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Agenda 2014 02-03AGENDA 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 FEBRUARY 3, 2014 6:00 PM MEETING CALLED TO ORDER (Chairman Woody White) MOMENT OF SILENCE (Chairman Woody White) PLEDGE OF ALLEGIANCE (Vice -Chair Beth Dawson) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of Resolution in Opposition to 2014 North Carolina Homeowners Insurance Rate Increase 3. Approval of Inclusion of New Hanover Regional Medical Center Debt with County Debt in the NC Debt Setoff Program 4. Adoption of Budget Amendments ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS MINUTES 30 5. Public Hearing Zoning Ordinance Text Amendment (A -417, 1/14) — Request by Cindee Wolf of Design Solutions to Amend Article 11: Definitions, Article V: District Regulations Section 50: Table of Permitted Uses, and Article VIII: Provisions for Uses Allowed as Special Uses Section 72: Additional Restrictions Imposed on Certain Special Uses to Allow Recreation Vehicle and Boat Trailer Storage Lots as a Use Permitted by Right with Supplemental Standards in the B -1, B -2, 1 -1, 1 -2, Office and Institutional, Airport Residential, and Airport Industrial Zoning Districts, and by Special Use Permit with Supplemental Standards in the PD, R -15, R -10, and R -7 Zoning Districts 15 6. Public Hearing Zoning Map Amendment (Z -929, 1/14) — Request by Kenneth Orndorff of BRM Associates #1, LLC to Rezone 1.81 Acres Located at 5932 Carolina Beach Road from CD (B -1) Neighborhood Business District to B -2, Highway Business District 40 7. Public Hearing Special Use Permit Request (S -615, 11/13) — Request by SEL Property Board of Commissioners - February 3, 2014 Investors, LLC to Develop a Community Boating Facility in Conjunction with a Single Family Detached Residential Community on a 75.17 -Acre Parcel on Masonboro Loop Road Near Aqua Vista Drive PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS MINUTES 10 8. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 9. 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 - February 3, 2014 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 3, 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: Work Session Meeting held on January 16, 2014 Agenda Review Meeting held on January 16, 2014 Regular Meeting held on January 21, 2014 Closed Session Meeting held on January 21, 2014 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) Approved 4 -0. Board of Commissioners - February 3, 2014 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 3, 2014 CONSENT DEPARTMENT: County Manager PRESENTER(S): Carey Disney Ricks, Public and Legislative Affairs Manager CONTACT(S): Carey Disney Ricks SUBJECT Adoption of Resolution in Opposition to 2014 North Carolina Homeowners Insurance Rate Increase BRIEF SUMMARY: The North Carolina Rate Bureau is requesting a statewide homeowner insurance rate increase of an average 25% with increases in the southeastern region in the 35% range. New Hanover County opposed a similar proposed increase in 2012 with consideration of the burden to our state and regional citizens. The North Carolina Department of Insurance is holding a public comment period ending on February 3rd. On January 27th New Hanover County submitted the following: Dear Commissioner Goodwin: On behalf ' of ' the citizens and elected leadership of 'New Hanover County, we appreciate this opportunity to convey our sincere concern and opposition to the recent proposed homeowners insurance rate increase. The state average in excess of 25% is alarming, but more so disconcerting is the potential and disproportionate financial burden of ' rate increases proposed in the 35 %+ range for our citizens in southeastern North Carolina. Your participation and support of North Carolina citizens during the 2012 rate increase request and your continued willingness to carefully review and respond to issues as they may impact North Carolina citizens is appreciated. New Hanover County implores you to once again consider the best interest of North Carolina and New Hanover County and to ultimately deny this request put forward by the insurance carriers. Thank you for your consideration of this very important issue. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Influence legislation and external mandates to enhance local autonomy RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Homeowners Insurance Rate Resolution Board of Commissioners - February 3, 2014 ITEM: 2 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - February 3, 2014 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION IN OPPOSITION TO 2014 NORTH CAROLINA HOMEOWNERS INSURANCE RATE INCREASE WHEREAS, the North Carolina Rate Bureau, in its capacity as a representative of the insurance industry, has requested from the Department of Insurance a 35% rate increase in homeowner's insurance for large parts of New Hanover County; and WHEREAS, many Eastern North Carolina counties have been hit with rate increases in every rate cycle since 1992 including 2002, 2005, 2007, 2009, and again in 2012; and WHEREAS, homeowners in coastal communities already pay homeowner's premiums two to three times the rate charged for the same type of homeowners policies (fire, theft, etc.) of inland properties, in addition to having separate flood, as well as wind and hail policies; and WHEREAS, New Hanover County, as well as other coastal counties in North Carolina, is experiencing difficult economic times that are currently gripping our nation; and WHEREAS, additional increases would once again place an undue and excessive burden on homeowners and the economy in coastal communities; and WHEREAS, loss experience does not justify this 35% rate increase, especially since significant losses were experienced in areas other than the coast of North Carolina. NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby opposes the 35% or any rate increase in homeowners insurance requested by the North Carolina Rate Bureau and finds it unjustified and unnecessary; and BE IT FURTHER RESOLVED, that the New Hanover County Board of Commissioners fully supports the Commissioner of Insurance in his public efforts to encourage the North Carolina Rate Bureau to withdraw the rate filing immediately; and BE IT FURTHER RESOLVED, that the New Hanover County Board of Commissioners encourages New Hanover County residents and property owners to participate in this governmental process by filing comments and making their position known regarding this issue by submitting written comments to the North Carolina Department of Insurance, Property & Casualty Division, 1201 Mail Service Center, Raleigh, NC 27699 or emailing concerns to 2014homeownersAancdoi.ov by the January 31, 2014 deadline; and BE IT FURTHER RESOLVED, that the New Hanover County Board of Commissioners also requests that the North Carolina Insurance Commissioner conduct a public hearing on the proposed rate increases to include actual loss history in Eastern North Carolina in the calculation of the rate increases. ADOPTED this the 3rd day of February, 2014. NEW 14ANOVER COUNTY Woody White, Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners - February 3, 2014 ITEM: 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 3, 2014 CONSENT DEPARTMENT: PRESENTER(S): Lisa Wurtzbacher, Finance Director CONTACT(S): Lisa Wurtzbacher SUBJECT Approval of Inclusion of New Hanover Regional Medical Center Debt with County Debt in the NC Debt Setoff Program BRIEF SUMMARY: North Carolina's Debt Setoff program assists North Carolina local governments with the recovery of delinquent debts by offsetting debtors' North Carolina state tax refunds and Education lottery winnings. The County has used the state's debt setoff program since 2006 to collect delinquent accounts such as property taxes, animal control citations, sheriff and fire citations, health department charges, and library fees. Since inception of this program, the County has collected $1,060,721 through debt setoff, with the amounts collected each year steadily increasing. New Hanover Regional Medical Center (NHRMC) has requested that the County collect a portion of their delinquent debts through the state's debt setoff program. New Hanover County has a guarantor relationship with the county -owned hospital and is vested in its financial well - being. Any positive impact the debt setoff program can have on New Hanover Regional Medical Center (NHRMC) benefits the County and the community as a whole. It is a component unit of the County and the County is the issuer of NHRMC's bonded debt. Further, NHRMC's realty and fixtures are owned by the County and the Board of County Commissioners appoints the governing board of trustees for NHRMC. Including NHRMC's delinquent debt in the debt setoff program is not expected to cause the County any significant additional costs and NHRMC will repay the County for any costs borne by including them in this program. The County's debts will continue to have priority over the debts submitted on behalf of NHRMC. Only individuals who have gone through the normal collections process unsuccessfully and have been placed in a bad debts status will be submitted to the program. It will not be used for individuals approved for charity care, children under 18 or those who are current on an approved payment plan. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Develop appropriate public /private partnerships RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve staff to enter into an interlocal agreement with NHRMC for it to participate with the County in the NC debt setoff program. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - February 3, 2014 ITEM: 3 Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - February 3, 2014 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 3, 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: 14 -048 - DSS 14 -050 - Sheriff 14 -051 - Sheriff STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinances for the budget amendments listed. ATTACHMENTS: B/A 14 -048 B/A 14 -050 B/A 14 -051 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - February 3, 2014 ITEM: 4 AGENDA: February 3, 2014 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14 - 048 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 14 -048 be made to the annual budget ordinance for the fiscal year ending June A2730, 2014. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Provide health / wellness education, programs, and services Fund: General Department: DSS Exp enditure: Decrease Increase DSS $33,030 Total $0 $33,030 Revenue: Decrease Increase DSS $33,030 Total $0 $33,030 Section 2: Explanation DSS received additional IV -D Incentive monies to be reinvested into the Fatherhood Support Program. This program works with non - custodial fathers to increase child support payments through the improvement of father /child visitations and relationships, and enhancing fathers' employability. This program requires no new County dollars. 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 -048, amending the annual budget ordinance for the fiscal year ending June 30, 2014, is adopted. Adopted, this 3rd day of February, 2014. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schutt, Clerk to the Board Board of Commissioners - February 3, 2014 ITEM: 4 - 1 - 1 AGENDA: February 3, 2014 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14 - 050 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 14 -050 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 Exp enditure: Decrease Increase Sheriffs Office $59,217 Total $0 $59,217 Revenue: Decrease Increase Sheriffs Office $59,217 Total $0 $59,217 Section 2: Explanation To budget Federal Forfeited Fund receipts for 12/30/13 and 1/6/14. 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 S78,852. 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 -050, amending the annual budget ordinance for the fiscal year ending June 30, 2014, is adopted. Adopted, this 3rd day of February, 2014. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schutt, Clerk to the Board Board of Commissioners - February 3, 2014 ITEM: 4 - 2 - 1 AGENDA: February 3, 2014 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET BY BUDGET AMENDMENT 14 - 051 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 14 -051 be made to the annual budget ordinance for the fiscal year ending June 30, 2014. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: Controlled Substance Tax Fund Department: Sheriff Exp enditure: Decrease Increase Sheriffs Office $9,446 Total $0 $9,446 Revenue: Decrease Increase Sheriffs Office $9,446 Total $0 $9,446 Section 2: Explanation To budget Controlled Substance Tax receipts for 11/20/13 and 12/30/13 and interest on investments. Controlled Substance Tax funds are budgeted as received and must be used for law enforcement as Sheriff deems necessary. The current balance in the Controlled Substance Tax Fund is S42,378. 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 -051, amending the annual budget ordinance for the fiscal year ending June 30, 2014, is adopted. Adopted, this 3rd day of February, 2014. (SEAL) Woody White, Chairman ATTEST: Sheila L. Schutt, Clerk to the Board Board of Commissioners - February 3, 2014 ITEM: 4 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 3, 2014 REGULAR DEPARTMENT: PRESENTER(S): Benjamin Andrea, Current Planner (Planning Board Rep: Dan Hilla) CONTACT(S): Ken Vafier, Planning & Zoning Supervisor and Chris O'Keefe, Planning & Inspections Director SUBJECT Public Hearing Zoning Ordinance Text Amendment (A -417, 1/14) — Request by Cindee Wolf of Design Solutions to Amend Article IL• Definitions, Article V: District Regulations Section 50: Table of Permitted Uses, and Article VIII: Provisions for Uses Allowed as Special Uses Section 72: Additional Restrictions Imposed on Certain Special Uses to Allow Recreation Vehicle and Boat Trailer Storage Lots as a Use Permitted by Right with Supplemental Standards in the B -1, B -2, I -1, I -2, Office and Institutional, Airport Residential, and Airport Industrial Zoning Districts, and by Special Use Permit with Supplemental Standards in the PD, R -15, R -10, and R -7 Zoning Districts BRIEF SUMMARY: The initial proposal submitted by the applicant defined the use of "Recreational Vehicle and Boat Trailer Storage Lots" and would have allowed the use by right in the commercial - oriented zoning districts and by special use permit in the residential districts. Planning Staff made some minor revisions to the original proposal, staying consistent with the applicant's initial concept, and then presented that draft to the Planning Board at their January 9, 2014 meeting. At the Planning Board meeting, no one from the public spoke in support of the proposed amendment. One person spoke in opposition to the amendment citing concerns about locating RV and boat storage facilities in residential neighborhoods and concerns about spot zoning, as well as the need to discuss the topic during the process to create the County's comprehensive plan. After some discussion, the Planning Board revised the amendment to strike the use allowance by special use permit in the residential districts, but retaining the remainder of the language. The Planning Board then voted 6 -0 to recommend approval of the revised version. 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: Board of Commissioners - February 3, 2014 ITEM: 5 Action Needed: 1. Approve as recommended; or 2. Approve with changes; or 3. Continue for further information; or 4. Deny the amendment. Staff Recommended Motion: Approve the amendment as recommended by the Planning Board. ATTACHMENTS: A -417 Script A -417 Amendment A -417 Application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 3 -1 as recommended by the Planning Board and presented by staff, Commissioner Wolfe dissenting. Board of Commissioners - February 3, 2014 ITEM: 5 ITEM # SCRIPT FOR TEXT AMENDMENT A -417, 1/14 REQUEST BY CINDEE WOLF OF DESIGN SOLUTIONS TO AMEND ARTICLE II: DEFINITIONS, ARTICLE V: DISTRICT REGULATIONS SECTION 50: TABLE OF PERMITTED USES, AND ARTICLE VIII: PROVISIONS FOR USES ALLOWED AS SPECIAL USES SECTION 72: ADDITIONAL RESTRICTIONS IMPOSED ON CERTAIN SPECIAL USES TO ALLOW RECREATION VEHICLE AND BOAT TRAILER STORAGE LOTS AS A USE PERMITTED BY RIGHT WITH SUPPLEMENTAL STANDARDS IN THE B -1, B -2, 1 -1, 1 -2, OFFICE AND INSTITUTIONAL, AIRPORT RESIDENTIAL, AND AIRPORT INDUSTRIAL ZONING DISTRICTS, AND BY SPECIAL USE PERMIT WITH SUPPLEMENTAL STANDARDS IN THE PD, R -15, R -10, AND R -7 ZONING DISTRICTS. Cy: /_11 N iv v_1►1 1. This is a public hearing. We will first hear a presentation from staff. Then proponents of the text amendment and opponents of the text amendment will each be allowed 15 minutes total to speak. An additional 5 minutes of rebuttal will be allowed for each side. 2. Open the public hearing. a. Staff Presentation b. Proponent's presentation (up to 15 minutes) C. Opponent's presentation (up to 15 minutes) d. Proponent's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing. 4. Commissioner discussion 5. Is there a motion to find that this text amendment to the ordinance is consistent with the land use plan and is reasonable and in the public interest and should be adopted? Motion: Second: Vote: Board of Commissioners - February 3, 2014 ITEM: 5 - 1 - 1 A-417 AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE APPLICANT: Cindee Wolf, Design Solutions The Applicant proposes to amend Sections 23, 50, and 72 of the Zoning Ordinance to add Recreational Vehicle and Boat Trailer Storage Lots as a use with supplemental standards permitted by right or Special Use Permit in some zoning districts. The applicant's proposed additions are in red. Proposed deletions are in A staff/Planning Board recon-nnended version follows the applicant's version, Applicant's Proposal New Hanover County Zoning Ordinance Article 11, Section 23: Definitions Recreational Venicle and BoatTrailer Storage Lots — A grounid 1ex,dl parkjngarea on -�-Nddcl�, recreatJol-1111 X,elddles a ad boat traflers, or �-N,,Jffio ut boats, cana be stored for -a fee �-NJen not use, Article V, Section 50: Table of Permitted Uses Article VII, Section 72: Additional Restrictions Imposed on Certain Special Uses Recrea"'Onal ["eNcle ancl Boa", 1'1,a;1e1,S11'o1,a,,,,e 1,oll, 0) 11e use sh'' be sub ' Ject to ffie Specj'a'l Use Pern-ilt rex,iekk' pl,ocess at PAC."Sci,ibed 111 Artic1e V11, Sectionl I of dds 01-dinlanice H-1 a111 111stallces, () 11e use sh'' be so1d'y open­aIr aml�d groun�d 1ex,dl, ',,Io ei-W1oslinig or ox,eflead cox ,erin�g structures sl� I , all be ' staed H fl I 1� , (3") Access s 1 be fi -on-i a pub1lic oi- prix, ,ate street niglit of %-N,,ay, (41 A bufffter of n-N,,enty (20' feet sh'Hl be prox'Ided H-1 accordai-We %-NJiffi ffie prox,islonIs of Artidle V1, Sectjoni 62) of ffie Ordfl-MnWe for coirmwni bounidary(jes) %lJffi i idei 'a' zoninw -es t 1 districts 1 ai I 1 11 Ig , -Iidbr uses, (5" Lanidscapffllg foi- streetyards avid 111tel,101, I H ided l parking areas sh-11 be prox` I I accordai-We ffie prox,islonIs of Artidle V1, Sectjoni 62) of ffie Ordfl-MnWe for i-Mn- resdienala'i uses fl-1 residenaia'I districts, (6) A11 site 1liar litlinIg sh'Hl be 1ocated so as nMt to sldinw or reflect direculy onao an adjacent residenalial zoninw 1 1 ai 1 11 Ig districts , dbr uses, A-417 Pagel Board of Commissioners - February 3, 2014 ITEM: 5 - 2 - 1 R 0 F R R R R R B B I I & A A S R M Supp Permitted Uses PD 20S 20 15 10 7 1 2 1 2 1 R I C A U Regs NAICS Transportation, Communication, Utilities Reareatlonal Vehicle and S S S S P P P P P P P Boat Frailer Storage L ls 01' Article VII, Section 72: Additional Restrictions Imposed on Certain Special Uses Recrea"'Onal ["eNcle ancl Boa", 1'1,a;1e1,S11'o1,a,,,,e 1,oll, 0) 11e use sh'' be sub ' Ject to ffie Specj'a'l Use Pern-ilt rex,iekk' pl,ocess at PAC."Sci,ibed 111 Artic1e V11, Sectionl I of dds 01-dinlanice H-1 a111 111stallces, () 11e use sh'' be so1d'y open­aIr aml�d groun�d 1ex,dl, ',,Io ei-W1oslinig or ox,eflead cox ,erin�g structures sl� I , all be ' staed H fl I 1� , (3") Access s 1 be fi -on-i a pub1lic oi- prix, ,ate street niglit of %-N,,ay, (41 A bufffter of n-N,,enty (20' feet sh'Hl be prox'Ided H-1 accordai-We %-NJiffi ffie prox,islonIs of Artidle V1, Sectjoni 62) of ffie Ordfl-MnWe for coirmwni bounidary(jes) %lJffi i idei 'a' zoninw -es t 1 districts 1 ai I 1 11 Ig , -Iidbr uses, (5" Lanidscapffllg foi- streetyards avid 111tel,101, I H ided l parking areas sh-11 be prox` I I accordai-We ffie prox,islonIs of Artidle V1, Sectjoni 62) of ffie Ordfl-MnWe for i-Mn- resdienala'i uses fl-1 residenaia'I districts, (6) A11 site 1liar litlinIg sh'Hl be 1ocated so as nMt to sldinw or reflect direculy onao an adjacent residenalial zoninw 1 1 ai 1 11 Ig districts , dbr uses, A-417 Pagel Board of Commissioners - February 3, 2014 ITEM: 5 - 2 - 1 Staff's Recommended Version to the Planning Board Staff revised some of the Applicant's language and presented the following version to the Planning Board at their January 9, 2014 meeting. (Staff recommended deletions in recommended additions in redand New Hanover County Zoning Ordinance Article 11, Section 23: Definitions Recreational Vehicle and oat Trailer Storage Lots — A ground lex,el T)aljkil,,W� al'ol- 011%A11hich recreatlol-1111 X,eldclles an�d boat traflers, \A"itll or %l,,,jt1mut boats, cana be stored for -a fee %-Njaeb not use, Article V, Section 50: Table of Permitted Uses Article VI, Section 63: Additional Restrictions Imposed on Uses Permitted by Right 6-3, 10- Recrea"'Onal V'eh;cle am" soap` of A Recreationli-1 Voldc10 an�d Boat _Fram'er Storaue Lot iriav be 'located b-v, riuht in� tla e B-1� 1 -_1 1-1� 1-2. Office and Institutionlal. —ir eirionas and )rox,lded dw- (F -�1e use slm'! b­ "o -j- openi -ail- avid ground 'ex,e' ',,Io enclosing oi- ox,eflead cox,er' structures s1m11 be ii-I stall 1 ed, (-')',Access s1l a1 L-be from at nW"ic o ix "It, e ,,street, riullt. of \-N,,ay, (3') A irm-lin-wiri buffor of'tvN,,ena-V (20) Rckct shal I bb_j)roxjded H-1 accordai-We -yN,"idl tlae for coirm-ion� boun­darv(ies� -�-Njtll E�Ls I do i res tial zoniin—d'sti'cts andbr uses. ICFIITI all z0r11 IF" L� GISfric PS arl"Ll, or USCS (4" Buffors an±,�Iandsca, I '! Il. - �1- 1 1— 1 _ 11" acc(Jrdance o,ith� th� -ox,lslonls of Artic10 I. Section 62) of tlae Ordillallce, (51 A11 site 1ightinlu slm'H' be 'located so as nMt to slm-W or reflect directlk, onito an­v, adil)(1011t E�Ls I do i res tial zoniin—d'sti'cts andbr uses, 1"Ifflall ZOFIIIFW� GISMcps arl"Ll, or USCS (6-1 a 1 1 Volddle or boat stored !la tlae fac i 11 i u A-417 Page 2 Board of Commissioners - February 3, 2014 ITEM: 5 - 2 - 2 R 0 F R R R R R B B I I & A A S R M Supp NAICS Permitted Uses PD 20S 20 15 10 7 1 2 1 2 1 R I C A U Regs Transportation, Communication, Utilities Recreational Vehicle and Beat Frailer St,orage Lots P — S S S S P P P P P A S P L3 110/ 72.40 Article VI, Section 63: Additional Restrictions Imposed on Uses Permitted by Right 6-3, 10- Recrea"'Onal V'eh;cle am" soap` of A Recreationli-1 Voldc10 an�d Boat _Fram'er Storaue Lot iriav be 'located b-v, riuht in� tla e B-1� 1 -_1 1-1� 1-2. Office and Institutionlal. —ir eirionas and )rox,lded dw- (F -�1e use slm'! b­ "o -j- openi -ail- avid ground 'ex,e' ',,Io enclosing oi- ox,eflead cox,er' structures s1m11 be ii-I stall 1 ed, (-')',Access s1l a1 L-be from at nW"ic o ix "It, e ,,street, riullt. of \-N,,ay, (3') A irm-lin-wiri buffor of'tvN,,ena-V (20) Rckct shal I bb_j)roxjded H-1 accordai-We -yN,"idl tlae for coirm-ion� boun­darv(ies� -�-Njtll E�Ls I do i res tial zoniin—d'sti'cts andbr uses. ICFIITI all z0r11 IF" L� GISfric PS arl"Ll, or USCS (4" Buffors an±,�Iandsca, I '! Il. - �1- 1 1— 1 _ 11" acc(Jrdance o,ith� th� -ox,lslonls of Artic10 I. Section 62) of tlae Ordillallce, (51 A11 site 1ightinlu slm'H' be 'located so as nMt to slm-W or reflect directlk, onito an­v, adil)(1011t E�Ls I do i res tial zoniin—d'sti'cts andbr uses, 1"Ifflall ZOFIIIFW� GISMcps arl"Ll, or USCS (6-1 a 1 1 Volddle or boat stored !la tlae fac i 11 i u A-417 Page 2 Board of Commissioners - February 3, 2014 ITEM: 5 - 2 - 2 Article VII, Section 72: Additional Restrictions Imposed on Certain Special Uses -'-46- Recrea"'Olial V'eh;cle allcIlloc", Lo" A Recreafloi-la'l Vehl'c1e ai-'�d Boat _Fram'el° Storaue Lot iriav be -Fb-v c - 1L), 5� R l _itec uIrenig"as aml�d wovided that- (4441+e-use WI 1-he use sha11 be sol'el'v oPei-1­a1i- aml�d groui—ad lie e6. Nlo ei­lw1osh­lig or overhead covelil-'g structures sh'I'll be -H I h­, I I (2) 1 Access shaHl be fi -on-i a road c1assified as arterl'all oi-a the iriost fui-ictloi-lai c1assificatiol-i ]rlar) for the ui-b ,. - are- a, (3") A irifl-lin-wiri buflfiei° of tvvei-lay (20') feet shaHl be provided fl-1 accordai-We o'Ith the provisjoi-Is of Articlie V1, Sectjoi-li 62) of the Ordfl-Mi­lwe foi- coirmwi-li boui­lidarv(jes') o'Ith re :ti dei,tial zoii 11 Ii-w g d1 striil cts ai­lidbr uses, (4, all 11 be Ided I l 'I I I'l a I'l c 0 prov I -, accordaiwe o'Ith the provisjols of Art'de V1, Sect'oi, 6) of the Ord' (51 A11 site highth-Ig shaHl be 'located so as i-Mt to shl'i-W or refliect directlly oi-lao aiw adjacel-It I re :ti dei-Itial zoiii-w 1 1 ai 11 Ig districts uses, (6" �e piir, iriall'Itellallce. 01, habitatioil of ai-W recreafloi-1 -all vehl'dle oi- boat store !la the fac ih tv k tLiLoh i b i ted� A-417 Page 3 Board of Commissioners - February 3, 2014 ITEM: 5 - 2 - 3 Staff and Planning Board's Recommended Version to the Board of Commissioners At their January 9, 2014 meeting, the Planning Board unanimously (6-0) recommended approval of the following version of the text amendment. (Planning Board recommended additions in red andulk"lerl;/le.) New Hanover County Zoning Ordinance Article 11, Section 23: Definitions Recreational Vehicle and Boat Trailer Storage Lots – A ground lex'01 T)qijkil"W� al'01- ollkN"Idd1 recreatjo11111 X'eldclles and boat traflers. %ljt1l or %l,,'jffiout boats. cala be stored for -a fee %-Njaen not Ala use, Article V, Section 50: Table of Permitted Uses Article VI, Section 63: Additional Restrictions Imposed on Uses Permitted by Right 6-3,10- Recrea"'Onal V'eh;cle am"Illou", Lo" A Recreaflonla'l Veld'de an�d Boat _h-a-iler Stora—e of iriav be 'located b-y' riLfla ini ffie - l., B-21, 1-1. 1-2. (_)ffice slag Instl'tufloi-I all, to ffie district reau.'reirients and p pox' ided that: (l I �10 us stla".. -besolel'. Lo. cox'01,11-Lg structures slm-11 be l'i-I stapled, ed, () A c c CSY s , s 11 l -i6 bb e fir o i r -1 1 j) L t bD 1- il c o i - i'i (Y] l t of \l"av (3") A irm-lin-wiri buflfter of'tvN,'enaN,' (20', Rckct be prox'ided H-1 accordai-We ,-Nitll ffie fLi:oxjsions of V1, Sectjon 62) of ffie 01-ding-We for coirmn boun-dary(jes) -yN"jt1l i idei 'a' zoi 'I"L I I -es -Itl 1 -16 , � d'stl-'cts am'Abr uses, (4) 11uffe'rs an-d 'lan-dsc, accordai-We \-Njtla tlae prox''IslonIs of Artide I. Sectl'on� 62) of ffie 01-dillallce, (5-1 1' 1'eflect directi-y' onito an ad acepq 1111 i idei 'a' zoi 'n I I -es -1t] 1 -16 ­,u d'stl-'cts am'Abr uses, (6" j epiir, irialnae]-M lce" oi- Imbitationl of ai-W recreafloi-I -all x'elddle oi- boat storedl'n ffie facility k lLiLol�jbited, A-417 Page 4 Board of Commissioners - February 3, 2014 ITEM: 5 - 2 - 4 R 0 F R R R R R B B I I & A A S R M Supp NAICS Permitted Uses PD 20S 20 15 10 7 1 2 1 2 1 R I C A U Regs Transportation, Communication, Utilities U Recreational Vehicle and P P P P P P P 63,10 Beat Frailer St"orage Lots Article VI, Section 63: Additional Restrictions Imposed on Uses Permitted by Right 6-3,10- Recrea"'Onal V'eh;cle am"Illou", Lo" A Recreaflonla'l Veld'de an�d Boat _h-a-iler Stora—e of iriav be 'located b-y' riLfla ini ffie - l., B-21, 1-1. 1-2. (_)ffice slag Instl'tufloi-I all, to ffie district reau.'reirients and p pox' ided that: (l I �10 us stla".. -besolel'. Lo. cox'01,11-Lg structures slm-11 be l'i-I stapled, ed, () A c c CSY s , s 11 l -i6 bb e fir o i r -1 1 j) L t bD 1- il c o i - i'i (Y] l t of \l"av (3") A irm-lin-wiri buflfter of'tvN,'enaN,' (20', Rckct be prox'ided H-1 accordai-We ,-Nitll ffie fLi:oxjsions of V1, Sectjon 62) of ffie 01-ding-We for coirmn boun-dary(jes) -yN"jt1l i idei 'a' zoi 'I"L I I -es -Itl 1 -16 , � d'stl-'cts am'Abr uses, (4) 11uffe'rs an-d 'lan-dsc, accordai-We \-Njtla tlae prox''IslonIs of Artide I. Sectl'on� 62) of ffie 01-dillallce, (5-1 1' 1'eflect directi-y' onito an ad acepq 1111 i idei 'a' zoi 'n I I -es -1t] 1 -16 ­,u d'stl-'cts am'Abr uses, (6" j epiir, irialnae]-M lce" oi- Imbitationl of ai-W recreafloi-I -all x'elddle oi- boat storedl'n ffie facility k lLiLol�jbited, A-417 Page 4 Board of Commissioners - February 3, 2014 ITEM: 5 - 2 - 4 NEW HANOVER COUNTY PLANNING # INSPECTIONS DEPARTMENT TEXTAMENDMENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -7165 phone 910- 798 -7053 fax www.nhcgov.com Name of Petitioner Date Application Number (Staff Use Only). Cindee wolf / Design Solutions Nov 22, 2013 -4r g Address Email Address P.O. Sox 7221 cwolf @lobodemar.biz City, state, Zip Name of Text to be changed Wilmington, NC 28406 Vehicle & Trailer Storage Lots Telephone Number section of Text to be changed 910- 620 -2374 Definitions / Use Table r $ Petition must be reviewed by Planning & Zoning for completeness prior to acceptance. A $400,00 fee payable to New Hanover County 1'V11UST accompany the petition. No supplemental 'information is required as part of the application. However, Planning & Zoning, Planning Board, and Board of County Commissioners reserve the right to require additional information, if needed, to assure that the proposed text amendment is in accordance with all County plans and policies. • Petitions for a text amendment are first referred to the New Hanover County Planning Board and then acted upon by the New Hanover County Board of Commissioners. The owner /applicant and or authorized agent should plan to attend all meetings at which this request will be heard. • Complete petitions and supplementary infonxiation must be accepted by Planning & Zoning twenty (20) working days before the Planning Board meeting to allow adequate time for processing and advertisement as required by the North Carolina General Statutes. All amendments must be consistent with the comprehensive plan, reasonable and in the pubic interest. Please explain how the proposal meets those requirements. (Add pages as needed). • Planning Board meetings are held at 5 :30PM in the Commissioner's Assembly Room in the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina, on the first Thursday of each month. If the Planning Board approves your petition, the request will automatically be referred to the Board of County Commissioners. • If your petition is denied, you may appeal to the Board of Commissioners. Planning & Zoning can advise you regarding appeal procedures. PROPOSED 'TEXT CHANGE (attach additional paus as needed) Reference attached Action Requested, Justification & Impacts statements. Signature (Print and Sign) Board of Commissioners - February 3, 2014 ITEM: 5 - 3 - 1 tl /l TA (5/10) Action Requested Article, Division, and Section of the Land Development Code to be amended: Article 11: Definitions / Sec. 23: Definitions. Add a definition - "Recreational Vehicle and Boat Trailer Storage Lots - A ground level parking area on which recreational vehicles and boat trailers, with or without boats, can be stored for a fee when not in use. Article V: District Regulations I Section 50: Table of Permitted Uses. Add "Recreational Vehicle and Boat Trailer Storage Lot" to Subsection ""Services". Designate use as "S" (Permitted by Special Use) in Districts PD, R -15, R -10 & R-7. Designate use as "P" (Permitted by Right) in Districts B-.1 B-2, 1-1, 1-2, 0&1, AR & Al, Article VII. Provisions For Uses Allowed as Special Uses I Section 72: Additional Restrictions Imposed on Certain Special Uses./ Add "Subsection 72.46: Recreational Vehicle and Boat Trailer Storaqe Lot." I . ...... . .. . Trailer Add Conditions: (1) The use shall be subject to the Special Use Permit review process as prescribed in Article VII, Section 71 of this Ordinance in all instances. (2) The use shall be solely open-air and ground level. No .,enclosing or overhead covering structures shall be installed. (3) Access shall be from a public or private street right-of-way. (4) A minimum buffer of twenty (20) feet shall be provided in accordance with the provisions of Article V1, Section 62 of the Ordinance for common boundary(ies) with residential zoning districts and/or uses. (5) Landscaping for streetyards and interior parking areas shall be provided in accordance with the provisions of Article VI, Section 62 of the Ordinance for non-residential uses in residential districts. (5 )All sight lighting shall, be located so as not to shine or reflect direct) yonto an adjacent residential zoning districts and/or uses. Board of Commissioners - February 3, 2014 ITEM: 5 - 3 - 2 Justification New Hanover County is widely recognized as a prime recreation and boating destination. The CAMA Plan promotes strategies for providing recreational opportunities and public water access for every citizen. Recreational vehicles (RV's) and boats are then inherently some of the accessories to those activities. However, planned residential communities over the years have become much more restrictive in disallowing the storage of RVs and boats on-property when not in use. The issue becomes where those vehicles and trailers can be stored safely and conveniently. There is currently no specific definition for this type of storage facility in the New Hanover County Zoning Ordinance. Some commercial facilities exist that are used for RV and boat storage, but for zoning compliance they were lumped under the definition of "mini-warehousing," which comparatively includes a much broader range of uses and impacts. These are limited to heavy business districts. Proximity to your residence and ease of accessibility to boat ramps become important factors in where you would like to store your recreational vehicles. Convenience stores, kennels, indoor and outdoor recreation establishments, day cares and nursing homes are all uses permitted in residential districts by SUP because their logical location is within proximity to the residential neighborhoods that will avail themselves to those services. Providing a specific definition for recreational vehicle and boat trailer storage, and then limiting the locations within residential districts by special use permit (SUP) with prescribed conditions, will allow more alternatives for addressing the need, Impscts Limiting the location of these storage lots by special use permit, and then by additional restrictive conditions provides the control to promote the public health, safety, and general welfare of the community. Rather than needing to rezone to a commercial district for the use, the residential district stays in place. Since improvements are limited to surface pavement and structures are prohibited, future re-development is made easier as economics and demographics change over the years. Board of Commissioners - February 3, 2014 ITEM: 5 - 3 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 3, 2014 REGULAR DEPARTMENT: PRESENTER(S): Kenneth Vafier, Current Planning & Zoning Supervisor (Planning Board Rep: Dan HIlla) CONTACT(S): Chris O'Keefe, Planning & Inspections Director SUBJECT Public Hearing Zoning Map Amendment (Z-929,1/14) — Request by Kenneth Orndorff of BRM Associates #1, LLC to Rezone 1.81 Acres Located at 5932 Carolina Beach Road from CD (B -1) Neighborhood Business District to B -2, Highway Business District BRIEF SUMMARY: The property is classified as Transition according the 2006 CAMA Land Use Plan. In November 2003, the New Hanover County Board of Commissioners approved a Conditional Use Rezoning from R -15, Residential District to CD (B -1) Business District for Beau Rivage Marketplace, a mixed use development consisting of residential, office and commercial uses located at the intersection of Carolina Beach and Sanders Roads in southern New Hanover County. In October 2005, the Board of Commissioners approved a request to add an additional 30,000 square feet of retail and an additional 58 dwelling units to the project. The 2003 rezoning included a strip of land on the subject parcel for the purpose of creating an access drive. This strip was never utilized for the proposed access and therefore remained zoned B -1 amidst property zoned B -2. The requested action would bring the B -1 strip in conformity with the B -2 property along side of it and expand the range of uses to B -2 uses. At their January 9, 2014 meeting, the Planning Board voted 6 -0 to recommend approval of the rezoning request. No one from the public spoke in support or in opposition of the rezoning request. 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: Action Needed: Board of Commissioners - February 3, 2014 ITEM: 6 1. Motion to approve the petitioner's proposal; 2. Motion to "table" the item in order to receive more information; or 3. Motion to deny the petitioner's request based on specific reasons Staffs Recommended Motion: Approve the petitioner's proposal as requested. ATTACHMENTS: Z -929 Script Z -929 Staff Summary Z -929 Petition Summary Z -929 Neighbor Properties Map Z -929 Zoning Map Z -929 Application Package COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved consistent with staff presentation 4 -0. Board of Commissioners - February 3, 2014 ITEM: 6 Item # Zoning Map Amendment Z-929,1/14 Request by Kenneth Orndorff of BRM Associates #1, LLC to rezone 1.81 acres located at 5932 Carolina Beach Road from CD (B -1) Neighborhood Business District to B -2, Highway Business District. The property is classified as Transition according the 2006 CAMA Land Use Plan. This is a public hearing. We will hear a presentation from staff. Then the applicant and any supporters and any opponents of the rezoning will each be allowed 15 minutes total for their presentation and an additional 5 minutes for rebuttal. 2. Open the Public Hearing: 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. The motion to rezone should include a statement as to whether the rezoning is or is not consistent with the land use plan and whether it is reasonable and in the public interest. Board of Commissioners - February 3, 2014 ITEM: 6 - 1 - 1 ZONING MAP AMENDMENT REQUEST CASE: Z-929,1/14 PETITIONER: G. Kenneth Orndorff, BRM Associates #1, LLC REQUEST: Rezone from CD (B -1) Business District to B -2 Highway Business District ACREAGE: 1.81 acres LOCATION: 5932 Carolina Beach Road Parcel ID Number: RO7617- 003 - 001 -000 LAND CLASS: Transition PROJECT HISTORY: In November 2003, the New Hanover County Board of Commissioners approved a Conditional Use Rezoning from R -15, Residential District to CD (B -1) Business District for Beau Rivage Marketplace, a mixed use development consisting of residential, office and commercial uses located at the intersection of Carolina Beach and Sanders Roads in southern New Hanover County. In October 2005, the Board of Commissioners approved a request to add an additional 30,000 square feet of retail and an additional 58 dwelling units to the project. The 2003 rezoning included a strip of land on the subject parcel for the purpose of creating an access drive (see Figure 1 below). The rezoning of the strip of land created a split zoning on the subject parcel with the strip being zoned CD (B -1) and the remainder of the subject parcel zoned as B -2. In March 2007, the applicant requested an administrative approval to the approved site plan in order to shift the access drive south on the subject parcel approximately 150 feet toward the southern boundary of the parcel. The administrative approval to shift the location of the access drive on the site plan was granted, however, the request did not include a change to the zoning designation of the access drive Figure 1: Aerial Photograph showing existing site conditions and Zoning Map showing current zoning designation. Z -929, (1/14) Board of Commissioners - February 3, 2014 ITEM: 6 - 2 - 1 Page 1 as approved in 2003 and recorded on the official zoning map. EXISITING CONDITIONS: Existing Zoning and Land Uses The subject property totals 1.81 acres located at 5932 Carolina Beach Road, just south of the intersection with Sanders Road. The property is currently split zoned between a CD (B -1) District approved for the Beau Rivage Shopping Center as well as B -2, Highway Business District. The surrounding area is generally zoned CD (B -1) and B -2 and is adjacent to commercial uses in all directions, including to the east across Carolina Beach Road. Existing Site Conditions The subject property is currently vacant and contains direct access to Carolina Beach Road via an existing driveway on the south side of the lot, which is recorded as an access and utility easement. The property lies directly adjacent to Beau Rivage Marketplace and has approximately 315 linear feet of road frontage. An additional 15 foot utility easement lies along the northern boundary line of the subject property. Along the eastern boundary of the subject property there are energy transmission lines within the right -of -way of Carolina Beach Road. Environmental Conditions The subject property contains Rimini as a soil type, which contains slight impediments to septic suitability. No portion of the property lies within a Special Flood Hazard Area and there are no CAMA Areas of Environmental Concern on the site. The site contains one significante tree, which if removed will be required to be mitigated per the requirements of Section 62.1 -9 of the Zoning Ordinance. Traffic and Transportation Wilmington Metropolitan Planning Organization Staff has provided information that traffic counts were conducted at points on Sanders Road and Carolina Beach Road from July 30, 2013 to August 3, 2013. North of the subject property at Sanders Road, the average daily trip count (ADT) was 8,630 with a capacity of 16,500. This figure represents a "C" Level of Service (LOS), meaning that at this point the traffic is at stable flow. Adjacent to the property along Carolina Beach Road, the ADT was 36,103. This figure represents an "F" (LOS) meaning that traffic counts are exceeding design capacity of the road, which is listed at 29,300. The subject property is approximately 1.5 miles south of the Monkey Junction Wal -Mart, which is served by WAVE Transit Bus Routes 107, 201, and 301. Route 301 also provides service to Masonboro Commons, which is approximately 1.2 miles south of the subject property. Community Services Water and Sewer: The property is within the Urban Services boundary and wastewater is provided by CFPUA, while water is provided via NC Aqua. Fire Protection: The property is served by New Hanover County Fire Services and located in the New Hanover County South Fire District. Z -929, (1/14) Board of Commissioners - February 3, 2014 ITEM: 6 - 2 - 2 Page 2 Conservation, Historic, and Archaeological Resources The subject property does not host any known conservation, historic, or archaeological resources. PETITIONER'S REQUEST: The petitioner is seeking a general use rezoning to zone the entire parcel B -2 Highway Business District which will remove the formerly approved strip of CD (B -1) originally approved for an access drive. Any future development proposal will be subject to the applicable development review process. STAFF POSITION: Land Use Plan Classification and Policy Considerations The subject property is classified as Transition according to the 2006 Wilmington -New Hanover County Joint CAMA Land Use Plan. The Transition land use classification is intended to provide for intensive urban development on lands that have been or will be provided with necessary urban services. The proposal is consistent with the Transition land use classification and not contradictory to any policies within the Land Use Plan. Traffic Per Section 61.4 of the Zoning Ordinance, a traffic impact analysis (TIA) must be completed when a traffic worksheet indicates traffic generation of 100 or more peak hour trips for any nonresidential project. TIA and access requirements will be addressed at the time a specific development proposal is submitted to the Planning and Inspections Department. Utilities and Infrastructure, Environmental Review, Landscaping and Buffering Water and sewer service is available to the site by NC Aqua and CFPUA, respectively. Additional details regarding water and sewer capacity and further review of these issues will occur during the commercial site plan review process after a specific development proposal has been submitted. REVIEW AND ACTION: Rezoning a strip of land for an access drive is not a requirement of the rezoning and an access drive to a particular development can occur without a subsequent rezoning. Because the access drive was constructed at a different location then what was previously approved in the 2003 rezoning, staff does not feel that there is any reason for the CD (B -1) strip to remain, therefore staff supports consolidating the subject parcel into B -2. This request is being facilitated by Article XI: Amendments of the County's Zoning Ordinance, and has been processed and reviewed per Section 110 — Amending the Ordinance. For the reasons mentioned above and because the request is consistent with the 2006 CAMA Land Use Plan, staff recommends the approval of the proposal as requested. At their January 9, 2014, the New Hanover County Planning Board voted unanimously (6 -0) to recommend approval of the request. Z -929, (1/14) Board of Commissioners - February 3, 2014 ITEM: 6 - 2 - 3 Page 3 Action Needed • Motion to approve the petitioner's proposal • Motion to "table" the item in order to receive more information • Motion to deny the petitioner's request based on specific reasons Staffs Recommended Motion: Approve the petitioner's proposal os requested. Z -929, (1/14) Board of Commissioners - February 3, 2014 ITEM: 6 - 2 - 4 Page 4 Case: Z-929, (1/14) Rezone 1.81 acres from CD (B -1) to B -2, Highway Business District Petition Summary Data Parcel Location & Acreage: 5932 Carolina Beach Road, 1.81 acres Owner /Petitioner: BRIM Associates #1, LLC Existing Land Use: Vacant, adjacent to commercial uses Zoning History: Area 4, (April 7, 1971) Land Classification: Transition Water Type: NC Aqua Sewer Type: CFPUA Recreation Area: Veterans Park Access & Traffic Volume: Direct access to Carolina Beach Road which showed ADT of 36,103 at a point south of Sanders Road in August 2013; functioning as LOS F. Secondary access from Sanders Road which showed ADT of 8,630 at a point west of Carolina Beach Road in August 2013; functioning as LOS C. Fire District: New Hanover County South Watershed & Water Quality Classification: Mott's Creek, (C;SW) and Lord's Creek (C;SW) Conservation /Historic/ Archaeological Resources: No known resources on site Soils and Septic Suitability: Rm — Rimini. Slight Impediments to septic suitability. Flood Hazard Areas: None Schools: Bellamy Elementary, Murray Middle School, Ashley High School Z-929,1/14 Page 1 Board of Commissioners - February 3, 2014 ITEM: 6 - 3 - 1 Board of Commissioners - February 3, 2014 ITEM: 6 - 4 - 1 m J O O J J J i S S S :j S U :j w U t\ as N�v3aivNnoav� vt- t� as H�v evv�ioav� J U w m J Zp F- r o m J r 2w m w w w U w m a w a p J- z z 0 J W 1t o a N 3 w a z C7 z U w m J J J J U w w a o a ? m w N w Z O z w O F z } = w J J O w m r Z Q p ° a u 2 w J a u i o O a a o r w a o a G° O a a w N � = m m G O m a N a a rn 04 „ r w a u u r a z a 3 a J w D o o¢? o v a o o m° o U N U yr vx yr yr yr }�� a r O oo o) �(1 0 0-7D ;7 W ..__. ............._ ...... _.. aO.H07 /HS. _._..... f N o � � � U M 0 N O m E ~ i � LL o 3 y o U ti 0 4 O O 2 v U N �..� .......... __. ............ ..... a __. ...._. _ .� _... .., ... ...s......- 08,H7V38- VN1108V7- _. . ... _.. ..- py- H7V38- VN1108V7 ........... .... d m w N N M Q 2 N N Q �- H El O Zp J U M 0 - 1d,gA / 1 0 °03831131 c m o 1 _�N ; -o y O v U vt U .N W JJJ: O a w j z'- '--- 15.713HS- 83dd11S ' �I� u .. O r y Y r< M L N _ EEM ,.�... , Q Y a U v = a 80d17R� y�___ m a; O y 2 U a � T --r U� W O Y kk"Ot:; . 1• N Of y m d Z N i _ \ 4,.4„ d 30yN3�Ob .' � ' ... _ Board of Commissioners - February 3, 2014 ITEM: 6 - 4 - 1 Board of Commissioners - February 3, 2014 ITEM: 6 - 5 - 1 Petitioner Information Property 0"ller(s) Subject Property If dfifferent than PeMoner Name Owner Name Address G. Kenneth Orndorff Same 5932 Carolina Beach Rd. Company Owner Name 2 Parcel 111) Address Address Acreage/Square Feet 10815 Sikes Places, Suite 300 Same 1.81 Acres City, State, Zip City, State, Zip Existing Zoning and Use Charlotte, NC 28277 Same CD(B-1) and B-2 Phone Phone Proposed Zoning and Use 704-321-1000 Same B-2 Email Email Land Classification [_�en@raleymiller.com Same Transition Petitions must be reviewed by Planning & Zoning for completeness prior to acceptance. You are encouraged to consult with a Planner prior to submission. For Petitions involving five (5) acres or less a fee of $400.00 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 petition. The following supplemental information is required: 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 AExed Use, Planned to application submission. 3MA- 4/1O Board ofCommissioners February 3.2014 Complete petitions and supplementary information must be reviewed and accepted by Planning & Zoning twenty (20) working days before the Planning Board meeting to allow adequate time for processing and advertisement as required by the North Carolina General Statutes. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 5:30PM in the Commissioner's Assembly Room at the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina. If the Planning Board approves your petition, the request will automatically be referred to the Board of County Commissioners. If your petition is denied, you may appeal to the Board of Commissioners. Planning& Zoning can advise you regarding appeal procedures. Please note there is a 12 -month wait required between subsequent rezoning requests on the same parcel or any part of it, (reference Section 111 -3). The owner /applicant and or authorized agent should plan to attend all meetings at which this request will be heard. WHAT YOU MUST ESTABLISH FOR A CHANGE OF ZONING Your intended use of property upon rezoning is completely irrelevant, except for conditional use district proposals. The North Carolina General Statutes require that zoning regulations shall be made in accordance with a comprehensive plan. The governing board is required to adopt statements that the change is or is not consistent, reasonable, and in the public's interest. Since amendments to zoning maps should also be based on a Land Use Plan, you must explain how your request satisfies each of the following requirements: (Fill in below or attach additional pages). 1. How would the requested change be consistent with the County's Policies for Growth and Development? The requested change will create a parcel with a single zoning. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? The Subject Property's Land Classification is Transition, uses permitted in the B -2 zoning district are consistent with intensive urban development as outlined for property within the Transition area. 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? The portion of.the Subject Property that is zoned CA (B -1) was a part of the original conditional use zoning case (Z -816) to accommodate the access driveway as shown on the approved plan. The access driveway was, with administrative approval, relocated during the development of the project and the CD (B -1) strip within the existing B -2 district is no longer relevant. Furthermore, it is not necessary to have the access driveway zoned as a separate district and, for the efficiency of future development of the Subject Property, it is best to have a single zoning district for the Subject Property. Page 2 of 3 ZMA -05/10 Board of Commissioners - February 3, 2014 ITEM: 6 - 6 -.2 4. How will this change of zoning serve the public interest? Change will allow more orderly development of property under a single zoning district instead of dual districts on a single lot. In signing this petition, I understand that the existing zoning map is presumed to be correct and that I have the burden of proving why a change is in the public interest. I further understand 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 to the best of my knowledge, information, and belief. 144 G. Kenneth Orndorft Signature of Petiti er and/or Property Owner Print Name Page 3 of 3 Board of Commissioners - February 3,2014 ITEM: 6 - 6 - 3 CL cu Z 16 LL O co LO LO New Hanover County PARID:R07617 -003- 001 -000 8RM ASSOCIATES #2 LLC Legal Description Legal Description Tax District Subdivision Cade Subdivision Name Page 1 of 1 5932 CAROLINA BEACH RD (1.81 ACRES) TRACT S BRM ASSOCIATES #1 LLC FD 055022 http: / /etax. nhcgov .com /Data.lets/PrintDatalet aS mi pm= February 3, 2014 p�i�7§17 -003 - 001 - 000 &gsp = FUL... 10/29/2413 TRACT B, 1.81 ACRES MAP BOOK 55, PAGE 22 NEW HANOVER COUNTY, NORTH CAROLINA PUBLIC REGISTRY METES AND BOUNDS LEGAL DESCRIPTION COMMENCING at the northeasternmost corner of that certain tract labeled "TRACT A, 10.10 ACRES" as shown on that certain Recombination Plat for BRM Associates #1, LLC dated May 11, 2009 and prepared by Johnny J. Williams Land Surveying, P.C. and recorded in Map Book 55, Page 22 of the New Hanover County Registry (the "Registry") and running thence the following three (3) courses and distances: L South 05 degrees 12 minutes 19 seconds West 47.36 feet to an % inch existing iron stake, (1 inch top below ground surface) in the eastern boundary line of the aforesaid Tract A and the western boundary line of property owned by Carolina Beach & San ders, LLC (now or formerly) by deed recorded in Deed Book 5447, Page 2865 and as shown on Map Book 54, Page 287 both of the Registry; 2. Thence with the eastern boundary line of the aforesaid Tract A and the Carolina Beach & Sanders, LLC property (now or formerly), South 05 degrees 12 minutes 19 seconds West 178.33 feet to a point on the eastern boundary lane of the aforesaid Tract A and being the southwesternmost corner of the aforesaid Carolina Beach & Sanders, LLC property (now or formerly) and the northwestemmost corner of property owned by Robert N. Bell (now or formerly) by deed recorded in Book 2800, Page 631 of the Registry; 3. Thence continuing along the eastern boundary of Tract A and the western boundary of the Bell property (now or formerly) South 05 degrees 02 minutes 30 seconds West 84.26 feet to THE POINT AND PLACE OF BEGINNING. Thence from said POINT AND PLACE OF BEGINNING the following eleven (11) courses and distances: 1. South 84 degrees 41 minutes 13 seconds East 219.51 feet along the southern boundary of property owned by Robert N. Bell (now or formerly) by deed recorded in Book 2800, Page 631 of the Registry to a 3/ inch existing iron pipe (1 inch top below ground .surface); 2. Thence South 84 degrees 41 minutes 13 seconds East 24.65 feet along the southern boundary of the aforesaid Bell tract (now or formerly); to a point. in the westerly right of way margin of U.S. Highway 421 (Carolina Beach Road), a 160 -foot right of way; 3. Thence continuing along said right of way margin, South 06 degrees 01 minutes 37 seconds West .99.19 feet to a 3/ inch existing iron pipe (1 inch top below ground surface); 4. Thence South 01 degrees 44 minutes 07 seconds West 151.42 feet along the westerly right of way margin of U.S. Highway 421 (Carolina Beach Road), a 160 -foot right of way to a point; 5. Thence South 01 degrees 44 minutes 07 seconds West 30.05 feet along the westerly right of way margin of U.S. Highway 421 (Carolina Beach Road), a 160 -foot right of way to a point; CHAR211547497v2 Board of Commissioners - February 3, 2014 ITEM: 6 - 6 - 6 6. Thence South 01 degrees 44 minutes 07 seconds West 15.34 feet along the westerly right of way margin of U.S. Highway 421 (Carolina Beach Road), a 160 -foot right of way to a point; 7. Thence South 01 degrees 44 minutes 07 seconds West 19.13 feet along the westerly right of way margin of U.S. Highway 421 (Carolina Beach Road), a 160 -foot right of way to a point at the northeast corner of property owned by Joyce B. Brewer (now or formerly) by deed recorded in Book 645, Page 545 of the Registry; 8. Thence North 85 degrees 05 minutes 55 seconds West 251.77 feet along the northerly boundary of said Brewer Tract (now or formerly) to a point at the northwest corner of said Brewer Tract (now or formerly) to a 3/ inch existing iron pipe (1 inch top below ground surface); 9. Thence North 85 degrees 05 minutes 55 seconds West 5.00 feet to a point; 10. Thence North 04 degrees 28 minutes 41 East 316.15 feet to a point; 11. Thence South 89 degrees 41 minutes 13 seconds East 5.00 feet to a 3/ inch existing iron pipe (1 inch top below ground surface) to the POINT AND PLACE OF BEGINNING. The above described tract contains 1.81 acres and is labeled as "TRACT B" of that certain Recombination Plat for BRM Associates #1, LLC dated May 11, 2009 and prepared by Johnny J. Williams Land Surveying, P.C. and recorded in Map Book 55, Page 22 of the Registry. I ~r� r y } } 9a s� } mviae l 4 I Y 4 e gee � � � ��• s6AChyx� -g � � yy, � s� ��� � ` dt7r,�p rte, ---- � � � —,.,� +may 1 �_�_�.-- •�Pi � —�--. .._ "q Qi I ~r� r y � F �E 8 six ��p s r } r r p � / 1 Board of Commissioners - February 3, 2014 ITEM: 6 - 6 - 8 §Y g a p� la��8 �a s 1, ai 9 2 0. 4 } } 9a s� } mviae l 4 I � F �E 8 six ��p s r } r r p � / 1 Board of Commissioners - February 3, 2014 ITEM: 6 - 6 - 8 §Y g a p� la��8 �a s 1, ai 9 2 0. 4 r MAP INDEX 201 IN FOR REGIS ?RArION RE TER OF DEEDS rs rawrovsa'cot � 2810 FS WT: 7 PM BK:55 P6.22-23 FU: $21.00 1001 NI IN Name Of Map Owner's Name Type Of Map: Subdivision Plat Condo Plat Highway Map , Book: Page(s): Number Of Pages: Recorded B Y INA - Deputy Board of Commissioners - February 3, 2014 ITEM: 6 - 6 - 9 1 Al. v E S � JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 218 NORTH SECOND STREET WILMINGTON, NC 28401 Filed For Registration: 02/25/2010 04 :07:37 PM Book: PLAT S5 Page: 22 -23 Document No.: 2010005100 2 PGS $21.00 Recorder: CRESWELL, ANDREA State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. .*.20100051.00*... 20100051.00 Board of Commissioners - February 3, 2014 ITEM: 6 - 6 - 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: February 3, 2014 REGULAR DEPARTMENT: PRESENTER(S): Benjamin Andrea, Current Planner (Planning Board Rep: Dan Hilla) CONTACT(S): Chris O'Keefe, Planning & Inspections Director SUBJECT Public Hearing Special Use Permit Request (S -615, 11113) — Request by SEL Property Investors, LLC to Develop a Community Boating Facility in Conjunction with a Single Family Detached Residential Community on a 75.17 -Acre Parcel on Masonboro Loop Road Near Aqua Vista Drive BRIEF SUMMARY: SEL Property Investors, LLC is requesting a Special Use Permit for a community boating facility to be developed in conjunction with a 159 lot single family detached residential neighborhood on a 75.17 -acre tract off of Masonboro Loop Road near Aqua Vista Drive. The property is currently zoned R -15, Residential District, and classified as Watershed Resource Protection and Conservation according to the 2006 CAMA Land Use Plan. The subject property was previously used for agriculture and timbering and is currently vacant and undeveloped. The Special Use Permit request is for the community boating facility. The Preliminary Plan for the development is currently under review by the Technical Review Committee and will be discussed at their February 12, 2014 meeting. The community boating facility would be comprised of an inland basin approximately 88,000 square feet in area (approximately 2 acres) and feature 75 slips for use by community residents only. The slips would include nineteen 25' lift slips, two 25' slips, twenty 30' slips, twenty -six 35' slips, and eight 40' slips. The facility would also feature a canoe/kayak launch that would also be exclusively for use by community residents. The facility would have direct access to the Intracoastal Waterway via a proposed 40' wide access canal. At the January 9, 2014 meeting, the Planning Board voted 6 -0 to recommend approval of the special use permit request with conditions as specified by staff. One person from the public spoke in support of the special use permit. No one spoke in opposition to the request. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs Board of Commissioners - February 3, 2014 ITEM: 7 RECOMMENDED MOTION AND REQUESTED ACTIONS: 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 to approve the Special Use Permit request with the following conditions: 1. The project is subject to the issuance of a CAMA Major Permit and any conditions imposed by the permit, as well as all other applicable reviews, permits, and approvals. 2. Revisions to the project that occur after the issuance of the Special Use Permit that further minimize impacts to coastal wetlands, primary nursery areas, shellfishing areas, or other conservation resources in order to receive a CAMA Major Permit shall be considered minor revisions pursuant to Section 71- 1(9). ATTACHMENTS: 5 -615 Script 5 -615 Staff Summary 5 -615 Petition Summary 5 -615 Neighbor Properties Map 5 -615 Zoning Map 5 -615 Application 5 -615 Proposed Site Plans COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved as presented by staff 4 -0. Board of Commissioners - February 3, 2014 ITEM: 7 ITEM# SCRIPT FOR SPECIAL USE PERMIT S -615, 11/13 Request by SEL Property Investors, LLC to develop a community boating facility in conjunction with a single family detached residential community on a 75.17 acre parcel on Masonboro Loop Road near Aqua Vista Drive. The property is currently zoned R -15, Residential District, and classified as Watershed Resource Protection and conservation according to the 2006 CAMA Land Use Plan. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Open the Public Hearing: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Close the Public Hearing. 4. 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. e Motion to table item to obtain additional information. Motion to recommend granting the permit - All findings are positive. ❑ Motion to recommend granting, subject to conditions specified below: (State Conditions) Motion to recommend denial because, if completed as proposed, the development more probably than not: a. Will endanger the public health or safety for the following reasons: b. Cannot 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 - February 3, 2014 ITEM: 7 - 1 - 1 SPECIAL USE PERMIT 5 -615, 11/13: Request for a Special Use Permit to develop a community boating facility in conjunction with a single family detached residential community on a 75.17 acre parcel located in an R -15 Residential District. Request By: SEL Property Investors, LLC Location: 5200 block of Masonboro Loop Road near Aqua Vista Drive PID R07600- 003 - 014 -000 Summary of Request SEL Property Investors, LLC is requesting a Special Use Permit for a community boating facility to be developed in conjunction with a single family detached residential neighborhood on a 75.17 acre tract off of Masonboro Loop Road near Aqua Vista Drive. The subject property was previously used for agriculture and timbering and is currently vacant and undeveloped.. The community boating facility would be comprised of an inland basin approximately 88,000 square feet in area (approximately 2 acres) and feature 75 slips for use by community residents only. The slips would include nineteen 25' lift slips, two 25' slips, twenty 30' slips, twenty -six 35' slips, and eight 40' slips. The facility would also feature a canoe /kayak launch that would also be exclusively for use by community residents. The facility would have direct access to the Intracoastal Waterway via a proposed 40' wide access canal. Both the access canal and the inland basin are proposed to be dreded from the existing land in order to connect to an existing basin near the Atlantic Intracoastal Waterway that is also proposed to be dredged. On December 13, 2013, State Permit # 24 -81 was transferred from Maurice Emmart, Jr. to SEL Property Investors, LLC and renewed until December 31, 2017. This permit was originally issued on February 20, 1981 and authorizes dredging of the existing channel fingers to -6 MSL. To minimize impacts to Primary Nursery Area habitat, the permit includes a condition that prohibits dredging activity during spawning season (April 1 to September 30 annually). The newly created inland basin and channel will not be open to shellfishing and shellfish areas outside of the inland basin and channel will not be closed as a result of the proposed project. Importantly, exceeding 75 slips would have triggered the closure of an existing shellfishing area beyond the entrance channel per state regulations (15A NCAC 18A .0911). A pump -out station is required per The Clean Coastal Water and Vessel Act of 2009. A total of 64 parking spaces are proposed to serve the facility, with a mixture of 35 vehicular spaces and 29 golf cart spaces. The use of signage and neighborhood covenants will dictate all associated parking spaces be time limited and /or temporary access to the facility. Dedicated pedestrian paths and bicycle racks will be provided to encourage walking and biking to the facility, and S -615, (11/13) Board of Commissioners - February 3, 2014 ITEM: 7 - 2 - 1 Page 1 design of the residential neighborhood will encourage the use of golf carts and other non - vehicular modes of transportation. The project will be subject to all necessary reviews and approvals, including from the NC DENR Division of Coastal Management, NC DENR Division of Water Resources, NC DENR Division of Marine Fisheries, US Army Corps of Engineers, US Fish and Wildlife Service, National Marine Fisheries Service, New Hanover County Engineering, and New Hanover County Planning and Inspections. A scoping meeting was held with representatives from these and other agencies on November 14, 2013 to discuss the project prior to the submission for a CAMA Major Permit. At the scoping meeting, concerns were raised in several areas, and as a result, the project was revised. Below is a summary of the issue areas discussed at the interagency scoping meeting, and how the project was revised to address each: Impacts to Coastal Wetlands — The original design of the project proposed impact to approximately 3,151 square feet of coastal wetlands. NC DENR Division of Coastal Management (DCM) Staff had particular concerns about the original design of the bulkheads and breakwaters, their necessity, and the resulting impacts to coastal wetlands. In response, the locations of the bulkheads and one of the two breakwaters were revised and the impacted coastal wetland area has been reduced to 1,284 square feet. Impacts to Primary Nursery Areas — A riprap groin was originally proposed along the northern side of the existing entrance channel to minimize sediment accumulation and buffer wave energy within the channel. The proposed groin would have impacted 3,768 square feet of Primary Nursery Area, a concern expressed by several agencies. In response, the riprap groin was eliminated and replaced with a vertical sheet pile jetty wall, which will have minimal impact to the benthic environment of the Primary Nursery Area. Adequate Tidal Flushing of Basin and Channel — Meeting attendees expressed concern about the square corners of the original design as well as the basin and channel depths, and how if these elements as designed could provide adequate flushing of the channel and basin during the semi - diurnal mixed tidal events that are experienced in southeastern North Carolina. Tapering the depths of corners in the basin was suggested to improve water flow and encourage flushing, and the plan was revised to taper the basin corner depths from -6' mean low water (MLW) to -5' MLW. In accordance with DCM rules, the depth of the basin ( -6' MLW tapering to -5' MLW in the corners) and channel ( -6 MLW) will be less than the depth of the adjacent waters (approximately -14 MLW within the Atlantic Intracoastal Water Way). Additionally, a dredging maintenance plan is proposed that will require maintenance dredging be performed when depths within the authorized dredging areas reach -4' MLW or shallower. Maintaining channel and basin depths will ensure tidal flushing occurs as predicted and designed. S -615, (11/13) Board of Commissioners - February 3, 2014 ITEM: 7 - 2 - 2 Page 2 The above revisions were incorporated into the project design and on December 17, 2013, the applicant applied for a CAMA Major Permit. Division of Coastal Management Staff has 75 days (March 3, 2014) from the submission date to render an approval or denial decision, with the possibility of extending the decision period up to an additional 75 days (May 16, 2014). During this period, a number of state and federal agencies will have the opportunity to review and comment on the project. All CAMA Major and General Permits must be consistent with the County's adopted CAMA Land Use Plan, therefore New Hanover County Staff will have an opportunity to review and comment on the project during this period to ensure consistency with the Plan. 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. Water and sewer are currently available to the subject property; however, the proposed use does not require water or sewer. The special use permit request is to construct the community boating facility, ancillary access channel, and associated parking areas. B. Vehicular and multi -modal traffic to the facility will originate solely from within the community that has exclusive use of the boating facility. The community boating facility itself will not increase traffic loads on the transportation network outside of the community, including Myrtle Grove Road. The residential community which the boating facility will serve is pending submittal but will require a Traffic Impact Analysis. C. The subject property is located in the New Hanover County South Fire Service District. D. The Average Daily Trip count (ADT) on Masonboro Loop Road at Aqua Vista Drive was 18,536 trips per day in October 2013, representing a Level of Service (LOS) of "F ", meaning that traffic counts exceed the design capacity of the road, which is listed at 16,200. E. The area for the proposed scope of work does not host any known cultural or archaeological resources; however, it is located in a CAMA Area of Environmental Concern (AEC) and AE and VE Special Flood Hazard Areas. Therefore, the project will be subject to a CAMA Major Permit and limited to 25% impervious surface. Additionally, the project will require review and approval from NC DENR Division of Coastal Management, NC DENR Division of Water Resources, NC DENR Division of Marine Fisheries, US Army Corps of Engineers, New Hanover County Engineering, and New Hanover County Planning and Inspections. 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. S -615, (11/13) Board of Commissioners - February 3, 2014 ITEM: 7 - 2 - 3 Page 3 A. Section 72 -37(1) requires that the applicant demonstrate that the project will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. I. The petitioner has submitted an application for a CAMA Major Permit. The permit will address potential impacts to water quality, coastal wetlands, Primary Nursery Areas, shellfishing areas, and other conservation resources. At this time those reviews have not been completed but concerns were addressed during the project scoping meeting that was held on November 14, 2013 and included representatives from the NC DENR Division of Coastal Management, NC DENR Division of Water Resources, NC DENR Division of Marine Fisheries, US Army Corps of Engineers, US Fish and Wildlife Service, National Marine Fisheries Service, New Hanover County Engineering, New Hanover County Planning and Inspections, and others. Concerns about the project were expressed in three main areas: impact to /loss of coastal wetlands, impact to /loss of Primary Nursery Area, and adequate tidal flushing of the basin and channels. The project was revised to incorporate suggestions to address these issues. II. As currently proposed, the project will result in a loss of 1,284 square feet of coastal wetlands. At this time, no evidence has been submitted that this project will have a negative impact on the remaining coastal wetlands in the vicinity of the project. III. As currently proposed, direct impacts to Primary Nursery Areas as a result of the project are limited to two vertical sheet pile jetties extending approximately 100' into the Atlantic Intracoastal Water Way from the end of the proposed breakwaters in the existing basin. At this time, no evidence has been submitted that this project will have a negative impact on Primary Nursery Areas in the vicinity of the project. B. Proposed parking accommodations include 64 total spaces (35 vehicular and 29 golf spaces) to serve the community boating facility and additional amenities. Additional off - street parking is provided by residential driveways within a reasonable walking distance to the community boating facility, which has historically been acceptable to suffice Section 72 -37(2) of the Zoning Ordinance. C. The number of boat slips does not exceed the number of residential lots or dwelling units proposed within the associated development, pursuant to Section 72 -37(3) of the Zoning Ordinance. D. The right to use the use of the facility by community residents shall be conferred in the homeowners covenants by language and necessary restrictions deeming the community boating facility as private and only for use by community residents, as required per Section 73 -37(4) of the Zoning Ordinance. E. Commercial activities or associated commercial type uses or amenities, such as the sale of gasoline, oil, marine supplies, and food stuffs, will be prohibited, consistent with Section 73 -37(5) of the Zoning Ordinance. Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of the required conditions and specifications of the Zoning Ordinance. S -615, (11/13) Board of Commissioners - February 3, 2014 ITEM: 7 - 2 - 4 Page 4 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 proposed project will be a component of a proposed single family detached residential community which will meet all applicable landscaping and buffering requirements set forth in the Zoning Ordinance. B. The proposed facility will not generate any additional traffic on Myrtle Grove Road as the facility shall only be utilized by community residents whose trip origin is within the residential community. C. Similar water - dependent uses exist on adjoining properties to the north and south of the subject site. D. No evidence has been submitted that this project will decrease property values of adjacent or nearby properties. 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 subject property is located in an R -15, Residential District. Community Boating facilities are permitted by Special Use Permit in all residential districts, including R -15. B. The 2006 Wilmington -New Hanover County CAMA Land Use Plan classifies the subject site as Watershed Resource Protection and Conservation land use classifications. Impervious surface coverage will not exceed 25 %, compliant with Policy 3.12(a) of the Plan. C. The project will utilize natural vegetative buffers to effectively filter runoff before it enters surface waters, consistent with the protection strategy for the Watershed Resource Protection and Conservation areas stated by Policy 3.12(c) of the 2006 Wilmington -New Hanover County CAMA Land Use Plan. D. The proposed scope of work falls within the definition of a community boating facility per the 2006 Wilmington -New Hanover County CAMA Land Use Plan. As defined, a community boating facility is "a private nonprofit boating facility including a dock pier, and /or launching ramp on property which has water frontage, the use of which is intended to serve 5 or more residential lots or units. The right to use such facility must be conferred by an easement appurtenant to the residential lot it is intended to serve. No commercial activities of any kind, including commercial letting of slips to parties who are not residents of the waterfront subdivision shall be allowed within confines of the facility." S -615, (11/13) Board of Commissioners - February 3, 2014 ITEM: 7 - 2 - 5 Page 5 E. The project will satisfy private riparian access needs by utilizing a shared -use facility, consistent with Policy 3.19 of the 2006 Wilmington -New Hanover County CAMA Land Use Plan. F. Policy 3.20 of the CAMA Land Use Plan prohibits new dredging activities in Primary Nursery Areas (PNA), Outstanding Resource Waters (ORW), and Shellfishing Waters (SA) with the exception of maintenance dredging activities. In order to meet the requirements for maintenance dredging, a previously permitted channel must exist, that the original depth and width may not be increased to allow for a new or expanded use, and that excavated material must be placed in an approved disposal area without significantly impacting adjacent nursery areas or submerged vegetation. On December 13, 2013, State Permit # 24 -81, which was originally issued on February 20, 1981 and remains valid until December 31, 2017, and permits maintenance dredging of the existing channels and placement of spoil material in a specified disposal area, was transferred to the applicant SEL Property Investors, LLC. The scope of work authorized under State Permit # 24 -81 has not changed from the date of initial issuance, and permits a dredging depth of -6 MLW. As such, the dredging activities authorized under State Permit # 24 -81 are consistent with Policy 3.20 of the 2006 Wilmington -New Hanover County CAMA Land Use Plan, specifically Implementation Strategy 3.20.4. Staff Suggestion: Evidence in the record at this time supports a finding that the use is in general conformity with the plan of development for New Hanover County. SUMMARY Staff concludes that, with the information submitted, the applicant has demonstrated that the proposal meets Section 72 -37(1) of the Zoning Ordinance. Staff also concludes that, with the information submitted, the applicant has demonstrated that the proposal is consistent with Policy 3.20.4 and other applicable policies of the CAMA Land Use Plan. At their January 9, 2014, the New Hanover County Planning Board voted unanimously (6 -0) to pass a motion recommending approval of the request with Staff's recommended conditions. One member of the public, representing the Masonboro Harbour Home Owners Association, spoke in support of the request. No members of the public spoke in opposition to the request. Note: A Special Use Permit is a quasi - judicial action requiring an evidentiary hearing and findings of fact. S -615, (11/13) Board of Commissioners - February 3, 2014 ITEM: 7 - 2 - 6 Page 6 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 to approve the Special Use Permit request with the following conditions: 1. The project is subject to the issuance of a CAMA Major Permit and any conditions imposed by the permit, as well as all other applicable reviews, permits, and approvals. 2. Revisions to the project that occur after the issuance of the Special Use Permit that further minimize impacts to coastal wetlands, primary nursery areas, shellfishing areas, or other conservation resources in order to receive a CAMA Major Permit shall be considered minor revisions pursuant to Section 71 -1(9). S -615, (11/13) Board of Commissioners - February 3, 2014 ITEM: 7 - 2 - 7 Page 7 Case S- 615,(11/13) Special Use Permit Request for Community Boating Facility in R -15 Zoning District in conjunction with High Density Single Family Detatched Residential Subdivision Petition Summary Data Parcel Location & Acreage: Myrtle Grove Road at Aqua Vista Drive, 75.17 acres Owner /Petitioner: SEL Property Investments, LLC Existing Land Use: Vacant /Undeveloped Zoning History: Area 4 (April 7, 1971), "Masonboro" (October 15, 1969) Land Classification: Watershed Resource Protection /Conservation Area Water Type: Public Sewer Type: Public Recreation Area: Myrtle Grove Middle School Park (Athletic Fields), Arrowhead Park Access & Traffic Volume: Average Daily Trips (ADT) at Masonboro Loop Road and Aqua Vista Drive in October 2013 was 18,536, representing a Level of Service (LOS) of "F ". Fire District: New Hanover County South Watershed & Water Quality Classification: Peden Point (Drains Directly to AIWW), (SA;ORW) Conservation /Historic/ Archaeological Resources: Maritime Shrub Thickets adjacent to AIWW Soils and Septic Suitability: Johnston Soils (JO) — Severe: Flooding /Wetness Seagate Fine Sand (Se) — Severe: Wetness Lynn Haven Fine Sand (Ly) — Severe: Wetness Stallings Fine Sand (St) — Severe: Wetness Wakulla Sand — 1 to 8 Percent Slopes (Wa) — Slight Torhunta Loamy Fine Sand (To) — Severe: Wetness /Flooding Leon Sand (Le) — Severe: Wetness Tidal Marsh (TM) — Severe: Wetness /Flooding Rimini Sand — 1 to 6 Percent Slopes (Rm) — Slight Flood Hazard Areas: Shaded X, AE, VE Flood Zones Schools: Bellamy Elementary, Myrtle Grove Middle, Ashley High 5 -615, 11/13 Board of Commissioners - February 3, 2014 ITEM: 7 - 3 - 1 Page 1 LO ch U � J \ \ - co N v J. —4i >. Z y v °v . o \ B N p ' E 1 3 \ti � o • U r c � J 'o U j L _ cc All � F 3 w J m ¢ a d Q �, N a ® N Q co 3 O U � J o co N v a j p U ro v >. Z y 0C9m °v J � W `y co o o pv Z w IL F a N a � Y 'd f0 II Z V) Y )I Board of Commissioners - February 3, 2014 ITEM: 7 - 4 - 1 N N N N f6 O N LL 0 0 0 c t N N N a o i o z o= a m° LL F 3 w J m ¢ a w Q �, z a ¢ x W 3 O a o z a F o z ° k w o o 0 - m o 3 a a¢ > a ° o a° o a i� o Y a a � a° 3° Y w i Y H Y �, a w z z a¢ a? a Q w - w O ° w G¢ w° a J> a a J w w LL w a o z i° �, a a Q z a- Q x° 3 i Q z - ? 3 ¢ o a w i Q Q x x"° ° s i W o F o J 3� w m° °° w N F °x m a a °> a li, i a o o 0 3 3 F `� x `� - x o z° g a -�� o z M °" o a o LL -6-,-Mm m - o '" G o° o m w o m o Y °o ° ? o 0 0 5 z= 0 J x 3 z ° - g o z x a o 0 0 z o g o 3 o° 3 Y w w o w F o s w g H o m ° g Ij° a 3 ? m m o o o i E? o z a o z _ a° z° v �M�llrlrrlr o S o III'- ` m - a ° - a N a s ° a ° a °" a a ° i 3 o a ° 3 w g s i s ,� a a a a° z o o N x 8= V V o z a V a V z o Q z W Q x i z z o o s '' o o z Q a o a i i LL z o a z Y¢ z o" - a ° 3° w w m z x a w m o° o 0 w o J Q g° ~ a a 3 F o a a w w x a Q o o _ o° N o N a o z s> w z o z w w 3° i° a o i z a - °_ o w o a i x w o W a a x o w o J o i z w �, i ° o w a w z x z 3 a o '' o °° o° a o z o z? o g W a �' o o w G o 3° w m a a s x W a° 3 z w z o w x o w w z i� 1E a Y '' 0 a o m °° z o w w o z 3 w °? m o z z° i� w o F o' N o 5 z w° ° a z z w° z k w x a w g° 3 a g i 3 0 3 3° 3 x a o w o z i J i 3 �5 0 m g° r 3 0 o w° v o v v Board of Commissioners - February 3, 2014 ITEM: 7 - 4 - 1 N N N N f6 O N LL 0 0 0 c t N N N a Board of Commissioners - February 3, 2014 ITEM: 7 - 5 - 1 230 Govenxnient Center Drive Suite 150 Wilmington, NC 28403 910- 798 -7165 phone 910 - 738 -7053 fax +,'w "t',I1I3L xC) \'.013171 Nance of Petitioner Staff Use Only;: SEL Property Investors, LLC Application Number ,address City, State, Zip 60 Gregory Rd, Suite 1 Belville NC 28451 Email ,address ipkeetera-bcklawfirrn.com Telephone Number of Petitioner dweeks gpararnounte- eng.corn 910.763.2727 Nance of Property Owner (if different than Petitioner) Telephone Number of Oe ner (if different than Petitioner) SEL Property Investors, LLC Address of Property Owner (if different than Petitioner) City, State, Zip 100 Aqua Vista Rd. Wilmington, NO 28400 .Email Address (if different than Petitioner) P'roperg, Address 100 Aqua Vista Rd Area of Property and Square Feet/Acres Proposed Use Residential - Single Family Development 75.17 AC 3,274.405 SF with Commun`st Boatj,ng, Facility Existing Zoning Parcel ID Number lrZ -15 R07600 -003- 014 -000 Existing Use of Properly Land Classification (See Land Use Plan) Agricuitural /Residential Watershed Resource Protection Area Conservation Area Applications MUST be reviewed by the Planning Department for completeness prior to acceptance. For Special Use Pen-nits that are considered residential or mobile homes a fee of $150.00 is required. All other Special Use Permits require a fee of .00. This fee, payable to New Hanover County, MUST T accompany this petition. 5"00.0. No application will be accepted unless accompanied by a plan of the proposed use and lot dra -wn to scale to be used, as evidence in support of the required findings of fact (outlined on page 2) of this application, if submitting, full size plans, please provide thirteen (13) copies for the Planning Board Meeting and nineteen (1.9) copies for the County Commissioners Fleeting; (1) 11x17 reduced site plan, and thirteen (13) and nineteen (19) copies of any color documents. The following supplemental information is required: I One copy of current tax trap 2 Narrative of proposed use 3 Adjacent property owners, and uses 4 location of existing and (or proposed structures) to be used in connection with the requested use 5 Location of off - street parking and ingress /egress 6 Location and dimensions of proposed sign(s) 7 Location of site relative to major thoroughfares 8 Setbacks from property lines 9 Authority for appointment of agent form (The owner or an attorney must handle the case) 10 Applicant answers to the questions on the application I 1 Signed site plan checklist Page l of 4 SUP 8/09 Board of Commissioners - February 3, 2014 ITEM: 7 - 6 - 1 Note: Applicants should refer to Article 6 & 7 of the Zoning Ordinance for additional requirements for specific uses. The Planning Department, Planning Board, and/or Board of County Commissioners reserve the right to require additional M 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. Applications for Special Use Permits (other then for single family dwellings on individual lots) are first referred to the New Hanover County Planning Board for recommendation to the County Commissioners. The Commissioners make final action on the permit application in a quasi-judicial public hearing. Complete petitions and all supplementary information must be accepted by the Planning Department twenty (2 l) working days before the Planning Board meeting to allow adequate time for processing and advertisement as required by the North Carolina General Statutes. Planning Board meetings are held on the first Thursday of each month at 5:30PM in the Con-nuissioner's Assembly Room at the Old County Courthouse, at Third and Princess Streets, Wilmington, North Carolina, Applications for single-family dwellings, including mobile homes, on individual lots must be accepted by the Planning Department twenty (20) working days before the regularly scheduled Commissioners meeting. Applications for single-family dwellings on individual lots do not require planning board review. What You Must Establish For A Special Use Pern-dt Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 71. The Zoning Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements, (Attach additional pages if necessary) General Requirement #1 The Board must find "that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved." This request will not materially endanger the public, health or safety if located where proposed and developed according to the plan as submitted. The proposed request will be developed in accordance with the CAMA Land Use Plan classification of Watershed Resource Protection Area Conservation Area- It is also comparable in proposed use with adjacent properties which contain community boating facilities. All development and maintenance of the proposed request will follow all applicable local, state and federal laws and will acquire all necessary permits and approvals. Page 2 of 4 SUP 8/09 Board of Commissioners - February 3, 2014 ITEM: 7 - 6 - 2 General Requirement #2 The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance". The development and construction of the community boating facility meets all the required conditions and specifications of the current New Hanover County Zoning Ordinance. 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_" By providing recreation opportunities and water access for the residents of this proposed community, the proposed project is anticipated to enhance the use of this subject property without injuring the value of any adjoining or abutting property. Precedent has been set by adjoining or nearby properties, such as Masonboro Harbor and UNCW Center for Marine Science, providing water access without substantially injuring property values for surrounding parcels. 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,- The proposed community and associated amenity area and community boating facility are all similar uses to surrounding properties; therefore, they will be in harmony and in general conformity with plan of development for the New Hanover County- Adjoining properties are either similar single family neighborhoods or individual single family properties. There are comparable amenities and community boating facilities adjacent to and near this proposed project. Page 3 of 4 SUP 8i09 Board of Commissioners - February 3, 2014 ITEM: 7 - 6 - 3 SITE PLAN CHECKLIST Check each itein to confirm that is included Tract boundaries and total area, plus location of adJoining land parcels and roadways, Emsting zoning of the tract and neighboring parcels and proposed tract zoning. X� Proposed use of land, structures and other improvements. For residential uses. this shall include number, height and type of units and site plan outlining area to be occupied by each structure ajid,-or subdivided lot boundaries. For non-residential uses, this shall include approximate square footage and height of each structure_ an outline of the area it will occupy and the specific purpose for which it will be used. 4 Development schedule including proposed phasing. Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed righl-of-way dedication. plans for access to and from 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 si!4nage. The one hundred (100) year floodplain fine, if applicable dLocation 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 corresponding General Use District regulations, which are the minimum requirements for Special Use Permit, or other limitations on land which may be regulated by State law or Local Ordinance. 4 Any other information that will facilitate review of the proposed change (See Article V11). Page 4 of 4 SUP 8,09 Board of Commissioners - February 3, 2014 ITEM: 7 - 6 - 4 Please note that for quasi-judicial proceedings, either the land owner or an attorney must represent the case at its public hearing The undersigned owner SEL Property Investors, LLC does hereby appoint (Print or Type) Jeffrey P. Fleeter ---- as his/her/its exclusive agent for the purpose of petitioning New (Print or Type) Hanover County for a variance, special use permit, conditional use district, and/or an appeal of staff decisions applicable to the property described in the attached petition. I To submit a proper petition and the required supplemental materials. 2. To appeal at public meetings to give representation and commitments on behalf of the owner. 3. To act on the owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition for an amendment applicable to the New Hanover County Zoning Ordinance under Article X1 therein. This agency agreement shall continue in effect until written notice of revocation by the owner is delivered to New Hanover County. This the day of october 2013 Agent's Name, Address, Email & Telephone Signature of Owner (s) (Print or Type) Jeffrey P. Keeter sEL Property investors, LLC 310 North Front street, Suite 200 B D I. Logan, n ger Wilmington, NC 28401 (910) -163-2727 jpkeeter@bcklawfirm.com Board of Commissioners - February 3, 2014 ITEM: 7 - 6 - 5 AAA 04/10 li - evM aai s >awa�.w .i r+ _— s Gm -- J" H. II j - _- � I' r� �I NoI.LoIRusxOa xoj isa iox oa - ,kav IWI I32Id y 3 5 3 3 l H,LI.IS `QVOII 72I0 JHiI`J 09 DTI`SUOLS'dtilIId.RIHdOHd'IHS C9L9 -Jtr8Z loieD pion- uoi3,n� IA IOC w!nS `a �_Q -P--10 Ed6: !iiZHoIN Vxyd DN `SS`�Lr1OD TI'31OH dIHS_,,)&O.L O'dOgN,0SS'Yl QAfIOSZlli, NOJNIQN`1I r SlS�7W3 SIHLHXH N01,LdffDX37VIO3dS a e I P a o I i "-._— moles od �nwva.� o s roaa li - evM aai s >awa�.w .i r+ _— s Gm -- J" H. 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