Agenda 2010 06-07AGENDA
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
JASON R. THOMPSON, CHAIRMAN • JONATHAN BARFIELD, JR., VICE - CHAIRMAN
ROBERT G. GREER, COMMISSIONER • WILLIAM A. CASTER, COMMISSIONER • TED DAVIS, JR., COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD
JUNE 7, 2010
6:00 P.M.
MEETING CALLED TO ORDER (Vice - Chairman Jonathan Barfield, Jr.)
INVOCATION (Roland Banks, Reverend, Windermere Presbyterian Church)
PLEDGE OF ALLEGIANCE (Commissioner William A. Caster)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Approval of 2006 Records Retention and Disposition Schedule as Presented
by the N.C. Division of Archives and History
3. Adoption of State Road Resolution
4. Approval to Accept the Home and Community Care Block Grant funds in the
Amount of $968,885 for FY 2011
5. Approval to Submit a FY2010 Grant Application to the Office of Juvenile
Justice and Delinquency Prevention (OJJDP), Youth Gang Prevention and
Intervention Program
6. Approval of Tax Collection Reports
7. Adoption of Ordinances for Budget Amendments
ESTIMATED REGULAR AGENDA ITEMS OF BUSINESS
TIMES
6:05 p.m.
8. Consideration of Elder Abuse Awareness Month Proclamation
6:10 p.m.
9. Public Hearing and Consideration of Approval to Submit a Joint Application
with the City of Wilmington to the Edward Byrne Memorial Justice
Assistance Grant (JAG) Program for 2010 Funding from the U.S. Department
of Justice for Assisting State, Local, and Tribal Efforts to Prevent or Reduce
Crime and Violence
6:15 p.m.
10. Public Hearing on the FY2010 -2011 Recommended Budget
7:15 p.m.
11. Consideration of the Board of Education's Request that the Board of County
Commissioners Approve Their Application for a Low or No Interest Loan in
the Amount of $4,925,744 for Critical Facility Needs Projects That Have
Been Identified by the New Hanover County Board of Education (The
funding is part of the American Recovery and Reinvestment Act of 2009
(ARRA) funds.)
7:20 p.m.
12. Wilmington Regional Film Commission Update Presentation
7:25 p.m.
13. Public Hearing
Exceptional Design Zoning District Rezoning (Z -897, 8/09) - Request by
Wilshire Management Group to Rezone Approximately 9.93 Acres at 611
Middle Sound Loop Road from R -15 Residential District to Exceptional
Board of Commissioners Meeting
06/07/2010
Design Zoning District (EDZD)
7:45 p.m. 14. Public Hearing
Special Use Permit Modification (5 -409M, 4/10) - Request by Donald Curry,
Jr., P.E. for Autumn Corporation to Modify the Site Plan for an Existing
Special Use Permit by Adding 17,400 Square Feet to the Existing Building
and Adding 47 New Parking Spaces
8:05 p.m. 15. Public Hearing
Special Use Permit (5 -601, 5 110) - Request by Carlos Lagomarsino for a
Special Use Permit to Establish Non - Residential Off - Street Parking in an R-
15 Residential Zoning District Located at 4813 Carolina Beach Road
NON - AGENDA ITEMS (limit three minutes
ADDITIONAL AGENDA ITEMS OF BUSINESS
8:35 p.m. 16. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
8:45 p.m. 17. ADJOURN
Note: Times listed for each item are estimated, and if a preceding item takes less time, the Board will move
forward until the agenda is completed.
Board of Commissioners Meeting
06/07/2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 7, 2010
CONSENT
ITEM: 1
DEPARTMENT: Governing Body PRESENTER(S): Chairman Thompson
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Budget Work Session meeting held on Thursday, May 6, 2010
Joint Meeting held on Thursday, May 13, 2010
Regular Meeting held on Monday, May 17, 2010
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
06/07/2010
1 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 7, 2010
CONSENT
ITEM: 2
DEPARTMENT: Governing Body PRESENTER(S): Sheila L. Schult, Clerk to the Board
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of 2006 Records Retention and Disposition Schedule as Presented by the N.C. Division of
Archives and History
BRIEF SUMMARY:
In April 2006, the N.C. Division of Archives and History issued a new Records Retention and Disposition
Schedule - County Management to replace the 2001 Schedule. By State Statutes the schedule must be
approved by the Board of County Commissioners before distributing to departments for retention and
disposal of records.
A copy of the schedule, comprised of 114 pages, is on file in the Governing Body Office for review.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the 2006 Records Retention and Disposition Schedule and authorize the Chairman to sign the
approval sheet.
ATTACHMENTS:
Records Retention and Disposition Schedule Approval Sheet
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
06/07/2010
2 -0
RECORDS RETENTION AND
DISPOSITION SCHEDULE
COUNTY MANAGEMENT
f ..
■ ` 1
F � I
1 .S
,' ff
Issued By:
North Carolina Department of Cultural Resources
Division of Historical Resources
Archives and Records Section
Government Records Branch
April 1. 2006
Board of Commissioners Meeting
06/07/2010
2 -1 -1
County Management Schedule
Records Retention and Disposition Schedule
The records retention and disposition schedule and retention periods governing the records series
listed herein are hereby approved. In accordance with the provision of Chapter 121 and 132 of the
General Statutes of North Carolina, it is agreed that the records do not and will not have further use
or value for official business, research, or reference purposes after the respective retention periods
specified herein and are authorized to be destroyed or otherwise disposed of by the agency or
official having custody of them without fiirther reference to or approval of either party to this
agreement. It is further agreed that these records may not be destroyed prior to the time periods
stated; however, for sufficient reason they may be retained for longer periods. This schedule is to
remain in effect from the date of approval until it is reviewed and updated.
APPROVAL RECOMMENDED
Chief Administrative Officer
(County Manager)
APPROVED
Chairman, Bd. County Commissioners
April 1, 2006
David Brook, Director
Division of Historical Resources
r
sbeth ft.vans, Secretary
Department of Cultural Resources
County:
Board of Commissioners Meetin
2 -1 -2
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 7, 2010
CONSENT
ITEM: 3
DEPARTMENT: Governing Body PRESENTER(S): Sheila L. Schult, Clerk to the Board
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Adoption of State Road Resolution
BRIEF SUMMARY:
NCDOT is considering the addition of the following road and requesting the Board to adopt a resolution in
support of adding the road to the state system:
Torchwood Boulevard (Division File No. 1157 -N) is located between SR 2718 Beacon Trail and Bow
Hunter Drive (non- system roadway). This portion connects Courtney Pines and Garlington Heights
Subdivisions located within New Hanover County.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt SR -2 resolution.
ATTACHMENTS:
NCDOT Request Letter
SR -2 Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
06/07/2010
3 -0
BEVERLY EAVES PERDUE
GOVEMR
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
EUGENE A. C014 M JR.
May 13, 2010
Ms. Sheila Schutt, Clerk to the Board
New Hanover County Board of Commissioners
230 Government Center Drive, Suite 175
Wilmington, NC 28403
rc
MAY 2
2010 `
&,'
Subject: Proposed Addition to the State System of Highways;
Torchwood Boulevard (Div. File No: 1157 -N)
Dear Ms. Schutt:
This office is considering adding a portion of Torchwood Boulevard. The portion being
considered is located between SR 2718 Beacon Trail and Bow Hunter Drive (non -
system roadway). This portion connects Courtney Pines and Darlington Heights
Subdivisions located within New Hanover County. The proposed length of addition is
0.37 miles. After the Board's consideration, if they concur with our recommendation,
please furnish this office with the current county resolution and official road name for our
further handling.
If I may be of further assistance, please advise.
Sinter ly,
Gv,
Anthony W. aw
District Enginee
AWL: jdd
Attachments: SR -1 (Road Petition request form and locator map)
300 Division Drive, Wilmington, N.C. 28401 Tel: (910) 251 -2655 Fax: (910) 251 -2759
Board of Commissioners Meeting
06/07/2010
3 -1 -1
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description: Torchwood Boulevard (Division File No. 1157 -N) located
between SR 2718 Beacon Trail and Bow Hunter Drive (non-
system roadway). This portion connects Courtney Pines and
Garlington Heights Subdivisions located within New Hanover
County.
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 7 th day of June , 2010.
WITNESS my hand and official seal this the day of
, 2010.
Sheila L. Schult, Clerk to the Board
New Hanover County Board of Commissioners
Form SR -2
Please Note: Forward directly to the District Engineer, Division of Highways.
resolute.doc
Board of Commissioners Meeting
06/07/2010
3 -2 -1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 7, 2010
CONSENT
ITEM: 4
DEPARTMENT: Aging PRESENTER(S): Jim McDaniel, Parks, Gardens and Senior
Resources Director and Ben Brow, Senior Center Manager
CONTACT(S): Janine Powell, Development Coordinator
SUBJECT:
Approval to Accept the Home and Community Care Block Grant funds in the Amount of $968,885 for
FY 2011
BRIEF SUMMARY:
New Hanover County Senior Resources is eligible to receive $968,885 in Home and Community Care Block
Grant (HCCBG) funds for FY 2010/2011. The HCCBG Advisory Committee, which is appointed by the
County Commissioners, recommends the following distribution of funds for the Commissioners'
consideration: Transportation $127,934; Home Delivered Meals $298,204; Congregate Meals $79,663; Case
Assistance /Information & Referral $76,063; Senior Center Operations $47,204; In Home Aide Services
$237,168; Adult Day Care $49,517; Adult Day Health $53,132. The Senior Resources Center currently has a
contract in place with Interim Health Care of the Eastern Carolinas, Inc. for the In Home Aide services, and
Elderhaus, Inc. for Adult Day Care and Adult Day Health Services.
The required 10% match is included in the Parks, Garden, and Senior Resources Center requested 2011
budget. Interim Care and Elderhaus, Inc. are required to provide their match in order to receive HCCBG
funds.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve the request to accept the Home and Community Care Block Grant funds in the amount of $968,885
for FY 2011.
ATTACHMENTS:
HCCBG Advisory Committee Distribution Worksheet
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
06/07/2010
4 -0
County: New Hanover
Date:
SFY
Home &Community Care Block Grant Meeting
Worksheet
Decisions
Is this a budget revision?
Yes _ No _
Federal /State Home & Community Care Block Grant Funding:
Total $ FY 2010/2011
What amount of monies should the identified services receive?
Service
Provider
Allocation
Transportation
Home Delivered Meals SRC
Congregate SRC
127,934
298,204
HCCBG Total
SRC
► • •i ii
Board of Commissioners Meeting
06/07/2010
4 -1 -1
79,663
Case Assistance /I &R
SRC
76,063
Senior Center Operations
SRC
47,204
In Home Aide Services
SRC (Interim)
237,168
Adult Day Care
SRC (Elderhaus, Inc.)
49,517
Adult Day Health
SRC (Elderhaus, Inc.)
53,132
HCCBG Total
SRC
► • •i ii
Board of Commissioners Meeting
06/07/2010
4 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 7, 2010
CONSENT
ITEM: 5
DEPARTMENT: Sheriff PRESENTER(S): Sheriff Ed McMahon
CONTACT(S): Sheriff Ed McMahon
SUBJECT:
Approval to Submit a FY2010 Grant Application to the Office of ,Juvenile Justice and Delinquency
Prevention ( OJJDP), Youth Gang Prevention and Intervention Program
BRIEF SUMMARY:
The Sheriff's Office project proposal for use of OJJDP funds is to enhance the already documented Gang
Task Force's successful prevention, intervention, education, and suppression strategies that address the many
factors that cause and sustain gang violence for the youth in all areas of New Hanover County.
The grant proposal includes: one Family Case Manager Position that will allow reaching the at -risk youth
and involving families to improve home life; position equipment; program supplies; and, contracting with
two agencies for team building and life skills.
The project's budget is $136,886 in federal funding as follows: $62,116, 18 months' salary /fringes for one
Family Case Manager Position; travel, $13,000; equipment, $3,620; supplies, $10,500; and contracts,
$47,650. At the end of the grant term, project would be evaluated to determine if grant position could be
considered for County funding.
There is no local match requirement.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Authorize the Sheriff's Office to submit an OJJDP grant application for the Youth Gang Prevention and
Intervention Program.
ATTACHMENTS:
OJJDP 2010 Grant Application
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
06/07/2010
5 -0
[ APPLICAT10N FOR
2. DATE SUBiklITTED
Applicant Identifier
FEDERAL ASSISTANCE
L TYPE, OF SUBMISSION
3. DATE RECEIVED BY
State ApplicatIon Identifier
STATE
Application Non-Constnictioll
4. DATE RECEIVED BY
Federal Identificr
FEDERAL AGENCY
5.APPLICANT1NFORNIATION
Le Name
Or Unit.
New Hanover C
Sheriff
Address
Name and teleplione numbar of flie
person to be contactcd on inatters
Juvenile, Center Rd,
1.111volvin this application
'Castle Ha North Carolina
28429-6109
S Fonda.
(910), 798-4216
6. EMPLOYER IDENTIFICATION NUMBER (EIN) 17.
TYPE OF APPLICANT
56-6000324
Count
8. TYPE OF APPLICATION
9. NAM E OF FEDERAL AGENCY
New
Offi ce of Juvenfle justice and
Preventloll
..j Deln,.i. q uei,ic y
10. CATALOG OF FEDERAL DOMESTIC ASSISTANCE
H. DESCR1, ITT IVE TITLE OF
APPLICANT'S. PROJECT
NUMBER: t6.544
It 'is our intent to use g rant ftinds for the
CFDA PART D-PREV/TR EATMEANT PROG TO,
ptirpose of enhancin increasi,n oux
TITLE: JUV. GANGS
alread documented, successful
prevention, nit ervent toil., education, anu
suppression pro Ali and activities for
the, y outh of our count to include the
incorpora, ted, areas of the encompassed
n'lunicipalities. 11.1, coi1junc tin , w1fil the
above pro and activit
enhancements, we plan to add a Famil
Case Mana Not onl will this rallow
us to reach- the ;,-at ris y outh
Individuall but will afford us the. abilit
to, involve the families anditnpirove the
hone e life as Nvel.l.
12. AREAS AFFECTED BY PROJECT
i IAll, of Neiv Hanover Coui to include the incorporated areas of Wilmin Wri Beach,
Carolina, Becach, and, Kure Beacli.
Board of Commissioners Meetin
06/07/2010 5/13/20,10
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V-%
-ra 2 of 2
13. PROPOSED PROJECT
Stc-art Date: Januar 0 1, 20,11
End Date: June 30 2013
7 1 ,01M
$13605
$0
$0
$0
$
$01
1. CONGRESSIONAL DISTRIC,rf S OF
'I
Pro has not been selected b state
for review
17. IS THEAPPLICYkNT
DELINQUENT ON ANY FEDERAL
DEB T9.
mum
Close Window
Board of Commissioners Meetin
06/07/2010
5-1-2
5/13/20 10
41, '"CAWIMf rATO"WERWIFAIRS1141
EXPIRES 5-98 (Rev. 1/97)
Bud 6 112ut Detai"',l W6rksheet
A. Personnel - List each position b title and name of emplo if available. Show the annual
salar rate and the percenta of time to be devoted to, the pr t. Compensation paid for emplo
Oil
en in g rant activities, must be consistent with that paid for slinilar work within the, applicant
or
SUB-TOIAL $43,836.00
Total Personnel & Frin Benefits $6ZI 1 161iO -
Board of Commissioners Meetin
06/07/2010
5-1-3
Salar x 0.0765
$3,354.00
Count Base
$12
$96.00
Salar x 0.0022
$2
V MPRIMI)WOR
Total Personnel & Frin Benefits $6ZI 1 161iO -
Board of Commissioners Meetin
06/07/2010
5-1-3
Purpose of`h-avei Location Item Computation
. ... .. .. .... ...
Monthl Vehicle Mileage i,New Hanover Count 1000 M 1
- � er, Month
Staff Trainin & To be Determined
Accornod'ations
$13,000.00
Itein Computatioll Cost
Computer
I at Count Base Price
$1 15,0 0. 00
lo in
1 at Count Base Price
$200.00
$1
'Office Supplies
- - - - --------
Mobille Phone
$40 per mo,. for 18 nionths
$200.00
Uniform
5 uniforms @ $40 ea.
TOIAL $3,620-00
Im-
'I 000x. 60x 18 months
" LI
To be; Determined $41000.0&
Board of Commissioners Meetin
06/07/2010
5-1-4
TIN
$2500.00
$11,000.00
$500400!
$2,1500.00
Cpl
TOIAL $150,500-Of
Board of Commissioners Meetin
06/07/2010
5-1-5
G. Consultants/Contracts - hidicate whether applicant's formal, written Procurenient Polic or
the Federal Ac Re are followed.
Suppl item 1, one line per entr
,Suppl item, 1, one Hine per entr
Suppl item 11, one line per entr
FRU4=1
....... ...... - - I'll, - _% all",
11 i I IF I IF III I I I
111111 jj�
IN 1111
Coastal, Horizons - 6 ropes Courses, 3 Campin Trips, 18, Team buildin Ardlivi tie s, 1 week Summer Camp, 3 Ka
tri p s
Coastal Therapeutic Riding - 10 y outh per month for 2 hours, 10 y outh per month for 5 hours
Cost
$33
$14�4 0.001,
&btolal $47,65.0.00
TWAL $471650M
Board of Commissioners Meetin
06/07/2010
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YY
lie Other Costs - List its (e. rent, reproduction, telephone, janitorial or securit sei
and Investi or confidential funds), b major t and the basis of the conaputation. For exaniple,
p ide the s foots g e and the cost per s foot for rent, or provide a, monthl rent al cost and
rovi,
how man months to rent.
D e s crip ti o n C+ 1,
men
four lines per entr use be below or an additional
pa for more space if re
M�� Z�
Board of Commissioners Meetin
06/07/2010
5-1-7
A. Personnel
$4,31836.00
B. F rin Benefits
$18,280,00
C. T ravel
$13)000.00
A Equiprnen,t
$3620.00
E., Supplies
$10)500.00
F. constructioll,
$0.00
G. Consultants/Contracts
$471650.00
H. Other
Total Direct Costs
$1367886.00
1. Indil-ect Costs
$1361886mOO
TOTAL PROJECT COSTS
Federal Request $136,886.00
Non-Federal Atuount $0.00
Board of Commissioners Meetin
06/07/2010
5-1-8
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 7, 2010
CONSENT
ITEM: 6
DEPARTMENT: Tax PRESENTER(S): Michelle Harrell, Collector of Revenue
CONTACT(S): Michelle Harrell, Collector of Revenue
SUBJECT:
Approval of Tax Collection Reports
BRIEF SUMMARY:
Tax collection reports for April 2010 are submitted for approval.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ATTACHMENTS:
April 2010 Tax Collection Report
April 2010 Fire District Tax Collection Report
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
06/07/2010
6 -0
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 7, 2010
CONSENT
ITEM: 7
DEPARTMENT: Budget PRESENTER(S): Cam Griffin, Budget Director
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Adoption of Ordinances for Budget Amendments
BRIEF SUMMARY:
The following budget amendments amend the annual budget ordinance for the fiscal year ending June 30,
2010.
10 -251 -
Social Services
10 -259 -
Social Services
10 -265 -
Library
10 -269 -
Parks, Gardens & Senior Resource Center
10 -266 -
Sheriffs Office
2010 -65
- Sheriffs Office
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of the ordinances for the budget amendments listed
A mm A 9
B/A 10 -251
B/A 10 -259
B/A 10 -265
B/A 10 -269
B/A 10 -266
B/A 2010 -65
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
06/07/2010
7 -0
AGENDA: June 7, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10 -251
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10 -251 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: DSS / NCNG Share the Warmth
Expenditure:
Decrease
Increase
DSS / NCNG Share the Warmth:
Assistance Payments
$215
Total
$215
Revenue:
Decrease
Increase
DSS / Administration:
DSS Admin 1571 Funds — Federal /State
$215
Total
$215
Section 2: Explanation
DSS has received an additional allocation of $215 for the Share the Warmth program. The funds will be for
assistance payments. There is no County match.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 10 -251, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Jonathan Barfield, Jr., Vice - Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
06/07/2010
7 -1 -1
AGENDA: June 7, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10 -259
BE IT ORDAINED by the Board of County
Carolina, that the following Budget Amendment 10 -259
fiscal year ending June 30, 2010.
Commissioners of New Hanover County, North
be made to the annual budget ordinance for the
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Social Services/Energy Neighbor
Expenditure:
Decrease
Increase
DSS/Energy Neighbor:
Assistance Payments
$3
Total
$3
Revenue:
Decrease
Increase
DSS /Administration:
DSS Amin 1571 Funds — Federal /State
$3
Total
$3
Section 2: Explanation
To budget an additional allocation of State funds for the Progress Energy - Energy Neighbor program. There
is no County matching 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 10 -259, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of , 2010.
(SEAL)
ATTEST:
Sheila L. Schult, Clerk to the Board
Jonathan Barfield, Jr., Vice - Chairman
Board of Commissioners Meeting
06/07/2010
7 -2 -1
AGENDA: June 7, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10 -265
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10 -265 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Library
Expenditure:
Decrease
Increase
Library:
Supplies
$2
Total
$2
Revenue:
Decrease
Increase
Library:
Contribution — Private estate donation
$2
Total
$2
Section 2: Explanation
The Library received a private estate donation of $2,000 to improve Library Services. These funds will be
used to purchase additional self - checkout equipment. No County funds are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 10 -265, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of , 2010.
(SEAL)
Jonathan Barfield, Jr., Vice - Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
06/07/2010
7 -3 -1
AGENDA: June 7, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10 -269
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10 -269 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Parks, Gardens and SRC/ Independent Life Services
Expenditure:
Decrease
Increase
Parks, Gardens and SRC - Independent Life Services:
Capital Outlay — Computer & Other
$12
Contribution from Escrow — Emergency Assistance
$6
Total
$12
Revenue:
Decrease
Increase
Parks, Gardens and SRC - Independent Life Services:
Contribution from Escrow - Bride
$6
Contribution from Escrow — Emergency Assistance
$6
Total
$12
Section 2: Explanation
To budget escrow funds for the purchase and implementation of SERVtrackerTM software. This software
solution will allow Senior Resource Center programs, such as Home Delivered Meals (HDM) and
Congregate Nutrition (CN), to more effectively track and manage client information and detailed service
records. No County monies are required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 10 -269, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of
2010.
(SEAL)
ATTEST:
Sheila L. Schult, Clerk to the Board
Jonathan Barfield, Jr., Vice - Chairman
Board of Commissioners Meeting
06/07/2010
7 -4 -1
AGENDA: June 7, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10 -266
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10 -266 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriffs Office
Expenditure:
Decrease
Increase
Sheriff s Office /Detectives:
Overtime Pa
$5
Sheriffs Office/Support Services:
Overtime Pay
160
Total
$5
Revenue:
Decrease
Increase
Sheriffs Office /Administration:
Miscellaneous Revenue
$5
Total
$5
Section 2: Explanation
To budget miscellaneous revenue for reimbursement from the FBI for Detective overtime.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 10 -266, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of , 2010.
(SEAL)
Jonathan Barfield, Jr., Vice - Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
06/07/2010
7 -5 -1
AGENDA: June 7, 2010
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 2010 -65
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2010 -65 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: Controlled Substance Tax
Department: Sheriffs Office
Expenditure:
Decrease
Increase
Controlled Substance Tax:
Supplies
$10
Total
$10
Revenue:
Decrease
Increase
Controlled Substance Tax:
Controlled Substance Tax
$10
Total
$10
Section 2: Explanation
To budget receipt of $10,392 received on 5/18/10. Controlled Substance Tax funds are budgeted
as received and must be used for law enforcement as the Sheriff deems necessary.
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 2010 -65, amending the
annual budget ordinance for the fiscal year ending June 3 0, 2010, is adopted.
Adopted, this day of , 2010.
(SEAL)
Jonathan Barfield, Jr., Vice - Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
06/07/2010
7 -6 -1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 7, 2010
REGULAR
ITEM: 8
DEPARTMENT: County Manager PRESENTER(S): Marianna B. Stacy or Jane Jones from The Cape
Fear Elder Abuse Prevention Network
CONTACT(S): Bruce T. Shell, County Manager
SUBJECT:
Consideration of Elder Abuse Awareness Month Proclamation
BRIEF SUMMARY:
June is National Elder Abuse Awareness Month. The Cape Fear Elder Abuse Prevention Network requests
the Board of Commissioners to designate June as Elder Abuse Awareness Month in New Hanover County.
The Cape Fear Network is dedicated to prevention of abuse against all elderly citizens. This proclamation
will help bring awareness of this problem in our community.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt the proclamation.
ATTACHMENTS:
Letter of Request
Elder Abuse Awarenes Proclamation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
06/07/2010
8 -0
Bri independent Livin 9 The Kempton Assisted Livin • The Commons Personal Care
New Hanover Count Board of Commissioners
CIO Shelia Schutt, Clerk to the Board
2310 Government Center, Suite 1 75
Wilmin North Carolina 28403
Dear Ms. Schutt and Commissioners:
In mid 2oo6, a. g roup of area professionals that serve the senior population formed The Cape
Fear Elder Abuse Prevention Network. Our g oal is to stop abuse of the elderl b raisin
awareness throu educatin the communit on the forms of elder abuse,, how to identif it
and what can be done to prevent it.
June 15th, 2010 is World Elder Abuse Awareness Da and we are plannin educational
events and materials such as Fact Sheets,
1, Pocket Cards and Brochures have been developed
for distribution. Billboards, Public Service Announcements and Print exposure have been
arran Vi that depict elder abuse, ne g lect and, exploitation are bein presented to
the communit b our "Elder Abuse Pla
At the June 7th, 2010 Board of Commissioner's meetin we are re that the New
Hanover Count Board of Commissioners a adopt a resolution proclaimin "June as
Elder Abuse Awareness Month in New Hanover Count A, cop of the resolution adopted
in June Of 07, o8 and o is on file in y our office. I am also attachin a, cop that needs dates
and si onl Upon notification that it is to be adopted, 1, alon with other Network.
mem hers, ,will attend the meetin to receive the written proclamation.
We hope the work of the Cape Fear Elder Abuse Prevention Network makes a, si
contribution towards the prevention of elder abuse in our area. Thank y ou for y our
continued support of our efforts
2320 Fort Street, * Wilmin NC 28403 * 910-392-6899 e Fax 910-392-2792
Board of Commissioners Meetin
06/07/2010
8-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ELDER ABUSE AWARENESS MONTH
PROCLAMATION
WHEREAS, elder abuse is the broad term used to identify mistreatment of elderly and disabled
adults; and
WHEREAS, abuse and neglect of elderly and disabled adults is one of the most under -
recognized and under - reported social problems in this country; and
WHEREAS, the magnitude of the problem is likely to increase for several reasons, especially
with the anticipated rise in the number of elderly population; and
WHEREAS, mistreatment can take many forms: physical abuse, emotional abuse, sexual abuse,
neglect by a caregiver, self - neglect, exploitation, and financial exploitation; and
WHEREAS, between 500,000 to five million people suffer elder abuse every year; and
WHEREAS, it is estimated that approximately one out of every fourteen cases of elder abuse is
reported; and
WHEREAS, abuse of the elderly is preventable.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that June 2010 be recognized as "Elder Abuse Awareness Month" in New
Hanover County and that all residents and other jurisdictions are encouraged to become more
aware of this problem and join in the prevention of elder abuse.
ADOPTED this the 7 th day of June, 2010.
NEW HANOVER COUNTY
Jonathan Barfield, Jr., Vice - Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
06/07/2010
8 -2 -1
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 7, 2010
REGULAR
ITEM: 9
DEPARTMENT: Sheriff PRESENTER(S): Sheriff Ed McMahon
CONTACT(S): Sheriff Ed McMahon
SUBJECT:
Public Hearing and Consideration of Approval to Submit a Joint Application with the City of
Wilmington to the Edward Byrne Memorial Justice Assistance Grant (JAG) Program for 2010
Funding from the U.S. Department of Justice for Assisting State, Local, and Tribal Efforts to Prevent
or Reduce Crime and Violence
BRIEF SUMMARY:
New Hanover County and the City of Wilmington are certified as disparate agencies; therefore, 2010 JAG
grant funding in the amount of $132,779 is eligible as a joint allocation, $66,389.50 each agency. Submittal
of a joint application is required for disparate agencies. The New Hanover County portion of the funding
would be used for the purchase Sheriff's Office vehicles.
The JAG grant process requires a public hearing to be held for discussion on use of funds.
A Memorandum of Understanding between New Hanover County and the City of Wilmington is required as
part of the JAG grant process and hereby attached for consideration and approval. There is no local match
requirement.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Conduct a public hearing on the use of the 2010 JAG grant funding. After closing the public hearing,
authorize the Sheriff's Office to submit a joint 2010 JAG grant application with the City of Wilmington, and
authorize County Manager to execute the required County /City Memorandum of Understanding.
ATTACHMENTS:
2010 JAG Grant & Allocation
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Conducted public hearing and approved 4 -0.
Board of Commissioners Meeting
06/07/2010
9 -0
M"MMIRM
9941910to
WHEREAS, the United States Depailinent of 'Justice has announced the availabilit of certain
Edward B Me moil ial Assistance Grant. Funds throu its Office Of. Pro ins , Bureau of
Justice Assistance. and
5
W'HEREAS, pursuant to federal law The Attorne General of the United States and The United
States Depailtuent of Justice, BUreau of Justice Statistics, has determined and certified that the Couint
bears more than fift percent of the prosecution or ire .care ceration costs arisin fi-oin Part .1 violent crimes;
and
am=
NOW T14EREFORE, the parties hereto, enter Into the followin ni,utual understandin contai-ned
1. The Count and Cit shalljoin in the herein described g rant process, shall Use th.eIr best efforts to
facilitate said process to include, but not linifted to, the subtnissioii of appropriate and timel
fundin ,resoltitions to their respective g overnin g boards, and shall cooperate on,e with the other,
2. The parties hereto a to share on a, percenta based distributim] (50% Cit and 50% Count
of an and all ftinds awarded L111der the Edward B Meniorial Justice Assistance Grant and
9
further e ach part shall deterin i
ine ther individual fundin needs. The above stated percenta
shall be ad accordin to reflect the actual cost of the, e to be ac
3. Based on the individual fundin needs as determined b the parties and sub�,Ject to the approval of
each part g ovewrin g board, each part ma contribute a, propoilional, share of an niatchin
funds if deenied appropruate,
Board of Commissioners Meetin
06/07/2010
9-1-1
6. The Cit Mana has desi the Cit Police Depatiment Grant Mana to, submit the
is tit on. behalf of both parties and shall provide an additional docunl,ents re b the
JAG pro office.
7. This a shall con.u.nence on the da of 5 2010, and shall remain in
effect until completion of the g rant award pursuat,,it to, the Fiscal Year 2010 Edward B
Meniorl"al Justice Assistance Grant.
0
8t The terms and provi I sions entinierated herein slia,l] constitute the enfire undet'standin betweeti, the
parties, This Meniorandutn of Understandin stla1l, not bje niodified or othel,wise amended except
ill NNTitin si b the parties.
IN WITNESS WHEREOF, the parties have executed this Menioranduni of Understandin as of the da
and y ear firrst above written.
NEW HANOVER. COUNTY, NORTH CAROLINA
Count Mana
Clerk to th.e Boa,j,-M
CITY OF WILMINGTON
Board of Commissioners Meetin
06/07/2010
9-1-2
Board of Commissioners Meetin
06/07/2010
9-1-3
DRAF'
M, ]a TF=Q11j==1jT
Findin y our j urilsdictiollo.,
(1) Disparate J urisdictions are listed 'in shaded g roups below, in allphabetic order b count
(2) Eli sin 'urisdictions are listed alphabeticall below the shaded, disparate g roupin g s.
N C
INC
STANLY COUNTY'
ALBEMARLIE,CIT, Y
Count
Municipa
$1,62,57
Joint
NC
VANCE COUNTY
Co unty
Municipal
Formula-based
Application
State
Jurisdiction Name
Government T
Individual
( Disparate)
:NC
WAKE COUNTY
Count
Amounts
Award
(NC
RALEIGH CITY.,
Amounts
N C
MECKLENBURG COUNTY
Co'unt
$631751
CHARLOTTE CI'T Y
Municipal
Municipal
$92%2-41,
$1,11,278,
$940151,(%
HUNTERSVILLE TOWN
Board of Commissioners Meetin
N C
M RE COUNT, Y
SOUTHERN PINES; TOWN
Count
Municipal
$11,405
INC
NASH COI UNT
ROCKY MOU, NT CIT Y,
Count
Winicip"al
$ 6970,9
$69,1709
:NC
NEW HANOVER COUNTY
Count
$281 258
'NC
WILMINGTON CITY
Municipal
1,
$1041521111''
$1 32P7179
,NC
ORANGE COUNTY
CHAPEL HILL TOWN
C ou
Municipal
$2 3 1151
$2,3151
iNC
PASQU OTANK COUNTY'
Co
Municipal
$17576
NC,
ELIZABETH CITY
'N C
PERSON COUNTY
ROXBORO TOWN,
Count
Municipal
$101384.1--
PITTCOUNTY
COUnty'
Municipal
$3+216
$82113,49
$1,16,565
G RE ENVI L L E C IT, Y'
NG
ROW, AN COUNTY
Count
Mun I idpal
$14,555
$39
NG
SALISBURY CITY
N C
INC
STANLY COUNTY'
ALBEMARLIE,CIT, Y
Count
Municipa
$1,62,57
$1612,57'
NC
VANCE COUNTY
Co unty
Municipal
1618
1
$241215
$35833
NC.
HENDERSON CITY
:NC
WAKE COUNTY
Count
$251109
$279t,432
$ 30411541"
(NC
RALEIGH CITY.,
-
I-NC,
WAYNE COUNT Y
Count
Municipal
$631751
GOLDSBORO CITY,
Board of Commissioners Meetin
;NC
w.
WILSON COUNTY
06/07/201(b
9-1-4 unt
$11,405
M111 qn"N CITY
Municipal
$37j 95
$48
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 7, 2010
REGULAR
ITEM: 10
DEPARTMENT: Budget PRESENTER(S): Bruce T. Shell, County Manager
CONTACT(S): Cam Griffin, Budget Director
SUBJECT:
Public Hearing on the FY2010 -2011 Recommended Budget
BRIEF SUMMARY:
On Monday, June 7, 2010, the Board of County Commissioners will review the FY2010 -2011 recommended
funding with specific organizations and following will hold a public hearing at 6:30 p.m. to receive public
comments on the FY2010 -2011 Recommended Budget.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
On Monday, June 7, 2010, review the FY2010 -2011 recommended funding with specific organizations and
hold a public hearing at 6:30 p.m. to receive public comments on the FY2010 -2011 Recommended Budget.
ATTACHMENTS:
Public Hearing Speakers
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Conduct public hearing.
COMMISSIONERS' ACTIONS:
Conducted public hearing.
Board of Commissioners Meeting
06/07/2010
10 -0
PUBLIC HEARING
AGENCIES SCHEDULED TO SPEAK BEFORE
COUNTY COMMISSIONERS
New Hanover County Board of Commissioners
FY 2010 -2011 Budget Public Hearing
MONDAY, ,TUNE 7, 2010
New Hanover County Courthouse
24 North Third Street, Room 301
Wilmington, North Carolina
TIME AGENCY
6:15 New Hanover County Schools
6:20 Cape Fear Community College
Board of Commissioners Meeting
06/07/2010
10 -1 -1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 7, 2010
REGULAR
ITEM: 11
DEPARTMENT: Budget PRESENTER(S): Bill Hance, New Hanover County Schools
CONTACT(S): Avril Pinder, Finance Director and Cam Griffin, Budget Director
SUBJECT:
Consideration of the Board of Education's Request that the Board of County Commissioners Approve
Their Application for a Low or No Interest Loan in the Amount of $4,925,744 for Critical Facility
Needs Projects That Have Been Identified by the New Hanover County Board of Education (The
funding is part of the American Recovery and Reinvestment Act of 2009 (ARRA) funds.)
BRIEF SUMMARY:
The Board of Education requests the County Commissioners approve their application for American
Recovery and Reinvestment Act of 2009 (ARRA) funds. The State Board of Education, through the
Department of Public Education, has allocated $4,927,315 to New Hanover County Schools for the Qualified
School Construction Bonds Program (QSCB). The Board of Education has decided to apply for $4,925,744
of the allocated amount and has approved the application for the projects listed below at their May 4, 2010,
meeting. The funding is a low or no interest loan that New Hanover County would be required to pay back.
Debt payments will impact future budgets and the outstanding debt will be the responsibility of New
Hanover County. The application requests funding for the following projects:
Bradley Creek Elementary School Roof Replacement
$1,005,779
Mosley Performance Learning Center Roof Replacement
506,689
Virgo Middle School Roof Replacement
712
Wrightsboro Elementary School Renovations
1
Trask Middle School Renovations
485,562
Williston Middle School Renovations
364,533
Roland -Grise Middle School Renovations
181,349
Total
$4,925,744
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Consider approval of the Qualified School Construction Bond Application and authorization for the
Chairman to sign the necessary documents related to the application.
ATTACHMENTS:
Board of Education Resolution and ARRA Application
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Consider approval of the Qualified School Construction Bond Application and authorization for the
Board of Commissioners Meeting
06/07/2010
11 -0
Chairman to sign the necessary documents related to the application.
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
06/07/2010
11 -0
M
NEW HANOVER COUNTY BOARD OF EDUCATION
VINEREAS,, the American Recover Re
investment Act of 2009 (Public Law 111-5) (ARRA
established, zero or low interest bonds for the specific use of construction rehabilitation or repair of a
public school, or land in con with the previous and
WHEREAS, the State Board of'Education throu the; Department of Public Education has
allocated $4,927,315.00 to New Hanover Count Schools for the Qualified School Construction Bcoan
pro (QSCB) and I
WHEREAS, the Board of Education, as re b G.S 115c-52 1, submits their lon plans
for meetin school, facilit needs to the Sate Board of Education ever five y ear s • and
WHEREAS, eritieal facilit needs are identified and prioritize as a part of this process and
include the followffig pro
WHEREAS, it Is the intent of 'the Board Of' Education to, pursue these funds in cooperation, with
the New Hanover Count Commissioners,
New Hanover Count Board of Education hereb certifies that the QS,CI3 proceeds will be use
for the construction., rehabilitation or repair of the aforementioned pro an that they are eli
Prc�ects for the pro I
Resolved the 4th da of Ma 201
New Hanover Count Board of Education
Board of Commissioners Meetin
06/07/2010
11 - I - I
QUALIFIED SCHOOL CONSTRUCTION BONDS PROGRAM
(
APPLICATION FOR
The Board of Education of the above-named LEA certifies, through, a board resolution
dated 5L- that the QSCB proceeds, will be used as follows:
Note: A cop the resolution must q this amfication.
Construction, rehabilitation, or repair of a public school or for land acquisition, for such a
facllitY' (not landfor a futu
re project).
2. Provision of e to be used in the portion of the public school facilit to be
constructed, r6dbilitated', or repaired with QSCB funds (not personal computers or
similar technolo
Note- A copy of the pro description, proposed spendin andpro schedu
must accompan this application. 1 1
- IscB,'S MUST BE ISSUED BY DECEMBER 31 010
07^6%, Co - Bo of Education Count Board of Con-imissioners
Chair Chair
Secretar
Clerk
Date
Date
Plea Se return ori via certified, mai . post marked no later than June 15
- 2010 to.
QSC B 11
School Plannin Section
North Carolina Department of Public Instruction
6319 Mail Service Center
Ralei NC 27699-6319
Board of Commissioners Meetin
06/07/2010
11-1-2
Lcertification of ER -
Public Schools of North C�aroltna
Pro (QSCB
Qualiffied School Construction Bonds
PROJECT DESCRPTION
LEA — New Hanover Count y Schools
School , - Bradley Creek Elementary Rghnni
Project Description: Provide a brief narrative that describes the project bein applied for.
Complete roof replacement to include removal of existin roof s s c ral
, tru tu repairs and
installation of a modified bitumen roofin s with 20- manufacturer's s
warrant
Board of Commissioners Meetin
06/07/2010
11-1-3
. . .. ..... WIN
Date of desi start December 1 2010
Date of project start Mav 1 1 201
Estimated. completion, date Aqgqq -
12011
Board of Commissioners Meetin
06/07/2010
11-1-4
QUALIFIED SCHOOL CONSTRUCTION BONDS PROGRAM
Certification of Eli
Please return ori via cert-ified mail post marked.no later than June 15, 2010 to.
Q S C 1
School Plannin Section
North Carolina Department of Public Instruction
6319 Mail Service center
Ralei NC 27699-6319
Board of Commissioners Meetin
06/07/2010
11-1-5
(QSCB
APPLICATION FOR AUTHORIZATION
Public Schools of North Carolina
(Qsc rlk,�
tual'ified School Construction Bonds Pro 13
PROJECT DESCRIPTION'
LEA - New Hanover Couniy- 'el ool
School Mosley-Performance Lea niz Center
Project Description: Provide a brief narrative that describes the project bein applied for.
Partial roof replacement to include removal of existin roof s structural repairs and
installation of a modified bitumen roofin system with 20- manufacturer's s
warrant in roof sectors A. 1 throu A7 and A 10.
Board of Commissioners Meetin
06/07/2010
11-1-6
Date of desi start December 1,2010
Date of project start M 1, 2011
Estimated, completion date Ap 31 2011
Board of Commissioners Meetin
06/07/2010
11-1-7
QUALIFIED SCHOOL CONSTRUCTION BONDS PROGRAM
Certification of Ell"'
Please return ori via cerfified mail post marked no later than June 15,20110 to.
Q CB 11
School Plannin Section
North Carolina Department of Public Instruction
6319 Mail Service Center
Ralei NC 27699-6319
Board of Commissioners Meetin
06/07/2010
11-1-8
(
APPLICATION FOR AUTHORIZATION
Public Schools of North Carolina
Qualified, School Construction Bonds Pro (QSCB
PROJECT DESCRIPTION I
LEA --New Hanover County- Schools
School - Virgo, Middle School
Project Description.- Provide a brief narrative that describes the pro ect bein ap I ed for,
,p
Board of Commissioners Meetin
06/07/2010
11-1-9
Public Schools, of North Carolina
Qualified School Construction Bonds Pro (YSCB)
PROPOSED SPENDING PLAN
LEA New Hanover County Schools Date June 7,201 C�_
LEA Code 6 5 0 School Code 3 2 0 DS
P Propert Number (if known)
S xr.
chool V I
_YiE Middle Grades —6-8
Administration cost/Bond issue costs (max 2%),$_13 963.0
Desi fees $_74,801.00,_A
Renovation cost 62
I $M
U MI
Date of desi start November
Date of project start M'q 2011
Estimated completion date _AujzusL.
Board of Commissioners Meetin
06/07/2010
11-1-10
QUALIFIED SCHOOL CONSTRUCTION BONDS PROGRAM
Certification of Eli
Please return ori vlila certilfied mail post marked no later than June I to
5
2 01 0
QSCB 11
School Plannin Section
North Carolina Department of Public Instruction
6319 Mail Service Center
Ralei NC 27699-6319
Board of Commissioners Meetin
06/07/2010
11 - I - 11
(
APPLICATION FOR AUTHORIZATION
Public Schools of North Carolina
Qualified School Construction Bonds Pro (QSCM
PROJECT DESCRIPTION I
LEA New Hanover Count co
School
Project Description: Provide a brief narrative that describes the project bein applied for.
Board of Commissioners Meetin
06/07/2010
11-1-12
Public Schools of North Carohna
Qualiffied School Construction Bonds Pro (QSCB)
PROPOSED SPENDING PLAN
LEA — New Hanover Count Schools Date –June 7, 2010–
LEA Code 6 5 0
School, Code 4 0 4 DSP Propert Number ( *f know
School Wrightsboro Elem a
Grades –K-5
Total pro cost $ 1.636,98 *
198 00
Amount of' autho *
nty re $_I z66 1 727 0
Other sources of fundin and amounts for overall pro 0.00
(Note- Funds and reportin are NOT allowed to be comin
Date of desi start November 1, 2010
*ate of pro'ect st 43L
art M 1 20 1, 1
-
ui
Estimated completion date
• Rust 3 1, A 2011
Board of Commissioners Meetin
06/07/2010
11-1-13
QUALIFIED SCHOOL CONSTRUCTION BONDS PROGRAM
(
APPLICATION, FOR AUTHORIZATION
Q SCB 11
School Plannin Section
North Carolina Department of Public Instruction
6319 Mail Service center
Ralei NC 27699-6319
Board of Commissioners Meetin
06/07/2010
11-1-14
L 'ertl c tl n of Eligibility
Public Schools of North C I arolina
IIW
Qualit I ied School Construction Bonds Pro (QSCB)
PROjECT DESCRIPTION
LEA — New over Court v Se " 001s
School —Trask Middle School
Project Description: Provide a bn,ef narrative that describes the project bein applied for.
Board of Commissioners Meetin
06/07/2010
11-1-15
D ate of desi start 'November 1 20110
Date of project start M4 I
Estimated completion date —Au 1 201 1
Board of Commissioners Meetin
06/07/2010
11-1-16
y "'UALIFIED SCHOOL CONSTRUCTION BONDS PROG
Certification of Eli g iblitit y
The Board of Education of the above-named LEA certifies, through a board resolutio,
dated 5/4/2010, that the Q SCB proceeds will be used asfollows:
Note* A •
resolution must acc mpan thi
--."'o is application.
Construction,,, rehabilitation,, or repair of a public school or for !and ac for such a
facilit ( not land for a fbture pro
2. Provision of equipment to be used in the portion of the public school facilit to be
1 1
constructed, rehabilitated, or repaired with QSCB funds (not personal computers or
similar technolo
Please return ori via certified mail post marKed no later than Juge 15
to:
,201 .
QSCB 11
School Plannin Section
North Carolina Department Of Public Instruction
6319 Mail Service Center
Ralei NC 27699-6319
Board of Commissioners Meetin
06/07/2010
11-1-17
(
APPLICATION FOR AUTHORIZATION
ruolic Schools of North Carolina
Otualified Nchool Construction Bonds Pro (QSCB
PROJECT DESCRIPTION
Board of Commissioners Meetin
06/07/2010
11-1-18
Public Schools of North Carolina
Qualiffied School Construction Bonds Pro ( QSCB
PROPOSED SPENDING PLAN AND PROJECT SCHEDUL]
LEA New Hanover County Date June 7
LEA Code 6- 5 -0 School Code 31;_ L 2- DSP Propert Number (if known
School, Williston Middle School Grades 6-8
two
A
Administration cost/Bond issue costs (rnax 2%) $- 7-s-1-48*00
Wesi &es $— A22LW—
A- d
New construction cost,,�
Renovation cost IS 319 094
I 0=4
Date of desi start November
�O I
Date of project start --Mqy 1', 2,011
A
[Estimated completion date Ag 3 1 201
Board of Commissioners Meetin
06/07/2010
11-1-19
Certification of Eli
Please return ori via certified mail, post marked no later than, J
une 15,, 2010 to.
Q SCB 11
School Plannin Section
North Carolina Department of Public Instruction
6319 Mail Service Center
Ralei NC 27699-6319
Board of Commissioners Meetin
06/07/2010
11-1-20
Public Schools of'North Carolina
Qualified School Construction Bonds Pro (Q SCB
PROJECT DESCRIPTION
Board of Commissioners Meetin
06/07/2010
11-1-21
Public Schools of North Carolina
Qualified School Construction Bonds Program (Qs%.,.D)
PROPOSED SPENDING PLAN AND PROJECT SCHEDULE
LEA—New over Count Schools Date June 7, 2010
LEA Code 6– 5 0 School Code 3 6 4
D,S,P Propert N n )
School Roland-Q- se Mdd Grades –6-8
a I 1 11 0,
Administration cost/Bond, issue costs (inax 2% S 3 556 00
FV,,esi fees $_19,049.00
New construction cost $
Renovation cost $ 158 744 00
I WWI
Total project cost $ 7931,00
Amount of QSCB authorit re $ 181 349.00
Other sources of fundin and amounts for overall pro 0-00
(Note- Funds and reportin are NOT allowed to be comin
..... .... .
Date of desi start November 1, 2o i o
Date of pro start Mia- 1,20.11
Estimated completion date
Board of Commissioners Meetin
06/07/2010
11-1-22
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 7, 2010
REGULAR
ITEM: 12
DEPARTMENT: County Manager PRESENTER(S): Johnny Griffin, Director and Jimmy Smith,
Chairman, Wilmington Regional Film Commission, Inc.
CONTACT(S): Bruce T. Shell, County Manager
SUBJECT:
Wilmington Regional Film Commission Update Presentation
BRIEF SUMMARY:
Johnny Griffin and Jimmy Smith will make a brief presentation to update the Board of Commissioners on the
Film Commission's activities, successes and challenges.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Hear presentation.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Hear presentation.
COMMISSIONERS' ACTIONS:
Heard presentation.
Board of Commissioners Meeting
06/07/2010
12 -0
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 7, 2010
REGULAR
ITEM: 13
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director;
and Jane Daughtridge, Planning & Zoning Manager
CONTACT(S): Chris O'Keefe, Planning & Inspections Director; and Jane Daughtridge, Planning & Zoning
Manager
SUBJECT:
Public Hearing
Exceptional Design Zoning District Rezoning (Z -897, 8/09) - Request by Wilshire Management Group
to Rezone Approximately 9.93 Acres at 611 Middle Sound Loop Road from R -15 Residential District
to Exceptional Design Zoning District (EDZD)
BRIEF SUMMARY:
At its April 1, 2010 meeting the Planning Board voted 4 -0 to recommend approval of the request to rezone
property currently addressed at 611 Middle Sound Loop Road from R -15 to EDZD based on the information
presented. One person spoke in favor of the proposal and two people spoke in opposition.
The site is classified as Watershed Resource Protection on the 2006 CAMA Land Classification Map.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting or rejecting
any zoning amendment, the governing board shall adopt a statement describing whether its action is
consistent with an adopted comprehensive plan and explaining why the board considers the action taken to
be reasonable and in the public interest."
EXAMPLE: The County Commissioners find that this request for zoning map amendment from R -15
Residential District to Exceptional Design Zoning District as described is (or is not):
1. Consistent with the purposes and intent of the Exceptional Design Zoning District
outlined in section 53.6 of the New Hanover County Ordinance and several Policies of
the 2006 CAMA Land Use Plan, including Natural Resources, Land Use and Urban
Design, Transportation and Housing.
2. Reasonable and in the public interest to rezone 9.92 acres at 611 Middle Sound Loop
Road from R -15 Residential to EDZD Exceptional Design Zoning District
ATTACHMENTS:
Z -897 Staff Summary
Z -897 Core Requirements
Z -897 Petition Summary
Z -897 Adjacent Property Map
Z -897 Site Plan
Z -897 Application & Narrative
Board of Commissioners Meeting
06/07/2010
13 -0
Z -897 5 Mile Radius Map
Z -897 Traffic Impact Analysis
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Continued at the request of the petitioner to the August 2 agenda by a vote of 4 -0.
Board of Commissioners Meeting
06/07/2010
13 -0
CASE #: Z -897 (8/09)
APPLICANT: Wilshire Management Group
REQUEST: Rezone 9.92 acres at 611 Middle Sound Loop Road from R -15 Residential to
EDZD Exceptional Design Zoning District.
This is the first application to be reviewed under the new Exceptional Design Zoning District
option. The applicant proposes 48 townhomes on 9.92 acres on Middle Sound Loop Road.
PLANNING BOARD ACTION: At its April 1, 2010 meeting the Planning Board voted 4 -0 to
recommend approval of the request to rezone property currently addressed at 611 Middle
Sound Loop Road from R -15 to EDZD based on the information presented. One person spoke in
support stating that the project is a vast improvement to the overgrown lot and two people
spoke in opposition because of location and traffic concerns.
Staff Recommendations in accordance with Section 53.6.5
Planning staff, in consultation with other appropriate departments or personnel, shall prepare a
written report to the planning board and board of commissioners, containing the following
findings:
(1) As to the suitability of the proposals for the general type of function, the physical
characteristics of the land, and relation of the proposed development to surrounding
areas and existing and probable future development.
611 Middle Sound Loop Road is a former mobile home park currently zoned R -15
residential and surrounded by R -20 single-family residential development at a density of
1.9 units per acre. Residential development is a suitable function for the property. The R-
15 district allows 2.5 units per acre. Under other provisions of the ordinance, high
density development would not be allowed in this community. Exceptional Design is the
only option for seeking density greater than 2.5 units per acre in this R -15 district.
The 9.92 acre parcel is characterized by deteriorated mobile home sites and
driveways, mature trees and weeds, a small area of swamp forest COD and a drainage
easement along the eastern border. Slope is relatively flat on most of the property with
decreasing elevation along the east side as it slopes toward the drainage easement.
Staff would expect future development in the Middle Sound area to consist mainly of
redevelopment since very little vacant land suitable for new development remains. The
parcel does not provide habitat for any protected or significant species in the NC Natural
Heritage Inventory.
The proposal includes an innovative "Garden Park" amenity for the community
which provides unique recreational open space and an opportunity for residents to
gather and mingle.
Z -897, (8/09)
Page 1
Board of Commissioners Meeting
06/07/2010
13 -1 -1
Staff concludes that this proposal suits the function and characteristics of the
land but challenges the long- standing development trend of lower density residential
development in the Middle Sound Community.
(2) As to the sufficiency of supporting evidence in the application showing that the
proposed location can meet the basic criteria for exceptional design.
Supporting evidence provided by the applicant is sufficient to show that the
project can likely meet the core requirements for exceptional design. Certain
requirements such as LID approval and certified green building and water efficient
landscaping will be fully confirmed when the final plan is reviewed by TRC. There is only
one provider of jobs within the %mile walk distance and no commercial options within
walking distance. Commercial activity has been increasing about one mile away at the
intersection of Market Street and Middle Sound Loop Road in recent years.
Staff concludes that the supporting evidence is adequate. The proposal would be
very strong in a location with a greater mix of shopping and job opportunities within a
mile walking distance, but despite its weak satisfaction of the smart location
requirement, it does meet the minimum requirement and can likely satisfy all the core
and additional requirements outlined in the ordinance to qualify for Exceptional Design
Zoning District. The proposal as submitted also earns two (2) density bonus points for a
total qualification of 8 units per acre. Staff does not find that the building orientation
points should be awarded since the site plan does not reflect it, and the intent to explore
the option is not sufficient to earn points. No bonus points are required for this proposal
because the applicant is requesting less than the EDZD base of 6 units per acre. A total
of 4.8 units per acre is requested.
(3) As to the relation to major roads and mass transit facilities, utilities and other facilities
and services.
Only one street access is present to serve the property, regardless of the number
of units allowed. Surrounding development does not offer existing street stubs for
additional connectivity and the orientation of the property does not provide adequate
road frontage to accommodate a meaningful second access. Lack of options for
disbursing vehicular traffic is the weakest feature of the proposal. If approved, the TRC
will have to determine if the project can meet the normal connectivity ratio or
emergency access standards. No mass transit is available to this location. Market Street
is approximately one mile from the site. The applicant proposes to include bicycle and
pedestrian paths within the EDZD and also to contribute $15,000 toward installation of
an off -site bike /pedestrian facilityfrom the EDZD to Ogden Elementary School,
approximately %mile away. Accomplishing this connection to the school will strengthen
satisfaction of the intent of the proximity to jobs requirement as well as offering at least
one limited transportation alternative to future residents which will become an even
Z -897, (8/09)
Page 2
Board of Commissioners Meeting
06/07/2010
13 -1 -2
more meaningful contribution to the neighboring Middle Sound community as the
planned bike /pedestrian facility expands.
The required traffic impact analysis indicates that the peak hour traffic
generation for twenty-four (24) single family homes at R -15 residential density would be
twenty -seven (27) trips in the a.m. peak hour and thirty (30) trips in the p.m. peak hour.
By comparison, forty -eight (48) townhomes would generate twenty -nine (2-9) trips in the
a.m. peak hour and thirty -three (33) trips in the p.m. peak hour. South of the site at
Darden Road, a traffic circle is planned to alleviate congestion at the school. The project
is under way and NCDOT indicates that they hope to have it completed by August or
September of 2010.
In the past decade, public water and sewer has become available to enhance
protection of water quality in the Pages Creek watershed by eliminating septic systems.
The Cape Fear Public Utility Authority has provided a letter stating that adequate
capacity is available to serve the proposed development.
A Low Impact Development (LID) stormwater management plan is required of all
projects seeking an EDZD rezoning. Staff has reviewed a preliminary plan which appears
to offer sufficient LID techniques to meet that criterion. Final approval is required
through TRC review of the final plan submission if the rezoning is approved.
Staff concludes that lack of interconnectivity with the surrounding area and the
provision of only one access point are the only significant weaknesses relating to
infrastructure support.
(4) As to the adequacy of evidence on unified control and the suitability of any proposed
agreements, contracts, deed restrictions, sureties, dedications, contributions,
guarantees, or other instruments, or the need for such instruments, or for
amendments in those proposed.
The entire property is shown on the New Hanover County tax records to belong to
Wilshire Management Group, the applicant. The applicant is a limited liability company
incorporated in 2004 through the State of North Carolina for the described purpose of
"real estate."
Staff concludes the applicant maintains unified control of the property.
(5) As to the suitability of plans proposed or the suggestion of conditions.
The proposed site plan includes a detailed concept plan which demonstrates a
broad array of positive design features. The proposed 48 units are expressed as
townhomes clustered in one, two and three -unit designs, preserving 61% of the site as
common area open space and reducing permitted impervious surfaces by nearly 15°0.
Low impact development techniques are demonstrated on the concept plan and in text.
A small area of swamp forest will remain undisturbed. A "Garden Park" community
garden and gathering space has been included along the front of the project, allowing
for interaction with the broader community.
Staff concludes that the proposed site plan is suitable to express the intentions of
the applicant and, in general, the satisfaction of required elements.
Z -897, (8/09)
Page 3
Board of Commissioners Meeting
06/07/2010
13 -1 -3
(6) As to the consistency with the County's adopted Land Use Plan and other adopted
plans for development in the vicinity, and suggesting how the rezoning might be
reasonable and in the public interest if approved.
In May of 1987, the county adopted the Middle Sound /Ogden ...Future
Directions plan. Major concerns outlined in the plan included traffic congestion;
character, density and rate of residential development; and environmental protection
challenges in fragile areas served only by septic tanks. The primary strategies for
addressing these concerns included signalization and turn lanes at Market Street, along
with added connectivity through Gorman Plantation to the south and Darden Road to
the north; reduction of allowable residential density; and construction of a sewer system.
Soon after the plan was adopted, substantial rezoning took place to change most
undivided property to R -20. Public water and sewer are now available in the community
and Conservation Overlay standards are in place to protect fragile areas. The
intersection of Market Street and Middle Sound Loop Road has been signalized with
turning lane improvements. A traffic circle has been approved for the intersection of
Middle Sound Loop Road and Darden Road to alleviate congestion at Ogden Elementary
and interconnectivity has been established through Gorman Plantation and Darden
Road.
The 2006 CAMA Land Use Plan includes policies and land classifications that
express the county's goals and strategies for steering growth to areas suitable for
development while protecting the fragile ecosystems that sustain our economic appeal
and our quality of life. Several strategies encourage adoption of exceptional design
standards to mitigate the negative impacts of development in sensitive areas. Low
impact stormwater management standards and mixed use options are consistent with
the plan. At the end of 2009, a new district, Exceptional Design Zoning District (EDZD)
was added to the zoning ordinance. This district encompasses many requirements of
smart and sustainable design by creating a menu of siting and design elements in order
to qualify for consideration.
Staff concludes that the proposal challenges the 1987 neighborhood growth
strategy to keep density low, but complies with the expressed goals of the 2006 CAMA
Land Use Plan. Staff feels the proposal can be considered reasonable since it asks for less
than the allowable EDZD base density and meets the core elements and exceeds the
minimum for additional requirements of the Exceptional Design Zoning District. It can be
considered in the public interest because the impacts of additional density are offset by
substantial increases in open space, reductions in impervious coverage and a
commitment to establish abike /pedestrian facility between the project and Ogden
Elementary School in an area without existing sidewalks or bike paths.
Z -897, (8/09)
Page 4
Board of Commissioners Meeting
06/07/2010
13 -1 -4
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A -341 which requires that "Prior to adopting
or rejecting any zoning amendment, the governing board shall adopt a statement describing
whether its action is consistent with an adopted comprehensive plan and explaining why the
board considers the action taken to be reasonable and in the public interest."
EXAMPLE:
The County Commissioners find that this request for zoning map amendment from R -15
Residential district to Exceptional Design Zoning District as described is (or is not):
1. Consistent with the purposes and intent of the Exceptional Design Zoning District
outlined in section 53.6 of the New Hanover County Ordinance and several Policies of
the 2006 CAMA Land Use Plan, including Natural Resources, Land Use and Urban Design,
Transportation and Housing.
2. Reasonable and in the public interest to rezone 9.92 acres at 611 Middle Sound Loop
Road from R -15 Residential to EDZD Exceptional Design Zoning District
Z -897, (8/09)
Page 5
Board of Commissioners Meeting
06/07/2010
13 -1 -5
CORE REQUIREMENTS
1. Smart Location
REQUIRED
Option 1: Locate project on an infill site
Option 2: Locate project on an adjacent site with pre - project connectivity.
Option 3: Locate project near existing or planned adequate transit service.
Option 4: Locate project near existing neighborhood shops, services, and facilities.
2. Proximity to Water and Wastewater Infrastructure
REQUIRED
Option 1: Locate project on a site served by existing water and wastewater infrastructure.
Replacement of or other on- location improvements to existing infrastructure are
considered existing for the purpose of achieving this option.
Option 2: Locate project within an area scheduled for water and sewer expansion where
verifiable expansion plans can be provided and allocation of capacity can be confirmed
with the Cape Fear Public Utility Authority.
3. Significant Species and Ecological Communities
REQUIRED
Option 1: After consultation with the NC Natural Heritage Program map as found on the
New Hanover County online mapping services, no species present or likely to be present
that are listed under the federal Endangered Species Act, NC endangered species list or
listed in the NC Natural Heritage Program as either Nationally, State or Regionally
Significant.
Option 2: If initial consultation with the NC Natural Heritage Program map is inconclusive,
then a qualified biological scientist performs biological surveys to determine the presence
of endangered or significant species or the applicant consults with the NC Natural Heritage
Program in Raleigh to receive a State determination.
Option 3: If endangered or significant species are found, comply with an approved Habitat
Conservation Plan (HCP) under the Endangered Species Act for each species or receive an
approved mitigation plan from the NC Natural Heritage Program.
Option 4: If endangered or significant species are found and no approved HCP exists, work
with an appropriate authority to create and develop one or develop an approved
mitigation plan with the NC Natural Heritage Program.
4. Wetland and Water Body Conservation and Preservation
REQUIRED
To prevent bacterial contamination of surface water, install pet waste stations within
required open spaces and implement a maintenance schedule for the pet waste stations
-and -
Option 1: Locate project on a site that includes no jurisdictional wetlands, water bodies
(including but not limited to intermittent and perennial streams) or land within 100 feet of
these areas.
Board of Commissioners Meeting
06/07/2010
13 -2 -1
Option 2: Locate project such that pre - project jurisdictional wetlands, water bodies
(including but not limited to intermittent and perennial streams), and land within 100 feet
of such areas shall not experience significant destruction or lasting detrimental effects to
water quality or other protected natural resources as a result of new development.
Significant destruction shall include the construction, excavation, deposition, of materials
in, over or on such land or any work that would affect the course, location, condition, or
capacity of the receiving water body.
5. Floodplain Avoidance
REQUIRED
Option 1: Locate on a site that does not contain any land within a 100 -year floodplain.
Option 2: Locate the project on an infill site or a previously developed site and comply with
the NFIP requirements for developing portions of the site that lie within the floodplain.
Option 3: Develop only on portions of the site that are not in a floodplain or on portions
that have been previously developed.
6. Stormwater Management
REQUIRED
Implement a comprehensive stormwater management plan for the project that infiltrates
and reuses stormwater runoff. Stormwater shall be managed following the principles
prescribed in the New Hanover County -City of Wilmington Joint Low Impact Development
Manual and will enable a project to use the LID -EZ Spreadsheet Tool. A determination that
a project qualifies as a Low Impact Development shall be made by the Technical Review
Committee (TRC).
ADDITIONAL REQUIREMENTS (MINIMUM OF 12 POINTS FROM THE CRITERIA LISTED
Points
BELOW IN ADDITION TO THE CORE REQUIREMENTS)
1. Bicycle and Pedestrian Access
2 points
Include a pedestrian or bicycle through- connection in at least 90% of any new cul -de -sacs,
except where prohibited by topographical conditions. Provide bicycle parking and storage
for developments that contain multifamily, retail and commercial development. Provide
convenient access and off -site connections to all constructed or planned bicycle and
pedestrian infrastructure networks.
2. Housing and Jobs /Commercial Opportunity Proximity
2 points
Option 1: Include a residential component equaling at least 30% of the project's total
building square footage, and locate and /or design the project such that the geographic
center is within a % mile walk distance of pre - project full -time equivalent jobs equal to or
greater than the number of dwelling units in the project
Option 2: Include a non - residential component equaling at least 30% of the project's total
building square footage
3. Diversity of Uses
2 -4 points
Include a residential component in the project that constitutes at least 25% of the project's
total building square footage and design or locate the project such that at least 50% of the
dwelling units are within % mile walk distance of the number of diverse uses in the
approved diversity of uses table. At least one use from two of the three diversity of uses
list is required.
4. Conservation Management of Habitat or Wetlands
2 points
Create a long -term management plan for new or existing on -site native habitats, and /or
Board of Commissioners Meeting
06/07/2010
13 -2 -2
water bodies and wetlands and their buffers, and create a guaranteed funding source for
management.
5. Transit Facilities
4 points
Locate development within % mile of an existing or planned transit route. Provide or
identify covered and at least partially enclosed shelters, adequate to buffer wind and rain,
with at least one bench, at each transit stop. Provide kiosks, bulletin boards, and /or signs
devoted to providing local public transit information as part of the project, including basic
schedule and route information at each public transit stop within or bordering the project.
6. Certified Green Building
2 points
Design, construct, or retrofit one whole residential or non - residential building to be
certified through: LEED, NAHB Green Building Standards, North Carolina Healthy Built
Homes or Green Globes.
7. Minimum Building Energy Efficiency
4 points
For non - residential building, mixed use buildings, and multifamily residential buildings four
stories or greater, new buildings must be on average 10% better than ANSI /ASHRAE /IESNA
Standard 90.1 -2007. For new multifamily residential buildings three stories or fewer and
new single - family residential buildings: 90% of new buildings must meet Energy Star
criteria.
8. Water Efficient Landscaping
2 points
Reduce potable water consumption for outdoor landscape irrigation by limiting turf to 25%
or less, incorporating rainwater catchment system(s) such as rain barrels or cisterns into
the project, installing drip irrigation and utilizing stormwater for landscape irrigation.
9. Building Orientation
2 points
Design the project so that a minimum of 75 percent of the building sites are constructed
with the longer dimension of the structure facing 0 -30 degrees of south.
10. Affordable Housing
2 points
Include a minimum of 15% of the dwelling units as rental and /or for -sale dwelling units
priced for households earning below area median income (AMI). Rental units must be
maintained at affordable levels for a minimum of 15 years.
*No partial points will be awarded. Points will not be awarded on a sliding scale.
Core Requirements + Required additional 12 points + 2 bonus points.
Board of Commissioners Meeting
06/07/2010
13 -2 -3
Case: Z -897 (8/09)
Exceptional Design Zoning District Rezoning from R -15 to EDZD to create a sustainable
community, consisting of 48 duplex and triplex style units.
Petition Summary Data
611 Middle Sound Loop Road
Owner /Petitioner Wilshire Management Croup
Existing Land Use: Vacant
Zonin_ History: Area 3 (May 18, 1970) (3/2005)
Land Classification: Watershed Resource Protection
Water Type: Public
Sewer Type: Public
Recreation Area: Ogden Park
Access &Traffic Volume: Middle Sound Loop Road (minor arterial)
Average Daily Trips (ADT) on Middle Sound Loop Road have decreased slightly from
8662 (2008) to 8649 (2009).
Fire District: Ogden Volunteer Fire Department
Watershed &Water Quality Classification: Page's Creek SA; HQW; 303(d)
Aquifer Recharge Area: A shallow water -table sand aquifer and underlying artesian
aquifer containing fresh water over salty water.
Conservation /Historic /Archaeological Resources: Small area of swamp forest
Soils: Se- Seagate fine sand
Septic Suitability: Class II- Moderate Limitations
Schools: Ogden Elementary School
Board of Commissioners Meeting
06/07/2010
13-3-1
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13 -5 -1
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Board of Coin mission- Meeting
06/07/2010
13
New r anover County Planning Department
Exceptional Design Zoning District Application
Responses to Application Questions
Owner: Wilshire Management Group
Parcel ID Number: R04400-003-121-000
Parcel Address: 611 Middle Sound Loop Road
Current Zoning: -15
Requested Zoning: Exceptional Design Zoning District (DD)
Project; Middle Sound !Village
Note: I n a n effort to efficiently provide re po n ses to the questions Ii t d in the application and rn o re
importantly add c a rity to the presentation of the proposed m e rits of the project, we have provided
Project Summary narrative, which shall serve as an attachment to the application and a point of
reference for our responses to each of the questions listed in the Exceptional Design Zoning District
Application.
ED D Prerequisite Applicability Narrative
At Core Requirements
1. a Smart Location
a. Option 1: The project is located on an Inf ill Site and is surrounded on all four
sides by existing development.
2. Proximity to Wate r and Wa stewate r Infrastructure
a. option 1: Sanitary Sewer is on site, having been first installed to serve the
Countryside Trailer park. Water is located within Middle Sound Loop Road
and is easily accessible. The Cape Fear Public Utility Authority currently has
a rn p I e capacity to serve the project.
Significant Species and Ecological Communities
a* Option 1, There are no spades present or likely to be present on site that are
listed under the federal Endangered Species Act, NC Endangered Species List,
or listed in the NC Natural Heritage Program as either nationally, State, or
Regionally Significant.
b. 3/16/10- At the request of staff, the applicant has supplemented this package
with a copy of the app I ica bbe US Army Corps of Engineers Notifi ation of
Jurisdictional Determination, dated 3.23.2007" and valid thru ..off.. The
determination verifies that "there are no craters of the DS, to include
wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act ". The pocket of
non-jurisdictional wetlands, and a 25' COD around the wetlands are shown on
the applicant's site plan. Also shown on the applicant's site plan, are all of
the significant trees on site. In the design of their conceptual site plan in
connection with this application, the applicant attempted to avoid as many of
these features as possible. There were no impacts to the wetlands, and
minimal impacts to existing trees on the site. If approved, the applicant will
have the ability to further mitigate the *1mpact on the existing trees. o n site,
Board of Commissioners Meeting
06/07/2010
13 -6 -3
through slight modifications in the orientations and to Lion of the units to be
built on site. Though l00% avoidance will not be possible, the applicant does
acknowledge the value of the trees on site and would like to preserve them as
much possible. -
4. wetland and Water Body Conservation
a. Option 1: There are no jurisdictional wetlands on the site
S, Floodplain Avoidance
a. Option : As indicated on floodplain map panel 3169, as found on New
Hanover County's website, no portion of the site lies within the 100 year
floodplain.
6. Stormwater Management
a. A conceptual plan showing how LID concepts will be used to manage the
project's stormwater was submitted to TRC, reviewed, and received staff level
approval.
B. Additional Requirements
1. Bicycle and Pedestrian Access Points)
a. The proposed plan includes a pedestrian /bicycle through connection in all cul-
de-sacs, in addition to connectivity throughout the neighborhood.
Furthermore, the applicant would like to help facilitate the construction of a
bike path as identified in the MP 's 2030 plan) or a multi-use path
connection between the project and Ogden Elementary School.
2. Housing and Jobs/Commercial opportunity Proximity Points)
a.o dean Elementary School is located within Y2mile walking distance of the
project and employs approximately 84 employee (the proposed project
density is 48 units). The actual distance between the school and the
geographic center of the project is .46 Miles.
3. Conservation Management of Habitat or Wet Points)
a. As a condition of TRC approval for the project, the applicant will create a Iong-
term management plan for new and existing native habitants found on the
site and will use the POA to fund their continued maintenance.
4. Certified Green Building (2 Points)
a. The applicant will design and construct at least one home which will be
certified under LEER, IHB Green Building Standards, NC Healthy Built
Homes, or Green Globes. The applicant has already hired a consultant to
assist them in designing a series of environmentally friendly homes for the
community.
S. Minimum Building Energy Efficiency Points)
. At least o of the new homes to be constructed within the community will
meet Energy Star Criteria.
fir. water Efficient Landscaping (2 points)
. The applicant will create a efficient landscaping plan, will limit turf to 5 % or
less, and will incorporate rainwater catchment system s) such as rain barrels
for every ho me, in an effort to harvest rain water for irrigation.
7. Building orientation (2 Points)
a.The applicant is exploring the option of orienting a minimum of 5% of the
buildings with the longer dimension of the structure facing 0-30 degrees of
south, in an effort to take advantage of sunlight for heating and cooling.
Board of Commissioners Meeting
06/07/2010
13 -6 -4
These points are not needed to qualify for the base density, nor the proposed
density, for this project.
What You Must Establish For a Change of Zoning
1. How would the re nested change be consistent with the Count 's Policies
for Growth and Development?
Applicant's Response: We believe that the requested change and associated concept site plan are
consistent with the following policies, which are listed in the County's Policies for Growth and
Development, within the CAMA land use plan. The applicable language from the County's Policies for
Growth and Development has been provided (in italics) with our responses for each topic in BOLD.
Issue : Water Quality
Policy .. . "' Ma ke every effort t prey en fu rth er deterroratron of estuarine wat er" quality
and loss of public trust uses in the creeks and sounds a improve water quality in all
.surface water bodies so that each crater body meets its use designation determined by
the Division of W ater quality, Marine Fisheries, Hea and E. P. A.
0 Policy .2 " aintain water quality levels in all surface water bodies once their use-
designation has been achieved. •'
i. Implementation Strategy 1.2.2; "Develop drainage systems and design
standards that reflect the natural carrying capacity of the watershed i.e. Soils,
.slope, permeability, and other natural features),
i. Implementation ,Strategy 1.2.4: "'Develop standards to ensure the retention,
ac�quisit�iorr, and management of natural vegetative buffers to preserve,
maintain, and protect water quality.
iii. Implementation Strategy 1.2.5: " pdr teldevelop subdivision design standards
to protect and improve water quality in sensitive areas. ""
Policy 1.4. " "Ensure the protection, preservation, and wise use of natural resources by
careful review and consideration of the potentially adverse environmentarl impacts of
development through the creation and implementation of an environmental review
process.
J. Implementation Strategy 1.4.5: ""Develop an environmental review process to be
conducted by staff as part of th e technical review process for all major
development project's or any development that requires a land disturbing permit.
This process will include:
a guidelines for the evaluation of cumulative impacts on the environment
b guidelines for review of impacts in accordance with goals of wetland
avoidance, minimization, compensation, a ndlor mitigation.,
c identification and protection of historical, archaeological, and other
conservation resources;
Board of Commissioners Meeting
06/07/2010
13 -6 -5
dJ identification and preservation of protected trees and significant tree
clusters;
eJ Guidelines for incorporated low impact development techniques into site
design.
Applicant's Response: As outlined lin the attached project summary, the requested change would
allow for the implementation of Low Impact Design Techniques, a reduction in impervious area within
the project over that found in and allowed under the current R-15 plan , and a 4.5 acre increase in
open space ( over the R -15 plea), on a 9.86 acre site, all of which will have a sustained positive impact
on the environment and help in preserving and improving water quality within the Middle Sound
rea.
Issue : Open Space: "There is a strong community desire to preserve remaining natural areas
and to provide for the creation of additional public use areas, natural open space, green ways,
bile paths, hiking trails, conservation areas, and access to our waterways.""
Policy ..: "Ensure the provision and preservation of adequate open space for the
continuing enjoyment of residents, for its contribution to the community today and for
generations to come to protect our natural environment and wildlife habitats, and to
provide educational and recreational opportune "ties."
i. Implernentation Strategy 2..x.1: "Develop and implement a comprehensive, join t
City - County open space, green ways, crud trails, master plum.
ii. Implementation Strategy .1.5 "identify areas of opportunity for open space on
the Future Lard Use and Load Classification Maps.'
iii. Implementation Strategy 2.1.7: "identify as part of the environmental review
process opportunities for preservation o open space in new eveloprrrent
projects. "
• Policy 2.2: "identify and protect green ways as apart of a natural areas master plan and
protect these resources or mitigate their loss as pant of the development process..
i. Implementation .strategy 2.2.3: "Develop incentives for private developrrrent to
dedicate laird and or easements to provide key links in the green way system.
ii. Implementation Strategy 2.2.5: "Establish greenway links between adjacent
rcent
communities. "
• Policy 2.3: "'Encourage development patterns that preserve natural areas, buffers, and
trees by developing standards for cluster development and other development types that
allow greater design flexibility.
i. Implementation Strategy 2..x.4: " evelop awords and incentives programs to
encourage use of preservation mechanisms.""
""
• Policy 2.5. "'e elop o green way master plan that integrates Airlie Gardens with other
parks, open space, and natural areas targeted in a natural areas preservation plan to
achieve the following goals: provide public open space; protect water quality, the natural
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environment, and the coastal landscape., provide educational op ortunities; and assure
Perpetual accessibility for the community. •'
L Implementation Strategy 2.5-6: ;: "Initiate a program to connect communities with
greenways. ".
Applicant's response: is outlined in the attached project summary. the requested change would
allow for the creation of additional open space well in excess of that provided by the previous plan
under the previous zoning (over 6 acres under EDZD as opposed to approx. 1. acres under R-15),
while also exceeding the county's requirements for preservation of open space under the current -1
zoning. The proposed plan also allows for the development of a prominent and highly functional park
"Garden Park" to be constructed within the community along its frontage on Middle Sound Loop.
Furthermore, the applicant has indicated that they would be wiIIing to contribute funding towards or
actively participate in the construction of a bile lane along Middle Sound Loop or a section of multi
use path, between the subject property and Ogden Elementary (a community feature that has been a
requested need of the MiddIe Sound co rn m unity for over 22 years now — See 1987 Middle Sound
Plan).
Issue : Environmental ProtectionlQuality of Life
• Policy 3. 1. " "Preserve and restore shell fishing to all SA waters and restore the water
* , quality of all non - supporting surface waters to levels necessary to support their use
designations. "'
• Policy 3.7. . "`Ensure the protection of coastal and federally regulated wetlands and
exceptional and substant ial n on-co arst rl wetlands that have important functional
significance through early identification in the development process. Review of
development proposals should seek to achieve the hierarchical goals of impact
avoidance, minimization, and or mitigation."'
i. Implementation .strategy 3.7.2. " evelop standards for protection of exceptional
and substantial wetlands and include them in the Conservation overlay District
ordinance to accomplish goals of wetland o voidance, minimization, ation, or
mitigation."
ii. Ir plementation ,Strategy 3.7.4: "Vevelop stan dards for low impact development
and site planning for projects in conservation, resource protection, coastal
wetlarnds, 404 wetlands or other sensitive areas. 11
Policy 3. : " " Protect the health of coastal ecosystems by requiring the consideration in
all land use decisions and in the development or revision of local plans, capital facilities,
services, and ordinances of cumulative and secondary impacts of land use and
development, and the limited carrying capacity of coastal ecosystems. "
Policy 3.12: "Carefully illy control development and redevelopment activities within the
Watershed Resource Protection and Conservation areas identified on the Lanai
Classification Map to prevent the degradation of water quality in the creeks and sounds,
to protect the public health, and to ensure the protection of these vital natural resources
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by reducing nutrient, pesticide, sediment, acrd other pollutonts. The following standards
shall apply,-
i. Impervious surface coverage shall be limited to twenty-five percent in the
Watershed Resour ce Protection and Conservation Areas.
ii. Projects that conform to adopted exception al design s ton dards for enhanc d
storm water controls may exceed 25 in the Wat rshed Resource Protection
areas.
iii. Ncrtural vegetative buffers shall be established to effectively filter runoff before
it enters surface waters.
a Implementation Strategy 3.1x.1: Revise standards for exceptionally
designed residential projects to be applied to impervious surface limits.
b Implementation Strategy 3.12.4: Develop exceptional design standards
for redevelopment projects allowing the same or greater impervious
surface coverage on the lot as exists in Conservation and watershed
Resource Protection areas.
c) Implementation .strategy 3.12.5: Implement the % impervious surface
cover threshold for commercial and redevelopment projects once
exceptionally designed project standards have been developed.
d Implementation Strategy 3.12.8: Develop specific grater quality
standards an development perform an ce stand Ards for each watersh ed,
to include maximum impervious surface, buffers, permeable paving,
reduced parking surfaces, and others.
e Implementation Strategy 3.12.9: updateldevelop subdivision design
standards to protect and improve water quality in sensitive areas.
• Policy 3.14: "Encourage de elopment away from exceptional and substantial wetlands,
sensitive areas acrd naturol heritage areas by allowing greater design flexibility in cluster
development and other altern ative devel pment types. "'
i. Implementation ,Strategy 3.14,4: adopt specific development standards to
preserve wetlands and a protective buffer.
fl. Ir plementation Strategy 3.14.5: : Develop standards for design flexibility that will
encourage preservation of wetland areas and sensitive natural heritage areas.
iii. Implementation Strategy 3.14.7.
., . : Establish incentives, including transfer er o
development rights, to protect high priority sensitive areas and narturarl heritarge
areas.
• Policy 3.26: ""Ensure that all land use and development decisions protect groundwater
aquifers. }"
i. Implementation .Strategy 3.26.5: Promote development patterns that promote
aquifer recharge.
Ap pIi a 's Response: As outlined ire the attached project summary, tine requested change wou l
allow for the implementation of Lour Impact Design Techniques, a reduction in impervious area w ithin
the project, and an substantial increase in open space within the project, all of which will have
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positive l on the environment and hello in preserving and improving water quallity within the
MiddIe Sound area, Also, all o ns ite storm water will be di rested to vegetated swa Ies, io- retention
areas, and infiltration basins which will all serve as natural conduits for aquifer recharge and are all
prescribed "Best practices" under the City and County's Low Impact Development rnanu a 1. The
applicant's conceptual plan has been submitted to TRC and received Staff approval for its adherence
and applicability to the LID manual. The development plan will be submitted to the full spectrum of
LICE regulations and will utilize the LID Spreadsheet tool.
Issue 5: Urban Design and Character
• Flexible and innovative site plan criteria are needed to guide the development process
throughout the county.
• Existing lan d use pattems and facilities for altem ate methods of transportation result in
sustained dependence on the automobile.
• Allowing higher density where adequate infrastructure exists and where natural
conditions will not be adversely affected would tale pressure off areas that are more
sensitive.
• Lard use plans and regulations effecting land are not systematically coordinated
between the City and County and do not always incorporate the conclusions of other
planning efforts.
`here are no urban growth boundaries preventing the continuation of urban sprawl and
undesirable growth att rns.
There is no ,system to identify elements that define quality of life and determine the
impacts of the built environment on those elements.
i. Policy 5-2: ""Encourage innovative development strategies while providing
flexible design guidelines that enhance the aesthetics and minimize adverse
en vir n mental impacts of the built envir n ment.
a Implementation Strategy 5.2.2: Develop Specific urban design .standards
to emphasize the creation of public spaces.
b Implementation lerrmentation trategy 5.2.4: Provide incentive to property owners to
reserve and reclaim key natural resources through innovative design.
c) Implementation Strategy 5.2.7. Build partnerships at the community
level to educate citizens on issues ranging from low impact development
pent
to Protection of natural vegetative buffers.
it ", Policy 53: "Adopt specific performance criteria- including connectivity, transit
facilities, and pedestrian and bile facilities- for new development and
redevelopment that promote efficient transport of goods and services and
provide alternatives to the automobile
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a lr r leme nation Strategy ,x..3.2: Assure consistency with plans for bike,
pedestrian and other transportation facilities., and the extension of
public utilities.
b Implementation ,strategy 5.3.3: Promote alternative modes of
transportation in design guidelines.
N. I olicy , . ': the character of the area's existing residential
neighborhoods and quality of life."
a) Implementation Strategy rtegy . . : Protect existing residential
neighborhoods and integrate development and growth with input from
residents.
Applicant's Response: As outlined in the attached project summary, the applicant's development plan
utilizes modern development techniques, traditional neighborhood design concepts, and log impact
design tools to deliver a site plan that gives equal consideration to residential density, environmental
s st inability, and the needs and wishes of the surrounding neighborhood residents. The applicant's
site offers accessibility to water, severer, and major transportation arteries. Furthermore, it is located
close to Wilmington and the growing Landfall retail and office su bm rl et, making it a logical site for
the residential density prescribed under the EDZD ordinance. Lastly, the applicant gage adeq uate
consideration to the facts of the 1987 Middle Sound Plan and the community feedback it offered, and
attended and reviewed all of the feedback from the May 12 2009 Middle Sound Community
Meeting, in addition to hosting three neighborhood meetings of their own (One on June 15"' 2009, and
then two more on February 7 and 181h , 010). All community feedback was used extensively in the
development and refinement of a viable site plan which we believe adequately addresses all
neighborhood concerns.
Issue : Troffic
Alternative forms of transportation which could alleviate traffic volume are not given
enough emphasis,
i. Policy 5.8: ""Collaborate with the f C OT and the WMPO to encourage
alternative forms of transportation including regional rail, local transit, bicycle
and pedestrian movement, Transportation Demand Measures such as van -
pooling and ride shafing, and inter- -modal transportation systems.
ii. Policy 6.9: ""Provide alternatives to automobile transportation by requiring all
new development, redevelopment, and improvements to existing facilities to
make provisions for a comprehensive network of bicycle and pedestrian
facilities, including pedestrian causeways, bridges, and crossings on collector
streets and major arterials."
a Implementation Strategy 6.9.5: Identify bike route and greenway
networks in the Parks, Recreation and open ,space !Master plan so that
links can be provided during the development Process.
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,b) Implementation Strategy 6.9.6: initiate a connecting commu
program to provide links for bile and pedestrian connections between
a d j acent comrr unities.
Applicant's Response: As outlined In the attached protect summary, th e proposed plan requests 20
additional units above that of the previous use (28 Trailers) and 23 more units above that which i
allowed under the current zoning Single Family Units). The current proposed units consist of
"DuPIex" and "Trl p lei " style units w single story Iivi ng. As outlined in the Traffic Impact Ana lys is
submitted with this application, which was performed by a licensed traffic engineer, the cumulative
traffic counts f or these units resulted in 29 11 peak hour trips and 33 PM peals hour trips a
cornpared to the curnuIative traffic counts for the 25 Single Family units aIIowed under the current -
zoning, which would result in 27 AM peak hour trips an 3 0 PM peals h our trips. Furthermore, the
applicant has given consideration to the request by the neighboring residents for the installation of aw
bike lane on Middle Sound Loop (see also, the MPO's 20 plan) or a multi -use path along Middle
Sound loop Road, and is willing to help facilitate its construction through a moneta ry cont rib ution or
wiII assist the co u nty in its construction under the frame work of a development agreement. The
installation of the Mice lane or multi-use path will help alleviate congestion by providing an alternat
means by which residents of the Emerald Forest Community or residents of neighboring communities
can walk o ride a bicycle with their children to Ogden Elementary rather than travel b car.
lssue }9 Facilities a Services
P01icy 9.1.' " timely, cost-effective, and efficient capital facilities and community
infrastructure consistent with specific infrastructure plans, to suitable areas within the
urban services area acrd develop cri teria for future expansion of the urban services area.��
i. Implementation Strategy 9.1.2: Develop a program forjoint p blic private
inf ras t ructure investment opportunities for infrastruct expansion.
Applicant's Response: As outlined in the attached project summary, and also mentioned in the
previous response, the applicant is ready, willing, and able to work with the county to provide several
solutions to the requested needs of the community. These include the bike lane /multi -use path,
increased environmental stew in site design, functional park space, etc.
Issue 10. Storm Water
"Poorly controlled storm water mano ement from existing a f uture developments
causes problems for adjacen residers t . "
i. Policy 10.2: "'Develop a City and C ounty storm water management ent program that
balances the financial cost between existing and new development and provides
incentives for redevelopment that includes retrofits to address existing
problems"
h. Policy 10.3: " "Protect surface water quality by prohibiting new, and el iminating
existing tingr collection systems that directly discharge storm water to surface waters,
including storm water runo f rom roadways.'
rys.'
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a Implementation Strategy 10..x.,3: Continue to seek methods to fund and
construct BI1 M `s to treat direct storm water discharge.
iii. Policy 10.x: "Protect water quality b ensuring that drainage from land use
activities has rate offlow and volume characteristics as near t o predevelopment
conditions as possible."
a Implementation Strategy 10.4.1: Develop lour impact development LID
standards that ensure that drainage from land use activities has rate of
flow and volume characteristics as near to predevelopment conditions
as possible to provide for the protection of r water quality.
b Implementation .Strategy 10.4-2: .2: Prepare LID s 'andarrds or inclusion in
the technical standards and development codes.
Applicant's ant's F espons : As outlined in the attached project summary, and also mentioned in previous
responses. The applicant's plan for this redevelopment project, integrates m u Itiple best management
practices and lour impact design techniques which will lessen if not eliminate the negative impact of
storm water on surrounding creels and wetlands. All storm water is directed to vegetated s ales,
then Maio- retention ponds, prior to making ing it to the project's infiltration basins. The entire
process /system encourages the natural treatment and return of storm water to the water to bl
through the U D filtration and infiltration process. Furthermore, onsite impervious has been reduced,
and storm grater pipes have been eliminated, having been replaced b more natural and
environmentally sensitive vegetated swales, which will convey all storm water on site. Lastly,
pervious concrete has been used for all walks and driveways.
Issue 13: Culture and recreation Facilities
Existing community open space, recreation, and cultural facilities are insufficientfor
present and future needs.
i. Policy 13.3: "" a joint master plan for a comprehensive system of natural
areas,, grr en ays, parks,, and trails throughout the City an County that meet or
exceed ,State level of service standards for the needs of he projected population.
a Implementation strategy 13. Prepare acrd impl ment a trounty ride
G reen ways, Open Space., and Natural Areas Preservation Plan for the
establishment of a continuous Greenway System that links
n lg�hbor odds to community activity centers and exceeds recreational
tend open space level of service needs for both present and expected
population growth.
A pplicant's Response: As outlined in the attached project summary, the proposed site plan preserves
a substantial amount of open space (approximately 1% of the entire site has be preserved as open
space), provides for the installation of a bike lane or multi use path, and creates a prominent,
functional, and accessible pars feature for the community.
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2. How would the re nested zone change be consistent with the ro ert 's
classification on the Land Classification Mat)?
Applicant's Response: The subject property is currently zoned -. 5 and designed for 25 residential
units. The proposed ED D rezoning request asks that the property be rezoned as an Exceptional
Design Zoning District, subject to the proposed conceptual site plan. The proposed site p[an pr vides
for less impervious than what was planned for under the previous # plan. The proposed site plan
provides for G EN E ROUS and SUBSTANTIAL increases in preserved open space (App r xilmately 6 Acres
Total). Furthermore, the proposed plan utilizes Low Impact Development techniques, such as bi -
retenti n areas, infiltration basins, vegetated swa I es for the conveyance of sto rm water, pervious
concrete, etc, all of which will benefit the environment and further protect neighboring water sheds
and creeks. The proposed plan has less of an impact on overall water quality than that of the
previous plan and exceeds the county's own standards for environmental stewardship, in multiple
ways. Under Watershed Resource Protection in the county's LAMA Land Use Plan, it states "'The
impact that the resources are being protected from is pollutant laden storm water runoff from
impervious surfaces within the watershed. The protection strategy for this subclass of resource
protection area focuses on minimizing new impervious surface, retrofitting protection measures to
improve water quality of runoff from existing impervious surfaces and to promote lour impact best
management practices for development and redevelopment." The proposed plan meets all of these
objectives and thus is consistent with the property's classification on the Land Classification reap.
3. What si nificant neighborhood changes have occurred to make the
on final zoning inappropriate or how is the land involved unsuitable for
the uses Permitted under the existin zonin ?
Applicant's Response: As outlined in the attached project summary, the current owners would like to
create a higher quality project than what was previously designed under the R-15 zoning designation.
Due to the cost involved with the installation of the aforementioned multi -use path, the construction
of the aforementioned community park space, the creation of the aforementioned additional open
space (thus making lots smaller), and the implementation of many of the aforementioned low impact
design tools, the developer is requesting that the zoning be changed to a EDD district which allows
for a reasonable density bonus (only 4. 8 units of the allowed + units of base density per acre are
being requested with this application). The economies of scale created by these additional units will
also allow the developer of the property to invest more financial resources in the delivery of a higher
quality project, which translates into higher qua Iity infrastructure components, a rn are aesthetically
pleasing low impact landscaping package along the project's frontage on Middle Sound Loop as well
as within community's internal streetscapes, buffers, and open spaces. Furthermore, these
economies of scale w will allow the applicant t deliver to the Middle Sound Community, several
Board of Commissioners Meeting
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"community benefits" which they have requested in the past. Also, worth noting is the fact that
sewer, water, and transportation infrastructure are available to the property, and the property is
located near shopping and area businesses making ing it a logical choice for future development. Lastly,
the proposed project offers a great opportunity for the red eve Iopm e nt of a pr Sri us outdated and
unattractive use. The END zoning allows for a more attractive traditional neighborhood design with
enhanced environmentally friendly design features. Much of the R-15 and R-20 zoning within the
Middle Sound community was put in place prior to sewer and water being available, thus mandating a
lower density zoning due to environmental issues stemming from use of septic and well for severer and
water, and the R-15 and R-20 zoning designations do not allow for the implementation of many of the
attractive, environmentally friendly, and functional development techniques used within the
proposed site plan. For all of these reaso rns, the EDZD D istrict classification in conj u n ct*lo n with the
proposed concept plan would be perfectly appropriate and warranted for use on this infill site.
4. How will this change of zonin serve the public interest?
Applicant's Response: As outlined in the attached project summary, we believe the proposed project
fulfills many of the requested needs of the surrounding community while providing Friable solutions to
many of their concerns. Furthermore, the proposed project provides multiple benefits to the
environment, which have been previously outlined in this application, and in our opinion constitute e
great improvement over the previously proposed plan, designed under the old zoning.
The applicant has reviewed the 1987 Middle Sound Plan and as outlined in the attached project
summary, has implemented solutions to many of the requested charges in the report. Furthermore
the applicant's development consultants attended the neighborhood meeting held by planning staff
on May 12, 2009 where the future direction of the Middle Sound Community was discussed. Lastly,
the applicant hosted a Neighborhood information meeting, specific to the proposed conceptual plan,
on February 17 and Ig to review the concept with neighl oring residents and offer there the
opportunity to ask questions and give input.
Approximately 25 neighboring residents attended one or both Information meetings (invitations
were seat out to 79 neighbors luring in close proximity to the project, was distributed to the county's
"Sunshine List" aria email, and an article was written in the Star Dews, giving further notice that two
meetings would be held in reference to the project). All meeting attendees were given ample
opportunity to ask good questions and were afforded the opportunity to give feed bacl . The primary
focus of the discussion between the applicant and the neighbors revolved around the topic of traffic
congestion inn the area. The Traffic I rnpact Analysis had not been corn plet d prier to the
neighborhood meetings, but tine app Ilcant assured those in attendance that the TIA would be rnade
available along with the application as part of the public record, in advance of the Planning Board
meeting, The TIA has new been completed and indicates that the impact on traffic in the (Middle
Sound area as a result of the EDZD plan will be minimal, as compared to the traffic impact of the
previous R-15 plan additional AIM peak hour trips and 3 additional PM peals hour trips). A
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secondary topic of discuss was that of the precedent that would be set if an E D plan was approved
(there was a fear that other projects would follow suit and that high rise condos would be the result).
The applicant's position on this issue is that the ED D zoning ordinance is site specific and each case
should be judged based on its specific merits. Furthermore the EDZD zoning requiremen would
likely preclude many sites from becoming eligible due to a variety of factors. It is the applicant's
position, that the current application and site plan #could be judged based on the facts presented
therein, not on hypothetical and sometime unrealistic scenarios of what could conceivably happen in
the future on other properties. Preservation of borne values within the area was another point of
concern. The applicant assured the neighbors in attendance that the homes that will be built within
the project will utilize high quality materials, be environmentally progressive in their design, will be
met with strong demand within the market, and will sustain their values for decades to core. Lastly,
the topic of the Middle Sound Plan was brought up, as it relates to density. It was the applicants
position that the current plan and petition carries with it a great deal of the attributes long requested
in the Middle Sound Plan, and that those of environmental stewardship, i terconnectivit , quality
development, and the preservation of open space, can all be better achieved through a plan that
a I I ows the developer to I eve rage density to create overaII project quality.
The applicant has taken great care to design a project that meets the requested needs and
desires of the surrounding Middle Sound community, while achieving a variety of the goals and
policies outlined within New Hanover County's Policies for Growth and Development (Many of which
are outlined within the response to the first question within this application). In our opinion, the
proposed p[an should be vi ewed as a weIcome improvement over that provided under the prey ous
plan and we believe that the implementation of lower impact development methods and the addition
of "neighborhood amenities" such as a provisions for a bile lane or multi -use path, increased open
space, and a dedicated park within the c ommunity, are very much in beeping with the character and
existing fabric of the Middle Sound Area.
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, 4,6 W '-,
S11(all
New Hanover County Planning Department
Exceptional Design Zoning District Application
Project Summary and Supplement to Responses to Application Questions
Owner: Wilshire Management Group
Parcel ID Number: R04400-003-121-000
Parcel Address: 611 Middle Sound Loop Road
Parcel Size: 9.93 Acres
Current Zoning; 1 -1
Requested Zoning: Exceptional Design Zoning District
Project: Middle Sound Village
Project Summary:
The attached plan and EDD rezoning application are the result of a collaborative effort
between the property owners and an experienced team of land planners, design consultants, and real
estate development professionals, to create a sustainable and environmentally friendly community in
the Middle sound area, that would be marketable and economically Triable in today's econornny.
Purchased in May of 2006 the property was previously occupied by the Countryside Trailer Park
and under the - original plan, was to be redeveloped to accommodate the construction of 25 single family
homes as permitted under the county's -15 zoning ordinance. Late 2 006 through 2008 brought
significant changes to the local and national real estate market, not to mention the global economy,
which prompted the project's owners to reassess the original development concept. In early 2009,
Wilshire Management Group enlisted the services of Cape Fear Commercial, Mihaly land Design, and
Intracoastal Engineering to assist them in formulating a revised development plan for the property. The
result of this process was a recommendation that they attempt to enhance the overall quality of the
proposed project, while attempting to appeal to a broader demographic of the local population, at a
more affordable price point.
The reprised plan creates an environmentally sustainable community that will highlight a
significant increase in the preservation of open space, the addition of usable park spaces, and will
encourage and promote pedestrian int rconnectivity both inside and outside of the community's
boundaries. The new plan also utilizes Low Impact stormwater management techniques in its design,
thus mitigating the impact of the project on its environment. on the vertical construction side of the
equation, the revised concept requires that all homes be built using industry recognized environmentally
friendly design and construction techniques.
The team originally attempted to implement a variation of this concept using the county's R-10
zoning ordinance, but later modified the application to fit within the county's Exceptional Design Zoning
District when it became available, The EDD ordinance provides the design flexibility necessary to
encourage exceptionally designed communities. The ED D application process required that the site
qualify under the ordinance's 6 core criteria and accumulate at least 12 points from a menu of
Exceptional Design criteria, before becoming eligible for the requested bones density.
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By implementing nvironmentally friendly design techniques, including those outlined in the
New Hanover Counter — City of Wilmington Low impact Development Guidance Manual, the proposed
plan incorporates 6.03 acres of open space and has 14.7% less impervious area than what was provided
for under the previous plan, im plernents Low impact Stormwate r treatment m echanisms, - e xceeds aII
requirer ents for environmentaI stewardship, as outlined throughout the county's development
ordinance, and in the process provides fang of the amenities and neighborhood impro
requested by the neighbors in the 1986 Middle Sound Studer as well as the Middle Sound Community
"wish List" Survey administered by the county's planning staff on May 1 , 2009.
The Proposed Plan includes:
I. A proposed change in zoning, which would convert the applicable zoning from -15 to an
Exceptional Design Zoning District (EDZD) and allow for a base density of six (6) units per acre.
However, the applicant is only requesting forty eight (48) units or 4. 8 units per acre.
a. As specified in section 53.6-4(8) of the Ordinance the applicant acknowled
that "'the Exceptional Design District Certification rust be assured during the
first phase of development or prior to completion of more than 24 units,
whichever o r e first."
b. By rezoning the property, the applicant will be able to take advantage of some of the
economies of scale created by additional density to achieve the following goals of the
project:
L Allow for the development and construction of 48 residential units at a
competitive price point within the current market.
ii. Allow for the implementation of low impact exceptional design techniques,
which will create more open space, lessen the amount of impervious area found
on the site, and improve onsite storm water treatment, as prescribed in the
counter's LID manual.
iii. The resulting community will be environmentally sustainable and will promote
environmentally conscience living.
iv. Allow for the preservation and construction of "Garden Park" along the project #s
frontage on Middle Sound Loop, which will be used by all community residents.
I. This Community Supported Gardening (CSG) initiative will ultimately
grow Middle Sound village Garden Center into a dynamic agricultural
demonstration celebrating regional agriculture and serving as a nexus
for the community. The garden will be operated and managed under
the com unit 's non - profit POA.
2. We believe that there are great opportunities to work with Ogden
Elementary and the Middle Sound Community tocreate agricultural
programs that will facilitate its integration into the lives of local
residents of all ages.
v. Provide up to $15.,000 in funding for the installation of a bile lane or Multi -Use
Path from the project's entrance to Ogden Elementary School.
vi. Through LID, the site will emulate the site's pre - development natural drainage
qualities.
vii. Allow for the continuation of an enhanced "green development" there during
future vertical construction phases. (The team has enlisted the services of a
local authority on sustainable Architecture, ikon Wilson of Cape Fear Community
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College, to assist them in the design of the homes to be constructed within the
community)
2. Existing Environmental , Cultural, Historical, and Natural Site Attributes
a. The applicant is not aware of any existing conditions that would be adversely affected,
should the proposed plan be implemented. The applicant has referenced the Middle
Sound Plan, the IBC Natural Heritage Program Map, and has discussed the site with a
licensed Environmental Engineer. All wetlands and existing trees found on the site have
been shown on the applicant's site plan. The applicant avoided any impacts to the
wetlands found on site and has avoided, as much as possible, impacting the existing
trees on site. The applicant will have the ability to further mitigate the impact of the
project on existing trees during the final design and construction process.
3. open Space
a. Total Currently Proposed open Space: 6.03 Acres 1 % of the entire site is preserved as
Open Space)
b. The Proposed Concept Plan provides for a 4.48 Acre increase In open space o ver the old
P--1-5 plan
4. Impervious
a. Under the current R-15 zoning designation, the site is permitted for 169,599 SF of
Impervious, under the ED D designation the concept plan calls for 144,519 SF of
Impervious s (an approximate 14.7% reduction in impervious)
b. In addition to a decrease in impervious area, the EDD regulations require the storm
. + eater system be designed under the county's LID manual, which will provide a
significant amount of additional treatment to site storm water,, over and above the
treatment qualities found within the R-15 plan.
5. The Proposed Plan Includes the Following Low Impact Development Techniques
a. Narrower wer streets resulting in less impervious area.
b. Bios ales, planted with native landscape varieties, thus increasing natural filtration of
storm water as it infiltrates into the water table, While serving as a natural source of
water for the native plantings.
c. Bloret ntion areas fo radditionaI storm water retention, treatment, and aquifer
recharge.
d. Infiltration Basins, which will also encourage the natural filtration and return of storm
grater to the underlying grater table, reducing the amount of untreated storm water
being discharged through the drainage basin.
e. Sidewalks, driveways, and parking areas to be paved with pervious concrete.
f. A lover maintenance landscape plan will be a requirement of the project concept, thus
reducing the consumption of water for irrigation.
g. integration of existing trees into the development plan.
h. Plans to encourage green building and sustainable site design features for all future
homes, to include a requirement that at least one hone be certified through LEED,
AHB Green Building Standards, or NC Healthy Homes and that 90 of the hones meet
Energy Star criteria.
6. Middle Sound Plan and Community deeds: The Proposed Plan Includes the Following
Requested } "Community Features", which were outlined in the 1957 Middle Sound Plan and re-
visited at the May 1 , 2009 Comm unity Meeting.
a, 57 of the residents surveyed in conjunction w the 1957 plan identified trailer parks as
a point of concern.
B
Board of Commissioners Meeting
06/07/2010
13 -6 -18
i. The applicant's plan provides for the environmentally fr[6ndly and responsible
re-development of an old trailer park.
ii. There were 28 Trailers on the site when it was purchased b y the current owners.
The Trailers have since been removed, but the septic tanks, pads, sewer
connections, roads, etc are still in place and to a great extent, can be salvaged
(with the exception of the septic tanks which will be removed).
b. 73 of residents surveyed in Conjunction the 1987 plan identified Water Quality
issues as a major concern and in the May 12' "'Wish List" surrey conducted by the
county, 13 responses dealt with neighboring resident's concerns about water quality
issues.
i. As mentioned above, the applicant's. plan provides for a 14.7% decrease in
impervious surfaces, and a significant increase in open space, while also
demonstrating the successful use of LID techniques to further soften the
environmental im pact of the project. Furthermore, conceptual storm water
features include permeable pavement and the use of Bioswales for s tormwater
conveyance to various decentralized Rioretention areas. These Biorention areas
when overfl wing are routed again through RioswaIes to inf1Itration basins
which will meet all county pre -post as well as NCDENER regulations. The project
will conform to the LID parameters, as outlined in the county`s LID manual.
. 1% of residents surveyed in conjunction w the 1387 plan cited "Inadequate Park
Facilities" as a problem with the M L Community.
L In addition to exceeding all existing requirements for the preservation of open
F space, the applicant's plan provides for the deve lo pme nt of a pro m1nent and
highly functional " Park', to be constructed within the community. This
park space will be accessible to residents of the Middle Sound Village
community as well as the existing residents of the Middle Sound Area.
d. A Major concern voiced by residents in the 1987 surrey and reiterated in the May 12 th
survey, was that of traffic congestion.
The currently proposed plan will generate only two (2) additional AM Peak Hour
Trips and three (3) additional PM Peak Hour trips as compared with the plan
which was proposed and could be built "by right" under the existing R-15 zoning
classification. The applicant achieved these results by modifying the use to a
to wnhome style product from the more traffic intensive single family use, which
was proposed under the original plan. A copy of the TIA, prepared by Ramey
Kemp & Associates, a licensed and reputable traffic engineering firm out of
Raleigh, f, has been included with the application package. The report is
signed and sealed by Ililliam J. Hamilton, P.E., PTOE and was based on traffic
counts performed in the field and trip generation calculations from the latest
edition of the iTE Trip Generation Manual.
N Page 36 of the 1987 plan references comments from neighbors requesting
"added bike lanes or pedestrian paths" to combat traffic congestion.
iii. Page 42 of the 1987 plan references lack of `bicycle ped estrian access" as a
problem that needs to be addressed.
i. Page 43 of the 1987 plan proposes the "establishment of bide /pedestrian paths
o MSLR" to combat traffic congestion.
v. Since 1987, no bile or pedestrian paths have been installed on Middle Sound
Loop.
4
Board of Commissioners Meeting
06/07/2010
13 -6 -19
vi. In the May 12 survey, 70 people out of the estimated 90 survey responders,
listed bile paths, sidewalks inter nne ti it , and/or multi -use paths on Middle
Sound Loop as one of their three wishes.
vii. The applicant's plan would allow for the addition of a bile lane (as identified on
the MPO"s 2030 plan) or a section of multi -use path to be installed along the
project's frontage on Middle Sound Loop. The applicant is willing to contribute
up to $1 5 , 00 0 towards the construction of this path /lane from the subject
property to Ogden Elementary School. (The applicant will work with the MPO
and the Counter to determine how to best fulfill the need for a pedestrian and
bicycle connection along Middle Sound Loop and will act in good faith to ensure
that the connection is constructed as quickly as possible. The applicant will
work with staff to put a bond, a LoC, or the actual $15,,000 deposit in place prior
to the first CO being issued on the first home within the community. The
applicant's only condition, will be that these funds be used to construct the
connection between the project and the school and that these funds not be
held by the county indefinitely with no construction of the path taking plane.
That end, the applicant is filling to consider entering into a development
agreement with the county under which the connection could be constructed by
the applicant, provided that the $ 15,000 "applicant contribution" would Mill
apply and that cost in excess f the $15,000 would be reimbursed by the
ount ).
Board of Commissioners Meeting
06/07/2010
13 -6 -20
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V ILLAGE W North Carolina 28409 �
N - O
G� 1i11 T Phone: 910.409.3567 �
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(� Email: Charlie @intracoastalengineering.com
C
A NEW HANOVER COUNTY, NC
Board of Coin mission- Meeting
06/07/2010
13 -7 -1
f
:{ M Y KEM
..... .. ....
,.w
} ASSOCIATES
TRANSPORTATION ENGINEERS
RAll EY EMP � ASSOCIATES, INC.
5808 Fa€rin don Flake, suite 700
Raleigh, NC 27609
'hone - 919-872-5115 Fax - 919-878-541
March 11, 201
M Mike Brown
Cape Fear Commercial
1051 Military Cuto ff Road, Suite 200
Wilmington, North Carolina 28405
Dear Mr. Brown:
This letter summarizes the findings of Traffic Assessment [TA] prepared by Raney Kemp & Associates Inc.
[RA,] for the proposed Middle Sound Village residential development, located along Middle Sound Loo
Road in Wilmington, North Carolina. Based on a review of the site plan and our discussions, it is our
u nderstanding that the development will consist of a maximum of 48 residential townhomes and access will be
provided via an existing full - movement driveway. Refer to Figure l in Appendix B for a copy of the
r
prelimi ar site plan.
Existing 2010 Conditions
The intersection 'of Middle Sound Loop Road and the existing property driveway was identified as the ke
location to consider in the study. Refer to Figure 2 in Appendix I for the site location map.
Ogden E lementary School is located in the ielrrit r of the proposed development. Thus, RKA conducted
weekday r .AI peak period [7. .AM to 9:00 AM] and weekday school PM peak period 2:00 PM to :00 PM
turning movement counts at the study intersection. A copy of the .raw traffic count is provided in Appendix A.
Refer to Appendix B, Figure 3, for illustrations of the existing lane configurations and existing p eak hour traffic
volumes at the study intersection.
.Bach round 2012 Traffic Conditions
Background peals hour traffi vo were determined by projecting the existing volumes to the assumed
build -out year of 2012 by applying a % a nnually compounded gr rate.
Trip Generation and Distribution
Trip generation for the proposed site was based on the latest edition of - the ITE Trip Generation Manual, , A
summary of the anticipated trip generation for the site is provided in Table 1.
u6iu'//2u i u
13 -8- 1
Middle Found Village y- Wimg, of Carolina Pa 2 of 3
Table I
Site T rip Generation
It should be noted that the development of twenty --five single-family dwelling units is currently allowed on
the subject property. Based on the latest edition. of the f B Trip Generation Manual, a total of twenty -seven
( 27) M peak four trips and a total of thirty PM peak hour trips would be expected. to be near t d b
twenty - five 2 single-family dwelling units. Thus, as shown in the table, the proposed development is
expected to g enerate only two 2 additional trips during the M peak four and three additional trips durin
the PM peak four.
Based on a review of the existing traffic patterns, it is antic * gated that approximately 90� of the site t�raf e will
travel to /from the west along Middle Sound Loop Road and 0% of the s ite traffic will trave to /from the cast
along Middle Sound Loop Road. Figure 3 in Appendix B provides an illustration of the site tri p distribution and
as igm e t at t e,st dy intersections
Combined 2012 Traffic Conditions
MYM , 1,lNY�lYYYY� PIilililY�Pllllii�
Combined peak hour traffic volumes at the site driveway intersection were determined by adding the
background peak hour traffic volumes to the site generated traffic volumes. The combined peak hour volumes
are illustrated on Figure 3 in Appendix B.
Capa n s
.,_�_LPlail,l
Peak dour capacity analyses were conducted at the study intersection for combined traffic conditions. The
intersection was analyzed with existing lane configurations utilizing Synchro version 7 . Refer to Table 2 for a
breakdown of the analysis results. Copies of the Sync ro analysis reports are provided in Appendix C.
WIIIII
A E
. ... ...... . .
Board of Commissioners Meeting A SSOCIATE
06/07/2010
13 -8 -2
Middle Sound Village — W North Carolina e 3 of 3
Table
C i Analy Results — Combined (2012) Conditions
.Middle Sound Loop Road EB I LT-T
Site Driveway ' B 1 H - ' N/A -- N/A
nsignali d SB l LT- T B A'
1, Level cif sea`vi cc for niinor�str et approach
As shown in Table 2, the southbound approach of the Site Driveway is expected to operate at LOS B during the
AM Peak hour and LOS . . during the PM peak hour under combi e (2012) conditions with the o o ed
development built out.. No LOS is reported for the left turn movement on Middle Sound Loop Road s ince there
is not an excl left tug lane. .e. Queuing is not expected to be problematic on the Site Driveway or for the left
turn movement fr om Middle Sound Loop Road into the site.
Conclusions
Based on the results of this assessment, It is anticipated that the proposed developm will not have a
significant negative impact upon traffic operations s ire the study area. Due to the low trip ge neration p otential of
the site,, turning volumes do not warrant installation of luny lanes on Middle Sound Loop Road at the Site
Driveway.
If you should have any questions or comments regarding this traffic assessment, P lease Feel free to contact rye at
(9 19) 872-5115.
Sincerely,
Ra iney Kemp ctz . o � �t ,.one.
W. J ason Hamilton, P.E., PTO
Attachments
O M11111/ o ,
C
�L
WNW
WOW 32 396
41, #
dpo
P
Board of Commissioners Meeting A SSOCI
06/07/2010
13 -8 -3
R AM E Y KID
. ww�
�rwilw�
}+} +� A
S SSOCIATE
Ramey Kemp & Associates, Inc.
5808 F Place, Suite 200
Raleigh, NC 27909
Phi: (919
FX; (919)878 -5416
File Name : Middl S rid @Tr ff r
Site Code : 0002171
Start Date 2/17/201
'age N 1
Board of Commissioners Meeting
06/07/2010
13 -8 -4
rou s Punted- Whicles
Trailer Park
Driveway
Piddle Sound Loop Road
NIA
Middle Sound Loop Road
Southbound
Westbound
Northbound
. ...... .
Eastbound
Start Time
Left
Thru
Right
Trks
Left
Thru
Right
Trks
Left
Thru Fight
Trks
L eft
Thru
Right
Trks
Exclu.
Inc1u.
Int.
Total
Total
Total
07:00 AM
0
a
0
0
0
70
0
0
0
0
0 0
0
5
0
0
0
75
78
07:15 AM
0
0
0
0
0
119
0
0
0
0
0 0
0
1 3
0
0
0
132
132
07;30 AM
0
0
0
0
0
133
0
1
0
0
0 0
0
13
0
0
1
146
447
07:45 AM
0
0
0
0
0
89
0
4
0
0
0 0
0
1 7
0
0
1
106
107
Taal
0
0
0
0
0
411
0
2
0
0
0 0
0
48
0
0
2
459
461
08:00 Ate
0
0
0
0
0
73
0
2
0
0
0 0
0
2 1
0
0
2
94
9 6
08:15 AM
0
0
0
0
0
57
0
0
0
0
0 0
0
20
0
2
2
as
87
08:30 AM
0
0
0
0
0
55
1
2
0
0
0 0
0
20
0
0
2
76
78
08:45 AM
0
0
0
0
0
35
0
0
0
0
0 0
0
15
0
0
0
s0
510
Total
0
0
0
0
0
220
1
4
0
0
0 0
0
84
0
2
6
305
311
***BREAK" *"
02 :00 PM
0
0
0
0 I
0
31
0
0
0
0
0 0
0
24
0
0
0
55
02,15 PM
0
0
0
0
0
31
0
0
0
0
0 0
0
29
0
0
0
60
60
02 :30 PM
0
0
0
0
0
32
0
2
0
0
0 0
0
3 2
0
0
2
64
66
02:48 PM
0
0
0
0
0
34
0
0
0
0
0 0
0
35
a
0
0
69
69
Total
0
0
0
0
0
128
0
2
0
0
0 0
0
120
0
0
3
248
256
08:00 PM
0
0
0
0
0
3S
0
1
0
0
0 0
0
80
0
1
2
71
73
03 :15 PM
0
0
0
0
0
38
0
0
0
0
0 0
0
43
0
0
0
81
81
03:30 PM
0
0
0
0
0
2$
0
0
0
0
0 0
0
2$
0
1
1
46
47
03:45 PM
0
0
0
0
0
33
0
0
0
0
0 0
0
4B
0
0
0
81
81
Total
0
0
0
0
0
129
0
1
0
0
0 0
0
150
0
2
3
279
282
04:00 PM
0
0
0
0
0
35
0
0
0
0
0 0
0
51
0
0
0
86
86
04:16 PM
0
0
0
0
0
56
0
0
0
0
0 0
0 '
59
0
0
0
115
118
04:30 PM
0
0
0
0
0
48
0
0
0
0
0 0
0
64
0
0
0
112
112
04:45 PP
0
0
0
0
0
39
0
0
0
0
0 0
0
72
0
0
0
1'11
ill
Total
0
0
0
0
0
178
0
0
0
0
0 0
0
246
0
0
0
424
424
05:00 P M
0
0
0
0
0
25
0
0
0
0
0 0
0
61
0
0
0
86
B6
05 :15 PEA
0
0
0
0
0
31
0
0
0
0
0 0
0
45
0
1
1
76
77
05:30 PM
0
0
0
0
0
31
0
0
0
0
0 0
0
64
0
0
0
95
0
05.45 PM
0
0
0
0
1
38
0
1 1
0
0
0 0
0
89
0
0
1
98
99
Total
0
0
0
0 I
1
12
0
1
0
0
0 0
0
229
0
1
2
355
857
G rand Total
0
0
0
0
1
1191
1
10
0
0
0 0
0
877
0
5
1s
2070
2085
Appreh
0
0
0
0.1
99.8
0.1
0
0
4
0
100
0
Total
0
0
0
0
57.5
0
0
0
0
0
42.4
0
0.7
99,3
Board of Commissioners Meeting
06/07/2010
13 -8 -4
:-,` RAM EY KEMP
€ % A
Ramey Kemp & Associates, Inc.
5808 Faring on Place, Sprite 200
Raleigh, NC 27909
PH: 19)872- 11
FX: (919)878-5416
NIA
Northbound
App. Left Thru Fight
Total
119
0 0 0
Trailer Park Driveway
- --
—
Biddle Sound Loop
69
0
Southbound
0
73
0
W estbound
Start Time
Let
Thru
Right
App.
13 0
Left
Thru
F Ight
.778
.090
.0w
.000
Total
0
17 0
17
106
Ream Hour Analysis From 07 :00 AM to 11:45 AM - Peak I of
1
21 0
21
94
Peak dour for Entire Intersection Begins at 07 :15 AM
0
64 0
64
07:15 AM
0
0 0
0
0
110
0
07:0 AM
0
0 0
0
0
133
0
07:46 AM
0
0 0
0
0
89
0
08:00 AM
0
0 0
0
0
7
0
Total Volume
0
0 0
0
0
414
0
F lo A. Total
0
0 0
0
100
0
-- .. .............
.000
.0 0 .000
.000
.000
.778
.000
NIA
Northbound
App. Left Thru Fight
Total
119
0 0 0
133
0
0
0
69
0
0
0
73
0
0
0
414
0
0
0
13 0
0
0
0
.778
.090
.0w
.000
Board of Commissioners Meeting
06/07/2010
13 -8 -5
File Name : llilSn @Frailer
Site Code : 00021 10
Sta rt D ate :2/1712 010
Page N :2
Middle sound Loop Road
Eastbound
App-
To
Left
Thru
Might
° P'
Total
Int. Total
0
0
13 0
13
132
0
0
13 0
13
146
0
0
17 0
17
106
0
0
21 0
21
94
0
0
64 0
64
478
0
100 0
.000 1
. -.....
. .000
.76
.31 $
Board of Commissioners Meeting
06/07/2010
13 -8 -6
RAME KEM
AS SOCIATES
Ramey Kemp & Associates, Inc.
5808 Fa(ingdon Place, Suite 200
R NC 27999
PH: (919)872-
File Name
MilSu Tr'a'iler
F . (919)878} 416
Site Cod
. 00021710
Start D ate
, 2/17/201
Page No
3
Trader mark Dri
Southbound
Mi ddle Sound Loop Road
Westbound
N/
Northbound
-
Middle Sound Loop Road
Start Time
Lift
Tktru
Pkgh
tai
Leff
1'hru Right R�� ' ` p'
Total
Le#t �hru Right
gyp-
Total
Left
Eastbound
Three
f�lght
App.
Int. Total
Peaks Hour Analysis
From 12:00 PM to 05:4 Pk
l -� Peak I of
4
T
Peaks Hourfor Entire
Intersootion Beg ins at 04:00 PM
04:00 P1
0
0 0 0
0 35 0 35
0 0 0
0
0
51
104:15 PM
04:30 PM
0
0
0 0 0
0 0 0
Q 56 0 56
0 48 0 4
0 0 0
0 0 0
0
0
0
0
59 0
51
59
00
11
04-45 PM
Total Volume
0
0
0 0 0
0 0 0
0 39 0 3
0 178 0 178
0 0 0
0 0 0
0
0
0
0
0
94 0
72 0
2 46
64
72
112
Ill
° App. Total
0
0 0
0 100 0
0 0 0
0
0
100 0
246
424
PHF
.000
.000 .000 .0 - 00 - 1 — .000
.795 .000 .795
.000 .000 .000
.000
.000
# ,054 .000
.854 1
.922
Board of Commissioners Meeting
06/07/2010
13 -8 -6
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 7, 2010
REGULAR
ITEM:
14
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director;
and Jane Daughtridge, Planning & Zoning Manager
CONTACT(S): Chris O'Keefe, Planning & Inspections Director; and Jane Daughtridge, Planning & Zoning
Manager
SUBJECT:
Public Hearing
Special Use Permit Modification (S -409M, 4/10) - Request by Donald Curry, Jr., P.E. for Autumn
Corporation to Modify the Site Plan for an Existing Special Use Permit by Adding 17,400 Square Feet
to the Existing Building and Adding 47 New Parking Spaces
BRIEF SUMMARY:
At its May 6, 2010 meeting the Planning Board voted 6 -0 to recommend approval of a modification to an
existing special use permit to allow for a 17,400 square foot addition to the existing facility and the addition
of 47 new parking spaces.
The site is classified as Transition on the 2006 CAMA Land Classification Map.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED: (Choose One)
Use the Script/Worksheet to make findings and
1. Grant the special use or
2. Add conditions to the special use or
3. Deny the special use
A'T'T A 0U1%4UXT'TC.
S -409M Staff Summary
S -409M Petition Summary
S -409M Adjacent Property Map
S -409M Site Plan
S -409M Application
S -409M Project Narrative
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 4 -0.
Board of Commissioners Meeting
06/07/2010
14 -0
CASE #: 5 -409M, (4/10)
APPLICANT: Autumn Corporation - Myrtle Grove
LOCATION: 5725 Carolina Beach Road
REQUEST: Modification to an existing special use permit for the expansion of a
nursing home facility
ACREAGE: 13.16 acres
LAND CLASS: Transition
PLANNING BOARD ACTION: At its May 6, 2010 meeting the Planning Board voted 6 -0 to
recommend approval of a modification to an existing special use permit to allow for a 17,400
square foot addition to the existing facility and the addition of 47 new parking spaces.
BACKGROUND
The Autumn Corporation originally requested a special use permit in 1997, to construct a 110
bed nursing and personal care facility. The corporation is now proposing to expand the facility
by 17,400 square feet. The expansion represents the conversion of 14 semi - private rooms to
private, the addition of a physical therapy room, and 47 new parking spaces.
PRELIMINARY FINDINGS OF FACT:
1. The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and
approved.
A. The subject property is located in the Myrtle Grove Fire District.
B. Existing water and sewer services are currently available to the site from the Cape
Fear Public Utility Authority public mains.
C. Water and sewer expansion capacity is currently pending approval.
D. The property is accessed from Carolina Beach Road, a rural principal arterial.
E. Level of Service (2007) on Carolina Beach Road, north of Sanders Road is rated FF
meaning traffic counts exceed the capacity of the roadway by a multiplier of 2 or
more.
F. A traffic impact analysis was not required because the expansion will not generate
100 peak hour trips. (Additional 7.0 trips at the a.m. peak and 10.1 trips at the p.m.
peak, based on added square footage.)
5 -409M, (4/10)
Page 1
Board of Commissioners Meeting
06/07/2010
14 -1 -1
G. The property is not located in a flood hazard area.
H. The existing stormwater management wet pond will be relocated and converted
into a stormwater wetland as part of this proposal and is currently under review
with County Engineering.
Staff Suggestion: Evidence in the record at this time supports a finding that the expansion will
not materially endanger the public health or safety where proposed.
2. The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. Nursing home facilities are permitted by special use permit in R -15 zoning districts
and subject to Section 72 -9 of the zoning ordinance.
B. The existing parking lot has 78 standard parking spaces. An additional 47 parking
spaces are proposed for a total of 125 parking spaces, which are 72 more spaces
than required.
C. The 2006 Land Classification Plan classifies the area as transition, which allows for
future intensive urban development on lands that have been or will be provided
with necessary urban services.
D. No additional lighting is proposed.
E. No additional commercial signage is proposed.
F. The proposed 17,400 square foot addition satisfies both building setbacks and buffer
requirements.
G. All other local, state and federal requirements must be met, including possible
property upgrades to meet building codes and fire safety codes.
Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all
required conditions and specifications of the Zoning Ordinance.
3. The Board must find that the use will not substantially injure the value of the
adjoining or abutting property or that the use is public necessity.
A. No evidence has been submitted that this project will decrease property values of
residents who live nearby.
B. An expansion of the existing nursing home facility in most cases would not injure the
value of adjoining property.
Staff Suggestion: The evidence in the record at this time supports findings that the use will not
substantially injure the value of adjoining or abutting property.
5 -409M, (4/10)
Page 2
Board of Commissioners Meeting
06/07/2010
14-1-2
4. The Board must find that the location and character of the use if developed according
to the plan as submitted and approved will be in harmony with the area in which it is
to be located and in general conformity with the plan of development for New
Hanover County.
A. The 2006 Land Use Plan Update identifies this area as Transition. The Transition
classification provides for future intensive urban development on lands that have
been or will be provided with necessary urban services.
B. The existing facility has been harmonious with the surrounding area.
Staff Summary: The evidence in the record at this time supports findings that the use has been
and will continue to be in harmony with the area in which it is located.
ACTION NEEDED:
Use the Script /Worksheet to make findings and
1. Grant the special use or
2. Add conditions to the special use or
3. Deny the special use
5 -409M, (4/10)
Page 3
Board of Commissioners Meeting
06/07/2010
14 -1 -3
Case 5 -409M (4/10)
Modify an existing Special Use Permit to expand existing nursing home facility
Petition Summary Data
5725 Carolina Beach Road
Owner /Petitioner: Autumn Corporation - Myrtle Grove
Existing Land Use: Residential R -15 (Existing SUP, 8/4/97)
Zoning History: Area 4 (April 7, 1971)
Land Classification: Transition
Water Type: Public
Sewer Type: Public
Recreation Area: Veterans Park, Arrowhead Park, Myrtle Grove Middle School
Access &Traffic Volume: Average Daily Trips (ADT) on Carolina Beach Road (south of Sanders Road)
decreased from 56,463 (2008) to 38,258 (2009).
Fire District: Myrtle Grove FD
Watershed & Water Quality Classification: Seabreeze; HQW
Aquifer Recharge Area: A shallow water table sand aquifer and underlying artesian aquifer containing
fresh water over salty water.
Conservation /Historic /Archaeological Resources: Poccosin located in both middle and rear of property.
Soils: Leon, Murrville Fine, Lynn Haven Fine, and Pamlico Muck are the sands located on the property.
Septic Suitability: Severe limitations; requires extensive modification and intensive maintenance (Leon
soil, Murville fine sand, and Lynn Haven fine sand) Class III suitability. The site also contains unsuitable
(Pamlico Muck) Class IV suitability.
Schools: Bellamy Elementary
Board of Commissioners Meeting
06/07/2010
14-2-1
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Board of Commissioners Meetin
06/07/2010
14-4-1
NG S' NE W HAN OVER COUNTY
r
PLANNING DEPARTMENT
Name of Petitioner o n a I d L. C u r ry J r. i
Address 1.33 Spring Ave., Fuquay-Varina, NC 27526
Email Address oncur cud i rin rod .com
Name of Property owvne'r '' if different n Petitioner)
Autumn Corporation
Address of Property Owner if different than Petxfioner)
4 51 N.1 instead .Ave.
E mail Address (if different than Petitioner)
g
Area of Property and Square Feet(Acre 573 13 ac
Existing Zonin R-1 5 (E SUP #409
Existing Use of Property Nursing o mo
20 Goverment Center Drive
Suite 15
Wilmington, NC 28403
910 -798-7165 phone
9 10-798-7053 fax
w ww.nhegov.com
" ' 2state2zi P y- Va ri n , N6
Telephone Number of Petitioner 91-9-552-0849
Telephone Number of owner if different than Petitioner)
252 - 443 - 6265
city,, state, Zip RoC Mod
Property Address
5725 Carolina Beach Rd Wilmington
I.i�"�I Hr�l
Proposed s Nursing
Parcel ED Number R07 600- 004-04 ' 8- -'000
Land iassieation' baud use P66
SUBMISSION REQUIREMENTS
ppfications MUST be reviewed by the Planning Department for completeness prior to acceptance. For Special Use Permits
that are considered residential or mobile homes a fee of $150.00 is required. All other Special Use Permits require a fee of
$400,00. This fee, parable to New Hanover Counter, MUST accompany this petition.
No apple ration WM be accepted unl ess accompanied by lan o f the ro osed
1� n dot drawn to scale to be used
a s evidence in support of the required rwdings of fact outlined on page of this appfi atio . H submitting full size
p please provide thirteen. copies for the Planning Board M and nineteen 1 copies for the
p County
C ommissioners Meting 1 11x17 reduced site plan, and thirteen 1 and nineteen 1 cop of any color
documents. The Mowing supplemental information is required:
1 one copy of current tax map
2 Narrative o proposed use
. Adjacent proper -owners and uses
Location of existing and or proposed structures to be used in connection wi the requeste use
5 Location of off - street parking and ingress /egress
oan and dimensions of proposed Signs)
Location of site relative to major thoroughfares
Setbac from property lines
Authority for appointment of agent form (The owner or an attorney must handle the case
10 Applicant answers to the questions on the application
11 Signed site plan checklist
Page of4
Board of Commissioners Meeting
06/07/2010
14 -5 -1
SUP 8/09 ,
Note: Applicants should refer to Article 6 & 7 of the ,honing Ordinance for additional requirements for specific uses, The
Planning Department, Planning Board, and/or Board of County Commissioners preserve the right to require additional
information if needed to assure that the use in its proposed location will be harmonious with the area and in accordance with
the Zoning Ordinance of the County of New Hanover.
REVIEW PR OCE D UR E S
Applications for Special Use Permits (other then for single family dwellings on individual lots) are first referred to the New
Hanover County Planning Board for recommendation to the County Commissioners. The Conm issioners male final action on
the pelt application in a quasi- judicial public hearing.
Complete petitions and all supplementary information must be accepted by the Planning Department twenty workin
days before the Planning Board meeting to allow adequate time for processing and advertisement as required y the Forth
Carolina General Statutes.
Planning Board meetings are held on the Est Thursday of each month at 5:30PM in ' the Commissioner's Assembly Room at the
Old County Courthouse, at Third and princess Streets, wilngton, North Carolina.
Applications for single - family dwellings, including mobile hones, on individual lots must be accepted by the Planning
Dtpartment twenty 20 worldng days before the regularly scheduled Coxnn issioners meeting. Applications for single
dwellings on individual lets do not require planning board renew.
mat You Must Establish For A
SRdl Use Permit
Authority to grant a Special Use Permit is contained in the Zoning Ordinance, pursuant to section 7 The Zoning Ordinance,
imposes the following General R equirements on the use requested by the applicant. Tinder each requirement the a li an.t shout
lam, with reference to attach � ' , pp .
p ed plans, where applicable, how the proposed use satisfies these requirements. (Attach additional
pages if ne
General Requirement ##1
the Board must find `that the use will not materially endanger the public health or safety if located where ro osd and
ie � �� p p : .
reloped according to the plan as submitted and approved.
The proposed property expansion as shown herein will not endanger the public health or safety, ll
aspects of this design have been performed with the standard of care associated with maintaining the
public health. This is e 17,400 sf expansion of exi inn previously ' roved faci and the
operational and functional characteristics, o his facility are not changed with this exp ansion'. T he
le represents the conversion of 14 beds from semi- private to private and the addition of e
physical therapy room, both of which are consistent with the previously approved uses for this nursin
ome facility.
.gage 2 o
Std' 8/09
Board of Commissioners Meeting
06/07/2010
14 -5 -2
General Re #2
The Board mast find "that the use meets all required conditions and specifications" of the Zo O rdinance
All design development standards from New Hanover County Cape Fear Public Utilities an
r
NC ENR have been met i the design o th expended f acility. The re fe d conditions and
specifications placed on the original Special Use fermi (SUP #409) for th�i ro erg hi re not . � been
compromise in th expansion.
General Requkement #
The Board must find 4 "t hat .c use will not substantially i njure the value of adjoin g or abutting proe or that the use i s
Public necessity."
The proposed expansion is consistent with the previously a pproved use for the prop Buffers
along propel lines will be maintained and storm ureter runoff has been minimized p er the code to
lessen any drainage affects on adjacent properties.
General Requirement
The Board must find "that the location and character of the use if developed according to the p lan a submitted and app roved
will be in harmony with the area in which it is to be located and ire general conformity with the p lan of develop for New
Hanover County."
�
The proposed expansion of this facility 'is consistent w ith the typ of use approved in the orig
SUP (SUP #40 and In harmony both with the existing facility and the general area in which it i
located. New Hanover County d evelopment requirements have been addressed in the desi
o
this expansion.
Page 3 o 4
Board of Commissioners Meeting LT 8/09
06/07/2010
14 -5 -3
SITE PLAN CHECKLIST
Ch eek each itetu to cotiftruz th is included
VZ( Tract boundaries and total area, lus location o adjoining �
� ,� and panels and roadways.
,/ Existing zoning of the tract and neighboring parcels and proposed tract zoning.
Vd Proposed use of land, structures and other improvements, For residential uses, this shall include number, heig and a of units a
site p lan outlining � d
area to be occupied b each structure and/or subdivided lot boundaries. For non- residential uses this shall i� lude
approximate square footage and height of each structure, are outline of the area it will occupy and the specific purpose for which it
will be used.
❑
Development schedule including proposed phasin . 114+ e
Traffic and Parking Plan to include a statement of impact concerning local traffic near the tract, prop right-of-way dedication
p ,
plans for access to and from the tract, location, width and right�of =way for internal streets and location, arrangement and access
provision for parking areas.
All existing and proposed easements, reservations, required setbacks, rights-o& way, , buffering and si
gna g .
13 The one hundred (1 00) year floodplain line, if applicable -,
❑ Location and sizing of trees required to be protected under Section 6 of the Zoning Ordinance. �.� A4 "� �
Any additional conditions and requirements, which represent greater restrictions on development and use of the tract than the
corresponding General Use District regulations, which are the minimum requirements for Special Use Permit, or other lir tations on
lard which may be regulated by State lave or Local Ordinance. -, ,&
Any other in or ation that will facilitate preview of the proposed change (See Article VII). 0. J 4 JA
the Zoning ordinance in some instances also imposes additional specific re uirements u the use requested � the
iwlicant. The applicant should be prepared to demonstrate that the proposed use would c with each specific
requirement found in section 72 additional restrictions imposed on certain special uses s applicable). e Sh
e Auld
Aso demonstrate that the land would be used in a manner Consistent with the plans and policies New Han
l�
County. The and nrui si uer may impose additional conditions and restrictions that they deem appropriate : . ... :
3flor to the issuing of the Special Use Permit. I certify that this lication is comp lete inf
l� .. and at all tie
. iresented in this application is accurate to the best of my knowledge, information, and belief.
< --- �/ 9
agnature of Petitioner and4r Property owner
Page 4 o
Donald L. Curry, Jr.
Print Name
SUP 8/09
Board of Commissioners Meeting
06/07/2010
14 -5 -4
March 3, 2010
Ms. Jane raughtridge
Zoning Division
New Hanover County
230 Govemment Center hive
suite 11 o
Wilmington, NC 28403
RE: Autum Care of Myrtle Grove
5725 Carolina Beach Rd.
Expansion of Exisfing Nursing n ''a it %r — SUP Submitta
Dear Ms. - aghtridg:
The information enclosed consists of required plans and applications pertaining to a Special Use Permit Sly
application, as required by New Hanover County, for the expansion existing nursing home faciJit owned by Autumn Corporation and located. at 5725 Carolina Beach .Road, 'mss facifity was. originally approved for an SU
during it 'Miception (SUP #409).
The purpose bf this expansion is to convert 14 sen -prl t . rooms t " . to rooms and to.. add a riv .
p... ph therapy
room to the exist g facility, for a total expansion of 17,400 f:.". :. dditi nai. aspect ofthi expansion, is t rovWe
additional pig for the facility for both the e i es and visito :'of . f
1 ' the resrdents, a part need during
holidays and special events.
This expansion consists of an extension, to the east with a drop'-o drtico and associated � .. ..
p pang: Utilities w be
extend d from. exist g — no new taps are anticipated. The existing to nwater anage en :.met p and will be
relocated and converted to a stor water wetland. All design el ements meet the requirements f New Hanover
County, Cape Fear Public Utilities, and NCI NR.
The proposed expansion of this facility is consistent with the originally approved SUP and ail regulato
requirements associated with a project in New Hanover County have been met and are represented i th enclosed
documentation.
.
'.lease let me know if you have any questions or need additional information pertaining to your review.
Sincerely,
The Curry Engineering Group, i� C
64 fA
Donald L. Curry, Jr., P
President
ncl: SUP Documentation
The umy EnOneering Group, PLL
PO Box 2018
133 Spring Ave.
uquay- mina, NC 27526
dp '
Board of Commissioners Meeting
06/07/2010
14-6-1
Don L. Cum, Jr P
919.552.0849
919..
919.880.9857
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: June 7, 2010
REGULAR
ITEM: 15
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe, Planning & Inspections Director;
and Jane Daughtridge, Planning & Zoning Manager
CONTACT(S): Chris O'Keefe, Planning & Inspections Director; and Jane Daughtridge, Planning & Zoning
Manager
SUBJECT:
Public Hearing
Special Use Permit (5 -601, 5110) - Request by Carlos Lagomarsino for a Special Use Permit to
Establish Non - Residential Off - Street Parking in an R -15 Residential Zoning District Located at 4813
Carolina Beach Road
BRIEF SUMMARY:
At its May 6, 2010 meeting, the Planning Board voted 6 -0 to recommend approval of the request to create a
non - residential off - street parking area in a R -15 Residential Zoning District with 120 parking spaces located
at 4813 Carolina Beach Road based on the information presented with the condition that the applicant
provide the County Commissioners adequate documentation that the access easement issue has been
clarified. No one spoke in opposition to the item.
The site is classified as Urban on the 2006 CAMA Land Classification Map.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
ACTION NEEDED: (Choose one)
Use the Script /Worksheet to make findings; and
1. Grant the special use, or
2. Add conditions to the special use, or
3. Deny the special use
ATTACHMENTS:
5 -601 Staff Summary
5 -601 Petition Summary
5 -601 Adjacent Property Map
5 -601 Site Plan
5 -601 Application
5 -601 Applicant Narrative
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting
06/07/2010
15 -0
COMMISSIONERS' ACTIONS:
Approved with the condition that the easement be assigned and recorded and the time be 45 days by a vote of
4 -0.
Board of Commissioners Meeting
06/07/2010
15 -0
CASE #: 5 -601 (5/10)
APPLICANT: Carlos Lagomarsino
LOCATION: 4813 Carolina Beach Road
REQUEST: Special Use Permit to create non - residential off street parking in an R -15
Residential Zoning District with 120 parking spaces
ACREAGE: 1.30 acres
LAND CLASS: Urban
PLANNING BOARD ACTION: At its May 6, 2010 meeting, the Planning Board voted 6 -0 to
recommend approval of the request to create a non - residential off street parking area in a R -15
Residential Zoning District with 120 parking spaces located at 4813 Carolina Beach Road based
on the information presented with the condition that the applicant provide the County
Commissioners adequate documentation that the access easement issue has been clarified.
BACKGROUND
Mr. Carlos Lagomarsino is the owner of a web -based insurance company, Home Insurance. The
offices and associated call center are located at 4829 Carolina Beach Road, in the Esplanade
Business Development Center. The Esplanade Business Center consists of three buildings,
having multiple tenants, including professional services, insurance companies and investment
brokers. The applicant's business has been vibrant for three (3) years, currently employing 120
people, with plans to expand to 160 employees within the next six (6) months. This type of
enterprise generates the need for vehicle parking in excess of the ordinance's normal parking
requirements, and thus overflow parking has become an issue.
PRELIMINARY FINDINGS OF FACT:
1. The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and
approved.
A. The subject property is located in the Myrtle Grove Fire District.
B. Existing water and sewer services are currently available to the site from the Cape
Fear Public Utility Authority public mains.
C. The property is accessed from Carolina Beach Road, a major thoroughfare. Turning
movements are limited to right -in and right -out. A vehicular turnaround is provided
at the far extent of the parking facility.
D. Level of Service (2007) on Carolina Beach Road, north of Piner Road is rated E
meaning the road is operating at its design capacity.
5 -601, (5/10)
Page 1
Board of Commissioners Meeting
06/07/2010
15 -1 -1
E. A traffic impact analysis will not be required because the parking lot will not
generate 100 peak hour trips. The trip generation rates for this particular project
include 20 in the a.m. and 86 in the p.m.
F. Parking requirements of the County Zoning Ordinance call for one (1) parking space
for each four hundred (400) square feet of gross floor area for unidentified retail
space. Building 2A, suites 100 and 110 (currently housing Home Insurance), has a
total floor area of 6,156 square feet, requiring a minimum of only 15 parking spaces.
Currently, the entire complex shares eighty -eight (88) parking spaces. Home
Insurance employs approximately 120 people; which generate a need for additional
parking. The maximum amount of Home Insurance employees parking at one time
would be 140.
G. The property is not located in a flood hazard area.
H. Currently there are outstanding violations related to the property address and
current use. Violations include Engineering, Zoning and Stormwater. The Engineering
Department will require the applicant to modify the previously approved land
disturbance permit and obtain both a county and a state stormwater permit. The
Special Use Permit will remedy the zoning violation. In order to resolve the
Stormwater concerns the applicant shall modify the previous stormwater permit and
include the disturbed areas outside of their previously approved limits and
incorporate their impervious surface calculations (gravel and dirt Parking area) that
were not previously approved.
Staff Suggestion: Evidence in the record at this time supports a finding that the expansion will
not materially endanger the public health or safety where proposed when violations have been
properly remedied.
2. The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. Non - residential off street parking may be permitted by Special Use Permit in an R-
15, residential district.
B. The proposed project is solely for ground level parking in conjunction with the
principal use as opposed to paid parking lots, loading facilities, etc.
C. The proposed project satisfies the minimum requirements established in Section 72-
28 of the county ordinance.
D. The 2006 Land Classification Plan classifies the area as urban, which allows for
continued intensive development and redevelopment of existing urban areas.
E. All other local, state and federal requirements must be met, including possible
property upgrades to meet building codes and fire safety codes.
F. The proposed project is located within the City of Wilmington's annexation area,
effective June 10, 2010. Therefore, a copy of the site plan was submitted to Ron
Satterfield, Development Services Manager. Angela Faison, City of Wilmington
Associate Planner, reviewed the proposal and was concerned with the access
5 -601, (5/10)
Page 2
Board of Commissioners Meeting
06/07/2010
15 -1 -2
easement designation on the deed of the Lagomarsino property and the
encroachment of the project across adjacent property lines. Both Martin Self
Storage and The Esplanade Unit Owner's Association have authorized Cindee Wolf
to represent their interests, so the encroachment concern does not appear to be an
issue.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will meet all
required conditions and specifications of the Zoning Ordinance provided adequate
documentation is in place to clarify the deeded access issue.
3. The Board must find that the use will not substantially injure the value of the
adjoining or abutting property or that the use is public necessity.
A. No evidence has been submitted that this project will decrease property values of
residents who live nearby.
Staff Suggestion: The evidence in the record at this time supports findings that the use will not
substantially injure the value of adjoining or abutting property.
4. The Board must find that the location and character of the use if developed according
to the plan as submitted and approved will be in harmony with the area in which it is
to be located and in general conformity with the plan of development for New
Hanover County.
A. The 2006 Land Use Plan Update identifies this area as Urban. The Urban
classification provides for continued intensive development and redevelopment of
existing urban areas.
B. Buffering will be required to mitigate impacts on adjacent residential district.
Staff Suggestion: The evidence in the record at this time supports findings that the use will be in
harmony with the area in which it is located, when proper buffers are installed.
ACTION NEEDED: (Choose one)
Use the Script /Worksheet to make findings and
1. Grant the special use or
2. Add conditions to the special use or
3. Deny the special use
5 -601, (5/10)
Page 3
Board of Commissioners Meeting
06/07/2010
15 -1 -3
Case S -601 (5/10)
Special Use Permit to create non - residential off street parking
Petition Summary Data
4813 Carolina Beach Road
Owner /Petitioner: Carlos Lagomarsino
Existing Land Use: Residential R -15
Zoning History: Area 4 (April 7, 1971)
Land Classification: Urban
Water Type: Public
Sewer Type: Public
Recreation Area: Veterans Park and Monterey Heights
Access &Traffic Volume: Average Daily Trips (ADT) on Carolina Beach Road (US 421, Southeast
of Antoinette Drive) increased from 35,144 (2008) to 36,731(2009)
Fire District: Myrtle Grove Fire Department
Watershed & Water Quality Classification: Motts Creek; C:Sw
Aquifer Recharge Area: A primary recharge area of principal aquifer (combined Castle Hayne
and Peedee aquifers confined and artisan)
Conservation /Historic /Archaeological Resources: Pocosin encompasses the entire property
Soils: Leon and Lynn Haven Fine sands located on the property
Septic Suitability: Both Leon and Lynn Haven fine sands contain severe limitations and require
extensive modification and intensive maintenance.
Schools: Bellamy Elementary
Board of Commissioners Meeting
06/07/2010
15 -2 -1
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SUBMISSION RE UIREMENTS
,applications MUST be reviewed by the Planning Department for completeness prior to acceptance, For Special
Use Perms that are considered residential or mobile homes a fee of $ 150.00 is required. All other Special Use Permits
require a fee -00. This fee, payable to New Hanover County, MUST accompan y this petition.
No application will be accepted unless accompanied by a plan of the proposed use and lot drawn to scale
to be used as evidence in support of the required findings of fact outlined on page 2 of this application. I
submitting, full size plans, please provide thirteen 1 copies for the Planm"ng Board Meeting and nineteen 1
copies for the County Commis sioners Meeting; 1 1 7 reduced site plan, and thirteen 13 and nineteen (1
copies of any color documents. The following supplemental information is required:!
I
NEW H ANOVER C OUNTY 23 o Govemment Center Drive
S L It t
PLANNING DEPARTMENT
' .
Wilmington, NC 28403
'
910 - 7 98 - 7165 phone
Adj acent property owners and uses
ww w.nhcgov.com
Na me of P etitioner
:..:. :.::.
Y : : . :
... ..
Trios Lagom
.
Address
City, State, Zi
931 Bala Lane
Wilmington, NC 2840
E mail Address
re s
Telep one-Number o f Pet iti oner
c lagomars] 4 no@homeinsurance.com
910-443-3174
N ame of Property O wner if different t h an Petitioner)
Te N um b er of O wner if diff erent th an Petit i oner )
(same)
Address of P ro p erty Owner i different th an Petit ioner)
City, State, Zi
Exist Zonin
Pro posed Use
R -1 5
Non-Residential street Parkin
Area o f Property 1 .30 i.+/-
Parcel ID Number R 07100-003-017-00 (PIN
313405.18.48451
E xi s ting U of property
Land lsslf�a�IoI� (S Laos use Phan)
Vacant rt
U rban
SUBMISSION RE UIREMENTS
,applications MUST be reviewed by the Planning Department for completeness prior to acceptance, For Special
Use Perms that are considered residential or mobile homes a fee of $ 150.00 is required. All other Special Use Permits
require a fee -00. This fee, payable to New Hanover County, MUST accompan y this petition.
No application will be accepted unless accompanied by a plan of the proposed use and lot drawn to scale
to be used as evidence in support of the required findings of fact outlined on page 2 of this application. I
submitting, full size plans, please provide thirteen 1 copies for the Planm"ng Board Meeting and nineteen 1
copies for the County Commis sioners Meeting; 1 1 7 reduced site plan, and thirteen 13 and nineteen (1
copies of any color documents. The following supplemental information is required:!
Mote: Applicants should refer to Article 6 & 7 of the Zoning Ordinance for additional requirements for specific uses. The
Plana g Department, Planning Board, and/or Board of County Commissioners reserve the right to require additional
information if needed to assure that the use ire its proposed location will be harmonious with the area and in accordance
with the Zoning Ordinance of the County of New Hanover.
Board of Commissioners Meeting
(gWJ0
15-5-1
SUP 11/07
I
one copy of current tax snap
Narrative o pro pose d use
Adj acent property owners and uses
L ocation of existing an or propose structures to b e used in conn ection with the re use
5
L ocation of street parking an in gress /egress
.
6
Location an d imensions of pr sign(s)
x
7
Location of site re lative to maj o thorou
Setbacks from property lines
IK
9
,Authority fo appointment of ag ent fonn
10
Applicant ans to the questions on th e a pplication
i l
Signe site pl an c
Mote: Applicants should refer to Article 6 & 7 of the Zoning Ordinance for additional requirements for specific uses. The
Plana g Department, Planning Board, and/or Board of County Commissioners reserve the right to require additional
information if needed to assure that the use ire its proposed location will be harmonious with the area and in accordance
with the Zoning Ordinance of the County of New Hanover.
Board of Commissioners Meeting
(gWJ0
15-5-1
SUP 11/07
'RIGE VIEW PROCEDURES
Applications for Special Use Permits (other then for single family dwellings on individual lots) are first referred to
the New Hanover County Planning Board for recommendation to the County Commissioners. The Commissioners
male final action on the permit application in a quasi-judicial public hearing.
Complete petitions and all supplementary information must be accepted her the Planning .Department twenty (20)
o rking days before the Planning Board meeting to allow adequate ti rne for processing and advertisement as
required by the North Carolina General Statutes.
Planrd ng .Board meet ngs are held on the first Thursday of each month at 5:3 OPM in the Commissioner's As semh l
Room at the Old County Courthouse, at Third and Princess Streets, Wilmington, Forth Carolina.
Applications for single - a ml ly dwel ling , including mobile homes, on individual lots ,rust lie accepted by the
Planning Department twenty 2 working days before the regularly scheduled Commi s 8 loners meeting. App lications
for single-family dwellings n individual lots rho not require planning board review.
'what You Must Establish For A
Sp ecial Use Perri
Authorit r to grant a Special Use Permit is contained in the Zoning 0 rdinance, pursuant to section 7 1. The Zoning
Ordinance imposes the following General Requirements on the use requested by the applicant. Under each requirement, the
applicant should explain, with reference to attached plans, where applicable, how the proposed use satisfies these
requirements: Attach, additional pages if necessary)
General Requirement HI
The Board must fi nd ' that the use wi I I not materia I ly endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved."
Access to the proposed parking area is to from an existing NC DOT approved driveway onto Carolina Beach
Road N.C. Try. 421), a 160' median-divided public right-of-way. A deceleration taper and right turn lane are
already ex i sti ng. T urni ng moveme nts are lit it d to right -in / right -out. A ve hic u lay turnaround is provided at the
far extent of the pa - ling filfty.
General Requirement #2
The Board must find "that the use Meets all required conditions and specifications" of the Zoning Ordinance ".
The site plan, notes & acknowledged conditions meet the criteria of Ordinance Section 72-28.
Board of Co it Meeting
06/010
15 -5 -2 ' 11/07
General Requirement #3 T
The Board must fi n d "that the use g ill not su bs tantia ll { injure the val oe of adjoining or a-bu tting property or that the use is a
P'Lil lic Ilecessity.''
The parking ing is intended for use by the adjacent commercial center to the Southeast. The residential neighborhood t o
the Northwest is airy separated b a strip of common area, and wi II be further buffered by a 10' vegetative strip to
visually screen the parked cars from the residences. Overall, the existing conditions will be improved by the
pgradi ng of the landscape req ui rem e nts for a p arki ng fi lity.
General Requirement
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 barmony with the area in l h it is to e located and in general conformity with the plan of development for New
Hanover County."
The property and surrounding area is in a Urban land classification and along a major thoroughfare that assumes
more intensive uses. Policies for growth encourage co ntinued efforts to attract and retain businesses. Additional
parki ng is necessary for the a diace nt business to remain viable based o n the large numb r o f employees.
The Zoning Ordinance in some instances ado imposes additional specific requirements on the use requested
by the applicant. The applicant should be prepared to demonstrate that the proposed use would comply with each
specific requirement Found in section 72, additional restrictions imposed on certain special uses as applicable).
He/She should also demonstrate that the land would he used in a manner consistent with the plans and policies of
New Hanover County. The hoard of Con missioners may impose additional conditions and restrictions that they
deem appropriate prior to the issuing of the Special Use Permit. I certify that this application is complete and that
all of the information presented in this application is accurate to the best of y Imowledge, information, and belief.
Signature of Petitioner and /or Property [owner
Print Name
Fagg 3 of 3
Board of Commissioners Meeting S UP 11/
06/07/2010
15 -5 -3
HorneInsurance Parking
Special Use Permit Narrative
For Non - Residential Cuff- Street Parking
On Pa rcel at 4813 Carol Beach Road
H omeInsuran ce i s a web -based co m pan y, The offices and associated call center are
located at 4829 Carolina Beach Toad, in the Esplanade business development. It has been
operating for three years. The company cu rrently employees approximately 1 20 and has
pan s i on plans to increase to up to 160 vorlrs. This type of enterprise generates the
need for vehicle parking well in excess of the normal parking requirements, and thus
overflow parking needs have become an issue. Policies for growth encourage continued
efforts to retain i n ss s. Additional parki ng is necessary for this business to remain
viable in this location.
The subject tract of lard is immediately adjacent to the offices, is owned by the owner of
the company and of the condominium unit, and is already used for the primary access from
Carolina Beach Road to the Esplanade. At o' wide, the tract was always envisioned to be
an access corridor. A drive aisle is already paved from the driveway intersection to the rear
gate into the dj fining self-sto fa i lity.
The tract is zoned -1 5. It is in an "Urban" land classification as defined on the CAI
Land Use Plan. The tract is located along a busy major thoroughfare corridor. the land
classification assures more intensive uses. The Zoning Ordinance allows "Non-
Residential Ofd street Parking" in a residential district as a use by approval of a Special Use
Permit. Section 72-28 defines particular su pplemental requirements that must be met.
The proposed project is to provide 1 20 additional parking spaces by improvement of the
tract with the necessary new pavement and required buffer and interior landscaping. The
charges will improve safety for the employees with better defined parking, and imp
the overall aesthetics of the vicinity in bringing the landscaping into full compliance with
the code. The developer has agreed to install porous materials for all of the new p av ment
su rfaces, and the interior landscape medians w i l l be incorporated into the storm rat r
management as bio- retention areas. A vehicle turnaround has been designed at the
terminus of the parting lot for better circulation.
Board of Commissioners Meeting
06/07/2010
15 -6 -1