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Agenda 2009 06-01AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS - Assembly Room, New Hanover County Historic Courthouse v 24 North Third Street, Room 301 g Wilmin ton, NC r TED DAVIS, JR., CHAIRMAN • JASON R. THOMPSON, VICE-CHAIRMAN ~ ~ ~~'a ROBERT G. GREER, COMMISSIONER • WILLIAM A. CASTER, COMMISSIONER • JONATHAN BARFIELD, JR., COMMISSIONER r ~ BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD ~ f ~a# i ~l r e JUNE 1, 2009 6:00 P.M. MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) INVOCATION (Bill Braswell, Pastor, Pine Valley United Methodist Church) PLEDGE OF ALLEGIANCE (Commissioner Robert G. Greer) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of Board of Education Budget Amendment (Transfer #8) 3. Adoption of Ordinances for Budget Amendments ESTIMATED TIMES REGULAR AGENDA ITEMS OF BUSINESS 6:05 p.m. 4. Consideration of a Resolution Requesting that the Hazard Mitigation Plan for the Town of Carolina Beach be Merged into the New Hanover County Multi- Jurisdictional Hazard Mitigation Plan 6:10 p.m. 5. Consideration of Firefighter Appreciation Month Proclamation 6:15 p.m. 6. Consideration of Elder Abuse Awareness Month Proclamation 6:20 p.m. 7. Consideration of a Resolution Calling for an Advisory Referendum Concerning the Levy of a One-Quarter (1/4¢) County Sales and Use Tax 6:35 p.m. 8. NOTE: THIS ITEM HAS BEEN WITHDRAWN Consideration of Request for Renewal of Mason Inlet Waterbird Habitat Management Plan for 2009 (Year 7) with Audubon North Carolina to Meet Permit Requirements of the Mason Inlet Relocation Project 6:40 p.m. 9. Public Hearing on the FY2009-2010 Recommended Budget 7:40 p.m. 10. Public Hearing Special Use Permit (5-590-5/09) - Request by Janie Walker for In-Home Child Daycare for Eight Children at 4432 Jason Court in the Churchill Estates Subdivision 8:00 p.m. 11. Public Hearing Special Use Permit (5-591-5/09) - Request by Gertrude Martins for In-Home Child Daycare for Eight Children at 523 Upland Drive in Bayshore Estates Subdivision 8:20 p.m. 12. Public Hearing Conditional Rezoning (Z-894-5-09) - Request by Royal Palms MHP, LLC to Conditionally Rezone 27.6 Acres at 5140 Carolina Beach Road from R-15 and R-10 to CD(R-10) for Use as a High Density Residential Project of 288 Units 8:50 p.m. 13. NOTE: ITEM WITHDRAWN BY THE PETITIONER Public Hearing Board of Commissioners Meeting ntiml ~~nna w/ v I , 14.vv-If Special Use Permit (5-589-4/09) - Request by Jerry R. Robbins for a Special Use Permit to Allow a 288-Unit High Density Residential Development on 45.5 Acres at 1300 N. Kerr Avenue 9:20 p.m. 14. Consideration of Elimination of Local Fee for Temporary Food Establishment Permits NON-AGENDA ITEMS (limit three minutes ADDITIONAL AGENDA ITEMS OF BUSINESS 9:35 p.m. 15. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 9:45 p.m. 16. ADJOURN Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners Meeting ntim~ ~~nna w/ v I , 14.vv-If NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 1, 2009 CONSENT ITEM: 1 DEPARTMENT: Governing Body PRESENTER(S): Chairman Davis CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meetings: Agenda Review Meeting held on May 14, 2009 Joint Meeting with the Airport Authority held on May 15, 2009 Regular Session Meeting held on May 18, 2009 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners Meeting ntim~ ~~nna 1-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 1, 2009 CONSENT ITEM: 2 DEPARTMENT: Budget PRESENTER(S): Cam Griffin CONTACT(S): Cam Griffin SUBJECT: Approval of Board of Education Budget Amendment (Transfer #8) BRIEF SUMMARY: The attached Board of Education Capital Outlay Fund Transfer # 8 adjusts funding within the capital outlay fund to budget funds from contingency for E-mail system servers and Hoggard Lighting replacement. Projects were anticipated to be funded from State funds which have been frozen. Funds previously budgeted for NobleBlair Traffic Improvement will be budgeted for Alderman Parking Lot. Transfer of funds will replace frozen lottery funds. There is no net change in the capital outlay fund. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Board of Education Budget Amendment. ATTACHMENTS: Board of Education Budget Amendment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners Meeting ntim~ ~~nna 2-0 APPENDIX E ~~vrs~D~ NEVU HANQVER DOUNTY BOARD QF EDUDATION Finance . May 5, 2009 Subject: 200812009 Budget Amendments Staff Member~sy Present; Chief Financial Officer Fiscal Implications: $ 10,581.00 Sta#e Budget Amendment # 7 $ 492,429.23 Qeneral Fund Amendment # 10 $ - Capital Outlay Amendments # 8 $ 500,000.00 Enterprise Fund # 2 Recommendation: Approval -May, 5, 2009 Board of Commissioners Meeting ntim~ ~~nna w~ v i~ ~.vv~ 2 - 1 - 1 Budget Amendment #8 New Hanover County Administrative Unit Capital Outlay Fund The New Hanover County Board of Education at a meeting on the bth day of May 2009, passed the following resolution. Be it resolved that the following amendments be made to tfie Budget Resolution for the fiscal year ending June 30; 2009, Code Number Description of Code Increase ~ (Decrease} Various See Attached Revenue. Various See Attached Explanation: See attached Total A propriation in Current Budget ~ 85,142,653.49 p Amount of IncreaselDecrease of above Amendment - - Total A ro riation in Current Amended Budget ~ 85,142,653.49 pp p ' ' e Board of Education of New Hanover Count on the day of Passed by ma~or~ty vote of Ih Y c~ 20~, f Chairman, B and of Educati Secr ary, Board of Education ~ Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 2-1-2 Capital Ou#lay Fund .Transfer #8 Transfer from Capital.0utlay .Contingency (current year project savings) to fun,d:e.quipme~t purchase for the email system conversion and Hoggard Light Replacement. Bo#h were funded from State Capita! Funds fhat have been recently frozen. 4.8500,801.393.D00.000.00 Capital Outlay Contingency {37,500.00} 4.6401.809.542.000,911.18 Capital Equipment {Email System Servers} 5,500,00 4.9070,808.524,342.942:00 Haggard ~Ligh#ing .Replacement. 32,000.00 The Noble/Blair Traffic Improvement are being implemented !n phases. The bid for. the first phase is complete, and funds are available to design but not complete Phase 11. The,4derman Parking Project was budgeted in 05-06 from Loca! and Lottery funds, and.is scheduled for Summer 2009. Since the Lottery funds are frozen, a transfer is requested .from NoblelBlair Project to complete the Alderman Project. 4.9058.806.529.350.945,00 NoblelBlair Traffic Improvements {80,375.00} 4.9058.806,529.324.945.00 Alderman Parking Lot 80,375..00 Net Change in Capital Outlay Fund _ Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 2-1-3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 1, 2009 CONSENT ITEM: 3 DEPARTMENT: Budget PRESENTER(S): Cam Griffin CONTACT(S): Cam Griffin SUBJECT: Adoption of Ordinances for Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2009. 09-189 -Social Services 09-238 -Finance 2009-68 -Finance 09-245 -Library 2009-71-Parks RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinances for the budget amendments listed in the summary above. ATTACHMENTS: B/A 09-189 B/A 09-238 B/A 2009-68 B/A 09-245 BA 2009-71 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners Meeting ntim~ ~~nna 3-0 AGENDA: June 1, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-189 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-189 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: DSS/NC Natural Gas Share The Warmth Ex enditure: Decrease Increase Ener Nei hbor (Pro ess Ener Assistance Pa menu $4,240 Total $4,240 Revenue: Decrease Increase Administration: DSS Admin 1571 Funds -Federal/State $4,240 Total $4,240 Section 2: Explanation To budget an increase in State allocation received for the Energy Neighbor program. No matching County funds are required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-189, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 3-1-1 AGENDA: June 1, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-238 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-238 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Finance Revenue: Decrease Increase Tro ical Storm Hanna -Federal Grant $174,397 Total $174,397 Revenue: Decrease Increase A ro riated Fund Balance $174,397 Total $174,397 Section 2: Explanation This budget amendment is to budget FEMA reimbursement in connection with Tropical Storm Hanna. In September 2008, the County activated the EOC and opened shelters in response to the storm. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-23 8, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 3-2-1 AGENDA: June 1, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-68 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2009-68 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Burn Pit Department: Finance Ex enditure: Decrease Increase Contracted Services -Professional $63,971 Contracted Services - RIFS $99,031 Utilities $50,000 Transfer to General Fund $130,000 Total $343,002 Revenue: Decrease Increase Contribution - Co of En ineers $10,993 Contribution - CFCC $14,903 Contribution - Cit of Wilmin ton $18,156 Interest on Investments $169,800 Transfers in General Fund $129,150 Total $343,002 Section 2: Explanation Fund 335, Burn Pit, has received contributions from the Corp of Engineers, Cape Fear Community College, City of Wilmington, and New Hanover County, as well as interest on investments that needs to be appropriated. The revenue is being budgeted in order to pay utilities and upcoming invoices. Also included in the budget amendment is $130,000 of excess interest earnings to be transferred to the General Fund. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2009-68, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 3-3-1 AGENDA: June 1, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-245 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-245 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Library Ex enditure: Decrease Increase Libra Su lies $6,582 Total $6,582 Revenue: Decrease Increase Libra Grant -State $6, 5 82 Total $6,582 Section 2: Explanation To budget 10% reduction in state allocation for FY08-09. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-245, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 3-4-1 AGENDA: June 1, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-71 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2009-71 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Smith Creek Park Department: Parks Ex enditure: Decrease Increase Ca ital0utla Ca ital Pro'ect Ex ense Desi n of Smith Creek Park $8,210 Ca ital Pro'ect Ex ense Smith Creek Park Construction $20,896 Total $29,106 Revenue: Decrease Increase Miscellaneous Revenue: Sale of Sand $29,106 Total $29,106 Section 2: Explanation To budget monies received from the sale of sand to complete design work for Smith Creek Park and to begin preliminary construction work including lime treatment of the lake. The lime treatment of the lake is necessary for preparation for a Parks and Recreation Trust Foundation (PARTF) grant project, should the grant be awarded. The application for the $500,000 grant was approved at the December 15, 2008 Board of Commissioners meeting. These funds would meet matching requirements that are part of the grant (50%/50% split). Notification of grant receipt, if awarded, would be expected in summer 2009. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 2009-71, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 3-5-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 1, 2009 REGULAR ITEM: 4 DEPARTMENT: Planning PRESENTER(S): Warren Lee CONTACT(S): Warren Lee, Shawn Ralston SUBJECT: Consideration of a Resolution Requesting that the Hazard Mitigation Plan for the Town of Carolina Beach be Merged into the New Hanover County Multi-Jurisdictional Hazard Mitigation Plan BRIEF SUMMARY: As required by the Disaster Mitigation Act of 2000 and North Carolina Senate Bill 300, all local governments in North Carolina must have an approved Hazard Mitigation Plan in order to receive assistance funds after a disaster. New Hanover County has an approved Multi-Jurisdictional Hazard Mitigation Plan that includes the unincorporated areas of New Hanover County, the City of Wilmington and the Town of Kure Beach. Until now, the Town of Carolina Beach has operated under their own approved Hazard Mitigation Plan, however the Town is now requesting that their Plan be merged with the New Hanover County Multi-Jurisdictional Hazard Mitigation Plan. There is no cost to the County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the resolution allowing that the Town of Carolina Beach's Hazard Mitigation Plan be merged with the New Hanover County Multi-Jurisdictional Hazard Mitigation Plan. ATTACHMENTS: Carolina Beach Hazard Mitigation Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners Meeting ntim~ ~~nna 4-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION REQUESTING THAT THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS ADD THE TOWN OF CAROLINA BEACH TO THE NEW HANOVER COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN WHEREAS, on October 30, 2000, the President of the United States signed into law the Disaster Mitigation Act of 2000 to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 to reinforce the importance of pre-disaster mitigation planning to help reduce disaster losses; and WHEREAS, North Carolina Senate Bill 300 requires all local governments to have an approved Hazard Mitigation Plan in order to receive state public assistance funds; and WHEREAS, the New Hanover County Multi-Jurisdictional Hazard Mitigation Plan (Plan) was approved in 2005 by the Federal Emergency Management Agency (FEMA) and the North Carolina Division of Emergency Management (NCEM) and includes the unincorporated areas of New Hanover County, the City of Wilmington and the Town of Kure Beach; and WHEREAS, the Town of Carolina Beach has requested to merge their Hazard Mitigation Plan with the New Hanover County Multi-Jurisdictional Plan in accordance with guidance provided by FEMA and NCEM. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners hereby allows the Town of Carolina Beach to merge their Hazard Mitigation Plan with the New Hanover County Multi-Jurisdictional Hazard Mitigation Plan. ADOPTED this the 1St day of June, 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting ntim~ ~~nna w~ v i~ ~.vv~ 4-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 1, 2009 REGULAR ITEM: 5 DEPARTMENT: County Manager PRESENTER(S): Bruce T. Shell CONTACT(S): Bruce T. Shell, Donnie Hall SUBJECT: Consideration of Firefighter Appreciation Month Proclamation BRIEF SUMMARY: The Muscular Dystrophy Association (MDA) would like to sponsor Firefighter Appreciation Month in New Hanover County in appreciation for the three departments that participatated in the MDA Fill the Boot fundraising effort in 2008: Castle Hayne, VVrightsboro, and Myrtle Grove Fire Departments. They have submitted a proclamation to be read publicly and considered, recognizing all three departments; as well as individual proclamtions for each of the three departments. The MDA appreciates this opportunity to recognize MDA's Heroes of Hope. Meghan Hart, Program Coordinator, and Amy Pollock, Health Care Services Coordinator, will be present to represent MDA. They will also bring Charlie Lipari to say a few words on behalf of all the families served by MDA in New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Proclamation to be Read Publicly Castle Hayne Proclamation VVrightsboro Proclamation Myrtle Grove Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners Meeting ntim~ ~~nna 5-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS FIREFIGHTER APPRECIATION MONTH PROCLAMATION WHEREAS, for 2009, firefighters in New Hanover County and throughout the Nation have joined the Muscular Dystrophy Association (MDA) in the fight against neuromuscular diseases; and WHEREAS, firefighters raised more than $26 million nationwide for MDA in support of its many causes; and WHEREAS, through their daily service to communities and their dedication to the Muscular Dystrophy Association, the New Hanover County firefighters contribute greatly to the well being of all citizens; and WHEREAS, in honor of the efforts of the New Hanover County firefighters, the Muscular Dystrophy Association is sponsoring Firefighter Appreciation Month during the month of June 2009 with special recognition to these departments for their participation in the 1~IDA Fill the Boot fundraising event during 2008: Castle Hayne, Wrightsboro, and Myrtle Grove; and WHEREAS, it is appropriate for all New Hanover County citizens to join the Muscular Dystrophy Association in this tribute to our firefighters. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 2009 be recognized as "Firefighter Appreciation Month" in New Hanover County. ADOPTED this the 1St day of June, 2009. NE~U HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 5-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS CASTLE HAYNE FIRE DEPARTMENT FIREFIGHTER APPRECIATION MONTH PROCLAMATION WHEREAS, for 2009, firefighters in New Hanover County and throughout the Nation have joined the Muscular Dystrophy Association (MDA) in the fight against neuromuscular diseases; and WHEREAS, firefighters raised more than $26 million nationwide for MDA in support of its many causes; and WHEREAS, through their daily service to communities and their dedication to the Muscular Dystrophy Association, the Castle Hayne firefighters contribute greatly to the well being of all citizens; and WHEREAS, in honor of the efforts of the Castle Hayne firefighters, the Muscular Dystrophy Association is sponsoring Firefighter Appreciation Month during the month of June 2009 with special recognition to this department for their participation in the 1~IDA Fill the Boot fundraising event during 2008; and WHEREAS, it is appropriate for all New Hanover County citizens to join the Muscular Dystrophy Association in this tribute to our firefighters. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 2009 be recognized as "Firefighter Appreciation Month" in New Hanover County. ADOPTED this the 1St day of June, 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 5-2-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS WRIGHTSBORO FIRE DEPARTMENT FIREFIGHTER APPRECIATION MONTH PROCLAMATION WHEREAS, for 2009, firefighters in New Hanover County and throughout the Nation have joined the Muscular Dystrophy Association (MDA) in the fight against neuromuscular diseases; and WHEREAS, firefighters raised more than $26 million nationwide for MDA in support of its many causes; and WHEREAS, through their daily service to communities and their dedication to the Muscular Dystrophy Association, the Wrightsboro firefighters contribute greatly to the well being of all citizens; and WHEREAS, in honor of the efforts of the Wrightsboro firefighters, the Muscular Dystrophy Association is sponsoring Firefighter Appreciation Month during the month of June 2009 with special recognition to this department for their participation in the 1~IDA Fill the Boot fundraising event during 2008; and WHEREAS, it is appropriate for all New Hanover County citizens to join the Muscular Dystrophy Association in this tribute to our firefighters. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 2009 be recognized as "Firefighter Appreciation Month" in New Hanover County. ADOPTED this the 1St day of June, 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 5-3-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS MYRTLE GROVE FIRE DEPARTMENT FIREFIGHTER APPRECIATION MONTH PROCLAMATION WHEREAS, for 2009, firefighters in New Hanover County and throughout the Nation have joined the Muscular Dystrophy Association (MDA) in the fight against neuromuscular diseases; and WHEREAS, firefighters raised more than $26 million nationwide for MDA in support of its many causes; and WHEREAS, through their daily service to communities and their dedication to the Muscular Dystrophy Association, the Myrtle Grove firefighters contribute greatly to the well being of all citizens; and WHEREAS, in honor of the efforts of the Myrtle Grove firefighters, the Muscular Dystrophy Association is sponsoring Firefighter Appreciation Month during the month of June 2009 with special recognition to this department for their participation in the 1~IDA Fill the Boot fundraising event during 2008; and WHEREAS, it is appropriate for all New Hanover County citizens to join the Muscular Dystrophy Association in this tribute to our firefighters. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 2009 be recognized as "Firefighter Appreciation Month" in New Hanover County. ADOPTED this the 1St day of June, 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 5-4-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 1, 2009 REGULAR ITEM: 6 DEPARTMENT: County Manager PRESENTER(S): Marianna Stacy, Jane Jones and Annette Crumpton CONTACT(S): Annette Crumpton SUBJECT: Consideration of Elder Abuse Awareness Month Proclamation BRIEF SUMMARY: June is National Elder Abuse Awareness Month. The Cape Fear Elder Abuse Prevention Network requests the Board of Commissioners to designate June as Elder Abuse Awareness Month in New Hanover County. The Cape Fear Network is dedicated to prevention of abuse against all elderly citizens. This proclamation will help bring awareness of this problem in our community. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Elder Abuse Awareness Month Proclamation Letter to Commissioners COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners Meeting ntim~ ~~nna 6-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ELDER ABUSE AWARENESS MONTH PROCLAMATION WHEREAS, elder abuse is the broad term used to identify mistreatment of elderly and disabled adults; and WHEREAS, abuse and neglect of elderly and disabled adults is one of the most under- recognized and under-reported social problems in this country; and WHEREAS, the magnitude of the problem is likely to increase for several reasons, especially with the anticipated rise in the number of elderly population; and WHEREAS, mistreatment can take many forms: physical abuse, emotional abuse, sexual abuse, neglect by a caregiver, self neglect, exploitation, and financial exploitation; and WHEREAS, between 500,000 to five million people suffer elder abuse every year; and WHEREAS, it is estimated that approximately one out of every 14 cases of elder abuse is reported; and WHEREAS, abuse of the elderly is preventable. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 2009 be recognized as "Elder Abuse Awareness Month" in New Hanover County and that all residents and other jurisdictions are encouraged to become more aware of this problem and j oin in the prevention of elder abuse. ADOPTED this the 1St day of June, 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting ntim~ ~~nna w~ v i~ ~.vv~ 6-1-1 • OF ~II,MINGTON Wilmington's Prseferred Continuum of Lifestyle Choices Brightmore Independent Living • The Kemptan Assisted Living • The Commons Personal Care Ma i 2009 ~ ~ ~ ~ ~r y 3' D Y I ~ New Hanover County Board of Commissioners C f O Sheila Schutt, Clerk to the Board NEUV l~~aNOV~R co. M~NAGEft'8 OFFlGE 23o Government Center, Suite 175 Wilmington, North Carolina 28403 Dear Ms. Schutt and Commissioners: In mid 200, a group of area professionals such as myself that serve the senior population, organized and formed The Cape Fear Elder Abuse Prevention Network. Our ultimate goal is to stop abuse of the elderly by raising awareness through educating the community on the forms of Elder Abuse, how to identify it and what can be done to help prevent Elder Abuse. June is Elder Abuse Awareness Month nationally and we are planning educational events, displays and materials to raise awareness. Fact sheets, pocket cards and brochures have been developed for distribution. Billboards, radio, television and print exposures are being sought. The "Elder Abuse Players" have developed vignettes that depict the different farms of elder abuse, neglect and exploitation and are being presented at group meetings in the community, both to the general public and to professionals in skilled and assisted living facilities, home health care agencies and medical facilities and offices. At the June 1St, 2oog Commissioner's Meeting, we are requesting the New Hanover County Commissioners again adopt the same resolution proclaiming "June as Elder Abuse Awareness Month in New Hanover County" that was adopted in June 200 and June 2008. A copy of this resolution is on file in your off'ice. I, along with other members of our network will attend the Commissioner's meeting to receive the written proclamation upon notification that it is to be adopted. We hope the work of the Cape Fear Elder Abuse Prevention Network makes a significant contribution towards the prevention of Elder Abuse in our area. Thank you far your support in past years. We look forward to having you join us again in this effort. Sincerely, ~t.l~k,~' ,~c~ Marianna B. Stacy Community Outreach Educator Brightmore of Wilmington msta~C~liberty-al.com (910) 392-b899 (910) 512-994$ 2320 Forty-First Street Wilmington, NC 28403 910-392-6899 • Fax 910-392-2792 Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 6-2-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 1, 2009 REGULAR ITEM: 7 DEPARTMENT: Budget PRESENTER(S): Cam Griffin CONTACT(S): Cam Griffin SUBJECT: Consideration of a Resolution Calling for an Advisory Referendum Concerning the Levy of a One- Quarter (1/4¢) County Sales and Use Tax BRIEF SUMMARY: During the 2007 session the North Carolina General Assembly granted County Boards of Commissioners the authority to levy subject to voter approval an additional one-quarter cent sales and use tax (Article 46 of Chapter 105 of the NC General Statutes). With the growing budgetary challenges New Hanover County is facing at this time the County Commissioners may want to consider calling for anon-binding resolution on the question of the levy of a one-quarter percent sales tax. A resolution calling for an advisory referendum for November 3, 2009 on the question of whether to levy a one-quarter percent sales taxis attached. Should voters approve a new one-quarter cent sales tax on November 3, 2009: 1) April 1, 2010 is the earliest date that the additional sales tax would become effective if the Commissioners levied the sales tax via resolution following a November 3, 2009 referendum. 2) The State would distribute the additional one-quarter cent sales tax to counties based onpoint-of-delivery. 3) As authorized by the General Assembly, the new sales tax would not apply to consumer food purchases. 4) There is no legislative requirement (or mechanism) for counties to share the additional one-quarter cents sales tax with local municipalities. 5) If voters approve the sales tax referendum, for the tax to take effect the Board must adopt a resolution to levy the tax. RECOMMENDED MOTION AND REQUESTED ACTIONS: Consider advisory referendum for one-quarter cent sales tax. ATTACHMENTS: Advisory Resolution Board of Commissioners Meeting ntim~ ~~nna 7-a COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Consider advisory referendum for one-quarter cent sales tax. COMMISSIONERS' ACTIONS: Approved 4-0. Board of Commissioners Meeting ntim~ ~~nna 7-a NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION CALLING FOR A SPECIAL ADVISORY REFERENDUM CONCERNING THE LEVY OF AONE-QUARTER CENT (1/4¢} COUNTY SALES AND USE TAX WHEREAS, the General Assembly has enacted the "One-Quarter Cent (1/4¢) County Sales and Use Tax Act," Article 46 of Chapter 105 of the North Carolina General Statutes (Session Law 2007-323), which authorizes counties to levy a local sales and use tax; and WHEREAS, in order to levy the local sales and use tax, the County of New Hanover must conduct an advisory referendum in accordance with the provisions of the North Carolina General Statutes Section 163-287. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners: Section l: In accordance with the North Carolina General Statutes, a special advisory referendum is hereby called to be held between the normal time the polls are open, on Tuesday, November 3, 2009, at which there shall be submitted to the qualified voters of the County of New Hanover the question set forth in Section 3 of this Resolution. Section 2: The New Hanover County Board of Elections shall conduct said Referendum. Section 3: The ballot question shall be in the following form: ` [ ]FOR [ ]AGAINST Local sales and use tax at the rate of one-quarter percent (.25%) in addition to all other State and local sales and use taxes.' Section 4: The Clerk to the Board of Commissioners is authorized and directed to transmit a certified copy of this Resolution to the New Hanover County Board of Elections within three (3) days after the passage hereof. Section 5: The Board of Elections shall publish legal notice of the special advisory referendum in accordance with North Carolina General Statutes Section 163-287. Section 6: This Resolution shall take effect upon its passage. ADOPTED this the 1St day of June, 2009. NE~U HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting ntim~ ~~nna w~ v i~ ~.vv~ 7-1-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 1, 2009 REGULAR ITEM: 8 DEPARTMENT: Engineering PRESENTER(S): Dave Weaver CONTACT(S): Jim Iannucci SUBJECT: NOTE: THIS ITEM HAS BEEN WITHDRAWN Consideration of Request for Renewal of Mason Inlet Waterbird Habitat Management Plan for 2009 (Year 7) with Audubon North Carolina to Meet Permit Requirements of the Mason Inlet Relocation Project BRIEF SUMMARY: In 2002, New Hanover County successfully relocated Mason Inlet 3,000 feet north across the southern tip of Figure 8 Island. As mitigation for impacts to habitats used by nesting waterbirds, New Hanover County was directed to develop and implement a waterbird management plan for the Mason Inlet project area, including the north end of Wrightsville Beach (Condition #16, USACOE Permit). As part of this plan, New Hanover County was required to monitor the nesting success of waterbirds and shorebirds, document the number of nests for each species, and document the species and number of non-breeding birds using the north end of Wrightsville Beach. Implementation of the management component of the Mason Inlet Waterbird Habitat Management Plan has been carried out by Audubon North Carolina, the North Carolina State Office of the National Audubon Society, under contract with New Hanover County from 2003 to the present. Audubon North Carolina, as presented by Audubon at the Commissioners' May 18 meeting, has successfully implemented the management component of the Mason Inlet Waterbird Habitat Management Plan since 2003. Under Audubon's management, human disturbances were controlled and greatly reduced. At the same time, nesting waterbirds and shorebirds increased dramatically, and habitat for waterbirds and shorebirds was restored. The attached proposed contract concerns the 2009 (year 7) monitoring and management of the Wrightsville Beach component of the Mason Inlet Waterbird Habitat Management Plan. In addition, Audubon will work with volunteers and staff to restore a limited portion of the habitat for optimum nesting conditions, with control of erosion a major criteria. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends that this contract be renewed for continued monitoring and management of waterbird habitat on the northern end of Wrightsville Beach in the amount of $24,916.50 and authorization for the Chairman to execute the contract. There are sufficient funds available in the Mason Inlet Project. Representatives of the Mason Inlet Management Group (MIPG) have reviewed this contract favorably. ATTACHMENTS: Audubon North Carolina Proposal Year 7 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting ntim~ ~~nna 8-a Recommend approval. COMMISSIONERS' ACTIONS: No action -the item was withdrawn. Board of Commissioners Meeting ntim~ ~~nna 8-a Wrightsville Beach Waterbird Management Area Waterbird Habitat Management 2009 Proposal . , , ~ J~ k ~ . r s. w y ~ , Prepared by: Walker Golder Audubon North Carolina 7741 Market Street, Unit D Wilmington, NC 28411 910-686-7527 Submitted: Apri122, 2009 Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 8-1-1 Proposal to New Hanover County for Implementation of the Wrightsville Beach component of the Mason's Inlet Waterbird Habitat Management Plan. 2009 Introduction In 2002, New Hanover County successfully relocated Masons Inlet 3000 feet north across the southern tip of Figure 8 Island. As mitigation for impacts to habitats used by nesting waterbirds, New Hanover County was directed to develop and implement a waterbird management plan for the Mason Inlet project area, including the north end of Wrightsville Beach (Condition #16, USACOE Permit). As part of this plan, New Hanover County was required to monitor the nesting success of waterbirds and shorebirds, document the number of nests for each species, and document the species and number of non-breeding birds using the north end of Wrightsville Beach. Implementation of the management component of the Mason's Inlet Waterbird Habitat Management Plan has been carried out by Audubon North Carolina--the North Carolina State Office of the National Audubon Society--under contract with New Hanover County, from 2003-present. Implementation of the monitoring component of the plan has been carried out by UNC-Wilmington, under the direction of Dr. David Webster. Audubon North Carolina (Audubon) has successfully implemented the management component of the Mason's Inlet Waterbird Habitat Management Plan since 2003. Under Audubon's management, human disturbances were controlled and greatly reduced. At the same time, nesting waterbirds and shorebirds increased dramatically, and habitat for waterbirds and shorebirds was restored. The monitoring component of the waterbird habitat management plan has been implemented by UNCW since 2002. Following discussions with Dr. David Webster, UNCW professor and principal investigator for the bird monitoring component of the management plan, we determined that it would be most efficient if Audubon assumed responsibilities for both the management and monitoring associated with the north end of Wrightsville Beach on January 1, 2007. This resulted in the same level of management and monitoring for the site and with reduced overall cost. This proposal concerns the 2009 monitoring and management of the Wrightsville Beach component of the Mason's Inlet Waterbird Habitat Management Plan. The Mason's Inlet Waterbird Habitat Management Plan The Mason's Inlet Waterbird Habitat Management Plan was developed through meetings and discussions with representatives from Audubon, the North Carolina Wildlife Resources Commission (NCWRC), and the US Fish and Wildlife Service (USFWS), all of whom have extensive knowledge of waterbird biology and management, with additional input from New Hanover County staff, US Army Corps of Engineers, and Land Management Group, Inc. The original management plan, developed in 2002, was later revised prior to the 2004 nesting season. Goals and actions outlined by Audubon, NCWRC, and USFWS in the management plan, and in the revised management plan, were consistent with waterbird management practices implemented on similar beaches throughout the Atlantic and Gulf Coasts of the US. One of the most critical factors required to meet the goals of the waterbird Habitat Management Plan is the prevention of human-induced disturbances to birds using the site. These disturbances result from both passive and active recreation activity by people and dogs (leashed or unleashed). Disturbances can be deliberate, such as a person or dog chasing birds or they can be seemingly benign, such as a person walking calmly down the beach. Regardless, the reaction of the birds is the same. They leave their nests or chicks until the threat (a person or dog) leaves the area. Chronic disturbances, even at low levels, result in increased nest abandonment and failure, increased chick mortality, and eventually abandonment of the nesting site. The impact of chronic or prolonged 1 Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 8-1-2 disturbances by people or dogs can be exactly the same as a person deliberately stepping on an egg or chick. Human disturbances and loss of habitat are the most significant threats to waterbirds. These two factors present the greatest threat to most waterbird and shorebird species. The Mason's Inlet Waterbird Habitat Management Plan specifically addresses disturbances from people and dogs and outlines specific requirements to reduce human-induced disturbances. The Plan also specifically includes public information and education activities that have been shown to be important for the overall success of waterbird/shorebird management. Monitoring is equally important. Monitoring bird use and productivity of nesting birds is the only feasible means of assessing the effectiveness of management actions and assessing the overall impact of the project on birds. Five goals are outlined in the Mason's Inlet Waterbird Habitat Management Plan, along with specific actions required to meet each of the goals. The goals include: 1. Identify and protect nesting habitat for waterbird species. 2. Provide high quality foraging and roosting habitat for waterbird species. 3. Restrain human and animal disturbances to waterbirds throughout the year. 4. Educate and inform the public about waterbirds and waterbird habitat in the project area. 5 . Monitor waterbirds in the proj ect area. Implementation In April 2003, Audubon North Carolina (the North Carolina State Office of the National Audubon Society) entered into a cooperative agreement with New Hanover County to manage the north end of Wrightsville Beach in a manner that will restore the site for nesting birds. This agreement has been renewed for every season since 2003. As directed by County staff, Audubon's primary objective will be to implement one component of Mason's Inlet Waterbird Habitat Management Plan; the component of the Plan pertaining to nesting waterbirds on the north end of Wrightsville Beach. This would partially fulfill goals outlined in the Plan and the corresponding condition of the permit issued for the relocation of Mason's Inlet. To this end, Audubon proposes to complete each of the following: 1. Employ a biological technician to implement the Wrightsville Beach component of the Mason's Inlet Waterbird Habitat Management Plan. 2. Locate colonies and nesting sites for waterbirds and shorebirds. 3. Post, rope off, and monitor the site for the entire nesting season to prevent human disturbances as outlined in the Mason's Inlet Waterbird Habitat Management Plan. 4. Document all human and dog disturbances. 5. Maintain signage for the entire nesting season. 6. Develop and advertise educational programs about birds of the area and offer to the public free of charge; maintain interpretative panels at the information board. 7. Assemble and coordinate volunteers to assist with management, protection, monitoring, and education activities. 8. Prepare and submit a final project report for the 2009 season by April 1, 2010. Completing the above objectives will result in compliance with the Mason's Inlet Waterbird Habitat Management Plan and associated permits pertaining to waterbird and shorebird management on the north end of Wrightsville Beach. 2 Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 8-1-3 Monitoring Audubon will continue monitoring breeding and non-breeding bird use on the north end of Wrightsville Beach, following the same protocols as Dr. David Webster. Monitoring will include the following: 1. A waterbird and shorebird nesting survey will be conducted to determine how the inlet relocation project affects nest productivity in those species of birds that use the inlet area as nesting habitat. Waterbird and shorebird nesting areas within the project area will be identified and monitored throughout the waterbird-nesting season (March 1 through August 31, or until the last chick fledges). Monitoring will take place on the north end of Wrightsville Beach. Based on past years, the list of species expected to nest in the survey area includes, but is not limited to, Black Skimmers, American Oystercatchers, Wilson's Plovers, Willets, Least Terns, and Common Terns. During the nesting season, a sample of nests will be marked and every 2-3 days from lay date to hatch date. Care will be taken to minimize disturbance to nesting birds and survey activities will not be conducted during adverse weather conditions. The Mayfield method will be used to calculate survival during five critical life-history stages-nest building, egg laying, incubation, hatching and nestling-as much as can be expected given the tendency of the hatchlings to abandon the nest quickly after hatching. 2. A monitoring program for breeding and non-breeding piping plovers will be implemented. The area will be monitored for nesting attempts by Piping Plovers. If a nest is located, it will be marked and monitored every 2-3 days until the last chick has fledged. a. dates when monitoring began and ended; b. nesting chronology (dates when plovers were first seen on the site, nest establishment dates, dates when unfledged chicks are present on the site); c. locations of nests and brood foraging territories; d. known and suspected causes of nest and chick loss; e. indices of predator abundance; f. locations of commonly used foraging areas during each stage of the breeding cycle; and g. use of the site bypost-breeding or migrating plovers. Monitoring for non-breeding plovers will be conducted weekly (no less than every 6 days) during the migrating and the over-wintering periods (July 1 through May 15). Surveys will be evenly distributed throughout this period, including a wide range of tidal conditions and habitat types. A final project report will be prepared and submitted on or before April 1, 2010. Conclusion The management and monitoring actions implemented on the north end of Wrightsville Beach have worked very well to restore suitable conditions for breeding and non-breeding birds at this location. Both actions are essential to maintaining the site for birds and should continue as proposed. The proposed actions stated herein will accomplish these objectives while maintaining compliance with federal permits issued for the relocation of Mason Inlet. Furthermore, the project is at a stage where combining both management and monitoring under Audubon's direction will be the most efficient and cost effective means to maintain the north end of Wrightsville Beach in a state that is favorable to breeding and non-breeding birds and consistent with the federal permits. 3 Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 8-1-4 Proposed Budget Wrightsville Beach Waterbird Management Area 2009 Staff Seasonal Biological Technician 13,130.00 1000 hrs @ $13.13/hr Conservation Biologist 5,400.00 300 hrs ~ $18.001hr Education Coordinator 1,000.00 40 h rs ~ $25/h r Education and Outreach Printed Material 150 Design & layout 0 Educational panels 700 Equipment & Supplies Posts, rope, string 600 Signs 600 Office supplies 100 Miscellaneous hardware 250 Staff & volunteer shirts 120 Subtotal 22,050.00 Administrative overhead (13.0%) 2,866.50 Total 24,916.50 4 Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-f 8-1-5 0 ~ n 0 N a~ ~ ~ a a~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W ~ ~ ~ ~ ~ ~ ~ O F'' ~ ~ ~~~~~~~z~ z 0 ~ ~ ~ ~ N ~ ~ U ~ ~ ~ ~ c~ H ~ ~4~C~~~Oc~~~ o ~ o 0 ~ ~ U o z ~ ~ o ~ w ~ .o ~ ~O W ~ X0000000 ~ooo W I ~ ~ o 0 Z 0 ~ ~ ~ot~~uag o i U ~ o ~ ad~aspu~~ a~ ~ ~ x ~ o ~ ~ ~ ~ ~ ~ ~ Q o ~ ~~~ia~H ~ U ~ ~ ~ ~ a~ ~ I ~ ~ ~ U ~ N U~ N~ 0 N V1 Q ~ ~ ~ ~ ~ v, U ~ ~ ~ 0 ~ a+ ~ N ~,U 0~ N~ Q ~ ~ ~ I I-~~Nc+~~~~OI~GO~ 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ N a ~ ~ ~ ~ ~ ~ 0 0 ~ ~ bA ~ i~ ~ ~ ~ 0~+ ~ N U ~ U U ~ ~ p ~ ~ ~o~~ y~ ~ ~ ~~~~~a~~~~~ ~ ~ ~ U ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r~ ~ #ZdId ~ J~~ o~ a~ o -V F---I L v L I I I I I I I I I I I I I I I I I I I I I F.., ^ l 1 V v 1 .6, l w V~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 1, 2009 REGULAR ITEM: 9 DEPARTMENT: Budget PRESENTER(S): Bruce Shell, County Manager CONTACT(S): Cam Griffin, Budget Director SUBJECT: Public Hearing on the FY2009-2010 Recommended Budget BRIEF SUMMARY: On Monday, June 1, 2009, the Board of County Commissioners will review the FY2009-2010 recommended funding with specific organizations and following will hold a public hearing at 7:00 p.m. to receive public comments on the FY2009-2010 Recommended Budget. RECOMMENDED MOTION AND REQUESTED ACTIONS: On Monday, June 1, 2009, review the FY2009-2010 recommended funding with specific organizations and hold a public hearing at 7:00 p.m. to receive public comments on the FY2009-2010 Recommended Budget. ATTACHMENTS: List of Speakers COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Review funding and conduct public hearing. COMMISSIONERS' ACTIONS: Reviewed funding and conducted public hearing. Board of Commissioners Meeting ntim~ ~~nna 9-0 PUBLIC HEARING AGENCIES SCHEDULED TO SPEAK BEFORE COUNTY COMMISSIONERS New Hanover County Board of Commissioners FY 2009-2010 Budget Public Hearing MONDAY, JUNE 1, 2009 New Hanover County Courthouse 24 North Third Street, Room 301 Wilmington, North Carolina T_ AGENCY 6:40 New Hanover County Schools 6:50 Cape Fear Community College 7:00 Public Hearing Board of Commissioners Meeting ntim~ ~~nna w~ v i~ ~.vv~ 9-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 1, 2009 REGULAR ITEM: 10 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe and Jane Daughtridge CONTACT(S): Chris O'Keefe and Jane Daughtridge SUBJECT: Public Hearing Special Use Permit (5-590-5/09) -Request by Janie Walker for In-Home Child Daycare for Eight Children at 4432 Jason Courtin the Churchill Estates Subdivision BRIEF SUMMARY: The location is in an R-10 Residential zoning district and is classified as Urban on the 2006 CAMA Land Classification Map. At its May 7, 2009 meeting, the Planning Board voted 4-0 to recommend approval with a stipulation that the driveway access be redesigned to avoid using a circular drive. The applicant has submitted a revised site plan showing that change. One person speaking on behalf of seven petitioners voiced objections to the circular driveway and expressed concerns as to safety and harmony with the neighborhood. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: (Choose one) 1. Motion to recommend the special use permit based on the findings of fact (with or without recommended conditions). 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to recommend Denial based on specific negative findings in any of the four categories listed in the Findings of Fact, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. ATTACHMENTS: 5-590 Petition Summary 5-590 Adjacent Property Map 5-590 Opposition letters 5-590 Site Plans 5-590 Applicant Materials 5-590 Findings of Fact COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Board of Commissioners Meeting ntim~ ~~nna 10-0 COMMISSIONERS' ACTIONS: A motion to approve with recommended conditions and a new condition on the driveway failed 3-2, Commissioners Davis, Thompson and Greer opposing, on the basis that the project is not in harmony with the neighborhood. Board of Commissioners Meeting ntim~ ~~nna 10-0 Case: 5-590, 05/09 In-home daycare for 8 children Petition Summary Data Owner/Petitioner: Janie Walker Existing Land Use: Single Family Home (currently keeps 5 children) Zonin H.~ istory: July 1,1972 (Area 9A) Land Classification: Urban Water Type: Public Sewer TXpe: Public Recreation Area: Ogden Park Access & Traffic Volume: N. Kerr Avenue (arterial) via Grathwol Dr. to Jason Ct. Nearest ADT 2007=17,236; ADT 2009=14,308 or -17% LOS=F Fire District: Ogden Fire Department Watershed & Water Quality Classification: Smith Creek C;Sw 303(4) list Aquifer Rechar e.~ Area: Primary or secondary recharge for the principal aquifers Conservation/Historic/Archaeological Resources: None Soils: Wr- Wrightsboro Fine Sandy Loam Sebtic Suitability: Class II Moderate Limitations Schools: Blount Elementary Board of Commissioners Meeting ntim~ ~~nna w/ v I , 14.vv-If 10-1-1 ab"SNI~13-42101 1~ ba lb!d3 0 ~ w ~ ~ ~ lQ _ ~z .G~ Q p Q ~ ~ ~ 1 ~ as x3s3iaalw 1S~Np ~ IS~NINN3~ o~ ~0 ~ t~ ~ Q ~ ~ ~ ~ z Y 'Z ~J - ~ - ~ (Y W ~ ~N~~ds Z W W IC7 O •Z 1~~NpS100 4a'~'3~1b'/►~~NI~~ a dS cn i~ - - o a ~J O w 4a~3W11•~NRIdS fZ~d4lOMHlb21 J ~ r raN_-l1~1213H~ 31b/11}1d i~ - ~ ~ ~Gj - Q ~P I o P ~Q Q~ o, - h~ N ~ I r 1 J1 ~C to ~ 0 ~ ~ G~, `Jl ~ I ~ n ~ 1 i- ~ r .Q i~ ~ - ~REE~~cT r~ ~ ~ ~Q ~=m, I 'rl dp _ - - __r-~ ~ ~ , - ~2 _ a - ~ - ' I~ - - _ o - - - - I , I - - _ w ~ T--~"---._-T III I J I ~ - - - - - 'a - -~o Z - - _ _ - . - ~ is J ~ - - - a - P ~ _ ~ N C'1 ~ ~ to f~ oD 47 I C ~ I ~ ~ ; J - ~ O ~ ~ O ~ _ _ C t ~ ~ O U ~ (l) N li c ~ ~ ~ L V! ~ ~ ~ ~ Z ~ ~ I ~ ~ = J W ~ ~ W q J a Z t V ~ ~ Q. Z y Q W Iii V=~ ou~W~N~ a~~ p ~ ~ ~ N ~ LL V ~ ~I O ~~3 ~ ~o~o~~o}J i ~ a~ ~ ~ aM'c o oa}~=~a~z m ~ ~aQ a I, O N~~ ~s ~ ~a~g°~ad ~ O ~c= ~ o~aNCnrn~w~ c ~ c~ - ~ - m a~a ~ ~~a (j) Q Board of Commissioners Meeting 06/01/2009 10-2-1 s~ x` ~~'o:~~esidcnts afJason court and Deborah Cart : prig ~4, ~aa `~on~: area des, 44Z$ Jason court f fie: pec~ai ~Jse errr~it Request for 443 Jason court As mangy of you have seen posted, I)a~n~ and Janie a~ker of ~4~ Jason ours have requested a pec~al use Pern~~t from the e~ ~Ianover aunty ~~annin ~f#~ce. ,what they are requesting i pernt far their {Trsting hands" daycare center that is currently bung run from their hone serving at . n~.axium of eh~~dren. They are rated as a one-star faci~it the lowest ~ not bad, just indicat.g that they meet the n~inim.na. requirements for op~ratia~}. 'a~e~~ prat to increase ~nb~r o ~.~~dren th~~ ear. ~.ve ender t~.eir daycare supervision. dew Hanover ount~ ordinances says that ~ order to increase the number aver 5 c.~dren, their must apply far and have apraved a pecia~ ~Jse hermit. In order to abide b the caunt~' ~ ordinance, this permit Dili also require the addition of more parking and easy access ~ and out of the "parking area". The plans an die include cutting dov~n of the fee ~ the prapert~r ov~ner's front hard Which has already been dane~ and creating a circ,ar driveway on heir proper, as they are required to by bounty honing ordinance, ,article ~ Section ~~^2a, h~ch states ~a~e o~ ~~~~~wis~ ~~n~ov~d r~v~way, iness aid ~ro~perfy w~~o~ ae~i~ onto seed ~i~~~ o~ way. "There is also a provisia~. to ~io~r far a ~o square foot sign their yard, but from the infor~natian that ~ have received, their have not decided to da that a of to date. There i a ub~ic meeting that mill be held an day 7, ~aa9 at S;Opm an the third floor ofthe ~~d aurthouse bui~d~ng at the corner of street and princess Street danta~n, roam 3a ~ . At this ~neetin , an concerns that need to be addressed ~ri~i be, then on June aa9 the can~iss~oners viii meet and reader their dccisian on the walkers pern~.t request. ~1X of this infarn~ation provided to nee has been b~ the courtesy of hrs. Jane I)au.tride of the e~ I~anover County Punning epar~ment. ~ ~ infarrning a~i of you an this issue because m ~fe ~.ana and I feed that thfs should not take place. piease understand that this opinion in na may is against fanny and Jame 'alder persanali~ in any may. They are currently and mays have been onderfi~ people and ~ronderful nihbors and 1 have seen the may Janie is v~th her chiidrn and she does da , ~onderfal fob. dux issue is with business being ran in our neighborhood that nay farther bring darn our praperr values. I personaily do not want to see a "parking iot" next door to one, as ~e~l as peap~e constantiy running in and out ~~ke a supermarket. It nay seem Tike not a big dead, but Maur neighbors proper has a iat to do with your o~. praper~ value, A circular drivea~r, or one ~ "~~avea~~pa~icr~ aid acc~ss~b~~~ty" not soak defined with the rest of our han~es in this nighborhood. As most of you are aware ire have t~vo quite urge dogs and fey are pretr protective oftheir proper, although they "kno~r" mast of our surrounding ne~hbars and are quite subtle ~.th them. we see it as a danger to the chiidren ifone or mare acid poke their fingers thru our fence hide paying and be bitten by our lags. I brought this up to the county and was advised that that is nay responsibiiity to maintain m~ dogs and eras tad that I round be i~ab~e ~f such a tragedy accu.rred. ordinance that is carnet, however I feed that if my lags are protecting ~ ha.e and son~eane "enters" property, I should not be held accaun.ble far the a~ctians of my pets, host of us this neighborhaad have dogs, and hapeful~~ ~rou understand. ~rhere 1 any coming franc and hair you ouid feed. ,long those issues is e issue of the high volume of traffic ire see due to the candaslaparbmentoff of Cheryi I'~anc and at som.etin~e the high rate of speed Chase residents travel, that ~na~ be a separate issue itself, but dv ~e meant once ~raf~c an. o~u street? specia~iy in ~e s~n~.er time ~rhe~, our kids are outside p~a~? Board of Commissioners Meeting ntim~ ~~nna 10-3-1 3~ a realr~e that this mad n~ae ~ not verb pop~.ar ~ this neighborhood, but ~ ~ ~ have been great neighbors and those that nor us vrel knnov~ fat sue ~ou~d do an~tbing for anyone. e dust feel that our neighborhood should nat be a business establishment. ~Te verb bard to deep up our homes and shrive to increase ~e va~~e ~ our horr~es, e that the acceptance o'this peeia~ use pern~.it ~~l hurt our property values and potetia~~y endanger own. ehidren by increased traa~'c. Please consider signing this fetter as a petition response to stopping approval o~ this pec~a~ use Perr~.t. I ~relcoe dour comments and you are econ~e to drop Maur signed support in n~~ mailbox at and time and ~e~con~e to stop down to our hone and spew v~ith us directly or cad ~xs..~ane ~aughtridge at the New Hanover ount~r planing ~epar~.ent at X910} 798-7440. 'hand ~o~, Corey and ~~ana e►v~s, 44~~ Cason ou ~ hereby ~~~~~~~y dive s~~are ~n o~econ o ~h~ pec~a~ use perna~~ for 4~ ~~n o~, lie ~naver on, i~~non ~ ~4D. dame; ~ ~ ~ 4 Mature: I~a~e; c Board of Commissioners Meeting ntim~ ~~nna 10-3-2 ~ real~~~ that this ~a~ ae ~ nat vet pap~ua~ ~ this n~ighha~hoad, but ~ Mink e h~.~e been. xeat ~eihbar~ end thaw that a~ u re~I a that ire ~u~~ a ~ ~a~ a.~ae. but feel that our ne~hbarhaad hau~~. got e a b~uie ethihr~e~.t. ~ a.~~ a~~ e herd to deep up air hae~ a~ tree to increase the ~aue a a hares, e ee that the eee~tar~ce off` this ~eeiai use et ~l hurt onr praper~~ ~r~~es ~ ~ote.t~a~~~ ena~aner our a~ eh~~~en b i~c~~.sed #~~c. please cons~de~ s~~ng this fetter as a. pe~~tian ~e~a~.se ~a stop~n e p~ra~. a~'th~s pee~~ use Permit, ~ ~elca.e Maur eonent~ and ~rau are v~elcae ~o drab a Maur supart y a~lba ~.t nor time and e~ea.e to stag o to our have d s~ea~ pus d~rectl~ ar eall lVxs. Jane ~auhtri~.e at the c~v a~aaver auu, lann~.ng ~e~et at 0~ '~95~744a. o~ey end ~la.n~ ~e~v~s, ~ Aso ~ he~e~~ ~l~l e ~ sure a~ec~~ a the ~ec~~ use ~~~i~ o~ 443 Jason opt, e~ ti ale: ~ Board of Commissioners Meeting ntim~ ~~nna 10-3-4 ~ ~ reii~e this n~a n~ae u nod ~er~ ~opu~a~ to his ~,e1~bar~aod, bud ~ ~~a~n ~ aye been great nei~bar and ae ~a~ na us ell na~r ire ad do an~ung fer an~ane. e ~s~ feed a our nei~.bar~ood sau~d nab ~e a ~~usine eta~Ii~hn~enfi, `e a~I ~r ~er~ hard to ~ee~ up air han~e~ and brie ~o increase ~a~e of oar ame, ire ~ee~ die aece~tance of phis ecia~ Use ~ernn.i ht~ oux ~re~e~ and po~en~~~l endanger au~i own ei~dren b~ increased ~ra~"~e. ~~eae eansider sinin this ~et~er as a peti~ian repane ~o tappin a~ra~a.~ of ~ ~eciai ~e Aerrni~. ~ e~ean~e ~o~r canen~s and you are re~can~e ~o drap o~~ ~a~r signed suppa in ~ mar~~a~ a~ a~n~ tine and e~can~e ~a slap damn ~a air dome and spea,~ ~ directly ar eat hrs. Jane au~#r~dge a~ ~e e ~anaver ou.t Planning ~eartrnent t ~91a~ 795,74. ~h~n~ o~, aye and a.~~ cis, ~aso~ a~ ~e~eb~ X11 i~~ ~ s~~a~~~~ ~n abec~~ o~ ~~e eci~ ~ ~e~~~ ~o~ 443 ~~so~ c P~~nt l~~e: ~ ~ ~ ~ ~ f~ arc: Ph~~: ~ Board of Commissioners Meeting ntim~ ~~nna 10-3-5 ~ ~ I real~~e that this n~a ~na1~e us nit vet popu.lax ~ t. neih~or~.aod, but ire 1~a~e beep gnat nei~hbars and those fat nom u e1I ~na~ that eve ou1d any~in for anane. e dust feel that our ne~~orh~od shaul~ not be ~u1ness est~111nnent. e X11 ar1~ ~er~ ~~rd to deep up our homey ~n~ ~tri~e ~a increase .e valve of au~ ~,o~ne, e feel fat the ~ceeptee of this pee~a~ Case ~er~nit i11 hurt our pr~pe ~l~.es and p~tentiall~ en~~.~r oar a~ children increased t~~c. flee consider ~n~n ~h~s letter as ~ petition response to ~tapp~~ tie app~ov~.l of special Ilse Per.it. ~ elcon~e ~~ur c~m~nents and you are ~eleome to dap off roux signed support ~ n~a~~ba at and tune anal vrelcon~e to step dom. to our home and spew us erectly or call hrs. Jane ~at~htr~de at t~.e eve I~anaver bounty ~lanni~.g ~epa~e~.t t 1 a} 77440. ~bn are, ~~ey Ia~~ ~Le~vis ~44~ ~~son ~o~~t I be~reby ~~ling~~r i~'e mare i~ objce~~ ~ the pec~~ Ilse pe~i~ for 44~ Ja~o~ o~, e naves o~n3 ~ln~~non 4~5. ~in~ e: , ~ igna~~re: I~~e. ` Phase: ~ ~ Board of Commissioners Meeting ntim~ ~~nna 10-3-6 4 s ~eal~~e fat this ~ made us nat eery po~aular . ne~~.baraod, but the ~ have ~ee~ great ~e~~bar and tease that Ana u ~rel1 ~na~r fat ~rould a far anyaa~. e jest sex that au~ r~e~g~.o~aad should not ~e a b~~s esta~zs~eot. e all rare eery hard to deep our ~ar~es aid stye to .erease t~.e ~ralue o~ our h.auas, feel that the aeee~ta~~e o~ t~s ~e~. use Per~.~t ~.ll hurl our p~apert~ value and potentially endanger our awn ch~ldrer~ by ~~areaed tra~f~e. please consider s~n~n this letter ~ petition response to stapp~. e appra~l a~ this pec~1 use ~ernt, elcan~e your o~er~ts anal you are e~cae to drab aft your ig~.et~ supar~ i~ ~y ~nilhax at any tine and v~el~a~e to stop dam to our Name aid spew i~. us directly ar ~~ll N~rs. Jane Daughtr~dg t ~e e~ ~ana~er aur~~y Plar~n~ng ]epar~ent at ~9 ~ a~ ~~8~744~. ~"~u.you, Corey aid a~ T~eris, 44 Court ~ ~erehy ~llh~ly ~~e ~ s~g~~re objec~on o the peel ~1se permY~ for 44~ ~Tasvu Co~r~~ eve uo~er County, ~o~~ug~ou ~ X40. ~~i~t tee; ~ address. ~ ~r~~ r ~gaare: ~ Date: D hone: Board of Commissioners Meeting ntim~ ~~nna 10-3-7 t~l ~ u5 ~.ot Verb ~apua~ . t n~~hbarhoad, bud ~ this e have been great nei.bars and ~a~e that ~na~r ref ono that vie and da any~hin far an~ane. e ~u~t feel that our ni~b~rhaad ~au~d nat be a buses e~~ab~i~nent. ~'Ve a~~ or verb hard a deep up our hares and stripe to increase tie ~~ue of our han~es, e feel of phis peeial use Pern~~t ~.ur~ our prapert~r ~a~ue~ and ~otentia~y endanger our children b~ increased traffic. Pease cansider signing t~.s fetter as petition resanse to s~app~n ~ aPpro~'a1 of this Special Use Permit. ~ v~e~c~rne dour ea~.ents and tau are e~eame to dxaP a~ Maur signed support in .a~iha~ at and time and e~can~e to stop down to our once ~ spew with us di~eet~~ or eat hrs. Jane Dauhtride the e ~ana~er ounr Pianning Department ~ 1 9~-'~4~~, ~'hn~ you, Corey ~]1ar~a ~e~s~ 44 .son Coup ~ h.ere~~' $~~~nl~ ~~e my s~n~e o~eean Q~ ~e pe~~ Jse ~e~~ ~v~ 44~ Cason Core, New ~Iano~~ o~. 'i~~~n~or~ N ~~0. ~ ~ P~r~n~ Name. ~f ~ ~ s ~dd~ress. ~ ~gnature; ~ ~ ~ P~.0~.~4 ~ ~ f.f V Board of Commissioners Meeting ntim~ ~~nna 10-3-8 u u x.. c :~a-~ II i n Ila µy i Vy, II b" k1 ,~N~,n Iba u~r~ ~ IyR °w. ~ ~sv a°;i q~~~', i a II" i orb a ~ i ~ i S ~ ~di ~q ~ u 1, I I ~r n r a~. M i n6 k` n CI ~ u ~ ~ :rt ~ n"`• ~ ~ R ~ Nti . y, ~'ii ~ P H u ii I~ i ~ ry M rv ~ ~ N N ~ u"y V" ""'N ~ 'll I ~v R, v i a N~ p iu a it Alr~~i Pi ` ~i I~ I' mk I~ ° a Ei~, 4^ I I ~ Y I III P I 1 NV ' Ili. a ~ry II G w - ~ p. ii i i U. a..~~Y,~.~. F ,5 'l v V [I I 4 i p l 4. uil`:' ` ~ Y ~,1 ~ h ~ ii f r ~4, r. I~' I, ii I CI i! r L' ,n I~ fl . , tl I I N h,, li ~ I ~ rl ~e, . v , I ~N r . ~ . I ~ ~ r ~ i ~ ~ hm ~I ~ ~ d ~ : II ti ~ I y II ~ q P m ^ I a a ' p N V. W„ F' v ~ ' f l'. ~ u. ~ L... v I _ -w^ ~ X a .o i ~ .p ` ~~"y~ II ~ i I ~ I. p ~ it n~ a N i r h I. arL a ~ u~ ~I V~ a i II a ~ u r °N~ i, u' tl Y X °u u ~ ~ uo,. °1 .r w~ L, N r u A ~ a i ~ air ! u,° f °u i . ~ ii ~s ~ ~ " ~ v u ^d R W u i~ Nw P. IId n 6~~ u ~ I ~I w I A ,41 w ~ ."u n u • ~h„ ~ a ~ ~ ~ " N ~ o w V P," II ~ ~ uu fl; p 0 u fit' , ^ M ii,~ V I• ~ ` r ~ y , N h~ h Ip u;~`°~ y ;i ~ h n " °y, u ~ eM ll . v~ ~ , I! ~ I Boal°d of Collvnisslonel°s Nieexm~ ~ ~ - ~ a ~'•i ~ ~ Ec M ~ R 6 a ~ PN u'^° i,,..,~.u V1 0"' "4 q y y p " i Y r i^ k!. A ~ i ~ - : ~ , H ~ r ~ r ~ ~ i w~~,~~ ` k ' ~ r ~ i ` k~ k f I x i ' ~ v: ~ j _ ~ ~ ,E ~ ...a i 46 ~ . , ~ r a~ ~4 i, iud. ~ d li y~ & .,~,~a I, II k, " r t n i K ~ u , az- ~5 f s i~ s ~ ~ r; ~ , p, ~ 1 ~I V Ali W jb a ~ l ~ ~ I i 4 r~ ~ i 4 e: i ~ K E ~u '^i, b7- ~~Lj~i I~ II aW W ~ 1s Y. tir11.. 1 1~` ;trot i i-~ ti ~rd~ u ~ ~N L ~ yj ~ gym' L ~ 'v l~ ~ ~ i c ~ "I z;.. `r iy~ k ~~il ~ k 11 ~ Z~. N 7 tl- k ~ rt ~ t t t,Yi sy I i "r~ ~ ~w ~ , ~fi ~ ~ -~c `e u jr' ~ i ; ~ a ~i a r~, .u ai. ~g ~ E ~ e ~ ~ ``44 ~ i, 'i ~~a . ,Y s~ ~ r l~; ? u ~ I e ~ . ~ ~ W 'r 1~ k a ~ ~ ~ w )I!! l Ir r Y ~ v I d~ f ~ ~ ~ ~ rr pt, ~ i n t E ~ a F~, uW,~p w, a ~ u ~ l~ 1 ~ ~ ~ LIP j~~ ~ ;'S ,h' c ~ ~ L W1t i~ ~f, t'_i i ~ 5 + 10. ~ ~ J ~ ~ ~ 1 V G 1 3 i Fruu. II ~ ~ 4, i~, ~ . ~ ~ W r ~ of ~i' gtlp ~Nll P C t ~ vrt~ ~ I @~ ~ ~ ~ ~u4t {i C 4 n r` ~P 1 I ~ E ~~t y ~~rel ~II 4 ~p~ • yl a ~ X t~ 1 ~ dlg tl tl ~ ~ i s _ ~ i k11~1N11N~1@1~~' ~ ~ ~ ~ ~ i ~ A ~ a ~ ~ w~y ~ i.,. X ~ r~;r V B . N. +f, la, 9 ) a -e I e i ~Et ~ Z~+1~ ~ s r L~ ,'fir. ~J { y b L. Y~~ Sf~Pf' a~a~ ~1' 1J_ ~I~~. 3 ~'y ~ ,t,: y ~ ~K~ M ( ~I i f 1 ~ _ J',` t S. N iE ~ } 1 fir i~ ~ s a s ~ it y ~ ` i ? Board ~~f ~'~»nmiss3oners Nlccttn~~ W .d W ~ _ nr,m ~ i~nna 10 - 4 - 2' y ~ ~ ~ ~ ~ ~ i l f Is , rf { ~ ~ - ~ ,gam a f~ ,..fir, X•.. ~ ,.."~IY~.. _ ~ ` w a~ I4 d E i'~ n a: I!.. e" Board of Commissioners Meeting ntim~ ~~nna vv~ v i~ ~.vv~ 10-4-3 Board of Commissioners Meeting ntim~ ~~nna 10-5-1 ~pplicativns for Specrai use Permits father then for single fancily dwellings on individual lots are ~~t refeed to the dew ~anaver County Planning hard far recommendation to the County Commissioners. The Can~rnissioners rr~al~e final actian an the permit application in a quasi jud~c~al public hearing, Complete petitions and all supplementary information must be accepted. by the Planning Deparrt~nent orng days before the Planning Bard meeting to allaw adequate tune far processing and advertisement as required by the Forth Carolina Oeneral Statutes. Planning Board meetings are held on the first Thursday of each month at :~4Pi in the Commissioner's Assembly Room. at the Old County Caurthause, at Third and Princess Streets, wiln~ington, forth Caral~na. 1~pplications for single-family dwellings, including mobile .homes, an individual lots must be accepted by the Planning Department twenty ~20~ working days before the regularly scheduled Commissioners meeting. Applxcatians far single~family dwellings an individual fats do not regr~ire planning board re~iw. pec~ _ ,~uthvrity to grant a Special lase Permit is contained in the caning Ordinance, pursuant to section 7 ~ , the honing Ordinance imposes the following General Requirements an the use requested by the applicant. Under each rec~ui~'ement, the applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements: Attach additional pages tf necessary} ne~~a~ equ~ren~ent ~ The Board must end "that tl~e use wail not materially endanger the public health or safety ifiocated where p~•apased and developed according to the piar~ as submitted and app~ioved:~}' ~ ~ ~ ~ ~ ~ r ~ ~ ~ ~ '"'"'1,~ r ~ ~ ~ ~ ~ ~ ~ ~ • ~ ~ encra~ Rcqu~~•e~nent~ the ward Est n~ "that the use meets all required conditions and specif~catians" of the honing Ordinance'. { a ~ ~ ' ~ } R f ~ ~ l r y • ~l TT ! A ~ ~ f ~ Boar omm~s~ ones Muting ~ ~ e~~re~ne~~ 3 ~h~ ~aard ~n~s fiad "that the ill nit subst~~ti~~~~ inure the v~~ue off" ~~a~~~~~ ~bu~n p~~opet~t or the use i~ a ~ub~ie ~~ecess~t~." ~ ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ ~ ~ ~ ~ ~ ,1 P JJ ~ ee~ e~r~i~e~ten~#4 ~3o~rd ~i~ad ~~th~t t~~e ~oe~tion and eh~•~ter of the use if eve~oped ae~~~•d~~~ the inn uh~i~ed end ~pp~•o~ed ~ ll he ~ ~1~~n~on~ ~~th ~~~e ~•e hic~~ it is to e 1~cate~ anc~ ~n ~e~e~~l e~~forrnity ~tt~ t~~e p~~n Q~ deve~~p~~ent ~e~~ ~an~~rer Co«ty." ` ~ ' ` - ~ ~ ~ ~'he a~~~~ rd~~~~~ oe ~~~~~~e ~ poses dd~~~ol ~~~~~e re~u~rea~~~~~ oa the ~~e~ed b~ the app~i~a~~ h~ ~pp~iic~~~ sh~u~d ~ pr~~~r~d d~~o~~~~~e ~ha~ prapo~ed ~o~~d ~np~~ ~~h ~~~h pe~~fic re~~~reae~~ ~aad ~a s~e~~on 7~, dd~~~~a~ ~~~~r~e~~o~ ~pvsed r~a~~ p~~~~ ~e app~~~abl~~. ~1he ~ho~d also d~~o~s~r~~e ~h~~ ~h~ ~a~d aa~d be use ~ aa~er co~~~~~~~~ ~i~b ~h~ p~~n~ a~ad po~i~~es ~e ~~~~r ou~~. 'he Ord of a~~~s~~o~~ Y~np~~ add~~ia~a~ eo~d~~o~~ aid ~~~~r~c~~o~ ~h~~ ~he~ de approp~~~~~ pr~ar ~o ~h~ ~ss~i ~h~ pe~~~ ~Jse era~~~~ eert~~ ~h~~ ~h~s ~ppl~~~ioa ~s e~~pie~e god ~h~ alb o~ the ~mor~~~ preyed ~~~s ~~~~c~~~oa aeea~~~e o h~ best o~ a~~ ~~~a~ed~e, ia~o~~a~~~~~ ~d bey. ~ ae~il~o~er ~dlo~ ra~~r per rin Pie of 3 ~P ~71~ Board of Commissioners Meeting ntim~ ~~nna 10-5-3 ~~~~n z~, Zoo9 My Name is lame Walker and I have a home child care ce~~er at 44 2 Jason c , Wilmington N.C. 28405. Currentfy [have 5 children in the home w ish three are siblings and the other 2 are siblings and would like to utilize for a child care facility for eight children .f have another demand for another family of 3 and the parents wants qualify care ire a home environment with smaller groups .In addition, I have a fenced yard to serve as an outdoor play area for ~h~ children. I must have a special use permit for 6 or more children be~Fore a fVC Chid Care License for 8 can be issued. The hour o~F operation will be 6:30a.m. to ~.2 midnight Monday-Friday. Thank you, Janie t~la{ker Board of Commissioners Meeting mini i~nno 10-5-4 Jennifer i~avid Altars 44~' Jason ~ou~t lilinonr ~D5 Apr!! X09 ~Q hvm it day ~once~n: fanny 8~~ani~ Talker have brouh~heirchildcar cen~r into their hoto help par~n in need o carp ~rhil a~ ~ra~~C. ~ husband and l ~rere ~ to hire ghat they had to move ~ro~n their previous lacation but delibd to ~nav~ they ire ably to con~in~e care a~ their home, a are riot concerned abaut the extra vehicle that hair cage at~d go to drop and pick up the children. has not been a n~isanc~and ~v an~~d to sat our apinion r~ardin~ this situation so the hikers can continue to care fog these children and the additional ~hlld they need to add. I~ you ~oul~ lid speak v~ith ~s, you ray call 9J.~~~~µ~~~~. i~ce~ely► enni~erAl~rnan Board of Commissioners Meeting ntim~ ~~nna 10-5-5 SPECIAL USE PERMIT 5-590, 5/09: Daycare for up to 8 Children Request By: Janie Walker Location: 4432 Jason Court, Churchill Estates Subdivision PLANNING BOARD ACTION: At its May 7, 2009 meeting, the Planning Board voted 4-0 to recommend approval with a stipulation that the driveway access be redesigned to avoid using a circular drive. The applicant has submitted a revised site plan showing that change. One person speaking on behalf of seven petitioners voiced objections to the circular driveway and expressed concerns as to safety and harmony with the neighborhood. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public water and sewer serves the property. B. The property accesses N. Kerr Avenue, an identified arterial, by Grathwol Drive a local street. C. Level of Service on N. Kerr Avenue is rated as F, meaning traffic exceeds the design capacity and delays of 45-60 seconds occur at intersections. D. Average daily traffic counts along N. Kerr Ave. in the vicinity decreased by about 17% between 2007 and 2009. E. Traffic Impact Analysis is not required because traffic for this use will not reach the threshold of 100 peak hour trips. F. Fire Service is available from the Ogden Fire Department. G. The property is not located in a flood hazard area. H. The proposed facility is a single family residence. The applicant currently keeps 5 children. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-10 Residential. B. Off street parking requirements must meet Article VIII of the New Hanover County Zoning Ordinance. (Four spaces for drop-off and pickup in addition to the two spaces required for the residence.) C. The applicant proposes to add an expanded driveway pad which will accommodate 3-point turns in the existing driveway to meet the ingress and egress requirements of the Section 72-20(2) D. There is an existing play area which is enclosed by a chain link fence that is four feet high as required by the ordinance. E. The day care must be licensed by the State of North Carolina. F. In accordance with Section 72-20 no outside signs in excess of 2 sq. ft. shall be permitted. 5-590 (5/09) Page 1 of 2 Board of Commissioners Meeting ntim~ ~~nna 10-6-1 G. All other local, state and federal requirements must be met, including possible property upgrades to meet building codes and fire safety codes. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. Child care facilities exist in other residential districts in New Hanover County. The applicant has been operating a home daycare in the neighborhood. B. No expert evidence has been submitted that this project will decrease property values of residents who live nearby. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Land Use Plan Update identifies this area as Urban. B. Policies in the 2006 Land Use Plan do not specifically address daycare needs. STAFF COMMENTS Staff feels that these findings are positive. ACTION NEEDED: (Choose one) 1. Motion to recommend the special use permit based on the findings of fact (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to recommend Denial based on specific negative findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. 5-590 (5/09) Page 2 of 2 Board of Commissioners Meeting ntim~ ~~nna 10-6-2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 1, 2009 REGULAR ITEM: 11 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe and Jane Daughtridge CONTACT(S): Chris O'Keefe and Jane Daughtridge SUBJECT: Public Hearing Special Use Permit (5-591-5/09) - Request by Gertrude Martins for In-Home Child Daycare for Eight Children at 523 Upland Drive in Bayshore Estates Subdivision BRIEF SUMMARY: The location is in an R-15 Residential zoning district and is classified as Watershed Resources Protection on the 2006 CAMA Land Classification Map. At its May 7, 2009 meeting, the Planning Board voted 4-0 to recommend approval of the special use. No one from the public spoke on this item. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: (Choose one) 1. Motion to recommend the special use permit based on the findings of fact (with or without recommended conditions). 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to recommend Denial based on specific negative findings in any of the four categories listed in the Findings of Fact, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. ATTACHMENTS: 5-591 Petition Summary 5-591 Adjacent Property Map New Site Plan 5-591 Applicant Materials 5-591 Findings of Fact COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Board of Commissioners Meeting ntim~ ~~nna 11-0 Approved with conditions recommended 5-0. Board of Commissioners Meeting ntim~ ~~nna 11-0 Case: 5-591, 05/09 In-home daycare for 8 children Petition Summary Data Owner/Petitioner: Gertrude Martins Existing Land Use: Single Family Home (currently keeps 5 children) Zonin H.~ istory: July 6, 1971 (Area 5) Land Classification: Watershed Resource Protection Water Type: Public Sewer TXpe: Public Recreation Area: Ogden Park Access & Traffic Volume: Market Street (Arterial) via Bayshore Drive Nearest Market St. ADT 2006=44,441; ADT 2009=42,282 or -4.9% Bayshore Dr. ADT 2006=5633; ADT 2008=4243 or -24.7% Market St. LOS=F Fire District: Ogden Fire Department Watershed & Water Quality Classification: Pages Creek- SA;HQW; 303(4) list Aquifer Rechar e.~ Area: Shallow water-table sand aquifer Conservation/Historic/Archaeological Resources: None Soils: Be-Baymeade fine sand Sebtic Suitability: Class II Moderate Limitations Schools: Ogden Elementary Board of Commissioners Meeting ntim~ ~~nna w/ - _ i I ~ _ r--- _ I F- ~ II I _ _ i 1 I i ---i ~I i 'I O i ~ r II I 1~1- - y F_ j-- - ___-a ' \ I _ _ ~ I I.WI ~ - I - ~I- { A ~ - _ _ _ ' S~ ~ _.-i y; I _ - ~ JAI III - I ~ ` ~ - + gym, I N 1 ~ ~ ! 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No one from the public spoke on this item. Preliminary Staff Findings 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public water and sewer serves the property. B. The property accesses Market Street, an identified arterial, by Bayshore Drive a neighborhood collector street. C. Level of Service on Market Street is rated as F, meaning traffic exceeds the design capacity and delays of 45-60 seconds occur at intersections. D. Average daily traffic counts along Market Street decreased between 2006 and 2009 by about 5%. Within the neighborhood, traffic has also decreased nearly 25% on Bayshore Drive between 2006 and 2008. E. Traffic Impact Analysis is not required because traffic for this use will not reach the threshold of 100 peak hour trips. F. Fire Service is available from the Ogden Fire Department. G. The property is not located in a flood hazard area. H. The proposed facility is a single family residence. The applicant currently keeps 5 children. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The property is zoned R-15 Residential. B. Off street parking requirements must the requirements of Article VIII of the New Hanover County Zoning Ordinance. Four spaces in addition to the normal residential requirement of 2 spaces must be provided. C. The applicant proposes a 3-point turn in the driveway and parking areas to meet the ingress and egress requirements of the Section 72-20(2) D. There is an existing play area which is enclosed by a privacy fence that is more than four feet high as required by the ordinance. E. The day care must be licensed by the State of North Carolina. F. In accordance with Section 72-20 no outside signs in excess of 2 sq. ft. shall be permitted. G. All other local, state and federal requirements must be met, including possible property upgrades to meet building codes and fire safety codes. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. 5-591(5/09) Page 1 of 2 Board of Commissioners Meeting ntim~ ~~nna w~ v i~ ~.vv~ 11 - 5 - 1 A. Child care facilities exist in other residential districts in New Hanover County. The applicant has been operating a home daycare in the neighborhood. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Land Use Plan Update identifies this area as Watershed Resource Protection. B. Policies in the 2006 Land Use Plan do not specifically address daycare needs. STAFF COMMENTS Staff feels the findings are positive. ACTION NEEDED: (Choose one) 1. Motion to recommend the special use permit based on the findings of fact (with or without recommended conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to recommend Denial based on specific negative findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. 5-591(5/09) Page 2 of 2 Board of Commissioners Meeting ntim~ ~~nna 11-5-2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 1, 2009 REGULAR ITEM: 12 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe and Jane Daughtridge CONTACT(S): Chris O'Keefe and Jane Daughtridge SUBJECT: Public Hearing Conditional Rezoning (Z-894-5-09) -Request by Royal Palms MHP, LLC to Conditionally Rezone 27.6 Acres at 5140 Carolina Beach Road from R-15 and R-10 to CD(R-10) for Use as a High Density Residential Project of 288 Units BRIEF SUMMARY: The location is currently used for a mobile home park of 191 units and is classified Urban and Conservation on the 2006 CAMA Land Classification Map. At its May 7, 2009 meeting, the Planning Board voted 4-0 to recommend approval of the request with an additional condition that the street connection to Normandy Drive must be made prior to occupancy of the 108 units envisioned for Phase II of the project. One person spoke at the meeting to express concerns that the current residents should be given as much time as possible to find other places to live if the proposal is approved. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION #1 NEEDED: In accordance with NCGS 153A-341, paragraph 2, "The planning board shall provide a written recommendation to the board of county commissioners that addresses plan consistency and other matters as deemed appropriate by the planning board 1. Motion to Recommend Approval based on consistency with the plan and other appropriate matters. 2. Offer Applicant option to Withdraw the Petition (there is aone-year waiting period to reapply.) 3. Motion to table or continue the item in order to receive additional information or documentation (Specify). 4. Motion to Recommend Denial based on lack of consistency with adopted plans or determination that the change would not be reasonable or is not in the public interest. ACTION # 2 NEEDED: (Choose one) 1. Motion to Recommend Approval (with or without conditions). 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Recommend Denial based on specific findings in any of the four categories listed in the Staff Summary, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Board of Commissioners Meeting ntim~ ~~nna w~ vr~i~ 12-0 ATTACHMENTS: Z-894 Petition Summary Z-894 Adjacent Property Map Z-894 Site Plan Z-894 Applicant Materials Z-894 Staff Summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0 with recommendation of staff on road condition. Board of Commissioners Meeting ntim~ ~~nna w~ vr~i~ 12-0 Case: Z-894, 05/09 Conditional Rezoning to CD(R-10) for 288 unit high density Petition Summary Data Owner/Petitioner: Royal Palms MHP, LLC Existing Land Use: Mobile Home Park (6.4 acres R-10; 7.5 acres R-15) Zonin . History Area 4 (April 7,1971) Land Classification: Urban and Conservation Water Type: Public ~r Sewer T~ Public Recreation Area: Arrowhead Park Access & Traffic Volume: Carolina Beach Road (Principal Arterial} nearest recorded ADT 2007= 29,737; ADT 2008=35,144 or +18.2% LOS=E Fire District: Myrtle Grove Fire Department Watershed & Water Quality Classification: Motts Creek - C; Sw Aquifer Rechar e Area: Primary or secondary recharge for the principal aquifers Conservation/Historic/Archaeological Resources: Floodway, AE flood hazard, swamp forest Soils: Se-Seagate fine sand; Ls-Lynchburg fine sand; Jo-Johnston Soil Septic Suitability Class II-Moderate limitations and Class IV-Unsuitable (Jo} Schools: Williams Elementary Board of Commissioners Meeting ntim~ ~~nna w~ v i~ ~.vv~ 12 - 1 - 1 OWN ~ ,off - ~ ~~~4-~ I - ~ , c~ 0 ~ ~ 0 ' b, O /y~ ~ i I I I W O ~ Irk "I J I` N 2m - fil ~ -T~l ~ Iy ~ I I ;i '~i ~ l ~S-a21~39~3110~ ~~21~J3~1D~ -----.L._.----~ '~_~s'ti_,_. 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Utz ~s_ O~ x ~m~W. (nwD a~ `gym 9z~ ~ ~ I I ( ~ ` Q sm f~~"~'m I'll la ~o {il omA ~Am z° °;;ii ~.ma£° ~ N IV z c°z zz ~0 6nioln ~oa~~~ (Yto Or o °z o- h r({pI A a 'ry py ~I A O -C A In L7 f~l 5~ VV I1 ~.~y ~r A~ ~W~vn Wq,® E~7~A~CJ D~ m n I+I alO2 S~~~0x a o 0 0 0 o m m a m 0~ r C 4 'k~ (%f ® OD m A fcN'i~nspm=o'z i 3 z z i z z z z z ~ v ~m&'B l® ~ Dim fl131 ~ ~ crmo -I BIZ ° ~ ~ ~ ~ ~ ~ ~ v`""~ n DoCa m' N ~ 0 'Z~ N O A.Z{~ o~0 -AA~ ~ ~ ~~y~~o ` ~ ~ j~ ~v n'p z owA m~ 0 6 ~ ° m A n~ r~ ~ ~ ~ ~z { z coZ - ~ v ~ a 'p ~ N K c d° A ITl I I 1 I ~ I ~ p ~ ~ o m m m N~ W z° z N z a z U UU L-i UU L--j m Boyd AI r Mruig ~ I Board of Commissioners Meeting ntim~ ~~nna 12-4-1 ~ on~p~~ance with laodp~ain po~~c~es Fro~~s~on. of pedestrian faei~~t~es 3. ~a~ sinif ican~ ~~i~~o~~~oo c~~ane~r a~~ occ~~~e ~a ~na~e oriin~~ ~~nin ~na~opr~ia~e, o~ how ~s the ~an~ irrvo~v~ un~u~~a~1eo~ us~s~~~~ni~~e~ ~cnd~~ ~e e~~~~~n ~or~i~? The site an existing nog.-conforming use in a and R- ~ districts. The site abuts existing ~~~.-conforming highwdens~ty use, un.de~eloped land and con~rnercial de~elopn~ents ~ ,1 ~ and B~~ d~str~ets, respectively. although the under~yi~ coning for the Royal Palms Mobile Home Farb is ~s~n~e-fan~.~ly I 0 and R~ 1 , tae existing use ~ effeeti~re~y high-density: ~ I~-1Q:.~,~~ ~r~i~s o~ ~ ~-~~res ~.8 units ~e.r .~e~e~ ~ ~-1: 7,~ n~~~s on 1~ acres ~7.~ r~n~ts per Acre} Through plan de~reloprnent with the County ~~ann~n epartn~ent, the redevelapment's proposed density was in co~.p~iance v~ith that allowed for "Special ~Jse: High Density" under the R~ ~ and i ,portions, respecti~re~y. S~miiarly, impervious totals mere in compliance with that ilov~ed. ~'hrough the e Hanover County TRC process, ~e Hanover County Fire Service requirements dietted expansion of par.n faeiiities to accommodate Fire apparatus turn arounds. Add~t~onal in~perviaus surface required to satisfy this need. fed to an amount of in~per~rious surface on the -1 portion of the property ire excess of that allowed under "Special Case: High Density" for ~-15 ~approx~rntely D.~,~cres}. Por that reason, eve ~sl~ for rezoning of the approximately 7~Acres of ~ on the 27~Acre site to - ~ "his rezoning z~l a~io us to achieve the project goals v~hile hoHrir~g County goals, policies and requirments. Board of Commissioners Meeting ntim~ ~~nna 12-4-3 ~i~7 G~ ~iJ~. ~ the dein progresses, it nay be passible to provide some pr~~ous pavement options in the payed areas a n~~t~ation to propoed ~~nper~iou surfaces. ~~eae I~a~e; The site a_cuentl~ de~~~ped has no controls far v~ater q~ua~ity and quantity. The rede~olopn~ent plan proposed for th~~ site ~ncarporate torm~vater qua~~t~ aand quantity controls in accordance ~v~th both ~~~R and New ~ano~er bounty rules and reuXat~on. A such, overall surface mater runoff should be greatly reduced and water ~ual~ty should be greatly enhanced, Elsa under the ~edevelapn~ent plan, ~.ll nan~eon~p~ant structures mill be removed from the pub~~shed floodplain and any proposed unit falling within this ~loadpla~n ill he constructed in accordance itl~ current bounty regulation, additionally, the 1 ~~Ac~es of the 27~Acre site nat currently coned R-1 ~ is rezoned from the total iper~rlous area allowed mill be ~.S~Acres more than the total i~nperv~vus area ro osed. ~ Acres of lrnperv~ous allowed with entire site as R~ 10:13.80 acres ~ Acres off` ~n~pervious proposed with entire site ~-10:1.99 acres Board of Commissioners Meeting ntim~ ~~nna 12-4-4 des ons~ to "ou dust ~s~a~lish Foy ~ ecYa~ Je Pe~r~it ~~ttachmeut to Page of 4~ e~e~a~ ~u.1~reeut #1: Thy ~oa~a~ Est f i~ ~e use wi~~ ~a~ a~~~~a~~~y ~~~a~er~ p~cb~~~ ]~~a~~~ ar safely ~aca~e were p~o~ased artd de~e~a~e~ ~ccardin ~a the play as ~u~~ni~~ed a,~p~oved. „ The sub j eat pro~ert~ i located it.~~. the "l~rb~n" ln~ l~ssi~icatron a~ tha appra~ed A~ land use plan. The propesed project is a rede~elopr~ent of a non-eonforrning, high-densit~r use ~~ayal halms Mobile FIome Pare 191 nits;l7-,~,.cres ~n zoning ~ 1 ~ and 1 a-Acres ~n zoning R~ I ~ kith regards to public health and safety, the site a 1t persists today has nether stormater quantity nor quality contro~s~ approximately ~~°Ia ofthe residential units are placed on ten~porar~, near-grade foundations xthin the ~ott's reef floodp~a~n and na pedestrian facilities nor alternati~re ~reh~cle routes exist. The praposed site l~ address existing inadequacies and enhance the site xn the following ways: The redevelopment plan will incorporate modern storn~water controls both quantity and quality}, floodp~a~n. cons~deratians in accordance Frith bounty standards, pedestrian facilities and roadv~ay inter~connecti~rity, Additionally, the property has too e~~sting ingressl egress driveways to Carolina beach load ~U 4~~}with dedicated turn-lane and. decel taper. The praposed redevelopment will use one of these existing dries w1th turn-lane and taper and w~~l ren~o~e the second. An l~D~T dri~reway permit w~l~ be acquired for the site. The property i served b~ the Myrtle rro~e Fire district, The site has pub~~c water and sewer services p.ro~~ded from. the gape Fear ~ub~~c Utility Authority ~FP~A~. Trip generation calc~.lations for the existing and proposed site, using the current 1T~ Trip enerat~on 1Vanual, indicate that .net increases in peak-hour trips to and from the site are below the aunty's threshold for a traffic impact analysis for the morning and the evening pears. The receiving road ray, , is an arterial corridor. This facility should continue to operate at a l~e~el of er~ice during peal-hours with this redevelopment considered. Board of Commissioners Meeting ntim~ ~~nna 12-4-5 ene~a~ ~e~uiree~t ~'~e ~aa~ use ~e use ~n~~~s~ ~~e~i~ed ~a~~~o~rs ~n s~peci ~ca~ia~~s " a~ o~i~ ~~dirta~c. ~ The ~7.~-Acre site rs to located ent~rel~ in R~ 1 D ~oning~ ~ I~ensit~ Development pup to ~7 units per net acre fog ~-D} rria.~ be allo~►red b~ Special use Permit ~n this honing District. The proposed site plan indicates 8S condomin~u~n units Frith goal a~nen~t~ on the acres with ~ density of approximately ~ a.4 units per acre. ~ Access to the site i available from an existing dr~ve~va~r on the site This primary access is f~on~ ighay 4I, ~ four-bane h~gh~ray Frith grassed median, currently ~v~th decel taper and dedicated right-turn. lane. Additona~ access is planned thxough the ~ar~~u~ dill Subdivision connection to ~oririandy I~ri~re, ~`urthermore, a future access is designated to the property located directi~ north of ~oyai Palms, the existing ~aden's Mobile ~on~e Pa. ~ The approved I~e~r Hanover bounty Ali~~ Plan classifies this area as [urban and the redevelopment plan as proposed continues the intensive redevelopment that exists in this urban area. ~ Dff^street parl~ing of 5~ spaces for the proposed condominiums and ~a fox the proposed pool house is pro~rided and meets the re uirements of the ordinance, ~ Storm grater detention ponds have been. planned far the site and mill be permitted in accordance Frith the standards of the bounty ordinance and f]~NR requirements. ~ Total iiripervio~us surface proposed is 47~Io. The ordinance allav~s S~~l~ of the site to be impervious fog -10 zoning under Special []se; high density. ~ kith ~9, I °Ia of the site dedicated to open space anal irnpra~red recreation areas the site exceeds the bounty standard of 20°I~ fog the proposed distric. enera~ e~u~~~remen~ ~'e hoard us~~ir~d "~a~ ~~e ~cse i~~ nod s~c~~s~ar~~ia~~~ ij~e tie vale of ad~oi~ir~ a~ a~~c~~i~ ~o~erty nr ~a~ use is a u~~ic ~~cessi~y. " Properties directly ad~oin~ng or abutting the proposed development are; Austin commons carnrnercil condon~iniuins ~~aned B-~~, vacant land zoned ~-2}, vacant land zoned R-15~, vacant land owned by the ount~ zoned ~ a~, oba well site owned by the ~'PUA zoned - o~ and the existing Borden's Mobile dame Parr zoned R- ~ 5}. dditiona~l~, several multi-fan~il~ develapn~ents and several large-scale and small-scale commercial businesses are located ~rithin one mile of the site Multi-family sites include but are not Iim.ited to: V~illloughby Park, andline Place, ~eada Village, Magnolia Trace, Treetops and Still Meadow Village. ~omme~ciai sites include but axe not limited to: 'dal-1Vlart, Loges carne Iinpra~en~ent, Liberty Tax Service, function pub Billiards aril Monl~e~r J~tion Mini Storage. Board of Commissioners Meeting ntim~ ~~nna 12-4-6 .~~if~~~~ v~N y~ Apra! 2I, bane Daughtridge, AICP Senior Planner -Currant Planning New Hanover County X30 overnmant Canter Drive, Suite ~ ~0 wilmingtor~, NC ~$4~~ ubjec#; Rayal Pa~ims ~ewDevelopment Public Meeting; New Hanover bounty Public Library umm~ry of,~prz~ X009 wl Supporting Material Ms. Daughtridge: With respect to re-deveiop.er~t v~f the Royal Palms 111lobile ~Iomo Park and New ~lanover County's requiram~nfis ~`or pnditipnal Use I Special ~Jse, we are providing the sun~rnary and supporting materials from the subject pubiic meeting. prior to the meeting all immediately adjoining property owners ware notified in person or by certified mail ofthe date, time and intent of the ~naating. The date, Lima and intent were provided on a pl•,ota-copied ~~lyer, a copy o~ which is enclosed. Additionally, residents within Marquis Mills subdivision that are adjacent to Mott's Creek as it runs parallel to the subject property were sin~ilariy notified, Hand deliveries ware made by the owner's representative, Mr. Rich Margan, and a checklist of delivered notifications is inclosed. ~il~ewise, mailed no#ifications were via the U.S~P.S~ and copies o~Fsignad roceip#s for mailings era also enclosed. To provide raa.sonable access, the meeting was held within. ~l-mile ofthe site at the New Hanover County Public Library's Myrtle rove I~ranch, Por convani~nce, the meeting time was set at 5:3~ p.m. to honor the close of a typical workday, ~~'tha ~ notifcatians rr~ade, 4 individuals warn in ~t#ondanco. A su~nrnary oftha meeting notes is anclps~d end the general feel ofthe meeting is as follows: l~e~naval ofthe mobile home park and canstructian oI~condo~niniums is favored. The roadway connection to .Marquis HiiIs is np# #`avored. ~ Thera is ~n ongoing concern aver trafficl speed within Marquis Hills subdivision. ~ Thera is opncern over stormwatar runoffto Moo's Crank. ~ Thera is ~ desire to maintain mature trees and wildlife clang Mph's Creek. we believe that this meeting was successful and indicates that adjoining property owner's see the project as a general en,haneen~ant oftha area as proposed. we also fee! the meeting indicated a general dislike ofthe proposal Normandy Drive connection and wa ask the County to reconsider this feature of the davelapment. Sincerely, F. Comer yon , P.. ~ 1 Po~l~ load, ui~e 70~ ~ ~~f~,f~~o~i~r~er~~~i~i~~383y 7~~~ ~ ~~X; ~10~8~~D~ ,ra~.ia~nn,:~,.,,....~.,, VVVVW.L r ~rr:;GrrTiff. [,urrr P;12051205-5SIAdmin\New Hanover County WuGiic Meeting12009-04-2I Jttr-Maugh i ge.4c 8 N~T~~ PU~L~ E~TIN ~Or ND~'~NAL 1 P~~ U~ ~~~T THE with ~ega~ds to New HAN~~~R OUNT"Y ~LANN~N ~.QU~R~IV~~NT Notice is l~exeby ~i~en to ad~oiner~ to and to interested parties of the Cond~t~ou~l Use 1 special Use ~errnlt Request Process ror New Hanover County Covernmcnt. Tl~zs meeting is open to the public and specil:ic inuitces as directed in the Neu Hanover Caunt~ honing Ordinance. The mce~ing will be hosted by the Owner's Representati~e and Cape dear Engineering, Inc, orgy Thursday April l b , 2~~9 beg~nn~ng at ,~0 p.m, The meeting will be held in the meeting room at the N~yrtle roue Branch ol~ the New Hanauer County Public library: 5155 South College l~d~ ilrn.ington, NC ~~41~ X91 7~S-b391 AGl1N.DA A, CA~~, TO ORT~ER - ROI~~ CAl'~L and IN IN B. D~~CUSS~ON ~TEl~IS RDYAL DAIS CONDITIONAL USE I SP~C~A.~ USA PIJRMIT REQUEST C, AD~DUR.NNIENT rich ~o~~a~ Owner's Rp~esentat~~r~ Palms 91 a~~9~-5 Z Board of Commissioners Meeting ntim~ ~~nna 12-4-9 ] or 2 Pu~~ic ~e~ting Royal ~a~m~ Natxf~~at~~~ t~ .~d~~~n~n ~rop~ry ~w~.ers ~et~n~ Notes whey; pr~~ 1 a~~, 5:3~W~:~apm were; N~yrtle drove Pubic l~~brary conference ~.oor~ ~~~N~E loyal Palrrrs l . oer Lyons gape Fear Ong' Richard Dorgan owner' ~ Agcnt ~.d~oining ~'roperty ~wne~s 1. Charles Faircloth ~ ~S No~.and ~ Vickie ~aircloth 1 ~ Normandy Dr . ~chae~ Powell ~~~0 Carolina Beach Rd 4. Haywood Lincbez~y 5~~ Janet ~d ~~~I~~ 1. flan Review ~draw~ng} . onsing Density . tor~aawater Management 4. Roads . ~'raffic ~onxng 7. Sewer rapacity ~~C C~IVIIV~~NT A~ ~~O 1. Road onnecti~ity ~'aircioth}; concerned a~olit ad.dltlonal tra~'fic and nose resulting from newly created access through the neighborhood. Not in favor of road. ~pdy; Xn~`orn~ed neighbors, R~ is installing the road at the specific request of New Hanover bounty. How much additional traffic will this add to Carolina Beach ~~owell}? ~p~~; Based upon the proposed housing type, that although the residences increase frame 1 ~ 1 to X88, the am and pm peak-hour trips increase only by 50trips in the morning pear and ~1~ ~ trips in the evening peak. . what happen to the wildlife in the wetlands area ~~ineberry~, ep~y; Reviewed drawings and setbacks, 4. will this redevelopment cause my property to f~oad ~'aircloth}? Repl~r Na, R~ is develop1ng to the current standards. 'these requirements are much more stringent than existed when the park was originally de~reloped. explained fi~ow of water and retention ponds. . or~cern about speed through the neighborhood ~Fircloth}. possibly the County could pravide speed baps on Norand~r ~Powell~. ~p~~; on.cu~ed that goad may result in additional traffic and speeders although exiting through P:I?~SI~U~-551A~mi~1l~e~v Hanover ConnlylP~~lxc ~+ieeting1~U09-0~3-i6_Pmcet ~otes,dnc Board of Commissioners Meeting ntim~ ~~nna 12-4-10 2~r2 ex~~t~ng ne~~horhoad i much leis direct than exiting d~~ectly o~ato a~o~~na ~ and, therefore, lei li~el~. ~iuai a~~earance of resid.ence~ much better than e.istin mobile home park, fall neihbar~~ made ~ar~ous comments to this effect}. 7, ~uaiit of residents sl~ouid i~~o~re ~s. rr~obile have pax residents ~cr~me fats, naise, etc.} fail neil~bar made various comments to this effect}. P;1~451205-~51Adm~~l~~ew Hanauer C~untylPublic hteetingl~Op~-16_Pmeet~nates.do~ Board of Commissioners Meeting ntim~ ~~nna 12-4-11 ~~l~~T. ~AT~. ~ ~ ~ t . * i f E ~ C . ~ ~ ~ F ~ ` ~ i ~ 1 L~ ' r i f 5~ ~ y ~ } I ~ a~a y ~ ' , ~ ~~0~6 ~ ~lvllle, T~~: 38'~D~~ Board of Commissioners Meeting r v7o tw 416rl W1--W IV-7 A/ VV/V1/LVVJ ww• azF r N1 r~F• R• Kii •~Mf www,Capefearenol earinoxom 12 - 4 -12 iI r ~f ~r~e ~oho~e , N1~~i~~l ~ ~ ~ Mangy Road Iil~nin~on, ~ X84 ~ Parcel ID: RO~~~~~D~~~00~ ~OO~ Propert~r Ad~re~: 0 an~~ Road Lloyd . Bou~de~, 8~ hit~r~ Poln~ ~d. ~ ~lfilrr~ir~~vn, Paroe~ !D; RCJ7~Q0,~0~-~~'~~0~ ~ Prop. Addr~: arol~na Beach Rd. A~~ir~ or~on knc. 520 r din 6 ~ R ~ ~ ~ ~ aid, ~ y. a ~ lil~in~on, ~ 84~ Par11D. ~~70~~00~~~~~-~~~ ~ ~ Prop. Address: a~D rol~na beach Rd. Ronald f Jo~oe . Hughes ~ ~ ? l~yl~~e ore Road r ~~rln~on, N ~$4~~ , Parcel I7~0-~oB~~ Prop. o-Addre 08 Carolina leaf Ind. ~C, ~l~o. ~ ~ ~ ~fer~de~ ~r'rve EF U1~llr~ig~on, N 84~ r r Parcel Il]. 1~'D~ X71 Prop, Address: ~ 4 Carolina Beach Rd. fanny ~ l~larol Lee Poell aral~na beach Road " 1~lr~~n~~on, N 84~ Parcel I R~?00-DO~~04-~~~ Prop. Address: ~~8 Carolina l~eacl~ id, Digitally signed by l~ichard C Morgan DN: cn~Ri~hard G Morgan, v, air emall~rich~morganhomevesto rs.com, ~~US Date: ~0~9.Q~.1 ~ 06:59;43 -U4'DO' Board of Commissioners Meeting ntim~ ~~nna w/ v I , Lvv-If 12-4-14 ~ ~ ~~1~~ ~,~CE ~ OVERALL Sf TE DATA EXISTING CONDITIONS GROSS SITE ACREAGE 27.61 ACRES ZONING 17.11 ACRES OF R--TO 10.50 ACRES OF R--15 LAND USE 191 MOBILE HOME UNITS (TO BE REMOVEp) IMPERVIOUS AREA 10.35 ACRES APPROXIMATE WETLAND ACREAGE 0,76 ACRES APPRQXIMATE UPLAND ACREAGE 26.85 ACRES AREA INSIDE THE i00-YEAR FLOOD LINE 9.80 ACRES AREA INSIDE THE COD 3.78 ACRES PROP~S~D CONDITIONS----_.~_-----__.~---------------------.~___-----_~__ DENSITY ALLOWABLE DWELLING UN175 (SEE DENSITY CALC TH1S SHEET) 469 UNITS PROPOSED [~W ~L.ING UNITS {CONDOMINIUMS) 288 UNITS OVERALL SITE DENSITY {288 iJNITS/27.61 AC) 10.43 UNITS/ACRE ALLOWABLE DWELLING UNITS INSIb 1Q0-YR (2,5 OU/AC X 9.$Q AC} 24 UNI`fS PRQPOSED DWELLING UNITS INSIDE 100--YEAR 24 [1NITS IMPERVfOUS AREA FOR ENTIRE R-10 ZONING ALLOWABLE IMPERVIOUS AREA (50% Of BASE ACREAGE OF 27.61 AG) 13.80 ACRES PROPOSED IMPERVIQUS AREA t 2.99 ACRES (47.0 ) pPEN SPACE OPEN SPACE REQUIRED 1I~ R-10 (20~ pF BASE ACREAGE} 5.52 ACRES OPEN SPACE PROVIDED 6.58 ACRES (23.8%) IMPROVED RECREAi'[ONAL LAND IMPRUV~p R~CREAT[ONAL LAND REQUIRED W R-10 (75~ OF' BASE AC.) 4.14 ACRES IMPROVED RECREAT[ONAL LAND PROVI~EI~ 4.20 ACRES (15.20 Board of Commissioners Meeting mini i~nno 12-4-15 CASE: Z-894, 5/09 PETITIONER: Royal Palms MHP, LLC REQUEST: From R-15 and R-10 to CD(R-10) for high density residential- 288 units ACREAGE: Approximately 27 acres LOCATION: 5140 Carolina Beach Rd. LAND CLASS: Urban and Conservation PLANNING BOARD ACTION: At its May 7, 2009 meeting, the Planning Board voted 4-0 to recommend approval of the request with an additional condition that the street connection to Normandy Drive must be made prior to occupancy of the 108 units envisioned for Phase II of the project. One person spoke at the meeting to express concerns that the current residents should be given as much time as possible to find other places to live if the proposal is approved. STAFF SUMMARY The subj ect property is located in the southern portion of the county in an area classified as Urban and Conservation on the 2006 LAMA Land Classification map. It is within the area recently approved for annexation by the City of Wilmington. The property is accessed from Carolina Beach Road, a major arterial roadway. Traffic counts just east of this location show about an 18% increase in average daily traffic between 2007 and 2009. Carolina Beach Road has a 2007 LOS of E, meaning the road is operating at its design capacity and experiencing delays at intersections. The property is located northwest of the intersection of Carolina Beach Road and Antoinette Drive. Existing use is a mobile home park of about 191 spaces which has been operating in this location since the mid-1970's. To the north of the subj ect property is another mobile home park of about 22 spaces. East of the site is commercial development and vacant residential land. To the south and across the Motts Creek floodway is Marquis Hills Subdivision. The subj ect property is located in the Motts Creek watershed drainage area which is classified C; Sw. The rear portion of the property is within the 100 year flood zone and the Motts Creek floodway influences the southern boundary. Soils are primarily Class II with a smaller area of Class IV wet soils that roughly coincide with the floodway and areas of swamp forest. Land Use Plan Considerations: Z-894 (5/09) Page 1 of 5 Board of Commissioners Meeting ntim~ ~~nna 12-5-1 Policies in the 2006 Land Use Plan encourage development within the urban services area where existing infrastructure is available (5.5.5); require street connectivity and prohibit cul-de-sacs that impede connectivity (6.5}and Limit density and impervious surfaces in the floodplain (3.9.1 and 21.1.1 and 21.2). Conditional districts are designed for firm development proposals and require site specific plans to be approved as special use permits, thus providing maximum protection and predictability. In this case, the conditional district serves to consolidate the underlying zoning designations as relates to the high density proposal. The 2006 Update of the Joint LAMA Plan describes the purpose of the urban class as providing for continued intensive development and redevelopment of existing urban areas with existing developed at a density approaching 1,500 dwelling units per square mile and urban services already in place or scheduled within the immediate future. The purpose of the Conservation class is to provide for effective long-term management and protection of significant, limited or irreplaceable natural resources while also protecting the rights of the property owner. Management of these areas may be required for a number of reasons, including natural, cultural, recreational, productive or scenic values, but are primarily flood prone areas. The subj ect property abuts Marquis Hills subdivision and vacant land to the south, Bowden Mobile Home Park to the north. Walmart is across Carolina Beach Road This proposal provides a future street stub to the Bowden property on the north. Interconnectivity to Normandy Drive to the south will provide secondary access to enhance circulation, safety and efficiency of traffic options for the proposed development. No traffic impact analysis was produced for this proposal. Since the existing use already generates traffic, the additional number of units will not generate the requisite 100 peak hour trips according to the applicant. Public water and sewer currently serve this site, however until pump station upgrades are completed in the area, additional capacity will not be available. Therefore, the project anticipates a phased development schedule with 108 of the proposed 288 units being delayed. Staff recommends a royal of the rezoning. ACTION #1 NEEDED: In accordance with NCGS 153A-341, paragraph 2, "The planning board shall provide a written recommendation to the board of county commissioners that addresses plan consistency and other matters as deemed appropriate by the planning board 1. Motion to Recommend Approval based on consistency with the plan and other appropriate matters. 2. Offer Applicant option to Withdraw the Petition (there is a one year waiting period to reapply.) Z-894 (5/09) Page 2 of 5 Board of Commissioners Meeting ntim~ ~~nna 12-5-2 3. Motion to table or continue the item in order to receive additional information or documentation (Specify). 4. Motion to Recommend Denial based on lack of consistency with adopted plans or determination that the change would not be reasonable or is not in the public interest. BECAUSE THIS IS A CONDITIONAL USE DISTRICT, STAFF HAS THE FOLLOWING PRELIMINARY FINDINGS OF FACT FOR THE COMPANION SPECIAL USE PERMIT: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. Public utilities are available to the site. B. Fire Service is provided by the Myrtle Grove Fire Department. C. The property is partially located in a flood hazard area and is influenced by the Motts Creek floodway. D. Stormwater control is subject to the requirements of the County's stormwater ordinance and is proposed to be accommodated in ponds at various locations around the site. E. A traffic impact analysis was not prepared for this proposal because the additional units are anticipated to generate less than the threshold . An additional seventy-seven (77) peak hour trips were calculated. F. The existing mobile home park maintains 191 spaces or density of about 7 units per acre. The request will result in density of 10.4 units per acre. G. Access to the site is from Carolina Beach Road. One of the existing two driveways will be closed. Secondary access to replace the driveway being closed will be made by interconnectivity to the Normandy Drive stub for Phase II of the project. H. The project is located in the Motts Creek drainage area. Motts Creek is classified as C; Sw. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The 27.6 acre site is currently a mobile home park with zoning split between R- 10and R-15 . This request is made concurrent with conditional rezoning to CD(R- l o) for 288 condominium units. B. Under the current split R-10 and R-15 zoning, the maximum residential density permitted by right for this property would be 83 units. C. Conditional zoning districts are designed for firm development proposals and not for tentative development. D. Parking is proposed at 644 spaces, which includes two (2) spaces per apartment unit and an additional 18 spaces, plus 50 spaces for the clubhouse area. E. Information on the proposal was shared by the applicant with surrounding property owners at a meeting on April 16, 2009. F. Buffers on the site plan are consistent with Sec. 67-4(4) and the Conservation Overlay District. G. Open space is proposed at about 6.5 acres or 23.8%, which exceeds the minimum requirement of 20%. Z-894 (5/09) Page 3 of 5 Board of Commissioners Meeting ntim~ ~~nna 12-5-3 H. Improved recreational space meets the minimum requirement of 15%. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted that this project will decrease property values of adjacent parcels. B. Surrounding property includes a mobile home park, single family residential and commercial development. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Update of the Joint LAMA Plan encourages higher density development to be located in urban areas where public services are already in place. The Conservation class applies to areas within the 100 year flood plain. The purpose of the class is to provide for effective long-term management and protection of significant, limited, or irreplaceable natural resources while also protecting the rights of the property owner. B. The location is in an area recently approved for annexation by the City of Wilmington. The effective date of the annexation action is 2010. STAFF COMMENTS: City Planning was provided information on the proj ect but no substantive comments have been received. Staff is unsure of the ultimate effectiveness of a County approval of the project once the annexation becomes effective. However, the annexation will not take effect until mid-2010, so resolving the question for the applicant is not inappropriate. Staff has approached this review and analysis with the same care and concern for acting in the public interest as we do with all projects. Staff subports the Planning Board recommendation for additional condition that the street connection for secondary access will be completed prior to Certificates of Occupancy on the 108 units in Phase II. Connection to Normandy Drive will require easements and environmental permits in order to cross the floodway, but secondary access is important to accommodate this requested number of units. ACTION # 2 NEEDED: (Choose one) 1. Motion to Recommend Approval (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Recommend Denial based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or Z-894 (5/09) Page 4 of 5 Board of Commissioners Meeting ntim~ ~~nna 12-5-4 determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. Z-894 (5/09) Page 5 of 5 Board of Commissioners Meeting ntim~ ~~nna 12-5-5 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 1, 2009 REGULAR ITEM: 13 DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe and Jane Daughtridge CONTACT(S): Chris O'Keefe and Jane Daughtridge SUBJECT: NOTE: ITEM WITHDRAWN BY THE PETITIONER Public Hearing Special Use Permit (5-589-4/09) -Request by Jerry R. Robbins for a Special Use Permit to Allow a 288-Unit High Density Residential Development on 45.5 Acres at 1300 N. Kerr Avenue BRIEF SUMMARY: The site is in an R-10 Residential zoning district and is classified as Urban and Conservation on the 2006 CAMA Land Classification Map. At its April 2, 2009 meeting, the Planning Board voted 4-3 to recommend approval of this project with conditions as follows: (1) Amend the site plan to show full street connection to the Cheryl Lane street stub, and provide written confirmation that additional right-of-way acquisition is not possible to make full connection to Dean Drive because the property owner will not sell enough additional land for dedicated right-of-way. (2) Buffers in accordance with the ordinance must be shown on the site plan. (3) A letter of approval from the MPO/DOT for the appropriate Traffic Impact Analysis (TIA) needs to be provided. Six people spoke in opposition to the proposal: One from Churchill Estates, two from Springview subdivision and two from Alandale subdivision, as well as the Cape Fear River Keeper. Adjoining residents expressed concerns for traffic impacts in their existing neighborhoods; concerns for worsening of existing drainage problems near N. Kerr Avenue between Grathwol and Alandale; and concerns that a high density project would not be harmonious with the adjacent single-family neighborhoods. Ten written comments in opposition were also received from the Springview neighborhood and one written comment was received from Churchill Estates. This item was delayed from the May Commissioners' agenda in order to allow the applicant time to address the issues raised by the Planning Board. The site plan has been amended. The letter relating to connection to Dean Drive is no longer necessary since an access to Dean Drive is possible without purchasing additional property. Also, the addendum to the Traffic Impact Analysis has not been received at this time, so no approval letter is available from the MPO/DOT. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: (Choose one) 1. Motion to Approve (with or without conditions). 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific findings in any of the four categories listed in the Findings of Fact, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. PLEASE ARTICULATE YOUR NEGATIVE FINDINGS IF YOU DENY THE PROPOSAL. Board of Commissioners Meeting ntim~ ~~nna 13-0 ATTACHMENTS: 5-589 Petition Summary 5-589 Adjacent Property Map Opposition letter 5-589 Opposition letters 5-589 Site Plan 5-589 Applicant Materials 5-589 Findings of Fact COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: No action -item was withdrawn by the petitioner. Board of Commissioners Meeting ntim~ ~~nna 13-0 Case: 5-589, 4/09 High Density Residential Petition Summary Data Owner/Petitioner: Jerry R. Robbins Existing Land Use: Mobile Home park Zonin . History Area 9A -July 1, 1072 Land Classification: Urban and Conservation Small Area Plan: None Water Type: Public requested Sewer T~ Public Requested Recreation Area: Ogden Park Access & Traffiic Volume: New street from N. Kerr Avenue, a minor arterial roadway with 2007 LOS = F. Average Daily Traffic 2005 =15,843 compared to 2008 =16,154 or about +3% Fire District: Wrightsboro VFD Watershed & Water Quality Classification: Smith Creek C; Sw; 303d impaired Aquifer Rechar e Area: Principal or secondary recharge area for Castle Hayne and Pee Dee aquifer where occurring near land surface under water table conditions. Conservation/Historic/Archaeological Resources: Special Hazard Flood Zone; Swamp Forest Soils: Primarily Do-Dorovan Class IV in the southern portion; Remainder dominated by Wr-Wrightsboro fine sand Class II; Cr-Craven fine sandy loam, Class III; Se-Seagate fine sand, Class II; Jo-Johnston Class IV Septic Suitability Unsuitable in Class IV to Moderate limitations in Class II. 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I~~rr•in~ h~lrric:tte r~~cr4~d ~ ~9~~~ 4~~~~ich i tr~~der~tartd 1~rotrg~rt us t~~~ ~n~~~r ~~~r:~ci. ~-isin~ ~~~a~ar ~~rt~~•~~~ ~~~~r• rf ~t~rc~~d ~a~~a~r.~ w~=t~ f~t~ a~~d ~i~r~ ~t~~~~~~ i~~~~~~s), TI~~ p~~c~r lad~° ~i~~~ d~~jr loci a ~c~~~ o~• ~u c~~`~~'~i~~r t~~~°c~uiturit ~~r I~~rrrse. l~f~ irt~c~r tint tlris eras the e~e~tiu~~ ~~d ~v~~ are 4~~i11~~rg tc~ <1~~~~)t th~.s sc~~~ayio~ ~h~t ~t~~ b~~~~~ t~~e o~~i~} c~a~~~~.~~ir~ ~l.ac~~~ ~~~~r~r~~ q~ar' t'~~~11r~. ~~rrin~, p~r~~~c~~ ~~~'°a~or~r~t~r I~~a~~~. rait~ t~t~ ~~~at~r ~atr~~s up tc~ ~h sir ~~,~~~~y I~~1~~ i~r a~rr ba~~-Ra~•d. ~'~1~~~~. t~~~ a~~d uitlyf ~!?tr~~''~~~~ c~tlr' st~bdi~•isi~~~ i~ ~~c~~d~~ ~y s~~c1~ rai~~~ an~~ I?~~~~r~~~s i~np~sa~i~x tc~ ~~~~s. ~~t~~~t~h~~~ ~h~~t~ ~~~d~~~~~ ofthc~~ ~itk~ation~. ~•~i~~ ~~~zr~~rs~tiuns ~~~it~t ~~~~~~~i rti~~th~~~• 1i~~e~~ i~~ ~~la1~d~.~~ iur r~~an~~~ st~~~rr~ ~~-ar~r ir~~l~ rosy ~~ul`i~~aiy~ ~f~er carr~ir~r~ti~~rx ~~~r~tir~ latrtla~~~ f~ixr p~~•I~~~a~~ ~~3ii~~~r h~~rd~~~~°s ~~ri~~,~ ~~~~~~~It,~crst ~t~~rtl~~ast a~' n ~1ar~4~ ~•~i~~r~nts of ,~,I~~d~ri~ ~~~~~~~rir~d a~~ut ti~~ i~~~~~:t tyre prup~sed ~~i~l~ ~~~~~sit~~ ~~~~~~l~~pr~r~r~1. ~r~~~~z ~~~7 I~~nciale ~~~it~x ~•~~~~d t~~ ~~uc~ciir~~, aid cc~itlr ~•a~•~~ t~u tr•~~i~ ~~~r :'~s ii~~~~ti~~~~~ci, . l~t~d~~i~ It~~~ tr irr~l~~, ntr~e;~it ~~~~tu I~~~rr ~t i~ ~~I~'~c`~t~t~ Yc:~•~~ ~li~'~~~ra~t, t u~rt c~11tu ~r:~ d~t~~i~rg "rr~~lt i~orr~~~~F ~d~ii~r~~, ?~lt)± ~~~~it~ ~~a~~h ~~~~~~•s b~t~~~et~ ~~an~~1~} a~~~~ tl~~ ~•~tl~44+~1 ~~abd~~~isiar~ ~~riii r~~a~e it near ir~tp~~~~ib~~, ~rrr~ • i ~~ix~~r4l15. f ~r~~~~~ t.~~r P~a~~r1i~~~ ~oa~~d ~x~~#~~ti~~~~ ~~pr~f ie~~•~~~d tl~~.t ~~r~~ It~~ ~•~t~d k~~~~~~~° star~~~~rd ~~~r art I~~~t t~~~ ~~t t~~x~ ~~~~rs i I~~f~l c~~ s~~i~ i~ ~~~a~ i? ~~d the ~4-t~~ T'h~ I'~s~i~~~ir~.~ ~Ji~~~~t~~• ~t~~t+~d ~I~~t huti~ ~r~ei p ~or~si~l~~~d i~~~d~c~~,<~t~ ~r~~i ti~~t is t~~~ i~~~~~s~ ~~~e~rt~i~i~ iewl~l ~~r~~i~, o ~ru~~~ i~ it. ~a: i.f" c~n~~ F ~a~ii'ot`t~~~ ~*~si€~~at traf~i~ earr I~ r•~r~~t~~i ~}i~t t~~~ e~E~t side ut't1~e de~'~lc~pnt~~~~. thErt ~ 1~i~h dr+}~~sit~, ~i~~~~e~ryl~~r~~~~~t ~a~ 1?~ ~p~~rc~~~ed a~ t#~i~ lo~~t~~~r~'' --~`I~is ~~~a~ 1~~C!'~~~ti`~~fl ~~~~o~~tr~~~~~~~~~! ~ur• p~s~a~~:~ tt> tl~ C"~~~~~n~i~~i~•~~te~~ k~~? t~~r: Plr~~~n~rr~ ~~arc~. ~~t - ; this ~~~ril ~~~ct~rr~ ~i1:i~~E~s ~~c~~ agaitz~t. ~~r~ lf~, ~n~ the o~t~~~~ sp~~~~sper~a~ts i~~ ~i~~~~~~' iG`~~'~ ~`~~~res~xr~tati~es of t~~~ de~~~~~pc:r•. ~~~~~rN~rrtatk►~~} ~zi~~~a~~~ ~~~~~r i~°er ~'~j'atch ~pu~~ ~t~r~~~~gi~~ a~~i~~~.t tl~i ~le~~eln~tt~r~~ d~~ t€~ ~~~a~i~r~~ i~t~~~a~t it ~~~r~d ~t~~`~ tl~~ a~r•~~~d}~ ~~~~~~~rre 4~et~ar~d~ ~t t~~,:1€~~-atiurr, i~~~ll~~, i~ is ~~i~l nc~~~;~~ that tote ~'ilxr~i~~~t~rt r~~ts~l d~~~~~li~a~ mar~Cet ~ sax~t~d. Tt~re is rt~~ d~x~anci ~~~r ~~~~it a ~~~~~~I~~~~~x~t i~~ t~~is ~~~c~ ~~~~I~ t~~~r~: is ~~c~ ~rrad~~~~~ i~~ r~a~i~~ s~~ecia! ~x~~ptic~~~s r~~ ~~llc~~~~~ ~~rc~r°~ i tip lau~lt. 5 r i a' s ~ y ~ s I. rho ~~rupc~s~d ~ti~1~ ~~~*rts~t~° d~~?~up~~~~nt ~ ~ ~~~~r~~~ ~t~~t "~~t lta~~~t~~~~~r ~~,.tt~~ tl~~ ar~~ ~e~~~ired. ~~r~ ~•~~lau~~f~~ll~ ~~~t~~st t~ra~~ t~ i~,,~~9 ~~~~~ic~Y ~~k` ~t i~ rout ~~~~i~;d, ~~~u~s~ t~~~~ upp~rt~u~~it~• t~~ ~~t~~~~ ~nd~l~endc~~rt te~hra~c€~i ~•~s~~i~}~~~ ~~~r~u~:rte~i ~~t~ ~t~r~~•z~~ ~-~~~~t~: r ~~I~~t ~~Ild t~~~ r~~~1d d~taii~d d~~igx~~ '~'f~~t~tk, f~~~~ takir~~ tits ti~~~u tt~ ~~t~i~~~r ~~~t~t~t 3 ~:}~~r~ ~~~lih~• .tr~~ ~~~t~~ ~Y G r 4 Y ~ T fi' /i `l1 ~ Y 4 iSS II ~ k u a}'.i v ~ ~ E~. S Lit a . . U:.:" ti ~1'! , sa tin...: . 'e r w r F M.:~. I~ # it tii'.i~.& s~ ~ ,l~s ~ ` a ~ a { ~ - F M I. ti 'yw s 3 Board of Commissioners Meeting °t~, ' ~ ntim~ ~~nna 13-4-1 ~ ~ ~ ~ i i t E; ` W.e~ P~u~ . , ' E W i~'f „ ~ , ~ h ~ _ s ppyy `y+~r r~~{ /~+y, g{~4 i ~ ~ y~° N ~ NN o~i s N" w~ e Y ~ r 1 i A aY p. S~v. k, w r i a ~ w ' Y ~ u ~ ~ 7 ~ {J ~~G.flt~~.4~~ ~~~~~li►r, `.Y 6~OI.~.,. p➢u~~. ~,h~ul, ~~,°I y~~ l~f,~~0~~~~ A•h17~"u ~ tl~~r--1 ~.n ~^~L' ~ `'YNL ~tl I I.~1. ~ 1111 J e tl i . ~g ~ . o P ~ . ~ ~ ~ d ^.~V ' Pw u ~ ` v~ . ~i < ~`ql. t ~ ~ - I ~ ' ~ J 'a' d ~ i ~ i r W i ~ ~ •N l ~ i r. i "i~ i i l l i I fi~rr!! F['1 NJNJ tl + I~` W LYI~rI~i,~~..~,a~l~; ~~rY!'~~~°L,9 ~4~G°.'':~ii9s ~~.'i: f. °,°V . Y { f Tr ll ^ ~ I ~ ~ u ~ _ ~M ail L'~I II.. ~ ~ 9 ~ I - `I ~ ..J ~ ~ I L ~ ~ t w ~ t y ~ 4 I ~ ~ . ~I i ➢ I I~ 1 ` l ' tll ~ ` F;, ~ a ~ f ~ ~ ~ f 6 r ! ~ i. i [ h~ ~ t f~ I ~ ! III it ~ ~ ~ ~ ~ i Y~ - N ~ , 1 . I t t. ~ t'. ~ . 1 M ~ J.r ♦ r I 4 ~ ~~.I~~ i 4 I i E I lay ~ 9i ,a n. ,A ~ ~ W ~ ~ ~ ~ 10 ~ r f,, ! ;y 4 '~'1 r ~ i . 4 b, :fir.. r F_ ~ S ~.3~~ N, ~rail~~ er~~~~n~~ ~~o~~~n~ ~o~} ~~ai~ P~~~C En~~~ce 1111. E Board of Commissioners Meeting ntim~ ~~nna 13-4-2 Da~ughtr~dge~ Jane From: Randy Carlson [randywcarlson~yahoo.com] dent: Tuesday, March 1, ~~Q~ ~ ~ :21 A To: Daughtridge, Jane subject; Appiicatian for special use permit To: New Hanauer County Planning Board Re: Application for Special Use Permit -S9W41~ hand Cypress Apartment Cample~~ I do not think that this high density apartment complex is in hat~nony with the surrounding neighborhoods nor with the environmental impact it would have on tk~e surrounding wetlands. It does not fit in and I would prefer that the special use permit far High Density would not be approved. Thiswould ensure less impact an the surrounding neighborhoods has the highest density of the apartment buildings are directly across the property line of spring View. I~owever, if this development must be approved, then the fallowing two conditions must be included ar else the apartments will have detrimental effects on spring View neighborhood property values, quality of life, increased traffic, etc}; 1. There needs to be an ode uate banner betwee~a spring View and the 3 buildings in a row ~7 units- the greatest concentrations that back up to spring View neihhorhaad. Adequate harriers should include ail of the fallowwing: burins, fencing, and talllthick non~deciuous trees that ill combine to control noise and line of sight. 2, Provisions be put in pace now to not allow a con~.ecting road to Spring view or Churchill Estates as this wi11 severely affect Spring View neighborhood in negative way. Spring View would become the preferred route for traffic based upon its closer proximity to College Road, Route 4~, and 1Vlarket treet~ Road Connectivity to spring View from xrand Cypress Apartments is not in the best interest of Spring View as the traffic through this road will mast likely be heavily weighted towaards incorriing traff c to spring View as there is no advantage for spring View residents to use this avenue. Concerned Residents, . Y.. n Mil tl. ?~l~:49d234ec11989~~~~71~~~0! Board of Commissioners Meeting ntim~ ~~nna 13-4-4 Da~~htridge, Jane ~ From: Bill Turner [vu~vnk~ec.rr,cor~] ent~ Tuesday, N~arch 3~ , 2Da9 ~ ~ :17 A~1 To: Deughtridge, Jane subject: -5~9~4~a New Hanover bounty Planning hoard Re: Application far Special Use Permit 5-X89-41a Grand cypress Apartment complex} I do not think that this high density apartment complex is in harmony with the surrounding neighborhoods nor with the environmental impact it v~ould have an the sr~rrour~ding wetlands. It does not t in and I v~ould prefer that the special use permit far High Density urould not be approved. This v~ould ensure less impact on the surrounding neighborhoods has the highest density afthe apartment buildings are directly across the property Tine of Spring View}, Ha~vever, if this develapment must be approved, them the follov~in t~vo conditions must be included ar else the apartments i11 have detrimental effects on Spring View neighborhood property values quality of life, increased traffic, etc}; I .There needs to be an ode uate ba~ier between Spring View and the buildings in a row ~7~ units-the greatest concentration} that back up to Spring Viev~ neighborhood, Adequate barriers should include all of the following: harms, fencing, and talllthicknon-deciduous trees that ~vil1 combine to control raise and line of sight. 2. Provisions be put in place nom to not alla~v a connecting road to Spring View or Churchill Estates as this mill severely affect Spring View neighborhood in a negative ~vay. Spring View would become the preferred route for traffic based upon its closer proximity to allege Road, Route 40, and Market Street. Road connectivity to Spring View from Grand cypress Apartments is rat in the hest interest of Spring Viev~ as the traffic through this road mill rriost likely be heavily Freighted towards incoming traffic to Spring View as there is na advantage for Spring View residents to use this avenue. ~ancerned Residents, NAME ADDRESS I, L. Turner 4~~ Spring View Dr. ~SIG;49d~34~72~5~~3~~SG38! Board of Commissioners Meeting ntim~ ~~nna 13-4-5 r ~ ~ ~ ~ r ~ ~r1' ~r f, F r . ~ ~ , F ~ l ~ + h /rfy _~!T 1 f 1 2 ~ ~ f ~ r~ a ~ i ff'' i ~ V+ # ~ r' r r ~ F ~ n r / ~ ! ~ ~ ~ j r 7Y' e ~ r i.~` + r • ; f J ' y Y ~ C r ~ ; ~ ~ r ~ . ~ ~ I} i 1 / ~ ~ 9 ~ L ~ ~ ~ ~ / 1 /f ~ r ' ~ ~ t - i'~~ r t i •R , ~ Board of Commissioners Meeting ntim~ ~~nna 13-4-6 f~ 1 ' L ' ! . • t ' ~C~~~ t } ! ~ ;r ~ ~ ~c ,f~ ~ ~ 1 ~ t f , : w r ~ r Mr. & ~lrs. Harold W~ D~~ach 409 Da~~ ~r• INilmingtan, NC X8405 ~ s ~ Board of Commissioners Meeting ntim~ ~~nna 13-4-7 Pad 1 Vl~il~ia~ns, J~rn~ From; webmaster~grandcypresapartments~cam Sent: Tuesday, March 31, 2089 x:58 AM To: Vl~illiams, James; Richard Collier; Melissa Johnson; Sandra pier; Andrew Heath; Sue Hayes; tCenneth Wrangle ~c: Beau Holly; svneighborhoodyahaa.cam Su~~ect: ~F1~IID: Cancerns Re:Special Use Permit SM~S9~41~9 brand Cypress Apartment Complex}] Importance; High Please note the attach concerns from a resident in the spring View subdivision regarding the April 2nd upcoming proposed development of 288 apartments on the property of Mr. ferry Robbins The property is currently used as claw-density trailer park, For more information, visit our website at wwuv~~randcypressa,partments.~on~. original I~esage ub~ect~ Concerns ~e:peciel Use Permit -~~8~4~09 trend Cypress Apartment Complex} Frain: "Beau & Hally'~ v~rgsdC~e~.rr.corn Date: Nlon, March ~0, 2449 S ~ 05 pm To: vuebmastergrandcypressap~rtments~cam Cc: svneighborhvodyahoo~com To: New Hanauer County Panning Baard Re: Application far Special Use Permit -589-4149 brand Cypress Apartment Complex} da not think that this high density apartment complex i in harmony with the surrounding neighbarhaads. It does not fit in and I would prefer that it would not be approved or is reduced in capcity to reduce the impact an the surrounding neighborhoods has the highest density of the apartment buildings are directly across the property line of Spring View}, However, if this development must be approved, then the following two conditions must be included or else the apartments will have detrimental effects on Spring View neighborhood ~praperty valuest quality of life, etc}. ~ .There needs to be ode uate barrier between Spring View and the ~ buildings in a row ~~2 units, the greatest concentratian~ that back up to Spring View neighbarhaod. Adequate barriers should include all of the following: burins, fencing, and talllthick non-decidious trees that will combine to cantral noise and line of sight. 2. Provisions be put in place now to not allow a connecting rand to Spring View ar Churchill Estates as this wil[ severely affect Spring View neighborhood in a negative way, Spring View would beco~e the preferred route far traffic based upon its closer proxirr~ity to Ca1lege Road, Route 44, and Market Street, Road Connectivity to Spring View from brand Cypress Apartments is not in the best interest of Spring View as the trafl:ic through this road will most I~kely be heavily weighted towards ~ncaming traffic to Spring View as there is na advantage far Spring View residents to use this avenue. Concerned Residents f Beau and Holly lllloodling ~ o 4502 Spring View Drive Board of Commissioners Meeting ntim~ ~~nna 4/212009 13 - 4 - 8 Pat ~ of 2 I~Villi~m, James . ~ .r . ~r ~.W ...Y.~~. ~.w_..rv_...~ Y www~w ..M,..,N...,~.,...,..~.....~,w~.....~,~,~,~,w~..,~,~,w,~,..~.....,~.~.w.._.~,~,~,~,~v„~.4 ~.,4,H,. ,~,~~wu,~~u~~4..~w~....m~..... From: Iishdudsa msn.cam Sent: Tuesday, March 1, X009 ~ :0~ PM To: Vvilliamst James; rcolliera mckimcreed.cam; melissa agattlaw.netr sandra.spiers arbc,corn; heath ajohnrmcadams.cam; suehayes~ aec.rr.cam; kwrangelia wrangellhames.con~ ubjec~:1=VIA: ~rapased brand cypress Apartments I apologize far re-sending, but spell-check avas not run prior to sending the original and there were errors. I think mast are now corrected, Please accept this corrected version as my request for consideratian~ Frain, fishdudsrnsn,cam Ta: jay,williamsC~ctt~carr~; rcollierrnckirncreed.cam; meiissagattlaw.net; sandra.spierrbc.cam; heathjahnrmcadarns~com; uehaye~ec.rr,cam; kwrangellwrangellhames,carn; trabertswellcarehealth,com subject; Proposed brand Cypress Apartments date; Tue, 31 Mar 2009 1~.4~:24 -0480 I am avriting to express my concern regarding the request for special Use far the development of Grand Cypress Apts. This issue is to be addressed an the Thursday, April X009 agenda, I am asking t>~at the planning board consider the needs of the community in avhat has been historically a '"developer friendly" planning and zoning process. The property is currently zoned far X50 units. This zoning avas well thought out and avith consideration of the adjacent flood zone, environmental impact of develapment~ economic impact of adjacent neighborhoods and quality of life, A special Use should be required to demonstrate the need i important to the community and without avhich the community would suffer; and demonstrate an "Innovative development" that enhances aesthetics and r~inirnizes adverse environmental impacts of the built environment. A Special use does not seem to apply if the developer would like to add more people per acre far financial gain. This special use permit request that will be considered Thursday is to "up" the number of allaavable units to X88, Based on less than full occupancy of bath single family homes and apartments~candas in a 3 mile radius, the increase in units does not benefit the corr~r~unity far harm the community of we don't have it the increase}. Additionally, the entrance of the property, which is noav a trailer park, is within a flood zone. I am sure if you check the NC~~Tr their retards will show that that area of Kerr already floods in a gaol rain or tropical system. It has to be closed on occaisian due to the volume of avatar. The plan requests the development rand be moved to within X50 feet of Crathwal and Kerr. Moving this road will create negative impact to the flood zone and existing run-off, Plus st splits a marsh and drainage area already there Testing of Smith Creek at this juncture has already produced 3 results out of State range far water quality. Any n~avement of road and creation of turnlanes ar new entrances avill negatively impact the water quality I knaav the planning board has worked hard to preserve ar ir~prave~ Mare importantly, the adjoining neighborhoods have already endured the addition or a large apartment complex several years ago avithaut road irnpravements ar increased road access. The ~ adjoining neighborhoods have a grand total of 3 exits. at rathwal and Kerr Avenue and ~ in Springvieav, ALL_THREF_intersectiansore rated an F by the NCD~T. The Special use request includes adding ].~3 aver the currently zoned unitsr 1~0 units avill create serious and detrimental value to quality of life, safe roads and traffic taunt. X88 units and their respective traffic would be unbearable, regardless of how they access the 3 exits. Short of a major overhaul of Kerr Avenue at rathavol, including replacing both bridges and the addition of turn-lanes and a traffic signal, the traffic from this prapoed complex will be forced like the rest of us to access College Road through Board of Commissioners Meeting ntim~ ~~nna 13-4-9 4/2/2009 Rage 2 of 2 pringvie~v~ I invite anyone to drive through there any time of day and see the excessive number of cars including non residents, fihat cut through using rathwolJNa~and to pringview, ~VVilmington hrisfiian Academy feeds a great number of cars through the neighborhoods.} The addition of the Apartment complex a few years ago and subsequent cars it brought with it, has made it very difficult to turn onto ~rathwol at all or to exit onto Kerr. I fioo have to go dawn rathwol~~laland to pringview and I live on Sheryl Lane currently I am not alone, but have no choice due to the backup and unsafe turning car~ditians at rathwol and Kerr. I feel 150 is the max density that should be allowed on the property in quesfiion. There are many children in bath Churchill Estates and pringview, They are already (arced off rafihwol and Sheryl Lanes to ride bikes due to existing high traffic, we have na sidewalks or road shoulders. children need to be active and we have invested i n I iving i n this neig hborhoad because it was not a h ig h traffic area and would provide far active lifestyle, Property value of a home adjoining ~ major apartment complexes is lower than a borne with one ar none. Also, property value of a name on a high traffic street with limited egress is laver, when you can't even have an open hawse due to traffic not being able to get in or out of the neighborhood, sales will suffers The increase fio ~8S is a negative irr~pact to property value of our adjoining neighbarhaodsa we~ cannot change that it is zoned to 15D, but we can ask the special Use be declined based an ifi not being a community imminent need aplenty of opts and condos wifihin 3- miles that are unoocupied}; negative impact on adjoining property, not consistent with adjoining single family neighborhoods; and increased risk of significant public expense Adding 150 units will burden the neighborhood to fihe brink since the farmer apartment complex was added without imprvver~ent or traffic planning but X88 will create future significant public expense fio correct traffic flows, road access and rand upgrades. interscetians already rated an F with additional traffic flow will cause need far roadway re-engineering. This represents a significant taxpayer expense in an already difficult time far roadway projects and budgets, To correct fihe Kerr Avenue and rafihwol intersectin, taxpayers would have to support re-aligning roads in a flaodzane and replacing bath bridges. If you leave the current taming at 150 and your elect to provide alternate site access, I ask that you consider that Churchill Estates is already having to flaw out to allege Road through pringview sa a secondary access through Churchill Estates does not provide adequate egress, only a longer work around. rathwolJNaland already floods beyond egress too sa you would have bath Churchill Estates and the proposed new Apts stuck in between two flooded areas, If you desire to have alternate access far the proposed apartments, direct access to pringview is your only option. Deliberafiely placing both Churchill Estates and fihe proposed apartrr~ents traffic into the funnel of ~rathwal and Noland which da (load} is irresponsible, Please vote against the special Use Permit and leave the zoning in this property as it is, Please consider the needs of the people in an already deciining real estate market, we invested in our homes ar~d ask you support our communities, the children that play in there and the residents of the county that will foot the roadway re-engineering that would surely occur based on the zoning change. Traci Roberts 704 Cheryl Lane resident since 1989 and mother of ~ young children who like fia ride bikes Board of Commissioners Meeting ntim~ ~~nna 13-4-10 41212ao9 Page o~Z 111lilli~rn, ,~arn~ From: ~Illike smith [~nik~ arnik~smithphoto.cam] er~~: Tuesday, Larch 3~, X409 2:~9 PIS To: 111lilliams, ~ar~~s subject: Planning Beard Haring Aprii 5:30 Hello, z'm a resident of spring 1liew Estates. I have concerns of the proposed special Use Permit allowing Redtail Properties LLB to build a High Density Apartment complex for the property off Kerr Avenue owned by Mr. ferry Robbins. I share the same view nny other neighbors which are stated below but I also really have concerns for the surrounding wetlands and smith reekR ~'n~ not an environmental expert but I' onoerned with the impact that ugh development would have on n~lth creek. The actual construction of the high density apartment complex would have a negative impact on the envlronrnent no natter what precautions are takenr I'm concerned with the problems that core along with the increase of population from a high density development, the litter, increased auto and foot traffic, flooding, pesticides, fertilizers, the continuing decline of water and habitat quality of smith reek The increase in traffic would not only come from the people living in the high density complex but people cutting through when an accident occurs on college and MLK Ave. or Kerr and M LK Ave which is often. I rea l ixe the developers a re stating that the entry points off of Dean Drive and Sheryl Lane are stabilised but for how long? once it's approved there will be no stopping it opening for thru traffic one day. Uvith this small piece of property being surrounded by the wetlands and r~ith creek I personally feel that approving the special Use Permit for a High Density Apartments could not be in line with the county's efforts on trying to restore the r~ith creek Vvatershd. Please do not allow the special use permit for a High Density Apartment brand ypre~s Apartments} during the April , 5~o meeting. Thank you for your time, Mike smith I share the same feeling stated below frorr~ another letter from a neighbor, I do not think that this high density apartment complex is in harmony with the surrounding neighborhoods nor with the environmental impact it would have on the surrounding wetlands. It does not fit in and I would prefer that the special use permit for High Density would not be approved This would ensure less impact Board of Commissioners Meeting ntim~ ~~nna 13 -4-11 4/2/2009 I'~ge ~ of ~ on the surrounding neighborhoods the highest density of the apartment buildings are directly across the property line of Spring Vies}. F~o~rever, if this development rust be approved, then the fol~o~ving tvuo conditions rr~ust be included or else the apartments v~ill have detrimental effects on Spring viev~r neighborhood property values, ~uallty of life, increased traffic, etch: There needs to bean ode uato barrier betv~een pring vies and the ~ buildings in a roar units- the greatest concentration} that bacl~ up to Spring vier neighborhood. Adequate barriers should include all of the follving ~ harms, fencing, and tall thick non deciduous trees that v~rill combine to control noise and line of sight. Provisions be put In place nova to not allover ~ connecting road to Spring vier or Churchill estates as this rill overely affect Spring viev~r neighborhood in a negative uvay, Spring view vuould become the preferred route for traffic based upon lts closer proximity to college Road, Route 40, and Market Street. Road connectivity to Spring vievtir from Grand cypress Apartments is not in the best interest of pri ng vier as the traffic through this road vii I I nnost likely be heavily reighted tvvvards incoming traffic t~ Spring vier as there is no advantage for Spring vievu residents to use this avenue, concerned spring viev~r Residents, Mike and Sharon Smith Board of Commissioners Meeting ntim~ ~~nna 13-4-12 4/2/2009 Page ~ oi'~ I~~llir~tS, Jarn~S From; graham, Diana ~E infra, Energy} C~iana~grahamge.com] Sent: l~lednesday, April a~, ~Og9 ~D:~~ AID To; 111~illiams, Jame C~: Andre~v Heeth ;Kenneth VlJrangell; Melissa Cott Johnson ; Richard Ccllier; Sandra piers ; Sue Hayes ; graham, Diana AGE infra, Enemy}; Chris O'Keefe} Jane Daughtridge; dam Burgess; UVanda Colton Subject: bobbins Praperky special Use Perrr~it Attachments; googleearthimage~ ,jpg 7aa Sheryl Lane wilrriingtan, N ~84~~ April 1, 20a9 Dear r. willxaa~xrs; Zn your capacity a chair of the dew Hanover bounty Planning Board, Thursday evening you wzxl be hearing the pros and cons far a special Use Permit far a highRdensity residential development on . Derr Avenue, brand cypress .Apartmonts. ~ live an heal Lane, adjacent to the prapaed apartment ca.plex. The developer and eni~.eers' current drawings have ane entrancelexit an N. Derr Avenue with access for emergency ~ehidles at two paints in the back of the property, one orr Sheryl Lane in Churchill Estates and ane an Dean Drive in prin. view. The l~C Planning Department has determined that ane entrance is inadequate and has stated that the emergency vehicle entrance on CheryX Lane must also sere as an er~trar~celexit far the co.plex. Please .ew the ht~pllwww.site.g~andcy~essapartn~ents~,~o.l websight, developed by a Churchill Estates resiea~t, for mare infor.ation. I hope you and the other Planning Boar. rrierrrbers will take a marnent to study the traffic pattern and valurne in the Churchill Estates, I~1ns grant extension, and Spring ~zew neighborhoods in advance of Thursday's meeting, ~"or your convenience, I lave attached a C~oogle Earth image of the neighborhoods involved with the Cheryl Lane and Dean Drive routes to l~. College Road labeled. below and as a jp attachment} All afthe traffic access ports far these neighbarh~aods, on I~, .err and I~. College, are already overloaded as demonstrated by their ratings as "P" service level accesses. I don't disagree with the Planning Depaartment's position that ane entrance for Cxrand Cypress Apartments is inadequate. however, I strongly disagree that the second entrance should be an Cheryl Lane rather than the alternative an Dean Drive, There is na advantage to exiting onto Cheryl Lane instead of brand Cypress's main entrance if .e apartment resident's intent is to tern north or south on I~. Derr Avenue. Iftheir intent is to reach ~I. College Road, then the Dean Dr].ve exit mares .ore senseF It is a txaight shat dawn basically one read to reach N. allee~ ~n the other hand, to get to college load frorrr Cheryl Lane is a circuitous route that tapes the driver dawn the le~.gth of Sheryl Lane, then the length of rthwol, u~ Boland Dri~re to the Dings Grant neighborhood and then down more residential streets to reach the various exit points onto College Rand. while na one wants an apartment complex as a next dear neighbor, ~ feelings toward grand Cypress Apartments are ambivalent. It is inevitable that the tract will be developed; the location is toe good, A high-density, upper-end carnplex life the one proposed by Redtail Developers rs preferable to a low- Board ofCommissioners Meeting ntim~ ~~nna 13-4-13 41212009 F~ae2of density, ~o~r-end pray eat. ~ ~vi~l leave that dee~sian to the Planning Baard and the ~e~v Hanover County Planning Department. As I stated above, my greatest conce. ~s that the parties involved v~ill take the easy road, no pun intended, anal make Cheryl Lane the second entrance to Grand Cypress Apartments. ~`he .ore difficult course of action, because ~t 1nvalves the County exercising their right of eminent dorna~n,, but the miser decls~on from a traffic and safety standpa~nt ~s to make Dean Dr1ve the second entrance. Respectfully, Duna Graham Cc. Richard Collier Melissa Cxatt Johnson. Sandra Spiers Andrev~ Heath Sue Hayes Kenneth Wrangell Chris ~'~.eefe Jane Daughtr~de am Burgess panda Gaston Board of Commissioners Meeting ntim~ ~~nna 13-4-14 4/2/2009 Page of3 roogl~ earth .age of tha hurchil~ ~state~, Kings Crrant and Spring die ~.eihbarhoad, with their N. Kerr end ~V. o~~ege ~aad tr~ffie acc~~ paint, and their loct~an re~pecti~e to the Robbins Propexty under consideration for a peeia~ ~Je Permit. w i ~ d, ~ u m 1R fl , , , , N . . " ~ - ~ ti a ~ n`" a y~ P II. ~A p lia o q Rp , ~ s ai - i ei '~i~. 1 w I i p. n~ otl I e ~ N F u .w iii., ~ w V ~ I~ FW M~ ~ ~c ai III w -~4,,.yr,. "°dw~ ve~ ~ ~ ~ ~N _ i lid ~ .o s ` ~~~r~~i q '~`u ~•a. a a m~P 4~ "r. i ~i 6 ~P ~+~,itl i~''~ N~ i ~ I ai r tl l i ; . ..~ya i i ';V ll N '~k u ~ ~ ~ e~ ^wc i' 1 ~ ili u, Y`N 0.,.P ~ e,,, i~wfi y ~ "r ~ 'a... u,9"., ~ i [ ~ ~a i r9 iP~hi , ~ ~ r u. ~ ~fl`+! ~ u ~ rv ~.r~M. "~'v u, i d II N k' e a " i ,v. r ~ i~ u ~ ~ 1 i. ~ u ~ I µ ~ ' @"~~~ ~II~ ip~ "w M, a P~ rc,T.. ~b a m ~ u~ Y I a . m ,.s~ f~ „l~~W l ~J ':A "Y :ii 'L . ~y ~ s ! ror~ i,; ~ ~ ,...,~~.,,~WWw. Y jII ] u W d.~' ~ u I ~V~~~ ix a - j ~y~, b i.. it ny~ u, o- ii YYi I w~i k ry ( u I ^Ri i ~ y ~ ~ I~ ~rcH I i~a ly w ~ m i a. I ~ &i a 1I ~ I ~ u ~ ~,~I iia P ip NP Y ` ~ ' ' Y ~i ~ ~ o i ~ ~ il ~~q ' ~ a ~~uM i I ~ as w~ ~ ~mi a ra i. i ~ ~ , t~ 'f""' uix ~ ~sp:, H ~ I;. ~ a ~ i ~ ~ ~ri,~l~~i ~ ~ Nw ~ i i i a ~F ~ N v r~1~ .i~ a yu~i° Ilc, ~ ~1 ' e n s~~ ~ 11 dui a ~'I h~ ~t ~ d x ~V V d u~fl 6", a ~I „m i ~ W ~ Wa ' r ~R~ ~ u ~ ~ ~ ~ y .Prq I ~ art's e ~ ~ n ~I ~~W + ] ~ ~ ~ J;a Y fl it ~ ^ ~ ~~a ~ H y ~ ~qq~ i t ~ 9i r ~ rya If A ~ p N ips F. ~ flu W9 v=. _,,W ~ ~ i4 ~>.I~ E ~ ~I~ ~ u~°~„ I 1µ~77 0"4 B pq ~ 9 ~1~ ~ m ~ 1 ~k ww Y' i.~ " ~ is u v ai J u h ~ ~ ~ n~ ~`~1 ~ w..u i.- ~ i,~'..it.~~A Y a~`M ~ ~~8u d w: ~P., ~a~~ A~,f~u d °y~ ~ ~I~~, ~ "1 "&u ~ ~ ~ tN ~ ~ ~ pp a w ~ u ~ ~ - a luo nI ~ IY~ h^ iu b l.w.~ o.. ~.~;~i a W ~ i ~ r^'.L ~ ,'~n p~, i. a vo I ~ + i i ¢t ~~u ~ d a' ~a ~h,.f m ~1 sp m e, II ~,I ^ m~~' l N Iqi ~ N Mtl s ° ~ ~ tlW~ i" , Y Ay ~~,y ~ r~ ~ ~ by rw~..~„r ! ~ ¢ , ~ J I P ua ~a r a y +Ai ~u w u" 9 Nil i iN ~ 'y n.wr. ~ d i r.r i ~ ~ ~ I N~ ,,a~ a ="'~...-i ~ r '""'~w~ -~muir~~~n ~ ~ i i i u ~ p~~,~,. ~ i i~ t ~ II Y'~'~. a Ii i~ ~ w~.~ ~ I $ I a R . y ~ i.' ~ .,I i e i~•mpa . x ~1 n R~; d: i F. ~ e~r"~~ ."W ~p ~w, ^ui I r , ~ pti v.., e. yi ~ ~ y P~'~4,~~~ua~~ ' ! ~ M x ~ I t Board of Commissioners Meeting ntim~ ~~nna 13-4-15 x-/2/2009 Dau~ht~id~e, Jane From; John Burnett [ternforpre~a yahoo.com~ end: vlledneday, April D ~ , ~04~ x:59 AM T~: D~ughtridge, Jane ub~e~t: ~ rand ypre~s Apa~tn~ent plan Dear Mrs. Dauhtridge, . I also agree with the statements made in this letter. y Warne is John Burnett, I live within sight of the existing trailer park that would be replaced with the brand cypress Apartments. My wife and I will attend the planning meeting, and hope to meet you. Thank you foryourservice. Sincerely, John Burnett 401 Spring View Drive IIIJilminton, N ~g~ g} lg-1 To: i~ew Hanover bounty Planning Board Re: Application for Special Use Permit 5~~~-409 brand cypress Apartment complex} do not think thatthishigh density apartment complex is in harmony with the surrounding neighborhoods norwiththe environmental impact it would have an the surrounding v`retlands. It does not fit in and I would prefer that the special use permit for High Density would not be approved. This would ensure less impact on the surrounding neighborhoods has the highest densityof the apartment buildings are directly across the property line of Spring View}. Hovuever, if this development rr~ust be approved, then the following two conditions must be included arelse the apartments gill have detrimental effects on Spring Viev~r neighborhood property values quality of lifer increased traffic, etc}: ~ .There needs to bean ade uate barrier between Spring View and the buildings in a row units- thegreatest concentration}that back up to Spring Vieuv neighborhood. Adequate barriers should include all of the follovtiring: harms, fencing, and taillthick Won-deciduous trees that will corrwbine to control noise and line of sight. 2, Provisions be put in place now to not allow connecting road to Spring View orhurchill Bstates as this will severely affect Spring View neighborhood in a negative v~ray. Spring View would become the preferred route for traffic based upon its Glaser proximity tv college Road, Route 40, and Market Street. Road connectivity to Spring View from brand cypress Apartments is not in the best interest of Spring View a the traffic through this road will most likely be heavily weighted towards incoming traffic to Spring View as there is no advantage for Spring View residents to use this avenue, BSI ~:49~3734011989 ~~7~580~~21 Board of Commissioners Meeting ntim~~ na 13-4-16 ~au~htri~~e, Jane .mm From: Lawrence rawly [fcrawley4fiSa att.ne~~ end: wedneday, April a~, ~OD9 ~ x:54 AM Tv. Daughtridge, Jane Ralston, Shawn ubjeot: VNO Le~ter,doc To: New Ha~naver bounty Planning Board Re: Application forSpecil lase Permit -~H9-41D9 brand cypress Apartment complex} l do not#hinkthatthis high density apartment complex is in harmonywi#h the surrounding neighborhoods nor with the environr~en#al impact it would have on the surrounding wetlands, It does not fit in and I would prefer that the special use permit for High Density would not be approved. This v~rauld ensure less impact an the surrounding neighborhoods has the highest density of the apartment buildings are directly across the property line of Spring Vievu}. However, if this development must be approved, then the following #wo conditions must be included or else the apartmen# wil! have detrimental effects an Spring View neighborhood property values, quality of life, increased traffic, etc}: ~ .There needs #o be are ode uate barrier between Spring View and the ~ buildings in a row units- the Brea#est concentration} that back up #o Spring View neighborhood. Adequate barriers should include all of the following. berms, fencing, and talllthick non-deciduous trees #hat will corr~bine to control noise and line of sight. Provisions be put in place now to not allow a connecting road to Spring Viev~ror Churchill Esta#es as this will severely affect Spring View neighborhood in a negative way. Spring View would become the preferred route for traffic based upon its closer praxirnity to college Road, Route 40, and Market tree#. Raad Connectivity to Spring 1liew from brand cypress Apartments is not in the best interest of Spring View a the traffic through this road will mast likely be heavily weighted towards incoming traffic to Spring View as there is no advantage for Spring View residents to use this avenue. . The existing plan shows a roadway connection to Spring View on Dean Drive. I am a Retired Volunteer Fireman with years of Service and G Years on the New Hanover bounty Fire ommissian and ~hairn~an in ~Oa~. then a truck i corning from Odgen Station the quickest way to that area would be down Market Street then the LK tv Kerr Ave. route, and not to have sa many turn to encounter in Spring View, I think this proposed connection is not necessary and should be left of the map. Concerned Resident, S. Lawrence Crawley, Jr, 4G18 Spring View Dr. Uvilming#on, N. . 2848 fI:4~d~~0~Z89~~0~75~~825~ Board of Commissioners Meeting ntim~ ~ nna 13-4-17 { r . '_.1 f ! ~ ~ ~ I~ C~ ~ ~ r ~ 1 ` - ~ F S 1 4 `F ~ c ti ~ + r ~ ~r+~ ■ T~ l'. 3 b E ~ ~ ~ ~ ' ~I K r f /J r * `1 / ~ ~ ~ J i J ti 5 J ~ ! ~ ~ ~k v Board of Commissioners Me tm ~ ntim~ ~~nr~ ~ ~ ~ ~~~x~ ~ ~ t,a ki %J/ ki JL 13 - 4 - 1-9" F Board of Commissioners Meeting ntim~ ~~nna 13-6-1 ~ Applications far Special Use Permits bother then for single family dwellings ~ndividuallots} aye first referred to the New Hanover bounty Planning Board for reco~nmendat~on to the bounty aammissioners. The Commissioners make final action on the pez~zt application i~ a quasi judicial pub~~c hearing. Complete petitions and a~1 supplementary information rr~ust be accepted by the Planning Department twenty ~20~ wor~ng days before the Planning Board meeting t~ allow adequate time for processing and advertisement as required by the North Carolina general Statutes. . Planning Board meetings are held on the first Thursday of each n~on~h at S:~~P~ in the Cammissione~"s Assembly Raa~n at the 01d County courthouse, at Third and Princess streets, Wilmington, North Carolina. Applications far single~farnily dwellings, including mabi~e homes, on individual lots must be accepted by the Planning Depar~nent twenty ~~0} working days before the regularly scheduled ammissioners meeting. Applications for sinle,fan~ily dwellings on individual fats do not require planning board review. what you dust establish for A . eeial Use hermit Authority to grant a Special Use Permit is contained in the Zoning ordinance, pursuant to section ~'1. The caning ordinance imposes the following general Requirements an the use requested by the applicant. Under each require~.er~t, the appltcar~t should explain, with reference to attached plans, where applicable, how the proposed use satisfies these requirements: Attach additional pages if necessary} ~e~neral requirement The Board must find "that the use will not materially endanger the publzc health or safety if located where proposed and developed according to the plan as submitted and approved." • The project would be a redevelopment of an existing mobile have park into a multiWfamily rental apartment cor~plex. Existing access drives are sub-standard for any emergency services. unitary sever service is by individual septic systems, and water service is by a private ~nrell system. Proposed improvements would enhance the current health & safety deficiencies by providing regulation width paved access drives, additional emergency access points, public water sewer utilities and stormwater management. • The project has direct frontage along, and access to North Derr Avenue, an Urban lUlinor Arterial roadway. The project will be served by the public sewer water utilities of the gape Fear Public Utility Authority. There are existing mains adjacent to the proposed development tract for connection. The project is in the Fire district. General ~equ~rement The Board must find "that the use meets all required conditions and specifications" of the honing ordinance". • The site plan meets all requirements of the Zoning ordinance for layout, setbacks, parking, pedestrian circulation and la ndscape areas. • The proposed developrr~ent i permitted within the R-1o zoning district by special Use Permit. The prescribed conditions for allowance of "high~density," including access, site capacity, open space & recreation area provisions, utility improvements, and lirnitatians of impervious surface coverage have been met or exceeded. Page 2 of 3 SUP ~~~a~ Board of Commissioners Meeting ntim~ ~~nna 13-6-2 enerall~equirement # Tie Board must find "that the use will not substantially injure the value of ad joining or abutting property or that the use is a public necessity." • The proposed project would be redevelopment of land currently used for an aged mobile borne park. • There i no evidence that there would be an adverse effect an property values of adjoining residences by replacing sub-standard housing, utilities and infra-structure by upgraded oontruction. • Adjacent residential properties, or uses, are protected, and screened, from the development by sufficient setbaoks, landscaping and buffering. ~enerar requirement #4 The Board must find "that the location and character ofthe use if developed accar~ing to the plan as su6~nitted and approved will be to harmony with the area to which it is to ~e located and in general canfQr~nity with the plan of development for New Hanover Jaunty," The site is classified as "Urban", by the LAMA Lard Use Plan. The purpose of the classification is to ident}fy lands on which continued intensive development is appropriate when services are available. • The policies far growth and development encourage safe and afifordable housing to be available to every citizen, Approval of this property far a higher~density of residential development wQUld be consistent with the concept of in-fill where e~cisting utilities and urban services are already available. • ~ncauraging designated areas to transition to higher density residential uses supports the need to supply housing to people of all incomes. These kinds of land use decisions are becoming mare and rr~ore critical to the promotion of New Hanover ouniy the pity of Vvifmington's ecanomicwell-being, The honing ordinance in same instances also iinpases additlanat spec~ic requirements are the use requested by the applicant, The applicant should be prepared to demonstrate that the proposed use would comply with each spec~ic requirement found in section 7~, addi~lanal restrictions in~pased on certa~ special uses has applicable}. Helhe should also demar~strate that the land would be used i~ ~ manner consistent with the puns and palicics of l~ew Hano~e~r bounty. The Board of a~nmissioners may impose additional conditions and restrictions that they deem appropriate prior to the issuing of the pedal ~'se hermit. I certify that this appYication is complete and that all of the information presented in this application is accurate to the best of my lmawledge, lnfarmatinn, and belief. w ignat~~e of ` ' • ' ~rapert~°~~r~wner Authorized Agent four V y ~ Y I ~ Y v'• E ',I ~ ■ Prr~,t Nanl~ Page 3 of SUP D~1~7 Board of Commissioners Meeting ntim~ ~~nna 13-6-3 brand cypress Apartments High-density Development special Use Permit Project Narrative The subject tract of 45.E acres +1--, is currently coned R-~ a and is bordered by N. Kerr Avenue, the Churchill Estates neighborhood, a power line & utility right~afi way, and spring Branch. There are currently up to 3~ mobile homes within the tact. The drives are sub- standard to any emergency access requirements, and utility service is by individual septic systems and a private well system. Permitted development would ~Ilow up to 3.~ units per acre under the performance standards, for a fatal of 15a units, The tract is overlaid by A~4A land classifications including a combination of X5.09 acres "Urban" and ~D.4~ acres "conservation," defined as area located within a FFA special Flood Ha,~ard Area. Only 28.E ~ acres, including ,off acres of floodplain, are included in the proposed development. 17.9 acres will be dedicated far permanent conservation. The purpose of the "Urban"' classification is to provide for continued intensive development and redevelopment of existing urban areas, particularly where urban services are already in place. High-density residential development is encouraged as an acceptable land use, provided that environmental impacts are minimized and adequate open space is provided. Additionally, a project must meet certain prescribed conditions far access, site capacity, utility improvements, and limitations of impervious surface coverage. The proposed design meets or exceeds all of those conditions and also the Ordinance requirements far layout, setbacks, parking facilities, pedestrian circulation and landscape areas. Direct access to the project would be from N. Kerr Avenue, having an urban minor arterial roadway classification, with an alternative connection to a proposed road stub named Nathanial Fame. Two additional access routes will be provided via Dean Drive, in the Spring Vievrr neighborhood, and Sheryl Fame, in the Churchill Estates neighborhood. These accesses exceed the requirements of the North Carolina Fire bode, for multi-family residential developments over 20a dwelling units, for both number of access paints and for remoteness. brand cypress Apartments is a complex v~rith X88 units. The development features a variety of floor plans, exciting amenity packages, and expellent facilities. The premise is to provide a unique living environment of convenience, comfort, and security. The proposed plan includes three ~3} building styles v~rith variety of 3 bedroom units. Buildings are three-story with front entryways from the parking facilities into covered corridors and stairways to provide access to the upper floors. An additional pool and clubhouse would be constructed in the front portion of the site for active recreation. Passive recreation can be provided in the areas around the buildings, and in adjacent wooded areas encompassed by the wetlands. Board of Commissioners Meeting ntim~ ~~nna 13-6-4 A detailed tree survey was completed along with the topographical field survey. There is an abundance of significant trees, bath deciduous and conifer Clearing limits will be restricted as best passible for maximum preservation. Individual trees ~nrithin the construction area have been incorporated into the design, and will be protected during construction. The significant trees that need to be removed far essential site improvements wi I 1 be m itigated by tree planti ngs i n add ition to those regu larly requ i red by the landscape ordinance. A traffic impact analysis has been completed. The overall results indicate that the traffic generated by the proposed development is not expected to have a signif icant impact on the operation of the surrounding intersections However, impraver~ents to extend a turn lane at the intersection of N. Kerr Avenue vtirith N~artin ~.uther King Parkway,, relocation of the existing tract driveway further from the roadway bridge, and a new right turn lane with deceleration taper into the project are recommended to mitigate impacts. All new public water and sanitary sewer services will be prouided from the Cape i=ear Public Utility Authority system. Existing mains are adjacent to the project boundaries and vrrill be extended into the developn~ent.,UVater mains for domestic use and fare protection throughout the project will be looped for adequate pressure, Capacity is available within smith Creek Lift Station for the additional sanitary surer waste flow. F The project is a major development and will disfiurb mare than one acre of land. A New Hanauer County Erosion Control Permit will be required, slang with discharge permits for bath New Hanover County stormwater management, and State water goal ity control. The site is in the Smith Cree~C v4ratershed which then drains into the Cape Fear River. The proposed design is to treat the runoff through stormwater ponds. The net total impervious surfaces are approximately 35.E °1a, much less than the maximum 50°I~ permitted for high- density development in an R 10 zoning district. The Technical Review Committee has recommended tDat low-impact design techniques and materials be used in the site irnpraver~ents; The wetland areas and all of the vegetatiar~ within them will De left undisturbed, and protected by a conservation overlay, Supplemental landscaping, to include streetyard, interior parking area and foundation plantings will enhance the averall aesthetics of the entire development. VI{e bel ieve that the development proposal, site plan and acknowledged conditions combine to satisfy the required findings for approval of the Special Use Permit. The project will upgrade a currently non-conforming residential facility far access, utilities and stormv~rater management, brand Cypress Apartments, if developed to the proposed design and conditions, gill be a quality addition to the Dousing options of the County and a benefit to the community. Board of Commissioners Meeting ntim~ ~~nna 13-6-5 Y ~ a il a ij 'a n a - m~ ~Y ~kk ~ , ~ I 3~ Y `Af n ~k ~ r : I r ~ W. 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I v ~ I 4 r 1` 1 s r' ` ~ ~ u,. 1 Ir F E ~ ~ ~ 1 ~ s m ,a ~ h v x~ M•r ~A+ S"`:u E f ~ JJ i y'ri ~ I ~ ~ I. r v _~r ` _ 1 ~ t a ~+k- al 1 Eu ~ - ~ Imo' ~ ~ F._ t 1 n- i 11 ~ r i I e ~ 1, ~,e '~1'~ ~ ~ 1 ~ I ~ a 1 , 1 1 ' 1 1 1~1'. _ ~ yty f ^ 4, i; ~ 1 .,.1 1 I ay w i I I o 1 ~ ~ I~ tY' F ~ ~ 1 y. - m...:, a - i°. k` 1 r f 6 N ~ 1 + 1` I 6 1 -pry t _ ~ < I5 . ` '9 I ~ I' v s 1 1 1 ~ I v - ~ ' f ~ a _ ar . , 1,~ ~ 8~~1'd Of ~'OClll11~15~1fl11t~1"S ~~'~~'~111~ I k rir!n~ i r~ nna ~ ~ . ~ ~ . ' _ - r ~~U~~1~1"IG~~~~ ~~e e,~ ~ ~ ~ ~ ~ . rtin From: Cindee Rolf [CVIJoIf awithersravenei.comj Sent: Friday, March Z~49 ~ 2:a9 PN1 To; Daughtridge, Jane C~: Aimee Ewell u~ject: Grand Cypress Attachments; GrandCypressMtg,pdf Jane, gust wanted to follow up on the community meeting we had the other evening, A list of the attendees is attached. John Allen, developer, Aimee Ezzell, attorney ~ I were available for questions, As always, traffic concerns on N~ Derr Avenue were voiced, but they acknowledged that since the majority of trips are left turns, and therefore the Grand Cypress vehicles should not have a specific impact vn their turns from Grathwol Drive. - I explained the location, purpose and scope of required bufferyards. ~'he developer described a variety of methods they propose to use for visual screening, including planted berms, taller plantings, fences, and combinations of these. As expected, all were adamantly against through traffic connections into spring View or Churchill dome didn't even like the provision for emergency-only access points, buff I explained the fire code requirements Gur overall take on the temperar~ent was that this was an improvement over the current residential use No one seemed to take issue with any adverse effect to property values. Please do not hesitate to contact me if you have questions or need additional information. ` , L ~ AS'R' ~r ~ 11a~ ~ Y~?,a. Eft I~ ,cPl~ f ~4~~~.".i r r 4 u. ~r~-~'~~k•R. ~1,x •~~`l~~rlE;'~ -"'¢{s~e >tl~~t~~l}s~Al~ rt g i"~ , 1,f ~ , :~l ~ y.s; ,1 1. 1,; ~D a~ .,~w ,r..u i .S, r ° .,t ~ ~ ®MI Sf t:'E;a. ~1'~":.;~..a. }k ,~;,~E Y k~,~ R, .y1 9 , ~~~~t~ 6 ~;~i~,.~ k1 :F ~ i~., .°~.I~c:~'lR L . ~1~ f ~ f.{ ~"T , ~ ~1<.., ~ .4 ~ ,w~:~ .r,,~~ ~r p..} ~i. Ed 11 i 4~ , dd ,f ..gyp E C C R 4 „r. . 3 ~ - y. ~,f ° i a ''~i 1~' EPti~s 9 S a.;;r f~ i.ar}~{.+~,s,, ~ i~:.is rq F~ r _ rk. y _ ~.~x ~1,. _~#d3~. ~ , ~ ~I'r ~ ~ ~ L~ ~ .f ~t~. ~ '~wk., i~• I. ~ liF ~a1 ,'R k .~Y f}}t ~ !!v • t+r !!Y ~u F s~c~= r;3 ` v.. p 1 n a ~ _ ~ ~ {F~ ~ .~il~ t.~ f S~F, :'Y. ~ .St ~ .S~r I..V: t' ~ r ~ + i.~.r,tt I ~ a'~~ Y F,l~+ s. .~~~t~'~P,.. .iy* f„ f :F4.i~f,' ~ ~~<I ~I• ~5 Y `a~k. p~p : .i,~ ~ ~ pi ~ W"'~" '.•^"bn v Y ,~~.P , .s ~ i 9'. k'r ° "i'.. r ;r, , ie. ~i, Iuu ~ ~ ~ a .~pk guy "'*J "'•C F ~~_s' t i~~' p ~ ~ r~~ i s is 1.F~4 7 ~ Fla of ~a~ Ftq p y ~ ! ~.4 f' a.l s: ~`fi Kr it Y"e R a t m il^ ..;j. e " ~ ~ .5,~ e~ ~ 1'M1° '~4'~ -1 . e ~„~r.~.,~ ~~~..i eaa„~. ~ ~";,~R~k '!7u ~#.5»',r~~. ~ ~y '2+ fi h 1. ~'k,.!~ ~ i; k-1y + @.~.{5~"~ ,~cS ~i { rF~.~: ~.}~~...~.,f. .',i f '.~I ~ i.;.':e ~IR ~~'.`~~`.A~~" ~ 4~? ~1~>~"~~na~ ~ r~ r,. `.~5 L. ^~~w. ;F~~i.~.. S"sa'f v, f~1 .4` 4, R., r $ i ~ ' to h,i-', ~v k ° 6'~" ~a pi V: '~u , d: ,~o N.. pay r~ i x •v:,. + ~I Y. .fr X : (..r ,u rr,e r~i, " NN. ~ ~ °P ~r 6°~.°~9 rv ° _ p ` '.s.;r ,..=v 'rP~~ , ~ ~ #`1 1{: Ff ~ T' °i ~ rr # fi ..y..~ a. ~a ,s+• r ;.r ~ti , 1.#{: ~ ..k iY « r - r X41'.. ~ I _ ~=fu ~~~~,i ~ ~ . ,~.f ;,~~~;i~i ~ IG:49ccfal a~ ~ 98937~G~ ~ X549 ~ Board of Commissioners Meeting ntim~ ~~nnka 13-6-7 GRAND CYPRESS MEETING ~'1''~~ March 25, 20.09 Holy & Beau Wood ing Traci Roberts 45a~ spring Vsew Drive 704 ~h~ry1 tape Wilmingtor3, NC 284x5 'Wilmin~on, ~1C 28405 ~~hn & Susan Burnett Jahn &Maryann-Browning 4501 5prir~g~View-Drive 7~O Sheryl Lane Wilmington, NC ~-8405 VVilming~onr ~iC 28405 Diane & Jay Graham Robbie Smith. 700 Cheryl Lane 4484_.1Nilliam tc~uis Drive Wilmington, NC 284D5 U~Iilming~on, IBC 28405 Chris ShQlar !ay Graham 4621 Terry bane wVi) mingtan, IBC 2.8405 Bobby Fowler ~H~ ~1Q.7g1,4520 Mike Smith tM~ 91Qb~ 7.382b . ifevin Millard Connie Jordan tee 0yches 45D2 Dean Drove l.~t 1 G7 1N:lmingtan, NC 28405 Issue about leaving trees along prape~ty fine for screening Dan & Syl~ri a Ryan 44601Nilliam l.auis Drive Mrs, Fin-ley Wilmington, NC 28405 Buffer along active R~ec ~w~~ o Board of Commissioners Meeting ntim~ ~~nna 13-6-8 ~ ~ f ee. 2~/r~1~ --.1=revs Were' t ~h~a .~wyno~u- ~ ~Bu- ~l9'~~ G°B~vt-~es ~ t~ -~~l~ii yt.Q Gf,SB~ GLi9z.~''~~6f~-irlvr~ --,~~~e~s ~ - U 7~ [/.e -9~lY~Z~a-~ ~~.e YeS~ s r~!/l trGu~ ~r - - ~ --mss s~ ~ _ ' ; a~~ h!c~s say ~ ~~q~~~-so -~0~'0 - ; J.~Gf.~~_~y' '~/Rr~S i _~Y~ i `C_~i~v1~~' ~~h~~-~el/2~~ ~ ~ . s ^F 7 m ~ . z . a".kr ~ -~.r-r. Y3 ~r w,.~ ~ epten~ber ~5} ~~~5 , s. indee wolf withers Ravenel 14 ~ D ~on~onwea~th Drive Unit I ~ 1 Wilmington, 25~~3 ' Re: brand cypress ~~Apts~ ~ High Density Plan} ~ Dear ~VIs. wolf; . In regtar session on September ~4, 2~~5, the bounty's Technical Review un~ittee QTR} .approved the preliu~ninary high density site plan for grand ress ~ Yp pts, for a total of X88 ~otslunits as~ displayed un your site plan design. Please note that site plan approval for the project is valid for a period of twu years. The vote b lac TRH ~ r . was 4~0 and cun~es with the following requirements}: . 1~ The roads in the project are designated. fir private use with nu aces or g obstructions al~uwed. Language will appear on the prelin~.inary fan ~ni tat P ~ ~ and homeowner covenants addressing this issue. ~n effort wi~X be made to connect the main road within the fro j yet to Devi give with the main road beaxin the Dean Drive street name. If this is nut feasible to the Riga paxty~ documentation from the ~ipa's will need to be provided. If a vehicular connection can't be made, a bi~elpedestrian path wi~~ be re aired. q 3} Since the roads are private} an approved NDT Driveway Pei~rnit will ~be required at the entrance to forth Kerr Avenue prior to ~ina~ ptat a royal for all pp . or a portion of the p~ro~ect. TIA requirements will be embraced by l~~DT and the w1V~P~. . . 4~ A special Use Permit will be required since this project is hi h densit . g Y } Add the ~D etbac~ dine to your site plan. Low Impact Development techniques will e utilised within the ro' ect, ~ ~ ~ i 7~ Caunty Fire Serv~tce cun~inents will be required. attending the meeting were TRH hairnxan Richaxd collier Plannin Board ~ ~ ' Sam Burgess Planning staff}, Jinn ~annucci ~~uunty Bnineering~, and ~lnthon Prim it ~ Y ~ ylounty wI1~PD~, ,Also attending were Chris D Keefe, Shawn Ralston Bobb y Board of Commissioners Meeting ntim~ ~~nna 13-6-10 5 waif 1letter ~ ~ _ - _ . . Harris ~Planning staff}, Sharon Huffman bounty Legal}, B111 Pinnix Jim Bonner - . ~FPUA}, ~,ee weedle, John .Allen, and Bill Peoples partners for the ro'ect Ja ~ ~ y graham ~~hurchill Estates resident}, Jennifer Braswell ~~HSwD}, and ou. ~s stated, Grand cypress will be valid as a preliminary sate plan. far two ears. If ' ~ F final plat far all or a portion of the prod ect is not submitted within the ~4 month tune fran~.e, the plan must be resubmitted a a new preliminarsr plan in accordance with the Subdivision Regulations. ~therw~se, the prelirnary approval shall become void. A one year exte~asion to the site plan nay be requested through the TRH prior to the e~ iration p of the plan. In the future, this pro j ect rn.a~r he steed by Casty ~e~er, Hav~e~er, due to the limited capacity of tie County's wastewater treatt~ent facilities sewer ca acit ma not p Y y exist DFJHNR wastewater sewer construction and operations permits andlor final lot . F p approval of sections may be withheld, ~f m the ap~n~on of the bounty En 'Weer and . FPUA, adequate sewer capacity does not exist, Please note that all other local State and Federal regulations will be applicable to the brand Cypress project, As'yau may now final plat approval for all or a portion of the Grand ress . pray ect can t be abta~.ned until an approved Special Use Permit and construction lan dr ~ ~ p awtngs are subrn~tted and approved by County Eng~nee~ngICFPUA staff, Approximately significant trees were located within the ro~.d rits~af-~v~, that will . . need to be n~t~gated prior to final plat approval.-~ Please share this infarrnatian with your clients}. Please also. remit ~ full size updated paper copies of the plan based on the above requirements cif a livable far TRH pp ~ Chairman signature. Contact me if you have questions. I may b reached at 91 a 7~8- ~ } 744 ~ , cc: Planning' Board rr~cmbers incerel . y~ ~ Hines} ~ornng ~nnap} Jim Iannucci, n ' neerin rna ~ ~ ~ ~ ~ . ~ p} David Heath, Fire Services map} .A. Bur ens . g Anthony Prinz, C~ty1Co 1VIP~ map} Principal I~ev. Planner Beth Easley~wetherill, Engineering Bill Pinnix, CFPUA {map} File Board of Commissioners Meeting ntim~ ~~nna 13-6- It CASE: 5-589, 4/09 PETITIONER: Jerry R. Robbins (Owner) REQUEST: High Density Residential in R-10 District - 288 units ACREAGE: Approximately 46 acres LOCATION: 1300 N. Kerr Ave. LAND CLASS: Urban and Conservation PLANNING BOARD ACTION: At its April 2, 2009 meeting, the Planning Board voted 4-3 to recommend approval of this project with conditions as follows: (1) Amend the site plan to show full street connection to the Cheryl Lane street stub, and provide written confirmation that additional right-of-way acquisition is not possible to make full connection to Dean Drive because the property owner will not sell enough additional land for dedicated right-of- way. (2) Buffers in accordance with the ordinance must be shown on the site plan. (3) A letter of approval from the MPO/DOT for the appropriate Traffic Impact Analysis (TIA) needs to be provided. Six people spoke in opposition to the proposal: One from Churchill Estates, two from Springview subdivision and two from Alandale subdivision, as well as the Cape Fear River Keeper. Adjoining residents expressed concerns for traffic impacts in their existing neighborhoods; concerns for worsening of existing drainage problems near N. Kerr Avenue between Grathwol and Alandale; and concerns that a high density project would not be harmonious with the adjacent single-family neighborhoods. Ten written comments in opposition were also received from the Springview neighborhood and one written comment was received from Churchill Estates. This item was delayed from the May commissioners' agenda in order to allow the applicant time to address the issues raised by the Planning Board. The site plan has been amended. The letter relating to connection to Dean Drive is no longer necessary since an access to Dean Drive is possible without purchasing additional property. Also, the addendum to the Traffic Impact Analysis has not been received at this time, so no approval letter is available from the ~VIPO/DOT. STAFF' S PRELIMINARY FINDINGS OF FACT: 1. The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. 5-589 (4/09} Page 1 of 4 Board of Commissioners Meeting ntim~ ~~nna 13-7-1 A. Public utilities are being requested for the project, however, there is currently no commitment for sewer capacity. B. Fire Service will be provided by the Wrightsboro Volunteer Fire Department. C. About 20 acres of the property are located in a flood hazard or swamp forest areas associated with Spring Branch and will remain undeveloped except for stormwater and recreation facilities. About 17 acres is proposed to be set aside as a permanent conservation area. D. Stormwater control is subject to the requirements of the County's stormwater ordinance and will be accommodated on site in retention ponds. E. A traffic impact analysis has been prepared for this proposal but an addendum is currently under way. The TIA and required improvements must be approved by the MPO and NCDOT. F. The Traffic Impact Analysis indicates trip generation of 157 AM peak hour trips and 205 PM peak hour trips. However, the existing mobile home park does generate traffic, so the adjusted figures show 139 AM peak hour trips and 173 PM peak hour trips. G. Access to the site, as proposed, is from N. Kerr Ave. and connects to the street stub provided at Cheryl Lane. To the east, the proposal stubs toward Dean Drive and envisions connection via an easement if granted by the Cape Fear Public Utility Authority. Another possible future connection has been stubbed to the north on currently vacant land where a preliminary site plan has been approved but not developed. H. The proj ect is located in the Smith Creek drainage area. Smith Creek is classified as C; Sw and is currently on the impaired waters list. 2. The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. N. Kerr Ave. is an urban minor arterial roadway with 2007 LOSE, meaning traffic flow is at the capacity on the roadway, causing delays at intersections between 40 and 60 seconds per vehicle. B. Average Daily Traffic counts have increased by about 2% between 2005 and 2008. C. A stub for possible emergency fire access to Dean Drive has been provided. D. A portion of the site is currently used as a mobile home park and is zoned R-10. Residential use "by right" would qualify for up to 3.3 units per acre on the portion classified as Urban and 2.5 units per acre on the portion classified as Conservation for a possible maximum of 135 units. (92 + 43) E. The project proposes a 288-unit apartment complex. F. Parking is proposed in accordance with the ordinance at 614 spaces, which includes two (2) spaces per apartment unit and an additional 3 8 spaces for the clubhouse and office. 5-589 (4/09} Page 2 of 4 Board of Commissioners Meeting ntim~ ~~nna 13-7-2 G. An information meeting on the proposal was scheduled by the applicant for March 25, 2009 to discuss the project with nearby residents. H. Buffers as required on the west, north and east sides are shown on the site plan. The southern portion of the property is dominated by wetlands and flood hazard areas that have been left undeveloped, creating a natural buffer between this project and the Alandale Subdivision to the south. I. Proposed recreational and open space exceeds the minimum requirements of the ordinance for high density projects. J. Stormwater must be approved by County Engineering. K. About 20 significant hardwood trees and numerous conifers have been identified to be preserved within the development. L. The project was reviewed by the Technical Review Committee on September 24, 2008, with comments primarily focused on road issues which the current site plan has resolved. M. No approval has been received for the TIA addendum as submitted. Comments from the MPO indicate that a dedicated turn lane will probably be required as well as other off site improvements on Martin Luther King Parkway. The project must provide improvements as required by the MPO and NCDOT. 3. The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. No evidence has been submitted at this time that the project will decrease property values of adjacent parcels. B. Adjacent properties are single family subdivisions. 4. The Board must find that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. A. The 2006 Update of the Joint LAMA Plan encourages higher density development to be located in urban areas where public services are already in place. The Conservation class applies to areas within the 100 year flood plain. The purpose of the conservation class is to provide for effective long-term management and protection of significant, limited, or irreplaceable natural resources while also protecting the rights of the property owner. B. Adequate buffers are necessary measures to assure harmonious compatibility with the adjacent single-family developments C. Proper street connectivity is necessary to distribute traffic flows by providing as many choices as possible for managing new and existing traffic. D. Policy 6.5 in the land use plan supports requiring street interconnectivity and prohibition of cul-de-sacs that impede connectivity. 5-589 (4/09} Page 3 of 4 Board of Commissioners Meeting ntim~ ~~nna 13-7-3 STAFF COMMENTS: Staff supports the recommendations of the Planning Board. ACTION NEEDED: (Choose one) 1. Motion to Approve (with or without conditions) 2. Motion to table the item in order to receive additional information or documentation (Specify). 3. Motion to Deny based on specific findings in any of the 4 categories above, such as lack of consistency with adopted plans or determination that the project will pose public hazards or will not adequately meet requirements of the ordinance. PLEASE ARTICULATE YOUR NEGATIVE FINDINGS IF YOU DENY THE PROPOSAL. 5-589 (4/09) Page 4 of 4 Board of Commissioners Meeting ntim~ ~~nna 13-7-4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: June 1, 2009 REGULAR ITEM: 14 DEPARTMENT: County Manager PRESENTER(S): Dianne Harvell, Environmental Health Services Manager CONTACT(S): Dianne Harvell, Environmental Health Services Manager SUBJECT: Consideration of Elimination of Local Fee for Temporary Food Establishment Permits BRIEF SUMMARY: A vendor at several recent events refused to pay the $50 local application fee challenging the authority of the New Hanover County Board of Health to charge fees. The $50 local Board of Health fee is not required by state law in contrast to the NC Department of Environment and Natural Resources $50 temporary event fee. The financial impact on annual revenue collections based on the past year is estimated at a loss of $7,000 to $10,000. Removal of the local fee as a customer service accommodation can facilitate ongoing vendor cooperation and program participation in the interest of public health. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request approval for the Board of Health to eliminate the fee of $50 for temporary food establishments/facilities regulated under local health regulations, but continue the inspections/permitting program. (This motion has no effect on the state temporary event fee.) ATTACHMENTS: Exemptions Regulations COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting ntim~ ~~nna 14-0 § 130A-250. Exemptions. The following shall be exempt from this Part: (1 } Establishments that provide lodging described in G.S. 13 OA-24 8 (a 1) with four or fewer lodging units . (2} Condominiums. (3 } Establishments that prepare or serve food or provide lodging to regular boarders or permanent houseguests only. However, the rules governing food sanitation adopted under G.S. 130A-248 apply to establishments that are not regulated under G.S. 130A-235 and that prepare or serve food for pay to 13 or more regular boarders or permanent houseguests who are disabled or who are 5 5 years of age or older. Establishments to which the rules governing food sanitation are made applicable by this subdivision that are in operation as of 1 July 2000 may continue to use equipment and construction in use on that date if no imminent hazard exists. Replacement equipment for these establishments shall comply with the rules governing food sanitation adopted under G.S.130A-248. (4} Private homes that occasionally offer lodging accommodations, which may include the providing of food, for two weeks or less to persons attending special events, provided these homes are not bed and breakfast homes or bed and breakfast inns. (5} Private clubs. (6} Curb markets operated by the State Agricultural Extension Service. (7} Establishments (i) that are incorporated as nonprofit corporations in accordance with Chapter 5 5A of the General Statutes or (ii} that are exempt from federal income tax under the Internal Revenue Code, as defiined in G.S. 105-228.90, or (iii) that are political committees as defined in G.S. 163-278.6(14) and that prepare or serve food or drink for pay no more frequently than once a month for a period not to exceed two consecutive days, including establishments permitted pursuant to this Part when preparing or serving food or drink at a location other than the permitted locations. A nutrition program for the elderly that is administered by the Division of Aging of the Department of Health and Human Services and that prepares and serves food or drink on the premises where the program is located in connection with a fundraising event is exempt from this Part if food and drink are prepared and served no more frequently than one day each month. Board of Commissioners Meeting ntim~ ~~nna w~ v i~ ~.vv~ 14-1-1 (8} Establishments that put together, portion, set out, or hand out only beverages that do not include those made from raw apples or potentially hazardous beverages made from raw fruits or vegetables, using single service containers that are not reused on t e premises. (9} Establishments where meat food products or poultry products are prepared and sold and which are under inspection by the North Carolina Department of Agriculture and Consumer Services or the United States Department of Agriculture. (10) Markets that sell uncooked cured country ham or uncooked cured salted pork and that engage in minimal preparation such as slicing, weighing, or wrapping the ham or pork, when this minimal preparation is the only activity that would otherwise subject these markets to regulation under this Part. (11) Establishments that only set out or hand out beverages that are regulated by the North Carolina Department of Agriculture and Consumer Services in accordance with Article 12 of Chapter 106 of the General Statutes. (12) Establishments that only set out or hand out food that is regulated by the North Carolina Department of Agriculture and Consumer Services in accordance with Article 12 of Chapter 106 of the General Statutes. (1955, c. 1030, s. 4; 1957, c. 1214, s. 3; 1983, c. 884, ss. 1, 2; c. 891, s. 2; 1985 (Reg. Sess., 1986), c. 926; 1989, c. 551, s. 3; 1991, c. 733, s. 3; 1993, c. 262, s. 4; c. 513, s. 14; 1995, c. 123, s. 14; 1997-261, s. 86; 1999-13, s. l; 1999-247, s. 5; 2000-82, s. 1; 2001-440, s. 4.} Board of Commissioners Meeting ntim~ ~~nna 14-1-2 i ~ ® 'a r ~ I m ~ ~ tl rI~ ~ ~f F a m i ~ ~ m ~ ~ m W i r ® - L L L l - - c = . C', - - L L O i r..s L O ~ - i - i ~ ~ L k p L . I I I I I L L Board of Commissioners Meeting ntim~ ~~nna 14-2-1