Agenda 2008 08-04NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301
Wilmington, NC
ROBERT G. GREER, CHAIRMAN • WILLIAM A. CASTER, VICE-CHAIRMAN
TED DAMS, JR., COMMISSIONER • WILLIAM A. KOPP, COMMISSIONER • NANCY H. PRITCHETT, COMMISSIONER
BRUCE T. SHELL, COUNTY MANAGER • WANDA COPLEY, COUNTY ATTORNEY • SHEILA SCHULT, CLERK TO THE BOARD
6:00 P.M.
MEETING CALLED TO ORDER (Chairman Robert G. Greer)
INVOCATION (Alan T.E. Benson, Senior Pastor, Grace Baptist Church)
PLEDGE OF ALLEGIANCE (Vice-Chairman William A. Caster)
APPROVAL OF CONSENT AGENDA
CONSENT AGENDA ITEMS OF BUSINESS
1. Approval of Minutes
2. Adoption of State Road Resolution
3. Approval of Submission of a 2008 Assistance to Firefighters Grant (AFG)
Operations and Safety Grant Application
4. Consideration of Amendments to the New Hanover County Board of Health
Terms of Office
5. Approval of New Hanover County Child Fatality Prevention Team 2007
Summary
6. Acceptance of FY 08-09 New Hanover County Board of Education Budget
Resolution
7. Adoption of Ordinance for Budget Amendment
8. Adoption of Ordinance for Budget Amendment
ESTIMATED
TIMES
REGULAR AGENDA ITEMS OF BUSINESS
6:10 p.m. 9. Consideration of Resolution naming Conference Room 601 of the County
Government Center in honor of Lucie F. Harrell, Retired Clerk to the Board
6:15 p.m. 10. Public Hearing
Rezoning Request (Z-888, 7/08) - Request by Mike Nadeau for SENCA, LLC
to Rezone 9.22 Acres in the 9100 Block of North Market Street from R-15
Residential to B-2 Highway Business District in the Transition Land
Classification
6:45 p.m. 11. Public Hearing
Conditional Rezoning Request (Z-889, 7/08) - Request by Withers & Ravenel
for Greenhouse Properties to Rezone 0.81 Acres at 6005 Carolina Beach Road
at the Corner of Manassas Drive from R-15 Residential to Conditional O&I
for a Veterinary Use in the Transition Land Classification Adjacent to the
Battle Park Subdivision
7:05 p.m. 12. Public Hearing
Special Use Permit (5-583, 7/08) - Request by Tom Johnson for Rockford
Partners, LLC to Permit a Community Boating Facility Having 53 Slips in the
Northeast Cape Fear River to Serve the Sunset Reach Subdivision, Located at
the Terminus of Rockhill Road
Board of Commissioners Meeting
08/04/2008
7:25 p.m. 13. NOTE: This item has been withdrawn until the September 2, 2008 meeting.
Public Hearing
Text Amendment (A-371, 5/08) - Request by Staff to Amend Article II.
Definitions and Article VI. Supplementary District Regulations to Define and
Specify Standards for Senior Housing Options
7:40 p.m. 14. Public Hearing
Text Amendment (A-372, 6/08) - Request by David Ward to Amend Section
72-31(6) of the Zoning Ordinance to Allow Dry Stack Storage in Residential
Districts Only as Part of a New Development and to Remove the Term
"Abutting" from the Setback Requirements
7:55 p.m. 15. Public Hearing
Text Amendment (A-373, 6/08) - Request by Staff to Amend Section 59.4-2
of the Zoning Ordinance to Clarify the Applicability of the Conservation
Overlay District (COD)
8:05 p.m. 16. Public Hearing
Road Closing (SC-85, 5/08) - Request by the New Hanover County Airport
Authority to Close a 900' Portion of the Old Winter Park-Wrightsboro Road
(also known as John Morris Road) Located Near the Intersection of North
Kerr Avenue and John Morris Road
8:20 p.m. 17. Public Hearing
Road Closing (SC-86, 6/08) - Request by LS3P to Close a 670' Portion of
Point Harbor Road Located Near the Western Foot of the Holmes Bridge,
South Side
8:35 p.m. 18. Consideration of a Resolution to Establish a Solid Waste Advisory Board
NON-AGENDA ITEMS (limit three minutes
ADDITIONAL AGENDA ITEMS OF BUSINESS
8:45 p.m. 19. Additional Items
County Manager
County Commissioners
Clerk to the Board
County Attorney
8:55 p.m. 20. 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
08/04/2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
CONSENT
ITEM: 1
DEPARTMENT: Governing Body PRESENTER(S): Chairman Greer
CONTACT(S): Sheila L. Schult, Clerk to the Board
SUBJECT:
Approval of Minutes
BRIEF SUMMARY:
Approve minutes from the following meetings:
Agenda Review meeting held on July 17, 2008
Regular Session meeting held on July 21, 2008
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve minutes.
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
08/04/2008
1-0
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
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:
Adoption of State Road Resolution
BRIEF SUMMARY:
NCDOT is considering the addition of this road and requesting the Board to adopt a resolution in support of
adding the road:
Morrow Drive in Kirkwood at Arrondale Subdivision in New Hanover County (Division File No. 1123-N) to
the state system.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt SR-2 resolution.
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
ATTACHMENTS:
NCDOT Request Letter
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
08/04/2008
2-0
~~5~a
L~ ~'~ ~
~7
P~~,~~
JUL 1 i ZOCE
1
STATE of NORTH CAROLINA I F~ `ur f i n r~ n ~~ E R C 0
ao o~ cr~r,gh~~~ ~~r~~~s
DEPARTMENT OF TRANSPORTATION
MICHAEL F EASLEY DIVISION OF HIGHWAYS LYNDO TIl'PETT
GOVERNOR SECRETARY
July 9, coos
Ms. Sheila Schult, Clerk to the Board
New Hanover County Board of Commissioners
Z3 D Government Center Dave, Suite 175
Wilmington, NC 28403
Subject Proposed Addition to the State System of Highways
Dear Ms. Schult
This office is considering the addition of Morrow Drive in Kirkwood at Arrondale Subdivision
in New Hanover County, Division File Na 1123 N to the state system. Aber 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
Sincerely,
Anthony aw
Distract Engineer
AWL.~dd
3~~ Div~sian Drive, Wilmington, N C 2841 Tel: ~910~ 251-2b55 Fax: ~91~) 251-2759
Board of Commissioners Meeting
08/04/2008
2-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
CONSENT
ITEM: 3
DEPARTMENT: Fire Services PRESENTER(S): Donnie Hall
CONTACT(S): Frank Meyer, Donnie Hall
SUBJECT:
Approval of Submission of a 2008 Assistance to Firefighters Grant (AFG) Operations and Safety
Grant Application
BRIEF SUMMARY:
A program of the Federal Emergency Management Agency (FEMA), the purpose of the 2008 Assistance to
Firefighters (AFG) Operations and Safety Grant is to provide equipment and training for both career and
volunteer firefighting staff. New Hanover County Fire Services is requesting application submission
approval for three programs.
The first program would provide our firefighters with Personal Protective Equipment specially designed for
Wildland firefighting. This equipment is less bulky and lighter weight than the standard structural Personal
Protective Equipment which reduces staff fatigue and dehydration. This equipment would allow for a safer,
more efficient response to these type of Wildland incidents. This grant would provide our department
approximately 75 sets of gear at $238.00 dollars each. Total program cost of $17,850.00.
The second program would provide Urban Search and Rescue Technician level training for 15 firefighters to
enable them to respond to rescue responses as part of a Type II USAR Task Team. We currently have
enough trained personnel to staff less than 25% of these responses. These trained firefighters would return
our USAR staffing to an acceptable level. The 14 day training for 15 people would be $1025.00 / $15,375.00
total each and shift coverage for these personnel while attending training would be $2117.00 each
person / $31,755.00. Total program cost of $47,130.00.
The third program would would provide NFPA 1021 Officer Level II training and certification that is
accredited by International Fire Service Accreditation Council (IFSAC) to 25 our of officers at a contracted
cost of $12,000.00. This training will be held locally and will have minimal impact on shift personnel. Total
program cost of $12,000.00.
The total grant request is for $76,980. The grant requires an 80/20 split grant. The AFG Grant would
provide $61,584.00. Matching funds required by department of $15,396.00 are budgeted in the FY08-09
department Budget.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Approve submission of the 2008 Assistance to Firefighters Grant Operations and Safety Grant Application.
FUNDING SOURCE:
Are funds available in the current budget for the full amount required for this purpose?
Board of Commissioners Meeting
08/04/2008
3-0
yes
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
Explanation: Matching grant funds of $15,396.00 were included in the FY08-09 Budget.
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
08/04/2008
3-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
CONSENT
ITEM: 4
DEPARTMENT: Health PRESENTER(S): Dr. Sandra L. Miles, Chair, Board of Health
CONTACT(S): David E. Rice
SUBJECT:
Consideration of Amendments to the New Hanover County Board of Health Terms of Office
BRIEF SUMMARY:
Public Health Laws of North Carolina (130A-35) allow for three (3) three-year terms for county board of
health members. New Hanover County Board of Health members are currently limited to two (2) three-year
terms. Based on the complexity of the health department's programs and services and the quasi state-local
relationship of public health, the Board of Health requests the potential appointments of Board members be
expanded to three (3) three-year terms.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Recommended motion from the Board of Health to approve the expansion of Board appointments to three
(3) three-year terms. In addition, a recommended motion to approve the following changes to its Operating
Procedures: Article III -Members: Increase appointments of Board members to three (3) three-year terms
(Contingent upon NHC Commission approval).
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
ATTACHMENTS:
1) Letter from BOH Chair to NHC Commissioners; 2) Public Health Laws of NC 130A-35c; 3) Operating
Procedures of the NHC BOH; 4) June 19, 2006 NHC Board of Commissioners Meeting Agenda; 5) June 19,
2006 NHC Board of Commissioners Meeting Minutes
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Consider request.
COMMISSIONERS' ACTIONS:
Approved 3-1, Chairman Greer voting in opposition with amended language, "to expand appointments to
allow a third three-year term."
Board of Commissioners Meeting
08/04/2008
4-0
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C~omm~iss~oner Nancy ~. F~`itchett
~to6ert M. ~ha~caur, fir., MD
C. Bcnjamfn S~'adley
Johp ~. Tu~sta~l, P~
July ~~ ~ ~aa~
~'a; New Heaver faun#~ Baard of ~rnrr~isianer
~a Dr. Sandra !~. iies, chair
New Hanover Jaunty Baard of Health
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David E, Rice, IIr~PH, M~
~~~i DiC~Or
Pubiic Heaith haws of North aroiina ~ aA 5 aiiaw far three ~~ three~year terms far
Jaunty Baard of Heath members. New Hanauer ount~r hoard of Heaith mem~~rs are
currently i~m~ted to two ~~~ three-year terms, Bayed an the aomple~~ty of the Heaith
e~artments ~ror~ms and services, and the ~aasi tats-~oai r~~e~~ar~hip of ~ubiia
heath, the Baard of Health requests the patential appaintme~ts of Baard members be
expanded to three (3} #hree-year terms.
At the New Hanover bounty Baard of Health meeting on Juiy 9, a~B, the Bawd of
Health passed a~ mot~an to request the New Hano~rer aunty Baard of ornmissioners
reconsider the term limits for the Baard of Heath, U1~e respectfully request the Baard of
omisianer a~prave the ex~aniar~ of Board ppaintments from two ~~}three-year
terms to three ~} three-year terms,
l~h Board of commissioners initially considered this request on dune T ~.
Atteched is the agenda item aid minutes from this meeting.
~'han you far yaur tires and conideratian,
~> ~.
Sandra L lllliles~ ~~, chair
New Hanover aunty Baard of Heaith
Board of Commissioners Meeting
08/04/2008
4-1-1
~ 30~~~ PUB~~C HE;~'X'I~ ~
healtli depar~n~eilts ~~ave applied for il7itial accrea-
itatioia by December ~, ~~0 ~ 4.
~~) The Board shall assign t%e following accredi-
~atian s~at~ls. as applicable;
~ ~:a "Accredited" to a local health department
that satisfies the accreditation standards.
The initial period of accreditation shall ex-
pire four calendar years after initial accred-
itation is granted,
~~} "conditionally accredited" to a local health
department that, in its initial accreditation
application, fails to satisfy the accreditation
standards. The period ofcanditional accred-
itationshall expire two calendax years after
conditional accreditation is granted. The
Board shall provide to the local health de-
partment a written statement of the co~xdi-
tions that must be satisfied in order far the
local health department to be accredited. At
any time during the two-year period, the
local health department znay request that
its status be reviewed and changed from
"conditionally accrreditd" to "accredited." If
the Board finds that the conditions have
been met, the Board shall change the local
health department's status to "accredited"
with the accreditation period to expire four
calendar years after the conditional accred-
itation was initially granted. If the Board
finds that the conditions have not been
satisfied, the local health department shall
continue under its grant of conditional ac-
creditation. During the conditional accred-
itation period, the local health department
may apply again for accreditation in accor-
dance with rules adopted by the commis-
sion.
(h~ Dach accredited local health department shall
apply for reaccredztation in accordance with rules
adapted by the Comrnission~
~i} then the Board assigns the status
"unaccredited" to a local health department, the
Board shall send written notification of that status
to the local health department and to the Secretary
~j} The onaax~issian shall adopt rules to imple-
ment this section. ~2D~5-3~9, s. ~tb}.)
X~A-3~. County beard of health; appointor
ment; terms.
~a} ~. county board of health shall be the policy-
rnaking, rule-mal~ing and adjudiCatory body for a
county health department.
fib) The members of a county board of health shall
be appointed by the county board of commissioners.
The board shall be composed of ~~ rr~embers, The
ca~x~position of the board shall reasonably reflect the
population n~a~eup of the county and shall include:
one physician licensed to practice medicine in this
Mate, one licensed dentist, one licensed optometrist,
one licensed veterinarian, one registered nurse, one
licensed. pl~ar~~acist, one county con~3nissio~~er, on~~
prafessia~~al engineer, and three representati~7es ai~
the ge~aeral public. All zx~e~.aberw sl~all be residents of
the county. If there is not a Licensed physicia~l, ;~
licensed dentist, a licensed optometrist, a licensed
veterinarian; a registered nurse, a licensed pharn~a-
cist; or a prafessiozaal engineer available for appaint~
znent, an additional representative of the general
public shall be appointed. ~f however, one of the
designated pxoi'essions has only one person residing
in the county, the county commissioners shall have
the option of appoizating that person ar a member of
the general public.
~c~ Except as provided in this subsection, mem-
bers of a county board of health shall serve three-
year terzr~s. No mezx~ber ~rnay serve more than three
consecutive three-year terms unless the member is
the only persan xesiding zn the county who repre~
cents one ofthe professions designated in subsection
~b 7 of this section. The county commissioner znen~ber
shall serve only as long as the member is a county
cv~.rnissioner. When a representative of the general
public is appointed due to the unavailability of a
licensed physician, a licensed dentist. a licensed
optometrist, a licensed veterinarian, a registered
nurse, a licensed pharmacist, or a professional engi~
Weer, that ~r~e~nber shall serve only until a licensed
physician, a licensed dentist, a licensed optometrist,
a licensed veterinarian, a registered nurse, a li-
censed pharmacist, or a professianal engineer be-
comes available for appointment. Yn order to estab-
lish auniform staggered term structure for the
board; a member nay be appointed for less than a
three-year term.
ld} Vacancies shall be filled far any unexpired.
portion of a term.
(e} ~. chairperson shall be elected annually by a
county board of health. The local health director
shall serve as secretary to the board.
~f} A majority of the members shall constitute a
quorum.
(g} A member may be removed from office by the
county board of commissioners far:
~ ~.) oz~mission of a felony or other crime in-
volving moral turpitude;
~2} Violation of a State law governing conflict of
interest;
~3) Violation of a written policy adapted by the
county board of commissioners;
~4} 1-~abitual failure to attend meetings;
~5} ~anduct that tends to bring the office into
disrepute; or
~G} Failure to maintain qualifications for ap-
pointment required undex subsection fib} of
this section.
A board member may be removed only after the
member has been given written notice of the basis
for removal and has had the opportunity to respond.
~h~ member may receive a per diem in an
amount established by the county board of commis-
sioners. ~,eimbursement far subsistence and travel
- N~T~ATIQN ~ ~ ~OA-7
~#i~ ~~ 463 LOCAL ADlI~~
r, ~~~~~-
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pf.~~Iif.
wnc=~'~il
~f t~~~i
siciirt~~
[ h~~vf~
me~~~~
thI'E'.['=
thre~•
Lber ins
repr~-
~actio~~
ember
wount~~
eneraf
yofa
sensed
stered
l engi~
sensed
letrist,
a li-
fer be-
estab-
or the
khan a
~~pi~red
ybya
irector
itute a
by the
ine in~
~flict of
by the
ce into
€or ap~
r~ fib) of
'ter the
e basis
:spond.
in an
~nlmis-
~ travel
shall be in accordance with ~ policy set by the county
board of cornm,issianers.
~i) The board shall meet at feast quarterly. The
chairperson ar three of the members may call a
special meeting. X1901, c• X45, s. 3t l~ev., s. 4444;
X911, c. G~, s. 9; C.S., s. 704; 1931, c. 149; X941, c.
185,1945, C. 99, C. I030, S. x,1947, C. 474, S~ 3,1951,
c. 92;1957, c,1357, s. 1;1963, c, 359; 197, c. 124,
s. ~;1969, C. 719, s. 1; ~9"~1, C. 175, s. 1; C. 940, s. 1;
].973, c, 137, s. 1; cF 1151;1975, c, 272; 1979, c. G21;
1981, c. 104; 1983, c. 891, s. ~; 1985, .c. 418, s. 1;
1987, c. 84, s. 1;1989, c. 764, a. ~;1995, c. X64, s. 1.}
Local Modification to Former G.S, 13~-1~ and Former
$iinilar provisiops. ~-Caldwell: 1939, c. 8~6; Cumberland:1935,
c.159;1943, c. 91; Edgecombe:1969, c. 422; Moore: 1943, c. 326, s.
~; Nssh:1949, c. 6, s. ~.
CASE r~oT~s
Rule-l1+Iakiing Powers. - ~ board of health acts within its
rule-making powers when it enacts a regulatinn which (1} is related
to the promotinra or pratectinn ofhealth, ~2) is reasonable in light of
the health risk addressed, (~) is not violative of any law ar
constitutional provision, (4} is not discriminatory, and (5}does not
make distinctions based upon policy concerns ids v~FeedinY 124
searved far legislative bodies. City of Roanoke Rap
N.C. App. 5'~8, 478 ,E.2d 528 (1990.
Powers Exceeded, -- Enactment of cnuntp makin g owers
exceeded the general limitations impose dsv°Peedin, X24 N,C. App.
of boards of health, City of Roanoke p
578, 478 ,E,2d 528 (19~fi).
Applied in Gray v. Laws, 511r.3d 426 (4th Cox. 1995}.
Cited in Houck & Sans v. Transylvania County, 8~2 F. Supp. 442
~w.D.N.C. 1993), aff'd, 3G k'.3d 1492 t4th Cir. X994}.
~ 1~OA-3B. ~x~ation of d1S't~ict health depart-
ment.
~a~ A district health department including rnoxe
than arse county nay be formed in lieu of county
health departments upon agreement of the county
boards of camrnissianers and local boards of health
having jurisdiction a~rer each of the counties in-
volved, Acounty may 3ain a district health depart
meet upon agreement of the boards of commissioner
err and local boards of health having jurisdiction
over each of the counties involved. A district health
department shall be a public authority as defined in
.5. 159-7(b}~1U}.
(b~ ~Jpan creation of or addition to a district
health department, the existing rules of the former
board or boards of health shall continue in effect
until amended or repealed by the district board of
health. X1957, c.1357, s.1;1989, c. 719, s, ~;1971, c.
Y75, s. 2; X973, c. 143, ss.1-4; c, 47fi, s.128;1975, c.
39G, s. 1; 1981, c. X38; c, 408; 1983, c. 891, s. ~,}
o~n~nolvs o~ A~rox ~~
ofDivisian of Public'~ansportation, North Carolina Department of
'I~~ansportation, 55 N.C.A.C. 76 (1986.
1~OAF37, District board of health,
~a} A district board of health shall be the policy-
making, rule•making and adjudicatory body fax a
district health department and shall be compared of
15 members; provided, a district board ofhealth ~.ay
be increased up to a maximum number of 18 ~nem-
bers by agreement of the boards of aunty commis
sinners in all counties that comprise the district.'f'he
agreement shall be evidenced by concurrent reso~u-
tions adopted by the a~`ected boards of county com~
missionexs. .
fib) 7'he county board of cammiss~aners of each
county in, the district shall appoint one county com-
missioner Lathe district board of health. The county
commissioner members of the district board of
health shall appoint the other members of the board,
including at least one physician licensed to practice
medicine in this State, ore licensed dentist, one
licensed optometrist, one licensed veterir~ariari, one
registered nurse, one licensed pharmacist, and one
professional engineer. The composition of the board
shall reasonably reflect the population makeup of
the entire district and provide equitable district
wide representation. All members shall be residents
of the district. if there xs not a licensed physician, a
licensed dentist, a licensed aptan~etrist, a Iicei~sed
veterinarian, a registered nurse, a licensed pharma-
cist, or a professional engineer available far appoint-
ment, an additional representative of the general
public shall be appointed. If however, one of the
designated professions has only one persaz~ residing
in the district, the county commissioner members
sha11 have the option of appointing that person or a
member of the general public,
(c} ~~cept as provided in this subsection, mem-
bers of a district board ofhealth shall serve terms of
three years.'I~vo of the original members shall serve
terms of one year and two of the original members
shall serve terms of two years. No member shall
serve mare than three consecutive three year terms
unless the member is the only person residing in the
district who represents one of the professions desig-
nated in subsection fib} of th1s SeCtian, County corn-
rnissianer members shall serve only as long as the
rne~paber is a county com,missionex, when a represen-
tative of the general public is appointed due to the
unavailability of a licensed physician, a licensed
dentist, a licensed optometrist, a licensed veteirinax-
ian, aregistered nurse, a licensed pharmacist, yr a
professional engineer that ~aember shall serve only
until a licensed physician, a licensed dentist, a
rt, - licensed optometrist, a licensed veterinarian, a reg-
Department Au#~a~i~ed to Qperate Pu>bl~c Transpo
s-Camden-Chowan District Health De- istered nurse, a licensed pharmacist, or ~ pro ~~:
The Paquatank-Perquiman .
e autharit to operate public transit on a fare s~onal engineer becomes available for appointme
partwent has th Y
a 'n basis, without estab]ishrnent of a Transportation Authority, ~~ County conxmissianer members ~I1ay dppOlnt ~.
PY~g
Section G2y2~9 ia](1} specifically exempts politicalt libdl Coammisf member far less than athree-year term to ac eve a
this State from regulation by thneral tQ Mr, Davidd )). King, Director staggered term structure.
Sinn. See opinion of Attorney Ge
Operating Procedures
New Hanover Coanty Board of Health
1. Name and ~~fice,
name of this or anizat1on is the Neer ~anaver Jaunty Beard of Health thereinafter
The ~ ~~
~` oard" , The rinci office of the Board is located at 2a~9 auth 17 street,
~ ~ ~ ~
iln~ington, ~Iarth Carolina.
~. ~ffi~ers and ornrnxttees.
a. chair and Vicc~ha~r
Baard rr~en~bers shall elect a chair and ~1ce-hair by plurality vote each year at the
The
December meeting.
b, secretary
ealth director shall serve a.s secretary to the Baard, but helshe is not a member of
The h
d. The health director rya delegate the duties of the Secretary that aye set forth
the Baar Y
in these o eratin racedures to an appropriate health department en~playee.
p gP
c, Standing committees
The Baard shall have the following standing eomrnittees:
Executive ammittee:
ction l . The officers of the Baard of I~ealth and three Baard members appointed
e .
hair shall constitute the Executive omrri~ttee. It ~s the practice of the Baard of
by the
ealth to include the ~n~mediate Past-hair as one of the threw appointed members,
H
unless lae~he is no longer a member.
ection ~. The ~~ecut~ve arnrnitkee shall have general supervision of the affairs of
e Board of Health betv~een its regular meetings. The executive amn~ittee shall be
th .
'ect to the orders of the Board of Health and Wane of its acts shall conflict with action
subs
n b the Board of Health. ~ct~on taken by the Executive omn~ittee shall be
take ~
reported to the Board of Health far ratio cation.
Section 3. The chair may call special meetings of the Executive om.rnittee.
Board of Commissioners Meeting
08/04/2008
4-1-4
~nvlronmental Health vm,~lttee:
it shall a aint an nviran~mental Health Corr~mittee composed of five members
The Cha pp .
It shall be the dut of this committee to act ~~ an advisor t~ the hoard of
~n January. ~
I~ealth wlth respect to envlranmental 17ealth natters.
~erso~al Health omittee; ,
air shall Dint a Personal IJealth Comnr~ittee composed of five members ~n
The Ch p~ .
hall be the dut of this cQm.ittee to act ~ an advisor to the Board of I~ealth
January. It ~ ~
with res ect to health prornotior~ and disease prevention maters.
p
Aninaai antrol services Advisory ~o~nmittee:
' al o~atrol services Advisory Committee shall be cornpased of rne~nbers
An Anima
' d b the hoard of Health as set forth under Section 3w2 of the dew ~nover
appointe y
~. ll~ernbers will include, but rat be limited to, interested citizens, and
Co~~ty Cod
entin anlrna~ cane, welfare oz s1n~~lar organizations, It shall be the duty of
persons repres g
' eta act as an advisax to the Board a~ health with respect to ari~rnal control
this com~n~tte
matters.
Uther Committees:
' tandin ar s ecial, shall be appointed by the Chair to assist the Board of
Conamlttees, g p .
xecutive Committee. The Chair shall be an ex affic~a rnernber of all
Health ar ~
ees e~ce t the Nominating Comrrlittee, The Chair has na obl~gat~on to
camn~1tt p
. ' at co~nlttee meetln s and should not be counted 1n detern~ln~r~g ~f a quorum
paXtlC~pate
~ present.
' ees aye sub' ect to the North Carolina open meetings laws and shall comply
Ail comn~~tt ~
with the provisions of those laws.
. Meetings.
a. Regular IV~eetings.
shall hold a re ular meeting on the first Wednesday of each month. In the
The Board g
ular rneetin da is a legal holiday, the meeting shill be held on the nest
event a re g Y ~,
The n~eetin s shall be held at ~~~9 South 17 Street, wi~rningtan} North
~Vedr~esday. g
Carolina, or designated location, and shall begin at 8:0~ a,m.
~. Agenda.
to the hoard shall re are an agenda for each meeting. Any board member
The ecretary p p
' to lace an item of business on the agenda shall submit a request to the
who wishes p
least two workin da s before the meeting, For regular rr~eetings, the hoard
secretary at ~
s to the a erida or subtract items frarn the agenda by a rna~ arity vote. The
may add stern g
a s ecial ar erner envy meeting may be altered only ~f pi-~nitted by and in
agenda for p g
accordance with the forth Carolina open meetings laws.
2
Board of Commissioners Meeting
08/04/2008
4-1-5
arson n~a re oast that an item be placed nn the Board' agenda by submitting a
Any p y ~ ,
written re oast to the Secretary at least ten working days before the rneet~ng.
e. Presiding officer.
hair of the Board shall reside at Baard meetings ~f he o~ she rs present, ~f the chair
The ~ ~
' sent the dice-hair shall preside. If the chair and 5~ice~hair are both absent,
~s ab
er member deli Hated b n~aj ority vote of n~ernbers present at the meeting shall
anoth ~ y
1.
pre~1 1.~ r
d. Qunru~r.
' ri of the actual membership of the Board, excluding vacant seats, shall
Ama~oty
itute a uarum. A rrie~ber who has withdrawn from a meeting without being
coast ~ sent for
excused b a naa` arit vats of the remaining members shall be counted as pze
Y ~ ~ .
urposes of determining whether or Hat a quorum ~s present.
e. otln.
rd member shall be ermined to abstain from voting, by so indicating when the
Bach Baa ~
i taken. member must abstain from voting in cases involving conflicts of interest
votes
ned b North Carolina law. If a member has withdrawn frorr~ a meeting without
as defy y .. ,
' used b a n~a`orit vote of the rernalning n~ernbers, the member s vote shall be
being exc y J ~'
recorded as an abstention.
f, Minutes.
etar shall re are minutes of each Board meeting. copies of the minutes shall
The ecr y p p ,
available to each Board member before the next regular Board n~eeting, At each
be made
lar n~eetin the Board shall review the minutes of the previaus regular meeting as
regu g~
s ecial ar emer enc meetings that have occurred since the previaus regular
well as any p g ~ , .
}~ ' make an necess revisions, and approve the minutes as ar~g~nally drafted or
llle~t~n~~ y ~ ~ r Lli
vised. The ublic ma abtatn cQples of Baard meeting minutes at ~a29 South 17
as re p ~
street, wilm~ngton, North aral~na.
~. ~mer~dme~nts to operating ~racedu~~es.
eratin rocedures nay be amended t any regular meeting or at any properly
These op g p .
ecial meetin that includes amendment of the operat1ng procedures as one of the
called Sp g .
QS~~ Q~ the rneet~n ~ quorum ~]ut ~]~ present at the rrleeting ~t wla~ch
Stated pure ~
ants are discussed and approved, and any amendments rr~ust be approved by a
a~nendm
majority of the members present at the meeting.
Board of Commissioners Meeting
08/04/2008
4-1-6
~. ether Procedural ll~a~~e~rs,
The Board shall refer to the current edition of Robert's ~4~~es of order ew~y R~v~sed
~~~ to a~ser procedural questions not addressed in this document, so long as the
procedures prescribed in ~~~ do not conflict with Forth Carolina lair.
~. omplYance with forth arvllr~a ~a~v.
In conducting its business, the Board sha~1 comply with all applicable North Carolina
laws, including but not limited to open meetings laws, public records lames, and the laws
setting forth the powers and duties of local boards of health. Ta assist the Board in
carnpliance, the local health director shall maintain a current copy of relevant North
Carolina general statutes and male them available to Board members on request.
A~prav~d and adopted by the Nom Hanover County Board of Health on January 3, ~DD7.
Revised on ~`ebruary G, 2~~~.
r 4~~~~4~~e~~~~~r
a~~~~ ~1 !~~ ~` ~~f ~~
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Sandra ~~ ~~~~ ~I~FJ ~ t " , a
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~ ! ~ n v' '~y / s
hair, Nevi I~anaver bounty Board of Health ~ , ;wy~'y ~~~ ~ y '~
~ ~ ~ ~ `" r ~
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4 1
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f ~~~ ~~ ~ ~~~,q"~~~~
~a~rid ~. Rice,1VIPHy MA
secretary, New Hanover County Board of Health
4
Board of Commissioners Meeting
08/04/2008
4-1-7
NEB I~ANER COUNTY BOARD ~~ OMI1~IO1~TE~
A~s~r~~~y ~oor~, e~ l~ar~o~e~ o~cr~~~ ~i~~t~~i~ o~r~ho~cs~
~,~ov~~ ~~ 2~ or~h ~'~~ird street, ~oorr~ 0 ~
~~ f f
~, ~ ~~ z~rri~r~~or~, ~
+,
~ ~ '~ R~BEHT G. GREEK, CHAIRMAN • 1NILLIAM A. CATER, ~11CE-CHAIRMAN
~' ~ TED DAMS, JR., COMMI~IONER • UVItLIAM A. I{DPP, ,~R., CQMMISIGNER • NANCY M. PRITCMETT, C4MMISSIQNER
•~
~~- iM~OFxP~14 s ~ SRUC£ S. 5HEL~, COUNTY MANAGER ` 1NANDA C~PLEI`, COUNTY ATTORNEY ' SI~EiLA SCMU~T, CLERKTD THE BOARD
.. ~ ~ _~
June 19, ~~~~ 9;40 ~.m.
MEETING CALLED TO ORDER (Chairman Robert G. Greer)
INVOCATION
PLEDGE OF ALLEGIANCE
APPROVAL OF CONSENT AGENDA
ESTIMATED STEMS OF BUSINESS
TIMES
9:10 a.rrl. 1. Presentation of Nev~T Hanover Coun Service Av~~ards
x:15 a.rn, ~. Reca~nition ofNow Em~la~ees
9:20 a.m. 3. Presentation of Ce~if~cate of Achievement for Excellence in Financial
Repartin~ to the Finance Deparhnont for the ~5` Consecutive Year
9;~,~ a~rn. ~. Presentation afComrnunity child Protection Team ~CCP~'}„Annual Report
9:35 a,m. Consideration of Pascal Year 20D-20[]7 Budget Ordinance far Nevv Hanauer
~Cauni~ alld the F1re Service ~1StrICt
1~:~5 a.rn. G. Public Hearing Concemin~ dater and Suer Consolidation and Ada tp ion of
Su or~n Resolution
14:5 a,m. 7. Corideration of Applica~on for 2~0~ SAFER grant by _Fire Services
10:35 a.m. 8. Presentation of Smith creek Drain e Pro~ect
10;55 a.m. Break
11:05 a.m. 9, Carnittee Appointments
11:20 a.,m. 10. Meetin of tl~e dater and Suer District
1:~0 p.m. 11. Non-Agenda lterr~s limit three rriinutes}
1:05 p.rn 12. Additions Items
Count; Manager
Commissioners
Clerk to the Board
County Attorney
1;15 p.m ADJOURN
Papa
Na.
81
S
85
87
91
~~5
117
121
1~3
157
Board of Commissioners Meeting
08/04/2008
4-1-8
1VIEETIN~ ~F TAE WATER AND E'ER DISTRICT
ASSEMBLY R~I~1VI, NEVV ~ANI~VER RUNTY HIT~R1' CI~URTH~USE
~4 NORTH THIRD STREET, RI~I~14~ 3U1
~VIE~VIINTON, N
~TINIATED 1TElVl~ ~F BI~IN>~ tae
T1MES ~~.
1 ~ : 2~ ~. m. 1. Note-Agenda Items limit tree n~inutes~
11:5 a,rr~, ~. A~~ro~a1 of 1Vlinutes 159
11:34 a.m. 3. onszderatYOn of Fiscal Year ~,~U~-z~~7 Budget ordinances far th~__~le~ 1G1
Hano~~er County dater and e~~er District
11:45 a,m. 4. Update Presentation on dater S~~te Bnhancemer~ts Pra,~r~,m 1~5
11;55 a.m. 5. ~ans1deratlan of Re uest to ~eoel~re Bids for Porters Necl~ Area 17
lntercannectar mater lane
1~:4D p.m. 6. ~ansideration cf Request for District Participation in Scotts Hill Villa~ater 17~
Line E~tensiQn and Appro~~a1 of Associated Budget Amendment BUD-~~~
1:45 p,m. L~r~ch .~r~eak
12,:35 p.m. ~. ConsideratYon of Funding for Wetlands Permitting I~ecessa~for Dries 18X
dater Plant and dell Fier Pro'ect and A royal of Associated Bud et
Amendment 2~0~- ~ 48
12:45 p,m. 8, Erner~ency, enerat~r Presentation 1 ~
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.
2
Board of Commissioners Meeting
08/04/2008
4-1-9
CO~IENT A~~NDA
1~~ HA>~I~~ER ~UI~TY BARD 0~' C~~VII~'III~~iER
~T>~11~5 ~F B~JI~E Pa.e
No.
1. A raval of Minutes ~
2. A naval of A~~rard of Contract [)~-4Z7 far Disaster Delaris Removal 7
Approval of Fire Code Enforcement Contracts Between I~e~~f Hanover County Fire Services and 11
~e To~~~n of ri hts~i~le Bea.~h and the Town of lure Beach
4. A ro~Fal of Terms of office far the Ncul Hanover County Board of Health 1 "'"
~. Appro~ral of a Crrt Application to the Landfall Foundation by die Health Department 2~1
G. Appro~ral of Application far E-Rate Discounts for the Ne~~v Hanover County Public Libra~F 2?
7. A naval of Museum Dea,ccessians 2~
~. Approval of Capital Project ordinance for the Community De~~elopment Black grant Pro~am,
CDB scattered ~lt~ ~Iou51n Aro ram #~, Cxrant #04-~-1250
Appra~ral of Clean 'dater Manae~nent Trust Fund grant for Pra~erty Acquisition
-- 37
10. Appro~ral of Request by the sheriff ~ Qf~ice to ~~p]~r for a Cape Fear Memorial Founda~on 49
grant
~ 7 , A royal of New Hanauer County and Ne~~= Hanauer Caunt~ Fire District Tai Collection 51
R, eports
12. A royal of Release of Tai Ya~ue SS
13. Approtral to Budget End of Year Adjustments and Associ aced Budget Amendrner~ts -4229, 57
0~-4235 O-~23G, -4247.0-0249
Approvai of Budget Amendments.
74.1 ~~-~~~~ QCIa~ ~~riC~s ~~
14,2 4~-224 Ju~Tenile Da Treatment Center ~~
14.3 ~G-~~30 Criminal Justice l~artnershi Pro ~'am ~~
14.4 ~b-02~ 1 Coo erative Extension Service 71
14.5 OG-~~~ Parks 73
l4. G 0~-252 Ain 75
~ ~. ~ 2oa~-~~ ~~riff ~~
3
Board of Commissioners Meeting
08/04/2008
4-1-10
NSW HA1~avER COUNTY BOARD OF C01v1mISS1aNER BOOK ~~
REGULAR MEETING, JUNE 19, x!1(16 PAGE 6211
Bud et Amendment # 06-0221- 3uuenile Dau Treatment Center
qd'u~ stit~en# Debit credit
Juvenile i~ay~ Treatment CenterfNHC Scl~aals;
Contributions X2,1 ~~
uppl~e5 X2,1 ~2
E~pltu~tion: Ta budget addition~~l funds received frolrE Ne~~~ Ha.no~~er Count~i Schools.
Budget Amendment # (1fi-(l23(l - Criminal Justice P{rrtnership Proms
Adiusttr~cnt Debit Credit
Criminal Justice 1'artnerslup Program Grant $1,6G~
Travel and Traiivi~g ~ 2G4
Supplies ~ 1,400
Explanation: To increase budget far $1,G6~ in reallocated funds a~~~arded to Ne~~ Hanauer Count~~.
Bud et Amendment # Oh-023 ! -Coo erative E~tensian er~~ices
Ad~u...~ment Dcbi~ Credit
Arbaretuin Foundation Contribution $11,841
AbilitSr Garden Ser~fices ~ 11.8 1
Erpl~~tion: To budget a cont.ributian from the Arboretum Foundation for additional services in the Abilit~~
Garden.
Budget A~rrcn~inent # OG~0233 -- Parks
Adjustment Debit Credit
Beach Access Grant $2~.2~0
Capital Outla~r- Other impro~rcments X24,2.50
E~plau~ation. To correct Budget Amendment #QG-0164; the County's cash match ~~+as incorrectly budgeted as grant
revenue.
Bud et Arnend~nent # UG-i}252- Re artn~ent of A in
Ad'ul stment Debit. Credit
AgingVF:
Contributions $2.920
Training and Travel X2.000
Supplies ~ `~~~
E~gl~nation: To budget additional funds recei~~ed on lvfarcl~ ~ 1, 2006.
Budget Amendment #.20(16-9~
AdJustment Debit Credit
Federal Forfeited Prapert~':
Federal Forfeited Prapert~' ~1G,375
Miscellaneous revenue ~ 9,400
Supplies $16.375
Capital Outlay -Motor Velvcles ~ 9.400
E~planatiar~: To budget $1G.37S of additional revenue received an Ma}~ 11, 2006 and $9.40{l o~"insurancc proceeds
for ~ totaled ~~elucle.
DISCUS~lO1V OI~ CONSENT AGENDA 1TEM 4 ~ APPROVAL OF THREE THREE-SEAR TERMS FOR
THE NEW HANOVER COUNTY BOARJJ OF I~EALTH MEMBERS
Hcaith Director David Riee clarihcd that the Board of Healti~ Ad~~isar~ Board is requesting the Board
approve an additional three-year tarn for Nev~~ Nanav~er Counh~ Board of l-iealtl~ ~t~cmbers. Public Health La~~'s of
North Carolina General Statute 130A-3~ allo~~'s for three three-wear terms far Counter Board of Health menrbcrs.
Tl~e request is based an the cotnple~ity of the Health Deparlmcnt's progalns and serr~~ices. If approved, the Board
of Cammi~sianers ti~7111~a~~e tl~e autl7arit4' to grant t13e additional third teen.
Board of Commissioners Meeting
08/04/2008
4-1-ll
NEVV HANOVER COUNTY BOARD OF COMIVIISSIONERS BOUI{ 30
REGULAR MEETING, JUNE 1~, 211(16 PAGE f 21
Chairnuu~ Greer called for a vote on Consent Agenda Item =1 to appro~fe an additional three-~~ear tenor far
tl~e Ne~v Hano~'er Cot~nh~ Board of Health ,nembers.
Upon vote, the MOTION FAILED 4 TO 1. Cl~ainman Greer. Vice-Cl~ainman Caster, Camrnissianer Davis
a~ld Colmnis5ioner Kopp voted in opposition.
ItEGCIEAR ITEMS
PRESENTA'FlON OF NEW HANOVEIt COUNTY SERVICE AWARDS
Count~T M~mager Shell requested the follo~}'ing emplorrees to step fon~'ard to receive Ser~Fice aly~ards:
Five Ycar: Mitchell 13. Marlow - 5licriil''s OfCrce
Fifteen Year: Yolanda M. Fon~~ille - Librar4~
T~vent~~-tiv°c Year: Elizabeth B. Patter -Tax Department
On behalf of tl~e Board, Cl~air~r~an Greer presented a service a~-+ard to eacl- employee, expressed
appreciation and thanked them for their dedicated years of service.
RECOGNITION OF NEW EMPLOYEES
County Manager Shell rcgracstcd tl~e folio;ving new emplo4'ces to stand and be introduced:
And~~ Johnson - Airlie Crardens
Judo' Seedorf -Budget Department
Lena Butler -Finance Department
Debi Cook -dater and Sewer Finance
Micllael Wlut~~'am - Flf~ Ser~'iCe5
Keller Honeycutt -Health Department
Brooke Hudson - 5heri~5 Oflicc
Daniel lCinnev -Social 5errices
Patricia Aguilera -Social Ser~~ices
Ila Strickland -Social Services
robin Ho~~7ard -Clark -Social Scr4Fices
Mario Carlton - Tao Department
Qn bcl~alf of the Board, Chairman Greer ~~~elcomed the new cn7ployees to Count~~ Goverrunent and ~~'ished
them success in tlacir ne~v positions.
PRESENTATION OF CERTIFICATE OF ACHIE"~EMENT FOIL EXCELLENCE IN IYNANCYAL
REPORTING TO THE FINANCE DEPARTMENT'
Finance Director Avril Pinder reported that the Certificate of Acl~ie4vement for Excellence in Financial
Reporting is presented b~ tl~e Goy°ernment Finance Gfficers Association of the United States and Canada to
government units and public cmplo4~ce retirement systems Whose comprehensive annual Iinanciial reports acllievre
tllc l~iglzest standards in gav~ernrncnt accounting and ftr~ancial reporting and recognized the Finance Department
Stab:
Gn behalf of the Board, Chairman Greer presented the au~ard to Finance Director Avril Pinder and Staff
and complimented the Finance Department and its emplo~'ecs for receiving this outstanding accomplishment. for 25
years.
PRESENTATION OF CO1VrMUNITY CHILD PROTECTION TEAIVI ANNUAL REPORT
Director of Neu' Hanover Count' Dcpa.rttnent of Social Scnrices LaVaughn Nesmith reported that die
Canmttunily Child Protection Teaiu is an interdisciplinar4~ group of cam~munity~ rcprescntativcs ~vl~o moot ~~~cckly~ to
rctiric~v actii~~e cases of child abuse. He requested V~anda Marina, Assistant Director, New Hanover County
Department of Social Sen'ices, present the report.
Ms. Marino reported that tl~e Community Child Protection Team was established in compliance with North
Carolina General Statute 7B 106 to promote a communit~~-u~ide approach to the problem of child abuse and
neglect. It i5 not a Department of Social Senrice5 team. Tixe team also promotes child safety through community
education and by alerting legislative officials about the need for cha~iges in la~vs andlor policies. In addition to the
members mandated b~' lau~, up to Svc additiol~l members ima~, be appointed by~ the Board of Count~~
CotnYnissioners~
Ms. Marino requested that. die Board accept tjtie Conununit~' Child Protection Team report including the list
of names to be appointed.
On behalf of the Board, Chairman Greer thanked 11115, Marino for the presentation of the Community' Child
Protection Team report. and requested a motion from the Board.
Motion: Vice-Chairman Caster 1u10VED; SECQNDED by Commissioner Pritchett, to accept doe ComInunit}~~ Child
Protection Team report including the list of names to be appointed, Upon vote. the MOTI03~ CARRIED
UNANIMOUSLY,
Board of Commissioners Meeting
08/04/2008
4-1-12
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
CONSENT
ITEM: 5
DEPARTMENT: Health PRESENTER(S): Janet McCumbee, Personal Health Servcies
Manager
CONTACT(S): Janet McCumbee
SUBJECT:
Approval of New Hanover County Child Fatality Prevention Team 2007 Summary
BRIEF SUMMARY:
The New Hanover County Child Fatality Prevention Team (NHC CFPT) is a group comprised of community
representatives from diverse agencies and disciplines, currently with 19 members. Members are appointed
by their agency board or the New Hanover County County Board of Commissioners, per state
legislation. The mission of the NHC CFPT is to promote the development of a community wide approach to
understanding the causes of childhood fatalities, identify the deficiencies in public services to children and
families, and to make and carry out recommendations for change to prevent future childhood deaths. The
NHC CFPT meets on a quarterly basis.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Reporting purposes only as required by state legislation.
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
ATTACHMENTS:
NHC Child Fatality Prevention Team 2007 Summary
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
08/04/2008
5-0
rf ~.~~, `
r. ~:~ ~~,
- ~~, ~-~
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~4~ .` i~~~ir
NEW HANOVER COUNTY
Child Fatality Prevention Team 2007 Summary
Presented to the Board of Health July 2008
~oyc at , ~
CFP evi~w aord~nator
f
~ r Grundy, BMW
CFF~' R~vi~w GoQrdinator
~ ~ cumbee~ R~, B5N
~ersan Heath Services N~an~ger
id ~. Rice, PH, MA
Hea~~i Director
~8 20 OS
D to
~ Z4' o~d
Date
~C av v~
Date
Date
Your
~~alth
~r~or~ty
4
~+
Board of Commissioners Meeting
08/04/2008
5-1-1
I. INT~]DIJ~'I~N
The New Hanover ~ount~ child Fatality Prevention Team ~~ FPT} ~ a group
comprised of camrnu~it~r representatives from divezse agencies and disciplines currently
with 19 rrie~nbers. ~iernbers are appointed b~ their agency board ar New Hanover
our~ty hoard of omisioners; per state legislation. The mission of the NFI~ F'PT ~~
to promote the develapme~t of a comrr~ur~ity wide appraaeh to understanding the causes
of childhood fatalities, identify e deficiencies in public services to children and
families, and to make and carr-~ out recor~endatians far charge to prevent future
childhood deaths. The NHS FpT meets on a quarterly basis.
II. 2~0~7 ~II~D I]~ATH REV~~
During ~~a~', the team reviewed ~2 deaths that occurred in ~o~, The fallowing chart
explains the different causes of the cluld deaths reviewed ~n New Hanover ~ount~r.
1 ~ ~ 1 ~ F ~ } F ~ # • ~ ~ a 4 1
~Qr~, ~tC~tl~ns fr0~13 ~~eIa~.~'it~
~
Accidental 3
,.
Su~ctde~ ~
e~.e~ic Disorders 4
~ther ~d1C~~ ~OI1d1t10ns ~
~ ~
~~t~~ ~~
III, PI~~~L~IVI IIIENTI~'IEDI~E~NIENDATI~N IATI~N TAKEN
1. PI~~LF~: Several deaths were not reported to Department of Sacial services a.s
required or were riot reported ire a t~rnel~ manner far lnvest~gatrve purposes,
~:~~l1~F~NDATION: For county entities to follow current protocal for natif~cation,
ACTIN TARN; The Assistant Dlrectar of Social Services met with many cornrnunity
organizations' .embers to reiterate the protocol and stress the inr~portance of not~ficat~on
to Sac~a1 Services.
~. ' PR~BLF~iV1: The New Hanover bounty I~ealth Department is not being notified of all
SIDS deaths,
~~C~11~F~NDATIDN; To work with local medical e~cam~ners to report ID deaths
to the trained SIDS counselor at the health Department for follow up with farrlilies per
state guy a Ines.
1-~ealtl~y Peo~ie, Heatt~y Environment, >~~althy Cornm~niry"
Board of Commissioners Meeting
08/04/2008
5-1-2
ACTION: contact made by letter and phone call to the bounty Medical Examiner to
review the protocol for notification.
PRO~I~F~: Auto lies are not being cfln~pleted on all deceased children by ~ Pathologist
p
who has additional trainin certlficat~on 1n Ped1atnc Pathology. This is the standard of
care in many states.
REOMMENDATI~N: That child autopsies be carr~pleted by a Pediatric Pathologist,
CTI~N: The FPT uarter~y Report to the State office included a recommendation for
A ,
Pediatric Patholo 'sts to complete the autopsies. This was also recamnaended ~n the State
. ~ .
Review R ort and the Annual Report which were submitted to the state Fatality Task
. a
Farce. A letter was written by team physician and submitted to the Mate Program
coordinator.
4. PR~BLEIVI: Inaccuracies in recording cause of death far the State tenter for Health
Statistics. Inaccurate information skews data and changes the overall picture,
OIVIMF~NDATI~N: To include more information on the cause of death as listed on
the death certificate. create consistent reporting across the state,
ACTIONS: A letter drafted by the team physician was sent to the Mate Review
coordinator with s ecifrc examples of inaccurate and incomplete information listed a.s
p
the cause of death, Recommendations were also included in the quarterly report to the
State.
Iv. ,AI]DITI~~A~., A~TIV~'T~E
• The Team Review vordinator} DSO Director, D Assistant Director, DSS
Su er~isor, and one Registered Nurse from New Hanover Regional Medical
p
tenter attended a FPT tatewlde conference m Ohapel Hill, North aroX~na.
• NHS OFPT was chosen as a pilot county to test online quarterly reporting to the
State. Two members attended training in Raleigh to practice the software while
also rovidin feedback far improvement. Now ail 1 ~~ counties care online for the
p g
~~~~ annual FPT report to the state,
• Three team members gave a presentation at the local child watch Forum titled
"~S~~thir~ ~aren~s: ~~evertti~ ,S~Zaken ~a~y Synd~o~ ".
~ Merrrber of the Team participated in two local Mate Fatality Reviews. A State
Review is conducted when the family has been involved with the Department of
Social Services ADS}before the death.
Healthy People, Healthy Environment, Healthy Commur~ty°'
Board of Commissioners Meeting
08/04/2008
5-1-3
• The local review oardinatar met with detective from the aralina Beach
Police department in an effort to complete a thorough review an one case,
• The team physician investigated building codes for private residencies and
reported this infor.atian back to the team for a better understanding of one
accident.
• A team member researched current services regarding bereavement counseling
within the school system to ensure support fallowing suicide.
r The N~ FPT receives a small a~naunt of funds annually from the Department
of Health and ~un~a~a Services ~D~~S}, During the ~~0~-2~~7 review year,
funds were used to purchase car seats that are distributed through the dew
Hanover ou~nty health Department, Funding was alsa used for transportation to
the two out-af town trainins.
'V. ~~L~I~N
The New Hanover bounty child Fatality Team continues to work to improve
participation of its members and invite persons related to investigations of child deaths to
be a part of the review process, Attendance has been steady, and members are sharing
agency ir~formatiot~ with the coordinator prior to the reviews when they are unable to
attend. The team bas worked diligently to obtain and review needed records and work
collaboratively in the process of the actual review of each child death, ovals far nest
year include: ~ ~ to improve the team's ability to identify system prable~ns surrounding
gild deaths and ~} to enhance the can~unicativn between local FPT and State Fatality
Task Farce.
Healthy People, Healthy Environment, Healthy ~~mmut~ty"
Board of Commissioners Meeting
08/04/2008
5-1-4
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
CONSENT
ITEM: 6
DEPARTMENT: Budget PRESENTER(S): Cam Griffin
CONTACT(S): Cam Griffin
SUBJECT:
Acceptance of FY 08-09 New Hanover County Board of Education Budget Resolution
BRIEF SUMMARY:
Please find attached for your review the FY08-09 Board of Education Budget Resolution.
The New Hanover County funding for operations in the Board of Education Budget Resolution agrees with
the FY08-09 Adopted Budget.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
No action is necessary.
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
ATTACHMENTS:
BOE FY 08-09 Budget Resolution
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Acknowledge the resolution.
COMMISSIONERS' ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
08/04/2008
6-0
v
~~~~
New Hanover Caunt Schools
Y
Great Expectations. Every School, Every Chitd.
DR. ALFRED H. LERCH, JR.
Superinfendenf
MEMORANDUM
T~: Avril Pinder
FRoM: Mary Hazel Small
DATE; July 8, 2008
~: 2UU8/2009 Budget Resolution
ce: Cam Crriffin
Dr. Alfred H. Lerch, Jr.
MARY HAZEL M. SMALL, CPA
Chief Financial Offrcer
Attached is the New Hanover County Schools Board approved 2008/200 Bud et Re
g solution.
www. NHCS.net • 6410 Carolina Beach Road • lNilmingtan, NC 28412 • 910-254-4252 • Fax 91 ~-254-4295 • ms
mall a~nhcs.net
Board of Commissioners Meeting
08/04/2008
6-1-1
APPENDIX F
NEW HANOVER COUNTY
BOARD OF EDUCATION
Finance ,
July 7, 2008
Subject;
200812009 Budget Resoiution
See attached Budget Summary for recommended additions
Staff Members) Present:
Chief Financial Officer
Recommendation:
Approval--July 1, 2048
Board of Commissioners Meeting
08/04/2008
6-1-2
NEUV HANOVER COUNTY BOARD OF EDUCATION
2008-2009 BUDGET RESOLUTION
BE IT RESOLVED by the Board of Education of the New Hanover County School Administrative Unit:
Section 1. The following amounts are hereby appropriated for the operation of the school
administrative unit for the fiscal year beginning July 1, 2008 and ending June 30, 2009:
STATE PUBLIC SCHOOL FUND
Instructional Services 108 255 484
System-VlJide Support Services 10,496,977
Ancillary Services ~ 79,000
Total State Public School Fund
GENERAL FUND
Instructional Services
System-1JVide Support Services
Ancillary Services
Nonprogram Charges
Total Local Current Expense Fund
FEDERAL GRANTS FUND
Instructional Services
System-Wide Support Services
Nonprogram Charges
Total Federal Grant Fund
CAPITAL OUTLAY
ENTERPRISE FUND
System-Wide Support Services
PRIVATE PURPOSE TRUST FUND
Instructional Services
LOCAL PENSION TRUST FUND
System-Wide Support Services
GRAND TOTAL
118,931,461
36, 726, 892
36,308,562
65,315
982,878
-~
74,083,647
10,498, 575
610,038
501, 025
11,609,638
11, 328, 000
15,000
400, 000
216,367,74fi
Board of Commissioners Meeting
08/04/2008
6-1-3
NEW HANOVER COUNTY BOARD OF EDUCATION
2008-2009 BUDGET RESOLUTION
Section 2. The following revenues are estimated to be available for the fiscal year beginning July 1, 2008
and ending June 30, 2009:
STATE PUBLIC SCHOOL FUND
State of North Carolina 118,931,461
GENERAL FUND
New Hanover County 65,737,804
State Sources 2,589,840
Federal Sources 220,000
Fund Balance Appropriation 2,000,000
Other Revenues 3,536,003
Total Local Current Expense Fund 74,083,647
FEDERAL GRANTS FUND
Federal Sources 11,609,638
CAPITAL OUTLAY
ENTERPRISE FUND
Food Sales 5,873,000
Federal Sources 5,115,000
Appropriated Retained Earnings 220,000
Other Revenues 120,000
Total Enterprise Fund 11,328,000
PRIVATE PURPOSE TRUST FUND
Fund Balance Appropriation 15,000
LOCAL PENSION TRUST FUND
Fund Balance Appropriation 200,000
Other Revenues 200,000
GRAND TOTAL 216,367,746
Board of Commissioners Meeting
08/04/2008
6-1-4
NEW HANOVER COUNTY BOARD OF EDUCATION
2008-2009 BUDGET RESOLUTION
Section 3, All appropriations shall be paid first from revenues restricted as to use and second! from
genera! unrestricted revenues. y
Section 4. The Superintendent's transfer authority is found in Policy 3140.
Section 3. This resolution shall be entered into the minutes of the Board of Education and within fiv
days after adoption, copies thereof shall be filed with the Superintendent, the School Chief Fi e
Ofi•rcer and the County Finance officer. nancial
,,.M-v
Adopted this day of 20Og
Chairman -
NewHanover County Board of Educ tion
Board of Commissioners Meeting
08/04/2008
6-1-5
New Hanover County Schools
Summary of Budget khan es
g
Opera#ing:
General Fund:
County Appropriation
Fund Balance Appropriation
Other Local Revenues
State Sources in Local
Federal Sources in Local
Subtotal General Fund
State Grants Fund
Federal Grants Fund
Subtotal Operating Funds
Ofher Funds:
Capital Outlay Fund
Child Nutrition Fund
Trust Fund
Pension Fund
2007.08 Beginning Increase ,2008.09 Beginning
Budget (Decrease) Budget Increase
63,823,111 1,914,696 65,737,807 3%
2,ooo,oao - 2,ooo,aoo o%
3,869,048 (333,048} 3,536,000 -g%
2,835,929 (246,089} 2,589,840 -9%
218,919 1081 220,000 0°l°
72,747,007 1,336,640 74,083,647 1.8%
112,672,5$8 6,258,873 _118,931,461 6%
11,464,539 145,099 11,609,638 1 %
196,884,134 7,740,612 204,624,746 3,9%
6,435,811 (6,435,811) - -100%
11,715,150 {387,150) 11,328,000 -3%
15, 000 - 15, 000 0%
Subtotal Other Funds 46,000 354,000 400,000 770%
$ 18,211,961 $ (6,468,961) $ 11,143,000. •35.5°
/~
Tota t $ 215 096 095
$ 1,271,651 $ 216,367,146 0,6%
Note; The 2008.09 Budget Book will be printed and distributed in Jui aft
y er the Budget Resolution is adopted,
Board of Commissioners Meeting
08/04/2008
6-1-6
New Hanover County Schools
Summary of Local Changes (Per County Appropriation)
2008-09
High; Priority,Recom em ceded
Purpose Budget Cade Justification ~Caun#y :
Re
s# Budge
que
~ ~ J
r
Revised toHouse Recommendations: ------
Teachers -Step + Flat Inc of $470 ~avg of 3°/°);
School Admin -Step + Flat Inc (avg of 2.69°/°y;
Salary increases Other State Employees - Greater of $1,100 or
Salary increases various 2.75°/° budgeted at 5°/°J
2,083,000
1
795
000
Increase Rafe from 7.83°/o to 8.14% -NEW ,
,
- 125,000
1 step for every 2 years of verified outside work
experience directly related to position.
Salary Increases Implemented far Maintenance in 2006-01J.
various (Eliminated tlue to tack of fundin
9)
480,000
_
Salary~lncreases 12°/° Supplement (rather Phan 8%J far High Priority
Salary Increases Total Schools (Eliminated tlue #o lack of fundin
g)
830,000
-
3,393,000 1,920,000
,Alternative Instructional Services 2.5310.069.311.000.903 To continue contract with CIS for Pro ram Eas
g y
'Alternative Instructional Services Total 60,000 60,000
60,000 60,000
Athletics Adding Middle School Lacrosse Game Workers,
see detail below Officials, Equipment Repairs, and Tran ortation
p J
10,200 10,200
Athletics Cast increases for game workers, officials, repairs,
Athletics Total see detail below pool rental, transportation,and su lies
pp
40,700
40,700
50,900 50,900
Health Services 2.5840.895.411.000,903 AED replacement Supplies far School Defibrillator
s
Health Services Total 14,000 14,000
Maintenance Services
Retention pond repairs that are over and above 14,000 14,000
2.6580.802.325.000.931 normal annual spending.
Maintenance Services Tota! 55,000 55,000
55,000 55,000
Operations Rental of the Laney Wrestling Facility; funded with
O
erations T
t
l 2.6942.851.327.000.942 one-time dollars for 3 years; need to continu
a
16
000
p
o
a , 16,000
16,000 16,000
To increased TLN Dues. Addional increase travel
'ublic Rela#ians and Marketing expenses for technicans who service studio
2.6950.840.311.000.946 equipment.
4,600 4,600
TLN -Equipment continue to age, Switcher
audio
'
bli ,
board, and studio CO are approaching 10
ears of
u
c Relations and Marketing y
2.6950.840325.000.946 use.
5,000 S,OOD
'ublic Retatians and Marketing 2.6950.840.461.000.946 TLN -Hard Drive up rades
g
2,000 2,000
'ublic Relations and Marketing
' 2.6950.837.311.000,943 Educator of the Year ban uet
q
ublic Relations and Marketing Total 3,500 3,500
15,100 15,100
~egular Curricular Support Services To cover all student events and competitions
2.6110.859,332.000.908 including travel
lodging
re istratia
d
,eqular Curricular Suoport Services ,
,
n awar
9 s, etc.
2.6110.859.311.000.9Q8 Junior Achievement 10,000
~ n nnn 10,000
~ n nnn
Board of Commissioners Meeting
08/04/2008
6-1-7
New Hanover County Schools
Summary of Local Changes (Per County Appropriation)
2008-09
Purpose
Regular Curricular Support Services Total
Risk Management Services
Risk Management Services Total
Student Testing Services
Student Testing Services Tota!
Technology Services
Technology Services Total
Transportation Services
Transportation Services Total
Budget Code ~ Justification
Increase in Cost Estimate Provided by Anne Brown
with New Hanover County Risk Management
2.6613,009.232,000,000 ~Eiimated based an actual quote)
Implemenation of ClassScapes in all 39 schools
2.6710,890.411000,916 ($20,000,00} and CoGat materials ($1,000,00}
Charged with the administration of this vital data
2,6401.888.146,000,911 function and should be made a permanent position.
To cover increase in fuel costs (increased based
2,6550,056:423,000.923 on YTD Expenditures)
Budget Cuts:
Other Program Cuts:
Teacher Salaries -Formula Change
Professional Dev - Absorbed in Fed Grant
Instructional Supplies -Formula Change
Increase in County Appropriation for Operating
Board of Commissioners Meeting
08/04/2008
6-1-8
High Priority,
~C~ounty~~-~~ ~~
Request);;~
2o,ooa
1ao,o0o
100,000
21,000
21,000
69,000
69,000
60,000
60,000
3,874,000
2a,ooa
21,000
_____
21,000
_____.
69,000
69,000
300,000
300,000
2,541,000
(400,000)
(183,040}
(43,264}
1,914,696
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
CONSENT
ITEM: 7
DEPARTMENT: Budget PRESENTER(S): Cam Griffin
CONTACT(S): Cam Griffin
SUBJECT:
Adoption of Ordinance for Budget Amendment
BRIEF SUMMARY:
The following budget amendment amends the annual budget ordinance for the fiscal year ending June 30,
2008. This budget amendment transaction is for the quarter ending June 30, 2008.
2008-133 Finance/Planning
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of ordinance for the budget amendment listed in the summary above.
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
Explanation: To amend the annual budget ordinance for the fiscal year ending June 30, 2008.
ATTACHMENTS:
B/A 2008-133
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
08/04/2008
7-0
AGENDA: August 4, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-133
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 2008-133 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Scattered Site Housing-Grant 3
Department: Finance
Ex enditure: Decrease Increase
Ca ital Pro'ect Ex ense $1,785
Transfer to General Fund Plannin $1,785
Total $1,785 $1,785
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Planning
Ex enditure: Decrease Increase
Tem ora Salaries $1,658
FICA 127
Total $1,785
Revenue: Decrease Increase
Transfer from Ca ital Pro'ects-Scattered Site Housin $1,785
Total $1,785
Section 2: Explanation
This budget amendment is to transfer funds from Scattered Site Housing (Fund 390) into
Planning's budget for temporary salaries and FICA incurred by interns working on this project.
This is for quarter ending June 30, 2008.
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 2008-133, amending the
annual budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this day of , 2008
(SEAL)
ATTEST:
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/04/2008
7-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
CONSENT
ITEM: $
DEPARTMENT: Budget PRESENTER(S): Cam Griffin
CONTACT(S): Cam Griffin
SUBJECT:
Adoption of Ordinance for Budget Amendment
BRIEF SUMMARY:
The following budget amendment amends the annual budget ordinance for the fiscal year ending June 30,
2009.
09-005 - Sheriff s Office
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adoption of ordinance for the budget amendment listed in the summary above.
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
Explanation: To amend the annual budget ordinance for the fiscal year ending June 30, 2009.
ATTACHMENTS:
B/A 09-005
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
08/04/2008
8-0
AGENDA: August 4, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-005
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-005 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriff sOffice/Detectives
Ex enditure: Decrease Increase
Detectives:
Sala $33,832
FICA 2,588
Retirement -Local Government 1,654
Medical Insurance 8,813
LTD Insurance 95
Contracted Services 72,852
Cellular Ex ense 1,000
Su lies 8,500
Su lies - Com uter & Other 2,000
Em to ee Reimbursement 2,000
Non-De artmental:
Contin encies $25,000
Total $25,000 $133,334
Revenue: Decrease Increase
Detectives:
Governor's Crime Commission $100,001
Contribution from Cit of Wilmin ton 8,333
Total $108,334
Section 2: Explanation
To budget a Governor's Crime Commission (GCC) grant award for a Collaborative Gang Task Force Effort
Project. Total project budget is $133,334: $100,000.50 federal, with $33,333.50 local match shared as
follows: New Hanover County, $25,000, and City of Wilmington, $8,333. This is the first year award of a
two year grant. The full grant application was approved by the Board of Commissioners on April 21, 2008,
for submittal to the Governor's Crime Commission. The County's share of the local match requirement was
approved to be budgeted from General Fund Contingency funds.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-005, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this day of , 2008.
(SEAL)
ATTEST:
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/04/2008
8-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
REGULAR
ITEM: 9
DEPARTMENT: Governing Body PRESENTER(S): Chairman Greer
CONTACT(S): Sheila Schult
SUBJECT:
Consideration of Resolution naming Conference Room 601 of the County Government Center in
honor of Lucie F. Harrell, Retired Clerk to the Board
BRIEF SUMMARY:
The Board is requested to adopt the resolution to name Conference Room 601 in honor of Lucie Harrell, who
was the clerk to the board from December 1982 until April 1, 2004, when she retired.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Adopt resolution.
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
ATTACHMENTS:
Resolution Honoring Lucie F. Harrell
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Recommend approval.
COMMISSIONERS' ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
08/04/2008
9-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
Honoring of Lucie F. Harrell
Retired Clerk to the Board of County Commissioners
WHEREAS, Lucie Fryar Harrell was appointed Clerk to the New Hanover County Board of
Commissioners, December 6, 1982 and served honorably and devotedly until her retirement
April 1, 2004; and
WHEREAS, during her long career as Clerk to the Board, she wrote an historical account of
board meetings and filled eleven volumes of minute books of approximately 11,250 pages and
faithfully worked with twenty-one Commissioners and three County Managers; and
WHEREAS, in the office of the Clerk to the Board, she provided an essential link between the
citizens and county government as well as to other governmental agencies, exemplifying her
love and compassion for others; and
WHEREAS, Lucie F. Harrell served on the Board of Directors of the North Carolina Association
of County Clerks and served as its President in 1986-1987, and ardently mentored clerks in
their profession throughout the years; and
WHEREAS, Lucie F. Harrell was the first recipient of the Howard Holly Outstanding Clerk of
the Year Award for the State of North Carolina in 1987; and
WHEREAS, during her tenure as Clerk, she worked as an advocate for the elderly in nursing
homes and served as a member of the Elder Rights Planning Committee for the Raising Older
Adult Rights (R.O.A.R.) Project, an initiative of the North Carolina Division of Aging and Adult
Services in 1997-1998, and received special recognition from Elderhaus, Wilmington's Adult
Day Care Center, in 2000 for her professionalism; and
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners,
that Conference Room 601 of the New Hanover County Government Center be named in honor
of Lucie F. Harrell in special recognition of her exemplary dedication to New Hanover County
and its people.
ADOPTED, this the 4~ day of August, 2008.
Robert G. Greer, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/04/2008
9-1-1
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
REGULAR
ITEM: 10
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe
CONTACT(S): Chris O'Keefe
SUBJECT:
Public Hearing
Rezoning Request (Z-888, 7/08) -Request by Mike Nadeau for SENCA, LLC to Rezone 9.22 Acres in
the 9100 Block of North Market Street from R-15 Residential to B-2 Highway Business District in the
Transition Land Classification
BRIEF SUMMARY:
The Planning Board voted 3-3 on a motion to deny the request. No one from the public spoke on this item.
The change would allow for a broad range of commercial uses adjacent to the Pender County line and a
conditional 0&I district.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
NCGS 153A-341 requires that the governing board shall adopt a statement describing whether the action is
consistent with an adopted comprehensive plan and explaining why the board considers the action taken to
be reasonable and in the public interest.
Staff recommends
Motion to APPROVE the zoning map amendment from R-1 S Residential to B-2 Highway Commercial based
on finding the request is: 1. Consistent with the purposes and intent of the Transition land classification and
the associated land use policies adopted in the 2006 land use plan; 2. Reasonable and in the public interest to
allow a broad range of commercial uses in this location near at the New Hanover-Pender County line.
Option 2:
Motion to DENY the request because it not found to be reasonable or in the public's interest in this location.
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
ATTACHMENTS:
Z-888 Adjacent Properties Map
Z-888 Petition Summary
Z-888 Applicant Materials
Staff Summary
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting
08/04/2008
10-0
COMMISSIONERS' ACTIONS:
A motion to approve the Petitioner's amended request to rezone the property to B-1 was approved 4-0.
Board of Commissioners Meeting
08/04/2008
10-0
CASE: Z-888, 7/08
PETITIONER:
REQUEST:
ACREAGE:
LOCATION:
LAND CLASS:
Michael Nadeau for SENCA Properties
From R-15 Residential District to B-2 Highway
Business District
Approximately 9.22 Acres
9100 block of N. Market Street @ County line
Transition
PLANNING BOARD ACTION: At its July 3, 2008 meeting, the Planning Board was unable
to arrive at a recommendation. The vote was 3-3 on a motion to deny the request. The
board expressed concerns about the broad range of uses allowed under a general B-2
district and some expressed a preference to consider a conditional district rather than a
general one.
STAFF SUMMARY
The subject property is located in the northern portion of the county in an area classified on the
2006 LAMA Land Classification map as transition. Access is anticipated to be from New
Hanover Medical Park Drive, a local road that intersects with North Market Street which is a
maj or arterial divided roadway. Level of service on Market Street in this segment has been rated
F, meaning traffic volume exceeds capacity. The location is subj ect to the county's Special
Highway Overlay District, which protects gateway vistas primarily through a requirement for
additional setbacks and buffering.
The subject property is south of the Pender County line. Pender zoning adjacent to the subject
property along the northern boundary is B-3 along the highway and R-20C at the rear of the
property. South of this property is zoned CD(O&I) to accommodate a future medical complex for
the hospital. To the east is the Salem Woods residential subdivision. Across Market Street is a
mini storage facility.
The subject property is located within the Futch Creek watershed drainage area which carries a
water quality classification of SA and HQW (High Quality Waters) and is listed on the 303(d)
impaired waters list. Over the past four years, water quality in upper Futch Creek has experienced
a decrease in water quality, most likely due to the increase in development in this area. Portions
of Futch Creek are included within the limited area the remains open to shellfishing in New
Hanover County, however the Division of Water Quality has indicated that Futch Creek will
likely be completely closed to shellfishing due to diminished water quality. All measures should
be taken in the construction process to ensure that erosion control measures are met to prevent the
runoff of sediment into Futch Creek. Staff also recommends that Low Impact Development
(LID) techniques be incorporated into the stormwater design of the site to ensure that water
quantity and water quality goals are met.
Board of Commissioners Meeting
08/04/2008
10-1-1
The property is not influenced by flood hazard and no areas of 404 wetlands are indicated. The
site is in a primary recharge area for the principal aquifers or a shallow water table sand aquifer
containing fresh over salty water. Public utilities are planned for this area.
Land Use Plan Considerations:
This rezoning requests a change from medium density residential expectations to highway
business use. The change would significantly expand and intensify the range of uses allowed.
Between 2003 and 2005, average daily traffic volume on Market Street increased by about 8%.
The addition of "superstreet" improvements in 2006 has improved the flow of traffic in this area
raising the level of service from "FF" to F. The Wilmington Metropolitan Planning Organization
has commissioned Kimly Horne to develop a corridor overlay plan for the Market Street Corridor
between Colonial Drive and the Pender County line. The plan will identify catalysts for
economic growth and development of the corridor and recommend access management strategies
to address a growing traffic congestion problem. As a gateway to the County this parcel is
critical in the development of the plan. The petitioner has agreed to work with the consultants as
their planning process continues so that strategies can be incorporated in the site planning
process.
The 2006 Update of the Joint LAMA Plan describes the purpose of the Transition class as
providing for future intensive urban development on lands that have been or will be
provided with necessary urban services. The location of these areas is based upon land
use planning policies requiring optimum efficiency in land utilization and public service
delivery. In this case, services are to be installed in that area and access is available from a local
street as well as the arterial.
Based on the foregoing, staff recommends approval.
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether the action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public
interest."
EXAMPLE:
The County Commissioners find that this request for zoning map amendment from R-15
Residential to B-2 Highway Commercial is (or is not):
1. Consistent with the purposes and intent of the Transition land classification and the
associated land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to allow a broad range of commercial uses in
this location near at the New Hanover-Pender County line.
Board of Commissioners Meeting
08/04/2008
10-1-2
Case: Z-888, 07/08
Rezone 9.22 acres from R-15 to B-2
9100 Block of N. Market Street
Petition Summary Data
Owner/Petitioner: Mike Nadeau for SENCA Properties
Existing Land Use: Vacant
Zoning History Area 5 (July 6, 1971)
Land Classification: Transition
Water Type: Public needed
.r
Sewer T~ Public needed
Recreation Area: Ogden Park
Access & Traffic Volume: Market Street (Major Arterial); ADT 26,597 (4/05)
compared to 24,701(5/03); +7.6%
Fire District: Porter's Neck Fire Department
Watershed & Water Quality Classification: Futch Creek, SA; HQW; 303(d)
Aquifer Rechar e Area: Primary recharge area for principal aquifers or shallow
water table sand aquifer containing fresh water over salty water.
Conservation/Historic/Archaeological Resources: None noted
Soils: Kr-Kureb sand; La-Lakeland sand; Ke-Kenansville fine sand; Wa- Wakulla
sand
Septic Suitability Class 1-Suitable
Schools: Blair Elementary
Other: SHOD-Special Highway Overlay District
8/5/2008
Board of Commissioners Meeting
08/04/2008
10-2-1
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Board of Commissioners Meeting
08/04/2008
10-4-1
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~e~oning ~pplxcat~on ~.esponses:
1. ~a~v ~rauld the requested change be consistent with the County's
policies far rav~th and e~elopn~ent?
The a~~ Land ~Jse ~~a~, identifies this area as "Trar~szt~on" classi~eatran,
meaning are area where intensi~re urban develop~.ent is anticipated.
Sena properties has extended pater and sever services to the ad~oinin
parcel and future exter~s~an vial sage all ofthe proposed rezoning area.
The entire area viii be seared by an appro~red starvater system, hand
in~xnediate~y adjoining to the south is paned ~~ ~~} by ~e ~ano~er
County and all lands adj alning to the north are paned -3 aneral
business ~y fender bounty. The tract adjoins l~Iarl~et Street and v~ill
be served by connector roads to Scotts Dili soap load and Scotts Hill
Medical Dri~e~
~~ Gov mould the requested zone change be consistent Frith the property'
classification on the hand Classification lap?
- The land is currentiy classified a a "esaurce Protection" area. The
~an~ng change mould perrnlt developrrient 1th a n~~xture off` uses,
This vauld concentrate de~velop~ner~t on upland areas, serviced by
starrater retention systems. A concentration of higher des~ty
de~veloprnent ~rauld be placed along the ~igh~ray ~ 7 corridor in
upland areas. The design ~ril1 concentrate the density on the less
sensitise areas ofth site ~e~elapment ofthis type zs 1n~portar~t
to the preservation of environentaliy sensXt~ve areas anal consistent
with the resource protection hand classification.
. ghat significant neighborhood changes have occurred to n~a~e the
originar coning ~nappropr~ate, or hair is the land invol~red unsuitable
for the uses permitted under the existing ~o~ing?
~ the area surrounding the property, many s1gnlcr~t res~dent~al
subdivisions have been de~reloped or approved, Th1s 1s changing
the complexion of the neighborhood and gill significantly increase
the need for services in the area This petition requests that some
residentiar land be converted to district to help service the
groring number of residents Frith neighborhood shopping op-
portunities and health care offices. p'urther, the ad~a~ning tracts to
the earth and south are both nog coned for commorcial use.
Board of Commissioners Meeting
08/04/2008
10-4-2
~. o ~~1~ this change off` ~en~n erne the pu~~~e interest?
The ~ezon~n v~~l~ connect ~o e~ist~ng eo~nexe~~~ coned
xeas and ~1~ acill~a~e the de~e~opn~ent afretai~ and ogee
er~ices not nom ava~~ab~e ~n the cots ~1~ omnaun~ty,
~n signing phis pe~~t~o~, ~ r~~d~rs~an~ that tie e~s~z~ ~o~~n rnap i~ presumed
to he corree~ end that Z have ~~e ~urde~ ~~ ~ro~i~g ~~y a c~une is in the ~u.~iic
interest I fur~~er unders~~~d ~~e i~lin aut of one p~rce~ o~ l~~d ~o~ peciaY
coning trea~e~~ ~rel~ed to ~aunt~ p~iicie ~~~ ~~e s~rraundin neig~~orhood
o~i~ ~~ro~a~ly ~e iii~gai. ~ cer~if~ ~~t this ~ppiication is campre~e end ghat ill
~~ormtion presented ~~ ~~~~ ~pl~catian i~ uccur~~e to the best o~ i~~o~Ie~ge~
inform~~z~n, and ipelie,
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Board of Commissioners Meeting
08/04/2008
10-4-3
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Board of Commissioners Meeting
08/04/2008
10-4-4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
REGULAR
ITEM: 11
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe
CONTACT(S): Chris O'Keefe
SUBJECT:
Public Hearing
Conditional Rezoning Request (Z-889, 7/08) -Request by Withers & Ravenel for Greenhouse
Properties to Rezone 0.81 Acres at 6005 Carolina Beach Road at the Corner of Manassas Drive from
R-15 Residential to Conditional 0&I for a Veterinary Use in the Transition Land Classification
Adjacent to the Battle Park Subdivision
BRIEF SUMMARY:
At its July 3, 2008 meeting, the Planning Board voted 6-0 to recommend approval of the request with
conditions as follows:
1. No outdoor kennels.
2. Uses limited to Veterinarian and Kennels with indoor pens only.
3. Hours limited as specified by applicant to 8-6 Monday through Friday and 8-12 on Saturday.
4. Low country design of the building as discussed by the applicant.
5. Lighting contained on-site as noted on the site plan.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Conditional Rezoning requires two actions: approval of the rezoning and then approval of the companion
special use permit.
ACTION # 1
Planning Staff recommends:
Motion to APPROVE the rezoning from R-15 Residential to CD(0&I) conditional office and institutional,
finding it consistent with the land use plan, reasonable and in the public interest.
ACTION #2
Planning Staff Recommends:
Motion to GRANT the companion special use permit for a veterinary office in the CD(0&I) district based on
the findings of fact and including the recommended conditions.
ALTERNATIVE OPTION
Motion to Deny based on specific negative findings in any of the four categories, such as lack of consistency
with adopted plans or determination that the project will pose public hazards, will not adequately meet
requirements of the ordinance, or will be out of character with surrounding area.
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
Board of Commissioners Meeting
08/04/2008
11-0
ATTACHMENTS:
Z-889 Staff Summary
Z-889 Petition Summary
Z-889 Adjacent properties map
Z-889 Applicant materials
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
The rezoning was approved 4-0. The special use permit was approved 4-0 with the conditions recommended
by the Planning Board.
Board of Commissioners Meeting
08/04/2008
11-0
CASE: Z-889, 7/08
PETITIONER: Greenhouse Properties, LLC
REQUEST: From R-15 Residential District to CD(0&I) Conditional
District Office & Institutional Use for a veterinary
practice
ACREAGE: Approximately 0.8 Acres
LOCATION: 6005 Carolina Beach Rd.
LAND CLASS: Transition
PLANNING BOARD ACTION: At its July 3, 2008 meeting, the Planning Board voted 6-0
to recommend approval of the request with conditions as follows:
1. No outdoor kennels
2. Uses limited to Veterinarian and Kennels with indoor pens only
3. Hours limited as specified by applicant to 8-6 Monday through Friday and
8-12 on Saturday.
4. Low country design of the building as discussed by the applicant.
5. Lighting contained on site as noted on the site plan.
STAFF SUMMARY
The subject property is located in the southern portion of the county in an area classified on the
2006 LAMA Land Classification map as transition. Access is anticipated to be from Manassas
Dr. near its intersection with Carolina Beach Road which is a major arterial divided roadway.
Level of service on Carolina Beach Road has been rated F, meaning traffic volume exceeds
capacity.
The subject property is south of the Sanders Road intersection which has evolved into a
commercial node. The west side of Carolina Beach Road has also stripped out into commercial
districts along the divided highway frontage while the east side remains residential. The subject
property is part of the Battle Park subdivision and is currently vacant and wooded. Adjacent
property is all zoned R-15. To the south is the County's Battle Park site. To the north and east is
the remainder of the Battle Park Subdivision and is developed with residential uses. Further north
is more R-15 residential development up to Christa Apartments.
The subject property is located within the Seabreeze watershed drainage area which carries a
water quality classification of SA and HQW (High Quality Waters). The property is not
influenced by flood hazard and no areas of 404 wetlands are indicated. The site is in a shallow
water table sand aquifer. The applicant plans to utilize private well and septic system since no
public services are available in this location.
As a condition for rezoning, the applicant proposes that the use of the property would be a
veterinary practice with indoor kennels. A companion special use permit will bind the proposed
use and restrictions to this property.
Board of Commissioners Meeting
08/04/2008
11-1-1
Land Use Plan Considerations:
This conditional rezoning petition proposes a change from moderate density residential zoning to
a conditional use Office & Institutional designation for the purpose of developing a veterinary
office and clinic.
The ordinance describes the situations in which conditional districts might be considered, and
notes that this procedure is intended primarily for use with transitions between zoning
districts of very dissimilar character (e.g. R-15 and B-2) where a particular use or uses,
with restrictive conditions to safeguard adj acent land uses, can create a more orderly
transition. It is not intended as a routine substitute for the general rezoning procedure, or
for frequent use, because creating a large number of such specialized districts can lead to
excessive administrative complexity and great difficulty in maintaining consistent and
predictable land use policies. The ordinance also advises that this option is intended only
for firm development proposals, and shall not be used for tentative projects without
definitive plans.
Between 2003 and 2006, average daily traffic volume on Carolina Beach Road increased by
about 8%. Average Daily Traffic on Manassas Drive showed a 50% decrease during the same
period. No Traffic Impact Analysis was prepared for this proj ect because traffic generation
estimates were below the 100 peak hour trip threshold.
The 2006 Update of the Joint LAMA Plan describes the purpose of the Transition class as
providing for future intensive urban development on lands that have been or will be
provided with necessary urban services. The location of these areas is based upon land
use planning policies requiring optimum efficiency in land utilization and public service
delivery. In this case, services are not present and access is anticipated from a local street rather
than the arterial. There is a median break at this intersection on Carolina Beach Road. The Tarin
Woods Subdivision has been preliminarily approved east of Battle Park with streets that will
accommodate potential interconnectivity to Manassas Drive via Appomattox Drive.
The site is just north of property purchased by the county with recreation bond funds in 1992 for
use as a public park. The Parks and Recreation Department has programmed $1 million for park
improvements and about $500,000 for a library on the site. It is unclear at this time whether the
county will implement the park plan.
Based on the foregoing and the conditions attached, this proposal would be consistent with the
established residential character of the immediately adjacent area.
ACTION #1 NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether the action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public
interest."
EXAMPLE:
Board of Commissioners Meeting
08/04/2008
11-1-2
The County Commissioners find that this request for zoning map amendment from R-15
Residential to CD(O&I) conditional Office and Institutional District is (or is not):
1. Consistent with the purposes and intent of the Transition land classification and the
associated land use policies adopted in the 2006 land use plan;
2. Reasonable and in the public interest to allow a veterinary use adjacent to a
residential neighborhood on a conditional basis at this location.
PRELIMINARY STAFF FINDINGS FOR THE COMPANION SPECIAL USE PERMIT:
1. The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and
approved.
A. Private well water will serve the property.
B. A private septic system will serve the project
C. The property would access a local public street.
D. Traffic counts decreased on Manassas Dr. between 2003 and 2006 but increased
on Carolina Beach Road by about 8% in the vicinity of this site between 2003
and 2006.
E. Traffic circulation system will be awkward with respect to proximity of the
driveway to the intersection with Carolina Beach Road and the limited stacking
capacity at the median break proposed on Manassas Dr..
F. Fire Service is available from the Myrtle Grove FD.
G. The property is not located in a flood hazard area.
H. Stormwater retention is not shown on the site plan. The parcel is under one acre
but would still be subject to review under the County's storm water ordinance.
2. The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. The property is zoned R-15 Residential District. This request is made concurrent
with conditional rezoning to CD(O&I) Conditional Office & Insitutional District.
B. The proposed veterinary use is allowed by special use permit in O&I districts.
C. Office & Institutional uses are viewed as transitional uses between residential
and higher intensity uses.
D. Petitioner proposes 20 off-street parking spaces which exceeds the requirement
of 12 spaces.
E. Stormwater management is influenced by the water quality classification of the
watershed.
3. The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. No evidence has been submitted that this project will decrease property values of
adjacent parcels.
B. Stormwater management must perform in compliance with the requirements of
the County Stormwater ordinance.
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
Board of Commissioners Meeting
08/04/2008
11-1-3
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 identifies this area as Transition, which provides for
future intensive urban development on lands that have or will have urban
services. This site does not have those services.
B. The residential character in this area is clearly delineated. Low-country design of
the building is proposed by the applicant to be harmonious with the surrounding
residential area.
Staff comments:
Staff agrees with the conditions suggested by the Planning Board and accepted by
the applicant. Staff recommends creation of a conditional zoning district as applied
for.
ACTION # 2 NEEDED:
(Choose one)
1. Motion to Grant the special use permit based on the findings of fact (with or
without recommended conditions)
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to Deny based on specific negative findings in any of the 4 categories
above, such as lack of consistency with adopted plans or determination that
the project will pose public hazards, will not adequately meet requirements
of the ordinance, or will be out of character with surrounding area.
Board of Commissioners Meeting
08/04/2008
11-1-4
Case: Z-889, 07/08
Petition Summary Data
Owner/Petitioner: Greenhouse Properties, LLC via Withers & Ravenel
Existing Land Use: Vacant land
Zo~ History Area 4 (April 7,1971); Prior application withdrawn July, 2007
Land Classification: Transition
Water Type: Well
~r
Sewer T~ Septic
Recreation Area: Veterans Park
Access & Traffic Volume: Manassas Dr. to Carolina Beach Rd.
Manassas Dr. ADT 700 (2003) compared to 350 (2/06)
or -50% ;Carolina Beach Road ADT 38,000 (2003)
compared to 41,000 (2/06) or +7.9%
LOS F
Fire District: Myrtle Grove Fire Department
Watershed & Water Quality Classification: Seabreeze - SA;HQW
Aquifer Rechar e Area: Shallow water table sand aquifer and underlying artesian
containing fresh over salty water
Conservation/Historic/Archaeological Resources: None
Soils: Class I: Kr- Kureb sand; Rm-Rimini sand
Septic Suitability Class I-Suitable
Schools: Bellamy Elementary
Board of Commissioners Meeting
08/04/2008
11-2-1
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Board of Commissioners Meeting
08/04/2008
11-4-1
Bolt Veterinary lir~ie
Project Narrative for peciai ~Je Permit
Dr. Christian Bole has been treating animals at the er~ergency animal clinic for
several years. He seeks to purchase this property and build his own veterinary
treatment facility, far he and his wife to service the community. The proposal is
for a one-story, roughly fig' ~ 8', building with ~ fatal of 4~gg .f. of grass floor
area, same of which will be finished space in the roof pitches. The facility gill
have hours an IUlonday through Friday from a.n~. to G p.m., and Baturday from
~ a. m, to ~ 2 noon.
Afield survey of the boundary existing physical conditions, sails testing far
stormwater infiltration capability, and a preliminary grading plan have been
corr~pleted to assure the feasibility of the site plan proposed.
The project has prepared in accordance with all of the New Hanover bounty
honing ordinance regulations far setbacks and bufferyardsi All design details
will meet technical standards, and construction will adhere to all regulations and
specifications.
The location along Daralina Beach load provides a facilitythat is easily
accessible fortheir clients. Manassas give is also a public street and adequate
farthe traffic generated by a sr~all office use.
The policies forgrowth and development encourage continued efforts to attract
and retain businesses. The objective is to assure that new uses will enhance the
functionality and promote the economic vitality afthe surrounding area. A
veterinary clinic, with the site and building design a proposed, can meet the
strategy that allows in-fill development that can retain aesthetic and functional
compatibility with surrounding development.
The plan proposes farthe building to be placed close to the highway frontage,
with parking areas to the side and rear, a strategy to enhance the tretscapes
along the busy highway. The proposed building design exhibits the areas historic
"low~cauntry" character. The facade facing Darolina Beach load gill have
windows to break up the scale of the side view, but gill also be heavily
landscaped with streetyard plantings to enhance the view. The building entry,
facing ll~anassas Drive includes a covered parch entryway, with craftsman-styled
columns, to lend a mare residential characteras you enterthe Battle Park
neighborhood.
There are na regulated or significant trees within the developrr~ent area, llisuai
screening and overall use buffering between the facility and the adjacent
residential lot gill be provided by plantings. Lighting design will guarantee that
night lighting will hat shine outside the limits of the facility. interiarand
foundation landscaping will add to the overall aesthetic appeal of the pra~ect.
Board of Commissioners Meeting
08/04/2008
11-4-2
Public utilities are not available to the site v`rithout expensi~re extensions under
Carolina Beach Road. However, areas v~ill be designated for a private pelf and
septic system sized for the facility. torrr~utirater management v~[ll be provided by
under-pavement infiltration trenches.
Dr. Bolz certainly believes thatthe location and character of the proposed
project, if developed according to the Alen as submitted, gill bean asset to
communityr and to the pets of his clients. ~ small veterinary clinic gill also serve
as a good transitional use at this location, be in harmony pith the area, and gill
be in general conformity vuith the bounty's plan of land development.
Board of Commissioners Meeting
08/04/2008
11-4-3
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Board of Commissioners Meeting
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Uses and Development requirements: w~thln ondxt~onal Use District, no use is allowed except by Special Use
Permit, The permit may specify additional conditions and requirements, which represent greater restrictions on development and
use of the tract than the corresponding General Use District regulations, or other limitations on land which nay be regulated by
state law or local ardinance~ Such conditions and requirements shall not specify ownership status, race, religion, character or
other exclusionary characteristic of occupant, shall be objective, specific and detailed to the extent necessary to accomplish their
purpose, and shall relate rationally to making the permit compatible with the New Hanover County Land Use Plan, the
requirements for a Special Use Permit and other pertinent requirements of the honing Oxdinance, and to securing the public
health, safety, morals, and welfare.
w.T ~'~~ NIUT ETABLI~~
F~1~ A CHAt1I~E ~~' ~~NIN
Conditional Use District honing is established to address situations where a particular land use would be consistent with the
New Hanover County Land Use Plan and the honing Qrdinance objective but far which none ofthe general zoning
classifcatians which would a11ow that use are acceptable, You must explain in the space below how your request satisfies each
of the following zequirernents: attach additional sheets if ~aecessary}
1. How would the requested change be consistent with the County's Policies for ~ro~vth and Development?
Policies for growth development encourage efforts to attract and retain businesses. The property i at
the corner of a busy highway corridor. Implementation strategies recommend transitioning between high-intensity
uses aiong traffic thorougf~fares and established neighborhoods beyond.
2. How would the requested zone change be consistent with the property's classification on the Land lassy~cation
map?
The 2Q~ LAMA Land Use Plan identifies this area in the "Transition" land classification. The class is
intended for future intensive urban developr~ent an lands that have been, or will be, provided with
necessary urban services. The location of these areas is based upon land use planning principles for
optimum efficiency in land utilisation and public service delivery,
3. what significant neighborhood changes have occurred to make the original zoning inappropriate, ar how is the land
involved unsuitable for the uses permitted under the existing zoning?
The subjecttra~ts have become undesirable for single-family residential development There is a rnini-
storage warehousing facility and a m~xe~-use commercial devloprr~ent directly across the highway, The
busy Carolina Beach Road oorridor is better suited for transitional business uses that are provided for in
the ~8~1 district.
4. L1st proposed conditions and restrictions that would mitigate the Impacts of the proposed uses}.
Refer to the ~onditianal District bite Plan and Project Narrative attached.
Board of Comr~i~~i~O~e~eeting
08/04/2008 CUD 0~~07
11-4-7
'V~A.T YOU MUST ETABLIII
FAR A PE E PERMIT
~.uthority to grant a special Use Permit is contained ~ the honing ordinance, pursuant to section 7l F The honing Ordinance
imposes the f~llov~ing ene>ral l~equixeaments on the use requested by the applicant. Under each requairenrient, the applicant should
explain, v~ith reference to attached plans, where applicable, how' the proposed use satisfies these requirements: (Attach additional
pages if necessary}
General Requirement ~
The Board must find "that the use wi11 not materially endanger the public health oar safety if located where proposed and
developed according to the plan as submitted and approved."
• A private well & septic system will be used for utility services to the building.
• The tract is in the Myrtle Grove Fire District
• The tract is accessed from Manassas Drive, a publio street, with direct access to Carolina Beach Road, a
major thoroughfare.
• The property is not located in any special Flood Hazard Area.
General ~tequtare~nent #~
The board must find "that the use meets all required conditions and specifications" of the honing Ordinance.
~ A site plan} meeting the Grdinance requirements has been submitted,
• The proposed layout and uses are consistent with those permitted in the ~&I District.
General Requirrement #3
The Board must find "that the use mill not substantially injure the value ofadjoining or abutting property ar that the users a
public necessity."
Transitional uses, such as offices, are an acceptable transitional use adjacent to residential uses.
~ There is no evidence that adjacent property values are adversely affected by the proximity.
Geaaeral Requirement #4
The Board must find "that the location and character of the use if developed according to the plan as submitted and appraued will
be in harmony with the area in v~hich it is to be located and in general conformity with the plan of development for New Hanauer
bounty." .
• The Zoo LAMA Land Use Plan identifies the area as "Transition."
• The declaration of Restrictions of the Battle Park subdivision clearly reserved the subject lots for commercial
usage.
Board of Commlasionerasf~eeting
08/04/2008 ~~ ~~~~~
11-4-8
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This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
REGULAR
ITEM: 12
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe
CONTACT(S): Chris O'Keefe
SUBJECT:
Public Hearing
Special Use Permit (5-583, 7/08) -Request by Tom Johnson for Rockford Partners, LLC to Permit a
Community Boating Facility Having 53 Slips in the Northeast Cape Fear River to Serve the Sunset
Reach Subdivision, Located at the Terminus of Rockhill Road
BRIEF SUMMARY:
At its July 3, 2008 meeting the Planning Board voted 6-0 to recommend approval of the special use permit,
subject to final determination and confirmation of the location of the riparian corridor and a condition that no
overhead lighting will be used on the docks. The applicant agreed to these conditions. No one from the
public spoke on this item.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
The County Commissioners may:
1. Motion to Grant the special use permit based on positive findings of fact as presented and including
the recommended conditions noted by the Planning Board and staff.
OR
2. Motion to Deny based on specific negative findings in any of the four required categories, such as lack of
consistency with adopted plans or determination that the project will pose public hazards, will not adequately
meet requirements of the ordinance, or will be out of character with surrounding area.
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
ATTACHMENTS:
5-583 Staff Summary
5-583 Petition Sumamry
5-583 Applicant Materials
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting
08/04/2008
12-0
COMMISSIONERS' ACTIONS:
Approved the special use permit 4-0, subject to final determination and confirmation of the location of the
riparian corridor and a condition that no overhead lighting be used on the docks.
Board of Commissioners Meeting
08/04/2008
12-0
SPECIAL USE PERMIT
5-583, 7/08 53-slip Community Boating Facility
Request By: Tom Johnson for Rockford Partners, LLC
Location: end of Rockhill Road
Acres: 27.64 (total subdivision)
Applicant proposes a Community Boating Facility to serve a new 53 lot residential
subdivision along the Northeast Cape Fear River.
PLANNING BOARD ACTION: At its July 3, 2008 meeting the board voted 6-0 to
recommend approval of the special use permit, subject to final determination and
confirmation of the location of the riparian corridor and a condition that no
overhead lighting will be used on the docks. The applicant agreed to these
conditions.
Preliminary Staff Findings
1. The board must find that the modified use will not materially endanger the public
health or safety if located where proposed and developed according to the plan as
submitted and approved.
A. The subject property will be accessed via pedestrian and golf cart easements between lots 1
and 2 and lots 18 and 19 on Alvernia Drive South, anew local street in the Sunset Reach
Subdivision.
B. The docks will be served by water and a pump out facility.
C. Fire service will be provided by the Wrightsboro Volunteer Fire Department
D. Stormwater is not applicable to the docks.
E. Water depths have been shown on a map separate from the site plan.
F. The site is located in a primary nursery area.
2. The Board must find that the modified use meets all required conditions and
specifications of the zoning ordinance.
A. The project is located within the Northeast Cape Fear River.
B. Community boating facilities are allowed in R-20 zoning districts with a special use permit
under certain conditions.
C. The facility will serve a 53-lot subdivision called Sunset Reach, with slips available only to
lot owners, consistent with Sec. 72-37 of the zoning ordinance.
D. A total of 53 boat slips will serve the exclusive use and enjoyment of property owners in
Sunset Reach subdivision, in accordance with the definition of community boating facility
included in the 2006 LAMA Land Use Plan.
E. Off street parking will be accommodated at home sites in the subdivision. Three additional
parking spaces will be provided near the southernmost access to allow for loading and
unloading.
5-583, 7/08
8/5/2008
Board of Commissioners Meeting
08/04/2008
12-1-1
F. One 23-foot access easement and one 20-foot access easement is provided and conferred to
each owner for access to the community boating facility.
G. No commercial activities are proposed or allowed for the facility.
3. The Board must find that the modified use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity.
A. No evidence has been presented at this time that the proposed use will injure the value of
adjoining or abutting property values.
B. The community's deed restrictions disallow individual docks and piers.
C. According to the applicant, the mean high water line as been delineated by his environmental
consultant. Although the pier appears to cross the adjacent property not owned by the
applicant, the waters of the state cannot be claimed by the adjacent owner.
4. The Board must find that the location and character of the modified 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 New Hanover County Comprehensive Plan classifies this location Conservation
B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust
waters.
C. Surrounding land uses include very low density residential and vacant land.
Staff Comments: none
ACTION NEEDED:
(Choose one)
1. Motion to Grant the special use permit based on the findings of fact (with or
without recommended conditions)
2. Motion to table the item in order to receive additional information or
documentation (Specify).
3. Motion to Deny based on specific negative findings in any of the 4 categories
above, such as lack of consistency with adopted plans or determination that
the project will pose public hazards, will not adequately meet requirements
of the ordinance, or will be out of character with surrounding area.
5-583, 7/08
8/5/2008
2
Board of Commissioners Meeting
08/04/2008
12-1-2
Case: S-583 (7/08)
Petition Summary Data
Owner/Petitioner: Tom Johnson for Rockford Partners, LLC
Existing Land Use: Vacant (R-20)
Zoning History July 1, 1974 (Area l0A)
Land Classification: Conservation and Wetland Resource Protection
Water Type: Public to be installed
~r
Sewer T~ Public to be installed
Recreation Area: Cape Fear Optimist Park
Access & Traffic Volume: Castle Hayne Rd., an identified Arterial
Traffic LOS is FF (Apri12005) with ADT
approximately 18,793 (8/04) and 15,000 in 2001
(+25%)
Fire District: Wrightsboro VFD
Watershed & Water Quality Classification: Little Creek (C, SW)
Aquifer Rechar e Area: Chiefly a discharge area for groundwater flows
Conservation/Historic/Archaeological Resources: Brackish Marsh, Swamp Forest
Soi s: Do-Dorovon
Septic Suitability: Class IV (DO) Unsuitable
Schools: Wrightsboro Elementary
Other: AE Flood Hazard (BFE 8)
Board of Commissioners Meeting
08/04/2008
12-2-1
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Board of Commissioners Meeting
08/04/2008
12-3-1 ~~
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Board of Commissioners Meeting
08/04/2008
12-3-2
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Board of Commissioners Meeting
08/04/2008
12-3-3
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SUBMISSION RE UIREMCNTS
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Appliaa~ians UT b revie~v~d by the Planning Department ~'ar eamp~eteness prior to acceptance. For pecia!
i`1sc Pori fat aro oansider~d residential or ~nohiC~ ha~nes a #'~~ af~o.oD is requlr~d. All ocher ~peeial Use Permits
rcq~airc a fee ai' ~4i~o,oo~ 'his ~~~, payable €o New Hanover Co~nty,~accompany Ibis petition.
No ~p~li~~t~on wiCl be ~trcepted unless accompanied ~~ a pCan of the proposed use and loi drawn is ~e~c
to b~ osed c~idence in support o~ the ~requ~ired findings of ~~ct ~~u#lin~d on pa~~ 2~ of this appii~.atinn. ~f
sub~ti~n~, full ~r~c ~C~n~, please provide thyrtecn ~~ 3} copies ~~~ the Pining hoard iV~ecting rrd nin~tcen ~i 9~
caCxies for the ~oun~Y Commis~ior~ers eciing; ~1~ 1~ xf7 red~,ced site pCan, and fl~it~ecn ~~3} and nineiec~ X19}
copies of any color documents. ~'hc foil~wir~g ~upplcmcrttaJ in~ortn~iian is required:
1 ~lrre copy ofeurr~nt tax map
~ I~arrat~ve off' proposed use
3 Ad ja~ent prop~r~y owners and uses
~ Lo~a~on of existing and for propas~~ structures} to ~e rased ire connection with the requested ose
5 Lo~~tiun of ok~~stree~ parking and in~reslegress
~ Location and dirncnsions of proposed Signs}
7 Location of site relt~tive to major tharaugh~`ares
8 Setbacks i'ram prope~y IineS
9 Autharit~- for appointment of agent form
~0 Applicant answers to the ~uestiar~s ors the application
C i Signed site plan cC~eektist
Nate: App~i~ants should refer to Article 6 ~ of the Zani~g ordinance for addFtianal rc~uirements for specific uses. Tie
Planning >epar~r~ent, Planning Board, andfar Board of County Commissioners reserrrc the right to rcgnirc additional
xnfarma~.on ~#' needed to assure that Sze use ~n ats proposed location will be harmonious with the area and i~~ accordan~;
with the honing ordinance ofthe County of l~ew ~anavcr.
Pn~e 1 of ~
Board of Commissioners Meeting
08/04/2008
12-3-4
SUP t i I~?
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Board of Commissioners Meeting
08/04/2008
12-3-5
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~~:~~1 !~w ire ~~n~~c~~~r ~~'ttE~ ~~7~ ~rc~ il~ ~~11~~:~~ ~~ ~~ ~~ ~~ i~~a~~~ ~rtc~ ~n ~~~~~r~~ ~ar~~~~r:~it~ ~~~i~~~ t~~~ ~~1~t~ ~~c~~-~-~~:]~~1r~x~txt '~a~ ~~~~~
',~'~Z~ ~~tz~~~; ~~~a~~~c ~~~ ~a~~~ ~~~~~~n~ ~~~~ ~~~~~n~ ;~t~c~i~~~~~f~#~~~~~~#~ ~~~c~~~~~c~tt~~~~~ ~~~ ~~;~~ s~~~ r~:~,~~~~
~~~ ~~~ ;~~~~~~~~~, ~'~1 ~~~~~~~~ ~#l~~~c~ ~e pt'~fsr~~ ~~ t~~r~~~~~ir~~~~ ~~~ ~~~~ ~~~op~,~~~ ~s~ ~~Y~zE~~ ~c~~~~~~ ~~•i~~ ~~~
~~~~:#~~ r~~~u~~~m~n~ ~'o~~~~ i~ ~c'~~~~ '~~, ~~d#~~~~td ~~s#~~i~~~a~~ i~~p~~~d ~~ c~~~~~xi ~p~:~:i~~~ ~~~ ~~.~ ;~~~~~~~~~~~~~.
~~;~ .~ ~~i~~~a~~ ~~zy#~~ ~ ~~~~ i~~~~~~ ~~' ~I~~ ~~e~~~~ ~`~~ ~~~mi~. ~ e~~•~i~'j~ ~#~+~t ~#~i~ ~~~~~~~#~~~~x ~~h ~:~~~~~~~~ ~~~ ~~t~~
~~c~~ ~~ ~~~~~~` ~-~~
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~~~~ ~ cif 3
~~' ~ ~ I~
Board of Commissioners Meeting
08/04/2008
12-3-6
~~~e c~~~~ i~~ ~~ c~a~~t"~~t ~~t~tt ~~ i~~~u~~~.
~ ~'~~w~t ~~~~r~cit~~~s ~~r~~~ i~t~# ~r~~, ~1~~ #c~~~t~cn ~~'~~j~ir~ir~~ x~rtd ~~~~i~ ~~~ ru~~~~.
~~i~~~~~ ~a~~~~ ~~'t~~~ t1'e~C~.~{~~ ~r~~,~~t~~~ity~ pa~'G~~S ~~d ~r~~~d t~~~t rati~~~~.
u ~~a~~~€# ~~~ ~f~~~t~~ ~tr«C~t~r~s ~~~ ~th~r ~m~r~~~~r~et~~s. r~r r~sidcrtti~~# t~s, t~3t~ s~i~~~~ ~~~~~~~ t~~j~~rr, ~~r:i~~~G ~~t~ ;~~~
~t'~~if~ ~~~ ~it~ ~~~~~ ~t~t~itrii~~; ;~r t~ ~~.a~~k~~`s~ ~y r:a~l~ ~tru~ttisr~ ~~~~r ~~~~di~i~~d ~~11~~~~~~'i~l~, ~~r ~~t~~
~~tc:r~t~;~~ a~5~s, €~~is s~t~l~ #rtc#~~~~ ~~~r~,~~r€~~zs: ~~ttA~C ~'~aat~~~ ;~~~t~ ~ci~~t ty~'~a~~t s#~i~{:xll~'i:, ~~~#~i~~ o ti~~ ~r~~ ~t rvif
t~~ur€~ ~~'~ tax ~~~i~c ~~u~~~r; ~~r ~l~i~~ i~ u~i~~ ~~ ~~~rud.
#. ~~c;~~~pr~r~~i ~c~~~:t#~#r: irt~~u~~rt~ ~~te~l ~~a~~~in~,
'~ r7~~~~~ ;~t~~i ~~~~k~~ ~'l~~ ~~ i~~~t3~~ ~ s~r~~~mr;rrt a~ i~~t~ael ~~n~r~ta~~~ t~c~l t~~'i~ ~~~ar t~ tr~~t, ~r~~asec~ ~ii3t-~~`+~~~~
r~~~i~~c~r,~a ~~~~tt ~~r ;~~:~~ t~ ~~~ ~r~~ t1t~ ~r~~~, ~~C~~~~~x ~~+idt~ apt r~~~t~~~=~~a~ f~~ ~~t~~r~~~ ~~rc~:ts ~ #€~~~~~i~?tt~
~~`~~~~~t~c:ctt ~ ~c~~~s ~a~~av~~~at~ fir ~~3;~~~ ~~
A~# ~a;~~tir~~; ~n ~~~ar?~ ~~5c't~1s~3~~S, r~~~:r~#~~i€t~~~ ~~~ ~~~~rr~~~, r~~~-~~~~`«~~~yti ~~~r~r~~ ~t1c~ s~~~u.
~ ~,~c~rli~~~ ~r~ ~~~~~~~ ~#k~r~w ~~~i~~ ~o b~ ~r~~~:cte~ ~~~~rc~I~c~r~ ~'~ ~~~~~~ ~~ai~~~ {~~c~~n~~~~~
~ ~x~~~ ~d~liti~~t~R ~~ltc~iti~a~s r3r1~ ~~ct~4r~:z~errts, w7}}c~~ ~:~~~~~t ~rwtcr ~~5~~1~f~t~~S•~~i ~~~'~~t)~~r~xa~ ~r# ~~~ ~i ice tr#r~~
tiY t~~~ ~~~~~~~n~~3~~~~ c~t:~~~ ~~~ ~~~t~i~t r~.~~~~~ati~r~~, ~~~ri~~~ are t~~ ~~~~~~~~~ r~~~ir~~~~~r~~~ ~~ t~ a~c~~ti~rr~~
i~tr;~~ ~~{ ~ti~~r I:~~r~it~.t}~~ts ~~ aan~ ~~i~l~ ~~~~y ~ r~~l~~~d ~y t~t~ ~~v~ ~r ~.oa# ~~~t~a~~~.
~ ~.~~; t~~~r ~~7~t7rrr~~rti~~ tf~~t ~~rill f~c€~~~~t~ ~~r~i~~-; n~t~~ ~~~~O~c~ cltt~~,~ ~~~~~~~'licl~ ~##~}~
~~ ~~g~~~r~~, ~I~i;~ ~~~~~Yr~r-, ~ ~~c1~~~~st~ ~~t~~ t~~F ~tin~ zfl~~~ n~~~ i~ ~~~'~-~~~ ~~ ~~ ~~~~~~# ~~d ~h~~
~~'~'~~ ~~` ~~~~~~ far ~~~~i~~~ ~:~~~~n~ ~r~~~r~e~~ u~~-~~afcd t~ ~:a~~t p~~;~i~s ~~~ ~~t~ ~~pst~~in~ ~tri~,Gb~t`ht~~d
rc~~~d .~r~~~~i~~, ~~ i~)~~, ~ ~c~ti~'~~ ~h~~ ~~i~ ~~p~~~~t~o~ ~~~p~~~~ ~n~ ~~~t ~i~ tn~'Q~t~~~~~~ ~~~~~~~~~~ ins ~t~~~
~~~~~~~~i~~r ~~ ~~~r~~~ ~t~ ~~~ ~,~ ~~~t}~ ~t~o~~;~~c~~e} ~~f~r~~.t~~rt~ ~~d ~~~i~f.
~~~~arr~ ~~~~~a ~~~;
~~~
.~~ : ~~
Board of Commissioners Meeting
08/04/2008
12-3-7
u~~~~~~y ~~~ ~~ai~~~ ~~ ~~~
~~`~am~~~ ~~ a~x~ ~ ~ .~~. ~~ f~i~~l~~f ~~ ~x~t~~i~~ ~n~ ~`~~" ~~ ~~.~~~~ ~` ~~~~~xa~~~r~
~4ov~~F r~~~~~~~ ~r~~ ~~n ~~n~n~~~t~~ ~~ ~~~ ~~~~ ~~#~~~~~~~~ ~nc~q~ ~~~~~~ ~~~ ~~p~~~~bi~ ~~ ~~ ~~~~rt
~~~~~•~:c~ ~~ ~~~~ ~t~t~c~~~d ~t~~an,
1. Tc~ ~~~~~~~~ ~ ~~1~~~ ~~~~t~~f~ ~~~ ~h ~~~~~r~ s~~~~~r~~~~ ~~~~~~sy
?~'~'o ~~~~~~ ~~ ~a~~~~i~ c~~n~s ~~ ~i~ ~~~rs~~~~i~~ ~~d arr~~ni~~n~~t~ c~~~ ~~h~f~"~ff~c ~~~~~r,
~`~ ~~~ ~~ ~~~ ~~~~r~~r'~ b~~~~~~~~fhou~ f~ni~~~i~~~ ~t~a ~~~~~ t~ ~~~ ~~~~ s~f f. ~x~~~ c~ir~~~~y~~r ~~~~x~~~~l~
~nnr~~~t~c~ ~~i~~ ~~• ~~-i~i~ ~~ o~~ ~~~tinn fir a~ ~~~~~~~~t~ ~p~~~;~~1~ t~ tf~ ~ ~~~~~~~r ~~~~~
~n r~~~~n~~ ~~~l~~ j~I~ ~ ~~~cr~~~
'~"~i~ ~~;n~~ ~~~~~~~~~ s~~~~~ ~~t~ti~l~~ ~x~ ~i'~t ~~~~ rf~~ ~~~~i~~ ofr~~rc~~;~~ian ~~ die ~~r~~~r i~ d~l~~~r~
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Board of Commissioners Meeting
08/04/2008
12-3-8
~~ ~~~~~~~~~~~;~~~I~ ~ ~~~~:.r~ err .~~~~Y~~a~: y~¢r~~t ~: ~~~~~~#1:~;~~~~~~1;~:~ ~ ~:~~~~~ ~~~~~~.~:~ ~~~,~~~~t~~~ ~:~~.._~,~
Board of Commissioners Meeting
08/04/2008
12-3-9
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Board of Commissioners Meeting
8/04/2008
~~ ~~
'1"~~i~ a~a~~~~i~~~~i~~~ ~n~• ~ scY~:i~~l ~~~~ ~~t~~~it ~ ~~F ~~~~ ~:~t~~tt,~~cf ~~~t~ ~~~~ ~~ ~:~~~i~~~~~~i~~ 1~~~i~~~
~~~~~~~t~r ~~ ~~ ~~ca~t~ ~~~~ ~~~ ~~.~~~~, ~~~~~i~~~ ~~~ t~~~ ~~~rt~~t~~ ~€~.i~~~ ~~~ tla~ .s~~~~~~~ ~~~t?~~~~*~~~.
"i`I~~ ~r~~~~~~~~;ci c~~~~~~~~~~~t~~t~ l~~a~~~~n~~: ~~~~~ili~•~r ~~~il~'1~~ ~~~~~~i~~~d ~~i~~~ ~~t~~~~ .~~.ac~l~
tzl~c~i~r~i~~~t~, ~t 1~~~~~ ~~~ ~~f~~~~:1~ ~~t~~ 1~~~~n ~~al~~•~~~~1 ~~~ ~~r ~ 1t~~~~~r ~~~~~~~~ ~~:~;~1+~1it~ ~F
t~~~ a~~t'~~~~~}~~~ lit ~~i~l ~~~;~~~~~ ~x~~~ ~~~~ ~~~~d~ i~~~~~r~~~fc~t~~~nt~ ~t• ~~~~~~~1~~~~1. rI~~~ ~i~~~~~~~~~:~.
~~o~~.~~t~d ~~~~.t~cx~~~t~~, ~...1.~C:` ~r~,~~ ~1~'~~c~r~ ~'. ~~~~~I~~~~~ ~:~~~~~l~c~~~7~"~, t~~~~~~~~t~ ~~~~ ~~tt'~ ~ ~~
~at~d~~~c~~~~ ~' ~~~~ ~~~~~:~~~1 ~t~~~ ~~t•x~~~~ ~~~~~~ ~1~~~~• ~;~t~~~~~ b~ co~~s~t•~tct~. t~t~~il ~~ ~~~ ~~ t~.~~
~t~~~~c~i~~~~d t~~~~~~t~c~r ~~~ ~c~t~ i~ ~~~~~t~~I~~ its ~~~ ~~~~; ~-~~~~~~}~~• ~~~~~~~~ ~~;~i~~~~y.
~~i~t~ f~~:t~~~~~t~i, ~~~i~~~ ~~~~~: ~~~~~~~~~~~~ obi ~..~~~d ~~t~~t~~;t~~~t~~ t~~~~~~ ~ ~.~1 tl~~ ~~~~~~~ c~~`
~~~~~~~x.n~ ~~1~ t~~~~~~~~~~~r ~.~~a~~c~~~ ~~~i ~~~~ ~c~~~~~r~~~:~i~~~ r~~"~~~~ ~~~t~~~~t~t~tn~~~ ~caa.~.~t~~ ~~~~~~~.
'~'~~~ ~~~~~t~~~tt~i~~~, b~~~t~~t~ ~`~t~i1i~~T ~~i~~ ~~~~~F~ ~~~~~~~~~~~~1 ~~~~~~~;~~ ~~~~ ~~a~~~~t~ ~~~~~r~~l~~, ~~~~~~~~~~~.
.1~~~~~~~~~~: ~~~~~~~, ~~~~~~~~~~~ ~~~•~~1~~~ .~~~ ~~1~~~~•~r~~~~~~~ ~~~a~a~~~=~:~~, ~~'l~~ tai ~~~i~~~~4ic ~'~•~~~;~F~~~
~~ ~~;~ ~"~~''~ t+~c~~t~~~c~~ ~n ~~~c~~~~~1~~~a~ ~~~d~~ ~~' ~~~~ ~t~~j~ct 1~~~~~~t-~~~. rl~`~~~
~~~~~~~t~~ ~ ~~r~~~~a~d tl~~~i~t~ ~~1~~ cc~~t~~~tt~~t~, b~~~ti~~~ (~~i~~t ~~~ ~~~~ ,. ~~t•t~~~~ ~"~~~~~~~ ~'
1~:~~~~i~~~~~~~ ~~~~~1 ~"#~.~ ~~~~~~~~~ ~~~,~~~ ~~ ~t~ i1~~ ~t~o~ ~~`~~~~ ~•~~~ic~~~c~d. `I~~~c: ~~~~i~t~~~
~~~il~ at~~i~~ ~l t~~~~~~~•~• ~~~r~~~i~~ pt~i~y ~~ ~~~t~~~~u~~i~t~.
l~~€;~~~~. t~~~~~~d~: ~" ~~~~ ~~ci~'~~i:-~~~~ C~~~II~~~.~'~, ~t~d ~~~~~'~ ~~ ~u~~~€~~t~t d~~~~l~ ~~~~i~ ~1~~ ~'~,'~¢~~'
~~~~~~~~ttt~~~~, ~~x~~i~~ ~~~i~i~~f ~~xn a~~c~~•~~~~ ~~t~~e~~,
"~~'i~~ ~'~~~~~~~c~~~~ ~~~~s ~~t~~~~~~z~~~~ z`~t~+i~~~~i ~~~c~t~~~~~~ ~~~ ~~~~~~~:c~,i~~t~ ~~~~x~x ~~~~ ~~la~~~'~1 ~~ ~~~
~~~f ~`~.t• ~t~1~~:~ ~~~~c;~~ ~~~~~~1~ ~~1~~~~d~ a~ ddi~~~~~ ~~~~~~~~~~ ~~~~~~~~~~~~~~~ ~~~ ~n~ ~~~~ ~~ ~~~
~#x~i~~~~t ~~.~~a~~~, `~~1~ t~~:~~t•€fz~~~ ~~1~~~~~~~~s l~a~~~ ~?~~~ ~-~~i~~~~c~ ~~~~d ~~~~t~~~~~~ bar ~~~~
~~~~i~~~~ c~~~~~~'171~~',
~~~~li~:~~~t i~ ~~~~r~~l~x~ ~l~t~~~ ~a~ ~tc~~~itior~~~~ ~t~~tx~ ~~~~~~~~ ~~]~f~~d~~~C~~V ~~j~~~txt ~~ ~.~~~
~17~~~~c~~~~~~ ~~~a~i~~ l~~:ili~~~ i~~x• ~~~z~~~~~~ ~t~ ~~~~ld ~~ad ~~t~lt~~~d.
~~t~t~~l~ t~~:~~ ~t~tt~o~ ~~°i~l b~ t~a~~~:d ~~~ ~~~~ ~~i~ ~ci ~I~ ~ t~~~~l~~~•l~ ~x~~~a~~~~tl~;~~. ~`~~
t~~~~~~~~ ~l~~~li~~ ~z' ~~~d t~~~'f~ ~~~~1~ ~~~ sId; ~~~ ret~~~~~~~~d ~ ~:h~ ~a~di~~a~~~.
~ ~~~t~~~~~ ~t~~~~ ~~i~~ ~~~~ ~~it~t~~l~~d ~z~ ~~~~ c~~~~~~~t.r~~i~~~~ ~~` ~1~~ ~:a~~~t~~~~~~~~ a~t~~~~ f~~cili~~.
Board of Commissioners Meeting
08/04/2008
12-3-ll
~~~~~~ ~~i ~~z~~~~~~~
r~Y1~~ c;~~t~~~~~~ ~~;~r~ ~~~~ f~rr ~lr~~~~;~~a~c~ ~I~~ ~~~b~~r~~ ~~~•~~~~~r~f ~~ c~z~~c:r~~~tir~. n~~~rt
~:rt.~~~-~r~~~~~~a, t~t~ ~.,~~x~~~ ~ ~~~: .~~~~ i~~~~i~~c~ ~~~~t ~~~~~~~~a~•i~r~cx ~r~: ~~•~ ~~~~~ C~~~~u~~C~~11~ ~~~~~:~
~~~;~~ ~r ~;~~r~~~~~~r~~~~~ ~~~{~.~~n~ ~~~~~~~c~, '~"1~~ ~~•~~~ i~~~i~~t~~ i~~ ~~a~~~ ~~~~,~~~~~ ir~~~~~~t ~r~
~~~~~:~~ ~~~.lit~~ ~r~~ ~i~l ~~~~~~i~•~ ~~~~er+~~ ~t~~t~ ~~~t ~~t`~~~l~S ~i~~ b~: o~~t~in~:c~, ~~~ ~C~.~
~~r~a~~~~~~~ ~~~ci~~~~' yi~~ b ~~ ~:ar~~~n~r~~~~~~ bc~~r~~~x~ ~~~~i~i~y ~~~~ n~~ ~~ c~r~~~r~~,r~:i~~~~ r~~~rirr~,
~~~•~~~r~~~t~~~~r ~~' ~~r~~~ic~ I~c~~liti~ ~ ~~~~~f is rcc~~t~~~e~l ~~~~ ~r~~~ ~~~il i~~t i~ c~~r~~i~~~~~~ ±i~~~
~~t~ I.:~t~~~~ ~~c; 1~~~~~1•
~c~~~r~~~ ~~~ ~r~~~~~~~~~ ~?
~J~~~~~~ ~G~~r~ 7~-~~ ~~~# ~~~~; ~c~r~rir~;~ ~•~i~~~~~~:~, ~~ c:c~~~~~~~r~rr~i~~a ~c~~rt~~~ ~~~~~~t~, .~~~~t~~ ~~~:~
~ ~ ~ ~~ ~~~~ ~~ ~~~~~~~~~~~~~~cl tl~~t t~~~ pr~~€~c~i ~~il~ l~~~F ~i~~i~~~~~ in~~~~~ ~~ ~~~~~~~~~
~~1ct~~~, ~~iir~~~~•~~ ~~~rt~~~j"~~ ~t~~~~, ~x~t~~~~~ ~~~~~tt~d~. ~t~~~ ~c~t~~tk~ra~.i~~l~ ~•~~~rt•~~.
~~~ `~~~~~ 1~~.rr~~~b~r• ~~' b~~~~ ~~~a~ ~~~~~f r~t~t ~~~~c~~ ~~~~ ~~~~x~~x ~~~~` r~~~~1~~~'~i<~l ~c~~ ~~t•
~r~~~r~~ ~ir~~~~ ~~t~~~~r~ ~~~~~ i~~~OCr~~~~ d~~~o~~~~~~t~,
~~~ `l~'~~~ ~•i ~~~ ~~~ ~1~~ ~rs~ ~~" ~~~~ ~fiC~ ~ ~~ z~~ ~s~ ~~~ t~~rx~~r;r~~~ ~~, ~r~ ~~~~~~~~~:~ ~~~~~~~~•~~~ ~~~
~~~ ~•~~ic~~r~~i~~ ~a~~~~~~~~ i~~ ~~ xt~~~~~~1~~ ~~ ~~r~~~,
~~~ ~~1~~~1~G~'~i~~ ~~~l~~i~~~'~~ ~~~~.~~r~~~.r~ ~~~ .r~~~ ~I~~1i~~~~ ~'U ~~~~ ~~.~G ~.~k ~~~~),~~~~, ail,
~~~~r„~r~ u~~~~~i~ n~~ ~~a ~1;~t~`~~, s~~~~l b~ ~t~~i~~~~# ~~~~o~~i~i~~~,
`~~~~s ~~~4~~c~~ ~~~~~~~ ~~~~~~; rc~~«~~~~~~t~~ ~ ~o~~os;
~ ~ } '~'~~c: ~r~~~~~~~~ ~a~~~c~~ ri~~ n~~ ~a{~~ ~~r~ ~~~~~rc i~~~at~c:~ ~n ~~r~t~~' ~~ira~~t~r, ~~~~~~~~~~~
~~~ri~~ria~~ ~~~ i~~i~ ~r~ ~~r~c~~;z• i1~~ ~~~~n~ ~~ ~'~~~. ~~ ~~•p~~~~ ~~~*~~~;~;~ ~~~~~~~ t~~~
~~~~~~t~t ~i~~ ~x ~~~s~~r•ic ~i~~~i~~anc~ ~~r~ ~1~ ~~~~~~rr*~ ~r~~~it ~~il~ ~~ ~~~~iz~~~
~?} r'l~~ ~~A=~~rY~~ ~~~•~~~~~, ~~~~~ir•~t~~~:r~t i~ m~ b~~ ~i~~ ~~~r~i~~ ~~a~ ~~°~l~ ~ ~~~.x~~.~ ~~
'~'h,r~~ ~ ~ ~ ~t~ i~~r~~~ ~~~ ~t•~ ~~~~o~ ~~~;~ ray"~~ ~o ~~~~ .~~i Ii~;~ ~'a~- ~t~~ i ~ l ~~~ ~~~~ ~t~~~~
~~~~~~a{~~~~~,~.
~r' ~~~~~l~ir~ ~r~~i~s ~~r~~l~~~~ ~~~~ ~sr~~iz~t~~ ~~~~~~~~t~~~~~~,
Board of Commissioners Meeting
08/04/2008
12-3-12
~~-} ~~~~~ ~•~~;~~~ ~~ ~~~ ~~~~ ~~~i~it~r ~~i~l ~~ ~~~~f~r~'e ~~r af~ u~~~~~~~7~ ~~~~~-~~,x~~~n~ ~~ ~1~~
.1'C~4l~~Ll~~~~~. ~~'C~~L~~ tl~.~~t I~ ~ ~;~'i•~l~1~~. t~~~~•~~t~~'~ ~~~,F~I~~~~~~ ~~~~.~~3~~~1~ c~~7 ~~~G~7~~~~~
~ ~ "~'~~~~•~ ~r~~i ~~~ ~~~ ~~~~~.~~~M~;~~1 ~~c~~~iti~:~ can s~~e.
f~i~~~ ~~~~•~~~~~~:t~ c~~~~~~~~~~~i~y ~~~~~~~~ ~~"~~~~~~~~~ ~~ri1~, i~~ ~~t, ~~~~~~~~~ t~~~ ~~~l~~e a~'tZ~~ ~~j~~r~~~~
~'~~~~~~~~~~. ~~~~~~~~~~~rat ~~~l~~i~~~x~~~~~s ~~~~~~ ;~~~~~~~at~~ ~~7~~tc~• ~~~~~t~~; ~~~~r~~ ~ ~~~~~.a+~~' ~f~l~~
+ rwni i~rrMW+wwxywW ~'M .. w+lw~i x r i ~ i i x~
~1~~~~~~~~~ :fir ~~Fal~~" ~~~.~x~~~~~ ~~~s. ~ ~i•~~~~dii~~, ~"~~~~~~~1~.~ ~~~~n~~~1~~~~ ~~x~~ ~ ~•~~~.t~~l
~"~S ~~~~~~ i~~ ~~~~ .
Board of Commissioners Meeting
08/04/2008
12-3-13
r~' ~`~ .~ ~~~~E~~~~~ ~~•~~~~~:~~~ ~~~~ ~~~~+cc~ for ~•~~~~~~~ti~~~ ~~~,
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~~c~a~;~~~~~.~-r~o~-~~~o~~o,~~ oa~~~~.o~~~~
Board of Commissioners Meeting
08/04/2008
12-3-14
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,~e~,
e'er o~,r covera~ion today, here i the action ~~t and rough ~in~e~~ne for u~n~it~al
of the ~A and Ali Major Permit.
item ~.i~~ -~
~~~ ~~~~~ ~e~n
o~rr~a~ ~~~~ ~ Deduce ~~~nonian of rr~a~~i~~a an addi~ioi~l ~- ~~ per
~A ~eula~~on ~d move ~ixe~ access pier out o ~ ' riprin ~et~ack
on tie ou~hern side o~~he property per ~fl~ reguia~ions, f~o~e: further
re~iion may be necessary ~~ deign perfinallzed o~p cannel.
L - lJpdte n~~v o~p Channel line in ~ file when finli~~~ ~y
~JA~ ~ cant~n~e to contact Justin ~rnette with UAL ~n~il n~,w
hapefile i ~'eceived. hiate~ Jufiin Arnette can ~e peached at ~~-~~~~
4~~~. ~e i awa~~e t~atwe ~~~ awaiting ~ hape~~ile.
~~e ~~~~ ~~~~
p~ r ~r~~~ee~~r~ - upper copy ~~ updated CAS file with rest
recent land plan showing n~~rina parl~ing, torrnw~ter engineering, etc.
~r~
~ will need a Dopy of any permit received ~~ date, ~ncludin
to~r~~nrater} pediment and ere~ion control, tc~ to include ~ppondi to
~A.
r~~~~1 e~
Ll will Hood a Dopy ~o include ~ Appondi~ to ~A and in text.
Board of Commissioners Meeting
08/04/2008
12-3-15
Tie~i~~e--
~ ~~
A~prox, t~n~e, ~ creeks
l~iU1C !!i begin te~~ ~~r FA once final marina design is corn~ie~e, Tl~is
~ie~ine could ohange as the prajec~ ci~a~~ge.
~-~p~o~. time ~-~~ tirreel~s
~~~ ~~1 viii! be ~~ ~o ~~~ i~~uggett end Cobh lair's. They r~vili reviev~r
tl~e ~ for ca~~~ie~eness aid offer suggestions. l~ v~ili ~iiceiy fa~c conger
khan tvvo peeks for ~hen~ to dick a ~l~e EA and reviev~ i~. once they notify
u, ti~ere could be f v~eeks o~correctior~s,
Ap~ro~. tire. ~5 ork~ir~g days
dine addifii~nai copies gill ~~ ~~~ D for sate dpartn~ent! ~e~ie.
e~risians are g~~eraliy required ~~~ could twice ~ir~e depending on the
~nar~i~ude of requests frorr~ each agency once aii changes are made to
tee and project desig~~ A F~NI is issued.
Approx. tire. ~~ ~~r~i~~ da~rs
Ti~ir~een addi~ior~ai copies iii go ~o i~Cil~ for ci~arinho~~se revie~#. The
proposed pro~eo~t vuili be puhiished i~~ the Caro#~#~~ ~~###e~#~ for public
revio hic#~ is pubiished every tQ ~veks~ The ~- day review period gill
not begin until it is published,
~1~~ ~~~~ r~~~~~~~~~on
1~ppro~c. ~irne. ~ ~~ ciendar days
The permit pacl~age Dili riot be revie~red ~y ~a~e and federai agencies
~.~n~ii the ~~ has passed iearinghouse Revie~r. There are ~~0 7' vtirorl~ing
day re~rie~r periods for all ~~l~A ll~a~or permi~s~
This is dust a guideline i~h approxirna~ed ~in~e~ine. knee the is ubn~i~ted
~ha~ are certainly unnovuns that coui~ decay progress l~iease feel free ~o
co~~~ao~ u if you ha~re ar~y addi~ior~ai questions or concern, _
Bit regards,
Jer~r~y ~Jehnson
~~viro~~~nen~al c~ent,s~
Board of Commissioners Meeting
08/04/2008
12-3-16
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This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
REGULAR
ITEM: 13
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe
CONTACT(S): Chris O'Keefe
SUBJECT:
NOTE: This item has been withdrawn until the September 2, 2008 meeting.
Public Hearing
Text Amendment (A-371, 5/08) -Request by Staff to Amend Article II. Definitions and Article VI.
Supplementary District Regulations to Define and Specify Standards for Senior Housing Options
BRIEF SUMMARY:
This item was discussed at the May 5, 2008 Planning Board meeting and the June 18, 2008 work session
prior to taking action on July 3, 2008. The Board voted 6-0 to recommend approval of the amendment. No
one from the public spoke in this item.
The change would define and differentiate between active adult retirement communities, continuing care
communities, assisted living/personal care facilities, and nursing homes.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
NCGS 153A-341 requires that the governing board shall adopt a statement describing whether the action is
consistent with an adopted comprehensive plan and explaining why the board considers the action taken to
be reasonable and in the public interest.
Staff recommends :Motion to APPROVE the zoning text amendment based on finding the request is: 1.
Consistent with the purposes and intent of the land use policies, particularly Policy 17.2.4 adopted in the
2006 land use plan; 2. Reasonable and in the public interest to define and create standards for the range of
senior housing options that are beginning to present themselves for development in New Hanover County.
Option 2: Motion to DENY the request because it not consistent with the purposes and intent of the land use
policies and/or not found to be reasonable or in the public's interest in this location.
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
ATTACHMENTS:
A-371 Staff Summary
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting
08/04/2008
13-0
COMMISSIONERS' ACTIONS:
The item was withdrawn until the September 2, 2008 meeting.
Board of Commissioners Meeting
08/04/2008
13-0
A-371, 5/08
TEXT AMENDMENT Applicant: Staff
PLANNING BOARD ACTION: This item was discussed at the May 5, 2008
Planning Board meeting and the June 18, 2008 work session prior to taking action
on July 3, 2008. The board voted 6-0 to recommend approval of the amendment. No
one from the public spoke in this item.
ADD:
Section 23. DEFINITIONS
SENIOR LIVING OPTIONS
Active Adult Retirement Community or Independent Livin F,_ F,~X - A housing
development that may contain a variety of housing types designed for and restricted to
occupancy by households having at least one member who is 55 years of age or older,
living independently. Facilities and services would typically include features such as:
security; lawn and building maintenance; wellness, fitness, or spa services and facilities;
central meeting areas; programmed recreation or social facilities and activities;
communal garden spots; AARP Universal Design or other similar characteristics.
Minimal supportive services may also be offered to residents in senior apartment
facilities.
Continuing Care Retirement or Life Care Community - A residential community that
accommodates changing lifestyle preferences and health care needs and offers several
levels of assistance, including all of the following: independent living, assisted living
and nursing home care. It provides a written agreement or long-term contract between the
resident and the provider community which offers insurance of a continuum of housing,
services and health care, most commonly all on one campus, and frequently lasting for
the resident's lifetime.
Assisted Living or Personal Care FacilitX - A managed facility providing personalized
supportive services (personal care) to seniors who need help with the activities of daily
living. These facilities make available at a minimum, one daily meal and housekeeping
services, and also provides personal care directly or through a formal written agreement
with a licensed care agency or hospice. Personal care services are services typically
provided to individuals with infirmities or limitations and commonly includes assistance
with eating, bathing, dressing or walking as well as medication management, personal
laundry service and other individualized services. Personal care would not normally
include general transportation, social or recreational offerings nor exercise, salon or spa
services, although any of these services could be offered in addition to personal care.
Nursing Home or Rehabilitation Center - A licensed facility for chronic or convalescent
patients who have remedial ailments or other ailments for which continuing medical and
nursing care are indicated but who do not require general hospital care.
A-371, 5/08 Page 1 of 4
Board of Commissioners Meeting
08/04/2008
13-1-1
(Commentary: these categories and definitions are composites from several sources,
including the NC General Statutes, the NC Department of Health and Human
Services, retirement-living.com, seniorhousing.org, senioroutlook.com. The attempt is
to clarify the broad range of housing options emerging in today's aging society in
order to avoid confusion about uses or terminologies not described in our current
ordinance.)
SECTION 69.4-1
SENIOR LIVING OPTIONS
Certain senior living options will be permitted by right when the prescribed standards
outlined below are followed. Proposals which do not care to follow these prescriptions or
which desire to maximize possible density allowances within specific zoning districts
may alternatively be considered under normal special use permit requirements for high
density development. Any "bonus" features outlined in this section may not cross over
into a regular special use permit request for high density development.
Active Adult Retirement Community or Independent Living - Since this type of
development is most commonly a simple matter of segregating residents based on age
and not physical limitations, development proposals in this category shall not be
differentiated from other residential subdivisions or special use high density residential
proposals.
Continuing Care Retirement or Life Care Community -Since this type of development
provides a variety of residential units that accommodate older adults through the
continuum of changing needs, development proposals in this category shall be permitted
with standards as described below:
1. Minimum lot size: 20 acres
2. Parking requirements: 1.5 spaces per independent or assisted living unit plus
1 per employee on the largest shift at all facilities.
3. Density: Maximum density shall not exceed 8 living units per acre, not
including nursing home beds.
4. Maximum impervious area for the total development may not exceed 40% of
the net acreage.
5. Commercial uses in the nature of small, neighborhood shops may occupy up
to 2% of the net acreage.
6. Maximum height may not exceed 3 5 feet for single family structures or when
buildings are placed within 50 feet of single family residential lots or parcels.
7. Except as noted in item 6, above, maximum height may exceed 3 5 feet, up to
50 feet, when setbacks are increased to equal the proposed height of the
building. Heights greater than 50 feet may be considered for projects approved
under the special use permit process.
8. Public water and sewer must serve the site.
A-371, 5/08 Page 2 of 4
Board of Commissioners Meeting
08/04/2008
13-1-2
9. Open Space and improved recreational area shall be provided at a rate of 35%.
Improved recreation space shall be appropriate for seniors at all stages of
lifestyle transition, such as ADA accessible walkways, gardens, and parks.
10. Vegetative buffers of not less than 20 feet are required for all proposals.
11. Traffic impacts and required road improvements must be reviewed and
approved by the MPO and NCDOT. Frontage on an arterial or collector street
is required unless located in a Planned Development as described in Section
53.5-2 (7) (0) b.
12. All other local state or federal permits or authorizations.
(Commentary: This category includes built-in "bonus"features such as reduced
parking standards; high density without the time and expense of a special use
permit review as long as prescribed conditions are part of the proposal; option for
increased height; and option for minor commercial uses to be included. Projects
which do not conform to the prescribed standards may still apply for a special use
permit for high density development under the other existing provisions of Sec. 69.4
The impervious limits and open space requirements are the same as high density
standards in R-15 districts when special use permits are required. Permitted density
bonus is 75% of the maximum high density with SUP in R-15. Twenty acres is
roughly the size of the Brightmore complex in the city.)
Assisted Living or Personal Care FacilitX - Since this type of development provides
residential units to accommodate seniors in need of assistance with the activities of daily
living, development proposals in this category, not part of a Continuing Care
Retirement/Life Care Community, shall be permitted by right under the following
conditions:
1. Minimum lot size: 5 acres
2. Parking requirements: 1.25 spaces per living unit plus 1 per employee on the
largest shift.
3. Density: Maximum density shall not exceed 13 living units per acre.
4. Maximum Height shall be limited to 3 5 feet when buildings are placed within
50 feet of single family residential lots or parcels.
5. Except as noted in item 4 above, height may exceed 35 feet, up to 50 feet,
when setbacks are increased to equal the proposed height of the building.
Heights greater than 50 feet maybe considered for projects approved under
the special use permit process.
6. Public water and sewer must serve the site.
7. Maximum impervious area shall not exceed 50% of the net acreage.
8. Open Space and improved recreation space shall be provided at a rate of 20%
of net acreage.
9. Vegetative buffers of not less than 20 feet are required for all proposals.
10. Traffic impacts and required road improvements must be reviewed and
approved by the MPO and NCDOT. Frontage on an arterial or collector
roadway is required.
11. All other local state or federal permits or authorizations.
A-371, 5/08 Page 3 of 4
Board of Commissioners Meeting
08/04/2008
13-1-3
(Commentary: This category includes greater built-in "bonus "features such as
greater reduction of parking standards; higher density without the time and
expense of a special use permit review as long as prescribed conditions are part of
the proposal; option for increased height; and option for minor commercial uses to
be included. Projects which do not conform to the prescribed standards may still
apply for a special use permit for high density development under the other existing
provisions of Sec. 69.4 The impervious limits and open space requirements are the
same as high density standards in R-10 districts when special use permits are
required. Permitted density bonus is 75% of maximum under high density SUP in
R-10 districts.)
Nursing home/rehabilitation center -Since this type of development provides residential
care in a licensed institutional setting, the provisions of the ordinance outlined in Sec. 72-
9 of the ordinance apply. The number of beds approved should correspond to the number
of beds allocated to the applicant by an approved certificate of need.
(Commentary: The name of this use changes slightly from "nursing home and
personal care facility" to Nursing home/rehabilitation center. There has been
considerable debate about the scope of `personal care" in the current definition, and
several parties have suggested projects that bear no similarity to a licensed facility
providing personalized assistance to residents with limitations, but they wish to be
approved as personal care facilities under the highly institutionalized standards for this
use category. Therefore, we have shifted personal care into a new category which more
appropriately aligns that term with assisted living. The ordinance adequately deals with
this type of development. Except for the change in name and tying the approval to the
number of beds in the cert~cate of need, this use and its standards would remain the
same as now.)
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether the action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public
interest."
EXAMPLE:
The County Commissioners find that this request for zoning text amendment is (or is not):
1. Consistent with the purposes and intent of the land use policies, particularly Policy
17.2.4 adopted in the 2006 land use plan;
2. Reasonable and in the public interest to define and create standards for the range of
senior housing options that are beginning to present themselves for development in
New Hanover County.
A-371, 5/08 Page 4 of 4
Board of Commissioners Meeting
08/04/2008
13-1-4
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
REGULAR
ITEM: 14
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe
CONTACT(S): Chris O'Keefe
SUBJECT:
Public Hearing
Text Amendment (A-372, 6108) -Request by David Ward to Amend Section 72-31(6) of the Zoning
Ordinance to Allow Dry Stack Storage in Residential Districts Only as Part of a New Development and
to Remove the Term "Abutting" from the Setback Requirements
BRIEF SUMMARY:
The Planning Board discussed this item at their June 5, 2008 regular meeting and June 18, 2008 work session
before taking action. At its July 3, 2008 meeting the Board voted 4-2 to recommend the amendments as
requested. Several people spoke in favor of the request. One person spoke against it.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
NCGS 153A-341 requires that the governing board shall adopt a statement describing whether the action is
consistent with an adopted comprehensive plan and explaining why the board considers the action taken to
be reasonable and in the public interest.
Planning Staff recommends :Motion to APPROVE the zoning text amendment based on finding the request
is: 1. Consistent with the purposes and intent of the associated land use policies adopted in the 2006 land
use plan; 2. Reasonable and in the public interest to protect residential areas from negative effects of dry
stack storage associated with marinas allowed under special use permits.
Option 2: Motion to DENY the request because it not consistent with the purposes and intent of the land use
policies and/or is not found to be reasonable and in the public's interest.
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
ATTACHMENTS:
A-372 Staff Summary
Wilson letter
A-372 Applicant materials
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Board of Commissioners Meeting
08/04/2008
14-0
COMMISSIONERS' ACTIONS:
A motion to approve text amendment as proposed by staff on page 14-1-2 was approved 3-1, Chairman
Greer voting in opposition.
Board of Commissioners Meeting
08/04/2008
14-0
A-372, 6/08
TEXT AMENDMENT
APPLICANT: David Ward
PLANNING BOARD ACTION: The Manning Board discussed this item at them June
5, 2008 regular meeting and June 18, 2008 work session before taking action. At its
July 3, 2008 meeting the board voted 4-2 to recommend the amendments as requested.
Several people spoke in favor of the request. One person spoke against it.
AMEND SECTION 72-31-Commercial Marina, Subsection (6) Dry stack storage
The applicant proposes the following: (New text is underlined. Deleted language is
struck through.)
(6) Dry stack storage as an accessory to a marina may be allowed only as
part of new residential developments or in a B-1 zoning district. ~rra
~~e~t~a~-e~~-rz~t~c~ Drv stack storage must be clearly
identified on the approved site plan and described in the findings of fact.
Additional buffers or screenings will be required to mitigate noise, light
and dust impacts on surrounding properties. (1/7/08)
a. Setbacks for dry stack storage from any ~g residential
property line shall be not less than 2.75 times the height of the
structure if enclosed or the highest point of a stored vessel if
unenclosed. (1/7/08). In no case may the setback be less than
the requirements of the underlvin~ zoning district.
b. Appearance of stacked storage should retain the character of
the surrounding residential areas and provide opaque
vegetative buffers to reduce visual impacts. (1/7/08)
c. Projects shall be designed so that the use of noise-generating
activities, such as large marine forklifts, boat haul out or boat
repair approved as part of the special use permit will be located
as far away from residential structures as feasible to lessen
impacts on the residential quality of life. (1/7/08)
STAFF COMMENTS:
1- By their nature, ordinance amendments apply to proposals approved after
adoption of the rule, so there is no need for a date reference. At the work session
we spoke about removing the date reference.
2- At the work session the board spoke at length about the pros and cons of
removing the term "abutting. " It was noted that the change would make the
setback apply even if the project were separated from residential property by a
road or other non-residential situation. If that is not the intent, the "abutting"
term should stay.
3- The addition of the reference to setbacks not being less than the requirements of
the underlying zoning district were suggested by the Chief Zoning Official.
A-372, 6/08 Page 1 of 2
Board of Commissioners Meeting
08/04/2008
14-1-1
Webster's definition:
Abut - To touch along a border or with a projecting part. To terminate at a point of
contact.
Staff Recommendation:
Staff supports the original proposed language presented at the work session with the
removal of the word "abutting" as described below. However, staff believes the special
use permit process allows ample opportunity for decision makers to review and consider
appropriateness in existing residential communities. Staff would allow for dry stack
storage in existing communities if approved according to the ordinance language and
through the public hearing process. Therefore the following language is recommended
by staff:
(6) Dry stack storage as an accessory to a marina may be allowed in a
residential or B-1 zoning district. Dry stack storm must be clearly
identified on the approved site plan and described in the findings of fact.
Additional buffers or screenings will be required to mitigate noise, light
and dust impacts on surrounding properties. (1/7/08)
a. Setbacks for dry stack storage from any ~g residential
property line shall be not less than 2.75 times the height of the
structure if enclosed or the highest point of a stored vessel if
unenclosed. (1/7/08). In no case may the setback be less than
the requirements of the underlvin~ zoning district.
b. Appearance of stacked storage should retain the character of
the surrounding residential areas and provide opaque
vegetative buffers to reduce visual impacts. (1/7/08)
c. Projects shall be designed so that the use of noise-generating
activities, such as large marine forklifts, boat haul out or boat
repair approved as part of the special use permit will be located
as far away from residential structures as feasible to lessen
impacts on the residential quality of life. (1/7/08)
ACTION NEEDED:
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether the action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public
interest."
EXAMPLE:
The County Commissioners find that this request for zoning text amendment is (or is not):
1. Consistent with the purposes and intent of the associated land use policies adopted in
the 20061and use plan;
2. Reasonable and in the public interest to protect residential areas from negative effects
of dry stack storage associated with marinas allowed under special use permits.
A-372, 6/08 Page 2 of 2
Board of Commissioners Meeting
08/04/2008
14-1-2
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~axo~a Mrir~ ~.~ '~~ lu, ~~ ~ a ~P~~] ~o ui ~ ~~ oa~o~~i~i
n~~~.~vr ire n oi~~in ~~~dn~ia~ ne~g~.xod, e ~.~ ~~ ~~ ~ dr~r~t~c ~ora~ i
~~p~o~r~~~e ~d l only ~~ ~~~~~~~ to our ~~h~or~oo~, '~.i~ f~li~y ix grin
in~~~d au~on~o~~~ try, noi, ~~~r, enonen~ ~ards~ d ~ol~ o~
o~~~ to , ~~~ aria v~~o o~ ~o~~n~ia~iy ~aus~ ~ to our o.~~~or~.ood.
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~~ou~d nog b~ 1~0~.
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~orae c~i~i~s ire ~cs~den~i~ r~i~k~o~s~
'~ you a~ ~~ cosxti~r~t~a~n~
Dan and Flo ~Jtliison
Board of Commissioners Meeting
08/04/2008
14-2-1
I, I;
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Board of Commissioners Meeting
08/04/2008
14-3-1
1
11L1a1\ lJa ~~~K]iIRE.IL} 3~~
i~~~LL~.B~~ QU~'H. N~'~'
w~~rAr~~~L~~~.N~'~
dune ~, ~O~S
~?'T ~ '~'~71 TT_
~`ew ~ano~er Counter ~~.ar~r~,~,n~ Boar
~.e : Pra~ose~ ~~~ ~men~.ment
~r~ t~o~ storage farina
~~.~ P1ann~.ng Bo~.r~ Members
~ailL~ ~Lt37i~~; rn
T~~ox~: 810~~8~#747
~+'AC~~'r: 91f?-~~~- 757
The abo~re~re~erenoe~, pro~OOSed ~~ amendment regarding ~.
stag storage ~DS~ marinas in res~dentia~. c~istr~iots ~. on Maur
agen~.a for dune 5, X008, on behalf o~ Da~r~d ~Tard rho pro~osec~ the
test ~.mendment ~ of f er the f ~~ ~.ow.ing comments
The purpose o~ the ~ro~aosal. zs to i~np~.em,ent the a~arent
intent o~ recent amendments concerning setbacks ~~. new dr~r stank
storage faoil~~.ties in ex~.sting~ res~.~.ent~.a~. communities . The recent
amendment arose out of proposal by ~a~~rid ward to prohibit Ds ~.n
resi~.entia~. districts . The ~roposa~. was considered by the ~~.ann~.ng
~3oard in ~ workshop. ~ a result o~ the discuss~.ons in the wor]~sho~,
the P~.anning staff de~velo~e~. an al.ternati~re to the or~~ina~ ~ropos~~. ,
s~~~ B~s~~ oN H~~`~
The ~1~nning staff a~ternat.i~re left DSO as ~ use peritted
b~ s~ec~.a~. hermit ~n resident~.a~. districts but ad~.ed a~.ditiona~
sta.ndax~ds that DSO must meet which inc~.udec~:
"~, etbao}~s for dry storage from an~r abuttanc
residential. ~ropert~r line shall not be less than . 75
ties the height o~ ~ the structure ~.~ enclosed or the
highest point of ~ stored vessel ~,~ unenclosed.~'
ubsequently- it has become apparent that the intent of
creating ~ ade~ute setb~c~ between ~ ar~~. resident~.al uses has not
been met aocoding to the P~.a~n~.n sta~~ r s interpretation off' the
recent aendment, The use of the words "~.buttin reident~.al
property ~ ine i~ has been interpret e to mean that i ~ ~ I~,~ ~. s next to
a 2~' street th~.t separates it from ~, residentii lot, the height
Board of Commissioners Meeting
08/04/2008
14-3-2
based setback does not ap~~r at ~~ . ~'nder this ~,nter~retation a ~~
~.~.~ Dss that wo~u~.d nor~~,~y he setback 1~~,' dram ~ resident~.a~. dot
wou~.d on1 have to be setback 3~ ~ from the lot . ~0' o~ road ~~~. ~.
~.D Y setback from the road} .
The current proposal to de 1 ete the word . ~~ abaft ing ~~ wi ~. ~.
ach~.e~e the intended result off' the earl ~,er amendment and wild. cr
Bate
~n adequate dist~.nce between ~ to ~,1 ~ lac i ~. ity and a Heath
res~.dent~.aX ro ert whether the resid ~
~ ~ ent la1 ~ro~ert~r ~. s separated bar
~ road, ~~. a~. lei, ~. edest~ian bath or other common area , Thy. was
the aarent intent o~ the ear~.ier amendment because the basis of the
earl~ex~ amendment was a si~ni~.ar pro~rision that requires a hei ht
~'
based setback between resident~.a1 and commero~,a~. f ind~.strial
districts. T~ a dr~r stack was constructed as ~, matter o~ right ~, an
i~.dustrial district which bordered a residential d~,str~.ct, the ~~,
would ha~re to be setback ~.~ ~' from a~,y ~ropert~r includ~.n~ a road or
~.ot in ~. residential d~.strict under section ~9 . ~.~. o~ the Bonin
ordinance.
PR~TST~`TON E~c~PT T~' E~ ~~ST~~TT~ DE~'~OF~Ts
~t the B~.ann.ing Board workshop and in the subse uex~t
~1~.nnin Bos.rd meet~.n one or m ~ ~
~, ore Planning ~oax~d meters ~nd~.catsd
that ~ prohibit.ion o~ Dss in reside,ta.a1 districts might be too
restricti~re because an owner might want to incorporate a Dss aci~.it
~.n a new de~elopmer~t where the reident~,aZ purchasers would know o~
the proposal ~ae~ore buying nearby residential property withzn the
de~re~.op~nent . ~ccordinly, the Planning sta~~ and subsequently the
~le.nn~.ng Board, suggested addit~.onal standards and considerat~.ons for
~ rather than are absolute prohibit~.on in residential. districts.
whi~.e the county commissioners did not explaa~n their position in the
sane detail as the Planning Board, one or more o~ the om~nissioners
did indicate that they rel~.ed on the P1a~.ning Board recamrnendation o~.
this complicated issue . The current proposal. w~.~.l a~roid the
undesirable situation o~ ~orc~.ng a Ds ~acilit~y on art exist,ir~
neighborhood which doesn't want ~.t, wh~.le al.~.owxng such a faci~,it in
a new de~re~.opn~ent where the residents elect to purchase their
property knowing o~ the e~isten,ce of the Dss facility.
sT~FF ~NIl~~TS
The sta~~ has provided an alternat~.~re which would c~.ar~.~~r
the proposal originally made by Mr . ward. l~r. ward has no obj ect~.o~
to the staff' proposal. with the possible editorial change to the Last
sentence follows: ~~... as part o a proposal for a new unified
re i dent i ~. ~. de~e ~. opt~ent . ~~
~'RcTI,~~, AFFECT
The pr~.ctical e~~ect o~ the amendment would be to protect
existing re~.dential areas from unwanted dr~r stack stora e
operations . ~~ ~ residential ne~.ghborhood was i~ u~aport o~ such an
operation for e~ren x~ they were not in support} the owner could
request rezoning into conditional use district where such use cau~.d
be pert~itted. The a~rail.able districts wou~,d be PD, 8~~, ~-~, I~~. or
Board of Commissioners Meeting
08/04/2008
14-3-3
- ~ .T~e ~~ ~.r~.~ng ~o~.d ~~ ~~. o~mmi ~ a~~ne~ could. s~ ~ 11 ~~~~~re
u~~ ~a~~,~.i~,i~ i~ ~~e~r domed ~~m ~~~opr~~,te.
~~ i repee~~~.ll~r ~~qu~e~ed. ~~.t ~.~ ~~.~nn~.~.g ~e~d.
r~commen~. ~o tie ~oun~~r amrni~.on~ the ac~etion o~ ~e ~~e~osec~
~medmer~ to eeio~ 72 . ~1 ~s pr~o~se~ y D~~r.~c~ ~~d or ~ p~~oed
ur~d.ex~ ~e ~~.~'f or~mer~~ ~~se~~~d to the Beard,
ir~eerel,
G~~E~~, R~fiB~, L . L . ~ .
1 '" h
~1R : d~
~AR~environ~R~7-X75-C02
Board of Commissioners Meeting
08/04/2008
14-3-4
TEXT AMENDMENT
~~~~.inton, ~ ~ ~-a
9~Q-~~-~~5 phone
/ ~ Vw~/ V-7D fix
.nhc~ao~.
' UBN~~~~ON ~~ fJI~E~N~'
nnnn.mnnnir._.-- .................... iii iiiiunnnnnin
~ Petition rrzut be re~ie~red by the plan~in~ Departrricnt for ce~r~p~eten.es prior to accepta~.ce. ~ 4~0.~~
fee payable to Nevi anovcr ounty~acco~pany the petition. No suppie~~nental ~nformat~an 1~
required as part of the application. ~oe~er, the Pinning I]epartment, Piar~ning Board, and Board of
aunty on~n~isianer~ resee the r~ht to require add~t~onal ~nfor~~ation, if seeded, to auro that the
proposed text a~x~ende~at i in accordance with aid o~unt plan and po~ic~es.
~ Petitions far ~ text an~end~x~ent are first refc~Ted to the New ~ano~er ount~ Panning Board a~ad then
acted upon. by the ~e ~ano~ver bounty Board of o~n~n~loners.
~ ornpiete petitions and supplemcnta~'y information mutt ~e accepted ~~ the P~ann.in~ ~epart~nent
twenty ~~~~ r~org days bofore the Panning Baard ~aaeeting to al~or adequate tine for pracessing
and ad~ert~ernent ~ required by the forth araina anera~ tatutc~. .
~ Plann.~ng Board. meeting are held at :~~~ in the o~nis~aner's ~ssebl~r born in the old Jaunty
Courthouse, at Third and P.ncess streets, llmington, forth Carolina, an. the first Th~rday of each
lnonth.
~ ~~'the Panning Board approve your potation, tha request ~~1~ auton~atica~ly be referred to the Board of
~O~nt~ Can~missroners. ~f your petition is denied, you may appeal to the Board of orn~xaiss~oners. The
Piannin ~epartrr~ent can advise you regarding appeal procedures.
~~~PED ~~+ T ~~~ attach additional ~hee~~ i~ ne~essar
14 - 3 - 5 ~ ~-`~~~'~
~~
~. s~ba~~ ~~s ~~ y ~-f-~u s~~,~.~.~ ~~~~~, ~~y
-~-c.,~ a. ~ ~ t-~ r11eI Tt~e ~~l~~C~ b~ 't"wo
~'~w~z.~'~cR~e i ~ eKC~ose~L ocr `~ ~'~y~.e~`~ ~Jtii~~
d'F c~ ~~v~eQ f~~S~S-e l t~ tti~l2Gtc~(vSR~
Board of Commissioners Meeting
08/04/2008
14-3-6
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
REGULAR
ITEM: 15
DEPARTMENT: Planning PRESENTER(S): Chris O'Keefe
CONTACT(S): Chris O'Keefe
SUBJECT:
Public Hearing
Text Amendment (A-373, 6/08) - Request by Staff to Amend Section 59.4-2 of the Zoning Ordinance to
Clarify the Applicability of the Conservation Overlay District (COD)
BRIEF SUMMARY:
This item was discussed at the June 18, 2008 Planning Board work session and action was taken at the July
3, 2008 regular meeting. The Board voted 6-0 to recommend approval of the amendment. No one from the
public spoke on this item.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
NCGS 153A-341 requires that the governing board shall adopt a statement describing whether the action is
consistent with an adopted comprehensive plan and explaining why the board considers the action taken to
be reasonable and in the public interest.
Planning staff recommends: Motion to APPROVE the proposed text amendment to clarify the intent of the
COD ordinance and further the goals of the Conservation and Resource protection sections of the
comprehensive plan.
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
ATTACHMENTS:
A-373 Summary
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Approved 4-0.
Board of Commissioners Meeting
08/04/2008
15-0
A-373, 7/08
Text Amendment Applicant: Staff
Request by staff to add language clarifying the applicability of the Conservation Overlay
District. This item was discussed at the June 18, 2008 work session.
PLANNING BOARD ACTION: This item was discussed at the June 18, 2008
Planning Board work session and action was taken at the July 3, 2008 regular
meeting. The board voted 6-0 to recommend approval of the amendment.
New wording is underlined. Deleted language is struck through.
CONSERVATION OVERLAY DISTRICT
59.4-2: Applicability -The development and improvement of property, including the
' division of land, shall be subject to these performance controls if the parcel
of record is located wholly or partially within a COD and if conservation resources, as
specified in Section 59.4-3 are associated with the parcel on record as of December 1,
1984, the effective date of this ordinance. However, the following uses on lots of record
as of December 1,1984 shall be exempted from these controls:
(1) The development of one single family home detached structure, one residential
duplex, or the location of two or fewer mobile homes on a parcel or lot of record
as of December 1, 1984.
(2) Commercial, industrial, office or institutional development on lots of record as of
December 1, 1984 and involving a land disturbance of less than 1 (one) acre in
area.
(3) The development or s~e~ division of a parcel of record as of December 1,
1984 that meets both of the following conditions:
(A) No part of the development or s~division shall be located within
a distance equal to or less than the setback distance (specified in
Section 59.4-5) of any conservation resource or space existing on the
parcel or on a contiguous parcel of record.
(B) No part of the development or s~division shall be located on any
portion of the parcel that is part of the upper drainage basin for any
conservation resource or space on the parcel or within the specified
setback on a contiguous parcel of record.
Staff Recommendation:
Staff recommends that the proposed amendment be adopted clarifying the intent of the
COD ordinance and furthering the goals of the Conservation and Resource protection
sections of the comprehensive plan.
ACTION NEEDED:
Board of Commissioners Meeting
08/04/2008
15-1-1
Adopt a statement in accordance with NCGS 153A-341 which requires that "prior to
adopting or rejecting any zoning amendment, the governing board shall adopt a statement
describing whether the action is consistent with an adopted comprehensive plan and
explaining why the board considers the action taken to be reasonable and in the public
interest."
EXAMPLE:
The County Commissioners find that this request for zoning text amendment is (or is not):
1. Consistent with the purposes and intent of Policies in the 2006 CAMA Land Use
Plan;
2. Reasonable and in the public interest to clarify the limitations of exemptions from
provisions of the Conservation Overlay District so that resources are not lost or
damaged because of loopholes or vagaries in the ordinance.
Board of Commissioners Meeting
08/04/2008
15-1-2
This page intentionally left blank.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
REGULAR
ITEM: 16
DEPARTMENT: Planning PRESENTER(S): Sam Burgess
CONTACT(S): Sam Burgess
SUBJECT:
Public Hearing
Road Closing (SC-85, 5108) -Request by the New Hanover County Airport Authority to Close a 900'
Portion of the Old Winter Park-Wrightsboro Road (also known as John Morris Road) Located Near
the Intersection of North Kerr Avenue and John Morris Road
BRIEF SUMMARY:
The New Hanover County Airport Authority has petitioned the County to close a 900' portion of Old Winter
Park-Wrightsboro Road. In accordance with NCGS 153-A-241, a Resolution of Intent to close a road must
be adopted by the Board of New Hanover County Commissioners prior to scheduling a public hearing. This
Road Resolution was adopted by the Board on June 16, 2008.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Planning Staff recommends approval of the road closing if the airport complies with the following
conditions:
1. A 30' utility easement be placed across the road;
2. The airport will undertake reasonable maintenance efforts;
3. The airport will provide access to the cemetery during daylight hours, Monday through Sunday;
4. The cemetery be enclosed by a permanent fence that provides access.
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
ATTACHMENTS:
SC-85 Staff Summary
SC-85 adjacent property map
SC-85 Joan Kerr Brown letter
SC-85 Acorn Branch cemetery records
SC-85 aerial
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Board of Commissioners Meeting
08/04/2008
16-0
The road closing was approved 3-1, Commissioner Kopp voting in opposition, with the conditions
recommended by Planning Staff and additionally:
1) The airport will undertake reasonable maintenance efforts, guaranteed in writing;
2) Access guaranteed in approximately 20 minutes and a log kept to record times;
3) Letters will be sent to those interested with instructions on how to schedule appointments to visit in
advance.
Board of Commissioners Meeting
08/04/2008
16-0
CASE: SC-85, 05/08
APPLICANT: New Hanover County Airport Authority
REQUEST: Close a Portion of Old Winter Park-Wrightsboro Road (also known as John Morris Road)
LOCATION: Near Intersection of North Kerr Avenue & John Morris Road
Background Information
The New Hanover County Airport Authority has petitioned the County to close a 900' portion of
Old Winter Park-Wrightsboro Road. The improved road contains a 60' right-of-way and is located
approximately 562 `west of the intersection of North Kerr Avenue and John Morris Road (SR 1353). A
site map depicting the portion of the road to be closed is attached. In accordance with NCGS 153-A-241,
a Resolution of Intent to close a road must be adopted by the Board of New Hanover County
Commissioners prior to scheduling a public hearing. This Road Resolution was adopted by the Board on
June 16, 2008.
Staff Comments
As depicted on the site map, the improved road right-of-way known as Old Winter Park-
Wrightsboro Road adjoins property owned by the Wilmington International Airport. County Fire Services
has indicated that they do not have issues with the proposed closing. County Engineering staff also does
not have issues with the road closure providing that access is provided to the cemetery located near the
end of the road. The Cape Fear Public Utility Authority (CFPUA) recommends that a 30' utility easement
be placed across the road.
The cemetery is owned by the Methodist Conference and is located near the northeast terminus
of the road. As requested by the Board, approximately 37 graves (marked and unmarked) exist on site -
see attached page of list. Information provided to the local Methodist Conference and family
descendent indicated that they did not have any concerns about the road closure provided access to the
site.
The Acorn Branch cemetery as it is also known has been surveyed and is on record with the NC
Division of Archives and History. This cemetery is of local historical interest with gravesites of members
of the Kerr and Westbrook family who were large landowners, well known truck farmers and an early
county commissioner.
The New Hanover County International Airport has provided the following information:
1) The Airport Master Plan with the FAA shows the area around the cemetery enclosed inside the
airport perimeter fence for security, aircraft safety, and future hanger development. ILM does
not intend to relocate the cemetery. All future development will work around the cemetery.
2) The fence project isa FAAfundedgrant, and they knows cemeteryexists in thearea.
Board of Commissioners Meeting
08/04/2008
16-1-1
3) The (Transportation Security Administration (TSA) supports the fence project as well.
4) The airport will have a sign on the gate at Morris Road that will provide a phone number to
Airport dispatch (341-4336) in the event acitizen/family member wishes to visit the cemetery.
During daylight hours, the airport will provide access to the cemetery. An airport employee will
be sent to open the gate and escort the visitor to the cemetery.
5) The airport will continue to maintain the cemetery because the original owner (Methodist
Conference) does not wish to.
6) Until 2006, the airport had four (4) employees living along Morris Road. In the 5 years they
occupied the area, they did not witness any visitors to the cemetery.
While the proposed road closure does not land lock nearby residential property, it would land lock
the Acorn Branch cemetery thus staff recommends that the airport undertake reasonable maintenance
efforts including cutting grass, trimming shrubbery, removing weeds, and fallen tree limbs periodically.
In efforts to preserve the cemetery, no heavy machinery shall be used in conjunction with maintenance
of it. Planning Staff also recommends that the cemetery be enclosed by a permanent fence that allows
access for visiting relatives and perpetual care. The enclosure should include a modest buffer zone (10-
20feet) around the core area. Additionally, reasonable efforts should be made by the airport to restore
the small wrought iron fence that encloses the Westbrook graves.
If these maintenance methods can be achieved by the airport, staff recommends approval of
the petitioner's request.
Board of Commissioners Meeting
08/04/2008
16-1-2
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and of Commissioners Meeting
08/04/2008
From: turroost@bellsouth.net [mailto:turroost@bellsouth.net]
Sent: Monday, July 21, 2008 8:51 AM
To: Crichton, Karyn
Subject: Acorn Branch Cemetery
Dear Karyn,
Thank you for the information you e-mailed me concerning Acorn Branch Cemetery.
After reviewing the map and application, a road directly from Kerr Ave.. to the edge of the
cemetery would not be advisable. In retrospect, probably the main reason this particular
cemetery has escaped vandalism is due to its seclusion. If a direct road was constructed from
Kerr with an unlocked gate, this easy accessibility may simply invite trouble. As there will
probably not be that many visitors to this cemetery, an airport escort would be ideal for visiting
the site. If it is okay, I would like to visit Acorn Branch again, before the road is officially
closed, in order to photograph all the headstones for my personal records.
The preservation of all our county cemeteries should continue to be a concern to New Hanover
County. My family appreciates the Airport's future maintenance of Acorn Branch without the use
of heavy machinery that would, in time, deface/destroy the headstones.
According to his obituary dated June 11,1928, in the "Wilmington Morning Star", Joseph T.
(Theophilus) Kerr served as a county commissioner from 1908 until 1916 and represented New
Hanover County in the N. C. State Legislature during the session of 1891.
Also, there are three documented names I would like to add to your gravelist for Acorn Branch
Cemetery:
James Angus Kerr b. 22 Jan 1846 d. l2 Apr 1921
Anna Bertha Kerr b. 25 Feb 1872 d. l6 May 1904
William James Kerr b. l5 June 1873 d. 20 Oct 1921
Again, thank you for contacting me. Hopefully you will enjoy your new j ob in preserving the
county cemeteries and the history that goes with them.
Sincerely,
Joan Kerr Brown
3 600 Angus Dr.
Castle Hayne, NC 28429
Phone: 602-7742
Board of Commissioners Meeting
08/04/2008
16-3-1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
REGULAR
ITEM: 17
DEPARTMENT: Planning PRESENTER(S): Sam Burgess
CONTACT(S): Sam Burgess
SUBJECT:
Public Hearing
Road Closing (SC-86, 6108) -Request by LS3P to Close a 670' Portion of Point Harbor Road Located
Near the Western Foot of the Holmes Bridge, South Side
BRIEF SUMMARY:
LS3P has petitioned the County to close a 670' portion of Point Harbor Road. In accordance with NCGS
153-A-241, a Resolution of Intent to close a road must be adopted by the Board of New Hanover County
Commissioners prior to scheduling a public hearing. This Road Resolution was adopted by the Board on
July 7, 2008.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Planning staff recommends approval with the utility easement as recommended by the CFPUA.
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
ATTACHMENTS:
SC-86 aerial
SC-86 adjacent property map
SC-86 Staff Report
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
COMMISSIONERS' ACTIONS:
Approved 4-0.
Board of Commissioners Meeting
08/04/2008
17-0
Non- Public Hearing Item
SC-86, 06/08
Resolution of Intent to Close/Abandon a Portion of Point Harbor Road
Petitioner: LS3P
Location: Near Western Foot of the Holmes Bridge, East Side
General Comments
LS3P has petitioned the County to close/abandon a portion of Point Harbor
Road (SR 2142). The improved road is approximately 670 feet in length
with aright-of-way width that varies from approximately 130 feet to
approximately 50 feet. The road is located near the Holmes Bridge and also
is adjacent and parallels U.S. Highway 421 North. A site map depicting the
area to be closed/abandoned is attached. In accordance with NCGS 153-A-
241, aResolution of Intent to close a road or easement must be adopted by
the Board of County Commissioners prior to scheduling a public hearing.
Staff Comments
As shown on the site map, the improved road right-of-way of Point Harbor
Road is adjacent to a newly rezoned RFMU project called Point Harbor
Marina (approved by the Board in March, 2008). The segment of the road
that spurs off the main portion of Point Harbor Road is an old remnant of
U.S. Highway 421. According to the petitioner, the dead end section of the
road needs to be closed/abandoned to accommodate the new Point Harbor
Marina project. County Engineering, County Fire Services, the Cape Fear
Public Utility Authority, and NCDOT staff have not evaluated the petition
during the road resolution process.
If the Resolution of Intent to close/abandon a portion of Point Harbor Road
Is adopted by the Board of County Commissioners, a public hearing on the
matter would be scheduled for August 4, 2008. At the public hearing,
eventful information will be provided from County Engineering, the Cape
Fear Public Utility Authority, and NCDOT pertaining to the proposed
closure.
Board of Commissioners Meeting
08/04/2008
17-1-1
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
MEETING DATE: August 4, 2008
REGULAR
ITEM: 18
DEPARTMENT: County Manager PRESENTER(S): David F. Weaver
CONTACT(S): David F. Weaver
SUBJECT:
Consideration of a Resolution to Establish a Solid Waste Advisory Board
BRIEF SUMMARY:
At the July 21, 2008 County Commissioners meeting, Commissioner Kopp proposed that the County
Commissioners adopt a resolution to establish a Solid Waste Advisory Board (SWAB) that would review
information and proposals presented by three solid waste companies and the County's Department of
Environmental Management at the May 19 County Commissioners work session. The SWAB would then
develop recommendations for the County Commissioners to consider for future management of the County's
solid waste program.
Commissioner Kopp also proposed that the SWAB be composed of five members, with each County
Commissioner appointing one member. County staff suggests that, if the Board wishes to form the SWAB,
that members be appointed at the August 18 meeting, and that the SWAB be charged with presenting
recommendations to the Board of Commissioners by the Board's December 15, 2008 meeting.
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends that the Board consider adoption of the attached resolution.
Above action will result in: New Position(s)
Position(s) Modification Or Change
No Change in Position(s)
ATTACHMENTS:
Resolution -Solid Waste Advisory Board
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Consider resolution.
COMMISSIONERS' ACTIONS:
Adopted the resolution, encouraged individuals interested in serving to submit an application to the Clerk's
office, and directed staff to amend resolution to include language to guarantee that those appointed may not
be in the business or receive any financial benefit by serving, by a vote of 4-0.
Board of Commissioners Meeting
08/04/2008
18-0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION ESTABLISHING A SOLID WASTE ADVISORY BOARD
WHEREAS, the New Hanover County Board of Commissioners is committed to establishing a
solid waste management program that will provide economically effective means for solid waste
management in an environmentally sound manner; and
WHEREAS, three solid waste companies and the New Hanover County Department of
Environmental Management presented excellent proposals and information concerning solid
waste management on May 19, 2008; and
WHEREAS, New Hanover County residents and decision-makers are placing greater and
greater emphasis in the use of "green" technology and practices in all aspects of community
living; and
WHEREAS, New Hanover County has an outstanding resource of citizen volunteers with
expertise, insight, and experience in solid waste management.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners establishes a Solid Waste Advisory Board with the following parameters:
1) To be composed of five members, with each County Commissioner
appointing one member at the Board's August 18, 2008 meeting.
2) To review all relevant information and to present recommendations on the
future management of solid waste for the County to the Board of County
Commissioners on or before the Board's December 15, 2008 meeting.
3) To examine all such information and recommendations within the context of
environmental and economic consequences.
ADOPTED this the 4th day of August, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Board of Commissioners Meeting
08/04/2008
18-1-1