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Agenda 1998 03-09. . '` ,, . , :_: .. • ~ .: • ~.',, . , ~ ~.~ - ti . ~ NE`V HAN VER COUN B D F AG E N ~A O TY OAR O COQ _I~ IISSIO\rERS. ." ~ - Assembly Room; New Hctirover County Courthouse . ;, ;~~ ~~~,NOVee coGy ~ ~. , . hl North Third Street, Room 301 ~ _ . ~ , : >;..~ ..~ Wilmirrgfon, NC ~ .- + • .. -., r ...... ~tf, ~~~ Pp ~, of G~ , NORiN WILLIAM A. CASTER CHAIRMAN ROBERT G. GREER VICE-CHAIRMAN. BUZZ BIRZENIEKS, COMMISSIONER.•.IED DAVIS, JR., COMMISSIONER •-CHARLES R. HOWELL, COtv1MISSIONER ~' ` , , r •. ALLEN O'NEAL,000NTYMANAGER WANDAM:COPLEY,000NTYATTORNEY LUCIE-F...HARRELL.CLERK~TOTHE80ARD ., .e• .. ., ;. . _. • • March 9, 1998 6;30 p.m: - '~ .. , . _ : • -MEETING CALLED TO ORDER (Chairman ~W~lliam A. Caster) - . . . ' INVOCATION ..PLEDGE OF AL - - _ LEGIANCE - ' ' ' m • ~ NON-AGENDA- ITEMS (limit three urinates per`item) _ . :APPROVAL:OF ~~ CONSENT AGENDA ~' , 'ESTIMATED ,ITEMS OF BUSINESS. • PAGE ` ~~~. TIMES • NO a ' 6:45 p:m. .: 1. Presentation of Plaque to Mike Hardison in Recognition of 1:... - . ,:.. ' ~ Service to New Hanover County.as the County's Forest , _ ~~, . ;. Service Ranger.: ~ ' p 6:50 m. 2 , a .P ... - .. ,Consideration of Ado tion of Resolution in Support of the , .3 . Dee enin of the Ca e Fear River forthe Port'of Vl/ilm' ' P g P , .. mgton ' 7:00 p:m: 3. Consideration of Approval of Letter.Requesting State Support ~7 = ' - ` . _: for Shell Island Resort Efforts to Control Erosion at Mason's' . Irilet ~ ` . - ~ • - ,. o ` 7:15 rn. - 4. ° P~ Consideration of Re uest for Additional Ctild Welfare Positions q " 1` 1 ' 7 30 " . , , : . p.m. 5. ~ Public Hearin s: Item A: Rezonin>?, Conditional Use District• Time Extension 17. .'. .Contmued.Item Request by R: Bray for TKL, Inc., to extend the ' ~ ' ' . validity period for "Harbor Village at the Wilmington Shipyard" site plan. The property is located at the southeast corner of US:421- ,..' ,,. and NC1.33. It"is zoned conditional Use B-2 Business and R-15 ': Residential (Z-559, 1/96; Time Extension 12/97) ` ' ,. ' 1 . ,. _ e ~ . ., .. ~ ; • ESTIMATED ITEMS OF BUSINESS ~ PAGE TIME ~ . NO. 7:40 p.m. Item B: Rezoning Request by C. Powell to rezone .86+/- acre at 25 6937 and 6938 Market Street to B-2 Highway Business from R-15 Residential. (Z-612, 1/98) 7:45 p.m. Item C: Conditional Use District Revision, Change of Use - 29 Request by P. Henderson to revise the existing special use permit authorizing a real estate office to permit a broader range of general and professional offices. The property is located at 813 Piner Road and is zoned Conditional Use Office and Institution (Z-593, 1/98) 7:50 p.m. Item D: Rezoning Request by C. Powell to rezone 2+/= acres at 37 5664 Carolina Beach Road to O-I Office and Institution from R-15 Residential (Z-b13, 1/98) 8:05 p.m. Item E: Rezonine Request by W. Bass for the Supper Optimist Club, 43 U Inc. to rezone .45 acre at 605 Eastwood Road to B-2 Business from R-15 Residential. (Z-615, 2/98) 8:20 p.m. Item F: Special Use Permit Request by A. Carson for Coastal 49 Storage Inc.,.to provide a manager's residence for a planned personal storage facility at 6947 Market Street.. The property is U zoned B-2 Business. (S-423, 1/98) 8:25 p.m. Item G: Special Use Permit Request by Landfall Village Partners, 53 LLC for approval of a nursing and personal care facility consisting ~^ of a health care unit, assisted living care units, and ancillary L facilities-clubhouse, laundry and wellness center. The facilities would be located on the west side of Pembroke Jones Park northeast ("~ of Old McCumber Station Road. (S-424, 2/98) L 8:40,p:m. - ~`item'H:~Special"UserPermiCRequesf by Linda Robinson to convert 61 an existing single family. dwelling located at 5414 Park Avenue into a child day care facility. The facility would accommodate up to 23 children. (S-425, 2/98) MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 MARCH 9,1998 ITEMS OF BUSINESS PAGE NO. 1. Non Agenda Items (limit three minutes) 65 2. Approval of Minutes 67 Adjourn .- •t . ~, z, ._ ~ x ; . ~' ..' Ii . • ~, .. . . Y . :. i n ~. v '" • n .. Y t. i a .U ..: s, s ,'' ': ~ , r . , CONSENT AGENDA ... ; .. =. .~ . . ~ ~ ' •NEW HANOVER~ COUNTY BOARD OF COMMISSIONERS • ' , _ - M ~ .,. ' a. . p . 1 - ~., , - • MARCH 9 1998 .'~ . '.. . e' - '1- .. n ,. , .~ r. : :. . . . ° ... ~ . :. ,,: ~tt ; . ~ ~ ~.,, ~, ., , . , .: . ,. . ~_ ~ ~. .:. , ITEMS OF BUSINES S ~ GE`S ' ~ .., .. . tl ' . . <., _. . _ .- ... . , , .r. ' ' . .: ~:, 1 •= ,.. f\pproval of Minutes.. ~ ~a . . ... :. , . ~. , 5 i 2_ ~. Adoption.of Resolution requesting,road additions to NCDOT ~7.3 -~ ~ • - _ °'` ~ • . ..'k ~ HiglZ•way System Roads iri.'Planiers Walk Subdryision, Sections <1.=3; `, ~ r .a: ,' - . ~ ~ . .. . a '3; ~ . .Approval of request for four deputy positions for the Custody Division' ~Z7 . ~.. .: , .. ` SherifFs Department _ ~ ' :.i :4'#, ` ., " ;Approval.of County management of the Urban Forester position under ' , 79 Cooperative-Extension Service ' : ; } • r ~ ~ . .,: A - .. ~ . . . a 5 royal of aw pp and of bid #98-0261 and approval of.contract #98 0261 ~ 81 • :`to Eastern Technology~Associates,LLL.L.C. for upgrade to computer .' . ' ~ _ ~~ ~,~ - A system for the Department of Social Services .. . • ... , • - ~~ 6: • ' s ,.. - ..PP, ~ .. A r`oval of EZ=LSTA rants for basic e ui merit for New Hanover ; ~ ' Public Libraries , . , 8~; ~ , . • ; .. 1 a`~ 7.- . .., Approval o.f Budget Amendments: - ,.., , - • ~ ~ , . , 3 9 , ,. t~. _ . 7.1 #98 32-to budget art of the: interest earned on the Schools ' ' : y ~ , . 89 ; . ~ .. , , ~.q .-- .. .. Ca "ital Im rove ent Fund P P • t _r - : , } . 7.2 #98-33'to increase budget for contribution from,Optimist Club for ,~ j 90 ~ ' ,~ ~, ~•. .. one-half anticipated costs of a storage building-for the'Mark_'et Street , . .. . ,. ' - ~ ' ..` ..~ .. = ., - tea Y fields;at O den Park :: ~ ~~ ~ - g .. - , ' - '7: 3#98=34 to'increase budget for additional revenue recerved February ~ .. 91 i ': - • • . X24,1998.. Federal Forfeited Property Funds are°budgeted and received ` ~~ `' ' ' and must be used for law enforcement activities as the Sherif£,deems ,. . } a: ~~ - , _ , 4 ~, necessa ~. .~ . .. . . .., ., .. ~. ~ ~ F. ~1. rr h. ~. .. .. L ~ 5 ~. • ~1 . ~ . t' '... ~. -.~, - . ~ -. ~. -..' r ~r O ITEMS OF BUSINESS PAGE NO. 7.4 #98-0123 to increase budget for additional allocation of grant 92 funds received for the Senior Center. These funds must be used for salaries. 7.5 #98-Ot24.to increase budget for grant awarded from the NC 93 a Department of Correction. Approval was authorized at the 10/6/97 Commissioners' meeting. a a o a ~~ o ~~ a . Q ~~ . , _ ~ ~. . ~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS • REQUESTFOR BOARD ACTION Meeting Date: 03/09/98 . Regular-Item #: 1 Estimated Time: 6:45pm , Department: Governing Body Presenter: Chairman Bill Caster ' Contact: Lucie Harrell r .. SUBJECT: ' °- Present plaque to Mike Hardison in recognition. of service to New Hanover County - as .the County's Forest Service Ranger. BRIEF SUMMARY: 'Mike Hardison has served New Hanover.County since 1986 as the County. Ranger. He has recently been promoted to District Ranger, covering Bladen, Brunswick, Columbus, Duplin, Pender, and New Hanover County. ' RECOMMENDED MOTION AND REQUESTED ACTIONS: ' PresenLplaque to Mike Hardison in recognition of his dedicated service to New Hanover County. ,. FUNDING SOURCE: ~ ~ ' ATTACHMENTS: ,, ITEM DOES NOT REQUIRE REVIEW , COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ' Make presentation. COMMISSIONERS' ACTIONSICOMMENTS• r, ' ~ ., • ,;, ` COl1NTY COIv+IMIr_ . _ . , .' APPROVEQ C~ • REJECTED ~ ~ ` REMOVEty #~ .. _ POSTPQNI~D # . MEARCi ~ ~, 1 ~ ~ , .. ~ ~ 1. .. ~"liis page intentionally left blank ~~ ~~~ ~r®~~~~ ~~~~~ ~~~~ ~~~ . 2 a a~~ ~- .' ,- ,. NEW HANOVER COUNTY BOARD OF COMMISSIONERS ' REQUEST FOR BOARD ACTION -~ • ~ Meeting Date: 03/09/98 - 1 ~ Regular Item #: 2 Estimated Time:• 6:SOpm ~. ' . - - Department: County Manager Presenter:. , Contact: Allen O'Neal .• SUBJECT:' . ,. Consideration of Adoption of Resolution in Support of Deepening of the Cape Fear. River for the Port of Wilmington. • • BRIEF SUMMARY: - N,C. Ports requests New Hanover County. Board of County Commissioners to support the project of ' dredging of the Cape Fear River. ~ , RECOMMENDED MOTION AND REQUESTED ACTIONS: ~ ., , Adopt resolution in support of the dredging. project. , FUNDING.SOURCE: ~ ~ , . ' ATTACHMENTS: ~~ = - ... ITEM DOES NOT REQUIRE REVIEW , COUNTY MANAGER'S COMM N - • E TS A D RECOMMENDATIONS: . Consider adoption of Resolution. _. ^ '. ~ ' 3~ RESOLUTION IN SUPPORT OF DREDGING THE CAPE FEAR RIVER Whereas, the Cape Fear River Dredging project will impact the. entire State of North Carolina; will take eight years to complete and has three elements, including deepening the Cape Fear River from 38 feet to 42 feet and the Ocean Bar Entrance from 40 feet to 44 feet; constructing a 6.2 mile passing lane near the Military Ocean Terminal at Sunny Point; and deepening the channel upriver of Memorial Bridge to 38 feet; and .Whereas, Congress authorized this project in the 1996 Water Resources Development Act with federal funding initiated in the Fiscal 1998 Water Resources Appropriations bill; and Whereas, the project funding which requires federal/state matching funds to support the $350 million estimated cost of the project, with $225 million in federal funding and $75 million in state funds; and project cost reductions to-date total $SO million, with further reductions currently being studied by the Corps of Engineers; and Whereas, the-4~-feet-c#eeperr'rrrg-project-is essential to keep current business as well as attract new customers to the State Port at Wilmington, especially container carriers; strategic mobilization benefits the Wilmington and Military Ocean Terminal at Sunny Point; and represents a substantial investment in the State's transportation infrastructure with dividends over several . decades; and ~ - ~u~a~.~o ~ lcaQa2 U ~~~~~ CJ Whereas, the economic impact on the State's economy is $300 million in tax revenue and 80,000 jobs, and economic development opportunities for the State include attracting ,business and industry increasingly dependent on access to global markets; and Whereas, the dredging project will create wetlands and provide material resources for beach renourishment, and full mitigation of any unavoidable negative environment impacts will be conducted; and Whereas, the Cape Fear River Deepening project has broad-based support by the North Carolina Congressional delegation, and North Carolina public and private sector leaders and organizations; Now, therefore, be it resolved that New Hanover County Board of Commissioners hereby supports the North Carolina State Ports Authority's Cape Fear River Deepening Project Adopted this 9`" day of Ma~rch~,1~9J9.,8~.' = :~ Ya~t,3A ! '~~~~ 4 ~~ William A. Caster, Chairman . ~. • .. ~ • u ~ ~ ~ .' .~ . NORTH ' - . ~. , m° CAROLINA • :~ .' ,,, ,. - PORTS . -. :. • .. `~ DEEPENING .THE ~ CAPE FE~1.RRIVER - .. ' ~ . _~• Realizing: the` Potential ~~of ~ the Port of, Wilmington for our Entire State , `. ^ TI[E CAPE FEAR RIVER'DEEPENING.PROJECT-Three Project-Elements "` ~.. ~; Deepen the Cape Fear River from 38 to 42 and the Ocean Bar Entrance from 40 to 44 . ,~ • Construct a G.2 mile passing lane near the Military Ocean Terminal at Sunny Point. e. ,.. - : , • ~, ° ~ • Deepen the channel uprive~ofMemoriai Bridge to 38 feet.' ,. .. - • - • Authorized.by~Congress-in 1996 Water Resources'Development Act =-~Fedcral funding initiated ~ , • 'in the Fiscal 1998 Water Resources Appropriations bill. • . ~ "~ ~ . ~. __ ~• ~ Total cost: $350 nuilion (initial estimate). ' ' `~ ,'. •Cost-shared at'a 3:1, federaUstate match. Approximate cost shares: Federal - $225 million; :~ • ~ ~ <~ . State - $75 million; Lands; easements ri hts-of-wa dred e dis oral LERRD $50 million ..~ ` , .. "~ . • Cost reductions to date: $50 million, with further reductions now being studied`by the Corpsof . Engineers. ~- ~~ - , ' •. Eight years to complete with actual. construction in 2001, 2002,`-2003. ` ' - 4 ~ n - ~ - ;'~-, - ~- ^'• SICIYIFICAIYCE TO FUTURE OFSTATE PORT AT ~VILk~IiIYGTOIY ~ _ - • 42 ft: deepening project essential to keep current biisincss as.well as attract new customers, ~ ' ' ~~ 'espec~allycontainercamers. - ' . ;. , , •gn ~ g on and Nlilit~uy S1 ~ficantatrate is mobilization hcnefits to S~tatc Port at Wilmin .4t ~ .. . ' Ocean Ternunal at Sutmy Point. ~ - ' ' . ` ~ ~ , ~ • Investment in State's trams ortatiori in Gastructure with aback ve ~ v ~ - p. p y o rrcxtsc.crabdccadcs. '. 4 ., - - , ,• .~ . ^' SIGNIFICANCIJ:TO STATE'S ECONOhIY ; , ... .' , ~~ . ~ ° State Ports economic~impact to state: $300 million in tax revenues and 80,000jobs:. ~ - `~ ~~. ~ Top Cve re'~ions with highest economic impact 6rom°activitics at North Carolina's Ports are° ' • ,< .. '• 'located from the Piedmont to the Mountains (noton the Coa'st!). • ' • Economic development opportunities for our State: Ports attracCbusiness and industry,increas-- ,. • .• ~..„ " ~ on access to global markets:.. ~ ~ ~ =~ h ' mgly dependent ~ ~ . ., .., .^ °SIGIYIFICANCE TO THE ENVIRONMENT ~ •, .: ~ ' _ ° • .' ', - ~ • 11Vetlands creation and beach replenishment. ~ '' ~. ~ •'' • No serious negative environmental consequences idcntiGed in comprehensive pro'ect feasibilit .. iudy . .. _ -. . .. • ~• Full mitigation for any unavoidable negative environmental impacts. ^ ° ;SUPPORT FOR CAPC FEAR RIVER~DEEPENING ~ + • Congressional authorization & fundingmade possible by strong, bipartisan sunnortof .: i_ . entire North Carolina Congressional.delegation. ' = Foundationfor Congressional support was broad-based coalition of North Carofiila r ~ ~ ~ `public and private sector leaders & organizations. ~ ' _ ;•+ ,. Same level ofpublic and'private sector support througho,utrState will be. • ~ ~` .~ needed to carry project through to.final completion. ~ • ,. ~ ~ 5 • . . . - a. _, . ' NCSPA' ..- .P - - . r•~ ruary 19 ~^ - • r ` 6 t NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ' Meeting Date: 03/09/98 1 Regular Item #: 3 Estimated Time: 7:OOpm Department: County Manager Presenter: Dave Weaver Contact: Dave Weaver r . SUBJECT: ' Approval of letter requesting State to provide reasonable support for Shell Island Resort BRIEF SUMMARY: The Board requested staff at its February 16 meeting to prepare a letter to the appropriate State officials asking the State to provide reasonable support to Shell Island Resort in the Resort's efforts to control erosion at Mason's Inlet. The attached draft letter from Chairman Caster to Governor Hunt would fulfill the Board's request. RECOMMENDED MOTION AND REQUESTED ACTIONS: ' Recommend the Board consider authorizing the Chairman to sign the attached draft letter. FUNDING SOURCE: ATTACHMENTS: „ - , WPWin 6.1 Letter.wp ITEM DOE SNOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS' Consider authorizing Chairman Caster to send the attached letter to Governor Hunt. ti- ' COMMISSIONERS' ACTIONS/COMMENTS: .~. . ~ ~ COUNTY Ct}MMISS ,APPROVEQ REMOVED 0 . POSTPONCt3 CJ HEARD ..3 y DATE ~~~..,,~,, ~~ .~~~ ~~ Wllllam A. Caster Chairman Robert G. Greer Vice-Chairman Buu Birzenleks Commissioner Ted Davis, Jr. Commissioner Charles R. Howell Commissioner February 25, 1998 (E9ffice IIf ~~~xr.~ ~f C~~xnxnts~taxtErs ~Tefu ~Ianaber fffaunt~ 3ZQ ~1[estnut ~treet, ~aam 3Q5 ~Nilmingtan, ~artEt flTttralirttt zR4Q1-4Q93 ~Iclepljane (41Q) 341-7149 +~ux (91Q) 341-413Q L Allon O'Neal County Manager ~~ ti •~ r 9lf ~F NORTH ~pPO~ Wanda M. Copby County Attorney Lucl~ F. Harrell Clerk to the Board The Honorable James B. H t, Jr. Governor of North Carolina 1 16 W Jones Street Raleigh, North Carolina 2760-8001 Dear Governor Hunt: The New Hanover County Boar take all reasonable steps to allow Shell created by the migration of Mason's following factors: of Commissioners asks that North Carolina eland Resort to manage the erosion problems ~et. The Board's request is based on the • The loss of Shell Island Resort will result in the loss of millions of dollars in terms of the building, jobs, tax revenue, and tourism revenues. • Mason's Inlet may continue to migrate ~ uth, causing further economic and environmental impacts and, very importa tly, resulting in the loss of public beaches and access. . . • The collapse of all or part of the Resort int the Ocean will result in severe environmental and safety impacts. Although legal liability for the clean-up may eventually be assigned, it likely will be only after long court battles and well after the damage is done. • The State has adopted an inflexible approach to be Bch erosion management in its ban on hardened structures. New Hanover County is strongly in favor of the State's hi~gh,val~e placed on public beach preservation. But the judicial use of hardened structures, s~uc~h~as~~~~etties and breakwatet~s m combination with beach noun>shment,:~can~pr~ese,,,rve public beaches. This approach has been successfully used in~Flor~i'd~a'~f©i~~"many projects for many ears. ~~~~ ~~~,~ ., _~ Wllllam A. Caster f®ffitE of Chairman Robert G Greer r (~(~' 4 ~~~~~ ~~ L1 ~~~t~~t1a~ QX$ . Vice-Chairman . . . . i ' ~Teftr ~rntrf~Pr fl~aunf~ Buzz Birzen(eks Commissioner 3zII f1lllpstuut ~4trP>rt, 3Kumn 3II5 Ted Davis, Jr. ~ilmingtun, ~>1rfI1 (IJ.~truliutt z$4II1-.4Dg3 Commissioner (`~IPIP1rlluue (g1II) 341-7148 Charles R. Howell ~~Lx (g1Q) 341-413II Commissioner March 9, 1998 The Honorable James B. Hunt, Jr. Governor of North Carolina 116 W. Jones Street ' Raleigh, North,Carolina;27603-8001 Dear Governor Hunt: ? y ~ ~ 9 ~. Qoi ~FNORMGP Wanda M. Copley County Attorney Allen O'Neal County Manager Lucle F. Harrell Clerk to the. Board The New Hanover County Board of Commissioners asks that North Carolina take all reasonable steps to allo«- Shell Island Resort to manage the erosion problems created by the migration of Mason's Inlet. We understand that Florida has developed an eYCellent program for beach preservation, and v~~ould suggest that North Carolina may ~i~sh to look at Florida's program. We feel that a reasonable approach to the problem at Shell Island cab developed through dredging the old inlet channel from the ocean to the This solution, which would benefit environmental flushing of estuarine waters and preserve public beaches, needs an active State role to make it happen. ~~ Honorable James B. Hunt, Jr. .March 9, 1998 Page Two Please feel free to contact us if you have any questions or comments. Sincerely, William Caster, Chairman Board of County Commissioners New Hanover County cc: Eugene Tomlinson, Chairman, CRC Wayne McDevitt, Secretary, DENR Roger Schecter, Director, Division of Coastal Management Board of Commissioners Allen O'Neal, County Manager Dave Weaver, Assistant County iVlanager .. Wanda Copley, County Attorney Ken Shanldin, Attorney at Law Tony Caudle, Manager of Town of Wrightsville Beach WC/aj o~ r i Honorable James B. Hunt, Jr. Page Number Tw February 25, 1998 • Possibly the mo important factor is one of "fairness." I am sure you know that the permit for the Resort was erroneously issued based on a gross map error by the State. he State needs to take responsibility for its erroneous action and, if not acti ely contribute toward correcting the present situation;... at least allow Shell Isla d Resort to do so. Please feel free to contact us if you have any questions or comments. Sincerely, William Caster, Chairman Board of County Commissioners New Hanover County cc: Eugene Tomlinson, Chairman, CRC Wayne McDevitt, Secretary, DENR Roger Schecter, Director, Division of Coastal Management Board of Commissioners Allen O'Neal, County Manager Dave Weaver, Assistant County Manager Wanda Copley, County Attorney Ken Shanklin, Attorney at Law Tony Caudle, Manager ofTown of Wrightsville Beach Y 9 'his page intentionally left blank 10 ,~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION , ~ - ." Meeting Date: 03/09/98 Regular Item #: 4 Estimated Time: 7:15pm ~~ ~ - Department: DSS Presenter: Wayne Morris - ~ ' ~. Contact: Wayne Morris SUBJECT: ' ~ . . ,. Consideration: of request for additional .child welfare ,positions. ; . ' BRIEF SUMMARY: ` The 1997 General Assembly appropriated State and Federal funds to create new Child Welfare positions (Social Workers and Social Work Supervisors) to ensure that every county meets state staffing standards. On December 8, 1997, six new Social Workers and two new Social Work Supervisors were approved. Based on 1997 caseloads, an .additional five Social Workers and one Social Work Supervisor are needed to minimally meet standards.. The Board of Social Services approved this request on January 28, 1998. Kevin Fitzgerald, Director NC Department of Health and Human~Services, will be present to explain the :$tate's position.. . . RECOMMENDED MOTION AND REQUESTED ACTIONS• Approve the establishment of 5 Social Worker III and one Social Work Supervisor positions. - FUNDING SOURCE: ~ ~ ` . Federal, State and County. Required County match is 25%. County match is available in DSS budget. ATTACHMENTS: 1~ ~ •, Cwsbocc.wp .-y/ REVIEWED BY: .. .. LEGAL: Approve ~-` FINANCE: Approve 'BUDGET: Approve HUMAN RESOURCES: N/A - ~... COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: -. Consider the request after hearing from Kevin Fitzgerald, Director of NC Department of.Health and Human ~_ Services. The required County match is 25 percent. If approved, additional funds will not be required for the remainder of this fiscal year. COMMISSIONERS' ACTIONS/COMMENTS• ~. ~ . . . ;: • , _ ~ ~ ~~M€~1f ~~ ~ . . . ' PQS`tPbN . H~Rr~ 11 nA~r~ ..r.~., ~ ... interoffice M E M O R A N D U M to: New Hanover County Board of Commissioners from: F. Wayne Morris subject: Child Welfare Positions date: February 25, 1998 STATUTORY PROVISIONS: GS 7A-542 - "The Director of the Department of Social Services in each county of the State shall establish protective services for juveniles alleged to be abused, neglected, or dependent. Protective services shall include the investigation and screening of complaints, casework or other counseling services to parents or other caretakers as provided by the director to help the parents or other caretakers and the court to prevent abuse or neglect, to improve the quality of child care, to be more adequate parents or caretakers, and to preserve and stabilize family life." GS 7A-544 - "When a report of abuse neglect, or dependency is received, the Director of the ~..~ Department of Social Services shall make a prompt and thorough investigation in order to ascertain the facts of the case, the extent of the abuse or neglect, and tl~e risk of harm to the juvenile, in order to determine whether protective services should be provided or the complaint filed as a petition. When the report alleges abuse, the Director shall immediately, but no later than 24 hours after receipt of the report, initiate the investigation. When the report alleles a neglect or dependency, the Director shall initiate the investigation within 72 hours following receipt of the report." ~, GS 108A-14 - "The director of social services shall have the following duties and responsibilities: (6) To investigate cases for adoption and to supervise adoptive placements (12) To accept children for placement in foster homes and to supervise placements for so long as such children require foster home care. FUNDING: Funding for all child welfare services has traditionally been the responsibility of the county. r, . , While the State has rn~ade some federnl funds available, there have been few state dollars +~~ ~;~~; appropriated for child welfare service-s delivered in the county. In 1991, following a highly ~~ publicized case of egregious chndd abuse 1n,Cleveland County and a series of articles in the state's *~ s~aa~ major newspapers, Governor M~artin~announced a number of initiatives including additional state iw . `raPr~tGn~~ f~elfig for Child Protective Se~rv~c~,e-~O~~er~t,~he years since, the General Assembly appropriated i LL.. ~l~i ~~~~ .. ,. . i ~ • .. .. " .. • ,Allen O'Neal, County Manager _ ,Page 2 `. . , .. ~ • F ~ '., ;.- . February 25; 1998 ~ ~ . , - ~. ~" ~•." minrmal increases n his narrowly targeted funding:- - ~ ~ ~ `~ ,: ~ s ^i ""4. During the four or.five months of calendar year 1997; the deaths of four children in,Rowan- ~ k . ., -.: ~ County and two children m Cumberland County,-all of whom were receiving protective services . ~ ~ 'from their'respective county departments of social services, were highly publicized. These , • , , tragedies served to spur the General Assembly to address the issue of child welfare:: ,With broad' ' • bi=partisan support,. the' 1.997 General Assernb.ly determined that all county DS'Ss.would ha~•e adequate staff as defined by state standards in the areas of Child Protective Services, Adoptions and"Foster Care; Funds were appropriated and combined with federal funds to create more than e 1". 300~new positions. Nineteen counties who are not designated as "low wealth"were required to ' ~~ .: `. contribute a 25%.match. ~1 .. ... `STAFFING NEEDS:. , " .: ~ ..." " ,. ~. Based on caseload data for January -July 1997, the state initially determined that New. Hanover , ..,.. - . ~• County would need "11° additional Social Workers and 3.3 additional Social Work Supervisors. '~ :Counties wereliven the opportunity to challenge those data.. We calculated ournceds basedon' ` ~^"' the state.formula and included data from Au ust. As a result w ? • g e found that we needed an- , additional 12 Social workers and 4.Social Work Supervisors to meet the standards- one more Social Worker`and :7 Supervisor. We communicated this information to;'Raleigh on Septembzr _ ~. . l„S, 1997. On Novemtier.l9,.i ,. 997, the.Board of Social Services voted to request that~you approve the establishment of the 12 new Social Workers and the four ne:w supervisors. You' considered the " ' requesC:on December 8, 1997, and approved half of that request.. :° Following that meeting.I received communication from~the Di-vision of Social Services ~, y 'explaining that the state would stick to its recommendation of 1 I Social Workers and,3'.3 ~~ ~ '.. .Supervisors, primaril because of fundin constraints. The state ark w Y g no ledged that. all needs "could,not be met, S'ince.that time we have compiled data for the entire calendar year 1997. ` " Based on that ` ~ y additional Socdata; we are amending our request to ask that you,consider approving ;five ial Worker positions and one Social Work~Superyisor for a total of I 1 Social '' • Workers and 3 S ocial Work Su ervisors. This wilt allow us to barely meet the standards. ,> "~ •~ P '~,, . • , •. :, , . .. ,.' At its meetm~•on January 28, 1.998, the Board of Social Services,.by a majority vote, directed rric to:request that you reconsider your decision of December $, -1997, and. approve the positions I' .' :requested above. . . . ~. ,, . , ,.. :.- ,, . . .. . _ . . ,. .. y .. , .-., - . .: .. . ~ , .. . . ,. ~ - . ~ f . , ... .:. 6 _ .. , .. _.. . ~~ , . .. - ~ .., ~. . ~ 4 ' ~" ~ ' FEB-16-98 I10N 14 : 20 P. O l . ., ~~ ~~ ~ RECEIVED F3Y ~ ~ ~ ALL COMMISSIONERS ~ ~'~~"° ~ ~ ~~~~ J .~~~ ' -. '~ w~ ^~ North Carolina Department of Health and ~iunial>< Services . ~ Division of Social Services 325 North Salisbury Street • Raleigh, North Carolina 27603 • • Courier # 56-20-25 , James B. ,Hunt, Jr., Governor Kevin M.~FitzGerald, Director H. David Bruton, M.D., Secretary (919) 733-3055 "~ February 3, 1993 , • Mr. William A Caster, Chairman Ncw FL~nover Board of County Commissioners 320 Chestnut Street • Wilmington, Norih Carolina 28401-4093 Post-it' Fax Note 7g7) Dare ~ ~ ~ ~+ ~ Da fie! ~~ To Fr ,,, co~ep~. - co. P~one,~ ', Pnonc • Dear Mr. Caster: .,_~.~~ _ __,i I was very concerned when I leRrned that the New Hanover County . Commissioners did riot vote to estabGs}i the full nuiiibzr of Child tiVclfarc positions foe which federal and State funding is available. Tiie General Assembly approved funding during the 1997 Session (Section 5 of S.L. 1997 -443 (S 352)) to be allocated to county departments of•social services for additional cluld protective services, foster care; and ,adoption worker positions.. Additional funds were also made available through the leveraging of federal Title CV.E funding for Child•Protective Services costs. The additional funds from both efforts were to be allocated using the number of cases in each county and the n>.unber of workers necessary to meet staffing standards. The existing staffing•standards are: 1 worker per 12 families in child protective services (CPS), 1 worker per 20 children in foster care/tadoplions and 1 supecvisoc per 5 staff.., At the time the staffing allocations were developed, New FIanover had 294 CPS cases and 547 children in custody. For New Hanoyer,,County, that meant a need for 52 caseworkers (currently 41) andt10.3 supervisors'(currently 7). Caseloads,have continued to grow since the initial figures and funding formula were established. As a result, the agency has additional needs which this increased funding was unable to . address. ~It is critical that you reconsider the 'decision to establish; only 6 slal~f positions and 2~supervisory positions as you can see your existing staff are carrying excessively high caseloads which cacr put children at risk. The need to meet these minim>un stazulards has bccn reinforced by fatality reviews that have bccn done statewide citing inadequate staffing and lack of supervisory oversight as being contributing factot•s in ~4 a ''his page intentionally left blank 16 ,~ ,. . NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION. ' ~ ~ ~ , - Meeting Date: 03/09/98 t Regular Item #: 5A Estimated Time: 7:30pm Department: Planning Presenter: D: Hayes Contact: Pete Avery ~' . ., ., SwUBJECT:' Rezoning (Z=559, 1/96, Time Extension 12197) -Conditional Use District, Time . Extension, Continued Item ' BRIEF SUMMARY: ` Request by R. Bray for TKL, Inc. to extend the validity period forthe "Harbor Village at the Wilmington Shipyard" site plan. The property is located at the southeast corner of US 421 and NC 133. It is zoned Conditional Use B-2 Business. and R-15 Residential. (Z-559, 1/96; Time Extension 12/97) RECOMMENDED MOTION AND REQUESTED ACTIONS• ' The Planning Board recommends approval. FUNDING SOURCE: , ATTACHMENTS: . ' ITEM DOES NOT REQUIRE REVIEW ~_~ -. _ ~ _ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: . 4 COMMISSIONERS' ACTIONS/COMMENTS• ~ ` I ~, ~ ,. ~. . ~ . COUNTY C4MMQ APPROVED ~ ~~ REJ~CT~ t~ ~ t~` REMbV'~3 ~' ~: P©ST~ r . HAD ;~. ~ ~ ~ ~ .. , r ITEM A CASE: Z-559, 1/96; Extension; Applicant: R Bray for TtiL, Inc. REQUEST: Plan Extension, B-1 and I-2 to CD(R-15) and CD (B-2) ACREAGE: 21.5 LOCATION: Southeast corner of US 421 and NC 133 Planning Board Summary 'Citing no significant changes since the original'approval, the Board voted unanimously (S to 0) to ~' recommend approval of the request No one appeared to speak in opposition; however, a letter was received from Almont Shipping which outlined their general opposition to the request. ,€,~ Staff Summary NOTE: The original conditional zoning district and companion special use permit were approved by the County on February S, 1996. The rezoning and special use permit authorized the construction oF29 single family homes, 12 town homes, a 11S slip marina and clubhouse, a 7S room courtyard hotel, and 50,000 square feet of retail and office space. To date, construction has not commenced and no building permits have been issued. Plans approved under the conditional use process are valid for a period of twenty-four months. In the event a building permit is not issued in that time frame, and one is not likely to be issued by the February S, 1998 expiration date for this project; the. Planning Department is required to initiate action to revoke the special use permit and to rezone the site back to its original classification. However, prior to expiration, the applicant has the option to request the time period for the special use permit be extended. The Board of County Commissioners may grant multiple extensions, but no one extension can exceed 6 months. Attached is the original conditional use order and site plan. There have been no changes in land use regulations that would significantly alter the plan as originally approved. Staff recommends approval. ,._; UPDATE: Almont Shipping, an adjacent property, submitted a letter stating they continue to oppose the request. (Let'ter is attached) ~~. ~ ~r's~r~A X13 ~~~ 18 ~~ .. ~~ ~, 1 1 1 i 1 1 1 1 1 1 1 1 1 ALMONT SHIPPING TERMINALS 0 • \~ I ~ [sr. tt mo `e 1~ ' December 1, 1997 Dexter L. Hayes . Planning Director New Hanover County Planning Department 414 Chestnut Street, Room 304 Wilmington, NC 28401-4027 Subject: Public Hearing: December 4, 1997 REZONING, Plan Extension "Harbor Village at the Wilmington Shipyard" Dear Mr. Hayes Thank you for the notice of public hearing concerning the REZONING, Plan . Extension for "Harbor Village at the Wilmington Shipyard". Please add these comments to the official record. for public comments. I have enclosed copies for the members of the Planning Board. Almont Shipping Terminals' position remains unchanged from the original rezoning request. It is critical that any extension of this REZONING, Plan Extension continue to include a covenant in the deed that would be binding upon ali future owners, stating that the purchaser acknowledged they were moving into an industrial area, and most likely the industries in the area will continue to exist and operate. Although this covenant was included, Almont must remain opposed to the rezoning because of the drastic nature of the change in zoning. Your assistance in this matter is greatly appreciated. Please call if there are any questions about this letter. Sincerely, Sidney H. Camden Vice President and General Manager ~~ 19 Onc Hanover Street P.O. Box 1726 Wilmington, NC 28~t02-1726 Ptionc: 910-3.11-5700 Fax: 910-763-9317 Bray Architecture, Planning and lnteriors Randall Bray, AIA NCARB Post Office Box 331 Wilmington, North Carolina, 28402 Telephone (910) 762-0710 Facsimile (910) 762-0659 September 9, 1997 Mr. Dexter Hayes, Planning Director New Hanover County Planning Department 320 Chestnut Street, Room 403 •. Wilmington, North Carolina 28401 Telephone: (910) 341-7165 Facsimile: (910) 341-4040 RE: Renewal of Conditional Use Permit for" Proposed Harbor Village at Wilmington Shipyard" to be located at the intersection of State 1-fighway 421' and State I-iighway 133 (Northeast Cape Fear River Bridge). Dear Mr. Hayes, This package is to request renewal of the previously issued (February 1996) Conditional Use Permit fora "Proposed Harbor Village at Wilmington Shipyard" to be located at the intersection of State Highway 421 and State Highway 133 (Northeast Cape Fear River Bridge). To support the above request for renewal of the existing Conditional >.he Permit, I have enclosed [he following documents. 1. 10 copies of Bray Architecture, Planning and Interiors Drawing Number 3B-IIB, "Proposed Site Master Plan of the Harbor Village at Wilmington Shipyard". 2. Copy of letter from Walter Avery, Jr. ,Senior Planner; New Hanover County Planning Department, approving our petition for Conditional Use Permit dated February 6th, 1996. 3. Copy of original application package for Conditional Use Permit. The following documents were included: a. Copy of $200.00 check from owner for application fee, payable to New Hanover County Planning Department ,dated November 11, 1995. b. Petition for Conditional Use Zoning District Classification. c. Application for Special Use Permit. 20 i 1 1 t 1 1 1 1 1 1 1 1 Page Two Bray Architecture, Planning and Interiors Randall Bray, AIA NCARB September 9, 1997 d. Bray Architecture, Planning and Interiors Drawing Number 3B-IIB, "Proposed Site Master Plan of the Harbor Village at Wilmington Shipyard", dated November 17th, 1995. e: Copy of the New Hanover County Tax map which delineates the property requested for rezoning to conditional use. f. Copy of Jack Stocks, Registered Land Surveyor, survey "Map Survey for Wilmington Shipyard ,Inc." dated January 16, 1985; of existing Wilmington Shipyard. g. United States Army Corps of Engineers Orthophoto map dated April 4, 1955 depicting Wilmington Shipyard. The approval date of the current Conditional he hermit was dated February 5th, 1996 and it is requested that it be renewed effective as of February 1998, for an additional (24) twenty-four months. Very tnily yours W. Randall Bray, AIA, NCARB American Institute of Architects and National Council of Architectural Registration Boards cc. TKL Corporation WMK R. Fullerton 21 COUNTY OF NE`V HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERitiIIT IN A CONDITIONAL USE ZONING DISTRICT Residential, Commercial, 0ft7ce, Marina The Board of Board of County Commissioners for New Hanover County having held a public hearing on February 5, 1996 to consider application number Z-559, submitted by Randall Bray for TKL,, Inc., a request for a special use pemvt in a Conditional~Use Zoning District to use the property located on U.S. 421 (Old Wilmington Shipyard) and having heard all the evidence and arguments presented 'at the hearing, make the following FINDINGS OF FACT and draw the following . CONCLUSIONS: 1. The Board of Board of 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 WII..L be satisfied if the property is developed in accordance with the plans submitted to the Board of County Commissioners. 2. It is the Board of County Commissioners' CONCLUSION that the proposed use `~ DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In'support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site has access to existing public streets (US 421 and Point Harbor Road) B. The site is located in the old North Wilmington Fire Department District. Service is ~"' provided by contractual arrangement with Wrightsboro VFD. ~, C. The exact source for water and sewer service is not known. 3. It is the Board of County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FIIIDINGS OF FACT: A. A site plan pursuant to the Ordinance has been submitted. B. The plan identifies all planned land uses. C. The plan identifies the perimeter boundary and adjoining land uses. D. No data are provided concerning traffic counts or traffic impacts. E. No data are provided concerning existing trees. 4. It is the Board of 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: 22 A. Many of the properties nearby are vacant. B. Redevelopment of this site as planned would be a significant change to the quality of L land uses in the area. ' - - - .. . 5:.. It is the Board of Board of County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namel that the location and y - 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. In support of this conclusion, the Board of Commissioners makes the' following FINDINGS OF FACT:. ~~ - . • A. The property to the south is a marine salvage yard.. Land to the northwest is a truck stop and restaurant. Land across the river is developed with industrial uses, including a speciality lumber company and a shipping company. >; ~ ' . 6.. Therefore, because the Board of County Commissioners conclude that all of the ' general and specific conditions precedent to the,issuance of a SPECIAL USE PERI~IIT HAVE been :, satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PEI~`gT 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 applicable federal,~state and local laws- . 2) That the plan comply with applicable landscaping and tree requirements of the Zoning Ordinance. 3) A covenant be established which discloses to future buyers, particularly residential interests, that the site is in close proximity to existing and%or potential industrial uses and activities.- -, ~~ - i. • • ~ ~ Ordered this. Sth day of February, 1996. , ' , • ' • ~ ~ ,. ' Robert G. Greer, Chairman ~ , Attest: . ~~ Clerk to the Board • . ~ I .. Airmation this _2 ~ 2 3 ~- .1996. ~ • `I l l ` . - . 3 Applicant . l This page intentionally left blank 24 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION it ~ ~ . ` Meeting Date: 03/09/98 ,, ~ . •_ ~ Regular~ltem #: 5g Estimated Time: 7c40pm _. Department: Planning Presenter: D. Hayes ~~ - Contact: Pete Avery ~, SUBJECT: . Rezoning (Z-612, 1/98) ~ ' ~' BRIEF SUMMARY: Request by C. Powell to rezone .86+/-acre at 6937 and 6939 Market Street to B-2 Highway Business from R-15 Residential RECOMMENDED MOTION AND RE UESTED A Q CTIONS: The Planning Board recommends approval. - ~ • FUNDING SOURCE: ' ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/COMMENTS• ~. ' ', •- - COUNTY COMMI ~ APPROVEQ ~~~~~ ~ ' REI~C'i'~Ci is . REMOYI.'D ~ .y° Posr~ I ' ~ ~ ,~- ,~ ~~ . 25 . ~ ITEM B Case: Z-612, 1/98; Applicant: Cheryl Powell Request: R-15 to B-2 Acreage: 1.1+/- Location: 6937 and 6939 Market Street Land Class: Borders the Urban Transition and Resource Protection f~! Classifications. Urban Transition encourages the more intense development due to the U availability of public services. Higher residential density is also permitted. Resource Protection provides for the protection of important natural, historic, scenic, wildlife and recreational resources. Residential densities at 2.5 units per acre is encouraged. Planning Board Summary With limited discussion, the Board voted unanimously (5 to 0) to recommend approval of the petition as submitted. They pointed out that the existing land uses and the current zoning pattern made the site more suited to commercial uses. A suggestion by Staffto include two adjoining parcels was rejected. No one spoke in opposition. Staff Summary With the exception of two contiguous properties, the subject parcel is surrounded by commercial zoning. Also, much of the immediate road frontage has already been developed on adjacent tracts for retail uses, services and related uses. A large mini-storage facility is being built on adjacent property. This trend of commercial development, coupled with the fact that most of the surrounding area is already zoned B-2 Business, all but eliminates the residential appeal the property may once have enjoyed. Like much of the surrounding area, the property proposed for rezoning is now vacant, however, a small residential structure is located in the adjacent B-2 area. These circumstances indicate that the rezoning is appropriate. One concern, however, is that rezoning will further isolate parcels A and C. Though the Board has been reluctant to rezone property unless petitioned by the owner, Staff would recommend those parcels be included as part of the communities desire for the consolidation of this expanding commercial center in the County. _ ~ ~ ~~9 . ~ z ~Z :WHAT XOU MUST ESTABLISH TO GET A CHANGE.OF ZONING OF PROPERTY ~~ Your intended use of property upon rezoning is completely irrelevant, except for conditional use • district proposals. The North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan. Since amendments to zoning-maps should also be based on a ~ - Land Use Plan, you must explain in the space below how your request satisfies each of the following requirements. How would the requested change be consistent with the County's Policies for Growth and Dcvcl- opmcnt? This is a predominately commercial area This would not negatively„impact any close residential area • ~. ~- - ~ .. , © 1-fow would the requested zone change be consistent with the property's classification on the Land Classification blap? ' ... ~+ ~ ' © What significant neighborhood changes have occurred to make dtc original zoning inappropriate; or how is the land involved unsuitable for the uses permitted under the.existing zoning? Currently this whole area is b eing developed commercially. Most`of the land around this has already been rezoned to B-2 In signing this petition, hundcrstand that die existing zoning map is presumed to be correct and chat I ~~ have the burden of proving why a change is in the public interest. !further understand that die sin lin ` out of one parcel of land for special zoning treatment unrelated to County policies and the surrounding 'neighborhood would probably be illegal. I certify that all the information presented in this application is ~~ accurate to the best of my knowledge, information, and belief. '~ - .2:7 _ ~p~~ • Signature of Petitioner and/or Owner PETITION SUMMARY SHEET Petition Number: Z-612, 1/93 Owner: iiallory; Pope Request: '~-15 to B-2 Taz ID Number: 4300 Representative: C. Powell Acreage: 1. 1+ j,ocation• 6937, 6939 Market St. LAND USE, ZONING, UTILITIES and SERVICES ~ .~' • Land Classification:. Urban Transition/P.esource PrQtectinn Existing Land Use: Vacant Zoning History• ~- Area originally zoned P.uGUSt 1971. Nu•n~rnu~ properties rezoned to B-2 in. the las sPVnra ~~r~ar~ .. .. .... ,,,...~ ~..r Water Typc: Fire District: Ogden VFD Road Access: i4arket. St . Blair School District: Scwcr Type• county Rccresition: Ogden Park Volume: ~S, nnn nnT ~ gS,~~;;_.,t MISCELLANEOUS PHYSICAL CHARACTERISTICS Smith Creek C (Sw) Watershed andWater Quality Classifica'tion• , Primary Aquifer Recharge Area: Conservation Resources: None Historic Landmarks and Archeological Sites: Soil Type(s) and Class: _ Septic Tank Suitability: . Prime Agricultural Soils: ilding Suitability: _ ~- Primarily Leon (Le); Class III N/A -'County sewer None . Some limits due to wetness .. - " .. NEW HANOVER COUNTY BOARD OF COMMISSIONERS - REQUEST FOR BOARD ACTION - Meeting Date: 03/09/98. ,~,~ Regular Item #: ~ Estimated Time: 7:45pm - Department: Planning Presenter: D. Hayes ~~ Contact: Pete Avery `~, SUBJECT: , Conditional Use District Revision, Change of Use (Z-593, 2/97; Revision 1/98) ~~ BRIEF SUMMARY: Request by P. Henderson to revise the existing special use permit authorizing a real estate office to permit a broader range of general and professional offices. The property is located at 813 Piner Road and is zoned Conditional Use Office and Institution. ~- RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval. ~~ ` FUNDING SOURCE: - ATTACHMENTS: ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• COMMISSIONERS' ACTIONS/COMMENTS: ~- ~. - • COU~!TY COMMISSIONERS , APPROVED ~~ ~i, REJECTED , p REMOVED O y ' POSTPONED ^ . HEARD ~ ^ •. GATE ~ " ~. ~ 29 ~ ~ ~ • ITEM C Case: X593, 2/97; Revision 1/98; Applicant: Pat Henderson Request: Change of Use: To General and Professional Offices, CD(O-I) Acreage: 3.2 Acres Location: 813 Piner Road Planning Board Summary U The Board voted unanimously (5 to 0) to recommend approval of the change in use: The Board determined that the range of planned uses wouldn't impact the general area any greater that the use currently authorized for the site. It was also pointed out the uses would be limited to t_he existing structure. No one spoke in opposition. ~ ,~,, NOTE: The subject property was rezoned Conditional Use Office and Institution for a Real ~ Estate Office on March 10, 1997. Subsequent to that approval, the owners have since opened a small real estate office there. The owners now are requesting the special use permit for the real estate office be modified to permit a broader range of general and professional offices. ~ ,~, While the ordinance permits minor revisions for approved conditional use permits to be approved administratively by Staff, it was determined in this case that the change in use constituted a major revision because the original special use permit issued for the site was for a re<11 estate office only. Due to that specificity, the change in use can only be approved by the Board of County Commissioners. Attached is the original rezoning and conditional use district orders. The only change in ,~°~ the findings of fact as outlined in the conditional use order is the fact that the real estate I office is now in operation. There have been no other significant changes. ~`"' Staff Comments The specificity of the original permit precludes conversion to other uses without County Commissioner approval. Approval of the revision would make it easier to accommodate land - uses similar in nature without having to go back through the entire review process. ,; ai~q 4~ ~ Ire , ~~ P ~ Y~` ' The relatively small size of the existing~strucure housing the real estate office leads Staffto '~`~ believe that similar office uses would have no~sreater impact than the current use. Moreover, changes in the plan, such as~`~enlargemen of the"building would probably require approval by the Commissioners anyway, profviding an adequate check and balance for major alterations. '~1,...JJ' . C~,, ~~~3f`9 30 ~ ~~a~ r r s t s r s 1 ~ r o~~~~ti~S~P~s~~ ~~,~AI..EA. IbEAL7l,Y, ANC. ~ ~~J ~~rr row~m•: /lr1d. ~~ P.O. Box 15235 Wilrningtgn; NC 2840 Phone: (910) 791-72R(1 •ax: (9IO) :19~-142}{ . TJovembcr 7, 1997 ' Ncw~f-1ano~cr County Planning E3oani Wilmington North Carolina Gentlemen: ' (respectfully request drat the Special Use Perrnit~on a parcel of my land, including the brick ullice building. Currently occupied as a real estate otiice, and approximately.'/ acre of land .-r! S I ~ Piner Road be com•erted to allow for a chiropractor's oflicc in.licu of rea! estate ollice. ti4'c fi;t~ther reyuct that this be accomplished-within the jurisdiction of•the f'lannin~~ .Goard, it I~ossble. The i)octor planning to purchase the oE}icc has relocated to Wilmington and is in Weer! of'spacc that he could occupy immediately, rather than w~ itinr; ;-6 month:: for a new office to be constrUCted. nlso, our family has need to sell as we have recently sett:ed litigation asainst us wncerning a stucco issue here in \Vilmington, which has IeR,us financially strained. ~Ve appr•ecilte your consideration in this matter. Sin ercly, Pat Henderson 31 January 26, 1998 12:51 PM From: Danny Wood 'Fax #: (910)799-8319 Page 2 of 2 Att. Pete Avery ZONING CHANGE ON PINER ROAD To `vhom it may concern, I am concerned about item four on the plaruiing board agenda for January 8, 1998. This meeting was postponed to a later date because the planning board did not have enough members present to hold a meeting. I am writing this letter because I will probably not be able to attend the meeting on the ne~v date. I hope you will give this letter extreme consideration. In reference to item four on the January 8, 1998 agenda, I feel like any fi~rther development or rezoning in this area needs to be put on hold until we can figure out what do with our drainage problem here. The property in question will have a direct impact on the drainage where I live. Every time we hale any significant amount of rain, water backs tip in my yard and almost into my liotise and garage. I have lived here since 1978 and the problem has gotten steadily worse over the years. I have spoken to Jim Craig with the engineering department on many occasions concerning the drainage problem. He basically says his hands are tied but agrees that we have a big problem. I also spoke with Adam Rahal with the same results. I have also spoken with Joe Justice, Joe Price, David Thomas, and Albert Maread}~ all of whom work with the Department of Transportation. They also seem to have there hands tied. About the only advice that I have gotten is to take civil action against whoever I feel is causing the water to back tip on my property. I wish Mr. Henderson the best of luck with his bt~siiiess venture, but not at my expense. I hope ~~~lien you read this letter you will try to imagine having a major ditch n~nning adjacent to your land and someone downstream slowly_over the years building a dam and turning your land into a lake. I hope as a "planning board" you will read this and act responsibly, not just on this zoning change, but any zoning change in the future. Let's think ahead. Sincerely yours, Danny Wood address: 1 S9 Horndale Dr. Wilmington, N.C. 28409 32 phone: 799-8319 ,,- ~ - STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERiti1IT ' 1N A_ CONDITIONAL USE ZONING DISTRICT Reap Estate Office 1 The County Commissioners for New Hanover County having held a public hearing on March 11, 1997 to consider application No. Z-S93 submitted by Patricia Henderson, a request for . a Special Use Permit in a Conditional Use Zoning District to use the property located at 813 Piner Road, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-1(3) and 72 of the county Zoning Ordinance tiVII..L 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 genera] requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property has direct access to a Piner Road, a public street. B• Both existing structures are served by individual wells and septic tanks. C. The site is located within the Myrtle Grove VFD District. D. The site is not located in the 100 year flood plain. 1 1 3• It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; narriely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make tl~e foliotiving FINDINGS OF FACT: /~. A site plan pursuant to the Zoning Ordinance has been submitted. B. ~ Adequate area is available to accommodate required off-street parking. C. Site identification signage is limited to 12 square feet. The applicant plans to install a sign 2' x 6'. D• Development of the site would be immediate. E• Because the existing structure would be used for the office, no special land clearing that might impact existing trees and ocher vegetation would be needed. 33 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 FIitDP11GS OF FACT: A. Property to the east is occupied by Myrtle Grove Middle School. B. Property to the southwest is occupied by Myrtle Grove Presbyterian Church 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy tl~e fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New IIanover County. In support of this conclusion, the Commissioners make the. following FINDI1YGS OF FACT: A. There is a vaiiety of land uses in the area, including several churches, a school, scattered residential development, and a large shopping center. 6. Therefore, because t}ie County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PEI2i~IIT' ~aVE been satisfied, TT LS ORDERED that the application for the issuance of a SPECIAL USE PEFti11IT I3E 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 applicable federal, state and local laws. 2. Per site plan 34 This page intentionally left blank 36 . ~. - NEW HANOVER COUNTY BOARD OF COMMISSIONERS r'; ~ REQUEST FOR BOARD ACTION _~ ' Meeting Date: 03/09/98 .. ~. ~ , ., ~ .. Regular Item #: ~5 D Estimated Time: 7:SOpm , Department: Planning Presenter: D. Hayes - ~~ ~Contact: Pete Avery ~ ~ ~~ . ,~~ ~ SUBJECT: ~ . Rezoning, Appealed Case (Z-613, 1/98) , ~, BRIEF SUMMARY: ~ - • ' Request by C. Powell to rezone 2+/- acres at 5664 Carolina-Beach Road to O-I Office and Institution from ` R-15 Residential. ~` ~ RECOMMENDED MOTION AND RE UEST D AC .. Q E TIONS: _ . The Planning Board recommends denial. ,~ - FUNDING SOURCE: ~~~ ATTACHMENTS: 4 REVIEWED BY: ~, _ .LEGAL: NIA FINANCE: N/A BUDGET: N/A H MAN U RESOURCES: NIA ~; COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: ~ . ~' COMMISSIONERS' ACTIONS/COMMENTS: ~ ; ~y ~- ~~ .. ~ _' . COUNTY Ct~MMt , .. ~ ~F ~ . APPROVES G REiECTEQ D REMeUED k3 ~~ I POSTPOiV~ Cl HEARD ~ ~1 ~~ . DATE . 4 ~ . ~~ - 37 ITEM D Case: Z-613, 1/98; Applicant: C. Powell Request: R-15 to O-I Acreage: 2+/- Location: 5664 Carolina Beach Road Land Class: Urban Transition; Encourages more intense development due to the availability of public services. Higher residential density is also permitted. Planning Board Summary Concerned with "creeping" non-residential development along the road frontage, the Board voted unanimously to recommend denial of the petition as revised. The revision made at the meeting included a request by the applicant to add an adjacent property to the petition. The Board determined that the continued linear spread ofnon-residential uses along the highway, even if they were office uses, might be difficult to justify under current land use policies. Three nearby residents spoke in opposition. Two of them were concerned with encroachment ofnon-residential uses and the impact they would have on their property values and quality of life. The other was concerned that the Land Use Plan wasn't working and that new policies should be devised to . address these ever-expanding commercial areas. . Staff Summary The subject property is located on the southern fringe of the Monkey Junction commercial node. Though the node's geographic limits are not defined, the County has been careful in similar cases to limit commercial expansion and to promote transitional zoning such as Office and Institution. In September 1996, the County rezoned contiguous property to the north to O-I. Construction there recently began. Also, the County Planning Board recommended property across the highway also.be rezoned to O-I. That case goes before the County Commissioners on January 5, 1998. In April 1995, a petition to rezone adjacent property along the site's southern boundary to B-1 Business was denied. No appeal was executed. The proximity of this property to the Monkey Junction commercial node and US Highway 421 significantly reduces its appeal for residential development. The same can be said for similarly situated properties adjacent„to cones st'e~d t~h'o ©ugtifares. As a result, the County is always under great pressure to rezone these types of p~opertie`stfor commercial uses.. ~~~~ The Land Use Plan is spe~ific on this'~oin't~~lIt~1s`a "s?that stri commercial develo ment h l P Y P p s ou d be avoided because it leads toy. an undesirab"~le~l'and~use~pattern. A possible alternative could be the placement of a transitional zoning'district wtii~ch'~1mi`ght create fewer impacts on nearby residential uses yet be more compatibfie?~with~-adj~acent~cornmeccial uses. One such alternative used fre~tly by the County is Office and Institution Zoning. It has been applied in several areas of ,. ~,. the County,. though it is too early to' gauge its success. ~ ~ '' `~~` .. The Land :Use Plan promotes, office and related uses to serve. as a transition between competing t land uses; most notably commercial and residential. This argument was applied to the existing 0- - I zoning to the north. The idea behind that rezoning was to limit commercial expansion but to ' allow the•owners reasonable development opportunities for land~that wasn't likely to-be utilized •~~ under residential zoning.. ~ . This situation for this tract is nearly identical to the 1996 rezoning for the adjacent property. In ~~ both of these situations, however, there is the potential to utilize the rear ortions of the P ..properties that front, along Lobos Lane for residential development without facing all~the effects of Carolina Beach Road. Other houses already front the western side of that road. Until ~, > -commercial and office,lands to the north and across the stree ar ~ . t e fully utilized, it may be . premature to add al{ of these additional acreages at once. , '~/ ~` - ^ ~~ ~ ,. . ,, . _. , t ~~ . ~' ;. .. ,,~ ~ ,~ ,. ,i. ~ .. ~~ _ . ~ . ' ~~ . ,. 39 ., .. ~ - ~'. `.~~~ WHAT YOU MUST ESTABLISH TO GET A CHANGE OF ZONING OF PROPERTY Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan. Since amendments to zoning maps should. also be based on a Land Use Plan, you must explain in the space below how your request satisfies each of the following requirements. How would the requested change be consistent with the County's Policies for Growth and Devel- opment? ' This is directly on Hwy. 421 South of Monkey Junction. This would not negatively impact any close residential development Adjacent property has been re-zoned to O&I © How would the requested zone change be consistent with the property's classification on tlu Land Classification Map? ' This is in area that is rapidly becoming more commercial than residential © What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for tttc uses permitted under the existing zoning? Adjacent property has been rezoned to ObI Currently this area is becoming commercial on both sides of Hwy 421 1.,~ In signing this petition, I understand that the existing zoning map is presumed to be correct and tha[ I have the burden of proving why a change is in the public interest. I further understand chat the singling out of one parcel of land for special zoning treatment unrelated to County policies and tfic surrounding neighborhood would probably be illegal. I certify that all the information presented in this application is RF` accurate to the best of my knowledge, information, and belief. ~ i 40 Signature of Petitioner and/or Owner . PETITLON SUMMARY SHEET. _ . Petition Number: Z 613, T/98 ~ ' S . Batson Representative: Owner: C . Powe l l , _ Request: P-15 to O-I Acreage: 2+ '~~ Taz ID Number: 7600 Location: 5564 `Carolina Bch. ' P.d. ~ - ; . - ' LAND USE ZONING UTILITIES and SERVICES Land Classification: Transition - R i es dential . Ezisting Land User ' Zoning. History: ~' Area originally zoned April 1971. Adjacent ~~~ ~ - O-T arZnm~~a~ 9/96 ~_ Water T c. t'lel is County • 3'P Sewer Type ~~{ Fire District: __ Myrtle Grove VFD Rccresition: Arrowhead. Road Access: Carolina Bch. Rd. Volume: 22 ~ 800 ADT ' 95 count School District: ~ llamy ' ,~' ,` MISCELLANEOUS PHYSICAL CHARACTERISTICS ~' ~ . Watershed andWater Quality Classificsition• Piotts Branch C (Sc~) ~~ Primary . - ... Aquifer Recharge Area: ' ~ '~r Conservation Ruourccs: None Hi t i L N - s or c. one andmarks and Archeological Sites: . ~~, _ ~ . Primarily Leon (Le): Class III Soil Type(s) and Class: - ~ N A Cou Septic Tank Suit~bitity: / my sewer ' .. Prime Agric4lturxl Soils: None . Building Suitability• _ ~ Some limits du ~ a~~t.,`.~~ :: 41 {, _ - _ ' This page intentionally left blank 42 • , . NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~~, REQUEST FOR "BOARD ACTION Meeting Date: 03/09/98 ~~ Regular Item. #: 5 ~ Estimated Time: 8:55pm Department: Planning Presenter: D. Hayes „ '~~ , Contact: Pete Avery 4 , ,~ SUBJECT: Rezoning (Z-615, 2/98) BRIEF SUMMARY: ~~ ~ ~ ~ ~ , ~~ Request by W. Bass for the Supper Optimist Club, Inc. to rezone .45 acre at 605 Eastwood Road to B-2 Business from R-1S Residential: - ~` RECOMMENDED MOTION AND REQUESTED.ACTIONS The Planning Board recommends approval. FUNDING SOURCE: ~~ ATTACHMENTS: ' ~~ ITEM DOES NOT REQUIRE REVIEW ~ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• ,~~ COMMISSIONERS' ACTIONS/COMMENTS: ~a . - ~ ~ . ;~ r i ~' - - ~ ~~ COUNTY CAM~~Si : ,~ APPROY~© ~~ „1 ~ - ,~, ~ ~ REJEC~"l~1 #:3~ ~~~ ` REMOVED Q . . ~ AOSfif~N t? '' HEARS ~ ~ I . DATE ....,../,r.,,`7 ~r,~,. l~, ~ ~ 43 _ ~ ITEM E Case: X615, 2/99; Applicant: W. Bass for Supper Optimist Request: R-15 to B-2 Acreage: .45 Location: 605 Eastwood Road Land Classification: Urban Transition- Encourages more intense urban development and related uses where public services are readily available. Higher residential density is also encouraged. ' Planning Board Summary Although Staff felt O-I Office and Institution zoning might be more appropriate for the property, the Board voted unanimously (5 to 0) to recommend approval of the petition as submitted. The Board noted that the property's proximity to other non-residential zoning and its exposure to the highway made residential development unlikely. It was pointed out during the hearing that the structure used by the Optimist group had never been utilized as a residence. There was no opposition. Staff Summary The existing residential structure on the subject property serves as the clubhouse for the Wilmington Supper Optimist Club. Though this and related uses are permitted by special use permit in the R- I S Residential District, the County has no record that a permit was issued for the current operation. A variety of land uses are located in the area. Property to the west, which is zoned B-2 Business, is occupied by chiropractic office. Also located on that site is a 120 foot monopole communications tower operated by 360 Communications. Land to the east is used for single family dwellings. Land to the south consists of anon-residential off-street parking lot and the home offices for Worsley Companies. The parking lot serves the Worsley Company operation. Those properties are zoned R- 20 and O-I. Land to the north is zoned B-2 Business but undeveloped at this time. College Acres Baptist Church is located to the southeast. The property has direct frontage along Eastwood Road, a major arterial serving as a primary east west transportation rowte between Wrightsville Beach, the City of Wilmington and Smith Creek Parkway. Traff c volumes are-very-rm~aking thle~` oad one of the busiest in the County. Recently NCDOT began widening tli`e road to four lan~'e~s b~ een the beginning of Smith Creek Parkway and Military Cut-off. While this constru~c~tion~wll~rel~ e some of the traffic congestion plaguing the road as well as facilitate more efficient access to,the beach, it has severely exposed residential uses that front along the road, in~eluding the~subje~ct parce . Other residential ro erties affected b this construction include those m Long Le~~Acres ~Wm~demere Cavalier Woods Pointe Summerset and r - ~ ~.a~, F~asjwood Village. ~ - ~~ r .. - ~~r The existing building has never been used residentially and. the intensity of nearby non-residential uses,. coupled with the widening ofEastwood Road, makes its future for residential purposes unlikely. ~ .While B-2 Zoning would be consistent with adjacent zoning, the continued linear expansion of that ;~ -district to the east would have detrimental impacts on residential .lots in Long Leaf Acres. It would also place more.. pressure on the County, at least in the short term, to rezone other properties. We '~ say short term because these properties are in the. City of Wilmington Phase I annexation and a final % legal decision is expected soon on the validity of that plan. If annexation goes through, then the lands will be removed from the County's jurisdiction. ~N A less intrusive zonin for the ro ert w g p p y ould be to O-L. This would recognize the site s unlikely ' redevelopment for residential purposes and soften the impacts on existing residential uses to the east. Si i i m larly s tuated properties across the street have followed the same course action. ~' ~, '~~ '~ ~~ ~ - _ '~~ . `~ . - ~~t i I I ~ 1~' r ~ , . I f ~~ ~ ~ ~- ,.- ~ ~- ~ 45 i - . ~ . WHAT YOU MUST ESTABLISH TO GET A CHANGE OF ZONING OF PROPJERTY Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The North Carolina General Statutes require that zoning regulations shall be made in• accordance with a comprehensive plan. Since amendments to zoning maps should also be based on a Land Use Plan. you must explain in the space below how your request satisfies each of the following requirements. ~ • How wouldpthe requested change be consistent with the County's Politics for Growth and Devcl- opmcnt? ~( 11 Rc~aDin;n~ Pr~pzttt.icS SoUtS\aFa~' aF CRr~;nR~ agl';~~ kCincd ~"AS-~woDC~ Rd• Rr>; ~1)nz~i ~'o~• l b~T~. /fT'~- /t~0 r~,sF~~~~,~1 s~~~s ~.~Ft on t~~s $Fct.an d~ xAS-tu,ood. L ~~zl t~~ r'~~as~>:c~ eti~n~~ ~Duld G-~ l~lar~- ~ ~'ons;~t~h~' ~;~~ t1~~ Rl-i^R s ~rdw~1~ d- Po~-tx~;t41 - ..Pro~1zT~ Gaaulc~ ~ z ~~~i-, ~~1'U~ ~nl~t )) ~us~nLsS c~uc~ A-~ 1r~~4)i ~1:~;cA1~. © How would the requested zone change be consistent with the property's classification on the Land Classification I`fap? ~~k~ Pr~pLr~~x=s ;n r?rrR- R1tx,~ay ~D~r~ ~- ~ PrapD~~~ ~r~~~~ UJtpta~~ (,-~ ~xcz)l~h~- F~r- A A p D i .1 ~1~ ~ /. /~ S I W. D D ~ ~~ • /~'~ ~` • S ~ ~ D ~`~ ~ ~ D fx l L~ ~- G (hd r~ ~ens~s~'int 4a;zx~ ~Rmr ,~F~~~~e rS . © What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is ttte land involved unsuitable for the uses permitted underr the existing zoning? With zt"hz ~XPhS;a~ o~• ~-ts~t.~aa~ IQC~• d- f~lr $.roaat~ . dF oUr dP~;m;st G1a2r-~ 'c,.ir ~~n8 ~urst)t~cS ~u~ck)y. Dut~~ocai~~' tI`~ prDpxr~. Ra oar ypu~~. p~-o~ rflm5 ~Lfiur ~on~ar~,=~ ~"e $. rdLi9 [x.tt ftt) ~h•~}~" l.~.ts ~t;~ti\Zt' 6-Fz'-zt's1~ Sy>'U= ©ur CBunt~l d, ~'tS y19 u t~ Lc.t; Li~ fi'' lhr~rl' ~RC;1~i~ /-1Dr~ C1^~~r~)~~=~ zD mur Rt'i: tt. In signing this petition, I understand that the existing zoning map is presuntcd to be correct and that I have the burden of proving why a change is in the public intcicst. I further understand that the singling out of one parcel of land for special zoning treatment unrelated to County politics and the surrounding neighborhood would probably be illegal. I certify that all the information presented in this application is accur~e~ the best of my knowledge, information, and belief. _ ~1~ • Q • ~~-- Signature of Petitioner and/or Owner. 1 ~ .. .. ' PETITION SUMMARY SHEET ' ~~ :~ - Z-6],5 .Petition Number: ." Su r O i ~ ppe ptim st ~ Owner: Re resentative: W• Hiss P ~ Request: R-15 to B=2 Acreage: .'45 ~ . ' -- ~ ~ ~ 605 Eastwood Rd. Tax ID Number: _ 5014 Location: . LAND, USE, ZONING, UTILITIES and SERVICES ~; ' Urban Transition • Land Classification: . Supper Ocrtir~ist Club - Existing Land Use:'. ~ - ~~° - area on final ,.- Zoning $istory: ~' g ly zoned July 1, 1972. O-I areas to ~ ~ ... .~ , , . . the'~south established in 1986- and `1994 . ~ '~Yatcr Typc: ~ Community Scwcr Type• County • . Fire District: Seagate Rccresition: ~ Rt a; r r~nh7 P nr'T[jAn ~~ Eastwood Rd. 10, 900 ~''ADT - 95 coun~k Road Acccss: Yolumc: .-. ' ~ .., .. School District: `College Park -~. .. • .. 1. ' MISCELLANEOUS PHYSICAL C~HAR.ACTERISTICS ' ~ Watershed andWater Quality Classification• Smith Creek 'C'(Sw) . . Primary Recharge Area - _. Aquifer Recharge Area: ~~ - ., None 'Conservsition Resources: ~ ~ ~, .. None. Historic Landmarks and Archeological Sites: ~~ ,.- ~ ~ - . ,~. ~ - '- ~ N/A site is developed` soil Type(s) and cuss: cptic Tank Suitability: j S ' . I ` . N/A Pnmc Agricultural Soils: ~ Building Suits~bility: •~ ~ ~ Site is developed ~ ~' ~ j ~_ , .. _ ~ j 'e f Tliis page intentionally left blank NEW HANOVER COUNTY BOARD OF COMMISSIONERS '~ ~t REQUEST FOR BOARD ACTION T. . , Meeting Date: 03/09/98 . _ Regular Item #::S.F Estimated Timer 8:20pm Department: Planning Presenter: D. Hayes 1 Contact:' :Pete Avery - ,I~ SUBJECT: L. .Special Use Permit. (S-423, 1,/98) 'ti _ , BRIEF SUMMARY: Request by A. Carson for Coastal Storage, Inc. to provide a manager's residence for a planned personal ' storage facility at 6947 Market Street. .~{ RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval. FUNDING SOURCE: ATTACHMENTS: ,~! J ITEM DOES NOT REQUIRE REVIEW `~1 - ~ , ^ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: COMMISSIONERS' ACTIONS/GOMMENTS• ~F I J _. / ~ .. ~ ~ - ~' ~ ., .. CAUNTY.COMMI, .;' . . APPROVEp C i '~~ x_•• .. - REJECTED D ~,, ~ REMOVED L`t {#;~ I . POSTPONEp CI HEAt2Q p ,, DAVE ...~~~ .: ` !!!~ ~ ., .. i . . 1 49 ~; . ~i ~- .. , .. ITEM F O Special Use Permit-Request by A. Carson for Coastal Storage Inc. to Provide Manager's Residence at a Planned Personal Storage Facility at 6947 Market Street. (S-423, 1/98) Planning Board Summary ' The Board voted unanimously (5 to 0) to recommend approval of the petition as submitted. There was little discussion and no opposition. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved: A. The site has direct access to Market Street. B. The site is located in the Ogden VFD District. C. The site has access to County sewer. A private well is planned for water service. D. Similar facilities have been approved by the County without record of complaint or problems. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is zoned B-2 Business. Dwelling units incidental to a principal use are permitted by special use permit in the B-2 District. B. The dwelling will be located on the upper floor of the main office. C. The building housing the dwelling can comply with setback requirements. D. The area of the building devoted to the dwelling does not exceed 50% of the -total floor area of the structure. E. Adequate ofd=street parking is provided. F. Open space equal to or exceeding the floor space devoted to the dwelling can be accommodated on site. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The dwelling will serve as an on-site manager's residence for a planned 53,900 square foot personal storage facility. Adjacent land uses consist primarily of retail, business and personal services"a d rel'afed~u°sesB;ecause the site is zoned B-2, the personal storage facility is pennit~ted by ngh'c~ ~~~A Q'~A 4. The Board must find that the"~Iocat~ton~an~d~character of the use if developed according to ~' the plan as submitted and approv'ed~will~einl harmony with the area in which it is to be L located and in generalconformity~with pla~n~of development for New Hanover County. A. The dwelling willybe,~locatedaoriWther pper~floor of an office building that will be built to ~, oversee the daily operations of the personal storage facility. B. Similar facilities are located throughout the County. ' 50 ~. PETITION SUMMARY SHEET S-423, 1/98 :Petition Number.: ~~ ~ Owner Coastal Storage "Representative: •A. Car~o*~ " . Request:- Dwel 1 i ng Unit Acreage: 2.72 ' ,,Tax ID Number: 4300 ~ 6947 [tarket St. "~ `~ ~ Location: ~1~~ ~, ~ ~. LAND USE ZONING UTILITIES and SERVICES • Land'Classification• Urban Transition/Resource Protection ,~' ~''~ Existing Land Use: • t4ini-story ' Zoning Hi tort': ~' .Area originally, zoned August. 1971: :Numerous ' ~.'. ~. DrODPr{-] ~S' nPr3rh~~ rP~nnari to R-7 i ., ~~ 1 ~ G . ~~-` u ~ 1 ~~ Water Typc: Community Scwcr Type- Coin y `~~ Ogden ~ Ogden Park Eire District: Rccresition: ~~ Road Access: t-tarket St.' Volume: " 2.5; 000 .ADT ' 95 count School District: Blair ' 4 ' MISCELLANEOUS PHYSICAL CHARACTERLSTICS ~ . ~. ., Watershed and~Vater Quality Classification• with Creek C (Sw) ~~, ., - "Primary ,. , . :.. ' ~ Aquifer Recharge Area:, ' Conservation Resources: None ~ ~ ~~ `~- Historic Landmarks and Archcolo icnl Sites: NonF ~ ~ . 8 .~~ ~ • ~~ ~r i. ~ .. - Primarily Leon (Le): Class LII .I r~ ~Soi! Type(s) and Class: ~!• ' - Scptic•Tank Suitability: N/A - County sewer. i ' Primt Agricultural Soils:_ None " ~ Some 'limit . s due to wetness ~ " Building Suitability: ~ .. - 51 ~' . .. ~~ ~ .. What You Must Establish For A Special Use Permit Authority to grant a Spccial Use Permit is contained in the Zoning Ordinance, pursuant to scction 71. The Zoning Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the ~`} proposed use satisfies these requirements: (Attach additional pages if accessary) ~ f General Rcquircnrent #1 The Board must find "that the use will not materially endanger the public health or safety if located where pro- posed and dcvclopcd according to the plan as submitted and approved." Statenrerrt by Applicant: The intended use will actually enhance the safety of the public by providing on-site security, instead of having the stocage buildings unattended. This should deter break-ins and/or vandalism. General Itcquircment #2 The Board must find "that the use meets all required conditions and specifications" of the "Coning Ordinance." Stntenrent by Appliccnt: To the best of my knowledge, this site meets all conditions of the Zoning Ordinance, pending this Special Use Permit allowing the manager's residence above [he proposed office, as allowed by Article 72-29 of the Zoning Ordinance. General Rcyuircmcnt #3 Tlrc Board must find "that tlrc use will not substantially injure tlrc value of adjoining or abutting property or drat the use is a public necessity." • . . Stutrrnerrt by Appliearu: The site is located next to current businesses and should have no ill-effect on [hem. The public demand Eor this type of facility appears to be high. General Itequircmcnt #J The Board must find "that the location and ehar~ctcr of the use if dcvclopcd according to the plan as submitted and approved will be in harmony with the arcs in which it is to be located and in general conformity with the plan of development for Ncw Hanover County." Stcrlcnrcrrt by Applicart: The site is located by woods and an entrance road to Cape Harboc Apartments on [he north side and a current business, Custom Colors, on the south side. I[ is in keeping with the type of buildings located in the area. Tlrc Zoning Ordinance in some instances, also imposes additional specific requirements on the use requested by i the applicant. The applicant should be prepared to demonstrate That the proposed use will comply with cash I-7I spcciGc requirement found in scction 72~_, (as applicable). Hc/Shc should also demonstrate that the land will be used in a manner consistent with the plans grid policic3 of Ncw }{anovcr County. The Board of Commis- sioners may impose additional conditions and restrictions chat they deem appropriate prior to the issuing of the Spccial Use Permit. ' [ certify that all of the information presented in this application is accurate to the best of my knowledge; informa- tion,and belief. ' 52 Signature of Applicant and/or Owner ,n ~:.. NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~r REQUEST FOR BOARD ACTION , Meeting Date: 03/09/98 ~, Regular Item #; 5 G Estimated Time: 8:25pm bepartment; Planning Presenter. D, Hayes ~~ Contact: Pete Avery ~~: .'SUBJECT: Special Use Permit (S-424, 2/98) • M -. • ~' BRIEF SUMMARY: ~~ Request by Landfall Village Partners, LLC for approval of a nursing and personal care facility consisting of a health care unit, assisted living care units, and ancillary facilities -clubhouse, laundry and wellness '~J center. The facilities would be located in the west part of Pembroke Jones Park, northeast of Old McCumber Station. Road. i RECOMMENDED MOTION AND REQUESTED ACTIONS: ~ ~ ' ~~ The Planning Board recommends approval. ~ • FUNDING SOURCE: n . ATTACHMENTS: ~• • • ITEM DOES.NOT REQUIRE REVIEW ~ , t ~. ~ , ' COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• ~1 COMMISSIONERS' ACTIONS/COMMENTS: '~ ,. .. _ COUNTY COMMiSS10N~S _ ~ APPROV~© ~/ :~~~~ R£.lECT~ CI ~;~' REMQ-1I~D Q -~, - PQST~ Q •~~ I H~ Q r! ~ ., .. ~~~ ~ 53 ~~ ~f ITEM G Special Use Permit-Request by Landfall Village Partners LLC to Construct a Nursing and Personal Care Facility, Including a 80 Bed Nursing Care Center, a 120 Unit Assisted Living Care Center, a Fitness Center, a Physical Therapy Unit and a Clubhouse with a 400 seat Dining Room. The Cacilities would be located on the western side of Pembroke Jones Park/Landfall north of old McCumber Station Road. (S-424, 2/98) ~ ' NOTE: In addition to the uses outlined above, the site plan depicts a residential component of independent living units consisting of patio homes and apartments. These uses are not part of the special use permit application. They will be submitted for review under the subdivision review process as a revision to the Pembroke Jones Park Subdivision and Landfall IL Planning Board Summary After a brief presentation by the applicant's consultant in which he explained how the facility would operate, the Board voted unanimously (5 to 0) to recommend approval of the plan as submitted. They also concurred with general issues raised by Staff. In support of their position, the Board pointed out that this area of the project had always been intended for some form of, retirement village that would include a personaVnursing care element and assisted living." There was no opposition. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The site's primary access would be to private roads within the Pembroke Jones Park Subdivision..An additional secondary access point is planned for Old McCumber Station Road. It will be used as a service entrance. B. Several wetland areas are identified within the tract, but none of those areas will be disturbed. The site is also located in the upper reaches of Howe Creek, which is classified as one of the County's Outstanding Resource Waters. As a result, drainage management is critical to maintain water quality. C. The site would be served by City of Wilmington water and County sewer. D The site is located in the Ogden VFD district. (NOTE: The site is in the Phase I area of the City's annexai~ia~ 'rC~i~ ~+f~iA 2. The Board must Gnd that theuse m~eets~alt~required conditions and specifications of the Zoning Ordinance. '' A. Nursing and personal care fa~,cil'es~~ing assisted living care and ancillary uses, are permitted by specuse permit ~n the~l;3 and R-20 Residential Districts. The property is zoned R-20 and~R~15"Re~`sirden~° ~~~~ B. All required setbacks can be met. C54 A total of 253 off-street parking spaces will be provided. A l 1 `I; 1 1 i is 1 i y 1 i A I 1 D. Adequate area is available to meet required landscaping needs. 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. Much of the land to the west and south is undeveloped. Land fo the north is planned to consist of independent living units that will be integrated into the nursing and personal care complex. Land to the east, which is also undeveloped, is -part of the overall ' Pembroke Jones development. A site plan for 205 single family dwellings and a nine hole golf course has been approved by the County. Revisions are expected. B. Institutional uses are considered appropriate adjacent to residential development provided the design and scale are compatible. 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 plan of development for New Hanover. County. A. The retirement component proposed by this application has been an integral part of the master plan for Pembroke Jones Park since the subdivision's initial approval, dating back to April 1987. Although the master plan has.been revised numerous times, there have been no changes by the owners to the area designated as the "retirement center." B. Housing opportunities shall be encouraged to be developed for citizens of all economic status, including the elderly and mentally and physically handicapped. General Issues -Greater detail should be provided for parking needs and impervious coverage. -The access and general circulation pattern should be clarified. -Compatibility, safety, and security. a 55 :L'.. ... J. .L' 'JL'J.. 1.1 ill:. 1.1 L1111:1.. L.. .......L.1. .... II-. .i1 ~..1. ~,..~ .. .J What You Must Establish For A Special Use Permit Authority to grant a Special Use Permit is contained in the goring Ordinanca, Pursuant to scction 71. The Zoning Ordinance itnposcs the following General Requirements un the use requested by the ap?licant. Urdcr each tequiremcnr, the applicant should c.cplain, with reference to attached plans, where applicable, how the propuscd use satisfies these tequirnmenu: (Attach additiunal paves if necessary) Ccneral Requirement Xl The Boned must find "that the use will not materially endanocr the public health or safety if located k•hcre pro- posed and developed aceotding to the plan as submitted and approved.' ' Statrntcnr by ApplicatC • See Attached Ccneral Requirement /~2 The Board must find "that the uu meets ali tcquiruf conditions and spccititatinni' of the Zoning OrJ:nan:c." Sratuncnth}'rtpp[icmu: ' See Attached Gencral Requirement ~3 The Boatel must find "that the: use will not substantially injure the value of adjoining or abu;tin, p:orc::y or that the use is a public nc:cssity." S:afcrncnf by.-irPlicanr; See Attached Gencral Rcquirenrcnt rt-l The Board must Lind "that the focaron and character of the ux if dccelopcd according to :Rc jlan as s~~miucd and approved will be in harmony with cF.c area in µ•hich it is to l'e located and in gcreral eor.forrtity v.ith :t:e plan (~ of development for:~cw Haaovcr County." 1!_.l~ Sratcmcrtt by .4ppli~arr: See Attached .The Zoning Ordittnncc in some instances, also imposes additional specific rcquiccmcats on the use rt:eucsted Sy j~ the applicant. The applicant should be prepared to demonstrate that the proposed use will comply with each ~ l~l specific requirement found is scction 72~_, (as applicable). HdSF.c shuuW ako demonstrate that the land will be used itt a manner consistent with the plans and politics of ~Icw Hanuvc: County. Tnc Board of Commis- sioners may impox additional conditions and trstrictioas that they deem appropriate prior to the issuing of t;te Special Use Permit. , f certify that all of the infur:narion prescn:cd in this a?plieation ii accurate to the best of my i:ao•xlcd~c, informa- tion,and belief. u Signature o(Ap scant and/or Owner 56 ~ f PETITION SUMMARY SHEET ~~~ ..Petition Number: .5-424 La df ll A n a ssoc. Landfall Village T?t Owner: Representative: Request:- Nursing & Personal Care Acrea e. 25 g• ~~ Tax 1D Number 5100 tion: Pembroke Jones_ Park ' • Loca .~: . ~ ~ LAND USE, ZONING, UTILITIES and SERVICES ' '' Resource Protection Land Classification: `~ . Vacant ' Existing Land Use: Zoning History: ~' Area originally zoned Mav 18. 1970 ~k _ . ' `~ Water Typc: .City of Wilmington $cwcr Type-- Coin y . . -0 d e n Fire District. Ogden Recreation: g Park Road Access: Internal private roads Volume: Unknown ~t7ricatsville Beach School District: '~' • . ;~~ . MISCELLANEOUS PHYSICAL CHARACTERISTICS , Howe Creek SA(ORW) Watershed andWater Quality Classification• Outside Primary & Secondary Areas Aquifer Recharge Area: ~; Conservation Rcsourccs• High Quality 47etlands - Swamo Forest character $istoric Landmarks and Archeological Sites: (lone known ~,; ~' Wide variety, poorest soils are Johnston (Jo); ' I soil Type(s) and class: ~ 2d/A county sewer- Class IV Septic Tank Suitability: I Prime Agriculture] Soils: Clone $uilding Suitability: 6•Ietland areas - . I j LANDFALL VILLAGE RETIREMENT CENTER u Landfall Subdivision, New Hanover County, North Carolina January 7, 1998 STATEMENT OF JUSTIFICATION In Support of a Special Use Permit Application This is a statement to describe the proposed Landfall Village Retirement Center, and to establish that the proposed use satisfies each of tl~e four General Requirements for a Special Use Permit as set out in the New Flanover County Zoning Ordinance. The Landfall Village Retirement Center will be a full, life-care Continuing Care Retirement Community (CCRC), based on tl~e concept of "aging-in-place." The Retirement Center will provide a range of living opportunities geared to levels of health care needs for retirees and seniors: -[ndcpcndcnt livinb units -basically patio homes and apartments, for "younger" retirees who are physically well and active. These residents will have their o~vn cars, will come and go as they please, and will maintain outside interests; but they will be members of the retirement community 'and as such will have access to the health care facilities provided. -Assisted Livinb Center - a living center for more frail seniors, consisting of small apartments off interior corridors; in which a limited amount of assistance. is provided Generally sen-ices consist of reminders to take medicine, assistance with bathing and getting dressed, and the providing of food service. -Elealtl~ Ccntcr - a form of mini-hospital in which skilled nursing care is provided; residents arc generally partially or totally bed-ridden. -Ancillary Facilities -including: -A clubhouse or social center, in which there is dining, meeting rooms, activity centers. -A wellness center -Laundry and maintenance facilities The intent of a CCRC is that residents move into the Center, into independent living units, serierally in early retirement (generally about age 72),'and as they become increasingly frail over the years, they can relocate to health care facilities within the center (hence, "aging-in-place"). CCRC's promote social interaction (combating the reclusiveness that often occurs in old age) and promote wellness, agility, and independence; and it has been demonstrated that CCRC's enhance the longevity of residents, but far more importantly they enhance tltc quality of life of their residents. All residents pay monthly fees to the center, for providing and maintaining both the physical facilities and the health cart services. 58 ~ r~s~ i . ,. ' ' ~ ~ ~ . ~ a ~~ i , For purposes of the approval process foe the development, the Center is divided into two sections; , • ~'., ~ -Special Use Permit ,for the Assisted Livin Center and the Health Center acid ' ~ ~ ancillary facilities, and - ~ ' ~~ ~ Si ~ a ' te - Pl n Approval (submittal separately) .for the independent Ivin residential component of the Center. ' .~ As to the mcetinb of the Gcncral Requirements: Gcncral Rcquircmcnt #•1: The use will not materially endanger the public health f or sa ety if located where proposed and. developed according to ,the plan as ' • . submitted and approved. ; ~ There is nothinb about the proposed hcal'th facili"ties and ancillary facilities ' • that will harm in any way the public health or safety; in fact these facilities ' are designed a.nd intended specifically to proniotc healtli for the •residents • (and for the broader public, if State licensing will allow outside residents ' .' , to access the health facilities on afee-paying basis). r CCRC's are generally very low„ generators of traffic, because of tfle~- i ~ ,• res dential nature of the centers, and because of the frailty of a portion of ,~ ~ ; , the residents. Therefore; traffic impact is expected to be minimal. . '~ Gcncral Rcquircmcnt #2: The Usc meets all required,: conditions and'. '• . specifications of the Zoning Ordinance. ~ ' . ' ~ ~ The applicant seeks no variance' from the provisions of -the: Zoningg Ordinance. All setbacks and height restrictions will be adh d t . ere o. ` Furthermore, as part of the' Landfall development, the dcsign.~o'f all facilities will have to be approved by the Landfall Property ~Owncrs A i i h ,, ,: ssoc at on, w ose own standards arc very high. ,. ' N Gcncral Rcquircmcnt #3: The Usc will not substantially injure the value o,f tlic , . adjoining or abutting property or that the Usc is a public necessity. . ' The proposed health and ancillary facilities will not `injure surrounding property values for a number of reasons; • ` " • f • -The proposed facilities arc buffered- from adjoining property to the ' north by the proposed residential component of the Center (whicli ,~' will be the subject of a separatc.Site Plan application). ' - ~ ~ ~ -The proposed facilities arc buffered from the adjoining property to the i • west~by the wide E[owc Crcck flood plain, in which no disturbance ~ ~.. is proposed. i ,. .~. -To the south of fhe site tlicrc is Old McCumbar Station -Road, across which the land is currently undeveloped, it is partially wetlands; ',,~ and in part is the site of an old landfill. - -~# ~~ ~ ~ • _. 59 . ~ . ~- • .. . -To the ~' east of the site is the Landfall development, and this proposed use is designed to become an integral part of the greater Landfall Community. Landfall itself has numerous residents ~vho are retirees, and it is intended that Landfall will become a feeder community of residents to the Retirement Center. The proposed Retirement Center will thus truly enhance the value of the adjoining Landfall Development. -Furthermore, all building setbacks will be observed, natural landscape will be preserved where possible, and the Landfall POA will havc authority to approve the design of the facilities. Therefore, the proposed use (the CCRC) .will not harm the adjoining property values. General Requirement #=3: The location and character of the Usc 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 fo,r New Hanover County." As to being in harmony with the area in which it is to be developed, it has always been the intent of the developers of Landfall to havc a Retirement Center at this location of their property, and their greater site .plan has been so labeled for years. Furthermore, within the general location of the site arc residential uses of various types, including Landfall development, some mobile home parks, and various scattered individual single-family homes. A retirement center, of which these health and ancillary facilities would be an integral part, is compatible with these land uses. As to harmony with the County plan of dcvclopmcnt which calls for this area to be a "resource protection" area, this proposed use adlicres to every one of the politics for gro~~th and dcvclopmcnt contained in the Plan, including adhering to Wetland regulations, CAIVIA regulations, water supply, politics for fragile or hazardous areas, and policies relating to historical and cultural resources. COivCLUSIOiY I certify that all of the information presented in this application is accurate to tl~c best of my knowledge, inf rmation and belief.: Wi liam l-l. Hodges, Jr. Jo Yelvcrt Manager/Member General Manager Landfall Village Partners, LLC Landfall Associates ,~ 60 ~~s~ 3 `. -NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~'~: REQUEST FOR BOARD ACTION ' Meeting Date: 03/09/98 ® 'Regular Item #: 5H Estimated Timer 8:40pm ' ^ , ' Department: Planning Presenter: D. Hayes ~ , "Contact: Pete Avery SUBJECT: Special Use Permit (S-4.25, 2/98) BRIEF SUMMARY: . Request by Linda Robinson to convert an existing single-family dwelling located at 5414 Park Avenue into a child day care facility: The facility would accommodate up to 23 children. ~` RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning.Board recommends approval . FUNDING SOURCE: ATTACHMENTS:. ~ I ~.~ , ,' E ITEM DOES NOT REQUIRE REVIEW COUNTY MANAGER'S COMMENTS ANO RECOMMENDATIONS• ~ ' ,~~ . ; 4 • n COMMISSIONERS' ACTIONS/COMMENTS: ~ • y .. ~ ;~ ~ ~ I . ~- ~ ~ ,. , - - ,. - COtJNTY:COMMIS& i APPROVED ~ ~ ~ REJECTED Q y~ I - ~ ~ REMOVED D ~ ~~` I :.~: i POSTPONED D ,'~ ~ ~ ' HEARD 0 ~~ ~ ~ i ~. DATE ...•~~/.~~.. , . - •, 61 .~ .; 1 ~ ~ _ .. ~ a ITEM H ~' Special Use Permit- Request by Linda Robinson to Convert an Existing Single Family Dwelling into a Child Day Care Center. The structure is located at 5414 Park Avenue and would house up to 23 children. (S-425, 2/98) Planning Board Summary With little discussion. the Board voted unanimously (5 to 0) to recommend approval of the applicant's petition as submitted. There was no opposition. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The facility is already served by water and sewer. B. The property has direct access to a public street: C. The site is located in the Winter Park VFD district. D. There are no conservation or related environmental constraints. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. ~ _ .~ A. Child day care is permitted by special use permit in the. R-15 Residential District. The site is zoned R-15. B. Part of each side yard and the entire rear yard would be enclosed by six foot hiSh wooden fence. Outside play areas must,be enclosed by a minimum four foot high fence. C. The applicant plans to construct a circular drive to accommodate drop-offs and pick-ups. Access to the site must be such that pick-ups and drop-offs can be made without backins into the street. ' D. No off-street parking is shown. The minimum requirement is one space for each employee plus four spaces for drop-offs and pick-ups. E. The site plan calls for a fifteen square foot site identification sign. The maximum allowed by the Ordinance is twelve square feet for sites fronting collector or arterial roads. The maximum for all other locations is two square feet. 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. Adjacent land u~ses~consst rima~ril of sin le famil dwellin sand mobile homes. Other ~~s~,s:.9,ee~!Pr.~v~.,.Y 8 Y 8 uses located m the vi tlinit~y~in~lydedanother pre-school, church, beauty salon and bicycle shop,. i tlk$~i,~b~ ~9~w ~~~ 4. The Board must find th?zt+~fte~~l`oca'fion and character of the use if developed according to the plan as submitted andfa"pprovcd~will be in harmony with the area in which it is to be located and in gen;er,-ai~con,formity~with`~fplan of development for New Hanover Coun h' 6.2 No exterior renovations are planned for the. structure. The only site changes planned are the construction of a circular driveway, ofl;=street parking, and a fenced play area. . q ~ t ~. ~ .• -~ ~ ~ PETITION SUMMARY S~HEET~ ~r . ~.t a n ..; ..,' r .; _ , , .' ~` • ~ Petition~Number. ~5=4:25 ~ - r .: , ,; ~. '" Owner. Linda Robinson Representative Same .. - r . .. ,: .. Req .Child uest: ~ Day: Care (23) Acrea ~e• 41 . p . ~, .. .. ., g• ,~ . :. . '` . - , • . ~ . ,,. .5600 _ 5414 Park.. Ave. ~_. Tax ID Number: Location*• - ;~, . R ~, ,~ . r~, .. . ,. rF .. ,:.. r . . ,.:. I .., .. LAND USE, ZONING , UTILITlES~an~d~ SERVICES` ;~ ~ -: ±• -, , ~ . . . "Land Crssification:: ~ ~ ~ , Urban Transit-Qn ' ' ' ~ - , ,, _. .. - ~ ~ • Residential (.ones dwel-ling) `° Ezisti'ng Land~Use: - - : a ~: ~~^, .,. _ - ~ . ,. ..~ Z ~ ' . oning $is tory:.- Area oriQirially 7nnar~ T;,i,, i * ,i 4~~ ° `n t°- ~ ~.; .~ •" ;,:_ `, aarea to southeast .established in 1'990 " B-1 ~~r - ~'a- to~ n~rth~ - .. ,,. s -- w es tablished 19.73 ,. ~ ~~ - ° .s :., . . .. .: . ~ _ ,- A . ~ , ; .. , .. 1 .R ~ _ . a.` ° . ~.weT omm - ~ VVatcr Typc 1/c unity ty Scwcr Type coon +t ° ` k _ .~ Win.ter"Park .• .. -,~ - ~, ~ ~ Hu h: MacRae. ,' . ~ Pi're District: Rccres~tioa: ' Q _ i _, a ~: ,. `.Road Access: ~ .Park Ave Volume:` Unknown ~ • ~ .. ~ Winter Park' ~ . Sch'ool~ •~ District; _ r ~~ ~ ' ~ SCEL.LANEOUS PHYSICALCHARACTERISTIC'S ; ' u ~~ '. . '~• t ;VYatershed'and`~ater~Quality Classification ~ Hewletts CrPP°k"(~~A 1 ` • ~ ' * ~ `~A.quifer,.Rccharge Area: '°^ ~ Fr4inge of Primary Area . . . • Conservation Resources: done . `~ ~ - None ~ s°Historic Landmarks and Archcologicn.l Sit~a: ' ~ ~ . ... ' _. .. . ~, .-. ~,. ,. .. - . . ,.. - - ~.. - . •f ~ , . ~. ,.. '. d. Soil Ty ,c s and Clsiss: ~ N/A Site is developed r . ,. ., P ~) .: . b ... .~ - ~ ~ e . Scp ' ~ P1/A tic Tank ` - Su~tstb~l,ty - ~" + v, y . .. .. i1/A .., ~, Prime Agricultural Soils; ,. . ., . Building Suitability Site is developed .~ ,. , . -. ,.. .~ _ . .°, --e, _., . . ~` - -•. :: ,. _ .. ~ ... . . .. t. . ,. . b . .. - ,. Name of Applicant: ~~ Location of Property: Linda C. Robinson 5414 Park Avenue. Wilmington, NC 28403 The following are statements by. the applicant in response to the General Requirements, as requested: General Requirement plc The proposed use of the property will not materially endanger the public health or safety due to the fact that there are no environmental changes being made. The structure has been in place and occupied for the past 4 years and the only major change will be making a circular driveway. . General Requirement ~2: The~use does meet required conditions and specifications of the Zoning Ordinance as noted .on the attached sketch. Setbacks from the. property lines are at least 25 ft, as noted, and if approved., the insert of the proposed circular drive will suffice for parking. General Requirement ~3: Due to welfare changes being. made and many-more families having to have two incomes in order to provide for their families., it has become very necessary for our community to provide even more quality, yet affordable, day care facilities for our young children. However, there will be no major changes to the structure ocher than adding.a circular driveway and a small sign. The structure will continue ~to have it's .residential appearance, therefore, not injuring the value of adjoining property. The hours of operation would be 6:30 a.m. to 6:00 p.m., Monday thru Friday, thus, not causing any congestion that would upset the neighboring residences, most of whom work during the day also.. , General Requirement~TM4: The location of the proposed-plan is in an area which also provides to the community other small based businesses.. Within.the block, on Park Avenue, 'are a church., bicycle shop and .beauty salon as well as a pre-school. Some o,f these businesses actually face Wrightsville Avenue. We are located approximately within 2 blocks .of the Columbia Cape Fear Hospital to-which I feel is very fortunate for our families ,..that would be registered ...with our daycare facility, if approved, due to the fact that this would give our parents of such young children additional peace of mind should an emergency ever arise. Also the employees of Columbia Cape Fear Hospital may find the location ideal especially considering that they may visit their children any given time and that due. to the stress of some of their-jobs, they would feel better knowing their children were close at hand.and not all the way across town. I believe the above speaks for itself as far as the character of -the facility. --This-will be a small quality care facility providng•.for approximately 20-23 children n need of~caretaking. 1 This page intentionally left bl~rnk r 66 "his page i~rtentioflally .left black ~~~~ 4~~~~ +~ ~~~ 68 ~~ . ~ y P Y ~• ~ - ~ " ° ~~ .: - ~ CONSENT AGENDA ' _ . NEW HANOVER COUNTY BOARD OF COMMISSIONERS ° ' ~ °. 1vIAR CEI 9, 1998 ' ..; ~ ~ ~ ~ ITEMS OE BUSINESS .. - ~ .. ACE . ,, . .. .. , , NO. , t i ,~ ` _ . ... ~ , 1.. Approval of Minutes - ,71 1 . ~ ~ 2. ~ b Adoption of Resolution requesting road additions to NCD.OT 7, ~ ., Highway Sysaem Roads m Planters Walk Subdivision; Sections ,1-3 . ,: 3.' _ - ' Approva[ of'request for four deputy positions foi. the Custody Division, , 77 ' p Sheriffs Department . ,' 4. Approval of County management of the Urban Forester position under. 79::; • " Cooperative Extension Service` ..~. .... ,. 5. ° Approval of award of bid #9$-0261 and a royal of contract ~ - ~ PP 98 0_61 , g l to Eastern Technology Associates, L:L.C. for upgrade to computer ~. , . -. . system for-the Department of Social Services .. . .: 6. ;: Approval of EZ-LSTA grants for basic equipment for Ne~~: Hanov'er~ ~ Public Libraries 83 • ~ . , . :7• ,.. ,:. .. APProval of Budget Amendments: ~ ' _ ~ - ~ - • - ~' ° • ~ 71 €#98=32 to budget part of the interest earned on the Schools 89 , ° Capital, Improvement Fund 7.2 #98-33 to increase. budget for contribution from Optimist Club for 90 v one-half anticipated costs of a,storage building .for the Market Street ' F fields at Ogden Park " , .. o . 7.3#98-34 to. increase budget for additional revenue .received February ... 91 : ' 24,1998.. Federal Forfeited Property Funds. are budgeted and received ~ •- `" ' ' - _ and must be used for lawenforcemcnt activities as the Sheriff deems ~ - -- , ,necessary ° - i. , .. _ . 1 .. . . ~ , 69 • ,: E . . - ITEMS OF BUSINESS PAGE NO. 7.4 #98-0123 to increase budget for additional allocation of grant 92 funds received for the Senior Center. These- funds must be used for salaries. 7.5 #98-0124 to increase budget for grant awarded from the NC 93 Department of Correction. Approval was authorized at the 10/6/97 Commissioners' meeting. 70 This page. intentionally left blajzk ~7 t~~~; , °.'~ a ~'~~ ~ r ~7~^~V ~~~~~~ ~. e NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PET1TlON North Carolina County of New Hanover Petition request for (check one): Addition to State System ~C ) Paving ( ) ,• Maintenance Improvement We the undersigned, being property owners on See Attached List ~~4r1 ~-t~S L,~alk s~.bd'~~;soK (Describe or give local name or Secondary Road Number) in New Hanover County do hereby .request the Division of Highways of the Department of Transportation to .add to State Svs tem '~ the above-described rcad. We further advise that the road re nested to add is See Attachecirniles in length and at the present time there are a~~achedccupied.homes located.on,the road and having entrances into the road. ' Finally, we agree to dedicate to the Division of Highways aright-of-way of the necessary width to construct the road to the minimum construction standards required by the Divisior of Highways. This right-of-way will extend the entire length of the road that is requested to be improved and will include the necessary areas outside the right-of-way for cut and fill slopes and drainage. Also, we agree to dedicate additional right-of-way in the public road intersections for sight distance and design purposes and to execute said right-of-way agreement forms that will be submitted to us by representatives of the Division of Highways. REMARKS PROPERTY OWNERS --... NAME MAILING ADDRESS ~ TELEPHONE The Division of Highways should contact the first petitioner listed below: Dallas Harris Real Es'tate`Construct"ion Inc. P.O. Box 531, Wrightsville Beach, NC ~~ ~~-'~~~t~~ ,~~ ~,,~j~ (910) 686 3622 rp` 1~Ry., tp'~ t 4a1 ~~ t :.fk..:~J~ V~d~'## oaa v~~~avov• ~^.-,~~IT~ u' 2840 FF~ ~ p 1998 Revised Form SR-1 (5-83). All previous forms obsolete. 'E3; v~;"wu~ ~~ .c~,~ Four copies of recorded subdivision plat enclosed if applicable. . _ . ;. ,~_ , . t , .. ~ _ ~ ~ ~ h . `~':PETITION;TO ADD STREETS TO STATE SYSTEM _ .. .t .. , ...- . f s .. . ~___.;.- nceu~t~Q ~H~ St~BE~~~X[5[Q~f S~'R~" I~AA~E , ~t~vt~5, c~~; Q R lk~::: , '~ ' -: ~ - .: r 1 Planters- Walk, Section 1 ~ Ragland Court ~ ~ , ` 10 ~ ~ 0.061 mi{e ~. ' . ~ Map Book 36 ,Page 122 ~ ~ Putnam. Drive ~ :~. 9 ' ~.- 0.2Q5 mile ;. o -~ >~ ; ~ ~ ~ Robmar Court ~ ' 9 " 0.053 mile' . ` . Jacksboro 0 0.033 mile . ~ . , .. .. .~ . ,. . ~ ~ ~ Planters Walk, Section 2 Putnam Drive . 12 ~ t ~<0.389 miles ` :Map Book 35 , .Page 346 Saginaw Court 6 ~ . . ~ 0.042 miles,.: - ~' Medallion Place ~ ~ ~ ~ 8 0:066. mi s ~ ~: .. .. . - -. Ceritallion Court` .8: ... . `0.048 mites 4 .. .. . - - ,. . ,_ ~. ~ ~, _ . , ; ~ . . ~, . . . ~ . ,. • .~ ' ~ ~ .~ Planters 1Nalk; Section 3 ..k .. Ottawa Court ~, '° ,. ~~ '.10 0.075 miles . , ., :Map Book 36 ,, Page .346 ~ _ , ~ . , . ;i , . ,E .. - ,E. . I : . .. .' S r ... 4, ~ ~ . P,. I . ~~ Y ~ i .: [ .' '. _.. . ., .. . .,. .. na - .~ . ~. .: .~ ~ . ~ a-ate. .~ .v v _ {a t -.... ~ ~ ..-. .. ,. ... .' ~. ~ , .. ~ f - r w .:~ Y.. .: .. ,,, .. ., _ . . .~ i~.. . •. . y '.• . ~ .. ~ e w, .. .. ~ .~ •14 v r • ~ •. .. . ~ .. . .. .'. e. -' • ' '. .. . ! .. - ~. ~ - . r 1 _ £? ; ~~ ~4 c ~ ~ 4 - ~ 7 ' 4 3~ ~ ~ •aw : . - . a , ~ ' .. y ., L q~ ~ Y •v4 ~. . '~ r.. a 1 _ Y . i - _ . ~ h ~ ~. 1- .. y ~ r'. ~ . -. . 6 . -' ' x " : R . 0 .~ ~ ~ ~. ., .. . .: . -~ h . r , :. '. ,'. - : ' ~ ~ .: ,. _ a ~ ~ , , . u .. r - ~ e . ' - + .. . ~ .. „. '. F, . . , .. . . n a . , . , ~75 _ ~. .. . This page ijltentionally;left blank 76 ,. ~. ,.. t : , ° h ~ .~ .. ,.. ,. , . ~ _ . ~ -~ ., ,. _ _ . -~ ~: , :. NEW HANOVER COUNTY'BOARD~OF~COMMISSI,ONERS ~~ ~~.: ~' REQUEST FOR BOARD ACTION ', . ; . Meeting Date: 03/09/98 ~ - - t .. .~ - 'Consent Item #: 3 . Estimated Time: ~ ,• ~ - ' = , ,. ° Department:.. -Sheriff Presenter: Sheriff J. McQueen,. Jr ~ _ ~~ - . ;{~ f ..' `' .. , ' ',` , .. Contact: Capt. J. S. Smith ,; , .: , ., T. .: - ,~ e , _. .. ~: • ' ~, . . • ~ ,.. ~- .. ~_: SUBJECT:., .. ~ . , . Request for four. deputy positions for the Custody Division :. ,., °$RIEF. SUMMARY: ~ ~ .. •, , _ , .~ .' ~ ~~ The number of persons being booked in and out of jail has risen with the population. There are.no longer ~ . any substantial slack periods in the booking process. The process requires at least two deputies: Curreritly, there is a Booking Section which works Monday through Friday, 8 am to 12 midnight. Early 1. ., .. .., ,. morning and weekend hours:must be covered by the squad on duty. When squad members are off,'sick; ~. or in.trairiing,: their ability to 'effectively monitorjail functions is reduced. _ ~ .. ' ... ,,~- ~ Along with the increased jail population, there, has been a substantially marked increase of courthouse ' -~• activity. There~are~currently-ten b"ailiffs serving the court system. Movement of inmates to and from district ' • ~~ and superior courts has occupied all-their time. Off-duty deputies from~other divisions within the Sheriffs ' Department are often used in overtime'status to .augment. staffing, ;particularly when extra courts are in . • ,.. , . • session .. - ~ ~.. The increased usage of the courthouse has brou ht several re nests ~ ~ ~ ` . .~ `,~ g from eo le workin -m the bud q P P 9 ding.... _ ~ to have a deputy check in the offices periodically and be available in an emergency. There is little time rfor , ' the bailiffs to do consistent checks within the courthouse. RECOMMENDED MOTION AND REQUESTED ACTIONS- ~ ~'•' ' ~ Recommend approval of four (4) deputy positions, and budget Amendment #98=0128. ~• _ ~ , .FUNDING SOURCE: _ s .. ,,. . • .. , Generate Fund Contingency-$45,03,9. , ;~ :_. -:ATTACHMENTS:.. ~ ~ . , .y . .. o . . .. ,. ` ,: ' . ~. . _ ,, ,. . .~ , ~... . - ,. REVIEWED BY: LEGAL: NIA FINANCE: N/A B ' UDGET: NIA HUMAN RESOURCES: N/A ' . ` _ ... COUNTY`MANAGER'S COMMENTS AND RECOMMEND'A_T.IQNS •r~~~,~, .. Recommend approval of additional positions and associat ~d~budget amendment #98-1,028. ~Y, . ~. ~Couw'~ ca~a~als'~o ~ , MISSIONERS' ACTIONS/COMMENTS PP QV~fAr ~ `. 1 RE.tECTE©y . ..... ~ ,..: .. 4Yr. POMOV fD~~r© .,. Y 7 D ,- - ~ STPQ ~. _ ~~ .~ . ° ~.:.~;~: HEA RD ~ ~ ~ - ,. _ . . Cl . .. , . ,. ~,..; l ,,, r ., ~.. . . NEW HANOVER COUNTY BOARD OF COMMISSIONERS "~ ' REQUEST FOR BOARD ACTION Meeting Date: 03/09/98 Budget Amendment DEPARTMENT: Non-Departmental/Sheriffs Department/Jail BUDGET AMENDMENT ~: 98-0128 ADJUSTMENT ~ DEBIT ~ CREDIT ` ' Non-Departmental: ,, Contingencies ~ 545,039 Sheriffs DepartmenUJail:, v Salaries 8~ Wages ~ 529,009 FICA 52,218 Medicallnsurance. ~ 54,720 Uniforms ~ 59,092 ' EXPLANATION: To transfer funds from Contingencies for four Deputy Sheriff positions for the remainder of the fiscal year. With approval of this budget amendment, the remaining balance in Contingencies will be 5142,150. APPROVAL STATUS: To be approved by Board Of Commissioners 78 . ~ _. . ' NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION . Meeting Date:.03/09/98 Consent Item #: 4 Estimated Time: Department: Cooperative Extension Service Presenter: C. Bruce Williams, Ph.D. Contact: C. Bruce Williams, Ph.D. ~. SUBJECT: Approval of County management of the Urban Forester position under .Cooperative Extension Service BRIEF SUMMARY: Funding in the amount of X10,000 for a portion of the Cooperative Extension Urban Forester -Extension Agent was appropriated in the 1997-98 County budget. The position is funded 50% by the City of Wilmington, 25% by North Carolina Cooperative Extension, and 25% by New Hanover County. It is recommended that the position be handled directly through New Hanover County Human Resources as a County.position.just as current Cooperative Extension Agent positions are handled. The result would not increase the level of funding or cost the County any additional funds. Advantages to managing the position this way would include greater control and efficiency, and would result in handling all Agent positions in a.consistent manner. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend the Board authorize the County to manage the Urban Forester position similar to the other ,, Agent positions as a County employee, with no additional cost to the County. fUNDING SOURCE: New Hanover County Operating Budget -Cooperative Extension ATTACHMENTS: .REVIEWED BY: ~ . LEGAL: App FINANCE: N/A BUDGET: N/A HUMAN RESOURCES: App .~. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: Recommend approval, COMMISSIONERS' ACTIONS/ OMMENTS: COUNTY COMMISSIONERS APPROVED ~~ REJECTED D . ~~ REMOVED POSTPONED 'O . HEARD O ~ 7 g '. DATE __.~, Tlzis page ijttentionally left blank ~~~~ 8 0 ~ ~~~~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ' Meeting Date: 03/09/98 Consent Item #: 5 Estimated Time: . Department: DSS Presenter. Contact: Amy Akiri SUBJECT: • Award of Bid # 98-0261 and approval of Contract # 98-0261 to Eastern Technology, Associates, L.L.C. for upgrade to computer system for the Department of Social Services. BRIEF SUMMARY: .. Attached is a resolution awarding Bid # 98-0261 to Eastern Technology Associates, L.L.C., the only . responsible bidder, in the amount of X90,950.00 forthe upgrade of the computer system for the Department of Social Services. Contract # 98-0261 is on file in the County Manager's office. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends adoption of resolution: 1'. Awarding Bid # 98-0261 for an upgrade to the Social Services Department computer system to Eastern Technology Associates, L.L.C., the only responsible bidder in the amount of 590,950.00. 2.: Approving contract # 98-0261. '. • FUNDING-SOURCE: County funds are appropriated and budgeted for this item in account number 110-530-5310-6400. ATTACHMENTS: . 98-0261.wp REVIEWED BY: • LEGAL: Approve FINANCE: Approve BUDGET: Approve ~ HUMAN RESOURCES: N/A COUNTY MANAGER'S COMMENTS AND RECOMMENDATI Recommerid approval. .Y COMMISSIONERS' ACTIONS/COMMENTS• . rn~ rn~ ~ y COMMISSIONERS ~JED ^• F~.~~:C T ED p RCi~70VED D . POSTPONED 3~23~.. $ Q HEARD ~,~7 r% (~ DATE .~/_~~ ~~.___-- RESOLUT[ON OF THE BOARD OF COIV[NI[SS[ONERS OF IYEW F[ANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly.opened by the Finance Department at 3:00 p.m. on the 17th day of February, 1998, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bid was received for an upgrade to the Social Services Department computer system, Bid # 98-0261: Eastern Technology Associates, Inc. $ 90,950.00 AND WHEREAS, the Social Services Director, the M.[.S. Director, the Finance Director, and the County Manager recommend that the contract be awarded to Eastern Technology Associates, L.L.C., of Wilmington, North Carolina, the•,only responsible bidder, in the amount of Ninety Thousand Nine Hundred Fifty Dollars ($90,950.00); AND WHEREAS, funds have been previously appropriated and are now in Account Number 1 10-530-5310-2000-6400 to cover this contract; NOW, THEREFORE, BE 1T RESOLVED by the Board of County Commissioners of New Hanover County that the contract for the upgrade for the Social Services Department computer system, Bid # 98-0261 be awarded to Eastern Technology Associates, L.L.C.. in the amount of Ninety Thousand Nine Hundred Fifty Dollars ($90,950.00); and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 9th day of March, 1998. (SEAL) Chairman, Board of County Commissioners ATTEST: Clerk to the Board /o ~,1... ~t'"~'~,' ' `~'" d._ • ~t t~ ~~;~~ 82 ~ ~~~~~~~~~ • ~ ~~ •• .. »NEW HANOVER COUNTY BOARD OF COMMISSIONERS • „ _ REQUEST FOR BOARD ACTION - " Meeting Date: 03/09/98 • ` r` Consent Item #: 6 Estimated Time: ` Department: Library Presenter: • • Contact:.David M. Paynter ; ~. . .. ~ ~ _ SUBJECT: _ EZ-LSTA Grants for Basic Equipment .. , BRIEF SUMMARY: .The New Hanover Public Library is requesting authorization to submit a grant for 59.294 for five PC's to • provide the public access to the Internet and NC LIVE, Carolina Beach (1), Plaza,East (2), and Myrtle Grove (2) brandies. This grant requires no match. Estimated costs: • 5 PC's at S1602 ea. $8010 • . 2 Printers at 5642 ea. 51284 - ~ ~ ~ ' . .• , . ~ RECOMMENDED MOTION AND REQUESTED ACTIONS• Approve application for grant, and if awarded; grant agreement and associated budget amendment.. • FUNDING-SOURCE' .Library Services and Technology Act (federal) ATTACHMENTS: • . ~ • Grant Application..,, i ~ •. . ~ ~ •• '(Budget Amendments will be sent at a later date if grant is approved by the State- Library). Ezlsta.wp REVIEWED BY:. .. • LEGAL: FINANCE: Approve BUDGET; Approve HUMAN RESOURCES: • COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: i, ' Recommend approval. ~ ~/ i COMMISSIONERS' ACTIONS/COMMENTS• •. _: ,. ` ~ .., COUNTY COMMISSIONERS APPROVED [~~ , . . REJECTED O , I ' .. ~.. ~ REMOVED . ~ POSTPQNED D HARD 3 ~ •. - ~ e . ~ - - _~~ - .~ .. State Library of North Carolina Department of Cultural Resources EZ-LSTA GRANTS FOIL BASIC EQUIPMENT 1998 APPLICATION POSTMARK DEADLINE: March 20, 1998 (Send 5 copies, 1 with original signatures to: EZ-LSTA Grants for Basic~Equipment, Library Development Section, State Library of North Carolina, 109 E. Jones Street, NC 27601-2807.) 1. APPLICANT LIBRARY: New Hanover County Public Librarx 2. MAILING ADDRESS: 201 Chestnut Street. Wilmington NC X8401 3. CONTACT PEI2SON/TITLE: David M. Paynter. Director ,. 4. PHONE (910 341-4389 FAX X9101 341-4357 E-MAIL httn=//www.co.new-hanover nc us/lib/libmain htm S. GRANT REQUEST: Total grant amount requested (maximum $10,000) 59,294.00 To complete this application att:~ch project budget p:~ge (items #7 and #8), and pages ~vitl~ responses to items #9-11. G. CERTIFICATION AND SIGNATURES: We are aware of, and agree to comply with, all state and federal provisions and assurances required under this grant program. If awarded grant funds, we assure that we will carry out the grant project according to the approved grant proposal. This application has been duly authorized by the appropriate authorities of the applying institution. David M. Pavnter Type name of library director Type name and title of other authorizing official (local government'/ institution representative) Signature, Library Director Date ~ ~i~k~~~ ~~ YYtfIl1~~ SLNC-2/98 ~ ~~ Y'~~ ~ ~~~ 84 ~. ~ ~~ ~~a,~ Signature, above official Date ;~: ~ ~ ~ . . Applicant -New Hanover County Public Library ~ ~ - ` ~ 7. -BUDGET: ` Unit ~ Total uanti ost ost • a. Personal Computers ~_ . 1602 10 - .- 80 b. Modems ~, , c. Printers .. 2 42. 184 d. Other Computer 1Elardwarc 1 < 00> .~ f. Furniture . g. Installation wiring/other , j h. TOTAL ESTIMATED COSTS (total of a.-g. above) q~_9:1 0~ Costs exceeding the maximum grant amount of $10,000 must be paid from local sources. _ ~ • 8. BUDGET EXPLANAT[Oi`1: Provide a brief description of all equipment that will be purchased (hardware specifications, type; models, etc.), specific affiliated software packages, and explanation of any installation costs: ~ ' The five PC's we are requesting will provide public access to the Internet and NC Livc at our Carolina (1), Plaza East (2), and Myrtle Grove (2) branches. Currently, we have staff access to the Internet at the ivlain Library, but no branch access. The larger branches will have a network printer each. All branches will use. CARL software as the user interface. An additional hub will be needed aC Plaza East to install the PC's. This will be paid out of local funds as will the printer and CARL, software. All PC's meet the minimum configuration for new purchases.established for NC LIVE. - ~ - I ': - EZ-LSTA GRANTS FOR BASIC EQUIPMENT 1998--APPLICATION ~ ~ .~,. 2... ' j 1 ~ • ~ 85 j • ~.m ~ ~ • -- . ~ Applicant New Hanover County Public Library 9. USERS AND RESOURCES: A. Complete the appropriate grid below to show the number of eligible library users, indicators of actual library~~' use. u Public Library applicants complete this grid. (Source "North Carolina Public Library Statistics, 1996/1997" found at <htip://statelibrary.dcr.state.nc.us/Id/plstats9697/plstats9697.htm>) Legal Service Population 143,430 fuse Table ll Library Visits Per Capita ~ 789,14? (Use Table 7a) Academic and Community College applicants complete this grid. (Source: Statistical Abstract of Higher Education in North Carolina 1996-97." University of North Carolina April 1997.) Total Enrollment, Resident Credit Headcount Enrollment, Fall 1996 (Public and private academic institutions use Table 2, pp. 6-8.) (Community colleges use Table 6, p. 18, Total Curriculum Resident Credit Headcount Enrollment.l Gate Count in a Typical Week, Fall 1996 (Library Services) (Use Table 54, 113-115) B. Public Access Personal Computers. (Al! Applicants complete [his section.) ` Numbers of computers in the library system providing public access to the Internet, and the number of computers that you propose purchasing with these grant funds. 1) all (#) personal computers providing public access to the Intemet that meet or exceed the minimum NC LIVE TAC standards for exislrng hardware* 6 fSee Attachment Al 2) # of personal computers providing public access to the Internet that are 6 Pentium/eouivalent 100 MHz** or higher 3) # of public access personal computers proposed for purchase ' S with this rant *public access personal computers installed nn Hider nr hnrlnPiPri fnr FV Q7/QR ** recommended minimum speed for use with multi-media applications. "Network-Ready Workstations", Tl~c North Carolina Instructional Technology Plan; Guide: Technological Recommendations and Standards, October 199G. C. Are connections (e.g. modems, phone lines, LAN/dedicated network), available for the.additional personal computers you wish to purchase? ~ Yes, already available, and/or Budgeted - D. Libra~~annual materials budget for Print & electronic information resources $ 25 000 EZ-LSTA GRANTS FOR BASIC EQUIPMENT 1998--APPLICATION 3 . ~ Applicant New Hanover County Public Librarx~ •- ,~ . 10. NEED:' _ • Present convincing evidence that the, library's current resources are or will be inadequate to provide an • acceptable level of public access to the Internet and the World Wide Web. (Use. orily space provided below.) • - ~ ~ ,. ,,, ~. We are requesting PC's in order to provide access to NC LIVE and other electronic resources at our branches. Currently only staff have access to these resources at our branch locations. . Public.access is available at the • Main Library. In 1997 over 123,000 visits were recorded at our Myrtle Grove branch, 1 1 1,000 at Plaza East branch and nearly 25,000 at the Caro'liria Beach branch.' While-small in physical age, (7;000, 3,800, 2,200 sq. ft. respectfully), these numbers indicate a heavy use of branch facilities by the public. This contribution of small `~ size and heavy use argues strongly for the increased availability of electronic resources. Through NC LIVE and individually purchased products, the reference capacity of our branches will be greatly increased: This is • essential for the New Hanover County Library as our population continues to move away from the do~~~ntocvn - Central Business District. Our plan is to place two public PC's and a network printer at Myrtle Grove and Plaza - East and one PC and printer at Carolina Beach. 'Once .this is accomplished we will have made. asignificant-stap in equalizing the availability of reference services system wide.. ,, . ... 11 ~ - ., . TIiY1ELINE FOR PROJECT: • PList the sequence of project activities with expected complete dates: Remember'to accommodate institutional ' approval process and grant program deadlines. (Use only space provided below.) ~; .. February 24 Submission to County Manager . ' ° ~"March 9 ~ 'Commission approval for grant , ' - 'March 10 `. A lication sent to NC State Libra - PP ry • April i 5 - • ~ Grant award announced - ~ ' April 22 Equipment ordered - - _ . June 1 ~~ Equiprent delivered and installed- June 19 Invoices paid and sent to State Library for reimbursement, ' ` ~ S'eptember 1 1 Report sent to State Library ~ • • .. ,. ~' . ' '' ~ ~ . ~, y ., i ~: • EZ-LSTA GRANTS FOR BASIC EQUIPMENT 1998=-APPLICATION y 4. I 2S0 copies of this public documentwere printed at a cost of S l OG, or 42.4 cents per copy.. ~ ° ~ .. i .• 87 ` ._ ~i This page intentionally left blank 88 °. - ~ REQUEST FOR BOARD ACTION Meeting Date: 03/09/98 ~: Budget Amendment Consent Item #: 7.1 Estimated Time: DEPARTMENT: Finance ~~. BUDGET AMENDM - ENT #: 98 32 ^ ' ~ ADJUSTMENT DEBIT CREDIT Schools Capital Improvement Fund Interest on investments 5165,000 . Capital Project Expense $165,000 .. . ,, i1 ~: .~ ~. 1 ~ , 1~ I ~ ~ _ , 1 ~ - EXPLANATION: To budget part of the interest earned on the fund. (The fund has earned in excess of 52.8 million; the remaining amount earned will roll into the Schools' fund balance to pay for -debt service or other capital projects.) This is to restore funds that were spent for the 1994 County related bond costs. APPR01/A~L~S~TA`TiUS ~9~ '~ ~~" COMMISSIONERS ~.~ cam' , ~ COMMISSIONERS',AG~TIONS/COMMENTS• .. ,: ~ < ~ 'Sid v a~.,a,e~-~-rr ~iy POSTPONED ~! 8 9 .: HEARD C "~ J .. '; , +'~~~ ~ DATE ....~~y.~ . ~~ .. .. r ~ ,. ... ..__ y~ ,~ I NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/09/98 Budget Amendment Consent Item #: 7.2 Estimated Time: DEPARTMENT: Finance BUDGET AMENDMENT #: 98-33 ADJUSTMENT DEBIT Parks Capital Project Contribution from Optimist Club 57,000 Other Improvements CREDIT S7,000 EXPLANATION: to increase budget for contribution from Optimist Club for one-half anticipated costs of a stoca,ge~buildmg•for the Market Street fields at Ogden Parf~ C ~,t3UN1Y COMMI ONER,S APPROVED APPROVAL STATUS: To~be approved by Board Of Commissioners ; ~~A~AISSIONERS' ACTI,O.NSlCO.MMENTS: ~~M 4 W,~ ++warw~r~ . c~v, ~~~ Q '~ f , Wp ~. _.~ _ .. ~~' DAB 3 ~~~ -~ u t t i NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION ' Meeting Date: 03/09/98 . ~ Budget Amendment Consent Item #: 7.3 Estimated Time: DEPARTMENT: Finance BUDGET AMENDMENT #: 98-34 ADJUSTMENT Federal Forfeited Property Capital Project Federal Forfeited Property Capital Project Expense DEBIT CREDIT 8136,752 ' b136,752 ~ ~~ EXPLANATION: to increase budget for additional revenue received 2-24-98. Federal Forfeited Propy~f ndsjga~r°e~b,~udgeted~as .received and must be used for !aw e.nfforF menu activities as the Lt~VtV t Y I U~A1~1~J1Ul~ itl Sh i " " er ff deems neces sa ry. `~ '~ ° . t "" ~ !~ ~~~~ APPROVED L~ qr ~cCTED Q APPROVAL STATUS:' Tokbe;approved by Board Of Commissioners-. ~~t~ ~. ~ ~ ~~~~ REMt3VEQ O x 91 ~ ~~~~ ~OSt~ rn NED ' _;^--~ ~i~ HEAaD r DATE 31 ~ I ' ( _~f_ ~ ~~~~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 03/09!98 Budget Amendment Consent Item #: 7.4 Estimated Time: DEPARTMENT: Finance BUDGET AMENDMENT #: 98-0123 ADJUSTMENT Aging-Senior Center CDBG-Social Grant Salaries DEBIT $6,757 CREDIT $6,757 U EXPLANATION To increase budget for additional allocation of grant funds received for theSenior Center. These,funds„must.be used for salaries. (`,Q~11~'~MIVI~ONE~J APPROVAL STATUS: To~b %+~ap!~p,~~Sryoved by Board Of CommissionerG~C~r ~ ~+} ~t~~~ir" ,LGii iI ~ a 1. _. REMOdE© t3 ~I~MISSIONERSiCACTI'O~N~SGCrOMMENTS: ~~ i~STPON~D t3 ~~' HEARD DATE ~'P~'~ ~~~ ~- ~ fY .....,~. t}..:dY~~aJt~Y-~' ~~r~~~ <" ~' k ~:~ 03l06f.98::10;02~;PAh'.'...::._:°.._°....:,'~`~'=:::~: :::<>: ~: ~: ;~:-:`; ::•` ~:~< ;-;~ To: Commissioners, Allen O'Neal/NHC@co.new-hanover.nc.us cc: Lucie Harrell/NHC@co.new-hanover.nc.us, Carol Barclay/NHC@co.new-hanover.nc.us, Wanda Copley/NHC@co.new-hanover.nc.us Subject: DSS Budget Retreat I attended the budget retreat with DSS this afternoon and thought you might like a little review of what was talked about. I was surprised that no press was there the whole afternoon. From a pure dollar standpoint the increase in county $5 in the requested budget will be about $2.8M. Some of the significant increases are in the following areas: Work First 5968,000, Foster Care 5182,000, Medicaid 5562,000 and Special Assistance 5162,000. Child support services is an area of special concern for the DSS, they believe that in order to do the job as it needs to be done they need additional staff. 'This area normally is an area that covers the cost of operations. Conservatively, it is estimated the program with the additional staff will have revenues over expenditures by about 517,000. They heard a proposal from a firm that is willing to take over the program, hire present staff and return 575,000 to the County. I know that sounds very enticing, but, if they can make that kind of promise, we need to make sure it is the right step. More will be coming from the DSS staff to their board before any recommendation will be coming to you. Chuck Harris with Children's' Services Section (Child Protective Services area) also was in attendance and talked about the things going on in his area. It was very. interesting, and I hope you will hear a lot of the same information on Monday night. Kevin FitzGerald is Chuck's boss. Well, that's it for now - have a great weekend. See you Monday. ~. , " " ~ C e Fear Coast Convention ~ Visitors Bureau " .. - North Carolina's Historical Coast ~ - ~j . ~ - .. :~~,ghts ~IJIe ,oh~a Beach • c~. . Inzrngton_ ~ each . G~~ Kure Bey' .. ~ - February; l-3, 1998 ~ .. Mr. Allen O'Neal .~,.:%:~" ~ " New Hanover County Manager '~ ~ _~ ~;~ _ 320 Chestnut St. ~ .~ ~ . . Wilmington, NC 28401 _ ~ ~ ~ - E, ' Dear Allen: ,, < ; ,. ~,t,,c; ~ ,~ _ - ~ ~ t~* s j ~ 4sr '~` ~ r Marketing activities are under way-for the start up. of our ne~~~.. au-' service from Dulles- _ Washington. We have a tentative'schedule for tte print and radio, advertising to begin , 'about. February 23rd. I will fibe meeting again with;theu:marketYrig/sales public relations . - staff to `schedule a sales and mediae-blitz to further impact the radio and, print advertising. ,. " " , ~ We invite New Hanover Courity~to partner 'wrtfi us and the Chamber: ~We will also be inviting the City of Wilmingt~on_ao partner with us in promoting the new air service from . , Dulles which is a key feeder market for travel andtounsm. Your participation will help -; assure our successes ;~~ 4 - ,t ~ ~ ~ ; Each partner is contributing $2,500 ~aoward this endeavor" and our total sum will`,.be . matched with marketing funds from the ,aulines We,`are anxious to resolve the funding . . amount before.we confirri and commif'our.. ads~and marketing initiatives. ,4 Please give our request"'serious °consideration for it is through the creation of a cooperative spirit and. partnerships that many positive developments and economic benefits can be obtained for everyone - " incerely, E r - , . ~• ~• r' . - ~ dith A. 1 . - resident/C O .. .. i . . 24 North Third Street • Wilmington, North Carolina 28401 • 1-800/222-4757 • 910/341-4030 • Fax .910/341-4029 Email: infoC~cape-fear.ne.us /.Web: http://www.cape-fear.nc.us .._ •' , ' ~` J~ ~ ~ ..