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HomeMy WebLinkAboutAgenda 1997 09-02AGENDA t ~~,N04ER CD ~ •Y t * ~* ~~FMORTNO'~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Courthouse 24 North. Third Street, Room 301 ~ _ Wilmington, NC ROBERT G. GREEK CHAIRMAN • WILLIAM A. CASTER VICE -CHAIRMAN BUZZ BIRZENIEKS, COMMISSIONER • TED DAVIS, JR., COMMISSIONER • CHARLES R. HOWELL, COMMISSIONER ALLEN O'NEAL. COUNTY MANAGER • WANDA M. COPt.EY, COUNTY ATTORNEY • LUCIE F. HARRELL, CLERK TO THE BOARD ' September 2,1997 6:30 p.m. ' MEETING CALLED TO ORDER (Chairman Robert G. Greer INVOCATION PLEDGE OF ALLEGIANCE NON-AGENDA ITEMS (limit three minutes per item)' APPROVAL OF CONSENT AGENDA ' ESTIMATED _ TIMES ITEMS OF BUSINESS r~~ 6:30 p.m. 1. Consideration of Proclamation of Senior Retiree Appreciation Week September 7 - 13, 1997 6:40 p.m. 2. Consideration of Resolution Requesting the Federal Emergency Management Association (FEMA) Consider New Hanover County/Wilmington as Pilot Disaster Resistant Community 6:50 p.m. 3. Consideration of Approval of County Fire Services Improvement Study 730 p.m. 4. Public Hearings: ' Public Hearing= on Bond Order Authorizing the Issuance of $125,000,000 School Bonds of the County of New Hanover and Bond Order Authorizing the Issuance of $38,300,000 Community College Bonds of~the County of New Hanover 8.:00 p.m. Item A: Rezoning -Request by A. Wilson to rezone 13.14 acres ' at 7751 Mazket Street to B-2 Business from R-15 Residential (R-607, 8/97) ,. 8:20 p.m. Item B: Rezoning -Request by H. Stovall to rezone 1.94 acres 29 at 116 and 120 Giles Avenue on the north side of Oleander Drive to B-2 Business from R-15 Residential. (Z-608, 8/97) (~ 8:30 p.m. ~ Item C: Special Use Permit -Request by Linda Mitchell to provide 35 L_ an in-home child day care service for up to 12 children in an existing dwelling at 126 Disney Drive. (5-411, 8/97) 8:40 p.m. Item D: Special Use Permit -Request by Cinnamin Herring to 41 convert an existing dwelling at 110 Elisha Drive into a child day care center for up to 25 children (S-412, 8/97) 8:55 p.m. Item E: Special Use Permit -Request by GTE Mobilnet to 47 construct a 150 foot monopole at 5501 Greenville Loop Road on the site of an existing CP&L electrical substation. The property is zoned R-15 Residential (S-412, 8/97) 9:10 p.m. Item F: Subdivision Text Amendment, Continued Item - 61 Consideration of a proposal to allow the County to enter into local agreements with the City of Wilmington for the construction of roads whose costs are funded by developers. (A-282, 6/97) 9:20 p.m. Item G: Zoning Text Amendment -Request by staff to 65 change the appeal period in accordance with NC General Statutes to two months from nine months regarding causes of action challenging the validity of the Zoning Ordinance or amendments thereto 9:30 p.m. Item H: Zoning Text Amendment -Request to modify the 67 conservation overlay district regulations by adding "cemeteries" as a category under conservation resources. (A-285, 8/97) 9:40 p.m. 5. Meeting of the Water and Sewer District ADDITIONAL ITEMS: County Commissioners County Attorney County Manager 71 10:00 p.m. ADJOURN u i i i i i MEETING OF THE WATER AND SEWER DISTRICT ~~ ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 ~~ SEPTEMBER 2,1997 ITEMS OF BUSINESS 1. Non-Agenda Items (limit three minutes) 2. Approval of Minutes 3. Consideration of Award of Contract #97-043A; Contract #970423D Motts Creek Lift Station and Interceptor Adjourn CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS SEPTEMBER 2, 1997 ITEMS OF BUSINESS 1. Approval of Minutes a 2. Approval of tipping fees to be waived for the trash collected for the Big Sweep annual cleaning of beaches, Saturday, September 20, 1997 3 4. 5. Approval of rejection of bids received for Bid #98-0041 for a CRIMS System (computer records system) for the Sheriff s Department Adoption of resolution adding the following roads to the State Highway System: Roads in Dutch Square Industrial Park Approval of the following Budget Amendments: A. #98-0024 to increase budget for discretionary grant awarded for expansion of Day Sentencing Center and for the Tazgeting Project B. #98-09 to increase budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary 6. Approval of receipt of NCDOT Funds for computers/softwaze and adoption of Resolution. 0 a 9 9 0 0 p G O 9 ~ b 0 J D n p o 0 0 A~ d 0 o a REQUEST FOR BOARD ACTION Meeting Date: 09/02/97 Regular Item #: 1 Consent Item #: Additional Item #: Department: Aging RSVP Presenter: Howard Brown Page Count In Agenda Package: Contact: Howard Brown SUBJECT: Proclamation of Senior Retiree Appreciation Week September 7-13, 1997. BRIEF SUMMARY: The Greater Wilmington Chamber. of Commerce and the Retired Senior Volunteer Program wish to recognize the efforts and contributions of senior retirees in the New Hanover County area. Special activities, including open house at the Senior Center and the Retirement Living Showcase on Sept. 10 at the Coastline Convention Center are planned for this special week of recognition for the 130,000 hours of senior volunteer service ~ the community. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request Commissioners to proclaim week of September 7-13, 1997 as Senior Retiree Appreciation Week in New Hanover County. FUNDING SOURCE: Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: ~LGL: APP WCOPLEY FIN: N/A BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT ~ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: j Recommend adoption of Resolution and present to Howard Brown, RSVP Director. ~~ A RFJECTEQ Q REMO~ PO~~ Refer to Office Vision Bulletin Boazd for Disposition NEW NANO VER CO LINTY BOARD OF COMMISSIONERS PROCLAMATION Senior Retiree Appreciation Week WHEREAS, a growing number of senior retirees are associating themselves with our community; and WHEREAS, more than one thousand senior retirees are helping our community by freely giving sei-~~ice as RSVP volunteers; and WHEREAS, countless numbers of senior retirees are .offering assistance to our community by their involvement in religious and civic organizations; and WHEREAS, our community depends greatly on the willingness of individuals to.share their time. and talents; and WHEREAS, New Hanover County recognizes the significance of retired individuals who are willing to share their years of knowledge and experience; 1VOW, THEREFORE, BE IT PROCLAIMED, by the New Hanover County Board of Commissioners, to designate the week of September 8 - 12, 1997, as Senior Retu-ee Appreciation .Week in New Hanover County, North Carolina, and .to encourage all citizens to express their appreciation by becoming more involved in the life of our community. This the 2nd day of September, 1997. Robert G. Greer, Chairman t 1 REQUEST FOR BOARD ACTION Meeting Date: 09/02/97 Regular Item #: 2 Consent Item #: Additional Item #: Department:. County Manager... Presenter: Page Count In Agenda Package:......Contact: Allen ONeal SUBJECT: Consideration of Resolution requesting F.E.M.A. to consider New Hanover County as a Pilot Disaster Resistant Community ' BRIEF SUMMARY: New Hanover County and the City of Wilmington are being considered by the Federal Emergency Management Agency (FEMA) for designation and receipt of grant funding and support to become a Pilot Disaster Resistant Community. The concept is simply an opportunity to enhance, improve and expand existing public/private partnerships, develop public/private mitigation strategies, and to more fully educate our community on how to prepare for the hazards of hurricanes: New Hanover County is one of seven local government entities nationwide under consideration for the designation. Currently, the involvement in the process has been several conference calls with Federal and State officials, and an all day meeting held here in New Hanover County with representatives for the State, FEMA and the White House. The next step in the process of designation is for the County, City and Chamber to approve a resolution requesting ' designation as a Disaster Resistant Community and for the resolution to be sent to James Lee Witt, Director, FEMA. RECOMMENDED MOTION AND REQUESTED A TIONS•. I Federal $: State $: County $: User Fees $: Other $: New Appropriation Request: Money Is In Current Budget: Budget Amendment Prepared: ' LGL: FIN: BUD: HR• COUNTY MANAGER' COMMENTS AND RECOMMENDATIONS ' Recommend approval of the attached Resolution requesting designation as a Disaster Resistant Com unity couNrircoMM~sslQNERS ' ~ APPROVED ~ G~! RE.IECTED 'Ll .. - REMOVEb Q~ POSTPQNED Q MEARp t . . Refcr to Office Vision Bulletin Board for Disposition DATE ,.,. ~~ 17. ... RESOLUTION Requesting FEMA Designate New Hanover County and The City of Wilmington as a Disaster Resistant Community WHEREAS, New Hanover County, The City of Wilmington and the other municipalities of New Hanover County are prone to Atlantic Coast Humcanes, and WHEREAS, New Hanover County and the municipalities therein received substantial damage from the Hurricanes names Bertha and Fran in the summed of 1996, and WHEREAS, our communities, have recovered from the storms and were successful examples of teamwork and prepazation, and WHEREAS, New Hanover County and the City of Wilmington are under consideration for receipt of resources, grant funding and support from the Federal Emergency Management Association for designation as a Disaster Resistant Community. , NOW, THEREFORE BE IT RESOLVED that the New Hanover County Board of Commissioners respectfully request FEMA Director James Lee Witt declare New Hanover County and the City of Wilmington as a Disaster Resistant Community and that associated resources, support and funding be forthcoming from the reseazch, development and education of the community to fully warrant the declazation and title of Disaster Resistant Community. BE IT FURTHER RESOLVED that the elected officials and professional staffs of the County of New Hanover and the City of Wilmington be dedicated to completing and fulfilling all of the obligations necessary to fully develop and implement the Disaster Resistant Community concept. On behalf of the citizens of New Hanover County and the New Hanover County Board of Commissioners. I, Robert G. Greer, am hereby authorized by the New Hanover County Boazd of Commissioners to submit this resolution to James Lee Witt, Director, Federal Emergency Management Association. Adopted this the 2nd day of September, 1997 New Hanover County Board of Commissioners [SEAL] ~ ...~ "~~~~~~~ ~~' y~~Q Robert G. Greer, Chairman ~~~~~~ Lucie .Harrell, Clerk~t~o`~th~e Boad~ ..:. REQUEST FOR BOARD. ACTION Meeting Date: 09/02/97 Regular Item #: 3 Consent Item #: Additional Item #: Department: Fire Services Presenter: P. Kouwe ~e Count In Agenda Package: .. _.Contact: P. Kouwe SUBJECT: County Fire Services Improvement Study BRIEF SUMMARY: ' The Fire Commission is requesting athird-party professional study of potential improvements in fire protection including the possible unification of the seven volunteer fire departments into a single fire service for the unincorporated areas of the County. The Fire Commission obtained three proposals from consulting firms experienced in this type of study. The Fire Commission is now recommending that the county award a contract to Emergency Services Consulting Group of West Linn, Oregon to complete the study at a base fee of $19,100 plus expenses not to exceed $3,400. The study will be participative in nature and will thoroughly involve representatives of all agencies involved. The recommended firm was chosen by a panel of representatives from the volunteer fire departments who evaluated the proposals and references. The attachdd memo provides more detail on the proposed project. RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval of the consultant study and associated contract. Recommend approval of Budget Amendment #98-0025 to provide funding from Fire Service District Fund Balance. I Federal $: Stare 5: County $: 522,500 User Fees $: Other $: (Money Is In Current Budget: no ' Budget Amendment Prepared: ~~ New Appropriation Request: Yes ~LGL: _ FIN: N/A BSHELL BUD: N/A CGRIFFIN HR: N/A AMALLETT ~ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• Recommend approval of hiring Emergency Services Consulting Group and approval of the attached budget amendment #98-0025. All of the proposals are available in the County Manager's for review. . COUNTY CG ." .~~ 1' .~y~ ~~S APPROVED L; REJECTED ~p REMOVED- p~ ' POSTRQNED p 5 ,Refcr to Office Vision Bulletin Board for Disposition~R~ ~ . . DATE ._. ~,~2~ l J Q~Cr~ NEW HANOVER COUNTY FIRE SERVICES ADMINISTRATION ...414 CHESTNUT STREET, ROOM 307 WILMINGTON, NORTH CAROLINA 28401-4045 TELEPHONE (910) 341-7420 TO: County Commissioners FROM: Phil Kouwe, Administrator DATE: August 15, 1997 SUBJECT: Agenda Item: Fire Service Improvement Study Several months ago, representatives of the Fire Commission met with Commissioners Howell and Greer, along with myself and the County Manager, regarding a variety of issues pertaining to the fire service in the unincorporated sections of New Hanover County. These meeting were held at the request of the Fire Commission in an effort to provide clarification on the direction or vision which the County Commissioners had for the future of fire protection in the unincorporated county. ' As a result of the meetings, Commissioner Howell approached the Fire Commission with a general sense that fire protection needed to be improved in an effort to bring insurance costs to businesses and homeowners down, reduce and improve consistency of response times, and prepare for further growth of the county. He urged the Fire Commission to study issues regarding improved cooperation of the departments, better utilization of current manpower, improved training and personnel standards, and more cooperative purchasing and funding. He also expressed the need to examine the implementation of some career firefighting personnel and better, more cooperative use of existing county staff. Commissioner Howell suggested that the use of a neutral, third-party professional to facilitate this research might be helpful, providing for all entities affected to be directly involved in the process. In response, the Fire Commission immediately voted to develop a recommendation to the County Commissioners for a participative consultant study on county fire service improvements.. They then directed me to issue a Request For Proposal to at least three consulting firms with experience in this type of study and to have the proposals reviewed by a panel of representatives from each agency. The Request For Proposal (RFP) was issued to four firms recommended by the International Association of Fire Chiefs. Three of the fines responded with extensive proposals. These were reviewed in a meeting inclusive of one representative from each fire department and the Fire Commission::The panel recommended the proposal submitted by the wMa»4 4~e"11"AtlY:S"3!."'„`.~~Ofz'e,, .. Emergency~S~er~vices„Consul't`ingfGroup of West Linn, Oregon. The panel also requested a few minor additions to the fimw's~oignal proposal, which resulted in a proposal amendment a~w~:~,~~ ~~ a proved by the Fire"'Cornmis~ysRion. v ((yy~~~ ~w~.t p~ In brief, the consultant intends to examine the present operation of fire services to determine~what actions,couldibe taken to~provide more effective and efficient fire protection services within the collective response districts of these agencies. Moreover, the study is to ' determine whether sharing and/or combining of functions and resources may provide cost- effective services, or whether there are other alternatives to the current delivery system. Utilization of a combination of career and volunteer personnel will be examined along with ' possible means of implementation. The firm intends to utilize statistical anlysis, expert observation of departmental practices, observation of community characteristics, fiscal analysis, application of standards and recommended practices, selected interviews of a cross- ' section of agency representatives and elected officials, and a survey instrument of all existing firefighters to develop its final recommendations. Several references were obtained from agencies which have utilized this company in similar studies and all were very positive. The company specializes in the study and ;implementation of fire service mergers and consolidations along with service improvement plans. They are highly regarded in the industry and have an entire staff with extensive fire service background. ' Funding for the study, if approved, can be provided from the Fire Service District fund balance. The study would begin within 30 days of approval and would take a maximum of 90 days. Thank you for your consideration of this critically important study. Should you have ' any further questions, please feel free to contact me at 341-7462. t 7 Budget Amendment / / / / / / / / % / / / / / / / / / / / % ~ % % ~ / / / / / / % / / O/ % % % O ~///// / /// / / / % / / / / / / % ~ % ~ i % % ~ i / ' % ~ % % ! i O % ~ % / i / % / / / / / / / % % % ~ i % ~ % % % % % / / / / DEPARTMENT BUDGET AMENDMENT # ~ DATE U Fire Service District/ Fire Departments/ ~ U Fire Administration 98-0025 9/2/97 ADJUSTMENT DEBIT CREDIT ' Fire Service District/ Fire Departments Appropriate Fund Balance $22,500 . Fire Administration Contracted Services $22,500 L EXPLANATION To a ro riate Fire District PP P fund balance for a consultant stud and associated Y contract. The study is requested for potential improvements in fire protection including the possible unification of the seven volunteer fire departments into a single fire service for the unincorporated areas of the County. i . ~ L f•'or Dudoct UI'I iccr's approval; then rcpori 8 to Commissioners at next regular meeting ~`'" and enter in minutes. L . To be approved by Commissioners. Tohe cnterod into minutes. 1 1 REQUEST FOR BOARD ACTION Meeting Date: 09/02/97 Regular Item #: 4 Consent Item #: Additional Item #: Department: Legal Department Presenter: W. Copley/ B. Shell Pa a Count In A enda Packa e: .Contact: W. Co le B. Shell SUBJECT: Public Hearing on Bond Order Authorizing the Issuance of $125,000,000 School Bonds of the County of New Hanover and Bond Order Authorizing the Issuance of $38,300,000 Community College Bonds of the County of New Hanover. Hold public hearing. BRIEF SUMMARY: RECOMMENDED MOTION AND REQUESTED ACTIONS• Adopt Bond Orders for Public Schools and Community College FUNDING SOURCE: Federal $: State $: County $: User Fees S: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: tc>~, v l ~ vv ~ 1J Ii Y LGL: APP WCOPLEY FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RE OMM NDATIONS couN~r c~~t~s~oN~s APRROV1rC3 'f REIECTII~~ ~: REM(3VED= L7 PUS'f/PONED { HEAf~D (~~'~ ~~ Rcfer to Office Vision Bullctin Board for Disposition ©ATEey-~.~/~.~ Q•+..~ 9 a _. ........ ... ...._., EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS _. . A meeting of the Board of Commissioners of the County of New Hanover, North Carolina, was held in the New Hanover County Courthouse, 24 North Third Street, Room 301, Wilmington, North Carolina, at 6:30 P.M. on September 2, 1997. - Present: Absent: t~lso present: The Clerk to the Board of Commissioners reported to the Board of Commissioners that the bond orders entitled "BOND ORDER AUTHORIZING THE ISSUANCE OF $125,000,000 SCHOOL BONDS OF THE COUNTY , OF NEW HANOVER" and "BOND ORDER AUTHORIZING THE ISSUANCE OF $38,300,000 COMIv1LTNITY COLLEGE BONDS OF THE COUNTY OF NEW HANOVER" which had been introduced on August 18, 1997, had been published in a qualified newspaper on or before August 27, 1997, with notice that the Board ~- would hold public hearings thereon on September 2, 1997. The Clerk also reported that the County's. Finance Officer had filed in the Clerk's office a statement of debt complying with the . ~'~Fi~~ aa~l~a . provisions of Th'e~ca~l~Government Bond Act and that such statement showed the net ~` ~,~~ L ~~ ~~ - ~' TM C-~52851v01!.13701.00011 ~~~~ indebtedness of the County to be % of the assessed valuation of property in the County subject to taxation. -. . moved that the Board proceed to hold a public hearing on the school bond order. The motion was seconded by and was unanimously adopted. At P.M., the Chairman of the Board announced that the Board would hear anyone who wished to be heard on the questions of the validi of the bond order and th tY e advisability of issuing the bonds. After the Board had heard all persons who requested to be heard, moved that the ublic hearin p g be closed. The motion was seconded by i -and was unanimously adopted. ' moved that the Board adopt without change and direct the Clerk to publish as prescribed by The Local Government Bond Act the bond order entitled, ~ "BOND ORDER AUTHORIZING THE ISSUANCE OF $125,000,000 SCHOOL BONDS OF THE COUNTY OF NEW ~~ HANOVER introduced at the meeting of the Board of ~ Commissioners held on August 18, 1997. The motion was seconded by and was adopted by the following vote: ~ I AYES: ' NAYES: I 1 ., ~ .1 .: ~ ~ ' C-1 SIBS1v01!.13701.00011 ~~~ 2 ~ ~ L I moved that the Board proceed to hold a public hearing on the community college bond order. The motion was seconded by and was unanimously adopted. At P.M., the Chairman of the Board announced that the Board would hear anyone who wished to be heard on the questions of the validity of the bond order and the advisability of issuing the bonds. After the Board had heard all persons who requested to be heard, moved that the public hearing be closed. The motion was seconded by and was unanimously adopted. moved that the Board adopt without change and direct the Clerk to publish as prescribed by The Local Government Bond Act the bond order entitled, . "BOND ORDER AUTHORIZING THE ISSUANCE OF $38,300,000 COh~IIviCJNITY COLLEGE BONDS OF THE COUNTY OF NEW HANOVER" introduced at the meeting of the Board of Commissioners held on August 18, 1997. The motion was seconded by AYES: NAYES: 12 and was adopted by the following vote: • c-~szes~~ou.~a~o~.ooou 3 a moved the adoption of the following resolution respecting the required bond referendum: WHEREAS, the Board has adopted the bond orders hereinafter described authorizing the ' issuance of $125,000,000 school bonds and $38,300,000 community college bonds, and those bond orders and the indebtedness to be incurred by the issuance of those bonds and the tax to be levied for the payment of those bonds should be submitted to the voters of the County of New Hanover for their approval or disapproval in order to comply with the Constitution and laws of North Carolina; NOW, THEREFORE, BE IT RESOLVED, by the Board as follows: (1) The questions whether the qualified voters of the County of New Hanover shall approve or disapprove (a) the indebtedness to be incurred by the issuance of the bonds of the County authorized by those bond orders, which indebtedness shall be secured by a pledge of the County's faith and credit, (b) the levy of a tax for the payment thereof, and (c) those bond orders, shall be submitted to the qualified voters of the County at an election to be held in the County on November 4, 1997. (2) The Clerk is hereby authorized and directed to publish a notice of that election, which shall be in substantially the following form: ~-~sZesi~oic.ino~.ooois 4 THE COUNTY OF NEW HANOVER, NORTH CAROLINA - ` - - ~ - NOTICE OF SPECIAL BOND ELECTION NOTICE IS HEREBY GIVEN that a special bond election will be held in the County of New Hanover, North Carolina, on November 4, 1997, for the purpose of submitting to the qualified voters of the County the questions whether they shall approve or disapprove (1) the indebtedness to be incurred by the issuance of bonds of the County of the maximum principal amount of $125,000,000, which indebtedness shall be secured by a pledge of the County's faith and credit, and (2) the levy of a tax for the payment of those bonds, and (3) the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $125,000,000 SCHOOL BONDS OF THE COUNTY OF NEW HANOVER," adopted by the Board of Commissioners to authorize the issuance of those bonds and the levy of that tax and whether they shall approve or disapprove (1) the indebtedness to be incurred by the issuance of bonds of the County of the maximum principal amount of $38,300,000, which indebtedness shall be secured by a pledge of the County's faith and credit, and (2) the levy of a tax for the payment of those bonds, and (3) the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $38,300,000 CONIIvIUNITY COLLEGE BONDS OF THE COUNTY OF NEW HANOVER," adopted by the Board of Commissioners to authorize the issuance of those bonds and the levy of that tax. The $125,000,000 school bonds are authorized to pay capital costs of providing school facilities, including the acquisition and construction of new school facilities, the improvement and expansion of existing school facilities and the acquisition and installation of furnishings and equipment and the acquisition of interests in real property required therefor. 14 c-~s2esi~oi:.i»o~.oooii 5 r t The $38,300,000 community college bonds are authorized to pay capital costs of providing community college facilities, including the acquisition and construction of new community college facilities, the improvement and expansion of existing community college facilities and the acquisition and installation of furnishings and equipment and the acquisition of interests in real property required therefor. The ballots to be .used at the election shall contain the words, "SHALL the order authorizing $125,000,000 of bonds secured by a pledge of the faith and credit of the County of New Hanover to pay capital costs of providing school facilities, including the acquisition and construction of new school facilities, the improvement and expansion of existing school facilities and the acquisition and installation of furnishings and equipment and the acquisition of interests in real property required therefor, and a tax to be levied for the payment thereof, be approved?" and "SHALL the order authorizing $38,300,000 of bonds secured by a pledge of the faith and credit of the County of New Hanover to pay capital costs of providing community college facilities, including the acquisition and construction of new community college facilities, the improvement and expansion of existing community college facilities and the acquisition and installation of furnishings and equipment and the acquisition of interests in real property required therefor, and a tax. to be levied for the payment thereof, be approved?" with squares labelled "YES" and "NO" beneath or beside those words, in which squares the voter may record his choice. In the event a majority of the qualified voters voting at that election vote to approve a particular order, the incurring of indebtedness and the levy of a tax related thereto, those bonds shall be issued and taxes shall be levied for the payment of the bonds. 7:30 P.M. The election will be held at the following precincts and polling places: The polls for the election will open at the hour of 6:30 AM. and will close at the hour of 1 t-~szes~~oi:.ia~o~.oooii ~~ ~ 15 I~ 6 _. .. PRECINCT - ~ POLLING PLACES CF-1 Wrightsboro School - - ~ 2716 Castle Hayne Road CF-2 Castle Hayne Fire Dept. Jct. 117 & 132 CF-3 Laney High School 2700 No. College Road ~-1 Bellamy School 70 Sanders Road ~'-2 - Municipal Complex Recreation Building 1121 North Lake Park Blvd. C. Bch. ~-3 Kure Beach Town Hall j 117 No. Sixth ' H-1 Spring View Church 801 No. College Road H-2 The Center For Marine Science Research '~ 7205 Wrightsville Avenue H-3 Bradley Creek School 6211 Greenville Lp Road H-4 College Park School 5001 Oriole Drive H-5 Noble Middle School 6620 Market Street H-6 Emmanuel Presbyterian Church . 1402 No. College Road H-7 - Ogden Vol. Fire Dept. 7375 Market Street 16 c-~szesi~oi ~.ia~o~.ooou 7 H-8 ~.... M-2 M-3 M-4 M-5 ' W-1 W-2 W 3 - W -4 W-5 W-6 .. W-7 W-8 W-9 C-~52851v01:.1370~.00011 Ogden School 36371Viiddle Sound Road Wrightsville Beach School 220 Coral Drive Masonboro Baptist Church 1501 Beasley Road Moose Lodge 4610 Car. Beach Road United Advent Church 4912 So. College Road Myrtle Grove Bapt. Church 5524 Myrtle Grove Road Johnson School 1100 McRae Street Community Art Center 120 So. 2nd Street Solomon Towers 15 Castle Street National Guard Armory 2221 Car. Beach Road VFW Building 2722 Car. Beach Road Brogden Hall (New Hanover High School) 1221 Market Street Williston Middle School 401 So. 10th Street Lake Forest, Inc. 250 Pinecrest Parkway Annie B. Snipes School 2150 Chestnut Street 8 17 W-10 W-11 W-12 W-13 W-14 W-15 ' W-16 W-17 W-18 W-19 W-20 W-21 W-22 W-23 W-24 18 c-~szesi~oi!.ino~.oooi~ Vesta Village Rec. Bldg. 1902 Manhatten Drive Fire Station (Empie Pk) 3403 Park Avenue Forest Hills School 410 Colonial Drive Winter Park Presbyterian Church 4501 Wrightsville Avenue Roland Grise School 4412 Lake Avenue William Blount School 3702 Princess Place Drive Pine Valley School _ 440 John S. Mosby Drive YWCA 2815 So. College Road Fire Station (Muni Golf Course) 310 S. Wallace Avenue Sunset Park School 613 Alabama Avenue #5 Fire Station 1502 Wellington Avenue Codington School 4321 Carolina Beach Road First Church of the Nazarene 4017 Wilshire Boulevard Winter Park School 204 So. McMillan Avenue Trask Coliseum 601 So. College Road 9 Voters may register to vote by submitting in person (whether by the applicant or another person) or by mail a properly completed and signed voter registration application form to the New Hanover County Board of Elections at 24 North Third Street, Wilmington, NC 28401. Except in certain limited situations, such forms must (1) if submitted in person, be received by the Board of Elections by 5:00 P.M. on October 10, 1997 (2) if submitted by mail, be postmarked no later than October 10, 1997. Registration to vote may also be accomplished by appointment with certain election officials, or at offices of the Department of Motor Vehicles in connection with certain applications relating to drivers' licenses, or at the offices of certain state service agencies designated by law as voter registration agencies. Voter registration may also be available at public libraries and public high schools. An unreported change of address or name change may ' jeopardize a registered voter's right to vote. For details, on the above matters (includin g deadlines), contact the New Hanover County Board of Elections at 24 North Third Street, Wilmington, NC 28401. Certain persons in the armed forces and their spouses, certain veterans, certain civilians working with the armed forces, and members of the Peace Co s m rp ay register by mail at any time prior to the election in the manner provided by law and in person at any time, including the day of the election. _ Any qualified voter who (1) expects to be absent from the County during the entire period that the polls are open on the election day, or (2) because of sickness or other physical disabilit Y will be unable to vote in person on that day, or (3) is incarcerated and otherwise entitled to vote in the election or (4) because of the observance of a religious holiday will be unable to vote in t person or (5) is an employee of the New Hanover County Board of Elections and his a i n ss g ed ,duties on the day of election will cause him to be unable to vote in person, may apply for an absentee ballot to be used in voting at the election. Information concerning the time arid ma ~~ c-~szesi„oi~.~s~o~.oooii 1 0 for applying for an absentee ballot, including the last day .for making an application, can be - a obtained -from the New Hanover County Board of Elections at the Boards office at 24 North - Third Street, Wilmington, NC 28401. By order of the Board of Commissioners of the County of New Hanover. ~j Lucie F. Harrell Clerk to the Board of Commissioners County of New Hanover, North Carolina L_, (~ ~ L 1 _- - 20 c-~szesi~oi~.tno~.oooii 11 _ (e` That notice of special election shall be published at least twice. The first publication shall - be not- less than 14 da ys and the second publication shall be not less than 7 days before the last - day on which voters may register for the special election. The New Hanover County Board of Elections is hereby requested to print and distribute the necessary ballots, to provide the equipment for the holding of the election and to conduct and to supervise the election. The Clerk to the Board of Commissioners shall mail or deliver a certified copy of this resolution to the New Hanover County Board of Elections within three days after the resolution is adopted.' seconded the motion -and the motion was adopted by the following vote: D AYES: l D ~. NAYS: i _. i ~ ~ ~ D .. D a~ 21 c-~szesi~oi~.is~o~.oooii 12 ~ I This page intentionally left blank 22 . REQUEST FOR BOARD ACTION Meeting Date: 09/02/97 ~~ Regular Item #: A Consent Item #: Additional Item #: ..Department: Planning Presenter: D. Hayes Pa e Count In A enda Packa e: 5 Contact: Pete Ave SUBJECT. Rezoning - Z-607, 8/97 ~' BRIEF MM RY: Request by A. Wilson to rezone 13.14 acres at 7751 Market St. to B-2 Business from R-15 Residential. Other $: REVIEWED BY: ~ ' LGL: FIN: BUD: HR: BOUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• L , ~. , _ COtlNiY OflNIMiS~~O~ERS APPROU~p ~/' REJECTED C1 .. REMOVED C]' ..~. ~ POSTPC~N~p» Refer to Office Vision Bulletin Board for DispositiD~ ~~ p 47 23 -ITEM A- CASE: REQUEST: ACREAGE: LOCATION: 2=607, 8/97; Applicant: A. Wilson R-15 to B-2 13.14 7750 Market Street LAND CLASSIFICATION: Resource Protection- Encourages low density residential development at a maximum density of 2.5 units per acre. Non-residential development is permitted provided important natural resources are not impacted. Planning Board Summary The.applicant told the Board the site's proximity to US 17 and the presence of similar zoning to the rorth and south made development under current zoning undesirable. He also presented letters from two nearby property owners stating they did not object to the rezoning. The Board agreed with Staff that current policies discourage commercial expansion in the manner proposed. However, they also agreed that current circumstances made residential uses on the site unlikely. In the end, they reluctantly acknowledged the pragmatic results of the past and voted 6 to 1 to rezone the property. There was no opposition. Planning Staff Summary Most of the existing commercially zoned lands beginning just north of Bayshore Estates and running. northward to the Pendc~~ County line were established when the original zoning was adopted for the area. Those lands receiving commercial designations was due partly in recognition of existing land uses. Other properties were rezoned simply because that is what their owners wanted. Over the years since, the County has been bombarded with rezoning requests seeking to either expand existing commercial districts or to establish new ones. While a number of those petitions were denied, Mary were approved despite the County's long standing land use policy aimed at discouraging strip commercial development. The resulting land use pattern is a mishmash of commercial and industrial uses interspersed with residential uses. Relative to the subject property, it is important to note that the B-2 District to the south, which is contiguoushas~ b~~eenpan~d`ed~oYthree separate occasions--twice in 1987 and once in 1986. That area is intensely deve,~lop~ed~with;~an array of retail uses and commercial services. It also important to note that the subject pr~operty~i's~less than 100 feet away from another B-2 District located to the 24 .~~ ~~~~~~~~ . ~~~I~~ 1 ~~~~~ . ~; .~ - north. Almost by default, the County Staff has on occasion recommended approval of commercial zoning petitions for similarly situated properties. The reality of rezoning the property is apparent, especially in situations like this because commercial zoning and commercial land uses on adjacent properties :severely diminish one's expectations that housing will be built. Many also believe, whether true or not, that the "highest and best use" of properties fronting a major road with high volumes of traffic is for non-residential purposes. In the current situation, the subject property is nearly surrounded by commercial zoning and significant commercial uses have been recently established. It also has frontage along a major thoroughfare. Nevertheless, the fact remains that current land use policies strongly discourage the haphazard placement of commercial districts outside recognized commercial _ nodes. The 1200 foot depth proposed for rezoning can also impact future residential options for the adjacent property to the east, much of which is currently vacant. ~.. -.Reconciling the reality of the current land use pattern with existing policy is a hard choice. Simply choosing to recommend denial based on current land use policy could lead to arguments that the County isn't being fair and more importantly practical given the location of the property. On the other hand, choosing to rezone the site further undercuts the land use plan's policy to discourage strip commercial development. This could lead to arguments that the County has shirked its responsibility to adhere to its, own plans. Continued linear expansion of commercial and other non-residential zoning along .this stretch of Market Street will in the end render the current land use policy moot. If that happens, and development trends indicate it will, then perhaps the County should look at newer policies or standards that can in other ways address the inevitable impacts. The Special Highway Overlay District does extend 500 feet into the property and would provide a modest amount of visual relief due to extended setbacks and stricter sign controls. However, it alone will not be adequate to mitigate the many ill-effects common with strip commercial development. Staffrecommends that any commercial expansion along Market Street be limited as much as possible. 2 25 i FIAT 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 requ'ue 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 rcquiremenis. How would the requested change be consistent with the County's Policies for Growth and Devel- opment? Land lies between two existing B-2 Zones in an area with commercial development. How would the requested zone charge be consistent with the property's classification on the Land Classification biap? - There are no known important natural, historic, scenic, wildlife and recreational resources and the land adjoins property now zoned B-2 and is not considered desirable for residential purposes. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Commercial development has taken place on adjoining and nearby properties making residential use less likely since this land lies between two existing B-2 zones. Jn signing this petition, I understand that the existing zoning map is presumed to be correct and that I Dave the burden of proving why a change is in the public interest: I further understand that the singling out of one parcel of land for special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal. I certify that all the information presented in this application is accurate to the best of my knowledge, information, and belief. z~ G~~~~ ~ ~~ Signature of Petitioner and/or Owner LAND USE, ZONING, UTILITIES and SERVICES Resource Protection Land Classification: Ezisting Land Use: Residential,--~ra~ant Toning History: = Area oricrinally zoned July ~ ~ 1 X71 ~-2 Area +~ north established Dec. 19.84.. B-2 area to the south expanded three times -once, in 1956, twicein 1987.., Area across Market St. deniee~ for B-2 zn Dec. 1990. Water Type: __~4e1 1 /Communi v center Sewer Types r~„n+~~ _ Fire District:. Dgden VFD RccreAtion• Blair Noble Road Access: US 1? (~~arket St.) Volume: -- 24.100- ADT l' 95 et 1 School District: Dgden 1~IISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classification• Pages Creek Aquifer Recharge Area: Fringe of Primary Area Conservation Resources: None Historic Landmarks-and Archeological Sites: None - r 1 1 .soil ~'ypc(s) and. class• Primarily Kureb (Kr) - Class 2 Septic Tank Suitsibility: Few limits Prime Agrit4ltural Soils: None - Build.ing SuitAbility: _ Few limits ~ ~ ~ ~ ,i: e. e .. : 4 PETITION SUMMARY SHEET Petition~Number: 2-607, 8/97 Owner: :Malloy, Johnson Representative: A, w'ilson _ _ -... Request: ~-15 to B-2 Acreage:. 13.14 Tax ID Number: - 36OQ Location: 7750 i~?arket St. . This page intentionally left blank ~~~ 28~ ;. ~~-xc~ .,moc~ma y~ N D T --~2 7C O a t ~ ~~ Z~m~7mDm~O~CD 'O ~ O ZnZm~cA']C)', OmZ ~ C v cZi~xr~99~`90 ~ 07 Om~amOmm~.m~ ~N ~. Z~vmZ_x~-yymDZ (O mvn~oracsDr ~ . ~m-G 37 -OZm~ rn y n~z X ~? { ~n n~ ~ .L ^~ ~ X z II ~ ~ ~ '. / , . I .. - ,III 11 ` ® ~ 1 F = y d III ao c~m ,1111 p9 ~ ~ _ 55~~ ~'~ . IIII 25~ j O.. IIII ~ ..c ~ m . 11 11 v / y wy ;° . III 44 g III ~~ II 11 , 11111111, ~4~t ~ 11 / II II 11 II 11 Ij II11 D 11111 ~ 111 III ~ W 11 1 1111111 \~ 1 911 ..'I, L _ X11 Ij1 I y~e 11 11 III O ~~ ~ cy m ~J 1 N I. II Ij Ij1 11 / 11, 11 / I 6~~ III / Mr p~ _. ~ III 11 / III / 11 II 11 F I ~ III l ~ IIIj 1 ~ 90pn R + - . REQUEST FOR BOARD ACTION Meeting Date: 09/02/97 ~~ Regular Item #: B Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Pa e Count In A enda Packa e: 5 __ Contact: Pete Ave SUBJECT: Rezoning - (Z-608, 8/97) RIEF RY: Request by H. Stovall to rezone 1.94 acres at 116 and 120 Giles Avenue on the north side of Oleander Drive to B-2 Business from R-15 Residential. _. .~ RECOMMENDED MOTION D RE TED TI The Planning Board recommends a combination of O-I Office and Institution and B-2 `Business. ~, ~ . FUNDING SOURCE: Federal S: State S: County S: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: . Bud et Amendment Pre ared: REVIEWED BY: LGL; FIN: ~ BUD: HR: BOUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• ~. . COUNTY COMMISSIONERS _ APPROVEQ C~ REJEC7~C3 J REMOVEta P4STPQNEQ ~ ~ ~ N~~l~ C~~ g • Refer to Office Vision Bulletin Board for Disposition QAYE .....+~.6f 2 ~7~,_,~~ r~ _ _ .. ITEM B CASE: X608, 8/97; Applicant: Harry Stovall R-15 to B-2~ REQUEST: ACREAGE: 1.94 LOCATION: 116 and 120 Giles Avenue LAND CLASSIFICATION: Urban Transition- Encourages more intense urban type development subject to the presence of public services, or the provision of those services economically. Planning Board Summary The ap~5licant told the Board the site would be difficult to economically develop due the split zoning district He further argued that the site's proximity to Oleander Drive and neazby commercial activity had reduced the appeal to develop the site under current zoning. A Ferdcr. s*ati::g opposition from nearby property owners along Seabrell Avenue and Park Avenue was presented. Their spokesman told the Board that commercial expansion posed a serious threat to their neighborhood by increasing traffic congestion and reducing safety. The noticeable decline of the properties reflected their concerns. In recognition of their concerns. the Board discussed other zoning options. One option was rezoning the entire site to O-I. Another option, which the Boazd voted to recommend, was to rezone part of the site to O-I and part of it to B-2.(See attached map) The Boazd noted that both districts offered similar buffering and setback standards and more importantly, the O-I azea would serve as a transitional azea between the heavy commercial uses along Oleander Drive and residential uses to the north. The vote was unanimous. The Board formally voted to deny the request to rezone the entire site to B-2. Planning Staff Summary The subject parcels are currently split by the B-2/R-1 S Zoning District line, with most of the area of each parcel being -zoned R-15 Residential. In similaz situations, the County has rezoned the property to eliminate the split zoning. There aze a couple reasons for that stance. One it makes it easier for the , • property owner to fully utilize the property. It also make it easier to administer land use regulations and apply tax values. _ . Of course, even with those worthy reasons in mind, the rezoning is not recommended if current commercial development policies cannot be met. The policies for Growth and Development encourage commercial uses to locate along major thoroughfares at or very near intersections with other major roads. Strip commercial development and encroachment into residential areas is discouraged.. The policies do not directly address expanding the depth of existing commercial districts except to say that expansion should not encroach into residential azeas. The County has approved similar requests, noting that perpendicular expansion th~at$donotiencioaehtau~to established residential azeas do not necessarily increase the extent of strip commercial development:~~ ~~ ~~~~~ The long-term tre~,nd for~'development of the Oleander Drive corridor appears to favor expans~ori of ercial, officed~relatedrnon,residential uses and opportunities. The existing land use pattern, which ' lready chara~tenzed~by~aa number small retail strip centers, free-standing retail uses, storage, r~ commercial services and offices and scattered residential uses, is cleaz evidence that property owners, developers and speculators have shown no genuine interest to develop existing undeveloped residentially zoned land for residential uses: Nearly all zoning ipquiries for these areas are for commercial uses. That ' trend isn't likely to change. The current land pattern was made possible by the original zoning. Much of the original commercial zoning, when established in 1971 and 1972 was done simply by drawing a line at 200 to 300 foot depths pazallel to the right-of--way. This of course preceded current land use policies. `aimed at restricting this sort of land use pattern. Due to the number of similazly situated properties along the corridor, the County .should proceed cautiously. While there is no evidence the proposed rezoning would create encroachment concerns, that might not be the case for other properties. Nevertheless, rezoning the subject property would be consistent with the land use pattern of this area Staff recommends approval. .~ - ' . ~~ 1~ ' ~. ~- ~- . , a~ ~ .. ~ ~ ~~ ~~ 31 ~~ .a WHAT YOU MUST ESTABLISH TO GET A CHANGE OF ZONING OF PROPERTY 'i ;:;:r in:ead~d 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 P;an, you must explain in the space below how your rcqucst satisGcs cach of the follow- ing requirements. I. How would the requested change be consistent with the County's Politics for Growth and Dcvclopmcrit? This ttact is in an urban transition zone with public services available. It would enlarge an existing commercial site. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? Property has direct access to a major road (Oleander Drive) and is abutted by existing B-2 zoning. A portion of this tract is already B-2. ' 3. 1Vhat significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Uses around the property are rapidly becoming commercial. Oleander Drive is a major commercial corridor. . In signing this petition, I understand that the existing zoning map is presumed to be correct and that I have the burden of proving why a change is in the public interest. I further understand that the sin- gling out of one parcel of land for special zoning treatment unrelated to County policies and tl~e 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. 32 • ~. ~ . Sig .azure of Pe:i cr and/or.Owner - ~~I Ha ry W. Stovall. III . PETITION SUMMARY SHEET .._ Petition•Number: Z-608 Owner: James Ziegler ~ Representative: Harry Stovall. • Request: R-15 to B-2 .... Acreage: 1.9d Q' Taz ID Number: X207 ~ cation: 116 & 120 Giles Ave•. Lo LAND USE, ZONING, UTILITIES and SERVICES • Land Classification: ~ Urban Trans i ti nn Fasting Land Use: Vacant ZOIIIIIg History: -= Area Or1Q1ria11V Zoned 8f 1 8171 Rna+- ca 1 ac nrnnarf-~~ to the east rezoned to B-2 in.~9ay '95 B- area ac oGa O1 andPr • _ expanded twice in '86. Water Type: _ Community Scorer Type' rn„nt,~ Fire District: _ Seagate Recreation: • h»gh ~,c-Rae G3'.les - Un}~no n ~~' Road Access: 0; 1 P~ 14 (71 eanr3ar Yolume: --Oleander: L0,~00 ADT (' 95 School District: BradleyCreek MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classification• Bradley Creek (Sc) Aquifer Recharge Area:. Fringe of Pr, mart' ArAa Conservation Resources: None • Historic Landmarks and Archeological Sites: Non ~~ Soil Type(s) and Class• Primarily Leon {Le) : Class III .~ Septic Tank Suitability: Poor: County sewer Prime Agric~ltura.l Soils: NOriP Building Suitability: Some limits due to iaetness This page intentionally left blank 34 _~--- I \ ~ - ~ ~~-2L7Tm OC'~wD a2 ~m~"O=S Nm L'D 'C 1 O~ r=-DD--1ZCmDOO •U7 9 mmmD~mm-Gn y O 00 mrnZZ~a~~om SN (gyp ~''tr /1T~r v'r'na j=~a°S y ~I *+ V^ ~ ~~9~9-G~~Lmo O ~+~ ~ ~~T~7CO O-nm 3J ~J C z ~~~ m 9~~~ ~_ D ~ Z ZDmZ ~~'„ D c,r'9c~ x a~ ~ N -- ~ ~ D D YID ® ~ f r ~ v ~ ~„' o m e v v° 0 0 ~ ~ N 2 u N n II n n °e a w O ~ o N ?° ~ m y ~, +{^ .~ S \ ` +... 4 n ~ ~N r n~ o m O N ~ ' 'I 4 T roc ,_ , ~-;~-~ < ~~ ti:.':.: ~~~.~'N..:':. • ~ ~- 8 REQUEST FOR BOARD ACTION Meeting Date: 09/02/97 Regular Item #: C Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Pa a Count In A enda Packa e: 7 Contact: Pete Ave SUBJECT: Special Use Permit (S-411, 8/97) BRIEF SUMMARY: Request by Linda Mitchell to provide an in-home child day care service for up to 12 children in an existing dwelling at 126 Disney Drive. ~~ RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval with conditions. rurv~ilvu auux~~;: Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: LGL: FIN:. BUD: HR: ~ COUNTY MANA ER'S COMMENTS AND RECOMM NDATIONS• COUNTY COMMISS~~NERS ApPROV~~ ~/ - ~ . _ - ~ REa~CTE-1? f~l' REMOVED C h\ ~t1 ,Y . . RflS711EQ ~. _. Refer to Office Vision Bullctin Board for Disposition~A~~ .._ ._ .....ITEM C .. Special Use Permit: Request by Linda Mitchell to Provide an In-home Child Day Care Service for up to Twelve Children at 126 Disney Drive (S-411, 8/97) Planning Board Summary The Board voted unanimously to recommend approval, of the petition, subject to the following conditions: -The number of children be limited to nine, including the owner's children. ~, -Install a 6 foot buffer, either a wood fence or planted materials along the eastern property line between the front walkway and the detached garage. -Move swing set to rear yard and limit outside play to rear yard. -No site identification sign be permitted. - Limit the hours of operation to 7:30 a.m. to 6:00 p.m. An adjacent property owner told the Board the provision of a child day service next door to his residence would be disruptive, both to the general neighborhood and to his family's personal privacy. He also pointed out his wifs has serious health problems and needs uninterrupted rest during the day. Preliminary.StaffFfndings 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 existing structure is currently served by water and sewer. There is no known need at the present time to upgrade these services to meet the additional demand. B. The site has direct access to Disney Drive. C. The site is located in the Winter Park VFD District. D. Interior modifications will be made to meet the minimum State day care licensing requrrements. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. A site plan as required by the Ordinance has been submitted. B. A fenced play area will be located to the rear of the principal dwelling. ~ ' C. Existing access to the site is designed so that pick-ups and drop-offs can be made without backing into the street. D. Adequate area is available to meet off-street parking needs. The required ratio is one space for each employee plus four spaces for patrons. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting~p op~e'~~o~~~`h~yatt'~h/~e}qutse is a public necessity. A. Each adjacent property rs occupied by asingle-family dwelling that is similar in size, li,eight, scale~and~a c`lu~tectural style to the home at 126 Disney Drive. The County has i~~d~permits in nearly identical situations throughout. the County, 6 including th'~ ne~orh`ood. ~' m~~ .. ~. 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 land use pattern in the area consists entirely of single family dwellings that are primarily owner-occupied.. _ __ .... B. The County issued a special use permit for a similar operation on nearby Kelly Road in ~. January 1990. There is no known record of complaints for that operation. C. No exterior modifications are planned to the dwelling. ' D. The facility will be owner-occupied. Comments -Have applicant specify if an identification sign is to be used ~. ` ~' ,~ ~~ ~~ ~; ~~ ~ 37 _~ ._ '~Ihat ~'~u Dust Establish Foy A ~~ 12 Special Use Permit Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The - Zoning Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies_these requirements: (Attach additional pages if necessary) General Requirement #1 -- ~ . The Board must find "that the use will not materially endanger the public health or safety if located where pro- posed and developed according to he plan as submitted and approved:' ~ I /_ Stnten:ent byApplicanl: I r 1l' ~o'YY~t° IS R tS~rcl' - ~~ ~{ S*st~ Ct,$' C< S/Y1~i /~ ({rrne -Da.c~ .Cant-,. my rdenfi~,rRfi~ ~~r 1s ~soooa3cl~ Dai}rmt: use vrtt a cs. C7 -.! ~ . ,,= a m, re Is ~tAd ~r- (o chi t (drt~ ,J , .i ha vl no f m car a n ~ st ca J <s -b harn c . ~tt raa-rYt S ,~' w r l1 use are rn ,Cd e house . FAftGrt~i~yq m'~nC O[1KcFor -~pr 0ur ArPA prnrC &il(l°r.rn C.~Yt uC a General i~egwre~~en~f' trhYs Co+•~ P l y w ice„ s~a~ C s~ ~ r~ nd opcral7~ RUrc~~lrgfs; The Board must find "that the use meets all required condi 'ons nd s ecifications" of the Zoning Ordinance." SrateracrrrbyApplicant: ~} $mat~ chrlol o(aYCgrt~~Pr-~!s Prr^-+~4~ec~ IiJ ~~ KSIC~1m~tc~ art 2'kLtrC +wodo.ll,cr 11 vrr,C c(ray ca~tES ~"~ m~,y Sl~aa ~ ~ t r$ M+y ~f z-1 dour , her y It 6or a a C o~J,t r I s . fy, v haws<s olrnv n frv~-'~i rn, i ~ . S hQ r,t a Itrc~t Jv~ wry-!..`J1 cL G~ple k l7 ~thced i~ ~f~p,~. Q ~-'inrsl~tc! <,(vub/t Grre , 9 olebc,(.e,,{ and a ac{e.~( oQmc.ble oi-~vtway w+~{./. q~~wlupn~no! S~[c So ~a`~- rs do n have -P-a bael( ev.~ or,M. ~la,~ ,¢~ae•~..T.A~o hor.~ a cam lr sr~eP NeJ tN orcl T General Requirement#3 Curd b1r^ds canpe~ and •ft~nnr~,,u ~~~ dRys , P 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." T have C: I+EC! W lei all a ~' ~rY+y ntr ~ 6o7S pn ho~C srdrj- Sarrcnrcrrr by Appliccurt: o .~ . f~ C S~la¢ ~ .~s S-fu~cel bP•~ur-r ~./~~ a r. t ~ o,~/~ t r ~~ . .Da~ •(a-ts on ~--~t S~f •~tre art also d o~fr nrm -wcYlCr n,o~-(ers wJ~o ~~>' scl~~ryp t C~r[d~uN a rbSCh~l. yrnCr 1`~+rrt 4K !lo s~r,4hs orc~/drfco-~ ~t l ~hf ~c~c wrt/ no be art ••ti~tc7D~s w/,tcl skoulct' rn wu 4n u~ ~c a•dJ ~r or abet}-l, ~-~pPrhrs • ~w~ll cbc !Qd ~ J C~ ~y •~ st ned s{~irncn~ fivY+~ ~y ~erq~Ixtls tf° nce~l b `L U~clo! ~i(so Irl~ fa a9 d ~-! S' l~arrc beta ~xchrityVSpeual ~oluc~~vr~ ~r I ~ yPc~„scri+~l /~,~.e /Ytcna~cd as lnr~uC~ our r loD chrfd~v,u ~ act, artc~ General Requirement #4 ~/ lt4 q~ ~ Su ac c'SS . The Board must find "that the location and char ter of the use if developed according to the plan as submitted and appro~•ed will be in harmony with the arcs in which it is to be located and in general conformity with the plan of development for New Hanover County:' SuucmerrrbyApplicant: ,_ ~ctrc glnQac~Y s`ia~-z°! ~+t '~tc~ .f{~c,~ _' c~ q S~,lt R-~ ts`~eo( Sr"'a 11 o(a..~- ca.a,t hurr,c ~ T a lso d r`scusscd ~.e ~ assr~i/riir of'a ~aler dadeJ f» be cm,~ A lretus-ed ~ct~t hcr~+t pecy -Ca.~.e wr!-~C.,.Jl ~vtnr{ Qa~4n `~'t.u"~ b1 ~,[a( ~vvcac`/..Courtcr~ - 51~.c to f~r.r1-~cd ~{ ~a~ 1~S~i.cuQc~ h a ~- b C a ra f/ni rh W CW Cj.~t S~IYi•c cf wt un,l ~'a c t !r h is ~-lia •~ a he a Ir-Cad but I f r>v Cr e • seek ~ 1 f 1~~ far wse dy ~1.~,{ Cl,r(d~.~ us u~p gsn-,rc6 y alt ~4-fir Frn~ a xd but (drnq Coats The Zoning Ordinance in some instances, also imposes additional specific requirements on the use requested by the applicant. The applicant should be prepared to demonstrate that the proposed use will comply with each specific requirement found in section 72 , (as applicable). HdShe should also demonstrate that the land will be used in a manner consistent with the plans and politics of New Hanover County. The Board of Commis- sioners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the Special Usc Permit. I certify that all of the information presented in this application is accurate to the best of my knowledge, informa- tion,and belief. 38 Signature of Applicant and/or Owner r e PETITION SUMMARY SHEET . _ .. Petition~Number: 5-411 Owner: L• Mitchell ~ Representative• Same Request: In-home Day Care Tax ID Number: 6616 Acreage: APProx. . ~0 .acre LOCation: 1_?6 ni array nr LAND USE, ZONING, UTILITIES and SERVICES .Land Classification: Urban Transition . Existing Land Use: Residential Zoning $istory: Area originally zoned 10/15/69. One special Use - ~rant-aA fir c^hi lA ~a~- ~~rP nn •KP11~, Rr1 ~~.>•~~;~..~•~-~-0. Watcr Type: Community Scwcr Type- County Fire District: Winter Park Rccrcation: - H»qh _•~1[`Raca Road Acccss: Disney Dr. Yolume: • • Unkno~an School. District: Winter PaYk ~~ • • (~ MISCELLANEOUS PHYSICAL CHARACTERISTICS Ilt- • Watershed andWater Quality Classification• t~'hiskey Creek (SA) Fringe of Primary Area Aquifer Recharge Area: ~( Conservation Resources: -None I)u _ . $istoric Y,andmarks and Archeological Sites: None r Soil Typc(a) and Class: N/A: developed Septic Tank Suitability: N/A: developed ~ • Prime Agric~ltura] Soils: nP~~P~~nP~ Building Suitability: _ Developed ~• •• • This page intentionally left blank 40 ~;j ~`°^w t ~~~ ?g~ Ra b tY4 z, D °mm<°°° a pC~-mmm ..d J CCim OmZ ~~ yO J ~ZOmCpn7oz ••'~ 00 O~m~~3777 rC~1 ~ ~ ~ O r ° 0 0 ~ ~osC,m,,mw 3~ a~aa mm ~• z==~~~~ ~ m~am==r rn r~ mpT~ na C'~~ra z~ xa°9 m mCn~~ ~ ~ a= a{ ram= Z o° a c~ „~ . ® z . ~ F °_' ~ S~ ~ a m' N z my p it ~~ ~ o `'c - bS y m .~ C77 .~ ,- .~ ~'~ ~i ~ r ~~° ~ 5~ ti¢ ~ ~::~~ ~ ji N LOCATION MAP NOT TO SCALE ``~~J~~`CARO( j~ ~i'/i oQ ~V~S~ ER~cO~ = A j~ S~ q 0~ v . ((Q~~ V/ Q .m / . __~ . -~ Z34.s3 ~%CM C -~ ~Q~ 20 ~ ~ ~Y ~~ LoT82 ~ _.. 5 72. ~, E 104.24 - - ~ ~ Q` \ w IN I ~enCCd 11J ~S ~ ~~~ ~ ~~ x a ~ ~ ~ ~ - 5TOF~Gg ' I .o - ~ I IX ~ 1 GE ~~~ ~ °. / 3 a ~ ~' ~~ ~o cn - I aR,~ . `` ; Ia / ~~~"~~ME > N lm I 5T"aP~ 6a~ Q ~ >'~ ~ 3z, g I ELK cAT182 / I - Lor I$o ~ / J o - ~ V -75' i I ~ 30" w cla. io~.41 ~~s~c~ SU~2VE~ ~2.EF: . MAC' 130D ~C 18 ~'AG 1/ l d This !ot !^,,c,;taG r ?~'~r;C ~ , as sho4v~ on Flht~ ::,cmm~rity-Pan~i .37D l ~, ~ G G`~ --_~ , . -,TED . 3 - ~, ` PLOT PLAN for MIG1-{A E L A. MITGNEI,L ~w-FC LINDD~ E. MITGNELI~ . L07 ~~I SECTION ~'A SUdDIViSION MIIrLB{`DOK MASOtJgQ~,O TOWNSHIP NEW HANOVER CO. N. C, SCALE.:~~ .40~ -2~.~~ri.~.~ ~~>~~ DATE L1. 21-9~ MARK A. STOCKS H.C. Reyisfratioe No. L-3658 RCN ~~°~B'30"W . GL-}. 19. G 5 r~~iv~ `~-i3~~~ s s a t i r i. i i i REQUEST FOR BOARD ACTION Meeting Date: 09/02/97 .Regular Item #: D Consent Item #: Additional Item #: Department: Planning ~ Presenter: D. Hayes . . Pa a Count In A enda Packa e: 6 .. Contact: Pete Ave SUBJECT: Special Use Permit (S-412, 8/97) BRIEF SUMMARY: Request by Cinnamin Herring to convert an existing dwelling at 110 Elisha Drive into a child daycare center for up to 25 children. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board recommends denial. rvNUINU SOURCE: Federal S: State S: County S: User Fees S: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: ' LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• GOUNT'Y C~MMi~NERS Ap~~ov~Q r~W, - - .. REJECTED t~ RfrMQVED Q POSTF~pNI"t3 Ct r-, ~f HEARD p I Refer to Off ce Vision Bullctin Board for Disposition ATE ~~/2~'~`9 7 .~~.r~ ITEM D D Special Use Permit- Request by Cinnamin Herring to Convert an Existing Residential Structure at 110 Elisha Drive for a Child Day Care Center Housing up to 25 Children. -- ~~ (5-412, 8/97) Planning Board Summary u Though the Board.recognized alarge public demand to provide quality day care in the County, they voted unanimously to recommend denial of the petition. They were primarily concerned with the size of the facility being located in an established neighborhood. In support of their decision, they agreed that the location of afree-standing day care center would be incompatible with existing residential uses. A number of nearby property owners appeared in opposition. They too felt the planned use would be incompatible with their neighborhood. They argued the use would drive down property values, increase traffic congestion and make it easier for similar requests to further erode the character of the subdivision. 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 will be served by private water and County sewer. B. The site has direct access to Elisha Drive. . C. The site is located in the Ogden VFD District. D. Interior modifications will be made to comply with State day care licensing requirements. E. A fenced play area will be provided. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. A site plan as required by the Ordinance has been submitted. B. The applicant plans to construct a driveway so that pick-ups and drop-offs can be made without backing into the street. C. A four foot high fence will be constructed to the rear of the center to enclose the play area. D. Adequate area is available to meet off-street parking needs. Including the applicant, four additional employees will be hired As a result, a total of nine parking spaces will be needed. The required ratio is one space for each employee plus four spaces for patrons: 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 uses include single family dwellings. B. The County has issued numerous special use permits for child day care in residential districts. There is no record of a special use permit for a day care service for any nearby residential structures, however, there are several registered in-home day care operations in the adjacent subdivision. 4. The Board must f nd 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 confor; nity~"w,~'fh°~plan of development for New Hanover County. ~.2 The applicantd'oes`~not~plan to make. substantial structural modifications to the buildings ~j .exterior. #~4 u .b ~'~~~ . ~~ B. Extensive parking and access improvements will be needed to accommodate the employees and . - the additional children. ~ C. The residential use will be terminated. ~' Comments -Have applicant specify if site identification sign will be used. ~~ ~ -Clarify the number ofoff-street parking spaces. -The County has never issued a special use permit in a residential district where the ezisting dwelling was completely converted to daycare services. Typically, in-home child day care involves ,~t an owner-occupied dwelling. ~~ . ~~ .'. - ~, ~r ~r . 1 .,' ~ ~ ~ ~~ 43 ~ - ~- 44 ~. ~-- i ~~ i ~i, f~ i ~~~ -t- ji l _'. 7 C1 i - --------- ......... ?~ ~- ~ ~ - - -- -f-- v -. -f . - _ ~ . f . 25 b'eef' t~ r 3 k - ~~ ~ ~~ / fl ~ ~ ~ ~ ~ M 1 </ ~• ... _ ~ ~ ~ N ~ ~. m \_ __. .._ \ ~ ~ 0 3 O N ~ s p ' = V ~ ;• m y ~. Vii'' ~ $ "'' z ' ~' ~ ~~ ^ d T ~ ~ ~ lP i r j > ~ ~ ~` ~ ~ 55 C.S 3.~ ~~ ~ ;~ c.9 x (° ~ ~ ~ ~ - c.s ~ '` :: 1 ' , _ 8 N ' T W f - -! ~ ~ ~ ~ a ~ t( K' b . N ,. ~ -.-. Q ~ 9~ 1 ~~. ~ _. ~, ~. P .. _ _ ~ "' ~~ 0 ~~ ~ ~~ R ~ c ~~ Cry H ~~ ~ F o ; ~. fl A Q...~ 1 ,~ ~ ~ ~. O 0 ~ ~ 7 ~ eef" _ ;~ __, PETITION SUMMARY SHEET . ~- . . _ _ Petition~Number: 5-412, 8/97 ~` B n & Ci i H i e Owner: _ nnam n err n g Representative: dame ' Request: Child Day Care ~ Acreage: 20,000 sq. ft. Taz ID Number: 5007 ~ ' Location: ~ i n Fi ~ ~ha nr ~~ . LAND USE, ZONING, UTILITIES and SERVICES • Land Classification: -Urban Transition. Existing Land Use: - Residential Area originally zoned 8/18/71. No rezonings to Zoning History:.' ,report for nearby parcels. Water Typc: ~~ell Sewer Type• County Fire District: ~c,~~3en Recreation: - ' Ri a ~ r Nnh~ P Road Access: Elisha Dr. Volume: ~ Unknown School District: Blair ~ ' MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed and Water Quality Classification• Bradley Creek (Sc) Primary Aquifer Recharge Area; Conservation Resources: None. ' Historic Landmarltis and Archeological Sites: None ~. Developed soil Type(s) and class: Septic Tank Suitability: Developed Prime Agrict~lturxl Soils: None Building Suitability: _ Develo d r General Requirements #1 We will work in accordance with The Health and Sanitation Department to ensure that sewer and water systems are healthy and safe. The property is presently serviced by a private well and County sewer services: Kthe site is located in an area designated to be annexed by the city in the- near future. #2 Our plans for a Small Daycare Center are being made with regard to all the requirements and conditions supplied by the local Childcare Consultant (Vicki Daughtery), the Fire Marshall, and the Health Department as well as the New Hanover County Planning Board. All plans are being~made and carried out with the condition that they will pass all inspections and be approved by the state for licensure. #3 In our efforts to make informed decisions about opening a childcare center, we have carefully researched the area in which we plan to open the center. The nearest childcare center in relation to the proposed site is "Classy Bears." Their enrollment is at a maximum with a long waiting list. This and other noted factors including a list of people calling my home in need of "quality" childcare in the area proposed provide convincing evidence that the proposed use of the property is of public necessity. It is also the opinion of a real estate appraiser (the co-applicant Ben Herring) that the proposed use would not substantially decrease the value of adjoining or abutting properties, but rather, could add to the value of the subject. and other surrounding properties. #4 The convenience of childcare near a neighborhood would be a plus. The location of the proposed center is directly in front of a church. The property is the third house on a subdivision entrance street with vacant, unrestricted land directly across the street. The location is near Market Street and is convenient for the people coming from the Ogden area into town for work. Since the subject is located at the entrance of the subdivision and is proposed only for a SMALL center, the traffic should not cause congestion to the neighborhood. A circular drive is planned to make entrance and exit to the facility quick and hassle-free. 46~~ ~ s,,. ~~~m~ ~~ ~~m ~ ~ ~~ ~~ °~ ~ ~ may ~ ® ,~ ~~~® ~~ ,m ~~~ ® ~, e mmmm ~ ~0b b - ~,,,o ,$~ ~° /\ Tm OC'),w9 yC7 ~ OC/)'D Cn 'D~ ~ ~' CD9=nr ..d J. z~m~r~ d O N n~xD°~o '~~ ODD r~7p~m37Z ~d-~D vy <77m~ ~ fD ~ n~m~<m D1 j n m m ~ n-mi~~<S ~~ - ~~ ~ 7C X-~Gti~m = Orrr ~ ADZ = ~~ ~ ~a ®_ f. s°s o ~~ $~ ~o 4 0 25 y w e„ , N ~. „~, ~% D s• , T W C' O ~ - ~ yn m ~v \1 j 1 1 1 1 l 1 1 1 1 1 1 1 1 1 1 1 1 1 1 REQUEST FOR BOARD ACTION Meeting Date: 09/02/97 Regular Item #: E Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Pa a Count In A enda Packa e: 14 Contact: Pete Ave SUBJECT: Special Use Permit (S-413, 8/97) BRIEF SUMMARY: \ Request by GTE Mobilnet to construct a 150 foot monopole at 5501 Greenville Loop Road on the site of an existing CP&L electrical sub-. station. The property is zoned R-15 Residential. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board recommends approval. k~UNllING SOURCE: Federal $: Stye S: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: LGL: FIN: BUD: HR: COUNTY MANAGER'S OMMENTS AND RE OMMENDATIONS• Refcr to Office Vision Bulletin Board for Disposition COUNTY ~MMiSSiONERS AP~f~dv~a ~ ~ , REt~C'f Q R~MOVI:a .~~ P~sir~Na- ~ 47 M~ARD Li ~, 4~Afi E ...~..~1~..~r: ITEM E_ . ~. Special Use Permit- Request by GTE Mobilnet to Construct a 150 Foot Monopole Communications Tower and Related Support Equipment at 5501 Greenville Loop Road on the Site of an Existing CP&L Electrical Substation. The property is zoned R-15 Residential. (S-413, 8/97) NOTE: This application was initially submitted pursuant to the new proposed rules relative to the placement of communications towers. As you may recall, the proposed rules require the vendor to submit written verification of collocation efforts and an affidavit concerning compliance with other Federal laws. The proposed rules also significantly increase setbacks for these structures from existing residential uses and set standards for buffering. Those new rules were adopted the County Commissioners August 4 1997. Planning Board Summary The Board voted unanimously to recommend approval of the application pursuant to the site plan submitted. They also agreed to permit the applicant to use existing vegetation owned by CP&L to satisfy the buffering requireme>;ts provided however that if the owner for whatever reason removes those trees a replacement buffer will be provided. ' No one spoke in opposition but Staff read a letter it received from an adjoining property owner stating that erection of a tower would deter his/her planned construction of a new home. 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. This type of use does not require water and sewer service. B. The facility is un-manned C. Access to Greenville Loop Road will be provided by a 20 foot access easement. D. The site is located in the Seagate VFD District. E. There is no scientific evidence to support the low level electromagnetic waves generated by these types of towers poses a health risk. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. A site plan pursuant to the Zoning Ordinance has been submitted. B. The applicant proposes to comply with proposed rules related to the placement of towers. he ne~l~es~~~~~the current minimal standards now in effect. C. Commurucat~on towers and related structures are permitted by special use permit in the R- 15 Zomwng D~stn~atThe site is zoned R-15. ~~jj<, ~CJLhe Board"~'rnust~fnd~ttiat the use will not substantially injure the value of adjoining or ~: ~" abutting property or that the use is a public necessity. - - A - The proposed tower would be located on a site already occupied by a 230KV electrical substation. B. The nearest residence to the base of the tower would 225 feet away. A large grove of trees is located on the east_ and west sides of the tower site. The trees' average height is S0 feet on the east side and 98 feet on the west side. The applicant proposes to utilize the existing dense foliage to serve as a buffer for nearby residential uses. Moreover, additional plantings will be provided west of the entrance to promote ground level visual opacity between the equipment building and residential uses in Clear Brook. 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. Adjacent land uses include Clear Brook Estates to the west, a dog kennel and ' residential uses to the east, a substation to the north and residential uses and a sewer pumping station to the south. B. The tallest manmade structures in the area are the support towers for high voltage overhead electrical transmission lines. Additional Comments , **As noted above, the applicant's proposal is made relative the new rules proposed for the placement of towers in the unincorporated County. * *. -Setbacks proposed far exceed current minimum standards -The applicant has submitted a written certification, signed by their radio frequency engineer that ' there are no other structures within the search area that would meet the design objectives of the site proposed for the new tower. Staff notes that the nearest communications tower located in the area is a 130 foot monopole owned by 360 Communications. It is located to the northeast at the corner of Park Avenue and Hinton Avenue, which also happens to be just on the edge of the applicant's search area. The tower at Hinton and Park was approved with a requirement that it be designed to -' accommodate collocation. -An affidavit certifying the proposed tower complies with Federal environmental and communications rules has been submitted. Please note the tower is not in the 100 year flood plain, does not affect any historical or archeological resources, or impact plant or animal habitats of special significance. A Level I environmental study has been commissioned .-The new tower will be designed to accommodate at least one additional vendor. 1 49 vv nai xou 1vlust :establish ~`or A, Special Use ~'erxnic Q Authority to grant a Special Use Permit is contained i;, the Zoning Ordinance, pursuant to section 71. The Zoning Ordinance imposes the followin; General Requirements on the use requested by thc~applicant. Under _ each requirement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these «quircmcnts: (Attach additional pages if necessary) General Requirementlfl ~ The Board must find "that the use will not materially endanger the public health or safety if located w•herc pro- posed and developed according to the plan as submitted and approved:' ~ Statement by Applicant: The existing 11.36 acre tract is currently used as a 230 KV electrical power sub-station. The proposed • cellular facility would not materially endanger public ~' health or•safety. General Requirement #2 The Board mast find "that the use meets all required conditions and specifications" of the Zoning Ordinance:' Statement by Al~pliearrt: The proposed use as a cellular facility meets 'all required conditions and specifications of the New Hanover County Zoning, Ordinance and meets all required setbacks. Gcncral Requirement #3 The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." Statement by Applicant: , The proposed additional use of the proFfezty as a cellular telephone facility will not substantially injure the value of adjoining or abutting property inasmuch as the existing use is an electrical power sub-station. Gcncral Requirement;~4 7hc Board must find "chat 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 developmcn[ for New Hanover County." Sratcnrc.rt by Applicant: , The proposed additional use of the property as a cellular facility as submitted will continue to be in harmony with the surrounding neighborhood. The '. electrical power sub-station has been in existence• .' since the early 70's. _ The Zoning Ordinance in comr_ inctancr•.c alcn imnnc~c a~trlitinnal c.+.r'if~~ .~n„~r.rn.nrc nn r~.~ „~.. ,. ,,..,,.,~ {_,,, the applicant. The applicant should be prepared to demonstrate that the proposed use will comply with each specific requirement found in section 72 , (as applicable). HdShe should also demonstrate that the land will be used in a manner consistent with the plans and politics o! New I•iano~•er County. The Board of Commis- sioners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the Special Use Petmit. I certify that all of the infortnation presented in this application is accurate to the best of my knowledge, informa- tion,and belief. 50 -- ~ Signature of Applicant and/or Owner r PETITION SUMMARY SHEET Petition•Number: S-413, 8/97 Owner: CP&L Representative: GTE Mobilnet '~. Request: Communi_oations Tower f i50ftAlcreage: 11.36 Tax ID Number: 6200 Location: Greenville Ln. Rd. • LAND USE, ZONING, UTILITIES and SERVICES • L"and Classification: Resource Protection ' Existing Land Use: CP&L Substation Zonin Histo ••• Area originally zoned July 1, 1972. No rezoninas g ~'• - t-c~ rPn~rt nn naarhv trarf-c ' • Water Type: N/A Sewer Type' N/A • Fire District: ' Seagate Recreation: Hugh McRae Road Access: Greenville Lp. Rd. 'volume: 9, 200 ADT (1995 ct~ N/A.Non-residential use School District: . ' MISCELLANEOUS PHYSICAL CHARACTERISTICS Hewletts Cr k ee Watershed andWater Quality Classification• Aquifer Recharge Area: Fringe of ~.r; mar~r r~~- ar,~Q Conservation Resources: None ~, Historic Landmarks and Archeological Sites: Non' = ~• - ' • -- ° • ° • • -• ~-• Prir:larily .Craven (Cr) - Class III Soil Typc(s) and Class: Septic Tank Suitability: N/A No .sewer .needed ~ ;~ ~ _ _ ~ ,t Prime Agric~iturx.l Soils: Craven fine sand • '- Building Suitability; _ Some limits _ due to wetness - GTE 1~lobilnet 6501 Weston Parkway Suite 100 Cary, N C 27513 -~ - ~ (919) 481-6400 NEW HANOVER COUNTY PLANNING DEPARTMENT CERTIFICATION OF CRITERIA FOR PROPOSED 150' MONOPOLE GREENVILLE LOOP ROAD CELLULAR SITE GTE MOBILNET OF WILMINGTON II INCORPORATED This certification is provided at the r°quest of the 1!'etiv Hanover County Planning Department in accordance with the New Hanover County Communications Tower Ordinance No. 69-17 as amended, Item D: , (D.) The applicant has attempted to colocate on existing communication towers, buildings or other structures and the applicant is willing to allow other users to colocate on the proposed tower in the future subject to engineering capabilities of the structure, frequency considerations, and proper compensation from the additional user. Response: See attached Technical Certification of Collocation Criteria. 52 A part of GTE Corpora;iat~ ~_l NE~V HANOVER COUNTY - ~ PLANNING DEPARTMENT TECHNICAL CERTIFICATION --- .... . _ FOR ' ~ PROPOSED 150' MONOPOLE GREENVILLE LOOP ROAD CELLULAR SITE GTE MOBILNET OF WILMINGTON II INCORPORATED . I Terry Hazel ,Radio Frequency Engineer for GTE Mobilnet of Wilmington, II Incorporated (GTEM); hereby certify that the following facts regarding the technical requirements for the proposed Greenville Loop Road cellular site are true, accurate and relative to the proposed location of the cellular transmission facility. ' DESIGN OBJECTIVES: Utilize basic design principals of our cellular system to obtain the necessary capacity relief on the existing Wrightsville Beach cellular site and the Myrtle Grove cellular site through the construction of the Greenville Loop Road cellular site so that the customer demand for cellular services in this area of Wilmington can be met. SITE SEARCH AREA: The attached map illustrates the site search area for the proposed tower V location. A structure, building or existing tower located within the radius of the circle shown would meet the design objectives of this cellular site. There are no other existing towers or water tanks located within or near the search area shown, and therefore a tower in this location is necessary. ' CO-LOCATION: This proposed 150' tower will conform to standard EIA/TIA - 222- E for 110 mph wind speed with no ice. It will also be designed for two telecommunications carvers, GTEM and one other carrier. GTEM has made provisions in the lease document with the landowner to sublet space on the tower ' to another telecommunications carrier, if necessary. 1 By: c, 'Terry ~ azel GTE Mobilnet of Wilmin ton II Inco orated g rp ' 6501 Weston Parkway, Suite 100 Cary, North Carolina 27513 ~-- (919) 481-6400 ~ 53 - Apart of GTE Corporation ~~ GTE Mobilnet 601 Weston Parkway Suite 100 __ _ Cary, N C 27513 (919)481-6400 NEW HANOVER COUNTY PLANNING DEPARTMENT CERTIFICATION OF CRITERIA FOR PROPOSED 150' MONOPOLE GREENVILLE LOOP ROAD CELLULAR SITE GTE MOBILNET OF ~VILi11INGTON II INCORPORATED This certification is provided at the request of the New Hanover Count}• Planning Department in accordance with the New Hanover County Communications Tower Ordinance No. 69-17 as amended, Item F: - (F.) All applicants seeking approval shall also submit a written affidavit that the construction or placement of such structures meets the provisions of the Telecommunications Act of 1996, the National Environmental Policy Act of 1969, FCC Rules, Sections 1.1311, 1.312, 1.1307 and all other applicable Federal, State and local laws. Response: See attached Affidavit of compliance. 54 A part of GTE Corporation AFFIDAVIT OF COMPLIANCE WITH PROVISIONS OF THE TELECOMMUNICATIONS ACT OF 1996 AND THE NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 AND FCC RULES SECTIONS 1.1311,1.132,1.1307 I, _Scott B. Smith, Administrator of Site Acquisition, for GTE Mobilnet of Wilmington II Incorporated hereby certify that the proposed construction of a cellular facility at 5501 Greenville Looa Road in Wilmington, New Hanover County, North Carolina meets the provisions of the Telecommunication Act of 1996, the National Environmental Policy Act of 1969, FCC Rules Sections 1.1311, 1.1312, 1.1307 and all other applicable Federal State and Local laws. GTE Mobilnet, at the time of this Application, has contracted with an Environmental Consulting firm'to perform a Phase I Environmental Assessment and a FCC Environmental Compliance .~ Report which will be forwarded to the New Hanover County Planning upon receipt. Preliminary indications are that the proposed cellular facility will meet the provisions of the National Environmental Policy Act of 1969, and the FCC Rules, Sections 1.1311, 1.1312, and 1.1307, and the reports will support these indications. ' y ~ '"7~/ o ~Gj 7 Scott B. Smith Date STATE OF I~'ORTH CAROLINA) COUNTY OF WAKE) • Personally appeared before me, the undersigned, a Notary Public in and for said State and County duly commissioned and qualified, Scott B. Smith, with whom I am personally acquainted, and who acknowledged that they executed the within instrument for the purposes therein contained. Witness my hand and seal of office this ~ day of , 19~1~, ~~,~ ~~"'""~~,., NOTARY PUBLIC o•D ~' '' ~x:~ - . ? - My Commission Expires: = 7 ~. P(Jg~~C (NOTARIAL SEAL) ''~~ri'~'~`r. ' A part of GTE Corporation - i GTE Mobilnet J U L 2 4 RECD FCC Checklist Greenville Loop Road Tower July 17, 1997 New Hanover County, North Carolina GeoTechnologics Project No. 1-97-0690-EA .. .. GeoTechnologies, Inc. has completed the supplemental Environmental ~-- Compliance checklist for the proposed Granville Loop Road Tower site in New Hanover County, North Carolina. The site is situated in a .residential area accessible from Greenville Loop Road and had recently had large timber harvested from the subject site. Our report was based on our July 15, 1997 site visit and document research completed on July 16, 1997. The findings of this report are relevant to the dates of our site reconnaissance and research. This checklist was prepared to the best of our ability for GTE Mobilnet and their authorized users. r' Designated tiVilderness Areas: Based on information provided by the North Carolina Wildlife Commission, the site does not appear to be located within the boundaries of an officially designated wilderness area. Listed, Threatened, or Endangered Species, or Proposed Critical Habitat: Based on information provided by the North Carolina Natural Heritage Program-Division of Parks and Recreation, the subject site was not mapped with any listed, threatened, or endangered species or proposed critical habitat. Proposed, Threatened, or Endangered Species, or Proposed Critical Habitat: Based on information provided by the North Carolina Natural Heritage Program- Division of Parks and Recreation, the subject site was not mapped as a proposed critical habitat. Historic Places: Based on a review of the information provided by the North Carolina Natural Heritage Program -Division of Parks and Recreation, the subject site is not likely to affect districts, sites, buildings, structures, or objects listed or eligible for listing in the National Register of Historic Places. Floodplains: Based on a review of the FEMA/FIRM Community Panel No. 370168- 0085E, revised September 3, 1992, the facility does not appear to be located within the 100-Year Floodplain although the 100 year Floodplain surrounds the proposed tower site. A review of the Community Panel referenced above indicates that the 100 year Floodplain elevation is at 11 feet msl. The proposed- tower compound is located at .approximately elevation 14.5 fee[ msl. Portions of the grave! access path are located in 5 ~e 100 year flood limits. >::,:.. \\\\` =~ 1 GTE Mobilnet Greenville Loop Road Tower New Hanover County, North Carolina FCC Checklist July 17,1997 GeoTechnologies Project No. 1-97-0690-EA Surface Features: Based..~on information provided by GTE Mobilnet and GeoTechnologies on-site observations, the construction and operation of this communication transmission tower site does not appear likely to involve a significant disturbance of wetlands, or water diversion or surface features found on the subject site. However, the surrounding areas has been recently harvested for large timbers. Zonina/High Intensity White Lights: According to information provided by GTE Mobilnet, the proposed tower is to be a 150 foot monopole tower and the tower will not likely require high intensity white lights. The FAA will dictate the use of white lights, if needed, at the proposed tower site. The proposed tower location is located in a~ area zoned "R-15" by the County of New Hanover. A special use permit will be required for tower zoning. Radiation Exposure: 'Based on information provided by GTE Mobilnet, the tower .:.. proposed for this site is a monopole of standard confiwration and is expected to meet the radio frequency radiation exposure limit standards as set forth by the FCC in the Telecommunications Act of 1996. I l L 1 GTE Mobilnet FCC Checklist Greenville Loop Road Tower July 17, 1997 New Hanover County, North Carolina GeoTechnologies Projcct No. 1-97-0690-EA EN~RONMENTAi, COiVIPL.IANC , ,C'Ki I4T Yep ~ .~. Will the facility be located in an officially designated wilderness area? ~ Will the facility be located in an officially designated wildlife preserve? .-X,. Do any listed, threatened, or endangered species or designated critical _ habitats exist on the property? ___X_ Is the facility likely to jeopardize the continued existence of any proposed endangered or threatened species or likely to result in the destruction or adverse modification of proposed critical habitats? ~ Will the facility be located in a Floodplain? ___X_ Will the construction of the facility involve a significant change in surface features (e.g., wetland field, deforestation, or water diversion)? ___g_ Will the tower be greater than 200 feet in height or located in a flight path? x Is the facility listed or eligible for listing in the National Register of Historic Places? ~~f~-,-L,- .7. Signature 58 7~~~9'~- Date ~ PB~L Carolina Power 8 light Company PO Box 1551 411 Fayetteville Street Mall Raleigh NC 27602 . --- August S, 1997 Mr. Scott B. Smith Administrator -Site Acquisition CELLULAR ONE 6501 Weston Parkway, Suite 100 Cary, NC 27513 Dear Mr. Smith: This letter is to address your request regarding placement of cellular antennas on one of the hvo transmission towers located on CP&L property near the Masonboro 230 kV Substation on Greenville Loop Road in Wilmington, NC. CP&L evaluates the placement of antennas on transmission facilities using the following criteria: 1. Personal and Public Safety ' 2. Risk to the Transmission System 3. Customer Risk of Outages ' 4. Structural and Electrical Compatibility's 5. Ability to do the Work These items are in no particular order of importance except for the first item which deals with Public and Employee Safety. CP&L must deny the request to locate the antennas on one of the two structures due to Structural and Electrical Compatibility since the CELLULAR ONE antennas will increase the wind loading on the structure by approximately 15 to 20%. The hvo structures presently have a reserve or overload factor of 10%. Since the antennas would increase the stress in the structure to more than the allowable and would increase the likelihood of structural failure during storm conditions, we must deny the request to place the antennas on the facility. t We regret the incompatibility on this site and will welcome the opportunity to locate. antennas on transmission structures on other projects in the future. If you have any questions or comments, please feel free to give me a call at (919) 546-6577. 1 RNH/mis ,_ U:1mis\word\CELLULAR(rod).doc .c Mr. D. Daniel Mr. D. R. Lightfoot Mr. L. T. Mazzocchi Sincerely ~~ ~H~4L/ ~.d~nE ~, td ~-~-- ~ Rodney N. H`tcherson, P. E. Supervisor Transmission Line and Substation Engineering 59 This page intentionally left blank 60 ,... ~` C' 1 REQUEST FOR BOARD ACTION Meeting Date: 09/02/97 2egular Item #: F Consent Item #: Additional Item #: department: Planning Presenter: D. Hayes ?age Count In Agenda Package: 3 . -. Contact: Pete Avery SUBJECTi Subdivision Text Amendment, continued item (A-282, 6/97) BRIEF SUMMARY: Consideration of a proposal to allow the County to enter into local agreements with the City of Wilmington for the construction of roads whose costs are funded by developers. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board recommends approval with modifications. rylVlllNG SOURCE• Federal $: State S: County S: User Fees S: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: ' COUNTY MANA DER' COMMENT AND RECOMMENDATIONS ., . . COUNTY COMMISSIONERS ARPROVED ! RE.{EC7EC1 Q REMOVED t~ f . P45TP~}NER ~~~,6 Refer to Office Vision Bullctin Board for Disposition ~'~`'^~~ ^'~' ~ i LA..hrtG S2~aiur~..~a~.~2l~ld _ .. - .ITEM F - ,Subdivision Teat Amendment- Consideration of a Proposal to Allow the County in Cooperation with the City of Wilmington to Collect Funds for Certain Street Improvements Whose Costs are Funded by Developers. (A-282, 6/97) Planning Board Summary - This item has been presented to the Board on two occasions, once in June and once in July. The item was continued for further study from the June meeting due to concerns for the proposal's formula to calculate the funds paid by the developer based on trips per day from the project. In the interim, Vce-chairman Harris offered to rewrite the proposal. At the July meeting, the Board was advised that the State law requires the formula to be based on trips generated by the development, -not a proportionate amount as suggested in Mr. Harris's rewrite. The Board also discussed what the City's official position might be and how urban Counties like New Hanover were hamstrung by the lack of authority to build needed roads. Chairman Shanklin told the Board he would contact Assistant County Attorney Burpeau concerning the City's receptiveness to an interlocal agreement and Representative Danny McComas concerning the inability of urban counties to independently construct needed roads to meet transportation goals. At the meeting in August, the Board, after a lengthy discussion on how to equitably assess the ultimate users of the roads, unanimously agreed on the following revised wording: 52-4 treets (E) In lieu of any required street construction necessary to serve the subdivision being developed by the developer, the County n:ay allow the developer to provide funds for the development of roads, including design, land acquisition, and construction for the subdii~ision. Any funds collected for this purpose shall be transferred to the City of )~Imington in accordance with an interlocal agreement with the County. The amount ojfunds paid by the deti~eloper shall be based upon the trips generated from the subdivision by occupants, residents or invitees. The Planning Board may also allow a combination of partial dedication of constructed streets and partial payment of funds when such combination is in the best interest of the citizens of the area to be served Planning Staff SummarX At a recent Subdivision Technical Review Committee meeting of the Planning Board and again at the Planning Board Meeting in May, members expressed an interest in a proposal by the Staff to pursue a text amendment that would allow the County in cooperation with the City of Wilmington to collect funds for certain street improvements. The ordinance which is authorized by NCGS 153A-331 would allow the County through the City to facilitate the construction of needed roads in certain subdivisions where the developer was unable to do so because of problems with ownership or the unwillingness of adjacent property owners to sell their property. Such street design issues arise infrequently but are often times critical in providing the best traffic and transporta~tion~~pla~nni~nglfor~the(,benefit of future residents in the areas to be served. The use of this planning tool ~s depe~nde~t~~o~nQeooperating with the City and establishing an interlocal agreement. The terms of any agreernentwould~_have to be customized for each unique situation. 62 . __ ~ r~ - ~~~°~ri~ ~.rovei~ ~= ~+~=srst ~'`5fi,r~t!• ~~ ~~f~~3~Fxfa~s' ~t~~-~-~•,-K• PLANNING LEGISLATION Sd .. .. - property boundaries, including the radius and other data Eor curved property lines, to an appropriate accurary and inconformity with good surveying practice. Asub- divisioncontrol ordinance may provide that a developer may provide funds to the Recreation funds - county whereby the county may acquire recreational land or areas to serve the development or subdivision, including the purchase of land which may be used to serve more than one subdivision or development within the immediate area. The ordinance may provide that in lieu of required street construction, a Bevel-. Street funds - oper may provide funds to be used Eor the development of roads to serve the occu- _ pants, residents, or invitees of the subdivision or development. All Funds received by the county under this section shall be transferred to the municipality to be used solely for the development of roads, including design, land acquisition, and con- struction. Any municipality receiving funds from a county under this section is authorized to expend such funds outside its corporate limits for the purposes speci- fied in the agreement between the municipality and the county. Any formu~ adopted to determine the amount of funds the developer is to pay in lieu of re- " quired street construction shall be based on the trips generated from the subdivi- sion or development. The ordinance may require a combination of partial pay- ment of funds and partial dedication of constructed streets when the governing `- body of the county determines that a combination is in the best interest of the . citizens of the area to be served. ' The ordinance may provide for the more orderly development of subdivisions construct;on - by requiring the construction of community service facilities in accordance with county policies and standards, and, to assure compliance with these requirements, the ordinance may provide for the posting of bond or any ocher method that will offer guarantee of compliance. The ordinance may provide for the reservation of school sites in accordance . with comprehensive land use plans approved by the board of commissioners or the School s;ces - planning agency. For the authorization to reserve school sites to be effective, the board of commissioners or planning agency, before approving a comprehensive land use plan, shall determine jointly with the board of education with jurisdiction over the area the specific location and size of each school site to be reserved, and this information shall appear in the plan. Whenever a subdivision that includes part or all of a school site to be reserved under the plan is submitted for approval, the board of commissioners or the planning agency shall immediately notify the ' board of education. That board shall promptly decide whether it still wishes the site to be reserved and shall notify the board of commissioners or planning agency of its decision. IE the board of education does not wish the site to be reserved, no . site may be reserved.lE the board of education does wish the site to bereserved,-the subdivision may not be approved without the reservation. The board of education ' must acquire the site within 18 months after the date the site is reserved, either by purchase or by exercise of the power of eminent domain. If the ~ of education has not purchased the site or begun proceedings to condemn the site within the 18 months, the subdivider may treat the land as freed of the reservation. ~~ The ordinance may require that a plat be prepared, approved, and recorded _:.__..__. ".:~~ .._,,..:~;,,.,~ ,.,}.nnvvPr a subdivision of land takes place. The following amendment would be added to the Subdivision Ordinance: 52-4 Streets , (add the following) (E) In lieu of any required street construction necessary to serve the subdivision the County at ,. its own discretion may allow the developer to provide funds for the development of roads, including design, land acquisition, and construction. Any funds collected for this purpose shall be transferred to the City of Wilmington in accordance with an interlocal agreement with the County. The amount of funds paid by the developer shall be based upon the trips generated from the subdivision. The Planning Board may also allow a combination of partial dedication of constructed streets and partial payment of funds when such combination is in the best interest of the citizens of the area to be served. 64 REQUEST FOR BOARD ACTION Meeting Date: 09/02/97 Regular Item #: G Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Pa a Count In A enda Packa e: 1 Contact: Pete Ave SUBJECT: ' Zoning Text Amendment (A-284, 8/97) BRIEF SUMMARY: Request by Staff to change the appeal period in accordance with NC General Statutes to two months from, nine months regarding causes of action challenging the validity of the Zoning Ordinance or amendments thereto. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning recommends approval. r'UNUING SOURCE: Federal S: State $: County $: User Fees S: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: LGL: FIN: BUD: HR: COUNTY MANAGER'S COMMFNTS AND RECOMMENDATIONS• C4UN~1! COMMISSIQNERS APPROVED f'-.~ REJECTED Q R~M~VED t3 PosT+~ru~o ~ ; 65 . ~H~EARD Refer to Office Vision Bullctin Board for Disposition~J~~•E ~,r„ ~~„~,,~~~{ - ~N-~~ ITEM G Zoning Text Amendment: Change Appeal Period in Accordance with North Carolina General Statutes to Two Months from Nine Months Regarding Causes of Action Challenging the Validity of the Zoning Ordinance ~or Amendment Thereto. (A-284, 8/97) Planning Board Summary There was little discussion by the Board and no public comment. The Chairman told members he had initiated the revision'to bring the code into compliance with State law. There were no questions and the Board voted unanimously to recommend approval. Planning Staff Summary Effective October 1, 1996, the North Carolina legislature revised NCGS 1-54.1. by changing the period of time one can effectuate an appeal to a court of competent jurisdiction to two months from nine months from the date of adoption of a zoning ordinance or amendment thereto. Though the effective date of that revision was October 1, 1996, the County's Zoning Ordinance was never modified to comply with the change. The purpose of this amendment is to bring the local zoning ordinance into compliance with State law Current Regulation 112-5 (5) A cause of action as to the validity of this Zoning Ordinance, or amendment thereto, adopted by the County Commissioners shall accrue upon adoption of the Ordinance or amendment thereto, and shall be brought within nine months as provided iq General Statutes 1-54.1 as amended. (7/6/82) Proposed Language 112-5 (5) A cause of action as to the validity of this Zoning Ordinance, or amendment thereto, adopted by the County Commissioners shall accrue upon adoption of the Ordinance or amendment thereto, and shall be brought within two months as provided in General Statutes 1-54.1 as amended. REQUEST FOR BOARD ACTION Meeting Date:. 09/07/97 Regular Item #: H Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Pa a Count In A enda Packa e: 2 .__ Contact: Pete Ave SUBJECT: Zoning Text Amendment (A-285, 8/97) BRIEF SUMMARY: Request to modify the conservation overlay district regulations by adding "cemeteries" as a category under , conservation resources. RECOMMENDED MOTION AND REQUESTED ACTIONS- The Planning Board recommends approval. r~UNll[NG SOURCE• ,Federal $: StAte S: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: ~ LGL: FIN: BUD: HR• COUNTY MANA R'S COMMENTS AND R OMM NDATIONS . COUNTY CbMMiSS~nNERS . APPROVEp ~;~ . REJECTED p REMOVED O . P©STPOJIIED Cl 6 7 HEARD p . Refer to Ofl;ce Vision Bulletin Board for Dispositio't~AT~ ...:. ~I2I""~"""~~ .....ITEM H O Zoning Text Amendment- Consideration to Add Existing Cemeteries as Regulated Conservation Spaces (A-285, 8/97) Planning Board Summary After a brief explanation by Staff concerning the reasoning behind the revision, the Board voted unanimously to recommend approval. Staff told the Board the revision would make it easier to identify and record sites affected by development, which in turn would make it easier to comply with state laws that require counties to account for abandoned cemeteries. There was no public comment provided. Planning Staff Summary The purpose of this amendment is to establish a mechanism to provide the same or a similar level of protection that is now extended to other important historical, archeological, and related resources commonplace in the County. Though a specific inventory has not been conducted, it is known that there are many existing cemeteries in the County. Many of these are small family oriented facilities and aren't usually discovered until a development proposal is submitted that affects the property. In many cases, these facilities have been abandoned, leaving the county solely responsible for their preservation. Current State laws place an unusual burden on counties to account for all known abandoned "public" cemeteries in their respective jurisdictions that are not established and maintained for the use of an incorporated town. An inventory is to be listed in the register of deeds and must name the parties that ovm and are in control of the property. In addition to the inventory, the law requires Counties to take possession and control of all abandoned public cemeteries. Moreover, the County must take steps to ensure that the cemeteries are preserved from encroachment and the boundaries are clearly defined. Taking control infers that a substantial commitment must be made to provide routine maintenance, such as mowing grass and trimming shrubbery and trees. Establishing this use as a conservation resource would not relieve the County of its statutory responsibilities, however, it would make it easier to identify the sites and preserve them. Under the proposed formula, 100% of such spaces would have to be preserved. It could also allow other parties to assume many of the duties that the County now has. As an incentive, the County might want to allow the acreage of the cemetery within a project area be included in the density calculation in return for the developer or a homeowners association assuming maintenance responsibilities. . The follow ngOrdinance~revisitons would be needed: -Revise 59.4-3 Conserva~'t~ o~F~R sources (2) Archeological/Historical Resources to read: (2) Archeological/H~rstor~`calwResources and Cemeteries ~~iise Worktable for Determining rtequired Conservation Space and Developable Land as `~7a~ 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 follows: Conservation Acreage of Conservation Minimum Resource Resource on Space Factor Conservation -importance value) Parcel ___ .... Space Cemeteries (13) 1.0 69 l This page intentionally left blank 70 ~ MEETING OF THE WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOM 301 SEPTEMBER 2,1997 - ITEMS OF BUSINESS 1. Non-Agenda Items (limit three minutes) 2. Approval of Minutes 3. Consideration of Award of Contract #97-043A; Contract #970423D Motu Creek Lift Station and Interceptor Adjourn 71 PAGE NO. 71 73 75 This page intentionally left blank 72:.x.. .. t i I REQUEST FOR BOARD ACTION Meeting Date: U9/02/97 Regular Item #: W&S #2 Consent Item #: Additional Item #: . Department: Governing Body Presenter: Lucie Harrell Pa a Count In A ends Packa e: Contact: Lucie Harrell SUBJECT: Approval of Water and Sewer Minutes BRIEF SUMMARY: Approve the minutes of August 18, 1997 RECOMMENDED MOTION AND REQUESTED ACTIONS• Approve minutes k U1V1)IN(T SOURCE' Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Bud et Amendment Pre ared: REVIEWED BY: LGL: pII~1: BOUNTY MA E Approve minutes. BUD: Rcfer to Officc Vision Bulletin Board for Disposition HR: COUNTY COMMISSIONERS APPROVED Lr/ REJECTEQ ~. REMOVED C POSTPONED CI 73 HEARD This page intentionally left blank t~~~~"f~ ~~~~ ~~~~~ ~~~~ '~~ 74~, ~~ ~~~~ ~:: REQUEST FOR BOARD ACTION Meeting Date: 09/02/97 Regular Item #: W&S #3 Consent Item #: Additional Item #: Department: Water and Sewer District Presenter: Wyatt E. Blanchard Page Count In Agenda Package: ... Contact: Wyatt E. Blanchard SUBJECT: Contract Awazd -Contract #97-0423A; Contract #97-0423D Motts Creek Lift Station and Interceptor BRIEF SUMMARY: Staff has advertised and received bids for the referenced project. The project is broken into four sections. We opened bids for all sections except Section III. We did not receive enough bids for Section III. A copy of the bid tabulation is attached. As indicated, the low bidder for Section I was Crowder Construction Co with a bid of $949,275, including Alternate 1. We will wait to award Sections II and III together. The low bidder for Contract IV was Bryant Electric Co. with a bid of $128,366. We are recommending award of Sections I and IV,which is all pump station work for the work to proceed. Delivery of this equipment has a long order time; therefore, we need to proceed with the awazd as soon as possible. RECOMMENDED MOTION AND FOUESTFn ACTION4• I recommend that Sections I and IV aze awazded to Crowder Construction Company and Bryant Electric Company, in the amounts of $949,275 and $128,366. In addition, please approve the attached budget amendment. ~ Federal $: St:u:e $: County $: 1,077,641 User Fees S: Other $: (Money Is In Current Budget: No 'Budget Amendment Prepared: Yes New Appropriation Request: ~LGL: APP WCOPLEY FIN: APP BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT COUNTY MANAGER'S COMMENT AND R OMMENDATIOI\'S• Consider approval of contract for sections I an as noted above. The contracts are voluminous and are in the County Manager's Office for review. ~i~~ i~~ C U QOM INISSI©~~RS . 75 ,~ ,~;+~ i Rcfcr W Office Vision Bullctin Board for Dispos Budget Amendment , r;,. a.~.:. - .::>.:; i.. ...vv.»•,:...n....:oo- >: e~::•; ::os>.. .~~.o..~,::»>C'vi:R~.~::..-: ~:~>~`:~G:r~.~2ii:%oir;• .. v:`' Q..- .N~ \ .-.<.~... ..-.Y. ~a ::A - •.. ..:..~. ~:d... ::.i,•..;;.>+ro:::c^~"°S~a...:..~:~;:..v:. •;.>c•;.o•.,,;ti:.:..ra;..~..~.~..a~?.... ..vli:::i::v:: :::iw~~.w: ;C~.~?::Yw ~::;C ..ai: ~ 2:u~~..i. ...... Tia. ~' ~. ~ :. ~~r..; :.: i~.....: .:......ew..wa..,x:::.:...w.wx.a::a.•. iu:.en..:l~$:~vwt::ww ::.....:......».»~:i•:::x:<c:::xiix.::«:.•C...Lw:...::<Q..i............:..v.....»Aw.u:e.0c.:a~.3::..aAi..i......~...1::»w.:....awA::a:.v... ~?FPARTMENT: ~1DGET AMENDMENT# PATE: • ~ 9-2-97 Monkey Junction 98-08 Capital Project T; DEBIT: CREDIT: r,DJUSTMEN Monkev Junction Capital-Project . Installment Loan Proceeds (COPS) $1,077,641 ~~ .Capital Project Expense $1,077,641 t L .. ~ EXPLANATION To increase budget for bids awarded for Mo s Creek Lift Station and Interceptor. • d TY CUM I 10 ~ . `- `~ ~ ~'~~~ ~~~ ~ • l~~MOHEt ~ . 76 wu DAVE (? ~ 51~ '~ For Budget Officer's approval; then report ~ to Commissioners ~t next resulat meeting and enter in minuses. 7o be ~pprovcd by Commissioners. To be entered Into minutes. LL .._~ O U N W W ~ m ._ V S O O. Z 1"~ Q ~ W ~ W . ~ ~ a a m N O _N Z w w LL Y ~ ~~m Wtnc U ~ [a LL W F Z °W Q O .~ U J O u. Z Y U FQ- ~ d w N tC U O Q c Q~ tlltiffl/ `tttt /fJ~~ ` . ``~~ . t,P,.• I '~I •.. cv . ~ ~,~ ~ J vim. .` d ~H Q f\ V ;r+ W ~ ~ J `• ~ 1.x..1 ~ y :od d ~,,.. ``o ~ V f , ~ ., ij/ , ~. , ~. ,,',`I!//1111111,,, 1 1~ a Z -- O F Q to ~ U ~ ~ o Y Q Z ~ O W ; Z p U Z ~ = Z ~ _ 3 v $$ 8 8 R 8 8 8 88 8 $ R S 8 ate. 2 5 5 2 25 5 2 5 c R i~ 5 2~ X, 5 ~ ~~ Sc: ,oo~ 55 ~~ rn5' S ~ o w ~ ~ ~' U ~ .f Q ~ T ~ ~C~pp f 7 Q "' f~ ~ ! 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N ~ c y ~~ y ~ g ~ ~ o ~ ~ > N ~ ~ U~ Li o r U y U ~ U O C U ~ ro m N ~~ Q ~ p J Z a ~ i ~ . -. N LL E > m ~ > .~ U 1 m .., W ~ N ~ ~ f o ~ m © ~ ~ ~ m ~ m r ~ B ~ m Z ~ t] m W ~ E C ~ N a N ~ 'n m w ~ Q U W Q C Q FLL F m m r0 C . D m C m U ~ W N ~ Q ~ Q W N . = fV t7 ' R h 1D h m O F- W~ N Z W N ~$ Q a a Z O O F= ~ Q 1Q- ~ U N Z = H U O Y ~ Z W . >O O ~ Z ~ N =~ Z K ~~3! W U a J Q F - 0 W U Q - a f ' - z w U a J Q O 1- W U LL a F- z U g g ~ ~ m O m O ~ Q C J m m ~$ a F Z Z Z c°v "~ E O r- cg U ~ ~ Z U ~ c m °m O ~ a o a W 9 ~ F- io `° 2t ~ Z > ~ of e O W U p ~ S T ~ a 0 g Q a m ! m © 25 ~ Z Z Z N vi U O Z ~"~ m o U 0 w „ ~ ~ a E ~ ~ 2 3 e va'i n ~ H. N O ~ ~ J Q ~ N N V ~ Q ~I ~ f ` f' !D f`) ~A ~ Z ~ C7 a : a Y $O Y ~ ~ a F 3 W 3 m Z ° Z N $ J Y Q ~ ~ _ ° ~ m - c y ~ ~ O h- U e ~ N m tOn N `~ c u' V g ~ ~' a - ~ > N ~' iii l O i o ~ ° ~, ~ a o ~ c ~ m ~ ~ ° m ~ ~ Q ~ o m o ~z a ~ ~ ~ ~ N LL > mm ~ ~ _ $ a ~ ~, W ~ N ~ Z ~ Z Z ~ L N ~ V ~ ~ a D W ~ O O W ~ N ~ ~ ~ O ~ ° ~ t ~ ~ ~ J O ri ~ m p m W ~ ~ ° ~ ~ a Nc ~ ~ Q ~ w < ~ F ~ FE -~ Q m O m U ~ W N r Q B Q f W A ~ N ri v vi t G ~ ~ m 1 O - W N ~', t W© o Q ~ Q r CONSENT AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS SEPTEMBER 2,1997 ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of tipping fees to be waived for the trash collected for the Big Sweep annual cleaning of beaches, Saturday, September 20, 1997 ~'~'3. Approval of rejection of bids received for Bid #98-0041 for a CRIMS System (computer records system) for the Sheriff s Department 4. Adoption of resolution adding the following roads to the State Highway System: Roads in Dutch Square Industrial Park 5. Approval of the following Budget Amendments: A. #98-0024 to increase budget for discretionary grant awarded for expansion of Day Sentencing Center and for the Targeting Project B. #98-09 to increase budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary 6. Approval of receipt of NCDOT Funds for computers/software and adoption of Resolution. PAGE NO. 81 83 85 87 89 90 91 79 This page intentionally left blank 80 t t t t REQUEST FOR BOARD ACTION Meeting Date: 09/02/97 Regular Item #: Consent Item #: 1 Additional Item #: Department: Governing Body Presenter: Lucie Harrell Pa a Count In A enda Packa e: .. Contact: Lucie Harrell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve the following minutes: Regular Meeting of August 18, 1997 RECOMMENDED MOTION AND R OLIFSTED ACTIONS Approve the minutes k~UNDING SOUR E• Federal S: State $: County $: User Fees $: Other S: New Appropriation Request: Money Is In Current Budget: Budget Amendment Prepared: ~LGL: FIN: BUD• HR• COUNTY MANAGER' OMMENT4 AND R OMMENDATIONS Approve minutes. COUNTY COMMISSIONERS o APPROVED e REJECTED ^ REMd~IED O PQSTPONED 0 81 HEARD D Rcfcr to Office Vision Bullctin Board for Disposition D~TE ~ Lt/ 2 /~Q/J.y~J This page intentionally left blank 1~ ~`i~r'y'```M!~}~y~ uUQyIJr9`tl~i ~~3~~ ~:, 82 ~: ~. ~. e i r I 1 1 1 1 1 1 REQUEST FOR BOARD ACTION Meeting Date: 09/02/97 Regular Item #: Consent Item #: 2 Additional Item #: Department: Keep America Beautiful Presenter: Pa a Count In A ends Packa e: --- Contact: Allen ONeal SUBJECT: Consideration of waiver of tipping fees for Keep America Big Sweep annual cleaning of beaches and waterways September 20th. BRIEF SUMMARY: The Board has previously waived the tipping fees for this project The bags of trash will be collected by Waste Management for transport to the landfill. t2ECOMMENDED MOTION AND REOUESTFn gCTIONS• k uNll11vU SUURCE• Federal S: State $: County $: Money Is In Current Budget: Budget Amendment Prepared: User Fees $: New Appropriation Request: Other $: ~LGL: FIN: _ BUD: HR: Recommend approval. J COUNTY COMMISSIONERS ' APPROVED L°' . REJECTED p REMOVEp p POSTPONED O 'HEARD Refcr to Office Vision Bulletin Board for Disposition DATE ,.,,,,, q~O .Q 7 XJ~ ~~C~~O~C~~~ .~ 7 .. AUG ~ 3 191 NEB` NaNOVER CO. f MAP~AGER'S GfF!CE August 13, 1997 TO: Allen O'Neal, County Manager FROM: Nancy Pritchett, County Coordinator,' RE: ~ Big Sweep '97 The Big Sweep, the annual cleaning of beaches and waterways of North Carolina, will be held Saturday, September 20th. As has been done in the past several years, I would ask that the tipping fees be waived for the trash collected on that date by the volunteers. The bags of trash will be collected by Waste Management for transport to the landfill. Thank you! ~P '~!c`t~!`1r Y YU9iL~ ~~~~ ~q /~N~Y~ ~I~:EEP AMERIGA~~; BEAUTIFUL OF NEVV HANOVER COUNTY 24 N,orth~T.h~irdwS,treet~Room 304, Wilmington, NC 28401 (910) 762-0965 1 t REQUEST FOR BOARD ACTION Meeting Date: 09/02/97 2egular Item #: Consent Item #: 3 Additional Item #: department: Sheriff s Department Presenter: ?age Count In Agenda Package: . - - Contact: Amy Akin SUBJECT: ' Rejection of bids received for Bid #98-0041 for a CRIMS System (computer records system) for the Sheriffs Department. BRIEF SUMMARY: Two bids were received for the record system for the Sheriffs Department. The bid from HTE, Inc. exceeded the amount budgeted for the purchase and the bid received from Vision Software, Inc. did not comply with the bid specifications as written. Staff is recommending rejection of the bids received. Staff plans to modify specifications and re-bid at a later date. RECOMMENDED MOTIQN AND REQUESTED ACTIONS• .Reject all bids received for bid # 98-0041 for a CRIMS System (computer records system) for the Sheriffs Department. Staff will modifiy specifications and re-bid at a later date. ~' UNll1NG SUUIZCE• Federal $: State $; County $: (Money Is In Current Budget: Budget Amendment Prepared: User Fees $: New Appropriation Request: Other $: xtr,yir,Wl,U liY' LGL: APP WCOPLEY FIN: APP BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT S;UUNTY MANAGER'S C( Recommend rejection of bids. ~v CQUNTY COMMISSIONERS A~'RROVED C°/ REJECTED ~: REMOVED P4STPLjNED D 85 HEAi~D Refcr to Office Vision Bulletin Board for Disposition DA'~~ ~1 CZ~'q ~ ~~ NEW HANOVER COUNTY • INTER-OFFICE MEMO ~ •~ • August 21, 1997 TO: Allen O'Neal, County Manager FROM: Amy Akin, Purchasing Agent ~' RE: Bid # 98-0041 Consolidated Records Information Management System The bid for a Consolidated Records Information Management System for the Sheriffs Department was completed in July. The amount budgeted for this project was $255,000.00. Only two bids were received. The bid received from HTE, Inc. met the County's requirements but was approximately $66,000.00 more than the amount the County had budgeted. The bid from Vision Software, Inc. was within the budgeted amount but the system proposed did not meet the requirement to operate on the IBM AS/400 computer that is currently installed in the Sheriff's Department. Vision Software, Inc. proposed a Windows NT Operating System. Therefore, the staffbelieves the best recommendation would be to reject the two bids received and re-evaluate the specifications for the project. /aa :~liV~-:Fi'Y.~.1~ w*!r~ x°'h ~ c~~'~~~~ ~a~~~ C~ ~~ ._, t t t t 0 t t e 0 e REQUEST FOR BOARD ACTION Meeting Date: 09/02/97 Regulaz Item #: Consent Item #: 4 Additional Item #: Department: Governing Body Presenter: Lucie Harrell Pa a Count In A ends Packa e: _ . Contact: Lucie Harrell SUBJECT: NCDOT ROAD ADDITIONS BRIEF SUMMARY: Adopt resolution adding the following roads to the State Highway System: Roads in Dutch Squaze Industrial Park COMMENDED MOTION AND REQUESTED ACTION Adopt resolution r-u1VllING SOURCE: Federal $: State $: - County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: Recommend approval. BUD: HR: C~LtNTY COMMISSIONERS - APPROVED G/ , REJECTED R~EMQVEQ POSTPONED L7 87 MEARD Q^ Refcr to Office Vision Bullctin Board for Disposition DATE _ 1~2~~91-~-.~~' _ 08/06/97 - -- - -NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PETTTION NORTH CAROLINA . ... . COUNTY OF NEW HANOVER -- ~ ~- PETITION REQUEST FOR (CHECK ONE): .ADDITION TO STATE SYSTEM (X ) PAVING ( ) MAINTENANCE IMPROVEMENT ( ) We the undersigned, being property owners on _OLD DAIRY ROAD T AND DR1VF ANTTT.L.E. CO TRT. AM AM WAY. WTNi)MTT.T. WAY A VAN DYK . T)RM? (Describe or give local name or Secondary Road Number) in NEW HANOV .R county do hereby request the Division of Highways of the Department of Transportation to B,I2,(Zthe above described road. V~ further advise that the road requested to AI?~ is 2.16 miles in length and at the present tune there are -~_occupied buildings located on the road and having entrances into the road. Finally, we agree to dedicate to the division ofHighways aright-of--way of the necessary width to construct the road to the minimum construction standards required by the Division 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 d'utance and design purposed and to execute said right-of--way agreement forms that will be submitted to us by representatives of the Division of Highways. REMARKS Four copies of recorded subdivision plat enclosed if applicable. NAME ~~ PROPERTY OWNERS MAILING ADDRESS TELEPHONE The Division of Highways should contact the first petitioner listed below: JAMEY WOOTEN LANDMARK ORGANIZATION, INC. P.O. BOX 4127 ~~~~ ~'~ ~ ~4 ~~' WILMINGTON, NC 28406 ?`~'~id~t~~~' (910) 392-7201 ~ ~~~~ ~ ~~' 8~vised Form SR-1(5,~8.3)~All pr` vious forms obsolete. '~' ~_.-~;~L~U~ s ~~G 1 1 1991 i~~~~Y HANOVER CO. ~`. CF CO`s VIS~;ONERS ' Consent Agenda September 2,1997 :/j B11C~get ;A.IYle11C~IYleZtt Item No. sA. ~~ >. ...........•..... ,. .. x.>. ... .4.:.... •~::;>.:`;...,w: ~•:i:•:2;:~:i~c~::r..... ::.2.•: ~ :>.2:<.F ..:a~,.•:J..a~w..l ... -.._ .w.'L.... .... :..... ......... ..:. 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Criminal Justice Partnership 98-0024 ADJUSTMENT: DEBI ~'r;m;nal Justice Partnership Program CJPP Grant $75,000 ~~- Contract Services - Other Improvements ... , ~~ - EXPLANATION DATE 9-2-97 CREDIT' $25,000 50,000 To increase budget for discretionary grant awarded for expansion of Day Sentencing Center and for the Targeting Project. (Approved m at the 6-16-97 meeting..) ~I r.~ ~ COUNTY COMMISSIONERS ~~ ~ '~~ M i • APPROVED L°~ • RE.IECTED Q REMOVED 0 ~ _ • A ~' POSTPONED Q -For Bud. et Officer's a~rb~al: then report 8 io Commisefo'ners at Hatt regular meeting • ~ DA E ~ ~ 0~~""~~ ..~ and cntcminutes. ~...~ To b'e`~appro,~cd by Commissloncrs. ..,~:. . To be entered into minutct. ~~ Consent Agenda September 2, 1997 Budgef Amendment Item No.SB . c1.::wx.::.:....r•,..:.:;i:.:., >.:. .. ..\) .e.. vi:))v.,.e«:,.,;.., ..,.:::.;.., 4~r...2"w..Mr+~.a+~. .... ..._ '~.. 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DEPARTMENT' Controlled Substance Capital Project ADJUSTMENT: Controlled Substance Controlled Substance BUDGET AMENDMENT Tax 98-09 •~ ED BIT: Tax Capital Project Tax $5,746 DATE: 9-2-97 Capital Project Expense EXPLANATION CREDIT' $5,746 To increase budget for additional revenue received. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff .deems necessar~ • . _. ... ,. - ~~ t~ri~~~s~ v~~ b fi V'~ ~' ~• ~~I~~~~ ~. •. ~~~ • ~~ -For Budget Officer's approval; then report ;- Gt Z 7 ~ • ` to Commissioners at next regular meeting ,w , . V ~ - ~y`~ / and enter to minutes. ~/ To be approved by Commissioners. To be entered Into minutes. t e 0 B t a REQUEST FOR BOARD ACTION Meeting Date: 09/03/97 Regular Item #: _ Consent Item #: 6 Additional Item #: Department: Human Services Transportation Presenter: Patricia Melvin Pa a Count In A ends Packa e: -- Contact: Patricia Melvin SUBJECT: Approval of Receipt of NCDOT Funds for Computers/Software. and Adoption of Resolution BRIEF SUMMARY: N.C. Dept. of Transportation has placed New Hanover County on a priority list to obtain computers/software for a pilot project called Mini-Pass. Mini-Pass is a scheduling/dispatching softwaze used by transit/paratransit systems for more effective/efficient utilization of human and capital resources. New Hanover County will be the first project to undertake networking County departmental computers with private operater computers for more efficient scheduling of human service trips. The projected cost is $20,930. It will fund computers and appropriate softwaze packages. New Hanover County will pay 10% . of the projected cost ($2,093). Matching funds aze available in the Human Services Transportation budget for 1997-98 from its revenue (fees) item. Therefore, no additional county funds aze needed. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution and authorize County Manager to sign contracts and approve associated budget amendment # 98-0026 FUNDING SOURCE: Federal $: State S: 18,837 County $: 2,093 User Fees $: Other S: Money Is In Current Budget: Yes Budget Amendment Prepared: Yes New Appropriation Request: REVIEWED BY: LGL: BOUNTY MANAGE Recommend approval. FIN: APP BSHELL BUD: APP CGRIFFIN HR: N/A AMALLETT ~~:~._ _ (' f,11 Refcr to Office Vision Bulletin Board Cor 91 Budget Amendment DEPARTMENT BUDGET AMENDMENT # DATE i u Human Services Transportation System 98-0026 9/2/97 ADJUSTMENT DEBIT CREDI U T Human Services Transportation Svstem Fees $ 2,093 Administration -State $18,837 ~' Capital Outlay $20,930 1 LJ EXPLANATION ~ To budget a State grant that will assist in the funding to obtain computers/softwaze for a pilot project called Mini-Pass. Mini-Pass is a scheduling/dispatching softwaze used by i transit/pazatransit systems for more effective and efficient utilization of human service trips. New Hanover County will provide 10 percent ($2,093) of the cost of the project. i ~~.,~ ~~[V ~ :..C~M-~SCONF~tS t.,~.~r~ y.~E;. ~~ t .~~ ~~,. ~', G~ E CT~'ED~`~:L7 ~,.,~~t;,~, ;,1,,~'';~,~ Gur 13udgct OI'I iccr's upprovul; then report 9~ E OvED,~~;~Q : " to Conunissinncrs at next rc6ular meeting ©STf~~ NE~~l~1` and enter in minutes. Q ~ ,~~r1''~n-7 ~ To be epprovcd by Commissioners. ~~'~ ~ r(~ti 4.a. ~ATI` ~q~~2 I 1 ' .. "fo be entered into minutes. p ER Robert G. Greer f®ffTtP IIf ~ yf Chairman Wllllam A. Caster ~~~~~ ~~ ~~~~t~'$t~~~~'g ~ 2 `~ ~~ _ ... Vice Chairman ...., ~Pj17. ~2i1tIIfTPr ~IIli2tf~1 F ~..,. Qo MOfliN ~ , .~ Buzz Blrzenleks Commissioner 32II ~hPSfnut ~trPPt ~num 3II5 ' Wanda M. Copley . ~ilmingt~n, ~,xrtll flIttrulintt 284II1-4D93 County Attorney Ted Davis, Jr. Commissioner ('~PlPphmte (91II) 341-7149 Allen O'Neal County Manager Charles R. Howell ~ ~ttX (31II) 341-413II ~ lucle F. Harrell Commissioner Clerk to the Board RESOLUTION AUTHORIZING STATE OF NC COUNTY OF NEW HANOVER TO ENTER INTO AN AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION A motioa was made by and seconded by for adoption of the following resolution, and upon being put to a vote was duly adopted. WHEREAS, the North Carolina County of New Hanover has requested the North Carolina Department of Transportation to assist in the funding to obtain computers/software for a pilot called Mini-Pass. Mini-Pass is a scheduling/dispatching software used by transit/paratransit systems for more effective and efficient utilization of human and capital resources. New Hanover County will be the frst project to seek to network County departmental computers with private operator equipment for more efficient scheduling of human service trips. The projected cost is $20,930, to fund computers appropriate software packages; and WHEREAS, the North Carolina County of New Hanover will provide 10% ($2,093) of the cost of the above described project; ~~, NOW THEREFORE, BE IT RESOLVED that the New Hanover County Manager is hereby authorized to enter into a contract with the Department of Transportation and execute all agreements and contracts with the North Carolina Department of Transportation, Public Transportation Division. '~ I, Lucie Harrell, New Hanover County Clerk do hereby certify that the above is a true and correct copy of an excerpt for the minutes of a meeting of the Board of Commissioners of New Hanover County duly held on the .day of , 19_ `~ Signature of Certifying Official 0 ~~' ~ ~ 93 ,. This page intentionally left blank 94 ®R,AfT AN EMERGENCY PROCLAMATION OF THE { NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, New Hanover County suffered a "major disaster" September 5 and 6, 1996 when struck by Hurricane Fran; and WHEREAS, severe property damage occurred within New Hanover County, creating drainage obstructions on public and private property; and WHEREAS, pursuant to Chapter 6.7-23(c) of the New Hanover County Code, an emergency proclamation may be issued to maintain order and protect lives or property during the ` state of emergency; and WHEREAS, the County still has sewer drainage obstructions on public and private property, NOW, THEREFORE, IT IS PROCLAIMED by the Chairman of the New Hanover County Board of Commissioners that it is necessary to authorize County officials, their agents, or assigns to continue entering onto"private property within New Hanover County for the purpose of removing drainage obstructions. IT IS FURTHER PROCLAIMED that this proclamation shall take effect upon its execution, and shall remain in effect until March 31, 1998. This the 2nd day of September, 1997. [SEAL] NEW HANOVER COUNTY Robert G. Greer, Chairman Board of County Commissioners ATTEST: Clerk to the Board REJEr"~ ~p 0, REMOVED. ~ Cp: }STRLINED C7 3~'irl ~ . L7 ~~ ,~.~~ Z l:g, , ,y ~ date+~ `> ~"~' ~~~4~ ~' tiS'}I P -.._. '~^ RESOLUTION "PARTNERSHIPS FOR STUDENTS WEEK" SEPTEMBER 15-19, 1997 WHEREAS, the New Hanover County Council of PTA's supports the PTA's mission to encourage greater parent and public involvement in the schools; and WHEREAS, the New Hanover County Council of PTA's encourages parents, grandparents, senior citizens, business and community representatives to volunteer at local schools; and WHEREAS, volunteering is one of the many ways members of the community can support our schools-and enrich the lives of our students; and WHEREAS, each year PTA's and schools provide opportunities to increase awareness of the needs of our schools and enhance involvement of local business and community leaders; NOW THEREFORE BE IT RESOLVED that the New Hanover County Board of Commissioners do hereby support and encourage Countywide support of: "PARTNERSHIPS FOR STUDENTS WEEK" September 15-19, 1997 [SEAL] Lucie F. Harrell Clerk to the Board New Hanover County Board of Commissioners Robert G. Greer, Chairman 3f~ARD ~Pl~'~ . a' ,. t i. q'