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HomeMy WebLinkAboutAgenda 2020 11-16NEW HANOVER COUNTY BOARD OF COMMISSIONERS AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301, Wilmington, NC 28401 Julia Olson - Boseman, Chair I Patricia Kusek, Vice -Chair junathan Barfield, Jr. , Commissioner I Woody White, Commissioner I Rob Zapple, Commissioner Chris Coudriet, County Manager I Wanda Copley, County Attorney I Kym Crowell, Clerk to the Board NOVEMBER 16, 2020 4:00 PM MEETING CALLED TO ORDER (Chair Julia Olson - Boseman) INVOCATION (Pastor Gayle Tabor, Church on Tap) PLEDGE OF ALLEGIANCE (Chair Julia Olson - Boseman) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Adoption of 2021 Schedule of Agenda Review and Regular Board of Commissioners Meetings 3. Adoption of State Road Resolutions 4. Adoption of a Resolution Authorizing the Repair, Restoration and Rebinding of Register of Deeds Record Books 5. Adoption of Domestic Violence Awareness Month Proclamation 6. Adoption of Diabetes Awareness Month Proclamation 7. Adoption of Adoption Awareness Month Proclamation 8. Approval of Personnel Policy Changes 9. Approval of September 2020 Tax Collection Reports 10. Approval of Board of Education Capital Outlay Budget Transfer 11. Adoption of Budget Amendment 21 -021 for Hurricane I saias Expenses 12. Adoption of Budget Amendments 13. Approval of Loan Agreement with New Hanover Community Endowment ESTIMATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 30 14. Consideration of Smoking and Vaping Rule 30 15. COVI D -19 Update 15 16. Update on Hurricane Florence Housing Recovery and Request for Approval for New Resilience Projects 10 17. Fiscal Year 2021 First Quarter Financial Results 20 18. Presentation: New Hanover County Water Quality Monitoring Program - 2019- 2020 Final Report Board of Commissioners - November 16, 2020 40 19. Public Hearing Rezoning Request (Z20 -18) — Request by Trask Land Company, I nc. on Behalf of the Property Owner, TF Holdings Limited Partnership, to Rezone Approximately 158.65 Acres of Land Located at the Northeast Quadrant of the Interchange of Interstate 40 and Interstate 140 from 1 -1, Light Industrial District, and R -15, Residential District, to RMF -L, Residential Multi- Family Low Density District, and R -5, Residential Moderate -High Density District 40 20. Public Hearing Rezoning Request (Z20 -19) — Request by Trask Land Company, I nc. on Behalf of the Property Owner, TF Holdings Limited Partnership, to Rezone Approximately 350.01 Acres of Land Located at the Southeast Quadrant of the Interchange of Interstate 40 and Interstate 140 from 1 -2, Heavy Industrial District, and R -15, Residential District, to R -10, Residential District 40 21. Quasi - Judicial Hearing Special Use Permit Modification Request (Z17 -08M) — Request by Lee Kaess, PLLC on Behalf of the Property Owner, McAdams Homes, LLC, to Modify the Special Use Permit for the Landing at Lewis Creek Estates to Allow 17 Additional Single - Family Lots Within the Development 40 22. Public Hearing Text Amendment Request (TA20 -02)- Request by New Hanover County to Amend Articles 2, 3, 4, 5, 6, and 8 of the Unified Development Ordinance to Update the County's Tree Retention Standards, Standardize and Coordinate Open Space Requirements, Modernize Setback and Residential Height Requirements, Refine Landscaping and Buffering Standards, Update Parking Standards, Provide for Clear and Consistent Use Permissions and Standards, and add Erosion and Sedimentation Control Ordinance Provisions 5 23. Committee Appointments 5 24. Remarks by Commissioner Woody White PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTI MATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 25. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 26. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. Board of Commissioners - November 16, 2020 Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - November 16, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY. Approve minutes from the following meeting: Special Meeting held on September 28, 2020 Regular Meeting held on October 5, 2020 RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - November 16, 2020 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Adoption of 2021 Schedule of Agenda Review and Regular Board of Commissioners Meetings BRIEF SUMMARY. The attached schedule of the 2021 Agenda Review and Regular Board of Commissioners Meetings is submitted for adoption. Please note the following: • Wednesday, January 13th - Agenda Review meeting to be held on Wednesday to accommodate the NCACC Legislative Goals Conference • Tuesday, January 19th - Regular meeting to be held on Tuesday to accommodate the Martin Luther King, Jr. Day holiday on Monday • Monday, July 12th- One regular meeting to be held for the month on Monday to accommodate the July 4th holiday and NACo Annual Conference • Monday, August 23rd - Second regular meeting of the month to be held on the fourth Monday instead of the third Monday to accommodate the NCACC Annual Conference • Tuesday, September 7th - Regular meeting to be held on Tuesday to accommodate the Labor Day holiday on Monday • Wednesday, November 10th - Agenda Review meeting held on Wednesday instead of Thursday to accommodate the Veterans Day holiday RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the 2021 Calendar of Agenda Review and Regular Board of Commissioners Meetings. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - November 16, 2020 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 2021 Agenda Review and Regular Meeting Schedules DRAFT Agenda Review Meeting Dates and Times Location: NHC Government Center Conference Room 601 Regular Meeting Dates and Times Location: NHC Courthouse, 24 North 3rd Street Room 301 Wednesday, January 13 4:00 p.m. Tuesday, January 19 4:00 p.m. Thursday, January 28 4:00 p.m. Monday, February 1 4:00 p.m. Thursday, February 11 4:00 p.m. Monday, February 15 9:00 a.m. Thursday, February 25 4:00 p.m. Monday, March 1 4:00 p.m. Thursday, March 11 4:00 p.m. Monday, March 15 9:00 a.m. Thursday, April 1 4:00 p.m. Monday, April 5 4:00 p.m. Thursday, April 15 4:00 p.m. Monday, April 19 9:00 a.m. Thursday, April 29 4:00 p.m. Monday, May 3 4:00 p.m. Thursday, May 13 4:00 p.m. Monday, May 17 9:00 a.m. Thursday, June 3 4:00 p.m. Monday, June 7 4:00 p.m. Thursday, June 17 4:00 p.m. Monday, June 21 9:00 a.m. Thursday, July 8 4:00 p.m. Monday, July 12 4:00 p.m. Thursday, July 29 4:00 p.m. Monday, August 2 4:00 p.m. Thursday, August 19 4:00 p.m. Monday, August 23 9:00 a.m. Thursday, September 2 4:00 p.m. Tuesday, September 7 4:00 p.m. Thursday, September 16 4:00 p.m. Monday, September 20 9:00 a.m. Thursday, September 30 4:00 p.m. Monday, October 4 4:00 p.m. Thursday, October 14 4:00 p.m. Monday, October 18 9:00 a.m. Thursday, October 28 4:00 p.m. Monday, November 1 4:00 p.m. Wednesday, November 10 4:00 p.m. Monday, November 15 9:00 a.m. Thursday, December 2 4:00 p.m. Monday, December 6 4:00 p.m. Thursday, December 16 4:00 p.m. Monday, December 20 9:00 a.m. Conferences: NCACC Legislative Goals Conference, Raleigh, NC NACo Legislative Conference, Washington, D.C. NCACC County Assembly Day, Raleigh, NC NACo Annual Conference, Travis County /Austin, TX NCACC Annual Conference, New Hanover County, NC Board of Commission ITEM: 2 January 14 - 15, 2021 February 20 -24, 2021 May 19, 2021 July 16 - 19, 2021 August 12 -14, 2021 ors - November 16, 2020 -1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board and Brad Schuler, Senior Planner CONTACT(S): Kym Crowell and Brad Schuler SUBJECT: Adoption of State Road Resolutions BRIEF SUMMARY. NCDOT is considering the addition of the following roads as the roads meet the standards and criteria established by the state and county and requesting the board to adopt resolutions in support of adding the roads to the state system: • Ulloa Place and Marquette Drive located within the Sycamore Grove subdivision (Division File No: 1225 -N) • Middle Grove Lane located within the subdivision of Clay Crossing in New Hanover County (Division File No: 1277-N). • Gate Post Lane located within The Lakes at Johnson Farms subdivision in New Hanover County (Division File No: 1287-N). RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt SR -2 resolutions. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - November 16, 2020 ITEM: 3 e yJ STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER GOVERNOR November 9, 2020 Ms. Kym Crowell, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 175 Wilmington, NC 28403 J. ERIC BOYETTE SECRETARY Subject: Proposed Road Addition to the State System of Highways, Ulloa Place and Marquette Drive. (Division File No: 1225 -N). Dear Ms. Crowell: This office is considering the addition of the following roads: Ulloa Place and Marquette Drive located within the Sycamore Grove Subdivision to the state maintenance system. After the Board's consideration please furnish this office with the current county resolution and official road names for our further handling. If I may be of further assistance, please call me at 910 - 398 -9100. Sincerely, u" brm-p- Nick Drees Engineering Specialist Enclosures: Copy of SR -1 Road Petition request form, plat maps and locator map. State of North Carolina I Department of Transportation I Division 3, District 3 300 Division Drive, Wilmington, NC 28401 Customer Service: (877) 368 -4968 Board of ComrWnia*erv- November 16, 2020 www.ncdotgov ITEM: 3 - 1 - 1 North Carolina Department of Transportation Division of Highways Petition for Road Adidition ROADWAY INFORMATION: (Please Print/Type) County: New Hanover Road Name: Julia Drive & Adjacent Roads (Please list additional street iames and lengths on the back of this form.) Subdivision Name: Sycamore Grove Length (miles): 1.1 miles Number of occupied homes having street frontage: 72 Located (miles): .5 miles miles N ❑ S ® E ❑ W ❑ of the intersection of Route NC132 and Route 421 (Check one) (ER, NC, US) (SR. NC, US) We, the undersigned, being property owners and/or developer, cf Sycamore Grove in New Hanover County, do hereby request the Division of Higf ways to add the above described road. CONTACT PERSO�IN :: Name and Address of First Petitioner. (Please Pr nt#Type) "0 A e, Name: Ned Murchison, SVP for First Troy SPE, LLC Phone Number. 910 -442 -4219 Street Address: 201 Market Street, Wilmington, NC 2840: Mailing Address: 201 Market Street, Wilmington, NC 2801 PROPERTY OWNEP.S Name Mailing Address Form SR -1 (3/2006: Rev 1/2010) Board of Commissioners— November 16, 2020 ITEM: 3 - 1 - 2 Telephone INSTRUCTIONS FOR COMPLETING PETITION: 1. Complete Information Section 2. Identify Contact Person (This person serves as spokesperson for petitioner(s)). 3. Attach two (2) copies of recorded subdivision plat or property deeds, which refer to candidate road. 4. Adjoining property owners and /or the developer may subrn t a pat tion. Subdivision roads with prior NCDOT review and approval only require the developer's sicna_ure. 5. If submitted by the developer, encroachment agreements f-om all utilities located within the right of way shall be submitted with the petition for Road additior. How=ver, construction plans may not be required at this time. 6. Submit to District Engineer's Office. FOR NCDOT USE ONLY: Please check the appropriate block ❑ Rural Road ❑ Subdivision platted prior to October 1, 1975 REQUIREMENTS FOR ADDITION ❑ Subdivision platted after September 30, 1975 If this road meets the requirements necessary for addition, we agree to grant the Department of Transportation a right -of -way of the necessary width to construct the road to the minimum construction standards of the NCDOT. The right -of -way will extend the entire length of the road that is requested to be added to the state maintaired Bystem and will include the necessary areas outside of the right -or -way for cut and fill slopes and drainage. Also, we agree to dedicate additional right -of -way at intersection3 foe sight distance and design purposes and execute said right -of -way agreement forms that will be submitted to us by representatives of the NCDOT. The right -of -way shall be cleared at no expense to the NCDOT, which includes the removal of utilities, fences, other obstructions, etc. General Statute 136 -102.6 states that any subdivision recorded on or after October 1, 1975, must be built in accordance with NCDOT standards in order to be eligible for addition to the State Road System. ROAD NAME Julia Drive Dragons E� e Court Garrett Lea Parke Onyx Court Swiss Stone Court Marquette Drive Ulloa Place HOMES LENGTH ROAD VAME HOMES LENGTH 57 3200 5 370 4 400 5 170 - - -- 5 130 4 230 4 200 Form SR -1 (3/2006; Rev 1/2010) Board of Commissioners - November 16, 2020 ITEM: 3 - 1 - 3 | | � / / tj j.j jib 13 Iva t-G 2 a 2 wt i 11 lei iO In 1 fill OF fill big 9 ill's 5P91 NW1 R sup till On t ti LI Board ofCommissioners November 10.2020 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Ulloa Place and Marquette Drive located within the Sycamore Grove subdivision in New Hanover County (Division File No: 1225 -N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described rood(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described rood(s), and to take over the rood(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 161h day of November, 2020. WITNESS my hand and official seal this the 16th day of November, 2020. Kymberleigh G. Crowell, Clerk to the Board New Hanover County Board of Commissioners Form SR -2 Please Note: Forward directly to the District Engineer, Division of Highways Board of Commissioners - November 16, 2020 ITEM: 3 - 3 - 1 STATE o,� , 5 y i7 STATE OF NORTH CAROLINA • ROY COOPER GOVERNOR October 29, 2020 Ms. Kym Crowell, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 17S Wilmington, NC 28403 J. ERIC BOYETTE SECRETARY Subject: Proposed Road Addition to the State System of Highways Middle Grove Lane. (Division File No: 1277 -N). Dear Ms. Crowell: This office is considering the addition of the following roads: Middle Grove Lane located within the Subdivision of Clay Crossing to the state maintenance system. After the Board's consideration please furnish this office with the current county resolution and official road names for our further handling. If I may be of further assistance, please call me at 910 - 398 -9100. Sincerely, u�ck �ve2 -� Nick Drees Engineering Specialist Enclosures: Copy of SR -1 Road Petition request form, plat maps and locator map. State of North Carolina I Department of Transportation I Division 3, District 3 Board09fD QM, r]qj§ )per§ ro�l9 ega�er 16, 2020 Customer Service: (877) 368 -4968 I FN 9� -91 - 1 www.ncdot.gov M North Carolina Department of Transportation ?- Division of Highways Petition for Road Addition ROADWAY iNPORL , ? ..p., 9 (Please Prim ?ype) County 40'00Vef Road Name I ft ©fie i1tJ 1 Please D51 additional oree1 name, and lengths on the r)� of this ram ) I Subdivision Name: C coc's r e, Length (r,►tims): Number of occupied homes having street frontage: Located (mites): Qi t Z miles N V[] E E] W 0 of the intersection of Route 5R I O and Route (check one) (SR. k(;. U&) ; A No, us; We, the undersigned, being property owners and/or developers of C r�� Cfe 5 _51 V\(% in r 6autycounty, do hereby request the Division of Highways to add the above desc+l'ibed owl- CONTACT PERSON: Name and Address of First Petitioner (Please PrinVType) Name- LZmei Phone Number. Tj©- '143'45 Street Address: ZZ I ! Wt� @ r +� L W i l{� m i % -h yx j 2,9111 Mailing Address: I PROPERTY OWNERS 2-941 Name Mailing Address Telephone Board of Commissioners - November 16, 2020 ITEM: 3 - 4 - 2 INSTRUCTIONS FOR -- - 1. Complete Inform, 2. Identify Contar r,, ° r. -are for petitioner(s)). 3. Attach two (2) cope, ,, re, ' ::I., , , r • .,,,�r ^G''ty deeds, which refer to candidate road. 4. Adjoining property owners 010ror submit a petition Subdivision roads with prior NCDOT review and approval o 1 it -)per s s ;nature. 5. If submitted by the developer, �wements from all utilities located within the ngh of way shall be submitted with the petitlon nor Rini, i addition However, construction plans may not br, required at this time. 6. Submit to District Engineer's Office. FOR NCDOT USE ONLY: Please check the appropriate black ❑ Rural Road ❑ Subdivision platted prior to October 1, 1975 REQUIREMENTS FOR ADDITION ❑ Subdivision platted after If this road meets the requirements necessary for addition, we agree to grant the Depar.i ,, -° of Transportation a right -of -way of the necessary width to construct the road to the mirumu, construction standards of the NCDOT. The right -of -way will extend the entire length of the road that is requested to be added to the state maintained system and will include the necessary areas outside of the right -or -way for cut and fill slopes and drainage. Also, we agree to dedicate additional right -of -way at intersections for sight distance and design purposes and execute said right -of -way agreement forms that will be submitted to us by representatives of the NCDOT. 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BE PUBLIC \ / \ N/F \ s jj / p 30 PUBLIC ACCESS, DRAINAGE, & ! #o \ MICHAEL HODGSON \` TCH PROPERTIES, LLC s t Ox705 r I �, 18 F 1.57 C p \ �\ w� ST 19 L� 0 'sue / UTILITY EASEMENT j \ 4N \ � �- Co l ' 1 0 0 �s 9466.84 C F s° // p° \ 20' PUBLIC ACCESS 404 WETLANDS AREA 2 SEE DETAIL EIP �� t SUSAN SONG !js \` � n � to 20 v-. 11402.26 SF F. Ef �o \ N F / 1 SUK ZU \ �- 0.26 AC & DRAINAGE EASEMENT / \ ��p \ ^ w a 13453.76 SF BILL CLARK HOMES ° �"' 0.31 AC a / A FOR WILLIAMS PROPERTY OF WILMINGTON, LLC 21 U') oz a, // (BOUNDED BY POINTS \ P 13883.77 SF P 1" 1 A,B,C ACROSS LOT 17 co p / '� (Vicinity Map Not to Scale) TOWNSHIP OLD E10 rh 0.32 AC / ro• \ HARNETT LEGEND. EIP = EXISTING IRON PIPE S 5010'06" E \ n v• 1 \� ° 21 1 Nfl 1 N/F / \ ED WILLIAMS HRS \\ WENDOVER COUNTY STATE ERB = EXISTING REBAR 72.29 RBS = REBAR SET z o rn \ 1 /�� \ \ 04 NEW HANOVER NC CMS CONC MONUMENT SET RAILROAD SPIKE SET \ o �' \ 1 / J�F \ \ LAND \ \ ,r to DATE 03/25/18 SCALE 1 " =60' \ \, � /o bhp \ Q,• PKS = PKl NAIL MNS = MAGNAIL SET I �G,� '' '� / ry 1 \ \ THIS SURVEY CREATES A SUBDIVISION OF LAND IN AN AREA OF THE COUNTY OR MUNICIPALITY THAT � OWNER: DARDEN ROAD LLC *ALL CORNERS REBAR SET UNLESS NOTED * *CENTERLINE s \F� `SOS \ / \ HAS ANCE THAT REGULATES PARCELS OF 622 TIMBERLAKE LANE CONTROL POINTS TO BE SET AFTER CONSTRUCTION / \ ��Hj�ir,, WILMINGTON, NC 28411 PARENT PARCEL AID: 804400- 003.010 N/F -000 p DEED BOOK 6036. PAGE 2584 60 30 0 60 120 L / SD h ' NEW HANOVER COUNTY = z SITE 9S _ w 404 WETLANDS AREA 1 SEE DETAIL" y ° SURVEY FOR: GRAPHIC SCALE AREA AREA BY COORDINATE COMPUTATION N/F LAURA CLAY HRS ECM _ MIDDLE SOUND LOOP CLAY CROSSING / \ HELEN CHISM SHEET 1 OF 2 REPORTED ZONING: CZD 815 I, Gary W. Keyes, certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed STATE OF NORTH CAROLINA COUNTY OF NEY4. HANGS M STATE OF NORTH CAROLINA COUNTY descrip�gpiR rgprarded in Book , Page , or other source as noted); that the boundaries not surveyed are clearly indicated �` N �`r�. as drawn from information found in Book 41 , Page 372 (or other source as noted); that the ratio of Garb W. Keyes Land 5urveyinq, P.C, I, i"!l_______ t3RGES5 ,Review Officer of N K County, Filed for Registration at W 3 A M._8akh eaq 20 AR in precision as calculated is 1: 10, 000 ;that this plat was prepared in accordance with G.S. 47 -30 as amended. NC Firm # C-4086 certify that the map or plat to which this certification is affixed meets all statutory requirements for recording. the Register of Deeds Office Recorded in Book �D� Page ci 7 c� _ Witness my original signature, registration number and seal this 28 day of MAR , A.D., 20 18 , 110 Hinton Avenue Wilmiry on, NC 28411 L-4381 9 Eg s sle BY h L-4381 C 910) 228 -4M ke4e55urvc4inq @gmail,cam REVIEW OFFIC R DATE' REGISTER eyor Registration # - z7n S'14 : #' x•01 gO092- �v Co (Y�Q-p (0 oK o`(! `7 - cR ! $' Board of Commissioners - November 16, 2020 ITEM: 3 - 4 - 4 �Q.r,4 C#�Yv�.hzrk a lam- �- �13-_3345 CURVE RADIUS ARC DELTA ANGLE CHORD BEARING CHORD LENGTH C1 785.15 181.78 13'15'54" N 10' 14'03" E 181.37 C2 725.15 13.69 01'04'54" N 04'08'33" E 13.69 C3 725.15 47.38 03'44'37" N 06'33'19" E 47.37 C4 725.15 98.34 07'46'13" N 1218'43" E 98.27 C5 725.15 8.47 00'40'10" N 16'31'55" E 8.47 C6 207.50 75.67 20 "53'37" S 6T54'16" W 75.25 C7 207.50 60.31 16'39' 13" S 49'07'51 " W 60.10 C8 207.50 61.96 17'06'27" S 32'15'01" W 61.73 C9 207.50 7.37 02'02'07" S 22'40'44" W 7.37 C10 252.50 56.02 12'42'41" S 28'01'01" W 55.90 C11 252.50 51.05 11.35'01" S 40.09'52" W 50.96 C12 25.00 20.62 4T 16'04" S 22' 19'20" W 20.04 C13 45.00 7.93 10106'10" N 03'44'23" E 7.92 C14 45.00 66.31 8425'58" N 51'00'28" E 60.47 C15 45.00 67.12 85'27'51" S 44'02'37" E 61.07 C16 45.00 7.65 09'44'34" S 03'33'35" W 7.64 C17 45.00 65.93 83'56'54" S 50'24'19" W 60.19 C18 25.00 20.62 47'16'04" N 69'35'25" E 20.04 C19 207.50 56.87 15'42'09" S 38'06'18" W 56.69 C20 207.50 31.12 08'35'33" S 25.57'27" W 31.09 C21 252.50 32.85 07'27'18" S 25.23'20" W 32.83 C22 252.50 61.04 13'50'59" S 36'02'28" W 60.89 C23 252.50 30.02 06'48'42" S 46'22'19" W 30.00 C24 1 252.50 61.25 13'53'56" S 56'43'38" W 61.10 C25 252.50 41.91 09'30'37" S 68'25'54" W 41.86 C26 252.50 22.76 05'09'53" S 75'46'08" W 22.75 C27 25.00 20.62 47'16'04" S 69'35'25" W 20.04 C28 25.00 4.83 11'04'42" N 40'25'02" E 4.83 C29 25.00 15.79 36'11'23" N 16'47'00" E 15.53 C30 230.00 227.57 56'41'24" S 50'00'23" W 218.40 C31 230.00 97.53 24.17'42" S 33'48'32" W 96.80 C32 725.15 23.56 01'51'42" N 05'36'51" E 23.56 C33 725.15 23.82 01'52'55" N 07'29' 10" E 23.82 C34 45.00' 0.66' 1 00'50'40" N 87'11'53" W 0.66' LINE BEARING DISTANCE L1 S 4627'27" W 26.29 L2 S 47'31'01" W 51.21 L3 S 56'53'36" W 36.69 L4 S 59'24'26" W 57.37 L5 S 46'39'36" W 39.02 L6 S 33'09'56" W 65.03 L7 S 11'30'26" W 12.79 L8 S 46`53'46" W 21.07 All Roads shall be public. NCDOT will allow sidewalks by encroachment and will not accept responsibility for maintenance. Maintenance responsibilities of Sidewalks shall be that of owners, HOA or assigns. All sidewalks shall meet requirements of the "Americans With Disabilities Act" Certificate of Proposed Subdivision Road Construction Standards Department of Transportation Division of Highways Proposed Subdivision Road Construction Standards Certification approved 3 -X7- Date District ngineer LEGEND: EIP = EXISTING IRON PIPE ERB = EXISTING REBAR RBS = REBAR SET CMS = CONC MONUMENT SET RRS = RAILROAD SPIKE SET PKS = PK NAIL SET MNS = MAGNAIL SET *ALL CORNERS REBAR SET UNLESS NOTED * *CENTERLINE CONTROL POINTS TO BE SET AFTER CONSTRUCTION 60 30 0 60 120 GRAPHIC SCALE AREA BY COORDINATE COMPUTATION I, Gary W. Keyes, certify that this plat was drawn under my supervision from an actual survey made under my supervision (deed descrip }p ���or ded in Book , Page , or other source as noted); that the boundaries not surveyed are clearly indicated H ip l�,,� as drawn from information found in Book 41 , Page 372 (or other source as noted); that the ratio of precision as calculated is 1: 10, 000 ; that this plat was prepared in accordance with G.S. 47 -30 as amended. 5 Witness my original signature, registration number and seal this 28 day of MAR , A.D., 20 1$ ! -E 38 _ f p�.i L-4381 -.e�& .y am �""1� W L .��- -4, Surveyor 4r Im A40 f ? -_No er 20 �o B I T R egistration # Book 64 Page 218 1, D a�&k C/ M& M M hereby certify that I am the owner of the public easements own and describe hereon which is for the purpose of storm water detention and that public easement will be maintained by the owners, or assigns, for that purpose at no expense to the Department of Transportation. Also I will be responsible for completely draining the storm water detention ponds to facilitate maintenance within the public right -of- -way. Certificate of Ownership, Dedication and Jurisdiction I (we) hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I (we) hereby adopt this plan of subdivision with my (our) ownfree consent and dedicate all streets, alleys, walks, parks, conservation space and other areas to public or private use as noted. All roads and drainage easeme is are dedicated for public utility purposes. Further, I (we) ce I\fy the land as sho hereon is located within the ubdivision j ction of New anov County. 320(b �4 Dat Signature of Owner(s) Date Subbrdination Consent of Mortgagee Certificate of Registration/Disclosure for Homeowner's Association Covenants, Conditions and Restrictions by Register of Deeds North Carolina New Hanover County Homeowner`s Association Covenants, Conditions and Restrictions filed for registration on the day of at (a.m. / p.m.) and duly recorded in Deed Book , at Page Register of Deeds Certificate Disclaiming Water /Sewer Suitability Notwithstanding New Hanover County approval of this plat, lots shown on said plat may not receive Health Department approval for on site sewage disposal systems, nor for individual water supply systems, nor does such approval guarantee the availability of water or sewer services from The Cape Fear Public Utility Authority. Certificate of approval by the Cape Fear Public Utility Authority: I, Y1 Review Officer for the Cape Fear Public Utility Authority, New Hanover County, North Carolina, certify that the map or plat to which this certification is affixed meets all Authority standards and requirements for the public utilities as set forth by ordinances. With the recordation of this plat, the Cape Fear Public UtilityAuthority accepts the owner's offer of dedication for the public waterand/or sewer purposes all easements, common areas, and/or rights of way shown on the plat as dedicated for public utility purposes, Approval of this plat does not guarantee the availability of water and sewer services from the Cape Fear Public Utility Authority. 1 _ -�q )100�j (tow Certificate of Disclosure for Private Developments I (we) acknowledge that neither the State nor the County shall be responsible for maintenance of any streets, parks, drainage, open space or other areas which are designated for private use. I (we) acknowledge that prior to contracting with a prospective buyer, I shall give the buyer a written statement which discloses the existence and location of such private areas and specifies the maintenance responsibilities for same. When applicable, the statem t shall disclose that the strect(s) will not be constructed to minimum standards sufficient to allow t e inclusion on the Sate highway systems for maintenance. 1 i a / Date Signature of Owner(s) Certificate of Disclosure for New Hanover County Sewer Costs I (we) hereby certify that prior to entering any agreement or any conveyance with a prospective buyer, I (we) shall prepare and sign, and the buyer of the subject real estate shall receive and sign, a statement which fully and accurately discloses that the buyer will be assessed by The Cape Fear Public Utility Authority for the full cost of providin sewer service to the subdivision at the time that District sewer becomes available, in accordance withlNew Hanover County ("lode. ,3 L /q ,v �► Date Sig ature of Owner County Engineer Certificate With this recordation, New Hanover County accepts the dedication for stormwater and easements Ae/ County ngineer Dat This property is not located in a special flood hazard area as shown on FEMA FIRM Community Panel # 3720316900) Effective Date 04/03/06 404 Wetlands are located on this property and are shown hereon.. CERTIFICATE OF APPROVAL NEW HANOVER COUNTY PLANNING & INSPECTIONS DEPARTMENT _03.2g• ti8 W. C ARV,. /15e DATE PLANNING & INSPECTIONS DEPT. DIRECTOR (Vicinity Map Not to Scale) WENDOVER iZ4IC Y AUTHORITY BY: � REVIEW O CER TITLE DATE o- tr M 0 O Z SITE U LLI 0 Garb W, Kego5 Land 5urveqinq, SEC, NC Firm # C-4066 I10 Hinton Avenue Wdmin*m, NC 28411 ( 910) 2284M7 keqessurveqinci@gmall,com MIDDLE SOUND LOOP TOWNSHIP HARNETT COUNTY NEW HANOVER STATE NC BATE 03/25/18 1 SCALE 1 " =60' 1 OWNER. DARDEN ROAD LLC 622 TIMBERLAKE LANE WILMINGTON, NC 28411 PARENT PARCEL PID: R04400- 003 - 010 -000 DEED BOOK 6036. PAGE 2584 REPORTED ZONING: CZD R15 STATE OF NORTH CAROLINA COUNTY OF NE -W "06?X"L'e STATE OF NORTH CAROLINA 1 6AdA Lb1. %%4933 ,Review Officer of N %4 County, Filed for Registration at certify that the map or plat to which this certification is affixed meets all statutory requirements for recording. the Register of Deeds Office SURVEY FOR: CLAY CROSSING SHEET 2 OF 2 M. Recorded in Book Page BY REGISTER OF DEEDS COUNTY 20 in Book 64 Page 219 TAMMY THEUSCH New Hanover County BEASLEY Register of Deeds Register. of Deeds 320 CHESTNUT ST SUITE 102 - WILMINGTON, NORTH CAROLINA 28401 Telephone 910 - 798 -4530 - Fax 910 - 798 -7716 Jq. l NI _T- 4. i i-4qW KOPP" � Pld r . f �—q. - Ii. 0 NTY.,4 0f, z F'`Tnsr:�sllc� �. State of North Carolina Filed For Registration: Book: PLAT 64 3 PGS Real Property Recorder: Document No: ., County of NEW HANOVER 03/29/2018 10:5.3:44 AM Page: 217 -219 $42.00 $42.00 ANDREA CRESWELL 2018009266 DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re- recording. BK: PLAT 64 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III VIII RECORDED: -219 2018009266 NC FEE $42.00 03 -29 -2018 NEW HANOVER COUNTY, NC 10:53:44 AM TAMMY THEUSCH BEASLEY By ANDREA CRESWELL REGISTER OF DEEDS ASSISTANT Board of Commissioners - November 16, 2020 ITEM: 3 - 4 - 6 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Middle Grove Lane located within the subdivision of Clay Crossing in New Hanover County (Division File No: 1277 -N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described rood(s), and to take over the rood(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 16th day of November, 2020. WITNESS my hand and official seal this the 16th day of November, 2020. Kymberleigh G. Crowell, Clerk to the Board New Hanover County Board of Commissioners Form SR -2 Please Note: Forward directly to the District Engineer, Division of Highways Board of Commissioners - November 16, 2020 ITEM: 3 - 6 - 1 STATE o,� , 5 y i7 STATE OF NORTH CAROLINA • ROY COOPER GOVERNOR October 29, 2020 Ms. Kym Crowell, Clerk to the Board New Hanover County Board of Commissioners 230 Government Center Drive, Suite 17S Wilmington, NC 28403 J. ERIC BOYETTE SECRETARY Subject: Proposed Road Addition to the State System of Highways Gate Post Lane. (Division File No: 1287 -N). Dear Ms. Crowell: This office is considering the addition of the following roads: Gate Post Lane located within The Lakes at Johnson Farms Subdivision to the state maintenance system. After the Board's consideration please furnish this office with the current county resolution and official road names for our further handling. If I may be of further assistance, please call me at 910 - 398 -9100. Sincerely, Nick Drees Engineering Specialist Enclosures: Copy of SR -1 Road Petition request form, plat maps and locator map. State of North Carolina I Department of Transportation I Division 3, District 3 BoardopfD pM, rDj§§)9Wi §gr j49 egaWr 16, 2020 Customer Service: (877) 368 -4968 I FN 4- 9101- 1 www.ncdot.gov LIM w MYRTLE E r n h y, i JP aLI yf tt,.� low qft 1; . =E. _.. --- _•�,:_•,..s.�-- ,--- .�,. —_ T,..r.,.� ____.�.�..� rte_ - -. .__.�.:_ _. - _:,,•;�M.— ` - -- - - - _ al +.. .'•i+ y 'u.- h . .-'•-. • ..-... _ - 1r - _ _ _ . . _ t _, _ _ - - .- _ . _ .W. . .._r `Y• : t... _+ :i+ _ .`ti -- ._`::_`Z ",v,. . W- -. . - -. .. ,._ -. 't -�^.x -• C:.,._ ..may."+, ,.s ,- ��.5_.tr_ .» .- r-'•„ -r^ . - - _. - -- '--= ^-_•. -'1� _ ��C�_ _ -��y}� t ._ . - x•?, ='•;.`",`.L. "^�r.'! =:, -• ... -b,. -` - y`•� 4� A� .'a.;.s'�" `_-- �.1- '�i'F, '"�',b�t' - xfG :AGE -t' _ - E ` I�3AIVO, 'ER COUP # JACK G S T OCICS GERT" THAT TI[S PLAN' WAS DRAWN UNDER MY 4 c _`SUPERVISION FROM AN ACTUAL SURVE Y MADE UNDER MY 'SUPERVISION ,a WE DESC.RIP 0lN RECORDED IN D � : PACE -- -�>r A�' �. r--� �- �- NOT SURVEYED ARE CLEARLY INDICATED I=D AS DRAWL �- � DOD.I`�DA�RIE�' _ .... FROM INFOR,�tM ON FOUND IN BOOK , PAGE � ; THAI THE RA770 OF PRECISION AS CALCULATED =S I :10000; THAT THIS PLAT WAS PREPARED I ACC OR D ACE WITH G.13- 47-30 AS IEDED. s r Wi7±ll E .. ORIGINAL •SlGI ATL�RE - REGISTRA770N NUMBER AND SEAL ' � � �` MS AY OF��.D., 19 N.C. REGISTRATION NO.. L--8$G � •i 'x � x 9fo f Jjff � � Ji7a lX,P �1, � ✓ i � a � � I� 1? 4K 4j j {vq } �o �°1 ! r� goo AF Olt NNs 4 r (7 NEW HANOVER COUNTY NORTH CAROLINA 1, A ;VOTARY PUBLIC OF THE COUNTY AND STATE AFORESAID, CERTIFY THAT JAgK G. STOCKS, REGISTERED LAND SURVEYOR, PERSONALLY APPEARED BEFORE ICE- THIS DAY AND ACKNOWLEDGED THE EXECUTION OF THE FOREGOING INSTR�ENT. WITNESS Y HAND AND OFFICIAL STAMP OR SEAL, THIS' DAY OF ,! EVONNE M. NOTARY P!. k my- COMMIll EXPIRES U/14r96 4•, :elre�er - ~ ' �$s a� tea• � � T �$ � � � V •r a ;�• ,;� * �'° ate& � a� � � - -e' .rt-•- sa 6' � a s .1 A g� • � • l NEW HANOVER CO UNTY' IVOR ff CAP, OL&A T � i� ��- �r�- T � q 1�' NOTARY PUBLIC 1 fC. t VItL�V'tJtf�v:r v>`st r rr r+►r- ce'�.: yr �....�r- - r. NEW HANOVER CO UN Y I CENT IF1ED T CORNET. FfLEO FO, - 1 REGIS RATION O� THE DAY O F 19 -t A 69 A Il R0 DULY RECORDED IN4 AP BOOK - ' AT PAG � . MARY SUE 00M0 REDS -T F � CZJ i � �Q o� FOn► f� Jr 1-� T %c kl ='tt! u.A il�tlti7 t'.11f_I�iTY AWWT" f`AQLll MIA t' t- a`IT tld°- [fYL/YLft VVtl7 r' I i FV-vr t 9't- -r vrfr *r�rrve . POMEOWNERS ASSOCIATION COVENANTS CONDITIONS AND RESTRICTIONS FILED FOR REGIS TRATIMON TPE DAY Of- , !9 AT AID /PIS Ai\iD DULY RECORDED IN DE ED BOOK AT PAGE - 1 • r 1 MIND Q r f Fiat -7, 1 �34 t "71(77 r. = �dn !!� 111 A nseY. e�-s!!a 071• .-.. r.n�r.rr:• r �.�. 1�) "I t *-7 44 M �. . =E. _.. --- _•�,:_•,..s.�-- ,--- .�,. —_ T,..r.,.� ____.�.�..� rte_ - -. .__.�.:_ _. - _:,,•;�M.— ` - -- - - - _ al +.. .'•i+ y 'u.- h . .-'•-. • ..-... _ - 1r - _ _ _ . . _ t _, _ _ - - .- _ . _ .W. . .._r `Y• : t... _+ :i+ _ .`ti -- ._`::_`Z ",v,. . W- -. . - -. .. ,._ -. 't -�^.x -• C:.,._ ..may."+, ,.s ,- ��.5_.tr_ .» .- r-'•„ -r^ . - - _. - -- '--= ^-_•. -'1� _ ��C�_ _ -��y}� t ._ . - x•?, ='•;.`",`.L. "^�r.'! =:, -• ... -b,. -` - y`•� 4� A� .'a.;.s'�" `_-- �.1- '�i'F, '"�',b�t' - xfG :AGE -t' _ - E ` I�3AIVO, 'ER COUP # JACK G S T OCICS GERT" THAT TI[S PLAN' WAS DRAWN UNDER MY 4 c _`SUPERVISION FROM AN ACTUAL SURVE Y MADE UNDER MY 'SUPERVISION ,a WE DESC.RIP 0lN RECORDED IN D � : PACE -- -�>r A�' �. r--� �- �- NOT SURVEYED ARE CLEARLY INDICATED I=D AS DRAWL �- � DOD.I`�DA�RIE�' _ .... FROM INFOR,�tM ON FOUND IN BOOK , PAGE � ; THAI THE RA770 OF PRECISION AS CALCULATED =S I :10000; THAT THIS PLAT WAS PREPARED I ACC OR D ACE WITH G.13- 47-30 AS IEDED. s r Wi7±ll E .. ORIGINAL •SlGI ATL�RE - REGISTRA770N NUMBER AND SEAL ' � � �` MS AY OF��.D., 19 N.C. REGISTRATION NO.. L--8$G � •i 'x � x 9fo f Jjff � � Ji7a lX,P �1, � ✓ i � a � � I� 1? 4K 4j j {vq } �o �°1 ! r� goo AF Olt NNs 4 r (7 NEW HANOVER COUNTY NORTH CAROLINA 1, A ;VOTARY PUBLIC OF THE COUNTY AND STATE AFORESAID, CERTIFY THAT JAgK G. STOCKS, REGISTERED LAND SURVEYOR, PERSONALLY APPEARED BEFORE ICE- THIS DAY AND ACKNOWLEDGED THE EXECUTION OF THE FOREGOING INSTR�ENT. WITNESS Y HAND AND OFFICIAL STAMP OR SEAL, THIS' DAY OF ,! EVONNE M. NOTARY P!. k my- COMMIll EXPIRES U/14r96 4•, :elre�er - ~ ' �$s a� tea• � � T �$ � � � V •r a ;�• ,;� * �'° ate& � a� � � - -e' .rt-•- sa 6' � a s .1 A g� • � • l NEW HANOVER CO UNTY' IVOR ff CAP, OL&A T � i� ��- �r�- T � q 1�' NOTARY PUBLIC 1 fC. t VItL�V'tJtf�v:r v>`st r rr r+►r- ce'�.: yr �....�r- - r. NEW HANOVER CO UN Y I CENT IF1ED T CORNET. FfLEO FO, - 1 REGIS RATION O� THE DAY O F 19 -t A 69 A Il R0 DULY RECORDED IN4 AP BOOK - ' AT PAG � . MARY SUE 00M0 REDS -T F � CZJ i � �Q o� FOn► f� Jr 1-� T %c kl ='tt! u.A il�tlti7 t'.11f_I�iTY AWWT" f`AQLll MIA t' t- a`IT tld°- [fYL/YLft VVtl7 r' I i FV-vr t 9't- -r vrfr *r�rrve . POMEOWNERS ASSOCIATION COVENANTS CONDITIONS AND RESTRICTIONS FILED FOR REGIS TRATIMON TPE DAY Of- , !9 AT AID /PIS Ai\iD DULY RECORDED IN DE ED BOOK AT PAGE - MARY SUE OOTS, REGISTER OF DE'E'DS BY: r G RTI 'IC'!�:-' -E' f3�fi�_'! :ix�ll 1#`� A'7`e 1 �E�' 1" i J` I. "' -. NOTWITI &TAND il ' At8W HAMOVER COUNTY APPROVAL OF THIS PLAT, LOTS SHOWIVDNI. tD PLAT MAY NOT RECEIVE HEAL 1 �' DEPAR t�VI-EN . f APPROVAL FUpit 6N SITE SEWAGE DISPOSAL. SYSTEMS., NOR FOR INDIVIDUAL WATER SUPPLY SYSTEMSr - THIS PLAT IS OF A. SURVEY THA* CREATES A SUBDIVIS[Off OF LAND NITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN -� ORDINANCE T1 !A'1: REGULATE 5 PARCELS OF LAND. JACK G. STOCKS -HIGH 01 E-Nocl TY ''.�''.��.".t- �.%}i"�' ' :e1S%s'�S-i�QiY4�+Y �:'� �r7.r.'J.�r ;:,.�•=x?4y'a :�"- o'-':: ;�'t:•�ti �1'fi's`� �'�.k7•r3�iw`,� 1 N a� ltj 0 w. 4 �1 . :. '. - ~ �i13 •'. i�••�•e ,� •.-5a. l .y. • ti - ,� ��u, y -•1. +'s ). x�',- ,r:.; _ ' S• i. b, RatiF' i,-' a.. L�'. �:': §�- +m'��..,'=;•.r4S?- �• -. -. -4 4o15 �� ..r`..� -. ��+,- ._"•`c_.:"c�,.�'�'`- _'�:�. :�; �:n'r''�- .- :z`'�•..- �'.,t_::i��•S"'�""- •+v.`�a:> 1�;.- .',..�:ew's,_.r_�• _ _tea, t�"•. -:: .cis,�.•,�wz ��,s.... le rD W 4 VV • -7j ■ 1 V • I of 5�7 -7, 1 �34 t "71(77 t = �dn !!� 111 A nseY. e�-s!!a 071• .-.. r.n�r.rr:• r �.�. 1�) "I t *-7 44 '7j, �. �9. tj 47 4 6'04 149 °,,. 10 MARY SUE OOTS, REGISTER OF DE'E'DS BY: r G RTI 'IC'!�:-' -E' f3�fi�_'! :ix�ll 1#`� A'7`e 1 �E�' 1" i J` I. "' -. NOTWITI &TAND il ' At8W HAMOVER COUNTY APPROVAL OF THIS PLAT, LOTS SHOWIVDNI. tD PLAT MAY NOT RECEIVE HEAL 1 �' DEPAR t�VI-EN . f APPROVAL FUpit 6N SITE SEWAGE DISPOSAL. SYSTEMS., NOR FOR INDIVIDUAL WATER SUPPLY SYSTEMSr - THIS PLAT IS OF A. SURVEY THA* CREATES A SUBDIVIS[Off OF LAND NITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN -� ORDINANCE T1 !A'1: REGULATE 5 PARCELS OF LAND. JACK G. STOCKS -HIGH 01 E-Nocl TY ''.�''.��.".t- �.%}i"�' ' :e1S%s'�S-i�QiY4�+Y �:'� �r7.r.'J.�r ;:,.�•=x?4y'a :�"- o'-':: ;�'t:•�ti �1'fi's`� �'�.k7•r3�iw`,� 1 N a� ltj 0 w. 4 �1 . :. '. - ~ �i13 •'. i�••�•e ,� •.-5a. l .y. • ti - ,� ��u, y -•1. +'s ). x�',- ,r:.; _ ' S• i. b, RatiF' i,-' a.. L�'. �:': §�- +m'��..,'=;•.r4S?- �• -. -. -4 4o15 �� ..r`..� -. ��+,- ._"•`c_.:"c�,.�'�'`- _'�:�. :�; �:n'r''�- .- :z`'�•..- �'.,t_::i��•S"'�""- •+v.`�a:> 1�;.- .',..�:ew's,_.r_�• _ _tea, t�"•. -:: .cis,�.•,�wz ��,s.... le rD W 4 VV / Z o Ll f "��� %..� �>� 14-1 i ii C RI IF[CA t E OF OWNERSHIP* DEDICATION AND JURt3DIC I JON tWE), �3r- „ • :emu - � -: � � -r ,4 [ 7- `T` � ?�q� R Y '3 t i 'I EIF?El t -G- .lt 1 1l t i ri f1^4'1 t rst.� e--crtL rr.'re.. wr.r�r'•v ..s r �: .. c __ �r: Aw' DESCRIBED HEREON AND THAT I (WE) HEREBY' ADOPT THIS PLAN OF SUBDIVISION ''lTH Y � #� � ' �� i �� � ` � � TATWN tt - (OUR) FREE CONSENT ESTABLISH! THE MiNII.Uhl BUILDING LkNES AND DE•DICA I ION OF ALL = LC OR REETSS ALLEYS, WALKS, PARKS, CONSERVATION SPADE AND OTHER AS TO P ONIS I N F il � I WAYS - �4rx.L! PRIVATE E' USE AS NOTED. ALL ROADS AA0 DRAIr�,AGE EASEI' FIt..TS ARE 'D �I� FaR PUBLIC UTILITY PURPOSES, FURTHER, I- f FE) CERTIFY THE LAIC- AS S OWN HE'REON IS LOCATE WITHIN TI✓:E SUBDIVISION JURISDIC77M OF NEW HANOVER COUNTY. c r r . L ATE is PPROV/ __ — r t w. '1 "e r i-- r.,•a yr:.- _ - : F ^?_ -1i- __ ...r.!_ . - �'rar..:. __ - _ -T•° i = _V,.,- t L vA s '�dJ -- .`.w` -,dG� - - >> _ Ff �.� �- Ali > z 1 .. ._._ - ,... . .. ,. .,. ... .. ,..-. •. :. .-.. •y ev+,.- :=.�•- ti. r -'cy.. tam — -. � � . "l a._ a .o'- _.'�. '+•' 6-vt= _ s} '•�• -.. Ff '••..#•�� qC '•"�„�'n ��''r -__ .s. c,. '- �i:�._ s, •.s:. ..�- ..:°r '.'-�. .r ..:7.. ''ki; -, .Kf "r �,: v�+� �'=� �.,,... :�.- .__r'k,. -.n a'.',4•a _Ta._.. ,..- .- .__.�+ -•w�. 'X•°- :�:��`.lc.• - s+ . . T�"'�'"X$a,_x .4. 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Board of Commissioners - November 16, 2020 ITEM: 3 - 7 - 3 r / Z o Ll f "��� %..� �>� 14-1 i ii C RI IF[CA t E OF OWNERSHIP* DEDICATION AND JURt3DIC I JON tWE), �3r- „ • :emu - � -: � � -r ,4 [ 7- `T` � ?�q� R Y '3 t i 'I EIF?El t -G- .lt 1 1l t i ri f1^4'1 t rst.� e--crtL rr.'re.. wr.r�r'•v ..s r �: .. c __ �r: Aw' DESCRIBED HEREON AND THAT I (WE) HEREBY' ADOPT THIS PLAN OF SUBDIVISION ''lTH Y � #� � ' �� i �� � ` � � TATWN tt - (OUR) FREE CONSENT ESTABLISH! THE MiNII.Uhl BUILDING LkNES AND DE•DICA I ION OF ALL = LC OR REETSS ALLEYS, WALKS, PARKS, CONSERVATION SPADE AND OTHER AS TO P ONIS I N F il � I WAYS - �4rx.L! PRIVATE E' USE AS NOTED. ALL ROADS AA0 DRAIr�,AGE EASEI' FIt..TS ARE 'D �I� FaR PUBLIC UTILITY PURPOSES, FURTHER, I- f FE) CERTIFY THE LAIC- AS S OWN HE'REON IS LOCATE WITHIN TI✓:E SUBDIVISION JURISDIC77M OF NEW HANOVER COUNTY. c r r . L ATE is PPROV/ __ — r t w. 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Board of Commissioners - November 16, 2020 ITEM: 3 - 7 - 3 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Gate Post Lane located within The Lakes at Johnson Farms subdivision in New Hanover County (Division File No: 1287 -N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 16th day of November, 2020. WITNESS my hand and official seal this the 16th day of November, 2020. Kymberleigh G. Crowell, Clerk to the Board New Hanover County Board of Commissioners Form SR -2 Please Note: Forward directly to the District Engineer, Division of Highways Board of Commissioners - November 16, 2020 ITEM: 3 - 9 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Consent DEPARTMENT: Register of Deeds PRESENTER(S): Tammy T. Beasley, Registrar CONTACT(S): Tammy T. Beasley SUBJECT: Adoption of a Resolution Authorizing the Repair, Restoration and Rebinding of Register of Deeds Record Books BRIEF SUMMARY. Register of Deeds Tammy T. Beasley requests a resolution for the removal of record books from the registry for repair, restoration and rebinding. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the resolution. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - November 16, 2020 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AUTHORIZING THE REPAIR, RESTORATION AND ENCAPSULATION OF REGISTER OF DEEDS MAPS WHEREAS, North Carolina General Statute 132 -7 provides that Board of County Commissioners of any county may authorize that any county records in need of repair, restoration or rebinding be removed from the building or office in which such records are ordinarily kept, for the length of time required to repair, restore, or rebind them; and WHEREAS, New Hanover County Indexes to Marriages Female - Colored A -M and N -Z, Index to Marriages Female -White A -M and N -Z, Regular Map Book, Map Index A -L, M -Z, Map Index 2 A -L, M -Z, Condo Map Index 1, Condo Map Index 2, Condo Map Book 2 -12, Real Estate Book C part 1, C part 2, Book G, H part 2, L1 part 1, L1 part 2, L2 part 1, L2 part 2, M part 1, M part 2, N part 1, N part 2, 0 part 1, 0 part 2, Q part 1, Q part 2, R part 1, and R part 2 are in desperate and dire need of repair, restoration and encapsulation due to years of constant handling and use; and WHEREAS, it is our obligation to maintain and preserve the historical documents contained in the New Hanover County Registry to ensure for future generations that the people will have access to historical documents in their original condition; and WHEREAS, New Hanover County has entered into a contract with Kofile Preservation to deacidify, mend, and encapsulate New Hanover County Indexes to Marriages Female - Colored A -M and N -Z, Index to Marriages Female -White A -M and N -Z, Regular Map Book, Map Index A -L, M -Z, Map Index 2 A -L, M- Z, Condo Map Index 1, Condo Map Index 2, Condo Map Book 2 -12, Real Estate Book C part 1, C part 2, Book G, H part 2, L1 part 1, L1 part 2, L2 part 1, L2 part 2, M part 1, M part 2, N part 1, N part 2, 0 part 1, 0 part 2, Q part 1, Q part 2, R part 1,and R part 2. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of County Commissioners does hereby authorize and sanction Tammy T Beasley, New Hanover County Register of Deeds to remove New Hanover Indexes to Marriages Female - Colored A -M and N -Z, Index to Marriages Female - White A -M and N -Z, Regular Map Book, Map Index A -L, M -Z, Map Index 2 A -L, M -Z, Condo Map Index 1, Condo Map Index 2, Condo Map Book 2 -12, Real Estate Book C part 1, C part 2, Book G, H part 2, L1 part 1, L1 part 2, L2 part 1, L2 part 2, M part 1, M part 2, N part 1, N part 2, 0 part 1, 0 part 2, Q part 1, Q part 2, R part 1, and R part 2 from the New Hanover County Registry located in the New Hanover County Registry for the purposes of repair, restoration and encapsulation by Kofile Preservation. ADOPTED this the 16th day of November, 2020. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - November 16, 2020 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Consent DEPARTMENT: County PRESENTER(S): Easton Fitzpatrick, Advocate /Outreach Coordinator, Domestic Manager Violence Shelter & Services, Inc. CONTACT(S): Chris Coudriet, County Manager SUBJECT: Adoption of Domestic Violence Awareness Month Proclamation BRIEF SUMMARY: Easton Fitzpatrick is the Advocate /Outreach Coordinator for Domestic Violence Shelter & Services. Easton requests that the board adopt a proclamation to recognize October 2020 as Domestic Violence Awareness Month in New Hanover County. New Hanover County partners with Domestic Violence Shelter & Services by providing $50,000 in outside agency funding. The county also provides annual funding through the Department of Social Services. They were converted to vendor status in FY19 -20. This item was on the agenda for October 19, 2020. Since that meeting was canceled we are bringing it forward for approval in November. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - November 16, 2020 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION WHEREAS, domestic violence transcends all ethnic, racial, gender, and socioeconomic boundaries, weakening the very core of our community; and WHEREAS, the effects of domestic violence are far - reaching and may have lifetime implications for families, the criminal justice system, and our community; and WHEREAS, Domestic Violence Shelter and Services, Inc. provides emergency crisis intervention and ongoing support and services in the County for victims and survivors of domestic abuse; and WHEREAS, 1,354 adults and 163 children received direct services such as court accompaniment, advocacy, empowerment groups, and counseling. This includes 141 adults and 85 children who received emergency shelter through Domestic Violence Shelter and Services, Inc. in 2019; and WHEREAS, on September 4, 2002, Gladys Bryant, an employee of New Hanover County for more than two decades, and on August 6, 2008, Tarica Pulliam, an employee of New Hanover County for two years, lost their lives in acts of domestic violence exhibiting to all their coworkers and friends the prevalence of domestic violence and its consequences; and WHEREAS, many other persons throughout the County and the United States find themselves in abusive relationships and need to find a safe and empowering environment; and WHEREAS, this year's theme "Leading with Love" serves as a call to action to citizens of New Hanover County to encourage, support, and empower one another to live lives free from violence. NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of Commissioners refuses to tolerate domestic violence in any form and wishes to create a society that promotes strong values, fosters a safe, and loving home environment for every family, and encourages our citizens to enhance their efforts to work together to address the problem of domestic violence. BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that October 2020 be recognized as "Domestic Violence Awareness Month" in New Hanover County. ADOPTED this the 16th day of November, 2020. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - November 16, 2020 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Consent DEPARTMENT: Health and Human Services PRESENTER(S): David Howard, Assistant Health Director CONTACT(S): David Howard SUBJECT: Adoption of Diabetes Awareness Month Proclamation BRIEF SUMMARY. In North Carolina, 1 in 10 adults report having been diagnosed with diabetes and 50,000 North Carolinians are newly diagnosed with diabetes annually. Increasing community awareness can improve the likelihood that people with diabetes or prediabetes will get the education they need to prevent or reduce complications pf the disease. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - November 16, 2020 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS DIABETES AWARENESS MONTH PROCLAMATION WHEREAS, 1 in 10 adults in North Carolina report having been diagnosed with diabetes, and approximately 1 in 4 people with diabetes are unaware they have the disease; and WHEREAS, over 50,000 North Carolinians are newly diagnosed with diabetes annually; and WHEREAS, complications from diabetes include heart disease, stroke, blindness, kidney disease, pain, erectile dysfunction, amputation, and death; and WHEREAS, Type 1 diabetes is an autoimmune disease in which a person's pancreas stops producing insulin, causing lifelong dependence on an insulin pump or injections. The causes of Type 1 diabetes are not entirely understood and there is no prevention for the disease; and WHEREAS, more than 9 in 10 adults with a diabetes diagnosis in the United States have Type 2 diabetes, and more than 1 in 3 adults have prediabetes, a condition that puts them at greater risk for developing Type 2 diabetes. Racial and ethnic minority populations also have a greater risk of developing Type 2 diabetes; and WHEREAS, unlike Type 1 diabetes, Type 2 diabetes can be prevented or delayed through participation in a diabetes prevention lifestyle change program; and WHEREAS, increasing community awareness of diabetes risks and symptoms can improve the likelihood that people with diabetes or prediabetes will get the education they need to prevent or reduce complications of the disease. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that November 2020 will be recognized as "Diabetes Awareness Month" in New Hanover County. Furthermore, the Board encourages our community to learn and take action on measures to prevent potential complications from diabetes such as healthy eating, regular exercise, managing cholesterol and blood sugar levels, reducing stress, and avoiding smoking. ADOPTED this the 16th of November, 2020. NEW HANOVER COUNTY Julia Olson - Boseman, Chair Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - November 16, 2020 ITEM: 6 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Consent DEPARTMENT: Health and Human Services PRESENTER(S): Mary Beth Rubright, Social Services Assistant Director CONTACT(S): Mary Beth Rubright SUBJECT: Adoption of Adoption Awareness Month Proclamation BRIEF SUMMARY. Adoption is the goal for many special needs children in foster care. There are an estimated 125,422 children nation- wide and an estimated 2,819 foster children in NC waiting to be adopted annually. Many children find permanent homes through adoption. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - November 16, 2020 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ADOPTION AWARENESS MONTH PROCLAMATION WHEREAS, every child deserves the chance to grow up in a loving, stable family and adoption is a beautiful way to build a family. An estimated 59,430 children were adopted nation -wide from a public agency in 2017 and 1,528 children were adopted from foster care in 2017 in North Carolina; and WHEREAS, adoption is the goal for many special needs children in foster care and there are an estimated 125,422 children nation -wide, and an estimated 2,819 foster children in North Carolina waiting to be adopted annually; and WHEREAS, some special needs children are teenagers, and some have physical, emotional and behavioral challenges. They are children of all races. Many have been neglected, abandoned, abused and /or exposed to drugs and alcohol. Others are brothers and sisters who want to grow up together. They need our care and they need security; and WHEREAS, many children find permanent homes through adoption by their foster families or relatives, thereby creating an on -going need for new foster and adoptive families. Fifty -two children in New Hanover County found permanence through adoption this past fiscal year. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that November 2020 will be recognized as "Adoption Awareness Month" in New Hanover County. The Board thanks all adoptive mothers and adoptive fathers for their commitment to children. Furthermore, the Board encourages our community to honor the special needs of New Hanover County's children in hopes of securing a permanent, loving family for each and every child regardless of race, age, gender, health, emotional, or behavioral condition or past distress. ADOPTED this the 16th of November, 2020. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - November 16, 2020 ITEM: 7 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Consent DEPARTMENT: Human Resources PRESENTER(S): Mark Francolini, Chief Human Resources Officer CONTACT(S): Mark Francolini SUBJECT: Approval of Personnel Policy Changes BRIEF SUMMARY: Following a review of our personnel policies, we are submitting policy changes for your consideration and approval. • A number of changes include text modifications for better clarification to processes that are already in place. • We are recommending a change to our current policies related to leave under the Family & Medical Leave Act (FMLA) and under paid parental leave. Changes will eliminate combined leave limits shared between employees (spouses or parents of children) under our FMLA and paid parental leave policies. • Included is an update to our education leave policy that would allow benefits - eligible employees up to three hours of leave per week to attend courses for a degree program related to a county function, when the course is only offered during work hours. • Another substantive change is the recommended addition of a personal floating holiday for employees to use each calendar year (beginning January 1, 2021) for religious, cultural, or federal observances not included in our designated holiday schedule. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the policy changes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - November 16, 2020 ITEM: 8 Policy Change Summary for 11/16/20 Article 4 - Employment Section 4.2 — Equal Employment Opportunity Policy: Update that discriminating against an individual on the basis of sex includes gender identity and sexual orientation. Article 6 — Conditions of Employment • Section 6.17.1 — Workplace Protection — Policy Statement: Better clarification about what the policy prohibits. Article 7 — Leave • Section 7.0 — Purpose and Applicability: Clarifies the paid leave overage excludes county designated holidays, bereavement, and administrative leave • Section 7.1— Holiday Leave: The Office of State Personnel is now called the North Carolina Office of State Human Resources of which we follow their schedule of designated holidays. • Section 7.1.5 — Personal Floating Holiday: This new policy allows for one floating holiday per calendar year (beginning 1/1/21) for religious, cultural, or federal observances not currently included on our designated holiday schedule. • Section 7.4.1 —Sick Leave Bank — Policy: Clarification that eligibility requires employees to exhaust all accrued leave (not just sick and personal leave) and that paid leave will not accrue when withdrawals from the sick leave bank are made to cover an entire pay period. • Section 7.4.2 — Sick Leave Bank Procedures — Enrollment: Text modification that the minimum balance of hours for eligibility in the sick leave bank may come from all accrued paid leave (i.e., includes accrued emergency leave). • Sections 7.11 — 7.11.2 - Education Leave: Modifies our current policy, adding a purpose and applicability explanation and a policy and procedures section. These changes will allow benefits - eligible employees up to three hours of leave per week to attend required courses for a degree program directly related to a county function, when the required course is only offered during an employee's scheduled work hours. • Section 7.14.2 — FMLA — Entitlement Options: This recommended change will eliminate combined leave limits shared between spouses eligible for leave to care for parents or children. With this change, each spouse will be eligible for the maximum 12 -week limit. • Section 7.19.2 — Paid Parental Leave — Policy: Clarifies that any additional leave that is requested, after returning to work from having taken the leave, cannot exceed the maximum allowed by the policy. • Sections 7.19.3 and 7.19.5 — Paid Parental Leave — Amount of Leave and Usage: As with the FMLA policy, this change will eliminate combined leave limits shared between employees who are parents of a child, which qualifies them for leave under this policy. With this change, each employee parent will each be eligible for a maximum six weeks of leave. As a result of this change, a reference to the combined limit in an example had to be changed. Article 9 — Appeals and Grievances • Sections 9.1 — 9.1.2 and 9.1.4 - Employee Appeals of Disciplinary Actions: Modified the text to better explain the different procedures between employees who are not department heads or direct report of the county manager and those who are department heads or direct reports of the county manager. In summary, the changes clarify differences in the procedures for appeal hearings with the county manager, following receipt of a disciplinary action. • Sections 9.1.5 and 9.1.6: Sections may be removed due to changes described above. Table of Contents • Modified due to above - referenced changes. Board of Commissioners - November 16, 2020 ITEM: 8 -1 -1 NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES ARTICLE 4: EMPLOYMENT 4.0 Purpose and Applicability In establishing and following employment policies, the County strives to attract, select and employ the most qualified and best suited candidates for position vacancies, all the while fostering and promoting equal employment opportunity. These policies apply to all applicants and employees applying for the position. 4.1 Policy It is the policy of the County to employ according to merit and fitness. To that end, it will be the practice of the County to use all available means to attract qualified candidates for employment, and to make such investigations and examinations as are deemed appropriate to fairly assess the aptitude, education and experience, knowledge and skills, abilities, character and other standards required for positions in the service of the County. 4.2 Equal Employment Opportunity Policy New Hanover County is committed to maintaining a work environment that is free of discrimination. In accordance with employment discrimination law, the County prohibits any supervisor, employee, agent or customer of the County from discriminating against any individual on the basis of race, sex (including Render identity and sexual orientation), color, religion, national origin, age, pregnancy or disability. Personnel decisions (including decisions affecting hiring, promotion, work assignments, disciplinary actions, receipt of benefits, or participation in organization- sponsored programs) shall not be based on an individual's protected status. Any applicant for employment or any employee who believes a personnel decision was based on their protected status may contact Human Resources. All complaints of unlawful workplace harassment, including sexual harassment, will be investigated promptly and where necessary, immediate appropriate action will be taken to stop and remedy any such conduct. Any supervisor, agent or employee found in violation of this policy is subject to disciplinary action, including dismissal. 4.3 Recruitment Procedures As a position becomes vacant, the hiring department will submit a requisition to fill the vacancy to the Human Resources Department for review and approval by the Chief Human Resources Officer. The Chief Human Resources Officer may approve filling casual part -time or temporary position vacancies, after determining the hiring department has sufficient funds in its budget to support the position. Upon approval to fill position vacancies, the Human Resources Department will publicize employment opportunities by posting position vacancies on the County website and through other recruitment sources to reach as wide a geographic area as is necessary to attract a Established: May 1977 Article 4 - Employment Page 1 Last Revised: july 1, November 16, 2020 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 2 �}iJTY. NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES s f�M ;oxNFF^'�• 6.17.1 Workplace Protection - Policy Statement This policy provides for: a. A reporting /complaint procedure for any individual who experiences or witnesses' behavior prohibited by this policy; b. A response procedure for supervisors who become aware of behavior prohibited by this policy; c. Accountability for violations or enforcement failures through appropriate disciplinary actions; d. Actions by the County to heighten employees' and supervisors' awareness of workplace violence issues, including domestic violence as it relates to the workplace; e. Supporting victims of workplace or domestic violence; f. Fostering a climate of trust and respect among workers and between employees and management; and g. When necessary, seeking advice and assistance from outside resources, including threat assessment; psychologists, psychiatrists and other professionals, social service agencies, and law enforcement. This policy prohibits any acts of aggression or violence by any individual while on County property. This policy also prohibits acts of aggression or violence by or against any County employee, while acting as a representative of the County, whether on County property or not. These acts include but are not limited to: a. Any act or threat of bodily harm or property damage, including subtle or implied threats to an individual or his or her family, friends, or associates. (A threat is the expression of an intent to cause physical harm or property damage as would be perceived by a reasonable person, without regard to whether the party communicating the threat has the present ability to carry it out; whether the threat is subtle or overt in nature; or whether the expression is contingent, conditional or future). b. Fighting or other physical altercations. (A physical altercation is unwanted or hostile physical contact such as fighting, hitting, pushing, shoving, throwing objects, grabbing, touching or any unwanted physical contact.) c. Unauthorized possession or -use, or threat of use of any weapon or caustic /dangerous chemicals, whether concealed or visible, on County property, except by sworn law enforcement officers or other employees as required to perform their job duties or as otherwise allowed by law. (A weapon includes, but is not limited to, firearms, explosives, caustics /chemicals, ammunition, knives or other dangerous or deadly weapons.) Use of other items as weapons, such as a tool or furniture, is also prohibited. limited to, fiFeaFffls, explosives, EaustieS/Eheniieals, ammunition, knives er E)theF E Established: May 1977 Article 6— Conditions of Employment Last Revised: Apirl 6,'^2-0November 16, 2020 Page 14 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 3 Formatted: Indent: Left: 1.25 ", No bullets or numbering �}iJTY. NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES s f�M ;oxNFF^'�• weapons, dangerous eF deadly weapons.) Use of ether iternq as fumitu Fe is also p ehibited e d. Use of language which would be regarded by a reasonable person as likely to invoke violence. f-.e. Repeated following of another individual, known as "stalking" or threatening another person with the intent to place the other person in reasonable fear of his /her safety. g- f_Making harassing or threatening phone calls, letters or other forms of written, text messaging, or electronic communications. 4-.g. Intentionally damaging or threatening to damage County or employee property. i.h. Inappropriate relationships with minors or inappropriate relationships which violate our unlawful workplace harassment policies. 6.17.2 Workplace Protection Policy- Employee Responsibility Employees have the responsibility to adhere to this policy and its established preventive practices and to report violations of this policy to include violent or threatening behavior or other warning signs, following procedures established by this policy. Any employee who experiences or witnesses any acts, conduct, behavior or communication which is in violation of this policy must immediately contact either his /her supervisor, department head orthe Human Resources Department, and if necessary, local law enforcement. Supervisors, department heads, and members of law enforcement who receive reports of violations of this policy are required to notify Human Resources immediately but not later than one business day of receiving notification of a violation. Non - employee victims and non - employee witnesses to such acts may directly or anonymously report such acts and violations of this policy to any employee. Any employee who receives a report of an act or violation of this policy from a non - employee victim or non - employee witness shall notify Human Resources immediately but not later than one business day of receiving notification of the report or violation. Employees should not try to handle a violent or potentially violent incident. When reporting an imminent threat and /or act of violence, an employee should first secure his /her own safety, contact local law enforcement and, if possible, alert persons in the immediate area. Employees threatened, assaulted or attacked, while on official duty in the field, shall immediately report such incidents to local law enforcement and their supervisor. If anyone commits a violent act or makes a direct threat while on County property, the person will be asked to leave by a supervisor. Should the person refuse to leave, local law enforcement should be contacted to assist in removing the person. Any employee who violates the workplace protection policy will receive appropriate disciplinary action, which may include dismissal. Employees who have information about Established: May 1977 Article 6— Conditions of Employment Last Revised: Apirl 6, 2 )2GNovember 16, 2020 Page 15 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 4 Y NJ NEW HANOVER COUNTY z; PERSONNEL POLICIES & PROCEDURES n�f ARTICLE 7: LEAVE POLICIES 7.0 Purpose and Applicability The County's leave policies provide employees with the opportunity to attend to personal and family matters, to renew their physical and mental capabilities and to remain fully productive employees. Paid leave policies apply to regular (benefits - eligible) employees. The use of paid leave during any biweekly period must not result in hours paid that exceed an employee's scheduled (budgeted) biweekly hours. An exception to this is-maybe when the leave is for a paid holiday when county offices are deemed closed for business, '^• whiGh the employee ellgi4le, bereavement, or administrative leave due to an unforeseen county closure. Other unusual circumstances must be approved by the Chief Human Resources Officer. Casual part -time and temporary employees may be eligible for some unpaid leave due to circumstances specified below. 7.1 Holiday Leave New Hanover County will observe the same holiday schedule as designated by the North Carolina Office of State Perse n�nAHuman Resources. 7.1.1 HolidayLeave — Eligibility Only employees assigned to regular (benefits - eligible) positions who, on the work day preceding and following the holidays, were (1) at work, or (2) in an approved paid leave status, shall be eligible to receive holiday pay. If County offices are closed on the day before or after a County holiday due to furlough or if employees are otherwise required to take leave without pay on either day due to budgetary reasons, the County Manager may waive the requirement that employees work or are in an approved paid leave status on those particular furlough days. 7.1.2 Holiday Leave - Number of Hours Paid The amount of time allowed for a paid holiday is based on the number of annual hours for which an employee's position is budgeted. If employees' normal work schedules are other than the standard 2,080 hours /year, their holiday pay may be prorated based on the number of hours budgeted for their positions. Fire Services staff scheduled to work 24 -hour shifts receive 12 hours of holiday pay for each holiday. 7.1.3 Holiday Leave - Working on a Holiday Established: May 1977 Article 7 — Leave Policies Last Revised: july 1, 20019November 16, 2020 Page 1 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 5 �}iJTY. NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES s f�M ;oxNFF^'�• If employees must work on a paid holiday and they are in a position that is non - exempt from the FLSA, they will be paid for all time worked in addition to holiday pay. If they are exempt from the FLSA, they will be granted a paid holiday at a later date of their choosing with their supervisor's prior approval. They are encouraged to take this holiday before the end of the calendar year if possible. 7.1.4 Holiday Leave - Effect of Other Paid Leave Sick or personal leave or some other paid leave may not be used if an employee is not eligible for holiday pay. Employees eligible for holiday leave may use other paid leave to augment the holiday leave for reasons that may include accommodating flexible schedules. 7.1.5 Personal Floating Holiday t Formatted: Indent: Left: 0.5" Effective January 1, 2021, employees in a regular (benefits - eligible) position year will be- eligible for one (1) personal floating holiday during each calendar year. The personal floating holiday shall only be used for religious, cultural or federal holiday observances which have not otherwise been included on the designated holiday schedule, as identified in Section 7.1 of this article. The leave must be taken as time off on the actual holiday, between January 1 and December 31 of each calendar year, when the holiday being observed falls on an employee's regularly scheduled work day. The amount of time allowed for the personal floating holiday is based on the number of annual hours for which an employee's position is budgeted, i.e. eight (8) hours for the standard work schedule of 2,080 hours per year. If employees' normal work schedules are other than the standard 2,080 hours /year, their holiday pay may be prorated based on the number of hours budgeted for their positions. Paid leave from the personal floating holiday should not result in an emolovee being paid for more hours than their scheduled hours for the pay period. All leave requests must be approved by the supervisor prior to the employee taking such leave. Employees are encouraged to request leave for the religious, cultural, or federal holiday being observed as soon as possible, in order to allow for proper planning and staffing. Employees requesting leave for a personal floating holiday under this policy must be at work or in an approved paid leave status on the preceding and following work day, in order to be eligible to receive the personal floating holiday pay. In tracking the number of hours of leave for a personal floating holiday that an employee is paid each calendar year, the system will use the date of the pay check containing paid personal floating holiday as the date of use. For example, if an employee uses a personal floating holiday during the last week of the calendar year and is paid that leave in a oavcheck in January of the new calendar vear. the leave will count against the number of hours allowed in the new calendar year Established: May 1977 Article 7 — Leave Policies Last Revised: '��',�y 1, 2019November 16, 2020 Page 2 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 6 Formatted: Indent: Left: 1" Formatted: Strikethrough y ' NEW HANOVER COUNTY tT� Ayy PERSONNEL POLICIES & PROCEDURES l��ti 14? No leave balance will be carried over to subsequent years. Leave for the personal floating holiday is non - cumulative and, upon termination, an employee will not be paid for any eligible leave that was not taken under this policy. 7.2 Personal Leave Personal leave may be used for rest and relaxation and for approved sick leave. Only regular benefits - eligible) employees can accrue personal leave. 7.2.1 Personal Leave - Accrual Regular (benefits - eligible) employees scheduled /budgeted to work 2,080 hours a year shall accrue personal leave based on consecutive years of County service, as follows: Years of Service Personal Leave Hours Accrued per Pay Period Personal Leave Days Accrued per Year Up to 2 3.0769 10 2 -4 3.6923 12 5 -9 4.6154 15 10 -14 5.5385 18 15 -19 6.4615 21 20 or more 7.3846 24 Regular (benefits - eligible) part -time employees shall accrue personal leave at a rate which is prorated in accordance with the per cent of full -time equivalency (FTE) scheduled /budgeted to work. For example, the accrual rate for a regular (benefits - eligible) part -time employee who is scheduled /budgeted to work 50% of a full -time position (.50 FTE; 1,040 hours a year; 20 hours a week) is 50% of the above accrual rates. Regular (benefits - eligible) employees scheduled /budgeted to work more than the standard 2,080 hours in a year and whose workday hours exceed the standard eight (8) hours, shall accrue personal leave at the prorated amounts indicated below: • Regular (benefits - eligible) employees scheduled /budgeted to work 2,184 hours a year shall accrue personal leave at a rate which is 5.0% higher than those scheduled /budgeted to work 2,080 hours a year. • Regular (benefits - eligible) employees scheduled /budgeted to work 2,340 hours a year shall accrue personal leave at a rate which is 12.50% higher than those scheduled /budgeted to work 2,080 hours a year. Established: May 1977 Article 7 — Leave Policies Last Revised: july 1, 20019November 16, 2020 Page 3 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 7 �}iJTY. NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES s introductory period, who meet all of the eligibility criteria as described below, and who participate in the sick leave bank program by contributing the required personal leave to the bank. Participation in the sick leave bank program is voluntary. "Immediate family member" includes the employee's father, mother, wife, husband, son, daughter, brother, sister, grandfather, grandmother, mother -in -law, father -in -law, son -in -law, daughter -in -law, brother -in -law, sister -in -law, grandson, granddaughter, half- sister, half- brother, stepmother, stepfather, stepson, stepdaughter, stepsister, or stepbrother. 7.4.1 Sick Leave Bank - Policy This policy establishes a bank of available sick leave hours, voluntarily contributed to, or "deposited" by, employees on an annual basis. Eligible employees may request sick leave from this sick leave bank in certain catastrophic situations. A catastrophic situation exists when a serious health condition of the employee or a member of the employee's immediate family requires the care of a physician for a prolonged period of time and forces the employee to exhaust all accrued peFsenal and sick leave. To be eligible, employees must have deposited leave to the bank during the enrollment period of the same plan year as when they request to withdraw leave; they must have exhausted all accrued personal and sick leave; and they must have an approved catastrophic situation which prevents them from returning to work. Paid leave will not accrue during any full Pay period an employee withdraws leave from the sick leave bank. This policy does not apply to job-related illnesses or injuries. 7.4.2 Sick Leave Bank Procedures - Enrollment a. Only regular (benefits - eligible) employees who have successfully completed the introductory period may participate. b. Only employees with a minimum balance of 80 hours of accrued PeFsenal and sick leave combined as ofthe beginning date of the new benefit plan year may participate. If an employee enrolls during the enrollment period, but does not have the minimum leave balance required at the beginning date of the new plan year, no personal leave will be taken from the employee's personal leave balance to deposit into the bank and the employee will not be considered a participant. c. Full -time employees must deposit at least eight (8) hours of persena#rom any available accrued leave, excluding sick leave, in the bank. Part -time employees must deposit personal leave in the bank in the amount of a prorated number of hours based on their position FTE status. For example, an employee in a 50% FTE position must deposit at least four (4) personal leave hours in the bank. d. Employees who wish to participate in the sick leave bank program must deposit to the bank during the open enrollment period established for each plan year. e. An additional enrollment process may be conducted when the number of hours in the bank is insufficient to fulfill a request. Established: May 1977 Article 7 — Leave Policies Last Revised: '��',�y 1, 2019November 16, 2020 Page 7 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 8 7.11 �}iJTY. NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES s f�M ;oxNFF^'�• Administrative leave covers only the employee's regular hours of work on those days the employee is scheduled to work. It does not cover the periods of unscheduled or overtime work performed in relation to an emergency. Where work is performed in response to an emergency by an employee who is eligible for administrative leave during declared administrative leave period(s), the employee shall be granted an amount of paid leave that is equal to such hours worked. The leave must be used within 90 days from when it is granted or by the end of the fiscal year, whichever is greater. The leave will not be paid out upon termination or change to a status that makes the employee ineligible for paid leave. Every employee eligible for administrative leave who would otherwise be in an "at work" status when administrative leave is declared may receive the benefit of that leave. However, employees in an approved leave status (sick, personal, leave without pay) that is scheduled to last the duration of the administrative leave shall not be eligible for administrative leave. When the pre- approved leave is scheduled to end prior to the end of administrative leave, the employee shall be eligible for that leave on the date they are scheduled to return to work. Employees in an unapproved leave status immediately preceding, during or immediately following the declared administrative leave period shall not be eligible for administrative leave pay. Employees directed by official notice to evacuate their homes are entitled to administrative leave prior to the official start of the declared administrative leave period. Administrative leave for these employees will begin at the point the evacuation order is issued and upon notification to appropriate supervisory personnel. If the evacuation is completed before administrative leave begins, the employee should report back to work or request to use personal leave. Administrative leave for eligible employees required to work the first emergency shift may begin prior to the official start of administrative leave, at the discretion of the County Manger. This will allow those employees time to prepare for the emergency and rest prior to reporting for their shift. Employees returning home at the end of a shift to sleep before reporting for their next shift are not entitled to administrative leave between shifts. Administrative leave does not count as hours worked for overtime purposes. Education Leave — Purpose and Applicability Employees are encouraged to further their education. The County recognizes that some courses~ Formatted: Font: Not Bold required for a degree program may only be offered during an employee's regularly scheduled Formatted., Indent: Left: 0.5' work hours. This policy of providing paid educational leave for this purpose applies to regular Formatted: Font: Not Bold (benefits - eligible) employees who have successfully completed their introductory period. Established: May 1977 Article 7— Leave Policies Last Revised: 'u'November 16, 2020 Page 16 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 9 �}iJTY. NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES s f�M ;oxNFF^"�• 2.11.1 Education Leave —Policy Formatted: Font: Bold Full -time regular (benefits - eligible) employees may request up to three (hours) per week♦ Formatted: Indent: Left: 1" of education leave ,which includes reasonable travel time, to attend a course during their regularly scheduled work hours. Part -time regular (benefits - eligible) employees may be eligible for the same benefits on a pro -rata basis. Employee must not be paid for hours greater than their scheduled hours during any pay period educational leave is taken. If the total leave reauested is ereater than three (3) hours per week or the part -time♦ prorated amount, €employees may be granted personal leave or leave- without -pay during regular working hours for the additional leave or may be allowed to work a flexible work schedule to attend courses of study which will benefit the employee and the County, with prior approval of their department head. Employees may also be granted an extended leave of absence without pay to further their education in a way that will benefit the employee and County. The educational leave of absence without pay will not exceed six (6) months. When in an educational leave of absence, employees may continue their group health and dental insurance coverage so long as they make timely payments, but they will be responsible for the total monthly costs (both employer and employee shares). Formatted: Font: Not Bold Formatted: Indent: Left: 1" 2.11.2 Education Leave — Procedures _ Formatted: Indent: Left: o" Formatted: Font: Bold A request for education leave for the duration of each course(s) must be submitted to the. Formatted: Indent: LeR: 1" supervisor and forwarded through the appropriate routes to the chief human resources officer (or elected official) as soon as possible after acceptance into the course, but no later than five (5) working days before the course begins, for approval or denial. The following guidelines will be followed when approving education leave: • The employee must be enrolled in a degree program directly related to a county- Formatted: Bulleted+ Level: 1 +Aligned at: 1.25" + function. I Indent at: 1.5" • The course is a requirement of the degree. • The course is not offered at any other time outside of the employee's work hours. • The education leave will not significantly disrupt the flow of work of the individual or the flow of the department or unit. Employees will be notified of the final disposition of each request for education leave.~ Formatted: Indent: LeR: 1" This leave is non - cumulative and an employee will not be paid out upon termination. 7.12 Bereavement (Funeral) Leave - Purpose and Applicability The County understands the deep impact that a death in the family can have upon an employee and the need for time to grieve, make arrangements for and attend funeral or memorial services. This policy of providing paid leave for this purpose applies to regular (benefits - eligible) employees. Established: May 1977 Article 7— Leave Policies Last Revised: 'u'November 16, 2020 Page 17 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 10 /f �3N Y NJ NEW HANOVER COUNTY z; PERSONNEL POLICIES & PROCEDURES '�Mioxa n "� c. To take medical leave when the employee is unable to work because of a serious health condition; d. Due to "any qualifying exigency" arising out of the fact that the employee's spouse, parent or child is on active military duty or has been notified of an impending call to active duty status in support of a contingency operation. e. To care for the employee's spouse, parent or child who is a covered service member and is recovering from a serious illness or injury sustained in the line of duty (Up to 26 weeks in a single 12 -month period is allowed for this reason). 7.14.2 FMLA - Entitlement and Options Under the FMLA, eligible employees are entitled to up to 12 workweeks of unpaid leave. This policy gives eligible employees the option of using paid personal or sick leave, as appropriate, as well as unpaid leave, against the FMLA leave entitlement. Any use of leave as FMLA- designated leave, paid or unpaid, within the applicable 12 -month period shall be deducted from the employee's FMLA leave entitlement. The method used in determining the 12 -month period in which the employee is entitled to this leave is the "rolling year" measured backward from the date an employee uses any FMLA leave. Under this method, each time an employee takes FMLA leave, the remaining leave entitlement would be any balance of the 12 weeks that has not been used during the immediately preceding 12 months. Sick leave taken on an FMLA basis must be for the employee's own disability due to a serious health condition or to care for the employee's spouse, child or parent who has a serious health condition. Personal leave or unpaid leave may be used for any of the "qualifying reasons" listed above. Any Workers' Compensation - related leave designated as FMLA leave within the applicable 12 -month period shall be deducted from the FMLA leave entitlement. FMLA leave does not have to be taken as a continuous 12 -week leave. An employee may request intermittent time off or a reduced work schedule in cases of a serious health condition of the employee or immediate family member, when medically necessary. Leave for the birth, adoption or foster care of a child does not qualify for an intermittent or reduced schedule leave unless the supervisor and employee agree otherwise. Established: May 1977 Article 7— Leave Policies Last Revised: july 1, 2001- gNovember 16, 2020 Page 20 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 11 �ytJTY. r A NEW HANOVER COUNTY zr; PERSONNEL POLICIES & PROCEDURES c. Placement of a child with the employee for whom the employee permanently assumes and discharges parental responsibilities (in loco parentis). t Formatted: Indent: Left: 1" Employees may only be approved for paid parental leave for one qualifying event in a rolling 12 -month period. The approved leave will only be allowed within twelve (12) months following the qualifying event and when the age of the child(ren) is under 18. The approved leave must be used concurrently with approved FMLA leave or another approved leave of absence for the qualifying event. For example, an employee approved for twelve (12) weeks of leave for a qualifying event defined in this policy must use paid parental leave during the 12 -week period. They cannot return to work and request additional leave under this policy that would result in a total of more than 12 weeks for the same qualifying event. Paid parental leave may be denied or the approved amount may be less than the maximum amount allowed when its usage will continue a consecutive period of paid or unpaid leave and the total amount of leave for the entire period will exceed twelve (12) weeks. If an employee returns to work following an extended period of paid or unpaid leave and requests usage of paid parental leave within 30 days of the return, the leave will be considered as a continuation from the prior leave period and counted toward the twelve (12) weeks. 7.19.3 Paid Parental Leave — Amount of Leave Eligible employees may receive paid parental leave for one qualifying event within a rolling 12 -month period. The amount of paid parental leave for any one person shall not exceed six (6) weeks in a rolling 12 -month period in accordance with the maximum number of hours defined in this policy. All leave must be completed within 12 months of the qualifying event. 7.19.4 Paid Parental Leave— Documentation Requests for paid parental leave must include supporting documentation. Supporting documentation includes, but is not limited to the documentation submitted under FMLA (WH- 380 -E), or one of the following: • Birth of a child: Certificate of live birth or similar government- issued document, listing the employee as the legal parent; • Legal placement of a child: Certified copy of a court order granting legal custody of the child to the requesting employee; Established: May 1977 Article 7— Leave Policies Last Revised: july 1, 20019November 16, 2020 Page 29 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 12 �}iJTY. NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES s f�M ;oxNFF^'�• In Loco Parentis: Notarized statement from the employee asserting that he or she is assuming and discharging the obligations of a parent to a child. The statement must include the age of the child, the degree to which the child is dependent on the employee, the amount of support, if any, provided by the employee, and the extent to which the employee exercises duties commonly associated with parenthood; Non -legal placement of a child: Two (2) official records establishing the employee as named caregiver to the childe (i.e., school enrollment, insurance records, or medical records); and documentation establishing the date when the placement occurred (i.e., insurance records and certificates of death) The request for paid parental leave and the supporting documentation should be provided at least 30 days prior to the birth, adoption or placement, if foreseeable or as soon as possible. 7.19.5 Paid Parental Leave — Usage Paid parental leave may only be used following the qualifying event. This includes waiting periods for any short-term disability benefits in which employees might have enrolled and after such benefits have been paid. Paid parental leave cannot be paid concurrently with short -term disability or any other leave. Paid parental leave may run consecutively or intermittently. For example, if an employee uses only four (4) workweeks out of the six (6) provided under this policy for one (1) qualifying event, the employee (eF the 9theF PaFeRt eMP19yed by eounty whe qbiaIi4&s FE)F the Ica.' ve) may use the remaining two (2) workweeks for the same qualifying event within twelve (12) months following the event. When the request for leave is intermittent, the leave schedule must be approved by a supervisor. Paid parental leave shall run concurrently with an FMLA or other leave of absence for one of the qualifying events identified under this policy. Once paid parental leave has been exhausted, an employee may use other accrued paid leave or leave without pay, in accordance with the county's leave policies. 7.19.6 Paid Parental Leave — Return to Work An employee must return to work for at least 60 days following the period of leave that included and /or exhausted any approved paid parental leave for a particular qualifying event. If an employee fails to return following their usage of paid parental leave, the value of the parental leave shall be recovered. The value of the paid parental leave will be deducted from the employee's final paycheck, including any annual leave to be paid out. When there is no final paycheck or when there is an amount owed after the deduction from a final paycheck, the county will use other means available to recover the value of the leave. Established: May 1977 Article 7— Leave Policies Last Revised: 'u'November 16, 2020 Page 30 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 13 Y NJ NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES ARTICLE 9: APPEALS AND GRIEVANCES 9.0 Employee Appeal of Disciplinary Actions - Purpose and Applicability The purpose of this policy is to ensure that corrective and disciplinary actions for performance or conduct deficiencies are consistent with the County disciplinary policy. This policy applies to all regular (benefits - eligible) employees who have successfully completed the introductory period, with the following exceptions: • Employees in the offices of the Sheriff and of the Register of Deeds, elected officials who by North Carolina General Statutes have full authority in personnel decisions involving employees in their respective departments; • Any employees who are appointed by the County Commissioners whereas, in such appointments, the Board has full authority in personnel decisions over them; or • The Elections Director who is appointed by the Board of Elections which has full authority over the position in personnel decisions. 9.1 Employee Appeal of Disciplinary Actions - Policy This policy provides a procedure whereby eligible employees, who are nen depaFtrAP -M hearg er y0ha dn „t . ...t directly to the County M-,... geF in their day to day operations, may be heard and disciplinary actions may be reviewed for validity and consistent application of applicable County policies. For purposes of this policy, the term "business days" refers to weekdays on which the County is open for regular business. Exceptions are weekend days, County holidays or other weekdays County offices are deemed "closed "for regular business. 9.1.1 Appeal of Suspension, Salary Reduction, Demotion or Dismissal An eligible employee who wishes to appeal a suspension, salary reduction, demotion or dismissal may, within five (5) business days after the disciplinary action and after notifying his /her department head in writing of his /her intentions, appeal the action in writing to the Chief Human Resources Officer. If the employee is a department head or direct report of the County Manager, he /she may appeal the action in writing directly to the County Manager. The appeal must contain the response of the employee to the charges, a response to the disciplinary actions taken, the remedy desired by the employee, and any other pertinent information. Appealing Employee is not a Department Head or not a Director - report of the County Manager, Formatted: Font: Italic Established: May 1977 Article 9— Appeals and Grievances Last Revised: july 1, 20019November 16, 2020 Page 1 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 14 �}iJTY. NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES s f�M ;oxNFF^'�• The Chief Human Resources Officer will assign the appeal to a staff investigator to determine the merit of the action. Within fifteen (15) business days after receipt of the employee's notice of appeal, the staff investigator will make a recommendation to the Chief Human Resources Officer regarding the disposition of the appeal, and the basis for the recommendation and evidence relied upon. The Chief Human Resources Officer reserves the right to further investigate any issues raised in the appeal. Neither party shall have a legal representative or other third party present during the investigation, unless requested and approved under circumstances requiring a reasonable accommodation. The Chief Human Resources Officer will make a written recommendation to the County Manager within five (5) business days after receipt of the staff investigator's recommendation. The recommendation to the County Manager will include the specifics of the charges, the investigator's findings and the basis for the recommendation. The Chief Human Resources Officer will also notify the employee by certified mail to his /her home address of the recommendation to the County Manager within five (5) business days after receipt of the staff investigator's recommendation. Unless a hearing is requested, the County Manager will render a final decision within five (5) business days after the deadline for requesting a hearing. The decision will be sent to the employee's home by certified mail. 9.1.2 Appeal Hearing At the request of the appealing employee, to include a department head or a direct report of the County Manager, the County Manager will conduct a hearing in the matter of suspension, salary reduction, demotion or dismissal. A request by the employee for a hearing shall be made within five (5) business days after receipt by the ennpleyeeemployee, who is a non - department head or who is not a direct report of the County Manager, of the recommendation of the Chief Human Resources Officer. The reauest for a hearing with the Countv Manager from a department head or direct report of the Countv Manager shall be made within five (5) business days after receipt of the disciplinary action taken In the event a hearing is held, the appealing employee and his department head will both be present and have the right to be represented by legal counsel. When the appeal is from a department head. the deputy countv manager or assistant countv manager who directly supervises the department head will be present. Either party may request the presence of any person(s) who will provide information that will assist the County Manager in rendering a decision. The names of all such persons shall be submitted to the County Manager no later than five (5) business days prior to the hearing date. The County Manager will reserve the right to limit the number of persons to appear. The County Manager will render a decision, which includes the basis for the decision and evidence relied upon, within five (5) business days after the hearing and will send the Established: May 1977 Article 9— Appeals and Grievances Last Revised: 'u'November 16, 2020 Page 2 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 15 �}iJTY. NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES s f�M ;oxNFF^'�• decision to the employee's home by certified mail. The decision of the County Manager will be final. All hearings provided for herein shall be conducted during working hours. While every effort will be made to accommodate the schedule of the appealing employee, the appealing employee is expected to be available for the hearing that he or she has requested with the County Manager at the time that the hearing has been scheduled. If the appealing employee fails to show for the hearing at its scheduled date and time, the County Manager will conduct the hearing and render a decision based on the information provided by the parties in attendance. 9.1.3 Appeal of a Disciplinary Warning An eligible employee who wishes to appeal a disciplinary warning may within five (5) business days after the disciplinary action, and after notifying his department head in writing of his intentions, appeal the action in writing to the Chief Human Resources Officer. The appeal must be delivered to the Human Resources Department no later than 5:00 p.m. on the fifth day. The appeal to the Chief Human Resources Officer must contain the response of the employee to the charges and the remedy desired by the employee. The Chief Human Resources Officer will assign the appeal to a staff investigator to determine the merit of the action. Within fifteen (15) business days after receipt of the employee's notice of appeal, the staff investigator will make a recommendation to the Chief Human Resources Officer regarding the disposition of the appeal, and the basis for the recommendation and evidence relied upon. Neither party shall have a legal representative or other third party present during the investigation, unless requested and approved under circumstances requiring a reasonable accommodation. The Chief Human Resources Officer reserves the right to further investigate any issues raised in the appeal. The Chief Human Resources Officer will render a decision within five (5) business days after receipt of the staff investigator's recommendation. The decision will be sent to the home of the appealing employee by certified mail. The decision of the Chief Human Resources Officer is final. 9.1.4 Failure to Comply with Appeal Procedures If the appealing employee fails to comply with the procedures and time limits established herein, the Chief Human Resources Officer or County Manager may dismiss the appeal. Established: May 1977 Article 9— Appeals and Grievances Last Revised: 'u'November 16, 2020 Page 3 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 16 9.2 j NTY. y ' NEW HANOVER COUNTY tT� Ayy PERSONNEL POLICIES & PROCEDURES Grievance - Purpose and Applicability It is the policy of the County to foster the kind of work environment that supports the efforts of all employees to provide quality services to the citizens of New Hanover County. Accepting the inevitability of disagreements between employees and their supervisors, the purpose of this policy is to provide internal procedures whereby such disputes or employee concerns about treatment or conditions of work may be rapidly, fairly and consistently addressed. This policy may not be used to appeal a disciplinary action; the appeal policy should be used instead. This policy applies to all regular (benefits - eligible) employees, with the following exceptions: • Employees in the offices of the Sheriff and Register of Deeds, elected officials who, by North Carolina General Statutes, have full authority in personnel decisions involving employees in their respective departments; • Any employees who are appointed by the County Commissioners whereas, in such appointments, the Board has full authority in personnel decisions over them; or • The Elections Director who is appointed by the Board of Elections which has full authority over the position in personnel decisions. 9.2.1 Grievance Policy Established: May 1977 Article 9— Appeals and Grievances Last Revised: july 1, 20019November 16, 2020 Page 4 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 17 <ihs NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES Table of Contents 7.1.5 Personal Floating Holiday 7.2 Personal Leave 7.2.1 Personal Leave - Accrual 7.2.2 Personal Leave- Use 7.2.3 Personal Leave - Maximum Accumulation 7.2.4 Personal Leave - Pay or Deduction at Separation 7.2.5 Personal Leave - Pay upon Death 7.3 Sick Leave 7.3.1 Sick Leave - Accrual 7.3.2 Sick Leave - Maximum Accumulation 7.3.3 Sick Leave - Balance at Separation 7.3.4 Sick Leave - Restoration Upon Re- employment 7.3.5 Sick Leave - Transfer of Sick Leave from Another Employer 7.4 Sick Leave Bank - Purpose and Applicability 7.4.1 Sick Leave Bank Policy 7.4.2 Sick Leave Bank Procedures - Enrollment 7.4.3 Sick Leave Bank Procedures - Withdrawal 7.5 Leave of Absence Without Pay 7.5.1 Leave Without Pay and Paid Leave Use Rule 7.5.2 Leave of Absence Without Pay - Rules and Procedures 7.5.3 Leave of Absence Without Pay - Retention and Continuation of Benefits 7.5.4 Use of Personal and Sick Leave Prior to Leave Without Pay 7.6 Workers' Compensation Leave 7.7 Maternity Leave 7.8 Military Leave - Policy 7.8.1 Military Leave - Procedures 7.8.2 Military Leave - Paid Military Leave and Pay Differential Policy 7.8.3 Military Leave - Personal and Sick Leave Balance Intact Until Return 7.8.4 Military Leave - Return to Employment Established: May 1977 New Hanover County Personnel Policies — Table of Contents Page 6 Last Revised: Aprd 16, 2020 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 18 <ihl 7.9 Civil Leave NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES Table of Contents 7.9.1 Attending Court in Connection with Duties is Not Civil Leave 7.10 Administrative Leave - Purpose and Applicability 7.10.1 Administrative Leave - Policy 7.11 Education Leave — Purpose and Applicability 7.11.1 Education Leave — Policv 7.11.2 Education Leave - Procedures 7.12 Bereavement (Funeral) Leave - Purpose and Applicability 7.12.1 Bereavement (Funeral) Leave - Policy 7.13 Community Services Leave - Purpose and Applicability 7.13.1 Community Services Leave - Policy 7.13.2 Community Services Leave - Procedures 7.14 Family & Medical Leave - Purpose and Applicability 7.14.1 Family & Medical Leave (FMLA) - Qualifying Reasons for Use 7.14.2 FMLA - Entitlement and Options 7.14.3 FMLA - Continuation of Benefits 7.14.4 FMLA -Job Protection 7.14.5 FMLA - Employee Responsibility 7.14.6 FMLA - County Responsibility 7.14.7 FMLA - Provisional Designation 7.14.8 FMLA- Retroactive Leave Designation 7.14.9 FMLA - Required Medical Certification 7.14.10 FMLA - Second and Third Medical Opinions 7.14.11 FMLA - Fitness for Duty /Return to Work Certification 7.14.12 FMLA - Certification of Treatment Scheduling 7.14.13 FMLA - Family Relationship Certification 7.14.14 FMLA - Abuse 7.14.15 FMLA - Extension of Leave 7.14.16 FMLA - Failure to Return to Work Established: May 1977 New Hanover County Personnel Policies — Table of Contents Page 7 Last Revised: Aprd 16, 2020 Board of Commissioners - November 16, 2020 ITEM: 8 - 1 - 19 <ihl NEW HANOVER COUNTY PERSONNEL POLICIES & PROCEDURES Table of Contents 9.1 Employee Appeal of Disciplinary Actions - Policy 9.1.1 Appeal of Suspension, Salary Reduction, Demotion or Dismissal 9.1.2 Appeal Hearing 9.1.3 Appeal of a Disciplinary Warning 9.1.4 Failure to Comply with Appeal Procedures 9.1.5 DepartmeRt Head Appeal of PiseiplinaFy Aet*E)R 9.1.6 C-, I re to r,,mpl,, with Appeal oreced gyres 9.2 Grievance - Purpose and Applicability 9.2.1 Grievance Policy 9.2.2 Grievance Procedure 9.2.3 Grievance Procedure - Step 1 9.2.4 Grievance Procedure - Step 2 9.2.5 Grievance Procedure - Step 3 ARTICLE 10: EMPLOYEE BENEFITS 10.0 Benefits Policy - Purpose and Applicability 10.1 Benefits Policy 10.1.1 Medical and Dental Insurance - Eligibility 10.1.2 Medical and Dental Insurance - Enrollment 10.1.3 Medical and Dental Insurance - Effective Date 10.1.4 Medical and Dental Insurance - Dependent Coverage 10.1.5 Medical and Dental Insurance - Rates 10.1.6 Medical Insurance for Retirees 10.1.7 Dental Insurance for Retirees 10.1.8 Medical and Dental Insurance - Requirements for Continued Coverage 10.1.9 Medical and Dental Retiree Rates 10.1.10 Continued Medical and Dental Coverage for County Commissioners Leaving Office 10.1.11 Medical and Dental Insurance - Premium Payment 10.1.12 Continued Medical and Dental Insurance - COBRA 10.2 Retirement Benefits Established: May 1977 New Hanover County Personnel Policies — Table of Contents Page 9 Last Revised: Aprd 16, 2020 Board of Commissioners - November 16, 2020 ITEM: 8 -1-20 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Consent DEPARTMENT: Tax PRESENTER(S): Trina Lewis, Collections Supervisor CONTACT(S): Trina Lewis SUBJECT: Approval of September 2020 Tax Collection Reports BRIEF SUMMARY: NCGS 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall Collection Percentages for September 2020 are ahead of collections for September 2019. The report for September 2020 in comparison to September 2019 is as follows: New Hanover County September 2020 September 2019 Real Property 15.58% 12.53% Personal Property 6.21% 10.24% Motor Vehicle 100.00% 100.00% Overall Collection Rate 16.75% 13.96% Total Collected YTD $27,290,330.17 $22,166,889.61 New Hanover County Debt Service September 2020 September 2019 Real Property 15.57% 12.50% Personal Property 6.20% 9.99% Motor Vehicle 100.00% 100.00% Overall Collection Rate 16.74% 13.92% Total Collected YTD $3,598,970.14 $2,913,264.98 Grand Total Collected YTD $30,889,300.31 $25,080,154.59 New Hanover County Fire District September 2020 September 2019 Real Property 15.99% 12.13% Personal Property 5.12% 7.53% Motor Vehicle 100.00% 100.00% Overall Collection Rate 17.27% 13.75% Total Collected YTD $1,730,946.08 $1,336,869.55 RECOMMENDED MOTION AND REQUESTED ACTIONS: Board of Commissioners - November 16, 2020 ITEM: 9 Approve the reports. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - November 16, 2020 ITEM: 9 New Hanover County Monthly Collection Report for September 2020 Current Year 2020 -2021 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 149,939,470.34 $ (11,302.01) $ 1,108.19 $ 9,689,206.94 $ (31,705.56) $ 2,031.99 $ 3,324,563.83 $ $ $ 162,953,241.11 (43,007.57) 3,140.18 Total Taxes Charged Collections to Date *Refunds Write -off $ $ $ 149,929,276.52 23,418,959.13 55,579.96 $ $ $ 9,659,533.37 599,705.63 33.05 $ $ 3,324,563.83 3,324,563.83 $ $ $ $ 162,913,373.72 27,343,228.59 55,613.01 - Outstanding Balance $ 126,565,897.35 $ 9,059,860.79 $ - $ 135,625,758.14 Collection Percentage - 15.58 - 6.21 $ 100.00 $ 16.75 YTD Interest Collected $ - 6,639,204.09 Collections to Date $ 2,714.59 $ 2,714.59 $ 53.58 $ 480,042.26 *Refunds $ 2,141.61 $ 273,469.26 Total 2020 -2021 Collections YTD 27,290,330.17 Prior Years 2010 -2019 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,802,044.87 $ 4,498,965.32 $ 402,846.95 $ 6,703,857.14 Abatements $ (38,979.59) $ (25,673.46) $ - $ (64,653.05) Adjustments $ - $ - $ - $ - Total Levy $ 1,763,065.28 $ 4,473,291.86 $ 402,846.95 $ 6,639,204.09 Collections to Date $ 286,315.59 $ 193,673.09 $ 53.58 $ 480,042.26 *Refunds $ 2,141.61 $ 273,469.26 $ - $ 275,610.87 Write -off $ - $ - $ - $ - Outstanding Balance $ 1,478,891.30 j $ 4,553,088.03 j $ 402,793.37 $ 6,434,772.70 YTD Interest Collected $ 28,551.61 $ 4,870.78 $ 71.72 $ 33,494.11 Total Prior Year Collections YTD 237,925.50 Grand Total All Collections YTD $ 27,528,255.67 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - November 16, 2020 ITEM: 9 - 1 - 1 New Hanover County Debt Service Monthly Collection Report for September 2020 Current Year 2020 -2021 Total 2020 -2021 Collections YTD $ 3,598,970.14 Prior Years 2010 -2019 Real Estate Personal Property Motor Vehicles Motor Vehicles Combined Combined Scroll /Billed $ 19,785,958.25 $ 1,278,589.32 $ 438,699.44 $ 21,503,247.01 Abatements $ (1,491.41) $ (4,183.86) $ - $ (5,675.27) Adjustments $ 154.69 $ 268.15 $ - $ 422.84 Total Taxes Charged $ 19,784,621.53 $ 1,274,673.61 $ 438,699.44 $ 21,497,994.58 Collections to Date $ 3,081,238.86 $ 79,031.84 $ 438,699.44 $ 3,598,970.14 *Refunds - Write -off $ - $ $ $ Write -off Outstanding Balance 1 $ 142,214.88 $ 288,191.96 $ $ 430,406.84 Outstanding Balance $ 16,703,382.67 $ 1,195,641.77 $ - $ 17,899,024.44 Collection Percentage 15.57 6.20 100.00 16.74 YTD Interest Collected $ 129.47 $ 1,122.52 Total 2020 -2021 Collections YTD $ 3,598,970.14 Prior Years 2010 -2019 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - November 16, 2020 ITEM: 9 - 2 - 1 $ 28,672.95 Real Estate Personal Property Motor Vehicles Combined Scroll $ 183,590.02 $ 280,155.74 $ $ 463,745.76 Abatements $ (5,091.81) $ (3,027.31) $ (8,119.12) Adjustments $ - $ - Total Levy $ 178,498.21 $ 277,128.43 $ $ 455,626.64 Collections to Date $ 36,283.33 $ (11,063.53) $ $ 25,219.80 *Refunds $ - $ $ $ - Write -off $ - $ $ $ - Outstanding Balance 1 $ 142,214.88 $ 288,191.96 $ $ 430,406.84 YTD Interest Collected $ 2,984.20 $ 468.95 1 $ $ 3,453.15 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - November 16, 2020 ITEM: 9 - 2 - 1 $ 28,672.95 New Hanover County Fire District Monthly Collection Report for September 2020 Current Year 2020 -2021 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 9,009,165.10 $ (624.80) $ 4,841.81 $ 758,913.22 $ (3,383.81) $ 185.13 $ 250,153.64 $ $ $ 10,018,231.96 (4,008.61) 5,026.94 Total Taxes Charged Collections to Date *Refunds Write-off $ $ 9,013,382.11 1,441,477.26 $ $ 755,714.54 38,669.98 $ $ 250,153.64 250,153.64 $ $ $ $ 10,019,250.29 1,730,300.88 Outstanding Balance $ 7,571,904.85 $ 717,044.56 $ - $ 8,288,949.41 Collection Percentage - 15.99 5.12 $ 100.00 $ 17.27 YTD Interest Collected $ - 381,834.29 Collections to Date $ 645.20 $ 645.20 $ 7.42 $ 22,736.68 *Refunds $ - $ - Total 2020 -2021 Collections YTD 1,730,946.08 Prior Years 2010 -2019 Real Estate Personal Property Motor Vehicles Combined Scroll $ 113,568.63 $ 248,623.36 $ 24,031.75 $ 386,223.74 Abatements $ (3,675.12) $ (714.33) $ - $ (4,389.45) Adjustments $ - $ - $ Total Levy $ 109,893.51 $ 247,909.03 $ 24,031.75 $ 381,834.29 Collections to Date $ 20,219.55 $ 2,509.71 $ 7.42 $ 22,736.68 *Refunds $ - $ - $ - $ - Write -off $ - $ - $ - $ - Outstanding Balance $ 89,673.96 $ 245,399.32 $ 24,024.33 $ 359,097.61 YTD Interest Collected $ 2,106.51 $ 287.29 $ 8.43 $ 2,402.23 Total Prior Year Collections YTD 25,138.91 Grand Total All Collections YTD $ 1,756,084.99 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - November 16, 2020 ITEM: 9 - 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Consent DEPARTMENT: Finance PRESENTER(S): Mary Hazel Small, CFO NHCS CONTACT(S): Lisa Wurtzbacher, Chief Financial Officer SUBJECT: Approval of Board of Education Capital Outlay Budget Transfer BRIEF SUMMARY. On October 6, 2020, the Board of Education approved a Capital Outlay Budget Transfer as follows: • Capital Outlay Fund — Transfer $25,000 from bond contingency to HVAC Control Improvements. Additional funding is needed to cover the budget shortfall of the HVAC Improvement project at Rachel Freeman School of Engineering. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Board of Education Capital Outlay Fund Budget Transfer. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - November 16, 2020 ITEM: 10 Kew Hanover County Schools October Regular Meeting Agenda 10/06/2020 05:30 PM Printed: 10/7M20 7:29 AM EST Board of Education Center 1805 S. 13th Street ITEM: XV.A. Capital Outlay Budget Transfer subject Requesting transfer of $25,000 from Bond Contingency to HVAC Control Improvements. Additional funding is needed to cover the budget shortfall of the HVAC improvement project at Rachel Freeman School of Engineering. Transfer to: 9040.04 - HVAC Control Improvement - $25,000 Transfer from: 9042.900 - Bond Contingency - ($25,000) Depart i i-ent andlar Board Staff Li ii con Finance Department - Mary Hazel M. Small, CFO Recommendation for Action/Next Steps Approval of the transfer is requested by both the Board of Education and Board of County Commissioners. Board of Commissioners - November 16, 2020 ITEM: 10-1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Consent DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher SUBJECT: Adoption of Budget Amendment 21 -021 for Hurricane Isaias Expenses BRIEF SUMMARY: As a result of Hurricane Isaias, the Board of County Commissioners (Board) adopted a Proclamation of State of Emergency on August 3, 2020 and activated the Emergency Operations Center. The Emergency Operations Center was fully activated from August 3, 2020 to August 4, 2020 with partial activation beginning on July 30, 2020 and ending on August 6, 2020. No shelters were opened forthis event. Throughout the event, employees were utilized in various positions, such as working the JIC and Emergency Operations Center. In addition, Sheriff and Fire Services Department provided public safety throughout the event. Minor damages to county facilities includes buildings at the Cooperative Extension and various park facilities including the River Road Park Pier. The adoption of the budget amendment is requested to cover estimated costs of the hurricane response, recovery and repairs in the amount of $358,792 for the general fund expenses, as detailed below. Appropriated fund balance will be increased to cover all estimated expenses as the amount of disaster assistance to the county from FEMA, the State of North Carolina and /or other grants is not currently known. However, we do expect the majority of the expenses incurred related to this event to be reimbursed through disaster assistance. Category Estimated Expense Salary 29,958 Supplies /Services 108,705 Repairs 220,129 Total 358,792 As not all costs are known or incurred to date, this budget amendment is only an estimate of costs known to date and actual costs may vary from this estimate. An additional budget amendment may be brought to the Board once all costs are known and incurred, if needed. RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt Budget Amendment 21 -021 for Hurricane Isaias expenses. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners - November 16, 2020 ITEM: 11 Approved 4 -0. Board of Commissioners - November 16, 2020 ITEM: 11 AGENDA: November 16, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: Emergency Management Expenditure: Decrease Increase Total BA 21 -021 Hurricane Isaias $ 358,792 $ 358,792 Total $ - $ 358,792 $ 358,792 Revenue: Decrease Increase Total BA 21 -021 Appropriated Fund Balance $ 358,792 $ 358,792 Total $ - $ 358,792 $ 358,792 Prior to Actions Today Departmental Budget $ 2,572,002 Appropriated Fund Balance $ 7,938,339 Total if Actions Taken $ 2,930,794 $ 8,297131 Section 2: Explanation BA 21 -021 appropriates general fund appropriated fund balance for Hurricane Isaias related expenses. This budget amendment includes costs associated with the Emergency Operations Center activation and repairs to county property. New Hanover County has been declared eligible for all categories of work (A -G) for Federal Emergency Management Agency (FEMA) Public Assistance, therefore the county will apply to FEMA and the N. C. Division of Emergency Management for public assistance. Appropriated fund balance will be increased by $358,792. 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(s) 21 -021 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 16th day of November, 2020. (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - November 16, 2020 ITEM: 11-1 -1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Consent DEPARTMENT: Budget PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher SUBJECT: Adoption of Budget Amendments BRIEF SUMMARY: The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30, 2021: Elections 21 -019 (to account for additional CARES Act funding awarded to New Hanover County for the November election) Health & Human Services /DSS 21 -020 Senior Resource Center 21 -022, 21 -024 Recovery & Resilience 21 -025 Finance 21 -032 RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the ordinances for the budget amendments listed. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - November 16, 2020 ITEM: 12 AGENDA: November 16, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Deliver quality service at the right time Fund: General Department: Board of Elections Expenditure: Decrease Increase Total BA 21 -019 Board of Elections $ 85,000 11 $ 85,000 Total $ - $ 85,000 11 $ 85,000 Revenue: Decrease Increase 11 Total BA 21 -019 Supplemental CARES Act Funds $ 85,000 $ 8.5,000 Total $ - $ 85,000 $ 85,000 Prior to Actions Today Departmental Budget $ 1,575,394 Total if Actions Taken $ 1,660,394 Section 2: Explanation BA 21 -019 appropriates grant funds under the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, for the 20 -21 fiscal year to prevent, prepare for, and respond to the coronavirus pandemic during the 2020 federal election cycle. The award includes $10,000 for election day voting COVID costs and $75,000 for a pollworker bonus, to provide $100 supplemental pay to pollworkers working on November 3, 2020. There is no county match required. Federal funds must be used to supplement existing county funds for program activities and may not replace county funds that have been appropriated for the same purpose. 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(s) 20 -019 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 16th day of November, 2020 (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - November 16, 2020 ITEM: 12- 1 - 1 AGENDA: November 16, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: Department of Social Services Expenditure: Decrease Increase Total BA 21 -020 Covid -19 Recovery Act Funds $ 422,995 $ 422,995 Total $ - $ 422,995 $ 422,995 Revenue: Decrease Increase Total BA 21 -020 Covid -19 Recovery Act Funds $ 422,995 $ 422,995 Total $ - $ 422,995 $ 422,995 Prior to Actions Toda Departmental Budget $ 35,787,278 Total if Actions Taken $ 36,210,273 Section 2: Explanation BA 21 -020 budgets $422,995 received from the 2020 Covid -19 Recovery Act, federal CARES Act funding. These funds will be used for three program areas: foster care to pay the $100 stipend per child as per state policy for the the service months of April to September 2020; adult protective services and child protective services to purchase computer equipment and personal protective equipment (PPE) items for the social worker staff in these areas. Federal funds must be used to supplement existing county funds for program activities and may not replace county funds that have been appropriated for the same purpose. 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(s) 21 -020 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 16th day of November, 2020 (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - November 16, 2020 ITEM: 12- 2 - 1 AGENDA: November 16, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Effective County Management Strategic Objective(s): Continuous focus on the customer experience Fund: General Department: Senior Resource Center Expenditure: Decrease Increase Total BA 21 -022 Senior Resource Center $ 15,359 $ 15,359 BA 21 -024 Senior Resource Center $ 10,000 $ 10,000 Total $ - $ 25,359 $ 25,359 Revenue: Decrease Increase Total BA 21 -022 HCCBG Grant $ 15,359 $ 15,359 BA 21 -024 Charitable Foundation Grant $ 10,000 $ 10,000 Total $ - $ 25,359 1 $ 25,359 Prior to Actions Today Departmental Budget $ 3,283,370 Total if Actions Taken $ 3,308,729 Section 2: Explanation BA 21 -022 increases the Senior Resource Center's budget for programs funded with HCCBG (Home and Community Care Block Grant) funding. The HCCBG grant funds are recurring and were included in the FY21 adopted budget, however the actual award is $15,359 more than budgeted. The programs receiving the additional funding are adult daycare ($1,000), congregate meals ($3,000), in -home aid ($359) and senior center operations ($11,000). The required county match is available in Senior Resource Center's operating budget. Federal funds must be used to supplement existing county funds for program activities and may not replace county funds that have been appropriated for the same purpose. BA 21 -024 budgets a grant awarded to the Senior Resource Center from a charitable foundation that is making an anonymous donation. Since the Senior Resource Center no longer receives state RURAL Operating Assistance Program (ROAP) funding, this anonymous donation will help continue medical trips for seniors. This funding will provide approximately 690 one way trips. There is no county match requirement. 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(s) 21 -022 & 21 -024 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 16th day of November, 2020 (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - November 16, 2020 ITEM: 12- 3 - 1 AGENDA: November 16, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: Office of Recovery and Resilience Expenditure: Decrease Increase 11 Total BA 21 -025 Acquisition and Relocation Program $ 665,000 11 $ 665,000 Total $ - $ 665,000 $ 665,000 Revenue: Decrease Increase 11 Total BA 21 -025 NC SARF Grant $ 665,000 $ 66.5,000 Total $ - $ 665,000 $ 665,000 Prior to Actions Today Departmental Budget $ 2,922,387 Total if Actions Taken $ 3,587 387 Section 2: Explanation BA 21 -025 appropriates a SARF (State Acquisition Relocation Funds) grant award from the NC Department of Public Safety for $665,000. The grant provides a gap payment up to $50,000 to cover the difference between funds appropriated by other grant sources and the funds necessary to help a household relocate from the current damaged home to a similar housing unit outside of the special flood hazard area, and up to $5,000 in relocation expenses. The grant also includes management costs of $5,500 to support the county for each acquisition made. There is no county match required for this grant. 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(s) 21 -025 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 16th day of November, 2020 (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - November 16, 2020 ITEM: 12- 4 - 1 AGENDA: November 16, 2020 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Strong Financial Performance Strategic Objective(s): Proactively manage the county budget Fund: General BA 21 -032 Sales Tax General Fund Budget Fund: General Denartment: Fire Prior to Actions Toda $ 319 584,325 Total if Actions Taken $ 320182 967 BA 21 -032 Sales Tax L I $ 49,707 1 $ 49,707 Total I $ $ 49.707 IFS7 49,707 Revenue: I Decrease Increase 11 Total BA 21 -032 Salary Adjustment L $ 49,707 $ 49,707 Total I $ $ 49,707 $ 49,707 Prior to Actions Todav Departmental Budget $ 16,814,353 Fund: General Department: Environmental Management Total if Actions Taken $ 16,864,060 Expenditure: I Decrease Increase Total BA 21 -032 Appropriated Fund Balance I $ 12,209 $ 12,209 Total $ I $ 12, Is 12,209 Revenue: Decrease Increase 11 Total BA 21 -032 Salary Adjustment $ 12,209 11 $ 12,209 Total $ $ 12,209 11 $ 12,209 Prior to Actions Today Departmental Budget $ 29,159,458 Appropriated Fund Balance $ 7,717,809 Total if Actions Taken $ 29,171,667 $ 7,730,018 Section 2: Explanation BA 21 -032 In the 2021 budget transmittal letter and also discussed during the 2021 budget process, if sales tax performance exceeds projections by a minimum of 3% through the first quarter of the fiscal year, a budget amendment would be brought forward to propose a merit pool for county employees. To date, based on staff's review of the sales tax data for July and August, it is anticipated that the first quarter revenues will align with the 3% target. This budget amendment is being requested to reflect additional sales tax revenues expected to be received and budgets these additional funds for the purposes of merit increases for all eligible county employees in the General and Fire Rescue funds. Sales Tax is not allocated to the Environmental Management Fund, therefore, Appropriated Fund Balance will fund the increase for those eligible employees. This merit pool equates to approximately 0.5% of the salary base. Board of Commissioners - November 16, 2020 ITEM: 12- 5 - 1 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(s) 21 -032 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 16th day of November, 2020 (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - November 16, 2020 ITEM: 12- 5 - 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Consent DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher and Sheryl Kelly, Assistant County Manager SUBJECT: Approval of Loan Agreement with New Hanover Community Endowment BRIEF SUMMARY: As a part of the Asset Purchase Agreement between Novant Health, New Hanover Regional Medical Center (NHRMC), and New Hanover County (County), the County was directed to establish the New Hanover Community Endowment (Endowment), a 501(c)(3) organization which will receive the largest portion of the proceeds from the sale of N H RMC. While the organization has been registered with the Secretary of State, there is additional work that must be completed to secure the organization's non -profit status and to prepare for the work they will be engaged in. To complete the work that needs to be accomplished, the Endowment will need to begin engaging professional services such as legal, consulting and financial assistance. These services will be required before the close of the sale of N HRMC and the distribution of proceeds to the Endowment; and as such, County staff is recommending extending a loan to the Endowment for the payment of these expenses. The loan agreement includes a $100,000 loan to the Endowment at no interest that will be repaid within 30 days of the Endowment receiving proceeds from the sale of NHRMC. Should the closing not occur, the Endowment will be required to repay any unspent funds to the County. The source of the advance payment to the Endowment is additional profit distributions anticipated from the ABC Board and is not coming from the County's fund balance. RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve County Manager to negotiate and execute agreement. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 4 -0. Board of Commissioners - November 16, 2020 ITEM: 13 New Hanover County Contract #21 -0236 STATE OF NORTH CAROLINA NON - COUNTY AGENCY FUNDING AGREEMENT NEW HANOVER COUNTY THIS AGREEMENT made and entered into this day of , 2020 by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County "; and NEW HANOVER COMMUNITY ENDOWMENT, INC., a nonprofit corporation existing under the laws of the State of North Carolina having its principal office in New Hanover County, North Carolina, hereinafter called "Endowment." WITNES SETH: WHEREAS, Endowment has agreed to promote quality of life in a cost - effective manner for the benefit of the citizens of New Hanover County; WHEREAS, Endowment demonstrably contributes to meeting County's strategic objectives and is consistent with key priorities and County will provide funding to Endowment to meet the Endowment's purpose upon the sale of New Hanover Regional Medical Center, hereinafter called " NHRMC;" WHEREAS, Endowment has requested County to provide an advance of funding before the closing of the sale of NHRMC to complete certain activities necessary to properly establish the Endowment and County has agreed to provide such funding prior to sale proceeds being received; and Account # Requisition # Page 1 of 5 Board of Commissioners - November 16, 2020 ITEM: 13- 1 - 1 New Hanover County Contract #21 -0236 WHEREAS, Article V, Section 2(7) of the North Carolina Constitution permits County to provide Endowment financial support for its public purpose. NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto, and based upon the mutual covenants herein and the considerations stated herein, the parties do hereby covenant and agree as follows: 1. Loan to Endowment. Account # Requisition # A. County shall advance to the Endowment $100,000 for the purposes of paying for professional services such as legal fees and consultant fees that may be required to establish the Endowment's 501(c)(3) tax exempt status and satisfy immediate banking and investment needs. Funds may be used for organizational /administrative purposes to include but not limited to hiring a consultant to assist with initial operations and recruiting for an Executive Director. These funds are not to be used for other purposes except those described in this agreement. No interest shall accrue from the time of the advance to repayment of those funds to the County. B. No later than thirty (30) days from the time proceeds from the sale of NHRMC are provided to the Endowment, the Endowment shall repay the County $100,000. Should the closing of the sale of NHRMC not occur, the Endowment will not be liable for repayment of any expended portion of the advance. Page 2 of 5 Board of Commissioners - November 16, 2020 ITEM: 13- 1 - 2 New Hanover County Contract #21 -0236 2. Termination of Contract, Contingent Funding; Breach of Contract. Either party shall have the right to terminate this Contract by giving the other party thirty (30) days written notice of termination unless otherwise authorized hereunder. In the event of termination, Endowment agrees to refund all County monies it retains as of the effective date of termination. If Endowment fails to conform to any of the terms or conditions contained in this Contract, Endowment shall be in breach of this Contract and the County may take corrective action as it deems necessary. Such corrective action may include but is not limited to recovery of previously paid funds and immediate termination of this Contract. 3. Compliance with Applicable Laws. Endowment agrees that in performing activities of any kind funded with the monies made available under the provisions of this Contract, it shall comply with all local, state, and federal laws and regulations. 4. Independent Contractor. Endowment understands and agrees it is an independent contractor and not an agent of County, and as such, Endowment, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, worker's compensation, pension, or retirement benefits. 5. Indemnity. Endowment shall indemnify and hold County, its officials, officers, agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work or services to be performed by Endowment hereunder, Account # Requisition # Page 3 of 5 Board of Commissioners - November 16, 2020 ITEM: 13- 1 - 3 New Hanover County Contract #21 -0236 resulting from the negligence of or the willful act or omission of Endowment, its agents, employees and subcontractors. 6. Assignment of This Contract. The parties agree that this Contract is not transferable or assignable by either parry without the written consent of the other parry. 7. Non - Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this Contract or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this Contract. 8. Entire Agreement. This Agreement constitutes the entire understanding of the parties. No modification, including amendments to Endowment's budget of County funds, or rescission of this Agreement shall be effective unless evidenced by a writing signed by both parties. 9. E -Verify Compliance. Pursuant to N.C.G.S. 143 - 133.3, Endowment shall fully comply with the U.S. Department of Homeland Security employee legal status E- Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of Contract. 10. Conflicts of Interest. Endowment agrees to disclose to County any potential conflicts of interest. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals, by authority duly given, on the day and year first above written. Account # Requisition # Page 4 of 5 Board of Commissioners - November 16, 2020 ITEM: 13- 1 - 4 New Hanover County Contract #21 -0236 NEW HANOVER COMMUNITY ENDOWMENT, INC. (CORPORATE SEAL) M. ATTEST: Hannah Gage, Secretary STATE OF NORTH CAROLINA NEW HANOVER COUNTY Spence Broadhurst, President I, , a Notary Public of the State and County aforesaid, certify that Hannah Gage personally came before me this day and acknowledged that (s)he is Secretary of New Hanover Community Endowment, Inc., a North Carolina nonprofit corporation with its principal office in New Hanover County, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its authorized signatory. WITNESS my hand and notarial seal, this day of , 2020. Notary Public My Commission Expires [ REST OF PAGE INTENTIONALL Y BLANK. NEWHANOVER COUNTY DIGITAL SIGNATURE PAGE FOLL0WSJ Page 5 of 5 Account # Requisition # Board of Commissioners - November 16, 2020 ITEM: 13- 1 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Regular DEPARTMENT: Health and Human PRESENTER(S): Phillip Tarte, Public Health Director and Kemp Burpeau, Services Deputy County Attorney CONTACT(S): Tufanna Bradley, Assistant County Manager SUBJECT: Consideration of Smoking and Vaping Rule BRIEF SUMMARY: Since January 2, 2010, nearly all restaurants and bars in North Carolina, and many lodging establishments, have been smoke -free, pursuant to N.C. General Statute 130A -497, otherwise known as North Carolina's Smoke -Free Restaurants and Bars Law. This law, while progressive in nature, did not include other public facilities or the potential impact of electronic nicotine devices when written. The statute also gave local governments the authority to adopt local rules and ordinances restricting or prohibiting smoking that is more preventative than the state law, understanding that the local law may not reduce or take away restrictions and prohibitions already provided for. With this authority, beginning in July of 2019 after policy interests from county commissioners, the New Hanover County Health and Human Services Board (HHSB) began consideration of a local rule to prohibit the use of smoking and e- cigarettes in county, town and city buildings, vehicles and grounds and in public places in the county of New Hanover. The rule as written, is a progressive approach to decrease exposure to second hand smoke, which currently is the leading preventable cause of illness and premature death in North Carolina and the nation. Additionally, the HHSB seeks to decrease the exposure to e- cigarette aerosol that contains nicotine, heavy metals, volatile compounds and additional toxins that have the potential to cause adverse health effects to those exposed. This rule, as presented, requires approval by an ordinance adopted by the Board of County Commissioners (BOCC) as is contained in NCGS 130 -498. After approval, it will apply throughout the entire county with no additional action or approval of city or town councils in New Hanover County. RECOMMENDED MOTION AND REQUESTED ACTIONS: Ordain and approve the rule adopted by the New Hanover County Health and Human Services Board through Board of County Commissioner ordinance. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Board of Commissioners - November 16, 2020 ITEM: 14 Ordained and approved effective February 1, 2021 by a vote of 5 -0. Board of Commissioners - November 16, 2020 ITEM: 14 AN ORDINANCE OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS ADOPTING THE NEW HANOVER COUNTY HEALTH AND HUMAN SERVICES BOARD RULE TO PROHIBIT THE USE OF SMOKING AND E -CIGARETTES IN COUNTY, TOWN AND CITY BUILDINGS, VEHICLES AND GROUNDS AND IN PUBLIC PLACES IN THE COUNTY OF NEW HANOVER WHEREAS, according to the Centers for Disease Control and Prevention (CDC), smoking and e- cigarette use and secondhand smoke exposure are leading preventable causes of illness and premature death in North Carolina and the nation'; and WHEREAS, the CDC reports that nearly 90% of smoking and e- cigarette use are initiated and established before age 18 and most people begin smoking during adolescence; the CDC reports that smoking and smokeless tobacco use are almost always initiated and established during adolescence, that most people who begin smoking during adolescence are addicted by the age of 20, and that adolescent smokeless tobacco users are more likely than nonusers to become adult cigarette smokers'; and WHEREAS, in 2006, a report issued by the United States (U.S.) Surgeon General stated that the scientific evidence indicates that there is no risk -free level of exposure to secondhand smoke and that secondhand smoke has been proven to cause cancer, heart disease, and asthma attacks in both smokers and nonsmokersz; and WHEREAS, children model adult behavior and benefit from positive models of non - smoking behavior and positive reinforcement of healthy lifestyle messages through exposure to smoke and smoking and e- cigarette free public areas'; and WHEREAS, the CDC advises that all individuals with coronary heart disease or known risk factors for coronary heart disease should avoid all indoor environments that permit smoking'; and WHEREAS, research indicates that, during active smoking, outdoor levels of secondhand smoke may be as high as indoor levels and may pose a health risk for people in close proximity (such as those sitting beside someone on a park bench or children accompanying a smoking parent or guardian)'; and WHEREAS, in 2016, the E- Cigarette Use Among Youth and Young Adults: A Report of the Surgeon General stated that emitted e- cigarette aerosol is not just water vapor, but contains nicotine and can contain additional toxins, making it less safe than clean air. Furthermore, e- cigarette use has the potential to involuntarily expose children and adolescents, pregnant women, and nonusers to aerosolized nicotine and, if the products are altered, to other psychoactive substances. Therefore, clean air, free of both smoke and e- cigarette aerosol, remains the standard to protect health'; WHEREAS, on January 2, 2010, "An Act To Prohibit Smoking In Certain Public Places And Certain Places Of Employment," Session Law 2009 -27 became effective, authorizing local governments to adopt and enforce ordinances "that are more restrictive than State law and that apply in local government buildings, on local government grounds, in local vehicles, or in public places "; and WHEREAS, pursuant to N.C. General Statute 130A- 39(a), local boards of health have the responsibility to protect and promote the public's health and to adopt rules necessary for that purpose; and WHEREAS, the New Hanover County Health and Human Services Board is committed to providing a safe and healthy workplace in all county and town facilities, for county and town employees, New Hanover County citizens, and the visiting public;and WHEREAS, the New Hanover County Health and Human Services Board provides support to employees and residents who want to quit the use of smoking and e- cigarette and also encourages them to talk to their health care provider about quitting, ask about appropriate pharmacotherapy available through their health insurance plan or employee's insurer, and to use the free quitting support services of the North Carolina QuitlineNC at 1- 800 - QUIT -NOW (1- 800 - 784 - 8669); and WHEREAS, the New Hanover County Health and Human Services Board wishes to minimize the harmful effects of smoking and e- cigarette use among New Hanover County and City employees and eliminate secondhand smoke exposure for Board of Commissioners - November 16, 2020 ITEM: 14- 1 - 1 employees, county citizens, and the visiting public in public places and in those buildings, vehicles, and grounds controlled by New Hanover County, the City of Wilmington, and the Towns of Wrightsville Beach, Carolina Beach, and Kure Beach; and WHEREAS, the New Hanover County Health and Human Services Board finds and declares that in order to protect the public health and safety, it is in the best interest of the citizens of New Hanover County to adopt a Rule prohibiting the use of smoking and e- cigarette products in public places and in county, city, and town buildings, grounds, and vehicles; and WHEREAS, while the use of tobacco in any form poses adverse health consequences and is to be strongly discouraged, this Rule specifically addresses smoking and e- cigarette use given ensuing secondary health impacts. NOW, THEREFORE, THE NEW HANOVER COUNTY HEALTH AND HUMAN SERVICES BOARD ADOPTS THE FOLLOWING RULES: Section 1. Authority This Rule is enacted pursuant to N.C. General Statute 130A -498 and 130A- 39(a). Section 2. Definitions The following definitions are applicable to this Rule: 1) "Bus Stop ". A designated area, whether enclosed or unenclosed, on county, town, and city grounds where buses stop for passengers to board or exit a bus. This term shall include areas at bus stops and shelters, beginning at the bus stop sign and extending for a radius of one hundred (100) feet around the bus stop sign. This area expressly excludes any private property that may fall within the one - hundred -foot radius of the bus stop sign or any area exempt by this Rule. 2) "Cigar bar ". An establishment with a permit to sell alcoholic beverages pursuant to subsection (1), (3), (5), or (10) of N.C. General Statute 186 -1001 that satisfies all of the following: a. Generates sixty percent (60 %) or more of its quarterly gross revenue from the sale of alcoholic beverages and twenty -five percent (25 %) or more of its quarterly gross revenue from the sale of cigars. b. Has a humidor on the premises. c. Does not allow individuals under the age of 21 to enter the premises. d. Revenue generated from other smoking and e- cigarette sales, including cigarette vending machines, shall not be used to determine whether an establishment satisfies the definition of cigar bar. 3) "County Building ". A building owned, leased as lessor, or the area leased as lessee and occupied by New Hanover County. 4) "County Grounds ". An unenclosed area owned, leased, or occupied by New Hanover County, except where smoking and e- cigarette use is expressly permitted by the county within designated areas. 5) "County Vehicle ". A passenger- carrying vehicle owned, leased, or otherwise controlled by New Hanover County and assigned permanently or temporarily to its employees, agencies, institutions, or facilities for official County business and public conveyances available to the general public. 6) "E- Cigarette or Electronic cigarette ". Any electronic oral device that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size, that can be used to heat a liquid nicotine solution or any other substance, and the use of inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed or sold as an e- cigarette, e- cigar, a -pipe, or under any other product name or descriptor. 7) "Employee ". A person who is employed by New Hanover County, the City of Wilmington, or by the Towns of Wrightsville Beach, Carolina Beach, and Kure Beach; or who contracts with the county, city, and towns; a third person who performs services for the county, city, and towns; or who otherwise performs services for the county, city, and towns with or without compensation. 8) "Enclosed area ". An area with a roof or other overhead covering of any kind and walls or side coverings of any kind, regardless of the presence of openings for ingress and egress, on all sides or on all sides but one. 9) "International 'No Smoking' symbol ". A symbol consisting of a pictorial representation of a burning cigarette enclosed Board of Commissioners - November 16, 2020 ITEM: 14- 1 - 2 in a red circle with a red bar across it. 10) "Local Health Department ". The New Hanover County Health Department, the jurisdiction of which includes New Hanover County, the City of Wilmington, and the Towns of Wrightsville Beach, Carolina Beach, and Kure Beach. 11) "Local Health Director ". Administrative head of the New Hanover County Health Department appointed pursuant to N.C. General Statute Chapter 130A. 12) "Lodging establishment ". An establishment that provides lodging for pay to the public. 13) "Private club ". A country club or an organization that maintains selective members, is operated by the membership, does not provide food or lodging for pay to anyone who is not a member or a member's guest, and is either incorporated as a nonprofit corporation in accordance with Chapter 55A of the N.C. General Statutes or is exempt from federal income tax under the Internal Revenue Code as defined in N.C. General Statute 105 - 130.2(1). For the purposes of this Rule, private club includes country club. 14) "Private residence ". A private dwelling that is not a child care facility, as defined in N.C. General Statute 110 - 86(3), and not a long -term care facility, as defined in N.C. General Statute 131E- 114.3(a)(1). 15) "Private vehicle ". A privately owned vehicle that is not used for commercial or employment purposes. 16) "Public place ". An enclosed area to which the public is invited or in which the public is permitted. 17) "Smoking ". The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted smoking and e- cigarette product. 18) "Smoking and E- Cigarette shop ". A business establishment, the main purpose of which is the sale of smoking and e- cigarette, smoking and e- cigarette products, and accessories for such products, that receives no less than seventy -five percent (75 %) of its total annual revenues from the sale of smoking and e- cigarette, smoking and e- cigarette products, and accessories for such products, and does not serve food or alcohol on its premises. 19) "Smoking and E- Cigarette Use ". Included but not limited to vaping, smokeless smoking, and e- cigarette products. 20) "Town" or "Towns" and "City ". The Towns of Wrightsville Beach, Carolina Beach, and Kure Beach, and the City of Wilmington within New Hanover County. 21) "Town /City Building ". A building owned, leased as lessor, or the area leased as lessee and occupied by the Towns of Wrightsville Beach, Carolina Beach, Kure Beach, and the City of Wilmington. 22) "Town /City Grounds ". An unenclosed area owned, leased, or occupied by the Towns of Wrightsville Beach, Carolina Beach, Kure Beach, and the City of Wilmington, excepting where smoking and e- cigarette use is expressly permitted by Town /City within designated areas. 23) "Town /City Vehicle ". A passenger carrying vehicle owned, leased, or otherwise controlled by the Towns of Wrightsville Beach, Carolina Beach, Kure Beach, and the City of Wilmington in New Hanover County and assigned permanently or temporarily to their employees, agencies, institutions, or facilities for official town /city business and public conveyances available to the general public. Section 3. Areas in Which Smoking and E- cigarette use is Prohibited 1) Smoking and e- cigarette use is prohibited in all of the following: a. In any county, city, and town buildings. b. In any county, city, and town vehicles. c. On any county, city, and town grounds, except where expressly permitted by the county, city, or town within designated areas. d. All other county, city, and town property including, but not limited to: i. County, city, and town parks systems including playgrounds and athletic fields and trails; ii. Bus stops on county, city, or town grounds; and iii. Public transportation e. Smoking and e- cigarette use is prohibited in county, city, and town buildings and grounds being used for private events. f. Except as provided in Section 4 of this Rule, smoking and e- cigarette use shall be prohibited in all public places, or places where the public is invited or allowed within the county, city, and town, including but not limited to: Child Care Facilities; Shopping Malls; Board of Commissioners - November 16, 2020 ITEM: 14- 1 - 3 III. Elevators; IV. Polling Places; V. Public Restrooms; VI. Restaurants; VII. Bars; VIII. Retail Stores; IX. Galleries, Libraries, and Museums; X. Theaters, Entertainment and Sports Arenas; XI. Gaming facilities including, but not limited to, Internet Sweepstakes and Video Poker; XII. Lobbies, Hallways and other Common Areas in Apartment Buildings, Condominiums, Retirement Facilities, Nursing Homes and other Multi -Unit Residential Facilities; and XIII. Office and Other Commercial Establishments Where the Public is invited, or permitted. Section 4. Exceptions: Where Smoking and E- Cigarette use is Not Regulated By This Rule 1) In accordance with N.C. General Statute 130A- 498(b1) and hereinunder, smoking or e- cigarette use is not prohibited by this Rule in the following places: a. A private residence. b. A private vehicle. c. A smoking and e- cigarette shop if smoke or vapor from the business does not migrate into an enclosed area where smoking or e- cigarette use is prohibited pursuant Article 23 of the North Carolina General Statutes or hereinunder. A smoking and e- cigarette shop that begins operation after July 1, 2009, may only allow smoking if it is located in a freestanding structure occupied solely by the smoking and e- cigarette shop and smoke or vapor from the shop does not migrate into an enclosed area where smoking or e- cigarette use is prohibited pursuant to Article 23 of the North Carolina General Statutes or hereinunder. d. All of the premises, facilities, and vehicles owned, operated, or leased by any smoking and e- cigarette products processor or manufacturer, or any smoking and e- cigarette leaf grower, processor, or dealer. e. A designated smoking or e- cigarette guest room in a lodging establishment. No greater than twenty percent (20 %) of a lodging establishment's guest rooms may be designated smoking or e- cigarette guest rooms. f. A cigar bar if smoke or vapor from the cigar bar does not migrate into an enclosed public place where smoking or e- cigarette use is prohibited pursuant to Article 23 of the North Carolina General Statutes or hereinunder. A cigar bar that begins operation after July 1, 2009, may only allow smoking or e- cigarette use if it is located in a freestanding structure occupied solely by the cigar bar and smoke or vapor from the cigar bar does not migrate into an enclosed area where smoking or e- cigarette use is prohibited pursuant to Article 23 of the North Carolina General Statutes or hereinunder. g. A private club. h. A motion picture, television, theater, or other live production set. This exemption applies only to the actor or performer portraying the use of smoking and e- cigarette products during the production. i. A public area only at such time that group therapeutic rehabilitation is conducted pursuant to a program recognized and licensed by the State of North Carolina. 2) This Rule does not apply to any property owned, leased, or maintained by the State of North Carolina. Section 5. Implementation Reauirements 1) The Implementation period shall be from the date of the initial execution to January 31, 2021. 2) During the Implementation period the county, city, and town where smoking and e- cigarette use is prohibited by the Rule may: a. Post signs that meet all the requirements in Section 6 of this Rule. b. Remove all indoor ashtrays and other smoking receptacles from the area in which smoking is prohibited, except for ashtrays and receptacles for sale and not intended for use on the premises. c. Direct a person who is smoking or using a smoking or e- cigarette product in a prohibited area to extinguish or discard the smoking and e- cigarette product. Board of Commissioners - November 16, 2020 ITEM: 14- 1 - 4 d. Engage in public education as provided in Section 8 below. 3) During the implementation period a person, not addressed in subsection 2) above who owns, manages, operates, or controls a public place in which smoking and e- cigarette use are prohibited by this Rule shall: a. Post signs that meet all the requirements in Section 6 of this Rule. b. Remove all indoor ashtrays and other smoking receptacles from the area in which smoking is prohibited, except for ashtrays and receptacles for sale and not intended for use on the premises. c. Direct a person who is using smoking and e- cigarette products in a prohibited area to extinguish or discard the smoking and e- cigarette product. Section 6. Sienage 1) The county, city, and town where smoking and e- cigarette use is prohibited by the Rule may post signs as required by Section 5 that must: a. State in English and in Spanish that smoking and e- cigarette use is prohibited utilizing "No Smoking and E- Cigarette" symbols. b. Be of sufficient size to be clearly legible to a person of normal vision and be conspicuously posted. c. Be posted at each entrance to a county, city, and town building and in other locations within the buildings reasonably calculated to inform employees and the public of the prohibition. d. Be posted on county, city, and town grounds locations and at intervals reasonably calculated to inform employees and the public of the prohibition. 2) The county, city, and town where smoking and e- cigarette use is prohibited by the Rule may in their discretion post a sign stating "No Smoking and E- Cigarette Use" in government vehicles located in an area visible to passengers, provided that their placement does not interfere with the safe operation of the vehicle. If the vehicle is used for undercover law enforcement operations, a sign is not required to be placed in the vehicle. 3) A person who owns, manages, operates, or controls a public place in which smoking and e- cigarette use is prohibited by this Rule shall post signs required to be posted in enclosed areas of public places that must: a. Clearly state in English and Spanish that smoking and e- cigarette use is prohibited. b. Be conspicuously posted at each entrance to the public place. c. Be at least 24 square inches in size. d. Be at least 16 -point font size. Section 7. Enforcement and Penalties 1) For smoking violations: a. Violations by persons smoking in prohibited areas. An oral warning may be issued initially. Failure to comply in a prohibited area constitutes an infraction punishable by a fine of fifty dollars ($50.00). A citation may be issued by a sworn law enforcement officer. Conviction of an infraction under this section has no consequence other than payment of a penalty, and no other costs may be assessed. b. Sanctions for employees. In addition to any penalty under subsection 1), employees of New Hanover County and employees of the city and towns who violate this Rule may be subject to disciplinary action consistent with their respective employer's personnel ordinances or policies. c. Violations by persons who own, manage, operate, or control a public place. The New Hanover County health director may take the following actions and may impose the following administrative penalty on a person who owns, manages, operates, or controls a public place and fails to comply with the provisions of this Rule: i. First violation: Written notice within a one -year period of the person's first violation and notification of action to be taken in the event of subsequent violations. ii. Second violation: Written notice within a one -year period of the person's second violation and notification of administrative penalties to be imposed for subsequent violations. Board of Commissioners - November 16, 2020 ITEM: 14- 1 - 5 iii. Third and subsequent violations within a one -year period: Impose an administrative penalty of not more than two hundred dollars ($200.00). Each day on which a violation of this Rule occurs may be considered a separate and distinct violation. 2) For e- cigarette violations: a. An oral or written warning may be issued initially. The Local Health Director may seek injunctive relief pursuant to N.C. General Statute 130A -18 to redress violations of this rule. b. An oral or written warning may be issued initially. Violations shall constitute a misdemeanor as set forth in N.C. General Statute 130A -25. Section 8. Public Education The county, city, and town may engage in an ongoing program to explain and clarify the purposes and requirements of this Rule to citizens affected by it, and to guide operators and managers in their compliance with it. In doing so, the county, city, and town may rely upon materials and information provided by the New Hanover County Health Department. The county, city, and town may: 1) Educate the public about the rule and the reasons for the new rule prior to its implementation date through the news media, website and educational media. This education may include information on resources for quitting smoking or smoking and e- cigarette use including information about the free quitting support services of the North Carolina QuitlineNC at 1- 800 - QUIT -NOW (1- 800 - 784 - 8669). 2) Educate county, city, and town employees at covered facilities about the Rule and how they can assist with compliance with the Rule. 3) Provide county, city, and town employees with information on cessation of smoking, including information about the free quitting support services of the North Carolina QuitlineNC at 1- 800 - QUIT -NOW (1- 800 - 784 - 8669). 4) Post notices at each entrance to a county, city, or town building and in other locations within the buildings reasonably calculated to inform employees and the public of the prohibition. Section 10. Effective Date These Rules become effective following adoption by the New Hanover County Health and Human Services Board and approval of these Rules by an ordinance adopted herein by the New Hanover County Board of Commissioners pursuant to N.C. General Statute 153A- 121(a). There shall be an implementation period from the date of the initial enactment where enforcement shall be limited to Section 5 of the Rule. On February 1, 2021 and thereafter the ordinance shall be enforced as provided in Section 7 of this Rule. Section 11. Abrop-ation This Rule is not intended to repeal, abrogate or impair any greater restriction imposed by any other state law or local government ordinance. Wherever the provisions of any other law, ordinance, regulation, or restriction impose higher standards than are required by the provisions of this Rule, this Rule does not prohibit enforcement of any such law, ordinance, regulation or restriction. Section 12. Severability Should any section of this Rule be decided by the Courts to be unconstitutional or invalid, such decision shall not affect the validity of the Rule as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. NOW, THEREFORE, BE IT RESOLVED, the Rule adopted by the New Hanover County Health and Human Services Board on October 20, 2020 prohibiting smoking and e- cigarettes in county, city, and town buildings, vehicles and grounds and in public places in New Hanover County, is hereby adopted and approved by the New Hanover County Board of Commissioners. Board of Commissioners - November 16, 2020 ITEM: 14- 1 - 6 This 16`" day of November, 2020. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board 1 CENTERS FOR DISEASE CONTROL AND PREVENTION, SMOKING AND TOBACCO USE FAST FACTS, https://www.cdc.gov/ tobacco / data_ statistics / fact _sheets /fast_facts /index.htm (updated Nov. 15, 2019). z U.S. DEP'T OF HEALTH & HUMAN SERVS., THE HEALTH CONSEQUENCES OF INVOLUNTARY EXPOSURE TO TOBACCO SMOKE: A REPORT OF THE SURGEON GENERAL (2006), https: / /www.ncbi.nlm.nih.gov /books /NBK44324/ 3 See Above Reference Note 1 4 See Above Reference Note 1 s REAL -TIME MEASUREMENT OF OUTDOOR TOBACCO SMOKE PARTICLES, Neil E. Klepeis, Etienne B. Gabel, Wayne R. Ott, and Paul Switzer; Journal of Air and Waste Management Association, 2007 May; 57(5):522 -34; OUTDOOR AIR POLLUTION IN CLOSE PROXIMITY TO A CONTINUOUS POINT SOURCE, Atmospheric Environment 2009 June; 43(20):3155 -3167. �f r�,,,, mh 'U.S. DEP'T OF HEALTH & HUMAN SERVS., 08Pra�eTCe'tJS2' �i 1 fi c' "(FA��Ii RCReport of the Surgeon General, 2016, https: / /www.surgeongeneral.gov /library /2016ecigarettes index.htm IP Address Please share your comment about the proposed tobacco & e- cigarette rule. ( * * ** indicates inappropriate and /or profane language removed) 47.42.32.192 1 think it is unjustified and unnecessary. We have more important things to worry about like our oceans and and opioid crisis get it together! What a ridiculous waste of time. NHC has bigger issues than to regulate if someone is smoking or vaping in PUBLIC areas. There are enough restrictions on where this can take place already. How about putting MORE time effort and energy into the drug & gang issues. Or REAL rehabilitation & help for former drug users who were incarcerated as they re enter society. There are just 174.106.35.160 way more important issues that need regulating and time money and effort directed to them than this. This is a FAD topic! Dig into life saving topics to better the community please. 24.235.16.139 Tobacco and a cigarettes should be banned. Medical CBD or other devices should not. 65.184.241.118 1 absolutely support this proposed rule. To say start, to classify ecigs in the same category as cigarettes is misleading to the public and plain gross misinformation. Eliquid does not contain the same >4000 chemicals that tobacco cigarettes does. Propylene Glycol, Vegetable Glycerin, Flavor and if the user chooses then Nicotine.. Many of us mix our own liquids and for a fact know what is in our eliquid. Second, there is absolutely no proof there is any potential harm from secondary vapor from ecigs. Yet, you will allow us to be contaminated by the likes of Duke Progress Energy and CFPUA and then, allow Duke Progress Energy to turn around and charge us to clean us their mess and call it a new service fee? This is not about protecting the public health. You are only trying to show an attempt at control due to the mass hysteria caused by some government officials and news media grossly misinforming the public over the unfortunate incidents related to the "black market cartridges ". Those are not "ecigs "!. Ecigs are used to help us quit smoking and have proven to do so successfully, without harmful effects when used properly or not adding improper ingredients. My 75 year old mother who is no longer on oxygen, should not have to worry that she is going to get a $50.00 ticket, and a misdemeanor charge for vaping her ecig at the park while watching her great grandchildren play! Ecig vapor has NOT been proven to be harmful, but yet you still want to demonize it as such. Shame on you. Mass Hysteria is exactly what I saw coming with the "black market cartridges" which would ultimately cause more harm than good. Now, for you to jump on the ban wagon, when there is no scientific proof of secondary exposure to vapor endanger is also another form of creating "mass hysteria ". The clean air act of 2016 includes public utilities, but even with eminent danger you allow them to continue to put the fallout and cost clean upon us. So, no vaping inside government owned buildings..No problem. No responsible adult would do this anyway. Enclosed spaces or vehicles owned by government, no problem. We paid the taxes to have our parks, sidewalks built and maintained, we also have the right to chose what we do when there as long as our behavior is decent and does not endanger public health. Vaping has not been proven to endanger public health. The other highlight is the $50 fine and this being a misdemeanor on someone's record. Why $50..? Statistics show the majority of people who vape are moderate to low income, so why would a fine of $25 not do the same thing? $50 is excessive and do not even begin to tell me your going to use the money for anti -teen smoking. Teens are going to continue to smoke because they are teens.. No other reason is needed. Studies have proven that no amount of advertising is going to deter someone from their choices to pickup a drink, drug, or cigarette. Stop wasting money on campaigns that do not work! Keep it in the schools and at home. Now, to the misdemeanor charge. Seriously? Someone is trying to quit cigarettes, that has killed so many people, by using a proven product like an ecig which has not been proven to have any harmful second hand exposure and you want to give them a record for it? I would be willing to bet, if someone followed each of you around for just 5 days at least 1 of you would get a misdemeanor ticket for littering.. Think about that for a minute.. Seriously, think about that. Your willing to criminalize decent people trying to do nothing more than quit smoking with a product that is not harmful to the public, that creates no waste, no litter on the ground..and you want to give them a record. Part of the appeal to smokers to turn to ecigs is being able to vape where you cannot smoke. I always rejoiced when a smoker told me, "I completely switched to vaping now." because I don't have to go out in the rain, the cold, I don't have to take smoke breaks, and my health has improved. I do not work in the industry anymore, but I started the industry here with my brother back in 2011. 1 know this product, I've done my research, I've switched to vaping, my entire family has quit smoking cigarettes. My mother who we thought 10 years ago would probably be dead of lung cancer by now, is alive and well today and not on oxygen thanks to ecigs. She smoked 2 packs a day 9 years ago. She is 75 years old now. You will cause more damage than good by enacting a public space ban on vaping like sidewalks, parks, restaurants or bars. If these establishments chose to allow their patrons to vape, it should not be your choice unless there are proven facts that secondary exposure to ecig vapor is harmful..There is none. Government buildings I have no issue with but I am sure some people do. Government personnel? So you can own people now? So your sherrifs deputies that vape (yes I know some that do) have to pull their car over, get out on the side of the road to use their ecig? Not to mention, your saying a government employee can be fined or even fired for vaping while on duty? Did I read that right? Vaping is not a crime and you do not own peoples bodies. You are overstepping, majorly. Using someone's weakness against them. Not everyone is able to successfully quit smoking or vaping, but it should not cost them their career! Nicotine addiction is just that, an addiction. So let's discriminate against those that are addicted? As you can see, I feel very strongly about issues related to vaping and addiction. I am a supporter of harm Reduction and anything that gets in the way of harm Reduction causes more pain and suffering. What is it that your really trying to do? Show public good faith or actually be good servants to the citizens of this county? I hope you chose wisely not to punishing the employees of NHC government because they are addicted to nicotine or just the act of vaping itself and also not punish the citizens of this county by 174.106.39.35 forcing those that vape to stop supporting bonds for parks, roads and improvements if we do not feel we get any say over what we can do when using them. Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 1 Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 2 Yes, please greet e- cigarettes just like regular cigarettes and ban them in all places possible. They are disguising themselves as a healthier alternative to regular cigarettes and they are equally 174.247.2.52 unhealthy if not worse. 174.106.139.129 There needs to be delineation on different forms of vaping. There is a huge difference between vaping nicotine and vaping helpful medicinal substances that may both use the same device. This is a terrible blow against veterans with PTSD that use non - nicotine vape products. Why are we being penalized because young adults cannot exercise moderation (or manners) when using 174.106.139.129 their JUUL? If this passes I will have to encourage all of my veteran brothers to see that we elect replacements to the city council that will be looking out for our best interests! 75.138.217.189 1100% agree vaping /e- cigarettes should have the same "no smoking" rules as regular cigarettes do. I would love to see Pender County follow in your steps! While it may be fair to limit nicotine vaping, I vape CBD with devices like this legislation mentions. If I can't use my device while in public, to ease my extreme anxiety, then I don't know what I would do. It may be time to move out of New Hanover County and take my business elsewhere if this passes. I don't use tobacco or nicotine e- cigarettes but this proposed rule doesn't make 174.106.139.129 accommodations for that. This is patently unfair to me! This is absurd. The caping is not the issue. It is the sale of cigarette, which directly impacts the environment we live in. You can not discern the difference of products that help individual, and products that are harmful in regards to using vape products. The population that uses beneficial vape products, such as CBD have a right to provide medicine for themselves. You cannot put a 172.58.155.170 ban on vaping when there are much bigger issues to be handled that is directly impacting our county. 173.209.212.151 Not fair! I had previously seen a story about this issue, on WECT, where Woody White was championing a ban on vaping in New Hanover County. I understand that Mr. White recently implored New Hanover county to explore the ways they may be able to limit vaping and vape pen use within the county. He stated "you've started to see governments take a position of outlawing them and questioning their availability to young people ". I'm afraid that he may have overlooked, or completely ignored, the adult community that has recently realized the benefits of vaping being an avenue of well- being. I am specifically talking about people that vape CBD because they find it to be an effective way to ingest something that improves their quality of life. These are not the people that are abusing vaping. They are the everyday people around us, perhaps even our neighbors. Using vape devices to safely ingest small, yet timely, doses of CBD can be a good thing. CBD is not solely ingested by taking a tincture sublingually or swallowing a gel cap. It may be taken by vaping at strategic times when a person may need it the most, for the fast acting effect. I hope that Mr. White reconsiders what effect a broad ban on vaping in public will really do. While heralded as a corrective action that will help young adults out, it may actually have a negative on a growing (large) part of our society. For example, I don't think you should ban the ability of a US veteran, that may have returned to society with PTSD, to be able to take a puff on a vape pen for the instant relief that it provides for them. Or the woman, with two kids in college and a teenager in high school, who needs a momentary vape to help cope with the stress that has become her daily life. She should be allowed to do this while sitting outside at a cafe with her close friends enjoying a cup of coffee. Or the grandparent who is dealing with so many of the things that will find us in our old age. That they might get through the day with the ability to vape a small dose of CBD to get through the day (or at least the worst part of it). Or the person that has had a traumatic brain injury and needs to take advantage of the neural protectant qualities of CBD while they are working through their lifelong recovery. Do we really need to make it harder for these people, just to be out in public? Teenagers and young adults do need to become educated about the harms that may accompany incessant vaping. There are obvious health risks involved. But they too should be allowed the brief, occasional puff on a CBD vaporizer (provided they are 18 years old and may legally purchase). Pressure and stress from school is as real as any other of life's pressures. Perhaps some combination of restrictions placed on certain areas, and /or limiting some public places where vaping is accessible. Restricting the size or type of an allowed device may be another consideration. A county -wide ban seems pretty excessive. At the very least, local businesses should be the ability to decide if they will to allow customers an environment where they might safely indulge in a vaping safe haven. San Francisco law, the home of JUUL, perhaps they are punishing everyone in their city for the effects that JUUL has had on our youth. Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 2 Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 3 They also have laws that allow people to defecate on the streets there. That doesn't mean laws like this are the right thing for Wilmington, N.C.! I believe that the citizens of Wilmington should be acting as a leader in this area, recognizing that this may be a part of people's lives, that when used properly and not in excess, is making life better (for them). "The county attorney is currently reviewing it" So I hope that the county attorney is also reviewing all of the cases where this would impact people's lives. It would impose a severe restriction on these citizens as well. The Board of Health should also be taking into consideration that this is a highly complicated issue, not the same as banning the use of cigarettes. Where cigarettes have been proven to have negative effects on people's health. Where as vaping CBD is becoming widely know to have many positive effects on people's well being with no detrimental side affects. These are very important distinctions! Perhaps we should focus on educating all of the people in Wilmington about how seriously dangerous nicotine vaping can be. UNCW and CFCC might be good places to start. It is important that people realize they may be harming their bodies in untold ways by the content of what they are vaping. This can be very scary when you are talking about carcinogens. This is a reason why people are not smoking as much. But we should also not assume that all vaping that takes place is hazardous. In many cases, quite the opposite may be true. I have learned about and personally educated many people that there are safe ways to ingest CBD by way of vaping. It is often consumed in such small quantities at a time that any long term affects are minimized. It is much better to inhale a small bit of natural vapor, than it is to smoke a hemp cigarette (because you ingest carcinogenic parts of the plant that have no beneficial value to your body). Before I started seeing the overwhelming positive affect people may achieve, when vaping CBD, I thought everyone was vaping nicotine juice. This is simply not the case anymore. Many Americans are taking their own well -being into their own hands more than ever. They have realized that by simply ingesting cannabinoids (like CBD), from a natural plant that So before you prevent Grandpa from taking a vape so he can get through a visit to the battleship, or the veteran that fought for our right to be free, think about what it might cost them if there was a ban all vaping in all public places. It would make the lives of many people difficult, possibly at a time when they just felt good about living again. Cartridge pens, concentrate pens, and even pod based vape pens may be used by an individual for the ingestion of CBD. Even the exhaled vapor has no negative side effect on another human being. This is why you simply cannot make abroad statement about banning a device like this because it is proposed as being for the benefit of teenage health. "White typically believes government should "stay out of most peoples' lives" — when it comes to these products, he has a different opinion." He was also quoted as saying "I see that this is an exception to that because of what it's doing to teenage health." So I must ask, where are the parents of these teens and do they know what to look for? "...and while I'm sure there will be many people that disagree with us even looking at this, I think it's the responsible thing to do." This is exactly where my concern lies. Is this really the most responsible thing to do? The old expression about "throwing out the baby with the bath water" comes to mind. I strongly disagree that a widespread ban on vape pens and vaping is the responsible thing to do. That is simply not accurate or fair. We are living in the year 2019 and many people are very under informed on how all these things work. We need to help each other understand that there are positive and negative uses of many things in life and it is important to not lose sight of the distinctions between the two. One is harmful and the other is not. Is it fair to ban the use of a technology that has a positive effect on a person's life because someone else didn't "follow the rules ". It certainly is not in my view of the world! What would this ban do to the well -being and health of the rest of the citizens and visitors of our great county? Should they be penalized because teenagers were allowed to (presumably illegally) to obtain devices like JUULs? This is not taking into consideration the quality of life and well -being of ALL 174.106.139.129 people in the county. I believe that it is simply a flawed idea that this proposed ban will help all members of the community. 75.110.45.139 1100% support this rule! 98.121.177.106 Definitely for this proposed rule. Smoking is a personal choice, not one that should be forced on the public by having to deal with a person's second hand smoke. This rule should be passed. I fully support the County's rule and appreciate the efforts to provide a safer environment for its citizens, visitors and employees. As someone who has developed asthma I now understand how little exposure can trigger a scary and serious attack. I believe this ruling is appropriate to protect the public health of our community and encourage healthy behaviors especially for 12.204.182.117 future generations. It hopefully will also reduce the overall cigarette butt littering problem which harms the environment. Thank you for your consideration. My wife & I, as full -time property- owning residents of New Hanover County are 100% in favor of the proposed rule! To maintain a healthy lifestyle, my wife & I frequently take long walks on County streets, in County parks, etc. and we are tired of constantly being exposed to unpleasant & harmful smoke from cigarettes & vaping while out walking for our health! In addition, we believe that the proposed rule can help prevent children from getting hooked on these destructive habits! Thank you for proposing this important rule to improve public health in New 174.106.191.217 Hanover County! - Frank & Angela Smith You are WAY overstepping your boundaries by trying to regulate a legal substance so that it cant be used out in the open. GET REAL. Keep your hands out /off of everyone elses personal 65.184.201.233 choices. 152.26.51.96 1 fully support any law that restricts tobacco and E- cigarettes in public buildings /grounds /vehicles. 24.235.16.5 Restricting in vehicles is overkill, and too far of a reach. How would that even be enforced. WORRY ABOUT ENFORCING TEXTING WHILE DRIVING. Please follow through with this lot and make it illegal. It is so common place now and my children are constantly exposed to it. The rate of occurrence is growing and it is becoming prevalent in 173.93.55.10 the schools. When this starts harming others and setting a bad precedent, it becomes a public health concern. Vaping must be banned. Number one: it puts nicotine in the body. 2: nicotine is highly addictive. Not only that but puts others in danger by being around these toxins. Please ban from public 107.12.58.35 1 places, work environments and from vaping in cars. Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 3 65.184.203.229 Ban vaping everywhere possible. People who have addictions (legal or otherwise) should be forced to limit them in such away that no other person is impacted. The only 'good' thing about vaping is it reduces illegal disposal of cigarette butt litter. While passing laws to ban vaping in public spaces, a renewed enforcement of littering laws and cigarette butt disposal ought to be debated. 65.184.60.237 I don't smoke anything. But, what I've read about your position refers to the harmful effects of vaping. I have read extensively on vaping, and it appears that the harmful effects appear to be only on THC infused vaping with vitamin E (which is illegal). But you seem to be making a jump to banning all vaping outdoors. As I mentioned I don't smoke in any form, but I do feel infringed with being downwind from real cigarettes; however, I do not feel infringed by the use of vaping - I don't smell anything from vaping. If you ban vaping outdoors, that is complete overreach. Please reconsider your proposal. Mike Wilson 7421 Nautica Yacht Club Drive 65.184.141.116 This proposed rule should not be used for vaping products. Do as you see fit with tobacco products. 99.203.29.40 Please BAN to include private and commercial businesses. 66.56.201.170 Please prohibit these e- cigarette. I do not like breathing their smoke. I am concerned for all of the teenagers who have been sucked into the marketing and think that it's a safe product when it is not. 1agree 173.93.115.148 174.193.30.254 1 support the proposed ordinance 104.186.144.250 Great idea. Very strong support of proposal. It will help the overall economy, by making the region more attractive for visitors and high tech entrepreneurs, who are looking for communities with classy and attractive culture. Will result in increase of economic development, with no counter loss of the few retail jobs of people selling this stuff (since people can still use it in their private homes) 66.56.230.254 1 agree with the proposed rule 99.109.22.149 Anything put into the everywhere. lungs of vapers and smokers and innocent bystanders must be banned 107.12.83.143 1 strongly agree with prohibiting the use of tobacco and e- cigarettes!! Me and my family's health should not be compromised due to others stupidity!! 104.188.96.226 1 suggest that this would be a ridiculous rule. I fail to understand how this will curb e- cigarette use among young high school students. This is really the issue that is driving this rule. I am a 70 year old that uses an e- cigarette and purchases supplies from reliable vendors. I don't feel that I should be subjected to this rule because our community can't come up with real means to curb teen vaping. 174.194.11.4 That sounds great to me but my biggest concern in PLEASE establish an ordinance of no smoking /vaping for a certain distance of entrances and exits of restaurants. 99.203.85.202 Ridiculous! What next..... 174.106.12.176 Banning smoking on sidewalks seems an excellent way to increase the number of assaults and robberies in Wilmington. Forcing smokers to alleys and other dark places is liking giving predators a Christmas present that lasts all year long. 174.193.20.174 Given the lack of knowledge about the chemicals in the fumes of e- cigarettes I feel this ordinance is prudent and needed to protect the health of the greater public. 204.85.128.126 I think that this rule may be excessive. Banning individuals from using tobacco products and a -cigs on public properties is the city government overstepping their boundaries. I completely understand the worries and concerns coming from the community but this just isn't the right way. Instead of automatically banning these items on public properties I think the city government should propose a tax increase on tobacco, alcohol, and e- cig products 174.194.1.190 In favor 216.151.191.116 I don't think you or anybody on this earth should try to infringe on a persons right to smoke outside, if you want to control something, inside government buildings, government vehicles is fine. God created air and no one should feel like they can control something they did not create. 173.93.116.225 If you intend to give a vaping citizen a misdemeanor, then a cigarette using citizen should also receive the misdemeanor. Otherwise, you are encouraging smoking cigarettes over vapes. 65.184.35.196 Ban it all. It kills!! Period! 98.121.167.244 This is government overreach at its finest. 47.42.36.147 Until you can clean up the Cape Fear river, you shouldn't worry about vaping outdoors. Ludicrous! 11 104.188.99.31 Yes please pass 173.93.84.193 Please stop vaping in public buildings. Follow the same laws as we follow for smoking cigarettes. I am a former smoker and now former valet, but other people should not suffer for ones own addictions. Please stop vaping in public locations, for the kids if nothing else. 107.12.71.253 I am very much in favor of this proposal. We need this law to protect all from second hand smoke in public places. One place gets over looked is just outside at the door a lot of smokers stand at the door and smoke. I have a number of people smoking e- cigarettes inside of restaurants where I am eating. I will be calling to report this when you pass this law. You sooner you pass this the better. 98.24.241.44 1 Please vote to ban vaping Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 4 97.87.76.62 Great Idea and long overdue. 107.12.132.243 1 support the proposed rule. 173.93.82.153 1 agree. Please ban the use as proposed. 173.93.25.176 Please just be rational and considerate to the people who smoke. Providing convenient areas to smoke will result in a much more civilized experience for all involved vs the fascist approach. I think this will be detrimental to the economy in New Hanover County. You are basically taking away the rights of individuals who may be shopping, entering a restaurant, among other 67.209.10.46 reasons to not be allowed to sit in their car or stand on a sidewalk and vape or smoke a cigarette. support prohibiting the use of a -cigs and tobacco in public places. I have three small children who regularly are exposed to harmful toxins from smoke and vapors (especially e -cig vapors 174.194.7.160 indoors). This is not acceptable! 1 do not agree with it. It's taking away a right. 174.193.23.27 172.124.110.51 Yes, Yes, Yes!!! I definitely believe that e- cigarettes and all vaping products should be banned from public places. As a non - smoker and healthy adult, I would like to stay. that way. 47.42.34.94 Another shot at government taking away our rights as citizens. On the freeway to Capitalism or Dictatorship. Our outlook is good for what used to be the best country in the world. 70.40.120.36 e- cigarettes definitely should be forbidden immediately. 65.184.207.214 So many rules.So complicated. What is next. I think you are going too far by including " grounds " and "sidewalks ". People should be free to use their cigarettes and e- cigarettes in wide -open spaces. Indoor county owned spaces are 174.106.45.149 understandably regulated for the comfort of all. This comment is coming from a non - smoker and non- vaper, retired county employee. Leave people a little FREEDOM. Any open air environment has been scientifically proved to have a dissipation rate for cigarette smoke to be unaffective to those surrounding. Why would you not permit someone traveling alone in a vehicle, that is not affecting anyone else to smoke. To date, cigarette use is not illegal and your attempts to make it so will only drew more lawsuits that will be an expense to the tax 47.35.224.215 paying citizens. And in so knowing, you pass a rule like this expecting lawsuits is akin to mismanagement of public funds. The ban should be placed due to the health risks and air quality affected to users and others in the immediate areas of those using. By placing limits on where a cigarettes can be used, it is reinforcing an awareness and mindfulness to the users that this is an unhealthy habit. The ban also protects those who already experience respiratory related health issues from inhaling these 65.184.237.73 noxious chemicals. This ban will be the healthiest decision for all. I'm a smoker and I don't have a problem with any of the places mentioned (even the park!) because they are all run by the county. Bars and other places ... I don't think non smokers should be subjected to second hand smoke in an building. However, I DO object to not being able to smoke while on a Sidewalk. That one pushes it too far. If you want to enact the 100 ft law that other states have in place, I think that would be a good compromise. I'm glad that the county is seeking to find a way to help to significantly decrease the ease in which teenagers can access 172.58.158.209 vape products and will hopefully help discourage new smokers from getting hooked. e- cigarettes should be treated the same as cigarettes. 173.93.45.10 Sections 3(1)(c), (d), and (f) are overly broad and unnecessarily open- ended. Restrictions should be specific and exclude areas where harm to others is unlikely, such as "streets and sidewalks ". 107.12.83.104 1 dont care if people smoke. How about banning corps from poisoning our water and air with PFAS instead? That's air WE ALL BREATHE. Leave smokers alone People can smoke in the privacy of their own home or on their own property. Children, older adults and the medically fragile should not be subject to harm for somebody else's pleasure and 107.12.55.70 selfishness. What a person wants to do to their body is their choice however the rest of the public should not have to suffer their life decisions and consequences through secondhand smoke 174.194.0.34 1 agree I think this is ridiculous as far as on a public sidewalk, vehicles etc. Not all people are below age 21. 1 am 59 almost 60 and use and a -cig (specifically what it was meant for) with NO NICOTINE. I do not use CBD oil, nor place anything at all it this device. This is absolutely nuts for consideration for people as old as I am who definitely knows what choices I make. I do not blow smoke at anyone, nor am I around anyone doing anything like that. If you are that immature and you are under age, or whatever, this is better than an actual cigarette or any other material with nicotine in it. So you are going to make it illegal for someone like me to walk on a sidewalk in the county with an a -cig which holds nothing but liquid? NO NICOTINE. NO CBD OIL!!! Make that 107.12.89.209 illegal. 173.93.66.168 Inside buildings is reasonable. Sidewalks and outdoor venues should remain allowed areas. I agree with the ban inside of government owned buildings, vehicles, or enclosed spaces. I think the proposed law goes too far in that public spaces including sidewalks would be no smoking or tobacco use allowed. I also strongly disagree with any prohibitions on non - smoking tobacco (ie> snuff or dip) that would presumably fall under the umbrella of "tobacco products ". That only 152.31.192.34 impacts the individual user and should thus not be regulated by the government. Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 5 Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 6 Thank you for proposing this long- overdue rule. I wholeheartedly support its adoption. I had a very unpleasant experience earlier this year at the Greenfield Lake Amphitheater when 2 people sitting in the audience vaped the entire time, including around children. The expelled aerosol is NOT water vapor. It is a highly toxic release that is stinky and risky to non - users. Please take this 174.106.48.192 important step for everyone's sake. Donna Moffitt Open air use of tobacco products should not be infringed. If you prohibit smoking in all public places, then a designated, convenient place should be provided to avoid restricting the rights of 47.35.234.139 those who choose to smoke or vape. This is over reaching by banning it in public places! There are already regulations for inside of buildings, but to try and regulate the sidewalks is absurd. Officers could be active in protecting the public or solving crimes, but this would make them even more like hall monitors pacing the streets of downtown watching for someone to light up. It's a waste of time, unrealistic and 174.81.123.155 downright ridiculous to think this would be acceptable. 107.12.91.110 Favor banning all tobacco products INSIDE public buildings but do NOT favor banning from public sidewalks. I am a 59 year old female whom smoked for many years. Last year I gave up cigarettes in favor of vaping. I only vape product made in the USA, no added chemicals, no harmful fumes. It is Vapor, nothing harmful to others!! I have to show my I.D. each time I purchase my vape supplies. I am sick to death of officials blaming all of us for the idiotic teens that obtain illegal black market products and THC. These same groups of individuals that eat Tide pods! They are the ones that need to be banned from smoking. Anyone over the age of 25 should be able to "Vape" in 174.194.1.82 public!! It is Vapor, not harmful to anyone!!!! I am excited about this rule! Many restaurants allow smoking at their outdoor areas. I love enjoying my meal outdoors, but am not able to because of people smoking. Cigarettes in parks and at beaches as well as downtown festivals are also offensive to me, but dangerous to people who have breathing issues and the litter the leave behind is not good for our environment. I hope 107.77.235.86 this rule is adopted and enforced. 174.193.25.190 Is New Hanover County low on funds? This is a non -issue and there are designated smoking areas already in place. I vote NO. From the UK NHS: "There is no evidence so far that vaping causes harm to other people around you. This is in contrast to smoking, where exposure to secondhand smoke is known to be very harmful to health. Unlike cigarettes, there is no side - stream vapour released by an e- cigarette into the atmosphere, just the exhaled aerosol. Unlike tobacco smoke, e- cigarette vapour 104.184.79.67 dissipates quickly in the atmosphere." Please do not ban the very thing that may help people stop smoking tobacco! I am a 55 year old ex- smoker thanks to vaping. I do not lace with anything, i buy it from a reputable store in Wilmington. I do not think it is fair to limit those who vape for health reasons from 152.20.231.130 public outside areas. Towns cannot control cigarettes from public beaches, so ! dont understand why people think prohibiting vaping from public places to be any different. I believe that instituting a ban of tobacco and e- cigarettes in public areas is a great step forward for the health of our citizens and guests. Many times I have been walking downtown with my family and had smoke or vape mist blown in my and my children's faces by people who are either walking ahead of us or are clustered outside of a bar or restaurant. I have had to walk into the street on some occasions to avoid the smoke or vape cloud. I understand that people who vape or smoke will say that they should have the right to smoke or vape outside, but what about my right to walk down a public sidewalk free from smoke and vape mist. I have heard the argument that vape is not dangerous, however that has yet to be proven. I enjoy walking around downtown and in the parks with my family. There have been times that I avoid these places for the fact that I have encountered people smoking or vaping in these public places. One such incident that sticks out is a few weeks ago my family and I were walking with our dog at Halyburton park. We were walking on the paved trail and had to move into the grass to avoid a group of about six people whom were smoking and vaping while blocking the trail. I fully support this initiative to make the public areas smoke and vape free. Thank you for your dedication to our 174.106.56.205 community. 174.108.249.2 1 do not think that it is right to propose a ban on tobacco and e- cigarette use in open /outdoor public areas. I feel the proposed rule is an over reach and I do not support it. 70.61.222.146 The County should not try and enforce smoking regulations outdoors. I support the ban. Vaping is obnoxious and the long term effects of it are unknown. It is shameful that people engage in it inside restaurants and bars subjecting nearby patrons to its effects. 173.93.4.77 Please protect the general health of our county by banning it. 98.121.160.154 This is wrong. They are out side and should be able to enjoy what the do. 174.106.38.83 1 support the ban. I think a cigarettes pose a health threat to the public. I think the ban will help keep Wilmington a desirable location for visitors and residents alike. I think individuals should be able to use their vaping devices in designated outside areas, much like with cigarette smoking areas. It seems a bit unfair to allow one and not the other. Personally vaping truly did help me quit smoking. I don't even vape anymore. I believe it can be a life saver in some ways. No other methods helped me quit. It would have possibly impacted if vaping would have helped me if I had dealt with so many restrictions as well. I do think vape shops should be regulated as heavily as alcohol and cigarettes. Its also important for better regulation of the products sold. Example easily being the recent pre - filled cartridges sold by companies that let product with much higher nicotine content become available to those who 173.93.69.30 vape. Its not regulated enough. 172.58.155.70 The counsel us totally overstepping its bounds by trying to outlaw smoking of any kind on public sidewalks. You are placating some at the expense of others. This is unacceptable. 65.184.164.209 1 feel some of this proposal goes way too far. Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 6 Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 7 I understand indoor use should be prohibited in non residential places. Such as state buildings or offices. But to ban vape smoking from public outdoor spaces like sidewalks is a little much. I feel at bus stops or outdoor concerts would be an agreeable prohibited public place. This is coming from an ex smoker. I haven't use any tobacco products in 10 years. And personally I to want to go to a see a movie and not deal with someone vaping. But outside on a sidewalk? That's a place we can avoid the vape easier then a movie theater. We all have rights and free will. 174.193.14.78 Banning feels like a strip of ones rights and free will. It should only go so far. Thank you 174.193.26.203 No This is just stupid! Absolutely ridiculous that people want to even think about banning smoking outdoors much less conduct a hearing /meeting /proposal about it. What's next? Shall we ban 97.87.79.16 fires that keep people warm b/c it offends someone? Should we ban bars b/c they promote alcoholism? Come on people ..... get a life and find the real criminals!! This is a perfect example of local government overreaching its authority. If the local government wins this will open the door to pandora's box if you will. What else will the local government try to take? Why does such a small committee a fraction of a fraction of the population think they know what is best for this growing city? You do not speak for everyone by any means! I doubt any of you are even socially active. I'm a very socially active and connected professional in Wilmington. This will affect many individuals and businesses negatively. What is the difference with 174.245.65.13 idling vehicles next to side walks or public spaces? Just food for thought I do not support the ban of vaping and E -cigs in public places. I have always hated and felt sick around the smell of traditional cigarettes. But a -cigs and vaping has never bothered me and smells kind of nice. If we want to crack down on something, it sound be on the cigarette smokers that careless pollute our town with cigarette butts that kills thousands offish and birds each 174.194.16.82 year. Ecigarettes do not create a 2nd hand issue for those around the person vaping. They also do not produce the litter and waste that traditional cigarettes leave. Traditional cigarettes pose a health problem not just for the smoker, but those who suffer their 2nd hand smoke along with the trash that those irresponsible smokers leave behind when they discard their butts wherever 104.188.99.172 they want versus appropriate receptacles. This rule is frankly ludicrous, makes no sense from a public health perspective and is going to do public health harm. Vaping products don't contain carcinogens and have been proven to be an 174.106.47.39 effective form of smoking cessation. Agree. Ban is all. Why should we have to put up with other's smoke whether from cigs or vapes? We have right to quality air and no need to walk through clouds of vape.... They can do this 107.77.237.17 in their homes. The less in public, maybe the less young kids will want to follow. There are way too many drug problems out there so the less young people see of any of this junk the better. 1 100 percent agree I think the vape is 1st of all dangerous to all and the vape stays in ur lungs worce than smoking so saying they cant do in public place is a good thing because I know I dont want to be in risk of secound hand smoke affects or poison going in the air we all breath I have week lungs so it hurts me more than the average person.i have seen 2 many people dye from 47.35.234.130 smoking and now vaping or a sig so it's all bad so I say the sooner it all gone the better 69.221.141.73 Excellent idea .... our young (and oldies)are getting hooked on yet another unhealthy habit... painful to watch the dying people Reasonable restrictions on vaping in schools and other places designated for children are appropriate, but complete public place vaping bans are too extreme. Vaping should be allowed in outdoor public places, like beaches and parks. Business owners know best how to address the preferences of their customers. They should be the ones deciding if vaping is allowed in the restaurants, stores, bars or businesses they own. Research is needed to determine whether smoke -free outdoor areas should also be vape -free or not, as the issues differ somewhat from indoor public spaces. Igor Burstyn of Drexel University reviewed over 9000 different measurements of the chemicals in e- cigarettes from a wide variety of sources. He specifically looked at contaminants associated with a risk to health, and compared the values observed to the standards set for occupational workplace safety. The results analyzed the amount of these contaminants an e- cigarette user is deliberately exposed to through vaping. The conclusion: if these were an involuntary exposure in a workplace, taking place over decades, they would not 65.184.143.61 justify any attention. Because vapor expelled by the user is immediately diluted by the ambient air, the risk to bystanders is 1 /100th to 1 /1000th compared to smoke. That is, essentially zero. Although I do not support a ban on the sale of vaping or flavored e- cigarettes. I believe it is appropriate to ban vaping, as current rules suggest for other "smoke" related instruments such as 70.40.69.154 cigarettes, pipes and cigars. Vaping may not prove to cause cancer, it certainly can be offensive to others around or walking behind a plume or cloud. 97.87.78.3 Totally agree! 65.184.192.2 This is unnecessary. State law already addresses indoor use, leave the outdoor use alone. Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 7 Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 8 I am a responsible smoker, that being that I only smoke in designated areas and am conscientious about not blowing smoke in anyone's direction. I do not smoke indoors including my own home or anyone's home. I dispose of my cigarette butts into designated receptacles throughout the city, county and at the beach. As such, it is my choice to smoke while not affecting others around me. Although I understand the concerns addressed in this proposed rule, I believe it is extreme and restrictive, especially in view of so many issues affecting our community: gun violence, vehicular violations, and crimes of various nature to name but a few. Smokers are easy targets, and increasingly so. Smoking indoors and outdoors on school or government property should not be allowed. But elsewhere outdoors? Seriously? Quite a reach. Furthermore, this doesn't even remotely correct the issue of dangerous vaping products which is being addressed on a higher level against the manufacturers. It doesn't address underage users either. Minors will continue to smoke or vape regardless, much like they will continue to drink alcohol. Should alcohol then be banned in the areas proposed by this rule? Or unhealthy fast food? I think that adults who smoke should not be targeted as previously mentioned. There are other priorities 173.93.0.60 that need to be addressed and enforced by our authorities. 174.106.144.99 Leave people that smoke and vape alone is our right to do what we want to do quit taking our rights away Coldwater a body is going to sink to the bottom Please do this! My rights to breath are violated daily by people outside of buildings or using the "I'm on the sidewalk" excuse. It also looks horrible to have staff at CFCC out smoking on the 198.85.236.234 sidewalk in front of Union Station. Please do this! I have no problem with a ban in city and county owned property, but as a non - smoker and someone who avoids any establishment that allows smoking inside, I completely oppose rules and laws that disallow private business from providing their clients the environment that they seek. Forcing smokers out of these establishments will result in more smokers in other public places such as sidewalks whether its legal or not. Patrons can chose other places to go if they don't like the rules, but precluding these business from providing a place to allow smoking will do nothing to promote public health and only create a burden to enforcement and a resentment of the authorities who are caught in the crossfire of public resentment and county policy. Bars, clubs, and entertainment venues are not public places, they are private business who provide services to the public in accordance with their own rules and policies. A non - smoker has no right 192.158.226.52 to go into a place that allows smoking and demand they stop, any more than someone who doesn't consume alcohol demand that it stop being served at a restaurant. 152.26.51.96 Please ban tobacco & e- cigarette in our county. I use to smoke a pack of cigarettes a day, but gave up the habit 30+ years ago. I think it is a great idea to ban both products. Thank you. I question that the Health Dept has the authority under the Session Law 2009 -27 to enact this rule. The law allows for governing smoking and the rule seems to differentiate between smoking and e- cigarette use. Also, it is referenced as a tobacco & e- cigarette rule but the rule clearly states it is for smoking and e- cigarette, not tobacco in all forms. "WHEREAS, while use of tobacco in any form poses adverse health consequences and is to be strongly discouraged, this Rule specifically addresses smoking and e- cigarette use given ensuing secondary health 70.63.86.17 impacts." We are in 100% support of the proposed e- cigarette and tobacco rule changes. We don't want to be exposed to the "second hand" e- cigarette mist which has been shown to contain harmful 173.93.104.253 chemicals. I think this change is especially important to protect children. Clare, James and Laura Kalina 66.56.242.23 Not for it 12.164.193.253 https : / /www.Iivescience.com /vaping -lung- illnesses -thc- products. htmI? fbclid=l wAR34Cb5H0r3KPXXtTkyO3vJLdTyEIXi44wggzIWbQ6TgrOZ8B8- dIUZAZZE 174.106.44.193 Please don't cut down personal freedoms. This is something social mores can correct and doesn't require legislation. Somewhere along the way we have lost doing the right thing. We need to go to the root of the problem. Instead of banning everything in the world, FIX the problem. These are children that are getting hurt by what they are adding to the e- cigarettes not the e- cugarette itself. 1. How are they getting the products they are adding? 2. If someone wants to change the effects a 165.156.39.54 product will have on a person they will find a way. Just like alcohol, cigarettes, and illegal drugs. Thank you! 174.193.33.35 1 totally support this!!! 71.224.209.11 This sounds great to me. This seems like an unwise decision for a county that relies heavily on tourism. We already have laws that protect the public from second hand smoke. It will make us an unattractive 152.26.51.97 destination for millions of smokers As a non smoker I'm ok with the tobacco ban in public places but banning a cigarettes is ridiculous. They are not nearly as offensive as tobacco products. Kudos to people who vape instead of 50.52.177.99 stinky cigarettes! I can understand prohibiting it in city and county owned buildings but you can't tell people what they can do in public spaces especially if they are outside on a sidewalk. It's really overstepping on individual rights. I don't even use a cigarettes but I find this ruling extremely unfair and violating civil liberties. People are making the choice to smoke and use these products, even if this 174.106.57.174 gets passed people will still find a way to use these products. I can understand banning in small or enclosed areas that are government owned. However, in open property /places or in private sector owned properties (bars, restaurants, etc) I feel that a 173.93.72.156 1 ban would be a violation of their freedom to run that business. The current state law provides enough governance as is. Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 8 Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 9 This is the most uneducated witch hunt I have heard in days if you ban a cigarettes in open air public place you know nothing about the exhausted of vapor you would literally be banning hot 71.14.122.192 coffees and hot teas they give off the same odor an vapor and also all smoke machines in night clubs will be illegal also absurd you better talk to state lawyers!!!!! level. Ok, why not limit the scope of possible local regulations to the <21 population. As for the lack of Federal regulation; there are many Federal regulations along with Federal and NC State laws regarding both prescription and illegal opioid products. There are Federal, NC State, and local law enforcement agencies in place to enforce those laws and yet the opioid addiction problem remains out of hand and growing. A North Carolina Health News report in 2017 shows Wilmington, NC to be 1st of the 25 highest opioid abuser cities in the US. https:// www .northcarolinahealthnews.org/ 2017 /07/27/ four - north - carolina- cities - make - top -25- list - opioid- abuse/ I think the efforts of the New Hanover County Board of Commissioners would be better spent on this deadly problem. Why should the government involve itself in banning or for that matter assume itself to be allowing the use of vaping products in a private business? Allowing or not allowing vaping in a restaurant, bar, store or any enclosed privately owned area where the public is invited should be the decision of the owner based on the positive or negative suggestions of his or her clients or customers. I can assure you that if a sufficient number of customers complain about vaping in an establishment, the vaping will stop without the need for government intervention. Considering a ban on vaping in open -air spaces even county parks should be a non - starter. The fact that vape products come in various flavors is another concern for some that find weak. The argument put forward is that the candy and fruit flavors are designed to entice juveniles to use the products. Every ABC store in New Hanover county maintains a vast variety of candy and fruit - flavored liqueurs and even flavored milkshake type alcoholic beverages. So, if it is true that vape companies are using flavors to draw in children to make them addicts; shouldn't the theory apply the ABC stores operated by the government of New Hanover County? Why not start the ban with acholic products that are already regulated 173.93.74.187 and proven to be a danger to children? As of late, there have been 29 vaping related deaths in the US. That is not a remarkable statistic considering the population. Also, according to I smoked cigarettes for 20 years. I thoroughly researched vaping for previous cigarette smokers so I could avoid looking like a hipster blowing huge clouds. I found my fit. I have not had a cigarette in 8 months. With vaping I can lower my level of nicotine intake, therefore steering me away from the addiction. So far it has been working for me. Inhaling second hand vape isn't the "killer ", cigarettes are. I am sure if someone was standing near someone either smoking or vaping they would sooner stand near the vape vs the cigarette. I breathe better, I feel better, I smell better, my teeth are cleaner, my skin looks better, I've never been happier to find a way off cigarettes vs traditional methods that fail. Illegal THC vape pens are putting people in the hospital. Not regular vapes. There are plenty of smoking vs vaping on the body videos available on YouTube. Smoking, as vaping is a personal choice. As well as choosing to quit both. I find I don't even need to vape in public, let alone cigarettes. Cigarette smoking should be banned in public. There is far more consequences to second hand cigarette smoke vs vaporized clouds that 96.37.34.125 dissipate in seconds. Big Tobacco is desperate to have Vape in the same boat as them. Don't believe the hype. If Big Tobacco can't beat the vape game they rig the system. Obviously no body wants vape or smoke on govt property, but that's not what this is about. It's about a government statement saying they are equal. Come on people wake up. Big Tobacco in North Carolina pulling strings ....not really far fetched. People vaping at public parks is not our communities biggest problem. Vaping is not safe. But categorizing Vape and Smoke as the same , is counter productive to what we all 173.93.17.154 want ...... a cleaner healthier community. This Government Statement is a round about gift to Big Tobacco. Real players don't play on the surface! E- cigarette rules should follow the same rules for tobacco use in government -owned and public spaces. Besides just being annoying for any person around someone blowing the vapor in a shared space, I offer two additional reasons: 1) the rule is more consistent thus easier to understand and enforce if it applies to both, and 2) not enough is know yet about the potential harms 174.106.189.252 of vaping including its effects on persons in vicinity of it. As an historic staple of the economy of this area, and the state of North Carolina as a whole; I strongly urge the local authorities to uphold a balance between health and personal freedom. An 98.121.176.104 outright ban seems to persecute smokers, at most, I personally feel that creating smoking "safe zones" could be a possibly consensus to this issue. 174.106.138.107 No, to outdoor venues or public places where the owners allow vaping! 72.168.160.142 1 support the rule. I should not have my health affected by those who make unhealthy choices. I avoid people who smoke and places that permit any kind of smoking. 173.93.13.102 They should be treated just like regular cigarettes 93.145.195.164 1 strongly support this new rule. It is long past due. 174.106.51.75 No 174.194.4.11 E cigs should be treated like cigarettes. Not allowed inside, but fine outside. 98.74.131.44 Yes, we must do what we can to help those vaping idiots wean themselves off the poison they insist, in spite of all warnings, on inhaling into their lungs. I would love the implementation of this rule. I commute to work walking downtown and my kids walk to school, we encounter significant smoking on city sidewalks to and from these places 104.182.49.133 on a daily basis making it an unhealthy experience, walking in public spaces should not be an unhealthy choice for non smokers 65.184.239.5 They should be banned 98.121.166.216 No ban. 98.24.244.106 lAs a registered voter in New Hanover County, if this rule goes into effect I will vote against every incumbent I am able to vote against. Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 9 Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 10 * * ** * * ** We can't drink the water and you think that making me pay sales tax on a vehicle then you tax me AGAIN EVERY YEAR just to own the damned thing, and you have the right to tell 174.193.30.49 me what I can do in the * * ** thing? But it's cool that we also pay for water that we can't drink? Sorry about things that the government is SUPPOSED TO WORRY ABOUT 96.37.32.67 Yes ban a cigs 98.74.153.180 Please adopt this rule. Vaping is offensive and a danger to health. Nicotine is a poison. 65.184.42.214 1 think it's a great rule and am all for it. Let's help protect our youth and take a stand. The tobacco - cigarette rule should be passed to satisfy and protect the general public as they enter public places because if not they would not necessarily be safe or correct to confront anyone 174.106.139.102 who could be imposing their personal habits onto someone who could be physically or emotionally harmed by their personal choices of addiction or habits! 172.124.111.213 Why? 66.56.227.145 1 would like more clarity on designated smoking areas. How many? Where? Etc 47.132.75.70 1 would be in favor of the ban. 104.49.6.1 Absolutely for it. Stop trying to regulate what the public does in public. The regulations as they are are more than enough. You don't want people smoking inside fine, but trying to stop people from smoking 71.14.127.161 outside is asinine E cigarettes have no smoke they emit water vapor how in the hell are you going to ban water vapor in one of the most humid places in the United states maybe you should educate yourself 107.77.233.165 and others on what a cigarettes actually are before you make laws about things you are ignorant of 70.35.180.44 Please ban them is all public areas 65.184.246.123 1 am against the proposed tobacoo & e- cigarette rule. I'm a downtown resident more concerned about public safety. 173.93.104.21 1 support the proposal. I shouldn't have to be exposed to vaping at restaurants and stores. I've even seen it done in the movie theater which is wrong! 65.184.42.207 1 support the proposed rule. Thank you! 107.77.232.82 I would rather smell the a cig vapor than a cigarette any day. People will still smoke no matter what you choose. Having to walk by a cigarette is very offensive. As a non - smoker, I feel this is absolutely ridiculous. People are still going to smoke in public and removing all proper bins to dispose of cigarette butts will mean more thrown on the ground or worse, put in trash cans ... which is dangerous! If health concerns are the reason for this ban, then I believe more citizens in NHC would benefit from our leaders fighting for clean drinking water. We have recently had 6 shootings in a very short period of time in downtown Wilmington. Our police force is already spread very thin. I see tons of people standing out on the sidewalks downtown smoking cigarettes or a -cigs everyday. Enforcing this new rule would be a nightmare and would take our LEO's away from protecting us from REAL CRIMINALS! I want our 174.106.50.118 local law enforcement to be walking around or patrolling my neighborhood ... not writing a silly warning for smoking on a sidewalk. 173.93.14.170 1 totally support the proposal to prohibit the use of tobacco and electronic cigarettes as stated. This is both a health issue and a severe litter issue. If it weren't for vaping, I wouldn't be smoke free, after 30 years of smoking. I think this bill is a joke. And I'm old enough to vape in my car. You want to change 7 thousand chemicals in 65.184.233.58 cigarettes. 3 in vape juice.you are playing right in the hands of tobacco company. Funny that there the maker of jewels so they can get kids to smoke cigarettes. I am against this proposal. We're trying to promote downtown traffic and revenue, not create obstacles. There are other more pressing issues that could be focused on, like our "celebrity" 174.106.58.74 panhandlers, and maybe the overall smell in the downtown area. Better yet, focus on making our drinking water safer. 65.184.241.118 1 completely support this rule. The second -hand vapors released by these devices are horrible. Aw buddy, this is adorable. You're worried about people smoking and vaping on sidewalks? How about the ungodly amount of syringes that line every road and sidewalk around town? Pretty sure no one in history ever came down with hepatitis after stepping on a cigarette butt. I'm not the expert though, I just live here. You know what else is almost as bad as those sidewalk smoking * * * *? The droves of homeless sleeping on and pan handling on the sidewalks... how would you feel if you were trying to enjoy a cigarette in front of your favorite watering hole and look over to see * * ** * * ** * * ** * * ** * * * *. You'd probably throw your cigarette down out of disgust. I know I did. Smoking is obviously pretty bad though right? I mean, if we are being honest the only thing worst than smoking would be if some chemical plant was spilling like chemicals or something into our water supply via the river. That'd be pretty * * * *. God forbid someone smokes though. Now, hear me out. What if instead of messing with things that aren't really a problem... You, instead, * * ** * * ** * * ** * * *, and address the problems that are REALLY problems such as the used syringes. People sleeping, * * ** * * ** * * ** * * ** in public. PARKING. And maybe the general all around safety And health of the taxpayers and people who 98.101.13.154 live in this community. Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 10 Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 11 As a 10+ year resident of New Hanover County I full heartedly disagree with the proposed prohibition of tobacco and a cigs in public and city owned areas. Creating an environment that punishes adults for partaking in a personal choice does nothing but come across as authoritarian. All studies done on E cigarettes, (not traditional combustible tobacco products) show that "second hand vapor" is a myth proving no correlation to disease caused from second hand exposure. Furthermore according to the Royal College of Physicians, Public Health UK and Public Health New Zealand, E cigarettes as a means of harm reduction are 95% safer than traditional cigarettes. By equating the two to the same public health danger, you will lead current smokers to believe that making the switch is not worth it, on average 480,000 Americans die from cigarettes every year. The recent outbreak of "vaping related illnesses" has been directly linked to illicit cannabis products containing Vitamin E acetate. All E liquids tested came back negative for containing the above mentioned containment. This is according to the CDC. The actions of the proposed law could have serious public health implications by conflating harm reduction to actual harm. I urge a reconsideration on this. Thank you for taking the time to read my 65.184.37.47 comment. I fully support this. Tobacco use is a choice, while being on New Hanover County -owned properties is not always a choice. Community members have a right to use these public areas without 152.20.155.68 being exposed to carcinogens. As someone who actively goes out of his way to use my ecig away from big crowded areas to to not blow a big vapor cloud in someone's area or space it shouldn't be a ridiculous ban. Even places where employees have said "hey you can do that inside if you like ". I always say no and walk outside and around a corner or a few steps down an alley way next to whatever place I'm currently a patron of to have my own space and try not to bother anyone. At the same time I cannot control the wind either even though I take notice of the approximate direction the wind is going. Nobody is going to walk three blocks away or whatever to use their device or smoke a cigarette. As long as people are half way being respectful it should be allowed. Honestly a ban won't work and you'll have cops writing tickets and wasting the people's tax dollars with time dealing with that instead of actual real police work that matters. If you actually care about public 172.8.79.237 health fix our city water. 65.184.139.158 1 think it's a great idea. I am strongly opposed to the proposed rule. It is quite simply an extreme trampling of government authority over private property rights and individual liberty. I'm shocked and appalled this has even been suggested. Additionally, enforcement of this rule would create an enormous and unnecessary additional burden on law /code enforcement officers and subsequently taxpayers. 174.194.19.105 Do they not have enough genuine public safety issues to deal with? I think this is beyond ridiculous and something that would be implemented in Stalin's USSR. This is an example of government as it's worst as a nanny state. The idea of calling the police because someone is smoking a cigarette on a sidewalk is ludicrous. The police surely have better things to do. If you really want to do something to improve health outcomes and model good habits for children as mentioned in the statement, promote a farm to table program with our schools and local farmers. Let's not be calling the police on smokers. Not that it matters, but 152.26.51.96 politically, I'm very much a liberal democrat, not an anti - government conservative. Come on guys, please do better.......... I have used ecigs for the past 5 years with no side affects. I get a physical every year and I am very healthy. I feel you need more medical research to determine the ban. Most of the deaths 173.93.78.64 have been due to the oil ... just do more research before you ban these products. 65.184.54.133 1 think all tobacco products as well as e- cigarettes should be banned. This rule you punish a smoker who is known to give cancer to non smokers you want to fine them $50. But give a misdemeanor to a person that vapes. By these punishments your saying vaping is worse than smoking. It appears you have it out for those who vape. It appears your taking advice from organizations, groups and false reporting about vaping causing people to die 172.58.157.74 when it's been proven time and time again that it was vitamin E acetate in illegal THC cartridges that have gotten people sick and ultimately have died from. 152.20.155.56 1 support the rule as written. 174.193.16.39 1 support it! I think it's awesome! Should have happened a long time ago! 173.95.196.230 FINALLY! You banned smoking IN buildings but I still have to smell smoke when I sit on an outside patio at restaurants. Finish what you started please. 152.28.8.3 Please prohibit!!! Its long overdue. 70.63.86.14 1 strongly support this rule. 107.77.237.153 Do not ban these products on bars. The effects would be negative and significant. 174.106.48.122 No. E cigarettes don't create a smell or have effects on other people. I thought this was AMERICA!!!!! Awful. I understand that smoking can be banned on official city buildings, but sidewalks ? ?? Terrible idea. Want to ban smoking outdoors? Stop taxing tobacco and vaping products. Our 174.193.11.34 government profits off it, let us have our freedom to smoke outdoors. E- cigarettes should be treated similarly to cigarettes; these health hazards pose dangerous risks to public health. Someone's right to damage their own health by smoking, whether by 152.28.8.4 electronic cigarettes or conventional, ends in public spaces where all of the rest of us live, work, and breath! 107.12.92.247 Do not ban!! I believe both tobacco and e- cigarette products should be banned in all restaurants and bars (including outdoor seating areas) if establishments wish, they could set up a separate smoking 104.15.236.8 area outside and away from eating or any serviced area. Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 11 104.49.5.53 E cigarettes should not be banned, but promoted. They are excellent smoke free smoking cessation tools and anything that would reduce their use is harmful to public health. I am a cigar smoker and the rule seem fair to me. It does not hinder my smoking and I do not force other people who do not enjoy smoking cigars to endure my smoking. I think it should be 65.184.33.131 implemented. As a downtown business and property owner for the last 12 years, I am opposed to a ban on cigarette smoking and chewing tobacco on public sidewalks or any public property in New Hanover county. A great number of businesses downtown have a huge number of patrons who smoke outside and banning this practice would be extremely detrimental to business and the tax 174.106.43.110 revenue they pay the county and state. It's also worth mentioning that some of my employees are smokers and would have no place to take a smoke break under this proposal. Eli Ellsworth 96.37.35.212 1 agree with this proposed rule! I believe that this is fair and agree that it should be passed. Places where use would be allowed are fair and should not affect those of us who are negatively affected by cigarette /e -cig smoke. 1 152.20.46.148 get very sick when exposed, but understand that people who do choose to smoke should have some places where they are allowed. Great job! I fully support a tabaco and cigarette ban in all public spaces, both privately and publicly owned. I also support an e- cigarette ban in the same, but feel like banning all forms of nicotine may adversely affect the accessibility of public and private resources to members of the community. If the proposed ban encounters significant resistance I would rather see a ban on cigarettes, 174.194.1.5 cigars, and pipes that has broader support than no ban at all. 165.166.11.133 1 am opposed to the proposed new rule. 174.194.24.87 Please pass this proposal for the health of our community. 97.87.77.182 yes, save healthcare dollars in the community, get rid of vaping and cigarettes 174.193.2.151 band all areas. city streets and areas you see nothing but cigarette butts. disgusting!! I am proud to live in a county that considers the health and well -being of its residents. This is a necessary rule that will ensure that people will not have to walk through clouds of harmful chemicals anywhere they go. This will also shift social acceptance of tobacco use, which should reduce youth's tobacco use. Rules like these will also facilitate tobacco users to quit these 65.184.48.91 harmful substances and remain tobacco -free. Our family 100% supports this change. I am in support of such a rule because I have a child who is asthmatic. As a result we can't just walk downtown because people are standing outside restaurants and bars to smoke. Actually everyone is exposed to 2ndhand smoke when smoking is allowed in public places. Secondhand smoke contributes to just as many illnesses as smoking and a person exposed to 2ndhand 152.20.127.91 smoke is not being offered a choice in whether to participate in the exposure when smoking is allowed in public places. The anti smoking law already protects everything and every place you have listed except for the sidewalks, grounds and common areas of a private apartment and condo area! You move all of the ashtrays and we will have cigarette butts all over the ground HThis ban is government over reach and will negatively affect our tourism and people's rights. Many have stopped smoking 174.106.189.0 using the ecigs to do it. How about addressing our tainted water that EVERYONE has to drink or now purchase!!! 47.42.36.240 1 fully support the no tobacco rule - I gave up smoking decades ago and do not want to be exposed to the smoke from those who continue to use it. I support this rule and believe that e- cigarette smoke should be treated the same as regular tobacco smoke. I believe that people have a right to breathe clean air and electronic cigarettes are 152.31.193.132 largely unregulated in this sense. This rule would be a step in the right direction. 70.63.86.17 1 think it is a great idea! 65.184.50.90 1 agree. 173.93.39.134 Vaping should be allowed outdoors on public property. As someone who vapes /smokes I believe that shouldn't be used inside of stores ect. But out side is a different story! It's free to the public. This will cause people not wanting to shop or go to 66.56.230.105 festivities in town ect. It's like stepping outside and hearing loud music playing, exhaust smoke going into your face ect. This is no different! Board of Commissioners - November 16, 2020 ITEM: 14- 2 - 12 Please share your comment about the proposed tobacco & e- cigarette rule. Open -Ended Response Name Address City/Town State /Province ZIP /Postal Code Members of the Board of Health, I as the City Attorney for the City of Wilmington, ask that you defer voting on the proposed smoking rule as there John Joye for City of 305 Chestnut Street Wilmington NC 28402 are several issues raised by its current form. I will be happy to work with the Health Director to refine the rule to avoid any issues related to NCGS Wilmington 130A -498 and NCGS 153A -122 as well as practical and financial issues. Thank you for your consideration. Wave Transit is the only public transportation provider in New Hanover County, providing 1.3 million rides annually. The draft rule includes items that Vanessa Lacer for P.O. Box 12630 Wilmington NC 28405 would impact our operations and customers in Section 2.1 (bus stops), Section 3.1.d.ii (bus stops), Section 3.1.f ( privately owned property open to Wave Transit the public), Section 5.2.b (requirement to remove smoking receptacles), Section 5.3 (Implementation) and Section 7 (Enforcement). Please see comments regarding these items below. *Section 2.1— Definition of bus stop and Section 3.1.d.ii- Areas where smoking is prohibited omhe rule states smoking would not be permitted within a 100ft radius of the bus stop. Could language be added to permit a designated smoking area outside that radius? Or, reduce the radius to 25ft with a designated smoking area outside of that radius? oB/e are hoping to enter into a partnership with Keep NHC Beautiful to install cigarette butt collection boxes at high use bus stops in order to prevent littering. Would these collection units be permitted under the rule? *Section 3.1.f - Privately owned property open to the public ogle believe our two bus transfer stations would fall under this category. One of our transfer stations also serves as a Greyhound and Amtrak connection point. We anticipate customers and staff (Wave Transit and Greyhound /Amtrak staff) will need direction regarding an area where it is permissible to smoke. Could language be added to permit smoking /vaping at a designated smoking area(s) on our property? Our concern is that customers /staff will go off property to smoke /vape, leave litter, and loiter in the surrounding neighborhood. *Section 5.2.b - Requirement to remove smoking receptacles. ®urrently we have cigarette butt collection receptacles installed at both of our transfer stations to prevent littering. Could these collection units remain within a designated smoking area or at a designated distance from entryways? Our concern is that there will be an increase of cigarette butt litter, and an increase in possible fire safety issues on our property if the collection units are removed. -Section 5.3 Implementation, and Section 7 — Enforcement o®ur concern is with our limited resources and capacity to patrol and enforce the rule on our properties to the extent required by the proposed rule. Additionally, if we are asking customers to extinguish cigarettes, we would wish to have a safe and appropriate place to collect the litter (such as a cigarette collection box or urn). Again, our suggestion would be to add language to the rule that permits smoking /vaping at appropriately designated smoking area(s) on our property. Thank you for considering the impact this rule would have on our customers and the operation of public transportation service in New Hanover County. Public sidewalks owned by the County, Town or City. What is the strategy to enforced this prohibition? Kathy King 408 Clay St Wilmington NC 28405 Passing rules as they relate to NH owned property is fine, however extending this rule to property that NH Co does not own is not acceptable and Christy Pelletier 122 Oakcliff Drive Wilmington NC 28409 should not be included. Private property is just that, private property - regardless if closed to the public or not. The 2nd hand smoke for people on the public sidewalk and non - enclosed areas is minimal and should not warrant the banning of smoking outside of Eric Laut 118A Princess Street Wilmington NC 28401 bars and restaurants. Air pollution (exhaust from autos, lumber mills etc...) is more dangerous than 2nd hand smoke. If the County wishes to ban smoking on public sidewalks, you must ban traffic (cars, buses etc...) if the County follows the same logic. I am against the banning of smoking in all public places. If the county wishes to impose a ban of smoking on County property, then it is within the purview of the County to do so. I support the proposed rule and in particular that use is banned on private sidewalks. I am allergic to cigarette smoke and this rule would benefit not Elizabeth 5009 Monck Court Wilmington NC 28409 only my health, but the health of other members of the public. Redenbaugn I strongly oppose the provisions prohibiting smoking, vaping, a -cigs, etc., in the outdoor areas located on or adjacent to privately owned property William Robinson 8671 Grayson Park or Wilmington NC 28411 that is open to the public (i.e. restaurants, bars, etc.) in 3.1.f. vi, vii, and xiv. The private club exemption allowed in 4.1.g. is an insufficient remedy. Yes, please protect our health by elimating this dangerous aerosol from places I frequent such as restaurants, music venues, parks and sidewalks. Deeanna Hale- 229 Cheyenne Trail Wilmington North Carolina 28409 This policy also helps vapers reduce use and protects their health. Vaping in the time of COVID -19 increases risk of lung injury and spread of the Holland virus. We can't afford to wait for this policy to take effect. Thank you! This is not fair to service or retail businesses that do not use the sidewalks for their business. In a pandamec you would be putting more unwarranted sue Coleman 3510 Shell quarry Wilmington North Carolina 28412 stress on small businesses. I am not a smoker and personally would not mind no public smoking but this is wrong and I will make sure to note who votes in favor and remember thst when I vote. Board of Commissioners - November 16, 2020 ITEM: 14- 3 - 1 Do not put owners of businesses or properties responsible for people outside of their properties and buisnesses, unless they actively serve outside gary coleman /cape 20 Market Street Wilmington North Carolina 28401 door in the case of tables such as the requirements from Downtown Alive or a bar /resturant with approved outside seating medalions. fear spice merchants And this will save lives? Are you going to save lives of alcoholic's, people being murdered by guns. But vaping is most important. How about drug Donna Willetts 3635 Lynn Ave Castle Hayne Nc 28429 addicts selling to kids? Gonna ban that too. As a non - smoker, I appreciate the idea of not sharing my space with smoke and vapor, especially indoors. HOWEVER, I believe smoker's have every Kathy Tylee 1056 S Seabreeze Rd Wilmington Nc 28409 right to smoke and a safe space needs to be provided for that purpose. Where will employees go to smoke during their work day? Where does the person shopping or sight- seeing downtown (or anywhere) go to smoke? Can they step onto a side street (maybe there are some that don't have sidewalks ?) and smoke without the threat of violation? Indoor no smoking and vaping policies great! In public buildings, parks - great! Give the smoker somewhere to go. I have friends who have smoked outside in a parking lot before going in to or after coming out after spending $200+ in our downtown restaurants. What about someone smoking on their beach blanket on the beach? Would they be in violation? No I agree that smoking is a horrible habit, it is an addiction. New Hanover County has employees that smoke and would not be able to utilize breaks Joshua Chambless 7223 Sanctuary Drive Wilmington NC 28411 to smoke. This is unfair to the employee. I have been with New Hanover County for coming up on 15 years and this rule could cause me to leave a career that I have loved. To not be able to smoke on New Hanover county grounds would mean that I would have to leave property and my supervisors would see that as job abandonment and I could be terminated. Please stay with the 50 foot roll from county buildings. I like restricting unhealthy, harmful habits from public places. There is a time & place for everything. Smoking is a personal preference / habit / Esther Murphy 7235 Darden Rd. Wilmington Nc 28411 addiction and has harmful effects. I am terribly allergic to tobacco. Smoking is an imposition on me, and it has killed all my relatives. It makes me ill. #127 1 support the rule that cigarettes should be prohibited in public places. Thank you! Kim Gargiulo Largo Way Kure Beach NC 28449 As a current smoker, I agree with the proposal and feel it should go further to ban smoking / vaping from within 15 feet of any public doorway, public Shelly O'Rourke 213 Forest Hills dr Wilmington Nc 28403 or privately owned. The American Heart Association has published a lot of information on the harmful effects of smoking /vaping. So I am against smoking /vaping in any Dianne Jinwright 1714 Nun Street Wilmington Nc 28403 setting but especially in shared public spaces. support the proposed rule, because it assures that one's personal behaviors do not impose on the Health of others. Mebane Arwood 226 Colonial Dr Wilmington NC 28403 Boyd I believe that no shared public spaces should be used for smoking /vaping, unless as indicated in the summarized proposal an exception was made to Denise Hinds -Zaami 236 Trisail Terrace Wilmington North Carolina 28412 unenclosed designated spaces. I can see that a lot of thought has been given to this already. What I read within the summarized proposal sounds goo, as long as hospitals and places where education and learning take place. Advertisements for smoking and vaping should be banned. The stricter the better. Tobacco in any form continues to cause cancers. Help protect all of us. Edward Adams 122 Mohawk Trl. Wilmington NC 28409 So where exactly are people who do smoke supposed to do so ?? You want to take away a ton of rights from one group of people to give them to Anonymity 5 My street Wilmington NC 28403 another in PUBLIC AIR SPACEM? That's not how rights work and it's pretty disgusting that we are reaching a point where the state and local government feels the need to have such control. How about you do the jobs you're supposed to do and do them right instead of worrying about smoking which has been going on for centuries and is a CHOICE as well as a RIGHT. If you don't want to be around smoke OUTSIDE walk away. So happy the county is taking initiative regarding smoking. I'm for banning smoking tobacco in public -- smoking /second hand smoke is so harmful Channing Broyan 5120 Everette Ct WILMINGTON North Carolina 28412 and unpleasant. It is not fair to expose others who do not wish to be exposed. Thank you! support the proposal for banning the use of tobacco & e- cigarette smoking in public places for the following reasons of minimizing: 1) secondhand Josalin Hunter -Jones 8161 Red Cockaded Wilmington Nc 28411 smoke exposure, 2) access, visibility, and modeling of smoking behaviors for youth, 3) potential evidence of vaping increasing relapse opportunity for Ct, Apt 203 previous tobacco users, and 4) the normalization of smoking for all and in particular, populations at increased risk if smoking is adopted. I do not agree with the tobacco and e- cigarette rule! Amanda Wilmington Wilmington Nc 28411 Board of Commissioners - November 16, 2020 ITEM: 14- 3 - 2 I think the proposed rule is ridiculous! We, cigarette smokers, have been banned everywhere else, don't take the sidewalks away from us too! If Christine Amer! 4913 Indian Trail Wilmington North Carolina 28412 others don't like our smoke, let them move! We've already get treated like second class citizens as it is! The air is free & the sidewalks are PUBLIC! If you want us to pay equal taxes, then let us use the sidewalks equally!!! It Should not be allowed in public Spaces. Causten Stehle 802 N. 4th St. Wilmington NC 28401 Please vote for the revised rule limiting the use of any type of tobacco or smoking products. I am a non - smoker and the CDC says, "There is no risk- Patricia de la Sota 1009 Carolina Beach Carolina Beach NC 28428 free level of secondhand smoke exposure; even brief exposure can be harmful to health." So please protect me. If you make smoking /tobacco use Ave S harder to do in public places, you may nudge someone who, tired of the restrictions, may seek help for the addiction. We must educate our population: Smoking is the leading cause of preventable death. (CDC) Lastly, cigarette trash is prevalent and disgusting. I walk my dog several times a day and see so many cigarette butts. How can we be so disrespectful of our Earth and each other? Please, do the right thing. Smoking on sidewalks should be allowed Sam Cahoon 213 Oak Crest Drive WILMINGTON NC 28403 All smoking on sidewalks and other places where people congregate should be banned. Peter Starr 709 N 4th Street Wilmington NC 28401 I do not support this proposed additional regulation of smoking. The existing regulations are sufficient to protect the public. Expansion of these Barry J. Coyle 309 Smugglers Ct. Wilmington NC 28405 restrictions onto private property is a huge over -reach by government employees who are not elected officials. This proposal, if it moves forward, should only be enacted by a ballot referendum. You have got to be kidding me right? Smoking is already banned indoors. I have no problem with that. You have to give people a place to smoke Terry Whitman 302 Richelieu Rd Wilmington. NC 28412 outside. This is a tobacco state. People need to be able to smoke outdoors preferably I. Designated areas with a receptacle available. If others don't tolerate smoking then just stay away from the smokers. Honestly I am beginning to wonder if the city council members lie in bed at night thinking of ways to harass citizens. This is another example of Sheryle Browne 301 S 6TH ST WILMINGTON NC 28401 -4605 government overreach that the people are no longer going to tolerate. I don't smoke but I do not feel a need to stop others from smoking OUTSIDE. Nobody is going to die from walking past a puff of smoke. If concerned about air quality than focus on industrial and motor vehicle pollution not some poor jerk's Marlboro No smoking or vaping in any public places. Beaches and parks and Downtown sidewalks Kathleen N 21 Wilmington Nc 28405 1 support this rule banning and extending the prohibition of e- cigarettes on sidewalks and public places. John Cargill 3021 Sunnybranch Wilmington NC 28411 Dr. Sidewalks Should not be included. James Travers 814 N 3rd Street Wilmington NC 28401 I'm not a smoker and I believe you should be allowed to smoke on public property if you want. Blake Bakendeil 1106 Sheffield Ct. Wilmington NC 28411 Yes please, ban smoking in as many places as possible. It is very unhealthy and annoying to non smokers like me. Erik R Simes 51 Indian Trail Asheville NC 28803 1 think this proposal is an overreach and excessive. We are talking about outdoor areas, ie, an outdoor environment, which includes sidewalks and 1 Bakowycz 902 Deer Spring Lane Wilmington NC 28409 public locations subsidized by taxpayers who are smokers and non - smokers alike. Perhaps a more reasonable consideration would be to have designated outdoor areas for smokers. Also, to include e- cigarettes... which emit vapor ... in the proposal is beyond extreme. I support regulations for indoor environments, but not what's in this proposal. I am so pleased to see these changes being made to protect the health of New Hanover County citizens. I would like to see beaches added to the Kathryn Jones 714 Sloop Pointe Ln Kure Beach NC 28449 -4924 restrictions. It is awful to come to our beautiful beaches for fresh air, only to have smoke blown in your face as you sit on sand strewn with cigarette butts. I don't understand why we can't have smoke free beaches when we know that cigarettes, cigars etc. are bad or us, our children, the birds, the ocean, everything. adopt the rule Craig Hare 408 Ivy Ln Carolina Beach North Carolina 28428 Board of Commissioners - November 16, 2020 ITEM: 14- 3 - 3 Although I don't like being around smoke or a -cigs, when the government starts telling people what they can do on their private property (sidewalks) Anna Turner 305 Gregory Rd. Wilmington NC 28405 regarding smoking we are on a slippery slope. What else will the government tell us next? In government buildings, and anything else taxpayer owned, I'm all for no smoking rules, of any kind. In private places I can decide to not support a business or facility (shopping center, etc.) if I don't like their rules. Private businesses usually announce their own rules. I use to avoid restaruants that were too smoky. My choice not to support that business. While I don't mind the portion of that rule of no smoking inside a restaurant 1, nonetheless, believe it's the government butting into the affairs of private business. But this new, proposed rule, including private sidewalks and such is way over the top. It's interesting to me that so much emphasis (yes, much of it needed) is on the dangers of smoking and second -hand smoke when maybe we need to spend more time on the dangers of alcohol. While smokers (again, not one of them and don't like being around it) are practically treated as criminals alcohol is pushed and promoted onto everybody. I imagine drinking causes more car wrecks than cigarette smoking. Thanks. do not support this proposal in any way. Far too overreaching. This town has more important issues to focus on. The vast amounts of NEW homeless Michael Hutnik 2135 Market St. Wilmington NC 28403 for example. I Support the revised rule. Deborah J File 420 JOHN S MOSBY WILMINGTON NC. 284127100 DR Please prohibit smoking and vaping on the beaches! Not only is the second hand smoke dangerous for the adults and many children who are there, Debbie Hayden 517 5th Ave S unit B Kure Beach 28449 cigarette butts are the most common type of debris found on our beautiful beaches. Thank you! Will start by saying I am a smoker, but a thoughtful one. I do not smoke where people are, nor where they might be. As such I'm okay with almost JORDAN T GLASNER 2317 Metts Ave Wilmington NC 28403 all of what you're proposing. However, I do believe you cross a line by banning smoking on all sidewalks. Have you been to SF or NY? They ban smoking within x feet of a public entrance. While having to huddle at the edge of the street isn't great, it's a lot less draconian than a blanket ban. I urge you to rethink this part of the new proposal. It unfairly targets smokers like myself who are not bothering anyone. And of I was you, I would classify throwing a cigarette butt on the ground as biolgicial waste and fine offenders as such. Thank you for considering my views and working to make Wilmington a more hospitable place for everyone. I agree with it. Please make it law. It is especially important now that some cities are closing streets to allow outdoor dining. I do not want people Everett Randall 1253 Cross Water Leland NC 28451 walking down the street or sidewalk near my table smoking. Circle PLEASE PLEASE PASS THIS! We and our children should not have to be subjected to the cigarette smoke /vapor of others when there is so much D. Scudella 270 Silver Sloop Way Carolina Beach New Hanover 28428 evidence on how dangerous it is. Among many others, one "side effect" - is death. Not only does cigarette smoking cause a great deal of harm to the smokers and those subjected to their smoke, it sends the wrong message to children who witness it. Even before the pandemic, it was often more enjoyable to dine outside. With the pandemic, it is definitely more safe to dine outside - however, with people allowed to smoke next to you, is it really ?? It certainly is NOT more enjoyable. The cigarette butts one sees on our downtown streets and on area beaches - as well as the "piles of butts" dumped in parking lots is disgusting and also hurting our environment and oceans /waters. Its a great idea to prohibit smoking in public places. I have Copd and my husband gets migraines around tobacco smoke. These vapes also have Virginia S 7201 Haven Way Wilmington NC 28411 fragrance another irritant. Since Covid, dining outside has been a must and it seems wherever we sit, we are surrounded by smokers and Vapers. Kind of ruins the experience. Also on the beach, one should not have to be subjected to smoke blowing our way! Thanks for consodering this proposal Whats next perfume? Peoples perfume and cologne bother me when i pass by and in restaurants. Leave it up to businesses to enforce their own charges godson 2100 bgrchbark ct wilington North Carolina 28411 policies and let the government stay out. I think it is ridiculous to take someones right to do anything outside. This is a step towards losing our freedoms as a society. That's stupid Definitely in the vehicle, you have to right to do so. No one is around on a sidewalk, I think it your right do vapor, or people around and April 110 Oak Hills Drive Rocky Point NC 28457 they don't mind. This is totally biased for those of us that smoke. Why is it that we as adults cannot make our own choices? Carol Miller 302 Hibiscus Way Wilmington NC 28412 1 am certainly in favor of this rule. Good for NHCHHS for trying to keep us all safe. Mimi Caplan 321 West Renovah Wilmington North Carolina 28403 Circle Board of Commissioners - November 16, 2020 ITEM: 14- 3 - 4 Don't you have more important issues to consider ? ?? What about Alcohol, it causes more deaths /police calls /car accidents than all the smokes out Wanda Anderson 3523 Saint Francis Dr Wilmington NC 28409 there. I'm non smoker, but rules sound Authoritarian! I think this is an overreach of the local governments authority. I agree smoking /vaping shouldn't occur in large crowds or obviously inside restaurants Paul revere 5250 market st Wilmington Nc 28412 or buildings. And in large, this is already practiced. This is a waste of time and resources. It is unenforceable and an infringement on peoples right. Your time can be better spent on policies that actually help people instead of finding ways to restrict people further. We have had ENOUGH restrictions from the likes of the governor and local government. This is the land of the free, let's keep it that way! To present this at this time is the ultimate insult to suffering citizens. Get your priorities straight and get some work done. Make lives better instead J Rudd 5 Falls Wilmington NC 28412 of focusing on taking away more freedoms that have already been taken due to CV19. Bad timing and in bad taste. Look we already cant smoke indoors, give us a break. We pay taxes so therefore we should be able to smoke where we want outside. Just because William Hommes 5126 Masonboro Wilmington NC 28409 you dont like it doesnt mean we dont like it either. Harbor dr. would love to see the use prohibited in restaurants beth princiotta 302 holiday hils dr wilmington nc 28409 It's really none of ya f * * * * ** business! Back Gracies Taking Havoc 75658 1 support the revised rule to make public spaces more healthy for all citizens of the county. Austin Balser 615 Tennessee ave Wilmington Nc 28401 Seriously the county is overstepping the line. Keep it like it is. Julia Howey 161 Halyburton Mem wil nc 28412 Pkwy You can't be serious. I don't even smoke, but I can recognize that this is extreme over -reach on your part. How about you try tackling real problems Brandon B. Midtown Wilmington Nc 28401 within the county instead of wasting time with this. You should not be in positions of power if you are going to try and exert this much control over people. am in full support of the revisions. Thank you, Clare Kalina Clare Kalina 7909 flip flop lane Wilmington NC 28409 This is a ridiculous rule, especially for e- cigarettes. They leave no ashes, butts and only emit vapor. Betty 6419 Gammon Ct Wilmington NC 28409 1 disagree with this further change by not allowing smoking on sidewalks in the open air. Social distancing should be more of a guideline than totally Carol M Mueller 416 Camway Drive Wilmington NC 28403 banning it. It seems that enforcing wearing masks in our town to help prevent the spread of Covid -19 should be more a priority. My name is Deborah Leonardis and I live in Wilmington NC. 1100% support this rule banning the use of tobacco and e- cigarettes as outlined in your Deborah Leonardis 3810 River Front Wilmington NC 28412 proposal. I am a 60 year old female and a severe asthmatic. Smoke is my biggest trigger and when exposed to cigarettes my asthma gets exacerbated Place, unit 104 causing me to restrict my movement due to shortness of breath resulting in missing work, increasing meds (including nebulizer use) and when severe enough I am hospitalized. Thank you for thinking of the community. I support you. Please know your efforts to get this new ruling in place is both acknowledged and appreciated. I have been in Wilmington for about a year having moved from St. Louis, MO. So happy to be here and proud of our leadership and all you're doing for so many. Kindest Regards, Deborah Leonardis 3810 River Front Place Unit 104 Wilmington NC 28412 Cell 314 452 1490 1 think it's a long overdue and much needed rule. The'smoke' put out by e- cigarettes is much more invasive than others, and all are bad for our well- Judy shay 1615 Airlie Forest Ct Wilmington NC 28403 being. There are too many rules that have no purpose other than increasing city revenues through enforcement. Please cut this nonsense out. I grew up in a time where public smoking was prohibited anywhere but the marked areas. I agree that is should stay that way throughout for vaping as well what seems weird to me is how are we suppose to enforce sidewalks? I'm not sure if it's against the rules now but there's plenty of those who actively smoke walking down the street especially around the bars of downtown. I am heartened by the extension of guidance to e- cigarette usage in New Hanover County. Board of Commissioners - November 16, 2020 ITEM: 14- 3 - 5 From: Ian Mareadv To: Comments Subject: Absolutely Opposed to Smoking Ban Date: Friday, July 31, 2020 11:25:00 AM Its none of the city's business whetjer people smoke or not, this proposed law is an insane overreach. Best Regards, -Ian Maready Sent from my Whone Board of Commissioners - November 16, 2020 ITEM: 14- 3 - 6 From: Bob Baker To: Comments Subject: Should smoking be allowed on private sidewalks? Date: Wednesday, August 5, 2020 3:00:35 PM Smoking should NOT be allowed on private sidewalks Board of Commissioners - November 16, 2020 ITEM: 14- 3 - 7 From: DIANE WITHROW To: Comments Subject: Smoking Date: Wednesday, August 5, 2020 11:45:28 AM Yes! Please restrict where smoking can be done! Diane Withrow Sent from my iPhone Board of Commissioners - November 16, 2020 ITEM: 14- 3 - 8 From: Donna Moffitt To: Comments Subject: Smoking tobacco products & e- cigarettes needs to be banned in public places Date: Wednesday, August 5, 2020 8:45:38 PM It is proven that second -hand smoke from cigarettes (and probably from e- cigarettes) is a carcinogen that can cause cancer in non - smokers who are subjected to it. Additionally, smoke and discharges from traditional and e- cigarettes can ruin the air and atmosphere for non- smokers. Then there is the ubiquitous cigarette butt litter that looks terrible and pollutes stormwater systems and public beaches. As a freedom- loving patriot, I say protect my rights not to be subjected to the above. Thank you for allowing me to comment. Donna Moffitt, Wilmington Board of Commissioners - November 16, 2020 ITEM: 14- 3 - 9 From: morgannfloydCabaol.com To: Comments subject: Survey: Should smoking be allowed on Private Sidewalks Date: Wednesday, August 5, 2020 4:33:46 PM I think that smoking should not be allowed anywhere in public. Smokers put their cigarette butts on the ground which is nasty. If I had a penny for every butt I see I would be a millionaire. Board of Commissioners - November 16, 2020 ITEM: 14- 3 - 10 From: Norma Lewis To: Comments Subject: Tobacco cig rule Date: Tuesday, July 28, 2020 7:20:58 PM Please I have a right not to be around second hand smoke. . I choose not to smoke to hopefully give me the healthiest chance in life and to model correct choices for the young. I agree with all the restrictions ... yes public smoking not allowed Revised rules I am 100 percent for So appreciate E cigs Ref cigs All smoking Be gone Norma Lewis Sent from my Whone Board of Commissioners - November 16, 2020 ITEM: 14- 3 - 11 From: waschneider13576(abgmail.com To: Comments Subject: Vaping and tobacco ban Date: Thursday, July 30, 2020 11:04:25 AM Please, please, please pass this ban. I live downtown and walk a lot to keep healthy. Unfortunately, I have a severe tobacco allergy that cost me my sense of smell when I was a child. When I pass smokers on the sidewalk, I have to hold my breath so I don't inhale their smoke. It makes me sick (nausea and headache) if I don't. It is hard to avoid these people who stand in the middle of the sidewalk in smoking groups. I am in my 70s and not as agile as I once was. Thank you for your efforts. Wendie Schneider 120 Church St Sent from Mail for Windows 10 Board of Commissioners - November 16, 2020 ITEM: 14- 3 - 12 Please share your comment about the proposed tobacco & e- cigarette rule. Please provide your name and address so that your comment may be added to the public record. Open -Ended Response Name Address City /Town State /Province ZIP /Postal Cc Banning smoking and vaping in public places protects nonsmokers from dangerous Allison Parker 4124 Breezewood Dr Wilmington NC 28412 fumes and the nuisance of smoke and vapor. However, banning smoking and vaping at all entertainment venues, restaurants, and bars where patrons enjoy tobacco and ecigarettes on a patio or other outdoor designated area infringes on the freedoms of patrons and those businesses owners. Further, such bans are not enforceable. There is no pratical way to police all bars, restaurants, and entertainment venues for tobacco use outdoors in addition to the current law that bans the same activity indoors. Further, Business owners should have the discretion to ban activities such as smoking from their outdoor areas, not the government. Smoking of all varieties needs to be banned everywhere. It is a disgusting habit with Nasar Siddiqi 1308 Porches Drive Wilmington NC 28409 ZERO benefits only harm. It makes everything look cheap and dumpy and everyone litters with the butts. Smoking is so 1990s, bring Wilmington out of the past. This is long overdue. We moved here from Ohio and were appalled to find smokers in Roger Johnson 124 Walnut Street Apt 605 Wilmington North Carolina 28401 bars and within every restaurant patio. I ask that you please add back "sidewalks" for clarity, and expand this reference to include public boardwalks. I live downtown and use the Riverwalk for exercise along with many other local residents. It is extremely frustrating to have inconsiderate people smoking and forcing us to breathe their second- hand smoke when we are breathing more deeply than at any other time of day. Thank you very much for this rule change. I am strongly opposed to this revision. Our sidewalks should be smoke free, and our Amy Pierce 3508 Kyle Court Wilmington NC 28409 children don't need to see smoking of any kind, e- cigarettes included, as normalized. Please do not allow smoking areas to expand downtown. I am a resident who walks my Jeanne Lori Birdsong 206 Orange St Wilmington NC 28401 children and dogs on the sidewalks. I don't want to have to walk through smoky sidewalks just to pick up my order of food. Especially with Covid going on and so many people outside eating and socializing- it is more important than ever to keep it smoke - free. Thank you for your time and your civil service! Section III, F governs places where the public is invited, not compelled to be. Citizens Andrew SchildwArIchter I do not wish to add my Wilmington NC 28411 should be free to patronize establishments which do or do not offer smoking. Selectively street address legislating "healthy lifestyle messages," while encouraged by state statute, is contrary to the idea of a free society. Board of Commissioners - November 16, 2020 ITEM: 14- 4 - 1 Smoking should remain banned on all sidewalks. The federal government has Abigail Keenan 7218 Algoa Bay Ln Wilmington nc 28409 determined that there is no safe amount of second -hand smoke. People with sensitivities such as asthma use these sidewalks; children play on them; sidewalks are used for fitness purposes. There is no constitutional right to smoke. Protecting the public from second- hand smoke must be prioritized. Please do not remove sidewalks!? I walk to and from work, my kids to school on City Sara 116 South 5th Avenue Wilmington NC 28401 Sidewalks and it is disgusting; I cannot walk downtown without walking through clouds of smoke that is the pedestrian zone and if you remove this it will remain a smoke filled environmetn since people cannot smoke inside. Do we live in a communist contry? Thats what this sounds like. Reading this rule is like Richard Pinnero 2422 Freeman lane Little Russia Nc 28451 watching an old movie of communist Russia! What a joke. Where do these people get this crap. As a free American I should be able to smome anywhere out doors that I prefer. I agree with not tossing ciggarete butts on the ground but your talking about taking my God given rights away. Whats next dress codes, curfews ect. I disagree with the revisions. Removing the statements in Section 5 that allow a violator Amy Long 236 Brightwood Road Wilmington NC 28409 to be removed from public places takes all power out of the 'rule'. Lessening the 28409 language throughout from 'shall' to 'may' is doing the same. There is no power to the rule with these amendments. It would appear that someone with a vested interest in the tobacco or vaping business created these amendments. Further lessening the definition of'public space' by removing 'streets' further exemplifies the author's intent to strip the rule of all power. Who is suggesting these changes? Why are County Commissioners considering a weakened rule when it is repeatedly stated that minors emulate adults and at -risk citizens are put in harms way by these activities? We live in NHC and support the proposed a cigarette revised /updated rule. Thanks, James and Clare Kalina 7909 flip flop lane Wilmington N 28409 James and Clare Kalina Board of Commissioners - November 16, 2020 ITEM: 14- 4 - 2 From: Patrick Bailey To: Comments Subject: Fw: tobacco /nicotine device ban Date: Wednesday, October 7, 2020 3:54:12 PM Sent from Yahoo Mail on Android - - - -- Forwarded Message - - - -- From: "Patrick Bailey" <patrickredbailey @yahoo.com> To: "comments @nhc.gov" <comments @nhc.gov> Sent: Wed, Oct 7, 2020 at 3:28 PM Subject: tobacco /nicotine device ban I completely understand the reasoning behind banning smoking in establishments such as bars and restaurants. People should not have to deal with other people's smoke invading their space. However banning smoking in outdoor places such as parking lots and sidewalks, is government over reach. Smoking may not be healthy or morally correct however people should have the right to smoke outside of buildings. I understand that certain outdoor situations such as dining or the bleachers at a ballgame should not allow smoking. It's time for government to take a step back and analyze the situation. Don't jump on the bandwagon of banning such activities just because that is what your friends are doing (other municipalities). I also want you to think of precident that this is setting, right now smoking /vaping. The next thing that is banned, may be something that you enjoy doing. Think of the resources that this ban will take away from. If the police are busy chasing down smokers then they might not be able to make it a timely manner to an emergency call. Think for a second about the people who still smoke. These people have less income and are often minorities. When the video surfaces of the police tazzing someone who wouldn't comply with your order to quit smoking cigarettes in a parking lot somewhere then you will wish that you had not over stepped your authority. I see where you have already back tracked on banning smoking on sidewalks. (Maybe it's because your lawyer told you that it was unconstitutional) I digress. Please consider those tax payers that suffer from a nicotine addiction. This ban won't help anyone quit smoking /vaping . Please imagine if you were the person that this ban would effect. I don't know of any non smokers that feel as if there is a problem that persist in NHC in regards to vaping or smoking impeding on the non smokers peace. Sincerely, Patrick Bailey Sent from Yahoo Mail on Android Board of Commissioners - November 16, 2020 ITEM: 14- 4 - 3 From: T H To: Comments Subject: Smoking law. Date: Wednesday, October 7, 2020 8:11:54 PM What is the world coming to!? Are we in America? Now you want to tell us when and where we can smoke? Including private walkways? Next you will say I can't smoke in my car or house or porch. Why can't bars /restaurants decide for themselves? People make choices if they do not want to be around it do not go to those places. Who are you people to make such decisions? Be careful of the rights you take away from people thinking you are doing the right thing. Eventually, some of your rights maybe revoked. I will be paying closer attention to what is happening. Interesting you decide this when we are in the middle of pandemic and people are not focused on anything else. I suppose you figured you would slide this through. Shame on you. Sincerely, Tracy Haislip Sent from my iPhone Board of Commissioners - November 16, 2020 ITEM: 14- 4 - 4 From: Kathryn Findlen To: Comments Subject: Smoking on sidewalks comment Date: Thursday, October 8, 2020 5:29:40 PM Please keep the air on sidewalks clean for all. Allowing smoking in public places poses a danger to those in the vicinity who do not choose to smoke in addition to present dangers for children, sufferers of asthma, COPD, Covid- 19 survivors and more. Clean air for Wilmington please- even on sidewalks. Kathryn Findlen 121 S. 2nd St. 28401 512 -560 -5406 Board of Commissioners - November 16, 2020 ITEM: 14- 4 - 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Regular Health and Phillip Tarte, Health Director; David Howard, Assistant Health DEPARTMENT: Human PRESENTER(S): Director and Tonya Jackson, Assistant Social Services Director Services CONTACT(S): Tufanna Bradley, Assistant County Manager SUBJECT: COVID -19 Update BRIEF SUMMARY: Since before our first reported case of COVID -19 in New Hanover County, county departments and staff have provided support to our community by sharing information and resources to take precautions, get tested, and recover from the pandemic. Seven months later, New Hanover County continues to provide the necessary pandemic support during this unprecedented time. Staff from Health and Human Services will provide a COVI D -19 update to include: • The state of the disease in New Hanover County • Health and Human Services support of NHCS and UNCW • Vaccine Planning • The status of the Housing and Childcare Assistance Programs RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners - November 16, 2020 ITEM: 15 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Regular DEPARTMENT: Recovery & Resilience PRESENTER(S): Beth Schrader, Recovery & Resilience Director CONTACT(S): Beth Schrader and Sheryl Kelly, Assistant County Manager SUBJECT: Update on Hurricane Florence Housing Recovery and Request for Approval for New Resilience Projects BRIEF SUMMARY: Staff will provide an update on several ongoing recovery projects, as well as present on new funding opportunities for recovery and resilience initiatives. • Disaster Recovery Act (DRA) Housing Grant Program and Hazard Mitigation Grant Program (HMGP) Accelerated Buy Outs. Staff will present on the status of these Hurricane Florence recovery projects as of Nov. 16, 2020. • North Carolina Office of Recovery and Resilience ( NCORR) Strategic Buyout Program. NCORR has allocated the majority of the State's Hurricane Florence Community Development Block Grant (CDBG) Mitigation Funds towards a Strategic Buyout Program. The State independently identified areas that met their criteria. However, counties also have the option to designate additional areas to participate in this 100% voluntary program. Staff is recommending, and requesting Board approval, to include several small strategic areas as part of the Strategic Buyout Program. • FEMA — Building Resilient Infrastructure and Communities (BRIC) Program. For the inaugural year of this grant program, each state /territory has been allocated up to $600,000 and, additionally, $446.4 million has been allocated to the national competition. North Carolina requested letters of interest (1-01) for potential projects, and convened a technical review panel to screen and select the projects that stood the best chance of success. All three of the county's proposed projects were selected, and the county has been invited to apply to the national competition. Staff is requesting approval to submit formal applications to the state by December 18th. Notification of awards will occur on June 30, 2021. 1 ) Enhancing Community Resilience and Energy Security - In looking at power outage and restoration data from Hurricane Florence and other recent storms, there are certain parts of the community that experience extended delays in power restoration. In collaboration with the NC DEQ, US Department of Energy, UNC- Charlotte EPIC Center, Duke Energy and affected communities, this project will identify and ensure access to core community services and lifelines such as pharmacies and grocery stores in the wake of storm events. 2 ) Enhancing Storm Water and Flooding Resiliency for Prince George Creek Watershed Using Green, Traditional, and Hybrid Infrastructure Elements — To reduce flooding risk, address storm water capacity issues, and water quality, this project will identify green (nature- based) and grey (engineered) projects that will enhance performance of the watershed system as a whole and provide additional capacity. The key deliverable will be designed /engineered and shovel -ready green and grey solutions. This will allow the county to better seek additional funding, communicate, collaborate, and plan project implementation. The project team includes Engineering, the Soil and Water Conservation Board of Commissioners - November 16, 2020 ITEM: 16 District, Parks and Gardens, Cooperative Extension, Planning, and Recovery & Resilience, and will invite key non -profit partners to participate as well. 3 ) Enhancing Storm Water and Flooding Resiliency for Smith Creek Watershed Using Green, Traditional, and Hybrid Infrastructure Elements —This project is identical to the Prince George Creek Watershed project, but applied to the Smith Creek watershed. Like the project above, this will result in a holistic portfolio of designed and engineered projects creating a shared and coordinated programmatic plan. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation, approve recommended areas for inclusion in voluntary Strategic Buyout program, and approve submission of BRIC applications. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Heard presentation and approved 5 -0. Board of Commissioners - November 16, 2020 ITEM: 16 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Regular DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher and Martha Wayne, Deputy Chief Financial Officer SUBJECT: Fiscal Year 2021 First Quarter Financial Results BRIEF SUMMARY: On a quarterly basis, county staff updates the Board of County Commissioners on the financial status of the county. The first quarter of 2021 will be presented, which includes financial activity from July 1, 2020 through September 30, 2020. As an overview, the county's General Fund has received $40.3 million, or 12.6% of budgeted revenues and has expended $66.7 million, or 22.0% of budgeted expenditures. The Debt Service Fund has received $4.8 million (10.5 %) of budgeted revenues and has expended $19.1 million (30.6 %) of budgeted expenditures. The Fire Services and Environmental Management Funds have received $1.7 million (10.0 %) and $3.4 million (11.8 %) of budgeted revenues and spent $4.5 million (27.0 %) and $4.3 million (14.7 %) of budgeted expenditures, respectively. Further details can be found in the attached executive summary. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear the presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners - November 16, 2020 ITEM: 17 NEW HANOVER COUNTY FINANCIAL SUMMARY QUARTER ENDED SEPTEMBER 30, 2020 INTRODUCTION: Attached is a brief fiscal summary for select New Hanover County funds for the quarter ended September 30, 2020. Included is a summary of revenues and expenditures as recorded by the County for the General, Debt Service, Environmental Management, and Fire Services Funds. This information is provided to help keep you abreast of the financial status of the County on a regular basis throughout the fiscal year. Data provided by fund includes: • Actual revenues and expenditures for the previous fiscal year ended June 30, 2020 and June 30, 2019; • Budget revenues and expenditures for the current fiscal year ending June 30, 2021; • Actual revenues and expenditures as of the end of the quarter for select fiscal years; • Percentage of actual revenues /expenditures received /spent for the same period the previous fiscal years; • Percentage of budget revenues /expenditures received /spent for the current fiscal year; and • Graphical comparison of actual amounts as a percent of budget for all fiscal years presented. GENERAL FUND HIGHLIGHTS: As the chart highlights, many revenues are not received, nor expenses paid, evenly throughout the year. • A large majority of ad valorem taxes are received in December and January, as property taxes are not considered late and subject to interest until after January 5, 2021. Ad valorem tax collections through quarter one are approximately 14.9% of budgeted amounts which exceeds prior year. • Sales taxes are received from the State two and one half months following the month in which they are collected by the vendors across North Carolina. Thus, no sales tax has been received through the first quarter. • Other Taxes exceed prior year collections in both the dollar and in the percentage of collection through the first quarter. This is primarily due to real property transfer taxes being higher than anticipated. • Intergovernmental revenues are higher than prior year in collection percentage due to the receipt of CARES funding. • Operating expenditures in County functions are in line with expectations through the first quarter running from 18.5% to 25% of annual budgeted amount with the exception of expenditures for Hurricanes and Economic & Physical Development which are not distributed evenly by month. Rather, expenditures are paid when due. ENVIRONMENTAL MANAGEMENT FUND HIGHLIGHTS: As with the General Fund, many revenues and expenses do not fall evenly throughout the year for Environmental Management. • Charges for Services is consistent with prior year at $3.4 million collected through the first quarter. This equates to 17.3% of the budgeted charges for services compared to prior year at 18.3% of total annual charges for services. • Operating expenditures are consistent with prior year while hurricane expenses, debt service and capital expenses occur when related capital assets are needed and payments are due. FIRE SERVICES FUND HIGHLIGHTS: Again, as with the General Fund, many revenues and expenses do not fall evenly throughout the year for Fire Services: • The bulk of ad valorem taxes are received in December and January, as property taxes are not considered late and subject to interest until after January 5, 2021. Collections are higher than prior year at $1.7 million through quarter one which represents 15.4% of budgeted ad valorem revenue. • Sales taxes are received from the State two and one half months following the month in which they are collected by the vendors across North Carolina. Thus, no sales tax has been received through the first quarter. • Operating expenses are slightly lower than prior year at $1.7M, or 45.9% of budgeted expenses, and salaries are consistent with previous year's expenditures as a percent of budget. • Debt service and capital expenses occur when related capital assets are needed and payments are due. DEBT SERVICE FUND HIGHLIGHTS: • As with the general and fire services fund, the bulk of ad valorem taxes are received in December and January, as property taxes are not considered late and subject to interest until after January 5, 2021. Collections through the first quarter generated by the 6.47 cent dedicated tax rate was approximately $3.5 million, which is higher than prior year collections. • Debt service is paid from this fund when those payments come due. Board of Commissioners - November 16, 2020 ITEM: 17- 1 - 1 NEW HANOVER COUNTY Financial Summary Quarter Ended September 30, 2020 GENERAL FUND VFD %to YTD %to YTD %to YTD %to YTD %to YTD %to Actual Actual Actual YTD % to Actual Actual YTD %to Budget Actual YTD %t. Collected Actual Actual Actual Actual Actual Actual Budget Actual Budget Revenues FY18 -19 9 -30 -2018 Collected H19 -20 9 -30 -2019 Collected FY20 -21 9 -30 -2020 Collected Revenues 22,342,017 2,161,223 9.7% 22,653,539 2,717,289 12.0% 23,142,931 3,482,707 15.0% Ad Valorem Taxes 170,067,117 16,594,061 9.8% 171,881,187 20,708,556 12.0% 177,017,949 26,411,484 14.9% Sales Taxes 62,232,352 - 0.0% 61,791,425 - 0.0% 64,529,583 - 0.0% Other Taxes 4,762,318 1,010,286 21.2% 5891 1,499,576 295% 4732,834 1,634,37 34.5% Cha rges for Service 11,878,928 2,063,473 17.4% 2,090314 2734784 22.3% 12,73587 219786 22.1% Intergovernmental Revenue 44,923,524 4,942,660 11.0% 52,078,166 5,143,525 9.9% 48,886,127 9,302,246 19.0% Other Revenues 4,249,002 116,6]0 2.7% 3,843,158 100,336 2.6% 2,063,154 720,359 5.8% Long Term Debt Issued 3,177,967 - 0.0% 4,958,083 - 0.0% 1,780,482 - 0.0% Appropriated Fund Balance - - - - - - 8,153,850 - 0.0% Total General Fund Revenues 301,291,208 24,727,150 8.2% 311,880,624 30,186,777 9.7% 319,899,836 40,288,248 12.6% DEBT SERVICE FUND ESSl]II .Cdf8.17=11 SD% 10.0% 1S.0% 20.0% 25.0% 30.0% �FV21 Our 1 %10 Budget •FY20 Qtr 1 %cis Actual •FY19 Go, 1 %to Actual ar %of Vear Expenditures General Government uman ery H S Public at tyces Public Safety - Hurricane Florence &Dorian Economic and Physical Development Culture and Recreation Education - Community College Transfers Out: Education - Public Schools Hurricane Florence Other Total General Fund Expenditures Expenditures Debt Service Board of Commissioners - November 16, 2020 ITEM: 17- 2 - 1 VFD %to YTD %to YTD %to YTD %to YTD %to YTD %to Actual Actual Actual Actual Actual Actual Actual Budget Actual Budget Collected FY1B -19 9 -30 -2018 Collected FY19 -20 9 -30 -2019 Collected H20-21 9 -30 -2020 Collected Revenues 8,701,029 18.5% 49,095,900 10,067,632 20.5% 51,412,360 10,224,775 19.9% 53,973,512 Ad Valorem Taxes 22,342,017 2,161,223 9.7% 22,653,539 2,717,289 12.0% 23,142,931 3,482,707 15.0% Sales Taxes 14,407,266 - - 14,290,926 - 0.0% 15,388,589 - 0.0% Imarg- micenta l Revenue 3,952,257 343,483 8.7% 3,846,628 1,197,563 31.1% 6,684,754 1,327,791 39.9% Investment Earnings 9,349 142 1.5% 12,935 211 1.6% - 195 - TransferinfromOtherFunds - - - 229,540 - 0.0% - - - Appropriated Fund Balance 19,584,568 23.7% - 20,373,988 24.5% 81,680,514 500,000 24.7% 0.0% Total Debt Service Fund Revenues 40,710,889 2,504;848 61% 41,033,568 3,915,063 9.5% 45,716,274 4,810,693 10.5% COMBINED GENERAL FUND AND DEBT SERVICE FUND 2,133,476 0.0% 273,000 0.0% 295,730,297 57,690,234 Total Revenues 342,002,097 27,231,998 8.0% 352,914,192 34,101,840 9.7% 365,616,110 45,098,941 12.3% ESSl]II .Cdf8.17=11 SD% 10.0% 1S.0% 20.0% 25.0% 30.0% �FV21 Our 1 %10 Budget •FY20 Qtr 1 %cis Actual •FY19 Go, 1 %to Actual ar %of Vear Expenditures General Government uman ery H S Public at tyces Public Safety - Hurricane Florence &Dorian Economic and Physical Development Culture and Recreation Education - Community College Transfers Out: Education - Public Schools Hurricane Florence Other Total General Fund Expenditures Expenditures Debt Service Board of Commissioners - November 16, 2020 ITEM: 17- 2 - 1 YTD %to YTD %to YTD %to Actual Actual Actual Actual Actual Actual Budget Actual Budget FY18 -19 9 -30 -2018 Collected H19 -20 9 -30 -2019 Collected FY20 -21 9 -30 -2020 Collected 53,741,289 16,884,371 31.4% 59,346,621 20,807,690 35.1% 62,382,492 19,096,053 30.6% Total Debt Service Fund Expenditures 53,741,289 16,884,371 31.4% 59,346,621 20,807,690 35.1% 62,382,492 19,096,053 Total Expenditures 349,471,586 74,57005 21.3% 347,822,939 83,587,168 24.0% 365,616,110 85,769,673 23.5% 24.0% Combined GF Expenditures 21.3% 25.0% 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% �FY21 Our 1 %10 Budget YFY20 Qtr 1 %to Actual aI F119 Qtr 1 %to Actual O % of Year VFD %to YTD %to YTD %to Actual Actual Actual Actual Actual Actual Budget Actual Budget FY18 -19 9 -30 -2018 Collected FY19 -20 9 -30 -2019 Collected FY20 -21 9 -30 -2020 Collected 44,044,846 7,707,125 17.5% 46,912,109 8,701,029 18.5% 49,095,900 10,067,632 20.5% 51,412,360 10,224,775 19.9% 53,973,512 11,039,807 20.5% 60,925,010 11,970,419 19.6% 65,650,729 14,538,253 22.1% 14,918,454 16,204,871 21.6% 84,446,415 17,829,267 21.1% 8,113,229 20,560 0.3% 1,213,157 705,324 58.1% 284,181 19,692 6.9% 1,789,784 192,698 10.8% 2,507,618 409,075 16.3% 1,578,011 1,307,555 82.9% 13,085,516 2,708,505 20.7% 12,384,300 2,588,572 20.9% 14,127,343 2,618,501 18.5% 10,852,593 2,713,150 25.0% 11,027,248 2,756,812 25.0% 10,823,244 2,705,611 25.0% 82,521,692 19,584,568 23.7% 83,281,444 20,373,988 24.5% 81,680,514 20,154,743 24.7% 14,750,794 - 0.0% 125,000 - 0.0% - - - 3,508,754 0.0% 2,133,476 0.0% 273,000 0.0% 295,730,297 57,690,234 19.5% 288,476,318 62,779,478 21.8% 303,233,618 66,673,620 22.0% YTD %to YTD %to YTD %to Actual Actual Actual Actual Actual Actual Budget Actual Budget FY18 -19 9 -30 -2018 Collected H19 -20 9 -30 -2019 Collected FY20 -21 9 -30 -2020 Collected 53,741,289 16,884,371 31.4% 59,346,621 20,807,690 35.1% 62,382,492 19,096,053 30.6% Total Debt Service Fund Expenditures 53,741,289 16,884,371 31.4% 59,346,621 20,807,690 35.1% 62,382,492 19,096,053 Total Expenditures 349,471,586 74,57005 21.3% 347,822,939 83,587,168 24.0% 365,616,110 85,769,673 23.5% 24.0% Combined GF Expenditures 21.3% 25.0% 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% �FY21 Our 1 %10 Budget YFY20 Qtr 1 %to Actual aI F119 Qtr 1 %to Actual O % of Year NEW HANOVER COUNTY Financial Summary Quarter Ended September 30, 2020.- ENVIRONMENTAL MANAGEMENT OPERATING FUND Revenues Over Expenditures (5,252,911) 1,026,381 3,768,920 1,155,562 1850,300 FIRE SERVICES FUND YTD %to YTD %to YTD %to Actual Actual Actual Actual Actual Actual Budget Actual Budget FY18 -19 9 -30 -2018 Collected H19 -20 9 -30 -2019 Collected FY20 -21 9 -30 -2020 Collected Revenues FY18 -19 9- 302018 Collected FY19 -20 9 -30 -2019 Collected FY20 -21 9 -30 -2020 Collected Charges for Service 19,021,647 2,703,001 14.2% 18,172,234 3,332,767 18.3% 19,421,649 3,356,089 17.3% Intergovernmental Revenue 552,533 - 0.0% 3,640,980 - 0.0% 435,000 - 0.0% Intergovernmental Rev -Fed Grant Florence 17,850,793 1,362 0.0% - 32,966 - 4,000,000 1,625,436 40.6% Other 745,475 60,096 8.1% 655,019 75,366 11.5% 585,000 81,407 13.9% Long Term Debt Issued - - - 809,704 - - - - - Transfersln- Hurricane Florence 14,750,794 - 0.0% 125,000 - 0.0% - - - Appropriated Fund Balance 11,411,944 - - 8,050,000 - - 8,717,809 - 0.0% Total Revenues 35,070,449 2,763,097 7.9% 23,402,937 3,408,133 14.6% 29,159,458 3,437,496 11.8% Revenues Over Expenditures (5,252,911) 1,026,381 3,768,920 1,155,562 1850,300 FIRE SERVICES FUND YTD %to YTD %to YTD %to Actual Actual Actual Actual Actual Actual Budget Actual Budget FY18 -19 9- 302018 Collected FY19 -20 9 -30 -2019 Collected FY20 -21 9 -30 -2020 Collected Expenditures FY18 -19 9- 302018 Collected FY19 -20 9 -30 -2019 Collected FY20 -21 9 -30 -2020 Collected Salaries and Benefits 2,490,123 450,982 18.1% 2,716,153 502,134 18.5% 2,725,362 512,98] 18.8% Operating Expenditures 6,856,184 1,168,792 17.0% 6,875,066 1,511,528 22.0% 8,652,285 1,876,60] 21.7% Operating Exps- Hurricanes 17,850,793 1,362 0.0% - 32,966 - 4,000,000 1,625,436 40.6% Debt Service 61,352 - 0.0% 65,542 - 0.0% 156,858 13,951 8.9% Capital Expenditures 1,652,964 115,580 7.0% 1,927,256 205,943 10.7% 1,683,142 258,815 15.4% Transfers: 106,195 1,056 1.0% 97,236 190 0.2% 35,000 432 1.2% To Capital Projects 11,411,944 - 0.0% 8,050,000 - 0.0% 10,140,000 - 0.0% Administrative Reserve - - - - - - 1,801,811 - 0.0% Total Expenditures 40,323,360 1,736,716 43% 19,634,017 2,252,571 11.5% 29,159,458 4,287,796 14.7% Revenues Over Expenditures (5,252,911) 1,026,381 3,768,920 1,155,562 1850,300 FIRE SERVICES FUND YTD %to WD %to WD %to Actual Actual Actual Actual Actual Actual Budget Actual Budget FY18 -19 9- 302018 Collected FY19 -20 9 -30 -2019 Collected FY20 -21 9 -30 -2020 Collected Revenues Ad Valorem Taxes 10,424,345 1,007,364 9.7% 10,821,348 1,214,030 11.2% 10,870,655 1,674,934 15.4% Sales Taxes 3,285,962 - 0.0% 3,326,614 - 0.0% 3,600,539 - 0.0% Intergovernmental Revenue - - - 77,218 - 0.0% 129,798 430 0.3% Charges for Servlces 64,689 13,102 20.3% 17,387 (220) -1.3% 69,198 6,890 10.0% Other 106,195 1,056 1.0% 97,236 190 0.2% 35,000 432 1.2% Long Term Debt Issued 587,507 - 0.0% 664,005 - 0.0% 656,569 - 0.0% Transfers In- Hurricane Florence - - - - - - - - - Transfersln - General Fund 1,146,381 - 0.0% 1,576,682 - 0.0% 835,246 - 0.0% Appropriated Fund Balance - - 617,348 0.0% Total Revenues 15,615,079 1,021,522 6.5% 16,580,490 1,214,000 7.3% 16,814,353 1,682,686 100% YTD %to YTD %to YTD %to Actual Actual Actual Actual Actual Actual Budget Actual Budget FY18 -19 9- 302018 Collected FY19 -20 9 -30 -2019 Collected FY20 -21 9 -30 -2020 Collected Expenditures Salaries and Benefits 9,413,503 1,818,837 19.3% 9,996,259 1,907,733 19.1% 10,224,645 1,885,089 Operating Expenditures 2,906,282 1,531,274 52.7% 3,326,112 1,953,949 58.7% 3,810,794 1,749,435 45.9% Operating Expenditures- Hurricane Florence 122,000 - - 53,536 - 0.0% - - - DebtService 1,355,603 261,286 19.3% 1,473,059 255,222 17.3% 1,529,170 260,599 17.0% Capital Expenditures 855,637 610,614 71.4% 1,347,629 1,018,744 75.6% 949,744 652,398 68.7% Transfers. To General Fund 250,925 - - - - - - - - To Capital Projects - - 300,000 - Total Expenditures 14,903,950 4,222,011 28.3% 16,196,595 5,135,648 31.7% 16,814,353 4,547,521 27.0% Revenues Over (Under) Expenditures 711,129 (31200,489) 383,895 (3,921,648) 12,864,835) Board of Commissioners - November 16, 2020 ITEM: 17- 2 - 2 27.0% Fire Services Expenditures 28. % 5.0% Fire Services Revenues ;;71: 25.0% 5.0% 10.0% 15.0% 20.0% 25A% 30.0% 35.0% o FY2101r 1 %to Budget wFY2041r 1 %to Actual •FY19 Car 1 %to Actual • %of Year NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Regular DEPARTMENT: Planning PRESENTER(S): Brad Rosov, M.Sc. Senior Marine Biologist /Project Manager: Coastal Protection Engineering of North Carolina CONTACT(S): Rebekah Roth, Interim Planning & Land Use Director and Dylan McDonnell, Long Range Planner SUBJECT: Presentation: New Hanover County Water Quality Monitoring Program - 2019 -2020 Final Report BRIEF SUMMARY: Coastal Protection Engineering of North Carolina, Inc. (CPE -NC) began monitoring seven tidal creeks within New Hanover County on a monthly basis in November 2007. The creeks included in this study are Pages and Futch Creeks, which drain into the Atlantic Intracoastal Waterway (ICW), and Lords, Mott, Barnards, Smith, and Prince George Creeks, which drain into the Cape Fear River. In addition to the continued sampling from the seven tidal creeks, three sampling sites from within Airlie Gardens were included beginning with the 2015 -2016 sampling efforts. The information included in the annual report focuses on the results of the monitoring period that took place from July 2019 through June 2020. Long term trends have also been assessed using data obtained since 2007. The purpose of this presentation is for CPE -NC staff to present data from the FY 2019 -2020 monitoring program and trends from past monitoring years. In general, the dissolved oxygen levels within each creek have not changed notably from year to year and continue to be non - problematic, though dissolved oxygen levels within Prince George Creek have been consistently low, which may be attributed to the natural slow moving water of the creek. Turbidity and chlorophyll -a were also not problematic in any creeks. There were several improvements from last year to this year in terms of Entertococci bacteria. Barnards and Lords Creeks improved while the others remained the same. The level of bacteria for the year for Pages Creek improved as well; however, levels still remain high at the Bayshore boat ramp and at the mid -creek sampling site. In a past sampling period, staff from the Planning and Health departments partnered with the Cape Fear Public Utility Authority to investigate the high levels of Enterococci bacteria in this watershed at the Bayshore boat ramp sampling site. The investigation of septic and sewer infrastructure turned out to be inconclusive as no source for the bacteria could be found. In an effort to determine the source of the bacteria, the county will be partnering with CPE -NC and the University of North Carolina Wilmington (UNCW) on a research project in the winter of 2020/2021. An unmanned aerial vehicle (UAV) will be equipped with thermal infrared sensors and flown along targeted segments within the watershed to identify temperature differences between the surface water of the creek and surrounding areas, which can indicate the presence of any contamination entering the creek. Once potential point source targets are located, ground truthing efforts will be developed to investigate further. The full report is available in the link below. https: / /planning.nhcgov.com /long- range - planning /natural- resources/ Board of Commissioners - November 16, 2020 ITEM: 18 RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear presentation. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear presentation. COMMISSIONERS' ACTIONS: Heard presentation. Board of Commissioners - November 16, 2020 ITEM: 18 NEW HANOVER COUNTY WATER QUALITY MONITORING PROGRAM 2019 -2020 FINAL REPORT Prepared by: Coastal Protection Engineering of North Carolina, Inc. 7rp OASIAL PRD7ECT10N I N G I H E E R I N G -M Marine Scientist: Brad Rosov, M. Sc. Prepared For: New Hanover County, North Carolina ¢Z' n Z C �T9 -5 H,� Recommended Citation: Rosov, B., 2020. New Hanover County Water Quality Monitoring Program: 2019 -2020 Final Report. New Hanover County, North Carolina: Coastal Protection Engineering of North Carolina, Inc. 54p. October2020 Board of Commissioners - November 16, 2020 ITEM,0F -F -NC EXECUTIVE SUMMARY This report represents the results of the New Hanover County Water Quality Monitoring Program from July 2019 to June 2020. Nineteen (19) monitoring stations within seven (7) tidal creeks in New Hanover County were monitored on a monthly basis for physical, chemical, and biological parameters of water quality. The results presented in this report are described from a watershed perspective. In order to provide a quick - glance assessment of the water quality within a particular sampling station and watershed, a rating system has been established for a number of parameters. This quantitative system assigns a rating of "Good", "Fair ", or "Poor" to a sampling station depending on the percentage of samples exceeding the State standard for dissolved oxygen, turbidity, chlorophyll -a, and Enterococci bacteria. If the recorded value of a parameter exceeds the State standard less than 10% of the times sampled, the station will receive a "Good" rating for the parameter. A "Fair" rating is assigned when a parameter exceeds the State standard 11 -25% of the times sampled. Parameters measured that exceed the State standard more than 25% of the sampling times are given a "Poor" rating. As displayed in the table below, turbidity and chlorophyll -a were determined to be "Good" within all watersheds throughout the study period. Dissolved oxygen was deemed to be "Good" in four (4) creeks, "Fair" ratings were determined at Futch Creek and Pages Creek, and a 'Poor" rating was reached at Prince George Creek during the study period. Enterococci was "Good" within five (5) of these watersheds: Barnards Creek, Futch Creek, Lords Creek, Prince George Creek, and Smith Creek. Mott Creek and Pages Creek were deemed "Fair" for Enterococci. Ratings by watershed during the 2019 -2020 renorting nerind. Long Term Trends During the 2019 -2020 study period, water quality within each creek has remained similar to what has been observed over previous years. One exception, however, has been an improvement with the Enterococci levels compared to recent years. Using data collected on a monthly basis since June 2008, the long -term trends of select water quality monitoring parameters were assessed in this report as well. In general, dissolved oxygen, turbidity, and chlorophyll -a levels oscillate on a seasonal basis. Water quality, as it relates to these parameters, generally decreases during the warmer months when the water temperatures increase. However, during the cooler months when the water temperature drops, these parameters improve. Generally speaking, the dissolved oxygen levels within each creek have not changed drastically from year to year. Dissolved oxygen within Prince George Creek has been consistently low over Board of Commissionersl- November 16, 2020 ITEM.OPLU -}U Barnards Futch Lords Mott Pages Prince Smith Parameter George Creek Creek Creek Creek Creek Creek Creek Turbidity GOOD GOOD GOOD GOOD GOOD GOOD GOOD Dissolved Oxygen GOOD GOOD GOOD POOR GOOD Chlorophyll -a GOOD GOOD GOOD GOOD GOOD GOOD GOOD Enterococci GOOD GOOD GOOD GOOD GOOD Long Term Trends During the 2019 -2020 study period, water quality within each creek has remained similar to what has been observed over previous years. One exception, however, has been an improvement with the Enterococci levels compared to recent years. Using data collected on a monthly basis since June 2008, the long -term trends of select water quality monitoring parameters were assessed in this report as well. In general, dissolved oxygen, turbidity, and chlorophyll -a levels oscillate on a seasonal basis. Water quality, as it relates to these parameters, generally decreases during the warmer months when the water temperatures increase. However, during the cooler months when the water temperature drops, these parameters improve. Generally speaking, the dissolved oxygen levels within each creek have not changed drastically from year to year. Dissolved oxygen within Prince George Creek has been consistently low over Board of Commissionersl- November 16, 2020 ITEM.OPLU -}U time which may be attributed to the natural physical condition of the creek which includes slow moving swamp -like waters. Turbidity and chlorophyll -a were not problematic within any creeks. Overall, the ratings for Enterococci bacteria during the 2019 -2020 sampling period were the best since monitoring began in 2008. Following a spike in high levels of bacteria observed during the 2018 -2019 study period, the levels improved (decreased) over the two most recent study periods. This may be attributed to relatively fewer samples collected following a rain event during the 2019 -2020 sampling period compared to previous years. Enterococci bacteria has had a history of elevated levels within several of the creeks including Mott Creek, Pages Creek, Barnards Creek, Smith Creek, and Prince George Creek. Lords Creek and Futch Creek, on average, have contained relatively lower bacteria levels compared to the other creeks included within this study. Since June 2008, samples collected within Mott Creek and Pages Creek exceeded the State standard for Enterococci 43% and 42% of the time, respectively. Smith Creek and Barnards Creek have both exceeded the standard 28% of the time, while Prince George Creek exceeded the standard 24% of the time. Lords Creek exceeded the standard for Enterococci 11% of the time, while Futch Creek has only exceeded the standard 5% of the time. Enterococci ratinLFs for each watersheddurin2 the 2017 - 2018.2018 -2019 and2019- 2020renortin2 periods. Monitoring Barnards Futch Lords Mott Pages Prince Smith George Period Creek Creek Creek Creek Creek Creek Creek 2018 -2019 POOR POOR POOR POOR 2018 -2019 GOOD GOOD GOOD 2019 -2020 GOOD GOOD GOOD GOOD GOOD An analysis of the long -term data set has shown that samples collected after a significant rainfall were more than twice as likely to exceed the Enterococci standard compared to samples collected following a period of dry weather. This suggests that the delivery of the indicator bacteria into the County's creeks may not only be through point - source pathways (e.g. sanitary sewer overflows, "straight pipe" discharge, etc.), but also via non -point source delivery mechanisms including rainfall runoff. Furthermore, bacterial loading may be caused by infiltration of groundwater into the creeks following heavy rain events. Airlie Gardens The 10 -acre lake at Airlie Gardens has historically experienced persistent algal blooms. In order to assess the overall condition of the lake's water, the County implemented monthly water quality monitoring in 2015. Three sampling sites within the lake at Airlie Gardens were included in the 2019 -2020 monitoring effort. The results of the monitoring efforts within these locations suggested that dissolved oxygen varied significantly over the 12 -month study within the lake as they have since monitoring began in 2015. Similar to previous years' results, the levels of the nutrient nitrite /nitrate were relatively higher at the sampling location closest to the main storm water runoff input near the entrance of the gardens at Airlie Road compared to the outfall by Bradley Creek. The levels of the nutrient orthophosphate had also been higher at the entrance to the lake compared to the sampling sites located at the central portion of the lake and in proximity to the outfall until recent years when the levels have nearly equilibrated at all three sites. Meanwhile, chlorophyll -a levels have increased in recent years at the sampling sites closer to the Bradley Creek outfall and the central areas of the lake compared to the sampling location in proximity to the stormwater input into the lake. These trends indicate that the aquatic vegetation Board of Commissioners1L November 16, 2020 ITEM.OF -B -W in the lake was utilizing the available nitrogen in the water column to facilitate growth. This was indicated by the presence of algal blooms throughout much of the lake during the summer months as nutrient -rich stormwater runoff may have been contributing to eutrophication and resultant algal blooms. In 2019, specifically, algal blooms were observed in July and August at AG -FD and in August, September and October at AG -OUT. High levels of chlorophyll -a we also noted at AG- IN during August of 2019. Algal blooms during the summer months also lead to decreased dissolved oxygen levels. To help combat problems associated with this eutrophication and low dissolved oxygen, the management at Airlie Gardens has implemented several measures to improve water quality within the lake. In order to help address issues associated with eutrophication, low dissolved oxygen, and over all water quality, county Parks and Gardens has implemented several measures identified in its stormwater master plan for Airlie Gardens over the past two years. Projects have included installing several aerators that help circulate air into the water to increase the dissolved oxygen levels, dredging portions of the lake to remove silt and create "pockets" for fish habitat, planting native cypress trees, and stream restoration efforts, including installation of an engineered wetland where water enters the lake. As these implementation projects were recently completed, the monitoring data for 2019 -2020 did not show a reduction of nutrient loading into the lake. Continued monitoring of the lake is recommended in order to gauge the status of the lake and determine the success of the implemented projects. Recommendations The long -term water quality monitoring results suggest that the seven (7) creeks have experienced good water quality in terms of turbidity and chlorophyll -a levels over the course of the twelve (12) year study thus far. Enterococci bacteria, however, has been problematic within several creep over time. In particular, the bacteria levels within a portion of Pages Creek has persisted at high levels over the course of this long -term study. County- funded source tracking studies conducted in 2009 and 2013 suggested that human sewage was a contributing factor to the bacteria loading in the Bayshore neighborhood within the Pages Creek watershed. Although the bacteria levels have decreased over the past two years, the long- term dataset continues to suggest that testing sites PC -BDUS and PC -BDDS continue to frequently exceed the Enteroccoci standard. The continued presence of bacteria in the waters of Pages Creek, particularly within the two Bayshore sampling sites is from an undetermined source and warrants further investigation. The Cape Fear Public Utility Authority (CFPUA) performed inspections of the lift stations adjacent to the two sampling sites in 2008; however, their efforts did not reveal any deficiencies with the integrity of the sewer infrastructure. Following these efforts, a sign was posted by the New Hanover County Health Department warning of the health hazard caused by the bacteria, and grant funding for additional research was applied for as the County continued to monitor the creek. While the requested funding was not awarded, New Hanover County has partnered with Coastal Protection Engineering of North Carolina (CPE) and the University of North Carolina Wilmington (UNCW) to conduct a researchproject in the winter 2020/2021. An unmanned aerial vehicle (UAV) will be equipped with thermal infrared sensors and flown along targeted segments within the Pages Creek watershed to identify temperature differences between the surface water of the creek and surrounding areas, which can indicate the presence of any contamination entering the creek. Once potential point source targets are located, ground truthing efforts will be developed to investigate further. Board of Commissioner4d November 16, 2020 ITEM:(1PLU_NIC NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Regular DEPARTMENT: Planning PRESENTER(S): Ken Vafier, Planning Supervisor CONTACT(S): Ken Vafier; Rebekah Roth, Interim Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z20 -18) — Request by Trask Land Company, Inc. on Behalf of the Property Owner, TF Holdings Limited Partnership, to Rezone Approximately 158.65 Acres of Land Located at the Northeast Quadrant of the Interchange of Interstate 40 and Interstate 140 from 1 -1, Light Industrial District, and R -15, Residential District, to RMF -L, Residential Multi- Family Low Density District, and R -5, Residential Moderate -High Density District BRIEF SUMMARY: The applicant is proposing to rezone approximately 158.65 acres of land located at the northeast quadrant of the interchange of 1 -40 and 1 -140 from 1 -1 and R -15 to RMF -L and R -5. The property is a portion of approximately 509 acres owned by the applicant on the northeast and southeast quadrants of the interchange. This application is a general use or "straight" rezoning, which was the primary type of rezoning prior to the adoption of conditional zoning district provisions in 2012. Generally, a straight rezoning is intended for larger tracts without current plans for development. Under the county's performance residential standards, the residentially zoned area of the site would be permitted up to 242 dwelling units at a density of 2.5 du /ac as currently zoned, while the industrially zoned area could potentially accommodate up to 296,000 square feet of light industrial space. The proposed RMF -L district could potentially allow up to 966 units at 10 du /ac, while the R -5 district could allow up to 496 units at 8 du /ac. The 1,462 total potential units is an increase of 1,220 units more than would be allowed under the current zoning districts. However, with the requested zoning change, the site will no longer be able to be developed with a variety of light industrial, manufacturing, and commercial uses. It is estimated the site would generate about 277 AM and 315 PM peak hour trips if developed under the parameters of the current zoning districts. Development under the proposed RMF -L and R -5 districts could increase the estimated number of peak hour trips by approximately 350 trips in the AM peak and 435 trips in the PM peak compared to those potentially generated under the existing zoning. Traffic Impact Analyses are not required for a straight rezoning, as a specific development proposal is required to thoroughly analyze access, potential trip generation, and roadway improvements. If a future specific site development proposal estimates more than 100 peak hour trips will be generated, a TIA will be required in addition to the Technical Review Committee's review of all plans for compliance with applicable land use regulations. Any recommended roadway improvements will be completed as required by a TIA or through the NCDOT Driveway permitting process during the construction process. Using a generalized historic student generation rate, development within the proposed zoning districts can be estimated to generate 351 (161 elementary, 73 middle, and 117 high) students, which is approximately 293 more than if developed under existing zoning. County Planning staff has worked with schools staff to analyze recent trends related Board of Commissioners - November 16, 2020 ITEM: 19 to development patterns and student generation. From 2015 to 2019, student enrollment remained at a generally stable rate of just over 27,000 students enrolled despite the issuance of approximately 11,000 permits for new residential units throughout the entire county. Using the generalized historic student generation rate, staff would have estimated that about 3,000 students would have been generated from the new units over the 5 -year period. However, this increase is not reflected in the enrollment data. As a result, recent trends indicate new residential development may be generating much less student population than the historic generation rate would have indicated and the student generation estimates for this proposal may be much greater than the actual resulting student growth. Additional information on school enrollment and capacity is included on page 11 of the staff report. The site is adjacent to interstate corridors on its western and southern boundaries, and much of the neighboring property is undeveloped with the exception of the northeastern boundary, which is developed with single - family attached dwelling units. While the surrounding area was zoned for low density housing in the 1970s, the 2016 Comprehensive Plan recommends a mixture of higher density housing and commercial uses along the Sidbury Road corridor. One of the goals of the New Hanover County Strategic Plan for 2018 -2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. The proposed R -5 and RMF -L districts would allow for attached housing types less likely under the current R- 15 zoning and could increase the diversity of housing types in the Castle Hayne community area. The 2016 Comprehensive Plan classifies the site as Community Mixed Use. The proposed RMF -L and R -5 zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the densities and uses allowed in these districts are more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning. These districts would allow for the development pattern and diverse housing options recommended for this area and would provide an orderly transition from a major road corridor to areas zoned for lower density housing. The Planning Board considered this application at their October 1, 2020 meeting. At the meeting, two members of the public spoke in opposition to the request, discussing concerns related to potential proximity of multi- family buildings to private amenities on an adjacent single - family property, drainage, traffic, impacts to schools, and impacts to wildlife. The Planning Board recommended approval of the application (5 -0), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts are more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning and would allow for the diverse housing options recommended for this area. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because it would allow for the desired development pattern in this area and provide an efficient use of land between the interstate highway and CFCC Growth Node to the west and the existing residential districts and future Community Mixed Use development along Sidbury Road to the east. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a RMF -L and R -5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts are more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning and would allow for the diverse housing options recommended for this area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because it would allow for the desired development pattern in this area and provide an efficient use of land between the interstate highway and CFCC Growth Node to the west and the existing residential districts and future Community Mixed Use development along Sidbury Road to the east. Example Motion for Denial Board of Commissioners - November 16, 2020 ITEM: 19 I move to DENY the proposed rezoning to a RMF -L and R -5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts are more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning and would allow for the diverse housing options recommended for this area, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - November 16, 2020 ITEM: 19 SCRIPT for Zoning Map Amendment Application (Z20 -18) Request by Trask Land Company, Inc., on behalf of the property owner, TF Holdings Limited Partnership, to rezone approximately 158.65 acres of land located at the northeast quadrant of the interchange of 1 -40 and 1 -140, from 1 -1, Light Industrial District, and R -15, Residential District to RMF- L, Residential Multi - Family Low Density District, and R -5, Conditional Community Business District. 1 . This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval I move to APPROVE the proposed rezoning to a RMF -L and R -5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts are more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning and would allow for the diverse housing options recommended for this area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because it would allow for the desired development pattern in this area and provide an efficient use of land between the interstate highway and CFCC Growth Node to the west and the existing residential districts and future Community Mixed Use development along Sidbury Road to the east. Board of Commissioners - November 16, 2020 ITEM: 19- 1 - 1 Examole Motion of Denial I move to DENY the proposed rezoning to a RMF -L and R -5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts are more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning and would allow for the diverse housing options recommended for this area, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning to an RMF -L and R -5 district. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - November 16, 2020 ITEM: 19- 1 - 2 STAFF REPORT FOR Z20 -18 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z20 -18 Request: Rezoning to RMF -L and R -5 districts Applicant: Property Owner(s): Trask Land Company, Inc. TF Holdings Limited Partnership Location: Acreage: NE quadrant of interchange of 1 -40 and 1- 158.65 140 West PID(s): Comp Plan Place Type: Portion of R02700- 001 - 002 -000 north of I- Community Mixed Use 140 Existing Land Use: Proposed Land Use: Undeveloped The property would be allowed to be developed in accordance with the RMF -L and R -5 districts Current Zoning: Proposed Zoning: I -1, Light Industrial and R -15, Residential RMF -L, Residential Multi- Family Low Density and R -5, Residential Moderate -High Density Existing Zoning ti' 0 g B -1 2 P .� r�N Q�\��ZF PgR`SO s� y MFiF .mom Pr.�5TU0.E 0&1/ 15 E � G 1 -2 Z20 -18��' DAVID B m ++� L� 1-1 f � f' TIVERTON 'S m . ° s all .. HIEMLOCK Ly �. fi' V� ,.Y y. #,'.■ �4d R -20 fill R -10 �,' PD EPORT ■ ,t rga��� +} BeFRav"'�M New Hanover County, NC SURROUNDING AREA LAND USE ZONING North Undeveloped, Institutional (SEA -Tech) R -15 East Single - Family Residential, Undeveloped R -15 South 1 -140 Right -of -Way N/A West Undeveloped, 1 -40 Right -of -Way R -15, N/A Z20 -1 8 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 1 Page 1 of 19 ZONING HISTORY July 7, 1972 Initially zoned R -15 (Areas 8A, 8B) August 2, 1999 85.15 acres zoned 1 -1 via Z -674. Acreage subsequently decreased Archaeological slightly by 1 -140 right -of -way acquisition. COMMUNITY SERVICES Conservation Not currently available through CFPUA, however it is anticipated to be Water /Sewer served by CFPUA via extension of services along Sidbury Road at time of Archaeological development. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Castle Hayne Castle Hayne Elementary, Holly Shelter Middle, and Laney High schools Schools For more information, see the Schools section of this report. Recreation Northern Regional Park, Blue Clay Bike Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 2 Page 2 of 19 APPLICANT'S PROPOSAL • This application proposes to rezone 158.65 acres from 1 -1 (approximately 62.01 acres) and R -15 (approximately 96.64 acres) to RMF -L and R -5. • The western 62.01 acres would be rezoned from 1 -1 to R -5, and the eastern 96.64 acres would be rezoned from R -15 to RMF -L. Proposed Zoning Districts with Respective Acreage • The 1 -1 zoning was approved by the Board of Commissioners in 1999 as part of a larger rezoning that included land south of the current location of 1 -140. The property was split once right -of -way was acquired by NCDOT, and the portion south of the alignment was zoned 1 -2. • According to the applicant, the proposed zoning will allow for the provision of a range of housing types for future development in a land use pattern that is more consistent with the 2016 Comprehensive Land Use Plan. ZONING CONSIDERATIONS • Under the County's performance residential standards, the current residentially zoned portion of the property (R- 1596.64 acres) could allow up to 242 dwelling units at a maximum density of 2.5 du/ac. • The current R -15 area of the subject property is proposed to be rezoned to RMF -L. This could yield a potential maximum of 966 dwelling units at a density of 10 dwelling units per acre. Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 3 Page 3 of 19 • The portion of the property zoned 1 -1 (approximately 62.01 acres) is generally estimated to support approximately 296,000 square feet of traditional light industrial uses (assembly, fabrication, packaging, and transport) based on a typical 10% building area for this type of zoning. For comparison, the acreage of the 1 -1 area is similar to the area of Dutch Square from N Green Meadows Drive to Judges Road. • The acreage currently zoned 1 -1 is proposed to be rezoned to R -5. If developed at the maximum density of 8 units per acre, this could yield a potential maximum of 496 dwelling units. • Based on the allowable densities of the proposed districts, a maximum of 1,462 potential dwelling units may be accommodated on the 158.65 -acre site. • Although there are a limited number of civic, institutional, educational, and recreational uses permitted by -right in the RMF -L and R -5 districts, the typical development pattern in these districts do not include such uses. Any proposed non - residential use would be subject to the applicable site design and approval provisions within the UDO. Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 4 Page 4 of 19 Residential Industrial /Commercial Typical Development R- 15:242 Dwelling Units 1 -1: 296,000 sf under Current Zoning: Typical Development RMF -L: 966 Dwelling Units None under Proposed Zoning: R -5: 496 Dwelling Units Total: 1,462 Dwelling Units Net Change: + 1,220 Dwelling Units - 296,000 sf Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 4 Page 4 of 19 AREA SUBDIVISIONS UNDER DEVELOPMENT TRANSPORTATION • The site is accessed by Sidbury Road, an NCDOT maintained collector road. • Traffic Impact Analyses are not required for a straight rezoning, as a specific development proposal is required to thoroughly analyze access, potential trip generation, and roadway improvements. • Before any development can occur on this site, the Technical Review Committee will review all plans for compliance with applicable land use regulations, including any recommended roadway improvements from traffic impact analyses to ensure adequate traffic safety and distribution. Recommended roadway improvements will be completed as required by a TIA or through the NCDOT Driveway permitting process. Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 5 Page 5 of 19 • The portion of the site currently zoned R -15 would be permitted a maximum of 242 dwelling units under the performance zoning standards, which is estimated to generate about 177 AM and 237 PM peak hours. The trips generated from existing 1 -1 portion of the property would vary based on the proposed uses within this district. If this portion of the site was developed with a typical approximate 10% building footprint, approximately 296,000 sf of light industrial uses or comparable development could be built and is estimated to generate about 100 AM and 78 PM peak hours. The total number of potential trips generated under the current zoning districts is approximately 277 AM and 315 PM peak hour trips. • Under the proposed zoning districts, 1,462 dwelling units could potentially be constructed on the site, which is estimated to generate about 627 trips in the AM and 750 trips in the PM peak hours, likely over a longer -term phased development. • If developed at the maximum density for the RMF -L and R -5 districts, the proposal could generate approximately 350 AM peak hour trips and 435 PM peak hour trips more than if developed as currently zoned. Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 6 Page 6 of 19 • Sidbury Crossing, a proposed development consisting of 288 multi - family units located to the north of the subject property off Dairy Farm Road, was approved by the Board of Commissioners at the October 5, 2020 meeting. • A recent Traffic Impact Analysis (TIA) completed for Sidbury Crossing (that does not include this subject proposal) can help provide general information on the Levels of Service (LOS) of nearby intersections in the area. The TIA studied the intersections of Dairy Farm Road at Sidbury Road, Blue Clay Road at Sidbury Road, and N College Road at Blue Clay Road. • The Sidbury Crossing TIA found that the intersections of Dairy Farm Road at Sidbury Road and Blue Clay Road at Sidbury Road are expected to remain at an acceptable LOS with adequate capacity to accommodate the trip generation from development of the subject rezoning request. • However, according to the TIA, the intersection of N College Road at Blue Clay Road is expected to see a decrease in LOS to below acceptable levels with increased delays, most notably on the eastbound left turn movement from Blue Clay Road to N College Road. Any improvements required to mitigate impacts to this intersection directly related to the subject property would be addressed at the time of an actual development proposal on this site. • In addition to the Sidbury Crossing TIA information, staff has provided the volume to capacity ratio for roadways in the vicinity of the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 7 Page 7 of 19 Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM R -15: 242 single - family 177 AM / 237 PM homes Typical Development under 1 -1: 296,000 sf Current Zoning: 100 AM / 78 PM General Light Industrial (ITE -1 10) TOTAL: 277 AM / 315 PM RMF -L: 966 units 70% Apts — 676 233 AM / 277 PM Potential Trip Generation 15% Townhomes — 145 68 AM / 82 PM under Proposed Zoning: 15% SFD — 145 108 AM / 145 PM R -5: 496 performance units 218 AM / 246 PM Townhomes TOTAL: 627 AM / 750 PM Potential Net Change under _ + 350 AM / + 435 PM Proposed Zoning: • Sidbury Crossing, a proposed development consisting of 288 multi - family units located to the north of the subject property off Dairy Farm Road, was approved by the Board of Commissioners at the October 5, 2020 meeting. • A recent Traffic Impact Analysis (TIA) completed for Sidbury Crossing (that does not include this subject proposal) can help provide general information on the Levels of Service (LOS) of nearby intersections in the area. The TIA studied the intersections of Dairy Farm Road at Sidbury Road, Blue Clay Road at Sidbury Road, and N College Road at Blue Clay Road. • The Sidbury Crossing TIA found that the intersections of Dairy Farm Road at Sidbury Road and Blue Clay Road at Sidbury Road are expected to remain at an acceptable LOS with adequate capacity to accommodate the trip generation from development of the subject rezoning request. • However, according to the TIA, the intersection of N College Road at Blue Clay Road is expected to see a decrease in LOS to below acceptable levels with increased delays, most notably on the eastbound left turn movement from Blue Clay Road to N College Road. Any improvements required to mitigate impacts to this intersection directly related to the subject property would be addressed at the time of an actual development proposal on this site. • In addition to the Sidbury Crossing TIA information, staff has provided the volume to capacity ratio for roadways in the vicinity of the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 7 Page 7 of 19 generally considered a more effective measure when determining the Level of Service of a roadway. The most recent traffic counts in the area indicate capacity currently exists on the Sidbury Road corridor. NCDOT Average Annual Daily Traffic (AADT) - 2018 Road Location Volume Capacity VIC Sidbury Road 5400 Block (east of Dairy Farm 4,200 12,500 0.34 Road) Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses urrkPCUr 0, Dr Approved Under Review I L Sidbury Crossing m Under Draft ? Approved Sidbury Farms Approved 11FOINE 2wz mmul [Lee 1 Mile Radius Miles w s E 0 0.25 0.5 Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 8 Page 8 of 19 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use /Intensity* TIA Status 1. Sidbury Crossing • 320 Apartments • Approved August 17, 2020 2. Cape Landing 126 single - family • Full Build 2024 The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of southbound and westbound turn lanes; extension of eastbound turn lane at Dairy Farm Road and Sidbury Road. • Realignment of the intersection of Blue Clay Road and Sidbury Road. • Installation of westbound turn lane, extension of westbound turn lane, and signal modification at N College Road and Blue Clay Road. Nearby Proposed Developments included within the TIA: • Cape Landing • Sidbury Farms Development Status: Conditional rezoning request scheduled to be heard at October 5, 2020 Board of Commissioners meeting. Proposed Development I Land Use /Intensity TIA Status • Approved December 21, 2. Cape Landing 126 single - family 2017 • 2021 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Extension of the existing eastbound left -turn lane at Blue Clay Road and N. College Road. Nearby Proposed Developments included within the TIA: • None Development Status: Phase 1 is nearing completion with approximately 55 homes being constructed and occupied. Roadway improvement will be required with Phase 2 of development. Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 9 Page 9 of 19 Proposed Development Land Use /Intensity TIA Status • Approved February 12, 2020 • 655 single - family dwellings • Build Out Years: 3. Sidbury Farms o 2024 — 258 SFDs 103 townhomes o 2029 — 421 SFDs, 59 townhomes • 2034 — Full Build The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of right and left turn lanes at the site's access points on Sidbury Road (Phase 1). • Installation of southbound right turn lane and westbound right turn lane, and extension of the westbound left turn lane and northbound right turn lane at the intersection of N. College and Blue Clay Road (Phase 2). • Installation of a roundabout at Sidbury Road and Blue Clay Road (Phase 2). • Installation of a southbound left turn lane at Dairy Farm Road and Sidbury Road (Full Build) Nearby Proposed Developments included within the TIA: • Scott's Hill Medical • Blake Farms • Scott's Hill Village • Cape Landing • Coastal Prep Academy Development Status: Construction plans for Phase 1 are currently under review. ENVIRONMENTAL • A portion of the subject property just northeast of the 1 -40/1 -140 interchange, within the area proposed to be rezoned to R -5, contains Special Flood Hazard Areas. Any proposed development within this area must comply with applicable floodplain management regulations. The property does not contain any Natural Heritage Areas. The property is within the Prince George Creek watershed. Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) and Class III (severe limitation) soils. However, the site is expected to be served by CFPUA as utilities become available. Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 10 Page 10 of 19 OTHER CONSIDERATIONS SCHOOLS • Students generated from this development would be assigned to Castle Hayne Elementary, Holly Shelter Middle, and Laney High schools. Students may apply to attend public magnet, year -round elementary, or specialty high schools. • A maximum of 242 dwelling units would be permitted under the current R -15 zoning base density, and 1,462 units could potentially be developed under the proposed zoning for an increase of 1,202 dwelling units. • Based on average student generation rates,* there are an average of 0.24 public school students (0.11 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. Development within the proposed zoning districts can be estimated to generate 351 (161 elementary, 73 middle, and 117 high) students, which is approximately 293 more than if developed under existing zoning. • County Planning staff has worked with Schools staff to analyze recent trends related to development patterns and student generation. From 2015 to 2019, student enrollment remained at a generally stable rate of just over 27,000 students enrolled despite the issuance of approximately 11,000 permits for new residential units throughout the entire county. Using the generalized historic student generation rate, staff would have estimated that about 3,000 students would have been generated from the new units over the 5 -year period. However, this increase is not reflected in the enrollment data. As a result, recent trends indicate new residential development may be generating much less student population than the historic generation rate would have indicated and the student generation estimates for this proposal may be much greater than the actual resulting student g rowth. Development Type Intensity Estimated Student Generation Existing Development Undeveloped Total: 0 (0 elementary, 0 middle, 0 high Typical Development 242 residential units Total: 58 under Current Zoning (27 elementary, 12 middle, 19 high) Potential Development Total: 351 under Proposed Zoning 1,462 residential units (161 elementary, 73 middle, 117 high) Districts *Average student generation rates are calculated by dividing the projected New Hanover County public school student enrollment for the 2020 -2021 school year by the estimated number of dwelling units in the county. While different housing types and different locations typically yield different numbers of students, these average generation rates can provide a general guide for the number of students to anticipate. Total projected student enrollment was used, which includes students attending out -of- district specialty schools, such as year -round elementary schools, Isaac Bear, and SeaTECH. Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19-2- 11 Page 11 of 19 School Enrollment* and Capacity ** - 2021 -2022 Estimates *Enrollment is based on projected New Hanover County Schools enrollment for the 2020 -2021 school year. * *Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn't specifically designed with those spaces. CONTEXT AND COMPATIBILITY • The subject property is located adjacent to the northeast quadrant of the interchange of I- 40 and 1 -140, which separates the western and southern boundaries of the site from adjacent land -uses. • The northern portion of the site is adjacent to Sidbury Road and has direct access to the NCDOT maintained collector road. The site is adjacent to undeveloped property on other boundaries with the exception of the far northeastern corner, which is adjacent to attached single - family dwelling units. • The proposed districts provide a transition from the high- intensity adjacent interstates to undeveloped land and existing single - family neighborhoods in the vicinity of the subject property. • The proposed zoning districts eliminate the potential for industrial uses. • While the majority of this area was zoned for low density housing in the early 1 970s, the 2016 Comprehensive Plan recommends a mixture higher density housing and commercial uses along the Sidbury Road corridor. Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 12 Page 12 of 19 Total Enrollment of Capacity of % of Funded Level NHC % School Assigned Assigned Capacity of Capacity Capacity School School w/ Assigned Upgrades Portables School Elementary 97% Castle Hayne 483 529 91% None Middle 107% Holly Shelter 917 934 98% None High 105% Laney 2,063 1,903 108% None *Enrollment is based on projected New Hanover County Schools enrollment for the 2020 -2021 school year. * *Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn't specifically designed with those spaces. CONTEXT AND COMPATIBILITY • The subject property is located adjacent to the northeast quadrant of the interchange of I- 40 and 1 -140, which separates the western and southern boundaries of the site from adjacent land -uses. • The northern portion of the site is adjacent to Sidbury Road and has direct access to the NCDOT maintained collector road. The site is adjacent to undeveloped property on other boundaries with the exception of the far northeastern corner, which is adjacent to attached single - family dwelling units. • The proposed districts provide a transition from the high- intensity adjacent interstates to undeveloped land and existing single - family neighborhoods in the vicinity of the subject property. • The proposed zoning districts eliminate the potential for industrial uses. • While the majority of this area was zoned for low density housing in the early 1 970s, the 2016 Comprehensive Plan recommends a mixture higher density housing and commercial uses along the Sidbury Road corridor. Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 12 Page 12 of 19 Representative Developments of RMF -L: Woodlands at Echo Farms Villages at Plantation Landing Z20 -18 Staff Report 1 1.16.2020 Stephens Point Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 13 Page 13 of 19 Representative Developments of R -5: Marsh Oaks Plantation Village Z20 -18 Staff Report 1 1.16.2020 Lions Gate Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 14 Page 14 of 19 Representative Developments of R -15: Grayson Park Clay Crossing Z20 -18 Staff Report 1 1.16.2020 Plantation Landing Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 15 Page 15 of 19 Representative Industrial Developments: Northchase Industrial Park Dutch Square Z20 -18 Staff Report 1 1.16.2020 Portion of Dutch Square Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 16 Page 16 of 19 NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. • The subject site is located in the Castle Hayne community area. Detached single - family homes are the predominant housing type in this community, making up 75% of existing residential units. Planned development in this area (Sidbury Farms, Parsons Mill, and Sidbury Crossing) is also primarily detached single - family residential. • The proposed R -5 and RMF -L districts would allow for attached housing types less likely under the current R -15 zoning and could increase the diversity of housing types in the Castle Hayne community area. 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use Focuses on small - scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi - family and single - family residential. Community Mixed Use is a common place type designation along major roadways as its higher densities and mix of uses provides for an orderly transition of densities and intensities to areas farther from the roadway Analysis corridor and existing low- density development. Typical zoning associated with this place type includes moderate density residential, commercial, office and institutional, and mixed -use. Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 17 Page 17 of 19 PLANNING BOARD ACTION The Planning Board considered this application at their October 1, 2020 meeting. At the meeting, two members of the public spoke in opposition to the request, discussing concerns related to potential proximity of multi - family buildings to private amenities on an adjacent single - family property, drainage, traffic, impacts to schools, and impacts to wildlife. The Planning Board recommended approval of the application (5 -0), finding it to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts are more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning and would allow for the diverse housing options recommended for this area. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because it would allow for the desired development pattern in this area and provide an efficient use of land between the interstate highway and CFCC Growth Node to the west and the existing residential districts and future Community Mixed Use development along Sidbury Road to the east. Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 18 Page 18 of 19 The proposed RMF -L and R -5 zoning districts were designed to allow the residential densities outlined for Community Mixed Use places, which provides for residential densities of up to 15 units /acre. R -5 allows for up to 8 dwelling units /acre, and RMF -L allows up to 10 units /acre. The existing R -15 only allows for by -right residential density of 2.5 units /acre, which is less consistent with the Community Mixed Use designation. In addition, the current 1 -1 zoning designation would allow for the commercial uses recommended for Community Mixed Use areas but is more commonly associated with Employment Centers and Commerce Zones because of the range of industrial uses possible. The densities and range of housing types permitted by the proposed rezoning would allow for the desired development pattern in this area and provide an efficient use of land between the interstate highway and CFCC Growth Node to the west and the existing residential districts and future Community Mixed Use development along Sidbury Road to the east. The proposed RMF -L and R -5 zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the densities and uses allowed in these Consistency districts are more in line with the densities and uses recommended for Recommendation Community Mixed Use areas than the existing zoning. These districts would allow for the development pattern and diverse housing options recommended for this area and would provide an orderly transition from a major road corridor to areas zoned for lower density housing. PLANNING BOARD ACTION The Planning Board considered this application at their October 1, 2020 meeting. At the meeting, two members of the public spoke in opposition to the request, discussing concerns related to potential proximity of multi - family buildings to private amenities on an adjacent single - family property, drainage, traffic, impacts to schools, and impacts to wildlife. The Planning Board recommended approval of the application (5 -0), finding it to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts are more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning and would allow for the diverse housing options recommended for this area. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because it would allow for the desired development pattern in this area and provide an efficient use of land between the interstate highway and CFCC Growth Node to the west and the existing residential districts and future Community Mixed Use development along Sidbury Road to the east. Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 18 Page 18 of 19 STAFF RECOMMENDATION Staff concurs with the Planning Board's and suggests the following motion: I move to APPROVE the proposed rezoning to a RMF -L and R -5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts are more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning and would allow for the diverse housing options recommended for this area. I also find APPROVAL of the rezoning request is reasonable and in the public interest because it would allow for the desired development pattern in this area and provide an efficient use of land between the interstate highway and CFCC Growth Node to the west, and the existing residential districts and future Community Mixed Use development along Sidbury Road to the east. Alternative Motion for Denial I move to DENY the proposed rezoning to a RMF -L and R -5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts are more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning and would allow for the diverse housing options recommended for this area, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. Z20 -18 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 19- 2 - 19 Page 19 of 19 11\ Lis IF I `p ELY Case: Site Address: Existing Zoning/Use: Proposed Zoning: Z20 -18 ME quadrant R -15 & 1 -1/ RMF -L and R -5 of 1 -40 & 1 -140 Undeveloped N �I4house I' Rd guck�flr, CC —= Site ee�\e 5 513 t Q 4805 1 4, • 5301 5515 A � 5533 5ldburY O 040 — ► .� dry" ,fir 5509 • r — ., Sd5495 A415420, . a fi �1 -Ave • 3006'v.J 301A� 007+ 502 3440 3110 310! 1021 • • X346031 3381ti022 3115( 3119 3360 3400 323 31t p • 31133 3131/ - (- odding, —!:-d�,6o ! yst tiw • � �a1ti�11 lii � • 54001 Do rs - November 16, 2020 -5 -1 1y Subject Site 0 ♦ v c a' APPLICANT MATERIALS Board of Commissioners - November 16, 2020 ITEM: 19- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798 -7165 FAX (910) 798 -7053 planningdevelopment.nhcgov.com ZONING MAP AMENDMENT APPLICATION This application form must be completed as part of a zoning map amendment application submitted through the county's online COAST portal. The main procedural steps In the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.2 of the Unified Development Ordinance. 1. Applicant and Property Owner Information Applicant /Agent Name GtAr--)a" -- mlt Owner Name (If different from A plicant /Agent) TP !_IVIj,'1S lam' W S Company Company /Owner Name 2 Address )01 Address CJ &IerA // i n,I�_ City, State, Zip lJf l 'I h/n lU C U LM City, State, Zip 1J 6,1 �',, ftL 2 9* 3 v,t: s Phone U S5 Phone Email SGra�� f��1.5k1���ic�,.�arn En,ail 2. Subject Property Information Address /Location lA Parcel Identification Number(s) �0'4 Pe ('Sp .ac a Total Parcel(s) Acreage Existing Zoning and Use(s) Proposed Zoning ; Future Land Use Disfrict(s)pi.L ClassificationU it, ;10., n,I�_ i Applicant Tracking Information f TIA section completed by staff) Case Number. Date {Time Received br. 1. 0 - t % 20 1 :3v JAA GS Page 1 of 4 Zonin Ma Ame l' Application — Updated 02 -2020 Board of Commissioners - Ngovem er 16, 0 ITEM: 19- 7 - 1 3. Zoning Map Amendment Considerations Requests for general rezonings do not consider a particular land use but rather all of the uses permitted in the requested zoning district for the subject property. Rezoning requests must be consistent with the New Hanover County 2016 Comprehensive Plan and the Unified Development Ordinance. Zoning Map amendments reclassify the land that is subject of the application to the requested zoning district classification(s) and subjects it to the development regulations applicable to the district(s). The applicant must explain, with reference to attached plans (where applicable), how the proposed Zoning Map I amendment meets the following criteria. (attach additional pages if necessary) 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc.? Pleme- 5t' r-, Hi, t$ e 2. Now would the requested zoning change be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map? P�el&S?e I In _ �'J-YJJ eJ�. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? 0e(AS� Sez C,ptJiPA. Page 2 of Q Zoning Map Amendment Application — Updated 02 -2020 Board of Commissioners - November 16, 2020 ITEM: 19- 7 - 2 4. Flow will this zoning change serve the public interest? Ae(,se- Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by Initialing under "Applicant Initial ". Applications determined to be Incomplete must be corrected in order to be processed for further review. Application Checklist 0 This application form, completed and signed ❑ Application fee: • $500 for 5 acres or less * $ 600 for more than 5 acres ❑ Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning ❑ One (I) hard copy of ALL documents ❑ Acknowledgment and Signatures Form (if applicable) © One (1) digital PDF copy of ALL documents AND plans staflnitial rJ Page 3 of 4 Zoning Map Amendment Application — Updated 02 -2020 Board of Commissioners - November 16, 2020 ITEM: 19- 7 - 3 4. Acknowledgement and Signatures By my signature below, i understand and accept all of the limitations and obligations of the Zoning Map amendment for which I am applying. I understand that the existing Official Zoning Map Is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant /ogent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby authorized on my behalf to. 1, Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give r sentation and comments; and 3. Act on my behalf without limit ns with regard to any and all things directly or indirectly connected with or arising out of this appllcat Signature of Pro rty Owner(sj Print Name(s) h #u }`erL Sig t re of Applicanf /Agent Print Name Note: This form must be signed by the owner {s} of record. If there are multiple property owners, a signature is required for each owner of record, If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next ineeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. if the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 4 of 4 Zoning Map Amendment Application — updated 02 -2020 Board of Commissioners - November 16, 2020 ITEM: 19- 7 - 4 Sub _ect Properly Parcel ID Number(s): PID R02700 -001- 002 -000 Total Parcel(s) Acreage: 158.65 Existing Zoning and Uses: e Zoning District Map R -15, 1 -1 Proposed Zoning District(s): RMF -L- RESIDENTIAL MULTI - FAMILY LOW DENSITY DISTRICT, R -5 (Please see exhibit A) Future Land Use Classification: COMMUNITY MIXED USE Questions How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc.? The requested change (rezoning to RMF -Land R -5 from current allowed zoning of R -15 and 1 -2) would result in the establishment of a vibrant, diverse residential community that provides a better range of housing types, opportunities and choices in an that the County has designated as an Growth Node. We are requesting the portion that is currently 1 -1 to be rezoned to R -5 and the remainder of the northern portion of the property to be rezoned to RMF- The proposed rezoning is consistent with the 2016 Comprehensive Plan that described this area as community mixed use as the it would supply a range of housing types for a growing part of the county. Furthermore, the requested change: o Supports one of three New Hanover County growth nodes (the Cape Fear Community College (CFCC) North Campus) via an increase in housing options * Eliminates potential and unappealing light and heavy industrial development to the area * Supports the increase in economic prosperity of local retail and commercial businesses 2. How would the requested zoning change be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map? The predominant focus on the new Future Land Use Map is mixing land uses. Our request thoughtfully keeps focus on residential development, allowing for a broader mix of residential units (e.g. single - family, townhomes and multi- family) to create a more vibrant and diverse residential community New Hanover County leaders and citizens desire. While the Future Land Use Map classifies the subject parcel as Community Mixed Use, there is already a substantial amount of nearby retail and commercial development (e.g. the CFCC North Campus northwest, the North Chase development due west and just south at the intersection of S College Road/Market Street) that could be better served with increased residential. The requested map amendment is comparable to the ideal density as reported in the Community Mixed Used section of the Comprehensive Plan. Additionally, the Future Land Use Map classifies the land Board of Commissioners - November 16, 2020 ITEM: 19- 7 - 5 due west (across 1-40) from our subject property as an Employment Center which will further increase future demand for nearby residential options. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The subject parcel is located on the NE corner of the intersection of Interstate 140 and North Carolina Highway 140 (1 -1401 NC 140), making it an ideal residential location for the workforce seeking immediate access to both the City of Wilmington and neighboring Counties. 4. How will this zoning change serve the public interest? The intersection of Interstate 140 and North Carolina Highway 140 (1 -140 / NC 140) is one of the first major gateways into the City of Wilmington, when entering from the north. While industrial developments often dominate a highway landscape, avoiding such development will better preserve the natural beauty of the land and New Hanover County's unique sense of place as a coastal destination will maintain its position as a desirable place to live, work and play. Additionally, the introduction of a residential community— serving more than just citizens seeking single - family residences —will provide greater economic opportunity for nearby retailers. The proposed rezoning change will also help provide different housing options for a growing county. Board of Commissioners - November 16, 2020 ITEM: 19- 7 - 6 I.l . , =C,:!; i..;ri Maps Parcel Lookup kr ' • r ri ` ` 4� •w . s s• �•' J l lend Information. For Detalied Ownership information. CLICK ' P the Gmn Got MAPIDKEY. 324006.38 -6364 1 Calculated Acreage: 458,65 e Click for ETAX Details Zoom Parcel Map PARID: R02700.001- 002 -000 TF HOLDINGS LIMITED PTNRP Zoning Districts Board of Commissioners - November 16, 2020 ITEM: 19- 7 - 7 Light Purple: 1 -1 (Light Industrial) Dark Purple: 1 -2 (Heavy Industrial) Orange: R -15 (Residentia -15; allowed density 2.5 units /acre) Future land Use: COMMUNITY MIXES? USE Board of Commissioners - November 16, 2020 ITEM: 19- 7 - 8 Exhibit A Lena! Description /Pane Reference Board of Commissioners - November 16, 2020 ITEM: 19- 7 - 9 NORTH CAROLINA NEW HANOVER COUNTY DR REGISTRATION p y SUE 6079 BEGISM of OEES NEN HAW R ®1Uyyy C S 2894 P8 297 -EEE S8 00 TSUME?hfT • ase DEPARTMENT OIL TRANSPORTATION, plaantrff, v RAIFORD G TRAM JR , D WEBSTER TRASK and wife, JULIA C TRASK, and ETHEL T COUPLAND and husband, HOWARD W COUPLAND, Defendants prq, qtr: t*fad 0, tint t1 a! t.. �t�TCe)7:1�1i1tL� f ,� �I 1 00CV NO3S5 q I That on the 13th day of November, 2000, the Department of Trausportatzon, under the provisions of Article 9, Chapter 136 of the General Statutes, instituted the above - captioned civil action in the Superior Court of New Hanover County by the filing of a Complaint and Declaration of Taking and by the issuance of summons, that pursuant to G S 136 -104, the interest and area specified in said Complaint and Declaration of Taking vested in the Department of Transportation on said date 2 That the above -named defendanns are the persons who the Department is informed and believes may have or claims to have an interest m said lands 3 That the property which is the subject of this action is described as follows Those certain lands lying and being in Cape Fear Township, New Hanover County, North Carolina and being more particulaxly described as follows Being those lands described and conveyed in the following deeds (1) deed dated December 5,1980 to D Webster Trask, Ethel T Coupland and Raiford G Trask, Jr and recorded in Book 1178, Page 733, and (2) deed dated December 28,1976 to Raiford G Trask, Jr, Ethel T Coupland and Daniel Webster Trask and recorded in Book 1085, Page 269 both of the New Hanover County Registry The property descriptions contained in said deeds are hereby incorporated by reference. 4 That the estate or interest acquired in or across said lands taken are described in Exhibit "B" of said Complamt and Declaration of Taking This the 13th day of November, 2000 NICHAEL F EASLEY Attorney General Robert O Crawford, III I'raiect No 6 258002B Special Deputy Attorney General Parcel No 023 ID No R 2633CB RETURNED TO Fe � c, �1~��� 2 0 0 0- 4 V K f Board of Commissioners - November 16, 2020 ITEM: 19- 7 - 10 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Regular DEPARTMENT: Planning PRESENTER(S): Ken Vafier, Planning Supervisor CONTACT(S): Ken Vafier; Rebekah Roth, Interim Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z20 -19) — Request by Trask Land Company, Inc. on Behalf of the Property Owner, TF Holdings Limited Partnership, to Rezone Approximately 350.01 Acres of Land Located at the Southeast Quadrant of the Interchange of Interstate 40 and Interstate 140 from 1 -2, Heavy Industrial District, and R -15, Residential District, to R -10, Residential District BRIEF SUMMARY: The applicant is proposing to rezone approximately 350.01 acres of land located at the southeast quadrant of the interchange of 1 -40 and 1 -140 from 1 -2 and R -15 to R -10. The property is a portion of approximately 509 acres owned by the applicant on the northeast and southeast quadrants of the interchange. This application is a general use or "straight" rezoning, which was the primary type of rezoning prior to the adoption of conditional zoning district provisions in 2012. Generally, a straight rezoning is intended for larger tracts without current plans for development. Under the county's performance residential standards, the residentially zoned area of the site would be permitted up to 625 dwelling units at a density of 2.5 du /ac as currently zoned, while the industrially zoned area could potentially accommodate up to 435,000 square feet of heavy industrial space. The proposed R -10 district could potentially allow up to 1,155 units at 3.3 du /ac. The 1,155 total potential units is an increase of 530 units more than would be allowed by -right under the current zoning districts. However, with the requested zoning change, the site will no longer be able to be developed with a variety of heavy industrial, manufacturing, and commercial uses. It is estimated the site would generate about 749 AM and 889 PM peak hour trips if developed under the parameters of the current zoning districts. Development under the proposed R -10 development could increase the estimated number of peak hour trips by approximately 76 in the AM peak and 175 trips in the PM peak compared to those potentially generated under the existing zoning. Traffic Impact Analyses are not required for a straight rezoning, as a specific development proposal is required to thoroughly analyze access, potential trip generation, and roadway improvements. If a future specific site development proposal estimates more than 100 peak hour trips will be generated, a TIA will be required in addition to the Technical Review Committee's review of all plans for compliance with applicable land use regulations. Any recommended roadway improvements will be completed as required by a TIA or through the NCDOT Driveway permitting process during the construction process. Using a generalized historic student generation rate, development within the proposed zoning district can be estimated to generate 277 (127 elementary, 58 middle, and 92 high) students, which is approximately 127 more than if developed under existing zoning. County Planning staff has worked with schools staff to analyze recent trends related to development patterns and student generation. From 2015 to 2019, student enrollment remained at a generally stable rate of just over 27,000 students enrolled despite the issuance of approximately 11,000 permits for new residential Board of Commissioners - November 16, 2020 ITEM: 20 units throughout the entire county. Using the generalized historic student generation rate, staff would have estimated that about 3,000 students would have been generated from the new units over the 5 -year period. However, this increase is not reflected in the enrollment data. As a result, recent trends indicate new residential development may be generating much less student population than the historic generation rate would have indicated and the student generation estimates for this proposal may be much greater than the actual resulting student growth. Additional information on school enrollment and capacity is included on page 9 of the staff report. The site is adjacent to interstate corridors on its western and northern boundaries and the remaining adjacent properties are undeveloped. Further south along Murrayville Road, properties are developed with single - family detached dwelling units in the R -15 district. While the surrounding area was zoned for low density housing in the 1970s, the 2016 Comprehensive Plan recommends a mixture of higher density housing and commercial uses in the area generally north of Murrayville Road. The 2016 Comprehensive Plan classifies the site as Community Mixed Use. The proposal is generally CONSISTENT with the Comprehensive Plan because the district is more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning. The Planning Board considered this application at their October 1, 2020 meeting. At the meeting, two members of the public spoke in opposition to the request, discussing concerns related to traffic congestion, access near Murrayville Elementary School, and maintenance of a property which is not part of the subject site. The Planning Board recommended approval of the application (4 -1), finding it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the densities and range of housing types allowed in the proposed zoning district would support existing and future community -level nodes, and while the current 1 -2 zoning designation would allow for the commercial uses recommended for Community Mixed Use areas, it is more commonly associated with Commerce Zones because of the range of industrial uses possible. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to an R -10 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the densities and range of housing types allowed in the proposed zoning district would support existing and future community -level nodes, and while the current 1 -2 zoning designation would allow for the commercial uses recommended for Community Mixed Use areas it is more commonly associated with Commerce Zones because of the range of industrial uses possible. Example Motion for Denial I move to DENY the proposed rezoning to an R -10 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. Board of Commissioners - November 16, 2020 ITEM: 20 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - November 16, 2020 ITEM: 20 SCRIPT for Zoning Map Amendment Application (Z20 -19) Request by Trask Land Company, Inc., on behalf of the property owner, TF Holdings Limited Partnership, to rezone approximately 350.01 acres of land located near the southeast quadrant of the interchange of 1 -40 and 1 -140, from 1 -2, Heavy Industrial District, and R -15, Residential District to R- 10, Residential District. 1 . This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval I move to APPROVE the proposed rezoning to an R -10 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the densities and range of housing types allowed in the proposed zoning district would support existing and future community -level nodes, and while the current 1 -2 zoning designation would allow for the commercial uses recommended for Community Mixed Use areas it is more commonly associated with Commerce Zones because of the range of industrial uses possible. Board of Commissioners - November 16, 2020 ITEM: 20- 1 - 1 Example Motion of Denial I move to DENY the proposed rezoning to an R -10 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning to an R -10 district. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - November 16, 2020 ITEM: 20- 1 - 2 STAFF REPORT FOR Z20 -19 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z20 -19 Request: Rezoning to R -10 district Applicant: Property Owner(s): Trask Land Company, Inc. TF Holdings Limited Partnership Location: Acreage: SE quadrant of interchange of 1 -40 and 1- 350.01 140 PID(s): Comp Plan Place Type: Portion of R02700- 001 - 002 -000 south of 1- 140 R02700 -001 - 054 -000 Community Mixed Use R02700- 001 - 055 -000 R02700- 001 - 056 -000 Existing Land Use: Proposed Land Use: Undeveloped The property would be allowed to be developed in accordance with the R -10 district Current Zoning: Proposed Zoning: 1 -2, Heavy Industrial and R -15, Residential R -10, Residential Existing Zoning `10 P B -1 Z r ` ?� 0 &I ' A R -1 Jr g AVID m " �g -2 10 I -1 f \ \ \� TIVERTON � Z20-19 14 [Ratio yalk jam NQ�v -P 1 I R-10 1 seaG�aoer o■ r„ r_7ew Hanover County, ' Z20 -19 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 1 Page 1 of 16 SURROUNDING AREA July 7, 1972 LAND USE ZONING North 1 -140 Right -of -Way N/A East Undeveloped R -15 South Undeveloped R -15 West 1 -40 Right -of -Way N/A ZONING HISTORY July 7, 1972 Initially zoned R -15 (Areas 8A, 813) August 2, 1999 1 34.71 acres zoned 1 -2 via Z -674. Acreage subsequently decreased slightly by 1 -140 right -of -way acquisition. COMMUNITY SERVICES Not currently available through CFPUA, however it is anticipated to be Water /Sewer served by CFPUA via extension of services from Murrayville Road at time of development. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Murrayville Murrayville Elementary, Trask Middle, and Laney High schools Schools For more information, see the Schools section of this report. Recreation Olsen Park, Smith Creek Park Z20 -19 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 2 Page 2 of 16 CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Conservation Resource maps indicate that a small area of Pocosin Wetlands may be present on the far southern border of the property. The location of any wetlands will be verified during the TRC review process. Historic No known historic resources Archaeological No known archaeological resources APPLICANT'S PROPOSAL • This application proposes to rezone 350.01 acres from 1 -2 (approximately 99.83 acres on the western portion of the site) and R -15 (approximately 250.18 acres on the eastern portion of the site) to R -10. Area Proposed for Rezoning with Acreage • The 1 -2 zoning was approved by the Board of Commissioners in 1999 as part of a larger rezoning that included land north of the current location of 1 -140. The property was split once right -of -way was acquired by NCDOT, and the portion north of the alignment was zoned 1 -1. • According to the applicant, the proposed zoning will allow for the provision of housing for future development in a land use pattern that is more consistent with the 2016 Comprehensive Land Use Plan. Z20 -19 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 3 Page 3 of 16 ZONING CONSIDERATIONS • Under the County's performance residential standards, the current residentially zoned portion of the property (R- 15250.18 acres) could allow up to 625 dwelling units at a maximum density of 2.5 (du/ac). • The portion of the property zoned 1 -2 (approximately 99.83 acres) is generally estimated to support approximately 435,000 square feet of industrial uses (assembly, fabrication, packaging, and transport) based on a typical 10% building area for this type of zoning. For comparison, the acreage of the 1 -2 area is similar to the area of Northchase Industrial Park along Corporate Drive just west of 1 -40. Although Northchase Industrial Park is zoned PD, it was initially anticipated that the existing 1 -2 area would develop with a land use pattern comparable to that of the Northchase Industrial Park at the time it was zoned I -2. v `.A A 4- ` 1 140 V Comparable Area of Industrial Property in Northchase C:ownt,, NC • If developed at the maximum R -10 density of 3.3 units per acre, this could yield a potential maximum of 1,155 dwelling units. Z20 -19 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 4 Page 4 of 16 • Although there are a limited number of civic, institutional, educational, and recreational uses permitted by -right in the R -10 district, the typical development pattern in these districts do not include such uses. Any proposed non - residential use would be subject to the applicable site design and approval provisions within the UDO. AREA SUBDIVISIONS UNDER DEVELOPMENT Z20 -19 Staff Report 1 1.16.2020 Page 5 of 16 Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 5 Residential Industrial /Commercial Typical Development under Current Zoning: R -15: 625 Dwelling Units 1 -2: — 435,000 sf Typical Development under Proposed Zoning: R -10: 1,155 Dwelling Units None Net Change: + 530 Dwelling Units - 435,000 sf AREA SUBDIVISIONS UNDER DEVELOPMENT Z20 -19 Staff Report 1 1.16.2020 Page 5 of 16 Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 5 TRANSPORTATION • The site is accessed by Murrayville Road, an NCDOT maintained collector road. • Traffic Impact Analyses are not required for a straight rezoning, as a specific development proposal is required to thoroughly analyze access, potential trip generation, and roadway improvements. • Before any development can occur on this site, the Technical Review Committee will review all plans for compliance with applicable land use regulations, including any recommended roadway improvements from traffic impact analyses to ensure adequate traffic safety and distribution. Recommended roadway improvements will be completed as required by a TIA or through the NCDOT Driveway permitting process. • The portion of the site currently zoned R -15 would be permitted a maximum of 625 dwelling units under the performance zoning standards, which is estimated to generate about 449 AM and 590 PM peak hours. The trips generated from the existing 1 -2 portion of the property would vary based on the proposed uses within this district. If this portion of the site was developed with a typical approximate 10% building footprint, approximately 435,000 sf of heavy industrial uses or comparable development is estimated to generate about 300 AM trips and 299 PM trips in the peak hours. The total number of potential trips generated under the current zoning districts is approximately 749 AM and 889 PM peak hour trips. Z20 -19 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 6 Page 6 of 16 • Under the proposed zoning district, 1,155 dwelling units could potentially be constructed on the site, which is estimated to generate about 825 trips in the AM and 1,064 trips in the PM peak hours, likely over a longer -term phased development. • If developed at the maximum density for the R -10 district, the proposal could generate approximately 76 AM peak hour trips and 175 PM peak hour trips more than if developed as currently zoned. • As there is not a specific development proposal at this time to analyze traffic impacts for, staff has provided the volume to capacity ratio for roadways in the vicinity of the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. • The most recent traffic counts in the area indicate capacity currently exists on the Murrayville Road and N College Road corridors. NCDOT Average Annual Daily Traffic (AADT) - 2018 Road Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM 6100 Block (east of N College R -15: 625 single - family 12,500 0.79 homes 449 AM / 590 PM Typical Development under 1 -2: 435,000 sf Current Zoning: Manufacturing (ITE 140) 300 AM / 299 PM 49,250 TOTAL: 749 AM / 889 PM Potential Trip Generation R -10: 1,155 performance 825 AM / 1,064 PM under Proposed Zoning: units 2700 Block (south of Murrayville Potential Net Change under _ + 76 AM / + 175 PM Proposed Zoning: J Road) • As there is not a specific development proposal at this time to analyze traffic impacts for, staff has provided the volume to capacity ratio for roadways in the vicinity of the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. • The most recent traffic counts in the area indicate capacity currently exists on the Murrayville Road and N College Road corridors. NCDOT Average Annual Daily Traffic (AADT) - 2018 Road Location Volume Capacity V/C Murrayville Road 6100 Block (east of N College 9,900 12,500 0.79 Road) N College Road 2400 Block (north of Murrayville 23,000 49,250 0.47 Road) N College Road 2700 Block (south of Murrayville 23,000 49,250 0.47 Road) Z20 -19 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 7 Page 7 of 16 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses y Approved 7�{ Under Review Under Draft a w - ••• -•• STIP Project Miles w 717- 0 0.3 0.6 v n N Z20 -19 1 Mile Radius RC/ Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. • There have not been any recent TIA's in the vicinity of the subject site that would impact the nearby transportation network expected to be used by development on this site. Z20 -19 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 8 Page 8 of 16 ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • The northern portion of the site is within the Prince George Creek watershed and the southern portion is within the Smith Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation), III (severe limitation), and a small area of Class IV (unsuitable) soils. However, the site is expected to be served by CFPUA as utilities become available. OTHER CONSIDERATIONS SCHOOLS • Students generated from this development would be assigned to Murrayville Elementary, Trask Middle, and Laney High schools. Students may apply to attend public magnet, year - round elementary, or specialty high schools. • A maximum of 625 dwelling units would be permitted under the current R -15 zoning base density, and 1,155 units could potentially be developed under the proposed zoning for an increase of 530 dwelling units. • Based on average student generation rates,* there are an average of 0.24 public school students (0.11 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. Development within the proposed zoning district can be estimated to generate 277 (127 elementary, 58 middle, and 92 high) students, which is approximately 127 more than if developed under existing zoning. • County Planning staff has worked with Schools staff to analyze recent trends related to development patterns and student generation. From 2015 to 2019, student enrollment remained at a generally stable rate of just over 27,000 students enrolled despite the issuance of approximately 11,000 permits for new residential units throughout the entire county. Using the generalized historic student generation rate, staff would have estimated that about 3,000 students would have been generated from the new units over the 5 -year period. However, this increase is not reflected in the enrollment data. As a result, recent trends indicate new residential development may be generating much less student population than the historic generation rate would have indicated and the student generation estimates for this proposal may be much greater than the actual resulting student g rowth. Development Type Intensity Estimated Student Generation Existing Development Undeveloped Total: 0 (0 elementary, 0 middle, 0 high Typical Development 625 residential units Total: 150 under Current Zoning (69 elementary, 31 middle, 50 high) Potential Development Total: 277 under Proposed Zoning 1,155 residential units (127 elementary, 58 middle, 92 high) Districts *Average student generation rates are calculated by dividing the projected New Hanover County public school student enrollment for the 2020 -2021 school year by the estimated number of dwelling units in the county. While different housing types and different locations typically yield different numbers of students, these average generation rates can Z20 -19 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 9 Page 9 of 16 provide a general guide for the number of students to anticipate. Total projected student enrollment was used, which includes students attending out -of- district specialty schools, such as year -round elementary schools, Isaac Bear, and SeaTECH. School Enrollment* and Capacity ** - 2021 -2022 Estimates *Enrollment is based on projected New Hanover County Schools enrollment for the 2020 -2021 school year. * *Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn't specifically designed with those spaces. CONTEXT AND COMPATIBILITY • The subject property is located adjacent to the southeastern quadrant of the interchange of 1 -40 and 1 -140, which separates the western and northern boundaries of the site from adjacent land -uses. • The site has access via private roadways to Murrayville Road, which is an NCDOT maintained collector road. The site is adjacent to undeveloped property on the eastern and southern boundaries. Closer to Murrayville Road, the land use pattern transitions to single - family residential developments and Murrayville Elementary School. • The proposed district provides a transition from the high- intensity adjacent interstates to undeveloped land and existing single - family neighborhoods in the vicinity of the subject property. • The proposed zoning district eliminates the potential for heavy industrial uses. • While the majority of this area was zoned for low density housing in the early 1970s, the 2016 Comprehensive Plan recommends a mixture of higher density housing and commercial uses generally north of Murrayville Road. Z20 -19 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 10 Page 10 of 16 Total Enrollment of Capacity of % of Funded Level NHC % School Assigned Assigned Capacity of Capacity Capacity School School w/ Assigned Upgrades Portables School Elementary 97% Murrayville 526 643 82% None Middle 107% Trask 717 662 108% None High 105% Laney 2063 1903 108% None *Enrollment is based on projected New Hanover County Schools enrollment for the 2020 -2021 school year. * *Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn't specifically designed with those spaces. CONTEXT AND COMPATIBILITY • The subject property is located adjacent to the southeastern quadrant of the interchange of 1 -40 and 1 -140, which separates the western and northern boundaries of the site from adjacent land -uses. • The site has access via private roadways to Murrayville Road, which is an NCDOT maintained collector road. The site is adjacent to undeveloped property on the eastern and southern boundaries. Closer to Murrayville Road, the land use pattern transitions to single - family residential developments and Murrayville Elementary School. • The proposed district provides a transition from the high- intensity adjacent interstates to undeveloped land and existing single - family neighborhoods in the vicinity of the subject property. • The proposed zoning district eliminates the potential for heavy industrial uses. • While the majority of this area was zoned for low density housing in the early 1970s, the 2016 Comprehensive Plan recommends a mixture of higher density housing and commercial uses generally north of Murrayville Road. Z20 -19 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 10 Page 10 of 16 Representative Developments of R -10: Rachel's Place Planter's Walk Z20 -19 Staff Report 1 1.16.2020 Palm Grove Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 11 Page 11 of 16 Representative Developments of R -15: Grayson Park Clay Crossing Z20 -19 Staff Report 1 1.16.2020 Plantation Landing Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 12 Page 12 of 16 Representative Industrial Developments: N Kerr Industrial Park Dutch Square Z20 -19 Staff Report 1 1.16.2020 N Kerr Industrial Park Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 13 Page 13 of 16 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use 7 Focuses on small - scale, compact, mixed use development patterns that serve Place Type all modes of travel and act as an attractor for county residents and visitors. Description Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi - family and single - family residential. The Community Mixed Use place type designation encourages a mix of uses, including single- and multi - family residential, commercial, civic, mixed -use, and recreational uses. Typical zoning associated with this place type includes moderate density residential, commercial, office and institutional, and mixed -use. The Community Mixed Use place type provides opportunities for moderate - density housing (up to 15 units /acre) but lower density residential development is appropriate when limitations to mixed use developments Analysis exist, such as the subject property's lack of direct access to 1 -40, 1 -140, or an existing collector street. In general, the proposed R -10 rezoning is more consistent with the residential densities and types of uses allowed under existing R -15 and 1 -2 zoning. The R -10 base density of 3.3 dwelling units /acre is more consistent with that range than the 2.5 units /acre base density allowed in the R -15 district. In addition, the current 1 -2 zoning designation would allow for the commercial uses recommended for Community Mixed Use areas but is more commonly associated with Commerce Zones because of the range of industrial uses possible. Z20 -19 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 14 Page 14 of 16 The proposed R -10 zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district is more in line with the densities Consistency and uses recommended for Community Mixed Use areas than the existing Recommendation zoning. Additionally, the densities and range of housing types allowed in the proposed zoning district would support existing and future community - level nodes. PLANNING BOARD ACTION The Planning Board considered this application at their October 1, 2020 meeting. At the meeting, two members of the public spoke in opposition to the request, discussing concerns related to traffic congestion, access near Murrayville Elementary School, and maintenance of a property which is not part of the subject site. The Planning Board recommended approval of the application (4 -1 ), finding it to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning. The Planning Board also found recommending APPROVAL of the rezoning request is reasonable and in the public interest because the densities and range of housing types allowed in the proposed zoning district would support existing and future community - level nodes, and while the current 1 -2 zoning designation would allow for the commercial uses recommended for Community Mixed Use areas it is more commonly associated with Commerce Zones because of the range of industrial uses possible. Z20 -19 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 15 Page 15 of 16 STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to an R -10 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the densities and range of housing types allowed in the proposed zoning district would support existing and future community - level nodes, and while the current 1 -2 zoning designation would allow for the commercial uses recommended for Community Mixed Use areas it is more commonly associated with Commerce Zones because of the range of industrial uses possible. Alternative Motion for Denial I move to DENY the proposed rezoning to an R -10 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. Z20 -19 Staff Report 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 20- 2 - 16 Page 16 of 16 FRT1-5-1, mv], � � As ko7coms -7. DMI VA aVIA T(M moof Err Case: Site Address: Existing Zoning /Use: Proposed Zoning Z20 -19 SE quadrant R -15, 1 -2/ R -10 of 1 -40 and 1 -140 Undeveloped 7� 462 • • 3100` • 3004 ,• • 0, • off ��* � � . • � +,`��1 sue. s,�tl Subject Site r% 1 � r\ i PD a a Site R -15 APPLICANT MATERIALS Board of Commissioners - November 16, 2020 ITEM: 20- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798-7165 FAX (910) 798 -7053 pianni ngdevelopment.nhcgov.com ZONING MAP AMENDMENT APPLICATION This application form must be completed as part of a zoning map amendment application submitted through the county's online OAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.2 of the Unified Development Ordinance. Public Hearing Praaedures 1. Applicant and Property Owner Information Applican tJAgenj�t( fName 6,r-(j48(- Owner Name (if fdifferen�t _fJromnAp,Cplicant/A/g�ent) j� iota) Parcel(s) Acreage Existing Zoning and Uses) Company r, Company /Owner Name 2 Address X751 - IA" &FcA - Road 21 U Address � s 71 Oloc,,Je � � ��i t� �� • r� 1 City, Stater Zip �( Us�M- '%P-,, OL City, State, Zip �r // U1M ;03i.,1, N[.. ZiS Phone 910 - � 055 Phone Email %( rdn1 rtl �VOO(.AjCa. tore, i Email Z. Subject Property Information Address /Location q fj� Parcel Identification Number(s) i [[ iota) Parcel(s) Acreage Existing Zoning and Uses) Proposed Zo ing District(s) 10 Future Lane! Use Classification W U Applicant Tracking Information {This section completed by std o Case Number. Date /Time Received. Received by: y , tk I �I112° j , j*j A 1 61 s Page 7 of 4 Board of Commissione ;ODIWO'&Rb'�P9rgin2(�pplicatian — Updated 02 -2020 ITEM: 20- 7 - 1 3. Zoning Mop Amendment Considerations Requests for general rezonlrrgs do not consider a particular land use but rather all of the uses permitted in the requested zoning district for the subject property. Rezoning requests must be consistent with the New Hanover County 2016 Comprehensive Plan and the Unified Development Ordinance. Zoning Map amendments reclassify the land that is subject of the application to the requested zoning district classification(s) and subjects it to the development regulations applicable to the district(s). The applicant must explain, with reference to attached plans (where applicable), how the proposed Zoning Niap amendment meets the following criteria. (attach additional pages if necessary) 1. How would the requested change be consistent with the County's policies for growth and development, as described to the 2016 Comprehensive Plan, applicable small area plans, eft.? 2. How would the requested zoning change be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map? VIVA I G 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? 0e(A5e, See i rage 2 of 4 Zoning Mop Amendment Application — Updated 02.2020 Board of Commissioners - November 16, 2020 ITEM: 20- 7 - 2 4. How will this zoning change serve the public interest? 1 lef.s e- Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are Included and confirm by initialing under "Applicant Initial ". Applications determined to be incomplete must be corrected in order to be processed for further review. Application Checklist This application form, completed and signed © Application fee: e $500 for 5 acres or less $600 for more than 5 acres 0 Lego] description (by metes and bounds) or recorded survey Mop Book and Page Reference of the property requested for rezoning 0 One (1) hard copy of ALL documents 0 Acknowledgment and Signatures Form (if applicable) ❑ One (1) digital PDF copy of ALL documents AND plans Staff initial Ul.► _ -_Y`/ V Y—\/ Page 3 of 4 Zoning lvhap Amendment Application — Updated 02 -2020 Board of Commissioners - November 16, 2020 ITEM: 20- 7 - 3 4. Acknowledgement and Signatures By my signature below, i understand and accept all of the limitations and obligations of the Zoning Map amendment for whkh I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this opplication Is complete and that all information presented In this application is accurate to the best of my knowledge, information, and belief. if applicable, I also appoint the applicant /ogent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materiolsi 2. Appear at public hearings to give �tp sentatlon and comments; and 3. Acton my behalf without Ilmit!q9trns with regard to any and all things directly or indirectly connected with or arising out of this applicat )R�i t SQL Signature of PropWY Owner(s) Print kj`Name(s) ii►rjow. Sig t re of Applicant /Agent Print Name Note. This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Page 4 of 4 Zaning Neap Amendment Application — Updated 02 -2020 Board of Commissioners - November 16, 2020 ITEM: 20- 7 - 4 Subject Property, Parcel ID Number(s): PID R02700- 001 -002 -000, R02700- 001 -055 -000, R02700- 001 -054 -000, R02700- 001 -055 -000 Total Parcel(s) Acreage: 350.1 Existing Zoning and Uses: • Zoning District Map R -15, and 1 -2 Proposed Zoning District(s): R -10 Future Land Use Classification: COMMUNITY MIXED USE Questions 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc.? The requested change to rezone the portion of PID R02700- 001 - 002 -000 south of 1 -140 and all three pond sites to R -10 would align with the Comprehensive Plan as it would allow for more density in a growing area of the county. This property is near a projected growth node and would help supply different housing types to residents in the area, most of which is single family detached. 2. How would the requested zoning change be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map? This site is currently classified as community mixed use. The predominant focus on the new Future Land Use Map is mixing land uses. We would like for a broader mix of residential units (e.g. single - family, townhomes and multi- family) and the ability to utilize the existing 60 ac lake to create a more vibrant and diverse residential community New Hanover County leaders and citizens desire. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? The lack of access to 1 -140 and Sidbury Road from the southern portion of the property makes the property less suited for an industrial use. Having a consisting property zoning will help the property owners with future land planning strategy. 4. How will this zoning change serve the public interest? The proposed rezoning change will help provide different housing options for a growing county. While industrial developments often dominate a highway landscape, avoiding such development Board of Commissioners - November 16, 2020 ITEM: 20- 7 - 5 will better preserve the natural beauty of the land and New Hanover County's unique sense of place. Board of Commissioners - November 16, 2020 ITEM: 20- 7 - 6 Maps Z.,N. 1q, K-11,11 ; t3 L Parcel Mau PARID: 802700-M-002-000 TIF HOLDINGS LIMITED PTNRP Land Information: Fqr Dawoo Owners6p Irpform&V:jn CLOCK PID: R02700-001-002-000 MAPID: 324GO6.38.6364.000 MAPIDKEY- 324006.38.6364 Calculated Acreage: 458.65 Qkk for ELM ZCQMIQ j ZonIVADistricts Board of Commissioners - November 16, 2020 ITEM: 20- 7 - 7 i•,�F�A1P":1i7 i -z ;f ?' i��;ri,:�:ir ?t,i r',f.J�i ; ?r.:i;; "' ;:'1 Light Purple: I -1 (Light Industrial) Dark Purple: 1 -2 (Heavy Industrial) Orange: R -15 (Residentia -15; allowed density 2.5 units/acre) COMMUNITY MIXED USE iLl 1 Board of Commissioners - November 16, 2020 ITEM: 20- 7 - 8 op I� r • r r s s • • • s • • s r • *r Exhibit A Legal Description/Page Referen Board of Commissioners ' November 1O.2020 1j 5, }e' 1 EXHIBIT A FIRST: In fee simple, all of Pond Site 1 as shown upon that composite MOP or Rewton Place by Arnold W. Carson recorded in the New Hanover County Registry In Map Book 41 at Page 254 , SECOND: In fee simple, all of that 1120' Roadway Strip to be conveyed with Pon" d—ISH t" shown upon said reap recorded in said Registry In Map Book 41 at Page 250 • subject to the non - exclusive right of the Grantor, Its successors and a- `g—slIgns, to use the same as an access assament, or to cross the same from East to West or from West to East. THIRD: A non- exclusive access easement In, to, through and over the '50' Ingress grass Easement" centered on the 20' Roadway Strip described as the Second Tract In this Instrument, and a nonrexclusive access easement in, to, through and over the "50' Ingress /Egress Easement" across Tract A, all as shown upon said map recorded In said Registry in Map Book 41 at Page 25 . The two 50 -foot easements described in this paragrashaii expire and become null and void on September 1, 2005; and all improvements to the same shall become the property of the Grantor, free and clear from any and all claims by the Grantee, FOURTH: A non- exclusive access easement In, to, through and over the "30�ngresslEgress Easement" running from Pond Slte 1 and Pond Site 2 to West Bay Road, as shown upon said map recorded In sold Registry In Map Book 41 at Page 250 ; provided, however, that the Grantor reserves the right to relocate this sement, but any such relocation must still provide access from Pond Sites 1 S 2 to and from West Bay Road. Board of Commissioners - November 16, 2020 ITEM: 20- 7 - 10 Pad�e- I EXHIBIT A LEGAL DESCRIPTION Lying and being in Cape Few Township, New Hanover County, North Carolina, and lyi4 on the south aide of, but not adjacent to Sidbwy Road (SR # 1336) and being a pert of those lands owned by TF Holdings Limited Paftership, as recorded in Deed Book 1783, Page 1251, of the New Hanover County Registry and being more particularly described as follows; Beginning at an eAsthr g spike, the northeast corner of "Pond Site I" on a map entitled "Composite Map of the Newton Place" and recorded in Map Book 41, Page 250 of said Registry, said spike being located N57°0959 "W 1699.34' fi-o m a corner shown on said map having NC Grid Cook North 205360.5239 East 2345687.0145 combined factor 1.000006894, NAD `1983; thence, 1. N84'10'24"W 1071.41' along the northern edge of said "Pond Site 1" to a stake; thence, along the westena line of "Pond Site 2", as shown on the aforementioned map 2. N20°15'38 "E 396.54' to a stake; thence a new line 3. S83 °57138 "E 1208.84' to a stake in the east line of said "Pond Site 2 ",, thence, as said line 4. S37 042139" W 447.W to the beginning and containing 10.00 acres, more or less. GTY 0155%mb oirm w gNtrtrry��� Arnold W. Carmen, PLS, PC Date 406 North Third Strad WilmkgW%NC 28401 (910) 772 -9113 Board of Commissioners - November 16, 2020 ITEM: 20- 7 - 11 Poill 5'66- 3 2006 @38713 2700 -001- 054400 2700 - 001055 -000 Tax Parcel No. ltinn_nni- m;c..nnn STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER THIS DEED, made this A—# day of GRANTOR Ct •lid. LINDSAY b SONS, INC., a North Carolina corporation, i►fibse mailing address is R. 0. Box 1587, Lumberton, North Carolina 28359 FOR 4EO757RR7I4N RoY R OF GEMS ME affis BK >5@f� PVW1618 FEE; 172 11�r1 12 0:39fi13 RFMRNfD TO Drawn by Lloyd S. Elkins, Jr. Returned to: 1.4Ne WARRANTY DEED J &4t 2006, by and between GR,A -NTEE TF HOLDINGS LIMITED PARTNERSHIP. it North Carolina limited partnership, whose mailing address Is , 1202 Eastwood Rood, Wilmington, North Carolina 16403 The designation Grantor and Grantee as used herein shall Include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by cantext. WITNES5ETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which Is hereby acknowledged, has and by these presents does hereby grant, bargain, sell and convey unto the Grantee in fee simple, all that certain 101 or parcel of land $)Tuated In the City of Cam Fmr - TownshJp, Llew jan &C _ _ ounty, ort ti aroZ: li a, and more particu�rTy ge— scribed as fo�ws; All of the property In New Hanover County, North Carolina, conveyed to the grantor by TP Holdings Limited Partnership by conveyances of record In said County, Including without limitation all of the fee simple tracts and all of the easements, express or itoplied, conveyed by those instruments recorded in the New Hanover County Registry in Book 3073 at Page 479, Book 3621 at Page 117, and Book 4159 at Page 167. Board of Commissioners - November 16, 2020 ITEM: 20- 7 - 12 TO HAVE AND TO HOLD the above granted and described premises, together with all and singular, the rights, privileges, easements, tenements, and appurtenances thereunto belonging, or in any wise appertaining, unto the- Grantee, in fee simple forever. Except for the matters hereinabove stated, if any, the Grantor covenants to and with the Grantee that the Grantor is seized In fee of the above granted and described premises, and has good right to sell and convey the some in fee simple; that the title thereto Is free and t=ear from any and all encumbrances; and that the Grantor will WARRANT and DEFEND the title to the some against the lawful claims and demands of any and all persons whomsoever. IN TESTIMONY WHEREOF, the Grantor has duly executed this instrument, this the day and year first above written, ATTEST: C. M. LINDSAY & SONS, INC. tory 8 y F s7ent - %'k' i* • �VA M 0 1.4 . t6 V,- .MORTH CAROLINA OF NEW HANOVER I, r ' Na ry Public of the County and State farasad, cartify that onally came beFare me this day and acknowledged that ahe a Secretary of k r Lindsay and Sons, Inc., a North Carolina corporation, and that by I ¢ '.Q.�,:, duly given and as the act of the corporation, the foregoing lnstrurs � 4k slgna in its name by Its Preskjent, seated with corporate seat an _ by DLbr& as its Secretary. C� Witness my hand and official stamp or seal, this the^ My commission expires: �� �• "',�-i1�"' "" 01-8 aoll Board of Commissioners - November 16, 2020 ITEM: 20- 7 - 13 JR REBISTRRTION ARY SUE OOTS PEO16MR OF ADS Nc • NGRTR CAROLINA 2090` gi 3M1T Nw NEW HANOVER COUNTY t 2854 Pc 297 -291 FEE' $a oe IHSTRUI7E FR a 659139 DEPARTMENT OF TRANSPORTATION, plaintiff, RAIFORD G TRASK, JR , D WEBSTER TRASK and wife, JULIA C TRASK, and ETHEL T COUPLAND and husband, HOWARD W COUPLAND, Defendants JAM Notice i W ew -1 i0111C7 r'r-y k H,u'lwwa 'TJ 15 & (01,073-0 I L� o a F' 1 That on the 13th day of November, 2004, the Department of Transportation, under the provisions of Article 9, Chapter 136 of the General Statutes, instituted the above - captioned civil action in the Superior Court of New Hanover County by the fi.lmg of Complaint and Declaration of Taking and by the issuance of summons, that pursuant to G S 136 -104, the interest and area specified in said Complaint and Declaration of Taking vested in the Department of Transportation on said date 2 That the above -named defendants are the persons who the Department is informed and believes may have or claim to have an interest m said lands 3 That the property which is the subject of this action is described as follows Those certain lands lying and being in Cape Fear Township, New Hanover County, North Carolina and being more particularly described as follows Being those lands described and conveyed in the following deeds (1) deed dated December 5, 1980 to D Webster Trask, Ethel T Coupland and Raiford G Trask, Jr and recorded in Book 1178, Page 733, and (2) deed dated December 28,1976 to Raiford G Trask, Jr, Ethel T Coupland and Daniel Webster Trask and recorded in Book 1085, Page 269 -- both of the New Hanover County Registry The property descriptions contained in said deeds are hereby incorporated by reference. 4 That the estate or uiterest acqu-,red in or across said lands taken are described in Exhibit "B" of said Complaint and Declaration ofTakiug This the 13th day of November, 2000 MICHAEL F EASLEY Attomey General Robert 4 Crawford, III Special Deputy Attorney General Project No 6 258002B Parcel No 023 ID No R- 2633CB RETURNED TO Fe , 2 0 0 a - 4 7 ss p r�� S V I l � � � Board of Commissioners - November 16, 2020 ITEM: 20- 7 - 14 MARY SUE OOTS REGISTER OF DEEDS, NEW HANOVER JUDICIAL BUILDING 316 PRINCESS STREET WILMINGTON, NC 28401 klrkkr¢ rtk# 1lkk# fklkk# kkikkkirkkRMk' Mk# riklirtkikFkkf/ itrtkkkkkrtkklkki�Mkk !*ilKkk #ikil7illvlrNil1lFbkk�k MtYkkkkd kk # #kkk *ikkkkft #lk+tkkYkk Filed For Registration 11115!2000 01.23 17 PM Book RE 2834 Page' 297 -298 Document No.. 658731 MEMO 2 PGS $6.00 Retarder MARViS ANN STORER State of North Carotins, County of New Hanover MARY SUE OOTS , REGISTER OF DEEDS By., DeputylAseislsmik Register of deeds *65813 1 &58137 Board of Commissioners - November 16, 2020 ITEM: 20- 7 - 15 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Regular DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Ron Meredith; Brad Schuler, Senior Planner; and Rebekah Roth, Interim Planning and Land Use Director SUBJECT: Quasi - Judicial Hearing Special Use Permit Modification Request (Z17 -08M) — Request by Lee Kaess, PLLC on Behalf of the Property Owner, McAdams Homes, LLC, to Modify the Special Use Permit for the Landing at Lewis Creek Estates to Allow 17 Additional Single - Family Lots Within the Development BRIEF SUMMARY: This application proposes to modify the Special Use Permit for The Landing at Lewis Creek Estates development in order to add 17 single - family dwellings. The Special Use Permit for the development was issued in 2017 as part of the Conditional Use District (CUD) rezoning of the site. The approval allowed for 230 single - family dwellings and 192 multi- family units, totaling 422 dwelling units at 4.95 du /ac. The issuance of the Special Use Permit in 2017 determined the use met the four conclusions required for a special use permit, including that the use is in harmony with the area and in general conformity with the Comprehensive Plan. A minor modification to the project was administratively approved in 2018 allowing 40 single - family dwellings to be reassigned as townhome dwellings. The maximum of 422 dwelling units did not change. The Additional Dwelling Allowance standards in the R -15 district permit a maximum density of 10.2 du /ac, which equates to 869 dwelling units on the subject property. The applicant's current proposal is approximately 51% of the maximum allowable dwelling units. The proposed expansion will bring the total number of dwelling units to 439 (5.15 du /ac) from 422 (4.95 du /ac). Typically, single - family dwellings generate approximately one trip in the peak hours. The proposed addition would allow 17 more dwellings, which would generate about 17 trips in the AM peak hours and 19 trips in the PM peak hours. A Traffic I mpact Analysis (TIA) was conducted for the proposed development in 2017 and approved by the WMPO and NCDOT. The applicant has completed the required traffic improvements including signal installation at the Gordon Road and Blount Drive (site access), light timing adjustments along Gordon Road, and turn lane modifications at the site access, Gordon /North College Road and Gordon /1 -40. The WMPO and the NCDOT have determined an update to the Traffic Impact Analysis (TIA) is not required for this requested Special Use Permit modification and the completed improvements are sufficient to handle the additional traffic generated by 17 single - family dwellings units. Using a generalized historic student generation rate, the proposed development can be estimated to generate 4 (2 elementary,1 middle, and 1 high) more students than currently allowed. County Planning staff has worked with Schools staff to analyze recent trends related to development patterns and student generation. From 2015 to 2019, student enrollment remained at a generally stable rate of just over 27,000 students enrolled despite the issuance of Board of Commissioners - November 16, 2020 ITEM: 21 approximately 11,000 permits for new residential units throughout the entire county. Using the generalized historic student generation rate, staff would estimate about 3,000 students generated from the new units over the 5 -year period. However, this increase is not reflected in the enrollment data. As a result, recent trends indicate new residential development may be generating much less student population than in the past. A detailed analysis of schools is located in the Staff Report on page 13. The subject property is located just east of the intersection of 1 -40 and Gordon Road. The proposed addition is interior to an existing partially developed neighborhood. This phase is proposed to be built by the same developer and it is located in an area with a mixture of single - family homes and townhomes. The Comprehensive Plan classifies the site as Urban Mixed Use. This classification promotes development of a mix of residential, office, and retail uses at higher densities. The proposed modification expands the residential use that currently exists on the site. The requested 5.15 du /ac is within the residential density range of approximately 16+ units per acre that is outlined for the Urban Mixed Use place type and the moderate- to high - densities recommended for Urban Mixed Use areas. The Planning Board considered this application at the October 1, 2020 meeting. Three people spoke in opposition to the Special Use Permit modification. People speaking in opposition cited concerns including traffic, previously approved apartments, and additional density associated with the request. The applicant initially requested an additional 18 single - family dwellings for the October 1, 2020 Planning Board meeting, however, the applicant has since amended the proposal and reduced the request to 17 single - family dwellings. The Planning Board recommended approval of the application (4 -1) based on preliminary findings of fact. No changes to the existing 2017 Special Use Permit conditions (below) or additional conditions are proposed. 1. The proposed private right -of -ways shall be open for public use and placed within a public access easement. 2. Streetscape landscaping and buffering, consistent with that of which is required for high density developments adjacent to single - family developments, shall be installed around the multi- family structures to provide a screen from the single - family lots located within the development. 3. A 20 -foot wide access easement shall be dedicated to the county along Smith Creek in order to allow for the future installation of a multi-use path in accordance with the Wilmington /N HC Greenway Plan. RECOMMENDED MOTION AND REQUESTED ACTIONS: Example Motion for Approval: Motion to approve, as the board finds that this application for a Special Use Permit modification meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following conditions be added to the development: Suggested Condition(s): No changes to the existing 2017 Special Use Permit conditions or additional conditions are proposed. Example Motion for Denial: Board of Commissioners - November 16, 2020 ITEM: 21 Motion to deny, as the board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) The board's decision to approve or deny an application for a Special Use Permit should be based solely on the competent and material evidence presented during the public hearing. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - November 16, 2020 ITEM: 21 SCRIPT for SPECIAL USE PERMIT Application (Z17 -08M) Request by Lee Kaess, PLLC on behalf of the property owner, McAdams Homes, LLC, to modify the Special Use Permit for the Landing at Lewis Creek Estates to allow 17 additional single - family lots within the subdivision. 1 . Swear witnesses: Announce that "the Special Use Permit process requires a quasi - judicial hearing; therefore, any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Thank you." 2. This is a quasi - judicial hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 3. Conduct hearing, as follows: a. Staff presentation b. Applicant' s presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's cross examination /rebuttal (up to 5 minutes) e. Opponent's cross examination /rebuttal (up to 5 minutes) 4. Close the hearing 5. Board discussion b. Ask Applicant whether he /she agrees with staff findings. 7. Vote on the Special Use Permit application. Motion to approve the permit - All findings are positive. ❑ Motion to approve the permit, subject to conditions specified below: (State Conditions) ❑ Motion to deny the permit because the Board cannot find: a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: ❑ b. That the use meets all required condition and specifications: Board of Commissioners - November 16, 2020 ITEM: 21- 1 - 1 c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: d. 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 Comprehensive Land Use Plan for New Hanover County: Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit modification meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following conditions be added to the development: Suggested Condition(s): No changes to the existing 2017 Special Use Permit conditions or additional conditions are proposed. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons to why it is not being met] STAFF REPORT FOR Z17 -08M SPECIAL USE PERMIT MODIFICATION APPLICATION OVERVIEW • This application proposes to modify the Special Use Permit for The Landing at Lewis Creek Estates development in order to add 17 single - family dwellings. The Special Use Permit for the development was issued in 2017 as part of the Conditional Use District (CUD) rezoning of the site. The approval allowed for 230 single - family dwellings and 192 multi - family units, totaling 422 dwelling units at 4.95 du/ac. • The issuance of the Special Use Permit in 2017 determined the use met the four conclusions required for a special use permit, including that the use is in harmony with the area and in general conformity with the Comprehensive Plan. Consideration of the modification should relate to the impacts of the proposed 17 additional single - family dwellings and not the entire 439 dwelling units that would be included in the development. APPLICATION SUMMARY Case Number: Z17 -08M Request: Modification to a Special Use Permit to allow 17 additional Single - Family dwellings in The Landing at Lewis Creek Estates Subdivision Applicant: Property Owner(s): Amy Schaefer of Lee Kaess, PLLC McAdams Homes, LLC Location: Acreage (Total Site) 4700 block of Gordon Road 85.19 acres PID(s): Comp Plan Place Type: R04300- 008 - 061 -000, R04300- 008 - 015 -000, R04300-008-126-000, R04300- 008 -062 -000, Urban Mixed Use R04300- 008 -01 2 -000, R04300- 008 - 128 -000, R04300 -008 -168 -000, and R04300- 008 - 127 -000 Existing Land Use: Proposed Land Use: Residential Development consisting of single - family Addition of 17single- family lots dwellings, townhomes, and multi - family units. Current Zoning: (CUD) R -15 Z17 -08M Staff Report BOC 1 1.1 6.2020 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 1 Page 1 of 18 io q i4 p4m., - ZONING HISTORY July 7, 1972 Initially zoned R -15 (Area 8B) April 7, 1986 The subject property was rezoned to 0&1 (front 300 feet) and B -2 (Z- Archaeological 262) The subject property was rezoned to Conditional Use R -15 Zoning District, September 5, 2017 and an Additional Dwelling Allowance Special Use Permit was issued in order to develop 230 single - family lots and 192 apartment units. COMMUNITY SERVICES Water /Sewer The development will connect to CFPUA water and sewer services. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire Archaeological District, New Hanover County Murrayville Station Blair Elementary, Eaton Elementary, Trask Middle, and New Hanover High Schools schools For more information, see Schools section of this report Recreation Smith Creek Park & Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The property contains swamp forest wetlands along Smith Creek. These wetlands are subject to the standards of the conservation resources. The proposed lots will not impact the wetlands subject to these standards. Historic No known historic resources Archaeological No known archaeological resources Z17 -08M Staff Report BOC 1 1.1 6.2020 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 3 Page 3 of 18 CURRENT SITE PLAN • The Special Use Permit was approved in 2017 and allows for a total of 422 dwelling units (4.95 du /ac) consisting of 230 single - family dwellings and 192 multi - family units. • A minor modification to the project was administratively approved in 2018 allowing 40 single - family dwellings to be reassigned as townhome dwellings. The maximum of 422 dwelling units did not change. 2017 Approved Site Plan with Staff Markups To Market To I \ _ Street Area of Minor Modificati ®n - - Multi - Family O --• j i l i i l i i l l l l l l l i i i l i j •— _. ilIlllllllllilllll! [ A j I I I I I I I 1 1 1 1 1 i I I I ._ • i i i i i ............. i g �._.�. Sin le -Famil Y Detached i _ T - 111111 _ _ Z17 -08M Staff Report BOC 1 1.1 6.2020 Page 4 of 18 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 4 2V 1 S Site Plan with 5tatt Markups To Ma To 1 -40 1 -40 Gordon Road Exit P -SSW c SHEET C —A. _ Townhomes I Multi - Family �`� -_ o ���stMrl -1LI .H I I I I I I I I I I 11 f Tl-,� �R-F4 SMH S M G- ss H C f ESC -a.9 �I uu _II� S EE'f C�a. -- _ HTTT�1T4 dn1S T1� I I I I I I I .1 -SHEET G -4.10 1 1 I I I I I I PROPOSED CONCEPTUAL PLAN • This application proposes to modify the existing Special Use Permit to construct 17 additional single - family dwellings. • The 17 dwellings are proposed to be placed in the same general location where single - family homes were initially approved in 2017, prior to the modification. • The proposed expansion will bring the total number of dwelling units to 439 (5.15 du /ac) from 422 (4.95 du /ac). • The Additional Dwelling Allowance standards in the R -15 district permit a maximum density of 10.2 du /ac, which equates to 869 dwelling units on the subject property. The applicant's current proposal is approximately 51 % of the maximum allowable dwelling units. Z17 -08M Staff Report BOC 1 1. 16.2020 Page 5 of 18 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 5 - I I— - L-SS - Y C_ SHEET T2 �- KEff-fiG -4.1 -- S5�HH�SH Town SEETI Single- Family i' __ -- - _ Detached o - — - _T PROPOSED CONCEPTUAL PLAN • This application proposes to modify the existing Special Use Permit to construct 17 additional single - family dwellings. • The 17 dwellings are proposed to be placed in the same general location where single - family homes were initially approved in 2017, prior to the modification. • The proposed expansion will bring the total number of dwelling units to 439 (5.15 du /ac) from 422 (4.95 du /ac). • The Additional Dwelling Allowance standards in the R -15 district permit a maximum density of 10.2 du /ac, which equates to 869 dwelling units on the subject property. The applicant's current proposal is approximately 51 % of the maximum allowable dwelling units. Z17 -08M Staff Report BOC 1 1. 16.2020 Page 5 of 18 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 5 The proposed site plan has been reviewed by the Technical Review Committee (TRC) and complies with the Additional Dwelling Allowance standards within the Unified Development Ordinance. 2020 Proposed Conceptual Plan with Staff Markups To Market To 1 -40 Street MAI Road Exit Proposed Single- Family I T 1.. 1 T nvil ITT I I Approved _I Develo ment _j Z17 -08M Staff Report BOC 1 1. 16.2020 Page 6 of 18 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 6 LAND USE CURRENT DWELLING UNITS PROPOSED DWELLING UNITS CHANGES IN DWELLING UNITS Single - Family Dwellings 190 207 17 Apartments 192 192 No change Townhome Units 40 40 No change Increase of 17 dwellings AREA SUBDIVISIONS UNDER DEVELOPMENT \BAVAR1AS! age W ' ;. 0 Cane Garden Village 52 32 20 Gordon Road Townhomes 56 0 56 Total 1 108 1 32 1 76 "'Based on Buildv?.g Permits cnd Aerial Photo.qrnphy** ' h _ } Gordon4Road _ ■ i Z17 -08M Staff Report BOC 1 1. 16.2020 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 7 Page 7 of 18 TRANSPORTATION • Access is provided to the subject property by Gordon Road (SR 2048), a minor arterial street. Primary Access Points to Major Roadways MOWN i MEN Flr- VIA &V • Typically, single - family dwellings generate approximately one trip in the peak hours. The proposed addition would allow 17 more dwellings, which would generate about 17 trips in the AM peak hours and 19 trips in the PM peak hours. • A Traffic Impact Analysis (TIA) was conducted for the proposed development in 2017 and approved by the WMPO and NCDOT. The applicant has completed the required traffic improvements including signal installation at the Gordon Road and Blount Drive (site access), light timing adjustments along Gordon Road, and turn lane modifications at the site access, Gordon /North College Road and Gordon/1-40. • The WMPO and the NCDOT have determined an update to the Traffic Impact Analysis (TIA) is not required for this requested Special Use Permit modification and the completed Z17 -08M Staff Report BOC 1 1. 16.2020 Page 8 of 18 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 8 improvements are sufficient to handle the additional traffic generated by the 17 single - family dwelling units. Notable improvements to Gordon Road at Lewis Landing Avenue Z17 -08M Staff Report BOC 1 1. 16.2020 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 9 Page 9 of 18 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses Approved Under Review Under Draft fl� A - r - 1 - a of mini •� w n � _ J,....... \` v STIP Project U -5792 and U -5881 9 ,N-STON _ " RYE a KINGS - ElK1N5 LORC7 SYR ICJ, moo sEx, � CALDER � w i� fLL14m" A \ LCRO T ]]JJ11 fl SP,RIN\ i\ Z. - CRE, rew ; =--- - -!-- t-i _z� L'A of r 1 i • . I~v s ifFWd Smith Creek Village Development TIA Approved 10 i e �, YID.- c'�.��'�•.. �.'. . a • a Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Nearby NC STIP Projects: • U -6202 (Gordon Road Improvements) o The NC State Transportation Improvement Program includes (U -6202) that will widen Gordon Road to multi -lanes from US HWY 17 (Market Street) to 1 -40. Currently this project is scheduled for right of way acquisition in 2025 and construction is currently not funded. Z17 -08M Staff Report BOC 1 1.1 6.2020 Page 10 of 18 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 10 • U -5792 (College /MLK Interchange) & U -5881 (College Road Improvements) • The NC State Transportation Improvement Program includes two projects (U -5792 & U -5881) that will upgrade College Road from Gordon Road to New Centre Drive. NCDOT's recommended plans for these projects include converting certain intersections along College Road into interchanges, including at MLK Parkway and Kings Drive. • The production schedule for the College/MLK Interchange and College Road Improvements projects were to begin right -of -way acquisition in 2024 and 2025, respectively, and bidding of the projects in 2026 and 2028, respectively. However, both of these projects are currently on hold for the foreseeable future. Proposed Development Land Use /Intensity TIA Status • 207 single - family dwellings • TIA approved September 6, 1. The Landing at 2017 Lewis Creek • 40 townhome units • TIA approved September 16, (Subject Site) • 192 multi - family units 2020 • 2021 Build Out Year The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Extend the northbound turn lane on Gordon Road and North College Road/1-40 westbound ramps. • Extend the existing westbound left -turn lane and extend the existing southbound left turn lane on Gordon road and North College Road/1-40 eastbound Ramps. • Signalize the intersection of Gordon and Blount Drive (site access). Provide coordination with the signals along Gordon Road. Provide a westbound -left turn lane on Gordon Road and provide and eastbound right turn lane on Gordon Road at the site access. • At site access provide an internal protected stem, north bound approach a minimum left turn lane and through -right turn lane. Nearby Proposed Developments included within the TIA: • Gordon Road Buy Quick Development Status: 190 lots have been platted at this time. Currently all roadway improvements have been completed. Z17 -08M Staff Report BOC 1 1.1 6.2020 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 11 Page 11 of 18 Proposed Development Land Use /Intensity TIA Status 2. Smith Creek Village • 318 multi - family units • TIA approved February 7, Development 2019 • 2020 Build Out Year The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • A revision of the signal plan at US HWY 1 17/NC132 (North College Road) and I -40. • At site access construction of a right in right out only access and stop control for egress traffic. • Gordon Road and Blount Drive, construction of a westbound and southbound turn lanes. • Revision of signal plan at Gordon Road and Blount Drive. Nearby Proposed Developments included within the TIA: • The Landing at Lewis Creek Estates Subdivision Development Status: Completed, Currently All Roadway Improvements Have Been Completed. ENVIRONMENTAL • The southern portion of the property contains Special Flood Hazard Areas along Smith Creek. These flood areas include an AE floodway, AE flood zone (100 -year floodplain), and Shaded X flood zone (500 -year floodplain), however, the proposed 17 additional single - family dwellings are not located within any flood zones. • The property contains regulated wetlands and access to the 17 dwelling units will require wetland crossing and impact permits from the U.S. Army Corps of Engineers. Most of the wetlands area is located in the southern portion of property along Smith Creek. These wetlands adjacent to Smith Creek are subject to the county's conservation resources standards. • The property is not located within a Natural Heritage Area. • The subject property is within the Smith Creek (SA;HQW) watershed. • Soils on the property consist of Class II (moderate limitation), Class III (severe limitation) and Class IV (unsuitable) soils, however, this project must install public water and sewer service in accordance with the standards for Additional Dwelling Allowance developments and CFPUA. Z17 -08M Staff Report BOC 1 1.1 6.2020 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 12 Page 12 of 18 OTHER CONSIDERATIONS SCHOOLS • Students generated from this development would be assigned to Blair Elementary, Trask Middle, and New Hanover High schools. Students may apply to attend public magnet, year -round elementary, or specialty high schools. • 422 dwelling units are permitted under the current (CUD) R -15 zoning, and 439 dwelling units would be allowed under the proposed modification, for an increase of 17 dwellings. • Based on average student generation rates,* there are an average of 0.24 public school students (0.11 elementary, 0.05 middle, and 0.08 high) generated per dwelling unit across New Hanover County. The proposed modification can be estimated to generate 4 (2 elementary, 1 middle, and 1 high) more students than currently allowed. *Average student generation rates are calculated by dividing the projected New Hanover County public school student enrollment for the 2020 -2021 school year by the estimated number of dwelling units in the county. While different housing types and different locations typically yield different numbers of students, these average generation rates can provide a general guide for the number of students to anticipate. Total projected student enrollment was used, which includes students attending out -of- district specialty schools, such as year -round elementary schools, Isaac Bear, and SeaTECH. School Enrollment* and Capacity * * - 2021 -2022 Estimates Intensity Estimated Student Generation Existing Development: 422 residential units Total: 101 (45 elementary, 23 middle, 33 high) Proposed Development: 439 residential units Total: 105 (47 elementary, 24 middle, 34 high) Net change: + 4 students (2 elementary, 1 middle, 1 high) *Average student generation rates are calculated by dividing the projected New Hanover County public school student enrollment for the 2020 -2021 school year by the estimated number of dwelling units in the county. While different housing types and different locations typically yield different numbers of students, these average generation rates can provide a general guide for the number of students to anticipate. Total projected student enrollment was used, which includes students attending out -of- district specialty schools, such as year -round elementary schools, Isaac Bear, and SeaTECH. School Enrollment* and Capacity * * - 2021 -2022 Estimates *Enrollment is based on projected New Hanover County Schools enrollment for the 2020 -2021 school year. * *Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn't specifically designed with those spaces. Z17 -08M Staff Report BOC 1 1. 16.2020 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 13 Page 13 of 18 Total NHC Enrollment of Capacity of o /o of Capacity Funded Level o School Assigned School / of Assigned Capacity Capacity School School Upgrades Portables Elementary 97% Blair 526 554 95% None Middle 107% Trask 717 662 108% None High 105% New Hanover 1,532 1,648 93% None *Enrollment is based on projected New Hanover County Schools enrollment for the 2020 -2021 school year. * *Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn't specifically designed with those spaces. Z17 -08M Staff Report BOC 1 1. 16.2020 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 13 Page 13 of 18 CONTEXT AND COMPATIBILITY • The subject property is located just east of the intersection of 1 -40 and Gordon Road. • The proposed addition is interior to an existing partially developed neighborhood. This phase is proposed to be built by the same developer and it is located in an area with a mixture of single - family homes and townhomes. Representative Developments of R -15 with Additional Dwelling Allowance: �S 9 The Landing at Lewis Creek Estates Townhomes Adjacent to Subject Site Single - Family Homes Adjacent to Subject Site Z17 -08M Staff Report BOC 1 1.1 6.2020 h0 = W_ W-mlilo-M The Landing at Lewis Creek Estates Townhomes Adjacent to Subject Site Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 14 Page 14 of 18 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. . ;�m � _- �__._� J'r - - •� �� �''1�� WON-47) W �► *�Ijf ��hVlr��� Description small recreation, commercial, institutional, single - family, and multi - family residential. The proposed expansion is located in the existing Landing at Lewis Creek long+ Pi Estates subdivision which is located along Gordon Road just east of the 1 -40 and Gordon Road interchange. The area where the additional homes are proposed abuts a property used for a wireless telecommunications tower and two vacant, residential -zoned properties. The subject property is designated as Urban Mixed Use in the Analysis Comprehensive Plan which supports a mix of uses at moderate- to high - intensities, including moderate- to high- density residential uses. The plan's intent is to allow more commercial options and higher residential densities in this area in order to take advantage of the proximity to nearby basic goods and services and to help reduce long travel distances and associated levels ° of traffic along Gordon Road and surrounding streets. �; ,►�•� 110 MWEEMM Commissioners determined that the densities and housing types included in = a t�rrtt�•r�:�� � ���� ► ■ ,■ � Proposed 17 L* Lots �� �`J��� ♦� ���' ��' {fir �' Mon Future Land Use Map Place Type Urban Mixed Use Promotes development of a mix of residential, office, and retail uses at Place Type higher densities. Types of uses encouraged include office, retail, mixed use, Description small recreation, commercial, institutional, single - family, and multi - family residential. The proposed expansion is located in the existing Landing at Lewis Creek Estates subdivision which is located along Gordon Road just east of the 1 -40 and Gordon Road interchange. The area where the additional homes are proposed abuts a property used for a wireless telecommunications tower and two vacant, residential -zoned properties. The subject property is designated as Urban Mixed Use in the Analysis Comprehensive Plan which supports a mix of uses at moderate- to high - intensities, including moderate- to high- density residential uses. The plan's intent is to allow more commercial options and higher residential densities in this area in order to take advantage of the proximity to nearby basic goods and services and to help reduce long travel distances and associated levels of traffic along Gordon Road and surrounding streets. During review of the existing Special Use Permit in 2017, the Board of Commissioners determined that the densities and housing types included in the Landing at Lewis Creek Estates subdivision were appropriate for this Z17 -08M Staff Report BOC 1 1.1 6.2020 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 15 Page 15 of 18 area because the project could provide affordable workforce housing. They also found that it increases the probability that commercial land uses would be developed on vacant land within the nearby area, thereby contributing to the mixed -use development pattern promoted by the plan. The proposed modification expands the residential use that currently exists on the site. It would allow for 17 new single - family lots, which would increase the total density (including existing units) from 4.95 units per acre to 5.15 units per acre. This is within the residential density range of approximately 16+ units per acre that is outlined for the Urban Mixed Use place type and the moderate- to high- densities recommended for Urban Mixed Use areas. STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. Finding 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. The site is accessed from Gordon Road, a minor arterial street. B. Water and sewer services will be provided and designed in accordance with CFPUA's standards. C. The subject property is located in the New Hanover County Northern Fire Service District. D. The 17 additional single - family dwellings are not located within any flood zones and are not located within any Special Flood Hazard Area. E. A Traffic Impact Analysis (TIA) was completed for the proposed development in 2017 and approved by the WMPO and NCDOT. The applicant has completed the required traffic improvements including signal installation, light timing adjustments, and turn lane modifications. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is zoned (CUD)R -15, Residential District with an Additional Dwelling Allowance Special Use Permit that allows a maximum of 422 dwelling units. B. The site plan has been reviewed by the Technical Review Committee and complies with all applicable technical standards including Unified Development Ordinance (UDO) Section 3.1.3.E.1: Additional Dwelling Allowance. Finding 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. The surrounding area contains similar residential uses. B. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. Z17 -08M Staff Report BOC 1 1.1 6.2020 Page 16 of 18 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 16 Finding 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 2016 Comprehensive Plan classifies the area proposed for the development as Urban Mixed Use, and the proposal aligns with the intent of this land use classification. The proposal provides housing at densities consistent with what is encouraged in this place type and along with the adjacent land uses, allows for the desired mix of uses. Existing Conditions No changes to the existing 2017 Special Use Permit conditions (below) or additional conditions are proposed. 1. The proposed private right -of -ways shall be open for public use and placed within a public access easement. 2. Streetscape landscaping and buffering, consistent with that of which is required for high density developments adjacent to single - family developments, shall be installed around the multi - family structures to provide a screen from the single - family lots located within the development. 3. A 20 -foot wide access easement shall be dedicated to the County along Smith Creek in order to allow for the future installation of a multi -use path in accordance with the Wilmington/NHC Greenway Plan. 4. Five feet of right -of -way shall be dedicated to NCDOT along Gordon Road for the purpose of allowing for future roadway improvements. This right -of -way dedication shall be in addition to any right -of -way dedication required as a result of the TIA and driveway permit. PLANNING BOARD ACTION The Planning Board considered this application at the October 1, 2020 meeting. Three people spoke in opposition to the Special Use Permit modification. People speaking in opposition cited concerns including traffic, previously approved apartments, and additional density associated with the request. The applicant initially requested an additional 18 single - family dwellings for the October 1, 2020 Planning Board meeting, however, the applicant has since amended the proposal and reduced the request to 17 single - family dwellings. The Planning Board recommended approval of the application (4 -1; Absent — J. Rawl and P. Boney) based on preliminary findings of fact. Z17 -08M Staff Report BOC 1 1.1 6.2020 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 17 Page 17 of 18 EXAMPLE MOTIONS Example Motion for Approval: Motion to recommend approval, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Motion to recommend denial, as the Board cannot find that this proposal: 1 . Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met] Z17 -08M Staff Report BOC 1 1.1 6.2020 Board of Commissioners - November 16, 2020 ITEM: 21- 2 - 18 Page 18 of 18 Case: Site Address: Z17 -08M 4700 block Gordon Rd 1,000 Feet Existing Zoning/Use: CUD R -15/ Residential Development :161.1 Proposed Zoning/ Use: CUD R -15/ Residential Development Subject Site Zoning Districts El B-1 El AC El R-7 El PD ❑ CB ❑ 1 -1 ❑ R -10 ❑ RMF -X E B -2 01-2 ❑ R -15 ❑ RFMU �1 0 CS ❑ AR ❑ R -20 ❑ UMXZ rt R =10 SC ❑ RA 0 R -20S Il� ❑ 0&1 ❑ R -5 ❑ EDZD 4� ® Indicates Conditional Use District (CUD) ry % / //, Indicates Conditional Zoning District (CZD) ICOD See Section 55.1 of the Zoninq Ordinance Rai Incorporated Areas jSHOD Case: Site Address: Existing Zoning/Use: Proposed Zoning/ Use: Z17 -08M 4700 block CUD R -15/ CUD R -15/ it Gordon Rd Residential Development Residential Development N Subject Site Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE c`-1 12s 1 / 1 '[1 7-1-1:11 1 N //f 4 7`»��� -L / l 1`7�— `1 COMMUNITY MIXED USE Cn v� C in 7r�a� - � ' •� y � � 3 -0.- -_ �. �, d pr RURAL RESIDENTIAL �>r Loral - f m��r- Lor 1,000 Feet�yBanr�r -` rd Byrom =Byro Rc1 CONSERVATION APPLICANT MATERIALS Board of Commissioners - November 16, 2020 ITEM: 21- 6 - 1 DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 1 10 Wilmington, North Carolina 28403 Telephone (910) 798 -7165 FAX (910) 798 -7053 plan ningdevelopment.nhcgov.com SPECIAL LISF PFRMIT APPI Ir ATInki IIYI♦ This application form must be completed as part of a special use permit application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application; are set out in Section 10.3.5 of the Unified Development Ordinance. MY the proposed use is classified as intensive industry, the applicant shall conduct a community information meeting in accordance with Section 10.2.3, Community Information Meeting. 1. Applicant and Property Owner Information Applicant /Agent Name Owner Name (if different from Applicant /Agent) Amy C. Schaefer Company Lee Kaess, PLLC Address 3414 Wrightsville Avenue City, State, Zip Wilmington, NC 28403 Phone 910.399.3447 Email amy@leekaess.com 2. Subject Property Information Address /Location 4718 Gordon Road. Total Parcel(s) Acreage ,95 19 )- acres Existing Zoning (CUD) R -15 McAdams Homes, 11C Company /Owner Name 2 Address 6626 -C Gordon Road City, State, Zip Wilmington, NC 28405 Phone 910.798.3006 Email grady@mcadarnshornes.net arcrava�o-#rr R04300-008-0[5-000, 143 00- 00 8-06 1-00 0, R04300 -0108 -126 -000, R04300- 008 -062 -000. 14300 -008 -012 -000, R04300- 008 -0128 -000, 804300- 008 -168 -000 Use(s) Future Land Use Classification R -15 with SUP for additional dwelling ally Applicant Tracking Information (This section completed by staff) Case Number. Date /Tithe Received: I Received by. Page 1 of 6 Special Use Permit Application — Updated 02 -2020 Board of Commissioners - November 16, 2020 ITEM: 21- 7 - 1 3. Proposed Zoning, Use(s), & Narrative Please list the proposed use(s) of the subject property, and provide the purpose of the special use permit and a project narrative (attach additional pages if necessary). On September 5, 2017 the Board of Commissioners approved rezoning approximately 85 acres from B -2 and O &I to (CUD) R -15. The Applicant requests a modification to the existing (CUD) R -15 zoning to conform to the new UDO and permit an additional 18 single family lots under the R -15 with a Special Use Permit for Additional Dwelling Allowance. R -15 High Density allowed for 10.2 units /acre; however, the prior (CUD) R -15 development approval only requested 422 units with a proposed density of 4.95 units /acre. The current modification, request for R -15 with a Special Use Permit for Additional Dwelling Allowance to add 18 lots to the current approvals, will bring the total unit count to 440 units for a density of 5.15 units /acre which is 50.6% of the allowable units. 4. rroposed Londition(s) Please note: Within a special use permit proposal, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding zoning district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be included with this special use permit application below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process that meet or exceed the minimum requirements of the Unified Development Ordinance. 1. Streetscape landscaping and buffering, consistent with that of which is required for high density developments adjacent to single- family developments, shall be installed around the multi - family structures to provide a screen from the signle- family lots located within the development. 2. A20 -foot wide access easement shall be dedicated to the County along Smith Creek in order to allow for the future installation of a multi -use path in accordance with the Wilmington /NHC Greenway Plan. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: 18 single family lots Trip Generation Use and Variable (gross floor area, dwelling units, etc.) 172 total daily trips AM Peak Hour Trips: 14 PM Peak Hour Trips: 18 Page 2 of 6 Special Use Permit Application — Updated 02 -2020 Board of Commissioners - November 16, 2020 ITEM: 21- 7 - 2 6. Criteria Required for Approval of a Special Use Permit A use designated as a special use in a particular zoning district is a use that may be appropriate in the district, but because of its nature, extent, and external impacts, requires special consideration of its location, design, and methods of operation before it can be deemed appropriate in the district and compatible with its surroundings. The purpose is to establish a uniform mechanism for the review of special uses to ensure they are appropriate for the location and zoning district where they are proposed. For each of the four required conclusions listed below, include or attach a statement that explains how any existing conditions, proposed development features, or other relevant facts would allow the Board of County Commissioners to reach the required conclusion, and attach any additional documents or materials that provide supporting factual evidence. The considerations listed under each required conclusion are simply those suggested to help the applicant understand what may be considered in determining whether a required conclusion can be met. Any additional considerations potentially raised by the proposed use or development should be addressed. I. The use will not materially endanger the public health ar safety if located where proposed and approved. Considerations: • Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersections with curb cuts; • Provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection; Soil erosion and sedimentation; Protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater, or • Anticipated air discharges, including possible adverse effects on air quality. The project would be accessed by Gordon Road, a public right of way maintained by the NC DOT. Water and sewer will be provided from the C17PUA system. Permitting by all State and County agencies will be required at the onset of coilst'r uctions. 2. The use meets all required conditions and specifications of the Unified Development Ordinance. The project will have direct access to Gordon Road and existing major arterial roadway. Public sewer and water service will be provided. Storm -water management for both quality and quantity control is proposed. The Comprehensive Plan classification is Urban Mixed use which provides for multi- family and single family residential and is a classification which permits the Additional Dwelling Allowance. Page 3 of 6 Special Use Permit Application — Updated 02 -2020 Board of Commissioners - November 16, 2020 ITEM: 21- 7 - 3 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity, Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). • Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property. The Protest is proposed along a corridor where a variety of single lainily and multi- family hoaxing already exists, 'lie property is adjacent to (i) Undeveloped land to the south buffered by adequate open space (ii) underdeveloped land to the cast currently zoned R -15 and (iii) College Road and Gordon Road. The single family and nn :iltiple fancily will Provide adequate buffering and updated materials to add to the quality of the project and assure no adverse impact to the property value of adjacent Owners. 4. 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 New Hanover County Comprehensive land Use Plan. Considerations: • The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved (i.e. buffers, hours of operation, etc.). • Consistency with the Comprehensive Plan's goals, objectives for the various planning areas, its definitions of the various land use classifications and activity centers, and its locational standards. The Comprehensive Plan calls for development to provide for a range of housing types, opportunities, and choices. Approval of die proverty for R -15 and a Sn,rial tic, n,r,,,;r C— if— a,r,r;i;......0 n.., n:.__ ,,,,._.. - --- -- - __ , . , .. Page 4 of 6 Special Use Permit Application — Updated 02 -2020 Board of Commissioners - November 16, 2020 ITEM: 21- 7 - 4 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N/A ". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an application is complete within five business days of submittal. Application Checklist Applicant Initial Staff Initial ❑ This application form, completed and signed ._ ❑ Application fee: • $500; $250 if application pertains to a residential use (i.e. mobile home, duplex, family child care home). ❑ Traffic Impact Analysis (if applicable) ❑ Site Plan including the following elements: • Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of land, structures and other improvements • For residential uses, this shall include number, height, and type of units; area to be occupied by each structure; and /or subdivided boundaries. • For non - residential uses, this shall include approximate square footage and height of each structure, an outline of the area it will occupy, and the specific purposes for which it will be used. • Development schedule, including proposed phasing • Traffic and parking plan; including a statement of impact concerning local traffic near the tract; proposed right -of -way dedication; plans for access to and from the tract; location, width, and right -of -way for internal streets and locations; arrangement and access provisions for parking areas • All existing and proposed easements, reservations, required setbacks, rights - of -way, buffering, and signage • The location of Special Flood Hazard Areas, if applicable • The approximate location of US Army Corps of Engineers Clean Water Act 04-w+►bearw", hers a�relwWen�l9mr Av &tetrait l•9 vwefi�v wetlands under jurisdiction of the NC Department of Environmental Quality. • Location, species, and size (DBH) of regulated, significant, or specimen trees • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by Federal or State law or local ordinance. • Any other information that will facilitate review of the proposed special use permit (Ref. Section 10.3.5, as applicable) ❑ Applications for uses in the intensive industry category must also submit: • Community meeting written summary • A list of any local, state, or federal permits required for use One (1) hard copy of ALL documents AND 5 hard copies of the site plan. Additional ❑ hard copies may be required by staff depending on the size of the document /site plan. ❑ One (1) digital PDF copy of ALL documents AND plans Page 5 of 6 Special Use Permit Application — Updated 02 -2020 Board of Commissioners - November 16, 2020 ITEM: 21- 7 - 5 7. Acknowledgement and Signatures By my signature below, i understand and accept all of the conditions, limitations, and obligations of the special use permit for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I understand that I have the burden of proving that the proposal meets the four required conclusions. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information, and belief. If applicable, I also appoint the applicant /agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby authorized on my behalf to: Submit an application including all required supplemental information and materials; Appear at public hearings to give representation and comments; and 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application. Signature of Property Owner(s) 4.—, atue o nt /Agen Grady Gordon of McAdams Homes, LLC Print Name(s) Amy C. Schaefer of Lee Kaess, FLLC Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. The land owner or their attorney _must be aresent far the appticalion at the public hearings If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has fan- Winila.ccstaodruadfax ttao.naY#u�atin na.faa:uuilL6wc t3� aquir�ct•-.. Lf. cGalc�.,. is. �raq�stec� ....._.....::.M:.:�H__ after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance, if the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. _— Applicant Tracking information (This section completed by staff) Application Completeness Determination Determination performed on Planning Board Received: Required by (date). (date). Meeting. Page 6 of b Special Use Permit Application — Updated 02 -2020 Board of Commissioners - November 16, 2020 ITEM: 21- 7 - 6 TRAFFIC IMPACT ANALYSIS MATERIALS Board of Commissioners - November 16, 2020 ITEM: 21- 8 - 1 305 Chestnut Street PO Box 1810 Wilmington, NC 28402 WMPO Ph: (910) 341 -3258 Fax: (910) 341 -7801 www.wmpo.org September 16, 2020 Mr. Don Bennett, PE Davenport Transportation Consulting 3722 Shipyard Blvd, Suite E Wilmington, NC 28403 RE: Revised approval of the Traffic Impact Analysis (TIA) associated with the proposed The Landing at Lewis Creek Estates Development New Hanover County, NC The WMPO, NCDOT, and New Hanover County staffs have reviewed The Landing at Lewis Creek Estates Development TIA revision dated July 28, 2017 as well as supplemental information provided on September 16, 2020. This Development consists of: • 208 Single Family Homes (LUC 210) • 40 Multi - Family Housing Low -Rise (LUC 220) • 192 Multi - Family Housing Mid -Rise (LUC 221) Based on review of the analysis provided in the TIA report, the following improvements are required by the developer: SR 2408 (Gordon Road) and Blount Drive /Site Access • Signalize the intersection and provide coordination with the signals along Gordon Road. • Provide a westbound left -turn lane on Gordon Road with 200 feet of storage and appropriate full -width deceleration and taper. • Provide an eastbound right -turn lane on Gordon Road with 200 feet of storage and appropriated full -width deceleration and taper. • Site access — northbound approach: • Provide a minimum of 400 feet of internal protected stem. • Proved a left -turn lane with a minimum of 400 feet of storage. • Provide a thru -right lane with a minimum of 400 feet of storage. Wilmington Urban Area Metropolitan Planning Organization City of Wilmington + Town of Carolina Beach • Town of Kure Beach • Town of Wrightsville Beach County of New Hanover • Tovgbiajoe3 f • County of Brunswick County of Pender • Cape Fear Public TransportajiPeoyttVroy 1 North Carolina Department of Transportation SR 2408 (Gordon Road) and 1 -40 Westbound Ramps • Extend the existing northbound right -turn lane on the ramp to provide 325 feet of storage and appropriate full -width deceleration and taper. SR 2408 (Gordon Road) and NC 132 (N. College Road) /1 -40 Eastbound Ramps • Extend the existing westbound left -turn lane on Gordon Road to provide maximum storage within the existing constraints. • Extend the existing southbound left -turn lane on N. College Road to provide 650 feet of storage and appropriate full -width deceleration and taper. If changes are made to the proposed site driveways and /or use, the current trip distribution may need to be modified and would require a revised Traffic Impact Analysis to be submitted for review by the NCDOT, WMPO, and New Hanover County. This approval would become null and void. The applicant is required to obtain all applicable New Hanover County and NCDOT permits for access to the road network. All applicable NCDOT and New Hanover County technical standards and policies shall apply. Please contact me at 910 - 772 -4170 with any questions regarding this approval. Sincerely, Kayla Grubb, El Project Engineer Wilmington Metropolitan Planning Organization ec: Mike Kozlosky, Executive Director, WMPO Bill McDow, Transportation Planner, WMPO Scott James, PE, Transportation Project Engineer, WMPO Ben Hughes, PE, District Engineer, NCDOT Jessi Leonard, PE, Division Traffic Engineer, NCDOT Eva Covarrubias, El, Transportation Engineering Associate, NCDOT Brad Schuler, Senior Planner, New Hanover County Ron Meredith, Current Planner, New Hanover County Board of Commissioners - November 16, 2020 ITEM: 21- 9 - 2 PROPOSED SITE PLAN Board of Commissioners - November 16, 2020 ITEM: 21- 10 - 1 \ \ I ---- - - - - -- --------------------- � I , I I----- - - - - -J /---- - - - - -- ---------- L - --------- ---------------------- 0 _ I I I II ---- - - - - -- I =JI + I i I I i I --------- - I - I - - - - - -- -I II II ---- - - - - -- - --- - - - - -- I I ' I I ----------------------- I I I ---- - - - - -I I I Al I - - -- - - -- 1 I - I I I I I III I L ^I- // a I � ' ` I I I - - - -- I I I - �---- - - - - -- I I 1===- - - - - -- � - - -'- , I__ _., - - -- '�-i - = = =- r.f===-- -_ - - -- - - - - - - - - - - - /\ I I I I I I I I I- , � --- - - - - -� i ili I i i'i I I 1111 i i I`I\ i '11 i -� I i I F�------ - - - -- - - -_ - - -- 1 rl,- - - - --, I - =`q' s - - -� I �r - - -- - - - - ' - - -J I1y I I / / / 1 __ 1 1 \ \ ♦ 1 I 1 1 -- I �" I I I I I I I .;;1� -I ;, I - , � �, - -II ��r_ - - -- I `\ //� 1`__ 1 11 1 1 ,\ - ♦` I I � I I I I I - -�L�II ' I ,'/ i I I I s I I' l l - -11 , I I I I I �. j III Illl I I . 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If - -" I � � , I I ' . - • • - ' • - ' • •� _ - ' (' j - tj\ / � , \� \;, w,x �I•IIIIF;- - `°"°' ;v11111; wa+1 �_- '- - -___ 11 I I ' I • .. .. - - \• \- •" `. ``.,,` \ ��`�`. :� II w:x� _ Jill III I - ----- .1w III I j ,.1w j (I \\ � \ - , - \ \\ \\ , I I �� : � �'�'o Q`•. e.a�K,�°a,a. ` :� w u. , \`\ ti` - •r AJ I ----- ---- - - - - -� It it It ®1 Revision , ITEM: 21- 11 -1 Designer Scale GSP 1" = 200' Drawn By Date GSP December 2017 License # Job No. P -0718 2017 -0002 THE LANDING AT LEWIS CREEK ESTATES Wilmington New Hanover County North Carolina I II I C; � II li I i I I I I I I I I I I I I I I I I I I I I I I I I r= I I I , I I I ' I ' I ' I ' I ' I ' I ' I ' I ' I ' I ' I ' I ' I ' I ' I I I ' I ' I I I I I ' I ' I I I ' I I I I I I I I I I I I I I I - - - -- - - -- - - -- - - -- - - - - - -- � I r -- - I - - -- I --- - - - - -- -- L. uIt J I - -rt I I 11 L I - ----------- � I I III I I I ' \ I I I I I I _ 1 / I I I I iil I i I I I I ,ter - - -u -- - - - - I ili � I I - -I I I I S I I Ill I , 1 I GENERAL NOTES: 1. NEW HANOVER COUNTY Pa,CEL NOS.: PIN 314918.31.1150A0 / PID R04300- 008 - 012 -000 PIN 314914.33.5311.000 / PID R04300- 008 - 013 -000 PIN 314914.32.4937.000 / PID R04300- 008 - 014 -000 PIN 314914.32.3936.000 / PID R04300- 008 - 014 -001 PIN 314914.22.8693.000 / PID R04300- 008 - 015 -000 SITE ADDRESS: 4718 GORDON ROAD 2. TOTAL TRACT AREA: 84.94 AC.± (3,700,032 S.F.) 3. ZONING DISTRICT: (CUD) R -15 SETBACKS: 25' PERIMETER SETBACK (FOR STRUCTURES OVER 25' SETBACK TO BE INCREASED BY 1 I I j j 1 1 WHEN ADJACENT TO RESIDENTIALLY ZONED PROPERTIES) THE LANDING AT LEWIS CREEK ESTATES Wilmington New Hanover County North Carolina I II I C; � II li I i I I I I I I I I I I I I I I I I I I I I I I I I r= I I I , I I I ' I ' I ' I ' I ' I ' I ' I ' I ' I ' I ' I ' I ' I ' I ' I I I ' I ' I I I I I ' I ' I I I ' I I I I I I I I I I I I I I I - - - -- - - -- - - -- - - -- - - - - - -- � I r -- - I - - -- I --- - - - - -- -- L. uIt J I - -rt I I 11 L I - ----------- � I I III I I I ' \ I I I I I I _ 1 / I I I I iil I i I I I I ,ter - - -u -- - - - - I ili � I I - -I I I I S I I Ill I , 1 I GENERAL NOTES: 1. NEW HANOVER COUNTY Pa,CEL NOS.: PIN 314918.31.1150A0 / PID R04300- 008 - 012 -000 PIN 314914.33.5311.000 / PID R04300- 008 - 013 -000 PIN 314914.32.4937.000 / PID R04300- 008 - 014 -000 PIN 314914.32.3936.000 / PID R04300- 008 - 014 -001 PIN 314914.22.8693.000 / PID R04300- 008 - 015 -000 SITE ADDRESS: 4718 GORDON ROAD 2. TOTAL TRACT AREA: 84.94 AC.± (3,700,032 S.F.) 3. ZONING DISTRICT: (CUD) R -15 SETBACKS: 25' PERIMETER SETBACK (FOR STRUCTURES OVER 25' SETBACK TO BE INCREASED BY 1 I I j j 1 1 WHEN ADJACENT TO RESIDENTIALLY ZONED PROPERTIES) SINGLE FAMILY - 10' SEPARATION BETWEEN STRUCTURES 1 i i MULTI- FAMILY - 20' SEPARATION BETWEEN STRUCTURES 4. THIS PROPERTY IS WITHIN A SPECIAL FLOOD HAZARD ZONE PER FEMA FLOOD INSURANCE I ; ; ; RATE MAP #3720314900K, EFFECTIVE DATE AUGUST 28, 2018, ELEVATION 17.0. 5. CAMA LAND CLASSIFICATION: URBAN MIXED -USE. I i i i 6. ROADS WITHIN THE SUBDIVISION WILL BE PRIVATE. 7. THIS PROPERTY DOES CONTAIN WETLANDS WHICH HAVE BEEN APPROVED BY THE USACOE. 18. THIS PROPERTY WAS LOGGED SEVERAL YEARS AGO AND BECAUSE OF THIS NO SIGNIFICANT TREES WERE FOUND ONSITE. I , DEVELOPMENT DATA: I , TOTAL TRACT AREA = 3,700,032 SF = 84.94 AC.± , DEVELOPMENT AREAS: PREVIOUS APPROVAL REVISION ' S SINGLE FAMILY HOMES - 1,356,948 SF = 31.15 AC.± 1,490,425 SF = 34.22 A AC.± TOWNHOMES - 196,474 SF = 4.51 AC.± 196,474 SF = 4.51 A AC.± APARTMENTS - 414,804 SF = 9.52 AC, ± 414,804 SF = 9.52 A AC,± RIGHT OF WAY - 411,071 SF = 9.44 AC.± 448,229 SF = 10.29 A AC.± DENSITY: �, • i I ; j j I I PREVIOUS APPROVAL - -- - - -- I I i i 190 SINGLE FAMILY LOTS + 40 TOWNHOME UNITS + 192 APARTMENT UNITS = 422 TOTAL UNITS ------ - 422 UNITS /85.19 AC = 4.95 UNITS /AC ' REVISION I ' 207 SINGLE FAMILY LOTS + 40 TOWNHOME UNITS + 192 APARTMENT UNITS = 439 TOTAL UNITS I 439 UNITS /84.94 AC = 5.17 UNITS /AC wo uc iwsa+ I I OPEN SPACE & REC. AREAS - OPEN SPACE = 35% x 84.94 AC. = 29.73 AC IMPROVED REC AREAS = 15% X 84.94 AC. = 12.74 AC. I TOTAL OPEN SPACE PROVIDED = 1,349,281 SF = 30.98 AC. ' IMPROVED REC AREA PROVIDED = 572,185 SF = 13.14 AC. I I AVERAGE LOT SIZE - 7,144 SF a R ROAD LENGTHS - Z i i PREVIOUS APPROVAL REVISION 9,036 LF 9,893 LF I BLDG. HGTS. - I APARTMENTS - 40' MEAN ROOF TOWNHOMES - 25' MEAN ROOF SINGLE FAMILY - 25' MEAN ROOF I PARKING - TOWNHOMES: 2.0 SP./UNIT REQUIRED = 40 UNITS 2.0 SP. /UNIT = 80 SPACES REQ'D ' 3.0 SP. /UNIT PROVIDED Q 1.0 SP. /GARAGE + 2.0 SP./18'X18' DRIVEWAY I = 40 UNITS 3.0 SP. /UNIT = 120 SPACES PROVIDED APARTMENTS: 64 - 1 BR UNITS X 1.5 SP. /UNIT = 96 116 -2 BR UNITS X 2.0 SP./UNIT = 232 /I 4-2 - 3-BR-TJNITS X 2.0 SP. /UNIT = 24 \�I 7 7;000 SF--CL- UBHOUSE /LEASING CENTER - 1 SP. /400 SF = 18 (A \\ TOTAL REQUIRED SPACES = 370 Q Q\_ _ / j i * ** 377 TOTAL SPACES PROV'D. (12 H /C) * ** I j ! I 1 _ J / PROPOSED BUA - BUILDINGS /LOTS - 902,109 S rJ / - \ ; X11 / I I PAVEMENT - 369,558 S.F-� // SIDEWALKS - 61 587-- S:f-------------------------------- - AM,ENIT1E -� ^ - 30.000 S.F. -r------------- - - - - - -- - /' - -Td At- 1 4,363,253 S.F. f36.9 0), - _ - - - - -- / - -- - - - -- --- -- 0 00 ®oo00"u OOOOOO / \ \ 00 // \ \\ 180 ONITS @1240 G14D + 259 UNITS' @ 360 GPD + +%,000 St CLUBHOUSEAlf ASING �ENTER.7 g go. �9r o / \ 100 PErpON PO L FACILI'II T Ql 10 GPD /PERSON I I °0 °0 It -- - ^\\ �' 175,6100 GPD i+ 4,200:G�D: + 1,000 IGPD = 180,800 GPD \ - -- --; I i I I ____ _ i G APHIC 1 CALE 1 `I - - -- I zoo 1 1 --0 --aoe- 400 - - _ _ _ \ \\ \ \\ i I j i i 1 inch = 200 ft. ' OVERALL PRELIMINARY PLAN PREPARED FOR: McADAMS HOMES, LLC 6626 -C GORDON ROAD WILMINGTON, NC 28411 910 - 799 -3006 GSP CONSULTING,PLLC ENGINEERING 6626 Gordon Road Unit C Wilmington, North Carolina 28411 tel: 910 - 442 -7870 fax: 910 - 799 -6659 Sheet No. C -1 Revision I �I S77 °01'24 "E 105.08' I — — — J I - J I _ _ / I I LOT 24 I LOT 12 I I I APARTMENT1 BUILDIING a L- I — 3- STOf�Y 133 I / 1 I I ( N N APART T I BU I � 1 23- 216EDROOM ; ; I _ —25' SETBACK— — _ / 4 -1 EDROOM 0 21 -2 BEDR 1 ---- - - - -�� �/ N �� - - - - -/ N I & 7,000 SF UBHOUSE 12-1 EPRO 3 .35 I VOL R/W -— I 1 LEAFF p2 .92TER i Q I R/W 45' R.O.W. / I BULLOCK LN. 11 I I I I WWI I I 9.5' 12 "12" 11' 11' 12 "12" 5' PLAZA 5' SIDEWALK I 40' PRIVATE RIGHT OF WA SS SS I N I I I I I I I 1 /2 " /FT. MAX I — — — — — — — — — 1I 1/4"/FT. 1 /4 "/F T. 1 /2 " /FT. MAx� I I - II \� 1 I I I I I I I W ? I I 1 I I I I I I I I I I I I I I I I I I I I 6° ABC 1.5" SF -9.5A 2' VALLEY 2' VALLEY FW 12 CURB CURB 2 n � ► � \ , r r r L � y r r r r r r \ y y r r r y y r r r r r y LOT r 2 y 5 r r r � 1 I I I 1 I i I 1 \ _ r \ fIf�PII If � ,f IV � IP I II � I I I I I � In 1r I ` � o J z Q > I I 0 I I 1 1 I 1 I 1 1 1 1 1 I - r \ S \ 3 Mr. UL PRIVATE LOCAL RESIDENTIAL ROAD X- SECTION I N I W MODIFIED VALLEY CURB & GUTTER I Ln I N LJ N.T.S I WALKING RAIL LOT 26 N za�I \ r \ � \ \ \ � \ \ \ \ \ \\ \ fIu I \ 30 NOTE. CLAY CHARLES ESSIE R L TRUST 1. THE DEVELOPER OR HOA IS RESPONSIBLE FOR MAINTENANCE OF DB 4797/397 COMMON AREAS, DRAINAGE EASEMENTS AND THE STORMWATER SYSTEM. ZONING: R -15 LAND USE: RESIDENTIAL LOT 27 I 2. ALL DRAINAGE EASEMENTS MUST REMAIN FREE OF OBSTRUCTIONS, INCLUDING FENCES. 3. ALL IMPERVIOUS SURFACES MUST DRAIN TO THE ENGINEERED 3- STO�Y3 UN I I I I 3 \ \ I\ \ I IIIIIIII I I I I I I I I I \ I I \ \ , N \ \ II I I II I I I I I I I I I I I I I \ I I s I I I I I I I I I l I \ I \ ° I I I IpI p 3 1 1 I I I I I I I I I 3° o ° - 2° S o zTO Q °O/ O °N O I 1I I 1 I I I I I ° Y °31 I 1 I I I I I O b 3 STORMWATER SYSTEM. APARTME T BUILDING APARTyE0IB U 4. STREET LIGHTS AND STREET SIGNS TO BE INSTALLED AS o 12 -3 EbR-OOM 21 -2 BEDR REQUIRED. 9 -2 EDROOM 12 -1 EDR `" 12 -1 E7R00M FF�29.9 3 COMMON AREA / N AMENITY AREA FF 29.22 o Ln 2.79 AC WETLAND LOT 239 28 23 FIR HYDRA V 60, LOT 240 SSEM� -- Z-u LD LU-ILI' (D 000 F1 / LOT 241 DOG � J19, U PARK 11 1111 LOT 242 SPACE \ LOT 243 LOT 28 LOT 238 � 00 -YEAR FLOOD MAINT. CAR LOT 244 BLDG WASH LOT 237 LOT 245 5 LOT 29 \ \\ LOT 236 LOT 30 POOL FACILITY LOT 246 LOT 235 OPEN LOT 247 SPACE LOT 31 LOT 234 Q / \�, r OPEN / SPACE LOT 233 LOT LOT 232 LOT 32 2.79r AC OPEN LOT 231 WETLAND SPACE $ LOT 5 LOT 33 LOT LOT 34 CONNECT TO EXISTING WATERLINE LOT C NNECTTO EXISTING FLOT 53 SEWE R MANHOLE LOT 54 ONNECT TO EXIS ING LOT TORM DRAIN __j LOT 52 LOT 51 LOT 50 LOT 49 LOT 48 LOT 47 LOT 46 LOT 45 LOT 44 LOT 43 LOT 42 LOT 41 LOT 40 LOT 39 LOT 38 LOT 37 LOT 36 LOT 35 I LOT 55 C R O °°°° °° ° ° ", °� �� �° Q O I Ed CD IS 0 I— ° ° �N NNt00 OF -'I' ° -7 t JL IF - -- _ _ _ _ Y S W 'u'40 LOT 57 I o �� I e RU NA AY LN I SS BS Ss— 18 0019 —SS 171 ^ ^SS SS 16100 -0S9 ss SS 14 +00 ss N n0 ��Z+nn SS ss SCALE I LOT 58 TIN �/' (. �-- --� - - - -- -- ------- - - - - -- _ o o �5 so - - - - - - - - - -- -- - - - - -- —� \ LOT 1 inch -5o ft. i oo ITEM: 21- 11 - 2 Designer GSP Scale 1" 50' Drawn By Date GSP December 2017 License # Job No. P -0718 2017 -0002 THE LANDING AT LEWIS CREEK ESTATES Wilmington New Hanover County North Carolina, PRELIMINARY PLAN PREPARED FOR: McADAMS HOMES, LLC 6626 -C GORDON ROAD WILMINGTON, NC 28411 910 - 799 -3006 Sheet No. C -2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Regular DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Interim Planning & Land Use Director CONTACT(S): Rebekah Roth, Interim Planning& Land Use Director SUBJECT: Public Hearing Text Amendment Request (TA20 -02)- Request by New Hanover County to Amend Articles 2, 3, 4, 5, 6, and 8 of the Unified Development Ordinance to Update the County's Tree Retention Standards, Standardize and Coordinate Open Space Requirements, Modernize Setback and Residential Height Requirements, Refine Landscaping and Buffering Standards, Update Parking Standards, Provide for Clear and Consistent Use Permissions and Standards, and add Erosion and Sedimentation Control Ordinance Provisions BRIEF SUMMARY: This amendment includes the final ordinance changes associated with the Unified Development Ordinance (UDO) code update project designed to implement the 2016 Comprehensive Plan. It consists of three categories of updates to existing regulations: 1. Tree - Related Amendments a. An update to strengthen the county's tree retention standards that became a part of the scope of the project last fall during the discussion on preserving large live oaks b. An amendment to provide consistent open space provisions that coordinate with Tree Retention standards to incentivize the protection of existing tree canopy 2. Infill Supportive Amendments a. A modernization of setback and residential height requirements b. Refined transitional buffers and landscaping standards that coordinate with the tree - related amendments 3. Amendments to Modernize and Update Provisions a. Updated parking standards that reflect the list of principal uses adopted as part of the Unified Development Ordinance format in February 2020 b. Amendments to provide for clear and consistent use permissions and standards c. The addition of an updated Erosion and Sedimentation Control Ordinance to the Unified Development Ordinance At their October 1, 2020 meeting, the Planning Board recommended approval of the request (5 -0). One person spoke in favor of the amendment; no one spoke in opposition. RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and recommends approval of the proposed amendment and suggests the following motion: Board of Commissioners - November 16, 2020 ITEM: 22 I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance that updates the county's tree retention standards, standardizes and coordinates open space requirements, modernizes setback and residential height requirements, refines landscaping and buffering standards, updates parking standards, provides for clear and consistent use permissions and standards, and adds Erosion and Sedimentation Control ordinance provisions. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up -to -date zoning tools that reflect the plan's recommended place types and development patterns and encourages plan goals of infill and redevelopment and conservation of environmentally critical areas. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it includes the zoning tools essential to address the Comprehensive Plan's listed goals and provides for clearer and more consistent standards. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - November 16, 2020 ITEM: 22 SCRIPT for Unified Development Ordinance Text Amendment (TA20 -02) Request by New Hanover County to amend Articles 2, 3, 4, 5, 6, and 8 of the Unified Development Ordinance to update the county's tree retention standards, standardize and coordinate open space requirements, modernize setback and residential height requirements, refine landscaping and buffering standards, update parking standards, provide for clear and consistent use permissions and standards, and add Erosion and Sedimentation Control ordinance provisions. This is a public hearing. We will hear a presentation from staff. Then any supporters and any opponents will each be allowed 15 minutes for their presentations and an additional 5 minutes for rebuttal. Conduct Hearing, as follows: a. Staff /Applicant presentation b. Supporters' presentation(s) (up to 15 minutes) c. Opponents' presentation(s) (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponents' rebuttal (up to 5 minutes) 2. Close the public hearing 3. Board discussion 4. Vote on amendment. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Examale Motion of Aaaroval: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance that updates the county's tree retention standards, standardizes and coordinates open space requirements, modernizes setback and residential height requirements, refines landscaping and buffering standards, updates parking standards, provides for clear and consistent use permissions and standards, and adds Erosion and Sedimentation Control ordinance provisions. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up -to -date zoning tools that reflect the plan's recommended place types and development patterns and encourages plan goals of infill and redevelopment and conservation of environmentally critical areas. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it includes the zoning tools essential to address the Comprehensive Plan's listed goals and provides for clearer and more consistent standards. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed amendment to the New Hanover County Unified Development Ordinance that that updates the county's tree retention standards, standardizes and coordinates open space requirements, modernizes setback and residential height requirements, refines landscaping and buffering standards, updates parking standards, provides for clear and consistent use permissions and standards, and adds Erosion and Sedimentation Control ordinance provisions. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the proposed amendment is reasonable and in the public interest because [insert reasons] Board of Commissioners - November 16, 2020 ITEM: 22- 1 - 1 STAFF REPORT FOR TA20 -02 TEXT AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: TA20 -02 Request: To amend Articles 2, 3, 4, 5, 6, and 8 of the Unified Development Ordinance to update the county's tree retention standards, standardize and coordinate open space requirements, modernize setback and residential height requirements, refine landscaping and buffering standards, update parking standards, provide for clear and consistent use permissions and standards, and add Erosion and Sedimentation Control ordinance provisions. Applicant: Subject Ordinances: New Hanover County Unified Development Ordinance Purpose & Intent This amendment includes the final ordinance changes associated with the Unified Development Ordinance code update project designed to implement the 2016 Comprehensive Plan. It consists of three categories of updates to existing regulations: 1. Tree - Related Amendments a. An update to strengthen the county's tree retention standards that became a part of the scope of the project last fall during the discussion on preserving large live oaks b. An amendment to provide consistent open space provisions that coordinate with Tree Retention standards to incentivize the protection of existing tree canopy 2. Infill Supportive Amendments a. A modernization of setback and residential height requirements b. Refined transitional buffers and landscaping standards that coordinate with the tree - related amendments 3. Amendments to Modernize and Update Provisions a. Updated parking standards that reflect the list of principal uses adopted as part of the Unified Development Ordinance format in February 2020 b. Amendments to provide for clear and consistent use permissions and standards c. The addition of an updated Erosion and Sedimentation Control Ordinance to the Unified Development Ordinance BACKGROUND This request consists of the final Unified Development Ordinance (UDO) amendments associated with the UDO code update project designed to implement the 2016 Comprehensive Plan. While a number of ordinance amendments were discussed over the course of the project, its core scope included two primary purposes: TA20 -02 Staff Report BOC 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 22- 2 - 1 Page 1 of 8 (1) to make sure that the recommendations that came out of the Comprehensive Plan regarding a greater mix of uses, more housing diversity, and a wider spectrum of residential density were allowed by our development regulations; and (2) to clarify and streamline the separate codes regulating development in unincorporated New Hanover County into one unified development ordinance to make sure they all worked together, were easier to use and understand, and to avoid unintentional conflicts. In February 2020, the New Hanover County Unified Development Ordinance (UDO) was adopted, and these two primary purposes were addressed. The third and last phase of the project, which included the assorted amendments adopted by the Board of Commissioners at their September 8, 2020 meeting, is made up of final targeted amendments and technical fixes. This request consists of three primary categories of updates to existing regulations: tree - related amendments, infill compatibility amendments, and amendments to modernize and update provisions. These proposed code changes will close out the UDO Project, but there will be future updates and improvements to regulations as the need arises. Future amendments may result from changing legal requirements, additional non - policy related technical needs, policy direction from the Board of Commissioners, new programs (such as the Stormwater Services Program), and new data or information (such as the findings from the comprehensive workforce housing study and survey due later this year). 1. TREE - RELATED AMENDMENTS a. Tree - Retention Standards The county's tree retention standards have been established in recognition of the various benefits, including energy conservation, reduction in stormwater runoff, slowing of flood waters, and filtering of airborne pollutants, to protect high -value trees, especially mature specimens. This amendment was spurred by the conversation regarding the protection of large live oaks in fall 2019 and is primarily intended to provide for additional protection of high -value tree species other than live oaks. Through conversations with property owners, tree advocacy organizations (e.g., the Alliance for Cape Fear Trees and the Soil and Water Conservation District's Tree Canopy Working Group), county zoning compliance staff, and members of the development community, project staff also identified that in addition to protection of individual trees, incentives to protect existing tree canopy would provide additional public benefits. The proposed amendment includes several changes to existing provisions, including: • Pond Cypresses and Bald Cypresses have been added as Specimen Trees due to their longevity; • Long Leaf Pines, Pond Cypresses, and Bald Cypresses are considered Significant Trees at 18 inches Diameter at Breast Height (DBH) rather than 24 inches DBH; • Flowering trees are only considered Significant Trees if they are native species; • Long Leaf Pines, Pond Cypresses, Bald Cypresses, and Hardwoods must be documented at 8 inches DBH rather than 12 inches DBH; • To clarify current regulations, sweetgums are only regulated when they are located within required vegetative buffer areas or required open space, as their vulnerability to limb breakage during storms warrants greater flexibility in open areas or near buildings; TA20 -02 Staff Report BOC 1 1.16.2020 Page 2 of 8 Board of Commissioners - November 16, 2020 ITEM: 22- 2 - 2 • New incentives to encourage property owners to retain existing tree canopy, including a reduction in parking spaces and allowing retained trees to count as tree mitigation, have been added. The proposed amendment also includes updated definitions and terms and clarifications to ensure consistency with state law, new terminology, current practice (such as tree inventories), and unclear provisions (e.g., the size required for replacement trees). The proposed amendment does not include a reduction in the size threshold for Specimen Trees; based on the data gathered over the past year, there is no evidence that the current 36 -inch DBH threshold is allowing the removal of large numbers of high - quality trees just below that size. Staff is developing an ongoing evaluation of the county's tree retention standards and will continue monitoring the effectiveness of the Specimen Tree threshold and new tree canopy- focused incentives. b. Open Space Standards The proposed changes to open space standards were identified during conversations with stakeholders and our consulting firm about additional ways to incentivize the retention of tree canopy and during development review due to questions about the types of areas that qualified as open space, requests for flexibility to adjust open space types as the needs of residents changed, and concerns regarding maintenance that have occurred for certain types of open space amenities, such as playgrounds and golf courses. In addition, current open space requirements are inconsistent with different types of site features qualifying as open space depending on the type of development or zoning district, and the way required open space set -aside areas is calculated also varies. This amendment addresses these issues by consolidating open space standards into one section of the UDO, providing consistent calculation methods, amounts required, and qualifying features; establishing clear descriptions for the types of open space that meet ordinance requirements; and incentivizing protection of existing tree canopy and native species. The open space set -aside requirements for residential projects in the proposed amendment have been adjusted since the public release drafts as the result of stakeholder questions and additional staff research. It was determined that due to the reduced design flexibility, increased likelihood of lower density, and larger individual lots (private open space) associated with conventional subdivisions, open space set - asides of about 10% would be more appropriate for these types of projects. Performance residential projects —which allow for clustering —would provide open space set - asides of approximately 20% under current standards if the proposed open space features were counted, so the consistent set -aside requirement for these projects should be relatively neutral. The proposed amendment includes the following primary changes to existing provisions: • Ensuring the types of features that qualify as open space set - asides are consistent regardless of development type or zoning district; • Establishing consistent open space set -aside requirements for both residential (10% conventional; 20% performance) and mixed -use (15 %) developments; • Defining the eight types of site features that are allowed to meet set -aside standards; and • Incentivizing the retention of long leaf pine stands and old growth forest by allowing them to count for double the amount of open space. TA20 -02 Staff Report BOC 1 1.16.2020 Page 3 of 8 Board of Commissioners - November 16, 2020 ITEM: 22- 2 - 3 The amendment also clarifies open space design standards, types of development (e.g., trails, picnic tables, benches) permitted within set - asides, ownership and management requirements, and provisions for payments in -lieu of dedication. 2. INFILL SUPPORTIVE AMENDMENTS a. Setback and Height Requirements Because new development in unincorporated New Hanover County, except on the large, undeveloped tracts in the Sidbury Road area, is likely to be located close to existing neighborhoods because of the availability of water and sewer utilities, this amendment was developed to provide for setback standards in -line with those commonly used in suburban, rather than rural, areas and for residential heights that accommodate current construction standards. It is intended to establish best - practice standard setbacks for commercial and industrial buildings adjacent to residential properties to replace the current method in the ordinance, which is based on an arbitrary multiplier applied to building height. Residential height maximums are also increased from 35 feet to 40 feet to accommodate changes in construction standards and market demand. In addition, in response to questions regarding long -term resiliency of residential structures, the current maximum height of 44 feet allowed for structures in identified flood zones have been expanded to apply to any structures elevated on open foundations (e.g., piers, posts, columns, or piles), including those with breakaway walls. These provisions are meant to allow three -story homes constructed on -grade and one- to two -story homes if elevated on open foundations. b. Landscaping and Buffers The proposed amendment to Landscaping and Buffering standards is coupled with the height and setback standards because of the role transitional buffers play in ensuring compatibility between adjacent land uses. This amendment also aligns landscaping standards with the proposed tree - related amendments. The proposed amendment includes a series of changes to existing provisions, which include: • Reducing the tree planting requirements for small -scale expansions of existing buildings (less than 25% increase in floor area or vehicle use area or requiring fewer than 20 spaces) as these projects are generally on smaller sites and this requirement could discourage redevelopment; • Adjusting the required caliper inches for replacement trees to the best - practice 2.5 caliper inches, as they are more resilient, reach a size comparable with 3 -inch plantings, and are less expensive; • Establishing transitional buffer standards that are coordinated with proposed standard setbacks; and • Requiring transitional buffers for industrial uses adjacent to all residential types, not just single family. The amendment also clarifies existing standards, such as landscaping upgrades required for redevelopment projects, the requirement that existing vegetation used to meet requirements should be in good health and non - invasive, the types of development (e.g., trails) allowed within buffers, screening and street yard requirements, how fractions should be rounded, the size of landscaping islands, and when understory trees can be used in street yard landscaping design. TA20 -02 Staff Report BOC 1 1.16.2020 Page 4 of 8 Board of Commissioners - November 16, 2020 ITEM: 22- 2 - 4 3. AMENDMENTS TO MODERNIZE & UPDATE PROVISIONS a. Parking and Loading Standards The current parking and loading standards are out of date —they are largely unchanged from the standards adopted in the early 1 980s and the list of uses for which minimum parking requirements are outlined is inconsistent with the list of uses in the Principal Use Table. The proposed amendment ensures that the use list for parking minimums mirrors the Principal Use Table list and categories and updates parking minimum requirements, alternative parking options, and parking lot design standards. The primary proposed changes include: • Basing parking minimum standards on consistent criteria (building size, etc.) instead of operation criteria, such as number of employees, that may change more frequently; • Ensuring that each use listed on the Principal Use Table has a clear minimum parking standard to increase predictability for code users; • Outlining clear criteria for determining parking standards for unlisted uses or mixed use developments; • Updating alternative parking plan standards to allow parking demand studies, establish clear provisions for shared parking arrangements, provide for deferred parking, and accommodate valet and tandem parking arrangements; • Establishing best practice surfacing and design standards for off - street parking lots; • Permitting parking garages in the B -1, CB, B -2, O &I, and AC districts by- right; • Updating loading space minimums in accordance with best practices while providing for flexibility for individual uses; and • Adding parking area standards for cluster -style mailbox kiosks to subdivision and performance residential development requirements. The amendment also removes redundant requirements covered in other portions of the code and clarifies when parking and loading standards apply. b. Use Permissions and Standards This proposed amendment aims to meet two primary goals: (1) make sure the Unified Development Ordinance's use permissions accommodate current and emerging land uses we can anticipate seeing in unincorporated New Hanover County within the next decade and (2) apply permissions and standards consistently to similar uses and zoning districts. This amendment also includes removal of use - specific and district - specific standards that are included in another section in this round of amendments to reduce the potential for conflicts. This amendment includes assorted changes to uses and standards, including • Addition of new uses (e.g., Food Pantry; Community Garden; Commercial Kitchen, Catering; and Data Center), along with use - specific and parking standards, and definitions for each use; TA20 -02 Staff Report BOC 1 1.16.2020 Page 5 of 8 Board of Commissioners - November 16, 2020 ITEM: 22- 2 - 5 • Clarifying the permissions for uses such as Hospice, Event Center, and Microbrewery/Microdistillery that currently fall under a broader use to make sure that permissions and standards (such as parking) are tailored to the specific use; • Applying use - specific standards in new districts that are similar to those where the standards already apply; • Establishing consistent permissions for uses, such as Senior Living and Recycling Centers, so that composite uses (e.g., Continuing Care Facilities) are allowed in districts where each part (e.g., Independent Living and Assisted Living) are permitted; • Removing district - specific standards from the R -7 district, as they are either inconsistent with provisions for other similar districts or are included elsewhere in the ordinance; and • Aligning building separation standards with the requirements of the North Carolina Building Code. The proposed amendment also clarifies some existing definitions and standards. c. Erosion and Sedimentation Control Ordinance The North Carolina Sedimentation Control Commission delegates authority to implement the Sedimentation Pollution Control Act (SPCA) to cities and counties that adopt a local qualifying erosion and sediment control ordinance in compliance with North Carolina state requirements. The county's Erosion and Sediment Control Program is managed by the county Engineering Department. The proposed amendment would incorporate the Erosion and Sedimentation Control Ordinance into the Unified Development Ordinance format. It includes updates required by the NC Department of Environment and Natural Resources and NC Sedimentation Control Commission. TA20 -02 Staff Report BOC 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 22- 2 - 6 Page 6 of 8 PROPOSED AMENDMENT The proposed text amendment and supplemental summary sheets are attached, with red italics indicating new language and strikethroug ► indicating provisions that are removed. As a note, the Erosion and Sedimentation Control Ordinance does not have a summary sheet because it is a reorganization of an existing code with only clarifications and state - required changes. PLANNING BOARD ACTION The Planning Board considered this request at their October 1, 2020 meeting. One person spoke in favor of the amendment. The Board recommended approval of the request (5 -0), with Board members Paul Boney and Jordy Rawl absent. They found the application to be: CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up -to -date zoning tools that reflect the plan's recommended place types and development patterns and encourages plan goals of infill and redevelopment and conservation of environmentally critical areas. They also found APPROVAL of the proposed amendment reasonable and in the public interest because it includes the zoning tools essential to address the Comprehensive Plan's listed goals and provides for clearer and more consistent standards. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation and recommends approval of the requested amendment and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance that updates the county's tree retention standards, standardizes and coordinates open space requirements, modernizes setback and residential height requirements, refines landscaping and buffering standards, updates parking standards, provides for clear and consistent use permissions and standards, and adds Erosion and Sedimentation Control ordinance provisions. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up -to -date zoning tools that reflect the plan's recommended place types and development patterns and encourages plan goals of infill and redevelopment and conservation of environmentally critical areas. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it includes the zoning tools essential to address the Comprehensive Plan's listed goals and provides for clearer and more consistent standards. TA20 -02 Staff Report BOC 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 22- 2 - 7 Page 7 of 8 Subject Articles and Sections Article 2: Measurements and Definitions • Section 2.1: Measurements • Section 2.3: Definitions and Terms Article 3: Zoning Districts • Section 3.1: General o Section 3.1.3, Superseding Dimensional Standards • Section 3.2: Residential Zoning Districts • Section 3.2.4, Rural Agricultural (RA) District • Section 3.2.5, Airport Residential (AR) District • Section 3.2.6, Residential 20S (R -20S) District • Section 3.2.7, Residential 20 (R -20) District • Section 3.2.8, Residential 15 (R -15) District • Section 3.2.9, Residential 10 (R -10) District • Section 3.2.10, Residential 7 (R -7) District • Section 3.2.11, Residential Moderate -High Density (R -5) District • Section 3.2.12, Residential Multi - Family Low Density (RMF -L) District • Section 3.2.13, Residential Multi - Family Moderate Density (RMF -M) District • Section 3.2.14, Residential Multi - Family Medium -High Density (RMF -MH) District • Section 3.2.15, Residential Multi - Family High Density (RMF -H) District • Section 3.3: Mixed Use Zoning Districts • Section 3.3.6, Exceptional Design (EDZD) Planned Development District • Section 3.3.7: Planned Development (PD) District Article 4: Uses and Use - Specific Standards • Section 4.2: Allocation of Principal Uses o Section 4.2.1: Principal Use Permissions • Section 4.3: Standards for Specified Principal Uses • Section 4.4: Accessory Use and Structure Standards • Section 4.5: Temporary Use Standards Article 5: General Development Standards • Section 5.1: Parking and Loading • Section 5.3: Tree Retention • Section 5.4: Landscaping and Buffering • Section 5.8: Open Space Requirements Article 6: Subdivision Design and Improvements • Section 6.2: Design Standards Article 8: Erosion and Sedimentation Control TA20 -02 Staff Report BOC 1 1.16.2020 Board of Commissioners - November 16, 2020 ITEM: 22- 2 - 8 Page 8 of 8 Tree Retention Standards Code Sections Affected Key Intent Section 2.3, Provide for additional protection for high -value tree species other than live oaks Definitions and Terms . Establish incentives to protect tree canopy and natural habitat Section 5.3, • Incentivize the retention of existing smaller trees Tree Retention Changes g • Definitions were added for Native Species and Invasive Species. The definition for Regulated Tree was removed as it is no longer accurate and is covered by the provisions in Section 5.3. (See Section 2.3, Definitions and Terms) • The purpose statement for Section 5.3, Tree Retention was removed as the policy intent is covered by the Comprehensive Plan. (See removed Section 5.3.1, Purpose) • Categories of regulated trees have been adjusted increase protection of native species (See Section 5.3.4, Tree Retention Standards) o Term Protected Trees has been clarified as Documented Trees to more accurately reflect the regulations that affect them; o Long Leaf Pines, Pond Cypresses, Bald Cypresses, and Hardwoods must be documented at 8 inches Diameter at Breast Height (DBH) rather than 12 inches DBH; o Flowering trees are only considered Significant Trees if they are native species; o Long Leaf Pines, Pond Cypresses, and Bald Cypresses are considered Significant Trees at 18 inches DBH rather than 24 inches DBH; o Pond Cypresses and Bald Cypresses have been added as Specimen Trees due to their longevity; and o Sweetgums are only regulated when they are located within required vegetative buffer areas or required open space, as their vulnerability to limb breakage during storms warrants greater flexibility in open areas or near buildings. • Mitigation standards regarding replacement trees, fees -in -lieu of replacement trees, and allowances for moving trees have been detailed. (See Section 5.3.7, Mitigation) • New incentives for retaining trees have been added (See Section 5.3.8, Optional Incentives for Retaining Trees), including: • Reductions in required parking spaces (up to a 15% reduction), • Allowing existing unregulated or Documented trees and natural tree clusters to count for tree mitigation, with native species, mature forests, and natural clusters of primarily native species counting for additional mitigation, and • Additional incentives are provided by proposed Section 5.8, Open Space Requirements. The proposed amendment also includes clarifications to ensure consistency with state law, new terminology, current practice (such as for tree inventories), and unclear provisions (e.g. the size required for replacement trees). Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 1 Open Space Standards Code Sections Affected Key Intent Section 2.3, Consolidate existing open space standards into one section of the UDO Definitions and Terms Provide consistent open space provisions regarding calculation methods and amounts and types required Section 3.1.3, Establish clear descriptions for types of open space that meet ordinance Superseding requirements Dimensional Standards Coordinate with efforts in Tree Retention standards to incentivize protection of existing tree canopy and native species Section 3.2.12, Residential Multi - Family Low Density (RMF -L) District Changes Section 3.2.13, Residential Multi - . Definitions for existing open space categories are removed. (See Section Family Moderate 2.3, Definitions and Terms) Density (RMF -M) . Open space standards particular to performance residential development, District projects with additional dwelling unit special use permits, EDZD districts, Section 3.2.14, and RMF districts have been removed. (See Section 3.1.3, Superseding Residential Multi- Dimensional Standards; Sections 3.2.12, 3.2.13, 3.2.14, and 3.2.15 for RMF Family Medium- districts; Section 3.3.6, Exceptional Design (EDZD) Planned Development High Density (RMF - District) MH) District • Open space standards are applicable to both residential and mixed -use development. (See Section 5.8.1, Open Space Requirements) Section 3.2.15, Residential Multi- • Open space set - asides for performance residential projects are set at Family High Density 20 %, at 10% for conventional subdivisions, and at 15% for all mixed -use (RMF -H) District projects, except for in EDZD districts, which requires 35 %. The proposed Section 3.3.6, percentages are intended to result in similar amounts of open space set - Exceptional Design asides as current requirements given the proposed changes to areas that (EDZD) Planned qualify as described below and in Section 5.8.4. (See Section 5.8.3, Open Development Space Set -Aside Standards) District • Eight types of open space are allowed to meet set -aside standards. (See Section 5.8, Open Section 5.8.4, Areas Counted Toward Open Space Set -Aside Standards) Space o Natural areas, including wetlands, can be used to meet open Requirements space set - asides and have highest priority. • Long leaf pine stands or old growth forest count as double the open space set - aside. • Required landscaped areas and buffers, stormwater management areas, community water access, and plazas can count as open space in addition to recreation areas. The amendment also clarifies open space requirements for performance residential developments, design standards, types of development permitted within set - asides, ownership and management requirements, and provisions for payments in -lieu of dedication. Setback and Height Requirements Code Sections Affected Section 3.1.3, Superseding Dimensional Standards Section 3.2.4, Rural Agricultural (RA) District Section 3.2.5, Airport Residential (AR) District Section 3.2.6, Residential 20S (R- 20S) District Section 3.2.7, Residential 20 (R- 20) District Section 3.2.8, Residential 15 (R- 15) District Section 3.2.9, Residential 10 (R- 10) District Section 3.2.10, Residential 7 (R -7) District Section 3.2.11 Residential Moderate -High Density (R -5) District Key Intent • Establish best - practice standard setbacks for commercial and industrial buildings adjacent to residential properties to replace method based on an arbitrary multiplier applied to building height in order to increase predictability • Adjust height standards in residential districts to accommodate changing construction standards and flood - resilient, elevated structures Changes • Current B -1, B -2, O &I, AC, 1 -1, and 1 -2 district setbacks from residential properties that are based on building height are replaced with standard setbacks similar to those in the City of Wilmington and other suburban communities (See Table 3.1.3.C.3 in Section 3.1.3, Superseding Dimensional Standards) • Existing provisions that allow reductions in setbacks if additional vegetative buffers are provided have been removed from B -1, B -2, and 0&1 as they no longer work with the proposed standard setbacks and are now only allowed in the AC, 1 -1, and 1 -2 districts (no change to minimum setback allowed). (See Section 3.1.3.C.3) • Building height maximums in residential districts have been increased from 35 feet to 40 feet to accommodate changes in construction standards and market demand (See Section 3.2.4; Section 3.2.5; Section 3.2.6; Section 3.2.7; Section 3.2.8; Section 3.2.9; Section 3.2.10; Section 3.2.11) • Structures elevated on open foundations (piers, posts, columns, or piles) in residential districts have a maximum height of 44 ft., regardless of whether they are included in a Special Flood Hazard Area or other flood zones (See Section 3.2.4; Section 3.2.5; Section 3.2.6; Section 3.2.7; Section 3.2.8; Section 3.2.9; Section 3.2.10; Section 3.2.11) The proposed amendment also simplifies the title of Table 3.1.3.C.3 and updates references to transitional buffer standards due to the proposed amendment of Section 5.4, Landscaping and Buffering. Landscaping and Transitional Buffer Standards Code Sections Affected Section 5.4, Landscaping and Buffering Key Intent • Align landscaping standards with proposed tree retention standards • Establish clear standards for transitional buffers appropriate in a variety of contexts and with sufficient flexibility to accommodate site - specific requirements • Adjust landscaping standards to support redevelopment of existing properties Changes • The purpose statement for Section 5.4, Landscaping and Buffering was removed as the policy intent is covered by the Comprehensive Plan. (See removed Section 5.4.1, Purpose) • For expansions of existing buildings with less than a 25% increase in floor area or vehicle use area or requiring fewer than 20 parking spaces, the requirement of having 15 trees per acre has been removed, to support redevelopment of existing properties. (See Table 5.4.1.B: Landscaping Upgrade Standards) • The size of trees required to meet landscaping and buffering requirements has been reduced from 3 caliper inches to 2.5 caliper inches unless otherwise specified as the smaller caliper trees are more resilient, reach comparable size as 3 -inch trees within one year, and are less expensive. (See Section 5.4.3.2, General Standards) • Transitional buffers are required for industrial uses when adjacent to all residential uses. (See Table 5.4.3.B.1: Required Transitional Buffers) • New approximately 50% opaque Aesthetic Buffers are required between industrial uses and RMF districts and attached or manufactured housing types. (See Tale 5.4.3.B.2: Landscape Buffer Types) • Screening standards have been adjusted to remove the requirement that roof mounted HVAC units must be screened from the view of adjacent properties by a wall and to allow fences for screening of dumpsters and outside storage areas. (See 5.4.4, Screening) • Specific uses, such as agriculture, single family homes, cemeteries, and parks, are excluded from street yard landscaping standards. (See 5.4.6, Street Yard Standards) • List of landscaping plan contents has been removed as application requirements are outlined in the Administrative Manual. (See removed 5.4.9, Required Landscaping Plan) The amendment also clarifies existing standards, such as landscaping upgrade standards, the requirement that existing vegetation used to meet requirements should be in good health and non - invasive, development allowed within buffers, screening requirements, how fractions should be rounded, the size of landscaping islands, and when understory trees can be used in street yard landscaping design. Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 4 Parking and Loading Standards Code Sections Affected Section 5.1, Parking and Loading Section 6.3, Design Standards Key Intent • Ensure use list for parking minimums mirrors Permitted Use Table list and categories • Replace parking minimum requirements that rely on operational criteria (number of employees, etc.) with standards based on consistent criteria (building size, etc.) • Update or provide provisions for shared parking and alternative parking plans based on existing and future business models • Update parking lot design and loading area standards Changes • The purpose statement for Section 5.1, Parking and Loading was removed as the policy intent is covered by the Comprehensive Plan. (See removed Section 5.1.1, Purpose and Intent) • Requirements for time of review and site plan have been removed as they are covered in Article 10, Administrative Procedures and the Administrative Manual. (See removed Section 5.1.3, Time of Review) • Minimum off - street parking standards have been aligned with current use list and calculation methodology is based on consistent criteria. (See Table 5.1.4.2.A: Minimum Off - Street Parking; For more information on effect on existing standards, see attached Minimum Off - Street Parking Summary Sheet) • Clear criteria for determining parking standards for unlisted uses and provisions for mixed use development parking are outlined. (See subsections B and C of Section 5.1.2, Minimum Off - Street Parking Standards) • Alternative parking plan standards have been updated to allow parking demand studies, establish clear provisions for shared parking arrangements, provide for deferred parking, and outline standards for valet and tandem parking. (See Section 5.1.31 Alternative Parking Plans) • New best practices surfacing and design standards are established for off - street parking. (See Section 5.1.4, Off - Street Parking Design Standards) • Special use permits are no longer required for parking garages in the B -1, CB, B -2, O &I, and AC districts in order to reduce regulatory barriers to more efficient land use. (See subsection 5.1.5.4.B.8.c of Section 5.1.4, Off - Street Parking Design Standards) • Loading space minimums, sizes, and locations are updated in accordance with best practices but can be reduced based on a loading space study. (See Section 5.1.51 Loading Areas) • Parking area standards for cluster -style mailbox kiosks have been added to the Subdivision Design Standards, which also apply to performance residential projects. (See Section 6.3, Design Standards) The amendment also clarifies when parking and loading standards apply. 0 Method to determine minimum parking requirement has changed— impact on minimum parking requirements depends on specific project T Minimum parking required has been increased ,l Minimum parking required has been decreased N New minimum parking requirement (not specified in current standards) C Clarification of existing parking requirement Agricultural Uses Agricultural and Forestry Uses, General N/A No minimum C Livestock Sales N/A No minimum C Stable N/A No minimum C Wholesale Nursery N/A No minimum C Residential Uses Household Living Dwelling, Dual -Unit Attached 2 spaces per dwelling unit located on the same lot as the residence 2 /du N Dwelling, Multi - Family 1.5 spaces per dwelling unit with 1 bedroom; 2 spaces per dwelling 1.5 /du with 1 bedroom; N Family Child Care Home unit with 2+ bedrooms 2 /du with 2+ bedrooms N Dwelling, Quadraplex 1.5 spaces per dwelling unit with 1 bedroom; 2 spaces per dwelling 1.5 /du with 1 bedroom; C Lodges, Fraternal, & Social unit with 2+ bedrooms 2 /du with 2+ bedrooms Dwelling, Single - Family Detached 2 spaces per dwelling unit located on the same lot as the residence 2 /du C Dwelling, Triplex 1.5 spaces per dwelling unit with 1 bedroom; 2 spaces per dwelling 1.5 /du with 1 bedroom; C Museum unit with 2+ bedrooms 2 /du with 2+ bedrooms Dwelling, Row -Style 2 spaces per dwelling unit located on the same lot as the residence 2 /du Dwelling, Two - Family (Duplex) 2 spaces per dwelling unit 2 /du Live /Work or Caretaker Unit 2 /du, in addition to parking provided for principal use 2 /du, in addition to parking provided for principal use Mobile Home Not specifically outlined 2 /du C Mobile Home, Doublewide Not specifically outlined 2 /du C Mobile Home Park Not specifically outlined 2 /du C Mobile Home Subdivision Not specifically outlined 2 /du C Senior Living: Independent Living N/A 1.5 /du plus 2/1,000 sf nonresidential space N Retirement Community Group Living Family Care Home N/A 2 /du C Fraternity /Sorority Residence 1 space for each resident occupant 1 /single occupancy bedroom 4 2 /double occupancy bedroom Group Home Maximum of 2, plus 1 for every 4 beds and 2 per supervisor Maximum of 2 plus 1 /every 4 beds plus 2 for resident supervisor(s) Senior Living: Assisted Living 1 space for every 4 beds intended for patient use, plus 1 per 1 per 3 beds 0 Facility employee on the largest shift Senior Living: Continuing Care 1.5 per unit + 1 per employee on largest shift ft See Senior Living: Independent Living Retirement 4 Retirement Community Community and Senior Living: Assisted Living Facility Civic and Institutional Child and Adult Care Adult Day Care N/A 1 per 4 clients (per design capacity or state permit) N Child Care Center 1 space for every 8 participants 1 per 10 children (per design capacity or state permit) N Family Child Care Home N/A 1 space in addition to the 2 /du required for the N Height & Ancillary to the Principal Clubs, Public or Private, and Associated Uses: 1 space for every 100 residential use C Civic Animal Shelter N/A 2/1,000 sf N Community Center N/A 2.5/1,000 sf N Library 1 per 400 sf GFA 2.5/1,000 sf Height & Ancillary to the Principal Clubs, Public or Private, and Associated Uses: 1 space for every 100 No minimum C Lodges, Fraternal, & Social square feet of gross floor area. Parking for any associated use may 3/1,000 sf Organizations be reduced by one -half of the spaces required, by the Planning No minimum C Non - Substantial Modification Director upon submission of adequate documentation. No minimum C Museum 1 per 400 sf GFA 2.5/1,000 sf Religious Assembly 1 space for every 4 seats in the sanctuary 1 per 5 seats in largest assembly area Communication and Information Facilities Amateur Radio Antennas (up to 90 N/A No C ft.) minimum Antenna & Towers less than 70 ft. in Height & Ancillary to the Principal N/A No minimum C Use Collocation, Wireless N/A No minimum C Non - Substantial Modification N/A No minimum C Page 115 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 6 0 Method to determine minimum parking requirement has changed— impact on minimum parking requirements depends on specific project T Minimum parking required has been increased ,l Minimum parking required has been decreased N New minimum parking requirement (not specified in current standards) C Clarification of existing parking requirement Use Current Standards Amendment Concept Other Wireless Communication Facilities including Wireless Support Structures & Substantial N/A No minimum Modifications Educational Services Colleges, Universities, and Professional Schools N/A 211,000 sf classroom and research space, plus 1 per 6 seats in largest assembly area N Elementary and Secondary Schools Kindergarten or Nursery: 2 spaces for each employee and 4 spaces 2.5/1,000 sf, plus 1 for each post office vehicle stored N Nursing and Rehabilitation Center for drive -in off - street drop -off and pickup Kindergarten, Nursery, Elementary, and Junior High .y Golf Course Elementary and Junior High: 1 space for each classroom and School: 1 per 6 students design capacity A Park and Recreation Area administrative office, plus 10 additional spaces No minimum C Railroad Freight Depot Senior High: 1 space for every 10 students for which the building High School: 1 per 4 students design capacity T Railroad Passenger Terminal was designed, plus 1 space for each classroom and administrative 2/1,000 sf N Water Transportation Facilities office Study required N Vocation or Trade School N/A 3/1,000 sf N Government Services Government Offices and Buildings N/A 2.5/1,000 sf N Post Office N/A 2.5/1,000 sf, plus 1 for each post office vehicle stored N Nursing and Rehabilitation Center 1 space for every 4 beds intended for patient use, plus 1 per on site .y Health Care Facilities Hospital N/A 3.5/1,000 sf N Medical and Dental Office and Clinic 4 spaces for each doctor, plus 1 space for each employee 3.5/1,000 sf A Nursing and Rehabilitation Center 1 space for every 4 beds intended for patient use, plus 1 per 1 per 4 beds .y Golf Course employee on the largest shift 2 spaces per hole y Recreation, Parks, and Open Space Boating Facility, Community 1 per boat slip 1 per boat slip C Boating Facility, Private Residential N/A No minimum C Cemetery N/A No minimum C Golf Course Golf course, par 3, or miniature golf course: 3 spaces for every hole, plus requirements for any other associated use (restaurant, etc.) 2 spaces per hole y Park and Recreation Area N/A No minimum C Transportation Airport and Terminal N/A No minimum C Bus and Taxi Terminal N/A No minimum C Heliport N/A No minimum C Marina, Commercial 1 per boat slip and 1 per 4 dry storage facilities 1 per boat slip and 1 per 4 dry storage facilities C Marina, Commercial with Floating Structures 2 per floating structure except in A district 1 per boat slip, 1 per 4 dry storage facilities, and 2 per floating structure T Railroad Freight Depot N/A 211,000 sf office facilities N Railroad Passenger Terminal N/A 2/1,000 sf N Water Transportation Facilities N/A Study required N Utilities Electric Substation N/A No minimum N Solar Energy Collection Facility N/A 2/1,000 sf office facilities N Utility Lines, Structures, and /or N/A 2/1,000 sf office facilities N Facilities; General 10/1,000 sf, or 10/1,000 sf, or Commercial Uses Amusement & Entertainment Uses Adult Entertainment Establishment N/A 4/1,000 sf N Bar /Nightclub N/A 6/1,000 sf seating area N Electronic Gaming Operation The greater of: The greater of: 10/1,000 sf, or 10/1,000 sf, or 1 per 2 terminals /computers 1 per 2 terminals /computers Indoor Recreation Establishment Bowling alley: 3 spaces per alley, plus parking spaces to meet the requirements for any other use associated with the establishment Theaters: 1 per 5 seats (restaurant, etc.) A Auditorium or Theater: 1 space for every 4 seats in the largest All other uses: 4/1,000 sf assembly area Outdoor Recreation Establishment Stadium or Arena: 1 space for every 4 spectator seats Stadium or Arena:1 per 5 seats A All other uses: 4/1,000 sf activity area Page 215 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 7 0 Method to determine minimum parking requirement has changed— impact on minimum parking requirements depends on specific project T Minimum parking required has been increased ,l Minimum parking required has been decreased N New minimum parking requirement (not specified in current standards) C Clarification of existing parking requirement Use Outdoor Shooting Range N/A 4/1,000 sf activity area I N Animal Services Equestrian Facility N/A No minimum C Kennel N/A 4/1,000 sf N Veterinary Service N/A 3/1,000 sf N Commercial Services Bank and /or Financial Institution 1 space for every 250 square feet of gross floor area; up to 2 stacking spaces per drive -thru teller window may be credited to the minimum 3/1,000 sf A Business Service Center N/A 3/1,000 sf N Commercial Parking Lot or Facility N/A No minimum C Funeral Services 1 space for every 5 seats in the chapel or parlor, plus 1 space for each funeral vehicle 1 per 5 seats, plus 1 space per funeral vehicle A Mini - Warehouse /Self- Storage N/A 0.5/1,000 sf rentable storage area N Off - Premises Advertising N/A No minimum C Repair Shop N/A 3/1,000 sf N Food & Drink Restaurant Restaurant or place dispensing food, drink, or refreshments:1 space for every 3 seats, plus 1 space for every 2 employees 6/1,000 sf seating area A Restaurant, drive -in: 1 space for every 3 seats, plus a minimum of 15 spaces for drive -in service and 1 space for every 2 employees Lodging Bed and Breakfast Inn 1 per bedroom and 1 per employee 1 per bedroom and 2/1,000 sf common space A Campground /Recreational Vehicle N/A 1 per campsite N (RV) Park Office, General or Professional: 1 space for every 400 square feet of 2.5/1,000 sf Hotel or Motel 1 space per unit, plus 1 space for every 2 employees, plus 1 per bedroom and 2/1,000 sf common space A Equipment Rental and Leasing requirements for any other associated use 2/1,000 sf N Office Contractor Office N/A 3/1,000 sf N Labor Organization N/A 2.5/1,000 sf N Offices for Private Business and Office, General or Professional: 1 space for every 400 square feet of 2.5/1,000 sf Professional Activities gross floor space accommodate at one time Personal Services Dry Cleaning /Laundry Plant N/A 2.5/1,000 sf N Personal Services, General Studios, Art & Photo: 1 per 400 sf GFA 2.5/1,000 sf Retail Sales Convenience Store Food Market Grocery Store Pharmacy Retail Nursery Retail Sales, Building and Construction Supplies Retail Sales, General Vehicle & Equipment Sales & Service 1 per 400 sf GFA 2.5/1,000 sf 2.5/1,000 sf 2.5/1,000 sf 2.5/1,000 sf 2.5/1,000 sf 2/1,000 sf 2.5/1,000 sf Boat Dealer N/A 3/1,000 sf indoor sales /leasing /office area N Car Wash 1 space for every 2 employees on shift of greatest employment, 3 spaces for every one car the car wash can plus 1 space for the Manager, and spaces equal to 3 times the capacity of the car wash accommodate at one time Equipment Rental and Leasing N/A 2/1,000 sf N Farm Implement Sales N/A 2/1,000 sf N Fuel Sales N/A 1.5/1,000 sf N Mobile Home and Prefab Building N/A 2/1,000 sf N Sales Vehicle Rentals N/A 3/1,000 sf N Vehicle Sales N/A 3/1,000 sf indoor sales /leasing /office area, plus 1 per N repair bay Vehicle Service Station, Large N/A 2.5/1,000 sf indoor office /waiting area, plus 1 per repair N Vehicles bay Page 315 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 8 0 Method to determine minimum parking requirement has changed— impact on minimum parking requirements depends on specific project T Minimum parking required has been increased ,l Minimum parking required has been decreased N New minimum parking requirement (not specified in current standards) C Clarification of existing parking requirement Industrial Uses Design & Technology Services Broadcasting and Production Minimum • . Comparison 2.5/1,000 sf N sf = square feet of .. - otherwise specified Industrial or Manufacturing Establishment or Warehouse: 1.5 spaces for every 2 employees on shift of greatest employment, 1 space for each managerial personnel, 1 visitor parking space for every 10 managerial personnel, and 1 space for each vehicle used directly in the conduct of business 1.5/1,000 sf .- Research and Development Facility Use Current Standards Amendment Concept N Vehicle Service Station, Minor N/A 3/1,000 sf indoor office /waiting area, plus 1 per repair N 325 Chemical Manufacturing 326 Plastics & Rubber Products Manufacturing bay 331 Primary Metal Manufacturing Vehicle Service Station, Major N/A 3/1,000 sf indoor office /waiting area, plus 1 per repair N 336 Transportation Equipment Manufacturing 337 Furniture and Related Product Manufacturing bay N Vehicle Towing Service and Storage N/A 2/1,000 sf N Yard N/A 1.5/1,000 sf N Industrial Uses Design & Technology Services Broadcasting and Production N/A 2.5/1,000 sf N Studio Industrial or Manufacturing Establishment or Warehouse: 1.5 spaces for every 2 employees on shift of greatest employment, 1 space for each managerial personnel, 1 visitor parking space for every 10 managerial personnel, and 1 space for each vehicle used directly in the conduct of business 1.5/1,000 sf A Research and Development Facility N/A 2.5/1,000 sf N Industry & Manufacturing Artisan Manufacturing N/A 2.5/1,000 sf N 311 Food Manufacturing Industrial or Manufacturing Establishment or Warehouse: 1.5 spaces for every 2 employees on shift of greatest employment, 1 space for each managerial personnel, 1 visitor parking space for every 10 managerial personnel, and 1 space for each vehicle used directly in the conduct of business 1.5/1,000 sf A 312 Beverage & Tobacco Product Manufacturing 313 Textile Mills 314 Textile Product Mills 315 Apparel Manufacturing 316 Leather and Allied Product Manufacturing 321 Wood Product Manufacturing 322 Paper Manufacturing 323 Printing & Related Support Activities 325 Chemical Manufacturing 326 Plastics & Rubber Products Manufacturing 327 Nonmetallic Mineral Product Manufacturing 331 Primary Metal Manufacturing 332 Fabricated Metal Product Manufacturing 333 Machinery Manufacturing 334 Computer and Electronic Product Manufacturing 335 Electrical Equipment, Appliance, and Component Manufacturing 336 Transportation Equipment Manufacturing 337 Furniture and Related Product Manufacturing Intensive Industry Intensive Manufacturing & Industrial or Manufacturing Establishment or Warehouse: 1.5 1 per 4 dry docks N Processing spaces for every 2 employees on shift of greatest employment, 1 Motor Freight Transportation space for each managerial personnel, 1 visitor parking space for 1.5/1,000 sf A Warehousing every 10 managerial personnel, and 1 space for each vehicle used Recreational Vehicle and Boat directly in the conduct of business No minimum C Other Intensive Industrial Uses N/A No minimum C Warehousing, Storage, & Wholesale Sales and Distribution Dry Stack Boat Storage Facility, 1 space for every 4 dry docks 1 per 4 dry docks N Stand -Alone Motor Freight Transportation N/A 2/1,000 sf N Warehousing Recreational Vehicle and Boat N/A No minimum C Trailer Storage Lot Warehousing N/A 1.5/1,000 sf N Wholesaling N/A 1.5/1,000 sf N Wholesaling Seafood with Water N/A 1.5/1,000 sf N Frontage Waste & Salvage Commercial Recycling Facility, N/A 1.5/1,000 sf N Large Collection Commercial Recycling Facility, N/A 1.5/1,000 sf N Processing Page 415 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 9 o Method to determine minimum parking requirement has changed— impact on minimum parking requirements depends on specific project T Minimum parking required has been increased ,l Minimum parking required has been decreased N New minimum parking requirement (not specified in current standards) C Clarification of existing parking requirement P a g T 5 15 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 10 Minimum • . Comparison I sf square feet of gross floor area, except where otherwise specified M clu: dwelling unit; per Use Current Standards Amendment Concept Commercial Recycling Facility, N/A 1.5/1,000 sf N Processing and Collection Commercial Recycling Facility, N/A 1 N Small Collection Landfill, Demolition N/A 1.5/1,000 sf office space N Landfill, Landscape N/A 1.5/1,000 sf office space N Junk Yards, Scrap Processing N/A 1.5/1,000 sf N Septage, Sludge Disposal N/A 1.5/1,000 sf office space N P a g T 5 15 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 10 New Uses and Consistent Standards Code Sections Affected Key Intent Section 2.1, Establish clear permissions and standards, if applicable, for uses that are Measurements possible within the county's planning jurisdiction Section 2.3, Ensure permissions and standards are consistently applied to similar uses and Definitions and zoning districts Terms Remove use - specific or district - specific standards that are already included in Section 3.1.3, another section of the ordinance to reduce the potential for conflicts Superseding Dimensional Changes Standards Building separation standards intended to be consistent with the North Section 3.2.10, Carolina Building Code have been updated to remove an inconsistency Residential 7 (R -7) and clarify that increased separation requirements do not apply to homes District that conform to the NC Building Code's residential guidelines. (See Section 3.3.7, Section 2. 1, Measurements, Section 3.1.3, Superseding Dimensional Planned Standards; and Section 3.3.7, Planned Development (PD) District) Development (PD) • Definitions are outlined for each new use proposed for the ordinance. District (See Section 2.3, Definitions and Terms) Section 4.2.1, • District - specific standards have been removed from the R -7 district, as Principal Use they are either inconsistent with provisions for other similar districts or are Permissions included elsewhere in the ordinance. (See Section 3.2.10, Residential 7 (R- Section 4.3, 7) District) Standards for New uses, references to new standards, and new permissions to Specified Principal Principal, Accessory, and Temporary Use Tables. (See Table 4.2.1: Uses Principal Use Table; Section 4.4, Accessory Use and Structure Standards; Section 4.4, Section 4.5, Temporary Use Standards; For more information on these changes, see attached New Uses, Clarified Uses, Consistent Permissions, Accessory Use and and Consistent Standards Summary Sheets) Structure Standards • Use - specific standards are applied in new districts similar to the districts Section 4.5, where the standards currently apply. (See Section 4.3, Standards for Temporary Use Specified Principal Uses and attached Consistent Standards Summary Standards Sheets) Section 5.1, Parking . Use- specific standards regarding lighting, buffering, etc. included and Loading elsewhere in the ordinance have been removed. (See Section 4.3, Standards for Specified Principal Uses) • Use - specific standards have been added for new uses where needed. (See Section 4.3, Standards for Specified Principal Uses and attached New Uses and Clarified Uses Summary Sheets) Parking standards are outlined for all new principal uses. (See Section 5. 1, Parking and Loading) The amendment also clarifies some existinq definitions and standards. New Uses Summary Sheet Ia1@91aeldi1 IiZIIWTAa:'i►[yI7_ «iI►y161 New Use Definition & Standards A facility where stocks of food and personal care items, typically basic provisions and nonperishable items, are supplied free of charge to people in need. This use does not include food pantry as an accessory use to a Religious Food Pantry Assembly principal use, nor does it include incidental structures commonly referred to as Little Free Pantries. Standards: • Any areas utilized for waiting or dining shall be incidental in nature and entirely located indoors. Community Garden An area managed and maintained by a group of individuals to grow and harvest fruits, flowers, vegetables, or ornamental plants for personal or group consumption, for donation, or for incidental sale. Commercial Kitchen, A facility or area for the preparation of food and storage of and food utensils for off - premise consumption and Catering service. An establishment primarily engaged in providing infrastructure (e.g., computer systems and associated components Data Center such as telecommunications and storage systems) for data processing and storage, web hosting, application hosting, streaming services, and related services. 112 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 12 Zoning District New Use tA 2 N Q O N O N Ln 0 r 1� to LL LL 2 LL 2 LL 2 o X 2 - m N _ 0 V Ln V N oc Q oc a oc a cc o[ oc W a a a 5 m V m O V) V Q = Food Pantry P* P* Community Garden P P P P P P P P P P P P P P P P P P P P P P P Commercial Kitchen, Catering P P P P P Data Center P P P P New Use Definition & Standards A facility where stocks of food and personal care items, typically basic provisions and nonperishable items, are supplied free of charge to people in need. This use does not include food pantry as an accessory use to a Religious Food Pantry Assembly principal use, nor does it include incidental structures commonly referred to as Little Free Pantries. Standards: • Any areas utilized for waiting or dining shall be incidental in nature and entirely located indoors. Community Garden An area managed and maintained by a group of individuals to grow and harvest fruits, flowers, vegetables, or ornamental plants for personal or group consumption, for donation, or for incidental sale. Commercial Kitchen, A facility or area for the preparation of food and storage of and food utensils for off - premise consumption and Catering service. An establishment primarily engaged in providing infrastructure (e.g., computer systems and associated components Data Center such as telecommunications and storage systems) for data processing and storage, web hosting, application hosting, streaming services, and related services. 112 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 12 PROPOSED NEW ACCESSORY USES New Use Definition & Standards (in ital A vehicle parking space served by an electrical component assembly or cluster of component assemblies (battery Electric Vehicle Charging charging station) designed and intended to transfer electric energy by conductive or inductive means from the electric Station grid or other off -board electrical source to a battery or other energy storage device within a vehicle that operates, partially or exclusively, on electric energy. A facility designed to meet energy demands for the principal use of the property on which the collection facility is located, and consisting of solar panels, modules, and related equipment (e.g., heat exchanger, pipes, inverter, wiring, storage) that collects solar radiation and transfers it as heat to a carrier fluid for use in hot water heating or space heating and cooling, and /or that collects energy and converts it into electricity. A solar energy collection facility intended to serve the energy needs of a use or uses beyond the property on which the collection facility is located Solar Energy Collection shall constitute a "Solar Energy Collection Facility" principal use. Facility, Accessory Standards: • Roof - mounted solar energy collection facilities shall not extend beyond the exterior perimeter or beyond the roof peak of the building on which the collection facility is mounted or built. • Ground - mounted solar energy collection facilities shall meet the minimum requirements for accessory structures. An alternate energy device which converts wind energy by means of a rotor to mechanical or electrical energy to serve the energy needs of the principal use of the property on which the collection facility is located. A wind generator may also be deemed a windmill. A wind energy collection facility intended to serve the energy needs of a use or uses beyond the property on which the collection facility is located shall constitute an "Electricity Generating Facilities" principal use. Standards: • No equipment shall exceed the maximum height permitted in the zoning district. • All equipment, including foundation, turbines, and guy wires, shall meet the minimum required setbacks for Wind Energy Collection the principal structure, and no ground- mounted wind energy collection facility shall be allowed within any Facility, Accessory portion of a front yard. • In the case of ground- mounted wind energy collection facilities, such facilities shall be setback from all adjoining property lines a distance equal to the height of the facility. • An applicant shall provide proof of an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over speeding, or excessive pressure on the wind energy collection facility, including rotor blades and turbine components. • The operator of a wind energy collection facility shall maintain general liability insurance coverage for the installation and operation of the facility under a standard homeowner's or standard business owner's insurance policy, separate and distinct from any insurance requirements of a public utility. PROPOSED NEW TEMPORARY USES Zoning District New Use N = 2 N Q O N O N Ln — O — r Ln LL 2 LL 2 LL 2 LL 2 o X 2 - m N _ dS U ti U N c� Q cc W & & W cc cc W W W a � m U m O Lh U Q — — Electric Vehicle Charging Station P P P P P P P P P P P P P P P P P P P P P P P Solar Energy Collection Facility, P P P P P P P P P P p P P P P P P P P P P P P Accessory p P P P P P P P P p p P P P P P P P P P P P P Wind Energy Collection Facility, P P P P p P p p P P P P P P p P P p P P P P P Accessory New Use Definition & Standards (in ital A vehicle parking space served by an electrical component assembly or cluster of component assemblies (battery Electric Vehicle Charging charging station) designed and intended to transfer electric energy by conductive or inductive means from the electric Station grid or other off -board electrical source to a battery or other energy storage device within a vehicle that operates, partially or exclusively, on electric energy. A facility designed to meet energy demands for the principal use of the property on which the collection facility is located, and consisting of solar panels, modules, and related equipment (e.g., heat exchanger, pipes, inverter, wiring, storage) that collects solar radiation and transfers it as heat to a carrier fluid for use in hot water heating or space heating and cooling, and /or that collects energy and converts it into electricity. A solar energy collection facility intended to serve the energy needs of a use or uses beyond the property on which the collection facility is located Solar Energy Collection shall constitute a "Solar Energy Collection Facility" principal use. Facility, Accessory Standards: • Roof - mounted solar energy collection facilities shall not extend beyond the exterior perimeter or beyond the roof peak of the building on which the collection facility is mounted or built. • Ground - mounted solar energy collection facilities shall meet the minimum requirements for accessory structures. An alternate energy device which converts wind energy by means of a rotor to mechanical or electrical energy to serve the energy needs of the principal use of the property on which the collection facility is located. A wind generator may also be deemed a windmill. A wind energy collection facility intended to serve the energy needs of a use or uses beyond the property on which the collection facility is located shall constitute an "Electricity Generating Facilities" principal use. Standards: • No equipment shall exceed the maximum height permitted in the zoning district. • All equipment, including foundation, turbines, and guy wires, shall meet the minimum required setbacks for Wind Energy Collection the principal structure, and no ground- mounted wind energy collection facility shall be allowed within any Facility, Accessory portion of a front yard. • In the case of ground- mounted wind energy collection facilities, such facilities shall be setback from all adjoining property lines a distance equal to the height of the facility. • An applicant shall provide proof of an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over speeding, or excessive pressure on the wind energy collection facility, including rotor blades and turbine components. • The operator of a wind energy collection facility shall maintain general liability insurance coverage for the installation and operation of the facility under a standard homeowner's or standard business owner's insurance policy, separate and distinct from any insurance requirements of a public utility. PROPOSED NEW TEMPORARY USES New Use Definition Temporary Emergency A temporary establishment for the provision of emergency services, such as fire, rescue and emergency medical Services Facility services, and associated emergency preparedness, emergency management, or disaster management activities. Temporary Family A transportable residential structure accessory to a principal dwelling, not on a permanent foundation, providing an Healthcare Structure environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that is primarily assembled at a location other than its site of installation and complies with applicable provisions of the State Building Code and GS 143- 139.1(b). Page 212 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 13 Zoning District New Use = 2 X N Q N N N r r- Ln m N dS U N U N cc Q cc cc cc a a oc oc oc a cc a m U m O in U Q — — Temporary Emergency Services P P P P P P p p P F, P P P P p P P P p P P P P Facility Temporary Family Healthcare p P P P P P P P P p p P P P P P P P P P P P P Structure New Use Definition Temporary Emergency A temporary establishment for the provision of emergency services, such as fire, rescue and emergency medical Services Facility services, and associated emergency preparedness, emergency management, or disaster management activities. Temporary Family A transportable residential structure accessory to a principal dwelling, not on a permanent foundation, providing an Healthcare Structure environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that is primarily assembled at a location other than its site of installation and complies with applicable provisions of the State Building Code and GS 143- 139.1(b). Page 212 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 13 CLARIFIED USES SUMMARY SHEET PROPOSED PRINCIPAL USE CLARIFICATIONS 112 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 14 Zoning District Clarified Use = 2 N Q Ln O N O N Ln O - n Ln LL 2 LL 2 LL 2 LL 2 0 X 2 - m N dS U Ln U N oc Q oc cc oc ac cc oc oc a oc oc a 5 m U m O Ln U Q = Civic & Institutional Uses Government Services Government Offices and S P S S S S S P P P P P P P P P P P P P P P P Buildings Emergency Services Facility P P P P P P P P P P P P I P P P P P P P P P P P Emergency Services Facility: An establishment for the provision of emergency services, such as fire, rescue and emergency medical service, and associated emergency preparedness, emergency management, or disaster management activities. Note: Emergency Service Facilities most closely fall within the Government Offices and Buildings existing use, which includes a range of uses, from administrative offices and vehicle registration offices to fire stations and emergency management buildings. This clarification recognizes this difference and relaxed permissions in residential districts makes it easier for these facilities to locate closer to the areas they serve Health Care Facilities Hospital S S S* S* S* S P P P P Hospice S S S S S P P P P P P P P P Urgent Care Facility P* P* P* P* P* P* Hospice: A licensed hospice facility which provides palliative care and supportive medical and other health services to meet the physical, psychological, social, spiritual, and special needs of terminally ill patients and their families in a group residential setting Urgent Care Facility: A facility that provides emergency medical services with no provision for continuing care on an inpatient basis. Such establishments generally have a wider range of business hours than medical and /or dental offices and /or clinics, serve primarily drop -in patients, and may include accessory uses such as heliports Urgent Care Facility Standards: Urgent Care Facilities seeking approval of a heliport as an accessory use must obtain a special use permit. Note: The current Hospital use captures a range of medical facilities which accept inpatients and provide care on a 24 -hour basis. Both Hospices and Urgent Care Facilities currently fit this definition, even though these uses and their perceived impacts differ greatly. This clarification of Hospital recognizes those differences, proposing Hospices in multi - family districts better aligned with senior housing and Urgent Care Facilities in a greater range of commercial and industrial districts to allow siting to provide more localized, timely care. Commercial Uses Amusement & Entertainment Uses Indoor Recreation Establishment S* S* S* S* S* S* S* S* S* S* S* S* P P P P P S* P P P P P Outdoor Recreation S* S* S* S* S* S* S* S* S* S* S* S* P P P P P S* P P S P P Establishment Event Center P P P* P* P P Event Center: A commercial establishment, either indoors or outdoors, with the primary purpose of providing space for meetings, gatherings, reunions, weddings, conventions, private parties, and other similar gatherings. Includes convention centers, wedding and event venues, and other uses not included as part of community centers; lodges, fraternal, or social organizations; or religious assemblies. Event Center Standards: Event Centers in the B -1 and CB districts shall be limited to indoor operations only, except that outdoor operations may be allowed in these districts if approved by a special use permit. Note: Currently, properties that host events on a regular basis for the purpose of commercial entertainment or amusement including parties or weddings, are currently classified as either indoor or outdoor recreation, as they are the closest related use classification. Recreation uses also include a range of activities, including but not limited to, bowling alleys, movie theaters, putt -putt courses, and theme parks. This clarification recognizes that difference by distinguishing wedding, party, convention, or other commercial assemblies as Event Centers. Animal Services Kennel S S S* S* P P P P P S P P P P Animal Grooming Service P P P* P* P P* P P P P Animal Grooming Service: A commercial establishment where a pet may be bathed, brushed, clipped, trimmed, and /or styled for the purposes of enhancing its appearance and /or health. This use typically includes an accessory retail component that is subordinate to the grooming service. This use does not include the breeding, boarding, training, raising, or selling of any animals; for those activities, see "Kennel ". Animal Grooming Service Standards: Animal Grooming Services within the B -1, CB, and 0&1 Districts shall not include outdoor runs or play areas. Note: Animal Grooming Service currently falls under the existing Kennel use, which in addition to grooming includes boarding, breeding, running, and selling animals. This separation of uses recognizes the difference in land use impacts of grooming to the other activities covered by Kennels, which is useful for site - specific approvals, like conditional districts. Personal Services Personal Services, General P P P P P P P P P P Instructional Services and P P P P P P P P P P Studios Instructional Services and Studios: Establishments primarily engaged in teaching skills within a group setting pertaining to specialized recreational or artistic pursuits, including but not limited to, dance studios, yoga studios, fitness classes, martial arts, painting, sculpting, and singing. Note: General Personal Services currently includes all establishments providing non - medical services to individuals (with the exception of Dry Cleaning /Laundry Mats). This amendment makes it clear that establishments providing services to individuals in a group setting (yoga, dance class) are given the same permissions as those providing services in a one -on -one setting. Separation of these uses is useful for conditional districts which may want to allow certain personal service establishments, such as a yoga or dance studio, but not others, such as a tattoo parlor. 112 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 14 PROPOSED ACCESSORY & TEMPORARY USE CLARIFICATIONS None 212 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 15 Zoning District Clarified Use M 2 N Q N O N O N Ln O t!1 LL LL LL LL LL 2 0 X m N _ o6 U V1 U N cc Q oC oC eC D! o: cC cC a: a m u m O in u Q = Retail Sales Retail Sales, General P P P P P P P P P Auction House P P P Oil or Gas Dealer, Retail P P P P Auction House: An establishment where the real or personal property or others is sold by a broker or auctioneer to persons who attend scheduled sales or events. Oil and Gas Dealer, Retail: An establishment primarily engaged in the retail sale of heating oil, liquefied petroleum (LP) gas, and other fuels Note: General Retail Sales currently includes all commercial enterprises providing goods or services for sale directly to customers. This currently includes Auction Houses, which consist of a large number of people at scheduled events, and Oil and Gas Dealers, which is not an industrial use but involves large quantities of flammable material that may not be conducive to the neighborhood or community business districts that allow General Retail. Vehicle and Equipment Sales & Service Vehicle Service Station, Large p P P P P P Vehicles Transportation Vehicle Service S S P P and Storage Facility Transportation Vehicle Service and Storage Facility: A garage or yard facility where public transportation or freight vehicle fleets are stored, maintained, and dispatched into service. These facilities do not involve the storage of personal vehicles, equipment, or other items used by the general public. Note: The service, storage, and dispatch of passenger or freight vehicles most closely falls into the classification for Large Vehicle Service Station, which specifically entails repair, assembly, disassembly, or other work. Transportation Vehicle Service and Storage Facility clarifies the distinction between repair and storage for dispatch, while allowing service to take place for ongoing maintenance. The use also requires a large amount of storage yard space for large vehicle fleets, and as such is proposed as a special use permit in the CS and AC districts. Industrial Uses Industry & Manufacturing Artisan Manufacturing P P P P P* P P P P P Microbrewery/Microdistillery P P P P P P P P P Microbrewery /Microdistillery: An establishment where beer, malt beverages, wine, distilled alcohol, or mead is made on the premises primarily for on- site consumption and /or retail sales, and may be packaged for distribution off -site. Typical accessory uses may include a restaurant, tasting room, retail, food truck, and /or live entertainment, as otherwise permitted in the zoning district. For the purposes of this definition, the following shall constitute a microbrewery /microdistillery: • In the case of Microbreweries, breweries that produce no more than 15,000 barrels of beer per year AND where the total distillery size, as measured by the sum of the gross floor area, does not exceed 25,000 square feet. • In the case of Microdistilleries, distilleries that produce no more than 50,000 US gallons per year AND where the total distillery size, as measured by the sum of the gross floor area, does not exceed 25,000 square feet. For breweries and distilleries that exceed the square footage and production limits, see "Beverage Manufacturing" in the Principal Use Table. Note: Artisan Manufacturing refers to the manufacturing of goods by hand involving the use of hand tools and light mechanical equipment. Microbreweries and Microdistilleries are currently classified under Artisan Manufacturing, as it is the closest related use classification. This amendment provides a clear distinction between the two, and removes tap room /tasting room requirement from the Artisan Manufacturing use. The Microbrewery /Microdistillery use will be classified under Food & Drink in the Principal Use Table. PROPOSED ACCESSORY & TEMPORARY USE CLARIFICATIONS None 212 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 15 CONSISTENT PERMISSIONS SUMMARY Uses are listed below in the use categories (Civic /Commercial /Industrial) and subcategories (Retail /Personal Service) in which they are divided in the Principal Use Table. A narrative describing how the changes are consistent across permissions has been included below in an order that corresponds to the table. This format is repeated for accessory and temporary uses. PROPOSED PRINCIPAL USE PERMISSIONS Use Narrative Allowed in RA and R -20S districts with a special use permit because the Senior Living: Continuing Care Senior Living: Independent Living Retirement Community use (which includes the Independent Living Community use) is allowed with a Community special use permit. Allowed by -right in PD because the Senior Living: Continuing Care Retirement Community use is allowed by -right Allowed by -right in PD because the Senior Living: Continuing Care Retirement Community use (which Senior Living: Assisted Living Facility includes the Assisted Living Facility use) is allowed by -right Expanded into R -10, RMF, and 0&1 because Senior Living: Independent Living Community and Senior Senior Living: Continuing Care Living: Assisted Living Facility uses are allowed in those districts; Senior Living: Continuing Care Retirement Retirement Community Community is a combination of both of those uses. Removed from B -1 because neither of the individual components is allowed Community Center Expanded into remaining business districts and changed to S in AR to be consistent with requirements in other residential districts 113 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 16 Zoning District Use N = 2 N Q O N O N Ln O r 1� LA LL LL LL LL 0 X 2 i m N _ (J to U N OC Q OC OC OC OC OC OC OC GC OC CC d m U m O N U Q - - Agricultural Uses Agricultural and Forestry Uses, P P P P P P P P P P P P P P P P P P P P P P P General Residential Uses Household & Group Living Senior Living: Independent Living S S S S S P P P P P P Community Senior Living: Assisted Living S* S* S* S* S* t S* S* P* P* i—t- Facility Senior Living: Continuing Care S* S* S* S* S* S* S* P* P* Retirement Community Civic & Institutional Uses Civic Community Center S RS S S S S S S S S S S P P P P P P P Religious Assembly P P P P P P -S P* P* P* P* P* P P P* P* P P P P* P P P P Government Services Post Office P P P P P P P P P P P Transportation Bus and Taxi Terminal I I P P P P P P P Commercial Uses Animal Services Veterinary Service P P P P P -S P P P P Retail Sales Pharmacy P P P P P P P P P Industrial Uses Warehousing, Storage, & Wholesale Sales and Distribution Wholesaling Seafood with Water P P P _R Frontage Recreational Vehicle and Boat P* P* P* P± P* P* P* P* Trailer Storage Lot Waste & Salvage Commercial Recycling Facility, S S S* S* S P* S* P* S* S P* P* P* P* Large Collection Commercial Recycling Facility, S S S* P* P* Processing Commercial Recycling Facility, S S s -S -S Processing and Collection P* P* Use Narrative Allowed in RA and R -20S districts with a special use permit because the Senior Living: Continuing Care Senior Living: Independent Living Retirement Community use (which includes the Independent Living Community use) is allowed with a Community special use permit. Allowed by -right in PD because the Senior Living: Continuing Care Retirement Community use is allowed by -right Allowed by -right in PD because the Senior Living: Continuing Care Retirement Community use (which Senior Living: Assisted Living Facility includes the Assisted Living Facility use) is allowed by -right Expanded into R -10, RMF, and 0&1 because Senior Living: Independent Living Community and Senior Senior Living: Continuing Care Living: Assisted Living Facility uses are allowed in those districts; Senior Living: Continuing Care Retirement Retirement Community Community is a combination of both of those uses. Removed from B -1 because neither of the individual components is allowed Community Center Expanded into remaining business districts and changed to S in AR to be consistent with requirements in other residential districts 113 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 16 Amended to maintain consistency across all other Commercial Recycling Facility uses. Moving from a special use permit to by -right in industrial districts because both of the individual components are allowed Commercial Recycling Facility, by right Processing and Collection Language added to clarify that individual use standards for Collection (whichever classification a given application fits into) and Processing must be met when this use is applied for 213 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 17 Allowing Religious Assemblies in the R -7 district by -right in lieu of a special use permit because religious assemblies are allowed in other residential districts by right. The same standards that apply to the R -5 district would be applied to the R -7, which includes a maximum seating capacity. As with the R -5, certain activities would trigger a SUP (outdoor /indoor rec, schools, and greater than by -right seating allowance). Religious Assembly While this change in permissions includes the application of specific use standards to the R -7 district, it is a by -right approval and is more permissive than before. Extend existing standards for CB and CS districts to the B -1. These standards include (1) waiving seat limitations if located on a Minor Collector or greater and (2) that primary vehicular access to the use shall not be provided by a local residential street Post Office Expanded to the B -1 and 0&1 districts because this use is similar to the types of uses allowed in these districts, including Government Offices & Buildings which is permitted by right Bus and Taxi Terminal Expanded into AC to allow ILM greater flexibility for bus, shuttle, or taxi service. Veterinary Service Allowed by right in 0&1 as veterinary use is similar in land use impacts to the medical office uses allowed by right in the district to maintain consistency across all other commercial districts Pharmacy Allowed pharmacy in AC district to aid in providing greater convenience in the airport vicinity Wholesaling Seafood with Water Removed from AC district due to lack of water frontage Frontage Recreational Vehicle and Boat Trailer Removed from 0&1 district (Recreational Vehicle and Boat Trailer Storage Lots do not currently occupy any Storage Lot property zoned 0&1) Commercial Recycling Facility, Allowed by special use permit in B -2 to maintain consistency across all other Commercial Recycling Facility Processing uses. The Commercial Recycling Facility, Processing and Collection use (which includes the Commercial Recycling Facility, Processing use) is allowed Amended to maintain consistency across all other Commercial Recycling Facility uses. Moving from a special use permit to by -right in industrial districts because both of the individual components are allowed Commercial Recycling Facility, by right Processing and Collection Language added to clarify that individual use standards for Collection (whichever classification a given application fits into) and Processing must be met when this use is applied for 213 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 17 PROPOSED ACCESSORY USE PERMISSIONS Use Zoning District Ln X 2 = 2 N N Q O O N O N In O Ln LL LL LL LL X � X m N _ V Ln V N N Ce a Q oc oc a oc oc a oc a oc oc a m m u m O Ln V Q = Debris Site Home Occupation P P P P P I P P P I P I P P I P I P P I P I P P I P I P P P P P Use Narrative Expanded permissions to commercial and industrial districts to allow residents of single - family uses in Home Occupation those districts to engage in a home occupation. These dwellings are zoned commercial /industrial and would allow most commercial activity by right PROPOSED TEMPORARY USE PERMISSIONS Use Zoning District X 2 X N Q O O Ln O LL LL LL W LL W a X � N Ce W oC cG cG 0C 0C W ce m u m O N u Q 2 Debris Site P P P P P P P P P P P I P P I P I P P I P I P P I P I P P I P Use Debris Site Narrative Expanded permissions to all districts to allow clean -up efforts greater flexibility following emergency events Use specific standards have been added to address: (1) encroachments into -or obstructions of- streets, rights -of -way, driveways, buildings, bicycle /pedestrian facilities, fire lines and hydrants, or any other public utility easements or infrastructure; and (2) 30 -day limitation unless granted an extension by the Planning Director. Debris sites shall comply with the following standards: 1. No debris may be located so as to encroach into, or wholly or partially obstruct, any street, right -of- way, driveway, building, sidewalk, multi -use path, fire lane, fire hydrant, or other public infrastructure or utility easement. 2. Debris sites are limited to no more than 30 total consecutive calendar days at any one time, unless granted an extension by the Planning Director. Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 18 313 CONSISTENT STANDARDS SUMMARY Uses are listed below in the use categories (Civic /Commercial /Industrial) and subcategories (Retail /Personal Service) in which they are divided in the Principal Use Table. A narrative describing how the changes achieve consistency across standards has been included below in an order that corresponds to the table. PROPOSED PRINCIPAL USE STANDARDS Use Zoning District Q oc Q N O N oc O N a Ln oc O r a 1� cc to o[ LL oc LL. oc = LL cc 2 LL cc D a N X m m V N m 03 O V Ln N V V Q = N Agricultural Uses Stable P P* P* P* P* P P P P Civic & Institutional Uses Civic Animal Shelter S* S* S* S* P P P P P S P P P P Lodges, Fraternal, & Social Organizations S* S* S* S* S* S* S* P P P P P P P Religious Assembly P P P P P P P* P* P* P* P* P* P P P* P* P P P P* P P P Transportation Marina, Commercial with Floating Structures S* S* S. S* S* S* S* S* S* Commercial Uses Animal Services Equestrian Facility P P* P* P* P* P P P P Kennel S S* S* S* P P P P P S P P P P Retail Sales Convenience Store S* S* S* S* S* P P P P P S P P P P Vehicle & Equipment Sales and Service Vehicle Service Station, Minor P S P* P* P P P P P P Industrial Uses Industry and Manufacturing Artisan Manufacturing P P P P* P* P P P P P Warehousing, Storage, Wholesale sales, and Distribution Warehousing P P P* P* P P P Waste & Salvage Commercial Recycling Facility, Small Collection S S S* S* S* S* S S S S S P* P* P* P* P* S* P* P* P* P* P* Commercial Recycling Facility, Large Collection S S S* S* S P* S* P* S* S P* P* P* P* Use Change(s) Stable Applied 100' setback standard currently required in the AR, R -20, and R -15 districts to R -20S Animal Shelter Extend provisions for minimum lot size, access, setbacks, and sewage disposal systems currently required in the R -20 and R -15 districts to RA and R -20S Lodges, Fraternal, & Social Applied standards to R -20S to be consistent with standards for other residential districts, which Organizations include minimum lot size, setbacks, and provisions for food, refreshments, and entertainment Allowing Religious Assemblies in the R -7 district by -right in lieu of a special use permit because religious assemblies are allowed in other residential districts by right. The same standards that apply to the R -5 district would be applied to the R -7, which includes a maximum seating capacity. As with the R -5, certain activities would trigger a SUP (outdoor /indoor rec, schools, and greater than by -right Religious Assembly seating allowance). While this change in permissions includes the application of specific use standards to the R -7 district, it is a by -right approval and is more permissive than before. Extend existing standards for CB and CS districts to the B -1. These standards include (1) waiving seat limitations if located on a Minor Collector or greater and (2) that primary vehicular access to the use shall not be provided by a local residential street Extended standards from R -20S, R -20, R -15, B -1, B -2, 1 -1, and 1 -2 to apply to all districts. Standards Marina, Commercial with Floating include floating structure setbacks, dwelling unit allowance (1), pier /dock /walkway required to serve Structures floating structures, water /sewer, solid waste, land area set - asides (2,000sf per floating structure), and mitigation to impacts on water quality /conservation resources. Equestrian Facility Applied 100' setback standard currently required in the AR, R -20, and R -15 districts to R -20S 112 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 19 Removed "grooming" from Kennel definition with introduction of Animal Grooming Service use Kennel Extended provisions for minimum lot size, access, setbacks, and sewage disposal systems from R -15 and R -20 to include R -20S Extended protections in the R -15 district to RA, AR, R -10, and R -7 districts. These include: maximum Convenience Store lot size, maximum structure square footage, prohibition of convenience stores in the interiors of subdivisions, and fuel pump limitation (1 pump allowed) and setbacks Extended standards from CB to include B -1. Standards include: no vehicle sales or towing allowed, all work and storage conducted indoors, 24 -hour limit on vehicle storage, vehicles parked in a way that Vehicle Service Station, Minor does not create hazards, and the site plan must show any outdoor work areas and a fence /wall /screen is required for such areas Warehousing Extended standard from CS to include B -2 prohibiting storage of live animals, explosives, and flammable gasses /liquids to B -2 district Wholesaling Extended standard from CS to include B -2 prohibiting wholesaling of live animals, explosives, and flammable gasses /liquids to B -2 district Applied current standards to all districts where allowed by right. Standards include maximum facility size, recycling products limitations, host tract required, 100' setback from residential property, Commercial Recycling Facility, Small containers constructed of durable materials, no power- driven equipment allowed, no recycling Collection material storage allowed outside container, parking required for attendees, contact information of pickup /maintenance organization required to be displayed, site monitored daily, and site cannot reduce any required landscaping on the property Commercial Recycling Facility, Large Applied current standards to all districts where allowed by right. Standards include no maximum Collection facility size, recycling products limitations if approved by SUP, host tract not required, 100' setback from residential property, and limited to 7am -7pm operations when adjacent to residential property PROPOSED ACCESSORY USE STANDARDS None PROPOSED TEMPORARY USE STANDARDS None 212 Board of Commissioners - November 16, 2020 ITEM: 22- 3 - 20 2020 -11 Board of Commissioners Draft -Tree Retention Section 2.3 Definitions and Terms Native Species A species of tree or other plant that evolved naturally in Southeastern North Carolina without human intervention as identified by the North Carolina Extension Service or US Department of Agriculture. Common examples will be listed in technical manual. Invasive Species A species of tree or other plant listed as a nonnative invasive plant by the US Department of Agriculture, Forest Service. Section 5.3 Tree Retention Purpose statements are being removed as policy 5.3.1 Purpose and intent intent is covered by the Comprehensive Plan. 0 rnpertaRt Ratural assets tha r.e.p.bribute to Piev. HaRE)VeF GOURty's quality of life, this A.�'�servat feRergy by shadiRg buildings and paved aGs- R Filtering of airherne pelli Monts; , B G. Removal Of atMGGPheFiG GaFbGR dioxide; D.RedFGt!on of r stermwateeT r run f; E. e wing of fleed watef-� f F Renhorging of groundwater; G. DrOteGtien of the GUltural and h'ctnrin ohoraotn_r of the area; and H. IR ea ng the vale ie of homes onrl businesses-. 5.3.21 Applicability The standards of this section shall apply to all lands and development under the County's zoning jurisdiction except the following: A. Properties that are taxed on the basis of present -use value as forestland in accordance with Article 12, Chapter 105, N.C.G.S., or that are otherwise exempt under state law; B. Forestry activity that is conducted in accordance with a forest management plan that is prepared or approved by a forester registered in accordance with Chapter 89B, N.C. G.S. , C. Any lot of record that is less than one acre in area and located in a residential zoning district; Page 116 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 1 2020 -11 Board of Commissioners Draft -Tree Retention D. Any residential lot that is less than one acre and shown on an approved preliminary plan; and E. Residential subdivisions of five or fewer lots unless they are subject to an Additional Dwelling 14n+t Allowance special use permit or MDP Master Plan; and F. Trees that are subject to the requirements of this section, but that are demonstrated to be dead, dying, or diseased by greater than 50 percent, as a result of natural factors. 5.3.32 Forestry and Property Clearing A. A letter of exemption for timber harvest or other exempted forestry activity must shall be issued by the Planning Director prior to the removal of any documented, significant, or specimen trees subject to the requirements of this section, regulated or signifir•an+ tree based on proof of exemption in accordance with N.C.G.S. FZ� cv 1 �= 160D -921. B. While exempted forestry activities are not subject to the tree retention requirements of this section, failure to obtain an exemption to a tree removal permit prior to any timber harvest or other property clearing activity will result in the denial of a building permit, site plan approval, or subdivision approval for a period of three years, regardless of any change in ownership, if the harvest results in the removal of all or substantially all regulated OF sigRifira Rt treed documented, significant, or specimen trees from the tract. The denial period shall be increased to five years in situations where removal of all or substantially all regulated trees was a willful violation of these County regulations. 5.3.3 Tree Inventory Trees existing on a site at the time of development that are required to be retained or replaced in accordance with this section shall be inventoried by a cover type survey conducted by point sampling, fixed plot sampling, field survey or other method approved by the Planning Director. Areas that will not be disturbed shall be delineated as such and do not require inventorying individual trees. 5.3.4 Tree Retention Standards A. Identification of Regulated Trees The ereVisiens of +hie seGtlerl pFete Gt the felleWORg regulated trees: 11 . PreteEted Trees,�vnTGh are hardweed trees a. least �htinGhes,�� dianrneteF at breast height /r1RlllrGe tFees at 12" ID13H and all degweeds and AmeriGaR hellies larger than 4" r1R44• and e o e and fleweFiRg trees at least eight inGhes (g") DB . 3. ��ihinh are aRY liVe oak trees r1RH e @+I�e�l 2@S, �m@E least 36" Three types of trees are regulated or protected by this section. They are Documented Trees, Significant Trees, and Specimen Trees. This categorization of trees is based on the tree species and existing minimum Diameter at Breast Height (DBH) of the trees. Documented Trees, Significant Trees, and Specimen Trees regulated or protected by this section are identified in Table 5.3.4.A: Regulated Trees. Page 2 16 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 2 2020 -11 Board of Commissioners Draft -Tree Retention Table 5.3.4.A: Regulated Trees Regulated Tree Type Minimum Diameter at Breast Height (DBH) Documented Trees Dogwoods and American hollies 4 inches Long Leaf Pine, Pond Cypress, Bald Cypress, and Hardwoods* 8 inches Other Conifers 12 inches Significant Trees Dogwoods, Magnolias, Native Flowering Trees, and American Hollies 8 inches Long Leaf Pine, Pond Cypress, Bald Cypress, and Hardwoods* 18 inches Other Conifers 24 inches Specimen Trees Live Oaks, Pond Cypress, and Bald Cypress 36 inches *Only includes Sweetgums when they are located within required vegetative buffer areas or required open space set - asides. B. The Planning Director may permit or require a reduction in required street yards, landscape islands, foundation plantings, setbacks, or other dimensional, parking, or landscaping standards for the purpose of retaining significant or specimen trees. C. A minimum of 15 trees at least two inches {-2") DBH or two caliper inches, as applicable, shall be retained or planted on the a parcel where development occurs for eaGh aGFe GF PFOPOFtiGRate area disturbed by developmeRt in accordance with Section 5.4, Landscaping and Buffering. D. Regulated trees within a 50 -foot perimeter of the property must be retained and protected during non - exempt tree harvests. All significant trees shall be retained. E. If existing trees and shrubs on the site where a transitional buffer is required meets at least 50 percent of the required opacity standards, then those trees and shrubs shall be retained for use in buffering and supplemented as needed with plantings, fences, and /or berms to meet the required standards of Section 5.4.3, Transitional Buffer Standards. In all cases, existing trees (unless invasive) greater than eight inches DBH shall not be removed from a 20 -foot buffer strip, unless the Planning Director determines removal of such trees is necessary for the installation of utilities or other required essential improvements. The retention requirements in this section shall not apply to existing trees or shrubs identified as invasive species, as defined in this Ordinance. Page 316 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 3 2020 -11 Board of Commissioners Draft -Tree Retention 5.3.5 Tree Removal Permit A. Unless a waiver, exemption, or exception applies in accordance with Section 5.3.1, Applicability or Section 10.3.9.B.2, Waivers, Exemptions, and Exceptions, no person, directly or indirectly shall remove any regulated tree identified in Section 5.3.4, Tree Retention Standards, from public or private property without first obtaining a tree removal permit in accordance with Section 10.3.9, Tree Removal Permit. B. Unless a waiver, exemption, or exception applies in accordance with Section 10.3.9.6.2, Waivers, Exemptions, and Exceptions, a tree removal permit is required before any clearing, grading, or other authorizations may be issued, including building permits. C. The removal of any specimen tree is prohibited on any parcel unless exempt according to Section 10.3.11, Variance — Zoning and Subdivision. If a specimen tree is removed without a permit, the penalty for this violation shall be twice the mitigation fee. 5.3.66 Tree Protection During Deyel ^r"'''' °M* Construction A. Existing trees speGified OR the rnn„iFed IaRGIGGape plan to rnmaiI retained on the site to comply with the standards of this section shall be preteGte d from Update to , and "R the fiRal current IandGGape desire" identified on the required landscape plan. An undisturbed 5.3.7.0 area with a porous surface shall be reserved around each tree as determined by the tree's drip ring of its natural canopy. Update to current 5.3.7.A & 5.3.7.0 Current 5.3.7.8 Current 5.3.7. D B. Prior to any clearing, grading, or construction activity, approved tree protection fencing, such as safety barrier fencing, a wooden slat snow fence or wire fence, shall be installed around protected trees or tree stands located in construction areas or other site areas that will be disturbed by construction activities. The fencing shall be a minimum of four feet in height and be of durable construction. Tree protective fencing shall remain in place through completion of construction activities. C. No construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. ❑C If ° rnn, ,later! tree an existing tree retained to comply with the standards of this section is destroyed, substantially damaged, or dies as a result of negligence on the part of the property owner within three years after completion of construction, then replacement trees shall be planted on the site with a total diameter equal to twice the diameter of the pFeteEted retained tree. A minimum growing area of 144 square feet shall be provided for each replacement tree. If the Planning Director determines it is infeasible for replacement tree(s) to be accommodated on the site, then a payment may be made to the County's Tree Improvement Fund equivalent to the pricing standards in the County fee schedule. 5.3.67 Mitigation Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 4 Page 416 2020 -11 Board of Commissioners Draft -Tree Retention When Significant Trees are authorized for removal by a tree removal permit or Specimen Trees are authorized for removal by a variance, they shall be replaced at a rate of 2.0 times the caliper inches at DBH removed, except as provided in subsection D below and Section 5.3.8, Optional Incentives for Update Retaining Trees. The fetal ealiner inches of all sinnifieanf trees proposed for of removal shall be totaled and deublled The resultant number of ealiner inches current 5.3.6.A size, er greater. (see A g Each replacement tree shall be a minimum of 2 -inch caliper size at time of above) planting. C. Replacement trees should reflect the type (e.g., hardwood, flowering, evergreen, deciduous, canopy, understory, etc.) of tree being removed to the maximum extent practicable based on the compatibility of the species with proposed buildings and infrastructure, existing environmental conditions, and diversity of tree species. If the Planning Director determines it is infeasible for a portion or all of the replacement tree(s) to be accommodated on the site, the Planning Director may direct that an in -lieu fee be paid to the County's Tree Improvement Fund. The mitigation fee as set forth in the County's fee schedule shall be charged for every inch at DBH of Significant Tree removed and two times every inch at DBH of Specimen Tree removed. If in the rdeterminatien of the Dlanniniv -a the ac FneU'Rt of trees that Gann be a mmerdated en site will he renlaeerl EEerrrrrrvaur err c- wT-rr��rc�uccv , ImeH E)f PFGVidiRg GR site trees. This paymeRt shall be R;ade ORW the GOURly Trpe I ement F R d +e he used fer plaRt'RgS of p bk snares in the general Vicinity of the nreieef The amei int of the payment shall he as set forth Significant Trees and Specimen Trees that are removed by spading and planted elsewhere on the site are exempt from mitigation. Significant Trees and Specimen Trees that are removed by spading and accepted by the County for planting on property at a location designated by the County Manager are exempt from mitigation. Any tree that has been transplanted for the purpose of this section and that becomes diseased or dies within three years of transplanting shall be replanted by the party requesting the exemption with a tree of the same species and size or mitigated pursuant to this article. G. ARY mitigation tFees Fequired as a result ef the Ferneval Of SigRifiGaRt trees shall not he eounteld to meet the requirements of the buffer yard buffers, or interior narking requirements. is These trees mi ist be ed in ardditien te'any free P°TT�9� "`7urrer�e�irv�TVac- cr�--p�i� rcc required by this seefien 5.3.8 Optional Incentives for Retaining Trees A. The retention of existing trees on a site is encouraged. As an incentive to encourage the retention of as many existing trees and existing tree stands on a site as possible, the following credits may be applied to all existing non- invasive trees in good health and condition that are retained on a site to protect tree canopy, native species, and existing natural habitat and as long as the applicable standards of this section are fully met. Page 516 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 5 2020 -11 Board of Commissioners Draft -Tree Retention 1. One parking space from the minimum number of parking space required by Table 5.1.4.A: Minimum Off - Street Parking, may be credited for every three existing Documented Trees or two existing Significant Trees retained on a site, up to a maximum of a 15 percent reduction of the parking requirements. 2. Retention of existing unregulated or Documented Trees a minimum of 2 inches DBH counts for mitigation of the removal of Significant Trees with every inch at DBH retained counting for one mitigation inch. 3. Retention of existing native species unregulated or Documented Trees a minimum of 2 inches DBH counts for the mitigation of Significant Trees or Specimen Trees removed with an approved variance, with every inch at DBH retained counting for one mitigation inch for Specimen Trees and 1.5 mitigation inch for Significant Trees. 4. Retention of existing trees growing in mature native forests, as determined by a certified arborist or a North Carolina licensed forester, counts for mitigation of the removal of Significant Trees or Specimen Trees removed with an approved variance, with every aggregate inch at DBH counting for one mitigation inch for Specimen Trees and 1.5 mitigation inch for Significant Trees. 5. Retention of existing trees growing in stands or natural clusters, as determined by a certified arborist or a North Carolina licensed forester, counts for the mitigation of Significant Trees or Specimen Trees removed with an approved variance, with every aggregate inch at DBH retained counting for one mitigation inch for Specimen Trees, 1.5 mitigation inch for Significant Trees if primarily composed of native species, and 1.0 mitigation for Significant Trees if primarily non - native species. B. If a retained Documented Tree or Significant Tree or tree retained for mitigation purposes dies within three years of the date of construction on the site, it shall be replaced in accordance with Section 5.3.8, Mitigation. 5.3.89 Removal of Hazardous Trees A. The Planning Director may cause or order removal of any tree or part of a tree, on public or private property, that is in an unsafe condition, damaging to sewers or other public improvement facilities, or infested by an injurious fungus, disease, insect, or other pest. B. The Planning Director may cause or order necessary treatment for any tree on public or private property that is infested by any injurious fungus, disease, insect, or other pest when such action is determined necessary to prevent the spread of any such injurious conditions or pest and to prevent danger to persons or property, or to vegetation planted on adjacent property. C. No foliage shall be allowed to extend from public or private property into any portion of a street right -of -way below a height of eight feet above the grade of the sidewalk at the property line or, if no sidewalk grade has been established, as measured from the center of the roadway. The Planning Director may cause or order corrective action to prevent any such condition from existing. Page 616 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 6 2020 -11 Board of Commissioners Draft -Open Space Section 2.3 Definitions and Terms 3.1.3 Superseding Dimensional Standards D. Performance Residential Development 5. Open Space Open space set -aside provisions are outlined in Section 5.8, Open Space Requirements. All URdivided areas withiR the develepmeRt (ether thaR street rights ef way, parkiRg, aPA requiremeRtS of Confirm F Q , QpeR Cr aGe Requirements E. Additional Dwelling Allowance 3. Required Open Space and Improved Recreational Land a. Minimum Requirements 1. Table 3.1.3.E.3.a.1: Required Minimum Open Space 9F Impreved Recreational Land, establishes the minimum amounts of the gross use site area (see s bSeGtien 1 above) that shall be either set aside as open space nr impreyed reGreat'eRal in accordance with the standards of Section 5.8, Open Space Requirements. NOTES: [1] As a percentage of the base site area. 1118 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 7 R -20 50% R -15 35% R -10 20% GPD 35% O &1 35% NOTES: [1] As a percentage of the base site area. 1118 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 7 2020 -11 Board of Commissioners Draft -Open Space 2. If the development shall consist of detached single family units on subdivided lots no less than 6,000 square feet, however, the above minimum amounts for open space or improved recreational land may be reduced by one -half. b. nrnVed DeGrea+iE)Ral Land vfandards- rI mproy Tre Ereaflenal luna required by aabae Eti en a abeye , shall rensiSt of ' GGUFtS, gvllf GO Fses ball basketball GGij SGGGerfields, tot lots aR d GGFnrRunity TeGrea i�r�The ameH inrf of improved recreational IruRd shall be equal to at least 15 PeFceRt ef the lase site area. G. npen Spare Stanrdarrds The IleWiRg ad ditiGnapees of peerrmaReRt eppeR spare shall he provided anrd 2118 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 8 2020 -11 Board of Commissioners Draft -Open Space 3.2.12 Residential Multi - Family Low Density (RMF -L) District D. District Dimensional Standards Standard Single Family Detached Duplex Triplex Quadraplex Multi - Family Lot area, minimum (square feet)* 5,000 7,500 12,500 17,500 20,000 1 Lot width, minimum (feet)* 50 100 2 Front setback (feet)* 20 35 3 Side setback, street (feet)* 10 30 4 Side setback, interior (feet)* 5 20 5 Rear setback (feet)* 15 25 Density, maximum (dwelling units /acre) 10 0 20 Of PrGj&Gt Building height, maximum 3 stories, with a maximum of 45 feet ** * Does not apply to Performance Residential Developments (see Section 3.1.3.D) ** Heights over 35 feet subject to additional setback of 4 additional feet 3.2.13 Residential Multi - Family Moderate Density (RMF -M) District D. District Dimensional Standards Standard Single Family Detached Duplex Triplex Quadraplex Multi - Family Lot area, minimum (square feet)* 5,000 7,500 12,500 17,500 20,000 1 Lot width, minimum (feet)* 50 100 2 Front setback (feet)* 20 35 3 Side setback, street (feet)* 10 30 4 Side setback, interior (feet)* 5 20 5 Rear setback (feet)* 15 25 Density, maximum (dwelling units /acre) 17 Required Qpe- aGe (O/ of nrGiort Site) 2G Building height, maximum 3 stories, with a maximum of 45 feet ** * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Heights over 35 feet subject to additional setback of 4 additional feet Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 9 2020 -11 Board of Commissioners Draft -Open Space 3.2.14 Residential Multi - Family Medium -High Density (RMF -MH) District D. District Dimensional Standards Standard Single Family Detached Duplex Triplex Quadraplex Multi - Family Lot area, minimum (square feet)* 4,000 7,500 12,500 17,500 20,000 1 Lot width, minimum (feet)* 40 90 2 Front setback (feet)* 15 30 3 Side setback, street (feet)* 10 30 4 Side setback, interior (feet)* 5 20 5 Rear setback (feet)* 15 25 Density, maximum (dwelling units /acre) 25 Qon ro,+ QpeR Space 28 ( of proleG+ Building height, maximum 3 stories, with a maximum of 45 feet ** * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Heights over 35 feet subject to additional setback of 4 additional feet 3.2.15 Residential Multi - Family High Density (RMF -H) District E. District Dimensional Standards Standard Single Family Detached Duplex Triplex Quadraplex Multi - Family Lot area, minimum (square feet)* 3,000 6,000 9,000 12,000 15,000 1 Lot width, minimum (feet)* 40 80 2 Front setback (feet)* 15 30 3 Side setback, street (feet)* 10 30 4 Side setback, interior (feet)* 5 20 5 Rear setback (feet)* 15 25 Density (maximum dwelling units /acre) 36 giro.+ QpeR Space (91 o,+ 28 -eq of pr„ Building height, maximum 3 stories, with a maximum of 45 feet ** * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Heights over 35 feet subject to additional setback of 4 additional feet P a (1' 4118 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 10 2020 -11 Board of Commissioners Draft -Open Space 3.3.6 Exceptional Design (EDZD) Planned Development District E. Other District Standards 6. Open Space Open space shall be gFev+ded Within all ovnon#iGnnl deGigR ZnniRg distr!Gts anal ovnon} as nreyi decd in si bE;ention n helew, shall equal a minima im of 35 nernent of the moss site area of the rdistrir•t. A minimum 35 percent of the gross area of each EDZD district established shall be set aside as open space in accordance with the standards in Section 5.8, Open Space Requirements. (nnen snane may he nafi iral or renreational as defined in this OF dinanGe er e gGlf e and basketball GGUrtS. I Inlmnreyerd passive rerreatien even snares are enrol iranerd. anrd quality of life for the future ire residents er natrens of the ED Certinn F Q , Open Spare Req iirements e. To prevent bacterial contamination of surface water, pet waste stations shall be installed within required open spaces, and a maintenance schedule for the pet waste stations shall be implemented. 0 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 11 2020 -11 Board of Commissioners Draft -Open Space Section 5.8 Open Space Requirements 5.8.1 APPLICABILITY A. General Unless exempted in accordance with subsection B below, all new residential and mixed - use development shall comply with the standards in this section. B. Exemptions The following development is exempt from the standards in this section: 1. Single - family and two - family dwellings and mobile homes on individual lots of record or that are created as part of minor or exempt subdivisions; 2. Development where the total minimum open space set -aside required in accordance with this section, including all phases of development, would be Current 10, 000 square feet or less and cannot be combined with designated open space 6.3.3.G.3 areas, conservation areas, or parks located on adjacent property. 5.8.3 OPEN SPACE SET -ASIDE STANDARDS WO Except in the EDZD district, all development subject to the standards in this section shall provide the following percent of gross site area as open space set - aside: These percentages are intended to provide similar amounts of open space as currently required, given A. Residential Uses: the proposed changes to the areas that qualify as 1. Conventional Subdivision: 10 open space as described in 5.8.4. percent 2. Performance Residential Project: 20 percent B. Mixed -Use Developments: 15 percent A. General The features and areas identified as counting towards open space set - asides in Table 5.8.5: Open Space Set -Aside Features, shall be credited towards compliance with the amount of open space set -aside requirements outlined in Section 5.8.4, Open Space Set -Aside Standards. Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 12 0 2020 -11 Board of Commissioners Draft -Open Space Areas Counted as Common Description Open Space Set - Asides Natural Features Lakes, rivers, streams, ponds, wetlands, other riparian areas, flood hazard areas, natural vegetation, and wildlife habitat areas (see Section 5.7, Conservation Resources; Section 5.3, Tree Retention; and Article 9, Flood Damage Prevention) Design and Maintenance Requirements • Preservation of any existing natural features and flood hazard areas shall have highest priority for locating open space set - asides • Maintenance is limited to the minimum removal and avoidance of hazards, nuisances, and unhealthy conditions • Preservation of existing stands of long leaf pine or old growth forest as determined by a certified arborist will count as double the acreage for purposes of meeting the open space requirements in 5.8.4, Open Space Standards Passive Recreation (Formal Plantings and Gardens) Formally planned and Formal plantings and gardens regularly maintained open shall have at least one direct areas that provide passive access to a building or to a recreation opportunities, street, bikeway, or walkway including arranged accessible to the development's 11rtr. plantings, gardens, occupants and users community gardens, green roofs, gazebos, and similar structures Required Landscape Areas All areas occupied by See Section 5.4, Landscaping required landscape areas, and Buffering tree protection areas, poll vegetative screening, and water quality buffers, except landscape areas within parking lots Page 7118 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 13 2020 -11 Board of Commissioners Draft -Open Space Stormwater Management Areas Treated as Site Amenities r The land area occupied by Qualifying stormwater stormwater management management facilities should be facilities (including retention designed as much as and detention ponds and practicable to support passive other bioretention devices). recreation uses by including gentle slopes (less than 3:1) and vegetative landscaping and should be accessible to the development's occupants. Access Easements with Paths or Trails Access easements that Such access easements shall include paths or trails that include at least one improved are available for passive access from a street, sidewalk, recreational activities such or trail that includes signage as walking, running, and designating the access point biking Active Recreational Areas Land occupied b p y areas Land shall be contiguous and facilities used for active unless used to link or recreational purposes, such continue an existing or - as ballfields, playgrounds, planned open space tennis courts, pools, jogging resource trails, and community x buildings and clubhouses, Areas shall have at least and land dedicated for one direct access to a parks. building or to a street, bikeway, or walkway accessible to the public or the development's occupants and users Community Water Access Piers, boardwalks, and /or land area associated with approved community boating facilities. All qualifying access areas shall be available to all residents of the development for use. Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 14 • i; 2020 -11 Board of Commissioners Draft -Open Space Squares, Forecourts, and Plazas B. Not Counted as Open Space The following areas shall not be counted as open space set -aside areas: 1. Private yards and all areas within private residential lots; 2. Street rights -of -way or private access easements, including sidewalks located within those rights -of -way or easements; 3. Open parking areas and driveways; 4. Land covered by structures unless designated above in Table 5.8.5; 5. Designated outdoor storage areas; 6. Stormwater conveyance features (e.g. swales and drainage ditches) not incorporated into natural feature areas, landscaping, or passive recreation areas; and 7. Parking lot interior landscaping. C. Access The developer shall not place age, religious, sex, or economic restrictions (other than Current maintenance assessments) upon lot or unit owners for the use of the open space. 5.8.2 Land which is restricted in any way for the use, benefit, or enjoyment of a select group within the development shall not qualify as open space. 5.8.6 DESIGN STANDARDS A. Location Open space set - asides shall be located so they are readily accessible by occupants and users of the development. In residential subdivisions, open space set - asides shall be located within one -half mile of all residential lots, to the maximum extent practicable. 9A Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 15 Open areas immediately in A square, forecourt, or plaza front of a building or framed shall be at least 200 square by buildings or streets that feet, but no more than one 8 , provide gathering places, acre, in area. opportunities for outdoor - -- dining, etc. A square, forecourt, or plaza ' shall have at least one direct access to a principal building, or to a street, bikeway, or walkway accessible to the public or the development's occupants and users. • Surrounding principal buildings shall be oriented toward the square, forecourt, or plaza B. Not Counted as Open Space The following areas shall not be counted as open space set -aside areas: 1. Private yards and all areas within private residential lots; 2. Street rights -of -way or private access easements, including sidewalks located within those rights -of -way or easements; 3. Open parking areas and driveways; 4. Land covered by structures unless designated above in Table 5.8.5; 5. Designated outdoor storage areas; 6. Stormwater conveyance features (e.g. swales and drainage ditches) not incorporated into natural feature areas, landscaping, or passive recreation areas; and 7. Parking lot interior landscaping. C. Access The developer shall not place age, religious, sex, or economic restrictions (other than Current maintenance assessments) upon lot or unit owners for the use of the open space. 5.8.2 Land which is restricted in any way for the use, benefit, or enjoyment of a select group within the development shall not qualify as open space. 5.8.6 DESIGN STANDARDS A. Location Open space set - asides shall be located so they are readily accessible by occupants and users of the development. In residential subdivisions, open space set - asides shall be located within one -half mile of all residential lots, to the maximum extent practicable. 9A Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 15 2020 -11 Board of Commissioners Draft -Open Space B. Accessibility Current All lots or units created within the development shall have d+r-eG access to all open 5 $ 2 space and recreational facilities, as provided, by means of dedicated streets or walkways within the development or by the fact of physical contiguity to other public lands in common ownership of all residents. C. Configuration 1. Open space set - asides shall be integrated and contiguous, unless a different configuration is needed to continue an existing trail or accommodate preservation of natural features. 2. If the development site is adjacent to existing or planned public trails, parks, or other public open space area, the open space set - asides shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge the trail, park, or other public open space area (see Figure 5.8.6.8: Example Open Space Set - Aside Configuration). 3. Pedestrian access to open space set - asides intended for recreation shall be provided from sidewalks or other pedestrianways within the development. Figure 5.8.6.8: Example Open Space Set -Aside Configuration Before iS ua gTuWw Cxaemcmy , Opaa field ` t i Land i • �" f*N Trey or After Gmef"Y D. Permitted Development within Open Space Set -Aside Development within an open space set -aside shall be in accordance with the purposes and description of the type(s) of open space set - aside. Where appropriate, such development may include, but is not limited to, walking, jogging, and biking paths or trails; benches or other seating areas; meeting areas; tables, shelters, grills, and other picnic facilities; docks and other facilities for fishing; environmental education guides and exhibits; gazebos and other decorative structures; fountains or other water features; play structures for children; gardens or seasonal planting areas; pools; athletic fields and courts; and associated clubhouses. Page 10118 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 16 2020 -11 Board of Commissioners Draft -Open Space E. Flexibility in Administration Authorized 1. The approval body is authorized to permit minor deviations from amount, size, location, and nature of open space set -aside standards whenever it is Updates determined that: (i) the objectives underlying these standards can be met without current strict adherence to them; and (ii) because of peculiarities in the developer's tract 6.3.3.4.o of land or the facilities proposed, it would be unreasonable to require strict adherence to these standards. 2. Whenever the approval body authorizes some deviation from the standards set forth in this section, the official record of action taken on the development application shall contain a statement of the reasons for allowing the deviation. 5.8.7 OWNERSHIP, MANAGEMENT, AND MAINTENANCE Update of provisions A. General in current 6.3.3.G.4.m Open space set - asides shall be managed and maintained as permanent open space through one or more of the following options: 1. Retention of open space set aside areas by the developer; 2. Conveyance of open space set -aside areas to a property owners' or homeowners' association established in accordance with the requirements of Section 6.4.4, Property Owners' Association (POA), that holds the land in common ownership and will be responsible for managing and maintain the land for its intended open space purposes. 3. Conveyance of open space set -aside areas to a third party beneficiary such as an environmental or civic organization that is organized for, capable of, and willing to accept responsibility for managing and maintain the land for its intended open space purposes in perpetuity; 4. Transfer to the County, for use as open space or other recreation area, provided the County consents to the transfer, or 5. Establishment of easements on those parts of individually -owned lots including open space set -aside areas that require the areas to be managed consistent with the land's intended open space purposes and prohibit any inconsistent future development, in perpetuity. B. Responsibility for Managing and Maintaining Responsibility for managing and maintaining open space set - asides rests with the owner of the land of the open space set - asides. Failure to maintain open space set - asides in accordance with this section and the development approval or permit shall be a violation of this Ordinance. Update of provisions in current 5.8.8 PAYMENTS IN -LIEU OF DEDICATION 6.3.3.G.3 and 6.3.3.G.4.n A. As part of a conditional rezoning, master development plan, special use permit, or major residential subdivision consideration, the approval body may authorize a payment in -lieu of dedication for all or a portion of the required open space when such is determined to be in the best interest of the citizens of the areas to be served. Criteria to be used in this determination shall include: Page 11 1 18 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 17 2020 -11 Board of Commissioners Draft -Open Space 1. The value the amount of land required to be retained as open space would provide to residents or the surrounding community; 2. Any limits the shape, topography, or unique site constraints would place on the usability or community benefit of the open space; 3. The impact of insurance and maintenance costs on the affordability of proposed residential units; and 4. The existing recreation and open space available for residents of the proposed development. B. If the approval body authorizes the payment in -lieu of dedication, the amount of such payment shall be the product of the number of acres to be dedicated and the average fair market value of the land being subdivided at the time of the submission of the application. The fair market value of the land shall be determined based on the value of the land for property tax purposes and other relevant information. C. All monies received by the County in accordance with this section shall only be in accordance with the provisions of NCGS 160D, Article 13, Part I. Open Space Acquisition to benefit the general area (northern unincorporated New Hanover County or southern unincorporated New Hanover County) where the proposed projected is located. D. If a payment in -lieu of dedication is authorized, such payment shall be made before final zoning compliance approval of single - property development or before the final plat approval of a subdivision. If a subdivision is developed in phases, a payment relating to each phase must be made prior to the recording of a final plat for each phase. 5.8.2 ACCESS TO OPEN See 5.8.5.0 &5.8.6.6 Page 12 1 18 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 18 2020 -11 Board of Commissioners Draft -Open Space ARTICLE 6: SUBDIVISION DESIGN AND IMPROVEMENTS Section 6.3 Improvements 6.3.3 REQUIRED IMPROVEMENTS Page 13 1 18 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 19 2020 -11 Board of Commissioners Draft -Open Space 3. ._ ._ • ••• square feet Updates shall be exempt from PFE)V1diRg SYGh SpaGe if the Beard determiReS t to this adjaGeRt property to ferm a fURGtbRally usable and rnaiRtaiRable area section included b. The FeGreat'GR ReedG of the deVelGPrneRt GaR be adequately met by proposed 5.8.8 The developer of aRy subdivisieR that exempt fFern pmviding E)R site SeFViRg the development withiR the immediate area of the subdivisieR. SUGh OR lieu fee shall be deterMiRed and paid as previded 'R SeGtiOR ■_ 4. Standards for Park, ReGreatiGR, and D. a. Unity Page 14 118 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 20 2020 -11 Board of Commissioners Draft -Open Space Page 15 118 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 21 2020 -11 Board of Commissioners Draft -Open Space Fn. ❑reGed ire fer Ded'Gatien of Land Updates to this 1. Bes+Ldr atiOR of Land �,t,- oe- oediGated section included in the area or areas to he dediGated n6 irsi pant to this sertien proposed 5.8.7 2. Review of Lanrl t�DediGated N/ Sharer! undivided interest by all property owners in the subd+v+sien . R. Payments in_Lieu of Dediratien Updates to this section included a General Dreyosiens in proposed 5.8.8 Page 16 118 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 22 2020 -11 Board of Commissioners Draft -Open Space Page 17 118 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 23 2020 -11 Board of Commissioners Draft -Open Space ••. _ • • • ••• -• ._ Rj•_ ■ Page 18 118 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 24 2020 -11 Board of Commissioners Draft - Height 3.2.4. Rural Agricultural (RA) District D. District Dimensional Standards * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Applies only to Performance Residential Developments (see Section 3.1.3.D). * ** Structures elevated on open foundations consisting of piers, posts, columns or piles Riling supported str, inn, ires 'erGated- on GAG.Astal High Hazard Areas, V Zones, or Coastal A Zones, as defined by Art'GIO Q_' Flood D-Arnage PFeyen�,ontiO +; °R, shall have a maximum height of 44 feet. 3.2.5 Airport Residential (AR) District D. District Dimensional Standards Standard All Uses Lot area, minimum (square feet)* 30,000 1 Lot width, minimum (feet)* 115 2 Front setback (feet)* 40 3 Side setback, street (feet)* 30 4 Side setback, interior (feet)* 20 5 Rear setback (feet)* 30 6 Density, maximum (dwelling units /acre) ** 1 Building height, maximum (feet) * ** 31-5-4 0 * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Applies only to Performance Residential Developments (see Section 3.1.3.D). * ** Structures elevated on open foundations consisting of piers, posts, columns or piles Riling supported str, inn, ires 'erGated- on GAG.Astal High Hazard Areas, V Zones, or Coastal A Zones, as defined by Art'GIO Q_' Flood D-Arnage PFeyen�,ontiO +; °R, shall have a maximum height of 44 feet. 3.2.5 Airport Residential (AR) District D. District Dimensional Standards * Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum height of 44 feet All structures are subject to the height limits Unless °+"°^•^°° specified in Section 5.10, Airport Height Restriction. 114 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 25 Standard All Uses Lot area, minimum (square feet) 43,560 1 Lot width, minimum (feet) 100 2 Front setback (feet) 25 3 Side setback, street (feet) 30 4 Side setback, interior (feet) 20 5 Rear setback (feet) 30 6 Building height, maximum (feet)* 35* 40 * Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum height of 44 feet All structures are subject to the height limits Unless °+"°^•^°° specified in Section 5.10, Airport Height Restriction. 114 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 25 2020 -11 Board of Commissioners Draft - Height 3.2.6 Residential 20S (R -20S) D. District Dimensional Standards Standard All Uses Lot area, minimum (square feet) 20,000 1 Lot width, minimum (feet) 90 2 Front setback (feet) 30 3 Side setback, street (feet) 22.5 4 Side setback, interior (feet) 15 5 Rear setback (feet) 25 Building height, maximum (feet)* 35* 40 * Structures elevated on open foundations consisting of piers, posts, columns or piles Pi 1 Ong s ,.,peFted StF Gt Fes lon-ated on Go.astal Kgh Hazard Areas, V Zones, or Coastal A ZGne6, as defined by Art'Gle 9' Flood Darnage oFo,,� G, ^+ ^^ shall have a maximum heiaht of 44 feet. 3.2.7 Residential 20 (R -20) District D. District Dimensional Standards Standard Single Family Detached Duplex Lot area, minimum (square feet)* 20,000 20,000 1 Lot width, minimum (feet)* 90 90 2 Front setback (feet)* 30 30 3 Side setback, street (feet)* 22.5 22.5 4 Side setback, interior (feet)* 15 15 5 Rear setback (feet)* 25 25 Density, maximum (dwelling units /acre) ** 1.9 Building height, maximum (feet) * ** 3540 * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Applies only to Performance Residential Developments (see Section 3.1.3.D). * ** Structures elevated on open foundations consisting of piers, posts, columns or piles oro%+ . +; ., shall have a maximum height of 44 feet. 214 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 26 2020 -11 Board of Commissioners Draft - Height 3.2.8 Residential 15 (R -15) District D. District Dimensional Standards Standard Single Family Detached Duplex Lot area, minimum (square feet)* 15,000 25,000 1 Lot width, minimum (feet)* 80 80 2 Front setback (feet)* 25 25 3 Side setback, street (feet)* 15 15 4 Side setback, interior (feet)* 10 10 5 Rear setback (feet)* 20 20 Density, maximum (dwelling units /acre) ** 2.5 Building height, maximum (feet) * ** 3540 * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Applies only to Performance Residential Developments (see Section 3.1.3.D). * ** Structures elevated on open foundations consisting of piers, posts, columns or piles In-n-ated- lon Ge-astal High Hazard Areas, V ZGRes, er Geastal A Z9Res, as defiRed by AFtiGle Q_' Reed Damage oFO,,� e, ^+ ^^ shall have a maximum height of 44 feet. 3.2.9 Residential 10 (R -10) District D. District Dimensional Standards Standard Single Family Detached Duplex Lot area, minimum (square feet)* 10,000 15,000 1 Lot width, minimum (feet)* 70 70 2 Front yard, minimum (feet)* 25 25 3 Street side yard, minimum (feet)* 12.5 12.5 4 Interior side yard, minimum (feet)* 5 5 5 Rear yard, minimum (feet)* 20 20 Density, maximum (dwelling units /acre) ** 3.3 Building height, maximum (feet) * ** 3540 * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Applies only to Performance Residential Developments (see Section 3.1.3.D). * ** Structures elevated on open foundations consisting of piers, posts, columns or piles 'er-ated in Geastal High Hazard Areas, V ZeRes, eF Geastal A ZOReG, as defiRed by A14iGle 9; Pleed Damage eR, shall have a maximum height of 44 feet. 314 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 27 2020 -11 Board of Commissioners Draft - Height 3.2.10 Residential 7 (R -7) District D. District Dimensional Standards * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Applies only to Performance Residential Developments (see Section 3.1.3.D). * ** Structures elevated on open foundations consisting of piers, posts, columns or piles Pi1iR , supported S+., +,1FeS k9n_ated in Go.astal High HazaFd AFeas, V Zones, oF Coastal A Zones, as defined by AFtdG'P— Q_ - Flood Damage Prevention, shall have a maximum height of 44 feet. 3.2.11 Residential Moderate -High Density (R -5) District E. District Dimensional Standards Standard Standard All Uses Triplex Lot area, minimum (square feet)* 7,000 1 Lot width, minimum (feet)* 50 2 Front setback (feet)* 25 3 Side setback, street (feet)* 12.5 4 Side setback, interior (feet)* 8 5 Rear setback (feet)* 20 7 Density, maximum (dwelling units /acre) ** 6 15 Building height, maximum (feet) * ** 3540 * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Applies only to Performance Residential Developments (see Section 3.1.3.D). * ** Structures elevated on open foundations consisting of piers, posts, columns or piles Pi1iR , supported S+., +,1FeS k9n_ated in Go.astal High HazaFd AFeas, V Zones, oF Coastal A Zones, as defined by AFtdG'P— Q_ - Flood Damage Prevention, shall have a maximum height of 44 feet. 3.2.11 Residential Moderate -High Density (R -5) District E. District Dimensional Standards Standard Single Family Detached Duplex Triplex Quadraplex Lot area, minimum (square feet)* 5,000 7,500 12,500 17,500 1 Lot width, minimum (feet)* 50 2 Front setback (feet)* 20 3 Side setback, street (feet)* 10.5 4 Side setback, interior (feet)* 7 5 Rear setback (feet)* 15 Density, maximum (dwelling units /acre) ** 8 Building height, maximum (feet) * ** 3540 * Does not apply to Performance Residential Developments (see Section 3.1.3.D). ** Applies only to Performance Residential Developments (see Section 3.1.3.D). * ** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum height of 44 feet. Page 414 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 28 2020 -11 Board of Commissioners Draft - Setbacks 3.1.3 Superseding Dimensional Standards C. Setback Requirements in Certain Commercial and Industrial Districts Interior side setbacks and rear setbacks in the B -1, B -2, 0&1, AC, 1 -1, and 1 -2 districts shall be as follows: 1. No interior side or rear setbacks are required for nonresidential structures from lot lines shared with abutting nonresidential uses where the structure and the abutting use are located within the B -1, B -2, 0&1, AC, 1 -1, and 1 -2 districts. 2. A setback of 20 feet is required for any structure in the B -1, B -2, 0&1, AC, I- 1, and 1 -2 districts from any lot line adjacent to a lot in a residential district occupied by a nonresidential use. 3. Table 3.1.3.C.3: Interior Side and Rear Setbacks from Abutting Residential Use „r Platted 1 „t ;n Residerf,al n,s +r,,+ Properties, establishes the setback requirements for structures in the B -1, B -2, O &l, AC, 1 -1, and 1 -2 districts from lot lines shared with abutting existing residential uses and /or platted lots located within a residential zoning district. The setbacks in Table 3.1.3.C.3 may be reduced in the AC, 1 -1, and 1 -2 districts in accordance with Section 5.4.43, Transitional Buffers Standards, but may not be reduced below the absolute minimum setback specified in Table 3.1.3.C.3 (by use of the language "in no cases less than "). Page 111 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 29 Table Zoning District . • and Rear Setbacks from • or Platted Lot in Residential Distract Ak Side Setback Rear Setback B -1 Building height /on feet) multiplied by 2.75, Building height /on feet) multiplied by 2 73 a le« than _2C fee+ 25 ft. a le« than _10 feet 30 ft. B-2 Building height /in feet) by 2.75, Building height /in feet) h.. 2 72 multiplied a le than 2O fee+ « a 30 ft. multiplied , o leor than 29 feet 35 ft. 0&1 Building height /.n fee+\ by 2.75, Building height /on feet) by 3.73, multiplied nn rarp le« than 2;; feet 25 ft. multiplied no rarp le« than 30 feet 30 ft. AC Building height /in feet) multiplied by 3.08, Building height (in feet) multiplied by A 32 e I.,00 tha.a 2C feet 45 ft., in no case less than 35 ft. no rarp le« than 40 fee+ 50 ft., in no case less than 40 ft. I-1 Building height /:n feet) by 2.75, Building height /:n feet) multiplied by A 22 multiplied a le« than 2C feet 50 ft. in no case less than 35 ft. nn carp le« than 40 fee+ 50 ft., in no case less than 40 ft. 1 -2 . ding height /in feet) multiplied by 2.75, Building height /on feet) multiplied by C 1A a 1 eoc than 40 fee+ 100 ft., in no case less than 40 ft. e le« than AC fee+ 100 ft., in no case less than 45 ft. Page 111 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 29 2020 -11 Board of Commissioners Draft - Landscaping and Buffering Section 5.4 Landscaping and Buffering Purpose statements are being removed as policy intent is covered 54.1 Purpose by the Comprehensive Plan. it is the pUrPOSe and 0 RteRt of this seGtiGR to eRSUre developed properties eRhaRGe the GO Rty's i iniJ _ sense of nlase and support the health of its nati iral rese� �rres c�-i�c -v rpra �crr��rcarm- vrn�rracarai- r�.svzrrc�.r. I anrlssaninry anal b #erinry snn #rihi i #e #e these goals by• A. Maintaining the visual rharas#er Of the GE)FR LA RT y; B. SGreen�ti�i.Rg ebnjeGtinnahle views Within and heteeR YScS_'1 rlefininry fi inrtinnal exterior snares r. , D. Red6IniCtcrRg glareintn and from deyednnerd site- E. i ininry dust and ether nelli tan} earl in air• �TTg�cr�t- a� -rv-v � �I'��r�v �-r , s G. IRfI ienninn Winrd patterns and }heir effeGtS ULn,__,__, nn Preresed W%G; 'I,., H. Gentaininry enders and miniFni�rv�thpj�ssageinte and frnm developed sites; 1. GnntrrGIIi Rg the dire.GtteR and veIG .(ty ef surfaGe water ri..ff-; i . M i R+l l+ -S91I ef98 i buildings and paved si irfarves and air P0114 9R; M. e Maintaining the integrity of the GO IRty's natural heritage, nl Maintaininry inrdiry r ni is sne and e)vu�.,...,.s; . ancr O. Transnirinry water. 5.4.21 Applicability A. Except where expressly exempted, these standards shall apply to all development within the County's planning jurisdiction except for single - family residences being constructed on lots of two acres or less. B. In cases of expansions to existing principal structures or uses, all newly developed portions of the site shall be subject to the full landscaping requirements of this section. Landscaping upgrades for previously developed portions of the site, up to the maximum landscaping required, shall be provided in accordance with Table 5.4.21.13: Landscaping Upgrade Standards. 1 1 13 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 30 2020 -11 Board of Commissioners Draft - Landscaping and Buffering C. When a subdivision of previously developed property occurs and a building permit for new construction is obtained for any newly created parcel within two years of the date that the final subdivision plat was approved, all parcels of the original tract shall comply with the provisions outlined in Table 5.4.21.AB for expansions. D. For consecutive expansions occurring within any two -year period, the amount of the expansions shall be summed, and the maximum landscaping required for the total extent of the expansions shall be provided. E. Notwithstanding the above requirements, expansions to existing structures of uses amounting to no more than a total of 500 square feet of gross floor area over a two -year period shall be exempt from the street yard and interior parking lot landscaping standards. 5.4.32 General Standards A. All plant materials and their spacing requirements, which are to be planted to meet the opacity and height requirements of this section, shall be either selected from the FnaRual "Tree and Plant Materials for Landscaping" manual prepared by the County Planning and Land Use Department and incorporated herein by reference (it is - available in the County Planning and Land Use Department), or shall be approved by the new Hanover County Agricultural Extension Service. Unless otherwise specified, any tree planted to meet the Page 2 1 13 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 31 Table 5.4.2 .13: Landscaping Upgrade Standa Interior Total Trees Transitional Expansion Street Yard Area Parking Lot Required Buffer Yard Landscaping 10 and up to -25 percent increase in 15 per acre 50 percent of the €or 4 percent A 6 -10 ft. tall gross floor area or vehicle use area, OR required width for of parking lot Ffence or 50 Between 5 and -20 new parking spaces new construction area percent of required width required for new construction Greater than 25 and up to -50 percent 15 per acre Full width to the 4- peFEent e 6 A 6 -10 ft. tall increase in gross floor area, OR extent practicable percent of Ffence or 50 Over 10,000 square feet increase in but in no case less parking lot percent of gross floor area, OR than er 50 percent area if width 21 up to -50 new parking spaces of the required possible, but required for required width for new no less than 4 new construction percent construction Greater than 50 percent increase in 15 per acre Full width required 8 percent of Full width as gross floor area or vehicular use area, for new parking lot required for OR construction area new Over 20,000 sq. ft increase in gross floor construction area, OR More than 50 new parking spaces required C. When a subdivision of previously developed property occurs and a building permit for new construction is obtained for any newly created parcel within two years of the date that the final subdivision plat was approved, all parcels of the original tract shall comply with the provisions outlined in Table 5.4.21.AB for expansions. D. For consecutive expansions occurring within any two -year period, the amount of the expansions shall be summed, and the maximum landscaping required for the total extent of the expansions shall be provided. E. Notwithstanding the above requirements, expansions to existing structures of uses amounting to no more than a total of 500 square feet of gross floor area over a two -year period shall be exempt from the street yard and interior parking lot landscaping standards. 5.4.32 General Standards A. All plant materials and their spacing requirements, which are to be planted to meet the opacity and height requirements of this section, shall be either selected from the FnaRual "Tree and Plant Materials for Landscaping" manual prepared by the County Planning and Land Use Department and incorporated herein by reference (it is - available in the County Planning and Land Use Department), or shall be approved by the new Hanover County Agricultural Extension Service. Unless otherwise specified, any tree planted to meet the Page 2 1 13 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 31 2020 -11 Board of Commissioners Draft - Landscaping and Buffering requirements of this section shall be a minimum of 2.5 -inch caliper in size at the time of planting. B. A minimum of 15 trees of at least two inches DBH or two caliper inches, as Current applicable, shall be retained or planted on a parcel where development occurs Section for each acre or proportionate area disturbed by the development. Trees 5.3.4.0 retained on the parcel in accordance with Section 5.3, Tree Retention shall count toward this requirement. C. Existing vegetation in good health and condition that meets all applicable standards in this section may be used to satisfy any planting requirements of this section, provided the vegetation and any trees are protected before and during development, in accordance with Section 5.3.7, Tree Protection During Construction. Existing vegetation shall be retained as deSGribed in SeGtinn Tree Retention D. Up to 15 percent of the area to be landscaped may be covered with surfaces specifically intended to afford intensive use and enjoyment by employees or the public (such as walking paths, benches, and table pads, etc.) E At all driveways and roadway ,Unobstructed visibility shall be maintained at all driveways and roadway intersections, at elevations between three and seven feet of the pavement level within the driveway or roadway's sight triangle, or any area required by NCDOT. F. It is encouraged that stormwater management systems be integrated into the landscaping plan. G. No certificate of occupancy for any construction or renovation shall be issued until one of the following conditions is met: 1. The required landscaping is completed in accordance with the approved plan; 2. A bond or certified check, in an amount submitted by the developer and certified by the County Commissioners to be acceptable, has beerni is posted and available to the County; or 3. An irrevocable letter of credit or deposit of funds in escrow, in an amount submitted by the developer and certified by the County Commissioners to be acceptable, is issued by a bank in a form approved by the County Attorney. H. No surety or portion thereof, as provided for in this section, shall be released by the County GOMMOSS09IR until all landscaping is installed, inspected, and approved, 5.4.43 Transitional Buffers Standards A. Purpose Transitional buffers are intended to protect adjoining land uses, particularly residential, from the noise, heat, dust, lights, threats to privacy, and aesthetic impacts of more intensive land uses. Page 3113 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 32 2020 -11 Board of Commissioners Draft - Landscaping and Buffering B. Required Width and Plantings 1. Buffer Types The width of a transitional buffer and the required quantity and type of plantings varies based on the nature of the proposed adjacent uses. Table 5.4.3. B.1: Required Transitional Buffers, establishes the type of buffer that is required between two adjacent land uses. Each buffer type is described in Table 5.4.3. B.2: Landscape Buffer Options. Existing Adjacent Use or Zoning District Single- Family Detached or Two - Family Proposed Use (Duplex) Dwelling Units; All other residential Undeveloped land in RA, AR, R -20, R- uses; 20S, R -15, R -7, R -10, or R -5 Zoning RMF Zoning Districts Districts Single - Family Detached or Two- NIA N/A Family (Duplex) Dwelling Units All other residential uses Type A. Opaque Buffer N/A Civic & Institutional and Type A: Opaque Buffer N/A Commercial Uses Industrial Uses Type A: Opaque Buffer 2. Minimum Width and Plantings Type B: Aesthetic Buffer Tra nsitienal buffers shall have a base width equal to at least 50 nerrent of Current the setbaaGk with a minima rn width of 2feet. h �I� ant ma!i 5.4.4.0 r.hnn`o`11e to increase the required buffer width to ronoi�io an `o''r`r`^^uivYy long � �i recta Gtien in a huildiRg's setha Gk P a g -"i 4 1 13 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 33 2020 -11 Board of Commissioners Draft - Landscaping and Buffering a. The standards for each buffer type are described in Table 5.4.3. B. 2: Landscape Buffer Types. b. The width of the required buffer in particular locations may be reduced by up to 50 percent as long as the total area of landscape buffer that is provided is the same as if the width of the buffer were not reduced, and the Planning Director determines that the amount of screening where the width is reduced will be sufficient to accomplish the purposes of this Section 5.4.3. l ype A: Opaque nutter Current Table 5.4.4.D The minimum buffer width shall be 50 percent of the minimum required setback as set forth in Article 3: Zoning Districts, or 20 feet, whichever is greater. ** Option 1: Planted materials shall be a minimum of six feet in height and provide approximately full opacity Vegetation Only within one year of planting. * Option 2: Combination Berm & Vegetation Option 3: Combination Fencing & Vegetation A minimum of three rows of planted material are required. The minimum buffer width shall be 50 percent of the minimum required setback as set forth in Article 3: Zoning Districts, or 20 feet, whichever is greater. ** The berm shall be constructed of compacted earth. The slope of the berm shall be stabilized with vegetation and shall be no steeper than 3:1. The height of the berm shall be six feet or less with a level or rounded area on top The combined height of the berm and planted vegetation shall provide approximately full opacity to a minimum height of six feet within one year of planting. The height of the berm and vegetation shall be measured from the ground level at the nearest lot boundary line. * The minimum buffer width shall be 50 percent of the minimum required setback as set forth in Article 3: Zoning Districts, or 10 feet, whichever is greater— Fencing shall be between 6 and 10 feet in height. Required planted materials shall be located between the fence and the common property line unless otherwise specified. If solid fencing is used, planted materials a minimum of three feet in height and providing a minimum of approximately 50 percent visual opacity at initial planting shall be required. Vegetation shall be planted between the fence and the nonresidential or attached structure if the required buffer is 15 ft. or less in width to accommodate regular maintenance. * If permeable fencing is used, a minimum of two rows of planted materials providing approximately full opacity within one year of planting are required. * Type B: Aesthetic Buffer Width: 20 ft. minimum Option A: Planted materials shall provide approximately 50 percent opacity within one year of planting. Vegetation Only A minimum of three rows of planted material, using a minimum of two plant species that will result in different heights at maturity, are required. Page 5113 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 34 2020 -11 Board of Commissioners Draft - Landscaping and Buffering Buffer Type I Minimum Width and Plantings Required Width: 10 ft. minimum Planted materials shall provide approximately 50% opacity within one year of planting. Option B: Fencing shall be between 4 and 10 feet in height. Combination Fencing & Planted materials shall be planted between the fence and the industrial use with sufficient space Vegetation to accommodate regular maintenance. If permeable fencing is used, at least one row of planted materials is required. Chain link or wire fencing cannot be used to meet the fencing requirement. *Plants and spacing to achieve the height and opacity requirements of this buffer option are outlined in the "Tree and Plant Materials for Landscaping" manual. * *If the applicant increases the required buffer width, an equivalent reduction in a building's setback is allowed, except for interior side and rear setbacks from residential properties in the B -1, B -2, and O &I districts. Type Specifications C�D ++I;;'�. „�+ � Dl ;;ntp d rn;;to.i;;l< rh; ;II hp of feet in height P and provide approximately 100 percent epacity within one yeaF of plant-n Three rows of planted material are Fequired. Fencing shall he he+..,eep 90M ARGII +on feet in height plantArl Q..ffer DI;)RtP J material; ;hell he lo;ate.d hptiyeen +ho fep ;e and +he +rip and Fencing gen prepeFty lipe If Se-lad fencing is seal two rows of planted materials a rnonornwn of three feet in height and p yi.dino appr ximately 50 percent visual opacity at initial planting shall her red If permeable fen -ing is used, two rows of planted rnate6al; n i..:no approvimately 100 percent of visual opacity within one yeaF of planting shall be reqUiFed. Cnrnh4natonn The combined height of the herm and planted vegetation Rprm and -hall he a MiniMu.m. of ;ix feet and provide approximately rt Veneta +i°on 100 percent opacity within o of planting year � The ;lope of the harp. ;hall he stabilized with vegetation The slope ;hall hen steeper than 2.1 The height of the harp. shall he r m feet or less mkh a level or reun ed area an top-. 0 The harp, ;hall he censtructpd of compacted oar +h Page 6113 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 35 2020 -11 Board of Commissioners Draft - Landscaping and Buffering c. If existing trees and shrubs in the location of a required transitional buffer meets at least 50 percent of the required opacity standards, then those trees and shrubs shall be retained for use in buffering and Update of supplemented as needed with plantings, fences, and /or berms to meet Current the standards of this subsection. Existing trees greater than eight Section 5.3.4.E inches DBH shall not be removed from the required buffer area, unless the Planning Director determines removal of such trees is necessary for the installation of utilities or other required essential improvements. The retention requirements in this section shall not apply to existing trees or shrubs identified as invasive species, as defined in this Ordinance. C. Activities and Development Within Buffer No antiyities shall orG,,r in the buffer eXGent for maintenance of the buffer and Current the nstallation and maintea rRGe ofvf water, sewer elestrioal and other utilitu MET systems where the installation sauces minimal idist, ,rhanoe of existing 5.4.4.E vegetation. No transitional buffer required by this section may contain any building or structure or extension of any building or mechanical system. This prohibition shall apply at the time of issuance of a certificate of occupancy and at any time thereafter, and shall include but not be limited to: porches, decks, patios, HVAC components, waste containers, storage buildings, or any other fixture or permanent structure, whe ther temnerar,, or permanent Development within the buffer yard shall be limited to the following: 1. Fences and walls; 2. Retaining walls; and 3. Sidewalks, trails, and bike paths, provided that required opacity is maintained in all locations except connections to off -site sidewalks, trails, or bike paths. 5.4.54 Screening A. The following uses shall be shielded from view from the property line of an existing residential use by means of a 100 percent opaque solid wall: 2. Outside s'tepago'ee area 1. Loading /unloading areas; and 2. Heating /air conditioning units, inGludiRg excluding roof mounted units. B. The following uses shall be screened from view from the property line of an existing residential use by means of a solid fence; 1. Dumpsters or other trash holding areas; and 2. Outside storage areas. G The following uses shall be screened from the view of any public right -of -way or adjacent property by vegetative materials, berms, fencing, walls, and /or any combination thereof to a height of at least eight feet living er nonliving material as sneoified in this section at least eight feet in height• , , Page 7113 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 36 2020 -11 Board of Commissioners Draft - Landscaping and Buffering 1. The rear side (if no public access is provided) of a building where that side abuts a street right -of -way; and 2. Any dumpster or trash receptacle storage area used in connection with any business establishment. 5.4.65 Parking Lots A. Landscaping in accordance with the standards in this section shall be required for all off - street parking lots with five or more spaces, or at least 2,500 square feet devoted to vehicular use. A landscaping plan shall be submitted in accordance with the requirements outlined in the Administrative Manual SeGtien , B. Landscaping shall be required for parking lot perimeters in accordance with the specifications outlined in Table 5.4.65.C: DeSffi R Griteria Standards for Parking Lot Perimeter Landscaping, provided that where a perimeter landscaping strip overlays a required street yard or transitional buffer, the more stringent requirements shall apply. Table 5.4.6 C: Design Criteria for Parking Lot Perimeter Landscaping Applicability 9 A landscaped strip shall be required along any side of a parking lot abutting another parking lot or land in a Residential zoning district . Dimensional a The perimeter landscaping strip shall be a minimum of ten feet Standards in width. Plantings Required . The lor,dSGap n.. strip shall , ,6t Of A- one throe innh Fninimurn - alinor o r tree e , 19_27 foot q minimum of one evergreen or deciduous tree for every 20 linear feet of planting strip on average, rounded to the highest whole number, shall be planted within the planting strip. Design Alternatives When adjacent to another parking lot, the landscaping strip may be interrupted by driveway connections between parking lots. If adjacent parking lots are developed concurrently, then both properties can install a five -foot strip or footages adding up to ten feet, mutually agreed upon in writing by the two property owners. • A landscaped strip shall not be required between adjacent parking lots that share a double parking row slip along the middle of a drive aisle. • A perimeter landscaped strip may be used as part of a transitional buffer required in accordance with Section 5.5.4 C. Landscaping for parking lot interiors shall be in accordance with the requirements in Table 5.4.65.D: DeGigR r;riterio Standards for Parking Lot Interiors. Page 8113 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 37 2020 -11 Board of Commissioners Draft - Landscaping and Buffering Table - • for • Lot Interiors Interin r Llandscaped areas in the interior of parking lots shall be Dimensional Standards equal to eight percent of the total area to be used for parking, loading, automobile sales, driveways, internal drive aisles, and other vehicular or pedestrian use. • Landscaping islands, either separate from or protruding from perimeter landscaping strips, shall be a minimum of 12 feet in width measured from back of curb to back of curb. Plantings One planted or existing tree shall be required for every 144 Required square feet rounded to the next lowest whole number of total interior landscaped area, with a minimum of one tree in each island. • At least 75 percent of trees required for interior landscaping shall be of a shade /canopy species ;; M of throo inohoc aI•n • The remainder of interior landscaped area shall be covered with appropriate mulching or vegetative groundcover, except for designated pedestrian walkways PeFGent of any island Design No parking space shall be located more than 120 feet from a Standards landscaped island. • All parking spaces shall be blocked or curbed to prevent vehicles from encroaching more than one foot into planting islands or landscaped yards or damaging adjacent fences or screens. Depressions and curb cuts shall be allowed for water quality protection. Design The interior landscaping requirement for storage facilities can Alternatives be met with landscaped islands on the ends of buildings and with protruding perimeter landscaping. Interior landscaping within automobile sales lots may be distributed so that smaller understory trees are utilized toward the interior of the lot and shade trees are placed toward the perimeter. • For redevelopment of nonconforming parking facilities containing a total of 5 -25 parking stalls, a perimeter landscaped strip a minimum width of ten feet may be provided in -lieu of interior landscaping. For every 40 linear feet, or fraction thereof, the perimeter strip shall contain a minimum of one canopy tree at boot throo_iRGh Galiper ;n 64P., or three understory trees at boot 6,., foot ;n height AND a continuous row of evergreen shrubs a minimum 18 inches in height at time of planting. D. When a parking lot is within 50 feet of a right -of -way, and no other provisions of this Ordinance require a planted buffer, a low landscaped screen shall be installed along any portions of the parking lot along the right -of -way and be incorporated into the street yard to provide protection from the headlights of vehicles within the parking lot, subjeGt te The landscaped screen shall comply with the following standards: 1. The landscape screen shall consist of shrubbery, a grade change, a planted berm, or any combination thereof a minimum of three feet in height and fide foot in wmdth Page 9113 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 38 2020 -11 Board of Commissioners Draft - Landscaping and Buffering 2. If the landscape screen is at least 15 feet in width, the landscape screen may be continuous and incorporated into the street yard landscaping area. 3. Depressions and curb cuts shall be allowed for water quality protection. E. The Planning Director may waive all or part of the requirements of this section if: 1. The parking lot is limited to periodic or intermittent use fsr as a vehicular parking lot for ^"WFGhes Religious Assemblies or FeGFeatiGR faGilities Park and Recreation Areas, provided the parking lot is completely covered by grass or otherwise presents a landscaped effect. 2. The parking lot is a temporary parking lot for a period of no more than one year in length and it will not violate the purposes of this section and this Ordinance. 5.4.76 Street Yards Standards A. Street yard landscaping is required UPOR for new construction of principal structures, expansions to existing structures, and changes of use whenever additional off - street parking is required, excluding the following uses: 1. General Agricultural and Forestry Uses; 2. Residential development unless built to the commercial building code; 3. Private Residential Boating Facilities, 4. Cemeteries, 5. Park and Recreation Areas with no structures or parking areas; and 6. Utility lines. B. Street yard area shall be required in accordance with the specifications outlined in Table 5.4.76.6, Street Yard Area Standards. The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements and that conforms with required street yard minimum and maximum widths. Street yards may be located within any required minimum setback. Table . Area Standards Zoning District or Use Required Area B -2, CS, 1 -1, 1 -2, AC 25 square feet for every linear foot of street yard frontage • Minimum street yard width: 12.5 feet • Maximum street yard width: 37.5 feet B -1, CB, 0&1, EDZD, UMXZ Districts • 18 square feet for every linear foot Developments with Additional Dwelling of street yard frontage Allowance or High Density Development Minimum street yard width: 9 feet Special Use Permit • Maximum street yard width: 27 feet Page 10113 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 39 2020 -11 Board of Commissioners Draft - Landscaping and Buffering Zoning District or Use Required Area Non - Residential Uses in Residential 0 12 square feet for every linear foot Districts of street yard frontage • Minimum street yard width: 8 feet • Maximum street yard width: 18 feet — The road fronting width of driveways are not included in the linear street frontage when determining the base street yard area. — The area of any walkways, sidewalks or other bicycle and pedestrian facilities, and transit amenities shall be subtracted from the base street yard area required above to get the total required street yard area. — Areas designated for stormwater functions, except piped areas, shall not be included in the required street yard area. — The applicant may choose to increase the required square footage per linear foot up to 25 percent to receive an equivalent reduction in the building's front yard setback. — The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements as long as it remains in compliance with the minimum and maximum widths outlined above. C. For every 600 square feet of street yard area on average, the following landscaping shall be provided: 1. One canopy /shade tree a minimi,r„ of three inches (3") Galiper iR size at time of pIaRtiRg OR or if overhead power lines are located above the street yard, three (3) understory trees a minims rn of six (6) feet in height at time of plan g if eyerh d power lines are t above street ya Fd� �t+�a9- „Tea 4Eaz -�� ����,�, an 2. Six shrubs, 12” inches in height at time of planting. D. Street yard landscaping shall be required along all street frontage. For sites with two or more street frontages, only the primary street frontage shall be required to contain the full amount of street yard as determined in Table 5.4.7-6.AB: Street Yard Area Standards. Secondary street frontages are required to contain 50 percent of the required street yard area. E. If there are existing trees of a minimum two inches DBH Gal�,per size in the proposed street yard, the Planning Director may grant credit for these trees toward meeting tree preservation requirements. In addition, the Planning Director may require the saving of any regulated tree in the street yard area. F. On a case -by -case basis, the Planning Director may approve alternate planting materials or substitutions to street yard planting requirements where requirements would not be practical due to existing vegetation or other unique conditions. Such substitutions must shall be determined to be in keeping with the purpose and intent of this section. G. For all lots of record two acres or less in size, if the Planning Director determines that the essential site improvements cannot be accommodated under these requirements, then the required street yard area may be reduced by one -half, but in no case shall it be reduced less than one -half. Page 11 1 13 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 40 2020 -11 Board of Commissioners Draft - Landscaping and Buffering H. Walkways, sidewalks, or other bicycle and pedestrian facilities, fountains, walls or fences, and transit amenities shall be permitted within the street yard; however, parking areas shall not be permitted. 5.4.87 Foundation Plantings A. Foundation plantings located between the building face and the parking lot or drive aisle shall be required for all portions of buildings adjacent to parking lots or internal drive aisles. B. The following minimum standards are required, though additional landscaping is encouraged: 1. The foundation planting area shall be a minimum of 12 percent of the area of the building face adjacent to the parking area or internal drive; and 2. The foundation planting area shall be planted as landscaped areas of sufficient variety, height, and size, with plantings listed in "Tree and Plant Materials for Landscaping." C. Exemptions from foundation plantings may be granted by the Planning Director when the following circumstances exist or when any of the following conditions are proposed on the site: Landscaping plan contents will be included in Administrative Manual where other site plan requirements are currently located. 1. For those portions of buildings that have drive -up services (i.e. e.g., pharmacies, banks, fast food restaurants, dry cleaners, photo shops, etc.); and 2. On the rear side of a building when less than 10 percent of the total required parking is located in the rear of the building and the rear is not adjacent to any public right -of -way. Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 41 Page 12 113 2020 -11 Board of Commissioners Draft - Landscaping and Buffering 5.4.8 Maintenance A. All existing vegetation that is used to meet comply with the landscaping requirements, all required planted living material, and all required berms shall be maintained by the owner of the property on a continuing basis. B. Any planted material that becomes damaged or diseased or dies shall be replaced by the owner within 60 days of the occurrence of such condition. If the Planning Director determines there are seasonable conditions that will not permit the timely replacement of the vegetation (e.g. too hot or too cold for successful replanting), the Planning Director may modify the requirement until a time certain when the replanting would be successful. C. Artificial fencing and nonliving screening buffers shall be maintained, cleaned, and repaired by the owner of the property on a continuing basis. Such fencing shall be kept free of litter and advertising. Page 13 1 13 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 42 2020 -11 Board of Commissioners Draft - Parking and Loading Section 5.1 Parking and Loading Purpose statements are being removed as policy 5.1.1 Purpose and intent intent is covered by the Comprehensive Plan. the doffereRt uses allowed by this (Drd'RaRGe. The standards OR this seGt"GR are to provide fer adequate E)# street pa*iRg whole a11GWiRg the fleXibility Reeded te 5.1.21 Applicability A. New Development All new development shall provide off - street parking and loading areas in accordance with the standards of this section. B. Existing Development 1. Any change in use of existing development shall be accompanied by provision of any additional off - street parking and loading spaces required for the new use by this section, provided that additional off - street parking is not required if the change in use results in fewer than five additional parking spaces or less than a five percent increase in required parking spaces. 2. If an existing structure or use is expanded or enlarged (in terms of the number of dwelling units, guest rooms, floor area, or seats), any additional off - street parking and loading spaces that may be required shall be provided in accordance with the requirements of this section as applied only to the expanded or enlarged part of the structure or use. 5.1.3 Tome of ReA Included in site plan requirements in Administrative Manual EaGh appliGatien for a building permit shall about the4er--ptin-In. aind domeRSOORS ef eff street parking and leading spaGes and the means ef ingress and egress to SUGh spaGes. Required eff street parking areas fer three er mere autem shall have individual spaGes marked, and shall be designed, maintained, and regulat so that no parking or ma to parking shall be on any publiG street, walk, er alley, se that any-a-u-teirneibille rnay be parked and unparked witheut meV+r19 another. 1 1 21 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 43 2020 -11 Board of Commissioners Draft - Parking and Loading 5.1.42 Minimum Off - Street Parking Standards See attached information for comparison with current standards. A. Minimum Number of Off - Street Parking Spaces Except as otherwise provided in Section 5.1.3.A, Alternative Parking Plans, new development or a change in use or expansion shall provide the minimum number of off - street parking spaces in accordance with Table 5.1.2.A: Minimum Off - Street Parking, based on the principal use or uses on the site. Interpretation of the off - street parking space standards for principal uses with variable parking demands or unlisted principal uses shall be in accordance with Section 5.1.3.8, Unlisted Uses, below. Table 5.1.42.A: Minimum Off - Street Parking Standards sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per Use Required Off - Street Parking Agricultural Uses Agricultural and Forestry Uses, General No minimum Livestock Sales No minimum Stable No minimum Wholesale Nursery No minimum Residential Uses Household Living Dwelling, Dual -Unit Attached 2 1du Dwelling, Multi - Family 1.5 1du with 1 bedroom; 2 1du with 2+ bedrooms Dwelling, Quadraplex 1.5 1du with 1 bedroom; 2 1du with 2+ bedrooms Dwelling, Single - Family Detached 2 1du Dwelling, Triplex 1.5 1du with 1 bedroom; 2 1du with 2+ bedrooms Dwelling, Row -Style 2 1du Dwelling, Two - Family (Duplex) 2 1du Live/Work or Caretaker Unit 2 1du, in addition to parking provided for principal use Mobile Home 2 1du Mobile Home, Doublewide 2 1du Page 2121 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 44 2020 -11 Board of Commissioners Draft - Parking and Loading Table 5.1.42.A: Minimum Off - Street Parking Standards sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per Use Required Off - Street Parking Mobile Home Park 2 1du Mobile Home Subdivision 2 1du Senior Living: Independent Living Retirement Community 1.5 1du plus 2/1,000 sf nonresidential space Group Living Family Care Home 2 1du Fraternity /Sorority Residence 1 /single occupancy bedroom Adult Day Care 2 1double occupancy bedroom Group Home Maximum of 2 plus 1 /every 4 beds plus 2 for resident Family Child Care Home supervisor(s) Senior Living: Assisted Living Facility 1 per 3 beds Senior Living: Continuing Care Retirement Community See Senior Living: Independent Living Retirement Community and Senior Living: Assisted Living Facility Civic and Institutional 2/1,000 sf Child and Adult Care 2.511,000 sf Adult Day Care 1 per 4 clients (per design capacity or state permit) Child Care Center 1 per 10 children (per design capacity or state permit) Family Child Care Home 1 space in addition to the 2 1du required for the residential use Civic 1 per 5 seats in largest assembly area Animal Shelter 2/1,000 sf Community Center 2.511,000 sf Library 2.511,000 sf Lodges, Fraternal, & Social Organizations 3/1,000 sf Museum 2.5/1,000 sf Religious Assembly 1 per 5 seats in largest assembly area Communication and Information Facilities Amateur Radio Antennas (up to 90 ft.) No minimum Antenna & Towers less than 70 ft. in Height & Ancillary No minimum to the Principal Use Collocation, Wireless No minimum Page 3121 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 45 2020 -11 Board of Commissioners Draft - Parking and Loading Table 5.1.42.A: Minimum Off - Street Parking Standards sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit, / = per Use Required Off - Street Parking Non - Substantial Modification No minimum Other Wireless Communication Facilities including Wireless Support Structures & Substantial Modifications No minimum Educational Services Colleges, Universities, and Professional Schools 211,000 sf classroom and research space, plus 1 per 6 seats in largest assembly area Elementary and Secondary Schools Kindergarten, Nursery, Elementary, and Junior High School: 1 per 6 students per design capacity High School: 1 per 4 students design capacity Vocation or Trade School 311,000 sf Government Services Government Offices and Buildings 2.511, 000 sf Post Office 2.511,000 sf, plus 1 for each post office vehicle stored on site Health Care Facilities Hospital 3.511,000 sf Medical and Dental Office and Clinic 3.511,000 sf Nursing and Rehabilitation Center 1 per 4 beds Recreation, Parks, and Open Space Boating Facility, Community 1 per boat slip Boating Facility, Private Residential No minimum Cemetery No minimum Golf Course 2 spaces per hole Park and Recreation Area No minimum Transportation Airport and Terminal No minimum Bus and Taxi Terminal No minimum Heliport No minimum Marina, Commercial 1 per boat slip and 1 per 4 dry storage facilities Marina, Commercial with Floating Structures 1 per boat slip, 1 per 4 dry storage facilities, and 2 per floating structure Railroad Freight Depot 211, 000 sf office facilities Page 4121 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 46 2020 -11 Board of Commissioners Draft - Parking and Loading Table 5.1.42.A: Minimum Off - Street Parking Standards sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit, / = per Use Required Off - Street Parking Railroad Passenger Terminal 2/1,000 sf Water Transportation Facilities Study required Utilities Electric Substation No minimum Solar Energy Collection Facility 211, 000 sf office facilities Utility Lines, Structures, and /or Facilities; General 211, 000 sf office facilities Commercial Uses Amusement & Entertainment Uses Adult Entertainment Establishment 4/1,000 sf Bar /Nightclub 6/1,000 sf seating area Electronic Gaming Operation The greater of: 10/1, 000 sf or 1 per 2 terminals /computers Indoor Recreation Establishment Theaters or Indoor Stadiums: 1 per 5 seats Mini - Warehouse /Self - Storage All other uses: 4/1,000 sf Outdoor Recreation Establishment Stadium or Arena: 1 per 5 seats Repair Shop All other uses: 411,000 sf activity area Animal Services Equestrian Facility No minimum Kennel 4/1,000 sf Veterinary Service 3/1,000 sf Commercial Services Bank and /or Financial Institution 311, 000 sf Business Service Center 3/1,000 sf Commercial Parking Lot or Facility No minimum Funeral Services 1 per 5 seats in assembly areas, plus 1 space per funeral vehicle Mini - Warehouse /Self - Storage 0.511,000 sf rentable storage area Off - Premises Advertising No minimum Repair Shop 3/1,000 sf Page 5121 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 47 2020 -11 Board of Commissioners Draft - Parking and Loading Table 5.1.42.A: Minimum Off - Street Parking Standards sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit, / = per Use Required Off - Street Parking Food and Drink Restaurant 6/1,000 sf seating area Lodging Bed and Breakfast Inn 1 per bedroom and 2/1,000 sf common indoor space Campground /Recreational Vehicle (RV) Park 1 per campsite Hotel or Motel 1 per bedroom and 211, 000 sf common indoor space Office Contractor Office 311, 000 sf Labor Organization 2.511,000 sf Offices for Private Business and Professional Activities 2.511,000 sf Personal Services Dry Cleaning /Laundry Plant 2.5/1,000 sf Personal Services, General 2.511,000 sf Retail Sales Convenience Store 2.511,000 sf Food Market 2.511,000 sf Grocery Store 2.5/1,000 sf Pharmacy 2.5/1,000 sf Retail Nursery 2.5/1,000 sf Retail Sales, Building and Construction Supplies 2/1,000 sf Retail Sales, General 2.5/1,000 sf Vehicle & Equipment Sales & Service Boat Dealer 3/1,000 sf indoor sales /leasing /office area Car Wash 3 spaces for every one car the car wash can accommodate at one time Equipment Rental and Leasing 2/1,000 sf Farm Implement Sales 2/1,000 sf Fuel Sales 1.5/1,000 sf Mobile Home and Prefab Building Sales 2/1,000 sf Vehicle Rentals 3/1,000 sf Vehicle Sales 311,000 sf indoor sales /leasing /office area, plus 1 per repair bay Vehicle Service Station, Large Vehicles 2.511,000 sf indoor office /waiting area, plus 1 per repair bay Page 6121 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 48 2020 -11 Board of Commissioners Draft - Parking and Loading Table 5.1.42.A: Minimum Off - Street Parking Standards sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per Use Required Off - Street Parking Vehicle Service Station, Minor 311, 000 sf indoor office /waiting area, plus 1 per repair bay Vehicle Service Station, Major 311, 000 sf indoor office /waiting area, plus 1 per repair bay Vehicle Towing Service and Towing Yard 2/1,000 sf Industrial Uses Design & Technology Services Broadcasting and Production Studio 2.5/1,000 sf Research and Development Facility 2.511,000 sf Industry & Manufacturing Artisan Manufacturing 2.5/1,000 sf 311 Food Manufacturing 1.5/1,000 sf 312 Beverage & Tobacco Product Manufacturing 1.5/1,000 sf 313 Textile Mills 1.5/1,000 sf 314 Textile Product Mills 1.5/1,000 sf 315 Apparel Manufacturing 1.511,000 sf 316 Leather and Allied Product Manufacturing 1.5/1,000 sf 321 Wood Product Manufacturing 1.511,000 sf 322 Paper Manufacturing 1.5/1,000 sf 323 Printing & Related Support Activities 1.5/1, 000 sf 325 Chemical Manufacturing 1.5/1,000 sf 326 Plastics & Rubber Products Manufacturing 1.5/1,000 sf 327 Nonmetallic Mineral Product Manufacturing 1.5/1,000 sf 331 Primary Metal Manufacturing 1.5/1, 000 sf 332 Fabricated Metal Product Manufacturing 1.5/1, 000 sf 333 Machinery Manufacturing 1.5/1,000 sf 334 Computer and Electronic Product Manufacturing 1.5/1, 000 sf 335 Electrical Equipment, Appliance, and Component Manufacturing 1.5/1,000 sf 336 Transportation Equipment Manufacturing 1.5/1,000 sf 337 Furniture and Related Product Manufacturing 1.5/1,000 sf Intensive Industry Intensive Manufacturing & Processing 1.5/1,000 sf Other Intensive Industrial Uses I No minimum P a g : 7121 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 49 2020 -11 Board of Commissioners Draft - Parking and Loading Table 5.1.42.A: Minimum Off - Street Parking Standards sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit, / = per Use Required Off - Street Parking Warehousing, Storage, & Wholesale Sales and Distribution Dry Stack Boat Storage Facility, Stand -Alone 1 per 4 dry docks Motor Freight Transportation Warehousing 211, 000 sf Recreational Vehicle and Boat Trailer Storage Lot No minimum Warehousing 1.511,000 sf Wholesaling 1.511,000 sf Wholesaling Seafood with Water Frontage 1.511,000 sf Waste & Salvage Commercial Recycling Facility, Large Collection 1.511,000 sf Commercial Recycling Facility, Processing 1.511,000 sf Commercial Recycling Facility, Processing and Collection 1.511,000 sf Commercial Recycling Facility, Small Collection 1 space Landfill, Demolition 1.511,000 sf office space Landfill, Landscape 1.511,000 sf office space Junk Yards, Scrap Processing 1.511,000 sf Septage, Sludge Disposal 1.511,000 sf office space Dwelling, die Family - 02ta6hpci nr 7 spaces r .J,.,elli.,., ..:+ I... +e.J .,n +he a I.,+ aq +Lye r ,;i.Je...e Two Family-(Dupkm) Dwelling, Quadraplex LS spaces per dwelling .,it With 1 hedr.,.,.,,• Triplex or To nho, rp 2 spaces r dwelling unit yVi+h 2+ heslrnorns Audffitori or Thea ter 1space for every A sears in the largest assembly area 1 space for every 250 square feet of gross flee~ areaj p to 2 s+acidng spaces r slr _ +hr u, tP-"(--r WiRdOW he credited to the may 2 alley, plus parking spaces to meet the requirements for Rsy...l: r,.. Alloy. `� other use ia+e.•I w6th the establishment lres +a� Crary+ e+.- 1 space fer every. 2 employees an shift of greatest employment plus - Car Wash 1 space for the Manager, and spaces al to 2 rimes the E city o +he car wa-;h Child Care CeRter 1 space for every R par +icipary +s Religious Assembly. 1 space for every A seats On the s Rctuary. Page 8121 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 50 2020 -11 Board of Commissioners Draft - Parking and Loading U-se Required llff_Street Da kia nAesl:cal Dental llffices and l'I:n:cs A spaces for each slot +.,. - nl.a 1 space for each employee Clubs, Public or Private, and associated 1 space for every 100 square feet of gross floer alrea. Darling For any a ssec:a+esl Use .nay he reduced by one _half of the spaces required, by uses the Planning Director upon ubmiss :on of adequate .documentation Dry Sack Boat Storage Facility 1 space for every A dry .docLs Craterni+.. /Sororit.. Residence 1 space for each resident occupant 1 space for every C seats in the chapel or arlor, plus 1 space For each C..neral Sen.:ces f..neral ..eh'cle GnITE9,,rse, Par 3, or nA:n:a +..re Gel F 2 spares for every hole plus requirements fora other asseriated Course a (restaurant, etc.) Group Herres N.Uw :mwn of 7 plus 1 for every A beds and 2 per supervi Herne Occupations (except medical 2 spaces in addition to residential parking requirements doctor, dentist office & beauty salon) HoWaae Occupations (medical doctor, 2 spaces in addition to r s:dential narking requirements dentist office and beauty salon) 1 space per unit, plus 1 space for every 2 employees plus reg..:re.nents Hotel /Motel TT°QL' fora o ther iated usee 1.5 spaces For every 2 employees on shift of greatest employment, 1 Ind,- 4trm;;l or Manufacturing space for each managerial personnel, 1 .. s:+er part :ng space for every Cs +ahl:sh.�aent er \Adarehn..se 1!\ managerial personnel, a... -1 1 space for each vehicle used .directly in the c nd..ct of h..s:ness li..ercar +en or Nursery 7 spaces for each employee and A spaces far drive -in of-street drop_ off and pickup Libraries and nA..se..n.s 1 space For e..er.. 400 s e feet of gross finer arpa Nursing and Dehahili+at:on Center and 1 space for ever.. A heals intended For patient use, plus 1 n employee censer Living: Assisted Living g Facility, an the largest shift Office General or Drefessional 1 space for ey.e .. Ann s e feet of gross finer space Food, Rpgtawant OF Place DispensiRg 1 space for eve .. 2 seats plus 1 space for every 2 n ploy.ees Drink or Refreshments 1 space For e 2 seats pl..s a of 15 spaces for drive -in Den + -. n+ fir ' ' nd 1 space for a . 2 employees Retail Use (unless o+hep.Ase specified) 1 space Fer a 400 square feet of gress finer a Schools, €Iernentary- -and junivF -H iggh, 1 space foF each class -and a,dminktrut+ife— e#Tce,plus l() r%cheei additional spaces- 11 space for every 10 students for ..,h:ch the building s designed School Senior High ' plus 1 space for ac-h classrnen. anal administrative efF:ce _Qad:....a nr Arena 1 space Fore .. A spectator seats Studies, AFt R, Phote 1 space for every 400 squaFe feet of gross fleer. area Page 9121 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 51 2020 -11 Board of Commissioners Draft - Parking and Loading B. Unlisted Uses An applicant proposing to develop a principal use that is unlisted in Table 5.1.5.A: Minimum Off - Street Parking, shall propose the amount of required parking by one of the three methods outlined in this subsection. On receiving the application proposing to develop a principal use not expressly listed in Table 5.1.5.A, the Planning Director shall: 1. Apply the minimum off - street parking space requirement specified in Table 5.1.5.A for the listed use that is deemed most similar to the proposed use; 2. Establish the minimum off - street parking space requirement by reference to standard parking resources published by the Institute for Transportation Engineers (ITE), Urban Land Institute (ULI), National Parking Association, or the American Planning Association; or 3. Require the applicant to conduct a parking demand study to demonstrate the appropriate minimum off - street parking space requirement. The study shall estimate parking demand based on the recommendations of the ITE, ULI, or another acceptable source of parking demand data. This demand study shall include relevant data collected from uses or combinations of uses that are the same or comparable to the proposed use in terms of density, scale, bulk, area, type of activity, and location. C. Mixed Use Development An applicant for a development containing more than one use may calculate reduced minimum parking requirements based on the potential to share parking between uses. The provisions of this subsection C shall not limit the opportunity for an applicant to reduce the minimum number of off - street parking spaces through approval of an alternative parking plan in accordance with Section 5.1.3, Alternative Parking Plans or other provisions of this Ordinance. 2. The following methodology shall be used to calculate the required parking: a. The applicant shall determine the minimum parking required for each component use in the development in accordance with Table 5.1.2.A: Minimum Off - Street Parking. b. The applicant shall apply the time -of -day demand factors for each component use in accordance with Table 5.1.2. C: Shared Parking Time -of -Day Parking Ratios. c. The applicant shall calculate the sum of each column in the resulting table (rounding up all fractions). These sums represent the total estimated shared demand for each time period throughout a typical day. d. The highest of the sums of the columns shall be used as the minimum amount of parking required for the development. Page 10121 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 52 2020 -11 Board of Commissioners Draft - Parking and Loading Table 5.1.2.C: Shared Parking Time -of -Day Parking Ratios Use Classification, Category or Type Weekday Weekend 2 am to 7 a 7 am to 6pm 6 pm to 2 a 2 am to 7 a 7 am to 6pm 6 pm to tam Residential 100% 60% 100% 100% 80% 100% Child care center 0% 100% 40% 0% 80% 20% Office 20% 100% 20% 5% 10% 0% Hotel or motel 100% 60% 100% 100% 60% 100% Personal services 20% 100% 40% 0% 60% 0% Entertainment venues (e.g. theaters) 0% 40% 100% 0% 60% 100% Retail sales 0% 100% 80% 0% 100% 60% All other uses 100% 100% 100% 100% 100% 100% 5.1.63 Alternative Parking Plans The Planning Director may approve an alternate parking plan that proposes alternatives to providing the number of off - street parking spaces required on a site by Section 5.1.2, Minimum Off - Street Parking Standards, in accordance with the following methods and standards. A. Parking Demand Study An applicant may demonstrate that the appropriate minimum off - street parking space requirement for their project is different from the standards outlined in Section 5.1.2, Minimum Off - Street Parking Standards by conducting a parking demand study prepared by a professional engineer. Such a study must illustrate that the minimum parking requirements outlined in Table 5.1.2.A do not accurately apply to a specific development proposal and meet the following requirements: The data submitted must include, at minimum, the size and type of the proposed development, the mix of uses, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads of all uses; and 2. The data must be obtained either from relevant studies published in referenced journals or other secondary source of comparable authority; or from primary studies of no fewer than 3 comparable developments within the regional or comparable market. B. Shared Off -Site Parking Page 11 1 21 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 53 2020 -11 Board of Commissioners Draft - Parking and Loading 1. Location a. The lot in which the parking spaces are located shall be within 660 feet of the primary pedestrian entrances to the uses shared by the parking, measured by the actual distance via a pedestrian walkway from the shared parking area to the primary pedestrian entrances, not a straight -line, point -to -point distance. b. Shared parking spaces shall not be separated from the use they serve by an arterial street unless pedestrian access across the arterial street is provided by appropriate traffic controls (e.g. signalized crosswalk) or a separated pedestrian walkway (such as a bridge or tunnel). 2. Pedestrian Access Adequate and safe pedestrian access shall be provided between the shared parking areas and the primary entrances to the uses served by the parking, by a walkway protected by a landscape buffer or by a curb separation and elevation from the street grade. 3. Signage Signage complying with the standards of Section 5.6, Signs, shall be provided to the public to the shared parking spaces. 4. Justification The alternative parking plan shall include justification of the feasibility of shared parking among the proposed uses. Such justification shall address, at a minimum, the size and type of the uses proposed to share off - street parking spaces, the composition of their tenants, the types and hours of their operations, the anticipated peak parking and traffic demands they generate, and the anticipated rate of turnover in parking space use. The methodology for mixed -use shared parking in Section 5.1.2. C, Mixed -Use Development, may be used to calculate the proposed reduction in required off - street parking. 5. Shared Parking Agreement a. An approved shared parking arrangement shall be enforced through written agreement among all the owners or long -term lessees of lands containing the uses proposed to share off - street parking spaces. b. The agreement shall provide all parties the right to joint use of the shared parking area and shall ensure that as long as the off -site parking is needed to comply with this Ordinance, land containing either the off -site parking area or the served use will not be transferred except in conjunction with the transfer of land containing the other. c. The agreement shall state that no party can cancel the agreement without first sending notice via certified mail to the Planning Director, at least 30 days prior to the termination of the agreement. d. The agreement shall be submitted to the Planning Director for review and approval before execution. Page 12 1 21 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 54 2020 -11 Board of Commissioners Draft - Parking and Loading e. An attested copy of an approved an executed agreement shall be recorded with the Register of Deeds before issuance of a building permit for any use to be served by the shared parking area. f. The agreement shall be considered a restriction running with the land and shall bind the heirs, successors, and assigns of the landowner. g. A violation of the agreement shall constitute a violation of this Ordinance, which may be enforced in accordance with Article 12: Violations and Enforcement. h. No use served by the shared parking arrangement may be continued if the shared parking becomes available to the use permanently or for longer than 30 days, unless substitute off - street parking spaces are provided in accordance with this section. C. Remote Parking If the off - street parking space required by this section cannot be reasonably provided on the same lot on which the principal use is located, the paFki Rg the main eRtraRGe to the principal use the parking may be provided off -site, provided an alternative parking plan that complies with the standards of subsection 8.1 through 8.5 above are met for the off -site parking. D. Deferred Parking An alternative parking plan may propose to defer construction of up to 25 percent of the number of off - street parking spaces required by Table 5.1.2.A: Minimum Off - Street Parking, in accordance with the following standards: 1. Justification The alternative parking plan shall include a study demonstrating that because of the location, nature, or mix of uses, there is a reasonable probability the number of parking spaces actually needed to serve the development is less than the minimum required by Table 5.1.2.A: Minimum Off - Street Parking. 2. Reserve Parking Plan The alternative parking plan shall include a reserve parking plan identifying the amount of off - street parking being deferred and the location of the area to be reserved for future parking, if future parking is needed. 3. Parking Demand Study a. The alternative parking plan shall provide assurance that within 24 months after the initial certificate of occupancy is issued for the proposed development, an off - street parking demand study evaluating the adequacy of the existing parking spaces in meeting the off - street parking demand generated by the development will be submitted to the Planning Director. However, if the Planning Director determines that additional time beyond 24 months is needed to determine whether the supply of parking is adequate to meet demand, the Planning Director has discretion to delay the preparation of the parking study for up to 24 additional months. Page 1321 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 55 2020 -11 Board of Commissioners Draft - Parking and Loading b. If the Planning Director determines that the study demonstrates the existing parking is adequate, then construction of the remaining number of parking spaces shall not be required. If the Planning Director determines the study indicates additional parking is needed, such parking shall be provided consistent with the reserve parking plan and the standards of this section. 4. Use of Reserve Areas Areas reserved for future parking shall be brought to the finished grade and landscaped with an appropriate ground cover. These areas shall not be used for buildings, storage, loading, or other purposes except for temporary overflow parking, provided such use is sufficiently infrequent to ensure maintenance of its ground cover in a healthy condition. E. Valet and Tandem Parking An alternative parking plan may propose to use valet and tandem parking to meet a portion of the minimum number of off - street parking spaces required for commercial uses in accordance with the following standards: 1. Number of Valet or Tandem Spaces A maximum of 35 percent of the total number of parking spaces provided may be designated for valet or tandem spaces except for restaurants, where up to 50 percent of spaces may be designated for valet parking, and hotels, where up to 60 percent of parking spaces may be designated for valet parking. 2. Drop -Off and Pick -Up Areas The development shall provide a designated drop -off and pick -up area. The drop -off and pick -up area may be located adjacent to the building served, but shall not be located in a fire lane or where its use would impede vehicular and /or pedestrian circulation, cause queuing in a public street, or impede an internal drive aisle serving the development. Drop -off and pick- up areas shall not be allowed to use sidewalks for any stationing of vehicles. 3. Valet or Tandem Parking Agreement a. Valet or tandem parking may be established and managed only in accordance with a valet or tandem parking agreement. The agreement shall be for a minimum of 10 years, and include provisions ensuring that a valet parking attendant will be on duty during hours of operation of the uses served by the valet parking. b. The agreement shall be submitted to the Planning Director for review and approval before execution. c. An attested copy of an approved and executed agreement shall be recorded with the Register of Deeds before issuance of a building permit for any use to be served by the valet or tandem parking. d. The agreement shall be considered a restriction running with the land and shall bind the heirs, successors, and assigns of the landowner. Page 14121 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 56 2020 -11 Board of Commissioners Draft - Parking and Loading e. A violation of the agreement shall constitute a violation of this Ordinance, which may be enforced in accordance with Article 1Z Violation and Enforcement. f. No use served by valet or tandem parking may be continued if the valet or tandem service becomes unavailable permanently or for more than 30 days, unless substitute off - street parking spaces are provided in accordance with this section. F. Water Vehicle Parking Water vehicle parking may be used to meet up to ten percent of the required off - Current street parking requirements for commercial establishments located on or along 5.1.6.0 navigable waters. If water vehicle spaces are provided, a minimum of two boat slips shall be required. Water vehicle parking is exempt from the requirements in Sections 5.1.4.A and 5.1.4.8 below. 5.1.54 Off - Street Parking Design Standards La -- No See proposed - - - mill 11111 Page 15 1 21 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 57 2020 -11 Board of Commissioners Draft - Parking and Loading G. Water Veh'Gle Parl4p@ See 1. Water vehiGle park'!Rg spaGes shall have a MiRiMUM width of 10 feet and a proposed A. Surfacing Except as provided in subsections 2 and 3 below, off - street parking and loading areas for all uses other than single - family detached, two - family, and dual unit dwellings shall be surfaced with asphalt, concrete, brick, stone, pavers, or an equivalent hard, dustless, and bonded surface material. Use of surfacing that includes recycled materials (e.g. glass, rubber, used asphalt, brick, block, and concrete) is encouraged. These surfaces shall be maintained in a smooth, well - graded, clean, orderly, and dust -free condition. 2. Intermittent, temporary, or overflow parking spaces, along with parking areas for Agricultural and Recreation, Parks, and Open Space uses are exempt from the surfacing requirements outlined in subsection 1 along as parking areas are brought to the finished grade and landscaped with an appropriate ground cover maintained in a healthy condition or gravel maintained in a dust -free condition. 3. The use of pervious or semi - pervious parking lot surfacing materials, including, but not limited to pervious asphalt and concrete, open joint pavers, and reinforced grass /gravel /shell grids may be approved for off - street parking and loading areas, provided such surfacing is subject to an on -going maintenance program (e.g., sweeping, annual vacuuming). Any pervious or semi - pervious surfacing used for aisles within or driveways to parking and loading areas shall be certified as capable of accommodating anticipated traffic loading stresses and maintenance impacts. B. Design Standards Required off - street parking area for three or more automobiles shall have individual spaces makred, and shall be designed, maintained, and regulated so that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, so that any automobile may be parked and unparked without moving another, except as required for valet and tandem parking in accordance with Section 5.1.3.E, Valet and Tandem Parking. 2. All parking, loading, and service areas shall be separated from abutting walkways, sidewalks, streets, and required landscaped areas by curbing or other suitable protective devices to ensure vehicles do not intrude into these areas. 3. Off - street parking areas serving nonresidential uses or mixed -use development shall be set back a minimum of eight feet from any street right -of -way line (public or private), access easement, or passageway. Page 16121 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 58 2020 -11 Board of Commissioners Draft - Parking and Loading 4. Parking lots shall be landscaped in accordance with Section 5.4.5, Parking Lots. 5. Parking lot illumination shall comply with Section 5.5, Exterior Lighting. 6. One -way and two -way accessways into required parking facilities shall be identified by directional arrows. Any two -way accessway located at any angle other than 90 degrees to a street shall be marked with a traffic separation stripe running the length of the access. This requirement does not apply to parking lot drive aisles. 7. All automotive vehicle parking spaces and aisles shall comply with the standards in Table 5.1.4.8: Dimensional Standards for Parking Spaces and Aisles. Table 5.1.4.8: Dimensional Standards for Parking Spaces and Aisles [1] (2] Parking Angle Stall Width (ft) Stall Depth Perpendicular ul to Aisle Aisle Width (3] Stall Length Curb One- way/Two -way Along Curb (ft) A 8 C D E 0 8 8 20122 22 45 9 19 20122 13 60 9 20 20122 10.5 90 9 18 22122 9 [1] Refer to Figure 5.1.4.8 below for illustrations showing how dimensions for parking spaces and aisles in various configurations are measured. [2] Dimensional standards may be modified by the Planning Director for ramped, elevated parking structures to ensure adequate room for parking and maneuvering vehicles is provided. (3] One -way aisle width may be reduced to a minimum of 11 ft. for 0 degree angled parking; 12 ft. for 45 degree angled parking; and 15 ft. for 60 degree angled parking if not designed to be used for fire access and approved by New Hanover County Fire Services. Page 17 121 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 59 2020 -11 Board of Commissioners Draft - Parking and Loading Figure 5.1.4. B: Measurement of Parking Space and Aisle Dimensions C I ,B- T r u �r 8. The dimensions of parking spaces may be reduced in accordance with the following: C. Water Vehicle Parking Current 1. Water vehicle parking spaces shall have a minimum width of 10 feet and a minimum length of 16 feet, and shall be identified by proper signage. 5.1.5.0 2. Space adjacent to a floating dock shall have a minimum length of 16 feet. 5.1.75 Loading Areas A. Minimum Number of Off - Street Loading Berths 1. Any new development involving the routine vehicular delivery or shipping of goods, supplies, or equipment to or from the development shall provide a sufficient number of off - street loading berths to accommodate the delivery Page 18121 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 60 Current a. Up to 25 percent of parking spaces may be designated for compact vehicles. Such spaces shall have a minimum width of eight feet and a 5.1.5.8.6 minimum length of 16 feet, and shall be identified by proper signage. b. Parking spaces used for tandem parking (See Section 5.1.4.E, Valet or Tandem Parking) may be reduced to a width of eight feet and a length Provisions for of 18 feet. residential districts c. Elevated parking structures (i.e., parking garages) may be permitted in are current residential districts with a special use permit issued in accordance with 5.1.5.B.7 Section 10.3.5: Special Use Permit. They are permitted by -right in the B -1, CB, B -2, O &l, and AC districts. C. Water Vehicle Parking Current 1. Water vehicle parking spaces shall have a minimum width of 10 feet and a minimum length of 16 feet, and shall be identified by proper signage. 5.1.5.0 2. Space adjacent to a floating dock shall have a minimum length of 16 feet. 5.1.75 Loading Areas A. Minimum Number of Off - Street Loading Berths 1. Any new development involving the routine vehicular delivery or shipping of goods, supplies, or equipment to or from the development shall provide a sufficient number of off - street loading berths to accommodate the delivery Page 18121 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 60 2020 -11 Board of Commissioners Draft - Parking and Loading and shipping operations of the development's uses in a safe and convenient manner. 2. The minimum number of loading berths for different principal uses are set forth in Table 5.1.5: Minimum Number of Off - Street Loading Berths; for proposed uses not listed in Table 5.1.5, the requirement for a use most similar to the proposed use shall apply. 3. The Planning Director may approve a reduction to the number of loading berths required for the use if the applicant demonstrates that the appropriate minimum loading berth requirement for their project is different from the standards outlined in Table 5.1.5, Minimum Number of Off - Street Loading Berths by submitting relevant data obtained either from relevant studies published in referenced journals or other secondary source of comparable authority, or from primary studies of no fewer than 3 comparable developments within the regional or comparable market. Table 5.1.5: Minimum Number of Off - Street Loading Berths Principal Use Size Minimum Number of Classification /Category (dwelling units or gross floor area) Loading Berths Non - Industrial Uses Household Living Uses (Multi- family only) and Group Living Uses Health Care Uses, Commercial Services Uses, Office Uses, Personal Services Uses, and Visitor Accommodations uses (Hotel or Motel only) Between 100 and 300 dwelling units, and Each additional 200 dwelling units or major fraction thereof At least 10, 000 up to 100, 000 sf, and Each additional 100, 000 sf or major fraction thereof At least 2, 000 but less than 20, 000 sf Commercial Uses not listed At least 20,000 but less than 60,000 sf elsewhere Each additional 60, 000 sf or major fraction thereof Industrial Uses 1 Add 1 1 Add 1 1 2 Add 1 Up to 25, 000 sf 1 At least 25, 000 but less than 40, 000 sf 2 All Industrial Uses At least 40,000 but less than 100,000 sf 3 At least 100, 000 but less than 160, 000 sf 4 Page 19 121 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 61 2020 -11 Board of Commissioners Draft - Parking and Loading Table 5.1.5: Minimum Number of Off - Street Loading Berths Principal Use Size Minimum Number of Classification /Category (dwelling units or gross floor area) Loading Berths At least 160,000 but less than 240,000 sf 1 5 At least 240,000 but less than 320,000 sf 1 6 At least 320,000 but less than 400,000 sf, and Each additional 90, 000 sf or major fraction Add 1 thereof B. Dimensional Standards 1. Each loading berth shall be of sufficient size to accommodate the types of vehicles likely to use the loading area. 2. The minimum loading berth size that presumptively satisfies loading berth needs is at least 12 feet wide and 45 feet long in general industrial, distribution, or warehousing uses, with at least 15 feet vertical clearance. For all other uses, a berth as short as 33 feet may be allowed. 3. The Planning Director may require a larger loading berth or allow a smaller loading berth on determining that the characteristics of the particular development warrant such increase or reduction. C. Location of Loading Areas 1. To the maximum extent practicable, loading areas should be located to the rear of the use they serve. 2. Loading areas should be located adjacent to the building's loading doors, in an area that promotes their practical use. 3. Loading areas should be located and designed so vehicles using them can maneuver safely and conveniently to them from a public street and complete loading entirely within the site, without obstructing or interfering with any parking space, parking lot aisle, or public right -of -way, unless approved as part of a Master Development Plan or conditional rezoning (e.g., for a mixed -use development project with internal streets). Page 20121 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 62 2020 -11 Board of Commissioners Draft - Parking and Loading Section 6.2 Design Standards 6.2.2 Specific Standards A. Minimum Requirements 14. Mailbox Kiosks Cluster -style mailbox kiosks shall be provided as required by the U.S. Postal Service. A paved area with ingress /egress to allow vehicles to pull off, park, and re -enter the roadway safely shall be required for each kiosk area. Kiosks shall be located in areas that will best allow for vehicle parking, which shall be designed so as not to create pedestrian or vehicle safety issues. Page 21 1 21 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 63 2020 -11 Board of Commissioners Draft -Uses and Standards Section 2.1 Measurements Spacing Between Buildings The minimum distance, measured horizontally, from the closest point on one building to the closest point of an adjacent building. The closest point shall include projections such as bump - outs, bay windows, or similar projections, and eaves or roof overhangs that extend more than two feet from the building. Section 2.3 Definitions Agricultural and Forestry Uses, General Uses characterized by general active and ongoing agricultural activities, including agronomy, animal husbandry, aquaculture, biotechnical agriculture (including education parks for biotechnical agriculture or a demonstration farm), forestry, fisheries, apiculture, and similar uses. For the purposes of this LIDO, this definition shall include any bona fide farm as defined in N. C. G. S. 160D -903. Animal Grooming Service A commercial establishment where a pet may be bathed, brushed, clipped, trimmed, and /or styled for the purposes of enhancing its appearance and /or health. This use typically includes an accessory retail component that is subordinate to the grooming service. This use does not include the breeding, boarding, training, raising, or selling of any animals; for those activities, see "Kennel". Auction House An establishment where the real or personal property or others is sold by a broker or auctioneer to persons who attend scheduled sales or events. Commercial Kitchen, Catering An establishment whose principal business is to prepare food on -site, then to transport and deliver or serve off -site. No business consumption of food or beverages is conducted on the premises. Community Garden An area managed and maintained by a group of individuals to grow and harvest fruits, flowers, vegetables, or ornamental plants for personal or group consumption, for donation, or for incidental sale. Data Center An establishment primarily engaged in providing infrastructure (e.g., computer systems and associated components such as telecommunications and storage systems) for data processing and storage, web hosting, application hosting, streaming services, and related services. Electric Vehicle Charging Station A vehicle parking space served by an electrical component assembly or cluster of component assemblies (battery charging station) designed and intended to transfer electric energy by conductive orinductive means from the electric grid or other off -board electrical source to a battery or other energy storage device within a vehicle that operates, partially or exclusively, on electric energy. Page 1148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 64 2020 -11 Board of Commissioners Draft -Uses and Standards Elementary and Secondary Schools An educational institution that offers a program of high school, technical high school, middle school (or junior high school), and /or elementary school (including kindergarten, pre -k, pre -k -8, or nursery school) instruction meeting State requirements for a school. Such uses include classrooms, laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities, dormitories, and other facilities that further the educational mission of the institution. Emergency Services Facility An establishment for the provision of emergency services, such as fire, rescue and emergency medical service, and associated emergency preparedness, emergency management, or disaster management activities. Event Center A commercial establishment, either indoors or outdoors, with the primary purpose of providing space for meetings, gatherings, reunions, weddings, conventions, private parties, and other similar gatherings. Includes convention centers, wedding and event venues, and other uses not included as part of community centers; lodges, fraternal, or social organizations; or religious assemblies. Food Pantry A facility where stocks of food and personal care items, typically basic provisions and nonperishable items, are supplied free of charge to people in need. This use does not include food pantry as an accessory use to a Religious Assembly principal use, nor does it include incidental structures commonly referred to as Little Free Pantries. Hospice A licensed hospice facility which provides palliative care and supportive medical and other health services to meet the physical, psychological, social, spiritual, and special needs of terminally ill patients and their families in a group residential setting Instructional Services and Studios Establishments primarily engaged in teaching skills within a group setting pertaining to specialized recreational or artistic pursuits, including but not limited to, dance studios, yoga studios, fitness classes, martial arts, painting, sculpting, and singing. Microbrewery/Microdistillery An establishment where beer, malt beverages, wine, distilled alcohol, or mead is made on the premises primarily for on -site consumption and /or retail sales, and may be packaged for distribution off -site. Typical accessory uses may include a restaurant, tasting room, retail, food truck, and /or live entertainment, as otherwise permitted in the zoning district. For the purposes of this definition, the following shall constitute a microbrewery/microdistillery: • In the case of Microbreweries, breweries that produce no more than 15,000 barrels of beer per year AND where the total brewery size, as measured by the sum of the gross floor area, does not exceed 25,000 square feet. • In the case of Microdistilleries, distilleries that produce no more than 50, 000 US gallons per year AND where the total distillery size, as measured by the sum of the gross floor area, does not exceed 25,000 square feet. Page 2148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 65 2020 -11 Board of Commissioners Draft -Uses and Standards Forbreweries and distilleries that exceed the square footage and production limits, see "Beverage Manufacturing" in the Principal Use Table. Oil and Gas Dealer, Retail An establishment primarily engaged in the retail sale of heating oil, liquefied petroleum (LP) gas, and other fuels Solar Energy Collection Facility, Accessory A facility designed to meet energy demands for the principal use of the property on which the collection facility is located, and consisting of solar panels, modules, and related equipment (e.g., heat exchanger, pipes, inverter, wiring, storage) that collects solar radiation and transfers it as heat to a carrier fluid for use in hot water heating or space heating and cooling, and /or that collects energy and converts it into electricity. A solar energy collection facility intended to serve the energy needs of a use or uses beyond the property on which the collection facility is located shall constitute a "Solar Energy Collection Facility" principal use. Temporary Emergency Services Facility A temporary establishment for the provision of emergency services, such as fire, rescue and emergency medical services, and associated emergency preparedness, emergency management, or disaster management activities. Temporary Family Healthcare Structure A transportable residential structure accessory to a principal dwelling, not on a permanent foundation, for occupancy by a caregiver providing care for a mentally or physically impaired person, that is primarily assembled at a location other than its site of installation and complies with applicable provisions of the State Building Code and GS 143- 139.1(b). Transportation Vehicle Service and Storage Facility A garage or yard facility where public transportation or freight vehicle fleets are stored, maintained, and dispatched into service. These facilities do not involve the storage of personal vehicles, equipment, or other items used by the general public. Urgent Care Facility A facility that provides emergency medical services with no provision for continuing care on an inpatient basis. Such establishments generally have a wider range ofbusiness hours than medical and /or dental offices and /or clinics, serve primarily drop -in patients, and may include accessory uses such as heliports. Wind Energy Collection Facility, Accessory An alternate energy device which converts wind energy by means of a rotor to mechanical or electrical energy to serve the energy needs of the principal use of the property on which the collection facility is located. A wind generator may also be deemed a windmill. A wind energy collection facility intended to serve the energy needs of a use or uses beyond the property on which the collection facility is located shall constitute an "Electricity Generating Facilities" principal use. Page 3148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 66 2020 -11 Board of Commissioners Draft -Uses and Standards Section 3.1 General 3.1.3 SUPERSEDING DIMENSIONAL STANDARDS D. Performance Residential Development 1. Setbacks and Spacing a. Buildings on the periphery of a Performance Residential Development shall be setback a minimum of 20 feet from the adjoining property line. Multi- family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All ether dwelling , n'tS shall he ° ed a FR'ReMUFR of 10 feet#em eaeh ather. Single family detaehed dwellings shall be spaGed a FniniFnUM of +eo feet frem o eh other, Pn red frern the eleSest parts of the b u'Id'ogs 6 Ale multiple dwelling L nit shall he boated closer than 20 feet to a art of an tither dwelling Unit. This provision has been removed as it is consistent with the proposed amendment to residential height E. Additional Dwelling Allowance maximums. The height limit of the specific district 5. Setbacks and Maxim-UM Heigh+ would govern. a. Maximum allewable height for GtFWGtUFeS shall be 40 feet. However, the Maximum allewahle height fer oiling nrted s+RAofi Tres located "Goal +al H'gh Hazard Areas \/_7ooes" Rd /or Ocean Hazard Areas as def'.,e.d by the Geastai Desna gees .. shall he n A feet b. The required minimum setback for developments with an Additional Dwelling Allowance shall not be less than 25 feet. c. When such projects are located and adjacent to any existing detached residential development (not including Mobile Home Parks, other developments with an Additional Dwelling Allowance or High Density Development special use permit, or General Planned Development districts), structures over 25 feet in height shall be setback a distance equal to the height of the structure. d. Multi - family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling units shall be spaced a minimum of 10 feet from each other. Inn shall aRY art of a detached s gle family dwell'og U n'+ ho IncatM Ginspr than 10 feet te any paFt of any other detached single family dwellife, and On nG ease shall any paFt of an attaGhed dwelling Linit be IOGated Gloser than-20 feet tea o ther dwelling Unit. 4148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 67 2020 -11 Board of Commissioners Draft -Uses and Standards Section 3.2 Residential Zoning Districts Subsections 1 & 2 removed in order to maintain consistency 3.2.10 RESIDENTIAL 7 (R -7) DISTRICT with other districts. E. aiie..ter as the est r nt Wilmington noon F nGtienai Glassifinatien Map or to a 2. When a development proposal is submitted feF this diStFiGt, it shall be reviewed in aGGGrdanGe with the same standards as establiGhed OR SeGtien 6.2� Design StandaFds even if the prejeGt does nat involve the subdivision of land. aGGE)rdaRGe with the standards set by the Gape Fear PubliG Utility AutheFity, GOURty, OF appropriate IeGal a stare Subsection 3 is currently addressed by il. G =P in sewer provisions in Article 6 Subdivisions Section 3.3 Mixed Use Zoning Districts 3.3.7 PLANNED DEVELOPMENT (PD) DISTRICT E. Other District Standards 4. Building Separation Standards a. The project shall be designed so as to avoid encroachment into the path of any proposed transportation project included in the Wilmington MPO's Metropolitan Transportation Plan. b, Multi - family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling units shall be spaced a minimum of 10 feet from each other. Ne pait of a aetaGhed „'e family a,.,emRg ,.,it OF its StFUGkIre shall be IGGated Glaser than 10 feet to any paFt Gf any etheF detaGhed sing4e- family dwelling ar its a GtF GtUr., G. NG pai4 of a multi family oF attaGhed dWel"Rg unit GF its aGGessGry stwGtWe shall be leGated Gleser than 20 feet to aRy part of another dwelliRg WRit, aGGessE)FY StFUGtUFeT-0f RE)RresidleRtial building. Page 5148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 68 2020 -11 Board of Commissioners Draft -Uses and Standards 6148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 69 2020 -11 Board of Commissioners Draft -Uses and Standards Use P P P P P P P P P P P P P P P P P P P P P P P Livestock Sales N P P P P J CC L C_C C = P N P S* S* P P 4.3.2 Stable P P* P* P* P* P P LL LL LL P 7G P P S* P P P P 4.3.1 Wholesale Nursery P P P P P P P P P P P � P N P P P P P N P OC Q OC CC G' OC OC G' OC d' fY d' d P Oft V 00 0 tvif U Q - Agricultural uses Agricultural and Forestry Uses, General P P P P P P P P P P P P P P P P P P P P P P P Livestock Sales P P P P P P P P P P S* S* P P 4.3.2 Stable P P* P* P* P* P P P P P P P P P S* P P P P 4.3.1 Wholesale Nursery P P P P P P P P P P P P P P P P P P P P P P P 4.3.2 Residential uses Household Living Dwelling, Dual -Unit Attached P P P P P P P P P P P S* S* P Dwelling, Multi - Family P P P P P P P P P P S* S* P 4.3.2 Dwelling, Quadraplex P P P P P P P P P P P S* S* P 4.3.2 Dwelling, Single - Family Detached P P P P P P P P P P P P P P S* S* P P 4.3.2 Dwelling, Triplex P P P P P P P P P P P S* S* P 4.3.2 Dwelling, Row -Style P P P P P P P P P P P S* S* P 4.3.2 Dwelling, Two - Family (Duplex) S P S P P P P P P P P S* 4.3.2 Live/Work or Caretaker Unit P* P* S* S* S* P* S* S* S* 4.3.2 Mobile Home S P S P P P S* S* 4.3.2 Mobile Home, Doublewide P* P* P* P* P* P* P* S* S* 4.3.2 Mobile Home Park S* S* S* S* P 4.3.2 Mobile Home Subdivision S S S S S S Senior Living: Independent Living Retirement Community S S S S S P P P P P P P S Page 7148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 70 2020 -11 Board of Commissioners Draft -Uses and Standards Use P. P. P* P* P. P* S* P* P* P* P* P* P* P* P I P P P P P P P 4.3.2 Fraternity /Sorority Residence S N S S S S S J CC L C_C C = S* N P* P* P P* P. P 4.3.2 Group Home P* P* P* P* P* P* P* LL LL LL P* 7G P* P* S* P* S* 4.3.2 Senior Living: Assisted Living Facility S* P S* S* S* S* S P S* S* S* � P* N P S* P S* P OC Q OC CC D' of of of w of w of d D Oft U w O ttA U P S* Group Living Family Care Home P. P. P* P* P. P* S* P* P* P* P* P* P* P* P I P P P P P P P 4.3.2 Fraternity /Sorority Residence S SR R S S S S S S S* S* S. S* P P* P* P P* P. P 4.3.2 Group Home P* P* P* P* P* P* P* P* P* P* P* P* P* P* S* P* S* 4.3.2 Senior Living: Assisted Living Facility S* P S* S* S* S* S P S* S* S* S* P* P* P S* P S* P 4.3.2 Senior Living: Continuing Care Retirement Community S* S* S* S* S* S* S* S* S* S* S* P* P* S* P P S* P 4.3.2 Civic and Institutional Child and Adult Care Adult Day Care S* S* S* S* S* S* S* S* S* S* S* P* P* P* P* 4.3.3 Child Care Center S S S S S S S S S S S P P P P P P P S S Family Child Care Home P* P* I P* P* I P* P* P* P* P* P* P* P P S S S 4.3.3 Civic Animal Shelter S* S* S* S* I I I P P P I P P S P P P P 4.3.3 Community Center S SR R S S S S S S S S S S P P P P P P P Food Pantry P* P* 4.3.3 Library P P P P P P S P P P P P P P P P P P P Lodges, Fraternal, & Social Organizations S* S* S* S* S* S* S* P P P P P P P 4.3.3 Museum P P P P P P P P Religious Assembly P P P P P P SS P* P* P* P* P* P* P P P* P* P P P P* P P Page 8148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 71 2020 -11 Board of Commissioners Draft -Uses and Standards Use P. P* P* P* P. P* S P* P* P* P* P* P* P* P* P* P* P* P* P* P. P* P* 4.3.3 90 ft.) S S S* S* S* S CC CsC P P P P 4.3.3 Antenna & Towers less than 70 S P S S S S S P P P P P P P P P P P P P P P P ft. in Height & Ancillary to the P* P* P* P* P. P* P* P. P* P* P* P* P* P* P* P* P* P* P* N P* OC Q OC CC D' OC OC G.' OC 0' fY d' d Oft V 00 O tvif V Q - Communication and Information Facilities Amateur Radio Antennas (up to P. P* P* P* P. P* S P* P* P* P* P* P* P* P* P* P* P* P* P* P. P* P* 4.3.3 90 ft.) S S S* S* S* S P P P P 4.3.3 Antenna & Towers less than 70 S P S S S S S P P P P P P P P P P P P P P P P ft. in Height & Ancillary to the P* P* P* P* P. P* P* P. P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3 Principal Use S S S S S S P P P P P Cellular & PCS Antennas P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3 Other Communication Facilities S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* P* P* 4.3.3 including Towers Educational Services Colleges, Universities, and S I P S S S S S P P P P P P P P P P P P P P P P Professional Schools S S S* S* S* S P P P P 4.3.3 Elementary and Secondary S P S S S S S P P P P P P P P P P P P P P P P Schools P p P P p S S S S S S P P P P P P P P P P P Vocation or Trade School S S S S S S P P P P P Government Services Emergency Services Facility P I P P P P P P P P P P P P P P P P P P P P P P Government Offices and S S S* S* S* S P P P P 4.3.3 Buildings S P S S S S S P P P P P P P P P P P P P P P P Post Office P P P P P P P P P P P Health Care Facilities Hospice S S S S S P P P P P P P P P Hospital S S S* S* S* S P P P P 4.3.3 Medical and Dental Office and Clinic P P P P P P P P P P P Page 9148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 72 2020 -11 Board of Commissioners Draft -Uses and Standards Boating Facility, Community Zoning District use S* S* Standards S* S* S* S* S* S* S* S* S* S* P P P 4.3.3 Boating Facility, Private Residential P* P* P* Use P* P* P* N P* P* P* P P* J CC L C=C C = N P P P 4.3.3 Cemetery S* S* S* S* S* S* QQ S* N N 7 0 - ^ T 2 2 2 2 LL 7G 7 P N 4.3.3 Community Garden P P P N P ■ OC Q cc W cc cc cc cc cc W cc W d D Oft V W O tvif U Q _ P P Nursing and Rehabilitation S* P S* S* S* S* S* S* S* S* S* S. P P S* S* S* P Park and Recreation Area P P P P 4.3.3 Center P P P P P P P P I P P P P P P P P I P Railroad Passenger Terminal Urgent Care Facility P P* P* P* P* Water Transportation Facilities P* P* 4.3.3 Recreation, Parks, and Open Space Boating Facility, Community S* S* S* S* S* S* S* S* S* S* S* S* S* S* P P P 4.3.3 Boating Facility, Private Residential P* P* P* P* P* P* P* P* P* P* P* P P* P* P P P P P 4.3.3 Cemetery S* S* S* S* S* S* S* S* S* S* S* S* S* S* P P P 4.3.3 Community Garden P P P P P P P P P P P P P P P P P P P P P P P 4.3.3 Golf Course P P P P P P P P P P P P P S* S* S* S* 4.3.3 Park and Recreation Area P P P P P P P P P P P P P P I P P P P P P P P I P Transportation Airport and Terminal P P P P P Bus and Taxi Terminal P P P P P P P Heliport P P P P P Marina, Commercial S* S* S. S* S* S. S* S* S* S* S* P P S* P P P P P 4.3.3 Marina, Commercial with Floating Structures S* S* S* S* S* S* S* S* S* 4.3.3 Railroad Freight Depot P P P Railroad Passenger Terminal P P P Water Transportation Facilities P P P P P P Utilities Electric Substation I S I S I I S I S I S I S I S* I S* I S* I S* I S* I P I P I P I P I P I P I P I P I P I P I P 1 4.3.3 Solar Energy Collection Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 73 Page 10148 2020 -11 Board of Commissioners Draft -Uses and Standards Zoning District Use Standards Use = P P P* P* P P* P P P S* 4.3.4 Bar /Nightclub P ul P* P* P* J i 2 x P P P P P P P P QQ cc N N S* S* ^ LL LL LL LL P P N P* S* S P* P S* OC Q of of of of of of of of of of d D Oft U w O ttA U SS P P P* Utility Lines, Structures, and /or P 4.3.4 Indoor Recreation Establishment S* S* S* S* S* S* S* S* S* S* S* S* P P P P P S* P Facilities; General P* P. P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3 Commercial Uses S Amusement & Entertainment Uses Adult Entertainment Establishment P P P* P* P P* P P P S* 4.3.4 Bar /Nightclub P P* P* P* P* P P P P P P P P 4.3.4 Electronic Gaming Operation S S* S* S* P P P P* S* S P* P S* P 4.3.4 Event Center P P P* P* P SS P P P* P P 4.3.4 Indoor Recreation Establishment S* S* S* S* S* S* S* S* S* S* S* S* P P P P P S* P P P P P 4.3.4 Outdoor Recreation Establishment S* S* S* S* S* S* S* S* S* S* S* S* P P P P P S* P P S P P 4.3.4 Outdoor Shooting Range S* S* 4.3.4 Animal Services Animal Grooming Service P P P* P* P P* P P P P 4.3.4 Equestrian Facility P P* P* P* P* P P P P 4.3.4 Kennel S S* S* S* P P P P P S P P P P 4.3.4 Veterinary Service P P P P P SS P P P P P Commercial Services Bank and /or Financial Institution P P P P P P P P P Business Service Center P P P P P P P P P Commercial Parking Lot or Page 11148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 74 2020 -11 Board of Commissioners Draft -Uses and Standards F Table 4.2.1 Principal Use Table S* Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed S* Zoning District P P P* P* P P P P P 4.3.4 Campground /Recreational P P P P P P P P P P P Vehicle (RV) Park S* S* S* S* S* S* P* P P P P* P P P P P 4.3.4 Hotel or Motel P P P P P P P P P P P Professional Activities Food & Drink Commercial Kitchen, Restaurant Lodging Bed and Breakfast inn S. S* S. S. S* P P P* P* P P P P P 4.3.4 Campground /Recreational P P P P P P P P P P P Vehicle (RV) Park S* S* S* S* S* S* P* P P P P* P P P P P 4.3.4 Hotel or Motel P P P P P P P P P P P Office Contractor Office P S P* P* P P P P P 4.3.4 Labor Organization P P P P P P P P P P P Offices for Private Business and P P P P P P P P P P P P P P P P P P P P P Professional Activities Personal Services Dry Cleaning /Laundry Plant P P P P P P P Instructional Services and Studios P P P P P P P P P P Personal Services, General P P P P P P P P P P 12148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 75 2020 -11 Board of Commissioners Draft -Uses and Standards Use P P P P P P Convenience Store S. ut S* S. S* J CC L C_C C = N P P P P S P P P P P 4.3.4 Food Market LL LL LL 7G P P P P P P P P P P Grocery Store � P N P P P P N P OC Q OC CC 0' OC OC G.' OC D!' fY D!' d Oft V 00 O tvif V Q - P* Retail Sales Auction House P P P P P P Convenience Store S. S. S* S. S* P P P P P S P P P P P 4.3.4 Food Market P P P P P P P P P P Grocery Store P P P P P P P P P P Oil or Gas Dealer, Retail S* P* S* P* P* P P* P P P P* 4.3.4 Pharmacy P P P P P P P P P P Retail Nursery S P P P P P P P P P Retail Sales, Building and Construction Supplies P P P* P P P P P 4.3.4 Retail Sales, General P P P P P P P P P P Vehicle & Equipment Sales & Service Boat Dealer P P P P P P Car Wash P S P P* P P P P P P 4.3.4 Equipment Rental and Leasing P S P P P P P Farm Implement Sales P P P P P P P Fuel Sales S* P* S* P* P* P* P* P* P* P* P* 4.3.4 Mobile Home and Prefab Building Sales P P P P P Transportation Vehicle Service and Storage Facility S 5 P P Vehicle Rentals P S P* P P P 4.3.4 Vehicle Sales P P P P I P P Page 13148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 76 2020 -11 Board of Commissioners Draft -Uses and Standards F Table 4.2.1 Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Zoning District P S S P P P (NAICS 3111) Use Bakeries and Tortilla P S 5 P P P Manufacturing (NAICS 3118) Dairy Product Manufacturing Vehicle Service Station, Large P S S P P P (NAICS 3115) Vehicles Fruit and Vegetable Preserving and Specialty Food P S S P P P Manufacturing (NAICS 3114) Vehicle Towing Service and Storage Yard Industrial Uses Design & Technology Services Broadcasting and Production P P P P S P P Studio Data Center P P P P Research and Development P P P P P P P P Facility Industry & Manufacturing Artisan Manufacturing P P I P I P* I P* I P P I P I P I P 4.3.5 311 Food Manufacturina Animal Food Manufacturing P S S P P P (NAICS 3111) Bakeries and Tortilla P S 5 P P P Manufacturing (NAICS 3118) Dairy Product Manufacturing P S S P P P (NAICS 3115) Fruit and Vegetable Preserving and Specialty Food P S S P P P Manufacturing (NAICS 3114) Page 14148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 77 2020 -11 Board of Commissioners Draft -Uses and Standards 312 Beverage & Tobacco Product Manufacturing Beverage Manufacturing (NAICS P S S P P P 3121) Tobacco Manufacturing (NAICS S P 3122) 313 Textile Mills Fabric Mills (NAICS 3132) S S P Fiber, Yarn, and Thread Mills S S P Textile and Fabric Finishing and Fabric Coating Mills (NAICS S S P 3133) 314 Textile Product Mills Other Textile Product Mills (NAICS 3149) S S S P Page 15148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 78 Table • . l Use Table Key: P = Permitted by Right S = Special Use Permit Required Specific Use Standards Apply in District blank cell = not allowed Zoning District use Standards Use ut J CC L CsC C = QQ N N 7 70 ^ T M 2 2 LL 2 7G 7 N Grain and Oilseed P S S P P P Manufacturing (NAICS 3112) Other Food Manufacturing P S S P P P (NAICS 3119) Seafood Product Preparation P S S P P P and Packaging (NAICS 3117) Sugar and Confectionary Product Manufacturing (NAICS P S P P P P 3113) 312 Beverage & Tobacco Product Manufacturing Beverage Manufacturing (NAICS P S S P P P 3121) Tobacco Manufacturing (NAICS S P 3122) 313 Textile Mills Fabric Mills (NAICS 3132) S S P Fiber, Yarn, and Thread Mills S S P Textile and Fabric Finishing and Fabric Coating Mills (NAICS S S P 3133) 314 Textile Product Mills Other Textile Product Mills (NAICS 3149) S S S P Page 15148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 78 2020 -11 Board of Commissioners Draft -Uses and Standards Zoning District Use = LL LL LL LL N cc OC Q OC CC D!' d' OC d' GC d' GC D!' d Oft V 00 O tvif U Q _ N Textile Furnishings Mill (NAICS 3141) S S S P 315 Apparel Manufacturing Apparel Accessories and Other Apparel Manufacturing (NAICS P P P P 3159) Apparel Knitting Mills (NAICS S S P 3151) S Cut and Sew Apparel P P P P Manufacturing (NAICS 3152) 316 Leather and Allied Product Manufacturina Use Standards Footwear Manufacturing (NAICS P P P P 3162) Leather and Hide Tanning and S P Finishing (NAICS 3161) Other Leather and Allied Product Manufacturing (NAICS P P P P 3169) 321 Wood Product Manufacturing Other Wood Product S S P Manufacturing (NAICS 3219) Sawmills and Wood S S P Preservation (NAICS 3211) Veneer, Plywood, and Engineered Wood Product S P S P Manufacturing (NAICS 3212) Page 16148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 79 2020 -11 Board of Commissioners Draft -Uses and Standards Use = p 5 S P P P Activities (NAICS 3231) V1 J i 2 _ 325 Chemical Manufacturing Basic Chemical Manufacturing LL LL LL LL S P (NAICS 3251) � N OC Q OC CC D!' OC OC d' GC D!' GC D!' d D Oft U w O ttA U 322 Paper Manufacturing Converted Paper Product Manufacturing (NAICS 3222) 323 Printing & Related Support Activities Printing and Related Support p 5 S P P P Activities (NAICS 3231) 325 Chemical Manufacturing Basic Chemical Manufacturing S P (NAICS 3251) Other Chemical Product and Preparation (NAICS 3259) [Except Explosives Manufacturing (NAICS 325920) S P and All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS 325998)] Paint, Coating, and Adhesive S P Manufacturing (NAICS 3255) Pharmaceutical and Medicine P P P Manufacturing (NAICS 3254) Resin, Synthetic Rubber, and Artificial Synthetic Fibers and S P Filaments Manufacturing (NAICS 3252) Page 17148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 80 2020 -11 Board of Commissioners Draft -Uses and Standards Zoning District use Standards Use _ O N v Q = N OC Q OC CC d' d' OC d' GC d' GC d' Soap, Cleaning Compound, and Toilet Preparation S P Manufacturing (NAICS 3256) 326 Plastics & Rubber Products Manufacturing Plastics Product Manufacturing S S P (NAICS 3261) Rubber Product Manufacturing S P (NAICS 3262) 327 Nonmetallic Mineral Product Manufacturing Cement and Concrete Product Manufacturing (NAICS 3273) S P [Except Cement Manufacturing (NAICS 32731)] Clay Product and Refractory S P Manufacturing (NAICS 3271) Glass and Glass Product S P Manufacturing (NAICS 3272) Other Nonmetallic Mineral Product Manufacturing (NAICS S P 3279) 331 Primary Metal Manufacturing Alumina and Aluminum Production and Processing (NAICS 3313) [Except Alumina S P Refining and Primary Aluminum Production (NAICS 331313) and Secondary Smelting and Page 18148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 81 2020 -11 Board of Commissioners Draft -Uses and Standards 332 Fabricated Metal Product Manufacturing Architectural and Structural Table • . l Use Table Key: P = Permitted by Right S = Special Use Permit Required Specific Use Standards Apply in District blank cell = not allowed Zoning District use Standards Metals Manufacturing (NAICS Use ut J CC L C=C C = S N 3323) Ln 0 ^ � LL LL LL LL 7G � Boiler, Tank, and Shipping N Container Manufacturing Allowing of Aluminum (NAICS S S P (NAICS 3324) 331314)] Coating, Engraving, Heat Iron and Steel Mills and Treating, and Allied Activities Ferroalloy Manufacturing S P (NAICS 3328) S P (NAICS 3311) Cutlery and Handtool Nonferrous Metal (except P S S P P P Manufacturing (NAICS 3322) Aluminum) Production & Forging and Stamping (NAICS S P Processing (NAICS 3314) S P 3321) Steel Product Manufacturing Hardware Manufacturing from Purchased Steel (NAICS P S S P P P (NAICS 3325) S P 3312) 332 Fabricated Metal Product Manufacturing Architectural and Structural Metals Manufacturing (NAICS S S P 3323) Boiler, Tank, and Shipping Container Manufacturing S S P (NAICS 3324) Coating, Engraving, Heat Treating, and Allied Activities S P (NAICS 3328) Cutlery and Handtool P S S P P P Manufacturing (NAICS 3322) Forging and Stamping (NAICS S P 3321) Hardware Manufacturing P S S P P P (NAICS 3325) Page 19148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 82 2020 -11 Board of Commissioners Draft -Uses and Standards Zoning District Use = O N v Q = N Machine Shops: Turned Product, and Screw, Nut, and Bolt S P Manufacturing (NAICS 3327) Other Fabricated Metal Product S S S P Manufacturing (NAICS 3329) Spring and Wire Product P S S P P P Manufacturing (NAICS 3326) 333 Machinery Manufacturinq Use Standards Agriculture, Construction, and Mining Machinery P S S P P P Manufacturing (NAICS 3331) Commercial and Service Industry Machinery P S P P P P Manufacturing (NAICS 3333) Engine, Turbine, and Power Transmission Equipment P S P P P P Manufacturing (NAICS 3336) Industrial Machinery P S P P P P Manufacturing (NAICS 3332) Metalworking Machinery P S S P P P Manufacturing (NAICS 3335) Other General Purpose Machinery Manufacturing P S P P P P (NAICS 3339) Ventilation, Heating, Air- P S S P P P Conditioning, and Commercial Page 20148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 83 2020 -11 Board of Commissioners Draft -Uses and Standards Zoning District Use _ n°i N n a m v m O Refrigeration Equipment Manufacturing (NAICS 3334) 334 Computer and Electronic Product Manufacturinq Use Standards Audio and Video Equipment P S S P P P Manufacturing (NAICS 3343) Communications Equipment P S S P P P Manufacturing (NAICS 3342) Computer and Peripheral Equipment Manufacturing P S S P P P (NAICS 3341) Navigational, Measuring, Electromedical, and Control P S P P P P Instruments Manufacturing (NAICS 3345) Manufacturing and Reproducing Magnetic and Optical Media P S S P P P (NAICS 3346) Semiconductor and Other Electronic Component P S S P P P Manufacturing (NAICS 3344) 335 Electrical Equipment, Appliance, and Component Manufacturing Electrical Equipment P S S P P P Manufacturing (NAICS 3353) Electric Lighting Equipment P S P P P P Manufacturing (NAICS 3351) Page 21148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 84 2020 -11 Board of Commissioners Draft -Uses and Standards Zoning District Use = 2 2 QQ N N ^ LL LL LL LL N cc OC Q w w w D_' w w w w w w d D Oft U w O N U Household Appliance P S S P P P Manufacturing (NAICS 3352) Other Electrical Equipment and Component Manufacturing P S P P P P (NAICS 3359) 336 Transportation Equipment Manufacturinq Use Standards Aerospace Product and Parts P S P Manufacturing (NAICS 3364) Motor Vehicle Body and Trailer S S P Manufacturing (NAICS 3362) Motor Vehicle Manufacturing 5 S P (NAICS 3361) Motor Vehicle Parts P S P Manufacturing (NAICS 3363) Other Transportation Equipment p S P Manufacturing (NAICS 3369) Railroad Rolling Stock P S P Manufacturing (NAICS 3365) Ship and Boat Building (NAICS P S P 3366) Page 22148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 85 2020 -11 Board of Commissioners Draft -Uses and Standards Use = Furniture and Kitchen Cabinet V1 J i 2 _ P S S P P P Manufacturing (NAICS 3371) LL LL LL LL Office Furniture (including � N OC Q OC CC D' OC OC O' GC 0!' GC D!' d D Oft U w O tth U S 337 Furniture and Related Product Manufacturing Household and Institutional Furniture and Kitchen Cabinet P S S P P P Manufacturing (NAICS 3371) Office Furniture (including Fixtures) Manufacturing (NAICS P S S P P P 3372) Other Furniture Related Product p S S P P P Manufacturing (NAICS 3379) Medical Equipment and Supplies P P P P Manufacturing (NAICS 3391) Other Miscellaneous P S P P P P Manufacturing (NAICS 3399) Intensive I Intensive Manufacturing & Processing All Other Miscellaneous Chemical Product and 5 Preparation Manufacturing (NAICS 325998) Alumina Refining and Primary Aluminum Production (NAICS S 331313) Animal Slaughtering and S Processing (NAICS 3116) Cement Manufacturing (NAICS S 32731) Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 86 Page 23148 2020 -11 Board of Commissioners Draft -Uses and Standards Other Intensive Industrial Uses Electricity Generating Facilities Table • . l Use Table Key: P = Permitted by Right S = Special Use Permit Required Specific Use Standards Apply in District blank cell = not allowed Zoning District Use Standards S Fuel Bulk Storage Facilities Use N J CC L C_C C = N Mining & Quarrying, High Ln 0 ^ � LL LL LL LL 7G � Intensity N N OC Q OC CC D!' d' OC d' GC d' GC D!' d � Of1 V 00 O tvif U Q _ Explosives Manufacturing S. S. 4.3.5 Intensity S (NAICS 325920) Sanitary Landfill (NAICS 562212) Foundries (NAICS 3315) S* 4.3.5 Warehousing, Storage, & Wholesale Sales and Distribution Dry Stack Boat Storage Facility, S Lime and Gypsum Product P P P P P Stand -Alone S Manufacturing (NAICS 3274) Pesticide, Fertilizer, and Other Agricultural Chemical S Manufacturing (NAICS 3253) Petroleum and Coal Products S Manufacturing (NAICS 3241) Pulp, Paper, and Paperboard S Mills (NAICS 3221) Secondary Smelting and Alloying of Aluminum (NAICS S 331314) Other Intensive Industrial Uses Electricity Generating Facilities S Fuel Bulk Storage Facilities S Mining & Quarrying, High S* 4.3.5 Intensity Mining & Quarrying, Low S. S. 4.3.5 Intensity Sanitary Landfill (NAICS 562212) S* 4.3.5 Warehousing, Storage, & Wholesale Sales and Distribution Dry Stack Boat Storage Facility, P P P P P Stand -Alone Page 24148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 87 2020 -11 Board of Commissioners Draft -Uses and Standards F Table 4.2.1 Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Zoning District Large Collection S S S* S* S P. S* P* S* S P. P* P* P* 4.3.5 Commercial Recycling Facility, i 5 S S* P* P* 4.3.5 —Processing Commercial Recycling Facility, Motor Freight Transportation S S Processing and Collection Warehousing S S S P* P* 4.3.5 Recreational Vehicle and Boat ............�. S S ®. Commercial Recycling Facility, ® ®.mmm�® Trailer Storage Lot Small Collection S S S* S* S* S* S S S S S P* P* P* P* P* S* P* P* P* P* P* 4.3.5 Landfill, Demolition P* P* P* P* P* P* Wholesaling P* P* P* P* P* P* P* P* 4.3.5 Landfill, Landscape P* P* P* P* P* P* Wholesaling Seafood with ............�.�.p... P* P* P* P* P* P* P* P* 4.3.5 Junk Yards, Scrap Processing ©..- Water Frontage P* 4.3.5 Septage, Sludge Disposal Waste & Salvage Commercial Recycling Facility, Large Collection S S S* S* S P. S* P* S* S P. P* P* P* 4.3.5 Commercial Recycling Facility, i 5 S S* P* P* 4.3.5 —Processing Commercial Recycling Facility, S S Processing and Collection S S S P* P* 4.3.5 S S Commercial Recycling Facility, Small Collection S S S* S* S* S* S S S S S P* P* P* P* P* S* P* P* P* P* P* 4.3.5 Landfill, Demolition P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.5 Landfill, Landscape P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.5 Junk Yards, Scrap Processing P* 4.3.5 Septage, Sludge Disposal S* 4.3.5 Page 25148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 88 2020 -11 Board of Commissioners Draft -Uses and Standards Section 4.3 Standards for Specified Principal Uses 4.3.1 Agricultural Uses A. All Agricultural Uses 1. Stable Stables in the AR, R -20S, R -20, and R -15 districts shall comply with the following standards: a. No stable shall be erected closer than 100 feet to any property line. b. A buffer in compliance with Section 5.4 Landscaping and Buffering, shall be required along property lines adjacent to residential uses. 4.3.2. Residential Uses A. Household Living Currently applicable, but 7. Dwelling, Two - Family (Duplex) added for clarification Two - family dwellings in the B -2 district shall comply with the standards for multi- family. Formatted: Body Text 4, Justified, Indent: Left: 0.75^ dwellings, Formatted: Font: Italic, Font color: Dark Red 11. Mobile Home Park c. Buffering The mekilo herRe park shall Moaf fhe . e.,fs Of Se..fie.. G A I andsGapiR .,d BLIffe.iRg pt that Re deGFease iR the r red 75 feet sefha Gk shall he allewed if a buffer w'dfh i ORGreased. B. Group Living 3. Group Home Group homes shall comply with the following standards: a. Group homes shall be limited to six disabled persons living together as a self - supporting and self- sufficient household unit. b. No group home shall be occupied or operated without zoning approval. c. Group homes that are exempt from licensure pursuant to NCGS §122C -22 must recertify their exemption status annually; and d. Group homes for special needs persons must recertify qualification of all residents as special needs persons annually. f. Group homes shall not be located closer than 2,000 feet to any other existing group home, measured by a straight line from the nearest property lines, irrespective of jurisdictional boundaries. The distance shall be reduced by the right -of -way of a 26148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 89 2020 -11 Board of Commissioners Draft -Uses and Standards major thoroughfare exceeding 100 feet, major topographical features such as a major watercourse, or by major nonresidential or public uses such as a park, school, or religious institution. g. Reasonable accommodations shall be provided in accordance with Section 10.3.13, Reasonable Accommodation. 4. Senior Living: Assisted Living Facility Developments in this category that are not part of a continuing care retirement community shall comply with the following standards: a. The minimum lot size is five acres. nle gee on the largest shift The MiRiMLIM .along r real is 4.25 SpaGes r li..inn Unit PISS n nl. yee nn the largest shift. d. Except as otherwise required by subsection c above, the height of buildings may be increased to no more than 50 feet when setbacks are increased to equal the proposed height of the building. e. The site must be served by public water and sewer. f. Maximum impervious area shall not exceed 50 percent of the net acreage. In areas where coastal stormwater rules apply, those limits will supersede this provision. g. Open space and improved recreation space shall be provided at a rate of 20 percent of net acreage. Vegetative buffers of not less than 20 feet are required for all proposals. h. Traffic impaGtS and read nnfo Must be reviewed and a nor! by the TFafrin i aGts n.d r Fed ad undo rn .c+ he reviewed and appFeved by the MPQ and INIGIDOT. Frontage on an arterial or collector roadway is required. i. All other local state or federal permits or authorizations are required. 5. Senior Living: Continuing Care Retirement Community a. Standards in All Zoning Districts Continuing care retirement communities in all zoning districts shall comply with the following standards: 1. The minimum lot size is 20 acres. 3. Maximum impervious area for the total development may not exceed 40 percent of the net acreage. In areas where coastal stormwater rules apply, those limits will supersede this provision. 27148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 90 2020 -11 Board of Commissioners Draft -Uses and Standards 4. Commercial uses in the nature of small, neighborhood shops, each not exceeding 5,000 square feet of gross floor area may occupy up to 2 percent of the net acreage. 5. Maximum height may not exceed 35 feet for single family structures designated for seniors or for any building within 50 feet of single family residential lots or parcels. 6. Except as noted in subsection 5 above, maximum height may be increased to no more than 50 feet when setbacks are increased to equal the proposed height of the building. 7. Public water and sewer must serve the site. 8. Open space and improved recreational area shall be provided at a rate of 35 percent of net acreage. Improved recreation space shall be appropriate for seniors at all stages of lifestyle transition, such as ADA accessible walkways, gardens, and parks. 9. Vegetative buffers of not less than 20 feet are required for all proposals. 10. Trafn.. impaGts ..d Fed ad irnpFeverneRtG USt be reviewed .,d r,tS m st be r red Rd a ed by the MPQ and AIr'`DOT Frontage on an arterial or collector street is required unless located in a Planned Development and meeting the requirements outlined below. 11. All other local state or federal permits or authorizations are required. b. Standards in Planned Development (PD) District See Section 3.3.7.E.7: Continuing Care Retirement Facility Standards in Planned Development districts. 4.3.3 Civic & Institutional Uses B. Civic 1. Animal Shelter Animal Shelters in R -15, R -20S, and R -20 Districts shall comply with the following standards: a. Minimum lot size shall comply with Table a: Animal Shelter Minimum Lot Size, based on the number of animals kept at the shelter. Table 4.3.3.13.1.a: Number of Animals Animal Shelter Minimum Lot Size Minimum Lot Size 1 -10 2 acres 11 -20 4 acres 21 -30 6 acres For each additional acre beyond six acres, an additional ten animals may be permitted. The minimum lot size requirements may be waived if the shelter is constructed to entirely enclosed all facilities so as to adequately protect all animals 28148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 91 2020 -11 Board of Commissioners Draft -Uses and Standards from weather extremes and to protect adjacent residences from noise, odors, and other objectionable characteristics, provided all building setback requirements are met. b. All lots on which a shelter is located must have direct access onto a street that meets the minimum requirements for acceptance and maintenance by the NC Department of Transportation. c. All structures shall have side and rear setbacks of 50 feet. d. All county requirements regarding sewage disposal systems and sanitation control methods shall be met. e. No outside sign in excess of 2.25 square feet in area shall be permitted. 2. Food Pantry Any areas utilized for waiting or dining shall be incidental in nature and entirely located indoors. 3. Lodges, Fraternal, and Social Organizations Lodges, Fraternal, and Social Organizations in all residential districts exGept R 20S ^^S shall comply with the following standards: a. All new sites shall be a minimum of two acres in size. b. Structures shall have side and rear setbacks of 50 feet and a front yard of at least 25 feet greater than that required for single family residences within the district located. c. Provisions for food, refreshments, and entertainment for club members and their guests may be allowed in conjunction with such use if the Board of County Commissioners determines that said provisions will not constitute a nuisance. 4. Religious Assembly a. Religious Assemblies in the R -7, R -5 and RMF districts shall comply with the following standards: 1. Religious institutions up to 1,000 or fewer seats are allowed as long as: i. Structures are limited to a sanctuary or similar main gathering facility that may also include individual rooms for administration, dining halls, and classrooms. Accessory structures for maintenance and storage purposes are permitted. ii. Signs shall not be internally illuminated. 2. The following uses are prohibited without a special use permit: i. Outdoor recreational facilities, except those associated with child care provided as part of the principal use. Such facilities shall be restricted to "tot lots" or similar play areas. ii. Schools associated with the institution. iii. Indoor recreation facilities such as basketball courts or similar facilities. iv. Religious institutions with more than 1,000 seats, provided that such facilities shall only be allowed if direct access is provided from a sellester street or moner eF major thereughfare is prey Geflector street - . - Page 29148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 92 2020 -11 Board of Commissioners Draft -Uses and Standards NfiiarC bcbrtoadcrgreat erasiratbdcn#7eMW#*nAlPO Functional Classification Map. 3. Primary vehicular access to the use shall not be provided by way of a local residential street. 4. Vyhen A r81,gi96 s iRstit ass -,+es d ` UPIGI RgS, GUtd o.r ro oatie . faGi1itie6 or Gff street parking areas abut a single famdy residential distriGt A n buffer shall beprovided along the side and rear ards faGilities or Gff street parking aFeas abut a single family residential distFiGt 0 a buffer shall beprovided along the silo and rear yards. 1. Religious institutions are permitted with no seat limitations if located on a ieeal stmpt there ghfare lasal s +roof E)r + zA nor Collector road or greater as identified on the Wilmington MPO Functional Classification Map. 2. Primary vehicular access to the use shall not be provided by way of a local residential street. 3. When a religious institution any aSSE)Giated buildings, autdoer reGreatiGnal a buffer shall ben yipde d along the side anpd rear awls VVhon a eligieus n St't i+ian anrd aRY ate d b iildiRgS r.i td E)eF r atk)Ral facilities Off street paFkiRg aFeas abut a SiRgI8 family MSOGI84al diStFiGt eF use, a buffer shall ben vide d along the side anal Fear ands Relocated to Ithcare Facilities Minimum Off - street Parking Urgent Care Facility Table 5.1.5A Urgent Care Facilities seeking approval of a heliport as an accessory use must obtain a Special Use Permit. G. Recreation, Parks, and Open Space 1. Boating Facility, Community Community boating facilities shall comply with the following standards: a. The rights to use such facility must be conferred by an easement appurtenant to the residential lot it is intended to serve. b. The applicant shall demonstrate that the project will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. G. Off street narking will ben vide d of a rafie of a spaGe r heat clan d. Off stFeef paFkiRg Will be ppoyi.ded of a rafie of a e spaGe beat slip e-. d. The number of boat slips may not exceed the number of residential lots or dwelling units within the associated development. 30 148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 93 2020 -11 Board of Commissioners Draft -Uses and Standards Vie. Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies and food stuffs, shall be strictly prohibited. H. Transportation 1. Marina, Commercial Commercial marinas shall comply with the following standards: a. Commercial Marinas in Residential Districts and B -1 Districts shall comply with the following standards: b. A Fnanamurn of ene eff street parking spaGe per beat slap and one spaGe peF 4 dry ste Faae faeilities shall her Fed G. A buffer i GOMpliaRGe with Sestien G G I anrlseanine nr1 Buffe Fine shall he reqUiFed alenn all n eFty lines abUttin si.dential n erta A M of e eff s +Fee+ parking spaGe r heat slip and e space r A .d Fy steraae fasilitie shall her real d. A buffer O r iR GOmplianGe with SeE 5.: LandsGapiRg Rd Buffe Fir,a shall Peal aleRg all n e4y lines ab Uttina r si.deRtial n el4y e-. d. Night lighting by design and construction shall be contained on the site. Vie. A site plan shall be submitted for review and approval. 9-.f. The applicant shall demonstrate that the siting of the facility will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. tag. Any accessory dry stack boat storage facility must be clearly identified on the approved site plan, be described in the findings of fact, and meet all accessory use - specific standards outlined in Section 4.3.5: Standards for Specified Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 94 Accessory Uses. Additional buffers will her re,d +e mitigate neise, light and dust irn acts GR SUFFGURding properties. 2. Marina, Commercial with Floating Structures Commercial marinas with floating structures in the R 29S, R 29, R 15, , 6 1 , and 1 2 distrie +S 1n the R Inc R 20 R 15, d B, n o 1 d 1 2 dis+FiGtG shall comply with the following standards: a. Floating structures shall not be located within 15 feet of the waterward extension of all property lines. Relocated to b. Not more than one dwelling unit per floating structure shall be permitted. Minimum Off- c. A permanent pier, dock, or walkway with adequate night lighting shall join each street Parking floating structure and the adjacent shoreline. Table 5.1.5A d. Each floating structure shall be inspected and approved by the Building Safety Department prior to placement in the marina. This approval shall be dependent Covered in upon, but not limited to, approval of the electrical system and the method of Landscaping exiting. and Buffering e. Each floating structure shall be provided with permanent water and sewer amendment systems approved by the New Hanover County Health Department. All of Section 5.4 wastewater piping from the unit shall be constructed to the NC State Plumbing 31148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 94 2020 -11 Board of Commissioners Draft -Uses and Standards Code. No overboard discharge openings through the hull or structure shall be permitted except for one dewatering pipe which may not be connected to wastewater piping. f. A system for collection and removal of solid wastes and refuse shall be approved by the New Hanover County Health Department. g. A minimum of two off street parking spaGes per floating StFUGtUre shall be previded OR shore. i h. A minimum of 2,000 square feet of gross land area contiguous and above mean high water shall be provided for each floating structure on- shore. Vii. A site plan shall be submitted for approval showing all improvements as required by this ordinance. k-j. Any floating structure existing prior to the original adoption of these use standards on April 2, 1984 was required to conform within one year of that date. i.-k. The applicant shall demonstrate that the siting of the facility will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. 4.3.4 Commercial Uses Updated and iusement and Entertainment Uses relocated to Electronic Gaming Operation Minimum Off - street Parking Electronic gaming operations shall comply with the following standards: Table 5.1.5A a. Hours of operation shall be limited to 8:00 am through 12:00 midnight, seven days per week. b. Alcohol sales or consumption shall be prohibited. c. The maximum number of machines /terminals /computers for any electronic gaming operation business is ten. d. All food or beverage to be served or distributed by the establishment must meet the requirements of the New Hanover County Environmental Health Department, including any and all permits and licenses. e. Fire Services shall set an occupancy limit for the establishment prior to submission of an application. f. Maximum daily cash payout shall not exceed $600. Winning which exceed this amount shall be paid out in the form of a check or credit. All establishments engaged in internet and sweepstakes operations must comply with all reporting requirements regulated by the Internal Revenue Service. 32 148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 95 2020 -11 Board of Commissioners Draft -Uses and Standards g. Any building and /or zoning permits issued for electronic gaming and sweepstakes operations shall be subject to annual review (from the date of approval) to ensure compliance with all relevant regulations and conditions. Vii. Electronic gaming operations shall be located a minimum distance of 500 feet, measured in a straight line in any direction from closest point of the building and parking lot of the proposed business to the property line of any of the following: i. A residence or a residential zoning district ii. A place of worship or other religious institution iii. A day care center or public or private school iv. A public park, playground, or public library V. Another electronic gaming operation vi. An adult entertainment establishment k-J. Applicants shall submit a current straight line drawing prepared within 30 days prior to the application by a registered surveyor, depicting the property lines and the Relocated to structures containing any of the above uses and the straight line measurements to Minimum off- each. A use outlined under subsection i-h above, shall be considered to be existing street Parking or established if it is in place or actively under construction at the time an Table 5.1.5A application is submitted. Residential zoning districts shall be based upon the most current official zoning map. 1-.k. All legally operating gaming operations made nonconforming by adoption of this section shall be removed or brought into compliance with these provisions within 60 months of the date of adoption of this section. 3. Event Center Event Centers in the B -1 and CB Districts shall be limited to indoor operations only, except that outdoor operations may be allowed in these districts if approved by a Special Use Permit. 4. Indoor Recreation Establishment Indoor recreation establishments in residential districts and in the 0&1 District shall comply with the following standards: neise geneFated on the site shall be provided. rated e.. the site -;hall be p yiddedJ Eb. All buildings shall be set back from the right -of -way at least 50 feet and 100 feet if the site is in the Special Highway Overlay District. 33 148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 96 2020 -11 Board of Commissioners Draft -Uses and Standards 4, c. Signage shall be limited to one ground sign not to exceed 32 square feet and shall be set back from the right -of -way at least 25 feet. e, d, Access to the site shall be to provided by a Minor Collector road or greater, as designated on the Wilmington MPO Functional Classification Map. .e As part of Speeial Use Permit other eenditions deemed by the Commissioners neGessary tG premete the health, safety, and welfare ef the Gemmunity may be added. Outdoor recreation establishments in residential districts and the 0&1 District shall comply with the following standards: a. BuffeFs adequate te GGreen adjoining Fesidential uses frem the effeGtS of light and Reise rated OR the site shall he provided. b. Buffers adequate to SGreen adjoining residential Lises frern the effeGtS of ligh Reise rated eR the site shall bee yi deal d, c. Signage shall be limited to one ground sign not to exceed 32 square feet and shall be set back from the right -of -way at least 25 feet. 9-. d. Access to the site shall be to a US or NC numbered road or to a collector provided by a Minor Collector road or greater, as designated on the Wilmington MPO Functional Classification Map. ny fen t mete fhe health, cafe+.. anal welfare of the r n'ty may he added. B. Animal Services 1. Animal Grooming Service Animal Grooming Services within the B -1, CB, and 0&1 Districts shall not include outdoor runs or play areas. 2. Equestrian Facility Equestrian facilities in the AR, R -20S, R -20, and R -15 districts shall comply with the following standards: a. No stable shall be erected closer than 100 feet to any property line. 34 148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 97 2020 -11 Board of Commissioners Draft -Uses and Standards b. A buffer 'A GGFRpi'aRG8 with 98Gtipp ti 4 Lev Rd l3UffGF'Rg shall he required along property lip adja ent fn resident'-al 6. A lauffer in GE)FRPIiaRGe .pith Cpnfipp 5.4. Lan&GapiRg and Buff8FiRg shall he required aleRg property lip adja ont to residential Kennels in the R -15, R -20S, and R -20 districts shall comply with the following standards: a. Minimum lot size shall comply with Table a: Minimum Lot Size for Kennel, based on the number of animals kept on site. For each additional acre beyond six acres, an additional ten animals may be permitted. The minimum lot size requirements may be waived if the shelter is constructed to entirely enclosed all facilities so as to adequately protect all animals from weather extremes and to protect adjacent residences from noise, odors, and other objectionable characteristics, provided all building setback requirements are met. Table 4.3.4.13.1a: Minimum Number of Animals Lot Size for Kennel Minimum Lot Size 1 -10 2 acres 11 -20 4 acres 21 -30 6 acres b. All lots on which a shelter is located must have direct access onto a street that meets the minimum requirements for acceptance and maintenance by the NC Department of Transportation. c. All structures shall have side and rear setbacks of 50 feet. d. All county requirements regarding sewage disposal systems and sanitation control methods shall be met. e. No outside sign in excess of 2.25 square feet in area shall be permitted. E. Lodging 1. Bed and Breakfast Inn Bed and breakfast inns in the RA, AR, R -20S, R -20, and R -15 districts shall comply with the following standards: employee shall be r red pleyee shall be r rpr! Eb.No lighting beyond normal residential lighting is allowed. Vic. The only signage allowed shall be one attached wall sign no greater than four Relocated to square feet. Minimum Off- ail Sales street Parking onvenience Store Table 5.1.SA 35 148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 98 2020 -11 Board of Commissioners Draft -Uses and Standards Convenience stores in the RA, AR, R -15, R -10, and R -7 Districts shall comply with the following standards: a. The total amount of land devoted to such use shall not exceed one acre. b. The gross square footage of the structure shall not exceed 3,000 square feet. c. The use shall be limited to providing convenience food sales and gasoline sales to the surrounding residential area, provided that vehicular service such as, but not limited to, auto repair, sale of auto accessories, washing, etc. shall not be permitted. d. A convenience food store shall not be permitted within the interior of a subdivision. e. Specifications for a proposed principal use sign shall be submitted with the application for the Special Use Permit. eadinn fer retail g. Off street PaFkiRg shall meet the requirerneRtS A-1-1flinPA in S_R_Gti9R 5.1 PaFkiRg—M4 eadine for retail u , 1 k.g. Fuel sales may be approved provided such sales shall be limited to one Relocated to pump island located a minimum distance of 30 feet from any street right -of -way Minimum Off- and 40 feet from any side or rear lot line. Overhead canopies shall be measured street Parking in accordance with Section 4.3.4.1.2.b. Table 5.1.SA licle & Equipment Sales & Service 1. Car Wash Car washes in the CB District shall comply with the following standards: a. No outdoor work shall be performed except in areas designated for such activity on an approved site plan. . nlese n mitt' ter siidnntial n retail n al 8 Additional la, #'er'n and SGreening . her rent where c nh usp is Innaterl in Giese n m'ty teresidential a retail n al i Ig d -c.The premises shall not be used for the sale of vehicles. 2. Fuel Sales Fuel sales in all districts where allowed shall comply with the following standards: . nlese proximity to residential or retail n al nlese proximity ter sidential o retail n al Eb.The premises shall not be used for the sale of vehicles. d- c.Fuel pump canopies shall meet the setbacks of the underlying zoning district, as measured from the outer edge of any supportive structure physically connected to a fuel pump and the ground along a straight line to the nearest point of the property line. 36148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 99 2020 -11 Board of Commissioners Draft -Uses and Standards e-d. Setback distances from street rights -of -way may be reduced by one -half. Vie. Fuel sales in the R -15 District shall comply with the following standards: g-. f. Fuel sales may be allowed in conjunction with a convenience store use Special Use Permit. h-g. Such sales shall be limited to one pump island located a minimum distance of 30 feet from any street right -of -way and 40 feet from any side or rear lot line. 4. Vehicle Service Station, Minor Minor vehicle service stations in the B -1 and CB Districts shall comply with the following standards: a. No automobile towing operations are allowed. b. All repair work or lubrication shall be conducted within the principal building. All permanent storage of materials, merchandise, or repair and servicing equipment shall be contained within the principal building. c. No operator shall permit the storage of motor vehicles for a period in excess of 24 hours unless the vehicles are enclosed in the principal building. d. Service or customer vehicles shall be parked on the premises in a manner that will not create traffic hazards or interfere with the vehicular maneuvering area necessary to enter or exit the site. e. The premises shall not be used for the sale of vehicles. f. No outdoor work shall be performed except in areas designated for such activity on an approved site plan. g. Outdoor work areas shall be fenced, walled, or screened to minimize on -site and off -site noise, glare, odor, or other impacts. nlnoe n m'ty to r 1sident'al -or retail n ial uses.Additional buffering and ..in - be,_required where nh is located OR nlese IpFeximity tG use cident'al or retail n al user- 4.3.5 Industrial Uses B. Industry & Manufacturing 1. Artisan Manufacturing Artisan manufacturing in the B -1 and CB Districts shall comply with the following standards: a. One or more accessory uses, such as tasting reern, tap Foern, Leona, tan Feom,a restaurant, retail, demonstration area, education and training facility or other incidental use open and accessible to the public shall be included. b. Required parking shall be GaIGUlated based on the square feetage propesed fer each Page 37148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 100 2020 -11 Board of Commissioners Draft -Uses and Standards e-. d. Off -site distribution via tractor trailer is only permitted if the truck traffic is limited to streets classified as arterials on the Wilmington MPO Functional Classification Map. D. Warehousing, Storage, & Wholesale Sales and Distribution 1. Recreational Vehicle and Boat Trailer Storage Lot Recreational vehicle and boat trailer storage lots shall comply with the following standards: a. The use shall be solely open -air and ground level. No enclosing or overhead covering structures shall be installed. b. Access shall be from a public or private street right -or -way. Covered by c. A minimum buffer of 20 feet shall be provided in accordance with the provisions Exterior Lighting of Section 5.5: Landscaping and Buffering. amendment of d. All site lighting shall be 4ocated so as not te shine or reflesi d;'res Nye any Section 5.5 a, ".or,+ r side tial , „ .d'str;Gts and/„r uses. e All site lighti Rg shall be leeated so as r.4 tG Shine a rrf!e Gt .d'reGtly ante a he. Repair, maintenance, or habitation of any recreational vehicle or boat stored in the facility is prohibited. 2. Warehousing Storage of live animals, explosives, and flammable gases or liquids is prohibited in warehousing in the B -2 and CS Districts. 3. Wholesaling Wholesaling shall comply with the following standards: a. Wholesaling of live animals, explosives, and flammable gases or liquids is prohibited in the B -2 and CS Districts. b. No outside storage is allowed in the PD, B -2, and AC Districts. E. Waste & Salvage 1. Commercial Recycling Facility, Large Collection Large collection commercial recycling facilities shall comply with the following standards: a. The facility may be larger than 500 square feet and on a separate property or tract of land. b. Facilities permitted by special use permit shall be limited to receiving only paper, glass, metal, and plastic recyclable products. c. The site must be monitored daily to maintain sanitary conditions. d. The facility and its appurtenant uses shall not be located closer than 100 feet to any residentially -zoned property. e. Anll Ila.J.,.JsE gchallarn� l 138 'R cry aGGeFda'RG8 • ith Sl�, eGt'eR 5.4, LaidsGap'Rg --and BU#eFiRg• 38148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 101 2020 -11 Board of Commissioners Draft -Uses and Standards i. All loading and outside storage shall be to the side and /or rear of the building. ii. Storage or loading conducted on the side of the building shall be screened from view from the adjacent right -of -way. iii. All exterior storage shall be in containers or under shelters that are covered and secured. iv. No outside storage shall be visible from residentially -zoned property. tag. The facility may not operate between the hours of 7:00 PM and 7:00 AM when adjacent to residentially -zoned property. h. A site plan 'llustratang the above shall be submitted before an GGGLIpanGy permit e.+ by the Build'Rg Safety Depa FtMeRt j. A site plan WustFating the above shall be submitted before an GGGUpanGY permit .,d by the Build'., Safety DepaFtmeRt Processing commercial recycling facilities shall comply with the following standards: a. The facility and its appurtenant uses shall not be located closer than 150 feet to any residentially -zoned properties. Se+h�L Runs .,a d Imo.,," + TequFGFReRtS Gf Ce.. +'n 5.4 G. The fo. 'I' +y oho.. ... ee+ the o .,I'nohle oe +ho. -L r o.,+o .�f Co.- +'.,., _ 4 4 r` Se +hmaGk PcequipemeRtS, .,.laa— im-GISGapRg FegUFGMeRtS of Se6+45 A I andSGap'Rg aR d E3Hfferie., e-. d. Loading and outside storage shall comply with the following standards: i. All loading and exterior storage shall be to the side or rear of the building. ii. Storage or loading conducted to the side of the building shall be screened from view from the adjacent right -of -way. iii. All exterior storage shall be in containers or under shelters that are covered and secured. iv. No outside storage shall be visible from residentially -zoned properties. Vie. The facility shall not emit dust, smoke fumes, or vibrations detectable on adjacent properties. n f A site plaR 'II JStFat'Rg the above shall he submitted before o * s issued by the Build'Rq Safety DepaFtMBRt.A site plaR illustratiRg the abeve shall be sulamotted before permit e.+ by the Buii.diRg Wet!' ne.,T. 3. Commercial Recycling Facility, Processing and Collection Commercial Recycling Facilities, Processing and Collection shall meet the standards of Commercial Recycling Facility, Processing and either Commercial Recycling Facility, Large Collection or Commercial Recycling Facility, Small Collection, whichever collection use is applicable. In the event where there is a conflict in Page 39148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 102 2020 -11 Board of Commissioners Draft -Uses and Standards standards between the Processing use and applicable Collection use, the most stringent standards shall apply. 4. Commercial Recycling Facility, Small Collection Small collection commercial recycling facilities shall comply with the following standards: a. The facility may not exceed 500 square feet in size. b. Facilities shall be limited to receiving only paper, glass, metal, and plastic recyclable products. c. The facility must be located on a host tract, provided is does not occupy parking spaces needed by the primary use to comply with the requirements of Section 5.1, Parking and Loading. d. The facility must be set back at least 10 feet from any street right -of -way and vide s +ree +..arid plantings in aGGOrdanGe with Sen+i..n G A I an.dspapinn and Buffering. and provide streetyard plantings in accordance with Section 5.4 e. The facility shall be located at least 100 feet from any residentially zoned property line. f The fad lity shall he buffered from adjasen+ si.den+ial lots or dis +rip +s aGG9FdaRGe With Sep+ien G A I an.dsGapip Rd B Wfreripn g The fad lity shall be buffered frem adjapep+ si.+en+ial lets eF .dis +ris +s pr.dappe with Cep +ipn 5.4 I and-spapiRg anal B A8 pg i.A Containers shall be constructed of durable, waterproof, and rustproof materials. }i. No material storage outside the container is allowed. k j. No signage other than an identification logo not exceeding ten square feet attached to the storage container is allowed. I k At least one ark'n spaGe shall he designated fn. a++en.dan +s m. At least epe parkin spaGe shall he .des'epa+e.d for a++e Rdan +s e-m. The site must be monitored daily to maintain sanitary conditions. p.n. The facility shall not reduce the landscaping required for any concurrent use. q. e. A site plan illustrating the above shall be submitted before an OGGUpanGy pe issued by the Building Safety Depa*Ren+ r. A site plan illustrating the above shall be submitted before an GGGLIpanGy pe issued by the BwildiRg Safety Depar tment Demolition landfills shall comply with the following standards: a. A site plan for the proposed demolition landfill meeting the requirements outlined in Section 10.3.6, Site Plan, shall be submitted to the NHC Environmental Health and Planning and Land Use departments for review and approval in accordance with NC Solid Waste Management Rules. b. No demolition landfill shall be located within 500 feet of any residence, church, school, and /or place of assembly nor within 100 feet from any stream, creek, canal, marsh, estuarine waters, lake, river, and /or impoundment. 40 148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 103 2020 -11 Board of Commissioners Draft -Uses and Standards c. The filling of lower lying areas with demolition materials may be subject to Army Corps of Engineers 404 permits and the Division of Coastal Management's major CAMA permit. d. All demolition landfills shall have access from a platted and recorded road and each site shall be accessed only through an arterial or collector street. e. A buffer shall be required which shall consist of a minimum of 3 rows of vegetation in accordance with Section 5.4 Landscaping and Buffering, or earthen berms with Covered by screening plants of sufficient height to screen the landfill area from view. Tree Retention f. Protested trees are nat required to be retained within the the disposalarea. amendment of Protected trees are Rot required to be retained within the disposal g. Section 5.3 h-g. The developer /owner shall be responsible for obtaining a Sedimentation and Erosion Permit. Reference is no longer valid. Compliance with all applicable state laws is required, beyond UDO �.h. Demolition landfills shall not exceed 30 feet in height with side slopes not to exceed a 3 horizontal:1 vertical ratio. ti. One temporary sign not exceeded 32 square feet in area shall be erected on the site during the period that landfilling activity is permitted. The sign is to include the owner /operator's name and telephone number and the hours of operation. Upon cessation of the landfill, the sign shall be dismantled and removed with the exception of the landfill closure notification sign which shall be removed six months after closure. I-j. After obtaining all necessary permits, the owner /developer shall have prepared a legal description that would be sufficient as an instrument of conveyance of the property. This description, along with a site map and a certified copy of applicable permits shall be filed for recordation with the Register of Deeds. The documents shall be filed under the name of the owner and shall specifically state that the site was granted a permit for disposal of demolition debris. After these documents have been properly recorded, a certified copy shall be filed with the Planning & Land Use Department. Lk. The developer /owner of the disposal site shall provide free and unobstructed access during normal operation hours to county officials charged with the administration of this ordinance. be 6 ubjeGt to then .alties n rihed On Se- G-tieR 0700 of 10 niGnQ 10 G be subjeGt to the penalties pFeSGFibed OR SeGtiGR .07-00 ef 40 NGAG 10 G. e-.m.All existing landfills that do not have a valid permit shall comply with these regulations immediately. 6. Landfill, Landscape Landscape landfills shall comply with the following standards: a. A site plan for the proposed landscape landfill meeting the requirements outlined in Section 10.3.6, Site Plan, shall be submitted to the NHC Environmental Health and Planning and Land Use departments for review and approval in accordance with NC Solid Waste Management Rules. 41148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 104 2020 -11 Board of Commissioners Draft -Uses and Standards Reference is no longer valid. Compliance with all applicable state laws is required, beyond UDO b. No landscape landfill shall be located within 500 feet of any residence, church, school, and /or place of assembly nor within 100 feet from any stream, creek, canal, marsh, estuarine waters, lake, river, and /or impoundment. c. The filling of lower lying areas with landscape materials may be subject to Army Corps of Engineers 404 permits and the Division of Coastal Management's major CAMA permit. d. The developer /owner of the disposal site shall provide free and unobstructed access during normal operation hours to county officials charged with the administration of this ordinance. The disposal of naturally occurring materials such as stumps, limbs, leaves, Covered by Tree and dirt, that are generated on -site during the construction of residential projects Retention are permitted with no further standards provided the material does not exceed a amendment of 0.5 -acre footprint. Section 5.3 All other landscape landfills must comply with the following standards: i. The landfill shall have access from a platted and recorded road and each site shall be accessed only through an arterial or collector street. ii. A buffer shall be required which shall consist of a minimum of 3 rows of vegetation in accordance with Section 5.4 Landscaping and Buffering, or earthen berms with screening plants of sufficient height to screen the landfill area from view. Dredeete.d trees a ed r real to be retaiRe.d Withie the .disposal o V. Protected trees are not required te be retained within the disposal area. Div. The developer /owner shall be responsible for obtaining a Sedimentation and Erosion Permit. vi-. v. Landscape landfills shall not exceed 30 feet in height with side slopes not to exceed a 3 horizontal:1 vertical ratio. v-�vi. One temporary sign not exceeded 32 square feet in area shall be erected on the site during the period that landfilling activity is permitted. The sign is to include the owner /operator's name and telephone number and the hours of operation. Upon cessation of the landfill, the sign shall be dismantled and removed with the exception of the landfill closure notification sign which shall be removed 6 months after closure. viii-. vii. After obtaining all necessary permits, the owner /developer shall have prepared a legal description that would be sufficient as an instrument of conveyance of the property. This description, along with a site map and a certified copy of applicable permits shall be filed for recordation with the Register of Deeds. The documents shall be filed under the name of the owner and shall specifically state that the site was granted a permit for disposal of demolition debris. After these documents have been properly 42 148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 105 2020 -11 Board of Commissioners Draft -Uses and Standards recorded, a certified copy shall be filed with the Planning & Land Use Department. 43 148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 106 2020 -11 Board of Commissioners Draft -Uses and Standards Section 4.4 Accessory Use and Structure Standards 4.4.4 Standards for Specified Accessory Uses and Structures E. Electronic Gaming Operation Electronic gaming operations shall comply with the following standards: a. The principal commercial operation must be permitted as a use by right. b. The operation shall be located within the same structure or unit as the principal use. c. The maximum number of machines /terminals /computers allowed per business units is two devices. d. For situations in which there are multi -unit or multi- tenant commercial buildings and more than one unit wishes to include gaming operations, a special use permit meeting the standards of Section 4.3, Standards for Specified Principal Uses, is required. In no case can the cumulative total number of machines for a business center, multi -unit or multi- tenant building exceed ten. Page 44148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 107 Table 4.4.3: Table Permitted Accessory Uses . Right S Special Use Permit Required blank Zoning Districts Ln J cc G cxc C x Ca LA U tV O tUif U Q Accessory Dwelling Unit P P P P P P Accessory Structure P P P P P P P P P P P P P P P P P P P P P P P Accessory Use, P P P P P P P P P P P P P P P P P P P P P P P Customary Dry Stack Boat Storage S S S S P P P P P P Facility, at a Marina Electronic Gaming P P P P Operation Electric Vehicle Charging P P P P P P P P P P P P P P P P P P P P P P P Station Farm Stand P P P P P P P P P Home Occupation P P P P P P P P P P P P P P P P P P P P P P P Residential Private Pier P P P P P P P P P P P P P Solar Energy Collection P P P P P P P P P P P P P P P P P P P P P P P Facility, Accessory Stormwater Facilities on P P P P P P P P P P P P P P P P P P P P P P P Contiguous Properties Wind Energy Collection P P P P P P P P P P P P P P P rp P P P P P P P Facility, Accessory 4.4.4 Standards for Specified Accessory Uses and Structures E. Electronic Gaming Operation Electronic gaming operations shall comply with the following standards: a. The principal commercial operation must be permitted as a use by right. b. The operation shall be located within the same structure or unit as the principal use. c. The maximum number of machines /terminals /computers allowed per business units is two devices. d. For situations in which there are multi -unit or multi- tenant commercial buildings and more than one unit wishes to include gaming operations, a special use permit meeting the standards of Section 4.3, Standards for Specified Principal Uses, is required. In no case can the cumulative total number of machines for a business center, multi -unit or multi- tenant building exceed ten. Page 44148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 107 2020 -11 Board of Commissioners Draft -Uses and Standards e. Off - street parking shall include one additional space per machine over and above the normal parking standards for the uses 4sesprincipal use in accordance with Section 5.1 Parking and Loading, and all parking must comply with all other provisions of Section 5.1 Parking and Loading. H. Solar Energy Collection Facility, Accessory Accessory Solar Energy Collection Facilities shall comply with the following standards: a. Roof - mounted solar energy collection facilities shall not extend beyond the exterior perimeter or beyond the roof peak of the building on which the collection facility is mounted or built. b. Ground - mounted solar energy collection facilities shall meet the minimum requirements for accessory structures. J. Wind Energy Collection Facility, Accessory Accessory Wind Energy Collection Facilities shall comply with the following standards: a. No equipment shall exceed the maximum height permitted in the zoning district. b. All equipment, including foundation, turbines, and guy wires, shall meet the minimum required setbacks for the principal structure, and no ground- mounted wind energy collection facility shall be allowed within any portion of a front yard. c. In the case of ground- mounted wind energy collection facilities, such facilities shall be set back from all adjoining property lines a distance equal to the height of the facility. d. An applicant shall provide proof of an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over speeding, or excessive pressure on the wind energy collection facility, including rotor blades and turbine components. e. The operator of a wind energy collection facility shall maintain general liability insurance coverage for the installation and operation of the facility under a standard homeowner's or standard business owner's insurance policy, separate and distinct from any insurance requirements of a public utility. Page 45148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 108 2020 -11 Board of Commissioners Draft -Uses and Standards 46 148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 109 2020 -11 Board of Commissioners Draft -Uses and Standards Section 4.5 Temporary Use Standards 4.5.4 Standards for Specified Temporary Uses C. Debris Site Debris Sites shall comply with the following standards: a. No debris maybe located so as to encroach into, or wholly or partially obstruct, any street, right -of -way, driveway, building, sidewalk, multi -use path, fire lane, fire hydrant, or other public infrastructure or utility easement. e.b. Debris sites are limited to no more than 30 total consecutive calendar days at any one time, unless granted an extension by the Planning Director. Page 47148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 110 Temporary Table 4.5.3: Key: P d by Right blank Zoning Districts Temporary Uses = X O 7 m N QI N o� ¢ rr m s z s z w cr W cc a m u m O v ¢ Circuses, Carnivals, and Fairs P P P P P P P Construction Office P p p p p P P p p p p P p P P P P P P P p P P bris Site p p P p P P P P P P P P p P P P P p p P P P P F rmers' Market p p p p p P P P p p p P p p Seasonal Sales p P P P P p p P P p P Special Fundraising for P Non-profit Organizations p P p p P P P p p p P p P p p P P p P p P mporary Emergency P P P P P P P P P P P P P P P P P P P P P P P S rvices Facility mporary Family P P P P P P P P P P P P P P P P P P P P P P P althcare Structure Temporary Real Estate p Office /Model p p P p P P P P p p p P p p P p p P p p p P Temporary Relocation Housing P P P P P P p P P P p P p I P P I— p P p P p p P p Travel Trailers See Section 4.3.4.5 for Cam round /Recreational Vehicle (RV) Park standards 4.5.4 Standards for Specified Temporary Uses C. Debris Site Debris Sites shall comply with the following standards: a. No debris maybe located so as to encroach into, or wholly or partially obstruct, any street, right -of -way, driveway, building, sidewalk, multi -use path, fire lane, fire hydrant, or other public infrastructure or utility easement. e.b. Debris sites are limited to no more than 30 total consecutive calendar days at any one time, unless granted an extension by the Planning Director. Page 47148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 110 2020 -11 Board of Commissioners Draft -Uses and Standards Section 5.1 Parking and Loading To be included in Table 5.1.2.A: Minimum Off - Street Parking New or Clarified Use Parking Requirement Animal Grooming Service 4/1,000 sf Auction House 2.5/1,000 sf Commercial Kitchen, Catering 1.5/1,000 sf Community Garden No minimum Data Center 1.5/1,000 sf Emergency Services Facility 2.5/1,000 sf Event Center 5 /1,000 sf Food Pantry 2.5/1,000 sf Hospice 1 space /4 beds Instructional Services and Studios 2.5/1,000 sf Microbrewery /Microdistillery 8/1,000 sf seating area Oil or Gas Dealer, Retail 2.5/1,000 sf Transportation Vehicle Service and Storage Facility 2.5/1,000 sf indoor office space plus 1 per repair bay Urgent Care Facility 3.5/1,000 sf Page 48148 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 111 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control Section 3.3 Mixed Use Zoning Districts 3.3.7 PLANNED DEVELOPMENT (PD) DISTRICT Article 8: Erosion and Sedimentation Control Section 8.1. Title This Article may be cited as the "New Hanover County Soil Erosion and Sedimentation Control Ordinance." Section 8.2. Purposes This Article is adopted for the purpose of: A. Regulating certain land- disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation; and B. Establishing procedures through which these purposes can be fulfilled. 1126 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 112 Table 3.3.7.E.2: PD District Development Standards Subject to Modification Standard Means to Modify Article 5: General Development Standards Section 5.1 Parking and Loading MPD Master Plan Section 5.2 Traffic, Access, and Connectivity MPD Master Plan Section 5.3 Tree Retention No modification Section 5.4 Landscaping and Buffering No modification Section 5.5 Exterior Lighting MPD Master Plan Section 5.6 Signs MPD Master Plan Section 5.7 Conservation Resources No modification Section 5.8 Open Space Requirements MPD Master Plan Section 5.9 Fire Hydrants No modification Section 5.10 Airport Height Restriction No modification Article 6: Subdivision Design and Improvements Section 6.1 General Purpose No modification Section 6.2 Design Standards MPD Master Plan Section 6.3 Improvements MPD Master Plan Article 7: Stormwater Management (reserved) Article 8: Erosion and Sedimentation Control No modification (reserved) Article 9: Flood Damage Prevention No modification Article 8: Erosion and Sedimentation Control Section 8.1. Title This Article may be cited as the "New Hanover County Soil Erosion and Sedimentation Control Ordinance." Section 8.2. Purposes This Article is adopted for the purpose of: A. Regulating certain land- disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation; and B. Establishing procedures through which these purposes can be fulfilled. 1126 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 112 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control Section 8.3. Definitions ACCELERATED EROSION Any increase over the rate of natural erosion as a result of land- disturbing activity. ACT The North tCarel:Ra Sedimentation Pollution Control Act of 1973 in G.S. 113A -50, et seq. and all rules and orders adopted pursuant to it. ADEQUATE EROSION CONTROL MEASURES, STRUGTURE, DEVICES, OR STRUCTURES A- Ppeasure, stFUGtYpe, er- Erosion control devices or structures w#iGh that controls the soil material within the land area under responsible control of the person conducting the land - disturbing activity. AFFILIATE A person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person. Approving Authority The Division or other State or a Local Government agency that has been delegated erosion and sedimentation Plan review responsibilities in accordance with the provisions of the Act. BEING CONDUCTED A land- disturbing activity has been initiated and peFmaReRt stabilizati)„ -^o; the site has Rot boon GOMpleted not deemed complete by the approving authority. BORROW Fill material WhiGh that is required for on -site construction and is obtained from other locations. BUFFER ZONE The strip of land adjacent to a lake or natural watercourse. COASTAL COUNTIES The following counties: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington. COMMISSION The North Carolina Sedimentation Control Commission Common Plan of Development A contiguous area where multiple separate and distinct land- disturbing activities may be taking place at different times and on different schedules under one common plan. The "Common Plan" of development or sale indicates construction activities are planned to occur on a specific plot regardless of ownership of the parcels. COMPLETION OF CONSTRUCTION OR DEVELOPMENT No further land- disturbing activity is required on a phase of a project except that which, as determined by the approving authority, is necessary for establishing a permanent ground cover. DEPARTMENT The North Carolina Department of Environmental Quality, and motional ReSGUFGes. DIRECTOR The Director of the Division of Energy, Mineral, and Land Resources of the N.C. Department of Environmental Quality and Natural ReseuFGeS. DISCHARGE POINT I Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 113 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control That point at which stormwater runoff leaves a tract of land where a land - disturbing activity has occurred or enters a lake or natural watercourse. DISTRICT The New Hanover County Soil and Water Conservation District created pursuant to Chapter 139, North Carolina General Statutes. Division or DEMLR The Division of Energy, Mineral, and Land Resources of the Department of Environmental Quality. ENERGY DISSIPATER A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow. EROSION The wearing away of land surfaces by the action of wind, water, gravity, or any combination thereof. GROUND COVER Any natural vegetative growth or other material whiGh that renders the soil surface stable against accelerated erosion. HIGH QUALITY WATER Those Glassified as °„nh described in 15A NCAC `'RAT 02B.0224 (e)(F'�) Ge;eraT Prn e-S-1 which is incorporated hereon by reference to include further subsequent amendments and editions ). HIGH QUALITY WATER (HQW) ZONES Areas in the Coastal Counties that are within 575 feet of High Quality Waters, and for the remainder of the State, areas that are within one mile of and draining to HQW's. LAKE OR NATURAL WATERCOURSE Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond. , Rat iral Or which sediment may be moved or Garried in ci icnoncion and which not !d be damaged by onni Fn m nation of sedion+ 0 LAND - DISTURBING ACTIVITY Any use of the land by any person in residential, industrial, educational, institutional, or commercial development, highway or road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. LOCAL GOVERNMENT Any County, incorporated village, town, or city, or any combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of the Act. NATURAL EROSION The wearing away of the earth's surface by water, wind, or other natural agents under natural environmental conditions undisturbed by man as defined in G.S. 113A- 52(5). PARENT An affiliate that directly, or indirectly through one or more intermediaries, controls another person. 3126 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 114 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control PERSON Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private, institution, utility, cooperative, interstate body, or other legal entity. PERSON CONDUCTING LAND - DISTURBING ACTIVITY Any person who may be held responsible for a violation unless expressly provided otherwise by this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. PERSON RESPONSIBLE FOR THE VIOLATION A. The developer or other person who has or holds himself out as having financial or operational control over the land- disturbing activity; or B. The landowner or person in possession or control of the land that has directly or indirectly allowed the land- disturbing activity, or has benefited from it or failed to comply with a duty imposed by any provision of this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. Person Who Violates or Violator Any land owner or other person who has financial or operational control over the land- disturbing activity; or who has directly or indirectly allowed the activity, and who has failed to comply with any provision of the Act, or Ordinance adopted pursuant to the Act, as it imposes a duty upon that person as used in G.S. 113A -64. Dune OF GRADING ORe of two fimoe of grading: rough or find PLAN An erosion and sedimentation control Plan. Secretary The Secretary of Environmental Quality. SEDIMENT Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. SEDIMENTATION The process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land- disturbing activity or into a lake or natural watercourse. SILTATION Sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed and maintained control measures; and which has been transported from its point of origin within the site of a land- disturbing activity; and which has been deposited, or is in suspension in water. STORM DRAINAGE FACILITIES The system of inlets, conduits, channels, ditches, and appurtenances WhiGh that serve to collect and convey stormwater through and from a given drainage area. STORMWATER RUNOFF The surface flow of water resulting from precipitation in any form and occurring immediately after rainfall or melting. 4126 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 115 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control SUBSIDIARY An affiliate that is, directly or indirectly through one or more intermediaries, controlled by another person. TEN -YEAR STORM The stnrmwAter n ineff rocs 1ItiRg from nreninitatien A rainfall of an intensity that based on historical data, is predicted, by a method acceptable to the approving authority, decrribed in +e be eXPeGt to be equaled or exceeded, on the average, once in tee 10 years, and of a duration whic --h that will produce the maximum peak rate of runoff fer from the watershed of interest under average antecedent wetness conditions. TRACT All continuous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. TWENTY -FIVE YEAR STORM OR Q25 The stermwater n ineff reel iltiRg from nreninitatien A rainfall of an intensity that, based on historical data is predicted, by a method acceptable to the approving authority expeGted to be equaled or exceeded, on the average, one in 25 years, and of a duration WhiGh that will produce the maximum peak rate of runoff, for from the watershed of interest under average antecedent wetness conditions. UNCOVERED The removal of ground cover from, on, or above, the soil surface. UNDERTAKEN The initiating of any activity, or phase of activity, w#iGh that results or will result in a change in the ground cover or topography of a tract of land. VELOCITY The speed average vel9G4„ of flow through tlea cross - section of the mein nhannel at the peak flew of the sterm Of merest. The Gress seEt+en perpendicular to the direction of the main channel at peak flow of the storm of interest but not exceeding bank full flows. shall be that area defined by the geernetry of the Ghannel plus the area of flow below the flood height defined by Of Gomel Minn veledty of flew WASTE Surplus materials resulting from on -site land- disturbing activities, and being to be disposed of at ether leGatienc offsite. WORKING DAYS Days exclusive of Saturday and Sunday and Federal and State holidays unless work is being conducted on these holidays, during which weather conditions or soil conditions permit land - disturbing activity to be undertaken. Section 8.4. Scope and Exclusions A. This Ordinance shall apply to land- disturbing activities within the following territorial jurisdiction of New Hanover County and to the extraterritorial jurisdiction of New Hanover County as allowed by agreement between local governments, the extent of annexation or other appropriate legal instrument or law. MIMI Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 116 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control B. Notwithstanding the general applicability of this Ordinance to all land- disturbing activity, this Article shall not apply to the following types of land- disturbing activity: 1. Including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to: a. Forage and sod crops, grain and feed crops, tobacco, cotton and peanuts; b. Dairy animals and dairy products; c. Poultry and poultry products; d. Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules and goats, including the breeding and grazing of any or all such animals; e. Bees and apiary products; f. Fur producing animals; g. Mulch, ornamental plants, and other horticultural projects. For purposes of this section, "mulch" means substances composed primarily of plant remains or mixtures of such substances. 2. An activity undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality (Best Management Practices), as adopted by the North Carolina Department of Agriculture and Consumer Services. If land- disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality, the provisions of this Ordinance shall apply to such activity and any related land- disturbing activity on the tract. 3. An activity for which a permit is required under the Mining Act of 1971; Article 7 of Chapter 74 of the General Statutes; 4. A land- disturbing activity over which the State has exclusive regulatory jurisdiction and provided in G.S. 113A- 56(a). 5. An activity which is essential to protect human life during an emergency; 6. Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigations to offset impacts permitted under Section 404 of the Clean Water Act and; 7. Activities undertaken pursuant to National Resources Conservation Service Standards to restore the wetland functions of a converted wetland defined in Title 7 Code of Federal Regulations SeG.§ 12.2. 6126 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 117 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control Section 8.5. General Requirements A. Plan Approval Required: No person shall undertake any land- disturbing activity subject to this Ordinance ,G" that uncovers an acre, or more than one acre, without first having an erosion control Plan approved by the County. No land - disturbing activity may be initiated until the County is notified of the date that the land- disturbing activity will begin. B. Protection of Property: Persons conducting land- disturbing activity shall take a44 reasonable measures to protect all public and private property from damage caused by S Gh t!4 sedimentation and erosion damage caused by land - disturbing activities. C. More Restrictive Rules Shall Apply: Whenever conflicts exist between Federal, State, or local laws, Ordinance, or rules, the more restrictive provision shall apply. D. Plan Approval Exceptions: Notwithstanding the general requirement to obtain a Plan approval prior to undertaking land- disturbing activity, a Plan approval shall not be required for land- disturbing activity, that does not exceed 43,560 square feet in surface area and is not considered a part of a common plan of development. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. E. Building permits: No building permit, unless excluded by Section 4-8-.9 8.17 shall be issued without an erosion control sign -off pursuant to G.S. 153A -357 and G.S. 160A -417 as amended. F. Inspections: Any and all applicable intermediate inspections may be held in any trade (building, mechanical, electric, and /or plumbing) if any land- disturbing activity, on a tract, including single family residences, is found not to be in compliance with any part of this Ordinance. G. Building finals: Building finals and /or certificates of occupancy may not be issued if any land- disturbing activity, including single - family residences, is found not to be in compliance with any part of this Ordinance Section 8.6. Basic Control Objectives A. An erosion and sedimentation control Plan may be disapproved pursuant to Section 44.-9 8.18 if the Plan fails to address the following control objectives: 1. Identify critical areas: On -site areas which are subject to severe accelerated erosion, and off -site areas, `"'hinh are espeGiall vulnerable to damage from erosion and /or sedimentation are to be identified and receive special attention. 2. Limit time of exposure: All land- disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time specified in G.S. 113A -57 or as directed by the approving authority. 3. Limit exposed area: All land- disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time. 7126 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 118 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control 4. Control surface water: Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure. 5. Control sedimentation: All land- disturbing activity is to be planned and conducted so as to prevent off -site sedimentation damage. 6. Manage storm water runoff: When the increase in the Ve'9 wit„ 9f otOrm ,measures tG GORtrm Gl the ve'GGity tG the PGiRt Of dic Gorge so as to minimize oG+Eeleated erQcir�n of the site and innreased sedimontot'GR of rrm- rrn-rrc�a cc- al-rTa--rrrcr �aca�cairrrcn cu1�vrrvr PE)iRt of diSGhar�v -as o m raze acceleFated eMciGn of the sitoga ;RGFeased sed;meR+a +�fthe lea . Plans shall be designed so that any increase in velocity of stormwater runoff resulting from a land - disturbing activity will not result in accelerated erosion of the receiving stormwater conveyance or at the point of discharge. Plans shall include measures to prevent accelerated erosion within the project boundary and at the point of discharge. B. Preconstruction conferences are optional. You should n„tify the G„, inty when the initial or„Gi„n GeRtr„l mews es are installed In the event, a preconstruction conference is required, it must be included on the plan. C. No person may initiate a land- disturbing activity before notifying the County of the date that land- disturbing activity will begin and when the initial erosion control measures are installed. D. A Plan approval issued under this Ordinance shall be prominently displayed at either the primary entrance of the job site or at another location that is observable to the public and inspectors until all construction is complete, all permanent sedimentation and erosion control measures are installed, and the site has been stabilized. A paper copy of the approved Plan shall be kept on file at the job site. Section 8.7. Mandatory Standards for Land - Disturbing Activity No land- disturbing activity subject to the control of this Ordinance shall be undertaken except in accordance with G. S. 113A -57 and the following mandatory standards: A. Buffer Zone: No land- disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within t4e 25% of the buffer zone nearest the land- disturbing activity. This subdivision shall not apply to a land- disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse. 2. Unless ^then^^ °o nreyider! The width of a buffer zone Is shall be measured horizontally from the edge of the water to the nearest edge of 0111111110 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 119 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control the disturbed area, with the 25% of the strip nearest the land- disturbing activity containing natural or artificial means of confining visible siltation. B. Graded slopes and fills: The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion control devices or structures. The angle for graded slopes and fills must be demonstrated to be stable. Stable is the condition where the soil remains in its original configuration, with or without mechanical restraints. In any event, slopes left exposed shall, within 21 calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion. C. Fill material: Unless a permit from the Department's Division of Waste Management to operate a landfill is on file for the official site, acceptable fill material shall be free of organic or other degradable materials, masonry, concrete and brick in sizes exceeding twelve 42-} 12 inches, and any materials which would cause the site to be regulated as a landfill by the State of North Carolina. D. Ground cover: Whenever land- disturbing activity that will disturb one or more than one acre is undertaken on a tract, the person conducting the land- disturbing activity shall install such sedimentation and erosion control devices and practices that are sufficient to retain the sediment generated by the land- disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in Section 8.8.8.5 of this Ordinance, provisions for a ground cover sufficient to restrain erosion must be accomplished within 15 weFkffiRg days e 90 calendar days following completion of construction or development WhinheVeF peried is sher+or E. Prior plan approval: No person shall initiate any land- disturbing activity that will disturb one or more than one acre on a tract unless, 30 or more days prior to initiating the activity, an erosion and sedimentation control Plan for the activity has been both filed with and approved by the County pursuant to G.S. 113A -57(4) and G.S. 113A- 54(d)(4). The land- disturbing activity shall be conducted in accordance with the approved Plan once the Plan has been approved. F. All individuals that obtain a locally- approved erosion and sedimentation control plan that disturbs one acre or more of land, are required by the U.S. Environmental Protection Agency to obtain coverage under the N. C. Department of Environmental Quality Construction General Permit No. NCG010000 (NCG01). The requirements in NCG01 for temporary or permanent ground cover, or stabilization requirements, may differ from the ground cover, or stabilization, requirement in this Ordinance. It is the responsibility of the person conducting the land - disturbing activity to ensure compliance with the NCG01. Section 8.8. Design and Performance Standards A. Except provided in Subsection B.2 of this Section, erosion and sedimentation control Res, devices and structures and shall be planned, designed Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 120 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control and constructed as to provide protection from the calculated maximum peak rate of runoff from the te►R 10 -year storm that produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture, Natural Resources Conservation Services "National Engineering Field Handbook 630 for Conservation Practices" Q, innff rate c ch all be no�^i ilo + ^d i ioinn +h^ PFOGed� ir�r- I SIDA L'r.11 (`r-nc^ryati ^n SerVie''S "Nate tiOlRRal EERggiReerinrrg -Field B. In High Quality Water (HQW) zones, the following design standards shall apply: Uncovered areas in HQW zones shall be limited at any time to a maximum total area of tWeR +r�rty (20) 20 acres within the boundaries of the tract. Only the portion of the land- disturbing activity within a HQW zone shall be governed by this section. Larger areas may be uncovered within the boundaries of the tract with the written approval of the Director upon providing engineering justification with a construction sequence that considers phasing, limiting exposure, weekly submitted self - inspection reports, and more conservative design than the 25 -year storm. The Director may also stipulate the inclusion of other conditions in the plan as necessary, based on specific site conditions. 2. Erosion and sedimentation control measures, devices, and structures and deViGeS within HQW zones shall be so planned, designed, and constructed to provide protection from the runoff of the 25 -year storm whiGh that produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture; " National Gn^Reti,ng Resources Conservation Services "National Engineering Field Handbook 630 for Conservation Practices" Field MaR gal f ^r GORseryatirin DrontiG er aGGGri-diRg Z^V'^�JfrvGed sa n+ad by aRy eth er ageRGY Of thin —I I ^ter fhTc United States or an\/ generally re GegRized er^onizati ^n ^r assn 0ati ^n Other methodologies may be used if based on generally accepted engineering standards that are shown to the County to be equivalent to or improved over the procedures in Handbook 630. The County shall determine acceptability of an alternative methodology based upon a showing that the runoff model was based on observed data in agreement with the predictive model. 3. In order to provide for water quality protection in the HQW zones, sediment basins that discharge to those areas shall be designed and constructed to meet the following criteria: Sediment basins within un _ n: rrss�nrsr��sar _zrsi�.w�rs�:r_�r.� .,ra�,:�r.T.�■stlur.:rsr,� Department soil part; -1- 4­ 'he basin by the runoff of that twe year sterm to preGedures in the United States Conservation SeFViGe'S "National ERgineering Field Manual fef • except agenGY ef this State er the URited States er any generally reGegnized a. Use a surface withdrawal mechanism, basin area is less than I acre; Page 10126 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 121 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control b. Have a minimum of 1800 cubic feet of storage area per acre of disturbed area; c. Have a minimum surface area of 325 square feet per cfs of Q25 peak inflow; d. Have a minimum dewatering time of 48 hours; and e. Incorporate 3 baffles, unless the basin is less than 20 feet in length, in which case 2 baffles shall be sufficient. 4. Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than two horizontals to one vertical if a vegetative cover is used for stabilization, unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices, or other forms of Imoe ditch liners proven to the County as being effective in restraining accelerated erosion. I ^ aR y event The angle for side slopes shall be sufficient to restrain accelerated erosion. 5. Grni IRGI Geyer S iffinie Rt +n restra"R omcinn must be provided fer aRy per+ieR of a IaR d_rdist irhiRg aGt!Vifv in a I--IQW ZGRe within 15 werkiRg !days OF 60 GaIeR dar rdwo fE)IIG mRg GeMpleti E)R Of GeRGtri IGtieR er development 0 whinheyer perie d is sheFter. Upon a written request of the applicant, the Director may allow alternative design or control measures in lieu of meeting the conditions required in Subparagraph 3(b) through 3(e) of this Section if the applicant demonstrates that meeting all of those conditions will result in design or operational hardships and that the alternative measures will provide an equal or more effective level of erosion and sedimentation control on the site. Alternative measures may include, quicker applications of ground cover, use of sediment flocculants, and use of enhanced ground cover practices. Section 8.9. Stormwater Outlet Protection A. Intent: Stream banks and channels downstream from any land- disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land- disturbing activity. B. Performance standards: Persons shall provide a design and conduct land - disturbing activity so that the post- construction velocity of the to -► -10 -year storm runoff in the receiving watercourse to, and including the discharge point, does not exceed the greater of: 1. The velocity established by the Maximum Permissible Velocities table in subsection E of this section; or 2. The projected velocity of the te-n10 -year stormwater runoff in the receiving wale se stormwater conveyance prior to development. If conditions (1) or (2) of this Paragraph cannot be met, then the receiving wateFGGUF stormwater conveyance to, and including, the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the "prior -to- development" velocity by 10 %. Page 11 1 26 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 122 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control C. Acceptable management measures: Measures applied alone or in combination to satisfy the intent of this section are acceptable, if there are no objectionable secondary consequences. The County recognizes that the management of storm- water runoff to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some alternatives, while not exhaustive, are to: 1. Avoid increases in s wfa% r„n°ff volume and yelOGity stormwater discharge velocities by ;n^ig designing measures to promote infiltration to compensate for increased runoff from areas rendered impervious; or 2. Avoid increases in steper stormwater discharge velocities by using vegetated or roughened swales and waterways in place of closed drains and high - velocity paved sections; or 3. Provide energy dissipaters at outlets of storm drainage facilities to reduce flow velocities to the point of discharge; These may range from simple rip - rapped sections to complex structures; or 4. Protect wateFG06irses stormwater conveyance subject to accelerated erosion by improving cross sections at Wor providing erosion - resistant lining; and 5. Upgrade or replace the receiving device structure, or wale Se stormwater conveyance such that it will receive and conduct the flow to a point where it is no longer subject to degradation from the increased rate of flow or increased velocity; D. Exceptions: This rule shall not apply where it can be demonstrated to the County that stormwater discharge velocities will not Greate result in accelerated as erosion emblem in the receiving wate"^°Urse stormwater conveyance or discharge point. E. Maximum permissible velocities: The following is a table for maximum permissible velocity for storm water discharges in feet per second (F.P.S.) and meters per second (M.P.S.): Table 8.9.E: Maximum Material Permissible Velocities F.P.S. M.P.S. Fine sand (non - colloidal) 2.5 0.8 Sandy loam (non - colloidal) 2.5 0.8 Silt loam (non - colloidal) 3.0 0.9 Ordinary firm loam 3.5 1.1 Fine gravel 5.0 1.5 Stiff clay (very colloidal) 5.0 1.5 Graded, loam to cobbles (non - colloidal) 5.0 1.5 Graded, silt to cobbles (colloidal) 5.5 1.7 Alluvial silts (non - colloidal) 3.5 1.1 Alluvial silts (colloidal) 5.0 1.5 Course gravel (non - colloidal) 6.0 1.8 Cobbles and shingles 5.5 1.7 Shales and hard pans 6.0 1.8 Page 12 126 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 123 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control Source: Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels. Section 8.10. Borrow and Waste Areas When the person conducting the land- disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971; Article 7 of Chapter 74 of the General Statutes, and waste areas for surplus materials other than landfills regulated by the Department's Division of Waste Management shall be considered as part of the land- disturbing activity where the berrew material is being used or from whiGh the waste material originated. When the person conducting the land- disturbing activity is not the person obtaining the borrow and /or disposing of the waste, these areas shall be considered a separate land- disturbing activity. Section 8.11. Access and Haul Roads Temporary access and haul roads, other than public roads, constructed or used in connection with any land- disturbing activity shall be considered a part of such activity. Section 8.12. Operations in Lakes, Natural Watercourses Land - disturbing activity in connection with construction in, on, over or under a lake or natural watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of disruption of the stream channel. Where relocation of a stream forms an essential part of the proposed activity, the relocation shall minimize YRReGessary changes in the stream flow characteristic. Section 8.13. Responsibility for Maintenance During the development of a site, the person conducting the land- disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan, or any provision of this Ordinance, the Act, or any order adopted pursuant to the Ordinance or the Act. After site development, the land owner or person in possession or control of the land shall install ands maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right -of- way or easement, accepted for maintenance by a governmental agency. Section 8.14. Restoration of Areas Affected by Failure to Comply The County may require a person who engaged in a land- disturbing activity and failed to retain sediment generated by the activity, as required by G.S. 113A- 57(3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by Page 13 1 26 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 124 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this Ordinance. Section 8.15. Additional Measures Whenever the County determines that SigRifiGaR accelerated erosion and sedimentation +s GGG6IFFiRg continues as a result of land- disturbing activity, despite appl+eatioR installation of protective practices and maintenance of protective practices, the person conducting the land - disturbing activity will be required to and shall take additional protective action necessary to achieve compliance with the conditions specified in this Ordinance or the Act. Section 8.16. Areas Not Otherwise Covered Notwithstanding previous provisions, when it is determined that severe off -site erosion and /or sedimentation has occurred as a result of any land- disturbing activity, regardless of the size of the site, and despite application and maintenance of protective practices, remedial action shall be taken within a reasonable time period after notification. A notice shall be served upon that person by any means authorized under G.S. 1A -1 Rule 4. The notice shall specify a date by which the person must comply with the Ordinance or rules adopted by this Ordinance. Any person who fails to comply within the time specified is subject to additional civil and criminal penalties for a continuing violation as provided by this Ordinance. Section 8.17. Evicting I InGoyered Area Page 14 126 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 125 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control Section 8.174 -8. Permits A. No person shall undertake any land- disturbing activity subject to this Ordinance without first obtaining a hardcopy or electronic permit from the County, except that no permit shall be required for any land- disturbing activity: 1. For the purpose of fighting fires; 2. For the stock piling of raw or processed sand, stone or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off -site damage; or 3. That does not exceed 43,560 square feet in surface area. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. (Note: This exclusion from permits should allow land - disturbing activities for construction of a single - family residence on a single lot, but may not exceed one acre or be part of a common plan of development). B. The County may establish a fee schedule for the review and approval of erosion control Pplans. In establishing the fee schedule, the County shall consider the administrative and personnel cost incurred by the department for reviewing the Pplans and for related compliance activities. C. The permit fees as seen in Table 8.174$.0 include review and land disturbance fees: Residential $200 $200 $200 Review New projects Active projects Previously permitted inactive projects (Paid at time of application) (Adding new acreage) (With modifications) Land $300 per acre disturbed or any increment of an acre. Due prior to Plat Recordation. Builders in a subdivision with active permits where the developer Disturbance previously paid review and land- disturbing fees will not owe fees. Commercial Review (Paid at time of applicatien) $200 $200 $200 Review New projects Active projects Previously permitted inactive projects (Paid at time of application) (Adding new acreage) (With modifications) Land $300 per acre disturbed or any increment of an acre. Disturbance Due prior to issuance of Certificate of Occupancy. Page 15 126 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 126 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control Review Other $200 (Paid at time of application) Land $300 per acre or increment of an acre. Disturbance Due prior to issuance of the land- disturbing permit. D. Permits will expire one year from the date of issue if no construction activity begins on site. If activity ceases on a permitted site for a period of 12 months, the permit will expire. Section 8.18. Erosion and Sedimentation Control Plans A. An erosion control Plan shall be prepared for all land- disturbing activities subject to this Ordinance whenever the proposed activity will disturb one or more than one acre on a tract. The Plan shall be filed with the County Engineering Department, the New Hanover Soil and Water Conservation District, and for areas outside municipal corporate limits, the County Planning Department, at least 30 days prior to the commencement of the proposed activity. B. Persons conducting land- disturbing activity on a tract which covers one or more than one acres shall file three copies of the erosion control Plan or a digital copy, with the County at least 30 days prior to beginning such activity and shall keep another paper copy of the approved Plan and a posted copy of the permit prominently displayed at either the primary entrance of the job site or eesite at another location that is observable to the public and inspectors until all construction is complete, all permanent sedimentation and erosion control measures are installed, and the site has been stabilized. After approving the Plan, if the County either upon review of such Plan or inspection of the job site, determines that the Plan is inadequate to meet the requirements of the Act and of this Ordinance, a Sig Rifi nt rick of ann� t� ciGR er effsite sedimentation exists the County M14 �n��mEan-c-rrJrc-v� -crcc G� &c , shall require a revised Plan. Pending the preparation of the revised Plan, work shall cease or shall continue under conditions outlined by the appropriate authority. C. Erosion control Plans may shall be disapproved unless accompanied by an authorized statement of financial responsibility and documentation of property ownership. This statement shall be signed by the person financially responsible for the land- disturbing activity or his or her attorney -in -fact. The statement shall include the mailing and street addresses of the principle place of business of the person financially responsible, and of the owner of the land, aad or registered agents. If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or noncompliance with the Plan, the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance. Except as provided in subsection D and K of this section, if the applicant is not the owner of the land to be disturbed, the draft erosion and sedimentation control Plan must include the Page 16126 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 127 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control owner's notarized written consent for the applicant to submit a draft erosion and sedimentation control Poan and to conduct the anticipated land- disturbing activity. D. If the applicant is not the owner of the land to be disturbed and the anticipated land - disturbing activity involves the construction of utility lines for the provision of water, sewer, gas, telecommunications, or electrical service, the draft erosion and sedimentation control Plan may be submitted without the written consent of the owner of the land, so long as the owner of the land had been provided prior notice of the project. E. The New Hanover Soil and Water Conservation District and the County Planning Department within 20 days of receipt of any Plan, shall review such Plan and submit its comments and recommendations to the County Engineering Department. Failure of the Soil and Water Conservation District and the County Planning Department to submit its comments and recommendations within 20 days or within the prescribed additional time will not delay final action on the Plan. F. The County will review each complete Plan submitted to them and within 30 days of receipt. The person submitting the Plan, will be notified that it has been approved, approved with modifications, approved with perfnrmanro reserya+innc' or disapproved. The County shall condition approval of an erosion control plan upon the applicant's compliance with Federal and State Water Quality laws, regulations, and rules. The County shall also disapprove an erosion control plan if implementation of the Plan would result in a violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. Failure to approve, approve with modifications, or disapprove a complete erosion and sedimentation control Plan within 30 days of receipt shall be deemed approval. Disapproval of an erosion control Plan or a revised erosion control Plan must specifically state in writing the reasons for disapproval. The County must approve, approve with modifications, or disapprove a revised Plan within 15 days of receipt, or it is deemed to be approved. If, following commencement of a land - disturbing activity pursuant to an approved Plan, the County determines that the Plan is inadequate to meet the requirements of the Act and of this Ordinance, either upon review of such Plan or inspection of the job site, determinnc t asi-PAGaRt risk efzr'EEelerated orncinn or E)#site sedimentation exist the County shall require a revised Plan te GeMply with this GrdinaRGe. Pending the preparation of the revised Plan, work shall cease or shall continue under conditions outlined by the appropriate authority. Approval with modification or disapproval of any proposed plan shall entitle the person submitting the Plan to a public hearing in accordance with the provisions of G.S. 113A- 61(c). G. Any plan submitted for a land- disturbing activity for which an environmental document is required by the North Carolina Environmental Policy AGt (G .S. 11 °+ G. S. 113 Article 1, and the Department rules set forth in 15A NCAC 01 C. shall be deemed incomplete until a complete environmental document is available for review. The County shall pmmptl y notify the person submitting the Plan that the 30 -day time limit for review of the Plan pursuant to subsection F of this Section shall not begin until a the GGFnplete environmental document is available for review. H. The County shall approve a Plan upon determining that it complies with all applicable State and local regulations for erosion and sedimentation control. The County shall condition approval of Plans upon the applicant's compliance with the Page 17 126 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 128 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control Federal and State water quality laws, regulations and rules. Approval assumes the applicant's compliance with the Federal and State water quality laws regulations, and rules. The Plan required by this section shall contain architectural or engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this Ordinance. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for Plan preparation may be obtained from the County, on request. The Plan shall contain a schedule for inspections after each phase has been completed. J. The county may disapprove an erosion and sedimentation control Plan or disapprove a transfer of a Plan under subsection K of this Section upon a finding that an applicant, or a parent, subsidiary, or other affiliate of the applicant: 1. is conducting or has conducted land- disturbing activity without an approved Plan, or has received notice of violation of a Plan previously approved by the Commission or a local government pursuant to this Article and has not complied with the notice within the time specified in the notice; 2. has failed to pay a civil penalty assessed pursuant to the Article or a local Ordinance adopted pursuant to this Article by the time the payment is due; 3. has been convicted of a misdemeanor pursuant to G.S. 113A -64(b) or any criminal provision of a local Ordinance adopted pursuant to this Article or; 4. has failed to substantially comply with State rules or local Ordinances and regulations adopted pursuant to this Article. For purposes of th+s Subsection J an applicant's record or the proposed transferee's record may be considered for only two (2) years prior to the application date. In the event that an erosion and sedimentation control Plan or transfer of a Plan is disapproved by the county pursuant to subsection J of this Section, the County shall notify the Director of the Division of Energy, Mineral, and Land Resources of such disapproval within 10 days of the disapproval. The County shall advise the applicant or the proposed transferee and the Director in writing as to the specific reasons that the Plan was disapproved. Notwithstanding the provisions of Section 8.2819 A, the applicant may appeal the local government's disapproval of the Plan directly to the Commission. K. The County administering an erosion and sedimentation control program may transfer an erosion and sedimentation control Plan approved pursuant to this Section without the consent of the Plan holder to a successor -owner of the property on which the permitted activity is occurring or will occur as provided in this subsection. 1. The County may transfer a Plan if all of the following conditions are met: Page 18 126 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 129 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control a. The successor -owner of the property submits to the local government a written request for the transfer of the Plan and an authorized statement of financial responsibility and proof of ownership:. b. The County finds all of the following: 1. The Plan holder is one of the following: L A natural person who is deceased. H. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved. iii. A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. iv. A person who has sold the property on which the permitted activity is occurring or will occur. 2. The Plan holder shall comply with all terms and conditions of the Plan until such time as the Plan is transferred. 3. The successor -owner shall comply with all terms and conditions of the Plan once the Plan has been transferred. 4. Notwithstanding changes to law made after the original issuance of the Plan, the County may not impose new or different terms and conditions in the Plan without the prior express consent of the successor - owner. Nothing in this subsection shall prevent the County from requiring a revised Pplan pursuant to G.S. 113A -54.1 (b). L. No person may initiate a land- disturbing activity before notifying the agency that issued the Plan approval of the date that the land- disturbing activity will begin. The County shall also be notified when the initial erosion control measures are installed, if no preconstruction meeting is held. If preconstruction meetings become a requirement it must be included on the plan. M. Applications for amendment of an erosion control Plan in written and /or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the County, the land- disturbing activity shall not proceed except in accordance with the erosion control Plan as originally approved. N. Any person engaged in land- disturbing activity who fails to file a Plan in accordance with the Ordinance or who conducts a land- disturbing activity except in accordance with provisions of an approved Plan shall be deemed in violation of this Ordinance. O The lanrdewneY 0 the flpannlally responsible party, landowner's or the landowner's or the by the Plan after eanh phase of the Plan has been GOFnpleterd and after est�h�m-t -,' T porn rI (rroi lord GGyeaGGeFdanre with G.S. 11 3A 57(). e- 0 identify aRy measures that may he required to nerrent the rdeyiatien and ldenUment the nompletien of these measures. The FeGGrd shall be maintained until permanent ground GOVer has- Page 19 1 26 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 130 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control required by G.S. 113n 61.1. All land- disturbing activities required to have an approved erosion and sedimentation control plan under G. S. 113A- 54.1(e) and Sec. 8.18 (A) shall conduct self - inspections for initial installation or modification of any erosion and sedimentation control devices and practices described in an approved Plan. In addition, weekly and rain -event self - inspections are required by Federal regulations, that are implemented through the NPDES Construction General Permit No. NCG010000. Where self - inspections are required by G.S. 113A- 54.1(e) and Section 4". 8.18(0) of this Ordinance @nil G.S. 113A 54.1(e), the following apply: 1. The person who performs the inspections shall make a record of the site inspection by documenting the following items: The inspection shall be performed during or after each of the following phases of the Plan; installation D RspeGtieR report that lists eaGh measure, PraGtiGe OF deViGe-_C;12.�_P.A.�.A. A-.A. dGGUrnentatien is required GRlY UPOR the initial of erosion • sedimentation control clearing as set forth by the approved eF0SiGR and sedimeRtatieR GeRtrel RaR oF Of the measure, praGtiGes and deViGes are modified after initial SpeGifiGally noting the IGGatien and Gendition of the graded slopes and and grubbing of existing ground cover; A. and sediMeRtation Gentrel Plan er by GGFnpleting, dating and signing Page 20 1 26 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 131 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control an inspection report completion of any grading that requires ground cover, dthat maintenance and repair rnni iiremenf for all fernperary and pFaGtiGeG r r ' and deVi te aye been n Ctierm ed.S a�do �m enfu+innr shaln l he accomplished by completing dating and Sinning an incnnnfinn report e the maintenance and repair Feq iiFementS) completion of all land - disturbing activity, construction, or development, including permanent ground cover establishment and removal of all temporary measures; and e anv Significant deyiationS frnm the approved eroSion and Sedimentation control Plan corrective actinnc Fern aired W correct the e deviation and completion of the cnrrectlye actions S ich of the approved ernSinn and Sedimentation cnntrel Plan or by completing dating and Signing an inspection report 4 significa of e dey*atinn means an gmiSSinn alteratiep or relocation of an erosion or cedimentatien rnnfrnl meal ire that prevents the mead ire from perferming as intended transfer of ownership or control of the tract of land where the erosion and sedimentation control Plan has been approved and work has begun. The new owners or person in control shall conduct and document inspections until the project is permanently stabilized as set forth in Sub -Item 1(c) of this Section; 2 The dncl imentatinn 0 whether on a copy of the appFE)yed erosion and sed;meRtateR ee tFE)i Plan er an incneGtOE)R repert, shall TClicrude the name, address, affiliation , p i i telehone nmher, aR d Signat ire of the person e licences and certifications may also he included Any deco imenfafinn of 0RspeGtlen0 that eccUr en a cep y of the approved ereSinn and sedimentation nnntrnl Plan shall occi it en a single cnrrni of the Plan and that Rarnrshall he made available OR the cite On\/ incnectinn reports shall else he made available OR the site; 2 The inspection shall he performed di firing er after each of the fe"C)W'ng phases of a Plan Documentation of self - inspections performed under section 1 shall include: a iRstallatien of perimeter eroSien and sediment control measures Visual verification of ground stabilization and other erosion control measures and practices as called for in the approved Plan; b clearing and grubbing of evicting gFeUnd sever Verification by measurement of settling basins, temporary construction entrances, energy dissipaters, and traps; C completion of anv phase of grading en slepec er fills that regi iirnc n FeViSlnn of temporary er permanent greU Ind ceder pursuant cant to G.S. 11 3A 57(2),7, The name, address, organization affiliation, telephone number, and signature of the person conducting the inspection and the date of the inspection shall be included, whether on a copy of the Page 21 1 26 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 132 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control approved erosion and sedimentation control Plan or an inspection report. A template for an example of an inspection and monitoring report is provided on the DEMLR website at https:/ /deg. nc. gov/ about /divisions /energy - mineral -land- resources/ erosion - sediment - control /forms. Any relevant licenses and certifications may also be included. Any documentation of inspections that occur on a copy of the approved erosion and sedimentation control Plan shall occur on a single copy of the Plan and the Plan shall be made available on the site. d GE)M leti„r, of storm drainage faGilitioc,L A record of any significant deviation from any erosion or sedimentation control measure from that on the approved Plan. For the purpose of this Section, a "significant deviation" means an omission, alternation, or relocation of an erosion or sedimentation control measure that prevents it from performing as intended. The record shall include measures required to correct the significant deviation, along with documentation of when those measures were taken. Deviations from the approve Plan may also be recommended to enhance the intended performance of the sedimentation and erosion control measures. e rr+mnletiOn Of nr)ncfn infiOR er anal deyelopmeRt; e Section 8.1920. Plan Review Appeals A. Except as provided in subsection B of this section, the appeal of a disapproval or approval with modifications of a Plan shall be governed by the following provisions: 1. The disapproval or modification of any proposed erosion control Plan by the County, shall entitle the person submitting the Plan or applying for the permit, to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of disapproval or modifications. 2. Hearings held pursuant to this section shall be conducted by the County Engineer within ten (10) days after the date of the appeal or request for a hearing. 3. The County Engineer shall make recommendations to the New Hanover County Board of Commissioners, within ten days (10) after the date of the hearing on any erosion control Plan. Page 22 1 26 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 133 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control 4. The Board of Commissioners will render its final decision on any Plan upon which a hearing is requested within 30 days of conducting the hearings. 5. If the Board of Commissioners upholds the disapproval or modification of a proposed Plan following the hearing, the person submitting the Plan shall then be entitled to appeal the Board of Commissioners decision to the Commission. The Commission shall direct the Secretary to appoint employees of the Department as provided in G.S. 113A -61(c) and Title 15A NCAC 46.0118 (d), to a Plan review committee, to hear appeals from the disapproval or modification of erosion and sedimentation control Plans by local governments. Within 30 days following receipt of notification of the appeal, department employees shall complete the review and shall notify the County and the person appealing the County decision that the Plan should be approved, approved with modifications, or disapproved. 6. If either the local government or the person submitting the Plan disagrees with the decision reached by the Department, the applicants right under G. S. 113A- 54.1(d) to appeal the Director's disapproval of an erosion control Plan under G.S. 113 A- 54.1(c) gives rise to a right to an appeal to the Commission by filing a notice within 15 days with the Director of the Division of Energy, Mineral, and Land Resources. A Plan review committee consisting of three members of the Commission will be appointed to review the Department's decision. Within 10 days following receipt of the notification of appeal, the Commissions erosion and sedimentation Plan review committee shall notify the local government and the person submitting the plan of a place and time for a hearing for consideration of the appeal. Both parties shall be given at least 15 days' notice of the hearing and an opportunity to present written or oral arguments. The erosion and sedimentation Plan review committee shall notify both parties of its decision concerning the approval, disapproval, or modification of the proposed Plan within 30 days following the hearing. 7. An applicant desiring to appeal the Commission's disapproval of an erosion control Plan shall file with the Office of Administrative Hearings a contested case petition under G. S. 150B, Article 3. B. If an erosion control Plan is disapproved pursuant to Section 949 8.18.H, of this Ordinance. Tthe applicant may appeal the County disapproval of the Plan directly to the State Sedimentation Control Commission. Section 8.202. Inspections and Investigations A. Agents, officials, or other qualified persons authorized by the County, will periodically inspect land- disturbing activity to ensure compliance with the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, and to determine whether the measures required in the Plan are effective in controlling erosion and sedimentation resulting from land- disturbing activity. Notice of the right to inspect shall be included in the notification of each Plan approval. B. If the County determines that a person engaged in land- disturbing activity has failed to comply with the Act, this Ordinance, or rules, or orders adopted or issued Page 23 1 26 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 134 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control pursuant to this Ordinance, or has failed to comply with an approved Plan, a notice of violation shall be served upon that person by any means authorized under in G.S. 1A -1 Rule 4 to give actual notice. The notice shall set forth the measures necessary to achieve compliance with the, Act, this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period specified in the notice of violation may result in additional civil and criminal penalties for a continuing violation as provided in G.S. 113A -64 and this Ordinance. However, no time period for compliance need be given for failure to submit an erosion control Plan for approval or for willfully obstructing, hampering or interfering with an authorized representative, while in the process of carrying out his official duties. If the person engaged in land- disturbing activity fails to comply within the time specified, enforcement action may be initiated. C. The County shall have power to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land- disturbing activity. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection and who presents appropriate credentials; D. The County shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land- disturbing activity including self - inspections, engineering design reports, or Notices of Violation (NO Vs), as necessary to carry out duties specified in the Act or this Ordinance. Section 8.2122. Penalties A. Civil Penalties: 1. Any person who violates any of the provisions of this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, or order adopted or issued pursuant to this Ordinance, or who initiates or continues a land - disturbing activity for which a Plan is required except in accordance with the terms, conditions, and provisions of an approved Plan, shall be subject to a civil penalty. The maximum civil penalty amount that the county may assess pef is five thousand dollars ($5,000.00) per calendar day. A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation. The person alleged to be in violation will be notified of the violation by any means authorized under G.S. 1A -1 Rule 4 to give actual notice. The notice shall describe the violation, with reasORahle paFti .,,',r4y, state the reason for accessing the penalty, request the illegal activity cease, specify the actions to be taken, specify a reasonable time period within which the violation must be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action pursuant to G.S. 113A -64. If, after the allotted time period has expired, the violator has not completed corrective action, a civil penalty may be assessed from the date of the notice of Page 24126 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 135 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control violation. However, no time period for compliance need be given for failure to submit an erosion control Plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. Each day of continuing violation shall constitute a separate violation. When the person has not been assessed any civil penalty under this subsection for any previous violation, and the person abated the continuing environmental damage resulting from the violation within 180 days from the date of the notice of violation, the maximum cumulative total civil penalty assessed under this subsection for all violations associated with the land— disturbing activity for which the erosion and sedimentation control Plan is required is twenty - five thousand dollars ($25,000). 2. The County Manager or his designee shall determine the amount of the civil penalty to be assessed under this subsection and shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. In determining the amount of the penalty the County Manager or his designee shall consider the severity of the violation, the ` egFee and extend of haYm nay se d by the ViOlatiGR; the type(s) of violation; the duration; the cause; the extent of any off -site damage which may have resulted; and the GGSt of reGtifying the .darnago effectiveness of action taken by the violator; adherence to the Plan submitted by the violator; effectiveness of the Plan submitted by the violator; estimated cost of taking corrective sediment control actions; staff investigative cost; the amount of money the violator saved by noncompliance, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with this Ordinance, the Commission, or the Act. The County shall provide notice of the civil penalty amount and basis for assessment to the person assessed. The notice of assessment shall be served by any means authorized under G.S. 1A -1, Rule 4. The notice of assessment shall direct the violator to either pay the civil penalty assessment, or contest the assessment within 30 days after receipt of the notice of assessment, by filing a written petition for a hearing before the Board of County Commissioners, or file a request with the Sedimentation Control Commission for remission of the assessment within 60 days of receipt of the notice. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the North Carolina General Statutes and a stipulation of the facts on which the assessment was based. Notice of the assessment shall be served by any means authorized under G.SAA -1, Rule 4 to give actual notice. 3. Any appeals from the determination of the Board of County Commissioners must be filed with the Superior Court of the County within 30 days following the Board's issuance of its final determination. If payment is not received or equitable settlement reached within 60 days after demand for payment is made, the matter shall be referred to the County Attorney for institution of a civil action in the name of the County in Superior Court where the violation occurred, or the violators residence or principle place of business. A civil action must be filed within three (3) years of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. Page 25 1 26 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 136 2020 -11 Board of Commissioners Draft - Erosion & Sedimentation Control An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment. 4. The clear proceeds of civil penalties collected pursuant to this Ordinance shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C- 457.2. Penalties collected by the County may be diminished only by the actual costs of collection. The collection cost percentage to be used shall be established and approved by the North Carolina Office of State Budget and Management on an annual basis, based upon the computation of actual collection cost by each County for the prior fiscal year. (In any event, the cost percentage shall not exceed twenty percent (20 %) of penalties collected). B. Criminal Penalties: Any person who knowingly or willfully violates any provision of this Ordinance, or rule or order adopted or issued pursuant to this Ordinance, or who knowingly or willfully initiates or continues a land- disturbing activity for which an erosion control Plan is required except in accordance with terms, conditions, and provisions of an approved Plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed five thousand dollars ($5,000.00) per calendar day as provided in G.S. 113A -64. Section 8.22. Injunctive Relief A. Whenever the governing body has reasonable cause to believe that any person is violating or threatening to violate this Ordinance or any rule or order adopted or issued pursuant to this Ordinance, or any term, condition, or provision of an approved Plan, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the County, for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Superior Court of the County in which the violation is occurring or is threatened. B. Upon determination by a Court that an alleged violation is occurring or is threatened, the Court shall enter any order or judgment that is necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this Ordinance. Section 8.232-4. Severability If any section or sections of this Ordinance is /are held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and effect. Section 8.2425. Effective Date December 166, 201 o {insert new effective date.] Section 8.252 -6. Reserved Page 26126 Board of Commissioners - November 16, 2020 ITEM: 22- 4 - 137 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Regular DEPARTMENT: Governing Body PRESENTER(S): Chair Olson - Boseman CONTACT(S): Kym Crowell, Clerk to the Board SUBJECT: Committee Appointments BRIEF SUMMARY: Vacancies exist on the following boards and committees: • New Hanover County /City of Wilmington Community Relations Advisory Committee • New Hanover County Commission for Women • New Hanover County Cooperative Extension Advisory Council • New Hanover County Juvenile Crime Prevention Council • New Hanover County Non - County Agency Funding Committee • New Hanover County Zoning Board of Adjustment RECOMMENDED MOTION AND REQUESTED ACTIONS: Make appointments. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Make appointments. COMMISSIONERS' ACTIONS: The following appointments were made. New Hanover County /City of Wilmington Community Relations Advisory Committee: Kimberly Geiger was appointed in the Education Community category. New Hanover County Commission for Women: Meaghan Lewis was appointed. New Hanover County Cooperative Extension Advisory Council: Dietrich Blum, Colleen N. Higgins, and Charles F. Mincey were reappointed. Daniel Spann and Dave Spencer were appointed. New Hanover County Juvenile Crime Prevention Council: Hazel Eyles was appointed in the Under Age 21 category for a 2 -year term. Alexandra Rivenbark was appointed in the Under Age 21 category for an unexpired term. Board of Commissioners - November 16, 2020 ITEM: 23 New Hanover County Non - County Agency Funding Committee: Marvin Brooks was appointed in the Public Safety /Judicial category. New Hanover County Zoning Board of Adjustment: Cameron R. Moore was reappointed in the Regular category. Maverick Pate and Luke A. Waddell were appointed in the Regular category. Richard F. Kern was reappointed in the Alternate category. Board of Commissioners - November 16, 2020 ITEM: 23 COMMITTEE APPOINTMENT New Hanover County /City of Wilmington Community Relations Advisory Committee Vacancy: Category: Education Community Term: Unexpired, expiring 9/30/22 Applicant Eligible For Reappointment Category Nominations Kimberly Geiger Education Community Matthew Mann Education Community Attachments: Committee Information Sheet Applications Board of Commissioners - November 16, 2020 ITEM: 23- 1 - 1 NEW HANOVER COUNTY /CITY OF WILMINGTON COMMUNITY RELATIONS ADVISORY COMMITTEE Number of Members: 12 members 6 appointed by County Commissioners: 1 for each of the following categories: Business Community, Civil Rights Community, Education Community, and Faith Community and 2 At -Large 6 appointed by Wilmington City Council: 1 for each of the following categories: Business Community, Civil Rights Community, Education Community, and Faith Community and 2 At -Large Term of Office: Staggered initially; 3 years thereafter; no member shall serve more than 2 full successive terms, unless there is a break of at least one (1) full term between appointments. Regular Meetings: Fourth Tuesday of every month at 5:30 p.m. in the Hanover Room at the Main Library, 201 Chestnut St., Wilmington, NC 28401. Established: May 2016. The New Hanover County Board of Commissioners and Wilmington City Council adopted resolutions to establish committee bylaws. Brief on the functions: The purpose of the County /City Community Relations Advisory Committee is to address community issues involving prejudice or discrimination on the bases of race, nation origin, creed or religion, age, gender, sexual orientation, disability or medical condition; informing the Appointing Authorities and other organizations of their findings; and making recommendations, in an advisory capacity, to the Appointing Authorities and other organizations, as necessary. Board of Commissioners - November 16, 2020 ITEM: 23- 1 - 2 TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION New Hanover County Members Evelyn Bryant, Chair Civil Rights First 9/19/16 9/30/18 719 Campbell Street Community Second 10/1/18 9/30/21 Wilmington, NC 28401 910 - 538 -2857 (C) 910 - 343 -0610 (W) Liz Carbone At -Large Unexpired 9/30/21 104 S. 4th St., #3 8/24/20 Wilmington, NC 28401 336- 549 -9888 (C) 910 - 763 -4424 (W) Reddgo Long, Jr. Faith First 9/21/20 9/30/23 4816 Whitner Dr. Community Wilmington, NC 28409 910 - 770 -1057 (H) Megan Mullins Business First 9/21/20 9/30/23 5477 Eastwind Rd. Community Wilmington, NC 28403 910 - 547 -9567 (H) Board of Commissioners - November 16, 2020 ITEM: 23- 1 - 2 Board of Commissioners - November 16, 2020 ITEM: 23- 1 - 3 0 Education Unexpired 9/30/22 Vacant Community Scott Whisnant At -Large First 9/16/19 9/30/22 215 N. 18`h St. Wilmington, NC 28405 910 - 612 -3109 (H) 910 - 667 -8738 (W) City of Wilmington Members Charles E. Davis Jr. Faith First 4/17/18 9/20/20 416 Crete Dr. Community Second 8/18/20 9/20/23 Wilmington, NC 28403 910 - 794 -2880 (H) 910 - 352 -5583 (C) Courtney Horton At -Large Unexpired 9/20/21 1105 Audubon Blvd. 11/19/19 Wilmington, NC 28403 910 - 228 -0093 (C) 910 - 251 -2555 (W) Jen Johnson, Secretary Business First 11/21/17 9/20/20 1720 Orange St. Community Second 8/18/20 9/20/23 Wilmington, NC 28403 404 - 931 -2990 (C) 910 - 208 -0518 (H) Kathy D. King Civil Rights First 4/17/2018 9/20/20 408 Clay St. Community Second 8/18/20 9/20/23 Wilmington, NC 28405 256- 508 -2302 (C) Lori Wainright At -Large First 9/20/16 9/30/19 2905 Park Avenue Second 8/20/19 9/20/22 Wilmington, NC 28403 336- 430 -0017 (C) Florence Warren Education First 9/20/16 9/30/18 204S. 16th Street Community Second 10/16/18 9/20/21 Wilmington, NC 28401 910 - 343 -8249 (C) Ex. Officio Members: Chief Deputy Ken Sarvis New Hanover County Chief Donny Williams City of Wilmington Staff liaison: Linda Thompson Chief Diversity and Equity Officer 230 Government Center Dr., Suite 120 Wilmington, NC 28403 Revised: 09/2020 910- 798 -7414 Board of Commissioners - November 16, 2020 ITEM: 23- 1 - 3 0 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Kimberly Geiger < application @webformsnhcgov.com> Sent: Thursday, September 24, 2020 9:53 AM To: Crowell, Kym; Kianpour, Dahria Subject: Application for County /City Community Relations Advisory Committee Attachments: Kimberly- Geiger- RESUME- 2020.pdf Board or Committee being applied to: County/City Community Relations Advisory Committee Category Education Community Name Kimberly Geiger Email kimberly.geigerl 9 @gmail.com Home Address 401 Marina Street Carolina Beach, North Carolina 28428 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (516) 233 -9731 Years living in New Hanover County 7 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race White Age 25 Do you have a family member employed by New Hanover County? No Applicant's Employer Board of Commissioners - November 16, 2020 ITEM: 23- 1 - 4 New Hanover County Schools Occupation Teacher Professional Activities I am a certified teacher in a Title I school serving downtown Wilmington. I am highly involved in ensuring equity in education, as well as diversity and cultural relevance in content taught. I pride myself on the progressive nature of my classroom and my willingness to make my instruction student -led. I regularly share this passion with my staff. In addition, I work as a contract employee for a company called Participate, which brings globalized education to schools around the world. I serve on a team that develops content and facilitates global instruction in a highly diverse school via remote education. Volunteer Activities I volunteer locally at the Carolina Beach Yacht Club, ensuring that all members of the yacht club and local patrons have a pleasant experience and the yacht club is practicing environmentally friendly business practices. Why do you wish to serve on this board or committee? I am eager for an opportunity to serve on this committee to bring a first hand perspective of education in New Hanover County to the committee. I am passionate about the goals of the committee in seeking to bring equity to our community and am grateful that education experience is valued in this group. I believe that my experience in a Title I school, in the heigh of the pandemic and remote learning, as well as feeling the weight of the redistricting the county experienced, will make me a valuable asset to the committee. I understand that there is a lot to learn from the members of this committee and I look forward to that learning opportunity for myself. I also seek to provide a genuine perspective on race and equity in public education in the county for the committee so that all members are accurately informed of the day to day workings of the school system. What areas of concern would you like to see addressed by this committee? I would like for the committee to address the weight of redistricting on Title I schools and how race and equity are discussed and considered when making county wide decisions. I have been able to see the impact lower income communities have felt from the pandemic, Hurricane Florence and the food deserts that exist within our county. I feel strongly that the committee would be the perfect place to voice these concerns and discuss them with people who have the power to instill change. Qualifications for serving: As an experienced and passionate teacher in a Title I school, I know that my day to day work experiences would be of high value to this committee. The challenges that we face every day at school involving hunger, inequity in technology for remote education, overcrowding in schools and instability in homes are directly tied to patterns in race and lower income communities. These challenges are things that we work through every day and with more support from the county, we may be able to better serve the families in our community. I am confident that my experience will provide a window into the lives of our neighbors who are struggling with inequities. I look forward to sharing my experiences and observations with anyone who has the ability to instill positive changes in our community in a compassionate and professional manner. Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Liz Carbone Reference 1 Phone (336) 549 -9888 Reference 2 Christina Daniels Reference 2 Phone (919) 605 -5105 Reference 3 Christina Eames Board of Commissioners - November 16, 2020 ITEM: 23- 1 - 5 Reference 3 Phone (910) 251 -6190 Upload additional information. • Kimberly- Geioer- RESUME- 2020.Ddf Date 09/24/2020 Consent V I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. Axic, �FI[ V + D SE P 2 3 2020 BOC OFF, Board of Commissioners - November 16, 2020 ITEM: 23- 1 - 6 Kimberly Geiger Elementary Teacher, ESL Certified CONTACT DETAILS 401 Marina Street Carolina Beach, NC 28428 516 - 233 -9731 kimberly.geigerl9 @gmail.com EDUCATION University of North Carolina Wilmington BA Elementary Education, 2017 Minor: Spanish, English as a Second Language Education UNCW Study Abroad Program Monteverde, Costa Rica 2015 Student Teacher CERTIFICATION K -6 General Ed., North Carolina K -12 ESL, North Carolina ACCOMPLISHMENTS National Geographic Certified Educator 2019 Participate Educator 100+ hours of Global Professional Development 2017 -2019 PROFILE I am a passionate elementary teacher with experience in Title I schools, working with a diverse population and providing data driven instruction to ensure differentiation for all students. I am committed to the goal of engaging, individualized lessons and developing global citizens to prepare students for their future. POFESSIONAL EXPERIENCE Forest Hills Global Elementary School Wilmington, NC 2017 - Present Fifth Grade (2020 -) First & Second Grade Combo Class (2019 -) Second Grade (2017 -2019) Conducts data driven, differentiated instruction in all subjects for a class of 18 Uses Multi- Tiered System of Supports daily in reading, math and behavior to provide students with equitable access to curriculum Accomplished in globalizing instructional content to encourage students to explore the world by learning about the human journey and the impact of humans on the natural environment Participate Content Consultant Durham, NC 2020 Worked on a team of esteemed educators Global Educator of the Year to develop globalized and culturally 2020 relevant content for digital use Forest Hills Global Elementary Facilitated the implementation of developed content for schools remotely Participate Learning Teacher of the Year Finalist Board of Commissioners - November 16, 2020 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Matthew Mann < application @webformsnhcgov.com> Sent: Monday, September 14, 2020 11:49 AM To: Crowell, Kym; Kianpour, Dahria Subject: Application for County /City Community Relations Advisory Committee Board or Committee being applied to: County/City Community Relations Advisory Committee Category Education Community Name Matthew Mann Email Matthew.mann1(d-)gmail.com Home Address 4315 Holly Tree Rd Wilmington, North Carolina 28412 United States Map it Mailing Address (if different from home address) United States Map It Home Phone (423) 383 -7853 Years living in New Hanover County 2 Personal information collected below is to assure a cross - section of the community is represented. Gender Male Race White Age 38 Do you have a family member employed by New Hanover County? No Applicant's Employer CFCC Board of Commissiohers - November 16, 2020 ITEM: 23- 1 - 8 Occupation Program Director of Nuclear Technology Professional Activities Teaching, advising, and running the Nuclear Technology program Volunteer Activities Eight years volunteering at Good Shepherd Center in Wilmington. Help with logistics of acquiring food from supermarkets, sorting that food, and redistributing it in accordance with staff wishes. Current President of the Wilmington Section of the American Nuclear Society. I focus my efforts there on education, including a quarterly STEM Activity Day held at CFCC where younger students can learn about a variety of STEM fields. Why do you wish to serve on this board or committee? Given the current political climate it is more important than ever to build a strong community in this very diverse area. Having an education focused person on the board can help guarantee equal access to education for all members of the community. What areas of concern would you like to see addressed by this committee? Removing any barriers to education for all people in the Cape Fear region. A more educated community will be much more able to persevere as we move forward. Qualifications for serving: I have five years of teaching experience at CFCC. I previously taught high school overseas in a low income area. This experience showed me how valuable education should be for all members of a society. I have volunteered at the Good Shepherd Center for eight years. During this time I have seen how prevalent homelessness is in our community. Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Manny Rodriguez Reference 1 Phone (910) 945 -8906 Reference 2 Cassie Hrenko Reference 2 Phone (814) 935 -3775 Reference 3 Hope Uzcategui Reference 3 Phone (910) 465 -3456 Date 09/14/2020 Consent I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. RECIT J 1,i D Board of Commissioners - November 16, 2020 ITEM: 23- 1 - 9 SEP 14 2020 nnt% nrr COMMITTEE APPOINTMENT New Hanover County Commission for Women Vacancy: Terms: Unexpired, expiring 5/31/23 Applicants Eligible For Reappointment Nominations Carol Kennedy Vanessa Lacer Meaghan Lewis Suzie McCabe Emily Morgan Sandra Oglesby Anne Russell April Scott Leigh Venters Lauren Vilar Attachments: Committee Information Sheet Applications Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 1 NEW HANOVER COUNTY COMMISSION FOR WOMEN Number of Members: 11 members 1 YWCA Lower Cape Fear CEO or Designee 5 appointed by County Commissioners; 5 appointed by Wilmington City Council Terms: Each member of the Commission shall be appointed to serve a term of three (3) years, or until a successor is appointed; provided however, that on the initial Commission, three (3) of the members shall serve a term of one (1) year; three (3) of the members shall serve a term of two (2) years; four (4) of the members, including the YWCA Lower Cape Fear CEO, or designee, shall serve a term of three (3) years. Members shall serve no more than two (2) full successive terms, unless there is a break of at least one (1) full term between appointments. Regular Meetings: Fourth Wednesday of every month at 4:00 p.m. Statute or cause creating Board: BOCC bylaws adopted August 12, 2019. Brief on the functions: The Commission shall be organized for the purpose of acting as an advocate for women and a resource of information on the status of women in New Hanover County for the New Hanover County Board of Commissioners (Board) and Wilmington City Council (Council): • To identify the status of women and assess the needs of women in New Hanover County (County) and the City of Wilmington (City); • To provide a status of women in New Hanover County report on an annual basis to the Board and Council; • To provide information and recommendations to the Board and Council on the needs and issues important to women as it deems necessary in improving and upholding the opportunities in employment, education and community services for all people, regardless of sex; • To work toward the betterment of the status of women with respect to employment and educational opportunities, health services, child care services, welfare services, financial services, and community leadership opportunities; • To serve as an umbrella to coordinate and support all women's initiatives, organizations, and networks in the County and the City including coordinating and cooperating with the YWCA and other organizations involved in activities on the status of women; and • To conduct educational seminars in collaboration with other organizations for residents and businesses in the County and the City. Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION New Hanover County Members Kristi Baker 2010 Little Palm Way Wilmington, NC 28409 10/21/19 5/31/23 910 - 599 -7398 (C); 910 - 667 -7080 (W) Sheila Evans 818 Bradshaw Terrace Wilmington, NC 28409 10/21 /19 5/31/23 910 - 233 -5480 (C) Bhairavi Jeganathan 2153 Fowler Street Wilmington, NC 28403 10/21/19 5/31/23 443 - 424 -2472 (C) Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 2 NEW HANOVER COUNTY COMMISSION FOR WOMEN CONT. Dr. Stephanie R. Johnson 908 Hazel Bill Court 10/21/19 5/31/21 Wilmington, NC 28409 504 - 473 -1082 (C) Natosha Tew 5128 Greenville Loop Road, Apt. C 10/21/19 5/31/22 Wilmington, NC 28409 910 - 777 -1444 (C); 910 - 765 -7458 City of Wilmington Members Jane Birnbach 233 Racine Dr., Unit 6 2/18/20 2/18/22 Wilmington, NC 28403 910 - 612 -0891 (C) 910 - 763 -4424, ext. 110 Katherine Kirby 718 Indica Court, Apt. 301 5/19/20 5/19/22 Wilmington, NC 28405 252 - 289 -4747 (C) Kimberly Spader 411 S. 18th St. 3/17/20 3/17/21 Wilmington, NC 28403 910 - 585 -5223 (H) Bridget Tarrant 111 South 911 St. 2/18/20 2/18/22 Wilmington, NC 28401 708 - 917 -1148 (C) Kathryn C. Wandling 916 Arboretum Dr. 3/17/20 3/17/21 Wilmington, NC 28405 910 - 508 -8209 (C) YWCA Lower Cape Fear CEO or Designee: Velva Jenkins, CEO 10/21/19 10/31/22 910- 799 -6820 Ex. Officio Member: Representative of the North Carolina Council for TBD TBD Women TBD Staff liaison: Linda Thompson Chief Diversity and Equity Officer 230 Government Center Dr., Suite 120 Wilmington, NC 28403 Revised 08/2020 910- 798 -7414 Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 3 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Carol Kennedy < application @webformsnhcgov.com> Sent: Thursday, August 27, 2020 1:39 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Commission for Women Attachments: Carol -J- Kennedy - Wilmington- NC.doc Board or Committee being applied to: New Hanover County Commission for Women Name Carol Kennedy Email cik28403 @gmail.com Home Address 1201 Porches Drive Wilmington, North Carolina 28409 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (315) 430 -4621 Cell Phone (315) 430 -4621 Years living in New Hanover County 5 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race Caucasian Age 60 Do you have a family member employed by New Hanover County? No Applicant's Employer Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 4 Retired Occupation Retired Professional Activities Retired sales (pharmaceutical) Marketing (private corporation) Volunteer Activities YWCA Lower Cape Fear, Board President 1/2019 - 6/2020 Women's Impact Network of New Hanover County, Membership Chair 2026 -2019 Girl's Leadership Academy, Volunteer coordinator 2015 -2016 Sterling Place HOA President 2016 -2018 AARP, Voter information and 50 +advocate New Hanover County Arboretum, events Opera Wilmington, events PTO President, Oneida, NY Girl Scout Troop leader Why do you wish to serve on this board or committee? As a mother of two daughters who are professional working women, I feel it is my duty to speak as a voice for all women, young and old, regardless of race, religion, or other individual orientations. I am passionate about women being able to earn a living wage to support their families, having been in a life situation where I had to provide for a family of five while experiencing workplace discrimination and sexual harassment. I have seen firsthand in my career the issues of women and healthcare access through my office calls on primary care and OB /GYN offices; even in my own life, I have had times of no health insurance coverage for maternity care as well as having to pay the exorbitant cost of COBRA coverage. I have also been a single mother on food stamps and WIC, so I know how demeaning it is to feel low self- esteem, less fortunate, and victimized. I grew up in Philadelphia in a lower -class neighborhood and have seen friends and family alike struggle in hard economic times. I can be a strong voice for advocacy and change. Bringing data and like -minds together to address and solve these problems can be done with collaboration and communication. I would be honored to be a part of this committee and help bring about positive change for women. What areas of concern would you like to see addressed by this committee? Cross- collaboration between organizations to promote the training and employment of women. Example: YWCA New Choices, Step -Up Wilmington, and others, to find ways to effectively and efficiently utilize available resources and advocate for living wages for women. Cross- collaboration between women's healthcare providers: Planned Parenthood, Cape Fear Clinic, MedNorth, etc. to provide expanded and shared resources to address maternity, birth control, breast health, and other issues that are directly impacting women. and disproportionately. women of color. -- Address the human trafficking in our county through direct collaboration between law enforcement and organizations such as A Safe Place that work on this issue. Increased child care funding so that women can work outside of the home in a meaningful job while knowing their children and well cared for. Qualifications for serving: My previous career as a pharmaceutical sales representative made me very familiar with health issues specifically impacting women, and I can speak to many issues therein. I know the importance of providing facts and statistics when presenting an issue and a solution to support and advocate for change. In five years of living in Wilmington, I have been fortunate to know several community leaders and elected officials, whom I can call upon when a concern is raised among my friends and associates. Clear and effective, and dedicated communication is what I am known for, and I have done numerous presentations to any number of audiences, both community, and business. Volunteering at the YWCA, GLOW, Foodbank, and hearing numerous presentations from non - profits has made me keenly aware of our county's needs. Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Velva Jenkins Reference 1 Phone Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 5 (910) 523 -0531 Reference 2 Jenny Callison Reference 2 Phone (910) 599 -0891 Reference 3 Deloris Rhodes Reference 3 Phone (910) 256 -0281 Additional comments: Thank you for the opportunity to apply for this seat on the New Hanover County Commission for Women. I welcome further inquiries. Upload additional information. • Carol -J- Kennedy - Wilmington- NC.doc Date 08/27/2020 Consent 1 understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. RECEIVED BOG OFF . Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 6 CAROL T. KENNEDY 1201 Porches Drive • Wilmington, NC 28409 (315) 430 -4621 • cjk28403 @gmail.com SALES AND MARKETING EXPERIENCE Oneida Public Library, Capital Campaign Coordinator • Completed one -year contract for $6 million project • Research grants and write letters of introduction, add PayPal account • Plan events: Storybook Tea Party, OPL BBQ, Drive for Five • Manage invitations, tickets, advertising, press releases, organized volunteers • Create and publish calendar for fundraiser and public awareness for $6 million campaign • Team with local Boy Scouts and ARC for recyclable collection and Spring cleaning • Design and distribute OPL totes, buttons, bumper stickers CNY Fertility Center, Practice Development /Outreach Coordinator Syracuse, NY Oneida, NY Oct. '13- Oct.'14 • Planned and implemented marketing strategies, special events, promotional pieces Jan. '11 —Nov. '12 • Established relationships with OB /GYN offices through sponsorships, educational lectures, etc. • Initiated contact with PRIDE Associations, Parenthood for Me, Chambers of Commerce • Worked collaboratively; recruited and trained team; managed budget, solved problems, multi- tasked to achieve goals • Results: Increased overall referrals in 2011 by 41 %; new client consults increased 56% first quarter 2012 vs. 2011 Top 20 % of referring providers increased referrals by 85% in 2011 Columbia Labs /Watson, Sales Representative • Successfully marketed to OB /GYN and IVF centers Organized events: Grand Rounds, preceptorship, educational dinners, and speaker presentations Responsible for growth in key NY State accounts as well as development of new prospects Results: Grew market share 57% first quarter 2009 and continued to exceed goal by 162% Schering- Plough, Sales Representative • Marketed to primary care and specialty physicians Planned and conducted educational programs within the Syracuse area Results: Vytorin 114.36 %, Zetia 109.07 %, Levitra 98.41%, Clarinex 113.5% Novartis, Senior Sales Consultant • Marketed to primary care and specialty physicians • Planned all aspects of numerous events, presentations, and daily meetings • Called on OB /GYN, Urology, neurology, geriatrics, endocrinology Albany- Buffalo, NY Aug. '09 —Jan. '11 Syracuse, NY Dec. '07 — Aug. `09 Syracuse, NY Apr. '99 — June '07 • gastroenterology, dermatology, podiatry, cardiology, rheumatology • Results: Named company MVP, 2004 and 2006 for ranking top 10% in Region; grew market share over 300 %. Grew product share at 200% above national average, consistently exceeded goals COMMUNITY VOLUNTEER • YWCA Lower Cape Fear, Board President 2019 -2020 Wilmington, NC • Girls' Leadership Academy, volunteer Coordinator Wilmington, NC • Women's Impact Network of New Hanover County, Membership Chair Wilmington, NC • AARP, Advocate, tax center, voter information Wilmington, NC • Cape Fear Clinic, marketing, donor mgt. Wilmington, NC • Opera Wilmington, events Wilmington, NC • New Hanover County Arboretum, events Wilmington, NC • Wanderer's Rest Humane Associatiorboard of Commissioners - November 16, 2020 Canastota, NY o Researched and wrote grants ITEM: 23- 2 - 7 CAROL T. KENNEDY 1201 Porches Drive • Wilmington, NC 28409 (315) 430 -4621 • cjk28403 @gmail.com o Provided instruction on Logic Model building, Volunteer Training, Grant Writing • Karing Kitchen Soup Kitchen • Created the "Karing Cookbook" which has raised over $10,500 for kitchen renovations • Solicited advertising, collected 440 recipes from area chefs, sold at markets county-wide • Oneida Healthcare Center • Board member for Fit Kids program in collaboration with YMCA • Researched grant opportunities based on program criteria and participant demographics • Winter Gala committee member 2013, 2014 Events: • Lemoyne 5K Walk /Run • Corporate Gift Baskets • Dunk and Bright Health Fair • Rome Memorial Hospital Health Fair • Syracuse Chamber of Commerce: "Business Before Hours" • Buffalo Chamber of Commerce: Presentation • Sponsorships with LGBT, PRIDE Parades Oneida, NY Oneida, NY • Parenthood for Me gala • Ronald McDonald House Celebrity Fashion Show • MDA Lock Up • 2012 Zoo Day Client Appreciation Event: 5,000 attendees • New York Women's Expo, Albany ADDITIONAL TRAINING Member: Oneida Rotary 2013- Present Member: Association of Fund - Raising Professionals 2013 -2014 Member: American Grant Writer's Association 2013 -2014 Census Data Workshop- Syracuse Community Geography Maximizing Website Fund Raising- Association of Fund- Raising Professionals Advanced Grant Writing -CNY Community Foundation Tapping into Corporate Philanthropy -CNY Community Foundation Donor Visits- Association of Fund- Raising Professionals Major Gift Campaigns- Association of Fundraising Professionals 12 Mistakes of Major Gift Campaigns and How to Avoid Them Grant Seeking Basics- Nonprofit Works Ongoing Network for Good webinars Utilizing Census Data CNY Consolidated Funding Advanced Grant Writing Event Planning DISC Communication Styles Leadership Without Authority Executive Presentation Skills Dimensional Sales Building Psychology of Selling Seven Habits of Highly Effective People EDUCATION • Ursinus College, Bachelor of Arts in English, Minor in Communications Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 8 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Vanessa Lacer < application @webformsnhcgov.com> Sent: Thursday, October 1, 2020 12:46 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Commission for Women Board or Committee being applied to: New Hanover County Commission for Women Name Vanessa Lacer Email vanessa.lacer.ncCaDgmail.com Home Address 1812 Grace St Wilmington, North Carolina 28405 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910) 742 -3103 Years living in New Hanover County 30 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race White Age 40 Do you have a family member employed by New Hanover County? No Applicant's Employer Cape Fear Public Transportation Authority- Wave Transit Occupation Community Engagement Manager (Mobility Manager) 1 Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 9 Professional Activities Past Board Vice Chair of the disAbility Resource Center, Past Chair of the Cape Fear Disability Commission, Member of the North Carolina Transportation Association ( NCPTA), Past NCPTA Conference Planning Co- Chair, Co- Founder North Carolina Mobility Options Vision and Education Network (NC MOVE), 2021 class of Leadership Wilmington Volunteer Activities Paws for People, Domestic Violence Shelter and Services, Nourish NC, Habitat for Humanity Why do you wish to serve on this board or committee? I want to serve on the Commission for Women in order to be a part of a framework that lifts, supports, and improves the lives of women in our community. When a women's quality of life and economic circumstances improve, it improves the life of her entire family and has the power to shift generational patterns of poverty and abuse. I have deep roots in this community and a long history of volunteer service. Several of my commitments have just ended and I am looking for a new opportunity to give back some of the support and mentoring I have received over the years, as well as hopefully aid in creating a more equal, supportive, and inclusive community for all our mothers and daughters. What areas of concern would you like to see addressed by this committee? Support for LGBTQ women and girls; support for girls and women with disabilities, support for older adult women, support for Native American girls and women, expanded mentorship, educational, and career support for low- income women and girls; support for mothers (including a focus on breastfeeding); and a strong focus on the inclusion of women's stories into our local history Qualifications for serving: Masters in Public Administration, BS in Public Sociology with a concentration in Gender Inequality and a Minor in Women's Studies. Mother of an LGBTQ daughter. Other municipal or county boards /committees on which you are serving: None (Past Chair of the Cape Fear Disability Commission (joint City/County Commission)) List three local personal references and phone numbers: Reference 1 Rob Zapple, NHC Commissioner Reference 1 Phone (910) 798 -7306 Reference 2 Kitty Yerkes, Donor Relations Director Cape Fear Museum Reference 2 Phone (910) 798 -4370 Reference 3 Sarah Daniels, Executive Director of NHC Disaster Coalition Reference 3 Phone (910) 386 -1702 Additional comments: Thank you for the opportunity to apply! Date 10/01/2020 Consent 2 Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 10 VI understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. RECEIVED C-L"'T 01 2020 8 0 C OFF. Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 11 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Meaghan Lewis < application @webformsnhcgov.com> Sent: Tuesday, September 29, 2020 11:38 AM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Commission for Women Board or Committee being applied to: New Hanover County Commission for Women Name Meaghan Lewis Email meaghanellewis(a)gmail.com Home Address 215 Kenwood Ave. Wilmington, North Carolina 28405 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (919) 607 -2417 Cell Phone (919) 607 -2417 Years living in New Hanover County 1.5 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race White Age 31 Do you have a family member employed by New Hanover County? No Applicant's Employer Cape Fear Collective Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 12 Occupation Director of Programs Professional Activities Talent Pipeline Management - Certified Practitioner District C - Certified Coach Volunteer Activities Junior League of Wilmington, NC - Co- Chair, Community Outreach Committee StepUp Wilmington - Member, Board of Young Professionals Why do you wish to serve on this board or committee? I wish to serve on this Commission to help accelerate gender equity in New Hanover County. I want to serve on this Commission with other women that are dedicated to lifting up the voices and concerns of women in our community. To contribute to a Commission that is working quickly and fairly to address concerns of women. I seek to support the many individuals and organizations that are working to uplift women each day in our community. I want to help build the Commission's reputation as a support network for these individuals and organizations. They should be confident the Commission will share their good work with the community and help remove barriers when they encounter them. What areas of concern would you like to see addressed by this committee? I would like the following issues to be considered by the Commission: - pay equity - equitable health care access and quality - more equitable representation of women in leadership and high -tech roles - decreasing sex and labor trafficking in our region with a focus on supporting the victims - highlighting resources available to women in our community and limiting the barriers to access - inclusive economy through a gender lens - child care access and quality - COVID -19 impacts on women in the workforce Qualifications for serving: I believe I'm qualified for serving on this Commission from both personal and professional experiences. Professionally, in working with Cape Fear Collective, I've gained valuable experience in community engagement and collaboration. As a team, we are regularly illuminating inequities within our community and supporting those that are on the front lines combating those inequities. It has also allowed me to broaden my awareness of all the bright spots within our community and the people, resources, and organizations working to support individuals and equity in our community. Regardless of my appointment to the Commission, I'd like to continue to cultivate a partnership between the Commission and Cape Fear Collective where we might assist with data science, project management, and collaboration around gender equity. Personally, I have had to navigate both positive and negative experiences as a woman in the workplace which I'll bring with me to the Commission. My membership with the Junior League of Wilmington, NC (JLW) has also allowed me to hear the experiences and perspectives of a diverse group of women in our community. Engagement with JLW provides me an opportunity to consider more voices than just my own in Commission discussions. Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Kate Groat Reference 1 Phone (910) 398 -4863 Reference 2 Stefanie Adams Reference 2 Phone (215) 768 -0603 z Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 13 Reference 3 Patrick Brien Reference 3 Phone (585) 749 -7255 Additional comments: Thank you for your consideration. Date 09/29/2020 Consent I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. cziv SEP 2 9 2020 BOC OFF, Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 14 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Suzie McCabe < application @webformsnhcgov.com> Sent: Thursday, September 10, 2020 12:02 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Commission for Women Board or Committee being applied to: New Hanover County Commission for Women Name Suzie McCabe Email suzie.mccabe(@nhrmc.org Home Address 1384 Goldengrove Lane Wilmington, North Carolina 28411 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910) 467 -2094 Cell Phone (910) 515 -5363 Business Phone (910) 667 -3568 Years living in New Hanover County 2 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race White Age 49 Do you have a family member employed by New Hanover County? No Board of Commissiorlers - November 16, 2020 ITEM: 23- 2 - 15 Applicant's Employer New Hanover Regional Medical Center Occupation Women's & Children's Director Professional Activities ACHE Member Nursing Leadership COVID Operations Leadership Volunteer Activities Habitat House Good Shepard Why do you wish to serve on this board or committee? I relocated from Jacksonville NC after commuting for 5+ years working at New Hanover Regional Medical Center. I previously served as an active board member in Onslow County (County Partnership for Children, Women's Center for Domestic Violence). Former member of the NC State Child Fatality Review Team. Initiated Onslow County's "Young Mom's Connect" and Mom -Talk community blog. Served on the Onslow County Health Department as an educator for Family Services Training. I was able to impact local change serving on the committee to build a local child advocacy center and keep our families local. I have always found purpose in serving /giving back to the community as a voice of support for local and surrounding residents. To influence valuable changes that support members of the communities and to leverage what works well. What areas of concern would you like to see addressed by this committee? Access to the resources that facilitate and enhance autonomous, holistic well- being. A diverse foundation of thought and voice. Qualifications for serving: As outlined above, I have previously enjoyed my service on county boards and within the community. Having just under 30 years of healthcare experiences, I have dedicated more than half my career to serving the best outcomes for both women and children. While I come seasoned, I am eagerly open to possibility. Other municipal or county boards /committees on which you are serving: No current board service. List three local personal references and phone numbers: Reference 1 Christy Spivey Reference 1 Phone (910) 279 -4664 Reference 2 LaKeisha Dixon Reference 2 Phone (910) 632 -4750 Reference 3 Pamela Vest Reference 3 Phone (910) 546 -6566 Date Board of Commissior�,6rs - November 16, 2020 ITEM: 23- 2 - 16 09/10/2020 Consent 'PI understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. SEP 1 p 1020 BOC OFF. Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 17 18/04/2019 16:31 9109624290 LINIVERS I TYCW -EGE NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GoveMment CenW Dnbo, Sufi 175 Telephone W71 COMMITTEE APPLICATION Telephone (910) 788 -71�f9 FAX (910) 798-7145 Board/Committee. New 8anov" County Conmitssion for Women Name: Emily Morgan PAGE 82/92 C Ai N � E -Mall, em•morgan442 @gmai1.cam Home Addness:204 s. 15th Street Wilmington, 28401 --mm—OFT } Naffing Address If different: Home Phone: (Zip Code) FaxM, Cell. 910-795-8669 Business: Years living in New Hanover C UMy. 7 Male: Female: ✓ Race.-White qge 26 preformation for the purpame ofasswfng a cross- sectbn of the communty) Do you have a family member employed by New Hanover County? H yes, name Employer university of Nc - Wilmington A person oWren by free sgancy or wRch WS !S mage, Masi realgn hjaftr podfion wm ftW anover unry upon app L aceordance withArficte W Sa0. d ofthe NewHenoverCouny Persomrol PcWcy. Awthermaro, eppticant shouldhave rro hmmedJate/enuY membeye b department. Y mp yed by eueh eyeney or Occupsoon: project llaaistant Professional Activities: vNcW Staff Senate chair VolunteerAcdvitfes: YWCA and newly StepQp Why do you wish to serve on this board/committee? Z am a connector who creates and uses innovative solutions to bring together groups with similar invented interests. Cordtic t of MterMSf: jV0 board member behaves haft he has a =Ad orPotentiW eord►rct of Wemst an a pMtfe,der iseuq But member should state this awto the other members Ot hl6rhd reapecove board dminp a pubflc meeting The member ahv&d sbte the nature of the oonnkt dehrCnp out He/she has a separate, private, or monetary Imeres; erMer dr)eef or lndarot G Jn the Issue Wrdar eoneama6an. The member #how then arouse hlmsefterseffhom voting on Me metres What areas of concem would you like tome addressed by this committee? Women's health (not limited to reproductive and mental health) and improving women leadership. Qual/Rcadons for serving: Woman, mom of three, campus loader, local activist for Women r a rights Other munlolpal or county boards/committees on which you are serving: None at this time. List three local personal references and phone numbers: f. Melissa rrid1le 803- 448 -5719 2 Kristen Dice 910- 508 -3499 Of F . S. COi'3.' Slruokboia 920 -600 -6931 Date: 10/04/2019 VVW 5i ' M,4, �ZZ -signature � 1 �-ti ApWfcaf&ns air—eTijif an ale for is men At i understand that any a of committee rote* maybe /ealeved without cause by a major/ or County Commitalonera, Please use reverse aide fos additlonal comments Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 18 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Sandra Oglesby < application @webformsnhcgov.com> Sent: Sunday, October 4, 2020 11:46 AM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Commission for Women Board or Committee being applied to: New Hanover County Commission for Women Name Sandra Oglesby Email soglesby0l (cDgmail.com Home Address 1508 Rockhill Rd Castle Hayne., North Carolina 28429 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910) 675 -8040 Cell Phone (910) 409 -7952 Years living in New Hanover County 20 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race Black American Age 59 Do you have a family member employed by New Hanover County? No Applicant's Employer New Hanover Regional Medical Center 1 Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 19 Occupation Clinical Coordinator, Registered Nurse Professional Activities Certified Medical Surgical Nurse Member of the Academy of Medical Surgical Nurses Member of North Carolina Nurses Association Member of Sigma Theta Tau International Honor Society of Nursing Member of the American Nurses Association Volunteer Activities Member of The New Hanover County Commission of African American History Member of the New Hanover County NAACP and the current Mother of the Year Past member of the Community Advisory Committee Why do you wish to serve on this board or committee? I am concerned about the well being and state of the women in general as I am a mother of three daughters. New Hanover County as well as other communities should always look for ways and areas of improvement. I would like to be a part of the improvement process as it relates to community health for women and things that affect women. What areas of concern would you like to see addressed by this committee? Women's health Access to healthcare Education and healthcare to underserved communities Conditions and events that negatively affect women and their ability to be a good parent Qualifications for serving: 1 am a woman who has experienced many obstacles and through perseverance and determination acquired success, in my professional and personal life. Being a mother of four children and a grandmother of four, I have something to offer to those who are struggling with work -life balance and many other things that may affect their ability to be and feel successful in both their personal and professional life. Other municipal or county boards /committees on which you are serving: NHCC on African American History List three local personal references and phone numbers: Reference 1 Beth Irland Reference 1 Phone (910) 620 -5617 Reference 2 Deborah Maxwell Reference 2 Phone (910) 508 -9414 Reference 3 Donna Sterkagos Reference 3 Phone (910) 632 -4395 Date 10/04/2020 2 Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 20 Consent �f I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. 1BC .' 1,j iL'z3 OCT Q 5 2020 BOC OFF. 3 Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 21 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Anne Russell < application @webformsnhcgov.com> Sent: Monday, September 14, 2020 10:15 AM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Commission for Women Board or Committee being applied to: New Hanover County Commission for Women Name Anne Russell Email a ru sse I I9 (c) e c. rr. co m Home Address 602 Bradley Creek Point Wilmington, North Carolina 28403 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910) 256 -3457 Years living in New Hanover County 40 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race W Age 82 Do you have a family member employed by New Hanover County? No Applicant's Employer self Occupation Professor UNCW (retired), Licensed Professional Counselor, (retired), Author /Publisher Board of Commissidners - November 16, 2020 ITEM: 23- 2 - 22 Professional Activities UNCW Osher Lifelong Learning Institute: "The Constructive Role of Dissent" Volunteer Activities NAACP ACT -SO mentor, Author 1898 Commemoration Drama "No More Sorrow To Arise" Coordinator 1898 Memorial sculpture committee Wilmington Tree Commission, City - County Consolidation Commission Why do you wish to serve on this board or committee? I have been an activist on behalf of women and minorities for decades: charter member Atlanta NOW, chaired Hawaii Women's Political Caucus, author Patsy T. Mink: Political Woman What areas of concern would you like to see addressed by this committee? Human trafficking in New Hanover County Self- defense classes in public schools Domestic violence Qualifications for serving: PhD American Studies, Professor of Women's Studies and Communication, taught Race Relations, author Wilmington A Pictorial History Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Dr. Melton McLaurin Reference 1 Phone (910) 392 -0395 Reference 2 Rhonda Bellamy Reference 2 Phone (910) 343 -0998 Reference 3 Dr. Anne York Reference 3 Phone (402) 216 -7750 Date 09/14/2020 Consent ,°" l understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. RECZ1V i SEP 14 2020 Board of Commissibners - November 16, 2020 B O C 0 F F . ITEM: 23- 2 - 23 Kianpour, Dahria Subject: Application for New Hanover County Commission for Women From: application @webformsnhcgov.com < application @webformsnhcgov.com> Sent: Wednesday, September 02, 2020 5:08 PM To: Crowell, Kym <KCrowell @nhcgov.com >; Kianpour, Dahria <dkianpour @nhcgov.com> Subject: Application for New Hanover County Commission for Women Board or Committee being applied to: New Hanover County Commission for Women Category Name April Scott Email avri1063 (d)gmail.com Home Address 1406 Weimaraner Ct. Wilmington, North Carolina 28411 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910) 431 -2512 Cell Phone (910) 431 -2512 Years living in New Hanover County 18 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race African American Age 45 Do you have a family member employed by New Hanover County? Board of Commissionlers - November 16, 2020 ITEM: 23- 2 - 24 No Applicant's Employer Brunswick Community College Occupation Director, Small Business Center Professional Activities I work with new entrepreneurs in the planning phases of starting a business, business owners that have needs growing and or closing. My overall goal is to help businesses start, grow and thrive. Volunteer Activities I'm currently a board member of a non - profit based in Wilmington called Going Beyond the Pink. We support member of the CF Area that are currently going through cancer treatment. Why do you wish to serve on this board or committee? I have found entrepreneurs are overwhelmed with how to get started, where to go for support, where to get problems resolved, etc. By sitting on this committee, I can not only offer the community of entrepreneurs a voice but as a support person to the county in ensuring entrepreneurs and business owners concerns are addressed. What areas of concern would you like to see addressed by this committee? I'm not sure at this time what exact concerns may need to be address but I do know there is always need for support to business owners or those interested in starting a business. Qualifications for serving: I have lived and worked in the CF Area (New Hanover & Brunswick Counties) for 20+ years in the non - profit and for profit sectors. I feel I have the professional and educational background to support the causes /mission of the business community committee. Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Velva Jenkins Reference 1 Phone (910) 523 -0531 Reference 2 Damn McNeill Reference 2 Phone (910) 583 -1104 Reference 3 Tammika Brown Reference 3 Phone (910) 612 -1156 Additional comments: Mrs. Velva whom currently serves on this board felt my knowledge, passion and skill sets would be helpful. I believe in giving back to the community in which I live, I believe business owners are the backbone of every community and need all the support Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 25 they can get. I would be more than glad to share any additional information needed to make a decision on my ask for a seat on this committee. Date 09/02/2020 Consent I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. 0': r nn r) SEP 0 3 2020 BOC OFF Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 26 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board /Committee: Name: Home Address I Mailing Address if different: j (City) L010233-3377Business: (Zip Code) Home Pho44 ?! y Z l ax: l � [1i C,t°e Years living in New Hanover County: r Male: Female:_ Racer Ager (Infor ion for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name Employer. A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Professional Activities:v Vt�ly Y l Vol teer ti ities. „ Ur� l //' % D ri 6 n CQ (ALf CL n C� Why do you ►Ois to serve on this oar commi ee . I-K 4-;:11 /t 111-2, nkgl- W hb 16 U)4-h y _4-J416V -1 C Cc.h-D,4 m4d i� JI Conflict of Interest: if a boar member believes he /she has a conflict or potential conflict of interest on a particular issue, that mem r should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private, or monetary interest either direct or indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? List three local personal references and phone numbers: 1. L�JAZLK -- q /0 lip 2. 3. b�! l Date: Signature Applications ate kept on file fol 18 months I understand that any b9ard Please use reverse side for additional commens of COmITE�fi�l23- °'hY7 ITEM: 23- 2 - 27 committee appointee may be removed County Commissioners. Pr�R (,;� �n., y �'�5 (,scho-�) wvyk- 46 c71/�J0 DGV cl'J' 1 �n /1 L.w ��ndf/1d CD lilll�l M i661CA'1 4'-ilv 7�J6Y�1pIt , I u a �5 CA,101 �I trwI c&O �D h �,p b EbLr -4-1) t/I Gl r)64 acv fr Board of 202 0 � ers - N v tu- � w11Y � ommi ion ber 1 M:t i 6 v> cQ At m4 ctkffJ) AA-1 IT Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Lauren Vilar < application @webformsnhcgov.com> Sent: Tuesday, September 22, 2020 10:21 AM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Commission for Women Attachments: Sept- 2020 - resume.pdf Board or Committee being applied to: New Hanover County Commission for Women Name Lauren Vilar Email lauren (aDwilmington- counseling.com Home Address 140 Rogersville Rd. Wilmington, North Carolina 28403 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (919) 604 -1979 Business Phone (910) 210 -6010 Fax (910) 210 -2033 Years living in New Hanover County 8 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race White Age 32 Do you have a family member employed by New Hanover County? Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 29 No Applicant's Employer LMV Counseling Occupation Clinical Social Worker /Business Owner Professional Activities Current: NHC Resiliency Task Force- Healthcare Subcommittee, BCBS NC Provider Advisory Group, Seeds of Healing volunteer, owner of group counseling practice LMV Counseling Why do you wish to serve on this board or committee? My passion for serving and helping women is long standing and I hope to assist in implementing lasting change in our local community. What areas of concern would you like to see addressed by this committee? Access to care, support services for women and children, address disparities faced by women Qualifications for serving: In my professional career I have specialized in assisting women overcome substance use issues and anxiety. I assisted in the creation and launching of the Tides of Wilmington non profit program, serving women with opioid use disorders with wrap around services for the mother -baby dyad. During previous employment I was also part of the Neonatal Abstinence Syndrome Committee with NHRMC. In graduate school, I assisted with breast cancer research and supporting programs that increased support for women and their families. Several years ago, I volunteered with A Safe Place here in Wilmington. My volunteer efforts in the past and professional activities have centered around advocating for women and increasing supports. Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Mary Wisecup Reference 1 Phone (304) 444 -1808 Reference 2 Jamie Washington Reference 2 Phone (910) 550 -7392 Reference 3 Rebecca Dawson Reference 3 Phone (336) 266 -0247 Upload additional information. • Sept- 2020- resume.pdf Date 09/22/2020 Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 30 Consent I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. t Z ;D SEP 2 2 2uzo BOC OFF, 3 Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 31 Lauren Vilar, (919) 604 -1979 Page 1 of 2 LAUREN MOSER VILAR, MSW, LCSW, LCAS (919) 604 -1979 • laurenAwilmington- counseling com LICENSURE: Licensed Clinical Social Work, NCSWCLB C009009 Licensed Clinical Addictions Specialist, NCSAPPB LCAS -20222 EDUCATION: University of Maryland, Baltimore May 2012 Masters in Social Work (GPA: 4. 1), Clinical Mental Health, specialization substance abuse University of North Carolina Wilmington May 2010 Bachelor of Arts, Psychology (GPA: 3.89), magna cum laude DIRECT PRACTICE EXPERIENCE: LMV Counseling, PLLC, Owner, Psychotherapist, and Speaker December 2017 - present • Manage a team of four therapists providing trauma informed, evidence -based interventions to adults struggling with mental health and/or substance use issues. • Implement effective empirically based interventions to assist individuals in healing from mental health and substance use disorders • Specialties include trauma, addiction, treatment of opioid- dependent pregnant women, and counseling for individuals on opioid medication - assisted recovery • Provide workshops, seminars, and lectures to educate community members on strategies to reduce stress, increase mindfulness, and promote self -care Tides, Inc., Supervisor and Consultant June 2018- September 2019 • Implemented and carried out the organization's mission, coordinated objectives, strategies and goals to manage efficient well -run projects • Created a connection of community resources to provide services to opioid using pregnant women • Led the nonprofit into developing strategy, internal logistics, organizational models, staffing, and leading program activities • Adhere to approved budget and identify areas of savings Coastal Horizons Center, Outpatient Therapist January 2014 -June 2018 Outpatient Substance Use Disorder and Mental Health Treatment, Wilmington, NC • Utilize a person- centered and systems approach through the use of evidence -based interventions of Motivational Interviewing, CBT, ACT, dialectical techniques, and strengths -based perspectives • Conduct comprehensive clinical assessments, create person - centered plans, and provide individual and group therapy to individuals with substance use and mental health disorders • Specialty populations include providing treatment for opioid using pregnant women, providing trauma - focused CBT to adolescents and trauma - informed care to adults Wilmington Treatment Center, Substance Abuse Counselor June 2012- December 2013 Inpatient Substance Use Disorder Treatment Center, Wilmington, NC • Provided individual therapy, small group therapy, and case management to a young adult caseload of 13 -20 patients in a fast -paced environment while maintaining an average of over 90% quality assurance in the documentation • Completed biopsychosocial assessments, prioritized needs, and developed person- centered treatment plans • Utilized motivational interviewing, cognitive- behavior therapy, mindfulness, crisis intervention and Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 32 Lauren Vilar, (919) 604 -1979 dialectical behavior therapy techniques in psychotherapy Page 2 of 2 Educated and developed a motivational interviewing training for treatment assistants to assist with paraprofessional staff - patient relations SPEAKING ENGAGEMENTS: Addiction Recovery for Women, NASW NC Conference December 2018 • CEU provided for various disciplines focusing on challenges, opportunities, and engagement Speaker to BSW and MSW Classes, UNCW Social Work Department Fall 2017 -Fall 2018 • Invited by Kevin Connolley to present to MSW and BSW students NC State Park Scholarship Learning Lab, Wilmington, NC March 2018 • Recognized as a local leader in addiction treatment. Invited to present on the opioid epidemic. WWAY local news featured presentation. Grandparent support Group, Wilmington, NC March 2018 • Presentation on addiction and the brain and basic recovery models. Department of Social Services Foster Care Group, Wilmington, NC Recurring from June 2017 • Presentation on addiction and the brain, basic recovery models, and the effect of addiction on the family system Seeds of Healing Radio Show, Wilmington, NC April 2017 • Invited to provide education for the general public regarding marijuana use, prevalence, risks and benefits, and resources for marijuana use disorder treatment DREAMS of Wilmington, Wilmington, NC 2015 • In person presentation to staff about developmentally appropriate behaviors for adolescents exposed to trauma Wilmington Treatment Center, Wilmington NC 2012 • "Motivational Interview Techniques" Presentation for paraprofessional staff to improve staff - patient relations University of Maryland Baltimore, Baltimore, MD 2011 -2012 • "Safe Space Training" Presentation to university faculty and students to explain the role of "safe spaces," dispel myths about the LGBTQI community, provide correct information, and educate individuals on the importance of sexual orientation and gender identity to one's sense of self RESEARCH: Komen Breast Cancer Research Assistant, UMB School of Social Work September 2010 - February 2011 Researched and developed education modules on the psychosocial impacts experienced by breast cancer survivors RELEVANT TRAINING. CERTIFICATION. MEMBERSHIPS: BCBS of NC Provider Advisory Panel July 2020- present NHC Resiliency Task Force April 2018- present Seeds of Healing, volunteer and contributor July 2017 - present Neonatal Abstinence Syndrome NHRMC Workgroup April 2014 -June 2017 North Carolina Foundation for Alcohol and Drug Studies Summer School August 2017 • Foundation scholarship winner NC Foundation for Alcohol and Drug Studies Clinical Supervision Training July 2016 Equality NC Volunteer Advocacy May 2016 -March 2017 CPR and First Aid Certification February 2012 - present Trauma- Focused CBT Training, NC Child Treatment Program Duke/MUSC Collaborative August 2015 • 42.5 hours of specialty trauma - specific training Board of Commissioners - November 16, 2020 ITEM: 23- 2 - 33 COMMITTEE APPOINTMENTS New Hanover County Cooperative Extension Advisory Council Vacancies: 5 Terms: 3 years, expiring 12/1/23 Applicants Eligible For Reappointment Nominations Dietrich Blum X Colleen M. Higgins X Paul R. Jefferson Marrio Jeter Jennifer Keeling Charles F. Mincey X Daniel Spann Dave Spencer Terri Veneziano Attachments: Committee Information Sheet Applications Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 1 NEW HANOVER COUNTY COOPERATIVE EXTENSION ADVISORY COUNCIL Members: 16 Terms of Office: Initial terms shall commence December 1, 2017. Terms will be staggered as determined by the Board of Commissioners to serve one -year, two -year, and three -year terms. All appointees will serve in at -large capacities. Purpose: Cooperative Extension is a partnership between New Hanover County Government and North Carolina's two Land Grant universities — N.C. State in Raleigh and N.C. A &T State in Greensboro. Primary responsibilities include: 1. Provide input and direction for educational programming conducted by Cooperative Extension staff and volunteers in the areas of Consumer and Commercial Horticulture, 4 -H Youth Development, Family and Consumer Sciences, and Environmental Education. 2. Serve as an advocate for Cooperative Extension with citizens, community leaders, and elected officials. 3. Participate in and support Cooperative Extension programs and events. 4. Partner with the New Hanover County Friends of the Arboretum, the New Hanover County Master Gardener Association, other agencies, non - profit organizations, and companies to improve /expand facilities and services. Meetings: Four times yearly, held in auditorium at the New Hanover County Arboretum Statute or cause creating council: Cooperative Extension Director requested County Commissioners appoint members 1/23/2006. Revised membership structure approved 5/6/2013; 11/20/2017. Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Carol Bales First 12/1/17 12/1/20 4709 Rushing Drive Wilmington, NC 28409 l� Vj 910 - 632 -6681 (H) 910 - 795 -7052 (C) Nathan Bales First 12/1/17 12/1/18 4709 Rushing Drive Second 11/13/18 12/1/2021 Wilmington, NC 28409 910 - 632 -6681 (H) 910 - 431 -4774 (C) Jamille Bitting First 11/18/19 12/1/22 814 North 3rd St. Wilmington, NC 28401 336- 493 -8207 Dietrich Blum Unexpired 6/15/20 12/1/20 226 Brightwood Ct. Wilmington, NC 28409 TeT `L S 828 - 678 -9375 (C) 910 - 798 -7274 (W) r Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 2 COOPERATIVE EXTENSION ADVISORY COUNCIL PAGE 2 Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 3 0 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Qailinn C. Bowen First 12/1/17 12/1/20 937 S. 8th Street Wilmington, NC 28401 910 - 685 -3218 (C) 'v 1 Gabriella A. de Souza First 3/12/18 12/1/21 4011 Park Ave. Wilmington, NC 28403 910 - 470 -7240 (C) Nicolas A. Field First 3/12/18 12/1/21 838 Shinnpoint Rd. Wilmington, NC 28409 910 - 338 -6554 (C) Clayton Hamerski First 1/22/18 12/1/19 153 Yorktown Dr. Second 11/18/19 12/1/22 Wilmington, NC 28401 910 - 352 -7991 (H) Coleen M. Higgins First 12/1/17 12/1/20 7720 Masonboro Sound Road Wilmington, NC 28409 262 cc (0-Q�J - 910- -3641 (C) Susan Jewell First 12/1/17 12/1/18 208 North Channel Haven Second 11/13/18 12/1/21 Wilmington, NC 28409 910 - 297- 3001(C) Shirley Melito First 12/1/17 12/1/19 3818 Mayfield Ct. Second 11/18/19 12/1/22 Wilmington, NC 28412 910 - 922 -0887 (C) 910 - 798 -6642 (W) Charles F. Mincey First 12/1/17 12/1/20 5433 Widgeon Dr. Wilmington, NC 28403 G 910 - 799 -5391 (H) 910 - 262 -1143 (W) Sherri Robinson First 11/13/18 12/1/21 4412 McClelland Dr. Wilmington, NC 28405 910 - 409 -5274 (C) Christy Spivey First 12/1/17 12/1/19 5422 Saltwater Run Second 11/18/19 12/1/22 Wilmington, NC 28409 910 - 617 -4564 (H) & (C) 910 - 279 -4664 (W) Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 3 0 COOPERATIVE EXTENSION ADVISORY COUNCIL PAGE 3 Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 4 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION William S. Walsh First 12/1/17 12/1/18 4520 Exuma Lane Second 11/13/18 12/1/21 Wilmington, NC 28412 910 - 409 -1654 (C) Scott A. Winslow First 12/1/17 12/1/19 6805 Hardscrabble Ct. Second 11/18/19 12/1/22 Wilmington, NC 28409 910 - 228 -8995 (H) & (C) 910 - 239 -9130 (W) Lloyd Singleton, Director Cooperative Extension Service File: /Cooperative Revised 06/2020 6206 Oleander Drive Wilmington, NC 28403 910 - 253 -2610 (0) 910 - 253 -2612 (Fax) Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 4 Kianpour, Dahria From: application @webformsnhcgov,com on behalf of DIETRICH BLUM < application @webformsnhcgov.com> Sent: Tuesday, May 26, 2020 3:01 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Cooperative Extension Advisory Council Board or Committee being applied to: New Hanover County Cooperative Extension Advisory Council Name DIETRICH BLUM Email dietrichblum(cDgmail.com Home Address 226 BRIGHTWOOD CT WILMINGTON, North Carolina 28409 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (828) 678 -9375 Cell Phone (828) 678 -9375 Business Phone (910) 798 -7274 Years living in New Hanover County 3 At Personal information collected below is to assure a cross - section of the community is represented. Gender Male Race White Age 46 Do you have a family member employed by New Hanover County? Yes Board of Commissio4ers - November 16, 2020 ITEM: 23- 3 - 5 What is /are their name(s)? Kate Baillon- New Hanover County - Cape Fear Museum Applicant's Employer New Hanover County- HHS - Environmental Health Occupation Environmental Health Specialist Professional Activities Environmental Health- Inspection / Education / Regulation of: Food, Lodging, Institutions, Public Swimming Pools, Body Art, Child Care, and Lead Poisoning Prevention Volunteer Activities None at this time. I am currently looking for opportunities to volunteer. Why do you wish to serve on this board or committee? I strongly believe in the mission of Cooperative Extension. It would be an honor to serve as an advocate for New Hanover County Cooperative Extension, working to increase the services on offer and working to improve the infrastructure and facilities. My education, professional experience, and life experience would make me a valuable contributor in determining the direction of educational programming offered by Cooperative Extension. I would be excited to be an active participant in Extension events and programming. What areas of concern would you like to see addressed by this committee? As a organization which serves all of New Hanover County, it is important to ensure that all residents of the county have meaningful opportunities to be enriched from services provided by New Hanover County Cooperative Extension. Qualifications for serving: Education: BS Biology- Warren Wilson College MS Plant, Soil, and Environmental Science- NC A &T State University Advanced Graduate Certificate in Waste Management- NC A &T State University I have professional and educational experience in many of the areas in which Cooperative Extension offers services. I have worked in agriculture and horticulture, landscaping and gardening, mycology, teaching mushroom log inoculation, teaching food safety, and production of non - timber forest products. I have experience in urban agriculture, home food preservation, natural resource management, and integrated pest management. Having both educational and hands on experience across this wide range of subjects qualifies me to serve on the New Hanover County Cooperative Advisory Council. Other municipal or county boards /committees on which you are serving: None. List three local personal references and phone numbers: Reference 1 Marie Hemmen Reference 1 Phone (910) 547 -0797 Reference 2 Mike Hams Reference 2 Phone (910) 297 -5772 Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 6 Reference 3 Jessica Wyatt Reference 3 Phone (276) 235 -0570 Date 05/26/2020 Consent VI understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. �d.�ed X0(16(20 BOC OFF, Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 BoardlCommittee: PERM Ow Name: I leeo Ml i7Ad E -Mail: Home ��2_0 (`( SC)ObVb end Dodd Mailing Address N different: (City) (Zip Code) Home Phone: Fax: 0 Cell: Business: Years living In A / , New Hanover County. Male: Female: ✓ Race: y V Age: (O I (Information for the purpose of assuring a cross - section of the community) 1 Do you have a family member employed by New Hanover County? If yes, name I � D Employer. A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover Counly upon appointment in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Professional Activities: Volunteer Activities: Why do you wish to serve on this board(committee? Conflict of interest: if a board member believes he/she has a conflict or potential conflict of intelbst on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict detailing that he/she has a separate, private, or monetary interest, either director indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? Jt_ "im %)O 1 __U% D1" Qualifications for serving: - da) d 147AQ -kfm reJld e, ed,U /aZ J'�)/' //liA 3 � /�rr�sc�`�ncP ba�:klqr4 Other municipal or county boards/committees on which you are serving: List three local personal references and phone numbers: T, CEIV'+ D 1. .Laol d b'do'e( 9 10 - z. -4- 4Ia b 3. C(C` I� � � a �t-}- 4 - _ qa 9 �L- 8 0 C u r r . 44v�� Date: i%i (a '�,'j�Signature _/)2. Applications are kept ob file for 18 months I understand thatAny board or committee appointee removed Boa d of COMMA Oersca" oeftlera�ri %OffountyCommissioners. Please use reverse side for additional cornmen�s ITEM: 23- 3 - 8 7 1,00AIV 11k 7'0 6e 1/Gkolaed dS T /baler �nlwa2i PesldelTl 07 7 %e A�w //bile/ (�w d Oarfel)-' Mgi))h er Ae fq;iIvI5 W qt'-&j G� iY�► 7/1� role Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 9 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION =` Telephone (910) 798 -7149 =r` FAX (910) 798 -7145 Board/Committee: New Hanover County Cooperative Extension Advisory Council Name: Paul R. Jefferson E_Mail:prdj@ec.rr.com Home Address:125 Kingston Road Wilmington 28409 (Street) (Zip Go de) Mailing Address if different. N/A (City) (Zip Code) Home Phone: 910- 616 -8309 Fax: N/A Cell: 910 - 616 -8309 Business. N/A Years living in New Hanover County: 23 Male: ✓ Female: Race: Black Age: 65 (Information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name No Employer Staff -1 Event Services (based in Durham. NC; work done locally) A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Security guard Professional Activities: PPS licensee (Private Protective Services board) ; P/T teacher, health info Volunteer Activities: member, Unitarian church choir;Assoc. member VFW;member,1898 Memorial Comm Why do you wish to serve on this board/committee? The domestic, economic, educational /environmental skills& information promoted by the Extension Service are essential services to community. Conflict of Interest: If aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private, or monetary interest, either director indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? Promotion of home -based projec & skills development to enhance home life, the environment and for personal satisfaction. Qualifications for serving: I was raised in farm state (KS),and as a (former) journalist I have experience promulgating,writing /promoting civic - minded programs;good communication skills. Other municipal or county boards/committees on which you are serving: N/A List three local personal references and phone numbers: 1. Barbara Sullivan / 910- 763 -2426 2. Thom Potratz / 910 - 352 -2541 J 3. Pam Sander / 910 - 343 -2250 Date: May 30, 2020 v)gj4 l L0I (; Signature Applications are kept on file for 18 months I understand tha ny board Wcomr~Wppointee may be removed Please use reverse side for additional comnsd of Commiwrtooetsat o beyabmaj��CityB �ou Commissioners. ITEM: 23- 3 - 10 Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 11 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Marrio Jeter < application @webformsnhcgov.com> Sent: Thursday, October 29, 2020 12:15 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Cooperative Extension Advisory Council Board or Committee being applied to: New Hanover County Cooperative Extension Advisory Council Name Marrio Jeter Email marrio.jeter _nhcs.net Home Address 6120 Riverwoods Dr Apt 101 Wilmington, North Carolina 28412 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910) 409 -0232 Years living in New Hanover County 20 Personal information collected below is to assure a cross - section of the community is represented. Gender Male Race African American Age 44 Do you have a family member employed by New Hanover County? No Applicant's Employer Communities In Schools of Cape Fear Occupation Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 12 Non Profit Administration Professional Activities Director of Operations for CIS of Cape Fear Community Resilience Model Trainer NHC Disaster Coalition Co -Chair of the Child Welfare Subcommittee NHC Team Member for the Injury Free NC Volunteer Activities Youth Minister Praise Team Member at The Sanctuary of Wilmington Why do you wish to serve on this board or committee? I can provide input and direction for educational programming conducted by Cooperative Extension staff and volunteers in the areas of Consumer and Commercial Horticulture, 4 -H Youth Development, Family and Consumer Sciences, and Environmental Education in regards to vulnerable & underserved youth. I will proudly serve as an advocate for Cooperative Extension with citizens, community leaders, and elected officials and participate in and support Cooperative Extension programs and events. What areas of concern would you like to see addressed by this committee? Utilizing the Cooperative Extensions existing services within community based programming that will help promote healthy living and nature Qualifications for serving: Registered voter and tax payer of NHC for 20 years Other municipal or county boards /committees on which you are serving: N/A List three local personal references and phone numbers: Reference 1 Louise Hicks Reference 1 Phone (910) 512 -6589 Reference 2 Jerry Oates Reference 2 Phone (910) 228 -3342 Reference 3 Jill Larson Reference 3 Phone (910) 599 -5239 Date 10/29/2020 Consent �I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. D OCT 2 9 2020 Board of Commissioners - November 16, 2020 B O C OFF, ITEM: 23- 3 - 13 10/16/2020 14:01 FAX NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Govemment Center Drive, Sub 175 Wilmington, NC 28403 Telephone (910) 798 -7149 FAX (910) 798 -7145 COMMITTEE APPLICATION Board/Committee: New Hanover County Cooperative Extension Advisory Council Category (if applicable): At -Large [a 0001/0001 � couNtr.NO,t �Z z Name: Jennifer Keeling E -Math. I keeling.jenny@gmail.com Home Address: 5256 Woods Edge Rd (Street) Mailing Address if different: Home Phone: (Cib) Fax: Cell: (919) 618 -8613 Business: Years living in New Hwover County: 16 Male: Female: Race: w (Information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? K yes, name: 28409 Age: 41 -_ Applicant's Employer. Port City Neurosurgery & Spine, P.C. In accordance with Article Vl, Sec. 7 of the New Hanover County Personnel Poft a person cunenty employed by the agency or department for wh,cb this application is made must resign IJsrher position with New Hanover County upon appointment. Furthermore, the applicant should have no Immediate fenuTy member employed by such agency or department. Occupation: Executive Director Professional Activities: Medical Group Managers Association; NERVES (neurosurgery executives) Volunteer Activities: Hobby Greenhouse Club (former treasurer and publicity) Why do you wish to serve on this board/ committee? I'm interested in being more involved in the community and I'm actively involved with the Hobby Greenhouse Club, which pre -Covid met monthly at the Arboretum. I thought this might be a good introduction to serving on a board and in an area I enjoy. Conglct of lntenear If a board member believes he/she has a conflict or polenbal conflict of interest on a parbcularissue, that member should stale this belief to the other members of Nsrrror respective board during a public meeling. The member should state the nature of the conflict, detafling that hafshe has a separate, private, or monetary interW either direct or;nd irect, in the issue under consideration. The member should then excuse himseftorself from votne on the matter. What areas of concern would you like to see addressed by this committee? Qualifications for serving: At this moment I'm unaware of any concerns that may exist, but I'm an excellent problem solver. Masters degree in Business; helped start local business Port City Neurosurgery & Spine in 2009, active in local gardening and plant organization (Hobby Greenhouse Club), went to 4-H camp as a kid Other municipal or county boards/committees on which you are serving: none - this would be my first List three local personal references and phone numbers: TT i 1. Lauren Henderson 910 - 352 -6819 2 Josh Stehno 910 -431 -3436 OCT 3. Danielle LeRay 910 -465 -0642 B O C O F F, Date: 10/16/2020 Signature Jennifer Keeling, MBA a,e'�Q11a. 611:38 0-04W "'�' Applications are kept on We for 18 months I understand that any board or committee appointee may be reproved without cause by a majority of County Commissioners. Please use reverse side for additional comments Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 14 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149' :_ FAX (910) 798 - 7145 Board /Committee: New Hanover County Cooperative Extension Advisory Board Name: Charles F. Mincey E -Mail: Minceycharles @hotmail.com Home Address: 5433 Widgeon Drive, Wilmington, NC 28403 (Streell' ny. {_Ip ,ore) Mailing Address if different: Home Phone, 910- 799 -5391 Fax: (City) (zip Code) Cell: 910-262-1143 Business: Years living in New Hanover County: 36 Male: ✓ Female: Race: Caucasian Age: 67 (Information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? if yes, name Employer Soil and Materials Engineering (S&ME, Inc.) K ;tiYG1 A A person currently employed by the agency or department for which this application is made, must resign hrsrber position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: Business Development Professional Activities: Society of American Military Engineers Volunteer Activities: New Hanover County Cooperative Extension Advisory Board - 2 terms Why do you wish to serve on this board/committee? To continue interface /assist Extension Staff to get the word out on all the Great Programs offered. Conflict of Interest. If a board member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private, or monetary interest, either director indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? Continue the Foods & Nutrition , 4H, and Master Gardner Programs. Qualifications for serving: Served the Advisory Board for the past 6 years. Other municipal or county boards/committees on which you are serving: None RECEIVEE .- List three local personal references and phone numbers: BOC OFF. 1 Al Hight - New Hanover County Agricultural Extension - 798 -7666 2 Pam Foe - S&ME, Inc. - 799 -9945 3. John Lenfestey - NC State Ports Authority - 251 -5673 �wn�� 0 tZ7(2C� % f Date: October, 17 , 2017 1 Signature,__ f ( �t%S•C his ' l -'. t' Applications are kept on file for 18 months i understan that any board or committee appointee may be renio ed without cause by a majority of County Commissioners. Please use reverse side for additional comments Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 15 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Daniel Spann < application @webformsnhcgov.com> Sent: Friday, October 30, 2020 1:29 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Cooperative Extension Advisory Council Board or Committee being applied to: New Hanover County Cooperative Extension Advisory Council Name Daniel Spann Email spann(c-)pbcdesignbuild.com Home Address 937 Saltspray Lane Wilmington, North Carolina 28409 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910) 443 -0338 Cell Phone (910) 443 -0338 Business Phone (910) 763 -8760 Years living in New Hanover County 10 Personal information collected below is to assure a cross - section of the community is represented. Gender Male Race white Age 41 Do you have a family member employed by New Hanover County? No 1 Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 16 Applicant's Employer PBC Design + Build Occupation Director of Construction Professional Activities Director of Construction at PBC Design Build. 2010 - Present. LEED Accredited Professional since 2009. Experience in residential and commercial construction. Volunteer Activities Watchdog dad - Coddington Elementary Assistant soccer coach PISA Chess Club teacher at Coddington Elementary in the past. Why do you wish to serve on this board or committee? To help with the understanding of the interaction with development and the environment. Construction plays an important role in everyone's lives. It is necessary to know how construction impacts the environment and community. This is not only during the construction process, but after construction and how development shapes our environment. I hope to be a person that can represent the construction and development sector and share my thoughts on construction and the environment. What areas of concern would you like to see addressed by this committee? Construction and development practices that benefit the environment and community. Qualifications for serving: LEED Accredited Professional. (Leadership in Energy and Environmental Design) 2009. B.S. Industrial Technology, Construction Management with a minor in Geography - Appalachian State University 2004. 15 years of experience in the construction industry. Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 David Spetrino Reference 1 Phone (910) 443 -0746 Reference 2 Cameron Moore Reference 2 Phone (910) 540 -1154 Reference 3 Matt Scharf Reference 3 Phone (910) 538 -9901 Additional comments: 2 Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 17 Thank you for your consideration of my application. I look forward to serving our community and adding value to the council. Date 10/30/2020 Consent *#**I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. OCT 3 0 2020 B 0 C OFF , 3 Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 18 c ` Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Dave Spencer < application @webformsnhcgov.com> Sent: Tuesday, October 20, 2020 6:01 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Cooperative Extension Advisory Council Board or Committee being applied to: New Hanover County Cooperative Extension Advisory Council Name Dave Spencer Email sspap58(cDaol.com Home Address 3505 Whispering Pines Court Wilmington, North Carolina 28409 United States Map It Mailing Address (if different from home address) 3505 Whispering Pines Court Wilmington, NC 28409 United States Map It Home Phone (910) 254 -4275 Cell Phone (910) 512 -1184 Business Phone (910) 254 -4275 Years living in New Hanover County 37 Personal information collected below is to assure a cross - section of the community is represented. Gender Male Race Caucasian Age 61 (for another 2 weeks) Do you have a family member employed by New Hanover County? 1 Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 19 No Applicant's Employer New Hanover County Schools Occupation Educator Professional Activities For nearly 40 years I have worked with young people and adults in the education field, as a teacher, coach, athletic director, asst. principal, principal (all at the high school level) and Safety Director and Hearing Officer for NHCS for the last 10 years. Volunteer Activities I am very involved with our church (Sunday School teacher, Bible Study leader, Praise Band), the Fellowship of Christian Athletes, Meals -on- Wheels weekend deliveries Why do you wish to serve on this board or committee? I wholeheartedly believe in the youth of today and want to help expose them to the opportunities offered throughout the Cooperative Extension Service. As principal of Hoggard, we offered the largest horticulture class and experiences in NHCS, and I saw the positive impact it had on students, many who never would have had the opportunity to work with and learn about plant life up close and personal. What areas of concern would you like to see addressed by this committee? I would like to see more youth exposed to the benefits of working with their hands, working with the earth, seeing plants grow as well as working with animals. I'm not sure we're using our most productive resources — people, to help show and teach youth about the things of nature which help us sustain ourselves. Qualifications for serving: I am a product of an agricultural background. I was raised on a dairy farm in the piedmont, then moved to the Foothills when my daddy took a job with the NC Agricultural Extension Service. He served as an agent and then Chairman of the County for nearly 20 years, after managing the dairy farm for nearly 20 years. I was involved in 4 -H as I showed livestock and later served on some judging teams in my teen years. I have spent my adult life serving students and the community and make no plans to stop; even though I am planning on retiring within a year's time, I still plan on being actively involved in our community. Other municipal or county boards/committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Chief Deputy Ken Sarvis Reference 1 Phone (910) 7984200 Reference 2 Major B. Blackmon Reference 2 Phone (910) 7984200 Reference 3 Steven Still Reference 3 Phone (910) 798 -6910 Date 2 Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 20 10/20/2020 Consent VI understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. R�� f -�'? OCT 2 12020 BOC OFF, 3 Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 21 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of terri veneziano < application @webformsnhcgov.com> Sent: Wednesday, October 28, 2020 7:17 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Cooperative Extension Advisory Council Board or Committee being applied to: New Hanover County Cooperative Extension Advisory Council Name terri veneziano Email terriv67 _msn.com Home Address 5006 Brenwood Court Wilmington, North Carolina 28409 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (732) 662 -0643 Years living in New Hanover County 5 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race white Age 54 Do you have a family member employed by New Hanover County? No Applicant's Employer Columbus Regional Healthcare System Occupation Vice President Nursing and Patient Care Services 1 Board of Commissioners - November 16, 2020 ITEM: 23- 3 - 22 Professional Activities Member of Coastal Carolina Health Alliance Board Member Dream Center - Columbus County Member of Many National Nursing Organizations Volunteer Activities 4H activities while living in NJ Why do you wish to serve on this board or committee? I have a passion for horticulture and agriculture. I grew up in NJ with a family who was very involved in farming and my husband and I are both very committed to the protection of our environment. In my role at the hospital in Columbus county I work closely with our hospital chaplain and faith based leaders to provide education to community members about preventative health and nutrition. I would like to be active in the community where I live to support horticulture, environmental protection , health and nutrition to members of my community. I believe it is important to begin with our youth. What areas of concern would you like to see addressed by this committee? Health and nutritional education of our youth. Environmental Protection. Qualifications for serving: I believe my clinical background as a nurse for 30+ years gives me a strong foundational understanding of community health needs. Other municipal or county boards /committees on which you are serving: I serve as Board Member for Dream Center of Columbus County. List three local personal references and phone numbers: Reference 1 Jeremy Simmons Reference 1 Phone (910) 770 -1398 Reference 2 Rachel Dunbar Reference 2 Phone (910) 770 -5629 Reference 3 Barbara Biener Reference 3 Phone (910) 795 -7584 Date 10/28/2020 Consent I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. RE rk, �-' I E 7, 1 I-kT 1 r, D OCT 2 9 2020 Board of Commissioners - November 16, 2020 B C F ITEM: 23- 3 - 23 New Hanover County Juvenile Crime Prevention Council Vacancies: 2 Category: Under Age 21 Terms: 1 — 2 years, expiring 9130122 1 — Unexpired, expiring 9130121 NOTE: Appoint one applicant in each term Applicant Eligible For Reappointment Cate o Nominations Hazel Eyles Under Age 21 Alexandra Rivenbark Under Age 21 Attachments: Committee Information Sheet Applications Board of Commissioners - November 16, 2020 ITEM: 23- 4 - 1 NEW HANOVER COUNTY JUVENILE CRIME PREVENTION COUNCIL Members: Limited to no more than 26. 12 appointed by the Commissioners in the following categories: Member of faith community, 2 school students under age 21, juvenile defense attorney, member of business community, parks and recreation representative, 7 at-large, and county commissioner or designee. Agency Representatives: School superintendent or designee, chief of police or designee, local sheriff or designee, chief district judge or designee, district attorney or designee, chief court counselor or designee, AMH/DD/SA director or designee, substance abuse professional, county manager or designee, health director or designee, DSS director or designee, and United Way or other non-profit member. Terms: 2-year terms (Changed from 3-year terms to reflect requirements of General Statutes) Regular Meetings: Meetings are held seven times a year (3rd Friday at 12:00 p.m.) in Human Resources Training Room B in the New Hanover County Government Center, 230 Government Center Drive, Wilmington, NC. Statute or Cause Creating Task Force: NC General Assembly established JCPC on 12/21/98. Revised membership GS 1438 -846. House Bill 593 was passed as of July 1, 2020 which updated the Under Age category to age 21 (changed from the Under Age 18). 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. Board of Commissioners - November 16, 2020 ITEM: 23- 4 - 2 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Business Community John Dismukes First 10/16/17 9/30/19 4166 Breezewood Dr. #204 Second 9/16/19 9/30/21 Wilmington, NC 28412 910-465-4250 (H) Faith Community Clifford D. Barnett, Sr. First 10/16/17 9/30/19 4949 Wythe Place Second 9/16/19 9/30/21 Wilmington, NC 28409 910-799-4646 (H) 757-537-2019 (C) Juvenile Defense Attorney First 2/18/19 9/30/21 Emily Jones 138 Pinecliff Dr. Wilmington, NC 28409 910-231-3104,(C) 910- 762- 7771(W) Under Age 21 (2 members required) Vacant 9/30/22 Board of Commissioners - November 16, 2020 ITEM: 23- 4 - 2 JUVENILE CRIME PREVENTION COUNCIL (CONT.) Board of Commissioners - November 16, 2020 ITEM: 23- 4 - 3 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Macy Killian 10/21/19 9/30/21 Wilmington, NC Members-at-Large Martin Green First 10/1/18 9130/20 146 Stokley Dr. Second 9/21120 9/30/22 Wilmington, NC 28403 336-327-4368 (C) Carolyn Jackson First 9/21120 9/30/22 610 Varsity Dr. Wilmington, NC 28403 910-520-6083 (C) Beth Looney First 9121/20 9/30/22 4214 Crockette Rd. Wilmington, NC 28409 901-616-9151 (H) Eric Lytle First 9/18/17 9/30119 400 Bayfield Drive Second 9/16/19 9/30121 Wilmington, NC 28411 910-617-4015 (C) 910-509-5124 (W) Wanda M. Marino Unexpired 2/18/19 9/30/19 7519 Promontory Court First 9116/19 9130/21 Wilmington, NC 28412 910-471-9001 (C) Kelly C. Silivanch First 10/1118 9/30/20 1205 Beeston Court Second 9/21/20 9/30122 Wilmington, NC 28411 910-617-8287 (C) 910-39-4602 (W) County Commissioners' Designee 9121/20 Undesignated Tufanna Bradley, Assistant County Manager 1650 Greenfield St. Wilmington, NC 28401 910-798-7174 Board of Commissioners - November 16, 2020 ITEM: 23- 4 - 3 JUVENILE CRIME PREVENTION COUNCIL (CONT.) Board of Commissioners - November 16, 2020 ITEM: 23- 4 - 4 TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Agency Representatives: District Attorney's Office: Lillian Salcines- Bright Undesignated DSS: Mary Beth Rubright Health Department: Carla Turner Judge of District Court: Judge JH Corpening, Chair Juvenile Justice / Courts: Robert Speight NHC Schools: Julie Varnum Public Defender's Office: Lyana Hunter Sheriff Department: Sgt. E. Granada or Lt. E. Brown Substance Abuse Center: Ryan Estes Trillium Health Resources — Southern Regional Area Board: David Williams United Way: Tommy Taylor Wilmington City Police: Melissa Moore Youth Empowerment Program: Chris Preston NC JJ &DP Consultant: Pamela Stokes File: /JCPC Staff liaison /support: Wendy DuBose Revised: 09/2020 Board of Commissioners - November 16, 2020 ITEM: 23- 4 - 4 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Hazel Eyles < application@webformsnhcgov.com > Sent: Wednesday, September 30, 2020 10:12 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Juvenile Crime Prevention Council Board or Committee being applied to: New Hanover County Juvenile Crime Prevention Council Category UnW- Name Hazel Eyles Email hazel.eyles(a)-student. nhcs. net Home Address Mailing Address (if different from home address) Home Phone Cell Phone Years living in New Hanover County 13 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race white Age 13 Do you have a family member employed by New Hanover County? Board of Commissioners - November 16, 2020 ITEM: 23- 4 - 5 No Applicant's Employer Student at Murray Middle School Occupation student Professional Activities I am a member of Beta Club and Principal's Advisory Council at my school. Volunteer Activities I volunteer at Teen Court and have been doing it for the past year. I also volunteer at my church. Why do you wish to serve on this board or committee? I would like to serve on this committee because teen court has taught me about the challenges my peers face and I would like to be able to help them more. It is very important to me that all people have a fair and equal opportunity for success, and I believe this committee can contribute to that. Being on this committee would give me a new perspective and allow me to contribute to my community. I am passionate about helping people and the best way I can help, is to fully understand what they need. I hope you will consider me for this position. What areas of concern would you like to see addressed by this committee? Through my work with teen court, one of the biggest problems I see is that my peers don't always have the adult support needed to be successful. I believe we need more adult mentors in our schools, especially high schools, so that kids have someone to encourage them and believe in them. The other concern I would like to address is that I want to make sure kids understand they are not "less than" because of their economic status. I want them to have resources to help them succeed in all of their passions and have equal opportunities to explore those passions. Qualifications for serving: I have volunteered for teen court for the past year. I have taken a leadership class and have used my leadership skills in beta club and principal's advisory council. I am an honor roll student and take pride in my work. Other municipal or county boards /committees on which you are serving: none List three local personal references and phone numbers: Reference 1 Crystal Shook - teacher Reference 1 Phone (910) 790 -2363 Reference 2 Kelly Oakley - teacher Reference 2 Phone (910) 790 -2363 Reference 3 Emily Jones Reference 3 Phone (910) 231 -3104 Additional comments: 2 Board of Commissioners - November 16, 2020 ITEM: 23- 4 - 6 It would be an honor to serve my community in this way. Thank you for your consideration. Date 09/30/2020 Consent I understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. 3 Board of Commissioners - November 16, 2020 ITEM: 23- 4 - 7 Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Alexandra Rivenbark < application @webformsnhcgov.com> Sent: Friday, August 28, 2020 4:36 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Juvenile Crime Prevention Council Board or Committee being applied to: New Hanover County Juvenile Crime Prevention Council Category Under 21 Name Alexandra Rivenbark Email alexerivenbark(aD,gmail.com Home Address 5601 Captains Lane Wilmington, North Carolina 28409 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (910) 398 -5046 Years living in New Hanover County 20 Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race White Age 20 Do you have a family member employed by New Hanover County? No Applicant's Employer N/A Board of Commissio4ers - November 16, 2020 ITEM: 23- 4 - 8 Occupation Student Professional Activities Summer Internship with Chief District Court Judge Corpening Volunteer Activities Young Life leader /team leader HOBY Junior Staff Organized free Youth Soccer Camp Why do you wish to serve on this board or committee? After a summer of interning with Judge Corpening in juvenile court, I have developed a passion for investing in young people and helping all youth succeed or at least have the best opportunity to do so. Every Tuesday, I had the ability to witness how families' lives could change so quickly and how a young person's life could change just as quickly and usually more. I want to be a part of the efforts to prevent crime in young people, and also to mediate the lifelong consequences that a teenager may face for a dumb decision that they made early on in life. My career goal is to become a judge that works in juvenile court and I think that being a part of this committee will help equip me to serve effectively in that role at some point. What areas of concern would you like to see addressed by this committee? I would like to see how we can address the intervention with juveniles before they are committing crime and also look at what kind of programming is being done afterwards to identify possible contributing behaviors or circumstances and how we can assist in mediating those for juveniles. Qualifications for serving: Under 21 Young Life leader /team leader HOBY Junior Staff Other municipal or county boards /committees on which you are serving: None List three local personal references and phone numbers: Reference 1 Judge J. Corpening Reference 1 Phone (910) 617 -5130 Reference 2 Jean Hall Reference 2 Phone (910) 431 -8276 Reference 3 Caroline Bell Reference 3 Phone (336) 529 -4600 Date 08/28/2020 Consent Board of Commissioners - November 16, 2020 ITEM: 23- 4 - 9 VI understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. FED:' =:ITT D AUG 2 8 2020 BCC OFF, Board of Commissioners - November 16, 2020 ITEM: 23- 4 - 10 COMMITTEE APPOINTMENT New Hanover County Non - County Agency Funding Committee Vacancy Category: Public Safety /Judicial Term: 3 years, expiring 6/30/23 Applicant Eligible For Reappointment Category Nominations Marvin Brooks Public Safety /Judicial Attachments: Committee Information Sheet Application Board of Commissioners - November 16, 2020 ITEM: 23- 5 - 1 NEW HANOVER COUNTY NON - COUNTY AGENCY FUNDING COMMITTEE Number of Members: 7 members appointed by the County Commissioners as follows: 1 member for each of the following categories: At- Large, Educational (pre -k thru 12), Faith - Based, Seniors /Elders, Business/Workforce Training, Public Safety /Judicial, and Cultural /Recreation . Term of Office: Initial terms will be staggered. Terms will be set by the Board of Commissioners by lottery in order to determine who will serve the initial two (2) year and three (3) year terms. Thereafter, terms will be for three years; no member shall serve more than two (2) full successive terms. Meeting Schedule: As needed between September 1St and March 30th of each fiscal year. Eligibility: Appointees must disclose all board positions and /or paid employment with non - profit agencies in their application. It is the responsibility of the appointee to ensure his /her list of board positions and employment maintained by the Clerk to the Board's Office remains current. If an agency directly affiliated with an appointee applies for funding, the appointee will be recused from that funding deliberation and decision. Established: November 6, 2017. Brief on the functions: The purpose of the Non - County Agency Funding Committee is to review and score outside agency requests; recommend agencies to fund and amount per agency (total not to exceed allocable budget); and provide feedback to agencies. Board of Commissioners - November 16, 2020 ITEM: 23- 5 - 2 I TERM OF OFFICE CURRENT MEMBERS CATEGORY APPOINTMENT EXPIRATION Elizabeth DeBiasi 6105 Blenheim Place Educational (pre -k First 1/22/18 6/30/21 Wilmington, NC 28409 thru 12) 910 - 399 -7446 (H) 910 - 264- 3548(C) Gail Eddie 614 Orange St. Seniors /Elders Unexpired 6/30/21 Wilmington, NC 28401 12/16/19 804 - 519 -6819 (C) Fred Gainey 1521 Cadfel Ct., #103 At -Large First 1/22/18 6/30/20 Wilmington, NC 28412 Second 6/15/20 6/30/23 910 - 620 -8823 (C) 910 - 799 -3435 (W) William N. Lewis 541 McEachern Court Cultural/ Recreation First 1/22/18 6/30/21 Wilmington, NC 28412 910- 515 -6262 Vacant Public Safety/ Judicial 6/30/23 Randy Reeves 3212 Snowberry Ct. Business/ Wilmington, NC 28409 Workforce Training First 1/22/18 6/30/21 910 - 262 -5311 (H) 910 - 251 -5455 (C) Board of Commissioners - November 16, 2020 ITEM: 23- 5 - 2 I Vacant _ 4 Ive _ Faith -Based 6/30/23 Staff Liaison: File: OAF Michelle Daniels, Budget Officer Rev.: 09/2020 Finance Department 230 Government Center Drive, Suite 165 Office: 910- 798 -7211 Board of Commissioners - November 16, 2020 ITEM: 23- 5 - 3 Kianpour. Dahria From: application @webformsnhcgov.com on behalf of Marvin Brooks < application @webformsnhcgov.com> Sent: Thursday, October 8, 2020 4:20 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Non - County Agency Funding Committee Attachments: Brooks- resume. pdf Board or Committee being applied to: New Hanover County Non - County Agency Funding Committee Category Public Safety Name Marvin Brooks Email buddybrooks22(cDamail.com Home Address 537 catamaran dr Wilmington, North Carolina 28412 -3490 United States Map It Mailing Address (if different from home address) United States Map It Home Phone (919) 538 -7920 Years living in New Hanover County 4 Personal information collected below is to assure a cross - section of the community is represented. Gender Male Race White Age 28 Do you have a family member employed by New Hanover County? Yes What is /are their name(s)? 1 Board of Commissioners - November 16, 2020 ITEM: 23- 5 - 4 Jordan Hill Applicant's Employer Town of Leland Fire /Rescue Occupation Captain Professional Activities Center for Public Safety Excellence designated Fire Officer. North Carolina State Firefighter's association. North Carolina association of Fire Chiefs. North Carolina Emergency Management's All- Hazard Incident Management Team. Volunteer Activities Previously, United Way. Why do you wish to serve on this board or committee? I would like to be more involved in the community. As a local government leader, it is important to be involved within the community that I live. With my prior experience in public safety, I will be able to assist with making the right choices when it comes to executing the duties of the committee. This would also be a great learning opportunity. What areas of concern would you like to see addressed by this committee? To ensure fiscal and ethical responsibility and to ensure that the committee upholds the values and mission statement of New Hanover County as it pertains to their duties. Qualifications for serving: CPSE Fire Officer Designee, AAS Fire Science, Fire Officer 3, Fire Instructor 1, All- Hazards Division /Group Supervisor, All - Hazards Safety Officer, All-Hazards Logistics Section Chief. Other municipal or county boards /committees on which you are serving: None. List three local personal references and phone numbers: Reference 1 Matt Sellers Reference 1 Phone (678) 851 -9684 Reference 2 John Stephenson Reference 2 Phone (910) 540 -6819 Reference 3 Kevin Womble Reference 3 Phone (919) 810 -0827 Upload additional information. • Brooks- resume.pdf Date 2 Board of Commissioners - November 16, 2020 ITEM: 23- 5 - 5 10/08/2020 Consent VI understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. OCT 0 g 2020 BOC OFF 3 Board of Commissioners - November 16, 2020 ITEM: 23- 5 - 6 Marvin Brooks 537 Catamaran Drive Wilmington, North Carolina, 28412 919 - 538 -7920 buddybrooks22 @gmail.com Summary Fire Service professional with 11 plus years of well - rounded experience including operations, logistics, disaster response and recovery. I am seeking to obtain a Chief level position. Education Columbia Southern University Associates Fire Science Orange Beach, Alabama Graduated February 2020 Associates in Fire Administration. Currently enrolled in the Bachelor's of Fire Administration degree as well. Wake Forest- Rolesville High School High School Diploma High school diploma, early graduate. EmDloXment History Graduated January 2010 Pender EMS & Fire Burgaw, North Carolina Lieutenant/Relief Battalion Chief /Special January 2017- Present OperationsTeam Leader Serve as a company officer on fire and rescue apparatus. Serve as a Special Operations Team Leader, Coordinate search and rescue, swift water, dive, fire operations, and other all- hazards events during deployments. Serves as fire branch director during EOC activations. Member of the Emergency Operations Center during activation's, Serves on numerous committees, and assist with coordinating the Ocean Rescue Program and the State Medical Assistance Team (SMAT). Wilmington International Airport Firefighter /EMT Wilmington, North Carolina April 2016 - January 2017 Performed general firefighting duties. Responsible for planning mass casualty exercises, training personnel in NIMS, Airport badging and credentialing, FAA part 139 Emergency Action Plan revision and editing, and airport operations. Hopkins Fire Department Firefighter /EMT Zebulon, North Carolina February 2012 -April 2016 Started as a volunteer firefighter, transitioned to part time and then full time. Responded to emergencies as a firefighter /EMT. Operated fire apparatus and served as shift supervisor in the absence of a company officer. Prepared and submitted fire reports and time cards. Board of Commissioners - November 16, 2020 ITEM: 23- 5 - 7 Wake Forest Fire Department Firefighter /EMT /Chairmanofsafetycommittee Wake Forest, North Carolina April 2009 - November 2015 Began as a volunteer firefighter. Promoted to full time firefighter. Responded to emergencies as a firefighter. Was the chairman of the safety and wellness committee, responsible fordeveloping and proctoring the annual physical test. Board of Commissioners - November 16, 2020 ITEM: 23- 5 - 8 Certifications • ICS Enhanced All- Hazards Incident Management/Unified Command (MGT 314). • ICS All-Hazards Safety Officer • ICS 100,200,300,400,700,800 • FEMA Professional Development Series • Fire and Life Safety Educator • ICS All-Hazards Logistics Chief • State Medical AssistanceTeam Initial Certification • Ambulance Strike Team Responder • Fire Instructor 1 • Fire Officer 1 • Fire Officer 2 • NC EMT-13 • Certified Firefighter • All-Hazards Division /Group • Fire Officer 3 Volunteer experience • NC Emergency Management's Eastern Branch Incident Management Team (Division Group Supervisor) Board of Commissioners - November 16, 2020 ITEM: 23- 5 - 9 COMMITTEE APPOINTMENTS New Hanover County Zoning Board of Adjustment Vacancies: 4 Appoint in the following categories: 3 — Regular 1 —Alternate Terms: • Unexpired, expiring 12/1/21 3 years, expiring 12/1/23 Attachments: Committee Information Sheet Applications Board of Commissioners - November 16, 2020 ITEM: 23- 6 - 1 Eligible For Applicant Reappointment Desired Category Nominations Candy Cortes Regular or Alternate Richard F. Kern (currently serving in X Regular or Alternate Alternate category) Cameron R. Moore (currently serving in X Regular Regular category) Maverick Pate Regular Michael Sanclimenti Regular or Alternate Luke A. Waddell Regular Attachments: Committee Information Sheet Applications Board of Commissioners - November 16, 2020 ITEM: 23- 6 - 1 NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT Number of Members: 5 plus 3 alternates Ex- Officio: Planning Director Term of Office: 3 years Regular Meetings: Fourth Tuesday of every month at 5:30 p.m. in the Lucie F. Harrell Conference Room at the Government Center, 230 Government Center Drive, Wilmington, NC. Compensation: $20.00 per member per meeting plus auto mileage Statute or cause creating Board: N.C. General Statutes 153A- 345.1, which as of 2013 refers to NCGS 160A -388. The Commissioners increased board membership to 3 alternates on 11/21/94 (officially 4/1/96). The Zoning Ordinance requires members to be appointed from different areas within the County's zoning jurisdiction insofar as possible. Brief on Functions: In New Hanover County, the duties of the Board fall into two general categories: granting variances and hearing appeals. Granting of Variances: When unnecessary hardships would result from carrying out a strict application of the Zoning Ordinance, the Zoning Board of Adjustment has the authority to vary any of the provisions of the ordinance after holding a public hearing and determining that the greater weight of evidence and testimony demonstrates that four conclusions have been met supported by findings of fact: 1. Unnecessary hardship would result from the strict application of the ordinance. 2. The hardship results from conditions that are peculiar to the property, such as location, size, or topography. 3. The hardship did not result from actions taken by the applicant or the property owner. 4. The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved. In summary, a variance is an approval enabling a property owner to make use of his property in some way which is in conflict with the literal provisions of the Ordinance. Hearing Appeals: The Zoning Board of Adjustment is also tasked with hearing and deciding on appeals where it is alleged by the appellant that there is error in a decision made by the Zoning Administrator or other administrative officials in administering or enforcing the Zoning Ordinance. CURRENT MEMBERS TERM OF OFFICE APPOINTMENT EXPIRATION Henry A. Adams Unexpired 3/24/14 12/1/16 8725 Fazio Drive First 11/14/16 12/1/19 Wilmington, NC 28411 Second 11/18/19 12/1/22 910 - 686- 5941(H) 910 - 350 -1200 (W) 910 - 520 -1434 (C) Board of Commissioners - November 16, 2020 ITEM: 23- 6 - 2 NEW HANOVER COUNTY ZONING BOARD OF ADJUSTMENT PAGE 2 Board of Commissioners - November 16, 2020 ITEM: 23- 6 - 3 8 III 1211 lFWA TERM OF OFFICE CURRENT MEMBERS APPOINTMENT EXPIRATION Raymond E. Bray First 11/16/15 12/1/18 3213 Galway Road Second 11/13/18 12/1/21 Castle Hayne, NC 28429 / 910- 602 -7872 (H) 910 - 343 -0777 (W) 910 - 279 -4111 (C) Kristin K. Freeman First 11/14/16 12/1/19 712 Aquarius Dr. Second 11/18/19 12/1/22 Wilmington, NC 28411 910 - 508 -6077 (C) Cameron R. Moore First 12/18/17 12/1/20 242 Long John Silver Dr. Wilmington, NC 28411 910 - 540 -1154 (C) Mark Nabell First 12/18/17 12/1/20 218 Cabbage Inlet Lane Wilmington, NC 28409 910 - 538 -4378 (C) 910 - 538 -4378 (H) 910 - 239 -9130 (W) 910 - 239 -9129 (F) ALTERNATES: Pete Devita First 11/18/19 12/1/22 2104 Medeira Ct. Wilmington, NC 28405 910 - 262 -2113 (C) Richard F. Kern First 12/18/17 12/1/20 1627 Castle Hayne Rd. Wilmington, NC 28401 910- 520 -4318 (C) 910- 338 -9777 (W) Zz i �Wo 910 - 239 -3304 (F) Michael J. Keenan, Sr. First 11/18/19 12/1/22 6201 Sugar Pine Dr. Wilmington, NC 28412 910 - 540 -1010 (C) 910 - 815 -2771 (W) Staff Support: Ken Vafier File: /Zoning Planning Manager Revised: 11/2019 NHC Planning and Land Use Department 230 Government Center Drive, Suite 110 Wilmington, NC 28403 910- 798 -7281 Board of Commissioners - November 16, 2020 ITEM: 23- 6 - 3 8 III 1211 lFWA Kianpour, Dahria From: application @webformsnhcgov.com on behalf of Candy Cortes < application @webformsnhcgov.com> Sent: Monday, November 2, 2020 5:25 PM To: Crowell, Kym; Kianpour, Dahria Subject: Application for New Hanover County Zoning Board of Adjustment Attachments: Candy- Resume- Rev.2020.11.doc Board or Committee being applied to: New Hanover County Zoning Board of Adjustment Name Candy Cortes Email CanCatCor @icloud.com Home Address 5918 Cedar Landing Rd Wilmington, North Carolina 28409 United States Map It Mailing Address (if different from home address) United States Mai) It Home Phone (302) 234 -9578 Cell Phone (302) 750 -0096 Years living in New Hanover County 6 I Personal information collected below is to assure a cross - section of the community is represented. Gender Female Race caucasian Age 63 Do you have a family member employed by New Hanover County? No Applicant's Employer 1 Board of Commissioners - November 16, 2020 ITEM: 23- 6 - 4 retired Occupation Marketing & Strategic Planning Professional Activities Osher Lifelong Leaming Investment Group AAII Research Triangle Chapter Volunteer Activities City of Wilmington Planning Commission President, Cedar Landing Homeowners Association Why do you wish to serve on this board or committee? Not being affiliated with any particular business or industry, I believe I can provide another perspective on matters before the Board that will contribute to and enhance the strengths of the current members. What areas of concern would you like to see addressed by this committee? Balancing development and protecting the natural environment with the goal of improving the quality of life for residents. Traffic..!! Qualifications for serving: B.A. Economics, MBA, University of Delaware Ex -pat 4 years in The Netherlands, a low country with similar topography to New Hanover County, with a unique approach to balancing growth, quality of life and respect for the natural environment. Open- minded and impartial resident who has experienced the dramatic change in NHCo in the 6 years since relocating here. Other municipal or county boards /committees on which you are serving: Wilmington Planning Commission List three local personal references and phone numbers: Reference 1 Randy Beardsworth Reference 1 Phone (202) 834 -9214 Reference 2 Martha Walsh Reference 2 Phone (949) 212 -7901 Reference 3 John Glasgow Reference 3 Phone (910) 617 -9096 Additional comments: Thank you for considering my application. Upload additional information. • Candy- Resume- Rev.2020.11.doc 2 Board of Commissioners - November 16, 2020 ITEM: 23- 6 - 5 Date 11/02/2020 Consent VI understand that any board or committee appointee may be removed without cause by a majority of County Commissioners. ^ o 1 T-, -;�' • T`2 r 1:3V 0 2 2020 BOC OFF 3 Board of Commissioners - November 16, 2020 ITEM: 23- 6 - 6 CANDY C. CORTES 5918 Cedar Landing Rd (302) 750 -0096 Wilmington, NC 28409 cccortes @icloud.com BUSINESS DEVELOPMENT Creative, self - motivated professional with a proven record of accomplishments in business -to- business sales, business development and strategic planning. Demonstrated success in establishing and maintaining key customer relationships with a dual commitment to meeting both customers needs and company objectives. Strategic thinker, able to research and identify market opportunities, grasp technical issues and utilize analytical tools to enhance product /market development and competitive position. Effective communicator and motivational leader, committed to helping others succeed. Results oriented, with exceptional organizational and time management skills. PROFESSIONAL EXPERIENCE DIRECTOR OF MARKETING & STATEGIC PLANNING APPLIED EXTRUSION TECHNOLOGIES AET Specialty Nets & Profiles Division, Middletown, DE December 1994 — May 1997 Guided the senior management team in the successful development and implementation of a 5 -year strategic investment /divestiture plan with a focus on the healthcare and filtration markets. Responsible for researching new market opportunities and working with Research and Development to identify new technologies. Strategic Planning • Established in -house marketing research focusing on competitive analysis and growth opportunities, which served as the basis for the 5 -year strategic plan. • Responsible for managing an 11- person team encompassing the areas of marketing, marketing research, sales support and customer service. Marketing & Sales Support • Managed a $250K budget to develop an integrated Division image and revised all sales and marketing literature and advertising to support the new image in the marketplace. • Created a centralized product sampling system incorporating 24 -hour turnaround, formalized follow -up and feedback. • Developed a customized training program to enhance the skills of the customer service representatives. • Restructured the Customer Service Department to support a multi -plant manufacturing process and a market focused sales organization. • Led the transition from a process -based sales organization to market- focused business units. Organization Conceptualized and implemented a company -wide Product & Process Training Program. Savings to company by developing this in -house estimated at $75K. HEALTHCARE MARKET MANAGER January 1989 — December 1994 Responsible for $18M in product sales into the medical and healthcare market. Realigned pricing and product offerings in the healthcare market to realize average annual sales growth of 150% over a 5 -year period. Doubled profit margins on targeted products by taking a proactive role in raw material sourcing and working with operations to improve manufacturing and scheduling efficiencies. • Established key contacts in the Healthcare Market that were instrumental to the rapid sales growth in this market. • Initiated the push to expand product sales through vertical integration. • Instrumental in establishing reputation as a proactive, high -quality supplier. Board of Commissioners - November 16, 2020 ITEM: 23- 6 - 7 SALES MANAGER June 1987- January 1989 Responsible for $10M in sales into 6 industrial markets. Developed a comprehensive sales database for analyzing customer order patterns based on historical trends. QUALITY ASSURANCE MANAGER October 1986 —June 1987 Standardized internal test methods and coordinated test methods and frequencies with key customers. Completed extensive statistical analysis on key processes as a precursor to SPC implementation. Managed a staff of 10 QC technicians. QUALITY ASSURANCE SUPERVISOR HERCULES, INC. Middletown, DE June 1984 — October 1986 PERSONAL EXPERIENCE • Relocated to the Netherlands with family, 1997 -2001. Teaching assistant at Aletta Jacobs International School. Established formal Parent Teacher Association. • Employed part-time as Administrative Assistant for EMDAR BV, Medical and Healthcare Consulting. • Planned and coordinated all family travel throughout Europe. • Designed, supervised and actively participated in $75K renovation to residence, including hardscaping, landscaping, installation of pond and interior remodel, 2002 -2003. • Home Schooled both sons, second and fourth grade. • Planned, supervised and actively participated in $125K renovation to investment property, 2006. • Researched niche jewelry business and developed business plan. • Researched industrial manufacturing opportunity (coconut products) and developed business plan. • Volunteer with $tand By Me, Financial Empowerment initiative, 2011. • Supervised $200K renovation to primary residence in N. Carolina, 2014 -2015. • Active investor managing personal portfolio with an emphasis on technical analysis. EDUCATION & PROFESSIONAL COURSES Osher Lifelong Learning Institute • Technical Analysis & Portfolio Planning Drexel University Course work in Competitive Intelligence Wharton Executive Education • Industrial Marketing Seminar, 1995 Duke University • Johnson & Johnson Supplier Partnership Seminar, 1994 University of Delaware • M.B.A., 1992 • Woman of Excellence Award, 1992 • B.S., Economics, 1980 • Minor, Business Administration Wilmington, Delaware Philadelphia, Pennsylvania Philadelphia, Pennsylvania Durham, North Carolina Newark, Delaware Board of Commissioners - November 16, 2020 ITEM: 23- 6 - 8 1210112017 11:08 RICE FAMILYLAW fAX)9102516346 P.0021002 NEW HANOVER COUNTY BOARD OF COMMISSIONERS (�f 230 Government Center D&O, Suite 175 Mlmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 x W(910) 798 -7145 , Board/Committee: NEW HANOVER COUNTY ZONING HOARD OF ADJUSTMENT Lal< Ott TI�� .0 Name: RICHARD FORREST KERN E•Mail: RKERN @RICEFAMILYLAW,COM Hems Address. ij k0tMTLE'HAYNE RD. WILMINGTON 2g7 ' 2, q -( ee y Mailing Address N different: (dry) (ZQ code) Home Phone: 910- 520 -4318 Fax 910- 239 -3304 Cell: 910 - 520 -4318 Business 338 -9777 Years living in New Hanover County: 32 Male: ✓ Female: Race: CAUCASIAN Age: 42 (information for the purpose of assuring a doss- seetlon olths communAy) Do you have a family member employed by New Hanover County? If yea, name No Employer. N/A A person currendy employed by the agency or department jor which WX opplfcafon fs made, must resign raa4,er position with New Hanover County upon appointment, In accordance with A Oefe w, Sec. 4 of the New Hanover County Personnel Policy. Furthormwe, eppdcent should have no Immediate family member employed by Such agency Of department Occupation: ATTORNEY Professional Activities: MEMBER OF THE NC STATE BAR IN GOOD STANDING Volunteer Activities: Why do you wish to serve on this board/committee? TO SERVE THE COMMUNITY IN AN AREA OF INTEREST TO ME. Conlllcf of lames! h e board member bel levee h"he has a conl/lef or polondN conflict of fnUnst on a particular issue, that member should abate Wo belief to the other members of hisdrer respective board during a public meeting. The member should state the nature of the cordllot, deteldng that hetahe has a aepe►Ne, prlvafa, or monetary interest either direct orindlrect, In the Issue under consideretlon, The member should then excuse hlmselfiharselffrom voting on the matter. What areas of concern would you like to see addressed by this committee? I AM A BELIEVER IN SMART GROWTH POLICIES, INCENTIVE ZONING, AND MIRED USE POLICIES. Quallflcadons for serving., ATTORNEY, PUBLISHED IN THE AREA OF LAND USE AND ZONING. Other municipal or county boards/committees on which you are serving: NONE List three local personal references and phone numbers: RECEIVED 1• MARK SPENCER WILLIAMS - 910- 228 -3297 UEL 01 2017 2. CHRISTINE SPROW - 201 -400 -7633 0 0 6 OFF, 3. MARK SCOTT - 910 -228 -8159 Date: 12/01/2017 uo Signature ✓ Applications am kept on flit for 18 months I understand that any bo rd or commillio apboinfes may be removed without cause by a myo fy of County Commissioners. Please use reverse side for additional comments Board of Commissioners - November 16, 2020 ITEM: 23- 6 - 9 NEW HANOVER COUNTY ; BOARD OF COMMISSIONERS 230 Govemment Center Drive, Suite 175 Wilmington, NC 26403 COMMITTEE APPLICATION Telephone (91010 ) 798 -7149 FAX (910) 798 -7145 Board /Committee: NHC Board of Adjustment p Name: Cameron Reed Moore E -Mail: Cameron @wilmhba.net Home Address: 242 Long John Silver Drive Wilmington NC 28411 (Street) (City) (ZIP Uccle) Mailing Address if different: (City) (Zip Code) Home Phone: 910 540 -1154 Fax: Cell: 910 540 -1154 Business: Years living in New Hanover County: 20+ Male: ✓ Female: Race: Caucasion Age: 43 (Information for the purpose of assuring a cross- section of the community) Do you have a family member employed by New Hanover County? if yes, name No Employer. A person currently employed by the agency or department for which this application is made, must resign hisMer position with New Hanover County upon appointment, in accordance with Article Vl, Sec, 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation :Executive Officer - Wilmington -Cape Fear Home Builders Association Professional Activities: Certified Planner- AICP,Been in Building /Development Industry 15+ yrs Volunteer Activities: Ducks Unlimited Donar /Volunteer - Wilmington United Futbol Academy Why do you wish to serve on this board/committee? I feel that I have a unique background and can provide sound judgement and experience to the BOA. Contllet of Interest: If a board member believes he/she has a conflict or potential conflict of interest on a particular Issue, that member should state this belief to the other members of hislher respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary interest, either direct or indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? The BOA setup is defined to grant Variances due to hardships and hear Zoning Appeals cases based upon the ordinance Qualifications for serving: Worked in both the Public Sector and Private Sector and have over 15 plus years of planning, building industry, development experience. Other municipal or county boards/committees on which you are serving: None at this time List three local personal references and phone numbers: 1. Tyler Newman, CEO /President - Business Alliance for Sound Economy (BASE)(404)484 -9045 2 Tim Milam, President- Coldwell Banker Sea Coast Advantage (910) 202 -2501 $ Jeff Stokley, President - Stokley Development Corp. (910) 616 -2200 Date: 11/28/17 ( 0'0 [20 Signature C - Applications are kept on file for 18 months I understand that any board or committee appoi.We r 'e renwv d without cause by a majority of County Commisslo Please use reverse side for additional comments NOV 3 Q 2017 Board of Commissioners - November 16, 2020 ITEM: 23 -6 -10 BOC OFF NEW HANOVER COUNTY BOARD OF 230 COMMISSIONERS W"k t3twem nt Centar orb, suite 175 rn' rvc 28403 COMMITTEE APPLICATION FAX (810) �18D7� 58 -7148 co SoarwCommlttee: I� D Name: Sl1( r~ Home Addre Mailing Address It different A (cry) rep Cods) Home Phone: Fax: Cell -* S�.q Business: Years living In / Mate: -UL Female: Race: /nt1fgSIrn Ape: New Hanover County: Of tM t ommun0l (Information for the purpose of aaaurkp + aoas-section Do you have a family member employed by New Hanover County? K yes, name ��ll r en. y a as °wdb .uehatl nera �� sM�{e VF SP& 4 0( * New Harvvw Comm P*r#wW Fbky. A0ffW 000@. 4Pp�= � � f� �� � dapw~L p �( - Occupatlon: �W Ae( O k Amtr%(W }3VN;1 -y 5 professional Activities: aauku %Os au .'k OA &V C0g��j lite n�^`h Volunteer Activitles:&M%t\ �6V 0A('Utsn nt �1�d r- ,r,r�- 1% +�kc( u'[•� -�t�I �� Why do you wish to serve on this board/commfNee? Q5� LA nt.f �•cA,n�ll► 'tom c�Q= �_a'�I ice►, I illl(i t Yr >, r,m coo rnr,llk r t " --Yom i- (�cA N441 - coafhat of Jounst. rife bowd m"mb"r believes h& has a conffld or cm0d of mten*st cn a perBcrlarlaaua Net ffwnber should sfat" this beas7ro aw oar"►. members cf N&?w nspecliva baerd dtfag a PuW 9• Tree member *Wd state Me nett" of" eo"W . Nat haww has a aepsr . p WMP, o►m—tary b+tmaa4 er7her direst orindkect in rh" issue under oomMwaUor+. The mx► =isr shouWlhen exars" MmselNarsellham wfing an Ns mstdx What areas of concem would you like to see addressed by this committee? I1p 5TH, , c Qualifications for serving: _Q en cra- iA�-�tbrG Y'r (�i S u � ; erk,. C to 0 Other munidpal or county boards/committees on which you are serving: ._ List three local personal references and phone numbers: 1. 3t��ll'��► S GEC � � Y C S _ _ _ _ w 2 i5 to ovSignature " Applications an leapt on fl/0 for 18 months ff uwlthout causaD t a'm of County a ae may De remov0d Y OWly �y Commisslonem Please use reverse side for additional cofnments Board of Commissioners - November 9 ; 2_gned with CamScanner ITEM: 23- 6 - 11 1 •7 ctfl NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wihnington, NC 28403 COMMITTEE APPLICATION Telephone (910) 79&7149 FAX (910) 79 8-7145 /� 1 Board(Committea: ZON I o-1 6' 46 DA R D U , Q J vs r ;,v 4!� Au r U Name: CH141 L S,4,J G L N T7 E- Mail: MCN461-sANcL1r"E107-1 eATT,1U1c- T r Home Address: 5 3 3 UF_ V1,-2,q U x Q g l` v,�- W 21-l"i 6,10) 2S 412 (Zip Code) Mailing Address if different: (City) (Zip Code) Home Phone: 732,6/ 6 4-? 9 Z Fax: Cell: 732 61619 3 2. Business: 730 9,39663 Years living in New Hanover County- 113 ft-dID Male: _� Female: Race: W H 1 '76 Age: 3 (Infomtetion for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name /1/0 Employer. /+7-* T A person currently employed by the agency or department for which this application is made, must resign hisftr position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: S61L)J ©9 (?oNs y/-Tdg A) T Professional Activities: Volunteer Acdvities: 0- Fle SAC U 2 j T X U C /41-) ON Why do you wish to serve on this board(committee? 20NilV6 S F' rS TW % 0LJ. -4V b KJ4 S �cJSlN� -SS �4A)b RAS /OF/bT /f;L TX9r W1LC �LC ©W ao / TD Q6N,� '�7- NiY /,/o ) Conflict of Interest: If aboard member believes he/she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of tus#w respective board during a public meeting. The member should state the nature of the conflict, detailing that he/she has a separate, private, or monetary interest, adher direct or indrect in the issue under consideretlon. The member should then excuse himseMAmrself from voting on the matter. What areas of concern would you like to see addressed by this committee? Qualifications for serving: _K'© ieN'no'k V IC,C C 11h) 2 ©-C JW Z 01V / N &- 60A t2, D 16'o2 P00 LL --)owNSA11P A3 , Self V1i0F2y/l. ,qLTt4i1,j,47fZ,, 7 /,yes D'vLL tIA,:5 Other municipal or county boards/committees on which you are serving: List three local personal references and phone numbers: 1. JOf}�v i� ©22 y Sgs 69 Z 1 X63 2. A) B O C O F F. 3. -�)MMy---)©N1:---S 919 -240 73)3 tivo Date: 101242019 (o` I'" ignature Applications are kept on file for 18 months I understand that any board or committee appointee maybe removed without cause by a majority of County Commissioners. Please use reverse side for additional comments Board of Commissioners - November 16, 2020 ITEM: 23- 6 - 12 �I 776s2 0& QUSIN1--SS �R�A rTxS STn�ss o-1 �vuN t� s,6-9VICA� , #5 "t 9,91ZI ►4-z Ine-c' 8'e 2 0-11- l;t/,E ✓174,6 dnA4NY DFCISIOAJ ISiF,V)—cA7`ro!9D 16/—!LNTS E}NfJ QUSiN�SS�S, /NSF ��G /S�o,JS (d N o rT z � �vw� /N 1� L ©/J 6- Zvi %/✓ AAP� t i��j My ,Ozsc- 1,5I tor, Board of Commissioners - November 16, 2020 ITEM: 23- 6 - 13 A(€W HANOVER COUNTY BOARD OF COMMISSIONERS 230 Government Center Drive, Suite 175 Wilmington, NC 28403 COMMITTEE APPLICATION Telephone (910) 798 -7149 FAX (910) 798 -7145 Board /Committee: (Zoning Board of Adjustment Name: (Luke A. Waddell 0 Home ddress:60 Pelican Dr. # B Wrightsville Beach, NC 28480 Mailing Address if different: Home Phone: Fax: (City) "if` CadenceRealty.com Cell: 1 910- 599 -7081 (Zip Business: Years living in New Hanover County - I Male: ✓ Female: Race: Caucasian Age: 31 (Information for the purpose of assuring a cross - section of the community) Do you have a family member employed by New Hanover County? If yes, name INo Employer. I Cadence Realty Corporation A person currently employed by the agency or department for which this application is made, must resign his/her position with New Hanover County upon appointment, in accordance with Article Vl, Sec. 4 of the New Hanover County Personnel Policy. Furthermore, applicant should have no immediate family member employed by such agency or department. Occupation: CEo Chair Candidate Selection Committee CFR. GAC of CFR. CV attached Professional Activities I ' Vo/unteerActivities: Committee Chair, NCAF. President, Cape Fear Citadel Club. CV Attached Why do you wish to serve on this board(committee? I See attached Conflict of Interest: If a board member believes he /she has a conflict or potential conflict of interest on a particular issue, that member should state this belief to the other members of his/her respective board during a public meeting. The member should state the nature of the conflict, detailing that he /she has a separate, private, or monetary interest, either director indirect, in the issue under consideration. The member should then excuse himself/herself from voting on the matter. What areas of concern would you like to see addressed by this committee? I See attached Qualifications for serving: I See attached Other municipal or county boards✓committees on which you are serving: iNone List three local personal references and phone numbers: Jason Thompson - 910 - 443 -0876 j 2 Curtis Westbrook, SR. - 919- 604 -6166 BE FF 3. 1Densay Sengsoulavong - 910 - 431 -2395 Date: 1 11/5/2019 Signature Applications are kept on rile for 18 months I understand t4fat an bird or committee appointee may be removed without cause a majority of County Commissioners. Please use reverse side for additional comnEWivd of Commissioners - November 16, 2020 ITEM: 23- 6 - 14 Luke A. Waddell 60 Pelican Dr. #B Wrightsville Beach, NC 28480 910.599.7081 Luke @CadenceRealty.com PROFILE. Entrepreneur, dedicated to public service and passionate about successfully shaping the future of the Cape Fear Region. PROFESSIONAI, EXPERIENCE President, Cadence Really Corp. 2016- Preseni NOI,UN I'EER EXPERIENCE Chair, Candidate Selection "task Force, Cape Fear Realtors 2019 - Present Member, Governrner►t Affairs Coininitlee, Cape Fear Realtors — 2018- Present Chair, Sut►tn►e,rall Guard Connu►ttee, IBC nralea Festival 2016 - Present. President, Cape Fear,/krea Citadel Club — 2013 - Present Graduate, Leadership Wilmington — 2014 E D U CATION The Citadel - Bachelor of Arts, Political Science. 2006 -2010 PROFESSIONAI, LICENSES NC Real Estate Broker's License - 2012- Present NC Broker -in- Charge - 2016 - Present NC General Contractor License - 2017- Present WIIY DO YOU WISII TO SERVE ON 'I'll IS COVIVIrrTEE Public service is a calling. My career in and knowledge of real estate coupled with my passion for the Cape Fear Region led me to apply for the New I lanover County Board of Adjustment Committee. Board of Commissioners - November 16, 2020 ITEM: 23- 6 - 15 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 11/16/2020 Regular DEPARTMENT: Governing Body PRESENTER(S): Commissioner White CONTACT(S): Commissioner White SUBJECT: Remarks by Commissioner Woody White BRIEF SUMMARY. Remarks will be made by Commissioner Woody White. RECOMMENDED MOTION AND REQUESTED ACTIONS: Hear remarks. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Hear remarks. COMMISSIONERS' ACTIONS: Heard remarks. Board of Commissioners - November 16, 2020 ITEM: 24