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Agenda 2009 11-02AGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmin ton, NC g TED DAMS, JR., CHAIRMAN • JASON R. THOMPSON, VICE-CHAIRMAN ROBERT G. GREER, COMMISSIONER • WILLIAM A. CASTER, COMMISSIONER • JONATHAN BARFIELD, JR., COMMISSIONER BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD NOVEMBER 2, 2009 6:00 P.M. MEETING CALLED TO ORDER (Chairman Ted Davis, Jr.) INVOCATION (David Wade, Senior Pastor, Wesley Memorial United Methodist Church) PLEDGE OF ALLEGIANCE (Commissioner William A. Caster) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval of Resolution Recognizing the 40th Anniversary of Wilmington Christian Academy 3. Appointment of Assistant County Manager Chris Coudriet as the Commissioners' Representative on the Criminal Justice Partnership Advisory Board and the Juvenile Crime Prevention Council 4. Approval of a Resolution of Intent to Close/Abandon Western Portion Chair Road (SR 1332) 5. Approval to Award Bid for the Purchase of Thirteen (13) Ford Crown victorias with Police Packages to Capital Ford, Inc. in the Amount of $274,984.81 6. Approval of 2009 State Criminal Alien Assistance Program (SCAAP) Grant Award from the Bureau of Justice Assistance (BJA) 7. Approval of 2009 Grant Award from the Bureau of Justice Assistance (BJA) for Purchase of Bulletproof Vests 8. Approval of Release and Refund of Boat Slips 9. Adoption of Ordinances for Budget Amendments ESTIMATED RE LAR A E DA ITEM F B I E TIMES GU G N S 0 USN SS 6:10 p.m. 10. Public Hearing Text Amendment (A-381,10/09) - Request by David McCall to Amend the Zoning Ordinance to Allow Eating and Drinking Establishments as a Permitted Use in the Office and Institutional (0&I) Zoning District when Certain Supplemental Standards are Applied 6:25 p.m. 11. Public Hearing Special Use Permit (5-595,10/09) - Request by Tom Johnson (Nexsen Pruett) on Behalf of American Tower Corporation and New Hanover County School System for a Special Use Permit to Place a 90-Foot Telecommunication Tower at 225 Mabee Way on the Murrayville Elementary School Property in an R-15 Residential Zoning District 6:40 p.m. 12. Public Hearing Special Use Permit (5-596,10/09) - Request by Tom Johnson (Nexsen Pruet) Board of Commissioners Meeting > > ~m~~nna i i/v11~./14.vv-If on Behalf of American Tower Corporation and Marvin Congleton for a Special Use Permit to Place a 140-Foot Telecommunication Tower at 1300 Big Cypress Drive off of LT Congleton Road in an R-15 Residential Zoning District 6:55 p.m. 13. Public Hearing Text Amendment (A-380 8/09) - Request by staff to amend Article V, to add anew planned district, Section 53.6 Exceptional Design Zoning District (EDZD) in order to encourage mixed use districts in appropriate locations allowing higher residential density based on specific sustainable design criteria. NON-AGENDA ITEMS (limit three minutes ADDITIONAL AGENDA ITEMS OF BUSINESS 7:35 p.m. 14. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 7:45 p.m. 15. 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 > > ~m~~nna i i/v11~./14.vv-If NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2009 CONSENT ITEM: 1 DEPARTMENT: Governing Body PRESENTER(S): Ted Davis, Chairman 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 October 15, 2009 Regular Session meeting held on October 19, 2009 Work Session meeting held on October 19, 2009 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Approved 5-0. Board of Commissioners Meeting > > ~m~~nna v 11~1/ 14, ki 1-0 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2009 CONSENT ITEM: 2 DEPARTMENT: Governing Body PRESENTER(S): Commissioner William A. Caster CONTACT(S): Sheila L. Schult, Clerk to the Board SUBJECT: Approval of Resolution Recognizing the 40th Anniversary of Wilmington Christian Academy BRIEF SUMMARY: Wilmington Christian Academy was founded in 1969 as a ministry of Grace Baptist Church and is celebrating their 40th Anniversary on November 15, 2009. Since that time, the Academy has grown to be the largest private school in southeastern North Carolina, currently serving 724 students in K3-12. Commissioner William A. Caster will be attending the anniversary service to present the resolution on behalf of the Board. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt resolution. ATTACHMENTS: Wilmington Christian Academy Resolution (November 2009) COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting > > ~m~~nna 2-0 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Resolution Recognizing Wilmington Christian Academy's 40t" Anniversar y WHEREAS, Grace Baptist Church was started in 1953 by Pastor and Mrs. Ray Noland at a building located on North Ninth Street in New Hanover County and established by charter, in September of that same year; and WHEREAS, Wilmington Christian Academy was founded in 1969 as a ministry of Grace Baptist Church and since that time has grown to be the largest private school in southeastern North Carolina currently serving 724 students and employing fifty-three faculty members; and WHEREAS, Wilmington Christian Academy serves the K3 -12 school population and fulfills all the requirements of the North Carolina Division ofNon-Public Instruction and is a member of the American Association of Christian Schools and the North Carolina Christian School Association; and WHEREAS, for forty years Wilmington Christian Academy has existed to assist parents and students in the pursuit of spiritual, academic, physical and social excellence; and WHEREAS, the dedication and talents of individual teachers, parents and students has helped make Wilmington Christian Academy the success it is today through its advocacy, compassion and conducive learning environment; and WHEREAS, on November 15, 2009 in honor of the 40th Anniversary of Wilmington Christian Academy, there will be a "Thank You Wilmington" celebration beginning with a service at 9:15 a.m. and a free picnic from noon until 3:00 p.m. NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners recognizes the 40th Anniversary of Wilmington Christian Academy. ADOPTED this the 2nd day of November 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting > > ~m~~nna i i~v~.~~.vv~ 2 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2009 CONSENT ITEM: 3 DEPARTMENT: Governing Body PRESENTER(S): Ted Davis, Chairman CONTACT(S): Sheila Schult, Clerk to the Board SUBJECT: Appointment of Assistant County Manager Chris Coudriet as the Commissioners' Representative on the Criminal Justice Partnership Advisory Board and the Juvenile Crime Prevention Council BRIEF SUMMARY: On June 22, 2009, the Board unanimously appointed Chris Coudriet to the Criminal Justice Partnership Advisory Board for athree-year term. Chris Coudriet currently serves as the County Manager's designee on the Juvenile Crime Prevention Council. Vice-Chairman Thompson has submitted his resignation from both of these boards due to time constraints. A Commissioner Representative is requested for both of these boards, but is not required; therefore it is recommended that Chris Coudriet be appointed to the Criminal Justice Partnership Advisory Board and the Juvenile Crime Prevention Council as the Board of Commissioners' representative. RECOMMENDED MOTION AND REQUESTED ACTIONS: Appoint Assistant County Manager Chris Coudriet to the Criminal Justice Partnership Advisory Board and the Juvenile Crime Prevention Council as the Board of Commissioners' representative. ATTACHMENTS: CJ JCPC COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting > > ~m~~nna 3-0 NEUV HANOVER COUNTY CRIMINAL JUSTICE PARTNERSHIP ADVISORY BOARD Members: A county board or amulti-county board shall consist of not less than 10 members; and shall, to the greatest extent possible, include the following: county commissioner, county manager or designee, superior court judge or designee, district court judge or designee, district attorney or designee, criminal defense attorney, public defender, county sheriff or designee, chief of police or designee, probation officer, community service coordinator, 1 member from each of the following: mental health, public health, substance abuse, employee training, community-based corrections program, victim services program, member of business community, member of community who has been a victim of crime; and at-large members including persons who are recovering from chemical dependency or are previous consumers of substance abuse treatment services. Terms: 3-year terms Regular Meetings: Meetings are 4 times a year at 11:00 a.m. ~3r~ Friday of month} in the Conference Room of the Office of Juvenile Justice,138 N. Fourth Street. Statute or Cause Creating Task Force: NC General Assembly established Criminal Justice in 1994. G.S. 143B-213.10, County Criminal Justice Partnership Advisory Boards Purpose: The purpose of the advisory board is to develop community-based solutions to the problems of rehabilitation and punishment for criminal offenders. The goals will be to reduce recidivism, to reduce the number of probation revocations, to reduce alcohol and drug dependency among offenders and reduce the cost of incarceration now being paid by counties and the State. TERM OF OFFICE CURRENT MEMBERS AppOINTMENT EXPIRATION Business Community First 1124105 9130108 David L, Miller Second 9122108 9130111 105 S. 5th Street Vvilmington, NC 28401 712-2058 ~H} 262-4983 ~W} Criminal Defense_Attorney Unexpired 2118108 9130109 Samuel J. Randall, IV First 9121109 9130112 200 Georgia Avenue Carolina Beach, NC 28428 Office Address: 324 Village Road Leland, NC 28451 294-2505 ~ H } 253-5124 ~vll } Victim of Crime First 9120104 9130107 George E. Tilley ~ ~ Second 1111910? 9130110 1134 Harbour Drive #203 ~ ' l oho q Uv~lmington, NC 28401 793-9352 ~H} 251-6185 ~X-220} ~VV} Board of Commissioners Meeting 11 /(12/2(19 3-1-1 CRIMINAL JUSTICE PARTNERSHIP ADVISORY BOARD At-Large Members: Alex Dale First 9122108 9130111 1312 Legacy Lane Wilmington, NC 28411 681-0365 ~ H } 794-4806 S. Ryan Estes First 9121109 9130112 715 North Fourth Street, Unit 301 Wilmington, NC 28401 336-926-2896 ~ H } 588-4404 ~W } Frankie Roberts First 9111101 9130104 P.O. Box 401 Second 9120104 9130107 Wilmington, NC 28402 Third 11119107 9130110 193-0136 ~H} 162-4636 ~W} Mary Springer First 9121109 9130112 711 South Eighth Street Wilmington, NC 28401 251-1068 ~H} Gregory H. Stone First 1124105 9130108 61 S Wild Dunes Circle Second 9122105 9130111 Wilmington, NC 28411 681-0996 ~ H } Agency Representatives: County Commissioner Appointed 12/15108 Undesignated Jason R. Thompson 443-0816 ~C} County Manager's Designee First 6122109 9130112 Assistant County Manager Chris Coudriet 795-1184 District Attorne 's Desi nee First 6122109 9130112 Assistant District Attorney Janet Coleman, Chair 341-1403 District Court Judge First 6122109 9130112 Chief Judge J. H. Corpening, II 341-1129 Division of Community Corrections First 6122109 9130112 Assistant District Manager Brien H. Campbell 251-5151 Staff Support: Sue Jaindl, NHC Manager's Office B1C #4 File: ICJPAB 9.09 230 Government Center Drive Wilmington, NC 28403 198-7184 Revised: 912312009 Board of Commissioners Meeting 11 /(12/2(19 3-1-2 GS 143B-273.10 Page 1 of 2 ~ 143B-Z73.1o. County Criminal Justice Partnership Advisory Boards; members; terms; chairperson. ~a} A county board or a multicounty board shall consist of nat less than 1Q members and shall, to the greatest extent possible, include the following: ~ 1 } A county commissioner. In the case of a multicounty community corrections advisory board, one county commissioner from each participating county shall serve as a member. ~2} A county manager, or the county manager's designee. ~3} A judge of the superior court. ~4} A judge of the district court. ~5} A district attorney, or the district attorney's designee. ~6} A criminal defense attorney. ~7} A public defender. ~8} A aunty sheriff, or the sheriff s designee. ~9} A chief of a city police department, or the police chief s designee. ~ 10} A probation officer. ~ 11 } A community service coordinator. X12} One member selected from each of the following service areas which are available in the county or counties: mental health, public health, substance abuse, employment and training, community-based corrections programs, victim services programs. X13} A member of the business community. ~ 14} A member of the community wha has been a victim of a crime. ~ 15} Members at large, including persons who are recovering from chemical dependency or are previous consumers of substance abuse treatment services. fib) In the case of a single county board, the board of county commissioners shall appoint the members. In the case of a multicounty board, the board of county commissioners from the participating counties shall each appoint one commissioner as a member. These members shall appoint the other members. The board of county commissioners may designate an existing board which meets the requirements of this section to serve as the County Criminal Justice Partnership Advisory Board. A member may be removed, with cause, by the group authorized to make the initial appointment. ~c} Before an appointment is made under this section, the appointing authority shall publish advance notice of the appointments and shall request that the names of persons interested in being considered for appointment be submitted to the appointing authority. In appointing the members of a county board, the county shall make every effort to ensure that minority persons and women are fairly represented. ~d} The initial members of the county board appointed by the board or boards of county commissioners shall serve staggered terms, one-third shall be appointed for a term of one year, one-third shall be appointed for a term of two years, and one-third shall be appointed for a term of three years. Members appointed by virtue of their office serve only while holding the office or position held at the time of appointment. A vacancy occurring before the expiration of the term of office shall be filled in the same manner as original appointments for the remainder of the term. Members may be reappointed without limitation. fie} The members of the county board shall, within 3a days after the last initial Board of Commissioners Meeting 11 /(12/2(19 http://www.ncga. state.nc.uslEnactedLegislatio?nlStJtuteslHTML/BySection/Chapter_143B/... 8/20/2009 GS 143B-273.10 Page 2 of 2 appointment is made, meet and elect one member as chairman and one member as vice-chairman and appoint asecretary-treasurer who need not be a member. For purposes of transacting business, a maj ority of the membership constitutes a quorum. ~f} The county board shall meet at least quarterly and may also hold special meetings at the call of the Chairman. ~g~ Any member wha has an interest in a govenlmental agency or unit or private nonprofit agency which is applying far aState-County Criminal Justice Partnership Act grant or which has received a grant and which is the subject of an inquiry or vote by a grant oversight committee shall publicly disclose that interest on the record and shall take no part in discussion or have any vote in regard to any matter directly affecting that particular grant applicant or grantee. "fnterest" in a grant applicant or grantee shall mean a formal and direct connection to the entity, including, but not limited ta, employment, partnership, serving as an elected off cial, board member, director, officer or trustee, ar being an immediate family member of someone wha has such a connection to the grant applicant or grantee. ~h} The board or boards of county commissioners shall provide necessary assistance and appropriations to the county board established for that county ar counties. X1993, c. 534; 1994, Ex. Sess., c. 24, s.14~d}.) Board of Commissioners Meeting 11 /(12/2(19 http://www.ncga.state.nc.us/EnactedLegislatiofi/~fta4utes/HTML/BySection/Chapter 143B1.. $12012009 NEIN HAN4VER COUNTY JUVENILE CRIME PREVENTION COUNCIL Members: Representatives from the following categories: school superintendent or designee, police chief or designee, sheriff or designee, district attorney or designee, chief court counselor or designee, AMHIDDISA director or designee, DSS director or designee, county manager or designee, substance abuse professional, member of faith community, county commissioner, 2 under age 18, juvenile defense attorney, chief district judge or designee, member of business community, health director or designee, United Way or other non-profit member, parks and recreation representative, and up to 1 at-large members appointed by County Commissioners. Limited to no more than 26.} Terms: 2-year terms Changed from 3 year terms to reflect requirements of General Statutes} 9106 Regular Meetings: Meetings are held 7 times per year at 12:30 p.m. 3rd Friday bi-monthly} in the Conference Room of the office of Juvenile Justice,138 N. Fourth Street, Wilmington, NC. Statute or Cause Creating Task Force: NC General Assembly established JCPC on 12121198. Purpose: The JCPC is to assess, prioritize and identify ways to meet needs of youths who are at-risk of delinquency or who have been adjudicated, undisciplined, or delinquent; identify community risk factors; recommend allocation of state funding for youth programs that address these risk factors; and evaluate the effectiveness of these programs. TERM ~F OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Business Communes First 9122108 9130110 Joe Miller 1103 Gentallion Court Wilmington, NC 28411 338-1826 ~H} 196-1022 ~W} Faith Community Unexpired 9120104 9130105 Sonja Douglas Robinson First 9119105 9130108 3433 Regency Drive Second 9122108 9130110 Wilmington, NC 28412 Phone:163-3391 Juvenile Defense Attorne First 9118106 9130108 Ruchadina L. Waddell Second 9122!08 9130110 5145 Lamppost Circle Wilmington, NC 28403 395-4210 ~H} 112-6400 ~W} Parks and Recreation Re resentative First 6118101 9130109 Ryan Tunstall Second 9121109 9I3D111 453 Drake Court Wilmington, NC 28403 341-0057 ~W} Board of Commissioners Meeting 11 /(12/2(19 3-1-5 JUVENILE CRIME PREVENTION COUNCIL ~CONT,} TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Under Aqe ~8~Student First 9121109 9130111 Deshon Montrael Barfield 2206 Metts Avenue Wilmington, NC 28403 762-3643 ~H} 228-9516 ~C} Nicholas Scarff First 7121108 9130110 121 Braxlo Lane Wilmington, NC 28409 350-3608 ~ H } Members-at-Large First 8114106 9130109 Henry L. Batts, Jr. Second 9121109 9130111 2 Diamond Drive Castle Hayne, NC 28429 675-9645 ~ H } Hattie Cooper-McIver First 8114106 9130109 1524 S. 16th Street Second 9121109 9130111 Wilmington, NC 28401 193-2022 ~H} 341-3217 ~W} William Austin Crews, Jr. First 8114106 9130109 5386 New Centre Drive, Apt. C Second 9!21109 9!30111 Wilmington, NC 28443 262-8199 ~ H1W } Ryan Estes First 9121109 9130111 715 North Fourth Street, Unit 301 Wilmington, NC 28401 336-926-2896 ~C} 588-4404 ~W} Glenn W. Drew First 9122108 9130110 7421 Coker Court Wilmington, NC 28411 681-0463 ~H } 470-0646 ~C} Alice J. Haynes First 9122108 9130110 7401 Dachshund Court Wilmington, NC 28411 395-4252 ~H} 352-6713 ~C} Nora Henry Hargrove First 9121109 9130111 2330 Waverly Drive Wilmington, NC 28403 762-5725 ~H} 251-7090 ~X-222) ~W} County Commissioner Jason R. Thompson Appointed 12/15108 Undesignated 443-0876 ~C} Board of Commissioners Meeting 11 /(12/2(19 3-1-6 JUVENILE CRIME PREVENTION COUNCIL ~CONT.~ TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Agency Representatives: County Manager's Office: Chris Coudriet District Attorney: Lillian Saltines Bright Undesignated Judge of District Court: Judge JH Corpening Sheriff Department: Novella Harrell Wilmington City Police: Melissa Moore Substance Abuse Center: Jane A. McDonald DSS: Wanda Marino Health Department: Ellen Harrison Juvenile Courts: Robert Speight Mental Health: Vacant Schools: Dr. Rick Holliday United Way: Tommy Taylor Revised: 9/23/2009 File: IJCPC 09.09 Board of Commissioners Meeting 11 /(12/2(19 3-1-7 GENERAL ASSEMBLY OF NORTH CARULINA SESSION 2001 SESSION LAW 2001-199 SENATE BILL 7 AN ACT TG ADD TWO MEMBERS WHO ARE JUVENILES TG THE JUVENILE LGCAL CRIME PREVENTION COUNCILS AND TG THE STATE ADVISORY COUNCIL ON JUVENILE JUSTICE AND DELINQUENCY PREVENTION, AND BY ADDING THE ATTORNEY GENERAL TO THE STATE ADVISORY COUNCIL. The General Assembly of North Carolina enacts: SECTION 1, G.S, 143B-544 reads as rewritten: 143B-544, Creation; method of appointment; membership; chair and vice-chair. ~a} As a prerequisite for a county receiving funding for juvenile court services and delinquency prevention programs, the board of comm~ss~oners of a county shall appoint a Juvenile Crime Prevention Council. Each County Council is a continuation of the corresponding Council created under G.S. 147-33.61. The County Council shall consist of not more than ~ 26 members and should include, if possible, the following: ~ 1 } The local school superintendent, or that person's designee; ~2} A chief of police in the county; ~3} The local sheriff, or that erson's designee; ~4} The district attorney, or t at person's designee; ~5} The chief court counselor, or that person's designee; ~6} The director of the area mental health, developmental disabilities, and substance abuse authority, or that erson's designee; ~7} The director of the county epartment of social services, or consolidated human services agency, or that person's designee; ~S} The county manager, or that person's designee; ~9} A substance abuse professional; ~ l o} A member of the faith community; ~ 11 } A county commissioner; ~ 12} ;Two persons under the a e of 18 y~ s,, one of whom is a member of the State Youth Council X13} A juvenile defense attorney; ~ 14} The chief district court fudge, or a judge designated by the chief district court 'udge; X15} A member o the business community; X16} The local health director, or that person's designee; ~ 17} A representative from the United Way or other nonprof t agency; ~ 1 S} A representative of a local parks and recreation program; and ~ 19} Up to seven members of the public to be appointed by the board of commissioners of a county. The board of commissioners of a county shall modify the County Council's membership as necessary to ensure that the members reflect the racial and socioeconomic diversity of the community and to minimize potential conflicts of interest by members. Board of Commissioners Meeting 11 /(12/2(19 3-1-8 fib} Two or more counties may establish a multicounty Juvenile Crime Prevention Council under subsection ~a} of this section. The membership shall be representative of each artici ating county. ~c T e members of the County Council shall elect annually the chair and vice-c air." SECTION 2. G. 5.143B-545 reads as rewritten: 1438-545, Terms of appointment, Each member of a Count Council shall serve for a term of two years, except for initial terms as provided in t is section. Each member's term is a continuation of that member's term under G.S.147-33.62. Members may be reappointed. The initial terms of appointment began January 1, 1999. In order to provide for staggered terms, persons appointed for the positions designated in subdivisions ~9}, ~ 10}, ~ 12}, ~ 15}, ~ 17}, and ~ 1$} of G.S. 143B-544~a} were appointed for an initial term ending on June 30, 244. The initial term of the second member added to each Count Council ursuant to G.S.143B- 544 a 12 shall be in on Jul 1 2041 and end on June 30 2002. After the initial terms, persons ap ointed or the positions designated in subdivisions ~9}, ~ 10}, ~ 12}, t 15}, ~ 17}, and ~ 1$} o G.S. 143B-544~a} shall be appointed for two-year terms, beginning on July 1. All other persons a pointed to the Council were appointed for an initial term ending on June 30, 2401, an ,after those initial terms, persons shall be appointed for two-year terms beginning on July l." SECTION 3. G.S. 1438-556 reads as rewritten: 143B-55b. Creation of Council; purpose; members; duties. ~a) There is created the State Advisory Council on Juvenile Justice and Delinquency Prevention. The State Council shall be located within the Department for organizational, budgetary, and administrative purposes. . fib} The purpose of the State Council is to review and advise the De artment ~n the development of a comprehensive interagency plan to reduce juvenile elinquency and substance abuse and to coordinate efforts among State agencies prov~d~ng services and supervision to juveniles who are at risk of delinquency and far juveniles who have been adjudicated of delinquent and undisciplined behavior. ~c} The State Council shall consist of ~ 23 members as follows: ~ 1 } The Governor shall appoint e six persons, one of whom is a private citizen who has demonstrated an interest in and commitment to juvenile justice yes: issues; and one of whom is a person under the a e of 1$ ears that is a member of the State Youth Council. ~2} T e Chief Justice of the Supreme Court shall appoint ~-pe~: ftve ersans one of whom is a erson under the a e of 1$ ears. ~3} The following persons, or their designees, shall serve ex officio: a. The Governor. b. The Chief Justice of the Supreme Court. c. The President Pro Tempore of the Senate. d, The Speaker of the House of Representatives. e. The Director of the Administrative Gffice of the Courts. f. The Superintendent of Public Instruction. g. The Secretary of Administration. h. The Secretary of Health and Human Services. i. The Secretary of Correction. j. The Secretary of Crime Control and Public Safety. k. The President of The University of North Carolina. 1. The Attorney .General. ~d} Initial members, other than ex officio members, who were appointed under former G.S. 147-33.70 and whose terms began January 1,1999, shall serve for terms as follows: ~1} Three members appointed by the Governor shall serve for terms of two years and two members for terms of three years. Page 2 Session Law 201-199 Senate Bi117 Board of Commissioners Meeting 11 /(12/2(19 3-1-9 (2} Two members appointed by the Chief Justice of the Supreme Court shall serve for terms of two years and two members for terms of three years. The initial members who are under the a e of 1 S ears shall serve for terms of one xear, beginning an January 2.002. Thereafter, members, other than ex officio members, shall serve for two-year terms. There is no prohibition against initial members being reappointed. (e} The Governor and Chief Justice of the Supreme Court shall serve as cochairs of the State Council. (f} A vacancy on the State Council resulting from the resignation of a member or otherwise shall be filled in the same manner in which the original appointment was made, and the term shall be for the balance of the unexpired term. (g} State Council members shall receive no salary as a result of serving on the Council but shall receive per diem, subsistence, and travel expenses in accordance with G.S.12D-3.1,13 $-5, and 13 S-6, as applicable. (h} Members maybe removed in accordance with G.S. 143B-13 as if that section applied to this Article. (i} The chairs shall convene the Council. Meetings shall be held as often as necessary but not less than four times a year. (j } A maj ority of the members of the Council shall constitute a quorum for the transaction of business. The affirmative vote of a ma~ority of the members present at meetings of the Council is necessary for action to be to en by the Council." SECTION 4, This act is effective when it becomes law. ~ In the General Assembly read three times and ratified this the 5 day of June, 24D1. sl Beverly E. Perdue President of the Senate sl Jarnes B. Black Speaker of the House of Representatives sl Michael F. Easley Governor Approved 3:25 p.m. this 13~' day of June, 2001 Senate Bill 7 Session Law 2441-199 Page 3 Board of Commissioners Meeting 11 /(12/2(19 3-1-10 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2009 CONSENT ITEM: 4 DEPARTMENT: Planning PRESENTER(S): Sam Burgess, Principal Development Planner CONTACT(S): Sam Burgess, Principal Development Planner SUBJECT: Approval of a Resolution of Intent to Close/Abandon Western Portion Chair Road (SR 1332) BRIEF SUMMARY: River Bluffs Development Corporation has petitioned the County to close/abandon a portion of Chair Road (SR 1332). In accordance with NCGS 153-A-241, a Resolution of Intent to close a road or easement must be adopted by the Board of County Commissioners prior to scheduling a public hearing on the matter. If the Road Resolution of Intent to close a portion of Chair Road is adopted by the Board of County Commissioners, a public hearing on the matter would be scheduled for Monday, December 7, 2009 at 6:00 p.m. At the public hearing, eventful information will be provided from County Engineering, County Fire Services, the Cape Fear Public Utility Authority, and NCDOT pertaining to the road closure. RECOMMENDED MOTION AND REQUESTED ACTIONS: The County Commissioners may or may not adopt a resolution of intent. ATTACHMENTS: Staff Summary Resolution of Intent Aerial map Adj acent property map COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting > > ~m~~nna 4-0 NON-PUBLIC HEARING ITEM SC-87, 09/09 Resolution of Intent toClose/Abandon Western Portion Chair Road (SR 1332) Petitioner: River Bluffs Development Corporation Location: Near the Western End of Chair Road (adjacent to I-140) General Comments River Bluffs Development Corporation has petitioned the County toclose/abandon a portion of Chair Road (SR 1332). The State Maintained improved road is approximately 3,203 feet in length and contains aright-of-width that varies from approximately 100 to 230 feet. Chair Road is located adjacent, but, not accessible to I-140 which opened up to vehicular traffic several years ago. A site map depicting the area to be closed is attached. In accordance with NCGS 153-A-241, a Resolution of Intent to close a road or easement must be adopted by the Board of County Commissioners prior to scheduling a public hearing on the matter. Staff Comments As shown on the site map, the improved road right-of-way proposed to be closed is adjacent to several parcels of land recently rezoned PD (Planned Development) by the current name of Rose Hill Landing. Access to the parcels of land would be through the existing portion of Chair Road that leads east out to Castle Hayne Road. At this time, it is our understanding that parcels 6-14 have recently been purchased by River Bluffs Development Corporation and will not be landlocked as presented on the site map. If the Road Resolution of Intent is adopted by the Board of County Commissioners, additional information will be forthcoming at the scheduled public hearing. County Engineering, County Fire Services, and the Cape Fear Public Utility Authority have not fully evaluated the road closing proposal during the road resolution process. NCDOT is aware that the road is proposed to be closed. If the Road Resolution of Intent to close a portion of Chair Road is adopted by the Board of County Commissioners, a public hearing on the matter would be scheduled for Monday, December 7, 2009 at 6:00 p.m. At the public hearing, eventful information will be provided from County Engineering, County Fire Services, the Cape Fear Public Utility Authority, and NCDOT pertaining to the road closure. Board of Commissioners Meeting > > ~m~~nna i i~v~.~~.vv~ 4-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION OFINTENT TOCLOSE /ABANDON A PORTION OF THE WESTERN END OF CHAIR ROAD (SR 1332) (Adjacent to Highway I-140) WHERAS, a petition has been filed pursuant to NCGS 153-A-241, requesting the Board of new Hanover County Commissioners to close/abandon the following described road adjacent to Highway I-140. Beginning at a right of way disc being located at station 169+36.69 (51+62.314m) and offset 114.83 (35.OOOm) of U.S. I-140 (U.S. 17 Wilmington Bypass) as referenced on NCDOT Highway Plans (Project:6.258001B). Said right of waydisc beingtheplace and Point of Beginning. 1) Thence from said Point of Beginning and running N 00° 09' 05" E 289.28' to a right of way disc. 2) Thence running N 81°54' 01" E 57.88' to a right of way disc. 3) Thence running N 28°38' 41" E 242.68' to a right of way disc. 4) Thence running N 32°52' 46" E 468.78' to a right of way disc. 5) Thence running around a curve to the left with a radius of 600.39' and a length of 300.61' and a chord of N 17°48' 51" E 297.48' to a right of way disc. 6) Thence running N 03°28' 14" E 580.92' to a right of way disc. 7) Thence running N 06°40' 47" W 271.64' to a right of way disc. 8) Thence running S 77°07' S9" W 45.97' to a right of way disc. 9) Thence running N 15°19' 16" W 108.27' to a right of way disc. 10) Thence running N 73°59' 40" E 274.58' to a right of way disc. 11) Thence running N 79°03' 13" E 203.94' to a right of way disc. 12) Thence running N 85°41' 26" E 254.05' to a right of way disc. 13) Thence running S 81°19' 30" E 162.73' to a point. 14) Thence running S 18°39' 20" W 189.46' to a point. 15) Thence running N 63°50' 31" W 187.06' to a right of way disc. 16) Thence running N 89°12' 19" W 171.91' to a right of way disc. 17) Thence running S 75°56' 37" W 190.25' to a right of way disc. 18) Thence running S 58°56' 05" W 58.24' to a right of way disc. 19) Thence running S 04°11' 42' W 737.06' to a right of way disc. 20) Thence running S 05°57' 43" E 76.15' to a right of way disc. 21) Thence running N 84°58' 13" E 179.18' to a right of way disc. 22) Thence running S 20°42' 04" W 71.22' to a point. 23) Thence running around a curve to the left with a radius of 4708.00' and a length of 419.28' and a chord of S 36°33' 03" W 419.14' to a point. 24) Thence running around a spiral to the left with a chord of S 32°46' 32" W 298.95' to a point 25) Thence running S 32°09' 28" W 731.65' to the place and point of beginning. Board of Commissioners Meeting > > ~m~~nna 4-2-1 Containing9.OOAcres and beings portion of U.S. I-140 (U.S.17 Bypass) and Chair Road (S.R.1332) as referenced on NCDOT right of way plans for Project: 6.2580016. NOW, THEREFORE, BE IT RESOLVED, thatthe New HanoverCounty Board of Commissioners is considering closings portion of Chair Roadto public use andthata public hearingonthis question will be held on the 7t" day of December, 2009 at 6:00 p.m. or thereafter in the Assembly Room of the New Hanover Coutny Historic Courthouse at 24 North Third Street in Wilmington, NC at which time the Board will hear all interested citizens and make a final determination as to whether the road shall be closed. ADOPTED this the 2nd day of November, 2009. Ted Davis, Chairman Attest: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting > > ~m~~nna 4-2-2 Q' 3 bni~ad `~o c~ a I J J ~ C1 U_ L m b~N~ L r N M~ N t0 h CO 01 O r N M~ u'1 t0 ' ~ t T T T T T T O ~ a J Q. 3 0 ~ _ ~ N C d +J N 0. N ~ ~ N p O ~ ~ 00000000 o~ U cUlJ (n ~ ~ z° d1 J J J J ~ J H H H H H H~ H ■ ~ ~ ~Qaaaaaaaa v Q Q Q Q a v 0 0 0 0 0 0 0 0 ~J o~~~~~~~~ ~ 3 ~ ~ = Up1 N N N _ ~ N a Q Q Q Q~~ Q O ~ O ~ O 0 0 O 0 ~ m - 3 N m Q ~ lyi lNi lNi lNi ~ lNi INi lNi 0 0 0 0 0 0 ~ Q O~V> ~ ~ ~'o0000NZ~>>>>>>>> ~s +r J J J J J J J J O>,' L ~~~~~JJ a ~,w W=~mmmmmmmm z ~ ~c~~~~~g~~~~~~~~~~~ ~ ~ ~ ~ a m~~~~ 4~ z ~ Q. ~~Q 4-3-1 ~ ~ ~ ~ ~ ~ ~ ~ ~ Dy~~~B i ~ r 3~1;b'111~21d `~o ZQ ,y t • a r Z~ ♦ III ~ r y ~~y to _ -T-~------______._ 1I _ O~L~~ co I o ~ • ~ ~ :'UY:': J , _ V N U ~ - ~:G'.:: L a--~ b N c~ L I r N M~ N t0 h CO 01 O r N M~ u'1 t0 rAw~1 \ ~ t T T T T T T V 0 L ~ J Q. 3 C L 2 - L C Q Q W - - AA :~~i':.''.'~:~.' :~t': :~.5.. :~~'S W 0 ~ ~ U Q d ~ 0 N O - 0 0 0 0 0 0 0 0 r 0 N E a U L Ut)UU ~J d LL ~ U cn ~ ~ z J J J J ~ J 0 J J J J H ~ C d V] N N N NN ~ ~ ~ ~ ~ ~ ~ ~ W > V! ~ > W W W W H d aaaaaaaa / a ~ ~ ~ o - 00000000 . aaaa a U J - - U V U U 0 V m ~ 0 0 0 0 N L 3 U1 fA N fA N C 2 H 2 d N fA f0 fA O ~ O ~ 0 0 0 0 - a N C ~N a m o W m a a a a . 0 a fA U1 N (R fA fA N N 3 \ - fA m W W W W LL W W W 0 0 0 0 ~ a o .0 Q1 LL W W W IL W LL W 0 a o a a a a ~V 0 7 > > > 7 7 > > Z N 0 O 0 0 ~~r - s - - J J J J J J J J 0 /1 • L N J J 2 ~ ~ ~ II m m m m m m m m 2 W !C ~.d W 2 ~ - ~ ~ ~ ~ .Q (7 ~ ----a' U 3 Q Y n 7 i L !C a o~ 0 m U U U U ~ J Z ~ ~ ~ ~ ~ ~ ~ ~ 1 .Q r+ L - d A Q mm. . mm- :::Board-tE:ori1S rfes:leti 7 - 7 7 4-4-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2009 CONSENT ITEM: 5 DEPARTMENT: Sheriff PRESENTER(S): Edward J. McMahon, Sheriff CONTACT(S): Chief Rhonda Smith & Lena Butler, Finance Purchasing Supervisor SUBJECT: Approval to Award Bid for the Purchase of Thirteen (13) Ford Crown Victorias with Police Packages to Capital Ford, Inc. in the Amount of $274,984.81 BRIEF SUMMARY: After due advertisement, sealed bids for the purchase of thirteen (13) Ford Crown Victorias with police packages were received and opened on Thursday, October 8, 2009 at 10:00 a.m. in Finance Conference Room 502 and the following bids were received in response to the County's solicitation: Capital Ford, Inc. $274,984.81 Capital Ford of Wilmington $275,626.00 Friendly Ford $303,498.00 Bill Smith Ford $306,150.00 The Board approved a budget amendment on August 17, 2009 to accept funds fora 2009 American Recovery and Reinvestment Act (ARRA): Justice Assistance Grant (JAG) for this purchase. This is a CountylCity grant award in the amount of $602,939.00 with the County's portion being $301,469.50. The City of Wilmington is the grant's fiscal agent and there is no County match required. RECOMMENDED MOTION AND REQUESTED ACTIONS: Award bid for the purchase of thirteen (13) Ford Crown Victorias to Capital Ford, Inc., the lowest responsible bidder in the amount of $274,984.81. ATTACHMENTS: Bid Summary Crown Victorias Resolution COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting > > ~m~~nna 5-0 * ~w ■ ~ ~ ! !1 ~ i ~ ~ { 1 ' 3 3 ~ ~ a ~I 3 ~ d ~ I ~ a { ~ I ~ ~ i ~ k w p F~ rr o~ Z ~ a' c ~ 2 ~ w w ~ 0 t7 Z ~ ~ 0 3 ~ ~ U j S a N o o 3 w ~ m I U ~ ~ ~ 0 m a~ a 0 U ~ .n m 3 ~ o a ~ ~ ~ ~ oo. ~ v o, ? w z~~:~ ~ 3 o w o ~ o m Q o ~ w U p, ~ U 0 0 ~ Z 0 Z' w ~ a r Q , 4+ W ~ w m I-- I ~ ~ 'J -r ~ 'U , ~ . ~ ~ ~ ~ ~i U , ~ ~ I~ ~ 1 `f ~I , ~A W F~ Z U F. , ~ ~ ~ o T R .:A ~ a ~s ~ Q N ❑ Z 0 F- Z ? +a ~ ®wa ~ ❑ a' , I- ~ ~ a ❑ z ~ m m ~ w'' I Board of Commissioners Meeting > > ~m~~nna 5-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD FOR THE PURCHASE OF THIRTEEN (13) CROWN VICTORIAS WHEREAS, after due advertisement, bids were received and publicly opened by the Purchasing Supervisor at 10:00 a.m., Thursday, October 8, 2009 in the New Hanover County Finance Office, Suite 165, Conference Room 502 located at 230 Government Center Drive, Wilmington, NC, and the following bids were received for the purchase of thirteen (13) Crown Victorias with police packages, RFB # 2010-10540; and Capital Ford, Inc. $274,984.84 Capital Ford of Wilmington $275,626.00 Friendly Ford $303,498.00 Bill Smith Ford $306,150.00 WHEREAS, Capital Ford, Inc. is the lowest responsible bidder, submitting a bid in the amount of Two Hundred Seventy Four Thousand Nine Hundred Eighty-Four and 84/100 Dollars ($274,984.84); and WHEREAS, staff has reviewed the bid and recommends that the bid be awarded to Capital Ford Inc; and WHEREAS, the Board approved a budget amendment on August 17, 2009 to accept funds for a 2009 America Recovery and Reinvestment Act (ARRA): Justice Assistance Grant (JAG) for this purchase and funds have been budgeted and are available for this expenditure in account number 11032150 800400 RS 001. NOW, THEREFORE, BE IT RESOLVED, bytheNewHanover County Board of Commissioners that RFB # 2010-10540 for the purchase of thirteen (13) Crown Victorias with police packages be awarded to Capital Ford, Inc., in the amount of Two Hundred Seventy Four Thousand Nine Hundred Eighty-Four and 84/100 Dollars 0274,984.84). ADOPTED this 2nd day of November, 2009. NE~U HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting > > ~m~~nna 5-2-1 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2009 CONSENT ITEM: 6 DEPARTMENT: Sheriff PRESENTER(S): Edward J. McMahon, Sheriff CONTACT(S): Edward J. McMahon, Sheriff SUBJECT: Approval of 2009 State Criminal Alien Assistance Program (SCARP) Grant Award from the Bureau of Justice Assistance (BJA) BRIEF SUMMARY: BJA administers the SCRAP, in conjunction with the Bureau of Immigration and Customs Enforcement and Citizenship and Immigration Services, Department of Homeland Security (DHS). SCRAP provides federal payments to states and localities that incurred correction office salary costs for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of state or local law, and incarcerated for at least four consecutive days during the reporting period. The New Hanover County 2009 SCRAP award is $211,768 and must be used for correctional purposes only. There is no local match requirement. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize acceptance of the grant and adopt ordinance for the associated budget amendment 10-081. ATTACHMENTS: B/A 10-081 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting > > ~m~~nna 6-0 AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-081 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-081 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff sOffice/Detention Ex enditure: Decrease Increase Sheriff sOffice/Detention: Su lies $201,768 Ca ital Outla - E ui ment 10,000 Total $211,768 Revenue: Decrease Increase Sheriff sOffice/Detention: State Criminal Alien Assistance Pro ram $211,768 Total $211,768 Section 2: Explanation To budget grant award of $211,768 from the Bureau of Justice Assistance State Criminal Alien Assistance Program, which must be used for correctional expenses incurred for incarcerating undocumented criminal aliens. There is no County match 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 10-081, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting > > ~m~~nna i i~v~.~~.vv~ 6-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2009 CONSENT ITEM: 7 DEPARTMENT: Sheriff PRESENTER(S): Edward J. McMahon, Sheriff CONTACT(S): Edward J. McMahon, Sheriff SUBJECT: Approval of 2009 Grant Award from the Bureau of Justice Assistance (BJA) for Purchase of Bulletproof Vests BRIEF SUMMARY: The Sheriff's Office has been awarded a 2009 grant of $14,573 from the Bureau of Justice Assistance (BJA) for the purchase of bulletproof vests. This is a 50-50 grant with a local match of $14,573. The Sheriff respectfully requests that General Fund Contingency funds be used for the local match requirement. The contingency fund balance prior to this request is $63,343. The Bulletproof Vest Partnership (BVP) is a unique initiative designed to provide a critical resource to state and local law enforcement agencies. RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize acceptance of the grant and adopt ordinance for the associated budget amendment 10-076. ATTACHMENTS: B/A 10-076 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting > > ~m~~nna 7-0 AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-076 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-076 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff sOffice/Uniform Patrol Ex enditure: Decrease Increase Sheriff sOffice/Uniform Patrol: Uniforms -Purchase $29,146 Finance/Nonde artmental: Contin encies $14,573 Total $14,573 $29,146 Revenue: Decrease Increase Sheriff sOffice/Uniform Patrol: Grant -Federal: 2009 BVP Grant $14,573 Total $14,573 Section 2: Explanation To budget grant award of $14,573 from the Bureau of Justice Assistance for the purchase of bulletproof vests. Prior to actions taken at this Board of County Commissioners meeting, the Contingencies Fund balance is $63,343. 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 10-076, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting > > ~m~~nna i i~v~.~~.vv~ 7-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2009 CONSENT ITEM: $ DEPARTMENT: Tax PRESENTER(S): Roger Kelley CONTACT(S): Roger Kelley SUBJECT: Approval of Release and Refund of Boat Slips BRIEF SUMMARY: In a recent Board of Equalization and Review meeting, two property owners along Airlie Road appealed their values. It was discovered that boat slips along Airlie Road were being taxed incorrectly within the City of Wilmington instead of in the Fire District where they are actually located. The attached list shows the other affected property owners and their related refund amounts. RECOMMENDED MOTION AND REQUESTED ACTIONS: Request approval of adjustments and refunds for these parcels. ATTACHMENTS: List of Boat Slips COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting > > ~m~~nna 8-0 Boat Slips New Value Amount Refund R05714-007-004-000 $1,596,583 $ 4,350.69 R05700-003-062-000 1,001,885 2,730.14 R05718-008-006-000 1,660,956 4,526.11 R05718-008-001-001 99,000 269.78 R05718-008-001-002 99,000 269.78 R05718-008-001-003 49,500 134.89 R05718-008-001-004 49,500 134.89 R05718-008-001-005 49,500 134.89 R05718-009-020-000 267,580 729.16 R05718-008-008-000 389,902 1,062.48 R05718-008-002-000 681,851 1,858.04 R05718-009-016-000 15,679 42.73 R05700-006-020-000 1,405,753 3,830.68 Board of Commissioners Meeting > > ~m~~nna 8-1-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2009 CONSENT ITEM: 9 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, 2010. 10-071- Social Services 10-072 -Social Services 10-085 -Social Services 10-078 -Senior Resource Center 10-082 - Sheriff s Office 10-084 -Juvenile Crime Prevention Council 10-088 -Health RECOMMENDED MOTION AND REQUESTED ACTIONS: Adoption of the ordinances for the budget amendments listed in the summary above. ATTACHMENTS: B/A 10-071 B/A 10-072 B/A 10-085 B/A 10-078 B/A 10-082 B/A 10-084 B/A 10-088 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting > > ~m~~nna 9-0 AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-071 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-071 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Department of Social Services Ex enditure: Decrease Increase ARRA/Food and Nutrition Services: Salaries & Wa es $22,842 Tem ora Salaries 12,756 Social Securit 2,833 Lon Term Disabilit 41 Retirement -Local Government 1,117 Medical 4,905 Total $44,494 Revenue: Decrease Increase ARRA/Food and Nutrition Services: Food and Nutrition Services Grant -Federal $44,494 Total $44,494 Section 2: Explanation To budget Food and Nutrition Services Program funds received as part of the American Recovery and Reinvestment Act (ARRA) for Federal 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 10-071, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting > > ~m~~nna i i~v~.~~.vv~ 9-1-1 AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-072 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-072 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Department of Social Services Ex enditure: Decrease Increase ARRA / Child Da Care: Da Care Services $315,318 Total $315,318 Revenue: Decrease Increase ARRA/ Child Da Care: Da Care Services Grant -Federal $315,318 Total $315,318 Section 2: Explanation To budget Day Care program funds received as part of the American Recovery and Reinvestment Act (ARRA) for Federal FY09-10 to be used to provide day care services to children. 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 10-072, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting > > ~m~~nna 9-2-1 AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-085 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-085 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Department of Social Services Ex enditure: Decrease Increase ARRA/Food and Nutrition Services: Salaries & Wa es $47,000 Tem ora Salaries 4,000 Social Securit 3,900 Lon Term Disabilit 135 Retirement -Local Government 1,595 Medical 3,500 Total $60,130 Revenue: Decrease Increase ARRA/Food and Nutrition Services: Food and Nutrition Services Grant -Federal $60,130 Total $60,130 Section 2: Explanation To budget Food and Nutrition Services Program funds received as part of the American Recovery and Reinvestment Act (ARRA) for Federal FY09-10. 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 10-085, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting > > ~m~~nna 9-3-1 AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-078 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-078 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Senior Resource Center Ex enditure: Decrease Increase Senior Resource Center /Senior Center: Overtime $437 Total $437 Revenue: Decrease Increase Senior Resource Center /Senior Center: Senior Center General Pu ose Grant -State $437 Total $437 Section 2: Explanation On October 19, 2009, the Board of Commissioners approved acceptance of the Cape Fear Area Agency Senior Center General Purpose Grant Funding. Asa "Center of Excellence" the Senior Center received additional funding. However, the amount awarded was less than had been budgeted. This is to budget a reduction in revenue and expenditures to match the actual grant award. 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 10-078, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting > > ~m~~nna 9-4-1 AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-082 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-082 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff sOffice/Administration/Detectives/Vice Ex enditure: Decrease Increase Sheriff sOffice/Detectives: Overtime $10,565 Sheriff sOffice/Vice: Overtime 588 Total $11,153 Revenue: Decrease Increase Sheriff sOffice/Administration: Miscellaneous Revenue $11,153 Total $11,153 Section 2: Explanation To budget Task Force reimbursement for deputies' overtime. 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 10-082, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting > > ~m~~nna 9-5-1 AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-084 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-084 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Juvenile Services/American Recovery and Reinvestment Act Ex enditure: Decrease Increase Juvenile Services/ARRA: Grant Ex enditures $50,000 Total $50,000 Revenue: Decrease Increase Juvenile Services/ARRA: Grant Ex enditures $50,000 Total $50,000 Section 2: Explanation To budget Department of Juvenile Justice Delinquency Prevention/Justice Assistance grant funds. Funds are supplied through the American Recovery and Reinvestment Act of 2009, and will be disbursed to the BRIGADE Boys and Girls Club. Funds will be used for community-based youth gang prevention. No County match is 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 10-084, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting > > ~m~~nna 9-6-1 AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-088 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-088 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/H1N1 Implementation and Public Health Bioterrorism Ex enditure: Decrease Increase Health/H 1 N 1 Im lementation: Tem ora Salaries $250,000 Contract Services 275,013 Health/Public Health Bioterrorism: Contract Services 5,000 Total $530,013 Revenue: Decrease Increase Health/H 1 N 1 Im lementation: NC Public Health Pre aredness and Res onse $525,013 Health/Public Health Bioterrorism: NC Public Health Pre aredness and Res onse 5,000 Total $530,013 Section 2: Explanation The New Hanover County Health Department has been notified by the State Office of Public Health Preparedness and Response of an award in H1N1 implementation funds. These are Public Health Emergency Response funds being distributed through the North Carolina Division of Public Health. Funds are to address gaps in capabilities for mass vaccination implementation and to support activities related to implementation of a mass vaccination campaign at the local level. These funds will be used to hire temporary help and pay salary/overtime costs associated with vaccine administration, pay costs associated with dispensing/distributing antiviral drugs, and other costs to support vaccine administration. No County match is 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 10-088, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of , 2009. (SEAL) Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Board of Commissioners Meeting > > ~m~~nna 9-7-1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2009 REGULAR ITEM: 10 DEPARTMENT: Planning PRESENTER(S): Jane Daughtridge, Senior Planner and Chris O'Keefe, Planning Director CONTACT(S): Jane Daughtridge, Senior Planner and Chris O'Keefe, Planning Director SUBJECT: Public Hearing Text Amendment (A-381,10/09) -Request by David McCall to Amend the Zoning Ordinance to Allow Eating and Drinking Establishments as a Permitted Use in the Office and Institutional (0&I) Zoning District when Certain Supplemental Standards are Applied BRIEF SUMMARY: At its October 1, 2009 meeting, the Planning Board voted 6-0 to recommend approval of the request with an additional condition to limit the hours of operation of restaurants in the 0&I district from 7:00 a.m. to 11:00 p.m. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning text amendment is (or is not): 1. Consistent with the purposes and intent of the policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to allow eating and drinking places in an Office and Institutional district when certain restrictions are imposed to mitigate impacts. ATTACHMENTS: Applicant Materials Staff Summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: A motion to deny was approved 5-0. Board of Commissioners Meeting > > ~m~~nna v 11~1/ 14, ki 10-0 ~ t t ~ ~a ~~e~~atr~ent ender Dr~~re . u~t~ ~ 50 ~l~n~n on ~4D3 ~1 f ~ ~ D-78~~ ~ G ~ha~~e ~f ` 4 9~OW79S~7~3 fix Rf ~~~~~i~~aRi~~,ti~4; .3.~ ~~►Car~ Name a~ ~e~xt~oner Date Pfaff CJse 4n~y ~ ~ ~ . ~ ~ ~ A~p~~catior~ ~u~~er ~ ` ~ - ~ ~ ~ ~ Address City, state, dip . . , ~ ~ ~ ~ ~ 1 ~ ~n~ail address '~elepl~o~ae Numluer Name of Text to lie ganged ect~~n of Text ~a ~e caged ~ ~ II iI~II~1111Y11 /---I iMl~Yll~" PIII~VIIIIY~IiY.Y~IyYYW1yY ~ ~etiti~n x~aust be re~~eed b~ the ~'iai~ni~~g ~epartn~ent far eo~.~~etene~ ~r~or to acceptance. A ~4~D.~D fee ~a~ab~e to ~ev~ ~an~~er Gaunacoa~x~~an~r the petition. Na upple~r~e~~tal t~~for~~ati~n ~ required a~ park a~ the ap~~~cation. oe~er, the ~~annin ~parttx~ent, ~~annin Board, and Board a~ ount~ ot~~r~i~~~xrs reserve the r~~at to req~xr e ~dditior~a~ ~n~`orinatio~a, x~ needed, to azure that the pra~ased test an~,endx~ent ~ accordance with a~X Jaunty p~~as and po~~cxes. petitions for ~ text at~end~~nent az e first referred to the New Hanover o~unty ~iann~ng Baar~. and then acted upon t~~e env ~anovez bounty Board of o~~nrn.~ssioner. ~ a~~piete ~t~tions and suple~~,entary in~or~x~atian ~nus~ be accepted by the P~a~~.~~n ~e~artmen~ ent~ ~~U~ v~o~k~ ~~ys be~`ore t~~e P~an~.~ng Board x~.eet~n to a~~o adegr~ate t~~~.e ~`ar procssxn and ad~ert~sement s r equired the forth Carolina ~e~~eral Statutes. '~nnin Board ~x~eetings are held t ~0~ ~n tae Co~xnr~~ssia~7er' A.sse~~.~~y ~aona the ~~d County Courd~ot~se, a~ 'third and ~r~ncess streets, x~~~a~nton~ ~Iorkh aro~~na, an the ~irs~ Thursday each ~x~o~~th. ~~the P~an~x~xa Baard a~~ro~es yaur ~etitior~, the reque,t v~r~~1 autan~atica~~y be re~e~~ed to the Board County ax~.~n~ssianers, I~yo~r petition is denied, you a~ ap~eai to tae Board o~Caz~~x~issioners. Tae ~~ax~~xn ~e~aart~r~ent can ad~zse you reard~r~ appeal procedures. p~i~~SD SAN af~ach add~t~oiia~ s~~e~ts ne~es~arv P~~~rl~~fn~a - `-ten v'~.rcvv~ 10 -1-1 TA-02107 ~ ~eq~et a tee .~dmen~ to e ~~o~e~ ot~ ~rd~nance. Tie o ~ to made ~ p~ov~s~~~ fog retaura~t ~e located ~ an ~Jse D~c~ t~an~t~o~ ear h~ch here is ou~e~t~~ not . d~~~netion for. ~.dd `Text Am~~,de~t ta; eo~~~~ fi.'~ 9: f~a~ing end f~rfnking f~~aoe ~ re~urn~ oca~ed in en ~f D~~ri~ f~eff be permi~ed provided f~~: ~ Tf~e reuran~ ~ecili does not erne afcof~ofio beverages; end The e~auran~ ~afl nod f~~re (rive-Through-J~ndovu; end The reurn# fi~cifi~y opere~e in new or existing uifding o~ safe oornp~tif~fe ~ri~h residentiaf dis~ri~s or an existing buifding o~ hitorioof significant. add Text ~e~dme~.t to: T~f~ : D~~r~~ euf~~~n, o~~~ 0: ~a~~~~n~~~ Use ~~rf~# Add o ~P" in the Tbf 1~r~icle f'V in the Permitted ~Je ategor~ "~e~in~ end Drinking f'iaes~ under the off lase f~i~rit. Board of Commissioners Meeting > > ~m~~nna 10-1-2 A-381(10/09) TEXT AMENDMENT Request By: R. David McCall ALLOW EATING & DRINKING PLACES IN THE OFFICE & INSTITUTIONAL (0&I) DISTRICT WHEN SUPPLEMENTAL STANDARDS ARE IMPOSED PLANNING BOARD ACTION: At its October 1, 2009 meeting, the Planning Board voted 6-0 to recommend approval of the request with an additional condition to limit the hours of operation of restaurants in the 0&I district from 7:00 a.m. to 11:00 p.m. PROPOSAL: Mr. McCall proposes that the county should permit Eating and Drinking places by right in an 0&I district when certain standards are imposed, specifically: (1) The restaurant does not serve alcoholic beverages; and (2) The restaurant shall not have drive-through windows; and (3) The restaurant facility operates in a new or existing building of scale compatible with residential districts or and existing building of historical significance. (4) The restaurant may be permitted if hours are limited to 7:00 a.m. to 11:00 p.m. STAFF COMMENTS: NCGS 153A-341 informs us that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether its action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." The planning board is to advise and provide comments to the governing board. The statute further states that zoning "regulations shall be made with reasonable consideration as to, among other things, the character of the district and its peculiar suitability for particular uses, and with a view to conserving the values of buildings and encouraging the most appropriate use of land throughout the county." The 2006 LAMA Land Use Plan policies note in several places a desire to provide adequate land for the various types of land uses. No specific discussion of Office & Institutional uses is found in the plan. Section 59.1-1 of the zoning ordinance describes the purpose of the Office and Institutional District as providing "areas where institutional uses, professional office uses and other uses compatible to uses of an office and institutional nature shall be encouraged to locate and to provide protection for this type land use from encroachment by other less desirable uses." The current list of uses is quite a bit shorter than the commercial or industrial districts, and focuses on offices as opposed to retail or commercial use. It also includes a possibility for residential use. Historically, 0&I has been considered an appropriate transitional zoning designation to separate higher intensity commercial use from adjoining residential districts. Online research of twelve (12) counties and three (3) cities indicates that six of the counties do not allow restaurants in 0&I districts; while two allow restaurants in 0&I with no drive thru service. In the three cities, Wilmington has two 0&I districts and allows restaurants in one district but not the other; Cary allows only indoor restaurants in Office district; and Asheville allows only with no drive-thru and no outdoor speakers. The Planning Board discussed these issues to arrive at its recommendation. 5-595 (10/09) Page 1 of 2 Board of Commissioners Meeting > > ~m~~nna 10-2-1 The counties researched were Onslow, Pender, Currituck, Buncombe, Wake, Chatham, Guilford, Durham, Orange, Forsyth, Johnston, and Lee. The applicant proposes supplemental standards for the use which would soften the impact and intensity of the use within the district. Eating and Drinking Places are currently allowed only in commercial or industrial districts or in planned development districts. To date, these districts have satisfied the apparent demand for eating and drinking places in the county. However, the proposal seems reasonable with appropriate restrictions. The use could be a positive addition in order to serve the office workforce within the district and might help offset vehicular trips. Staff supports the Planning Board recommendation for approval with the conditions listed. ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning text amendment is (or is not): 1. Consistent with the purposes and intent of the policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to allow eating and drinking places in an Office and Institutional district when certain restrictions are imposed to mitigate impacts. 5-595 (10/09) Page 2 of 2 Board of Commissioners Meeting > > ~m~~nna 10-2-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2009 REGULAR ITEM: 11 DEPARTMENT: Planning PRESENTER(S): Jane Daughtridge, Senior Planner and Chris O'Keefe, Planning Director CONTACT(S): Jane Daughtridge, Senior Planner and Chris O'Keefe, Planning Director SUBJECT: Public Hearing Special Use Permit (5-595,10/09) -Request by Tom Johnson (Nexsen Pruett) on Behalf of American Tower Corporation and New Hanover County School System for a Special Use Permit to Place a 90- Foot Telecommunication Tower at 225 Mabee Way on the Murrayville Elementary School Property in an R-15 Residential Zoning District BRIEF SUMMARY: At its October 1, 2009 meeting, the Planning Board voted 6-0 to recommend approval of the special use permit. No one spoke in opposition of the item. The area is classified as Transition on the 2006 LAMA Land Classification Map. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: Use the Script/Worksheet to make findings and 1. Grant the special use or 2. Add conditions to the special use or 3. Deny the special use ATTACHMENTS: Petition Summary Adjacent Property Map Applicant Materials Staff Summary COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 4-1, Commissioner Greer dissenting. Board of Commissioners Meeting > > ~m~~nna v 11~1/ 14, ki 11-0 Case: 5-595(10/09) Petition Summary Data SUP Telecommunication Tower Owner/Petitioner: New Hanover County School System Existing Land Use: Vacant land Zo~ History Area 8B (July 7,1972} R-15 Residential Land Classification: Transition Water Type: N/A ~r Sewer T~ N/A Recreation Area: N/A Access & TraffMic Volume: Access from Mabee Way to Murrayville Road. No traffic counts or LOS is available. Fire District: New Hanover FD 2 Watershed & Water Quality Classification: Smith Creek-C; Sw 303(d) Aquifer Rechar e Area: A primary or secondary secondary recharge area for Castle Hayne and PeeDee where occurring near land surface under water-table conditions. Conservation/Historic/Archaeological Resources: None Soils: Murville fine sand Septic Suitability Class III severe limitations Schools: N/A Other: Airport Height Ordinance applies Board of Commissioners Meeting > > ~m~~nna i i/ /O~ Q Z LL ~b/~~~~ ~ - N - - - _ - V aANY_Rp. . :•:BRIT° - PR►VATE ~ ~ - - W ~ pRIVATE N ~ ~ J ~ r r - N ~ ~ } MABEE.WAY r CE:CT ~ r A►-AMAN Z. ~ w Q PRIVATE M I I I._ Z -STONEHAVEN~CT r .WE~CH-WAY r r ~o 0 N ~ N LLl ~ ~ ~ N N r a aD ~ N h ~F r F ,Q N Y 0 U~RpCKWE~~ Rp :l ~ ~ o ~ FIV:E=AERE:RD ~ ~ _ ~ ~ ~ ~ . •R m p00 0 -1~~ z GP~~1. ,Q - r N M~ N t0 1~ 00 C1 O r N M~ I!1 t0 1~ 00 C1 O r N M~ y r r r r r r r r r r N N N N N C ~ (0 J p ~ ~ ~ ~ W ~ ~ 0 Y a Q N ~ (A N li c ~ ~ Q y p o ~ ~ Q ~ N ~ 0 ~ a ~ CVs ~ ~ Z J o ~ ~ ~ w c z3N J a~ ~ mw amp ~ - H~~o~ ~ a=aW V~° ~HHJ ~c a~ °-gym Y~ 3Jw ~aa~ a 3 ~ ~z d7 m c~ o L 0° Q~ a a ~a a w= 0~ ~ w w x - - msc?U ~NaY N °w~~ O~•~~o~L ~ 3 Jaam~ ~~u}aQmWwwa~g~H - O m~~'E> ao~°w~~ ~z°oz }~~Z JJ~ZHa g ~ aaz~ mWa ~a~u~oa~ ~ ~=aQ~YW~=w~N~z~== = w~gz N ~ ~s W- a UUY ~ U~ 0 C7 (7 W ~~EN~o`0 ~ Z2w UU?~zz~ NJ 1=40 0 Z m W Z Y Z J J J O U a N U J 0~-~p~cC3 - ~ a a~NON-wwwN w=Naa~u~JJY~aa ~ ~~~•~~z ~ ~Y>z~o~~~=~~ ~aa>Q==NaW~a ! ~,H~~~,~ gQQwwQQQQ000~QYYa~~~a>>0 UJ aoo~. ~~zc~wwv~wrrr>>r c J Q o m 11/02/2009 11-2-1 Board of Commissioners Meeting > > ~m~~nna 11-3-1 { ~~~~T ~ project ~arra~ive This Application is a Special use Permit for the construction of a ninety ~9~~ foot telecon~n~unrcatrons tower and related facilities on a ~ ~,~0~ square fact site at the rear of the urrayville l~len~ent~ry School site at Mabee day, iirnington, X8411. The property zoned R-~ . Te~ecarnmunications tov~rers are a special nse in the ~~15 listrict~ The site is wooded and will be cleared only to the extent necessary far construction of the tower and related facilities. A.cces will be by lVabee way, a private road off of l~iurrayvill load, a public right of way. The site is surrounded by the school site an the south and west, by a vacant tract to the north and a residence to the east, Th.e tower will be set back 1 ~0 feet from the property sine of the residential lotto the east, greater than tho required height of the tower sethacl~ from residential structures, The tower will be greater than ~ feet from the adjoining property line to the north. The tower site will be surrounded by an eight ~8~ .foot security fence. ~1Y1Ce th1S 1te 1~ heavily wooded, the existing vegetation v~ill remain to meet the landscape requirements of the coning ordinance. The location i in the Transition hand ~]se classification whose purpose "is to provide for future intensive urban development vn lands that have been or will be provided with necessary urban services.#' The proposed tower will provide wireless cornmunieations services that are necessary to support urban develaprnent. As evidenced by the enclosed staterr~ent, the applicant looked for passible existing sites within its required service area. Within this service area, there are na existing towers or structures to provide the necessary service. This tower will provide locations for at lease three additional future users. As evidenced by the enclosed affidavit, the tower will meet all prov1sior~s of the Telecorn.unictions Act of ~ F pules Sections 1.1311, ~ , ~ ~ r . ~ 30'~ and all other applicable federal, state and local laws. Ad~acer~t ~ru~e~l~ ~„~eln_d C~~~s The property to the south and east is owned by the dew ~anaver bounty hoard of education for ll~urrayville ~lernentary School. The property to the north i vacant and owned by Webster Trask. The property to the east is a reslden~ial lot with a single family residence awned. by Arian faker. general Rcguireent The proposed tower will nat materially endanger the public health ar safety if located where proposed according to the submitted site plan. The tower meets or exceeds the setback requirerrients of the ordinance and must be operated in accordance with all federal, state and NFCHAR1;5036~~.i•ZO~V-~i'dOF~~SOhf) ~~8a3~-00~~~ Board of Commissioners Meeting > > ~m~~nna 11-3-2 local laws and ordinances. The site also meets or exceeds a~1 requirements of "Section 69.1 . Teleeomrnun~ct~on or11n7.unication Fa.C111t~e5, cellular ar~d belated Towexs.:a ~e~eral uxreent As stated in General )~equirernent l above and shown in the submitted site plan, the site .eets all required conditions and specifications ofthe onrng ordinance. ~enera~ ~,equireme~f The ruse will not substantially injure the value o~'adjoining or abutting property. The ~onin~ rdinan~ce recognises that towers are a cornpatih~e use in residential districts so long as the requirerr~ents of Section 69,1 are met. This proposed site meets or exceeds the .requizen~ents of eetlon 69.17 s well as any additional requirements ofthe anzng Grdinance. The site i heavily wooded and will be cleared only as necessary to build the tower. The tower will be limited to r~nety ~90~ Feet in height. The site plan provides a larger etbac~ from adjoining residential properties than is required under the ordina~aoe. Towers exist ~n many residential areas and do not injure the value of adjoining properties. In fact, goad access tv wireless services has become so important that improved wireless access enhances property values. ~~erl Regulrcment The location and character of the use ilk developed according to the plan as submitted and approved will be in harmony v~ith the area in which it is to be located and in general conformity with the plan of development far New Hanover oun~y. ,~s stated previously, this site is in the Transition hand use ~lassi~cation which is intended to allow uses that support intensive urban development. fireless communication services are essential to urban development. The honing ordinance recognises the need to provide towers with wireless services in residential areas by allowing towers as a special use in residential districts, This site meets or exceeds the requirements under section 69~ l and the remainder of the honing rdinanee including tie additional setbacks from residential property lines and structures Finally, this site will provide additional space for future wireless users in an area where no tov~rers currently exist. ~~c~~~~;~os~sa.~•zo~v-~~~o~r~so~~ ~sa~~~-oo~~~ Board of Commissioners Meeting > > ~m~~nna 11-3-3 Chris ~`eefe planning l~ixeetor ~le~v ~ano~►er Caur~ty Plan~.ng Department , ~3~ nvemment Center l~ri~~e, quite ~ 'ilm~ngt~n, 2$~~~ I~e~ AT~T'~ower Site No. ~?~-0~3 ~urray~~ille ~~51vlabee day, rilmingtaz~, NC Deer NIr. C?'~cefe: In acca~clance with the rcq~irements set Forth in section l'1(l~} oftlxe New anovcr County ~anin~ ordinance, ~,TBcT conducted a ~horaugh sea~c~t off` ~e area to be ~~tve~ by ~e propase~ tawex site at 225 l~at~ee day ~"Ar~~osed bite"~ for any existing tower, antenna or useable structure on wlxicb AT~~' could ~vcate its antennae. A map of the sea~reh ring #'or nc~ required s~rvi~e axes is attached for your reference, AT~CT's search did naC reveal any exiting fewer, antenna or useable sixuct~re within the service area. T~ierefc~e, it is r~ecess~ry for A'1`~i`I' to build a new tower at the ~ropvsed Site ire order to meet its co~era~e objectives, Very trn~y ya~rs, Nenad tanis~~vljevic ,l~csign Eng~eer ITT Mobility l~e~ign l~nginee~ng , I~a~eig~ ~C Tel: ~1~ 8~~ 322.5 e-mail; ncnad.stanisavl'evic~ u)a#t.com Board of Commissioners Meeting > > ~m~~nna 11-3-4 gage ~ o~ ~ear~h Area N~~p for ~78~~Q93/N~urraysviile ~~~~w~ ti L ~ ~ T~*~ I ~ ~ ~ 4} i l~ M' ~I ~I~ - y ~ r x~. - ~ '1 _ ~ ~ i ~i ~ ~ ~ ~ ~ ~ ~~n~~~ fir: ~ I r+.r~+ .~4! 1 ~ I ~ rf r ~ -s'~ ~ IF ~ I ~ #~y;~~~ ~ ~ ~ ~ ~ ~ ! ~ J Neil, ~ r SCI +r~J ~ti. ~ r ~ ~41 Z~ ~ril75r~, - Murray~ri~fe f~ ~y~~ /~+a/p~~ _ ~ 1 _ ~--y 1 ~ I ~ f ~ f ~m A ~ ti~ Ilfr/ I fF•f y ~ ~ _ ~ J a" JJ ~J i ` ~~~~~~J ! J 1~ ~I + { j ~ r ~ ~ ~ {f `.rte ~ ~ r t < ~ - ti ~ ~ r r~ ~....____.,r.,.~/r~~ data ~'S °~Y~rl7"~~ ~ 1at~. ~ ~ SIN _ ..r.: ~ ~ :fin4. .~"'~..~"~Y } f/y y i r + ~1~y Board of Commissioners Meeting f A f f~ h4-4'rt•~JM!'fl Fi't'Y ~C Ie11i 1 IAAM~7~ ~ ~ FBI IlNf N~ 11 f~M > > ~m ~~nna Xl~Ll7~ll~~ 11-3-5 Sits Acu~s~t~on Request Form ~ARF) ~r AT8~~ ~o~il~ty h~~twork Cin~ular ~~su~ Date; ~~~7J~OOB Cingu~ar Site Name: 478P~~~1Murraysvilie Cing~uiar Pr~je~t Number: ~ateg~ry; ~n-Fill FA L~Ca~iun Number: bounty, ~~a#e: , N Site Type: Greenfield due Date for candidate i~es~ ~~~~J~0~8 dell Sloe ~t~q~irernents; Apprnxima~e La~i~ude; 34° a3,9" N Approximate ~,~~t~i~ude: 77° 5~' 4Q.G" ~ Apprvxima~e Grr~und Elevation 4~ feot AI+~SL Appr~xinr~ate Antenna Centeriine: feet AGL Approximate Te#ai Height: 1~D feet AMSL Search Area i~adiu~: D,5 mikes ►~~F A~imu#h~: C~ Si#~ ~~a'ectiv s Notes The a~ached neap re~re~er~ts the ~e~rch area far the new In~Fill yell site, ~~8P~~9~ f Murraysvii~e~ The side ah~ec~ive i~: 7a i~t~rove coverage in ~e~iden~i~l dredS ~ion~ Murra~vi[le Rd north of ~Nilming~an. _aave ~aCava 3f 271~~08 T RF Piar~ning Engineer A~a~hrr~en~: earci~ Area ~iap . Board of Commissioners Meeting ~ rr ,.in ..y., ~~_...~rn ~ nr.n..,._~ 11 IMI~MQ 41~~iJ~f1~10 11-3-6 ~~~~~~~1~ ~ ~E~, ~ndersig~~ed, a~.~ being duly ~v~azn, stales as fallav~: I ~ ~ a~x~ Masan rp~eclose v~i~h ~nneriean Toes' ar~o~a~~~n. 2~ ~~~eriean Tower or~ora~ion is propos~~g to ~oc~te a te~~eartunYCa~~o~s ~~v~ at ~~5 ll~abee '~y, i1Zr~~to~~, N. 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No one spoke in opposition to the item. Preliminary Staff Findings In its review of the request, the Planning Staff made the following preliminary "findings of fact. "Findings should be made by separate motion(s) and vote(s) prior to any motion to grant or deny the 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. No water or sewer will serve the property. B. The property accesses Murrayville Rd. via Mabee Way, an access road to Murrayville Elementary School. C. Level of Service on Murrayville Rd. is rated as B, meaning traffic volumes are less than the design capacity and traffic flows freely. D. Average daily traffic counts along Murrayville Rd. in the vicinity increased by about 4.6% between 2007 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 New Hanover County Fire Department 2. G. The property is not located in a flood hazard area. H. The location is within the airport approach zone but the proposed height of 90 feet is below the 300-foot height at which special FAA permission would be required. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. 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 zoning district. Communication towers are allowed by special use permit in this district under certain conditions as well as technical standards outlined in Sec. 69.17 of the ordinance. B. The facility and its appurtenant uses shall not be located closer than 90 feet to any residential dwelling. The nearest residential property line is 120 feet from the proposed monopole. C. The request proposes collocation accommodation for up to 3 additional providers. The ordinance requires at least one collocation opportunity. 5-595 (10/09) Page 1 of 2 Board of Commissioners Meeting > > ~m~~nna i i~v~.~~.vv~ 11-4-1 D. A written certification has been submitted that American Tower Corporation agrees and certifies that the construction or placement of the structure meets the provisions of the Telecommunications Act of 1996, the National Environmental Policy Act of 1969, FCC Rules, Section 1.1311,1.1312.1.1307 and all other applicable federal, state and local laws. E. All other local, state and federal requirements must be met, including possible property upgrades to meet building codes and fire safety codes. Staff Suggestion: The evidence submitted indicates that the proposed tower will meet or exceed all of the technical requirements of Sec. 69.17. 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 surrounding properties. Residential uses and vacant land dominate the immediate area. B. Wireless communication towers are not a public necessity but public reliance on wireless communication has experienced significant growth over the past 10 years. Staff Suggestion: The evidence in the record at this time supports a~nding that the use will not substantially injure the value of adjoining or abutting property. 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 Transition. The purpose of the Transition class is to provide for future intensive urban development on lands that have been or will be provided the necessary urban services for maximum efficiency inland utilization and public service delivery. B. Policies in the 2006 Land Use Plan do not specifically address telecommunication towers, although the plan encourages provision of adequate land and suitable locations for various land use types. Policy 5.7 states that the county will preserve the character of the area's existing residential neighborhoods and quality of life. Staff Suggestion: The evidence in the record at this time suggests the use will be in harmony with the area and supports a finding that the use is in general conformity with the County's plan of development. ACTION NEEDED: Use the Script/Worksheet to make findings and 1. Grant the special use or 2. Add conditions to the special use or 3. Deny the special use 5-595 (10/09) Page 2 of 2 Board of Commissioners Meeting > > ~m~~nna 11-4-2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2009 REGULAR ITEM: 12 DEPARTMENT: Planning PRESENTER(S): Jane Daughtridge and Chris O'Keefe CONTACT(S): Jane Daughtridge and Chris O'Keefe SUBJECT: Public Hearing Special Use Permit (5-596,10/09) -Request by Tom Johnson (Nexsen Pruet) on Behalf of American Tower Corporation and Marvin Congleton for a Special Use Permit to Place a 140-Foot Telecommunication Tower at 1300 Big Cypress Drive off of LT Congleton Road in an R-15 Residential Zoning District BRIEF SUMMARY: At its October 1, 2009 meeting, the Planning Board voted 6-0 to recommend approval of the special use permit. One person spoke in opposition to the item stating that his property is better suited to locate a tower and that he has a contract in place with a telecommunications company to locate a tower on his property. Two letters of opposition were received expressing concerns for future residential subdivision development in proximity to this location and concerns for harmony with the area. The area is classified as Watershed Resource Protection on the 2006 LAMA Land Classification Map. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: Use the Script/Worksheet to make findings and 1. Grant the special use or 2. Add conditions to the special use or 3. Deny the special use ATTACHMENTS: Staff Summary Petition Summary Applicant Materials Adjacent Property Map Opposition Letter Opposition Letter COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5-0. Board of Commissioners Meeting > > ~m~~nna 12-0 SPECIAL USE PERMIT 5-596,10/09: Cellular Communications Tower (140 feet) Request By: Nexsen Pruit (Tom Johnson) for American Tower Corporation and Marvin Congleton Location: 1300 Big Cypress Drive PLANNING BOARD ACTION: At its October 1, 2009 meeting, the Planning Board voted 6-0 to recommend approval of the special use permit. One person spoke in opposition to the item stating that his property is better suited to locate a tower and that he has a contract in place with a telecommunications company to locate a tower on his property. Two letters of opposition were received expressing concerns for future residential subdivision development in proximity to this location and concerns for harmony with the area. Preliminary Staff Findings In its review of the request, the Planning Staff made the following preliminary "findings of fact. "Findings should be made by separate motion(s) and vote(s) prior to any motion to grant or deny the 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. No water or sewer will serve the property. B. The property accesses Myrtle Grove Rd. via LT Congleton Rd and Big Cypress Way. C. Level of Service on Myrtle Grove Rd. is rated as D, meaning traffic volumes are nearing the design capacity and traffic flow is beginning to feel the effects of higher volumes. D. Average daily traffic counts along Myrtle Grove Rd. in the vicinity decreased by about 6% between 2007 and 2008. E. Traffic Impact Analysis is not required because traffic for this use will not reach the threshold of 100 peak hour trips. The use is anticipated to generate less than one peak hour trip per day. F. Fire Service is available from the Myrtle Grove FD. G. The property is not located in a flood hazard area. Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially endanger the public health or safety where proposed. 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 zoning district. Communication towers are allowed by special use permit in this district when certain conditions are met as well as standards outlined in Sec. 69.17 of the ordinance. B. The facility and its appurtenant uses shall not be located closer than the proposed height of the tower to any residential dwelling. The nearest residential property line is 143 feet from the proposed monopole. 5-595 (10/09) Page 1 of 2 Board of Commissioners Meeting > > ~m~~nna i i~v~.~~.vv~ 12 - 1 - 1 C. The request proposes collocation accommodation for up to 3 additional providers. The ordinance requires at least one collocation opportunity. D. A written certification has been submitted that American Tower Corporation agrees and certifies that the construction or placement of the structure meets the provisions of the Telecommunications Act of 1996, the National Environmental Policy Act of 1969, FCC Rules, Section 1.1311,1.1312.1.1307 and all other applicable federal, state and local laws. E. Meeting all local, state and federal requirements can include additional property improvements to satisfy development codes and fire safety codes not otherwise specified in these findings. Staff Suggestion: Evidence submitted indicates that the proposed tower meets or exceeds the technical requirements of Section 69.17. 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 surrounding properties. Vacant land and scattered residential uses dominate the immediate area. B. Wireless communication towers are not a public necessity but public reliance on wireless communication has experienced significant growth over the past 10 years. Staff Suggestion: The evidence in the record at this time supports a~nding that the use will not substantially injure the value of adjoining or abutting property. 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. The purpose of the Resource Protection class is to protect water resources by minimizing new impervious surfaces. This site will consist of minimal impervious surface. B. Policies in the 2006 Land Use Plan do not specifically address telecommunication towers, although the plan encourages provision of adequate land and suitable locations for various land use types. Policy 5.7 states that the county will preserve the character of the area's existing residential neighborhoods and quality of life. Staff Suggestion: The evidence in the record at this time suggests the use will be in harmony with the area and supports a finding that the use is in general conformity with the County's plan of development. ACTION NEEDED: Use the Script/Worksheet to make findings and 1. Grant the special use or 2. Add conditions to the special use or 3. Deny the special use 5-595 (10/09) Page 2 of 2 Board of Commissioners Meeting > > ~m~~nna 12-1-2 Case: 5-596(10/09) Petition Summary Data SUP Telecommunication Tower 140' Owner/Petitioner: Marvin Congleton/American Tower Group Existing Land Use: Vacant land Zo~ History Area 4 (April 7,1971) R-15 Residential Land Classification: Watershed Resource Protection Water Type: N/A ~r Sewer T~ N/A Recreation Area: N/A Access & TraffMic Volume: Access from Big Cypress Way to LT Congleton Road to Myrtle Grove Rd. ADT on Myrtle Grove Rd: 2007=8,838, 2008=8,300 or -6% LOS is D. Fire District: Myrtle Grove VFD Watershed & Water Quality Classification: Seabreeze - SA;HQW Aquifer Rechar e Area: A Primary recharge area of principal aquifer (combined Castle Hayne and PeeDee aquifers -confined and artesian). Conservation/Historic/Archaeological Resources: None Soils: Murville Fine Sand Septic Suitability Class III severe limitations Schools: N/A Board of Commissioners Meeting > > ~m~~nna 12-2-1 l Board of Commissioners Meeting > > ~m~~nna 12-3-1 ~~~T A Pro ~ec~ N'rra~ive This Applicatiar~ is a Special use Permit far the construction ofa one hundred forty ~14a~ foot telecan~rnunicatians tower and related facilities Qn a 15,~~5 square Foot site on ~ vacant, undeveloped site at 1 ~ 8 ~T angletan Road, ~Vilrr~ington, ~ X5409, The property is zoned - ~ 5, Telecammun~cat~ons towers are ~ special use ~n the R- ~ ~ D~strrct. The site is wooded and gill be cleared only to the extent necessary ~`or construction. of the tower and related facilities, Access gill be by a private access easement o1`f of Big Ypres ~ri~e~ The site is surrounded on all sides by vacant, undeveloped land. The tower will be set ~b.ck at least 14 feet from any property line, greater than the height of the tower. There are no structures near the site. The tower site will be surrounded by an eight ~S~ foot security fence. since this site is heavily wooded, the existing vegetation wild remain to meet the landscape requirements of the zoning ordinance. The location is in the watershed Protection hand use lasi~cation whale purpose is to protect v~ater resources by n"llnrmlzln~ new ln]pervl0u~ sul'~aCe. This site will consist of minimal impervious surface. Additionally, the site is bounded by the Transition hand use classification . l+iich is intended far urban developrr~ent. The proposed tower will provide wireless ~ornmun.icatians services that are necessary to support urban deveiopmeut. As evidenced by the enclosed statement, the applicant looked far passible existing sites within its required service area, 'ithin this service area, there are no existing towers or structures to provide the necessary service, This tower will provide locations far at lease three additional .tune users. As evidenced by the enclosed ~f~davit, the tower will meet all provisions of"the Telecommunications Act o#' 199; F Mules sections 1, 111,1,1 ~ i l . l ~ 07 and all other applicable Federal, state and local laws. scent Pro~er#~ Owners anc~ Uses ~ ~ ~ ~ nuw~~~mumrunir~n~.~ Sheet A-O of the submitted drawlr~gs shows the surrouriding property owners and ~nd~cates that most surrounding properties are vacant with carne single Farnil~ residences, however, any single family residences are located a great distance ~rorn the site, energy ~~,quire~e~,~ The proposed tourer will not materially endanger the public health ar safety if located where proposed according to the su~rnitted site plan. The tower meets ar exceeds the setback requirements of the ordinance and rnusf be operated in accordance with all federal, state and Local laws and ardrnances, The site also meets or exceeds all requirements of {`Section X9.17: Telecammunicatian ~ornunication Facilities, cellular and Related Tourers," ~~c~~~~ ;~a~ea~.i •~o~-{r~o~~so~a o~s~~2•a~oo~ Board of Commissioners Meeting > > ~m~~nna 12-3-2 general Re u~r~ment .s stated in Ccncral Re~u~ren~ent ~i above and shown in the submitted site plan, the site meets all required cond~.t~on~ and spe~ifct~ons o~`the honing ordinance, general ~quYremen~ # r The use will not substantially inure the val~re o~adjoining or abutting property. T.he caning ordinance recognises that towers are a compatible use in residential districts so song a5 the requirements of section ~~.17 are net, This proposed site meets or exceeds tl~e requirements of ectian x.17 as well as any additional re~uirernent5 of the caning ordinance. The site is heavily wooded and well be cleared only as necessary to bu11d the tower. The tower gill be l~rnited to one hundred forty ~i~~~ beet in height. The site i5 distant from any occupied properties to limit any adverse impact of the site. To~nrers exist in many residential areas and do nat injure the value ofdjoining properties. In "act, goad access to wireless services has become so in~partant that improved wireless access enhances property 'values, ene~a_~,ur„eme The location and character of the use ilk de~reloped according to the plan as submitted and appro~ed~wili be in harmony with the area in which it is to be located and xn general canfarn~zty with e plan of deve~op~nent for N'ew Hanover bounty, As stated previously, this site is in the watershed Protectien land Use Classification but adjacent to Transition land Use lasx.~cation which is intended to allow uses that support intensive urban development. This Site will have minirrial impervious surface, much less than other more intense development. V+~ireless carr~munication services arc essential to urban de~reloprnent; however, placing this site in a wooded, vacant area rrzini~i~es the impact on adj acent residential uses ~ The Zanin~ ~rdinanc~ recognises the need to provide Powers with wizeless scrices ire residential areas by allowing towers as a special use in residential districts, This site exceeds the requirements under section G9. l 7 and the remainder of the honing ordinance including the large setbacks from residential property lines and structures. liinall~, this site will provide additional space far future wixele users in an area where no towers currently exist, N~~~AR~:5~3G83,1-~~N-(~'~~~iN~4~i} Q38~32-OOD08 Board of Commissioners Meeting > > ~m~~nna 12-3-3 4 Cixris ~'ee,~e planning Director ~Cew~ ~ianover Catmry Planning Depaztmer~t 2~~ Government Gen#er Drive, Suits i t VV~~mingto.n, N~ ~$4~3 Re. .AT&`~ Tower Site N~. X78-1 Bid ~rpre~s i~ l 8 LT Gong~eton l~asd, VL~ilm,ington, N~ Dcax fir, ~'ecfc: ~n accordance with the requixements set forth in ectioo 6~.17~D) of the ~cw ~z~o~rer County honing ~zdinance, AT&'r candueted a thofau~tz search o.~ area to be served by the prop~se~ tower site at i 8 ~T onlef~n Road ~"Pr~pased bite"} for any existing tower, ar~tetu~a o~ useable st~ucturc on which AT&T could ~~cate ids ar~lennae. A. map o~tl3e sear~~~ King for the required service aria is attached for your rcferer~ce. AT&T's seazch dxd got reveal any exis#ing tower, antenna or useable ~truct~ue within the service aria. Tt~er~fore, it is necessary #'or ~~'&7` t4 build a new tower at the Proposed bite ~ oz~er to meet its coverage objectives. fiery t~iy yours, ~~r.. ~Ienad Manisa jevi~ ~t~' Design lrngixxe~r ATB~T ~Sohili~y Design ~ngirreering , Raleigh NC `l~el. S~~ 322 ~-rnafl: ~e~a~,sta~~savl,~evic r~att.com f Board of Commissioners Meeting > > ~m~~nna i i/v11~./14.vv-f ■ 12-3-4 ■ Page ~ o~ ~ ~ar~ch Ares Map for ~4~~R~1~~ JBi~ ~ypress~ , r ~ ~ ~ 1 qtr 'ti. ~ ~ ~ ~ 111 i " ~~~3 ~ ~ ~ V d ~ !i f ~ I ~ ~ ~ w I { r J 151 t ~ 74 ~ 1 ~ LF ate, ~ ! ~ ~ ~ ~t wx a ~ 4 I ~ " ~r lffffyJ y ~4~~ w ~f~w~ ~,f~ F~ F ti ~C , ''w4 ~ ~ rr ~ ; ,r.,..; ~ ~ ~ ~~Y y" r t ~ •TM `~r R 1 ~ 1~r~~ff~~ ~~k~s ff ~ r 1 , r r~~,. ~ ~ ~ L~ ~ ; Map Termer of Use Board of Commissioners Meeting > > ~m~~nna I , Q MA /I Ana Page 1 ofd i~~ Aq~ii~ion ~~ue~ dorm [I~RF~ ~~r ~T~' ~~~~I~ty ~~~vor~ ~inge~lar issue [date: ~~.~~S~~~UB in~ui~r bite Name: ~78p~113JBig cypress ~irtgu~at~ pra~ecir Nubor: Category: in-Fill FA location Number'; 1D1~.~~80 Cauntyr date: , NC ate ~'ype; Greenfield p~[e date far Candidate bites; ~.J~J~0~9 Celi it Req~riremen~s: Approximate Latitude: 34° ~7' i~~.6" App~axima#e Longitude: 7~~ O1E1"'~ App~raxima#e Ground ~~evatian: ~ feet AMYL Approximate Antenna Centeriine; 1~~ feet AGL Approximate Height: search Area Radius: Ord mile ~ARF Azimuths: dell bite ~~~~cti~es,/Noes The attached map represents tie sear~~ area for the new Ir~'Fi11 gel! site, ~~~pia11~/Big Cypress. The site o~~ective is~ Required to address in-building "coverage dale" in ~ilmir~gton beae~ areas . No existing towers in immediate area. Greenfield location have LaCava 11 ~5[~ODB RF Planning Engineer Attachments: earcl~ Area Map Board of Commissioners Meeting > > ~m~~nna i i/v11~./14.vv-If F, r r IF r i .6 ► r•~rt T% r■n 01*1 d in nnn 12-3-6 ~~~T~ AR~~,~A ~~R~.ET~I~ ~~~TY A~FF~~~T N~}~U' CAME, the ur~der~lned, and being dull swo~~, ~tate~ as follows; ~ a ~aso~ rose~~ose with American Tov~er orpe~'at~~~~ ,A.naeriea~ Tower Corpora~~on is proposing to locale a ~e~~cort~u~~c~t~ons goer a~ ~ ~ 1 ~ ongleton Road, wiln~on, . 3. The co~truetion or placement of the p~opas~d ~elecomir~unxcat~o~s tower will moet the pro~risior~s of the Teleeom~aunicat~on~ Act of 1~~, the a~.onal ~nvi~ro~me~ta~ F~licy pct a~ ~ 96~, ~C Re Sections ~ . ~ ~ ~ ~ ,1 ~ t~, I.1 X07 and a~~ o~~er appli~a~le federal, Mate aid lo~a] lags. 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QIJ,' M n o SV~~~ Q N t0 ~OS ~ ~ F`~~ / Q ~ S~~a ~O ~ M ~J~i z ~ ~ 1~: oQi N ~yo ~ ~ ~~b~ll N ~d 1S;18Ny~~ n r r r ~ r r YI r ~~1/ L.1. r 1 VO~O , . ~ .~,~b~od QQp~1P db P ~ m o a W ~ hQ z aa-HO_IIHS h N a 1111 ? i missioners m 1102/2009 4 1 t r r # iF ~F r 3 ~ ~ I r ~~f 1 • t i ! ~ < 9 e . ~ I~ ~ M I ~ } } f ~ # ~ ~ j i 1 ~ I • ~ ~ ~ ~ ~ ~ ; ' > i 1 7l ' ; l j`j~ II[! 1 If 1 S y ~ ~ 1 Y a 4 ~ } 1 a F 1` I i 1` + I I ± ~ ' 1 i +I i « 5 i • f - ~ F - 1 ~ ~ , ~ ; s S i ~ I ~ ~ ~ l r • I r ~ Y ~ ~ ~ } Board of Commissioners Meeting > > ~m~~nna 1 1/ V L/ LVV l ~ 12-5-1 ~o~i ~~urit~r ~is~ili~y ~r~~~' ~~r~~er~~atz~~ ~n~ ~~r~~ ~'~~n ~~~~~~I~~~ ~~~~on~l In}~ ~~r~~ Sp~c~a~is~ ~ ~1'~~~~rs' ~om~~r~s~~'Qn haw '~II~'~~rr~i~~t~n, ~ ~~~rd ~~~'~c~ ~p~~~~~~~ ~r~ axial ~'~~~rr~~y ~~s~bili~y F. i~l~r T~~~ho~; ~ZO-~7~3•a~~~a Fa,~~ixni~~: ~~-~~~F~~~B ~ptn~b~r~$~ ~h~i~ ~~.~ef~ ~~T1I~~~`A~i, P~~tu~i~~ ~ir~ctor N~~ H~~~~v~r ~~~~t~ ~l~.t~~i~t~ ~~p~r~~~ent ~ av~r~ur~~~~ c~~tcr ~riv~ uit~ i~i~~o~n~ ~ ~~4~~ } ~e~r fir. ~'~~f~: Th ]cttit~ ~~a~v ~f ~h ~~~I~~~tion ~~r ~ ~ ~c~al use ~rn~t fog a ~ ~ Cc~t ~ uni~.ti to~~~ tQ b~ ~it~~ in the ~ ro~r~ found area. ~ ~~ron1~ object to that location ~ r~~~r~~t that tY~~ ~w H~,n~v~r ~~nty ~~an~it~~ ~aar~ r~~~o~ the u~ ~~m~it. The ~rou.~d~ ~r ob~cctio~ a~~~ 1, Thy ~aro~~s tov~er i~ iuux~~~iat~~~ a~~~~cr~t to rc~i~enti~.~ ro ~ that ~ ~ hay b~~n ~r~~a~~d, ever the past too ~ca~~~ for ~ai~ h~~~ d r~iden~iai e:~~ani~~ i~ sauthca~tcrtY a~~rr~~ o~~~y. ~o~~ i r ~o ~tac~~ ~io~ at the ~~t~t~r focai poiu,t o~'that r~~i~~ntial p~o~~~ for Thy ~ra~o~d tc~cr ccatio~ i ~~~n ~n~,h~i~" m~~~ ~xi~tin~ tower , ~'~ciii~i~ in two ~ifferen~ directi~n~, 7 una~var~ o~ and xenon ~d~itio~,ai to~r~r canna b~ ~~ao~d at o~c o['~ho~c 1~~atia~~. Bo~~ ~ftho~ ~n cor~crcia~ di~trict~ and. ~r~ alr~~~y ~h~t lar~~i u.~, Board of Commissioners Meeting 12-5-2 ~ . Ti~~ prap~r~~ ~n w~x~~h ~ow~r i ~rap~s~~. w~t~, i,~ vn~ ~f a~~t~t~~ ride pinin ~r~~~~~~ aftl~~ ~a~~, pxa~.i~ar~y ~.~~~~n~t~~ ~rapa~. ~~unt~ tare and t~~t~r~i, ~atc~~~.~~ ~.d pr~~~r~~. ~~~.~n, I~ is a~n~~l~~~l ~Qn~xdi~~a~~ ~h~ fang p~,n 'ar tl~a~ ~~~i~~ ~'au~ c~u~. ~n c~a~~n~ ~ wa~~~ m~~~ia~ t~a~~ ~~p~~~ch~~ ~~ant pu~in.~ t~.~ ~QW~r ~n rn~ pra~y~ ~ ~a~ ~x~~~ ~~a r~~~an~ oaf i`ot~ ~~n ~~i~ ~c~~~~~ I hap ~h~ ~1~~~ ~a~~. ~i~~~~ nab ~~y ~h~ ~~rr~~t, h~ ~vi~~ ~~C1~Y~3~1 ~r~ ~ii~ appliaa~i~n. r ~ J~ ~ r~ a~~~~a Tr. am at ~~v ~~4 F 41{r Board of Commissioners Meeting 12-5-3 From: Donna Girardot [donna@wilmhba.com] Sent: Thursday, October 01, 2009 11:08 AM To: Donna Girardot Subject: Planning Board Agenda - Item 3 Importance: High Item 3: -Special Use Permit.(5-596, 10/09) - Request by Tom Johnson ~Nexsen Pruet) on behalf of American Tower Corporation and Marvin Congleton for a special use permit to place a 140-foot telecommunication tower at 1318 LT Congleton Road in an R-15 Residential zoning district. The area is classified as Watershed Resource Protection on the 2006 CAMA Land Classification Map. Dear Planning Board Members: Preliminary Staff Finding #4 states that "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. The question certainly begs to be asked if staff would find this Special Use Request in harmony with their area had the request been to locate a 140' steel tower in THEIR residential neighborhood? I also question staff's statement "In fact, good access in wireless services has become so important that improved wireless access enhances property values." Perhaps if you live on an isolated mountain top I could understand it playing a major role in the desirability of property. However, I would be curious to know if a property in New Hanover County has sold based on "improved wireless access." I also find it distressing that staff and the applicant appear to have future plans for this site when it is stated in General Requirement #4: "Finally, this site will provide additional space for future wireless users in an area where no towers currently exist." Are those of us who live in visual proximity to this area been unknowingly designated as the future Steel Tower Farm of New Hanover County? Policy 5.7 of the County's Land Use Plan states that "the county will preserve the character of the area's existing residential neighborhoods and quality of life." For those members of Board of Commissioners Meeting > > ~m~~nna 12-6-1 the Planning Board who may not be able to visualize the visual blight that a tower of 140 feet will have on surrounding neighborhoods, you may be more familiar with the UNCW water tower on campus which is 110 feet tall. This tower exceeds that. It will be 140' tall. I participated in the drafting of the current New Hanover County Land Use Plan and I remember the discussion surrounding Policy 5.7 very well. Locating a 140' steel tower in the middle of a residential neighborhood (zoned R-15), in my opinion certainly does not meet our intent when we drafted Policy 5.7. As participants in the drafting of the Land Use Plan, we recognized that as cell phone use proliferated, the county would be faced with ever more requests for these towers. We discussed at that time requiring collocation and we also discussed architectural guidelines as so many other communities around the country have done e.g. requiring disguising the towers as part of the landscape (trees, etc.) and locating them in churches and other facilities. We are a small community geographically; land is a limited resource in SE NC. Perhaps this is our opportunity to address these scenic eye sores. But certainly locating them in a residential neighborhood - and one so close to the Intracoastal Waterway with such potential for future development - and one 140' tall - is not the answer. Please vote to deny this application. Thank you. Donna Girardot 927 Radnor Road Wilmington, NC 28409 If you do not wish to receive further email from me, you may notify me of such at donna@wilmhba.com and I will remove you from my contact list. !SIG:4ac4c5e1134011832479566! Board of Commissioners Meeting > > ~m~~nna 12-6-2 This page intentionally left blank. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: November 2, 2009 REGULAR ITEM: 13 DEPARTMENT: Planning PRESENTER(S): Jane Daughtridge, Senior Planner and Chris O'Keefe, Planning Director CONTACT(S): Jane Daughtridge, Senior Planner and Chris O'Keefe, Planning Director SUBJECT: Public Hearing Text Amendment (A-380 8/09) -Request by staff to amend Article V, to add a new planned district, Section 53.6 Exceptional Design Zoning District (EDZD) in order to encourage mixed use districts in appropriate locations allowing higher residential density based on specific sustainable design criteria. BRIEF SUMMARY: In order to provide opportunities for higher density projects within unincorporated New Hanover County, Planning Staff embarked on a process to develop a new zoning district referred to as the Exceptional Design Zoning District (EDZD). The intent of the EDZD is to provide design flexibility to achieve higher density residential projects or mixed use projects in areas where appropriate urban features exist in order to discourage the negative impact of urban sprawl, preserve and protect natural resources and diminish the need for vehicular traffic. At its August 6, 2009 meeting, the Planning Board voted 5-0 to recommend approval of this amendment. One change was recommended that a Traffic Impact Analysis be required in every case rather than just in those cases where a threshold of 100 peak hour trips is met. This recommendation has been included into the final draft. Email comments were received from a person in the Middle Sound community expressing concern that people in his neighborhood had not been adequately informed of the proposed change. No one from the public spoke on this item. On October 19, 2009 the County Commissioners heard an informational presentation by the Planning & Inspections Director explaining the Exceptional Design Zoning District. Changes suggested by the Commissioners have been incorporated into the text. RECOMMENDED MOTION AND REQUESTED ACTIONS: ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." EXAMPLE: The County Commissioners find that this request for zoning text amendment is (or is not): 1. Consistent with the purposes and intent of the policies 3.9 and 3.12 adopted in the 2006 land use plan; 2. Reasonable and in the public interest to create a new zoning district in which density bonuses are provided for exceptionally designed projects that are appropriately located and where the impacts of increased density are internalized. Board of Commissioners Meeting > > ~m~~nna 13-0 ATTACHMENTS: Letter of opposition Summary Text Amendment COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: A motion to adopt with the addition that the traffic impact analysis be signed by a licensed traffic engineer was approved 3-2, Chairman Davis and Commissioner Greer dissenting. Board of Commissioners Meeting > > ~m~~nna 13-0 A-3 80 (8/09) Page 1 of 2 CASE: A-380, 8109 Applicant: Staff INFORMATIONAL ITEM REQUEST: Zoning Text Amendment for Section 53.6 EXCEPTIONAL DESIGN ZONING DISTRICT (EDZD) New Hanover County enthusiastically supports new development that protects and preserves the natural assets which make our County a desirable place to live, work and recreate. In order to provide opportunities for higher density proj ects within unincorporated New Hanover County, Planning Staff embarked on a process to develop a new zoning district referred to as the Exceptional Design Zoning District (EDZD). The intent of the EDZD is to provide design flexibility to achieve higher density projects in areas where appropriate urban features exist in order to discourage the negative impact of urban sprawl, preserve and protect natural resources and diminish the need for vehicular traffic. The process taken to develop these standards was comprised of numerous staff meetings, a Planning Board Work Session and three meetings with area developers, engineers, architects, landscape architects, green builders and associated representatives from the development community. The Document was circulated to several members of our environmental community and our sunshine list. The result of the meetings is the text amendment being presented as Section 53.6 of the New Hanover County Zoning Ordinance. PLANNING BOARD ACTION At its August 6, 2009 meeting, the Planning Board voted 5-0 to recommend approval of this amendment. One change was recommended that a Traffic Impact Analysis be required in every case rather than just in those cases where a threshold of 100 peak hour trips is met. This recommendation has been included into the~nal draft. Email comments were received from a person in the Middle Sound community expressing concern that people in his neighborhood had not been adequately informed of the proposed change. No one from the public spoke on this item. COMMISSIONER WORK SESSION On October 19, 2009 the County Commissioners heard an informational presentation by the Planning & Inspections Director explaining the Exceptional Design Zoning District. Action Needed: ACTION NEEDED: Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to adopting or rejecting any zoning amendment, the governing board shall adopt a statement describing whether the action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest." 11/3/2009 Board of Commissioners Meeting > > ~m~~nna 13-2-1 A-3 80 (8/09) Page 2 of 2 EXAMPLE: The County Commissioners find that this request for zoning text amendment is (or is not): 1. Consistent with the purposes and intent of the policies 3.9 and 3.12 adopted in the 20061and use plan; 2. Reasonable and in the public interest to create a new zoning district in which density bonuses are provided for exceptionally designed projects that are appropriately located and where the impacts of increased density are internalized. 11/3/2009 Board of Commissioners Meeting > > ~m~~nna 13-2-2 A-380 (8/09) Section 53.6 EXCEPTIONAL DESIGN ZONING DISTRICT EDZD) 53.6-1: Intent- The Exceptional Design Zoning District (EDZD) provides opportunities for mixed use or high density residential projects within the unincorporated areas of the County where appropriate urban features are in place to support such projects without the negative impacts of urban sprawl. Through the conservation of water bodies, wetlands, floodplains and open space, it is intended that this district will prevent the degradation of water quality and foster the preservation of natural hydrology, habitat and biodiversity. In addition, the district is intended to provide design flexibility to achieve public and private spaces that advance a sense of community in swell-integrated service area that diminishes the need for vehicular traffic and encourages bicycle and pedestrian movements. The EDZD shall be located with respect to public and private facilities existing or clearly available by the time they are required within the development Physical character of the site and relation to surrounding property -The site shall be suitable for development in the manner proposed without creating hazards to persons or property, on or off the district, and free from the probability of flooding, erosion, subsidence or slipping of the soil or other dangers. Condition of soil, groundwater level, drainage and topography shall all be appropriate to both the kind and pattern of use intended. If appropriate to the form and function of development, lands to be included in EDZD districts may be divided by streets, alleys, rights-of-way or easements, but shall be located, dimensioned and arranged as to permit unified planning and development and to meet all requirements in connection therewith, as well as to provide necessary protection against adverse relationships between uses in the district and uses in surrounding areas. 53.6.2: Applicability -Areas classified as Conservation on the current CAMA land Classification Map are not eligible for residential density greater than 2.5 units per acre, and such acreage must be subtracted from the acreage upon which density on other portions of the district is calculated. All other areas of the unincorporated planning jurisdiction for New Hanover County are eligible for the EDZD. 53.6-3: Procedures for establishing Exceptional Design Zoning Districts 1) Applications; procedures and materials to be submitted. Approval for EDZD rezoning shall generally follow procedures for establishment of Planned Development Districts. Material submitted with the application as outlined below, or on subsequent request by the Planning Department, shall include all plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case. Applicants are recommended to meet with staff before substantial investments are made towards the design of exceptional development projects and are required to meet with staff to review the exceptional development concept and criteria prior to submitting an application. Application shall be made on forms provided by the County and in accordance with the schedule of deadlines for Planning Board submissions. The following procedures must be met: a. Meet with staff b. Hold 2 meetings with owners and neighbors adjacent to the proposal and within 500 feet of the area to be considered (Section 111-2.1: Required Marked up Recommendation version 11/3/2009Page ~ 1 Board of Commissioners Meeting > > ~m~~nna 13-3-1 A-380 (8/09) community information meeting before consideration). Atleast one meeting must be scheduled after 6:00 p.m. c. Prepare application and submit by application deadline. The application shall include: i. Survey map as well as metes and bounds description of the boundaries. ii. Map showing location of existing publicwaterand sewer lines, roadway classification, existing or planned bicycle and pedestrian facilities, schools, parks and shopping districts within a % mile radii of the outermost project boundary. iii. Traffic Impact Analysis is required for all projects (based on proposed maximum density and intensity for the acreage). iv. Narrative generally describing the reasons for seeking rezoning and outlining the anticipated development to be approved under separate permit at a later date, if known, and describing the adequacy of access to the site. v. Inventory of the existing environmental, cultural, historical and natural site attributes. vi. A conceptual plan that shows with reasonable certainty the type and intensity of use for the proposal. vii. Summary of the meetings held with surrounding property owners. viii. A checklist of the prerequisite standards that will be met. ix. Application fee. x. Calculations of the requested density/intensity and documentation supportingthe award of points for any density bonus. xi. Verifiable water and sewer expansion plans must be provided and allocation of capacity confirmed with the Cape Fear Public Utility Authority. . xii. Phasing schedule. xiii. The project must meet all applicable requirements of the County Zoning Ordinance. d. Planning Board consideration and Board of Commissioners decision after public hearing. 53.6-4: District Regulations -Residential density and non-residential intensity within the EDZD shall be based upon the overall exceptional design score of the proposed development. The following regulations must also be met: 1) The applicant must betheownerorownersofallthe propertyto be included in the district and must demonstrate that the property is jointly owned or be subject to a formal agreement for unified control. Marked up Recommendation version 11/3/2009Page ~ 2 Board of Commissioners Meeting > > ~m~~nna 13-3-2 A-380 (8/09) 2) A district must include the entirety of the parcel or parcels being considered. 3) A district may not extend across any major or minor arterial roadway unless the district proposes multiple, unified development phases of mixed uses having safe, signalized vehicular, pedestrian and bicycle facilities to connect the projects. 4) Density permitted by right for residential units in the district shall be six (6) units per acre. 5) Cumulative floor area ratio (FAR) for mixed use permitted by right in the district shall be 1.0. 6) All proposals seeking to exceed six (6) units per acre or FAR of 1.0 must accumulate exceptional design bonus points sufficient to qualify for the proposed densities or intensities. 7) Prerequisite standards as described in Table 53.6-7. 8) The Exceptional Design District Certification must be assured during the first phase of developmentor priorto completion of morethan 24 units, whichever comes first. 53.6-5 Staff Recommendations - Planning staff, in consultation with other appropriate departments or personnel, shall prepare a written report to the planning board and board of commissioners, containing the following findings: 1) As to the suitability of the proposals for the general type of function, the physical characteristics ofthe land, and relation of the proposed development to surrounding areas and existing and probable future development. 2) As to the sufficiency of supporting evidence in the application showing that the proposed location can meet the basic criteria for exceptional design. 3) As to the relation to major roads and mass transit facilities, utilities and other facilities and services. 4) As to the adequacy of evidence on unified control and the suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed. 5) As to the suitability of plans proposed or the suggestion of conditions. 6) As to the consistency withthe County'sadopted land Use Plan and otheradopted plans for development in the vicinity, and suggesting how the rezoning might be reasonable and in the public interest if approved. 53.6-6 Actions by Planning Board; Board of Commissioners -Actions by the planning board shall be in the nature of a recommendation for or against the rezoning and may include suggested conditions of approval. The Board of Commissioners may grant the application in accordance with the EDZD regulations and other applicable local, state or federal requirements or may approve the application with conditions attached, or may deny the application. 53.6-7 Development to be in Accord with Approved Concept Plan and Related Regulations- If the rezoning is approved, the Board of Commissioners shall, approve the development concept plan as described in the application, or indicate required modifications in such approved plan, and such Marked up Recommendation version 11/3/2009Page ~ 3 Board of Commissioners Meeting > > ~m~~nna 13-3-3 A-380 (8/09) approval shall be binding in determinations concerning final development plans. If the rezoning is approved, the development shall be required to be in accord with approved concept plans and meet the requirements of these and other regulations, as approved. The development shall also conform to any time limitations established by the board of commissioners or the applicant as to beginning and completion of the development as a whole, or in specified stages. Before development may proceed, agreements, contracts, deed restriction, sureties and other instruments involved shall be in a form approved by appropriate officers or agencies. Underlying standards upon which to add the exceptional design criteria shall include: 1) Maximum Building height: within 200 feet of the district boundary, building height shall not exceed 40 feet. 2) Building setback and separation: Buildings located on the periphery of the district shall beset back a minimum of twenty (20) feet from the district boundary or as required in Section 69.11 of the zoning ordinance. All buildings shall be set back at least ten (10) feet from all pedestrian and bicycle paths, and fifty (50) feet along major or minor arterial roadways. No building shall encroach into the right-of way of a proposed thoroughfare as designated by the Wilmington Area Thoroughfare Plan. In no case shall any part of a detached single family dwelling unit be located closer than ten (10) feet to any part of any other detached single family dwelling; and in no case shall any part of a multifamily dwelling unit be located closer than twenty (20) feet to any part of another multifamily unit ornon-residential building. 3) Parking: Off-street parking shall be provided in accordance with Article VIII of the zoning ordinance. Projects that meet Additional Requirements 1, 2, 3 and 5 may reduce the minimum parking requirements by 10% within the commercial component of the project. 4) Signs: Signs shall comply with the standards in Article IX of the zoning ordinance. The developer shall be responsible for erecting and a property owners association shall be responsible for maintaining street name signs at all intersections within the district. 5) Landscaping and buffering shall be in accordance with Article 67. 6) Street Lights: Street lights shall be included at the rate of one fixture per 500 linear feet or less of roadway. 7) Conservation Resource Requirements shall be applicable. 53.6-8 Administrative Action for Approval of Final Plans 1) After an EDZD district has been established, no building permit shall be issued therein, unless and until the Technical Review Committee and the Planning Director have approved final plans and reports for the development as a whole or stages or portions as outlined upon approval. The form and content of such final plans and reports shall be as prescribed for the district, and in the rules of the county and other affected agencies. The final plan Marked up Recommendation version 11/3/2009Page ~ 4 Board of Commissioners Meeting > > ~m~~nna 13-3-4 A-380 (8/09) shall constitute the equivalent of preliminary plat approval under the New Hanover County Subdivision ordinance. 2) Approval of final plans and reports shall be based on compliance with zoning regulations applying at the time the land was zoned to EDZD status, including such specific conditions as were included by the Board of Commissioners in its rezoning action. The Planning Director shall certify that the conditions imposed by the board of commissioners have been met. 3) Upon approval of final plans and reports, building permits shall be issued in the same manner as for building permits generally, provided that any requirements relating to the order and location in which building permits are to be issued in the particular EDZD district shall be observed. Except as provided in this article, final plans and reports approval shall be binding on the applicants and any successor in title, so long as EDZD zoning is applied to the land. 53.6-9 Approval of Detailed Plans and Related Material is an Administrative Action Approval of detailed plans and related material is an administrative action. No public notice or hearing is required in connection with approval proceedings of final plans or changes in approved plans, but the Technical Review Committee shall meet and approve the technical merits of the final plan, and when the Planning Director or his designee has certified that the plan approved by the Technical Review Committee meets all the requirements and conditions of the original approval, then signatures of the Planning Director and the Chairman of the Technical Review Committee shall be affixed to the approved final plan. 53.6-10 Restrictions on Permitted Uses The principal uses in an Exceptional Design Zoning District shall be as set out and approved in the original approving action, unless otherwise amended by the Board of Commissioners. After the concept plan has been approved, changes in any principal use or accessory use shall constitute a change in the approved EDZD and shall require approval by the board of commissioners. 53.6-11 Effect of Approval Any area designated as an Exceptional Design District shall thereafter be developed using only the exceptional design standards and proposed conditions under which the EDZD is approved. Any reduction in the prerequisite standards after approval shall be considered a violation of the terms and conditions of approval. In accordance with NCGS153A-344.1(c) and ~d) , approval of the master plan shall establish a vested right. After 24 months from the date of original approval, if no construction activity has been permitted, the approval of the original concept plan and any approved final plan shall expire and new approvals based on standards existing for EDZD districts at that time shall be required. Extensions of vested rights beyond the first 24 months may be approved by the Technical Review Committee based on relevant circumstances, including but not limited to the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions, but the total vesting period may not exceed 5 years. Marked up Recommendation version 11/3/2009Page ~ 5 Board of Commissioners Meeting > > ~m~~nna 13-3-5 A-380 (8/09) 53.6-12: Modifications -Site specific development plans maybe modified upon review and approval of the Planning Director. Minor changes may be approved in the same manner as set forth in Sec. 71-1(9). Major modifications, including additional density bonuses may be approved by the Planning Director or his designee and the TRC when the prerequisite standards are maintained and sufficient additional points accrue to support the request. However, modifications that conflict with small area neighborhood or corridor plans shall not be approved in this manner. Projects that remove components for which density or intensity bonuses have been awarded must modify the plan accordingly and submit for approval. 53.6-13 Exceptional Design District Standards Converted to Points -The following table includes the criteria that shall enable a project to be classified as an Exceptional Design District and allow for the density bonuses herein provided. The first six (6) criteria are required for any project to initially qualify for Exceptional Design review. In addition to the first six criteria, an additionaltwelve (12) points are required from the remaining ten (10) additionalcriteria. Planning Director will determine whether criteria are properly met. CORE REQUIREMENTS 1. Smart location REQUIRED 0 tion 1: Locate project on an infill site 0 tion 2: Locate project on an adjacent site with pre-project connectivity. 0 tion 3: Locate project near existing or planned adequate transit service. 0 tion 4: Locate project near existing neighborhood shops, services, and facilities. 2. Proximity to Water and Wastewater Infrastructure REQUIRED 0 tion 1: Locate project on a site served by existing water and wastewater infrastructure. Replacement of orother on-location improvements to existing infrastructure are considered existing for the purpose of achieving this option. 0 tion 2: Locate project within an area scheduled for water and sewer expansion where verifiable expansion plans can be provided and allocation of capacity can be confirmed with the Cape Fear Public Utility Authority. 3. Significant Species and Ecological Communities REQUIRED 0 tion 1: After consultation with the NC Natural Heritage Program map as found on the New Hanover County online mapping services, no species present or likely to be present that are listed under the federal Endangered Species Act, NC endangered species list or listed in the NC Natural Heritage Program as either Nationally, State or Regionally Significant. 0 tion 2: If initial consultation with the NC Natural Heritage Program map is inconclusive, then a qualified biological scientist performs biological surveys to determine the presence Marked up Recommendation version 11/3/2009Page ~ 6 Board of Commissioners Meeting > > ~m~~nna 13-3-6 A-380 (8/09) of endangered or significant species or the applicant consults with the NC Natural Heritage Program in Raleigh to receive a State determination. 0 tion 3: If endangered or significant species are found, comply with an approved Habitat Conservation Plan (HCP) under the Endangered Species Act for each species or receive an approved mitigation plan from the NC Natural Heritage Program. 0 tion 4: If endangered or significant species are found and no approved HCP exists, work with an appropriate authority to create and develop one or develop an approved mitigation plan with the NC Natural Heritage Program. 4. Wetland and Water Body Conservation REQUIRED 0 tion 1: Locate project on a site that includes no jurisdictional wetlands, water bodies (including but not limited to intermittent and perennial streams) or land within 100 feet of these areas. 0 tion 2: Locate project such that pre-project jurisdictional wetlands, water bodies (including but not limited to intermittent and perennial streams), and land within 100 feet of such areas shall not experience significant destruction or lasting detrimental effects to water quality or other protected natural resources as a result of new development. Significant destruction shall include the construction, excavation, deposition, of materials in, over oron such land oranyworkthatwould affectthe course, location, condition, or capacity of the receiving water body. 5. Floodplain Avoidance REQUIRED 0 tion 1: Locate on a site that does not contain any land within a 100-year floodplain. 0 tion 2: Locate the project on an infill site or a previously developed site and comply with the NFIP requirements for developing portions of the site that lie within the floodplain. 0 tion 3: Develop onlyon portionsof the sitethatare not in a floodplain oron portions that have been previously developed. 6. Stormwater Management REQUIRED Implement a comprehensive stormwater management plan for the project that infiltrates and reuses stormwater runoff. Stormwater shall be managed following the principles prescribed in the New Hanover County-City of 1Nilmington Joint Low Impact Development Manual and will enable a project to use the LID-EZ Spreadsheet Tool. A determination that a project qualifies as a Low Impact Development shall be made by the Technical Review Committee (TRC). ADDITIONAL REQUIREMENTS (MINIMUM OF 12 POINTS FROM THE CRITERIA LISTED Points BELOW IN ADDITION TO THE CORE REQUIREMENTS) 1. Bicycle and Pedestrian Access 2 points Include a pedestrian or bicycle through-connection in at least 90% of any new cul-de-sacs, except where prohibited by topographical conditions. Provide bicycle parking and storage for developments that contain multifamily, retail and commercial development. Provide convenient access and off-site connections to all constructed or planned bicycle and pedestrian infrastructure networks. Marked up Recommendation version 11/3/2009Page ~ 7 Board of Commissioners Meeting > > ~m~~nna 13-3-7 A-380 (8/09) 2. Housing and Jobs/Commercial Opportunity Proximity 2 points 0 tion 1: Include a residential component equaling at least 30% of the project's total building square footage, and locate and/or design the project such that the geographic center iswithin a %2 mile walk distance of pre-project full-time equivalent jobs equal to or greater than the number of dwelling units in the project 0 tion 2:Include anon-residential component equaling at least 30% of the project's total building square footage 3. Diversity of Uses 2-4 points Include a residential component in the project that constitutes at least 25% of the project's total building square footage and design or locate the project such that at least 50% of the dwelling units are within % mile walk distance of the number of diverse uses in the approved diversity of uses table. At least one use from two of the three diversity of uses list is required. 4. Conservation Management of Habitat or Wetlands 2 points Create along-term management plan for new orexisting on-site native habitats, and/or water bodies and wetlands and their buffers, and create a guaranteed funding source for management. 5. Transit Facilities 4 points Locate development within % mile of an existing or planned transit route. Provide or identify covered and at least partially enclosed shelters, adequate to buffer wind and rain, with at least one bench, at each transit stop. Provide kiosks, bulletin boards, and/or signs devoted to providing local public transit information as part of the project, including basic schedule and route information at each public transit stop within or bordering the project. 6. Certified Green Building 2 points Design, construct, or retrofit one whole residential ornon-residential building to be certified through: LEED, NAHB Green Building Standards, North Carolina Healthy Built Homes or Green Globes. 7. Minimum Building Energy Efficiency 4 points For non-residential building, mixed use buildings, and multifamily residential buildings four stories or greater, new buildings must be on average 10% better than ANSI/ASHRAE/IESNA Standard 90.1-2007. For new multifamily residential buildings three stories or fewer and newsingle-family residential buildings: 90%ofnew buildings must meet Energy Star criteria. 8. Water Efficient Landscaping 2 points Reduce potable water consumption for outdoor landscape irrigation by limiting turf to 25% or less, incorporating rainwater catchment system(s) such as rain barrels or cisterns into the project, installing drip irrigation and utilizing stormwater for landscape irrigation. 9. Building Orientation 2 points Design the project so that a minimum of 75 percent of the building sites are constructed with the longer dimension of the structure facing 0-30 degrees of south. 10. Affordable Housing 2 points Include a minimum of 15% of the dwelling units as rental and/or for-sale dwelling units priced for households earning below area median income (AMI). Rental units must be Marked up Recommendation version 11/3/2009Page ~ 8 Board of Commissioners Meeting > > ~m~~nna 13-3-8 A-380 (8/09) maintained at affordable levelsfora minimum of 15 years. *No partial points will be awarded. Points will not be awarded on a sliding scale. BONUS AWARDS: Bonus points will accrue after satisfaction of the "Core + 12 points" minimum exceptional criteria above. When the project proposed has established the minimum criteria, any additional points derived from within the elective categories above may be applied toward density or floor area ratio bonuses. Points may not be double counted and no partial points will be awarded. Density bonus shall be awarded at a rate of one (1) additional dwelling unit per acre for each additional point accrued over the minimum exceptional criteria or one tenth (1/10) additional FAR for each two additional points. Diversity of Uses list Use One: Retail Convenience Store Florist Hardware Store Pharmacy Supermarket Miscellaneous retail Use Two: Services Bank Coffee Shop Hair care Health club Laundry/dry cleaner Medical/dental office Restaurant Offices for private business and professional activities Use Three: Civic/Community Facilities Child care (licensed) Civic/community center Place of worship in a building Police/fire station Post office Public library Public park School Marked up Recommendation version 11/3/2009Page ~ 9 Board of Commissioners Meeting > > ~m~~nna 13-3-9 A-380 (8/09) Senior care Social services facility Diversity of Uses Table Number of Uses Points Earned 2 2 3-5 3 6ormore 4 Associated Technical Standards for Section 53.6 of the New Hanover County Zoning Ordinance, Exceptional Design Zoning District Definitions In ill5ite is defined as a site where at least 75% of the perimeter of the property borders parcels that have been previouslydeveloped. Previously Developed is defined as a site having pre-existing impervious coverage that would typically have required regulatory permitting to have been initiated. Requirement 1: Smart location Pre-project connectivity may be met when connectivity is present of at least 150 intersections/sq. mile within a halfcircle radiuscentered on the midpointof the adjacent portion ofthe project perimeter. The radius of the half circle must be % mile, or the length of the adjacent portion of the perimeter, whichever is longer; and if the project contains streets, its connectivity cannot be less than the connectivity of the surrounding area measured within the half circle; and design and build the project with at least one through street and/ornon-motorized right of way intersecting the project boundary at least every 800 feet. Existing or planned adequate transit service: At least 50% of dwelling units and business entrances within the project must be located within % mile walk distance of existing or planned bus transit stops. Location of project near existing neighborhood shops, services, and facilities: The project boundary must be within % mile walk distance of at least five (5) or within % mile walk distance of at least seven (7), of the diverse uses in the Diversity of Uses list in Section 53.6 of the Ordinance. Uses must include at least one use from each of the three diverse use categories with the following limitations: a) uses may not be counted in two categories, e.g. a school or place of worship maybe counted only once even if it also contains a daycare facility; b) a mixed use building containing several uses as distinctly operated enterprises with separate exterior entrances may count each as a separate use, but no more than half of Marked up Recommendation Version 11/3/2009Page ~ 10 Board of Commissioners Meeting > > ~m~~nna 13-3-10 A-380 (8/09) the minimum number of diverse uses can be situated in a single building or under a common roof; c) a single retail store of any type may only be counted once even if it sells products associated with multiple use types. Requirement 3: Significant Species and Ecological Communities The Natural Area Inventory for New Hanover County shall be found on the New Hanover County Planning Department's website. The Inventory was designed to identify the highest quality natural areas and natural communities in New Hanover County. Only Significant species are determined to be regulated under this requirement. Requirement 6: Stormwater Management The New Hanover County-City of Wilmington JointLow ImpactDevelopmentManualshall be downloaded from the New Hanover County Planning website. In order to meet this requirement, a determination thatthe project is in facts Low Impact Development project, must be made by the County's Technical Review Committee (TRC). Representatives from the project are encouraged to meet with County Planning and Engineering staff prior to submittal of the project to the County's TRC. Additional Requirement 1: Bicycle and Pedestrian Access Bicycle Storage for Multifamily Residential: In order to meet this requirement, the project must provide secure bicycle racks on-site with at least one bicycle space per ten (10) dwelling units and no fewer than four (4) spaces per project site. Bicycle Storage for Retail: The project must provide secure visitor, customer and/or employee bicycle racks on site, with at least one bicycle space per 5,000 square feet of retail space, but no fewer than one bicycle space per business or four bicycle spaces per project site, whichever is greater. Bicycle Storage for Commercial Non-Retail: The project must provide secure employee and/or visitor bicycle racks on-site with at least one bicycle space per 10,000 square feet of commercial non-retail space but not fewer than four bicycle spaces per building. Additional Requirement 4: Conservation Management of Habitat or Wetlands Long-term management plan -This plan must be at least ten (10) years and include biological objectives consistent with habitat and/or water resource conservation. The plan should identify the following: a) procedures for maintaining the conservation areas and personnel to carry out those procedures, and b) estimated implementation costs and funding sources. Additional Requirement 6: Certified Green Building Building certification must be completed by the applicable program's third party certification program (i.e.: NAHB Green Building Certification must be conducted through the local NAHB certification program). Additional Requirement 7: Minimum Building Ener~y Efficiency For non-residential ormixed-use buildings, projects may document their building energy efficiency by producing a LEEDfor NewConstructionenergy model demonstrated bya whole building project simulation using the Building Performance Rating Method in Appendix G of ANSI/ASHRAE/IESNA Standard 90.1-2007. Marked up Recommendation Version 11/3/2009Page ~ 11 Board of Commissioners Meeting > > ~m~~nna 13-3- It A-380 (8/09) For multifamily residential buildings, projects may demonstrate compliance with Energy Star criteria eitherthrough the prescriptive requirementsof a BuilderOption Package, Home Energy Rating System (HERS) index, or a combination of the two. Energy Star certification is to be conducted by a 3rd party verification process. Marked up Recommendation version 11/3/2009Page ~ 12 Board of Commissioners Meeting > > ~m~~nna 13-3-12