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Agenda 2015 01-05AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC JONATHAN BARFIELD, JR., CHAIRMAN - BETH DAWSON, VICE - CHAIRMAN SKIP WATKINS., COMMISSIONER - WOODY WHITE, COMMISSIONER - ROB ZAPPLE, COMMISSIONER CHRIS COUDRIET. COUNTY MANAGER - WANDA COPLEY. COUNTY ATTORNEY - TERESA ELMORE. INTERIM CLERK TO THE BOARD JANUARY 5, 2015 4:00 PM MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.) INVOCATION (Pastor Shawn Blackwelder, St. Paul's United Methodist Church) PLEDGE OF ALLEGIANCE (Vice- Chairman Dawson) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of New Hanover County Airport Authority Lease Amendment 3. Approval of Sheriff's Office Grant Application to the N.C. Governor's Crime Commission to Purchase Body Cameras 4. Approval of an Application for the Waiver of Landfill Tipping Fees for the Wilmington Area Rebuilding Ministry (WARM) 5. Approval of Donation of Starlab Planetarium to UNCW 6. Approval for Leading Into New Communities, Inc. (LINC) to Apply for Grant Funding from the N.C. Governor's Crime Commission with New Hanover County as the Applicant Agency 7. Adoption of Budget Amendments 8. Approval of Appointments of Commissioners to Various Boards and Committees 9. Adoption of a Code of Ethics for the Current Board Members ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS MINUTES 5 10. Consideration of Resolution in Support of the North Carolina Film and Television Industry 15 11. Cape Fear Community College Presentation — Advanced and Emerging Technologies Buildings 10 12. Consideration of Purchase of Property for Future Myrtle Grove Library Site 15 13. Consideration of a Resolution to Award Bid and Authorization to Execute Contract with Norris Construction Grading & Paving, Inc. for Castle Hayne Park Improvements 15 14. Consideration of Contract to Tyler Technologies for Reappraisal of County Real Property Parcels Board of Commissioners - January 5, 2015 40 15. Public Hearing Rezoning Request (Z -936, 12/14) — Request by Paramounte Engineering to Rezone 20.0 Acres from R -15, Residential District, to R- 10, Residential District 40 16. Public Hearing Rezoning Request (Z -937, 12/14) — Request by Darden Road, LLC to Rezone 8.61 Acres from R -20, Residential District, to (CZD) R -15, Conditional Residential Zoning District, for a 21 -Lot Residential Subdivision at 7320 Darden Road PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS MINUTES 10 17. Additional Items County Manager County Commissioners Clerk to the Board County Attorney ESTIMATED CLOSED SESSION AGENDA ITEMS OF BUSINESS MINUTES 20 18. Closed Session to Consider a Personnel Matter Pursuant to N.C.G.S. 143- 318.11(a)(6) 19. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - January 5, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2015 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Chairman Barfield CONTACT(S): Teresa P. Elmore, Interim Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review Meeting held on December 18, 2014 Regular Meeting held on December 22, 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 5 -0. Board of Commissioners - January 5, 2015 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2015 CONSENT DEPARTMENT: County Attorney PRESENTER(S): Wanda Copley, County Attorney CONTACT(S): Wanda Copley SUBJECT: Approval of New Hanover County Airport Authority Lease Amendment BRIEF SUMMARY: The New Hanover County Airport (the "Authority ") has requested that its Lease with New Hanover County dated July 1, 1989 for the premises known as the Wilmington International Airport tract be extended to June 30, 2049. The current lease expires June 30, 2019. Approving this request will assist in promoting economic development by providing potential tenants of the Airport an opportunity for a long term lease thus assisting them in obtaining financing if required. Without this approval, the Authority would be required to obtain additional commissioner approval when it desired to enter into a lease with a tenant that extended beyond 2019. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider and approve the Lease Amendment. ATTACHMENTS: Lease Amendment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 5, 2015 ITEM: 2 New Hanover County Contract 89 -0106 A STATE OF NORTH CAROLINA LEASE AMENDMENT COUNTY OF NEW HANOVER THIS LEASE AMENDMENT made and entered into this day of 2015 by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to "County "; and NEW HANOVER COUNTY AIRPORT AUTHORITY, a body corporate and politic hereinafter referred to as "Authority." WITNESSETH: WHEREAS, the parties hereto entered into a Lease Agreement ( "Agreement ") dated July 1, 1989, New Hanover County Contract 89 -0106, for premises known as the Wilmington International Airport tract, as more particularly described in Deed Book 1462 Page 1007 of the New Hanover County Registry; and WHEREAS, the parties hereto have mutually agreed to the terms of this Lease Amendment as hereinafter set out. NOW, THEREFORE, in consideration of the premises and the mutual covenants and conditions contained herein, the parties agree as follows: 1. Section 2.1, "Term of this Lease," is extended pursuant to Section 2.2 through June 30, 2049, unless sooner terminated in accordance with the provisions of this Agreement. 2. Ongoing Effect. Except as specifically above amended, the original Agreement shall remain unaltered and in full force and effect. IN TESTIMONY WHEREOF, the parties hereto have caused this instrument to be executed in duplicate originals by their duly authorized officials, the day and year first written above. (SEAL) ATTEST: Teresa P. Elmore, Interim Clerk to the Board Page 1 of 3 NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman Board of Commissioners - January 5, 2015 ITEM: 2 - 1 - 1 dm This instrument has been pre - audited in the manner required by the Local Government Budget and Fiscal Control Act. County Finance Director [CORPORATE SEAL] ATTEST: Secretary This instrument has been pre - audited in the manner required by the Local Government Budget and Fiscal Control Act. Airport Finance Director NORTH CAROLINA NEW HANOVER COUNTY New Hanover County Contract 89 -0106 A Approved as to form: County Attorney NEW HANOVER COUNTY AIRPORT AUTHORITY Chairman Approved as to form: Airport Attorney I, , a Notary Public of the State and County aforesaid, certify that Teresa P. Elmore personally came before me this day and acknowledged that she is Interim Clerk to the Board of Commissioners of New Hanover County, and that by authority duly given and as the act of the Board, the foregoing instrument was signed in its name by its Chairman, sealed with its official seal and attested by herself as its Clerk. Page 2 of 3 Board of Commissioners - January 5, 2015 ITEM: 2 - 1 - 2 dm New Hanover County Contract 89 -0106 A WITNESS my hand and official seal, this day of , 2014 Notary Public My commission expires: NORTH CAROLINA NEW HANOVER COUNTY I, , a Notary Public of the State and County aforesaid, certify that personally came before me this day and acknowledged that he is Secretary of the NEW HANOVER COUNTY AIRPORT AUTHORITY, and that by authority duly given and as the act of the Authority, the foregoing instrument was signed in its name by its Chairman, sealed with its corporate seal and attested by himself as its Chairman. WITNESS my hand and official seal, this 2015. My commission expires: Page 3 of 3 Notary Public Board of Commissioners - January 5, 2015 ITEM: 2 - 1 - 3 day of , dm NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2015 CONSENT DEPARTMENT: Sheriff PRESENTER(S): Sheriff McMahon CONTACT(S): Fonda Sykes, Administrative Support Specialist SUBJECT: Approval of Sheriff's Office Grant Application to the N.C. Governor's Crime Commission to Purchase Body Cameras BRIEF SUMMARY: The Sheriffs Office wishes to apply for a grant from the N.C. Governor's Crime Commission for the purchase of body cameras for all sworn personnel. The amount of the grant is $60,000 and will require a $15,000 match. The Sheriff proposes to used Federal Forfeited Property funds for this match. The cameras will cost approximately $1,200 each. Phase 1 will be to purchase 66 cameras for Patrol Division. Phase 2 as funds become available will be to purchase an additional 34 cameras for School Resource Officers. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Increase public safety and crime prevention RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval to apply for the grant and if awarded, use Federal Forfeited Property funds for the required match. ATTACHMENTS: Grant Evaluation Form COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 5, 2015 ITEM: 3 ��ve3iY.� O {, NEW HANOVER COUNTY Grant Application Evaluation Form �l -of C) Lead Department: Date: December , 2014 Sheriffs Office m m pmvidod by NHC another local a en or com-mullitY organization? Department Head. Focus Area: Sheriff McMahon Superior Public Safety Co- Applicants / Other Participating Departments/Agencies/Community Organizations: N/A Grant Title- Body Camera's Funding Organization: NC Governor's Crime Commission Fiscal Year. Grant Amount- X -New Grant ❑Recurring Grant 2014 -2015 $60,000 Multi -Year Grant? ❑Yes ❑No Matching Funds? X -Yes If Yes, Amount: oin Kind 25% match $15,000 X -Cash No oLand 00ther Application Due Date: -lanumyll,2015 $nefly describe the purpose of the grant. To purchase body camera's for the New Hanover County Sheriffs Office for all sworn personnel, Protecting the citizens and the deputies of New Hanover County Sheriffs Office. If known- Are any other ItiHC Departments eligible for this funding? oYes XNo u ossibl) Specifywinch obe(s)9 1 1Page Board of Commissioners - January 5, 2015 ITEM: 3 - 1 - 1 Will this project iu any way duplicate or compete with another service or oYes X -No m m pmvidod by NHC another local a en or com-mullitY organization? raPossibl Will this grant provide support for a mandated service? X -Yes ❑h10 Can we capitalize on this funding to meet current and /or future equipment or X -Yes ❑No faeili needs? Does the grantor agency accept indirect costs as an allowable expense? oYes X -No If Yes, what dollar or percentage is allowed? 1 1Page Board of Commissioners - January 5, 2015 ITEM: 3 - 1 - 1 Can the proposal be completed within grant time frain a allotted? X -Yes ONO oPossibly Can the requirements of this grant be met with current staffing levels? X -yes oNo nPossibly Will new positions be requested (or expiring grant funded positions extended)? ❑Yes X -No If Yes, how many new positions will be funded by the grants new positions How many existing positions will be funded by the grant? existing positions Will the grant create % program or require -any County commitment for funding , oYes X -No after grant funding ends`) Does this program fit well with and eahance a current department or County oYes oNo i program i initiative i service? If Yes, please explain: Does sufficient Administrative support exist to make the grant worth pursuing? X -Yes oNo Do grant proceeds exceed the total costs to provide the program to the County uffes X -No (this includes the expense for staff time associated with applying and administenng the rant)? -Or- Does implementing the program supported by the grant save the county more oYes ,allo money m avoided costs than the total cost to provide the program (including errant ap 1p rcatton and admmistr-atiop)L?- _ Are matching g funds in the current budget or does the match require additional X taAvailable funding'? Additional Needed NIA- No matching funds Does the grant extend beyond the fiscal year (7/1 to 6/30)° oYes X -No Is funding received in advance or on a reimbut sement basis? e.lu Advance X- Reimbursement 1 have read, and am familiar with, the Grant Policy (AM 12 -005). 1 acknowledge that as the Department Head, I am agreeing to be responsible for the administration of this grant and will ensure all requirements are fully met in a tamely manner, 7 Department Head Date D/ M/YY) n. -- AApprored Grants & Project Analyst Act Approved Date (DD /MM/YY) 21Page. Board of Commissioners - January 5, 2015 ITEM: 3 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2015 CONSENT DEPARTMENT: Environmental Management PRESENTER(S): Joe Suleyman, Environmental Management Director CONTACT(S): Joey Suleyman �111101 1.311 Drill 9 Approval of an Application for the Waiver of Landfill Tipping Fees for the Wilmington Area Rebuilding Ministry (WARM) BRIEF SUMMARY: The Environmental Management Department has received an application for the waiver of tipping fees from the Wilmington Area Rebuilding Ministry (WARM). This non - profit organization completes urgent repairs and provides accessibility upgrades for low- income homeowners who are elderly and disabled. WARM services are free to those who qualify. The landfill has waived a total of $94,875 in tipping fees (1,816 tons) for fiscal year 14 -15 to date. The Environmental Management Director recommends approval of the waiver request effective December 1, 2014 thru June 30, 2016, restricted to waste generated within New Hanover County, with a maximum cap of five (5) tons/year. STRATEGIC PLAN ALIGNMENT: Effective County Management • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the application to waive landfill tipping fees for the Wilmington Area Rebuilding Ministry effective December 1, 2014 thru June 30, 2016 for up to five (5) tons per year of waste generated in New Hanover County. ATTACHMENTS: WARM Tipping Fee Waiver Application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. 141110ILI16X9 CI7►1 DI.769al03U 0 CI7►6`M Approved 5 -0. Board of Commissioners - January 5, 2015 ITEM: 4 APPLICATION FOR WAIVER OF TIPPING FEES This form should be completed and submitted to the Director of Environmental Management for consideration of a waiver of established tipping fees. The Director will review the application and forward a recommendation to the County Manager. The County Manager will make the final decision on the application, which will then be forwarded to the applicant. Submit the completed form to: Joe Suleyman Director, Environmental Management 3002 US Highway 421 North Wilmington, NC 28401 SECTION ONE (To be completed by Applicant) Name of Org Address: �nlm�c�m.unc, 2vwi Primary Contact: '-CM VT-1 Phone: AN ;50\ok -1)15 i0 Email Address: �)Tn 1.) What is the mission of your organization? 2.) What type of service(s) do /does your organization provide to the residents of New Hanover County? �.�2G- 3.) Outline the necessity of this request and its impact on your organization: fie. aka Board of Commissioners - January 5, 2015 ITEM: 4 - 1 - 1 3.) Have tipping fees been waived in the past for this organization (circle one)? YES NO 4.) Please attach a copy of any documentation of your organization's IRS status Gee- 641t�� 5.) What waste removal/hauling company will be transporting your waste? MA-200 10 6.) What is the estimated amount (in tons or cubic yards) of expected waste generation? Tons OR Cubic Yards I hereby certify that the information above is true and accurate, and that lam authorized by my organization to submit this request on its behalf. I also understand that it is my organization's responsibility to ensure that no hazardous or prohibited wastes will be disposed of. Signature: L2/ SECTION TWO (To be completed by NHC DEM) Date: 6;m ted 16 evade jqenepa,¢ad r',, tuHC_- - the tippingfee waiver request and ReCamme .1d, an RECOMMEND DO NOT RECOMMEND approval (circle one). e4�C,W& d &te d j- /,/,2o/y 71Ar,-s A LI.2o /6, w*h a Cabo op (/ Signature: Date; 11 y Attach County Manager approvalidisapproval letter to this document and forward to the applicant. Cc: NI-IC Landfill Mgr. DEM File Board of Commissioners - January 5, 2015 ITEM: 4 - 1 - 2 1. What is the mission of your organization? WARM unites people of compassion to rebuild homes and restore hope for low- income homeowners, many of whom are elderly or disabled, and enables them to live safely and independently in their own homes and communities. 2. What type of service(s) do /does your organization provide to the residents of New Hanover County? WARM completes urgent repairs and accessibility upgrades for qualifying low- income homeowners, many of whom are elderly or disabled, at no cost to the homeowner 3. Outline the necessity of this request and its impact on your organization: WARM is a non - profit organization who spends a majority of its funds on building materials to complete home repairs. By having fees such as these waived, more resources can be allocated to the building materials for home repairs. Board of Commissioners - January 5, 2015 ITEM: 4 - 1 - 3 �' %�y�jlrJ i'�►,1 .trl:•rn�l :ir�'enu::ic'r�'ict P.O. Sox 26J8, Ruo:a 4010 Cincinnati OH 45201 4ILMINGTU,4 AREA R5BUTLDING H.- NISTRY V: '?0 N FOUF' I ST' SUITE 2:.3 r - WIL ING TON ;JC 2d401 02F621 In riply refer to: 4077550279 Mar. 23, ?C12 _TR 4168C 0 56-- 2076795 t;'.COUO 00 00039609 ADDC: Tq rr:plcyer Iden= if'_cat; ion N�mbe.r: 56- 2076795 Person to Contact: Sop;lii� B,-own Tull Free Telephone 44mber: 1- 677 - 829 -5500 Lear Taxpayer: This is in espnnse to yot. -r Feb. 01, 2012, request for in Par�nafia�� regarG-wny yuut, tax -examp t status. Our .`ecorc's ind-,ca'ce that ynu were recogni ;eed as exempt: Lnder section 501 (c) (7) of the In ornal Revenue Cone in a deter.n4nE-t;on letter ssuea in June 1'399. Out- reco-ds also indicate that you are not a private foundation within Eye meaning of section 509Ca3 of the Code because you are ucscribed fn sect -on(s) 505(a)(1) and 170:b)(l)(R)(va). Donors may deduct collti,- `i,Ations to you as provided '.n sectior. 170 of tie Code. Bequests, legacies, deviser, tra.isfers, cr gifts o ycu ar roe- you.- Lse are deductible fo, Federal estate and gift pax purposes if they meet the applicable provisions o;' sections 2053, 2106, and 2522 of the Code. Please refer to our website www.4.rs.gov /eo for information regarding riling requiremen s. Spec';'acally, section 6033(7) of the Cote p,•ovides that .,ailtirz to file an annual inforr,atYOn return for Three cur:sacu7*ivc6 ;mars result—, iii revocation of tae.- exeynpt status az of the fili :ig due date ol� '4he third return for organizatiuns required ' o file. We will oublish a list of organizations whose tax- exerrpt status :,ras !,evoke6 under section 6033(;) of the Code or- our website beginaing in early 2011. It you have any quesilons, please cal.. us at the tele► ! n3 numbe- shown in the h�4a 'Ing of th s letter. sincerely yours, IA*L7 Cindy Thomas Manager, ED Jeterriinat:,ons Board of Commissioners - January 5, 2015 ITEM: 4 - 1 - 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2015 CONSENT DEPARTMENT: Museum PRESENTER(S): Lisa Wurtzbacher, Finance Director CONTACT(S): Sheryl Mays, Museum Director; Lena Butler, Purchasing Supervisor SUBJECT: Approval of Donation of Starlab Planetarium to UNCW BRIEF SUMMARY: Cape Fear Museum owns a Starlab Planetarium that has been in use since 1998 and ranks as the museum's most used piece of educational equipment. The inflatable Starlab is in need of repair; however, due to its age, replacement parts are no longer available. The Museum recently purchased a new digital, portable planetarium using grant funds and donor funds. As a part of the grant agreement, the Museum wishes to give the old Starlab to UNCW's Center for Education in Science, Technology, Engineering and Mathematics ( CESTEM). CESTEM also has a Starlab Planetarium and plans to use the donated equipment for parts. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Support programs to improve educational performance RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution to donate Starlab Planetarium to UNCW. ATTACHMENTS: Resolution Public Notice COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 5, 2015 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DONATATION OF EQUIPMENT TO UNCW WHEREAS, Cape Fear Museum owns a Starlab Planetarium purchased in 1998 that is in need of repair; however, due to its age, it is difficult to obtain replacement parts; and WHEREAS, the Museum recently purchased a new digital, portable planetarium using grant funds and donor funds; and WHEREAS, as a part of the grant agreement, the Museum wishes to give the old Starlab to UNCW's Center for Education in Science, Technology, Engineering and Mathematics ( CESTEM); and WHEREAS, CESTEM also has a Starlab Planetarium and plans to use the donated equipment for parts; and WHEREAS, pursuant to North Carolina General Statues 153A -176 and 160A -280, the County may donate to another governmental unit within the United States any personal property, including supplies, materials, and equipment, that the governing board deems to be surplus, obsolete, or unused pursuant to a resolution adopted after the posting of a public notice of such resolution at least five (5) days prior to its adoption; and WHEREAS, a public notice has been advertised as required prior to the adoption of this resolution approving the donation. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners: 1. That the Starlab Planetarium is declared surplus property; 2. That the donation of the Starlab Planetarium to UNCW is approved; and 3. That County staff is directed to process any required documents to complete the transaction. ADOPTED this the 5th day of January, 2015 NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Interim Clerk to the Board Board of Commissioners - January 5, 2015 ITEM: 5 - 1 - 1 PUBLIC NOTICE At their meeting scheduled for Monday, January 5, 2015 at 4:00 PM, New Hanover County Board of Commissioners will consider a resolution to declare a Starlab Planetarium surplus property and approval for the equipment to be donated to the University of North Carolina at Wilmington (UNCW). The planetarium was purchased by the County in 1998 and has a book value of $0. The Museum has received a $5,000 grant from the Corning Inc. Foundation to be used toward the purchase of a new, digital portable planetarium. This meeting will be held at the New Hanover County Historic Courthouse located at 24 N. Third St., Wilmington, NC 28402. Board of Commissioners - January 5, 2015 ITEM: 5 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2015 CONSENT DEPARTMENT: Finance PRESENTER(S): Frankie Roberts, LILAC Executive Director CONTACT(S): Lisa Wurtzbacher, Finance Director SUBJECT: Approval for Leading Into New Communities, Inc. (LINC) to Apply for Grant Funding from the N.C. Governor's Crime Commission with New Hanover County as the Applicant Agency BRIEF SUMMARY: Leading Into New Communities, Inc. (LINC) has created a strong collaboration of organizations to facilitate the reentry of prisoners back into our community and help them achieve self - sufficiency and avoid recidivism. A request has been received from the Executive Director of LINC, Frankie Roberts, that New Hanover County participate as the applicant agency for a $75,000 grant application to N.C. Governor's Crime Commission. LINC is requesting a waiver from the Governor's Crime Commission of the 25% cash match. If the waiver is denied, LINC will be responsible for the cash match. The County has served as the applicant on behalf of LINC for the past eight years. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Develop appropriate public /private partnerships RECOMMENDED MOTION AND REQUESTED ACTIONS: Recommend approval for LINC to apply for a grant with the N.C. Governor's Crime Commission with New Hanover County as the applicant agency. ATTACHMENTS: LINC Letter of Request COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 5, 2015 ITEM: 6 JINC• � New o 11111111 s Leading Into New Communities December 8, 2014 Mr. Chris Coudriet, County Manager New Hanover County Government 230 Government Center Drive Suite 195 Wilmington, NC 28403 Dear Mr. Coudriet: Frankie Roberts, Executive Director BOARD MEMBERS Alfred M. White, Chair, Bank of America Kim Cook, Ph.D., UNCW Sociology & Criminology Roland C. Draughn, III, Attorney at Law Elizabeth Hines, Ph.D., UNCW Geography Matthew Langley, Assisted Care, Inc. Michael Maume, Ph.D., UNCW Criminology LeeAnne Quattrucci, Attorney at Law Tracy W. Wilkinson, Attorney at Law I would like to request that the New Hanover County Commissioners give consideration and permission to New Hanover County acting as the applicant for a 2015 North Carolina Governors Crime Commission grant application in which Leading Into New Communities (LINC), Inc. is the implementing organization. We would like to thank the Commissioners for being our applicant over the past five (5) years. This year we are requesting $75,000. A waiver is also being requested of the Governors Crime Commission for the 25% cash match for 2015 that we have covered in the past with our City of Wilmington dollars that we also anticipate getting this year also. Leading Into New Communities (LILAC), Inc. has the vision of creating a successful re -entry into society of previously incarcerated persons through advocacy for policy change and individual rights and the provision of direct services through a strong, focused collaboration of organizations to develop knowledge, understanding and resources regarding re -entry. In response to the approximate thirty to fifty ex- offenders that have returned to New Hanover County weekly since the NC early release legislation in 2007, ZINC has facilitated a strong collaboration of organizations; New Hanover County Reentry Task Force that is committed to facilitating the reentry of prisoners to our community to help .them achieve self - sufficiency and avoid recidivism. LINC, Inc. expects to continue its effort with the similar mission but different name; NHC Reentry Council. The Council will meet regularly and will include members from corrections, public safety, health and human services, employment and the education arena. NC Governors Crime Commission funding expenditures will include staff for our forty bed facility (seven positions), along with other operating expenses such as rent (current facility), office equipment and supplies, contracted services for training, legal representation and program evaluation, and staff and client travel expenses. Thank you very much for your consideration of our request to the Board of Commissioners in January about our funding opportunity and request. Sincerely, Frankie Roberts Executive Director P__ 5 PO Box 401 • Wilmington, NC 28402 • Phone (910)332 -1132 • Fax (910)332 -1145• www.lincnc.org 501(c) 3 nonprofit organization All donations are tax deductible & greatly appreciated Board of Commissioners - January 5, 2015 ITEM: 6 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2015 CONSENT DEPARTMENT: Budget 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, 2015: 15 -035 Department of Social Services 15 -036 Health 15 -037 Sheriff STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinances for the budget amendments listed. ATTACHMENTS: B/A 15 -035 B/A 15 -036 B/A 15 -037 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 5, 2015 ITEM: 7 AGENDA: January 5, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET BY BUDGET AMENDMENT 15 - 035 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 15 -035 be made to the annual budget ordinance for the fiscal year ending June 30, 2015. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Provide health / wellness education, programs, and services Fund: General Fund Department: Social Services Expenditure: Decrease Increase Social Services $50,134 Total $0 $50,134 Revenue: Decrease Increase Social Services $50,134 Total $0 $50,134 Section 2: Explanation To budget an additional allocation for the Smart Start Daycare in the amount of $50,134. The Smart Start Daycare allocation exceeded the original estimate. The Department of Social Services (DSS) estimates how many children they can enroll in daycare. DSS makes an assumption that there will be a certain amount of turnover. Turnover to date has been less than anticpated. Therefore, the waiting list will not be affected by this budget amendment. Roughly 109 children are funded through Smart Start funding. Currently, there are 805 children on the waiting list. 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 15 -035, amending the annual budget ordinance for the fiscal year ending June 30, 2015, is adopted. Adopted, this 5th day of January, 2015. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Interim Clerk to the Board Board of Commissioners - January 5, 2015 ITEM: 7 - 1 - 1 AGENDA: January 5, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET BY BUDGET AMENDMENT 15 - 036 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 15 -036 be made to the annual budget ordinance for the fiscal year ending June 30, 2015. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Provide health / wellness education, programs, and services Fund: General Department: Health Expenditure: Decrease Increase Health Department $2,000 Total $0 $2,000 Revenue: Decrease Increase Federal Grant $2,000 Total $0 $2,000 Section 2: Explanation The Food and Drug Administration has awarded the Health Department a grant in the amount of $2,000. The grant funds will be used to provide training for Environmental Health Food Safety Specialists. There is no County match 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 15 -036, amending the annual budget ordinance for the fiscal year ending June 30, 2015, is adopted. Adopted, this 5th day of January, 2015. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Interim Clerk to the Board Board of Commissioners - January 5, 2015 ITEM: 7 - 2 - 1 AGENDA: January 5, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET BY BUDGET AMENDMENT 15 - 037 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 15 -037 be made to the annual budget ordinance for the fiscal year ending June 30, 2015. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: Federal Forfeited Property Fund Department: Sheriff Expenditure: Decrease Increase Sheriffs Office $4,496 Total $0 $4,496 Revenue: Decrease Increase Sheriffs Office $4,496 Total $0 $4,496 Section 2: Explanation To budget Federal Forfeited Property Fund receipts for 11/14. Federal Forfeited Property funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary. The current balance in the Federal Forfeited Property Fund is $77,364. 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 15 -037, amending the annual budget ordinance for the fiscal year ending June 30, 2015, is adopted. Adopted, this 5th day of January, 2015. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Interim Clerk to the Board Board of Commissioners - January 5, 2015 ITEM: 7 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2015 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Chairman Barfield CONTACT(S): Teresa P. Elmore, Interim Clerk to the Board SUBJECT: Approval of Appointments of Commissioners to Various Boards and Committees BRIEF SUMMARY: Attached is a listing of the Commissioners who currently serve on various boards and committees for your review and consideration. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments. ATTACHMENTS: Commissioner Appointments 2015 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointments. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 5, 2015 ITEM: 8 NEW HANOVER COUNTY COMMISSIONER APPOINTMENTS TO BOARDS AND COMMITTEES Board /Committee 2014 2015 (Designated for Commissioner Representative) Airlie Gardens Foundation Board of Directors Vice -Chair Dawson Commissioner Watkins Cape Fear Community College Long -Range Chairman White Commissioner White Planning Committee (designated for commissioner) Cape Fear Council of Governments Executive Vice -Chair Dawson Vice - Chairman Dawson Committee Cape Fear Museum Advisory Board Vice -Chair Dawson Commissioner Zapple Cape Fear Public Transportation Authority/WAVE Commissioner Barfield Chairman Barfield Transit (WAVE representative on the MPO/TAC) Cape Fear Public Utility Authority Chairman White Commissioner White (3 -Year Term Expiring 6/30/15) Cape Fear Public Utility Authority Commissioner Wolfe Commissioner Zapple (3 -Year Term Expiring 6/30/15) CoastalCare, Inc. (Mental Health) Vice -Chair Dawson Vice - Chairman Dawson Legion Stadium Commission Commissioner Barfield Commissioner Watkins Legion Stadium Commission Chairman White Commissioner White Local Emergency Planning Committee Chairman White Chairman Barfield Lower Cape Fear River Program Advisory Board Commissioner Wolfe Commissioner Watkins New Hanover County Board of Health Vice -Chair Dawson Commissioner Zapple New Hanover County Financing Corporation, Inc. Chairman White Chairman Barfield New Hanover County Tourism Development Authority Commissioner Barfield Chairman Barfield New Hanover Regional Medical Center Board of Commissioner Barfield Vice - Chairman Dawson Trustees Parks Conservancy Board of Directors Vice -Chair Dawson Commissioner Zapple Smart Start of New Hanover County Vacant - designated Commissioner Zapple staff Southeastern Economic Development Commission Commissioner Barfield Vice - Chairman Dawson Southeastern Partnership Inc. /Economic Development Vice -Chair Dawson Vice - Chairman Dawson Ten Year Plan to End Homelessness Vice -Chair Dawson Vice - Chairman Dawson Wilmington Business Development Chairman White Chairman Barfield Wilmington Chamber of Commerce Commissioner Barfield Commissioner Zapple Wilmington Downtown Inc. Commissioner Wolfe Commissioner Watkins Wilmington /New Hanover Port, Waterway & Beach Commissioner Wolfe Commissioner White Commission Wilmington Regional Film Commission Vice -Chair Dawson Vice - Chairman Dawson Wilmington Urban Area Metropolitan Planning Chairman White Commissioner Watkins Organization — Transportation Advisory Committee Cape Fear Community College Board of Trustees Chairman White Commissioner White (At -Large 4 -Year Term Expiring 6/30/17) Lower Cape Fear Water & Sewer Authority Commissioner Wolfe Commissioner Watkins (At -Large 3 Year Term Expiring 5/31/15) New Hanover County Board of Social Services Commissioner Barfield Chairman Barfield (At -Large 3 -Year Term Expiring 6/30/16) Board of Commissioners - January 5, 2015 ITEM: 8 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2015 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Vice - Chairman Dawson CONTACT(S): Vice - Chairman Dawson SUBJECT: Adoption of a Code of Ethics for the Current Board Members BRIEF SUMMARY: General Statutes 160A -86. Local governing boards' code of ethics: (a) Governing boards of cities, counties, local boards of education, unified governments, sanitary districts, and consolidated city- counties shall adopt a resolution or policy containing a code of ethics to guide actions by the governing board members in the performance of the member's official duties as a member of that governing board. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the code of ethics resolution. ATTACHMENTS: Code of Ethics COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 5, 2015 ITEM: 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION ADOPTING A CODE OF ETHICS WHEREAS, G.S. 160A -86 requires local governing Boards to adopt a code of ethics; and WHEREAS, New Hanover County citizens deserve to be served by public officials who maintain the highest ethical standards; and WHEREAS, the stability and proper operation of democratic representative government depends upon public confidence in the integrity of the government, and upon responsible exercise of the trust conferred by the citizens upon their elected officials; and WHEREAS, Board members must act in a manner that maintains their integrity and independence and be responsive to the interests and needs of those they represent; and WHEREAS, Board members must know how to distinguish among their various roles, to determine when each role is appropriate, and to act accordingly: 1. As advocates, who strive to advance the legitimate needs of their citizens. 2. As legislators, who balance the public interest and private rights in considering and enacting ordinances and resolutions, and 3. As fair and impartial decision - makers, when making quasi-judicial and administrative determinations. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby adopt the following Code of Ethics to guide the Board of County Commissioners in its decision - making. The Board of Commissioners directs all County boards and committees to respect and abide by this Code of Ethics in the performance of their duties. CODE OF ETHICS Purpose. The purpose of this Code of Ethics is to establish guidelines for ethical standards of conduct for the Board of County Commissioners. It should not be considered a substitute for the law or for a Board member's best judgment. Section 1. A. Board members should obey all laws that apply to their official actions. The spirit as well as the letter of the law should guide their actions. Board members should feel free to assert policy positions and opinions without fear of reprisal from fellow Board members or citizens. B. Board members should endeavor to keep themselves current, through the County Attorney and other sources, of the most pertinent constitutional, statutory, and other legal requirements with which they must be familiar in order to meet their legal responsibilities. C. Board members shall comply with G.S. 160A -87 in receiving two clock hours of ethics education within twelve months of each election or appointment to office. Section 2. Board members should act with integrity as they exercise the functions of their offices. Characteristics and behaviors that are consistent with this standard are: A. Behaving consistently and with respect towards everyone with whom they interact. B. Exhibiting trustworthiness. Board of Commissioners - January 5, 2015 ITEM: 9 -1 -1 C. Living as if they are on duty as elected officials regardless of where they are or what they are doing. D. Using their best independent judgment to pursue the common good, while being able to consider the opinions of others, presenting their opinions to all in a forthright manner. E. Remaining incorruptible, self - governing, and not subject to improper influence. F. Disclosing contacts and information about issues that they receive outside of public meetings and refraining from seeking or receiving information about quasi-judicial matters outside of the quasi-judicial proceedings. G. Treating other Board members and the public with respect, and honoring the opinions of others even when they disagree. H. Being careful not to reach conclusions on issues until all sides have been heard. I. Recognizing that individual Board members are not generally allowed to act on behalf of the Board, but may only do so if the Board specifically so authorizes because the Board must take official action as a body. Section 3. Board members should be faithful in the performance of the duties of their office. Board members should faithfully attend and prepare for meetings. They should carefully analyze all credible information that is properly submitted to them, mindful of the need not to engage in communications outside the meeting in quasi-judicial matters. They should demand full accountability from those over whom the Board has authority. Section 4. Elected members of local governing Boards should conduct the affairs of their Boards in an open and public manner. They should comply with all applicable laws governing open meetings and public records, recognizing that doing so is an important way to be worthy of the public's trust. They should remember when they meet that they are conducting the public's business. They should also remember that the records of their local government belong to the public. A climate of openness is to be maintained at all times. They should take deliberate steps to ensure that any closed sessions held by the Board are conducted lawfully, and that such sessions do not stray from the purposes for which they are called. Section 5. This Code of Ethics shall be effective upon adoption, unless modified, amended, or repealed. ADOPTED this the 5th day of January, 2015. NEW 14ANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa Elmore, Interim Clerk to the Board Board of Commissioners - January 5, 2015 ITEM: 9 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2015 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Vice - Chairman Beth Dawson CONTACT(S): Vice - Chairman Beth Dawson SUBJECT: Consideration of Resolution in Support of the North Carolina Film and Television Industry BRIEF SUMMARY: The following resolution is being presented in response to the November 17, 2014 Special Meeting of the County Commissioners and Wilmington City Council regarding economic development. Once approved, the resolution will be sent to the local legislative delegation in order to assist them in advocating and supporting the NCGA in its efforts to provide either tax credits or grants for the film industry. The Wilmington City Council will be considering a similar resolution during its January 6, 2015 meeting. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. ATTACHMENTS: Film Support Resolution 2015 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 5, 2015 ITEM: 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION IN SUPPORT OF THE NORTH CAROLINA FILM AND TELEVISION INDUSTRY WHEREAS, North Carolina seeks and wishes to attract clean, knowledge -based industries that position the state well for 21st century job expansion; and WHEREAS, the Film and Television Industry has been an important clean industry in North Carolina for over 30 years and has contributed to jobs and increased economic activity in over eighty North Carolina counties; and WHEREAS, over 4,000 families depend on this industry for well - paying jobs and the industry workforce has multiplied in each of the last three years; and WHEREAS, this industry provides highly skilled jobs and opportunities and contributes significantly to workforce earnings potential; and WHEREAS, our skilled crew base, well - trained talent, excellent facilities, and diverse scenery make New Hanover County and North Carolina excellent places to film; and WHEREAS, every level of public education trains technical employees for this industry and post- secondary job placement in the industry is very strong; and WHEREAS, film over the last five years has exceeded 1.25 billion dollars in gross domestic product for the state; and WHEREAS, North Carolina policy has historically encouraged productions from around the world to economically produce movies and television series in our state; and WHEREAS, films and TV series produced in North Carolina attract destination tourism to filming locations, contributing to the state's travel economy. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners, does hereby support the North Carolina Film and Television Industry and the necessary expansion of the new film grant program along with other cooperative efforts to maintain and grow this industry; and FURTHERMORE, calls upon our representatives in the North Carolina General Assembly to continue support of this important industry. ADOPTED, this the 5tn day of January, 2015. NEW 14ANOVER COUNTY Jonathan Barfield, Jr., Chairman Teresa P. Elmore, Interim Clerk to the Board Board of Commissioners - January 5, 2015 ITEM: 10-1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2015 REGULAR DEPARTMENT: County Manager PRESENTER(S): Dr. Ted Spring, President, Cape Fear Community College CONTACT(S): Chris Coudriet, County Manager SUBJECT: Cape Fear Community College Presentation — Advanced and Emerging Technologies Buildings BRIEF SUMMARY: In November 2014 the Cape Fear Community College Board of Trustees award a contract to Monteith Construction for the construction of buildings that constitute the Advanced and Emerging Technologies facilities on the college's north campus. The awarded contract was approved contingent on the county commission agreeing to fund the project via a final sale of community college bonds authorized by the voters in 2008. The amount outstanding and authorized to sale is $40 million. Through college trustee deliberations, questions about the necessity of the north campus facilities was raised when trustees compared projects and square footage identified in 2008 to those built since voter approval. Discussions focused on gross square footage, assignable square footage, and the overall rate of college student growth as measured by full time equivalency. President Spring will present the rationale of the college and administration for going forward with the Advanced and Emerging Technologies buildings. County staff will also answer any questions the board has about the college's presentation and other matters of import to the county commission. The item is information only. The county commission is not being asked to make a policy decision about issuing the debt or not. The matter is time sensitive, and the county staff does intend to bring an official policy question to the board in the immediate future so that certainty about the projects and the contract award can be resolved. STRATEGIC PLAN ALIGNMENT: Effective County Management • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners - January 5, 2015 ITEM: 11 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2015 REGULAR DEPARTMENT: County Manager PRESENTER(S): Tim Burgess, Assistant County Manager; and Harry Tuchmayer, Library Director CONTACT(S): Tim Burgess SUBJECT: Consideration of Purchase of Property for Future Myrtle Grove Library Site BRIEF SUMMARY: The current Myrtle Grove library branch was built over 20 years ago. Since its opening, the service area population, the number of library patrons, and the circulation count has increased significantly, which has resulted in the need for a larger facility. In 1993, the service area population was 43,258. As of 2010, the service area population had increased by 69.3% to 73,256. In 1993, the door count was 112,172. By 2010, the door count had increased by 51.7% to 170,184. In 1993, the library circulated 264,704 items. By 2010, the number of items circulated had grown by 25.6% to 332,657. As previously mentioned, in order to accommodate this growth the branch needs to be expanded. However, the current site is not conducive to such an expansion due to the size of the lot, which is slightly over one acre. The size of the lot limits the options for expansion and restricts the County's ability to address significant parking issues. Since the current site will not accommodate this needed expansion, the library will have to be relocated to a site that is large enough to address the facility needs and the parking issues. Staff, with the assistance of a commercial real estate firm, has identified such a property. This property is a 2.95 -acres site and is located at 3802 South College Road (behind the Walgreens at 17th and S. College). The asking price is $450,000. The negotiated purchase price is $444,000. In order to secure this property, the County Manager has executed a purchase contract on behalf of the County; however, the purchase is conditional on New Hanover County Board of Commissioners' approval. In addition to the Board of Commissioners' approval, the following conditions are part of the contract: • The obligation to purchase is expressly contingent upon the Buyer being able to rezone the subject property for development as a public library and /or other public facilities desired by the County. • The examination /due diligence period shall be 180 days upon execution. Provided, however, should Buyer secure rezoning prior to that expiration, an expedited closing shall be scheduled. • The Seller shall remove in its entirety the existing structure on the subject property, at its sole cost and expense, leaving only the slab. Such work shall be scheduled and coordinated with Buyer prior to closing. Closing is expressly contingent upon removal of the structure. • The Seller may remove landscape shrubs and ornamental trees constituting part of Seller's nursery business, at Seller's sole cost and expense. Such work shall be scheduled and coordinated with Buyer prior to closing. Any such items remaining after closing shall become the County's property. • The existing signage and fencing on the subject property shall remain in place and title to such will pass with the land conveyance. During the due diligence period, the property will be evaluated by a landscape architect for its suitability for a library and a Phase 1 environmental assessment will be conducted. The results of the Phase 1 environmental assessment will determine whether a Phase 2 environmental assessment will be necessary. Also, the property is currently zoned with a Special Use designation for a florist; therefore, as per the City of Wilmington, the property will need to be rezoned. Upon Board of Commissioners' approval, the County will commence with the assessments and the rezoning process. Board of Commissioners - January 5, 2015 ITEM: 12 The tentative plan is for the design for the new library facility to take place in FY 2016 -17 with construction commencing in FY 2017 -18. The request before the Board of Commissioners is to approve the purchase of the property, subject to the conditions set forth above, and the related budget amendment. The Board is not being asked at this time to approve moving forward with design and construction of the facility. This request will be presented to the Board of Commissioners at a later date. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the purchase of the property, subject to the conditions set forth in the Brief Summary section above, and adopt the ordinance for the related budget amendment 15 -038. ATTACHMENTS: Myrtle Grove Map B/A 15 -038 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 5, 2015 ITEM: 12 New Hanover County Page I of 1 PARID:R06600 -002- 001 -000 STINSON CHARLES R 3802 COLLEGE RD S i a kip �. . { tom+ : t Copyright 2007 Board of Commissioners - January 5, 2015 http:l/ etax. rihcgov .corn /arcgismaps/PrintMap.a§ ph*erfylpe= Datalet&imageFormat =PN... 12/16/2014 AGENDA: January 5, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET BY BUDGET AMENDMENT 15 - 038 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 15 -038 be made to the annual budget ordinance for the fiscal year ending June 30, 2015. Section 1: Details of Budget Amendment Strategic Focus Area: Intelligent Growth / Economic Development Strategic Objective(s): Enhance / add recreational, cultural and enrichment amenities Build / maintain infrastructure Fund: General Department: Library Expenditure: Decrease Increase Library $466,000 Total $0 $466,000 Revenue: Decrease Increase Appropriated fund balance $466,000 Total $0 $466,000 Section 2: Explanation This budget amendment will appropriate fund balance to purchase property for the relocation of the Myrtle Grove Library. The proposed property is 2.95 acres and is located at 3802 South College Road. The negotiated purchase price is $444,000. An additional $22,000 is needed for suitability and environmental assessment(s). If this budget amendment is approved, the amount of fund balance appropriated to date is $13.8 million. 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 15 -038, amending the annual budget ordinance for the fiscal year ending June 30, 2015, is adopted. Adopted, this 5th day of January, 2015. (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Interim Clerk to the Board Board of Commissioners - January 5, 2015 ITEM: 12- 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2015 REGULAR DEPARTMENT: Parks PRESENTER(S): Tara Duckworth, Parks & Gardens Director CONTACT(S): Andy Johnson, Parks & Gardens Assistant Director; Lena Butler, Purchasing Supervisor SUBJECT: Consideration of a Resolution to Award Bid and Authorization to Execute Contract with Norris Construction Grading & Paving, Inc. for Castle Hayne Park Improvements BRIEF SUMMARY: Sealed bids for Castle Hayne Park Improvements were received and opened publicly on Thursday, December 4, 2014 at 1:00 PM in Finance Conference Room 500. "Total Base Bid" included the cost for standard park improvements for fields, an irrigation system, and a contingency allowance. Alternate bids were requested which included the cost to construct a basketball court, and the cost to install a 10 -foot walking trail in open areas and a separate cost of the trail in the wooded areas. Staff requests that the Commissioners award the contract based on "Total Base Bid" to Norris Construction Grading & Paving, Inc., the lowest responsive, responsible bidder whose bid totaled $1,484,143.50. Funds totaling $1.5 million have been budgeted for this project. A bid tabulation of all bids received is attached. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution awarding bid to Norris Construction Grading & Paving, Inc., for the "Total Base Bid" amount of $1,484,143.50 and authorize the County Manager to execute the contract, contract form to be approved by the County Attorney. ATTACHMENTS: Resolution Bid Tab COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - January 5, 2015 ITEM: 13 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 5, 2015 ITEM: 13 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD OF CASTLE HAYNE PARK IMPROVEMENTS BID WHEREAS, after due advertisement, bids were received and publicly opened by Lena Butler, Purchasing Supervisor on December 4, 2014, and the following bids were received for RFB 15- 0185- Castle Hayne Park Improvements; and Triangle $1,772,529.15 $20,854 $46.67/1-F Grading Charles $1,674,561.00 $16,000 $50 /1-F Hughes Construction Alt 3- Trail- Wooded Unsuitable Suitable Soil/ Areas Soil/Cy CY $75/1-F $15 /CY $15 /CY $26/1-F $12.50/CY $24 /CY $48.40/1-F $15 /CY $15 /CY $45.50/1-F $14 /CY $14 /CY $52.40/1-F $16 /CY $16 /CY $52/1-F $12.50/CY $15 /CY WHEREAS, funds totaling $1.5 million have been appropriated in capital projects for the first phase of the Castle Hayne Park Improvements; and WHEREAS, staff recommends that Norris Construction Grading & Paving, Inc., the lowest responsive, responsible bidder be awarded the contract based on the "Total Base Bid" amount of $1,484,143.50. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the award for Castle Hayne Park Improvement -RFB 15 -0185 is awarded to Norris Construction Grading & Paving, Inc., in the amount of $1,484,143.50 and the County Manager is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. ADOPTED this the 5th day of January, 2015 NEW 14ANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Interim Clerk to the Board Board of Commissioners - January 5, 2015 ITEM: 13- 1 - 1 Alt 1- Total Base Basketball Alt 2- Trail- Contractor Bid Court Open Areas S. T. Wooten Corporation $2,333,791.95 $30,925.50 $68/1-F Elite Construction $1,606,922.10 $13,000 $21/1-F EcoExpress Solutions $1,871,487.35 $17,402 $43.60/1-F Norris Construction $1,484,143.50 $19,500 $40.50 /1-F Triangle $1,772,529.15 $20,854 $46.67/1-F Grading Charles $1,674,561.00 $16,000 $50 /1-F Hughes Construction Alt 3- Trail- Wooded Unsuitable Suitable Soil/ Areas Soil/Cy CY $75/1-F $15 /CY $15 /CY $26/1-F $12.50/CY $24 /CY $48.40/1-F $15 /CY $15 /CY $45.50/1-F $14 /CY $14 /CY $52.40/1-F $16 /CY $16 /CY $52/1-F $12.50/CY $15 /CY WHEREAS, funds totaling $1.5 million have been appropriated in capital projects for the first phase of the Castle Hayne Park Improvements; and WHEREAS, staff recommends that Norris Construction Grading & Paving, Inc., the lowest responsive, responsible bidder be awarded the contract based on the "Total Base Bid" amount of $1,484,143.50. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the award for Castle Hayne Park Improvement -RFB 15 -0185 is awarded to Norris Construction Grading & Paving, Inc., in the amount of $1,484,143.50 and the County Manager is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. ADOPTED this the 5th day of January, 2015 NEW 14ANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Interim Clerk to the Board Board of Commissioners - January 5, 2015 ITEM: 13- 1 - 1 E :� , a § �T �■00 § §§ ALA ) ;o| LU & §2 LU 00 § o. s- � k 2 ) 2 _ la - .c c M § $ § \ o \ \ li \ \ \ 2J ) ° ! § ! � Ln $ L ± « J \ 0 \ LL . . M / / / \ \ f } LO - - \ / / \ \ 2 A a { ¥ \� / \ $ ' - b § § k * kD k A } VI- lul� \ m \ a Ln . . \ \ � k ! \ ® 07 E U M 2 ■ a ; 4 B �[� co §��� \y � § �Vkq - �k ■ \�k 7777 I 7 f 2§ - §$■ @U2f �2� �t k2J &.�• §0f- �\ 2 B } kJ3 «])I k2kƒ Board of Commissioners - January %2015 ITEM: ] &2 -] 14 LA - a FP � a � E k E 2 CL � % � k \ � � f % 2 w CD � / G § � . 4. M � / 0. Z! � U j � N JA � CL - � cli � m -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2015 REGULAR DEPARTMENT: Tax PRESENTER(S): Roger Kelley, Tax Administrator CONTACT(S): Lena Butler, Purchasing Supervisor SUBJECT: Consideration of Contract to Tyler Technologies for Reappraisal of County Real Property Parcels BRIEF SUMMARY: The County Tax Assessor is charged by law with the responsibility of ensuring that all real property be appraised or valued at fair market value as prescribed by NCGS 105 -283. To fulfill this mandate, a Request for Bids from qualified firms to conduct the reappraisal of all residential, agricultural, commercial, exempt, and industrial real property in the County for the tax lien date of January 1, 2017 was issued on October 17, 2014. The solicitation was sent to nine (9) firms registered with the NC Department of Revenue and was also posted on the County and State of NC Purchasing websites. Proposals were received on November 14, 2014 from three (3) firms in response to the County's solicitation with their cost as detailed below: Wampler -Eanes Appraisal Group $ 969,993 Tyler Technologies $1,092,000 Pearson's Appraisal Service $2,657,500 Pearson's Appraisal Service's proposal was $1 million more than the anticipated amount budgeted for the project and more than $1.5 million higher than the other two proposals. Due to their extremely high cost, they were not considered for award. Although Wampler -Eanes submitted the lowest cost proposal, it was not apparent that they could handle the workload and complete the project within the time frame requested. A thorough review of their proposal showed no cost for data entry work which was estimated at $163,800 to $250,000 by the other two firms. Of concern also was the fact that the largest county the Wampler -Eanes had performed services for had a total of 42,000 parcels compared to New Hanover County's 101,570 parcels. The Tax Administrator recommends Tyler Technologies to the Board for award of the contract. Although not the lowest cost proposal, their appraisal service has been around since 1938. In their proposal, they demonstrated their ability to handle counties with parcels comparable to New Hanover County. They have worked on projects in NC over the years including most recently Currituck, Gaston, and Alexander County. Tyler is familiar with the IAS World software used by the County and is capable of completing the work within the time frame requested. The Board heard a staff update specific to this ask at their agenda review meeting on December 18, 2014. STRATEGIC PLAN ALIGNMENT: Effective County Management • Deliver value for taxpayer money Board of Commissioners - January 5, 2015 ITEM: 14 RECOMMENDED MOTION AND REQUESTED ACTIONS: Award contract to Tyler Technologies in the amount of $1,092,000 for reappraisal of county real property parcels and adopt the ordinance for budget amendment 15 -040. ATTACHMENTS: Resolution Cost Sheet B/A 15 -040 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 5, 2015 ITEM: 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD OF CONTRACT FOR REAPPRAISAL OF COUNTY REAL PROPERTY WHEREAS, the County Tax Assessor is charged by law with the responsibility of ensuring that all real property be appraised or valued at fair market value as prescribed by NCGS 105 -283; and WHEREAS, to fulfill this mandate, a Request for Bids from qualified firms to conduct the reappraisal of all residential, agricultural, commercial, exempt, and industrial real properties in the County for the tax lien date of January 1, 2017 was issued on October 17, 2014; and WHEREAS, proposals were received on November 14, 2014 from three (3) firms in response to the County's solicitation with their cost as detailed below; and • Wampler -Eanes Appraisal Group $ 969,993 • Tyler Technologies $1,092,000 • Pearson's Appraisal Service $2,657,500 WHEREAS, although not the lowest cost proposal submitted, Tyler Technologies was recommended by the Tax Administrator for award of contract due to their years of experience, their demonstrated ability to handle counties having the number of parcels comparable to New Hanover, Tyler Technologies' familiarity with the IAS World software used by the County, and demonstrated ability to complete the scope of work within the time frame requested. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board Commissioners that the award of contract for Reappraisal of New Hanover County Real Property is awarded to Tyler Technologies in the amount of $1,092,000 and the County Manager is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. ADOPTED this the 5th day of January, 2015. NEW 14ANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Interim Clerk to the Board Board of Commissioners - January 5, 2015 ITEM: 14- 1 - 1 a r) 0 a 0 N N 0 O O OLr, O O zt m O 0 0 0 0 0 0 0 O O O O O O O O O O O O O 0 0 0 0 0 0 0 O O O O O O O O O O O O 0 0 0 0 0 0 0 0 1 O O O O O O O O O O O O O 0 0 0 0 0 0 0 O O O O O O O O O O O O W O Lr O O O O Lr O O O O O O O O O O O Ir W O O O N 00 c-I c-I 00 c-I O V1 N n M O O M n LL Ln -Zt Ln O O -- <o <D 00 Vl O N n <D m to Ln .-A N N N 00 N -1 Ln N lD N o w N w t6 •i U G w p Q O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o er o Ln 't oo �0 00 N o m oo rl oo io Ln o rl N � � a � r rn m r,�� o o o Li 06 — N m Lf1 — � o O ^ `~ L0 d a m 00 00 O m 00 a r) 0 a 0 N N 0 O O OLr, O O zt m O O O O O O O O O O O O O O O O O O O O O O O I I O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O W N O to zt <D O zt <D O N <D <D zt O W N o0 O Ol O Ol c-I `1 to W n. 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LL O O N 0 m Ln O N 00 Ln Ln O 00 O 00 O N E o o Q Q D ^ � 0 D 0 Ln 0 O O Z O 0 J O — � O H O O O Y H N E V N v Y . °- N N Ln V —= N Y f0 c� > W to •O O J E N v rrte-�!! o O O E o Q co w — c� aE E T Q f1 J N Q 0% J Q J f1 CT M 0 J v E a a v `F, a Z a a a Y o o v c Y Y 2 O U co O O to Q o Y o W �`�° rZ a� E° �_,Lj v ° a 0 •� L C O fY] 0 Q •E fY] �� v fY t0 C Q fY] H d O D Z Q d OLL m Q O LL D >> ii N N U= N H N LL N Board of Commissioners - January 5, 2015 ITEM: 14- 2 - 1 AGENDA: January 5, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2015 BUDGET BY BUDGET AMENDMENT 15 - 040 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 15 -040 be made to the annual budget ordinance for the fiscal year ending June 30, 2015. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Control costs and manage the budget Fund: General Department: Tax Expenditure: Decrease Increase Contracted Services $45,000 $595,694 Transfer to Reappraisal Reserve Fund $45,000 Total $45,000 $45,000 Fund: Revaluation Department: Tax Expenditure: Decrease Increase Contracted Services $595,694 Total $595,694 Revenue: Decrease Increase Transfers in General Fund $45,000 Appropriated Fund Balance $550,694 Total IF $595,694 Section 2: Explanation This budget amendment will appropriate fund balance to fund contracted services for the reappraisal of all residential, agricultural, commercial, exempt, and industrial real property in the County. $500,000 is currently budgeted for FY14 -15. This budget amendment does not appropriate additional General Fund dollars. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 15 -040, amending the annual budget ordinance for the fiscal year ending June 30, 2015, is adopted. Adopted, this 5th day of January, 2015_ (SEAL) Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Ehnore, Interim Clerk to the Board Board of Commissioners - January 5, 2015 ITEM: 14- 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2015 REGULAR DEPARTMENT: Planning PRESENTER(S): Ben Andrea, Current Planning & Zoning Supervisor (Planning Board Rep: Chairman Ted Shipley) CONTACT(S): Ben Andrea; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning /Inspections Director SUBJECT: Public Hearing Rezoning Request (Z -936, 12/14) — Request by Paramounte Engineering to Rezone 20.0 Acres from R- 15, Residential District, to R -10, Residential District BRIEF SUMMARY: This case is a request by Paramounte Engineering to rezone 20.0 acres from R -15, Residential District, to R- 10, Residential District. The subject property is located at the terminus of E. Lake Emerald Drive off of Gordon Road and it is classified as Urban according to the 2006 CAMA Land Use Plan. Existing zoning in the area of the subject property consists mostly of R -15, Residential District, to the west, north and south, and an area of R -10, Residential District, to the east. While the parcel adjacent to the property on the west is zoned R -15 for residential use, the parcel is owned by the County and will be an expansion to the existing Smith Creek Park. The request is for a general map amendment (rezoning) from R -15 to R -10 and not a conditional rezoning, so a specific development plan is not proposed in conjunction with the rezoning request. Public (CFPUA) water and sewer infrastructure are available to serve the site, and access to the site is via three public road stubs. At their December 4, 2014 meeting, the Planning Board voted 7 -0 to recommend approval of the rezoning. No one from the public spoke in support or in opposition to the proposed rezoning request. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval and suggests the following motion: Motion to approve, as the County Commissioners find that this request for a zoning map amendment of 20 acres from R -15, Residential District, to R -10, Residential District as described is: Consistent with the purposes and intent of the "Urban" land use classification in the 2006 CAMA Land Use Plan because the classification allows for intensive development and redevelopment of existing urban areas. The subject site is adjacent to a residential neighborhood and in an area of Board of Commissioners - January 5, 2015 ITEM: 15 focused urbanization of the county. The rezoning proposal supports Policy 5.7 of the CAMA Land Use Plan by preserving the character of the area's existing residential neighborhoods and quality of life. 2. Reasonable and in the public interest because the character of the area is urbanized and many similar and compatible uses exist adjacent to and nearby the subject site. ATTACHMENTS: Z -936 Script Z -936 Staff Summary Z -936 Petition Summary Z -936 Neighbor Properties Map Z -936 Zoning -Ortho Map Z -936 CAMA Map Z -936 Water -Sewer Map Z -936 Applicant Materials Cover Z -936 Application Materials COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 5, 2015 ITEM: 15 Item # Rezoning Request (Z -936, 12/14) Request by Paramounte Engineering to rezone 20.0 acres from R -15, Residential District, to R -10, Residential District. The subject property is located at the terminus of E. Lake Emerald Drive off of Gordon Road and classified as Urban according to the 2006 CAMA Lane Use Plan. The Planning Board voted unanimously (7 -0) to recommend approval of* this rezoning request at their December 4, 2014 meeting. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any supporters and any opponents of the rezoning will each be allowed 15 minutes total for their presentation and an additional 5 minutes for rebuttal. 2. Open the Public Hearing: a. Staff presentation b. Petitioner's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Petitioner's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Commissioner Discussion 5. If a rezoning is denied a new application may only be submitted within 12 months of the denial if there is a substantial change in the original petition for rezoning. Do you wish to proceed or do you wish to continue the matter? 6. Vote on rezoning. The motion to rezone should include a statement saying how the change is or is not consistent with the land use plan and why it is reasonable and in the public interest. Please refer to staff example motions which are part of your agenda packet. Board of Commissioners - January 5, 2015 ITEM: 15- 1 - 1 REZONING REQUEST CASE: Z-936,12/14 PEIITONE - Paramounte Engineering on behalf of Jay and Melissa Warshaw, owners REQUEST: Fezone from R-1 5 to R-1 0 ACREAGE 20 acres LOCA11ON: Terminus of E Lake Emerald Drive, off of Gordon Fbad RD: M3500- 006 - 362 -000 LAND CLASS Urban PLANNING BOARD ACTION: At their December 1, 2014 meeting, the Planning Board unanimously (7 -0) passed a motion to recommend approval of the request, finding that the request as described is: 1. Consistent with the purposes and intent of the "Urban" land use classification in the 2006 CAMA Land Use Plan because the "Urban" classification allows for intensive development and redevelopment of existing urban areas. The subject site is adjacent to a residential neighborhood and in an area of focused urbanization of the county. The rezoning proposal supports Policy 5.7 of the CAMA Land Use Plan by preserving the character of the area's existing residential neighborhoods and quality of life. 2. R-,asonable and in the public interest because the character of the area is urbanized and many similar and compatible uses exist adjacent to and nearby the subject site. EXI9l1 NG CON DI11 ONS Existing Zoning and Land Uses The 20 acre subject property is currently undeveloped and zoned R-15, Fasidential District. The site is located at the terminus of E Lake Emerald Drive, approximately 0.3 miles off of Gordon Fbad. Two additional public streets stub to the subject property from the east: Tupelo Drive and Big Gum Fbad. Existing zoning in the area of the subject property consists mostly of R-15, Fasidential District, to the west, north and south, and an area of R-10, FL-sidential District, to the east. While the parcel adjacent of the property to the west is zoned R-15 for residential use, the parcel is owned by the county and will be an expansion to the existing 3nith Creek Park. Community Sarvices Water and Sewer: The site iswithin the Urban Sarvices Boundary and the CFPUAservice area. Water and wastewater lines near the site could serve future development pending capacity authorization from CFPUA Fire Protection: - EEEWE<CC4J Board of Commissioners - January 5, 2015 ITEM: 15- 2 - 1 0°& EORE The property is served by New Hanover County Fire Sarvices and located in the New Hanover County North Fire District. Schools: The property is located within the school districts for M urrayville Bementary, Trask Middle, and Laney High. Conservation, Historic, and Archaeological Resources The subject property does not host any known conservation, historic, or archaeological resources. Environmental Constraints: The property does not lie within any special flood hazard areas or CAMA Areas of Environmental Concern. However, the subject area may contain wetlands and it is advised that a wetlands assessment be conducted prior to any future development. Traffic: A Traffic Impact Analysis (TIA) was performed for another nearby development proposal which provides current data on the functionality of Gordon Fead J7A FL-port, R'oposed Gordon Fbad Multi- family Development, Wetherill Engineering, April 2014). Based on the data prepared for the 11A, the nearby signalized intersection of Gordon Road and Harris Road is operating at a Level of Service (LOS) of "C" at both AM and FM peak hours. Additionally, the other signalized intersections on Gordon Fead are also functioning at LOS of "C ", except Market Street and Gordon Road, which functions at an LOS of "F ". Future development of the site would allow for an opportunity to connect Weaver Acres to the neighborhoods along Harris and White Feads by providing interconnectivity between East Lake Emerald Drive and Big Gum Fead and Tupelo Drive. ZONING HISTORY: Zoning was initially applied to this area via Area 8B on July 7, 1972, including the current zoning of R-1 5 of the subject property and surrounding area, as well as the R-10 zoning district to the east of the subject property. PETITIONER'S REQUEST: The petitioner is requesting a general map amendment (reaming) of the 20 acre tract from R-15, Residential District, to R-10, Residential District. Because this is not a conditional rezoning or conditional use rezoning, the future use of the parcel will be open to the uses allowed by right and by Special Use Permit in the R-10 zoning district. STAFF POSTION: Zoning Ordinance Considerations The Zoning Ordinance states that the R-10 Fesidential District is established as a district in which the principal use of land is for residential purposeswith accessto either public water or public sewer. Public water and sewer infrastructure are nearby to serve future development of the site, pending capacity availability from CFPUA. Board of Commissioners - January 5, 2015 ITEM: 15- 2 - 2 0°& EORE The rezoning request would extend the boundary of the existing R-10 district, yet remain in harmony with the existing land uses and provide consistent transition to the surrounding environment. The rezoning will be consistent with the character of the existing neighborhood and also allow for pedestrian accessto the existing Snith Creek Park. Land Use Ran Considerations The subject area is classified as Urban by the 2006 Wilmington -New Hanover County .hint COMA Land Use Ran. The purpose of the Urban class is to provide for continued intensive development and redevelopment of existing urban areas. The 2006 CAMA Ran states that mixed use, duster, and higher density development maybe appropriate within Urban areas. REM B/V AND ACTION: This request has been processed and reviewed per Ibdion 110 — Amending the Ordinance. A community information meeting is not required for a general map amendment request and was not conducted prior to submitting the petition. Noticesof the petition request have been disseminated per the requirements of the Zoning Ordinance. Staff recommends the approval of the proposal as requested. Elaff concludes that the request is consistent with the requirements of the Zoning Ordinance and also the 2006 Wilmington -New Hanover County CAMA Land Use Ran. Elaff feels that the request would be in harmony with the existing adjacent R-10 zoning district that was established in 1972, and would not diminish the character or quality of life of the community, supporting Fblicy 5.7 of the LAMA Land Use Ran: Preserve the character of the area's existing residential neighborhoods and quality of life. Staff feels that providing for increased residential density allowance in areas most suitable for development supports Fblicy 4.1 of the COMA Land Use Ran: De§gnate sufficient land area and suitable locations for the various land use types Fi nally, the subject site is dassified Urban, which allows for intensive development and redevelopment of existing urban areas. Increasing the density allowed on the site would support and be in harmony with the management strategies for the Urban land use classification. Board of Commissioners - January 5, 2015 ITEM: 15- 2 - 3 0°& EORE Action Needed • Motion to approve the petitioner's proposal • Motion to "table" the item in order to receive more information • Motion to deny the petitioner's request based on specific reasons Example Motion for Approval: Motion to approve the request, as the Board of Commissioners finds that this request for a zoning map amendment of 20 acres from R-1 5, Fbsidential District, to R-10, Fbsidential District as described is: 1. Consistent with the purposes and intent of the "Urban" land use classification in the 2006 CAMA Land Use Ran because [Describe elements of controlling land use plans and how the amendment is consistent). 2. R-,asonable and in the public interest because [Briefly explain why. Factors may indude public health and safety. character of the area and relationship of uses, applicable plans, or balandng benefits and detriments 1. Example Motion for Denial: Motion to deny the request, as the Board of Commissioners finds that this request for a zoning map amendment of 20 acresfrom R-15, Residential District, to R-10, Residential District asdescribed is: 1. Not Consistent with the purposes and intent of the "Urban" land use classification in the 2006 LAMA Land Use Ran because (Describe elements of controlling land use plans and how the amendment is not consistent). 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may indude public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments 1. Staff Suggested Motion: Motion to approve the request, asthe Board of Commissioners findsthat this request for a zoning map amendment of 20 acres from R 15, Residential District, to R 10, Residential District as described is: 1. Consistent with the purposes and intent of the "Urban" land use classification in the 2006 CAMA Land Use Ran because the classification allows for intensive development and redevelopment of existing urban areas. The subject site isadjacent to a residential neighborhood and in an area of focused urbanization of the county. The rezoning proposal supports Fblicy 5.7 of the LAMA Land Use Plan by preserving the character of the area's existing residential neighborhoods and quality of life. 2. Reasonable and in the public interest because the character of the area is urbanized and many similar and compatible uses exist adjacent to and nearby the subject site. Board of Commissioners - January 5, 2015 ITEM: 15- 2 - 4 0°& EORE / Aa cjNL j ij9 Ej,}w Rezone from R-15, Residential District, to R-10, Residential District t O 6■ (i M§Aff 5Aa Parcel Location & Acreage: Terminus of E Lake Emerald Dr. off Gordon Fb, 20 acres Petitioner /Owner: Paramounte Engineering, petitioner, on behalf of Jay and Melissa Warshaw, property owners Existing Land Use: Undeveloped Zoning History: Initial zoning applied viaArea 813(11y 7, 1972). Land Classification: Urban Water Type: Public mower Type: Public Recreation Area: Snith Creek Park Access & Traffic Volume: Access provided to site via t hree public roads: E Lake Emerald Drive, Tupelo Drive, and Big Gum Fead. Signal at Gordon Road and Harris Road operating at LOS "C' at AM and PM peak hours (71A FL-port, R'oposed Gordon Fbad Multi - family Development, Wetherill Engineering, April 2014) Fire District: New Hanover County North Watershed & Water Quality Classification: Snith Creek (C,Siv) Conservation/ Historic/ Archaeological Fesources: Adjacent to Snith Creek Park Expansion Area SDils and Septic Slaitability: Baymeade Fine Sand (Be) - Moderate: Wetness Kureb Sand (Kr) - Slight Lyn Haven Fine Sand (Ly) - Severe: Wetness M urville Fine Sand (M u) - Severe: Wetness/ Rooding Rmini Sand (Fan) - Slight Seagate Fine Sand (Se) - Severe: Wetness S�hools: Murrayville Bementary, Trask Middle, Laney High ■ ■■kl�vl■.■■ Board of Commissioners - January 5, 2015 ITEM: 15- 3 - 1 O.S. -q- r �& «Ja© }\ w + ­ 51 } § N ( ~ °� 40— �6 ƒ f �ƒ # ° � " AOD -0 / Z M $ .E ° § / § ° of E ` �ƒ U .. E m = § $§ _ , CC � n & - - * / � ; ce) )IN A§ ©� =k !22 G )/§ )LE? `k0 § n ] & §2 2 04 © 076, a. 04 j_L 0 �} ). ! 0 _,« Commissioners January Km; ITEM 15-4-1 ID Physical Address ID Physical Address 0 226 Lake Emerald Dr E 50 4836 ACRES DR 1 517 SHB'PAF;D RD 51 4835 ACRES DR 2 410 GOVERNORS FD 52 403 SHB'PARDFD 3 4826 ACRES DR 53 406 SHB'PARDRD 4 4910 TUPELO DR 54 4901 A=DR 5 1410 SHB'PARD RD 55 4902 A= DR 6 501 SHB'PARD RD 56 4904 TUPELO DR 7 4902 BIG GUM RD 57 418 SHB'PARD FD 8 510 SHB'PARD RD 58 4906 BIG GUM RD 9 202 AVANT DR 59 411 GOVEFNORS RD 10 206 AVANT DR 60 513 GOVERNORS FD 11 4909 TUPELO DR 61 1633 SHENANDOAH Sr 12 1525 GOVERNORS RD 62 4827 OkNETUCKRD 13 509 GOVEF;NORSRD 63 N/A 14 419 SHB'PARD RD 64 218 AVANT DR 15 505 GOVB;NORS RD 65 415 SHB'PARD FD 16 4844 TUPELO DR 66 4900 ACRES DR 17 4844 BIG GUM RD 67 4820 A= DR 18 4903 BIG GUM RD 68 14812 ACRES DR 19 14845 SHEPPARDRD 69 4801 ACRBDR 20 4845 BIG GUM RD 70 4806 A= DR 21 4900 BIG GUM RD 71 4800 A= DR 22 4905 BIG GUM RD 72 4811 ACRES DR 23 518 SHB'PAF;DRD 73 4829 ACFESDR 24 418 GOVERNORS RD 74 4909 A= DR 25 4902 TUPELO DR 75 1506 GOVB:NORSRD 26 14832 ACRES DR 76 525 SHEPPARDFD 27 422 GOVERNORS RD 77 514 GOVERNORS RD 28 501 GOVB:NORSRD 78 4839 ACRES DR 29 521 GOVEFNORS RD 79 411 SHB'PARD FD 30 510 GOVBEVORSFD 80 4905 TUPELO DR 31 4907 BIG GUM RD 81 522 SHEPPARD RD 32 4908 BIG GUM F;D 82 1206 LAKE EM BRALD DR E 33 1502 SHEPPARDRD 83 517 GOVERNORS RD 34 218 LAVE EM BRALD DR E 84 4844 A= DR 35 215 AVANT DR 85 4901 BIG GUM RD 36 521 SHEPPARD RD 86 414 SHEPPARD F;D 37 506 SHEPPARD RD 87 222 AVANT DR 38 513 SHB'PAF;D RD 88 4908 TUPELO DR 39 407 GOVBEVORSFD 89 14906 TUPELO DR 40 1514 SHEPPARD RD 90 4901 TUPELO DR 41 4904 BIG GUM RD 91 212 LAKE EM BRALD DR E 42 509 SHE'PAF;D FD 92 423 GOVERNORS RD 43 407 9-1E'PARD RD 93 4909 BIG GUM RD 44 219 AVANT DR 94 4905 ACRESDR 45 4809 SHAW DR 95 419 GOVERNORS RD 46 505 SHEPPARD RD 96 1502 GOVERNORS RD 47 4840 ACRES DR 1 97 1414 GOVERNORS RD 48 4906109/ 3 Aa;EB DR 1 98 1415 GOVERNORS FD 49 1214 AVANT DR Board of Commissioners - January 5, 2015 ITEM: 15- 4 - 2 Board of Commissioners -January 5, 2015 ITEM: 15-5-1 Board of Commissioners -January 5, 2015 ITEM: 15-6-1 Board of Commissioners -January 5, 2015 ITEM: 15-7-1 APPLICANT MATERIALS Board of Commissioners - January 5, 2015 ITEM: 15- 8 - 1 S° W s" NEW HANOVER COUNTY PLANNING & INSPECTIONS r Application for ZONING MAP AMENDMENT Print Farm 230 Government Center Drive Suite 1 10 Wilmington, NC 28403 910- 798 -7165 phone 910 - 798 -7053 fax w ww.nhcgoti .com Petitioner Information Property Owner(s) Subject Property If different than Petitioner f Owner Name W Address 609Wbxnt ComDany Owner Name 2 N Parcel ID(s) rAddress Address Areea% City, State, Zip City, State, Zip W. Existing Zonin nd Use 1�/� - Ph 41fD. Phone ` V Email nr�r - com Email Land Classification /!l�?/l/{/YN . n . 66W1 Application Case Number Date /Time received: Received by: Ito, E) 16 kt �Ak__A at 5-r> QW _971114 APPLICATION OVERVIEW In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments: • Section 110: Amending the Ordinance • Section 111: Petitions • Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County PIanning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the pen-nit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. i Pay, l oi'3 Board of Commissioners - January 5, 2015 ITEM: 15- 9 - 1 V APPLICATION REQUIREMENTS In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. In order to allow time to process, fees and review for completeness, applications will not be accepted after 5:00 PM on the deadline day. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Staff Initial Ynitial Copy of the New Hanover County Tax Map, which delineates the property _ requested far rezonin . Legal description (by metes and bounds ) of ro erty requested for rezoning. 1,75A Copy of the subdivision map or recorded plat which delineates the 2.1operty. -elk Any special requirements of the Ordinance (for example, Section 54.2 for Planned Development District, Section 54.1 for Exceptional Design Zoning District, or I rq.A Section 54.3 for Riverfront Mixed Use District A report of the required public information meeting outlined in Section 111 -2.1 (if applicable) Authority for A ointment of Agent Form (if applicabile Fee - For petitions involving 5 acres or less, $500. For petitions involving greater 1 than 5 acres, $600 CRITERIA REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the zoning district which is being requested for the subject property. Rezoning requests must be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance, and the applicant has the burden of proving that the request is not consistent with the county's adopted land use plan, zoning ordinance, reasonable, and in the public's interest. The applicant should explain, with reference to attached plans (where applicable), how the proposed zoning district satisfies these requirements. The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. You must explain in the space below how your request satisfies each of the following requirements (attach additional sheets if necessary): 1. How would the requested change be consistent with the County's Policies for Growth and Development? l / v tr 1° /.? / c4c. -1 JvK& ��� /,%_ / / pw 1 t &.*- 1 f�[/. G� ; r f r/� yam' sj r-�r j &,�' * % I11JJ C �--� ���'V ����'l 7 V� 11� V C� 1�TJ+� � +►��i1 /�� � V I"`rr ►!� r v �C.� T IF[/ 1 P;i5 41V 0V dP 4tT466W P pPVP6S;F0 PL4& W OF.'Vetameur rr Pa2c 2 of 3 missioners - January 5, 2015 ITEM: 15- 9 - 2_t 2. How would the requested zone change be consistent with the property's classification on the Land Classification Man? _ i1/ V 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning ?_ — - j rnr / 1 PM / i 1. How will this chanize of zouiwzy serve the public interest'? If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. By my signature below, I understand and accept all of the conditions, limitations and obligations of the zoning district for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. ice/ iI V i� a&)V Signature of Petitioner and /or Property Owner Print Name Pa.�c3 013 Board of Commissioners - January 5, 2015 04/14 ITEM: 15- 9 - 3 NEW HANOVER COUNTY PLANNING & INSPECTIONS A U THORI T Y FOR .`";1 PPOLV TjVE -.,1 T OF ,4 GE- NT Print Forrn �?[o C,icATrr incrn Center Drive , LUiW 110 Wilrrringlon. N(- 284U3 910 -798 -+ 165 pho;,c i X 11i1tc, Coll) Please note that for quasi-judicial procevdings, either the land owner or an attorney must be present for the rase at the ,public laenring. The undersigned owner does hwreby appoint an authorized the aSent described herein as their exclusive agent for 111C purpose: ol` petitioning New Hanovii r County for a variance, special use Permit, rezoning request, and or an appeal of Staff decisions applicable to the propeny described in the attached Petition. The Agent is hereby authorized to. on behalf of the property o"Iner., 1. SUbmit a proper petition and the required supplenlelital itlfbnnation and materials ?. Appeal at public rneetings to give representation and commitments on behalf of the property loNv ter �. Act on the property owner's behalf - without thnitations with regard to any and all things directly or indirectly connected with or arising rsul cif any petition applicable to the New Hanover C:ounly Zoning Ordinance. This document was willfully executers on the 30 day of October , n014 a Sl attars Carr er 2 SiQnalUn IFF•.•7 Board of Commissioners - January 5, 2015 ITEM: 15- 9 - 4 (U Cn U Z t tp, 7 LU cr g F Q q.Z- cr e t� t. C 17N st�rrr�r UN lvt7.1,�� {Sy n -V,2 [] ?.ty�J 3}lyx7 V`Ab 'f b Board of Commissioners - January 5, 2015 ITEM: 15- 9 - 5 E V, C5 N G 0 0 N r G a LO O 0 0 0 Q [V r E 7 O Z 4 Q i? A .i' 17N st�rrr�r UN lvt7.1,�� {Sy n -V,2 [] ?.ty�J 3}lyx7 V`Ab 'f b Board of Commissioners - January 5, 2015 ITEM: 15- 9 - 5 E V, C5 N G 0 0 N r G a LO O 0 0 0 Q [V r E 7 O Z E; g' a 4 ti Q U or \ "FR� "T�y•°�10 i�_ .r'�`�� 4 1—' 4 7 i 1 5 5 l 1 4 tia `e 1i i g$ foll 1 }y} i ei pia z7 gig }i ,j� Y z� h K' �a al' jkh i N ��Y 4" g A It t Y � 'yI hAq✓ a�°'%��q ifJ ��f ITEM: 15- 9 - 6 4 cg F �z T a Y R Maas* As A SeRq ;fS f d`x �F �• 6p�r�R °15 [[�b5 et �- , �p Y ti Y z� h K' �a al' jkh i N ��Y 4" g A It t Y � 'yI hAq✓ a�°'%��q ifJ ��f ITEM: 15- 9 - 6 4 cg F �z T a Y R Maas* As A SeRq ;fS f d`x �F �• 6p�r�R °15 [[�b5 j Igyc.��ia?'ac'a� P�.�F''.��F 655 CA R o ssr f A RAMOU N 1 v� �_a5'• 1y4 o G f=- R y 3 � N 0 N E , N r-- N C. November 3, 2014 gupk C� Map Book 56, Page 25 Wilmington New Hanover County, NC All that tract or parcel of land located in Harnett Township, New Hanover County, State of North Carolina and being all of Tract 2 as shown on the map entitled "Recombination & Division of Property at Coastal Carolina Development for Swain & Associates" dated May 14, 2011 and recorded in the New Hanover County Register of Deeds Office in Map Book 56 at Page 25; said parcel being more particularly described as follows: Beginning at a point located at the northeasterly corner of said Tract 2, which is also the northwesterly corner of Lot 187 as shown on the map entitled "Division of Tract "A ", Section 5, Parkwood Estates as recorded in Map Book 34 at Page 263; Thence South 10 °55'21" West along the easterly line of said Tract 2 a distance of 600.07 feet to an angle point in the easterly line of Tract 2; Thence South 30 °46'49" West continuing along the easterly line of Tract 2 a distance of 289.55 feet to an angle point in the easterly line of Tract 2; Thence South 11'59'02" West continuing along the easterly line of Tract 2 a distance of 490.28 feet to the southeasterly corner of Tract 2; Thence North 78 °01'19" West along the southerly line of said Tract 2 a distance of 317.44 feet to an angle point in the southerly line of Tract 2; Thence South 73 °27'37" West continuing along the southerly line of Tract 2 a distance of 153.51 feet to an angle point in the southerly line of Tract 2; Thence South 11 °58'42" West continuing along the southerly line of Tract 2 a distance of 90.54 feet to an angle point in the southerly line of Tract 2; Thence North 76 °38'35" West continuing along the southerly line of Tract 2 a distance of 167.33 feet to the southwesterly corner of said Tract 2; Thence Northerly along a curve to the left having a radius of 1050.0 feet a distance of 260.95 feet to an angle point in said Tract 2; said angle point being located North 05 °50'03" West a distance of 260.28 feet from the southwesterly corner of Tract 2; Thence North 28 °07'53" East continuing along the westerly line of Tract 2 a distance of 692.68 feet to an angle point in the westerly line of Tract 2; Thence North 10 °55'21" East continuing along the westerly line of Tract 2 a distance of 599.89 feet to the northwest corner of Tract 2; Thence 79 °05'40" East along the northerly line of Tract 2 a distance of 600.00 feet to the Point of Beginning; containing 871,178 + /- square feet or 20.00 acres, more or less. 5911 OLEANDER DRIVE, SUITE 201 2533 RAEFORD ROAD, UNIT -A WILMINGTON, NC 28403 FAYETTEVILLE, NC 28305 PH: (914) 791 -6707 PH: (910) 263 -8092 FAX: (910) 791 -.6760 Board of Commissioners - Ja'nuary 5, 2015 FAX (910) 223 -1303 ITEM: 15- 9 - 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 5, 2015 REGULAR DEPARTMENT: Planning PRESENTER(S): Ben Andrea, Current Planning & Zoning Supervisor (Planning Board Rep: Chairman Ted Shipley) CONTACT(S): Ben Andrea; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning /Inspections Director SUBJECT: Public Hearing Rezoning Request (Z -937, 12/14) — Request by Darden Road, LLC to Rezone 8.61 Acres from R -20, Residential District, to (CZD) R -15, Conditional Residential Zoning District, for a 21 -Lot Residential Subdivision at 7320 Darden Road BRIEF SUMMARY: This case is a request by Darden Road, LLC to rezone 8.61 acres from R -20, Residential District, to (CZD) R -15, Conditional Residential Zoning District. The request is for a conditional rezoning with the accompanying site plan for a 21 -lot single family detached residential development. Access would be provided from Darden Road via a new driveway, and a stub has been provided for connectivity to adjacent future development. Public (CFPUA) water and sewer are available to serve the development, and traffic implications from the proposal are minimal. The subject property is classified as Watershed Resource Protection according to the 2006 CAMA Land Use Plan. At their December 4, 2014 meeting, the Planning Board voted 7 -0 to recommend approval of the rezoning with one condition: • Impervious surface coverage shall be limited to thirty percent of the total site area, excluding areas within the NC DOT right -of -way for Darden Road. No one from the public spoke in support or in opposition to the request at the Planning Board meeting. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval of the request with one condition, and suggests the following motion: Motion to approve, as the Board of Commissioners finds that this request for a zoning map amendment of 8.61 acres from R -20, Residential District, to CZD R -15, Conditional Residential Zoning District as Board of Commissioners - January 5, 2015 ITEM: 16 described is: 1. Consistent with the purposes and intent of the "Watershed Resource Protection" land use classification in the 2006 CAMA Land Use Plan because the classification allows for residential developments that minimize impervious surface areas and provide for stormwater impact mitigation per Policy 3.12. 2. Reasonable and in the public interest to provide for increased density in areas best suited for development while not impeding the quality of life of the existing residential community. Condition: • Impervious surface coverage shall be limited to thirty percent of the total site area, excluding areas within the NC DOT right -of -way for Darden Road. Integrated LID practices such as rain barrels, bioretention areas, and pervious pavement are encouraged. ATTACHMENTS: Z -937 Script Z -937 Staff Summary Z -937 Petition Summary Z -937 Neighbor Properties Map Z -937 Zoning -Ortho Map Z -937 CAMA Map Z -937 Water -Sewer Map Z -937 Applicant Materials Cover Z -937 Application Materials Z -937 Proposed Site Plan Cover Z -937 Site Plan Z -937 Community Meeting Report Cover Z -937 Community Meeting Report COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 5, 2015 ITEM: 16 Item # Rezoning Request (Z -937, 12/14) Request by Darden Road, LLC to rezone 8.61 acres from R -20, Residential District, to (CZD) R -15, conditional Residential Zoning District, for a 21 lot residential subdivision at 7320 Darden Road. The subject property is classified as Watershed Resource Protection according to the 2006 CAMA Land Use Plan. The Planning Board voted unanimously (7 -0) to recommend approval of* this rezoning request at their December 4, 2014 meeting. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any supporters and any opponents of the rezoning will each be allowed 15 minutes total for their presentation and an additional 5 minutes for rebuttal. 2. Open the Public Hearing: a. Staff presentation b. Petitioner's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Petitioner's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Commissioner Discussion 5. If a rezoning is denied a new application may only be submitted within 12 months of the denial if there is a substantial change in the original petition for rezoning. Do you wish to proceed or do you wish to continue the matter? 6. Vote on rezoning. The motion to rezone should include a statement saying how the change is or is not consistent with the land use plan and why it is reasonable and in the public interest. Please refer to staff example motions which are part of your agenda packet. Board of Commissioners - January 5, 2015 ITEM: 16- 1 - 1 CONDI T ONALZAN I NG DISTRICT REZONING REQUEST CASE Z-937,12/14 PEnTONER- Darden Fbad, LLC, on behalf of the Estate of George clay, property owner RIEQUEST: Fbzone from R20, Pesidential District, to (CZD) R-1 5, Conditional Residential Zoning District ACREAGE 8.61 acres LOCA11ON: 7320 Darden Fbad, off of Middle SDund Loop Fbad RD: M4400- 003 - 010 -000 LAND CLASS Watershed Fbsource Protection PLANNING BOARD ACTION: At their December 1, 2014 meeting, the Planning Board unanimously (7 -0) passed a motion to recommend approval of the request, finding that the request is: 1. Consistent with the purposes and intent of the "Watershed Resource Protection" land use classification in the 2006 LAMA Land Use Plan because the classification allows for residential developments that minimize impervious surface areas and provide for stormwater impact mitigation per Policy 3.12. 2. Fbasonable and in the public interest to provide for increased density in areas best suited for development while not impeding the quality of life of the existing residential community. One condition was recommended as part of the approval: 1. Impervious surface coverage shall be limited to thirty percent of the total site area, excluding areaswithin the NCDOTright -of -way for Darden Fbad. E (ISTI NG CON DI T ONS Exist ingZoningand Land Uses The subject property includes approximately 8.6 acres located on Darden Fbad, which connects Wendover Lane to the roundabout at Middle SDund Loop Fbad. When zoning was initially applied to this area in 1970, the subject property and the surrounding area were zoned R-15. In 1988, a rezoning petition (Z -351) was approved to rezone several Middle Sound neighborhoods and properties from R-15 to R20 in the central portion of the Middle Sound community, excluding developments that were existing at the time such as Sandybrook, Treasure Cove, Queens Point, Brandywine, North Bend, Chen Arbor, and North Hills. The 1988 petition was initiated and requested by a Middle Sound community group called "Middle Sound Lookout ", and was requested in response to the May 4, 1987 Board of Commissioners adoption of a small area plan for the community, "Middle Sound /Ogden ... Future Directions ". The basis for the rezoning request was one of four potential zoning options for the community, which suggested rezoning all undeveloped land to R20. The proposed zoning options in the small area plan were suggested in response to concerns about the rate of growth of the Middle Sound /Ogden community, loss of rural atmosphere, and the ability of the road network at Board of Commissioners - January 5, 2015 ITEM: 16- 2 - 1 00& —q— the time to accommodate the number of units possible with the R-15 zoning. It should be noted that the conditions of the Middle Sound community have changed significantly since the 1980s, including conversion of undeveloped lands to developed, transition from rural to suburban atmosphere, and a significant increase in the road network and interconnectivity supporting the community. Current zoning in the area is largely R20 and R-15, and the subject property is situated in an areawhere the zoning transitions. Land uses in the Middle Sound Loop area are almost strictly residential, whereas the Market Elreet corridor provides an area of commercial and other non - residential uses with a B-2 zoningdistrict. Existing Ste Conditions The site is currently undeveloped and heavily vegetated. Darden Fbad bisects the western portion of the subject property, with a triangular 0.5 acre portion of the site on the western side of Darden Fbad, and the remainder on the east side of Darden Fbad. Community Sarvices Water and Sawer: The property iswithin the Urban Sarvices boundary and iswithin the CFPUAservice area. Fire Protection: The property is served by New Hanover County Fire Sarvices and located in the New Hanover County North Fire District. S�hools: The property is located within the school districts for Ogden Bementary, Noble Middle, and Laney High schools, all of which are currently over capacity. Eludents from new residential units in the Ogden Bementary School district are attending Castle Hayne Bementary S�hool in the interim until the new Porters Neck area elementary school is constructed and is able to alleviate some of the population from Ogden Bementary. Conservation, Historic, and Archaeological Resources The subject property does not host any known conservation, historic, or archaeological resources. PETITIONER'S REQUEST: The petitioner is seeking to rezone the property from R20, Fesidential District, to (CZD) R15, Conditional Fesidential Zoning District with the accompanying preliminary plan for a 21 -lot single- family detached performance residential development. The requested R-15 zoning would increase the density by an additional 5 lots over the current R20 zoning. The petitioner presented the proposal to the County's Technical Review Committee prior to application and has received initial comments and feedback from committee members. STAFF P09110N: Zoning and Subdivision Ordinance Considerations The draft preliminary plan was presented to the County's Technical Review Committee for initial comments and feedback. Some modifications were made as a result of the comments received by the Board of Commissioners - January 5, 2015 ITEM: 16- 2 - 2 00& —q— petitioner. As proposed, the plan complies with the applicable zoning and subdivision ordinance regulations. A more detailed review for compliance will occur when a formal application for preliminary plan review is submitted to the TRCafter a successful rezoning. Traffic With the proposed number of lots (21), a Traffic Impact Analysis is not required for the proposal as the development would not create peak hour trip generation near the 100 trip threshold. Accessto the site would be via a new driveway connecting to Darden Fbad, which will require a driveway permit from NC DOT. A stub to the property to the northeast has been provided for future development. Weekday peak AM hour trips realized from the 21 residential lots will be 16 trips, and weekday peak PM hour trips will be 21. Saturday peak hour trips for the 21 lots is projected to be 20 trips. Environmental The project will be subject to several environmental regulations and permits. Elormwater management will be reviewed by New Hanover County Engineering, along with sediment and erosion control. Topography data shows a small depression in the area proposed for lots 15 and 16; field verification of the site for wetlands will be necessary. Additionally, a tree survey will also need to be conducted. No flood hazard areas or C4MAAreasof Environmental Concern exist on the site. Landscaping and Buffering A20' wide perimeter buffer has been provided to meet the requirementsof the Zoning Ordinance. Land Use Ran Considerations The site and surrounding area are classified as Watershed Pewurce Protection according to the 2006 LAMA Ran. Watershed Fesource Protection is a subclass of the Fesource Protection classification, and is geographically defined as within '/2 mile of the 100 -year flood plain for the tidal creeks within the county. The proposed change of zoning from R-20 to (CZD) R-15 would maintain consistency with the Watershed Fasource Protection classification, which focuses on minimizing nonpoint source pollution as result of stormwater runoff over impervious surfaces. Etormwater management will be required as part of the development, which supports the management intent of the Watershed Fesource Protection class. Additionally, the net density increase that would be realized by the rezoning would not significantly increase impervious areas that would be permitted by- right, and regardless of impervious surface coverage, site development must include stormwater management meeting county and state regulations. Finally, substantial areas of R-15 zoning occur within areas classified as Watershed Resource Protection in the Middle Sound area. In summary, the proposal is consistent with the management strategies for the Watershed Resource Protection land use classification and does not conflict with any goal or policy within the Land Use Ran. REVI BIV AND ACTION: This request is being facilitated by 1ction 55.3 — Conditional Zoning District of the County's Zoning Ordinance, and has been processed and reviewed per 11dion 110 — Amending the Ordinance. A community meeting was held on Thursday, October 6, 2014 in accordance with the requirements for such a request. Beven members of the public attended the meeting, and minor changesto the proposal were made asa result of the community meeting. Board of Commissioners - January 5, 2015 ITEM: 16- 2 - 3 00& —q— Staff recommends the approval of the proposal with one condition. Staff concludes that the request is consistent with the requirements of the Zoning Ordinance and also the 2006 Wilmington -New Hanover County LAMA Land Use Ran. Providing for increased residential density in appropriate developable areas supports Policy 4.1 of the LAMA Land Use Ran: Designate sufficient land area and suitable locations for the various land use types Staff feels that the zoning change would not interrupt or quell the character of community, supporting Policy 5.7 of the CAM Land Use Ran: Reserve the character of the area's existing residential neighborhoods and quality of life. Staff recommended to the Ranning Board a condition of 25% impervious surface coverage maximum, as the design proposes conventional stormwater management versus integrated low impact development techniques. The condition that was proposed would ensure consistency with Policy 3.12 of the LAMA Land Use Ran: Carefully control development and redevelopment activities within the Watershed FL-source Protection and Conservation areas identified on the Land Oassification Map to prevent the degradation of water quality in creeks and sounds, to protect the public health, and to ensure the protection of these vital natural resources by reducing nutrient, pesticide, sediment, and other pollutants a. Impervious surface coverage shall be limited to twenty -five (25514 in the Watershed FL-source Rotection and Conservation areas b. Projects that conform to adopted exceptional design standards for enhanced stormwater controls may exceed 25% in the Watershed Fbsource Protection areas c. Natural vegetative buffers shall be established to effectively filter runoff before it enters surface waters After impervious surface coverage estimates were calculated by the applicant's engineer, it was realized that the recommended 25% limitation would be too restrictive to accommodate the impervious surface required of the development, including street pavement, homes, driveways, and sidewalks. Understanding that the project's stormwater management must adhere to county and state regulations which provide protection to the receiving waters, a 30% limit was agreed to by the applicant after discussion between the Planning Board, Elaff, and the applicant at the Planning Board meeting, and therefore the Planning Board recommended a 30% limit to impervious surface coverage as part of their motion. ■■■ ■■SUN, Board of Commissioners - January 5, 2015 ITEM: 16- 2 - 4 00S. -q- Arfinn NPPrIPrI • Motion to approve of the petitioner's proposal (with or without conditions) • Motion to "table" the item in order to receive more information • Motion to deny of the petitioner's request based on specific reasons Example Motion for Approval: Motion to approve, as the Board of CDmmissionersfindsthat this request for azoning map amendment of 8.61 acres from R20, Fbsidential District, to CZD R15, Conditional Fesidential Zoning District as described is. 1. Consistent with the purposes and intent of the "Watershed Fesource Protection" land use classification in the 2006 LAMA Land Use Ran because [Describe elements of controlling land use plans and how the amendment is consistent). 2. R-,asonable and in the public interest because (Briefly explain why. Factors may indude public health and safety. character of the area and relationship of uses, applicable plans, or balandng benefits and detriments. 1. Example Motion for Denial: Motion to deny, asthe Board of Commissioners fi nds t hat this request for azoning map amendment of 8.61 acres from R20, Fesidential District, to CZD R15, Conditional Fesidential Zoning District as described is 1. Not Consistent with the purposes and intent of the "Watershed Resource Protection" land use classification in the 2006 CAMA Land Use Ran because [Describe elements of controlling land use plans and how the amendment is not consistent). 2. Not reasonable or in the public interest because (Briefly explain why not. Factors may indude public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments 1. Staff Suggested Motion: Motion to approve, asthe Board of CDmmissionersfindsthat this request for azoning map amendment of 8.61 acres from R20, Residential District, to CZD R15, Conditional Residential Zoning District as described is. 1. Consistent with the purposes and intent of the "Watershed Resource Protection" land use classification in the 2006 LAMA Land Use Ran because the classification allows for residential developments that minimize impervious surface areas and provide for stormwater impact mitigation per Policy 3.12. 2. Reasonable and in the public interest to provide for increased density in areas best suited for development while not impeding the quality of life of the existing residential community. Condition: 1. Impervious surface coverage shall be limited to thirty percent of the total site area, excluding areas within the NC DOT right -of -way for Darden Fead. Integrated LID practices such as rain barrels, bioretention areas, and pervious pavement are encouraged. ■ ■■k1-,:III SEE Board of Commissioners - January 5, 2015 ITEM: 16- 2 - 5 00& -q- / Aa CJN 9: T Jj IJ,}w Rezone from R20, Fesidential District, to (CZD) R-15, Conditional R-,sidential Zoning District tO 6■ {j M§Aff 5Aa Parcel Location & Acreage: 7620 Darden Fbad, 8.61 acres Petitioner /Owner: Darden Fbad, LLC, petitioner, on behalf of the Estate of George Clay Existing Land Use: Undeveloped Zoning History: Initially zoned R 15 via Area 3 (May 18, 1970) Rezoned to R-20 via large area rezoning of M iddlesound (July 5, 1988) Land Classification: Watershed R-,souroe Protection Water Type: Public mower Type: Public Recreation Area: Ogden Park Aocess & Traffic Volume: Aocess provided to site via Darden Fbad (public) Traffic Volume information not available. Fire District: New Hanover County North Watershed & Water Qualit Classification: Pages Creek (S'\; HOW) Conservation/ Historic/ Archaeological Fesouroes: None SDils and Septic Sjitability: Leon Sand (Le) - Severe: Wetness M urville Fine Sand (M u) - Savere: Wetness/ Rooding Saagate Fine Sand (Se) - Savere: Wetness S�hools: Ogden (Castle Hayne) Bementary, Noble Middle, Laney High ■ ■■kl�vl■.■■ Board of Commissioners - January 5, 2015 ITEM: 16- 3 - 1 0 -& —q— BEpFORo O � F v ❑ W �C > a. Y ti dyJ m C7 ' w 6dm z s z � rn o N W cc SAS a O d0 N 'd ay Q� 02 0 p �PJ o 'rJ bs �O a Oys� NO- M0 10n7 U 0 r G G PT 3 Z c M ti EMERSON 4 K N c N sue, b3.LSAO yf'O 'h_N3ij yH O c O N 'N LL N �� O m° E D O A ol 0 N o�a U U 0) 3 a c O n N Ln 7 0 .0 n n ci c � pEN -Rp O G� ppR v M ?, c, O N7_39UH7- 4 ~ V u U a ° Al D'c') a a. CO'OLINA •y A ' O�J �Q� �°°n 04 Z 0 CC tom, 0 O��`IONVN a a Board of Commissioners - January 5, 2015 ITEM: 16- 4 - 1 ID Physical Address ID Physical Address 0 7320 DARDEN F;D 48 346 LOCKER 3Y W 1 225 BLOOMINGTON W 49 301 CRAFTWAN WAY 2 308 CRAFTSMAN WAY 50 7304 DARDEN RD 3 404 WENDOVER W 51 7121 HAVEN WAY 4 7200 OYSfEP W 52 7208 OYSfEP W 5 17227 OYSfEPW 53 509 M I DDLE SDUND LOOP F;D 6 7241 HAVEN WAY 54 321 CRAFTESMAN WAY 7 236 WENDOVERW 55 247 BLOOMINGTON W 8 7116 OYS ER W 56 235 BLOOM I NGTON W 9 308 WENDOVERW 57 231 BLOOMINGTON W 10 7109 HAVEN WAY 58 239 BLOOM I NGTON W 11 7240 DARDEN RD 59 224 BLOOM I NGTON W 12 17300 DARDEN F;D 60 232 BLOOM I NGTON W 13 320 CRAFTSMAN WAY 61 222 BLOOM I NGTON W 14 7117 HAVEN WAY 62 243 BLOOM I NGTON W 15 404 EWEIPT 63 300 WENDOVERW 16 335 LOCKERBY W 64 73371 DARDEN RD 17 7204 OYSfEP W 65 7341 DARDEN RD 18 304 WENDOVER W 66 316 WENDOVER W 19 1402 E PT 67 400 WENDOVER W 20 313 CRAFTSMAN WAY 68 7201 HAVEN WAY 21 7205 HAVEN WAY 69 300 CRAFTSMAN WAY 22 7120 OYSI-EP W 70 7107 OYSI-EP W 23 333 CRAFTSMAN WAY 71 7201 OYSTER W 24 7317 DARDEN RD 72 325 CRAFTSMAN WAY 25 305 CRAFTWAN WAY 73 7117 OYS ER W 26 1309 CRAFTSMAN WAY 74 7310 DARDEN RD 27 412 HEATON PL 75 341 LOCKERBY W 28 347 LOCKEE' W 76 1410 FAITH GT 29 329 CRAFTWAN WAY 77 7301 PT 22 DAF;DEN RD 30 7121 OYSTER W 78 7305 DARDEN RD 31 7207 OYSI-EP W 79 7209 OYS ER W 32 400 EWEIPT 80 7209 HAVEN WAY 33 1304 CRAFT -WAN WAY 81 7236 DARDEN RD 34 7200 OYSI-EP W 82 7213 OYETEP W 35 402 FAITH CT 83 17325 DARDEN RD 36 7202 OYSfEP W 84 222 BLOOM I NGTON W 37 7211 OYSfEP W 85 406 FAITH CT 38 401 EWE LL PT 86 7203 HAVEN WAY 39 7112 OYSfEP W 87 7205 OYSfEP W 40 1403 FAITH CT 88 7241 DARDEN RD 41 7108 OYSI-EP W 89 72351 DARDEN F;U 42 7245 DARDEN F;D 90 7125 OYS ER W 43 7212 OYSI-EP W 91 7306 DARDEN RD 44 403 EWEIPT 92 312 WENDOVEPW 45 312 CRAFTSMAN WAY 93 7342 DARDEN RD 46 407 FAITH CT 94 7336 DARDEN RD 47 1316 CRAFTWAN WAY 95 317 CRAFTSMAN WAY Board of Commissioners - January 5, 2015 ITEM: 16- 4 - 2 Board of Commissioners -January 5, 2015 ITEM: 16-5-1 Board of Commissioners - January 5, 2015 ITEM: 16-6-1 Board of Commissioners -January 5, 2015 ITEM: 16-7-1 APPLICANT MATERIALS Board of Commissioners - January 5, 2015 ITEM: 16- 8 - 1 Print Form NEW HANOVER COUNTY 230 Government Center Drive Suite 110 PLANNING & INSPECTIONS Wilmington NC 28403 910- 798 -7165 phone 910- 798 -7053 fax Application for www.nhcgov.com CONDITIONAL ZONING DISTRICT Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Daniel Hilla Estate of George Ciay7320 Darden 7320 Darden Rd Company Owner Name 2 Parcel ID(s) Darden Road, LLC R04400 -003- 010 -000 Address Address Area 622 Timberlake Ln 7320 Darden Rd Ogden City, State, Zip City, State, Zap Existing Zoning and Use Wilmington, NC. 28411 Wilmington, NC 28411 R -20 Vacant Land Phone Phone Proposed Use 910-443-4454 910 -599 -3277 Conditional R -15 Email Email Land Classification danhilla@aol.com gloria@gloriamgreen.com Watershed Resourse Application Case Number Date a received: Received by: ~k10 A APPLICATION OVERVIEW In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments and conditional zoning districts prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments and conditional zoning districts: • Section 55.3: Conditional Zoning Districts • Section 110: Amending the Ordinance • Section 111: Petitions • Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. Page] of 3 04114 Board of Commissioners - January 5, 2015 ITEM: 16- 9 - 1 APPLICATION REQUIREMENTS In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. In order to allow time to process, fees and review for completeness, applications will not be accepted after 5:00 PM on the deadline day. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant Staff Initial Initial Copy of the New Hanover County Tax Map, which delineates the property T- requested for rezonin "" Leal description fl metes and bounds) of properi ree�uested for rezoning. i Copy of the subdivision map or recorded plat which delineates the pr�rty._ R� Site Plan (8 -24x36 copies for Planning Board; 8 -24x36 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements. For residential I uses, this shall include number, height and type of units and area to be occupied by each structure and/or subdivided boundaries. For non - i 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- t • Development schedule including proposed phasing. ! • Traffic and Parking Plan to include a.statement of impact concerning local I traffic near the tract, proposed right -of -way dedication, plans for access to 1 and from the tract, location, width and right -of -way for internal streets and ! location, arrangement and access provision for parking areas. s • All existing and proposed easements, reservations, required setbacks, I rights -of -way, buffering and signage � 1 i • The one hundred (100) year floodplain line, if applicable I ° Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance j • Any additional conditions and requirements, which represent greater 1 restrictions on development and use of the tract than the corresponding ! j General Use District regulations or other limitations on land which may be i f regulated by State law or Local Ordinance. I • Any other information that will facilitate review of the proposed change (Ref. Article III, as applicable) !� A report of the required public information meeting outlined in Section 111 -2.1. - Authority for Appointment of Agent Form (if applicable) Fee - For petitions involving 5 acres or less, $600- For petitions involving greater tl than 5 acres, S 700 "u Page 2 of 3 04/14 Board of Commissioners - January 5, 2015 ITEM: 16- 9 - 2 CRITERIA REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Conditional Use District Zoning is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective but for which none of the general zoning classifications which would allow that use are acceptable. The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements. The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. You must explain in the space below how your request satisfies each of the following requirements (attach additional sheets if necessary): 1. How would the requested change be consistent with the County's Policies for Growth and Development? See Attached 2. How would the requested zone change be consistent with the property's classification on the Land Classification Ma See Attached 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? See Attached 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). See Attached i If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. By my signature below, I understand and accept all of the conditions, limitations and obligations of the Conditional Use District zoning for which I am applying. I understand that the existing official zoning map is presumed to be correct. I understand that I have the burden of proving why this requested change is in the public interest. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief.- Daniel Hilla Signature of Petitioner and /or Property Owner Print Name Page 3 of 3 04114 Board of Commissioners - January 5, 2015 ITEM: 16- 9 - 3 VitirN7Y -N NEW HANOVER COUNTY 2306ovcrittncntCcnterDrivc l' PLANNING & INSPECTIONS Sty ;re f W Wilmingtoi3, NC 28403 J' 2 910- 798 -7165 phone I f? AUTHORITY FOR 910. 7911 7053 kax APPOINTMENT OF A GENT u'ww.xilacgov.com Please note that for quasi - judicial proceedings, either the land owner or an attorney vinst be present for the case at the public hearing_ The undersigned owner does hereby appoint an authorized the agent described herein as their exclu,�ive agent for the purpose of petitioning New Hanover Coanty for a variance, special use permit, rezoning rcquest, and/or an appeal of Staff decisions applicable to the property described in the attached petition. The Agent is hereby authorized to, on behalf of the property owner: I. Submit a proper petition and the required supplemental information and materials 2. Appeal at public ineetings to give representation and cornmittments on behalf of the propti—ty owner 1. f on the property owner's behalf' without limitations with regard to zany and all things directly or indirectly connected writh or arising out ofnny petition applicable to the New Hanover. Cs)uttty'Zoning Ordwancc. This document was 4villftiilly executed on the J , day of_ gw,a ..jam , 20 J r O er l Signaturc " Owncr 2 Signature 5,201 It O:' 14 Name r 1 6 ....... • • 4u. - f1 f 1 j I ?v+ Iicahun.Mraekin I496iiation{ ' " "' "�' Pp S n *lStaliOnly) � ttb�3 °i y =° �` `I�Atl� 1P i �, '!s kJ try V' 4 y�.'R y .} +.k°ti �� ,1 '� 4 �ai�.r6,: ^Rt .�i!±f yi •,x"{ '` +� 'I' ix'j" =�:4 :. srr'..esYy.Y -. T e! yy` 1P�'C' �L- v��.�i :",^Y t :sa- iWFrd.,.cW's'L.S�'v.. • °:� ti ki 1 This document was 4villftiilly executed on the J , day of_ gw,a ..jam , 20 J r O er l Signaturc " Owncr 2 Signature 5,201 It O:' 14 Darden Road, LLC 1. How would the requested change be consistent with the County's Policies for Growth and Development? The subject property is currently zoned R -20 Residential. Over the past decade the Ogden area has seen much growth consistent with this proposal. This proposal will only add 5 lots. The proximity to major throughfares, public utilities, bus routes and schools makes this property a good candidate for Conditional R -15 zoning. 2. How would the requested zone change be consistent with the property's classification Map? The subject property is currently classified as Watershed Resource Protection. The Residential nature of the proposal keeps the development low impact and holds storm water on site to drain pollutants. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? Over the past decade the Ogden area has seen growth consistent with this proposal. A large portion of the surrounding area is zoned R -15 and is consistent with this proposal. This 8.71 -acre parcel is in the center of development residential homes of similar size. 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use? The proposed zoning from the current zoning to Conditional R -15 will have very little to no impact on the current conditions. This proposal will only add 5 lots to an area that has many single family residential homes. The project will meet all federal, state and local requirements associated with residential development. Board of Commissioners - January 5, 2015 ITEM: 16- 9 - 5 Darden Road Tracts A 0.47 Acre tract as shown on a survey by Sherwin Cribb dated 08/1812010. Beginning at a point on the right -of -way line of Darden Road, a common corner with Ogden Place subdivision, thence the following courses and distances: • N 48 °39'41" W a distance of 178.88; • N 41'59'42't E a distance of 253.741 to a point on the right-of-way line of Darden Road; Thence along said right -of -way line the following courses and distances: Thence S 13 °48'48" W a distance of 50.54'; Thence with a curve turning to the left having an are length of 181,78, a radius of 785.11', with a chord bearing of S 0710'50" W, and a chord length of 181.37 to a point; Thence S 00 °32'04" W a distance of 77.71'; which is the point of beginning, having_ an area of 0.47 acres. A 6.6 Acre tract as shown on a survey by Sherwin Cribb dated 0811812010. Beginning at a point on the right- of-way line of Darden Road, a common corner with William Wood Heirs, Thence the following courses and distances: • Thence N 42 °01'07" E a distance of 122.51' to a point; • Thence N 41 °57'05" E a distance of 146.04' to a point; • Thence N 41 °53'48" E a distance of 149.40' to a point; • Thence S 50 °52'24" E a distance of 416.38' to a point, the Northern corner of the 1.45 acre tract hereafter described; • Thence along the north line of the aforementioned 1.45 acre tract S 42 °46'28" W a distance of 290.19' to a point, • Thence S 42 °46'43" W a distance of 508.18' to a point; • Thence S 46 °23'14" W a distance of 18.12' to a point; • Thence N 48 °37'14" W a distance of 144.47' to a point on the right -of -way line of Darden Road, a common corner with Ogden Place subdivision; Thence along said right -of -way line the following courses and distances: • Thence N 00 °32'53" E a distance of 129.51' to a point; • Thence with a curve turning to the right having an are length of 167.88', a radius of 725.15', a chord bearing of N 07'10'50" E, and a chord length of 167.51' to a point; • Thence N 13 °48'48" E a distance of 163.96' to a point, which is the point of beginning, having an area of 6.60 acres. Board of Commissioners - January 5, 2015 ITEM: 16- 9 - 6 A 1.45 Acre tract as shown on a survey by Sherwin Cribb dated 0811$12010. Beginning at a point, the Eastern corner of the aforementioned 6.60 acre tract, thence the following courses and distances: • Thence S 51'01'53" E a distance of 227.97' to a point in a branch Thence with the meanders and run of the branch the following courses and distances: • Thence S 43 °24'14" W a distance of 26.29'; • Thence S 44 °27'48" W a distance of 51.21'; • Thence S 53 °50'23" W a distance of 36.69'; • Thence S 56 °21'13" W a distance of 57.37'; • Thence S 43 °36'23" W a distance of 39.02'; • Thence S 30 °06'43" W a distance of 65.03'; • Thence S 08 °27'13" W a distance of 12,79' to a point on a conservation easement line; Thence the following courses and distances: • Thence S 44° 11'01 " W a distance of 21.01 ; • Thence N 47 °44'36" W a distance of 225.55' to a point on the Southeastern line of the aforementioned 6.60 acre tract; • Thence along said Southeastern line N 42 °46'28" E a distance of 290.19' to a point, which is the point of beginning, having an area of 1.45 acres. Board of Commissioners - January 5, 2015 ITEM: 16- 9 - 7 PARID: R04400- 003 - 010 -000 CLAY GEORGE HRS 7320 DARDEN RD Parcel Alt ID 315920.91.6667.000 Address 7320 DARDEN RD Unit City WILMINGTON Zip Code - Neighborhood E4C55 Class RES- Residential Land Use Code 958- Unused Land Living Units Acres 8.7121 Zoning R- 20- RESIDENTIAL DISTRICT Legal Legal Description(8.71 ACRES(C)) MIDDLE SOUND HARNETT Tax District FD Owners Owner CLAY GEORGE HRS City WILMINGTON State NC Country Zip 28411 THE DATA IS FROM 2014 Sales Sale Date Sale Price Grantee Grantor Book Page Sale Key 01- JAN -01 $0 CLAY GEORGE HRS * NOT IN SYSTEM *0041 0372 79919 Sale Details Sale Date 01- JAN -01 Sale Key 79919 Sale Price $.00 Grantee CLAY GEORGE HRS Grantor * NOT IN SYSTEM Sale Source D -Deed Stamps (Unverified) Book 0041 Page 0372 Sale Validity U- Unqualified Sale Type VACANT Sale Flag STEB Instrument # Instrument Type Unknown Instrument Type Adj. Reason Adj. Price Adj. Amount Board of Commissioners - January 5, 2015 ITEM: 16- 9 - 8 Values Year 2014 Total Land $342,400 Total. Buildings $0 Appraised Total $342,400 MARKET VALUE SHOWN - EXEMPTIONS TO BE REFLECTED IN AUG BILLS THE DATA IS FROM 2014 Board of Commissioners - January 5, 2015 ITEM: 16- 9 - 9 New Hanover County hitp: / /etax.nhcgov, corn/ aregismaps/ PrirnMap.aspx ?pageType= Datale... PARID: R04400- p03- 010 -000 CLAY GEORGE HRS 7320 DARDEN RD Copyright 2007 of 1 Board of Commissioners - January 5, 2015 11/3/2014 2:58 PM ITEM: 16- 9 - 10 PROPOSED SITE PLAN Board of Commissioners - January 5, 2015 ITEM: 16- 10 - 1 dNI'IOUVZ) I41HON -NOIDNIN111% ��' "a _ S /7�.7 •�7 �7 r�(� /7 1689- B9L -dS8 xag �'w "2, d Q Y ©a lAlHCIHVll oo i9- BBL -oie Loud _ _ �" rl M TOYBZ evclo�e� s17SO9V ' °QS8u1�SFM � T � - O'. mold 7,mvlNiririama •O'd '`JNIHMNIONH ddRis ,.• ag FF U z w� Z J W fls w a w � Q O oa 1� 3 3 f g 3 � � o 4 z /, 3S 3�d ••Z1 X3 N � A 4N, W SAN < ro \ a N / 6 8 a� Board of commissioners - January b, 2U1 b ITEM: 16- 11 -1 Vj I J U� u b< W J X ¢ o� aW n N n ¢N v d a a 8 ji h A f f g = f� f $ � Q z I ¢ m U 43 a �a o A u a _ a 6 OL A x y °a \ ¢ 9 v zoa w i5 �Q N or / w wz w Ln \ n \ 0 CV a z /, 3S 3�d ••Z1 X3 N � A 4N, W SAN < ro \ a N / 6 8 a� Board of commissioners - January b, 2U1 b ITEM: 16- 11 -1 Vj I J U� u b< W J X ¢ o� aW n N n ¢N v d a a 8 ji h A COMMUNITY MEETING REPORT Board of Commissioners - January 5, 2015 ITEM: 16- 12 - 1 Darden Road, LLC Community Meeting October 6, 2014 November 3, 2014 Darden Road, LLC sent notices out for the community information meeting on September 25, 2014. The meeting was held on October b, 2014 at 6.00PM at the New Hanover County Fire Department at 7375 Market Street. Approximately 11 residents and neighbors attended the meeting. Issues discussed were traffic, storm water, lot sizes and price ranges. Although there were concerns with each of the items listed above, all neighbors appeared to be satisfied with the answers provided by the development team. They were all encouraged to provide as much feedback as possible. We have attached a copy of the letter that was mailed out to the neighbors, as well as the site plan that was sent to them. Respectfully submitted, Darden Road, LLC Dan Hilla Managing Member Board of Commissioners - January 5, 2015 ITEM: 16- 13 - 1 September 25, 2014, Dear Residents, This is a notice for a community information meeting for an upcoming request by Darden Road LLC, applicant, on behalf of the Estate of George Clay, property owner for a Conditional Rezoning from R20 to R15 for Residential use. If the proposed rezoning is approved it will result in an additional 5 lots from what is currently allowed by New Hanover County Zoning. The subject property is approximately 8.71 acres and is located at 7320 Darden Road Wilmington, NC. 28411 and is identified as PID R04400 -003- 010 -000. The purpose of the community meeting is to explain the proposal and answer questions from meeting attendees. The meeting will be held at the New Hanover County Fire Department located at 7375 Market Street, Wilmington, NC. 28411 will begin at 6:00 PM on Monday October 6, 2014. For direction or further information, please contact Dan Hilla at (910) 443 -4454 or email (danhilla @aol.com ) or Barb Lambert at (910) 443- 3365, email (barblamb @ec.rr.com). Board of Commissioners - January 5, 2015 ITEM: 16- 13 - 2 October 6 2014 Darden Road LLC Community Meeting Residents Attending Name r.. ✓' G-A4ek Address ,. �/ /� >'c' %� �/ cite, cra-OS.Mat Phone Number; SA E �► 3®0 OW�� Ai,4 (� Ala -S J-� 9 —T f 2 /J Bard of Commissioners - January 5, 2015 - 3 Board of Commissioners - January 5, 2015 ITEM: 16- 13 - 4