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Agenda 1996 04-01
~' . . ~ ' NEW HANOVER COUNTY•BOARD OF COMMISS-IONERS r ' ASSEMBLY ROOM, NEW,HANOVER COUNTY COURTHOUSE - 24 NORTH THIRD STREET, ROOM 30`l . ~ WILMINGTON, NC .. . . . ~ APRIL 1,1996 6:30 P.M: ' MEETING CALLED TO ORDER::Chairman~Robert G. Greet INVOCATION ., PLEDGE OF'ALLEGIANCE , NON-AGENDA ITEMS (Limit three minutes per,item) .APPROVAL;.OF-CONSENT AGENDA .~ -ESTIMATED , ITEMS OF BUSINESS` TIMES _ - - :; . , 6:4~pm • 1. Consideration of Approval of Budget Amendment #96-0164 ' . Requested by the Board of Education, for the Schools' Capital . Outlay Budget ' a - 6:»pm 2. Consideration of Approval of Budget Amendment #96-0163 . to Budget Funds from Contingencies for a'Contrbution to the ' - District Attorne 's. Office for Additional O eratinQ Ex e Y p ~ p rises - and Training Session ~. 7: l Opm 3. _ Meeting of,the Water and Sewer. District ' . Additional Items:. , ` County Commissioners _ . ~ - County Attorney - . County Manager Note: Public Hearin s be in at 7:30 g g p m: ` ._ .. ; '~ 7:30pm 4. Public Hearings: _ :. A:.Rezoning~Continued Item) Request by Saturn Corporation ' _, to rezone. 65.8 acres on .the west side of Carolina Beach Road ' .. ; . - south,of Marquis. Hills Subdivision to R=10 Residential from q- ' R-15 Residential. (Z-560, 2/96) .. ~, ,. PAGE NO: 1 7 6~ 9 B. Rezoning Request by Racine, LLC to rezone 40 acres located 15 : west of Carolina Beach Road south of Echo Farms, east of - Huntington Forest and north of Silva'Terra Subdivision to R-10 Residential from-R-15 Residential. (Z-562, 3/96) C. Rezoning Request by David Sneeden for John Newton to 21 rezone 1.14 acres at 6855 Market Street to -B~-2 Business from R-1 S Residential.. (Z-563, 3/96) "- ' D. Special Use. Permit Request by Amanda Smith to establish 25 a pet grooming facility at 7903 Myrtle Grove Road. The property is zoned R-1~ Residential. (5-387,J3/96) E. Special Use Permit S Request by Stephen Rhodes to construct 31 17 duplexes as 2211 Chair Road. The property is zoned R-20 ' Residential. (S-3$8, 3/96) ~ ~ ~ ~~ ~ ` .. F. Special Use Permit Request by Jerry Simmons to establish _ 37 a dog kennel at 4121 Edna°Buck Road north of S_idbury Road. The property is zoned R=15 Residential. (S 391, 3/96') G. Special -Use Permit Request by William'Merriman'to expand 45 an existing community boating facility by adding six slips. The existing facility has hvelve slips and islocated at~the eastern` end of Captains Lane in Masonboro Landing Subdivision. (S-392, 3/96) H. Zoning. Text Amendment Modification ofthe minimum water 55 and sewer requirements needed for R-10 Residential Districts (A-272, 3/96) I. Zonin,~ Text Amendment Modification to Section 120=1 •~ ~ 59 specifying that more than-two alternates may be appointed to serve on the Board of Adjustment. (A-273, 3/96) ~ . J. Road.Renamn~,/Address AssignrnentS Request by Staff to rename 61 -Lancaster Road (SR 1488) to Chewning Street and to assign new street numbers. The road is located in the 1Vliddle Sound community. (SN-76, 4/96) , ~ . 10:00pm ADJOURN ..+. a/ _ :- -.. . -NEW HANOVER COUNTY WATER AND SEWER.DISTRICT : . . ~ `-ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE - ~ Z4 NORTH THIRD STREET, ROOM 301 . WILMINGTON, NC . ~ . ~ APRIL. 1, 19.96 6:30 P.M. ; . - :ITEMS OF BUSINESS ~ - . ' PAGE .. N.O. . . 1 , NON AGENDA ITEMS (Limit three :minutes) ` 2... Approval of Minutes . 67 .~ ~ k 3 C id : : ons eration.ofapprova1 of agreement with the City. of ~ - 69 .. .. Wilmington for Meter Improvement for,Southside Waste.- .water Treatment~Plant .: .•_ ti :. ~: . ... ,. :ADJOURN. .. . ~ ~ - ... ,: . ,. ~ _ - ,. ,, ,. -. ~. .' . ~ -. - .~ ., r NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSENT AG-E~NDA' ..APRIL 1, 1996 ~ 6:30' P.M. ITEMS OF BUSINESS PAGE ,. . .. NO. 1. Approval of Minutes ~ 77 2. Approval of easement request. by BellSouth on a parcel of 79 land on Cathay Road used by the District as a well site 3. Approval of Revised Budget for Home and Community Care _ 85 Block Grant 95/96 for~Aging Services '- ~,, 4. Approval of resolution relating to the sale of surplus property 89 owned by New Hanover County ,Parcel .Number Ro079-00-003-01.000, 6235 Carolina Beach Road for the amount of $2,000.00 ~. Adoption of resolutions adding the following roads to the 9~ State Highway System: Marne Drive in Glynnwood II Subdivision College Acres Drive Crews Drive 6. Approval of Budget Amendments: A. #96-45 to increase budget for additional revenue received. 99 Controlled Substance Tax funds are budgeted as received and must be -used for law enforcement activities as the Sheriff deems necessary B. #96-0158 to budget contribution from CP&L to assist in 100 drill preparations for the Brunswick nuclear power plant C. #96-0162 to budget a contribution from Andrews .Mortuary 101 and reimbursement from the Department of Justice for overtime and fuel ' 4 _, ' ,,i I {. _ - - REQUEST--FOR BOARD ACTION. • - ~ ~~ Meeting Date: 04/U1/96 , . 1 Consent Item-n. ' . Additional Item #: . Regular Item.#: ~`~ • - ~ 'De .artment: NHC Schools Presenter: Allen O'Neal P .: .,... ' Page Count In Agenda Package: 8 .Contact: Cam Griffin - : _ _.. .: SUBJECT:. The New'Hanover County Board of Education is requesting a budget amendment for the. Schools' , capital:outlay-budget. BRIEF SUMMARY.:.. . ~ The Commissioners increased'the County's level of control over the Schools' capitatbudgct-effective . 7uly .l, 1995. The schools need to increase the HVAC replacement item from $50,000 to $53,87. . ' Tl'ie schools ,propose to-move the required $13,$7 from furniture and New Hanover High.SChool. renovations:- Y ~ - . `... • ~_ RECOMMENDED MOTION AND REQUESTED ACTIONS: • .. Approve~budget amendment-#96-0164 requested,by the Board of Education for the Schools'.capital outlay budget. No additional County funds are required: , • ~ ~.UNDING SOURCE: . ~:_ ;_ - ,, ' ..-=:.~ _.. _ ~.,.. ..... .~ .~. .. .V ~. _. _ Federal 5;~ ~ - • _• - State S: -. County ~. 0 User Fees S: _ Other ~S: Money.Is In Cui:rent Budget: yes' ~ " ~ New Appropriation Request: Budget Amendment Prepared:'yes __ REVIEWED BY - ~ ,., : ,. . . _._. LGL: ~ F-IN: N/A,BSHELL . - BUD: APP CGRIFFIN HR:.N/A ANIALLETT _ UNT MAMA ER'S ENT D RE END w.I . . _ Recommend approval l.'~ _ _ .,,,~s •~ n Sy ' ~ -, o..~ REJECTED p , - , REMOVED:. ^ ' '~ ' ~ PaSTPONEfl' - T ~ t~AI - ~~ . G ~. ~' ~ Refer to Office Vision Bulletin'Board forD~sposit~on Budget Amendment DEPARTMENT BUDGET AMENDMENT # DATE ~ . New Hanover County Schools 96-0164. .. ~~ 4/1/96 .. _ ~ a ADJUSTMENT DEBIT CREDIT New Hanover County Schools , New Hanover High School . $ 29 .: School Capital Outlay ., . $13,846 HVAC Replacement $13,875 _ ~ , ... f . EXPLANATION To amend New Hanover County .Schools' capital budget as requested by the ` Board of Education. ~- _ . _.._ _ , ~. -- ~ COUNTY COMM^ISS~N, . -. ~. APPROVED. [~/ ~tEJEC7ED ^ . REMOVED O . ' POSTPONED ^ '~~' ~~~.' ~'~~ ~ ~ ~ ` -. DATE ~ ~ E~ ~_.. ~~~.rs .4 .,~;. - 2 ~ .j ~ . ' + ~~' . ~ ,r r Budget Officer's approval; then report i l z ~ ~ ~ ar meet ng to Commissioners at next iegu -<. ,, ~ t ~ T° ~ ~rv ~ d -~ . , ..n <y and enter in minutes. To be approved by Commissioners. ~~Zy-~i€~i+~a-»=~~'~`~'' ~"` ''` ~ To be entered into minutes. ,~- NE'V~ HAI~OVER .BOUNTY M, CAMERON GRIFFIN Budget Director BUDGET DEPARTMENT 320 CHESTNUT STREET, ROOM ~ I2 WILMINGTON, NORTH CAROLINA 2S40I-4027 TELEPHONE (9I0J 3~1/-7I23 FAX(9I0) 3-t1-a0?7 MEMORANDUM TO: Roy :Keith, Finance Offcer New Hanover County Board of Education FROM:. Barbara D. McClure, Internal Auditor DATE:. r- March 12, 1996 , - RE: ~ ~ New Hanover County Board of Education Budget Amendments for FY 95-96 I have reviewed the financial maintenance and capital outlay information provided 4y Ann Hardy for the eight months ended February 29,1996.. -There was; one budget change made by the Board of .Education during the month. of February,: that . requires approval of the Board of Commissioners under the provisions of the. New Hanover County Budget Ordinance.' The County's budget ordinance requires -that "such ordinance shall not be amended without the prior approval of the Board of Commissioners if the cumulative effect of such amendment would be to increase or decrease the amount of County appropriation allocated 6y ;purpose,, function, or:project by 25 percent or more." (A highlighted copy is enclosed.) The increase in Category ~ I, HVAC Replacement, of S13,874.38, (FROM S50,OQ0. TO S63,874.38) exceeds the 25 percent that can be moved from one County appropriation to another without .approval of the New Hanover County Board of Commissioners. This increase appears to consist of transfers from two other projects: (1) S29.08 FROM Category 1, New.Hanover High School, and (2) 513,845.30 FROM Category II, Furniture/Equipment. Action.by the Schools will be necessary, either by (1} amending the Schools' budget~ta conform to the amounts originally appropriated by the County, or (2) requesting that the `County Commissioners amend the County budget ordinance to conform to the funding 'desired by the Schools in the Capital Outlay Fund. I feel sure that you will want to request that the .County amend its budget, and will begin processing your request as_soon as received. As we approach the fiscal. year end., please remember that any changes desired by the Schools' are technically required to come to the Commissioners in advance. The deadline to receive information for FY 95=96 budget amendments for consideration by 'the "Board of Commissioners is Noon, Tuesday, June 4, 1996. If you have any questions, please feel free to give me a call at 341-7127. Enclosure a cc: Dr. Dale F. Martin, Superintendent 4 Allen O'Neal, County Manager Cam Griffin, Budget Director - ~ J ~•, u O O cA ~-• ~ ° O L N C • C~ -',` • ~ ~ U ~ v O ` ^ r` O - +J `~ ~ t~ O • O ~ . r"f C ~ ~, r. u' ~ N c C L'. u a 7 Lp. ~-- O U . y •~ C V u N O •Q p .~ Q.~' c. "'• a' L ~ r d G ~ O O, O "O 0 0 0 0 •O 0 0 0 0 0 0 O O 'O O O O O, O O ' L ~ O O o 0 0 'n O O ~' Q. O O ~n O. O O O O O O O O O O O ~. ---. 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F o >3 ~333 z c a ~ u ~ ~ ~ ~n ~ n ~ ~ ~ y ' v u O .:...-' a a ~ ,~ '~ C E O ~ ~ ~ 7 ~ - Q ~~ U O _ _ V V ~ a0 ~ o ~ ~ U a ~ .. O G . - - U U o o ~ '-' m u U c ~ Z u C C d .N O v ~ ~ u ~ , - v O O • . ~ u ~ L . u ~ ~ _ _ 3 N {,*' i Q .a .a C !a ~\ ~ V to fS U n '~. 'a. O ~ N N . L-1 D U U o = F- E- ' ~ •- u p ~ v 2 u cn cCa < :4 v; c, ~, ~ Z ..GYa~C! •_ ~ " Y~ ri. __ : Regular Item #: 2 Consent Item #: , ~ Additional Item #: De artment:, Presenter: . P Page~CountYIn Agenda Package:. ~~Contact: Allen O'Neal SUBJECT:. Consideration of'a ~ rovaT of Budget Amendment-#96-0163 to budge pp t funds` from Contingencies ' ~ ~. BRIEF SUMMARY:. Budget Amendment is for funds-from Contingencies for a contribution to .the District Attorney's ~Offi~ce for additional operating -expenses and t :raining session. ,: With. approval of this budget amendment, he remaining balance in the General 1~und Conti gencies account will be $55,895. ~, .. • RECOMMENDED MOTION AND REQUESTED ACTIONS• l«„~~~~ ;;~~ rya: =.; y ~.~~ . . ~ 1 .. ,. ... ~ .. ' . .• ~FUNDIi~LG SOURCE: ~ ~ ~~-~~.., .. ~` _. ._ . _. _. .: _, Federal S: State S: County S. User'Fees S: ~ Qther S: Money Is In Current•Budget:. I~tew Appropriation Request: - ~ , - - :. .Budget Amendment Prepared: ` .REVIEWED BY• LGL: FIN: _ . _. BUD: ~ 4 FIR:. ~~.:, _ . C N Y NA ER' N. D ~E DA I N~ , ,. . . Recommend approval. • , .. COUNTY G~MMISSION~RS . . ._ REJ~~,TEq p~ , RElV10VEp ~1 POS7PpN~ 7 DATE' ri'~ .®~-! . . 4. ' ' Rcfecto Office Vision Bulletin Board for Disposition ~. .~ - ~ -. , Bu~d~get Amendment / °%/.iii/ //~ i ~i/i ~//,ii / /%i/i~/ ~/ i i~ ii i ~ ~ ~ %~/ is i i i ~ .. iz~ ~ i i DEPARTMENT BUDGET AMENDMENT # DATE Non-Departmental/ ~ ~~ 96_=0163 4/~l/96 _ .. __ ... - - - District Attorney's Office ~ ~ ~ , ~ _ ~ ADJUSTMENT DEBIT CREDIT Non-Departmental Contingencies $500 ... District AGtorney's'~Office Contribution `to Outside Agency $500 CCI.~NTY COMMISBI~NERS 'f: ": a L D p R~_. ~.~`J~D p PG3TPONEp . ~rz G-th. DATE.._.`.,~ ;~ - .. : - EXPLANATION To budget funds from Contingencies for a_contribution to the'. ,, _ District, Attorney.'_s Office :for_ additional. operating expenses and training session. ~ ~ . With approval of ths~~budget amendment; the remaining balance in the General._Fund `Contingencies account. will. be ,; ._ . $55, 895. .. - ~~ , .. r . a ~ ~ ~ ~ ~ i .tea ~x t cct ,,. ., ,. .~_.. ', 8 ~ G ~~Y r ~~ . ~,~~: For Budget OC(icer's approval; then report to Commissioners at next regular meeting and enter in minutes. To be approved by Commissioners. • .. ~ To be entered into minutes. `~. a Item A 0 _ CASE: X560, 2/96; Applicant: Saturn Corporation REQUEST: R-15 to. R-10 f ACREAGE: 65.8 _ ' . .:. LOCATION: West side of Carolina Beach Road so'ut~h of Marquis-Hills Subdivision ' Planning Board.,Summary ~ ~ ~ ~ . The Board rejected by a vote of 4 to 2 the applicant's request to rezone the entire tracf to R-10 As an alternative, the Board voted S to 1 to recommend rezoning just that portion of the tract covered by Phase I Dunhill .Woods, High Density. Dunhill Woods is a preliminary subdivision plan approved by the TRC in October 1.995. This would include about 30.1 acres of the total tract. A map of the area is attached. A number of zoning options were debated, including rezoning the entire tract to R-I0, rezoning only a portion of the tract to R-10 and rezoning the-tract to Conditional Use R-10. The applicants felt conditional use zoning would be incompatible with their plans to develop the site. They argued that the process would restrict.their ability to react to changing market demands , because of the lengthy review pi-ocess'and could potentially limit the density already permitted', by right under current zoning. They'also asserted that because the adjoining land ~to the north was already zoned R-10, the rezoning would be consistent with the general area. Several adjoining property owners voiced concerns over the impact development of the land would have on conservation areas located on site. A large area of wetlands is located on the western perimeter of the property. Those lands are generally associated with Motts Creek, which drains into the Cape Fear River. The developer told the Board that the development of those areas was unlikely due to environmental rules. Manning Staff SummarX ~ ~ . The subject parcel is located west of Carolina Beach Road south of Marquis Hills. The vast majority of this land i`s' classif ed •Urban Transition, excluding the area on the western edge of the tract, which a'rea.is in the 1OO year flood plain and classified Conservation.. ., __. . More intense urban type development i encouraged on lands classified Urban Transition. T are als the ~ v 1 ment is ermitted subject to thhese 0 only-areas where high density residential de e op p ~ e . availability of water and sewer,and access to major roads. On the other hand, density is limited. to 2.5 units per acre in the Conservation areas,' and to `exceptionally designed projects that ~ ' ` minimize impacts on surrounding natural resources. Much ofathe,, surrounding property as zoned ,for residential purposes. To the north lies Marquis rah. --~~~, ~ -> ~~ , Hills, asingle-family subdt~ision developed in the 1970 s. It is zoned R-l0. Land to the r~~east is -zoned R-15 anti currently developed with a large mobile home park. Land to the _, "_ { _' - .. '' south is zoned R-15 and sporadically developed with residential uses.. Finally;-land'to the east ° .along the frontage of Carolina Beach Road is zoned B-Z Business with scattered commercial uses., The Technic , al Review Committee approved a, preliminary~`subdivision plan for this tract on ' October 25, I99~. The plan, known as Dunhill Woods, High Density Phase I, was .approved for l l i lots. Phase II, which hasn't been submitted; was targeted for approximately 89 additional lots. This equates to .about 3.03 units per acre .for the entire tract. The maximum number of ' units.actually allowed under R-15 High D.ensity~is 671. -Under the proposed R-l0 District, the maximum number ofunits under high density criteria increases to 1;186. In comparison, the - performance development guidelines would only permit 217 units. Access to the site is afforded . by existing stubs iri Marquis Hills and a planned collector road connecting to the parallel service " road at Carolina Beach Road.' . The only areas in the County where R-10 can'be clearly estabfished'are the Urban Transition zones. To a 1'esser extent, some R-IO Districts have been approved in Limited Transition zones, ` .. but only in cases.. where the .overall net increase in density was minimal. ~ '~ ~_ - There is nothing to suggest that rezoningthis property.would be detrimental to surrounding,land,„ uses. Some land adjacent to it is already zoned R-10 and other nearby~land is•also developed with : . " scattered residential uses, mobile homes'or commercial uses. ` " l - .. The primary concern for this change, however, relates to traffic. In thi .area of the County, - particularly further south, residential development is occurring at a rapid"pace. A number of large subdivisions have been approved, with many already under construction. As• a result, the level of traffic: along Carolina Beach Road and College Road is expected to increase significantly. ' -There are no other major roads. in the .area and fhe only planned inaprovernent is an eastward , = °. . eztenSion of Sanders Road to Nlasonboro. Loop Road, but i is not on a schedule to be built. This .means the bulk of new traffic generated by existing and planned. development -in the area will have to rely on "either Ri er Road or Carolina Beach ;Road -for access. Of growing concern is the growing size of the Monkey Junction commercial node, which `draws local and non-local traffic.: .. Thaf traffic; plus tourist traffic.headed south to the County's southern beaches, will only ~~ • .. ~. exacerbate congestion in, the area.: It is Staff's understanding that the existing subdivision plan approved for the site meets the e developers' densit ex ectations, but some ofthe desi ri features required by the high densit ~ ~ . Y P g. Y process,. specifically the maintenance of open space areas, is unduly burdensome...Iftbat is true; the Board may want to consider rezoning under R-10 Conditional Use. _ This would permit the- .County to limit the site to the' 200 units. originally planned and to,mitigafe some.the traffic.... concerns. ,This would also lessen the impacts associated with a much higher density project that wou d be permitted by right in'fhe R-10 District. ~ ~ ~ - " Staff recommends denial and: encourages the, applicant seek R=10 Conditional Use. . _ . ,. - . ~~ ~ _ ~ .. + z-S6o 'WHAT YOU MCTST ESTABLISH TO GET A CHANGE OF ZON~ING• OF PROP.ERTY~ ~"~~ _ Your intended use of property upon rezoning. is completely irrelevant, except for conditional use district proposals. The I`Iorth Carolina General Statutes require that zoning reguCations shall be made in accordance with a-comprehensive plan: Since atnendments•to zoning maps Should also be based on a Land Use Plan,:you~mus[ explain in'the space below how your' request satisfies each of the follow= ing requirements. • I. How would the requested change be consistent with the ~County'3 Policies for Grotivth and Dcvdopmcnt? .. , . The property is 'located west of tlie''instersection of NC Highway -' 1.32 and US Highway 42T. Adjacent to the east side of the property is commercial property fronting the US Highway 421 service road. Along the south side of the property are single=family homes, equestrian facilities and .a sand,, borrow-pit. The west side of the property borders Motts Creek. The north side of the property ad- joins the Grove'Park Movile'Home Park a,'nd the Marquis'Hi11s Sub-~ division. Rezoning the property to R=10 is consistent..with~the County's Policies for Growth and Development. This reigning will allow the property to achieve its highest and best use while also being, compatible with; surrounding 'land uses: •- ~ ; 2. How would the requested -zone changc'be consistent :with a}ic property's classification on the Lane! Classification Iti1ap? .. . , The recently updated Land Classification Map changed the property's LJ classification from ~Tiansitonal to 'Urban Transitional: -,Thais, .•• e ,. ~ ~ ' reclassification placed .the property•in a land~classi•ficaton ,- which p=oxides for future. intensive u=ban development where necessary '. urban sere-ices are available. No important .resources.wi•1l be . , , adversely impacted by: this rezoning. ,;•, ~- - ., ~~ 3. What significant neighborhood>changes have occurred io-make the original oning•inappropriate, ~ •: or how is the land involved unsuitable for the uses permitted under the existing zoning? ~ . , lu, ' Since the Wand was Toned R-15 in 1972, significant neighborhood changes have occurred: • The land':in the a=e`a'of..th'e US"`Highway 4.21. ': and NC Highway.132 intersection, has experienced significant: growth a and activity. 'The eounty~sewe,r,service is now available to the' ~ ' property. The demand foraffordable single-family housing in .this .'.: =:. ;. '. area is sarong.; With these "significant neghborhood;changes and demands, the pzopertyyis suitable for R-10 residential zoning uses' '' permitted under the existing 'zon`ing 'ordinance. "'. ,' ~~ ' ` - 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 he sin- ,. - .. filing 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. 12 . .• / ~~ Sig acute of Petitioner and/or Owner ._ .~ -- --. --_ - - -: lJ PETITION SUMMARY SHEET Z-56D,, 2/96 Petition Number: Owner: Saturn Corp. Representative: - Same Request• R-15 to R-10 ~ Acreage• ~ ~ - R U.S. 421 South TarIDNumber: 75, ~~ _ Location: LAND USE, ZONING, UTILITIES and SERVICES Land. Classification• Urban Transition C'ensPr~Ta+-;ten Existing Land Use: Vacant Zoning History: ~ Area originally zoned Anri 1 7~ 1 A7.1 Community Water Typc: Myrtle Grove Fire District: US 421 Road Access: . School District: Bellamy Scwcr Type- County P.rrowhead Recreation: Volume: 22., 000 ADT (' 93 count) MISCELLANEOUS PHYSICAL CHARACTERISTICS Motts Branch C(Sw) Watershed andWater Quality Classification• , AquiFer Recharge Area: ~ Chiefly a. discharge area Conservation Resources: Some 100 Year P1~nr~ D~a;n Historic Landmarks and Archeological Sites: None .Primarily Leon and Lynn Haven: Class III Soil Type(s) and Class: _ . N/A County sewer to be provided Septic Tank Suitability: 7T~_. None Prime Agricultural Soils: ~ Building Suitability: _ Some knits due to wetness Tlris page intentionally left blank • •••~., I v .~ ~, ,o ~. ~ ~ F 0 D ar o oa '~ T ~ m T . ~ 0 ego ~ . i m ~ ~ ae ~ I, ~. ~ ti ~ ~~ o _ ~: ; , C \a ~ '~ r ~ ~ •, ~ ~ ~ Z I o - v.~ . 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'efaist Px C) ~ m r~ .6i~o ~ ~ '$' 2.k7y'-. - ~ " S, 4a'd~, ae~tri~ ~o =$ AS , ~ B Z ~ ^g c :E .; A~ , its: ;+ ~+'_ U.S. HWY. 421 CAROLINA BEACH RD. _ _ \~ ~ X3099 g ~ ~ s ':~i~ . ~;o, - --. ._... .... d ~Y - - _ ~ - I ..d 2 ///jC I I ~ ~~ IA i ~; I m / ~ I I Im I ~ I III I L _ ~_ a ~~ ~ D o ~~ 3 ~ A Y ? ~ _'z ~.o ~ m "Zo m, (~7 U_ 0 oV~m m Z .099 and ~JO ;~ z . s;~ ~~~ 9~ I ~5 ~ ~ N; ° z ~, ~ um ` ~ o ~ °i'~ ~a• OC ~ Z ~ _ ~~ ,~ ~J fTl _r z D r D Z N I 5a..~_iee 145;3i1i5~i1 g Lt[aEtt!::} =i $ o~ p P ~.u °°~ m 4 5 ' ~ i 5 m ~ Tp i ~, ~ $o ~ n ~ S R9 ~ nogg ~ i °s 9 ~ o mom ~ s G ~ g ~ ~~° s a ~, oor /Q m y ~ ~~; ~~ ~ '! ~~ s ~ t~ r __ '- i ,` /~ it 4' _ ~~ ~„ ~ •.\ mg ~ ~ ~ ~ ~y 8 1 ~ ~ E5 ~ ~ $- ~ ; - _ \\ m .Is 'a - 1 ~ •I 1 N 1 k • ,~ > y 1 'e ~_~ '- i! ~r ~_ ;~ ;1 .; • \ . ~h . ct~1 m, ~ ~ i 1• 1_ _ _ =1= _ ~j ~ f ' i~ , ~ ~ s '` • _..~- - - ~9= o~:s' z ~ t~ _ : m. , f r, e REQUEST FOR BOARD ACTION Meeting Date: 04/01/96 Regular Item #: B Consent Item #: Additional Item #: Department: Planning ~ Presenter: D. Hayes Page Count In Agenda Package: 5 Contact: Pete Avery SUBJECT: - Rezoning Z-562, .3/96 BRIEF SUMMARY: Request by Racine, LLC to rezone 40 acres located west of Carolina Beach Road south of Echo Farms, east of Huntington Forest and north of Silva Terra Subdivision to R-10 Residential from R-1 ~ Residential. RECOMMENDED MOTION. AND REQUESTED ACTIONS: The Planning Board recommends approval. - r uNlli~c~ 5uuxt;~;: Federal S: State S: Money Is In Current Budget: Budget Amendment Prepared: County S: User Fees'S: Other S: New Appropriation Request: LGL: FIN: BUD: HR: COUNTY MANA GER'S COM MENTS AND RECOMMEND ATIONS• Item B .. Case: Zr-562, 3/96; Applicant: Racine LLC Request: R-15 to R-10 Acreage:. 40 Location: West of Carolina Beach Road, south of Echo Farms, east of Huntington Forest and north of Silva Terra Plannint Board SummarX The Board voted ~ to 2 to recommend approval of the.petition as submitted. Those voting in favor of the petition felt the change was consistent with the Land Use Plan and existing R-10 Zoning on adjoining property. Those in dissent felt the increase in density would simply add to traffic congestion problems already evident along Silva Terra Drive. Several property owners in the area spoke in opposition to the rezoning. They argued that the additional density would only increase the level of traffic congestion in the area, making it difficult for motorists and pedestrians to use local streets safely. Others were concerned about what would be built on the property and the impact it would have on their property values. The Board also considered the possibility of gaining additional access directly to Carolina Beach Road. . Planning Staff Summary The property is located west of a large R-10 District, which was originally established in April, 1971. The majority of that land is developed with single family housing -Huntington forest Subdivision and Barnards Landing. Land to the north is zoned R-15 and is under the zoning jurisdiction of the City of Wilmington. It too is developed with single family uses -Echo Farms. Land to the south is part of the Silva Terra Subdivision. It is-zoned R-15. Finally, land to the east consists of larger tracts fronting Carolina Beach Road. One of~those tracts is occupied by a private lodge and another is occupied by the County `s~emergency medical services/ambulance facility. ~ ' ' The property is classified Urban Transition .and Conservation in the 1993 Land Use Plan LJpdate.~ More intense urban type development is encouraged in the Urban Transition area provided public type services are available. Private community water and County sewer are located in the area. , The Conservation classification includes lands-lying within the 100 year flood plain. Site maps indicate that the area along the tract's northern and northeastern border are in the flood plain. Residential development is permitted. However,. the maximum density cannot exceed 2.5 units per acre. Also, construction must adhere to design standards spelled out in the Flood Plain Management. Regulations. Rezoning this site would increase the~total~number of permitted dwellings by a total of 32 units. Under current zoning, the maximum numberfof units is 100. The increase in density is relatively ;= r ~'~l~ti `~ji n~ d~"~~ ifi~est with respect to the tract s,o?erall size:and the type of development located in the general nt area. Moreover, the net increase could not be applied to the Conservation area because of limits on density and clustering of units. In several similar cases, the County has .approved the rezoning. Though no site. plan for development of the property has been submitted to date, it is apparent that access to the property would be through connections to existing residential streets in .Huntington Forest and Silva Terra Subdivisions. Road stubs currently exist at Silva Terra Drive and Pleasant Dale Drive: No access to Echo Farms is available, and due to the presence of wetlands associated with Barnards Creek, a connection is not desirable. Access directly to Carolina Beach Road"is possible, but would require the developer to procure right-of--way and subsequently build a lengthy street. The impact on the local street system is difficult to quantify; much will depend. upon the driving habits and the eventual demographic make-up of the people purchasing those units. Based upon accepted standards, it is known that 32 additional dwellings would generate approximately 320 trips.per day. This would be about a 33% increase in the total.number of trips that would occur under current zoning, which is estimated to be about 1000 trips per day. Overall, the increase in allowable density appears to be modest. Also, the site is adjacent to existing R-10 Zoning and would be located in one of the few areas of the County where such zoning is permitted. The availability of a public water system is probably the most critical item of concern. If water can be made available to the property, then staff would recommend approval. N PETITION SUMMARY SHEET Petition Number: Z-562, 3/96 Lo - Owner ttie Sellars estate Representative: Racine LLC Request:R-15 to R-10 Acreage: 40. Tax ID Number: 7.000 Location: Silva Terra .area ~. LAND USE, ZONING, UTLLITLES and SERVICES Urban Transition an'd Conservation Land Classification: -- Existing Land Use: Vacant ZoningHistory• ~' Area originally zoned Aoril 17. '1971 _ Watcr T 'Wells Ylx~ Myrtle Grove Fire District: Sewer Type• County Recresition: Arrowhead Road Acccss:, Silva Terra/pleasant Volume: Unknown __.'.__ Dale Dr. Williams and Greaorv/s_plit School District: MISCELLANEOUS PHYSICAL CHARACTERISTICS Barnards Creek C (sw) Watershed andWater Quality Classification• - Aquifer Recharge Area• Transition between Primary .and .Secondary .areas Conservation Rcsources: ~wamn Forest Historic Landmarks and Archeological Sites: None Soil Type(s) and Class: Johnston (IV) ; Baymeade (I) ; Seaqate (II) Johns"ton; unsuitable ptic Tank Suitstbility: -__ Prime Agric~lturxl Soils• None Building Suitability: Johnston: very limited; Baymeade/Seaqate: few limit a WHAT YOU NIiJST ESTr~BLI(SH 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 i\'orth Carolina General Statutes require that zonin; regulations shall be made in accordance with a comprehensive plan. Since amendments to zoning maps should also be based on +p a Land Use Plan, you must explain in the space below how your request satisfies each of the follow- ' ing requirements. ~, i. How would the requested change be consistent with the County's Policies for Gro~r•tli and Development? Urban transitional arez o-~hich pemtits R-10 2. How would the requested zone change be consistent with the property's classification on the Land Classification i11ap? It'is in the urban transitional area and permits a greater density ar}d would be no more density than on adjacent tracts. 0 .i. «'hzt 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? Developed property on one side is zoned P.-10 and has a street outlet into this property which R-10 would allow a same and similar development of the property. . In signing this petition, I understand that the existing zoning map is presumed to be correct and that I hive the burden of proving why a change is in the public interest. I further understand that the sin- filing 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 al! the information presented in . this application is accurate to the.:best of my knowledge, information, and belief. This page intentionally left blank 20~ ~~~ ~~°~ w a ~ ~- ~ U ~ ~ ~ ~ W ~ . DC o `n (~ N Z ~ N W ~ Z ~- --ti Y ~' /\ /. > ~~ '.. / p~~° ~ e<<a ~ a ~~ \ p d G~ O ~\~e Z .~ ~ , J ~~~~~~~~~~~~~~~~~~~~ x ~~- U ¢ E J Y ' _ _; m ~ ~ e'/ ~5 ~\ ~~ G~~ O~ ~~ Nr Li. ~~ - I v 1~ ~•~~ 1. ~_ U_ ll .0 .p C ~ m m t O y > > _U C ~ ~ 'D m ~ ~ Y fn (n m~ U C O. C C 1 C ~ 3 Vl ~ V1 N N N ~ 'D N `-N ~ ~ O` p~ .3 Tc a~i~ ~ v o Y= ~ ?`~ m cN-oL a~ ~ t >.•~ ~m m Q m w o 0 0 >. •- p c m -- p Y o m 2 ~ -o ~ C ~ ~ m a~ a~ •~ o~~ m L~ ami p~~ p rn.mc o U o c c a~ ~~~ `m m m o U aci m` c- c N N Ua m m~~>S~~Q~c C C'O E~~U•~•m °~-°'~~ °~Z ccrs m2~ m ~ NCUo2S ~ m.c~ Yotyao ~ m c~atf~ o>? U of ~~p~ motSUotj~nSoi3fQm Tots~mY~ c~~ ~~ !0 ~ p~ ~ a~ m ~ r c a`~ o o O c ~ a~i <6 N m °`~ m aNi .m ~ otS ~ ~ °~ -o ~ c °~ '~ ~ ~ .t c U o~ U ~ a~ mx rna~-o» m~- m -o n c c•- o >,c• ~ m a.~ m E m t p 3 X22 T3-o~ ~ c Z' ~ o c•o E mL > L.l..~ r. Z'o m~~[OU~~i~OWZZ~w¢`~~~.~c~m-`0,c~m~cnv °oo~ °aa~in¢~~C~ QCnU~ W iiU` S_-iYJ~ZOaC'J~Cn1-=»~X~IV QOOUO W IiC~2_=iYJ~Z _ .____._ _. __. ..._. .. .. m .D U "O N mL Y _ ~~C __. .~ REQUEST FOR BOARD ACTION Meeting Date: 04/01/96 Regular Item #: C Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 4 Contact: Pete Avery SUBJECT: Rezoning Z-563, 3/96 ~~~ - BRIEF SUMMARY: Request by,David Sneeden for John Newton to rezone 1.14 acres at 68» Market Street to B-2 _, Business from R-l~ Residential. ~ RE.COMMENDED MOTION AND REQUESTED ACTIONS• The Planning Department recommends approval. F DI Federal S: ~~,: State S: Money Is In Current Budget: Budget Amendment Prepared: County S: User Fees S: New Appropriation Request: Other $: REVIEWED BY: _ _ _ - _ LGL: FIN: BUD: HR: D COUNTY MANAGER'S COMMENTS AND RECOMMENDATION COUNTY Int. ~~ APPR~VEi} .I REJEC~`Ed REMOVED t,3' ~ ~ F'OSTp©NEp ~ 21 DATE ~~ ~~ Rcfer to Officc Vision 8ullctin Boazd for Disposition Item C Case: ~-563, 3/96; Applicant: David Sneeden for John Newton Request: R-15 to B-2 . Area: 1.14 acres ~ ~ _ Location: 685 Market Street Planning Board Summarx The Board voted unanimously to recommend approval,of the petition as submitted. They noted that surrounding commercial zoning had made the land less desirable for residential use. They debated rezoning the entire tract, however, the owner said he wasn't interested at this time. There was no opposition. Planning Staff Summary This property is classified Resource Protection in the 1993 Land Use Plan Update, though it is adjacent .to land classified Urban Transition. Commercial development is permitted- provided important natural resources are not destroyed or compromised. Some public services, notably County sewer, are available in the general area. ~ ~ . In the past few years, a number of nearby tracts and parcels along this stretch of Market Street and Gordon Road have been rezoned for commercial uses. These rezonings paved the way for the intense commercial development now occumng in the area. A wide range of retail and commercial services have been built and new construction continues. at a rapid pace. Though the property in question continues to be used for residential purposes, it appears the current commercialization of the area as well as its proximity to the traffic congestion along Market Street has sharply reduced, the residential .appeal it once had. _. . Based on the area's zoning pattern and commercial development activities already underway, rezoning the site to B-2 would be appropriate. The Board may want to consider rezoning the entire parcel. although the applicant only wants the area shown on the map .rezoned.. _ _ ~_ _ . The property is pra~ctical~y surrounded_by_ mmercial zoning. ~~~ .t, 22 ~Y~~~~~ ~~ , ~~~~~~~~ PETITION SUMMARY SHEET Petition Number: Z-563, 3/96 Owner: John Newton Representative: David Sneeden . Request: R- ~ 5_ t-n R- ~ Acreage: - 1.14 TaY LD Number: 4300 Location: 6855 Market St. LAND USE, ZONING, UTILITIES and SERVICES Land Classification: Urban Transition Residential E~cisting Land Use: _ ~ _ . Area originally zoned Au ust 18, 1971. Zoning Eistory: Ac~~dcPnt- [arc~~Prt-`~ tc~ t-hP nnrth r~-,.,.,~,~ +-r, tt-7 ;n ~,r~,-r-n 1494. Water Type: ..Well ~ Sewer Type' County Ogden Blair Noble Fire District: Recreation: US .17 20 , 000 ADT (' 95 est. ) Road Access: Volume: School District: Blair - ,_ _ . - ~ _ MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality Classification• Smith- Creek C (sw) Primary Aquifer Recharge Ares: _ - Conscrvation Resources: None Historic Landmarks and Archeological Sites: NnnP - -- Kureb (L) Soil Type(s) and Class: Few -7..fmits Septic Tank-Suitstbility: ~ - - _ .... 2~ - Primc Agric~lturxl Soils: None _ ~ Fecz limits Building SuitAbility: _ _ _. :.. --- ~ - a - -- -- -- - ,_ - -- -- ~ -- - - -- _- -- - - - ` __ ~A.T ~'OU M~JST ESTABLISI-I TO GET A C~YANGE OF ZOi>TING OF PROPERTY Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan. Since amendments to zonin; maps should also be based on a Land Use Plan, you must explain in the space below how your request satisfies each of the follow- in; requirements. I. How would the requested change be consistent with. the County's Policies for Gro~r•th and _ Development? Public utilities have been extended to [he area which is in transition tocards commercial uses. Traffic patterns chat have developed on adjacent roadways are adequate co support commercial services thereby reducing unnecessary travel co ocher areas to obtain commercial services. 2. How would the requested-zone change be consi tent with the property's classification on the Land Classification iViap? Transition in the area is co:rard commercial and industrial developa~enc. ~. 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? " Property lies on a major thoroughfare vith.no buffers. Property is adjacent to coc~ercial development. " ;~ { In signing this petition, I understand that the existing zoning map is presumed to be.correct aad that ! it I Piave 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 the j surrounding neighborhood would probably be illegal. I certify that all the information presented in )` 'I this application is accurate to the best of my knowledge, information, and belief. ,~ . • ~ . - Signature of Petitioner and/or Owner " t 0 e 0 e REQUEST FOR BOARD ACTION Meeting Date: 04/01/96 Regular Item #: D Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 6 Contact: Pete Avery .7VI3JL'.1.1: Special Use Permit 5-387, 3/96 BRIEF SUMMARY: Request by Amanda Smith to establish a pet grooming facility at 7903 Myrtle Grove Road. The property is zoned R-1~ Residential. RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board:recommends approval. r.y1yL11`I~ .]V VtCLL'.' Federal S: , . State S: County S: , . User Fees S:. Other S: Money 1s In Current Budget: ~ ; New Appropriation Request: Budget Amendment Prepared: . LGL: FIN: BUD:. HR: COUNTY MANA GER'S COMMENT S AND RECOM MENDATIONS• ..~ , . ~OUN'~1f ~0 A~PR~1~r I . . REJECTEQ ~ ~: . R~~ov~p- c~: ~ 2 5 PQSTPONED t7~ i DATA _ ~... _ _.__ _ Rcfer to Office Vision Bulletin Board for Disposition Item D S-387, 3/96: Request to Establish a Pet Grooming Facility at 7903 Myrtle Grove Road APPLICANT: Amanda Smith NOTE: The applicant seeks to open a pet grooming facility in an existing structure. Currently, the structure is used for the repair of small engines, such as lawn mowers, weed eaters and related tools. Due to the current zoning, the repair operation is deemed non- conforming.. The site is zoned R-15 and the establishment of a kennel, animal grooming facility, breeding facility or training facility for a fee requires the issuance of a special use permit. Planning Board Summary With very little discussion, the Board voted unanimously to recommend approval of the application as submitted. The Board determined that the use would not create negative impacts on nearby residential uses, nor would it be inconsistent with the land use plan. There was no opposition. Preliminary Staff Finding 1, The Board must find that the use ~yill not materially endanger the public health or safety if located where proposed and developed according.to the plan as submitted and approved. A. Because the proposed use would be considered'a place of business, local health laws require bathroom facilities be provided. Water and sewer would be provided by an individual well and septic tank. B. The site is located in the Myrtle Grove VFD District. C. The site has direct access to Myrtle Grove Road. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. ~ - A. Facilities offering kennels, grooming, breeding and/or~training of domesticated animals for a fee are permitted by special use permit in~ the R-15 District under the general category of "kennels." The site is zoned R-15 B. The proposed use of the property is for pet grooming only. There are no known plans for _ boarding, breeding or training. ~ - - . .:..... C. The proposed activity would be conducted indoors. D. The site has frontage along a state maintained road. ~ - ~_ E. The minimum front and side yard setback required is 50 feet. F. The maximum allowable sign area is 2.25 square feet. The existing sign on the property for the engine repair business exceeds this maximum.. ~ ' 3. The Boa~rdmu~t~fin~`d~`th a't~ttie~use will not substantially injure the value of adjoining or ~~~~ abutting property or;~tha"tthe~u e~is~a public necessity.. A. y/.~~ The property i~s'cur ently=~u`sed~for non-residential purposes, although it is non-conforming. 2V Z ~~~ 'R `Fri ~j i i ! c ,•(- Il Ilf { ~7 ~ Y34f t~~r L~ ~- 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. Excluding the existing non-conforming use, the general area consists of vacant lots, single- family uses, mobile homes and mobile .home parks. B. The nearest non-residential activity to this site is the convenience food store located to the southwest at Carolina Beach Road. ~~ ~ ~ ~ .. I . _ . , I ~' I I . 27 . ~ I~ ~ ~ ~ ~ . PETITION SUMMARY SHEET - S-387, 3/96 ~ ~~ Petition Number: Owner: Amanda Smith Representative: same Request: Pet Grooming Acreage: ~ 1 ~ Taz ID Number .8200 Location. 7907 Myrtle Grove Rd. LAND USE, ZONING, UTILITIES -and SERVICES • Resource Protection • Land Classification: . Abandoned small engine repair Existing Land Use: a Zoning History: Area originally zoned April 1971. _ Well .Septic tank. Wxtcr Typt: Scwcr Type' Fire District: - .Myrtle ,Grove . VFD Rccreation: Snows Cut Park p~ L~ Road Access: Myrtle Grove Rd. Volutnc: 3,000 ADT (' 95 Est..) School District:. Carolina .Beach MISCELLANEOUS PHYSICAL CHARACTERISTICS Myrtle Grove Sound (SA) Watershed andWater Quality Classification- Outside Primary and Secondary Area Aquifer Recharge Area: Conservation Resources: ~ ne Historic Landmarks and Archeological Sites: None- Soil Type(s) and Class• Primarily Baymeade (II) ' -Few limits tic Tank Suitability: Prime Agric~lturxl Soils: None Few limit Building Suitability. '~Yhat You. Must Establish For A Special,Use Permit ^ Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 7l. 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 satis5es these requirements: (Attach additional pages if necessary) General Rcquirentcnt nl - 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 the plan as submitted and approved." y~ ) Statement by Applica~rt: 1~ ('O t- ~j5~1~, ~2, r ~ f C: ~i~M 1^~ G ~ 7C~ b ~ 1~ ~~ m ~ ~,~ ~ I ! ~1.'F'L~('t' ~~ n ~ Q 4~ l,l: ~ ~ r\ ~ ~ 5 l_ v i L l y'1 G ~- ~`1ZLr ~~~ ~' C'.5 ~ c~ ~. r~ ~-~(, e: }~4ra CI ~r' U ~ ~ ~Lrc. General Requirement R2 ' The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance." Statement by Applicant: / . ,l ~ 5~ l.~ l ~.5 ~1 rYl 4 v'~ t- 1.~: ~ ~ l .C' iJ 1^r~ ~; l c~ l~C) i t ~~.. O~ ~! ~t ~1 l 1 ~'L ~ ~orl:~i~~~.~'~Sa~' Zon~~~ ~cd~nonCC-S ~. General Requirement ~3 The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity:" I11~ 'Statement byApplicarrt: .~1CJl n~~% t.~i ~ ~ ~~ =~i~~til.~a-'I;c~G ~ L~~ ~emt,~:rc~ Jt~.,Lk. , pkI ~ ~n~e~ ol~~ In , "5 ~~ ;-. }"nn u'~ EIS r~-SSLi ('~- ec~ (~Q f'-~ S ~~ >1~~ ~C•~ COS rn e ~- t C ~e ~'- i r,; ~ rl ~~P.~i~.-~Q--led ~~u~lcl~n~ Gcncnl Requirement ~4 The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan •of development for New Hanover County." I Statcmetrt byAPPlicanl: •~I~- `~~~ ~*1 ~.C ~-/1If ~•1 G .~ ~/ C/~'p(Yl ~J (G~Ct! ~y i ~ ~•~o~~,~ i n 1 v ~J i-~~J It`.iV.ILM `rC V~. i-- Q.. ~1 C1 L~ ~ 11 l_.7 c~ ~~~~ ~.x-~ 1.C. ~~` v C.'t n t-l~~Ic~ I, rat-~ ~~.;..~` rl ~ ~ 1 ~l 11 hCc.•~ t~; ~ ~JL~i(~~,2 i 5 VY1p~C C O/1dC.c..~j r~ ~"c: Y~~ n~ .c ~ . l" ~Tlte 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 ~ ceci6c requirement found in section 72_~ (as applicable). He/She should also demonstrate that the land ~ ~+vi!( be used in a mznner consistent with the plans and policies of New Hanover County. The Board of Commis- ~ sinners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the pecial Use Permit. .. i .certify that all o`. the information .presented in this application is accurate to the best of my I:nowledge, informa- 1 lion, and belief. ~ - 29 ~~n2ll~tctfi~~/rn,'¢~ Signature of Applicant and/or Owner i ~ G ~~ ,,. .1~ r f' -.. '~~ .:-~ 30 --~ ''.' 4- ~` . ~ d :' '.;•. ,~ . ;: ~ . ~: ~ l -- Y~ ~5~ - -,9. ~- ~~U~G ~ ~~~`~~r~~~, ~ Z_~c ~., n-~ •, ~~ 3 CSC ~ ~- j ~ l .~r u n1 ~~`T~ •~b\~-- c ' ~ ~ ~a~~ ~o T, ~ ~ LISE. SiGlyl. ~~~~ ~ 5 , _5,,,4 ~ N . ~ ? ~~.5et.{-C~~-leer ~. s~, . n c. : (3x~ ~ ~ S ~a vtd i n4 S~, . ~ ~ ~,,, S' X10 `~~~~~~ k5 -~Ce -, I S V ~ \~ ` ~ L ~, •, ~ ` A a g ' ~ ~ ~ • ~ 1 ~.~ I •~. ,' ~, z ~ ~ o• -~ ~' ~~ U a ~ Da . ~ zb I ~. ~. o ~~. r T 1 ~ .... a, v J ~ ~ { ~ ~ ';~ ;: ~ ~ -~ 1 ~"~ .~ C° o - ~ o •~ ~ LL U r rq W °' _~ cc~ . ~ ~ G LL (n N O ~ N ~. ~ ~ y (C6 L Q W o _ ~~oN~~~ U.~ ~~ m ~~ ~ C .~ p ~ O C (9 Q ~ Q[~ U~LLLi V ~ W M ~ I ~~C~~ U !D adoa H~d3g dNl'1O~ld~ i i i t i N ~ 1 i I N I.Lr L _ - - _ -- -- -- .._.._ _ --- - - - P ~~1/ I.L ~. ~.. ~. REQUEST FOR BOARD ACTION ~, Meeting Date: 04/01/96 .~ Regular Item' #: E ~ Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 5 Contact: Pete Avery .. ~. SUBJECT: Special Use Permit 5-388, 3/96 ~~ BRIEF SUMMARY: Request by Stephen Rhodes to con struct 17 duplexes as 2211 Chair Road. The property is zoned R-20 Residential. '~ , ' ~ RECOMMENDED MOTION A .. . ND REQUESTED ACTIONS• . ~ _ . The Planning Board recommends a pproval of eight (8) duplexes. . ~- l - FUNDING_SOURCE: . LL Federal S: 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 MANAGER'S COMM ENTS AND ECONIMENDATION6- _. COUNTY CO~VI~S APPROVEQ . . REJECTED Q REMOVED, Q ~ ~~~ posrPOrvED a ..~ 31 DATE ~ ~ _. ~'4. Rcfcr to Officc Vision Bulletin Board for Disposition Item E 5-388, 3/96: Request to Construct 17 Duplexes on 19.92 Acres at 2211 Chair Road APPLICANT: Stephen Rhodes NOTE: The applicant proposes to construct 17 duplexes (34 dwellings) on 19.92 acres. There are no plans to subdivide the property. -The units would be rented. The Zoning Ordinance permits more than one principal use per lot provided adequate land area is available. . Plannin~;.,Board Summary The Board voted to recommend approval, but for only eight (8) of the duplexes shown on the original plan. Because the latest version of the planned Wilmington By-pass indicates it will cross the rear portion of the applicant's land, the Board felt it would be prudent to avoid development in that area of the property until the route of fhe road could be more accurately defined. The applicant agreed. The Board also recommended that road improvements needed to serve the development comply with minimum County standards. There was no opposition. Preliminary Staff Einding,~, 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. There is no community water and sewer in the area: Service would have to be provided by individual wells and septic tanks. B. The site is located within the Wrightsboro VFD District. C. The site has direct access to Chair Road, astate-maintained road. D. Plan needs to comply with the County's Subdivision Ordinance and site design standards. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. - Duplexes are permitted by special use permit in the R-20 District. -The site is zoned R-20, B. Minimum side, rear and front yard setbacks can be easily met. C. Section 63 permits at the discretion of the Building' Inspector the erection of more than one principal use on a lot or tract. ~ ~ ~~ 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. Land in the immediate area is developed with mobile homes and scattered single family. , uses. Land to the north is zoned industrial and is occupied by General Electric's Castle Hayne Plant. It has two basicdivisions: nuclear and aircraft engines. 4. The Board musf#fin~dt'ti~a`t'~t'fi~e~location;and character of the use if developed according to the plan as submitted and apprtoved~w~ill be,~n harmony with the area in which it is to be t~ ~~l~.e ~~~ located and in general conform,ty w~h,~planfof development for New Hanover County. J2 With the exception of thewGeneral~Electnc plant to the north, the area is predominantly ;~; rural in nature. B. The proposed number of units relative to the overall tract's size is consistent with the uses permitted in the R-20 District. ~' C. Proposed alignment for the Wilmington Highway 17 By-pass (~lorthern Outer Loop) may impact the property. i ~, ,~ ~' ~, . ~~ ~~ .. ., _ . ~. .. .. P ~~ _ .... ,.. ,, ~ ~ 33 PETITION SUMMARY SHEET 5-388, 3/96 Petition Number: Steve Rhodes same Owner: Representative: _ Request:, 17 duplex units Acreage: 19. _ 9 ? _ Taz ID Number: 2 5 n ~ Location: 2201 .Chair. Road LAND USE, ZONING, UTILITIES a'rld SERVICES Resource Protection Land Classification: Ezisting Land Use: .Residential and vacant ~' Zoning History•~, Area originally zoned July 1985. Several special use r~Prmi tG fnr mnhi 1 P hnmPS h~vA haan ~.ra„tA~ : n the General area. Water Typc: well Sewer Type' .septic. Fire District: wriahtsboro Road Access: Chair Road Recreation: Rl tt?rs i ~P Volume: unknown School District: Wri ghfi~hnrn ~ - MISCELLANEOUS PHYSICAL CHARACTERISTICS Ness Creek C (sw) Watershed andWater Quality Classification• Aquifer Recharge Area: Secondary Recharge Area Conservation Resources: None Historic Landmarks and Archeological Sites:. None ~ SoilT es andClass• Primarily Onslow (.I) Yp O ~~tic Tank Suitability: Suitable 'for use Prime A ric Itura] Yes g 4 .Soils: Building Suitability: Few 1 i mi ~ _ ~" ~~ what You Must Establish For A Special Use Permit rant a ecial se Permit_is c ntained •n the Z nin rdinance ursuant to section 71. The Authority tog Sp U o t o g 0 , p 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, :vliere 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 the plan as submitted znd approved." Statement by Applicant: UI TilE41': tiOijLi1 'E I.'? REASON TO T-r.I?~i~ AidY DANGER k'OULD rn^'.F. TO ANYTiiIN<J r~R AN`lOi~E BPC\USr. GF r}Ui"; PLANS TO BUILLr LjUF'LEX t,'"IIT.`_~ ~' C1i? THIS PROPS=T`! G.encrnl Requirement #2 The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance." Statement by Applicq~rt: ' .. F.LL r:Er?'JIRED CO?iDITIO;tS AiID SPEGiFICATIO:lS Oc THE ZviJING 03DIIvA.i:CE A~:E 3EING h1ET. General Requirement ~3 The Board must find "that the use will not Substantially injure the value of adjoining or abutting property or thzt ~,.' the use is a public necessity." , Statement by Appllcarrt: ~~ ~ F.:'+'! L~rVELOPhi°P:T OC: T'riT3 nROPERTY tdiLL G:dLY I*;CREA$E Ti-?E VALUE . GF TH : AD.iOIidl:`G PRO~EFTIES. SIt~?'LY SECAJSc, OF D_ EVELOPhi~ivT. • -CLOSE PROX:Ii'ITY TO GEffEP.i"~L °.LECT'P.IC PLAi1T h:AKES 7?iIS PROi'ERTY C::•?iTitiELY FAR LAR!=L SIp?GL E ~AMILY D~:~LLII`!G'. POi'ERTY ALC~;G ~ Ci•t:~.Iit .^.~~A'J CL 0'Gr T~J TR:; P~0?Q3E E:?Th;,sJCS ARE PRIMATE AND ?iJT~L I",OBILE riCbES. THE Of::.Y HOUSES ADJOil+_TIdG THIS PROPERTY Gcneral~Rcqurrcment R~3 TRr A['PLICAN•T5. The Board must find "that the location and character of the use if developed according co the plan as submitted and approved will be in harmony with the area in which it is to be located and in genecal conformity with the plan of development for New Hanover County:' ~ Statement by Applicmrt: 41?Tii T:iE PnC~?ERTY BEING r~OCATRD r.~ELL OFF Ci•iAIR ROAD AP:D P,E:?IT..r_r C1?'HI:R .^ARCELS. T•rE DUPLE}. UPiITS 'MILL HARDLY ,E.E •SEEN =:Cari T:IL RuAD. F.S INDICATED O^f T:-iI: UL:At•:iNGS THEE•~ UNITE HILL L'~ LCCit'?D 0?' _,?,.^,G... LO'?';i. T'r.E ..;'!0:??` PROVIDES FOP. A _COcC A`1D FEEL ~~? :~ CO,•?:•r;};.?IT'.. ~. The Zoning Ordinance in some instances, also imposes additional specific requirements on the use requested by the applicant. The appiicant should be prepared to demonstrate that the proposed use will comply with each specific requirement found in section 72~ (as appliczble). HelSfie should also demonstrate that the land ~; will be used in a manner consistent with the plans and policies of New Hanover County. The Board of Commis- ~~' signers may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the Special Use Permit. ~ ' I certify that all of the in.`ormation presented in this application is accurate to the best of my knowledge, informa- tion, and belief. 0 ~, Signature of Applicant and/or Owner 35 j I I I ~ ~ ~ ~ ~ i~ W ~" i ~ ~ J O ~ N N T ~ a~ > U - r /~ A ~ ~ U n.~ vL ~ ~ I W cn ~ ~~N~ ~~~ ~°'o~ WO~ O _ N , ~ ~ ~ o mc~~ ~ ~~~. ~ I (/~ J caa~m~~'-moo ~ ~ - t~,~ UC7~~-~ Q Q oo v o ui ~ C~ _ Q`d0213NAdH 3l1StJ~ .. _ V. - .W o l _~ ~ ~ E ~_ ~_ m o , W .' .. ~ . - _ ~ ~ .. 1 a ~ ,. _ ~ ,~ i, O - ~ j ~ ~ . N .. ~. j ". ~, i t f .i - - _ ~ r .. 1 ' S' • ` , ~ { - .~ '~ t '. t .. . A-1 ,. ~ s REQUEST FOR BOARD ACTION Meeting Date: 04/01/96 --- Regular Item n: F Consent Item #: Additional Item m: Department: Planning Presenter: D: Hayes Page Count In Agenda Package: 7 Contact: Pete Avery SUBJECT: Special Use Permit S-391, 3/96 BRIEF SUMMARY: Request by Jerry Simmons to establish a dog kennel at 4121: Edna Buck Road north of Sidbury Road. The property is zoned R-15 Residential. RECOMMENDED MOTION. AND REQUESTED ACTIONS: The Planning Board recommends approval. p r ulviJtlvt, ~vux~,r,: Federal S: State S: County.S: User Fees S: Other S: Money Is In Current Budget: ~ . Budget Amendment Prepared: IYew Appropriation Request: LGL: FIN: BUD: HR: COUN TY MANAGER'S COM MENTS AND RECOMM ENDATIONS• .......... sn~..e,,~~~iw, ARPR01fEp ~~ , { _ - REJECTS DATE _ !-f _ _ -G(o 1 Rcfer to Office Vision Bulletin Boazd for Disposition ~' - Item F 5-391, 3/96: Request to Establish a Dog Kennel in an Enclosed Building at 4121 Edna Buck .Drive North of Sidbury Road APPLICANT: Jerry Simmons NOTE: _ The applicant seeks to establish a dog training kennel on a 5.1 acre tract at 4121 Edna Buck Drive. The kennel would house up to thirty (30) animals in an enclosed building, including dog runs. The only time animals would be outside would be during training sessions. The facility would be located at least 1000 feet from the nearest home and at least 100 feet from adjoining property lines. Planning Board Summary With only limited discussion concerning septic tank suitability, the Board voted to recommend approval of the application as submitted. There was no opposition. The applicant was not present at the meeting. Preliminary Staff Finding 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. A certified soil specialist states that the site is suitable for septic tank use. B. The site has access to Edna Buck Road via a 60 foot access•easement. C. The site is located in the Castle Hayne VFD District. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. . A. Kennels, dog training, grooming and breeding facilities are permitted by special use permit in the R-15 Residential District. The site is zoned R-15. B. The proposed facility will be located in an enclosed building: C. -The facility has direct access via a-60 access easement to Edna Buck Road, which is state-maintained. ~ ~ " ~ ~ • D. The facility will. be setback a minimum of 100 feet from adjoining property lines. E. The applicant plans fo install ground disposal treatment for liquid wastes. Solid' wastes will be pumped to a holding tank. A private vendor will pump out the tank and dispose of the waste off-site at an approved disposal area. F. No outside sign is identified on the•site plan. Should the applicant desire asite - ' identification sign, it cannot exceed 2.25 square feet. ~ . 3. The Board must find that the use wilt not substantially injure the value of adjoining or abutting property .or A. The prop'~o e B. There: is a wide C. The facility will be 38 screened from vies blic necessity. .ted on an acreage tract. ;ntial uses in the area. dosed building. Kennel runs outside would be i that animals could not roam freely on the property. A 1 P C-~ I i 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 general area is mostly rural in nature. B.. The facility will be designed to look much like a horse barn, a structure. common to the area. Several property owners in the area have small-scale horse stables on their property. Concerns:. - Road improvements will need to be made to the access easement. PETITION SUMMARY SHEET S-391, 3/96 Petition Number: Carol Buck Curtis Jerr Owner: Representative: - Y Simmons Request: • Dog Kennel 1900 Tax ID Number: Acreage: 5.17 Location: Edna Buck Road LAND USE, ZONING, UTILITIES and SERVICES Resource Ptotection Land Classification: Vacant Existing Land Use: Zoning History• ~' Area originally zoned July- 7~ 19Z2 Well Septic ' Watcr Typc: - Sewer Type• Castle Hayne VFD ' Fire District: - Recreation: .Riverside to Edna Buck Dr. Unknown Road Access: ~ Volume: School District: Johnson _. MISCELLANEOUS PHYSICAL CHARACTERISTICS Watershed andWater Quality ClassificAtion• . - Princ Aquifer Recharge Area: Transit-ion between Primary and S,econdar.v Areas. . None Conservation Resources: ~ . Historic Landmarks and Archeological Sites: None Primarily Leon (III) and Murville (III) '' soil Type(s) and Class: Limited due to wetness and water table tic Tank Suitability: -_ None Prime Agric4lturxl Soils: - ' Limits due to wetness Building Suitability: - _ _ _ _ t ~. ' Page 2 February 6, 1996 - Mr. Pete Averv Listed below are the "Statement by Applicant" responses to the General Requirements 1-4 ~, the ew Hanover Coun Plannin A lication Form for a S ecial Use Permit. listed on N _ ty g PP P ~l #1 The home dwelling and training kennel will be located on x.10 acres with suitable soil for 1 septic systems as stated by Mr LF Baldwins, a certified profession soil specialist of Land ~, Management Group, Inc. (see attached diagram #2). The training kennel building will be located at the rear of the property ,more than 1000 feet Gom the nearest existing home (see attached diagram #3): Indi~zdual dog houses will be enclosed inside the building which will have the capability to accommodate thirty dogs. The runs from the~dog-house to the outside will be constructed with concrete flooring enclosed with chain linl: fencing. ~~, The kennel building, dog run and exercise area will be enclosed by additional fencing to enswe the safety of the training. animals and also any animals or humans outside of the proposed site. The training animals will be housed in an enclosed building at night for their safety and for any potential distractions from the surrounding area. #2 ` The proposed property site is now listed as R-l~. As stated in the County Ordinance 72- 26, akennel may be permitted in the R-15 and R-20 residential districts with provisions listed there (see attachment #4). I will conform to all requirements of a special permit as ~~ . _ to have a place to house my training dogs. #3 My home will .be the main structwe seen on this property. The house will be a minimal of 1800 square feet. Landscaping will enhance the.site and increase the value and beauty of the .property. The natural 5.10 acres is wooded. The land will have to be cleared for the home and kennel building, leaving a natural wooded buffer zone around the proposed property. The buffer zone will' control any noise and because of the wooded area, the .~ kennel building will not be visible by homes adjoining the proposed property. We propose °• to build the kennel in such a way as to coordinate it with ow own home as to not injure t11e i value of our home or any other. The initial appearance of the kennel building will be more ,~', in line with the appearence of the horse barns already in the area or in line with the way an unattached garage coordinated with the home would be in a.ppearence. The kennel runs would not be apparently visible as to the landscaping that will be developed. . ~__ #4 In the area there exists homes that have adjoining fencing and backyard stables to accorrunodate the horses that are there. The White Oak Plantation area has horse stables within 1500 feet of the proposed property and almost every home has a dog. This area has been advertised as suitable for horses, ponies and pets. There will be no loose or '~, wonderin do s as one mi ht find with a house hold et. The trainin kennel will be 8 8 8 P g secured and maintained with control. ~~ ~ 4 ~ ~~ ~ . -_ _ _ - - - - - - - LLu- ~ :~ ~` inn-i~ ~ -.. --- __.._ -..... _ _ . , _ G~ d~a' ~'~ii~ .b-.~ : ~~ \' :, ~ 8 ~ ~~ ` ~ ;.~ 'o. ~ 3 ~j ~ ~ c I, ~ `U _ ` ~ O • ~ 1~ c ~y t~ ~ ~ ~ ~ ~~. ~ ~ 3 C '~ ~ ~~ ~~ ~ ~ o ~~ _ e . h ~ '~~ . ~ . .. _. 2 w - . ~ .~ "' ~ W ~ ~ . . ~. ~ ~ o ~'~ ~ ° ~`' ~~ -.~' ,~ _ ~ ~ '~ ~` .. .~ _ ~ ~° ~.C~ \ 0 42 . . i J a ~- t _, T+i L J . ~~ ~ ~' s_ C . ~ ~ ~ Z ~ - >~ .~ ~~ ~~ . . IY ... '~ ~,.~ .. U l :~~ k.':. _1~ 1..G _.. - ~L__~i1I11V'._ 1f l~l ~l l~ _: LII ~II~ C~_I !'.C.: L. t. =~l r;..` - Itj r c c 0 e 1 ~~` ~. r 1 I ~url~: 2 Z ch - -4 PP tract L~uc~ HanaYe~~nt Qroup. Yao U.a t t ,- .~ _ ~....___- - - -- ---.------T.me~- - ~ --------, pGUT PLAN NAP p~, Charles DixontE. Chlobowski Tract -5 tires This page intentionally left blank 44 ,~ ,; 4. .. _ ~ Y 1 i 1' ~ ,~ :~~ 1 ~ y , y. ,~ , . i _ ~ r i; ~ h f re i. t ~~ ~ ' , ~ r~ , k~ .., i ~ ~ i . ~ ;o ~ . awW o~o.. WQ a~ W O Z ; ~ Z ~~~ a..Qo ~ ¢ o~ . ~ g I Qi g ~~~~ ~> ` . • ~ ~ ~ ~ . W ~~ I ~ I ~ ~i ~ ~ Z~ i i ~ ~ ~, Z i . I o i ~ ~ ` ~ 0 g , " Q I~ ~ • Z ~ g L~ ~ i o - ~ ' ~ ' ~ 1 ~ •~ . ' _ .~ . I ~ • ~ z ~ ~ ..i I .. " ' 1 ~ 0 • 1 !i I ~ - ~ m - • ~ .. . I ~ I ~ x x ~ ir) ~ O LL. . • ~ I ~. • I .. ~ w ¢ ¢ cn c ~ ' ,Wi I `I Z ~ ~ ~ I ' N fA Q i ~ Z • I JO Z 1 ~ .. Y.W wi ~i Z Q ~ W ~ w -• -t 1 Q Q C7. . ~ W 1 Z ~ ~ J ~, ¢ ~ I W Ur . z Z ~` 1 cn ~ C7 ~ r l uzi ~ ~ O ~ j o na.. } z . 1 l W ~ .~ ¢ U ~~ Z ' z -. N. . ~ z ~ W. - ~ x ~ F.. • "' . 1 11 I z :' . ; ~ • 1 1 I. ~ Z 1 ~ ~ 11 I. , Z 0 l ~ i . i l o ~z O 1W W ~. ? 1~ 3 tw o a `W 1 ~ ~ Z ~ N J- m 1 ~ 1 'a. _. __ _ -- r - -- ~ - -- -- -- ..- ~~~ °' ~~// ~ ~ II E ~ Li. u' L = o m V m ~ W~- .~ ~ C~mCi i (n -c ~ a~ - o ors E ~ oLL~ _. E ~ m m ~ ~ ~ Q QCOU~LL1 ~ ~... L `.' ~ o ~r ~ _ - ~: .iI ~~ ,. ~~ ~, --~~-....~- ii ,~ \~, ~i - ~ ., . - ~I ~ ~ ~ li ,' ~ o 'E m ... -jE ~,.. ~i y Q• ~'I w - I - y ,r. NN1 I.I.. '~ Y I, . i O Op - ~ O _ C Jp91 i ~, Nil 2 r v ~`. '~I ~ t j ~~ ~I I + REQUEST FOR BOARD ACTION Meeting Date: 04/01/96 Regular Item #: G Consent Item #: Additional Item #: Department: Planning Presenter:. D. Hayes Page-Count In Agenda Package: 10 Contact: Pete Avery SUBJECT.: Special Use Permit S-392, 3/96 BRIEF SUMMARY.: Request by William Merriman to expand an existing community boating facility by adding six slips. The existing facility has twelve slips and is located at the eastern end. of Captains Lane in Masonboro Landing Subdivision. ' RECOMMENDED MOTION AND REQUESTED ACTIONS: The Planning Board recommends approval. FUNDING SOURCE: Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: New Appropriation Request: . Budget Amendment Prepared: ~ .qW . 1L •.~ LY- Y 1 + ~ LGL: FIN: BUD; ~ HR: +: ~ COi1NTY MANAGER'S COMMENTS. AND RECOMMENDATIONS: ~~ _ CQUNTY CAMM~ , APPROVEQ tt'3~wf ? ~'k.~«~ 51"""'"` I REJECT~a' :C~ , R~MOyE~ .Q~ 4 5 ~~, POSTPQNE©O' • DATE .._._~.. __ .~. ~U_ . _. _ _ Refer to Office Vision Bulletin Board for Disposition Item G S-392, 3/96: Request to Expand an Existing Community Boating Facility by adding Six (6) slips. The current facility has twelve (12) slips. APPLICANT: William Merriman via Chip Jackson NOTE: The applicant seeks to expand an existing twelve (12) slip community boating facility by adding six (6) slips. The existing facility was constructed in the early 1980's and pre-dated the current special use permit requirement for similar uses. The current facility is linked to Masonboro Landing Subdivision and the additional slips proposed would be linked to Phase II of Masonboro Landing Planning Board Summary The Board voted unanimously to recommend approval of the application as submitted. Existing residents of Masonboro Landing voiced concerns about several parking spaces proposed to be located adjacent to the existing bulkhead. Those spaces are intended for short-term use to accommodate loading and unloading. The Masonboro Landing residents felt the spaces should be moved away from the bulkhead to an area just, fo the west that has historically been used. The applicant noted that CAMA would closely scrutinize any planned parking that affects coastal wetlands and wasn't sure if the shifting of those spaces would be permitted. The Board didn't believe the loading area as proposed-was an important issue and decided to let CAMA determine the fate of that matter. ~ . Preliminary Staff Finding 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. If properly installed, the expansion should create minimal impacts. The additional slips would. be located along an existing-retaining wall, leaving only the installation of pilings- and the extension of the existing five (5) foot floating dock an additional 77 feet. ' B. The site has access via an existing 30 easement that will be connected to an extension of Captains Lane when'Phase II of Masonboro is constructed. • . • . C. The. site is located, in the Myrtle Grove VFD.District. _~ 2. The Board must f nd that the use meets. all required conditions and specifications of the Zoning Ordinance. A. Community boating facilities are permitted by special use permit in the R-15 Residential District. The site is zoned R-15 B. The total number slips, including the expansion area, would be eighteen (18). The total number~o.flots,~in~M~asonboro~Landing, including the Phase II expansion area, is twenty "$.r:y's'~`t~~§~'1~i3tr a t~~ •~ ~~ui~.r4t'.~r (20) Wheri Couy se~wer~b~e~comes available, the central waste treatment area for Phase II will be abandoned, fr~eemg~up~~hat land for two (2) additional lots. Adequate land are,~a~ is available°to meet off-street parking requirements. Some of the ~6 parking needs wrll~~~,~accommodated on individual lots. ~, ~,' .. ~~ D. No commercial activities are ro osed. P P 14~ 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property. or that the use is a public necessity. A. The additional slips would be located in an existing marina basin. B. Facilities like these normally increase the value of residential properties. 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. Similar facilities are commonplace along the New Hanover County waterfront. B. The facility is a water dependent use which is consistent with the 1993 Land Use Plan. ~t ~~ ~j .. -. . . 4~• ~} I .. 1 __ i ~ .~ it I ,f ~F'~ ~~ 47 ,. ,'~ ~ ~ . . .- i] PETITION SUMMARY SHEET Petition Number: 5-392, 3/96 Jack Farrar Wm.,.Merriman Owner: ~ Representative: N/A Request: Community boating fa _i~lit~y Acreage: 7700 Captains Lane Taz ID Number: Location: LAND USE, ZONING, UTILITIES and SERVICES Conservation Land Classification: Existing Land Use: 12 slip boating facility Area originally zoned October 1969. Zoning History: ~' Well W~-tcr Typc: ,. Fire District: Myrtle Grove Road Access: Captains Lane School District: Gregory Septic ' Sewer Type• Recreation:. Arrowhead J MISCELLANEOUS PHYSICAL CHARACTERISTICS Masonboro Sd. SA, ORW Watershed andWater Quality Classification• Outside Primary and Secondary areas Aquifer Recharge Area: Salt Marsh, Primary Nursery Areas Conservation Resources: - Historic Landmarks and Archeological ~itcs: None d i] Type(s) and Class: N/A: :.Marsh Area r N/A 4 optic Tank Suitability: - N/A Prime AgricUlturx] Soils: ~-'} _.Building Suitability: _ L~.?nted to water denenc3Pnt nsQG - Iul Volume: .Unknown . - ,-~, ~ha~. ~''ou lust ~sfablish ~'oz- A. Special ~Jsc ~'crmit Authority to giant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zonin~.Ordinancc 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 rcquirccncnts: (Attach additional pages if.ncecssary) General Rcquircmcnl 111 The Board tt;ust find "that the use will not materially endanger the public health orsafety if located where pro- posed ;tnd developed according to the plan as submiucd and approved." SfalcrrrcrcfbyApplicarrl: ~Ft~ A2oPo5EU (~r~•;~~~I EXPIanStor•t WttC ro"r r^r~~E~rh\LLy ~N+~r+~eR ('Vt3Lt< NL-~r-1H OR SA~ET/, ~rrC 3ASiN I$ Lucr7c0 AI ?~E ~+O OF H (~RtvA~[r CantipoLLE7 hCCESS IZoA~, Ir+e G6rr~RA~ ~uRLt~ JS NuT At,t-oW~n 1+~1 Zt~E BPc5~r1 /~cttA. General Rcquircntcnt 112 1~he Board must Lind "that the use meets all required conditions and spcciGcations" of the Zoning Ordinance." Sl:rlrnrer+! by Applicaul: CvR+~cT+•C ZontrMC, IS ~~15. ~Ro?oStp CoNStRvG11U~ I~oES rtU1 ~/~tL UNnE~Z ISIS ZJNrnI(~ REC~utRET'+r•~"~iS. Gcncrnl I:cquircutcnt N3 The Board must find "that the use will not substantially injure the value of adjoining or abuttutg property or that .the use is a public necessity." • $lal~nrrrrlby~lpplictrul: Ap'O+nc~rtL ~?oP(~~L~`_! ~D •lt~ !'.:rr~-: ijaS.hr ~° IS WtZt-icr•t ~t~C {N~r15vNR•o~ U L~t`~NOrt~cc. Sv~SarVt;1:`~1 ~O~O1N1Nt, pRof~c~rit ~ Tit= jy3~+v {; r~ /S C.u(?zei.~•~-`i UN~~~vt~t_opi;~, ~',zoPosr~ CoNSTwc•r~:~r! Wuvut~ r3F1rFt=r i ~~7ottitrr.rc, UWN~~S ~U;;rp~ OF '1•>-+C Svf3OtVlSror~ C'~~l 2AISrrlr, AP~~ZArS'Fr~ ~I'oPtsTi'T`j V!'zLU~), General Rcquirccitcnt #4 'fhe Board must find "that the location and "character of the use if developed according to the plan as submitted ~ ar,d approved will be in harmony with the area in which it is to be located and in general conformity with the plan of dcvclopritcnt focNcw I•Ianovcr County." ~_ .., S!alrnrcrr! byi1pp11cmc1: ' ~~ ~i2ofC~iO Corl~uc`+)wv t,.)rl..(., Col'>1PLE~C I~cANN~ EXPr`NSIO~1 OF THE ~oAT T3~51M ~ ?rit jUt.rr Polm~tlat_ T!•-lfa~ 1NE $r~srN II ~ WAS ~yANNN WFIr=TI (LETArrtrnt4 t,..r(}lLS (,.~1'YII- CoNS~UCT~-'rJ, I TH ~ f3AStrt t S ~ C. ~~n~ 1"~`oiJ pESfGrJ SE1'N I'ti ..p~}-r~R. DcVCZ OPmcN ~` SL.t'l°.~r'++r$ Sul?tyt+•t 7c-tl:' C+.)UN?~J. The Zoning Ordinance in some instances, also imposes additional specific rcquircmcnts on the use requested by alie applicant. The applicant should be prepared to demonstrate that the proposed use will comply with each specific requirement found in section 72 , (as applicable). hle/She should also demonstrate that the land ` will he used in a manner consistent with the plans. and pvlicies.of New I•Ianovcr County. The Board of Commis- sioners may impose additional. contfilions and. restrictions that they deem appropriate prior to tic issuing of the Special Usc 1'cnnit. - I ccrtifythat all ofthc i::fcrmation hrescntcd in this application is accurate to the b,cst of my hnowlcdgc, informa- tion, and belief. ~ ,~ . 49 ~Flii~ 7F\'.I<.JN , ~ n ~ ~. L Art.7 r~l,;rtAC. L r.t:7-rr G~:.~:~,n L`rC . ~ ,', ~ 0-c.1~~>.a,: ~~r'I 6T` fn1r~:J ~-... {4Ic+~..~.,.-a^. -~~ ~ U i3o x ~ 5 ~:~ Scgnaucre of Applicant and/or Owner i~Jtt!_•n(nt ~,: tprl rtG.:284g3 ~' `W cn . Z W ^~f~ j.A• ~ ~a j! o~ _i; 4 ~ ` -1 ~da_ ~ y ~ y' ~ vi i _~_--~___~ Ir. ~~ i= .J~ ~~ .~ /; _, ,IA ^K~ 1 ~ as ~ I . I ~ '. 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U ~~ ~ v~ '~ '~ Z 'hey o r v ' f- ~ -- o~ c~ . ~ ~ d z ~ ~, N J~~ ~ ~ \~ O ~ ~ \ U Z i r 1 < t1~ r (, Z i x ~ ~ . ~ i ~ i J ~ j N • r= } J V _~ ! ~ ~ ~ L! ~ ~ W ~ ~ ' Z ~ ~ ^ Z. ~ w Lr ~ ' Z .. ~ x ~ T7ti L7 O ~ Z O ~1 \ e /,`/ Q ~ ~ C7 ~ p L11 O< J ~ ~~ ~ Q I ~ --~ w~ ~ ,I ,OZ x~ f O C U I~ ~©~ ~•z ~~ 51 ~Z> ~ Z-J C < uop ~ c ~?~ x, az _, ~~ ~~` z~ ~,\ a h ~ c ~\ ., ' ~ , y ' ~ ~~ `~M~b ~ ' ~ ~r~ ~. ~~ ! ~\ 0~ '~ d ~_ G n. X 1--.1 D O O i r j r ~ t `` f ~ i~ ' ~N ._ ,~ r ~~ w~. ~2 l~ ~~, • 1v _o, ~ -~~U ;~ J~ ~f ~~ ~ C7 ,~ .J ~, i i a f r r w ~-- U H~ ¢~ m?z ~~-~ N ~ m ~x w~ ~wz ~ Q _~ -~JX cn ~ w ~~Z W ~ Q W _, _ Lt ~ F- UZ~ J ~ _~ ~UZ ~~O J~~ ~ZO~.. ~O h-Uw O ~ ~ W W W 000 ~~~. 000 c~ z z o o Z Q z X J (n w Q Y O Co O ~ ~ o Q ~ W Z (~ p /0 ~ ~/ J [L Q cL ~ ;? ~ .~ ~• ~' ' ~r ~ r j Q ~ ~ Q. Q. CL . ~ ~; L' O CC < ~ -/ F, Z ; j r J . ~ ~ Z . J ~ ~ . w ~ ~ ~ ; •v ~ i ~~ zf i Z ~ I ~ C O Y U ! ~ ? ~ r~ Z 1. ~ ~ cn : • ~ - _ O c ~ Z "~ 1 r ~~ . • U Y w Z! ~ n ~ Z ~ C7 r / • p . ~ T. o O Z ~ ~ r / ~ '• ~ C7 ' d 2 ~ l X ~, ~ ~ J .. _ Q a w 1 • v W Op ~ ! ~ZJ ~ W ~ L' U~c~ / ~ ~ ` cnQ X ~ O Y n ~ <~c _ j ~ ~ r- - - ._. - _ .. ... _. _- - 1 .... I f ~ e. ~ I ~ :~... ,. ~. .:.,. . I • •~~•• I .• `• ~ . i ~ ~ ~~ ~ ~ _ t o ~~ ~~ :; . i J I I : m i ~ ti ~` ~ I I Z I ~ ~ L I ` Q I - w. o ~ i ~ I ~ ~ ~ i ~ .. tL i Y ~ cn U I , O O ~ z ~ ( r.:.: W 1 c I ` ~ I ~ ' ~ : ~ ~ w I . _ ~ ~ o I p l I U u , I I i I ~' I i J ~ Z ~ ~ ~ Z Z _ I ~ I ' ~ ~ ~ XwJ I LL CL 11.1 ~~ , I~ .. w w C7 0 wM Z~trn ~~ w Y p c*~ Q Z • ~ ' F-Q~~ p ZWw.c~ ' 7 ~ O U p . p F-ZZ'n ~ Q Q ~ •- ~ ~ ~ ~ ~ U ~ Z U Q Cn Z Z Q F. ~ ~Qp n 'J w ~ ~ ~ ~ m CC J Cn - CO Q 1L LL' Cn - gy C _z J d Z c~ X ~ .- w O Z U~ z /'O L-.L V z w w z CQ G Z Q REQUEST FOR BOARD ACTION Meeting Date: 04/01/96 A 1 Regular Item.#: H Consent Item #: ~ Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 2 Contact: Pete Avery SUBJECT: Zoning Text Amendment A-2.72, 3/96 BRIEF SUMMARY: Modification of the minimum water and sewer requirements needed for R-10 Residential Districts. . ., '~ RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board recommends approval. FUNDING SOURCE: _ Federal S: State S: County S: Money Is In Current Budget: Budget Amendment Prepared:. User Fees S: New Appropriation Request: Other S: I REVIEWED BY: ~. I ~. LGL: ~ FIN: BUD: HR: i ~ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS COUNtIf COMMf~~l5...: . APPROVEt~ ~&~' ~t - ~ ~ REJECTEt~ ~' REMOVED ~` i ~ POSTP4NEQi'~ ~~ ~ DATE .- _ ~ (o ~(Hr~ Refer to Officc Vision Bulletin Board for Disposition ~ - --. - 55 Item H A-272, 3/96: Modification to the Minimum Water and Sewer Requirements for R-10 Residential Districts, Section 53-1 Current Language: ~3-1 The R-10 Residential District is established asa district in which the principal use of land is for residential purposes and to ensure that residential development having access to a public water system approved by the Slate Utilities Commissiar brit dependent orr septic tanks for sewage disposal will occur at srrffrcierrtly low densities to ensure a healthful environment: ; Planning Board Summary The Board voted unanimously to revise this section to reflect current service options. Specifically, the Board recommends Section 53-1 be amended as follows: 53-1 The R-10 District is established as a district in which the principal use of land is for residential purposes with access to either priblic water or public setit~er. If public water is trot available, them the rater system it frastrrtctrire must be installed irr accordance with Cowrty standards and connected when a public supply becomes available. The Board discussed various alternatives, including allowing R-10 with public water or sewer, allowing wells without a requirement to install a "dry" water, system, and requiring both services. Dan Dawson, a local engineer, spoke concerning this issue. He felt the best approach would be to require R-10. Districts to have either water or sewer. He argued that the current language was drafted long before the County got into the sewer business and the fact that it was available in most instances should be sufficient to establish an R-10 District, water availability notwithstanding. He added that a healthful environment could be secured with equal. effectiveness so long as_either water or sewer was available. Staff noted that these infrastructure costs would still need to be paid for by the community. Planning Staff Comments: ' `''""` .. Historically,. Section 53-1 of the Zoning Ordinance has been interpreted to mean. that R-10 Residential Districts may be established only if they have access to a public water supply, . regardless of the availability of sewer.... . _ _ .. .._ . Recently, a local developer questioned whether this section of the Ordinance would .permit the establishment of R-10 Districts with public sewer but not public water. Individual wells would be used for water supply ,Staffadvised the developer that Section 53-1 prohibited the use of individual wells forall„subd~~isions~developed~pursuant to R-10 District standards. To staff's knowledge, there:are no R=TO`Dtstr ct's~rn~the~County that do not currently utilize community or pub(l~ic water. ~ `~ ~~~'~-%~=~ u~v~ ~;.: 5V ~ ` ' ~r ~ {~",,+rgp~ri~'t¢so~c;~,x+fitti.2'~hwz!k„~ri'%`~^~~:~ ~ ~~'S ,, . e B 1 D e a e e 0 Suggestions: There are several alternatives that can be pursued to address this issue. The key point to consider is the level of services needed to support the density allowed by R-10 zoning and whether these services are readily available to serve the proposed project. For example, would a healthful environment be ensured if an R-10 project had only public sewer and not public water? • Revise the section to clearly state that no R-10 District may be established unless it has a public water system. • Revise the section to require that any R-10 District have both public water and sewer. • Revise the section to permit R-10 Districts that have either public water or public sewer. Ji,'M e ~~ 41 w ` 57 REQUEST FOR BOARD ACTION Meeting Date: 04./01/96 Regular Item #: I Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes. Page Count In Agenda Package: l Contact: Pete Avery . SU~3J~;C'1': Z_ oning Text Amendment A-273, 3/96 BRIEF SUMMARY: Modification to Section 120-1 specifying that more than two alternates may be appointed to serve on the Board of Adjustment. • RECOMMENDED MOTION AND REQUESTED ACTIONS• The Planning Board recommends approval. i 1 FUNDING SOURCE: Federal S: State S: County S: User Fees S: ' one s n urrent Bud et:. New A r g y pg pp opriation Request: Bud et Amendment Pre ared: REVIEWED BY: Other S: LGL: FIN: BUD: .HR: COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• T,. ~1 ~ APPS R~JE~7~ ` R~MQ~ .'' RpS`~R~ i ~~~~ ~ ~ ~ Refer to Office Vision Bulletin Board for Disposition 59 Item I A-273, 3/96: Zoning Text Amendment- Estab]ish Three (3) Alternates for the Board of Adjustment Instead of Two This amendment seeks to revise Section 120-1 of the Zoning Ordinance to specify that three (3) alternate members may be appointed to the Board of Adjustment. The current ordinance states two (2) alternate members may be appointed. However„the current language conflicts with existing Board of Adjustment By-laws, which requires the appointment of three (3) alternates. Those by-laws were revised by the County Commissioners on November 21, 1994 because'of concerns with maintaining quorums at regular Board of Adjustment meetings. Staff was recently advised of this inconsistency by the Zoning Enforcement Office, which is charged with overseeing the activities of the Board of Adjustment. Recommended action: Revise Section 120-1 stating that two (2) or more alternates may be appointed to the Board of Adjustment. ~ ~ ' The Planning Board recommends approval. . ~ Y~~Q 60 .°~'~ ¢ ~3° a~~'lp~. 4 ! .t ~;ig~yg.,~rgr~~as a ~_ : r. ' ~ y ~ e ~ ,~ si ~-.+c SddP44U y~~~~~ {~~4fi~~'~~ ~^'1`~'i , a 0 A e e e t REQUEST FOR BOARD ACTION Meeting Date: 04/01/96 Regular Item #: J Consent Item #: Additional Item #: Department: Planning Presenter: D. Hayes Page Count In Agenda Package: 3 Contact: Sam Burgess SUBJECT: Road Renamng/Address Assignments SN-76, 4/96 BRIEF SUMMARY: The subject road is located in the Ocean View Subdivision between Hess and Bailey Avenues, Middle Sound Community. Lancaster Street is an improved public road with five houses. The name is a duplication. A majority of residents agree with Chewning Street as a new name. Chewning Street has been confirmed by E-911. If approved, new house numbers will be assigned. An effective date of change will be determined once NCDOT has approved the change. RECOMMENDED MOTION AND REQUESTED ACTIONS- Based upon the County's road naming and addressing policies and procedures, staff recommends approval.. Federal S: State S: County S User Fees S: Other S: Money Is In Carrent Budget: hlew Appropriation Request: Budget.Amei-dment Prepared: iCIC, V 1 C. W L' U tS Y LGL: FIN: BUD:. HR: i COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS- CC~Uf~TY COMl~t~S~Q# { ~~ !'~~RROVE© 1i3~ ~ REJECTEa ~3` REMtJV~[~' ~R'` POSTPONES ~ ~,y,~/ DAT,~ _ (. Rcfcr to Office Vision Bullctin Board for Disposition Agenda Information Cover Sheet Meeting Date: Apri11, 1996 Subject: Road Renaming -Lancaster Street (SR 1488) to Chewning Street Assignment of House Numbers Summary: The subject road is located in the Ocean Vie develo ment between Hess and W , p Bailey Avenues, Middle Sound Community. Lancaster Street is an improved public road 470 feet'in length with a 60 foot right-of way with five home. The road name is a duplication. Based on an informal petition circulated by one of the residents, a majority of the neighbors along the road are in `agreement with Chewning Street as the new road name. . Chewning Street has been confirmed by Emergency 911. O If the road name is approved, new house numbers will be assigned based on the .County's numbering grid system. The County will be responsible for installing a street sign if the road name is adopted. The effective date of change will be determined once N.C.D.O.T. approves the change. Recommendation: - _ ~ ~J Based u on the Coun 's road namin and addre in olicie p ty g ss g p sand procedures, staff recommends approval. -_. -i ._ ,~ .-_.-_ .- -, _ _r _. __.___.. .~- _ f i r...: f ~1 ~¢ ~~ ~~_,,~~-, ~~~~lMv~`++++,,~~~~~~jjj~ hyr.'i~ UY K ~ r ~1 ~~du~~t 62 Ls- ..~ ~~ a e iI~ u t 0 ~~ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER IN-THE MATTER OF RENAMING LANCASTER STREET (SR 1488) TO CHEWNING STREET BEFORE THE BOARDOF COUNZ'YCOMiyIISSIONER~ ORDINANCE It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the renaming of a public road to Chewning Street located in the Harnett Township in the Middle Sound community and commencing approximately 1,080 feet north from the Middle Sound Loop Road/Hess Avenue intersection, extending 470 feet southwest to its intersection with Bailey Avenue and recorded as part of Map Book 6, Page 52 (Ocean View Development)of the New Hanover County Registry and it further appearing that a public hearing was held on Monday, April 1, 1996, at which time all persons were heard on the question of whether or not the renaming would be in the public interest; and it further appearing that notice of said hearing was transmitted to all resident owners and prominently posted in at least tw'o (2) locations along said road, and published in the Star News local newspaper,. and the Board of County Commissioners is of the opinion that said road in New Hanover County should be renamed and the renaming of same is in the public interest, the description of which is delineated on the attached exhibit. NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above described road is hereby renamed Chewning Street. IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the office of the Register of Deeds of New Hanover County, North Carolina, and that notice of the action taken by the Board of County Commissioners be transmitted to the postmaster having jurisdiction over the road, the North Carolina Board of Transportation and to any city within five (5) miles of said road in accordance with N.C. General Statutes 153A-240. This the 1st day of April, .1996: Attest: n J Clerk to the Board Robert G. Greer, Chairman 63 _<< Tliis page intentionally left blank 64 -- - . ;. -- ,__ , ~- a ~ `~ ~ ~ Y:~. Fi q~o~ C ~ $ ~ ~ :Ws" ~ 3 ui ~ m ~ +~sa ~ ~ m m 'c a U <4 0 o N ~ 3 0 Z O ~~ ~ "o m ~ L m ~ N N N U C~ m J ~. AI N _ N NLL V QL ~ U~•" `( N U Q L L ._~ m ~~ 0 7 (6 .~ ~/// C UUmI.L-~Cn~'L1J21- ~ V .. (B ... ¢critiouiiiC~=._~ r W J W . ~~=J ~~ ~- - -- ~-- z -_ cn ~ ~ .. - ~~ ~~ L... // ~~ ~ii~,~s , ~o 0 F ~~'~Gj a ~~5 ..~~ ~ r ~~ ~ - o ~~ ~~ \ ~c y5 JP' a LL : ,ec 7j~ '; i/ ur ~) G/`p W = ~0 V .~ .\ . ~O , t _ ~ Q' ~ ~~ c1~ ~. ~a a~a9 oa y W ~ ~/ a 3 4~ ,~ z . a v 0 F f. ~. t s s r e r e i NEW HANOVER COUNTY WATER AND SEWER DISTRICT ASSEMBLY ROOM, NEW HANOVER COUNTY COURTHOUSE 24 NORTH THIRD STREET, ROOyi 301 WILMINGTON, NC~ APRIL 1, 1996 6:30 P.M. ITEMS OF BUSINESS I. NON AGENDA ITEMS (Limit three minutes) 2. Approval of Minutes 3. Consideration of approval of agreement with the City of .Wilmington for Meter Improvement for Southside Waste- water Treatment Plant ADJOURN PAGE NO. 67 69 65 Tliis page intentionally left blank 66 ,~ This page intentionally left blank 1 .. „ ~ ,, 0.a 'L ~t~ !~'7, t.~ ~ ~ ~ ~ti~ ~~ ~ ~ ~ # ~~iCk y~Y~ ~3 48 ~I ~r ~ydd ~~-~ ~ P .~• ~. J f,F^~ C~f~'pM a, ~ ~~1 u _~~{ 6`8 , ~ ~~ 7 ,~~ . .,~. _ _.r . e ~. ~. .. ., .. . REQUEST FOR BOARD ACTION • .Meefing Date: 04/01/96 ~~ ~ ~ , 'Regular Item m; w&s#3 ..Consent Item.#: Additional Item ~: Departmerit: Water & Sewer District Presenter: Wyatt E. Blanchard .'~' ~ ,Page Count In Agenda-Package.:. Contact: Wyatt E. Blanchard ~ ' . ,..SUBJECT: 1~I Influent Meter Improvements Southside; Wastewater Treatment Plant • : ~ - ~ y. BRIEF SUMMARY:: An upgrade of the flow. measuring systems at the Southside wastewater treatment plant is necessary to properly monitor and separate incoming flow from the City of Wilmington,. the Northeast Interceptor acid New Hanover County. Attached' is a memorandum indicating the cost share _. - b'e~tween the~City, •County, and Town of Wrightsville Beach. The total project cost for the meter upgrade is. $39.3,300.0.0, As indicated, the County's'share is $114,9$2. The cost sharing was agreed k , upon ~by the staff of the three entities. The: City 1Vlanager is asking for a:commitment from the County for the project. The money is included in the 1996-1997 budgef for approval-and will not be needed until that time.` ~ _ , _ RECOMMENDED MOTION AND REQUESTED ACTIONS: I recommend that the project.be approved with authorization for the County Manager to si~ia a letter Q, of commitment. ~ . ` .. . . ~~ ~d . ~. ~ _ ..FUNDING SOURCE: .. .. _ Federal S: State S: County S: User Fees S: .Other S.: o ' Money iS In Current Budget:. tYo • ' New Appropriation Request: ; Budget Amendment Prepared;. No ~ . . ... REYIEV~ED BY: , __ .. . , LGL: FIN: BUD: HR: F ~. ., COUNTY 1VIANAGER'S COMMENTS AND RECOMMENDATIONS• .Recommend approval with a commitment to fund the $1.14,9821 in budget year 9 . _ ~ _ • .. COUNTY COMMtS~~Q~ _ ; .. - . .,.,, ' t REJECTIEr~ . ~ . .. _ n. ~ ~ . POSTPUff£f~ ®; • _ Refer to Office Vision Bull~ti4 card focDis osition ~ ~ W/~'"~ . _. rec., -~-~~ ,L w RO , ~ Y ~~ ~ ~~,~, "~ _~ ,t~~ ~_ ~. 1739 .,CITY of WILMINGTON ~' Norih Carolina.. u ' March "4, 1996 P.O. BOX_ 1810 28402 OFFICE OF THE CITY;MANAGER-,_ ~~.~.~e~~~~ Mr. Allen O'Neal, County Manager ~Q~. '~ 3 19.96 ~ - New Hanover County ' County Manager'Office ~ ~` `' ' 320 Chestnu-t Street ~ ~, ~1.D~~I1,~1~1'it:\"I'iVE UFFICE NEW H~#NOVER CO. . Wilmington, North Carolina 28401 ~ , ~.. RE: Southside Wastewater Treatment Plant Meter Improvements , CostFSharingAgreement ;; Dear Allen: ~ ~ , The Northeast Interceptor Technical Committee consisting of Hugh Caldwell, Wyatt Blanchard and John Nesbitt has recently met to discuss cost sharing for ahe referenced meter improvements project. Consensus was leach that cost sharing should be proportional to flow contribution. The attached memo from Hugh Caldwell estimates the flow and resultant cost sharing proportions. This letter shall serve as a letter of agreement between the City of Wilmington and New Hanover County to share 'costs on the Southside Wastewater Treatment Plant Meter Improvements Project based on the concepts and estimated costs described in the attached memo from Hugh Caldwell dated February 2, 1996. The estimated. share for New Hano"ver County is $114,982.00. If this Letter of Agreement is acceptable to you, please indicate by signing the attached copy and returning it to .Steve Bridges, City Purchasing Agent. Your cooperation in executing this agreement is appreciated: ~ k Yours very truly, - ~ ' .. . , . -.: .. _ .. Mary M: Gornto -. . v • ~~ - ~ City Manager ~ .. cc: "Hugh Caldwell, Director of~Pu-blic`~Utilities Brent ~McAbee'~; Director:of Finance ~;~ Steve Bridges, Purchasuig Agent 1° ~~~ 70 Wyatt Blanchard, County Engineer ~ s ~,at. ~,.,,. s,t,~6 d. p~ ti ~.1 G ( _ ~~{r~f ,•[c' pit ~~ __- .. - ~~_ n_ .~~,- r~ _ DATE: February 2, 1996 TO: Wyatt Blanchard, County Eno neer -New Hanover County John Nesbitt, Director of Public Works -,Wrightsville Beach RECEIVED FROM: Hugh Caldwell, Director of Public Utilities ~~ MAC 1 3 1996 SUBJECT: Southside Wastewater Treatment Plant Influent Meter Improvements Project Cost Sharing ENGINEERING DEPARTMENT Attached is a copy of the bid tabulation and plans for the Southside Meter Project Also attached is additional information .furnished by the low bidders to clarify the costs on the various project elements. During the design of this project we discussed sharing the costs on a pro rated flow basis for the shared elements. Following is a suggested cost sharing approach. I hope we can meet briefly to discuss this issue on Tuesday, February 6th at 1:00 PM (immediately before the Odor/ Corrosion Control meeting). Entity Item Description Amount : % Total City of Wilmington River Road F.M., Meter & Panel 5163,100 100% 5163,100 Echo Farms Meter- & Panel 39,000 100% 39,000 NEI Meter, Vault 3r, Panel 38,300 28% 16,204 Mobilization, junct. box, 36" DIP & Totalizer 8,300 43.75% 37.319 Total {City) $255,623 New Hanover County Barnard's Crk Meter & Panel S 47,400 100% 5 47,400 NEI Itifeter, Vault & Panel 58,300 52% 30,263 Mobilization, junct. box, 36" DIP 8: Totalizer 83,300 43.73% 37.319 Total (NHC) $114,982 Wrightsville Beach NEI Meter, Vault & Panel S 38,500 20% ~ 12,033 Mobilization, junct. bos, 36" DIP & Totalizer 83,300 12.30`% 10.662 Total (Wrightsville..Beach) $ _ 22,69.5 T2: .~ .. .- .. ~ a '~ SSWWTP Influent Meter Improvements Project Cost Sharing February 2, 1996 •. Page 'Iwo Note: 1. The ercentage NEI Meter, Vault and Panel was derived from flow percentages P measured last September. ' 2. The Percentage for Mobilization, junction box, 36-inch DIP and flow totalizer is .based on capacity allocations at the Southside Plant. 3. The costs assume the use of magnetic flow meters. cc: Chuck Davis, Program Specialist , Joe Brown, Project Manager .Brent McAbee, Finance Director 73 Tliis page intentionally left blank 74 ~1~ ~' NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSENT. AGENDA APRIL 1, 1996 6:30 P.M. ITEMS OF BUSINESS PAGE NO. 1. Approval of Minutes 77 2. Approval of easement request by BellSouth on a parcel of 79 land on Cathay Road used by the District as a well site ' . 3. Approval of Revised Budget for Home and Community Care 8~ Block Grant 9/96 for Aging Services 4. Approval of resolution relating to the sale of surplus property $9 owned by,New Hanover County Parcel Number ,~ Ro079-00-003-01.000, 623 Carolina Beach Road for the amount of $2,000.00 ~. Adoption of resolutions adding the following roads to the 95 State Highway System: Marne Drive in Glynnwood II Subdivision College Acres Drive Crews Drive D 6. Approval of Budget Amendments: A. #96-45 to increase budget for additional revenue received. 99 Controlled Substance Tax funds are budgeted as received and must be used for law enforcement activities as the Sheriff deems necessary B. #96=0158 to budget contribution from CP&L to assist in 100 drill preparations for the Brunswick nuclear power plant C. #96-0162 to budget a contribution. from Andrews Mortuary 101 ~~and reimbursement from the Department of Justice for overtime and fuel 1 e A a REQITES'I' FOR BOARD ACTION Meeting Date: U4/O1/96 regular Item #: Consent Item #: 1 Additional Item #: department: Governing Body Presenter: Lucie Harrell ?age Count In Agenda Package: Contact: Lucie Harrell JUtiJLC:l: Approval of Minutes BRIEF .SUMMARY: Approve the following minutes: Regular Meetings of,March 11, 1996 and March 1$, 1996 RECOMMENDED MOTION. AND REQUESTED ACTIONS• Approve the minutes I' V1`IL.11`Ilr JV.UKI,L' Federal S: State S: County S: User Fees S: Other S: Money Is In Current Budget: l~1ew Appropriation Request: Budget Amendment Prepared: REVLEWED .BY: i LGL: FIN: BUD:. HR: i ~ .. ~ ~ COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS• COUNT`l COMMlSSEON! APPROVED. ~C~~ REJECT£D` C1 R£MOV£~ _ _ C1` ~~ ~ Pos-rPa~ ~ . 77 DATE- -~L 1L .. Refer to Ofrice Vision Bulletin Board for Disposition ~ . - .. _ -- - --. s~ _ :'. a This page intet1tionally left blank _. ~~ . .. .._::.: _ . a ~,~,y~..__ ~:q ,. ~~~ ~.W~ ~~~ ~; Q ~. ~~~~ ~~ 78 _ ~ ~~~~~~ Q 4'"~ir~~'+,-~-i+'~h `~~v'.k ~ ~ -:.F, .-tom {l~~} ;\~ ,. O 1 1 1 1 e e. a s a e 0 ', '~ REQUEST FOR BOARD ACTION Meeting Date: 04/01/96 Regular Item #: Consent Item #: 2 Additional Item #: Department: LegaVEngineering Presenter: Kemp P. Burpeau Page Count In Agenda Package: 5 Contact: Tom Burdette JUtSJL'L1: BellSouth Easement Request . BRIEF .SUMMARY: BellSouth desires to acquire a 30' by 30' easement on a parcel of land situated on Cathay Road used by the District as a well site. The BellSouth equipment to be placed within the easement is intended to benef t the general community through enhanced telephone service. 'The use will not adversely impact the District's activities. .RECOMMENDED .MOTION AND REQUESTED ACTIONS• Consider authorizing execution of the BellSouth Easement, identified as New Hanover County Contract No. 96 - 0335, along with the associated DOT Driveway Access Permit Application. FUNDING. SOURCE: Federal S: - .State $: Money Is In Current Budget: Budget Amendment Prepared: County S: 0.00 User Fees S: New Appropriation Request: Other S: .KLVli.WL'llt3Y: LGL: APP WCOPLEY FIN: N/A BSHELL BUD: N/A CGRIFFIN HR:,N/A AMALLETT - CO N Y MAMA ER' MME T AND COMMENDA I N . Recommend a rov pp COUNTY COMMISSIQ111 ARPROVED G~! .~ REJECTEp ;Q REMOVE© Q ~~ POSTPONE' . .- ~ DATE / Q (o Ir Rcfcr to Office Vision Bulletin Board for Disposition 79 ~_ BELLSOUTH TELECOMMUNICATIONS 8: r 6-G NC STATE OF NORTH CAROLINA t~~ 9~> COUNTY OF NEW H A N O V E R Ivew Hanover County Contract n 96 - 0335 EASEMENT For acid in. cocLSideration of :~ : ~ ~ ~ :::::::: ~ hr F. ~ ~ -x- ~- ~ - ~ ,: ~ :: ~ ~- ~ ~ dollars ($ t n n .)and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the undersigned o«mer(s) of the premises described below, hereinafter referred to as Grantor, do(es) hereby grant to BELLSOUTH TELECOMMUNICATIONS, INC., a Georgia corporation, its licensees, agents, successors, assigns, and allied and associated companies, hereinafter referred to as Grantee, an easement to construct, operate, maintain, add, and/or remove such systems of communications, facilities, or related ser~~ices as the grantee may from time to time require upon, over, and under a portion of the lands described in Deed Book 1 7 fi 7 ,page 1 4 "i 7 N RW H ,4 ~I O V F. R County, North Carolina, Records, and, to the fullest extent the grantor Chas the power to grant, upon, over, along and under the roads, strec~; or highways adjoining or through said property. Thc casement is more particularly dcscribea as follows: - ~. All that tract or parcel of land lying in NEW H A NO V E R Comity, State ~of North Carolina, consisting of a (gtr,(F}) (parcel) of land LOCATED IN THE SOUTHWEST CORNER OF n402 CATHAY ROAD. THIS EASEMENT IS FULLY DESCRIBED BY THE THE ATTACHED EXHIBIT ".4" PLAT AND LEGAL DESCRIPTION. The following rights arc also granted; the exclusive right to allow any other person, firm, or corporation to attach ewes or lay cable or conduit or other appurtenances upon, over, and under said easement for communicationu or electric power transmission or distribution; ingress to and egress from said casement at all times; the right, but not the obligation, to clear t}ie easement and keep it cleared of all trees, undergrovti~th, or other obstructions; the right, but not the obligation, to trim and cut and keep trimmed and' cut all dead, weak, leaning, or dangerous trees or limbs outside the easement which might interfere with or fall upon the lines or s}~stems of communications, or related sen•ices on said lands to conform to any Cuture high~~ay relocation, widening, or improvements. To have and to hold the above granted easement unto Be1lSoutti Telecommunications, Inc., its licensees, agents, successors, assign, and allied and associated companies forever and in perpetuity. Grantor warrants that grantor is the true owner of record of tlte.above described land on which the aforesaid easement is glanced. SPECIAL STIPULATIONS OR COMMENTS: The following special stipulations shall control in the event of conflict with any of the foregoing easement: TAX ID 7913-002-002-000 Preparer's name and address: - (Return document to the ,t ~~~, ~~.a~ jI ~`( , BellSouth address on back) „-.,-.., Jack Steele ~~~~''`~''~~ ~ Bel t h . I N C '' ~~"~ ~ `~`~ "'~ ~~F~.~~~ 380 i,pyard Blvd. P O Box 9 6 0 ~.~ ~.~;i:~~? ~~; ,a{ Wilmington , N C-2~.8 4~Ot2:~~:~:~~~~.-- ~~ ~ `A 1 1 1 1 6 ' N ~. In witness whereof. the undersigned has/have caused this instnunent to be executed on the day of Signed. sealed, and delivered in the presence of: ' New Hanover County Name of Corporation [SEAL } By: Title: Chairman, Board of CoRUnissioners Attest: State of North Carolina County of New Hanover Clerk to the Board I, ~ , do hereby certify that _ Lucie F. Harre]_1 personally came before me this day and acknowledged that he (or she) is Cleric to the B.x~d of CLzmty (officer) of tbe_ i~ His Qaaity , a corporation, and backed by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Chairman (officer), sealed with its corporate seal, and attested by himself{or herself) as its Clerk (otTcer). ,Witness my hand and seal, this day of Notary Public ~ -.. ~1 'My Commission Expires: , ~~ Grantor's Address: ~ _ .NEW HANOVER-COUNTY D i 320 Chestnut Street W.ilmin~ton, NC 28301 _ L TO-BE District Drawing Il Approval `~. Grantee's Address: BellSouth ~'elecommunications ' Jack Steele 3809 Shipyar,d~bLvd. Rm 2.14 P.O. Box 960 Wilmington, NC 28402 BY BELLSOUTH TELECOMMUNICATIONS, INC. _ ' Wire Center Authority Location Plat Number RIW Number ' Title Q Exhibit A Sheet 1 of 2 RE: Description of a BellSouth Easement from New Hanover County Water and Sewer District A certain tract or parcel of land lying-and being in Federal Point Township, New Hanover County, North Carolina and being part of lot 105 Monterey Heights as recorded in map book 15 page 23 and deed book 1762 page 1437, and being more particularly described as follows: Beginning on a monument at the southwestern corner of lot 105 Monterey Heights, said monument also being located the following bearings and distances from the intersection of the centerlines _ of Cathay Road (60 ft. public right of way) and Venturia Drive(60.ft. public right of"way): N'86-45-20 E 11.8.84 ft. to a ,monument on the northern right of way of Cathay Road thence S'72- . ~ 08-00 W 30.00 ft. to the beginning point:. ., Proceed from said point'~of beginning and with the northern right of way of Cathay Road N 72-08-00 E 30.00 ft. to a monument, thence leaving said~right~of`way N~23-13-00 W 30.00 ft. to a monument, thence S 72-08-00 W 30.00 ft. to a monument in the western line of said lot 105, thence with the western line of lot 105 S 23-13-00 E 30.00 ft: to the point of beginning and containing 896 square feet according to a survey by Hanover Design Services, P.A. in February of 1996. All bearings are magnetic relative to map book 15 page 23 /~ ,eee~a~e~uir~~~~, ~~ 2ri ~ ~ CARp~ Jonathan L. W yne _,_RLS L-3.391 .~°°Opc~ ~/~,9~.~ •. Z SEAL _ . _ L-3391 : -..._ ~; _ _.. ~~9~ yam:?~"° ti 5 ~~°Pprrrrr n~~~`~` " 8~2 1 e A / ~~ ~~/ Q tr ~ ~`' O ~' ~, i na Q d o... O a.r nu >_•.~ tS od Ct 8n O .. T ~ I U ~_ ~ U ¢ W °° ~ } ~ ~. Z N ~ o ~ < °z a <_ 0 U ~ ,~ Z Z Y ~ 3 w w ~ g ~ < o > ~, ° ~~~ o ~ z o _ < ~ = W U 3 ~ a z ~ W W Z aJ W >Q } < u ¢ O ,~l~aauea+~q r _ v d ~~ z~ 3 se (~ ~ ~ O ~ ~Y. ~~` ~e~ e% ~,..... -~~V,~6 ~ ; ~ Z ~ W a ~ ~ w N O e ~Q~ M d' _ 1~ ~ Waco: ~ j ~ ~ ¢ ~ ` / `~//r~ 1 .~` rrr riM~~~,s ~<- ; ~ 3 ~ o 30 0 ~ = S ~ ~ _ ~ `-~ZI=11 , I ~ ~ 13 ~ jW 2 3 OcJ Nam Z< I < ~ I I ¢ I ~ ~o¢ 21n O'~ < z C¢Lo"WZ `~ ~O Z ~ u I N I ¢ i l & ~ I I I u< I 1 O ~ V g N 1 * I 1 .02 u F< W a Zvi lu <~7a~ y( i~ I IWU ~ I I l1 ~u~ ~ <=p ~~~-- . u ~.~p~1 ~ 3 i¢v i~ i • `'~ ` < h s.~~~ O ~ J e uo to ~ i O ~~ -~ -~VR\P O(~ V l~ ~ S~1 ~a~}' C <a~ Z b, a ~y~ I: ! I `1 / Qf W~ ¢ ~~Y zj ~ 2 `W U r G 6o PUaL~C R1GH< <`! . ~ e . ~ < F v i = ~_^ o ~ I 8888 I °~°° o I v+ \~e 1. 1 1a ~ =8888 P'`' I' O O o~4~ ~ nrn~ •$ c tJ a ~ IK 2N ZN Z I.p b n q J (~ -~-+- 1= o s u`W I ~ N F W a I •O ~ 2 N ¢y C UI ~aJ ON rN I 2 aD ~ ~6 N ° ~ ~ ~ ~ Z ~ ~ ~1 1 \~~t tt~tt~rrr// I ~ ~ j 7 W Q ~ m ~ '~ G ~ ~ v~ ~I=WO '^ ~ :~, a ~g h ~~~~ Q~~~ ~ ~~ 1 IUZW< < ` C 1 % V •~~• •rP ~~ J T O O I s zj ~ ~ d' ~i// b~ ~' N \\~` i ~ a` ~Z ~ v //rrf rrrr »t~~ \\\ ~ g ~ o ~ i~. g o ~ _~~ N s g a I- d ~!q!4X3 ~ - ~! ~! ,:: ,, "' -.r~ L..., J E-~....! L~ 8 i, ° O ~°_~~ W . -~ _ - „"< b O <m~~~ 0 ~a=~; V V , O N Y<¢a_ e~ggfia b_ Z-n~~~ c N ~' J ~ r a W m W Tlris page intentionally left blank 84 1 c t rt REQUEST FOR BOARD ACTION Meeting Date: 04/01/96 Regular Item #: ~ Consent Item#: 3 Additional Item #: Department: Aging Presenter: Page Count In Agenda Package: 2 Contact: Annette Crompton SUBJECT: Home and Community Care Block Grant Revisions 9/96 for Aging-Services BRIEF SUMMARY: Each year the Dept. of Aging is given the opportunity to reprogram units/dollars for aging services. This process takes place during the third quarter. The attached .revision form reflects the following changes: 1) Reduction in FederaU State monies by $119 2) Increase in Home Delivered Meal budget by $5910 3) .Decrease in Congregate budget by $910 4) Increase in Home Delivered Meals & Congregate reimbursement 5% RECOMMENDED MOTION AND REQUESTED ACTIONS- Recommend the Commissioners approve the Revised Budget for Home and Community Care Block Grant 9/96 and associated budget amendment #96-016. r uivl~llv~, JVUKI,L'J' Federal S: State S: County S: Money Is In Current Budget: yes Budget Amendment Prepared: ye User Fees S: New Appropriation Request: Other S: LGL: APP WCOPLEY FIN: APP BSHELL BUD: HR: N/A AMALLETT Recommend approval. i~' rltrit. `I 1 H `IL ICL' 1v11v1r,1~LAl l 1VJ: 'G~,oivT~Y COMMISSIONS p ~P'ROVED~ C~!~ 4 }r f~ ,:, U REJECT~p~ ~"{`~ ~~~~ Q E 4~`~, REMOVED .~ C~3 .~~..~ POSTPONEC~ ~ ~ti- Refer to Office Vision Bulletin Board Ifo~ Di posifron~ G iG...~" , Budget Amendment _ ... DEPARTMENT ~3 ~.- UDGET AMEN ~ DMENT # DAT Aging/Nutrition-Congregate & ~ ~ 96-0165 4/1/96 Nutrition-Home Delivered AD.TUSTMENT DEBIT. •R .DIT ~ j~ dgulg/Nutrition-Congregate '' '~ t._J CS-Meals $6;029 Nutrition-CDBG '~ $6,029 Ag1IlglNutrition-Home Delivered Nutrition-CDBG ~ ~ $5,9.10 : ~ CS-Meals ' $5,910 1!~ _ ~ ~ ~~ • EX PLANATION ~ .. . ' To revise the Aging/Nutrition-Home Delivered and Nutrition-Congregate budgets following reductions in Federal arid State monies. _. ~ ~CQUNTY COMMI 1dNER~i , ~A~'PR01/E~}akr ~ ~~y~~~~, .~ REMOVED ~'~~ "~ ~~ 4 ~~ ~~ 8 Pot• I3udgct OClicct's approval; (hen rcpor V POSTPO ~ ~ C~ `~~f'~ ~~''~,} ~ a.~ to Commissioncrx at next regular tnectins / uul enter in minutes. ~~TE -~u ~ ' y To he:~pprovcd by Conunis.inncrs. ,,:~.~~x;+.~ -.~ =' -- : -~ •' ~~ 'I'o be entered into minutes. 0 1 1 ~11 t~ `~/ t .1 ~~ ~. m m S N Z M ~r ¢~ g~ N Z N. _~ CQ CC G N 111 U W W D J N~ m aL q a o `o a N U m v m Q.V) C C m ~ ZU m O E 8 ~~ ~ N U oZ O L O ~ 'o m = t1) c N ~N E ZN~ ~. .. ~ ~ ~ I(1 ~ N Q1 ^ Y ~ ~ O O Q 11 f p N y I Q f7 V IA t~ V 67 m oV ` a '1 Qf O 7 N =---- Q--- ^ -~ --- - --- -- m -~- Q ~ v -n- o _ m N O _ O ,~ n O O , O ~ Z U ~ ~ N t9 R t7 f9 N ^ N 1G Z Z Z ~ .-. a`~ i M 1'1 ~ d p1 Q1 O fD N PI n ~ O 10 N~ N N t0 In r r ~ N O f') A t0 R .- Q C7 ~~ 2 Z Z a 1D. I~ n - Q N~ ~ O N b 8 ~ " O C P ~ ~'. ~ ~ ^ N P IA aka ID N 1~ «0I _ Ol y T p N O j n ^ ~ ~ Q N Q 0 ~ F? ~ 1 0 c ~ ' rn ~ ~ . ~ w 'X 2~ m `" r 2 2 2 2 m o _ Q W ~ c E~ ~ J J N v ~ n ~ ~ ON1 O N N m Q fV N m a0 f0 ~ ~ Of ~ v n m ~ r ~ Q v Z Z 1; ~ m rn - - - - - - - - - - - - - - - - - Q Q p U ~ Of ~ OOO 1IpA Q~ N ~ ~ U 7 ~ ~ n Nf l`1 C uu O J N ~ ~ A ' ~ ~ ' t U I N ~ N f` IA A t tpp 10 f I e~ !0 O1 V, ~ Q f~ aD C1 N f7 Q t In • ~ ~ N Q U ~ ~ m o F --- -- -_- -- -N --- - -- -- -- -- -- -- -~ N ~ C7 1~ N O V '~ - ~ O ~ C ~°E ~ ~ ~ n ~ N C m m ~ n ~ N ~ O ~ N ~ ~ N O C L, a ---- m 2~ U x x x ~ 2' _ i a-a--=------------------=-------' a$ i m c - ~~ ~E U Y ~ 0 ' 1 '0 L d 1t >< >< x x E a i m U ~ ~ ~ u .=--a--=------- ---=---------------:~ l9 m m N m N O L ~ F ~ O _> O S m A O' - U „' .N '~ m ~ 'a m m `o m to E m ~ C ~ m U ~ ~ o N E = o m m U T _ ~ o ~ E__ u 1 c 1 ~ '~ m t ~ 7 C i LL ~ ~ C ~ ~ E ~ _ ~ ~ i _ 2 o ~ U 1 cT ~~ ~ , Y 3 ~~ t m ~ C i U ~ ~ of u F' 2 a. mm ~N ~ '~ o E L QQ Q (.J O C i >i i i i i i i e t a a S ~- ^ REQUEST FOR BOARD ACTION Meeting Date: 04/01/96 Regular Item #: Consent Item #: 4 Additional Item #: Department: Governing Body .Presenter: Page Count In Agenda Package: Contact: Lucie Harrell SUBJECT: NCDOT Road Additions BRIEF. SUMMARY: Adopt resolution(s) adding the following roads to the State Highway System: Marne Drive in Glynnwood II Subdivision ' College Acres Drive Crews Drive ' _, , ~~ ~~ - RECOMMENDED MOTION AND REQUESTED ACTIONS• . 'Adopt resolution(s) .i, . ,~~ .M ~ . FUNDING SOURCE: ~' ~~f Federal S: State S: County S: User Fees S: i Money Is In Current Budget: .. ~ 1~1ew Appropriation Request: .~, Budget Amendment Prepared: i I _. REVIEWED BY: ` ~ LGL: l ,~ COUi`tTY MANA Other S: FIN: BUD: HR: F1?~C ('(1MMTi`NTC A Nil UTi'~'l1M1~iT1; Nll A Til1NC. -- Recommend approval. ~~ ~~ . ~~ i ~. ~ - ...... CUI:~iVTY COMMt IQ S$ NERS _ . .. . ~ t'PROVEO ~-~ - . REJECTED .REMOVED o 89 .. ._ P4STPpNEp DATE Refer to Office Vision Bulletin Board for Dispo;ition NORTH CAROLINA .STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PETITION North Carolina ~ ~- County of _ f~(,~ Petition request for (check one) Addition to State System. Paving ( ) Maintenance Improvement ( ) We the undersigned ,. being property owners on _ , ~ A •• ~ ~Z (U C Describe or give local name~or Secondary Roa Number in ~.~ ~~ •County do hereby request the Division of Highways of the Department of Transportation to yl/l~(,J~ ~(~~ the above-described road. - - We further advise that the road requested.to (~( ~ is Q, O miles in length and at the present time there are L' occupied homes located on the road and having entrances into the road. Finally, we agree to dedicate to the Division of Highways a right-of-way o~f 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 distance and design .Purposes and to execute said right-of-way agreement forms that will be submitted to us by representatives of the Division of Highways. REMARKS Four copies of recorded subdivision plat enclosed if applicable NAME The Division of H PROPERTY OWNERS MAILING ADDRESS TELEPHONE ways should contact the first petitioner listed below: -~~.~`~~ .~~ n.-,~~.,-.~ '~~~~~~~~~1~.~k...,~~a+y'#ib 1; uL+~J~ir:r s' __ H~k Lc~~~~c/e1~ ,.~J ~~I "' o:. ~."a/~i Revised Form. SR l a;,(5,-83) •~Ala • prevjous forms obsolete ~. i~ ~$;~ .~ ,. ~- , . g ~~, . ~~ „~ - ~ , , ~ ilJ - [ i ° I o ~S~r ~° A -' ie ~ ~ ii '31.2 MU ~~ .OS Wnphnboro . ~~~5~Stl1^L.---n_:z.---------_~_ ~~tt ~ •t I. " •sC . ~ - ~1 WRIGHTSBORO s .. , o _1 .. i ~• ' v J ~ . a POP. 7.985 ° [~~ ~ •.. - ~. ~ ` ro - 1S o 1t! ,lt 'R~'A Ov _ O~ ~? ro . 1]]. ~ o v'N ~ r Y , - f fi ( L~J o L - u. .~ .J~ .+m 29)] t' s~' - •1 1 ~o - . -i[L i . J ~ ~ [nx :ota 11L 1 NJl SQ1 J .. ~~ { ~1 ~ . ~ c .l[ ~ e J o ~ ~ 1 1_ rt 212 ,.U. 2911 _ } ~ ~~ ' ~ . F .. T' O 1L• 01^3 r ~ ,~, ~ of :,,,; ~ ,, ~,: ~ KINGS ~~ ~: „ 1:2 L 2. t' (UNIN a ~ B POP. O ,.,~t ..U ~ 1t[ ~. 29f7 ,~ ca .~ .1 ~~ .[JO°,~Y \~ •1' 291,E , _'~o 14 . - .aofe i~ 1 [ ,[[ ~ :~: ~ [c Y ~~ f .10.4 a 29y t i_ ~! ~: ~ '~ 2921^ [ • ~ \ i24.. 1L 19]1 ~~ o~ :o, [: E- ~ ~~. , s t: [ ,[ ~. ~: t a ~, ~ / ~ V ~~ t 1222 .1[ ~ ~ 2ffi1 tys .2 0• --- r [ ,~ ~ - i .il. ;;. ~ OS ~,~ .lD. - - ~ ~ .4_ )19 1~ c rtJ~ 2~ c _ ~ ~__ _ __ ~ ~ ~ 1 JI ~' :12Z ~ t •L• 2211 _ i t1 ~ \ . [ill ;~ JJ \\ .. ~ ~ 2~ J 2191 i i ~ ~.. ~: ~ -." r ,y [~~ J' tJOt [ , t tJ. J ~~ °'' ~ I % ~2 ~ O ' . `. ~ may'. `, >* ~ -~.~. ~ i ' - °u ~ ~~ t1~2 K -~ ~ ~ ~• }~I '~ [rot J Cr ..~'r •' ~1 ` ~~ c y ~r ~~ ( i [J IIOI / y3_ - '' [ 1 Jl !'11 - X2. __ I _ 1 ~~ e e ~ -L~ ~! t ~ '!1. ". - ~ ~ ~ _ _ - ... ~ .~w [ ~~~ 1 [ Jt . ' - - ` ~I \ . ~ - ~-_ ----._ r - .. _.. _~ . NORTH CAR ~ +-~ OLINA STATE DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS PETITION North Carolin ,County of ~G(J ~~/~/0(/E/~ ~ ~ _ ~j • :, ; ;'~= i ~Yf ~~ Ir 1`y G ~ '' Petition request for (check one) Addition to State System (~ - Paving ( ) /, Maintenance Improvement ( ) `We the undersi gned, being property ownert on~C,~'c~f ~ C ~~~FG ~ Describe or give local name o r Secondary Roa Number i n ~ .~1,puF;_ County do hereby request the - Division of Highways of the Department of Transportation to /~L)/,g~,9/;'V the above-descri-bed road. / We further advise that the road requested to ~/~N/~,~~/~ .is o~.~ miles ~n length and at the present time there are occupied homes located on .the road and having entrances into.the road. Finally, we agree to dedicate to the Division of Hi hwa s a ri h - - 9 Y g t of way of the necessary width to construct the road to the minimum construction standards required by the Division of Hi ghways ~. Thi s right-of-way will extend the en ti re length of the road that is requested to be improved and will include the necessary areas 'outside the right-of-way for cut and fill slopes and drainage. Also, we agree- to dedicate additional right-of-way in the public road intersections for ' sight distance and design purposes and to execute said right=of-way agreement forms that will be submitted to us by representatives of the Division of Highways. .. ~ .REMARKS , Four .copies of"recorded subdivision plat enclosed if applicable PROPERTY OWNERS . -NAME MAILING ADDRESS TELEPHONE Revised Form SR-1 (5-83) All previous forms obsolete The Division of Highways should contact the first petitioner 1°isted below: .. ~~ f '~ ~` '~~ ~i, ~~ ~' ,~ 1 - ~_ I I ~~' ~- t ~~. ~- I ~, i ',. ... I ~I~'r ~~~ -$. IViS;~~~ 3 FEB 2 9 t99 -._ St. ° 1 YIeYeSE . .~ ~ ~a. ~ g 1996 G~-~. CATHOLIC CHURCH 209 S. Lumina Avenue G~~'~ Wrightsville Beach, NC 28480 /~n~ Mr. James Cook' Department of Transportation Division of Highways 124 Division Drive Wilmington,~N. C. 28401 Dear Mr. Cook: Per our telephone conversation, enclosed are ,2 copies of request forms for NCDDT to take over the narrow piece of unpaved, isnnaintained land between Crews drive and the side yard of our Campus Ministry house at 4802 College Acres Drive. The College Students are continually using it for parking destroying the vegetation and most importantly, creating a severe. traffic visual impairment to the crossing/stop sign inter- section resulting in several near accidents. the sheriff's department has ticketed cars on occassion and we are also having cars towed. Either the sidewalk needs to be continued from Racine down past our house on Crews, or "CIO PARKING" signs and barriers erected on .this area.. The problem has come to a critical point and needs to be taken care of ASAP-for liability purposes. Business Manager ~. 93 This page intentionally left blank 94 l.• - r '~r REQUEST FOR BOARD ACTION ~, Meeting Date: 04/01/96 '~ Regular Item #: Consent Item #: ~ Additional Item #: Department: Presenter: Page Count In Agenda Package: Contact: Allen O'Neal ~, SUBJECT: Resolution relating to the sale of surplus property owned by New Hanover County '~; BRIEF SUMMARY: Parcel Ro079-00-003-015.000 located at 6235- Carolina Beach Road. The amount of offer is $2,000.. ~~ '~~ ~~ " ,_, ~' ~ . RECOMMENDED MOTION AND REQUESTED ACTIONS• Recommend approval ~ " . .~ I~j kf ~ ' i FUNDING SOURCE: ` .. Federal S; State S: - ~ County S: User Fees S: Other S: - •. ~ '` Money Is In Current Budget: New Appropriation Request: - ~~~ Budget Amendment Prepared: ~~ ...~.. ~ : REVIEWED BY: LGL: FIN: BUD: HR: _. l` Y A R' E D E ME ,~ Recommend a royal. PP . BOUNTY COMMtSSI~I i ~ ARPROYEp fig- f REJECTEp REMOV~p ~ g 5 I .~~ Pos~~,t Refer to Office Vision.Bulletin Board for Disposition • EV£ , 4~• - ~ ~` ., .. , ,~ a .,'~ ti~ w~ ~% ~ ~ .. ~;:~t,~ CITY of• WI L.M1 NGTON . ,,t~, _= North ~ Carolina 1739 ~ P.O. BOX 1 H 1 O ADMINISTRATIVE SERVICF 28402 ~ rDDc9,o~3a,ae;, (910) 341-7830 March 20, 1996 Mr. .Allen O'Neal, County Manager ~„ • New Hanover County 320 Chestnut Street , Wilmington, N. C. 28401 Dear Mr. O'Neal: The attached resolution relates to the sale of surplus property owned by New Hanover County, more particularly identified as follows: 1 Parcel .Number Address Amount of Offer ~'-{ 80079-00-003-015.000 6235 Carolina Beach Road ;2,000.00 The resolution proposes acceptance of the offer from Gerald L. Mressi, Sr. for the parcel identified above and in the attachment to the resolution. This property has an ad valorem tax value as of 1989 of ~2,000.Ob. The lll~~~ offer will be duly advertised for upset bid. Passage of the attached resolution ie recommended. Respectfully submitted, ~~~~~ , ~ 'Steven D'. Bridges Purchasing Agent ~ SDB : sws Attachments 96 ~^ . ~~.1 ~,ar~J • ~~~~r r ~ 1b'"~7K ~~'K49~bC~~ • `w~ #,~ i 1 i~ f INTRODUCED BY: Allen ,O'Neal, County Manager DATE: April 1, 1996 • RESOLUTION PROPOSING ACCEPTANCE OF THE OFFER TO PURCHASE REAL PROPERTY LOCATED AT 6235 CAROLINA BEACH ROAD 0 1~~ `~~ 0 ' ~~. I i ~( ~, ~a ,~ i` ~, LEGISLATIVE INTENT/PURPOSE: This resolution relates to the proposed sale of surplus property owned by New Hanover County, more particularly identified as follows: Parcel Number Address ~ Amount of Offer 079-00-003-015.000 .6235 Carolina Beach Road 52,000.00 Offerer.- Gerald L. Miressi, Sr. 6241 Carolina Beach Road The offerers) has agreed to pay the amount(s) indicated above for the parcel(s) 'identified. The parcel(s) has been declared surplus by the County Commissioners and not needed for public purposes. RESOLVED: 1. That pursuant to N.C.G.S. 160A-269, the County Commissioners does hereby propose. to accept the offer(s) to purchase identified herein from the offerers) as indicated.. 2. That New Hanover County reserves the right to reject any'and all offers. 3. That New Hanover County will retain any deposit posted by the offerers) when : -• 4. 5. a. The offer is withdrawn after posting the deposit. b. The offers=(s)~fail to pay-the balance. of an approved offer-, due in ' cash, within ten (10) days of receipt of a notice by certified mail of .. .availability of the deed of conveyance. The offerers) shall deposit the sum of 5$ of the total offer immediately following adoption of this resolution. - That the Clerk of the Board of Commissioners will publish a notice of the ' offer(s)•as required by N.C.G.S. 160A-269. Adopted at a regular ~• meeting on , 19 - - --- .. _. _. ,New Hanover County Board of ATTEST:. .., .- Commissioners 97 ._ _._ .._ Clerk to the Board Chairman >L -~s ~~ ~.~~ 2~ ~~ ~~rc_n!.,;i 'SEE .c-aa-s2 10.c ~ J ~~ 18 3 '-jJ . • lac.c ~ a .<. •t3 4 ~ u• ac •• r. - g ~ - 17 s ~ a<. 6 1- ` ~ ~~ • / 1,...1 ~ uaza a<. ~' 39.2 08 - I lJ a ~ ~-J . _. "`~ 01 n-q .. 14 / la.tu<.. 03 ~ rS.3 • / 7fK 33~ 14.1 ... ~<- . ' _ 34 _ 11 I w,l ac 13 a " 10 ~ ss ... Q 12 ~ 3 l 1 -~ ./ 3+ Iva "~ < .> c IZ~-- • 17-N ~`e ~< 31 I 1, ~ ~ l +•~ 7f 1] .... 4~ z 4 ~ - u. a ~~QQQ~ppp- ~~ -~ 7 14. ... ~ a s,4 1 2e = ~ '3l.aa 19~s~9~c ~ 20 s.i,,ra ~ ~ ~ 27 21 tw+ s a a< - . I ta-.e ..,, 2 '1' a ... 21.1 i ~/ . Icsa<. 23 ' . ' 2s.f .<.. ~ Iil~, L3 ais.<. ?i4 244. ! < ~f '. 1. `~ ' a~.a3. '•G4.2 1 ~ 2 . _- 23r rl«.• 24.~•t 12 •.a •c eta ~ T-If Ii~ r l 1.4 1.1 31 tic7sk - - .. »'1• _ t*~k l .a.r .<. 1a.- ~ 1:4 1. 1.1 zct.l<. s 1:5~ 06 I _ 3 3I 3GZ.928272£2~2a. 3 .,~ • 4 t a --~: r.es ... - I I ~ ~ rta •~la l9 f M 1 . xEnrxp .. v<-t. r:lp tfr,•wp ' n.T • t. n Yom[ ~__~ ]rtCr tn:.~t ~L~ K• w J.(1 <wr.r.+1 <r41 At: N WG.•yY[A ~.~.~:'7 1.Y• 1w( ~~_~~ r.<..•".<10 -^: l'.I• ~~ YK+:<r w.t[t.~<~~ L,1 r::n 7ti L :}.!Va ....ur a.+[ ~ . .rj+ al ~oc+ -rai!. ~ 1 . a H: < 1.'fl7 •. ~~I .a• h.r• •1 w~: •'.~ I~ l•:~. r. w.M ~.1 t+fr ' r ; ' 1 a7aP s2 ~ ' :jl C1 t] „mot ~~-• _- r ~•~ -~_i_~~ t- - -- - - ~ B~xd of ,A-.znend.xxleizt CONSENT AGENDA A ril l 1996 g P , . .". ~1 DEPARTMENT• ' Controlled Substance Tax ~? BUDGET AMENDMENT 96-45 ADJUSTMENT- ~bntrolled Substance Tax Controlled Substance Tax ~ontrolleci Substance Tax ~f V Supplies ~~ ~` ~. ~~J _ • ~,~ " ;, ~~ . . ~ ~ - ._ I ~" DEBIT: $562 0 EXPLANATION DATE: 4-1-9~6 CREDZT• $562 trolled used for law ~ To increase .bud et for additional reve~n~u~e frte~ceivea~. I Substance Tax funds are budgeted as received and~mu enforcement activities as the Sheriff deems necess•a ~,~ ~, ~a,~ ~ >, . K^,a i, f `, ~ ~ COMl~fiS~ ~, . ,t ~~ovE© •.. I:~ #~CTED ~ ~ ~ tF ~ F~ ~~'~j For Budget O(ficei s a ;then report to Commtssloners at n t lar meeting and enterln minutes. v~ To be approved by CommLssioncrs. ~" To be entered info minutes. .~~. ~ CONSENT AGENDA Budget Amendment April 1, 1996 Item No. 6B DEPARTMENT BUDGET AMENDMENT # Emergency Management 96-013 ADJUSTMENT DEBIT Emer~ncv Management Other $x,000. Departmental Supplies Training and Travel EXPLANATION To budget contribution from CP&L to assist in drill preparations for nuclear power plant , DATE 4/1/96 CREDIT 53,000 $2,000 Brunswick a Ynr,xac Fot Budget Officer's approval; then report 100 ~ 9~. ~~~a~. .. „~ ~ tos6ommissioners at next regular mccting ~'°~ ~`~- ~~' b• 't,~Y r. ''~`= ~"`~and enter in minutes. ~ ~~ ~ ; `{ ~ ~ Toabe approved by Commissioners. ~~ ~ "', ~ ;+~"~~~0 6e entered into minutes. 7 0 ^~ '... . ~~ iii ~ iii ~ ~~ ~%%~ CONSENT AGENDA Budget Amendment April'1, 1996 '"~ DEPARTMENT BUDGET AMENDMENT # .Sheriff sDepartment/Administration 96-0162 ~~` _ ' ADJUSTMENT Sheriff's Department/Administration f Other ~~ r~ s~ rr ~, ~~~ ~~~ Salaries & Wages Departmental .Supplies Fuel & Supplies DEBIT $3,630 ., EXPLANATION DATE 4/1/96 CREDIT $2,539 $ 700 $ 391 . To budget a contribution from Andrews Mortuary and reimbursement from .the Department of Justice for overtime and fuel i 4 1 ~~ i ~~ ~i~ ~~ _' . ~-- - COUNTY COMMfSS10NERS ~ - ~;PRROVED ®~ R EJ ECTEQ O - . 'REMOVED A ~ . POSTPONEp ~ i DATE _ ~ _ _ For Budget officer's approval; then report to Commissioners at ~ai~r g~lar meeting and enter in minutes. ~~,,JJ To be approved by Commissioners. To be entered into minutes. Tliis page intentionally left blank 102 _ .: . S6c~y C ~ l ~ ~ - , r t`CS~I ( p 4 } ' ern t~~~~~RTh)3~ R~a ~~ a ~ ~i~' ' . . ~+ ~~p'+rw i.. /~ ~. .. ~ R j~,y V ~C"~.i6.L ~'k"wZ r--•. ~..sF,4f`.R7:~V'gM!. ?'E~+hY' , REQUEST FOR BOARD ACTION Meeting Date: 04/01/96 Regular Item #: Consent Item #: Additional Item #: 1 Department: County Manager Presenter: Allen O'Neal Page Count In Agenda Package: Contact: Allen O'Neal ~U13JL{'C:'1': Consideration of request to waive tip fee for trash generated from 1996 Airport Air Show. BRIEF SUMMARY: Bob Kemp, Executive Director of New Hanover International Airport is requesting the Board of Commissioners consider waiving the tip fee for the "1996 First In Flight Air Show" scheduled for Apri120 & 21, 1996. In the past the event has generated two (2) thirty (30) yard containers. Two thirty yard containers of "event waste" would roughly generate $500.00 in tip fees. RECOMMENDED MOTION AND REQUESTED ACTIONS: FUNDING SOURCE: Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COM EN AND RECOMMENDATIONS: Recommend waiver of tip fee. ~'-'\ ~~'~~~ ~tEJEC~p REMOVES ~ PO$T~ /T1 M~rrr ~. Irv 1 Y_ Refer to Office Vision Bulletin Board for Disposition 6' a ;~ Airport Authority William Schwartz Chairman Paul E. Gregory Vice Chairman Parks L. Griffin Shirley T. McQueen Irvin A. Roseman, DD5 Airport Director Robert J. Kemp NEW HANOVER INTERNATIONAL AIRPORT 1740 Airport Boulevard Wilmington, North Carolina 28405 1910) 341.4333 (9101 341.4365 FAX March 25, 1996 MEMORANDUM To: Allen O'Neal County Manager ~ ~ From: Robert J. Kemp ~ l;~/U Airport Directors ~" Re: 1996 First in Flight Air Show Dump Fees Confirming our brief discussion on Friday, March 22: The airport is requesting that Nevv Hanover County waive the landfill tipping fees for disposal of the air show solid waste. Our contractor, Waste Management Corp., will have t~vo thirty (30) yard containers to be dumped on Monday, April 22, 1996. We would appreciate your consideration of this request and hope that the County is a ale to again accommodate this special event. Please contact either me or Ed Cox if you have any questions or if you need any additional information. Thank you. rjk/wp 142 Y REQUEST FORBOARD ACTION Meeting. Date: 04/01/96 Regular Item #: Consent Item #: Additional Item #: 2 Department: County Manager Presenter: Page Count In Agenda Package: Contact: Allen O'Neal SUBJECT: Consideration of request from WHET for County to co-sponsor a public forum on the future development of the Wilmington Harbor. BRIEF SUMMARY: WHET is requesting the County consider co-sponsoring a public forum on the future development of the Wilmington Harbor. The forum will be held April 18 at -5:00 p.m., at the Greystone Inn. Please see attached information. This event is being held during the week that is designated as "Architects Week." RECOMMENDED MOTION AND REQUESTED ACTIONS: .Consider co-sponsoring event. FUNDING SOURCE: Federal $: State $: County $: User Fees $: Other $: Money Is In Current Budget: New Appropriation Request: Budget Amendment Prepared: REVIEWED BY: LGL: FIN: BUD: HR: COUNTY MANAGER'S COM Consider co-sponsoring event. ~ v COUNTY COMMISSIONERS ` APPROVED ~ REIECTEQ Q REMOVEp Cl POSTFON i Refer to Office Vision Bulletin Board for Disposition DATE ~ ~~'~ ~° ~i~~8~0~~~~ ~t~-~®~ ~ C~~99A ~ `a~i~~d L~ ~~'1~~ ®a ~ ,~ 152 ~ ~a~ i 03/25/1996 15:15 9107638093 DAP.E PAGE 01 J .+ P A A 2 PAGES WHET 'WILMINGTON HARBOR ENHANCEMENT TRUST P. O. BOX 331 WILMINGTON, NC 28402 251-WHET TO : ALLEN O' NEAL ~ COUNTY MANAGER „J~ ~~- `-I ~ ~ ~ CC : $O$BY GREER -- COUNTY COMMISSION ~ ~/ / ~ ~J 1 3 lI (PLEASE MAKE COPX ANA DELIVER FOR MR. GREED WE WOULD LIKE THE COUNTY TO BE A CO-SPONSOR OF A PUBLIC FORUM ON THE FUTURE DEVELOPMENT OF TIIE WILMINGTON HARBOR TO BE HELD ON APRIL 18TI~I, 1;996. I WILL CONTACT Y,OU NEXT W$EK FOR XOUR COMMENTS ANO APPROVAL TO BE A PART OF THIS PROJECT. THE ATTACHED zS A DRAFT ONLX AND WILL NOT BE SENT OUT UNTIL ALT. DETAILS HAVE BEEN CONFIRMED. RANDALL BRAY, PRESIDENT -- WHET 2.51-WHET (9438) I• 03/25/1996 15:15 9107638093 DAP.E PAGE 02 _ SECOND Y~CT.BL X G F'ORLTM ON ~ \.J THE FL72'URL DEVL~'LOPMENT C7.~T' 7'1~E W I LMrN~GT©N lYAR~OR V2A TEL EV I DLO C'ONF~RENC I NG ON ~J."'HUR~DAY ~ ~3FR I.L. ~ 8 i s~~ ~ : o o >Qr-s ~~+`RAY`STONE r1v2v 100 SOUTI~ TIYIRD ST _ W I LM I NG 0~"ON . ,NC sr ~Ar atr ab yr ~ air ~Ar err ~ y1c ytr ~ ~Ir a+t ~t ylr ,~ y~ ~1r y1r a~ sir ~Ic a4r ~ ~ ~Ac yt- ~r y1r ~- .SFOlII'SORSD JO I1VTL ~ BY ~irLl~I,lV"GTO,RIF 1`IA.RBOR $1YHA11IC$?I$11IT TRfIST WIL~IIlI-GT101lf S,F,tCTI011T A1~E'RIC'.AK ' LN'STIT7TTS Ole ARC'$~~'gCTS ~I~l/I ~']s~D CAROL III/.A EAH1~ GRAYSTOXE riv~nr YOU ARE INVITED TO ATTEND A PUBLIC FORUM WHICH WILL OFFER FIRST HAND KNOWLEDGE OF THE HISTORY of EXISTING HARBORS FROM CITIES ON THE EAST AND WEST COAST VIA TELLVIpEO CONFERENCING. REPRE8ENTATIVES FROM VARIOUS CITIES WILL BE AVAYLAHLS TO ANSWER QUESTIONS AND GIVE ADVICE THROUGH THEIR EXPERIENCES IN $IIILDING AND MAINTAINING THEIR HARBORS AND MARINAS. INk"ORMATIONAL HANDOUTS WILL AL80 BE AVAILABLE FROM THESE CITIES. AS WILMINGTON CONTINUES Td G170W, SO SHOULD THE ACCESSIBILITY TO OUR CAPE FEAR RIVER AND WILMINGTON'S RIVERFRONT. WE CAN LEARN FROM THE EXPERIENCES OF THESE MAJOR CITIES, WHICH WILL AID WHET, THE CITY, ANp THE PUBLIC IN THEIR ATTEMPT TO BETTER UTILIZE WILMINGTON'S MOST IMPORTANT RESOURCE ~ THE CAPE FEAR RIVER HARBOR!! PLEASE COME ANb JOIN IN THIS EXCITING ADVENTURE. RECEPTION/DISCU38ION IMMEDIATELY FOI,I,OWING THE MEETING. ]2eprPSpntat;vPg from the fo}.]owing o~gan.izationR are parti..c.ipat:ing: city of Wilmington Council New Hanover County Com<n.issian ResidPnt~ of Q]d Wi.].m,ingt.on NiHt:oric, DiRtrir,r. Commi.sei.on ]k~wntown Wi }.miagt.on ARSAC iat.i on Cape Pear Community Co,}lege UNC - Wilmington Rivprwatch llo+mtawa Area Revitalization EfEaz-t Hi.gtoric Wilmington Potindation NEW HANOVER COUNTY INTER-OFFICE \~ \\h\\~\.•\\' +}.~?Y~•$~:!: iiCn{ +:~u :iv.+\+ • }v:~: ~ ::~\h;• s~~':i::iiiti:'v~.v:,::i+:`:'\'*it~ih:}'\:}•}••+~:y}4•\~t i+~:i•.'•~~} ~\y\inh \i 'i •'}'}+y. ti+i •ti+ \\ TO Board of Commissioners FROM Patrick Lowe, Asst. Planning Director DATE April 1, 1996 SUBJECT : Resolution for Joint County/City CAMA Land Use Plan Update Preparation and Anticipated Schedule New Hanover County and the City of Wilmington are scheduled to begin the update of our CAMA Land Use Plan this year. This has been done as a joint effort with the city in previous years by adoption of a resolution of agreement (attachment). The following outlines the basic process and anticipated products of the Land Use Plan Update Phase I (1996-1997) - TechnicaVbackground documents 1. Citizen Participation Plan 2. Existing Land Use 3. Environmental Resources 4. The Economy 5. Population Study 6. Storm Hazard Plan 7. Community Services and Facilities 8. Summary of Plans, Policies & Regulations 9. How Wilmington Stacks Up Phase II (1997-98) -Policies and Land Classification L Future Land Use Needs 2. Policies for Growth & Development 3. Land Classification Map The County and City anticipate applying for a Local Planning and Management Grant from the Division of Coastal .Management (DEHNR) to provide for the cost of the update. Once approved by the state, the grant would come before the Board and Council for consideration and approval. If you have any questions or need additional information please contact Dexter Hayes or myself. o i .. .i .. .,, ~ ~. . f New Hanover County Board of Commissioners Resolution WHEREAS, New Hanover County and the City of Wilmington jointly prepared and adopted a CAMA Land Use Plan in 1976 and jointly updated that plan in 1982, 1987, and 1991-93; and WHEREAS, the North Carolina Coastal Area Management Act requires that the Land Use Plan be updated approximately every five years; and WHEREAS, New Hanover County recognizes that efficient and orderly growth can best be accomplished through coordination and cooperation in making planning and service provision decisions; and WHEREAS, plans for land uses. and development by residents and private industry are best served by a single, coordinated set of public growth policies; and WHEREAS, New Hanover County has a vision of and commitment to the quality of life and the future of our community; NOW, THEREFORE, BE IT RESOLVED that New Hanover County enters into agreement with the City of Wilmington to jointly prepare and adopt a CAMA Land Use Plan Update in accordance with CAMA guidelines, as implemented by a workplan to be agreed upon by County and City staffs. This, the 1st day of April, -1996. Robert G. Greer, Chairman Attest Clerk to the Board ~OUiVTY COMt~!! "' ::R APPROVED CY .:~ i2EJECTED ~ (REMOVED t7 i POSTPONED ~ HATE '~ ~1~ ;~ `,~~~~vf ~1~~ ~~:~ "~ a ~~~ ~ ~. ~~ . NEW HANOVER COUNTY ~''' INTER-OFFICE ~CUc~r1 TO: New Hanover County Commissioners ~ \,.J _ ~~~ . FROM: Wanda M. Copley, County Attorney ~ l J . RE: 'Proposed Legislation for General Assembly ' DATE: March' 28, 1996 Attached please find copies of existing legislation and New Hanover County's proposed amendments to the legislation. A short explanation accompanies each item. Should you desire any -changes or additions to these drafts, please let me know. WMC/kc cc: County Manager Clerk to .the Board ~• .f ` V .t.. ,.r~ ~ .. Ql i '/ ~ - County Financings for School Construction `Amendment of G.S. 153A-L58.1(e) to add New Hanover County . North laroiina lJeieral 5iatuce i ~ur~-2~ copy attac;iieu~ authurizc;s ~;ounties to eiiga~c iii . "installment financing." A County borrows money, placing a "mor'tgag"e" on the property to be . improved or•acquired with the borrowed funds. The "mortgage" is non-recourse, which means that if the :County defaults: on the loan,' the lender's only remedy ,is to foreclose on the mortgaged property. Section 160A-20 does not authorize school boards to do this type of financing, and - . counties are not generally authorized to use 160A-20 on their behalf for the financing of school projects. However, a county may obtain local legislation to enable it to undertake 160A-20 :~ financing to construct or renovate schools. A copy of the current legislation is attached as . ' Exhibit A. These. eight Counties currently have the authority to use 160A-20 financing.< A draft. ,of the proposed legislation~is attached as Exhibit B. ~ ~ ' .Summary of Legislation: This proposed legislation would allow New Hanover County ~ ' . to own, construct and renovate school buildings. It would also allow the school~board to transfer ari existing school or a school` ite to the County without going through the public sale. procedure. • It is necessary for the County to own the property so it can obtain a real estate mortgage to secure the County's repayment.obligation. I~t -should be noted that this legislation was amended in 1995 to provide that "the local. board of education shall be involved in the design, construction or renovation of the property to the same extent as if the local board owned the property." This. provision means that the school board must 'solicit. bids and contracts for the construction of the school facility. Thus, the 1995 modification could have a negative effect on the costs of the project, because if the school board . is the contracting party, the County cannotrecover sales taxes, as the. County can do if it is the contracting party. . ~: ~, +~? ti ,. ,' ' _ .~ - ~ e ~ - a - ~ ~ §160A-20 CH: 160A. CITIES AND TOWNS §160A-20 . '~§..;160A20..~Security interests. ' EXHIBIT (a) -Units of local government, as defined m subsection (h), .may purchase or finance the purchase of real or personal property by installment contracts that create in the property purchased.a secu- rity interest to secure payment;of the purchase price to the seller or to an individual or entity advancing moneys or supplying financing for the .purchase. transaction. ~;,~(b) Units' of local government, as defined in subsection (h); may "'f~"'" ," .: t=uii Oi r,n~'ui ~~; V1~ 117iN i'~r~lliclll,o ull real property by contracts that create in the fixtures or improve- ments, or in all or some portion of the property on which the- fix- tures or improvements are located, or in both, a security interest to secure repayment of moneys advanced or made available for such construction or repair. '. i' (c) Units of local government, as defined in subsection (h), may .use escrow accounts in connection with the advance funding of transactions authorized by this section, whereby the proceeds of such advance funding are invested pending disbursement. (d) No contract entered into under this .section may,. contain a nonsubstitution clause that restricts the right of a unit of local government to: ~ (1) Continue to provide a service or activity or (2) Replace or provide a substitute for any. fixture, improve- ment,. project, or property financed or purchased pursuant to such contract. (e) A contract entered into under this section is subject to ap- proval by the Local Government Commission under Article 8 of Chapter 159 of the General Statutes if it: (1) Meets the standards set out in G.S. 159-148(a)(1), 159-148(x)(2), and I59-148(x)(3), or involves the construe- tion or repair of fixtures or improvements on real property; and (2) Is not exempted from the provisions of that Article by one of the exemptions contained in G.S.. 159-148(b). (f) No deficiency judgment may be rendered against any unit of local government in any action for breach of a contractual obliga- tion authorized by this section, and the taxing power of a unit of . local government is not and may not be pledged directly or indi- redly to secure any moneys due under a contract authorized by this .section. (g) Before entering into a contract under this section involving real property, a unit of local government shall hold a public hearing on the contract. A notice of the public ,hearing shall be published once at least 10 days before the date fixed for. the hearing. - (h) As used in this section, the term "unit of local government" means any. of the following: (1) A county.. (2) A city. (3) A water and' sewer authority created under Article 1 of Chapter 162A of -the .General .:Statutes. (4) An airport authority whose situs is entirely within a county that has (i) a population of over 120,000 according to the most recent federal decennial census and (ii) an area of less than 200 square miles. ` 22 • . r •lJj . l~~~a [f. §160A-20,1 ART. 3. CONTRACTS §160A-20.1 ~ `~'m ~ (5) An airport authority in a county in which there are two ~ _ incorporated municipalities with a population of more than 65,000 according to the most recent federal decennial cen- ~ • sus. (6) A local. school administrative unit (i) that is located in a " ~ county that has a population of over 90,000 according to " . the most recent federal decennial census and {ii) whose ' ~ board of education is authorized to levy a, school tax. _ (7) An. area mental health, developmental disabilities, and in accordance with G.S. actin it h a g y,. or ut substance abuse 122C-147. (1979, c.~743~ 1987 (Reg. Sess., 1988), c. 981, s. l; 1989, c. 708; 1991, c. 741; s. l; 1993 (Reg. Sess., 1994), c. 592, s. 2.) Editor's Note. -Session Laws 1989, the ratification 'of this act or as rewrit- t 'that the Local.- xce t hi p , e s ac which amended this section, mss. ten by t 70$ c , . ' 2 and 3 provides: .Government Commission did not ap- ~°Sec: 2. (a) Any contract made or en- prove the contract, is hereby validated, _ • tered into, 'prior to the date of ratifica-: 'ratified, and confirmed. • tiori of this act, by a city, a county; or a `'Sec. 3. Nothing in this act shall be • water and-sewer authority created un- interpreted to limit or restrict the au- der Article 1 of Chapter 162A of the thority of cities, counties, or water- and a General Statutes which would have sewer authorities created under Article . been valid under G.S. 160A-20, subset- 1 of Chapter 162A of the General Stat- ' ~ - tions (a), (b), (c), and (f), as rewritten by >utes to purchase, improve, or finance the .. ~ this act; is hereby validated, ratified, purchase or improvement of real or per- . , . ~ and confirmed. Furthermore, such a.con- sonal property pursuant to any other ap- ' tract may not be held invalid because it plicable law, whether general,' special, containsa nonsubstitution clause, or be- or local." public hearing was advertised use:: no The 1993 " c t dm . . a s. - en Effect of Amen - and .held on the contract, or both. 1994) amendment, effective Seas. (Reg , . "(b) Any contract made or entered rior to the date of ratification of July 1, 1994, added subdivision (h)(7): into = "C ` , p on this. act, by a city,; a county, or a water Leggy Periodicals. -For note, stitutional Expansion of Local Govern- _ - and sewer authority created under Arti- ter 162A of the General ment Financing Alternatives: Wayne f Cha 1 l ' p o c e Statutes' which would have been valid County Citizens Association v. Wayne " see 70 under subsection (a) of this Section 2 or County Board of Commissioners, under G.S. 160A-20.as it existed prior to N.C.L. Rev. 1947 (1992). " ~ CASE NOTES ' , i• This section does not contravene N.C. Const., Art. V, § 4, which autho- rizes the General Assembly to regulate local government finance. Wayne County Citizens v. Wayne County Bd- of Commis, 328 N.C. 24, 399 S.E.2d 3.11 (1991). County's installment purchase contract for construction of a new courthouse and jail was authorized by this section. Wayne County Citizens v_ Wayne County Bd. of Commis, 328 N.G. 24, 399 S.E.2d 311 (.1991). § 160A-20.1. Contracts with private. entities. . A'eity may contract with and appropriate money to any person,. association, or corporation, in order to carry out any public purpose that the city is authorized by law to engage in. (1985, c. 271; s: 1.) 23 ,. ~ ~ ' fM1 ~'t.~ 1' ~ .. .. /~ .. !. r ` Y .r ' ~. . ~ .. i~ .,, _ :, ; E a i, i ~i , ~1 ' ., y s 6 ;,_ Non-Profit Corporations Receiving Public Funds , - The Board of Commissioners directed Legai to draft legislation that would require audits of all non-profit corporations that receive County funding .in excess of $2,000:00.. The Board is pa~nicularly concerned w~iti~1_ luncts ailuca~ect ~o yoiun~eer rare depar~men~s anar.escuc squads. A ° copy of North Carolina General Statute 159-40 entitled "Special Regulations Pertaining to Non- Profit Corporations Receiving Public Funds" is attached. The proposed legislation follows; amending the $1..,000.00. appropriation to. $2,000:00 and- deleting volunteer fire departments and rescue squads from the audit exemption. ~~ §159-40 CH. 159. LOCAL GOVERNMENT .FINANCE §159-41 Part 5. Nonprofit Corporations Receiving Public , Funds. § 159-40 Special regulations pertaining ~ to _, non ~, '`:profit corporations ._.:recei~ing _public funds. (a) Tf a~city or county grants or appropriates one thousand dollars ~:~~1-0001 ~or mire in ~~an}~ fiscal ~~ear to.a npnnrofit c~rn~rai:inn ~r. ur~aruza~tuii, ~tiie city or county may require that the nonprofit -corporation or organization have an audit performed for the fiscal -year in which the funds are received" and may require. that the ' nonprofit corporation or organization file a copy of the audit report with the city or county., . (b) 'Ariy nonprofit corporation or organization which receives one thousand dollars ($1,000) or more in State funds shall, at the re- quest of the State Auditor, submit to an audit by the office of the State Auditor for the fiscal year in which such funds were received. (c) Every nonprofit corporation or organization which has an _ audit performed pursuant to .this section shall file a copy of ..the audit report .with the office of._the_State Auditor. ,, {dl;The...pr-ovisions of €his -section. shall not .apply to "she}tered workshops or to Adult Development Activity Programs or to private . . residential facilities for the mentally retarded and developmentally disabled or to Developmental Day Care Centers. or to any nonprofits corpci anon or orgazizatiori whose sole use': of public funds is to' 4 pi-ovide_hospital=services or operateas a volunteer fire department, rescue`~sq.uad, ambulance squad, 'or which operates as a junior col } lege,~college'or university duly accredited by the southern regional accrediting 'association. - (e) Repealed. by Session Laws 1979, c. 905. (1977, c. 687, s. 1; 1977, 2nd ..Bess.,. c..1195, s. 1; 1979, c. 905.). Part 6 Joint Municipal Power Agencies and Joint - Municipal Assistance Agencies.. `. Editor's Note. -Session Laws 1983," Assistance Agencies" to the heading of c. 609, s. 10, added "and Joint Municipal Part 6. § 159-41. Special- regulations pertaining to joint municipal power agencies. (a) For the purposes of this Part, `5oint agency" means a public body corporate and politic organized in accordance with the provi- sions of Chapter 159B, or the combination or recombination of any ' joint agencies so organized.. ` (b) Except as provided in ,this Part, none of the provisions of .Article 3 of this Chapter shall apply to joint agencies. Whenever the provisions of this Part and the provisions of Chapter 159B of the General Statutes shall conflict, the. provisions of Chapter' 159B shall govern. (c) Each joint agency. shall operate under.an annual balanced budget r,esoIution adopted by the governing board and entered into the. minutes. A budget is balanced when the sum of the appropria- Boris is equal to the sum of estimated net revenues. and appropri- - 38 • • • ~. i . ~, •:~ ~. ~~~~ ,. o i _i "GENERAL ASSEMBLY OF NORTH. CA~ROLINA_ L996 SESSION AN ACT TO REVISE•~THE SPECIAL REGULATIONS "PERTAINING TO NON-PROFIT CORPORATIONS . - ~ ;; - . RTC~EIVING PU}3L1C FtTNDS - ~ The-General Assembly of North Carolina enacts: ~ ~. • Section I . General Statute 159=40(a) is heieb} amended such aliat the reference to `,`one :thousand dollars (~ 1,000.00)" is changed to read "two thousand dollars ($2,000.00): Section 2., General Statute 159-.40(d) is thereby amended fo read: ' "(d) The provisions of this section shall. not apply to sheltered woi-kshops.or to ~ . ~~.~Adult Development Activity Programs or•to private residential facilities for the mentally retarded ~ - and developmentally disabled onto Developmental Day Care Centers..~r to any nonprofit . '.corporation or organization which operates as a. junior college; college or university duly accredited by the southern regional accrediting association." • Section 3. This act is effective upon ratification. l Q Nursing Home Advisory Committee . North Carolina General Statute 131~~-128 establishes the number of nursing home -committee members allowed per number of nursing homes in each County. We have drafted a proposed local bill that-will alaow one committee member for every fifty nursing home residents. : County Ombudsman . North Carolina General Statute 143B-18.1.15et. seq. sets out the requirements for the Long-Term Care Ombudsman. We have prepared local legislation that will allow New Hanover County to retain its own Ombudsman.. , -1 -:f .r: • §131E,-128 ART.:6. FACILITY LICENSURE ACT §131E-128 • §~ 131-E-128.-Nursing-.home~advsory committees..„: (a) It is the purpose of the General Assembly that.,community ' advisory committees work to maintain the intent of this Part - within. the nursing homes in this State, including nursing homes operated by hospitals licensed under Article 5 of G.S. Chapter 131E. It is the further purpose of.the General Assembly that the -` " committees promote community involvement and cooperation with '. '. nursing homes and an integration of these•hornes into a system of . care for the. elderly. (b)(1) A community. advisory committee shall be established in each county which has a nursing home, including a nurs- ing home operated by a hospital licensed under Article 5 of G.S..Chapter 131E, shall serve all the homes iri-the county, ' and shall work with each home in the. best interest of the ,; persons residing in each home, In a county which has one, two, or three nursing homes, the committee shall have five members. In a county with four. or more nursing, homes; .. T the committee shall have one additional member for each nursing home in excess of three. (2) In each' county with four or more nursing homes, the com- mittee shall establish a subcommittee of no more than five - - members and no fewer than three members .from the com- . mittee for each nursing home in the county.." Each member . ~ must serve on at least one subcommittee.. _ (3) Each .committee shall. be appointed by the board of county . '. commissioners. Of the members, a minority (not less than one-third, but as close to one-third as possible) must- be chosen from among persons nominated by a majority. of the .chief administrators of nursing homes in the county and of ,~ ~ ,the governing bodies of the hospitals" licensed under Arti- ` cle 5 of G.S. Chapter 131E, which operate nursing homes. •: If the nursing home administrators and the governing bod- ies of the hospitals licensed under Article 5 of G.S. Chapter _ 131E, which.operate nursing homes fail to make a nomina- - - tion within 45 days after written notification has been sent e to them by the board of county commissioners requesting a - nomination, these appointments may be made by the board • ~ ' of .county commissioners without nominations. (c) Each committee member shall serve an iniiial term of one year. Any person reappointed to a second or subsequent term in the same county'shall serve athree-year term. Persons who were origi- . ,, pally .nominees of nursing. home chief administrators and the gov- - - ' _erning bodies of the hospitals licensed-under Article 5 of G.S: Chap- ter 13 E, which operate nursing homes, or who were appointed. by - ~ the board of county commissioners when the nursing home admin- ' istrators and` the governing bodies of the hospitals licensed under Article 5 of G_S. Chapter 131E, which operate nursing homes failed to make nominations, may not be reappointed without the consent of a majority of the nursing home chief administrators and the ' governing bodies of the hospitals licensed under Article 5 of,G:~:' ' ' Chapter-131E, which operate nursing homes within the county. If ~. the nursing home chief administrators and the governing bodies of .. the hospitals licensed under Article 5 of G:S. Chapter 131E, which , ..:operate nursing homes fail to approve or reject the reappointment ' _ within. 45: days of being requested by the board of county commis- ~; 67 ' _ ~ i :~ ~ - - ' +' ~ §13iE-128 CH. 131E. HEALTH CARE FACILITIES §131E-128 signers; the commissioners may reappoint 'the member if they so ' choose. • ~ ~(d) Any vacancy shall be`filled by appointment of a person fora one-year term. -Any person replacing a member nominated' by the . . ` , chief administrators and the governing bodies of the hospitals li- ,: censed under Article 5 of G.S. Chapter 131E, which operate nursing ' homes or a person•appointed when the chief administrators and the- .- ,~ overning bodies of the hospitals licensed under Article 5. of G:S: ,,..~ • nation shall be selected .from among persons nominated by the ad- . . ,. ., ministrators and the governing bodies of the hospitals. licensed un- _ , der Article 5 of. G.S. Chapter 131E, .which operate nursing homes, " . as provided in subsection (b). If the county commissioners. fail to appoint members to a committee; or: fail to fill a vacancy, the ap- • pointment may be made or vacancy filled by the Secretary or the _ Secretary's designee no sooner than 45 days after the commis- . signers have been notified of the appointment or vacancy •f nornna- tion or approval of the nursing home administrators and the gov-~,. erning bodies of the hospitals licensed under Article 5 of G.S: Chap- ter 131E, which operate nursing, homes ~is riot required. If nomina- - tions or approval of the nursing home' ad'miriistrators and the gov- • erning bodies of the hospitals licensed Under'Article 5 of G.S. Chap- . ter 131E, which operate nursing homes is required, 'the appoint- ment may be made or vacancy filled by the Secretary or the Secre- ~~ tary's designee no sooner than 45 .days after the'' commissioners ' have received the nomination or approval, or no sooner than 45 days after the:45-day period for action by the nursing home admin- _ ..-_~~ ' istrators and the governing bodies of the hospitals licensed under r • Article 5 of G.S. Chapter 131E, .which operate: nursing Homes: - ~ (e) .The committee shall elect from its members a chair, to serve a ~ : one-year term. . ' ~ - (f) Each member must be a resident of the county which the • • . committee, serves. No person or immediate family member of a per- son with a financial interest in a home .served by a committee; or ' ' employee or governing board.member or immediate family member `~' of an employee or, governing board member of a home served by a - committee, or immediate family member of a patient:n a home served by a committee may be a member of a committee. Member- ' • ship on a committee shall not be .considered 'an office as defined in - - G.S. 128-1 or G.S. 128-1.L Any county commissioner who is ap- - pointed to the committee shall be deemed to be serving . on 'the ' committee in an ex oflicio capacity. Members of the committee-shall ' .. _ serve without compensation, but may be reimbursed for the amount: of actual expenses incurred by them in the performance of their duties. The names of the committee members and the date of expi- , ration of their terms shall be filed with the .Division of Aging; . " ~ . which shall `supply, a copy to the Division of Facility Services. (g) The Division of Aging, Department of Human. Resources, shall develop training materials which shall be distributed to each . ~ ' _ ' committee member and nursing home. Each committee member . must receive training as specified by the Division of Aging prior to ~. .. exercising any power. under subsection (h) of this section. The Divi- . sign of Aging, Department of Human. Resources, shall provide the committees with information, guidelines,.. training,. and consulta- tion to direct them in the performance of their duties. ., ~ .. , . _ . ~ '. ~: ''fir f ,.,~~r%~ ` j ' §131E~28 ART- 6. FACILITY LICENSURE ACT §131E-128 ` (h)(1) Each committee shall apprise itself of the general condi- ' tions under which the persons are residing in the, homes, • ' ~ ~ and shall work for the best interests of the persons in the homes. This may include assisting persons who have griev- . ' ances with the home and .facilitating the resolu.tiori of .grievances at the local level. ' (2) Each committee shall quarterly visit the nursing .home' it .. serves.. For each official quarterly visit; a majority of the - committee members shall be. present. In addition, each committee may visit the nursing home it serves whenever ' it,deems it necessary to carry out. its duties. In counties with -four or .more nursing homes, the subcommittee as- • _ signed to a home shall perform the duties of the committee under this subdivision, and a• majority of the subcommittee . members must be present for any visit. (3) Each member of a committee shall have the right between - 10:00 A.M. and 8:00 P.1VI. to enter into the facility the:. _ ' committee serves in order to carry out the members' re- - sponsibi ities. In a county where subcommittees have been ' - • .established, this right of access shall be limited to homes served by those subcommittees to which the member has • been appointed. y „ (4) The committee br subcommittee may communicate through "` its chair with the Department or any other agency.in rela= 4 ~ • • - tion to the interest of any patient. The names of all com- 1 _ plaining persons shall remain confidential unless written ! • - permission is given for disclosure. ! --- (5) Each home shall cooperate with the committee as it carries out its duties. {6) Before entering into any nursing home, the committee, sub= ' ;' committee, or member shall identify rtself to ,the. person . . present at .the facility who is in charge of the facility at.. . that time. (i) Any written communication made by a member of a nursing • home advisory committee within the course aril scope of the mem- . ' ~ ber's~duties, as specified in G.S. 131E-128, shall be privileged to the . extent provided in this subsection. This privilege shall be a defense. ' ' ' _ - in a cause. ofiaction for libel if the member was acting, in good faith ` .. and the ~ statements or communications do not ,amount to `inten- . tional'wrongdoing. ~ - • ~ To the: extent that any nursing home advisory committee or any • member thereof is covered by liability insurance, that committee or ' member shall be deemed to have waived the, qualified immunity ~~: herein to the extent of indemnification by insurance. `(1977; c. 897, .%: s. 2; 1977; 2nd Sess., c. 1192, s: 1; 7:983,. c. 143,. ss. 4-9; c- 775, s. 1; . 1987, c..682, s.' 1J - ' = Editor's~Note. -Session Laws 1983, • effectuated in this section. References in ` ` c. 143, ss.. 4-9 amended repealed c: 143 to repealed Article 13A of Chapter". § 130-9.5', effective July 1, 1983. Pursu- 131 have been replaced by, references to . ' ' ant to Session Laws 1983, c. 775, s. 6, Article 5 of Chapter 131E. ~ , `" the changes made by c. 143 have been ~ i ' - .. • .. ' 1 - - 69 { f+ l : ~ .. ' .. ' ~ 1' 1 i - - l ~ C .. , ' r 1 ~ } ~ t kA x e • ~ §143B-18,1.11 ART. 3. HUMAN RESOURCES §7.438-1;8L16 '~-(fj Unless prohibitedby federal law, caregivers receiving respite care services through .the program established by this section shall pay for some of the services on a sliding scale depending on their ability to pay., Tlie Division of Aging, in consultation .with the - Co~lncils of Governments in each region, shall specify rates of-pay- ment for., the services- (1985 (Reg. Sess., 1986), c. 1014, s. 7:1; 1989, c. •500,'x. 96(a);, c.' 770, s. 63; 1991,. c. 332, ~s. I.) . §§ .143B-1:81.1T through 143B-181.14: Reserved for future . codification purposes.. Part 14D. Long-Term Care Ombudsman Program. . §~ 143B 1.81 15 Long-Term G'are• Ombudsman .Pro- . ~ _... ~..n ~..v,~._ - .,gram/Offce• olic ~.P Y~ . • The General Assembly finds that a Vsignificant number of older citizens of this State reside in long-term care facilities and are dependent on others to provide their care. It, .is the intent of the General Assembly to protect and improve the quality and care and. ' .life for residents through the establishment of a program to. assist . ~ res'idents 'and providers in the. resolution of complaints or common concerns; to promote community involvement and volunteerism in long-term -care. facilities; and to educate the public about the long- .~ term care- system. It is the further. intent of the General Assembly' , ' that the Department of Human Resources, within available re- ' sources. and pursuant to its duties under the Older Americans Act of :1965, as amended, 42 U.S.C. § .3001-3057g, ensure that the qual- ' ity of care .and life for these residents is rrmaintained, that necessary reports are made; .and that, when necessary; corrective action is taken at the Department level. (1989,. "c. 403, s. 1.) § 143B-181.16. Long-Term Care Ombudsman 'Pro= . • gram/Office; definition. Unless the content clearly requires .otherwise, as' used in this Article: (1)~ "Long-term care facility" means any skilled nursing facility • and intermediate. care facility as defined in G.S. 131A-(4) [131A-3(4)) or any domiciliary home as defined in G.S. 131D-20(2). , (2)_ "Resident" means any person who is receiving treatment or • ~ .. , ~~~ ~ ~ ~ ~ care rn any. long-teen cure facility. " (3) "State Ombudsrnari" means the State Ombudsman as de- fined by the Older Americans Act of 1965, as amended, _ who carries out the duties and functions established by this, Article. (4) "Regional Ombudsman"' means a person employed by ari • - Area' Agency on :Aging to .carry out the functions of the Regional Ombudsman Office established by this Article. ~ ' . (1989, c. 403; s. ,1.) f 123 . - ~ t PY. i ~ ~ i . .r. ~ is .. ~i .. 'x - GENERAL ASSEMBLY OF NORTH CAROLINA 1996 SESSION AN ACT AUTHORIZING NEW HANOVER COUNTY TO ESTABLISH " ~ ~~ ^^~ ~ ~ - A (`l1T ~TTV r1T~TRT TTIC?~ ~T 4 ?~T " The General Assembly of North Carolina enacts: Section 1. ,Article 3, Part 14D of Chapter 143B of the General Statutes is hereby rewritten to authorize New Hanover County, at its election, to establish a County Ombudsman having all those powers, duties,. and responsibilities, within the county-wide jurisdiction of New " .' Hanover County, as those exercised by a Regional Ombudsman. 'The County Ombudsman and • the Regional Ombudsman'shall have concurrent authority in performing those functions set forth iri Chapter 143B. Section 2..Article 3, Part 14D of Chapter 143B of the General Statutes is hereby .amended such that any and all references to "Regional Ombudsman" are rewritten to read "Regional Ombudsman and/or County Ombudsman." ~ " Section 3. This act: applies only to New Hanover County. • . Section 4. This act is effective upon ratification. , ~ ~. ~~ ~ •i .,A r ' ..~ _ ~ ~. - i, ! ., §130A-309.10 ART. 9. SOLID WASTE MANAGEMENT- §130A-309.10 ~ ty~ne_~nn ~n; PrghihitPrl.act~ relat~n~e,to packag-; --.._~ ers r oded labelang of plastic .contain=;' equired;; disposal" of°~certain solid • ~. wastes in landfills or....by- .incineration; ' ;"prohibited ' ~ - (a) No beverage shall be sold~or offered for salewithin the' State in a beverage container designed. and constructed so that the container is opened by detaching a metal ring or tab. - - ~ (b) No person shall distribute, sell, or offer for sale in this State, ' any-product packaged in a container or packing material manufac- t~red with fully halogenated chlorofluorocarbons (CFC). Producers . of containers or packing material manufactured with , chlorofluorocarbons (CFC) are urged to introduce alternative pack- ` ~ aging materials which are environmentally compatible. (c)(1) No plastic bag shall be provided at any retail outlet to any retail customer to use for the purpose of carrying items - "purchased by that customer unless the bag is composed of ' material which is recyclable. Notice of recyclability shall be printed on each bag purchased by the retailer. • (2) It is the.. goal of the State that at least twenty-five percent (25%) of the plastic bags provided at retail outlets m the State to retail .customers for carrying items purchased by ; the customer be recycled. ' (d),(1) No person shall distribute, sell, or offer for sale in this - State any, polystyrene foam -product which .is to be used. in ~ ' - conjunction with food for human consumption unless such " product is composed of material which is recyclable. (2) Repealed by Session Laws 1995, c. 321, s. 1, effective June . ~ 21; 1995. `. - (e) No person shall distribute, sell, or offer for sale in this State any plastic container product unless the product has a .molded label indicating the plastic resin used 'to produce the plastic container ' product. The code shall consist of a number placed within. three- triangulated. arrows and letters' placed. below the ,triangulated - ~ arrows. The three arrows shall form an equilateral triangle with the ~, common point of each line forming each angle of the triangle at.the ' midpoint of each arrow and rounded with a short radius. The ' arrowhead of each arrow shall be at the midpoint of each side of the triangle with a short gap separating the arrowhead from the base of the adjacent arrow. The triangle formed by the three arrows„curved - at-their midpoints shall depict a clockwise path. around the-'code number. The label- shall appear on the bottom of the plastic .con- ` ~ tainer product and be clearly visible. Plastic beverage containers . • ~ _ having a capacity of less than 16 fluid ounces, non'solid food liquid ~ • containers having a capacity of less than 16 fluid ounces,-sand ngd • plastic containers having a capacity of less than. eight fluid' ounces are exempt from the requirements of this subsection. The .numbers _ ~ and letters shall be as follows: (1) For polyethylene terephthalate, the letters "PETE" and the number L (2) For high density polyethylene, the letters "HDRE" and the number 2. (3) For vinyl, the letter "V" and the number 3. (4) .For, low density polyethylene, the letters "LDPE" and 'the ` number 4. .: 209 ~ ~ ... . ;_, ..f ~~ (• Te '~ r i ,t . ~ - ,L ' :.t i i ~. ~ : . ~ ~ f~. ~„ ,.~ §130A-309:10 cx. i3oA. PuBLICxEAL~rx ~ §130A=309.10 (5) For polypropylene, the letters "PP". and the number 5. (6) For polystyrene; the letters "PS" and the number- 6. - (7) For any other, including multi-material containers, the. .letters "OTHER" and,the number 7. (fl'.In' accordance with the following schedule, no person shall `knowingly dispose. of the following solid wastes in landfills:.. . (1) Repealed by Ses9ion Laws 1991, c. 375,: s.- 1, effective October 1, 1991. . (2) Used oil. ' ~~~~'~'(81 Yare] trash. ~hcPnt in landfills rlassified.fnr such use under. rules adopted by the Commission Yard trash that is source - separated from solid waste may be accepted at a solid waste disposal area where the area provides and maintains . separate. yard trash composting facilities. (4) White goods. (5) Antifreeze (ethylene glycol). _ (_ (6) Aluminum cans, after July 1,..1994, ~~ ~~~'~•` (fl) In accordance. with the following schedule, no` person shall knowingly dispose of the following solid wastes by incineration in an incinerator, for, which a permit is required under this Article: (1) Antifreeze (ethylene glycol) used solely in motor: vehicles, after July 1, 1994. (2 Aluminum ..cans; after July I, 1994. ~~. (3) Stee cans, u ess t e s ee is recovera e a t o end o t e ~'~ - incineration rocess after Jul 1 1994. - (4) e goo s, a er my I, 1994. Provided that this subsection shall not' apply to solid waste ..incinerated in an incinerator solely owned and .operated. by the generator of the solid. waste; and provided further that this subsec- tionshall not apply to antifreeze.(ethylene glycol) which cannot be recycled or reclaimed, to make it usable as antifreeze in a motor vehicle... . (g) Prior to the effective dates specified in this section, the Department shall identify and assist in developing alternative disposal, processing; or recycling options for the solid waste identi- fied in this section. (h) The accidental or .occasional disposal of small amounts of prohibited solid waste by landfill ~ or incineration shall not be construed as a violationof subsection (f) or (fl) of this section. (1989, c. 784; s. 2; 1991, c. 23, s. 1; .c. 375, s. 1; 1991 (Reg. Sess., 1992); c. 932, ss. 1, 2; 1993, c.,290, s. 1;.I995, c. 321, s. 1; c. 504, s. 9.) , . Editor's Note. -Session Laws 1995, . division (1), designation, and deleted sub- . c. 321, s. 2, provides that the Secretary of division (2) regarding the, distribution or the.Department of Environment, Health; sale of polystyrene foam products after e recyc mg o po ystyrene products. foam products. Session Laws 1995, c. 504, s: 9; effec- Effect of Amendments: -Session tive,July 28, 1995, substituted ."subsec- .Laws 1995, c. 321, s`. 1, effective June 21, 1995, in subsection (d) deleted the sub- tion" for °subsections" in subsection (h). • ' and Natural Resources report to the° October 1, 1997, and certification by the •, General Assembly no later than March 1, Secretary regarding the recycling of such 1997 on th I` f 1 • 210 , }~~;. „, ., ' ~~ ... ~ , . •. a ~ r f. North Carolina Disaster Recovery Trust Fund a r v !. i ~~ i .. .~ ~. ~ . NORTH CAROLINA: DISASTERTRECQVERY ~TRUS~T~ FUND _ .. ~" CONCEPT PAPER Proposal: '„ M Establishment of an Emergency Management, Preparedness and Assistance Trust Fund. Providing for an annual ,surcharge on homeowner's and commercial. insurance policies to fund an Emergency Management, Preparedness and Assistance Trust Fund. ~. . Prov~~ing fo,- rhP ~;ctribution of funds= from the Emergency Management, Preparedness and Assistance Trust Fund. Establishment of an Emergency Management Advisory Council to provide advice to the Director of the Division of Emergency Management for the development .and expansion of the Emergency Management Program in North Carolina. Background: The Civil Defense Act of 1950 and the subsequent amendments established a funding mechanism wherein local Civil Defense agencies were provided federal :funding, passed through state Civil Defense agencies, to, cover up to 50 percent _ of their total county Civil Defense agency's operating .costs. At the inception of this funding program, federal funds were available to cover .the full 50 percent of these costs. However,.. over the forty plus .years since,. the number of participating jurisdictions has increased and operating costs have risen. Operating costs, along with the compensation for necessary staff increases, have risen steadily over the years. As a result, both local and state .Civil Defense (now Emergency Management) agencies are seriously under-funded.. This. lack of funding has the potential to seriously impair the ability of state and local ,Emergency .Management programs to adequately protect the public in disaster and emergency situations. ~~ L r .. Situation• ~ , - A ..constant flow of fund-ing to. both the state and local Emergency Management agencies would enable these entities to provide a base for new operations or to improve upon: preparedness, response,- recovery and.~mitigation programs that, at . .:~f°:' <~.,~ <,f~ ~.- .,,-~ h~l~~,~ ~ta„rlar~ .T}1P fltp~ip~ wnt.1~C~ he USeC~ 1J1 GJl`;11L, Al ~ ii-ic~i ~i~ uu...~i..~~:.. ., .__.., ~ •, ., -. -: to: enhance in-place capabilities and to link, via .technology; the state, counties and other. agencies that -.can provide information .for disaster response and -:recovery activities associated with .disaster/emergencies in the state and local communities. Solution,. The shortage of.,adeguate funding can be alleviated.by: Establishment of ~an Emergency Management, .Preparedness. and ~. ~ _ , .Assistance Trust Fund -which -would be funded by a surcharge on ` ~ each homeowner's, .tenanthomeowner's, mobile homeowner's and -z condominium unit policy and on each commercial .fire;- multi-peril - and business owner's property insurance .policy: Recommendation . ~ has been made by the North Carolina Emergency Management . _ Advisory Council to establish a surcharge of $3:00 on . ;. =-~ residential insurance. policies and $6.00 on commercial or business - policies. Preliminary estimates: in North Carolina indicated that there ' - ~ ,are approximately 1,802;000 residential policies and approximately ' 952,000 businesspolicies in effect. ,If this surcharge is implemented in North Caroli-na;, approximately $1.1;1"1-8,000 in. revenue would be generated: ;Funds from the Trust ~Fund_ should. be allocated to`state and locale - Emergency Managementagencies to implement .and administer ' ~ Emergency Management programs'. The. trust fund would provide the state an avenue for funding recovery measures as well ~as the . ~ , provision of assistance to local Emergency Management programs .._ ,... . for isolated disaster response and recovery operations when no disaster ''declaration is made at the federal level. This Trust Fund :could ,further provide a .program for grants to state agencies, local ~3 ~ ~ 4 ~ - e • ~ 1. ~ ~ r ~ ~ r i ~. j r ~, . '. .S - ' i . r9 governments,' and to the non-profit organizations ' to implement projects xhat. will further. enhance state `and ~ focal Emergency Management objectives.. ~ ". ~. r;-_...~~_; ,_ r,.._.. !:5 'fni- Tract'FiTnrl' - - The below funding formula .will provide . a representation for allocation of . revenues: ~.` : * ~ Sixty percent of $1.1,1,18,000 or. $6,670,800, would be used .to - ~implement state and `local Emergency Management programs to include training, uniform disaster planning functions,; etc. Of the . $6,670,800, $5,559,000 would be allocated to the :count"ies, .and. ~ .. $1,111,800 would be allocated to the N.C`. Division. of Emergency - -Management. ~ - ` * Twenty percent of $11,118,000; or $2,223,:600, would be used to ~. provide grants to state, local and nonprofit organizations to initiate, . ~ improve, or implement projects that promote disaster/Emergency ~- 1Vlanagement activities. ~. : Twenty •percent of the. $11,118,000, or $2,223,600.,- would be used to provide relief assistance for disasters/emergencies -that DO NOT. `~" ~ meet the. guidelines for a federal declaration such as: - a. Tornadoes b. Snow/ice storms e. Search and :rescue operations `. ~ d. Floods . . e. .Fires: (woodlands and other) f. Hurricanes `g. Earthquakes The above are =very representative of situations -that frequently `occur in .our state that require manpower;.: resources; and funding to resolve. . The ~ Division, in consultation ;with the .Emergency- Management Advisory Revised. l/PSJ96 - ~f o t ~ ,~ ~ .. _ : * ,. ~ ~. r, i -~ ~ ._ , 1 ~ ~ i . i ' p .. ,i ~ f j ~ - , i t z ' > ~ Council; will establish written criteria .and procedures to ensure competitive . „ .allocation `of these funds. No more than 5 percent of any. award pursuant to. this paragraph can be.used to cover; administrative. expenses. . This funding program and the associated distribution mechanism, will provide the +U+„ ~„_~ ~,.~~~ ~',~,~~,-n~.n~.~ Ma_nas~ement.a~encies anal ether nonprofit agencies a crucial and necessary ~avenue .for development of expanded, more. effective and .efficient programs capable of dealing with the small .disaster/emergency in the community and in the state. The .funding will greatly enhance the ability for. the state and local programs to interact and cooperate for the catastrophc.events that ; will strike our state. Funds appropriated': from the .Emergency Management,. Preparedness 'and Assistance Trust Fund may not b~e used to supplant ;existing - funding.- - ~ . .~ The. Emergency Management Advisory Council, made up of local directors and. _~~ appointed by the State. director, is a vital asset to ensure input and advisement tat _ he state `director on .Emergency Management program activities throughout the - state. This council is one exarrmple of the vehicles that will be in place to administer a program of this type. Revised 1/18/96 1 A -0" a b- A