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Agenda 2008 07-07
AGENDA g~•~r x~t .. ~ A~ ~. ' k a~ ~' ~ r ;~ ~ ~~ ~~ . ®,~ re. ~4n~ JULY 7, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC ROBERT G. GREER, CHAIRMAN • WILLIAM A. CASTER, VICE-CHAIRMAN TED DAMS, JR., COMMISSIONER • WILLIAM A. KOPP, COMMISSIONER • NANCY H. PRITCHETT, COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD 6:00 P.M. MEETING CALLED TO ORDER (Chairman Robert G. Greer) INVOCATION (Reverend Jeffrey L. Roberts, Trinity United Methodist Church) PLEDGE OF ALLEGIANCE (Commissioner Ted Davis, Jr.) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of State Road Resolution 3. Resolution Providing Approval For The Spin-Off of Time Warner Cable, Inc. for New Hanover County Cable TV Franchise 4. Approval of Alternative Recommendation for Juvenile Crime Prevention Council (JCPC) Funding 5. Approval of New Hanover County Board of Education Budget Amendment #9 6. Adoption of Ordinance for Budget Amendment ESTIMATED TIMES REGULAR AGENDA ITEMS OF BUSINESS 6:10 p.m. 7. Presentation by New Hanover County Community Action 6:20 p.m. 8. Public Hearing and Approval to Submit a Joint Application with the City of Wilmington for Edward Byrne Memorial 2008 Justice Assistance Grant (JAG) Program Funding from the U.S. Department of Justice 6:25 p.m. 9. Public Hearing Special Use Permit (5-582, 06/08) - Request by Shanklin and Nichols for Carolina Marina and Yacht Club to Locate a Commercial Marina with Dry Stack Storage for 200 Boats at 1512 Burnett Road on 3.1 Acres in the R-15 Residential Zoning District and the Conservation Land Classification 7:25 p.m. 10. Public Hearing Rezoning Request (Z-884, 06108) - Request by LS3P Associates for New Hanover County Schools to Rezone Approximately 1.07 Acres at 4404 (partial) and 4348 Holly Shelter Road from I-2 to R-15 in the Community Land Classification (The change would consolidate the zoning pattern by cleaning up remnant parcels left by a prior rezoning.) 7:45 p.m. 11. Public Hearing Special Use Permit (5-581-06/08) - Request by Elliott Place HOA for a 10-Slip Community Boating Facility Located off River Road at 6510 River Vista Drive on Common Area in the R-15 Residential Zoning District and the Conservation Land Classification 8:25 p.m. 12. Public Hearing Rezoning Request (Z-886, 06/08) - Request by Withers & Ravenel for Crowatan Partners, LLC to Rezone 84.89 Acres (landlocked) off Crowatan Road Between Castle Hayn~oa~~~~C~Jn~s~~~1e~~~'et~ ad North of I-140 from R-20 to I-1 in the Aquifer Resource Pr®~~~~Land C assification (The change would transition the land's development potential from low density residential uses of 1.9 units per acre to a variety of light industrial or heavy commercial uses.) 9:05 p.m. 13. Consideration of a Resolution of Intent to Close a Portion of Point Harbor Road (SC-86, 06/08) 9:10 p.m. 14. NOTE: THIS ITEM HAS BEEN TABLED AND WILL NOT BE HEARD JULY 7, 2008 Consideration of Southeastern Center Request: Return of Funds WATER AND SEWER DISTRICT AGENDA ITEMS OF BUSINESS 9:30 p.m. 15. Approval of Minutes NON-AGENDA ITEMS (limit three minutes ADDITIONAL AGENDA ITEMS OF BUSINESS 9:40 p.m. 16. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 9:50 p.m. 17. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners Meeting 07/07/2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 7, 2008 CONSENT ITEM: DEPARTMENT: Governing Body PRESENTER(S): Chairman Greer CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review meeting held on June 12, 2008 Regular Session meeting held on June 16, 2008 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. Above action will result in: New Position(s) Position(s) Modification Or Change No Change in Position(s) COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 07/07/2008 1-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 7, 2008 CONSENT ITEM: 2 DEPARTMENT: Governing Body PRESENTER(S): Sheila L. Schult, Clerk to the Board CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Adoption of State Road Resolution BRIEF SUMMARY: NCDOT is considering the addition of these roads and requesting the Board to adopt a resolution in support of adding the roads: Foxwood Lane, Chalice Lane, Lone Eagle Court, North Warren Dale Court, South Warren Dale Court and Skeet Road in the Carmel at Vineyard Green Subdivision in New Hanover County (Division File No. 1126- N) to the state system. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR-2 resolution. Above action will result in: New Position(s) Position(s) Modification Or Change No Change in Position(s) ATTACHMENTS: NCDOT Request Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 07/07/2008 2-0 ~~~ ~ ~~~ ~. ~, "~e~. ~ Q~,~v~ STATE of NORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F EASLEY DIVISION OF HIGHWAYS LYNDO TIl'PETT GOVERNOR SECRETARY May Z7, ZOOS Ms Sheila Schult, Clerk to the Board ~„J - ~ ~ I New Hanover County Board of Commissioners U 320 Chestnut Street, Room 305 SUN 1 12008 Wilrrungton, NC 28401 NEw Har~nvER CO BD OF G(1~+iMIS~IONERS Subject. Proposed Addition to the State System of Highways Dear Ms. Schult: This office ~s cons~der~ng the addition of Foxwood Lane, Chalice Lane, Lone Eagle Court, North warren Dale Court, South VL~arren Dale Court and Skeet Road ~n the Carmel at Vineyard CYreen Subd~vis~on Div File No 1 ~ Z6~ N~ to the state system. After the Board's consideration, ~ they concur with our recommendation, please furnish this oi~ice with the current county resolution and off~clal road name far our further handling. If I may be of further assistance, please advise Sincerely, Anthony w Distract Engineer AwL •~ dd 300 Division Dnve,'V~ilmmgton, N.~ 28401 Tel. X910} 251-2655 Fax: X910} 2512759 Board of Commissioners Meeting 07/07/2008 2-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 7, 2008 CONSENT ITEM: 3 DEPARTMENT: County Attorney PRESENTER(S): Kemp Burpeau, Deputy County Attorney CONTACT(S): Kemp Burpeau, Deputy County Attorney SUBJECT: Resolution Providing Approval For The Spin-Off of Time Warner Cable, Inc. for New Hanover County Cable TV Franchise BRIEF SUMMARY: Time Warner Cable is the managing company of the Franchisee, Time Warner Inc., providing cable television service in New Hanover County. Time Warner Cable is a publicly traded corporation, with approximately 84% of its common stock currently held by Time Warner Inc. (TWX). On May 21, 2008, TWX and Time Warner Cable announced a plan to effect a complete separation of Time Warner Cable from TWX. The end result of the Spin-Off will be the divestiture by TWX of its entire ownership in Time Warner Cable. Upon completion of the Spin-Off, which should occur by the end of this year, 100% of the common stock of Time Warner Cable will be publicly traded. The Spin-Off will not affect the franchise managment by Time Warner Cable. The Spin-Off will not result in the assignment or transfer of any of the Franchisee's assets, including the franchise. Ultimate control of Time Warner Cable will rest with the same public shareholders both immediately before and after the completion of the Spin-Off. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. Above action will result in: New Position(s) Position(s) Modification Or Change No Change in Position(s) ATTACHMENTS: Time Warner Resolution FCC 394 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 07/07/2008 3-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION WHEREAS, New Hanover County, North Carolina ("Franchising Authority")has granted a cable television franchise (the "Franchise") to an entity (the "Franchisee) which is a subsidiary or affiliate of Time Warner Cable, Inc. ("Time Warner Cable"); and WHEREAS, Time Warner Cable is apublicly-traded corporation, with approximately 84% of its common stock currently held indirectly by Time Warner Inc.; and WHEREAS, Time Warner Cable and Time Warner Inc. have entered into an agreement to effect a complete separation of Time Warner Cable from Time Warner Inc. (the "Spin-Off '); and WHEREAS, upon closing of the Spin-Off, one hundred percent (100%) of the stock of Time Warner Cable will be publicly traded; and WHEREAS, Time Warner Cable and Time Warner Inc. have filed FCC Form 394 providing details regarding the Spin-Off; and WHEREAS, the Franchising Authority wishes to grant its approval of the Spin-Off as described above. NOW, THEREFORE, BE IT RESOLVED BY NEW HANOVER COUNTY AUTHORITY: Section 1. New Hanover County hereby approves the Spin-Off. Section 2. Upon the closing of the Spin-Off, the Franchisee shall remain bound by the terms and conditions of the Franchise Agreement. Section 3. This Resolution shall become effective immediately upon adoption. ADOPTED this the 7th day of July, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 07/07/2008 3-1-1 federal Communications Commission Washington, DC 20554 FcC ~9~ APPLICATION FOR FRANCHISE AUTHORITY CONSENT TO ASSIGNMENT OR TRANSFER OF CONTROL OF CABLE TELEVISION FRANCHISE SECTION !. GENERAL INFfJRMATI~JN Approved By OMB 3asa-0573 FOR FRANCHISE AUTHORITY USE ONLY DATE ,lone 12, 200$ 1. Gommunity Unit Identification Number: NC0140 2. Application #or: ~ Assignment of Franchise ® Transfer of Control 3. Franchising Au#hority: New Hanover County 4. Identify community where the system/franchise that is the subject of the assignment or transfer of control is located: Same as above 5. Date system was acquired or {for system's constructed by the transferor(assignor},the date on which service was provided to the first subscriber in the franchise area; No longer applicable 8. Proposed effective date of closing of the transaction assigning or transferring ownership of 4tb Quarter 2008 or as the system to transfereelassignee: soon as racticable 7. Attach as an Exhibit a schedule of any and alt additional information or material filed with this Exhibit No. application that is identified in the franchise as required to be provided to the franchising NSA authority when requesting its approval of the #ype of transac#ion that is the subject of this application. PART ! - TRANSFERQRIASSIGNGR 1. Indicate the name, mailin address, and telephone number of the transferor(assignar. legal name of TransferorlAssignor {if individual, list last name first} Time Warner Inc. Assumed name used for doing business {if any} Mailing street address or P.O. Box 1 Time Warner Center City State ZIP Code Telephone No. {include area code} New Yark NY 10019 (212 364-$200 2.(a} Attach as an Exhibi# a copy of the contract ar agreement that provides for the assignment or Exhibit No transfer of control [including any exhibi#s or schedules thereto necessary in order to understand . ~ the terms thereof}. #f there is only an oral agreement, reduce the terms to writing and attach.. {Confidential trade, business, pricing or marketing information, or other information not otherwise publicly available, may be redacted}. {b} Does the contract submitted in response to [a}above embody the Bali and complete agreement b t ~ Yes ^ N e ween the transferor(assignorond the transfereelassignee? o If No, explain in an Exhibit. Exhibit No. N/A FCC 394 {Page 1 } September 1998 Board of Commissioners Meeting 07/07/2008 3-2-1 PART {{ - TRANSFEREEIASS{GNEE ~.fa1 indicate the name, mailing address, and telephone number of the transfereelassianee Legal name of Transferee/Assignee {if individual, list last name first} Time Warner Cable Inc. Assumed name used for doing business cif any} Time Warner Cable Mailing street address ar P.Q. Sox 290 Harbor Drive City State Z1P Code Telephone No. (include area code} Stamford CT 06904 (203 328-0600 fib) Indicate the name, mailing address, and telephone number of person to contact, if other than transfereelassianee Name of contact person {list last name first} Matz, Gary Firm or company name cif any} Time Warner Cable Mailing street address or P.O. Box 290 Harbor Drive City State ZIP Code Telephone No. (include area code) Stamford CT 06904 X203 32$-4$65 (c} Attach as an Exhibit the name, mailing address, and telephone number of each additional person who Exhibit No. should be contacted, if any. NIA td) Indicate the address where the system's records will be maintained. Street address Transferee is not ro oong to Chan e the location of the system's records. City State ZIP Code 2. Indicate on an attached exhibit any plans to change the current terms and conditions of serrrice and Exhibit No. operations of the system as a consequence of the transaction for which approval is sought. 2 FCC 394 (Page 2} September 1996 Board of Commissioners Meeting 07/07/2008 3-2-2 SECTIQN Ll. TRANSFEREE'SlASSIGNEE'S LEGAL QUALIFICATiC~NS 1. TransfereelAssignee is: ® Corpora#ion a. Jurisdiction of incorporation: Delaware b. Date of incorporaton: 03/26/03 c. For profit ornot-for-profit: For Profit d. Name and address of registered agent in jurisdiction: ^ Limited Partnership ^ General Partnership The Corporation Trust Company 1209 Qrange Street, I~ew Castle County Wilmington, Delaware 19801 a. Jurisdiction in which formed: c. Name and address of registered agent in jurisdiction: b. Date of formation: a. Jurisdiction whose laws govern formation: , d. Dale of formation: ^ Individual ^ Other. Describe in an Exhibit. Limited liability company. See formation information above. Exhibi# No. N/A 2. List the transferee/assignee, and, if the transfereelassignee is not a natural person, each of its officers, directors, stockholders beneficially holding more than 5% of the outstanding voting shares, general partners, and limited partners holding an equity interest of more than 5%. Use only one column for each individual or entity. At#ach additional pages if necessary. {Read carefully -the lettered items below refer to corresponding lines in the fallowing table.} {a) Name, residence, occupation or principal business, and principal place of business. {tf other #han an individual, also show name, address and citizenship of natural person authorized to vote the voting securities of the applicant that it holds.) List the applicant first, officers, next, then directors and, thereafter, remaining stockholders and/or partners. {b) Citizenship. {c} Relationship to the transfereelassignee {e.g., officer, director, etc.} {d) Number of shares or nature of partnership interest. {e} Number of votes. {f) Percentage of votes. {a) Time Warner Cable lnc. 290 Harbor Dave Stamford, CT 06904-2210 {b) Delaware Corporation {c} Transferee (d) N/A {~} N/A {f) NlA FCC 394 {Page 3} September 199fi Board of Commissioners Meeting 07/07/2008 3-2-3 Supplemental information -FCC Form 394 - Section II, Item 2 Address far all directors and officers: 290 Harbor Drive Stamford, CT 06904-2210 No directors or officers hold an equity interest of more than 5% in Time Warner Cable Inc. All are United States citizens (except as noted}. Directors and Officers of Time Warner Cable Inc. Directors Jeffrey L. Bewkes'~ Director Carole Black Director Glenn A. Britt Director Thomas H. Castro Director David C. Chang Director James E. Copeland, Jr. Director Peter R. Haje Director Don Logan Chairman N.J. Nicholas, Jr. Director Wayne H. Pace Director Officers Glenn A. Britt President & Chief Executive Officer Landel C. Hobbs Chief Operating Officer Robert D. Marcus Senior Executive Vice President & Chief Financial Officer Marc Lawrence-Apfelbaum Executive Vice President, General Counsel & Secretary Gerald D. Campbell Executive Vice President, Technical Operations Ellen East Executive Vice President & Chief Communications Officer Joan Gillman Executive Vice President & President, Time Warner Cable Media Sales William R. Goetz, Jr. Executive Vice President, Northeast Region Michael T. Hayashi** Executive Vice President, Advanced Engineering Carol Hevey Executive Vice President, Carolina Region Sam Howe Executive Vice President & Chief Marketing Officer Michael L. LaJoie Executive Vice President & ChiefTechnology Officer Kevin J. Leddy Executive Vice President, Technology Policy & Product Management lames Ludington Executive Vice President, National Network Operations Tomas Mathews Executive Vice President. Human Resources Arthur Minson Executive Vice President & Deputy Chief Financial Officer Terrence D. O'Connell Executive Vice President, Midwest Region Stephen Pagano Executive Vice President, West Region Barry S. Rosenblum Executive Vice President, Texas Region Carl U. J. Rossetti Executive Vice President, Corporate Development Peter C. Stern Executive Vice President & Chief Strategy Officer Howard Szarfarc Executive Vice President, New York City Region Melinda Witmer Executive Vice President & Chief Programming Officer '~ Mr. Bewkes is expected to resign as a director of Time Warner Cable Inc, upon completion of the Spin-Off. Any future directors ofTime Warner Cable Inc. are expected to benon-attributable to Time Warner Inc. ~`* Citizen of Japan Board of Commissioners Meeting 07/07/2008 3-2-4 3. If the applicant is a corporation or a limited partnership, is the transfereelassignee formed under the ®Yes ^ No laws of, or duly qualified to transact business in, the State ar other jurisdiction in which the system operates? if the answer is No, explain in an Exhibit. Exhibit No. 3 4. Nas the transfereelassigneehcrd any interest in or in connection wi#h an applicant which has been ®Yes ^ No dismissed or denied by any franchise authority? If the answer is Yes, describe circumstances in an Exhibit. Exhibit No. 4 5. Has an adverse finding been made or an adverse final action been taken by any court or ®Yes ^ No administrative body with respect to the transfereelassignee in a civil, criminal or administrative proceeding, brought under the provisions of any law or regulation related to the following: any felony; revocation, suspension or involuntary transfer of any authoriza#ion including cable franchises} to provide video programming services; mass media related antitrust or unfair competition; fraudulent sta#ements to another government unit; or employment discrimination? If the answer is Yes, attach as an Exhibit a full description of the persons and matters}involved, Exhibit No. including an identification of any court ar administrative body and any proceeding (by dates and file ~ numbers, if applicable}, and the disposition of such proceeding. ~. Are there any documents, instruments, contracts or understandings relating to ownership or future ^Yes ®No ownership rights with respect to any attributable interest as described in Question 2 i*including, but not limited to, non-voting stock interests, beneficial stock ownership interests, options, warrants, debentures)? I#Yes, provide particulars in an Exhibit. 7. Do documents, instruments, agreements or understandings for the pledge of stock of the ®Yes ^ No transfereelassignee, as securi#y for loans or contractual performance, provide #hat: ~a} vo#ing rights will remain with the applicant, even in the event of default on the obligation; (b} in the event of defaul#, there will be either a private or public sale of the stock; and ~c} prior to the exercise of any ownership rights by a purchaser at a sale described in ~b}, any prior consent of the FCC and/or of the franchising au#hority, if required pursuant to federal, state or local law or pursuant to the terms of the franchise agreement will be obtained? 1f Na, attach as an Exhibit a full explana#ion. Exhibit No. 6 SECTIaN Ili. TRANSFEREE'SIASSiGNEE'S FINANCIAL QUALIFICATIC}NS 1. The transfereelassignee certifies that it has sufficient net liquid assets on hand ar available from ®Yes ^ No committed resources to consummate the transaction and operate the facilities for three months. 2. Attached as an Exhibit the mast recent financial statements, prepared, in accordance with generally Exhibit No. accepted accounting principals, including a balance sheet and income statement #or at least one foil ~ year, for the transfereelassignee or parent entity that has been prepared in the ordinary course of business, if any such financial statements are rou#inely prepared. Such statements, if no# otherwise publicly available, may be marked CONFIDENTIAL and will be maintained as confidential by the franchise authority and its agents to the ex#en# permissible under local law. SECTi~N IV. TRANSFEREE'SIASSIGNEE'STECHNICAL QUALIFICATIQNS Set forth in an Exhibit a narra#ive account of the transferee'slassignee's technical qualifications, experience Exhibit No. and expertise regarding cable television systems, including, but not limited ta, summary information about g appropriate management personnel that will be involved in the system's management and operations. The transfereelassignee may, but need not, Gst a representative sample of cable systems currently ar formerly owned or operated. FCC 394 Page 4} September 1996 Board of Commissioners Meeting 07/07/2008 3-2-5 SECTION V -CERTIFICATIONS Part 1- TransferarlAssignor All the statements made in the application and attached exhibits are considered material representations, and all the Exhibits are a material part hereof and are incorporated herein as if set out in full in the application. Signature I CERTIFY chat the statements in this application are true, ~ ~` . ... ;•; ~ complete and correct to the best of my knowledge and belief and , ,, ~l ~.;t: a {" f>~ ~ .. , {; '~~r~;'~. '~ ~.. ~~'~°~~.~ are made in good faith. ,, ~. ': : I ~' Date WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE June 12, 2005 PUNISHABLE BY FINE ANDIOR IMPRISONMENT U S CODE . . . , TITLE 18, SECTION 1001. Print#ull name Edward J. Weiss Check appropriate classification: Individual General Partner Corporate Officer Other. Explain: (Indicate Title} Senior Vice President and De uty General Counsel Part II - TransfereefAssignee All the statements made in the application and attached Exhibi#s are considered material representations, and ail the Exhibi#s are a material part hereof and are incorporated herein as 'rf set out in full in the application. The transfereelassignee certifies that he/she: {a) Nas a current copy of the FCC's Rules governing cable television systems. {b} Nas a current copy of the franchise that is the subject of this application, and of any applicable state laws or local ordinances and related regulations. {c} Will use its best efforts to comply with the terms of the franchise and applicable state laws or local ordinances and related regulations, and to effect changes, as promptly as practicable, in the operation system, if any changes are necessary to cure any violations thereof or defaults thereunder presently in effect or ongoing. Signature CERTIFY that the statements in this application are true, ~-~~,. ;.., ;. -- . , ~ complete and correct to the best of my knowledge and belief and ,: i . `'~ ? .~ ~ ,'~ . are made in good faith. '~:~~ ..' :..,~~ .~~-...;.:... , ... .. ,';. Date 1NiLLFUL FAt_SE STATEMENTS MADE ON THIS FORM ARE lone 12, 200$ PUNISHABLE BY FINE AND/OR IMPRISONMENT U S CODE . . . , TITLE 18, SECTION 1 OQ1. Print full name Marc Lawrence Apfelbaum Check appropriate classification: Individual Genera! Partner Corporate Officer Other. Explain: (Indicate Title) Executive Vice President, General Counsel and Secretary FCC 394 Page 5) September 1998 Board of Commissioners Meeting 07/07/2008 3-2-6 FCC Form 394 Exhibits June 2008 EXHIBIT 1 On May 21, 2008, Time Warner Inc. {"TWX"}, which currently indirectly holds approximately 84% of the common stock of Time Warner Cable Inc. ("Time Warner Cable"} (representing a 90.6~'/o voting interest}, and Time Warner Cable announced that their respective boards of directors unanimously approved a plan to effect a complete structural separation of Time Warner Cable from TWX (the "Spin-Off'}. TWX also indirectly owns 12.43°fo of the non- votingcommon stock of an indirect subsidiary of Time Warner Cable, TW NY Cable Holding Inc. {"TWNY"}. The Spin-Off will be effected through a series of steps, as summarized below, to occur contemporaneously and sequentially: • TWX will exchange its indirect 12.43% non-voting common stock interest in T'WNY for 80 million newly-issued shares of Time Warner Cable Class A common stack. • TWX will become the direct owner of all shares of Time Warner Cable Class A common stack and Time Warner Cable Class B common stock that were previously held indirectly bywholly-owned subsidiaries of TWX. • Time Warner Cabie's board of directors {or a committee thereof) will declare a special cash dividend to holders of outstanding Time Warner Cable Class A common stock and Time Warner Cable Class B common stock, in an amount equal to $10,27 per share {the "Special Dividend"},payable immediately prior to completion of the Spin-Off. Time Warner Cable will incur debt to finance the Special Dividend in an aggregate amount of approximately $9 billion.. • Each outstanding share of Time Warner Cable Class A common stock (which have one vote per share} and Time Warner Cable Class B common stock (which have ten votes per share} will be reclassified into one share of Time Warner Cable common stock, each with one vote per share. • TWX will distribute its entire ownership in Time Warner Cable either through: (i) an exchange offer in which TWX's stockholders may exchange some or all of their shares of TWX common stock for shares of Tirne Warner Cable common stock held by TWX at a ratio to be determined; (ii} a pro rata dividend by TWX to its stockholders as of the Distribution Record Date of the shares of Time Warner Cable common stock held by TWX; or {iii} some combination of clause (i} and (ii}. The Spin-Off will not affect the ownership interests held by Time Warner Cable in any of its direct or indirect subsidiaries or affiliates, and Time Warner Cable will retain management authority aver the entity holding the cable franchise in your community (the "Franchisee"}, The Spin-Off will not change the structure or direct ownership of the Franchisee and will not result in the assignment or transfer of any of the Franchisee's assets, including the local cable franchise in your community. Board of Commissioners Meeting 07/07/2008 3-2-7 FCC Form 394 Exhibits June 2008 Before and after charts illustrating the Spin-~-ff are attached for your convenience. An unredacted copy of the Agreement necessary in order to understand the terms of the, Spin-off is contained on a CD submitted with this Form 394. -~- Board of Commissioners Meeting 07/07/2008 3-2-8 Time Warner Cable Pre-Closing Ownership Structure of Franchise-Owning Entities (franchise-owning entities are shaded in gray; solid line indicates direct ownership, dashed line indicates indirect ownership through wholly-owned subsidiaries not listed on this chart) l0a% °' .} ,fib. F, ... .xC 51.55°!° GP 42.51% GP 3,75°/° LP 2.19% LP ~~~ ~ ~.. s ~~ Eye. ~ {.' ~ ~^x k 1 oo°r° 1 ' ~ 1 47.12% 2.88% I I ~. ~'~ ~M~ 3$x-5 jj~.kSe ; _ T v~~-Shs 22 lao°i° laa°i° ra 'N n { '+~ ' ~T ~ . ~ ~ S ~ .: fr .~ s tai , ~ ~ ' Zi , ti 1 Beneficial ownership Board of Commissioners Meeting 07/07/2008 3-2-9 Time Warner Cable Post-Closing Ownership Structure of Franchise-Owning Entities {franchise-owning entities are shaded in gray; solid line indicates direct ownership, dashed line indicates indirect ownership through wholly-owned subsidiaries not listed on this chart) Public stockholders loo°r° Time Warner Cable Inc. 100°!° loo°i° TW NY Cable Kalding Inc. loo°r° ;'fir, ~.~ ~' ~ ~' 51,55°fa GP 3.75% LP ' TIIri~,W&rneE~ ~ ~~ri~i 2,88%' 97.12%~ 100' 42.51 % GP 2.19% LP --- ,~ ~tT~~s~~a ~~~ ;~ ~ ~ ~; 4 ~. j . AnC ~~~~` ~'~ ~ ~Y~ ~ ~ ~~~ a r,t ~ »,~`..~ ,ri~~,. 'Beneficial ownership Board of Commissioners Meeting 07/07/2008 3-2-10 FCC Form 394 Exhibits June 208 EXHIBIT 2 The Spin-Off will not result in changes to the current terms and conditions of service and operations of the system, nor will it result in changes to local system personnel, who will continue to report to Time warner Cable management as they do today. The Franchisee wi11 comply with the terms and conditions of the franchise and applicable law. Board of Commissioners Meeting 07/07/2008 3-2-ll FCC Form 394 Exhibits sUne zaos EXHIBIT 3 The Spin-C~ff will not result in any change to the Franchisee, which will remain a subsidiary of Time Warner Cable. The Franchisee will remain duly qualified to transact business in the State or other jurisdiction in which the system operates. Board of Commissioners Meeting 07/07/2008 3-2-12 FCC Form 394 Exhibits June 2~0$ EXHIBIT 4 To the best of our knowledge, there have been no instances where an application for consent to an assignment ar transfer of a franchise involving the Transferee or any affiliate has been denied by final decision hand not superseded by subsequent action by the community} with the exception of the following: In connection with ACC Form 394 filings relating to the Time WarnerlAdelphialComcast transaction, the fallowing communities ultimately elected to exercise a right of first refusal under their franchise to purchase the cable system in their community: a, Cornelius, North Carolina b. Davidson, North Carolina c. Mecklenburg County, North Carolina d. Mooresville, North Carolina Board of Commissioners Meeting 07/07/2008 3-2-13 FCC Farm 394 Exhibits June 2408 EXHIBIT 5 Except as set forth below, there have been no adverse findings made, or adverse final actions taken, against Time Warner Cable or its controlled subsidiaries or affiliates by any court or administrative body in a civil, criminal or administrative proceeding with respect to the matters listed in Section II, Question 5. 4n September 26, 2007, a former employee of Tirne Varner Cable was granted summary judgment by the U.S, District Court for the western District of Ohio on a claim of interference under the Family and Medical Leave Act ~"FMLA"~ based on a claim that he suffered from eczema which did not allow him to work overtime. Time Warner Cable has appealed the jury's subsequent award of damages of $56,b 17.50 in back pay plus attorneys' fees}, and oral argument before the U,S. Court of Appeals for the Sixth Circuit is scheduled for June 200$. In Apri1,1997, Time Warner Entertainment Company, L.P. {the "Company"}, a partnership controlled by Time Warner Cable, was found by a jury to have violated the Americans with Disabilities Act {"ADA"} and the FMLA by failing to provide the plaintiff with both FMLA leave. and reasonable accommodation under the ADA, The jury awarded the plaintiff $32,000 in back pay and $$,000 in compensatory damages, and the court ordered attorneys' fees and costs. The Company appealed and the 7th Circuit Court of Appeals upheld the decision on July 29,1998. Board of Commissioners Meeting 07/07/2008 3-2-14 FCC Form 394 Exhibits June 2008 EXHIBIT 6 There. are no documents, instruments, agreements or understandings for the pledge of stock of the Transferee as security for loans or contractual performance. Board of Commissioners Meeting 07/07/2008 3-2-15 FCC Form 394 Exhibits June 2048 EXHIBIT 7 The Spin-Dff will not change Time Warner Cable's status as apublicly-traded company, and it wi11 remain subject to all applicable SEC reporting requirements. Financial information for Time Warner Cable is included on the CD submitted with this Farm 3~4. The consolidated historical balance sheets, results of operations and sources and uses of funds statements, as well as full disclosure as required by bath generally accepted accounting principles ~"GAAP"} and applicable securities Laws for Time Warner Cable is included in SEC Form 10-I~ submitted by Time Warner Cable for the year ended December 31, 2447. Copies of Form 14-K far the year ended December 3I, 2047 and Form 14-Q for the f rst quarter of 2408 for Time Warner Cable can be found on the enclosed CD. Board of Commissioners Meeting 07/07/2008 3-2-16 FCC Form 394 Exhibits 3une 2008 E~IIIBIT 8 Time Warner Cable is one of the largest and most experienced operators of cable television systems in the United States. As of December 3 i, 2007, Time Warner Cable served approximately 13.3 million basic video subscribers in 33 states. Time Warner Cable has invested billions of dollars in recent years to rebuild and upgrade its cable systems and related equipment. As a result, virtually all of Time Warner Cable's systems are two-way and provide video and advanced broadband services. Time Warner Cable has significant experience operating large, technologically advanced cable systems. Most of Time Warner Cable's systems have been upgraded to at least 750 MHz. Time Warner Cable provides enhanced video services over almost all of its systems. These services include digital cable, video-on-demand ~"VOD"}, high-definition television ~"HDTV") and digital video recorders. Time Warner Cable also offers advanced broadband services. In most of its systems, high-speed data (Internet) services are offered. Time Warner Cable has been a leader in the deployment of digital phone service, which was available as of December 31', 2007 to over 24 million of the homes passed by Time Warner Cable's systems. Through a broadband infrastructure of coaxial and fiber-optic cables, Time Warner Cable typically makes available more than 250 channels of programming, including local broadcast television signals, locally produced or originated video programming, advertiser- supportedcable programming networks (such as ESPN and GNN), premium programming services (such as HB4, Cinemax, and Showtime), HDTV service and VDD programming offering digital customers the opportunity to choose from hundreds of video titles, Time Warner Cable has established an enviable track record in developing technology to expand entertainment information and communications options available on its cable systems. The significant achievements of the highly regarded staff of Time Warner Cable in areas of technical quality and innovation have been widely recognized and have been the basis for numerous awards. Time Warner Gable is not only committed to giving its customers an array of entertainment and information choices, but also high quality customer service. Time Warner Cable representatives helped to develop the National Cable and Telecommunications Association customer service standards, and we strive to meet and exceed those standards. Though all of Time Warner Cable's systems draw on the strength and expertise of its corporate staff, we recognize that providing a quality product and excellent customer service must be accomplished locally. The system serving. your community will be managed by experienced and qualified personnel at the local level, The office and technical staff responsible for the management and operation of the franchise will continue to be employees of Time Warner Cable upon completion of the Spin-Off. A complete discussion of the experience of Time Warner Cable can be found in its Form 10-K for the year ended December 31, 2007. A full copy of Form 10-K is included on the CD accompanying this filing. Board of Commissioners Meeting 07/07/2008 3-2-17 FCC Form 394 Supplemental Documents Q Board of Commissioners Meeting 07/07/2008 3-2-18 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 7, 2008 CONSENT ITEM: 4 DEPARTMENT: County Manager CONTACT(S): Chris Coudriet SUBJECT: PRESENTER(S): Chris Coudriet Approval of Alternative Recommendation for Juvenile Crime Prevention Council (JCPC) Funding BRIEF SUMMARY: On Friday, June 20, at their regular scheduled meeting, the JCPC approved the following proposed funding recommendations for FY08-09. A total of $443,625 is available for the proposed funds for FY08-09. Five agencies submitted grants for funding, only three agencies were recommended for funding. The recommendations are listed below: Psychological Services $226,905 Juvenile Day Treatment Center $168,570 Teen Court $ 40,150 Administration $ 8,000 L.I.T.E. $0 Project $0 RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the funding recommendations. Above action will result in: New Position(s) Position(s) Modification Or Change No Change in Position(s) Explanation: A budget amendment will be submitted to the County Commissioners for approval to revise the FY08-09 budget when final approval is received from Office of Juvenile Justice. There will be no county match requirements. ATTACHMENTS: Funding Information COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners Meeting 07/07/2008 4-0 Approved 5-0. Board of Commissioners Meeting 07/07/2008 4-0 s "~ Juvenile Crime Prevention Council Funding and Review Committee .~ , Funding Recommendations FY 2008-09 The following agencies have submitted grants for funding for FY 2008-2009. Proposed funds available for the fiscal year are $443,625. Administration $5,500 -- -- -- $8,000 $8,000 Ps ~ho~o Kcal ,, :' Y ... ~ .:, 20 . , 0 ... ~ :_ ~0 0 ~ X46 56~` ; $~2 4$ :: $~Ot~~~0 .. $2 t~0~: 3~~95 : $ ~~0.... .: $ , ~ ' :errr~~es ., ~; 0~ $ ~ a Day Treatment $201,161 $203,045 $305,722 $1,104,649 $110,000 $1,723,416 $168,232 $168,570 Center LITE ~ --- ~ $43,743 ~ $49,920 ~ -- ~ -- ~ $93,663 ~ $43,743 ~ $0 Total $443,625 $623,495 $426,1100 $1,115,569 $135,000 $2,300,174 $443,625 $443,625 2008-2009 Funding Priorities I. Psychological Services 2. Day Treatment 3. Teen court 4. community Service Board of Commissioners Meeting 07/07/2008 4-1-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 7, 2008 CONSENT ITEM: 5 DEPARTMENT: Budget PRESENTER(S): Cam Griffin CONTACT(S): Cam Griffin SUBJECT: Approval of New Hanover County Board of Education Budget Amendment #9 BRIEF SUMMARY: Budget Amendment was approved by Board of Education on June 3, 2008. The attached budget amendment moves funds from Northern Site Middle School to Bond Contingency. This reverses a budget amendment the Board of Education approved March 3, 2008 moving funds to the North Site Land Purchase for Site Improvements. After bids were received for the project, the $1 million transferred from Contingency was not needed. RECOMMENDED MOTION AND REQUESTED ACTIONS: Review and approve New Hanover County Board of Education Budget Amendment #9. FUNDING SOURCE: Are funds available in the current budget for the full amount required for this purpose? n/a Above action will result in: Explanation: ATTACHMENTS: Board of Education BA9 New Position(s) Position(s) Modification Or Change No Change in Position(s) COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 07/07/2008 5-0 Budget Amendment , #9 New Hanover County Administrative Unit Capital Dutlay Fund The New Hanauer County Board of Education at a meeting on the 3rd day of June X008, passed the following resolution, Be it resolved that the following amendments be made to the Budget Resolution for the fiscal year ending June 30, 2008, Code Number Description of Code Increase (Decrease} Uarious See Attached Revenue: Uarious See Attached Explanation; See attached budget transfer Total Appropriation in Current Budget Amount of IncreaselDecrease of above Amendment Total Appropriation in Current Amended Budget $ 116,677,394,88 ~ 116,677,394,58 Passed y majority vote of the Board of Education of New Hanover County on the ~ day of 20 D8 , C airman, Board of Education ~~~~t Secreta ,Boar of Education Board of Commissioners Meeting 07/07/2008 5-1-1 Capital Outlay Amendment #9 T© transfer funds back to Bond Contingency that were moved in B~4#6 to cover Water ~ Sewer Improvements. Project funding available after bidding complete. 4.9900,820.699.000.945 Bond Contingency 1,000,000..00 4.9112,820.522,000.945 Middle School BB -General Contractor X1,000,000,00} Board of Commissioners Meeting 07/07/2008 5-1-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 7, 2008 CONSENT ITEM: 6 DEPARTMENT: Budget PRESENTER(S): Cam Griffin CONTACT(S): Cam Griffin SUBJECT: Adoption of Ordinance for Budget Amendment BRIEF SUMMARY: The following budget amendment amends the annual budget ordinance for the fiscal year ending June 30, 2009. 2009-01 Finance RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of ordinance for the budget amendment listed in the summary above. Above action will result in: New Position(s) Position(s) Modification Or Change No Change in Position(s) Explanation: To amend the annual budget ordinance for the fiscal year ending June 30, 2009. ATTACHMENTS: BA 2009-01 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 07/07/2008 6-0 AGENDA: July 7, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-01 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2009-O1 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Cell 6C & 3B-5 Partial Closure Capital Project Department: Finance Ex enditure: Decrease Increase Transfer to Environmental Mana ement $124,570 Ca ital Project Ex ense $81,123 Total $81,123 $124,570 Revenue: Decrease Increase Investment Earnin s $28,256 Sales Tax Refund $15,191 Total $43,447 Fund: Environmental Management Department: Landfill Ex enditure: Decrease Increase Total Revenue: Decrease Increase Transfers in from Ca ital Pro'ects Fund 725 $124,570 A ro riated Fund Balance $124,570 Total $124,570 $124,570 Section 2: Explanation This budget amendment closes Fund 725, Cell 6C and 3B-5 Partial Closure. The remaining equity will be transferred to Environmental Management Fund Balance. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2009-0 l amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2008. (SEAL) ATTEST: Robert G. Greer, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 07/07/2008 6-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 7, 2008 REGULAR ITEM: 7 DEPARTMENT: County Manager PRESENTER(S): Cynthia 1. Brown CONTACT(S): William A. Caster SUBJECT: Presentation by New Hanover County Community Action BRIEF SUMMARY: New Hanover County Community Action, Inc. (NHCCA) is a 40-year-old, private, non-profit human service agency based in Wilmington. The agency administers eight programs and services which help citizens move out of poverty. It's largest program is the federally funded Head Start pre-school program. Agency director, Cynthia Brown will present a brief overview of the agency's structure, funding and most recent performance results. NHCCA is seeking suppport from the New Hanover County Commissioners to fill two vacancies on its board of directors. Community Action boards must reserve 1/3 of its seats for local public elected officials or their designees. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. Above action will result in: New Position(s) Position(s) Modification Or Change No Change in Position(s) COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners Meeting 07/07/2008 7-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 7, 2008 REGULAR ITEM: DEPARTMENT: Sheriff PRESENTER(S): Sidney A. Causey, Sheriff CONTACT(S): Sidney A. Causey, Sheriff SUBJECT: Public Hearing and Approval to Submit a Joint Application with the City of Wilmington for Edward Byrne Memorial 2008 Justice Assistance Grant (JAG) Program Funding from the U.S. Department of Justice BRIEF SUMMARY: New Hanover County and the City of Wilmington are certified as disparate agencies; therefore, JAG funding in the amount of $44,783 is available to be shared. The following funding distribution is offered for consideration: (56% or $25,078 City of Wilmington portion and 44% or $19,705 New Hanover County portion). There is no local match requirement. Submittal of a joint JAG grant application is required. The JAG grant process requires a public hearing to be held for discussion on the use of funds. The Sheriffs Office portion of the 2008 JAG Grant funding in the amount of $19,705 would be used to purchase laptop computers and related operating accessories for use in the patrol vehicles. A Memorandum of Understanding between New Hanover County and the City of Wilmington is required as part of the JAG Grant process and is hereby attached for consideration and approval. The attachment includes: Memorandum of Understanding and Funding Allocation Worksheet. The JAG grant application will be placed in the County Commissioners' Office for review. RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct a public hearing on the use of JAG grant funding. After closing the public hearing, authorize the Sheriff's Office to submit a j oint 2008 JAG grant application with the City of Wilmington and authorize the County Manager to execute the required County/City Memorandum of Understanding. Above action will result in: New Position(s) Position(s) Modification Or Change No Change in Position(s) ATTACHMENTS: JAG grant information COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct public hearing. Recommend approval of grant application. COMMISSIONERS' ACTIONS: Board of Commissioners Meeting 07/07/2008 8-0 Conducted public hearing. Approved 5-0. Board of Commissioners Meeting 07/07/2008 8-0 U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance e artrnent of Justice, t~ffice of Justice Pro~ran~s' Bureau of Justice Assistance is The U.S. D ~ ---- leased to announce that it is seeking applications for funding under the Edward Byrne , p morial Justice Assistance Grant JAG) P rogram. This program furthers the Departm en s Me ' ion b assistin state, local, and tribal efforts to prevent or reduce crirn a and violence. miss y 9 Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY 2008 Local Solicitation Eligibility icants are limited to units of local government on the FY 2008 Units of Loco! Government Appl JAG funds. To view this list, go to www.o' .undo . ovIBJAI rantl6S'a allocat~ons.htrnl. L~sf for {See "Eligibility," page 1) ~® Deadline All a plicatians are due b 8:DO .m. e.t. on July 8, 2008. See "Deadline: Applications," page Contact Information or assistance with the requirements of this solicitation, contact: Eileen Garry, Deputy Direc#ar F for Programs, at 202-307-6226 or Aileen. ar usdo • Qv. This a lication must be submitted through OJP's Grants Management System ~GMS). For pp technical assistance with submitting the application, call the Grants Management System Support Hotline at 1-588-549-990 . Release date: June 4, 2008 Board of Commissioners Meeting 07/07/2008 8-1-1 Purpose Areas JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice including for any one or more of the following program areas: • Law enforcement programs. • Prosecution and court programs. • Prevention and education programs. • Corrections and community corrections programs. • Drug treatment and enforcement programs. • Planning, evaluation, and technology improvement programs. • Crime victim and witness programs (other than compensation). * Any law enforcement or justice initiative previously eligible for funding under Byrne or LLEBG is eligible for JAG funding. Responsibilities The chief executive officer of an eligible unit of local government ar a loco! agency designated by the chef executive officer must apply for JAG funds. A unit of local government receivin a JAG award wilt be responsible for the administration of the funds includin distributin h g monitoring the award; submitting re arts includin erform g 9 t e funds; p g p once measure and p rogram assessment data; and providing ongoing assistance to any subrecipients of the funds. Administrative Funds A unit of local government may use up to 10 percent of the award for costs associated with administering JAG funds. Disparate Certification A disparate aliocat~o curs when a constituent unit of local government is scheduled to receive one and one-h alf times more (four times more for multiple units of local government than another constituent unit{s}, while the other unit of local ~ government bears more than 50 percent of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit{s}. JAG disparates are certified by the Director of the Bureau of Justice Assistance {BJA), based in part on input from the state's Attorney General. Far a listing of disparate jurisdictions, go to www.o' .undo'. oviBJA! rant,0~'a allocations.htn~l. * Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. The units of local government involved may establish a joint advisory board to carry out the joint application process. When beginning the JAG application process, a Memorandum of Understanding {M OU}must be completed, signed, and either scanned and uploaded as an attachment in OJP Grants Management System {CMS}, or faxed to OJP, indicating who will serve as the applicantlfiscal agent for the joint funds. MOUs must be faxed to 202-354-4147, wath the CMS-generated application number printed on each page. For a sample MQU, o to ww.o~a.usdai.ooviBJAl~rant~iap0~1~ MG~f. g Governin g Body Review The eligible unit of local government applying for a JAG award must make the grant a lication available for review to the governing body of the unit of local overnment or an ar pp designated by that governing body not fewer than 30 da s g ganizatian y before the appl~cat~on is subm ~tted to BJA. Board of Commissioners Meeting 07/07/2008 8-1-2 Board of Commissioners Meeting 07/07/2008 8-1-3 i ~~ ~4Y, ~ '~ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is entered into this the day of , 2008 by and between the undersigned officials of New Hanover County, North Carolina {hereinafter referred to as "County") and the City of Wilmington, North Carolina {hereinafter referred to as "City") in order to facilitate obtaining Edward Byrne Memorial Justice Assistance Grants {JAG} through the United States Department of Justice. Further, all understandings contained herein are contingent upon the timely passage of appropriate funding resolutions by the parties' respective governing bonds. RECITALS WHEREAS, the United States Department of Justice has announced the availability of certain Edward Byrne Memorial Assistance Grant Funds through its Office of justice Programs, Bureau of justice Assistance; and WHEREAS, pursuant to federal law The Attorney General of the United States and The United States Department of Justice, Bureau of Justice Statistics, has determined and certified that the County bears more than fifty percent of the prosecution or incarceration costs arising from Part I violent crimes; and WHEREAS, the County and the City recognize that it would be in the mutual best interest of all parties, as well as, the furtherance of the public interest and advancement of public safety, to cooperate one with the other in the Edward Byrne Memorial Justice Assistance Grant process, and further, to enter into an agreement to equitably share said grant funds. NOW THEREFORE, the parties hereto enter into the following mutual understanding contained herein: 1. The County and City shall join in the herein described grant process, shall use their best efforts to facilitate said process to include, but not limited to, the submission of appropriate and timely funding resolutions to their respective governing boards, and shall cooperate one with the other, 2. The parties hereto agree to share on a percentage based distribution {56% City and 44% County) of any and all funds awarded under the Edward Byrne Memorial Justice Assistance Grant and further each party shall determine their Individual funding needs. The above stated percentages shall be adjusted accordingly to reflect the actual cost of the equipment to be acquired. 3. Based on the individual funding needs as determined by the parties and subject to the approval of each party's governing board, each party may contribute a proportional share of any matching funds if deemed appropriate. Board of Commissioners Meeting 07/07/2008 8-1-4 ~~ ~~ t ~ ~, 4. In the event the actual grant award is less than the original amount requested then the amount awarded to each party shall be proportionately decreased and each party's matching fund share be proportionately decreased {i.e., if the overall grant award is reduced by 10% then the amount to the County and/or the City would decrease by 10%, and the matching funds contributed by either the County and/or the City would be reduced by 10%}. 5. The City shall act as lead agency and shall be responsible for the following: submitting the grant application filing all necessary attachments an behalf of both agencies far the required application; receive the electronic drawdown; and transfer the shared portion to the county; and handle the grant monitoring and close-out. Further, the County shall provide the City with receipts of the designated expenditures in order for the City to submit the appropriate financial and program reports. No administrative fee shall be charged by either party. All funds will be used strictly for law enforcement purposes. 6. The City Manager has designated the City Police Department Grant Manager to submit the application on behalf of both parties and shall provide any additional documents requested by the JAG program office. 7. This agreement shall commence on the day of , 2005, and shall remain in effect until completion of the grant award pursuant to the Fiscal Year 2005 Edward Byrne Memorial Justice Assistance Grant. 5. The terms and provisions enumerated herein shall constitute the entire understanding between the parties. This Memorandum of Understanding shall not be modified or otherwise amended except in writing signed by the parties. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the day and year first above written. NEW HANOVER COUNTY, NORTH CAROLINA ATTEST: County Manager Clerk to the Board CITY OF WILMINGTON ATTEST: City Manager City Clerk Board of Commissioners Meeting 07/07/2008 8-1-5 s ~ ~, This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. County Finance Officer This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. City Finance Officer Approved as to form: County Attorney Approved as to form: City Attorney Board of Commissioners Meeting 07/07/2008 8-1-6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 7, 2008 REGULAR ITEM: 9 DEPARTMENT: Planning CONTACT(S): Chris O'Keefe SUBJECT: PRESENTER(S): Chris O'Keefe Public Hearing Special Use Permit (5-582, 06/08) -Request by Shanklin and Nichols for Carolina Marina and Yacht Club to Locate a Commercial Marina with Dry Stack Storage for 200 Boats at 1512 Burnett Road on 3.1 Acres in the R-15 Residential Zoning District and the Conservation Land Classification BRIEF SUMMARY: At its June 5, 2008 meeting, the Planning Board voted 4-0 to recommend denial of the permit. The board members noted the efforts of the applicant to try and satisfy many of the concerns that have been listed over time but felt that there was essentially no way to adequately mitigate the public safety concerns associated with dropping boats off a pier into the channel at this location given the dynamics and proximity of Carolina Beach Inlet, and they felt that the size of the proposed dry storage operation was too large and not in harmony with the surrounding neighborhood. RECOMMENDED MOTION AND REQUESTED ACTIONS: Choose one: 1. Motion to Grant the special use permit based on the findings of fact (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific negative findings in any of the four categories (listed on page four of the "Findings of Fact" attachment), such as lack of consistency with adopted plans or determination that the project will pose public hazards, will not adequately meet requirements of the ordinance, or will be out of character with surrounding area. If the Board chooses to grant the special use permit, staff offers four recommendations on page four of the attached Findings of Fact. Above action will result in: ATTACHMENTS: 5-582 Findings of Fact 5-582 Petition Summary 5-582 Applicant Materials 5-582 Wilson letter 5-582 Stevens Towing Letter 5-582 Site Plan New Position(s) Position(s) Modification Or Change No Change in Position(s) Board of Commissioners Meeting 07/07/2008 9-0 5-582 Adjacent Property Map COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: The permit was denied 5-0 based on the finding that the plan it is not in harmony with the neighborhood. Board of Commissioners Meeting 07/07/2008 9-0 Case: 5-582, 6/08 APPLICANT: Ken Shanklin for Carolina Marina & Yacht Club REQUEST: Commercial marina with Dry Stack Storage and forklift pier, eliminating ramp LOCATION: 1512 Burnett Road History: This permit application relates to property which has an existing special use permit (5-13) for commercial marina originally approved in 1971.Over time, the details of the proposal have been mod~ed by a series of administrative approvals under the provisions of Section 71-1 (9) of the zoning ordinance. The current valid permit includes two piers, a boat ramp, a 3-story clubhouse, surface parking for 41 boats and associated parking for the combined uses. The proposed change was deemed to be a major change from the approved plan. As such, it is a new permit application. As you are well aware, there has been a series of requested changes to this marina project. Since 2002 there have been at least 3 requests for dry stack storage, all of which have been withdrawn from consideration prior tonal resolution by the county commissioners. Although staff has recently been reviewing proposed changes in relation to the existing 5-13 permit, we are reminded that there is no provision for "major modification" of a special use permit, therefore, these preliminary~ndings do not, for the most part, speak to changes between 5=13 and proposed 5=582, but simply enumerate the characteristics of 5-582 as a new application in relation to the current ordinance and land use plan. PLANNING BOARD ACTION: At its June 5, 2008 meeting, the Planning Board voted 4- 0 to recommend denial of the permit. The board members noted the efforts of the applicant to try and satisfy many of the concerns that have been listed over time but felt that there was essentially noway to adequately mitigate the public safety concerns associated with dropping boats off a pier into the channel at this location given the dynamics and proximity of Carolina Beach Inlet, and they felt that the size of the proposed dry storage operation was too large and not in harmony with the surrounding neighborhood. Preliminary Staff Findings 1. The board must find that the proposed development will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is located within the Myrtle Grove VFD. Applicant has consulted with County Fire Services to assure adequacy of the proposed site design for fire protection. B. Private water and septic currently serve the site, but applicant has a contract for water and sewer capacity from Aqua, NC, a private utility provider. C. Aqua, NC cannot provide adequate water pressure for fire suppression. Alternate methods will be 1 5-582, 6/08 (cc) Board of Commissioners Meeting 07/07/2008 9-1-1 required. D. All utilities will be underground. E. A county stormwater plan is required. F. The subject property is located in a 100-year floodplain VE zone. G. The site is located in a Primary Nursery Area. H. The site is located in SA shellfishing waters. I. No new dredging is allowed in primary nursery areas. J. The site is located in an R-15 Residential Zoning District in the Tucker-Burnett Subdivision, which was platted in 1947. K. The site is approximately 2.9 acres in size with 240 feet of waterway frontage just south of Carolina Beach Inlet. L. Access to the site is from Burnett Road, a local street that delivers traffic to Carolina Beach Road, a major arterial thoroughfare. M. A Special Use Permit (5-13) was issued in 1971 for expansion of an existing marina. The original site plan has been altered by administrative approvals over a long period of time. The current valid site plan was administratively approved in September of 2005. The overall scope of the approved marina operation includes 41 boat parking spaces, a clubhouse, a boat ramp and two piers. The marina operation covers approximately half of the dry land area of the site, in accordance with the original site plan where a fence separated the residential use from the marina use. N. A CAMA permit has been issued for the existing valid 5-13 permit. 2. The Board must find that the proposed development meets all required conditions and specifications of the zoning ordinance. A. A marina requires a special use permit and approved site-specific site plan to operate in a residential district. B. This proposal requests a permit for commercial marina and clubhouse with dry stack storage of up to 200 boats and a forklift pier 24' wide with 55' wide flare; one 8' wide parallel pedestrian walkway; and 210' wide floating "T" fuel docks designed for delivery of boats to the water. C. No boat ramp is included in this proposal. D. If this proposed request is approved, 5-13 will be permanently vacated. E. The County's Conservation Overlay District zoning provisions have been observed in the site plan. F. The proposed location of the storage facility and clubhouse is in a Special Flood Hazard Velocity zone, and must meet the elevation requirements set out in the flood code for such structures. No enclosures are allowed below flood elevation except under standards specified in the flood ordinance. G. To help mitigate stormwater impacts, the project proposes pervious paving material for a portion of the parking and drivable areas and also includes rain gardens and other Low Impact Development (LID) practices outlined in the county's draft guidelines, allowing the project to be viewed as "exceptionally designed" and therefore eligible to exceed 25% impervious coverage in accordance with Policy 3.12.b of the 2006 CAMA Land Use Plan. Proposed total impervious is 39%. The existing stormwater permit for subsurface infiltration system must be reviewed and approved for this proposed plan. H. Maximum height in a VE flood hazard area is 44 feet. Proposed height of the boat storage and clubhouse facility is 40 feet. I. The Tucker-Burnett Subdivision common lot for neighborhood water access is adj acent to the north of the subject property (Lot 8 Blk 2Tucker-Burnett SID dedicated and set aside as a "park, playground or beach for use by the owners of property in said subdivision" DB409, P273 in January of 1948). Streets otherwise border the property on the north and west. One abutting residential property is located on the south property boundary. 2 5-582, 6/08 (cc) Board of Commissioners Meeting 07/07/2008 9-1-2 J. The proposed location of the storage facility is set back 2.75 times the height from the abutting residential property along the south side property line. K. The proposal provides a minimum setback of 15 feet from the Tucker-Burnett Subdivision homeowners' common lot in accordance with setback requirements for residential zoning districts. L. A CAMA major permit will be required from the Division of Coastal Management for this proposal. M. Automobile parking must meet the requirements of the current zoning ordinance for the combined range of uses of the property. A total of 66 spaces are shown on the proposed site plan, which exceeds the minimum requirements for the proposed range of uses at proposed intensity. N. Buffering and landscaping must meet the requirements of the current ordinance. A 3 0 ft. opaque vegetated buffer is proposed on the south side of the project, exceeding the requirements of the ordinance. 0. Night lighting must be contained on site per the ordinance. No lighting plan has been included at this time. 3. The Board must find that the proposed development will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Marinas in Residential zoning districts require special use permits in order to evaluate and mitigate negative impacts on surrounding residential quality of life. B. The proposed dry stack storage facility is shown on the plan at 115' in width by 290' in length with attached 40' X 50' 2-story clubhouse with covered deck. C. The applicant intends to deliver boats to the water via a forklift. Alternative warning devices are available on the market to dampen engine and back-up noise impacts, if utilized. D. Applicant states that no maj or repair will be performed at this facility. E. Applicant states that operating hours for the marina will be 7:00 a.m. to 7 p.m. F. Applicant states that the ship's store and office hours will be 8:00 a.m. to 6:00 p.m. G. Applicant states that clubhouse closing time will be no later than 9 p.m. H. Boating is not a public necessity, but increased public access to the water is an important goal in coastal counties. I. Although dry storage facilities cater to private consumers, commercial marinas provide services to the general boating public that are viewed as having public benefits and are encouraged in Policy 3.18 of the 2006 CAMA Land Use Plan when resources are not adversely affected. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The New Hanover County Comprehensive Plan classifies the site as Conservation. The purpose of the class is to provide for effective long-term management and protection of significant, limited, or irreplaceable natural resources while also protecting the rights of the property owner. Water-dependent uses are appropriate. B. With limited exceptions, the 2006 CAMA Land Use Plan prohibits dredging in a primary nursery areas and open shellfishing waters; therefore, elimination of the currently approved boat ramp would be in harmony with the area and consistent with the land use plan. C. With limited exceptions, the 2006 CAMA Land Use Plan disallows new marinas in primary nursery areas; however, this proposal would replace an existing permit. D. The property is zoned R-15 moderate density residential. The immediate surrounding area is populated with residential uses. 3 5-582, 6/08 (cc) Board of Commissioners Meeting 07/07/2008 9-1-3 E. Only one other commercial marina with dry stack storage (Inlet Watch just north of this proposal) has been approved in a residential zoning district. Staff Comments: 1. If approved, the order should clearly specify all conditions and should state that this permit supersedes and vacates all prior plans and conditions. The new order and site plan for S-5 82 would then become the only valid county authorization associated with this address. Since the history of the marina proj ect at this location has been contentious and speculatively debated through the years, staff feels that clearly establishing the details of approval would be an important step to resolve matters and create predictability for all parties. 2. Staff suggests adding a specific condition to require noise dampening devices for forklifts utilized for this project in order to help mitigate conflicts of neighborhood harmony. 3. Staff suggests, in order to help mitigate character conflicts with commercial use inclose proximity to an existing residential neighborhood, adding a specific condition that no full service restaurant operation maybe included in the project, but a snackbar operation could be allowed as a membership amenity for the yacht club members and transient boaters. 4. In order to clarify for posterity the intended limitations on ancillary uses, staff suggests adding a specific condition stating that the clubhouse is restricted to activities and events directly associated with the normal functioning of the yacht club and marina. ACTION NEEDED: (Choose one) 1. Motion to Grant the special use permit based on the findings of fact (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific negative findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards, will not adequately meet requirements of the ordinance, or will be out of character with surrounding area. 4 5-582, 6/08 (cc) Board of Commissioners Meeting 07/07/2008 9-1-4 Case: 5-582, 6/OS Commercial Marina with Dry stack storage and forklift pier Petition Summary Data Owner/Petitioner: Ken Shanklin for Carolina Marina & Yacht Club Existing Land Use: Marina Zoning History April 7, 1971 (Area 4) Land Classification: Conservation Water Type: Private provider available Sewer T~ Private provider available Recreation Area: Snow's Cut Park Access & Traffic Volume: Burnett Rd. (local) to Carolina Beach Rd. (arterial) Traffic LOS on Carolina Beach Rd. is C&D (2005) with ADT approximately 26,592 Fire District: Federal Point FD Watershed & Water Quality Classification: Seabreeze, SA; HQW Aquifer Rechar e Area: Shallow water table sand aquifer and underlying artesian aquifer containing fresh water over salty water Conservation/Historic/Archaeological Resources: Special Hazard Flood Zone (VE}; Primary Nursery Area; salt marsh Soils: Tidal Marsh (TM); Newhan (Nh); Leon (Le) Septic Suitability: Class IV Unsuitable (TM); Class I Suitable (Nh); Class III Severe Limitations (Le) Schools: Carolina Beach Elementary Board of Commissioners Meeting 07/07/2008 9-2-1 r~ ~1 AIDS x' t~ ~,~. Board of Commissioners Meeting 07/07/2008 9-3-1 R~ V ~~ Y1' ~~~~~ 1J ~i Applic~.tions for special Use Permits bother then far single farnilY dwellings an individual lats} are first referred to the ]dew Hanauer County Planning Board far recornrnendation to the County Cvmmissianers, The Cornrnisioners made final action on the permit application in a quasi judicial public hearing. Complete petitions and all supplementary infarmation must 6e accepted by the Planning ~epartrnent twenty ~~4} working days ~befare the Planning Board meeting to allow adequate time far processing and advertisement as required by the l~lorth Carolina General statutes. Planning Board meetings are held on the first Thursday of each month at :~~~ in the Commissioner's Asse~nhly loam at the Old County Courthouse, at Third and Princess streets, ~Vilmingtan, North Carolina. Applications for singlertfamily dwellings, including mobile homes, on individual lots must he accepted by the Planning Department twenty {~0} working days before tl~e regularly scheduled Commissioners meeting, Applications for singlewfa~nily dwellings an individual lots do not require planning board reviev~. ''fat ~'au ~~~~ Estnb~~~h ~"or ,~ ~ecia~ Use ~er~it Authority to grant a special Use Permit is captained in tie honing Ordinance, pursuant to section 7l , The Qr~ing Ordinance zrnpases the following General Re~uirernents on the use requested by the applicant. Under each requirement, the applicant should explain, Frith reference to attached plans, ~+here applicable, haw the proposed use satisfies these requirements: Attach additional gages if necessary} general Requirement #~ The Board must find "that the use gill pat materially endanger the public health or safety if located v~here proposed and developed according to the plan as submitted and approved." ~~ ~~HTBIT ~~~~~ ~T'~HI~ S~~RETU . ~. enerai Requirement #Z The Board must ~iud "that the use meets all required conditions and specificatiar~s" of the honing Ordinance'}. ~~ E~TBTT ~',~" ~TT~H~~ H~RET~ . Page2af CTF' t l I~? Board of Commissioners Meeting 07/07/2008 9-3-2 general Requirement ~ The board must hod "that the use will not substa~tiall~ injure the value afadjoining or abutting propel' or that the use is public neCe5slty." E1~ 1~~~ZBZT n~'r ~TT~G~I~I~ 5~.~'~ . general Requirement #~ The board must find "that the location and character o~`th use i~developed according to the plan as submitted and approved w~~l be ~n harxnon~ with the area in. which it is to be located and in general con~orn~ity with the plan ofdevelopment for New Hanover ouniy.'> ~~ ~~~~T ".A"r ,ATTA~E~ 1'i1~R.~TO. The ouzr~g ~ardxnauce iu some iustauces also iuaposes additional specific requirements ou the use requested b~ the app~~cant. The app~xcant should be prepared to demonstrate that the proposed use would couaply with each specific requirement found in section 7~, additional restrzctlons imposed on certain special uses has applicable}. He1he should also demonstrate that the land would be used in a manner consistent with the plans and policies o~ dew Hanover bounty. The hoard of omissioners may impose additional conditions and restrictions that they deem appropriate prior to tlae issuing of the pecia~ Use ~errnxt. x cert~l~y that this application is cornplete and that ail of the inl~oxuaatxon presented xn this application ~s accurate to the best of my knowledge, information, and belief, ~~R~LIN~ N1ARZ~A ~D YA1~IT CLUB, L~,C ~3~ • tore o~~et i~a~er and/or ~rope~ty weer Tin~~th~r Ward, N1~me~ f l~a.n~~~ Ta.m~~~~r ~ . 1~~~d ~r~nt dame Page 3 oi'3 SUP ~ 1107 Board of Commissioners Meeting 07/07/2008 9-3-3 úÍÛÊØ ÍÖ ùÍÏÏÓÉÉÓÍÎ×ÊÉ ï××ÈÓÎÕ ????????????????? ??????????????? The Subject Property is located in an - ~ residential zoning district, and commercial n~ar~nas are permitted by special use permit in -~ zoning districts ~n N'e ~ianove~ bounty. n fact, marinas have been permitted in a -~ ~ caning districts since the inception of Zoning in New Hanover bounty. This xs because most xf not all of the ava~b~e land for a marina lies almost exclusively within residentially zoned propert~r next to the salt marshes, ~e ~ntxacoastal 'ateray, the ~.~~ dear River and the Northeast gape dear River that bordex the n~aj arity of New Hanover bounty's jurisdictional and physical boundaries ~n June , ~ X71, the V~iln~.i.ngton-Iew ~anaver bounty Planning on~rnissian unanimously reconn~nended that the bounty omrnlsslaners approve ~on~er ~. ward's specxa~ use permit appllaat~on sub~cct to seven condlt~on and on June 7, 1~7~, the New Hanover bounty Board of on~rnissianers voted unanimously to approve ~on~er ~. v~~xd's special ruse permit application for the operation of a co~nacroial marina at the Subject Proper, It is ~rorthv~.le to note that there were "no objections" lodged at the orxg~nal pubic hearing gxanting the Special Use Permit. The seven conditions recomn~.nded by the Planning ommisszon mere adapted by the Board of on~missioners, and these canditior~s were set forth on the face of the special use pe~nit. . copy of Special Use permit No, l3 ~"~~ No~ 3} is attached hereto as B~b~t ".'~ Zt has been etab~xshed the North axolina enera~ court of Justice and before the bounty's Board of Adjustment that SUF Igo. ~ 3 ~s valid and runs with title to the Subject Property, nay a~rned by aralina ll~arina and yacht flub, ~. erta~n nc~ghbors have questioned the validity of SUP Io. 13, but the validity of S[JP No. ~ 3 is yell settled and beyond quest~an. In X004, Timothy PI. v~ard and Donnie ~. hard {~`Pla.~tiffs"} filed a '~~n,~~ain~~ fog .~~c~ara~o J~derrt against New ~anaver bounty ~"Defendant bounty"} in New Hanover bounty Superior court ~~ile No. 04 ~ ~I9}. The narro~r scope of this action was to seep ~. judicial determination of the Plaintiffs' rights to use a forl~lift in connection with their operation of a conux~erclal marina on the Subj eat Proper pursuant to SUP Na. ~ . This case was dismissed by the Superior curt an ju.sdictional grounds, leaving undecided ~thther the applicants can use a far~li~ at the subject marina. The North Carolina court of Appeals upheld the decision, and the Forth Carolina upren~e curt decided not to hear his m~.tter, so the Applicant requested a near hearing by the Bawd of Adjustment. ~n January ~3, X007, the Board of Adjustment heard this matter involving doe forl~lift and voted unanimously ~5~~} to grant the Applicant's appeal of the Staff's Dea~slan and reversed the ref nforcen~ent dicer. In other ~rards, the Staff dec~s~on eras overturned to allow the Applicant the use of a forl~~ift on the site. Additionally, the initial site plan far Applicant's ~ar~na has been administratively naod~.ed on several occasions. The last modification was duly approved by Ann dines and subsequently upheld by the Board of Adjustment an September 2~, 200 aver a challenge by Dav1d hard and v1olet hard. r/- Board of Commissioners Meeting 07/07/2008 9-3-5 With that ~ mind, ar~d conside.~ the substantial u.~ed far access b~ the genera./ pub~ao to the public trust ates of the lntracaastal atera.~, ~pp~nt has revised its d~r~ins to reconstruct the pier to allay for the use of forklift as well as minor revisio~as ~n~rol~u~.g the clubhouse and canstru~t~ar~ of a ~ stack storage bulldrng. fiver the course of the last several dears, Applicant and its Manager, Tin~oth~ d, hive been diligently Pursuing perrnits far the cantinued use and de~elaprnent of the farina. Same of these permits are. State Sto~rn 'h'ater Permit ~ #NCCJ ~ 1 ~aa; New ~ano~rer County to~n~ Water Permit; NC DST d~~v~e~ra~ oonnectian permit ~ ~I~ 474; ~~C Soil and Erasion cant~a~ pe~rnit - CrPS ~ a 1; ~C ~E~R ~C~I~A} p~rn~it - #a~~7; US ~~~ Carps of Engineers per~n~t ~ ~,aa~aa4~; NC State seer connection pe~n~.it; and office of Ad.~n~st~ative hearings Order entered bar Judge .ugustus B, Ell~ins, l an ~a~en~ber ~~, ~~7 upholding C~,~VIA Major Permit ~a. ~~~~? attached hereto as Exhibit " " Considerable progress has been made nth ~o use and develapn~e~t of Applicant's can~mercia~ marina. ~e~aera~ a ~€~rement ~1 The ward must find "that the use ,~ got n~ateriall~ endanger the pubic health or safet~r xf acted where proposed and developed acco~dxg to tha plan as submitted and approved." ~~ S~~t~e~r b~ ~~p~~ica~. The Subject P~opa~~ consists of dots 1, , 3 and ~ of Bloc1~ ~ of the Tuce~ Burnett ubdi~risian located at the end of Burnett Road, which xs located off Carol beach Raad ~igh~a~ 4~ 1 }south of Wilmington. The Subs ect Propart~r c~~rrentl~ has Special ~Jse Permit ~i. e., lie ~ano~e~ Caunt~ SUP ~a. 1 ~~ thereinafter "Permit"~ for a commercial nnaria ritb. conditions as listed orgy the Permit, v~hich is attached hereto as Exhibit {`~.." The Subs ect Property has been in the hard fa.n~il far ,~~ dears, and in ~~05 } the Ward brothers conveyed the Sub j eat P~apert~ to Carolina I1~arin and Yacht Chub, ~,C. ~~See deeds recorded on N~a~ 1 , ~a~5, in Bao 405 at Page 53 5, and Boob 4$D~ at Page 9, New Hanover County Registry.} The Subject Proper has been used as a commercial marina since before the adoption of N~e~r ~anaver Count's ~ar~i~ag ~rdina~a.ces, with lr, darner 'hard obtaining SUP loo. ~ 3 on June ~1, ~ '~ 1, far the camm.ercial marina. Portions of the Subject Board of Commissioners Meetin g 07/07/2008 9-3-6 Prapert~ are uni.pro~ed, This request is submitted for an arnendn~ent to the current SUS No. I3. ~'~.~ marina located ors the Subject ~ropert~ has been continuously accup~ed b~ members of the aid farr~il~ since the 19~~s~ ~.~ paint 1s sxg~xficant in thrs case because a special use permit is ore issued "for a use which the ardina~ce expressly permits in a designated gone upon proof that certain facts and ccnditio~s detailed in the o~dxnar~e exist." efini 'o. ~, hoar o ~Idre, ~S4 iV,. ~5, 4~7, ~a~ ~.. ~d 1 ~~, 1 ~ ~ 1974}. Additionally, when standards ga~erning issuance of special use permit are specified in a zoning ordxnac and an appiica~,t complies fully vtr~th the standaxds, the Board n~a not den~r permit to that applicant. oo~~ous~ v..~oard of o~n~rt~ssior~ers, X99 N,. ~ ~ 1, ~ 1 ~, ~ ~ , ~d BSS, 887 ~~ ~~}. By the actions of the Board in 1971, the Subject ~ropert~ i deemed to have complied with, and continues to campl~ with, all of the bounty's cr~terla far the ~ssua~.ce of a specral use perrn~t far a comn~ercx~ nr~arina in an R~ ~ residentially zoned district. By reason ~~ that and the fact that the Subject Property has operated as a co~.ercial marina at significant tines during the last 3~ dears, this is signzf~ca~t a~,d material evidence that operation of a can~n~ercial marina on the Subject roper~~ has not and will "not n~ateriall~ endanger the public health or safety" where it is presently located. The proposed am.endrnent to this Parrn.lt ~vauld be consistent ~v1th the 'o~~cy's o~rehensive ~~~~ thereinafter "hand Use flan"~. Specifically, the proposed Anlendm.ent ~~~ be ~~ harn~on r~th the o~rerall recreational de~elopnaent of the southern portion of the aunt. 'ee Policy 3,1 S Natural resources} gyp. l o~~, Policy 5,2 ~~,and Use and Urban design} gyp. ~ 10~ ~~.~. Policies 18. ~ and 18.E ~conon~ic 1]e~elopment} gyp. 1 ~-1 1 ~. And, the proposed impraven~ent to SUP No ~ ~ 3 mill comply with the as~r ~~ar~ for Pars, ~~~re~~i~~ and ~~~ ~aace, See pages, ~~-4, Ex-~, ~~5, ~~, ~w ~ , ~-2, 4-~, 4~ 1. 4~~ addresses the need for greater access to the mater resources of env i~ano~ver ount~r. u. Another planning concept is the recognition of the actual .~ best use of the Subject Frapert~ con~.ercia~ use, ~on~ng should not be a vehicle to disrupt historic uses and pe~~t of property, especially v~hen founded upon econorn~cs, general l~ep r~~~emen~ ~2 The Board must end "that the use meets all required conditions and specifications" ofthe caning Ordinance. S~~~ee~~ ~~ ,~pp~ican~: The Subject Property's classification on the Larta~ ~~assi ~catio~ map is "onservatian" because of its proximity to mater. Bxistin SUA Na. 13 net and has cont~nuaX~y net ail of the required conditions and speczf~cat~ons of the punt honing Ordinance. A review of the proposed minor amendments to the site plan of SUP No, 1 de.onstrates that all technical require.ents have been achie~red. recall, the ordinal site _q._ Board of Commissioners Meeting 07/07/2008 9-3-7 plan far SI~A No; ~ 3 is aver 3 years old and these is dire need for the site plan far SUS ~o. 3 to b more modernized to meet the needs of the citizens of e ano~er bounty ~~ this portion of the County. There are thousands and thousands of boats in l~e~r ano~er County. access to the Intracoastal ater~a~ and Qur barrier islands and the Atlantic ocean is critical for enjoying these natural resources. Just recently, a story has appeared on SECT T and in the i~~n~~on ~ar~e~ addressing the critical problerr~ of there not being enough boat slips and marinas for the population of ~Ie ~ana~er County. additionally, boat slip space and access to the ateray Maur greatest natural resources should be a high priority of the Board and our County. See .aster ~~an for ~ar~s, ~~rea~~or~ and ~~en S,~ac~ . er~eral ~eq u~~c~en~ # The Board rnust find "that the use mill not substantially injure the value of adjoining or abutting property or~that the use is a public necessity." S~a~e~e~~ ~y .~p~~~an~ Since this rezoning request xs for an Amendment to an existing Special use Perrnit, there v~ill not be significant ar adverse neighborhood changes. But, in any event, the applicant mill offer evidence supporting its position that the proposed a~nen.ents to Si]P No~ 1 x.11 not substantially Injure the value of adjoining or abutting property. Additionally, as the e~xdence from the Applicant gill dernonstrate at the hearings on the ~.erit of this request, .odernization of this marina is a public necessity In fact, the need far bast storage and boating fac11rt1es ~n New Hanover County s substantial and cr~t~cal. ~.,, enera~ eq~u~remer~~ 4 The Bawd ~.ut find "that the location and character of the use if developed according to the plan as submitted and approved v~ill be in harn~any Frith the axes in v~hich it is to be located and in general conformity with the plan of de~eloprnent far New ~ano~'er County." '~a~een~ ~~ ~i~p~~~a~: a Hated above, the request by the Applicant is simply a request to alter the existing boat ramp and eliminate the need far dredging tbxough the use of a pier Frith a forklift as stated in the AA ~er~,it poi a~-47, a copy of ~rhich is attached. Accordingly both the County planning Board and the Board of County on~rnissioners have previously determined both unanimously} that this site is a proper and necessary location for a marina that mill sere the general public in this portion of New ~ano~er ounty~ As this Board kna~rs~ the development Qf a marina is a difficult task with all of the required permits from Federal and State agencies. The o~ers~ght upon a marina 1s probably greater than most businesses in New Hanover County, and there v~ill always be ~~~ Board of Commissioners Meeting 07/07/2008 9-3-8 ~. o~e~~~a~ ~.~~c~ i~~ol~ed ~~~ this ma~i~.a. ~n tea, the pr~po~ a~e~dm~n~ ~~ ~~ ~a. ~ ~s si~pl~ a .~da.~~~o~a of the ~niti~l ~~e ~~ s a~,~a~~~fi~a.~r~~Iy m.~d~~~~l b~ Board of Commiss~ Hers Meetin g 07/07/2008 9-3-9 .` .~~. ~ ~; ~'. r « , ~ y,, ~~~ ti,. ~~6~` ~~ ~~~~ ~¢ ~x ~a ~~ ~~ v ~ L w R J ~~ ~ , ~~~ ~~,.,.T ~we,~-r-.cr.w. .w-• - ...., h ~~ ~ ~ .,~,...~ ,~ ~ ~~ :yam ~, ~~, .~ ?~~ ~ ~ :~~ ~~~ ~ ~ ~~.~ ~ ~ ~n~~~ ~ ~~,.~ ~~~~,~. ~~ ~ ~~ ~~~~ ,¢~, S ~ ~~ € ~ ~ ~, R ~ ~ ~ ~ ~`~"~'~~`'~~ ~ ~rf"'' ~r"~'~ ,mot .,,. k• ~ ~, S ~ a ~lw:lv';y~~ ~ .a'4°~ ` tii}~ ~~i:'r~~;mCL°~ ~ ~,,e,,.c~'~~.rti"m`'„'' ~''~3 ~° " ~ ~~~ ~ ~~ ~~~~ Board of Commissioners M~' ' `~'s. ~,~ ~`~ .~~~ #~ ~~ ~ ~ ~~'~ ~ 07/07/2008 ~ ~~ ~,. , ~, 3',~;d€~ ~~ ~~ C 4. ~ t a~+~~~~GM #~'"~Ei f~ ~?,. 1E r. nr. ham... . ~~.i~~~ d ~~x~T: ~ara~~~a ~~xtn a~~ ~'ach~ ~iub, L~ ~h~~eir~a~tex' xe~e~~ed ~a as the "A~~~ica~t~'} ~a~h~' ~. 1Chal 1 PR~~.~"~: ~ 5 ~ ~ Bur~~tt aa~ Til~nin~tan, . ~'~ ~o~e~ a unty ubm~~ed cante,pa~aeous~~ he~e~th ~~ the Ap~~iet's ~i~e ~ia~ n~odi~ica~ion ~ the abv~e-~e~`~~~n~e~ p~aial ~ e~~i~ a~ne~~r~~nt ~~~et ~ubittad ~n ~a~ 7, ~0~~. hiie this rr~adi~i~d s;fie Ala. ~out~.i~~~ ao~plie Sri the 7S~f~ot ~~t~ac i~ ~e ~ur~t~' o~~er~ratio~ ~~ve~la. Di~t~ic~~ the ~p~~xea~t r~sp~cu~i~r inain~a~ that ~~ o~e~~at~a~ ~e~~~ it~~~at i gat ~.~~~~a~Z~ ~a the subject p~o~pe~. Board of Commissioners Meeting 07/07/2008 9-3-11 array ~e fir ~ e end o s e~~a use ~r #13 Caroling ~r~. a a Y'ac t Club, I~ Amenclanent to Special Ilse Permit #13 may 7, 2ooa '~~ requested changes to ~~ are as foilos: 1 ~ ~`o ren~o~r from the e~~st plan of de~re~ap~nent the use of a boat ramp located at the seawall on the eastern properr ~~. and e~i~ninate the s~bse~uent need far dred.n a channel f~on~ the intrcoas~ ~rater~va~ through the pri~n~ nursery area to the ramp. phis change allows the de~eloprnent to be amore in line nth the aa~ CAS ~~~. use flan. access to the ratervv~ will be created through the replacement ofthe e~st~ng ~~~~ structure nth a new pier apab~e of use h~ a mare forklift h~ch could deliver the boats to deep mater at the end of tae pier. A n~ar~.ne fark~~ft ~ a~read~ permitted far use at this fac~li and our existing pier ~ already pern~~tted to be replaced per the current plan. } ~e flaat~ng dockage ~~ needed t the end ofthe pier to support ~e launching and retrie~ral process. ~~erall, the linear feet of floating docks mill be reduced from ~~ feet to less than ~ 4~ feet, or ~'7~~~. } 'fie proposed plan increases e setback distance firo~n .e .tracoastal ater~a~. 4~ ~. enclosed dry s.ck storage stcture ~s also proposed to house appro~~n~atel~ ~a0 ~ressels. the enclosed structure ~~ replace the planned use of portable~te~npor~ open rags. ~"he enclosed structure ~~ confine operational noise, ~~.t and dust inside the bu~ld~n. } mother change requested is to relocate the clubhouse and offices. 'fhe new plan calls far attch~r~ a b~ SO tea ~e~re~ ocelclubhouse structure to e proposed dry storage bu~ldin. ~s ~.oves the clubhouselaffices further aa.~ from the carn~nun~t~ beach area. mother change ~~ ~e the elin~nation of ~ full kitchen to prepare lunches and dinners. ~en~bers could instead. be allowed to purchase snack items fra~n a snag bar d~acent to e ships store. The proposed operating hours for ~e clubhouse ~~ also change to $A.~ to P., ~} ~`he proposed plan also eliminates the preciously constructed garagelrepair facility. ,~11 n~a~or repairs ~~ be done v site Board of Commissioners Meeting 07/07/2008 9-3-12 ~ ~~ ~+ .j` r +!R .d fjy .!r ~`~ ~P~ . 1l, .~Pr ~~~~ •.9Qrl`~~ L.~ [1' ~ / ~~ ~, x i r~ r M / 'o. ~.~ •r. •~. .~ •a. ~r. ice' ~i. •r. ~a. •~. •f. •s. ~ ~ w ~ ! ~ ~,~ ' ` o ~ rfY ~ ~ !f~ ~ ! ~ ~rti r4 fi' r, ~ ~ ~~ r ^ ~ : r x x~ r Y r Y r i u~ N ~ ~ ~~ ~ Y 1 ~ Y ~ ! 1~ {., ~ ~~ r r Y I ~~~~r~ Y ~ ~~~. ~ ~ ~ na ~~~~// ~J ~ •~i f ~~'~, •tli •~ r ~r~r a{~r r p ~• W~44~~1 ~ ~Y ~ f ~1 fr f r x ~~ ~tt~~~3d1~~~ del Cdr •`oir +~~! fury !f: jj"II ~r~~ r~~ •SS ~ $ ul 'ry~r7 ~ n UUU ~1lp1~~' ~ w ~- ~ 4 h h h '~ ti r. W~ W~ 1~~~~` 1 ~ i r ~ Y Y r f i r a FFF~~• ~ (444L~~~JJJI v~ IlSyhhJ i 11 ~r •n •r. •r. •r, •f. rp, .r~ +•,, .t, .r, ~~ ~ ,+E ri w rt v7 r~ ai of ~ .~-• « ~ ' YfS Td ~ r .°= ~ i; •: fi 1 1 t; ; r 1; r r; . ~ r ! M r s ~ F f t 1 ~M `~ air ~ ?~E 1 r. ~o. •i. •~~ rs. r. ~'~ ~•t~ r r, r, ~ ,; '' ; Y ~~ x M . ~ ~' ~ i~RiGfifYl ~' x ~~Si~ .~,r I ~r rr 1 ti yl I r j ~• ~~ z ~ W r ti ~la~ '' ~ ~~~ f ~• ~ ~~~~~:~: ', r~ ~a ~~ ,Y ,rI ~ °:t ~ ~ ~ ~ .~~~ ~ ; . ~ _ ~}~ :~ ~ a ~~¢y ~ ~ ~ ~ '~J off, Ll. `~Nd~ ~ ~-}~ } J ~ ~~~ ~ rr~ ~~ ~~ ~~ f ~~~.. ~u~ .g ~ ~ ~ ~ ~ r ~~~~ ~~ ~~ ~ • ~ ~~ ~ ~ ~ ~~ ~ . $ . ~~ ~.. ~~ ~~~"~ a~ ~~ ~~~~ ~~~~ ~~~x• ~~~ ~~~~ ~~~ n ~~~, ~~ g~ ~ ~~ fi~~~~~~~~~~g°~~~R~~ $~$~ ~~~{g~{g~p~p~~ ~ ~~ ~gg~~ ~ a~ 3rd ~ Q~~ ~~ ~~s ~ S ~ ~ ^ ~~~~~"~~~~~~~~e tr ~ ~ ~~~~~~~~~ M°~~ ~ ~ ~~~~~~~ ~~~~ a ~U®~~~op; ~ ~ @ ~ ~ p r r ~ i! i r , . F Y , r I1 ~' }' f~ }4~ rr x' I *~ r r r ~ x ~ r ~ f ~. M ~ • F 1~ • f r, sR ~, r~ ;~ r, x ~ r r 1 r 1 e l~~~ `~ 'Y ~h~ 1 i! t ! ~ ! Y 1 •r ~ •a •r •~ •o ~, ~ fir; +, +l ~ I F 11 i i • ~ f • • t w ! F f ~t° mr fr I - -f. •r. ~r, .p, r 14' sI[E ~LGIaIkG 1E~1 ~9tt ~r 1; ++ En ~ -I E~ i i~~ ~ ,, ~ ~~ r T ~ ~ ~ `~ ~~ ~t '~ f f ~~ ~f I~ r~ ~r ~ ~ 4~ tt ~I ~* ,+ ~~~ ~ . ~ ~ • ~ ~ • ~'~1srnu ~ ~}~ ~~~~ b J ~ ~ • irat ~ ~ ~ +rrti ~ ' f Tf , ~ z ~' ` 13 7 ~ ~ "b ~ 1 ly 4' ~S~ ~ • F' ~~~~ ~ t~Y O N } {! .~ ~~ 'y ~ $ St~ ,ill ~ ~ ~yy ~ e ~ ~ q~ ~ ~i 1:st ~C ,L ~Y# T • ' N ~~~z~~~ ~ ~ ~ ~1 . • t r ~~ ~ ~ ~ _ ~~ ~ ~ i d ~ ~~ ~~~ ~ ~ ~ .., 1, ~ ' - 1 ~ ~ ~~ ~ ~ V ~ n ~ ~ ~ r g a r ~ ~ a~~ ~ ~ ~~~ ~ ~~ ' ~ • ~ + ~ ~ ~ • ~ ~ r ~ ~ ~ lad I~ e1! ~ ~~ F ~ r 4 ~ ~ ~ f~ ~3 v . _-~-__ ~-- ,~ ~~~~.4~ g ~ ~' ~ ^~ • r~ ~' , ,,, ....., ~ ~: "~ ............ .. ~..~..,., . ~......, ... . • ~ .. .e W• • ; I , ` AE Board of Commissioners Meeting 9-3-13 Jan ~5 ~8 ~ ~~1 ~ P ~rk~~ I~npor~s ~1 ~8304~ p,~ Fir. find N~rs. Preston Daniel son, ]~, 12Q8 Farmers iwMarke~ Dr[ve Raleigh, NC X7643 X919) 835'-67?7 Jae ~~5 ~~ver ~~ ~~ o~ ~ ~ve~ent inter ~~.~~, Suite ~ 0 dear ~ia.i B~ar~, ~ernhex: are pr~pe ~~er ~~ 1~0 ~~ aa~ jrn~to~r. a are eottin vu re~ar~~~g t~~ p~op~d mmer~ia~ ~ at 1 ~ ~3urne~t gad. b~ ~`~ ~ a` ara~a. ~ .d ~aeht lu~~ LLB, pr~reha~ed this pr~p~~ in ~ 9~~ ,~, ~~ er~t~on of yen pea~ul at ~ ~eca~on ~n ~ev~ ana~er v~nt~ ~n e ~ture, 'ar, a~no~ i~ a ~~er ~~~n~e ~~ are ta~u~h that fir, ard'~ ropeal ~ u~e~~~~e~ and that he pe~~~s ~n bui~c. t~. pr~~ect. e ~~i.ee~ .~ ~ianni~ ~o~rd ~ his re~ue~t ~~ feast ~~, e are as ~" the e~~st~n~ ~pee~ use perm in h~eh ~' '~x~' ~ at~er had peni~er~ t~ ~~~ ia~ ~ src~s ~~. ~. der. 'mat existed a~.~. ~t ~`'i~ prepoe~ ~ver~d~ apart. Te eur x~~rXed~, nv ~~rere~a~ marina has ewe e~~ted here. ~ rerua~n so~.~r epp~sed to ~ pr~~a~d earnrnereia~ ar~ir~a. fur neigh~a~haod ~ ~~ne~ ~residenti. 'mss ~~~~ coerce prej ect is ~at~1 vu~ ~~' pace and ~napprep~.ate here. fur ne~gh~o~~~od dies ~~~ have the i~a~.ct~re to ~.~~~ the ~lu~e of aet~v~t pr~~ eet a~~d ~~. ~~ prefect ~ al~~re ~o~ ~r~y 1~ # p~rper values e~ e rep ~ ipac~ed, buy a reasan fer ems. pry in ~ nea~~arh~a~ Dili ~k~e d~hed ~ve1~. ~ p~re~ed cur proper ~ r~e~ghbcrhood because rya eo~erc~ actz existed ~ ~anquil and peaces area, ~ co~.ere~~ ~ vu~l destroy air qual~ v~ ~i~e ~ae~~erhavd, as eve env ~t. ~ c~~ere~ r~r~a ~l br increased ato~ah~~e ~~c, r~o~se,l~tter, env~~e~~ hard, gad pose ~ secur~~y r~s ~ the ~a~ue c~pe~~e in t~reu our ~e~ah~rh~od to het to tie a.a. ~ hepe fat this ~1nir~ ~c~d ~~t ~e its ~ec~s~au based ~r~ the dear ~D ~ ~ en ~ per~n~t issued in 1~~~ ~~he~ this a rural conrur~,t~, ~hviously, this c~~nu~t~ ~~ res~den~a.~ ~~~. 'e appo ~ ra~ect s~ran~ly aid ~'ee~ a ward i~ the only person this pr~ect v~i1~ ~ene.~~ ~ncere~~, ~~~~~ ~a a~.d F~~ ~~~n Board of Commissioners Meeting 07/07/2008 9-4-1 1 ST STEVENS TOEING CO. of NORTH CAROLINA MARINE TRANSPORTATION SINCE 1913 401 EAST CHURCH ST. FLOOR 5 OFFICE 252.482.1011 EDENTON, NC 27932 FAX 252.482.101? .lone 4, 2~0~ New l~anover bounty planning hoard ~3~ government +~ent~er Drive, Suite 1 ~o wilmingtcan, N" 2$~~~ Dear New Hanover +~ounty planning hoard. I'e~nbers and ~Citi~ens, 1 an7 writing you today to stag for the record that Stevens bowing company is opposed to the section of the proposal by Carolina beach farina to extend their existin dock b g ~ an additional ~ ft in length and almost ~ ~6 feet in width, And further more we are opposed to any proposed plan for dock or pier extensions in the Carolina beach inlet area that would further constrict the passage way for large commercial vessels and add a azar to navigation. Stevens Towing company is a tug and barge transportation company that has been in operation since l~l 3. w`e have an office in Edenton Noah Carolina and an office in Charleston, South Carolina. Stevens has been operating on this section of North Carolina" s coast now for almost ~ (~~ years and on stretches of the Intracoastal waterway since it was f rst constructed, The Intracoastal waterway by design was intended for safe passage of freight north and south by commercial vessels. fiver the years we have seen an increase in residential development along its banks. r'ith that development has also come more docks and more hazards to navigation, making it tougher and tougher for our captains to safe/ navigate their vessels through. these narrow sections of this waterway. please keep in mind that many of the goods and services we all depend can, as well as military e~uiprnent that our nation depends on, pass quietly by in our barges every day. Every one of our large badges is taking over 1 Flo trunks off the road and thereb reducin y g those potential truck air emissions by over 9o+~°r'o. ~e need tea fight to keep our State's marine highways open and obstruction free. ~Ve need to reduce navigational hazards in narrow critical areas, not increase them,. Board of Commissioners Meeting 07/07/2008 Carolina Beach inlet is notorious to commercial mariners for its shallow shoals that quickly develop and shift around in location des its ~~ on Bred in atten, ts. These p ~ g ~ shoals have recently led. to two tug. companies having incidents very close to this proposed pier extension. developing shoal grounded two to s ri ht in the middle of the channel on separate occasions. The tins both happened to be pushing empty bares at the time, which draw much less water than do the Tu s. The winds and current there at the inlet crossing swung the empty barges around toward the banks of the Intracoastal, destroying two residential docks. ~Qne of those two aforementioned com anise was unfortunately ours. how, just imagine a fuel deck sticking out to the outer edge of porrnissible limits of the channel, running 1 eft lengthwise along side the channel. This scenario could cause mayor problems,. Stevens Towing ~on~pany takes no issue with. the proposal fir a marina facility or dry stack, our issue lies only with the extension of the pier in the critical ath of the inlet i ~ crossing, and its use as a fuel dock, Thank ou, S~rnon Rich general Manager Stevens Towing, Co. STAT>~ ~l~ l~+~RTH ~I~~I~IN ~~[JTY +~F ~I~~Qw {fin June 4, 2001 before me, Simon ~. Lich, III personally appeared,. or proved. to me on the basis of satisfactory evidence to be the person whose Warne is subscribed within the document. Fitness my hand and offs 'al seal. Signature ~~ ~N~ Hwy' Cm~`~1~~C~ ~~a~ie ~~ u, ~~ ~~~ ~orn~n~ss~on Seal. ~ ~ ~"~ ,~. ~~ ~ ~ " ~ ~ r r~ , .. ,~ .~ ~.. ~ ' ~ ~ r ,~ „t_ ~ , ~ ~+ ~ ~ ~ ~ t~ ~ ~ ,~_ r ~, ~ ~ ~ _ ~ ~~ sw ~ ~+~ ~' J « t . ~ , ~,~_ _ ~- Board of Commissioners Meeting ~_ . _ . •~ ~~~~~~2~~g 9-5-2 uN~~~W .~~~~5 M11 ~ b ~ N 4 ".: ~~ ; Q o ~ ;- ~ ~ _~ ,~». ~ ~a.~W ~ ~ ,. ~ ~_~_~"g>_ ~ ....... K VIM}W0. ~ ~~~ ~ h ~ B ~rN sr`x S`x grx 7~~~~ 3 N N ',~. ./ ,` •r', •9. •s. v. ~YYr p. f~qe~ 19a 13ti,4Yy~ A °w ~'' r+ s, 24 !r~ ~4`4 8r r4 9r V JYU ~ x x x x r x~ r x x 7 ~~f; ~ W Z vwi '°. •/. -8. '2, .a 'D, '8. r' 'd. '6. '°. 'r. •r, '9. 0. ~ a ¢ ° ° ~ ri, ri, di4 °; 6, 8i ~ f r, ri rr ri, 8r, °, ~, 8, w R ~O ~ K ~ x x x x x x ~ x~ x x~ x r % a x ~\ I w ~ ~ ~ _ ~ p m ` _ ~r r'~r s'~r. 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NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 7, 2008 REGULAR ITEM: 10 DEPARTMENT: Planning CONTACT(S): Chris O'Keefe SUBJECT: PRESENTER(S): Chris O'Keefe Public Hearing Rezoning Request (Z-884, 06/08) -Request by LS3P Associates for New Hanover County Schools to Rezone Approximately 1.07 Acres at 4404 (partial) and 4348 Holly Shelter Road from I-2 to R-15 in the Community Land Classification (The change would consolidate the zoning pattern by cleaning up remnant parcels left by a prior rezoning.) BRIEF SUMMARY: At its June 5, 2008 meeting, the Planning Board voted 4-0 to recommend approval of the rezoning as submitted, and in addition to this action, the Board voted to support staff's recommendation to rezone the remaining 3 remnant I-2 parcels subject to additional staff efforts to contact the owners of the remnant parcels by certified mail. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval and further suggests that all of the remnant I-2 properties be rezoned from I-2 to R-15 at this time. Action needed: adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning map amendment from I-2 Heavy Industrial to R-15 Residential District is (or is not): 1. Consistent with the purposes and intent of the Community land classification and the associated land use policies adopted in the 2006 land use plan. 2. Reasonable and in the public interest to make the R-15 zoning district consistent and to eliminate the possibility of heavy industrial uses in this area associated with a new Elementary and Middle School project in the northern portion of the county. Above action will result in: New Position(s) Position(s) Modification Or Change No Change in Position(s) ATTACHMENTS: Z-884 Staff Summary Z-884 Adjacent Property Map Z-884 Petition Summary Z-884 Applicant Materials Z-884 Simpson Heirs Letter Board of Commissioners Meeting o~~0~~2oos to-o Z-884 Johnson Letter Z-884 Greer Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: A motion to rezone only two parcels was approved 3-2, Commissioners Greer and Caster voting in opposition. Board of Commissioners Meeting 07/07/2008 10-0 CASE: Z-884, 6/08 PETITIONER: LS3P Associates for New Hanover County Schools REQUEST: From I-2 Industrial District to R-15 Residential District ACREAGE: Approximately 1 Acre LOCATION: 4348 and part of 4404 Holly Shelter Road LAND CLASS: Community PLANNING BOARD ACION: At its June 5, 2008 meeting, the Planning Board voted 4-0 to recommend approval of the rezoning as submitted, and in addition to this action, the board voted to support staff s recommendation to rezone the remaining 3 remnant I-2 parcels subject to additional staff efforts to contact the owners of the remnant parcels by certifed mail. STAFF SUMMARY The subject property is located in the northern portion of the county in an area classified as Community on the 2006 LAMA Land Classification map. The subject properties are west of I-40 on Holly Shelter Road, which is a rural roadway with level of service rated in 2005 as D along this segment, meaning traffic is at high density but has a stable flow. Average daily traffic counts were about 29% less in fall of 2006 than in spring of 2005. In April of 2006, a major rezoning occurred in this area (Z-857). A portion of that property has been purchased by the New Hanover County School system for new elementary and middle schools, soon to be under construction. Prior to that rezoning, the entire area south of the first tier of lots along Holly Shelter Road was zoned I-2. In the process of rezoning, four separate parcels and portion of Shoulder Branch Baptist Church property were left as remnant I-2 zoning while the area around those parcels transitioned fully to R-15. The school system is now purchasing some of that remnant property for the school project. The subject property is located within the Prince Georges Creek watershed drainage area, which is classified as C; Sw. The property is not influenced by flood hazard. The site is a primary or secondary recharge area for the principal aquifers. The school proj ect will be served by public water and sewer. Land Use Plan Considerations: This rezoning petition proposes to unify the school site under one single R-15 zoning district in order to maximize the site potential for school uses. This action would also be consistent with the existing zoning adjacent to Holly Shelter Road. The property is classified as Community by the 2006 LAMA Plan. The purpose of the Community class is to provide for a village type of development to help meet Z-884 (6/08)-cc -OVER- Page 1 of 2 Board of Commissioners Meeting 07/07/2008 10-1-1 housing, shopping, employment and public service needs within the more rural areas of the County. Services may be provided to these areas. These formerly rural areas of the planning jurisdiction are typically characterized by a small grouping of mixed land uses, such as community shopping, strip commercial, church, school and residences, which provide low intensity retail service and housing opportunities. The subject properties are small, isolated remnants of the prior I-2 zoning and are no longer suitable for industrial development. Industrial uses are generally not considered complementary to residential uses. These sites in particular are adjacent to a future county school site. Based on the foregoing analysis, staff recommends approval and further suggests that all of the remnant I-2 properties be rezoned from I-2 to R-15 at this time. Owners of the additional three parcels have been notified a second time that this recommendation is moving forward. Owners have been encouraged to write letters or attend the meeting if they wish to object to the rezoning. Addition of the remaining 3 parcels would bring the total rezoning to approximately 4.4 acres. ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning map amendment from I-2 Heavy Industrial to R-15 Residential District is (or is not): 1. Consistent with the purposes and intent of the Community land classification and the associated land use policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to make the R-15 zoning district consistent and to eliminate the possibility of heavy industrial uses in this area associated with a new Elementary and Middle School project in the northern portion of the county. Z-884 Page 2 of 2 Board of Commissioners Meeting 07/07/2008 10-1-2 Z ' r 1 N w r ~I ti ~ N N, ~ .\, ~ N ,~ N ~~ ~J ~ C7 r ' N~ SS~~a 0 ~ ~ a~-3oHSIW 0 Y J H-N 11S-3~Nd~10 N1~311~Sb~~S~NI~I~ ~ •~ L ~ ~ ~ ~ ~ C p ~ N M~ N c0 h aD Ca O ~ N M~ ~ ~ ~ O O ~ ~ ~ ~ r ~ s C N N li ~ ~ 4 ~ ~ J Q ~ ~~ = Q~ v ~ 1S~WpSSO-l8 0 ~ ~ Ltd M ~ Z ~ ~ ~ m ~ ~ ~ Z ~ ~ g ~ W =~ ~~~0 ~~m0 ~ m ~ Q p~ 0 p~ N 0 (/1 Q O O ~' ~ '~ ~ N a V N ~ ~ O~ COL'LEGE•RD•N N~ Q ~ a? g a v Q~ ?~ p++~"~ ~ ~UNZ~~U?~J=NW W CO LL~6J o Z OZU~20Q0 W W~(Zj~ Q a `~ ~ p~ m Y~ ~ z z~ ~ w 1 ~ ~cc - ~~ o~m~NZaZ°ooo~~~ ~ - o ~, c 0 ~ z s ~ ~*' ~ m w N o~ o p~ 0 p Z Z~~ W Z ~ n0ic~iQ, ~ a ~~~~a~~zQQ~~ Q c7 0 Q 0 ~ ~ ~ ~ w ~ '~~/ ~ 0 d 0> 0 2~~ 0> a N~JQ aa=a=~=ao~~~a = ~ c~~o~~~~~ ~oc~~ z z w Bard of om a ~ 07/07/2008 ~~ Case: Z-884 (6/08) I-2 Industrial to R-15 Residential Approximately 1 acre off Holly Shelter Road Petition Summary Data Owner/Petitioner: LS3P Associates, LLC for New Hanover County Schools Existing Land Use: Vacant Zoning History: July 7, 1972 (Area 8A) Land Classification: Community Water Type: Public Sewer Type: Public Recreation Area: Castle Hayne Park Access & Traffic Volume: Access from Holly Shelter Road, LOS D, ADT 8,538 (11/06) from 12,063 (4/05) for a reduction of about 29% Fire District: Wrightsboro FD Watershed & Water Quality Classification: Prince George Creek (C, SW) Aquifer Recharge Area: Primary or secondary recharge area of principal aquifers Conservation/Historic/Archaeological Resources: None Soils: Le-Leon soil; Mu Murville fine sand Septic Suitability: Class III soils -Severe limitations Schools: Wrightsboro Elementary (this request to be part of new school site) Board of Commissioners Meeting 07/07/2008 10-3-1 r~T' Irk Board of Commissioners Meeting 07/07/2008 10-4-1 ~~1 ~ ~ ~~ ~'ou~ intended use of property upon rezoning is completely ieZe~ant~ except fay conditional use district proposals. `.~`he North Carolina general statutes require that zoning reuiat~ons shall be made in accordance v~ith a comprehensive plan. the governing board is required to adopt statements ~~~~ the change ~~ or is not consistent} reasanahie, and in the public's interest, Since ar~tendments to zoning maps should also he based a~ ~ Land use Plan, you rraust explain ho~u your request satisfies each of the following requirements. ~~ill in ~elaw or attach additional pages}. ~, how v~auld the .requested change be consistent r~ith the bounty's Pviicies for growth and Deveiap~nent? 2. How ~vo~ld the requested zone change b consistent with the p.raperty's classification an the hand I~lassifcation ap:~ 3. That significant neighborhood changes have occurred to made tlae original zoning i~approprlate, ar how is the sand ~nvnived unsuitable foar the uses permitted under the existing zoning? 4. haw will this change ofzaning sere the public interest? In signing this petition, I understand that the existing zoning neap is presumed to be correct and that I have the burden. of proving why a change is in the public interest. ~ further understand the singling out of one parcel of land for speeia~ zoning treatment ~rareiated to I~ounty policies and the surrounding neighborhood would probably be illegal. I certify that this application is compiete and that ali information presented in this application is accurate to the best of my l~nowledge, information, and belief. R ~, Signature of Pe itioner ~ndlar Prop ~w~er Pant arse Page ~ of ~ ~M1~- ~ ~ X07 Board of Commissioners Meeting 07/07/2008 10-4-2 ~. ~'he e~rrent p~roel is a remaining example of "spat zoning" left over frar~ previous rezening efforts. ~ezaning the parcel ail! ocean up the pa~cei~ raking a oontiguaus zoning area, ~hioh i a goal of aunty Planning. ~. '"The purpose o~ the ~n~n~unit class i t~ erode for a ~~~ hype of development to help meet ho~in, shvppin~, en~~lornent and puhl~e ser~.ce needs .thin the more rural areas 0~ the e~.nt~.,r The re~onin euld be consistent .th the on~naunit~ lasxeatlon, eneourain low density devela~n~ent that reflects the aals ~~the district better than. the current ~ndtrlal ~on~n. . This for~nerl~r rural area is devele~~~ qu~c~l~. Industrial uses adjacent to Io~- densit residential are not desireable and shod be discouraged. ~. hanin to -x coning mill reatl enhar~ee tho qua~it~ ~~ the area h~ elin~~natin industrial uses and encouraging lever density roth that pan seae 1 the urro~n: ~ area, Board of Commissioners Meeting 07/07/2008 10-4-3 ~ ~ ~~ ~~ ~~ a ~. _~ r~ a ~, W New Hanover County Planning Department Chris O'Keefe Planning Director June 12, 2008 Nick Simpson Heirs Cypress Grove Drive, Apartment 20B Wilmington, NC 28401 RE: 4306 Holly Shelter Road PID # ROl 114-005-003-000 Rezone from I-2 industrial to R-15 residential district Dear Property Owner: County Annex Building 230 Government Center Drive, Suite 150 Wilmington, NC 28403 P 910.798.7165 F 910.798.7053 As a follow-up to my letter dated May 12, 2008, this will inform you that on June 5, 2008 the Planning Board heard a staff recommendation to rezoning your property, which is a remnant I-2 parcel near the site of new elementary and middle schools being built by the County off Holly Shelter Road. The board supported the staff's recommendation, and the action now moves forward to the County Commissioners for final determination. A rezoning request by the New Hanover County School System to rezone two of five remnant I-2 properties (Z-884) will be heard before the New Hanover County Commissioners at their July 7, 2008 meeting. The staff's recommendation will be heard as part of that action. The hearing will be after 6:15 p.m. in room 301 at the Old County Courthouse on the corner of Third and Princess Street in Wilmington. Again, we wish to provide you with notice that the Planning Department staff feels ,your property at the above address is no longer viable or appropriate as an industrial site and will be recommending that it be rezoned to R-15 residential district during the rezoning arocess currently under If you have objections to this proposed zoning change, I encourage you to either write a letter to express your objection or plan to attend the July 7, 2008 meeting to state your objection to the county commissioners during the hearing. No response will be taken as an indication of your agreement with the proposed change. If you have any questions or comments, please feel free to call me at 910-798-7440 or write to me at the address on this letterhead. Sincerely Jane Daughtridge, AICP Senior Planner Board of Commissioners Meeting 07/07/2008 10-5-1 ~ ~ ~~ ~~ ~~ a ~. _~ r~ a ~, W New Hanover County Planning Department Chris O'Keefe Planning Director June 12, 2008 Lorraine Johnson 123 Highland Parkway W Roselle, NJ 07203 RE: 4316 Holly Shelter Road PID # ROl 114-005-029-000 Rezone from I-2 industrial to R-15 residential district Dear Property Owner: County Annex Building 230 Government Center Drive, Suite 150 Wilmington, NC 28403 P 910.798.7165 F 910.798.7053 As a follow-up to my letter dated May 12, 2008, this will inform you that on June 5, 2008 the Planning Board heard a staff recommendation to rezoning your property, which is a remnant I-2 parcel near the site of new elementary and middle schools being built by the County off Holly Shelter Road. The board supported the staff's recommendation, and the action now moves forward to the County Commissioners for final determination. A rezoning request by the New Hanover County School System to rezone two of five remnant I-2 properties (Z-884) will be heard before the New Hanover County Commissioners at their July 7, 2008 meeting. The staff's recommendation will be heard as part of that action. The hearing will be after 6:15 p.m. in room 301 at the Old County Courthouse on the corner of Third and Princess Street in Wilmington. Again, we wish to provide you with notice that the Planning Department staff feels ,your property at the above address is no longer viable or appropriate as an industrial site and will be recommending that it be rezoned to R-15 residential district during the rezoning arocess currently under If you have objections to this proposed zoning change, I encourage you to either write a letter to express your objection or plan to attend the July 7, 2008 meeting to state your objection to the county commissioners during the hearing. No response will be taken as an indication of your agreement with the proposed change. If you have any questions or comments, please feel free to call me at 910-798-7440 or write to me at the address on this letterhead. Sincerely Jane Daughtridge, AICP Senior Planner Board of Commissioners Meeting 07/07/2008 10-6-1 ~ ~ ~~ ~~ ~~ a ~. _~ r~ a ~, W New Hanover County Planning Department Chris O'Keefe Planning Director June 12, 2008 David Greer Construction 13 3 3 Heron Run Drive Wilmington, NC 28403 RE: 4330 Holly Shelter Road PID # R01114-005-029-001 (1.45 ac.) Rezone from I-2 industrial to R-15 residential district Dear Mr. Greer: County Annex Building 230 Government Center Drive, Suite 150 Wilmington, NC 28403 P 910.798.7165 F 910.798.7053 As a follow-up to my letter dated May 12, 2008, this will inform you that on June 5, 2008 the Planning Board heard a staff recommendation to rezoning your property, which is a remnant I-2 parcel near the site of new elementary and middle schools being built by the County off Holly Shelter Road. The board supported the staff's recommendation, and the action now moves forward to the County Commissioners for final determination. A rezoning request by the New Hanover County School System to rezone two of five remnant I-2 properties (Z-884) will be heard before the New Hanover County Commissioners at their July 7, 2008 meeting. The staff's recommendation will be heard as part of that action. The hearing will be after 6:15 p.m. in room 301 at the Old County Courthouse on the corner of Third and Princess Street in Wilmington. Again, we wish to provide you with notice that the Planning Department staff feels ,your property at the above address is no longer viable or appropriate as an industrial site and will be recommending that it be rezoned to R-15 residential district during the rezoning arocess currently under If you have objections to this proposed zoning change, I encourage you to either write a letter to express your objection or plan to attend the July 7, 2008 meeting to state your objection to the county commissioners during the hearing. No response will be taken as an indication of your agreement with the proposed change. If you have any questions or comments, please feel free to call me at 910-798-7440 or write to me at the address on this letterhead. Sincerely Jane Daughtridge, AICP Senior Planner Board of Commissioners Meeting 07/07/2008 10-7-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 7, 2008 REGULAR ITEM: 11 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe CONTACT(S): Chris O'Keefe SUBJECT: Public Hearing Special Use Permit (5-581-06/08) -Request by Elliott Place HOA fora 10-Slip Community Boating Facility Located off River Road at 6510 River Vista Drive on Common Area in the R-15 Residential Zoning District and the Conservation Land Classification BRIEF SUMMARY: At its June 5, 2008 meeting, the Planning Board voted 4-0 to recommend approval of the permit with added conditions as follows: 1. No overhead lighting allowed on the docks. 2. All outstanding violations must be remedied within 6 months of approval or the permit will be revoked. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with Planning Board action. Choose one: 1. Motion to Grant the special use permit based on the findings of fact (with or without recommended conditions). 2. Motion to table the item in order to receive additional information or documentation (specify). 3.Motion to Deny based on specific negative findings in any of the four categories (on the attached staff summary), such as lack of consistency with adopted plans or determination that the project will pose public hazards, will not adequately meet requirements of the ordinance, or will be out of character with surrounding area. Above action will result in: New Position(s) Position(s) Modification Or Change No Change in Position(s) ATTACHMENTS: Elliott Place Staff Summary Elliott Place Petition Summary 5-581 Application 5-581 Applicant materials 5-581 Location Map 5-581 Site Plan COUNTY MANAGER'S COMMENTS AND RE~(~~~ r~o-nl-~ ~nager) 11-0 COMMISSIONERS' ACTIONS: Approved with two added conditions recommended by the Planning Board 5-0. Board of Commissioners Meeting 07/07/2008 11-0 SPECIAL USE PERMIT 5-581, 6/08 10-slip Community Boating Facility Request By: Elliott Place HOA Location: 6510 River Vista Dr., off River Road Acres: Approximately 0.3 acres (island high ground) HISTORY: A dock with boat slips is already in place. The original developer received a CAMA permit for 2 slips (not requiring a special use permit) and later, the development added 8 slips. The need for special use permit was not caught and the CAMA permit was issued. Recently, it came to light that local permits had not been acquired. The HOA is now sorting through several code violations relating to additions of improvements without permits. A special use permit would remedy the first deficiency. PLANNING BOARD ACTION: At its June 5, 2008 meeting, the Planning Board voted 4-0 to recommend approval of the permit with added conditions as follows: 1. No overhead lighting allowed on the docks. 2. All outstanding violations must be remedied within 6 months of approval or the permit will be revoked. Preliminary Staff Findings 1. The board must find that the modified use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subject property is accessed via River Vista Dr. off River Road, which is identified as an urban arterial road on the 2030 Long Range Transportation Plan with Level of Service C. B. The landward portion of the project is a small island of common area, accessed by a pedestrian easement into the subdivision. C. The docks are not served by water or sewer at this time. D. Fire service will be provided by the Myrtle Grove Fire Department E. Stormwater is not applicable to the docks. F. Water depths have not been verified by survey at the time of application. G. The CAMA permit indicates that the project is located in a primary nursery area. 2. The Board must find that the modified use meets all required conditions and specifications of the zoning ordinance. A. The project is located within the Cape Fear River. B. The community has a deeded access easement through the county's marshland property to the River (DB 2686, P 746) C. Community boating facilities are allowed in R-15 zoning districts with a special use permit under certain conditions. D. The facility will serve a 1 o-lot subdivision called Elliott Place, with one slip deeded to each lot, consistent with Sec. 72-37 of the zoning ordinance. 5-581, 6/08 7/8/2008 Board of Commissioners Meeting 07/07/2008 11-1-1 E. A total of 10 boat slips will serve the exclusive use and enjoyment of property owners in Elliott Place subdivision, in accordance with the definition of community boating facility included in the 2006 LAMA Land Use Plan. The HOA Declarations dated January 6, 2005 specify that slips are for lot owners of the Elliott Place subdivision. F. A LAMA permit# 170-04 for a total of 10 slips was issued from the Division of Coastal Management on April 29, 2005. G. Off street parking will be accommodated at home sites in the subdivision. Access to the dock is not vehicular. H. A 10-foot pedestrian easement is provided and conferred to each owner for access to the community boating facility. I. No commercial activities are proposed or allowed for the facility. 3. The Board must find that the modified use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been presented at this time that the proposed use will injure the value of adjoining or abutting property values. B. Other private docks and community boating facilities are located along the Cape Fear River. C. The community's deed restrictions disallow individual docks and piers. 4. The Board must find that the location and character of the modified use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The New Hanover County Comprehensive Plan classifies this location Conservation B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust waters. C. Surrounding land uses include a public park, single-family housing and multi-family housing. Staff Comments: Staff concurs with Planning Board action. ACTION NEEDED: (Choose one) 1. Motion to Grant the special use permit based on the findings of fact (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific negative findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards, will not adequately meet requirements of the ordinance, or will be out of character with surrounding area. 5-581, 6/08 7/8/2008 2 Board of Commissioners Meeting 07/07/2008 11-1-2 Case: 5-581, 6/OS Community Boating Facility for 10 Slips Petition Summary Data Owner/Petitioner: Elliott Place HOA Existing Land Use: Community boating facility Zoning History April 7, 1971 (Area 4) Land Classification: Conservation Water Type: non-potable well Sewer T~ none Recreation Area: River Road Park Access & Traffic Volume: River Vista Dr. (local street) to River Road (Urban Arterial) Traffic LOS on River Rd.. is C, meaning traffic is within a stable range of delay. ADT approximately 8,715 (10/06) compared to 8,883 (4/05) about 1 % reduction Fire District: Myrtle Grove FD Watershed & Water Quality Classification: Lords Creek, C; Sw Aquifer Rechar e Area: Shallow water table sand aquifer and underlying artesian aquifer containing fresh water over salty water Conservation/Historic/Archaeological Resources: Special Hazard Flood Zone (VE}; Primary Nursery Area; brackish marsh Soils: Tidal Marsh (TM) Septic Suitability: Class IV Unsuitable (TM) Schools: Bellamy Elementary Board of Commissioners Meeting 07/07/2008 11-2-1 Zoning Ordinance -General Requirements 1. "that the use will not materially damage the public health or safety if located where proposed and developed according to the plan as submitted and approved." We believe this question has been substantially resolved in the process of obtaining the CAMA permits. There are no deviations fi^om standard dock building practice that would render these docks a danger to public health and safety. 2. "that the use meets all required conditions and specifications" ofthe Zoning Ordinance. Listed under section 72-3 7: Community Boating Facility are 5 conditions to be met: a. It can be demonstrated that the proj ect will have minimal impacts on water quality, primary nursery areas, shellfish grounds and conservation resources. Again, these are issues addressed by the CA1l~A permit process. b. Off street parking will be provided at a ratio of one space per boat slip. All 10 lots are required to have "not less than three "parking places each. Of the 6 homes built thus far all have more than this. In addition, there is space for golf carts at the beginning of the walkway. c. The number of slips may not exceed the number of residential lots or dwelling units within the associated development. There are 10 lots and 10 slips d. The right to the use of the facility must be conferred by an easement appurtenant to the residential project it is intended to serve. Easements are shown on the survey of Lot 5. e. Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies and food stuffs, shall be strictly prohibited. Board of Commissioners Meeting 07/07/2008 11-3-1 These activities are prohibited in the Rules and Regulations of the Dock Owners Association. 3. "that the use will not substantially injure the value of adjoining property or that the use is a public necessity." The use is consistent with other nearby developments on the river in that they provide similar facilities. In addition, the Rules and Regulations of the Dock Owners Association prohibit any noxious or undesirable activities. 4. "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." The use is clearly well within the guidelines for development of the area put forth by New Hanover County and in harmony with the other existing development. Board of Commissioners Meeting 07/07/2008 11-3-2 C' Board of Commissioners Meeting 07/07/2008 11-4-1 f 6 .W ... . ~~< C ~I~ . ,~~p~~ca~i~r for special use ~eri~s {ether they foz si~g~e fairy ~e~~~n ~ an individ~ua~ fiats are firs ~efeed t ~ ~ ~ the Ne~v Hanover ou~ty ~1arn Board for reca~nmenda~~o~, to the our amt.~~oner~. The ornn~ssio~e ~la~Ce f1na~ act~an on ~~ ~ermit appilcat~o~ 1n ~ ~u~lw~udicia~ p~.b.lic hewn . or~p~ete pe~~~~ons aid alb ~.pp~er~e~tary inforn~a~~on ~s~ he acce fed ~ the P~a~.in ~e ale wnr~~~ days before the ~~ar,g hoard n~eetg~ to a~~ow adeiluate tine for p~oce~ing aid ad~ver~~~eme~t ~ required b~ thy: N'oh Caro~~a euera~. t~.~e~ ~. ~ ~ . Pian~g hoard ~neet~ags aye held ~n the, fiat T~aurda~ of each month ~~ ;~~P~ in e ozni~i oner s ~.~~en~~~y .oom at.th ~~ oun~~ ~~r~h~~~e, at Tar and P~nce~ ~~'etS, ihni~g~p~., l~ah ~ar~lina..... App~~cations fox singe-family d~re~~ing~, in~iud~ag n~obiie homey on individual ~~~ n~us~ ~e ~cce . ~ .. ~ted by ~~~ Flanr~n ~epar~.ent ~v~en ~~~} ~ror.ng da~rs ~efoxe the regulari~r sched~.led a~arnissioners meeting.. ~ iications A~ for gee-fa~ni~~ de~~xngs on individual lots d~ gat requ~e pia~n hoard revs. ' ~ h~~ '~ar~ ~u~t stab~ish Fair .~ ,~uthori ~a grand , Special ~Jse Permit is contai~.ed in the honing Ord~ance# pursuant to ec~ion'~l. The ~onin~ ~rdiuance imposes the fo~loing General Requ~xe.en~s on the use requested ~y the applicant. finder each re uirernen~, the ~. applicant should explain, v~ith reference to attached plans, ~rhere applicala~c, hoer the p~raposed use saxises these requirements: Attach additional pages ' necesary~ enera~ ~e~u~~ement #t . ~' ~ The Board mist end ~~th~t the use gill not materially en~dangcr the ~ uhlic health or safe if located ~ ~ ~ h xe proposed and developed according to the plan as submitted and approved," ~ :~ general e~~~eme~t #~ The Board must fi~ "that the use meets a~i re aired conditions and ~ ecif~catio.~s" ~ p of the ~on~ng ~rd~nance , Board of (~~~~r~rs Meeting 07/07/2008 11-4-2 ~L~' ~11~~ s 3 energy equiren~e~t ~'he B~a~d must fin "that the use ~vi~l nod substant~a~~~ ~~~ju~e the glue of a~~o~n~~ a~ a~utt~~. ~aper~~ ~~ that the ~~se ~~ ~ p~l~e ~ces~~~r.~~ general e~u~remen~t ~4 'the ~aa~ must hnd "ghat the location aid c~.a~ae~er o~ the use zf de~e~oped ~.ccordt~~ ~o the plan a~ u~nv.~~e~ and a ~a~ed Z ~~ v~~~1 be ~ ha~.x~on~r ~~~~. the aria ~ wli~c~Z ~t is to be located aid i~ ge~.era~ c~n~or.t~ w~~ the plan o~ ~e~elo ment ~"ar eur ~} .p Hanover ount~. '~~~ ~niu ~rdluanee ~n so~ae instances alsa ~m~ases addltlanal spec~l~ic requlremeuts ou the use re nested by the a~pllc~nt, The appr~cant should be prepared to demonstrate that the proposed use wau~d cam ~~ with ea.cb specific re~aXr~ent found In section ~'~~ addltlonl restrlctians imposed on eerta~n spec~~l uses {~s a //cable . ~~ ~ e~he should also deman~st~ate that the land would lie used ~~ a ~u~nne~r cons~steut with the plans a.~d ollc~es of New anaver aunt, The l~aard of amm~sianers ma.~ ~n~poe add~tioual caudYt~aus and restr~ct~ans that tie Y deem apprapr~~te prior to the ~ssu~n a~ the pec~al use f`exmit. ~ cert~ that t~,is app'c~tlan i caaaplete and tlxat all of the ~nfarmat~an ~~resented ~ this appl~catio~ ~s a.ccurate to the hest v~ Amy hnow~edge, informat~an, and bi~ef. Board of Com~is s ones Meeting 07/07/2008 Up ~ ~ J~7 11-4-3 Print N~ e ~an~n ~rdi~ance - ~e~eral ~e~~ire~nts ~ . "that ~ use will nat .aterially dan~.a.e the public health ox safety if located where proposed and developed according to the plan ~ submitted and approved." Ike believe this q~~estion has been substantia~~}~ reso~~e in the ~a~ocess o~ f obta~nin the ~, permits, ~he~e are no deviations f nom s~anda~a~ dock bni~dinpractice that ~vo~~d render these does a dander to ~ab~ic heath and saf et~~ ~. "that the use meets all required cond~t~ons and speci~catlons" of the on~ng , ~ ~nance. Listed under section 7~~37. ornmunity boating ~aciiity are conditions to be ~n.et: a. ~t can be demonstrated that the project will have minimal impacts an water duality, pxinaary nursery areas, shellfish grounds and conservation resource. ~ai~t, these are issues addressed by the ~~4 permit process. b, off street paring will be provided at a rata of one space per boat sl1p. ~~~ 1~ dots are required to hav~,"nod less than ~~re'~ par~~in~p~aces each. Of the ~ homes b~~i~t thns far a~~ have more than this, ~n addition, there is space for c karts at the bei~nin of the ~va~~~va~y, c, ~`he l~unaber of slips lay got exceed the number of rsidentiai lots ~r dwelling units within. the associated de~re~op~x~ent. Where are 10 dots and ~ 0 sips d. the right ~~ the use of the ~aoility must be conferred by an easement appurtenant to the residea~tial project it is intended to serve. Easerrtents are shown on the survey of Lot S. e, on~mercial activities, including but not limited to the Sala of gasoline, oii~ r~ar~ne suppi~es and food stuffs, shall be strictly prohibited. Board of Commissioners Meeting 07/07/2008 11-4-4 ~'~es~ a~~~~i~i~s a~e~pr~o~~~~~~ in ~~e des ar~d ~~~~a~ior~~ of ~]~~ ~oc~ ~w~~r~s ,~ssacia~io~. . "tl~~t the ~e mill not ~b~tant~ally Injure the gale o~adjolning property or that the ~~e Is a pu~~ic ~.ecesity," ~'~ ~rs~ is ansis~n~ with a~~~r ea~~~ dve~o~a~e~ts opt ~h ~iuer in ~h~~ ~he~ ~ouic~e sii~ar aci~i~~s, .~~ ~d~i~~an, the ~~c~es a~ ~eu~~~~o~rs o ~~ hoc ~~~~s ~4ssoc~a~~o~ ~~oi~i~ ~~y ~o,x~a~ts ar ~~a~esi~a~~~ c~i~i~i~s, 4. "that the l~aatlan and. cl~raater o~'the ~e ~i~ de~el~ped ccardln to the plan a ~ub~m~tted and appr~v~d xl~ be In harmony with th.e area in which ~t ~ to be located and ~n general confor~r~~ty with the plan o~ de~~lap~nent far New ano~er o~nty," ~e ~ts~ ~s ~~a~~~y ~e~~ ~vi~~~~ ~ uic~~in~s~a~ c~~~~o~~~ o~ the area ~~~~ o~~~ ~y .~ .ano~e~ o~~t~ a~c~ in ha~~na~~ wi~~ ~~e a~~er exis~~~ a~~~e~o~e~~. Board of Commissioners Meeting 07/07/2008 11-4-5 ~r~at~ve of ~ro~osed ~s~ This application for a special ~Jse Permit for docks end baat slips at l~lliot Place on the gape bear River is submitted by tl~e l~lliat Place dock ~ners association ~ ll~ot Place dome ~~vners Association, a development consisting of ~~ dots rid the adjoining cor~motl areas as shorn on tl~e enclosed plans a~~d d~'a~vings, The slips are for the use of the hameoners al~d the~'e is no co~r~rrirdial ~~e of ~~y kind. Please Hate that the need for Special Case Perr~~t vas unkno~vn to tl~e ~~vners Association until it carne to light ~vl~en an electrical permit was req~~ested in order to have po~ver bro~~ght to the lacks. Merr~bers v~ere led to believe by the develape~i and the real estate agents that the existing docks ~rere fu~~y pcrrrxitted. ~Ve ~vere provided ~vith copies ofthe A.MA pcrr~it and believed that vas all that vas required. having discovered that a special use permit and a ~~~~ld~ng Perrr~it are required eve arc /loping to ~vark our ~vay through this process and ~vould be mast appreciative of any assistance you rr~ay be able to p~•avide. ~ are submitting copies of all relevant paper ark i~~ our possession, hoping that this ~vill be sufficient. if anything else should be req~~ired eve ~vill ~rtterr~pt to provide it. N aces; There are ~~a proposed structures other than those on the plan, Parking is available at the residences ~vith aditianal paving for golf carts near the Walkway to the docks. Where a~•e no proposed signs. Please contact u v~ith any questions or sc~gestio~~s you may have, Michael saliva ~l~oa~'d rne~r~ber} 13~iyan ball ~IAI~J~A president ~~~ diver ~ ista ~o~~th ~ ~ ~ivez' vista Drive Wilmington, l~ ilmingtan, l~ 28412 2541? 452-5047 dome 297- ~ ~4S del I 95~70~~ dome X20-8520 Cell c..Y~~~ ~ ~~ ~~s(f ~'~..~~I'.Ct)11~ ~?l~t~l f pct ~S~A ~~~~~.~~~~~~~ Board of Commissioners Meeting 07/07/2008 11-4-6 "~~~~ 1''ti'1Vti":psi,.ti`:~;~`ti'~`~^.1'1~«~tix~~V'4`'S4'ti•~*~.~41~'S5ti"Ltit4d~~ti~l,a..~~uti;,~+,!~4~~''SSL~~~-;'i*iti'V~`}ti•~~°~~~ti:'~"~titi~iV4i'~4*;t~'tirtiti~~ti'4•st"1Y~^:'ti~v'h''~~tih~,`'{',4'ti^v`';'i°~-'ti~^.15rti°:*!•~i1.~ti'.''VS`:'.'ti1^:~ti~ti~~^~^:w~~~titi't~•,•ti•~~i^.ti-4~`i•~~~4~ti~~y''~:a:tin'~r~ti•:*`"~;,;~w^'~i"~':,~l.ti~~ '~~~~,~~ ;~ ~e~~t Class ~, P er~n~t un~b er t ~ ~~ res hermit rv~~-an~} 17a~~ TAT ~' ~T ~~~I ~~ ~~ ,. Depaa~rncnt af~n~~ron~.ent and natural esourc~s and Coastal Resources Commission r for Major De~eloprr~nt ~n an area Qf n~xronn~ental Concern pursuant to ~ ~ ~ A-1 ~ S ,~,. Exca~atlon a~adlor ~~xr~~ pursu~.~t to NC ~3- issued to ~~~o ~~ac ~~A c!o a~ Je~u ~ ~o ~5'~~~ '"i~min ~~~ ~ X8408 uthori~ing development a~ dew ~ano~rer County at ad' . to the a e dear liver alan R~~rer ~lsta Drive ~ requested xn the perrnittee's app~icatlon dated ~I~1~4 ^ ~ and I~ ~1~4 ~ z ttac e ward fan drawn I dated 5~~4l~4. - This permit, issued ~n December ~ a~~ , is sub~eci to compliance with the app~xcation where cnnis~ent with t%e permit}, alb app~icabie r~gu~a~ans, special conditions and notes set forth beiav~. Any ~inlati~n of these terns nay be subject to fines, imprisonment or c~~il action; ar mad cause the permit to be nu~i and void, o~~~Y bier ~} This ern~i~ authorises ~~.~ the doc~CS, piers, and osier structures and uses vacated ~~ or aver lac water fat are expressly a~,d spec~~~caly set forth in the perna~t application. ~o other structure, whether ~.oating or stationary, may became a perxnanent part ofthis dock.g ~acllity waithaut permit n~odi~catia, ~o non~water dependent uses o structures may be conducted onlin or over pubic tr«st waters wJ, y~jrf ut p~rin~t ~AAa ~~F,4~~+FtJLYn4 } The autharied praj ect is located within a pr~n~ary nursery area ~~~.~, Therefore, in accordance with T ~ ~,~; ~'7~.0~08 of the ~u~es of the Coastal Resources Con~missxon~, no new dred~in or excavation within the l~N~ shall ~e pern~~tted, Dred~in ~ any manner, incxudin '~kicing" with boat ro ellers • ~ .. ~ ~ ~s not author~~ed. This ~proh~b~t~on shall be applied. and enforced throughout the entire existence o~'the p ern~~tted structure. fee aac~e~ s~eefs ~nr .~d~itia~a~ ~ondi~i~~.s~ This pernai~t action mad ~~ appealed ~~ ~ pernuttee or other ~ualx~~ed persons within t~ve~ty ~~0} days of tae issuing date. An appeal requires resolution prior to work ir~.tiation or cont~,uance as the case nay be~ This pezrnit must be acccss~ble on-site tv Department personnel when the project is inspected for compliance. any maintenance work or project ~nadi~ca~ion rat covered hereunder requixes further Division approval. All work must cease when the permit expires on signed by the authority of the Secretary of D~~I az~d the Chairman of the oa~esource~,on~nissxan, ~~ ~~ . ~~ne, D~reC~~r ivisxon of Cvastai Management This permit and its conditions are hereby accepted. ~. ece der ~ ~ ~~. - r+ ~n zssuing this permit, the State of or aroli~a ~ ees ~ ~.ture o~ ~ern~ittee thaf your proj ect is consistent with the North a~~~~ issioners Meeting Management Program. 7/2008 úÍÛÊØ ÍÖ ùÍÏÏÓÉÉÓÍÎ×ÊÉ ï××ÈÓÎÕ ????????????????? ??????????????? :.`d•i1'~ti~.~+:•,.4-ti•tiA~~n~i-~`~:~•;'•:•ti`ti1•~.;'*+w•t:-:,t.{.,~tia~:.ti,~.h~,r'ti~h~1ti'~~4'~r,~'~~i*:w"tiyt~:'~?{~~'S~4`'i'1+~ti:-~'~~hti}{'t`'~'"S.~k;^."•{..:~~~~+{~',~tii~~i +~.u,~ti~!~ti•1`~~hh+~{~:•ti•'rt`:'i•: h4,tii~:'~~":~'~'w'-:~sr~`,{rt4~~`..titi.a'ti5'i~w~~'"h,~•s~.~n~{'ti'ti'^~:~"`;k~h~,;`~?ti1•Ctiti,ytiti`ti~4~k~~ ; ~ !4 ~} ;_~ ~~~xott ~~c~~ ~~~ e~~~t ~ ~0~~4 ~a .a~ essp ~a ~ 3 0~ ~{ ~~ ~ t. .4 .~ ~' ~i ~' a~4 yt ,~, ~. .~ t 1 ~} 'This permt~ does got au~ho~,~e the eca~a~~~~. or f ~~~n ~~ ~. o e~ mater ea e~ea~ teen ~~~ , '~ ~ ~ ~ ~• ~ } ~~1 cor~s~rue~~o~ s~~~ eoply ~~~ the Bux~d~r~ bode aid a~~ other ~`edera. tie ~~ ~ ~ , ar~d noel regulat~or~s, ~r~c~~.dg the ~ooa~ flood da.~,g p~e~e~1~~o~ ord~na~aee as ~e sired h the a~io~a~ ~`~ood ~. ~ Y .= h~sura~ce ~rorat~. :~ 4 ~' '•~ ~ ~~~~~ ~h1s ~err~~~ does not e~~~ni~a~e the reed to ~b~a1n a~. ddx~ional s~a~e federal or ~oc~1 er~~s ~ ~ ~ ~ ~; ~, ~p~pro~as or a~hor~~a~~os ghat .a be re~uxred. .~ ~ ~} ~'h~ acti~r~t~es i~~ b ~ co~rdueted ~.~ such a ~a~er as ~o re~ve.t a ~ ' ~oa~t inere~.se ~~ t~.rb ` , ~ ~ ~d~t~ outside the area of con~t.otio or oonstct~o~. rela.~ed •dischare. h~erease~ ire turh~dlt of~S ~'T"~'s or less ~.re ~.o~ considered ~~ni~ican~. e~ra~ ~ ~} ~ x~.i~.~ this ~er~t, the State of ~or~h axo~~~a audlo~ ~~ae ~edera~ o~eraent does not assume ~7ab~~it~r for: a.} ~]r~ae to the ~ormiod. ~ro~ec~ or uses thereof as a r~su~t of other e~r~ted or ~ u~~ eraxt~ed t ~. ~~. ~F ,IY• tt, ~ }.. a- /~a~ J1/~r~' +M,Ai i~Y' J}.. f~ /1 A• ~Y~i T ~~~ Y V ~ M4 ~++F ~RFM~ Y~~Y ~~ f •~ ~.~ J /~![ ~~,/}rA 1fTJ/~1 rA l~~! 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This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 7, 2008 REGULAR ITEM: 12 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe CONTACT(S): Chris O'Keefe SUBJECT: Public Hearing Rezoning Request (Z-886, 06/08) -Request by Withers & Ravenel for Crowatan Partners, LLC to Rezone 84.89 Acres (landlocked) off Crowatan Road Between Castle Hayne Road and Blue Clay Road North of I-140 from R-20 to I-1 in the Aquifer Resource Protection Land Classification (The change would transition the land's development potential from low density residential uses of 1.9 units per acre to a variety of light industrial or heavy commercial uses.) BRIEF SUMMARY: At its June 5, 2008 meeting, the Planning Board voted 4-0 to recommend approval of the rezoning. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval. Action needed: adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning map amendment of approximately 85 acres from R-20 Residential District to I-1 Light Industrial District is (or is not): 1. Consistent with the purposes and intent of the Resource Protection land classification and the associated land use policies adopted in the 2006 land use plan. 2. Reasonable and in the public interest to make the I-1 district consistent in this area adjacent to existing I-1 Industrial zoning and with access to rail service in the northern portion of the county. Above action will result in: New Position(s) Position(s) Modification Or Change No Change in Position(s) ATTACHMENTS: Z-886 Adjacent Property Map Z-886 Staff Summary Z-886 Petition Summary Z-886 Applicant Materials COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting 07/07/2008 12-0 COMMISSIONERS' ACTIONS: Approved 4-1, Commissioner Pritchett voting in opposition. Board of Commissioners Meeting 07/07/2008 12-0 ~~ ~~P Q~ N o ~~~~ ~ ~. ~ ~>8 i 0 N f`7 J J 0 a2i~a131~2131S3H~ rn r 1 42i~Nd1tIM02J~ ~lb'~~~d ~, ~o O N ~_ (~ CO ~ ~ °° ~ o ~ N M ~ 1f1 tD f~ CD C1 ~ ~ O C N N IL ~ w ~ ~ U_ N L J ~ ~ Z z~m ~ ~ ~ ~ 0 0 ~ U U ~ J J J J ~u! ul O Q ~+ L L W ~,~^,~^'~^ W W Z Z Z Y ~ ~ ~ Q 0 V V V aa 000 ~~3~ - ~ Qu~Q oa U a t0 ~=~R ~~ z ~s ~ ~w~LLLLoZOZz aa~~~oaoaa o ~~ ~ Qom OO N~•Q3 ~' ~ O ~YYY~Y~aa a ~NCAW J~~00 SASSANQUA~RD N ~~a~ =~~~m~mUU Bo rd of mmissio rs ee i g O o~ro~l2o s N CASE: Z-886, 6/08 PETITIONER: REQUEST: ACREAGE: LOCATION: LAND CLASS: Withers & Ravenel for Crowatan Partners, LLC From R-20 Residential District to I-1 Light Industrial District Approximately 85 Acres PID R02500-002-029-000 (landlocked) Between Blue Clay Road and Castle Hayne Rd. north of I- 140 Aquifer Resource Protection PLANNING BOARD ACTION: At its June 5, 2008 meeting, the Planning Board voted 4-0 to recommend approval of the rezoning. STAFF SUMMARY The subject property is located in the northern portion of the county in an area classified as Aquifer Resource Protection on the 2006 LAMA Land Classification map. The property is north of I-140 and is a landlocked parcel with no road frontage. The property currently has split zoning with the northern portion of the parcel already zoned I-1 Industrial and the southern portion zoned R-20 low density residential. The subject portion of the property is bounded to the south by I-140. To the west, property is zoned R-20 and to the east, across the rail line, is zoned I-2 heavy industrial. All surrounding land is currently vacant. The subject property is located within the Prince Georges Creek watershed drainage area, which is classified as C; Sw. The property is not influenced by flood hazard. The site is a primary or secondary recharge area for the principal aquifers. The parcel is almost entirely classified as pocosin and an area in the center of the parcel has Class IV, Pamlico muck, placing the property in the Conservation Overlay District (COD). The area is not served by public water or sewer. Land Use Plan Considerations: This rezoning petition proposes to transition low density residential property to a light industrial zoning classification. I-1 also allows for many of the commercial uses allowed in B-2 Highway Business, but the remote location of the property makes it less attractive for commercial purposes. The parcel is landlocked, having no right-of way dedications connecting it to either Crowatan Road nor Chesterfield Road. However, there is evidence of accesses from both of those streets into the subject property, and the parcel just north of the subject parcel is owned by the same owner. Both Crowatan Road and Chesterfield Road connect to Hermitage Road, a local road which connects to Castle Hayne Road in front of General Electric. The full parcel size is approximately 118 acres but the portion to be rezoned is about 85 acres. The resultant development potential of the requested change compares as follows: Use or A.M. Peak P.M. Peak Avg. Daily Density Traffic Traffic Traffic R-20 1.9 X 85 ac =162 units 115/hr. 165/hr. 1,550 trips I-1(85 ac.) Manufacturing 791/hr 783/hr 3,305 trips Gen. Light Indust. 677/hr 745/hr. 4,404 trips Warehousing 709/hr. 745/hr. 4,865 trips Z-886, 6/08 (cc) -OVER- Page 1 of 2 Board of Commissioners Meeting 07/07/2008 12-2-1 Note: traffic numbers based on ITRE Trip Generation 1~lanual, Vol. 1 of 3, 6~~~ Edition The property is classified as Aquifer Resource Protection by the 2006 LAMA Plan. This classification provides for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource Protection class was developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. The Aquifer Resource Protection subclass occurs in the Northwest part of the County North of Smith Creek, and is the area where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. The impacts that the resource is being protected from is diminished recharge of the aquifer and contamination of the aquifer by inappropriate land uses. The focus of strategies to protect this Resource Protection subclass is encouraging larger lot development if septic systems are used to prevent cross contamination of wells, extension of water and sewer service to curtail septic system use, prevention of uses that pose risk of spill of hazardous materials, and encouraging development practices that promote sustained recharge. The existing local street network is poorly suited to support the "worst case scenario" traffic volumes noted above, but those estimates are based on acreage tables in the trip generation manual. It is probable that the actual estimates could be substantially reduced based on other tables for more specific uses and sizes of buildings. Considerable undeveloped acreage is already zoned for light industrial uses in the vicinity; however, expansion of the General Electric operations nearby may generate additional need. About half of this parcel is already zoned I-l, making residential development on the remaining half less compatible. Also, the Wilmington By- pass Committee noted that the area around the Castle Hayne Road interchange would be suited for an industrial or manufacturing center. Though this property is not situated at the interchange, its proximity is pertinent. The existence of the rail line also suggests suitability for industrial types of uses. Staff feels that, overall, the proposed change is reasonable and consistent with county plans for development Based on the foregoing, staff recommends approval . ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning map amendment of approximately 85 acres from R-20 Residential District to I-1 Light Industrial District is (or is not): 1. Consistent with the purposes and intent of the Resource Protection land classification and the associated land use policies adopted in the 20061and use plan; 2. Reasonable and in the public interest to make the I-1 district consistent in this area adjacent to existing I-1 Industrial zoning and with access to rail service in the northern portion of the county. Z-886 Page 2 of 2 Board of Commissioners Meeting 07/07/2008 12-2-2 Case: Z-886 (6/08) R-20 Residential to I-1 Light Industrial Approximately 85 acres off Crowatan Road (landlocked) Petition Summary Data Owner/Petitioner: Withers & Ravenel for Crowatan Partners, LLC Existing Land Use: Vacant Zoning History July 1, 1974 (Area l0A) Land Classification: Aquifer Resource Protection Water Type: No public currently in place Sewer T~ No public currently in place Recreation Area: Castle Hayne Park Access & TraffMic Volume: Property has no existing road frontage Fire District: Wrightsboro FD Watershed & Water Quality Classification: Prince Georges Creek: C;Sw Aquifer Rechar e Area: Primary or secondary recharge area of principal aquifers Conservation/Historic/Archaeological Resources: COD-Some pocosin over Class IV soils Soils: Pm-Pamlico muck (IV);To- Torhunta loamy fine sand (III); Pn- Pantego loam (III); St-Stallings fine sand (II) Septic Suitability Class IV, not suitable; Class III-severe limitations; Class II- Moderate limitations Schools: Wrightsboro Elementary Other: SHOD Board of Commissioners Meeting 07/07/2008 12-3-1 I.~ 1 rj ~~ Board of Commissioners Meeting 07/07/2008 12-4-1 1` ~ ~1 l ~ ~ JC~i ~ ~~ ~ou~- ~1~tI~ded use of propt'~y upon ~~e~on~~l I cozY7pletel~ ~~•~•~levt~t, ex.oe~t ~a~ cond~~io~~~1 use dist~~ict pr•opo~~I. Tl~~ ~o~~tl~ aro~ii~a C~~e~~~l ~tat~~~e requ~r~ tlxt zo~~ing regu~Iat~oz» halt b~ jade i~~ ~~co~~d~rlce w~tl~ a con~p~-el~e~~i~e pla~~. Thy gavernii~ board ~~ required ~a ~dap~ ~ta~ee~~#s t~~t the ch~~e ~~ air ~~ ~o~ consi~~e~, re~oa~h~e} end in the ~abi~}~ ~n~ere~~~ ii~ce ~~nei~d~~e~~t to zo~~i~~g ~~ap~ should ~Io >~e based on ~ La~~d use P~at~, you ~~u~t explain low ~a~- ~~eques~ satisfies e~~I~ a~tlle following t~equir~~~~e~~ts: ~~'ill i~l B~tow o~+ attach addi~ioital pages}~ ~., How would tl~e ~•eq~~eted cl~a~~ge 6e consistent with t~~c vun~y'~ ~ol~c~es four ra~v~h a~ad ~leve~opmen~? i Policies for ro~nrth encourage continued efforts to attract and retain businesses. It is important to econan~ic gro~th to have adequate areas for diverse business uses. Rezoning this property for industrial uses would be an expansion of irilar zoning districts that have developed based upon their location an the outer fringes of the pity, and the ease of access to the railroad system, and to the interstate highway by-pass via existing arterial and collector roadways. ~. t-Iow would tl~e ~'ec~~lcsted zo~~e change be oo~~slstcnt ~tl~ tl~e ~roper~~~}~ class~~~ca~lon on tl~e ~~~d ~assificatia~~ a~? The AIUTA .and Use Plan identities these tracts a being in the Aquifer Resource Protection land classification. Policies suggest that more intense uses are allowed in these areas provided irnportanf resources are not adversely impacted. The proposed extensions of pulalic sanitary surer and grater service will curtail septic system use, and prorr~ote sustained recharge of the aquifer. ~eveloprr~ent wil! also be regulated by both state and QUnty stormu~rater requirements and Federal wetland restrictions to assure minimal envirenmentaI irr~pacts~ ~, what si~~~cn~ ~e~g~~arhood ~i~an~es l~av~ occ~~•~ed to tnalcc tl~c oz•~g~Ila~ zoi~~~~g ~~~app~•opriate, oz~ low is the I~~d io~ol~cd u~s~~~ab~e for the uses ~er~~~~d ~~~~der tl~e cx~stx~~g ~o~~ing? ,~ The completion of the 1~~4~ Nwy~ severed an originall~r large property. The subject lands are hounded bet~reen the northern right-off-way of the hihvtiray, and existing IW~ ~ l-~ zoning districts, ~evelapment for housing would be less desirable in this location. . 4. ~~ow wi ll t~~is cl~a~~ge of zo~~i~~g serve tl~e pub~io i~~~crest? The rezanir~g of the subject tract for a industrial development would bean appropriate transition along the highway. There vtirauld be Tittle effect to existing properties in the vicinity. ~~ stain this ~eti~io~~~ ~ un~ers~nd ghat the exis~~ng zan~~~ map i~ presumed to be aorree~ and ~ha~ ~ hive the burd~ of ~rovin ~h a change is iii the public ~~teres~, ~ further uudersta~d the si~liug vu~ of aye ~arcei of ~aa~d for special ~Qnin ~reatmen~ ur~relu~ed ~o o~a~y pal~ctes and ~l~e surraund~n~ neihhvrl~aod ~~vvuld ~rabahly 'be illegal. ~ certi~ ~h~rt this applie~txon is complete and th~~ a1l inforu~ion~ presented in this ap~lie~tian is ~ecurate ~a tb.e hest of ~-y la~wZede, ~~~fvrn~a~xon, and belief. ~na~~re a~ ~et~~~o~er a~dlar P~ra~ert~ ~vner ~~'~~~ ~~e Wage a~ ~ Board of Commissioners Meeting '~~~~~~~~ 07/07/2008 . 12-4-2 s ~ ~ ~' i~ T i t I ~ i7 ~~ ~~ ~ ~ ~~~ ~riS"~~~4~~~77l~~ a ~i~~ e .0 d~. •~4 ~ F 1 ~~~~~~~ ti~~~ VM ~~~~~~~ ~~~~~~:~ ~y~ .T ^~~~ }; 1 ~i~ ' ~,~.. ~~~~ ~ II' ~ _ ~~ ', ~ ~~~, l} `~ ti ' its q!•i }~ I ~~ .~ t } ~° ~~ ~~~ tt {~y TAY. I I ~b- ~,~ ~ . S ~'~~ I ~ v ~ 'lot 1 1 I p1 ! 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NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 7, 2008 REGULAR ITEM: 13 DEPARTMENT: Planning PRESENTER(S): Sam Burgess CONTACT(S): Sam Burgess SUBJECT: Consideration of a Resolution of Intent to Close a Portion of Point Harbor Road (SC-86, 06/OS) BRIEF SUMMARY: LS3P has petitioned the County to close/abandon a portion of Point Harbor Road (SR 2142). The improved road is approximately 670 feet in length with aright-of-way width that varies from approximately 130 feet to approximately 50 feet. The road is located near the Holmes Bridge and also is adjacent and parallels U.S. Highway 421 North. A site map depicting the area to be closed/abandoned is attached. In accordance with NCGS 153-A-241, a Resolution of Intent to close a road or easement must be adopted by the Board of County Commissioners prior to scheduling a public hearing. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the attached resolution to close portion of Point Harbor Road. Above action will result in: New Position(s) Position(s) Modification Or Change No Change in Position(s) ATTACHMENTS: Staff write-up map aerial resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 07/07/2008 13-0 Non- Public Hearing Item SC-86, 06/08 Resolution of Intent to Close/Abandon a Portion of Point Harbor Road Petitioner: LS3P Location: Near Western Foot of the Holmes Bridge, East Side General Comments LS3P has petitioned the County to close/abandon a portion of Point Harbor Road (SR 2142). The improved road is approximately 670 feet in length with aright-of-way width that varies from approximately 130 feet to approximately 50 feet. The road is located near the Holmes Bridge and also is adjacent and parallels U.S. Highway 421 North. A site map depicting the area to be closed/abandoned is attached. In accordance with NCGS 153-A- 241, aResolution of Intent to close a road or easement must be adopted by the Board of County Commissioners prior to scheduling a public hearing. Staff Comments As shown on the site map, the improved road right-of-way of Point Harbor Road is adjacent to a newly rezoned RFMU project called Point Harbor Marina (approved by the Board in March, 2008). The segment of the road that spurs off the main portion of Point Harbor Road is an old remnant of U.S. Highway 421. According to the petitioner, the dead end section of the road needs to be closed/abandoned to accommodate the new Point Harbor Marina project. County Engineering, County Fire Services, the Cape Fear Public Utility Authority, and NCDOT staff have not evaluated the petition during the road resolution process. If the Resolution of Intent to close/abandon a portion of Point Harbor Road Is adopted by the Board of County Commissioners, a public hearing on the matter would be scheduled for August 4, 2008. At the public hearing, eventful information will be provided from County Engineering, the Cape Fear Public Utility Authority, and NCDOT pertaining to the proposed closure. Board of Commissioners Meeting 07/07/2008 13-1-1 5TH STAN 5TH STN ~ JAMES A-.Y ~ ~ to cn N 0 ~ ~~. 4TH STN w W z o R N ~0 ~'~ '~ ~ ~ JEl-WADED y S~ `~ = m ~0~, J y OP 3RD STN F 3RD STN N z w Q J m L FRONT ST N L ~ '~ !~ %< ~ ~ C7 ig V ~ Q~ ~ 0~ ~~ V ~0 ~v `yQ' L Q V ~~ 71I~ N N ~~ M a21-2108?~dH 1NIOd US HWY 421 N US H1NY 421 N ~~ ~ ~ 03 ~' o L 0 o ~ ~ ° 0 ~ ~+ u ~ ~ ~ L ~ ~ ~ c ~ _ ~ N M ~ ~t'l t0 0 ' d 1 J L J Q~ ~ ~ ~L ~a~ _~ ~ ~ Z J J o Q Q W ,N ~ QZZ ~Q 0 ~ ~ao~ o~ ~~ V J V 0 L=oY ~~ ~aa =ZOO ~~ J ~ ~~ ~~°~~}~a ~~~ ~ ~ 0 J ~,~YQC,~~ ~0~._ ~ ao~~ oa ~ N p ~ o°~a~e~ 0~0 ~ ~ 'O ' 0 ~ ~' V~~d ~ ~ ~ ~ Board of Commissioners Meeting 07/07/2008 13-2-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION OF INTENT TO CLOSE/ABANDON A PORTION OF POINT HARBOR ROAD (Adjacent to US Highway 421 North) WHEREAS, a petition has been filed pursuant to NCGS 153-A-241, requesting the Board of New Hanover County Commissioners to close/abandon the following described road adjacent to U.S. Highway 421 North: Being a piece or portion of those lands contained within the right-of way of Point Harbor Road (SR 2142), a variable width public right-of way; lying and situate in Cape Fear Township, New Hanover County, North Carolina; and being more particularly described as follows: Beginning at an iron pipe in the westerly right-of way line of the said Point Harbor Road; said iron pipe marking the northeasterly most corner of lands now or formerly the property of Cape Fear Marina Village, LLC, as recorded in DB 2716, Page 190; said point of beginning being also a common corner with lands now or formerly the property of Old Wilmington Shipyard, LLC as recorded in DB 5040, Page 2249, all in the New Hanover County Registry; thence from the point of beginning with the line of the said Old Wilmington Shipyard, LLC and with the right-of way of Point Harbor Road the following three (3) courses and distances: South 76 degrees, 41 minutes, 42 seconds East 80.07 feet to an iron pipe; thence, South 5 degrees, 45 minutes, 39 seconds West 180.33 feet to an iron pipe; thence, South 1 degree, 25 minutes, 2 seconds East 488.87 feet to an iron pipe marking the southwesterly most corner of the aforesaid Wilmington Shipyard, LLC; said iron pipe being also a common corner with lands now or formerly the property of Harold D. Roderick as recorded in DB 1024, Page 920 in the New Hanover County Registry; thence, crossing the right-of way of Point Harbor Road North 81 degrees, 13 minutes, 24 seconds West 82.22 feet to a point; thence, North 0 degrees, 0 minutes, 5 seconds West 92.08 feet to a point; thence, with a curve to the left whose cord bearing and distance are North 9 degrees, 57 minutes, 38 seconds West 74.73 with an arc length of 75.03 feet, radius 242 feet and delta angle of 17 degrees, 45 minutes, 50 seconds; thence, North 18 degrees, 50 minutes, 33 seconds West 126.21 feet to an "x" marked in concrete, the southwesterly most corner of the aforesaid Cape Fear Marina Village, LLC; thence, with the line of Cape Fear Marina Village, LLC and with the right-of way of Point Harbor Road the following three (3) courses and distances: North 82 degrees, 32 minutes, 32 seconds East 48.20 feet to an iron pipe; thence, North 1 degree, 31 minutes, 19 seconds West 183.31 feet to an iron pipe; thence, with a curve to the right whose cord bearing and distance are North 5 degrees 45 minutes, 33 seconds East 200.41 feet (with arc length of 200.96 feet, radius 784.55 feet, delta angle of 14 degrees, 40 minutes, 33 seconds) to the beginning, containing 1.32 acres more or less. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners is considering closing a portion of Point Harbor Road to public use and that a public hearing on this question will be held on the 4th day of August, 2008 at 6:00 p.m. or thereafter in the Assembly Room of the New Hanover County Historic County Courthouse at 24 North Third Street in Wilmington, NC at which time the Board will hear all interested citizens and make a final determination as to whether the road shall be closed. ADOPTED this the 7th day of July, 2008. NEW HANOVER COUNTY Robert G. Greer, Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 07/07/2008 13-4-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 7, 2008 REGULAR ITEM: 14 DEPARTMENT: County Manager PRESENTER(S): Dr. Art Costantini, Area Director CONTACT(S): Chris Coudriet, Assistant County Manager SUBJECT: NOTE: THIS ITEM HAS BEEN TABLED AND WILL NOT BE HEARD JULY 7, 2008 Consideration of Southeastern Center Request: Return of Funds BRIEF SUMMARY: At its business meeting Thursday, June 26, 2008, the Southeastern Center area board voted to request that New Hanover County return to Southeastern Center $5,000,000 intended for the construction of a mental health/public health complex. This request is an extension of the FY 08 fiscal constraints SEC faced, and the funds are needed to sustain service levels in FY 09. This request does not include the transfer of 13 acres to Southeastern Center, which are intended for the mental health/public health complex. The fund has also earned approximately $150,000 to date. County staff believes that any transfer of funds to Southeastern Center should be done incrementally so that the $5,150,000 is not definitively obligated for service contracts in FY 09. RECOMMENDED MOTION AND REQUESTED ACTIONS: County staff recommends the Board return funds to Southeastern Center in a manner that ensures long term availability of funds to sustain service levels. Above action will result in: New Position(s) Position(s) Modification Or Change No Change in Position(s) ATTACHMENTS: SEC Written Request COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: The item was tabled. Board of Commissioners Meeting 07/07/2008 14-0 Southeastern Center For Mental Health, Developmental Disabilities, & Substance Abuse Services Serving Brunswick, New Hanover, & Pender Counties 2023 South 17th Street, Post Office Box 4147, Wilmington, NC 28406 (910) 251-6440, Fax (910) 251-6557,1-800-293-6440 Arthur F. Costantini, Ph.D. Area Director June 27, 2008 Bruce T. Shell, County Manager 230 Government Center Drive, Suite 195 Wilmington, North Carolina 28403 Dear Mr. Shell, Southeastern Center, (SEC} was able to pull together enough funds for the 2007-2008 fiscal year to pay all of the providers for services provided and appropriately billed. SEC's allocation forthe yearwas $8.3 million and we paid out approximately $12 million. We paid the approximate $4 million excess through donations of surplus funds from other LMEs, local funds, and fund balance. We still have 8% in fund balance, which is a state requirement. Our difficulty is the upcoming fiscal year 2008-2009. We have been told by the Division to count on our allocation for state funding for FY 2008-2009 to be the same ($8.3 million) as it was for FY 2007-2008. We continue to work with providers to limit services, but reducing the amount of services billed is a slow process because of medical necessity issues, prior authorizations, and new clients. Based on the anticipated allocation of $8.3 million and the anticipated encumbrance of $12 million to start the year, SEC is approximately $4 million short. Since we cannot contract for money that we do not have, we cannot contract with providers for services; provider agencies are threatening to close down and put clients out of services. This has become a highly visible issue, one that I'm sure you have read about in the newspaper, and perhaps received telephone calls of concern. Based on this information, SEC's Board of Directors is requesting that New Hanover County return to SEC the $5 million given by SEC to New Hanover County for the new building. The Area Board does this very reluctantly because the Area Board members were very much looking forward to the new building. Given that the providers will have to reduce and/or eliminate services to needy consumers if SEC does not come up with the funds, the Area Board has no choice but to request that the funds be available for services. I look forward to hearing from you soon regarding this request. I know that you will have questions about this request and I will be happy to meet with you to discuss the matter at your convenience. Board of Commissioners Meeting 07/07/2008 14-1-1 Bruce Shell Page 2 Thank you for your understanding and assistance as we work through this unfortunate situation. Sincerely, aar ~ c~r....~~ Arthur F. Costantini Area Director AFCIg p CC: Fred Blankenhorn, SEC AB Chair Chris Coudriet, Asst. County Manager Vicki Steele Board of Commissioners Meeting 07/07/2008 14-1-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: July 7, 2008 WATER AND SEWER DISTRICT ITEM: 15 DEPARTMENT: Governing Body PRESENTER(S): District Chairman Kopp CONTACT(S): Sheila L. Schult, Clerk to the District Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the Water and Sewer District Regular Session meeting held on June 16, 2008. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. Above action will result in: New Position(s) Position(s) Modification Or Change No Change in Position(s) COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting 07/07/2008 15-0