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Agenda 2015 11-02
AGENDA _ Ni 1�,pfvo .1 IM7 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, CLERK TO THE BOARD NOVEMBER 2, 2015 4:00 PM MEETING CALLED TO ORDER (Chairman Jonathan Barfield, Jr.) INVOCATION (Reverend Brad McDowell, First Christian Church) PLEDGE OF ALLEGIANCE (Vice- Chairman Beth Dawson) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS Approval of Minutes 2. Adoption of a Resolution Approving Execution And Delivery Of Escrow Agreement And Amendment To Interlocal Agreement With City of Wilmington Related To Defeasance of General Obligation Bonds 3. Adoption of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statutes - Chapter 160A Article 12 ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS MINUTES 10 4. Consideration of a Letter of Support for the Carolina Beach Boardwalk Extension 10 5. Fiscal Year 2016 First Quarter Results 5 6. Public Hearing on Bald Eagle Lane Assessment 40 7. Public Hearing Rezoning Application (Z -945, 10/15) — Request by David Harner of Paramount Development Corporation on Behalf of the Property Owner, Thalia Dukes, and Lawrence S. Craige, Legal Guardian, to Rezone 8.1 Acres Located at the 6700 Block of Gordon Road from R -15, Residential District, to B -2, Highway Business District 40 8. Public Hearing Rezoning Application (Z -946, 10/15) — Request by Cindee Wolf of Design Solutions on Behalf of the Property Owner, Trask Farms of New Hanover, LLC, to Rezone 23.74 Acres Located at the 2400 Block of N Kerr Ave from R -15, Residential District, to (CZD) Al, Conditional Airport Industrial District, to Develop a Veterinary Use Board of Commissioners - November 2, 2015 ESTIMATED MINUTES PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ADDITIONAL AGENDA ITEMS OF BUSINESS 10 9. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 10. 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 - November 2, 2015 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2015 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Chairman Barfield CONTACT(S): Teresa Elmore, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Special Meeting held on October 20, 2015 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 - November 2, 2015 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2015 CONSENT DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher, Chief Financial Officer SUBJECT: Adoption of a Resolution Approving Execution And Delivery Of Escrow Agreement And Amendment To lnterlocal Agreement With City of Wilmington Related To Defeasance of General Obligation Bonds BRIEF SUMMARY: New Hanover County issued general obligation bonds in 2008 for park and recreation projects. A portion of these 2008 general obligation bonds were used by the City of Wilmington for various projects and the City of Wilmington pays their respective portion of the debt service on those County general obligation bonds. A portion of the proceeds used by the City was to purchase one -half of the Water Street Parking Deck which is now being considered by the City for redevelopment with a private developer. To maintain the tax- exempt status of the 2008 general obligation bonds, the City has requested to defease, which means to pay off, and redeem a portion of the bonds. From an accounting and legal perspective, when bonds are defeased, they are regarded as paid. Thus, the bonds will no longer be treated as outstanding debt for the County. To defease the bonds, an escrow account must be set up and funded in a sufficient amount. The cost to establish the escrow is $637,101 and will be funded by the City of Wilmington. There is no cost to New Hanover County to defease and redeem said bonds. The documents attached to this agenda item in the form provided, once executed, will effectuate the transaction. Those documents include an escrow agreement and an amendment to the interlocal agreement with the City of Wilmington reflecting the changes. STRATEGIC PLAN ALIGNMENT: Productive Strategic Partnerships • Collaborate on regional planning RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. ATTACHMENTS: Resolution Escrow Agreement Amendment to Interlocal Board of Commissioners - November 2, 2015 ITEM: 2 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - November 2, 2015 ITEM: 2 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND AN AMENDMENT TO AN INTERLOCAL AGREEMENT WITH THE CITY OF WILMINGTON RELATED TO THE COUNTY'S 2008 PARK BONDS IN CONNECTION WITH THE CITY'S REDEVELOPMENT OF THE WATER STREET PARKING DECK WHEREAS, the County of New Hanover, North Carolina (the "County "), issued $18,000,000 General Obligation Parks and Recreation Bonds, Series 2008 (the "2008 Bonds ") on June 17, 2008; WHEREAS, pursuant to an Interlocal Agreement dated July 18, 2006 (the "Interlocal") between the County and the City of Wilmington, North Carolina (the "City "), the City agreed to fund debt service on a portion of the 2008 Bonds to finance certain City Projects, one of which was acquisition of a portion of the Water Street Parking Deck; WHEREAS, the City has entered into a Memorandum of Understanding with East West Partners Management Company, Inc. (the "Developer ") to redevelop the Water Street Parking Deck; WHEREAS, in order to maintain the tax - exempt status of the 2008 Bonds, the City plans to defease and redeem a portion of the City's obligation with respect to the 2008 Bonds related to the Water Street Parking Deck; WHEREAS, in order to defease and redeem a portion of the 2008 Bonds, the County, as issuer of the 2008 Bonds, must authorize such action and be a party to an escrow agreement. In addition, the County and the City wish to amend the terms of the Interlocal to reflect the defeasance and redemption; WHEREAS, there has been described to the Board of Commissioners the following documents (collectively, the `Instruments "), copies of which have been made available to the Board of Commissioners, which the Board of Commissioners proposes to approve, enter into and deliver, as applicable: (1) the Escrow Agreement dated on or about November 10, 2015 among the County, the City and U.S. Bank National Association, as trustee, relating to the redemption and defeasance of a portion of the 2008 Bonds; (2) Amendment Number One to the Interlocal dated on or about November 10, 2015 between the County and the City, amending the terms thereof in connection with the defeasance and redemption of a portion of the 2008 Bonds; and WHEREAS, it appears that each of the Instruments is in an appropriate form and is an appropriate instrument for the purposes intended; NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COMMISSIONERS OF THE CO UNTY OF NE W HA NO VER, NORTH CAROLINA, AS FOLLOWS: Section 1. Ratification of Instruments. All actions of the County, the Chairman of the Board, the Clerk to the Board, the County Manager, the Finance Director of the County, the County Attorney and their respective designees, whether previously or hereinafter taken, in effectuating the proposed redemption and defeasance, as applicable, are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the Instruments. Board of Commissioners - November 2, 2015 ITEM: 2 -1 -1 Section 2. Authorization to Execute the Instruments. That the form and content of the Instruments are hereby in all respects authorized, approved and confirmed, and the County Manager, the Finance Director of the County, the Clerk to the Board, the County Attorney and their respective designees are hereby authorized, empowered and directed to execute and deliver the Instruments, including necessary counterparts, in substantially the form and content presented to the Board of Commissioners, but with such changes, modifications, additions or deletions therein as they deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the County's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Instruments presented to the Board of Commissioners, and that from and after the execution and delivery of the Instruments, the County Manager, the Finance Director of the County, the Clerk to the Board, the County Attorney and their respective designees are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Instruments as executed. Section 3. County Representative. That the Chairman of the Board, the Clerk to the Board, the County Manager, the Finance Director of the County, the County Attorney and their respective designees, are hereby designated as the County's Representatives to act on behalf of the County in connection with the transaction contemplated by the Instruments, and each is authorized to proceed with the redemption and defeasance in accordance with the Instruments and to seek opinions as a matter of law from the County Attorney, which the County Attorney is authorized to furnish on behalf of the County, and opinions of law from such other attorneys as may be required for all documents contemplated hereby. The County's Representative and /or designee or designees are in all respects authorized on behalf of the County to proceed with the transactions contemplated by the Instruments, the Chairman of the Board, the Clerk to the Board, the County Manager, the Finance Director of the County, the County Attorney and their respective designees are hereby authorized, empowered and directed to do any and all other acts and to execute any and all other documents, which they, in their discretion, deem necessary and appropriate in order to consummate the transactions contemplated by the Instruments or as they deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 4. Severability. That if any section, phrase or provision of this Resolution is for any reason declared invalid, such declaration will not affect the validity of the remainder of the sections, phrases or provisions of this Resolution. Section 5. Repealer. That all motions, orders, resolutions and parts thereof, in conflict herewith are hereby repealed. Section 6. Effective Date. The resolution was adopted by the following vote: 2 Board of Commissioners - November 2, 2015 ITEM: 2 - 1 - 2 Read, approved and adopted this 2nd day of November, 2015. Clerk to the Board APPROVED AS TO FORM: County Attorney Bv: Chairman of the Board of Commissioners 3 Board of Commissioners - November 2, 2015 ITEM: 2 - 1 - 3 STATE OF NORTH CAROLINA ss: COUNTY OF NEW 1 ANOVER 1, Teresa Elmore, Clerk to the Board of Commissioners of the County of New Hanover, North Carolina Do HEREBY CE1Z17FY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, APPROVING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT AND AN AMENDMENT TO AN 1NTERLOCAL AGREEMENT WITH THE CITY OF WILMINGTON RELATED TO THE COUNTY'S 2008 PARK BONDS IN CONNECTION WITH THE CITY'S REDEVELOPMENT OF THE WATER STREET PARKING DECK" adopted by the Board of Commissioners of the County of New Hanover, North Carolina, at a meeting held on the 2nd day of November, 2015. WLINESS my hand and the corporate seal of the County of New Hanover, North Carolina, this the 2nd day of November, 2015. Teresa Elmore Clerk to the Board of Commissioners County of New Hanover, North Carolina 4 Board of Commissioners - November 2, 2015 ITEM: 2 - 1 - 4 ESCROW AGREEMENT ESCROW AGREEMENT dated as of November 10, 2015 among the COUNTY OF NEW HANOVER, NORTH CAROLINA (the "County "), the CITY OF WILMINGTON, NORTH CAROLINA (the "City ") and U.S. BANK NATIONAL ASSOCIATION, as escrow agent (the "Escrow Agent "), a national banking association organized and existing under the laws of the United States of America, being authorized to accept and execute trust of the character herein set out under and by virtue of the laws of the State of North Carolina (the "State'). WITNESSETH: WHEREAS, the County has issued $18,000,000 General Obligation Parks and Recreation Bonds, Series 2008 (the "2008 Bonds "); WHEREAS, pursuant to an Interlocal Agreement dated July 18, 2006 (the Interlocal ") between the County and the City, the City agreed to pay debt service on $12,000,000 of the 2008 Bonds to finance certain City projects, one of which was acquisition of a portion of the Water Street Parking Deck; WHEREAS, the City has entered into a Memorandum of Understanding with East West Partners Management Company, Inc. (the "Developer ") to redevelop the Water Street Parking Deck; WHEREAS, in order to maintain the tax - exempt status of the interest on the 2008 Bonds, the City wishes to defease and prepay a portion of the City's obligation with respect to the 2008 Bonds related to the Water Street Parking Deck (the "Defeased Bonds ") using City funds; WHEREAS, this Agreement sets forth the understandings and agreements of the County, the City and the Escrow Agent with respect to the Defeased Bonds and the Escrow Fund; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, and intending to be legally bound, the County and the Escrow Agent covenant and agree: ARTICLE I DEFINITIONS As used in this Agreement, unless clearly implied, the following terms shall have the following meanings: "Agreement" means this Escrow Agreement dated as of November 10, 2015 between the County and the Escrow Agent. "Bond Resolution" means the Bond Resolution adopted by the Board of Commissioners of the County on [date], pursuant to which the County issued the 2008 Bonds. "City" means the City of Wilmington, North Carolina, or any successor to its functions. "County" means the County of New Hanover, North Carolina, or any successor to its functions. Board of Commissioners - November 2, 2015 ITEM: 2 - 2 - 1 "Escrow Agent" means U.S. Bank National Association, and its successors and assigns. "Escrow Fund" means the Escrow Fund created in Section 2.01. "Federal Securities" means, to the extent permitted by Section 159 -84 of the General Statutes of North Carolina, (a) direct obligations of the United States of America for the payment of which the full faith and credit of the United States of America is pledged; (b) obligations issued by any agency controlled or supervised by and acting as an instrumentality of the United States of America, the payment of the principal of and interest on which is fully guaranteed as full faith and credit obligations of the United States of America (including any securities described in (a) or (b) issued or held in the name of the Escrow Agent in book entry form on the books of the Department of Treasury of the United States of America), which obligations, in either case, are held in the name of the Escrow Agent and are not subject to redemption or purchase prior to maturity at the option of anyone other than the Owner; (c) the interest only portions of obligations issued by the Resolution Funding Corporation; or (d) direct evidences of ownership of proportionate interests in future interest and principal payments on specified obligations described in (a) held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor on the underlying obligations described in (a), and which underlying obligations are not available to satisfy any claim of the custodian or any person claiming through the custodian or to whom the custodian may be obligated. " Defeased Bonds" means the portion of the 2008 Bonds maturing on and after June 1, 2016 relating to the City's obligation with respect to the Water Street Parking Deck to be defeased and prepaid with City funds. "State" means the State of North Carolina. "2008 Bonds" means the $18,000,000 aggregate principal amount of the County's General Obligation Parks and Recreation Bonds, Series 2008. "Water Street Parking Deck" means the parking deck of the City by that name, acquisition of a portion of which was funded with a portion of the 2008 Bonds. ARTICLE II CREATION OF ESCROW FUND Section 2.01. Escrow Fund. There is hereby created and established with the Escrow Agent a special and irrevocable escrow fund designated the Escrow Fund to be held in the custody of the Escrow Agent separate and apart from other funds and accounts of the County or the Escrow Agent. Section 2.02. Initial Deposit. On the date of this Escrow Agreement, the City has caused to be deposited with the Escrow Agent, and the Escrow Agent acknowledges receipt of, $[ ] from the City funds. Concurrently with the receipt of such proceeds, the Escrow Agent shall deposit such funds in the Escrow Fund. Amounts on deposit in the Escrow Fund will be simultaneously applied to the purchase of the Federal Securities described in Schedule II hereto ( "Schedule II ), except to the extent of balances designated in Schedule II to be uninvested. The Federal Securities in the Escrow Fund shall mature in principal amounts and pay interest in such amounts so that sufficient moneys will be available to pay 2 Board of Commissioners - November 2, 2015 ITEM: 2 - 2 - 2 principal and interest with respect to the Defeased Bonds until June 1, 2018, at which time the remaining outstanding principal and interest with respect to the Defeased Bonds will be paid in full. In reliance on the mathematical verifications performed by The Arbitrage Group, Inc., the County and the City hereby find and determine that the investments described in Schedule II are advantageous in yield and maturity date to provide sufficient moneys to pay and redeem the Defeased Bonds and to comply with United States Department of the Treasury regulations adopted or applicable pursuant to the Internal Revenue Code of 1986, as amended Section 2.03. Irrevocable Deposit; Control. The deposit in the Escrow Fund of the funds described in Section 2.02 herein constitutes an irrevocable deposit of such money exclusively for the benefit of the Defeased Bonds, and such money and Federal Securities, together with any income or interest earned thereon, shall be held in trust and shall be applied solely to the payment and redemption of the principal of and interest on the Defeased Bonds as described in Section 2.02 herein. Subject to the requirements set forth herein for the use of the Escrow Fund and the money and investments therein, including, without limitation, Section 3.02, the County covenants and agrees that the Escrow Agent has full and complete control and authority over and with respect to the Escrow Fund and money and investments therein and that the County shall not exercise any control or authority over and with respect to the Escrow Fund and the money and investments therein. The County irrevocably directs the Escrow Agent to call the Defeased Bonds for redemption on June 1, 2018. Section 2.04. Reinvestment; SLGS. (a) Cash or other Federal Securities other than any Federal Securities listed in Schedule II may be substituted at the written direction of the County but only if such cash or Federal Securities: (1) are in an amount or mature in an amount, which together with any cash or Federal Securities substituted for the Federal Securities listed in Schedule II is equal to or greater than the amount required to pay the principal of and interest on the Defeased Bonds; (2) mature on or before the date amounts are due on the Defeased Bonds under Schedule I; and (3) the County, the City and the Escrow Agent receive an opinion of nationally recognized bond counsel stating that such substitution will not adversely affect the exclusion from gross income for federal income tax purposes of the interest on the Defeased Bonds or the 2008 Bonds. (b) The Escrow Agent is also hereby authorized and directed to reinvest proceeds of the Federal Securities which are attributable to amounts received as principal of or interest on the Federal Securities and not immediately needed to pay principal of and interest on the Defeased Bonds in Federal Securities with a yield not in excess of zero percent unless the Escrow Agent is directed in writing by the County to invest such amounts in other Federal Securities after the County obtains an opinion of nationally recognized bond counsel to the effect that such investment would not cause any of the Defeased Bonds to be arbitrage bonds under Section 103(c) of the Code and the applicable regulations thereunder. Such amounts are to be continuously invested in Federal Securities maturing on or before the date such funds are needed to pay the principal of or interest on the Defeased Bonds. 3 Board of Commissioners - November 2, 2015 ITEM: 2 - 2 - 3 The Escrow Agent shall purchase United States Treasury Obligations -State and Local Government Series ( "SLGS "), and, by at least 5 days (or such different time as may hereafter be established by regulations of the United States Bureau of Public Debt) prior to such purchase, shall execute and file with a Federal Reserve Bank or Branch a subscription for the purchase and issuance of such SLGS with such terms as may be required to effect such purchase on such date. (c) The Escrow Agent shall transfer any investment earnings resulting from the reinvestment of proceeds of the Federal Securities as described herein and any excess above the amount required to pay the principal of and interest on the Defeased Bonds to the City to be used for any lawful purposes. ARTICLE III DUTIES OF THE ESCROW AGENT; FEES AND COSTS Section 3.01. Payments on Defeased Bonds. The Escrow Agent, without further authorization and direction from the County or the City, shall pay to DTC on behalf of the owners of the Defeased Bonds from money available in the Escrow Fund, on the date of redemption of the Defeased Bonds. Section 3.02. Investment of Escrow Fund. The Escrow Agent shall purchase or cause to be purchased those Federal Securities listed in Schedule II solely from the money deposited by the City in the Escrow Fund. The Escrow Agent shall apply the money deposited in the Escrow Fund and the Federal Securities, together with any income or interest earned thereon, in accordance with this Agreement. The Escrow Agent has no power or duty to invest any money held hereunder or to make substitutions of the Federal Securities held hereunder or to sell, transfer or otherwise dispose of the Federal Securities acquired hereunder. The liability of the Escrow Agent for the payment of the principal of and interest on the Defeased Bonds pursuant to this Section is limited to the cash available for such purposes in the Escrow Fund. Neither the County nor the City shall not direct the Escrow Agent to exercise any of its powers to cause any part of the money or funds at any time in the Escrow Fund to be used directly or indirectly to acquire any obligations which would cause any Defeased Bond to be an "arbitrage bond' within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended. Section 3.03. Escrow Agent's Fees. The Escrow Agent's fees and costs for and in carrying out the provisions of this Agreement have been set, which fees and costs are to be paid by the City as they are due from funds of the City and not from funds in the Escrow Fund. The City will bear all costs of publication and mailing of notices required by this Agreement and the Bond Resolution. The County and the City agree to indemnify the Escrow Agent, to the extent permitted by law, against any liability which it may incur while acting in good faith in its capacity as Escrow Agent except for its own negligence, misconduct or default, such indemnification including, but not limited to, any court costs and reasonable attorneys' fees. Any costs, fees or other expenses of the Escrow Agent under this Agreement may not, however, be paid from the Escrow Fund. The Escrow Agent is not liable for any loss resulting from any investment made at the direction of the County or City pursuant to the terms and provisions of this Agreement. Section 3.04. Notices to Defeased Bondowners. The Escrow Agent shall give notice to the registered owners from time to time of the Defeased Bonds in accordance with the instructions received from the County or the City in connection with this Agreement. The Escrow Agent shall cause the notice of redemption, substantially in the form attached to this Agreement as Exhibit A, to be mailed to the parties and in the manner set forth on Exhibit A. In addition, the Escrow Agent shall mail the notice of 4 Board of Commissioners - November 2, 2015 ITEM: 2 - 2 - 4 defeasance, substantially in the form attached to this Agreement as Exhibit B, to the parties and in the manner set forth on Exhibit B. ARTICLE IV GENERAL PROVISIONS Section 4.01. Escrow Fund Irrevocable. The Escrow Fund hereby created is irrevocable. The owners of the Defeased Bonds are hereby granted an express lien on the funds on deposit in the Escrow Fund until it is applied in accordance with this Agreement. The Escrow Agent shall hold the Escrow Fund as a separate trust fund wholly segregated from all other funds and accounts held in any capacity and shall make disbursements from such accounts only in accordance with the provisions of this Agreement. The principal of and interest on the Federal Securities shall not be reinvested, and the Escrow Agent shall not sell or dispose of such securities. Under no circumstances shall the Escrow Agent have a lien on the Escrow Fund for its charges, fees and expenses and under no circumstances shall the Escrow Agent make any claim against the Escrow Fund for such charges, fees and expenses. Section 4.02. Report. The Escrow Agent shall deliver to the County and the City on or before the 15th business day of each month, beginning [December 15, 2015], a report of each transaction relating to the Escrow Fund through the last business day of the preceding month. Notwithstanding the provisions of Section 4.09, such delivery may be made through electronic means. Section 4.03. Defeased Bondowner Rights. The Escrow Agent, the County and the City agree that the owners of the Defeased Bonds have a beneficial and vested interest in the Escrow Fund as herein provided. It is therefore recited, understood and agreed that, until the provisions hereof have been fully carried out, this Agreement (a) may be amended only to cure ambiguity or correct manifest error without the prior written consent of all of the owners of the Defeased Bonds and (b) is not subject to amendment for any other reason or revocation except with the prior written consent of all of the owners of the Defeased Bonds. Section 4.04. Deficiency. If there is any deficiency in the Escrow Fund, the City will remedy such deficiency by paying to the Escrow Agent the amount of such deficiency. The Escrow Agent is not liable for any such deficiency, except as such deficiency may be caused by its negligence or willful misconduct. Section 4.05. Termination. This Agreement terminates when all payments of the principal of and interest on the Defeased Bonds required to be made to the owners of the Defeased Bonds under the provisions of the Bond Resolution have been made; provided, however, that the indemnification provisions of Section 3.03 will survive any such termination. Section 4.06. Severability. If any one or more of the covenants or agreements provided in this Agreement on the part of the parties hereto to be performed should be determined by a court of competent jurisdiction to be contrary to law, such covenant or agreement is to be deemed and construed to be severable from the remaining covenants and agreements herein contained and in no way affects the validity of the remaining provisions of this Agreement. Section 4.07. Law. This Agreement is governed exclusively by the laws of the State. 5 Board of Commissioners - November 2, 2015 ITEM: 2 - 2 - 5 Section 4.08. Counterparts. This Agreement may be executed in several counterparts, all or any of which are regarded for all purposes as one original and constitute one and the same instrument. Section 4.09. Notices. Any notice or other communication to be given under this Agreement shall be in writing and may be given by certified mail (postage prepaid, return receipt requested), telegraph, facsimile or personal delivery, if to the County, to the County of New Hanover, North Carolina, 230 Government Center Drive, Suite 165, Wilmington, North Carolina 28403, Attention: Finance Director; if to the City, to the City of Wilmington, North Carolina, 305 Chestnut Street, 5th Floor Tower, Wilmington, North Carolina 28402, Attention: Finance Director; and if to the Escrow Agent, to U.S. Bank National Association, Corporate Trust Services, Attn: Shawna L. Hale, Vice President, 5540 Centerview Drive, Suite 200, Raleigh, North Carolina 27606. IN WITNESS WHEREOF, the Escrow Agent, the County and the City have caused this Agreement to be executed by their duly authorized officers, as of the 10th day of November, 2015. U.S. BANK NATIONAL ASSOCIATION, as Escrow Agent LN Shawna L. Hale Vice President [Signatures Continued on Following Page] 6 Board of Commissioners - November 2, 2015 ITEM: 2 - 2 - 6 [Counterpart Signature Page to the Escrow Agreement] COUNTY OF NEW HANOVER, NORTH CAROLINA Un APPROVED AS TO FORM: Wanda Copley, County Attorney FINANCE OFFICER'S CERTIFICATION STATEMENT Lisa Wurtzbacher Chief Financial Officer This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Lisa Wurtzbacher Chief Financial Officer Date: 7 Board of Commissioners - November 2, 2015 ITEM: 2 - 2 - 7 [Counterpart Signature Page to the Escrow Agreement] CITY OF WILMINGTON, NORTH CAROLINA Un APPROVED AS TO FORM: William E. Wolak, City Attorney FINANCE OFFICER'S CERTIFICATION STATEMENT Debra H. Mack, CLGFO Finance Director This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Debra H. Mack, CLGFO Finance Director Project Number: Account Number: Amount of Contract $ Requisition /PO Number Federal ID Number: 56- 6000239 Date: 8 Board of Commissioners - November 2, 2015 ITEM: 2 - 2 - 8 SCHEDULEI PAYMENT SCHEDULE FOR DEFEASED 2008 BONDS DATE PRINCIPAL INTEREST 12/01/15 $11,126.25 06/01/16 $ 30,000.00 11,126.25 12/01/16 10,563.75 06/01/17 30,000.00 10,563.75 12/01/17 10,001.25 06/01/18 495,000.00 10,001.25 The Defeased Bonds maturing on and after June 1, 2019 are to be called for redemption on June 1, 2018 at the principal amount thereof, plus accrued interest to the redemption date. SCHI -1 Board of Commissioners - November 2, 2015 ITEM: 2 - 2 - 9 SCHEDULEII FEDERAL SECURITIES PAR MATURITY TYPE OF SECURITY DATE PAR AMOUNT YIELD *An amount equal to $[ ] has been deposited in the Escrow Fund on the Issue Date to establish the Initial Cash Balance in the Escrow Fund and shall be held uninvested as cash. SCHII -1 Board of Commissioners - November 2, 2015 ITEM: 2 - 2 - 10 EXHIBIT A NOTICE OF REDEMPTION $18,000,000 County of'New Hanover, North Carolina General Obligation Parks and Recreation Bonds, Series 2008 NOTICE IS HEREBY GIVEN by the County of New Hanover, North Carolina (the "County ") of its intention to redeem a portion of the County's General Obligation Parks and Recreation Bonds, Series 2008, maturing on and after June 1, 2019 in the amount of $465,000 (the "Defeased Bonds ") on June 1, 2018 (the "Redemption Date ") at the redemption price of 100% of the principal amount of the Defeased Bonds, plus interest accrued thereon to the Redemption Date (the "Redemption Price "). There has been deposited with the undersigned funds sufficient to pay the Redemption Price on the Redemption Date. Such deposit has been made to an Escrow Fund (the "Escrow Fund") in accordance with the provisions of an Escrow Agreement dated as of November 10, 2015 among the County, the City of Wilmington, North Carolina (the "City ") and the undersigned (the "Escrow Agreement "). U.S. Bank National Association (the "Escrow Agent ") has received irrevocable written instructions from the County to redeem the Defeased Bonds on the Redemption Date. Consequently, on the Redemption Date, the Defeased Bonds will cease to bear interest. The Defeased Bonds are as follows: * CUSIP MATURITY RATE PRICE AMOUNT 64480OL93 June 1, 2019 4.00% 100% $30,000 64480OM27 June 1, 2020 4.00 100 30,000 64480OM35 June 1, 2021 4.00 100 45,000 64480OM43 June 1, 2022 4.00 100 45,000 64480OM50 June 1, 2023 4.00 100 45,000 64480OM68 June 1, 2024 4.00 100 45,000 64480OM76 June 1, 2025 4.00 100 45,000 64480OM84 June 1, 2026 4.00 100 45,000 64480OM92 June 1, 2027 4.10 100 45,000 64480ON26 June 1, 2028 4.10 100 45,000 64480ON34 June 1, 2029 4.25 100 45,000 * The County and the Escrow Agent shall not be responsible for the use of CUSIP numbers selected, nor is any representation made as to its correctness indicated in the notice or as printed on any certificate. It is provided solely for the convenience of the holders. [CUSIPs subject to change] Payment of the Redemption Price for each of the Defeased Bonds will be made by wire transfer on the Redemption Date to The Depository Trust Company for the Defeased Bonds registered in the name of Cede & Co. in accordance with the rules and procedures of The Depository Trust Company. If by Mail: (REGISTERED and /or BEARER BONDS) U.S. Bank Corporate Trust Services P.O. Box 64111 St. Paul, MN 55164 -0111 If by Hand or Overnight Mail U.S. Bank Corporate Trust Services 111 Filmore Ave E St. Paul, MN 55107 B -1 Board of Commissioners - November 2, 2015 ITEM: 2 - 2 - 11 When presenting the Defeased Bonds for payment, holders should provide their tax identification number (via W -9) to avoid withholding of 28% of the principal paid as required by Federal tax law. Those holders who are required to provide their correct taxpayer identification number on IRS Form W -9 and who fail to do so may also be subject to an IRS penalty. Accordingly, please provide all appropriate certifications when presenting the Defeased Bonds for payment. COUNTY OF NEW HANOVER, NORTH CAROLINA By: U.S. BANK NATIONAL ASSOCIATION, as escrow agent Unredeemed Portion Of Certain Maturities Of $18,000,000 County of New Hanover, North Carolina General Obligation Parks and Recreation Bonds, Series 2008 The portion of the above - referenced Bonds maturing on and after June 1, 2019 that will remain outstanding are as follows: * CUSIP MATURITY RATE PRICE AMOUNT 64480OL93 June 1, 2019 4.00% 100% $720,000 64480OM27 June 1, 2020 4.00 100 720,000 64480OM35 June 1, 2021 4.00 100 1,055,000 64480OM43 June 1, 2022 4.00 100 1,055,000 64480OM50 June 1, 2023 4.00 100 1,055,000 64480OM68 June 1, 2024 4.00 100 1,055,000 64480OM76 June 1, 2025 4.00 100 1,055,000 64480OM84 June 1, 2026 4.00 100 1,055,000 64480OM92 June 1, 2027 4.10 100 1,055,000 64480ON26 June 1, 2028 4.10 100 1,055,000 64480ON34 June 1, 2029 4.25 100 905,000 * The County and the Escrow Agent shall not be responsible for the use of CUSIP numbers selected, nor is any representation made as to its correctness indicated in the notice or as printed on any certificate. It is provided solely for the convenience of the holders. [CUSIPs subject to change] Date: [Between April 2, 2018 and May 1, 2018] To: DTC by electronic mail to redemptionnotification @dtcc.com. LGC by U.S. Mail; and EMMA, by posting electronically, in PDF format, to www.MSRB.org /msrb 1 /control /default.asp. B -2 Board of Commissioners - November 2, 2015 ITEM: 2 -2-12 EXHIBIT B NOTICE OF DEFEASANCE $18,000,000 County of New Hanover, North Carolina General Obligation Parks and Recreation Bonds, Series 2008 NOTICE IS HEREBY GIVEN by the County of New Hanover, North Carolina (the "County ") pursuant to the Bond Resolution adopted by the Board of Commissioners of the County on [date] (the "Bond Resolution "), there has been deposited with the undersigned certain Federal Securities, the principal of and the interest on which when due, and without reinvestment thereof, are sufficient to pay (1) the interest accrued on a portion of the County's General Obligation Parks and Recreation Bonds, Series 2008, maturing on and after June 1, 2016 (the "Defeased Bonds ") until June 1, 2018 (the "Redemption Date ") and (2) 100% of the principal amount of the Defeased Bonds when due at maturity or earlier redemption. Such deposit has been made to an Escrow Fund (the "Escrow Fund") in accordance with the provisions of an Escrow Agreement dated as of November 10, 2015 among the County, the City of Wilmington, North Carolina (the "City ") and the undersigned (the "Escrow Agreement "). U.S. Bank National Association, as escrow agent, has received irrevocable written instructions from the County to cause the redemption of the Defeased Bonds maturing on and after June 1, 2019 on the Redemption Date. Consequently, on the Redemption Date, the Defeased Bonds will cease to bear interest. The Defeased Bonds are as follows: * CUSIP MATURITY RATE PRICE AMOUNT 64480OL69 June 1, 2016 3.75% 100% $30,000 64480OL77 June 1, 2017 3.75 100 30,000 64480OL85 June 1, 2018 4.00 100 30,000 64480OL93 June 1, 2019 4.00 100 30,000 64480OM27 June 1, 2020 4.00 100 30,000 64480OM35 June 1, 2021 4.00 100 45,000 64480OM43 June 1, 2022 4.00 100 45,000 64480OM50 June 1, 2023 4.00 100 45,000 64480OM68 June 1, 2024 4.00 100 45,000 64480OM76 June 1, 2025 4.00 100 45,000 64480OM84 June 1, 2026 4.00 100 45,000 64480OM92 June 1, 2027 4.10 100 45,000 64480ON26 June 1, 2028 4.10 100 45,000 64480ON34 June 1, 2029 4.25 100 45,000 * The County and the Escrow Agent shall not be responsible for the use of CUSIP numbers selected, nor is any representation made as to its correctness indicated in the notice or as printed on any certificate. It is provided solely for the convenience of the holders. [CUSIPs subject to change] B -3 Board of Commissioners - November 2, 2015 ITEM: 2 -2-13 COUNTY OF NEW HANOVER, NORTH CAROLINA By: U.S. BANK NATIONAL ASSOCIATION, as escrow agent Undefeased Portion Of Certain Maturities Of $18,000,000 County of New Hanover, North Carolina General Obligation Parks and Recreation Bonds, Series 2008 The portion of the above - referenced Bonds maturing on and after June 1, 2016 that will remain outstanding are as follows: * CUSIP MATURITY RATE PRICE AMOUNT 64480OL69 June 1, 2016 3.75% 100% $720,000 64480OL77 June 1, 2017 3.75 100 720,000 64480OL85 June 1, 2018 4.00 100 720,000 64480OL93 June 1, 2019 4.00 100 720,000 64480OM27 June 1, 2020 4.00 100 720,000 64480OM35 June 1, 2021 4.00 100 1,055,000 64480OM43 June 1, 2022 4.00 100 1,055,000 64480OM50 June 1, 2023 4.00 100 1,055,000 64480OM68 June 1, 2024 4.00 100 1,055,000 64480OM76 June 1, 2025 4.00 100 1,055,000 64480OM84 June 1, 2026 4.00 100 1,055,000 64480OM92 June 1, 2027 4.10 100 1,055,000 64480ON26 June 1, 2028 4.10 100 1,055,000 64480ON34 June 1, 2029 4.25 100 905,000 * The County and the Escrow Agent shall not be responsible for the use of CUSIP numbers selected, nor is any representation made as to its correctness indicated in the notice or as printed on any certificate. It is provided solely for the convenience of the holders. Date: [As soon as practicable after the execution and delivery of the Escrow Agreement] To: EMMA, by posting electronically, in PDF format, to www.MSRB.org/msrbI/control/default.M. [CUSIPs subject to change] B -4 Board of Commissioners - November 2, 2015 ITEM: 2 -2-14 AMENDMENT TO AN INTERLOCAL AGREEMENT This AMENDMENT TO AN INTERLOCAL AGREEMENT dated as of November 10, 2015 (the `Amendment ") between the COUNTY OF NEW HANOVER, NORTH CAROLINA, a political subdivision of the State of North Carolina (the "County ") and the CITY OF WILMINGTON, NORTH CAROLINA, a municipal corporation organized under the laws of the State of North Carolina (the "City WI TNESSETH WHEREAS, under Article 20 of Chapter 160A of the North Carolina General Statutes, as amended (the Interlocal Act "), municipalities and counties are authorized to enter into interlocal cooperation undertakings with other local governments for the joint exercise of any power, function, public enterprise, right, privilege, or immunity of local governments in North Carolina; WHEREAS, the County and the City have previously executed and delivered an Interlocal Agreement dated as of July 18, 2006 (the "2006 Interlocal Agreement ") pursuant to which the City and the County agreed to cooperate in the financing of certain parks and recreation projects through a County general obligation bond referendum, a portion of which would be used to finance City Projects and Joint Projects (as defined in the 2006 Interlocal Agreement) and the City agreed to pay a portion of the debt service on the bonds issued pursuant to the 2006 Interlocal Agreement; WHEREAS, the County issued $18,000,000 General Obligation Parks and Recreation Bonds, Series 2008 (the "2008 Bonds ") on June 17, 2008 and the County issued $53,030,000 General Obligation Public Improvement Bonds, Series 2010A (the "2010 Bonds, " and together with the 2008 Bonds, the "Bonds ") on June 30, 2010, $16,315,000 of which were issued under the Parks and Recreation Bond Order adopted in 2006 and related to the 2006 Interlocal Agreement; WHEREAS, the City agreed to pay debt service on a portion of the Bonds to finance certain Joint Projects and City Projects, one of which was acquisition of a portion of the Water Street Parking Deck financed with a portion of the 2008 Bonds; WHEREAS, the City has entered into a Memorandum of Understanding with East West Partners Management Company, Inc. to redevelop the Water Street Parking Deck and in order to maintain the tax - exempt status of the interest on the 2008 Bonds, the City wishes to defease and redeem a portion of the City's obligation with respect to the 2008 Bonds related to the Water Street Parking Deck; WHEREAS, the City and the County plan to execute and deliver an Escrow Agreement dated as of November 10, 2015 among the County, the City and U.S. Bank National Association, as escrow agent, pursuant to which the City will transfer City funds for deposit in an Escrow Fund in order to defease and redeem a portion of the City's obligation with respect to the 2008 Bonds related to the Water Street Parking Deck; WHEREAS, in connection with the defeasance and redemption described herein, the parties agree to certain amendments to the Interlocal Agreement and desire to set forth their agreement herein; Board of Commissioners - November 2, 2015 ITEM: 2 - 3 - 1 NOW THEREFORE, the parties hereto agree as follows: ARTICLE I DEFINITIONS Except as provided herein, all defined terms contained in the 2006 Interlocal Agreement have the same meanings in this Amendment. In addition, the following words and terms, unless the context otherwise requires, have the following meanings: "Bonds " means, collectively, the 2008 Bonds and the 2010 Bonds. "City Payment Schedule" means the payment schedule attached hereto as Exhibit 1 which provides the City's obligations with respect to the City Projects and the Joint Projects, as such schedule may be amended over time. "County Payment Schedule" means the payment schedule attached hereto as Exhibit 2 which provides the County's obligations with respect to the County Projects and the Joint Projects, as such schedule may be amended over time. "Escrow Agreement" means an Escrow Agreement dated as of November 10, 2015 among the County, the City and U.S. Bank National Association, as escrow agent, pursuant to which the City will transfer City funds for deposit in an Escrow Fund in order to defease and redeem a portion of the 2008 Bonds related to improvements to the Water Street Parking Deck. "2008 Bonds" means the County of New Hanover, North Carolina General Obligation Parks and Recreation Bonds, Series 2008, originally issued in the aggregate principal amount of $18,000,000. "2010 Bonds" means the County of New Hanover, North Carolina General Obligation Public Improvement Bonds, Series 2010A, originally issued in the aggregate principal amount of $53,030,000, $16,315,000 of which were issued under the Parks and Recreation Bond Order adopted in 2006 and related to the 2006 Interlocal Agreement. "Water Street Parking Deck" means a parking deck owned by the City, acquisition of a portion of which was funded by a portion of the 2008 Bonds as a part of the City Projects. 2 Board of Commissioners - November 2, 2015 ITEM: 2 - 3 - 2 ARTICLE II AMENDMENTS Section 2.1 Amendments. (a) Section 3 of the Interlocal Agreement is hereby deleted and replaced with the following: "3. Financing of the Projects and Payment of the Bonds: a. Through the issuance of the general obligation bonds from time to time, the County has agreed to pay up to $21,100,000 for the City Projects and the Joint Projects. The County issued the 2008 Bonds on July 17, 2008 in the aggregate principal amount of $18,000,000 and the 2010 Bonds on June 30, 2010 in the aggregate principal amount of $53,030,000, $16,315,000 of which were issued under the Parks and Recreation Bond Order adopted in 2006 and related to the 2006 Interlocal Agreement. From the proceeds of these Bonds, the City agreed to pay debt service on $10,610,807.50 for the City Projects and $6,455,000.00 for the Joint Projects and the County agreed to pay debt service on $12,699,192.50 for the County Projects, $3,650,000.00 for the Joint Projects and $900,000 on parks projects in Carolina Beach, Kure Beach and Wrightsville Beach pursuant to an interlocal agreement between the County and those towns. b. In connection with the execution and delivery of this Amendment, the County and the City will execute and deliver an Escrow Agreement with the escrow agent designated therein pursuant to which the City will deposit City funds in the Escrow Fund created therein to defease and redeem a portion of the 2008 Bonds related to the Water Street Parking Deck (the "Defeased Bonds"), one of the City Projects. The funds on deposit in the Escrow Fund will pay maturing principal and interest on the portion of the Defeased Bonds until June 1, 2018 at which time the funds remaining in the Escrow Fund shall be used to redeem the Defeased Bonds maturing on and after June 1, 2019. c. The City's debt service payment obligations for the City Projects and the Joint Projects following execution and delivery of this Amendment are provided on the City Payment Schedule attached hereto as Exhibit 1. The County's debt service payment obligations for the County Projects, the Joint Projects [and the projects in Carolina Beach, Kure Beach and Wrightsville Beach] following execution and delivery of this Amendment are provided on the County Payment Schedule attached hereto as Exhibit 2. (b) Exhibit C to the 2006 Interlocal Agreement is hereby deleted. ARTICLE III MISCELLANEOUS Section 3.1 Amendment. This Amendment may be amended through a supplement approved in writing by the City and the County. Board of Commissioners - November 2, 2015 ITEM: 2 - 3 - 3 Section 3.2 Severability. If any section of this Amendment is deemed to be illegal or otherwise unenforceable, it is the intent of the parties hereto that all other provisions of this Amendment shall remain in full force and effect. Section 3.3 Governing Law. This Amendment is to be governed by and interpreted in accordance with the laws of the State of North Carolina. Section 3.4 Time is of the Essence. Time is of the essence in this Amendment. Section 3.5 Execution in Multiple Counterparts. This Amendment may be executed in multiple counterparts, each of which constitutes a completed document. Section 3.6 Effective Date. This Amendment takes effect on its execution by the City and the County. [SIGNATURES CONTINUE ON THE FOLLOWING PAGE] 4 Board of Commissioners - November 2, 2015 ITEM: 2 - 3 - 4 IN WITNESS WHEREOF, the Mayor of the City and the Chairman of the Board of Commissioners of the County have each executed this Amendment to evidence the agreement of the parties hereto and the City Clerk and the Clerk to the Board of County Commissioners have affixed the seal of the City and the County, as applicable, this Amendment. CITY OF WILMINGTON, NORTH CAROLINA [SEAL] Mayor ATTEST: City Clerk APPROVED AS TO FORM: William E. Wolak, City Attorney FINANCE OFFICER'S CERTIFICATION STATEMENT This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Date: Debra H. Mack, CLGFO Finance Director Project Number: Account Number: Amount of Contract $ Requisition /PO Number Federal ID Number: 56- 6000239 [Counterpart Signature Page to the Interlocal Amendment] Board of Commissioners - November 2, 2015 ITEM: 2 - 3 - 5 COUNTY OF NEW HANOVER, NORTH CAROLINA [SEAL] Jonathan Barfield, Jr., Chairman ATTEST: Clerk to the Board of County Commissioners APPROVED AS TO FORM: Wanda Copley, County Attorney FINANCE OFFICER'S CERTIFICATION STATEMENT This instrument has been pre- audited in the manner required by the Local Government Budget and Fiscal Control Act. Lisa Wurtzbacher Finance Director Date: Ce Board of Commissioners - November 2, 2015 ITEM: 2 - 3 - 6 EXHIBIT 1— CITY PAYMENT SCHEDULE DATE PRINCIPAL INTEREST TOTAL 12/01/15 $ 169,223.75 $169,223.75 02/01/16 87,421.28 87,421.28 06/01/16 $ 470,000.00 169,223.75 639,223.75 08/01/16 253,057.50 87,421.28 340,478.78 12/01/16 160,411.25 160,411.25 02/01/17 83,625.41 83,625.41 06/01/17 470,000.00 160,411.25 630,411.25 08/01/17 253,057.50 83,625.41 336,682.91 12/01/17 151,598.75 151,598.75 02/01/18 79,829.55 79,829.55 06/01/18 470,000.00 151,598.75 621,598.75 08/01/18 253,057.50 79,829.55 332,887.05 12/01/18 142,198.75 142,198.75 02/01/19 74,768.40 74,768.40 06/01/19 470,000.00 142,198.75 612,198.75 08/01/19 253,057.50 74,768.40 327,825.90 12/01/19 132,798.75 132,798.75 02/01/20 69,707.25 69,707.25 06/01/20 470,000.00 132,798.75 602,798.75 08/01/20 253,057.50 69,707.25 322,764.75 12/01/20 123,398.75 123,398.75 02/01/21 63,380.81 63,380.81 06/01/21 680,000.00 123,398.75 803,398.75 08/01/21 253,057.50 63,380.81 316,438.31 12/01/21 109,798.75 109,798.75 02/01/22 57,054.38 57,054.38 06/01/22 680,000.00 109,798.75 789,798.75 08/01/22 253,057.50 57,054.38 310,111.88 12/01/22 96,198.75 96,198.75 02/01/23 50,727.94 50,727.94 06/01/23 680,000.00 96,198.75 776,198.75 08/01/23 253,057.50 50,727.94 303,785.44 12/01/23 82,598.75 82,598.75 02/01/24 44,401.50 44,401.50 06/01/24 680,000.00 82,598.75 762,598.75 08/01/24 253,057.50 44,401.50 297,459.00 12/01/24 68,998.75 68,998.75 02/01/25 38,075.06 38,075.06 06/01/25 680,000.00 68,998.75 748,998.75 08/01/25 253,057.50 38,075.06 291,132.56 12/01/25 55,398.75 55,398.75 02/01/26 31,748.63 31,748.63 06/01/26 680,000.00 55,398.75 735,398.75 7 Board of Commissioners - November 2, 2015 ITEM: 2 - 3 - 7 DATE PRINCIPAL INTEREST TOTAL 08/01/26 253,057.50 31,748.63 284,806.13 12/01/26 41,798.75 41,798.75 02/01/27 25,422.19 25,422.19 06/01/27 680,000.00 41,798.75 721,798.75 08/01/27 253,057.50 25,422.19 278,479.69 12/01/27 27,858.75 27,858.75 02/01/28 19,095.75 19,095.75 06/01/28 680,000.00 27,858.75 707,858.75 08/01/28 254,610.00 19,095.75 273,705.75 12/01/28 13,918.75 13,918.75 02/01/29 12,730.50 12,730.50 06/01/29 655,000.00 13,918.75 668,918.75 08/01/29 254,610.00 12,730.50 267,340.50 02/01/30 6,365.25 6,365.25 08/01/30 254,610.00 6,365.25 260,975.25 TOTAL $12,245,520.00 $4,241,107.80 $16,486,627.80 Board of Commissioners - November 2, 2015 ITEM: 2 - 3 - 8 EXHIBIT 2 — COUNTY PAYMENT SCHEDULE DATE PRINCIPAL INTEREST TOTAL 12/01/15 $ 90,062.50 $90,062.50 02/01/16 194,128.73 194,128.73 06/01/16 $ 250,000.00 90,062.50 340,062.50 08/01/16 561,942.50 194,128.73 756,071.23 12/01/16 85,375.00 85,375.00 02/01/17 185,699.59 185,699.59 06/01/17 250,000.00 85,375.00 335,375.00 08/01/17 561,942.50 185,699.59 747,642.09 12/01/17 80,687.50 80,687.50 02/01/18 177,270.45 177,270.45 06/01/18 250,000.00 80,687.50 330,687.50 08/01/18 561,942.50 177,270.45 739,212.95 12/01/18 75,687.50 75,687.50 02/01/19 166,031.60 166,031.60 06/01/19 250,000.00 75,687.50 325,687.50 08/01/19 561,942.50 166,031.60 727,974.10 12/01/19 70,687.50 70,687.50 02/01/20 154,792.75 154,792.75 06/01/20 250,000.00 70,687.50 320,687.50 08/01/20 561,942.50 154,792.75 716,735.25 12/01/20 65,687.50 65,687.50 02/01/21 140,744.19 140,744.19 06/01/21 375,000.00 65,687.50 440,687.50 08/01/21 561,942.50 140,744.19 702,686.69 12/01/21 58,187.50 58,187.50 02/01/22 126,695.63 126,695.63 06/01/22 375,000.00 58,187.50 433,187.50 08/01/22 561,942.50 126,695.63 688,638.13 12/01/22 50,687.50 50,687.50 02/01/23 112,647.06 112,647.06 06/01/23 375,000.00 50,687.50 425,687.50 08/01/23 561,942.50 112,647.06 674,589.56 12/01/23 43,187.50 43,187.50 02/01/24 98,598.50 98,598.50 06/01/24 375,000.00 43,187.50 418,187.50 08/01/24 561,942.50 98,598.50 660,541.00 12/01/24 35,687.50 35,687.50 02/01/25 84,549.94 84,549.94 06/01/25 375,000.00 35,687.50 410,687.50 08/01/25 561,942.50 84,549.94 646,492.44 12/01/25 28,187.50 28,187.50 02/01/26 70,501.38 70,501.38 06/01/26 375,000.00 28,187.50 403,187.50 08/01/26 561,942.50 70,501.38 632,443.88 I Board of Commissioners - November 2, 2015 ITEM: 2 - 3 - 9 DATE 12/01/26 02/01/27 06/01/27 08/01/27 12/01/27 02/01/28 06/01/28 08/01/28 12/01/28 02/01/29 06/01/29 08/01/29 02/01/30 08/01/30 TOTAL PRINCIPAL INTEREST TOTAL 10 Board of Commissioners - November 2, 2015 ITEM: 2 - 3 - 10 20,687.50 20,687.50 56,452.81 56,452.81 375,000.00 20,687.50 395,687.50 561,942.50 56,452.81 618,395.31 13,000.00 13,000.00 42,404.25 42,404.25 375,000.00 13,000.00 388,000.00 565,390.00 42,404.25 607,794.25 5,312.50 5,312.50 28,269.50 28,269.50 250,000.00 5,312.50 255,312.50 565,390.00 28,269.50 593,659.50 14,134.75 14,134.75 565,390.00 14,134.75 579,524.75 $12,939,480.00 $4,752,092.26 $17,691,572.26 10 Board of Commissioners - November 2, 2015 ITEM: 2 - 3 - 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2015 CONSENT DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Finance Director CONTACT(S): James Derseraux, Equipment Shop Superintendent and Carrie Buttles, Purchasing Agent SUBJECT: Adoption of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statutes - Chapter 160A Article 12 BRIEF SUMMARY: Chapter 160A Article 12 of the North Carolina General Statutes governs the sale and disposition of surplus property. Currently, the New Hanover County Sheriffs department has a 2005 Ford Expedition that is surplus to operations. This vehicle has been replaced with a more fuel efficient vehicle. This vehicle has over 127,000 miles, incurs a high amount of maintenance costs, and is not fuel efficient. It is not a vehicle the County recommends to repurpose for another County department. Staff proposes to dispose of this personal property according to the procedures prescribed in Chapter 160A- 270(c) which authorizes the disposal of personal property electronically using an existing private or public electronic auction service. Staff proposes to utilize the services of GovDeals, an online internet based provider servicing governmental entities. Any items not sold electronically may be disposed of by any other method authorized by the Statutes including discarding. STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Declare property surplus and adopt resolution authorizing the sale of the vehicle electronically using GovDeals or disposal by any other method authorized by NC General Statutes including discarding. ATTACHMENTS: Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. K ]►1101 Fs`f11 M►1I1.MAT I Y 161►6`A Approved 5 -0. Board of Commissioners - November 2, 2015 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DISPOSAL OF 2005 FORD EXPEDITION WHEREAS, New Hanover County Sheriff's department owns a 2005 Ford Expedition that is no longer functional for governmental purposes by the County; and WHEREAS, the referenced property has been replaced with a more fuel efficient vehicle according to the County's replacement policy covering certain equipment; and WHEREAS, New Hanover County Board of Commissioners is desirous of declaring this property surplus and disposing of as authorized by North Carolina General Statute (NCGS) 160A- Article 12; and WHEREAS, it is the intent of the County to sell said surplus property by electronic public auction according to the procedures prescribed in NCGS 160A- 270(c) which authorizes the disposal of personal property electronically using an existing private or public electronic auction service; and WHEREAS, items not sold by electronic means will be disposed of using any other method authorized in the NCGS 160A- Article 12 including discarding the items. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners: That the 2005 Ford Expedition be declared surplus property. That the Finance Director's designated representative, pursuant to the provisions of G. S. 160A- 270(c), is hereby authorized to dispose of the personal property. All surplus property will be sold "as is ", all sales will be final. New Hanover County makes no express or implied warranties of merchantability of any surplus property, or part thereof, or its fitness for any particular purpose regardless of any oral statements that may be made concerning the surplus property or any part thereof. That County staff is directed to process any required documents to complete the transaction. A notice summarizing this resolution and the sale of the surplus property shall be advertised on the County's website at least ten (10) days prior to the electronic auction. ADOPTED this the 2nd day of November, 2015. NEW HANOVER COUNTY Jonathan Barfield, Jr., Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - November 2, 2015 ITEM: 3 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2015 REGULAR DEPARTMENT: Commissioners PRESENTER(S): Commissioner Zapple CONTACT(S): Commissioner Zapple SUBJECT: Consideration of a Letter of Support for the Carolina Beach Boardwalk Extension BRIEF SUMMARY: Commissioner Zapple spoke with Steve Shuttleworth about the Carolina Beach boardwalk extension and the comments made by those who have concerns. The members of the Carolina Beach Town Council have worked very hard to address those concerns and Commissioner Zapple believes they have done a good job of creating a plan that will work for most, if not all, the adjacent property owners and members of the community. The existing boardwalk has been a terrific success for Carolina Beach and New Hanover County, and is very popular with business owners and the vast majority of the community. The Division of Coastal Management is accepting letters for and against the Town's request for a variance. The variance hearing is scheduled for November 17, 2015 in Atlantic Beach, NC. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Enhance and add recreational, cultural and enrichment amenities RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize the Chairman to sign a letter of support for the extension of the Carolina Beach boardwalk. ATTACHMENTS: Letter of Support COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider the request. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - November 2, 2015 ITEM: 4 � N i A- O � n O November 2, 2015 Mr. Braxton Davis NEW HANOVER COUNTY Jonathan Barfield, Jr. BOARD OF COMMISSIONERS chairman Beth Dawson 230Government Center Drive, Suite 175 Uce- Chairman Wil min gton, NC 28403 bodyftlte (91 0) 7 9 8 71 4 9 commissioner (91 0 ) 798-7 1 4 5 FAX Skip Mtkins W w w. n h c g o v.c o m Commissioner Rob Zapple Commissioner Director Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28577 Dear Mr. Davis: Please accept this letter of support for the extension of the boardwalk at Carolina Beach from New Hanover County, North Carolina. The New Hanover County Board of Commissioners approved funding on August 19, 2013 to improve and expand the boardwalk. The project has the support of our Board and we encourage a favorable decision in the permitting process. Please contact us if we may provide additional information for your consideration. Sincerely, Jonathan Barfield, Jr. Chairman Board of Commissioners - November 2, 2015 ITEM: 4 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2015 REGULAR DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher, Chief Financial Officer and Jennifer Maready, Deputy Chief Financial Officer SUBJECT: Fiscal Year 2016 First Quarter Results BRIEF SUMMARY: On a quarterly basis, County staff updates the Board of County Commissioners on the financial status of the County. The first quarter of 2016 will be presented which extends from July 1, 2015 through September 30, 2015. Final results from fiscal year 2015 will be presented by the County's independent auditing firm once the audit is completed and the financial statements are finalized, which is expected in December 2015. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear the presentation. ATTACHMENTS: First Quarter Financial Information First Quarter Executive Summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear the presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners - November 2, 2015 ITEM: 5 �m ❑ <.m rvrv� N m� �Y �rvrv��rvm rva ry �m ❑ �m ry �! - E o u E - E - ❑ 0 - u 2 C 2 r w O u w o z Z l7 w o ❑ u R°m ti ry w ml ti o c ry ry ti ti w d o ❑ u R °m m Y ° LL ti a N N O N O } M F cc N — O sr a " - u m N EE cc x 2 c EE z v , M ^ W z _ s z _:? a LL — � >vr ra 3 Z � LL - C l7 z Board of Commissioners - November 2, 2015 ITEM: 5 - 1 - 1 z ƒ §.� cc E z !l� !zk zoo -cc 12 | \ {0 < o !3 ! 0 _ \ ) \0 -.1 '0 50 / Board of Commissioners - November 2, 2015 ITEM: 5U2 }) ��� }k �� 6 6 6 6 uo r° r `2 m Nm `2 \ \ }) \ \ \ 2 \ \� / r° r lw \k \ \. \\ \ \ }\ \)u \ \ ; ;))f±{{\ )) \\{)� ! -cc 12 | \ {0 < o !3 ! 0 _ \ ) \0 -.1 '0 50 / Board of Commissioners - November 2, 2015 ITEM: 5U2 }) ��� }k �� 6 6 6 6 r° r Im Mm \ \ }) \ \ \ 2 \ \� / lw -cc 12 | \ {0 < o !3 ! 0 _ \ ) \0 -.1 '0 50 / Board of Commissioners - November 2, 2015 ITEM: 5U2 \ � \ Board of Commissioners - November 2, 2015 ITEM: 5Ug § ) r) rt #{ !SS } #\ } } E E - 0 09 (\� \ � \ Board of Commissioners - November 2, 2015 ITEM: 5Ug § ) E E - 0 09 (\� \ \ -\ - !l� � / Zlz ! \ � \ Board of Commissioners - November 2, 2015 ITEM: 5Ug NEW HANOVER COUNTY FINANCIAL SUMMARY QUARTER ENDED SEPTEMBER 30, 2015 INTRODUCTION: Attached is a brief fiscal summary for select New Hanover County funds for the quarter ended September 30, 2015. Included is a summary of revenues and expenditures as recorded by the County for the General, Debt Service, Environmental Management, and Fire Services Funds. Unaudited information is presented for the fiscal year ended June 30, 2015 for comparison purposes. This information is provided to help keep you abreast of the financial status of the County on a regular basis throughout the fiscal year. Data provided by fund includes: • Actual revenues and expenditures for the previous fiscal year ended June 30, 2015; • Budget revenues and expenditures for the current fiscal year ending June 30, 2016; • Actual revenues and expenditures as of the end of the quarter for both fiscal years; • Percentage of actual revenues /expenditures received /spent for the same period the previous fiscal year; • Percentage of budget revenues /expenditures received /spent for the current fiscal year; and • Graphical comparison of actual amounts as a percent of budget for both fiscal years presented. GENERAL FUND HIGHLIGHTS: As the chart highlights, many revenues are not received, nor expenses paid, evenly throughout the year. • The bulk of ad valorem taxes are received in December and January, as real property taxes are not considered late and subject to interest until after January 5, 2016. Collections year to date more than double the prior year collections. This is due to the timing of payments by taxpayers. • Sales taxes are received from the State two and one half months following the month in which they are collected by the vendors across North Carolina. Thus, no sales tax has been received through the first quarter. • Economic & Physical Development, Debt Service, and Transfers are not distributed evenly by month. Rather, expenditures are paid when due. • Other operating expenditures appear in line with expectations. ENVIRONMENTAL MANAGEMENT FUND HIGHLIGHTS: As with the General Fund, many revenues and expenses do not fall evenly throughout the year for Environmental Management. • Charges for Services, or tipping fees, are in line with expectations. • Intergovernmental Revenue is not evenly distributed by month. Rather, it is recorded when received and consists of State revenues for tire rebate, white goods disposal, and solid waste disposal funds. • Transfers among activities are recorded when funding is required. Budgeted transfers for Capital Projects have been recorded for fiscal year 2016. • Debt service and capital expenses occur when related capital assets are needed. FIRE SERVICES FUND HIGHLIGHTS: Again, as with the General Fund, many revenues and expenses do not fall evenly throughout the year for Fire Services: • The bulk of ad valorem taxes are received in December and January, as property taxes are not considered late and subject to interest until after January 5, 2016. Collections year to date more than double the prior year collections. This is due to the timing of payments by taxpayers. • Sales taxes are received from the State two and one half months following the month in which they are collected by the vendors across North Carolina. Thus, no sales tax has been received through the first quarter. • Debt Service and Capital Expenses are not evenly distributed by month throughout the year. Rather, expenses are paid when due and revenues recorded when received. • Some operating expenses are not paid evenly over the year, rather they are paid when due. Rents, contracted services, repairs, and uniforms were paid in greater proportion in the first half of the fiscal year. In addition, payment to the general fund for interdepartmental services was transferred in July for the full year. Board of Commissioners - November 2, 2015 ITEM: 5 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2015 REGULAR DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher, Chief Financial Officer and John Limberger, Fiscal Support Supervisor SUBJECT: Public Hearing on Bald Eagle Lane Assessment BRIEF SUMMARY: On October 1, 2012, the Board of County Commissioners adopted a preliminary assessment resolution for Bald Eagle Lane Water Improvement project. The project has been completed and the Board determined final costs to be assessed of $210,511 on October 19, 2015. G.S. 153A -195 requires that the Board conduct a public hearing to hear all interested persons with respect to any matters covered by the preliminary assessment roll. The assessment per parcel will be $1,042.13. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Innovate programs to protect the environment • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Conduct a public hearing and annul, modify, or confirm the assessments as appropriate. If confirmed, direct staff to publish a Notice of Confirmation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct a public hearing and annul, modify, or confirm the assessments as appropriate. If confirmed, direct staff to publish a Notice of Confirmation. COMMISSIONERS' ACTIONS: Conducted a public hearing, confirmed the assessment roll and directed staff to publish a Notice of Confirmation 5 -0. Board of Commissioners - November 2, 2015 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2015 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (PB Representative: Anthony Prinz, Vice Chair) CONTACT(S): Brad Schuler; Ben Andrea, Current Planner & Zoning Supervisor; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Rezoning Application (Z -945, 10/15) — Request by David Harner of Paramount Development Corporation on Behalf of the Property Owner, Thalia Dukes, and Lawrence S. Craige, Legal Guardian, to Rezone 8.1 Acres Located at the 6700 Block of Gordon Road from R -15, Residential District, to B -2, Highway Business District BRIEF SUMMARY: The subject property includes five parcels of land totaling 8.1 acres located at the 6700 block of Gordon Road, approximately 1,000 feet west of the intersection with Market Street. The zoning in the vicinity consists mostly of industrial, residential, and business districts. Adjoining the property to the west and south is the Dutch Square Industrial Park. To the north is Eaton Elementary School and the Cape Harbor apartment complex. Commercial zoning and uses are located to the east, along Market Street and Military Cutoff. The property also borders land within the City of Wilmington which too contains a variety of commercial uses. The property is classified as Urban according to the 2006 CAMA Land Use Plan. The purpose of the Urban class is to provide for continued intensive development and redevelopment of existing urban areas. The rezoning proposal is in alignment and with the principles and strategies of the draft comprehensive land use plan, which is currently under development. As this application is not for a conditional zoning district or a conditional use zoning district, a conceptual site plan is not required to be submitted, and conditions above and beyond the requirements of the zoning ordinance cannot be added to the proposed district. Should this rezoning be approved, the property would be allowed to be developed in accordance with the standards of the B -2 zoning district within the zoning ordinance. At their October 1, 2015 meeting, the Planning Board voted 5 -1 to recommend approval of the application, finding that the application is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the "Urban" Land Use Classification allows for continued extensive development and redevelopment of the existing urban areas. 2. Reasonable and in the public interest because the application includes land near an existing commercial node with access to an arterial street which is suited for urban development, and because it is also consistent with the land use plan's implementation strategies. Board of Commissioners - November 2, 2015 ITEM: 7 STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval and suggests the following motion: Motion to approve, as the Board of Commissioners find that this application for a zoning map amendment of 8.1 acres from R -15, Residential District, to B -2, Highway Business District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the "Urban" land use classification allows for continued extensive development and redevelopment of existing urban areas, and because the application includes land near an existing commercial node with access to an arterial street which is suited for urban development, which is consistent with the Land Use Plan's implementation strategies. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them at major intersections or along major thoroughfares, and because Gordon Road was recently rated as having a "D" Level of Service which is generally assumed to be an acceptable and safe level of service, and because there are existing plans to improve and widen Gordon Road. ATTACHMENTS: Z -945 Script for BOC Z -945 Petition Summary Z -945 Staff Summary Z -945 Neighbor Properties Map Z -945 Zoning - Aerial Map Z -945 CAMA Map Z -945 Water -Sewer Map Applicant Materials Cover Z -945 Application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - November 2, 2015 ITEM: 7 SCRIPT FOR Zoning Map Amendment Application (Z -945, 10/15) Request by David Harner of Paramount Development Corporation on behalf of the property owner, Thalia Dukes and Lawrence S. Craige, legal guardian, to rezone 8.1 acres located at the 6700 block of Gordon Road from R -15, Residential District, to B -2, Highway Business District. The property is classified as Urban according to the 2006 LAMA Land Use Plan. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination/ rebuttal (up to 5 minutes) e. Opponent's cross examination/ rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Commissioners discussion 5. If a rezoning request 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. At this time, you may ask to either continue the application to a future meeting, or to proceed with this Board deciding whether to grant or deny the application. What do you wish to do? 6. Vote on the zoning map amendment application. The motion should include a statement saying how the change is, or is not, consistent with Board of Commissioners - November 2, 2015 ITEM: 7 - 1 - 1 the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to recommend approval, as the Board of Commissioners finds that this application for a zoning map amendment of 8.1 acres from R -15, Residential District, to B -2, Highway Business District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the "Urban" land use classification allows for continued extensive development and redevelopment of existing urban areas, and because the application includes land near an existing commercial node with access to an arterial street which is suited for urban development, which is consistent with the Land Use Plan's implementation strategies. 2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by locating them at major intersections or along major thoroughfares, and because Gordon Road was recently rated as having a "D" Level of Service which is generally assumed to be an acceptable and safe level of service, and because there are existing plans to improve and widen Gordon Road. Board of Commissioners - November 2, 2015 ITEM: 7 - 1 - 2 Case Z- 945, (10/15) Rezone from R -15, Residential District, to B -2, Highway Business District Petition Summary Data Parcel Location & Acreage: 6700 Block of Gordon Road, 8.1 acres Petitioner /Owner: David E. Harner on behalf of Thalia Dukes and Lawrence Craige Existing Land Use: Undeveloped /single - family residential Zoning History: August 18, 1971 - Initially zoned R -15 via Area 6 Land Classification: Urban Water Type: Public Sewer Type: Public Recreation Area: Ogden Park Access: The site has access to Gordon Road Fire District: New Hanover County North Watershed & Water Quality Classification: Smith Creek (C;Sw) Conservation /Historic/ Archaeological Resources: None Soils and Septic Suitability: Murville fins sand (Mu) - Class III: Severe Limitation Leon soil (Le) - Class III: Severe Limitation Schools: Blair Elementary, Trask Middle, Laney High Z -945, 10/15 Page 1 of 1 Board of Commissioners - November 2, 2015 ITEM: 7 - 2 - 1 ZONING MAPAM ENDM ENTAPPLICA -nON CASE: Z-945,10/15 PE1111ONER David Harner of Paramount Development Corporation on behalf of the property owner, Thalia Dukes, and Lawrence Craige, legal guardian. REQUEST: Fezone from R-1 5, Residential District, to B-2, Highway Business District ACREAGE 8.1 acres LOCA11ON: 6700 Block of Gordon Fbad RD: F U4003- 007 - 003 -000 F;D4300- 007 - 004 -000 F;D4300- 007 - 002 -000 F;D4300- 007 - 005 -001 F;D4300- 007 - 002 -002 LAND CLASS Urban PLANNING BOARD ACTION: At their October 1, 2015 meeting, the Panning Board voted 5 -1 to recommend approval of the rezoning, finding that the application is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the "Urban" Land Use Classification allows for continued extensive development and redevelopment of the existing urban areas. 2. R-,asonable and in the public interest because the application includes land near an existing commercial node with access to an arterial street which is suited for Urban development, and because it is also consistent with the land use plan's implementation strategies. EXISTING CONDIl1ONS ExistinaZoninaand Land Uses The subject property includes five parcels of land totaling 8.1 acres located at the 6700 block of Gordon Fbad, approximately 1,000 feet west of the intersection with Market Sreet. The property wasoriginally zoned R-1 5 when zoning was initially applied to this area in 1971. The zoning in the vicinity consists mostly of industrial, residential, and business districts. Adjoining the property to the west and south is the Dutch Square Industrial Park. To the north is Eaton Bementary School and the Cape Harbor apartment complex. Commercial zoning and uses are located to the east, along Market Sreet and Military Cutoff. The property also borders land within the City of Wilmington which too contains a variety of commercial uses. Board of Commissioners - November 2, 2015 ITEM: 7 - 3 - 1 o °S. -IONS Existing Ste Conditions The property proposed to be reamed consists of five parcels of land. Four of the parcels are currently undeveloped, and one parcel contains a single- family dwelling. The property has frontage on, and is accessed by Gordon Fbad. Community Sarvices Water and Sewer: The property is within the Urban Sarvices boundary, and water and sewer infrastructure is located along Gordon Fbad. Fire Protection: 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 Blair Bementary, Trask Middle, and Laney High schools. Aerial ol s , Board of Commissioners - November 2, 2015 ITEM: 7 - 3 - 2 OOS. -]off- Conservation, Historic, and Archaeological Fbsources The subject property does not host any known conservation, historic, or archaeological resources. PETITIONER'S REQUEST: The petitioner isseekingto rezone the 8.1 acrescurrently zoned R-1 5, Fbsidential District, to B-2, Highway Business District. STAFF POSTION: Zoning and Sibdivision Ordinance Considerations As this application is not for a conditional zoning district or a conditional use zoning district, a conceptual site plan is not required to be submitted, and conditionsabove and beyond t he requirementsof t he rani ng ordinance cannot be added to the proposed district. Should this rezoning be approved, the property would be allowed to be developed in accordance with the standards of the B-2 zoning district within the zoning ordi nance. Traffic The Wilmington Metropolitan Planning Organization (WM PO) conducted a traffic count in J-anuaryof 2014 at the 6700 block of Gordon Fbad. The count yielded an Average Daily Traffic (AD-0 of 22,987 trips, which equates to a "D" Level of Service (LOS) for that portion of Gordon Fbad. According to the County's adopted Traffic Impact Sudy Sandardsguidebook, a LOS of "D" is generally assumed to be an acceptable and safe level of service. The 2016 -2025 State Transportation Improvements Program includes a project to widen Gordon Fbad from the NC132 interchange ramp to west of US17 Business (Market Street). Construction of the project is planned to begin in 2024, however it iscurrently unfunded. Amedian will also be installed along Gordon Fbad, east of the subject property, in accordance with plans for the Military Cutoff extension. Any proposed development oft he property that will generate more than 100 peak hour trips will require a Traffic Impact Analysis(TIA) be completed. - nAsare reviewed bythe County, WM PO, and North Carolina Department of Transportation, and may necessitate roadway improvements. Fegardless of peak hour trip generation, any new useswould be scoped for traffic impactsduring the driveway permitting process. Environmental The area proposed to be rezone is not within a Special Rood Hazard Area and contains Class III soils. Class III soils have severe limitations for septic suitability and may require extensive modification and intensive maintenance to accommodate septic system. Board of Commissioners - November 2, 2015 ITEM: 7 - 3 - 3 Land Use Plan Classification SuNWO s.4 ©,dos. .., p � Wetland Resource Protection Area yoR �o� Transitions ;o °° � h � i a'�1�t �]✓ Fir r •. 4� Watershed Resource P5te'c lllr �Il�illh �,P Y � Y -945 Land Use Ran Considerations The property is classified as Urban a000rdi ng to the 2006 LAMA Land Use Ran. The purpose of the Urban dass isto provide for continued intensive development and redevelopment of existing urban areas. IEVI E111 AN D ACTION: This request has been processed and reviewed per Section 110 — Amending the Ordinance. Staff recommends the approval of the application as requested. Staff concludes that the application is consistent with the 2006 Wilmington -New Hanover County CAMA Land Use Ran. Asthe application seeks to expand a commercial node located along a major intersection, it complies with Implementation Strategies4.3.1 and 4.3.6 of the CAMA Land Use Ran: Implementation Sfrategy 4.3.1: Locate regional commercial nodes at major intersections consistent with the Land Oassification Map, the Wilmington Future Land Use Flan, and corridor plans to accommodate uses that serve a regional market. Implementation Sfrategy4.3.6: Locate commercial centers to provide communitylevel service and trade needs at key intersections or on major thoroughfares with appropriate performance and design requirements Action Needed • Motion to approve the petitioner's application • Motion to "table" the application in order to receive more information • M otion to deny the petitioner's application based on specific reasons Example Motion for Approval: Motion to approve, asthe Board of Commissionersfind that t his appl ication for azoning map amendment of 8.1 acres from R-1 5, R-,sidential District, to B-2, Highway Business District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Ran because Describe elements of controlling land use plans and how the amendment is consistent). Board of Commissioners - November 2, 2015 ITEM: 7 - 3 - 4 o °S. -109:1 2. Fbasonable and in the public interest because fBriefly 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 nd that t his appl icat i on for azoning map amendment of 8.1 acres from R15, Fbsidential District, to B-2, Highway Busi ness Di st ri ct as described is: 1. Not Consistent with the purposes and intent of 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, asthe Board of Commissioners fi nd that t hi s appl icat i on for azoning map amendment of 8.1 acres from R 15, Fbsidential District, to B-2, Highway Business District as described is: 1. Consistent with the purposes and intent of the 2006 LAMA Land Use Ran because the "Urban" land use d assifi cat ion al lows for continued ext ensive development and redevelopment of existing urban areas, and because the application includes land near an existing commercial node with access to an arterial street which is suited for urban development, which is consistent with the Land Use Plan's implementation strategies. 2. Fbasonable and in the public interest because it maximizes the effectiveness of commercial uses by locatingthem at major intersectionsor along major thoroughfares, and because Gordon Fbad was recently rated as having a "D" Level of Service which is generally assumed to be an acceptable and safe level of service, and becausethere are existing plansto improve and widen Gordon Fbad. Board of Commissioners - November 2, 2015 ITEM: 7 - 3 - 5 Ln N OC m H E y Oq c C c O C O Z O N N L OD 01 C 0 - O H O. 'X O w o. c N � gut u m E 3 c r O V d ++ CC c 3 In O y V N O m N O. D N m d N N E N d 7 OD m C cu d O E N Q .. 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M O 10 M III N IN M ^ IN M 00 N M N %0 N r M M N 0 O O t\ O O ^� O O N O M co N M .O 7 N M / N N / \ N M Y M M 0 0 0 0 Board of Commissioners - November 2, 2015 ITEM: 7 - 4 - 1 h w 0 0 o ¢ � z o o 0 r r z° 0 0 0 0 0 0 0 0 o r v r r a y r Fr- C v e a O w w O IV O w w O Y w w w 0 0 0 0 0 0 w O O 0 Y w Q O O a Z Z° Z O O O O O O O O a O Z U M M rn O O O O D O M O M M l0 N T O of CO M O CO C O l0 l0 n n M l0 M T c-I CO N n n CO CO n n n O CO n O CO n n n n n CO n n n CO n O n l0 l0 l0 l0 l0 l0 N l0 l0 N l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 l0 N l0 z 'z Q a l0 n CO M O .--i N M T ul 0 0 0 0 0 I� CO M 0 N N N N N M M M M M M a K K K K K K 0 0 0 0 0 0 0 0 0 0 0 0 0 ° °z ° ° r r °z ° v z z a z a a o w z z a w z w m w w w 0 0 0 w 0 w w Q 0 o O O O r o o O O o o o z z z z (D z O a 0 m im Nm ti vi ° o 1 °� o m io vi CO CO CO O CO CO CO CO O CO CO N LL l0 l0 l0 l0 l0 l0 l0 N l0 l0 l0 l0 l0 l0 l0 O l0 l0 l0 l0 N l0 l0 l0 t. O O O .-I N M C l(1 l0 n D7 Ol O ON N N N N . . . . . . . . . . � t to N U a O 7 O. M O 10 M III N IN M ^ IN M 00 N M N %0 N r M M N 0 O O t\ O O ^� O O N O M co N M .O 7 N M / N N / \ N M Y M M 0 0 0 0 Board of Commissioners - November 2, 2015 ITEM: 7 - 4 - 1 h w 0 0 Board of Commissioners - November 2, 2015 ITEM :7 -5 -1 Board of Commissioners - November 2, 2015 ITEM :7 -6 -1 Board of Commissioners - November 2, 2015 ITEM :7 -7 -1 APPLICANT MATERIALS Board of Commissioners - November 2, 2015 ITEM: 7 - 8 - 1 NEW HANOVER COUNTY PLANNING & INSPECTIONS Application for ZONINGMAPAMENDMENT 230 Government Center Drive Suite 110 Wilmington, NC 29403 910.799 -7165 phone 910- 798 -7053 tax www.nhcgov.com Petitioner Information Property Owner(s) Subject Property If d1fJerent than Petkioner Name Owner Name �ar�soti Address David E. Hamer, CCIM Thalia Dukes da.o#v*a Gwft 8770 Gordon Road Company Owner Name 2 1 Parcel ID(s) Paramount Development Corporation C/O Lawrence S. Craige. Guardian Multiple (see attached) Address Address Area 07 Brierwood Drive, Suite 5 701 Market Street 8.1 acres City, state, Zip City, State, Zip Existing Zoning and Use Myrtle Beach, SC 29572 Wilmington. NC 28401 R -15 Phone Phone Proposed Zoning and Use 843 -361 -4433 910-815 -0085 B -2 Email Email Land Classification hamer0paramounidevcorp.com roden @craigeandfox e m Case Number Dat a eivedt Received try: Z -9y 4 / s` z S APPI WAnOMVERVIEW 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 1 10: Amending the Ordinance Section I11: 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. Pagel of 3 04/14 Board of Commissioners - November 2, 2015 ITEM: 7 - 9 - 1 APPLICATION REOUIREbWM 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: cog re l>formahoa ::... ; Appheant. InitiaL..........Initia! Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning,® aS !E description metes and bounds of pwperly requested for rezoning, >3 S of the subdivision map or recorded plat which delineates the pro Any special requirements of the Ordinance (for example, Section 541 for Planned Development District, Section 54.1 for Exceptional Design Zoning District, or Section 543 for Riverfront Mixed Use District N /A ® A report ofthe required public information meeting outlined in Section 111-2.1 (if applicable) N I� ® Authority for Appointment of Agent Form if applicable)E S Fee - For petitions involving 5 acres or less, $500. For petitions involving greater 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 Attached Page Z or3 Board of Commissioners - November 2, 2015 ITEM: 7 - 9 - 2 04/14 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? See Attached 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is 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 nest 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 belie£ J' David E. Hamer, CC O M o Erd t di' rINC� .+e of-t- X:70L 5 1Z . F 1, r �—+ Signature of P titioner and/or Property Owner /print Name Page 3 of 3 04!14 Board of Commissioners - November 2, 2015 ITEM: 7 - 9 - 3 f r AV kkkkk, • PARAMOUNT DEVELOPMENT CORPORATION 607 BRIARWOOD DRIVE, SUITE 5 MYRTLE BEACH, SOUTH CAROLINA 29572 TELEPHONE: (843) 361 -4433 FAX: (843) 361 -4436 www.paramountdevcorp.com SEPTEMBER 1, 2015: NEW HANOVER COUNTY PLANNING AND INSPECTIONS DEPARTMENT; APPLICATION FOR ZONING MAP AMENDMENT SUBJECT PROPERTY. APPROXIMATELY 8.1 ACRES OWNER: THALIA R. DUKES, BY AND THROUGH HER GUARDIAN OF THE ESTATE LAWRENCE S. CRAIGE PARCEL ID ADDRESS ACREAGE ZONING R04003- 007 - 003 -000 6760 GORDON RD. 0.32 R -15 R04300- 007 -004 -000 6760 GORDON RD. 0.30 R -15 R04300- 007 - 002 -000 6700 GORDON RD. 2.54 R -15 R04300- 007 - 005 -001 6756 GORDON RD. 2.86 R -15 R04300- 077 - 002 -002 6770 GORDON RD. 11.91 1 R -15 How would the requested change be consistent with the County's Policies for Growth and Development? The property is currently in multiple tracts — approximately 8.1 acres zoned R -15. The request is to convert the current zoning to B -2 (business). The entire tract is identified as "Employment Center" in the New Hanover County Draft Comprehensive Plan. The Term Employment Center is further defined as follows: "The place type area serves as employment and production hubs, with office and light industrial uses predominating. Densities are dependent in part on the type of industries located here. Employment Centers can also include residential, civic, and recreational uses, but should be clearly delineated from rural and conservation areas. Commercial uses designed to serve the needs of the employment center are appropriate. Employment Centers require arterial or major collector road access connecting them to areas outside their boundaries. Types of uses include office, industrial, single - family residential, commercial/retail, and recreation." The requested change to B -2 is consistent with the County's policies for growth and development. How would the requested zone change be consistent with the property's classification on the Land Classification Map? The County's Land Classification Map identifies the entire 8.1 acre tract as "Urban". As stated in the 2006 CAMA Plan Update: Board of Commissioners - November 2, 2015 ITEM: 7 - 9 - 4 NEW HANOVER COUNTY PLANNING AND INSPECTIONS DEPARTMENT ZONING DISTRICT September 1, 2015 "The purpose of the Urban Class is to provide for continued intensive development and redevelopment of existing urban areas. These areas are already developed at a density approaching 1,500 dwelling units per square mile. Urban services are already in place or scheduled within the immediate future. Most of the land within the City of Wilmington is designated as Urban, except for some land designated as Transition, Conservation, or Resource Protection within the estuarine watershed areas. Development may exceed the 25 percent impervious surface area limit and density limits of 2.5 units per acre within the Urban class, depending on local zoning regulations. Mixed use, cluster and high density development may be appropriate within urban areas." The proposed development is consistent with the County's Land Classification Map. The property is well located along Gordon Road with approximately 800 linear feet of frontage and with ample separation between nearby traffic signals. The majority of the surrounding properties are already zoned high intensity (13-2) commercial or industrial. What significant changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The original zoning is R -15, which is defined as residential with a minimum lot size of 15,000 SF. The location of the subject property is such that residential is not a practical use given the following facts: • New Hanover County has identified the property as `Employment Center" in their Future Land Use Map. • Neighbors to the north, south, east and west are all business or industrial uses. • Gordon road has a traffic count of 25,000 cars per day and will soon be widened to 5 lanes from Market Street to Interstate 40. • The property enjoys over 400 linear feet of road frontage on Gordon road, a layout more suited for commercial that can take advantage of visibility and access. • The Property's proximity to Market Street and the high industrial density makes commercial a more likely use than residential. How will this change of zoning serve the public interest? A B -2 designation will facilitate the highest and best use for the property and will me more consistent with existing uses that surround the property. As commercial, goods and services will be offered that will benefit surrounding businesses and residents alike. OFFICE LOCATIONS: Myrtle Beach, SC Beckley, WV Richmond, VA Board of Commissioners - November 2, 2015 ITEM: 7 - 9 - 5 NHC Public GIS Viewer Pagel of 2 NH i �L _ ers _ A _ sO_ I)r'aW - 1-•r;Ei_p_6_r. _d4..c' xPDF Help Ar 4 i1$►, a Q' e A �i t� � ra 1 f i - J sir r 141 ► C' i r 1 W. , `_•;��i At I,. v aLr t 4 %. y� a rr ♦. r� http : / /maps.nhcgov.com /viewer.htmi Board of Commissioners - November 2, 2015 5/11/2015 ITEM: 7 - 9 - 6 •ill qu SEPTEMBER 1, 2015 PARAMOUNT DEVELOPMENT CORPORATION 607 BRIARWOOD DRIVE, SUITE 5 MYRTLE BEACH, SOUTH CAROLINA 29572 TELEPHONE: (843) 3614433 FAX: (843) 3614436 www.paramounideworp. cam NEW HANOVER COUNTY PLANNING AND INSPECTIONS DEPARTMENT APPLICATION FOR ZONING MAP AMENDMENT SUBJECT PROPERTY: APPROXIMATELY 8.1 ACRES OWNER: THALIA R. DUKES, BY AND THROUGH HER GUARDIAN OF THE ESTATE LAWRENCE S. CRAIGE PARCEL ID ADDRESS ACREAGE ZONING R04003 -007- 003 -000 6760 GORDON RD. 0.32 R -15 R04300 -007 -004 -000 6760 GORDON RD. 0.30 R-15 R04300 -007 -002 -000 6700 GORDON RD. 2.54 R-15 R04300 -007 -005 -001 6756 GORDON RD. 2.86 R-15 R04300 -077 -002 -002 16770 GORDON RD. 11.91 1 R -15 Board of Commissioners - November 2, 2015 ITEM: 7 - 9 - 7 NEW HANOVER COUNTY PLANNING & INSPECTIONS W AUTHORITY FOR APPOINTMENT OFA GENT 230 Government Center Drive Suite 110 Wilmington, NC 28403 910- 798 -7165 phone 910 - 798 -7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, 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. 1. Submit a proper petition and the required supplemental information and materials 2. Appeal st public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. tTt ,ih3afiiati 1't�owtne(s!!bjefiCl�!i`oper►` Name Owner Name Address avid E. Hamer s. Thalia Dukes 770 Gordon Road Company Owner Name 2 City, State, Zip aramcunt Development Corporation JEstate Guardian Lawrence S. Cralge Amington, NC 28401 Addreu Address pared iD 07 Brlarwood Drive, Suite 5 701 Market Street Multiple (see attached) City, State,?ip City. Sbstk tip yrtle Beach, SC 29572 N11mington. NC 28401 Pbone Kane 43- 3614433 10. 815.0085 Emil Eaaail hamer@paramcuntdeveorp.com roden@creigeandfox.com Case Number tterereneet 011halime radved., Naeived byt This document was willfully executed on the 1 /J" day of &*%i 1 , 20 / SL �&441"'o Owner I Signature Owner 2 Signature 09114 Board of Commissioners - November 2, 2015 ITEM: 7 - 9 - 8 EXHIBIT A Commencing at a concrete monument located In the centerline of Netherlands Drive (S.R. #2698) as it Intersects with the southern right of way of Gordon Road (S.R. #2048 - 50' south of center line). Running thence from commencing point South 56016'55" East a distance of 50.28 feet to a point of Intersection of the eastern right of way of Netherlands Drive and the southern right of way of Gordon Road; running thence along the southern right of way of Gordon Road South 56'16'55" East a distance of 429.33 feet to a point; thence South 44'37'40" West a distance of 6.88 feet to a NCDOT right of way monument the point of beginning; running thence from said point of beginning and along the southern right of way of Gordon Road (56.76' south of centerline) South 56'16'55" East a distance of 402.33 feet to a point; thence leaving the southern right of way line of Gordon Road and running along and with the western line of the now or former Chauvin tract South 43'10'27" West a distance of 139.22 feet to a point; thence along and with the western line of the now or former Leebart Properties tract South 43'10'27" West a distance of 48.90 feet to a point; thence along and with the southern line of the Leebart Properties, LLC tract South 51'54'23" East a distance of 60.19 feet to a point, which is the northwest corner of the now or former Herman Dukes Heirs tract; thence along and with the western line of the Herman Dukes Heirs tract South 46'28'43" West a distance of 40.00 feet to a point, the southwest corner of the Herman Dukes Heirs tract; thence along and with the southern line of said tract South 5]'54'23" East a distance of 150.00 feet to a point in the western line of the now or former Leebart Properties, LLC tract; thence along and with the western lines of the now or former Leebart Properties and Milted, LLC tracts South 46028134" West a distance of 152.09 feet to a point in the western line of the. Milted, LLC tract; thence along and with the western lines of the now or former Milted, LLC and Securcare Properties, LLC tracts South 47'56'43" West a distance of 316.84 feet to a point, said point being the northeast corner of the now or former Walton tract which Is Lot 49, Section 30, Dutch Square Extension (M.B. 34, Pg. 76); running thence along and with the northern line of the now or former Walton tract North 47'44'17" West a distance of 380.35 to a point, the northeast corner of the now or former R & ) Properties/Wilmington, LLC tract Board,of Commissioner sz,.NQ.V -Qmber.2 -2.015 ,. ITEM: 7 - 9 - 9 which Is Lot 48, Section 25, Dutch Square Extension (M.B. 34, Pg. 147); running thence along and with the northern line of the R & J Properties/Wilmington, LLC tract North 47'44'17" West a distance of 204.27 feet to a point, the north east corner of the now or former Wilson Family Holdings, LLC tract which is Lot 47C, Section 28, Dutch Square Extension (M.B. 34, Pg. 161); running thence along and with the eastern line of said Wilson Family Holdings, LLC tract, the now or former PPVC, LLC tract (Lot 50, Section 41, Dutch Square Extension, M.B. 34, Pg. 224) and the now or former Brisson tract (Lot 52, Section 36, Dutch Square Extension, M.B. 34, Pg. 134) North 44'37'40" East a distance of 620.42 feet to the point and place of beginning; containing 8.1 acres, more or less, as shown on the "Boundary Survey for Albert Samuel, Jr. ", dated August 6, 2010, and prepared by Cape Fear Engineering, Inc., and certified by Perry G. Davis, Jr., N.C.P.L.S. No. L -3553. Board of Commissioners -._N -qvember 2, 2015 ITEM: 7 - 9 - 10 I 1 I _ J Jg I go I I I g g I I I I I I 19 I �1 1 I �I I flag Jill � I ,IeOh' i �7a° i �9 y I / all 1 R _ f 1 � i H �`. I 1 1 4 I )J 1PP� 1 I ' I 1 1 I J , / I O —i— I w tra 9 I l�a I 1 1 SAWVA� Board of Commissioners - November 2, 2015 ITEM: 7 - 9 - 11 �a �6 B STATE OF NORTH CAROLINA'S 1��17 In The General Court Of Justice New Hanover County Su Before the Clerk i io IN THE MATTER OF THE ESTATE OF: Name Of We'd Thalia Dukes LETTERS OF APPOINTMENT GUARDIAN OF THE ESTATE G.S. 35A-1203,-12(K -1251; 34-2.1 © Irmainten! Person ❑ Mnor The Court in the exercise of its jurisdiction for the appointment of guardians of incompetent persons and minors, and upon proper application, has appointed the person(s) named below as Guardian(s) of the Estate of the ward named above and has ordered that these Letters Of Appointment be issued. The guardian of the estate is fully authorized and entitled under the laws of North Carolina to receive, manage and administer the property, estate and business affairs of the ward. These Letters are issued to attest to that authority and to certify that it is now in full force and effect. Witness my hand and the Seal of the Superior Court. Name And Address OfGuardbn l Of The Estate Date Of Q mrgf &n _ � _�O/ Lawrence S. Craige ClentaSlrpedorcowt 701 Market Street Jan G. Kennedy Wilmington NC /_ 28401 EX OFFICIO JUDGE OF PROBATE Name AndAd*euOfGueroltantigf•7jid tip,/ ; �. •' = /wry Dateofissuaws Ss��¢aaf��'i� .�,?'• .,�::- t • � ^ �? 1 / . r r , 0�• . , ' � ` ❑ D e p u sC A , , W of CSC ❑ Cl k0f Superior COW / NOTE' This lope -O;not've�1c%wlthoji , �''�- i`ry/wa•J se`�al of the Clerk of Superior Court ..,. ... •'�'r '' r �. of �. . „ / -' r �%. �•�� �,'!�'` ice- AO 72, Rev r'�. i; �, ?'• .4%%4:1 �. ® 2011minlstr$Hve�` Board of Commissioners - November 2, 2015 ITEM: 7 -9-13 d" ;FOR REGISTR OT' ON REGISTER OF DEED! TAS1MY 7HEUSCH BEASLEY NEW HANOVER COUNTY NC 2015 FEB 16 02:42:54 PM BK:5868 PG:1337 -1341 F1$26.00 NORTH CAROLINA GENERAL WARRANTY DEED STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER Excise Tax: $ 0.00 CN f Parcel No. R04300- 007 -003 -000 R04300- 007 - 004 -000 R04300- 007 - 002 -000 R04300- 007 -005 -001 R04300- 077- 002 -002 This instrument was prepared by: 14 CRAIGE & FOX, PLLC 701 Market Street Wilmington, North Carolina 28401 WE PREPARED THE DEED IN THIS TRANSACTION BUT WE MADE NO EXAMINATION OF TITLE AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY. Brief description for the Index: 8.1 Acres, Gordon Road All or a portion of the property herein described _ includes or X_ does not include the primary residence of a Grantor (per NCGS § 105- 317.2). THIS DEED made this 131h day of February, 2015, by and between Albert Samuel, Jr., unmarried, GRANTOR whose mailing address is PO Box 1897, Swansboro, NC 28584, and Thalia R. Dukes, unmarried, by and through her Guardian of the Estate Lawrence S. Craige, GRANTEE whose mailing address is 701 Market Street, Wilmington, NC 28401. Board of Commissioners - November 2, 2015 ITEM: 7 -9-14 WITNES SETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all of that certain lot, tract or parcel of land situated in New Hanover County, North Carolina as described in Exhibit A attached hereto and incorporated herein by reference for a more particular description: The property hereinabove described was acquired by Grantor in deed recorded in Book 5557 at Page 226, New Hanover County Registry. TO HAVE AND TO HOLD the aforesaid lot, tract or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Current and subsequent years ad valorem taxes, not yet due and payable. 2. Easements, rights of way and restrictions of record. 3. Federal, state and local land use and zoning laws, ordinances, rules and regulations. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. fill:. ULM y, STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I, 4m de,- L . Mc.NtA , a Notary Public for New Hanover County, North Carolina, hereby certify that Albert Samuel, Jr. personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. WITNESS my hand and official seal this, the 13th day of February, 2015. 2 i��yU�l/�.� �xP rt, s, o�, Notary Public Angela L. McNeil Notary Public - North Carolina Board of Commissioners - November 2, 2015 ITEM: 7 -9-15 New Hanover County C *9:113111 Commenting at a concrete monument located in the centerline of Netherlands Drive (S.R. #2698) as it intersects with the southern right of way of Gordon Road (S.R. #2048 - 50' south of center line). Running thence from commencing point South 56'16'55" l=ast a distance of 50.28 feet to a point of intersection of the eastern right of way of Netherlands Drive and the southern right of way of Gordon road; running thence along the southern right of way of Gordon Road South 56'16'55" East a distance of 429.33 feet to a point; thence South 44'37'40" West a distance of 6.88 feet to a NCDQT right of way monument the point of beginning; running thence from said point of beginning and along the southern. right of way of Gordon Road (56,76' south, of centerline) South 56'16'55" East a distance of 402.33 feet to a point; thence leaving the southern right of way fine of Gordon Road and running along and with the western line of the now or former Chauvin tract South 43'10'27" West a distance of 1 39.22 feet to a point; thence along and with the western line of the now or former Leebart Properties tract South 43'10'27" West a distance of 48.90 feet to a point; thence along and with the southern line of the Leebart Properties, LLC tract South 51'54'23" East a distance of 60.19 feet to a point, which is the northwest corner of the now or former Herman Dukes Heirs tract; thence along and with the western line of the Herman Dukes Heirs tract South 46'28'43" West a distance of 40.00 feet to a point, the southwest corner of the Herman Dukes Heirs tract; thence along and with the southern line of said tract South 51'54'23" East a distance of 150.00 feet to a point in the western line of the now or former Leebart Properties, LLC tract; thence along and with the western lines of the now or former Leebart Properties and Milted, LLC tracts South 46'28'34" West a distance of 152.09 feet to a point in the western line of the Milted, LLC tract; thence along and with the western lines of the now or former Milted, LLC and Securcare Properties, LLC tracts South 4756'43° West a distance of 316.84 feet to a point, said point being the northeast corner of the now or former Walton tract which is Lot 49, Section 30, Dutch Square Extension (M.B. 34, Pg. 76); running thence along and with the northern line of the now or former Walton tract North 47'44'17" West a distance of 380.35 to a point, the northeast corner of the now or former R & ,) Properties /Wilmington, LLC tract Board of Commissioners - Nbvember 2, 2015 ITEM: 7 -9-16 . 3 which is Lot 48, Section 25, Dutch Square Extension: (M.S. 34, Pg. 347); running thence along and with the northern line of the R &.J Properties /Wilmington, LLC tract North 47'44'17" West a distance of 204.27 feet to a point, the north east corner of the now or former Wilson Family Holdings, LLC tract which is Lot 47C, Section 28, Dutch Square Extension (M.B. 34, Pg. 161); running thence along and with the eastern line of said Wilson Family Holdings, LLC tract, the now or former PPVC, LLC tract (Lot 50, Section 41, Dutch Square Extension, M.S. 34, Pg. 224) and the now or former Brisson tract (Lot 52, Section 36, Dutch Square Extension, M.S. 34, Pg. 134) North 44'37'40" East a distance of 620.42 feet to the point and place of beginning; containing 6.1 acres, more or less., as shown on the "boundary Survey for Albert Samuel, Jr.", dated Augus# 6, 2014, and prepared by Cape Fear Engineering, Inc., and certified by Perry G. Davis, ,Jr., N.C.P.L.S. No. L -3553. Board of Commissioners-- Noverrrber -Z,• 2015 - ITEM: 7 -9-17 f 0�l`��F s h� \�� ��� "' TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET Piled For Registration: Book: Document No.: Recorder: WILMINGTON, NC 28401 02/16/2015 02:42:54 PM RE 5868 Page: 13371341 2015004110 5 PGS $26.00 JOHNSON, CAROE_YN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2015004110* 201 5004110 Board of Commissioners - November 2, 2015 ITEM: 7 -9-18 0 F W 0} 7OIL W m 6 s a E f Z FO Z0 7Z OW u4 u s > (A s z W o i 0 0 ! u Z O F W U F Z 0 z W ¢ O V F u W u x N N u Q •0c) F O LL W � � =M o u 1` u , F z 3 0 u u s s u Y z z W ` i m f F � Z � W F N 7 O Z z 0 0 F W uW G } O Nzu z i W � J F < Z_ 0 x d 2 0 Q u 0 i 0 a_ C h 0 LU LU (wj V. Board of Commissioners - Novgmber 2, 2015 ITEM: 7 -9-19 F- Z D O a J Q F' O QO O LID W m Z CL _ W 0 0 c V W 0: 2 y V Y u W j Z f F F 2 N u H Z D O 0 Ir W W W W z < < 0 Z z m Z W 0: j 6 W W W W z 6 K W W Z NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2015 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner (Planning Board Representative: Anthony Prinz) CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor; Ken Vafier, Planning Manager; and Chris O'Keefe, Planning & Inspections Director SUBJECT: Public Hearing Rezoning Application (Z -946, 10/15) — Request by Cindee Wolf of Design Solutions on Behalf of the Property Owner, Trask Farms of New Hanover, LLC, to Rezone 23.74 Acres Located at the 2400 Block of N Kerr Ave from R -15, Residential District, to (CZD) Al, Conditional Airport Industrial District, to Develop a Veterinary Use BRIEF SUMMARY: This conditional zoning application proposes to rezone 23.74 acres located at the 2400 block of N. Kerr Avenue from R -15, Residential District to (CZD) Al, Conditional Airport Industrial District, to develop a veterinary use consisting of accessory stables and a detached single - family dwelling unit. As this is a conditional zoning application, a conceptual site plan is included, and conditions above and beyond the requirements of the zoning ordinance may be added to the district with the applicant's approval. The 23.74 acre parcel was zoned R -15 when zoning was initially applied to this area in 1972. Currently the area consists of a mixture of zoning districts including R -15, A -I, AR, and a Planned Development. Surrounding land uses include mostly undeveloped lands used for agricultural purposes. The site and surrounding area are classified as Transition according to the 2006 CAMA Plan. The purpose of the Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. The rezoning proposal is in alignment and with the principles and strategies of the draft comprehensive land use plan, which is currently under development. At their October 1, 2015 meeting, the Planning Board voted 5 -0 to recommend approval of the application with one condition. The Planning Board found that the application is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the use would be consistent with the Transition land classification. 2. Reasonable and in the public interest because the requested use is consistent with the character of the area and would have no detriment of public health and safety. Condition: 1. The natural vegetation and tree line along the western border, adjacent to the PD district, shall be preserved. STRATEGIC PLAN ALIGNMENT: Board of Commissioners - November 2, 2015 ITEM: 8 Intelligent Growth and Economic Development • Attract and retain new and expanding businesses • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval and suggests the following motion: Motion to approve, as the Board of Commissioners find that this request for a zoning map amendment of 23.74 acres from R -15, Residential District, to (CZD) Al, Conditional Airport Industrial District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan as the" Transition" land use classification allows for future intensive urban development, and because the property is not located near any environmentally sensitive areas or areas designated as Resource Protection and Conservation, in compliance with the Plan's implementation strategies. 2. Reasonable and in the public interest because the property is located in a rural area of the county which consists of agricultural, industrial, and low density residential uses, and therefore the proposed veterinarian use should not generate undue impacts on the surrounding area. Condition: 1. The natural vegetation and tree line along the western border, adjacent to the PD district shall be preserved. ATTACHMENTS: Z -946 Script for BOC Z -946 Petition Summary Z -946 Staff Summary Z -946 Neighbor Properties Map Z -946 Zoning - Aerial Map Z -946 CAMA Map Z -946 Water -Sewer Map Applicant Materials Cover Z -946 Application Package -BOC Proposed Site Plan Cover Z -946 Proposed CZD Al Site Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - November 2, 2015 ITEM: 8 SCRIPT FOR Conditional Zoning District Application (Z -946, 10/15) Request by Cindee Wolf of Design Solutions on behalf of the property owner, Trask Fames of New Hanover, U-C, to rezone 23.74 acres located at the 2400 block of N Kerr Ave from R-15, Residential District, to (CZD) Al, Conditional Airport Industrial District, to develop a veterinary use. The property is classified as Transition according to the 2006 CAMA Land Use Plan. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, asfollows a. Staff presentation b. Applicant' s presentation (up to 15 minutes) C. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 3. Lose the Public Hearing 4. Commissonersdisa.sdon 5. If a rezoning request is denied, a new application may only be submitted within 12 months of the denial if there isa substantial change in the original petition for rezoning. At thistim, you may ask to either continue the application to a future meting, or to proceed with thisBoard deciding whether to grant or deny the application. What do you wish to do? 6. Vote on the oonditional zoning application. The ration should inldude a statement saying how the dhange is, or is not, consistent with the land use plan and why it is, or is not, reasonable and in the public interest. Staff Suggested Motion: Motion to approve, as the Board of Commissioners find that this request for a zoning map amendment of 23.74 acresfrom R15, Fbsidenitial District, to (CZD) Al, Conditional Airport Industrial District as described is 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan as the "Transition" land use dasification allowsfor future intensive urban development, and because the property is not located near any environmentally sensitive areas or areas designated as Fbsouroe Protection and Conservation, in compliance with the Plan's implementation strategies. 2. Feasonlable and inthe publicinterest because the property islocated in rural area of the county which consists of agricultural, industrial, and low density residential uses, and therefore the proposed veterinarian use should not generate undue impactson the surrounding area. Condition: 1. The natural vegetation and tree line along the western border, adjacent to the FD district, §-all be preserved. Board of Commissioners - November 2, 2015 ITEM: 8 - 1 - 1 /Amia ' —J$--js' Rezone from R-15, Fesi dent ial District, to (CZD) AI, Conditional Airport Industrial District t O 6■ (j M§Aff 5Aa Parcel Location & Acreage: 2400 Block of N Kerr Ave, 23.74 acres Petitioner /Owner: 0ndee Wolf on behalf of Trask Farms of New Hanover, LLC Existing Land Use: Undeveloped Zoning History: July 7, 1972 - Initially zoned R 15 viaArea 8B Land Classification: Transition Water Type: Private Well Sawer Type: Private optic Fbcreation Area: Optimist Park Access: The site has frontage on N Kerr Ave Fire District: New Hanover County North Watershed & Water Quality Classification: Snith Creek (0,,SAt) Conservation/ Historic/ Archaeological Fbsources: None SDils and Septic Sjitability: M urville fins sand (M u) - Gass III: Severe Limitation Pantego loam (Pn) - Class III: Severe Limitation Lynchburg fine sand (Ls) — Class II: Moderate Limitation S�hools: Castle Hayne Bementary, Trask Middle, Laney High ■ ■■►IJI■. ■■ Board of Commissioners - November 2, 2015 ITEM: 8 - 2 - 1 CDN DI -n ONALZONI NG DI STRI CT APPL I CAT ON CASE: Z-946,10/15 PEnTONE - 0ndee Wolf on behalf of Trask Farms of New Hanover, LLCM property owner REQUEST: Pezone from R-1 5, Residential District, to (CZD) AI, Conditional Airport Industrial District ACREAGE 23.74 acres LOCA11ON: 2400 Block of N. Kerr Avenue RD: M3400- 001 - 110 -000 LAND CLASS Transition PLANNING BOARD ACTION: At their October 1, 2015 meeting, the Ranning Board voted 5 -0 to recommend approval of the rezoning, finding that the application is: 1. Consistent with the purposes and intent of the 2006 CAM A Land Use Ran because the use would be consistent with the Transition land classification. 2. R-,asonable and in the public interest because the requested use isoonsistent with the character of the area and would have no detriment of public health and safety. Condition: 1. The natural vegetation and tree line along the western border, adjacent to the PD district, shall be preserved. EXISTING CON DI11 ONS Existi ng Zoni ng and Land Uses The 23.74 acre parcel waszoned R-1 5 when zoni ng was i nitially applied to this area in 1972. arrentlythe area consists of a mixture of zDning districts including R-15, AI, AR, and a Ranned Development. Sirrounding land uses include mostly undeveloped lands used for agricultural purposes. Existing ate Conditions The property proposed to be rezoned is undeveloped and iscurrently being used for agricultural purposes. Community Sarvices Water and Sewer: The property is within the Urban Services boundary and is within the CFPUA service area. There is no water or sewer infrastructure installed along the portion of N. Kerr Avenue fronting the subject property. Board of Commissioners - November 2, 2015 ITEM: 8 - 3 - 1 o °S. -IONS Zoning R -10 r■ � � ��e 0&1 -2 � tts�'' ,✓��� �i♦ �`�W� PD R-15 �E ^� RIGHT 1B AR I IF �gMVFec A -I ��llt K�RR F 1 R -1 5 AR ��f�" _, I �l. CDj6 -1 CID Fire Protection: The property is served by New Hanover County Fire B?rvices and located in the New Hanover County North Fire District. S�hools. The property is located within the school districtsfor Castle Hayne Bementary, Trask Middle, and Laney High schools; however this use will not impact the school system. Conservation, Historic, and Archaeological Resources There are no historical or archaeological resources known to exist on the property. PETITIONER'S REQUEST: The petitioner is seeking to rezone the 23.74 acres of the property currently zoned R-15, FL-sidential District, to (C2D) AI, Conditional Airport Industrial District with the accompanying conceptual site plan for the development of aveterinary use consistingof ac;cessorystablesand adetached single - family dwelling unit. Board of Commissioners - November 2, 2015 ITEM: 8 - 3 - 2 STAFF POSITION: Zoning Ordinance Considerations The Zoning Ordinance states that the intent of the Al Airport Industrial district isto encourage the types of development that have maximum compatibility with aircraft operations, protect and promote the public the public utility of the Airport, and to promote the health, safety and general welfare of the inhabitants of New Hanover County by preventing the creation of hazards to the Airport, thereby protecting the livesand property of the usersof the Airport and of occupants in t he vici nity and preventing destruction or impairment of the utility of the Airport and the public investment therein. A conceptual site plan is included as part of the application and has had a preliminary zoning review. A more detailed site plan must go through an official zoning review and obtain zoning approval prior to the commencement of any development activity. Traffic A traffic impact worksheet was provided as part of the application. The worksheet demonstrates that the use will not create peak hour trips in the amount necessary to require a Traffic Impact Analysis (-TA). F0ak AM hour trips realized from the use will be 10 trips, and peak RVI hourstripswill be 11 trips. Arecent TTAconducted for a proposed development within the North Kerr Industrial Park found that the intersection of N Kerr Ave and Hall Waters Drive, which is located approximately one half mile west of the subject property, operates at a Level of Service (LOS) of "B" or better during the weekday AM and RVI peak hours. Environmental The area proposed to be rezoned is not within a Special Rood Hazard Area and contains Class II and Class III soils. Class II soils have moderate limitations for septic suitability and may require moderate modification and maintenance to accommodate septic systems. Class III soils have severe limitations for septic suitability and may require extensive modification and intensive maintenance. Landscaping and Buffering Landscaping and buffering must be installed in accordance with the Zoning Ordinance regulations. It will include streetscaping along N. Kerr Avenue, and a 20' wide buffer along the rear and east side property line, which adjoins residentially zoned land. The buffer must be fully opaque and may consists of vegetation, fencing, berms, or a combination thereof. Also, a condition is being proposed requiring the existing vegetation and tree line along the western property line be preserved. Land Use Ran Considerations The site and surrounding area are classified as Transition according to the 2006 LAMA Ran. The purpose of the Transition class is to provide for future intensive urban development on lands that have been or will be provided with necessary urban services. Board of Commissioners - November 2, 2015 ITEM: 8 - 3 - 3 IEVI E1111 AN D AGnON: 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 1ction 110 — Amending the Ordinance. A community meeting was held on August 24, 2015 in accordance with the requirements for such an application. Two members of the public attended the meeting. The applicant has provided a summary of the meeting which indudes t he concerns and comments brought up by t he attendees. Staff recommends the approval of the application with one condition. Staff condudes that the application is consistent with the requirements of the Zoning Ordinance and also the 2006 Wilmington - New Hanover County CAMA Land Use Ran. Specifically, the property is not located near any environmentally sensitive areas or areas designated as Pesource Protection and Conservation, and is located in a rural areaof the county consisting of agricultural, industrial, and low density residential uses. Thus, the application generally supports Policy 4.2 and Implementation Strategy 4.2.2 of the CAMA Land Use Ran: Fblicy 4.2. Delineate areas for industrial use which will maximize the efficient use of infrastructure while protecting the fragile ecosystem from harm and protecting residents from undue impacts Implementation Si`rategy 4.2.2. Locate industrial uses outside of environmentally sensitive areas and areas designated FL-source R'otection and Conservation on the land classification map. Arfinn Npprlprl • Motion to approve the application (with or without conditions) • Motion to "table" the item in order to receive more information • Motion to deny the application based on spedfic reasons Board of Commissioners - November 2, 2015 ITEM: 8 - 3 - 4 Example M otion for Approval: Motion to approve, as the Board of Commissioners find that this request for azoning map amendment of 23.74 acres from R-15, R-,sidential District, to (CZD) AI, Conditional Airport Industrial District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Ran because Describe elements of controlling land use plans and how the amendment is consistent l. 2. Reasonable and in the public interest because fBriefly explain why. Factors may include public health and safety. character of the area and relationship of uses, applicable plans or balancing benefits and detriments. l. Example Motion for Denial: Motion to deny, as the Board of Commissioners find that this request for a zoning map amendment of 23.74 acres from R 15, Residential District, to (CZD) AI, Conditional Airport Industrial District as described is: 1. Not Consistent with the purposes and intent of the 2006 CAM Land Use Ran because Describe elements of controlling land use plans and how the amendment is not consistent l. 2. Not reasonable or in the public interest because [Briefly explain why not. Factors may include 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 Commissionersfind that this request for azoning map amendment of 23.74 acres from R 15, Residential District, to (CZD) AI, Conditional Airport Industrial District as described is: 1. Consistent with the purposes and intent of the 2006 LAMA Land Use Ran asthe "Transition" land use d assificat i on allows for future intensive urban development, and because the property is not located near any environmentally sensitive areas or areas designated as Resource Protection and Conservation, in compliance with the Plan's implementation strategies. 2. Reasonable and in the public interest because the property is located in rural area of the county which consists of agricultural, industrial, and low density residential uses, and therefore the proposed veterinarian use should not generate undue impactson the surrounding area. Condition: 1. The natural vegetation and tree line along the western border, adjacent to the PD district, shall be preserved. Board of Commissioners - November 2, 2015 ITEM: 8 - 3 - 5 o °S. -IONS Board of Commissioners - November 2, 2015 ITEM: 8 - 4 - 1 0 z � W O j U d h CA CA W Z Z Q Z Z Z W Z Z Z � •� � U L J W m w w w J w w w N Q w w w q f D O = = = D , = F- w Y U Q w Y w Y w= Y F- w Y w Y w Y w M-0 P. N u1 Ln N M —1 r-i O r-i N n r-i O u1 Ol O N N O O O u1 Q N N OM N N N N N rM-I N M Z N � Q 3 O r i N M t i11 l0 n 00 Ol 0 r-i O � � m U iy O O N LL t.O y o O 0 � N 3 to N i v f6 a m a a a o •� m m o a +� v j \ O L u ? ti a, °C a ¢ c CU z W Y E fD O N N to L c N N " O a x O. W � a` " v c -a O " 10 "_ m° E 3 E O _ v c N K N O M O N 0 10 \ U p N N H d Q O N W v v 10 °[ ^ v, 31bn1aa w N N a N , ,o m v N 0 " a CU o Z �' oQ — N H O c 'O M cu r-- Y N a c on a O V Q` c« N z v, Q� m Qa E d 2 w 3 C c o o �CAROL)NA 0 4� O F N H fC Z Ui a d `1pNVN �� M3� C 1 p a Board of Commissioners - November 2, 2015 ITEM: 8 - 4 - 1 Board of Commissioners - November 2, 2015 ITEM: 8 - 5 - 1 Board of Commissioners - November 2, 2015 ITEM: 8 - 6 - 1 Board of Commissioners - November 2, 2015 ITEM: 8 - 7 - 1 APPLICANT MATERIALS Board of Commissioners - November 2, 2015 ITEM: 8 - 8 - 1 Print For 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 Cindee Wolf Trask Farms of New Hanover, LLC 2400 Block N Kerr Ave Company Owner Name 2 Parcel ID(s) Design Solutions p/o 323019.70.3800 Address Address Area PO Box 7221 2926 Boundary St, Ste 100 23.74 ac. +/- City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28406 Wilmington, NC 28405 R -15 / Vacant Phone Phone Proposed Use 910 - 620 -2374 910 - 262 -2418 (Ginny Hollingsworth) Al (CZD) / Veterinary Clinc Email Email Land Classification cwolf @lobodemar.biz ginny @reaganmanagement.com Transition Application Case Number Date /Time received: Received by: 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. Board of Comrll ptrf:� November 2, 2015 ITET8 - 9 - 1 04/14 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 requested for rezoning. P5 _ Legal description (by metes and bounds ) of property requested for rezoning. 13$ Copy of the subdivision map or recorded plat which delineates the property. Site Plan (8 -24x36 copies for Planning Board; 8 -24x36 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads S5 • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and tSpe of units and area to be occupied by each structure and/or subdivided boundaries. For non- residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy and the specific purpose for which it will be used. i • Development schedule including proposed phasing. • Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, proposed right -of -way dedication, plans for access to and from the tract, location, width and right -of -way for internal streets and location, arrangement and access provision for parking areas. • All existing and proposed easements, reservations, required setbacks, rights -of -way, buffering and signage • The one hundred (100) year floodplain line, if applicable • Location and sizing of trees required to be protected under Section 62 of the Zoning Ordinance • Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the corresponding General Use District regulations or other limitations on land which may be regulated by State law or Local Ordinance. • Any other information that will facilitate review of the proposed change (Ref. Article VII, as applicable) Areport of the required public information meeting outlined in Section 111 -2.1. S Authority for Appointment of Agent Form if applicable) g Fee - For petitions involving 5 acres or less, $600. For petitions involving greater than 5 acres, $700 1 t �S Page 2 of 3 Board of Commissioners - November 2, 2015 04/14 ITEM: 8 - 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 Coun 's Policies for Growth and Development? Policies for growth encourage continued efforts to attract & retain businesses. The proposal is to develop an equine (horse) veterinary and stable facility. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Man? The site is in a "Transition" land classification. The Transition classification is intended for more intensive development. 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? This section of N Kerr Avenue is sparsely populated and generally vacant woodlands and fields. The tract's frontage on N Kerr Avenue will make it easily accessible for horse trailers, and the open space works well for grazing fields. 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). Reference the site plan layout & notes for proposed conditions. Fencing & a bufferyard will mitigate any impacts to the future residential uses that may develop in the PD district to the North west. Streetyard & interior plantings will meet the landscape requirements & add to the visual appeal of the project. 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. Signature of Petitioner Print Name Page 3 of 3 Board of Commissioners - November 2, 2015 04/14 ITEM: 8 - 9 - 3 NEW HANOVER COUNTY PLANNING & INSPECTIONS AUTHORITY FOR APPOINTMENT OF AGENT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax www.nhcgov.com Please note that for quasi-judicial proceedings, either the land owner or an attorney must be present for the case at the public hearing. The undersigned owner does hereby appoint an authorized the agent described herein as their exclusive agent for the purpose of petitioning New Hanover County for a variance, special use permit, rezoning request, 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: 1. Submit a proper petition and the required supplemental information and materials 2. Appeal at public meetings to give representation and commitments on behalf of the property owner 3. Act on the property owner's behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning Ordinance. Agent Information Property Owner(s) Subject Property Name Owner Name Address Cindee Wolf Trask Farms of New Hanover, LLC N Kerr Avenue Company Owner Name 2 City, State, Zip Design Solutions Virginia T. Hollingsworth Wilmington Address Address Parcel ID P.O. Box 7221 2926 Boundary ST, Suite 100 p/o 323019.70.3800 City, State, Zip City, State, Zip Wilmington, NC 28406 Wilmington, NC 28405 Phone Phone 910- 620 -2374 910- 262 -2418 Email Email cwolf@lobodemar.biz ginny@reaganmanagement.com Case Number Reference: Date/Time received: Received by: This document was willfully executed on the C. Owne 1 Signature day of Seape b�,�' , 20 1,S Owner 2 Signature Board of Commissioners - November 2, 2015 04./14 ITEM: 8 - 9 - 4 CA201511005157 SOSID: 1088868 Date Filed: 4/20/2015 10:42:00 AM Elaine E Marshall . LIMITED LIABILITY COMPANY ANNUAL RE North Carolina Secretary of State CA2015110 05157 NAME OF LIMITED LIABILITY COMPANY: Trask Farms of New Hanover LLC SECRETARY OF STATE ID NUMBER: 1088868 STATE OF FORMATION: NC REPORT FOR THE YEAR: 2015 SECTION A: REGISTERED AGENTS INFORMATION 1. NAME OF REGISTERED AGENT: Virginia T Hollingsworth 2. SIGNATURE OF THE NEW REGISTERED AGENT: 3. REGISTERED OFFICE STREET ADDRESS & COUNTY 2926 Boundary Street, Suite 100 Wilmington, NC 28405 New Hanover SECTION B: PRINCIPAL OFFICE INFORMATION 1. DESCRIPTION OF NATURE OF BUSINESS: 2. PRINCIPAL OFFICE PHONE NUMBER: 9102622418 4. PRINCIPAL OFFICE STREET ADDRESS & COUNTY 2926 Boundary Street, Suite 100 Wilmington, NC 28405 New Hanover Ming office use only ® Changes SIGNATURE CONSTITUTES CONSENT TO THE APPOINTMENT 4. REGISTERED OFFICE MAILING ADDRESS 2926 Boundary Street, Suite 100 Wilmington, NC 28405 Privacy Redaction 3. PRINCIPAL OFFICE E gen. a 6. PRINCIPAL OFFICE MAILING ADDRESS "q • D 2926 Boundary Street, Suite 100 Wilmington, NC 28405 SECTION C: COMPANY OFFICIALSIORGANIZERS (Enter additional Company Officials/Organizers in Section E.) NAME: Virginia T. Hollingsworth NAME: TITLE: Manager TITLE: ADDRESS: 2926 Boundary Street ADDRESS: Suite 100 Wilmington, NC 28405 NAME: TITLE: ADDRESS: SECTION D: CERTIFICATION OF ANNUAL REPORT S ' n D must be completed in its entirety by a person/business entity, a7dJAVJ -- 04/15/2015 SIGNATURE U DATE Form must be signed by a Company OfficiallOrganizer listed under Section C of this form. Virginia T Hollingworth Manager Print or Type Name of Company Official /Organizer TITLE SUBMIT THIS ANNUAL REPORT WITH THE REQUIRED FILING-F. E OF Qq MAIL TO: Secretary of State, Corporations Division, Post Office Box 29525, Raleigh, NC 27628-0525 Board of Commissioners - November 2, 2015 ITEM: 8 - 9 - 5 Legal Description for Conditional Zoning District Reagan Equine Beginning at a point in the northern boundary of North Kerr Avenue (S.R. 1175), a 100' public right -of -way; said point being located in a westerly direction along the northern boundary approximately 3550 feet from the intersection of the northern boundary of Bavarian Lane, a 60' public right -of -way; and running thence from the point of beginning: North 21 041'43" East, 157.94 feet to a point; thence North 26 051'42" East, 464.56 feet to a point; thence North 32 052'10" East, 429.67 feet to a point; thence North 32 019'28" East, 581.63 feet to a point; thence North 21 026'47" East, 285.71 feet to a point; thence North 90 000'00" East, 124.55 feet to a point; thence South 03 023'07" East, 1621.68 feet to a point in the northern boundary of North Kerr Avenue; thence, with that right -of -way, South 86 056'51" West, 1138.88 feet to the point and place of beginning, containing 23.74 acres, more or less. Being also described as "Lot 1, Trask Estate," on a plat recorded among the land records of the New Hanover County Registry in Map Book 60, at page 345. Board of Commissioners - November 2, 2015 ITEM: 8 - 9 - 6 REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: N Kerr Avenue Proposed Zoning: Conditional Zoning District 1 -1 / Equine Veterinary Facility The undersigned hereby certifies that written notice of a community meeting on the above zoning application was given to the adjacent property owners set forth on the attached list by first class mail on August 24, 2015 , and emailed to all parties registered on the County's "Sunshine List" on May 29, 2015. A copy of the written notice is also attached. The meeting was held at the following time and place: Tuesday, September 1, 2015: 5:30 p.m.: 2926 Boundary Street, Suite 100, Wilmington The persons in attendance at the meeting were: Reference Attached Sign -in List The following issues were discussed at the meeting: ** A project introduction was given with an overview of Conditional Zoning Districts and of the site layout. ** Mr. Alton Newton asked whether the improvements would include the extension of public water and /or sanitary sewer service to the site. It was explained that the needs of this use would not require public utilities. Services would be provided by a private well and septic system. ** Ms. Earla Pope commented that the use seemed logical to the location and was in support of the request. As a result of the meeting, the following changes were made to the rezoning petition: None Date: September 2, 2015 Applicant: Design Solutions By: Cindee Wolf Adjacent Property Owners Name Address city State Zip TaxParcelID TF Holdings Ltd. Partnership 1202 Eastwood Rd Wilmington NC 28403 313906.48.1205 Daniel Webster Trask etal 1202 Eastwood Rd Wilmington NC 28403 323010.36.9320 Trask Farms of New Hanover 2926 Boundary St, Ste 100 Wilmington NC 28405 323019.70.3800 TF Holdings Ltd. Partnership 1202 Eastwood Rd Wilmington NC 28405 313911.66.6939 NHCo Airport Authority 1740 Airport Blvd Wilmington NC 28405 313911.56.4302 Alton & Gloria Newton 2501 N Kerr Ave Wilmington NC 28405 313911.57.0364 Gerald & Annette Summers PO Box 3550 Wilmington NC 28406 313907.57.0538 Joseph Alan Baggett 5 Castlewood Dr Wilmington NC 28409 313910.47.9312 Gerald & Annette Summers PO Box 3550 Wilmington NC 28406 313906.47.9527 Walter & Bonette Outlaw 2521 N Kerr Ave Wilmington NC 28405 313906.47.8516 Kevin & Debra Fullard 2525 N Kerr Ave Wilmington NC 28405 313906.47.6596 Gerald & Annette Summers PO Box 3550 Wilmington NC 28406 313910.47.7363 Board of Commissioners - November 2, 2015 ITEM: 8 - 9 - 9 r Transmittal August 24, 2015 To: Adjacent Property Owners From: Cindee Wolf Re: Reagan Equine Veterinary The owner of a tract of land fronting on North Kerr Avenue, and within 500' of your property, is interested in constructing a large- animal veterinary facility. This proposal would require a Conditional Zoning District approval from New Hanover County. A Conditional Zoning District allows particular uses to be established only in accordance with specific standards and conditions pertaining to each individual development project. Essentially, this means that only that use, structures and layout of an approved proposal can be developed. A preliminary plan of the project layout is enclosed. The County requires that the developer hold a meeting for all property owners within 500 feet of the tract boundary, and any and all other interested parties. This provides neighbors with an opportunity for explanation of the proposal and for questions to be answered concerning project improvements, benefits and impacts. An open -house style meeting will be held on Tuesday, September 1'- at 2926 Boundary Street, Suite 100, Wilmington. 5:30 to 6:30 p.m. If you cannot attend, you are also welcome to contact me at telephone # 620 -2374, or email cwolf @lobodemar.biz with comments and /or questions. We appreciate your interest in the project and look forward to being a good neighbor and an asset to the community. P.O. Box 722.1, Wilmington, NC 28406 * Telephone: 910 -620 -2374 * Email: cwolfalobodemar.biz Board of Commissioners - November 2, 2015 ITEM: 8 - 9 - 10 Vicinity P 1zp Daniel Webster Trask etal Zon,n4: PD Lrnd Use: I,",rant 1 / N. Kerr Ave. /5.K. 1 175 general Notes: I . N11 Co F,;-.el No.: r 32301 u.703WO 2. Zoning Dlstrrt: Exeting - R -1 5 1"'; A - 1 -1 (c7r ) ?. Trsot Arm a: 23.74 ac. --t 4. CAI 1A Land Cla_edlc:t,cn: T—.5,t- ,irg R�I f Trask Farms of New Hanover, LLC ,onln ,j: R -15 Lmd Use:' is -.at N I 4ak♦ n�aaau:.-, -..:. i I I / r I �mq I P. O !'t I N Pam R ��jl 4. W 24C )o sj •f: V ,; IV I I I tvnm, I I I I 1I �.r: I' -. ; 5 }' -..:k 6 2' ll_ i•;, :; " f titre •ay:.� J TF Holding5 Ltd. P?rtner5hip Zcnln.;: A -1 L,nd Uc -:' ::c.rlt Reagan Equine Veterinary Conditional Zoning 13115trlct Special Use Permit Concept Plan Cape Fear Tournshlp ; Nev Hanj, tr County/ North Carolina (100. Puulic PM Trask Farms of New Hanover, LLC Zc,vng: R -15 Land LL Vacant N W E 5 Graphic Scale LCO Ic.r Iar, so C IOJ zoo 400 Board of Commissioners - November 2, 2015 ITEM: 8 - 9 - 11 Community Information Meeting Tuesday Reagan Equine / Proposed CZD September 1, 2015 Board of Commissioners - November 2, 2015 ITEM: 8 -9-12 Name Address Email (Optional) Ai OU"Al Board of Commissioners - November 2, 2015 ITEM: 8 -9-12 Traffic Impact Worksheet Prior to submission of nonresidential site plan, this worksheet must be prepared. A Traffic Impact Analysis will be required for all projects generating 100 peak hour trips or more. The scope of the TIA shall be determined by concurrence of the Planning Director, the MPO coordinator and NCDOT traffic engineer. Any mitigation measures required must be included in the final site plan submitted for review. PROJECT NAME Reagan Equine (Veterinary Clinic) PROJECT ADDRESS N Kerr Avenue / SR 1175 DEVELOPER/OWNER EXISTING ZONING GROSS FLOOR AREA Reagan Equine Vet Services, PC R -15 / I -1 (CZD) Proposed 2400 NEAREST INTERSECTION N Kerr Ave & Trusdale Rd BEFORE PROPOSED PROJECT Average Daily Traffic (Date) LEVEL OF SERVICE (LOS) 11,000 (2013) sq. ft. ITE MANUAL TRAFFIC GENERATION ESTIMATE: *ITE Manual available at Planning Department USE AND VARIABLES: ITE 8th Ed. 640 - Animal /Vet Hospital /Clinic (Example: Racquet Club; 8 courts; Saturday peaks) ( @4.08 KSF) ( @4.72 KSF) AM PEAK HOUR TRIPS 10 PM PEAK HOUR TRIPS it (Traffic generation of 100 peak hour trips will require Traffic Impact Analysis Scoping meeting with Planning Department) Cindee Wolf from ITE Manual 091 /IS Person Providing Estimate Signature Peak Hour estimate confirmed by Planning & Zoning on C (Date) Board of Commissioners - November 2, 2015 ITEM: 8 -9-13 > > IL 0 F W (9 } O I� W m 0 ( L > f f 0 Z 1-0 Z0 Om OW u 6 u s s " f > z W O f o 0 i u s 2 O U W Q F a Z Z W ¢ O F u u W � s x 2 m y u CD H WL J LL u y W 0 ¢m x uu F z 0 u u a u Y z Z W s ( m f f 0C z v W f F 111 0 Z n z G O F w u W ( } 0 �0 Z z ( W J F b- Z�z � z d K �y s ITEM: 8 -9-14 uj Wp� O li 2, 2015 u_ 6s H z D O Q J Q H O H i < � 0 o n � � 1 V /� // r- V-4 cc W m z W 4 U W 0: �L U W W i w Z J J J h F > f F f 2 N U O H Z D 0 U cc W W W W ( ( ( _ > Z O m m > z W w ¢ > a _ ( ¢ W z O ¢ W Z CSR IRV Wig IHM !1911 .11 I , sR I11pi Jill! � a WHO INM I'll Wd Wiswasns 1dF43X3 31VIS3 ASVNi Board of Commissioners - November 2, 2015 ITEM 8 - 9 - 15 1, low- 6 at 99 I iil! NUM 3 R 9 V IN 'Will I gill Board of Commissioners - November 2, 2015 ITEM 8 - 9 - 15 1, low- 6 at 99 I iil! NUM 3 R 9 V Board of Commissioners - November 2, 2015 ITEM: 8 -9-16 PROPOSED SITE PLAN Board of Commissioners - November 2, 2015 ITEM: 8 - 10 - 1 Vicirnty Map nH Trask Farms of New 1l3nover, LLC Zsnmy: K -IS Land U_e,: Vacant s�e & mar ha��< zo e� =P.yaro 7 n h t , �,f cl h ha I ,ry JJJ ncl I V a'G U FLU u h I I M1 Y Fa L f Daniel Webster Trask etal aJo r- o� "r sl3u ® cu I CO' j: PD Land U e. Vacant e 2 T per Trask Farmscf / I 1 v New llanover, LLC P -ls F "j 4_ f i I -- JT _ _ I I H N. Kerr Ave. l S.R. I 175 TP doUri,�s General Notes: Ltd. Partnership 1, NHCo Parcel No.: Zcrruny: A -I plo 32301 9,70,3800 L-j Use: '-ant _. Zonina District: Existing - R -1 5 Propos °d - AI ,GZD) 3. Tract Area: 23.74 ac. 4. CAMA.L —i Classifi-tion: Tr —ition Reagan Equine Veterinary Conditional Zoning District Concept Plan Cape Pear Township / New Hanover County / North Carohna Board of Commissioners - November 2, 2015 ITEM: 8 - 11 -1 1 00' Public RAV) N W E S Graphic Scale 200 iso 'oo ..o 100 2JO 400 Revised: October 3, 201 5