Agenda 2014 06-02AGENDA
JUNE 2, 2014
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
6:00 PM
MEETING CALLED TO ORDER (Chairman Woody White)
MOMENT OF SILENCE (Chairman Woody White)
PLEDGE OF ALLEGIANCE (Commissioner Thomas Wolfe)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Appointment of Voting Delegate to the NACo 2014 Annual Conference
3. Approval of an Interlocal Agreement with the Town of Wrightsville Beach
4. Adoption of a Resolution to Dispose of Surplus Property According to
Procedures Outlined in North Carolina General Statutes - Chapter 160A
Article 12
5. Approval of April 2014 Collection Reports
6. Approval of Board of Education General Fund Amendment #9
7. Approval of NC Education Lottery Applications for 2014 -15 Capital
Construction Projects
8. Adoption of Budget Amendments
ESTIMATED
MINUTES
REGULAR AGENDA ITEMS OF BUSINESS
5
9. Public Hearing and Consideration of Approval to Submit a Joint
Application with the City of Wilmington to the Edward Byrne Memorial
Justice Assistance Grant (JAG) Program for 2014 Funding from the U.S.
Department of Justice
45
10. Public Hearing on the Fiscal Year 2014 -2015 Recommended Budget
30
11. Consideration of Resolutions Relating to a New Hanover County School
Bond Issue
30
12. 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
Board of Commissioners - June 2, 2014
Located at the 100 Block of Porters Neck Road
40 13. Public Hearing
Request by Staff to Amend the Following Sections of the Zoning
Ordinance to Address Regulations Regarding Industrial Uses and
Special Use Permits (A -416, 1/14):
A.) Addition of Section 13: Calculation of Time
B.) Amend Section 23: Definitions
C.) Amend Section 44: Extension or Enlargement of Non - Conforming
Situations,
D.) Amend Section 50: Table of Permitted Uses,
E.) Amend Section 53.2: 1 -1 Light Industrial,
F.) Amend Section 53.3, 1 -2 Heavy Industrial, and;
G.) Amend Section 71: Special Use Permits Issued by the Board of
County Commissioners
H.) Consider staff recommendation regarding application acceptance
1.) Consider additional amendments to Section 50: Table of Permitted
Uses
15 14. Urban Services Boundary: Establishing an Exception Policy
5 15. Consideration of a Resolution to Accept the Garner Economics Target
Analysis Report
ESTIMATED
MINUTES
PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes)
ADDITIONAL AGENDA ITEMS OF BUSINESS
10 16. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
17. 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 - June 2, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 2, 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 May 15, 2014
Regular Meeting held on May 19, 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 - June 2, 2014
ITEM: 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 2, 2014
CONSENT
DEPARTMENT: PRESENTER(S): Chairman Woody White
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT
Appointment of Voting Delegate to the NACo 2014 Annual Conference
BRIEF SUMMARY:
The National Association of Counties' (NACo's) 79th Annual Conference will be held July 11 -14, 2014 in
Orleans Parish, LA. A designated voting delegate must be appointed and submitted to NACo by June 13,
2014. The Board may also choose to designate an alternate voting delegate. Per NACo, any elected or
appointed official or staff member from a county /parish/borough may be a voting delegate. The voting of
NACo's annual election of officers and policy adoption will take place on Monday, July 14, 2014 at 10:30
a.m. at the NACo Annual Business Meeting.
Vice -Chair Beth Dawson and County Commissioners Jonathan Barfield, Jr. and Thomas Wolfe are
scheduled to attend the conference.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Appoint designated voting delegate and alternate delegate.
ATTACHMENTS:
NACo Memorandum - 2014 Annual Conference Voting Credentials
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Make appointment.
COMMISSIONERS' ACTIONS:
Appointed Vice -Chair Dawson 4 -0.
Board of Commissioners - June 2, 2014
ITEM: 2
NAI,' atin l
Association of ounti
AAY 13 `.
The Voice of America's Counties Noe bacr
ELECTION OF SECOND VICE PRESIDENT
To: County Board Chairpersons, Parish Presidents, Borough Mayors,
County Judges, Elected County Executives and County Clerks
From: Linda Langston, NACo President
Date: May 5, 2014
Subject: Voting Credentials — 2014 Annual Conference
NACo is preparing for the 79th Annual Conference to be held July 11-14,2014, in Orleans Parish, LA. it
is important that your county participates in the association's annual election of officers and policy adoption. In
order to participate, a county must have paid its membership tires and have one paid registrant for the
conference, according to A bylaws.
Please read the enclosed information carefully. Indicate on the credentials form the name of the county
voting delegate and alternate authorized to pick up your county's voting materials.
A checklist is enclosed to assist you in filling out the voting credentials form. Additionally, the chief
elected official of your county must sign: the form, A chief elected official may include the following:
• board chair /president
• mayor
• county judge
• elected county executive
Please fill out this form in advance and mail, fax or scan and e-mail the enclosed farm by. RIDA I NTE 13-
If no one from your county is planning to register for the conference, you do not have to turn in the credentials form.
Alex Koroknay- Palicz - Fax (202) 393 -2630
Credentials Committee
Attn: Alex Koroknay - Palicz
National Association of Counties
25 Massachusetts Ave, NW, Suite 500
Washington, DC 20001
AKPalicz @naco.org
Membership Coordinator, Alex Koroknay - Palicz, can be reached at 888.407.NACo (6226) x291, his direct line at
202.942.4291 or akpalicz@naco.org. We look forward to seeing you in Orleans Parish!
25 Massachusetts 4venue, NW I Suite 500 1 Washington, DC 20001 1202.393.62261 fax 262.393.26301 wvvwnaco.urg
Board of Commissioners - June 2, 2014
ITEM: 2 -1 -1
,ii I' I I 1
On what issues or for which candidates do counties/parishes/boroughs vote?
Counties vote on resolutions that set NACo legislative and association policy for the coming year. Delegates also
elect NACo officers for the coming year. The position of second vice president is usually the one position that is
contested.
How can my county vote?
A county must be a NACo member "in good standing" in order to vote. This means your county's dues for 2014
must be paid before the voting occurs. Also, the county must have at least one paid registration for the
annual conference and have proper credentials.
What are credentials?
Credentials attest to a county's eligibility to vote. Credentials contain information on the number of votes a
county is eligible to cast, as well as the identity of the delegate that is authorized to cast the county's vote.
How is the credentials form distributed?
The form is mailed to the clerk and chief elected official of member counties so that the county can provide the
name of the voting delegate to NACo. Conference registrants will receive an e -mail with a link to the credentials
form as well. Only counties that have paid their 2014 NACo dues will receive a credentials form. This form is
mailed in May. Please return this form by Friday. June 13, 2014.
Why did I receive a credentials form?
You are receiving this form because you are the chief elected official at your county, your county's clerk, or you
registered for the 2014 NACo Annual Conference. If you wish to vote, please bring the credentials form to your
chief elected official to fill out and return to us. Please see this packet for more instructions on the form.
My county has misplaced the credentials form. What should I do?
The credentials form will be available in the Elections and Voting Credentials section of the NACo website
(www.naco.org/credentials) shortly after it is mailed. A member login is required to download and print the form.
After you download, print, and fill out the form correctly, you can return it to NACo. Please call Alex Koroknay-
Palicz at 888.407.NACo (6226) x291 if you need assistance.
If my county is not registering for the Annual Conference, does my county have to send in the credentials
form?
No. Only counties who register are able to vote. Please do not return the credentials form to the NACo office if
your county does not plan to register for the Annual Conference.
What is a voting delegate?
A voting delegate is someone authorized by your county /parish/borough board to pick up a ballot and cast your
county's votes at the annual conference. The delegate must have a paid registration to the conference.
Who may be a voting delegate?
Any elected or appointed official or staff member from your county /parish/borough may be a voting delegate.
That decision is up to your county board.
What is an alternate?
An alternate is another elected or appointed official or staff member from the county delegated by the county to
pick up and cast its ballot. The alternate must have a paid registration to the conference.
a The delegate OR alternate listed on the credentials form may pick up your county's ballot.
Board of Commissioners - June 2, 2014
ITEM: 2 - 1 - 2
My county has only one person attending the conference. Does my county have to designate an alternate?
No. It is not necessary to list an alternate if a delegate is named.
Whose ballots may the state associations of counties/parishes/boroughs receive?
Your state association of counties/parishes/boroughs is allowed to pick up any unclaimed ballots from
counties/parishes/boroughs that have registered delegates. The pick -up for state associations is Sunday afternoon
during the conference. The state association may then cast those ballots in the election.
My county does not want our state association to pick up our votes. How does my county go about
indicating this decision?
You must check the box that says "If my ballot is not picked up, I DO NOT AUTHORIZE my state association to
pick up or cast my county's vote. I understand that my county's votes will NOT be cast if I select this option. "
Remember that your county's votes will not be cast at all with this option if your delegate does not
pick up the ballot.
What does "vote by proxy" mean?
A county may designate a conference attendee from another county within that state or its state association to cast
its ballot as long as BOTH are registered conference attendees.
Why would a county vote by proxy?
Counties may vote by proxy for a number of reasons. One example would be a county official who needs to leave
the conference before the vote is taken and would want another county to vote on his/her behalf.
How would my county vote by proxy?
In order to vote by proxy:
• Your county and the county you give your vote to must have paid their 2014 dues
• Your county must have at least one paid conference registration for the conference, even if no
officials are attending
After your delegate picks up your county's ballot, your delegate and the other county's delegate must
both sign the back of the ballot for the transfer to be valid
If I do not get my credentials form into the NACo office by June 13, may I become credentialed on site at
the conference?
Yes. You may bring the original credentials form signed by your chief elected official or fill out the on-site ballot
form. By signing the on -site ballot form you declare that you and the other conference attendees from your
county have agreed that you are the voting delegate for your county. You must be registered for the conference to
be able to vote.
What would happen if more than one registered attendee from my county fills out the on -site ballot form?
If there is confusion as to who the authorized delegate is, and more than one person claims to be your county's
authorized delegate, officials from your county will need to resolve the dispute by 5 p.m. CDT on Sunday July 13,
2014. Unless the dispute is resolved, your county's votes will not be counted. To resolve the dispute, all
registrants who filled out the on -site ballot form need to agree as to who is authorized to cast their county's votes
and communicate that to Alex Koroknay Palicz at the credentials desk by 5 p.m. CDT on July 13.
My county won't be attending this year's Annual Conference, can we still vote?
Yes. Your county can still have its votes counted without attending the conference, but one person from your
county still needs to register. You must have at least one person registered by 12:00 PM EDT on July 8. If you
register, do not plan to attend and wish to vote, you MUST designate your state association president as your
delegate on the Credentials Form. Your state association president or his/her designee will pick up and cast your
ballot.
Board of Commissioners - June 2, 2014
ITEM: 2 - 1 - 3
How does NACo determine the number of votes each county receives?
The number of votes is determined by the amount of dues a county pays. Dues are based on population. All
counties are entitled to at least one vote. Members with more than $499 in dues are entitled to one additional vote
for each additional $500 in dues or fraction thereof paid in the year the meeting is held.
• Counties with dues of $400 to $499 receive one vote.
• Counties with dues of $500 to $999 receive two votes.
• Counties with dues of $1000 to $1,499 receive three votes, and soon.
• The maximum number of votes a county can receive is 121.
My county has 10 votes. How can our 25 commissioners divide or share the votes?
That is up to your county. NACo has no rule as to how counties decide to allocate their votes. Counties may split
their vote amongst the candidates running for second vice president if it is desired.
I've heard the term "unit vote" used. What is that?
Some states, by custom or policy, cast all of their votes as a block or "unit." State associations typically have a
meeting before the election to determine how they will handle the voting process.
• Check with your state association regarding the time, date and location of this meeting.
• NACo bylaws permit each county to cast its vote as it chooses. Your county does not have to vote with
your state association should you so choose.
When does the voting take place?
This year's election will be held on Monday, July 14, 2014 at 10:30 a.m, at the NACo Annual Business Meeting.
How does the voting occur?
Votes are cast by state, not by state association. Counties from a state sit together as a delegation. The reading
clerk will call out states at random. A state appointed representative will approach the microphone and call out
that state's vote. This will continue until one of the candidates has a majority (fifty percent plus one — 50% + 1)
of the total number of votes being cast. Voting may still continue after the fifty percent plus one mark has been
reached.
What is a roll call?
Roll call is a way of voting for NACo resolutions to be passed. If a roll call is necessary, the names of the states
will be read out in alphabetical order by the reading clerk. A state appointed representative will approach the
microphone and call out that state's vote as "yes" or "no." A weighted vote will be used. This will continue until
all votes have been cast.
Board of Commissioners - June 2, 2014
ITEM: 2 - 1 - 4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 2, 2014
CONSENT
DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management
Director
CONTACT(S): Joe Suleyman
SUBJECT
Approval of an Interlocal Agreement with the Town of Wrightsville Beach
BRIEF SUMMARY:
The New Hanover County Environmental Management Department requests approval to enter into an
interlocal agreement with the Town of Wrightsville Beach for recycling collection services. The department
proposes to add the Wrightsville Beach community recycling site to its current route for collection of
recyclable materials. Existing staff will be utilized for this service, with no additional positions necessary.
The cost to service the Wrightsville Beach site is included in the Environmental Management Department's
FY14 -15 requested budget. The Interlocal Agreement is expected to save the Town of Wrightsville Beach
$45,000 in operations costs annually.
STRATEGIC PLAN ALIGNMENT:
Productive Strategic Partnerships
• Collaborate on regional planning
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve interlocal agreement #14 -0289 between New Hanover County and the Town of Wrightsville Beach
for recycling collection services.
ATTACHMENTS:
Interlocal Agreement 14 -0289
Attachment A to Interlocal Agreement 14 -0289
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - June 2, 2014
ITEM: 3
STATE OF NORTH CAROLINA
INTERLOCAL AGREEMENT
NEW HANOVER COUNTY
This Interlocal Agreement entered into this _ day of 2014, by and between New Hanover
County, hereinafter "County," and the Town of Wrightsville Beach, hereinafter "Town."
For the mutual consideration set out hereunder the parties hereto agree as follows:
1. Service: County shall, through its own resources or by contract, service and haul collected
material from the recycling drop -off site situated at the Town Government Complex off
Causeway Drive.
Roll off containers shall be serviced as needed. The containers shall accommodate glass,
aluminum, plastic, cardboard, newspapers, and mixed paper. The site will remain unmanned by
either County personnel or County contractor.
2. Container Ownership: The County will replace the existing containers with containers
compatible with the current County hauling fleet. Town will retain ownership of the existing
containers.
3. Compensation: The sole compensation to the County for the services provided hereunder shall
be ownership of all recyclables together with any and all proceeds from the sale of recyclable
materials.
4. Responsibility for Cleaning the Drop Site: County shall be responsible for keeping the drop site
and the immediately surround area in a clean and orderly condition. In the event County fails to
clean the drop site and immediately surrounding area, Town may (but shall not be obligated to
do so) clean that area and County shall reimburse Town for the costs incurred by Town in doing
so.
5. Responsibility for Maintenance of the Drop Site: County shall be responsible for maintenance
and repair of the drop site as a result of normal wear and tear, and shall repair any damage to
the drop site. This expressly excludes any portion of the roadway referred to as Sea Water Lane.
The area of responsibility is outlined in Attachment A.
6. Notification of Illegal Activities: The parties hereto shall notify each other upon becoming aware
of illegal activities occurring on the Town owned recycling site, including but not limited to,
illegal dumping, vandalism, or improper waste disposal.
7. Term: This Agreement shall be for an initial term of one (1) year. The Agreement will
automatically renew under the same terms and conditions unless either party hereto gives
ninety (90) days prior written notice of non - renewal.
8. Indemnification: To the extent permitted by law, County shall indemnify and hold Town, its
officials, officers, agents, and employees, harmless from and against any and all claims, including
demands, actions, damages, loss costs, and attorney's fees, arising or resulting from any alleged
negligent act, error or omission by Town, its officers, officials, agents, and employees. To the
extent permitted by law, Town shall indemnify and hold County and its officials, officers, agents,
Page 1 of 2
Board of Commissioners - June 2, 2014
ITEM: 3 - 1 - 1
and employees, harmless from and against any and all claims, including demands, actions,
damages, loss costs, and attorney's fees, arising or resulting from any alleged negligent act,
error or omission by County, its officers, officials, agents, and employees.
9. Termination: Either party hereto may terminate this Agreement without cause upon providing
ninety (90) days prior written notice.
10. Notices: To County: Joe Suleyman Solid Waste Director
3002 Hwy. 421
Wilmington, N.C. 28405
To Town: Tim Owen, Town Manager
321 Causeway Drive
P.O. Box 626
Wrightsville Beach, NC 28480
Witness our hands and seals:
New Hanover County
By:
Manager
Town of Wrightsville Beach
By:
Manager
Page 2 of 2
Board of Commissioners - June 2, 2014
ITEM: 3 - 1 - 2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 2, 2014
CONSENT
DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Finance Director and Jerome
Fennell, Property Management Director
CONTACT(S): James Derseraux, Equipment Shop Superintendent and Lena Butler, Purchasing Supervisor
SUBJECT
Adoption of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North
Carolina General Statutes - Chapter 160A Article 12
BRIEF SUMMARY:
Chapter 160A- Article 12 of the North Carolina General Statutes governs the sale and disposition of surplus
property.
At the Board's meeting held on May 19, 2014, staff brought two separate exhibits before the Board
requesting the items be declared surplus and approved for disposal. Exhibit "A" contained
inventory remaining after the suspension of operations at WASTEC and Exhibit "B" contained equipment
and supplies no longer being used by other County departments. At the request of the Board, action related
to Exhibit "A" WASTEC inventory was continued to the June 16, 2014 meeting.
Staff requests that items detailed on Exhibit "B" consisting of vehicles, supplies, materials, equipment, and
apparatus used by various departments which are surplus to the County's current operations be
declared surplus and approved for disposal. These items have a net book value (cost less accumulated
depreciation) of $21,369. The County will generate revenue for the sale of the surplus property; however, the
exact amount is currently unknown.
Staff proposes to dispose of the surplus property according to methods prescribed in Chapter 160A- Article
12.
STRATEGIC PLAN ALIGNMENT:
Strong Financial Performance
• Control costs and manage to the budget
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Declare property surplus and adopt resolution authorizing disposal by any method authorized by NC General
Statutes 160A- Article 12.
ATTACHMENTS:
Resolution
Exhibit B
Board of Commissioners - June 2, 2014
ITEM: 4
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - June 2, 2014
ITEM: 4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
DISPOSAL OF SURPLUS PROPERTY
WHEREAS, New Hanover County owns certain personal property itemized on the attached
"Exhibit B" that is no longer functional for governmental purposes by the County; and
WHEREAS, New Hanover County Board of Commissioners is desirous of declaring this
property surplus and disposing of as authorized by North Carolina General Statute (NCGS)
160A- Article 12.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of
Commissioners as follows:
1. The personal property itemized on the attached Exhibit B is hereby declared to be surplus
property.
2. That the Finance Director's designated representative is hereby authorized to dispose of
the personal property by any method authorized by the NCGS 160A- Article 12, and that
said representative be further authorized and directed to execute necessary documents,
transfer title, add /delete items from the surplus list, and perform all necessary functions
associated with this disposal.
3. All surplus property will be sold "as is," all sales will be final and the acceptable forms of
payment are cash, certified check, money order, and Visa or MasterCard. New Hanover
County makes no express or implied warranties of merchantability of any surplus
property, or part thereof, or its fitness for any particular purpose regardless of any oral
statements that may be made concerning the surplus property or any part thereof.
4. A notice summarizing this Resolution and the sale of the surplus property shall be
advertised on the County's website and /or in the Wilmington Star News at least ten (10)
days prior to the sale.
ADOPTED this the 2nd day of June, 2014
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners - June 2, 2014
ITEM: 4 - 1 - 1
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Board of Commissioners - June 2, 2014
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Board of Commissioners - June 2, 2014
ITEM: 4 - 2 - 8
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 2, 2014
CONSENT
DEPARTMENT: Tax PRESENTER(S): Michelle Harrell, Collector of Revenue
CONTACT(S): Michelle Harrell
SUBJECT
Approval of April 2014 Collection Reports
BRIEF SUMMARY:
Tax collection reports for the month of April 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:
April 2014 Collection Report
April 2014 Fire District Collection Report
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - June 2, 2014
ITEM: 5
New Hanover County Monthly Collection Report for April 2014
Current Year 2013
Real Estate
Personal Property
Motor Vehicles
Combined
$
139,754,159.66
$
13,780,412.69
$
5,296,076.42
Scroll /Billed
$
158,830,648.77
Abatements
$
214,915.73
$
642,997.91
$
90,312.60
$
948,226.24
Adjustments
$
1,819.89
$
9,232.17
$
(171.33)
$
10,880.73
Total Taxes Charged
$
139,541,063.82
$
13,146,646.95
$
5,205,592.49
$
157,893,303.26
Collections to Date
$
137,804,175.73
$
12,303,648.00
$
4,578,506.30
$
154,686,330.03
Write Off
$
(182.98)
$
(711.60)
$
(5,075.63)
$
(5,970.21)
Outstanding Balance
$
1,736,705.11
$
842,287.35
$
622,010.56
$
3,201,003.02
Collection Percentage
98.76%
93.59%
87.95%
97.97%
YTD Interest Collected $ 208,594.39 $ 18,115.21 $ 76,113.46 $ 302,823.06
Prior years 2003 -2012
Real Estate
Personal Property
Motor Vehicles
Combined
$
1,432,915.44
$
1,910,336.82
$
2,310,571.12
Scroll
$
5,653,823.38
Abatements
$
77,087.39
$
74,791.80
$
31,983.14
$
183,862.33
Adjustments
$
-
$
132.28
$
256.55
$
388.83
Total Levy
$
1,355,828.05
$
1,835,677.30
$
2,278,844.53
$
5,470,349.88
Collections to Date
$
720,444.47
$
35,370.22
$
924,042.03
$
1,679,856.72
Write Off
$
10.60
1 $
(18.69)
$
(336.17)
$
(344.26)
Outstanding Balance
$
635,394.18
1 $
1,800,288.39
1 $
1,354,466.33
1 $
3,790,148.90
NEW HANOVER COUNTY
Chairman
Clerk to the Board
Date
$ 88,942.77 $ 11,217.15 $ 106,403.88 $ 206,563.80
Board of Commissioners - June 2, 2014
ITEM: 5 - 1 - 1
New Hanover County Fire District Monthly Collection Report for April 2014
Current Year 2013
YTD Interest Collected $ 10,409.59 $ 999.71 $ 5,401.56 $ 16,810.86
Prior years 2003 -2012
Real Estate
Personal Property
Motor Vehicles
Combined
$
7,313,382.05
$
948,397.23
$
368,354.79
Scroll /Billed
$
8,630,134.07
Abatements
$
20,824.88
$
19,881.85
$
6,042.72
$
46,749.45
Adjustments
$
4,657.83
$
(417.36)
$
218.69
$
4,459.16
Total Taxes Charged
$
7,297,215.00
$
928,098.02
$
362,530.76
$
8,587,843.78
Collections to Date
$
7,216,781.42
$
883,494.69
$
318,561.04
$
8,418,837.15
Write Off
$
(111.54)
$
(128.77)
$
(2,033.15)
$
(2,273.46)
Outstanding Balance
$
80,322.04
$
44,474.56
$
41,936.57
$
166,733.17
Collection Percentage
98.90%
95.19%
87.87%
98.03%
YTD Interest Collected $ 10,409.59 $ 999.71 $ 5,401.56 $ 16,810.86
Prior years 2003 -2012
YTD Interest Collected $ 3,414.80 $ 485.41 $ 6,214.56 $ 10,114.77
NEW HANOVER COUNTY
Chairman
Clerk to the Board
Date
Board of Commissioners - June 2, 2014
ITEM: 5 - 2 - 1
Real Estate
Personal Property
Motor Vehicles
Combined
$
65,568.10
$
90,117.03
$
124,750.47
Scroll
$
280,435.60
Abatements
$
1,686.34
$
2,854.67
$
2,113.17
$
6,654.18
Adjustments
$
-
$
-
$
61.86
$
61.86
Total Levy
$
63,881.76
$
87,262.36
$
122,699.16
$
273,843.28
Collections to Date
$
34,702.59
$
2,514.69
$
60,774.13
$
97,991.41
Write Off
1 $
(3.26)
$
(13.47)
$
(1,380.47)1
$
(1,397.20)
Outstanding Balance
I $
29,175.911
$
84,734.20
1 $
60,544.56
1 $
174,454.67
YTD Interest Collected $ 3,414.80 $ 485.41 $ 6,214.56 $ 10,114.77
NEW HANOVER COUNTY
Chairman
Clerk to the Board
Date
Board of Commissioners - June 2, 2014
ITEM: 5 - 2 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 2, 2014
CONSENT
DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin
SUBJECT
Approval of Board of Education General Fund Amendment #9
BRIEF SUMMARY:
On May 13, 2014 the New Hanover County Board of Education approved General Fund Budget Amendment
#9. The budget amendment appropriates fund balance ($10,560) for cost related to land purchase.
New Hanover County Board of Education fund balance is local funding and must be approved by the New
Hanover County Board of Commissioners.
STRATEGIC PLAN ALIGNMENT:
Strong Financial Performance
• Control costs and manage to the budget
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the Board of Education budget amendment.
ATTACHMENTS:
General Fund Amendment #9
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - June 2, 2014
ITEM: 6
New Hanover County Board of Education
General Fund Amendment #9
Be it resolved by the New Hanover County Board of Education that the following amendments be made
to the Budget Resolution for the fiscal year ending June 30, 2014, on the 13th day of May, 2014:
System -vide support services:
Increasel(Decrease)
Expenditures by Purpose/Function:
(1,675.00)
Instructional services:
(1,570.00)
Regular Instruction
$ (21,039.50)
Special Populations
10,339.00
Alternative Programs
-
School Leadership
(312.33)
Co- Curricular
5,076.83
School -Based Support
(1,000.00)
System -vide support services:
Support and Development
(1,675.00)
Special Population Support and Development
(1,570.00)
Alternative Program Support and Development
1,000.00
Technology Support
56,966.46
Operational Support
271.00
Financial and Human Resources
Accountability
System -Wide Pupil Support
(1,000.00)
Policy, Leadership and Public Relations
19,470.00
Ancillary;
Community Services
Nutrition Services
-
Non - programmed Charges:
Payments to Other Governments
lnterfund Transfers
Scholarships
$ 67,526A6
Revenue by Source:
Now Hanover County
$ -
Federal Sources
Other Revenues
56,966,46
Fund Balance Appropriation
10,560.00
$ 67,526.46
Facplenation:
To appropriate Fund Balance for costs related to Land Purchase {$80,000), to reduce FB Appropriation previously overstated on
Maintenance Projects by ($49,440), to record Insurance Pmceeds to cover Technology storm damage ($56,968.46) and to record
miscelfanceous transfers.
Total Appropriation in Current Budget $ 75,480,035.54
Amount of Increasel(Decrease) of above Amendment 67,526.46
Total Appropriation in Current Amended Budget $ 75,547,562.00
Passed by, majority vote of the Board of Education of New Hanover County on the 13 ` day of
20j�.
Board of Commissioners - June 2, 2014
ITEM: 6 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 2, 2014
CONSENT
DEPARTMENT: PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin
SUBJECT
Approval of NC Education Lottery Applications for 2014 -15 Capital Construction Projects
BRIEF SUMMARY:
Capital construction needs were identified and considered in the FY 2014 -15 capital budget process. The
2014 -15 capital budget was approved by the Board of Education on April 1, 2014, and includes the projects
attached and listed below to be funded through the Public School Building Capital Fund, North Carolina
Education Lottery.
Currently, the unallocated NC Education Lottery balance for New Hanover County schools is in the amount
of $1,417,839.96; the total of the application is in the amount of $2.1 million. The School Board plans to
submit applications for funding for design of the project. The remaining fund request for the project will be
submitted when funding is available.
STRATEGIC PLAN ALIGNMENT:
Strong Financial Performance
• Control costs and manage to the budget
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approval of applications for the following projects:
Veterans Park- Cooling Tower Replacement
Bradly Creek- HVAC Equipment and Controls Replacement (Phase 1)
Sunset Park- Replacement, Sectors Al, A3, & A4
Codington- HVAC Equipment Replacement and Updating Controls (Phase 1)
Eaton- HVAC Equipment Replacement and Updating Controls (Phase 1)
Williston- Replace (2) Chillers.
ATTACHMENTS:
FY 2014 -2015 Capital Construction Budget
NC Education Lottery Applications
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
Board of Commissioners - June 2, 2014
ITEM: 7
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - June 2, 2014
ITEM: 7
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ITEM: 7 - 1 - 2
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APPLICATION Approved: -
PUBLIC SCHOOL BUILDING CAPITAL FUND
NORTH CAROLINA EDUCATION LOTTERY Dale: _. Me- 13.2014
County: New Ha Ayer Contact Person: Eddie And neon
LEA: New Henove SchoAls Title: Director, Facilities
Address: 6410 Caroilria Beach Road Wilryfingtgn, NQ 28412 Phone: 91 254-4261
Project Title: it no Twar Re I n
Location: miurray middle I n Park)
Type of Facility: 6 -12
No Goneral SW O1193, Chapter 1t�C, provides that a po>ti� of *s pr+4a++eda of to North Carina Siata
Lou" Fund be banef9rred fD the l Sdod Capita! Fund in hoe wdh a 5.11 2. Furlher.
G.S.14ao"6 2 (d) has been a vended fo kWude tf<e�9•
(3) No mu ft sw have 1b p rovkte m8W" f rrhdtti .. gy bcal Sctreol
O A mafr f tfus ! ad Inau W c
adrn� � to mire undebmdnass
(5) A co" may not we morrow In this Fund to pay fora*" *" ieEh gY need•
AS used m this se0on,'PublIft Sdwd l5criicbW abets mckde e* fames for Rldrvxkml W hoels that
are used for �I anti misted pu+1�s, "does not � e aeon, makiterhaifiae. or er0W
1acUM& App/lioat Arta rnustbe subn~ W[tl& oo ywrftgm*W The daft oifii W PRYMN tea t'ite Cen>lrat�or
or VwWw. '
Short description of Construction Project: Replace andlor refurbish the cooling tower as part of the 4oioe heating and
gooling §)M=
Estimated Costs:
Purchase of Land
Planning and Design Services
New Construction
S
$ 42.5 0.00
s
Additions I Renovations $
Repair
Debt Payment I Bond Payment
Classroom Teachers
TOTAL
$ 430.000.00 _.
$ 472.540 - -
Estimated Project Beginning Date: Augsrst Z01A - Est. Project Completion Date: - Auguol 2016
We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following
completion of the project.
The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and
request release of $ 72 .00 from the Public School Building Capital Fund (Lottery
Distribution). We certify that the project herein described is within the Parameters of G.S.115C -546,
(Signature - Chair, County ComrnlsslonerS) (Date)
(Signature -
Data: July 01, 2011
Board of Commissioners - June 2, 2014
ITEM: 7 - 2 - 1
APPLICATION
PUBLIC SCHOOL BUILDING CAPITAL FUND
NORTH CAROLINA EDUCATION LOTTERY
Approved:
Date: ay 13, 2014 —
County: New H Contact Person: Eddie mderson
LEA: New Hanover County Sch ois _ _ Tide: Di Facilities
Address: 6410 Carollna130-09h Road Wilmington. NC 28412— _ Phone: (910)254-4281
Project Tide: a ul ment a J ggmis Ph I
Location: B Im Creek El
Type of Facility: QMdes k-6
Notch Cerra General Sts Chapter 18C, pmyidAg 00 a portion of the prooWth of the North Carohns Slue
Latery Fund be tranderred to the Public Shcool Bugft Capftal Fund to socordanae with G.Sa.116C 5482. Purist+.
G.S 1150-5482 Who been amended to ode the fob.
(s) No CCU* go have to pravide mddwV iuK%,
(4j A Minty itchy use rrtorries in thrs Fund to pay iivr sdwol cc ruewon proect9 In total actuM
$dralrr1s1N6tt1 m oft ad too retire �s fo S&I" =Sftx& 1 proje "'
(5) A cam* MW not use rw*w in to f=und to pay far tachrtology need�-
1 � .
As toW M 4ris sedioN 'PubNc $ottrael Btnldmgs` Shaw rude only ii MM 1" rEtfttdtiial Wboc s that
We Used for heal WW related purpc , arrd does rrot welude oerwW admrrxStwilon. nisintertarwa, gr ter
bolOw Must be submNed am yyewAoffawft do daft of fAW Pityrrrent to the C81+itrs0or
or Vendor
Short description of Construction Project:
controls.
Estimated Costs:
Purchase of Land
Planning and Design Services
New Construction
Additions ! Renovations _
Repair
Debt Payment 1 Bond Payment
Classroom Teachers
TOTAL
$
S 30,000-00
$ 247
.00
Estimated Project Beginning Date: August 2014, Est. Project Completion Date: August 416
We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days fdiowing
completion of the project Project and
The County Commissioners and the Board of Education do hereby y joins y re u st al) Building Capital above und (Lottery
request release of $ 277
Distribution). We certify that the project herein described is within the Parameters of G.S.116C -546.
(Signature — Chair, County Commisslnem) (Date)
Form Date: July 01, 2011
Board of Commissioners - June 2, 2014
ITEM: 7 - 2 - 2
APPLICATION Approved:
PUBLIC SCHOOL BUILDING CAPITAL FUND
NORTH CAROLINA EDUCATION LOTTERY Data: _ May 13.2014
County: New Ha ___ Contact Person: Eddie Anderson
LEA: New Hanover ran +.UMy SChoois Title: Director. Facilities
Address: §410 Carotin Road -W-1101030n.2 1 Phone: (9'0)254-4281
Project Tifje: geoWcsment
Location: Sun Elements
Type of Facility: — Grades k-5
NeW Jena fermi Star Chapter 15C, prwld6S1W a P~ cd She Prod± G8 (NUN PmrW %,WUWM Oww
may► Fund be trans[« Mne l io the Publw School Bu'ft Capin Fund m brae with GA 11150- 946.2. FVOW,
t3.6. 4150.646 2 (d) has been amended to molude the kV . - : ,
(a) No ownty AW 11M to pwide MOUMV furl. .
(4) A ow* MAY ues mortise m thts Fw'd W Pay f*r sohool 0woku0ton Projects m iuoel s4slrod
units and tC raft m deb W ku�,r� 1br schoat � !
(6) A �y nW not use rnontes m this Fund fe 3+
for gcttovl technoid�y pestle.
As r-,�.,, in VU aedn, "' Pubiic Sdr d 1� o t q .u�dye 0edy.� ballillm 1 indnrrd�ral a rook that
aM ��gW tj'no" doesrrdat mdUde i(N ,J �
�. AppNmf aw must be sub�lttwl wtitl�rn on year �t?
or
11/9AI.
Short description of Construction Proj &. F tem 1 of the exdstigg concrete fiescia and soffit and reolad.ernp win 1h ne+n+
me fascia and g. This includes o concrete fas
Estimated Costs:
Purchase of Land
Planning and I n Services
New Construction
Additions/ Renovations
Repair
Debt Payment! Bond Payment
Classroom Teachers
TOTAL - --
Estimated Project Beginning Date: -& Ogg 2014 —
$
$ 20,000.00
$ 1t33.0a0.00 _
$ 182,900.90-
Est. Project cornpfetion Date: -Aura$
We, the undersigned, agree to submit wstaterrterd of state monies expended for this project within 60 days following
completion of the project.
The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and
request release of $ B from the Public School Building Capital Fund (Lottery
Distribution). We certify that the project herein described is within the Parameters of G.S. 1150 -546.
(Signature - Chair, County COmmtssioners) (Date)
Farm Date: July 41, 2011
Board of Commissioners - June 2, 2014
ITEM: 7 - 2 - 3
APPLICATION Approved.
PUBLIC SCHOOL BUILDING CAPITAL FUND
NORTH CAROLINA EDUCATION LOTTERY Date: _ May 13.201 -
County: NIN H inover Contact Person: Eddie Andersen
LEA: New Hanover Cou Schools Title: Di FarMes
Address: 6410 Caro]ina Beach Road Wilminaton. NC 28412 Phone: (9101254 -4281
Project Title; — geoiscam9rit or roof on, pectors Al
Locatfon: Suno Park Flemerdsly-
Type of Facility: G de k
North Carohns Ganerai Sta6ow chapter 1$Cs provides #a a p of the proceeds of tins North Caralrna State
Lottery Fund be transm"M w ifa Pubtie Sd►oal fop Capes Fund rn sooardarioa titi G.S ! 45C -548 2 Furthers
G.S. 115C-"3 2 td) has keen OMOndsd 10 lndudo the *4"":
(3) Ko am* shall bave io lie m funds
(4) A county my Use monies in 1111116 Ftutd 10 t>Y for rs tMW w"OU126an l In local fm*ml
eve unite and to Mwe h*&Wrm9 t amdforSdNW 60ratrudiort projedn
(5) A calm* may rrot use monies In h& FOW to pay for sehoM welviology needs.
AS uead R: thrui< s lap, 'Peb6c iSehool t3u~shall Molude o* titsam for mdwrdual sctrod that
am used for ho ut MW srtd related popoaes, and OM ro mdude tear W adrr ns n*11 rfermeura, Or other
fhonks,Appgonge" mwt be arrbrr ilMd r 1gdo amyow1b0baft tbo daft of Anal PgYM eW ft ft CoMrador
orVeador.
Short description of Construction Project: Rmnoval of ft egiatIng built-up It roof and
built-up h rid
Estimated Costs:
Purchase of Land
Pianrifng and Design Services
New Construction
Additions 1 Renovations
Repair
Debt Payment 1 Bond Payment —
Classroom Teachers
$ 50.000.00
$ 501,000-00
TOTAL $ 551.000.00
Estimated Project Beginning Date: Auaust 2014 Est. Project Completion Data: AgaM 20th
We, the undersigned, agree to submit a statement of state monies eVanded for this project within 60 days following
completion of the project.
The County Commissioners and the Sward of Education do hereby jointly request approval of the above Project, and
request release of $ 551,000-00 from the Public School Building Capital Fund (Lottery
Distribution). We oertify that the project herein described Is within the Parameters of G.S.115C -546.
(Signature Chair, County Commissioners) (Date)
Form Date; July 01, 2011
Board of Commissioners - June 2, 2014
ITEM: 7 - 2 - 4
APPLICATION Appro'vW:
PUBLIC SCHOOL BUILDING CAPITAL FUND
NORTH CAROLINA EDUCATION LOTTERY Date: May 13.2Q4
County. New Hanover _ Contact Person: Edde Anderson - -
LEA: Now Hanover County School_ Title: Dlnxftr. Ea-c-Ilitles
Address: 6410 3roiloaBur2h. Road Mflimirmton.NC 28412 Phone: (9 10) 2 61
Project Title: �R place HVAC eauioment and update oarftls (Phalli
Location: ggindIon ElaMgntary
Type of Fecillty: Grades k-5
NoM CardM Gener8l Statutes„ Chspter't 8C, l7MyJdes dW a pwtan of the tsaocreeds of to North Carolina State
t a[tary Fund be travaWned to the Pubtie 80001 &A"V Capstsl Fund In accords nce wdb G S. 4AWM I Further.
G$.116C'.W2 (d) has been arhertderi to Include the
(8? AIa t sill have ta prnnrtide � tbrrds . , - 1 .
(4) A may use mones m to Fund to pay for whW conslruort pry in kraei sdml
adnmvstrative units artd to retire indebtsidneft umrr+ed for arbaol amstroahch per.
(6) A ceu* may na use mordes in ft Fund to pay for achool tedano109y raeds, .
As used in ft sec Wn, ' Put& Gehool 13~ t WOWS 0* ft*fts for lwfduW s O
we used for M*uWmvg anti related pumoses, oW does not Include ce" ate, mlhtd� 0r
fadliftem App*AWWa mast be MA"09d *Oft 0" yesrkftwbp ft ®fakir of &W Payer I* the Mn&"W
or Vaortor , s .. . , ,
Short description of Construction Project:
EAmated Coats:
Purchase of Land
Planning and Design Services
New Construction
$ 23,000.00
$
Additions 1 Renovations $
Repair
Debt Payment / Bond Payment
Classroom Teachers
TOTAL
r # I f II
$
$ 223
Estimated Project Beginning Date: August 2014_ I Est. Project Compledon Date: Aunupt 201a
We, the undersigned, agree to submit a statement of stale monies expended for this project within 60 days foikswing
completion of the project.
The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and
request release of $ 223.0Q0.00 from the Public School Building Capttal Fund (Lottery
Distribution). We certify that the project herein described Is within the Parameters of G.S.115C -648.
(Signature - Chair, County Commissioners) (Date)
(Signature - Chair, Board of
Form Dats July 01, 2011
Board of Commissioners - June 2, 2014
ITEM: 7 - 2 - 5
APPLICATION
PUBLIC SCHOOL BUILDING CAPITAL FUND
NORTH CAROLINA EDUCATION LOTTERY
Approved:
Date: May 13.2014
CounW. New Hanover Contact Person: Eddy- AndeWn _
LEA: Nenr Hanover COurFtv M2 211 _ Title: Director. Facilities
Address e410 ;amllna Beach a d WIlmington, NQ 2Q412 Phone: (9101254 -428 ,
Project Title: Replace FfVAC eouloment and update controls (Phase I)
Location: Eaton Elementary
Type of Facility. Grades L&
North Carolina GerwW Su* tes, Chapter 18C Pmmdss titer a Poi M of 00 0000eds of the North Carotins
Lottery Fund be trarmbrr+ed to the Ptbilo Sctrod Bu icbrrg Capital FWW In occerdarim wsth G.S. I I Sc w 2. Furihar.
G.S. 115C-M.2 (d) has been amended to include the fo§ ;
(8) iD aourrth Saar It to, pr We matching funds.
(4) A county may use morsres in this Fund b pay for school canphudfon pr's in local odmol
adinwastrava units and to tours InddAmI Tess wgvnud for aded comWuotlon p pc s. ,
(S) A cwjr4 aW not use monm m this FwW to pay for sdrooi 101*00ogy needy
As used in On sedlon,'Public Sob" Bu"W shall bXhWe only JvAfts for mdtsltdatal schotds that
am treed for irrstrtxriro W and related purpoaa, and does not moolude adrn Strabcm, nUftenartM trr other
ficibm ,I9llae6ans moat be su bmtHed wilbin tt x year lislJowft rile date offbral paYM& to the conbsew
or Vander
Short descriplion of Construction Project:
Estimated Costs:
Purchase of Land
Planning and Design Services
New Construction
Additions/ Renovations
Repair
Debt Payment 1 Bond Payment
Classroom Teachers
TOTAL
$ 23
$
�Ijl 1 1 1 Ill
$
Estimated Project Beginning Date: August 2D14 -- _ Est. Project Completion Date: _ Auoust 20116
We, the undersigned, agree to submit a statement of state monies expended for this project within 60 days following
completion of the project.
The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and
request release of $ PUNA from the Public School Building Capital Fund (Lottery
Distribution). We certify that the project herein described Is within the Parameters of G.S. 1150 -W. -
(Signature- Chair, County Commissioners) (Date)
Board of Commissioners - June 2, 2014
ITEM: 7 - 2 - 6
APPLICATION Approved:
PUBLIC SCHOOL BUILDING CAPITAL FUND
NORTH CAROLINA EDUCATION LOTTERY Hate: _ May 13.2014
County: New Hanover- Contact Person: Eddie A
LEA: New Hanover Quntv 90110011 Title: Dirgetor, Facilities
Addsm: 6410 Carolina Bach Road Wilmi C 28412 Phone: (910) 2 81
Project Title: Re la 2 h
Location: wilfim Middle
Type of Facility: Gra d 12
North Carolina General 8teit Ass, Chapter 1 OC provides that a P�� of the proceeds of the North Carolurre State
Leftteery Fund be transferred to the Public School Building Capital Fond in accordance ;oath G S 1150 -646.2 Further.
G S 116CAM 2 (d) has been amended to include the fbbDwwnV
(3) No county stall hris to provide metchiV funds local schoc+l
(4) A county may use monies in this Fund to pay for school aonshuction projects m
admintctretwe � sa into indebtedness
t debte d pay for school h y needs. erects.
(51 A county may
As used rn this eerdton, 'Public School 8ueldinas' shag include only facAdws for individual schoole that
are used fbr mstrud&W and Mated purposes, end does not mcluda central admir>rstratton. maintenance: or other
Woes. Appfh effi na must be so mitt od wl0iff one yearfalloWne the data of final pelYment 90 the Contractor
or Vendor
Short description of Construction Project: Replace an &r refurbish t4wo 905111110 Iliers as of th 4 i e hpik
and 000lina
Estimated Costs:
Purchase of Land $
Planning and Design Services $ 20,000-00
New Construction
Additions 1 Renovations
Repair
Debt Payment/ Bond payment
Classroom Teachers
TOTAL
$ 150.500.00 _
$ 170.50Q.00
Estimated Project Beginning Date: 4 Est. Project Completion Date: A ust 2016
We, the undersigned, agree to submit a statement of state monies expended for this project vrithin 60 days following
completion of the project.
The County Commissioners and the Board of Education do hereby jointly request approval of the above Project, and
request release of $ 170.50Q.00 from the Public School Building Capital Fund (Lottery
Distribution), We certify that the project herein described Is within the Parameters of G.S.115C -548.
(Slanature – Chair, County Commissioners) (Date)
Form Date: July 01, 2011
Board of Commissioners - June 2, 2014
ITEM: 7 - 2 - 7
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 2, 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 -079 Department of Social Services
14 -080 Sheriff
14 -081 Emergency Management & 911 Communications
14 -082 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 -079
B/A 14 -080
B/A 14 -081
B/A 14 -082
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners - June 2, 2014
ITEM: 8
AGENDA: June 2, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET
BY BUDGET AMENDMENT 14 - 079
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 14 -079 be made to the annual budget ordinance for the fiscal year ending
June 30, 2014.
Section 1: Details of Budget Amendment
Strategic Focus Area: Strong Financial Performance
Strategic Objective(s): Control costs and manage the budget
Fund: General
Department: Department of Social Services
Expenditure:
Decrease
Increase
Department of Social Services
$22,233
Total
$0
$22,233
Revenue:
Decrease
Increase
Department of Social Services
$22,233
Total
$0
$22,233
Section 2: Explanation
Additional monies received through DSS incentive payments will be used to administer the Family Support
Program. 100% funded through IV -D incentive payments.
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 -079, amending the annual budget
ordinance for the fiscal year ending June 30, 2014, is adopted.
Adopted, this 2nd day of June, 2014.
(SEAL)
Woody White, Chairman
ATTEST:
Sheila L. Schutt, Clerk to the Board
Board of Commissioners - June 2, 2014
ITEM: 8 - 1 - 1
AGENDA: June 2, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET
BY BUDGET AMENDMENT 14 - 080
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 14 -080 be made to the annual budget ordinance for the fiscal year ending
June 30, 2014.
Section 1: Details of Budget Amendment
Strategic Focus Area: Strong Financial Performance
Strategic Objective(s): Control costs and manage the budget
Fund: General
Department: Sheriff
Expenditure:
Decrease
Increase
Sheriffs Office
$1,950
Total
$0
$1,950
Revenue:
Decrease
Increase
Sheriffs Office
$1,950
Total
$0
$1,950
Section 2: Explanation
The Good Shepherd Fund, a local organization promoting the G.R.E.A.T. (Gang Resistance Education and
Training) program awarded the Sheriffs Office a S1,950 grant. These funds will be used to purchase shirts for
participants in the Safe Summer Camp, a program that gives children the life skills necessary to avoid
involvement with drugs, gangs, and violence. No County match is required.
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 -080, amending the annual budget
ordinance for the fiscal year ending June 30, 2014, is adopted.
Adopted, this 2nd day of June, 2014.
(SEAL)
Woody White, Chairman
ATTEST:
Sheila L. Schutt, Clerk to the Board
Board of Commissioners - June 2, 2014
ITEM: 8 - 2 - 1
AGENDA: June 2, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET
BY BUDGET AMENDMENT 14 - 081
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 14 -081 be made to the annual budget ordinance for the fiscal year ending
June 30, 2014.
Section 1: Details of Budget Amendment
Strategic Focus Area: Strong Financial Performance
Strategic Objective(s): Control costs and manage the budget
Fund: General Fund
Department: Emergency Management & 911 Communications
Expenditure:
Decrease
Increase
Emergency Management & 911 Communications
$13,574
Total
$0
$13,574
Revenue:
Decrease
Increase
Emergency Management & 911 Communications
$13,574
Total
$0
$13,574
Section 2: Explanation
The Brunswick Nuclear Plant (BNP) has agreed to fund updating the Standard Operating Guides (SOGs) for
potential nuclear events. Due to time and staff constraints this project cannot be done in -house at this time.
Therefore, a consultant will help write the plans and bill Emergency Management as various phases of the
project are completed. No County funds will be expended during this process. The project is expected to be
completed around December 2014.
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 -081, amending the annual budget
ordinance for the fiscal year ending June 30, 2014, is adopted.
Adopted, this 2nd day of June, 2014.
(SEAL)
Woody White, Chairman
ATTEST:
Sheila L. Schutt, Clerk to the Board
Board of Commissioners - June 2, 2014
ITEM: 8 - 3 - 1
AGENDA: June 2, 2014
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2014 BUDGET
BY BUDGET AMENDMENT 14 - 082
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 14 -082 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: General
Department: Sheriff
Expenditure:
Decrease
Increase
Sheriffs Office
$59,783
Total
$0
$59,783
Revenue:
Decrease
Increase
Sheriffs Office
$59,783
Total
$0
$59,783
Section 2: Explanation
To budget 1) insurance proceeds of S8,437 for a wrecked vehicle and 2) reimbursement of S51,346 for
overtime pay, laboratory, juror transportation, and case filing fees.
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 -082, amending the annual budget
ordinance for the fiscal year ending June 30, 2014, is adopted.
Adopted, this 2nd day of June, 2014.
(SEAL)
Woody White, Chairman
ATTEST:
Sheila L. Schutt, Clerk to the Board
Board of Commissioners - June 2, 2014
ITEM: 8 - 4 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 2, 2014
REGULAR
DEPARTMENT: Sheriff PRESENTER(S): Sheriff Ed McMahon
CONTACT(S): Fonda Sykes, Grants Management
SUBJECT
Public Hearing and Consideration of Approval to Submit a Joint Application with the City of
Wilmington to the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for 2014
Funding from the U.S. Department of Justice
BRIEF SUMMARY:
The JAG program provides states and units of local governments with critical funding necessary to support a
range of program areas including law enforcement, prosecution and court programs, prevention and
education programs, corrections and community corrections, drug treatment and enforcement, crime victim
and witness initiatives, and planning, evaluation, and technology improvement programs.
New Hanover County and the City of Wilmington are certified as disparate agencies; therefore 2014 JAG
Grant funding in the amount of $80,393 is eligible as a joint allocation, $40,196.50 each agency. Submittal
of a joint application is required for disparate agencies. The New Hanover County portion of the funding
would be used to pay for electrical wiring update for the SABLE helicopter.
The JAG grant process requires a public hearing to be held for discussion on use of funds.
A Memorandum of Understanding between New Hanover County and the City of Wilmington is required as
part of the JAG grant process. There is no local match requirement. The grant application is available for
review in the County Manager's Office.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Conduct a public hearing on the use of the 201 4
authorize the Sheriffs Office to submit a joint
Wilmington, and authorize the County Manager
Understanding.
ATTACHMENTS:
2014 JAG GRANT APPLICATION
Memorandum of Understanding
JAG grant funding. After closing the public hearing,
application for the 2014 JAG grant with the City of
to execute the required County /City Memorandum of
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners - June 2, 2014
ITEM: 9
Recommend approval.
COMMISSIONERS' ACTIONS:
Conducted public hearing and approved 4 -0.
Board of Commissioners - June 2, 2014
ITEM: 9
New Hanover County Contract # 14-0339
New Hanover County Contract #
lxmmfi@� a 473
This Memorandum of Understanding is entered into this the - day of _, 2014 by and
between the undersigned officials of New Hanover County, North Carolina ( hereinafter referred to as
"County") and the City of Wilmington, North Carolina (hereinafter referred to as "City") in order to
facilitate obtaining Edward Byrne Memorial Justice Assistance Grants {JAG) through the United States
Department of Justice. Further, all understandings contained herein are contingent upon the timely
passage of appropriate funding resolutions by the parties' respective governing bonds,
I IN
WHEREAS, the United States Department of Justice has announced the availability of certain
Edward Byrne Memorial Assistance Grant Funds through its Office of Justice Programs, Bureau of
Justice Assistance; and
WHEREAS, pursuant to federal law The Attorney General of the United States and The United
States Department of Justice, Bureau of Justice Statistics, has determined and certified that the County
bears more than fifty percent of the prosecution or incarceration costs arising from Part I violent crimes,
and
WHEREAS, the County and the City recognize that it would be in the mutual best interest of all
parties, as well as, the furtherance of the public interest and advancement of public safety, to cooperate
one with the other in the Edward Byrne Memorial Justice Assistance Grant Process, and further, to enter
into an agreement to equitably share said grant funds.
NOW THEREFORE, the parties hereto enter into the following mutual understanding contained
herein:
I The County and City shall join in the herein described grant process, shall use their best
efforts to facilitate said process to include, but not limited to, the submission of
appropriate and timely funding resolutions to their respective governing boards, and shall
cooperate one with the other.
The parties hereto agree to share on a percentage based distribution (50% City and 50%
County) of any and all funds awarded under the Edward Byrne Memorial Justice
Assistance Grant and further each party shall determine their individual funding needs.
The above stated percentages shall be adjusted accordingly to reflect the actual cost of the
equipment to be acquired.
Based on the individual funding needs as determined by the parties and subject to the
approval of each party's governing board, each party may contribute a proportional share
of any matching funds if deemed appropriate.
and Page I of 3 G K 1AL
Board of Commissioners - June 2, 2014
ITEM: 9 - 2 - 1
New Hanover County Contract # 14-0339
New Hanover County Contract 4
4. In the event the actual grant award is less than the original amount requested then the
amount awarded to each party shall be proportionately decreased and each party's
matching fund share be proportionately decreased (i.e., if the overall grant award is
reduced by 10% then the amount to the County and/or the City would decrease by 10%
and the matching funds contributed by either the County and/or the City would be
reduced by 10%).
5. The City shall act as lead agency and shall be responsible for the following: submitting
the grant, application filing all necessary attachments on behalf of both agencies for the
required application; receive the electronic drawdown; and transfer the shared portion to
the County; and handle grant monitoring and close-out. Further, the County shall provide
the City with receipts of the designated expenditures in order for the City to submit the
appropriate financial and program reports. No administrative fee shall be charged by
either party. All funds will be used strictly for law enforcement purposes,
6. The City Manager has designated the City Police Department Grant Manager to submit
the application on behalf of both parties and shall provide any additional documents
requested by the JAG program office.
7. This agreement shall commence on the day of _, 2014, and shall remain in
effect until completion of the grant award pursuant to the Fiscal Year 2014 Edward Byrne
Memorial Justice Assistance Grant.
8. The terms and provisions enumerated. herein shall constitute the entire understanding
between the parties. This Memorandum of Understanding shall not be modified or
otherwise amended except in writing signed by the parties.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of
the day and year first above written.
U NEW HANOVER COUNTY, NORTH CAROLINA
1771
County Manager
ATTEST:
Clerk to the Board
CITY OF WILMINGTON
City Manager
City Clerk
Page 2 of 3
and
Board of Commissioners - June 2, 2014
ITEM: 9 - 2 - 2
New Hanover County Contract # 14-0339
New Hanover County Contract #
This instrument has been pre-audited in the manner required by the Local
Government Budged and Fiscal Control Act.
(OL
County Finance Director
Approved as to form:
County Attorney
Approved as to form.
City Attorney
City Accountant's Certification
This instrument has been preaudited in the manner required by the Local
Budget and Fiscal Control Act this the day of -, 2014,
City Finance Director
=1
Page 3 of 3
Board of Commissioners - June 2, 2014
ITEM: 9 - 2 - 3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 2, 2014
REGULAR
DEPARTMENT: PRESENTER(S): Chris Coudriet, County Manager
CONTACT(S): Cam Griffin, Budget Director
SUBJECT
Public Hearing on the Fiscal Year 2014 -2015 Recommended Budget
BRIEF SUMMARY:
The Board of County Commissioners will review the Fiscal Year 2014 -2015 recommended funding with
specific organizations and hold a public hearing at 6:00 p.m., or thereafter, to receive public comments on the
Fiscal Year 2014 -2015 Recommended Budget.
6:05 p.m. Donald Hayes, Chairman, New Hanover County Board of Education
Dr. Tim Markley, Superintendent, New Hanover County Schools
6:20 p.m. Camellia Rice, Senior Vice President of Business and Institutional Services
Cape Fear Community College
STRATEGIC PLAN ALIGNMENT:
Effective County Management
• Understand and act on citizen needs
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Conduct public hearing.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Conduct public hearing.
COMMISSIONERS' ACTIONS:
Conducted public hearing.
Board of Commissioners - June 2, 2014
ITEM: 10
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 2, 2014
REGULAR
DEPARTMENT: PRESENTER(S): Lisa Wurtzbacher, Finance Director
CONTACT(S): Lisa Wurtzbacher
SUBJECT
Consideration of Resolutions Relating to a New Hanover County School Bond Issue
BRIEF SUMMARY:
A presentation was made by Dr. Tim Markley and representatives of the New Hanover County School Board
at the Board of County Commissioners May 5, 2014 meeting regarding the need for a proposed bond issue
and a request to approve a school bond referendum to be included on the November 2014 ballot.
The stated need per the presentation given by Dr. Tim Markley exceeded $280 million and included 25
different projects. Per analysis and review of the County's current debt limits, staff cannot recommend an
amount greater than $160 million in general obligation bonds to be issued through fiscal year 2020. This
amount and schedule keeps the County within its debt policy limitations with sufficient capacity for other
County needs that may not be currently known. Per discussions with representatives from New Hanover
County Schools, $160 million would allow for the completion of 14 projects on the list of highest project
priorities presented at the May 5, 2014 Board of County Commissioners meeting.
Should the Board of County Commissioners desire a school bond referendum to be included on the
November 2014 ballot, staff must file an application with the Local Government Commission and publish a
notice of intent.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Support programs to improve educational performance
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve amount of general obligation bonds to be considered on the application
filed with the Local Government Commission.
2. Adopt resolution authorizing the Finance Director and the County Manager to
file an application with the Local Government Commission and resolution
directing staff to publish a notice of intent.
ATTACHMENTS:
Findings Resolution
Resolution Directing Notice of Intent
Board of Commissioners - June 2, 2014
ITEM: 11
Notice of Intent
Resolution to Apply to Local Government Commission
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Authorize an application to the Local Government Commission not to exceed $160 million.
COMMISSIONERS' ACTIONS:
Approved amount of general obligation bonds to be considered on the application
filed with the Local Government Commission 4 -1.
Adopted resolution authorizing the Finance Director and the County Manager to
file an application with the Local Government Commission and resolution
directing staff to publish a notice of intent 3 -1, Chairman White dissenting.
Board of Commissioners - June 2, 2014
ITEM: 11
RESOLUTION OF THE BOARD OF COMMISSIONERS
OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA
MAKING CERTAIN STATEMENTS OF FACT
CONCERNING PROPOSED BOND ISSUE
WHEREAS, the Board of Commissioners (the "Board of Commissioners") of the County of
New Hanover, North Carolina (the "County") is considering the issuance of bonds of the County which
shall be for the following purpose and in the following maximum amount:
$160,000,000 of bonds to pay the costs of constructing, improving, and
renovating school facilities, specifically including, among other things,
the construction and renovation of classroom facilities and district -wide
improvements for safety, security, technology and building
infrastructure, the acquisition and installation of furnishings and
equipment, and the acquisition of land or rights —in —land required
therefor.
WHEREAS, certain findings of fact by the Board of Commissioners must be presented to enable
the Local Government Commission of the State of North Carolina to make certain determinations as set
forth in Section 159 -52 the North Carolina General Statutes, as amended.
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners, meeting in open
session on the 2nd day of June, 2014, has made the following factual findings in regard to this matter:
A. Facts Regarding Necessity of'Proposed Financing. The proposed bonds are necessary
and expedient to pay the costs of constructing, improving, and renovating school facilities, specifically
including, among other things, the construction and renovation of classroom facilities and district -wide
improvements for safety, security, technology and building infrastructure, the acquisition and installation
of furnishings and equipment, and the acquisition of land or rights —in —land required therefor.
B. Facts Supporting the Amount of'Bonds Proposed. The sum estimated for these bonds is
adequate and not excessive for the proposed purposes. Estimates for the proposed projects to be financed
with such bonds have been carefully analyzed and determined by persons knowledgeable about the
proposed projects.
C. Past Debt Management Procedures and Policies. The County's debt management
procedures and policies are excellent and have been carried out in compliance with law. The County
employs a Finance Director to oversee compliance with applicable laws relating to debt management.
The Board of Commissioners requires annual audits of County finances. In connection with these audits,
compliance with laws is reviewed. The County is not in default in any of its debt service obligations.
The County Attorney reviews all debt - related documents for compliance with laws.
D. Past Budgetary and Fiscal Management Policies. The County's budgetary and fiscal
management policies have been carried out in compliance with laws. Annual budgets are closely
reviewed by the Board of Commissioners before final approval of budget ordinances. Budget
amendments changing a function total or between functions are presented to the Board of Commissioners
at regular Board of Commissioners meetings. The Finance Director presents financial information to the
Board of Commissioners which shows budget to actual comparisons annually and otherwise as the
County Manager deems necessary or as a member of the Board of Commissioners may request.
E. Increase in Taxes; Retirement of Debt. The increase in taxes, if any, necessary to
Board of Commissioners - June 2, 2014
ITEM: 11-1 -1
service the proposed debt will not be excessive. The schedule for issuance anticipates issuing the bonds
in one or more series beginning in fiscal year 2015.
F. Effective Date. This Resolution is effective immediately on its adoption.
READ, APPROVED AND ADOPTED this 2nd day of June, 2014.
Clerk to the Board
APPROVED AS 'fo FORM:
County Attorney
Bv:
Chairman of the Board of Commissioners
Board of Commissioners - June 2, 2014
ITEM: 11- 1 - 2
RESOLUTION OF THE BOARD OF COMMISSIONERS
OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA
DIRECTING THE PUBLICATION OF NOTICE OF INTENTION
TO APPLY TO THE LOCAL GOVERNMENT
COMMISSION FOR APPROVAL OF BONDS
WHEREAS, the Board of Commissioners (the "Board of Commissioners") of the County of
New Hanover, North Carolina (the "County") is considering the issuance of general obligation bonds of
the County which shall be for the following purpose and in the following maximum amount:
$160,000,000 of bonds to pay the costs of constructing, improving, and
renovating school facilities, specifically including, among other things,
the construction and renovation of classroom facilities and district -wide
improvements for safety, security, technology and building
infrastructure, the acquisition and installation of furnishings and
equipment, and the acquisition of land or rights —in —land required
therefor;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners that the Clerk to the
Board is hereby directed to cause a copy of the "NOTICE OF INTENTION To APPLY TO THE LOCAL
GOVERNMENT COMMISSION FOR APPROVAL OF BONDS" to be published in The Wilmington StarNews on
June 6, 2014.
BE IT FURTHER RESOLVED that this Resolution shall become effective on the date of its
adoption.
READ, APPROVED AND ADOPTED this 2nd day of June, 2014.
Clerk to the Board
APPROVED AS To FORM:
County Attorney
Bv:
Chairman of the Board of Commissioners
Board of Commissioners - June 2, 2014
ITEM: 11- 2 - 1
NOTICE OF INTENTION TO APPLY TO THE
LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF BONDS
NOTICE IS HEREBY GIVEN of intention of the undersigned to file application with the Local
Government Commission, Raleigh, North Carolina for its approval of the issuance of general obligation
bonds of the County of New Hanover, North Carolina which shall be for the following purpose and in the
following maximum amount:
$160,000,000 of bonds to pay the costs of constructing, improving, and
renovating school facilities, specifically including, among other things,
the construction and renovation of classroom facilities and district -wide
improvements for safety, security, technology and building
infrastructure, the acquisition and installation of furnishings and
equipment, and the acquisition of land or rights —in —land required
therefor.
Any citizen or taxpayer of the County of New Hanover, North Carolina objecting to the issuance
of said bonds, within seven days after the date of publication of this notice, may file with the Local
Government Commission, 325 N. Salisbury Street, Raleigh, North Carolina 27603, Attention: Secretary,
and with the undersigned a written statement setting forth each objection to the proposed bond issue and
such statement shall contain the name and address of the person filing it.
BOARD OF COUNTY COMMISSIONERS OF THE
COUNTY OF NEW HANOVER, NORTH
CAROLINA
/s/ Sheila L. Schult
Sheila L. Schult
Clerk to the Board
County of New Hanover, North Carolina
Board of Commissioners - June 2, 2014
ITEM: 11- 3 - 1
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER,
NORTH CAROLINA AUTHORIZING THE FINANCE DIRECTOR TO APPLY TO THE
LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF THE COUNTY'S PROPOSED
GENERAL OBLIGATION BOND FINANCINGS AND TO SUBMIT SUCH
APPLICATION TO THE LOCAL GOVERNMENT COMMISSION
WHEREAS, the Board of Commissioners (the "Board of Commissioners") of the County of
New Hanover, North Carolina (the "County ") proposes to set a public hearing on the following Bond
Order entitled:
BOND ORDER AUTHORIZING THE ISSUANCE; OF $160,000,000 GENERAL
OBLIGATION SCHOOL BONDS OF THE COUNTY OF NEW HANOVER,
NORTH CAROLINA"
WHEREAS, it is necessary, as a condition to the consideration and adoption of the Bond Order,
to submit an Application to the Local Government Commission for Approval of the Bonds, all in the
manner required by The Local Government Bond Act.
NOW, THEREFORE, be it resolved by the Board of Commissioners that the Finance Director of
the County is hereby directed to file with the Local Government Commission an application for its
approval of the general obligation bonds hereinbefore described, on a form prescribed by said
Commission, and (1) to request in such application that said Commission approve the County's use of
Parker Poe Adams & Bernstein LLP, as bond counsel for the County and (2) to state in such application
such facts and to attach thereto such exhibits in regard to such general obligation bonds and to the County
and its financial condition, as may be required by said Commission.
BE IT FURTHER RESOLVED that this Resolution shall become effective on the date of its
adoption.
READ, APPROVED AND ADOPTED this 2nd day of June, 2014.
Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Bv:
Chairman of the Board of Commissioners
Board of Commissioners - June 2, 2014
ITEM: 11- 4 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 2, 2014
REGULAR
DEPARTMENT: PRESENTER(S): Benjamin Andrea, Current Planner (PB Rep: Ted
Shipley)
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.
This item was continued from the March 10, 2014 Board of Commissioners meeting. The continuance was
based on the observation that some of the plans and documents submitted as part of the application were not
in compliance with 21 NCAC 56.1103 regarding treatment of engineering documents.
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:
Board of Commissioners - June 2, 2014
ITEM: 12
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.
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 March BOC Minutes for Item
S -617 Petition Summary
S -617 Neighbor Properties Map
S -617 Zoning - Aerial Map
S -617 Proposed Site Plan Cover Sheet
S -617 Proposed Site Plan
S -617 Applicant Materials Cover Sheet
S -617 Application Package
S -617 Site Survey
S -617 Traffic Impact Worksheet With Analysis
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:
A motion to approve failed by a vote of 2 -2, Chairman White and Vice -Chair Dawson dissenting.
Board of Commissioners - June 2, 2014
ITEM: 12
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 - June 2, 2014
ITEM: 12- 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
This item was continued from the March 10, 2014 Board of Commissioners meeting. The
continuance was based on the observation that some of the plans and documents submitted as
part of the application were not in compliance with 21 NCAC 56 .1103.
Minutes for the item from the March, 10 2014 meeting can be found at Book 33, Pages 36
through 39 within the minute record books. These pages have also been included as an
addendum to this staff summary.
In response to the Board's request, the applicant has provided updated materials with notes
and certifications, as well as a copy of the additional, unrevised application materials.
At the March 10, 2014 meeting, three members of the public spoke in opposition to the
request, citing concerns about traffic and generally opposing the proposed multifamily
component of the project.
This remaining content of this staff summary remains unchanged from the version included in
the March 10, 2014 meeting agenda package.
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 1 -140 Wilmington Bypass near
S -617, (1/14)
Board of Commissioners - June 2, 2014
ITEM: 12- 2 - 1
Page 1
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
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.
S -617, (1/14) Page 2
Board of Commissioners - June 2, 2014
ITEM: 12- 2 - 2
Summary of Request
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 subject
property includes 7 parcels totaling 37.9 acres within a B -1 Business District, and is located
adjacent to the Lowes Home Improvement store near the intersection of Market Street and
Porters Neck Road. The subject site is currently vacant and undeveloped.
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
„D„
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.
S -617, (1/14)
Board of Commissioners - June 2, 2014
ITEM: 12- 2 - 3
Page 3
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
Figure 2 — CAMA Land Use Classifications
r
e
f'
i
V
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( s �.�
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1
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r fi
The subject site is divided into two CAMA Land Use Classifications.
The light green represents Wetland Resource Protection Area and
pervious pavement, and directing the grey represents Transition Area. The hatched areas represent
rooftop runoff to landscaped the delineated wetlands.
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.
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.
S -617, (1/14)
Board of Commissioners - June 2, 2014
ITEM: 12- 2 - 4
Page 4
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
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.
S -617, (1/14)
Board of Commissioners - June 2, 2014
ITEM: 12- 2 - 5
Page 5
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.
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.
S -617, (1/14)
Board of Commissioners - June 2, 2014
ITEM: 12- 2 - 6
Page 6
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 - June 2, 2014
ITEM: 12- 2 - 7
Page 7
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, MARCH 10, 2014 PAGE 3-5
and forty cubic yards of waste will be taken to the landfill for an estimated tipping fee of $1,770 - $2,360. To date
for ilne current fiscal year, a total of $60,596 in tipping fees (1,027 tons) has been waived.
REGULAR ITEMS OF BUSINESS
ADOPTION OF GIRL SCOUT WEEK PROCLAMATION
Chairman White reported that Rebecca Taylor representing the North Carolina Coastal Pines Girl Scouts
has submitted a proclamation for the Board's consideration to recognize the week of March 10, 2014 as Girl Scout
Week in New Hanover County. Ms. Taylor, accompanied by Girl Scouts, was in attendance to receive the
proclamation.
Vice -Chair Dawson read the resolution into the record and moved for adoption.
Motion: Vice-Chair Dawson MOVED, SECONDED by Commissioner Wolfe, to adopt the proclamation
recognizing the week of March 10, 2014 as Girl Scout Week in New Hanover County as presented. Upon vote, the
MOTION CARRIED 4 TO 0.
A copy or the proclamation is hereby incorporated as part or the minutes and is contained in Exhibit Book
XXXVIII, Page 5.5.
WINTER STORM DEBRIEF AND UPDATE
Emergency Management /911 Director Warren Lee provided an overview of the process utilized in reaction
to the recent winter storm. Opportunities for improvement include yearly updates with host facilities to ensure
operational readiness: conduct additional full-load electrical testing of generators at school shelter sites in
conjunction with County schools' calendar including quarterly preventative maintenance; and work on a more
regular basis with the entities that care for the adults in our community who have medical needs.
Environmental Management Director Joe Sulcyman provided an overview of the progress being made in
picking up the stonn debris in the unincorporated areas of the County. Currently there are nine trucks serving the
unincorporated areas as of yesterday evening over 48,000 cubic yards of debris has been removed with nine of 38
zones cleared. To expedite efficiency, three sites in different County locations have been established as collection
areas. The one take away is that with limited staff to handle the onslaught of phone calls there is a need to bring in
additional staff to assist.
After a brief question and answer period, Chairman White thanked Mr. Lee and Mr. Sulcyman for the
updates.
PUBLIC HEARING AND CONTINUATION OF SPECIAL USE PERMIT 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 UNTIL THE BOARD'S JUNE 16, 2014 MEETING (S -617,
1/14)
Chainuan White opened the Public Hearing and announced that the special use process requires a quasi -
judicial hearing; therefore. the Clerk to the Board must swear in any person wishing to testify. He requested all
persons who signed in to speak or who want to present testimony to step forward to be sworn in.
The following persons were sworn in:
Chris O'Keefe
Ben Andrea
James Black, Jr.
Brautlev White
Lyle Overcash
Bill Batuyios
Matt Nichols
Ken Shan klin
Neal Shepherd
Bette Bauereis
Frank Pinkston
Dick Elmer
Current Planner Ben Andrea presented the 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 and provided a slide overview of
the request.
The request is for residential uses within the current B -1 Business District as part of a mixed -use
development containing 273 multifamily residential units within thirteen buildings, four residential parking garages,
a clubhouse and associated amenities for the residential units, as well as 40,000 square feet of non - residential uses
including "retail, restaurants, hotel, and shops" within five separate buildings. It is classified as Transition and
Wetland Resource Protection Area according to the 2006 CAMA Land Use Plan.
The site is accessed by a stub to the existing Porters Neck district that was installed to serve a 2007
crossing concept which was originally envisioned as a very large retail development with no residential uses. A
Board of Commissioners - June 2, 2014
ITEM: 12- 3 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, MARCH 10, 2014 PAGE 36
Traffic Impact Analysis was conducted in 2007 which led to the current access improvements to the Market Street
intersection. The 2007 Traffic Impact Analysis was updated to reflect the current proposal which was approved by
NCDOT finding that the current proposal is significantly less than the traffic that was to be generated from the
original proposal, and as such, no additional improvements will be required. The Wilmington Metropolitan
Planning Organization performed a traffic count in the area with the results showing 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 ratio of 0.79 and a level of service "D ".
At their February 6, 2014 meeting, the Planning Board voted 6 -0 to recormuend approval of the special use
permit with no one from [lie public speaking in support of [lie request and three people speaking in opposition citing
concerns about traffic congestion and runoff into nearby wetlands. Staff recommends approval concluding that the
applicant has demonstrated that the proposal meets Section 72 -38 of the Zoning Ordinance and 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.
In response to Board questions, Mr. Andrea confirmed that the Exceptional Design Zoning District was not
appropriate for this project due to the 100 foot set -back to the wetlands.
Matt Nichols, attorney for the Petitioner, provided a brief overview of the request highlighting that the
request is for a special use permit for residential use within a commercial district which is currently zoned B -1. He
requested Mr. Shepherd provide an overview of the request.
Neal Shepherd, Blue Ridge Engineering, provided a slide overview of the proposed project highlighting
that substantial infrastructure has been installed on the site including streets, water, sewer and storm water; the
wetlands disturbance permit has been obtained. The Lowes home improvement store was the first building that was
built. The project before the Board is an alternative use for Phase II which incorporates 273 multi - family units and
40,000 square feet of commercial space instead of 100% commercial. An updated traffic study shows that the
current revised mixed -use plan is a 66% reduction in daily traffic than what was previously approved. The roadway
permits for both Phase 1 and 11 are completed and no additional roadway improvements are required.
In response to Board questions concerning the Traffic Impact Analysis report, Lyle Overcash, VHB,
reported that the process used in the analysis included a 31/(, background growth rate to project to 2020 with the
assumption that the apartments would be built out by 2015 and the remaining 40,000 square feet of commercial
space would be built out by 2020. The numbers include the Wal -Mart development as well as the other apartment
complex.
Bill Batyios, Atlantic Appraisal Associates, Inc.. reported that in his professional opinion the proposed
mixed -use project will not substantially injure the values of the surrounding properties and the proposed use is
typical, compatible, and in harmony with the surrounding properties. In response to Board questions concerning if
he had ever not endorsed a project. he reported that there was a boat storage project that lie reviewed with Ids
professional opinion being that the project would not have been the best use of the property and would have had a
negative impact on the surrounding property values.
Chairman White slated that three persons had signed up to speak in opposition to the request.
Bette Baucrcis, resident of Porters Neck Plantation, voiced her concerns to the proposed mixed -use project
stating that she would prefer the original commercial development citing traffic concerns. If approved, she
suggested the following conditions be attached: 1) require the developer to extend Porters Neck Road to intersect
with Military Cutoff Extension which will be built in the near fixture; 2) the occupancy permit for the 273 apartment
units should coincide with completion of the Military Cutoff Extension and not before; and 3) to insure a mixed -use
development, tinning for the 40,000 square feet commercial development should be concurrent with the apartment
construction or specify a certain time frame to which the developer must agree.
Frank Pinkston, resident of Porters Neck, requested that the Developer be held to the original plan for the
area which was for commnercial development and did not include any nnixed -use development.
Dick Elmer, resident of Porters Neck, voiced his concern about the proposed project and the traffic impact.
In rebuttal comments, Attorney Nichols stated that the Developer has done what lie said he was going to do
and the proposed project will not be a negative for this area or to the commercial development. The proposed plan
will significantly reduce traffic counts than what can be done by -right under the current B -1 zoning.
In rebuttal comments concerning the feasibility of the extension of Plantation Road, Mr. Shepherd reported
that the Plantation Road stub could be extended in the future but was not currently supported by the Army Corps of
Engineers and is not included in the Petitioners proposed plan. The biggest issue faced in connection is the
wetlands that are there, no wetlands are disturbed in the current proposal.
In rebuttal comments, Mr. Overcash reported that they worked extensively with the residents during the
previous rezoning request and devised a road plan which included widening the intersection to as marry lanes as was
possible. in the morning travel hours there will be less of a reduction than in the evening travel hours; 25%
reduction in the morning and 60% reduction in the evening from the original commercial use.
Board of Commissioners - June 2, 2014
ITEM: 12- 3 - 2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, MARCH 10, 2014 PAGE 37
In response to rebuttal comments, Ms. Bauercis stated her concern that a comprehensive plan for the entire
area was not being considered staling that she prefers the conunercial development and does not want the additional
apartments.
Hearing no further comments, Chairnian White closed the Public Hearing and requested direction from the
Board.
In response to questions by Vice -Chair Dawson to staff concerning whether they had received the properly
certified engineering documents as required by the North Carolina Licensing Law for Engineers from the Petitioner,
Mr. Andrea responded dial it was his understanding that the docmnents included in the Board packet were all the
documents that have been received. If the seals were not properly included on those documents then that is all that
has been received, confirming that there has not been any updated information provided by the Petitioner to the
Plamning Staff.
In response to the question by Vice -Chair Dawson, Mr. Shepherd responded that the site plans in the
agenda packet are concept plans. The actual engineer construction drawings for the site developments, storm water,
sewer and infrastructure which has already been built, were prepared years ago, and were stamped and scaled. The
normal process is Ihat final plans will follow once the project has received approval. The concept plans are not
stamped and sealed. The Traffic Impact Analysis report is stamped and sealed because it is the final tratffic
engineer's report.
Vice -Chair Dawson voiced her concern that the plans in the agenda packet are not complete as they are not
scaled or signed and are the only plans the Board has to review to make a final decision for a special use permit. If
the documents are prepared by a licensed professional, those documents must adhere to the state laws that regulate
that profession and be properly certified and sealed with the appropriate signatures and/or the plans must be marked
properly as preliminary. She suggested the County Attorney or the Petitioner refer to the North Carolina Board of
Examiners for Engineers and Land Surveyors for any further questions. She offered to work with staff to clarify the
requirements and to ensure complete applications are brought to the Board in the future.
Motion: Vice -Chair Dawson MOVED to table the special use permit request with direction to staff to work with
the Petitioner to bring forward a complete application that contains the proper certification of each and every
opinion drawing, anything prepared by a licensed engineer. for Board review and consideration at a future date.
In response, Mr. Shepherd stated that he is very familiar with the licensing riles and the documents that are
required to be certified are the ones that are submitted for construction drawings, either final drawings for review or
those ready for construction. The plans in the agenda packet are clearly marked "concept" which is allowed by Hie
licensing board. It would not be proper if they had been stamped and sealed. When the plans are finalized after
approval, they will be appropriately stamped. The only final work by an engineer in the packet is the Traffic Impact
Analysis report and it has been signed and scaled.
In response, Commissioner Barfield stated that he could not support the motion because it would mean that
even Board decision made prior to the precedent of scaled documents would be in error.
Chairman While advised the Petitioner that if the special use permit request is denied it may only be
resubmitted at the discretion of the Planning Director, he asked Mr. Nichols if they wished to proceed or continue
the matter.
Mr. Nichols responded that due to the concerns raised by Vice -Chair Dawson that need to be addressed, lie
confirmed that they would like to continue the request.
After brief discussion about the Board calendar, the consensus of the Board is to grant the request of the
Petitioner and continue the consideration of the special use permit request until the Board's June 16, 2014 meeting.
Chairman White offered comments about his personal observance of the traffic issues in the area and
suggested more conversation about the issue when the Board hears tlhe itemh in Julie.
In response to Vice -Chair Dawson's comments, Co my Manager Chris Coudriet stated that the Board's
process is governed by New Hanover County- Ordinances and not by State standards for professional licenses. Staff
does not review the packets submitted by the Petitioners to ensure their compliance with State regulations. He asked
that before the Board adds additional requirements on the development community that they fully understand any
cost implication of those decisions such as applying a sealed stamp to a concept plan and the associated
consequences of that as opposed to issuing a concept plan. Any change the Board wishes to make would need to be
done through the Ordinance, similar to what is being done with the Special Use Permit process where the staff has
embedded a checklist of items. Staff continues to work consistent with the Countv's current Ordinance.
In response to Mr. Coudriet's comments, Vice -Chair Dawson stated that the laws of the State of North
Carolina do apply to the way that the Board governs in the County and it is inherent for staff to ensure that the laws
are being followed on any documentation that is submitted. The potential changes to the Special Use Permit
process may have the County relying more on Federal and State regulations making it even more important to
ensure compliance with Stale laws and ensuring that people doing business with Ilse County are following the letter
of the law.
Board of Commissioners - June 2, 2014
ITEM: 12- 3 - 3
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 Oualit
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 - June 2, 2014
ITEM: 12- 4 - 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 Oualit
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 - June 2, 2014
ITEM: 12- 4 - 1
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ITEM: 12- 6 - 1
PROPOSED
SITE PLAN
Board of Commissioners - June 2, 2014
ITEM: 12- 7 - 1
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APPLICANT
MATERIALS
Board of Commissioners - June 2, 2014
ITEM: 12- 9 - 1
SPECIAL USE PERMIT APPLICATION CLARIFICATION
S-617: Request for @ 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: 1OO 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
Conceptual plans submitted with the Special Use Permit application are conceptual
drawings and are not final design drawings. The conceptuml drawings included in the
application have been marked °Pro|ioninary— Do not use for construction" and certified as
requested. The following documents are included iD the application package.
• Special Use Permit Application, dated October 3l,ZOI3iunchanged\
• Cover Letter, dated December 12,2QI3(unchan8ed)
• Amendment to Special Use Permit Application, addressing 4 items (unchanged)
• Traffic Impact Worksheet, dated October 24,ZU13(unchanged)
• Traffic Impact Report, dated October Z4,2O1S/unchonged\
• Tax Map from NHCvvebsite/unchanged\
• Concept Plan, dated September 15,2D23 (certified preliminary)
• Project Narrative, dated December 12, 2013 (certified preliminary)
• Conceptual Site Plan, dated October 31,ZO13 (certified preliminary)
• Conceptual Building Elevations, dated October 31, 2013 (certified preliminary)
• Conceptual Pedestrian Facilities Plan, dated January 8, 2014 (certified preliminary)
• Conceptual Site Lighting Plan, dated January 7,2O14 (certified preliminary)
• Subdivision Plat, dated November 25,3O08(unchao8ed)
Board ofCommissioners June 2,2014
ITEM: 12'10 1
NEW HANOVER COUNTY
PLANNING & INSPECTIONS
DEPARTMENT
s Vii! SPECIAL USE PERMIT
APPLICATION
230 Government Center Drive
Suite 110
Wilmington, NC 28403
910-798-7165 phone
910-798-7053 fax
www,nhcgov.com
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 Pen-nits require, a fee of $400.00. This fee, payable to New Hanover
County, MUST accompany this petition.
I. 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 I IxI7, please provide ten (10) copies for the Planning Board meeting, You will be asked for an additional thirteen
(13) copies of your site plan if your proposal moves forward to the County Commissioners. Also, please include one (1) reduced
copy of the site plan. Digital submission may be substituted when accurate scaling can be assured.
The following supplemental information is required;
I One copy of current tax map
2 Narrative of proposed use
3 Adjacent property owners and uses
4 Traffic Impact Analysis (if applicable)
5 Site Plan (Ref, Site Plan Checklist) and signed site plan checklist
6 Authority for appointment of agent form (The owner or an attorney must handle the case)
7 Applicant answers to the questions on the application
Note: Applicants should refer to Article 6 & 7 of the Zoning Ordinance for additional requirements for specific uses. The
Planning & Zoning, Planning Board, and/or Board of County Commissioners reserve the right to require additional
information if needed to assure that the use in its proposed location will be harmonious with the area and in accordance with
the Zoning Ordinance of the County of New Hanover,
Page I of 4
SUP (4/10)
Board of Commissioners - June 2, 2014
ITEM: 12- 10 - 2
�7 7,147'' V
Name
Owner Name
Address
Mr. James A. Black, Jr.
Multiple, See Attachment
Company
Owner Name 2
Parcel ID
ACI Pine Ridge, LLC
-dros
Multiple, See Attachment
Ad_
Address
Area
1400 West Northwood St.
-City, -State,
37.90 Acres
Zip
City, State, Zip
Existing Zoning and Use
Greensboro, NC 27408
B-1, Vacant
Phone
Phone
Proposed Use
(336} 383-5901
Mixed Use Development
Email
Email
Lan assification
jimmy@a1lianceccmpaniea,com
958-Unused Land
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 Pen-nits require, a fee of $400.00. This fee, payable to New Hanover
County, MUST accompany this petition.
I. 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 I IxI7, please provide ten (10) copies for the Planning Board meeting, You will be asked for an additional thirteen
(13) copies of your site plan if your proposal moves forward to the County Commissioners. Also, please include one (1) reduced
copy of the site plan. Digital submission may be substituted when accurate scaling can be assured.
The following supplemental information is required;
I One copy of current tax map
2 Narrative of proposed use
3 Adjacent property owners and uses
4 Traffic Impact Analysis (if applicable)
5 Site Plan (Ref, Site Plan Checklist) and signed site plan checklist
6 Authority for appointment of agent form (The owner or an attorney must handle the case)
7 Applicant answers to the questions on the application
Note: Applicants should refer to Article 6 & 7 of the Zoning Ordinance for additional requirements for specific uses. The
Planning & Zoning, Planning Board, and/or Board of County Commissioners reserve the right to require additional
information if needed to assure that the use in its proposed location will be harmonious with the area and in accordance with
the Zoning Ordinance of the County of New Hanover,
Page I of 4
SUP (4/10)
Board of Commissioners - June 2, 2014
ITEM: 12- 10 - 2
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 on
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 Roam 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
St2ecial 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. 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."
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 /10)
Board of Commissioners - June 2, 2014
ITEM _ 12- fl - 3
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 - June 2, 2014
ITEM: 12- 10 - 4
SITE PLAN CHECKLIST
Check each item to confirm that is included. Application will not be deemed complete without addressing each item.
ZTract boundaries and total area, plus location of adjoining land parcels and roadways.
®Existing zoning of the tract and neighboring parcels and proposes[ 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 anchor 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.
1-"' I 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 casements, reservations, required setbacks, rights-of-way, buffering and signage.
The one hundred (100) year floodplain line, if applicable
Location and sizing of trees required to be protected under Section 67 of the Zoning Ordinance.
Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the
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 V11).
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 proposer] 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 hermit. 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. Black, Jr.
Print Natue
Board of Commissioners - June 2, 2014
— ITEM:-4- 1$- 5_ --- .
SUP (4 /10)
ACI Pine Ridge, LLC
1400 West Northwood Street
Greensboro, NC 27408
ACI Pine Ridge, LLC
1400 West Northwood Street
Greensboro, NC 27408
ACI Pine Ridge, LLC
1400 West Northwood Street
Greensboro, NC 27408
ACI Pine Ridge, LLC
1400 West Northwood Street
Greensboro, NC 27408
ACI Pine Ridge, LLC
1400 West Northwood Street
Greensboro, NC 27408
,ACI Pine Ridge, LLC
1400 West Northwood Street
Greensboro, NC 27408
ACI Pine Ridge, LLC
1400 West Northwood Street
Greensboro, NC 27408
R02800-001-178-000 163 Porter's Neck Road
Wilmington, NC f
R02800-001-179-000 168 Porter's Rreck Road
Wilmington,
R02800-001-180-000 178 •. '..d
Wilmington, NC f
ai rf.r '..l..
Wilmington, Wilmington, NC 28411
R02800-001-184-000 179 Porter's Neck Road
*,
R02800-001-185-000 175 Porter's Neck Road'
Wilmington, NC 28411
Board of Commissioners - June 2, 2014
ITEM: 12- 10 - 6
Area
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December 12, 2013
New Hanover County
Planning & Zoning Department
Attn: Benjamin Andrea
230 Government Center Drive — Suite 110
Wilmington, NC 28403
Ref: Porters Neck Crossing
liMixed. Use Development
New Hanover County, NC
Dear Mr. Andrea,
924. Main Street - Suite zoo
North Wilkesboro, NC 28659
(336) 838- 2, 7,00
Firm #P -0205
Attached you will find ten copies of a revised project narrative that more clearly defines elements
of the proposed project which were of concern to the planning staff. Please keep in mind that, assuming
the Special Use Permit is approved, we will certainly provide more detailed design drawings, calculations,
etc. for review and approval by New Hanover County and other authorities having jurisdiction. The
construction drawings will include detailed design of the stormNvater management system, landscaping,
layout, etc.
1 loop forward to working with you as this project progresses. I have asked Mr. Black to submit
the additional $100.00 requested. My mobile number is 336 -984 -6602 if you have any questions.
copy: Jimmy Black
Brantley White
Job File 13021
For the Firm,
Blue Ridge Engineering PLLC
C. Neil Shepherd, , PI S
Principal
Board of Commissioners - June 2, 2014
ITEM: 12- 10 - 7
AMENDMENT TQ SPECIAL USE PERMIT APPLICATION
S-617, 1/14: Request for G Special Use Permit t0 develop 8 mixed use development 0n
a37.9 acre parcel located inaB-1 Business District.
Request By: ACI Pine Ridge, LLC
Location: 100 block of Porters Neck Road, intersection of Market Street and
Porters Neck Road
R02800-001-178-000, R02800-001-179-OOiO, R02800-001-180-000,
The application should be amended to include the following:
I. Conceptual Pedestrian Facilities Plan /otteChed\
2. Proposed uses: Non-residential uses shall be limited to uses allowed in B-1
district
3. Conceptual Lighting Plan (attached)
4. Wetlands Preservation: No wetlands shall be disturbed on site unless all
appropriate approvals are obtained, including review by New Hanover County
staff for conformance with County ordinances.
Board ofCommissioners June 2,2014
ITEM: 12'10 8
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Traffic Impact Worksheet OCT 2 4" 2013
Prior to submission of nonresidential site plan, this worksheet must be prepared. A
Traffic InspactAnalysis will be required for all projects generating 100 peak hour trips
or more. Tice scope of the TIA shall be determined by concurrence of the Planning
Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures
required must be included in the final site plan submitted for review.
PROJECT NAME P-rte-9 Neck Crossing-Mixed Use Development
PROJECT ADDRESS Market St. at Porters NeCX Rd.
DEVELOPER/OWNERACI P.nc Ridge, LLC
EXISTING ZONING B-1
GROSS FLOOR AREA See Attached Report
sq. ft.
NEAREST INTERSECTION qs ,Aleut c-d(
Average Daily Traffic (Date) go-D - zut t gcoo-f r 14W7-
LEVEL OF SERVICE (LOS)
ITE MANUAL TRAFFIC GENERATION ESTIMATE:
*1TE Manuel available at Planning Depattmeat
USE AND VARIABLES: LU..Sgo I - 40j608 SIP I L-Lk z-zc> AP4--S.- 7--lza".
(Example: Racquet Club; 8 courts; Saturday peaks)
AM PEAK HOUR TRIPS (—I(-o PM PEAK HOUR TRIPS -,7(o- 4-
(Traffic generation of 100 peak ho it rh4ps will require Traffic Inip act Analysis Scoping
ineeting with Planning Department) Person Providing Estimate Signature
Peak Hour estimate confirmed by Planning & Zoning on
Date)
1�y
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 1
Memorandum
VHB +M /A /B I Joining Farces
VHB Engineering NC, P.C.
[�� 4000 WestChase Boulevard, Suite 530
Planning I Transportation I Land Development I Environmental Raleigh, NC 27607
919.829.0328 , Fax 919.829.0329
www.vhb.com
To: Neil Shepherd, PE, PLS
Principal
Blue Ridge Engineering PLLC
924 Main Street - Suite 200
North Wilkesboro, NC 28659
From: Lyle Overcash, PE
Director, Transportation Systems
Date: October 24, 2013
Project No.: 38183.00
Re: Porter's Neck Crossing
Phasing Analysis
Porter's Neck Crossing was originally planned as a retail development consisting of a 134,000 square -foot home
improvement store, a 120,000 square -foot free standing discount store, and 181,000 square feet (sf) of general
retail space. A Traffic Impact Analysis (TIA) was completed by Martin /Alexiou /Bryson, P.C. (M /A /B, now VHB
Engineering NC, P.C.) in May 2006. The size of the proposed home improvement store ultimately increased
from 134,000 sf to 170,000 sf, which has been built and is fully operational. The remaining portion of the site,
planned for 190,000 square feet of general retail space, was left to be developed.
In lieu of the 190,000 sf of general retail space, Alliance Commercial Properties now proposes a 40,000 sf of
general retail space and 273 apartments on the remaining portion of the site, as shown in the attached site plan.
The purpose of this phasing analysis is to analyze the proposed development as per the Zoning Code
requirements. The anticipated build year is 2015 for the residential portion and is 2020 for the retail portion.
However, to be conservative, the build year for this analysis is considered to be 2020 when analyzing the
impacts to the US 17 (Market Street) and Porter's Neck Road intersection.
Existing Conditions
The most recent existing turning movement counts were obtained from the US 17 Retail Center TIA, dated
February 14, 2013 and prepared by Ramey Kemp & Associates. The traffic data was collected in October 2012.
During 2009, the traffic signal at US 17 (Market Street) and Porter's Neck Road intersection was significantly
upgraded with the construction of the Lowe's Home Improvement store. The current geometries at this
intersection include all the recommended improvements from the previous Porter's Neck Crossing to
accommodate the full build -out of the retail development, 1.70,000 square -foot home improvement and
190,000 sf of general retail space. The latest signal plan designed by M /A /B was utilized in the analysis, while
cycle lengths and splits were optimized using Synchro's automatic optimization feature. The signal plan and
timings are included in the Appendix. Figure 1 depicts the Existing (2012) AM and PM peak hour turning
movement volumes.
Based on the analysis, the US 17 and Porter's Neck Road intersection is projected to operate at LOS C during the
AM and PM peak hours. Table 1 shows the summary of level of service results for the Existing (2012) scenario
with the full Synchro output in the Appendix.
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 2
Date: October 24, 2013
Project No.: 38183.00
2
Table 1 Existing (2012) Level of Service Results
Figure 1 Existing (2012) AM and PM Peak Hour Turning Movement Volumes
Existing (2012)
Intersection and Approach
US 17
AM Peak
I PM Peak
US 17 (Market Street)
C
C
and Porter's Neck Road
(26.7 sec)
(31.8 sec)
Eastbound
D
D
Westbound
D
D
-� Northbound � �
- �B
C-
Southbound
C
C
Figure 1 Existing (2012) AM and PM Peak Hour Turning Movement Volumes
Background Growth and Development
Based on the US 17 Retail Center TIA, an annual growth rate of three percent (3 %) was applied to the existing
turning movement counts to account for background growth. In addition, two approved developments, US 17
Retail Center and the Amberleigh Shores Development were included.
US 37 Retail Center: This development is planned to consist of approximately 245,500 square -foot of retail
space, two 4,000 square -foot fast food restaurants and a drive -in bank with 5 drive- through Lanes. As
mentioned earlier, a TIA was by Ramey Kemp & Associates on February 14, 2013. The development is projected
to generate 10,388 external daily trips, 511 external AM peak hour trips (292 entering, 219 exiting) and 976
external PM peak hour trips (480 entering, 496 exiting). These trips were distributed to the US 17 and Porter's
Neck Road /Future Planation Road intersection based on the assumed distribution patterns in the report. This
development is proposed to be built out in 2015.
Amberleigh Shores Development: As documented in the US 17 Retail Center TIA, this development is planned to
consist of approximately 282 apartments and will be located along the east side of US 17, south of Marsh Oaks
Drive. A TIA was completed for this development in 2010, with a TIA addendum completed in 2011. The site
trips associated with the Amberleigh Shores Development were extracted from the US 17 Retail Center
Background (2015) turning movement volumes. The trips were distributed to the US 17 and Porter's Neck Road
intersection based on the distribution patterns assumed in the US 17 Retail Center TIA. The No -Build (2020) AM
and PM peak hour turning movement volumes are depicted in Figure 2.
Based on the capacity analysis, the operations at the US 17 and Porters Neck Road intersection will degrade
from LOS C to LOS D during the AM and PM peak hours. Table 2 shows the summary of level of service results
for the No -Build (2020) scenario with the full Synchro output in the Appendix.
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 3
XX AM Peak Hour Turning Movem n1Valu "s
US 17
(Market Street)
(>,)Q PM Peak Hour Turning MovemnlVok —s
(103)
{1155) (185) 143
(114)
55
1170 89 33
(34)
448
(395)
Pork:�'s Neck
Porters Neck Road
Road (132)
01
(80)
32 _ 33 801
242
(98)
9 °"�� (87) (1070)
(326)
US 17
(Market Street)
Background Growth and Development
Based on the US 17 Retail Center TIA, an annual growth rate of three percent (3 %) was applied to the existing
turning movement counts to account for background growth. In addition, two approved developments, US 17
Retail Center and the Amberleigh Shores Development were included.
US 37 Retail Center: This development is planned to consist of approximately 245,500 square -foot of retail
space, two 4,000 square -foot fast food restaurants and a drive -in bank with 5 drive- through Lanes. As
mentioned earlier, a TIA was by Ramey Kemp & Associates on February 14, 2013. The development is projected
to generate 10,388 external daily trips, 511 external AM peak hour trips (292 entering, 219 exiting) and 976
external PM peak hour trips (480 entering, 496 exiting). These trips were distributed to the US 17 and Porter's
Neck Road /Future Planation Road intersection based on the assumed distribution patterns in the report. This
development is proposed to be built out in 2015.
Amberleigh Shores Development: As documented in the US 17 Retail Center TIA, this development is planned to
consist of approximately 282 apartments and will be located along the east side of US 17, south of Marsh Oaks
Drive. A TIA was completed for this development in 2010, with a TIA addendum completed in 2011. The site
trips associated with the Amberleigh Shores Development were extracted from the US 17 Retail Center
Background (2015) turning movement volumes. The trips were distributed to the US 17 and Porter's Neck Road
intersection based on the distribution patterns assumed in the US 17 Retail Center TIA. The No -Build (2020) AM
and PM peak hour turning movement volumes are depicted in Figure 2.
Based on the capacity analysis, the operations at the US 17 and Porters Neck Road intersection will degrade
from LOS C to LOS D during the AM and PM peak hours. Table 2 shows the summary of level of service results
for the No -Build (2020) scenario with the full Synchro output in the Appendix.
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 3
oaw; October o4,zo1a
Project No.: 38183l0
Table No-Build (202 Level of Service Results
Intersection and Approach No-Build (2020)
I AM Pe=akPM Peak
US 17 (Market Street) D D
and Porters Neck Road (38.9 sec) (50.1 sec)
Southbound
Figure No-Build (2020) AM and PM Peak Hour Turning Movement Volumes
»
US 17
Trip Generation
Table 3 below summarizes the previously approved trip generation for this phase of the proposed development
(19O'O8Os[of retail) for typical weekday AM and Pu1 peak hours. This phase of the proposed development was
originally projected to generate 10,307 daily site trips with 230 trips (140 entering, 98 exiting) occurring in the
A&4 peak hour and 63Q trips (296 entering, J34 exiting) im the PM peak hour.
Table Previously Approved Trip Generation Rates (Vehicle Trips)
ITE Land Use Gaf/Units ITE Manual Rates*
-Use Code I I I ADT Enter Ex it— Total
820 lShoi)Dinq Center I 190,000sf 1 10,307 140 90 230
PM Peak Hour Tota I Trips
ITE Land Use
Use Code
IShopping
70
1553 113 42
�43)
—Port�"'
613
(574)
190,000 sf
10,307
Portees Neck Road
497 956
PM Peak Hour Pass-By Trips
ITE Land Use
Use Code
�75)
41 42 1094
343
Enter Ex it Total
820 Shopping Center
34%
10,307
US 17
AM Peak Hour Non -Pass-�M"
ITE Land
Use Code
Use
Gsf]Units
»
US 17
Trip Generation
Table 3 below summarizes the previously approved trip generation for this phase of the proposed development
(19O'O8Os[of retail) for typical weekday AM and Pu1 peak hours. This phase of the proposed development was
originally projected to generate 10,307 daily site trips with 230 trips (140 entering, 98 exiting) occurring in the
A&4 peak hour and 63Q trips (296 entering, J34 exiting) im the PM peak hour.
Table Previously Approved Trip Generation Rates (Vehicle Trips)
ITE Land Use Gaf/Units ITE Manual Rates*
-Use Code I I I ADT Enter Ex it— Total
820 lShoi)Dinq Center I 190,000sf 1 10,307 140 90 230
PM Peak Hour Tota I Trips
ITE Land Use
Use Code
IShopping
GO/Units
ITE Manual Rates*
ADT
Enter
Ex it Total
820 Center
190,000 sf
10,307
459
497 956
PM Peak Hour Pass-By Trips
ITE Land Use
Use Code
Gsf]Units
ITE Manual Rates*
ADT
Enter Ex it Total
820 Shopping Center
34%
10,307
163 163_ 326
AM Peak Hour Non -Pass-�M"
ITE Land
Use Code
Use
Gsf]Units
ITE Manual Rates*
ADT
Enter Ex it
Total
820
Shopping Center
190,000 sf
10,307
140 90
230
PM Peak Hour Non-Pass-By Trips
ITE Land
Use Code
Use
Gsf]Unfts
I
ITE Manual Rates*
I ADT Enter Exit Total
820
Shopping Center
1 190,000 sf
1 10,307
296
334
630
^ITE 7t� Fdition Trip Generation Manual
Board ofCommissioners June 2,2014
ITEM: 12'12 4
Date: October 24, 2013
Project No.: 38183.00
4
By comparison, the next phase of the Porter's Neck Crossing development now proposed is to consist of 40,000
sf retail and 273 apartment units. Trip generation was conducted based on the most appropriate corresponding
trip generation code included in the ITE Trip Generation Manual, 9th Edition, and the suggested method of
calculation in the NCDOT's "Rate vs. Equation" Spreadsheet. As a result, this phase of the proposed
development is projected to generate 3,495 daily site trips with 176 trips (52 entering, 124 exiting) occurring in
the AM peak hour and 264 trips (154 entering, 110 exiting) in the PM peak hour. Table 4 summarizes the
assumed trip generation for the proposed development for typical weekday AM and PM peak hours.
Table 4 Proposed Development Trip Generation Rates (Vehicle Trips)
AM Peak Flour Total Trios
ITE Land
Use Code
UsefilUnits
ADT
ITE Manual Rates*
Eater Exit
Total
820
General Retail 40,000 sf
1,717
24
14
38
220
Apartments 273 units
1,778
28
110
138
Land Use Totals
3,495
52
124
175
PM Peak Hour Total Trins
ITE Land Use
Use Code
GsflUnits
ITE Manual Rates*
ADT
Enter Exit
Total
820 General Retail
40,000 sf
1,717
71 77
148
220 Apartments
273 units
1,778
109 59
168
Land Use Totals
3,495
180 136
316
;M1; .14 r*TFEi '-M all
ITE Land
Use Code
Use
GsfiUnits
ITE Manual Rates*
ADT
Enter
Exit
Total
820
General Retail
34%
-
26
26
52
Land Use Totals
0
26
26
52
ITE Land
Use Code
Use
Gsf7Units
ITE Manual Rates*
ADT
Enter
Exit
Total
820
General Retail
40,000 sf
1,717
24
14
38
220
Apartments
273 sf
1,778
28
110
138
Land Use Totals
3,495
52
424
176
* ITE 9h Edition Trip Generation Manual
When comparing the approved site trips and currently proposed site trips, there is a significant reduction in the
trip generation, with over 66% over the course of a day and over 58% during the critical PM peak hour. In
addition, the residential use proposed adjacent to the retail development will result in some internally captured
to the development, assumed to be 5 %. Table 5 shows the comparison of the previously approved site trips and
currently proposed site trips.
Table 5 Comparison of Trip Generation Rates (Vehicle Trips)
PM Peak Hour Non - Pass -By Trips
AM Peak_
PM Peak
Description
ITE Land
ITE Manual Rates*
Enter Exit Total
Enter Exit Total
Use
GsflUnits
140
90
230
296
Use Code
630
Currently Proposed Development Trips
ADT
52
Enter
Exit
Total
820
General Retail
40,000 sf
1,717
-88
45
51
96
220
Apartments
273 sf
1,778
109
59
168
Land Use Totals
3,495
154
110
264
* ITE 9h Edition Trip Generation Manual
When comparing the approved site trips and currently proposed site trips, there is a significant reduction in the
trip generation, with over 66% over the course of a day and over 58% during the critical PM peak hour. In
addition, the residential use proposed adjacent to the retail development will result in some internally captured
to the development, assumed to be 5 %. Table 5 shows the comparison of the previously approved site trips and
currently proposed site trips.
Table 5 Comparison of Trip Generation Rates (Vehicle Trips)
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 5
AM Peak_
PM Peak
Description
ADT
Enter Exit Total
Enter Exit Total
Previously Approved Development Trips
10,307
140
90
230
296
334
630
Currently Proposed Development Trips
3,495
52
124
176
154
110
264
Net Difference
-6,812
-88
34
54
-142
-224
-366
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 5
Date: October 24, 2013
Project 1 35183.00
E
Trip Distribution and Assignment
The generated site trips were distributed in accordance with the existing traffic patterns and land uses in the
vicinity of the study area as follows:
0 5 %to /from internal commercial driveways
0 45% to /from US 17 (Market Street) to the north
a 40% to /from US 17 (Market Street) to the south
a 10% to /from Porter's Neck Road to the east
In all, 40% of the site trips were distributed to areas south of the site, 55% were distributed to areas north and
east of the site and 5% of site traffic is expected to travel to the surrounding commercial and mixed -use areas
via interconnected driveways.
The proposed development is internally well connected to the commercial development south of the site as
shown in the attached site plan. Some of the exiting site traffic destined for US 17 south is expected use the
driveways associated with the adjacent commercial development, assumed to be approximately 15 %.
The Non - Pass -By site trip distribution percentages are shown in more detail in Figure 3 and the resulting site
trips shown in Figure 4, while the Pass -By site trip distribution percentages and trips are shown in Figure 5 and
Figure 6, respectively. The total site trips generated by the development are shown in Figure 7.
Figure 3 Non- Pass -By Peak Hour Directional Distribution Percentages
Figure 4 Non - Pass -By AM and PM Peak Hour Site Trips
xX> Entering Trip Dis§ibuton Percentage
U 17
S
(Market Street)
XX% I Exiting Trip Distribution Percentage
(Market Street)
45�/`.p4
(ss)
110%
Porter's Neck /' ®
Porter's Neck
Road 45% r, t
i Road
10% „�.,,.,r 40
25%
t
58 ___,411 t
US 17
(11)
(Market Street}
Figure 4 Non - Pass -By AM and PM Peak Hour Site Trips
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 6
XX A Peak Hour Site Trips
US 17
(Market Street)
[XX} PM Peak Hour Sid Trips
(ss)
29
5
(15)
ip—
Porter s Neck
Road (50)
t
58 ___,411 t
Porter's Neck Road
(11)
12 _o. 21
(28)
31 "-- (82)
Us 17
(Market Street)
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 6
Date: October 24, 2013
Project No.: 38183.00
Figure 5 Pass -By PM Peak Hour Directional Distribution Percentages
Figure 6 Pass -By PM Peak Hour Site Trips
YX5.7 Enfering Trip Qistributon Percentage
Peak Hour Site Trips
JS 17
US 17
(Market street)
XX% Exiting Trip Oisiribution Percentage
0%
-50%
{Market Street}
(Market Street)
Peak hour Total Sib
(XX) PM
Porter's Neoki
Porter's Neck
_. Road 60°t
v`
✓' �;'- 1
Road
50%
`–'� 50 °n -50%
5
"V—
US 17
I0
Porters Neck
(Market Street)
Port Neck
Road
Figure 6 Pass -By PM Peak Hour Site Trips
Figure 7 AM and PM Peak Hour Total Site Trips
XX AM
Peak Hour Site Trips
US 17
{Market Street}
(Market Street)
Peak hour Total Sib
(XX) PM
Peak Hour Site Trips
(62)
(13) (0)
0
(0)
23
�
5
"V—
I0
Porters Neck
(0)
Port Neck
Road
(63)
T
56
Porter's Neck Road
t__..
Road (13)
� _�.
(11)
12 ,_- 21 0
p/
(41)
31 "'� (75) -(1.3)
(0)
US 17
US 17
(Market St eet)
Figure 7 AM and PM Peak Hour Total Site Trips
6
Build (2020)
Build (2020) AM and PM peak hour turning movement volumes include the No -Build (2020) volumes with the
addition of total site trips generated by this phase of the proposed development. Figure 8 depicts the turning
movement volumes used in the Build (2020) scenario.
Based on the analysis, the US 17 and Porter's Neck Road intersection will continue to operate at LOS D during
the AM and PM peak hours. Table 6 shows the summary of level of service results for the Build (2020) scenario
and the full Synchro output can be found in the Appendix.
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 7
XX
AM Peak Hour Total Site
JS 17
{Market Street}
I (XX) ''PM
Peak hour Total Sib
(62)
(13) (0)
0
(0)
23
0
5
(15)
I0
4
(0)
Port Neck
Road
(63)
T
56
t__..
Porters Neck Road
(11)
12 ,_- 21 0
0
(41)
31 "'� (75) -(1.3)
(0)
US 17
(Market Street)
6
Build (2020)
Build (2020) AM and PM peak hour turning movement volumes include the No -Build (2020) volumes with the
addition of total site trips generated by this phase of the proposed development. Figure 8 depicts the turning
movement volumes used in the Build (2020) scenario.
Based on the analysis, the US 17 and Porter's Neck Road intersection will continue to operate at LOS D during
the AM and PM peak hours. Table 6 shows the summary of level of service results for the Build (2020) scenario
and the full Synchro output can be found in the Appendix.
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 7
Date: October 24, 2013
Project No.: 38183.00
Table 6 Build (2024) Level of Service Results
0
Intersection and Apprtracl Build (2020)
AM Peak PM Peak
US 17 (Market Street) D D
and Porter's Neck Road (39.4 sec) (51.0 sec)
Eastbound D E
Westbound E E
Northbound C D
Southbound D D
Figure 8 Build (2020) AM and PM Peak Hour Turning Movement Volumes
US 17
(Market Street)
(212)
(1586) (236).
181 (144)
03
1553 113
+-° 47 (58)
613 (574)
perter'S hteck
Porters Neck
Road {230)
933 -t-
�` Road
(343
(87)
53
63 1094
(165)
42
(185) (1468) (489)
LIREW
Conclusions
As indicated in the traffic analysis, this phase of the projected development will have minimal impact on the
traffic operations of the adjacent roadways. The projected level of service and delay at the U5 17 and Porter's
Neck Road intersection change very little and remain acceptable due to the significant improvements already
implemented at this intersection previously when Lowe's was constructed.
in addition, the revised trip generation for this phase of development is projected to decrease significantly, over
58 %, due to the change in land use proposed from retail to residential apartments, and the reduction in the
remaining retail space. Therefore, no additional roadway improvements are required with this phase of
development.
CARO
ZA
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 8
Icy
J d
i
a
d
LL?
0
< °C
GAL i
¢
<
�
z u�j
o
0
(
Z
�
<
®
and
j C
?C�
-
p Ln
o
CCU
I—
R/
V U cf1
{} w O
(l�Cn
s
U
U
(S)
QD -iO�O
I s
Lanes, Volumes, Timings
Porter's Neck Crossing
1. Porter's Neck Road & US 17 (Market Street)
Existing (2012) AM Peak Hour
A
Lane Group
EBL
EBT
EBR
WBL
WBT
WBR
NBL
NBT
NBR
SBL
SBT
SBR
Lane Configurations
)I
+
r
1)
t
If
tt
r
Vill
tt
r
Volume (vph)
61
32
9
448
33
143
33
801
242
89
1170
55
Ideal Flow (vphpl)
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
Grade (%)
0%
3%
1 %
0%
Storage Length (ft)
250
0
400
100
300
400
400
400
Storage Lanes
1
1
2
1
2
1
2
1
Taper Length (ft)
25
25
25
25
25
25
25
25
Lane Util. Factor
0,97
1.00
1.00
0.97
1,00
1.00
0.97
0.95
1.00
0.97
0.95
1.00
Frt
0,850
0,850
0.850
0.850
At Protected
0,950
0,950
0.950
0.950
Satd. Flow (prot)
3433
1863
1583
3382
1835
1560
3416
3522
1575
3433
3539
1583
Fit Permitted
0.950
0.950
0.950
0,950
Satd. Flow (perm)
3433
1863
1583
3382
1835
1560
3416
3522
1575
3433
3539
1583
Right Turn on Red
No
No
No
No
Said. Flow (RTOR)
Link Speed (mph)
25
45
45
45
Link Distance (ft)
345
726
773
557
Travel Time (s)
9.4
11.0
11.7
8.4
Peak Hour Factor
0,90
090
0.90
0.90
0.90
0,90
0.90
0.90
0,90
0.90
0,90
0.90
Adj. Flow (vph)
68
36
10
498
37
159
37
890
269
99
1300
61
Shared Lane Traffic (%)
Lane Group Flow (vph)
68
36
10
498
37
159
37
890
269
99
1300
61
Turn Type
Prot
pm+ov
Prot
pm+ov
Prot
pm+ov
Prot
pm+ov
Protected Phases
7
4
5
3
8
1
5
2
3
1
6
7
Permitted Phases
4
8
2
6
Detector Phase
7
4
5
3
8
1
5
2
3
1
6
7
Switch Phase
Minimum Initial (s)
7.0
7.0
7.0
7.0
7.0
7.0
7,0
12,0
7.0
7.0
12,0
7.0
Minimum Split (s)
14,0
14.0
14.0
14.0
14.0
14.0
14.0
19,0
14.0
14.0
19.0
14,0
Total Split (s)
14,0
14.0
14.0
30.0
30.0
14.0
14.0
62.0
30,0
14.0
62.0
14.0
Total Split (%)
11.7%
11.7%
11.7%
25.0%
25.0%
11.7%
117%
51.7%
25.0%
11.7%
51.7%
11.7%
Maximum Green (s)
7.7
7,7
7.5
23.9
23.8
7.6
7.5
56.1
23.9
7,6
56.0
7,7
Yellow Time (s)
3.2
3.2
3.1
31
4.3
3.2
3.1
4.4
3.1
12
4.5
3.2
All-Red Time (s)
3.1
3.1
3.4
3,0
1,9
3.2
3.4
1.5
3.0
12
1.5
3.1
Lost Time Adjust (s)
-1.3
-1.3
-1.5
_1A
-1.2
-1,4
-1.5
-0.9
-1 A
-14
-1,0
-1.3
Total Lost Time (s)
5.0
5,0
5.0
5.0
5.0
U
5.0
5,0
5.0
5.0
U
5,0
Lead/Lag
Lead
Lag
Lead
Lead
Lag
Lead
Lead
Lag
Lead
Lead
Lag
Lead
Lead-Lag Optimize?
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Vehicle Extension (s)
3.0
10
3,0
3.0
3,0
3.0
3.0
3,0
3.0
3.0
3.0
3.0
Minimum Gap (s)
10
3.0
10
3.0
U
3.0
3.0
3.0
3.0
3.0
3.0
3.0
Time Before Reduce (s)
0.0
0.0
U
0.0
0.0
0.0
0.0
15.0
0.0
0.0
15,0
0.0
Time To Reduce (s)
U
0.0
0.0
0.0
0.0
0.0
0.0
30,0
0.0
0.0
30.0
0,0
Recall Mode
None
None
None
None
None
None
None
Min
None
None
Min
None
Act Effct Green (s)
11.9
9.6
16.4
20.6
17.0
24,2
9.7
38.1
64.4
10.1
47.2
66.2
Actuated g/C. Ratio
0,13
0,10
0.18
0,22
0A8
0,26
0.10
0.41
070
0.11
0.51
0.72
v1c, Ratio
0.15
0,19
0,04
0.66
0.11
039
0.10
0.61
014
0.26
0.72
0,05
Control Delay
48.1
51.6
38.8
41,0
37.3
31.5
49.4
22.9
5.9
49,5
23.7
97
Queue Delay
0.0
0.0
0.0
0,0
0,0
0.0
0.0
0.0
0.0
0.0
U
0.0
Total Delay
48.1
51.6
38.8
41.0
373
31.5
49.4
22.9
5,9
49.5
237
U
VHB
Synchro 7 -
Report
\\vhbkproj\Raleigh138183.00
Porters Neck TIAktech\Synchro\Ex 2012) AM - Signal Plan.syn
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 10
Lanes, Volumes, Timings Porter's Neck Crossing
1: Porter's Neck Road & tJS 17 (Market Street} Existing (2012) AM Peak Hour
Intersection Summar
Area Type: Other
Cycle Length: 120
Actuated Cycle Length: 92.4
Natural Cycle: 80
Control Type: Actuated - Uncoordinated
Maximum v/c Ratio: 0.72
Intersection Signal Delay: 26.7 Intersection LOS: C
Intersection Capacity Utilization 65,9% ICU Level of Service C
Analysis Period (min) 15
its and Phases: 1: Porter's Neck Road & US 17
02
05 1 06
VHB Synchro 7 - Report
O1vhblproj\Raleigh138183.00 Porters Neck TIAVech\Synchro\Ex 2012) AM - Signal Plan.syn
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 11
Lane Group
EBL
EBT
EBR
WBL
WBT
WBR
NBL
NBT
NBR
SBL
SBT
SBR
LOS
D
D
D
D
D
C
D
C
A
D
C
A
Approach Delay
48.4
38.6
19.9
24.9
Approach LOS
D
D
B
C
Queue Length 50th (ft)
23
24
6
167
21
81
12
238
60
34
408
18
Queue Length 95th (ft)
50
62
22
246
54
152
31
308
93
67
519
38
Internal Link Dist (ft)
265
646
693
477
Turn Bay Length (ft)
250
400
100
300
400
400
400
Base Capacity(vph)
452
204
288
1026
557
409
373
2400
1224
375
2412
1139
Starvation Cap Reductn
0
0
0
0
0
0
0
0
0
0
0
0
Spillback Cap Reductn
0
0
0
0
0
0
0
0
0
0
0
0
Storage Cap Reductn
0
0
0
0
0
0
0
0
0
0
0
0
Reduced v/c Ratio
0,15
0.18
0.03
0.49
0.07
0.39
0,10
0.37
0,22
0.26
0.54
0.05
Intersection Summar
Area Type: Other
Cycle Length: 120
Actuated Cycle Length: 92.4
Natural Cycle: 80
Control Type: Actuated - Uncoordinated
Maximum v/c Ratio: 0.72
Intersection Signal Delay: 26.7 Intersection LOS: C
Intersection Capacity Utilization 65,9% ICU Level of Service C
Analysis Period (min) 15
its and Phases: 1: Porter's Neck Road & US 17
02
05 1 06
VHB Synchro 7 - Report
O1vhblproj\Raleigh138183.00 Porters Neck TIAVech\Synchro\Ex 2012) AM - Signal Plan.syn
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 11
Lanes, Volumes, Timings Porter's Neck Crossing
1 Porter's Neck Road &US17 (Market Street) Existing (2012) PM Peak Hour
* *-- 4 t \ | J
Lane Group
EBL
EBT
E8R
VVBL
VVBT
VVBR
NBL
NBT
NBR
SBL
O8T
8BR
Volume (vph)
132
60
98
395
34
114
87
1070
326
186
1155
103
Ideal Flow (vphpl)
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
Grade (%)
09&
3%
1%
0%
Storage Length (ft)
250
U
400
100
300
400
400
400
Storage Lanes
1
1
2
i
2
1
2
1
Taper Length (M)
25
25
25
25
25
25
25
25
LanoUUL Fodor
0.97
1.00
1,00
0.97
1.00
1.00
0�87
0.95
1.00
0,97
0.95
1.00
Frt
0.830
0.850
0.850
0.858
Fit Protected
0,950
0,950
0.950
0.860
Said. F|mv(pmt)
3433
1863
1583
3382
1835
1560
3416
3522
1575
3433
3530
1383
Fit Permitted
8.950
&850
0.850
0,950
Said. Flow (perm)
8438
1803
1583
3882
1835
1580
3418
3522
1575
3433
3538
1588
Right Turn onRed
No
No
No
No
Sokd, F|ow(RTOR)
Link Speed (mph)
25
45
45
45
Link Distance (ft)
345
726
773
557
Travel Time (o)
9.4
11�8
11.7
8.4
Peak Hour Factor
0.90
U0
0,90
0.90
0.00
0.00
0.90
0.90
0.80
8.90
0,90
0,90
Adj. Flow (/ph)
147
67
189
489
38
127
97
1189
362
287
1283
114
Shared Lane Traffic (%)
Lane Group Flow (vph)
147
87
109
430
38
127
97
1189
363
207
1283
114
Turn Type
Prot
pm+ov
Prot
pm+ov
Prot
pm+ov
Pmt
pm+ov
Protected Phases
7
4
5
3
8
1
5
2
3
1
S
7
Permitted Phases
4
8
2
0
Detector Phase
7
4
5
3
8
1
5
2
3
1
6
7
Switch Phase
Minimum Initial (s)
7�O
7�0
7.0
7.0
7.0
7.0
7.0
12.0
7.0
7.8
12.0
7.0
Minimum Split (s)
140
14.0
14.8
14.0
14.0
14,0
14,0
19.0
14.0
14.8
18.0
14.0
Total Split (s)
14�0
14.0
14.0
28.0
28.0
17.0
14.0
61.0
28,0
17�O
64.0
14.0
Total Split (%)
117%
113%
113%
233%
23.3%
14.2%
117%
50.8%
23.3%
141%
53,3%
11,7&
Maximum Green (s)
77
7.7
75
21.9
21.8
10,6
7,5
55.1
21.9
1O�6
58.8
77
Yellow Time (s)
3.2
3.2
3.1
31
43
32
31
4.4
31
12
4.5
3.2
All-Red Time (s)
31
31
34
3.8
1.0
3.2
3.4
1.5
3.0
32
1.5
31
Lost Time Adjust hA
-1.3
-1.8
'1.5
41
-1,2
-1A
'1.5
-0.8
-11
4A
4.0
4.3
Total Lost Time (s)
5.0
5.0
5.0
5.0
5.0
60
5.0
5.0
5.0
58
5.0
5.0
Lead/Lag
Lead
Lag
Lead
Lead
Lao
Load
Lead
Lag
Lead
Load
Lag
Lead
Lnad'LogOpUmizn?
Yes
Yes
Yes
Yoe
Yes
Yes
Yon
Yes
Yes
Vehicle Extension (s)
8.0
3.0
3.0
38
30
3.0
3.0
3,0
10
3.8
3.0
3.0
Minimum Gap (s)
3.0
3.0
3.0
3.0
10
3.0
3.0
3.0
3.8
3.0
3.0
10
Time Before Reduce (s)
0.0
0.0
0.0
U
0.0
0.0
0.0
15.0
0.0
0.0
15.0
0.0
Time To Reduce (s)
0.0
0.0
0.0
U
0.0
0.0
0.0
30.0
0,0
0.0
30.0
U
Recall Mode
None
Non*
None
None
Non*
None
None
Min
None
None
Min
None
Act Efct Green (s)
154
93
197
10.5
18.1
28.1
94
42.1
66.8
117
444
65.1
Actuated 8/CRatio
0.15
0.09
UQ
020
0.16
028
0,09
0,42
0.87
0.12
0.45
0.65
wtRaho
028
0,30
U5
0.60
0.13
0.31
030
0,80
0.34
0.51
0,81
0.11
Cnntm/De|oy
40,7
562
414
44.7
39,5
311
513
30.3
8.4
504
29.1
8.3
Queue Delay
U
0�0
0,0
0.0
0.0
0.0
0.0
0.0
0.0
0,0
0.0
0.0
Vvhbkproj\RaleigN38183.00 Porters Neck TiA\tecNSynchro\Ex 2012)PM- Signal Pkm.syn
Board ofCommissioners June 2,2014
ITEM: 12'12 12
Lanes, Volumes Timings
Porter's deck Crossing
1: P'orter's Neck Road & US 17 (Market Street)
Existing (2012) PM Peak Hour
Lane Group EBL
EBT
EBR
WBL
WBT
WBR
NBL
NBT
NBR
SBL
SBT
SBR
LOS D
E
D
D
D
C
D
C
A
D
C
A
Approach Delay
46.9
41.5
26.7
30.4
Approach LOS
D
D
C
C
Queue Length 50th (ft) 49
44
62
141
21
59
32
365
98
68
387
33
Queue Length 95th (ft) 92
99
131
221
56
122
65
464
144
121
491
61
Internal Link Dist (ft)
265
646
693
477
Turn Bay Length (ft) 250
400
100
300
400
400
400
Base Capacity(vph) 530
178
316
826
449
425
327
2096
1135
438
2219
1036
Starvation Cap Reductn 0
0
0
0
0
0
0
0
0
0
0
0
Spillback Cap Reductn 0
0
0
0
0
0
0
0
0
0
0
0
Storage Cap Reductn 0
0
0
0
0
0
0
0
0
0
0
0
Reduced vlc Ratio 0.28
0.38
0.34
0.53
0.08
0.30
0.30
0.57
0.32
0.47
0.58
0.11
Intersection Summary
Area Type: Other
Cycle Length: 120
Actuated Cycle Length: 99.4
Natural Cycle: 80
Control Type: Actuated - Uncoordinated
Maximum v/c Ratio: 0.81
Intersection Signal Delay: 31.8
Intersection
LOS: C
Intersection Capacity Utilization 68.2%
ICU
Level of Service C
Analysis Period (min) 15
VHB Synchro 7 - Report
ltvhblproj\Raleigh138183.00 Porters Neck TIAltech\Synchro\Ex 2012) PM - Signal Plan.syn
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 13
Lanes, Volumes, Timings Porter's Peck Crossing
1: Porter's Neck Road & US 17 (Market Street) No -Build (2020) AM Peak Hour
Lane Group
EBL
EBT
EBR
WBL
WBT
WBR
NBL
NBT
NBR
SBL
SBT
SBR
Lane Configurations
M
t
?
)
t
tt
r
)VI
tt
Volume (vph)
77
41
11
613
42
181
42
1094
343
113
1553
70
Ideal Flow (vphpl)
1900
1900
1900
1900
190/0
1900
1900
1900
1900
1900
1900
1900
Grade ( %)
0%
3%
1%
0%
Storage Length (ft)
250
0
400
100
300
400
400
400
Storage Lanes
1
1
2
1
2
1
2
1
Taper Length (ft)
25
25
25
25
25
25
25
25
Lane Util. Factor
0,97
1,00
1.00
0.97
1.00
1.00
0.97
0,95
1,00
0.97
0.95
1,00
Frt
0.850
0.850
0.850
0.850
Fit Protected
0,950
0.950
0.950
0.950
Satd. Flow (prot)
3433
1863
1583
3382
1835
1560
3416
3522
1575
3433
3539
1583
Flt Permitted
0.950
0.950
0.950
0.950
Sato. Flow (perm)
3433
1863
1583
3382
1835
1560
3416
3522
1575
3433
3539
1583
Right Turn on Red
No
No
No
No
Satd. Flow (RTOR)
Link Speed (mph)
25
45
45
45
Link Distance (ft)
345
726
773
557
Travel Time (s)
94
11.0
11.7
8.4
Peak Hour Factor
0.90
0.90
0.90
0,90
0.90
0.90
0.90
0.90
0.90
0.90
0.90
0,90
Adj. Flow (vph)
86
46
12
681
47
201
47
1216
381
126
1726
78
Shared Lane Traffic ( %)
Lane Group Flow (vph)
86
46
12
681
47
201
47
1216
381
126
1726
78
Turn Type
Prot
pm +ov
Prot
pm +ov
Prot
pm +ov
Prot
pm +ov
Protected Phases
7
4
5
3
8
1
5
2
3
1
6
7
Permitted Phases
4
8
2
6
Detector Phase
7
4
5
3
8
1
5
2
3
1
6
7
Switch Phase
Minimum Initial (s)
7.0
7.0
7.0
7.0
7,0
7,0
7.0
12.0
7.0
7,0
12.0
7.0
Minimum Split (s)
14.0
14.0
14.0
14.0
14.0
14.0
14.0
19.0
14.0
14.0
19.0
140
Total Split (s)
14.0
14.0
14.0
29,0
29,0
15.0
14,0
62,0
29.0
15.0
63.0
14.0
Total Split ( %)
113%
11.7%
11.7%
241%
24.2%
12,5%
11,7%
51.7%
24.2%
12.5°!
52.5%
11.7%
Maximum Green (s)
7.7
7.7
7.5
22.9
22.8
8.6
7.5
56.1
22.9
8.6
57.0
7.7
Yellow Time (s)
3.2
3.2
3.1
3.1
4.3
12
3.1
4.4
3.1
3.2
4.5
3.2
All -Red Time (s)
3.1
3.1
3.4
3,0
1.9
3,2
3.4
1.5
3.0
3.2
1.5
3.1
Lost Time Adjust (s)
-13
-1,3
-1.5
-1.1
-1.2
-1.4
-1.5
-0.9
-1.1
-1,4
-1.0
-1.3
Total Lost Time (s)
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
Lead /Lag
Lead
Lag
Lead
Lead
Lag
Lead
Lead
Lag
Lead
Lead
Lag
Lead
Lead -Lag Optimize?
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Vehicle Extension (s)
3,0
3.0
3.0
3.0
3.0
3.0
10
3.0
3.0
3.0
3.0
3.0
Minimum Gap (s)
3.0
3.0
3.0
3.0
3.0
3.0
3.0
3.0
3.0
3.0
3.0
3.0
Time Before Reduce (s)
0.0
0.0
0.0
0.0
0.0
0.0
0.0
15.0
0.0
0.0
15.0
0.0
Time To Reduce (s)
0.0
0.0
OA
0,0
0.0
0,0
0.0
30.0
0.0
0.0
30.0
0,0
Recall Mode
None
None
None
None
None
None
None
Min
None
None
Min
None
Act Effct Green (s)
12.8
8.8
19.3
24.3
20.3
32.1
8.8
53.5
82.9
10.1
58.3
77.4
Actuated g/C Ratio
0.11
0,08
0.17
011
0.18
0,28
0.08
0.47
0.73
0.09
0.51
0.68
vlc Ratio
0.22
032
0.04
0.94
0,14
0,46
0.18
0.73
0.33
0.41
0,95
0.07
Control Delay
53.6
58.9
40.2
67.7
40.8
36.0
53.9
27.8
6.9
55.8
41.1
10.2
Queue Delay
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0,0
0.0
0.0
Total Delay
53.6
58.9
40.2
67.7
40.8
36,0
53,9
27,8
6.9
55.8
41.1
10.2
VHB Synchro 7 - Report
Ilvhblproj\Raleigh138183.00 Porters Neck TIAltech\SynchrolNB (2020) AM - Signal Plan.syn
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 14
Lanes, Volumes, Timings P'orter's deck Crossing
1: P'orter's Neck Road & US 17 (Market Street) No -Build (2020 AM Peak dour
Intersection Summar
Area Type: Other
Cycle Length: 120
Actuated Cycle Length: 113.7
Natural Cycle: 110
Control Type: Actuated - Uncoordinated
Maximum We Ratioi 0.95
Intersection Signal Delay: 38.9 Intersection LOS: D
Intersection Capacity Utilization 80.8% ICU Level of Service D
Analysis Period (min) 15
a Volume exceeds capacity, queue is theoretically infinite.
Queue shown is maximum after two cycles.
# 95th percentile volume exceeds capacity, queue may be longer.
Queue shown is maximum after two cycles.
and Phases: 1; Porter's Neck Road & US 17 (Market
01 1 I . o2 I ft, 0� 1 ®4
06
o7 1 08
VHB Synchro 7 - Report
Ikvhb\pro)1Raleigh138183.00 Porters Neck TIAVechlSynchro\NB (2020) AM - Signal Plan.syn
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 15
Lane Group
EBL
EBT
EBR
WBL
WBT
WBR
NBL
NBT
NBR
SBL
SBT
SBR
LOS
D
E
D
E
D
D
D
C
A
E
D
B
Approach Delay
54.2
59.5
23.7
40.9
Approach LOS
D
E
C
D
Queue Length 50th (ft)
32
34
8
—274
30
120
18
387
98
48
—693
24
Queue Length 95th (ft)
60
74
25
#403
65
190
38
471
143
80
#877
46
Internal Link Dist (ft)
265
646
693
477
Turn Bay Length (ft)
250
400
100
300
400
400
400
Base Capacity (vph)
389
149
273
723
392
441
274
1788
1149
306
1828
1079
Starvation Cap Reductn
0
0
0
0
0
0
0
0
0
0
0
0
Spillback Cap Reductn
0
0
0
0
0
0
0
0
0
0
0
0
Storage Cap Reductn
0
0
0
0
0
0
0
0
0
0
0
0
Reduced vlc Ratio
0.22
0.31
0.04
0.94
0.12
0.46
0.17
0.68
0.33
0.41
0.94
0.07
Intersection Summar
Area Type: Other
Cycle Length: 120
Actuated Cycle Length: 113.7
Natural Cycle: 110
Control Type: Actuated - Uncoordinated
Maximum We Ratioi 0.95
Intersection Signal Delay: 38.9 Intersection LOS: D
Intersection Capacity Utilization 80.8% ICU Level of Service D
Analysis Period (min) 15
a Volume exceeds capacity, queue is theoretically infinite.
Queue shown is maximum after two cycles.
# 95th percentile volume exceeds capacity, queue may be longer.
Queue shown is maximum after two cycles.
and Phases: 1; Porter's Neck Road & US 17 (Market
01 1 I . o2 I ft, 0� 1 ®4
06
o7 1 08
VHB Synchro 7 - Report
Ikvhb\pro)1Raleigh138183.00 Porters Neck TIAVechlSynchro\NB (2020) AM - Signal Plan.syn
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 15
Lanes, Volumes, Timings Porter's Neck Crossing
1: Porters Neck Road & US 17 (Market Street) No -Build (2020) PM Peak Hour
Lane Group
EBL
EBT
EBR
WL
WBT
WBR
NBL
NBT
NBR
SBL
SBT
SBR
Lane Configurations
)11
t
r
M
t
r
'
tt
r
Volume (vph)
167
76
124
574
43
144
110
1479
489
236
1599
930
Ideal Flow (vphpl)
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
Grade ( %Q)
0%
3%
1 %
0 %
Storage Length (ft)
250
0
400
100
300
400
400
400
Storage Lanes
1
1
2
1
2
1
2
1
Taper Length (ft)
25
25
25
25
25
25
25
25
Lane Util. Factor
0.97
1.00
1.00
0,97
1.00
1.00
0.97
0.95
1.00
0.97
0.95
1,00
Frt
0.850
0,850
0.850
0,850
Flt Protected
0.950
0.950
0.950
0.950
Sat. Flow (prat)
3433
1863
1583
3382
1835
1560
3416
3522
1575
3433
3539
1583
Flt Permitted
0.950
0.950
0.950
0.950
Satd. Flow (perm)
3433
1863
1583
3382
1835
1560
3416
3522
1575
3433
3539
1583
Right Turn on Red
No
No
No
No
Satd. Flow (RTOR)
Link Speed (mph)
25
45
45
45
Link Distance (ft)
345
726
773
557
Travel Time (s)
9.4
11.0
11.7
8,4
Peak Hour Factor
0.90
0.90
0.90
0.90
0.90
0.90
0.90
0.90
0.90
0.90
0.90
0,90
Adj, Flow (vph)
186
84
138
638
48
160
122
1643
543
262
1777
144
Shared Lane Traffic
Lane Group Flow (vph)
186
84
138
638
48
160
122
1643
543
262
1777
144
Turn Type
Prot
pm +ov
Prot
pm +ov
Prot
pm +ov
Prot
pm +ov
Protected Phases
7
4
5
3
8
1
5
2
3
1
6
7
Permitted Phases
4
8
2
6
Detector Phase
7
4
5
3
8
1
5
2
3
1
6
7
Switch Phase
Minimum Initial (s)
7.0
7.0
7.0
7.0
7.0
7.0
7.0
12.0
7.0
7.0
12,0
7.0
Minimum Split (s)
14,0
14.0
14.0
14.0
14.0
14.0
14,0
19.0
14.0
14.0
19.0
14.0
Total Split (s)
16.0
14.0
14.0
27.0
25.0
15,0
14.0
64,0
27.0
15.0
65.0
16.0
Total Split ( %)
13.3%
11.7%
113%
22,5%
20,8%
12.5 %
11.7 %
53.3%
22.5 %
12.5%
54.2%
13.3 %
Maximum Green (s)
9.7
77
7,5
20.9
18.8
8.6
7.5
58.1
20.9
8.6
59.0
9.7
Yellow Time (s)
3.2
3.2
3.1
31
4.3
3.2
3.1
4.4
3.1
3.2
4.5
3.2
All -Red Time (s)
3,1
3.1
3.4
3.0
1.9
3.2
3.4
1,5
3.0
3.2
1.5
3.1
Lost Time Adjust (s)
-1.3
-13
-1.5
-1,1
-1,2
-1.4
-1.5
-0.9
-1.1
-1.4
-1.0
-1.3
Total Lost Time (s)
5.0
5.0
5,0
5.0
5.0
5.0
5.0
5,0
5.0
5.0
5.0
5.0
Lead /Lag
Lead
Lag
Lead
Lead
Lag
Lead
Lead
Lag
Lead
Lead
Lag
Lead
Lead -Lag Optimize?
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Vehicle Extension (s)
3,0
3.0
10
3.0
3.0
3.0
3.0
3.0
3.0
3.0
3.0
3.0
Minimum Gap (s)
10
3.0
10
3.0
3.0
3.0
3.0
10
3.0
3.0
3.0
3.0
Time Before Reduce (s)
0.0
0.0
0,0
0,0
0,0
0.0
0.0
15.0
0.0
0.0
15.0
0,0
Time To Reduce (s)
0.0
0,0
0.0
0.0
0.0
0.0
0.0
30.0
0.0
0.0
30.0
0.0
Recall Mode
None
None
None
None
None
None
None
Min
None
None
Min
None
Act Effct Green (s)
15.9
8.9
22.8
22.0
17.6
30.0
8.9
58.9
85.9
10.0
60.0
80.9
Actuated g]C Ratio
0.13
0.07
0,19
0.18
0.15
0.25
0.07
0.49
0.72
0.08
0.50
0.68
v/c Ratio
0.41
0.61
0,46
1.03
0,18
0.41
0.48
0.95
0.48
0.91
1.00
0.13
Control Delay
53.4
72,8
48.7
91.2
44.8
39.2
60.0
41.9
9.0
89,8
52.1
8.7
Queue Delay
0.0
0.0
0.0
0.0
0,0
OA
0.0
0,0
0.0
0.0
0.0
0.0
Total Delay
53.4
72.8
48.7
91.2
44.8
39.2
60.0
41.9
9.0
89.8
52.1
8.7
VHB Synchro 7 - Report
1lvWproj\Raleight38183.00 Porters Neck TIAltech\Synchro\NB (2020) PM - Signal Plan.syn
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 16
Lanes, Volumes, Timings
Porter's Neck Crossing
1: Porter's Neck Read & US
17
(Market Street)
No -Build (2020) PM Peak Hour
I
Lane Group
EBL
EBT
EBR
WBL
WBT
WBR
NBL
NBT
NBR
S13L
SBT
SBR
LOS
D
E
D
F
D
D
E
D
A
E.__.
D
A
Approach Delay
55.8
78.8
35.2
53.8
Approach LOS
E
E
D
D
Queue Length 50th (ft)
72
64
96
—272
32
98
47
619
161
105
'-711
42
Queue Length 95th (ft)
111
#129
161
#389
68
161
79
#798
231
#186
#895
70
Internal Link Dist (ft)
265
646
693
477
Turn Bay Length (ft)
250
400
100
300
400
400
400
Base Capacity(vph)
456
140
302
621
307
390
257
1735
1130
287
1773
1070
Starvation Cap Reductn
0
0
0
0
0
0
0
0
0
0
0
0
Spillback Cap Reductn
0
0
0
0
0
0
0
0
0
0
0
0
Storage Cap Reductn
0
0
0
0
0
0
0
0
0
0
0
0
Reduced vdc Ratio
0.41
0.60
0.46
1,03
0.16
0.41
0.47
0.95
0.48
0.91
1.00
0.13
Intersection Summar
Area Type: Other
Cycle Length: 120
Actuated Cycle Length: 119,8
Natural Cycle: 110
Control Type: Actuated- Uncoordinated
Maximum v/c Ratio: 1,03
Intersection Signal Delay: 50.1 Intersection LOS: D
Intersection Capacity Utilization 85.6% ICU Level of Service E
Analysis Period (min) 15
a Volume exceeds capacity, queue is theoretically infinite.
Queue shown is maximum after two cycles.
# 95th percentile volume exceeds capacity, queue may be longer.
Queue shown is maximum after two cycles.
and Phases: 1: Porter's Neck Road & US 17
01 1 T o2 o3
m7 1 08
VHB Synchro 7 - Report
11vhb1projlRale gh138183.00 Porters Neck TIAUech\Synchro\NB (2020) PM - Signal Plan.syn
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 17
Lanes, Volumes, Timings Porter's Neck Crossing
1: Porter's Beck Road & US 17 (Market Street) Build (2020) AM Peak
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 18
..
Lane Group
EBL
EBT
EBR
WBL
WBT
WBR
NBL
NBT
NBR
SBL
SBT
SBR
Lane Configurations
)I
+
r
+
r
ft
r
t
Volume (vph)
133
53
42
613
47
181
63
1094
343
113
1553
93
Ideal Flow (vphpl)
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
Grade ( %)
0%
3 %
1%
0%
Storage Length (ft)
250
0
400
100
300
400
400
400
Storage Lanes
1
1
2
1
2
1
2
1
Taper Length (ft)
25
25
25
25
25
25
25
25
Lane Util, Factor
0,97
1,00
1.00
0.97
1.00
1.00
0.97
0.95
1.00
0.97
0.95
1.00
Frt
0.850
0.850
0.850
0.850
Flt Protected
0.950
0.950
0.950
0.950
Said. Flow (prot)
3433
1863
1583
3382
1835
1560
3416
3522
1575
3433
3539
1583
Flt Permitted
0.950
0.950
0.950
0.950
Said. Flow (perm)
3433
1863
1583
3382
1835
1560
3416
3522
1575
3433
3539
1583
Right Turn on Red
No
No
No
No
Satd. Flow (RTOR)
Link Speed (mph)
25
45
45
45
Link Distance (ft)
345
726
773
557
Travel Time (s)
9,4
11.0
117
8.4
Peak Hour Factor
0.90
0.90
0.90
0.90
0.90
0.90
0.90
0.90
0.90
0.90
0.90
0.90
Adj. Flow (vph)
148
59
47
681
52
201
70
1216
381
126
1726
103
Shared Lane Traffic ( %)
Lane Group Flow (vph)
148
59
47
681
52
201
70
1216
381
126
1726
103
Turn Type
Prot
pm +ov
Prot
pm +ov
Prot
pm +ov
Prot
pm +ov
Protected Phases
7
4
5
3
8
1
5
2
3
1
6
7
Permitted Phases
4
8
2
6
Detector Phase
7
4
5
3
8
1
5
2
3
1
6
7
Switch Phase
Minimum Initial (s)
7.0
7.0
7.0
7.0
7.0
7.0
7.0
12.0
7,0
7.0
12.0
7.0
Minimum Split (s)
14.0
14.0
14.0
14.0
14,0
14.0
14.0
19.0
14,0
14.0
19,0
14,0
Total Split (s)
14.0
14.0
14.0
29.0
29.0
15.0
14.0
62.0
29.0
15.0
63,0
14.0
Total Split ( %)
11,7%
11,7%
11.7%
24.2 %v
24.2%
12.5%
11.7%
51.7 %u
24.2%
125%
52,5 %
11.7 %
Maximum Green (s)
7.7
77
7.5
22.9
22.8
8,6
7.5
561
22.9
8,6
57.0
7.7
Yellow Time (s)
3,2
3.2
3.1
3.1
4.3
3.2
3.1
4.4
3.1
12
4,5
3.2
All -Red Time (s)
3.1
11
3.4
3.0
1.9
3.2
3.4
1.5
10
3.2
1.5
3.1
Lost Time Adjust (s)
-1.3
-1.3
-1.5
-1.1
-1.2
-1,4
-1,5
-0.9
-1.1
-1.4
-1,0
-1.3
Total Lost Time (s)
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
5.0
Lead /Lag
Lead
Lag
Lead
Lead
Lag
Lead
Lead
Lag
Lead
Lead
Lag
Lead
Lead -Lag Optimize?
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Vehicle Extension (s)
3.0
10
3.0
10
3.0
3.0
3.0
3.0
3.0
3.0
3.0
3.0
Minimum Gap (s)
3.0
3,0
3.0
3.0
3.0
3.0
3.0
3.0
3.0
3.0
3.0
3.0
Time Before Reduce (s)
0.0
0.0
0.0
0.0
0.0
0.0
0.0
15.0
0.0
0.0
15.0
0.0
Time To Reduce (s)
0.0
0.0
0.0
OA
0.0
0.0
0.0
30.0
0.0
0.0
30.0
0.0
Recall Mode
None
None
None
None
None
None
None
Min
None
None
Min
None
Act Effct Green (s)
12.9
8.9
19.5
24.3
20.3
32.2
8.9
53.6
83.0
10.1
58.3
77.5
Actuated g1C Ratio
0.11
0.08
0.17
0.21
0.18
0.28
0.08
0.47
0.73
0.09
0.51
0.68
vlc Ratio
0.38
0,40
0.17
0.94
0.16
0.46
0.26
0.73
033
0.41
0.95
0.10
Control Delay
55.0
61.8
424
68.2
41.0
36.1
55.1
27.9
6.9
55.9
41.5
10.2
Queue Delay
0.0
0.0
0.0
0.0
OA
0.0
0.0
0.0
0.0
0.0
0,0
0,0
Total Delay
55.0
61.8
42.4
68.2
41.0
36.1
55.1
27.9
6.9
55.9
41.5
10.2
VHB
Synchro
7 -
Report.
11vhb1projlRaleigh138183.00
Porters Neck TIAltecMSynchrolBuild (2020) AM
- Signal Plan.syn
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 18
Lanes, Volumes, Timings Porter's Neck Crossing
1: Porter's Neck load & arket Street) Build (2020) AM Peak
Intersection Summar
Area Type: Other
Cycle Length: 120
Actuated Cycle Length: 113.9
Natural Cycle: 110
Control Type: Actuated - Uncoordinated
Maximum v/c Ratio: 0.95
Intersection Signal Delay: 39.4 Intersection LOS: D
Intersection Capacity Utilization 80.8% ICU Level of Service D
Analysis Period (min) 15
n Volume exceeds capacity, queue is theoretically infinite.
Queue shown is maximum after two cycles.
# 95th percentile volume exceeds capacity, queue may be longer.
Queue shown is maximum after two cycles.
its and Phases. 1: Porter's Neck Road & US 17
o4
05 4 06 10 o7 o8
VHB Synchro 7 - Report
kWhblprojkRaleigh138183.00 Porters Neck TIAltech\Synchro\Build (2020) AM - Signal Plan.syn
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 19
,.
`
Lane Group
EBL
EBT
EBR
WBL
WBT
WBR
NBL
NBT
NBR
SBL
SBT
SBR
LOS
D
E
D
E
D
D
E
C
A
E
D
B
Approach Delay
54.2
59.8
24.2
40.8
Approach LOS
D
E
C
D
Queue Length 50th (ft)
58
44
31
-277
33
120
26
387
98
48
-702
32
Queue Length 95th (ft)
93
89
66
#403
70
190
51
471
143
80
#877
57
Internal Link Dist (ft)
265
646
693
477
Turn Bay Length (ft)
250
400
100
300
400
400
400
Base Capacity (vph)
389
149
274
722
392
441
273
1785
1148
305
1826
1077
Starvation Cap Reductn
0
0
0
0
0
0
0
0
0
0
0
0
Spillback Cap Reductn
0
0
0
0
0
0
0
0
0
0
0
0
Storage Cap Reductn
0
0
0
0
0
0
0
0
0
0
0
0
Reduced vlc Ratio
0.38
0.40
0.17
0.94
0,13
0.46
0.26
0.68
0.33
0.41
0.95
0.10
Intersection Summar
Area Type: Other
Cycle Length: 120
Actuated Cycle Length: 113.9
Natural Cycle: 110
Control Type: Actuated - Uncoordinated
Maximum v/c Ratio: 0.95
Intersection Signal Delay: 39.4 Intersection LOS: D
Intersection Capacity Utilization 80.8% ICU Level of Service D
Analysis Period (min) 15
n Volume exceeds capacity, queue is theoretically infinite.
Queue shown is maximum after two cycles.
# 95th percentile volume exceeds capacity, queue may be longer.
Queue shown is maximum after two cycles.
its and Phases. 1: Porter's Neck Road & US 17
o4
05 4 06 10 o7 o8
VHB Synchro 7 - Report
kWhblprojkRaleigh138183.00 Porters Neck TIAltech\Synchro\Build (2020) AM - Signal Plan.syn
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 19
Lanes, Volumes, Timings
Porter's deck Crossing
1, Porter's Neck Road & US 17
(Market Street)
Build (2020) PM Peak
Lane Group
EBL
EBT
EBR
WBL
WBT
WBR
NBL
NBT
NBR
SBL
SBT
SBR
Lane Configurations
?I
tt
r
Vi
tt
r
Volume (vph)
230
87
165
574
58
144
185
1466
489
236
1586
212
Ideal Flow (vphpl)
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
1900
Grade ( %)
0 %
3%
1 %
0%
Storage Length (ft)
250
0
400
100
300
400
400
400
Storage Lanes
1
1
2
1
2
1
2
1
Taper Length (ft)
25
25
25
25
25
25
25
25
Lane Util, Factor
0.97
1,00
1.00
0.97
1.00
1.00
0.97
0.95
1.00
0.97
0.95
1.00
Frt
0.850
0.850
0.850
0,850
Flt Protected
0,950
0.950
0.950
0.950
Said. Flow (prat)
3433
1863
1583
3382
1835
1560
3416
3522
1575
3433
3539
1583
Flt Permitted
0,950
0,950
0.950
0,950
Satd. Flow (perm)
3433
1863
1583
3382
1835
1560
3416
3522
1575
3433
3539
1583
Right Turn on Red
No
No
No
No
Satd. Flow (RTOR)
Link Speed (mph)
25
45
45
45
Link Distance (ft)
345
726
773
557
Travel Time (s)
9.4
11.0
11.7
8.4
Peak Hour Factor
0.90
0.90
0.90
0,90
0.90
0.90
0.90
0.90
0.90
0.90
0.90
0.90
Adj. Flow (vph)
256
97
183
638
64
160
206
1629
543
262
1762
236
Shared Lane Traffic ( %)
Lane Croup Flow (vph)
256
97
183
638
64
160
206
1629
543
262
1762
236
Turn Type
Prot
pm +ov
Prot
pm +ov
Prot
pm +ov
Prot
pm +ov
Protected Phases
7
4
5
3
8
1
5
2
3
1
6
7
Permitted Phases
4
8
2
6
Detector Phase
7
4
5
3
8
1
5
2
3
1
6
7
Switch Phase
Minimum Initial (s)
7.0
7.0
7.0
7.0
7.0
7.0
7.0
12.0
7.0
7.0
12.0
7.0
Minimum Split (s)
14.0
14.0
14.0
14.0
14,0
14.0
14.0
19,0
14,0
14,0
19.0
14.0
Total Split (s)
21.0
14.0
14.0
28.0
21.0
15.0
14,0
63,0
28.0
15.0
64.0
21.0
Total Split ( %)
17.5%
11.7%
11.7%
233%
17.5%
12.5 %n
11.7%
52.5%
23.3%
125%
53,3%
17.5%
Maximum Green (s)
14,7
7.7
7.5
21.9
14.8
8.6
7,5
57.1
21.9
8,6
58.0
14.7
Yellow Time (s)
3.2
3.2
31
31
4.3
3.2
31
4.4
31
12
4.5
3.2
All -Red Time (s)
3.1
3.1
34
10
1.9
3.2
3.4
1.5
10
12
1,5
3.1
Lost Time Adjust (s)
-1.3
-1,3
-1.5
-1.1
-1.2
-1.4
-1.5
-0.9
-1.1
-14
-1,0
-1.3
Total Lost Time (s)
5.0
5.0
5.0
5,0
5.0
5.0
5.0
5,0
5.0
5.0
5.0
5.0
Lead /Lag
Lead
Lag
Lead
Lead
Lag
Lead
Lead
Lag
Lead
Lead
Lag
Lead
Lead -Lag Optimize?
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Vehicle Extension (s)
3.0
3.0
3.0
3.0
10
3.0
3.0
3.0
3.0
3.0
3,0
3.0
Minimum Gap (s)
3.0
3.0
3,0
3.0
10
3.0
3.0
3.0
3.0
3.0
10
3.0
Time Before Reduce (s)
0.0
0.0
0.0
0.0
0.0
0.0
0.0
15.0
0,0
0,0
15.0
0.0
Time To Reduce (s)
0.0
0,0
0.0
0.0
0.0
0.0
0.0
30.0
0.0
0,0
30,0
0.0
Recall Mode
None
None
None
None
None
None
None
Min
None
None
Min
None
Act Effct Green (s)
19.7
9.0
23.0
23.0
15.0
27.3
9.0
58.0
86,0
10.0
59.0
83.7
Actuated g/C Ratio
0.16
0.08
0.19
0.19
0.12
0.23
0.08
0.48
0,72
0,08
0.49
0.70
vlc Ratio
0.45
0.69
0.60
0.98
0.28
0.45
0.80
0,96
0,48
0.92
1,01
0.21
Control Delay
50.2
79.7
53.8
80.3
50.2
42.8
77,9
44.0
9.1
903
55,4
8.0
Queue Delay
0.0
0.0
0.0
0,0
0.0
0,0
0,0
0.0
0.0
0.0
0.0
0.0
Total Delay
50.2
79.7
53.8
80.3
50.2
42.8
77,9
44.0
9.1
90.3
55.4
8.0
MIA1B Synchro 7 - Report
11vhb1proj\Raleigh138183.00 Porters Neck TIAltechlSynchrolBuild (2020) PM - Signal Plan.syn
Board of Commissioners - June 2, 2014
ITEM: 12- 12 - 20
Lanes, Volumes, Timings
Porter's Neck Crossing
1-. Porter's Neck Road & US 17 (Market Street)
Build (2020) PM Peak
Lane Group
EBL
EBT
EBR
1NBL
WBT
WBR
NBL
NBT
NBR
SBL
SBT
SBR
LOS
D
E
D
F
D
D
E
D
A
F
E
A
Approach Delay
56.8
71.1
39.0
54.5
Approach LOS
E
E
D
D
Queue Length 50th (ft)
97
75
131
256
45
102
82
620
161
105
—724
66
Queue Length 95th (ft)
141
#157
210
#377
89
169
#144
#800
231
#186
#895
101
Internal Link Dist (ft)
265
646
693
477
Turn Bay Length (ft)
250
400
100
300
400
400
400
Base Capacity (vph)
578
140
303
648
253
355
256
1702
1129
286
1740
1110
Starvation Cap Reductn
0
0
0
0
0
0
0
0
0
0
0
0
Spillback Cap Reductn
0
0
0
0
0
0
0
0
0
0
0
0
Storage Cap Reductn
0
0
0
0
0
0
0
0
0
0
0
0
Reduced We Ratio
0.44
0.69
0.60
0.98
0.25
0.45
0.80
0.96
0.48
0.92
1.01
0.21
Intersection Summar
Area Type: Other
Cycle Length: 120
Actuated Cycle Length: 120
Natural Cycle: 110
Control Type: Actuated - Uncoordinated
Maximum v1c Ratio: 1.01
Intersection Signal Delay: 51.0 Intersection LOS: D
Intersection Capacity Utilization 85.2% ICU Level of Service E
Analysis Period (min) 15
Volume exceeds capacity, queue is theoretically infinite.
Queue shown is maximum after two cycles.
# 95th percentile volume exceeds capacity, queue may be longer.
Queue shown is maximum after two cycles.
MIAIB Synchro 7 - Report
Itvhbkproj\Raleigh138183.00 Porters Neck TIAltecMSynchrotBuild (2020) PM - Signal Plan.syn
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 2, 2014
REGULAR
DEPARTMENT: PRESENTER(S): Chris O'Keefe, Planning and Inspections Director
(PB Rep: Ted Shipley)
CONTACT(S): Chris O'Keefe and Ken Vafier, Planning & Zoning Supervisor
SUBJECT
Public Hearing
Request by Staff to Amend the Following Sections of the Zoning Ordinance to Address Regulations
Regarding Industrial Uses and Special Use Permits (A- 416,1/14):
A.) Addition of Section 13: Calculation of Time
B.) Amend Section 23: Definitions
C.) Amend Section 44: Extension or Enlargement of Non - Conforming Situations,
D.) Amend Section 50: Table of Permitted Uses,
E.) Amend Section 53.2: I -1 Light Industrial,
F.) Amend Section 53.3,1-2 Heavy Industrial, and;
G.) Amend Section 71: Special Use Permits Issued by the Board of County Commissioners
H.) Consider staff recommendation regarding application acceptance
I.) Consider additional amendments to Section 50: Table of Permitted Uses
BRIEF SUMMARY:
In October 2011, the Board of Commissioners amended the Table of Permitted uses by adding a special use
permit requirement for all intensive manufacturing use. The change also grouped manufacturing industries
into four categories based on the intensity of the operation. The 2011 provisions included language allowing
existing manufacturing industries to continue their existing operations, expand existing operations or modify
(in some cases) their existing operation while remaining a conforming use and not requiring a special use
permit.
Since 2011, the permitting requirements for manufacturing uses have come under some scrutiny due to a
perception that they are not clearly written and are a deterrent to economic development. With considerable
input from outside agencies and individuals the text amendment proposed has been created to include
changes to address these concerns.
In order to clarify how sections of the zoning ordinance are applied to special use permit proposals for
industrial uses, the amendment establishes a definitive process for the submittal and review of special use
permit applications. The amendment further clarifies the date at which time the special use permit provisions
of the ordinance apply to industrial uses. In the definition section, the industrial groupings were deleted and
broken down into separate industrial categories and included in the table of permitted uses together with a
North American Industry Classification System (NAICS) code.
The Planning Board first considered these amendments at their January 9th board meeting. After hearing 6
people speak in support and 14 opposed to changing the ordinance, the board voted to continue the item until
March 6 to allow time for staff to receive further comments. Following the January meeting, over 100 written
comments were received. Many comments offered specific suggestions on ways to make the language more
to their liking. The majority of written comments indicated support for keeping the language as currently
adopted. At their March 6, 2014 meeting, the Planning Board voted 5 -0 to recommend approval of a new
draft that was submitted by Planning Board Member Ted Shipley with several changes suggested by
staff. Five people spoke in support of the amendment and ten people spoke in opposition.
Board of Commissioners - June 2, 2014
ITEM: 13
A separate recommendation developed by staff is included in your package. This recommendation lays out a
process for applicants who wish to have their application reviewed for completeness prior to the application
deadline.
On April 2, New Hanover County received the Garner Economics LLC study entitled, "Pathways to
Prosperity: New Hanover County's Plan for Jobs and Investment." This report identifies impediments to and
advantages for industrial growth in order to determine what types of businesses should be targeted in
recruitment efforts. The effort considered numerous aspects of the County which make our location
favorable for certain industries. The effort identifies these industries as "Target Industries." Further, the
study recommends that the County either eliminate the special use permit requirement all together or amend
the table of permitted uses so that the "Target Industries" are permitted by right and allowed in a broader
range of districts. Staff is not recommending elimination of the Special Use Permit process, however, should
the board be inclined to consider the study's recommendation of modifying the Table of Permitted Uses, an
amended table is included in this proposal.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
1. Staff recommends approval of the Planning Board's amendments with the inclusion of the additional
changes proposed by staff, and;
2. Staff recommends consideration of the changes to the table of permitted uses which would
allow the "Target Industries" to locate in a broader range of districts without obtaining a special use
permit.
ACTION NEEDED:
1. Approve as recommended; or
2. Approve with changes; or
3. Continue for further information; or
4. Deny the amendment.
ATTACHMENTS:
A -416 Script
Amendment Summary
Planning Board Recommendation
TOPU PB recommendation
Additional Staff Recommendation
MFG TOPU w Garner
Comments for Amendment
comments for stronger SUP
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
1. The County Manager recommends approval of the Planning Board's amendments with the inclusion
of the additional changes proposed by staff, and;
2. The County Manager recommends consideration of the changes to the table of permitted uses which
Board of Commissioners - June 2, 2014
ITEM: 13
would allow the "Target Industries" to locate in a broader range of districts without obtaining a
special use permit.
COMMISSIONERS' ACTIONS:
A motion to approve the Planning Board's amendments with the inclusion of the additional changes proposed
by staff failed by a vote of 2 -2, Vice -Chair Dawson and Commissioner Barfield dissenting.
Board of Commissioners - June 2, 2014
ITEM: 13
ITEM #
ZONING ORDINANCE TEXT AMENDMENT A-416,1/14
REQUEST BY STAFF TO ADD SECTION 13; CALCULATION OF TIME AND TO AMEND
SECTION 23; DEFINITIONS, SECTION 44; EXTENSION OR ENLARGEMENT OF NON-
CONFORMING SITUATIONS, SECTION 50; TABLE OF PERMITTED USES, SECTION 53.2;
1 -1 LIGHT INDUSTRIAL, SECTION 53.3; 1 -2 HEAVY INDUSTRIAL, AND SECTION 71;
SPECIAL USE PERMITS ISSUED BY THE BOARD OF COUNTY COMMISSIONERS TO
ADDRESS REGULATIONS REGARDING INDUSTRIAL USES AND SPECIAL USE PERMIT
REGULATIONS AND ADDITIONAL STAFF RECOMMENDATIONS REGARDING
APPLICATION SUBMITTAL.
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. Commissioners 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 - June 2, 2014
ITEM: 13- 1 - 1
A -416 Text Amendment- Summary of Text Amendment
Introduction: In October 2011 the Board of Commissioners amended the Table of Permitted uses by
adding a special use permit requirement for all intensive manufacturing use. The change also grouped
manufacturing industries into four categories based on the intensity of the operation. The 2011
provisions included language allowing existing manufacturing industries to continue their existing
operations, expand existing operations or modify (in some cases) their existing operation while
remaining a conforming use and not requiring a special use permit.
Since 2011 the permitting requirements for manufacturing uses have come under some scrutiny due
to a perception that they are not clearly written and are a deterrent to economic development. With
considerable input from outside agencies and individuals the text amendment proposed has been
created to include the following changes:
1. Section 13: Calculation of Time
• Added a description of how days will be calculated for submission deadlines.
2. Section 23: Definitions:
• Removed definitions for Limited, General, and Intensive Manufacturing. These definitions
grouped industries into categories that were then listed on the Table of Permitted Uses. The
amendment takes the industries out of the categories and lists each one individually in the Table
of Permitted Uses.
• Retained Artisan Manufacturing definition in order to retain flexibility for interpreting small -
scale uses that utilize hand manufacturing so that they can be evaluated and permitted by right
in 6 zoning districts and by special use in the Rural Agriculture zoning district.
3. Table of Permitted Uses:
• Add 86 new uses that correspond with all of the 4 -digit NAICS (North American Industrial
Classification System) industry categories within the manufacturing business sectors (NAICS 31,
32, and 33) to the Manufacturing Category of the Table of Permitted Uses (each of the 86 uses
added to the table was evaluated to determine how it would be permitted under the current
definitions within the Ordinance, and then the table was populated to specify if and how each of
the uses would be permitted in each zoning district). Added Limited, General and Intensive
Manufacturing category headings for the industrial uses in order to allow for existing industrial
uses to change uses within the same categories without having to receive a Special Use Permit
(SUP) if a SUP is required for the new use. To remain consistent with the previous version of the
ordinance, this flexibility does not apply to uses classified as Intensive Manufacturing.
Board of Commissioners - June 2, 2014
ITEM: 13- 2 - 1
4. Section 44: Extension or Enlargement of Non - Conforming Situations:
• Replaced text with actual date that ordinance was adopted to clarify how industries or
businesses that were in active operation under the current use as of October 2, 2011, would be
considered.
5. Section 53.3 -4.1 Review of External Effects:
• Delete review of external effects from 1 -2 section and include description of framework staff
may utilize to request information considered useful for their review of proposals in Section 71:
Special Use Permits Issued by the Board of County Commissioners.
6. Section 71: Special Use Permits Issued by the Board of County Commissioners
• Encourage a pre - application conference with staff.
• Require a pre - application community meeting to be hosted by the applicant.
• Extend the ability to apply for an SUP from owner or owners of the subject property or their
duly authorized agent to also include parties with an option to purchase or lease the property
that is contingent on approval of the SUP.
• Extend the application deadline from 20 business days to 55 calendar days.
• Establish a 10 day period to review applications for completeness.
• Added text that grants the applicant the right to be heard at the next scheduled Planning Board
meeting if a complete application is confirmed. The applicant could still request a continuance if
additional time is desired.
• Establish a procedure and timeframe for information requests coming from staff.
• Describe application requirements
• Explain applicants burden to present evidence
• Correct Traffic Impact Analysis (TIA) reference so that it is consistent with policy.
A -416 — Summary of Changes
Board of Commissioners - June 2, 2014
ITEM: 13- 2 - 2
Page 2
I I A -416 Text Amendment- Planning Board Recommendation
2 Applicant: Staff
3 Request by Staff to add Section 13: Calculation of Time and to amend Section 44: Extension or
4 Enlargement of Non - Conforming Situations, Section 50: Table of Permitted Uses, Section 53.2:
5 1 -1 Light Industrial, Section 53.3,1-2 Heavy Industrial, and Section 71: Special Use Permits
6 Issued by the Board of County Commissioners to address regulations regarding industrial uses
7 and Special Use Permit regulations. Additions are in red and deletions ar in red with strike-
8 throughs.
9 Article I: IN GENERAL
10
11 Section 13: Calculation of Time
22 Section 23: Definitions
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
M
Manufacturing
Artisan Manufacturing- On -site production of goods by hand manufacturing
involving the use of hand tools and small -scale light mechanical equipment.
Typical uses include woodworking and cabinet shops, ceramic studios, jewelry
manufacturing and similar types of arts and crafts or very small -scale
manufacturing uses that have very limited, if any, negative external impacts on
surrounding properties, water resources, air quality and /or public health.
A -416 — Planning Board Recommendation
Board of Commissioners - June 2, 2014
ITEM: 13- 3 - 1
Page 1
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
fi r 4—e r,
tae =tea-
- �..I..i
Section 44: Extension or Enlargement of Non - Conforming Situations
44 -1: Except as specifically provided in this section, it shall be unlawful for any person to
engage in any activity that causes an increase in the extent of non - conformity of a non-
conforming situation.
44 -1.1: The standards outlined in Sections 53,2 and 53,E of this ordinance and any requirement
for a special use permit shall apply to all new proposals in 1 -1 and 1 -2 districts as shown on the
Table of Permitted Uses. Any existing industrial uses which did not require a special use permit
as of l ct o i)er 2, 2OD I I ould be considered a
conforming use and shall not require a special use permit in order to continue operations. The
term "existing industrial use! =" shall mean ��rr i rr €ciry r iherr €ci re'` in active
operation and open for business on a tax parcel zoned 1 -1 or 1 -2 and developed for that
particular use as of 2, 2011 .
44- 1.1.1: Modifications and /or Expansions of Existing Industrial Uses: For a modification!=
and /or expansions of an existing industrial user which was in conformit, with the rear €irerr:e ri
A -416 — Planning Board Recommendation
Board of Commissioners - June 2, 2014
ITEM: 13- 3 - 2
Page 2
130
131
A. ifxce tion for Modifications and /or Expansions on the Same Parcel: Modifications
and /or expansions of existing industrial uses shall be allowed without a snpciAl u €cue
errni% if the use is fully contained on the tax parcel currently developed for and
operating as such use and provided one of the following c��:
1. If the expansion and /or modification is for the same existing industrial
use that was in active operation and open for business as of . ., c4W
2. 2011.
2. If the expansion and /or modification is classified within the Artisan
Limited or General Manufacturing caiep ry and is for a less intensive
industrial use than was in active operation and open for business as of
2, 2011 .
(Ex. An existing Intensive Manufacturing use could transition to a use in
the Artisan, Limited or General Manufacturing category).
3. If the existing industrial use is classified within the General, Limited or
Artisan Manufacturing categories, the use may expand and /or modify to
a different use within that same category.
B. wfxce Lion. for Modifications and /or Expansions onto Adjacent or Contiguous
Parcels: Modifications and /or expansions of existing industrial uses shall be allowed
without a special Use permit on tax parcels adjacent or contiguous (excluding rights of
way) to the current use, if properly zoned, and held in the same ownership as on the
date of adoption of this section (including successor ownership) as of October, 2 2011
1. If the expansion and /or modification is for the same existing industrial
use that was in active operation and open for business as of . ., c4W
ccper2.2011.
2. If the expansion and /or modification is classified within the Artisan
Limited or General Manufacturing categori and is for a less intensive
industrial use than was in active operation and open for business as of
2 2011
3. If the existing industrial use is classified within the General, Limited or
Artisan Manufacturing categories, the use may expand and /or modify to
a different use within that same category.
A -416 — Planning Board Recommendation
Board of Commissioners - June 2, 2014
ITEM: 13- 3 - 3
Page 3
132 Section 53.2: 1 -1 Light Industrial
(10/3/2011)
53.2 -1: The 1 -1 zoning district is established to preserve land within the County for light industrial
uses and associated operations, including assembly, fabrication, packaging and transport, where
operations are conducted primarily indoors and where suitable sites are served by rail, waterway,
highway transportation systems as well as readily available utilities. Heavy industrial uses in which
raw materials are converted into products for subsequent assembly or fabrication or where uses
create an excessive amount of noise, odor, smoke, dust, air borne debris or other objectionable
characteristics which might be detrimental to surrounding areas are not appropriate in this district.
Within the 1 -1 district, all operations conducted and all materials used or held in storage shall be
contained within enclosed buildings, solid wall, fence or planting of such nature and height as to
conceal such operation or materials from view from any roadway or adjacent properties. No 1 -1
district shall be less than five (5) acres in area.
53.2 -2 Deleted (1/5/81)
53.2 -3 Deleted (1/5/81)
53.2 -4: Dimensional Requirements:
(1) Minimum Lot Area -None
(2) Minimum Front Yard- 50 feet
(3) Minimum side and rear yards for property abutting residential districts shall be
calculated in accordance with Section 60.3.
(4) Maximum building height:
Forty (40) feet except for buildings located within the Urban Transition Area and
fronting along a Collector, Minor Arterial, or Principal Arterial as indicated on the
Wilmington Metropolitan Planning Organization's most current Roadway Functional
Classification Map, may exceed forty (40) feet provided their FAR does not exceed 1.0.
(2/7/83)
53.2 -5: Parking: Parking and loading shall be provided in accordance with the provisions of Article
VIII.
53.2 -6: Signs: Signs shall be in accordance with Article IX.
53.2 -7: DELETED (3/9/88)
53.2 -8: Existing Industrial Uses:
(10/3/11)
These standards and any requirement for a special use permit shall apply to all new proposals in 1 -1
districts as shown on the Table of Permitted Uses. The term "existing industrial use! =" shall mean an
industr` v r i herr€ it ., in active operation and open for business on a tax parcel zoned 1 -1 and
developed for that particular use as of i-t: t: �.ira i�t:adr`acr
2, X011 . Any existing industrial uses which did not require a special use permit as of r�t.
A -416 - Planning Board Recommendation
Board of Commissioners - June 2, 2014
ITEM: 13- 3 - 4
Page 4
2., 20DII would be considered a conforming use and shall
not require a special use permit in order to continue operations.
A. LException for Modifications and/or Expansions on the Same Parcel: Modifications
and/or expansions of existing industrial uses shall be allowed without
2tLLaLif fully contained on the tax parcel currently developed for and operating as
such use and provided :
1. If the expansion and/or modification is for the same existing industrial
use that was in active operation and open for business as of4.4--c4W
Z. If the expansion and/or modification is classified within the Artisan.
Limited or General Manufacturinri categor and and is r a less
intensive industrial use than was in active operation and open for
business as of
___
3. |f the existing industrial use is classified within the General, Limited or
Artisan Manufacturing categories, the use may expand and/or modify to
a different use within that same category.
B. Lxception. for Modifications and/or Expansions onto Adjacent or Contiguous
Parcels: Modifications and/or expansions of existing industrial uses shall be allowed
- se permit on tax parcels adjacent orcontiguous (excluding rights of
way) to the current use, if properly zoned, and held in the same ovxnershi
as on
J�_ �DI- nd provided one (ILof the_following criteria
1. If the expansion and/or modification is for the same existing industrial
use that was in active operation and open for business as of4.4--c4W
Z. If the expansion and/or modification is classified within the Artisan.
Limited or General Manufacturing categori and is r a less intensive
industrial use than was operating as of
A-416 - Planning Board Recommendation
Board ofCommissioners June 2,2014
ITEM: 13'3 5
Page 5
227 Ctober 2. 201.E
229 G er+c-r4 P14i +u Wvr i rrg-c-4. e ...r4,
230 3. If the existing industrial use is classified within the General, Limited or
231 Artisan Manufacturing categories, the use may expand and /or modify to
232 a different use within that same category.
233
234
235 Section 533: 1 -2 Heavy Industrial
236 (10/3/11)
237
238 53.3 -1: The 1 -2 zoning district is established to set aside areas of the County for a full range of
239 manufacturing, fabrication, assembly, warehousing, and distribution uses associated with heavy
240 industrial land uses where heavy industry can find suitable sites served by rail, waterway and
241 highway transportation. The district is also established to subsequently protect nonindustrial
242 districts situated outside the district and minimize environmental impacts caused by the uses within
243 the district. Outdoor operations and storage are appropriate for this district provided that the
244 district standards are met. Certain uses within the 1 -2 district shall require a special use permit as
245 specified in the Table of Permitted Uses. No 1 -2 District shall be less than five (5) acres in area.
246
247 53.3 -2: DELETED (1/5/81)
248
249 53.3 -3: DELETED (1/5/81)
250
251 53.3 -4: Dimensional Requirements:
252
253 (1) Minimum lot area -None
254
255 (2) Minimum front yard building setback -50 feet
256
257 (3) Minimum side and rear yard building setbacks for property abutting residential shall be
258 calculated in accordance with Section 60.3.
259
260 (4) Buffers must be established between 1 -2 and adjacent, non - industrial uses, in
261 accordance with Section 62.1 -4 of this ordinance.
262
263
264
265
266
267 c:®.i..; .1. i.i.. .
268 +a..r.:.Wda�cl::...i.i. er4rr .rt:aWril ' rmeer`a
269 f:ar— ve�i -- rd` a—iec C.. .aavr
A -416 — Planning Board Recommendation
Board of Commissioners - June 2, 2014
ITEM: 13- 3 - 6
Page 6
270 r. 1. .1... r#e ...rr+iW. . _ -dee -d-r -L� 1 to i .�ff ejee erg
271 4-c...
272 ie ra a s Fwd - i s ri e i -e e f a -I -er 44Pega -+1 ra
273 r4
274 4f e
275
276 53.3 -5: Parking - Parking and loading shall be provided in accordance with the provisions of Article
277 VIII.
278
279 53.3 -6: Signs - Signs shall be in accordance with Article IX.
280
281 53.3 -7: DELETED (3/9/88)
282
283 53.3 -8: Existing Industrial Uses:
284 (10/3/11)
285
A -416 - Planning Board Recommendation Page 7
Board of Commissioners - June 2, 2014
ITEM: 13- 3 - 7
312 1. If the expansion and /or modification is for the same existing industrial
313 use that was in active operation and open for business as of . ., c4W
314 2. 2011 .
315 2. If the expansion and /or modification is classified within the Artisan
316 Limited or General Manufacturing caterj r i and is for a less intensive
317 industrial use than was in active operation and open for business as of
318 2, 2011 .
319,:.5`
320
321 3. If the existing industrial use is classified within the General, Limited or
322 Artisan Manufacturing categories, the use may expand and /or modify to
323 a different use within that same category.
324 B. Exception for Modifications and /or Expansions onto Adjacent or Contiguous Parcels:
325 Modifications and /or expansions of existing industrial uses shall be allowed without �� �rrecj l
326 ,€ e rrerrrCii on tax parcels adjacent or contiguous (excluding rights of way) to the current use, if
327 properly zoned, and held in the same ownership as on
328 tidy - et4 October 2 2 -- (including successor ownership) and provided one (I; of the
329 following criteria -ai -Mies:
330
331 1. If the expansion and /or modification is for the same existing industrial
332 I use that was in active operation and open for business as of . ., c4W
333 2, 2011 .
334 2. If the expansion and /or modification is classified within the Artisan.
335 Limited or General Manufacturing category and is for a less intensive
336 industrial use than was in active operation and open for business as of
337 I - - �t. : i �o d o t:r�d e ` c rer 2.. 2011 .
338 (Ex. An existing Intensive Manufacturing use could transition to a use in
339 the Artisan, Limited or General Manufacturing category).
340 If the existing industrial use is classified within the General, Limited or Artisan Manufacturing categories,
341 the use may expand and /or modify to a different use within that same category.
342
343
344
345
A -416 - Planning Board Recommendation
Board of Commissioners - June 2, 2014
ITEM: 13- 3 - 8
Page 8
346 ARTICLE VII: PROVISIONS FOR USES ALLOWED AS SPECIAL USES
347
348 Section 70: Objectives and Purposes of Special Use Permits
349
350 70 -1: Special Use Permits add flexibility to the Zoning Ordinance. Subject to high standards of
351 planning and design, certain property uses may be allowed in the several districts where
352 these uses would not otherwise be acceptable. By means of controls exercised through
353 the Special Use Permit procedures, property uses which would otherwise be undesirable
354 in certain districts can be developed to minimize any bad effects they might have on
355 surrounding properties.
356
357 Section 71: Special Use Permits Issued by the Board of County Commissioners
358
359 71 -1: General Requirements
360
361 (1) Special Use Permits may be issued by the Board of County Commissioners for
362 the establishment of uses listed as special uses in Article V after a public hearing
363 and after Planning Board review and recommendation. The Planning Board may
364 recommend conditions which assure that the proposed use will be harmonious
365 with the area and will meet the intent of this ordinance. Single- family dwellings,
366 including mobile homes shall not require Planning Board review prior to County
367 Commissioner action. (1/2/90)
368
369 (2) In order to assist petitioners through the r cess for obtaining a -�ecial Use
370 errr:ii, eiiiic r er re er c r €r e i re rte ire -a C C lication conference
371 r ric r i C C lic i is r r €h :i i 1, cicli is r ll;, ei i is r erg are rear €fired to hold a
372r €li re:eean in - rccrcl�nce iihecin -, i hel infrre: cre:re:r €nip
373 members of the or oo al and to firm solutions to issues that mav arise,
374
A -416 — Planning Board Recommendation
Board of Commissioners - June 2, 2014
ITEM: 13- 3 - 9
Page 9
393
394 e Ordinance,
395
396 An application fee established by the County Commissioners shall be
397 paid to the County of New Hanover, North Carolina to cover necessary
398 administrative costs and advertising expenses. (O/ZZ/OZ) Such application shall
399 include all of the requirements pertaining to it in this Article. (5/2/83)
400
401 as outlined in Section of this
402 ordinance. (2/6/89)
403 lication is co olet ursuant to Subsection (3', below Count hall
404 make the contents of the a )Dlication available on the county's website and shall
405 n on the website to the
406 | ' °
407
408 elieves could be
409 relevant to a determination of imDacts to surrounding oro,_erties and or the
410
411 be in the form of teStS Studies, reports, etc, evaluating factorc, such as, sound
412 water ualit or other
413 factor-1 lootentially relevant to the four, re- uirements listed in Section 71-D4 ,
414 In the event that this information is re, Uested then it will be r-Muested within
415 fifteen (15) d s of the date on which the COU staff confir a com, lete
416 olicatio ursuant to Subsection below, Irre ective of whether such
417 information is COUnt:�/ Staff or, whether, the applicant decides to
418 Board shall
419
420 continuance in which case a Uest for, del; i of consideration m; - `
421 of the Ordinance, The
422 ire additional information
423
424 | sLecial use permits,,
425
426 If an licant has obtained and submits ermit from a Federal ctate an
427 local authorit th ermit shall be considered co tent cUbstantial and
428 material evidence with res'Dect to the s eci fic su Nect matter covered by the
429 commissioner's ma a so
430
431 nnin staff or an other
432
433 State or Federal officials ma- be reaUested to provide assistance in evaluating
434 information contained in these , erm ts,
435
436 und on the New Hanover Countv
437 addition to
438 the a olication. the following information and materials are re-, uired for
439 | sub�Iissk�m
A'416— Planning Board Recommendation Page 10
Board ofCommissioners June 2,2014
ITEM: 13'3 10
40
441
442
443
444
a contract or An ontion to
445
446
447
ee schedule
448
2436 co ies of the site
449
al version, The
450
site
451
missioners, Each
452
453
1, Tract boundaries and total area location of ad'oinin
454
and roads
455
2, ProDosed use of land structures and olthher improvements, For
456
residential Uses this. shall include number, height ' ' e of
457
units and area to be ocCU'loied by each structure and or
458
subdivided boundaries, For non-residential structures. this. shall
459
of each
460
461
462
463
4, Traffic and Parking Plan to include a statement of imnAct
464
465
466
width and right-of-waV for, internal streets and location
467
468
5, All existing a" or-posed easements. reservations. ired
469
470
6, The one hundred '100) lear, floodlolain line if
471
7, Location and sizing of trees. re uired to be "rotected under
472
Section 62 of the Zoning- Ordinance
473
8, An additional conditions and reauirementc, ',A/hirh rp
474
ract than
475
or other
476
limitations on land which ma\/ be regulated State law or Local
477
Ordinance,
478
9, An other information that will facilitate review of the DrraincPH
479
480
its that have been or will
481
482
483
|
/4\ Upon
receiving the recommendations of the Planning Board and holding a
484
public
hearing, the Board of County Commissioners may grant or deny the
485
Special
Use Permit requested. The Special Use Permit, if granted shall include
A-416 - Planning Board Recommendation Page 11
Board ofCommissioners June 2,2014
ITEM: 13'3 11
486
such approved plans as may be required. In granting the Special Use Permit the
487 I
Commissioners shall find: (1/2/90)
488
489
(A) that the use will not materially endanger the public health or safety if
490
located where proposed and approved;
491
(B) that the use meets all required conditions and specifications;
492
(C) that the use will not substantially injure the value of adjoining or
493
abutting property, or that the use is a public necessity; and
494
(D) that the location and character of the use if developed according to the
495
plan as submitted and approved will be in harmony with the area in
496
which it is to be located and in general conformity with the plan of
497
development for New Hanover County. (5/2/83)
498
499
(5)
In granting the permit the Board of County Commissioners may recommend and
500
designate such conditions in addition and in connection therewith, as will in its
501
opinion, assure that the use in its proposed location will be harmonious with the
502
area in which it is proposed to be located and with the spirit of this Ordinance.
503
All such additional conditions shall be entered in the minutes of the meeting at
504
which the permit is granted and also on the certificate of the Special Use Permit
505
or on the plans submitted therewith. All specific conditions shall run with the
506
land and shall be binding on the original applicants for the Special Use Permit,
507
their heirs, successors and assigns. A Special Use Permit, issued by the Board of
508
County Commissioners shall become null and void if construction or occupancy
509
of the proposed use as specified on the Special Use Permit is not commenced
510
within twenty -four (24) months of the date of issuance. If an extension is
511
desired, a request must be submitted in writing to the New Hanover County
512
Planning and Inspections Department prior to the expiration. Extensions may
513
be granted in accordance with section 112 -6 of the Ordinance.(12 /17/2012)
514
A Board of County Commissioners decision on an extension may be appealed in
515
conformity with the requirements of Section 71 -1(6) of this Ordinance. (5/2/83),
516
(10/7/91)
517
518
(6)
If the Board of County Commissioners denies the Permit, the Board shall enter
519
the reasons for its action in the minutes of the meeting at which the action is
520
taken. (5/2/83)
521
522
(7)
Every decision by the Board of Commissioners issuing or denying a special use
523
permit shall be subject to review by the Superior Court by proceedings in the
524
nature of certiorari. Any petition for review by the Superior Court shall be filed
525 I
with the Clerk of Superior Court within ihir v (301 days after the decision of the
526
Board is filed in the Office of the Clerk to the Board, or after a written copy
527
thereof is delivered to every aggrieved party who has filed a written request for
528
such copy with the Clerk or Chairman of the Board at the time of the hearing of
529
the case, whichever is later. (5/3/82)
530
531
(8)
In addition to the specific conditions imposed by the regulations of this
532
Ordinance and whatever additional conditions the Board deems reasonable and
A -416 — Planning Board Recommendation Page 12
Board of Commissioners - June 2, 2014
ITEM: 13- 3 - 12
533
appropriate, special uses shall comply with the height, yard, area and parking
534
regulations for the use district in which they are permitted unless otherwise
535
specified. If additional yard area is required for a special use, such additional
536
area may be used for off - street parking. A—irrW
537
I
&4&e4'Traffic Information Worksheet is required Lo ire c rnplete , Ffor any
538
development that will generate more than 100 trips during the peak hour; a
539
fir: i.0 i...rr '@,CA-tom
540
be prepared in accordance with ,E+� i an darc1 and -64 ld a ,uchd elines,
541
approved by the County and shall be submitted at least iwenti -five (25' cia �s,
542
fet wc,&k- -prior to the first scheduled meeting of the project's review. (5/02)
543
544
(9)
In the event of failure to comply with the plans approved by the Board of
545
County Commissioners or with any other conditions imposed upon the Special
546
Use Permit, the Permit shall thereupon immediately become void and of no
547
effect. No building permits for further construction or certificates of occupancy
548
under this Special Use Permit shall be issued, and all completed structures shall
549
be regarded as non - conforming uses subject to the provisions of Article IV of
550
this Ordinance provided, however, that the Board of County Commissioners
551
shall not be prevented from thereafter rezoning said property for its most
552
appropriate use.
553
554
(10)
The original applicant(s), their successors or their assignee may make minor
555
changes in the location and /or size of structures provided the necessity for
556
these changes is clearly demonstrated. Minor changes shall be reviewed by the
557
Planning and Inspections Department and upon favorable recommendation by
558
the Planning and Inspections Director may be approved by the Zoning
559
Administrator. Such approval shall not be granted should the proposed revisions
560
cause or contribute to:
561
562
(A) A change in the character of the development.
563
(B) A change of design for, or an increase in the hazards to pedestrian and
564
vehicle traffic circulation, or
565
(C) A modification in the originally approved setbacks from roads and /or
566
property lines exceeding ten percent. (5/4/81) (9/3/2013)
567
568
(11)
Resubmittals: An application for a special use which has been previously
569
denied may be resubmitted only if there has been a change in
570
circumstances as determined by the Planning and Inspections Director
571
or the director's designee.
572
573
Evidence presented in support of the new application shall initially be limited to
574
what is necessary to enable the Planning and Inspections Director to determine
575
whether there has been a substantial change in the facts, evidence, or
576
conditions of the case and shall include:
577
578
(A) Circumstances affecting the property that is the subject of the
579
application which have substantially changed since the denial; or
A -416 - Planning Board Recommendation Page 13
Board of Commissioners - June 2, 2014
ITEM: 13- 3 - 13
580 (B) New information available since the denial that could not with
581 reasonable diligence have been presented at a previous hearing.
582
583 If the Planning and Inspections Director deems the evidence substantially
584 changed, the proposal may be resubmitted as a new application.
585
586 Appeal of the Planning and Inspections Director's decision may be made
587 to the Board of County Commissioners. (9/07)
588
A -416 — Planning Board Recommendation
Board of Commissioners - June 2, 2014
ITEM: 13- 3 - 14
Page 14
A-4|0— Planning Board Recommendation — TuhlcofPcunittedOeca
A-416 Planning Board Recommendation
Board ofCommissioners June 2,2014
ITEM: 13'4 1
Page 1
Manufacturing
Grain and Odseed W'
p
3112
Sugar and Confectioner Pr
LE y odUCt
3113
mng and
FE uft and Vegetable Preser
3114
Seafood Product Preparation and
L LE
3117
"'a ManufaCtWllng
p
3118
Printing and Related Suppor L
3231
Lun
Spring and Wire Product
3326
Agriculwre, Construction, and
L LE LE
3331
U
3333
Ventilation, Heating, A,r-
3334
LE n
M
3335
Other General Purpose Machinery
A-416 Planning Board Recommendation
Board ofCommissioners June 2,2014
ITEM: 13'4 1
Page 1
A-4|0— Planning Board Recommendation — TuhlcofPcunittedOeca
A-416 Planning Board Recommendation
Board ofCommissioners June 2,2014
ITEM: 13'4 2
Page 2
Corn municat-ions Equipment
3342
Audio and Video Equipment
3343
Semiconductor and Other Electronic
3344
Navigational, Measuring,
334S
Electrornedical, and Control
Manufacturing and Reproducing
3346
Electric Lighting Equipment
3351
Household Appliance Manufacturing
P
S
P
P
P
3352
Other Electrical Equipment and
3359
Household and InqAutional
3371
Furniture and Kitchen Cabinet
Office Furniture (including Fixtures)
3372
Other Furniture Related Product Man.
P
S
P
P
P
3379
Fextile and Fabric Finishing and
3133
Other Textile
Product Mills
S
P
3149
Leather and Hide Fanning and
3161
Other Leather and Allied Product
3169
SawnKs and Wood Preservation
S
P
3211
Veneer, Plywood, and Engineered
3212
Wood Product Manufacturing
S
P
Other Wood Product Manufacturing
S
P
3219
Conver-ted Paper Product
3222
A-416 Planning Board Recommendation
Board ofCommissioners June 2,2014
ITEM: 13'4 2
Page 2
A-4|0— Planning Board Recommendation — TuhlcofPcunittedOeca
A-416 Planning Board Recommendation
Board ofCommissioners June 2,2014
ITEM: 13'4 3
Page 3
Iron and Steel Mills and Ferroalloy
3311
Steel Product Manufacturing from
Purchased Steel
S
P
3312
Alumina and Aluminum Production
and Processing
S
P
3313
Nonferrous Metal (except
33111
Forging and Stamping
S
P
3321
Boiler, Fank, and Shipping Container
3324
Coating, Engraving, Heat Treating,
3328
Other Fabricated Metal Product
3329
Motor Vehicle Manufacturing
S
P
3361
Motor Vehicle Body and Frailer
3362
Motor Vehicle Parts Manufacturing
S
P
3363
Aerospace Product and Parts
3364
Railroad Rolling Stock ManufacturinL__
S
P
336S
Ship and Boat Building
S
P
3366
Other Fransportation Equipment
3369
Medical Equipment and Supplies
3 3 91
Machine Shops; Furned Product; and
Screw, Nut, and Bolt Manufacturing
S
P
3327
Architectural and Structural Metals
3323
Apparel Knitting Mills
S
P
31S1
Cut and Sew Apparel Manufacturing
S
P
3152
Apparel Accessories and Other
Apparel Manufacturing
S
P
3159
Fiber, Yarn, and Fhread Mills
S
P
3131
Fabric Nils
S
P
3132
A-416 Planning Board Recommendation
Board ofCommissioners June 2,2014
ITEM: 13'4 3
Page 3
A-4|0— Planning Board Recommendation — TuhlcofPcunittedOeca
A-416 Planning Board Recommendation
Board ofCommissioners June 2,2014
ITEM: 13'4 4
Page 4
Mt
nsiveManufacturim,
Pulp, Paper, and Paperboard Mills
S
3221
Petroleum and Coal Products
3241
Manufacturing
S
Basic Chemical Manufactwing
S
3251
Resin, Syrrthetic Rubber, and
3252
Artificial Synthetic Fibers and
Pesticide, Fertilizer, and CYther
32S3
Agricultural Chemical ManLiacturing
S
Pharrnaceoical and Medicine
3254
Manufacturing
Paint, Coating, and Adhesive
3255
Manufacturing
S
Soap, Cleaning Compound, and
3256
Foilet Preparation Manufacturing
S
Chher CherTlical Product and
3259
Preparation Manufacturing
S
Plastics Product Manufacturing
S
3261
Rubber Product Manufacturing
S
3262
Clay Product and Refractory
3 2 71
Glass and Glass Product
3272
Manufacturing
S
Cement and Concrete Product
3273
Manufacturing
S
Lime and Gypsum Product
3274
Manufacturing
S
Dther Nonmetallic Mineral Product
3279
Manufacturing
S
Foundries
S
331S
Electricity Generating Facilities
S
A-416 Planning Board Recommendation
Board ofCommissioners June 2,2014
ITEM: 13'4 4
Page 4
A-416 Text Amendment-- Additional Staff Recommendation
|n order to allow staff to adequately plan and manage workload and to assure that proposed
timelines for application review can be met, staff recommends the following change tothe
text recommended by the Planning Board (proposed changes are highlighted):
375
AAL2olicants, rnavjinclude T.he owner or owners e*–their
376
duly authorized agent,
377
he property included in the petition fora Special Use
378
|
Permit shall
379
submit an application to the New Hanover County Planning and Inspections
380
Department at least **e*4-4+g–days prior to the #e�
381
eeting of the Planning Board at which the applicant seeks to
382
|
383
384
No later than five (5', da is aftera++ t1he; —: lication deadihne
385
386
ss of the
387
388
ts additional information
389
390
391
formation, So long- s an
392
393
394
ication at the Reauested
395
ursuant to Section 111-3
396
|
of the Ordinance,
397
398
In the event an application is submitted prior to the application deadline and
399
the applicant wishes for the application to be reviewed for completeness, a
400
request for such review shall be submitted in writing to the Planning and
401
Inspections Director. The Planning and Inspections Director will evaluate the
402
request based on staff availability. |f the request is granted, then the Planning
403
|
and Inspections Director shall arrange for the timely review of the application.
A-416 additional staff recommendation
Board ofCommissioners June 2,2014
ITEM: 13'5 1
Modifications as per Garner Study
Permitted Uses
PD
R
20S
R
20
R
15
R
10
R
7
B
1
B
2
I
1
1
2
O
&
1
A
R
A
I
S'
C
R
A
R
F
M
U
SupP
Regs
NAICS
Manufacturing
tisan Manufacturing
P
P
P
P
P
P
P
L.
mi'ted Man faEtu�
Animal Food Manufacturing
P
S-
P
P
P
3111
Grain and Oilseed Milling
P
S-
P
P
P
3112
Sugar and Confectionery Product
Manufacturing
P
S
P
P
P
3113
Fruit and Vegetable Preserving and
Specialty Food Manufacturing
P
S
P
P
P
3114
Dairy Product Manufacturing
P
S-
P
P
P
3115
Animal Slaughtering and Processing
P
S-
P
P
P
3116
Seafood Product Preparation and
Packaging
P
S
P
P
P
3117
Bakeries and Tortilla Manufacturing
P
S-
P
P
P
3118
Other Food Manufacturing
P
S-
P
P
P
3119
Beverage Manufacturing
P
S-
P
P
P
3121
Printing and Related Support
Activities
P
S-
P
P
P
3231
Cutlery and Handtoo) Manufacturing
P
S-
P
P
P
3322
Hardware Manufacturing
P
S-
P
P
P
3325
Spring and Wire Product
Manufacturing
P
S
P
P
P
3326
Agriculture, Construction, and
Mining Machinery Manufacturing
P
S
P
P
P
3331
Industrial Machinery Manufacturing
P
S-
P
P
P
3332
Commercial and Service Industry
Machinery Manufacturing
P
S
P
P
P
3333
Ventilation, Heating, Air-
Conditioning, and Commercial
Refrigeration Equipment
Manufacturing
P
S
P
P
P
3334
Metalworking Machinery
Manufacturing
P
S
P
P
P
3335
Engine, Turbine, and Power
Transmission Equipment
Manufacturing
P
S
P
P
P
3336
Other General Purpose Machinery
Manufacturing
P
S
P
P
P
3339
Computer and Peripheral Equipment
Manufacturing
P
S
P
P
P
3341
A -416 Garner
Board of Commissioners - June 2, 2014
ITEM: 13- 6 - 1
Page 1
Modifications as per Garner Study
A -416 Garner
Board of Commissioners - June 2, 2014
ITEM: 13- 6 - 2
Page 2
R
O
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
Communications Equipment
3342
Manufacturing
P
S
P
P
P
Audio and Video Equipment
3343
Manufacturing
P
S
P
P
P
Semiconductor and Other Electronic
3344
Component Manufacturing
P
S
P
P
P
Navigational, Measuring,
3345
Electromedical, and Control
Instruments Manufacturing
P
S
P
P
P
Manufacturing and Reproducing
3346
Magnetic and Optical Media
P
S
P
P
P
Electric Lighting Equipment
3351
Manufacturing
P
S
P
P
P
Household Appliance Manufacturing
P
S-
P
P
P
3352
Electrical Equipment Manufacturing
P
S-
P
P
P
3353
Other Electrical Equipment and
3359
Component Manufacturing
P
S
P
P
P
Medical Equipment & Supplies
3391.
M a ri u ira cturir'E
P
S
P
P
P
Other Miscellaneous Manufacturing
P
S-
P
P
P
3399
Household and Institutional
3371
Furniture and Kitchen Cabinet
Manufacturing
P
S
P
P
P
Office Furniture (including Fixtures)
3372
Manufacturing
P
S
P
P
P
Other Furniture Related Product Man.
P
S`
P
P
P
3379
ale
eral Manufacturin..
Textile and Fabric Finishing and
3133
Fabric Coating Mills
S
P
Tobacco Manufacturing
S
P
3122
Other Textile
Product Mills
S
P
3149
Leather and Hide Tanning and
3161
Finishing
S
P
Footwear Manufacturing
S
P
3162
Other Leather and Allied Product
3169
Manufacturing
S
P
Sawmills and Wood Preservation
S
P
3211
Veneer, Plywood, and Engineered
3212
Wood Product Manufacturing
S
P
Other Wood Product Manufacturing
S
P
3219
A -416 Garner
Board of Commissioners - June 2, 2014
ITEM: 13- 6 - 2
Page 2
Modifications as per Garner Study
Permitted Uses
PD
R
20S
R
20
R
15
R
10
R
7
B
1
B
2
I
1
I
2
O
&
1
A
R
A
I
S'
C
R
A
R
F
M
U
SUPP
Regs
NAICS
Converted Paper Product
Manufacturing
S
P
3222
Iron and Steel Mills and Ferroalloy
Manufacturing
S
P
3311
Steel Product Manufacturing from
Purchased Steel
S
P
3312
Alumina and Aluminum Production
and Processing
S
P
3313
Nonferrous Metal (except
Aluminum) Production & Processing
S
P
3314
Forging and Stamping
S
P
3321
Boiler, Tank, and Shipping Container
Manufacturing
S
P
3324
Coating, Engraving, Heat Treating,
and Allied Activities
S
P
3328
Other Fabricated Metal Product
Manufacturing
S
P
3329
Motor Vehicle Manufacturing
S
P
3361
Motor Vehicle Body and Trailer
Manufacturing
S
P
3362
Motor Vehicle Parts Manufacturing
S
P
3363
Aerospace Product and Parts
Manufacturing
S
P
3364
Railroad Rolling Stock Manufacturing
S
P
3365
Ship and Boat Building
S
P
3366
Other Transportation Equipment
Manufacturing
S
P
3369
Machine Shops; Turned Product; and
Screw, Nut, and Bolt Manufacturing
S
P
3327
Architectural and Structural Metals
Manufacturing
S
P
3323
Apparel Knitting Mills
S
P
3151
Cut and Sew Apparel Manufacturing
S
P
3152
Apparel Accessories and Other
Apparel Manufacturing
S
P
3159
Textile Furnishings Mills
S
P
3141
Fiber, Yarn, and Thread Mills
S
P
3131
Fabric Mills
S
P
3132
A -416 Garner
Board of Commissioners - June 2, 2014
ITEM: 13- 6 - 3
Page 3
Modifications as per Garner Study
A-416 Garner
Board of Commissioners - June 2, 2014
ITEM: 13- 6 - 4
Page 4
R
0
IF
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
Intinsive Manufacturing
Pharmaceutical and Viedicine
32S41?
M a ri u ira ct u r i ri g
S
P
P
Biological Product Mar' wiracturing
S
P
P
32S414
Pulp, Paper, and Paperboard Mills
S
3221
Petroleum and Coal Products
3241
Manufacturing
S
Basic Chemical Manufacturing
S
3251
Resin, Synthetic Rubber, and
3252
Artificial Synthetic Fibers and
Filaments Manufacturing
S
Pesticide, Fertilizer, and Other
3253
Agricultural Chemical manufacturing
S
4aR4-m&,r,,,�
Paint, Coating, and Adhesive
3255
Manufacturing
S
Soap, Cleaning Compound, and
3256
Toilet Preparation Manufacturing
S
Other Chemical Product and
3259
Preparation Manufacturing
S
Plastics Product Manufacturing
S
3261
Rubber Product Manufacturing
S
3262
Clay Product and Refractory
3271
Manufacturing
S
Glass and Glass Product
3272
Manufacturing
S
Cement and Concrete Product
3273
Manufacturing
S
Lime and Gypsum Product
3274
Manufacturing
S
Other Nonmetallic Mineral Product
3279
Manufacturing
S
Foundries
S
3315
Fuel Bulk Storage Facilities
S
Electricity Generating Facilities
S
A-416 Garner
Board of Commissioners - June 2, 2014
ITEM: 13- 6 - 4
Page 4
O'Keefe, Chris
From: John Monroe <JMonroe2@ec.rr.com>
Sent: Monday, May 1, 2014 1:38 PM
To: O'Keefe, Chris
Subject: Special Use Permit
Attachments: SPECIAL USE PERMIT COMMENTS06MAR13REV06MAR14REVI.docx
I presenME=ffirnanning 11 =_q
other public hearing over the past 2 or 3 years. Needless to say, I strongly support the amended SUP.Thanks for
considering my comments again. John Monroe
Total Control Panel
To: cokeefe(a!nhcgov.com
Ud
1k-6Mbk& 1AWA
I
. . ... .........
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Board of Cornmislioners - June 2, 2014
ITEM: 13- 7 - 1
�� lad #'\ r #�'# 'if � 1 �� ■ i i i;' # �
A JOB. I AM SPEAKING ON BEHALF OF MY ENTIRE FAMILY AND ASA MEMBER OF THE COALITION FOR
ECONOMIC R
INSTITUTIONS *F DECEMBER 2103, NEW HANOVER COUNTY HAD 6,646 INDIVIDUALS UNEMPLOYED; FOR THE THREE
COUNTY AREA, THERE WERE OVER 12,600 SEEKING EMPLOYMENT.
IN ADDITION, OVER 4,000 YOUNG PEOPLE ARE GRADUATING EACH YEAR FROM OUR EDUCATIONAL
, COUNTY. . OF r 1 LIKE TO HAVE . JOB IN NEW
HANOVER COUNTY.
E. WHILE IT IS GOOD
TO HAVE A BALANCE OF SERVICE, RETAIL, ADMINISTRATIVE, CONSTRUCTION, HEALTH CARE, AND
WHOLESALE [ + CTURING INDUSTRIES THAT PROVIDE JR
CONTRIBUTIONS TO OUR OVERALL TAX BASE. THESE INDUSTRIES PROVIDE HIGH WAGE JOB
OPPORTUNITIES FOR OUR RESIDENTS. THEY PROVIDE TAX REVENUE FOR OUR SCHOOLS, POLICE
PROTECTION, PARKS AND RECREATION AND OTHER IMPORTANT SERVICES.
JUST AS ►tl• + AS i NT TAX REVENUE GENERATED ► INDUSTRIES, WE r
THE CORPORATE INVOLVMENT R LEADERSHIP THAT INDUSTRIES BRING TO THIS AREA.
YOU A EVIDENCE OF 1 USTRY LEADERSHIP IN OUR CIVIC CLUBS, THE
CHAMBER,
COMMITTEE OF 100, THE HOSPITAL, THE UNITED WAY, AND MANY OTHER ORGANIZATIONS.
THE JANUARY 25 STAR NEWS EDITORIAL MADE A GOOD POINT ABOUT THIS HEARING PROCESS. I
QUOTE: " BOTH SIDES, THE APPLICANT AS WELL AS THE OPPOSITION, MUST BACK UP THEIR
ARGUMENTS WITH EVIDENCE. STATEMENTS SUCH AS " IT WILL DEVALUE OUR PROPERTY OR HARM THE
# ARE r OPPONENTS PRESENT COMPELLING EVIDENCE, AS
STUDIES, DOCUMENTS, OR EXPERT TESTIMONY. BEEN ! R IN THESE HEARING FOR OVER
TWO YEARS AND I HAVE NOT SEEN OR HEARD OF ANY COMPELLIING 1 PRESENTED
Board of Commissioners - June 2, 2014
ITEM: 13- 7 - 2
Board of Commissioners - June 2, 2014
ITEM: 13- 7 - 3
O'Keefe, Chris
From:
Warwick, Bob <Bob. Warwick@mcgladrey.com>
Sent:
Friday, May 16, 2014 9:56 AM
To:
O'Keefe, Chris
Subject:
Comments on SUP Amendments
RIM
in NH County are manufacturing jobs.
7. The Ports will not exist without industry in the area to import and export goods.
V. The current environment is extremely competitive for new industry. They do not have to come here.
L The amendments to the SUP still leave us with a very functional SUP, but hopefully, it will not totally eliminate
industry from considering New Hanover County as a potential site.
10. New Hanover County needs new industry to improve our tax base.
Thank you,
ZITIMM171w,
JF1 VIAJ
Tax Manager
McGladrey LLP
300 N. Third St.
1111i,F • np
Hir Elio
1;; 1 anu may c y, any opinions or
comments are personal to the writer and do not represent the official view of the company. If you have received this e-mail in error, please notify us
immediately by reply e-mail and then delete this message from your system. Please do not copy it or use it for any purposes, or disclose its contents to any
other person. Thank you for your cooperation.
9
Board of Commissioners - June 2, 2014
ITEM: 13- 7 - 4
Circular 230 Disclosure: Any advice contained in this email (including an., attachments unless expressly stated otherwise) is not intended or written to be
used, and cannot be used, for purposes of avoiding tax penalties that may be imposed on any taxpayer.
Total Onnftol Panel
To: cokeefeeCq]LhcZoy.corn
From: hob arwick �mc lad�recmn
.w�
Message Score: I
Nly Spam Blocking Level: Custom
Block this sender
Block mcgladrey.com
0�=11 1101111 111 11111 � 11111,111 1 l�
0
Board of Commis1sioners - June 2, 2014
ITEM: 13- 7 - 5
Um
Nort� rfna
9MUNIM
Mr. Chris O'Keefe, Director
lium7yVi
230 Government Center Drive
Wilmington, NC 28403
Hanover County Special Use Permit (SUP) Ordinance
U01111110IM Ift 11C111191TRE YT Me wwTVnTY17,3,M
71LUIL proposed re-visions 10 tne Npecialfsi*
Permit (SUP) ordinance.
Board of Commissioners - June 2, 2014
ITEM: 13- 8 - 1
notably, the 55 day review timeframe, adding the requirement to list local, state and federal
permits required and/or applied for, and the requirement for a public meeting addressed some of
our significant concerns, as well as those of the general public.
draA. IT e oner the following specific comments ana suggesteu cnwimays Lo LUHLE !M,! '# =revisions
to the County's Special Use Permit ordinance:
Fill"'
F _7701"Ll"
major planning initiatives to guide the growth and ffiture of the county. Therefore, any
substantive changes to the SUP should be reviewed and considered as part of the county's
Comprehensive Plan and the Economic Targeting strategy efforts and be considered in an operi
and transparent public engagement process.
ffix=
Board of Commissioners - June 2, 2014
ITEM: 13- 8 - 2
Section 53.2-8.1 (A) (B) (lines 185-229) Light Industry: Modifications and'
Expansions of Existing Industrial Uses on the Same Parcel or Adjacent or
Contiguous Parcels.
Section 53.3 -8 (A) & (B) Heavy Industry Oines 308-339)
Proposed changes to these sections open the door for changes in use and/or expansions
without any staff or Board review. This is highly problematic for two reasons:
(1) As written, intensive manufacturing industries could request a SUP for projects
minimal in size, scope and impacts, ensuring a likelihood of approval. Once approved,
the potential for future increases in size, use of public resources and effects is unlimited,
with
• local oversight • public involvement.
Board of Commissioners - June 2, 2014
ITEM: 13- 8 - 3
expansions, the exceptions identified in A & B opens the door for potential
envirom-nental or public health risks the County could avoid with proper local review and
Revisions to the Table of Permitted Uses: The recommendation to allow certain target
industries to locate in 1-2 or A-1 districts without a SUP does not provide the reasoning
for this proposed change and does not represent a well thought out due diligence process
Board of Commissioners - June 2, 2014
ITEM: 13- 8 - 4
LEVU issie,—Ala we thank the count7
staff for their work • these ordinance amendments. 'V�e are available to further discuss our
concerns and suggestions on the proposed changes to the zoning ordinance for industrial
operations.
9=
Cc. Chris Coudriet, County Manager
Tim Burgess, Assistant County Manager
Tracy Skrabal, SE Regional Manager, NC Coastal Federation
Geoff Gisler, Southern Environmental Law Center, Staff Attorney
New Hanover County Board of Commissioners
Board of Commissioners - June 2, 2014
ITEM: 13- 8 - 5
CAP[ Protecting an improving the water quality of
the Lower a ear River sin through
FEAR = WKFCT Education, Advocacy, and tin
f :
7
y
f
x _
i
•
• ,. is • _ ! • • !!
1
• — — !! ♦ ♦ M — to #
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dir `
I 111101TI! , OF
15111M 111 '1111111113F
community. These are not unreasonable considerations, especially for a County such as New
Hanover.
Special Use Permit. Apparently, experienced planning staff are no longer drivi g the zoning
decisions for the County — those decisions are now being made by management, under
pressure from persuasive members of industrial coalitions,
Specifically, Cape Fear River Watch has several concerns with the proposed amendments ts
the SUP:
Board of Commissioners - June 2, 2014
ITEM: 13- 8 - 7
category require a new SUP. Changes or expansions within other manufacturing
categories should be evaluated by the staff on a case by case basis, to determine the
-totential for significant effects on public resources and the community.
A strong SUP is good for our New Hanover County. The specious and unsupported claims by
industry groups that the SUP is somehow driving away business are ridiculous. Our community
deserves • have some control over heavy industry in our community. We deserve to know that
our health and our environment will not be destroyed in the name of profit, We deserve to have
elected officials looking out for the people's interest.
Board of Commissioners - June 2, 2014
ITEM: 13- 8 - 8
O'Keefe, Chris
From: Juliene Johnson <jbjohnson118@hotmaiI.com>
Sent: Sunday, May 18, 2014 7:34 AM
To: O'Keefe, Chris
Subject: Special Use Permit
AVICI� I I k�111-ellalll
polluters.
Thank you for your consideration. Julienne Johnson
910-508-1405
4135 Abbington Terrace, Wilmington, NC 28403
Board of Commissioners - June 2, 2014
ITEM: 13- 8 - 9
O'Keefe, Chris
From: Scott Whitham <scottw@cfrw.us>
Sent: Monday, May 19, 2014 8:14 AM
To: O'Keefe, Chris
Subject: Special Use Permit
M
By this time I imagine you've heard all the arguments before, but recent news suggests that our county
commissioners -, more than ever, are NHC reside *
future. It has become obvious that the politicians at the state level do not have our best interests at heart
regarding our health or our economic stability for future generations.
Total Contrei Panel
WM
To: cokgo Message Score: 30
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5
Board of Commissioners - June 2, 2014
ITEM: 13- 8 - 10
O'Keefe, Chris
From: Gareth Evans <gareth@bellamymansion.org>
Sent: Friday, May 16, 2014 3:58 PM
To: O'Keefe, Chris
Subject: Special use permit
Vie neeil jrab-s,-,n- zxQW or in service indus-tfW--W-Qw-
very true. My problem is with heavy industry in a congested County when it impacts other facets of that County that
make both more money for all of us and maintain our pleasant quality of life.
Thanks for your time,
Gareth
Gareth Evans
Executive Director e Bellamy Mansion Museum of History and Design Arts
503 Market St., Wilmington, NC 28401
Pwne�
To: cokcefc(&nhcgoY.com
From: gLareth@ pr esnc.—org
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6
Board of Commissioners - June 2, 2014
ITEM: 13- 8 - 11
MW
O'Keefe, Chris
From: Matthew Harris <redfishfighter@gmaii.com>
Sent: Friday, May 16, 2014 1:27 PM
To: O'Keefe, Chris
Subject: Special Use Permit
Please do not make changes that will weaken the intention of the Special Use Permit. Our county doesn't need
businesses that will pollute and damage our environment. Our area is attractive enough that it can bring in
companies and jobs that are more environmentally friendly.
'Total Control !�funel
To: cokeefeL
�nhcgov.com
From: redfish 5 ehter(@,Lrmail.com
Message Score: I
My Spam Blockiny Level: Custom
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8
Board of Commissioners - June 2, 2014
ITEM: 13- 8 - 12
LHigh (60): R�as-s
Medium (75):111111
Low (90); Pass
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Board of Commiss7
ioners - June 2, 2014
ITEM: 13- 8 - 13
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 2, 2014
REGULAR
DEPARTMENT: PRESENTER(S): Commissioner Tom Wolfe
CONTACT(S): Commissioner Tom Wolfe and County Manager Chris Coudriet
SUBJECT
Urban Services Boundary: Establishing an Exception Policy
BRIEF SUMMARY:
The New Hanover County Land Use Plan, which guides development in the unincorporated county, has an
Urban Services Boundary that is intended to define the limits for new water and sewer extension. This
policy was part of the land use plan approved in 2006, which was adopted by the Board of Commissioners
and approved by the Coastal Resources Commission (CRC). Additionally, at the creation of the Cape Fear
Public Utility Authority, the interlocal agreement defined an expectation the authority will comply with the
Urban Services Boundary.
As it stands, there is no process for granting an exception to the Urban Services Boundary. Should an
exception process be determined appropriate, the land use plan must be revised to offer an exception to the
Urban Services Boundary. As with any revision to the adopted land use plan, an exception policy must go
through the Planning Board and a public hearing, on to the Board of Commissioners for a public hearing, and
then if it's approved by the Board to either the CRC or to the executive secretary of the Department of
Environment and Natural Resources for approval. CRC or secretarial approval is determined by the scope of
the change, i.e., minor or major. A minor change can be heard and determined by the secretary. A major
change can only be heard and determined by the CRC.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Build and maintain infrastructure
• Implement plans for land use, economic development, infrastructure and environmental programs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Initiate the process for creating a policy provision that grants an exception to the Urban Services Boundary to
allow extension of public water and sewer into areas outside of the defined boundary.
ATTACHMENTS:
Project Location
Project Detail
Urban Services Boundary Language
Excerpt from CFPUA Interlocal Agreement
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners - June 2, 2014
ITEM: 14
Hear the presentation and take action that is consistent with the Board's policies and vision for future
development, but also recognize the planning process currently underway, which is creating the county's first
comprehensive development plan and is being guided by a 12- person committee, including 6 members
appointed by the Board of Commissioners.
COMMISSIONERS' ACTIONS:
The item was withdrawn by Commissioner Wolfe.
Board of Commissioners - June 2, 2014
ITEM: 14
Board of Commissioners - June 2, 2014
ITEM: 14- 1 - 1
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CRC Certificdtion DRAFr Page 146 version 5/8/o6 3:09 PM
Board of Commissioners - June 2, 2014
ITEM: 14- 3 - 1
IVeiv Hanover County Contract A16.
(C) BuslRess. The Authority shall operate, maintain and manage the System in a
prudent, economical and efficient manner and in a good and businesslike manner, making all
necessary and proper repairs, replacements and renewals consistent with good business and
operating practices for comparable facilities in accordance with applicable standards of
regulatory bodies.
(D) Non -profit Corporations, The Authority shall operate the Non- profit
Corporations and their water distribution system so as to be consistent with the terms of certain
United States Internal Revenue Service Private Letter Rulings dated February 13, 1998 and
August 31, 1998 and in accordance with the Water System Management Agreement between. the
City and the Non -profit Corporations dated July 8, 1999, as amended from time to tune.
(E) Standards. The Authority shall operate, maintain, manage, extend and improve
the System and shall provide water and sewer utility service in accordance with the following
standards:
(1) Extensions. The Authority shall develop utility extension policies and
determine the share of costs of extensions to be paid by owners of
property served by any new water and sewer extensions. The Authority
shall not extend service to parts of the City of Wilmington or New
Hanover County that are not designated for service under the adopted land
use plans of the City and the County, respectively. The Authority shall
provide the County and the City a quarterly report of extensions approved
by the Authority during the prior calendar quarter.
(2) Capacity Management. The Authority in cooperation with the Localities
shall develop a capacity planning, allocation and management process for
proposed and permitted allocations of the capacities of the Authority's
potable water supply, treatment and distribution lines and sewer treatment
and collection system.. The process shall consider existing and anticipated
development patterns in the Authority's service area based on adopted
City and County land use ordinances and adopted land use plans and
policies including the Wilmington -New Hanover County CAMA Land
Use Plan Update, Comprehensive Plan, 1997 -2010; the Wilmington
Future (Land Use Plan 2004 -2025; and the Wilmington Vision 2020 PIan
for downtown Wihmington, as such ordinances and plans may be amended
from time to time. The process, at a minimum, shall include the ability to
(a) readily assess remaining capacity within all system components, (b)
track committed capacity, (c) track conversion of permitted capacity to
actual system connections and activations, and (d) authorize and rescind
service allocations as part of the process. The Parties agree to cooperate
and assist each other in the review of long -range planning and of specific
development proposals and modifications to land use ordinances and land
Page 19 of' &
Board of Commissioners - June 2, 2014
ITEM: 14- 4 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 2, 2014
REGULAR
DEPARTMENT: County Manager PRESENTER(S): Tim Burgess, Assistant County Manager
CONTACT(S): Tim Burgess
SUBJECT
Consideration of a Resolution to Accept the Garner Economics Target Analysis Report
BRIEF SUMMARY:
Jay Garner of Garner Economics LLC presented an economic development target analysis report to the New
Hanover County Board of Commissioners and members of the Wilmington City Council on April 2, 2014.
The report, Pathways to Prosperity: New Hanover County's Plan for Jobs and Investment, and the
Competitive Reality Report are available online at www.nhegov.com, along with the presentation. The
Wilmington City Council is scheduled to accept the Garner Economics Target Analysis Report at their
meeting on June 3, 2014. Once this report is accepted by both governing bodies, the implementation phase
will begin which will largely be guided by the private sector. By accepting the plan, the County is not
adopting any specific set of policies or strategies.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
ATTACHMENTS:
Resolution to Accept the Garner Report
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
The resolution was adopted 4 -0 with a change to the resolution proposed by Vice -Chair Dawson.
Board of Commissioners - June 2, 2014
ITEM: 15
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION TO ACCEPT
THE GARNER ECONOMICS TARGET ANALYSIS REPORT
WHEREAS, the New Hanover County Board of Commissioners adopted the New Hanover
County Strategic Plan 2011 -2016 on June 20, 2011; and
WHEREAS, one of the five strategic objectives of the plan is Intelligent Growth and Economic
Development; and
WHEREAS, New Hanover County and City of Wilmington officials were speakers at a Power
Breakfast on March 8, 2013 and led a community discussion regarding plans to work together on
important issues including a regional economic development strategy; and
WHEREAS, Jay Garner of Garner Economics, LLC was the keynote speaker at the Wilmington
Chamber's Annual Meeting on April 19, 2013 and discussed characteristics of successful
communities that work to advance their economic vitality; and
WHEREAS, in alignment with the New Hanover County Strategic Plan and to further the New
Hanover County /City of Wilmington partnership, New Hanover County's FY13 -14 adopted
budget included funding to further develop an economic strategy and partnerships with the
private sector; and conduct an extensive target analysis that identifies the best opportunities for
stimulating commerce locally; and
WHEREAS, Garner Economics was commissioned to conduct the target analysis, which was
presented to the Board of Commissioners and members of the Wilmington City Council on April
2, 2014; and
WHEREAS, it is the desire of officials of New Hanover County and the City of Wilmington to
work together to enhance the community's ability to attract desirable economic development
proj ects.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners accepts the Garner Economics Target Analysis.
ADOPTED this the 2nd day of June, 2014
NEW HANOVER COUNTY
Woody White, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners - June 2, 2014
ITEM: 15- 1 - 1