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Agenda 2018 10-25 Special MeetingAGENDA NEW HANOVER COUNTY BOARD OF COMMISSIONERS Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC Special Meeting WOODY WHITE, CHAIRMAN - SKIP WATKINS, VICE- CHAIRMAN JONATHAN BARFIELD, JR., CONN➢SSIONER- PATRICIAKUSEK, COMMISSIONER- ROB ZAPPLE, COMMISSIONER CHRIS COUDRIET, COUNTY MANAGER- WANDACOPLEY, COUNTYATTORNEY- KYMCROWELL, CLERK TO THE BOARD OCTOBER 25, 2018 4:00 PM PLEASE NOTE: The Special Meeting will take place in the government center training rooms, 230 Government Center Drive, Suite 135. MEETING CALLED TO ORDER (Chairman Woody White) APPROVAL OF CONSENTAGENDA ESTIMATED REGULARAGENDAITEMS OF BUSINESS MI NUTES 30 1. Public Hearing Text Amendment Request (TA18 -04) — Request by New Hanover County to Amend the Zoning Ordinance to Allow for Temporary Relocation Housing for Displaced Persons as a Result of Natural or Other Disasters PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes ESTIMATED ADDITIONAL AGENDA ITEMS OF BUSINESS MI NUTES 2. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 3. ADJOURN Note: Minutes listed for each item are estimated, and if a preceding item takes less time, the Board will move forward until the agenda is completed. M ission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Board of Commissioners - October 25, 2018 Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity -Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - October 25, 2018 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: October 25, 2018 DEPARMVI NR Planning PRESEVMgS): Ken Vafier, Planning Manager CONINCT(S): Ken Vafier and Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing Text Amendment Request (TA18 -04) — Request by New Hanover County to Amend the Zoning Ordinance to Allow for Temporary Relocation Housing for Displaced Persons as a Result of Natural or Other Disasters 1:1:71 y Will►I lU M Staff has prepared an amendment to the Zoning Ordinance to permit temporary relocation housing for persons displaced as a result of a disaster during an event's recovery period. While the Zoning Ordinance does contain some provisions for certain types of temporary buildings and uses, temporary relocation housing is not specifically addressed. The proposed text will provide clarity on the permitted housing options and their accompanying requirements when a disaster occurs. The options for temporary relocation housing will be enabled as the result of a federal Disaster Declaration where public or individual assistance is made available, or as determined by the County Manager. Units will be allowed to remain for a duration period of 12 months from the date of the declaration, unless extended by the Board of Commissioners. The proposed text is consistent with the NHC Emergency Operations Plan that suggests temporary housing options be identified and permitted. This amendment would allow temporary relocation housing in all zoning districts by- right. The housing units may consist of temporary housing types such as manufactured homes, travel trailers or recreational vehicles, tiny homes, or other temporary units on an individual lot, or as multiple units grouped in a community setting. In addition to compliance with the zoning regulations prescribed in the draft language, temporary relocation housing must also adhere to any applicable code requirements. The Planning Board considered this request at their October 17, 2018 meeting At the meeting, no one from the public spoke in support or in opposition to the request. 'Ihe Board recommended approval of the request (5 -0), concluding that it is: 1 . Consistent with the purposes and intent of the 2016 Comprehensive Plan because it allows for a range of short -term housing types to be available to displaced persons affected by a disaster during the recovery period. 2. Reasonable and in the public interest because temporary housing is necessary for residents to return to the community, repair their properties, and resume their lives; and a short-term allowance of safe and temporary housing options is critically needed. STRATEGlC PLAN ALIGNVU f: hitelligent Growth and Economic Development Board of Commissioners - October 25, 2018 ITEM: 1 • Build and maintain infrastructure • Implement plans for land use, economic development, infrastructure and environmental programs • Understand and act on citizen needs MOTION AND REQUESTED ACTIONS: Staff recommends approval of the requested amendment as stated in the Planning Board action and suggests the following motion: Motion to approve the amendment, as the Board finds that this request as described is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it allows for a range of short -term housing types to be available to displaced persons affected by a disaster during the recovery period. 2. Reasonable and in the public interest because temporary housing is necessary for residents to return to the community, repair their properties, and resume their lives; and a short -term allowance of safe and temporary housing options is critically needed ATIACTAIEVIS: Script for BOC TAI 8 -04 Staff Summary BOC Community Comments Cover Sheet WCFHBA Letter of Support COC Letter of Support NHRMC Letter of Support COUNTY MANAGER'S COMMEVIS AND RECONAIENDATIONS: (only Manager) Recommend approval as presented by staff. COMNIISSIONHRS' ACTIONS: Approved 5 -0. Board of Commissioners - October 25, 2018 ITEM: 1 SCRIPT FOR Zoning Ordinance Text Amendment JAI 8-04) Request by New Hanover County to amend the Zoning Ordinance to allow for temporary relocation housing for displaced persons as a result of natural or other disasters. 1. This is a public hearing. We will hear a presentation from staff. Any opponents will be allowed up to 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation (staff is applicant) b. Opponent's presentation (up to 15 minutes) c. Applicant's rebuttal (up to 5 minutes) d. Opponent's rebuttal (up to 5 minutes) 3. Close the Public Hearing 4. Board Discussion 5. Vote on amendment. The motion should include a statement saying how the amendment is or is not consistent with the land use plan and why it is or is not reasonable and in the public interest. Options for Motions: • Motion to approve the text amendment as presented in the staff summary or a modified version of the text amendments; • Motion to "table" the item in order to receive more information; or • Motion to deny the amendment proposal based on specific reasons, such as the proposal is not consistent with the land use plan and /or the proposal is not reasonable and /or the proposal is not in the public interest. Staff Suggested Motion: Motion to approve the amendment, as the Board finds that this request as described is: 1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it allows for a range of short -term housing types to be available to displaced persons affected by a disaster during the recovery period. 2. Reasonable and in the public interest because temporary housing is necessary for residents to return to the community, repair their properties, and resume their lives; and a short -term allowance of safe and temporary housing options is critically needed. Alternative Motion for Approval /Denial: Motion to [Approve /Deny], as the Board finds that this request for a text amendment to the Zoning Ordinance as described is: 1. [Consistent /Not Consistent] with the purposes and intent of the 2016 Comprehensive Plan because (Describe elements of controlling land use plans and how the amendment is or is not consistent]. 2. [Reasonable /Not Reasonable] and in the public interest because [Briefly explain why. Factors may include public health and safety, applicable plans, or balancing benefits and detriments]. STAFF SUMMARY OF TAl 8 -04 TEXT AMENDMENT REQUEST APPLICATION SUMMARY Case Number: TAI 8-04 Request: To amend the Zoning Ordinance to allow for temporary relocation housing for displaced persons as a result of natural or other disasters. Applicant: Subject Ordinance: New Hanover County Zoning Ordinance Subject Article(s) and Section(s): • Article V: Table of Permitted Uses • Section 63: Additional Restrictions on Uses Permitted by Right BACKGROUND Staff has prepared an amendment to the Zoning Ordinance to permit temporary relocation housing for persons displaced as a result of a disaster during an event's recovery period. While the Zoning Ordinance does contain some provisions for certain types of temporary buildings and uses, temporary relocation housing is not specifically addressed. The proposed text will provide clarity on the permitted housing options and their accompanying requirements when a disaster occurs. The options for temporary relocation housing will be enabled as the result of a federal Disaster Declaration where public or individual assistance is made available, or as determined by the County Manager. Units will be allowed to remain for a duration period of 12 months from the date of the declaration, unless extended by the Board of Commissioners. The proposed text is consistent with the NHC Emergency Operations Plan that suggests temporary housing options be identified and permitted. This amendment would allow temporary relocation housing in all zoning districts by- right. The housing units may consist of temporary housing types such as manufactured homes, travel trailers or recreational vehicles, tiny homes, or other temporary units on an individual lot, or as multiple units grouped in a community setting. In addition to compliance with the zoning regulations prescribed in the draft language, temporary relocation housing must also adhere to any applicable code requirements. TA18 -04 Staff Summary Board of Commissioners - October 25, 2018 ITEM: 1 - 2 - 1 Page 1 of 3 PROPOSED AMENDMENT Red Text — Proposed Additions Article V: Table of Permitted Uses Section 63: Additional Restrictions on Uses Permitted by Right Section 63.12: Temporary Relocation Housing Temporary housing utilizing nonpermanent facilities for the displaced as a result of a natural or other disaster in a neighborhood or area shall be allowed provided they meet the following requirements: 1 . The proposed location shall be within a disaster area with specifically defined boundaries and under specific conditions as determined by a federal Disaster Declaration where public or individual assistance is made available, or as determined by the County Manager. 2. Temporary accommodations for the displaced as permitted by this section shall not be installed for more than 12 months from the date of the declaration or determination, except as authorized by the Board of Commissioners. 3. Temporary housing units shall be removed from the site within thirty (30) calendar days after completion of the rehabilitation work which may include, but not be limited to, issuance of a Certificate of Occupancy, Certificate of Completion, or final inspection if this occurs prior to the 1 2 -month expiration or Board authorization term. 4. All applicants for temporary housing units shall register with the Planning Department. 5. Temporary housing units may be subject to additional agency approvals which may include, but not be limited to, water supply, wastewater disposal, solid waste management and disposal, building permits, stormwater permits, or other utilities through the applicable regulatory office. Additional code requirements which may include, but not be limited to, building code and fire code shall be adhered to. 6. Temporary housing units shall comply with either the minimum National Flood Insurance Program standards as set forth in Code of Federal Regulations, Title 44 Part 60 or the Flood Damage Prevention Ordinance. 7. Each housing unit shall have a minimum setback of five (5) feet from any street right -of -way or property line. 8. For temporary housing units in a community or group setting, the following shall apply: TA1 8 -04 Staff Summary Board of Commissioners - October 25, 2018 ITEM: 1 - 2 - 2 Page 2of3 R O F Permitted Uses R R R R R B B I I & A A S R M Supp NAICS PD 20S 20 15 10 7 1 2 1 2 1 R I C A U Regs Other Temporary Relocation P P P P P P P P P P P P P P P P 63.12 Housing Section 63: Additional Restrictions on Uses Permitted by Right Section 63.12: Temporary Relocation Housing Temporary housing utilizing nonpermanent facilities for the displaced as a result of a natural or other disaster in a neighborhood or area shall be allowed provided they meet the following requirements: 1 . The proposed location shall be within a disaster area with specifically defined boundaries and under specific conditions as determined by a federal Disaster Declaration where public or individual assistance is made available, or as determined by the County Manager. 2. Temporary accommodations for the displaced as permitted by this section shall not be installed for more than 12 months from the date of the declaration or determination, except as authorized by the Board of Commissioners. 3. Temporary housing units shall be removed from the site within thirty (30) calendar days after completion of the rehabilitation work which may include, but not be limited to, issuance of a Certificate of Occupancy, Certificate of Completion, or final inspection if this occurs prior to the 1 2 -month expiration or Board authorization term. 4. All applicants for temporary housing units shall register with the Planning Department. 5. Temporary housing units may be subject to additional agency approvals which may include, but not be limited to, water supply, wastewater disposal, solid waste management and disposal, building permits, stormwater permits, or other utilities through the applicable regulatory office. Additional code requirements which may include, but not be limited to, building code and fire code shall be adhered to. 6. Temporary housing units shall comply with either the minimum National Flood Insurance Program standards as set forth in Code of Federal Regulations, Title 44 Part 60 or the Flood Damage Prevention Ordinance. 7. Each housing unit shall have a minimum setback of five (5) feet from any street right -of -way or property line. 8. For temporary housing units in a community or group setting, the following shall apply: TA1 8 -04 Staff Summary Board of Commissioners - October 25, 2018 ITEM: 1 - 2 - 2 Page 2of3 a. All units shall be setback a minimum of twenty (20) feet from the perimeter of the site; b. A sketch plan showing the general location and estimated number of units, parking, access points and traffic circulation, and provisions for utilities including power, water supply, wastewater disposal, stormwater management, and solid waste management shall be submitted to the Planning Department. Staff Analysis Currently, the Zoning Ordinance does not specifically address the allowance for temporary relocation housing for displaced persons as a result of a natural or other disaster. In the immediate and long -term recovery periods following such a disaster, the need to provide temporary housing may be a critical and time - sensitive need. The proposed language will provide specific provisions to address where temporary relocation housing can be located in compliance with zoning or other regulations. The proposed amendment would allow temporary housing on individual lots as well as multiple temporary housing units grouped in a community setting. Staff concludes that the proposed text amendment is CONSISTENT with the 2016 Comprehensive Plan because it allows for a range of short -term housing types to be available to displaced persons affected by a disaster during the recovery period. PLANNING BOARD ACTION The Planning Board considered this request at their October 17, 2018 meeting. At the meeting, no one from the public spoke in support or in opposition to the request. The Board recommended approval of the request (5 -0), concluding that it is: 1. CONSISTENT with the purposes and intent of the 2016 Comprehensive Plan because it allows for a range of short -term housing types to be available to displaced persons affected by a disaster during the recovery period. 2. Reasonable and in the public interest because temporary housing is necessary for residents to return to the community, repair their properties, and resume their lives; and a short -term allowance of safe and temporary housing options is critically needed. STAFF RECOMMENDATION Staff recommends approval of the requested amendment as stated in the Planning Board action. Staff concurs with the Planning Board's statements that the application is CONSISTENT with the 2016 Comprehensive Plan and is reasonable and in the public interest. TA18 -04 Staff Summary Board of Commissioners - October 25, 2018 ITEM: 1 - 2 - 3 Page 3 of 3 This page intentionally left blank. COMMUNITY COMMENTS Board of Commissioners - October 25, 2018 ITEM: 1 - 3 - 1 This page intentionally left blank. Board of Commissioners - October 25, 2018 ITEM: 1 - 3 - 2 Wilmington -Cape Fear _11 �x A s s o c i a t i o n Mr. Wayne Clark Planning & Land Use Director New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 Re: Temporary Housing Text Amendment — TA 18 -04 Dear Mr. Clark: 3801 -5 Wrightsville Avenue P.O. Box 3101 Wilmington, NC 28406 P: 910.799.2611 F: 910.799.2610 www.wilniingtonhomebuilders.com In the aftermath of Hurricane Florence, we all understand that the road to recovery will consist of many steps along the way. During this recovery period, it is paramount that we look to our local ordinances to see if any changes need to be addressed to help facilitate any and all efforts underway. Providing what may seem like insignificant amendments to the County code, in all actuality could be the one provision that provides that crucial first step to help families reunite and rebuild. With so many of our areas residents displaced we are encouraged that the County staff is proposing an amendment to the zoning ordinance that would allow temporary relocation housing for displaced persons as a result of natural or other disasters. (TA18 -04) For many within the region, housing is a critical step in that recovery process. As proposed we believe this amendment would give the County a set of flexible zoning requirements for homeowners to use to aid in their recovery. At the same time, these temporary measures will help provide a strong home base that in return will help keep our areas' labor force intact so they are not forced to relocate. On behalf of the Wilmington -Cape Fear Home Builders Association, we are encouraged by New Hanover County's path to adopt language that addresses temporary relocation housing for displaced persons as a result of natural or other disasters. The text proposed is generally consistent with language currently codified within the City of Wilmington's Land Development Code, as well as language in surrounding Counties. As always we value our partnership with New Hanover County, particularly in the face of adversity. Should you have any questions or need additional feedback please feel free to reach out to the Associations Executive Officer, Cameron Moore at (910) 799 -2611 or email him at cameron@wilmhba.ors. Sincerely,�.1` David Spetrino President CC: WCFHBA Board of Directors Board of Commissioners - October 25, 2018 AFFMIATED W"N.KJW 4ND N.C.H.B.A. October 11, 2018 Mr. Wayne Clark Planning & Land Use Director New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC 28403 Re: Temporary Housing Text Amendment —TA 18 -04 Dear Mr. Clark: In the aftermath of Hurricane Florence, we understand that full recovery will take some time. We also believe we will likely need to think differently about how we address the needs of our citizens. Throughout that time, we will need to be open to the policy changes needed that will provide the shortest possible path to recovery. Nationally, fewer than half of all small businesses in a community recover following a natural disaster. In some cases, businesses don't recover because their business property is damaged beyond repair. In many cases, however, businesses don't recover because the owners and /or employees are displaced. Additionally, many of our businesses provide vital goods and services not only to our economy but to the global economy. Displaced employees of those companies also take atoll on our community. We must re -house the citizens, or employees, in our community to mitigate the impacts to our local, state, national and global economies. Until they are re- housed, many of them aren't receiving a paycheck making their recovery that much more difficult. With so many of our area's residents displaced, we are encouraged that the County staff is proposing an amendment to the zoning ordinance that would allow temporary relocation housing for displaced persons as a result of natural or other disasters. (TA 18- 04) On behalf of the Wilmington Chamber of Commerce, we support New Hanover County's path to adopt language that addresses temporary relocation housing for displaced persons as a result of natural or other disasters. We thank you and the New Hanover County team for your efforts to lead this recovery and remain committed to assist every step of the way. If you have any questions or follow up, please feel free to contact me at 910 -762 -2611 or english@wilmingtonchamber.org. Sincerely, Natalie Haskins English President and CEO cc: Wilmington Chamber Board of Directors Board of Commissioners - October 25, 2018 ITEM: 1 - 5 - 1 W I L M I N G T© N CHAMBER OF COMMERCE YOUR ADVOCATE One Lstell Lee Place Wilmington, NC 28401 P (910) 762 -2611 F (910) 762 -9765 Hanover New If Regional d . October 11, 2018 Mr. Wayne Clark Planning & Land Use Director New Hanover County 230 Government Center Drive, Suite 110 Wilmington, NC, 28403 Re: Temporary Housing Text Amendment — TA 18 -04 Dear Mr. Clark, On behalf of hundreds of New Hanover Regional Medical Center employees, their families, our patients and their families, we would like to state our support for New Hanover County's path to adopt language that addresses temporary housing for displaced persons as a result of natural or other disasters. (TA 18 -04) At NHRMC, we have close to 300 employees who suffered significant storm damage, and a number of those lost everything. We have done all we can to bring FEMA onto our site, assist employees with short-term funding and housing, and provide for them in any other way we can. FEMA will need to make plans for temporary relocation housing that will benefit many within our employee family, and we hope the county will be ready when that day arrives. We need our employees to be able to focus on returning to their work here at the medical center. Not only is this vital to our patients and their care, but, as the region's largest employer, we need to continue in our role as economic engine by supporting as many jobs as we can. A pathway to temporary housing will assist in quality of care and economic stability. We appreciate all the county has done to lead recovery efforts and ensure this region remains strong. We are committed to helping this process any way we can. We believe an important next step is to move on TA 18 -04, and we thank you for your consideration in this matter. Please let us know if we can assist in any other way. Sincerely, , l C Jo izdic President and CEO Board of Commissioners - October 25, 2018 New Hanover Regional Medical Center 2131 SoukiiPWO Stket1 Wilmington, NC 28402 www.n hrmc.org