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Agenda 2013 08-05 New Hanover County, North Carolina August 5, 2013 Agenda Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity • Accountability • Professionalism • Innovation • Stewardship AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC WOODY WHITE,CHAIRMAN-BETH DAWSON,VICE-CHAIR JONATHAN BARFIELD,JR.,COMMISSIONER-THOMAS WOLFE,COMMISSIONER CHRIS COUDRIET,COUNTY MANAGER-WANDA COPLEY,COUNTY ATTORNEY-SHEILA SCHULT,CLERK TO THE BOARD AUGUST 5, 2013 6:00 P.M. MEETING CALLED TO ORDER(Chairman Woody White) NON-SECTARIAN INVOCATION (Cameron Hankins, Pastor, Shoulders Branch Missionary Baptist Church) PLEDGE OF ALLEGIANCE(Commissioner Thomas Wolfe) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of Annual Salary and Monthly Auto Allowance Increase and Extension of Employment Agreement for the County Manager 3. Approval of Additional Safe Routes to School Funding to Supplement Existing Funding for the Middle Sound Bicycle/Pedestrian Project 4. Adoption of a Resolution to Approve the Sole-Source Purchase of Patented Posi- Shell Equipment from LSC Environmental 5. Adoption of a Resolution Authorizing the Repair, Restoration and Rebinding of Register of Deeds Index Books (Phase 2) 6. Approval of Charge of 2013 Levy 7. Adoption of Budget Amendments 8. Revised Appointment of Voting Delegate to the 2013 North Carolina Association of County Commissioners (NCACC) Annual Conference REGULAR AGENDA ITEMS OF BUSINESS 9. Consideration of Proclamation to Declare August 4 - 10, 2013 as Coast Guard Week in New Hanover County 10. Public Hearing on Mason Inlet Assessment 11. Public Hearing NOTE: The petitioner has requested that this item be continued. Special Use Permit Request(S-590M, 07/13) -Request by Janie Walker for an In-Home Child Daycare for Eight Children at 4432 Jason Court in the Churchill Estates Subdivision 12. Public Hearing Rezoning Request(Z-926, 06/13) -Request by Paramount Development Corporation on Behalf of New Hanover Regional Medical Center Employee Pension Trust and the YMCA of Wilmington, Inc. to Rezone 44.68 Acres Located at 8025 and 8107 Market Street from B-2, Highway Business and R-15, Residential to CZD (B-2), Conditional Zoning District Highway Business in Order to Develop a Retail Center. Board of Commissioners Meeting 08/05/2013 PUBLIC COMMENTS ON NON-AGENDA ITEMS (limit three minutes) ADDITIONAL AGENDA ITEMS OF BUSINESS 13. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 14. ADJOURN Board of Commissioners Meeting 08/05/2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 5, 2013 CONSENT ITEM. 1 DEPARTMENT: PRESENTER(S): Chairman White CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Special Meeting held on July 11, 2013 Agenda Review Meeting held on July 11, 2013 Regular Meeting held on July 15,2013 Closed Session Meeting held on July 15, 2013 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 08/05/2013 1 -0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 5, 2013 CONSENT ITEM. 2 DEPARTMENT: PRESENTER(S): Chairman Woody White CONTACT(S): Chairman Woody White SUBJECT: Approval of Annual Salary and Monthly Auto Allowance Increase and Extension of Employment Agreement for the County Manager BRIEF SUMMARY: On July 15, 2013 the Board conducted the performance evaluation of the County Manager in closed session. In open session the Board then awarded the County Manager an annual salary increase of 6.5 percent and extended his employment agreement until June 30, 2017. Due to an error in the salary increase percentage calculation,the Board is awarding the following to County Manager Chris Coudriet: • An annual salary in the amount of$175,000; and • An increase in monthly auto allowance from $300 to $500; and • An extension of his employment agreement until June 30, 2017. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve annual salary and monthly auto allowance increase and extension of employment agreement for the County Manager. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 08/05/2013 2-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 5, 2013 CONSENT ITEM. 3 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe,Planning and Inspections Director CONTACT(S): Karyn Crichton, Long Range Planner; Shawn Ralston, Planning Manager; and Chris O'Keefe, Planning and Inspections Director SUBJECT: Approval of Additional Safe Routes to School Funding to Supplement Existing Funding for the Middle Sound Bicycle/Pedestrian Project BRIEF SUMMARY: In May and October 2012, the New Hanover County Board of Commissioners accepted $100,000 through the Federal Highway Administration's (FHWA) Safe Routes to School program and $229,674 through the FWHA's Safe, Accountable, Flexible, Efficient Transportation Equity Act — A Legacy for Users (SAFETEA-LU). In order to supplement the costs of the project, the North Carolina Department of Transportation(NCDOT)has identified and offered an additional $200,000 from the FHWA's Safe Routes to School program. These funds will be applied to the existing funds for the project in order to ensure safe access for students utilizing the network to Ogden Elementary School by providing for an off-road multi-use path. No match is required. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities • Build and maintain infrastructure • Implement plans for land use,economic development,infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval of the Federal Highway Administration's Safe Routes to School funding through the North Carolina Department of Transportation. ATTACHMENTS: Middle Sound Bike-Ped Map SRTS Supplemental Agreement Budget Amendment 2014-06 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners Meeting 08/05/2013 3-0 COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 08/05/2013 3-0 m 1 CL 0 0 cu O O LL C N O N m Q� E m N � U-O O U(p �Q � J-O J� -w -0 (D Qo 0 L O (6 (6 m J (D y0 D U N F o J T2m 1- m Z) HAIS TRL cs� J i 2 o , ++ 0 w O L N T! 6 O E ^y O O C L J O OW �••y0 N U) (D o C) E 2 = �a G Y Q- �+ E o ° U IL E _m W M J (D OvO O 0 M 0 U c O a (6-6 Q f/1 C O D O� EL (1) ) C L (.X 01 w Q V am 0 U 3- 1 - 1 is NORTH CAROLINA SUPPLEMENTAL AGREEMENT NEW HANOVER COUNTY ■ DATE- 6127/2013 NORTH CAROLINA DEPARTMEV Ir TRANSPORTATION RN: AND WES ELEMENT' 40924.3.66 CO Cyl= 06Mb TOTAL SUPPLEMENTAL FUNDS [NCDOT PARTICIPATION] $200,000 ■ THIS AMM111111101"ia am&mg l%kmvfkfipV Jqggrio I I I n the Nortim%W&M SqNAM"W#%NUMNAM HEEM N%E NNINNEML-lafter refe r, MEMMER .00 4W ■ W IT N E S A E T H: WHEEMN,&o mW New Hanover County, on 4125,016J AdmiNIMINwiii&04W 0jrIggp"1pr the anginal scope" construcl 36M 0 SMERMaM691ME" from 010 Qq=POW aurma IM IM MR&&111111116"AR a" Prof WMERMI, am WHIRWA0,4*90g"IM%is Wand the project scope, increase the project funding, and em the pqM SEMEN= am ■ NO offigMRM igM tioned Agreement whereby the fella SCOPE In ad Or is 1%WM&MRAb W49A"m&b 04 iftlWMIN 0VWM&qWE&qftgNWlk from exisfill a"N"Makw"Woft in*i" ME Agreement ID#4247 1 Board of Commissioners Meeting 08/05/2013 3-2- 1 ■ co ■ 1 (OY*WJM wPm%wPw=m provements(sharrows&sign im P%W Beall, I"Mr"VMWW MR4116 MRAM am WOMANWOLM4 Pq I W PWMftHdP1jKEtrajI with OMEM ZM�V A MqMMjgMrjUM MMMMM EstaLwwmL4dW6*, FUNDING The Department's original participation was$100,000.The De. COu*1 VA MOMMI NOWNIV 4 Safe Routes to School funds, Mqect to compliance by the COUMV WV V%IPURSMM RM VRh in this Agreement and the "ability of federal funds,the D to a maximum amount of ThrWv OWMred Thousand Dollars($300,MMW mmj6LjW kW6w,1U County shall be responsible I&III ■ FUNDING TABLE Fund Source Federal Funds Reimbursement 0 Amount Rate Safe Routes to $300,000 100 % $1 School Total Estimated Cost $3008000 TININEW ■ MWIMPO,"Wair M." viva WMO*WrWWlqnMgW a 111M IRAML&M ffim"NOO Nfk*W"5"Wmmlill""Vq"4W EMM, by December 15, 2013; The County shall complete the projamal"8w*vwl@w 11, osor4. ExcelffikSOMMMUME&PU PWWWV MIN-Wimmmm OP -W- DepaillEMPLIE111118EW OW oulot owmew therejIlEMEM Agreq=WN I= ■ Board of Commissioners Meeting 08/05/2013 3-2-2 IN WITNESS WHIREOF,this Ag ift*V wo-Paw heretofore set out, on the part of *6TwwjwKw*m w4 Jq apunty by authority duly given, ATTEST: NEW HANOVER COUNTY ■ BY: TITLE: TITLE: DATE: DATE: NC 133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of any response in this procurement,you attest, for your entire organization and its employees or agents,that you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization. This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act, (SEAL) (FINANW- Federal Tax Identification Number Remittance Address: New Hanover County ............................................................. DERANTMENT-OF TWV0VbjKATLW BY; (CHIEF ENGINEER) DATE: APPH110110011IMMMME r W&SPORTATION ITEM 0: .(Date) Agreq%g*g ME IR Board of Commissioners Meeting 08/05/2013 3-2-3 AGENDA: August 5,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 2014- 06 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 2014-06 be made to the annual budget ordinance for the fiscal year ending June 30,2014. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth/Economic Development Strategic Objective(s): Enhance/add recreational,cultural and enrichment amenities Understand/act on citizen needs Fund: Bike and Pedestrian Paths Department:Planning and Inspections Expenditure: Decrease Increase Capital Project Expenase $200,000 Total $0 $200,000 Revenue: Decrease Increase Safe Routes to School Grant $200,000 Total $0 $200,000 Section 2: Explanation On May 7,2012,the Board accepted a grant award from the NC Department of Transporation(NCDOT) in the amount of$100,000 to construct a multi-use pathway from Red Cedar Road to Ogden Elementary School. The NCDOT and county staff wish to expand the scope of work to include connection to Kenmore Dive and Oyster Drive. On-road bicycle improvements will be made along Bright Leaf Road, Humphrey Drive and Wendover Lane. A multi-use pathway with bridge will connect Bright Leaf Road to Thais Trail to make connection with Bayshore Estates. The NCDOT is granting an additional$200,000 for the project. There is no County match,however the County is responsible for all cost that exceed the total estimated cost. 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 2014-06, amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 5th day of August,2013. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schutt, Clerk to the Board Board of Commissioners Meeting 08/05/2013 3-3- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 5,2013 CONSENT ITEM: 4 DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman,Environmental Management Director CONTACT(S):Joe Suleyman,Environmental Management SUBJECT: Adoption of a Resolution to Approve the Sole-Source Purchase of Patented Posi-Shell Equipment from LSC Environmental BRIEF SUMMARY: The adopted budget for FY2014 includes $165,000 for a program enhancement request to purchase equipment currently being leased by the landfill to apply daily cover material to the working face of the landfill. This will eliminate the current lease amount of$65,000/year,and will result in the equipment being fully paid for with just 2.5 years of lease payments otherwise required. The equipment currently being leased from LSC Environmental will be returned once the purchased equipment is delivered. This equipment utilizes a patented process to produce cover material for the landfill,very effectively reducing the air space utilized for cover while providing a highly effective material to prevent wind-blown litter and reduce odors and control vectors as per permit requirements. The Posi-Shell equipment, sold by LSC Environmental, is patented and as such this request is made to allow a sole-source purchase of the equipment from LSC Environmental. STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution to approve the sole-source purchase of patented Posi-Shell equipment from LSC Environmental using funds included in the FY2014 adopted budget. ATTACHMENTS: LSC Resolution Environmental Management Quotation for Posi-Shell Equipment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS:(only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 08/05/2013 4-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION EXCEPTION TO COMPETITIVE BIDDING REQUIREMENTS WHEREAS, to maintain standardization and compatibility with the current equipment that is currently leased by the County, Environmental Management is requesting approval to purchase Posi-Shell patented equipment from LSC Environmental as a sole source vendor; and WHEREAS, General Statute 143-129(e)(6) provides that purchases of apparatus, supplies, materials or equipment are exempt from bidding when: A. performance or price competition for a product is not available B. a needed product is available from only one source of supply C. standardization or compatibility is the overriding consideration; and WHEREAS, this exception to the bidding requirements referred to as "Sole Source" must be approved by the Board prior to purchase. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners approves the purchase of Posi-Shell Equipment from LSC Environmental as sole source vendor in accordance with the sole source provisions outlined in GS 143-129(e)(6). ADOPTED this the 5th day of August, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 08/05/2013 4- 1 - 1 ■ ■ r Qo � O P E LO ro co ai °c a e» ut m c N o .a ca cr e a a� o a ■ E s CL y t9 69 c G c � a O Q' a O N T CM R Y N o A .a ■ 0 O V o m sy CL LO c C C N m } m a) C O m - Nppp LL r Z a }r O O a` O w • a r Board of Commissioners Meeting ■ 08/05/2013 4-2- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 5, 2013 CONSENT ITEM. 5 DEPARTMENT: Register of Deeds PRESENTER(S): Tammy T. Beasley, Register of Deeds CONTACT(S): Tammy T. Beasley,Register of Deeds SUBJECT: Adoption of a Resolution Authorizing the Repair, Restoration and Rebinding of Register of Deeds Index Books (Phase 2) BRIEF SUMMARY: Register of Deeds Tammy Beasley requests adoption of a resolution authorizing the removal of index books from the registry for repair, restoration and rebinding. This is Phase 2 of the restoration. Phase 1 was approved by the Board on April 8, 2013. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Register of Deeds Book Resolution Conservation Proposal COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 08/05/2013 5-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE REPAIR, RESTORATION AND REBINDING OF REGISTER OF DEEDS INDEX BOOKS WHEREAS, North Carolina General Statute 132-7 provides that Board of County Commissioners may authorize that any county records in need of repair, restoration or rebinding be removed from the building or office in which such records are ordinarily kept, for the length of time required to repair, restore, or rebind them; and WHEREAS, New Hanover County Deed Books AAAA, DDD, HHH, III, MMM, ZZZ, 37, 39, 41, 47, 50, 60, 108, 119, 138, 202, 113, 233, 375, 411, PPP also DIVISION OF LAND & DOWERS A, RECORD OF SURVEYS & LAND ENTRY A AND B are in desperate and dire need of repair, restoration and rebinding due to years of constant handling and use; and WHEREAS, it is our obligation to maintain and preserve the historical documents contained in the New Hanover County Registry to ensure for future generations that the people will have access to historical documents in their original condition; and WHEREAS, New Hanover County has entered into a contract with C. W. Warthen to deacidify, encapsulate, mend, and rebind New Hanover County Deed Books AAAA, DDD, HHH, III, MMM, ZZZ, 37, 39, 41, 47, 50, 60, 108, 119, 138, 202, 113, 233, 375, 411, PPP also DIVISION OF LAND & DOWERS A, RECORD OF SURVEYS & LAND ENTRY A AND B. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby authorize and sanction Tammy T. Beasley, New Hanover County Register of Deeds to remove New Hanover Deed Books AAAA, DDD, HHH, III, MMM, ZZZ, 37, 39, 41, 47, 50, 60, 108, 119, 138, 202, 113, 233, 375, 411, PPP also DIVISION OF LAND & DOWERS A, RECORD OF SURVEYS & LAND ENTRY A AND B from the New Hanover County Registry located in the New Hanover County Registry for the purposes of repair, restoration and rebinding by C. W. Warthen. ADOPTED this the 5th day of August, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 08/05/2013 5- 1 - 1 E - 9 o fl _ Allow k ls5T3'N dkP'§ Vill ,fig _i� � � � v VdR 1' 1 1 9 y M •=' i+ u'.5 "�� r�;�y;:�:� ,z; e `3A s�� u:ara '>&3 a� =a;s> a;a a;g ,°.{. �, ut € '4.. =777 :..; 3a: ",a. €= .4", s^. x ✓g1 a§ �1 ;i-yx• ;de ? - a. 5 it. x s. •.�= kr .g E. x2�< #' xk%'s .il V„s °}S x �d �e 8' ;•,b :i� ..3t Y.! s�'e.�. ^,het .-T;gr ?E E, i:9 -'9,n t _ 3 :aa e- g,"u•a .-' -g s. � ,.-c .tea 'sa e` ��a 3,�.�g�3 � ;,ads'ee:fit,t” s -€ -..::.g° �a'- 'ffi-M:n NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 5, 2013 CONSENT ITEM. 6 DEPARTMENT: Tax PRESENTER(S): Michelle Harrell, Collector of Revenue CONTACT(S): Michelle Harrell, Collector of Revenue SUBJECT: Approval of Charge of 2013 Levy BRIEF SUMMARY: As required by NCGS 105-321 and 105-347, charges for 2013 are submitted to the Board for the Collector of Revenue. Attached is a charge sheet. STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Provide sufficient investment to add/maintain government resources RECOMMENDED MOTION AND REQUESTED ACTIONS: Charge Collector with the collection of the 2013 levy. If approved, the Chairman, Clerk and Collector must sign the charge sheet. ATTACHMENTS: 2013 Charge of Levy COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 08/05/2013 6-0 NEW HANOVER COUNTY Roger L.Kelley TAX DEPARTMENT Tax Administrator 230 GOVERNMENT CENTER DRIVE, SUITE 190 Jeffery Niebauer WILMINGTON, NORTH CAROLINA 28403-1671 Asst.Tax Administrator TELEPHONE (910)798-7300 Michelle Harrell Collector of Revenue FAX (910)-798-7310 August 5, 2013 State of North Carolina County of New Hanover To the Collector of Revenue of New Hanover County: You are hereby authorized, empowered and commanded to collect the taxes set forth in the tax records filed in the office of the Tax Administrator and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of New Hanover and all jurisdictions therein and this order shall be a full and sufficient authority to direct, require and enable you to levy on and sell any real or personal property of such taxpayers for and on account thereof, in accordance with the law. Witness my hand and official seal this 5t"day of August 2013. Woody White, Chairman New Hanover County Board of Commissioners Attest: Sheila L. Schult, Clerk to the Board New Hanover County I, Marion D. Harrell, Collector of Revenue of New Hanover County, hereby acknowledge receipt of tax books for real estate and personal property of for Cape Fear, Federal Point, Carolina Beach, Kure Beach, Harnett, Wrightsville Beach, Masonboro and Wilmington Townships for New Hanover County. Marion D. Harrell, Collector of Revenue New Hanover County Board of Commissioners Meeting 08/05/2013 6- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 5, 2013 CONSENT ITEM. 7 DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin,Budget Director SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30,2014. 14-004 - Sheriffs Office 14-005 - Sheriffs Office STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinance for the budget amendments listed. ATTACHMENTS: Amendment 14-004 Amendment 14-005 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 08/05/2013 7-0 AGENDA: August 5,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 004 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 14-004 be made to the annual budget ordinance for the fiscal year ending June 30,2014. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety/crime prevention Fund: Federal Forfeited Property Department: Sheriff's Office Expenditure: Decrease Increase Sheriff s Office $592,629 Total S592,629 Revenue: Decrease Increase Sheriff s Office $592,629 Total Section 2: Explanation To budget Federal Forfeited Property receipt of$9,773 in auction proceeds, and$46 interest on investments for May and June 2013. The remainder of$582,810 is proceeds from a case in 2011. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. The current balance in the Federal Forfeited Property fund is$18,172. NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 14-004, amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 5th day of August,2013. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 08/05/2013 7- 1 - 1 AGENDA: August 5,2013 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14- 005 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 14-005 be made to the annual budget ordinance for the fiscal year ending June 30,2014. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety/crime prevention Fund: Controlled Subtance Tax Department: Sheriff's Office Expenditure: Decrease Increase Sheriff s Office $34,609 Total y Revenue: Decrease Increase Sheriff s Office $34,609 Total Section 2: Explanation To budget Controlled Substance Tax receipts for 6/24/13 and 7/22/2013, auction proceeds and interest on investments. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. The current balance in the Controlled Substance Tax fund is $18,220. NOW, THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 14-005, amending the annual budget ordinance for the fiscal year ending June 30,2014,is adopted. Adopted,this 5th day of August,2013. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 08/05/2013 7-2- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 5, 2013 CONSENT ITEM. 8 DEPARTMENT: PRESENTER(S): Chairman White CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Revised Appointment of Voting Delegate to the 2013 North Carolina Association of County Commissioners (NCACC)Annual Conference BRIEF SUMMARY: The Board appointed Commissioner Wolfe as the NCACC Annual Conference voting delegate at the Board's July 15, 2013 meeting. However, Commissioner Wolfe is unable to attend the conference. NCACC does not provide for alternate voting delegates and as such the Board must vote for who will replace Commissioner Wolfe. Vice-Chair Dawson and Commissioner Barfield are registered to attend the conference. The 106th Annual Conference of the North Carolina Association of County Commissioners (NCACC) will be held in Guilford County, North Carolina on August 22-25, 2013. A voting delegate must be appointed and submitted to NCACC by August 9,2013. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Appoint Vice-Chair Dawson as delegate. ATTACHMENTS: NCACC 2013 Annual Conference Voting Delegate Form COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Appoint Vice-Chair Dawson as delegate. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 08/05/2013 8-0 NI o X T, II CA, R 0 L I N A ASSOCIATION OF COUNTY ;'b11 MISSIONERS Designation of Voting Delegate to NCACC Annual Conference I hereby certify that I am the duly designated voting delegate for County at the 106'h Annual Conference of the North Carolina Association of County Commissioners to be held in Guilford County,N.C., on August 22-25, 2013. Signed: Title: Article VI, Section 2 of our Constitution provides: "On all questions, including the election of officers, each county represented shall be entitled to one vote, which shall be the majority expression of the delegates of that county. The vote of any county in good standing may be cast by any one of its county commissioners who is present at the time the vote is taken; provided, if no commissioner be present, such vote may be cast by another county official, elected or appointed, who holds elective office or an appointed position in the county whose vote is being cast and who is formally designated by the board of county commissioners. These provisions shall likewise govern district meetings of the Association. A county in good standing is defined as one which has paid the current year's dues." Please return this form to Sheila Sammons by: Friday,August 9,2013: NCACC 215 N.Dawson St. Raleigh,NC 27603 Fax: (919) 733-1065 sheila.sammons @ncacc.org Board of Commissioners Meeting 08/05/2013 8- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 5, 2013 REGULAR ITEM. 9 DEPARTMENT: Governing Body PRESENTER(S): Vice-Chair Beth Dawson CONTACT(S):Vice-Chair Beth Dawson SUBJECT: Consideration of Proclamation to Declare August 4 - 10, 2013 as Coast Guard Week in New Hanover County BRIEF SUMMARY: Vice-Chair Beth Dawson is requesting the Board consider adopting a proclamation to declare August 4 - 10, 2013 as Coast Guard Week in New Hanover County. USCG Sector North Carolina Captain Sean Murtagh and USCG Cutter DILIGENCE Commander Jeffrey K. Randall will be present to receive the proclamation. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Coast Guard Week Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS'ACTIONS: Approved 4-0. Board of Commissioners Meeting 08/05/2013 9-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS COAST GUARD WEEK PROCLAMATION WHEREAS, Congress authorized Secretary of the Treasury, Alexander Hamilton, to create a maritime service, the Revenue Marine, to enforce customs laws on August 4, 1790. The Service's name, "Coast Guard," was made official when President Woodrow Wilson signed into law the "Act to Create the Coast Guard," an act passed by Congress on January 20, 1915, that combined the Life-Saving Service and Revenue Cutter Service (previously known as the Revenue Marine); and WHEREAS, the United States Coast Guard (USCG), is our Nation's oldest continuous seagoing service and the world's premiere maritime safety and marine law enforcement agency; and WHEREAS,the USCG celebrated its 223d on August 4, 2013; and WHEREAS, New Hanover County has served as home port for numerous USCG ships, units and detachments, including the original Revenue Cutter DILIGENCE; and WHEREAS, Wilmington, NC was the first city on the East Coast to receive the honor of being designated as a "Coast Guard City" in 2003 and recertified in 2008; and WHEREAS, New Hanover County hosts over 600 men and women serving with USCG Sector North Carolina, USCG Station Wrightsville Beach, USCG Cutter DILIGENCE and the various USCG Reserve and Auxiliary personnel who augment these USCG activities; and WHEREAS,the New Hanover County Board of Commissioners pauses to express our gratitude, mindful that words and ceremonies are not enough and that our thanks extend not only to the men and women of the USCG, but also to their families who serve alongside them. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that August 4 — August 10, 2013 be recognized as COAST GUARD WEEK in New Hanover County, and urges all citizens to express their appreciation for these highly professional and multi-talented men and women who continue to make a tremendous contribution to the social, environmental, and economic well-being of our country and our nation. ADOPTED this the 5th day of August, 2013. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting 08/05/2013 9- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 5, 2013 REGULAR ITEM. 10 DEPARTMENT: PRESENTER(S): Lisa Wurtzbacher,Finance Director CONTACT(S): Linda Brothers, TDA Financial Analyst; Lisa Wurtzbacher,Finance Director SUBJECT: Public Hearing on Mason Inlet Assessment BRIEF SUMMARY: On June 17, 2013, the Board of Commissioners adopted a preliminary assessment resolution for Mason Inlet Relocation Project costs having determined total cost to be assessed. The project was initially authorized in 1999, and the original assessment basis remains in force. G.S. 153A-195 requires that the Board conduct a public hearing to hear all interested persons with respect to any matters covered by the preliminary assessment resolution. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Innovate programs to protect the environment RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct a public hearing and annul, modify, or confirm the assessments as appropriate. If confirmed, direct staff to publish a Notice of Confirmation. ATTACHMENTS: Notice Hearing Preliminary Assessment Roll Notice Public Meeting Mason Inlet Preliminary Assessment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct public hearing and direct staff. COMMISSIONERS'ACTIONS: No one signed up to speak at the public hearing. A motion to approve the assessment, modified by $12,500 to revert back to way the it was assessed in years past, was approved by a vote of 4-0, including adoption of budget amendment 14-008. Board of Commissioners Meeting 08/05/2013 10-0 LISA H.WURTZBACHER, NEW HANOVER COUNTY CPA Finance Director FINANCE OFFICE 230 GOVERNMENT CENTER DRIVE, SUITE 165 BARBARA D.McCLURE, WILMINGTON,NORTH CAROLINA 28403 MBA,CPA,CPFO TELEPHONE (910) 798-7187 Assistant Finance Director FAX (910) 798-7806 www.nhc,-ov.com June 19, 2013 RE: HEARING ON PRELIMINARY ASSESSMENT ROLL Dear Property Owner: A Preliminary Assessment Resolution providing for the relocation of Mason Inlet was adopted by the New Hanover County Board of Commissioners on June 21, 1999. Inlet relocation has been completed, as well as three phases of inlet maintenance. Inlet maintenance is required for compliance with the conditions of the US Corp of Engineers permit authorizing the original project. The Board of County Commissioners determined on June 17, 2013, that the operational and maintenance cost for the project through May 10, 2013 to be presently assessed is three million seven hundred seventy thousand nine hundred fifty eight dollars ($3,770,958). The purpose of this letter is to inform you that your property will be assessed in the amount set forth in the enclosed section of the proposed Preliminary Assessment Roll. The Board of County Commissioners shall confirm the amount stated during, or thereafter, a public hearing on August 5, 2013. A copy of the complete proposed Preliminary Assessment Roll is available for examination at the Office of the Clerk to the Board of County Commissioners. The New Hanover County Board of Commissioners will hold the PUBLIC HEARING at 6:00 P.M., or THEREAFTER, on AUGUST 5, 2013, at the Historic Courthouse, 24 N. Third Street, Wilmington, North Carolina 28401. The purpose of the hearing is not to receive comments regarding the basis of the assessments, but rather to consider the clerical and mathematical accuracy of individual assessments. The basis for the assessments was established on June 21, 1999, after a public hearing on that issue. TO REGISTER TO SPEAK AT THE HEARING, NOTIFY LISA WURTZBACHER, NEW HANOVER COUNTY FINANCE DIRECTOR, AT 910-798-7187 or Iurtzbacher @nhcgov.com BY WEDNESDAY, JULY 31st AT 12:00 NOON. CORRESPONDANCE CAN BE TO SENT TO THE ADDRESS NOTED ABOVE. After the public hearing, the Board of County Commissioners will confirm the final assessment roll and determine the payment terms. An additional mailing will be sent to you containing this information. If you have any questions, you may reach Lisa Wurtzbacher, Finance Director, at 910-798-7187 Sincerely, Chris Coudriet County Manager Enclosure: Proposed Preliminary Assessment Roll Board of Commissioners Meeting 08/05/2013 10- 1 - 1 NOTICE OF PRELIMINIARY ASSESSMENT ROLL AND HEARING THEREON THE PUBLIC WILL TAKE NOTICE that a Preliminary Assessment Roll providing for special assessments to pay for relocation of Mason Inlet was prepared by directive of the New Hanover County Board of Commissioners on the 17th day of June 2013. A copy of the proposed Preliminary Assessment Roll is available for inspection in the office of the Clerk to the Board of County Commissioners. The New Hanover County Board of Commissioners will hold a public hearing on the Preliminary Assessment Roll at 6:00 p.m. or thereafter, on the 5th day of August 2013 at the New Hanover County Historic Courthouse, 24 North Third Street, Room 301, Wilmington, North Carolina for the purpose of hearing all interested persons and confirming the Assessment Roll. SHEILA L. SCHULT Clerk, Board of Commissioners County of New Hanover, North Carolina Date: June 20, 2013 Board of Commissioners Meeting 08/05/2013 10-2- 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 5, 2013 REGULAR ITEM. 11 DEPARTMENT: PRESENTER(S): Ken Vafier,Current Planning&Zoning Supervisor; and Chris O'Keefe,Planning& Inspections Director (Planning Board Representative: Dan Hilla) CONTACT(S): Ken Vafier; Current Planning & Zoning Supervisor, Shawn Ralston, Planning Manager and Chris O'Keefe,Planning& Inspections Director SUBJECT: Public Hearing NOTE: The petitioner has requested that this item be continued. Special Use Permit Request (S-590M,07/13) -Request by Janie Walker for an In-Home Child Daycare for Eight Children at 4432 Jason Court in the Churchill Estates Subdivision BRIEF SUMMARY: At their July 11, 2013 meeting, the Planning Board voted 6-0 to recommend approval of the special use request. One adjacent property owner spoke in support of the special use permit. One person spoke neutrally for the request, citing her support for the daycare,but concerns about the Ordinance requirements for designated parking spaces. The site plan provided was prepared by the applicant, and together with the other application materials, meets the minimum application requirements of the Ordinance. The subject property is zoned R-10, Residential and is classified as Urban according to the 2006 CAMA Land Classification Map. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the special use permit. ACTION NEEDED: (Choose one) 1. Grant the Special Use Permit as proposed; 2. Grant the Special Use Permit and add conditions to the Special Use; or 3. Deny the Special Use Permit on the grounds that the Findings of Fact violate one or more criteria. ATTACHMENTS: Board of Commissioners Meeting 08/05/2013 11 -0 5-590M Script 5-590M Staff Summary 5-590M Petition Summary 5-590M Adjacent Properties Map 5-590M Zoning Map 5-590M Land Classification Map 5-590 Applicant Materials Cover 5-590M Application Package 5-590M Letters of Support COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS'ACTIONS: The item was continued at the petitioner's request. Board of Commissioners Meeting 08/05/2013 11 -0 ITEM# SCRIPT FOR SPECIAL USE PERMIT S-590M, 07/13 Request by Janie Walker for an in-home child daycare for 8 children at 4432 Jason Court in the Churchill Estates Subdivision. The subject property is zoned R-10, Residential and is classified as Urban according to the 2006 CAMA Land Classification Map. Swear in witnesses 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Open the Public Hearing: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination/rebuttal (up to 5 minutes) e. Opponent's cross examination/rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Commissioner Discussion 5. A Special Use Permit which is denied may only be resubmitted at the discretion of the Planning Director. You may ask to continue the matter. Do you wish to do so? 6. Ask Applicant whether he/she agrees with staff findings and any proposed conditions. 7. Vote on the special use permit. ❑ Motion to grant the permit-All findings are positive. ❑ Motion to grant, subject to conditions specified below: (State Conditions) ❑ Motion to deny because, if completed as proposed,the development more probably than not: a. Will endanger the public health or safety for the following reasons: b. Does not meet all required conditions and specifications, in particular: c. Will injure the value of adjoining or abutting property in the following way: d. Will not be in harmony with the area in which it is located for the following reasons: Board of Commissioners Meeting 08/05/2013 11 - 1 - 1 SPECIAL USE PERMIT S-590M, 7/13: Daycare for up to 8 Children Request By: Janie Walker Location: 4432 Jason Court, Churchill Estates Subdivision Project History On May 7, 2009 the New Hanover County Planning Board considered a request at this location to increase the capacity of an existing in-home daycare facility from 5 to 8 children. The Planning Board unanimously approved a motion recommending approval of this request. The request was subsequently denied by the New Hanover County Board of Commissioners at the June 1, 2009 meeting due to concerns with the proposed access drive not being consistent with the general appearance of the neighborhood. Staff has accepted a resubmission of the request as the applicant has made substantial changes to address the issues discussed in 2009, including: 1. A revised access and parking plan consistent with the general appearance of the neighborhood. The access has been reconfigured to abandon a proposed circular driveway and will utilize the existing drive, which will have visual markers to designate parking space in order to meet the access requirements specified in Section 72-20(2) of the New Hanover County Zoning Ordinance. 2. The installation of a solid privacy fence on the northwestern property boundary to address concern over separation of pets from the children. Planning Board Action The New Hanover County Planning Board, at the July 11, 2013 meeting,voted unanimously to approve a motion recommending approval of the request in compliance with the requirements of Section 72-20 of the New Hanover County Zoning Ordinance. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public water and sewer serves the property. B. The property accesses N. Kerr Avenue, an identified arterial, by Grathwol Drive a local street. C. Level of Service on N. Kerr Avenue is rated as D; meaning traffic is approaching unstable flow with speeds slightly decreasing as traffic volume slightly increases. D. Average daily traffic counts along N. Kerr Ave. in the vicinity decreased by about 23% between 2009 and 2011. E. Traffic Impact Analysis is not required because traffic for this use will not reach the threshold of 100 peak hour trips. F. Fire Service is available from the Ogden Fire Department. G. The property is not located in a flood hazard area. H. The proposed facility is a single family residence.The applicant currently keeps 5 children. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. S-590M, (07/13) Page 1 Board of Commissioners Meeting 08/05/2013 11 -2- 1 A. The property is zoned R-10 Residential. B. Off-street parking requirements must meet Article VIII of the New Hanover County Zoning Ordinance. (Four spaces for drop-off and pick-up in addition to the two spaces required for the residence.) C. An existing paved driveway with access to Jason Court for ingress and egress will be improved to meet access requirements detailed in Section 72-20(2). D. There is an existing play area which is enclosed by a chain link fence that is four feet high as required by the ordinance. E. The day care must be licensed by the State of North Carolina. F. In accordance with Section 72-20 no outside signs in excess of 2 sq.ft. shall be permitted. G. All other local, state and federal requirements must be met, including possible property upgrades to meet building codes and fire safety codes. Staff Suggestion:Evidence in the record at this time supports a finding that the use meets all required conditions and specifications of the Zoning Ordinance. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Child care facilities exist in other residential districts in New Hanover County.The applicant has been operating a home daycare in the neighborhood. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. Staff Suggestion: The evidence in the record at this time supports a finding that the use will not substantially injure the value of adjoining or abutting property. 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 2006 Land Use Plan Update identifies this area as Urban. B. Policies in the 2006 Land Use Plan do not specifically address daycare needs. Staff Suggestion: The evidence in the record at this time supports a finding that the location and character of the use if developed according to the plan as submitted will be in harmony with the area and in general conformity with the plan of development for New Hanover County. Summary The proposed in-home child daycare meets the requirements in the New Hanover County Zoning Ordinance, specifically Section 72-20. Staff finds that evidence presented is positive for each of the required findings of fact. ACTION NEEDED: (Choose one) 1. Grant the Special Use Permit as proposed; 2. Grant the Special Use Permit and add conditions to the Special Use; or 3. Deny the Special Use Permit on the grounds that the Findings of Fact violate one or more criteria. Staffs Recommended Motion: Grant the Special Use Permit as proposed. S-590M, (07/13) Page 2 Board of Commissioners Meeting 08/05/2013 11 -2-2 S-590M, (07/13) Page 3 Board of Commissioners Meeting 08/05/2013 11 -2-3 Case: 5-590M, 7/13 In-home daycare for 8 children Petition Summary Data Owner/Petitioner: Janie Walker Existing Land Use: Single Family Home (currently keeps 5 children) Zoning History_ July 1, 1972 (Area 9A) Land Classification: Urban Water Type: Public Sewer Type: Public Recreation Area: Ogden Park Access & Traffic Volume: N. Kerr Avenue (arterial)via Grathwol Dr. to Jason Ct. Nearest ADT 2009 =14,308; ADT 2011 = 11,000 or -23% LOS=D Fire District: Ogden Fire Department New Hanover County Fire District(North) Watershed& Water Quality Classification: Smith Creek C;Sw 303(d)list Aquifer Recharge Area: Primary or secondary recharge for the principal aquifers Conservation/Historic/Archaeological Resources: None Soils: Wr-Wrightsboro Fine Sandy Loam Septic Suitability Class 11 Moderate Limitations Schools: Blount Elementary Board of Commissioners Meeting 08/05/2013 11 -3- 1 Y . Board of Commissioners Meeting .. 08/05/2013 11-4-1 5-590M,7/13 PB Label OWNER Label OWNER 1 ALTMAN DAVID M JENNIFER A 75 WILKINS HENRY T DIXIE 1 2 ARITA BARRY LTHERESA M 76 WILSON CHARLES K HOLLY W 3 BARRETT CHRISTOPHER ALISON GEORGE 77 WILSON DOUGLAS 4 BENTZLER JASON S SARAH R 78 WILSON MICHAEL BERNEDA 5 BLANCHARD KRISTIN LYNN 6 BLANCHARD LYNN BOOKER 7 BLOCK ERNIE M JUDY M 8 BOMBELYN MONTY L 9 CLINE ROBERT LUANNE 10 COATS BRENT JOY 11 DEERBROOK LLC 12 DEERBROOK OWNERS ASSN INC 13 DICKINSON CHARLES B III 14 DIGGS KEITH T MARY E 15 DIXON RENEE 16 EVANGELISTA VICTOR J 17 FEDERAL NATIONAL MORTGAGE ASSOC 18 GOODMAN RUTH ANN ETAL 19 GRIFFIN CASEY BRIAN TERRI B 20 HAGER TED E JR LISA M 21 HANSEN HUGO TJR SUSAN C 22 HARPER LEWIS KAREN B 23 HELOU SHAREEN 24 HENDRIX MICHAEL R FAMILY IRREVOC TR ETAL 25 JACOBS KRISTOPHER B DEBRA 26 JACOTT JOSE RUTH 27 JACOTT MYRNA 28 JECHA ARTHUR J DOROTHY LIFE EST 29 JOHNSON DELBERT L BRENDA 30 JONES CORA E ETAL 31 JOYNER KENNETH M JUDY F 32 KISSLING SHARON ANNE 33 LAMA RALPH ALAN MARY ANN 34 LAMPROS STEPHEN MARTHA P ETAL 35 LANGE JOHN X 36 LELOUDIS HILDA B 37 LEONARD JOHN TJR SUSAN MARY 38 LEWIS ALANAC 39 MALLARD JOHN A SR CAROLYN S 40 MARUHN STACY 41 MCCRIMMON MARYANN 42 MICHAEL DAVID A FAITH L 43 MILLER GARY B 44 MORROW HOLLY D 45 MOYE RUTH A 46 MURRAY MICHAEL R KRISTINA LEIGH 47 NIXON MELVIN T BETTIE LYDE 48 NUNGESSER DONALD B DEBBIE L 49 ONEIL GORDON L LIVING TRUST 50 PHIPPS MICHAELJ 51 POHLMAN DIANE 52 RAZILLARD LISA 53 REESE SHANNON C 54 RICHBURG JAMES E JR BARBARA B 55 RIPLEYSANDRA 56 ROGERS RONALD W 57 ROMERO HENRY R CRYSTAL L 58 ROWE RONNIE R 59 SAFRIET DALLAS W 60 SEGRE MARC SUSAN 61 SHAFFER KRISTIE BUNDY 62 SHERWOOD MATTHEW KELLY 63 SIDBERRY TERRY 64 SMITH GARLAND RCINDY B 65 SPENCER BARBARA A 66 STACKHOUSE JAMES MILTON 67 STALLINGS JEFFREY D LYNNE S 68 STONE CHARLES KEVIN 69 URENA WILLIAM B NILSA 70 VAUGHAN KENNON K PATRICIAT 71 VERA OMERO M GRISEVELIA MARTINEZ 72 WALKER DANIEL LJR JANIE W 73 WHITE JONATHAN LEE 74 WILDER WILLIAM C Board of Commissioners Meeting 08/05/2013 11-4-2 ^ \� . . _ . . y. �ys�# - � �'\� _ - � a 4 \ _ ' � - \¥\ �� \ � - ��%� � �� - � _ ..,x \ . \ �� > \ . y \ > . - f, - a z : : . I � . \ \ �� I ; \ � I � , I � - « I (��r � . �r ƒ^ § :� . � I \ �I � II I � - � 2 I « . \. APPLICANT MATERIALS Board of Commissioners Meeting 08/05/2013 11 -7- 1 Board of Commissioners Meeting 08/05/2013 11 -7-2 ■ lip ,M ■ NEW M= MR Drive Pg#Uoner Information ect Property MEW MEW El ELL ■ f i III IL'' I ■ ■ State,Zip ■ sly mom jurl �r ■ ■ ■ . -h o + W L ' i■M #w be 1 ►r - ■ . . 1he case} � 7 ■ ■ 4. �� a in e,'"c ano Page 1 of 4 ■ "� f Board of Commissioners Meeting S (3/13) 08/05/2013 11 -8- 1 1 410al Use Permits(other than di 'dial lots jjdbd6I%wwO*min V" oners«The Commissioners %**#N*In VwVPW*Wimirig&Zoning,twenty{2 " advertisement as required by ___ �assembly Room at the 4 ' 1 lcsts Est b accepted by Planning&Zoning Applieati�as for single-family dwellings f rA at imovAotimoi 4 pursuant to section 71.The - t°Linder each req ' so"T* 16 OW ILME IJONWW 6m 16 rw#ami oise satisfies these requireme OHMM 1 ■ 16*SonAmmt 'that the use will not material 16the an as submitted and a ' m�„ s. AWI x x v. x r ° x x..x .v... a .'w�3... x••:.x � x3ik °x .. xk x#,e. �:_. .� ��S' s .,'',x:�r � n� .: x.. %.o' ..x ]]3x.. l F x ON 6a g�xv LP r Pad 2 of 4 Board of Commissioners Meeting (3113) 08/05/2013 11 -8-2 r z r x = f General RequiremeRM The Board must find ..Til will be in hannony with the area ' -k Hanover r County." ��-ML �1 � n Page 3 of 4 Board of Commissioners Meeting (3/13) 08/05/2013 11 -8-3 j N � a ,�. r .� � i �., ti ,f �.. +`� I � � ;, . �, 'I d } '` d t �:�8 ��. . C` $. II ,,7��:. ',,,.,,.f 11rI I f 1 II �� I' ��}. �1 � ;� PROPOSED PLAN Board of Commissioners Meeting 08/05/2013 11 -8-5 Sim v wx W } i t} .... .............. � � xv ...... � xv t a � t a u U�w It ZA L ..n..n..n 10!E K. x x:: .... 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L ]16L - WwarytyDeed o R '.= 3116/2009 2:56 PM Board of Commissioners Meeting 08/05/2013 11 -8- 10 tpn/1 ta , cgc)3, m?rod` / jardi v 4 uY s now 1,670 1,670 2 0 4--os, L WrrH AC p iw- Addiflous Card AddRionNumber � 0 FOR 1 2 mm Cod 1 0 aim 9,320 THE DATA IS FROM Deus Hanover County[D birner] [PH 3/16/2009 2:58 PM Board of Commissioners Meeting 08/05/2013 11 -8- 11 IWIF To:New Hanover County Planning Department My naur*Imir 104mr(Ikmy Walker) owner of Trustffi"M Ffrk MWWT 4432 J"m*6,MWmij**w kr,28405,1 am writing this kM&jmmmw I mj"ffir a permit MW 7,JM JU Ma JWied the permit for several wanw. I vomk Me*ow submit for Is mjmid jmmk Wig;that I have been in buW=ft I=jMawA&w W no posAwm orowwffiAmimm. I%Preason for this letter is to e and wl*I ZEW JWK"16". 1 have one family with 46m Wk"**w66w are gcoin parent would like for ANSM 5%IMO w&%Amj that I will ham%w 3*wVr*AM,wd it would be a convince Iff jol.I mku km child tM W UM AR ma Mk a year that is going to publk*Asoi vag i4m w#qkp love for me ld for after school., I caia%A&A Mhum*m xWpoermit but is rolmmoiS tim grq#4 rWit to be able to get the eijjL Jh�1jr jmzM a pick nib 9 ANAwd Rkw wJ Joill not have more than the 4&to sm*1L We aIsjF w"d An qr Wkffil*a Rim Int TM MWEWAave on file for the drivewaf am that PAwvAOwA*wilwys for the driveway but 1E will be Zffift It A AM 0 LU of us , so that we are in compliance. We apIM&WO j=&1&&MM matter Thank you, Janie Walker Board of Commissioners Meeting A 08/05/2013 11 -8- 12 ■ s IFIF Y ■ l�f ■ ! ■ ■ 1. ■Emu" QM LA y Board of Commissioners Meeting 08/05/2013 11 -9- 1 tI ... .............. .... .... ......>. ..w...- ................... .................. i ........... .... n ■ a . .... uv. ........m. ....n • 1 _ N m w u.......,. .................nn ■ ■ _ ! _— r ■ ■ - � t $ � ■ ,x ! m., � v 1 ........... ............ ■ t� r' w l _.._. ...._.._.._.._.._.._.._.. _. .. ... 06-6-2011 To whom it mV *rSVL wMwAvk MR Mrs Walker to In milk a AM IW M m6md MW NO Om I 9WW.- I SAMIN I I=&no�hm AM m Trusiteghands I wql&kn IS b= her in her care.A IMIIW I WMW 00 al�Zj 08ag-W SIUM 9 ORW I!UWIjdwwb im no afternoon so thA io"f SK% NjM"VPWARW 10 W w0al WMWMM ipliji. tif-,IOMM Mk im ft only place that Rf lii%law*16 p�At-k Ko**Aqwav*64 wW Akw&wW6A@-AwN ww*k*ism" when i get there V jjmL Jbim W im J* permit,if you h loo 4 1 'Thank you, Courtney Billingsley Board of Commissioners Meeting 08/05/2013 11 -9-3 6-7-11 MR JR IN ANWLM AN" AM AN"JIM OW IaMefroni my understanding, Q6 ZC 'T ww"kv r"t"t Ow Jim 1 0 - A*r MW day kids and in order to 411M W going to TrusitughandsforAwoo Pwjwt amf I in air ow Aft Nbw ftw&I&mkkw ar ter FCCH,, my child time-AN& w Wipm, I warwwwi*.�ww&w mo Apooff wy request to grant Mrs I I A&M 99 pF=Jfffl%JM aWW"to discuss,please fill free b iwM aw Thankyou, Marquetta Mosley Board of Commissioners Meeting 08/05/2013 11 -9-4 Sop"board, N�y maw 16 VW�i rMA6 aA I AV im Sk*wIM next door in Deer Brooh iop walking dirt an% %offiffl'i NMWMIAIJ�W before work, I am 46 Imit*w 6*o*w% WJrA' 4 go mo@AU .m mp*%w ji *W Jim letter on behalf mr MVM 1016 driveway in piqjogn n the fence, as if thef w#*pAig b Not Thank you for y concern about this matter. Thank you,Vicky Pigotte Board of Commissioners Meeting 08/05/2013 11 -9-5 06-0617 I&ME JIA"board, ■ 16%ft npwft wA I dk* walking distann er ims MM Mh im*&U W%* 's house, other times I AW M before work,I ow Ut%o*wm io*ww 4m U"M I*&*ommoimg , so my time is 9e4 <I letter on behalf iff NENENOW 10 JEMN 1*JMM An pMO. It has never be any confus6m]k no driveway in piAiopg qW wr+*jpw 4 4a pv&wwjjp Im kuNjag dogs next to the daycare on the fence,as if thd7 W gp%R*4wfflk* rIM&M Er YWE low me ju�is my concern about this matter. Thank you,Vi cky Pigotte Board of Commissioners Meeting 08/05/2013 11 -9-6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: August 5, 2013 REGULAR ITEM. 12 DEPARTMENT: PRESENTER(S): Chris O'Keefe,Planning and Inspections Director (Planning Board Representative: Dan Hilla) CONTACT(S): Chris O'Keefe, Planning & Inspections Director, Shawn Ralston, Planning Manager, Sam Burgess, Senior Planner SUBJECT: Public Hearing Rezoning Request (Z-926,06/13) - Request by Paramount Development Corporation on Behalf of New Hanover Regional Medical Center Employee Pension Trust and the YMCA of Wilmington, Inc. to Rezone 44.68 Acres Located at 8025 and 8107 Market Street from B-2, Highway Business and R-15, Residential to CZD (B-2), Conditional Zoning District Highway Business in Order to Develop a Retail Center. BRIEF SUMMARY: On June 6, 2013, the Planning Board continued the item at the petitioner's request until five issues relating to the project could be addressed. 3 people spoke in support of the rezoning request and 12 people spoke in opposition citing concerns with buffering from adjacent neighborhoods, noise from the rear loading area in relation to the surrounding neighborhoods,internal access leading into the adjacent Medac facility and traffic concerns on Market Street. One person spoke neutrally citing concerns only with the proposed median on Market Street. On July 11,2013,the Planning Board recommended approval of the petitioner's request.No people spoke in support of the request and 3 spoke in opposition citing concerns with internal access leading into the neighboring Medac facility and traffic concerns on Market Street. The vote by the Board was 6-0 with 6 conditions that had been recommended by staff and 8 conditions that had been proposed by the petitioners as a result of communication they had with the neighboring communities for a total of 14 conditions. The 14 conditions approved by the Planning Board included: July 11, 2013 Approved Staff and Planning Board Recommended Conditions: 1. Complete all roadway improvements as recommended in the TIA and incorporated within a NCDOT Encroachment Permit prior to the issuance of an occupancy permit; 2. Construct and dedicate Hays Ln. as a public collector road meeting or exceeding minimum NCDOT standards along with a maintenance agreement until such time that the road is accepted and maintained by NCDOT. 3. Receive certification from the Army Corps of Engineers (Corps) for the wetlands onsite prior to development approval, and adapt site plan as necessary to comply with Corps permit requirements; 4. At such time as a bus route begins operation to the site, developer will work with the Cape Fear Public Transportation Authority (WAVE Transit) to construct a bus shelter and trash receptacles on the east side of the Walmart facility. 5. As the budget allows, install landscaped median sections. Responsibility for maintenance of median sections will be defined in a development agreement and subject to approval of the New Hanover County Board of Commissioners. Board of Commissioners Meeting 08/05/2013 12-0 6. The site plan should display the inverted islands with the parking area in front of Walmart and the off- site street labeling of Hays Lane. July 11, 2013 Approved Petitioner Recommended Conditions: 1. Provide a sound wall along the anchor tenant rear wall packs that is at least 10' in height. 2. Shield the perimeter lights. 3. No pole lights along the anchor tenant rear drive. 4. Limit the height of the rear wall packs. 5. No overnight RV parking. 6. Augment perimeter tree buffer area with minimum 10' trees to eliminate any bare areas along the anchor tenant rear property line. 7. No breaks in the back fence located near the Country Haven subdivision. 8. Raise parapet wall 3' along rear and side of anchor tenant. 12 of the 14 conditions were incorporated into a revised site plan that was submitted to staff after the Planning Board public hearing. That site plan has been included for consideration for this Board of Commissioners meeting. The remaining 2 conditions that were not included on the revised site plan and that are recommended by staff are the following: 1. Receive certification from the Army Corps of Engineers (Corps) for the wetlands onsite prior to development approval, and adapt site plan as necessary to comply with Corps permit requirements; 2. As the budget allows,install landscape median sections. Responsibility for maintenance of the median sections will be defined in a development agreement and subject to approval of the New Hanover County Board of Commissioners. The subject properties are classified as Transition according to the 2006 CAMA Land Use Plan and are located within the Market Street Corridor Plan and the Porters Neck Small Area Plan. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Build and maintain infrastructure • Implement plans for land use,economic development,infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval with the following conditions: 1. Complete all roadway improvements as recommended in the TIA and incorporated within a North Carolina Department of Transportation(NCDOT) Encroachment Permit prior to the issuance of an occupancy permit; 2. Construct and dedicate Hays Lane as a public collector road meeting or exceeding minimum NCDOT standards along with a maintenance agreement until such time that the road is accepted and maintained by NCDOT; 3. Receive certification from the Army Corps of Engineers (Corps) for the wetlands onsite prior to development approval, and adapt site plan as necessary to comply with Corps permit requirements; 4. As the budget allows, install landscape median sections. Responsibility for maintenance of the median sections will be defined in a development agreement and subject to approval of the New Hanover County Board of Commissioners. Board of Commissioners Meeting 08/05/2013 12-0 ACTION NEEDED: Adopt a statement in accordance with NCGS 153-A-341 which requires that"Prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether its 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 for Approval: The Board of County Commissioners find that this request for a zoning map amendment of 44.68 acres from B-2 Highway Business and R-15 Residential to CZD (B-2), Conditional Zoning District Highway Business as described is: 1. Consistent with the purposes and intent of the "Transition" classification in the 2006 CAMA Land Use Plan. 2. Reasonable and in the public interest to rezone 44.68 acres from B-2 Highway Business and R-15 Residential to CZD (B-2), Conditional Zoning District Highway Business. Example for Denial: The Board of County Commissioners find that this request for a zoning map amendment of 44.68 acres from B-2 Highway Business and R-15 Residential to CZD (B-2), Conditional Zoning District Highway Business as described is: 1. Not consistent with the purposes and intent of the "Transition" classification in the 2006 Land Use Plan and/or the Porters Neck Small Area Plan. 2. Unreasonable and not in the public interest to rezone 44.68 acres from B-2 Highway Business and R-15 Residential to CZD (B-2), Conditional Zoning District Highway Business. Staff Suggests the Following Motion: Motion to approve the zoning map amendment for 44.68 acres from B-2 Highway Business and R- 15 Residential to CZD (B-2), Conditional Zoning District Highway Business with the above conditions for the following reasons: 1. The proposal is consistent with the purposes and intent of the Transition classification in the 2006 CAMA Land Use Plan and the Porters Neck Small Area Plan; 2. It is reasonable and in the public interest to rezone 44.68 acres from B-2 Highway Business and R-15 Residential to CZD (B-2), Conditional Zoning District Highway Business. ATTACHMENTS: Script Z-926 Staff Summary Z-926 Petition Summary Z-926 Neighboring Parcels Map Z-926 Zoning-Aerial Map Z-926 July 11 PB Action Letter Z-926 June 6 PB Continuance Letter Z-926 Applicant Materials Cover Z-926 Application Proposed Site Plan Cover Z-926 Site Plan-7-19-13 Z-926 Proposed Uses Z-926 MPO TIA Application Z-926 Traffic Impact Worksheet Z-926 TIA Approval Letter Z926 Median Cost Evaluation-6-17-13 Z-926 Landscape Median Cost Evaluation Z-926 Tax Maps Z-926 Legal Description Z-926 Community Meetings Report Board of Commissioners Meeting 08/05/2013 12-0 Z-926 Walmart Elevations Z-926 Rear Facade Z-926 Landscape Buffer Update Z-926 Landscape Buffer Schematic Z-926 Streetscape Update Z-926 Agency Comments Z-926 Stormwater Approval Letter Z-926 WAVE Transit Comments Z-926 Community Comments Package COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with conditions as presented by staff and agreed by applicant. COMMISSIONERS'ACTIONS: Approved with conditions as presented by staff and agreed by applicant, as well as conditions to post signage restricting overnight parking of recreational vehicles and that renderings be incorporated into the site plan,by a vote of 4-0. Board of Commissioners Meeting 08/05/2013 12-0 SCRIPT FOR REZONING: CONDITIONAL ZONING DISTRICT (Z-926 06/13) Request by Paramount Development Corporation on behalf of New Hanover Regional Medical Center Employee Pension and the YMCA to rezone 44.68 acres located at 8025 and 8107 Market Street from B-2 Highway Business and R-15 Residential to CZD (B-2) Conditional Zoning District Highway Business in order to develop a retail center. The subject properties are classified as Transition according to the 2006 CAMA Land Use Plan and are located within the Market Street Corridor Plan and the Porters Neck Small Area Plan. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Open the Public Hearing a. Staff Presentation b. Applicant's Presentation (up to 15 minutes) c. Opponent's Presentation (up to 15 minutes) d. Applicant's cross examination/rebuttal (up to 5 minutes) e. Opponent's cross examination/rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. If a rezoning is denied a new application may only be submitted within 12 months of the denial if there is a substantial change in the original petition for rezoning. Do you wish to proceed or do you wish to continue the matter? 5. Ask Applicant whether he/she agrees with staff findings and any proposed condition. 6. Vote on Rezoning The motion to rezone should include a statement saying how the change is or is not consistent with the land use plan and why it is reasonable and in the public interest. Examples of motions appear on the agenda item cover sheet. Board of Commissioners Meeting 08/05/2013 12- 1 - 1 CASE: Z-926,06/13 PETITIONER: David Harner, Paramount Development Corporation on behalf of the YMCA of Wilmington, Inc. and New Hanover Regional Hospital Employee Pension Trust REQUEST: Rezone from B-2 Highway Business and R-15 Residential to CZD (B-2), Conditional Zoning District Highway Business ACREAGE: 44.68 LOCATION: 8025 and 8107 Market Street (US Highway 17 Business) Parcel ID Numbers: R03600-003-079-000 (New Hanover Regional Hospital) R03600-003-119-000 (YMCA of Wilmington, Inc.) R03600-003-201-000 (New Hanover Regional Hospital) R03600-003-202-000 (New Hanover Regional Hospital) LAND CLASS: Transition PLANNING BOARD ACTION: On June 6, 2013, the Planning Board continued the item at the petitioner's request until five issues relating to the project could be addressed. 3 people spoke in support of the rezoning request and 12 people spoke in opposition citing concerns with buffering from adjacent neighborhoods, noise from the rear loading area in relation to the surrounding neighborhoods, internal access leading into the adjacent Medac facility and traffic concerns on Market Street. One person spoke neutrally citing concerns only with the proposed median on Market Street. On July 11,2013, the Planning Board recommended approval of the petitioner's request. No people spoke in support of the request and 3 spoke in opposition citing concerns with internal access leading into the neighboring Medac facility and traffic concerns on Market Street. The vote by the Board was 6-0 with 6 conditions that had been recommended by staff and 8 conditions that had been proposed by the petitioner as a result of communication they had with the neighboring communities for a total of 14 conditions. The 14 conditions approved by the Planning Board included: July 11, 2013 Approved Staff and Planning Board Recommended Conditions: 1. Complete all roadway improvements as recommended in the TIA and incorporated within a NCDOT Encroachment Permit prior to the issuance of an occupancy permit; 2. Construct and dedicate Hays Ln. as a public collector road meeting or exceeding minimum NCDOT standards along with a maintenance agreement until such time that the road is accepted and maintained by NCDOT. 3. Receive certification from the Army Corps of Engineers (Corps) for the wetlands onsite prior to development approval, and adapt site plan as necessary to comply with Corps permit requirements; 4. At such time as a bus route begins operation to the site, developer will work with the Cape Fear Public Transportation Authority (WAVE Transit) to construct a bus shelter and trash receptacles on the east side of the Walmart facility. 1 Board of Commissioners Meeting 08/05/2013 12-2- 1 5. As the budget allows, install landscaped median sections. Responsibility for maintenance of median sections will be defined in a development agreement and subject to approval of the New Hanover County Board of Commissioners. 6. The site plan should display the inverted islands with the parking area in front of Walmart and the off-site street labeling of Hays Lane. July 11, 2013 Approved Petitioner Recommended Conditions: 1. Provide a sound wall along the anchor tenant rear wall packs that is at least 10' in height. 2. Shield the perimeter lights. 3. No pole lights along the anchor tenant rear drive. 4. Limit the height of the rear wall packs. 5. No overnight RV parking. 6. Augment perimeter tree buffer area with minimum 10' trees to eliminate any bare areas along the anchor tenant rear property line. 7. No breaks in the back fence located near the Country Haven subdivision. 8. Raise parapet wall 3' along rear and side of anchor tenant. 12 of the 14 conditions were incorporated into a revised site plan that was submitted to staff after the Planning Board public hearing. That site plan has been included for consideration for this Board of Commissioners meeting. The remaining 2 conditions that were not included on the revised site plan have been incorporated into the Staff Position section of this document. STAFF SUMMARY: LOCATION OF SUBJECT PARCELS: The subject properties are located near the 8100 block of Market Street. The petition includes four parcels that comprise 44.68 acres. Three of the parcels have the address 8107 and one has the address 8025. The 8107 parcels are currently zoned B-2 Highway Business (see attached map) to a depth of approximately 975 feet. These parcels are largely undeveloped with the exception of a water tower and telecommunications tower that have access through utility easements. A State Employees Credit Union is located on a separate parcel that is surrounded by 8107. 8025 is currently zoned R-15 Residential. The subject properties are situated near a large existing commercial node located at the Market Street-Porters Neck Road intersection. A variety of services are located within the node that include but are not limited to: restaurants, grocery stores, banks, and a Lowes Home Improvement store. Several medical facilities are also located nearby including a Medac located just north of the subject parcels. Immediately behind the subject properties to the north and west are two residential communities: Country Haven subdivision established in the late 1980's and Cypress Pond Apartments developed in the 1990's. To the south of the subject properties is a combination of an undeveloped 0&1 zoning district that extends approximately 250' back from Market St. and a residential community located off of Sweetwater Drive recorded as the L.D. Webb Division. HISTORY OF ZONING ON SUBJECT PARCELS: The original zoning for the subject properties occurred in 1971 and 1972. 8107 was rezoned in September, 2000 from R-15 Residential to B-2 Highway Business with a Special Use Permit for an Indoor/Outdoor Recreation Facility that was not constructed. Presently, most of the property is vacant with the exception of a 2 Board of Commissioners Meeting 08/05/2013 12-2-2 water tower constructed in 2006, and a telecommunications tower approved as a Special Use Permit in February 1996. There is also an abandoned Duke Energy Progress facility located toward the northern portion of the property that has been in existence since the 1970's. CHARACTER OF THE AREA: Current Zoning:The purpose of the B-2 Highway Business District is to provide for the proper grouping and development of roadside business uses which will best accommodate the needs of the motoring public and businesses demanding high volume traffic. The purpose of the R-15 Residential District is to insure that residential development will occur at sufficient low densities to insure a healthful environment. Proposed Zoning: The proposed zoning is CZD (B-2) Conditional Zoning Highway Business. The purpose of the CZD procedure is to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the objectives of the Zoning Ordinance and where only a specific use or uses is proposed for the project. Although similar to the Conditional Use District, the CZD does not require a companion Special Use Permit and the hearing is not quasi-judicial. However, like the CUD, the CZD requires that a specific site plan accompany the application, that a Traffic Impact Analysis be completed and that a community meeting be held prior to the submittal of an application. The subject project includes a proposal to accommodate a major anchor tenant, in this case Wal-Mart, and a series of retail and office establishments in order to service the need of a growing Porters Neck area. The petitioner's site plan displays a total of eight (8) proposed shops and outlots along with the Wal-Mart facility. The Wal-Mart is proposed to be 189,544 square feet. The eight shops and outlots are proposed to be a total of 70,780 square feet. Two of the eight shops proposed will consist of 22,440 and 20,540 square feet. Smaller shops and outlots will range in size from 4,000 square feet to 6,300 square feet. A list of specific uses has been provided on the site plan for the shops and outlots and will be limited to banks, restaurants, general mercantile, general retail, office, medical, automobile service station/gas station and convenience store. Based on the developer's phasing schedule, construction is slated to begin between October 2013 and October 2014. Full build-out is slated for March, 2015. Based on the site plan, the following is the square footage of the proposed structures, the accompanying parking spaces that are proposed, and the Ordinance minimum for the proposed uses: Building Type Sauare Footage Parking Spaces Provided Ratio Anchor Tenant (Wal-Mart) 189,544 781 4.12 Shops (6) 61,780 247 4.00 Outlots (2) 9,000 74 8.22 Total: 260,324 1,102 4.23 Traffic: Market Street is an arterial roadway and principal gateway leading into New Hanover County from Pender County. The average daily trip count near the 8100 block of Market Street in front of the State Employees Credit Union (SECU) was 37,654 vehicles (April, 2013 data). This figure represents an "E" Level of Service (LOS) meaning that traffic counts are approaching design capacity of the road. The traffic impact worksheet prepared by the petitioner's traffic engineer indicated that the proposed retail center would generate approximately 511 a.m. peak hour trips and 976 p.m. peak hour trips. Therefore a full Traffic Impact Analysis (TIA) was required in accordance with Section 61.4 of the County's Zoning Ordinance. 3 Board of Commissioners Meeting 08/05/2013 12-2-3 The TIA conducted by Ramey Kamp and Associates estimated that 705 a.m. peak hour trips and 1,568 p.m. peak hour trips would be generated by the proposed retail center. Total primary new trips generated from the site at build-out would be 10,388 (based on 24 hour volume). The TIA has been reviewed by the North Carolina Department of Transportation (NCDOT), Wilmington Metropolitan Organization (WMPO), and County Planning staff. A TIA approval letter was received on May 2, 2013. Based on the TIA approval, the developer would be responsible for the following improvements prior to the issuing a certificate of occupancy for the retail center: 1. Market Street at Porters Neck Road (signalized) • Provide initial signal timings to integrate the intersection into existing Market Street AM & PM peak timing plans • Provide a CCTV camera • Provide additional pavement as needed to accommodate u-turn movements 2. Market Street at Office Driveway/Site Driveway#3 (Medac) • A 2002 recorded deed indicates a 30' ingress/egress easement between this property and the adjacent Medac property • Provide a 100' internal protected stem • Install a median from the proposed signal at Site Driveway# 1 (SECU/WHA intersection) to the existing concrete median to the north. Provide a left over at Cypress Pond Way. Required storage length for the left over at Cypress Pond Way to be determined. Provide additional pavement as needed to accommodate u-turn movements. 3. Market Street at Proposed Site Driveway# 1 (Ingress/Egress from SECU &Wilmington Health.) • Construct Site Driveway 1 as a full access intersection with two (2) inbound lanes and five (5) outbound (2 left, 1 thru, 2 right) lanes • Provide a 300' internal protected stem for the proposed development and 100' internal protected stem for the existing medical campus (WHA) across Market Street • Construct dual northbound left turn lanes with a minimum of 350' of full width storage and appropriate taper • Extend southbound Market Street right turn lane to 350' • Construct an exclusive westbound left turn lane • Install a traffic signal—there will not be split side signal phasing • Provide accommodations to coordinate with the City of Wilmington's traffic signal system to initial timings and equipment to integrate the proposed signal into existing Market Street AM & PM peak timing plans • Provide additional pavement as needed to accommodate u-turn movements 4. Market Street at Proposed Site Driveway#2 (Southwestern Portion of Project) • Access shall be limited to right-in and right-out only • Provide a 200' right turn lane southbound on Market Street • Provide a 100' internal protected stem 5. Market Street at Mendenhall Drive/Marsh Oaks Drive • Optimize signal timings • Install a median from Marsh Oaks Drive to the proposed signal at Site Driveway# 1 4 Board of Commissioners Meeting 08/05/2013 12-2-4 • Provide storage lengths for southbound lefts into Marsh Oaks and u-turns • Provide initial signal timings to integrate the intersection into existing Market Street AM & PM peak timing plans • Provide additional pavement as needed to accommodate u-turn movements 6. Market Street/Torchwood Blvd/Bayshore Drive • Provide new signal plans with revised phasing and timing plans to integrate the intersection into the existing Market Street AM & PM peak timing plans • Provide additional pavement as needed to accommodate u-turn movements The applicant/petitioner will be required to obtain an NCDOT Driveway Permit for access to the State road network.All applicable NCDOT Driveway access technical standards and policies will apply. If changes are made to the proposed site driveways, land use and/or intensity, the traffic study parameters will need to be modified and a revised TIA will be required for review by NCDOT and the WMPO. COMMUNITY SERVICES: Water/Sewer: Water is currently available to serve the site. Presently, there is no sewer capacity available at the Country Haven Pump Station, but the Cape Fear Public Utility Authority (CFPUA) is in the process of upgrading the force main and pump station. According to the CFPUA, a developer agreement is currently being crafted and would allow the project to proceed with conditional sewer permitting and conditional CFPUA building permit approval. Fire Protection:The property will be served by New Hanover County Fire Services. A fire hydrant layout will be required in addition to a sprinkling system. Stormwater and Environmental Considerations:An Authorization to Construct (ATC) will be required for the project to mitigate negative impacts to drainage. The primary outlet under and across Market Street will be analyzed for capacity. A Sedimentation and Erosion Control Permit will be required as well. The primary drainage basin is the Pages Creek Watershed, which is classified as SA-HQW (Shellfish - High Quality Waters). The soils maps indicate the presence of Kureb, Leon, Murville, and Rimini soils on the subject properties. Kureb and Rimini sands are classified as Class I soils with suitable to slight limitations. Leon and Murville are classified as Class III soils with severe limitations and are known to require extensive modifications and intensive maintenance. 404 wetlands exist near the southwestern corner of the proposed project. According to the County's Conservation Overlay maps, no conservation areas are located on site. The subject properties also did not indicate the presence of any cemeteries, archaeological sites or floodways. COUNTY'S POLICIES FOR GROWTH AND DEVELOPMENT: CAMA Land Use Plan: The subject properties are classified as Transition according to the jointly adopted 2006 City-County CAMA Land Classification Map. The purpose of the Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The location of these areas is based upon land use planning policies requiring optimum efficiency in land utilization and public service delivery. 5 Board of Commissioners Meeting 08/05/2013 12-2-5 • Policy 4.3 of the 2006 CAMA Land Use Plan states the need to maximize effectiveness of commercial uses by assuring that land is available for commercial uses within close proximity to the markets they serve and by ensuring that such commercial uses do not diminish the quality of life in nearby residential areas. Market Street Corridor Plan: The subject properties are located within the Market Street Corridor Plan which was adopted by the Board of Commissioners in June, 2011.The plan calls for the integration of pedestrian and bike amenities such as sidewalks and multi-use paths, median treatments such as a cement strip or landscaping to eliminate turning movements in the "suicide lane" , a preferred access plan creating road inter- connectivity, and provisions for providing quality, cohesive building design for multiple structures to enhance the aesthetics of the area. Porters Neck Small Area Plan: The subject properties are located within the small area plan adopted by the Board of Commissioners in September, 1989. Recommendations at the time included storm water controls, adding four lanes to Market Street, the development of bike paths and pedestrian walkways, and the improvement of major intersections such as Porters Neck Road and Market Street. Comprehensive Greenway Plan: The subject properties are located within the recently adopted Comprehensive Greenway Plan. Recommendations include a multi-use path along Market Street for pedestrians and bikers. DISCUSSION: This area of the County has witnessed an explosion of population growth over the past twenty years with an increase of 4%to 5% based on census data for that period. This growth has placed a huge demand for services and has resulted in the establishment of two grocery stores, a home improvement facility, medical park, landscape nursery, and pharmacy along with other smaller retail stores located between Marsh Oaks Drive and Porters Neck Road. Increased growth has placed a high demand for water and sewer infrastructure, and produced traffic congestion along Market Street during peak hour periods. Based on the recommended TIA road improvements between Bayshore Drive and Porters Neck Road along Market Street coupled with the proposed construction of Military Cutoff Extension in 2017, traffic congestion is anticipated to be alleviated. A cement median from Marsh Oaks Drive to Porters Neck Road is recommended in the approved TIA. Staff believes that efforts should be made to create and install a landscape median (of various width depending on the turn lanes recommended) that would enhance the gateway leading into Wilmington from Pender County. Discussions with the petitioner, NCDOT, and County staff will determine if the project budget will allow the median to be installed.A maintenance proposal will be presented to the Board of Commissioners as a part of this proposal. The project will be accessed through three (3) curb cuts or access points off Market Street. The primary entrance/access with signalization will be located near the SECU facility and extend north and connect with Hays Lane, a platted 50' public right-of-way, (see attached site plan). The second access will be from the existing Medac driveway, and the third access will be near the southeastern portion of the project. Currently, Hays Ln. connects to a private, unimproved road to the rear of the subject property line. The proposal includes for Hays Ln. to be connected through the proposed project as an 80' right-of-way from Market Street to the rear property line. However, in order for Hays Ln. to set the stage for future extension 6 Board of Commissioners Meeting 08/05/2013 12-2-6 and connection with the Lowes Home Improvement access and to be compatible with the preferred access plan in the adopted Market Street Corridor Study, it will need to be dedicated, designated, recorded, and built as a public collector road meeting or exceeding minimum NCDOT standards. Once built, the developer would then be charged with petitioning NCDOT to take over the maintenance of the road at a future time. Until NCDOT assumes road maintenance, road maintained will be assured through covenants and restrictions which will be signed by the developer and anchor tenant. The connection of the new segment of Hays Ln. to the existing portion of Hays Ln. will also allow pedestrian and bicycle access from the abutting residential communities to the rear of the subject project. To further encourage pedestrian and bicycle movement into and throughout the project, and to comply with the Market Street Corridor and Comprehensive Greenway Plan, an eight foot multi-use path has been proposed that runs the width of the property frontage for a distance of over 800'. Additionally internal pedestrian sidewalks have also been provided throughout the development. Proposed building setbacks based on a building height of 23' for the anchor tenant exceed the requirements of Section 60.3 of the Zoning Ordinance. Proposed buffer yards meet the requirements of Section 62 of the Zoning Ordinance by proposing ample screening from the adjacent neighborhoods. The buffer will be comprised of existing natural vegetation and supplemented with additional buffer plantings. A loading dock barrier located to the rear of the anchor tenant is also proposed to baffle noise pollution (see attached renderings). Low level lighting is proposed as well. The original site plan has been refined in response to the stated concerns of adjacent residential landowners. Changes to the site plan included improvements to internal circulation and access, increased setbacks and buffer yards and retaining natural vegetation along with a baffling wall adjacent to the loading dock to mitigate noise. Four community meetings were held between April and May to gather input from surrounding communities. STAFF POSITION: Based on the information submitted, staff concludes that the petitioner's proposal to rezone approximately 44.68 acres from B-2 Highway Business and R-15 Residential to CZD B-2 Conditional Zoning District Highway Business is compatible with applicable plans including the 2006 CAMA Land Use Plan, and Porters Neck Small Area Plan and is compatible with many of the recommendations of the Market Street Corridor Plan. Staff also concludes that the proposal is reasonable and is in the public's interest. Although staff attempted to impress upon the developer that the Market Street Corridor Plan discourages franchise architecture in order to create a "sense of place" unique to the area, the proposed anchor clearly identifies itself as Wal-Mart, America's largest retail franchise. Further, proposed parking spaces for the anchor tenant and all of the retail shops (1,102 spaces) exceed the minimum requirements of Section 81-1 of the Zoning Ordinance. The proposal seeks to provide parking for the heaviest anticipated parking demand without the use of structured parking areas or pervious pavement which would help to reduce the size of stormwater facilities necessary to contain runoff.The petitioner has made considerable effort to reduce the number of parking spaces and has added inverted islands to the parking area to mitigate storm water runoff. The petitioner has also indicated that they will further analyze installing pervious pavers by conducting a soil analysis of the area and determining groundwater levels. Staff recommends approval of the petitioner's request with the following conditions: 7 Board of Commissioners Meeting 08/05/2013 12-2-7 1) Receive certification from the Army Corps of Engineers (Corps) for the wetlands onsite prior to development approval, and adapt site plan as necessary to comply with Corps permit requirements; 2) As the budget allows, install landscape median sections. Responsibility for maintenance of the median sections will be defined in a development agreement and subject to approval of the New Hanover County Board of Commissioners. ACTION NEEDED: Adopt a statement in accordance with NCGS 153-A-341 which requires that "Prior to adopting or rejecting any zoning amendment,the governing board shall adopt a statement describing whether its 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 for approval: The County Commissioners find that this request for a zoning map amendment of 44.68 acres from B-2 Highway Business and R-15 Residential to CZD (B-2), Conditional Zoning District Highway Business as described is: 1. Consistent with the purposes and intent of the "Transition" classification in the 2006 CAMA Land Use Plan. 2. Reasonable and in the public interest to rezone 44.68 acres from B-2 Highway Business and R-15 Residential to CZD (B-2), Conditional Zoning District Highway Business. Example for Denial: The County Commissioners find that this request for a zoning map amendment of 44.68 acres from B-2 Highway Business and R-15 Residential to CZD (B-2), Conditional Zoning District Highway Business as described is: 1. Not consistent with the purposes and intent of the "Transition" classification in the 2006 Land Use Plan and/or the Porters Neck Small Area Plan. 2. Unreasonable and not in the public interest to rezone 44.68 acres from B-2 Highway Business and R-15 Residential to CZD (B-2), Conditional Zoning District Highway Business. Staff Suggests the Following Motion: Motion to approve the zoning map amendment for 44.68 acres from B-2 Highway Business and R-15 Residential to CZD(B-2), Conditional Zoning District Highway Business with the above conditions for the following reasons: 1. The proposal is consistent with the purposes and intent of the Transition classification in the 2006 CAMA Land Use Plan and the Porters Neck Small Area Plan; 2. It is reasonable and in the public interest to rezone 44.68 acres from B-2 Highway Business and R-15 Residential to CZD(B-2), Conditional Zoning District Highway Business. 8 Board of Commissioners Meeting 08/05/2013 12-2-8 Case Z-926(05/13) Request to rezone approximately 44.68 acres from B-2 Highway Business and R-15 Residential to CZD (B-2) Conditional Zoning District B-2 Highway Business Petition Summary Data 8025 &8107 Market Street Owner/Petitioner: Paramount Development Corporation Existing Land Use: The subject properties are located near the 8100 block of Market Street. The petition includes four parcels that comprise 44.68 acres. Three of the parcels have the address 8107 and one has the address 8025. The 8107 parcels are currently zoned B-2 Highway Business (see attached map) to a depth of approximately 975 feet. 8107 was rezoned in September, 2000 from R-15 Residential to B-2 Highway Business with a Special Use Permit for an Indoor/Outdoor Recreation Facility that was not constructed. These parcels are largely undeveloped with the exception of a water tower and telecommunications tower that have access through utility easements. 8025 is currently zoned R- 15 Residential and is undeveloped. Zoning History: Area 5 (July 6, 1971); Area 8B (July 7, 1972) Land Classification: Transition Water Type: CFPUA Sewer Type: CFPUA Recreation Area: Ogden Park Access & Traffic Volume: The Average Daily Traffic (ADT) near the 8100 block of Market Street (near the State Employee's Credit Union) has a volume of 37,654 vehicle trips per day. The road design capacity is 43,700 along this area of Market Street. The Level of Service is "E" meaning that the road is approaching design capacity. Fire District: New Hanover County Fire Service District(North) Watershed &Water Quality Classification: Pages Creek(Shellfish-High Quality Water) Aquifer Recharge Area: Primary recharge area for Castle Hayne and Peedee Aquifers Conservation/Historic/Archaeological Resources: No flood or county conservation areas are located on the subject property. Soils: Kureb, Leon, Murville, and Rimini Septic Suitability: Kureb and Rimini sands are classified as Class I soils with suitable to slight limitations. Leon and Murville are classified as Class III soils with severe limitations and are known to require extensive modifications and intensive maintenance. Schools: Ogden Elementary School Capacity 595 Current Enrollment 692 Planning Areas: 2006 Joint City-County CAMA Land Use Plan Z-926, 05/13 Page 1 of 2 Board of Commissioners Meeting 08/05/2013 12-3- 1 Market Street Corridor Plan Porters Neck Community Plan Z-926, 05/13 Page 2 of 2 Board of Commissioners Meeting 08/05/2013 12-3-2 .. .. . . ..... .. ... . . . r • 1, v 4. a. • Board of ommiss Meting 8/05/20 12-4-1 Z-926,06/13 PROPERTY OWNERS WITHIN 500' Label Property Owner Label Property Owner 1 208AB COUNTRY HAVEN DR COA 74 MOBLEY SARA HRS 2 4 CORNERS PROPERTIES LLC 75 MOELLER BRIAN C TAMMYJ 3 APOLLONIO THOMAS LAURA R 76 MORGAN MARY BETH 4 AYCOCK MAGGIE HRS 77 MOSELEY ALICE S 5 BALDWIN TRACI K 78 MOSELEY ALICE S EDWARD H III 6 BARHAM SETH PAUL ETAL 79 NEW HAN CNTY ALCOHOLIC BD 7 BARTLETT TODD A DEBRA A 80 OAK GROVE BAPTIST CHURCH 8 BARTLETT TODD A ETAL 81 OLSCHESKY GREGORY W 9 BERKE INVESTMENTS LLC 82 PARKER CHARLES C 10 BLACK CHRISTOPHER B 83 PEARSON KENNETH HOWARD 11 BOTBOL ANDREW JOSHUA ETAL 84 PIERCE DENNIS R EDITH D 12 BOWERS RICHARD M SHANNON POWELL 85 PORTER ALTON RAY WENDY L 13 BRICKHOUSE STUART L PEGGY D 86 POWELL PEGGY S BILLY J II 14 BRINKER PAUL D CARMEN G 87 REALTY INCOME CORPORATION 15 BUCK BERTHA H 88 RHODES NOEL RAY SUSAN R 16 CAISON DONALD H CAISON SR NANCY 89 SHUCO LLC 17 CAISON DONALD H NANCY Y 90 SIMPSON MARCUS K NATALIE 18 CAISON DONALD H NANCY Y 91 SMITH VICK V 19 CAISON DONALD H NANCY Y 92 STATE EMPLOYEES CREDIT UNION 20 CAISON DONALD H NANCY Y 93 STREETER JAMES S LORI A 21 CAISON ROBIN S 94 SULLIVAN BRYAN K SANDRA C 22 CANADY REVOCABLE LIVING TRUST 95 SULLIVAN BRYAN K SANDRA C 23 CANADY REVOCABLE LIVING TRUST 96 SYDES CECIL SUSAN 24 CANADY REVOCABLE LIVING TRUST 97 THOMPSON DICKJ 25 CAPE FEAR PUBLIC UTILITY AUTHORITY 98 THOMPSON DICKJ 26 CARMEN EUGENE B BILLIE W 99 THORNTON MARK CAROLINE 27 CARROLL KATHERINE 100 TLCV INVESTMENTS LLC 28 CARROLL KATHERINE A 101 TP HOLDINGS LLC 29 CHATFIELD KURT A II CAROLYN E 102 TP HOLDINGS LLC 30 CLAPP CHRISTOPHER L LESLIE R 103 TTB HARRIS LLC 31 CLARK RICHARD NEIL KATHY C 104 TURNER MARK E HEATHER D 32 CLAUSEN CATHLEEN M JON T 105 WAVERLY INVESTMENTS LLC 33 CORBETTJESSICA 106 WAVERLY INVESTMENTS LLC 34 COUNTRY HAVEN PROP OWNERS ASSN 107 WILLIAMS ROBIN C PAMELA P 35 COUNTRY HAVEN PROPERTY OA INC 108 WILSON JOSEPH W DONNA P 36 DOWDY ROBERT H III VICKI H 109 WRIGHT CHRISTOPHER C 37 EDWARDS RONALD SJENNIFER M 110 YORK CINDY 38 EMROSE CORPORATION 111 YUNASKA ROBERT L 39 FARROW MICHAEL R SHERRI C 112 YUNASKA ROBERT L 40 FARROW MICHAEL R SHERRI C 113 IZEARFOSS CHARLES D AUDREY H 41 FERGUSON MICHAEL R REBECCA L 42 FERRO JOSEPH L KATHLEEN M 43 FERRO JOSEPH L KATHLEEN M 44 FOULKE DANIELLE 45 FURR ANDREW M KATHRYN C 46 FURR ANDREW M KATHRYN C 47 FURR ANDREW MARTIN 48 FURR ANDREW MARTIN 49 FURR DANIEL S 50 FURR DANIEL SJEANEEN L 51 FURR FAMILY PARTNERSHIP LLC 52 GRABOFSKI JOHN C CATHARINE M 53 GRAY PROPERTY 2205 LLC 54 GRAY PROPERTY 2205 LLC 55 HALES WILBUR RAY JR 56 HOBBS ENTERPRISES LLC 57 HODGES KELLY CHRISTOPHER 58 HUTSON MICHAEL 59 JOHNSON KELLY K 60 JOLLY AARON DANIEL SARA A 61 JOLLY ARNOLD JR SHERI S ETAL 62 JONESJESSEJENNIFER 63 KANE SHARON 64 KENWORTHYJAMES A MARY C 65 LEONARD ESTHER W 66 LEWIS BARBARATIPTON ETAL 67 LLINAS CARRIE P 68 LOVE STEPHEN M DEBRA A 69 MARINELLI MAIKE MICHAEL 70 MCCORMICK EDWARD J MAGDALENA A 71 MCCOY WILLIAM R RETAJ 72 MEDAC PROFESSIONAL CENTER COA INC 73 MEEHAN FRANCIS MAUREEN L Board of Commissioners Meeting 08/05/2013 12-4-2 of •:.SF Y'" '+..fro r1F A .._��=�.�"_ti....•r-pax.x ._�-�_irua�_...�_� .,JL.v...�,�_"ry"`"+��c�•RF'� ��i ��U't"—i�d�Q�c_�i��—"�_."'Y��.•=2CJ��vw' r ' 3 f TS y;: PLANNIPM 49znr=Tj:mmhi&ruzmt omm 610 rZA NWefe,AICP Shawn RaIM =p 0 ections Planning MjjjW "W2 July 16, 2013 Mr. David Hamer, COM :11��,,illlii,,11,1111,illl�'iiiiii 11 l�I 11,111,1 11111 11,�ip'lli.111� Aw"4"I" 1 1 OrN;=Mesm 9 WjP* k-r*,SIC 295272 0" Z-ft ft'l"K I*"&*"VW2 am# 'Il AW" 111OWN OldIFEMAJIUM UEMB-2 ) Dear Mr. Harrier: In re a*to wL"mv"mmw mw Planning Board voted 6-0 to recommend a#*&aJ#1*am A*A%**Mow*No moom Am Amow w&qwxwW rwip"*WM V1.pjWW Business and POIA 12- information pIAl&Ro xwwAq.IU i It I"i -,w—I 44*R 40wft k"i9ftjes 19 OM (6) recommerp*MM R90* Planning staff ]p MMMMO jMn-N "Lugil%RFWHM� 11SIM"a it M&AM if Lp ROLPQOLI�OWIS& JP WWAA"OW 46A004 WOF i"M W"POOk V4WOW"--W!-,WWqWU W11W um "LW mmolt"M%M I alIELEM i'M 2wA M16 U&VA NwA it jccepted aw"amb"A 160 WTI". 3� OMM NEWUM"M 10 WW LEM 0 111PLAiiL OWI$4 Ar Me wiW6a& mit--priorto do-W&PO"tt apromomi 06W Wj*k-WW oft ph"at W*WjW%v Ewpm*"0"%WE Wm it i 14 ONA&W WOO&W OVA* 4 @milk@ Wn-WW9111T 201 AW1 1110 I&Cape MW 1141112t'l'��n J6116161k MOMS 9140 to ww@Lw&@ Lw&a&w ml*m& AN 4 90 MAIN , i9=1 ffiFN%fibj6A RAAw wi%w. Lw#onsibility for maintenance of the WA&W Q"*W*p*A i"OW&W*A 141!11!k�jj i I is 1 2 111MEM 11 the New MMl1MW%MW9L1q Board of Commissioners Meeting 08/05/2013 12-6- 1 6) The At&wM ApW UAM Ep"Nomm It gg Iffioff-site • labelftIf"Mr%pW. % pW VIO OrW qw*wo mw*W 5m"W6m subdivision, JW Sm pA*WAM Awq 116a AA16&r MIN M=M�MMW lights will be shielded. "r WW*mff 4%*WDA R ■ packs. EM W"r"F WW Opp""a W""MAW WWW"Lmm wqk*m. go wn wwkppwm im"MON. IkEWO&M qA Wm we Omvo ipplion*maomoml OjowAf 16#*mdm&t*i A do lffimmUV,&4W pa"16r M6&MAdWM,UN IM if=MIMM 9&M SMPOWU%WW9W qO-N" I"i WANWWWW. %rm*m"*m W&WWAho on"W mmW&"a mom AA Awfim6r. 3q OmmkWO on Wamm"mm"NI I"W Im NW&m 5h.ur ess n ot: low File I to S.A. Burgess, MPA Senior Planner Board of Commis pers Meeting 08/05/2013 12-6-2 NEW HANOVER CO"TY PLANNING & INSPECTIOA WAAMM" 230 GOVERNMENT CENTER Dam%Jpm 100 WILMINGTON,NORTH CAWAiMb MON TELEPHONE(910) 79t&W FAX(910) 798-70 M[Heeye,AICP Dennis Bordeaux Shawn Ralsong &Inspections Inspections Manager Planning glanagg hector rector June 138 2013 Mr. David Haww.QC04 VP&Sr. Real EM ZU&fk ■ Paramount D@;wJqgpm*1Cyqp~ 607 Briarwoof IBM,AAv It Myrtle Beach, Re: Z-926,o4!iI OW @W*VW Market Street) ■ Reza rJ 10PAWMAW 4B.IN M&s from B-2 Highway Businoom MA ON WAPFqW JrCZD (B-2) Conditional Zoning District Highway Business ■ PW ft.Oligmer: ow "11jor wm TOLqgft, Jj% f6 2013, the New Hanover County Planning Board votAM LM it '**AM*MF 960 46MM wM1Maw*A woM*&m0l Mm wwA *VWW w*oling scheduled for July 11, &L an "VVMErq0'"#9EW" FS QUW 9PPlIft 4ftUM0qEWq Iftt need to be addressed: 11 1-M OV WO 11MUMM It ft W90M MU M= U RIVE 90 WWWWn of the ftdl�"M 646""a "WROwd A WO SNA WNWINK M06e&WP%"W-CWA MOW 11long with AAME9=11 #00 VEM *A*d as # 2) q=q @Eqm MW W AD WM Im W64w *AW AWAA a40*60t ml **AWft*6 *( i4w rop" 04 Mw wled to be WWWVed! 34 10 mq&&W mA %06AW Jw%w 40 4 OW46*40 OMOA160 00M OW444F wO wontenance lrle=% in AM% i" WAMM L . "M AWMw Is located 546N94000 U00 "41 00"MI"10MA 00ml- 14"W"Mr"ff4""*W mWilff WRIWal which I UsA"a Mdhol *wa&**M4w xANsimot im Am ow 4ow fe adjoining neighbors on Lilly Pond win V? law" MEW IM 90 ago" L&I buffering will entail. Locating the toom mil Uwlq Awm*4o Now"Woom V**p*q lom(behind the storm water ponds) may N EfflofflMs An 4"W IM double row of landscaping and so rWq am ME W" Wl MONEW MOM Adl6ciates (Purr) to reach an amenable wasm*Aw V*X#400 10 MET am rum Im IM 1A JAU EJ dMUN water will dictate whether pospiow ..............."I Wo*%*%M Womplol lMmw%W 00M mw*rMl*%gwa in front of Walmart, Basso JIN NO Board of Commissioners Meeting 08/05/2013 12-7- 1 D. Harper-2-926,06/13 June 13,2013 Page 2 4U result, these measures shcM 0 IN 1 ON OW~ 00 Y14"ble. If the 11111500,411�JW�-EL Jlpkwn&i@ MLaWwA LUA may be an Please share = I 9M IM clients. Staff will provide 1 qw*Ojo qWwwSM V IB 11 available. Copmat ow Apm Boom MwooLm;at(910)798-7441 or cc: lie Sincerely, S.A. Burgess, MPA Senior Plannspr Board of Commissioners Meeting 08/05/2013 12-7-2 APPLICANT MATERIALS Board of Commissioners Meeting 08/05/2013 12-8- 1 NEW A6kjPPCfifjX LOUMY PL A S OeIVITiaff ff CONDITIObLUEEMN dUTBCW ............. ........... —� :rr,ap�tT OwneT1,N) pertYl I J� am Peik"r ................... ........... ............. -------------- ....... ... Mal 440hor A lama =low it on "0-5@"AP OPI.T-Ow Vr.`00"ft-AW MMMWM MMM AMR%S UBMITT1NG risk" be reviewed by Planning&Zo E Sceptance, For petitions involvin IEL a%iff jF00.00 will be charged; for the s fee of$600.00 will be charged,=PFM h I"jRq1jVWr County,DjUST accompany t�oc In addition to the attached site plan chJIM—1.1 "AmmWime is ww*VA 'Ism L Copy of the New Hanover County Tax Im4l imal jLr M"a"s WFWWNW�- - 2. Legal description(by metes and boon ' ff IL 3. Copy of the subdivision map or record ■ 4° Site Plan as outlined in section 59.10-3. INM JARV IM()%�cMW 4B the Planning Board meeting. You will be asked r AIRW 9i"OWN*Tgr JFMal moves • forward to the County Commissioners. Ww**0W.DWal submission may be substituted when accurate scali"m 5. Authority for Appointment of Agent f 6&i moist ifta�i*MWWAO* Planning Board meeting. The owner o 6, Requirements of Section 59.10-2. 7. Applicant's answers to the questions o & Signed site plan check list. 9. A report of the required public inqwma1&bawA%wwffmJ it Section 111-2.1 REVIEW PROCEDURES Petitiorg IrIMM00~4NEw am Jw6rAwi UJ6 boal-la.nover County Planning Board upon by the New -@---�— AW T P@W*Sw 09 Will"IMOWWWRW 111FIM MW lkiaaW by Planning&Zoning twenty(20)working AW LZ6=kwffiiN%Ln"xnaft to allow w*VUgn=It NNEE16j.&d advertisement as required by the North Imm"saw*& 'Page I of 3 05/12 Board of Commissioners Meeting 08/05/2013 12-9- 1 Planift UAJww~LIW @6 5:30PM in the Commissioner's Awmwwft kwww ki ft"T"111WIM Third and Prin=IMM BELA@"MmU Carolina,on the first Thursday#1 wok*ff". V twyft"ARM@ JE9F9RFWWetifion,the request will automatically be referred to the Board d%awi"Awww Ayw*Arw*iw*Wwwi*pw may appeal to the Board of Commissioners.Planning&Zonin MAR9L ii#mRLwA RaW60 the Permit may specify additional WWII= quMEW in imomMe tract than the corresponding GwAy"Um W W*W kWOOKOW OR IV Olgt rw ts 910M IR Iffe law or local ordinance.Such anwAwwwaA wMakwook lima St=WMwFWk*WNOW�RW%AOW*%"M%]Her exclusionary characteristic of mm*m*&A L 6 AN&W*W mwwmff" .. 4 **"qose,and shall relate rationally t(i AMIJ@R6 ANWE"*ME ald up"MrMw "UMMEMMERUSIL& inent requirements of the Zonilg 09NEM 41 an MULZILINMR4 ISM Am . SG ConditionA JLAW A"N"kA&0O Uw4*mw MMWMW MOMPR IffiftIff 10 ED MTS Off MOtent with the New Hanover Court lmd iJ6 ff%anwA lambOwA6w we&k mAwwwwwo wWwwoft it qV W(Jr tM jWposed for the project.You m IJ6m%&w3tww m"aw wAAw wA wArLm A*wmft wW*wwm:(Irach additional sheets if necessra ]OW901EAMIEW RMIMAOnsistent with the County's Polow"DANNELIAMIlent? Please see attached sheet. J. How I Map? Please see attached sheet. 3. What significant neighborhood chap zoning EqMMOMPPUM involved unsuitable for the uses permitil SM IM qM IIMW Please see attached sheet. L 1 16 Jzff INIMMIENUEEMM"M*A via Pleases attached sheet. JJIV4 of 3 05112 Board of Commissioners Meeting 08/05/2013 12-9-2 rig WOMMMAM II&ct boundaries and total =pw=wA,IM&vwwUwpwqp 'VAMMIS&ILM UMLI,wiffia V" a mop fivam 9MEMISUff9mrim 29M em ■ ■ l - MWILORIM&ON 1! SHMIMM WS MEN NNW ■ Q5/12 ■ Board of Commissioners Meeting 12-9-3 PARAMOUNT DEVELOPMENT t9NWWNWW 607E IA t OOD DRIVW W17M 9 MYRTLE BEACH, SOUTH CA1K4At#j NF�5 TELEPHONE:(843)361-a= 10 FAX:(843)361-44A ' www.VawzsountdevcoqaM NEW HANOVER COUNTY PLANNING AND INSPECTIONS DEPARTMENT CONDITIONAL ZONING DISTRICT APRIL 4, 2013 - 03w wavuld the requested change be consistent with the County's Policies for Growth and AMMUptient? �W P09AW A NvMUft 6 NaNiph bwWo-mW%*w&mW%p 28.77 acres zoned B-2 Highway mminin me alonmummw I i.I I W1 A Residential District. The entire site • 1k AMMMW a'kW#AM%"F'*W Ut MR V?%wft*r*0vw krnover County CAMA Plan Land C611111101AMAK 011t6 VWWk IMM IM I 00101dW maoWbiwiit with the proposed use. 1i-----wvwz Eiin Met u*QmaO&m a hirs0wo4mmercial Center in the County LANJOU AW9&41MJ CmwU6r4l4f° T1 mends access to the rear of the VWMW viiii ir W 96 Iff MAMMI Wwow A04L PEMMM 0 1 1 1 t 6�JAM%ANko RM" maw 16*WJ MwAfflbsywi Zoning MEAN&w4ki k t&1�0 a 11 pMMONE M&mce would Wmoww ...ami Aww v*it~c use or am im JEMM iw ft REPW. Fla fflNP6=A=A*Chmdf ww"**Am*i over the InfMA ouift I=ink oin slkw , w AIM6 10 CME10619 ILoning AMM&%V am A&W AW compahOW&W w4"A-mA 16 pmmftnt with the QmmW'a long range land use and a�JMM. How wou the property's classificalfiffl6M the Land FJhwN6@Mw ONV4 The ap, identifies the entire 44.68 acre tract as "Transition". As stated in ate: '71�p~mr 44 hr*wshon class is to provide for future intensive urban development on I"NA bw*w&*w or will be provided with necessary urban services. The location of ims 4mW gm land use planning policies requiring optimum efficiency in larA*Mw&w go 14@r,-mervice delivery." Tim jmosed development is consistent with the County's Land Classification Map. The W"V*Ar-k well located along Market Street(Hwy 17) with approximately 800 linear feet of ME=f aid with ample separation between nearby traffic signals. The majority of the property MkMMJT zoned B-2 commercial, and surrounding and nearby commercial properties include a Board of Commissioners Meeting 08/05/2013 12-9-4 NEW HANAVER COUNTY PLANNING AND INSPECTIONS DEPARTMENT CONDITIONAL ZONING DISTRICT APRIL 4, 2013 Food Lion, Harris Teeter, al Teens, Lo es Home ImproveNEW a I Himph 901W molding directly adjacent, and medical office park across Market Strowo 0" 1' ,° RHbo conificant changes have occurred to make the original zoning inappropriate, or how b W6 boal involved unsuitable for the uses permitted under the existing zoning? The New Hanover County population increase between census 2000 and census 2010 am K excess of 26%- an increase from 160,000 residents to over 202,000 residents. The grEV&ja in the subject property's immediate trade area of 5 miles was in excess of 39%over the ONO* time frame, During a similar time frame, from 2005 to 2011,traffic counts directly in JmW the subject property have decreased over 12% from 41,000 cars per day(CPI )to the wjv* recently published number of 36,000 (CPD). This is due in part to the recent installatiaff Eftim US 17 Bypass and the trend may continue with the ongoing completion of that bypass ad k upcoming Military Cutoff Extension project. Additionally,the County recently adopted the Market Street Corridor Study, a public Awip performed under the guidance of the Metropolitan Planning Organization (MPO). The 7nomo of the Study is to consider existing planning and transportation challenges and offer sc&*§@V 10 be used as a guide for planners and developers alike. The study was completed betwe4a" and 2010 and adopted by the County in 2011. The study considers a Preferred Develonnoo Plan for future use and identifies the entire subject property as "Suburban Commercial ftwW, a classification consistent with the applicant's proposed development. List proposed conditions and restrictions that would miti Proposed uses. The applicant will work closely with ff, the DOT, MPO,the USACOE, NCDENR-DQW and other gove d concerns presented throughout the IUM04 M1111% IL AM&%&M54 1W 16 popced zoning change gives the County more comm:vqiff 0im jrqmoJ AM*loit Emakim 01 SOft zoning classification. Typical use restricts oiw 0*16bbitit wft*Now&n"dwP*1qg%qrvVw4udiored by national retailer will apply—no the.-M V%WW go, pow, 04W bookstore or massage parlor, or any*wimm ovffipin W)Mfig4v%WWWM mtmff qnk males comprise more than fifty percent ( thin the Shopping Center, With regard to traffic, improvements to Market Street and to the project's intersection will be ■ consistent with those improvements recommended and supported by the transportation engineer, NCDOT and MPO. Myrtle Beach,SC Richmond, VA Board of Commissioners Meeting 08/05/2013 12-9-5 uth Mail ME O Yfi MVL=�1. } _ 'May WIN 3. REM aftm Mob" AME11 MW ME -- ( 13 Paramount � 607 Briamnarmb ■ $43-361- 111 MEN Board of Commissioners Meeting ■ �! — ■ — 12-9-6 MMW iv WANOAWuW puWWW Alber 9 }1 of staff in"MAW 6t 41 t® . ..t pier is delivered l� This ttfi lst day of Apr Z JO 13 Onq a rM "pool q Nw &*w, a Ism Board of Commissioners Meeting - /2013 12-9-7 PROPOSED PLAN Board of Commissioners Meeting 08/05/2013 12- 10- 1 �i Ilf�l�a}�` .�»�"�s."�•:s.d�....,u_i�;;""""°R'sL: � _ �— ." 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C�(� " .]q` '�£,y'`fl]•�.�',S, __ �;g;"3',�;.ti•'`. ��F :.1��'�e - ..�I 3: �'„��." .}xi •�PrF:3 4 ��.¢�`;- �Y 5, nA €',`'.�;, r=1 'ii:iki Sid �Yf• °° , i. : z� -,�i��• '.-:a;d� �A::•.•-.,,.,s:,?�$'.:- .�a>mx•.a as��•.�,." .-r.,, Y'}- •• _ vim.• :'u. • • •� � ::� �— •� � ;: E-7 12- 111 1: 1 � n 1160: =. xmliffl ■ i t Z. IMMOMOffice hda Imam 11 1 11 mmm mum" "M6;Z;:ZZ 4&=Mimi MM W&Mgkq l Myrde,Reack SC V Board of Commissioners Meeting 08/05/2013 12- 12- 1 J ■ 1 1 ■ Myrde Beach, Board of Commissioners Meeting 08/05/2013 12- 12-2 ..' "iterlwanninciD wo Ow a I :• r 1 _ CST C�1 ' � _ 00 Ig NC 27W9 mawlawran : • _ _. . � wHU v "*.How valuerwadju volurv, Mps � n MIOWF.RA95 " I � _ W26 117-06 Irk not 711 IN EN I # E.l 1p IN qviromens as cum I it c go a � 1' 1 1 ONUMN AND moo Me MW N Mild lk DEV`IWWMPTWMW EXISTM M JIM ■ GRose FLwo""44=06�� q. ft. ■ 1BEFORE PR OPOSED PROJECT Average Daily Tntffic (Datc)_j�_�Doo LEVEL FS ITE �KHWHNMMEWERATIONESTIMATE: Sae PlacW USE AMPBW An no& Oft am (Trafflc ■ P Peakfic, 1 11. 1 a Department on 05/0 1-� (Date) By --W&L- 97- Board of Commissioners Meeting 08/05/2013 12- 14- 1 i Y Is i IP Board of Commissioners Meeting 08/05/2013 12- 14-2 SiF4911 7801FAX ■ Too a �411iii biftswW4 isms Emb MIN" on mm Tam of ISO LELAND mums U610606i ES mill &ULM GM E s y I;Im ■ ` - e enad lomm mum= � II� ■ ■ Fi ■ •.,. IMu il� RZEEMMSM ■mumm t m Board of Commissioners Meeting 08/05/2013 12- 15- 1 ■ -tit ■ I ZMPLr Hownd full AR OWMEMIR m ■ 96 ■ ■ ■SMilb qMkp Itrive signal at, In Im ■ '' IN rn IMUMMMIMMIlk am-P- OffiWold mummmmmm ■ � ■ m swim Board of Commissioners Meeting 08/05/2013 12- 15-2 the study r d MENAMMMMat 911a"ASSAwNh say furd4MVIMMUMEEMMOOppraval. Board of Commissioners Meeting 08/05/2013 12- 15-3 Gray Engineering Consul tants,&L 129 Pilgrim Rd.,Greenville,SC 29607 (864)297-3027 EMINEM OMEMARTION t�t(ty Unit Unit Cost Current Total Low I I I IEPM1 SIMMS 1 go owmaw"mm "B25ZC,2,5"I19.00) A11111111JUN11M — 1.M'99,5C plus PG64.22 amm &air a& Median Island I IK�Lmj 1 0 Miscellaneous Utility Relc� Grassing Stabilization �wWuw Sub-total 15%contingency d and Profit 1,016'�. L _WA QAENGINEWMMONottore#4065-00 New Road Work for Site*MIOMMMMMMM of 1 Board of Commissioners Meeting 08/05/2013 12- 16- 1 EME16SW rVEOMMM EMEMM ■ owworow Ow ouvewpowwd an PLAN= WINE= am ILLIII lwannown UNBORN% Milli 111111111111F z:= IMEWEMEWS P U IF(M aw Liar MAN, RIMELLIM W fir ■ Q:WNGINEICOMMOMStore#4015-00 VABB,Road Work for Grassed MedWflffVWSJ1 3hW00 Board of Commissioners Meeting 08/05/2013 12- 17- 1 x � I WON } ju IA v k Z i FOB -x� � _. if— in r F � El L 7 A. Fell. v ® . . fi =b �x,r 1 w. i Alin. Board of Commissioners Meeting 08/05/2013 12- 18- 1 I I� I Board of Commissioners Meeting 08/05/2013 12- 18-2 p�l g i rip MWq-1006 MIT gas air am of %1A i MM mk"a CA vam it Am is Am W16 MUMIUMMU m II L.95. hm I ml it In M61 q01 sa pow It m Im M6 g`" I arm NAlm IN gum N? 4991 W"AM MEW= MIMM ii Board of Commissioners Meeting 08/05/2013 12- 19- 1 1� ■ ip Yf III I�II� ■ ■ } ■ ■ 7 ■ ■ Emil 1 L MIS FASO: ' I ■ O- W ■ ■ ■ ■ r Board of Commissioners Meeting 08/05/2011 12- 19-2 1 May 2 , Wriften,R4W■mfflm 40 Condition Paramount la g VOY 131,MW MMMM y. md 28 � ? 16 IM WMMM WWW Northeast Regional Library located t 1241 Military Cutoff meetings W i@ MwiUMML The took place in the David paynter Assembly 3s and wow MR mkw6w IMM ROMJ96AROMM MM S I, 1 V =Cam "Zzm�am: i. J® k. — k Miftd). �� I� i�° ail Myrde Beach,SC Board of Commissioners Meeting 08/05/2013 12-20- 1 :.., ME&M Jim *KWAW.fflj9M ESEMI"M 199ME 999;9 ■ L° W M ri Moir g M&MW=am j ii'm iI'?i u M fi f IZl■ buimmW WAMM"Am""A a'&*Romp The appliamt see attachiL allowed WWAIMMM eal"I"041INK bow 006 noise,rmd lighting. Myrde i '14, � illlli Beach,e _ Board of Commissioners Meeting 08/05/2013 12-20-2 A wood access to A4ijimty,the anchor tenant will s MMqMlijRddcaj truck noise. t� 5 111mimprovements 1 � a To Jet Street,the the instw9la stallatr n ► guidance Marsh Oaks Rd afa%=M�Un.` A arlim 99MMMI&M l?, jp u Board of Commissioners Meeting 08/05/2013 12-20-3 "M I Ct W W b tmh 40 1& it Ifim klift MOM t had on display the ktm PoI mod" NOIL OWI AL N 40,1111 imp "namw 11 1,11,111111111111. III "PSEWRIMMI 1112M 41 M M LMM a oil i at r�iri�ry[��aro ti� al9tution 7Mp7de Board of Commissioners Meeting 08/05/2013 12-20-4 ANUMP" Miami y ML N rom WE III any r ds were 1 applicant has delineated all jurisdictional f the property. Them exist asmall pond"b pit's i'll 11 1 lam Ina Response: Oko"0494L A9 9ma lip - a"U ° brut preserved Yj*tC6zMI=IIr�8==Om"=Xrm"M result of comments r} „<iv from state ugh the use of retainint walls,a"j x severs at the mid so thw t ditio all closely with the applicant's wetland consultant Managers. Quality the CTS Army Core of Eupinel (US )t will be adequately hydrated to ensure their hang taa survival. t: zee s t - — ina not the val��X4 hII development *W6 bum ly considered detrimental to `1111M Inal above average landscape s with fall perimeter cutoff. Agree Beach,SC Beckles, WV Rkhol VA Board of Commissioners Meeting 08/05/2013 12-20-5 shields, Haven nei ?a I Refer to above responses. ■ Myrde r h,SC Board of Commissioners Meeting 08/05/2013 12-20-6 E V opm March 2 ,2013 , mecting you Will s The a mom; I located dkoefly beinod the 16=16*m"arw4m*wk —RW7� 1fit lb vomffiftlEnEflis Mona&MM 2,11A 122 IL OAM6M MWWjm Mwo imW6%*w=- mm" Ew am w "aaft:= ME am ly"Involved in ■ MIL 4wM me M ; y f : t s what �� ss of IIEW I=Bois. we MORO fa kvm w WWM=- MR= that y ° ftwR .,..,county MMIRM pia and we look fierward% Senior of r Board of Commissioners Meeting 08/05/2013 12-20-7 rr� ult� it �r�tr David P ynt r ion l Library e tin ,2013 jMNE4 RM MW AMOK dH=wOL=SIS=M6FMA6#", %gwagv�q== "* jWsent e �, 41 Corridor Plan im NEW w t lly developing parcels in thM&4zPMfflIMhffl SI'WVFQuntV Board of Commissioners Meeting 08/05/2013 12-20-8 r mum r Board of Commissioners Meeting 08/05/2013 12-20-9 941 g _ _ ' _ _ AL ■ ■ r 4 1 - $ d r 1 ■ � 0 ■ ■ ■ Board of Commissioners Meeting 08/05/2013 12-20- 10 .r U 'I I 1 Board of Commissioners Meeting 08/05/2013 12-20- 11 mauffing mas%w 116�the 1,ja VIcent 0 ft"M*ftN4A0%*01004 Jow rqpWW Drive 1 09MR0 MMME %Pqd I am"memo= A SAM&MA lljft� l�' NNW 44 L IN amp= I nts reduce overall trails or Abh*AA%04 Ao4&4wOtrips W"AMA W&P""mi EMMS&MI%Mplained *1 AM"50A**vw@iw discussion 'OPE MqEMq=99MIlsion MWARIP"bo" it or"Vwi%r Ord rmw am S Nrmmrlm� I IMPYMapartment complex communities- mm So Uwwwawow 1%one area il 444W zgmo MEUMy concerns mentioned im WMEM IM Z X*At other sites were considerel Iw W p%V*@4 hj, LIW) -* Now WvA W6*Am needed Observations: i "mMamr=10401blt w 50~AM&A R*awoh out to Greater Wilmington business community to recruit M ISM that another car lot on Market was not an option-applilft pwoIJ1644*4 4 vw a we permitted by right currently, however,they were not tr**qM FWW ZyO S�=I=9evelopment proposal It IRNMA LuMad Umussions wlthATJ Mace under way as well as Wal-Mart,fopE MWAWWVV= & OREM N&M NARNAIIJ6 mum@"W11%"Now b"Mft*ft0P"" F ANIM IRMO%MR=EMUMMM MM zwwff� JR==19 LMW6AWVF*b#wA�A Z%Aa*&iat bwo**#w* Zq=T W00104r* P=M*U Board of Commissioners Meeting 08/05/2013 12-20- 12 HE Omm IRFUMM IN M�ft w4vi w Ami6arnily was on Spring Break IaM "Ook 0 tm PIPMOfflWmil d6ft ON 4 IMMM604 mmal M ME WIM M 9F or lillimm MMMMFjM MM BE jMjqqO 1%wow W rol no RAb 31 S&WUM&UNI� Nka IMM96M IWMM MAMA Emmill affazwou,WNVV & mom mom*rowilicokoliNvi""A W ft"MRA6mobs 1 1 lv� ammir W AUPASIA low"ROJOWMi6rMMI $MV jmg*srq make Im ampok""wqk Board of Commissioners Meeting 08/05/2013 12-20- 13 Lta ■ Board of Commissioners Meeting 08/05/2013 • 12-20- 14 u � I { I i ..................... 0 IL .............. .................. ....................... NEW- ..___. . Board of Commissioners Meeting 08/05/2013 12-20- 15 a #� t is $�. +�{* �^'' ,:��.V-K•'�1 i ■ ■ � .. ........ .....m F ��i 7�, f , {' i G i ......... ...v.. 1 • ■ " WOW rw Jim ELM E 7 ■ a ■ 1 i ■ 1 ■ I I ■ ■ Board of Commissioners Meeting 08/05/2013 ' 12-20- 17 Mum" + is ail � . ■ a �4 V PSI IV � i ■ MIT y� Board of Commissioners Meeting 08/05/2013 12-20- 18 off, air ■ IN Board of Commissioners Meeting 08/05/2013 12-20- 19 MIIL Board of Commissioners Meeting 08/05/2013 12-20-20 N G { 2 O f f 3 G i a r r v s v i v � � s s - C �a �a - d m - - � iE I a24, - IE ad — I I a ; ac n C �r I �u r I JI L Board of Commissioners Meeting 08/05/2013 12-21-1 Board of Commissioners Meeting 08/05/2013 12-21-2 ti � r � ,�.�� •..E �I {��[as�sxv�� uaa�ua i� �fa �'�`� ,rr Ij a AUJIMUMPUff 4•ii� '_fir �.?? .�"-: ■`°�` '' ��` '� t 1pa 0.2c r i$ c ,5� r � ��• q AS LU I IU All R { -A f ri °i I r ICE Ul PIP i �� a ■ ►r x. - ��,qI —2r1 t t a��? + I�u�■ia yk� `4� *4r I.. A wpm x Hill j � li' f 1 lb � � ( xT �� m wrI � "'a I I��ti 11 ll�,..r• .I ti !! � s � � tP�., 7 v ,P + 1' 1 1 ■ i i I I t V4rI I I I Ui t Board of Commissioners Meeting 08/05/2013 12-24- 1 I I I f — JiIIJy�I I?• { . i i Fir.—r Ir i 'Y IA n .r r I�e YI �' 3 I ll TOJ J I AGENCY COMMENTS Board of Commissioners Meeting 08/05/2013 12-26- 1 ■ North Carolina Departftif i4tawd Natural Resources Wnwalwaiw" Pat McCrory 7%MM x AW111F Johnd Skvarla, III I Governor WN mm*w Secretary ■ 0 0 Jun X27, 2013 WWWOMWO HNOWWWW F51MRATION ■ JW"& IN116 1111=lffian= MW=9019Q0 010%V11 9 % moon amisimIs an 401 WATER QUALITY CERTIFICATICIN WITI■ 0 ASONUM hill I ORW410"M +W MFM 96 lllq�WRONAMPM ■ Dear Mr. Hamer, % 0 0 0 0 Attached OkO in 1W. David Hamer and Paramount I I I "HIMEM16 17,2NU. ftose note that you should get any of %Orvi, lisle iff%10 with your project, including those requb*MW&A wA 116464 3*1W115%*V aA 1111#4111m Ontrad, Non-Discharge,and Water Sup*= This approwe Vd If-#vMdV6mw wo W Ud M04kg wAx mwok*We T&5oloWuNw-ow go contested me MROV 11 an adminis RF I bK90 IIMW a M% 41 petition f ■ Clerk's Offin at Sw bAwwWM** qW90 ENO ON 111111104 ME"If A&"gi rpftn-must be filed with the C§L 14 11wigillim ip UP141MV4 JIM MA00411*"VW qq=g UN&WWO%P1r affi%OAqW "WOR 11181m^MMW w016100111 ="M '======"= 0 ■ The petitiom to"kwWW 11w 44 I%W Ot qWRIPPIRWOM, POAAW=440�0"Oft*W"o the petition"Aam*"Em NAM"MIR 99109= business c1aWfflNMgWVftffiM Wetlands,Buffers,Storees a Unit ■ 1650 Mail Service Center,RV=JT 3CV-ff== Loostron:512 N.Salisbury St. Phone:919-607-6300 1 FAX:444 1 JErrVW PVPftX-6748 incenet:wass,nawaterquality,a4 Board of Commissioners Meeting 08/05/2013 12-27- 1 PARR P ION M-0305 #3964 Page 2 of S mJilin g address for the OAH: li van so------------- - ULM Unless sucill 111 19 so AS Ic ■ ■ 74 Ell" 9p ft Pilo MA 9"H1lU HIM "El 1*0W WERE "p bunfilm WES mom awrNiff 44&9b bl%k POW&A"- 1110111%00111110.011M Rename:130305RetaliCenterNorthemNewHanover ■ Board of Commissioners Meeting 08/05/2013 12-27-2 0 0 0 M 0 ME ME 0 0 MEN 0 0 0 0 0 0 0 0 0 ME 0 M 0 ■ WE PARAMOUNT DEVELOPMENT CORPORATION DWQ#13-0305 Individual Certification#3964 Page 3 of 8 VRTH CAROLIJA 401 WAR QUALITY C M ""Oil qla"MR&I& ;=q*w"Vr*qM6@ A%VMW WL M111%two 1044 9d war BY LW This approM L mAdAmadl of the other specific and Nq 1 1 W hm 4m Aw*qdK -On 09W Q4rgb WMMhL MM 11:!Ii�iii'�ll,ill'i''i��:�'i 11,11 M S= EsBad PhOMMUL am M IR as MW 1w O&MM lh%k 15 7.qE&W&9w arahEw iL iqmqL F ow w= =Mgt "N"WWV Board of Commissioners Meeting 08/05/2013 12-27-3 PARAMOUNT DEVELOPMENT CORPORATION DEEQ#13-0305 Individual Certification#3964 Page 4 of 8 lWaIMMAM 01hMion a omit golml urvisor"rMwww ANN FAWAlle ElhAllkwum "% FIRIA SEEMM I aw MEM n ■ MARWNW. goo - mammonk. wo IN H�ft WEft Em mm "who IN Allift V60 do ft 11111111102111M Ar ir qwniwa %M"a&*"M p , 4 Mg MM&Wo M1&6 Iff fill of arq "w1g wONA, wMl%+&JJA1%MW aam w&wb apuw a w MarQEMMIffir 2,�A - loop& _--mm-mmi-Imewunown I I I VE 411"V%&ftw%UVM"% ammummPluawmammi "VrV4 low raww"64 aq L% Wbpqw for this project are inc h vWvm 1"i We • ■ I_1411 1z 1 �Aw at I=W=' wa wqw I III 611111191APAIM04 IU jmqa I BMW PE-Mmft=4 to: a. MENPW no"Elli*trymu d w"nd INSIMIS"low POP"Ok Aso" W a ie 5 nt pq b, W WARiLM MIK 90 Mw Eon=mramo IMSHOU U90 W 60brill. ■ ME"mwu"sa motild-M"w4"ww Aq�so wa&Am awma w qft Wgj� bipgArAfm Vining Manual. ■ Board of Commissioners Meeting 08/05/2013 12-27-4 PARAMM"W"MrM"U"RATION DVVQ#13-0305 ■ Individual Certification#3964 Page 5 of 8 ■ ■ 0 %ammik"Visas qM*qARwqW"Move*wV% "dbWAIM" b S*f=AMVM 1= al so e. ■ wo O.Vo g2d*u wow %""4 mow a mirm. ■ INNER*E"=ML E91ow . 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"ioawwamw wml notify 4Ar%w1Jw 64 Mrwwq As 6MOROMM"aw WOMA&so wow* W.no WORM jWW=nmM MW mM Mm@M a onoWul 04j1W&Irgliftion Mims Ord@* (00AMb 44: 20.This ceRMOMM dMW 111EFEM11gr S ft&PqjVqz,Ww Vw*Mrized representative of thil Direct ca, Iff boo a&jrTm*n WMpolwo4w A jwqpw walentials,to enter the proplgl�p during I This approA 9 WMMJ SM WW Wroposed impacts or to conas Men Fv� depicted in jWqwpjV4".*4*Wire upon expiration of the Milaid V6W NJ=, "k conditions 9*JHwA on SkAba 9&&once shall remain in effeadwifindh I I regardless of the expiration date of this Certification. ■ Board of Commissioners Meeting 08/05/2013 12-27-7 ■ 1 1 PARAMOUNT DEVELOPMENT C RP ■ DWQ#1 ■ Individual Certifcabo ■ Pais a soon om go filimw pilaimilip no~W4 Ire , ■ ■ ■ ■ 1 H/]ab 1 3964 1 ■ Board of Commissioners Meeting 08/05/2013 12-27-8 CVs,- Burgess, Sam ket Stret(WAVE Transit) I Site Plan ansit),Pdf Good mrinn ■ it findsmiou wefl.A7tached l ■■c ZVF-AM�4 MW . u n sw W , *""Wow w Arftmw i tt W iM6*4§kAJ6wr w a *m aoA*ww RM ME, IM ffimmpumw F p a ' x. -- AA - wo n : a , ran sit Fgency, We look nor Y i PIMERt ■ I �'_ -- horil ■ :. : .m. .. amwit.com x ry ' Law Transit Pilo- Front: David Horner [maflWdharrprnd pararnountdevCorp,.gprq] Sent:Thursday, June 278 2013 4:59 PM Toe Megan Matheny Cc: OIKk eg h �,, bur° es i h a( x Subject: 8107 Mar Hello GIs, iViatheny, t Board of Commissioners Meeting 08/05/2013 12-28- 1 M A fflW OpOf M*wm call today, I am sending you some additional information about our proposed development- mp&411116-4 a Iww-N)n aerial and our site plan. Rvd"F"RM61AU MW VULM IV 10 9MM IS PUMMINIO*IF 0 VURK 900% 1 Vill need to run any EpMM kF*j mcww*mv*,*K 6al*mom me wo va&61ALm awo mowwA &*W6* I have copied Chrls,6'4PA mA Jw*4*jjPw keep them in the loop. Thank you. ft*4 -K. OFPWW,cl!I M ■ W a W. ma NEW INNEW NM*W*"Uq SC 2151* ILMMEAM OMW 469111FM........................I VgQD.Com TP. Message Score:28 High(60): transit,com My Spam Blocking Level:High Medium(75): Low(90): alock ■ BlockmAmAtransit,com Board of Commiss2 ioners Meeting 08/05/2013 12-28-2 COMMUNITY COMMENTS Board of Commissioners Meeting 08/05/2013 12-29- 1 Board of Commissioners Meeting 08/05/2013 12-29-2 Williams-Rowland, Jackie From: Ralston, Shawn Sent: Friday, May 24, 2013 10:21 AM To: O'Keefe, Chris; Burgess, Sam Cc: Williams-Rowland,Jackie Subject: FW: 8107 Market St Rezone/Special Use FYI—Walmart comment Shawn Ralston I Planning Manager Planning & Inspections - Planning & Zoning I New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 (910) 798-7444 p 1 (910) 798-7053 f From: Greg Butner [mailto:greg5605 @yahoo.com] Sent: Thursday, May 23, 2013 9:44 PM To: greg butner Cc: Ralston, Shawn; White, Woody; Barfield, Jonathan; Wolfe,Tom; bberger @nhc ov.com; Dawson, Beth Subject: Re: 8107 Market St Rezone/Special Use I would like to resend the following email with real concerns after hearing from DOT and developer. They are estimating 10,000 car trips per day to the proposed development. Double what I already felt uncomfortable with. I think just adding a median and making a turns is NOT going to solve that. Look at Leland area of Waterford at rush hour. If a wreck does happen there is no where for traffic to get around the wreck without a center turn lane. It takes hours to get traffic moving again. We need a new school and upscale local businesses not Big Box stores. If they want to help with traffic put the walmart in Hampstead or Surf City. It is just going to bring more cars to Wilmington. Property zoning should of been reverted back after the hospital fell through and no way you should rezone residential acreage for Big Box Commercial developed by an out of state out of state income tax developer who will bring out of state contractors to do the construction. Sent from my iPhone On Mar 18, 2013, at 3:16 PM, greg butner<greg5605(a�yahoo.com>wrote: As a resident of northern new hanover county who has to battle traffic everyday, I am very concerned about a large shopping development such as a Walmart being placed at the site of once was to be a future Medical Center. Check when that property was rezoned last, did it get zoning preference thinking that it was going to be the future home of a northern hospital. The traffic plus adding more lights that would be needed would not be conducive to the area. The area is in a desperate need of a school. I was told the county was looking at a site around that area to put the new Porters Neck Elementary School if the bond referendum was passed. I am in favor of adding small upscale shops or smaller not so many car trips per day stores to help the economy but another big box store is just an eyesore to our northern part of the county. There is already a long stretch 1 Board of Commissioners Meeting 08/05/2013 12-29-3 unattractive stretch of car dealers, fast food and big box shops, from middle sound south to princess st. We need another school and smaller upscale nice retail looking shops not more big box in this county. thank you for your concern Greg Butner Total Control Panel Login To: sralstonknhcgov.corn Message Score: 1 High(60):Pass From:_greg5605jkyahoo.com My Spam Blocking Level:High Medium(75):Pass Low(90):Pass Block this sender Block yahoo.com This message was delivered because the content filter score did not exceed your filter level. 2 Board of Commissioners Meeting 08/05/2013 12-29-4 "Mmir Ulm P, EW OWW PM 65,1164k, 5W JIM",9600*(immftb 11- up" 24" Subject: A6Eq M"md 10-111111)W"M1151" ORN Jowwr mmmllMmIM Sam, thanks for taONV*W IM RkIlWA&arm U" 441FWW�. 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IFIONOW1, A #pip 1141111111" iWOOMMAO lmmlft Oax base and PAWWRM* MAwAs&W U AW&A Mlmmt%ir FAIM it Mw mrim*milllhip wwA we L&OWIL%baet to go to the IMPUF ► 20, If MRWM60,10 011111111W aNi Iff MWiM W=A NIMM*MN buffer yard, aped median Board of Commkioners Meeting 08/05/2013 12-29-5 MMESEctive entrance into the county and city of of Orw VITR �m N in 0 Thanks for your consideration a@ you prepare your staff report. Pleaf& let me know if you havEany questions. Mw"IF, I.-#^ RILA,ASLA ■ ■ &wdscape Architect ■ Elm To: ............... ....................... WMIIW WIN,( High(60): From: WIPM Medium(75):ra Low(90): r ffilakilEmender NJILMP"Loom Board of CornmAioners Meeting 08/05/2013 12-29-6 ■ From: O'Keefe, Chrt Sent: Friday, May 17, 2013 11:05 AM To: 'Dick Chant)aip* Cc: Dawson, Bet);[Ed Ergessm _4*=m*-1116AW A**A1w*1641�%m,AAm,Woody, Bu Sam Subject: RE: NEW WAL-MART rlai&Rue Rw 4&6r(T)mrrw17ns N1.Chantland. WL 4010M I A4q4**%*o0eMai1 in t7e ?W for This?Project, �U JJ6 1116A&3(ountT PlInfing 13coill will l*N M lLl4fflt1MfflhX%3w*iio Fce�a7`their.June moa*iou W,1�rq 0#4V *j kV"ftr-T�ou7il;V Alsooric Copi**use, SO 4,ftd I& 727n��Jft Siniiere,ll Chris O'Keefe I Planning/Inspections Nrector "UPM 11 AWLiens I New Hanover County LPN WmwwwwmA Center Drive, Suite 110 TM-71 I (910) 798-7053 9 DoWo k6ko MW 67, 2013 10:49 AM * 901111ft Q" IM UNEW,4M'Berger, Brian; Barfield,Jonathan; Wolfe,Tom; White, Woody AMOM V9 M&-MART %4A61&A rJ"Welarding the new Wal-Mart for upper Market street is somewhat misleadinal ME Aw n t0 say they will create 300 new ohs is misleadin Tftj 10 2161"flEr all c4 the nrent loral businesses resulting MAYBE 2 Lowes will lose business. Harris Teeter will lose business Food Lion will lose business. Other smaller stores will lose business. This will end up Or*'4 FE*4 A M1qff7%%4lON of local business! Is it wrong? Maybe it is fully legal and prop q&if RW%d VIOdp4ocal growth, Because it robes Peter to pay Paul. Board of Commkisioners Meeting 08/05/2013 12-29-7 MwIlIldR OrOlM it's market to take from others for their gain, suppUvtMj6rTwUdp%g=&wrnal cost a%lFV Wwwiding ANY NEW SERVICE OR PR DUCTS Richard Chantland 8747 Ramsbury Way 28411' To: WNSdUM sender MEMO From: Board of Commillioners Meeting 08/05/2013 12-29-8 01111�11 is From: parry Parr <pparr@ec,rr.com> Sent: Tuesday, May 28, 2013 4:19 PM To: alaw@ncdot.gov, Burgess, Sam Subject: Walmart Development Market Street Anthony and Sam, NO&IW yow 16fermation but also to make swo Ut 0WmVvwiiow i-I addressed by Paramount,NC DOT and TEPMM"Wisiff UOLM 6""MW&46NJ A""Y**plow"*"Wq*wm mrwg potential from wow M"Nor @WWI Ark IN%riw 5*0 Ir IV Swim Qrnvqpo timmit t ig EM*Fe negotiations with ParanM=AMENEW Ilk AULd driveway access Market Street roperties. I%Amm wirA kramount to provide anelyis if rwW mi W Mmmidr qm6ft fta&*por""I j*%j UA K N&JMwJ6vay access and are waiting We would also like WW 10 Ndw AM 4ARftmm&*Ah*V Reir results. At present our patiW&WRWK hJ boomto low**owa I*r a jj&oft K6m~VmWg*. Amrw**Aft%Oft 16%m4w w**46 PPA*Pw*wJ"W*-&*'w9*iNIIIN QEt 10 Ot It Ample right into or*a Eff Aw� "JOW K%a&IM"w kwA6 00 A60*tx"sowic*0*4m I-A Jzw at the signal to U mm is am#My*. *01A WE=Mac Lrft Em Am Ek possible but at times A AARA&Ait*%a~Uwation of traffic M&WA emi k"46"W446M ANAVot. 445ft-mg 41 Jr-qIffects of Walmart's traffic i9imm ja 4mb mOW. We would like an HENIM 49 MW NU JERLAK WMIA JU inning Wwo Me iwrmasrA traffic flow generated from the mpaq Bo"V the Seamist propeN AW IM IJOAw 6"A MrAw a= Thank you, Dr. Bob Parr Board of CommTgsioners Meeting 08/05/2013 12-29-9 To:sear ss hcgo y.®.jjl Message ScwwA High(60): r )e _t Mar Spain BINME6121194M Medium(75):� Low(90): this ■ ■ r Board of Commiioners Meeting 08/05/2013 12-29- 10 rW �� NJ ket 11 x p W 175" w xx Is Il7a .. ■ �t �;„ raw*to be M o� try F ... 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