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Agenda 2009 01-05
AGENDA ~,~ W' ~° ~, • ~.. ~ ~~ Py' ~ a~ • i s~~y ~~~ r,~~ r ~'~ •" ~~~~~, iqi ~,~,; JANUARY 5, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC TED DAMS, JR. CHAIRMAN • JASON R. THOMPSON, VICE-CHAIRMAN ROBERT G. GREEK, COMMISSIONER • WILLIAM A CASTER, COMMISSIONER • JONATHAN BARFIELD, JR., COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD 6:00 P.M. MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) INVOCATION (Mike Ashcraft, Pastor, Port City Community Church) PLEDGE OF ALLEGIANCE (Vice-Chairman Jason R. Thompson) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of State Road Resolution 3. Approval to Accept Equipment and Training as Awarded from the CEDAP Grant by New Hanover County Fire Services 4. Adoption of Ordinances for Budget Amendments ESTIMATED RE LAR A E DA ITEM F B I E TIMES GU G N S 0 USN SS 6:10 p.m. 5. Consideration of a Resolution in Support of Air Force One Museum and White House Photo Gallery 6:10 p.m. 6. Presentation of the New Hanover County Comprehensive Annual Financial Report for FYE 06/30/2008 by McGladrey ~ Pullen, LLP Auditing Firm 6:20 p.m. 7. Public Hearing Special Use Permit (5-585,12/08) - Request by Cheryl Aguilar for a Special Use Permit to Allow a Child Daycare Center for up to 8 Children in an R-15 Zoning District at 305 Godfrey Court 6:40 p.m. 8. Public Hearing Rezoning (Z-892,12/08) - Request by Withers ~ Ravenel for Bellwood Avenue, LLC and Others to Rezone Approximately 85 acres (11 parcels) at Bellwood Avenue and I-140 from R-20 Residential to B-2 Highway Business District in the Aquifer Resource Protection Land Classification 7:00 p.m. 9. Public Hearing Special Use Permit (5-586,1/09) - Request by James Bordeaux to Place a Single Wide Mobile Home on a 1.18 Acre Lot off Lynn Avenue in an RA- Rural Agricultural District in the Community Land Classification 7:20 p.m. 10. Public Hearing Street Naming (SN-107,12/08) - Request by Emergency 911 and County Fire Services to Name an Unimproved Road "Little Pony Trail" and Assign New Street Mailing Addresses Located Near the 7200 Block of Carolina Beach Road, West Side NON-AGENDA ITEMS (limit three minutes Board of Commissioners Meeting 01/05/2009 ADDITIONAL AGENDA ITEMS OF BUSINESS 7:40 p.m. 11. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 7:50 p.m. 12. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners Meeting Ol/OS/2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2009 CONSENT ITEM: 1 DEPARTMENT: Governing Body PRESENTER(S): Chairman Davis CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review meeting held on December 11, 2008 Regular Session meeting held on December 15, 2008 Closed Session meeting held on December 15, 2008 Special Session meeting held on December 19, 2008 Board of Equalization and Review meeting held on December 19, 2008 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting Ol/OS/2009 1-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2009 CONSENT ITEM: 2 DEPARTMENT: Governing Body PRESENTER(S): Sheila L.Schult, Clerk to the Board CONTACT(S): Sheila L.Schult, Clerk to the Board SUBJECT: Adoption of State Road Resolution BRIEF SUMMARY: NCDOT is considering the addition of this road and requesting the Board to adopt a resolution in support of adding the road: Gruffy Court in The Cottages at SunCoast Subdivision in New Hanover County (Division File No. 1133-N) to the state system. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR-2 resolution. ATTACHMENTS: NCDOT Request Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting Ol/OS/2009 2-0 tf~q ~~~M~ ~~ ~,~,~~~, STATE OF 1`~ORTH CAROLINA DEPARTMENT OF TRANSPORTATION MICHAEL F. EASLEY DIVISION OF I-IIGNWAYS LYNDO TIPPETT GOVERNOR SECRETARY December I0, 200 Ms. Sheila Schult, Clerk to the Board I~ew Hanover County Board of Commissioners Z30 Government Center Drive, Suite 175 Wilmington, NC 2$403 ~ ~ ~~ (} L, U ~~~ ~ b ~~,~.~., ~- L ~. ~a ~~ r,~~~-f~~fl,~~~c~~~E~s Subject: Proposed Addition to the State System of Highways Dear Ms. Schult: This office is considering the addition of Gruffy Court in The Cottages at SunCoast Subdivision to the state system Div. File No:1133-N}. Aber the Board's consideration, if they concur with our recommendation, please furnish this office with the current county resolution and official road name for our further handling. If`I may be at`further assistance, please advise. Sincerely, . David B. Leonard Assistant District Engineer DBL:jdd 300 Divisien Drive, Wilmington, N.C. 28401 Tel: {910} 251-2b5S Fax: {910j 251-2759 Board of Commissioners Meeting Ol/OS/2009 2-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2009 CONSENT ITEM: 3 DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall CONTACT(S): Donnie Hall SUBJECT: Approval to Accept Equipment and Training as Awarded from the CEDAP Grant by New Hanover County Fire Services BRIEF SUMMARY: On behalf of the US Department of Homeland Security, FEMA, and the National Preparedness Directorate New Hanover County Fire Services has been awarded a First Responder Kit including a radiation search and identification instrument, a survey meter, and an alpha probe to assist in radiological incident responses. Included in this award is a mandatory training session including travel (flights), lodging for two nights, meals, and an allowance of $90.00 for one individual per agency to attend. The training is scheduled for February 9, 2009 to be held in Washington, D.C. Upon completion of this training, the First Responder Kit will be shipped via Federal Express to New Hanover County Fire Services with a delivery date of February 12, 2009. RECOMMENDED MOTION AND REQUESTED ACTIONS: Accept the equipment and training award from the CEDAP grant and adopt the ordinance for budget amendment 09-119. ATTACHMENTS: B/A 09-119 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting Ol/OS/2009 3-0 AGENDA: January 5, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-119 BE IT ORDAINED by the Board of County Carolina, that the following Budget Amendment 09-119 fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Fire Services District Department: Fire Services /Operations Commissioners of New Hanover County, North be made to the annual budget ordinance for the Ex enditure: Decrease Increase Fire Services 0 erations: Travel & Trainin $771 E ui ment 15,022 Total $15,793 Revenue: Decrease Increase Fire Services Administration: 0 eratin Grants & Contributions -CEDAP $15,793 Total $15,793 Section 2: Explanation To budget Commercial Equipment Direct Assistance Program (CEDAP) grant received from the Department of Homeland Security (DHS) FEMA. The grant application was approved by the County Board of Commissioners at the July 21, 2008, meeting. The radiation detection equipment will be purchased on behalf of, and shipped directly to, NHC following the attendance and completion of training in Washington, D.C. by one individual from the NHC Fire Department. 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 09-119, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of (SEAL) ATTEST: 2009. Ted Davis, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting Ol/OS/2009 3-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2009 CONSENT ITEM: 4 DEPARTMENT: Budget PRESENTER(S): Cam Griffin CONTACT(S): Cam Griffin SUBJECT: Adoption of Ordinances for Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2009. 09 - 104 -Social Services 09 - 107 -Aging 09 - 109 -Museum 09 - 112 -Library 09 - 118 -Health RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinances for the budget amendments listed in the summary above. ATTACHMENTS: B/A 09-104 B/A 09-107 B/A 09-109 B/A 09-112 B/A 09-118 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting Ol/OS/2009 4-0 AGENDA: January 5, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-104 BE IT ORDAINED by the Board of County Carolina, that the following Budget Amendment 09-104 fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: DSS /Work First Demo Grant Commissioners of New Hanover County, North be made to the annual budget ordinance for the Ex enditure: Decrease Increase Work First Demo Grant -TANF: Contract Services $23,200 TANF WF Grant Child Da care 10,000 Client Trans ortation 3,695 Work First Transition Checks $13,695 Total $36,895 $13,695 Revenue: Decrease Increase Work First Demo Grant -TANF: 0 eratin Grants & Contributions -Smart Start $23,200 Total $23,200 Section 2: Explanation To reduce the TANF Work First Demo Grant revenues and expenditures to reflect a $23,200 reduction in grant funds allocated for FY08-09, and to transfer funds between line items. The decrease will have a minor impact on services as funds will be redistributed to minimize the impact on the clients. The increase in the Work First Transition Checks is an expansion of the pay-for-performance program. 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 09-104, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) ATTEST: Ted Davis, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting Ol/OS/2009 4-1-1 AGENDA: January 5, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-107 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-107 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Aging /RSVP Ex enditure: Decrease Increase RSVP: Contract Services- Meals $1,000 Posta e Ex ense 300 Su lies 900 Volunteer Milea e Ex ense 300 Volunteer Reco ninon 1,000 Trainin and Travel 700 Total $4,200 Revenue: Decrease Increase RSVP: SHIIP Grant -State De artment Of Insurance $4,200 Total $4,200 Section 2: Explanation To budget grant funding received from the North Carolina Department of Insurance, Senior Health Insurance Information Program (SHIIP) Division, for the Retired and Senior Volunteer Program (RSVP). The New Hanover County Board of Commissioners approved the request to submit the grant application at the September 22, 2008 meeting. 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 09-107, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) ATTEST: Ted Davis, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting Ol/OS/2009 4-2-1 AGENDA: January 5, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-109 BE IT ORDAINED by the Board of County Carolina, that the following Budget Amendment 09-109 fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Museum/Grassroots Grant Commissioners of New Hanover County, North be made to the annual budget ordinance for the Ex enditure: Decrease Increase Grassroots Grant: Tem ora Salaries $960 Social Securit 75 Contracted Services 5,561 Total $6,596 Revenue: Decrease Increase Grassroots Grant: Grassroots Grant $6,596 Total $6,596 Section 2: Explanation To budget additional monies received from the Grassroots Arts Grant. Funds will be used to extend the hours of the temporary Administrative Assistant to assist in administering the Grassroots Grant and increase sub-grants to arts non-profits: money that passes through in contracted services for sub-grants. 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 09-109, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) ATTEST: Ted Davis, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting Ol/OS/2009 4-3-1 AGENDA: January 5, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-112 BE IT ORDAINED by the Board of County Carolina, that the following Budget Amendment 09-112 fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Library/Partnership for Children Commissioners of New Hanover County, North be made to the annual budget ordinance for the Ex enditure: Decrease Increase Partnershi for Children: Salaries and Wa es $9,375 Total $9,375 Revenue: Decrease Increase Partnershi for Children: Partnershi for Children $9,375 Total $9,375 Section 2: Explanation To budget additional funds received for the Smart Start for Growing Readers program. The increase of $9,375 will allow the Growing Readers program to increase the part-time hours for the Literacy Consultants. Based on the original allocation, their hours had to be cut and this will allow them to work 22 to 25 hours per week instead of 19.5 hours per week. 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 09-112, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) ATTEST: Ted Davis, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting Ol/OS/2009 4-4-1 AGENDA: January 5, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-118 BE IT ORDAINED by the Board of County Carolina, that the following Budget Amendment 09-118 fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Vector Control Commissioners of New Hanover County, North be made to the annual budget ordinance for the Ex enditure: Decrease Increase Health/Vector Control: Salaries and Wa es $6,000 Su lies 9,000 Total $15,000 Revenue: Decrease Increase Health/Vector Control: NC Dept. of Environment and Natural Resources Grant $15,000 Total $15,000 Section 2: Explanation The New Hanover County Health Department has received notification from the NC Department of Environment and Natural Resources of a grant award in the amount of $15,000 for tick control. These funds will be used for surveillance, chemical treatments, and educational materials related to this project, which will be implemented by Vector Control. Application for this grant was approved by the County Commissioners on May 19, 2008. 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 09-118, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) ATTEST: Ted Davis, Jr., Chairman Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting Ol/OS/2009 4-5-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2009 REGULAR ITEM: 5 DEPARTMENT: Governing Body PRESENTER(S): Vice-Chairman Thompson CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Consideration of a Resolution in Support of Air Force One Museum and White House Photo Gallery BRIEF SUMMARY: The Wilmington Urban Area Metropolitan Planning Organization Transportation Advisory Committee adopted a resolution during its regular meeting on December 17, 2008 supporting aprivately-constructed Air Force One Museum and White House Photo Gallery on North Carolina Department of Transportation property near the intersection of North Kerr Avenue and Martin Luther King, Jr. Parkway in Wilmington, North Carolina. The Committee is now asking municipalities and the Board of Commissioners to adopt a similar resolution. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. ATTACHMENTS: Resolution Air Force One Museum COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting Ol/OS/2009 5-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION SUPPORTING APRIVATELY-CONSTRUCTED AIR FORCE ONE MUSEUM AND WHITE HOUSE PHOTO GALLERY ON NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PROPERTY NEAR THE INTERSECTION OF NORTH KERR AVENUE AND MARTIN LUTHER KING, JR. PARKWAY IN WILMINGTON, NORTH CAROLINA WHEREAS, the Wilmington Urban Area Metropolitan Planning Organization Transportation Advisory Committee adopted a resolution during its December 17, 2008 meeting in support of aprivately-constructed Air Force One Museum and White House Photo gallery and is now requesting that the New Hanover County Board of Commissioners adopt a similar resolution; and WHEREAS, the North Carolina Aeronautics Council commissioned an economic impact and feasibility study to locate a proposed Air Force One museum and White House photo gallery; and WHERAS, the economic impact and feasibility study indicates that the Air Force One museum and White House photo gallery would create new jobs and have a positive economic impact to the Wilmington region and state of North Carolina; and WHEREAS, the museum board of directors has evaluated property adjacent to Wilmington International Airport near the intersection of North Kerr Avenue and Martin Luther King, Jr. Parkway; and WHEREAS, this property is currently owned by the North Carolina Department of Transportation and has been deemed by the museum board of directors as an appropriate location for the Air Force One museum and White House photo gallery; and WHEREAS, representatives from the Air Force One museum and White House photo gallery presented information to the Transportation Advisory Committee on December 1, 2008, regarding the proposed Air Force One museum and White House photo gallery in Wilmington, North Carolina; and WHEREAS, the museum board of directors has indicated that the museum and photo gallery would be constructed through private financing and not require any public money; and WHEREAS, having the museum in North Carolina is appropriate for the historical preservation of aviation- relatedmaterials; and WHEREAS, the establishment of a museum in Wilmington, North Carolina will further the prominence of aviation in the state and add to the education and information of the next generation of aviators. NOW THEREFORE, be it resolved that the New Hanover County Board of Commissioners hereby supports a privately-constructed Air Force One museum and White House photo gallery on North Carolina Department of Transportation property near the intersection of North Kerr Avenue and Martin Luther King, Jr. Parkway in Wilmington, North Carolina and if the property is not developed within 5 years, the Transportation Advisory Committee will re-consider the proposal. ADOPTED this the 5th day of January, 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting Ol/OS/2009 5-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2009 REGULAR ITEM: 6 DEPARTMENT: Finance PRESENTER(S): McGladrey & Pullen, LLP Auditing Firm CONTACT(S): Avril M. Pinder SUBJECT: Presentation of the New Hanover County Comprehensive Annual Financial Report for FYE 06/30/2008 by McGladrey & Pullen, LLP Auditing Firm BRIEF SUMMARY: Presentation to the County Commissioners of the audit for fiscal year ended 06/30/2008. This presentation of the New Hanover County Comprehensive Annual Financial Report for Fiscal Year Ended 06/30/2008 will be made by our external auditing firm of McGladrey & Pullen, LLP. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request Commissioners listen to the presentation and approve the New Hanover County Comprehensive Annual Financial Report for FYE 06/30/2008. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. Recommend approval. COMMISSIONERS' ACTIONS: Heard presentation. Approved the report as presented 5-0. Board of Commissioners Meeting Ol/OS/2009 6-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2009 REGULAR ITEM: 7 DEPARTMENT: Planning PRESENTER(S): Jane Daughtridge and Chris O'Keefe CONTACT(S): Chris O'Keefe SUBJECT: Public Hearing Special Use Permit (5-585, 12/08) -Request by Cheryl Aguilar for a Special Use Permit to Allow a Child Daycare Center for up to 8 Children in an R-15 Zoning District at 305 Godfrey Court BRIEF SUMMARY: The applicant wishes to increase the number of children at her in-home daycare from 5 to 8. The additional 3 children will be after-school care. Caring for more than 5 children requires a special use permit based on certain standards. The Zoning Board of Adjustment granted Ms. Aguilar a variance from the parking and circulation requirements of the ordinance. At its December 4, 2008 meeting, the Planning Board voted 4-0 to recommend approval of the special use permit with one added condition suggested by staff: 1. "After-school" students will be picked up at school primarily by the daycare provider. Also at the meeting, one person spoke in favor of the request. No one spoke in opposition. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may (choose one): 1. Motion to Approve based on positive findings in all categories (with or without conditions); 2. Motion to table the item in order to receive additional information or documentation (Specify); or 3. Motion to Deny based on specific findings in any of the four categories listed on the Staff Summary, 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. ATTACHMENTS: 5-585 Staff Summary 5-585 Petition Summary 5-585 Site Plan 5-585 Adjacent Property Map 5-585 Applicant Materials Board of Commissioners Meeting Ol/OS/2009 7-0 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Approved with the condition recommended by staff 5-0. Board of Commissioners Meeting Ol/OS/2009 7-0 SPECIAL USE PERMIT 5-585(12/08): Child Daycare for up to 8 Children in an R-15 District Request By: Cheryl Aguilar Location: 305 Godfrey Court (Tidalholm SID) PLANNING BOARD ACTION At its December 4, 2008 meeting, the Planning Board voted 4-0 to recommend approval of the special use permit with one added condition suggested by staff: 1. "After-school" students will be picked up at school primarily by the daycare provider. One person spoke in favor of the request. No one spoke in opposition. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public water and sewer serves the property. B. The property is located in a residential cul-de-sac and accesses River Road or Cathay Road via Lipscomb Rd, a residential local street. C. Level of Service on River Road is rated CID in this vicinity, meaning the traffic flows relatively freely. D. Traffic Impact Analysis is not required because peak hour traffic generation for the added students is below the 100 peak hour trip threshold for TIA. E. Fire Service is available from the Myrtle Grove Fire Department. F. The property is not located in a flood hazard area. G. The facility is an existing in-home daycare for 5 children. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-15 Residential. B. A variance was issued by the Board of Adjustment on 10/28/08, relieving the off street parking and circulation requirements of the ordinance for this location. The lot dimensions in this cul-de-sac lot will not accommodate the requirements. C. The play area is enclosed by a fence with a minimum height of four feet. D. The day care will be licensed by the State of North Carolina. E. In accordance with Section 72-20 no outside signs in excess of 2 sq. ft. shall be permitted. F. All other local, state and federal requirements must be met. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Child care facilities exist in other residential districts in New Hanover County. 5-585 Board of Commissioners Meeting Ol/OS/2009 7-1-1 B. No evidence has been submitted that this project will decrease property values of residents who live nearby. Surrounding property is zoned R-15 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Land Use Plan Update identifies this area as Transition, which provides for future intensive urban development where necessary services are provided. B. Policies in the 2006 Land Use Plan do not specifically address daycare needs, but Policy 4.1 encourages designation of sufficient land area and suitable locations for the various land use types. Growth in our area has increased demand for child care services. Staff Comments At the October 28th Board of Adjustment meeting, the applicant testified that the additional 3 children will be school-age children and that she would be picking up those children at school and taking them back to the daycare in her home, thus reducing the number of traffic trips expected in the neighborhood. Based on that testimony, Staff recommended the condition sent forward by the Planning Board. ACTION NEEDED: (Choose one) 1. Motion to Approve (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny 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. 5-585 Board of Commissioners Meeting Ol/OS/2009 7-1-2 Case: S-585 (12/08) Petition Summary Data Owner/Petitioner: Cheryl Aguilar Existing Land Use: Residential/in home daycare Zo~ History Area 4 -April 7,1971 Land Classification: Transition Water Type: Public ~r Sewer T~ Public Recreation Area: Veterans Park Access & Traffic Volume: Godfrey to Lipscomb to River Breeze (all local) to River Road (urban collector) No counts or Level of Service are available within the subdivision. Average daily traffic is 8,715 (10/06) on River Road near Sanders Road, compared to 5,379 (4/03) or and increase of about 62%. River Road LOS = C Fire District: Myrtle Grove VFD Watershed & Water Quality Classification: Lord's Creek; C; Sw Aquifer Rechar e Area: Shallow water table sand aquifer and underlying artesian aquifer containing fresh water over salty water Conservation/Historic/Archaeological Resources: None Soils: Le-Leon soil Septic Suitability Class III severe limitations Schools: Bellamy Elementary Board of Commissioners Meeting Ol/OS/2009 7-2-1 ~- N ~ ~~ ~ ~ I ' ~ ~ G p R 6 1 `- t ~q Iw~~ ~~ ~ ~ r { ~ ~ •+ ~ 3 ry Y~ ~ ~r ~ ~ ~ ~ + ~ ~ ~ ~~//ff ~Grr ~~~~+~i~3 6~~ 1' ~}~~~ f~ /~~r ~ ~ ~il~ ~~~ 1~ ~~ ir~~~~ ill ~ 1'~~~~ f~~ ~ ~ ~g ~+ )~} ~'~~ ... ~~ ~ E ~ 1~1~~#~s~ ~i~~~ff R~r~i ~'j1'i4~IV~r f ~1. ~. fig{{ ~4fi~ ~ ~ ~ i ~ ~ ~ ~ [~ ~~}} ~~`` ~~~~ ~~ ~j ~~ ~/ ~~~~~OR~i } I i ~ ~~ ~ ~ t 7 ~ r d V~ ~~~ i ~~ ~ .. , .~ .. ~w ,...,, .~.r - ~~ ~~ ~~~~~~r $ $7i~~ ~ ~ ~I~ ~~ ~~ ~}yy ~~~ ~` ~~ ~~ a ~ ~~ #' „~ r ~ ~ ~f~~~ ~ ~~ ~~ .. .~~ ~ f ~ ~' ~ ~ ~. ~. .. - - ~~ &I,~ ~,, ., ~:, Board of Commissioners Meeting Ol/OS/2009 7-3-1 21a_210-1~1b8 210-S3-ldbN 031bWN,bS 0li-N013ldb'1S 0~ ltf ~~ ~3. ~ IIbH O Nd=1Sl-l3~Nb ~ 1 LLI } ~ ~ ~ ~~ J W SOPHIA CT ~~ z Q I Q -2ilON3l \r u ~d ti~ ~. w ~~°~ ~ J ~~ ~ ~~ Q ~ Ci ~ ~~/ ~ W ~~ ~ W / F~` ~~~~ ~ m \'~ ~h W ~, ~ ICK R~~ \\ ~, 0 - F Y, '~~' - - ~(~', ~'W !I ~ - -- '~~ U ` 0 `0` V' ~J~ it ~ ~II' P ~~ - - - - ~ ~ ~. '~, - 11'~, -- i' _- ~ i j~I~ f - .,...ill T I ~~ - -- --- -- ~~ - ~-- ~ _ ~h'~ - ~ - --- J - J -- - ~_.__----- _~_ ~~ _ -- --- - - --- 1 ~~ -- - - -- - - --- - --- J - - a~ L c ~ L 3 ~ ~U~ w~~ ~~~ ~ Eon, ~ ~~ ~ N a~z r yMU ~~cc ~ O V N .m ~ ~Q. (~ NJQ .~ ~ ~' ~ ~ ~~ o C (A N ~ J 0 _ o ~~ z ~s = m U _ r N ~'! ~ ~f1 t0 d J m Q z ~ w ~ ?-aw .~ d~~~ ,~~ ~a0=~ _~ ~ U-N= ~ ~aa }~oa~o 0 ~ ~ ~ H ~ ~~~~~~~ i Q Z ~ ~ W ~ C~~Qa~a00 a Q m o Y ~~ Board of Conunissioncrti Mcctin<~ 0l 0~'20(1~ 7-4-1 I ~~ Q, j ~ _ I ~~I ii ~--~IQ~-{ o i I ~~ i °o I I~ i i ~z i I Iml ~ I ~ I I~ 2 I I -- ~ ~ d ~ ~' ~ ~~ ~~i ~ ~~' ~I 1 ~ I i I i I '' -- 1 i ~ I I ~r~ ~' ~ i i - -- --- - - -~ _-~ ~ - _1- APPLICANT MATERIALS } 4.! 1 Board of Commissioners Meeting Ol/OS/2009 7~-5-1 úÍÛÊØ ÍÖ ùÍÏÏÓÉÉÓÍÎ×ÊÉ ï××ÈÓÎÕ ????????????????? ??????????????? General Requirement #~ The board must find "that the use ~~i~~ not substantially xr~~ure the value of a~~oYn~~ng ar abutting P~ol~e or ghat tie u~~e is a public necessYty," ,:,._ ,. ti~ ;~~ ~~~ ~~f~ Wyk' ir~ ~ rv1 r ~ ~~ k ° f,f- ~i'~~~ •f `~+ ~~~~ `~~ /~ 'J~~`~~~fi~ ~~'-~ ,~~ --•~' ~ ~ , II I r,~ ~ ~ ~J f ~` ' f~i ~ it f N, / I r . /!J t ~ ~:- a~ !/-~ ~ ~~' `r ~ ~ }~ y~ r it ~ ~ ""'~" n ~ ~. 1 a ~ ~- ~~ ~ ~~~~~ ~.. ~ ~ :~~~.~~. ~~~~ ~~~f .~ general equiren~ent #4 The hoard mast end "that the location d character ofthe use if de~clvped a~c0rding to the plan as su~b~nitt and approved mill be hanr~or~y nth the area in ~uhich. it is to be lr~cated and in general conformity v~ith the plan of de~relopment far dew l~anover oun,ty.i~ 5 ,. r ,., ~, , r ~ r ~, of f ~~~~ ~ Y~.. ~~ 1+~J'9/ R.Qti~... ~ J+ f } ~ r~ ./~$ /~ ~+ ~g 111 ~` 1 J ' ~;rf,,•!/'~ ~'~ f ~~.g~ ~ ~ ,~~.~; r•{~ x ' "F ~,.~ 1 ~7 Fr w ~ if~ .~; The honing ~rdlnnce in some instances also imposes additional specific requirements on the use requested b~ the applicant. The applicant should be prepared to demonstrate ihat the proposed use would comply with each specit*ic requirement found in section 7~, additional restrictions imposed on certain special uses has applicable}. He1She should also demonstrate that the land would be used in a manner consistent with the plans and policies of N'ew Ranover bounty. The hoard of o~nmissioners may impose addi~onal conditions and restrictions that they deem appropriate prior to the issuing of the special ~Jse Per,xt. certif~r that this application is complete and that all of the lnt'ormatiron presented in this application is accurate to the best of my ~or~ledge, Yn.formation, and belief. k ~F~~ nature of Pet~t~oner a~~ Pro ert owner ~'. ~ p ~ Pant Na e Rage 3 of 3 SUP o71~8 Board of Commissioners Meeting Ol/OS/2009 7-5-3 - - ~~ ~01~ .. ~+~LtM ~~ d ;~^ ~ ~~ ~ ~ ~ ~~. ~ ~~ i ~. ~~ ~ ~=~ ~ ~ ~ ~ ~~~ ~ ,.-~ ~ • - ~ ~ E ~~ ~ ~ i ~ '~ ,. ~~ f E • ~ ~~ xr ~~~~ ~,c~r~r~ ~~ r i j ~ X11 d~ * ~~' ~~"~ f ~~.~` ,~~ ~* ~~f~~ ~ ~ ~~~ ..b ~ .. .... , _,~ , .~ ~ - ~ , ~ R +~ r~".f0,~' ~~ ~~f ~ ~~ ~~ ~ ~1 * ~~~ ~ ~ ~~~~• ~~ ~~ , ~ ~~ ~ ~~ ~~ ~~ -~ ~ ~ ~ ~ _ ~ ~ _ ~~ r~r f 4 ~ -' y_ • ' , i yet. ~~' ~ ~ ~~~ ~ ~I~A~ l~l~~~~~ Ti ~R~~ N~~'R ~~T~ t ~ ~ ~~41~~~1~V~ ICS` ~ 1 ~ '~~ ~~"~ o _ w ~ ~~•••,w-.rte-~ i ~ ~~ ~~~ .} ._ ~. i ~~~ ~~ ~~ y ~ ~~ ••• . f- ~1 ~ ~J ~~~f~1~ 1M Irali w ra+ 7-5-4 Board of Commissioners Meeting Ol/OS/2009 7-5-5 COUNTY OF NEW HANOVER, NORTH CAROLINA ORDER GRANTING/DENYING AVARIANCE The Board of Adjustment far the bounty of New Hanover, having held a public hearing an epterr~ber ~„ 2D08, to cans~der application nurr~ber ~BA~S34, submitted by he~yl I~utla .~uilax request far a variance to use the roperty located at a5 Codfre curt in ~ manner not errnissible ~ ~ ~ p under the literal terms of the ordinance, and having heard all the evidence and arguments presented at the hearing, makes the following F~ND~NC~ ~F F.~T a~ad drains the follaing ~NLIQN; 1 ~ ~t is the Board's C~N~L[JI~N that, if the applicant complies with the literal terns of the ordinance, specifically, section 7~-~a: ~ 1 ~~~~ ,she cannot secure a reasonable return frarn, or make reasonable use of his property. This conclusion is based on the following FINDYN~r DF FAST; The lot is too small to make an o~n-propel turn around work, ~. It is the Board's ~N~LUI~N that the hardship of which the applicant complains results from unique circumstances related to the applicant's land, This concluslarl is based on the follaw~ng FINDINGS ~~ FAST; Small lot size and the location on a cul-de-sac prevent an an-property turn around. ~. It is the Board's DNLUSI~N that the hardship is not the result of the applicant's own actions. This conclusion is based on the following F~NDINS ~F FAST: The way the lot is subdivided and shaped. 4~ It is the Board's ~ON~LUI~N that, if granted, the variance will be i~. har~xa.any with the general purpose anal intent of the ordinance and will preserve its spirit. This conclusion is based on all the FINDING OF FAST listed above, as well as the following Nv opposition from neighbors and they da not appose this application. It is the Board's DN~LUSIN that, if granted, the variance will secure the public safety and welfare and will do substantial justice, This conclusion is based on all of the FINDINGS DF FACT listed above, as well as the following: Na adverse affect on public safety and na burden to anyone. Board of Commissioners Meeting Ol/OS/2009 7-5-6 Therefore, ova the basis of all the foregoing, IT ~~ ORDERED that tie app~icat~on for a VARIANCE be GRANTED from tie .~a~~rnum pari~ requirements of New ~Ianu~rer County ~or~ing Ordinance, Section 72-2~ ~ ~ ~~~}far an in-~ionae child daycare fac~~ity. Ordered tits 28th day of October , 2~~8 E~ecuti~e Secretary to the ~aard Chairman NOTE. xf you are disst~f~ed with the decxs~on of the hoard, an appeal may be taken to the Superior Court of New ~anaver County w~th~n 30 days after the date this order is served on you., See Section 123-1 ofthe New I~anover County caning Ord~~aa~ace~ ~114193~ Board of Commissioners Meeting Ol/OS/2009 7-5-7 .•, _ -... ' .~ ~, ~ .~ ~ .~.'I '. I~ F E, i ' J I,~ , ' t ~ . V ~;,y ! . , .- ~,~:,i 'i3 irifi~'L! i ~+~ ~! Y~~`,~e. l'r ,i- ~~i'l. ii ~~~~I i, f.', 5~i ~ y i- .~ ~. ~ 4, ~ .. LAY°;.. ~ ~. y.yy~py I~ ~ ~ II a~ ~~ ., 20 earth 1~~` fit. 'i~ntan, N X8401-43 ~ 2 910,~3~.4~7 91 D, 7~.7b4~ fay caber 1 ~, ~~~~ s ~ ~hel Agular 305 od.frey ct ~lmintan, RE: ~ street turn raun~ ~o~ daycare dear ~VIs. Agular, ~ have evuated the have at 3 ~ 5 rodfre~r ct far the pur~o a of detcr~ninir~. a turr~n circle, ~' tie turn around. or ather tie of o street turn ~raund could be installed at your ~lt~, Yau~ bore .~~ not su~po such turnaround die the narrowness ofthe dot fiantae due t~ its being an ~. cul-de-sac, Attached ~~ ~ dra.ng of the harr~e site with vehicle and a standard turning cycle for comparison and subpart of y canelusion. ~f you have ~.ny questions please call, 'ou~'s~~1Ce, ~yt~ , _ ~'~ .a~ x ~ ~ ,'~ _ - 4~ - °4. } ~ -. d r~ ~. X41 •II' ~. Y ~' 9 .. /~ 'H ~ ~ '~ ..R .. ~ r' t {' a.'. .: ._ . .. t~ .~ J' ti ~,.; ~ ^ -] 'a '. ~.onald i~. ~.`~ PE ~ ,. ~, ~ ~~ l~,~ 5 ' asp. ~~e~ng, PLL ~ .~~- } r x: T ~' ~~~ . to I 1 bb~3 ~ + h ~ y t~~ ~ ~/f(fj 1 '>t ~ , r ! Page ~ of ~ Board of Commissioners Meeting Ol/OS/2009 7-5-8 ~ ,. ~~ ~ i[ u. ,~~_ ,~ ~~ -~ _..~ -- ~-- ~~}a-., . ~~~~:- -=. . ~, ~~-H `ao~BmagEAA ~~'J ~~3P~~J ^h ~ ~~~~ ~ ~~ ~~ ~~: ~~ ~ ti ~~ ~~~. ~~ a ~~ ~~~ ~' ~~ ~~ ~~~ ,~ ~~~~~ ~~~~ ~ ~~ ~, ~ ~ ~ ~ ;,~~ ~~ ~ w ~ ~ ~ ~~ ~~ -, ,~ L ~~._ :: .~,:; ~ „~ ~'~ ::r,~~~ ~~- - Yµ~' ~ ~ , +• r ~ -.~~~ ~~ ~ is J~: ~~ ~~ d~~d . - W~ ~~ ~ 4 rte `~.. ~'. i~ ~ ~ ~ ~ ~'~ ~ ~:. _ ~'~, ., .__ ,... .. 'n .. -_ ~ . ~r . ~ ~ ~ ~~ ' , r.' '9 . pad a r`!~ " - - .~ - u~~, s~', .. ~: . . .. .I; .,, . Board of Commissioners Meeting Ol/OS/2009 7-5-9 3 M- ~l ~~ ~ ~` r •!`~ ~~ 1~7 1~ r 4 ~• ~~ ~ ~~ og,~~$ VISIT SUMMARY p~`~~= ~ Completed: 08/ObI2UQ$ 16:0'1:43 ~a~t~ ~~~~~~~ ~nsu~~ent; Beadet~e faker ~~me of C~perat~au: ~~~C3U L~~ AFL ~'iSrt ]ate. ~~lQdl~D~~ Nu,~~ ~~.QD~ tD ~4.1~~~ Nq~be~ ~rese~t, 4 A,g~S ~t4~: ~ t~ 'ape of ~~sit~ Aaual p~npliance Li~# to tJ~e: Fa~ai~y carne ~~rir~ ~ vi~sr't, add a~dia~I~ req~irerr~et~ts~ar this ce~~erl~a~e were r~ni~ared ~ ~ Yes a ~bservat~aas: ~'he purse of ~ unannounced visit was ~e~i con~pl~ance with ap~llca~te chz~d care requirernen far the annual car~pliance visit. The ~rovlder operate a family chl~d ~ home far S children, D~ ~ ~ yews of age, ~~ and send sly. Currently, na c~~ldr are et~rallcd second shift, ~~ co~p~~an~ce history ~ l ~~°I~ frvn~ ?~IGID'd to ~d51~8. The laxldren ~ playing with a variety of toy end computers. I used the ,~u~y, ~~ item ~~ to verify camp~~ance. ~a via~a~ons were observed. ~~ ~ ~~": None om~eu: ~ viewed and left a pr~.ted copy of rule changes e~fecve ~u~y, ~~5 pertaining to ~~ recertcatlo~a and forms ~~ Y+Lf ~ R ~it~ce you have over I ~ years of experience you now need 8 haur~ of annual in-ser3rice ~ra~ining. tau dud about ~ar~g for 3 sah~al age children i~ addition. ~o the ftve preshaal ch~iidren you are licensed to cave for, You would need to acquire a sp~a.1 use ~~~ to care for ~ addi~anal children ~~~hoal+age~, The special use permit would not allow you to emceed preschool age children. contact New anover County mining at: 7~~71 i ~. ~'ou would ha~re to apply' w~ on~n for the special use Wit, PaY a fee, a trough hear~gs, when the s~-ecia~ use permit is issued you wauid need ~~ fvr~vard a ~y ~ ~n~e, 1~hen ~ would reque a~ your pern~t be reissued. 'men ynu could cam for e 3 school age children. ~~' a ape~a~ar fa~~ to carract any dace~mcated vavla~ans within the astab~~~d ~nre glad, ~e ~iv~an of child evelopmen~ ~y deny, spead~ #ermina#e, ar ava~e y permit to apete ~~a ~ a9 .~aaa~. ~~d ir~,~aratiorr rrr this report Bras b~~~ reviewed ~dt~ a toda}~. ~' dersta~~ t~rat it ds ~es~orrsabidity t~ ai~~ar`rr camp~dxartce wi~~ a~,pdica~~~ `~idd Fare er~irer~e~ts at add tr'n~. ! TU~~ T'I ~~~N ~N HAR A~ TAME ~F Vll~ ONULT~4NT'~ iCNATUR~ ~A~~ Board of Commissioners Meeting Ol/OS/2009 7-5-10 am aware that my neighbor, Cheryl R. Aguilar @ 345 Godfrey Court (28412) is requesting a special use permit with the desire to increase her present in home daycare from 5 preschool children to 8 ch~~dren (3/S bein school- ag~. I have na objections with these plans. T am also aware that t1~e daycare clients will requixe backing onto the public road, Godfrey Ct, to successfully exit the premises. Again, I have no opposition. My signature is in support of the pans of increasing the number from 5 to 8 children. -) /~. 0 k'- Z u- (s J'A'S 3°f G-0d~, G~" ~/aC~/off 303 C-.m1.~ G~ilJB e~ / 6 z -r- b~z~~Ob~ ~ DI Fl ~8~,~~ ~~'~~- Signatures/dates Board of Commissioners Meeting Ol/OS/2009 7-5-ll ~~~ca Il~~l.~`~n a G/{ce)n .Z~ ~-tJVtC~vt~ i r'i?'i^" f ~ (J U I/Z~ma~ ce -{~r yam. 6Yr%~~ar~ce 7d - a~ ~!J w (a~ rV1~C ~e~ cr~.~~ t S -,~,- ~ivD ~a;~,r/~~y sp a c ~1 ~z,~- ryy Clre~ .~/~ce `~ ~~c% w~/( ~-e ~2r,~C j n ytici D~A7ti~l~ C~,a~/aLoP_ . ~Yv ~~k- ~~PVt°i~'~ ct 2a-~%~ c~,~ N-R N2 p-2Pa~ ~Bra~i K..Q a. G~ C2rC-~ CT/tL ~c P cad ~ C c~ ~ ~ ~- ~ ~t c~ yy~r~ obi ~n.~ ~' r`n'~' b°'~ y'{~,c ~~~ ~ °~ ~ ~ e. G~ ld,-~ .7~ry+ c.~-p ~ n~ a weer a~ zed c. ~.~•,2~, t ~,,,~ Gvru~ ~ ~Srih,~'r-~ -ate s~~Z~,~~, ~ 6e ~ cry j z~ sc/z,rc~ ~ cu.P-o~-~' Sam Ca 3o S' Go ~-~ ~f~~ a~GUC~s ~~ Gr - ~Cace a.~.~ ~Z ~CZ~ ~2 CGU'~- W1~ ~ GliPy~~ ~a ~n~ fh ~ `NvS S~~ , .i-I r s a cl',., l d ,--~Fr/i ~~y h~i~ ~,~- /u~ G+~ ~i. ev~l.~e- {ti4.r~u/~y~ ~~~.8-e ~~ -S'~j'7~-~ivr`°.oJ U r h `~~uS ~cC,~ cz~:e . Board of Commissioners Meeting Ol/OS/2009 7-5-12 i !o/z~~o~ ~NFkr' ~ooR N~ic~fpoR ~' w ,(~ n ^,~Q-, -_-. y _'_' n -~~~~_ _~~~~(( ' l/M~ ~ ~ ~a~f _ Hwy .A-v~, ~a a... ~%~,.~° -- _ _ --_ qp~r~-~a..w__v~t _r~,- ..._s~ mt .~<e ~ -GU/r~.M ~~,__~._ _~-_ ..aks __ . _ -ewe .s~ .__..~,~vn . _ ,<.~__tW s. va0 ... ~a _ _._ _ __ ---- - ~~--.br~fi~i_._~~_ ~~-...~.g,Qga_~ta-I ----- _ _ _- ----- e _ _ __ _ _ _ _ _ - _ ,v ~ ~,,.,~,. --- - - _ __ - -_ _ __ __ _- -_ ""110_ J_1K~~~~_-- _ ~D 3 _ Gvd~'r{_ ~ f _ __ -- _ ~~~- 1~D9\_ C__ - Board of Commissioners Meeting Ol/OS/2009 7-5-13 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2009 REGULAR ITEM: 8 DEPARTMENT: Planning PRESENTER(S): Jane Daughtridge and Chris O'Keefe CONTACT(S): Chris O'Keefe SUBJECT: Public Hearing Rezoning (Z-892,12/08) -Request by Withers & Ravenel for Bellwood Avenue, LLC and Others to Rezone Approximately 85 acres (11 parcels) at Bellwood Avenue and I-140 from R-20 Residential to B- 2Highway Business District in the Aquifer Resource Protection Land Classification BRIEF SUMMARY: At its December 4, 2008 meeting, the Planning Board voted 4-0 to recommend approval of this proposal. One property owner and a commercial Realtor spoke in favor of the request. No one spoke in opposition. The change would allow for a broad array of commercial uses. RECOMMENDED MOTION AND REQUESTED ACTIONS: NCGS 153A-341 requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." Staff Recommends MOTION TO APPROVE based on finding that this request for zoning map amendment from R-20 low density Residential to B-2 Highway Commercial District as described is: 1. Consistent with the purposes and intent of the Aquifer Resource Protection land classification and the associated land use policies adopted in the 2006 land use plan; and 2. Reasonable and in the public interest to allow transition of land use from residential to commercial in proximity to a major arterial intersection and an area slated for industrial expansion and future residential growth. ATTACHMENTS: Z-892 Staff Summary Z-892 Petition Summary Z-892 Adjacent Property Map Z-892 Applicant Materials COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting Ol/OS/2009 8-0 COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting Ol/OS/2009 8-0 CASE: Z-892,12/08 PETITIONER: Withers & Ravenel for Bellwood Avenue, LLC and others REQUEST: From R-20 Low density residential to B-2 Highway Commercial District ACREAGE: Approximately 85 acres LOCATION: North of the intersection of I-140 and Castle Hayne Rd. LAND CLASS: Aquifer Resource Protection PLANNING BOARD ACTION At its December 4, 2008 meeting, the Planning Board voted 4-0 to recommend approval of this proposal. One property owner and a commercial Realtor spoke in favor of the request. No one spoke in opposition. STAFF SUMMARY The subj ect property is located in the northern portion of the county in an area classified as Aquifer Resource Protection on the 2006 LAMA Land Classification map. The property is accessed from Bellwood Avenue, a local road connecting to Castle Hayne Road near the off ramp of I-140. Traffic counts in the area show about 5% decrease in annual average daily traffic between 2003 and 2007. Castle Hayne Road has a 2007 LOS of E, meaning the road is operating at its design capacity. Current zoning of the property is R-20 low density residential. The northern boundary of the request follows a rail right of way belonging to General Electric Company. Beyond the rail right of way is an NC State Agricultural facility. To the east, the proposal abuts an existing I-1 Light Industrial District, currently undeveloped. There are four residential uses in place along Bellwood Avenue. The rest of the acreage is wooded, vacant land or cleared farmland. General Electric is located to the west across Castle Hayne Road and the I-140 creates the southern boundary. The SHOD Special Highway Overlay District applies to this property. The subj ect property is located in Prince George Creek watershed drainage area which is classified C; Sw. The property is not within the 100 year flood zone. Soils are primarily Class II or III with limitations for septic systems. The applicant envisions that public water and sewer will be extended to serve this site. Land Use Plan Considerations: This proposal includes eleven (11) parcels north of I-140 at Castle Hayne Road. All but one of the parties involved have signed letters authorizing the request for this rezoning. Board of Commissioners Meeting Ol/OS/2009 8-1-1 The other property owner (Carty) spoke at the Planning Board meeting, on his own behalf, in favor of the change. Current zoning is R-20 low density residential, which allow for 1.9 units per acre under performance criteria or 4.25 units per acre for high density proj ects with a special use permit. Thus, the land could potentially generate between 160 and 360 residential units. The B-2 commercial district is described as one that provides for the proper grouping and development of roadside business uses which will best accommodate the needs of the motoring public and businesses demanding high volume traffic. The district's principal means of ingress and egress shall be along collector roads, minor arterials, and/or maj or arterials as designated on the County's Thoroughfare Classification Plan. Policy 4.3 of the Land Use Plan directly addresses commercial uses. Implementation strategies for Policy 4.3 encourage the location of regional commercial nodes at maj or intersections and following the recommendations of the Wilmington Bypass Steering Committee. The 2006 Update of the Joint LAMA Plan describes the purpose of the Resource Protection classification as providing for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. The Resource Protection class has been developed in recognition of the fact that New Hanover County, one of the most urbanized counties in the State, still contains numerous areas of environmental or cultural sensitivity which merit protection from urban land uses. In particular, the Aquifer Resource Protection is the area where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. The impacts that the resource is being protected from is diminished recharge of the aquifer and contamination of the aquifer by inappropriate land uses. The focus of strategies to protect this Resource Protection subclass is encouraging larger lot development if septic systems are used to prevent cross contamination of wells, extension of water and sewer service to curtail septic system use, prevention of uses that pose risk of spill of hazardous materials, and encouraging development practices that promote sustained recharge. Public water and sewer facilities are not currently available at this location but will certainly be required for any substantial commercial development in this area. The subject property is just beyond the signalized intersection at the highway interchange; however, a traffic impact analysis (TIA) will be required for any development that generates more than 100 peak hour trips. Under the current zoning, maximum traffic generation at peak hour would be about 275 at a.m. peak and about 365 at p.m. peak. A change to high intensity commercial zoning will obviously generate many times more potential traffic, depending on the ultimate uses included as the land develops. Anticipating the expansion of the General Electric operation and new residential development approved in this vicinity, a wide range of goods and services and higher intensity business uses near a highway interchange could be viewed as a benefit to the Board of Commissioners Meeting Ol/OS/2009 8-1-2 public. In 2003, the Wilmington Bypass steering committee recommended that this area would remain classified as Resource Protection and that the interchange would be a prime site for expanded industrial and manufacturing centers or a business park. The recently completed Castle Hayne Neighborhood Plan focused attention on the traditional Castle Hayne commercial area did not address zoning issues outside the corridor. For these reasons, staff feels the proposal iswell-placed and consistent with a variety of plans and policies for growth in the county. Staff recommends approval. ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning map amendment from R-20 low density Residential to B-2 Highway Commercial District as described is (or is not): 1. Consistent with the purposes and intent of the Aquifer Resource Protection land classification and the associated land use policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to allow transition of land use from residential to commercial in proximity to a major arterial intersection and an area slated for industrial expansion and future residential growth. Board of Commissioners Meeting Ol/OS/2009 8-1-3 Case: Z-892 (12/08) Petition Summary Data Owner/Petitioner: Withers & Ravenel for Bellwood Avenue, LLC and others Existing Land Use: Residential/vacant Zo~ History Area: Castle Hayne-July 1,1985 Land Classification: Aquifer Resource Protection Water Type: Possible public extension Sewer T~ Possible public extension Recreation Area: Castle Hayne Park Access & Traffic Volume: Bellwood Avenue (local road) to Castle Hayne Road (US 117) No ADT for Bellwood Ave. In 2007, Castle Hayne Road at I-140 annual average daily traffic is 12,000vpd. No counts were taken at this intersection in prior years since the I-140 is a new facility. Counts within about one mile of this location appear to have decreased by about 5% since 2003. Castle Hayne Rd. LOS = E Fire District: Small part Castle Hayne FD, mostly Wrightsboro VFD Watershed & Water Quality Classification: Prince George Creek; C; Sw Aquifer Rechar e Area: Secondary recharge are for Castle Hayne and PeeDee where occurring near land surface under water-table conditions Conservation/Historic/Archaeological Resources: None Soils: Ba- Bayboro Loam (III); Mu- Murville fine sand (III); Se-Seagate fine sand (II); St-Stallings fine sand (II); To-Torhunta loamy fine sand(III) Septic Suitability Class II -moderate limitations; Class III severe limitations Schools: Wrightsboro Elementary Other: Special Highway Overlay District Board of Commissioners Meeting Ol/OS/2009 8-2-1 U i r f • 1 1 1 1 1 1 CASTLE•HAYNE-RD- ~~ ~ ~ i ro O ~ ~ I ^ C l~ ~ -PRIVATE l 1 1 l 1 l 1 1 r i i i • • • •~ • 1 0 ~ ~ 1 ~' . •~ •~ N ~ ~ f^~,~ ~ 0 ~ = O ~ ~ ~ N (q N + Q~ ~ ~^1 ~ I ~ ~ ~ , 1 J '.1 ~ ~ N m ~ ~ J ~ OQ J N ~ ~ ~ ~~O~G ~~ ~ O E 3 ~ 3~- o ~ N °a~~+°1 ~ m _ ~~ ~ m~ r 2 }; z ~ 1 N co~~ a ~ 00 ° ~`~a ~ ~ n i oU ~ N ~~~a ~ Board of Coy 0 _ r r r r r r N N P'1 ~ If1 N fD I~ CD 00 d Q J ~ } ~ ~ Z ~g a ~> g g ~~ Z Z ~ J ~ J J J J J J a a~ U1 O O m~>> Q ~~JJJJJJaaZa~(~ X00 N W W W W W W a ~ mmo~~~~a~zz ~wwwwww^_^_~~~~a Q Q Q Q Q Q>>~ a~ J J~J i U ~ ^ ^ ^ ^ ^ ^ p p ~ Q W W ~ ~ ~ O O O O O O~~ ~~ J J Z v 0~33333~~~3~~N=~~ mmmmmmmm~~c~c~~z3~ ~mi sion s Me tin ~ SOS 200 -3-1 I,r~ T` I, r t.4r. Board of Commissioners Meeting Ol/OS/2009 8-4-1 Your inte~,ded use o;~ property upon rezoning is co~npletel~ irrelevant, except :for conditional use district p.ropasals. The forth Carolina general Statutes require that caning regulations shall be made in accordance with a comprehensive plan. ~'he governing board is reciuired to adopt statements that ~~~ change is or is not consistent, reasonable, and in the public's interest. since amendments to coning maps should also he based on a hand Use Plan, you mint explain how your request satisfies each of`the following requirements: ~l~'1l1 ~n below ar attach ad~ltlana~ pages}. 1. How would the requested change be consistent with the bounty's Policies for ro~vth and ~evelop~nent? Policies far growth encourage continued efforts to attract and retain businesses. It i important to economic growth to have adequate areas for diverse business uses. Rezoning this property for business uses would be appropriate far thetract location at ahighway interchange where commercial services development is imrninent. ~. How would tb,e requested gone change be cc,sistent with the property's classif"~cation on the hand classification l'~ap? The AIA Land tJs Plan identifies these tracts as being in the Aquifer ~esaurce Protection land classifiicatian. Policies suggest that more intense uses are allowed in these areas provided important resources are not adversely impacted. The proposed extensions of public sanitary sewer and grater service will curtail soptic system use, and promote sustained recharge of the aquifer. Development gill also be regulated by both State and bounty starmwater requirements and Federal wetland restrictions to assure minimal environrnental impacts. 3. what significant n.eighborhoad changes have occurred to make the original coning inappropriate, or how is the land involved unsuitable far the uses permuted under the existing ~oning~ The cot~pletion of the l-~ ~~ l~wy. created a ajar intersection with castle Hayne Road# N.. Iwy ~ ~ The subject lands are bounded by a service road, ~eilwad Avenue, along the northern right}of~way of the highway, Developrnentfar housing would not be desirable in this location. 4. How will this change o~ ~o~.ing serve the public interest`? The rezoning of the subject tract for can~n~ercial businesses would be an appropriate transition along the highway. There would be little effect to existing properties in the vicinity. The proposed expansion ofithe ~ facility will not only bring the need for commercial services in the proximity for erployees, buff generate the future developmentof more housing in the immediate area, and hence servicesfor new residences. fn signing this petition, I understand that the existing inning neap is presr~n~ed to be correct and that I have the burden of prv~ing why a change is in the public interest. ~ further understand the singling out of one parcel of land far special zoning txeat~nent nnrel~ted tv bounty policies and the surrounding neighborhood world probably be illegal. ~ cerfy that this application is canaplete and that all information presented in this applieatian is accurate to the best of my l~no~~ledge, infarrnation, and belief. ~nat~re of et~t~oner ~ Prope finer ~~ Pe ~ c? Board of Commis oners eetmg Ol/OS/2009 8-4-2 Print Name ~Nt~-~~IQ'~ This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2009 REGULAR ITEM: 9 DEPARTMENT: Planning PRESENTER(S): Jane Daughtridge and Chris O'Keefe CONTACT(S): Chris O'Keefe SUBJECT: Public Hearing Special Use Permit (5-586,1/09) - Request by James Bordeaux to Place a Single Wide Mobile Home on a 1.18 Acre Lot off Lynn Avenue in an RA- Rural Agricultural District in the Community Land Classification BRIEF SUMMARY: The applicant proposes a single wide mobile home in an RA Rural Agricultural Zoning District. The Rural Agricultural district requires that a special use permit be granted for the location of mobile homes within the district. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may (choose one): 1. Motion to Grant the special use permit based on the findings of fact (with or without recommended conditions); 2. Motion to table the item in order to receive additional information or documentation (Specify); or 3. Motion to Deny based on specific negative findings in any of the four categories listed in the Staff Summary, such as lack of consistency with adopted plans or determination that the project will pose public hazards, will not adequately meet requirements of the ordinance, or will be out of character with surrounding area. ATTACHMENTS: 5-586 Staff Summary 5-586 Petition Summary 5-586 Site Plan 5-586 Adjacent Property Map 5-586 Applicant Materials COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Board of Commissioners Meeting Ol/OS/2009 9-0 Approved with the condition that the mobile home have a shingle roof, vinyl siding and be a model 2005 or newer mobile home by a vote of 5-0. Board of Commissioners Meeting Ol/OS/2009 9-0 SPECIAL USE PERMIT 5-586, 1/09 Single Wide Mobile Home Request By: James H. Bordeaux Location: 3909 Lynn Avenue, Castle Hayne Acres: Approximately 1.18 Applicant proposes a single wide mobile home in an RA Rural Agricultural Zoning District. The Rural Agricultural district requires that a special use permit be granted for the location of mobile homes within the district. Preliminary Staff Findings 1. The board must find that the modified use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. A. The subj ect property is on an existing tract with adouble-wide to be replaced with this proposed single-wide home. B. An individual septic tank and well currently serve the site. Environmental Health Department must inspect the systems prior to building permit issuance. C. Access to the property is from Lynn Avenue, a local road that intersects with Castle Hayne Road, a major arterial with a Level of Service E. Average daily traffic decreased on Lynn Avenue between 2004 and 2005. D. Fire Service is available from the Castle Hayne VFD. E. The property is not located within a flood hazard area. 2. The Board must find that the modified use meets all required conditions and specifications of the zoning ordinance. A. The property is zoned RA- Rural Agricultural district. B. A Special Use Permit in the RA-Rural Agricultural Zoning District permits singlewide mobile homes. C. The property can accommodate the setback requirements for a singlewide mobile home, and the site plan shows appropriate setbacks from all property lines. 3. The Board must find that the modified use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The immediate vicinity is generally very low density residential uses and farm fields. B. There are other mobile homes on adjacent parcels. C. No evidence has been submitted at this time that this proj ect will decrease property values of residents or commercial uses nearby. 4. The Board must find that the location and character of the modified use if developed according to the plan as submitted and approved will be in harmony with the area in which 5-586,1/09 1 /6/2009 Board of Commissioners Meeting Ol/OS/2009 9-1-1 it is to be located and in general conformity with the plan of development for New Hanover County. A. The purpose of the Community class is to provide for a village type of development to help meet housing, shopping, employment and public services needs within the more rural areas of the County. B. This property is located within the Commercial Corridor portion of the recently adopted Castle Hayne Neighborhood Plan. That plan envisions an eventual transition of this area to commercial mixed use. Staff recommends that a condition be placed on the permit consistent with Sec. 72-27 for mobile homes in I-1 or I-2 districts, stating that after a 12 month period, the permit may be terminated after 90 days notice and after review and recommendations by the Board of County Commissioners. Such a condition would not require the permit to be terminated but would allow for that if the area were transitioning in accordance with the recently adopted Castle Hayne vision. ACTION NEEDED: (Choose one) 1. Motion to Grant the special use permit based on the findings of fact (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific negative 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, will not adequately meet requirements of the ordinance, or will be out of character with surrounding area. 5-586,1/09 1 /6/2009 2 Board of Commissioners Meeting Ol/OS/2009 9-1-2 Case: S-586 (1/09) Petition Summary Data Owner/Petitioner: James H. Bordeaux Existing Land Use: Residential (RA) Zoning History July 1, 1985 (Castle Hayne) Land Classification: Community Small Area Plan: Castle Hayne (2008) Water Type: Private well Sewer Type: Private septic tank Recreation Area: Castle Hayne Park, Riverfront Park Access & Traffic Volume: Lynn Avenue (local street) 2004 ADT = 994 compared to 2005 ADT =900 or -9.5% to Castle Hayne Road (arterial) 2004 ADT 16,987 compared to 2005 ADT 16,510 or -2.8%. LOS E Fire District: Castle Hayne VFD Watershed & Water Quality Classification: Prince Georges Creek (C, SW) Conservation/Historic/Archaeological Resources: None Soils: Ke- Kenansville fine sand Septic Suitability Class I suitable Schools: Wrightsboro Elementary Board of Commissioners Meeting Ol/OS/2009 9-2-1 9-3- ~~~ ~'~ d~ ~a ~~~~~` ~~ y~. ~i~o~~SSO °SS w w~ °~~ J w _~ J J r I 0 c~ z ~ p~~la•M31~aNb'2iJ- ~ z J O Q ~ 0~•30HSIW O ~ al~~3ani~~w- ~ it W ~a-S•llIH•NIby3HS _z J ~31bnl~d ls-3~Ny~0 r ls-wossoia ~ ~ r _ls•WOSSO•la Q ,~ ~ z !W1~- - N~ _N~ N b-N011 yam/ ~ -aa~3N~lb'H_311Sb~ v~l ~~ R9o ,c z ti N N ~, T ~ M ls=~;~~3anw w Q ~~b~~ .b~~s\ Z J QN Ld. /~Q ~~ (D ~ ~ ~ ~ N M~ ItJ tD h G1 J ~ ~ (~ N W U J ~ ~ W ~ a ~ z ~ z fA a Y Y W ~ ~ tY ~ D ~ cm Q goo ~w3 ~ ~~ J~ 9 aaW r ~~~~ _ ~ ~ L J J ~ O N 2 IO~~m~~~~a ~ w fA ~ M ~O~ = z ~s ' Z~ x W Z Q Q ~ ~ ^ N 0 ~ o sc 00 ~ ~o~ ~ ~ ~ ~?j~ aZo o~ _ ~ ~~ ~= ~ ~~ ~ a ~ ~ a Ou~u~mZ~~1YZ ~ o o Y- (7 N u~ 4 Q'~~Q' N~JQ a 000~0?OQ mmoxx~~a N f d ' N ~~~~r s MF o s Ol/OSI 9-4-1 ~~:(b~~~ c .•T,yt IJ C' ATE I, Board of Commissioners Meeting Ol/OS/2009 9-5-1 Applications far Special lase Penrnlt father den far single family d~rellings on xndi~rldual lots} are fist referred to the e ~ana~er County Planning Board for reca.n~endatian to the County Camrnissianers. ~'he Cam~nissianers make fnal action on the permit application in a quasi judicial public hearing. Complete petitions and all supplementary information must be accepted ~~ the l~lannzng ~epar~nent en~ty ~~0~ r~ar~ng days before the Plnuxng Board meeting to allow adegr~ate tune for processing and .d~ertisernent as required by e forth Carolina General Statutes. Planning Board ~meetins ire held on the fist ~'hurdy of each month at :3~~ zn the Can~issioner's Assembly >oorn at the Gld County Courthouse, at ~'hird and lncess Streets, ilrningtan~ ~darth Carolina. A.ppl~cation for single-family dwellings, Including mobile homes, on indidual lots must be .ccepted by the Planning L~epar~nent tv~enty ~~U}working days before the regularly scheduled amn~issioners meeting. Applicatias for single-family dwellings an individual lots do not require planning board preview. bit 'ou ~~~~ stb~~~ ~~~- ~ ~~c~~~ ~Je ~~~~nat Authority to grant a special use Permit is contained in the honing ordinance, pursuant to section 7 ~ . the honing Grdinanee ia~npoes the ~'aliowing general equirernents an the use requested by the applicant. ender each requirement, tl~e applicant should explain, v~itl~ reference to attached puns, vrhere applicable, hoer the proposed use satisfies these requirements: €Attach additional pages if necessary} general ~equ~rement ~1 'he Board ~nu~t find `that the use will not materially endanger the pulalic health or safely if located whe~~e p~•opoed and de~ela~ped according to the plan a submitted and app~•a~red." T~ ~ s ~. S G W ~ ~~ N o~ e ~ ~. a.~ E. Y `~"~n ~- ~1 ~~"~ o r S G~e."~~ t~ ~'h~~' i~ is c,~.Y r~~,`~'I ss~ 4~ -~o,n,,',S~ oC.e.~ ~ t~~~. ~,~~. w~i~ l~ ~, e. c~~` a, c~ s c ~o a $ rr ~~ ~'i e. ~' ~ ~. ~ w 6 v. l c b e ex Pe. ~e~. `~' O Y S t rn~ ~ 10. ~' Y~ fl ~ ~.$ ~ '~ ~~ ~ p,, ~"C>G , General requirement ~ the Board must find "that the use meets all required cond~trons and specifications" ofthe ~Zon~ng ~rdnxance'~. Th~~s ~o~ tmE.e~S G~~ ~.o~~,N '`C"G~~~~~~~IV~S 0'~ "~e, ~. ts~~'ce.~ ~~.~~ ~7~r SGc~lo~ ~,~ - S~.'~ -~ ~J~r~c~~,•~ ~r~ "~"p 5 2~~b tee' ~S t'a~~ ~ ofd Board of Commissioners Meeting ~p D7l~ Ol/OS/2009 9-5-2 eaerai ~egai~eea~ 3 '~"h ~~ar~ rnu# find `{th~~ ~~~e use ~~~~~ ~~t subst~nt~a~~~ injure the value ~~ ~~~oirring or ~hu~iug pr~~ert~ ~~~ fat the use is ~ ~~u~~ic neces~r," V.S 1 ~ ~ ~ 0 `O ~ 1 ~ ~ O rn-. ~. S 'V n7 `~ t. (~h (~, ~O s N ti ~ ~Q ~C' O (Q rc.~r~~ ~.er,~' ~' • . { h ~ ~ r'e u.~~ SS~~~,~~ ~re,,v ~~.~ ~ ~dv r e v sew C~,~~'e c.'~s d +~ Q G~. oi~v s ti~ P ~- C~~j ~ r'~'~ V G~ ~ i~ ~ General Require~e~ #4 The Board mast find "that the location and c~Zaracter of the use if developed according to the plan as submitted and app~•oved will be in harmony with tlae are/ ~n wllicl~ it is to be located and i~~ general conformity with tl~e play of development fvr New Hanover County." ~ s~.e~-sue. ~~s~-~~,~ ~.~- ~~,~~ ~~ ~~ ~a~ ~~~ ~~~-~. {~ .1 the ~oaiag Ordinance is some in~taa,ce~ also imposes ad~~t~onal ~pec~c requirement on ~~e use a~ea~u~e~ted b~ the ~piieant. 'the applicant hauid ~ prepared to demoas~~ate #~a# the proposed use ~woaid com~iy vvtth each specific requirement found in section 7~, addr#ionai restriction unposed on certaia special u~ has a~pl~cab~e}. ~1he ~hoa~d Viso demonstrate ghat the lend v~ou~d ~e used zn a manner cansteut with the plans and iicies of e~ ]~anover onnty. 'the hoard of ommisivners mad i~npe additional canditians and restric~ons tba~ ~~e~ deem appropriate prior to the issuia o~ the pecia~ ~~ Permit, ~ certify that this application is complete ad ghat iii of the information presented rn #his applrcatioa is accurate to the best of y l~no~viedge, inforrnatlon, anal helle~. gnature of Petitioner and/c~ Property Owner Print Name C~~~ ~ ~~ L . ~ ~,,,~~X gage 3 a~3 SUS ~'~145 Board of Commissioners Meeting Ol/OS/2009 9-5-3 .lf l~f V~ (~l].~` names ,~ln~ a~ ax'Olln~ .~orde~.X ~ ~ ~~ the ~~~~~ ~~a~eL~ ~~ .~~~~ ~~ Avei ~.~~e ~a~ne~ '~ prop~r~Y i~ ~one~ .ara~ Aric~~e and eras prev~~~s~~ ~.~ s}te a~~ a a~lede ~ob~~e ~ia~ne. ~Jue to ~~ event s~a~e a~~ a ee~~a~ny a have beep male to rent ~. fat for bus use. .~ fenders are ~a oer ~~~~~ to na~.ee a e~~~e~ ~o~~~e ~.o~ne an a ~en~ ~o..'a~ ~ reason. a are re~~en a see~a~ use pe~.t ~~ laca~e s~n~e ode .o~~~e ~o~ae on this ~o~ ~reh can be ~nan~e. an a rented dot. f 'rrr~~:~ www.. ~rrrr . ~ ~~~~ ~i1! IrMMII i1rF~~ 4l ~IFIIR#/.IIM Y.WW ~f~~lll~~r~ ~n~ Bord~eau~ ara~e ordea Board of Commissioners Meeting Ol/OS/2009 9-5-4 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2009 REGULAR ITEM: 10 DEPARTMENT: Planning PRESENTER(S): Sam Burgess CONTACT(S): Sam Burgess SUBJECT: Public Hearing Street Naming (SN-107, 12/08) -Request by Emergency 911 and County Fire Services to Name an Unimproved Road "Little Pony Trail" and Assign New Street Mailing Addresses Located Near the 7200 Block of Carolina Beach Road, West Side BRIEF SUMMARY: New Hanover County Emergency 911, New Hanover County Fire Services, and the property owners who live along a road located near the 7200 block of Carolina Beach Road, west side have petitioned County Planning staff to name their unnamed road "Little Pony Trail" and assign new street mailing addresses. Presently, residents who live along the road use Carolina Beach Road mailing addresses. The unimproved road is an access easement that was created back in the mid 1980's. There are a total of nine residential homes along the road. The number of residential homes that will be affected by the proposed changes is eight. One of the affected landowners suggested the name. All of the year-round residents who live along the road agree with the name. As of this printing, no opposition has been presented to the County Planning Department. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may approve or deny the street naming. ATTACHMENTS: SN-107 Staff Summary SN-107 Map Address Map COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting Ol/OS/2009 10-0 CASE: SN-107,12/08 PETITIONER: New Hanover County Planning Department REQUEST: Name an Unnamed Road to little Pony Trail Assign New Street Mailing Addresses LOCATION: Near 7200 Block Carolina Beach Road Staff Summary In accordance with NCGS 153A-239.1, New Hanover County Emergency 911, New Hanover County Fire Services, and the property owners who live along the road have petitioned County Planning staff to name their unnamed road little Pony Trail and assign new street mailing addresses. The road is located near the 7200 block of Carolina Beach Road, west side. Presently, residents who live along the road use Carolina Beach Road mailing addresses. The unimproved road is an access easement that was created back in the mid 1980's. The road varies in width from 30 to 60 feet. The length of the road is approximately 2,810 feet. There are a total of nine residential homes along the road. The number of residential homes that will be affected by the proposed changes is eight. One of the affected landowners suggested the name. All of the year round residents who live along the road agree with the name. As of this printing, no opposition has been presented to the County Planning Department. Staff Comments The road is located near the 7200 block of Carolina Beach Road, west side. A check of the proposed road name little Pony Trail through Emergency 911 indicates that the name is unduplicated. New street mailing addresses will be in accordance with the County's "Addresses Standards & Procedures Manual." The road is unimproved and provides access to eight residential homes. Staff Recommendation Staff recommends that the unnamed road be named little Pony Trail and that the present street mailing addresses be changed. The naming and addressing of this road will allow visual location of the road and enhanced emergency service delivery. If the name and street addressing is adopted by the Board, a new street sign will be erected by the County. Property owners will need to change their present address by February 6, 2009. Board of Commissioners Meeting Ol/OS/2009 10-1-1 F- a ~- z W a ~H RD EA N A g ARpl.1N c ~~ ~~ o ~~ O O O n N ~o n O O OQ n u ~Lj M Z J n i N u 0 ~u '~ ' ld ~~~ ~~ ~ o = ~~ 0 OHMS ~i ~i ,~ J ~~ ~ n ~o u W ~ n ii 0 ~~ T ~~bS ~ ~i N~ y w ii W ~ '~~ Z -~ ~u~ 0 m 'o ~ ~u n ~ ~~ ~ Z~ ~~ W V I~ o Z~ ' ~ ~~~ ~n H~ Q• ~ N ~~ =_;~ N W V Q ~u o ~ ~ ii ~ ~ ~ ~ONp P ~~ 1P 8 z o BpN 8 ~~ -~ n ~~ ~~ e ~~ n ~ Q o © a, e ~, a' e ~, ~ e N ~ ~ ~~ B ~ ~ ~ B ~ Q ~ 0 o o `~ u ~s ~ ~ o N ~ ~ N ~ W C ~ N t7 ~ 1C! t0 h ~ i ~ ~ J ~ O ~ ] it ~ lL LL .. L ,~ ~ ? ? 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