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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 This page intentionally left blank. 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 This page intentionally left blank. 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 This page intentionally left blank. 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 5-1-1 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 5-1-6 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 This page intentionally left blank. 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. 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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 , Q� O O .j• O r o p, �J y 4 N U W W O OOv O N � r _OW Q ��5 Lo TOM c ~ rn E p o a� U = Y J a r. N N IL �c rn N U a a. Q wo J = U _ ❑ J W ?� Q 0 V a H �� a � ��� w � w ❑ Q uo -j W '�� ~ ���� °— i 70 4) ca Ct) (n o M m � ru U 1 ❑ ° a R i w a a o o o> Z J m a ° r 0a �, ca Q O � �� cn� ❑ � a o=o L) L) z ❑ z H � LL] � Y Y � o Lb a U � � �] z } J 5 a ° o a �n ° 2 L z z J"" 0 z❑ a Y LU �.��L u�i Z ❑ Z LL] CL � °J Nag= � E ' • y 4- a -1�} a < g o° o° a >- o a o= 5 m m m U U U U C7 2 2 2- Y J z a a H H _ M W �. 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STORMWATER PLAN _f_Z Z ­(IFF11D FOR INTRACOASTAL I PLLC ENGINEERING, MIDDLE SOUND 91 Pelican Point Road o � = * m Wilmin North Carolina 28409 C VILLAGE Phone: 910.409.3567 Email: Charlie CviiiLracoastaleii NEW HANOVER COUNTY, NC L _�--rT / L r r bE / / ryv��N� / \ \ I __ - - - -- �I klbr z \ , / — �4aoz - / 1 � v tiro �� � - - - - --� I // Al x� / ' I I I I — *cN \I� lr x P` \ \, / � � \ `�` \ \ \ \ �\ ��''`� \\ I I i \\ \ ✓'/ / \ Vi \ < `\ \ EXISTING z m `z op�v Z z ° INFRASTRUCTURE PLAN _ 1 � H o ° o ; ^d� FOR INTRACOASTAL \.` 3 m ry N N > ENGINEERING, PLLC M H MIDDLE SOUND ' .\ 9l Pelican Point Road H North Carolina N z R T /� N c "1'1liilll" V ILLAC7E Wilmin Phone: 910409.35i728409 z c 1 � Email: Charlie @intracoastalengineering.com y r0 t- A NEW HANOVER COUNTY, NC 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 4 Board of Commissioners Meeting 06/07/2010 13 -6 -6 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 5 Board of Commissioners Meeting 06/07/2010 13 -6 -7 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 6 Board of Commissioners Meeting 06/07/2010 13 -6 -8 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 7 Board of Commissioners Meeting 06/07/2010 13 -6 -9 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. 8 Board of Commissioners Meeting 06/07/2010 13 -6 -10 ,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.' 9 Board of Commissioners Meeting 06/07/2010 13 -6 -11 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. 1 Board of Commissioners Meeting 06/07/2010 13 -6 -12 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 06/07/2010 13 -6 -13 "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 12 Board of Commissioners Meeting 06/07/2010 13 -6 -14 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. 1 Board of Commissioners Meeting 06/07/2010 13 -6 -15 , 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. 1 Board of Commissioners Meeting 06/07/2010 13 -6 -16 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 Board of Commissioners Meeting 06/07/2010 13 -6 -17 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 I I I I I too TL / \ I \\ C — ��3�I_M�QI r— 2I // — \ _ - -- 4 ,11 / )Y tt ------ - - - - -- Id� / /x\ <\\ 'J g P` \ \p / \ �` \ \ ` \ \z''� `\ I I \\ \✓ �, i It 4,\\ Q � ' � — � — �' y I .rbM -, p p y S S C 2` a I \ \ A or EXISTING m °T INFRASTRUCTURE PLAN �1 „ �1; I ��,,11�a n �� O �� i� t(� I ti �k11a xiarra1y 3 H z o o �. �P FOR {; ,` INTRACC�ASTAL ry y _ N �4J }, f`'l``s ENCTINEERINC� PLLC m z N _ % �ti1��� d o m MIDDLE SOUND (II'' ,, � o a � °a ,-, Z %9� •• ,� r i y �t 91 Pelican Point Road R Z / H V ILLAGE W North Carolina 28409 � N - O G� 1i11 T Phone: 910.409.3567 � O (� 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. 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BSI i..i � ' �k�' "; ,r' N.v}.• Yr.L,,, .......: �....� "` eiJ i; , � '4�" L • , • r i :Y ;•�� •w 1 1 , j Q+ 10 z Oxi, -wx , ', - ^`•Ok •; / .�.....� >_�':, � Q �, 1 � • F i.i' • 'Y ,C i. Vk k S, v ..... ..... ... ........... . ....... . ... . .... V , J�JV% A • PY- S y r ' , . .. ....... ;W 0 4 NN E CL 0 Lu z LU q 7 C p , to 0 G c cr a; 0; 0 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. 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'CO�527 DIN I Lu �'u . " 'p I , LVt 5� 0 A, 3 1 AXnS I S113NNVId I SN33NISN3 000[-ZSt7-0 - 16 P-L Lil?l al!s Pu!IcIJFDq!J()N A / Cfl Zl,V9Z DR 'U0l'D' Ulwl!A\ YNIJ 0 L L,"i ' L�D PR a 1� U I I DA C D 6 T. 9 t, -13 N 3 "'M _3� S tf:3 H JL I A& w')jjFj I WA@j @Sn j ppad S u i j i ie @z) u ej n s u w o [S ON kl 0 F U I oj P D F Let 5 5 j PPV ,� ( d LLL u 40) Ij 2 CS (L IT j v _ q) V C] c "o -c- N F , 0 rn a L 75 0 L C E z 'n U ID 01 l c ol Lu 0 3 2 15' 1 v 0 Ln L D u z -Q u L 10 -C aj c o 7 0 N 4 E - 6 L cc j 3 9 > quiz h9 CL A go, c - - z " CP Lr� C �t .�y. m � 0."Y_- .- -x:.._ L) LL T Lil (J) Z Ln SIQ E ri n L 7 7 0 x' ,�' x u o' 41 C _ L c c tN L > c o lu Ft 'q J Tj I- I- in 6 Q_ 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