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2018-10-25 Special Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 SPECIAL MEETING, OCTOBER 25, 2018 PAGE 221 ASSEMBLY The New Hanover County Board of Commissioners met for a Special Meeting on Thursday, October 25, 2018, at 4:00 p.m. in the Andre’ Mallette Training Rooms at the New Hanover County Government Center, 230 Government Center Drive, Wilmington, North Carolina. The purpose of the meeting was to hold a public hearing on the Text Amendment Request (TA18-04) by New Hanover County to amend the Zoning Ordinance to allow for temporary relocation housing for displaced persons as a result of natural disasters. Members present: Chairman Woody White; Vice-Chairman Skip Watkins; Commissioner Jonathan Barfield, Jr.; Commissioner Patricia Kusek; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. REGULAR ITEMS OF BUSINESS PUBLIC HEARING AND APPROVAL OF THE TEXT AMENDMENT REQUEST BY NEW HANOVER COUNTY TO AMEND THE ZONING ORDINANCE TO ALLOW FOR TEMPORARY RELOCATION HOUSING FOR DISPLACED PERSONS AS A RESULT OF NATURAL OR OTHER DISASTERS (TA18-04) Chairman White opened the public hearing and requested staff to make the presentation. Planning Manager Ken Vafier presented the request by staff to amend the zoning ordinance to permit temporary relocation housing for persons displaced as a result of a natural or other disaster during an event’s recovery period. As a result of Hurricane Florence and its effects of our community, the immediate need for this amendment has come forth but has been structured in a manner where it may apply to future events both larger and smaller scale when enabled. In the recovery specific to Hurricane Florence, New Hanover County has been approved for the Federal Emergency Management Administration (FEMA) Direct Temporary Housing Assistance program to address the need for temporary housing in the community. Early in the event and as the recovery process began, staff here and in other affected communities started to prepare for this potential need and research how to ensure compliance with applicable zoning regulations. While the County’s current Zoning Ordinance does contain some provisions for certain types of temporary buildings and uses, it does not have a provision to specifically address temporary relocation housing associated with a disaster. The proposed text will provide clarity on the permitted housing options and their accompanying requirements when a disaster occurs. This will also provide an efficient and timely method to address a critical need when enabled. Temporary relocation housing options will be enabled when there is a federal Disaster Declaration that makes public assistance and individual assistance available, or as determined by the County Manager. With this event, both public assistance and individual assistance have been made available, but there are other instances where this might not occur and the need for temporary relocation housing is still present. Thus, language has been included that delegates our local authority to enable this provision should the need be present. The units are proposed to be permitted by-right in all zoning districts so there are limited impediments to site selection. Staff knows that there are likely legal non-conforming residences in non-residential districts that may be affected and have a need for temporary housing. In addition, there is the potential that a site has been affected to a point where relocation off the principal site may be necessary. The units are proposed to be permitted for a period of 12 months from the date of disaster declaration, and an extension of this period can be authorized by the Board of Commissioners. Units will be required to be removed within 30 days of the completion of the rehabilitation work which may be indicated by a certificate of completion, a certificate of occupancy, or a final inspection. This removal requirement applies even if the rehabilitation work is completed prior to the end of the 12-month term, or the term of the extension provided by the Board of Commissioners. Applicants will be required to register with the Planning and Land Use Department for administrative tracking. A registration form and placard have been created that can be given to the applicant. This is a simple process providing the location, type of unit, number of tenants, etc. for administrative tracking of the units. There is also a provision that addresses the need to comply with additional code requirements. This would include, but may not be limited to, wastewater disposal, power or other utilities, water supply, solid waste management and disposal, building permits or stormwater permits, and floodplain management provisions. One of the goals with this amendment is to allow these units to be located in compliance with the Zoning Ordinance. It is recognized that the applicant may be subject to satisfying these other requirements either during or after the local planning registration process, but there is a desire to expedite this to allow for critical and timely placement of units. If through the registration process applicants will need assistance with where to go to comply with these additional requirements, staff will assist them. For the units that are going to be provided directly from FEMA through the Direct Temporary Housing Assistance program, the installation process will include a site selection, inspection, obtaining utility approvals, and the satisfaction of other local permitting requirements. Staff has been coordinating with FEMA and other agencies such as the Cape Fear Public Utility Authority (CFPUA) and New Hanover County Building Safety on the procedures. Finally, there are some minimum setback requirements and these generally mirror the current accessory use and performance residential setback standards. For the individual units on an individual lot, the minimum setback is five feet for any street rightofway or property line or individual units, and when the units are in a group ‑‑ NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 SPECIAL MEETING, OCTOBER 25, 2018 PAGE 222 or community setting on one larger site, a 20foot perimeter setback will apply. Also in the case of the community ‑ setting, a sketch plan showing the estimated number of units, the parking and access points, traffic circulation, and provision of utilities and services will be required to be submitted to the Planning and Land Use Department for the request. The Planning Board considered this request at their October 17, 2018 meeting. At the meeting, no one from the public spoke in support or in opposition to the request. The Board recommended approval of the request (5-0), concluding that it is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it allows for a range of short-term housing types to be available to displaced persons affected by a disaster during the recovery period. 2. Reasonable and in the public interest because temporary housing is necessary for residents to return to the community, repair their properties, and resume their lives; and a short-term allowance of safe and temporary housing options is critically needed. Mr. Vafier concluded his presentation stating that staff supports the Planning Board’s findings and recommends approval of the request. Chairman White thanked Mr. Vafier for his presentation and announced that one person had signed up to speak in favor and no one signed up in opposition. He invited Cameron Moore to speak on this matter. Cameron Moore, Executive Director of the Wilmington-Cape Fear Home Builders Association, spoke in support of the request stating that the Wilmington-Cape Fear Home Builders Association (WCFHBA) worked with staff for about a week and half after the storm on this request. It was indicated to WCFHBA through conversations with FEMA and different representatives, that the tool was not in place essentially to put this type of housing on the ground with New Hanover County. The City of Wilmington, Brunswick County, and Pender County have tools available within their respective ordinances to address this type of housing and will be utilized in some type of capacity. WCFHBA worked quickly with staff, who was already ahead on this and had reached out to WCFHBA. Mr. Moore stated that what is being presented to the Board is a very flexible amendment to the ordinance that allows FEMA to come in. FEMA is not going to essentially be the sole operator and savior, so to speak. FEMA has indicated they are going to come in and provide support and this is a tool that helps to utilize that support. On behalf of the WCFHBA, Mr. Moore personally thanked the County Commissioners and staff for doing a fantastic job of showing leadership through this storm and for the information provided so people knew what was going on. The WCFHBA is supportive of the text amendment and it will give the County the tools to move forward. Chairman White thanked Mr. Moore for his comments, closed the public hearing and opened the floor for Board discussion. Motion: Vice-Chairman Watkins MOVED, SECONDED by Commissioner Kusek, to approve the amendment, as the Board finds that this request as described is: 1) Consistent with the purposes and intent of the 2016 Comprehensive Plan because it allows for a range of short-term housing types to be available to displaced persons affected by a disaster during the recovery period; and 2) reasonable and in the public interest because temporary housing is necessary for residents to return to the community, repair their properties, and resume their lives; and a short-term allowance of safe and temporary housing options is critically needed. In response to Board questions, Mr. Vafier stated that staff used the City of Wilmington’s ordinance as a template. It is generally consistent with the City’s ordinance. Some language was amended to make some clarifications and remove some provisions to allow more flexibility. Commissioner Barfield stated hopefully it can be communicated with CFPUA the need to streamline their process and not make it too cumbersome. That way it will not create more bureaucracy in the process of trying to get people in homes. If the Board and staff could communicate that message, he feels it will go a long way. Vice-Chairman Watkins stated that he completely agrees with Commissioner Barfield and the CFPUA Board has approved the waiver of all fees before, during and after. He is sure CFPUA staff will expedite the process. Hearing no further discussion, Chairman White called for a vote on the motion on the floor. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the text amendment amending the Zoning Ordinance is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 17.1. PUBLIC COMMENT ON NON-AGENDA ITEMS Chairman White announced that no one signed up to speak under public comment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 SPECIAL MEETING, OCTOBER 25, 2018 PAGE 223 ADDITIONAL AGENDA ITEMS OF BUSINESS Vice-Chairman Watkins stated that he spoke with Environmental Management Director Joe Suleyman on thth October 24. As of October 24, 600,000 cubic yards of vegetative debris has been removed and collection is still in process. ADJOURNMENT There being no further business, Chairman White adjourned the meeting at 4:12 p.m. Respectfully submitted, Kymberleigh G. Crowell Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and checkout at all New Hanover County Libraries and online at www.nhcgov.com.