HomeMy WebLinkAboutAgenda 2016 06-06AGENDA
JUNE 6, 2016
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
4:00 PM
MEETING CALLED TO ORDER (Chairman Beth Dawson)
INVOCATION (Father Timothy Yates, Saint Basil the Great Orthodox Church)
PLEDGE OF ALLEGIANCE (Commissioner Rob Zapple)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Adoption of State Road Resolution
3. Approval of Shallow Draft Inlet Fund Grant Request, Carolina Beach
Inlet, Inshore Dredge Material Management Site (IDMMS)
4. Approval of March 2016 Tax Collection Reports
5. Approval of April 2016 Tax Collection Reports
6. Approval to Amend Fee Schedule to Increase Contract Deputy
Fee /Pay from $30 Per Hour (with a four hour minimum) to $36 Per
Hour (with a four hour minimum)
ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS
MINUTES
5 7. Consideration of a Resolution Authorizing Reallocation of the
County's Qualified Energy Conservation Bond Allocation to the State
of North Carolina
5 8. Public Hearing
Economic Development and Economic Incentive Appropriations
60 9. Public Hearing on the FY2016 -2017 Recommended Budget
40 10. Public Hearing
Rezoning Request (Z -952, 4/16) — Request by Wilmington Builders,
Applicant, on Behalf of the Property Owners, Noelle Holdings, LLC
and The Stokley Family Trust, to Rezone 0.45 Acres Located at 2
Silva Terra Drive from R -15, Residential District, to (CZD) O &I,
Conditional Office and Institutional District, in Order to Develop an
Office Building
40 11. Public Hearing
Zoning Ordinance Amendment Request (A -423, 5/16) — Request by
Board of Commissioners - June 6, 2016
Design Solutions to Amend Zoning Ordinance Article VII Section 81:
Minimum Parking Requirements to Create Parking Requirements for
Multi - Family Residential Projects Based on the Number of Units and
Number of Bedrooms Per Unit
PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes
ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS
MINUTES
10 12. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
13. ADJOURN
Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board
will move forward until the agenda is completed.
Mission
New Hanover County is committed to progressive public policy, superior
service, courteous contact, judicious exercise of authority, and sound fiscal
management to meet the needs and concerns of our citizens today and tomorrow.
Vision
A vibrant prosperous, diverse coastal community,
committed to building a sustainable future for generations to come.
Core Values
Integrity - Accountability - Professionalism - Innovation - Stewardship
Board of Commissioners - June 6, 2016
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 6, 2016
CONSENT
DEPARTMENT: Governing Body PRESENTER(S): Teresa P. Elmore, Clerk to the Board
CONTACT(S): Teresa P. Elmore
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Regular Meeting held on May 2, 2016
Budget Work Session held on May 12, 2016
Agenda Review Meeting held on May 12, 2016
Regular Meeting held on May 16, 2016
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 - June 6, 2016
ITEM: 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 6, 2016
CONSENT
DEPARTMENT: Governing Body PRESENTER(S): Teresa Elmore, Clerk to the Board
CONTACT(S): Teresa Elmore
SUBJECT:
Adoption of State Road Resolution
BRIEF SUMMARY:
NCDOT is considering the addition of the following roads and requesting the Board to adopt a resolution in
support of adding the roads to the state system:
Brighton Road, Crystal Court and Cameo Drive located within the Waterford Subdivision in New Hanover
County (Division File No. 1227 -N).
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt SR -2 resolution.
ATTACHMENTS:
NCDOT Request Letter and Maps
NHC Location Map
SR -2 Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners - June 6, 2016
ITEM: 2
MOVED
Trmwortafion MAY 2.3 2010
May 17, 2016 NHC Bart
Teresa Elmore, Clerk to the Board
New Hanover County Board of Commissioners
230 Government Center Drive, Suite 175
Wilmington, NC 28403
PAT MCCRORY
Gammor
NICHOLAS J. TENNYSON
seoeemrr
Subject: Proposed Addition to the State System of Highways; Brighton Road, Crystal Court
and Cameo Drive located within the Waterford Place Subdivision (Division File No:
1227 -N)
Dear Ms. Elmore:
This office is considering adding; Brighton Road (non - system portion), Crystal Court and Cameo
Drive which are located within the Waterford Place Subdivision in New Hanover County to the
state system of maintenance. After the Board's consideration, if they concur with our
recommendation, please furnish this office with the current county resolution and official road
names for our further handling.
If I may be of further assistance, please advise.
Sincerely,
% t . Q
�.
Benjamin T Hughes, P.E.
District Engineer
BTH :jdd
Attachments: Copy of SR -1 Road Petition request form and locator map
�'"Nathing
Stne of Noah Carolina I Dquirne t of M= mte9 n I NCDOT Dioxid 3,300 Division Drive Wfimingt NC 28101
Board @dipw asn►az�2*pne 6, 2016
ITEM: 2 -1 -1
HT.
h
lit
Nil
lit 11
gill 1
It
00H 4 iA, AR I I
NRP;
i=T
All
lilt 1011
c9N
1.
Oy
Boarlof Commissioners - June 6, 2016
1 1 FKA' 9 - 1 - 9
11
4
gd
it
1
Rl� PA
fill
It
3, 1 "° ggb g
a
a
a1 �I
�f
-. --H
B !
Q
Board of Commissioners - A
ITEM: 2 - 1 - 3
rjI i
M•
9�
is
i
i
I
Q R �
a X44
I
ag6g .
(y
I
A
I
a
�-'--
_
O
I
R
: I
a
jllg
I
I
Board of Commissioners - A
ITEM: 2 - 1 - 3
rjI i
M•
9�
is
i
i
jot
/��
k � K �
3
I
a /�� \I _ �
\^ \ ` ,
| \ � h . .
\� /� j |{ �/
I
Board of Commissioners - June 6, 2016
R
IIF-
40 44P
Board of Commissioners - June 6, 2016
ITEM: 2 - 1 - 5
-bIN
x
yi o
0
N „�
a
�D I_40
0
y0 1AD 303110
Q O
z
a
239.D
U
7TH
_
H7V39 VNn OL'YJ
GP N3AIN - --
N S
Q
0
Q�
m
O
O
30
A-Z
bONboN
yo
O y��
J
0
�J
�f
�d
J
V
�O
v�
N
O
O
O
O
O
y �
0-
Y
z
a
2
y�
)d
M
Cq
N
v
O
w
�
�
z n
B rd f ommissioners - 6, 2016
ITEM:2 -2 -1
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description: Brighton Road, Crystal Court and Cameo Drive located within the
Waterford Subdivision in New Hanover County (Division File No.
1227 -N).
WHEREAS, a petition has been filed with the Board of County Commissioners of the
County of New Hanover requesting that the above described road(s), the location of which
has been indicated on a map, be added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above
described roads) should be added to the Secondary Road System, if the roads) meets
minimum standards and criteria established by the Division ofHighways of the Department
of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of
New Hanover that the Division of Highways is hereby requested to review the above
described road(s), and to take over the roads) for maintenance if they meet established
standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 6th day of June, 2016.
WITNESS my hand and official seal this the 6th day of June, 2016.
Teresa P. Elmore, Clerk to the Board
New Hanover County Board of Commissioners
Form SR -2
Please Note: Forward directly to the District Engineer, Division of Highways.
Board of Commissioners - June 6, 2016
ITEM: 2 - 3 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 6, 2016
CONSENT
DEPARTMENT: Engineering PRESENTER(S): Layton Bedsole, Shore Protection Coordinator
CONTACT(S): Jim Iannucci, County Engineer and Layton Bedsole
SUBJECT:
Approval of Shallow Draft Inlet Fund Grant Request, Carolina Beach Inlet, Inshore Dredge Material
Management Site ( IDMMS)
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
(attached NHC grant application evaluation form) augmenting permitting costs for the IDMMS (attached
project summary). The Carolina Beach Inlet falls 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 total cost of the IDMMS permitting effort is approximately $31K. If approved by the NCDWR, the grant
would provide 66% or approximately $21K leaving approximately 33% or approximately $10K. The
remaining costs (33 %) would be room occupancy tax eligible. 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 use of the Shallow Draft Fund would require a resubmittal incorporating event specific details.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Deliver value for taxpayer money
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff is requesting approval to submit the NCDWR grant application and adoption of the resolution.
ATTACHMENTS:
NHC Project Summary
NHC Grant Request
NHC BOC Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners - June 6, 2016
ITEM: 3
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners - June 6, 2016
ITEM: 3
North Carolina Division of Water Resources
Water Resources Development Grant Application
Inshore Dredge Material Management Site
Board Summary
Summer 2016
Carolina Beach Inlet
New Hanover County
Board of Commissioners - June 6, 2016
ITEM: 3 - 1 - 1
Authorization Summary
The Carolina Beach Inlet (CBI) 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. In 2016 and as a backup strategy, New Hanover County
(NHC) was issued federal and state permits to maintain CBI just as the US Army Corps of
Engineers ( USACE) has for the past several decades. NHC is now requesting to modify NHC's
recently issued CBI permit allowing modified approaches to maintenance dredge material
management practices. NHC is requesting authorization to multi - purpose the existing engineered
borrow site as an inshore dredge material management site ( IDMMS).
(1) NHC proposes accessing the IDMMS by hopper dredges as an alternative to the
nearshore placement area two miles south of the inlet. This approach would improve the
hopper dredges' effective operational periods by reducing transit times, fuel consumption
and limiting wave conditions accessing the surf. This capability would strategically stage
beach compatible material within a currently authorized engineered site for beneficial
reuse. NHC proposes the same hopper access to the AIWW crossing with the same
beneficial reuse management.
(2) NHC proposes a modified hydraulic cutterhead alignment that positions a Tremie pipe
discharge configuration facilitating positional placement of beach quality material within
the IDMMS. This modified approach could be applicable to those AIWW crossing
contracts managed by the USACE and /or other CBI maintenance reaches.
These modified approaches may minimize potential effects on shore birds, sea turtles, near shore
fisheries and benthics.
The IDMMS is proposed to facilitate improved channel maintenance options in terms of
maintenance dredge material management. The CBI system includes a connecting channel from
within the AIWW crossing through two healthy inlet shoulders to the Atlantic Ocean. The CBI
has an authorized depth of -8' ( ±2') MLW with a bottom toe width of 150'.
NHC is requesting a Water Resources Development Project Grant supporting the federal and
state permitting of an IDMMS. The applicable project costs are —$31K and NHC is submitting a
grant request of 66.67% or —$21K of the IDMMS's federal and state authorization efforts. NHC
will meet the remaining 33.33 %.
Board of Commissioners - June 6, 2016
ITEM: 3 - 1 - 2
NEW HANOVER COUNTY
Grant Application Evaluation Form
(�C: V_ 1 (.0 - (Y3_�
Lead Department:
Date:
❑Yes x No ❑Possibly
13 May 2016
-Engineering
Department Head:
Focus Area:
lannucci
Carolina Beach Inlet
�Co- Applicants / Other Participating Departments /Agencies /Community Organizations:
NC Division of Water Resources NCDWR
( )
Grant Title:
`nshore Dredge Material Management Site (IDMMS
�unding Organization:
NCDWR
fiscal Year:
Grant Amount:
xNew Grant ❑Recurring Grant
FY 16/17
—$21K
Multi -Year Grant? ❑Yes xNo
Matching Funds? xYes ❑No
If Yes, Amount:
❑In Kind
—$ l OK
xCash
❑Other
i
kpplication Due Date:
NA
3riefly describe the purpose of the grant.
C
Prepare and submit Federal and State permitting applications supporting the multi - purpose use of an
IDMMS within the throat of Carolina Beach Inlet.
- -
C
� 1
Ff known: Are any other NHC Departments eligible for this funding? ❑Yes x No ❑Possibly
?' Specify, which one(s)?
i Program Duplication /Cost Recover
Will this project in any way duplicate or compete with another service or
❑Yes x No ❑Possibly
.)rogra m provided by NHC, another local agency or community organization?
will this grant provide support for a mandated service?
❑Yes x No
F'
`,an we capitalize on this funding to meet current and/or future equipment or
❑Yes x No
lracilit needs?
'.)oes the grantor agency accept indirect costs as an allowable expense?
❑Yes x No
I
LIf Yes, what dollar or percentage is allowed?
i
!I
i
i
I
Board of Commissioners - June 6, 2016
ITEM: 3 - 2 - 1
Additional Grant Considerations
"an the proposal be completed within grant time frame allotted?
x Yes ❑No ❑Possibly
'an the requirements of this grant be met with current staffing levels?
xYes ❑No ❑Possibly
`'Vill new positions be requested (or expiring grant funded positions extended)?
❑Yes xNo
,�f Yes, how many new positions will be funded by the grant?
new positions
F.
i " low many existing positions will be funded by the grant?
existing positions
" Vill the grant create a program or require any County commitment for funding
❑Yes xNo
,..fter grant funding ends?
)oes this program fit well with and enhance a current department or County
xYes ❑No
)rogram / initiative / service? If Yes, please explain:
'ntelligent Growth and Economic Development
Build and maintain infrastructure
)oes sufficient administrative support exist to make the grant worth pursuing?
xYes ❑No
- )escription of items or services to be purchased with funds:
ederal and State permit development and processing.
i
t
ire matching funds in the current budget or does the match require additional
xAvailable
unding?
❑Additional Needed
❑N /A- No matching funds
required/requested
_
..)oes the grant extend beyond the fiscal year (7/1 to 6/30)?
xYes ❑No
s funding received in advance or on a reimbursement basis?
❑ln Advance
xReimbursement
14
I have read, and am familiar with, the Grant Policy (AM 13 -001). I acknowledge that as the
I' 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)
Grants & Project Analyst
Date
Date
❑Approved
Requires BOCC Date
approval (agenda date)
Board of Commissioners - June 6, 2016
ITEM: 3 - 2 - 2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION SUPPORTING THE ONGOING MANAGEMENT AND
MAINTENANCE OF CAROLINA BEACH INLET
WHEREAS, the New Hanover County (NHC) Board of Commissioners supports the ongoing
management and maintenance of Carolina Beach Inlet through a coordinated effort facilitating
the implementation of an inshore dredge material management site (IDMMS).
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of
Commissioners that:
1) The Board requests the State of North Carolina (NC) to provide financial assistance to New
Hanover County's coordination and authorization of the IDMMS in the amount of $21,000 or
66.67% of the project's federal and state permitting and authorization costs; and
2) NHC assumes full obligation for payment of the balance of permitting costs; and
3) NHC holds all necessary NC and federal permits for modifying; and
4) NHC has complied with all applicable laws governing the award of contracts and the
expenditure of public funds by local governments; and
5) NHC has obtained suitable dredge material disposal areas as needed and all other easements
or rights -of -way that may be necessary for the project implementation without cost or
obligation to NC; and
6) NHC has assured that the inlet is available for use by the public on an equal basis; and
7) NHC will hold NC harmless from any damages that may result from the construction,
operation and maintenance of the project.
ADOPTED this the 6th day of June, 2016.
NEW HANOVER COUNTY
Beth Dawson, Chairman
ATTEST:
Teresa P. Elmore, Clerk to the Board
Board of Commissioners - June 6, 2016
ITEM: 3 - 3 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 6, 2016
CONSENT
DEPARTMENT: Tax PRESENTER(S): Allison Snell, Assistant Tax Administrator
CONTACT(S): Allison Snell
SUBJECT:
Approval of March 2016 Tax Collection Reports
BRIEF SUMMARY:
NCGS 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected.
Collections for March 2016 are comparable to collection for March 2015. We are slightly ahead of where we
were March 2015.
The report for March 2016 in comparison to March 2015 is as follows:
New Hanover County
Current Year
March 2015
98.63%
Real Property
98.50%
98.31%
Personal Property
92.86%
93.05%
Motor Vehicle
100%
99.91%
Overall Collection Rate 98.13% 97.94%
Total collected YTD $167,621,988.90 $159,568,113.88
Fire District
Current Year
March 2015
Real Property
98.63%
98.30%
Personal Property
94.19%
94.29%
Motor Vehicle
100%
99.91%
Overall Collection Rate 98.32% 97.99%
Total Collected YTD $7,782,453.83 $8,670,161.96
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Board of Commissioners - June 6, 2016
ITEM: 4
Approve the reports.
ATTACHMENTS:
New Hanover County Monthly Collection Reports for March 2016
New Hanover County Fire District Monthly Collection Report for March 2016
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners - June 6, 2016
ITEM: 4
New Hanover County M onthly Collection Report for M arch 2016
Current Year 2015
Scroll /Billed
Abatements
Adjustments
Foal Estate
Personal Property
Motor Vehicles
Combined
$ 149,743,468.09
$ (932,665.73)
$ 6,785.76
$ 13,764,168.84
$ (184,687.87)
$ 2,903.89
$ 8,174,219.16
$ -
$ -
$
$
$
171,681,856.09
(1,117,353.60)
9,689.65
Total Taxes Charged
Collectionsto Date
Write -off
$
$
$
148,817,588.12
146,588,845.44
(296.47)
$
$
$
13,582,384.86
12,611,702.77
(1,167.57)
$
$
$
8,174,219.16
8,174,077.56
-
$
$
$
170,574,192.14
167,374,625.77
(1,464.04)
Outstanding Balance
$
2,228,446.21
$
969,514.52
$
141.60
$
3,198,102.33
Collection Percentage
YTDInterest Collected
98.50
102,784.44
92.86
23,698.76
100.00
18,878.35
98.13
YTD Interest Collected
$
176,058.80
$
9,017.05
$
62,287.28
$
247,363.13
Total 2015 CollectionsYTD
167, 621, 988.90
Prior Years 2005 -2014
Scro 11
Abatements
Adjustments
Peal Estate
Personal Property
Motor Vehicles
Combined
$ 1, 826, 059.15
$ (259,424.79)
$ 20,023.16
$ 3,125, 633.59
$ (183,316.16)
$ (214.67)
$ 1, 249, 783.82
$ (1,132.20)
$
$
$
6, 201, 476.56
(443,873.15)
19,808.49
Total Levy
Collectionsto Date
Write -off
$
$
$
1, 586, 657.52
648,759.64
(6,144.89)
$
$
$
2,942,102.76
125,950.41
(103,717.35)
$
$
1, 248, 651.62
43,014.72
$
$
$
5, 777, 411.90
817,724.77
(259,947.34)
$ (150,085.10)
Outstanding Balance
$
931,752.99
$
2,712,435.00
$
1,055,551.80
$
4,699,739.79
YTDInterest Collected
$
102,784.44
$
23,698.76
$
18,878.35
$
145,361.55
Total Prior Year CollectionsYTD
$ 963,086.32
Grand Total All CollectionsYTD $168,585,075.22
NEW HANOVERCOUNTY
Chairman
aerk to the Board
Date
Board of Commissioners - June 6, 2016
ITEM: 4 - 1 - 1
New Hanover County Fire District M onthly Collection Report for M arch 2016
Current Year 2015
Scroll /Billed
Abatements
Adjustments
Foal Estate
Personal Property
Motor Vehicles
Combined
$ 6,788,748.12
$ (79,372.94)
$ (6,749.22)
$ 713,081.47
$ (8,802.12)
$ 131.65
$ 496,181.64
$ -
$ -
$
$
$
7,998,011.23
(88,175.06)
(6,617.57)
Total Taxes Charged
Collectionsto Date
Write -off
$
$
$
6,702,625.96
6,610,644.89
(27.27)
$
$
$
704,411.00
663,384.06
(87.04)
$
$
$
496,181.64
496,181.64
-
$
$
$
7,903,218.60
7,770,210.59
(114.31)
Outstanding Balance
$
91,953.80
$
40,939.90
$
-
$
132,893.70
Collection Percentage
-
98.63
153.92
94.19
$
100.00
$
98.32
YTD Interest Collected
$
8,000.14
$
393.69
$
3,849.41
$
12,243.24
$
2,351.56
$
35,749.72
Write -off
$
(239.52)
$
(3,675.31)
Total 2015 CollectionsYTD
$ 7,782,453.83
Prior Years 2005 -2014
Foal Estate
Personal Property
Motor Vehicles
Combined
Scroll
$
98,480.92
$
156,490.99
$
59,228.00
$
314,199.91
Abatements
$
(26,059.53)
$
(6,128.49)
$
(66.27)
$
(32,254.29)
Adjustments
$
138.52
$
15.40
$
-
$
153.92
Totall.evy
$
72,559.91
$
150,377.90
$
59,161.73
$
282,099.54
Collectionsto Date
$
25,527.65
$
7,870.51
$
2,351.56
$
35,749.72
Write -off
$
(239.52)
$
(3,675.31)
$
(5,068.57)
$
(8,983.40)
Outstanding Balance
$
46,792.74
$
138,832.08
$
51,741.60
$
237,366.42
YTD Interest Collected
$
6,126.03
$
1,509.19
$
864.21
$
8,499.43
Total Prior Year CollectionsYTD
$ 44,249.15
Grand Total All CollectionsYTD $ 7,826,702.98
NEW HANOVERCOUNTY
Chairman
aerk to the Board
Date
Board of Commissioners - June 6, 2016
ITEM: 4 - 2 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 6, 2016
CONSENT
DEPARTMENT: Tax PRESENTER(S): Allison Snell, Assistant Tax Administrator
CONTACT(S): Allison Snell
SUBJECT:
Approval of April 2016 Tax Collection Reports
BRIEF SUMMARY:
NCGS 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected.
Collections for April 2016 are comparable to collection for April 2015. We are slightly ahead of where we
were April 2015.
The report for April 2016 in comparison to April 2015 is as follows:
New Hanover County
Current Year
April 2015
Real Property
98.90%
98.70%
Personal Property
93.18%
93.35%
Motor Vehicle
100%
99.92%
Overall Collection Rate
98.51%
98.31%
Total collected YTD
$169,206,878.60
$161,017,077.59
Fire District
Current Year
Amil 2015
Real Property
98.97%
98.64%
Personal Property
94.55%
94.49%
Motor Vehicle
100%
99.92%
Overall Collection Rate
98.65%
98.30%
Total Collected YTD
$7,867,908.89
$8,757,743.92
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Keep the public informed on important information
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the reports.
ATTACHMENTS:
Board of Commissioners - June 6, 2016
ITEM: 5
New Hanover County Monthly Collection Report for April 2016
New Hanover County Fire District Monthly Collection Report for April 2016
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners - June 6, 2016
ITEM: 5
New Hanover County M onthly Collection Report for April 2016
Current Year 2015
Scroll /Billed
Abatements
Adjustments
Foal Estate
Personal Property
Motor Vehicles
Combined
$ 149,743,468.09
$ (933,463.02)
$ 6,785.76
$ 13,764,168.84
$ (203,755.53)
$ 2,939.41
$ 9,173,081.95
$ -
$ -
$
$
$
172,680,718.88
(1,137,218.55)
9,725.17
Total Taxes Charged
Collectionsto Date
Write -off
$
$
$
148,816,790.83
147,183,764.86
(265.33)
$
$
$
13,563,352.72
12,637,406.71
(1,167.57)
$
$
$
9,173,081.95
9,172,940.35
-
$
$
$
171,553,225.50
168,994,111.92
(1,432.90)
Outstanding Balance
$
1,632,760.64
$
924,778.44
$
141.60
$
2,557,680.68
Collection Percentage
98.90
19,808.49
93.18
$
100.00
$
98.51
YTD Interest Collected
$
202,600.97
$
10,165.71
$
-
$
212,766.68
$
54,074.48
$
875,782.95
Write -off
$
(6,143.71)
$
(103,704.45)
Total 2015 CollectionsYTD
169, 206, 878.60
Prior Years 2005 -2014
Foal Estate
Personal Property
Motor Vehicles
Combined
Scro 11
$
1, 826, 059.15
$
3,125, 633.59
$
1, 249, 783.82
$
6, 201, 476.56
Abatements
$
(259,424.79)
$
(187,000.00)
$
(1,132.20)
$
(447,556.99)
Adjustments
$
20,023.16
$
(214.67)
$
19,808.49
Total Levy
$
1,586,657.52
$
2,938,418.92
$
1,248,651.62
$
5,773,728.06
Collectionsto Date
$
690,189.33
$
131,519.14
$
54,074.48
$
875,782.95
Write -off
$
(6,143.71)
$
(103,704.45)
$
(150,083.83)
$
(259,931.99)
Outstanding Balance
$
890,324.48
$
2,703,195.33
$
1,044,493.31
$
4,638,013.12
YTD Interest Collected
$
110,814.04
$
25,437.35
$
24,897.28
$
161,148.67
Total Prior Year CollectionsYTD
$ 1, 036, 931.62
Grand Total All CollectionsYTD $170,243,810.22
NEW HANOVERCOUNTY
Chairman
aerk to the Board
Date
Board of Commissioners - June 6, 2016
ITEM: 5 - 1 - 1
New Hanover County Fire District M onthly Collection Report for April 2016
Current Year 2015
Scroll /Billed
Abatements
Adjustments
Foal Estate
Personal Property
Motor Vehicles
Combined
$ 6,788,748.12
$ (79,412.91)
$ (6,749.22)
$ 713,081.47
$ (10,620.80)
$ 131.65
$ 556,479.37
$
$
$
8,058,308.96
(90,033.71)
(6,617.57)
Total Taxes Charged
Collectionsto Date
Write -off
$
$
$
6,702,585.99
6,633,507.01
(23.49)
$
$
$
702,592.32
664,239.39
(87.04)
$
$
$
556,479.37
556,479.37
-
$
$
$
7,961,657.68
7,854,225.77
(110.53)
Outstanding Balance
$
69,055.49
$
38,265.89
$
-
$
107,321.38
Collection Percentage
-
98.97
153.92
94.55
$
100.00
$
98.65
YTD Interest Collected
$
9,014.46
$
430.61
$
4,238.05
$
13,683.12
$
2,970.73
$
39,419.82
Write -off
$
(239.52)
$
(3,673.88)
Total 2015 CollectionsYTD
$ 7, 867, 908.89
Prior Years 2005 -2014
Foal Estate
Personal Property
Motor Vehicles
Combined
$
98,480.92
$
156,490.99
$
59,228.00
$
314,199.91
Scroll
Abatements
$
(26,059.53)
$
(6,154.60)
$
(66.27)
$
(32,280.40)
Adjustments
$
138.52
$
15.40
$
-
$
153.92
Totall.evy
$
72,559.91
$
150,351.79
$
59,161.73
$
282,073.43
Collectionsto Date
$
28,213.92
$
8,235.17
$
2,970.73
$
39,419.82
Write -off
$
(239.52)
$
(3,673.88)
$
(5,068.39)
$
(8,981.79)
Outstanding Balance
$
44,106.47
$
138,442.74
$
51,122.61
$
233,671.82
YTD Interest Collected
$
6,560.30
$
1,582.18
$
1,153.38
$
9,295.86
Total Prior Year CollectionsYTD
$ 48,715.68
Grand Total All CollectionsYTD $ 7,916,624.57
NEW HANOVERCOUNTY
Chairman
aerk to the Board
Date
Board of Commissioners - June 6, 2016
ITEM: 5 - 2 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 6, 2016
CONSENT
DEPARTMENT: Strategy & Budget PRESENTER(S): Beth Schrader, Chief Strategy & Budget Officer
CONTACT(S): Sheriff Ed McMahon and Avril Pinder, Deputy County Manager
SUBJECT:
Approval to Amend Fee Schedule to Increase Contract Deputy Fee/Pay from S30 Per Hour (with a
four hour minimum) to S36 Per Hour (with a four hour minimum)
BRIEF SUMMARY:
Businesses and film productions contract with the Sheriffs Office for off -duty deputies to provide security
The current fee is $30 per hour (with a four hour minimum) where $6 per hour is retained by the County to
cover administrative expenses and $24 per hour is paid to the deputy.
The Sheriff has experienced difficulty recruiting deputies to work at the current rate and has requested to
increase the contract rate to $36 per hour. The County would continue to retain $6 per hour to
cover administrative expenses, while $30 per hour would be paid to the deputy. The annual impact to the
FY17 budget would be an $83,754 increase to revenues and expenditures. However, the change would have
no net impact to the County.
The impact for the remainder of FY16 is projected to be less than $5,000. There are sufficient funds
budgeted in the current budget that a budget amendment is not necessary.
STRATEGIC PLAN ALIGNMENT:
Superior Public Health, Safety and Education
• Increase public safety and crime prevention
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve amendment to the fee schedule.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 5 -0.
Board of Commissioners - June 6, 2016
ITEM: 6
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 6, 2016
REGULAR
DEPARTMENT: County Manager PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer
CONTACT(s): Lisa Wurtzbacher
SUBJECT:
Consideration of a Resolution Authorizing Reallocation of the County's Qualified Energy
Conservation Bond Allocation to the State of North Carolina
BRIEF SUMMARY:
The North Carolina Biotechnology Center, Southeastern Office (NCBC) and Southeast Partnership supports
New Hanover County allowing project Optima KV in Duplin County to receive its Qualified Energy
Conservation Bonds. The bonds and the regional project fit within NCBC's industry priority of Industrial
Biotechnology. Specifically, the project is intended to allow farmers to convert agricultural by- product, an
operating expense, into a new revenue source that sustains agricultural operations.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Innovate programs to protect the environment
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the resolution.
ATTACHMENTS:
Letter of Support
Resolution
Excerpt of Minutes
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -1, Commissioner White dissenting.
Board of Commissioners - June 6, 2016
ITEM: 7
18 May 2016
SOUTHEASTERN OFFICE One of our industry focus areas in the Southeastern Region for the NC Biotech Center
is the diverse "Industrial Biotech" sector, which can be broadly characterized as
4006 Cleander Dr. converting diverse waste streams (e.g, industrial, agricultural, municipal) into revenue
_%ite 203 streams. A project that fits this description well is the proposed Optima KV project in
Duplin County to convert swine waste to energy. The potential benefits of the
Wilmington, NC28403 proposed project are wide - ranging and long -term, with favorable impacts on the
us4
region's economic vitality and environmental well - being.
This innovative technology implementation project will help farmers sustain their
910 - 398 -2385 operations long -term and realize additional revenue from their farms, using an
agricultural by- product that has traditionally been considered an operational expense.
The successful launch of this first -of -its -kind project will also spur additional, similar
projects throughout the region and state, with the same multitude of benefits.
To assist with the implementation of this technology solution, the project leaders,
including the NC Agricultural Finance Authority, are requesting that several local
governments transfer their unused allocations of the Qualified Energy Conservation
Bonds (QECBs) back to the state for use in financing the Optima KV project. The
financing for this project is scheduled to close in the July /August timeframe, so the
project leaders are requesting an expedited consideration of the transfer in June.
I understand that NC Southeast President Steve Yost has forwarded a resolution for
consideration by your county leaders, regarding this transfer. If your county currently
retains an unused allocation of QECBs, without plans to use these funds in your
county, I encourage you to seek the transfer of this unused allocation back to the state
to finance the Optima KV project. I believe this project will benefit not only the
project leaders and Duplin County but will also favorably impact our entire region
and state for many years to come.
ASHEVILLE
GREENVILLE
Thank you for considering this request to bolster our region's bioeconomy and long -
term economic growth. I look forward to working with the project team to realize the
RESEARCH TRIANGLE PARK benefit of this project to the southeastern region and to all of North Carolina.
WILMINGTON
Sincerely,
WINSTON- SALEM
Randall Johnson
Executive Director, Southeastern Office
Board of Commissioners - June 6, 2016
ITEM: 7 - 1 - 1
Mr. Chris Coudriet
New Hanover County
230 Government Center Drive, Suite 195
North
Wilmington NC 28403
a
Carolina
Biotechnology
RE. Support for Transfer of QECBs for Use in Financing the Optima KV Project.
Center
Dear Mr. Coudriet:
SOUTHEASTERN OFFICE One of our industry focus areas in the Southeastern Region for the NC Biotech Center
is the diverse "Industrial Biotech" sector, which can be broadly characterized as
4006 Cleander Dr. converting diverse waste streams (e.g, industrial, agricultural, municipal) into revenue
_%ite 203 streams. A project that fits this description well is the proposed Optima KV project in
Duplin County to convert swine waste to energy. The potential benefits of the
Wilmington, NC28403 proposed project are wide - ranging and long -term, with favorable impacts on the
us4
region's economic vitality and environmental well - being.
This innovative technology implementation project will help farmers sustain their
910 - 398 -2385 operations long -term and realize additional revenue from their farms, using an
agricultural by- product that has traditionally been considered an operational expense.
The successful launch of this first -of -its -kind project will also spur additional, similar
projects throughout the region and state, with the same multitude of benefits.
To assist with the implementation of this technology solution, the project leaders,
including the NC Agricultural Finance Authority, are requesting that several local
governments transfer their unused allocations of the Qualified Energy Conservation
Bonds (QECBs) back to the state for use in financing the Optima KV project. The
financing for this project is scheduled to close in the July /August timeframe, so the
project leaders are requesting an expedited consideration of the transfer in June.
I understand that NC Southeast President Steve Yost has forwarded a resolution for
consideration by your county leaders, regarding this transfer. If your county currently
retains an unused allocation of QECBs, without plans to use these funds in your
county, I encourage you to seek the transfer of this unused allocation back to the state
to finance the Optima KV project. I believe this project will benefit not only the
project leaders and Duplin County but will also favorably impact our entire region
and state for many years to come.
ASHEVILLE
GREENVILLE
Thank you for considering this request to bolster our region's bioeconomy and long -
term economic growth. I look forward to working with the project team to realize the
RESEARCH TRIANGLE PARK benefit of this project to the southeastern region and to all of North Carolina.
WILMINGTON
Sincerely,
WINSTON- SALEM
Randall Johnson
Executive Director, Southeastern Office
Board of Commissioners - June 6, 2016
ITEM: 7 - 1 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION AUTHORIZING REALLOCATION OF THE COUNTY'S
QUALIFIED ENERGY CONSERVATION BOND ALLOCATION
TO THE STATE OF NORTH CAROLINA
WHEREAS, Section 54D of the Internal Revenue Code of 1986, as amended (the "Code ")
authorizes the issuance of qualified energy conservations bonds ( "QECBs ") to finance a wide
range of renewable energy and energy conservation facilities, all as described in the Code
( "Qualified Conservation Purposes "); and
WHEREAS, under the American Recovery and Reinvestment Act of 2009 ( "ARRA ") the total
amount of QECBs authorized was increased to $3.2 billion, which was then allocated to each
state based on population; and
WHEREAS, the State of North Carolina (the "State ") received $95,677,000 in QECB allocation,
which was then reallocated by the North Carolina Tax Reform Allocation Committee ( "TRAC ")
in accordance with Section 54D of the Code and IRS Notice 2009 -29 to "large local
governments" (i.e. cities and counties with more than 100,000 in population); and
WHEREAS, New Hanover County (the "County ") qualifies as a "large local government," and
as part of the reallocation process, the County received from TRAC $2,006,351 in QECB
allocation (the "New Hanover QECB Allocation "); and
WHEREAS, the County does not anticipate using its QECB allocation for a Qualified
Conservation Purpose; and
WHEREAS, the County understands that the North Carolina Agricultural Finance Authority
(the "Authority ") has established a Green Community Program to promote energy conservation,
energy efficiency and environmental conservation on agricultural land and in agriculture related
industries, which makes loans to finance Qualified Conservation Purposes across the State; and
WHEREAS, the County has been requested to reallocate the New Hanover QECB allocation to
the State so that the State may in turn transfer the New Hanover QECB Allocation to the
Authority for the Authority to use in its Green Community Program to provide a portion of the
financing for energy conservation and efficiency projects, including renewable energy projects,
which qualify for funding through the Green Community Program; and
WHEREAS, the County is willing to consider such request, but only if the projects financed by
the Authority are located within the sixteen (16) county region comprising the North Carolina
Southeast Regional Economic Development Partnership (the "Region ") (the "Qualifying
Projects" and individually a "Qualifying Project ").
Board of Commissioners - June 6, 2016
ITEM: 7 - 2 - 1
NOW THEREFORE BE IT RESOLVED, by the New Hanover County Board of
Commissioners that the County hereby reallocates the New Hanover QECB Allocation to the
State, and requests the State to transfer such New Hanover QECB Allocation to the Authority to
be used in its Green Community Program to finance one or more Qualifying Projects located in
the Region, or otherwise be used for projects in the Region. The officers of the County are
hereby authorized and directed to take such action and file such reports and notices as may be
required to carry out this resolution.
ADOPTED this the 6th day of June, 2016.
NEW HANOVER COUNTY
Beth Dawson, Chairman
ATTEST:
Teresa P. Elmore, Clerk to the Board
2
Board of Commissioners - June 6, 2016
ITEM: 7 - 2 - 2
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 6, 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 have been recommended for appropriation in the FY16-
17 budget and are under consideration for adoption on June 20, 2016.
If, after conducting the public hearing, the Board finds that the appropriations /expenditures identified below
increase the population, taxable property, agricultural industries, employment, industrial output or business
prospects for New Hanover County, and the Board appropriates the items identified below as part of the
FY2016 -2017 Adopted Budget, then no additional Board action will be required to expend the funds. New
incentives, appropriations or expenditures or subsequent changes, will require public notice and another
hearing.
Economic Development Agencies /Organizations
These appropriations will be funded from General Fund revenues of the County.
Organization
Amount
Paid Over
Description of
Activities/Expense
Foreign Trade
$2,500
1 payment
Focused on building
Promotion Council
sustainable jobs within
the SENC region
The Southeastern
$20,000
2 payments
Regional & targeted
Partnership
industry specific
marketing, conducting
FAM events
Wilmington Business
$193,093
4 payments
Recruitment/assistance
Development
for business expansion
Board of Commissioners - June 6, 2016
ITEM: 8
Previously Approved Contractual Incentive Payments
These organizations must meet specified investment/job requirements before payment is made. These
appropriations will be funded from General Fund revenues of the County.
Organization
Amount
Paid Over
and /or relocation efforts
Wilmington
$65,000
2 payments
Activities to increase
Downtown, Inc.
General Electric
Up to $175,000
the number of
Live Oak Bank
Up to $65,000
1 payment
businesses, jobs & tax
Up to $300,000
1 payment
AAI Pharma (Alcami)
base in Wilmington's
1 payment
Urban Core
Wilmington Film
$120,620
4 payments
Promote /assist TV &
Commission
film production
activities to drive local
entertainment business
growth, support local
production
infrastructure &
businesses
Cape Fear Council of
$36,648
2 payments
Membership fee(s),
Governments
local government
services &
transportation planning,
workforce investment
Southeastern
$18,240
1 payment
Assist project
Economic
development necessary
Development
for the solicitation of
Commission
grant funding from the
Economic Development
Administration (EDA)
Previously Approved Contractual Incentive Payments
These organizations must meet specified investment/job requirements before payment is made. These
appropriations will be funded from General Fund revenues of the County.
Organization
Amount
Paid Over
Castle Branch
Up to $50,000
1 payment
Fortron
Up to $100,000
1 payment
General Electric
Up to $175,000
1 payment
Live Oak Bank
Up to $65,000
1 payment
PPD
Up to $300,000
1 payment
AAI Pharma (Alcami)
Up to $55,000
1 payment
Infrastructure Investment
A capital project investment of $14.6 million to fund the construction of water & sewer infrastructure along
US 421 from the Isabel Holmes Bridge to the Pender County line. The source of funding for this capital
project will be loan proceeds and /or grants and /or the General Fund of the County.
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
Board of Commissioners - June 6, 2016
ITEM: 8
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Conduct public hearing.
ATTACHMENTS:
Script
Public Hearing Notice
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Conduct public hearing.
COMMISSIONERS' ACTIONS:
Conducted public hearing. Approved 5 -0.
Board of Commissioners - June 6, 2016
ITEM: 8
SCRIPT FOR AGENDA ITEM
JUNE 6 2016
CHAIRMAN DAWSON:
I will now open a public hearing to receive comments on appropriations and expenditures
for economic development. The source of funding for these appropriations and
expenditures will be from the General Fund and /or loans and grants.
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. The economic development
expenditures that follow have been recommended for appropriation in the FY16 -17
budget and are under consideration for adoption on June 20, 2016.
The public is invited to comment on the following:
Economic Development Agencies /Organizations
Organization
Amount
Foreign Trade Promotion Council
$2,500
The Southeastern Partnership
$20,000
Wilmington Business Development
$193,093
Wilmington Downtown, Inc.
$65,000
Wilmington Film Commission
$120,620
Cape Fear Council of Governments
$36,648
Southeastern Economic Development
Commission
$18,240
Previously Approved Contractual Incentive Payments:
Organization
Amount
Castle Branch
Up to $50,000
Board of Commissioners - June 6, 2016
ITEM: 8 - 1 - 1
SCRIPT FOR AGENDA ITEM
JUNE 6 2016
Fortron
Up to $100,000
General Electric
Up to $175,000
Live Oak Bank
Up to $65,000
P P D
Up to $300,000
AAI Pharma (Alcami)
Up to $55,000
Infrastructure Investment
A capital project investment of $14.6 million to fund the construction of water & sewer
infrastructure along US 421 from the Isabel Holmes Bridge to the Pender County line.
The source of funding for this capital project will be loan proceeds and /or grants and /or
the General Fund of the County.
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:
Board of Commissioners - June 6, 2016
ITEM: 8 - 1 - 2
NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE THAT THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WILL
HOLD A PUBLIC HEARING ON MONDAY, JUNE 6, 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 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 FISCAL YEAR 2016 -2017, THE COUNTY IS CONSIDEREING APPROPRIATING
THE FOLLOWING ECONOMIC DEVELOPMENT /INCENTIVE EXPENDITURES AS PART OF THE
FY16 -17 BUDGET:
Foreign Trade Promotion Council, $2,500, 1 payment, focused on building sustainable jobs within the
SENC region; The Southeastern Partnership, $20,000, 2 payments, regional and targeted industry
specific marketing, conducting FAM events; Wilmington Business Development, $193,093, 4
payments, recruitment /assistance for business expansion and /or relocation efforts; Wilmington
Downtown, Inc., $65,000, 2 payments, activities to increase the number of businesses, jobs and tax
base in Wilmington's Urban Core; Wilmington Film Commission, $145,920, 4 payments, promote /assist
TV & film production activities to drive local entertainment business growth, support local production
infrastructure & businesses; Cape Fear Council of Governments, $36,648, 2 payments, membership
fee(s), local government services & transportation planning, workforce investment; and Southeastern
Economic Development Commission, $18,240, 1 payment, assist project development necessary for
the solicitation of grant funding from the Economic Development Administration (EDA). The source of
funding for these appropriations and expenditures will be from the General Fund of the county.
The following are incentive payments that were previously board approved as outlined in incentive
agreement contracts to be paid upon the company meeting specified investment /job requirements:
Castle Branch, up to $50,000, 1 payment, Fortron, up to $100,000, 1 payment; General Electric, up to
$175,000, 1 payment; Live Oak Bank, up to $65,000, 1 payment; PPD, up to $300,000, 1 payment; AAI
Pharma (Alcami), up to $55,000, 1 payment. The source of funding for these incentive payment
appropriations and expenditures will be from the General Fund of the county.
A capital project investment of $14.6 million to fund the construction of water & sewer infrastructure
along US 421 from the Isabel Holmes Bridge to the Pender County line. The source of funding for this
capital project will be loan proceeds and /or grants and /or the General Fund of the county.
THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WILL RECEIVE PUBLIC COMMENT
ON THESE AGREEMENTS AT THE ABOVE STATED TIME AND PLACE.
Teresa Elmore, Clerk to the Board of County Commissioners
New Hanover County, North Carolina
Board of Commissioners - June 6, 2016
ITEM: 8 - 2 - 1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 6, 2016
REGULAR
DEPARTMENT: Strategy & Budget PRESENTER(S): Chris Coudriet, County Manager
CONTACT (S): Beth Schrader, Chief Strategy and Budget Officer
SUBJECT:
Public Hearing on the FY2016 -2017 Recommended Budget
BRIEF SUMMARY:
Pursuant to General Statute 159- 12(b), before adopting the budget ordinance, the Board shall hold a public
hearing at which time any persons who wish to be heard on the budget may appear. This public hearing on
the FY2016 -2017 Recommended Budget meets the requirements.
Estimated
Minutes Agency
15 New Hanover County Schools
Chairman Donald Hayes
Superintendent Dr. Tim Markley
15 Cape Fear Community College
Dr. Amanda Lee, President
30 Other Agencies/Individuals
STRATEGIC PLAN ALIGNMENT:
Strong Financial Performance
• Control costs and manage to the budget
RECOMMENDED MOTION AND REQUESTED ACTIONS:
On Monday, June 6, 2016, review the FY2016 -2017 recommended funding with specific organizations and
hold a public hearing at 4:00 p.m., or thereafter to receive public comments on the FY2016 -2017
recommended budget.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Conduct public hearing.
COMMISSIONERS' ACTIONS:
Conducted public hearing.
Board of Commissioners - June 6, 2016
ITEM: 9
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 6, 2016
REGULAR
DEPARTMENT: Planning PRESENTER(S): Ben Andrea, Current Planning & Zoning
Supervisor
CONTACT(S): Ben Andrea; Ken Vafier, Planning Manager; Chris O'Keefe, Planning /Inspections Director;
and Ernest Olds, Planning Board Representative
SUBJECT:
Public Hearing
Rezoning Request (Z -952, 4/16) — Request by Wilmington Builders, Applicant, on Behalf of the
Property Owners, Noelle Holdings, LLC and The Stokley Family Trust, to Rezone 0.45 Acres Located
at 2 Silva Terra Drive from R -15, Residential District, to (CZD) O &l, Conditional Office and
Institutional District, in Order to Develop an Office Building
BRIEF SUMMARY:
The property proposed to be rezoned is a 0.45 acre parcel of land located at 2 Silva Terra Drive, at the
intersection of Silva Terra Drive and Carolina Beach Road. The zoning in the vicinity consists of a mixture
of commercial and residential zoning districts, including office uses and single and multifamily residential
uses.
The property hosts a 1425 sq. ft. brick ranch style home that is proposed to be repurposed for use as an
office. If the rezoning is approved, the proposed development must also go through the County's site
plan/building permit review process. The process includes the review of the technical standards of the
County's development regulations, including landscaping, buffering, stormwater, and building code
requirements.
A variance to the side yard setback and buffer requirements was passed by the Zoning Board of Adjustment
on April 26, 2016, necessary as the location of the existing structure and driveway would have not complied
with the structure setback and buffering requirements for a non - residential use adjacent to a residential use.
Due to the very low trip generation of approximately 4 peak hour trips, a Transportation Impact Analysis is
not required for this proposal.
This application was heard at the May 5, 2016 Planning Board meeting. At the meeting, the Planning Board
discussed the site design of the proposed development, and in particular the use and location of the existing
driveway and feasibility of utilizing a new driveway to the site from Carolina Beach Road. The Planning
Board voted 5 -0 to pass a motion recommending approval of the rezoning with no conditions, finding that it
is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Urban
classification calls for continued development and redevelopment of urban areas.
2. Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by
locating them within close proximity to the markets they serve and by ensuring that such commercial
uses do not diminish the quality of life of the existing residential communities.
Staff concludes that the rezoning request is consistent with the Urban land use classification and also aligns
with the draft comprehensive land use plan, and recommends approval of the request.
Board of Commissioners - June 6, 2016
ITEM: 10
STRATEGIC PLAN ALIGNMENT:
Intelligent Growth and Economic Development
• Attract and retain new and expanding businesses
• Implement plans for land use, economic development, infrastructure and environmental programs
• Understand and act on citizen needs
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff Suggested Motion:
Motion for approval, as the Board of Commissioners finds that this application for a zoning map amendment
of 0.45 acres from R -15, Residential District, to (CZD) O &I, Conditional Office and Institutional District as
described is:
Consistent with the purposes and intent of the 2006 CAMA Land Use Plan because the Urban
classification calls for continued development and redevelopment of urban areas.
Reasonable and in the public interest because it maximizes the effectiveness of commercial uses by
locating them within close proximity to the markets they serve and by ensuring that such commercial
uses do not diminish the quality of life of the existing residential communities.
ATTACHMENTS:
Z -952 Script
Z -952 Staff Summary
Z -952 Petition Summary
Z -952 Neighbor Properties Map
Z -952 Zoning Map
Z -952 CAMA Map
Z -952 Water -Sewer Map
Proposed Site Plan Cover Sheet
Z -952 Updated Proposed Site Plan
Applicant Materials Cover Page
Z -952 Application Package
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval as presented by staff.
COMMISSIONERS' ACTIONS:
Approved as submitted 5 -0.
Board of Commissioners - June 6, 2016
ITEM: 10
SCRIPT FOR Conditional Zoning District Application (Z -952, 5/16)
Rezoning Request (Z -952, 5/16) - Request by Wilmington Builders, applicant, on behalf of the
property owners, Noelle Holdings, LLC and The Stokley Family Trust, to rezone 0.45 acres
located at 2 Silva Terra Drive from R-15, Residential District, to (CZD) ON, Conditional Office
and Institutional District, in order to develop an office building.
This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for
rebuttal.
2. Conduct Hearing, asfollows
a. Staff presentation
b. Applicant' s presentation (up to 15 minutes)
C. Opponent's presentation (up to 15 minutes)
d. Applicant's cross examination /rebuttal (up to 5 minutes)
e. Opponent's cross examination /rebuttal (up to 5 minutes)
3. Gose the Public Hearing
5. At this time, you may ask to either continue the application to a future meting, or to proceed with
this Board deciding whether to recommend approval or denial of the application. What do you
wish to do?
6. Vote on the conditional zoning district application. The motion should include a statement saying
how the change is, or is not, oonsistent with the land use plan and why it is, or is not, reasonable and
in the public interest.
Staff Suggested Motion:
Motion for approval, as the Board of Commissioners finds that this application for a zoning map
amendment of 0.45 acres from R15, Pesidential District, to (CZD) O &I, Conditional Office and
Institutional District asdescribed is
1. Consistent withthe purposesand intent of the 2006 CAMA Land Use Ran because the Urban
classification calls for continued development and redevelopment of urban areas
2. R-,asonable and in the publicinterest because it mexinizesthe effectivenessof oom- rercial
usesby locating themwithin dose proximity to the merketsthey serve and by ensuring that
suchoommercial usesdo not diminishthe quality of life of the existing residential communities
Board of Commissioners - June 6, 2016
ITEM: 10-1 -1
CONDITONALZONING DISTRICTAPPUCATON
CASE: Z-952,5/16
PEnTONER Wilmington Builders, applicant
The Sokley Family Trust and Noelle Holdings, LLCproperty owners
RBQUEST: Fbzone from R-1 5, Residential District, to (CZD) O&1, Conditional Office and Institutional
District
ACREAGE 0.45 acres
LOCATION: 2 91va Terra Drive
RD. M7016- 002 - 001 -000
LAND CLASS Urban
PLANNING BOARD ACTION:
This application was heard at the May 5, 2016 Ranning Board meeting. At the meeting, the Planning
Board discussed the site design of the proposed development, and in particular the use and location of
the existing driveway and feasibilityof utilizing anew driveway to the site from CarolinaBeach Fbad. The
Ranning Board voted 5 -0 to pass a motion recommending approval of the rezoning with no conditions,
findingthat it is:
1. Consistent with the purposes and intent of the 2006 CAMA Land Use Ran because the Urban
classification provides continued i ntensive development and redevelopment of urban areas. The
property has access from an arterial street and is in dose proximity to public water and sewer
servi ces.
2. Fbasonable and in the public interest because it provides increased density in areas best suited
for development, because it provides alternative modes of transportation by installing a multi-
use path in accordance with the Comprehensive Greenway Ran, and because it provides
interconnectivity to the surrounding properties.
EXISTING CON DI11 ONS
EdstingZoningand Land Uses
The property proposed to be rezoned is a 0.45 acre parcel of land located at 2 91va Terra Drive, at the
intersection of 91vaTerra Drive and Carolina Beach Fbad. The property was zoned R-1 5 when zoning was
initially applied to this area in 1971.
The zoning in the vicinity consists of a mixture of commercial and residential zoning districts. On the
southwest side of Carolina Beach Fbad, the zoning is predominately R-15, including 91va Terra and the
surroundi ng parcels. An area of conditional R-7 exists in the 4800 block of Carol na Beach Fbad known as
Adams Landing. Across 91va Terra Drive from the subject site is a 1.06 acre conditional Office and
Institutional district that was approved in 2005 and consists of a multi- tenant office building. Another
conditional O&1 district was approved in December 2002 and is conditioned to several uses including
computer audio /video service, recording studio, personal real estate rental office, barber shop, service
station, lawn mower repair shop, rental tool business, and real estate business.
&INEZEM
Board of Commissioners - June 6, 2016
ITEM: 10- 2 - 1
OO S. -]OR-
The area across Carolina Beach Fbad is a variety of zoning types under either city or countyjurisdiction.
A large area along Belle Meade Drive was subject to a conditional zoning district approval in 2008,
however, areas of that site have been annexed into Wilmington and are under development with multi-
family residential projects. A remnant of the 2008 conditional zoning approval site isthe subject site for
a proposed multi - family residential project recently heard by the Ranning Board (Case Z -958 — Aaronfield
Cove). Other zoning across Carolina Beach Fbad from the subject site includes M F L (City), R-10, and R-
15.
Zoning MF�NI i ` S�F R 0
MF -L
i
R CD city of Wilmingt
-7 on
Existing Ste Conditions
The property proposed to be rezoned hosts a brick ranch style house that was constructed in 1970 and is
proposed by the petitioner to be repurposed for use as an office building.
Community Sarvices
Water and Sawer:
The property is within the Urban Sarvices boundary, and water and sewer service is available to serve the
structure.
ENSTAIGEM
Board of Commissioners - June 6, 2016
ITEM: 10- 2 - 2
Fire Protection:
The property is served by New Hanover County Fire Sarvices and located in the New Hanover County
mouth Fire District.
Schools:
The property islocated within the school districtsfor Wlliamsand Codington Bementaries, Myrtle Grove
Middle, and Ashley High schools, however the proposed use will not have any impacts on the school
system.
Conservation, Historic, and Archaeological R-,sources
The subject property does not host any known conservation, historic, or archaeological resources.
PETITIONER'S REQUEST:
The petitioner is seeking to rezone a 0.45 acre parcel from R-15, Fesidential District, to (CZD) 0&1,
Conditional Office and Institutional District, in order to repurpose the existing 1425 sq. ft. residential
structure for use as an office.
STAFF PO911ON:
Zoning and Subdivision Ordinance Considerations
The purpose of the Office and Institutional (0&1) District is to provide areas where institutional uses,
professional office uses, and other uses compatible to uses of an office or institutional nature are
encouraged to locate and to provide protection for thistype of land use from encroachment by other less
desirable uses. The district's principal means of ingress and egress should be along collector roads, minor
arterial streets, and /or major arterial streets.
A conceptual site plan is included as part of the application and is shown below. If the rezoning is
approved, the proposed development must also go through the County'ssite plan/ building permit review
process. The process includes the review of the technical standards of the County's development
regulations, including landscaping, buffering, stormwater, and building code requirements.
Commentson thesite plan weresolicited from keyagenciesthat would be part of thedevelopment review
process. Zoning staff noted that additional landscaping that is not shown on the site plan will be required,
including streetyard plantings along both 91vaTerra Drive and Carolina Beach Fbad, foundation plantings
around the building perimeter, and interior parking lot landscaping. Avariance from the nonresidential
structure setback and buffer yard requirements was approved by the Zoning Board of Adjustment on April
26, 2016 and was necessary because the existing structure and driveway location would not have met the
requirementsof Section 60.3 and Section 62.1 -4.
EZE M
Board of Commissioners - June 6, 2016
ITEM: 10- 2 - 3
Conceptual Ste Pan
Traffic and Transportation Considerations
The uses proposed as part of the conditional zDning district would not generate near the 100 peak hour
trip generation threshold that would require a Traffic Impact Analysis (TIA) to be performed.
The Wilmington Metropolitan Panning Organization (WMPO) conducted atrafficcount at the 5000 block
of Carolina Beach Fbad in 2015. The count yielded an Average Daily Traffic (ADT) of 29,430 trips. Carolina
Beach Road has a design capacity of 29,300 daily trips, and therefore it is classified as having an "F" Level
of 9?rvice (LOS) with a Volume to Capacity Ratio of 1.004.
WM POstaff provided commentson the proposal and site plan and indicated concernsabout the driveway
location and width. The existing driveway is proposed to serve the new use, and WM PO staff noted that
the driveway is within the functional area of the traffic signal for the intersection of 9 Iva Terra Drive and
Carolina Beach road, and that the site may besubject toturn rest ri ct i ons and improvementsto 9 Iva Terra
Drive. These issues will be examined further in the NC DOT Driveway Permit process. WMFbstaff also
noted that the 10' wide driveway is not wide enough for two way traffic and advised increasing the
driveway width to 16'.
ENNAZEM
Board of Commissioners - June 6, 2016
ITEM: 10- 2 - 4
Environmental
The property does not contain any Special Rood Hazard Areas or Significant Natural Heritage Areas. If t he
amount of impervious surface area warrants, stormwater management will be reviewed by New Hanover
County Engineering; however, a cursory review of the proposal by New Hanover County Engineering staff
was performed and the amount of impervious surface area proposed appears to be under the maximum
amount of impervious surface area that would require a stormwater permit.
Land Use Ran Considerations
According to the 2006 LAMA Ran, the site is classified as Urban. The purpose of the Urban classification
isto provide for continued intensive development and redevelopment of existing urban areas. With the
changes that have occurred to the area surrounding the site since residential zoning was applied and a
residential use established on the site in the early 1970s, Staff concl udest hat non - residential zDni ng would
be appropriate for the site and consistent with the 2006 LAMA Land Use Ran.
Draft Comprehensive Land Use Ran Considerations
The County is currently going through a processto create anew comprehensive land use plan. The current
draft of the new Comprehensive Ran classifies the area of the property subject to development as
Community Mixed Use on the Future Land Use Map.
The Community Mixed Use placetype 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 placetypes, 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 afew 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.
The proposed rezoning and change of land use from residential to office use is supportive of the
Community Mixed Use place type.
►AIDE M
Board of Commissioners - June 6, 2016
ITEM: 10- 2 - 5
REVI E1111 AN D AGn ON :
This request is being facilitated by 1ction 55.3 — Conditional Zoning District of the County's Zoning
Ordinance, and has been processed and reviewed per 1ction 110 — Amending the Ordinance. A
community meeting was held on February 8, 2016 in accordance with the requirements for such an
application. The meeting had minimal attendance and no changes were made to the proposal as a result
of the community information meeting.
Staff recommends approval of the application. Staff condudesthat the application isconsistent with the
requirements of the Zoning Ordinance and the additional zoning requirements for landscaping and
buffering can be met. Elaff concludes that the application is also consistent the 2006 Wilmington -New
Hanover County CAMA Land Use Ran and the intent of the Urban land use classification.
Action Needed
• Motion for approval of the petitioner's application [with or without agreed upon conditions]
• Motion to "table" the application in order to receive more information
• Motion for denial of the petitioner's application based on specific reasons
Example Motion for Approval:
Motion for approval, as the Board of Commissioners finds that this application for a zoning map
amendment of 0.45 acresfrom R-15, Fbsidential District, to (CZD) O&I, Conditional OFficeand Institutional
District asdescribed is
1. Consistent with the purposes and intent of the 2006 LAMA Land Use Ran because Describe
elements of controlling land use plans and how the amendment is consistent l.
2. R-,asonable and in the public interest because (Briefly explain why. Factors may indude public
health and safety, character of the area and relationship of uses, applicable plans, or balancing
benefits and detriments. l.
Conditions:
[List any agreed upon conditions]
MOIL S
Board of Commissioners - June 6, 2016
ITEM: 10- 2 - 6
Example Motion for Denial:
Motion for denial, as the Board of CDmmissionersfindsthat this application for azoning map amendment
of 0.45 acres from R-15, Fbsi dent ial District, to (C2D) 0& 1, Conditional Office and Institutional District as
described is
1. Not Consistent with the purposesand intent of the 2006 LAMA Land Use Ran because Describe
elements of controlling land use plans and how the amendment is not consistent).
2. Not reasonable or in the public interest because fBriefly explain why not. Factors may include
public health and safety, character of the area and relationship of uses, applicable plans, or
balancing benefits and detriments 1.
Staff Suggested Motion:
Motion for approval, as the Board of Commissioners finds that this application for a zoning map
amendment of 0.45 acresfrom R-15, Fesidential District, to (C2D) O&I, Conditional Office and Institutional
District asdescribed is
1. Consistent with the purposes and intent of the 2006 LAMA Land Use Ran because the Urban
classification callsfor continued development and redevelopment of urban areas.
2. R-,asonable and in the public interest because it maximizes the effectiveness of commercial uses
by locating them within dose proximity to the markets they serve and by ensuring that such
commercial uses do not diminish the quality of life of the existing residential communities.
&INSTAIGEM
Board of Commissioners - June 6, 2016
ITEM: 10- 2 - 7
Rezone from R-15, Fesidential District, to (CZD) O&1, Conditional Office and Insitutional District
tO 6■ {j M§Aff 5Aa
Parcel Location & Acreage: 2 91va Terra Drive, 0.45 acres
Petitioner /Owner: Wilmington Builders (Applicant)
TheElokely Family Trust and Noelle Holdings, LLC(Owners)
Existing Land Use: Residential
Zoning History: April 7, 1971 - Initiallyzoned R 15viaArea4
5 91vaTerra Drive rezoned to (CZD) 0&1 in August 2005
Land Classification:
Water Type:
Sawer Type:
Fbcreation Area:
Access:
Fire District:
Watershed & Water Qualit
Classification:
Conservation/ Historic/
Archaeological Fesources:
SDilsand Septic9aitability:
Schools:
Urban
Publicwater isavailable
Public sewer is available
Arrowhead Park
91va Terra Drive (NCDOT Driveway Permit Fequired)
New Hanover County SDuth
Barnards Creek (QSN)
No known historic or archaeological resources
Saagate Fine Sand (9?) - Severe (wetness)
Woodington Fine Sandy Loam (Wo) - Savere (wetness)
Williams and Codington Bementaries, Myrtle Grove Middle, Ashley High
- =A;VK» 0 °S. -109:1
Board of Commissioners - June 6, 2016
ITEM: 10- 3 - 1
d
N \�
E `
c 06
O O
N —ca
D
7 N
vii U :C d0.
o — �
c � C
d
H _
r- ^ T
N '£
a
c a
.y d
N Y
N
o sM�
m o G
rn
m c
O C
U N
.. D
a �P�
.0
m —
N H
N
I m
I o
ui
C4 d
o a I M r
N
a 01
1N1b'S
v
N
a m a a a
I.- � c
z z m m m m m.
z z<F g z a s
? a a a z z z z z I z z 1 w w
� ° a ? a a
a° a ° ° ° ° � > ° > > ° ° ° ° ° > ° ° >
5 �N °a°a n o
\ n
� 3
..Nma�,o�� . ...................NN�NNNNNNmmm u w
N
VO � NN l
f v
O P
o �
M
M
o
N �
�b
N
a m
N N I(
n
Board of Commissioners - June 6, 2016
ITEM: 10-4-1
- pRY
I/ 1
D
V
am
CJ N CJ �
V
m
Ln
V �
C
O
N
d
N \�
E `
c 06
O O
N —ca
D
7 N
vii U :C d0.
o — �
c � C
d
H _
r- ^ T
N '£
a
c a
.y d
N Y
N
o sM�
m o G
rn
m c
O C
U N
.. D
a �P�
.0
m —
N H
N
I m
I o
ui
C4 d
o a I M r
N
a 01
1N1b'S
v
N
a m a a a
I.- � c
z z m m m m m.
z z<F g z a s
? a a a z z z z z I z z 1 w w
� ° a ? a a
a° a ° ° ° ° � > ° > > ° ° ° ° ° > ° ° >
5 �N °a°a n o
\ n
� 3
..Nma�,o�� . ...................NN�NNNNNNmmm u w
N
VO � NN l
f v
O P
o �
M
M
o
N �
�b
N
a m
N N I(
n
Board of Commissioners - June 6, 2016
ITEM: 10-4-1
- pRY
0
01 �
ON
O O
_-
�d -
y O
0 �a
N-- m
D
y N
o
v0
d
rn
� 3
� J
D.s4113bQAF 1Nl
bs
.y d
'K of
W E
N
V /
y C V!
� P
c c P�0
v 10
V
m °
`m
Q �
m —
4A
N
d N
H h
U N
o
idOb ��d� f, .
Board of Commissioners -June 6, 2016
ITEM: 10- 5 -1
MMMM���
m
J�
m
0
Board of Commissioners - June 6, 2016
ITEM: 10-6-1
Board of Commissioners - June 6, 2016
ITEM: 10-7-1
PROPOSED
SITE PLAN
Board of Commissioners - June 6, 2016
ITEM: 10- 8 - 1
z
zF aE7p P��W Dw W
- ao U a a 0 C
sash? a
° aow
Qi
�oorc
______ VM3�iJ❑ 9NI151X3
I
w<
___ ____ _�� _ v�
-V9135 ]AID SZ rcm
m
3__30 __3 - ______-v_
� D� ___
iJ399 f19 ❑iJ VA133iJ 1S 8 L +
P AVM 90 1H— -- 99L
OVO2 H3V39 VNI102V3/1Zb AMH sn
0 3 -
v
- a
a
J o
I -
4 f
c�rc CD m
Z Z U
!' g6 Zp am a
9i5 dpN aN o 0
I
co ai
U
3 0
T U
ao
E
0
A
v
- —�
`V 0 v
0
4- v
o 0.0
U v
~ U, 0
Q
w 0 A, U
w-
N
w w NN
+ U
w
- a
0
+
C, +
Z
o
w
- orwii
w v w
'o �- " _ no
a
w
v - a•
o v
w
w
a _
w > _
O O
a w
a n
o W
a s
a a
v
- - z_ _
w w
o w v � v
� vi � d
+ _ N W
w H
ww0
-
K Q
Q
O
N
d d r�
I/i o d
xO x.T O
R W N
X T
0
0
col0
APPLICANT
MATERIALS
Board of Commissioners - June 6, 2016
ITEM: 10- 10 - 1
NEW HANOVER COUNTY
PLANNING & INSPECTIONS
�+
• � A UTHCRITY FQR
AP O °NTAIIENT OF AGENT
230 Government CLmut•r DrIV
suite 110
Wilmington, NC 28403
910 -798 -7165 Phultc
910 -798 -7053 fax
wwlv,nhctov.Coll)
Please note that for quasi - judicial proceedings, either the land owner or an attorney snust be present for
the case at the public hearing.
'1.11c undersigned owner sloes hereby appoint an :authorized the agent described herein as their cxclusivr a�,cnt
for the purpose of petitioning New I lanover 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. 'Flic A-cm is- Itcrehv
authorized to, on behalf of the property owner:
I . 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
I Act on the property owner's behalf without limitations with regard to any and all things directly or
indirectly connected with or arising out of any petition applicable to the New Hanover County Zoning
Ordinance.
Agent Information
Property (-"-caner (s)
Subject Property
Kume
Owner Name
Addrem
Steve Niemeyer _
--
Jeffrey M Stokley, Trustee Stokley Famil;
2 Silva Terra Dr.
Company
city, State, Zip - --
Owner Name 2 -
Wilmington Builders
Noelee Holdings, LLC
Kilminglon, NC 28415
Address
Addrexy
Parcel 11) -..
110 Woodland Dr.
5212 Carolina Beach Rd., #C3
City, State, Zip - -
R -7016- 002 - 001 -000
- -- -- - — - - --
Ci V. titate, zip
Leland, NC 28451
Wilmington, INC 28412
I'Itone
Phone
- - --
919 -600 -8574
.Eilwil
10 -616 -2200
steve @wilmington- builders.com
ApplicationTrach-im.i
Jeff @jeffstokley.com
Cuse Number Reference:
Date /Time received:
Received hy:
This d0ct1111CIlt was willfully executed on the 15
February day of
Owner 2 Signature
16
, 20
Board of Commissioners - June 6, 2016
ITEM: 10-11 -1 09 1-1
NEW HANOVER COUNTY
�~ PLANNING & INSPECTIONS
t _
Application for
CONDITIONAL ZONING DISTRICT
230 Government Center Di-k c Suite 110
Wilmington, NC: 28403
910 - 798-7165 plione
910- 798 -7053 fax
www.nllcgov.com
Petitioner Information
Property Owner(s)
Subject Property
If different than Petitioner
Name
Owner Name
Address
Steve Niemeyer
Jeffrey; M. Stokley, Trustee Stokley Fami
2 Silva Terra Dr.
rC'umpan }'
Owner Name 2
Parcel ID(s)
`Wilmington Builders
Noelle Holding, LLC
R- 07016- 002 - 001 -000
Address
Address
Area —
110 Woodland Dr.
5212 Carolina Beach dr., Ste 3C
1425
City, State, Zip
City, State, Zip
Existing Zoning and Use
Leland, NC 28451
Wilmington, NC 28412
R -15
Phone
Phone
Proposed Use
-919-600-8574
910-616-2200
0&1
Email
Email
Land Classification
steve@wilmington-builders.com
jeff @jeffstokley.com
0&1 SD
Application
Case Number
Dote/Time received:
Received by:
APPLICATION OVERVIEW
In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a
pre- application conference prior to application submittal. Petitioners are requested to review the sections
of the Zoning Ordinance specific to zoning amendments and conditional zoning districts prior to
submission, and advised to contact Planning Staff with any questions. The following sections of the
Zoning Ordinance pertain specifically to zoning amendments and conditional zoning districts:
• Section 55.3: Conditional Zoning Districts
• Section 110: Amending the Ordinance
• Section 111: Petitions
• Section 112: Approval Process
Applications for zoning amendments must first be considered by the New Hanover County I'lannim,
Board at a public hearing. The Planning Board will make a recommendation to the County
Commissioners which will take final action on the permit application In a quasi-judicial public hearing.
Attendance at all public hearings is required. The public hearings will allow staff, the applicant,
proponents and opponents to testify in regards to the request. Unless otherwise published or announced,
Planning Board meetings are held on the first Thursday of each month at 6:OOPM in the Commissioner's
Assembly Room at the Historic County Courthouse located at Third and Princess Streets, Wilmington.
North Carolina. All meeting dates and application deadlines are published on the New Hanover County
Planning website.
Board of'09=Ws3oners - June 6, 2016
ITEM: 10- 11 - 2 04:14
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?
>_. How would the reauested zone change b�l: consistent with the vrovertv's classification on the Lan(
Classification, Mary?
I
3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is
4. List proposed conditions and restrictions that'woul mitigate th impacts of the proposed use(s).
Initle CXiJ�7�is a �Gr,12 -7/ (90'70 '
:f 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 1 have the burden of proving why this
requested change is in the public Interest. i certify that thds application is complete and that all
information presented in this application is accurate to the best of my knowledge, information, and
belief. /
P P
of Petitioner and/or Property Owner Print Name
Pa e3of3
Board of L�ommissioners - June 6, 2016 04114
ITEM: 10- 11 - 3
APPLICATION REQUIREMENTS
In order to assist petitioners through the rezoning process, petitioners are highly encouraged to attend a
pre - application conference prior to application submittal. Applications must be reviewed by Planning
Staff for completeness prior to being officially accepted. Applications must be submitted to Planning
Staff at least twenty (20) working days before the Planning Board meeting at which the application is to
be considered. In order to allow time to process, fees and review for completeness, applications will not
be accepted after 5:00 PM on the deadline day. Once accepted, the Planning Board will consider the
application at the assigned meeting unless the applicant requests a continuance.
For all proposals, in addition to this application, the following supplemental information and materials are
required:
Required Information
Applicant
Staff
Initial
Initial
Copy of the New Hanover County Tax Map, which delineates the property
...,
requested for rezoning.
Legal description metes and bounds) of property requested for rezoning.
._
Copy of the subdivision map or recorded plat which delineates the property.
f
Site Plan (8 -2406 copies for Planning Board; $ -2406 copies for Commissioners)`
•� Tract boundaries and total area, location of adjoining parcels and roads
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)
Are ort of the Muired public information meetina outlined in Section 111 -2.1.
-
Authority for Appointment of Agent Form if applicable)
Fee - For petitions involving 5 acres or less, $600. For petitions involving greater,
than 5 acres, $700
Page 2 of 3
Board of Commissioners - June 6, 2016 04/14
ITEM: 10- 11 - 4
UZ012016
New Hanauer County
PARID., 807016- 002 -001 -000
NOELLE HOLDINGS LLC ETAL
Legal I}escHpOon
Legal Description 1 SEC 1 SILVA TERRA
Tax District FD.
Subdivision Code 010.034
Subdivislon Name
2 SILVA TERRA OR
Board of Commissioners - June 6, 2016
h uetmt. rft ga+. comiDetgeWPdnOaMetaspx ?pin=RO7016.002- 001- OOD&gsp=FilT1EN— bxy5w-- 20ISNur= NH&ownseq= 08card=l&rdl =RP &State =... 1/1
Back 5940 Paq(a 1696
13K.RB5940
PG: �8
Ot DE6 D.
2015039434
NO FEE
12.30.2015 NEW HANOVER COUNTY, NO
OF e
0331:39 PM
TANYYTHEUSCHREASLEY
NaALESTATi
BY:CAROLYN JOHNSON
RFA1aTEROFOOM
EXTX$1e100
OlPM
Prepared by and Prepared By and
Return to: i.e. Hutt, II Returned To:
265 Racine Drive, suite 104 �C Helrae II
Wilmington, NC 28403 ,
Excise Tax: S186.00 Parcel Identifier No,.- 807016 -002 -001 -000
If initialed, the property includes the primary residence of at least one of the Grantors,
otherwise note as NIA. (per NC GS f IOS- 3172)
Brief description for the index:
Lot 1 Section 1 Silva Terra
NORTH CAROLINA G'ENERAL WARRANTY DEED
made this
GRANTOR
Robert Dorosko, Unmarried
Mailing Address:
6011 Old Military Road
Wilmington, NC 28409
2U15. by and
GRANTRE
Noelle Holdings, LLC (50% Interest)
a North Carolina LLt:
Jeffrty K Stokley, as Trustee render
The Stokley Family Trust dated
December 31,1992 (50% Interest)
As Tenants in Common
Property Address: Mailing Address:
2 Silva Tara Drive 2365 Highwey 210 West
The designation Grantor and Grantee as used herein shall include said parties, their
heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or
neuter as required by contra
WITNESSETH:
NOW, TBEREFORE Grantor, for a valuable consideration:paid by the Grantee,, the
receipt ofwhich is hereby acknowledged, has and by these presents does grant) bargain, sell
and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in
New Hanover County, North Carolina and more particularly described as follows:
Board of Commissioners - June 6, 2016
ITEM: 10- 11 - 6
Book 5540 Pagp i 1695
Being all of Lot 1 of Section 1 Silva Terra Subdivision as the
same is shown'on a map of said subdivision duly recorded in
iMap Hook 10 at Page 54 of the New 11mover County Registry,
reference to which map is hereby made for P. more particular
description.
The property hereinabove described was acquired by Grantor by instrument
recorded in Book 5884, Page 880.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging to the Grantee in fee sirnple.
AND the Grantor covenants with the Grantee that Grantor is seized of the premises in
fee simple, has the right to convey the same in fee simple, that title is marketable and free and
clear of all encumbrances, and that -Grantor will'warrant and defend the title against the
lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property herelnabove described is subject to the following exceptions:
Rights of way and easements of record, if any.
Zoning and/or subdivision ordinances and regulations, if any.
Restrictive covenants of record, if any.
Ad valorem taxes for 20.15 and subsequent years.
IN WITNESS WHEREOF, the Grantor has hereunto set his band and seal, or if corporate,
has. caused this instrument to be signed lu its corporate name by its duly authorized officer by
authority of its Board of Directors, the day and year first above written.
AIJL � �ljJ�a (.7C8i�
Robert Dorosko
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
1, Michael J. Kirke, Notary Public of the County and State aforesaid, certifjr that William Glenn
Brigman and wife, Virginia Jane Brigman personally appeared before the this day and
acknowleded the due execution of the foregoing instrument.
A — np or seal, this 27 day of December, 2015
j 11Ii1CttloTAM PGBW
L.,Ng*HI13lpY�i COIJ1t'FY �pke STX, S OF t1t3t:fH �CIIRDI�tiA �'
My commission expims:10/28/2020
Board of Commissioners - June 6, 2016
ITEM: 10- 11 - 7
Book 5940 Page 1696
TAMMY THEUSCH �^�
BEASLEY ia ew Hanover aHanover �.,,ourx�'
Register of Deeds
Register of D P. ecil
216 NORTH SECOND STREET - WILMINGTON, NORTH CAROLINA 28401 , \,,
Telephone 910- 798 -4530 - Fax 910 - 798-7751
iT
"
i
r� I
I0
f�
# A## A###*#*****!*! i*# kk***! k# k#******## * *k * * * * # * # #k *kk #* * * * *k * # # # * *k #* Irk* k*#* # # ►! #kA * #i #ki ## # #AilAk # # # # * *A ##
State of North Carolina
Filed For Registration:
Book: RB 5940
3 PGS
Real Property
Excise Tax
Recorder:
Document No:
, County of NEW HANOVER
12/30/2015 03:31:36 PM
gage: 1694 -1696
$212.00
$26.00
$186.00
CAROLYN JOHNSON
2015039435
##********#*********#*### k* N* k*****!#*l ift***#*k!*}!!* kkk* * # * *i * * * # # * * # * * *# # *# ** # #kk * * # ** #iii ►k Ak #A * #R # # # #!#
DO NOT REMOVE!
This certification sheet i9 a vital part of your recorded document. Please retain with original doc=ent and submit
when re- recording.
Board of Commissioners - June 6, 2016
ITEM: 10- 11 - 8
Wilmington Builders
110 Woodland Dr., Leland, NC 28451
Telephone; (910) 202 -8042
Unlimited Licensed General Contractor License #69726
Cornmunity Meeting Notice for Conditional Rezoning
January 26, 2016
Dear Neighbor:
This is a notice for a community information meeting for an upcoming request by Wilmington Builders,
applicant, on behalf of Jeffrey M Stoklev Trustee Stoklev Family Trust , property owner, for a
Conditional Rezoning from R -15 Residential , to 0&1 SD Office & Institutional , for Office space
The subject property is approximately .45 acres and is located 2 Silva Terra Drive
Wilmington New Hanover County, NC. and is identif ed as P I D R07016 -002- 001 -000.
The purpose of the community information meeting is to explain the proposal and answer questions
from meeting attendees.
The meeting will be held at 5 Silva Terra Dr., Wilminaton NQ at 6 pm on February 8, 2016.
We will look forward to meeting you there.
Sincerely,
Steve E. Niemeyer
Wilmington Builders
Board of Commissioners - June 6, 2016
ITEM: 10- 11 - 9
N N cn = z Z z z z 7�. r c `- 2 2 Y S S 2 Gl G? fl 0 n n ft n f1 n rn A
F A x O O O O O O p � � —1 v-� � 20 Ro 20 20 R0 > > 0 Or � N
m tmn umf m rr- rr, N -rri T = 2 2 S 2 n C1 m* x w m A
D� in m m m m N 2 g Q Z t" 1 n n n .n D D �{ ._
pp 2 2 2 Z 7d 70 H Z 2 Z Z nom+ G1 G7 Z T-H D d
C x? O 0 0 0 0 0 �' W S r nc c O
D m r*► v S Z r- 0 �r7 G C Z' C C m �1 � t-oI N S -i > rams m W Z Z a r
0o y 2 D r '� D 7C ro 7C m O > -! S -[ �C to z
= 70 p 2 d 2 �" vmi m { C� C Cn C { C� D 7o C C D to cn 0 Q d D
D i 7o r VOi vi m a ?s p Z to V� m -i -i -i m G1 m m Z n -B z Z C m
z N N �' =* r- r r r- y z m Z z 0 0 0 0 o r n m C 0 r D
mGn C �w n��n^�O.imm =�nv�ic�io�nH� > W n�3 !7n-Ooi
C p D Z N� x Z Z Z Z m D m> -< �° O
o n n n n n a m y
rM rM p D n zoz
D D
X fr'1 lr� Z
S m
D z
1
z n
p
O V Fr hw+ O W W N N N 1� y O 0 N V W W 4D to W O y V V V v v V (� G N
s+ F- V V O Q1 W W W N9 0 W F-+ !-A F+ N N F+ FA H F-► N i+
LO u+ M = 00 r. to �+ �+ s- r c 0� 0 c r to w to to, to in < w w a�a+ o� A 0 0 M n
G C Q a 's 9 K y> x x a< w z w'a < D r rn D' I� X X Z a
-RZ = D D O D D -i r�rt m -1 m m m m m D —� � X�� a 7o N N
a m m rn Z O O m 7o w t m N N N %'i N -I o v O O Q O g$ m
v+ z z z 7° �+ m m p 0
o D p p p O w 02 O O c O pp 0 0 al D n -�
PO ^' m A M G °� ~' O O O x 0 0 0 O° O O m m 00 M =;
O D m m o Vs 0 0 v Q` O D D D D G �p
7Q n Z Z ZZ td n D c D A D D: D f! f`1 fS f7
M p p Q 7o m m m m m m 70 70 7a 7a CL
v m m 7° O O O ►� to to tin to to D O O O
ccccc
xm m m m m
8880000 ? A A A A
r r r r r r r r r r r = r r� r r r p r r r r n n r q rs
Z Z Z Z Z Z Z z Z z p° Z� m m m 2 z Z z z Z Z Z -p -D Z
M M M M O O M M G1 G1 i '�' C+1 G3 C C C C + G 1 n� G1 G? Gl G7 p O G1
D r= r �_ �= r -i --I O O
0 0 0 0 0 C P O 0 0 0 0 OX o o r r r r r o 0 0 0 0 0 0 o z z o c
z z 2 z 2 2 z z 2 2 Z z Z rM ;*► In m n Z Z 2 2 2 Z Z Z� z 0
z z z z z z R z z z z z r- n z z z z z z z z z z z z z z z z z z
nnnnppnppnNtpp' pp, nnnr�w ,.AA,n(pp)ppn0hnn��nppnnnnnnppnppnn () z '
A A A A A i� A A A p A A A W W W W w A A A A A A A A A A n
00 ao 00 00 00 00 00 00 0D 00 DO 00 Od 00 00 OD 00 00 00 00 00 00 N
W N N N N w lOD lOD N N N N W W W W w N N N N N N N N N H j
v
00
Board of Commissioners - June 6, 2016
ITEM: 10- 11 - 10
M G m
0
x z CD
o
G1
m �
C
M
w
S
F.
y
m
z
to
0
a
0
r
D
O V N 0000
O N 800
H 0 0 m 0
AZV o
vcaw :0
7o m m 70 0
D
r-
0
v v v
v
* * * :E
r r r r r
x z z
61 G) in 6) G)
00000
za:�zz
z z z z z
C) n n n n
N N N IV N
A A 4h co
N h+ N N O
N N N N to
Board of Commissioners - June 6, 2016
ITEM: 10-11 -11
Wilmington Builders
110 Woodland Dr., Leland, NC 28451
Telephone: (910) 202 -8042
Unlimited Licensed General Contractor License #69726
Community Meeting Notice for Conditional Rezoning
Public Meeting Report — February 8, 2016
Held at 5 Siiva Terra Dr., Wilmington, NC at 6 urn.
Notification was delivered via USPS to the attached list of neighboring
properties. No letters were returned undeliverable.
2. The meeting was held at 5 Silva Terra Dr., Wilmington, NC 28412 at 6 pm
on February 8, 2016.
3. In attendance: (Jacob) Scott Clark
Tammy Clark
Kathleen Eaylien (Just for Buyers)
Hosted by: Steve Niemeyer, Wilmington Builders
4. Mr. Niemeyer shared his plan to have the property rezoned from R -15 to O &l. All in attendance
thought the rezoning was a good idea and there were no objections.
5. There are no changes or adjustments to the petition as a result of the community meeting.
Respectfully submitted,
e yerf
Wilmington udders
Board of Commissioners - June 6, 2016
ITEM: 10- 11 - 12
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 6, 2016
REGULAR
DEPARTMENT: Planning PRESENTER(S): Ben Andrea, Current Planning & Zoning
Supervisor
CONTACT(S): Ben Andrea; Ken Vafier, Planning Manager; Chris O'Keefe, Planning /Inspections Director;
and Ernest Olds, Planning Board Representative
SUBJECT:
Public Hearing
Zoning Ordinance Amendment Request (A -423, 5/16) — Request by Design Solutions to Amend Zoning
Ordinance Article VII Section 81: Minimum Parking Requirements to Create Parking Requirements
for Multi- Family Residential Projects Based on the Number of Units and Number of Bedrooms Per
Unit
BRIEF SUMMARY:
The petitioner is requesting to amend the parking standards in the Zoning Ordinance to differentiate parking
standards for multi - family residential development uses, and base the minimum parking requirement for a
multi - family residential project on the number of bedrooms per unit.
Currently, two parking spaces are required per dwelling unit, regardless of unit type (single family, duplex,
or multifamily). The petitioner is proposing to retain the 2- per -unit requirement for single family and duplex
residential uses, but create a tiered requirement for multifamily residential that would require 1.5 spaces per
one - bedroom units, 2 spaces per two- bedroom units, and 2.5 spaces per three - bedroom units.
Staff supports how the proposed amendment differentiates parking requirements for multifamily residential
but recommends a minor change to the petitioner's proposal to keep the existing requirement of 2 spaces for
2+ bedroom multi - family residential units, as noted in the staff summary. Staff recommends approval of a
modified version of the amendment that would require 1.5 parking spaces per one - bedroom units, and 2
spaces for units with 2 or more bedrooms. At this time, staff has no information or reason to support
increasing the minimum requirement for 2+ bedroom units from 2 spaces per unit.
This application was heard at the May 5, 2016 Planning Board meeting. The five Planning Board members
present at the meeting heard staffs presentation of the petitioner's request and the staff - recommended
version. During her presentation, the petitioner indicated no objection to the staff- recommended
version. Ultimately, the Planning Board passed a motion 3 -2 to recommend approval of the staff -
recommended version of the text amendment. Of the two members who voted against the motion, one
member felt the change would be more appropriate as part of the upcoming project to evaluate and amend
the county's land use regulations, and the other member was supportive of the staff - recommended version
but preferred increasing the recommended requirement of two spaces per 2+ bedroom units to two and a half
(2.5) spaces per 2+ bedroom units. The motion to recommend approval found that the recommended version
of the amendment is:
1. Consistent with the purposes and intent of Policy 5.2 of the 2006 CAMA Land Use Plan because the
amendment provides more design criteria that results in more efficient land use and impervious surface
reduction.
2. Reasonable and in the public interest as the amendment would maintain adequate minimum parking
requirements while offering more flexible design criteria and lowering impervious surface coverage for
multi - family residential projects.
3. Is appropriate for consideration at this time, as staff believes that the requested change is dimensional
Board of Commissioners - June 6, 2016
ITEM: 11
and technical in nature as opposed to a practice or policy change in land use regulation needing further
stakeholder engagement in the UDO process. Further, the change aligns with the vision in the draft
Comprehensive Land Use Plan by attempting to maximize land use via reduction in overall impervious
parking area.
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:
Motion to approve the staff - recommended version of the amendment, as the Board of Commissioners finds
that this request for a zoning ordinance amendment as described is:
Consistent with the purposes and intent of Policy 5.2 of the 2006 CAMA Land Use Plan because
the amendment provides more design criteria that results in more efficient land use and impervious
surface reduction.
Reasonable and in the public interest as the amendment would maintain adequate minimum parking
requirements while offering more flexible design criteria and lowering impervious surface coverage
for multi - family residential projects.
ATTACHMENTS:
A -423 Script
A -423 Staff Summary
Applicant Materials Cover Page
A -423 Application
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval as presented by staff.
COMMISSIONERS' ACTIONS:
Approved as recommended by staff 5 -0.
Board of Commissioners - June 6, 2016
ITEM: 11
9M PT FOR Zoning Ordinance Text Amendment (A -423, 5/16)
Request by Design Solutions to amend Zoning Ordinance Article VII Section 81: Minimum Parking
Requirements to create parldng requirements for multi - family residential projects based on the
bedroom unit types.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any
opponentswill each be allowed 15 mirlutesfor their presentation and additional 5 minutesfor
rebuttal.
2. Conduct Hearing, asfollows
a. Staff presentation
b. Applicant' s presentation (up to 15 rrinutes)
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. Gose the Public Hearing
4. Board of Commissioners discussion
5. Vote on the text amendment request. The motion should irldude a statement saying how the
amendment 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 the staff- recommended version of the amendment, as the Board of
Corn- issionersfindsthat thisrequest for a zoning ordinance amendment as described is
1. Consistent with the purposes and intent of Fblicy 5.2 of the 2006 CAMA Land Use Ran
because the amendment provides more design criteria that results in more efficient land use
and impervioussurfaoe reduction.
9T Fbasonable and in the public interest asthe amendment would maintain adequate nirimun
parking regulrementswhile offering more flexible design criteria and lowering impervious
surface coverage for mUti- family residential projects.
Board of Commissioners - June 6, 2016
ITEM: 11-1 -1
ZONING ORDINANCEAM ENDM ENT REQUEST
CASE: A-423,05/16
PETITIONER Design S)lutions
REQUEST: Amend Zoning Ordinance fiction 81: Minimum Parking Fbquirementsto create parking
requirements for multi - family residential projects based on the bedroom unit types
PLANNING BOARD ACTION:
This application was heard at the May 5, 2016 Planning Board meeting. The five Planning Board members
present at the meeting heard staff's presentation of the petitioner's request and the staff - recommended
version. During her presentation, the petitioner indicated no objection to the staff- recommended
version. Ultimately, the Planning Board passed a motion 3 -2 to recommend approval of the staff -
recommended version of the text amendment. OF the two members who voted against the motion, one
member felt the change would be more appropriate as part of the upcoming project to evaluate and
amend the county's land use regulations, and the other member was supportive of the staff -
recommended version but preferred increasing the recommended requirement of two spaces per 2+
bedroom unitsto two and a half (2.5) spaces per 2+ bedroom units. The motion to recommend approval
found that the recommended version of the amendment is:
1. Consistent with the purposes and intent of Policy 5.2 of the 2006 LAMA Land Use Plan because
the amendment provides more design criteria that results in more efficient land use and
impervious surface reduction.
2. Faasonable and in the public interest as the amendment would maintain adequate minimum
parking requirementswhile offering more flexible design criteriaand lowering impervious surface
coverage for multi - family residential projects.
PETITIONER'S REQUEST:
The petitioner is requesting to amend the parking standards in the Zoning Ordinance to differentiate
parking standards for multi - family residential development uses, and base the minimum parking
requirement for a multi - family residential project on the types and number of bedroom units. The
petitioner is proposing to require 2.5 spaces per three- bedroom units, 2 spaces per two - bedroom units,
and 1.5 spaces per one - bedroom units.
Fed and Underline / dough — Petitioner's Proposed Additions /Deletions
1 Section 81: M inimum Parking Requirements
2 81 -1: The following off - street parking space shall be required and maintained:
3
Uses
Required Off - Street Parking
9ngle- F=amily or Duplex
Fesidential
Two (2) parking spaceson the same lot for each dwelling unit
A- 423W5/ 16)
Board of Commissioners - June 6, 2016
ITEM: 11- 2 - 1
Pall- C ORE
4
Uses
Required OFF - Street Parking
M ulti - family Fesidential
One and one -half (1.5) spaces per 1 bedroom unit
Two (2.0) spaces per 2 bedroom unit
Two and one -half (2.5) spaces per 3 bedroom unit
STAFF P0911 ON:
Currently, the Zoning Ordinance requires a minimum of 2 parking spaces to be provided on the same lot
for each dwelling unit, regardless of whether the residential use is single- family, duplex, or multi - family
residential. Staff is supportive of the petitioner's proposal to differentiate parking requirements based
on the residential use type and reduce the requirement for one - bedroom multi - family units, but is
reluctant to recommend increasing the minimum requirement for three - bedroom units (or larger) to 2.5
spaces per unit at thistime.
The proposed change aligns the county's regulation more with the City of Wilmington's residential parking
standards shown in the following table:
USES
f;L-sidential
us II
�I
Residential
Maximum
1 0 -1 bedroom 1.5; 2 bedrooms 2; 3 bedrooms or more 2.25. If the city
2.5 per determines t hat the parking requirements of the anticipated resident
unit population requires additional parking, the ON may require up to 2.5 spaces
per unit. Bderly housing may be reduced up to 1 space per 2 units.
Minimum
Elaff also researched what other jurisdictions across the state are requiring for minimum parking
requirements for multifamily residential uses, as shown in the table on the following page that also
oomparesthe exiting county requirements, the petitioner's proposal, and the staff recommended version.
A- 423W5/ 16)
Board of Commissioners - June 6, 2016
ITEM: 11- 2 - 2
Pall- C ORE
The discussed parking requirements are minimum requirements, and at this time the county's Zoning
Ordinance does not have parking maximums or any type of additional requirements for parking that
exceeds the minimum or any other threshold. For example, some zoning ordinances require that any
parking that is provided beyond 150 %of the minimum be constructed of pervious material. As such, a
project may provide additional parking beyond the minimum requirement at their discretion and without
consequence.
Staff recommends a minor change to the petitioner's proposal to keep the existing requirement of 2
spaces for 2+ bedroom multi - family residential units, as noted below. At this time, staff has no
information or reason to support increasing the minimum requirement for 2+ bedroom units from 2
spaces per unit.
STAFF REODM M Bu DA-n ON:
Fed and Underline/Strikethrough — Petitioner's Proposed Additions /Deletions
Blue and Underline/ gFikethFeugh— Elaff's Proposed Additions /Deletions
5 Section 81: M inimum Parking Requirements
6 81 -1: The following off - street parking space shall be required and maintained:
7
A- 423W5/ 16)
Uses Required Off - Street Parking
Board of Commissioners - June 6, 2016
ITEM: 11- 2 - 3
Pall- E ORE
Bedroom Unit Type
1 bedroom
2 bedroom
3+ bedroom
NHCExisting
2
2
2
Petitioner's Proposal
1.5
2
2.5
NHCElaff
Fbcommendation
1.5
2
2
Wilmington
1.5
2
2.25
Bizabeth City
1.5
1.75
2
M ebane
1.5
1.75
2 plus 0.5 per bedroom over 3 bedrooms
Garner
1.5*
2*
2.5*
* R us 1 space for every 4 units in complex
Johnston Co
1.5
1.5
2
On slow Co
1.5
2
2.5
Harnett Co
1.5 per bedroom + 1 per bedroom over 2
Currituck Co
1.8
1.8
1.8
Wake Co
1.5
1.5
1.5
Durham Co
2
2
2
CharM eck
1.5
1.5
1.5
The discussed parking requirements are minimum requirements, and at this time the county's Zoning
Ordinance does not have parking maximums or any type of additional requirements for parking that
exceeds the minimum or any other threshold. For example, some zoning ordinances require that any
parking that is provided beyond 150 %of the minimum be constructed of pervious material. As such, a
project may provide additional parking beyond the minimum requirement at their discretion and without
consequence.
Staff recommends a minor change to the petitioner's proposal to keep the existing requirement of 2
spaces for 2+ bedroom multi - family residential units, as noted below. At this time, staff has no
information or reason to support increasing the minimum requirement for 2+ bedroom units from 2
spaces per unit.
STAFF REODM M Bu DA-n ON:
Fed and Underline/Strikethrough — Petitioner's Proposed Additions /Deletions
Blue and Underline/ gFikethFeugh— Elaff's Proposed Additions /Deletions
5 Section 81: M inimum Parking Requirements
6 81 -1: The following off - street parking space shall be required and maintained:
7
A- 423W5/ 16)
Uses Required Off - Street Parking
Board of Commissioners - June 6, 2016
ITEM: 11- 2 - 3
Pall- E ORE
Uses
Required OFF - Street Parking
5ngle- Family or Duplex
Fbsidential
Two (2) parking spaceson the same lot for each dwelling unit
M ulti - family Fesidential
One and one -half (1.5) spaces per 1 bedroom unit
Two (2.0) spaces per 2+ bedroom units
REVI B/V AND AGnON:
This request has been processed and reviewed per Sbdion 110 — Amending the Ordinance. Noticesof the
petition request have been disseminated per the requirements of the Zoning Ordinance.
Staff recommends approval of the minor changes to the petitioner's proposed amendment under the
Elaff Racommendat ion above. The amendment supports Policy 5.2 of the 2006 Wilmington -New Hanover
County LAMA Land Use Plan, which states.
Encourage innovative development strategies while providing flexible design guidelines that
enhance the aesthetics and minimize adverse environmental impacts of the built environment.
Lowering the parking requirement for one - bedroom multi - family residential units to 1 parking space per
one - bedroom unit is logical as the parking demand realized from these types of units is minimal. The
amendment also indirectly reduces environmental impacts realized from stormwater runoff, and also
increases site design flexibility by reducing the area of a site that must be dedicated to parking.
Action Needed
• Motion to approve the either the petitioner's proposal, staff s recommendation, or another
version of the amendment
• Motion to "table" the item in order to receive more information
• Motion to deny of the petitioner's request based on specific reasons
Example Motion for Approval:
Motion for approval, as the Board of Commissioners finds that this request for a zoning ordinance
amendment is:
1. Consistent with the purposes and intent of the 2006 LAMA Land Use Ran because Describe
elements of controlling land use plans and how the amendment is consistent).
2. R-,asonable and in the public interest because (Briefly explain why. Factors may include public
health and safety, applicable plans, or balancing benefits and detriments 1.
Example Motion for Denial:
Motion for denial, as the Board of Commissioners finds that this request for a zoning ordinance
amendment is:
1. Not Consistent with the purposes and intent of the 2006 LAMA Land Use Ran because Describe
elements of controlling land use plans and how the amendment is not consistent l.
2. Not reasonable or in the public interest because /Briefly explain why not. Factors may include
public health and safety, applicable plans or balancing benefits and detriments 1.
A- 423W5/ 16)
Board of Commissioners - June 6, 2016
ITEM: 11- 2 - 4
Pall- E ORE
Staff Suggested Motion:
Motion to approve the staff- recommended version of the amendment, as the Board of Commissioners
finds that this request for azoning ordinance amendment as described is:
1. Consistent with the purposes and intent of Fblicy 5.2 of the 2006 LAMA Land Use Ran because
the amendment provides more design criteria that results in more efficient land use and
impervious surface reduction.
2. Reasonable and in the public interest as the amendment would maintain adequate minimum
parking requirementswhile offering more flexible design criteria and lowering impervious surface
coverage for multi - family residential projects.
A- 423W5/ 16)
Board of Commissioners - June 6, 2016
ITEM: 11- 2 - 5
Pall- C ORE
APPLICANT
MATERIALS
Board of Commissioners - June 6, 2016
ITEM: 11- 3 - 1
NEW HANOVER COUNTY
PLANNING & INSPECTIONS
4 DEPARTMENT
TEXT AMENDMENT
230 Government Center Drive
Suite 110
Wilmington, NC 28403
910 - 798 -7165 phone
910 -798 -7053 fax
www.nhcgov.com
Name of Petitioner Date
Application Number (Staff Use Only):
Cindee wolf / design Solutions Nov 22, 2013
Address
Email Address
P.O. Box 7221
cwolf @lobodemar.biz
City, State, Zip
Name of Text to be changed
Wilmington, NC 28406
Article VII: Section 81
f Telephone Number
Section of Text to be changed
910 -620- 2374��
Minimum Parking Standards
SUBMISSION REQUIREMENTS
0 Petition must be reviewed by Planning & Zoning for completeness prior to acceptance. A 5400.00 fee
payable to New Hanover County MUST accompany the petition. No supplemental information is
required as part of the application. However, Planning & Zoning, Planning Board, and Board of County
Commissioners reserve the right to require additional information, if needed, to assure that the proposed
text amendment is in accordance with all County plans and policies.
REVIEW PROCEDURES
• Petitions for a text amendment are first referred to the New Hanover County Planning Board and then
acted upon by the New Hanover County Board of Commissioners. The owner /applicant and or authorized
agent should plan to attend all meetings at which this request will be heard.
• Complete petitions and supplementary information must be accepted by Planning & Zoning twenty
(20) working days before the Planning Board meeting to allow adequate time for processing and
advertisement as required by the North Carolina General Statutes. All amendments must be consistent
with the comprehensive plan, reasonable and in the pubic interest. Please explain how the proposal
meets those requirements. (Add pages as needed).
Planning Board meetings are held at 5:30PM in the Commissioner's Assembly Room in the Old County
Courthouse, at Third and Princess Streets, Wilmington, North Carolina, on the first Thursday of each
month. If the Planning Board approves your petition, the request will automatically be referred to the
Board of County Commissioners.
• If your petition is denied, you may appeal to the Board of Commissioners. Planning & Zoning can
advise you regarding appeal procedures.
PROPOSED TEXT CHANGE attach additional vaizes as needed
Reference attached Action Requested, Justification & Impacts statements.
Signature (Print and Sign)
�n
Board of Commissioners - June 6, 2016
ITEM: 11- 4 - 1
4341t?/16
TA (5110)
Action Requested
Article and Section of the Land Development Code to be amended:
Article VII: Off - Street Parking and Loading 1 Section 81: Minimum Parking Requirements
Revise the 81 -1 chart to replace " "Two
Henn nn the same lot fnr each dwelling unit."
With:
Use Required Off - Street Parking
Single- family or Duplex Two (2) parking spaces on the same lot for each dwelling unit
Residential
Multi- family Residential One and one -half (1.5) spaces per 1 bedroom unit
Two (2.0) spaces per 2 bedroom unit
Two and one -half (2.5) spaces per 3 bedroom unit
Justification
New Hanover County has become a much more suburban area, and more multi- family housing is being
proposed in both the performance residential and high - density residential development scenarios. Since the
County does not have a provision for any maximum of spaces, a sensible developer generally will provide the
number of spaces that they believe will best service their project, often at least one (1) space per bedroom.
However, adherence to only the current minimum requirement could allow a project to be severely under -
parked. This can lead to public safety concerns and aesthetics issues with residents parking in street rights -of-
way, impeding emergency services or within required buffers or planting areas if a marked space is not
available.
On the flip -side, there is also an environmental consideration toward impervious surfaces, especially parking
lots, which can add to the amount and velocity of precipitation runoff and pollution. Having a requirement to
provide more parking than is practically needed is counter- productive to good stewardship & conservation of
the County's sensitive natural assets.
The American Planning Association's publication "Parking Standards," suggests that the most popular method
for determining off - street parking requirements may be to borrow from the ordinances of other communities.
New Hanover County has a very compact area, and the City of Wilmington municipal limits are a large portion
of it. The proposed changes mimic their standards and will make application of the requirements more
consistent throughout the County.
Board of Commissioners - June 6, 2016
ITEM: 11- 4 - 2
Impacts
There will be no change to the requirement for basic single -lot residential uses, and multi - family uses will still
have the ability to dictate their own needs to assure there is no shortage of parking available for the project
residents. However, a project with one (1) bedroom units, or a mixture of unit sizes can pro -rate the
requirement and not have to provide more parking than is practical and necessary.
These standards will generally contribute to the public health, safety and general welfare of the community and
will create a more aesthetically pleasing living environment in New Hanover County.
Board of Commissioners - June 6, 2016
ITEM: 11- 4 - 3