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Home My WebLink AboutAgenda 2016 01-04AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC BETH DAWSON, CHAIRMAN - JONATHAN BARFIELD, JR., 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 JANUARY 4, 2016 4:00 PM MEETING CALLED TO ORDER (Chairman Dawson) INVOCATION (Rev. Dr. Clifford D. Barnett, Sr., Warner Temple A.M.E. Zion Church) PLEDGE OF ALLEGIANCE (Commissioner Skip Watkins) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of Appointments of Commissioners to Various Boards and Committees 3. Approval of October 2015 Tax Collection Reports 4. Adoption of Budget Amendments ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 5 5. Presentation of Plaque to Vice - Chairman Jonathan Barfield, Jr. for His Service as Chairman of the Board of Commissioners for the Past Year 5 6. Adoption of a Code of Ethics for the Current Board Members 15 7. Consideration of Shallow Draft Inlet Fund Grant Request, Mason Inlet Relocation Project (MIRP) 10 8. Public Hearing Economic Development and Economic Incentive Appropriations 40 9. Public Hearing Rezoning Application (Z -947, 12/15) — Request by Cindee Wolf of Design Solutions on Behalf of the Property Owner, Rachel Trask Gonsalves Heirs, to Rezone 46.56 Acres Located at 3013 & 3079 Blue Clay Road from R -20, Residential District, to (CZD) R -10, Conditional Residential District, in Order to Develop a Performance Residential Subdivision (The Property is Classified as Aquifer Resource Protection According to the 2006 CAMA Land Use Plan) PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS Board of Commissioners - January 4, 2016 MINUTES 10 10. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 11. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - January 4, 2016 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2016 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Teresa Elmore, Clerk to the Board CONTACT(S): Teresa Elmore SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review Meeting held on December 10, 2015 Regular Meeting held on December 14, 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 - January 4, 2016 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2016 CONSENT DEPARTMENT: Governing Body PRESENTER(S): Teresa Elmore, Clerk to the Board CONTACT(S): Teresa Elmore SUBJECT: Approval of Appointments of Commissioners to Various Boards and Committees BRIEF SUMMARY: Attached is a listing of the Commissioners who currently serve on various board and committees for review and consideration. Please note that the Bellamy Mansion has been added to the list at the request of the Bellamy Mansion Museum of History and Design Arts Executive Director Gareth Evans. Please see the attached email. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments. ATTACHMENTS: Commissioner Appointments 2016 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointments. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 4, 2016 ITEM: 2 NEW HANOVER COUNTY COMMISSIONER APPOINTMENTS TO BOARDS AND COMMITTEES Board /Committee 2015 2016 (Designated for Commissioner Representative) Airlie Gardens Foundation Board of Directors Commissioner Watkins Commissioner Watkins Bellamy Mansion Museum of History and Design Arts N/A No appointment ($50 membership fee) Cape Fear Community College Long -Range Commissioner White Vice - Chairman Barfield Planning Committee (designated for commissioner) Cape Fear Council of Governments Executive Vice - Chairman Dawson Chairman Dawson Committee Cape Fear Museum Advisory Board Commissioner Zapple Commissioner Zapple Cape Fear Public Transportation Authority/WAVE Transit Chairman Barfield Vice- Chairman Barfield (WAVE representative on the MPO /TAC) Cape Fear Public Utility Authority Commissioner White Commissioner White (3 -Year Term Expiring 6/30/18) Cape Fear Public Utility Authority Commissioner Zapple Commissioner Zapple (3 -Year Term Expiring 6/30/18) Legion Stadium Commission Commissioner Watkins Commissioner Watkins Legion Stadium Commission Commissioner White Commissioner White Local Emergency Planning Committee Chairman Barfield Chairman Dawson Lower Cape Fear River Program Advisory Board Commissioner Watkins Commissioner Watkins New Hanover County Board of Health Commissioner Zapple Commissioner Zapple New Hanover County Financing Corporation, Inc. Chairman Barfield Chairman Dawson New Hanover County Tourism Development Authority Chairman Barfield Vice - Chairman Barfield New Hanover Regional Medical Center Board of Vice - Chairman Dawson Chairman Dawson Trustees NC -506 Continuum of Care Advisory Board Vice - Chairman Dawson Chairman Dawson (formerly Ten Year Plan to End Homelessness) Parks Conservancy Board of Directors Commissioner Zapple Commissioner Zapple Smart Start of New Hanover County Commissioner Zapple Commissioner Zapple Southeastern Economic Development Commission Vice- Chairman Dawson Chairman Dawson Southeastern Partnership Inc. /Economic Development Vice- Chairman Dawson Chairman Dawson Trillium Health Resources — Southern Regional Advisory Vice - Chairman Dawson Chairman Dawson Board Wilmington Business Development Chairman Barfield Vice - Chairman Barfield Wilmington Chamber of Commerce Commissioner Zapple Commissioner Zapple Wilmington Downtown Inc. Commissioner Zapple Commissioner Zapple Wilmington /New Hanover Port, Waterway & Beach Commissioner White Commissioner White Commission Wilmington Regional Film Commission Vice - Chairman Dawson Chairman Dawson Wilmington Urban Area Metropolitan Planning Commissioner Watkins Commissioner Watkins Organization — Transportation Advisory Committee Cape Fear Community College Board of Trustees Commissioner White Vice - Chairman Barfield (At -Large 4 -Year Term Expiring 6/30/17) Lower Cape Fear Water & Sewer Authority Commissioner Watkins Commissioner Watkins (At -Large 3 Year Term Expiring 5/31/18) New Hanover County Board of Social Services Chairman Barfield Vice - Chairman Barfield (At -Large 3 -Year Term Expiring 60&1,6), ITEM: 2 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2016 CONSENT DEPARTMENT: Tax PRESENTER(S): Allison Snell, Assistant Tax Administrator CONTACT(S): Allison Snell SUBJECT: Approval of October 2015 Tax Collection Reports BRIEF SUMMARY: NCGS 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected. Collections for October 2015 are ahead of collections for October 2014. This continues to be the trend based on the earlier generation and mailing of tax notices in July 2015 compared to being mailed in August 2014. Another factor in the increase over last year is increased usage of the installment payment coupons. The report for October 2015 in comparison to October 2014 is as follows New Hanover County Current Year October 2014 Real Property 22.00% 12.05% Personal Property 4.60% 4.03% Motor Vehicle 100% 66.17% Overall Collection Rate 23.94% 12.05% Total collected YTD $36,561,178.86 $17,081,413.53 Fire District Current Year October 2014 Real Property 24.52% 11.92% Personal Property 19.26% 9.77% Motor Vehicle 100% 80.19% Overall Collection Rate 27.13% 11.93% Total Collected YTD $1,886,391.45 STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Approval of the October 2015 Tax Collection Reports ATTACHMENTS: New Hanover County Monthly Collection Report New Hanover County Fire District Monthly Collection Report $888,875.05 Board of Commissioners - January 4, 2016 ITEM: 3 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 4, 2016 ITEM: 3 New Hanover County Monthly Collection Report for October 2015 Current Year 2015 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 149,650,699.91 $ (858,343.65) $ 2,320.62 $ 26,829.03 $ - $ - $ 3,791,499.37 $ - $ - $ $ $ 153,469,028.31 (858,343.65) 2,320.62 Total Taxes Charged Collections to Date Write -off $ $ $ 148,794,676.88 32,741,018.73 (2.44) $ $ $ 26,829.03 1,234.42 (0.01) $ $ $ 3,791,499.37 3,791,626.64 - $ $ $ 152,613,005.28 36,533,879.79 (2.45) Outstanding Balance $ 116,053,655.71 $ 25,594.60 $ (127.27) $ 116,079,123.04 Collection Percentage - 22.00 20,023.16 4.60 $ 100.00 $ 23.94 YTD Interest Collected $ 270.42 $ - $ 27,028.65 $ 27,299.07 Total 2015 Collections YTD $ 36,561,178.86 Prior Years 2005 -2014 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,826,059.15 $ 3,119,974.31 $ 1,249,783.82 $ 6,195,817.28 Abatements $ (21,896.90) $ (124,567.49) $ (964.60) $ (147,428.99) Adjustments $ 20,023.16 $ - $ - $ 20,023.16 Total Levy $ 1,824,185.41 $ 2,995,406.82 $ 1,248,819.22 $ 6,068,411.45 Collections to Date $ 510,836.18 $ 91,910.76 $ 25,561.30 $ 628,308.24 Write -off $ (18.27) $ (15.83) $ (63.95) $ (98.05) Outstanding Balance $ 1,313,330.96 $ 2,903,480.23 $ 1,223,193.97 $ 5,440,005.16 YTD Interest Collected $ 50,126.58 $ 15,015.25 $ 11,171.37 $ 76,313.20 Total Prior Year Collections YTD 704, 621.44 Grand Total All Collections YTD $ 37,265,800.30 NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - January 4, 2016 ITEM: 3 - 1 - 1 New Hanover County Fire District Monthly Collection Report for October 2015 Current Year 2015 Scroll /Billed Abatements Adjustments Real Estate Personal Property Property Motor Vehicles Motor Vehicles Combined $ 6,782,702.05 $ (71,046.44) $ (7,023.69) $ 600.72 $ - $ - $ 240,396.17 $ - $ - $ $ $ 7,023,698.94 (71,046.44) (7,023.69) Total Taxes Charged Collections to Date Write -off $ $ $ 6,704,631.92 1,644,061.69 (1.28) $ $ $ 600.72 115.71 - $ $ $ 240,396.17 240,396.17 - $ $ $ 6,945,628.81 1,884,573.57 (1.28) Outstanding Balance $ 5,060,568.95 $ 485.01 $ - $ 5,061,053.96 Collection Percentage $ 24.52 $ 19.26 Total Levy 100.00 98,139.35 27.13 YTD Interest Collected $ 38.57 $ - $ 1,779.31 $ 1,817.88 Total 2015 Collections YTD $ 1,886,391.45 Prior Years 2005 -2014 Real Estate Personal Property Motor Vehicles Combined Scroll $ 98,480.92 $ 156,444.18 $ 59,228.00 $ 314,153.10 Abatements $ (480.09) $ (4,731.04) $ (55.32) $ (5,266.45) Adjustments $ 138.52 $ - $ - $ 138.52 Total Levy $ 98,139.35 $ 151,713.14 $ 59,172.68 $ 309,025.17 Collections to Date $ 28,154.05 $ 4,712.99 $ 1,286.58 $ 34,153.62 Write -off $ (1.05) $ (1.20) $ (3.47) $ (5.72) Outstanding Balance $ 69,984.25 $ 146,998.95 $ 57,882.63 $ 274,877.27 YTD Interest Collected $ 3,026.59 $ 923.06 $ 491.76 $ 4,441.41 Total Prior Year Collections YTD 38,595.03 Grand Total All Collections YTD $ 1,924,986.48 NEW HANOVER COUNTY Chairman Clerk to the Board Date Board of Commissioners - January 4, 2016 ITEM: 3 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2016 CONSENT DEPARTMENT: Strategy & Budget PRESENTER(S): Elizabeth Schrader, Chief Strategy and Budget Officer CONTACT(S): Elizabeth Schrader SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: Sheriffs Office 16 -049 Health Department 16 -045, 16 -050 STRATEGIC PLAN ALIGNMENT: Strong Financial Performance • Control costs and manage to the budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinances for the budget amendments listed. ATTACHMENTS: B/A 16 -049 B/A 16 -045, 16 -050 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 4, 2016 ITEM: 4 AGENDA: January 4, 2016 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Increase public safety / crime prevention Fund: JAG - Justice Assistance Grant Department: Sheriffs Office Expenditure: Decrease Increase Total BA 16 -049 - 2015 Justice Assistance Grant $ 35,739 $ 35,739 Total $ - 1 $ 35,739 $ 35,739 Revenue: Decrease Increase Total BA 16 -049 - 2015 Justice Assistance Grant $ 35,739 $ 35,739 Total $ - $ 35,739 $ 35,739 Prior to Actions Today Departmental Budget $ 40,197 Total if Actions Taken $ 75,936 Section 2: Explanation The Sheriffs Office has been awarded an Edward Byrne Memorial Justice Assistance Grant in the amount of $35,739 by the U.S. Department of Justice. The City of Wilmington is the lead agency for this grant, which totaled $71,478. The Sheriffs Office will use its share of the award to pay for electrical wiring upgrades for the SABLE helicopter. No County match is required. The grant was approved by the Board of Commissioners at the June 8, 2015 meeting. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 16 -049 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, this 4th day of January, 2016_ (SEAL) Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - January 4, 2016 ITEM: 4 - 1 - 1 AGENDA: January 4, 2016 NEW HANOVER COUNTY BOARD OF CONEMSSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2016 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2016. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health, Safety and Education Strategic Objective(s): Provide health / wellness education, programs, and services Understand / act on citizen needs Fund: General Department: Health Expenditure: Decrease Increase Total BA 16 -045 - Public Health Foundation Grant $ 3,000 $ 3,000 BA 16 -050 - FDA Retail Standards Grants $ 6,000 $ 6,000 Total $ - $ 9,000 $ 9,000 Revenue: Decrease Increase Total BA 16 -045 - Public Health Foundation Grant $ 3,000 $ 3,000 BA 16 -050 - FDA Retail Standards Grants $ 6,000 $ 6,000 Total $ - $ 9,000 $ 9,000 Prior to Actions Today Departmental Budget $ 13,279,780 Total if Actions Taken $ 13,288,780 Section 2: Explanation BA 16 -045 A stipend of $3,000 is being given to the NHC Health Department Vector Control Division by the Public Health Foundation to help educate the community about mosquito control issues. This project will identify community stakeholders to collaborate on vector control improvement activities, use the vector control population health driver diagram as a framework or reference for the development of quality improvement (QI) projects, and participate in in- person basis. Vector Control's participation in this project will help improve their skill in using quality improvement methods and tools to achieve desired results. In addition, funds will be used for the printing and purchase of educational materials to be distributed in places like local schools. No County matching funds are required. BA 16 -050 The Health Department has been awarded two grants from the Food and Drug Administration (FDA) as part of the Retail Standards grant program. The first will be used for travel and training associated with an upcoming FDA Retail Food Safety Seminar which updates staff on changes to the FDA Food Code, Standardization Procedures, Retail Program Standards, new industry retail food safety initiatives, funding opportunities and emerging science and technology related to retail food safety. The second will be used to implement intervention strategies including educating staff of food service establishments about such things as cold holding, cooling, date marking and/or bare hand contact with ready -to -eat foods. In addition, funds will be used to purchase special data recording thermometers and probes_ No County matching funds are required. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption_ Board of Commissioners - January 4, 2016 ITEM: 4 - 2 - 1 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 16 -045 & 16 -050 amending the annual budget ordinance for the fiscal year ending June 30, 2016, is adopted. Adopted, this 4th day of January, 2016- (SEAL) Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - January 4, 2016 ITEM: 4 - 2 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2016 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Chairman Dawson CONTACT(S): Teresa Elmore, Clerk to the Board SUBJECT: Presentation of Plaque to Vice - Chairman Jonathan Barfield, Jr. for His Service as Chairman of the Board of Commissioners for the Past Year BRIEF SUMMARY: A plaque is to be presented to Vice - Chairman Jonathan Barfield, Jr. in recognition of serving as Chairman of the New Hanover County Board of Commissioners from December 22, 2014 to December 14, 2015. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Present plaque. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Present plaque. COMMISSIONERS' ACTIONS: Presented plaque. Board of Commissioners - January 4, 2016 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2016 REGULAR DEPARTMENT: Governing Body PRESENTER(S): Chairman Dawson CONTACT(S): Chairman Dawson SUBJECT: Adoption of a Code of Ethics for the Current Board Members BRIEF SUMMARY: General Statutes 160A -86. Local governing boards' code of ethics: (a) Governing boards of cities, counties, local boards of education, unified governments, sanitary districts, and consolidated city- counties shall adopt a resolution or policy containing a code of ethics to guide actions by the governing board members in the performance of the member's official duties as a member of that governing board. Chairman Dawson requested this item be added at the agenda review meeting on December 30, 2015. STRATEGIC PLAN ALIGNMENT: Superior Public Health, Safety and Education • Keep the public informed on important information RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the Code of Ethics resolution. ATTACHMENTS: Code of Ethics COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 4, 2016 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION ADOPTING A CODE OF ETHICS WHEREAS, G.S. 160A -86 requires local governing Boards to adopt a code of ethics; and WHEREAS, New Hanover County citizens deserve to be served by public officials who maintain the highest ethical standards; and WHEREAS, the stability and proper operation of democratic representative government depends upon public confidence in the integrity of the government, and upon responsible exercise of the trust conferred by the citizens upon their elected officials; and WHEREAS, Board members must act in a manner that maintains their integrity and independence and be responsive to the interests and needs of those they represent; and WHEREAS, Board members must know how to distinguish among their various roles, to determine when each role is appropriate, and to act accordingly: 1. As advocates, who strive to advance the legitimate needs of their citizens. 2. As legislators, who balance the public interest and private rights in considering and enacting ordinances and resolutions, and 3. As fair and impartial decision - makers, when making quasi-judicial and administrative determinations. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners does hereby adopt the following Code of Ethics to guide the Board of County Commissioners in its decision - making. The Board of Commissioners directs all County boards and committees to respect and abide by this Code of Ethics in the performance of their duties. CODE OF ETHICS Purpose. The purpose of this Code of Ethics is to establish guidelines for ethical standards of conduct for the Board of County Commissioners. It should not be considered a substitute for the law or for a Board member's best judgment. Section 1. A. Board members should obey all laws that apply to their official actions. The spirit as well as the letter of the law should guide their actions. Board members should feel free to assert policy positions and opinions without fear of reprisal from fellow Board members or citizens. B. Board members should endeavor to keep themselves current, through the County Attorney and other sources, of the most pertinent constitutional, statutory, and other legal requirements with which they must be familiar in order to meet their legal responsibilities. C. Board members shall comply with G.S. 160A -87 in receiving two clock hours of ethics education within twelve months of each election or appointment to office. Section 2. Board members should act with integrity as they exercise the functions of their offices. Characteristics and behaviors that are consistent with this standard are: A. Behaving consistently and with respect towards everyone with whom they interact. B. Exhibiting trustworthiness. C. Living as if they are on duty as elected officials regardless of where they are or what they are doing. D. Using their best independent judgment to pursue the common good, while being able to consider the opinions of others, presenting their opinions to all in a forthright manner. Board of Commissioners - January 4, 2016 ITEM: 6 - 1 - 1 E. Remaining incorruptible, self - governing, and not subject to improper influence. F. Disclosing contacts and information about issues that they receive outside of public meetings and refraining from seeking or receiving information about quasi-judicial matters outside of the quasi - judicial proceedings. G. Treating other Board members and the public with respect, and honoring the opinions of others even when they disagree. H. Being careful not to reach conclusions on issues until all sides have been heard. I. Recognizing that individual Board members are not generally allowed to act on behalf of the Board, but may only do so if the Board specifically so authorizes because the Board must take official action as a body. Section 3. Board members should be faithful in the performance of the duties of their office. Board members should faithfully attend and prepare for meetings. They should carefully analyze all credible information that is properly submitted to them, mindful of the need not to engage in communications outside the meeting in quasi-judicial matters. They should demand full accountability from those over whom the Board has authority. Section 4. Elected members of local governing Boards should conduct the affairs of their Boards in an open and public manner. They should comply with all applicable laws governing open meetings and public records, recognizing that doing so is an important way to be worthy of the public's trust. They should remember when they meet that they are conducting the public's business. They should also remember that the records of their local government belong to the public. A climate of openness is to be maintained at all times. They should take deliberate steps to ensure that any closed sessions held by the Board are conducted lawfully, and that such sessions do not stray from the purposes for which they are called. Section 5. This Code of Ethics shall be effective upon adoption, unless modified, amended, or repealed. ADOPTED this the 4' day of January, 2016. Beth Dawson, Chairman Woody White, County Commissioner Rob Zapple, County Commissioner NEW HANOVER COUNTY Jonathan Barfield, Jr., Vice - Chairman Skip Watkins, County Commissioner ATTEST: Teresa Elmore, Clerk to the Board Board of Commissioners - January 4, 2016 ITEM: 6 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2016 REGULAR DEPARTMENT: Engineering PRESENTER(S): Layton Bedsole, Shore Protection Coordinator CONTACT(S): Jim Iannucci, County Engineer and Layton Bedsole SUBJECT: Consideration of Shallow Draft Inlet Fund Grant Request, Mason Inlet Relocation Project (MIRP) BRIEF SUMMARY: In 2013, the NC General Assembly established the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund. This Fund managed by the NC Division of Water Resources (NCDWR) cost shares with local sponsors for maintaining local waterway channels. Staff is proposing to request a NCDWR grant augmenting maintenance costs from the 2015/2016 MIRP (attached NHC grant application form and project summary). The MIRP would fall under the statute's definition as "a waterway connection with a maximum depth of 16 feet between the Atlantic Ocean and a bay or the Atlantic Intracoastal Waterway." The MIRP's eligible grant total is approximately $1.37M. If approved by the NCDWR, the grant would provide 66% or approximately $913,000 leaving approximately 33% or approximately $460,000. The remaining costs (33 %) would be assessed to the Wrightsville Beach members of the Mason Inlet Preservation Group. As part of the NCDWR grant application, the Board of Commissioners is required to adopt a resolution, which is attached, documenting the County's intent and understanding of the grant nuances. If approved, grant reimbursements would be dependent on approved and provided project invoices. Any future potential MIRP use of the Shallow Draft Fund would require a resubmittal incorporating event specific details. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Build and maintain infrastructure RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff requests approval to submit the NCDWR grant application and adoption of the resolution. ATTACHMENTS: BOC Summary Resolution GEF16 -015 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners - January 4, 2016 ITEM: 7 Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 4, 2016 ITEM: 7 North Carolina Division of Water Resources Water Resources Development Grant Application Mason Inlet Relocation Project 2015/2016 Maintenance Event Summary January 2016 Board of Commissioners - January 4, 2016 ITEM: 7 - 1 - 1 Summary New Hanover County (NHC), in coordination with the Mason Inlet Preservation Group (MIPG), manages and maintains the Mason Inlet complex inclusive of the Atlantic Intracoastal Waterway (AIWW) crossing, Mason Creek, the creek's confluence with Banks Channel, Mason Inlet proper and the ebb tide delta. The inlet complex design, alignment and template dimensions allow for healthy inlet shoulders, sediment flushing and tidal prism access as a connecting channel from the Atlantic Ocean to the AIWW. Design elements of the inlet complex have template dimensions similar to many shallow draft inlets managed in southeastern NC. The Mason Inlet Relocation Project (MIRP) has multiple maintenance event triggers. The navigation trigger is the shoaling within the AIWW crossing. The primary maintenance trigger is a shoaling accumulation exceeding 375,000 cubic yards (cy) within the project template. A third trigger ensures the inlet complex is maintained within the engineering corridor safeguarding the inlet's location and retaining healthy inlet shoulders. The 2015/2016 maintenance event has been triggered by the USACE's mandated AIWW crossing's navigational access and the creek/inlet shoaling volumes (approximately 475,000 cubic yards). Additional inlet shoaling occurred during the extreme lunar tides and as Hurricane Joaquin passed off -shore in early October. NHC also manages the financial administration of the MIRP including assessment of each parcel owner within the MIPG for the cost of maintaining and managing the project. The project is funded through the NHC room occupancy tax which is reimbursed during each five -year MIPG assessment effort. In 2013, the NC General Assembly established the Shallow Draft Navigation Channel Dredging and Lake Maintenance Fund. This Fund managed by the NC Division of Water Resources (NCDWR) cost shares with local sponsors for maintaining local waterway channels. NHC, in coordination with the MIPG, is requesting a Water Resources Development Project Grant supporting the MIRP's 2015/2016 maintenance event. The grant applicable costs are -$1.37M and NHC is submitting a grant request of 66.67% or -$914K of the MIRP's administration /permitting /design /surveying /construction and monitoring fees. The MIPG, in coordination with NHC, will meet the remaining 33.33% or -$456K. Board of Commissioners - January 4, 2016 ITEM: 7 - 1 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION OF SUPPORT OF THE MASON INLET RELOCATION PROJECT WHEREAS, the New Hanover County Board of Commissioners desires to support the Mason Inlet Relocation Project (MIRP) through a coordinated effort with the Mason Inlet Preservation Group's (MIPG) implementation of the project's 2015/2016 maintenance event. NOW, THEREFORE, BE IT RESOLVED THAT: 1) The Board requests the State of North Carolina (NC) to provide financial assistance to the Mason Inlet Preservation Group through New Hanover County's coordination of the Mason Inlet Relocation Project in the amount of $ 913,044.00 or 66.67 % of the Project's 2015/2016 maintenance event inclusive of pre -event efforts; (design, plans and specifications, permitting and pre- maintenance transects) construction and post -event efforts (as- builts, monitoring and reporting); and 2) New Hanover County (NHC) in coordination with MIPG assumes full obligation for payment of the balance of project costs; and 3) New Hanover County in coordination with MIPG holds all necessary NC and federal permits; and 4) New Hanover County in coordination with MIPG has complied with all applicable laws governing the award of contracts and the expenditure of public funds by local governments; and 5) New Hanover County in coordination with MIPG has obtained suitable dredge material disposal areas as needed and all other easements or rights -of -way that may be necessary for the construction and operation of the project without cost or obligation to NC; and 6) New Hanover County in coordination with MIPG has assured that the MIRP is open for use by the public on an equal basis with no restrictions; and 7) New Hanover County in coordination with MIPG will hold NC harmless from any damages that may result from the construction, operation and maintenance of the project. ADOPTED this the 4th day of January, 2016. NEW 14ANOVER COUNTY Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Board of Commissioners - January 4, 2016 ITEM: 7 - 2 - 1 All �- fr r 1 NEW HANOVER COUNTY Grant Application Evaluation Form 9LP1(0-C)15 I Lead Department: Date: Engineering rDepartment January 2016 Head: Focus Area: J. Iannucci Mason Inlet Co- Applicants / Other Participating Departments /Agencies /Community Organizations: I Mason Inlet Preservation Group, NC Division of Water Resources grant Title: "Mason Inlet 2015/2016 Relocation Maintenance Event ?unding Organization: NC Division of Water Resources "iscal Year: Grant Amount: X New Grant ❑Recurring Grant Y 2016 $913,044.00 Multi -Year Grant? ❑Yes X No '✓latching Funds? X Yes If Yes, Amount: ❑In Kind qNo $=156,453.00 X Cash E ❑Other - application Due Date: NA Briefly describe the purpose of the grant. j vlake use of the Shallow Draft Inlet/Inland Lake Fund for providing supporting dollars to implement a ,elocation maintenance event at Mason Inlet. C `h 1 ,f known: Are any other NHC Departments eligible for this funding? ❑Yes xNo ❑Possibly r Specify, which one(s)? Program Duplication / Cost Recover Will this project in any way duplicate or compete with another service or ❑Yes xNo ❑Possibly 'Program provided by NHC, another local agency or community organization? I I�Nill this grant provide support for a mandated service? Yes xNo r Lt -an we capitalize on this funding to meet current and/or future equipment or ❑Yes xNo Facility needs? Does the grantor agency accept indirect costs as an allowable expense? ❑Yes xNo r f Yes, what dollar or percentage is allowed? Board of Commissioners - January 4, 2016 ITEM: 7 - 3 - 1 1' 11 Additional Grant Considerations i !-'an the proposal be completed within grant time frame allotted? xYes ❑No ❑Possibly an the requirements of this grant be met with current staffing levels? xYes ❑No ❑Possibly :t bVill new positions be requested (or expiring grant funded extended)? ❑Yes xNo positions Y, 'f Yes, how many new positions will be funded by the grant? new positions ?low many existing positions will be funded by the grant? existing positions Will the grant create a program or require any County commitment for funding ❑Yes xNo after grant funding ends? 1 ',-)oes this program fit well with and enhance a current department or County xYes ❑No 1rogram / initiative / service? If Yes, please explain: j _i ~he grant will benefit MIPG members by reducing fiscal responsibilities during this 2015/2016 maintenance event. ' Nes sufficient administrative support exist to make the grant worth pursuing? xYes ❑No I Description of items or services to be purchased with funds: engineering, surveying, permitting and dredging. I `'1re matching funds in the current budget or does the match require additional xAvailable funding? ❑Additional Needed �! ❑N /A- No matching funds required/requested `:)oes the grant extend beyond the fiscal year (7/1 to 6/30)? ❑Yes xNo funding received in advance or on a reimbursement basis? ❑In Advance FxReimbursement I have read, and am familiar with, the Grant Policy (AM 13 -001). I acknowledge that as the Department Head, I am agreeing to be responsible for the administration of this grant and will ensure all requirements are fully met in a timely manner. Department Head Signature \� IT Director (required if computer /technology related) Date Date ❑Approved ! a l -7 I t Grants & Project Analyst requires BOCC Date approval (agenda date) January 2016 Board of Commissioners - January 4, 2016 ITEM: 7 - 3 - 2 Hewett, Teresa From: Beden|e, Layton Sent: Wednesday, December 02, ZOlS 1I:58 AM To: Hewett, Teresa Cc: lannucd' Jim; VVurtzbacher,Lisa Subject DRAFT NH[ Grant Evaluation Fnrm, K4lRP Attachments: DRAFT NH[ Grant Evaluation Form.doc Good Morning, I have attempted a Draft of the grant evaluation form. Is this sufficient as a January agenda item attachment? L L,clyton Bedso|e | Shore Protection Coordinator � �ngine�nng | Nev.,, HanuverCVunty 23DGovernnoent Center Drive, Suite 195 'Wilmington, NC284O3 ` /QlU` 798-7104p | (9I0) 798-7051f 1 Board ofCommissioners January 4.2010 ITEM: 7 3 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2016 REGULAR DEPARTMENT: Strategy & Budget PRESENTER(S): Beth Schrader, Chief Strategy and Budget Officer CONTACT(S): Beth Schrader and Kemp Burpeau, Deputy County Attorney SUBJECT: Public Hearing Economic Development and Economic Incentive Appropriations BRIEF SUMMARY: Session Law 2015 -277, signed by the Governor on October 20, 2015, made several significant changes to the General Statutes that govern a local government's ability to make appropriations for economic development purposes. Specifically, the law imposes new notification and public hearing requirements for every appropriation or expenditure related to economic development. Previously, these were only required when approving economic development incentives or activities related to improving real property listed in GS 158 - 7.1(b). In addition to the new procedural requirements, elected boards are also required to make a specific finding prior to approving any appropriation for economic development that the appropriation will "increase the population, taxable property, agricultural industries, employment, industrial output or business prospects of the city or county." The following economic development expenditures were appropriated in the FY15 -16 adopted budget. The University Of North Carolina Chapel Hill School Of Government has advised the county to provide notification and conduct a public hearing on the appropriations / expenditures identified below to ensure compliance with S.L. 2015 -277. All of the appropriations are funded from general fund revenues and /or appropriated fund balance. Organization Amount Paid Over Description of Activities/Expense Wilmington Business $191,396 4 payments Recruitment / assistance for Development business expansion and / or re- location efforts Wilmington Regional Film $144,198 4 payments Promote / assist TV and film Commission production activities to drive local entertainment business growth; support local production infrastructure and businesses C SE Regional Economic $20,000 1 payment Regional and targeted industry Development Partnership specific marketing; conducting FAM events Wilmington Downtown Inc. $37,500 2 payments Activities to increase the number of businesses, jobs and tax base in Wilmington's Urban Core Southeastern Economic $18,240 1 payment Assist project development Board of Commissioners - January 4, 2016 ITEM: 8 Development Commission Amount Description necessary for the solicitation of Up to $100,000 (1 payment) Fund Preliminary Engineering grant funding from the Economic Report to determine the design Development Administration of extending water & sewer (EDA). Council of Governments $58,028 2 payments Membership fee(s); Local corridor. CFPUA Up to $600,000 (1 payment) Government Services and Fear River crossing for sewer Transportation Planning; line(s) to connect with the Workforce Investment; Incentive / Property — Related Activities Organization Amount Description CFPUA Up to $100,000 (1 payment) Fund Preliminary Engineering Report to determine the design and cost / benefit to the public of extending water & sewer along the industrial Hwy 421 corridor. CFPUA Up to $600,000 (1 payment) Fund construction of Cape Fear River crossing for sewer line(s) to connect with the industrial Hwy 421 corridor proj ect. General Electric Up to $175,000 (1 payment) Payment of board approved incentives as outlined in contract upon company meeting specified investment / ob requirements. Castle Branch Up to $100,000 (2 payments) Payment of board approved incentives as outlined in contract upon company meeting specified investment / ob requirements. Live Oak Up to $130,000 (2 payments) Payment of board approved incentives as outlined in contract upon company meeting specified investment / ob requirements. Fortron Up to $100,000 (1 payment) Payment of board approved incentives as outlined in contract upon company meeting specified investment / ob requirements. PPD $276,300 (1 payment) Payment of board approved incentives as outlined in contract upon company meeting specified investment / ob requirements. STRATEGIC PLAN ALIGNMENT: Board of Commissioners - January 4, 2016 ITEM: 8 Intelligent Growth and Economic Development • Deliver value for taxpayer money RECOMMENDED MOTION AND REQUESTED ACTIONS: "Motion to approve the aforementioned economic development appropriations and expenditures based on the finding that the appropriations and expenditures will "increase the population, taxable property, agricultural industries, employment, industrial output or business prospects of the city or county." ATTACHMENTS: Script Public Hearing Notice COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Conduct public hearing. Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - January 4, 2016 ITEM: 8 SCRIPT FOR AGENDA ITEM January 4, 2016 CHAIR DAWSON: We will now open a public hearing pursuant to Session Law 2015 -277 to receive comments on appropriations and expenditures for economic development and economic incentive agreements. The source of funding for the agreements will be from the General Fund of the County. The purposes of economic development and economic incentive agreements are to increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects for New Hanover County. For FY15 -16, the County has appropriated the following economic development/incentive expenditures: Wilmington Business Development Wilmington Regional Film Commission NC SE Regional Economic Development Partnership Wilmington Downtown, Inc. Southeastern Economic Development Commission Council of Governments CFPUA General Electric Castle Branch Live Oak Fortron PPD The Board will now hear public comments. Hear comments, if any. I will now close the public hearing. Is there a motion to approve the economic development appropriations and expenditures based on the finding that the appropriations and expenditures will increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects of the County? Motion: Second: Vote: Staff is directed to do any and all things necessary to finalize the economic incentive agreements for FY15 -16. Page 1 of 1 Board of Commissioners - January 4, 2016 ITEM: 8 - 1 - 1 NOTICE OF PUBLIC HEARING Please take notice that the New Hanover County Board of Commissioners will hold a public hearing on Monday January 4, 2016 at 4:00 p.m. in the Assembly Room of the New Hanover County Historic Courthouse, 24 North Third Street, Room 301, Wilmington, North Carolina for the purpose of receiving public comment on appropriations and expenditures for economic development and economic incentive agreements. The source of funding for the agreements will be from the General Fund of the County. The purposes of economic development and economic incentive agreements are to increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects for New Hanover County. For FY15 -16, the County has appropriated the following economic development /incentive expenditures: Wilmington Business Development $191,396 4 payments Wilmington Regional Film Commission $144,198 4 payments NC SE Regional Economic $20,000 1 payment Development Partnership Wilmington Downtown, Inc. $37,500 2 payments Southeastern Economic Development $18,240 1 payment Commission Council of Governments $58,028 2 payments CFPUA Up to $100,000 1 payment CFPUA Up to $600,000 1 payment General Electric Up to $175,000 2 payments Castle Branch Up to $100,000 2 payments Live Oak Up to $130,000 2 payments Fortron Up to $100,000 1 payment PPD $276,300 1 payment The New Hanover County Board of Commissioners will receive public comment on these agreements at the above stated time and place. December 25, 2015 Teresa P. Elmore Clerk, Board of Commissioners New Hanover County, North Carolina Board of Commissioners - January 4, 2016 ITEM: 8 - 2 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: January 4, 2016 REGULAR DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Current Planner CONTACT(S): Brad Schuler; Ben Andrea, Current Planning & Zoning Supervisor SUBJECT: Public Hearing Rezoning Application (Z -947, 12/15) — Request by Cindee Wolf of Design Solutions on Behalf of the Property Owner, Rachel Trask Gonsalves Heirs, to Rezone 46.56 Acres Located at 3013 & 3079 Blue Clay Road from R -20, Residential District, to (CZD) R -10, Conditional Residential District, in Order to Develop a Performance Residential Subdivision (The Property is Classified as Aquifer Resource Protection According to the 2006 CAMA Land Use Plan) BRIEF SUMMARY: The subject property includes two parcels of land totaling 46.56 acres located at the 3000 block of Blue Clay Road, approximately one quarter mile north of the intersection with Kerr Avenue. The property was originally zoned R -20 when zoning was initially applied to this area in 1974. The subject property was recently included in a previous rezoning application. That application included the subject property and two additional parcels of land, and it proposed to rezone the parcels to a general R -10 district. The application was denied by the Board of Commissioners, therefore the property owner of the subject property is now asking for it to be rezoned to a conditional R -10 district. The zoning in the vicinity consists of mostly residential and industrial districts. The residential districts, including R -10, R -15, and R- 20 can be found to the west and north of the property. Adjacent to the property to the north is a large tract of R -10 zoning, approximately 260 acres in area, which contains the Ivy Woods and Runnymeade subdivisions. The industrial districts, including I -2 and Al, are located to the east and south of the property, and contain the North Kerr Industrial Park and Wilmington International Airport. The 2006 CAMA Land Use Plan classifies the property as Aquifer Resource Protection. The Plan suggests that areas within this classification be developed with larger lots if septic systems are used to prevent cross contamination of wells, or have water and sewer services extended to curtail septic system use. Density in developments that utilize septic systems should be limited to 2.5 dwelling units per acre, while urban densities are appropriate for developments connected to sewer service. Uses of land that pose risk of spill of hazardous materials should also be prevented in the Aquifer Resource Protection areas. Water and sewer services have been extended to the area, and the services would be required to be extended though the proposed development. Therefore, the goals of the Aquifer Resource Protection area would be achieved with the proposed development. At their December 3, 2015 meeting, the Planning Board voted 6 -0 to recommend approval of the rezoning, finding that the application is: Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the proposed performance residential subdivision must install water and sewer service, and thus it should not diminish the recharge of surrounding aquifers, thereby complying with the development strategies of the Aquifer Resource Protection land use classification and Policy 3.28 of the Land Use Plan. Reasonable and in the public interest because it provides for increased density in areas best suited for development while not impeding the quality of life of the existing residential communities. Board of Commissioners - January 4, 2016 ITEM: 9 Conditions: Streetyard plantings for the non - residential use in a residential district will be installed along the Holland Drive Frontage. A 20 -foot easement shall be dedicated to New Hanover County along Blue Clay Road for the purpose of installing a future multi -use path in accordance with the 2008 Blue Clay Corridor Study. Additional access must be provided to the active recreation area located in the center of the proposed subdivision by relocating lot 121 to another portion of the subdivision, and by adding a pedestrian access to the recreation area from the north. At the meeting, the Planning Board expressed concerns with the limited access to the recreation area located in the center of the proposed development. Because of this, a condition ( #3 above) was added with the applicant's agreement that would increase access to the area. The proposed site plan has been updated to comply with the added condition, therefore it is not included in staff's recommendation. If the site plan is modified in a way that would substantially reduce the amount of access to the recreation area, staff would considered it a major modification to the district, which would require approval by the Board of Commissioners. STRATEGIC PLAN ALIGNMENT: Intelligent Growth and Economic Development • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval with conditions and suggests the following motion: Motion to approve, as the Board of Commissioners find that this application for a zoning map amendment of 46.56 acres from R -20, Residential District, to (CZD) R -10, Conditional Residential District as described is: Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the proposed performance residential subdivision must install water and sewer service, and thus it should not diminish the recharge of surrounding aquifers, thereby complying with the development strategies of the Aquifer Resource Protection land use classification and Policy 3.28 of the Land Use Plan. Reasonable and in the public interest because it provides for increased density in areas best suited for development while not impeding the quality of life of the existing residential communities. Conditions: 1. Streetyard plantings for the non - residential use in a residential district will be installed along the Holland Drive Frontage. 2. A 20 -foot non - vehicular & pedestrian access easement will be dedicated to New Hanover County along Blue Clay Road for a future multi -use path proposed in the County's long -range plans. ATTACHMENTS: Z -947 Script for BOC Z -947 Petition Summary Z -947 Staff Summary BOC Z -947 Neighbor Mail Out Map Z -947 Zoning Area Map Z -947 CAMA Map Board of Commissioners - January 4, 2016 ITEM: 9 Z -947 Water Sewer Map Proposed Site Plan Cover Sheet Z -947 Site Plan Applicant Materials Cover Sheet Z -947 Application COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0 with a third condition that lots 1 -7 have privacy fencing and that the NCDOT requirements for the turn lane be highlighted. Board of Commissioners - January 4, 2016 ITEM: 9 SCRIPT FOR Conditional Zoning District Application (Z -947, 12/15) Request by Cindee Wolf of Design Solutions on behalf of the property owner, Rachel Trask Gonsalves Heirs, to rezone 46.56 acres located at 3013 & 3079 Blue Clay Road from R -20, Residential District, to (CZD) R -10, Conditional Residential District, in order to develop a performance residential subdivision. The property is classified as Aquifer Resource Protection 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, 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 A. 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 conditional zoning application. The motion should include a statement saying how the change 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 application for a zoning map amendment of 46.56 acres from R -20, Residential District, to (CZD) R -10, Conditional Residential District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the proposed performance residential subdivision must install water and sewer service, and thus it should not diminish the recharge of surrounding aquifers, thereby complying with the development strategies of the Aquifer Resource Protection land use classification and Policy 3.28 of the Land Use Plan. 2. Reasonable and in the public interest because it provides for increased density in areas best suited for development while not impeding the quality of life of the existing residential communities. Conditions: 1. Streetyard plantings for the non - residential use in a residential district will be installed along the Holland Drive Frontage. Board of Commissioners - January 4, 2016 ITEM: 9 - 1 - 1 2. A 20 foot easement shall be dedicated to New Hanover County along Blue Clay Road for the purpose of installing a future multi -use path in accordance with the 2008 Blue Clay Corridor Study. Board of Commissioners - January 4, 2016 ITEM: 9 - 1 - 2 Case Z- 947, (12/15) Rezone from R -20, Residential District, to (CZD) R -10, Residential District Petition Summary Data Parcel Location & Acreage: 3013 & 3079 Block of Blue Clay Road, 46.56 acres Petitioner /Owner: Rachel Trask Gonsalves Heirs Existing Land Use: Undeveloped Zoning History: July 1, 1974 - Initially zoned R -20 via Area 10A Land Classification: Aquifer Resource Protection Water Type: Public Sewer Type: Public Recreation Area: Optimist Park Access: The site has access to Blue Clay Road and Holland Drive Fire District: New Hanover County North Watershed & Water Quality Classification: Ness Creek (C;Sw) Conservation /Historic/ Archaeological Resources: None Soils and Septic Suitability: Lynchburg Fine Sand (Ls) - Class II: Moderate Limitation Stallings Fine Sand (St) - Class II: Moderate Limitation Woodington Fine Sand (Wo) - Class II: Moderate Limitation Wrightsboro Fine Sand (Wr) - Class II: Moderate Limitation Pantego Loam (Pn) - Class III: Severe Limitation Torhunta Loamy Fine Sand (To) - Class III: Severe Limitation Schools: Wrightsboro Elementary, Holly Shelter Middle, New Hanover High Z-947,12/15 Board of Commissioners - January 4, 2016 ITEM: 9 - 2 - 1 Page 1 of 1 CONDITIONAL ZONING DISTRICT APPLICATION CASE: Z -947, 12/15 PETITIONER: Cindee Wolf of Design Solutions on behalf of the property owner, Rachel Trask Gonsalves Heirs. REQUEST: Rezone from R -20, Residential District, to (CZD) R -10, Conditional Residential District ACREAGE: 46.56 acres LOCATION: 3013 & 3079 Block of Blue Clay Road PID: R03312- 003 - 035 -000 R03300- 003 - 001 -000 LAND CLASS: Aquifer Resource Protection PLANNING BOARD ACTION: At their December 3, 2015 meeting, the Planning Board voted 6 -0 to recommend approval of the rezoning with conditions, finding that the application is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the proposed performance residential subdivision must install water and sewer service, and thus it should not diminish the recharge of surrounding aquifers, thereby complying with the development strategies of the Aquifer Resource Protection land use classification and Policy 3.28 of the Land Use Plan. 2. Reasonable and in the public interest because it provides for increased density in areas best suited for development while not impeding the quality of life of the existing residential communities. Conditions: 1. Streetyard plantings for the non - residential use in a residential district will be installed along the Holland Drive Frontage. 2. A 20 foot easement shall be dedicated to New Hanover County along Blue Clay Road for the purpose of installing a future multi -use path in accordance with the 2008 Blue Clay Corridor Study. 3. Additional access must be provided to the active recreation area located in the center of the proposed subdivision by relocating lot 121 to another portion of the subdivision, and by adding a pedestrian access to the recreation area from the north. At the meeting, the Planning Board expressed concerns with the limited access to the recreation area located in the center of the proposed development. Because of this, a condition ( #3 above) was added with the applicant's agreement that would increase access to the area. The proposed site plan has been updated to comply with the added condition, therefore it is not included in staff's recommendation. If the site plan is modified in a way that would substantially reduce the amount of access to the recreation area, staff would considered it a major modification to the district, which would require approval by the Board of Commissioners. Z -947, (12/15) Board of Commissioners - January 4, 2016 ITEM: 9 - 3 - 1 Pagel of 8 EXISTING CONDITIONS: Existing Zoning and Land Uses The subject property includes two parcels of land totaling 46.56 acres located at the 3000 block of Blue Clay Road, approximately one quarter mile north of the intersection with Kerr Avenue. The property was originally zoned R -20 when zoning was initially applied to this area in 1974. The zoning in the vicinity consists of mostly residential and industrial districts. The residential districts, including R -10, R -15, and R -20 can be found to the west and north of the property. Adjacent to the property to the north is a large tract of R -10 zoning, approximately 260 acres in area, which contains the Ivy Woods and Runnymeade subdivisions. The industrial districts, including 1 -2 and Al, are located to the east and south of the property, and contain the North Kerr Industrial Park and Wilmington International Airport. 0 INS P le 10 IM IV, ♦ � ♦ ♦ ♦� ♦� +�i * %i +iii ♦i ♦si��f�i�i� +�i�i�i�i! ♦� ♦♦ ♦i ♦s ♦i ♦i ♦i ♦i ♦ ♦♦ ♦ ♦ ♦ ♦♦ ♦♦ . ♦ ♦i ♦i ♦ ♦ ♦♦ ♦i� ♦�i ♦iii ♦i Existing Site Conditions The property proposed to be rezoned consists of two undeveloped parcels of land. Community Services Water and Sewer: The property is within the Urban Services boundary, and water and sewer infrastructure is located within the nearby vicinity. Fire Protection: The property is served by New Hanover County Fire Services and located in the New Hanover County North Fire District. Schools: The property is located within the school districts for Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High schools. Z -947, (12/15) Board of Commissioners - January 4, 2016 ITEM: 9 - 3 - 2 Page 2 of 8 Conservation, Historic, and Archaeological Resources The subject property does not host any known conservation, historic, or archaeological resources. PETITIONER'S REQUEST: The petitioner is seeking to rezone the 46.56 acres currently zoned R -20, Residential District, to (CZD) R- 10, Conditional Residential District, in order to develop a 154 lot performance residential subdivision. STAFF POSITION: Zoning and Subdivision Ordinance Considerations The R -10 district is established as a district in which the principal use of land is for residential purposes with access to either public water or public sewer. Under the performance residential standards, developments within the R -10 district are allowed up to 3.3 units per acre. A conceptual site plan is included as part of the application and is shown below. The applicant is proposing to develop a 154 lot performance residential subdivision with the following conditions: 1. Streetyard plantings for the non - residential use in a residential district will be installed along the Holland Drive Frontage. 2. A 20 foot non - vehicular & pedestrian access easement will be dedicated to New Hanover County along Blue Clay Road for a future multi -use path proposed in the County's long -range plans. 3. Additional access must be provided to the active recreation area located in the center of the proposed subdivision by relocating lot 121 to another portion of the subdivision, and by adding a pedestrian access to the recreation area from the north. If this rezoning application is approved, the proposed development must then go through the County's subdivision review process. The process includes submittal of a Preliminary Plat application which is reviewed by the Technical Review Committee for compliance with applicable local and state regulations. Z -947, (12/15) Board of Commissioners - January 4, 2016 ITEM: 9 - 3 - 3 Page 3 of 8 5. WOQLNiLH QY.1RT GPLWAYRpA➢ weblvlslw Gwhr cnr2n � / Vu...cwa Sq 4WRT Pctiw Rec nr Arcs 9� 133 wwcrosew.o eg.v 1 4 /��121 ` 34135 24 IJIJY Z. 14 1 6 144 43 36 2 21 I 1 v / � 5ot1 g 18`In X14 sueol°v1 a 'Y? X1,1 _ I 1 11 . 65 661 6]' _ Actrve I i� � I I 311 9 -- T� 40 103 � B5 3] a � 39 / 1] ]E H2 ]9 /j � so I O /S9 1 53 /_SelIl il� 12 w... r.re mom: :uvmiaaer ��i /� � �J ypl1G IfAF dRPK ` 46.56 x 3.3 un11l Gra phlc Scale — 154 homes ew Ra t h e 1's P I a ce Pepe CondRen: A Performance Residential Development s—yard plarn.ngs or th ion --d-1 reidenhal detnet w"1 de mstalleri Perform — Re der W oevdepment - A residential developmerR p g vne Holland o.wc hm�ge, va�sng from We dime —ei nq u d dd, of canveMaonal resNen'aal de+elopmenk buk n� excecd,ng the dcneM limit cetabligHed in 2. A 2LY p::blic non - vehicular i pedestrian stress the appieabe zone. easainent w,ll be dedratcd along Blue Clay Pad for a fuNrc muk.uac path propvacd in Re�sed�Dec. 4. 2015 the Csauirtys longrange yens, Conceptual Site Plon Traffic The proposed development will generate 117 trips in the AM peak, and 155 trips in the PM peak. Therefore, a Traffic Impact Analysis (TIA) has been completed in accordance with the county's regulations. The TIA examined three intersections in the area: Blue Clay Road at North Kerr Avenue, Blue Clay Road at Site Access 1, and Holland Drive at Site Access 2. It found that those intersections will operate at a Level of Service of B or better during the peak hours when the development is expected to be completed in 2018. The TIA recommended that a northbound left turn lane be installed at Blue Clay Road and Site Access 1 to accommodate the vehicles entering the development. The turn lane would consist of 100 feet of storage and appropriate taper. The TIA was approved by NCDOT and the WMPO with the stated recommendation. Z -947, (12/15) Board of Commissioners - January 4, 2016 ITEM: 9 - 3 - 4 Page 4 of 8 Intersections examined with Blue Clay Road and Holland Drive The Wilmington Metropolitan Planning Organization (WMPO) conducted a traffic count in 2014 on Blue Clay Road, between Kerr Avenue and Old Mill Road. The count yielded an Average Daily Traffic (ADT) of 5,576 trips. Blue Clay Road has a design capacity of 15,600 daily trips, and therefore it is classified as having an "A" Level of Service (LOS) with a Volume of Capacity Ratio of 0.36. Environmental The subject property is classified as Aquifer Resource Protection, which is where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. Development strategies for land within this classification are detailed below in the Land Use Plan Considerations. The property does not contain any Special Flood Hazard Areas, wetlands, or Natural Heritage Areas. For septic suitability, the property contains Class II and Class III soils. Class II soils have moderate limitations, which require moderate modification and maintenance, and Class III soils have severe limitations, which requires extensive modification and intensive maintenance. However, this project will be required to install public water and sewer service in accordance with the standards of the CFPUA and the County's subdivision ordinance. Land Use Plan Considerations According to the 2006 CAMA Plan, the site is classified as Aquifer Resource Protection, a subclass of the Resource Protection classification. The purpose of the Resource Protection classification is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. Z -947, (12/15) Board of Commissioners - January 4, 2016 ITEM: 9 - 3 - 5 Page 5 of 8 The Aquifer Resource Protection subclass occurs in the Northwest part of the County, north of Smith Creek, and is the area where the Castle Hayne and Pee Dee Aquifers secondary recharge occurs. The impacts that the resource is being protected from is diminished recharge of the aquifer and contamination of the aquifer by inappropriate land uses. The Plan suggests that areas within the Aquifer Resource Protection subclass are developed with larger lots if septic systems are used to prevent cross contamination of wells, or have water and sewer services extended to curtail septic system use. Density in developments that utilize septic systems should be limited to 2.5 dwelling units per acre, while urban densities are appropriate for developments connected to sewer service. Uses of land that pose risk of spill of hazardous materials should also be prevented in the Aquifer Resource Protection areas. Water and sewer services have been extended to the area, and the services would be required to be extended though the proposed development. Further, due to the area needed to accommodate septic systems and repair areas, it is not common for lots within the R -10 district to use that form of wastewater disposal. Instead, development within the R -10 district typically connects to a centralized sewer system in order to achieve the density allowed in the district. Therefore, the goals of the Aquifer Resource Protection area would be achieved with the proposed development. Land Use Plan Classification Aquifer Res urce�Protectio Area t r . Z -947 Conservotion Areo AR�1�J s l+ WHITMAN. rrn li -w' -- .. } N, 1 1 1 v y :.. -rn<:. Trait -1tion is Aj HARRELlS • LONG�,i �... Ciq� �. I z SA4L WN° KERR TRIBUTARY gIVER54DE � Draft Comprehensive Plan The County is currently going through a process to create a new comprehensive land use plan. The current draft of the new Comprehensive Plan classifies the property as Community Mixed Use on the Future Land Use Map. The Community Mixed Use Place Type focuses on small - scale, compact, mixed use development patterns that serve multimodal travel and act as an attractor for county residents and visitors. These areas share several qualities with higher- intensity mixed use place types, including a combination of retail with office and housing above, wider sidewalks, and an emphasis on streetscaping. However, these centers are generally small, no more than a few square blocks. Civic uses, particularly recreation and public gathering places, are particularly encouraged here. Ideally, large- scale, lower density commercial and industrial developments are prohibited. Z -947, (12/15) Board of Commissioners - January 4, 2016 ITEM: 9 - 3 - 6 Page 6 of 8 In regards to single - family residential development, the draft Comprehensive Plan suggest that the ideal density within the Community Mixed Use Place Type is +/- 8 dwelling units per acre. This ideal density reflects the average density needed to support the small - scale, compact, mixed use development patterns that the Place Type promotes. In this application, the maximum density of 3.3 units per acres allowed in the R -10 zoning increases the maximum density of 1.9 units per acre currently allowed in the R -20 zoning district, aligning with the development strategies of the Community Mixed Use Place Type. REVIEW AND ACTION: This request is being facilitated by Section 55.3 — Conditional Zoning District of the County's Zoning Ordinance, and has been processed and reviewed per Section 110 — Amending the Ordinance. A community meeting was held on October 28, 2015 in accordance with the requirements for such an application. The applicant has provided a summary of the meeting which includes the concerns and comments brought up by the attendees. Staff recommends the approval of the application with two conditions as requested. Staff concludes that the application is consistent with the requirements of the Zoning and Subdivision Ordinances and also the 2006 Wilmington -New Hanover County CAMA Land Use Plan. Consistent with Policy 3.28 of the Land Use Plan, this application should preserve the Castle Hayne and Pee Dee aquifers in their present unpolluted state as the primary groundwater resources for the County because the development of the properties will require the extension of water and sewer to serve the area. The policy further states that densities in the Aquifer Resource Protection classification should be limited to 2.5 units per acre unless sewer service is provided. Action Needed • Motion to approve of the petitioner's application • Motion to "table" the application in order to receive more information • Motion to deny of the petitioner's application based on specific reasons Z -947, (12/15) Board of Commissioners - January 4, 2016 ITEM: 9 - 3 - 7 Page 7 of 8 Example Motion for Approval: Motion to approve, as the Board of Commissioners find that this application for a zoning map amendment of 46.56 acres from R -20, Residential District, to (CZD) R -10, Conditional Residential District as described is: 1. Consistent with the purposes and intent of the "Aquifer Resource Protection" land use classifications in the 2006 CAMA Land Use Plan because [Describe elements of controlling land use plans and how the amendment is consistentl. 2. Reasonable and in the public interest because [Briefly explain why. Factors may include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments. 1. Example Motion for Denial: Motion to deny, as the Board of Commissioners find that this application for a zoning map amendment of 46.56 acres from R -20, Residential District, to (CZD) R -10, Conditional Residential District as described is: 1. Not Consistent with the purposes and intent of the "Aquifer Resource Protection" land use classification in the 2006 CAMA Land Use Plan 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 include public health and safety, character of the area and relationship of uses, applicable plans, or balancing benefits and detriments./. Staff Suggested Motion: Motion to approve, as the Board of Commissioners find that this application for a zoning map amendment of 46.56 acres from R -20, Residential District, to (CZD) R -10, Conditional Residential District as described is: 1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the proposed performance residential subdivision must install water and sewer service, and thus it should not diminish the recharge of surrounding aquifers, thereby complying with the development strategies of the Aquifer Resource Protection land use classification and Policy 3.28 of the Land Use Plan. 2. Reasonable and in the public interest because it provides for increased density in areas best suited for development while not impeding the quality of life of the existing residential communities. Conditions: 1. Streetyard plantings for the non - residential use in a residential district will be installed along the Holland Drive Frontage. 2. A 20 foot non - vehicular & pedestrian access easement will be dedicated to New Hanover County along Blue Clay Road for a future multi -use path proposed in the County's long -range plans. Z -947, (12/15) Board of Commissioners - January 4, 2016 ITEM: 9 - 3 - 8 Page 8 of 8 y d Q y c a o Q N '� •- S O � ��•(� v O u CL N � I8� y 'a M G N • d J� c > o m -� P N -0 C m y N 0 X W / t U �bJ y 0, -0 d T � M a N M m i N I a � CL H c U N O y TODD_A'll 0 I =I j •d a U N N z z zw z ozz =w=z� ow z z == zo owwoz��owo��3zwz�zz z w z<, � < ww w zzz 'ww� "g "g J "g 5 w wog u z 5 5 3 5 z F o w o o 3 0 0 0 P2 o Q g o 3 0 > > a 0 3 0 ° z z z ° w z z z z o z z z = z z z o z z w z z z J z z z z z= z z z z z z z w www z 5 >a a w 5 5 5 0 0 0 ?? 5 5 °0 5 5 w w 5 Q G 5 5 5 w G 5 5 G G 0 0 0 0 a 0 0 x 5 o m m m m m � 3 = 2 a 2 3 ° 4 � c 0 S � 3 V � � a v N� N w f° M N � N F4 Board of Commissioners - January 4, 2016 ITEM :9 -4 -1 O O O r � IIC N f�° m v � m � M � M � � M � O v N o G- W D 0 0 0 Board of Commissioners - January 4, 2016 ITEM :9 -5 -1 Board of Commissioners - January 4, 2016 ITEM :9 -6 -1 Board of Commissioners - January 4, 2016 ITEM :9 -7 -1 PROPOSED SITE PLAN Board of Commissioners - January 4, 2016 ITEM: 9 - 8 - 1 Board of Commissioners - January 4, 2016 ITEM: 9 - 8 - 2 5. WOOLU,IG COURT IVY WOOD AT RUNNYMEADL SUBDIVISION �2 NPw GALWAY P,DAD O uh, t,a,, Church �c V,filT`WOOD AW SKY GDL U cn,r_. rr . Area Keen Pass.ve � Open 14 15 16 17 Space 3 12 18 7 8 13 20 6 10 21 28129130131 22 r ur � 126127 132133 23 124125 134 24 4 123 135 122 146 145 144 143 135 25 2C 27 121 148147 142 137 149 141 52151150 40 139 38 28 Rsnrse�RO r ACR S 53 / SL BDIViSION 0:54) 1 12 / 1 141 13 110 30 29 / 0 115 93 92 91 - -� 68 09 95 94 31 a o „m z 65 66 67 1 Active 08 Rec Area y0 69 96 32 64 8 07 89 33 �o 70 119 97 Porid � 63 06 gg 71 96 34 120 � z �� 62 72 OS 87 35 9 73 60 74 03 85 37 59 Y 01 m 75 84 3g �L� Sg 76 102 83 f 77 39 / mea,� 78 62 I,,, e churcl ,� �s ,_ 57 40 5,6 79 / 55 81 41 5 50 4 53 60 / o 49 52 51 42 me c-1 eels 45 43 Y OUP Pond �Y LONG IEAF DRNP 46.56 ac. X 3.3 units /ac. Scale 154 Homes zoo 0 loo 200 goo Ra t h e I's Place Prop��ed dition A Performance Residential Development I. Streetyardplantings for the non- residential use in a residential district will be Installed Performance Resdential Development - A residential development along the Holland Drive frontage, varying from the dimensional requirements of conventional residential development but noz exceeding the density IImIt escabhshed In 2 A 20' public non - vehicular * pedestrian access the applicable zone. easement will be dedicated along Blue Clay Road for a future multi -use path proposed in Revised: Dec. 4, 20 15 the County's long -range plans, Board of Commissioners - January 4, 2016 ITEM :9 -9 -1 APPLICANT MATERIALS Board of Commissioners - January 4, 2016 ITEM: 9 - 10 - 1 Board of Commissioners - January 4, 2016 ITEM: 9 -10-2 -,�., NEW HANOVER COUNTY PLANNING & INSPECTIONS Application for CONDITIONAL ZONING DISTRICT Print Form 230 Government Center Drive Suite 110 Wilmington, NC 28403 910 - 798 -7165 phone 910 - 798 -7053 fax www.nhcgov.com Petitioner Information Property Owner(s) Subject Property If different than Petitioner Name Owner Name Address Cindee Wolf Rachel Trask Gonsalves Heirs 3013 & 3079 Blue Clay Road Company Owner Name 2 Parcel ID(s) Design Solutions 312908993851/322020904815 Address Address Area PO Box 7221 831 S. Lumina Ave. 46.56 ac. +/- City, State, Zip City, State, Zip Existing Zoning and Use Wilmington, NC 28406 Wrightsville Beach, NC 28480 R -20 / Vacant Phone Phone Proposed Use 910 - 620 -2374 910- 232 -2030 (Stephen Gonsalves) R -10 / Residential Subdivision Email Email Land Classification cwolf @lobodemar.biz Application Tracking Information stephen@rlx28.com (StaffOull) Aquifer Resource Protection Case Number Dat ime received: Received by: -Z ' `q q -7 11 Z/1 S gS APPLICATION OVERVIEW In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre- application conference prior to application submittal. Petitioners are requested to review the sections of the Zoning Ordinance specific to zoning amendments and conditional zoning districts prior to submission, and advised to contact Planning Staff with any questions. The following sections of the Zoning Ordinance pertain specifically to zoning amendments and conditional zoning districts: • Section 55.3: Conditional Zoning Districts • Section 110: Amending the Ordinance • Section 111: Petitions • Section 112: Approval Process Applications for zoning amendments must first be considered by the New Hanover County Planning Board at a public hearing. The Planning Board will make a recommendation to the County Commissioners which will take final action on the permit application in a quasi-judicial public hearing. Attendance at all public hearings is required. The public hearings will allow staff, the applicant, proponents and opponents to testify in regards to the request. Unless otherwise published or announced, Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington, North Carolina. All meeting dates and application deadlines are published on the New Hanover County Planning website. Page l of 3 Board of Co gmissioners - January 4, 2016 04/14 ITEM: 9 - 11 - 1 APPLICATION REQUIREMENTS In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a pre - application conference prior to application submittal. Applications must be reviewed by Planning Staff for completeness prior to being officially accepted. Applications must be submitted to Planning Staff at least twenty (20) working days before the Planning Board meeting at which the application is to be considered. In order to allow time to process, fees and review for completeness, applications will not be accepted after 5:00 PM on the deadline day. Once accepted, the Planning Board will consider the application at the assigned meeting unless the applicant requests a continuance. For all proposals, in addition to this application, the following supplemental information and materials are required: Required Information Applicant I Staff- j Initial I Initial I Copy of the New Hanover County Tax Map, which delineates the property requested for rezoning. i Legal description (by metes and bounds ) of property requested for rezoning. Copy of the subdivision map or recorded plat which delineates the property. ?aS Site Plan (8 -24x36 copies for Planning Board; 8 -24x36 copies for Commissioners) • Tract boundaries and total area, location of adjoining parcels and roads �5 I • Proposed use of land, structures and other improvements. For residential uses, this shall include number, height and type 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. • 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) I A report of the required public information meeting outlined in Section 111 -2.1. �S Authority for Appointment of Agent Form if applicable) ' Fee - For petitions involving 5 acres or less, $600. For petitions involving greater than 5 acres, $700 g 5 Page 2 of 3 Board of Commissioners - January 4, 2016 04%14 ITEM: 9 - 11 - 2 CRITERIA REQUIRED FOR APPROVAL OF A CHANGE OF ZONING Conditional Use District Zoning is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the Zoning Ordinance objective but for which none of the general zoning classifications which would allow that use are acceptable. The applicant should explain, with reference to attached plans (where applicable), how the proposed use satisfies these requirements. The applicant has the burden of proof and must provide sufficient evidence in order for the required findings to be met. You must explain in the space below how your request satisfies each of the following requirements (attach additional sheets if necessary): 1. How would the requested change be consistent with the County's Policies for Growth and Development? The policies for growth and development encourage safe and affordable housing to be available to every citizen. Sustainability of the County depends on sensible in -fill and maximizing use of lands already accessible to urban services. More density of ,single- family development not only increases tax base, but makes better use of the existing infrastructure. 2. How would the requested zone change be consistent with the property's classification on the Land Classification Map? The Aquifer Resource Protection land classification is intended to protect the secondary recharge area for the Castle Hayne and Pee Dee Aquifers, with a strategy to encourage larger lots when public utilities are not available. However, public water & + ,sewer services are now available in this area, thereby eliminating the issue. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses vermitted under the existing zoning? Public utilities have been extended to the area in proximity to the subject tract. There is an R -10 development in the area, so expanding the same zoning district in the vicinity would not be uncommon. Rezoning this property for moderate density 'allows more flexibility in lot layout, more green space, sidewalks and other positive features. 4. List proposed conditions and restrictions that would mitigate the impacts of the proposed use(s). Orientation of the lots internal to the development, and providing a greenspace buffer along Holland Drive provides a `separation between these smaller lots to the larger, more traditional lots in the Wrightsboro neighborhoods. A traffic impact analysis has been completed. Road improvements will be made as recommended. Detail design and permitting by all agencies will be required 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. Cynthia A. Wolf / Authorized Agent Signature of Petitioner and /or Property Owner Print Name Page 3 of 3 Board of Commissioners - January 4, 2016 04/14 ITEM: 9 - 11 - 3 NEW HANOVER COUNTY FI,Ai�TNINC & INSPECTIONS A -1 P011VTM.._EX 1! OF AGE T 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 owners 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. A.geait Taformatio>r -1' t►pert Owner(s) Subject Property Name Ovmiw Name Address Cindee Wolf Rachel Trask Gonsalves Heirs 3013 & 3079 Blue Clay Road Company Owner Name 2 —&;, 'State, Zip Design Solutions Caste Hayne, NC 28429 Address Addy ess Pavel ID P.O. Box 7221 831 S. Lumina Ave. j 312908993851/322020904815 City, State, Zip — — City, State, Zip Wilmington, NC 28406 Wrightsville Beach, NC 28480 Phone 'hone 910- 620 -2374 910 -Z3 2030 (Stephen Gonsalves) Email 14 mul cwolf@lobodemar.biz stephen@r1x28.com Case rNambe er nce: 3,'r 'me d: Received by: 9 7 1f i This document was willfully executed on the 3 0'1' day of G T Z e- R--- . , 20 ZS_— = ---- -- ---------- weer 1 Signature W Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 4 O 7 N N z T7 O L �4 Cd �� WoolwiY.ch " "'k„ i zu - sre f Q�. New Beginnings IL6 Christian Church, Inc. Galway I ACA vicinity Map Whntewood Wav Ivy Wood ,�f 6 at Runnymeade New Beginnings '0' NLB. 29fG4 Christian Church, Inc. 29.31 ioo Sky Ct, o y� � ae R= 55225' L=25.3T N DD °06'0: 2G.3G' n 63, 10 C O xi P tr Rachel Trask Gonsalves 11eir5 PIN 322020.00.481 5 41 G2 —I eo IJ GB °5G' 13" w� ?26.64' O N \ 32 v N rightsboro da Rachel Trask Acres Gonsalves Hnrs N4 V PIN 31 2908.99.3851 as N 6 !.56' R= 1'314.17' t= 32276' CH= 5 322.40' MM\ d5 W Lono (60' P�thc RIA ^l) f R= 3970.00 _Leaf TF h1oUnas L= 104.23' Dr. riti Ltd. Partnership, LLC 104,23' PIN 31 2eO&. )9.2530 rt f Moore N W E 5 transportation, Ins. Conditional Zoning District Graphic Scale Boundary Exhibit 23 °° s° °° 2 °° , °° Cape Pear Township / New Harlover County / North Carolina Total Tract Area - 46.5e ac.- ITEM :9 -11 -5 Legal Description for Rezoning of 3013 & 3079 Blue Clay Road Beginning at a point along the western boundary of Blue Clay Road, a 60' public right -of -way; said point being located South 16 047'38" West, 332.94 feet from the southernmost corner of Section One, Ivy Wood at Runnymeade, a subdivision recorded among the land records of the New Hanover County Registry in Map Book 29, at Page 64; and running thence from the point of beginning with the Blue Clay Road right -of -way, South 16 050'17" West, 61.58 feet to a point; thence, Along a curve to the right, having a Radius of 1914.17 feet and Length of 322.78', a Chord of South 21 039'21" West, 322.40 feet to a point; thence, South 26 029'12" West, 890.91 feet to a point; thence, Along a curve to the right, having a Radius of 3970.00 feet and Length of 104.23 feet, a Chord of South 26 046'02" West, 104.23 feet to a point; thence leaving the right -of -way, North 68 040'19" West, 872.63 feet to a point; thence, North 18 048'10" East, 242.24 feet to a point; thence, North 69 056'13" West, 228.84 feet to a point; thence, North 69 002'47" West, 226.16 feet to a point in the eastern boundary of Holland Drive, a 60' public right -of -way; thence with that right -of -way, Along a curve to the right, having a Radius of 552.25 feet and Length of 26.37 feet, a Chord of N 00 006'05" West, 26.36 feet to a point; thence, North 01002'46" East, 979.24 feet to a point; thence leaving that right -of -way, South 57 032'55" East, 554.79 feet to a point; thence, North 17 017'35" East, 460.34 feet to a point; thence, North 25 046'36" East, 29.31 feet to a point; thence, South 68 040'19" East, 872.63 feet to the point and place of beginning, containing 46.56 acres, more or less. Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 6 b ° I I rte\ ,IPA I 11 1 oT \lo�, O Q \ i o I � 1 1 1 I!I 1 `a � 5 I 1 i I I b vi f Io 0 0 ° I as vi f Io 0 0 El 0 8 UGK �z m zaE r LLJ o `Q w Z �0 V `L Z L z LLI I� n L.L LU 0 0 m 0 0 0 V � K Q nn n m O o 0 zoo � 3 z °o � 9 z O � m O � O O �N� K O Q w , < �1 n O 4 0 0 H ; I I 5 \ \ El 0 8 UGK �z m zaE r LLJ o `Q w Z �0 V `L Z L z LLI I� n L.L LU 0 0 m 0 0 0 V � K Q nn n m O o 0 zoo � 3 z °o � 9 z O � m O � O O �N� K O Q w , < �1 n O 4 0 0 H ; REPORT OF COMMUNITY MEETING REQUIRED BY NEW HANOVER COUNTY ZONING ORIDINANCE FOR CONDITIONAL DISTRICT REZONINGS Location: 3013 & 3079 Blue Clav Road Proposed Zoning: Conditional Zoning District R -10 / Rachel's Place Subdivision 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 October 21, 2015 , and emailed to all parties registered on the County's "Sunshine List" on October 22, 2015 . A copy of the written notice is also attached. The meeting was held at the following time and place: Thursday, October 29, 2015; 6:00 p.m.; Wrightsboro Fire Station, 3515 N. Kerr Ave., 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. ** Questions about drainage & stormwater management were answered by a professional engineer. ** The primary concerns were over traffic circulation & trip generation. The residents of Wrightsboro Acres believe that this development will add to issues already experienced on Long Leaf Dr. due to the elementary school traffic. The results of the Traffic Impact Analysis were shared. The County's regulations for mandatory inter - connectivity were stated. Developer agreed to discuss the possibility of no access to Holland Dr. with the County planners. As a result of the meeting, the following changes were made to the rezoning petition: A street intersection with Holland Dr. would appear to be a requirement of the Subdivision Regulations and for improvement of emergency services provision, so that access was not removed. An additional access to Blue Clay Road was also not added. The inter - connection to the TF Holdings property , to the South, was relocated for more central access. Date: November 2, 2015 Applicant: Design Solutions By: Cindee Wolf Mara OT Tommissioners anuary 4, ITEM: 9 - 11 - 8 Community Information Meeting Thursday Rachels Place Subdivsion October 29, 2015 Name Address Email (Optional) all_al D �1 �1 I Q rv'r✓" D S7 9 wka o . CY) tki- Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 9 17 mg Community Information Meeting Thursday Rachels Place Subdivsion October 29, 2015 Name Address Email (Optional) t-�EW K4P844 F @ aoL . COM to ;� '' sro 1 eo ��, h r c cl (� ko • , YO F-Ok1 L IN QV t ►� I �s .�C- W\ soy, 4,. Y.4 Cx. ans, o \2 Q!, S.Ma; l , 1-" QC,.1 (s� ,�1�r, ��.�.� . 5Dnkc,(, Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 10 Owner Owner Address Owner City ANDERS ERIN LANE 145 LONGLEAF DR WILMINGTON NC, 28401 BARROW ELIZABETH ETAL 82 HOLLAND DR CASTLE HAYNE NC, 28429 BJT INC 2233 CAPITAL BLVD RALEIGH NC, 27604 BLE PROPERTIES LLC 102 FOREST LN WILMINGTON NC, 28401 BONHAM ROBERT O SARAH B 2216 TERESA DR CASTLE HAYNE NC, 28429 BRINSON PROPERTY HOLDINGS LLC 3108 KITTY HAWK RD WILMINGTON NC, 28405 BUCK SANDY RAY 2208 TERESA DR CASTLE HAYNE NC, 28429 BUCK SANDY RAY 2208 TERESA DR CASTLE HAYNE NC, 28429 BUCK SANDY RAY 2208 TERESA DR CASTLE HAYNE NC, 28429 BUCK WILLIAM ARNOLD JR LINDA C 2804 MODAWG LN CASTLE HAYNE NC, 28429 CANNON RUTH M 95 HOLLAND DR WILMINGTON NC, 28401 CARTRETTE BILLY PATRICIA G 64 HOLLAND DR CASTLE HAYNE NC, 28429 CARTRETTE BILLY RAY PATRICIA G 64 HOLLAND DR CASTLE HAYNE NC, 28429 CHAVIS FLOYD R RUTH REBECCA 1805 MISSION HILL DR WILMINGTON NC, 28405 CHAVIS FLOYD R RUTH REBECCA 1805 MISSION HILL DR WILMINGTON NC, 28405 COSTIN VALERIE A DELTON C 51 HOLLAND DR CASTLE HAYNE NC, 28429 DAMATTA LIZNETH M 89 HOLLAND DR CASTLE HAYNE NC, 28429 DAVIS PETER R CATHERINE R 2 RALEIGH ST WRIGHTSVILLE BEACH NC, 28480 MOSEY EDWARD A 138 WHITMAN AVE WILMINGTON NC, 28429 DOYLE JASON LEE 52 HOLLAND DR CASTLE HAYNE NC, 28429 DOYLE NANNIE S 50 HOLLAND DR CASTLE HAYNE NC, 28429 EASON MICHAEL E 2217 TERESA DR CASTLE HAYNE NC, 28429 EASON MICHAEL ELLIS 2217 TERESA DR CASTLE HAYNE NC, 28429 ENGLISH DONALD R 423 SHENANDOAH DR BURLESON TX, 76028 FAISON JAMES H III ANGELA W 3204 GALWAY RD CASTLE HAYNE NC, 28429 FOWLER R C MYRTLE C 42 PELICAN POINT RD WILMINGTON NC, 28409 GLOVER ADAM S ETAL 3202 SKY CT CASTLE HAYNE NC, 28429 GONSALVES STEPHEN A 831 LUMINA AVE S WRIGHTSVILLE BEACH NC, 28480 GONSALVES STEPHEN A 831 LUMINA AVE S WRIGHTSVILLE BEACH NC, 28480 GONSALVES STEPHEN A 831 LUMINA AVE S WRIGHTSVILLE BEACH NC, 28480 GOSPEL FELLOWSHIP HOLINESS PO BOX 6 LELAND NC, 28451 GRACE INVESTMENTS OF WILMINGTON LLC 5109 EVERETTE CT WILMINGTON NC, 28412 GRAHAM ELEANOR J 72 HOLLAND DR CASTLE HAYNE NC, 28429 GRAHAM ELEANOR J 72 HOLLAND DR CASTLE HAYNE NC, 28429 GRANT LEE M SOMMER H 2024 MONTROSE LN WILMINGTON NC, 28405 HATCHER ERIC RICHARD JENNIFER 3205 SKY CT CASTLE HAYNE NC, 28429 HOLLIDAY DAVID DEMETRIA 610 LATTICE CT CASTLE HAYNE NC, 28429 INMAN DANIEL SHANE 2813 MODAWG LN CASTLE HAYNE NC, 28429 JOHNSON GRETA 149 LONG LEAF DR WILMINGTON NC, 28401 KING CHARLES B 54 HOLLAND DR CASTLE HAYNE NC, 28429 KING CHARLES B 54 HOLLAND DR CASTLE HAYNE NC, 28429 KUUSE ROBERT C ETAL 151 LONGLEAF DR WILMINGTON NC, 28401 LEA ISLAND INVESTMENTS LLC PO BOX 205 WRIGHTSVILLE BEACH NC, 28480 LEGWIN DAVID PAMELA 3206 WOOLWITCH CTS CASTLE HAYNE NC, 28429 LEWIS JAMES KENNETH CATHY HILL 3200 WOOLWITCH CT S CASTLE HAYNE NC, 28429 MCDOUGALL CHELSEA 154 LONG LEAF DR WILMINGTON NC, 28401 MCLEAN RUTH J HRS 60 HOLLAND DR CASTLE HAYNE NC, 28429 Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 11 MERCER SUSAN LESLEY MERRITT EDWIN D MOORE TRANSPORTATION INC NEW BEGINNING CHRISTIAN CHURCH NEW BEGINNING CHRISTIAN CHURCH INC NORTH KERR OWNERS ASSOC INC NORTON TABITHA OKEEFE KATHLEEN ON TIME LLC PENA DAVID E TRACY M PIERCE CHRISTOPHER A PRICE MARVIN E JR NANCY C PRIVETTE JACOB A REESE CECIL LAVERN BETTY C RIFFLE GREGORY ETAL RUSS ROBERT EARL SAMULIK KEVIN G MARY G SIMPKINS JOSEPH Q RACHELL R SKIPPER MORRIS R SR CAROLYN C SMITH RICHARD K SOFIELD JOHN E TF HOLDINGS LIMITED PTNRP THOMPSON CONNIE KAREN TINGA EELCO HENRY ETAL TODD GWENDOLYN AVERY IRR TRST TRASCO INC WATTERS ROBERT DEAN WHITFIELD JAMES N WILLIAMS ANTHONY WRIGHTSBORO BAPTIST CHURCH WRIGHTSBORO BAPTIST CHURCH WRIGHTSBORO BAPTIST CHURCH 147 LONG LEAF DR 3201 WOOLWITCH CT 2929 BLUE CLAY RD 401 7TH ST S 3120 ALEX TRASK DR 3517 WRIGHTSVILLE AVE 3201 GALWAY RD 611 LATTICE CT 311 BUNCOMBE ST 134 WHITMAN AVE 74 HOLLAND DR 2201 TERESA DR 3201 WHITEWOOD WAY 85 HOLLAND DR 3206 SKY CT 87 HOLLAND DR 93 HOLLAND DR 62 HOLLAND DR 109 FAIRVIEW RD 3200 SKY CT 4310 BRIDGEPORT DR 1202 EASTWOOD RD 3202 WHITEWOOD WAY S 2918 CASTLE HAYNE RD 46 HOLLAND DR 1202 EASTWOOD RD 71 ARLENE DR 53 HOLLAND DR 3200 WHITEWOOD WAY 642 CASTLE HAYNE RD 2736 CASTLE HAYNE RD 642 CASTLE HAYNE RD Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 12 WILMINGTON NC, 28401 CASTLE HAYNE NC, 28429 CASTLE HAYNE INC, 28429 WILMINGTON NC, 28401 CASTLE HAYNE INC, 28429 WILMINGTON INC, 28403 CASTLE HAYNE NC, 28429 CASTLE HAYNE INC, 28429 RALEIGH INC, 27609 CASTLE HAYNE INC, 28429 CASTLE HAYNE INC, 28429 CASTLE HAYNE INC, 28429 CASTLE HAYNE INC, 28429 CASTLE HAYNE INC, 28429 CASTLE HAYNE INC, 28429 CASTLE HAYNE INC, 28429 WILMINGTON NC, 28401 CASTLE HAYNE INC, 28429 LELAND INC, 28451 CASTLE HAYNE NC, 28429 WILMINGTON INC, 28405 WILMINGTON INC, 28403 CASTLE HAYNE NC, 28429 CASTLE HAYNE INC, 28429 CASTLE HAYNE NC, 28429 WILMINGTON INC, 28403 CASTLE HAYNE INC, 28429 CASTLE HAYNE INC, 28429 CASTLE HAYNE INC, 28429 WILMINGTON NC, 28401 WILMINGTON INC, 28401 WILMINGTON INC, 28401 Desigv� Solutiov�s Transmittal October 21, 2015 To: Adjacent Property Owners From: Cindee Wolf Re: Rachel's Place — A Performance Residential Development The property owner is interested in developing a 154 -lot residential subdivision on lands within the proximity of your property. 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 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. A meeting will be held on Thursday, October 29`", at the Wrightsboro Fire Station, 3515 N. Kerr Avenue, 6:00 - 7:00 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. 13ox 7221, WilmivLgtovL, NC 28406 * TelepkovLe: 910 -620 -2374 * Email: cwolf@lobodemar.biz Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 13 J� O� Q n/f New Begmnmgs Cnrietian ::hurch n/f New Beginninp Chrstian Church Active Re C, S. N /OGLE "JICI1 COUKT GALWAY ROAD IMITEWOOD WAY Area Ma ,daf� �,� Roca sty b f,,, F,t,- � Passive � Open 14 15 1 6 17 Space 12 13 II 18 7 6 19 20 102 12 12 130131 22 132 23 5 12'' 5126 133 124 134 24 123 4 3 Active 147 46 145 144 43 351 36 25 2(; 27 Rec Area 148 147 142 37 2 150149 141 152151 140 139 138 28 C 154 153 112 oz 114113 II 110 30 29 16 15 93 92 91 94 68 109 95 31 0 65 66 �7 17 Active 108 Rec 96 Area 90 32 69 II8 64 107 89 33 70 1 1 9 97 Pond 63 06 88 34 71 120 98 72 105 87 35 21 61 73 104 9 86 60 103 00 145 37 59 74 101 -5 84 38 J8 76 102 83 Ma ry Road 77 39 57 78 62 11 40 56 79 pJ� 55 81 4I LQ 54 2 80 50 JV 52 51 42 49 48 43 QO O 47 46 45 44 j Pond � Z� 200 Rachel s Place A Performane °� OK TZtt�,li tiigr6Development SKY COGRT At K -10 1 q 46.56 ac. X 3.3 units /ac = 154 Units Graphic Scale 0 100 200 1400 Members: City of WILMINGTON Lead Planning Agency Town of CAROLINA BEACH Town of KURE BEACH Town of WRIGHTSVILLE BEACH NEW HANOVER County Town of BELVILLE Town of LELAND Town of NAVASSA BRUNSWICK County PENDER County CAPE FEAR Public Transportation Authority North Carolina BOARD OF TRANSPORTATION WILMINGTON URBAN AREA Metropolitan Planning Organization P.Q. Box 1810 Wilmington, North Carolina 28402 910 341 3258 910 341 7801 FAX October 22, 2015 Mr. Dan Cumbo, PE Davenport Transportation Consulting P.O. Box 15997 Wilmington, NC 28408 RE: Approval of the Traffic Impact Analysis (TIA) associated with the proposed Rachel's Place New Hanover County, NC The WMPO, NCDOT, and New Hanover County staffs have reviewed the Rachel's Place subdivision TIA. This development consists of 154 single family homes. We concur with the recommendations of the TIA as stated below: Blue Clay Road and North Kerr Avenue 0 No improvements recommended Blue Clay Road at Site Access 1 • Construct a NB left turn lane on Blue Clay Road with 100 feet of storage and appropriate deceleration and taper Holland Drive at Site Access 2 • No improvements recommended If changes are made to the proposed site driveways and /or use, the current trip distribution may need to be modified and would require a revised Traffic Impact Analysis to be submitted for review by NCDOT and the WMPO. This approval would become null and void. The applicant is required to obtain all applicable New Hanover County and NCDOT permits for access to the road network. All applicable NCDOT and New Hanover County technical standards and policies shall apply. Please contact me at 910- 473 -5130 with any questions regarding this approval. Regards, Amy L. Imes, PE Project Manager Wilmington MPO Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 15 Anthony Law, District Engineer, NCDOT Don Bennett, City of Wilmington Katie Hite, Division Traffic Engineer, NCDOT Bill McDow, WMPO EL Mike Koziosky, Executive Director, WMPO Ben Hughes, NCDOT D U Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 15 Rachel's Place Sub �_jl DAVENPORT Transportation Impact Analysis Rachel's Place Subdivision Wrightsboro, New Hanover County, NC Prepared for Sunny Lane, LLC September 15, 2015 Analysis by: Dionne C. Brown, P.E. Drafting /Graphics by: Dionne C. Brown, P.E. Reviewed by: Frank Amenya, P.E., PTOE Daniel Cumbo, P.E. \\\\\\\"'CARO �a.OFESS' /0,y�9 :a SEAL _ 040247 _ G IN C Sealed by: Dionne C. Brown, P.E. ti �4. This report is printed on recycled paper with 30% post- consumer content. All paper is FSC Certified. The entire document, including binding, is 100% recyclable. a This document, together with the concepts and designs presented herein, is intended only for the specific purpose and client for which it was prepared. Reuse of, or improper reliance on, this document by others without written authorization and adaptation by DAVENPORT shall be without liability to DAVENPORT and shall be a violation of the agreement between DAVENPORT and the client. Home Office: 305 Arent I -out th Street, Suitc 2.A Wiu;ton- Salcm,';C; `101 Main: 336. 744.1636; lax: 336_4-)K, Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 17 01 DAV EMORT Rachel's Place Subdivision — Transportation Impact Analysis Wrightsboro, New Hanover County, NC Prepared for Sunny Lane, LLC September 15, 2015 Executive Summary The proposed Rachel's Place Subdivision is located off of Blue Clay Road in Wrightsboro, New Hanover County, North Carolina. As currently planned, this development will consist of 154 single family detached homes. Two accesses to the development will be provided by one on Blue Clay Road and one on Holland Drive. Figure 1 show the sketch plan in the report. DAVENPORT was retained to determine the potential traffic impacts of this development and to identify transportation improvements that may be required to accommodate the impacts of both background traffic and new development traffic. The following intersections were included in the study: • SR 1310 (Blue Clay Road) at SR 1322 (North Kerr Avenue) • Blue Clay Road at Site Access 1 • Holland Drive at Site Access 2 The intersections were analyzed during the AM (7 -9 am) and PM (4 -6 pm) peaks for the following conditions: • 2015 Existing Conditions • 2018 Future No Build Conditions • 2018 Build Conditions • 2018 Build Condition with Mitigation (if necessary) The planned build -out year for this development is 2018. This Transportation Impact Analysis (TIA) was carried out based on NCDOT typical standards. Information regarding the property was provided by Sunny Lane, LLC. 9/15/15 15 -241 Rachel's Place Subdivision — Executive Summary Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 18 0 DAV EMORT Discussion of Results The following section discusses 2018 level of service for each intersection. Blue Clay Road at North Kerr Avenue This signalized intersection currently operates at LOS B during the AM and PM peaks. In 2016 future no build conditions and build conditions, the level of service is expected to remain the same. No improvements are recommended. Blue Clay Road at Site Access 1 In 2018 with site traffic, this intersection is expected to operate at LOS B in the AM and PM peaks. It is recommended to provide 100 feet of storage with appropriate taper for a northbound left turn lane on Blue Clay Road to accommodate vehicles entering the development. Holland Drive at Site Access 2 In 2018 with site traffic, this intersection is expected to operate at LOS A in the AM and PM peaks. No improvements are recommended. Level of Service Summary Table A summarizes the level of service analysis at the study intersections: 9/15/15 15 -241 Rachel's Place Subdivision — Executive Summary ii Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 19 0 DAV EMORT Summary and Conclusion The proposed Rachel's Place Subdivision is located off of Blue Clay Road in Wrightsboro, New Hanover County, North Carolina. As currently planned, this development will consist of 154 single family detached homes. Two accesses to the development will be provided by one on Blue Clay Road and one on Holland Drive. Based on trip generation rates and equations published in Trip Generation (Institute of Transportation Engineers, 9th Edition), this development has a trip generation potential of 117 net trips in the AM peak and 155 net trips in the PM peak. Based on the analysis all study intersections are expected to operate at LOS B or better during the AM and PM peaks. It is recommended to provide a northbound left turn lane at Blue Clay Road and Site Access 1 of 100 feet storage with appropriate taper to accommodate the vehicles entering the development. In conclusion, this study has reviewed the impacts of both background traffic and this development traffic, and has determined that with the recommended improvements in place, there will be adequate capacity to accommodate future traffic. The final design of these improvements will need to be coordinated during the site plan approval process. Please note that all accesses to the site are required to be constructed to NCDOT standards. 9/15/15 15 -241 Rachel's Place Subdivision — Executive Summary iii Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 20 01 DAV EMORT Rachel's Place Subdivision — Transportation Impact Analysis Wrightsboro, New Hanover County, NC Prepared for Sunny Lane, LLC September 15, 2015 Table of Contents 1.0 Introduction .............................................................................. ............................... 2 Figure1 — Sketch Plan ................................................................. ............................... 3 Figure 2A — Site Location Map ..................................................... ............................... 4 Figure2B — Vicinity Map ............................................................... ............................... 5 2.0 Existing Conditions ................................................................. ............................... 6 2.1 Inventory ................................................................................. ............................... 6 2.2 Existing Traffic Volumes ......................................................... ............................... 6 Figure 3 — Existing Lane Geometry .............................................. ............................... 7 Figure 4 — 2015 Existing Traffic Volumes ..................................... ............................... 8 3.0 Approved Developments and Committed Improvements ..... ..............................9 3.1 Approved Developments .......................................................... ..............................9 3.2 Committed Improvements ....................................................... ............................... 9 4.0 Methodology .......................................................................... ............................... 10 4.1 Base Assumptions and Standards ........................................ ............................... 10 4.2 Trip Generation ..................................................................... ............................... 10 4.3 Trip Distribution ..................................................................... ............................... 11 4.4 2018 Future No Build Traffic ................................................. ............................... 11 4.52018 Build Total Traffic ......................................................... ............................... 11 Figure 5 — Trip Distribution ......................................................... ............................... 12 Figure 6 — 2018 Future No Build Volumes .................................. ............................... 13 Figure7 — Site Trips ................................................................... ............................... 14 Figure 8 — 2018 Build Volumes ................................................... ............................... 15 5.0 Capacity Analysis .................................................................. ............................... 16 5.1 Level of Service Evaluation Criteria ...................................... ............................... 16 5.2 Discussion of Results ............................................................ ............................... 17 5.3 Level of Service Summary .................................................... ............................... 17 Figure 9 — Recommended Improvements ................................... ............................... 18 6.0 Summary and Conclusion .................................................... ............................... 19 Appendix....................................................................................... ............................... 20 TripGeneration ............................................................................. .............................21 Level of Service Analysis ............................................................ ............................... 22 TrafficVolume Data .................................................................... ............................... 26 Supporting Documentation ......................................................... ............................... 27 Approved Development .............................................................. ............................... 28 9/15/15 15 -241 Rachel's Place Subdivision — Transportation Impact Analysis Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 21 0 DAVENPORT Rachel's Place Subdivision — Transportation Impact Analysis Wrightsboro, New Hanover County, NC Prepared for Sunny Lane, LLC September 15, 2015 1.0 introduction The proposed Rachel's Place Subdivision is located off of Blue Clay Road in Wrightsboro, New Hanover County, North Carolina. As currently planned, this development will consist of 154 single family detached homes. Two accesses to the development will be provided by one on Blue Clay Road and one on Holland Drive. Figure 1 show the sketch plan. The site location and vicinity map are illustrated in Figures 2A and 213, respectively. DAVENPORT was retained to determine the potential traffic impacts of this development and to identify transportation improvements that may be required to accommodate the impacts of both background traffic and new development traffic. The following intersections were included in the study: • SR 1310 (Blue Clay Road) at SR 1322 (North Kerr Avenue) • Blue Clay Road at Site Access 1 • Holland Drive at Site Access 2 The intersections were analyzed during the AM (7 -9 am) and PM (4 -6 pm) peaks for the following conditions: • 2015 Existing Conditions • 2018 Future No Build Conditions • 2018 Build Conditions • 2018 Build Condition with Mitigation (if necessary) The planned build -out year for this development is 2018. This Transportation Impact Analysis (TIA) was carried out based on NCDOT typical standards. Information regarding the property was provided by Sunny Lane, LLC. 9/15/15 15 -241 Rachel's Place Subdivision — Transportation Impact Analysis 2 Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 22 rj :t t :r L 5. 'AM OC4 / + r 1 � f r 14 I -5' I Y ro f 12 ' �7 40 A6 47 43 y's 44• r�"XY ROAD OAVEMD eily w 1,3 s� e= ~t 13-0 14 13"5 26 r� zr 1.j7 1443 tan - 19.3 ze FIGURE 1 SKETCH PLAN 30 �� 94. 73 3i 50 92 99 a' 34 .57 95 f 4 -. 41 yg� f 4& Vic, 3.3 Ljinit5/ac 154 Units SITE ACCESSES • �fff /J/ 4 ry O Q U_ Z W H Q Q Z NO LU �U �O U- J W H G •• Z O U W ry W 0 Z U LU Z_ p H 0- 5 O �Xry cnwa 0- mQ N W D Z (D — LLU 01 DA V E NDO FAT 2.0 Existing Conditions 2.1 Inventory A field investigation was conducted by DAVENPORT staff to determine the existing roadway conditions in the study area. Table 2.1 contains the results of this effort. Figure 3 illustrates the existing lane geometry. 2.2 Existing Traffic Volumes Existing traffic volumes for this project were collected by DAVENPORT staff. Table 2.2 contains the dates these counts were conducted. Traffic volumes were balanced between the study intersections by using the greater of adjacent volumes. School was in session at the time of traffic counts. Figure 4 shows existing AM and PM peak hour volumes. More information can be found in the Traffic Volume Data section of the appendix. 9/15/15 15 -241 Rachel's Place Subdivision — Transportation Impact Analysis 6 Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 26 Z ITEM: 9 - 11 - 27 ITE9:g -]] -28 8§%§ » § � G G § \ . - @ §)§ 2 k � «° � §m \ o o E\) % mG�f � / G a §"� ® § e . \ / \ z \ b Ui } < mo ZZ ®® ® L,si2 _\ ®® X2&2 e!a \ \Eoo 00o SR 1310 (Blue Clay mkt - mie f r . z ue� 2 via c, \ \ \ \�\ f \ (f Zo= } \ k 3 \ 0 e 0 z Z ITE9:g -]] -28 8§%§ » § � G G § ; 2 A - @ §)§ 2 k � «° � §m §m o o E\) % mG�f � § "�� a §"� ® § e � .. ITE9:g -]] -28 0 DAV EMORT 3.OApproved Developments and Committed Improvements 3.1 Approved Developments Approved developments are developments that have been recently approved in the area, but not yet constructed. Per the WMPO staff, there are two developments seeking approval in the vicinity of the project that will be incorporated into the analysis. River Bluffs is a multi - development consisting of single family homes, condominiums, small retirement community and a country store located off of Chair Road whose TIA was completed by Ramey Kemp & Associates in 2008. This development is estimated to generate 4,555 daily site trips (251 trips in the AM peak and 393 trips in the PM peak). Trasco Distribution Center is a 205,000 square foot building located on North Kerr Avenue between Blue Clay Road and North Kerr Avenue whose TIA was completed by Ramey Kemp & Associates in 2014. This development is estimated to generate 1,776 daily site trips (360 trips in the AM peak and 340 trips in the PM peak). Riverside Development is a multi - family consisting of 165 single family detached homes and 72 apartments located off of North Kerr Avenue whose TIA was completed by DAVENPORT in May 2015. This development was analyzed for two (2) phases. Phase 1 (2016) will consist of 100 single family homes. Full Build (2019) will consist of 165 single family homes and 72 apartments. Since Riverside Development will be phase constructed before and after the Rachel's Place Subdivision, the Phase 1 trips were used in the analysis. The Phase 1 development is estimated to generate 1,050 daily site trips (80 trips in the AM peak and 105 trips in the PM peak). The site trips for each development were incorporated into all future build conditions. More information can be found in the Supporting Documents section of the Appendix. 3.2 Committed Improvements Committed Improvements are improvements that are planned by NCDOT or a developer in the area, but not yet constructed. Per WMPO, there are recommended committed improvements in the study area due to the two approved developments. These improvements are at the intersection of Castle Hayne Road and North Kerr Avenue, which is outside of the study area. 9/15/15 15 -241 Rachel's Place Subdivision — Transportation Impact Analysis 9 Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 29 0 DAV EMORT 4.0 Methodology 4.1 Base Assumptions and Standards In general, the analysis for this project was conducted utilizing commonly accepted NCDOT standards. The following table contains a summary of the base assumptions: 4.2 Trip Generation Trips for this development were projecting using TripGen 2013 software, based on the 9th edition of ITE Trip Generation Manual. Table 4.2 presents the results. 9/15/15 15 -241 Rachel's Place Subdivision — Transportation Impact Analysis 10 Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 30 0 DAV EMORT 4.3 Trip Distribution Site trips for this proposed development were distributed based on the existing traffic patterns and engineering judgment. The trip distribution model is shown in Figure 5, and the directional distributions for site trips are as follows: • 40% to and from the south on Blue Clay Road • 20% to and from the east on North Kerr Avenue • 15% to and from the north on Blue Clay Road • 15% to and from the west on Holland Drive • 10% to and from the west on North Kerr Avenue 4.4 2018 Future No Build Traffic The 2018 future no build traffic volumes were computed by applying a 1.0% compounded annual growth rate to the 2015 existing traffic volumes and adding approved development trips. Figure 6 shows 2018 future no build traffic volumes for AM and PM peaks. 4.5 2018 Build Total Traffic The 2018 build -out traffic volume was obtained by summing the 2018 future no build volumes and site trips due to the proposed development. Site trips are shown in Figure 7. The 2018 future build volumes are shown for AM and PM peaks in Figure 8. More information can be found in the Traffic Volume Data section of the appendix. 9/15/15 15 -241 Rachel's Place Subdivision — Transportation Impact Analysis 11 Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 31 z oz W Z z o • N N_ O J O Q W Z_ N W > 0 w � J W a W 0 O F J D Z 0 ° 07 � r IrI (7 W (7 W O �_ W Q O N Z W m 000 �~ Z Z~ ? � LL II Z d LL W W O � Q z d F • J W _ W 0 Q Ir d Z 0 0 N r 70% IN � 40% IN SR 1310 " o00 15% IN (Blue Clay Road) = o r► 20 %OUT =Z F- F- 40% OUT Z O O 10% OUT o °� '° ° U o o oo Q .� E '6 a —� N mo N o _.m`o, U�oo mo H Q d`�°�w5 O m � Q o $ o', o .88 ° T N N o C > N O_ N oo > L - N °/a J _o O ` us IN s 1= Eo' oo�5 ° a 0 rl O �`o ma �zd Z . ?`o >� N !E 'i m m N N � Cl � C f6 O 2 00 r to W a U O H H O z Z ITEM: 9 - 11 - 32 IrI K ~ U W J j W 000 . ITEM: 9 - 11 - 32 ITEM: g -]] -aa 8§%§ » » § § � G G G § § ; \ . - @ §)§ 2 2 k k � � «° � � §m § \ o o o E E\) % % mG�f � � § / G a §"� ® § § e ' \ \ \ z . \ § Ui } < mo ZZ LO C\1 ®® ® L,si2 LO CO LO co c\1 �ss2 _/ ®® 9!» \ \ \I( 00o SR 1310 (Blue Clay mkt - ,Eia f r . z ue� 2 49 43 j/ \ \ \ \�\ f #(;; \ (f Zo= } \ k 3 \ 0 e 0 z Z ITEM: g -]] -aa 8§%§ » » § § � G G G § § ; ; 2 2 A - @ §)§ 2 2 k k � � «° � � §m § §m o o o o E E\) % % mG�f � � § § " "�� a a §"� ® § § e � .. g -]] -aa ITEM: 9 - 11 - 34 oz O WZ O z 0 W W o Z N W N F J F Q Z N >_ N � N Q d � (7w yw 0 U w¢� a mZ LO D! LLLL a �a � Uri 07 K ~ W J W j (n W °� 000 . w U Q z d J 0 w w _ 0 � Q d 0_ °00 LO /0 co 0 0 4--12/39 o/o � I � ro /o 4-20/69 SR 1310 000 18/11 1 (Blue Clay Road) 35/23 o00 0 /0� O1 ° 9/6� X00 4/15 � (O G > 0 - 2 m w o ic o a �_a `o co E d El d _ 0 m N °°ate N 7 z t w pmt y � > >`o ° o o U U L0/0 v V °� �° .� 4-0/0 Y _ o �a 0 w = co Z ° °Emm N r E`o ° ° O 18 °o 4/15 J U) _ �O >° 0 /0 - -* v v c m O 2 00 a w U U O H H O z Z ITEM: 9 - 11 - 34 oz O WZ O W W o Z N W N F J F Q Z N z y Q � N Q d � (7w yw 0 U w¢� a mZ ?Z D! LLLL a �a � Uri Q K ~ W J W j m , 000 . ITEM: 9 - 11 - 34 ITEM: 9 - 11 - 35 z z oz W O i 0 O W O Q N N_ � J � � � Z_ W OD LO � J W Q y Q W Z y p O ~ O 07 • 000 t7 W yw O � wQ� d m fn Z ? Z � W LL _ U Q d z ■ co J F U W W 0 Q d In N O M � oo L 175 / 283 co co X133/286 204 / 369 4-19/39 4-20/69 SR 1310 000 120/69 1 (Blue Clay Road) 317/136 (0L 433 / 215 O) ° 58/49 M 4/15 H ro c\1 c\1 c) U M _ >.O aa�az 'o It o a `o E d El d _ m m N °°ate N 7 z s w pmt y � > >`o ° o Q d` C, ° U U L0/0 v a m V °� � v .• 4--57/68 Y� 0 ° N > o `o ° r ' ° O `o Na ° 4/151 WE "o_ ~�m,�. 71/57 v v c m O 2 00 a w U U O H H O z Z ITEM: 9 - 11 - 35 Y j a � Q ~ U W J 7 m 000 . ITEM: 9 - 11 - 35 0- DAVENPORT 5.0 Capacity Analysis 5.1 Level of Service Evaluation Criteria The Transportation Research Board's Highway Capacity Manual (HCM) utilizes a term "level of service" to measure how traffic operates in intersections and on roadway segments. There are currently six levels of service ranging from A to F. Level of service "A" represents the best conditions and Level of Service "F" represents the worst. Synchro Traffic Modeling software was used to determine the level of service for studied intersections. Note for unsignalized intersection analysis, the level of service noted is for the worst approach of the intersection. This is typically the left turn movement for the side street approach, due to the number of opposing movements. All worksheet reports from the analyses can be found in the Appendix. Table Capacity Levels of Service and Control Delay Criteria Signalized Intersection Unsignalized Intersection Level of Service Control Delay Per vehicle (sec) Level of Service Delay Range (sec) A < 10 A < 10 B > 10 and <_ 20 B > 10 and <_ 15 C > 20 and <_ 35 C > 15 and <_ 25 D > 35 and <_ 55 D > 25 and <_ 35 E >55 and <_80 E >35 and <_50 F > 80 F > 50 9/15/15 15 -241 Rachel's Place Subdivision — Transportation Impact Analysis 16 Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 36 01 DAV EMORT 5.2 Discussion of Results The following section discusses 2018 level of service for each intersection. Blue Clay Road at North Kerr Avenue This signalized intersection currently operates at LOS B during the AM and PM peaks. In 2016 future no build conditions and build conditions, the level of service is expected to remain the same. No improvements are recommended. Blue Clay Road at Site Access 1 In 2018 with site traffic, this intersection is expected to operate at LOS B in the AM and PM peaks. It is recommended to provide 100 feet of storage with appropriate taper for a northbound left turn lane on Blue Clay Road to accommodate vehicles entering the development. Holland Drive at Site Access 2 In 2018 with site traffic, this intersection is expected to operate at LOS A in the AM and PM peaks. No improvements are recommended. 5.3 Level of Service Summary Table 5.2 summarizes the level of service analysis at the study intersections: 9/15/15 15 -241 Rachel's Place Subdivision — Transportation Impact Analysis 17 Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 37 z p z w z 0 p o w o Q _ j v N N� J~ j O Z D LO � Q y Z y p II N 07 � F N F � � W m � Z � Z . LL W U Q Z d F co J 0 W W _ 0 Ir Q d � o F TO 8 -a az mw �6 ic ° 0 L125' 325' r —o�oo �� c�°�°ao 000 SR 1310 z� (glue Clay Road) s a T' 450 '1 of g o a— ac s y 100'1 oo N i N — m m ° m Q O N ��m N N ? 0 0 o w 5 —0 N °`o Ana -O U o ow5 o >� U N N N C N Q N Y v t .r � � O Z � U 'a N N W N 0 O _ 0 00 Z M_ Z ITEM: 9 - 11 - 38 II Q ¢H Y Q OJO 000 . ITEM: 9 - 11 - 38 01 DA V E NDO FAT 6.OSummary and Conclusion The proposed Rachel's Place Subdivision is located off of Blue Clay Road in Wrightsboro, New Hanover County, North Carolina. As currently planned, this development will consist of 154 single family detached homes. Two accesses to the development will be provided by one on Blue Clay Road and one on Holland Drive. Based on trip generation rates and equations published in Trip Generation (Institute of Transportation Engineers, 9th Edition), this development has a trip generation potential of 117 net trips in the AM peak and 155 net trips in the PM peak. Based on the analysis all study intersections are expected to operate at LOS B or better during the AM and PM peaks. It is recommended to provide a northbound left turn lane at Blue Clay Road and Site Access 1 of 100 feet storage with appropriate taper to accommodate the vehicles entering the development. In conclusion, this study has reviewed the impacts of both background traffic and this development traffic, and has determined that with the recommended improvements in place, there will be adequate capacity to accommodate future traffic. The final design of these improvements will need to be coordinated during the site plan approval process. Please note that all accesses to the site are required to be constructed to NCDOT standards. 9/15/15 15 -241 Rachel's Place Subdivision — Transportation Impact Analysis 19 Board of Commissioners - January 4, 2016 ITEM: 9 - 11 - 39