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Agenda 2014 01-06AGENDA 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 - BRIAN M. BERGER, COMMISSIONER - THOMAS WOLFE, COMMISSIONER CHRIS COUDRIET. COUNTY MANAGER - WANDA COPLEY. COUNTY ATTORNEY - SHEILA SCHULT. CLERK TO THE BOARD JANUARY 6, 2014 6:00 PM MEETING CALLED TO ORDER (Chairman Woody White) NON - SECTARIAN INVOCATION (Rick Houston, Senior Pastor, Pilgrim Rest Missionary Baptist Church) PLEDGE OF ALLEGIANCE (Commissioner Thomas Wolfe) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of State Road Resolution 3. Approval of 2014 Congressional Priorities 4. Approval of November 2013 Tax Collection Reports 5. Adoption of Budget Amendments ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 5 6. Consideration of a Resolution Authorizing the Permanent Addition of the New Hanover County Slaves Deed Book into the Collection of New Hanover County Register of Deeds Records 10 7. Consideration of Fee Schedule Adjustments at Airlie Gardens Effective January 7, 2014 to Compensate for the New Requirements Associated with G. S. 105- 164.4(a)(10) 30 8. Public Hearing Special Use Permit Request (S -616, 12/13) — Request by Lorraine Collura to Operate a Child Care Center in a Residence Located at 1220 Potomac Court 20 9. Public Hearing Rezoning and PD Master Plan Modification Request (Z -880M, 12/13) - Request by Burrows Smith for River Bluffs Development Corporation to Modify a Previously Approved PD to Include the Rezoning of an Additional 11 Acres Located at the West End of Chair Road from R -20, Residential District to PD, Planned Development District; Request Also to Amend the Previously Approved PD Master Plan to Include a Board of Commissioners - January 6, 2014 Commercial Marina PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS MINUTES 10 10. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 11. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. 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 Board of Commissioners - January 6, 2014 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 6, 2014 CONSENT 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: Agenda Review Meeting held on December 5, 2013 Regular Meeting held on December 9, 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 - January 6, 2014 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 6, 2014 CONSENT DEPARTMENT: PRESENTER(S): Sheila L. Schult, Clerk to the Board CONTACT(S): Sheila L. Schult SUBJECT Adoption of State Road Resolution BRIEF SUMMARY: NCDOT is considering the addition of the following roads and requesting the Board to adopt a resolution in support of adding the roads to the state system: Dunhill Lane (proposed extension of State Road #2585 Dunhill Lane), Tangelo Drive and Kiwi Lane located within the Citrus Cove Subdivision in New Hanover County (Division File No. 1197 -N). STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR -2 resolution. ATTACHMENTS: NCDOT Request Letter SR -2 Resolution Maps COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - January 6, 2014 ITEM: 2 M STATE oF N ' NoRm CARoLiNA 'lovember 26, 2013 RE CE I VE'D ANMONY J. TAT.A. SECRETARY Drive Subject: Proposed Addition to the State System of and (Division File No: t # • a", f #i District Office 300 Division Dr. Wilmington NC 28401 (910) 251 -2655 Fax(910)251-2759 Board of Commissioners - January 6, 2014 ITEM: 2 - 1 - 1 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Dunhill Lane (proposed extension of State Road #2585 Dunhill Lane), Tangelo Drive and Kiwi Lane located within the Citrus Cove Subdivision in New Hanover County (Division File No. 1197 -N). WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described roads) should be added to the Secondary Road System, if the roads) meets minimum standards and criteria established by the Division ofHighways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the roads) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 6 th day of January 2014. WITNESS my hand and official seal this the 6 th day of January 2014 Sheila L. Schult, Clerk to the Board New Hanover County Board of Commissioners Form SR -2 Please Note: Forward directly to the District Engineer, Division of Highways. Board of Commissioners - January 6, 2014 ITEM: 2 - 2 - 1 Board of Commissioners - January 6, 2014 ITEM: 2 - 3 - 1 Board of Commissioners - January 6, 2014 ITEM: 2 - 3 - 2 0 0 N Board of Commissioners - January 6, 2014 ITEM: 2 - 3 - 3 51 Olt > A Aw&Z ei dp 0 0 N Board of Commissioners - January 6, 2014 ITEM: 2 - 3 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 6, 2014 CONSENT DEPARTMENT: PRESENTER(S): Carey Disney Ricks, Public and Legislative Affairs Manager CONTACT(S): Carey Disney Ricks SUBJECT Approval of 2014 Congressional Priorities BRIEF SUMMARY: The North Carolina Association of County Commissioners (NCACC) is soliciting input on recommended federal legislative items. The Board will receive a staff update at agenda review on January 2 with draft priorities. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Influence legislation and external mandates to enhance local autonomy RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve federal legislative items to submit to NCACC. ATTACHMENTS: Congressional Priorities COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - January 6, 2014 ITEM: 3 NCACC is soliciting input on 2014 Congressional priorities. The following are items that have been priority concerns for New Hanover County over the course of this past year and will continue as top legislative issues in 2014. Staff recommends the adoption of these items as those to be submitted to NCACC as 2014 Congressional priorities. Revisions to Biggert - Waters (flood insurance) New Hanover County has been working collaboratively with community leaders and stakeholders throughout the county to sustain a viable national flood insurance program (NFIP) while also addressing potentially punitive and unintended consequences of the Biggert — Waters Flood Insurance Reform Act of 2012. The New Hanover County Board of Commissioners supports any and all efforts to delay the implementation of the Biggert — Waters Flood Insurance Reform Act of 2012 that would result in steep rate increases for some NFIP policyholders for a period no less than one year to allow Congress to address and remedy these concerns. The New Hanover County Board of Commissioners urges Congress to: • Direct an independent examination of the National Flood Insurance Program's (NFIP) actuarial rates to ensure that they are fair and equitable and once implemented lead to the program's solvency; and • Consider how participation in a Federal Storm Damage Reduction projector compliance with specific State building codes and enhanced construction standards can successfully mitigate loss and lessen community -wide damage even in in flood prone areas. Reauthorization of WRDA (beach nourishment sustainability and unilateral extension of Carolina Beach's federal project) As stated in a memo from the US Senate Committee on Environment and public Works, "The Water Resources Development Act of 2013 promotes investment in the nation's critical water resources infrastructure, accelerates project delivery, and reforms the implementation of Corps of Engineers projects "; some 18 projects that "address all of the major mission areas of the Corps of Engineers including flood risk management, navigation, hurricane and storm damage risk reduction, and environmental restoration. The average annual benefits of the flood and storm risk management reduction projects alone exceed $690.3 million." New Hanover County urges that NCACC support the reauthorization of the WRDA and specifically reauthorization of the Carolina Beach federal project as a critical project in the stabilization of our New Hanover County beach shoreline. Many efforts have been pursued to ensure the reauthorization of this project working with such entities as our local municipalities Board of Commissioners - January 6, 2014 ITEM: 3 - 1 - 1 and a lobbying firm in Washington DC. This project will serve to preserve and protect the existing dwelling and businesses along this stretch of beach, protect an important environmental resource, and provide security to the economic climate of the region. In addition to the NCACC priority to support efforts to maintain funding for beach renourishment, New Hanover County requests that this item specifically include the reauthorization of the Carolina Beach project. Local Government Bond Interest Income Taxation Exemption New Hanover County currently uses tax exempt bonds to provide necessary funding for critical infrastructure in our community. The proposed elimination of the income tax exclusion will require a higher interest rate as investors look to recoup their losses. This will lead to additional interest costs incurred by state and local governments when borrowing funds to finance projects. For New Hanover County alone, increased interest costs could be in excess of $6 to $12 million for known pending projects. Effects of this change will be far reaching as local governments are forced to pay higher interest costs on financed projects. A higher cost to borrow funds will lead to an increase in property tax rates and ultimately the undertaking of fewer projects. Most significantly, fewer projects will result in fewer associated jobs further stressing local economies. New Hanover County has great concern regarding the limiting or withdrawal of the income tax exclusion for municipal bond interest. These concerns are echoed by many organizations including the National Association of Counties and the Government Finance Officers Association. We urge you to support retaining the federal government income tax exclusion for municipal bond interest. Marketplace Fairness Act The marketplace fairness act amendment would give state and local governments the authority to enforce already existing sales and use tax laws on remote or online sales. Currently, taxes on purchases through remote or online sales are self - reported by the taxpayer. This Act would compel remote and catalog vendors to collect sales taxes on behalf of states and local governments, generating an estimated $23 billion in tax revenue. The bill does not create a new tax. It simply requires online and catalog merchants to collect the existing state and local sales taxes. The bill alleviates the burden for the vendors to collect the taxes on their purchases by requiring states to adopt the Streamlined Sales and Use Tax Act before they can compel the merchants to begin collecting the taxes. North Carolina is one of 24 states that have already conformed to SSUTA, meaning the state and counties would benefit almost immediately if the House passes the legislation. Board of Commissioners - January 6, 2014 ITEM: 3 - 1 - 2 New Hanover County sincerely appreciates your continued support of this bill, which could generate millions per year for North Carolina and local governments of the state in uncollected sales taxes. The following items have been identified by NCACC as Congressional priorities. Included are the Marketplace Fairness Act and Beach Renourishment: 2013 NCACC FEDERAL ISSUES Ensure that Budget Reforms and Sequestration Do Not Result In Unfunded Mandates To Counties Description: North Carolina counties recognize the tremendous financial pressures to reign in federal spending. Counties have cut their budgets and programs significantly over the past four years to manage declining revenues and have suffered cost shifts and funding reductions as well. Congressional consideration of federal budget cuts should include a significant overhaul of program mandates and unnecessary regulations to make sure that federal costs and responsibilities are not shifted to counties. Protect TANF And Social Services Block Grants Description: TANF supplemental funds have been made available since the 1996 inception of the TANF welfare reform initiative to level -set TANF federal payments. The TANF basic grant formula over - compensated those states with high welfare family payments. North Carolina was penalized for having a conservative welfare policy with low cash assistance payments, time - limited benefits and an emphasis on work and personal responsibility. To address these formula inequities, the supplemental program was initiated for the 17 states being under - funded by the TANF basic grant formula. Authorization for TANF supplemental grants expired April 2011. N.C.'s share at $36 million represents 11 percent of total TANF funding. Counties use these federal dollars to provide county child protective services and for work supports such as childcare and job training. Support Remote Sales Tax Collection Description: North Carolina and its counties, like most other states, are losing hundreds of millions of dollars annually in sales tax revenues through untaxed remote sales. State estimates project an N.C. loss of nearly $122 million annually, with losses growing faster than the overall retail tax base. In 2011, national Internet sales increased 16 percent over 2010 while total retail sales increased at half that rate. The U.S. Supreme Court has ruled that states cannot compel remote vendors to collect state sales taxes unless a company has a physical presence in the state — a nexus. Untaxed remote sales also disadvantage local "main street" merchants that must charge and collect sales taxes while remote sellers are Board of Commissioners - January 6, 2014 ITEM: 3 - 1 - 3 not required to do so. While opponents of remote sales tax collection unfairly decry "tax increase," these revenues are already due and payable by law. • Please support: o S. 743 - Marketplace Fairness Act of 2013, sponsored by Sen. Mike Enzi (WY) Maintain Funding For Education and Workforce Development • Description: County education and workforce development programs work to increase levels of employment that will ultimately help our nation, state and counties continue its economic recovery. Counties request that Congress maintain current levels of funding for education and workforce development programs in order to prepare students and adults to obtain and keep jobs. Protect Counties during Implementation of the Affordable Healthcare Act • Description: The U.S. Supreme Court issued their opinion validating the constitutionality of the Affordable Care Act. Now, states are preparing for and currently deciding how to participate in the new federal healthcare exchange program. North Carolina state leaders are debating whether to increase those who are eligible for Medicaid and whether to initiate a state /federal exchange. As these decisions are made, it is still unclear what impacts they could have on counties. Main concerns center on the financial costs involved with the administrative functions related to processing eligibility paperwork. Counties request that the federal and state government be aware of and sensitive to the costs involved in moving forward with the implementation of the Affordable Health Care Act. Support Efforts to Maintain Funding for Beach Renourishment • Description: North Carolina Coastal counties continually face challenges with beach erosion. Having well maintained beach areas and access is important not only to these coastal counties, but to the entire state due to the financial impacts derived from an active tourism economy. The NCACC requests that federal funding being maintained for beach renourishment programs. Board of Commissioners - January 6, 2014 ITEM: 3 - 1 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 6, 2014 CONSENT DEPARTMENT: PRESENTER(S): Michelle Harrell, Collector of Revenue CONTACT(S): Michelle Harrell SUBJECT Approval of November 2013 Tax Collection Reports BRIEF SUMMARY: Tax collection reports for the month of November 2013 are submitted for approval. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: November 2013 Collection Report November 2013 Fire District Collection Report COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - January 6, 2014 ITEM: 4 M V-1 O N i E O Z _O L O N O v N O U T t O T 3 M ri U N > m � N 3 Z U Ln r1 lO 00 O rl N qj)-I Ln lfl 00 O rl N qj)-I qj)-I qj)-I N v N O U N N D N ri O N M O O N R ar 0 a O Ln 1 N Ln FZ O O rl lzj: N Ol N o0 00 �t M N M O Rt r- M 1- r1 M p M l0 r1 00 p Ln r1 Ol 1- O Ln M Rt r- O Ol -:F O Ln o0 Ln l 6 Ln N N N N l0 r1 v N C a Ln c�-I M rl r n M z lfl lfl :F rl N E Ln Ln l0 Ol r4 O U M M Tt w � w M � 1- w r1 Ol Ol N rn lO Rt N Ln M M ri Ln Ln ri to 4 o o0 of M N lO oo l0 1 s c-1 rl 00 oo N O Ln M U N LO l0 Ln N Ln o0 s m F Ln -- ri O O Ol 13 O M > Ln N N M O N 00 00 N r1 Ln Ln O 00 l0 N Rzj Rzj OR r1 l0 O N M M O o0 1_ M N M Rt N N M M O r1 to O 1 M Ln lfl N oo Rzj: lfl rl� lfl lfl Cl O I� d Cl o0 oo rl M O N O 1l rl O I� rl Lr LfI v O SZ M 1l lO o0 rl lO O O O l0 r- -I L o L d r lO rl rl rl O O (6 rl rl M O rl O C N l0 O l0 r1 1-� O N 00 O Ln rn Rt L Ln r ri oo 00 l0 N N Ol N rl I� d lfl M M 00 M N M Ln 00 N Ol Ol N 00 l0 00 00 00 00 00 � O N 6) rl 6 6 r1 4 4 M 00 Rt r1 Ln 1- O r- Ln O oo M l0 N Ol rl rl O N v 6) O� O 4 M N Ln N N Ol W CF) Cn O O Ol r rn N ry) lO r, M (6 6) W N > Ln !_ � E E 0 O Ln +, U o cn Q Q 6) U O v 1= M 4' bb - t4 C m L 4� U O O 4 � O N x O O m E E O c ° U �' a� a� L Q Q H U O U Ln r1 lO 00 O rl N qj)-I Ln lfl 00 O rl N qj)-I qj)-I qj)-I N v N O U N N D N ri O N M O O N R ar 0 a Board of Commissioners - January 6, 2014 ITEM: 4 - 1 - 1 lO M lO 00 Ln N r1 qj)-I rn M Ln N Ol Ln lO V)-I M lfl M lfl M V)-I M lO 4 N O Ln Ln qj)-I N N 00 00 I� 00 M O lzj: N co l0 Ol N �t M N N lO M l0 O r1 M N M O 1l 05 O r1 Ol Ln l0 1- -a N M Ol -:F v -:F O Ln O :I N N l0 r1 Ln N M a Ln Lr rl E O U M M Tt w � M Ol 1- r1 Ol Ol N N lO Rt N N M M O Ln M N 1 Ln o0 U O M Ln s c-1 N 00 00 O O M N l0 l0 > N N rl O O N 00 00 N r1 Ln l0 00 l0 N Rzj Rzj OR r1 l0 O N M M O o0 1_ M N M Rt N N M M O r1 Rt Ln o0 IZ O N oo l rl O r1 M I� d Cl o0 00 rl rl rl (6 C O L d or- M M O Rt M N l0 O l0 r1 1-� Ln N 00 O Ln rn Rt Ln r ri oo 00 l0 N N Ol N rl I� lfl M M 00 M N M Ln 00 w ri rl 6) N 6) O p O m N W N > Ln !_ E E 0 O Ln +, U o cn Q Q H U O Board of Commissioners - January 6, 2014 ITEM: 4 - 1 - 1 lO M lO 00 Ln N r1 qj)-I rn M Ln N Ol Ln lO V)-I M lfl M lfl M V)-I M lO 4 N O Ln Ln qj)-I M V-1 O N L G/ G/ O Z O i O Q. O V G/ O U t O v �i 0 G/ L LL T 0 M ri U N > m � N 3 Z U Ln l 0l M N Ln r1 qj)-I Ln rn M N Ln rl qj)-I qj)-I qj)-I G/ v G/ O U G/ G/ D N ri O N M O O N R a 0 a O M M�t Ln R N 00 M 00 0l O 00 N l0 0l N Ln 00 O O 1- M M Rt Rt N Rt Ln O m M M N N 1� � rl O rl rl 00 1� N rl N N 00 F, o N O N N 00 O '�-' N Ln Rt Ol Ln N E 00 00 M RZF O U O U a) o Ln qj). qj qj qj)- qj)- qj)- qj)- Ln r1 o r1 to Ln a) o0 oo O Ln 0o Ln 11l O to rn M r1 l0 1 O r1 M 1 O O 00 U r1 1 Ln m Ln w to s O 1� Ln N r1 l0 O R:j r1 U I M Rt o v s O M N M M N r1 00 O Ln CF) O Ln O M O M FZ N O O O l0 Rt M >- r- Ln N Ln M N 0 l0 FZ r1 l0 O Ln O N 1" O Ol >' 00 O M M Rt N N >_ N r1 O O M Rt r- N l0 1 Z M lfl — Ln Q- Ln v RZF Ln 00 O o :1- Rt Ln 00 0 0_ 00 00 r- O d Qq 76 c �O O M 1 - :I - lfl r O L O Ln N N M 00 4 4 M l6 N O d 1- — M Rzj 00 lO Ol l0 Ln � Ln to Rt M Ln m r- m M M 00 1- N 00 Ln LL N O 1-� 6 r1 Ln N O 1 Ln 00 00 rl M R:3 to Ln 1� � M Ol Rt N r-1 M M O rl CF) Rt Ln o U, M G/ N l0 l0 LU M M O N � m N � 0 O � !_ > N N bio 0 E v a' O i0 N t4 M C 0 cJ m U cn Q 4-J U O O ° N N N R O O m E E O U U U cn Q Q H U O U Ln l 0l M N Ln r1 qj)-I Ln rn M N Ln rl qj)-I qj)-I qj)-I G/ v G/ O U G/ G/ D N ri O N M O O N R a 0 a Board of Commissioners - January 6, 2014 ITEM: 4 - 2 - 1 N lfl N Rt 7s qj)-I 00 O rl 0 O V)-I Ol lO M rl V)-I Ln rl Ol N w qj)-I G/ v G/ O U G/ G/ D N 1 O Ln r O w M Ln 0l l0 M 00 N Ln -:i c O N w M Rt N r- lO M r- N O N M M M O M 1� N rl N N 00 r- r- '' O N N N E O U a) o Ln rn FZ: rn N l0 Ol Ln r1 l0 l0 N r1 -:i Ln O Ln Ol Ln 00 N Ol r1 r1 l0 O 1 Ln r1 O M 00 U R rl M l0 rl Ln s N N r1 r1 O O M O M FZ N O O O l0 Rt M >- r- Ln N Ln M N N rl l0 Ol v Rt Q- O Ol 00 0 Ol 00 00 a- 76 c O L d O M 1 - :I - lfl r O m O Ln N N M 00 4 4 M l6 N O r1 1- — M Rzj 00 lO Ol l0 Ln � Ln 00 M M lO lO N M LL N G/ N O m N � 0 O � !_ > N N 0 E E O N +, U 0 cn Q Q H U O Board of Commissioners - January 6, 2014 ITEM: 4 - 2 - 1 N lfl N Rt 7s qj)-I 00 O rl 0 O V)-I Ol lO M rl V)-I Ln rl Ol N w qj)-I G/ v G/ O U G/ G/ D NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 6, 2014 CONSENT DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director CONTACT(S): Cam Griffin SUBJECT Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2014. B/A 14 -042 Finance B/A 14 -043 Sheriffs Office STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinance for the budget amendments listed. ATTACHMENTS: B/A 14 -042 B/A 14 -043 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - January 6, 2014 ITEM: 5 AGENDA: January 6, 2014 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14 - 042 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 14 -042 be made to the annual budget ordinance for the fiscal year ending June 30, 2014. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Control costs and manage the budget Fund: $123M School Bond Department: Finance Expenditure: Decrease Increase Transfer to Special Revenue Fund $584,674 Total $0 $584,674 Revenue: Decrease Increase $123M School Bond $584,674 Total $0 $584,674 Section 2: Explanation In 2005, voters approved a S 123M bond referendum for New Hanover County Schools. This debt has been issued and the related projects have been completed. Interest and bond premiums in excess of budgeted amounts remain in the S 123 School Bond Capital Project Fund and must be transferred to the School Special Revenue Fund for proper closure of the capital project fund. This transfer has already been budgeted in the School Special Revenue Fund for use in FY14 school debt service payments. This budget amendment will approve the closure of the S 123 School Bond Capital Project Fund and will move the excess interest and bond premiums to the School Special Revenue Fund. 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 14 -042, amending the annual budget ordinance for the fiscal year ending June 30, 2014, is adopted. Adopted, this 6th day of January, 2014. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners - January 6, 2014 ITEM: 5 - 1 - 1 AGENDA: January 6, 2014 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14 - 043 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 14 -043 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 Fund Department: Sheriff Expenditure: Decrease Increase Sheriff s Office $20,996 Total $0 $20,996 Revenue: Decrease Increase Sheriff s Office $20,996 Total $0 $20,996 Section 2: Explanation To budget Federal Forfeited Fund receipts. 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 $66,335. 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 14 -043, amending the annual budget ordinance for the fiscal year ending June 30, 2014, is adopted. Adopted, this 6th day of January, 2014. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners - January 6, 2014 ITEM: 5 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 6, 2014 REGULAR DEPARTMENT: Register of Deeds PRESENTER(S): Tammy T. Beasley, Registrar CONTACT(S): Tammy T. Beasley SUBJECT Consideration of a Resolution Authorizing the Permanent Addition of the New Hanover County Slaves Deed Book into the Collection of New Hanover County Register of Deeds Records BRIEF SUMMARY: Register of Deeds Tammy T. Beasley requests a resolution for the New Hanover County Slaves Deed Book compiled and edited by Christine L. Ingram, William G. Koch, Caroline Napier Wine, and the Cape Fear Community College summer Humanities Class of 2013 under the direction of Dr. James C. Burke, Ph.D. The addition of the New Hanover County Slaves Deed Book into the Collection of New Hanover County Register of Deeds records is important because it expands the records to include an important, but previously underrepresented demographic group. The inclusion of these records ensures the most accurate historical information possible about New Hanover County at that time is provided in the collection. In addition, it is vitally important that the genealogical information they contain be made publicly available as this information is extremely rare and priceless to those who are able to trace their ancestors through them. STRATEGIC PLAN ALIGNMENT: Effective County Management • Increase efficiency and quality of key business processes RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Slave Book Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - January 6, 2014 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE PERMANENT PLACEMENT OF THE NEW HANOVER COUNTY SLAVE DEEDS BOOK IN THE REGISTER OF DEEDS OFFICE WHEREAS, Dr. James C. Burke, Ph.D., along with his students Christine L. Ingram, William G. Koch, Caroline Napier Wine and the Cape Fear Community College summer Humanities Class of 2013 worked diligently researching New Hanover County's deed books, located in the Register of Deeds office, analyzing and compiling slave deeds data dated back to 1734; and WHEREAS, this information is crucially relevant to the early history of New Hanover County, affecting citizens here and abroad; and WHEREAS, it is our obligation to maintain and preserve the historical information contained in the New Hanover County Register of Deeds, and to ensure that all future generations have access to historical information and data; and WHEREAS, New Hanover County has taken the responsibility to add this book as a resource for accessing slave deeds recorded in the Register of Deeds office. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby authorize and sanction New Hanover County Register of Deeds Tammy Theusch Beasley to permanently add the New Hanover County Slave Deeds Book by Christine L. Ingram, William G. Koch, Caroline Napier Wine and the Cape Fear Community College summer Humanities Class of 2013 under the direction of Dr. James C. Burke, Ph.D. ADOPTED this the 6 th day of January, 2014. NEW HANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners - January 6, 2014 ITEM: 6 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 6, 2014 REGULAR DEPARTMENT: PRESENTER(S): Tara Duckworth, Parks & Gardens Director CONTACT(S): Tara Duckworth SUBJECT Consideration of Fee Schedule Adjustments at Airlie Gardens Effective January 7, 2014 to Compensate for the New Requirements Associated with G.S. 105- 164.4(a)(10) BRIEF SUMMARY: Effective January 1, 2014, G.S. 105- 164.4(a)(10) imposed a privilege tax on a retailer at the 4.75% general State and applicable local and transit rates of sales and use tax to admission charges to a live performance or other live event of any kind; a motion picture or film; or a museum, a cultural site, a garden, an exhibit, a show, or a similar attraction or a guided tour at any of these attractions. Due to the nature of the events held at Airlie Gardens, keeping rates current and charging the 7% sales tax on top of those rates will create an administrative burden potentially causing delays in entering the gardens for events. In an effort to maintain efficiencies and good customer service, to cover the costs associated with the new 7% tax, Airlie Gardens is requesting the following changes to the 2013 -14 adopted fee schedule: Garden Admission: Adults (non- member) Non - Resident $9 inclusive of tax (currently $8.56 w /tax) Concert Admission: Adults (non- member): $9 inclusive of tax (currently $8.56 w /tax) Environmental Education Out of County Schools: $4 per child inclusive of tax (currently $3.21 w /tax) Environmental Education Adult: $5 pp inclusive of tax (currently charged gate entry) Prices for other garden, concert or educational admission tickets are not being increased and will become inclusive of tax, in effect reducing the admission fee for those tickets. The estimated net result of the new admission prices is near break -even at an increase of approximately $1,000 in net revenues. Annual Memberships (will remain the same but will pass on taxes directly): Individual $40 + tax= $42.80 Family $60+ tax= $64.20 Dogwood $175 +tax= $187.25 Rose $250 +tax= $267.50 Magnolia $500 +tax= $535 Azalea $1,000 +tax= $1070 The above proposed fee changes were approved by the Airlie Foundation Board at their November 19, 2013 meeting. In addition, the following rate increases are being requested due to the increased cost of providing events to the public. The proposed increase will include the sales tax required. Collected at the gate: Kayak Eco Tours: $55 inclusive of 'tax (currently $53.50 w /tax) Airlie Carload pass: $27 inclusive of tax (currently $23.54 w /tax) Advanced sales: Oyster Roast: $80pp + tax (currently $75+ tax) All admission revenues go directly to the Airlie Foundation. Board of Commissioners - January 6, 2014 ITEM: 7 STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Provide sufficient investment to add /maintain government resources • Maintain strong financial reserves • Control costs and manage to the budget • Enhance and maintain effective policies RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve fee schedule as proposed. ATTACHMENTS: Tax description COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - January 6, 2014 ITEM: 7 Effective January 1, 2014 Admission Charges - G.S. 105- 164.4(a)(10) imposes a privilege tax on a retailer at the 4.75% general State and applicable local and transit rates of sales and use tax to admission charges to an entertainment activity listed below: a. A live performance or other live event of any kind. b. A motion picture or film. c. A museum, a cultural site, a garden, an exhibit, a show, or a similar attraction or a guided tour at any of these attractions. An admission charge includes a charge for a single ticket, a multioccasion ticket, a seasonal pass, an annual pass, and a cover charge. An admission charge does not include a charge for amenities. If charges for amenities are not separately stated on the face of an admission ticket, then the charge for admission is considered to be equal to the admission charge for a ticket to the same event that does not include amenities and is for a seat located directly in front of or closest to a seat that includes amenities. When an admission ticket is resold and the price of the admission ticket is printed on the face of the ticket, the tax does not apply to the face price at the time of the resale of the ticket. When an admission ticket is resold and the price of the admission ticket is not printed on the face of the ticket, the tax applies to the difference between the amount the reseller paid for the ticket and the amount the reseller charges for the ticket. The reseller must retain in its books and records the amount originally paid for the ticket to be able to substantiate the amount of the resold ticket that is to be excluded from the tax at the time of resale. G.S. 105 - 164.13(60) provides an exemption from sales and use tax for the sale at retail and the use, storage, or consumption in this State for admission charges to any of the following entertainment activities: a. An event that is held at an elementary or secondary school and is sponsored by the school. b. A commercial agricultural fair that meets the requirements of G.S. 106 - 520.1, as determined by the Commissioner of Agriculture. c. A festival or other recreational or entertainment activity that lasts no more than seven consecutive days and is sponsored by a nonprofit entity that is exempt from tax under Article 4 of Chapter 105 and uses the entire proceeds of the activity exclusively for the entity's nonprofit purposes. This exemption applies to the first two activities sponsored by the entity during a calendar year. d. A youth athletic contest sponsored by a nonprofit entity that is exempt from tax under Article 4 of Chapter 105. For the purpose of this subdivision, a youth athletic contest is a contest in which each participating athlete is less than 20 years of age at the time of enrollment. e. A State attraction. A State attraction is a physical place supported with State funds that offers cultural, educational, historical, or recreational opportunities. The term "State funds" has the same meaning as defined in G.S. 143C -1 -1. G.S. 143C -1 -1 defines "State funds" as "[a]ny moneys including federal funds deposited in the State treasury except moneys deposited in a trust fund or agency fund as described in G.S. 143C -1 -3." Board of Commissioners - January 6, 2014 ITEM: 7 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 6, 2014 REGULAR DEPARTMENT: PRESENTER(S): Ben Andrea, Current Planner CONTACT(S): Ben Andrea; Chris O'Keefe, Planning /Inspections Director (PB Representative: Chairman Richard Collier) SUBJECT Public Hearing Special Use Permit Request (S -616, 12/13) — Request by Lorraine Collura to Operate a Child Care Center in a Residence Located at 1220 Potomac Court BRIEF SUMMARY: The applicant is requesting a total capacity of 12 pre - school aged children. The Child Care Center will be subject to review and permitting from the North Carolina Department of Health and Human Services Division of Child Development and Early Education, which imposes specific regulations pertaining to child care centers. The applicant is proposing to meet or exceed all applicable regulations, including having more than adequately sized indoor and outdoor areas, and a higher staff to child ratio than what is required. At their December 5, 2013 meeting, the Planning Board voted 7 -0 to recommend approval of the special use permit request. One neighbor spoke in opposition to the request citing concerns about noise and traffic. The subject property is currently zoned R -15, Residential District, and classified as Urban according to the 2006 CAMA Land Use Plan. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff suggests the following motion: Motion for Approval of the Special Use Permit as requested. ACTION NEEDED (Choose one) 1. Motion for Approval (with or without conditions); or 2. Motion to table the item in order to receive additional information or documentation (Specify); or 3. Motion for Denial based on specific findings in any of the 4 categories, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Board of Commissioners - January 6, 2014 ITEM: 8 ATTACHMENTS: 5 -616 Script 5 -616 Staff Summary 5 -616 Petition Summary 5 -616 Neighbor Properties Map 5 -616 Zoning - Aerial Map 5 -616 Reference Aerial Map 5 -616 Applicant Materials Cover Sheet 5 -616 Application Package 5 -616 Traffic Impact Worksheet COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - January 6, 2014 ITEM: 8 SCRIPT FOR SPECIAL USE PERMIT S -616, 12/13 Request by Lorraine Collura to operate a Child Care Center in a Residence located at 1220 Potomac Court. The subject property is currently zoned R- 15,Residential District and classified as urban according to the 2006 CAMA Land Use Plan. 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 - January 6, 2014 ITEM: 8 - 1 - 1 SPECIAL USE PERMIT 5 -616, 12/13: Request for a Special Use Permit for a Child Care Center in the R -15 Zoning District. Request By: Lorraine Collura Location: 1220 Potomac Court, Brittany Lakes Subdivision PID R03511- 005 - 004 -000 Summary of Request Lorraine Collura, applicant, on behalf of Lorraine and Michael Collura, owners, is requesting a Special Use Permit to operate a Child Care Center in her home at 1220 Potomac Court. The Zoning Ordinance defines a Child Care Center as: An arrangement where, at any one time, there are three or more preschool -age children or nine or more school -age children receiving child care, unless excluded by NCGS § 110- 86(2). (1017113) The applicant is requesting a total capacity of 12 pre - school aged children. The Child Care Center will be subject to review and permitting from the North Carolina Department of Health and Human Services Division of Child Development and Early Education, which imposes specific regulations pertaining to child care centers. The applicant is proposing to meet or exceed all applicable regulations, including having more than adequately sized indoor and outdoor areas, and a higher staff to child ratio than what is required. Aside from the installation of a fence in the back yard for the outdoor play area, no additional outdoor improvements, including signage, are proposed for the residence in conjunction with the child care center. Access to the site is provided via an existing residential driveway off of Potomac Court. Two off - street parking spaces are required for pick up and drop off; the applicant is proposing to meet this requirement by utilizing two existing spaces on the residential driveway, in addition to two spaces for owner /employee parking. The Wilmington Metropolitan Planning Organization (WMPO) conducted a traffic count on Potomac Court in December 2013, and the count yielded that Potomac Court had an average volume of 724 vehicles per day. With an estimated capacity of the roadway at 9,600 vehicles per day, Potomac Court has a Level of Service (LOS) of "A" and a volume to capacity ratio of 0.08. Based on the estimated peak hour trip generation, the proposed child care center does not warrant a Traffic Impact Analysis (TIA). S -616, (12/13) Page 1 Board of Commissioners - January 6, 2014 ITEM: 8 - 2 - 1 Preliminary Staff Findings of Fact (In Accordance with Section 71 of the New Hanover County Zoning Ordinance) Finding 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. The subject property is located in the New Hanover County North Fire Service District. B. The subject property is currently served by public water and sewer provided by the CFPUA. C. The site has direct access to Potomac Court via an existing residential driveway, and two off street parking spaces will be provided for child drop off and pick up. D. The WMPO conducted a traffic count of Potomac Court in the vicinity of the subject site in December 2013; based on the traffic count, Potomac Court has an average volume of 724 vehicles per day, representing a Level of Service (LOS) of "A" and a volume to capacity ratio of 0.08. E. The subject property is not located within any flood or archaeological areas and does not host any CAMA Areas of Environmental Concern (AEC). F. The project will be required to obtain approval from the NC Department of Health and Human Services Division of Child Development and Early Education. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The proposal meets the definition of Child Care Center according to the Zoning Ordinance, and Child Care Centers are permitted by Special Use Permit in the R -15 Zoning District. B. Required outdoor improvements are limited to the delineation of two off - street parking spaces to meet the requirements of the Zoning Ordinance, and a site plan indicating the parking spaces has been submitted. 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. Finding 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The subject property is zoned R -15, Residential District. B. Child Care Centers are permitted by Special Use Permit in the R -15 zoning district. C. The subject site is completely surrounded by residential uses; outdoor improvements for the Child Care Center will be limited to demarcating to existing off - street parking spaces and the installation of a fence, in harmony the residential community. S -616, (12/13) Page 2 Board of Commissioners - January 6, 2014 ITEM: 8 - 2 - 2 D. Similar in -home child care services exist in residential zoning districts in New Hanover County. E. 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. Finding 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 Wilmington -New Hanover County CAMA Land Use Plan classifies the subject tract as Urban. The purpose of the Urban land use classification is to provide for continued intensive development and redevelopment of existing urban areas. B. The request is consistent with Policy 5.7 of the CAMA Land Use Plan, which states "Preserve the character of the area's existing residential neighborhoods and quality of life ". SUMMARY Staff concludes that the proposal meets the requirements of Section 72 -37 of the Zoning Ordinance, the CAMA Land Use Plan, and concludes that the findings are positive. At their December 5, 2013 meeting, the New Hanover County Planning Board voted unanimously (7 -0) to pass a motion recommending approval of the request. One member of the public spoke in opposition to the request citing concerns about traffic, noise, and a possible reduction in property values as a result of the proposal. No members of the public spoke in support of the request. Note: A Special Use Permit is a quasi - judicial action requiring an evidentiary hearing and findings of fact. ACTION NEEDED: (Choose one) 1. Motion for Approval (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion for Denial based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Staff suggests the following motion: Motion for Approval of the Special Use Permit as requested. S -616, (12/13) Page 3 Board of Commissioners - January 6, 2014 ITEM: 8 - 2 - 3 Case S- 616, (12/13) Special Use Permit Request for Child Care Center in R -15 Zoning District Petition Summary Data Parcel Location & Acreage 1220 Potomac Court, 0.41 acres Owner /Petitioner Lorraine and Michael Collura /Lorraine Collura Existing Land Use Single Family Residential Dettached Zoning History 813 (July 1, 1972) Land Classification Urban Water Type Public Sewer Type Public Recreation Area Smith Creek Park Access & Traffic Volume Direct access to Potomac Court via an existing driveway. Average Daily Trips (ADT) in the vicinity of 1220 Potomac Court in December 2013 was 724, representing a Level of Service (LOS) of "A ". Fire District New Hanover County North Watershed & Water Quality Classification Smith Creek, (C;SW) Conservation /Historic/ Archaeological Resources None Soils and Septic Suitability Seagate Fine Sand (Se) — Severe: Wetness Flood Hazard Areas None Schools Murrayville Elementary, Trask Middle, Laney High 5 -616, 12/13 Page 1 Board of Commissioners - January 6, 2014 ITEM: 8 - 3 - 1 0 - -i —FIE - =o - _ / T L I i - \ �.. �\ F / �\ R 6� 0 N W W I U G vi 1 �\ 0 ES BURY °LT _ p TEWK —� 08_0009 _ N I i o LL ca A CC U I p d IM31 I r _ � 7 y — p co Q 7 R y 4r V 0. Q 6� a 00 (� c v " N w U \ N O '- ry m v C O O O m EE C R d Z U O C = v 0 04 I ry / \ ' �a I \ t. ! TTANY °RD __ , —1 � Z rn /� ,% � � •��• j\ , �t �... f �.,, k N HS rd of mmi stoner �� 6,6,201 EM - 5 � � � S u ° N g u N u w o � m w w s w a g z w w ¢ z Q z z Q N a Y a� a> z o u z g w o °� m w �� o Z Q O a 2 Z � � z�° � z Q � z b > w¢ a � i z w z a¢�¢ a w � Q o��° p Q�� 0 O Z Z a W Q� Q� a w z w Q Y a U O Q� Q Z O � O¢ ES 1 i Z O w� i° O u w Z o Z f a° J Z� a m a Q °� J J+ a�� o i Q Z > a Y o 3 u ° �� a a o� � g o o 3 3 ti� Y u >_ � 5 °= N N� z ° 3 3 u z o J w 0 0� , 3 Z Z Q Q w z u Q � z � z u a ` N o z Y z p Z a N z z a `ogz m=o � � �� wzQ ya �� Y z z ��., z�., h o w> a >�� p o a� z � u � Y� i z w F o o� °> � z z z �� o a m z m o ° K a a? w z� i o °�° N g z a� s o N� z a z 0 � a� o K� p z Z Q °x z z a z �NNa�a >smNm °Nw�a�oLL�NN��=� ' a 00 APPLICANT MATERIALS Board of Commissioners - January 6, 2014 ITEM: 8 - 7 - 1 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 -798 -7165 phone 910 - 798 -7053 fax www.nhcgov.com Petitioner Information Property Owner(s) Subject Property df different than Petitioner Name Owner Name Address Lorraine Collura Lorraine Collura 1220 potomac Court Company Owner Name 2 Parcel ED Michael Collura 803511 -005- 004 -000 Address Address Area 1220 Potomac Court 1220 Potomac Court 0.41 acres City, State, Zip City, Stake, Zip Existing Zoning and Use Wilmington, North Carolina 28411 Wilmington,North Carolina 28411 R -15 residential Phone Phone Proposed Use 910- 452 -9214 910- 452 -9214 Child Care Center Email Email Land Classification LAMJC51 @gmail.com 10 -1 Pam Res PLEASE READ SECTIONS 70 and 71 of the Zoning Ordinance prior to submission. For high density residential projects, please also refer to the High Density application and also note the proposal must be reviewed by the Technical Review Committee prior to submission for consideration by the Planning Board. Applications MUST be reviewed by Planning &. Zoning staff for completeness prior to acceptance. When Special Use Permits are required for uses more or less accessory to a residential use (i.e., in -home child daycare) or for single -wide mobile homes as required, a fee of $150.00 is required. All other Special Use Permits require a fee of $400.00. This fee, payable to New Hanover County, AjUST accompany this petition. 1. No application will be accepted unless accompanied by a plan of the proposed use and lot drawn to scale to be used as evidence in support of the required findings of fact (outlined on page 2 of this application). If submitting plans larger than 11x17, please provide ten (10) copies for the Planning Board meeting. You will be asked for an additional thirteen (13) copies of your site plan if your proposal moves forward to the County Commissioners. Also, please include one (1) reduced copy of the site plan. Digital submission may be substituted when accurate scaling can be assured. The following supplemental information is required: I One copy of current tax map 2 Narrative of proposed use 3 Adjacent property owners and uses 4 Traffic Impact Analysis (if applicable) 5 Site Plan (Ref: Site Plan Checklist) and signed site plan checklist 6 Authority for appointment of agent form (The owner or an attorney must handle the case) 7 Applicant answers to the questions on the application Note: Applicants should refer to Article 6 & 7 of the Zoning Ordinance for additional requirements for specific uses. The Planning & Zoning, Planning Board, and/or Board of County Commissioners reserve the right to require additional information if needed to assure that the use in its proposed location will be harmonious with the area and in accordance with the Zoning Ordinance of the County of New Hanover. Page I of 4 SUP (4 /fl) Board of Commissioners - January 6, 2014 ITEM: 8 - 8 - 1 General Requirement #3 The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity." • The improvements that will be made to 1220 Potomac Court will be interior with no change to the outside structure. • A fence will be installed to provide a safe outdoor play area. The fence will be similar to many fences in the neighborhood and will have a larger play area than required by the Division of Child Development and Early Education. Many families have fences surrounding 1220 Potomac Court. * Similar in home family child care centers exist in residential districts in New Hanover County. • No knowledge or evidence that this proposal to have a center would decrease the value of residents that live nearby. • My neighbor has an in home day care and I know about it only because she has told me. Her day care has not created any issues within the neighborhood at all.. General Requirement #4 The Board must find "that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County." • There will be no new structure on the property for the day care center; therefore the character will be preserved along with the quality of living for the residents of the neighborhood.. • When we moved to the area 22 years ago, we chose a neighborhood because of the amount of children that lived here. There are still many families with children that live in this residential area. • Smith Creek Park is less than a mile from 1220 Potomac Court, which encourages the harmony of family living within the area. The proposal is consistent with policy 5.7 of the county's land use plan, which states, "preserve the character of the area's existing residential neighbors and quality of life". Page 3 of SUP (4/10) Board of Commissioners - January 6, 2014 ITEM: 8 - 8 - 2 SITE PLAN CHECKLIST Check each itein to confirm that is included. Application will not be deemed complete svitlara t at1dressing each item. ]Tract boundaries and total area, plus location ofadjoining land parcels and roadways.. Existing zoning of the tract and neighl,oring parcels and proposed tract :zoning. Proposed use of tand, structures and other improvements. For residential uses, this shall include nrarriber, height and type of units and site plan outlining area to be occupied by each stnrctura and/or subdivided hot boundaries, For non- residential arses, this shall include approximate square footage and height of each str xctaire, an outline of the area it will occupy and the specific purpose for which it will be used. El Development schedule including proposed phasing. Traffic and parking Plana to include a statement of impact concerning local traffic near the tract proposed right-of-way dedication,, plans fear access to and fgorn the tract, location, width and right -of -way for internal streets and location., arrangement and access provision for parking areas. All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage. The one hundred (100) year floodplain line, if applicable Location and sizing of trees required to be protected under Section 67 of the Zoning Ordinance. Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the correspor cErilo General Use District regulations, which are the minimum requirements for Special Use Permit, or rather lirintations on land which may be regulated by State lave- or local ordinance, Any other information that will facilitate review of the proposed char e (See Article V11). Signature of Petitioner and /air Property Owner Page 4 of Print Name SUl' (4/1:3) Board of Commissioners - January 6, 2014 ITEM: 8 - 8 - 3 PARID: R03511-005-004-000 COLLURA MICHAEL 3 L NE A 1220 POTOMAC CT ITEM: 8 - 8 - 4 Board of Commissioners - January 6, 2014 OTIM I would like to obtain a Child Care Center in a Residence Center for up to 12 pre school age children at my current location of 1220 Potomac Court Wilmington. The area that I will be using has a square footage of 525 sq. feet. For 12 children, 300 sq. ft. (25 sq. ft. per child) is the requirement for indoor space and I will have an outside space of approximately 1200 sq. ft., which is 300 sq. ft. over what is required. My ratios of required staff per child will also be more than is required. My husband and I will begin the daycare full time and my daughter will be joining us in June of 2014. She is an elementary school teacher and teaches 1st grade. She would like to finish her Teaching Fellow obligation and then join us. She and her husband have become parents this past July and she would like to be with her son on a full time basis. That is why I am hoping to become an in home licensed child care center with licensing for up to 12 children. 1224 Potomac Court --- Musser, John --- residential 1216 Potomac Court --- Heckman, Bill --- residential 1215 Potomac Court --- Hart, Robert --- residential 1219 Potomac Court --- Stallings, Earl --- residential 1228 Potomac Court --- Whatley, Joseph — residential Board of Commissioners - January 6, 2014 ITEM: 8 - 8 - 5 Board of Commissioners - January 6, 2014 ITEM: 8 - 8 - 6 Board of Commissioners - January 6, 2014 Ll C, AtC 8 (�7 C -, r cp i° VC401 Board of Commissioners - January 6, 2014 ITEM: 8 - 8 - 8 Potomac 8 October 31, 2013 To Whom This May Concern, My husband (John) and I are neighbors to the Collura Family. We have no problem with them opening an in home day care. They are a very caring and organized family. We could not ask for better neighbors. If you have any questions please feel free to call us. 910-791-6047. Thank you, - �-- 'D j i Board of Commissioners - January 6, 2014 ITEM: 8 - 8 - 9 I I d6 �4--6 r b o-t Board of Commissioners - January 6, 2014 ITEM: 8 - 8 - 10 Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared A Traffic Impact Analysis will be required, or all projects generating 100 peak hour trips or more. The scope ofthe TIA shall be determined b y concurrence of Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures reauired must be included in the final site plan submitted for review. 17 PROJECT NAME (?Zf/Qg,0- CA PROJECT DRESS /aQ16 PA&lA Lajl (n�4 Z-, rqt/ DEVELOPER/OWNER I Me //QrCL- 9-/ EXISTING ZONING GROSS FLOOR AREA sq. ft. NEAREST INTERSECTION Z04—Ir— W 4 YOTIAN 7"To J Average Daily Traffic (Date) P 9 LEVEL OF SERVICE (LOS) - haEb- *rM Manual available at Planning Department USE AND VARIABLES: !�a&re- (Example: Racquet Club; 8 courts; Sataiday peaks) Peak Hour estimate confinned by Planning & Zoning on # -1 1 13 (Date) By Board of Commissioners - January 6, 2014 ITEM: 8 - 9 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 6, 2014 REGULAR DEPARTMENT: PRESENTER(S): Kenneth Vafier, Current Planning & Zoning Supervisor CONTACT(S): Chris O'Keefe, Planning /Inspections Director (PB Rep: Chairman Richard Collier) SUBJECT Public Hearing Rezoning and PD Master Plan Modification Request (Z -880M, 12/13) - Request by Burrows Smith for River Bluffs Development Corporation to Modify a Previously Approved PD to Include the Rezoning of an Additional 11 Acres Located at the West End of Chair Road from R -20, Residential District to PD, Planned Development District; Request Also to Amend the Previously Approved PD Master Plan to Include a Commercial Marina BRIEF SUMMARY: In March 2008, the New Hanover County Board of Commissioners approved a rezoning and PD Master Plan on the subject property. The project occupied 236.59 acres on the western end of Chair Road, adjacent to the Cape Fear River. The plan was amended in 2010, adding 92.9 acres and bringing the total number of units to a maximum of 761; 408 single - family, 103 multi - family, and 250 retirement units, 1.5 acres of commercial space, and 10 acres of office and institutional space. At this time, the petitioner is requesting the Planned Development District boundary be extended to include approximately 11.3 acres extending to the centerline of the river and to amend the approved Master Plan to accommodate a Commercial Marina within the southwestern portion of the subject property. Neither the 2008 or 2010 proposal included a rezoning of this portion of the site, which is necessary to allow the commercial marina as a by -right use. At their December 5, 2013, the Planning Board voted 6 -0 to recommend approval of this rezoning and PD Master Plan modification request with one condition: that fuel sales at the commercial marina and boat ramp are prohibited. No one from the public spoke in support or in opposition to the request. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Innovate programs to protect the environment • 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 one recommended condition: Board of Commissioners - January 6, 2014 ITEM: 9 1.) Fuel sales at the commercial marina and boat ramp are prohibited. Action Needed 1. Motion to approve the petitioner's proposal as amended; or 2. Motion to approve the petitioner's proposal as amended with conditions; or 3. Motion to "table" the item in order to receive more information; or 4. Motion to deny the petitioner's request based on specific reasons ATTACHMENTS: Z -880M Script Z -880M Staff Summary Z -880M Petition Summary Z -880M Neighbor Properties Map Z -880M Zoning - Aerial Map Z -880M Proposed Site Plan Cover Sheet Z -880M Proposed Site Plan Z -880M Applicant Materials Cover Sheet Z -880M Application Package COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with staffs recommended condition. COMMISSIONERS' ACTIONS: Approved 4 -0 without the condition to prohibit fuel sales. Board of Commissioners - January 6, 2014 ITEM: 9 Script for Rezoning and PD Master Plan Modification (Z -880M, 12/13) Request by Burrows Smith for River Bluffs Development Corporation to modify a previously approved PD to include the rezoning of an additional 11 acres located at the west end of Chair Road from R -20, Residential District to PD, Planned Development District. Request also to amend the previously approved PD Master plan to include a commercial marina. The entire PD with the additional 11 acres is classified as Wetland Resource Protection, Natural Heritage Resource Protection, Aquifer Resource Protection, and Conservation Land Classifications according to the 2006 CAMA Land Use Plan. 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. Conduct hearing, as follows: a. Staff presentation b. Petitioner's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Petitioner's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) Close the public hearing. 4. Commissioner Discussion 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? 6. Vote on rezoning 7. Motions to approve or deny the rezoning should include a statement saying whether the request is consistent with the land use plan and reasonable and in the public interest. Board of Commissioners - January 6, 2014 ITEM: 9 - 1 - 1 Rezoning and PD Master Plan Modification Request CASE: Z -880M, 12/13 PETITIONER: River Bluffs Development Corporation REQUEST: Modify previously approved PD Planned Development District to include the rezoning of an additional 11 acres from R -20, Residential District to PD; Amend existing approved master plan for the PD to include a commercial marina. ACREAGE: 11.3 acres to be rezoned to PD LOCATION: Western end of Chair Road extending to Cape Fear River LAND CLASS: Entire PD - Wetland Resource Protection; Aquifer Resource Protection; Natural Heritage Resource Protection; Conservation; 11.3 Acres to be Rezoned - Conservation PROJECT HISTORY: The subject property is located in the northwestern portion of the county in an area classified as Wetland, Aquifer, and Natural Heritage Resource Protection as well as Conservation on the 2006 CAMA Land Classification map. The property is accessed from Chair Road, a two lane local street which intersects with Castle Hayne Road about one mile to the east. In March 2008, the New Hanover County Board of Commissioners approved a rezoning and PD Master Plan on the subject property. The master plan consisted of 207 single family units, 47 multi - family units, 300 retirement units, and 15.17 acres of commercial use for a country store and an RV /boat storage facility as an amenity for the property owners within the development. The project occupied 236.59 acres on the western end of Chair Road, adjacent to the Cape Fear River. In September 2010, an additional 92.9 acres was rezoned to PD and included as part of the master plan for the project. This revision resulted in a maximum of 761 units; 408 single - family, 103 multi - family, and 250 retirement units, 1.5 acres of commercial space, and 10 acres of office and institutional space. All conditions of the initial approval remained intact, and one additional condition was added stating the Technical Review Committee (TRC) would decide whether gates would be permitted within the community. At this time, the petitioner is requesting the Planned Development District boundary be extended to include approximately 11.3 acres extending to the centerline of the river and to amend the approved Master Plan to accommodate a Commercial Marina within the southwestern portion of the subject property. Neither the 2008 or 2010 proposal included a rezoning of this portion of the site, which is necessary to allow the commercial marina as a by -right use. Per New Hanover County Zoning Ordinance Section 54.2 -3: Procedural Requirements for the Establishment of a PD District, minor changes and revisions to the Master Land Use Plan may be considered by Staff provided such changes do not result in a change in the use or character of the applicable portion of the PD. The 2010 plan showed the area that is now indicated as a boat ramp as a single family residential area while the proposed commercial marina site was previously shown as commercial and recreational area. The addition of the boat ramp and commercial marina has resulted in a change in the use or character of the applicable portions of the PD which are only to be considered by the County Commissioners during a public hearing. Z -880M, (12/13) Page 1 Board of Commissioners - January 6, 2014 ITEM: 9 - 2 - 1 PETITIONER'S REQUEST: The petitioner is requesting to add Tract "D1" in the southeastern portion of the property, which will accommodate a commercial marina and associated parking on 1.82 acres. The upland marina will consist of 143 docking slips on the Cape Fear River. The boat ramp to provide access to the river will be located just north of the marina site on .33 acres. An existing ramp lies on the property and will be improved to accommodate more intense traffic. Access to the commercial marina is provided via Angus Drive, a 30' wide private drive into the marina from the extension of Chair Road, which will serve as the main access road within River Bluffs. The boat ramp to the north will be accessed via White Cliffs Drive, also a private drive off of Chair Road. Commercial services will be provided at the marina site off Angus Drive. The Division of Coastal Management has issued a CAMA Major Permit ( #30 -13) for the marina and boat ramp with several conditions to ensure adequate protection of water quality and resources. STAFF POSITION: This request is being facilitated by Section 54.2 -3: Procedural Requirements for the Establishment of a PD District and has been processed and reviewed per Section 110 — Amending the Ordinance. A community meeting was held on Monday, November 18, 2013 in accordance with the requirements for such a request. The community meeting had six attendees with questions regarding the project, but no opposition was voiced. A community meeting report was submitted by the petitioner. This project as a whole encompasses three of the four Resource Protection land classification sub - classes in addition to land considered as Conservation directly on and adjacent to the Cape Fear River shoreline. Previous staff reviews have determined the project to be consistent with these classifications. Water - dependent uses that are designed to preserve a site's natural features are consistent in the Conservation area. The addition of the commercial marina and boat ramp within the Conservation area as proposed is consistent with this classification. At their December 5, 2013 meeting, in a 6 -0 vote, the Planning Board recommended approval of the request with the following condition: Fuel sales at the commercial marina and boat ramp are prohibited. There were approximately 15 members of the public in attendance for the Public Hearing at the Planning Board, and no support or opposition was posed. Staff recommends approval of the proposal with the recommended condition. Action Needed • Motion to approve the petitioner's proposal as amended • Motion to "table" the item in order to receive more information • Motion to deny the petitioner's request based on specific reasons Staff's Recommended Motion: Approve the petitioner's proposal with the recommended Planning Board condition. Z -880M, (12/13) Page 2 Board of Commissioners - January 6, 2014 ITEM: 9 - 2 - 2 Case: Z -880M, (12/13) Rezone 11.3 acres from R -20 to PD, Planned Development Master Plan Modification to accommodate a Commercial Marina Petition Summary Data Parcel Location & Acreage Western end of Chair Road adjacent to Cape Fear River, approximately 11.3 acres to be rezoned Owner /Petitioner River Bluffs Development Corporation Existing Land Use PD, Planned Development under construction Zoning History Area Castle Hayne (July 1, 1985) Land Classification Aquifer Resource Protection, Natural Heritage Resource Protection, Wetland Resource Protection, Conservation Water Type To be connected to CFPUA Sewer Type To be connected to CFPUA Recreation Area Castle Hayne Park or Cape Fear Optimist Park Access & Traffic Volume Chair Road (local) to Castle Hayne Road (major arterial) no counts on Chair Rd.; Castle Hayne Road showed ADT of 18,271 in March 2013. Fire District New Hanover County North Watershed & Water Quality Classification Little Creek, (C;SW) Conservation /Historic/ Archaeological Resources Conservation resources adjacent to Cape Fear River. Cemetery on -site adjacent to proposed commercial marina site. Soils and Septic Suitability On- Onslow loamy fine sand; Wr- Wrightsboro fine sandy loam; Ke- Kenansville fine sand; No- Norfolk fine sandy loam; Wo- Woodington fine sandy loam; Be- Baymeade fine sand; Le; Kr -Kureb sand; DO- Dorovan soils. Suitable to moderate limitation. DO is class IV unsuitable. Flood Hazard Areas Minimal areas of Special Flood Hazard Area AE along shoreline of Cape Fear River and inland creek. Schools Castle Hayne Elementary, Holly Shelter Middle School, Laney High School Other: Airport Transitional zone; SHOD Z -880M, 12/13 Page 1 Board of Commissioners - January 6, 2014 ITEM: 9 - 3 - 1 Board of Commissioners - January 6, 2014 ITEM: 9 -4-2 Y � Z Ow_rc 3a� W z a z w w z 3> g a 0 z a w z 3 zo�a ?� w O J °a Z rcgz Z a Y z w J Z z �� 0° >� Z a U arch Q 0, ` } Q m 0 z Y w U m z Q 0 Q a In z Z 0 U Q m Q Y w Q ° J z cc w cc g Q Q w = Y cc = w z w } w Q a cc =° w Q J } > o z= w Q> w z z U Q N U Q z w Q Y w o Z Z 0 Q N x S Q P z H In 0 cc 0 z } CC Z N CC CC w z o In a O C7 U w Q m z~ Q w w ? w w w w O w a D w K w O O w= w= ` w m z m z =° Y= ° p Q u 0 0 E 0° 0 J ? = O Q �_ cc " cc 0 w _ m 0 == U 0 cc o o o o 0 U o" rc >> U v (9 (9 CO = Y = Z C O 2 rr : U H 2 Y m 0 � C CC Z U m CC = CC Y CC CC CC CC 0 ci N tv) �I1 tp n w m O ci N M t to n m O ci N M C to n w w m O ci N M t to 0000 O O O O a g g z g = J J J J J U z U z U z U z J U z U z U z U z J Y m o o = } a o Q 0 C C Z a a a a a a a a= Y z Y a 0 cc u u m u u u v O Q = = iw Y z = z < z a a z z Y z � 0 0 in in 0 in in � 0 in in 0 in in 0 in in > p > p >> p p o in in > p > p >> p p o� in in w� Q Y z Q o cc � a cc o 0 cc Q z z w r� o o cc w o o ° U� a a a a a LL LL LL LL a LL LL LL LL Q a a= 2 a m < 2 LL w U o v } 2"° w a 0 0 o 0 0 o o" LL z w z z o z z( w CO m cc m cc m cc m cc m cc m cc m cc m cc Q p LL m z o z o; w Q a z o o z a w r° O ¢¢¢ a a m J m m z ° w 0 z U U U U U U U m ° o° m m °° m o a o 2 I Y D O O 0 0 0 0 0 0 0 0 0 0 0 .0 rn 0 N ci m a ci �n ci �o ci +OH- Board of Commissioners - January 6, 2014 ITEM: 9 -4-2 PROPOSED SITE PLAN Board of Commissioners - January 6, 2014 ITEM: 9 - 6 - 1 VNIIOHVO H1HON w''�� °�" mwz �+NOUNImL. v T AiNnoo H3AONVH M3N ttse -fK ie !¢ 1N3WdOI3A34 s===uns H3AIH ' N11N3W ;os °v oaLels "� 'ONI 'Stl33NIMB •JNuinSNOO - NVId H31SVW .eado,3naare3Nnno lltllSNf11 SIHkION IWISN111 i SIMON nozO SNOIS— / �/ F8 NOI3dI 30 31W 109NA5 4 zz to€ s J'`, # a eas es °aee2s g x pp p@ y All kd �'oo / �� ! � 44444 � r/ tltl,8 3..N °aN �888s� c� tl Min z9RP i;�� / /-- _- - - - - -- I �:3 3@ 'es� &e 3ee'e'e e`e y u gg +8 A ll 5yy I a ag 3s a eke 3 n'l MG^° ? g YY 1 , , 1 Y 9gR AYB zg Sle ip ,1 \ \�� f EIN 1189 Y i'ti 4 3 s'� :a €�: E �ai �rr9 }It�llllllllllii��911�'1'1�� w �/ ��; 1�11��11111111111111�i� (44�?��i'll1'/�4�111i, li��, o I I n 1) � s 0, al a 1 r 0 �\ 4 � / `�� y,�` � 1 +Ir�,��h'��I r rt1 °`��. ��• A I I / vr. V v1�` rn M gift T . \ t 1l v µ �v -� g �;�� " ✓.. W �� asl C a4e z� / �� "r�� if'(A � � I. \ 0 0 a6 w O z � r p ar Nar 'ar '" rcr °urr� moo_ �rcr r [[ w APPLICANT MATERIALS Board of Commissioners - January 6, 2014 ITEM: 9 - 8 - 1 otpa; awrt "i Y F.11 W W a Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name caner Name 0180$ Address ompan W erN 7r Par el VIM �tl tl %LL Address (01. Address q k, WV1 As I I f— I &Q, Acreage YSquare Feet GA NZ City State, Zip 63 City, State, Zip Existing Zoning and Use P one J Phone Proposed Zoning and Use M I W �1M N V 17 Ph 1 11 1=31=7ncouragea to consult with a Planner prior to submission. For Petitions involving five (5) acres or less a fee of $500.00 will be charged; for those of more than five (5) acres a fee of $600.00 will be charged. This fee, payable to New Hanover County, MUST accompany this pf,etition. The following supplemental information is required: I.1 1 11 1 Petitions for change of zoning are first referred to the New Hanover County Planning Board and then acted upon by the New Hanover County Board of Commissioners. Certain specialized districts (Riverfront Mixed Use, Planned Develoili. and Exca Desiijo Zonin� Distri F-m.& require review bij the Technical Review CommiT—W#VW- to application submission. W-1mum Board of Commissioners - January 6, 2014 ZMA- 3/13 ITEM: 9 -9-1 11 1110111 1 = - I U III . III I - I ZOE= 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Page 2 of 3 Board of Commissioners - January 6, 2014 ZMA-0 1A 3 ITEM: 9 - 9 - 2 How would the requested change be consistent with the County's Policies for Growth and Development? The subject property was rezoned by the NHC Commissionel's in 2008 and in 2010 as Planned Development. This modification consists of rezoning a portion of the river in front of the River Bluffs Development (313 ACI Tract) that 0 was previously rezoned in 201, theretbre, correcting an inconsistency in the existing zoning. 2. How would the requested zone change be consistent with the property classification on the Land Classification Map? I TOW consisre rOPertY ClasSitication and would not affect the Land Classification Map. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the use permitted under the existing zoning? The rezoning will provide consistency with the river area in front of the land base • zoning. Fill l�11:1 11� 11,1111 p", :1111111 ilill!lll 1! .1 Board of Commissioners - January 6, 2014 ITEM: 9 - 9 - 3 I In signing this petition, I understand that the existing zoning map is presumed to be correct and that I havet e burden of proving why a change is in the public interest. I further understand the singling out of one parcel of land for special zoning treatment unrelated to County policies and the surrounding neighborhood would probably be illegal. I certify that this application is complete and that all information presented in this application is accurate tote best of my knowledge, information, and belief. Si e e'' e r Property Owner Q12kow's 4� Print Name HOMMM Board of Commissioners - January 6, 2014 ZMA-01/13 ITEM: 9 - 9 - 4 NORM S & TUNSTALL � CONSULTING ENGINEERS P C. � 1 Ash-Little River Road Ash, NC 28420 (910) 287-5900 (910) 287-5902 Fax J. Phillip Norris, PE. Mr. Sam Burgess NHC Planning Department 230 Marketplace Drive, Suite 15C Wilmington, NC 28403 Re New Hanover County Planning Zoning Map Amendment Application River Bluffs Development New Hanover County N&T Project No. 06150 Enclosed is the original New Hanover County Planning Zoning Map Amendme application and a $600.00 check for the processing fee. i Please review this information for approval and contact us with any questions comments you may have. Thank you for your assistance on this project. I cc: Burrows Smith 111��Wii gulf me im W O N N '15. N . L z N N LL O 0 0 N C"] J z N N LL O 0 0 N C"] Description for River Bluffs Development Corporation River Bluffs Development Rezoning Description for Marina Cape Fear Township New Hanover County, NC Beginning at a point on the Eastern side of the Northeast Cape Fear River, said point being on the dividing line of the River Bluffs Development Corporation property as referenced in Deed Book 5439 Page 571 of the New Hanover County Registry, and the Martha P. Loughlin Revocable Living Trust property as referenced in Deed Book 3101 Page 812. Said point being the Place and Point of Beginning. 1) Thence running Northwest in the direction of the Northern property line of the Martha P. Loughlin Revocable Living Trust property to the centerline of the Northeast Cape Fear River. 2) Thence with the centerline of the Northeast Cape Fear River to a point that is perpendicular to a point in the Eastern side of said river at a point in the dividing line of the River Bluffs Development Corporation property as referenced in Deed Book 5439 Page 585 and the Chair Road Associates, LLC property as referenced in Deed 5031 Page 976. 3) Thence running to a point in the Eastern side of said river at a point in the dividing line of the River Bluffs Development Corporation property as referenced in Deed Book 5439 Page 585 and the Chair Road Associates, LLC property as referenced in Deed 5031 Page 976. 4) Thence running with the high water line of the Eastern side of the Northeast Cape Fear River to the place and point of beginning. Containing approximately 11.3 acres and being a portion of the Northeast Cape Fear River. Board of Commissioners - January 6, 2014 ITEM: 9 - 9 - 7 Permit Class. Permit Number NEW 30 -13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission r 6'" Mtt for • Major Development in an Area of Environmental Concern pursuant to NCGS 113A -1'18 • Excavation and/or filling pursuant to NCGS 113 -229 Issued to River Bluffs Development Corp. c %Burrows Smith, 7436 Wrightsville Beach Ave., Suite 101, Wilm., NC 28403' Authorizing development in New Hanover County at Northeast Cape Fear River, 2000 Chair Road, Castle Ila= as rcquested i the permittee's application dated 10 /17 /12'(MP -1, M -3. MP-4 & MP-5) and rev'd 10/26/12 (MP- 2), `incl'g the att'd workplan drawings (12), 1 -7` &-9- 121 dated 10/12/12 and 8 of 12 dtd rev'd 4/22/10 This permit, issued on , Februn 27,, 21113 , is subject to compliance with the application (where consistent with the permit); all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the construction of the Planned Unit Development, including the golf cart ' path and bridge, all as expressly and specifically set forth in the attached permit application and workplan drawings..: Any additional land disturbing activities and/or construction may require a modification of this permit. Contact a Division of Coastal Management representative at (910) 796 7215 for this determination. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date An appeal requires resolution prior to work` initiation or continuance as the case may be. This permit must be accessible on -site to Department ,' I personnel when the project is inspected fbi compliance. BraW Any maintenance work or project modification not covered ' Davis, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2016 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Board of Commissioners - January 6, 2014 ITEM: 9 - 9 - 8 River Bluffs Development Corp. c/o Burrows Smith Permit 030-13 Page 2 of 5 ADDITIONAL CONDITIONS Marina mm i an 2) In accordance with co tments made by the permittee, the access piers on the most southe]md northern ends of the marina shall be elevated at least six foot above, Normal High Water and have a ' spanned section 16 feet in width in order to maintain public boating access on the landward side of the marina facility. 3) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as measured from the bottom of the decking. pout sewage di posal 4) Prior to the occupancy of any new slips authorized under this permit, a marine pura s facility shall be installed and operable at an easily accessible location, and maintained for the life of the -1 A1-- 1% fma nPin it the wwmiftee shall meet nn-qite with a appropriate waste disposal information, at the entrance and exit from the main pier. rom. any boats using the 7) No sewage, whether treated or untreated, shall be discharged at any time f marina. Any sewage discharge at the marina "I be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 8) Unless specifically altered herein, this permit authorizes the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this marina facility without permit modification. No non-water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 9) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters, at or adjacent to the authorized work. 10) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The pennittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 11) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the, United States in the public Board of Commissioners - January 0.2O14 Board of Commissioners - January 6, 2014 ITEM: 9 - 9 - 10 Board of Commissioners - January 6, 2014 ITEM: 9 - 9 - 11 River Bluffs Development Corp. c% Burrows Smith ' • is f ADDITIONAL CON ITI 32) 33) 34) permitted structure. The permittee is advised that the potable water line extensions to this marina, and other areas, Board of Commissioners - January 6, 2014 ITEM: 9 -9-12 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORDINANCE FOR CONDITIONAL DISTRICT REZONING$ To: Clerk to New Hanover County Planning Board Case No.: Location: Portion of the R -20 Zoned River in Front of Property Out to the Centerline of the Northeast Cage Fear River Proposed Zoning: Planned Development The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail on (date) November 6. 2013 A copy of the written notice is also attached. The meeting was held at the following time and place: Main New Hanover County Library (201 Chestnut Street) in the Masonboro Room 5:30 PM -6 PM on Monday November 18, 2013 The persons in attendance at the meeting were: See Attached List of Attendees The following issues were discussed at the meeting: 1. Rezoning of River Area to PD 2. Chair Road Widening 3. Water and Sewer Along Chair Road 4. Natural Gas Along Chair Road 5. Gates at River Bluffs Development The following comments were made from attendees: N/A As a result of the meeting, the following changes were made to the rezoning petition: None Date: November 20, 2013 Applicant: River Bluffs Development Corp. 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O't n . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O .--i 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N c-1 N c-1 8 N N .-i . N . N .-1 N .ti .-1 N .ti N N e-1 a-1 N N .-1 N N N N N .-1 a-1 N ell N e-1 N I .-i N c N N .-� O O O O O O o O O O O O O O O O O O O O O O O 0 0 O O O O 0 O 0 O O O O O O O O O O O O 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CJ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n 0 0 C 0 0 0 0 N O r O O .-+ c O O .ti O O O .-i O O .-I O O .-� O O .--� .--� O .ti .-1 0 .-i O O O .-I O .--� O .ti O O N 0 0 0 0 .--i O N N N N N N III N N N V1 V ill N n N N N N N N N tf] N N N N V N N N tI] N N M N N N N N eft d N N N N p N N N N N N N N N N N N N N N N N N N N N N N N N N N N m N N N N N N N N N N N N N N N - 0 0 0 0 0 0 0 0 0 0 n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Board of Commissioners - January 6, 2014 ITEM: 9 - 9 - 14 p K m w p p p 0 p 0 V cC S o_' CC D' c � Y Y Y Y uU��uurcauaV a 0 o Q a a 0 0 a= O S O z Z Q Z V V U S F S U x K c 2 2 2 m m S U m U c Q Q U S Q V V U U U U V U U r1 CJ c-i N n O m 0 N M o o C m V1 N o ci o m O ti u1 O O M O O O o O, 0, m t - N m= 0 0 N N N m o o o CO M M w w w M m co m O M lD to O N D7 Ol 41 D7 Dl D7 61 Ql Ql O .-I N M C N tD f\ � D7 O N N M � In O n w Ql 0 a m C d' Q oo Q co co m w co w w w w w w co w w w co w w w w 00 00 w 00 N N O N w N p O w w N w w o w w w w N w N N O i0 N N N N N N N N N N N N N N N N N N N N N V N N N N N N U N U U ti U U U U V V V V V V V U U U U V U V U U U Z Z Z U z U U Z V U U V V U Z U Z Z tD Z Z Z Z Z Z Z Z Z Z Z Z Z Z z Z z Z Z Z Z } Z }} Z Z Z Z } Z Z Z Z Z Y w Z Z Z � Z N W W W N Z N W W _ � � ` W W W W W W W Z Z z z Z � Z Z z z Z Z Z Z Z Z z Z Z U z z z z z z z z Z Z Z Z z Z Z z Z z Z z Z y y „F, } O} F O O y 0 0 1 0 0 0 0 y 0 y y „ ¢¢ m ¢ F¢ N N F F¢ F F F F F F z¢ r a a z ,,, a a Q Q Q a Q a a Q a Q Q Q a Q a a a a a S S Q S z S Q Q Z Z S z z Q Z Z z z z 2 = x 2 2 =¢ U 2 2 x 2 2 2 2 S S S S S 2 S 2 2 2 2 2 2 F F z r r z z - - r -- z - - - - J N V1 ¢ V1 VJ ¢¢__ ch __ a____ N_ Q Q N N V] N N N VI M N N N N N M N N N N N N M a a s ¢ a a a a a a a a a a a a a a a a a a a a a a a O O� O� U�� u 3�� 3 cc V� V u c�� U V O O D U U V U U V u u u u u u U V V V 0 0 .- 0 rl 0 0 0 0 0 0 0 0 - - - - F w w w O > > > > > v c v > > > > v > > > > v a a a a J 0 p Z p p p p v1 Z cG c z z >> J >> z p p p p S p m m m M 0 J p J p J p 0 O p m F L m cn cn J v� V� m p �n in �n m N p p K K c 1- F = S� w Z a Q< Z J J w V m U m a U a V J c _¢ O z a} 0 o z c o c o Q s z w a z z w o Q U a U U u a °° U° U° u u m z u 0- z z �i z z F �i >> o a s z .-I N U r V1 Ln tD c0 O 10 10 M M t0 ID 10 m w l0 N if1 m U'1 J N O N O N ti O co CO .-I M M O O t m O O O o, M,, Dl - m M O M M M N M M M t11 o M N . � M C N o N O M O M N H C O M O N O . - � M 10 M w 0 N� N m c-I . N N O O M O O N 0 0 0 0 0 M 0 tD lD O N N m n t0 O N on � ul �'1 �/1 w m w m w n M O M O N N N N N M N- h r N r` r ti O r r` r M N r- m M Dl c-1 - N M M N N M M M M M t` �--� r �-' n .-i - M c-I O N z c c c c c c c K 0 0 O O 0 0 0 j O J 0 z J U Q Q F a Q Q O O a 0 0 Q 0 0 0 F 9 a of P Q Z U p U U U V� < w N U z O z U 0 0>> Q w 7 0 J w>> j m> Y> O c c c aF-- Z� a K y a¢ LL LL LL w a LL Q Y Y Q Cal F F F F F F F F o " z J o o f °www =mm °wmmm =w mmm =°�`o O W U p ¢ m p }¢ a w w O w w a O w w w U w w w U¢ x c c c c x u x o c o x x > O > > x o > > o > >? O x 3 3 3 3 3 3 3 3 c z U U m U U c c c z U x c c c c Y c c c c u c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .ti o 0 It M 0 1 to 0 0 0 0 0 0 0 0 0 0 0 0 0 ° o ° ° °° ° o ° O o o ° 0 0 0 0 ° ° o ° o O ° o ° o ° o ° o ° 0 0 O O o tl] M N m . O O O O N O 0 0 ci O O N c-I O . lD l0 c-I lD O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .-I .-I .-1 N N .-I N N N N N N N N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 O O O O O .-� 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d' cr cr C C C dt C G V � C d' Ln M V N Ln N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C 5 c c� c c c c C c c c c c c c c c c K K K cC C cC - - c c c c c v v v v v v v v v v v v v r r r r F F F r r r r r r 0 `0 0 `0 0 `0 0 `0 0 `0 0 0 0 v v v v v v v v v v v v v C C C C C C C C C C C C C 3 3 3 3 3 3 3 3 3 3 3 3 3 0 0 0 0 0 0 0 0 0 0 0 0 0 Board of Commissioners - January 6, 2014 ITEM: 9 - 9 - 15 0 u� a N V Z Z } Q S w H Q U c C O H O N C Board of Commissioners - January 6, 2014 ITEM: 9 - 9 - 16 N & TUNSTALL CONSULTING ENGINEERS P.C. — 1127 Floral Parkway Suite 400 Wilmington, NC 28403 (910) 343-9653 (910) 343-9604 Fax John S. Tunstall, P.E. November 6, 2013 Adjacent Property Owners Re: River Bluffs Development Castle Hayne, NC N&T Project No. 06150 Dear Adjacent Property Owner: 1429 Ash-Little River Road Ash, NC 28420 (910) 287-5900 (910) 287-5902 Fax J. Phillip Norris, P.E. The River Bluffs Development is rezoning a portion of the R-20 zoned river in front of the property out to the centerline of the Northeast Cape Fear River. The referenced zoning of this river area would allow an already permitted marina for the development. The rezoning of the river area would be consistent with the existing land base PD zoning along the mean high waterline of the River Bluffs Development property. This proposal would require approval from New Hanover County Commissioners. New Hanover County requires that the developer hold a meeting for all property owners immediately adjacent to and within 500' of the tract boundary and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. This meeting is going to be held on Monday, November 18, 2013 from 5:30 PM - 6:30 PM at the main New Hanover County Library (201 Chestnut St.) in the Masonboro Room. If you cannot attend, you are welcome to contact us at 910-343-9653 or by e- mail at anorris@ntenciineers.com with comments and I or questions. We appreciate your interest in this project and look forward to being a good neighbor and an asset to the community. Sincerely, NORRIS & TUNSTALL CONSULTING ENGINEERS, P.C. *JoIn S P.E. JST/asn 06150 11-06-13-adj. property owner-mtg. notification-Itr Board oWJWf0sh1W*C-CAA6A 6, 2014 ITEM: 9 -9-17 I r i.- � AA=it = ICO I6 6 -/ -6 4�� 3 Board of Commissioners - January 6, 2014 4SXL4-.- ITS - 9 - 18 Wsb w