HomeMy WebLinkAboutAgenda 2014 03-10AGENDA
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
MARCH 10, 2014 6:00 PM
MEETING CALLED TO ORDER (Chairman Woody White)
NON - SECTARIAN INVOCATION (Pastor Wayne Johnson, Sr., St. Stephen A.M.E. Church)
PLEDGE OF ALLEGIANCE (Commissioner Jonathan Barfield, Jr.)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Acknowledgment of New Hanover County State of Emergency
Proclamation and Termination of State of Emergency in the County of
New Hanover Proclamation
3. Adoption of Resolution Appointing Map Review Officers
4. Approval of January 2014 Tax Collection Reports
5. Adoption of Budget Amendment
ESTIMATED
MINUTES
REGULAR AGENDA ITEMS OF BUSINESS
5
6. Consideration of Girl Scout Week Proclamation
15
7. Winter Storm Debrief and Update
30
8. Public Hearing
Special Use Permit Request (S -617, 1/14) — Request by ACI Pine
Ridge, LLC to Develop a Mixed Use Development on a 37.9 -Acre Parcel
Located at the 100 Block of Porters Neck Road
20
9. Public Hearing
Zoning Ordinance Text Amendment (A -418, 2/14) - Request by Staff to
Amend Section 23: Definitions, Section 61.4: Traffic Impact Analysis,
Section 121: Filing and Notice for an Appeal, Section 122: Powers and
Duties of the Zoning Board of Adjustment to Address Inconsistencies in
the Ordinance as a Result of Legislation Passed During the 2013 North
Carolina Legislative Session
5
10. Consideration of Amendments Required to Bring New Hanover County
Code Into Alignment with Changes to the General Statutes enacted
Board of Commissioners - March 10, 2014
during the 2013 North Carolina Legislative Session
PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes
ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS
MINUTES
11. Approval of an Application for the Waiver of Landfill Tipping Fees for the
National Society of the Daughters of the American Revolution,
Wilmington Ladies Tea Walk Chapter
10 12. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
13. 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 - March 10, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 10, 2014
CONSENT
DEPARTMENT: PRESENTER(S): Chairman White
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Agenda Review Meeting held on February 13, 2014
Regular Meeting held on February 17, 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)
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - March 10, 2014
ITEM: 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 10, 2014
CONSENT
DEPARTMENT: PRESENTER(S): Chairman White
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT
Acknowledgment of New Hanover County State of Emergency Proclamation and Termination of State
of Emergency in the County of New Hanover Proclamation
BRIEF SUMMARY:
On February 12, 2014 due to the widespread weather forecast for ice resulting in potential power outages and
dangerous road conditions it was determined that a State of Emergency existed in New Hanover County
prompting the chairman to sign into effect the New Hanover County Proclamation of State of Emergency.
On February 17, 2014 having determined that a state of emergency no longer existed in New Hanover
County, the chairman signed into effect the Termination of State of Emergency in the County of New
Hanover Proclamation.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Acknowledge the State of Emergency Proclamation dated February 12, 2014 and the Termination of State of
Emergency Proclamation dated February 17, 2014.
ATTACHMENTS:
State of Emergency Proclamation - February 12, 2014
Termination of State of Emergency Proclamation - February 17, 2014
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - March 10, 2014
ITEM: 2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION OF
STATE OF EMERGENCY
Section 1: Pursuant to New Hanover County Code Chapter 17, Article III, Section 17.71 and Section 17.72, and North
Carolina General Statutes Chapter 166A and Article 36A, Chapter 14, the New Hanover County Board of
Commissioners has determined that a State of Emergency as defined in the New Hanover County Code
Section 17.71 exists in New Hanover County.
Section 2: Therefore, the New Hanover County Board of Commissioners proclaims the existence of a State of
Emergency in New Hanover County.
Section 3: The New Hanover County Board of Commissioners hereby orders all county law enforcement officers,
employees and all emergency management personnel to cooperate in the enforcement and implementation
of the provisions of the county emergency ordinances, which are set forth below.
Section 4: Evacuation. To be announced as necessary.
Section 5: Curfew. To be announced as necessary.
Section 6: No Alcoholic Beverages. To be announced as necessary.
Section 7: No Firearms, Ammunition, or Explosives. To be announced as necessary.
Section 8: Execution of Emergency Plan. All persons and emergency management personnel within New Hanover
County are ordered to comply with the emergency plan.
Section 9: Public Shelters. To be announced as necessary.
Section 10: This proclamation shall become effective immediately.
Adopted this the 12th day of February 2014 ,
I;=* 11 Miriam,
Sheila L. Schult
Clerk to the Board
Board of Commissioners - March 10, 2014
ITEM: 2 - 1 - 1
NEW HAO COUNTY
Woody White
Chairman
BOARD OF COMMISSIONERS
Beth Dawson
Vice - Chairman
230 GOVERNMENT CENTER DRIVE, SUITE 175
Jonathan Barfield, Jr.
WILMINGTON, NC 28403
Commissioner
(91 O) 79 8-7149
Brian Berger
(910) 79 &7145 FAX
Commissioner
WWW.NHCGOV.COM
Thomas Wolfe
Commissioner
Sheila L Schult
Clerk to the Board
it 1
1 I !
WHEREAS, on Wednesday, February 12, 2014 at 12:00 p.m., the New Hanover County Board of
Commissioners determined and proclaimed a local state of emergency for the County of New Hanover;
and
WHEREAS, New Hanover County Board of Commissioners has determined that a state of emergency
no longer exists in the County of New Hanover;
NOW THEREFORE BE IT RESOLVED t the above - referenced proclamation of a local state of
emergency and all of the restrictions and orders therein are hereby terminated effective February 17,
2014 at 12:00 p.m.
Proclaimed this 17`x' day of February, 2014.
New Hanover County is committed to progressive public policy, superior service, courteous contact judicious exercise of
authority, and sound fiscal manoggawt1Ud0vvftdtt0Wds 0dcbr10ra@'bJour citizens today and tomorrow.
Ada iZ1012t?sl
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 10, 2014
CONSENT
DEPARTMENT: Governing Body PRESENTER(S): Chris O'Keefe, Planning & Inspections Director
CONTACT(S): Chris O'Keefe
SUBJECT
Adoption of Resolution Appointing Map Review Officers
BRIEF SUMMARY:
NC General Statute 47 -30.2 authorizes the County to appoint Map Review Officers to examine and approve
plats and maps prior to recordation at the Register of Deeds. A resolution designating a Review Officer must
be recorded in the county registry and indexed on the grantor index in the name of the Review Officer. Due
to changes in staff at both the County and City, the following changes are being requested:
For the unincorporated areas of New Hanover County and the Towns of Carolina Beach, Kure Beach,
and Wrightsville Beach:
• Chris O'Keefe, Planning and Inspections Director
• Sam Burgess, Senior Planner
• Linda E. Painter, Zoning Compliance Official
• Ken Vafier, Current Planning and Zoning Supervisor
• Ben Andrea, Current Planner
• Dan Cronin, Land Records Supervisor
• Dylan McDonnell, Planning Specialist
For the City of Wilmington:
• James A. Diepenbrock, Associate Planner
• John Fullerton, Zoning Administrator
• Jeff Walton, Associate Planner
• Kathryn Thurston, Associate Planner
• Peter J. Brennan, Jr., PLS, Surveyor
• Derek Pielech, City Plan Review Engineer
• Ronald H. Satterfield, Jr., Assistant Planning Director
• Carl H. Farmer, Jr., P.E., Division Engineer
• David E. Cowell, P.E., City Engineer
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution appointing map review officers.
Board of Commissioners - March 10, 2014
ITEM: 3
ATTACHMENTS:
Map Review Officers 2014 Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - March 10, 2014
ITEM: 3
WII!ri 11 AW
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION DESIGNATING STAFF AS MAP REVIEW OFFICERS
WHEREAS, General Statute 47 -30.2 requires that every County appoint one or more Map Review Officers to examine
and approve plats and maps prior to recordation at the Registry of Deeds; and
WHEREAS, a Review Officer must examine and approve plats and maps to ascertain mapping accuracy and
consistency; and
WHEREAS, the City of Wilmington and New Hanover County have requested that the staff listed below be designated
Map Review Officers.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the following
staff be designated as Map Review Officers:
For the unincorporated areas of New Hanover County and the Towns of Carolina Beach, Kure Beach, and
Wrightsville Beach:
• Chris O'Keefe, Planning and Inspections Director
• Sam Burgess, Senior Planner
• Linda E. Painter, Zoning Compliance Official
• Ken Vafier, Current Planning and Zoning Supervisor
• Ben Andrea, Current Planner
• Dan Cronin, Land Records Supervisor
• Dylan McDonnell, Planning Specialist
For the City of Wilmington:
• James A. Diepenbrock, Associate Planner
• John Fullerton, Zoning Administrator
• Jeff Walton, Associate Planner
• Kathryn Thurston, Associate Planner
• Peter J. Brennan, Jr., PLS, Surveyor
• Derek Pielech, City Plan Review Engineer
• Ronald H. Satterfield, Jr., Assistant Planning Director
• Carl H. Farmer, Jr., P.E., Division Engineer
• David E. Cowell, P.E., City Engineer
ADOPTED this the 10th day of March, 2014.
NEW HANOVER COUNTY
Woody White, Chairman
Sheila L. Schult, Clerk to the Board
New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of
authority, and sound fiscal MWQbA0er +%W our citizens today and tomorrow.
Ad Wd1/2bf2b11
woody white
NEW HANOVER COUNTY
Chairman
BOARD OF COMMISSIONERS
Beth Dawson
Vice -Chair
230 GOVERNMENT CENTER DRIVE, SUITE 175
Jonathan Barfield, Jr.
WILMINGTON, NC 28403
Commissioner
(91 O) 798 -7149
Thomas Wolfe
(91 O) 798 -7145 FAX
Commissioner
Brian Berger
WWW.NHCGOV.COM
Commissioner
Sheila L. Schult
Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION DESIGNATING STAFF AS MAP REVIEW OFFICERS
WHEREAS, General Statute 47 -30.2 requires that every County appoint one or more Map Review Officers to examine
and approve plats and maps prior to recordation at the Registry of Deeds; and
WHEREAS, a Review Officer must examine and approve plats and maps to ascertain mapping accuracy and
consistency; and
WHEREAS, the City of Wilmington and New Hanover County have requested that the staff listed below be designated
Map Review Officers.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the following
staff be designated as Map Review Officers:
For the unincorporated areas of New Hanover County and the Towns of Carolina Beach, Kure Beach, and
Wrightsville Beach:
• Chris O'Keefe, Planning and Inspections Director
• Sam Burgess, Senior Planner
• Linda E. Painter, Zoning Compliance Official
• Ken Vafier, Current Planning and Zoning Supervisor
• Ben Andrea, Current Planner
• Dan Cronin, Land Records Supervisor
• Dylan McDonnell, Planning Specialist
For the City of Wilmington:
• James A. Diepenbrock, Associate Planner
• John Fullerton, Zoning Administrator
• Jeff Walton, Associate Planner
• Kathryn Thurston, Associate Planner
• Peter J. Brennan, Jr., PLS, Surveyor
• Derek Pielech, City Plan Review Engineer
• Ronald H. Satterfield, Jr., Assistant Planning Director
• Carl H. Farmer, Jr., P.E., Division Engineer
• David E. Cowell, P.E., City Engineer
ADOPTED this the 10th day of March, 2014.
NEW HANOVER COUNTY
Woody White, Chairman
Sheila L. Schult, Clerk to the Board
New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of
authority, and sound fiscal MWQbA0er +%W our citizens today and tomorrow.
Ad Wd1/2bf2b11
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 10, 2014
CONSENT
DEPARTMENT: PRESENTER(S): Michelle Harrell, Collector of Revenue
CONTACT(S): Michelle Harrell
SUBJECT
Approval of January 2014 Tax Collection Reports
BRIEF SUMMARY:
Tax collection reports for the month of January 2014 are submitted for approval.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the reports.
ATTACHMENTS:
January 2014 Collection Report
January 2014 Fire District Collection Report
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - March 10, 2014
ITEM: 4
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 10, 2014
CONSENT
DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin
SUBJECT
Adoption of Budget Amendment
BRIEF SUMMARY:
The following budget amendment amends the annual budget ordinance for the fiscal year ending June 30,
2014:
14 -056 - Library
STRATEGIC PLAN ALIGNMENT:
Strong Financial Performance
• Control costs and manage to the budget
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinance for the budget amendment listed.
ATTACHMENTS:
B/A 14 -056
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - March 10, 2014
ITEM: 5
AGENDA: March 10, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET
BY BUDGET AMENDMENT 14 - 056
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 14 -056 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): Provide health / wellness education, programs, and services
Support programs to improve educational performance
Fund: General
Department: Library
Expenditure:
Decrease
Increase
Library
$8,280
Total
$0
$8,280
Revenue:
Decrease
Increase
Library - Smart Start
$8,280
Total
$0
$8,280
Section 2: Explanation
Smart Start of New Hanover County has awarded a Reach Out and Read grant to the Library in the amount of
S8,280. Reach Out and Read is a national evidence -based model that promotes early literacy. The mission is
to make early literacy a standard part of pediatric primary care with a special emphasis on children who grow
up in low- income communities. The funds will be used for program staff wages and benefits, as well as
program supplies. The grant does not require a County match.
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 -056, amending the annual budget
ordinance for the fiscal year ending June 30, 2014, is adopted.
Adopted, this 10th day of March, 2014.
(SEAL)
Woody White, Chairman
ATTEST:
Sheila L. Schutt, Clerk to the Board
Board of Commissioners - March 10, 2014
ITEM: 5 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 10, 2014
REGULAR
DEPARTMENT: County Manager PRESENTER(S): Rebecca Taylor, Girl Scouts, North Carolina
Coastal Pines
CONTACT(S): Chris Coudriet, County Manager
SUBJECT
Consideration of Girl Scout Week Proclamation
BRIEF SUMMARY:
Rebecca Taylor has submitted a proclamation for the Board's consideration to recognize the week of the
week of March 10, 2014 as Girl Scout Week in New Hanover County. Ms. Taylor plans to attend the
meeting with Girl Scouts to receive the proclamation.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Girl Scout Week Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - March 10, 2014
ITEM: 6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
GIRL SCOUT WEEK PROCLAMATION
WHEREAS, March 12, 2014, marks the 102nd anniversary of Girl Scouts of the USA, founded
by Juliette Gordon Low in 1912 in Savannah, Georgia; and
WHEREAS, throughout its distinguished history, Girl Scouting has inspired millions of girls
and women with the highest ideals of courage, confidence, and character; and
WHEREAS, through the Girl Scout leadership experience girls develop the skills and lessons
that will serve them a lifetime so that they may contribute to their communities; and
WHEREAS, Girl Scouting takes an active role in increasing girls' awareness of the
opportunities available to them today in math, science, sports, technology and other fields that
can expand their horizons; and
WHEREAS, Girl Scouts has shaped the lives of 53 percent of female senior executives and
business owners, 60 percent of women in Congress, and virtually every female astronaut; and
WHEREAS, more than 3 million current Girl Scout members nationwide will be celebrating
102 years of this American tradition, with nearly 50 million women who are former Girl Scouts
and living proof of the impact of this amazing movement; and
WHEREAS, in partnership with more than 10,000 adult volunteers, Girl Scouts — North
Carolina Coastal Pines serves more than 35,000 girl members in 41 central and eastern North
Carolina counties, including over 800 girls, and 380 adults making up 95 troops in New Hanover
County.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that the Board applauds the commitment Girl Scouting has made to support the
leadership development of girls and that the week of March 9 - 15, 2014 be recognized as "Girl
Scout Week" in New Hanover County.
ADOPTED this the 10th day of March, 2014.
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners - March 10, 2014
ITEM: 6 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 10, 2014
REGULAR
DEPARTMENT: PRESENTER(S): Warren Lee, Emergency Management/911
Director and Joe Suleyman, Environmental Management Director
CONTACT(S): Warren Lee and Joe Suleyman
SUBJECT
Winter Storm Debrief and Update
BRIEF SUMMARY:
Staff will provide a winter storm debrief and update per Chairman White's request at his press conference on
February 14, 2014. Warren Lee will provide the winter storm debrief and Joe Suleyman will provide an
update on debris removal.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners - March 10, 2014
ITEM: 7
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 10, 2014
REGULAR
DEPARTMENT: PRESENTER(S): Benjamin Andrea, Current Planner (PB Rep: Lisa
Mesler)
CONTACT(S): Kenneth Vafier, Planning & Zoning Supervisor and Chris O'Keefe, Planning & Inspections
Director
SUBJECT
Public Hearing
Special Use Permit Request (S-617,1/14) — Request by ACl Pine Ridge, LLC to Develop a Mixed Use
Development on a 37.9 -Acre Parcel Located at the 100 Block of Porters Neck Road
BRIEF SUMMARY:
ACI Pine Ridge, LLC, applicant and owner, is requesting a Special Use Permit for residential uses within the
B -1 zoning district as part of a mixed use development containing 273 multifamily residential units within 13
buildings, four residential parking garages, a clubhouse and associated amenities for the residential units, and
40,000 square feet of non - residential uses including "retail, restaurants, hotel, and shops" within 5 separate
buildings.
The applicant has demonstrated that the proposal meets Section 72 -38 of the Zoning Ordinance. Staff
concludes that, with the information submitted, the applicant has demonstrated that the proposal is consistent
with the applicable policies of the CAMA Land Use Plan, as well as consistent with the management
strategies for Transition and Wetland Resource Protection land use classifications.
The property is currently zoned B -1, Business District, and classified as Transition and Wetland Resource
Protection Area according to the 2006 CAMA Land Use Plan.
At their February 6, 2014 meeting, the Planning Board voted 6 -0 to recommend approval of the special use
permit.
No one from the public spoke in support of the request. Three people spoke in opposition to the special use
permit, citing concerns about traffic congestion and runoff into nearby wetlands.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of the special use permit.
Note: A Special Use Permit is a quasi-judicial action requiring an evidentiary hearing and findings of fact.
Board of Commissioners - March 10, 2014
ITEM: 8
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, such as lack of consistency
with adopted plans or determination that the project will pose public hazards or will not adequately
meet requirements of the ordinance.
Staff suggests the following motion:
Motion for approval of the Special Use Permit as requested.
ATTACHMENTS:
S -617 Script
S -617 Staff Summary
S -617 Petition Summary
S -617 Neighbor Properties Map
S -617 Zoning Map
S -617 Proposed Site Plan Cover Sheet
S -617 Proposed Site Plan
S -617 Applicant Materials Cover Sheet
S -617 Application
S -617 Project Narrative
S -617 Concept Plan
S -617 Pedestrian Plan
S -617 Building Elevation
S -617 Lighting Plan
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval as presented by staff.
COMMISSIONERS' ACTIONS:
The item was continued at the request of the petitioner until June 16, 2014.
Board of Commissioners - March 10, 2014
ITEM: 8
ITEM#
SCRIPT FOR SPECIAL USE PERMIT S -617, 1/14
Request by ACI Pine Ridge LLC to develop a mixed use development on a 37.9 acre parcel
located at the 100 block of Porters Neck Road. The property is currently zoned B -1, Business
District, and classified as Transition and Wetland 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. Commissioners 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.
ElMotion to table item to obtain additional information.
Motion to grant the permit - All findings are positive.
❑ Motion to grant, subject to conditions specified below:
(State Conditions)
❑ Motion to deny because, if completed as proposed, the development more
probably than not:
a. Will endanger the public health or safety for the following reasons:
b. 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 - March 10, 2014
ITEM: 8 - 1 - 1
SPECIAL USE PERMIT
5 -617, 1/14: Request for a Special Use Permit to develop a mixed use development on a
37.9 acre parcel located in a B -1 Business District.
Request By: ACI Pine Ridge, LLC
Location: 100 block of Porters Neck Road, near intersection of Market Street and
Porters Neck Road
PIDs: R02800- 001 - 178 -000, R02800- 001 - 179 -000, R02800- 001 - 180 -000,
R02800- 001 - 177 -000, R02800- 001 - 181 -000, R02800- 001 - 185 -000
R02800- 001 - 184 -000
History of Subject and Surrounding Properties
In July 2005, an application was submitted by the then - current property owner requesting a
general use rezoning from R -15, Residential District, to B -1, Neighborhood Business District, for
three parcels totaling 24.23 acres and comprising a portion of the current subject property.
Upon learning of the rezoning request, several adjacent property owners also petitioned to join
the request, adding an additional seven parcels totaling 25.26 acres to the rezoning
consideration. On August 4, 2005, the Planning Board voted 6 -0 to recommend approval of the
rezoning of all of the parcels totaling approximately 50 acres from R -15, Residential District, to
B -1, Neighborhood Business District. On September 6, 2005, the Board of Commissioners
passed a motion to approve the rezoning request, with the effective date of the zoning change
of the approximate 50 acres coinciding with the opening of the I -140 Wilmington Bypass near
the site. The approximate 50 acres subject to the above rezoning included the 37.9 acres
subject to the current Special Use Permit, as well as a significant area that was subject to
another rezoning.
On September 4, 2007, the Board of Commissioners voted unanimously (5 -0) to pass a motion
to approve with conditions the rezoning of approximately 16.2 acres from B -1, Neighborhood
Business, to CD(B -2), Conditional Highway Business District. The approval of this rezoning
permitted the Lowes Home Improvement store, parking area, stormwater management
features, and the access road from Market Street into the site as depicted on the site plan
which accompanied the rezoning request.
The Lowes Home Improvement store comprised a portion of the overall concept for Porters
Neck Crossing, which was originally envisioned as a retail development to also include an
additional 120,000 square ft. general retail store and 181,000 square ft. of miscellaneous retail
use. A traffic impact analysis was conducted in 2007 for the initial Porters Neck Crossing
concept, and subsequent improvements for access, circulation drives, stormwater management
features, and utilities were installed to support the initial concept and now serve the Lowes
Home Improvement store. However, aside from the infrastructure improvements, no
S -617, (1/14)
Board of Commissioners - March 10, 2014
ITEM: 8 - 2 - 1
Page 1
approvals from New Hanover
County were previously obtained
for any development of the 37.9
acre portion of the Porters Neck
Crossing project subject to the
current request.
Summary of Request
Access to the site will be provided by an extension to the existing segment of Porters Neck Road
that connects directly to Market Street, and also an existing access connection to the existing
shopping center to the south of the property. An updated traffic impact analysis was provided
by the applicant that evaluated the effect of the current proposal versus the full retail proposal
from 2007, which recommended the access and intersection improvements that were installed
during the development of Lowes Home Improvement. The updated analysis indicates that
peak traffic generation from the current proposal is significantly less than the traffic that was to
be generated from the original proposal, and as such, the already installed improvements are
sufficient to accommodate the current proposal.
The Wilmington Metropolitan Planning Organization performed a traffic count in the area from
Monday, April 29, 2013 to Thursday, May 1, 2013. The count showed that in the vicinity of the
site, Market Street had an average daily volume of 34,557. With a design capacity of 43,700
vehicles per day, this represents a volume to capacity ration of 0.79 and a level of service of
„p„
S -617, (1/14) Page 2
Board of Commissioners - March 10, 2014
ITEM: 8 - 2 - 2
Water and sewer lines were
extended to the site during the
development of the Lowes Home
Improvement Store, but will need
to be extended to further serve the
project. Water and sewer
allocations are reserved by
agreements with CFPUA.
The subject property is classified as
Transition Area and Wetland
Resource Protection Area
according to the 2006 CAMA Land
Use Plan. According to the Plan,
the purpose of the Transition
classification is to provide for
future intensive urban
development on lands that have
been or will be provided with
necessary urban services.
The Wetland Resource Protection
subclass of the Resource
Protection Classification is situated
primarily in the northeastern part of the county. The impact from which protection is needed is
loss of wetland areas due to development. The primary resource protection strategies focus on
encouraging preservation of wetlands and wetland functions.
In harmony with the wetland resource protection strategies, stormwater from the development
will be controlled with a combination of techniques. Two large stormwater detention ponds
are currently permitted and installed on the subject site; these ponds were designed to capture
the stormwater runoff from the existing Lowes Home Improvement store and the subject site.
In addition to the existing stormwater features, an additional detention pond is proposed for
the northern end of the site which will work in harmony with some additional low impact
development stormwater management features including bioretention areas, areas of pervious
pavement, and directing rooftop runoff to landscaped areas. In total, the revised stormwater
management plan will exceed NC DENR standards, mitigating the potential for indirect impacts
to the adjacent wetlands. No direct impacts are proposed to any wetland areas on the site,
which are represented on a valid delineation that has been approved by the US Army Corps of
Engineers.
S -617, (1/14)
Board of Commissioners - March 10, 2014
ITEM: 8 - 2 - 3
Page 3
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 infrastructure and capacity are available to serve the site.
B. The subject property is located in the New Hanover County North Fire Service District.
C. A traffic count was conducted from Monday, April 29, 2013 to Thursday, May 1, 2013
and showed that in the vicinity of the site, Market Street had an average daily volume of
34,557. With a design capacity of 43,700 vehicles per day, this represents a volume to
capacity ration of 0.79 and a level of service of "D ". The project will result in
approximately 176 AM peak hour trips and 264 PM peak hour trips. Access and
circulation improvements installed to as the Lowes Home Improvement store was
developed are sufficient to serve the proposed project.
D. The subject site does not host any known cultural or archaeological resources.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not
materially endanger the public health or safety where proposed.
Finding 2: The Board must find that the use meets all required conditions and specifications
of the Zoning Ordinance.
A. Dwelling units for residential uses are allowed by Special Use Permit in the B -1 zoning
district provided that the project meets the standards of Section 72 -38 of the Zoning
Ordinance.
B. Section 72 -38(1) of the Zoning Ordinance requires that such dwelling units are part of a
mixed use development established to provide innovative opportunities for an
integration of diverse but compatible uses into a single development that is unified by
distinguishable design features with amenities and walkways to increase pedestrian
activity. A conceptual pedestrian facilities plan has been submitted that indicates the
proposed locations and cross section of the sidewalks.
C. Section 72 -38(1) requires that such a development shall be in single ownership or
unified control of a property owners association. The application narrative states that
the property will be encumbered by covenants, conditions, and restrictions to assure
conformance with the approved plan.
D. Section 72 -38(2) requires that the uses in such a development are restricted to
residential and B -1 business uses. A definitive list of proposed uses has not been
provided.
E. A conceptual elevation has been provided that indicates the proposed architecture
pursuant to Section 72- 38(3).
F. Section 72 -38(5) requires that the location and quantity of parking in such a
development should be shared. General areas proposed for parking have been depicted
S -617, (1/14)
Board of Commissioners - March 10, 2014
ITEM: 8 - 2 - 4
Page 4
on the site plan and the application indicates that approximately 800 spaces shall be
provided.
G. A conceptual lighting plan has been provided as required per Section 72- 38(7).
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.
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 is a mixed use development and which will meet all applicable
landscaping and buffering requirements set forth in the Zoning Ordinance.
B. Similar residential and non - residential uses exist on the Market Street corridor in the
vicinity of the subject site.
C. No evidence has been submitted that this project will decrease the 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 a B -1, Business District; residential uses are permitted
in B -1 provided that they are part of a mixed use development pursuant to Section 72-
38 of the Zoning Ordinance.
B. The 2006 Wilmington -New Hanover County CAMA Land Use Plan classifies the subject
site as Wetland Resource Protection and Transition land use classifications and the
proposal is consistent with the intents of those land use classifications.
C. Policy 3.14 of the Plan encourages development away from exceptional and substantial
wetlands and other sensitive areas by allowing greater design flexibility in cluster
development and other alternative development types. The project as proposed avoids
direct impacts to wetlands and preserves their function through stormwater control
measures. In order to ensure the preservation and perpetual function of the substantial
areas of wetlands on the subject property, a preservation easement is suggested.
D. Policy 4.31 of the Plan suggests appropriate siting of commercial uses in proximity to
markets they serve and ensuring that such commercial uses do not diminish the quality
of life in nearby residential areas. Specifically, Implementation Strategy 4.3.6 states to
locate commercial centers to provide community level service at key intersections or on
major thoroughfares with appropriate performance and design requirements. The
location of the project is at nexus of the I -140 Wilmington Bypass, Market Street /US
Highway 17 North, and Porters Neck Road.
S -617, (1/14)
Board of Commissioners - March 10, 2014
ITEM: 8 - 2 - 5
Page 5
E. Policy 5.1 of the Plan encourages mixed use and higher density development within the
urban services area to maximize benefits from available infrastructure. Although the
subject site is outside of the adopted Urban Services Boundary, utility improvements
with capacity to serve the proposal were designed and installed prior the adoption of
the Urban Services Boundary.
F. The mixed use projects referred to in Policy 5.1 should also preserve natural resources
and reduce dependence on the automobile. The proposal avoids any direct impact to
wetland areas and features residential and non - residential uses within walking distance
from each other and will integrate sidewalks and other amenities to encourage
pedestrian activity.
Staff Suggestion: Evidence in the record at this time supports a finding that the use is general
conformity with the plan of development for New Hanover County.
SUMMARY
Staff concludes that the applicant has demonstrated that the proposal meets Section 72 -38 of
the Zoning Ordinance. Staff concludes that, with the information submitted, the applicant has
demonstrated that the proposal is consistent with the applicable policies of the CAMA Land Use
Plan, as well as consistent with the management strategies for Transition and Wetland
Resource Protection land use classifications.
At their February 6, 2014 meeting, the New Hanover County Planning Board voted unanimously
(6 -0) to pass a motion recommending approval of the request. Several members of the public
spoke in opposition to the project citing concerns about traffic congestion. No members of the
public spoke in support of the request at the Planning Board meeting.
Note: A Special Use Permit is a quasi - judicial action requiring an evidentiary hearing and
findings of fact.
ACTION NEEDED (Choose one):
1. Motion for Approval (with or without conditions)
2. Motion to table the item in order to receive additional information or documentation
(Specify).
3. Motion for Denial based on specific findings in any of the 4 categories above, such as
lack of consistency with adopted plans or determination that the project will pose
public hazards or will not adequately meet requirements of the ordinance.
Staff suggests the following motion:
Motion for approval of the Special Use Permit as requested.
S -617, (1/14)
Board of Commissioners - March 10, 2014
ITEM: 8 - 2 - 6
Page 6
Case S -617, (1/14)
Special Use Permit Request for mixed use development in B -1 Zoning District
Petition Summary Data
Parcel Location & Acreage: Near Porters Neck Road, adjacent to existing Lowes Home Improvement
Fire District: New Hanover County North
Watershed & Water Qualit
Classification: Greenview Watershed (Drains to Cape Fear River), (C;Sw)
Conservation /Historic/
Archaeological Resources: Approximately 26 acres of wetlands
Soils and Septic Suitability: Lynn Haven Fine Sand (Ly) — Severe: Wetness
Leon Sand (Le) — Severe: Wetness
Murville Fine Sand (Mu) — Severe: Wetness /Flooding
Rimini Sand — 1 to 6 Percent Slopes (Rm) — Slight
Flood Hazard Areas: None
Schools: Blair Elementary, Holly Shelter Middle, Laney High
S-617,1/14 Page 1
Board of Commissioners - March 10, 2014
ITEM: 8 - 3 - 1
Store, 37.90 acres
Owner /Petitioner:
ACI Pine Ridge, LLC
Existing Land Use:
Vacant /Undeveloped
Zoning History:
Area 5 (July 7, 1972), Area 8B (July 6, 1972)
Land Classification:
Wetland Resource Protection /Transition
Water Type:
Public
Sewer Type:
Public
Recreation Area:
Ogden Park
Access & Traffic Volume:
Average Daily Trips (ADT) on Market Street near the vicinity of the
subject site in April /May 2013 were 34,557, representing a Level of
Service (LOS) of "D ".
Fire District: New Hanover County North
Watershed & Water Qualit
Classification: Greenview Watershed (Drains to Cape Fear River), (C;Sw)
Conservation /Historic/
Archaeological Resources: Approximately 26 acres of wetlands
Soils and Septic Suitability: Lynn Haven Fine Sand (Ly) — Severe: Wetness
Leon Sand (Le) — Severe: Wetness
Murville Fine Sand (Mu) — Severe: Wetness /Flooding
Rimini Sand — 1 to 6 Percent Slopes (Rm) — Slight
Flood Hazard Areas: None
Schools: Blair Elementary, Holly Shelter Middle, Laney High
S-617,1/14 Page 1
Board of Commissioners - March 10, 2014
ITEM: 8 - 3 - 1
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Board of Commissioners - March 10, 2014
ITEM: 8 - 4 - 1
ITEM: 8 - 5 - 1
PROPOSED
SITE PLAN
Board of Commissioners - March 10, 2014
ITEM: 8 - 6 - 1
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APPLICANT
MATERIALS
Board of Commissioners - March 10, 2014
ITEM: 8 - 8 - 1
ry: NEW HANOVER COUNTY
PLANNING & INSPECTIONS
eta
DEPARTMENT
}
SPECIAL USE PERMIT
' APPLICATION 9 --fol l
230 Government Center Drive
Suite 110
Wilmington, NC 28403
910- 798 -7165 phone
910 -798 -7053 fax
www.nhegov.com
Petitioner Information
Property Owner(s)
Subject Property
`�
Tf different than Petitioner
Naaa�e
Owner Name
Address
Mr. Names A. Black, Jr,
_
Multiple, See Attachrrent
Company
Owner Name 2
.Parcel ID
ACI Pine Ridge, LLC
Multiple, See Attac;h?nerrt
Address
Address
Area
1400 west Northwood St.
37.90 Acres
City, State, Zip
City, State,'Zip
Existing Zoning and Use
Greenshoro, NC 27408
B -1, Vacant
Phone
Phone
Proposed Use
(336) 3133 -5901
Mixed Use Development
Email
Email
band Classification
jimmy @allianrecompanies.com
558- Unused Land
SUBMISSION RWUIRENIENTS
PLEASE READ SECTIONS 70 and 71 of the Zoning Ordinance prior to submission. For high density residential projects,
please also refer to the High Density application and also note the proposal must be reviewed by the `.Technical Review
Committee prior to submission for consideration by the Planning Board.
Applications MUST be reviewed by Planning & Zoning staff for completeness prior to acceptance. When Special Use Permits
are required for uses more or less accessory to a residential use (i.e., in -home child daycare) or for single -wide mobile homes as
required, a fee of $150.00 is required. All other Special Use Permits require a fee of $400.00. This fee, payable to New Hanover
County, MUST accompany this petition.
1. No application will be accepted unless accompanied by a plan of the proposed use and lot drawn to scale to be
used as evidence in support of the required findings of fact (outlined on page 2 of this application). If submitting
plans larger than 11x17, please provide ten (10) copies for the Planning Board meeting. You will be asked for an additional thirteen
(13) copies of your site plan if your proposal moves forward to the County Commissioners. Also, please include one (1) reduced
copy of the site plan. Digital submission may be substituted when accurate scaling can be assured.
The following supplemental information is required:
I One copy of current tax reap
2 Narrative of proposed use
3 Adjacent property owners and uses
4 Traffic Impact Analysis (if applicable)
5 Site PIan (Ref. Site Plan Checklist) and signed site plan checklist
6 Authority for appointment of agent form (The owner or an attorney must handle the case)
7 Applicant answers to the questions on the application
Note: Applicants should refer to Article 6 & 7 of the Zoning Ordinance for additional requirements for specific uses. The
Planning & Zoning, Planning Board, and/or Board of County Commissioners reserve the right to require additional
information if needed to assure that the use in its proposed location will be harmonious with the area and in accordance with
the Zoning Ordinance of the County of New Hanover,
Page 1 of 4
SUP (4/10)
Board of Commissioners - March 10, 2014
REVIEW PROCEDURES
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 an
the permit application in a quasi - judicial public hearing.
Complete petitions and all supplementary information 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,
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.
Applications for single- family dwellings, including mobile homes, on individual lots must be accepted by Planning & Zoning
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 Permit
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. Udder 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."
All appropriate approvals will be obtained concerning water, sewer, traffic, etc. No wetlands
distrubance is proposed. The propsed development will not materially endanger the public health or
safety.
General Requirement #2
The Board must find "that the use meets all required conditions and specifications" of the Zoning Ordinance ",
The proposed use is planned to conform with all requirements of the New Hanover County Zoning
Ordinance.
Page 2 of 4
SUP (4 /I0)
Board of Commissioners - March 10, 2014
_ ITEM: 8 - 9-22_
General Requirement #3
The Board must find "that the use will not substantially injure the value of adjoining or abutting property or that the use is a
public necessity."
The property was rezoned a few years ago, replatted and planned for future development. The
proposed development will be in harmony with adjoining uses and will not substantially injure the
value of adjoining properties.
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."
Both residential and commercial uses are located adjacent to the proposed mixed use development.
The propose development is essentially an expansion of adjoining uses and will be in harmony with
the area.
Page 3 of 4
SUP (4/10)
Board of Commissioners - March 10, 2014
SITE PLAN CHECKLIST
Check each item to confirm that is included. Application will not be deemed complete without addressing each item.
Lin Tract boundaries and total area, plus location of adjoining land parcels and roadways.
Existing zoning of the tract and neighboring parcels and proposed tract zoning.
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 and /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.
Development schedule including proposed phasing.
Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -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 signage.
The one hundred (100) year ftoodplain line, if applicable
Location and sizing of trees required to be protected under Section 67 of the Zoning Ordinance,
Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the
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,
ZAny other information that will facilitate review of the proposed change (See Article Vll).
The Zoning Ordinance in some instances also imposes additional specific requirements on the use requested by the
applicant. The applicant should be prepared to demonstrate that the proposed use would comply with each specific
requirement found in Section 72, additional restrictions imposed on certain special uses (as applicable). He /She should
also demonstrate that the land would be used in a manner consistent with the plans and policies of New Hanover
County. The Board of Commissioners may impose additional conditions and restrictions that they deem appropriate
prior to the issuing of the Special Use Permit. I certify that this application is complete and that all of the information
presented in this application is accurate to the best of my knowledge, information, and belief.
Page 4 of 4
James A. Slack, Jr.
Print Name
SUP (4/10)
Board of Commissioners - March 10, 2014
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 10, 2014
REGULAR
DEPARTMENT: PRESENTER(S): Kenneth Vafier, Current Planning & Zoning
Supervisor (PB Rep: Lisa Mesler)
CONTACT(S): Chris O'Keefe, Planning & Inspections Director
SUBJECT
Public Hearing
Zoning Ordinance Text Amendment (A -418, 2/14) - Request by Staff to Amend Section 23: Definitions,
Section 61.4: Traffic Impact Analysis, Section 121: Filing and Notice for an Appeal, Section 122:
Powers and Duties of the Zoning Board of Adjustment to Address Inconsistencies in the Ordinance as
a Result of Legislation Passed During the 2013 North Carolina Legislative Session
BRIEF SUMMARY:
NC General Statute 153A -340, which became effective on October 1, 2013, provides that a city or county
zoning or unified development ordinance may not differentiate between those fraternities and sororities that
are approved or recognized by a college or university and those that are not.
House Bill 276, which became effective on October 1, 2013, makes changes to several statutes to modernize
and clarify certain Board of Adjustment requirements related to public notice, filing of appeals, voting
majorities, and findings of fact.
As a result of this legislation, staff proposes amendments to 6 separate provisions of the Zoning Ordinance
which will bring it into compliance with these laws.
At their February 6, 2014 meeting, the Planning Board voted 6 -0 to recommend approval of the text
amendment.
No one from the public spoke in support or in opposition of the text amendment.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of the text amendment.
ATTACHMENTS:
A -418 Script
A -418 Legislative Changes Text Amendment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
Board of Commissioners - March 10, 2014
ITEM: 9
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - March 10, 2014
ITEM: 9
ITEM #
SCRIPT FOR ZONING ORDINANCE TEXT AMENDMENT A-418,2/14
REQUEST BY STAFF TO AMEND SECTION 23: DEFINITIONS, SECTION 61.4:
TRAFFIC IMPACT ANALYSIS, SECTION 121: FILING AND NOTICE FOR AN
APPEAL, SECTION 122: POWERS AND DUTIES OF THE ZONING BOARD OF
ADJUSTMENT TO ADDRESS INCONSISTENCIES IN THE ORDINANCE AS A
RESULT OF LEGISLATION PASSED DURING THE 2013 NORTH CAROLINA
LEGISLATIVE SESSION.
CHAIRMAN
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 - March 10, 2014
ITEM: 9 - 1 - 1
A -418 AMENDMENT TO THE NEW HANOVER COUNTY ZONING ORDINANCE
APPLICANT: STAFF
Staff proposes to amend Sections 23, 121, 61.4, and 122 of the Zoning Ordinance to align
these sections with North Carolina General Statutes that became effective as a result of the
2013 North Carolina Legislative Session. Proposed additions are in red and underline.
Proposed deletions are in
New Hanover County Zoning Ordinance
Article II, Section 23: Definitions
Fraternities /Sororities Residential - A building or structure occupied and maintained for
residential uses exclusively for college or university students who are members of a social,
honorary, or professional organization which is chartered by a national, fraternal or sororal order
ci- 4 4 44i -era. (6/18/90) (23 -93)
Section 121: Filing and Notice for an Appeal
121 -3: Notice - At least one (1) week prior to the date of the hearing, the zoning administrator
shall furnish LILe �1�1'an t and all property owners of the subject tract and property owners
within 500 feet of the subject tract with written notice of the hearing. All tenants of the subject
tract and parcels within 500 feet of the subject tract will be notified where practicable. (11/13/12)
Notice of Public Hearing shall be published once a week for two (2) successive calendar weeks
in the local newspaper. Public notice sa�l"� also be posted on the property concerned
indicating the proposed change and date of public hearing.
Section 121: Filing and Notice for an Appeal
121 -1: Appeals from the enforcement and interpretation of this Ordinance and appeals for
variances may be taken to the Board of Adjustment by any person aggrieved or by any office,
department, board or bureau of the County affected. Notice of an appeal to the Board of
Adjustment shall be filed with the zoning administrator �,-�� b6r t a61 °ter € 0' da-, of i- Lt 110
ddecgkjoni. An appeal stays all proceedings in furtherance of action appealed from, unless the
zoning administrator files a Certificate stating that by reasons of facts stated in the Certificate a
stay would, in his opinion, interfere with enforcement of the Ordinance because the violation is
transitory in nature, or would cause imminent peril to life and property. The zoning administrator
shall have one (1) copy of said certificate delivered by registered mail or by personal service to
the appellant and to each member of the Board within ten (10) calendar days from the date the
appeal is filed with the zoning administrator. The Certificate shall also be placed on file in the
Office of the zoning administrator for public inspection and recorded in the minutes of the next
meeting of the Board. Where said Certificate is filed by the zoning administrator, proceedings in
furtherance of the original order shall not be stayed otherwise than by restraining order which
may be granted by a court of record within New Hanover County.
A -418 Page 1
Board of Commissioners - March 10, 2014
ITEM: 9 - 2 - 1
Section 61.4: Traffic Impact Analysis
Appeals - Within t "0 working days of a decision on required mitigation measures, an
applicant may appeal the decision through the Board of Adjustment in the form of a letter stating
the reasons for appeal and including documentation in support of the appeal. In hearing disputes,
the Board of Adjustment may request an independent study by an outside source, chosen by the
County and paid for by the applicant, to resolve questions of traffic impact and appropriate
mitigation thereof.
Section 122: Powers and Duties
122 -1: The Zoning Board of Adjustment shall have the following powers and duties:
(1) To hear and decide appeals where it is alleged by the appellant that there is error in
any decision made by the zoning administrator or other administrative officials in the
carrying out or enforcement of any provision of the Ordinance. A�-1
IjLqj� of the members of the Board shall be necessary to reverse,
wholly, or partly, any such decision. Vacant seats and disqualified members are not
considered in calculating 4;-rt � a ` > °' tv
COUNTY OF NEW HANOVER, NORTH CAROLINA
ORDER GRANTING / DENYING A VARIANCE
The Board of Adjustment for the County of New Hanover, having held a public
hearing on (date) to consider application number, submitted by (name of applicant),
a request for a variance to use the property located at (address of property) in a
manner not permissible under the literal terms of the ordinance, and having heard
all the evidence and arguments presented at the hearing, makes the following
FINDINGS OF FACT and draws the following CONCLUSIONS;
1. It is the Board's CONCLUSION that, if the applicant complies with the literal terms of the
ordinance, specifically section(s), he (can /cannot) secure a
reasonable return from -- a ?ti— phis property. This conclusion is based on the
following FINDINGS OF FACT:
A -418 Page 2
Board of Commissioners - March 10, 2014
ITEM: 9 - 2 - 2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 10, 2014
REGULAR
DEPARTMENT: County Manager PRESENTER(S): Beth Schrader, Strategy & Policy Manager
CONTACT(S): Beth Schrader and Kemp Burpeau, Deputy County Attorney
SUBJECT
Consideration of Amendments Required to Bring New Hanover County Code Into Alignment with
Changes to the General Statutes enacted during the 2013 North Carolina Legislative Session
BRIEF SUMMARY:
Parks
N.C. General Statute 14- 415.23, which became effective October 1, 2013, clarifies the places where a unit of
local government may prohibit the carrying of a concealed handgun by posting appropriate notice.
Specifically the law excludes playgrounds and greenways, and limits the ability to prohibit carrying a
concealed weapon on an athletic field to only include during events. The proposed amendment to New
Hanover County Code, Chapter 41, Parks and Recreation, Section 41 -1, Prohibited Activities, Section 19
would change the existing language to conform with the new language in the state law.
Fee Schedule Change
Environmental Health Limited Food Service Establishment Permit Fee
N.C. General Statute G.S. 130A- 248(d2) adds a mandatory fee to be collected by North Carolina counties for
Limited Food Service Establishments set at $75. The new section reads as follows:
(i.S.130A- 248(d2): A local health department shall charge each temporary food establishment and each
limited food services establishment a fee of seventy -five dollars ($75.00) for each permit issued. A local
health department shall use all fees collected under this subsection for local food, lodging, and institution
sanitation programs and activities.
The estimated maximum total annual revenue from this new fee is $1,875. The Health Director is authorized
to approve any fee changes that do not exceed $5,000 in annual revenue and report these changes to the
Board of Health. The Health Director has done so and reported the change to the Board of Health at its
meeting on Wednesday, January 8, 2014.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of the proposed amendment/ fee schedule change.
Board of Commissioners - March 10, 2014
ITEM: 10
ATTACHMENTS:
Ordinance
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - March 10, 2014
ITEM: 10
AN ORDINANCE
OF THE
BOARD OF COUNTY COMMISSIONERS
OF
NEW HANOVER COUNTY
The Board of County Commissioners of New Hanover County hereby Ordains and Decrees that
the New Hanover County Code, Chapter 41, Parks and Recreation, Section 41 -1, Prohibited Activities,
Section 19 be and is amended, as follows:
A. (19) Carry, use or possess firearms or other dangerous weapons within any park except:
(a) Persons in possession of a concealed weapon permit may possess a lawful
concealed handgun within the areas of county parks that are not designated
recreational facilities. Recreational facilities as defined by N.C.G.S. 14-
415.23 includes athletic fields and any appurtenant facilities during an
organized athletic event, athletic facilities, and swimming pools.
(i) The director of parks and gardens shall maintain a list of designated
recreational facilities where concealed handguns are prohibited.
(ii) Notwithstanding the foregoing prohibition of concealed weapons in
or on recreational facilities, a concealed handgun permittee may
secure a handgun in a locked vehicle within the trunk, glove box or
other enclosed compartment or area within or on the motor vehicle
pursuant to N.C.G.S. 14- 415.23.
(b) This section should not apply to sworn law enforcement.
B. Except as expressly amended herein, Chapter 41 shall remain unaltered and in full force and
effect.
Adopted this the day of 2014.
NEW 14ANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners - March 10, 2014
ITEM: 10-1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: March 10, 2014
ADDITIONAL ITEMS
DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management
Director
CONTACT(S): Joe Suleyman
SUBJECT
Approval of an Application for the Waiver of Landfill Tipping Fees for the National Society of the
Daughters of the American Revolution, Wilmington Ladies Tea Walk Chapter
BRIEF SUMMARY:
The Environmental Management Department has received an application for the waiver of tipping fees from
the National Society of the Daughters of the American Revolution, Wilmington Ladies Tea Walk Chapter.
This organization promotes veterans' projects and conducts programs in schools about the U.S. Constitution
and the American Flag. The chapter is working with various community organizations to repair the home of
a local "wounded warrior." All materials and labor for this project have been donated by local businesses
and volunteers. It is estimated that between thirty (30) and forty (40) cubic yards of waste ($1,770 - $2,360
in fees waived) will be taken to the landfill for this project.
The landfill has waived a total of $60,596 in tipping fees (1,027 tons) fiscal year to date.
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the Application to Waive Landfill Tipping Fees for theNational Society of the Daughters of the
American Revolution, Wilmington Ladies Tea Walk Chapter.
ATTACHMENTS:
Application for Waiver of Landfill Tipping Fees
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0 as a part of the consent agenda.
Board of Commissioners - March 10, 2014
ITEM: 11
This form should be completed and submitted to the Director of Environmental
Management for consideration of a waiver of established tipping fees. The Director will
review the application and make a recommendation to the Board of County
Commissioners.
Submit the completed form to:
Joe Suleyman
Director, o e al Management
3002 US Highway 421 North
Wilmington, NC 28401
A
r
4.) Have tipping fees been waived in the past for this organization (circle one)?
YES O
5.) Please attach a copy of any documentation of your organization's IRS status
6.) What waste removal/hauling company will be transporting your waste?
RA k i a 5 ! aAi es Ca r-� `"3
7.) What is the estimated amount (in tons or cubic yards) of expected waste
generation?
Tons OR ,V_ Cubic Yards
I hereby certify that the information above is true and accurate, and that I am
authorized by my organization to submit this request on its behalf. I also understand
that It is my organization's responsibility to ensure that no hazardous or prohibited
wastes will be disposed of.
S1 Date: ;9 Rav- o
SECTION TWO (To be completed by NHC DENb
e he tr'pping fee waiver request and
+COMMEND O NOT RECOMMEND approval (circle one).
Signature: t
Cc:
NHC Landfill Mgr.
Clerk to the Board
Board of Commissioners - March 10, 2014
ITEM: 11- 1 - 2
Date: .2— 6 f
March 3, 2014
Mr. Joe Suleyman
Director, Environmental Management
3002 U S Highway 421 North
Wilmington, N C 28401
Dear Mr. Suleyman,
Wihnington Ladies Tea WaLk Chapter, NSDAR
P 0 Box 347
Carolina Beach, NC 28428
Thank you so much for considering waiving the fees for the Veterans Project for Jay Swartz, a local Wil-
mington soldier who was disabled in military service.
Our chapter of the National Society Daughters of the American Revolution is working with local busi-
nesses and volunteers to repair Mr. Swartz's home. We are grateful for the efforts of Home Depot, D
Thomas Roofing, EWE Electrical, the Pink Trash — Coastal Ladies Carting Company, Golden Corral,
Port City Java, and the many local volunteers who have banded together to add their expertise and la-
bor to make this project happen.
The NSDAR, founded in 1890 and headquartered in Washington, D.C., is a non - profit, non - political vol-
unteer women's service organization. As one of the 3,000 chapters of the NSDAR, the Wilmington La-
dies Tea Walk Chapter fully supports the objectives of the National Society by working throughout our
community. Since our chapter's organization in December of 2007, we have distributed over 13,000
copies of the U S Constitution and 6000 copies of a Constitution bookmark; performed Constitution pro-
grams at local schools, Scout groups and for other organizations; assisted with Naturalization ceremo-
nies; supported military and veterans programs; and provided educational materials for Constitution
Week and other commemorative events in our community. Please see the enclosed sheet for further
information on how our chapter works in the New Hanover County community.
Please let me know if you need further information and again, thank you for your consideration.
Sin ly yours,
JoAnne W Campbell, Regent
Board of Commissioners - March 10, 2014
ITEM: 11- 1 - 3
Wilmington Ladies Tea WaLk Chapter, NSDAR
Poi ox 347
Carolina Beach, NC 28423
The Wilmington Ladies Tea Walk Chapter of the National Society Daughters of the American Revolution was
organized on 08 December 2007 aboard the Battleship North Carolina. The chapter is a member chapter of the
North Carolina Society Daughters of the American Revolution and the National Society. We follow the mission of
the national society to promote historic preservation, education and patriotism.
The chapter has grown from the original 13 members to 26 members, eight of whom are "junior" members under
the age of 35. We meet in the evening so that our working members can attend the meetings. The chapter has sev-
eral pending members and a number of prospects who we are assisting in researching their family genealogy in
order for them to join our chapter.
Since our organization, our chapter has participated in meeting our objectives in the following ways:
We have given out over 13,000 copies of the U S Constitution to school children, businesses and ordinary citi-
zens throughout New Hanover County.
We have given out almost 6000 copies of the Constitution bookmark which contains the Pledge of Allegiance,
the Preamble to the Constitution and the American's Creed.
We have performed a Constitution program at area schools, scout groups and for other organizations.
We have assisted the U S Citizenship and Immigration Services with naturalization ceremonies.
We have assisted with the American Legion with flag retirement ceremonies.
We participate in Commemorative Events, such as July 4, Memorial Day, Veterans' Day programs, the Battle
of Moores Creek Anniversary and provide materials for these programs.
We have co-sponsored a Continuing Legal Education program on the Constitution for New Hanover County
attorneys.
We participate in the National Society's program of scholarships.
We support the DAR sponsored schools.
We sponsor the New Hanover Association Society of the National Society Children of the American Revolu-
tion.
We have sent boxes of requested books, personal items, etc., to our military overseas.
We have supported veterans projects both here in our community, at our nearby V A hospitals and facilities
and the nationwide DAR projects.
We have won state awards for sending books to the DAR National Library in Washing-ton, DC, which is one
of the largest genealogical research libraries in the world.
We have won state awards for our work for recognizing Constitution Week. We hang posters, give out Consti-
tutions, flags and bookmarks, create displays to promote the study of the Constitution and even hang our Revolu-
tionary flag from the mast of the Battleship North Carolina.
For more information about the Wilmington Ladies Tea Walk Chapter, NSDAI;, please call:
Jo Campbell, Regent 910-685-2809 orjo@advlegal.com
Board of Commissioners - March 10, 2014
ITEM: 11- 1 - 4
lffuilx (,-,Venw� SM-Ace
msftia vzlewru Mr-trict
Olra:la
JUL
Paul 4- Harrington
Disr-rict Director
Board of Commissioners - March 10, 2014
ITEM: 11- 1 - 5
am-NUM
NNT)AR
4arjorie JoAnne W. CamPb011, Treas=r
Wilmington Ladies Tea Walk Clla-Ptc'r,
PO Box 347 C 18428-0347
Carolina Beach, N - -
Dear r for the WilmingtOrl Ladies Tea Walk
This is in reference to a recent - nt request for th e
- I-
Th-- ins;Knm of the NhitinnalSocietv Daughters of the Awfican Revolution is to promote
historic preservation, education and patriolisna.
AT4 =0
Board of Commissioners - March 10, 2014
ITEM: 11- 1 - 6