has access to S. College Road. Two access points are proposed--one utilizing the existing library entrance and the other to the south. ~ _ C. The site is located in the Myrtle Grove VFD District. • D. The proposed use, a bank, poses no knou,~n threats to public health and, safety. 3. It is the County Commissioners,' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion,- the Commissioners make the folloti~~ng ENDINGS OF FACT: r A. A site plan pursuant to the Zoning Ordinance has been submitted. B. A maximum building height of 2~ feet is proposed. Accordingly, the.minimum setbacks are 68.75 feet on the side yard and 93.25 feet on the rear yard. C. Excluding parking credited for the drive-up tellers, 52 off-street parking spaces are provided. D. Adequate area is available to meet landscaping and buffering requirements. E. There are no conservation resources on the propert}~. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use tivill not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Staff has not been presented any evidence from appraiser or ru7y other real estate professional that constriction of a bank at this location would have a negative impact on 1 O,O property values. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in ~,~•hich it is to be located and in general conformity with the plan of development for Ne~~; Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A.. The Myrtle Grove Branch of the New- Hanover County Library is located next door. Commercial uses are located to the south and west. B, Added buffering and. setbbacks should mitigate some of the impacts to immediate neighbors. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application.forthe issuance of a SPECIAL USE PERMIT BE GRANTED, subject to the following conditions: ~ ~ - A.` That the applicant shall fully comply with all of the specific requirements stated in the Ordinance-for the proposed use, as well as any.additional .conditions hereinafter stated. B. ~ If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this - permit shall become void and of no effect. ` • C. ~ Other: l) • All' other applicable federal, state and local laws 2) Move 7•ff. fence to, southern side of vegetated buffer plaruied adjacent to Greenbriar •' .~ ~) ~ Plantings izz the buffer shall consist of Leyland Cypress . . . ~) Per site, plan Ordered this 7th d v of April, 199. ~~ A. Attest: o~~ ~ ~~~c William A. Caster, Chairman Clerk to the Board Affirmation this, 7i~ day of ~~~' ~.o , 1 O°~' ~` <L ,01 r; 102 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: '10/04/99 Regular Item #: 5.11 Estimated Time:. Page .Number: Department: Planning Presenter: Dexter Hayes ~. ~ Contact: Sam Burgess SUBJECT: - s-445, 9/99; Special Use Permit Request for Paintball Club BRIEF SUMMARY: There was no opposition to this petition from adjacent landowners. Several individuals spoke in favor of the permit. The Board recommended approval RECOMMENDED MOTION AND REQUESTED ACTIONS: ' The board recommended approval FUNDING SOURCE: none , .ATTACHMENTS: ~ ' 4 pages ITEM DOES NOT REQUIRE REVIEW. - COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: 104 t~l N H 4 z w n °v o - ~ ~~.z \/ ° ~ ~ m oo cc ~'V ai o °o p ~- S c o s a6 8 2 ~' N (~ 0 z~: ® o x ~-°~ ~~7 0 °i ~ ~ ~yZ Z'Y' a~ UZZ wm~~¢ Y ' GJ 2 ~ ~~~¢:¢ Q..W Z a ~ ~ ~i~l=;~;~iw~~~4 :3~! ¢ ~w>^ ~J =N J j U ti U Y F_ W YI ~ Q, ear.. JZIZ,~JU~~¢~/~y N` C¢ ~¢~ W N, W~ m~ f ~ a v Z'~Z"~~¢ OO o_ w w ~~C~~wp¢w=¢.` ~ ~ ~ (} USSL7¢ ¢ 'y~ eLQ ~-Ntn V' ~lD NmQi - /~ d~ n o rn b m C~ n ~.. ~N N ed Q • OC ~a W m~, O-r ~~ . "",-'`~ ~ ~ ~~ ~~ ~o :e .~ ,WQ ~\, ~~ ,~ O~ / z~ a~ ~o ~~ _ oN o~ ~~ o~ J~ ~~,a~,~ f E'xa..~ ~ ~~ ~ s cry ~.~ .> ~ 't',v C~ '~ n ,1l O~ a~ ~~~\4.~A ~ j ~ i~ / oy ~ O~ ~~ ~,~v~,~ , ~ ~~ ,`~~~J ~ ~ -~~ ,. ~ _ ~, ~ \1 ~. ~o ~~ o~ ~ \ -,~ ~~. ~ \ w \ `~ ~ ~; 5-445 PETITI®N SUMMARY DATA .~ OWNER/PETITIONER: STEVE RHODES ' . EXISTING LAND USE: VACANT ~ • . , ZONING HISTORY:. ORGINALLY ZONED IN JULY, 1985 WATER TYPE: INDIVIDUAL WELL' SEWER TYPE: INDIVIDUAL SEPTIC TANK '.A ,. RECREATION AREA: CASTLE HAYNE PARK , ACCESS AND TRAFFIC VOLUME: 13,500, ADT ('97 COUNT), CASTL' E HAYNE ROAD ,, FIRE DISTRICT: WRIGHTSBORO VFD WATERSHED AND WATER QUALITY CLASSIFICATION: NESS•.GREEK, C (SW) AQUIFER RECHARGE AREA: SECONDARY RECHARGE ~° CONSERVATION % HISTORIC/ ARCHAELOGIC RESOURCES::NONE ;, SOILS: ONSLOW, CLASS III, ''';; . BUILDING SUITABILITY: SEVERE WETNESS ~ . SCHOOLS: WRIGHTSBORO ELEMENTARY ' ~. ~ ' • ~ • 106~~ r; - ITEM K Case: 5-445, 9/99; Special Use Permit Request for Paintball Club Planning Board Recommendation (September 2, 1999) There was no opposition to this petition from adjacent landowners. Several individuals spoke in favor of the permit. The Board recommended approval. Staff Findings 1. The. board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A..The site is served by individual well and septic. B. Access to and from the site is proposed on Chair Road, which is a N.C. numbered road (SRlv32). The proposed access appears to be existing for farming purposes. C. The site is bisected by the current alignment of the proposed Northern by-pass. - D: The site is located in the Wrightsboro VFD E. Petitioner currently has a paintball field on the property. F. Although a portable 8'x12' building is proposed on the site, there will be no.permanent buildings or structures constructed in association with the proposed use. G.'The petitioner plans to obtain liability insurance. 2. The Board must find that the use meets all required conditions and specifications of the , zoning ordinance. - . A. The. subject property is zoned R-20 and the land classification is resource protection. Commercially operated outdoor recreational uses are permitted by special use permit in the R-20 zone. B. The Zoning Ordinance requires that adequate buffers shall be provided to screen adjoining residential uses from the effects of light and noise generated on the site. C. The Zoning Ordinance requires that the building setback is 54'from the right-of--way. D. The Zoning Ordinance allows for one ground sign not to exceed 32 sq. ft. provided the sign is setback 25'~from the right-of--way. . E. The Zoning Ordinance requires that access to the site shall be on a U.S./N.C. numbered road or a collector road as designated on the NHC Thoroughfare Classification Plan. The state road number for Chairroad is (SR1332). 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. The .surrounding land use is residential/farmland. The surrounding zoning is R-20. B. Commercially operated outdoor recreational uses are permitted by special use permit. Based on petitioner's letter the adjacent landowners have had no complaints about the existing paintball field and its associated activity. .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 canformity with the plan of development for New Hanover County." A. The proposed use appears to be in harmony with the area and inconsistent with the NHC L s plan. ~~ B. The proposed use should not have any positive or negative affect on adjacent property values. NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~--1 REQUEST FOR BOARD ACTION ~~ Meeting Date: 10!04/99 Regular Item #: 5.12 Estimated Time: Page Number: , (+' Department: Planning Presenter: Dexter Hayes Contact: Sam Burgess SUBJECT: A-300, 9/99; Applicant: Daclar, Inc. Petition to amend Zoning Ordinance by adding Indoor/Outdoor Recreational Establishments as a permitted use in the O&I District. BRIEF SUMMARY: The Planning Board Recommendation (September 2, 1999 Meeting) The Planning Board concurred with staffs recommendation that IndoorlOutdoor~Recreational Establishments be permitted << ~ in the O&I District by Special Use Permit only. RECOMMENDED MOTION AND REQUESTED ACTIONS: To be consistent with our present standards for Indoor/Outdoor Recreational Establishments, staff recommends that the table of permitted uses be amended to allow the use in an O&I District by special use permit only and not by right. Each property would then be reviewed according to its own special circumstances. FUNDING SOURCE:' none ATTACHMENTS: 2 pages ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS: rCOUNN COMM1~10 ,"hr, APPROVED ~°~` ,, , REJECTED D ;;~' REMOVED ~ ~~~ POSTPONED D F r.~ HEARD ~- ,,,~~~ 109 { Thrs page Intentlonallylelt blank} 112 { .phis page intentionally left blank} l~ 114 • . I , NEW HANOVER COUNTY BOARD OF COMM1SS10NERS . REQUEST. FOR BOARD ACTION Meeting Date: 10%04/99 Water & Sewer Item #: 2 Estimated Ti me: Page Number: -~ ~ Department: Governing Body Presenter: Lucie F. Harrell Contact: Lucie F. Harrell . SUBJECT: .Approval of .Minutes -Water & Sewer Agenda BRIEF SUMMARY:. '' Approval of the following. sets of minutes: - Regular Meeting, August 16, 1999 Regular Meeting, September 7, 1999 Regular Meeting, September 20, 1999. RECOMMENDED MOTION AND REQUESTED ACTLONS: Approve minutes as presented~by the Clerk to the District Board. FUNDING SOURCE: - ATTACHMENTS: .~ - ..ITEM DOES NOT REQUIRE REVIEW 5 rCOUNTY C~OMMI~10 ~.; . APPROVE REJECTED . REMOVED O ~: ,. POSTPONED D ,~. HEA~I7 DATE ,;~~ `fig ~-4 115 {This page I~tentlor~ally left blank} . a ~ . 4J.~1 i uJ~TV ~ s~.}.,ry~wR, ~ ~ ~ q ~/pp \tiA~ '' i ~ q ~Y P :~ ~ .mod d ~_.._ . _ ... A 116 ENDA. ~ ~p~~ CONSENT ~AG , NEW HANOVER COUNTY BOARD OF COMMISSIONERS October 4,1999 ~~~ ~ ~, . ~ ITEMS OF BUSINESS `. 1. Approval of Minutes 2. Approval of Application for Federal and State Assistance -Hurricane FLOYD; Designation of Applicant's-Agent 3, Approval of Budget Amendments: 3.1 #2000-07 Federal Forfeited Property Capital Project 3.2 #00-0035 Social Services to transfer the "Good Friends" funds to a special (balance sheet) account to simplify collection and. disbursement 3.3 #00-0037 Outside Agencies/Contingency to transfer funds from Contingencies for a contribution to the Lower Cape Fear River Program toward the cost of educational signs to be installed along the Riverwalk. 3..4 #00-0038 Hurricane. Fran to rollover anticipated FEMA revenue and construction expenses related to cell#1 closure not completed 6/30/99 4., Approval of Lease Agreement with State of North Carolina (UNCW) and and the County for Northeast Branch Library 5. Approval for Department of Aging to apply for Home Delivered Meals Program for the amount of $39,601.. 117 ~~. 118 - ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10!04/99 Consent Item #: 1 Estimated Time: -Page Number: . Department: Governing Body_ Presenter: Lucie F. Harrell , Contact: 'Lucie F..Harrell SUBJECT: Approval of Minutes -Consent Agenda BRIEF SUMMARY: Approval of the following sets of minutes: Regular Meeting, August 16, 1999 -Regttl~AA~t+ng-Septe~bet'~~9~- - Regular Meeting, September 20, 1 g99 t-a ~ g.,-Se~ternher.~ 1~ Airli arde ~sn;-S~pt~r-n-9~9- Jail Work Session, August 23, 1999 Boa g-.. . Budget Work Session, May 3, 1999 . Budget Work Session, April 26, .1999 + ~} ~y~~,,,5~ (,l~~u,~.~ ,~,~-mow-- Q..~ a f;,~ 9.30 £ 3 ~ ~/ . ~..~ U RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve of minutes as presented by the Clerk to the Board. FUNDING SOURCE: ATTACHMENTS: ' ITEM DOES NOT REQUIRE REVIEW _ COUNTY MANAGE COMMENTS AND RECOMMENDATIONS: Approve minute . COMMISSIONERS' ACTIONS/COMMENTS: . ~COUfUT1f CQMMl~ION APPROVED C~--` ; REJECTED [3 '_ REMOVED p - POSTPONED C -~ 19 HEARn _. o .DATE ~~:o~~ r9 - -: ~ r; . ~,~-d G~l~; 120.9 :. ., ~~ ~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/04/99 Consent Item #: 2 Estimated Time: Page Number:. Department: Finance Presenter: Contact: Bruce Shell SUBJECT: Application for Federal and State Assistance-Hurricane FLOYD; ' Designation of Applicant's Agent BRIEF SUMMARY: . FEMA requires the submission of the "Application of Federal Assistance" and the "State-Applicant Disaster Assistance Agreement" forms to begin the reimbursement process for Hurricane FLOYD. Also required is a resolution designating the Applicant's Agent. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval to apply for funding.. Request authorization for the County Manager to sign as the authorized representative on the Application of Federal Assistance. Request authorization for the County Manager to sign the State Assistance Agreement.- Request resolution designating Count Mana er, Allen O'Neal as the Applicant's Agent. Y 9 FUNDING SOURCE; Federal/State- ATTACHMENTS: REVIEWED BY: LEGAL: Approve . FINANCE: Approve BUDGET: Approve HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND OMMENDATIONS: .Recommend approval as noted above. COMMISSIONERS' ACTIONS/COMMENT , r~~~1V 1 I Ii~MIY1lJ~l® APPROVED L3~ REJECTED O REMOVED D POSTPONED D HEARn p ''~ ,,~• .DATE .- t o '-Fl, ..I DESIGNATION OF APPLICANT'S AGENT RESOLUTION , Board of BE IT RESOLVED BY County Commissioners OF New Hanover County (Governing Body) (Public Entity) THAT Allen O`Neal County Manager (Name of Incumbent) (Official Position) OR Governor's Authorized Representative, is hereby authorized to execute,for and in behalf of New Hanover County a public entity established:under the laws of the State of ; North Carolina ,this application and to file it in the appropriate State office fo,r the.. purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. - THAT New Hanover County , a public entity established under the laws of the State of North Carolina ,hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FEMA) for all matters pertaining to such Federal disaster. assistance the assurances and agreements piinted on the. reverse side hereof. Passed and approved this day of , 19 • William A. Caster, Chairman, Board of County Commissioners (Name and Title) - (Name and Title) (Sign e CERTIFICATION I, Lucie F. Harrell ,duly appointed and Clerk to the Borad of (Title) New Hanover County , do hereby certify that the above is a true and correct copy of a resolution passed and approved by the County Commissioners of New Hanover County (Governing Body) (Public Entit)~) on the day of , 19 } ,~. Date: r'~~ ri~~:i ~~',f~} 'tJ~l' ~tlC~~~~ Clerk to the* Board ~-•. ~-~ `~ ~ ' ~ ~-~~~~~`~ (Signature) (Official Position) t~! ~~~~M1 ~~ r~~~ r ,, ame~•of incumbent named noxt,beyprovided in those cases where the governing body of the public entity desires to 12orize any incumbent of the designated official position to represent it. Rcv, QN)9 APPLICANT ASSURANCES The applicant hereby assures and certifies that he will comply with the FEMA regulations, policies, guidelines and requirements including OMB's Circulars No_A-95 and A- 102, and FMC 74-4, as they relate to the application, acceptance and rise of Federal funds for this Federally-assisted project. Also, the Applicant gives,assurance and certifies with respect to and as a condition for the grant that: 1. li possesses legal authority to apply for the grant, and to finance and construct ~ oposed facilities; that a resolution, motion or similar action has been duly dr passed as an official act of the applicant's governing body, zing the filing. of the application, including all understahdings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the applicatibnand to provide such additional information as maybe required. 2. It wilt comply with the provisions df: Executive Order 11988, relating to Floodplain, Management and Executive Order 11990, relating to Protection of Wetlands. 3. If will have sufficient funds available to meet the non-Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed.- 15. ft will comply with the provisions of the Hatch Act which limit the .political activity of employees. 16. It will comply with. the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, as they apply to hospital and educational institution employees of State and local governments. 17. (To the best of his knowledge and belief) the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 Code of Federal Regulations, Part 206, and applicable FEMA Handbooks. 18. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not or will not duplicate benefits received for the same loss from another source. 4. It will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the grant program(s) have been met. 5.1t will provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to insure that the completed work conforms with the approved plans and specifications; that it will furnish progress repdrts and such otherinformation as the Federal grantoragency may need. 6. It will operate and maintaih the facility in accordance with the minimum standards as-may be required or prescribed by the applicable Federal, State and local agencies for the maintenance and operation of such facilities. • 7. !t will give the grantor agency and the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 8. It will require the facility to be designed to comply with the "American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by 'the Physically Handicapped," Number A117.1-19fi1, as modified (41 CFR 101- . 17-7031). The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor. ill cause work on the project to be commenced within a reasonable time `~eceipt of notification from the approving Federal agency that funds have been approved and wilt see that work on the project will be prosecuted to completion with reasonable diligence. 10. It will not dispose of or encumber its title or other interests in the site and facilities during the. period of Federal interest or while the Govemment holds bonds, whichever is the longer. 11. ft agrees td comply with Section 311, P.L. 93-288 and with Title VI of the Civi( Rights Act of 1964 (P.L. 83-352) and in accordance with Title VI of the Act, no person in the'Uhited States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is prgvided or improved with the aid of Federal financial assistance extended to the Applicant, this assurance shall obligate the Applicant, or in the case of any transfer of such property, any transferee, for the period during which the real property dr structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. 12. It will establish safeguards to prohibit employees from usingtheir positions for a purpose that is or gives the appearance of being motivated by a desire for -private gain for themselves or others, .particularly those with whom they have family, business, or othi:r ties, 13. It will comply with the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Adquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. - 14. It will comply with all. requirements imposed by the Federal grantor agency concerning special requirements of law, program requirements, and other administrative requirements approved in accordance with OMB Circular A-102, ~93-288 as amended, and applicable Federal Regulations. 19. It will (1) provide without cost to the United States all lands, easements and rights-of-way necessary for adcomplishments of the approved work; (2) hold and save the United States free from damages due to the approved work or Federal funding. 20. This assurance is given in consideration of and for the purpose of obtaining. any and all Federal grants, loans, reimbursements, advances, contracts, property, discounts of other Federal financial assistance extended after the date hereof to the Applicant by FEMA, that such .Federal Financial assistance will be extended in reliance on the representations and agreements made in this assurance and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the applicant, its successors, transferees, and assignees, and the person or persons whose signatures appear on the reverse as authorized to sign this assurance on behalf of the applicant. 2t. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234; 87 Stat. 975, approved December 31; 1973. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal fihancial assistance for construction or acquisition purposes for use. in any area, that has been identified by the Director, Federal Emergency fanagement Agency as an area having special flood. hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance ..payment, rebate, subsidy, disaster assistance loan ar grant, or any other forrn of direct or indirect Federal assistance. '22. It will comply with the insurance requirements of Section 314, PL 93-288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced; restored, repaired, or constructed with this assistance. 23. It will defer funding of any projects involving flexible funding until FEMA makes a favorable environmental clearance, if this is required. 24. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of f966, as amended, (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary; to identify properties listed in or eligible for inclusion in the National Register of Historic places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with ail requirementsestablished by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 25. It will, for any repairs or construction financed herewith, comply with applicable standards pf safety, decency and sanitation and in conformity with applicable codes, specifications and standards; and, will evaluate the natural hazards in areas in which the proceeds of the grant or loan are to be used and take appropriate action to mitigate such hazards, including safe land use and construction practices. STATE ASSURANCES The State agrees to take arty necessary action within State capabilities So require compliance with these assurances and agreements by the applicant or to assume responsibility to the Federal government for any deficiencies not .resolved to the satisfaction of the Regional Director a 123 11. .The Applicant shall begin, and complete all items of work within the time limits established by the Governor's Authorized Representative: ; 12. The Applicant shall corriply with all .Federal and State statutes and regulations relating to non-, , dis~-rimination. . . ~ ~J 13. The Applicant'shall comply with provisions of the Hatch Act limiting the political activities of,public employees: • - , 14. The Applicant shall comply, as`applicable,,.with provisions of the Davis-Bacon Act relating to labor standards. 15. The Applicant shall comply with-the flood insurance purchase requirements of the Flood Disaster Protection Act of 1973,.which may require purchase of flood insurance for some costs over $10,000. 16. The Applicant shall not enter into cost-plus-percentage-of--costs contracts for completion of disaster' restoration or repair work. , 17: The Applicant shall not enter into contracts for which payment is contingent upon receipt of State or Federal funds. ' 18. The Applicant shall not enter into any contract with any party that is debarred or suspended from: :, participating in Federal Assistance. 19:.. The Applicant shall comply with all uniform administrative requirements which are set forth in_the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended,, and as implemented by 44 CFR Part 206. Signed by Applicant: ~ ~ 56-60003.24 Allen 0 Neal '' Typed Name ~ Applicant's Federal Tax ~ ' .Identification Number (Required) . County Manager .Title • 'Signature Date .. ~ , Signed for State:... Typed Name Title ~ .. ~ ..- S ignature Date 124 • ~ .__.... REV.Oe~ . STATE-APPLICANT DISASTER ASSISTANCE AGREEMENT This agreement behveen the State of North Carolina and New Hanover County (the Applicant) shall be ~ective on the date signed by the State and the Applicant. It shall apply to all assistance funds provided by through the State to the Applicant as a result of xurricane FLOYn ,and pursuant to the Presidential Emergency Declaration FEMA- - -DR-NC. The designated representative of the Applicant certifies that: He/She has legal authority to apply for assistance on behalf of the Applicant. 2. The Applicant shall provide all necessary financial and managerial resources to meet the terms and conditions of receiving Federal and State disaster assistance. The Applicant shall use disaster assistance funds solely for the purposes for which these funds are provided and as approved by the Governor's Authorized Representative. 4. The Applicant is ativare of and shall comply with cost-sharing requirements of the Federal and State disaster assistance; specifically that Federal assistance is limited to 75% of eligible expenditures, that State assistance is limited to 25% of eligible costs to include alternate projects selected by the applicant. 5. The Applicant shall provide the following documentation: a) Designation of Applicant's Agent b) State-Applicant Disaster Assistance Agreement c) Private Non-Profit Organization Certification (if required) d) Summary of Documentation Form itemizing actual costs expended for large project payment requests If the applicant does not provide the above documentation, the State shall be under no obligation to .reimburse the Applicant for eligible expenses: 6. The Applicant shall establish and maintain a proper accounting system to record expenditures of disaster assistance funds in accordance with generally accepted accounting standards or as directed by the Governor's Authorized Representative. 7. The Applicant shall give State and Federal agencies designated by the Governor's Authorized Representative access to and the right to examine all records and documents related to use of disaster assistance funds. 8. The Applicant shall return to the State, within (30) days of such request by the Governor's Authorized Representative, any advarice funds which are not supported by auditor other Federal or State review of documentation maintained by the Applicant. 9. The Applicant shall comply with all applicable codes and standards in completion of eligible repair or replacement of damaged public facilities. ~10. The Applicant shall comply with all: applicable provisions of Federal and State law and regulation in regard to procurement of goods and services and to contracts for repair or restoration of public facilities. 12 5 '; _ REV. 08h]9 APPLICaT10N FOR ~rnE~AL. ASS15iANCE pMi 1~oo~ov11Na0JttL6•IJ L6-+,rl ivt~+rtto I ~oa,un' w•~t,tr• 10-4-99_ • mt aI l~wrs_u0M 16~.tt R<'U~t] 1r haft _ I Slal• ~oaa+wn c.~~~.•.- - .. 1. / a a-t~ aa'+ S M a oa~'u oon G""~~ ~ ~ ~1wCUO.t a. o.ri .I CIi'tt] er I I]tr~-+- AC.tr+G'Y . fr1 ri+ td~nnll •. (~ ~rrM ~ ^ Nor-Ga^ t*M Z atK1C~+f In~C~~At10H . 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ALL C.~ Y a w fl~+ ] L rJU TK7 by * U-- Y.K~ f1r11 M l TRt! L /..t+C CJU f ^. 1'H t tY,70.Iti+ to 7 PW ~ l L?1 CV't~ „.•_Y r-'m T*'s ~r~..-,.t~ ~.:s~^~o a Tl+t Assu'ca.r.tt t3 a.• •• .:~. [ 'r- . t ^ ..+•~. t-: = r C ~ T+ t ~l r~ Js+ • u+] 1'~ 1 a r r.tV M r.-iL C t ~ , . r,.~ f..~. v ,.,, t,.ar..~.4 ,q ,,,.,...•.. ~-, . ~ L~, u a ~ a g~,r (910) 3 41- 7 _ Allen O'Neal _ ..~ I- _ ~ r, . aurr;t.a ram ~ ~~ •~ ~-.vv, c.c.+a•+ r-aI u ••. P•-~no+o+o or 0++3 v't~ 126 ~ .,.-~hofi.zed for Local RepfoductJon NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10104/99 Budget Amendment Consent Item #: 3.1 Estimated Time: Page Number: DEPARTMENT: Federal Forfeited Property Capital Project BUDGET AMENDMENT #: 2000-07 ADJUSTMENT ~ DEBIT CREDIT Federal Forfeited Property $8,451 Capital Project Expense $8,451 EXPLANATION: To increase budget for additional revenues received 9/7199 and 9/14/99. Federal Forfeited Property funds are budgeted as received and must be uses activities as the Sheriff deems necessary. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: • C:~~'~un~~~~4~d vuL~l ~if~~~©~. ~~ u REJECT4ED ,,LO;~~~ REMOVED to ~~'~ t~ POSTPONED O HEARD DATE .~I ~ -`F~ ~.~t_ 2 NEW HANOVER COUNTY BOARD. OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10104!99 Budget Amendment Consent Item #: 3.2 Estimated Time: Page Number: DEPARTMENT: Department of Social Services/County Commissioners BUDGET AMENDMENT #: 00-0035 ADJUSTMENT DEBIT ... CREDIT Social Services/Good Friends: Assistance Payments $60,970 Good Friends Commissioners' Office: Appropriated Fund Balance APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: 128 $60,000 $970 EXPLANATION: To transfer the "Good Friends" funds to a special (balance sheet) account to simplify collection and disbursement. ADDITIONAL INFORMATION: 'rrn INN COMMI~ION NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/04/99 , Budget Amendment . Consent Item #: 3.3 Estimated Time: Page Number: DEPARTMENT: Outside Agencies/Contingency BUDGET AMENDMENT #: 00-0037 ADJUSTMENT .Non-Departmental: Contingency DEBIT CREDIT $2,000 Economic & Physical Development: Cape Fear River Program $2,000 EXPLANATION: To transfer funds from Contingencies for a contribution to the Lower Cape Fear River Program toward the cost of educational signs to be installed along the Riverwalk. Funding was approved by Commissioners on 9!20/99. ADDITIONAL INFORMATION: With approval of this budget amendment, the remaining balance in Contingencies will be $337,223. APPROVAL STATUS: To be entered into minutes COMMISSIONERS' ACTIONS/COMMENTS: .. i'"~'` ? /~: of ~`,G.:~aVAyad: ll'{,1~,~i4`s`~ . C~E)UN~YrCOMMI~ION APPROVEu~,~;y;~'~ "~~ REJECftiE~J`~~~~ :t` R,~MOVE~Y ~~~ , .~~._~.:.P_OSTPONED~~7.~ .,.~, HEARfJ ~1 .....::ter.. DATE ~il~7`(-']y ~q4~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10/04/99 Budget Amendment Consent Item #: 3.4 Estimated Time: Page Number: DEPARTMENT: Hurricane FRAN BUDGET AMENDMENT #: 00-0038 ADJUSTMENT DEBIT CREDIT FEMA revenue $1,360,000 Contract Service $1,360,000 EXPLANATION: To rollover anticipated FEMA revenue and construction expense related to Cell #1 Closure which was not complete at 6-30-99. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners, _ COMMISSIONERS' ACTIONS/COMMENTS; ~~UNTY COMNfI~I®~I i .r., ,. r, ~~~30 , NEW. HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION • - Meeting Date: 10/04/99 " Consent Item #: 4 Estimated Time: Page Number: ~ " ..Department: Library Presenter: " .. " Contact: David'Paynter " " SUBJECT: . ~ Approval of Lease Agreement with State of North Carolina (UNCW) and the County for the Northeast Branch Library BRIEF SUMMARY: Lessor to .pay New Hanover County $74,520 annually for renting space in the Northeast Branch Library for its Adult Scholars program. The lease is for an initial period of seven years with the option to renew for - " one, three- year term.. ' RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve lease and authorize the County Manager to execute. FUNDING SOURCE: ATTACHMENTS:. ,_ REVIEWED BY: ~ - LEGAL: Approve FINANCE: BUDGET: Approve HUMAN RESOURCES: NIA COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: • ' Approve the lease with the State of North Carolina over the ten year f the lease over $745,000 will be received to fund the renovations to the building. . COMMISSIONERS' ACTIONS/COMMENTS: ~ " . ~, I I i rCOUNTV coMMi~IQ • APPROVED ~Y ~ . . REJECTED O REMOVED ~ I I POSTPONED O HEARIJ O ~,,~ ' DATE ,. -(" 0141 '~ 1 i S"1"ATE O.l/ NORTTT CARULTN~ COUly" I'Y' OF NEW I~ZANOI/I/R [~:h ~ _AGI2:EEMENT 7'ITTS LEASE ACREEIv1L.NT. .made a~xzd entered izrto ° this the dray of ,__ ~ ,1999; by anti betwc~rr NE.W HANO•V:E~t C(3LENTY, he.rei,n~,(ter referred to as L.ESSUR: acid THE S'~'.A,TE:QF N012'I'H:CAT•tnTa.I.FiA, hereinafter referred to as LESSEE; . W~~~I~S S CTI3: , THAT' WIILREAS, LTNC-Wi,lzni:ngtom, has reclraested aiid approved the e~cecuti.oia of this iz~strument for ~€he purposes k~erein specified; arzei, Wl-Z.~'REfLS, the cx~etitie»i o~~fb.isagreez~ent.fgr and on,behalfofthe State o'f N.ortll Carolina has been cliily approved by tic Uoverne~r a»d C'ouz~cil of State at z ~ineetirig helm in the City ~I' Kalcigh, Noi.-th Caro,lizaa, on the day of , 1999; and, WHEREAS, tl~c parties hereto have zrzutually agz~eed. to the terms of this Lease~A.greerrze.nt as hcroir~.atter set ottt; . NO~I, `l'l~TI~;REFORE, i.n considerati'ozl of the prcmise;s arzc~ L•he pron~.ises and covenants con rained in the terms and conditiui~ts~,l~ereizla$er set foz-tlt; l.,essor does hereby rent, lease at~d dezatise unto Lessee for az~cl during the ter~rz an~ci.ttriclcr the terms and eon.ditiozis .hereinafter set forth,: those premises or of'(ieo space, witlz all;.rigltts, pt~iuileges and .appurtenances cher~to~belangizxg, I,yi~ag anal being in the City of Wilmington, Gowzty of ~ieti~r T-Taz~over., I~~oi-tih Carolina, and. more particularly described as follows: '. ,. ~ . F3E1N~ra zninimuzn of 5;87Q nc~t sq. ~1't. ~f'e;~clusi.ve office space plus . fiSU sc~, rt. of slza~i•ed cozntnozi area.~iri T;~ridfall Shbppin~.~Center on~ ~ , LastS~!oodRoad;Wilinir~gton;I~ewI-fatloyerC;outify,;NorthCarolina. THE TERMS.AND CUNnIT~ON;S.,OF''1`H1~S LEASEACrR.EEMENTAIZ.E AS FOJ .LOWS; 1. TO HAVE. AND. TO HC)L,D: said leased,,premises for a tLrm of seven.(Z) years, commencing on~.the.1 st.day of Tiny, 2~()0, ter as soon thereafter as pcasscssiozz of the leased promises is ceclcd to Lessee, and terminating on the 30th day of June, 2007. M. The Lessee shall. riay to the Lessoz• as r.e-nil for said.premises during the.,fi.z•st (ease vicar i;lze folloti~-ing suzxzs of SEVENTY FOLTR:T'HUCISA.NI) :1~1V2/ HUNDRI/D~TWENTY AI~FD NO%l U0 (~7a,52U.U0)DOLLAR,S pet az~rzurrz,.wllich sum shall be paid in Eciiial monthly installments of SIX THOLTS~INTD TW0 >;.CCINDRL~D-TENAND NO/100 ($6;210.00 j DOL);ARS, saki rei~rlal to b'e~,~ ble~witii'i;n~l fzfteen~„(~15) days from receipt.of invoice iu triplicate. ,If possession of said _ - fns ~ ~~~SM-~1 '~ ~~~~~' ''•c''~° ~.,_ ` 1,..32 ~_~ ~~~.. ~ .. - .. -, 2 pren,.ises, is not ceded to .Lessee upon the .1st day of July, 2000; then the first payment of rental shall lie ~~t~.ade within fifteen. (l ~) days after oec>upancy by Lossee and upon receipt of invoice :i~a. triplic,ate f7orn Lessor, and shall be for' a. pro rata~pa~rt.of the first month.'s rertt.:l/ffectivc year two (2) of the tertiZ, the rental is subject to annual. Cl'I i.ncrea.ses capped at ~% aa~tru:ally; ~`- i~ZENEWnT,, Ola'1'1~N: The Lessee shall have the option ta,renew this lease for. ot~.e (1) additional three (3) year period and s}i.all pi•ovicle the Lessor a~oless than sixty (60) days iv~•itten notice of t11e e to so . renew prior. to the 1 ease expiration gate. The rental d~urin~ c three (3) }year .renewal period. shall be subject to annual CPI .irzc.reases capped at 3°%; annually;: The ronzaining teniis and cotadztions of the lease will r:,main the sarxae. The Co.nsutne.r Price Index (CP,I) refers to the Cl'1-U hldex for ALl Urban. Consumers compiled by the Uz~,.ited States ;D~partment of .t,abor. and distributed by the North Caroli.tia Department of Labor. In the event that the Const~rnei• Pi•ice Tndcx sho.ulcI.;no l:or~g.er, be available to use in adjusting the rent, such adjustment shall b~ based o~} the them available price index `vhi:ch the ptu-ties agree, is determined under principles::most nearly~cotr~parabl:e i~.o 1;lrose underlying the Consumer l?i`ice :1'ndex. The Lessee agrees.to p<3y thc,aforesaid rental to Lessor at the address specified, or, to such other address as th.e I.,essor tnay designate by a notice in wril'ing at least ~fteetl (1S) days prior to tl7.e due date. 3. The.Les,sor shall furnish to; the,LcsseL, during tJxe lease [erm at Lessor's sole cost and to the reaso.t~abl;e satisfaction of the Lessee the :followizrg: Il. Heati.n.g facilities, a~ir.conditiouing, facilities, hot and cold water facilities; adequate;lighti.ng fiYtures, electrical sockets; adequate tgilel faci.li.ties anal proper ventilaaion. 1`3. Regiiired:fire extinguishErs anti servicing,, pe:5t control, and outside tra~Sh d.ispc~sal ineluding:pi•ovision for th.e handling o'P recyclable items such as irlutuinunr cans. cardboard attd:papcr.. G. Utilities in;all shared eornmon. areas. The 1'Jessee will pay utili:iies costs for its exclusive use area wl1.i.clr s1lal.l be separately metered. D. Janitorial services in ah shared corn~n.on areas- .The Lessee tivillprovide and will pay jar~.iCO.ria.(costs for its exclusive use . area. ~ 1 L~ 133 ,F,... Elevator service, if a.pplieable: F. Parking. ~. Dtzri.ti.g l'11e lease term. the I.~essor shall kecy the leased premises in good repair and tenantable t;onditi.on, to the::end that all~facilities are kept in an operative cbzlditioh. Maintenance shall irzcludc, but;is not l.iznited to,. furnishing and replacing electrical light .f:tx'hu•e ballasts, air cor~ditio:~ting and ventilating equipmentfilter peels, if.applieable, anti brulten g1~GsS. Tn case L essor shall; after zaotice in writing from the Lessee iii regard to a speci bed condition, fail, rcfitse, or ,neg)ect to correct said c.otiditi.on, or in the event a:f an etztet•cency constituting a: hazard to the health or safety o•t•the)_,essee`s employees, property, or iirvit.ees, it shall then be lawful for tltc Lesser;, izi addition to any other rerned:y the Lessee may ,have., to make;. such repair at its ow,n cost acid. to clecluct the amotu~t tl~ereol'l:ronz the rent that niay tb.en be. or thereafter become date lterettuder. The Lessor reserves the riglrt to entet• and inspect the leased premises,: at eason~able times, and to tnak:e necessary repairs to .the pren~.ises_ ~, It is ;understood and agreed that~'Lessox slorill, at the begitut.ing of said lease term as hereinanove ,set fozall, have the:l.eased prezxzises in a condition satisfactory ip Lessee, ,i.t.~,c.,luding repairs; l.~ainting, parti;ti.otring, retnodeling,.plutribing ai~td eJ.ectrical wiring suitable for the pr-rposes for c~~hich tl~e leased. prcrnises ~tivila tte used l?y Lessee. ~, 6. The Lessee shall. have the: right during the existence of this ]ease; ~~•itli. the Lessor's prior consent, t~: ma.kc a.lterations;attacla' #iYtrrt•es a:rtd erect additions,. structures or signs in.oi upon the leased premises, ,Such fixtures, additions,,structitre.aoi• sigzts so.pl'acec~ in or upon or attached to tkze leased preirriscs i~nclerthis Jease or any prior:lcas.e of ~~r'hieh this lease i.s an extet~.si.caz~, oz' xet~e~val snail be and remain the proparty.of the F~essee and may be removed therefrom by the Lessee prior to the le«~atlation :of Phis lease ox any :renewal or extension thereof:.or within a reasonable time thereafter. 7. If the said premises be destroyed by fire,o;r other casual:hy, wi hout:Eault of the. Lessee, this lease shell. i.nztnedia.tcly terminate aitd the rent sh~11 be apportioned to the time of tJe damage. In case of partial destruction or dam.age~l?y :t7re.or other. casualty without fault afthe Lessee, so as to rcncler the pren-~i.ses untenable in whole or in pail, Eliere sl~al.l be ate apportionment of the rent until tl~e dama.gc his been repaired. During such perioel of repair, Lessee shall.:lzave the.right to obtain s.izt~tilat• office space-at tli.c expense~o.f Lessee or the L,essoc`may terminate the .lease ley giving fifteen (I S) clays ~Nt•ittezr. ztotice tv tho Lessor. 8. ..Lessor shall be liable to Lessee for any loss. or dam~a~es sii:Ffered by Lessen, which are a direct re5cil,[ of the•failttre of Lessor to„perform an att required by thin lease, and provided that Lessor cou]d .reasonably have cc)mpli:ed with said redtriremerrt. 9. Upon termination of this lease, the Lessee will .peaceably surrender the leased prcmises;in as good order and condition as when received, reasonable use and wear and damage by 134 fire, war, riots, ins~Irrection, public calamity, by the elexzlellts, by act of God, or by circumstances over which Lessee had o,c~ control or for.;y~•hi.ch Lessor is responsible puxsnant to this l.ea.se, excepted.. The T essee shall have nn duty to remove [iny improvement or tixture~:placed by it on the premises or to .resloxe any portion of the pre.mises..altered by it~. In the eventLcssoe elects. to reu~ove his improvements o.r fixtures and such rerrzaval causes darnag~ or inj itryto the demised prerrtises, Lessee will repair only to tlZe extent of any such damage or injui-~T. 1.0_ All notices h:e~,-ein provided. to be given, oz' which znay lie given, by either party to the other, shall. be deemed to have been fillly g~ivcn whop ma.c$e in wllti.ng and deposited in.thc C'lnitcd States mail, certified:and postage l,.repaid.a.ud addressed as follows: to the Lessor c/o Fi.n.an.ce Offlce, 320 Chestnut Street, Vv'.ilmington,'North Carq}in:a ==_, and the Lessee % Dob Walton; UNC-W, 601 S. C:ollegeRoad. Wiltzz.ngtgri,2~~orth.Carolina28~103: hloth.inghereinconta:inedshall preclude the gsv.iz~.g of such notice by per5ot~aJ. service, "1'lie~address to `yhich polices s.ball be.!n~ailed.as aforesaid to either party may be changed by written notice. 11. "l~he Lessee shalt ,not assign this lease or sublet the premises wi.lhUUt 'the ~vz•itten consent oI'the T essor, which s1ia11 not be ticrueasonably wi:thlle.ld. 12. The~Lessoragr~es.that.the I:essee, upan.kzepi.ng alZd pexforming the covenants and agreements herein co:ntai.rled, shall at aal times druing the existence of this lease peaceably and quietly have, hold, and enjoy the leased premises free from the adverse claims of any person- - 1,3. '1'1te f~uJ.ure of eitherparty:to insist in clay insta»ceupon strict pcI•fo.ixn.anee o.f any o.f . the terms and conditions l.Ierein set forth;shall not be construed as a waiver of the saliie In any Other instance. No modificationo~f any provision hereof and no: cancellation:or sunend~r llcreof shall be valid utaless i~~ writing and signed and agreed to by bofh parties- 14. Any holding over after the e,~.piration o~• the Said tel;IU or any e,~te~~,si.o]1 thereof, shall, be construed to: lie a tenancy from tn~nth to month, and sllall.otherrvise be on t1~e tei`o~s and conditions herein specified, so .t~Ir as applicable;.however; zither party shall give not less than sixty (60) days written notice to terminate the tenancy. 15. ,The parties to this lease..agrc.c; and understand that:the contimiation of tb.is J~ease Agreement for the term period set forth herein, or any extension or renew~~1 thereof, is dependent upozl and subject to the appropriation. allocation or availability of funds fox this purpose to the agency of the Lessee responsible for pxymez~t,o:f said rental. The par ies to this lease also agree that in the event the i3gency of the Lcsse~ ur that body responsible for the appropriation of said funds; in its sole discretio.I~, determines iii view fits total local. ol'(ice operati.olasthatavail~ab.le filudi.ng for the payzza.ent of rents is insufficient to colitinue the .operat.iorl of .its locaLoffice on the premise leased herein, it may cho~osc w te;rmin~tie the ;lease agreement set forth herein by gi~Jing Lessor tivritten aoticc of said termination; and the lease agreerz~ent shall tcrrninate immediately without any further liability to Lessee. 135 5 1l/ G li[/ ' 16: nIl preiauses, including fixtut-es al~d al~pt,u•tenanecs,, pzrovi.ded.ullder this lease shall function f7efore; duri.n.g and after the date change at Jat7uary 1, ZOUO. at the sable level fo.r tivhicl7 the premises ~~ere origi.tlally leased without additional c:ostto the Lessoo. This includes, but is-not limited to, the fiulctio~.iing of lrlechanical or elect~.-ical systems, 1lcatillg, ventilating az7d air conditioning ("HVAC") systems. powelau.pply;.tiva.~er supply, {ire con:b:al, secul~ty, a.nd facility use c~rrlpon.ents such as elevators, tizrter automated doors, and signage. 17. T essor will construct ancl:.upf`rt, space pel• the plans .and specifications of th,e i_TNC- ' Wilnungtonasappru~~e.dbytheDepa:-tlnetitofAcltl7~i,tl.tstzaeion: Seeatta.chedl?Ytlibit~l-Flooz-P1a11. l 8. Tt is understood a11d agreed th:a't the Lessee will havo acc:~~ss to that area kn.ow~7 as tl7e `. large mCCti11~ rOOIrl: W1.71G11 Gollt11n5 app2'aXlmately 260 yC~: '~1- O:FSp~Ge lznder COI1d1t10I15 t0 be a.Sr000l upon by the :parties. The Lessor flgrees;t`o. furnish this space: appropriately far conference/sez'r~.inar. use. ~ . TN T',F,,.~TTIvIONY WHI/Rl'/UF,t}iis lease has been. executed by the.parties.hel•eto, induplicate ` originals. as of'the ~l<<ce r~-st above tivritteii. r1'1'I EST: Cl.erl; to the Board m Board of County Coxnrnissioners ATTEST: 1'~EW IIANO.VE.R CUUNT~Y CUU~Iiy Y~atlager STATE ~F NORTpi C;ARC7LINA Goverl7or __..._.~_ ~: ; 136 6 APPRUVE,L7 AS TO FQRNI: MICIIt1EL F, E~'1SLLX Atlol-ney Uencral Assistant A,ttonaey .C7eneral STATE OF NUR'fH C11k.OLII~A CUIJN"T~' Ol~' . I, ~ _ aNotary Public in and for; the. aforesaid C:ou.nty and: State do.hez•eb5' cez-tify~tliat _ ~ , persoizaIly came before me Phis day and acknowledgcdth~:thelshe.is C'ieri~ fo.the RUarci o,f'Cozinty Goznmissio~aers 03` N ej~- ;~~axzover Cqu.tzty, and that vy ati~l'fiority duly given and as aiz act of the Iloaxd, tl~e for~;goin~ instrumentw~zs.signeclby _ ,its County Manager, sealed with .its of~c.ial seal aind attested by hit~.aself/herself a.5 i.Ls:Clerk. IN WITNESS WHEREOF, .I have; hereunto set my hand arzd. Notarial Seal, th_.s the •. clay' of ~~.,~__~ , 1999. iviy Commission Expires: Notary Public 137 7 STATE OF NURT"H CAROLINA CO[.iNT~Y' OF WAKE I, C'HE•RY"L..L. MYERS, a Notary Pu~lie in at~d for the Couzity of Lee and State of North Carolina. dc~ hereby certify tb.at..ELAIIv'F, ~'. IVIARSI-IAT:,,L, Secretary of State of North Carolina, personally came before ~„e this day and aci:nowJ:eclged that she is Secretary of State of North Carolina, and, chat by authority duly giyon and as the act of the State, the fore~oi.t~c instrument ivas si.gt~ed in its name by JAMES B_ ~IT~N'I', JR., Go~~ernor of the State of:I~torth Caroli..i~.a, sealed with the C~zeat Seal of QZe State of Nortl.~, Carolina, and aitestecl by hersel t' as Secretary of State of Nort1i Carolina. IN WITNESS WHERE<~h. I have hereunto set p~~y ha.nd and Notarial Seal, this the da.y of~ . I9~9. . Nora1•y Public -- ,~ My C:ommi.ssi.oa :expires: .. Protilc 4508 ~~~ie N~. cs-aA,~.nn . it ~ ~ 133 • • NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 10104!99 Consent Item #: 5 Estimated Time: Page Number: Department: Aging Presenter: Annette Crumpton Contact: Annette Crumpton SUBJECT: Request approval of Department of Aging application to NC Department of Health and Human Services for $39,601 in grant monies to fund two positions in the Home Delivered Meals Program BRIEF SUMMARY: The Department of Aging wishes to apply to the Department of Health and Human Services for $39,601 in grant monies to fund two temporary positions (1) Outreach Specialist (2) Social Worker for the Home Delivered Meals program for nine months. The Outreach Specialist will be responsible for volunteer recruitment, training and recognition and act as a liaison between the meals program and the community. The Social Worker will be responsible for assessments, reassessments and implementation of client care plans once needs are identified. The Home Delivered Meals program presently serves 283 persons; there are 86 persons on the waiting list. There are only two staff persons assigned to the meals program. The growing needs of the elderly population, the increased requests for meal service and the day to day demands of the program dictate a need for additional staff. The requested monies will support two staff persons to assist with these duties. Grant monies will cover-cost of salaries and FICA for the two positions. There is no County match required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Commissioners approve the request to submit the grant application to the NC Department of Health and Human Services; to accept the grant ahd approve related budget amendment grant is awarded. Signatures are required on page 1 and page 5 of the grant application. FUNDING SOURCE: State monies - $39,601 ATTACHMENTS: Grant application attached REVIEWED BY: LEGAL: N/A FINANCE: Approve BUDGET: Approve COUNTY MANAGER'S M TS AND RECOMMENDA Recommend approval. COMMISSIONERS' ACTIONS/COMMENTS: HUMAN RESOURCES: r~uNN C~MMIS~t APPROVED ~~ :~:; REJECTED ^ _f REMOVED ^ ~, POSTPONED ^ ~ t HEARD ~ DATE ~~_i.0~'F~4_4 1 _..~: DEPARTMENT OF HEALTH AND HUMAN SERVICES ' HUMAN SERVICES GRANTS PROPOSAL ORGANIZATION: New Hanover County Department of Aging PROGRAM NAME: Home Delivered Meals Program PROGRAM OR SERVICE CATEGORY: In Home/Community Based Services SELECT ONE AND TYPE 1N "CATEGORY" LNE ABOVE: (1) older adults; (2) adults with disabilities; (3) at-risk children; and (4) youth and families (Briefly describe how the requested funds will be used. The description should indicate the major goals and objectives of the program service and any other information that would be pertinent to provide a clear understanding of the project for a reviewer..If the funds are to be used for any type of equipment or capital expenditure, justify how such an expenditure would be in furtherance of the service to be provided ~in its respected category.) r, The Department of Aging Home Delivered Meals program currently provides 283 frail elderly persons with one hot meal a day, Monday through Friday. Today there .are 86 home bound elderly on the waiting list for this service. The program is unable to grow because of two factors: (1) Insufficient volunteers to deliver meals (2) Lack of staff to provide the necessary case management support. The Department of Aging Home Delivered Meals Program is requesting funding to hire one staff person dedicated to volunteer recruitment and recognition and one social worker to assist with client assessment and case management tasks. At present only two full time staffpersons work in the Home Delivered Meals program. The day to day requirements of operating the program, assessments, reassessments, case management needs and volunteer recruitment are too demanding for two people. If awarded funds; a Community Outreach staff person will be hired to coordinate volunteer recruitment, training and recognition activities. Twenty eight volunteers are needed each day to deliver meals to the home bound. Because most volunteers drive one day a week, over a period of five days, the number of required volunteers increases to 120 persons. Recruitment is only one piece of the puzzle, once volunteers are recruited they must be nurtured and recognized for the time they give to program. The Home Delivered Meals program is extremely important to the lives of our elderly and the demand for this service is„projected to increase three fold over the next five.years. If we are to be able to4~li'el~p tlis~'grow~ing`°number of frail, homebound elderly citizens we must have more volunteers. The current staff simply does not have the time to perform the outreach, recruitment and maintenance for,the.volunteer and without the volunteers we have no program; if there is no program, ours elderly will go hungry and are at greater risk of institutionalization. (~ 1 ~ ~ ./ ~e second concern facing the Home Delivered Meal program is lack of staff to adequately 14~ perform the required assessments, reassessments and case management tasks. Eighty five percent of the persons presently on the meals program have multiple needs. Once the needs are identified the elderly person must have someone to coordinate the service delivery. Case Management, social work, tasks take a great deal of staff time. ~A staff of two people cannot possibly give the clients the time and attention they need. If awarded funds, one social worker will be hired to assist assessments and coordination of services for the clients. If funding for the above positions becomes available, the Home Delivered Meals~program will be in a position to feed those on the waiting list with a meal five days a week plus provide a total service package of case management, referral and follow up. These are the key ingredients of a plan that will keep our elderly in their homes and a part of the community. • • 141 FORM 03 STATE OF NORTH, CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVLCES LINE ITEM .BUDGET INFORMATION STATE FISCAL YEAR 1999-2000 ~ ORGANIZATION NAME ~ OBJECTS OF EXPENDITURE SALARY AND FRINGES Community Outreach Coordinator Social Worker I SUPPLIES AND OTHER OPERATING COST DEFINE"OTHER"IF APPLICABLE EQUIPMENT (TYPE) CAPITAL OUTLAY I TOTAL BUDGET AMOUNT 18,155 21.,446 $39,601 NOTE: The total amount of the Grant Award requested must be reflected on this form: 14 2 Vol. II 1999-2000 New Hanover County Department of Aging Home Delivered Meals Program FOI2IVi 04 Conflict of Interest Policy • In accordance with GS 14~-6.1 and related legislation, we, the undersigned entity, have adopted the following policy regarding conflicts of interest: The undersigned entity is aware that in the process of fund allocation by its management, employees, members of the board of directors or other governing body, instances may arise which have the appearance of a conflict of interest, an appearance of impropriety or a direct conflict of interest. In order to avoid conflicts of interest or the appearance of impropriety, should instances arise where a conflict maybe perceived, any individual who may benefit, directly or indirectly, from the entity's disbursement of funds shall abstain from participating in any decisions or deliberation by the entity regarding the disbursement of funds. The undersigned entity recognizes the possibility that it may be the recipient of funds which are allocated consistent with the purpose and goals of its programs. If such allocations are made, the undersigned entity will strive to ensure that funds are expended in such a manner that no individual will benefit, directly or indirectly, from the expenditure or such funds in a manner inconsistent with its programs. r~ U Type Name of Agency Signature . Chairman, Executive Director, or Other Authorized Official - (Identify Correct title by Underlining & Type in the Name beside the Word Signature) Sworn to and subscribed before me, This the day of , 19 Notary Public My Commission expires: Vol. II ~ ~ FORM O1 DEPARTMENT OF IIEALTH AND HUMAN SERVICES HUMAN SERVICES GRANTS TITLE ANI) AUTHORIZATLON PAGE Program Name: Home Delivered Meals Program Organization Name: New Hanover County Department of Aging Organization Tax ID Number: 56-6000324 Address: 2222 South College Road ~ ` Wilmington, NC 28403 List County or Counties To Be Served by the Grant. If Statewide, Simply Write Statewide: New Hanover County Program Director: Faye Jacobs Title: Independent Life Services Director Phone: 910-452-6400 Address: 2222 South College Road ~ ' . Wilmington, NC 28403 Contact Person: Annette Crumpton Phone: 910-452-6400 Total Funds Requested: Has this agency/entity applied-for funding for this project from another source? Yes or No x ~ If yes, identify the source AUTHORIZATION: We /I the undersigned, have read and understand the requirements contained in the grant and hereby make application for the funds. All expenditures shall be in compliance with grant requirement. . Signature Date Chairman/.President of the Board- (Identify Correct title by Underlining & Type in the Name beside the Word Signature) Signature Date Treasurer/.Financial Officer of the Board- (Identify Correct Title by Underlining & Type in the Name beside the Word Signature) Signature Date Approved by: Secretary H. David Bruton, M.D. '~ 4,~epartment of Health and .Human Services VoI.II 1)999-2000 ~; SEP-24-99 FRI 1404 NH DEPT OF AGING FAX N0, 19104526411 P, 03 FORM O11 • DEPAR'i'i~IE~T ()F 1~EALTH AND HUtiIA;ti SERVICES ' HU:NA(+f SERVICES GRAti`-i'S TITLE AND AUTHURILATIQN Pr1GE Program Name; Home Delivered Meals nrogram Organiz~~tion Name: New Hanover County Department of Aging prganization Tax ID Number: 56-6000324 Address: 2222 South College Road Wilmington, NC 28x03 List County or Counties To Bc Served by the Grant. if Statewide, Simply Write Statewide: New Hanover County Program Direcror: Faye Jacobs Title: Independent Life Services Director Fhone: 910-4S2-6400 Address; 2222 South College Road Wilmington, NC Z&403 Contact Person: Annette Crompton Phone: 910-452-6400 Total funds requested: Has this agency/entity applied for funding for this project from another source? Yes or No _x - If yes, identify the source AUTHORIZATION: We /I the undersigned, have read and understand the requirements contained in the grant and hereby make application for the funds. Ali expenditures shall be in compliance with grant requirement. Signature Date Chairmat>/President of the Roard- (Identify Correct title by Underlining &. Type in the Name beside the Word Signature) Signature Date Treasurer/Financial Officer of the Board- (Identify Correct Title by Underlining c~ Type in the Name beside the Word Signature] • Signature Date Approved by: Secretary H. David Bruton, M.D. Department of Health and I-iuman Services voi.rr l99y9-2Q~0 145 SEP-24-99 FRI 14 05 NH DEPT OF AGING ~ FAX N0. 19104526411 1)EPAEZT,viENT OF HEALTI~ AND IIllMAN SERVICES HUMAN SERVICES GRAN~C'S PROPpSA.~. ORGANIZATION: .New Hanover County Department of Aging PROGRAM NAME: Home Delivered Meals Program PROGRAM OR SERVICE CATEGORY: In Home/Community Based Services SELECT ONE AND TYPE. IN "CATEGORY" LINE ABODE: (1) older adults; (Z) adults with disabilities; (3) ai-risk children; and (~) youth and families N, U4 (Briefly describe how the requeslted funds Will be used. The description should indicate the'major gaaJs and objectives of the program service and any other information that would be pertinent to provide a clear understanding of the. project for a reviewer..If the funds are to be used for any type of equipment or capital.expenditure, justify how such an expenditure would be in furtherance of the service to be provided in its respected category.) The Department ofA.ging Home Delivered Meals program currently provides ?83 frail elderly persans with one hot meal a day, Monday through 1~riday, Today there are ~6 home bound elderly on the waiting list for this service. The program is Curable to grow because of two factors: (I) Insufficient volunteers to deliver meals (2) Lack of staffto provide the necessary case management support, The Department of Aging Home Delivered Meals Program is requesting funding to hire ot3e staff person dedicated to volunteer recruitment and recognition and one social worker to assist with client assessment and case rnanagerrrent tasks. At present only two foil time staff persons work in the Home Delivered Meals program- The day to day requirements of operating the program, assessments, reassessrnents, case management needs and volunteer recruitment are too demanding far two people. If awarded funds, a Community Outreach staff person. will be hired to coordinate volunteer recruitment, training and recognition activities. Twenty eight volunteers are needed each day to deliver meals to the home bound. Because most volunteers drive one day a week; over a period of dive days, the number of required volunteers increases to 120 persons, Kecruitment is only one piece of the puzzle, once volunteers are recn~ited they must be nurtured and recognized for the time they give to program. The Home Delivered Meals program is extremely important to the fives of our elderly and the demand. for this service is projected to increase three fold over the next five years. if we are to be able to 11e1p this growing number of frail, homebound elderly citizens eve must have more. volunteers. The current staff simply does not have the time to perform the outreach, recruitment and maintenance for the volunteer and without the volunteers we have no program; if there is no program, our elderly will go hungry and are at greater risk of institutionalization. The second concern facing the Home Delivered Meai program is lack of staff to adequately 146 sEP-~4-uy hKi 14~Ob NH DEPT OF RGIT[G . f•ax ~u, l~iu4~zb4ll P, uu perform the required assesstrients, reassessments and case management tasks. 'Eighty five percent of the persons presently on the meals program have multiple needs. Once the needs are identified the elderly person muse have someone to coordinate the service delivery. Case Management, social work, tasks take a s~reat deaf of staff tune. A staff of two people cannot possibly give the clients the time and aitentivn they need: if awarded funds, one social worker will be hired to assist assessments and coordination of services for the clients. If funding for the above positions becomes available, the Home 17elivered Meals program will be in a position to feed hose on the waiting list with a meal five days a week plus provide a total `~ service package of case rrtanagement, referral and follow up_ TheSe are the key ingredients of a plan that will keep our elderly in their homes and a .part of the community. } - • -' - - SE}'-24-99 FRI 14 05 NH DEPT OF AGING FAX N0, 1910452641 T ' P. U6 , ~ • 1~•O l~,M 03 STATE OF yQRTH C.~ROLIhIA • DEP.1R'F~tENT OF H~E:~i;"TH~ANil1 HUMAN S~RViGES ialNEI"i'Ei11I~L~DGETIiVF+Ditt2-1A`iION~ ~ . STATE FISL::1.L YEAR 1994~Z000 ~ORGANI~AT40N NAME: New Hanover County Department of A~*in,g Home Delivered Meals Program OBJECTS QF EXPENDITURi/ AMOUNT SALARY AND FRINGES $ Cocremunity (~utreaCh Coordinator I ~, 155 Social Worker I ?1,44G SUFFLIICS ANf3 OTHER OPl~RATING COST DEFIN[~"OTHER"(F APPLICABLE .EQUIPMENT {TYPE) CAPITAL OI.1"PLAY TOTAL BUDGET $39,b01 NOTE: The total amount or the Grant Award requested must be reflected on this farm: Vol. Y~ 1999-2000 `'!" L~ ' . SEY-24-99 FKI I4~06 NH DEP"1' OF AG 1 NG hHX NU, lylU4UCb411 t' , U f F(aR11~ D4 • Conflict of Interest Policy In accordance with GS I43-6. ] and related Iegislation~, we, the undersigned entity, have adopted the following policy regarding conflicts of interest: The undersigned entity is aware that in the process of fund allocation by its management, employees, members of the I?oard of directors or other governing body, instances may arise which have the appearance of a conflict of interest, an appearance of impropriety or a direct conflict of interest. In order to avoid conflicts of interest or tlttr appearance of irnpmpriery, should instances arise where a conflict may be pez~eived, any individual who may benefit, directly or indirectly, from the entity's disbursement of funds shall abstain from participating in any decisions or deliberation by the entity regarding the disburseartent of fluids. The undersigned entity recagnizes the possibility that it may be the recipient of funds which aze allocated consistent with the purpose and goals of its programs. If such allocatiozts are rraade, the undersigned entity will strive to ensure that funds are expended in such a rraanner that no individual wiiI benefit, directly or indirectly, from the expenditure or such funds in a manner inconsistent with its programs. • Type Name of Agency Signature . Chairman, Executive Director, or Other ~.uthorized Official ~ (Identify Correct title by Undeziining & Type in the Name beside the Vvord Signature) Sworn to and subscribed l.efore me, This the day of ~ __ , 19 Notary Public My Commission expires: Vol. II 1999-2000 149 FP.OM Wilmington Chamber of Commerce PHO~dE N0. 910 762 9765 September 24, 1999 Memo: Core Team From: Haward Loving Sep. 24 1999 82:3G~PM P1 Subject: Segment Team Presentations For September 28th, 21st Century Cammunities Task Force Hearing 1. As a follow-up to the August 2nd Core Team meeting, attached for your review are the 3-minute. presentations by the Segment ~'eam Leaders for the 21st Century Communities Task Force hearing. Rob GerlacFi viii introduce the Community Growth :Planning Process and. comments frem the Segment Teams will be as follows: Royce Angei--SZuallty of Life, Mary Gornto--Education, Griff~Weld~-Land Use/Environment, Laura Padgett--Transportation and Vera W®iss-- Economy, 2, The 21st Century Communities Task Force public hearing will take place cat UNCW's Cameron Auditorium at b:00 p. m, on Tuesday, Sept, 28th. One F~tcll Lee PLvcc • wilmingeon, NC 281f01 • Tclcphoc~e ?20.rB2.2611 •1'eleFsx 910.762.9765 0 150 FP,OM W.i lmington Chamber of Commerce PHOhIE r~10. 910 762 9765 Sep. 2a 1999 02:30Pr`1 P2 ThF V'~A 3roUp 91 U-7~~-U/!3 ~ `3IL3/yy ~ 2~:U! ANI ~ I / I Notes for the Governor's Growth Task Ponce 9128rJ9 public hearing Intro of the Ca-nmunJty Growth planning Process Good svenin~ Myy name is Rob t3erlach, and 1 am speaking an behalf of th®Community Growth Planning Prac~ss. The Growth issue I'd like to &ddress is critical to any pro active approach to managing growth, and that Is : " How do you build bmad consensus among the various communrty constituencies as to what success Looks like and to the priority use of public resources to attain the vision?U We think cornmunitiBS need to groe serious thought to what kind of citizen based procESS they Head to put in place to build broad support for the planning and imps®mentation ofi growth related Initiatives.. Here in New Hanover County we began to address that issue in 1996. We were experienoing, and continue to experience, a high rate of growth and the general perception was that It yeas unplanned and unmanaged growth. A group of commune leaders from the public, private and governm9rrt sectors of tfie commurntY, with the Chamber of Commerce as a neutral facliitator, initiated a community coalition to faalitate the visioning, priariti~ng and implementation of a Community Growth Manning Process. Their purpose rs to provrde leadership and ensure community collaboration an,d support at each stage of the development and implementation of an integrated list of priontles. The etfart was formally launched in the iaeginning of 1997, with.th® recruiting of over 90 community organizations and their members to participate in the process. The initial obJoctive of the Community Growth Planning Proce~ was to produce a consensus 1/sion and set of issue priorities in each of five growth Segments: ® Quality of Ufe ~ EducRtion ~7 Transportation O Economy p and lend Uself=nvironment/Infr>3.struL~ure Over Zgt) citizens from thQ 90•t organizations volunteered to participate in the pprods, and after a series of 5 public mee6ngsfor each segment and a sense of public hoarings,• the leadership team assembled and issued a final rz~ort providing direction for future growth that is broadly endorsed throughout the commurnty. The report has provided a tsasis for the CitylCounty Comprehensive planningg prr~csss in 1998. The community Growth Planning Process provided on-doing supporE to that planning pro<;sss, resulting in. unanimous approval by the City Council and County Commission last month. The Community Growth Planning Process leadership team cont-nues to meet monthly ko provide active support to implementation of plans for ppriority issues. Examples of succ9ssful s<~pport efforts -nClude the f~urchase of Airile.Gardens by the County, the aggreement to dredge Masons Inlet to improve water quallt~ in tidal creAks and preserve the She1; Island resort; and the arrrar-t effort to facrlrtate a meeting with the QOT aimed at accelerating implementation ofi 3 transportation priorities. Instead of Having separate agendas and vompet-ng for common resources, roe now have a vehicle for establishing a common agenda and applying common resources to agreed upon priorities. The Community Growth planning process rs a Usion to 1~ction pprocess. It is a "clearing house" and "brokerage" for community planning and action, It is highly inclusive and Is on-gvine. And now that we have expo encaed its suCC;ess, we can't imag-n® how we could acidness the extraordinary growth issues in front of us without its consensus building powers. You will hearfrom the Ss ment teams tonight. We would encourage your facilitating tho initiation of similar 6ffarts 1n other clommunities as they address their growth Issues. r~ (l`J 151 FP.OM Wilmington Chamber of Commerce PHONE N0. 918 762 9765 Sep. 24 1999 02:31PM P3 GOVERNOR'S HEARING ON GROWf"~1 RELA°f ED I55UE,~ OQen with vision statement of the Qualify of i_kfe Team, Recognizkng quality of life encompasses all of the issues of this hearing. CZ~ali_ of Ll~e Sgigment Teem Vi$ion Recognizing that, thQre must be provisir~r~s far basic Heads. We see a consolldaL'ed New Hanover County government in the year 2010 pra-actively planrtirtg-and managing growth in a controlled manner t4 ensure the following for all citizens: - safe, sanktarv, anti affordable housing D safe eitizens due to aggressive educational, preventa-kive, and rehabilitative programs thafi result in a low crime rats and rr_duced drug usage. ~ outstanding and affordable health care A a clean, healthy environment that can sustain a high quality cYf Life for New Nanwer County's residQrtts A parks and greenways that produce recreational oppor~turrities throughout the catanty safQ and ercpeditis~us travel using exceller-t read systems, .mass transit, bile paths and side~n.~alks A~ meaningful jobs ~ children learning at their fullest potential and furthering their education in safe, comfortable, well-main'tainad facilities. They will aisa compete in tvrr~arrow's schocals acrd warlcplace, A Life long learning opporturri~ties D A world class center fc~r the performing arks 152 FP.0~~1 Wilmington Chamber of Commerce PHOt`IE N0. 910 762 9765 Sep. 24 1999 82: 31 FM P4 After the sessl©ns with the public, our commi~ee established the following as the . top priorities for the >Future, 1. Crime and Rrugs z. C7vercro-rrded and deteriorating schools 3. G ~o~th ~. Revenue generation 5. Unaffordable, unsanitary, and ¢conomical.housing We have cgntinued tc- encourage, support efforts fn these areas and are pleased L7o report that significant progress has been made as outlined in the Chamber of ~ornmerce's X999 Community Action Highlight Report, You will hear more details of progress from other reports, The recent hurricane dsmonstrafies the critical need for close collaboration with iQCal, state and federal gwernmeht, i~lane of us can do it done but together we can aCCnmplish much, Southeastern North Carolina, has been devastated but it gives us all the opportunity to improve tl~e quality of life for all by improving the problems enGOtan~tered by the storm by restoring the ar~2a in a better arld safer way- • • 153 FP.OM Wilmington Chamber of Commerce PHONE I~10. 910 762 9765 Sep. 24 1999 02:32PM P5 PRESENTATION TO THE Zl~ CENTURY COMM~CJ'T+IITIES T,A,.S~ FORCE BY TI-IE COM117UNITY GRO~VVTII PLANNING COMMYTTEE LAND USE - FNVI~t,ONNIEl+IT iNFRASTII.UCTUI~ SEGMEN'T' I. VISION..STATEMENT TEAM -- .... . Read Vision Statement YI. TSSUES OF "T"EAM SEGMENT THAT ADDRESS 'FETE AREAS OF FOCZJS OF THE COMMITTEE, ~ . A. Pzesentation of Upe~n Space and Parmland 1. The enliaracement and protection of the environment must be the # 1 goal of any fiatvrc development. 2. Adequate green "open" space must be provided. 3. Development must first consider, the impact on the natural environment. B. Coordination of transportation and land use planning 1. Res~ional land use planning is critical to the quality of fife in our area.:. 2. Transportation is a key element of land use plaaa.nirag. The coordination of transportation plans and comprehensive regional planning is essential if we are to expect the playas to work. . . 3. Without the proper planning and vse of transportation, our vision of urban renewal, a vibrant downtown, human scale neighborhoods, and economics deliverable, and supportable cultural activities cannot be achieved. C. CJse of existing community assets. i. Our Task Forth believes strongly that the txaost critically important s~sset lax our community is all of our water resources-oceans, rivers, wetlands ox underground aquifers. The protection of this a.4set should be the most importatt factor in any plxmning----development, transportation, recreation, open space. D. laxi.provernerat of state coordination with local government. 1. Wilxraixagton and New Hanover County are at the end of all of the systems _ that come to us from "up state", We receive, whither we want to or not, the vehicles that drive down I40, US 17 or 74; the water that comes down the Black River, the North East Cape Fear River, the Cape fear Raver, and the inland waterway. We lack the economic means to purify the water axed tkae legal right to screen the vehicles or people. We, more Haan most areas in the state, are dependent upon you and our ;fellow Noarth. Caxolinaaras to protect our environment. Building Codes that allow less than hurricane resistant construction, transportation systems tZzat don't just duzxap cars into our street systems. wetland regulations that allow us to have recreational and cozzamercisl fishing industries and clean water!! Hog spills do not run up river. ~, 154 FP.OM Wilmington Chamber of Commerce PHONE N0. :.910 762 9765 Sep. 24 1999 02:33PM P6 • VISION STATEIKEI+IT Y+'OR X014 band Use,~Enviromment-In~'rastructw~e Segaraerrt af.t~c _. Community Growth Planning Committee -- ..., We a~c.knowledge that we uve in art ertvironmcxxtally sensitive at'ea within the bousrds of the A.tlsntic ~ceau~a and ttae Cape Fear Rivet. 'ThE+ gaaality of our eaxviraxraraent is ata impvxta~gt it~aredaent in: qur overall tlUali#Y of ]ife, iarcludiatg our potential for c:~ntutu~ econamuc grawth. xbe use ot'our }.art+d and water sltstairrs the natuaal, social and e~coxaoaxtic systeax~s supported by in&astructuze that tans been and coirtirnties tca be developed in an appro~%ate azxi tiuaety way to mgt caarrc:nt and aatiGipaied futuze deanaaxis. We live in a regioa~r of unifred gowerrarrlent in vvt~tl informed . Gixi~ens acid. r~.~aocxsive electfixllaplsorntetl.~fficials h~.v~ vmdceci ate" c4catinu~ to work consistently together to manage our growth thrciugix adherezrce to tt-e developed .P As a resaah we now . have: ample vvrtier suitable for a variety of uses (e.g., drinking, reereatio~ irausportatinn, and industry), I.azd use plains based on resource constraints, clean air, mixed case-pedesta-iarr• oriented- .. .... .. . neighborhoods, coordinated PAS for education and civic areas, a va`brant downtown that fosters cultural, commercial, grad aesthctxc .. vairaea, ~xl<et-based exavironaa~et-t~l iabcezatives, a aaaaxasged system for ur~mn renswa}, a hiararchy of green space tlra# serves a variety of ups, grad a trans~portataorr system drat safely at2d ef~cietrtly accommodates the needs ofpass~cragers (ineludiraag iaurer city and mass transit) and freight. • 155 FP,OM Wilmington Chamber oi' Commerce PHONE N0: 910 762 9765 Sep. 24 1999 02:33PM P7 Vb/L1~8s iU.1G rHA a1VluJJU.LU i.,.uien inli~i:il +++ ~.viuile 71aJU.ae ~ulivs Cvmndc, bare ,ts the fax you needed for the CURE tenm.'a presentation. This is for the trroarzspvrtatiorx Team's presentuLdor+. on Sept 2~. .iac PRESENTATION to the Governor's 21~ Centtuy Taskforce on Growth I. Transportation i:~ about the first place that people notice Wilmington's fast pace of growth. TrafTic and lack o.f trAnsportation alternatives negatively affect our community"s economic healtta and otar ability to be a comnizulity. II. The Transportation Segment Team created a vision that is;. "'I'ransportatio.n in the year 201.0 will incorporate community irat~r- modal systems and terminal. including a network of m~sds, bike petits, bus axed trolley routes; and train corridors, waterways and air routes which connect to regional, stage-wide and interstate trEinsportation notruotks. III. The Team also wrote a st$tement of expectatinns which is: E~cpanded cooperation between county and city govez~razrzezxts, ,. tra,x~.aportation planners and developers w;.ll result in >~ community transpor~tann network which will serve its residents, visitors, azxd comxn,excial it~.terests with residential streets which are coruiected, well marked and maintained and have limited commercial traffic, It will also include adegta>ftte and efficient commercial traffic routes serving at~.dustria.l axed commercial aorles; : equired interstate road systeffis seal air. and rail service to regional major cities and improved Intracoastal Waterways with a deepened >3nd widened harbor to accomanodate crui:~e ships and ixlternational commerce. . IV. The efforts of the .Segment Team and 3 Citizenns Advisory .Committee on Transportation. and a Transportation. Summit held with officials of the D.U.T. all helped brang citizen inFut tp the 2025 Transportation Improvea~aent Plan . While the plan focuses oz~ ighway projects, it also provides for bike and foot path netl~rorks Arad alternative modes of *.ransportation,which address preservation of green spaces. , , V. We leave made good use of community resources thrattgh the Transportation Summit and the City and County Elected Boards who approved-the T;I.P. The Citizens ~dvisort' Comrittee brought together people with vaz~ous interests grad expertise. VI. The D.O.T. participated in the staantaz.it and the Chamber of Coxranleroe z~eceratly boated a reception for our ttvo rlew board members and the new D.O.T. Secretary VII. Many accosuplishments have taken place that fit our expectsxtions and show that fife community's vision csnn become reality but there is a long way to go. (hand members the list of 98 and 99 accomplishments.) ~~ 156 FP,OM Wilmington Chamber of Commerce PHOhIE CIO. 91© 762 9765 Sep. 24 1999 ©2:34PM P8 VIII. 'there is a great deal of community concern about the growth of our trat~'ic; . problems and the worsening oFour ability to get around. With a growth rate of 16°ia since 1990, we need the state support as vve try to plan for a better transportation system.. We as a community Have assessed. where we are and where t~ve R-a.nt to be. We woz-rv about the traffic problems vs here we are and eve hope to improve the ftztuxe. This tabs about '2 minutes to read briskly so it can all be said irz 3 xnirrstes I think! • • 157 FP.OM Wilmington Chamber of Commerce PHONE N0. 910 762 9765 Sep, 24 1999 02:34PM P9 Notes for Governor's Growth Task Force Hearing Economy Segment The vislon.of the 'Economy segment of the Community Growth Planning Process was developed by representatives from City ~c County Government, the N. C, State Ports Authority, srnaii business associations, economic &:Industricai development agencies, the Convention & Visitors Bureau, the NC Employment Security Commission, the World Trade Association, Council of Neighborhoods, University of NC at Wilmington, Association of Realtors, Harbor Enhancement Trust, Hate1/Motel Association, New Hanover Regional Network, New Hanover County Schools, Downtown Area Revltalizcxtion l=fforf, NC Black Chamber of Commerce and the Greater Wilmington Chamber of Commerce, "lt Is the vision of the economy segment .of the Community Planning Tecarn that by the year 241Q, the region wilt have an economic environment in which PUBLIC AND PRIVATE SECTORS will partner to facllitrate full optimum diversified employment. The socio-economic climate will encourage broad based. business development and international commerce that is supported by a world class education system, cornrnunicatian services and an integrated system of roads, rail, water and air service," tf we were to paint a picture of a successful, thriving economy anywhere in North Carolina, the picture would include: 1. Passenger & Interrnadial trains 2. Streets, roads and highways that keep the traffic flowing 3, Bridges spanning waterways so that beaters, tourists, business owners and residents do not have inconveniences ~. Rivers wide enough and deep enough for ships to maneuver 5. Sophisticated water & sewer systems 6, A clean environment free of pollution 7, Global marketing opportunities 8. A strong education system that produces future employees that wilt create a broad employment base 9. duality of life patterns designed to make this area the best place to live and work 10. An economic inclusive community regardless of race or nationality; and 11. A' broad based, flourishing economy. The key e(ernents needed to achieve this picture are a shared vis(on, collaboration with one another in every way possible, and responsible and efficient utilization of available resources. Wilmington and New Hanover County depend heavily on our state government in the areas of regulation, leglsfation and funding. We hope that this vision paints an unfiorgettable portrait -one that you'll remember- when we cal! on the State of Norfh Carolina -our partner - for help in achieving our community's economic vis(on. ,~ 158