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Agenda 2021 05-03NEW HANOVER COUNTY BOARD OF COMMISSIONERS AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301, Wilmington, NC 28401 Julia Olson- Boseman, Chair I Deb Hays, Vice-Chair Jonathan Barfield, Jr., Commissioner I Bill Rivenbark, Commissioner I Rob Zapple, Commissioner Chris Coudriet, County Manager I Wanda Copley, County Attorney I Kym Crowell, Clerk to the Board MAY 3, 2021 4:00 PM MEETING CALLED TO ORDER (Chair Julia Olson - Boseman) INVOCATION (Reverend Dr. Patricia L. Freeman, St. Phillip AME Episcopal Church) PLEDGE OF ALLEGIANCE (Commissioner Bill Rivenbark) APPROVAL OF CONSENT AGENDA CONSENT AGENDA ITEMS OF BUSINESS 1. Approval of Minutes 2. Approval to Request Grant Funds from the Department of Homeland Security /Federal Emergency Management Agency 3. Adoption of 38th Annual National Travel and Tourism Week Proclamation 4. Adoption of National Preservation Month Proclamation S. Adoption of National Women's Health Month and Women's Health Week Proclamation 6. Adoption of Foster Care Awareness Month Proclamation 7. Adoption of Elder Abuse Awareness Month Proclamation 8. Second Reading: Approval of Solid Waste Franchise for Coastline Dumpsters LLC 9. Approval of Representation for New Hanover Regional Medical Center Retirement Plans 10. Approval of March 2021 Tax Collection Reports 11. Approval of Board of Education Budget Amendment #3 12. Adoption of Budget Amendment 21 -070 for Stormwater Services Supplemental Funding ESTI MATED MINUTES REGULAR AGENDA ITEMS OF BUSINESS 40 13. Public Hearing Rezoning Request (Z21 -04) — Request by RSC Engineering, PLLC, on Behalf of the Property Owner, Cape Fear Habitat for Humanity, Inc., to Rezone Approximately 4.9 Acres of Land Located in the 3200 Block of Reminisce Road from R -20, Residential -20 District, to (CZD) R -10, Conditional Residential -10 District, in Order to Develop an 11 -Lot Subdivision Board of Commissioners - May 3, 2021 40 14. Public Hearing Rezoning Request (Z21 -05) - Request by Design Solutions, on Behalf of the Property Owner, Bonnie D. & David M. Narron, to Rezone Approximately 0.8 Acres of Land Located at 3419 N. Kerr Avenue from AR, Airport Residential, to (CZD) B -1, Neighborhood Business, in Order to Develop a Vehicle Service Station 40 15. Public Hearing Text Amendment Request (TA21 -01) - Request by New Hanover County to Amend Articles 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, and 12 of the Unified Development Ordinance for Compliance with Recent State Law and to Perform Ongoing Maintenance to Refine and Clarify Assorted Ordinance Provisions 40 16. quasi - Judicial Hearing Special Use Permit Request (521 -02) — Request by TowerCo 2013, LLC, on Behalf of the Property Owner, Cornelia Nixon Davis, I nc., for a Special Use Permit for a Wireless Support Structure Within a (CUD) R -20 Residential District, Located at 719 Champ Davis Road PUBLIC COMMENTS ON NON - AGENDA ITEMS (limit three minutes) ESTIMATED MINUTES ADDITIONAL AGENDA ITEMS OF BUSINESS 17. Additional Items County Manager County Commissioners Clerk to the Board County Attorney 18. 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. Mission New Hanover County is committed to progressive public policy, superior service, courteous contact, judicious exercise of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Vision A vibrant prosperous, diverse coastal community, committed to building a sustainable future for generations to come. Core Values Integrity - Accountability - Professionalism - Innovation - Stewardship Board of Commissioners - May 3, 2021 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/3/2021 Consent DEPARTMENT: Governing Body PRESENTER(S): Kym Crowell, Clerk to the Board CONTACT(S): Kym Crowell SUBJECT: Approval of Minutes BRIEF SUMMARY: Approve minutes from the following meeting: Regular Meeting held on April 19, 2021 STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve minutes. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 3, 2021 ITEM: 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:S /3/2021 Consent DEPARTMENT: Sheriff PRESENTER(S): Chief Deputy Ken Sarvis CONTACT(S): Chief Deputy Ken Sarvis SUBJECT: Approval to Request Grant Funds from the Department of Homeland Security /Federal Emergency Management Agency BRIEF SUMMARY: The Sheriff's Office wishes to apply for the FY21 Homeland Security, Port Security grant. The total amount requested is $224,000 with a 25% match of $56,000. The match is included in the FY21 -22 Sheriff's Office budget. This is a three - year grant beginning 10/01/2021 to 09/30/2024. The Port Security Grant is used to fund equipment for enforcement activity related to the Port of Wilmington and the waterways surrounding New Hanover County. The requests include a dark water vision mask, automated respiratory fit testing instrument, K9 obstacle course for training, and an explosive ordinance disposal vehicle. STRATEGIC PLAN ALIGNMENT: Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Increase individual resident and business preparedness for emergencies RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve submission of application for the 2021 Port Security Grant. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 3, 2021 ITEM: 2 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/3/2021 Consent DEPARTMENT: County PRESENTER(S): Kim Hufham, CEO and Connie Nelson, Communications /Public Relations Manager Director, Wilmington and Beaches Convention and Visotirs Bureau CONTACT(S): Chris Coudriet, County Manager SUBJECT: Adoption of 38th Annual National Travel and Tourism Week Proclamation BRIEF SUMMARY: Each year in preparation for National Travel & Tourism Week, the Wilmington and Beaches Convention & Visitors Bureau (CVB) submits a proclamation for the Board of Commissioners to consider. National Travel & Tourism Week is May 2 -8, 2021. For more information please visit: https: / /www.ustravel.org/ events /national- travel- and - tourism -week STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Trawl and Tourism Week Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 3, 2021 ITEM: 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 38" ANNUAL NATIONAL TRAVEL AND TOURISM WEEK PROCLAMATION WHEREAS, the power of travel has been a consistent driver of New Hanover County's economy and workforce, and 83% of travel and tourism - dependent businesses and organizations are small businesses; and WHEREAS, last year, the coronavirus pandemic devastated every sector of the travel industry with staggering declines in 2020, affecting every community in the country, including New Hanover County; and WHEREAS, the travel industry cannot recover without the full return of leisure and business travel, as well as meetings and events; and WHEREAS, in the United States: • A robust travel industry provides significant economic benefits for the nation, generating more than $2.6 trillion in economic output in 2019, with $1.1 trillion spent directly by travelers. • Spending by travelers has aided state and local governments alike, generating $180 billion in tax revenue in 2019 to support essential services and programs. • In 2020 travel spending was down nearly $500 billion, costing the U.S. economy $1.1 trillion. • The total number of U.S. travel- supported jobs fell by 34 %, from 17 million in 2019 to just 11 million in 2020. • The rebound of travel will drive the rebuilding of the U.S. economy and American workforce; and WHEREAS, in North Carolina: • Prior to the pandemic, Travel and Tourism was among the state's fastest growing industries and domestic travelers spent a record $29.2 billion in North Carolina in 2019. • Early estimates from Tourism Economics indicate that travel spending in 2020 was down 37% and that tax revenues were down by 31 %; and WHEREAS, in New Hanover County: • Visitor spending infuses millions of new dollars into our local economy each year that helps to fund beach nourishment, the convention center, lifeguard programs and more. • In 2019, prior to the Covid -19 pandemic, the economic impact of Tourism was estimated at a record $658.78 million, and the local travel industry provided more than 6,680 jobs, supporting a payroll of $158.15 million. It also generated approximately $57.91 million in state and local tax receipts, representing a $245.85 tax saving to each county resident. • The power of travel will revive New Hanover County and drive us forward to a more prosperous future; and WHEREAS, the travel industry has a significant effect on the local economy and a profound impact on the lives of the citizens of New Hanover County. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2 -8, 2021 will be recognized as "National Travel and Tourism Week" in New Hanover County. ADOPTED this the 3rd day of May, 2021. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 3, 2021 ITEM: 3 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/3/2021 Consent DEPARTMENT: County PRESENTER(S): Travis John Gilbert, Executive Director, Historic Wilmington Manager Foundation CONTACT(S): Chris Coudriet, County Manager SUBJECT: Adoption of National Preservation Month Proclamation BRIEF SUMMARY: Historic Wilmington Foundation has submitted a proclamation to recognize May 2021 as National Preservation Month in New Hanover County. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: National Preservation Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 3, 2021 ITEM: 4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL PRESERVATION MONTH PROCLAMATION WHEREAS, historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride, and maintaining community character while enhancing livability; and WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS, National Preservation Month 2021 is co- sponsored by both the Historic Wilmington Foundation and the National Trust for Historic Preservation. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2021 will be recognized as "National Preservation Month" in New Hanover County and calls upon New Hanover County citizens to join their fellow citizens across the United States in recognizing and participating in this special observance. ADOPTED this the 3rd day of May, 2021. NEW HANOVER COUNTY Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 3, 2021 ITEM: 4 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/3/2021 Consent DEPARTMENT: Health and Human PRESENTER(S): David Howard, Health Director; and Carla Turner, Assistant Services Health Director CONTACT(S): David Howard SUBJECT: Adoption of National Women's Health Month and Women's Health Week Proclamation BRIEF SUMMARY: May 9 -15, 2021 is National Women's Health Week, serving as a reminder to women and girls, to make their health a priority and build positive healthy habits. May is designated as National Women's Health Month and New Hanover County encourages citizens to increase awareness of the importance of a healthy lifestyle, regular exercise, regular check -ups, and preventative health practices. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: National Women's Health Month and Women's Health Week Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 3, 2021 ITEM: 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL WOMEN'S HEALTH MONTH AND WOMEN'S HEALTH WEEK PROCLAMATION WHEREAS, National Women's Health Week is a weeklong health observance led by the U.S. Department of Health and Human Services' Office on Women's Health (OWH) to encourage women to be as healthy as possible; and WHEREAS, the week May 9 -15, 2021, serves as a reminder for women and girls, especially during the COVID -19 pandemic, to make their health a priority and build positive health habits for life; and WHEREAS, Women's Health Month will focus on a broad range of women's health issues, including heart disease, diabetes, cancer, respiratory disease, and mental health; and WHEREAS, Women's Health Month empowers women to take responsibility for their health, understand their health options, and identify services; thereby increasing equal access to services, resources, and products that best help them prevent and reduce poor health outcomes; and WHEREAS, it is extremely important for all women and girls, especially those with underlying health conditions such as hypertension, diabetes, obesity, cardiovascular and respiratory diseases, and women 65 years and older, to take care of their health now; and WHEREAS, educating women on the importance of preventative health and participating in health screenings will help prolong their lifespan and support their role as productive family members; and WHEREAS, mothers who maintain a healthy lifestyle are role models for their children and are well equipped to care for a happy, healthy family; and WHEREAS, May is designated as National Women's Health Month. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2021 will be recognized as "National Women's Health Month" and that May 9 -15, 2021 will be recognized as "Women's Health Week" in New Hanover County. The Board of Commissioners encourages citizens to increase awareness of the importance a healthy lifestyle, regular exercise, and regular medical check -ups and to participate in preventative health practices and early detection efforts for all women in New Hanover County. ADOPTED this the 3rd day of May, 2021. l � � i � I : Ie1► [ � ��/ � : Z � L X11 J ► : �' 1 Julia Olson- Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 3, 2021 ITEM: 5 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/3/2021 Consent Health and Tonya Jackson, Social Services Director; Mary Beth Rubright, Social DEPARTMENT: Human PRESENTER(S): Services Assistant Director; and Brian Bocnuk, Social Services Services Manager CONTACT(S): Mary Beth Rubright and Tonya Jackson SUBJECT: Adoption of Foster Care Awareness Month Proclamation BRIEF SUMMARY: New Hanover County has approximately 300 children of all ages in the custody of DSS. New Hanover County thanks all foster mothers and foster fathers for their commitment to these precious children; and encourages its citizens to celebrate the contributions of both foster parents and child welfare staff. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Foster Care Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 3, 2021 ITEM: 6 NEW HANOVER COUNTY BOARD OF COMMISSIONERS FOSTER CARE AWARENESS MONTH PROCLAMATION WHEREAS, in New Hanover County there are approximately 300 children of all ages in the custody of the Department of Social Services and of those children, over half reside in foster homes, group homes, hospitals and with relatives; and WHEREAS, it is the goal of this community to provide these children with safe, stable and nurturing family environments; and WHEREAS, we turn more and more to the family foster homes of New Hanover County to nurture the bodies and spirits of the children in our charge while our social workers support parents in building on their strengths to provide safe, permanent homes for their children to return to; and WHEREAS, foster parents frequently adopt their foster children, which results in a continual need for more foster families; and WHEREAS, May is singled out as Foster Care Awareness Month to be the one month we publicly recognize the tremendous contribution made by foster parents, numerous individuals and public and private organizations to the child welfare system and to the lives of the young somehow entangled in that system. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2021 will be recognized as "Foster Care Awareness Month" in New Hanover County. BE IT FURTHER PROCLAIMED that the New Hanover County Board of Commissioners, in recognition of Foster Care Awareness Month, thanks all foster mothers and foster fathers for their commitment of time and talents to these precious children and encourages all citizens to celebrate the contributions of foster parents and child welfare professionals. The New Hanover County Board of Commissioners further encourages the community, businesses, faith -based organizations and families to participate in efforts to recruit and support foster families in New Hanover County. ADOPTED this the 3rd day of May, 2021. ILI I X� iT A: Fe1►161 I N:11: Z 4 L 801► I I V 1 Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 3, 2021 ITEM: 6 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/3/2021 Consent Health and Tonya Jackson, Social Services Director; Mary Beth Rubright, Social DEPARTMENT: Human PRESENTER(S): Services Assistant Director; and Sean Dwyer, Social Work Services Supervisor CONTACT(S): Mary Beth Rubright and Tonya Jackson SUBJECT: Adoption of Elder Abuse Awareness Month Proclamation BRIEF SUMMARY: Elder abuse refers to the mistreatment of elderly and disabled adults. From May 9, 2021, through June 20, 2021, New Hanover County recognizes Elder Abuse Prevention Awareness and encourages all residents to become aware of elder abuse and join in the prevention of elder abuse. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Adopt the proclamation. ATTACHMENTS: Elder Abuse Awareness Month Proclamation COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 3, 2021 ITEM: 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS ELDER ABUSE AWARENESS MONTH PROCLAMATION WHEREAS, elder abuse is the broad term used to identify mistreatment of elderly and disabled adults; and WHEREAS, abuse and neglect of elderly and disabled adults is one of the most under - recognized and under - reported social problems in this country; and WHEREAS, the magnitude of the problem is likely to increase for several reasons, especially with the increasing rise in the number of elderly population; and WHEREAS, mistreatment can take many forms: physical abuse, emotional abuse, sexual abuse, neglect by a caregiver, self - neglect, exploitation, and financial exploitation; and WHEREAS, it is estimated that approximately five million people age 60+ suffer elder abuse every year; and WHEREAS, it is estimated that approximately one out of every twenty -four cases of elder abuse is reported; and WHEREAS, abuse of the elderly and disabled is preventable. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 9, 2021 through June 20, 2021 will be recognized as "Elder Abuse Prevention Awareness Month" in New Hanover County. All residents and other jurisdictions are encouraged to become more aware of this problem and join in the prevention of elder abuse. ADOPTED this the 3rd day of May, 2021. NEW HANOVER COUNTY Julia Olson - Boseman, Chair Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 3, 2021 ITEM: 7 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DAT E: 5/3/2021 Consent DEPARTMENT: County PRESENTER(S): Kemp Burpeau, Deputy County Attorney and Joe Suleyman, Attorney Environmental Management Director CONTACT(S): Kemp Burpeau and Joe Suleyman SUBJECT: Second Reading: Approval of Solid Waste Franchise for Coastline Dumpsters LLC BRIEF SUMMARY: New Hanover County requires a county issued franchise to collect solid waste. Pursuant to County Ordinance 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director has no objections to the franchise request. The renewal franchise period would run for seven years. Staff has reviewed only for compliance with the County Code. Prospective customers of any hauler must make their own determination as to suitability of provider and services. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Authorize franchise award. The first reading was unanimously approved on April 19, 2021. Upon award, the company will provide Certificates of Insurance, agree to not bring outside waste into the county and to haul all waste to a county designated facility, if required by law. ATTACHMENTS: Franchise Document Franchise Agmt COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 3, 2021 ITEM: 8 County manager or designee, My name is Weston Humphries and I have started a waste management company called, Coastline Dumpsters, which will provide containers to contractors for new construction and remodels with the occasional rentals to homeowners as well. I am filing a written application to obtain a Franchise Agreement for the New Hanover County Landfill. My company equipment is located at 1727 Oakley Rd, Castle Hayne, NC 28429 and my mailing address is 104 Whitman Ave, Castle Hayne, NC 28429. Coastline Dumpsters is an LLC company. I own eight, fifteen -yard dumpsters and one, eighteen -yard dumpsteralong with one truck. I work full time (shift work) at Duke Energy in Southport. I will be working this business in between my days off. I am currently the only employee for this company but at some point in the future when business picks up, I plan to hire a driver. I have minimal experience with solid waste collection, but enough to know what is allowed in the landfill and what is not. I have an agreement that all customers sign before or at the point of delivery and it states what is not allowed in the containers and they get a copy of that information as well. When I pickup the containers I inspect for any hazardous material prior to loading onto the truck. When I dump at the landfill, I perform a final inspection for any hazardous material that may have been hidden under the debris. Any hazardous material found will be collected and placed back into the container for proper disposal. Following the rules provided by the landfill is my priority and I expect my customers to do the same. spoke with Kemp Burpeau about some questions pertaining to the information needed to apply for the franchise agreement. My main concern was the financial statement for the previous year, showing net worth of the business. What I am going to list below may not be necessary, but may help with any questions that may arise. This is my first year in business, therefore, I do not have a statement from the previous year. I currently do not have a CPA, but is something I am trying to work on. I have attached a copy of my personal W2 from last year in hopes that it can be used or justified for the documents needed. My company assets include 9 dumpsters which I purchased new from a 3rd party dealer that was going out of business. They are valued at . I a piece and I purchased them for J a piece. I also purchased a 2018 Isuzu NRR hooklift truck with 50,000 miles from a private seller out of Fayetteville, NC for and it was valued at The truck is financed through Corning Credit Union with a loan amount o. remaining. The containers I purchased out right so there is no loan against those. My truck is my only debt for the company. I have also attached a copy of my vehicle insurance along with my general liability insurance for the company. I hope the information provided is everything you need. If other information is needed, you can reach me at 910 - 538 -5964 or email at coastlinedu mpsters@gmail.com Regards, Weston Humphries C: 910 - 538 -5964 Coastlinedumpsters @gmail.com Board of Commissioners - May 3, 2021 ITEM: 8 - 1 - 1 New Hanover County Contract # 21 -0366 STATE OF NORTH CAROLINA AWARD OF FRANCHISE AGREEMENT FOR COUNTY OF NEW HANOVER SOLID WASTE SERVICES THIS FRANCHISE AGREEMENT made and entered into this the day of 2021, by and between NEW HANOVER COUNTY, North Carolina, a political subdivision of the State of North Carolina, hereinafter called "County" and COASTLINE DUMPSTERS, LLC, a North Carolina limited liability corporation, with its principal mailing address is 104 Whitman Ave., Castle Hayne, NC 28429, hereinafter called "Operator." WITNESSETH WHEREAS, the County has, through the power granted to it under G.S. 153A -136, adopted an ordinance regulating the collection and disposal of solid wastes and requiring that all waste haulers have a license and a franchise in order to operate in the County, in order to provide the residents and commercial customer of the County with reliable, environmentally sound waste disposal now and in the future; and WHEREAS, Operator has contracted with commercial and /or residential customers located in New Hanover County in order to provide solid waste collection and disposal; and NOW THEREFORE, in consideration of the mutual benefits inuring to the parties hereto and based upon the mutual covenants contained herein and the considerations stated herein, the parties do hereby covenant and agree, and County hereby conveys a non- exclusive franchise to Operator, to collect and dispose of solid wastes to commercial and /or residential customers in the County. The parties therefore agree to the following terms and conditions: 1. Terms of Agreement. The initial term of this Franchise Agreement shall be seven (7) years from the date of signing. The Franchise may automatically renew and extend for a subsequent seven (7) year term, contingent upon County Commissioners approval pursuant to G.S. 153A -46. 2. Scope of Services. For the term of this Franchise Agreement, Operator agrees to provide commercial and /or residential customers with solid waste collection and transportation to County- approved disposal sites. 3. Disposal at County - Approved Facilities. Operator agrees to dispose of all waste collected in the County, as part of this franchise agreement, at County- approved facilities consistent with State law. With regard to County- approved facilities, said approval must be obtained by Operator prior to the disposal at said facilities, and said approval shall be granted or denied entirely at the discretion of the County. The County also has the authority to designate which facilities shall be used. 4. Administration /Billing. All billing of customers shall remain the responsibility of the franchisee. 5. Franchise. It is understood and agreed that all of the terms and conditions of New Hanover County Code Chapter 44, entitled "Solid Waste," pertaining to a franchise Board of Commissioners - May 3, 2021 ITEM: 8 - 2 - 1 New Hanover County Contract # 21 -0366 for solid waste collections are incorporated herein by reference and made a part hereof as if fully set forth, including but not limited to insurance requirements. 6. Personnel and Equipment. Operator shall equip and maintain all vehicles with staff and equipment to comply with any applicable regulations and laws. 7. Independent Contractor. It is mutually understood and agreed that Operator is an independent contractor and not an agent of the county, and as such, Operator, its agents and employees shall not be entitled to any County employee benefits, and as such, Operator, its agents and employees shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workers' compensation, or pension or retirement benefits. 8. Indemnity. To the extent permitted by law, Operator shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by Operator hereunder, resulting from the negligence of or willful act or omission of Operator, its agents, employees and subcontractors. To the extent permitted by law, the County shall indemnify and hold the Operator, its agents and employees, harmless against any and all claims, demands causes of action, or other liability, including attorneys' fees, on account of personal injuries or death or on account of property damages arising out of or related to the solid waste services operated and administered by the County, and resulting from the negligence of or willful act or omission of the County, its agents, employees, and subcontractors. 9. Business Auto Liability. Operator shall maintain applicable Business Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto, including owned, hired, and non -owned autos used in the performance of work or services. 10. Assignment, Contracting_ The parties agree that this agreement is not transferable or assignable by either party without the written consent of the other party to this agreement. Operator shall not subcontract with another entity to perform the services described herein without the approval of the County Manager or his designee. 11. Termination. The franchisee may terminate this franchise upon three hundred sixty -five (365) days written notice, or less notice with the consent of the County. The County may only revoke the franchise for cause as set out in Chapter 44, "Solid Waste," of the New Hanover County Code. This franchise may be modified or revoked by the County in the event that an ordinance is passed by the Board of Commissioners creating an exclusive franchise system for residential solid waste collection in the unincorporated County. 12. Non - Waiver of Rights. It is agreed that County's failure to insist upon the strict performance of any provision of this agreement or to exercise any right based upon Board of Commissioners - May 3, 2021 ITEM: 8 - 2 - 2 New Hanover County Contract # 21 -0366 a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement. 13. Equal Opportunity. In connection with the performance of this agreement, Operator agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, disability, or national origin. 14. Entire Agreement. This agreement constitutes the entire understanding of the parties with regard to the provision of solid waste collection and disposal. No modification of rescission of this agreement shall be effective unless evidenced by a writing signed by both parties to this agreement. 15. E- Verify Compliance. Operator shall fully comply with the U.S. Department of Homeland Security employee legal status E- Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of contract. IN WITNESS THEREOF, the parties have hereunto set their hands and seals by authority duly given, on the day and year first above written. STATE OF COUNTY COASTLINE DUMPSTERS, LLC, Member /Manager (SEAL) I, , a Notary Public of the State and County aforesaid, certify that came before me this day and acknowledged that (s)he is Member /Manager of COASTLINE DUMPSTERS, LLC, a North Carolina limited liability corporation, and that by County duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its Member /Manager. WITNESS my hand and official seal, this day of 12021. Notary Public My Commission Expires [SEAL] New Hanover County digital signature page attached hereto and incorporated herein by reference. Board of Commissioners - May 3, 2021 ITEM: 8 - 2 - 3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE: 5/3/2021 Consent DEPARTMENT: Finance PRESENTER(S): Lisa Wurtzbacher, Chief Financial Officer CONTACT(S): Lisa Wurtzbacher and Martha Wayne, Deputy Chief Financial Officer SUBJECT: Approval of Representation for New Hanover Regional Medical Center Retirement Plans BRIEF SUMMARY: Representatives of New Hanover County need to be selected to conduct business with First Citizens Bank & Trust Company in its capacity as Discretionary Trustee of New Hanover Regional Medical Center retirement plans that were transferred to New Hanover County as part of the sale of New Hanover Regional Medical Center to Novant Health. STRATEGIC PLAN ALIGNMENT: Good Governance o Effective County Management ■ Increase transparency and awareness about county actions RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Lisa Wurtzbacher, Chief Financial Officer; and Martha Wayne, Deputy Chief Financial Officer; as authorized New Hanover County representatives with authority to conduct business on behalf of New Hanover County with First Citizens Bank & Trust Company, in its capacity as Discretionary Trustee. ATTACHMENTS: Resolution for Signature COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 3, 2021 ITEM: 9 CERTIFIED COPY OF RESOLUTION OF New Hanover County, State of North Carolina I, the undersigned, hereby certify that I am a representative of New Hanover County in the State of North Carolina and that the following is a true copy of the Resolution duly adopted by the Board of Commissioners of New Hanover County effective the day of , 2021. RESOLVED, that the officers listed below are authorized Representatives of New Hanover County with the authority to conduct all Trust Business on behalf of New Hanover County with First - Citizens Bank & Trust Company, related to the New Hanover Regional Medical Benefit Plans. Name Title Signature I further certify that this Resolution has neither been rescinded nor modified. Witness my hand and seal of this day of 2021. Signature of Representative: Printed Name: Title: Board of Commissioners - May 3, 2021 ITEM: 9 - 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DAT E: 5/3/2021 Consent DEPARTMENT: Tax PRESENTER(S): Trina Lewis, Collections Supervisor CONTACT(S): Trina Lewis SUBJECT: Approval of March 2021 Tax Collection Reports BRIEF SUMMARY: NCGS 105 -350 requires the Tax Collector to submit a report showing the amount of taxes collected. Overall Collection Percentages for March 2021 are ahead of collections for March 2020. The report for March 2021 in comparison to March 2020 is as follows: New Hanover County March 2021 March 2020 Real Property 99.03% 98.92% Personal Property 94.29% 94.31% Motor Vehicle 100.00% 100.00% Overall Collection Rate 98.68% 98.59% Total Collected YTD $172,406,224.74 $167,674,812.79 New Hanover County Debt Service March 2021 March 2020 Real Property 99.02% 98.92% Personal Property 94.28% 94.39% Motor Vehicle 100.00% 100.00% Overall Collection Rate 98.68% 98.60% Total Collected YTD $22,709,568.16 $22,085,724.24 Grand Total Collected YTD $195,115,792.90 $189,760,537.03 New Hanover County Fire District March 2021 March 2020 Real Property 99.08% 98.84% Personal Property 96.78% 96.40% Motor Vehicle 100.00% 100.00% Overall Collection Rate 98.92% 98.63% Total Collected YTD $10,703,630.06 $10,524,318.92 STRATEGIC PLAN ALIGNMENT: Board of Commissioners - May 3, 2021 ITEM: 10 Good Governance o Strong Financial Performance ■ Proactively manage the county budget RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve the reports. ATTACHMENTS: New Hano\er County Monthly Collection Report for March 2021 New Hano\er County Debt Service Monthly Collection Report for March 2021 New Hano\er County Fire District Monthly Collection Report for March 2021 COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 3, 2021 ITEM: 10 New Hanover County Monthly Collection Report for March 2021 Current Year 2020 -2021 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 150,029,981.01 $ (54,134.90) $ 32,810.73 $ 14,870,952.05 $ (142,837.56) $ 16,083.52 $ 9,720,282.88 $ $ $ 174,621,215.94 (196,972.46) 48,894.25 Total Taxes Charged Collections to Date *Refunds Write -off $ $ $ $ 150,008,656.84 149,843,814.09 1,287,929.31 127.27 $ $ $ $ 14,744,198.01 14,034,095.35 132,748.80 1,174.72 $ $ 9,720,282.88 9,720,282.88 $ $ $ $ 174,473,137.73 173,598,192.32 1,420,678.11 1,301.99 Outstanding Balance $ 1,452,644.79 $ 841,676.74 $ - $ 2,296,925.51 Collection Percentage - 99.03 1,232.21 94.29 $ 100.00 $ 98.68 YTD Interest Collected $ 154,301.37 $ 16,847.63 $ 57,561.53 $ 228,710.53 $ 1,090.25 $ 798,850.69 *Refunds $ 65,308.60 $ 285,304.03 Total 2020 -2021 Collections YTD 172,406,224.74 Prior Years 2010 -2019 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,802,044.87 $ 4,498,560.07 $ 402,846.95 $ 6,703,451.89 Abatements $ (47,623.11) $ (74,737.00) $ - $ (122,360.11) Adjustments $ - $ 1,232.21 $ - $ 1,232.21 Total Levy $ 1,754,421.76 $ 4,425,055.28 $ 402,846.95 $ 6,582,323.99 Collections to Date $ 544,207.27 $ 253,553.17 $ 1,090.25 $ 798,850.69 *Refunds $ 65,308.60 $ 285,304.03 $ 604.62 $ 351,217.25 Write -off $ 15,545.94 $ 198,131.88 $ 76,486.02 $ 290,163.84 Outstanding Balance $ 1,259,977.15 $ 4,258,674.26 $ 325,875.30 $ 6,424,854.39 YTD Interest Collected $ 66,699.07 $ 33,481.28 $ 382.13 $ 100,562.48 Total Prior Year Collections YTD 548,195.92 Grand Total All Collections YTD $ 172,954,420.66 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - May 3, 2021 ITEM: 10-1 -1 New Hanover County Debt Service Monthly Collection Report for March 2021 Current Year 2020 -2021 Total 2020 -2021 Collections YTD $ 22,709,568.16 Prior Years 2010 -2019 Real Estate Personal Property Motor Vehicles Motor Vehicles Combined Combined Scroll /Billed $ 19,796,952.20 $ 1,953,037.54 $ 1,282,643.23 $ 23,032,632.97 Abatements $ (7,142.88) $ (18,833.65) $ Adjustments $ (25,976.53) Adjustments $ 4,338.15 $ 2,122.35 $ $ $ 6,460.50 Total Taxes Charged $ 19,794,147.47 $ 1,936,326.24 $ 1,282,643.23 $ 23,013,116.94 Collections to Date $ 19,600,179.35 $ 1,826,745.58 $ 1,282,643.23 $ 22,709,568.16 *Refunds $ 290.35 $ 1,277.68 $ 7.25 $ 1,568.03 Write -off $ 39.54 $ 160.43 277,235.80 $ $ 199.97 Outstanding Balance $ 194,218.93 $ 110,697.91 $ - $ 303,748.75 Collection Percentage 99.02 94.28 100.00 98.68 YTD Interest Collected $ 20,336.14 $ 2,178.22 $ 7,574.45 Total 2020 -2021 Collections YTD $ 22,709,568.16 Prior Years 2010 -2019 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - May 3, 2021 ITEM: 10- 2 - 1 $ 65,335.43 Real Estate Personal Property Motor Vehicles Combined $ 183,590.02 $ 280,226.37 $ $ 463,816.39 Scroll Abatements $ (6,210.94) $ (8,852.55) $ (15,063.49) Adjustments $ 162.61 $ 162.61 Total Levy $ 177,379.08 $ 271,536.43 $ $ 448,915.51 Collections to Date $ 66,251.58 $ (4,413.97) $ $ 61,837.61 *Refunds $ 5,963.26 $ 1,292.65 $ $ 7,255.91 Write -off $ 11.46 $ 7.25 $ $ 18.71 Outstanding Balance $ 117,079.30 $ 277,235.80 $ $ 394,352.52 YTD Interest Collected $ 7,053.84 $ 3,699.89 $ $ 10,753.73 Total Prior Year Collections YTD *Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - May 3, 2021 ITEM: 10- 2 - 1 $ 65,335.43 New Hanover County Fire District Monthly Collection Report for March 2021 Current Year 2020 -2021 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 9,016,674.83 $ (2,705.01) $ 5,666.18 $ 1,044,680.34 $ 604.68 $ 142.48 $ 741,621.32 $ $ $ 10,802,976.49 (2,100.33) 5,808.66 Total Taxes Charged Collections to Date *Refunds Write -off $ $ $ $ 9,019,636.00 8,936,787.32 53.61 23.90 $ $ $ $ 1,045,427.50 1,012,413.20 745.97 118.13 $ $ 741,621.32 741,621.32 $ $ $ $ 10,806,684.82 10,690,821.84 799.58 142.03 Outstanding Balance $ 82,878.39 $ 33,642.14 $ - $ 116,804.59 Collection Percentage - 99.08 157.09 96.78 $ 100.00 $ 98.92 YTD Interest Collected $ 8,359.26 $ 985.94 $ 4,262.60 $ 13,607.80 $ 24.54 $ (156,307.67) *Refunds $ 4,621.02 $ 649.78 Total 2020 -2021 Collections YTD 10,703,630.06 Prior Years 2010 -2019 Real Estate Personal Property Motor Vehicles Combined Scroll $ 113,568.63 $ 248,623.36 $ 24,031.75 $ 386,223.74 Abatements $ (4,621.02) $ (202,766.54) $ - $ (207,387.56) Adjustments $ 157.09 $ - $ 157.09 Total Levy $ 108,947.61 $ 46,013.91 $ 24,031.75 $ 178,993.27 Collections to Date $ 37,678.95 $ (194,011.16) $ 24.54 $ (156,307.67) *Refunds $ 4,621.02 $ 649.78 $ - $ 5,270.80 Write -off $ 600.68 $ 9,302.99 $ 4,283.73 $ 14,187.40 Outstanding Balance $ 75,289.00 $ 231,371.86 $ 19,723.48 $ 354,759.14 YTD Interest Collected $ 4,766.53 $ 957.90 $ 20.95 $ 5,745.38 Total Prior Year Collections YTD (150,562.29) Grand Total All Collections YTD $ 10,553,067.77 * Detailed information for Refunds can be found in the Tax Office NEW HANOVER COUNTY Chair Clerk to the Board Date Board of Commissioners - May 3, 2021 ITEM: 10- 3 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DAT E: 5/3/2021 Consent DEPARTMENT: Budget PRESENTER(S): Mary Hazel Small, CFO NHCS CONTACT(S): Lisa Wurtzbacher, Chief Financial Officer SUBJECT: Approval of Board of Education Budget Amendment #3 BRIEF SUMMARY: On April 13, 2021, the Board of Education approved a budget transfer as follows: Budgets Interlocal Sales Tax Revenue for Emergency Chiller Replacement at Bellamy (which failed unexpectedly), to transfer bond funds for Bellamy Roof Replacement and design funds for Riverlights, Pine Valley Replacement and Mary C Williams Renovations. The Board of Commissioners agreed to some of this at its joint meeting including design on each project and the roof. STRATEGIC PLAN ALIGNMENT: RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve Board of Education budget transfer pursuant to the county's FY2020 -21 budget ordinance. As outlined, the budget resolution adopted by the New Hanover County Board of Education may not be amended without prior approval of the Board of Commissioners if the proposed amendment increases or decreases expenditures from the capital outlay fund for the Board of Education. The proposed amendment would result in a change made to their planned capital fund expenditures. ATTACHMENTS: NHCS (4.13.2021) Transfers COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 3, 2021 ITEM: 11 Capital Outlay April 13, 2021 Cumulative Budget Summary: i Revised Budget I Amendment #3 1 Revised Budget Purpose /Function: Instructional services: $ 467,336 $ - $ 467,336 Food Sales - Regular Instruction 100,168 716,821 - $ 100,168 Special Populations 213,000 15,194,342 Other Revenues 30,112 30,112 Alternative Programs 5,102,309 - 5,102,309 - School Leadership _ Total Revenue 11,300 $ 213,000 $ 21,510,919 11,300 Co- Curricular - - School -Based Support - subtotal $ 111,468 $ - $ 111,468 System -wide support services: Support and Development $ - $ - $ - Special Population Support and Development - - Alternative Program Support and Development - - Technology Support 2,396,128 2,396,128 Operational Support 1,491,860 1,491,860 Financial and Human Resources 7,124 - 7,124 Accountability $ - - 3,895,112 - - - - System -Wide Pupil Support Policy, Leadership and Public Relations - subtotal $ - $ 3,895,112 Ancillary: Community Services $ - $ $ - Nutrition Services - - - subtotal I $ - $ - I $ - Capital Outlay: Capital Outlay $ 17,291,339 $ 213,000 $ 17,504,339 Non - programmed charges: Payments to ")tom ,2r Governments $ - $ - $ - Unbudgeted & Indirect Cost - - - Transfer to Other Funds - - Scholarships - - subtotal $ - $ - $ Total Appropriation $ 21,297,919 1 $ 213,000 $ 21,510,919 Revenue Source: Federal Sources $ 467,336 $ - $ 467,336 Food Sales - Fund Balance Appropriation 716,821 - 716,821 New Hanover County 14,981,342 213,000 15,194,342 Other Revenues 30,112 30,112 State Sources 5,102,309 5,102,309 Transfer from Other Funds - _ Total Revenue $ 21,297,919 $ 213,000 $ 21,510,919 Explanation: To budget Interlocal Sales Tax Revenue for Emergency Chiller Replacement at Bellamy which failed unexpectedly and to transfer bond funds for Bellamy Roof Replacement and design funds for Riverlights, Pine Valley Replacement and Mary C Williams Renovations. Board of Commissioners - May 3, 2021 ITEM: 11-1 -1 Capital Outlay Project Summary Budget by Funding Source and Project #: Funding Source/ Project # Program Proiect Description Project Budget (Multi -Year) Current Amendment #3 Revised Budget ' Projects with Multiple Funding Sources (See chart below) PSBCF - Lottery Revenue: 918920 076 SeaTech - Phase III Renovations' $1,226,900 $923,477 $923,477 9205 19 076 Painting - Various Locations' $216,000 $75,592 $75,592 9209.19 076 Electrical Upgrades - Various - Design $120,000 $120,000 $120,000 9210.19 076 Lighting Upgrades -Various $58,000 $106,379 $106,379 921620 076 Laney Cooling Tower $585,000 $106,241 $106,241 9220.20 076 MEAC Upgrades` $86,100 $86,100 $86,100 9222.23 076 Safety and Security $1,000,000 $1,000,000 $1,000,000 922121 076 Alderman HVAC $300,000 $300,000 $300,000 9224 21 076 Ashley Painting $200,000 $200,000 $200,000 922521 076 Laney HVAC $200,000 $200,000 $200,000 9226.21 076 Williston Drainage Repairs $130,000 $110,000 $110,000 9227.21 076 Fire Alarm Pannels $120,000 $120,000 $120,000 9228,21 076 Lake Foreest HVAC $185,000 $185,000 $185,000 9229.21 076 Ashley Metal Panels and Roof Repairs $165,000 $165,000 $165,000 9230.21 076 Wrightsboro HVAC $125,000 $125,000 $125,000 $4,697,000 $3,822,789 $0 $3,822,769 DPI School Bus Revenue: 6550.00 120 School Bus Leases (DPI) $1,499,792 $1,279,520 $1,279,520 County Capital Appropriation; 513019 816 Classroom Furniture $220,076 $100,168 $100,168 540019 816 School Office Furniture $11,300 $11,300 $11,300 6401.23 816 Laptop Replacements $1,395,290 $193,995 $193,995 640127 816 Desktop Replacements` $491,100 $200,733 $200,733 640 1:29 816 Laptop Cart Replacements' $83,10:? $2,831 $2,831 6401.32 816 Classroom Projection Devices $660,000 $189,188 $189,188 6401.34 816 Active Directory Migration' $623,000 $623,900 $623,900 654020 816 Custodial Equipment $38,240 $38,240 $38,240 655020 816 Vehicle Replacement $174,100 $174,100 $174,100 6610.19 816 Furniture Replacement $7,124 $7,124 $7,124 9164, i8 816 Howe Window Replace iert $350,000 $38,253 $38,253 9203.19 816 Parking Lot Impr @ Johnson' $3,452 $2,274 $2,274 9206.19 816 Hurricane Florence Repairs $901,200 $8,000 $8,000 9189.20 816 Phase II SeaTech Renovations" $103,318 $81,753 $81,753 9199.20 816 NHHS Field House Sealing $84,000 $60,875 $60,875 9200.20 816 Johnson Window/Door Replacement $455,000 $346,892 $346,892 9202.20 816 Seclusion Rooms at various sites $35,000 $5,023 $5,023 9203.20 816 Parking Lot Impr @ Johnson' $66,000 $66,000 $66,000 9204.20 816 Winter Park Playground Equipment $50,000 $50,000 $50,000 9205.20 816 Painting of Pine Valley and Williston' $75,000 $45,200 $45,200 9218.20 816 Playground Equipment Replacement $234,000 $234,000 $234,000 9220.20 816 MEAC Upgrades' $113,900 $47,063 $47,063 922120 816 Water Filtration $0 $0 $0 923121 816 Ethernet Cabling $150,000 $150,000 $150,000 9232.21 816 Flashing Light Equipment $190,000 $190,000 $190,000 9233.21 816 Codington Site Repairs $40,000 $40,000 $40,000 923421 816 Codington SDA Playground $140,000 $140,000 $140,000 9235,21 816 Hoggard Track Resurfacing $150,000 $150,000 $150,000 9236.21 816 Playground Equipment Replacement $120,000 $120,000 $120,000 9237.20 816 Pine Valley Mobile Door Replacement $95,582 $95,582 $95,582 9238.20 816 Myrtle Grove Locks/Doors $40,000 $40,000 $40,000 9239.20 816 Egress Lighting $7,000 $7,000 $7,000 $7,106,782 $3,459,494 $0 $3,459,494 Board of Commissioners - May 3, 2021 ITEM: 11-1 -2 Capital Outlay Project Summary Budget by Funding Source and Project #: Funding Source/ Protect # Program Project description Project Budget (Multi -Year) Current Amendment #3 Revised Budget County Interlocal Sales Tax Refund (Bond Related)- 6401,29 818 Laptop CartRepiacements" 640124 817 iPad Replacements $468,000 $468,000 $468,000 640127 817 Desktop Replacements' $208,200 $210,022 $210,022 640126 817 VoIP- Phase III $31,900 $31,900 $31,900 640133 817 Tyler Implementaton Equipment $31,000 $30,000 $30,000 640134 817 Active Directory Migration" $76,100 $76,100 $76,100 918119 817 Access Control System Upgrades $365,000 $48.031 $48,031 9189.19 817 Phase II SeaTech Renovations' $33,442 $13,348 $13,348 9219.20 817 Innovative Classroom at Bradley Creek $100,000 $79,162 $79,162 9047,20 817 Modular Unit Moves (Veterans Park)" $30,000 $25,389 $25,389 9247,00 817 Chiller Replacement at Bellamy $213,000 $0 $213,000 $213,000 $1,555,642 $981,952 $213,009 $1,194,952 Fund Balance Appropriation. 640127 818 Desktop Replacements" $223,440 $53,194 $53,194 6401,29 818 Laptop CartRepiacements" $83,100 $217,528 $217,528 6401:30 818 Firewall and Management System $268,500 $6,808 $6,808 9221,00 818 Murray Middle School Solar Panels $194,000 $91,929 $91,929 9240,00 818 FEMA Remediation - Administration Building $55,916 $55,916 $55,916 9241.00 818 FEMA Remediation - Ashley High School $8,731 $8,731 $8,731 924200 818 FEMA Remediation - BOE Center $26,215 $26,215 $26,215 9243.00 818 FEMA Remediation - NHHS $294,100 $294,100 $294,100 9244.00 818 FEMA Remediation - Williston $51,681 $51,681 $51,681 9245.00 818 FEMA Remediation - Winter Park $30,693 $30.693 $30,693 $1,236,376 $836,795 $0 $836,795 2014 Bond Program- 9001.01 900 Northeast ES $15,844,699 $161,581 $ (26,400) $135,181 900203 900 College Park ES Rplmt $15,841,381 $54,046 $ (6,533) $47,513 9003 -05 900 Blair ES Rplmt $17,463,583 $54,496 $ (9,919) $44,578 9004.06 900 Laney HS Addns & Renovns $13,056,886 $0 $0 90050 900 Hoggard HS Addns & Renovns $16,736,979 ($95,044) ($95,044) 900609 900 New Hanover HS Renovns $5,578,996 $0 $0 900710 900 Roland Grise MS Renovns $11,829,885 $150,345 $150,345 9008.11 900 Noble MS Renovns $7,906,664 $1,815,041 $ (253,791) $1,561,250 900912 900 Trask MS Renovns $9,953,100 $788,686 $ (62,885) $725,801 901013 900 Myrtle Grove MS Renovns $9,741,890 $95,627 $95,627 9011 14 900 Wrightsvitle Beach ES Addns & Renovns $9,637,682 $1,108,732 $1,108,732 9012.07 900 Technology - Network Infrastructure $5,690,014 $873,534 $873,534 9013.07 900 Technology - Security Cameras $3,402,276 $1,025,412 $1,025,412 9014,07 900 Technology - VoIP Core Infrastr /Equip $469,279 $0 $0 9015.04 900 Sunset Park Roof Rplmt $206,251 $0 $0 901704 900 Trask Roof Rplmt $1,808,970 $1,755,543 $1,755,543 9018.04 900 Laney Roof Rplmt $363,873 $0 $0 901904 900 Johnson Roof Rplmt $6,272 $0 $0 9020.04 900 Hoggard HS Roof Rplmt $499,722 $0 $0 9022.04 900 Pine Valley Roof Rplmt $305,470 $0 $0 9027.04 900 Veterans Park Roof Coating $876,276 $0 $0 902804 900 Noble Abmt/Carpet Rplmt $274,907 $0 $0 9029.04 900 Hoggard Abmt/Carpet Rplmt $681,750 $89,415 $ (53,552) $35,864 9030.04 900 Laney Abmt/Carpt Rplmt $516,208 $0 $0 9034.04 900 Codington HVAC Imprmts $215,722 $0 $0 903504 900 Eaton HVAC Imprmts $171,462 $0 $0 9036.04 900 Veterans Park HVAC Imprmts $366,320 $0 $0 9037.04 900 New Hanover HVAC Imprmts $267,051 $0 $0 9038.04 900 Bradley Creek HVAC Imprmts $1,317,916 $0 $0 9039.04 900 Johnson HVAC Imprmts $1,309,440 $0 $0 9040.04 900 HVAC & Controls Imprmts at Var Schools $1,534,314 $101,105 $ (6,343) $94,762 9041 15 900 Program Management $3,106,798 $1,706,763 $ (1,044,115) $662,648 9042.16 900 Contingency $975,000 $689,995 $ 215,679 $905,674 904304 900 Carolina Beach Roof Rplmt $162,156 $0 $0 Board of Commissior rs - May 3, 2021 ITEM: fit- 1 - 3 Capital Outlay Project Summary Budget by Funding Source and Project #: Funding Source/ Project # Program Project Description Project Budget (Multi -Year) Current Amendment #3 Revised Budget 904404 900 Roland Grise Roof Rplmt $85,336 $0 6401.27 816 $0 904504 900 Gregory Roo( Rplmt $358,744 $0 County Interlocal Sales Tax $0 9046.04 900 NHHS Roof Rplmt $933,588 $23,510 $223440 $23,510 904717 900 Modular Unit Moves (Veterans Pafl' $303,142 $318,584 $ (1,059) $317,525 9048.20 900 Brogden Hall Gym Floor Replacement $200,000 $200,000 918919 $200,000 9049 901 Riverlights (Design) $275,305 $0 $ 275,305 $275,305 90420 902 Pine Valley ES Rplmt (Design) $279,663 $0 $ 279,663 $279,663 9051 903 MC Williams Renovs (Design) $121,950 $0 $121,950 $121,950 9042 904 Bellamy Root $572,000 $0 $572000 Wi2,000 $160,000,000 $10,917,370 $0 $10,917,370 $176,539,396 $21,297,919 $213,000 $21,510,919 Summary of Projects with Multiple Funding Sources: Project Name Project# Program Funding Source Project Budget (Multi -Year) Current Amendment #3 Revised Budget Desktop Replacements County Interlocal Sales Tax $30,000 $25,389 $0 $25,389 6401.27 816 County Appropriation $491,100 $200,733 $0 $200,733 6401.27 817 County Interlocal Sales Tax $20 &200 $210,022 $0 $210,022 640127 818 Fund Balance Appropriation $223440 $53,194 $0 $53,194 $922,740 $463,949 $0 $463,949 Active Directory Migration 640134 816 640134 817 Laptop Cart Replacements 6401 29 816 6401 29 818 County Appropriation County Interlocal Sales Tax County Appropriation Fund Balance Appropriation $623,000 $623,900 $0 $623,900 $76,100 $76,100 $0 $76,100 $699,100 $700,000 $0 $700,000 $83,100 $174,100 $0 $174,100 $83,100 $0 $0 $0 $166,200 $174,100 $0 $174,100 Mobile Unit Moves - Veteran's Park 9220.20 076 Lottery 922020 9047.20 817 County Interlocal Sales Tax $30,000 $25,389 $0 $25,389 904717 900 County Bond $303,142 $318,564 ($1,059) $311,525 $333,142 $343,973 ($1,059) $342,914 Sea'ech - Phase II & Ill 9189 19 816 County Appropriation $103,318 $81,753 $0 $81,753 918919 817 County Interlocal Sales Tax $33,442 $13,348 $0 $13,348 9189.20 076 Lottery $1,226,900 $923,477 $0 $923477 $1,363,660 $1,018,578 $0 $1,018,578 Painting Projects 920519 076 Lottery 9205.20 816 County Appropriation MEAC Upgrades 9220.20 076 Lottery 922020 816 County Appropriation Johnson Parking Lot Renovations 920319 816 County Appropriation 9203.20 816 County Appropriation $216,000 $75,592 $0 $75,592 $75,000 $66,000 $0 $66,000 $291,000 $1141,592 $0 $141,592 $86,100 $86,100 $113,900 $47,063 $200,000 $133,163 $0 $86,100 $0 $47,063 $0 $133,163 $3,452 $2,274 $0 $2,274 $66,000 $66,000 $0 $66,000 $69,452 $68,274 $0 $68,274 Board of Commissior-Sers - May 3, 2021 ITEM: 11-1 -4 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DAT E: 5/3/2021 Consent DEPARTMENT: Budget PRESENTER(S): Jim lannucci, County Engineer CONTACT(S): Lisa Wurtzbacher, Chief Financial Officer SUBJECT: Adoption of Budget Amendment 21 -070 for Stormwater Services Supplemental Funding BRIEF SUMMARY: The Board of County Commissioners approved a resolution on December 16, 2019 to establish the Stormwater Services Program. This program will provide for a comprehensive and enhanced management of the stormwater system within the unincorporated area of New Hanover County. This will shift certain responsibilities for the maintenance and repair of non - permitted systems that accommodate stormwater flow. Due to supply chain issues, it currently takes longer to purchase small tools and equipment, especially from companies that offer special government pricing. This request is to borrow from the general fund to purchase chain saws, small hand tools, personal protection equipment, supplies and a utility trailer necessary to begin delivering services on July 1, 2021. These items cannot be financed. Purchasing this equipment ahead of time will allow better pricing and will ensure all necessary tools and gear are secured in time to begin delivery of service. Once Stormwater Services is up and running, all funds will be reimbursed to the general fund and an approved budget will be in place for future purchases. This arrangement will allow for services to be delivered in a timely manner. STRATEGIC PLAN ALIGNMENT: • Superior Public Health & Safety o Sustain the community capacity to prepare for and respond to public safety demands ■ Collaborate to optimize system -wide responses and outcomes ■ Reduce or prevent community risks RECOMMENDED MOTION AND REQUESTED ACTIONS: Approve budget amendment 21 -070 for Stormwater Services. ATTACHMENTS: 21 -070 Stormwater Services COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval. Board of Commissioners - May 3, 2021 ITEM: 12 COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 3, 2021 ITEM: 12 AGENDA: May 3, 2021 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2021. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: Stormwater Services Expenditure: Decrease Increase 11 Total BA 21 -070 Supplies $ 50,000 $ 50,000 $ 50,000 Total $ - $ 50,000 $ 50,000 Revenue: Decrease Increase Total BA 21 -070 Transfer in from General Fund $ 50,000 $ 50,000 Total $ - $ 50,000 $ 50,000 Prior to Total if Actions Actions o ay Taken Departmental Budget $ 2,272,746 $ 2,322,746 Fund: General Expenditure: Decrease Increase Total BA 21 -070 Transfer to Stormwater Services I $ 50,000 11 $ 50,000 Total $ Is 50,000 Revenue: Decrease Increase Total BA 21 -070 Appropriated Fund Balance $ 50,000 $ 50,000 Total $ - S 50,000 $ 50,000 Prior to Total if Actions Actions Toda Taken Appropriated Fund Balance $ 9,113,4 00 $ 9,163,400 Section 2: Explanation BA 21 -070 Due to supply chain issues, it currently takes longer to purchase small tools and equipment, especially from companies that offer special government pricing. This request is to borrow from the General Fund to purchase chain saws, small hand tools, personal protection equipment, supplies and a utility trailer necessary to begin delivering services on July 1, 2021. These items cannot be financed. Purchasing this equipment ahead of time will allow better pricing and will ensure all necessary tools and gear are secured in time to begin delivery of service. Once Stormwater Services is up and running, all funds will be reimbursed to the General Fund and an approved budget will be in place for future purchases. This arrangement will allow for services to be delivered in a timely manner. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 21 -070 amending the annual budget ordinance for the fiscal year ending June 30, 2021, is adopted. Adopted, this 3rd day of May, 2021. (SEAL) Julia Olson - Boseman, Chair ATTEST: Kymberleigh G. Crowell, Clerk to the Board Board of Commissioners - May 3, 2021 ITEM: 12- 1 - 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DATE:S /3/2021 Regular DEPARTMENT: Planning PRESENTER(S): Ron Meredith, Current Planner CONTACT(S): Ron Meredith; Brad Schuler, Senior Planner; Rebekah Roth, Planning and Land Use Director SUBJECT: Public Hearing Rezoning Request (Z21 -04) — Request by RSC Engineering, PLLC, on Behalf of the Property Owner, Cape Fear Habitat for Humanity, Inc., to Rezone Approximately 4.9 Acres of Land Located in the 3200 Block of Reminisce Road from R -20, Residential -20 District, to (CZD) R -10, Conditional Residential -10 District, in Order to Develop an 11 -Lot Subdivision BRIEF SUMMARY: The applicant is proposing to construct an 11 -lot single - family subdivision. As currently designed, the proposal will comply with the county's standards for a conventional subdivision with no lots proposed less than 10,000 square feet. The internal subdivision road will be constructed to the county's private roadway standards and be maintained by the proposed subdivision's home owner's association. According to the applicant, required stormwater facilities will be provided via a roadside swale, and no stormwater pond is intended for the subdivision. The applicant has applied for Stormwater Permits with the North Carolina Department of Environmental Quality (NCDEQ) and New Hanover County Engineering. The current R -20 zoning of the site would allow up to 9 lots at a density of 1.9 du /ac under the County's performance residential standards, so the proposed 11 lots would only add an additional 2 dwelling units and would equate to an overall density of 2.24 du /ac. The R -20 district is the predominant zoning in the surrounding area; however, the area also includes R -15 and R -10 districts. The nearby Walnut Hills subdivision was initially zoned to the R -10 district in 1974. When the R -20 district was first applied to this area in the 1970s, public utilities were limited, and many homes in the unincorporated areas of the county utilized private well and septic. Water and wastewater is now available in the area, and the applicant is proposing connections to the CFPUA water and wastewater systems. The county approved two other rezonings to the R -10 district for nearby properties in the last few years. The Bountiful Village development was rezoned to a conditional R -10 district in 2018. Also, about 16 acres of county -owned property at the 3100 block of Castle Hayne Road was rezoned to an R -10 district in 2020 and conveyed to Cape Fear Habitat for Humanity for a workforce housing subdivision. Access is proposed to be provided to the subject property from Reminisce Road, an NCDOT maintained road that connects to Rockhill Road. The applicant has designed the site to allow for a future connection to the adjacent undeveloped parcel to the northeast. In addition, the nearby public street network in the Apple Valley subdivision connects to Oakley Road to the south. Both Oakley Road and Rockhill Road connect to Castle Hayne Road. In 2020, a traffic signal was installed at the intersection of Oakley Road and Castle Hayne Road. As currently zoned, it is estimated the site would generate about 10 -11 trips during the peak hours. Under the Board of Commissioners - May 3, 2021 ITEM: 13 proposed R -10 zoning, the proposed 11 detached single - family homes are estimated to generate about 13 trips during the peak hours. The expected net difference in traffic would be an increase of about 2 -3 trips. The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). Students living in the proposed development would be assigned to Wrightsboro Elementary School, Holly Shelter Middle School, and New Hanover High School. Students may apply to attend public magnet, year -round elementary, or specialty high schools. Based on a generalized historic generation rate, staff would estimate that the increase in homes would result in approximately three students, one additional student than would be generated under current zoning. However, affordable housing developments may be more likely to provide housing for families with school -age children, so the proposed rezoning may generate more students than would be estimated using the historic generation rate estimates. Please refer to the schools section included in this report for additional information on school enrollment and capacity. The rezoning will result in two additional lots, which are expected to have minimal impact on the surrounding areas. The proposed lot sizes and single - family housing type are similar to existing development in the neighborhood, and recent rezonings to the R -10 district have been approved for properties in the area. The proposed conditional R -10 rezoning is generally consistent with the Comprehensive Plan because the proposed density is in line with the residential housing densities outlined for General Residential areas, and the proposal is also consistent with the existing development pattern of the surrounding area. The Planning Board considered this application at their April 1st meeting. At the meeting, no one from the public spoke in opposition to, or in favor of, the proposal. The Planning Board recommended approval of the application (6 -0). They found the application to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with the residential housing densities outlined for General Residential areas. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is consistent with the existing development pattern of the surrounding area. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development 0 Encourage development of complete communities in the unincorporated county ■ Ensure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation for approval of the proposal and the reclassification of the subject site from General Residential to Community Mixed Use on the 2016 Comprehensive Plan's Future Land Use Map. Staff suggests the following motion: I move to APPROVE the proposed rezoning to a Conditional R -10 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with the residential housing densities outlined for General Residential areas. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is consistent with the existing development pattern of the surrounding area. Alternative Motion for Denial I move to DENY the proposed rezoning to a Conditional R -10 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with the residential housing Board of Commissioners - May 3, 2021 ITEM: 13 densities outlined for General Residential areas, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the existing development pattern of the surrounding area and will adversely impact the adjacent neighborhoods. ATTACHMENTS: 721 -04 Script BOC Z21 -04 Staff Report BOC Z21 -04 Zoning Map 721 -04 Future Land Use Map 711 -04 Neighboring Properties Map Applicant Materials CS 711 -04 Application Package Proposed Site Plan CS Z21 -04 Concept Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval as presented by staff. COMMISSIONERS' ACTIONS: Approved 5 -0. Board of Commissioners - May 3, 2021 ITEM: 13 SCRIPT for Zoning Map Amendment Application (Z21 -04) Rezoning Request (Z21 -04) — Request by RSC Engineering, PLLC, on behalf of the property owner, Cape Fear Habitat for Humanity, Inc., to rezone approximately 4.9 acres of land located in the 3200 block of Reminisce Road from R -20, Residential -20 District, to (CZD) R -10, Conditional Residential -10 District, in order to develop an 1 1 -lot subdivision. 1 . This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Aaaroval I move to APPROVE the proposed rezoning to a Conditional R -10 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with the residential housing densities outlined for General Residential areas. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is consistent with the existing development pattern of the surrounding area. Example Motion of Denial I move to DENY the proposed rezoning to a Conditional R -10 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with the residential housing densities outlined for General Residential areas, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the existing development pattern of the surrounding area and will adversely impact the adjacent neighborhoods. Board of Commissioners - ITEM: 13- 1 - Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning to a Conditional R -1 0 district. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - May 3, 2021 ITEM: 13- 1 - 2 STAFF REPORT FOR Z21 -04 CONDITIONAL ZONING DISTRICT APPLICATION APPLICATION SUMMARY Case Number: Z21-04 Request: Rezoning to a Conditional R -10 district Applicant: Property Owner(s): Sonya Edens with RSC Engineering, PLLC Cape Fear Habitat For Humanity Inc. Location: Acreage: 3200 Block of Reminisce Road 4.90 acres PID(s): Comp Plan Place Type: R02500- 003 - 004 -000 General Residential Existing Land Use: Proposed Land Use: Undeveloped Single - Family Residential Current Zoning: Proposed Zoning: R -20, Residential R -20 District (CZD) R -10, Conditional R -10 district SURROUNDING AREA LAND USE ZONING North Single - Family Residential R -20 East Single - Family Residential (Rivendell Bay, Oakley Circle) R -20, R -15 South Single - Family Residential (Apple Valley) R -20 West Single - Family Residential (Apple Valley and Walnut Hills) R -20, R -10 Z21 -04 Staff Report BOC 5.3.2021 Page 1 of 13 Board of Commissioners - May 3, 2021 ITEM: 13- 2 - 1 ZONING HISTORY July 1, 1974 Initially zoned R -20 (Area l0A) COMMUNITY SERVICES Water /Sewer Water and sewer service is available through CFPUA via a mainline Historic extension and pump station. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Wrightsboro. Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools. Recreation Optimist Park, Northern Regional Park, Blue Clay Bike Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z21 -04 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 13- 2 - 2 Page 2 of 13 PROPOSED CONCEPTUAL SITE PLAN • The applicant is proposing to construct an 1 1 -lot single - family subdivision. • As currently designed, the proposal will comply with the County's standards for a conventional subdivision with no lots proposed less than 10,000 square feet. The proposed development provides about 0.49 acres of open space, which meets the County's requirement of providing 10% open space. • The internal subdivision road will be constructed to the County's private roadway standards and maintained by the proposed subdivision's home owner's association. • According to the applicant, required stormwater facilities will be provided via a roadside swale. No stormwater pond is intended for the subdivision. The applicant has applied for a Stormwater Permit with the North Carolina Department of Environmental Quality (NCDEQ). According the NCDEQ, the subdivision meets the Built Upon Area (BUA) requirement of less than 24% to design for a low density Stormwater Permit. The applicant has also applied for a Stormwater Permit with New Hanover County Engineering. Applicant's Conceptual Site Plan with Staff Markups ZONING CONSIDERATIONS • The current R -20 zoning of the site would allow up to 9 lots at a density of 1.9 du/ac under the County's performance residential standards. The proposed 1 1 lots equate to an overall density of 2.24 du/ac with lots ranging from about 12,000 square feet to about 15,000 square feet. • The R -20 district is the predominant zoning in the surrounding area; however, the area also includes R -15 and R -10 districts. The nearby Walnut Hills subdivision was initially zoned to the R -10 district in 1974. Z21-04 Staff Report BOC 5.3.2021 Page 3 of 13 Board of Commissioners - May 3, 2021 ITEM: 13- 2 - 3 • When the R -20 district was first applied to this area in the 1970's, public utilities were limited, and many homes in the unincorporated areas of the County utilized private well and septic. Water and wastewater is now available in the area, and the applicant is proposing connections to the CFPUA water and wastewater systems. • The County recently approved two other rezonings to the R -10 district for nearby properties in the last few years. The Bountiful Village development was rezoned to a (CZD) R -10 district in 2018. Also, about 16 acres of County owned property at the 3100 block of Castle Hayne Road was rezoned to an R -10 district in 2020 and conveyed to Cape Fear Habitat for Humanity for a workforce housing subdivision. AREA SUBDIVISIONS UNDER DEVELOPMENT Z21-04 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 13- 2 - 4 Page 4 of 13 TRANSPORTATION • Access is proposed to be provided to the subject property from Reminisce Road, an NCDOT maintained road that connects to Rockhill Road. In addition, the nearby public street network in the Apple Valley subdivision connects to Oakley Road to the south. Both Oakley Road and Rockhill Road connect to Castle Hayne Road. • The applicant has also designed the site to allow for a future connection to the adjacent undeveloped parcel to the northeast. • A traffic signal was installed at the intersection of Oakley Road and Castle Hayne Road in 2020. Z21-04 Staff Report BOC 5.3.2021 Page 5 of 13 Board of Commissioners - May 3, 2021 ITEM: 13- 2 - 5 • As currently zoned, it is estimated the site would generate about 10 -1 1 trips during the peak hours. Under the proposed (CZD) R -10 zoning, the proposed 1 1 detached single - family homes are estimated to generate about 13 trips during the peak hours. The expected net difference in traffic would be an increase of about 2 -3 peak hour trips when compared to the current zoning. • The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • Because a TIA is not required, staff has provided the volume to capacity ratio for Castle Hayne Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. The volume to capacity ratio indicates capacity currently exists in this area to accommodate the small change in estimated trips. NCDOT Averaae Annual Dailv Traffic (AADT) - 2020 Road Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM 0 PM Typical Development 9 Single - Family 1 1 AM 10 PM under Current Zoning: Dwellings Rockhill Road Proposed 11 Single - Family 13 AM/ 13 PM Development: Dwellings • The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • Because a TIA is not required, staff has provided the volume to capacity ratio for Castle Hayne Road near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. The volume to capacity ratio indicates capacity currently exists in this area to accommodate the small change in estimated trips. NCDOT Averaae Annual Dailv Traffic (AADT) - 2020 Road Location Volume Capacity V/C Castle Hayne Road 1,000 feet south of 16,324 19,603 0.83 Rockhill Road Z21 -04 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 13- 2 - 6 Page 6 of 13 Nearby Planned Transportation Improvements and Traffic Impact Analyses Under Review Under Draft Subject Site Z, _-mw„ STIP Project Miles f 0 0.23 0.45 s Nearby NC STIP Projects: (STIP Project U -5863 1 Mile Radius • STIP Project U -5863 • Project to widen Castle Hayne Road from 1 -140 to Division Drive. This project will add a center turn lane or median to sections of the road. • The current construction schedule for this project is to begin right -of -way acquisition in 2029. Nearby Traffic Impact Analyses: There are no pending or approved Traffic Impact Analyses within the proximity of the subject property that are anticipated to affect this request. Z21 -04 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 13- 2 - 7 Page 7 of 13 ENVIRONMENTAL • The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas. • According to the applicant there is no evidence of regulated wetlands within the area of the property to be developed. • The property is within the Ness Creek (C;Sw) watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable /slight limitation) and Class II (moderate limitation) soils; however, the project will connect to CFPUA sewer and water services. OTHER CONSIDERATIONS SCHOOLS • Students living in the proposed development would be assigned to Wrightsboro Elementary School, Holly Shelter Middle School, and New Hanover High School. Students may apply to attend public magnet, year -round elementary, or specialty high schools. • A maximum of 9 dwelling units would be permitted under the current R -20 zoning base density, and 1 1 units could be developed under the proposed conditional zoning for an increase of 2 dwelling units. • Based on a generalized historic generation rate *, staff would estimate the new project would generate roughly one additional student. However, affordable housing developments may be more likely to provide housing for families with school -age children, so the proposed rezoning may generate more students than would be estimated using the historic generation rate estimates. Development Type Intensity Estimated Student Generation (generalized historic student generation rate)* Existing Development Undeveloped Total: 0 students Typical Development 9 residential units Total: 2 students under Current R -20 Zoning Proposed (CZD) R -10 11 residential units Total: 3 students" Zoning * Generalized historic generation rates are calculated by dividing the projected New Hanover County public school student enrollment for the 2020 -2021 school year by the estimated number of dwelling units in the county. Currently, there are an average of 0.24 public school students (0.11 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. These numbers are updated annually and include students attending out -of- district specialty schools, such as year -round elementary schools, Isaac Bear, and SeaTECH. Generation rates do not take into account different housing types and different locations, which typically yield different numbers of students. ** The estimated student generation calculation results in a difference of fewer than one student being generated from the proposed rezoning compared to current zoning (2.16 compared with 2.64). Since the proposed development is likely to have a build -out date within 5 years, staff has outlined existing school capacity to provide a general idea of the potential impact on public schools. Z21 -04 Staff Report BOC 5.3.2021 Page 8 of 13 Board of Commissioners - May 3, 2021 ITEM: 13- 2 - 8 • These numbers do not reflect any future capacity upgrades that may occur over the next five years or changes to student populations. School Enrollment* and Capacity ** - 2020 -2021 Estimates * Enrollment is based on the New Hanover County Schools enrollment that was projected for the 2020 -2021 school year. ** Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design, classrooms to serve a unique population such as ESL, or classrooms designated for art and music if the building wasn't specifically designed with those spaces. • The recent facility needs survey that has been prepared by Schools staff includes the most current NC Department of Public Instruction (DPI) student growth projections and school capacity data. It does not include student growth projections and available capacity for individual schools, but it appears that planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district -wide over the next five years if facility upgrades are funded. NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 2018 -2023 is to encourage the development of complete communities in the unincorporated county by increasing access to goods and services and providing for a range of housing types and price points. • The subject site is within the Wrightsboro community area. The proposed project includes single - family housing and is located more than one mile away from existing retail and service providers, so it would not impact the percentage of homes within a one -mile radius of basic goods and services or the diversity of the community's housing types. • While the Wrightsboro area is one of the communities in the unincorporated county with more affordable housing options, the number of for -sale units in the overall County serving residents making less than 80% of Area Median Income (AMI) is limited. As a Habitat for Humanity project, the proposed subdivision would assist in providing the range of price points envisioned by the strategic plan for the County as a whole. Z21 -04 Staff Report BOC 5.3.2021 Page 9 of 13 Board of Commissioners - May 3, 2021 ITEM: 13- 2 - 9 Capacity of % of Total Enrollment Assigned Capacity of Funded NHC % of Assigned School w/ Assigned Capacity Level Capacity I School School Portables School Upgrades Elementary 97% Wrightsboro 547 564 97% None Middle 107% Holly Shelter 917 934 98% None High 105% 1,532 1,648 93% None Hanover * Enrollment is based on the New Hanover County Schools enrollment that was projected for the 2020 -2021 school year. ** Capacity calculations were determined by New Hanover County Schools for the 2020 -2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children's classrooms beyond the original building design, classrooms to serve a unique population such as ESL, or classrooms designated for art and music if the building wasn't specifically designed with those spaces. • The recent facility needs survey that has been prepared by Schools staff includes the most current NC Department of Public Instruction (DPI) student growth projections and school capacity data. It does not include student growth projections and available capacity for individual schools, but it appears that planned facility upgrades, combined with changes to student enrollment patterns, will result in adequate capacity district -wide over the next five years if facility upgrades are funded. NEW HANOVER COUNTY STRATEGIC PLAN • One of the goals of the New Hanover County Strategic Plan for 2018 -2023 is to encourage the development of complete communities in the unincorporated county by increasing access to goods and services and providing for a range of housing types and price points. • The subject site is within the Wrightsboro community area. The proposed project includes single - family housing and is located more than one mile away from existing retail and service providers, so it would not impact the percentage of homes within a one -mile radius of basic goods and services or the diversity of the community's housing types. • While the Wrightsboro area is one of the communities in the unincorporated county with more affordable housing options, the number of for -sale units in the overall County serving residents making less than 80% of Area Median Income (AMI) is limited. As a Habitat for Humanity project, the proposed subdivision would assist in providing the range of price points envisioned by the strategic plan for the County as a whole. Z21 -04 Staff Report BOC 5.3.2021 Page 9 of 13 Board of Commissioners - May 3, 2021 ITEM: 13- 2 - 9 REPRESENTATIVE DEVELOPMENTS Representative R -20 Developments: z Representative R -10 Developments: Z21 -04 Staff Report BOC 5.3.2021 Page 10 of 13 Board of Commissioners - May 3, 2021 ITEM: 13- 2 - 10 Representative Habitat for Humanity Development: CONTEXT AND COMPATIBILITY • The rezoning will result in two additional lots, which are expected to have minimal impact on the surrounding areas. • The applicant proposes that the lots range from about 12,000 square feet to about 15,000 square feet. The proposed lot sizes and single - family housing type are similar to existing development in the neighborhood. • Recent rezonings to the R -10 district have been approved for properties in the area. 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Z21 -04 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 13- 2 - 11 Page 11 of 13 Future Land Use General Residential Map Place Type Focuses on lower- density housing and associated civic and commercial services. Typically, housing is single - family or duplexes. Commercial uses Place Type should be limited to strategically located office and retail spaces, while Description recreation and school facilities are encouraged throughout. Types of uses include single - family residential, low- density multi - family residential, light commercial, civic, and recreational. The subject parcel is located off of Reminisce Road about one mile west of Castle Hayne Road, a minor arterial roadway. The site is located between the GE employment center to the north and the Wrightsboro community - level commercial node at the intersection of Castle Hayne Road and N. Kerr Avenue to the south. This area was designated as General Residential to provide for development consistent with the existing lower density neighborhoods in a Analysis place where a mix of uses is less appropriate. The proposed development with its density of 2.2 dwelling units per acre would provide a residential development consistent with the density recommendation for this place type (up to 8 dwelling units per acre) and is only slightly higher than the maximum density of 1.9 dwelling units per acre permitted in the surrounding R -20 district. In addition, the proposed lot sizes will be similar to adjacent residential neighborhoods. The proposed conditional R -10 rezoning is generally CONSISTENT with the Consistency Comprehensive Plan because the proposed density is in line with the Recommendation residential housing densities outlined for General Residential areas, and the proposal is also consistent with the existing development pattern of the surrounding area. Z21 -04 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 13- 2 - 12 Page 12 of 13 PLANNING BOARD ACTION The Planning Board considered this application at their April Is' meeting. At the meeting, no one from the public spoke in opposition, or in favor of, the proposal. The Planning Board recommended approval of the application (6 -0). They found the application to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with the residential housing densities outlined for General Residential areas, the Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is consistent with the existing development pattern of the surrounding area. STAFF RECOMMENDATION Staff concurs with the Planning Board's recommendation for approval of the proposal and the reclassification of the subject site from General Residential to Community Mixed Use on the 2016 Comprehensive Plan's Future Land Use Map. Staff suggests the following motion: I move to APPROVE the proposed rezoning to a Conditional R -10 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with the residential housing densities outlined for General Residential areas. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the proposal is consistent with the existing development pattern of the surrounding area. Alternative Motion for Denial I move to DENY the proposed rezoning to a Conditional R -10 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed density is in line with the residential housing densities outlined for General Residential areas, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the existing development pattern of the surrounding area and will adversely impact the adjacent neighborhoods. Z21 -04 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 13- 2 - 13 Page 13 of 13 Case: Z21 -04 R -10 Site Address: 3200 block Reminisce Rd O � O a 600 Feet A Existing Zoning /Use: R -20 /Undeveloped -5 ai Subject Site R -20 Proposed Zoning CZD R -10/ Single - Family Residential 'tn Zoning Districts B -1 AC R -5 EDZD CB 1 -1 R -7 PD B -2 1 -2 R -10 RMF -X CS AR R -15 RMFU SC RA R -20 UMXZ Q &I R -20S Indicates Conditional Use District (CUD) Indicates Conditional Zoning District (CZD) COD See Section 5.7 of the UDO L�] Incorporated Areas t jSHOD Case: Site Address: Z21 -04 3200 block Reminisce Rd Rockhill-Rd V Q LU .11 Feet C5 Existing Zoning /Use: R -20 /Undeveloped z a� General Residential Proposed Zoning CZD R -10/ Single - Family Residential i+I co Subject Site L Place Types COMMERCE ZONE EMPLOYMENT CENTER GENERAL RESIDENTIAL URBAN MIXED USE COMMUNITY MIXED USE RURAL RESIDENTIAL CONSERVATION Case: Site Address: Existing Zoning /Use: Proposed Zoning Z21 -04 3200 block R -20 /Undeveloped CZD R -10/ Reminisce Rd Single - Family Residential N i 3304 • �� L *; a i P D !� R -20 IU .t x ^�o ! 1611 1625 z Site Rockhill Rd • • m 1617 17171 1540 • • • 1725 Op 3228 3221 • • Qa�1701 171 21716 3224 3217 • • • 1728 1814 • • • • • 1900 3220 3213 3211 1720 3110 3216 • • • • 3209 �p� 3112 :06 3212 3113•'S� • 3207 3208 • • • 3115 • 3114 3205 `� • 3 •328 • Subject Site �� 3116 Jy� 3203 •� 3 01 3204 + • • 3202 ti 604 3200 3139 3140 • • • • 3139.3136 3135 :136 • 3132 413 L 3120 • 3135 • 409 414 w • 1 3132 3128 3131 • • • • 313• �� • 405 3 k`�y'�1C 3116 3127 •3128 • •3127` • 3 24 406 410 O • • . 3124 � 123 X402 • 312 ;120 31d99 •3118 3.1.19 3115 413 • 3116 • 409 • 3105 • 3110 405• 40 1 Neighboring Parcels 600 Feet APPLICANT MATERIALS Board of Commissioners - May 3, 2021 ITEM: 13- 6 - 1 NEW HANOVER COUNTY DEPARTMENT OF PLANNING & LAND USE 230 Government Center Drive, Suite 110 Wilmington, North Carolina 28403 Telephone (910) 798 -7165 FAX (9 7 0) 798 -7053 planningdevelopment.nhcgov.com \j l� X \ r This application form must be completed as part of a conditional zoning application submitted through the county's online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the application, are set out in Section 10.3.3 of the Unified Development Ordinance. 1. Applicant and Property Owner Information Applicant /Agent Name Owner Name (if different from Applicant /Agent) Sonya Edens Cape Fear Habitat for Humanity, Inc. Company Company /Owner Name 2 RSC Engineering, PLLC Address Address 15226 US Hwy 17 3310 Fredrickson Road City, State, Zip City, State, Zip Hampstead, NC 28443 Wilmington, NC 28401 Phone Phone 910 - 270 -9599 910- 762 -4744 Email Email sonya @rscengineering.com wendi@capefearhabitat.org Board. of Commissioners - May 3, 2021 Page 1 of 6 ITEM: 13- 7 - 'tonditional Zoning District Application — Updated 12-2020 2. Subject Property Information Address /Location Parcel Identification Number(s) Dorsey Lane, Castle Hayne R02500- 003 - 004 -000 Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification 4.9 R -20, Vacant R -10 (Conditional) 3. Proposed Zoning, Use(s), & Narrative Proposed Conditional Zoninq District: R -10 1 Total Acreage of Proposed District: 4.9 Please list the uses that will be allowed within the proposed Conditional Zoning District, the purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted in the corresponding General Use District are eligible for consideration within a Conditional Zoning District. Only single family residential use shall be allowed within in the proposed Conditional R -10 zoning district. The owner, Cape Fear Habitat for Humanity proposes to develop the site into an 11 lot subdivision. Water and sewer service shall be via CFPUA. The subdivision proposed is low density and storm water shall be conveyed via roadside swales. 4. Proposed Condition(s) Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater restrictions on the development and use of the property than the corresponding general use district regulations may be added. These conditions may assist in mitigating the impacts the proposed development may have on the surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below. Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process. No additional conditions proposed. 5. Traffic Impact Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this application. ITE Land Use: Residential 210 Single Family Detached Housing Trip Generation Use and Variable (gross floor area, dwelling units, etc.) Dwelling Units (11) AM Peak Hour Trips: 8.14 PM Peak Hour Trips: 10.89 Board. of Commissioners - May 3, 2021 Page 2 of 6 ITEM: 13- 7 - conditional Zoning District Application — Updated 12-2020 6. Conditional Zoning District Considerations The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community at- large. The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional Zoninq district meets the followinq criteria. 1. How would the requested change be consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan, applicable small area plans, etc. The parcel is located within a residential area and the proposed use is low density residential housing. This is consistent with the Comprehensive Plan for this area. 2. How would the requested Conditional Zoning district be consistent with the property's classification on the 2016 Comprehensive Plan's Future Land Use Map. The parcel is located within the General Residential type of use on the Future Land Use Map. The proposed rezoning is consistent with general residential land use. 3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is the land involved unsuitable for the uses permitted under the existing zoning? With the availability of water and sewer, it allows for increased density to be considered when developing the parcel. Much care and consideration have been given to identify the best use of the land without over developing the parcel. Board. of Commissioners - May 3, 2021 Page 3 of 6 ITEM: 13- 7 - 3 Conditional Zoning District Application — Updated 12-2020 Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed items are included and confirm by initialing under "Applicant Initial'. If an item is not applicable, mark as "N/A ". Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will confirm if an appli -c-U io is complete within five business days of submittal. Application Checklist p' This application form, completed and signed Application fee: • $600 for 5 acres or less — CRA G919 G • $700 for more than 5 acres • $300 in addition to base fee for applications requiring TRC review Community meeting written summary bR Traffic impact analysis (if applicable) — INA IV Legal description (by metes and bounds) or recorded survey Map Book and Page Reference of the property requested for rezoning Conceptual Plan including the following minimum elements: Tract boundaries and total area, location of adjoining parcels and roads • Proposed use of la d1i_, Rilding areas and other improvements • For residential uses, include the maximum number, height, and type of units; area to be occupied by the structures; and /or proposed subdivision boundaries. • For non - residential uses, include the maximum square footage and height of each structure, an outline of the area structures will occupy, and the specific purposes for which the structures will be used. • Proposed transportation and parking improvements; including proposed rights -of -way and roadways; proposed access to and from the subject site; arrangement and access provisions for parking areas. • All existing and proposed easements, required setbacks, rights -of -way, and buffers. • The location of Special -Flood Hazard Areas. • A narrative of the existing vegetation on the subject site including the approximate location, species, and size (DBH) of regulated trees. For site less than 5 acres, the exact location, species, and sized (DBH) of specimen trees must be included. ' • Approximate locat own _Rd type of stormwater management facilities intended to serve the site. • Approximate location of regulated wetlands. Applicant Initial • Any additional conditions and requirements that represent greater restrictions on development and use of the tract than the corresponding general use district regulations or additional limitations on land that may be regulated by state law or' local ordinance 9;E One (1) hard copy of ALL documents and site plan. Additional hard copies may be required by staff depending on the size of the document /site plan. of Pik One (1) digital PDF copy of ALL documents AND plans Page 5 of 6 Board, of Commissioners - a Ma5ogg Tl Zoning District Application — Updated 12 -2020 �^' ITEM: 13- 7 - 4 7. Acknowledgement and Signatures By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be correct. I certify that this application is complete and that all information presented in this application is accurate to the best of my knowledge, information,,and belief. If applicable, I also appoint the applicant /agent as listed on this application to represent me and make decisions on my behalf regarding this application during the review process. The applicant /agent is hereby authorized on my behalf to: 1. Submit an application including all required supplemental information and materials; 2. Appear at public hearings to give representation and comments; and 3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or arising out of this application. for Cape Fear Habitat for Humanit Steve Spain, Executive Director Signature of 4o erty Owner(s) Print Name(s) Signature of Applicant /Agent Print Name Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is required for each owner of record. If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee schedule as published on the New Hanover County Planning website will be required. Board. of Commissioners - May 3, 2021 Page 6 of 6 ITEM: 13- 7 - 5 Conditional Zoning District Application — Updated 12 -2020 IS 226 US iHighwary 1:+, Hampstead, NBC 2$443 Enulnearinu, PILL PI^c,ns: (910;1270-9595 Pay.: 1510�270-9592 e-mail: rldm�.nLRC,C: n.fineering.ctsm Community Meeting Summary • Project Information Notice was mailed out to 73 property owners on 2/16/21 per the list provided by New Hanover County Planning Department. The mailing included the notice letter and a copy of the site plan. • The notice letter and site plan were emailed to New Hanover County Planning for uploading to their communication site. • Inquiries from (3) different property owners were received. See summary of each below. 2/23/21: Michelle Carlisle (KG Plaza) emailed and requested an enlarged site plan. A pdf of the site plan was emailed as requested on 2/23/21. 2/23/21: Hollyann Montalban phoned to ask questions as noted below: • Question: What is the pump station? o Answer: This is where wastewater will be collected from each of the houses and pumped to the existing sewer main along the road. • Question: What is the hatched area on the plan? o Answer: This is open space to be utilized as a natural area walking trail. • Question: Are there any ponds in the subdivision? o Answer: No, the subdivision is proposed low density development with roadside swales for stormwater management. • Question: Where will the house on Lot 1 be located? o Answer: We do not have individual lot plans yet, but the houses are typically placed close to center from left to right on lots. 2/23/21: Frederick Gordon called while I was out of the office. I returned the call later that day and left a message on an answering machine. 2/24/21: Michelle Carlisle (KG Plaza) emailed and requested a copy of the information notice letter (her admin had inadvertently shredded their copy). A pdf of the notice was emailed as requested on 2/23/21. 2/25/21: Frederick Gordon called again. He asked if there would be any development on 3137 Oakley Court. I explained it was a proposed subdivision rezoning that would only apply to the parcel owned by the developer and there would be no development /zoning activity on the parcel he referenced. I further explained that he received the letter as a notification that there was proposed rezoning on a parcel in close proximity to his parcel. Board of Commissioners - May 3, 2021 ITEM: 13- 7 - 6 3 Q a OAKLEY CIRCLE �o W U� Wa z 'AA A- has R8W� 13001413N e SZ'Od 09 'ON — ,Irocc w MlzTr.ols — w1 sg� wu s E. 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Z � w QLd °hw UO ° a any d 5 Ogg a IL C3 .% 5 ,,s s I rJ c Q- PROPOSED SITE PLAN Board of Commissioners - May 3, 2021 ITEM: 13- 8 - 1 REVISIONS dt O 0 N CD 0- �r- m <t- N 'zr M wrt • • .I C/) r Board of Commissioners - May 3, 2021 ITEM: 13- 9 - 1 a w w w C/-) LOT 3 w MAP OF MINOR SUBDIVISION _ FOR HARRY DORSEY MB 60 PG 257 o A PORTION OF PARCEL 1 MB 53 PG 196 HOLLYANN E & VICTOR MONTALBAN DEED BOOK 6061 PAGE 1309 (R -20) CD CD LO - 1 +00 130.n�i� LOT 2 MAP OF REVISION HARRY DORSEY OF LOT 2 AND RMAINDER PARCEL 1 MB 59 PG 352 MB 60 PG 257 LELIN OMAR C RON CRUZ DEED BOOK 5953 PAGE 1115 (R -20) 410 APPLE VALLEY SECTION 3 REV MB 38 PG 286 ERNEST HILL HRS DEED BOOK 348 PAGE 673 TAX ID R02500- 002 -000 PARCEL 1A MAP BOOK 59 PAGE 352 MINOR SUBDIVISION FOR HARRY DORSEY A PORTION OF PARCEL 1 MB 53 PG 196 H.D.M.S. DEED BOOK 6036 PAGE 2890 PARCEL 1B MAP BOOK 59 PAGE 352 MINOR SUBDIVISION FOR HARRY DORSEY A PORTION OF PARCEL 1 MB 53 PG 196 PILAR LEON DEED BOOK 5941 PAGE 1770 I 91,21' 8.55' S83 °33'3 7'E CURVE TABLE 0.24' OPEN SPACE 35.13' L4 C1 ? =18 °50'41' R= 175.00' T= 29.04' L= 57.56' CB= S87'21'11'W CH= 57.30' S05 °37'25'W C2 ? =28 °03'32' R= 175.00' T= 43.73' L= 85.70' CB= S87 °46'32'E CH= 84.85' 34.32' C3 ? =05 °54'07' R= 225.00' T= 11.60' L= 23.18' CB= S76'41'50'E CH= 23.17' C4 ? =12 °36'13" R= 225.00' T= 24,85' L= 49,49' CB= S85 °57'00'E CH= 49.39' C5 ? =32 °51'38' R= 17.00' T =5.01' L =9.75' CB= N75 °49'18'W CH =9.62' C6 ? =20 °16'11' R= 17.00' T =3.04' L =6.01' CB= N49 °15'24'W CH =5.98' C7 ? =52 °45'34" R= 53.00' T= 26.29' L= 48.80' CB= N65 °30'05'W CH= 47.10' DEED BOOK 5444 C7a ? =09 °19'26" R= 53.00' T =0432' L =8.62' I CB= N83 °27'24'W CH =8.62' ti C8 ? =63 °04'35' R= 53.00' T= 32.50' L= 58.29' CB= N47 °17'24'E CH= 55.39' h C9 ? =72 °01'02' R= 53.00' T= 38.52' L= 66.62' CB= N20 °13'24'W CH= 62.32' Q C10 ? =48 °51'09" R= 25.00' T= 11.35' L= 21.32' CB= S30 °02'59'W CH= 20.68' C11 ? =33 °16'19' °30'21' R= 25.00' T =7.47' L= 14.52' CB= N71 °06'44'E °59'56'W CH= 14.31' C12 C13 ? =18 ? =18 °30'21" R= R= 175.00' 175.00' T= T= 28.51' 28.51' L= L= 56.52' 56.52' CB= CB= N82 S82 °59'56'E CH= CH= 56.28' 56.28' 2� v� C14 ? =23 °20'30' R= 225.00' T= 46.48' L= 91.66' CB= S85 °25'01'E CH= 91.03' C15 ? =04 °58'54' R= 225.00' T =9.79' L= 19.56' CB= S80 °25'17'W CH= 19.56' L11 C16 ? =18 °50'41" R= 125.00' T= 20.74' L= 41.11' CB= S87 °21'11'W CH= 40.93' - - - - - - - L7 S83 °34'20'E 10 1 0 82.75' X LINE TABLE ° z I 91,21' 8.55' S83 °33'3 7'E N83 °13'28'W 0.24' OPEN SPACE 35.13' L4 S73 °44'46'E 5.50' L5 N73 °44'46'W 381,76' L6 5891,4 sq,ft, L7 S05 °37'25'W _ L8 S05 °37'25'W 91.21' L9 S87 °44'53'W 39,95' L10 S73 °44'46 'E 73.16' I I 20' DRAINAGE ) r - - - - 91.21' 34.32' L13 N83 °13'28'W 0.21' PARCEL 2 S83 °13'28'E EASEMENT I _ I - -� - - - 91,21' MAP BOOK 53 PAGE 196 I - MAP OF COURT ORDERED DIVISION FOR ELIJAH BONEY JR., PRESTON BONEY, EUGENE BONEY ANGELA & RAYE BONEY I I o DEED BOOK 5444 o CD I� I I I PAGES 20 -22 co I co 0 I� W Z) I I� I I� h h I I , Io I I� I I� I I I ICI IMI Ln Z 0 DRIVEWAY - J Iz I� MAILB ❑X KI ❑SK I- CULVERT I C1 C14 SWALE "� � I I I 50,00 ' L12 L11 I L13 C16 ,I - - - - - - - - - L7 S83 °34'20'E 10 1 0 82.75' N 3 +00 o Q 13 C1 U 2 +00 o oO C12 L ° - h � 4 +00 Q C9 1 r� C F �� I , A T 4 2 o o C2 5 +00 - 5 +7 ,73 I I + L3 L4 O I L2 cl SWALE "B" L5 ga I I _ -� C3 Q \ I C4 L6 C5C \ I I I PARCEI I1 DRIVEWAY\ 71) c8 I� ro I I 4.9 QCf "O I ± CULVERT \ ti co I I M I I I I co 3 I 11 Io �W I I I f �I leWl I ICo I I)I pl CK) I I I I I la I I I I I I Iz I __ II 30, ILITY - - - - 90.11 EASEMENT 90,11' Qn 11, 90.11' n tnglneering, rLLU 436 GALA ACRES SECTION 5 (REVISION) MB. 46 PG. 106 DESIGN & MAINTENANCE OF ALTERNATIVE LAND USES RSC ENGINEERING, PLLC 15226 US HWY 17 HAMPSTEAD, NORTH CAROLINA 28443 PHONE: 910.270.9599 - FAX: 910.270.9592 E -Mail: sonya @rscengineering.com 437 S86° �o 7- 4 438 C7a \ \ p g I LO co I \ I \ I I \ 2 0 \ I I3 I I L Nd� I 0 f9\ 11c' t 20' UTILITY I I I EASEMENT \ / / ti2�$ (Mg 64 PG-240) PUMP STATI ❑N 441 L1 N83 °13'28'W 8.55' L2 N83 °13'28'W 0.24' L3 S77 °56'01'W 35.13' L4 S73 °44'46'E 5.50' L5 N73 °44'46'W 67.90' L6 S87 °44'53'W 31.52' L7 S05 °37'25'W 8.55' L8 S05 °37'25'W 12.43' L9 S87 °44'53'W 39,95' L10 S73 °44'46 'E 73.16' L11 N73 °44'46'W 0.24' L12 S77 °55'50'W 34.32' L13 N83 °13'28'W 0.21' L14 S83 °13'28'E 8.57' 3 WILLARD M. GARRETT MB 29 PG 623 � DEED BOOK 6046 °n ry PAGES 2714 -2717 N OPEN SPACE 15538.36 sq,f t, 442 LEGACY LAND NG DEVELOPED BY CAPE FEAR HABITAT FOR HUMANITY REMAINDER OF PARCEL 1 M.B. 53 PG. 196 PARCEL ID #R02500- 003 - 004 -00 D.B. 5819 PG. 2264 M.B. 59 PG. 352 CAPE FEAR TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA 40 • • 40 :• 4• VICINITY MAP NTS SITE DATA OWNER /DEVELOPER: CAPE FEAR HABITAT FOR HUMANITY, INC. 3310 FREDRICKSON ROAD WILMINGTON, NC 28401 SUBDIVISION NAME: LEGACY LANDING TOTAL SITE AREA .............................. 4.9 ACRES 100 YEAR FLOOD PLAIN ................... N/A PROPOSED ZONING: R10 (RESIDENTIAL DISTRICT) MIN LOT AREA ............................ 10,000 SF MIN LOT WIDTH ........................... 70 FT MIN FRONT YARD SETBACK ........ 25 FT MIN SIDE YARD SETBACK ........... 5 FT MIN REAR YARD SETBACK .......... 20 FT TOTAL NUMBER OF LOTS .................... 11 AVG. LOT SIZE ...... ............................... 14,392 SF UTILITIES: WATER AND SEWER BY CFPUA OPEN SPACE: REQUIRED = 10% (R10) = 10% x 4.9 AC = 0.49 ACRES PROVIDED = 0.49 ACRES *OPEN SPACE AS SHOWN SHALL BE USED AS A WALKING TRAIL SOILS: NORFORK FINE SANDY LOAM (No) LYNCHBURG FINE SANDY LOAM (Ls) ONSLOW LOAMY FINE SAND (On) ASPHALT PAVEMENT 2% SLOPE R/W SHOULDER 3% SLOPE 50.00' RAW 6' 12' 1 12' 6' SWALE w/4 :1/ SIDE SLOPES TYPICAL ROAD SECTION NTS NO SURFACE WATERS, WETLANDS, REGULATORY FLOOD ?ONES, PROTECTED VEGETATED SETBACKS, OR PROTECTED RIPARIAN BUFFERS EXIST WITHIN THE PROPERTY BOUNDRY SUBDIVISION LAYOUT DATE: 10/26/2020 SCALE: 1" = 40' JOB # 18022408 DRAWN BY: JAR SHEET C 1 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION MEETING DAT E: 5/3/2021 Regular DEPARTMENT: Planning PRESENTER(S): Brad Schuler, Senior Planner CONTACT(S): Brad Schuler; Rebekah Roth, Interim Planning and Land Use Director SUBJECT: Public Hearing Rezoning Request (Z21 -05) - Request by Design Solutions, on Behalf of the Property Owner, Bonnie D. & David M. Narron, to Rezone Approximately 0.8 Acres of Land Located at 3419 N. Kerr Avenue from AR, Airport Residential, to (CZD) B -1, Neighborhood Business, in Order to Develop a Vehicle Service Station BRIEF SUMMARY: The applicant is seeking to rezone approximately 0.8 acres of land located at 3419 N. Kerr Avenue from AR to (CZD) B- 1 in order to develop a vehicle service station. The business seeking the rezoning (First Quality Imports) has an existing location in Wrightsboro on Castle Hayne Road approximately one quarter mile south of N. Kerr Ave. Under the proposed B -1 zoning district, vehicle service stations are restricted to performing repairs of vehicles that are minor in nature such as tune ups, oil changes, and fire replacement, etc. Major repairs that require assembly or disassembly of engine parts, body parts, transmissions, etc. are prohibited in the B -1 zoning district. As currently zoned, the subject site would be permitted 1 residential lot with a minimum area of 30,000 square feet. A development of this scale would generate about 1 trip during the peak hours. The proposed development would increase the estimated number of peak hour trips by about 15 -20 trips. The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic I mpact Analysis. The property is located on a minor arterial road and abuts the Wrightsboro commercial node and commercial zoning to the west. The 2016 Comprehensive Plan classifies the site as Community Mixed Use. Overall, the proposal is generally CONSISTENT with the plan because the proposed business is consistent with the types of commercial uses that would be encouraged in the Community Mixed Use place type. In addition, the proposed use would provide an appropriate transition from lower density housing located north of N. Kerr Ave to the Airport Commerce employment center located to the south and east of the subject site where higher intensity uses are encouraged. The Planning Board considered this application at their April 1st meeting. At the meeting, two residents spoke in opposition of the item, citing concerns over commercial development encroaching closer to nearby residential homes on N. Kerr Ave. The Planning Board recommended approval of the application (6 -0) with conditions, finding it to be: CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed business is consistent with the types of commercial uses that would be encouraged in the Community Mixed Use place type. The Planning Board also found APPROVAL of the rezoning request is reasonable and in the public interest because the site is located on a minor arterial street near existing commercial services, the use would have limited traffic impacts, and approval supports the success of an existing business. Board of Commissioners - May 3, 2021 ITEM: 14 Conditions: 1. A connection and easement for a future parking lot cross- access shall be provided to the undeveloped land adjoining the site to the east. 2. The business hours of operation shall be limited to Monday through Friday, 8:00 a.m. to 6:00 p.m. STRATEGIC PLAN ALIGNMENT: • Intelligent Growth & Economic Development • Encourage development of complete communities in the unincorporated county ■ Citizens have daily needs met by N H C businesses and support them • I ncrease the diversity and number of higher -wage jobs ■ Retain and grow existing businesses and jobs RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff concurs with the Planning Board's recommendation and suggests the following motion: I move to APPROVE the proposed rezoning to a Conditional B -1 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed business is consistent with the types of commercial uses that would be encouraged in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the site is located on a minor arterial street near existing commercial services, the use would have limited traffic impacts, and approval supports the success of an existing business. [Optional] Note any conditions to be added to the district: 1. A connection and easement for a future parking lot cross - access shall be provided to the undeveloped land adjoining the site to the east. 2. The business hours of operation shall be limited to Monday through Friday, 8:00 a.m. to 6:00 p.m. Alternative Motion for Denial I move to DENY the proposed rezoning to a Conditional B -1 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed business is consistent with the types of commercial uses that would be encouraged in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the intensity will adversely impact the adjacent neighborhoods. ATTACHMENTS: Z21 -05 Script BOC Z21 -05 Staff Report BOC Z21 -05 Zoning Map 221 -05 Future Land Use Map Z21 -05 Neighboring Properties Map Applicant Materials CS Board of Commissioners - May 3, 2021 ITEM: 14 Z21 -05 Application Package Proposed Site Plan CS 711 -05 Proposed Concept Plan COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Recommend approval with two conditions as presented by staff. COMMISSIONERS' ACTIONS: Approved with two conditions 5 -0. Board of Commissioners - May 3, 2021 ITEM: 14 SCRIPT for Zoning Map Amendment Application (Z21 -05) Request by Design Solutions, on behalf of the property owner, Bonnie D. & David M. Narron, to rezone approximately 0.8 acres of land located at 3419 N. Kerr Avenue from AR, Airport Residential, to (CZD) B -1, Neighborhood Business, in order to develop a vehicle service station. 1 . This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant's presentation (up to 15 minutes) c. Opponent's presentation (up to 15 minutes) d. Applicant's rebuttal (up to 5 minutes) e. Opponent's rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion for Approval I move to APPROVE the proposed rezoning to a Conditional B -1 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed business is consistent with the types of commercial uses that would be encouraged in the Community Mixed Use place type. I also find APPROVAL of the rezoning request is reasonable and in the public interest because the site is located on a minor arterial street near existing commercial services, the use would have limited traffic impacts, and approval supports the success of an existing business. [Optional] Note any conditions to be added to the district. 1. A connection and easement for a future parking lot cross - access shall be provided to the undeveloped land adjoining the site to the east. 2. The business hours of operation shall be limited to Monday through Friday, 8:00 a.m. to 6:00 p.m. Board of Commissioner - IT - I - Example Motion for Denial I move to DENY the proposed rezoning to a Conditional B -1 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed business is consistent with the types of commercial uses that would be encouraged in the Community Mixed Use place type, I find DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the intensity will adversely impact the adjacent neighborhoods. Alternative Motion for Approval /Denial: I move to [Approve /Deny] the proposed rezoning to a conditional B -1 district. I find it to be [Consistent /Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] I also find [Approval /Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] Board of Commissioners - May 3, 2021 ITEM: 14- 1 - 2 STAFF REPORT FOR Z21 -05 CONDITIONAL REZONING APPLICATION APPLICATION SUMMARY Case Number: Z21 -05 Request: Rezoning to a Conditional B -1 district Applicant: Property Owner(s): Cindee Wolf with Design Solutions Bonnie D. & David M. Narron Location: Acreage: 3419 N. Kerr Avenue 0.8 PID(s): Comp Plan Place Type: R03316- 004 - 018 -000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped Vehicle Service Station Current Zoning: Proposed Zoning: AR, Airport Residential (CZD) B -1 Zoning mm ■ s B, R -1� B -2 AR_ UMXsZ7�0�` Subject Property ML SURROUNDING AREA LAND USE ZONING North Commercial Services, Single - Family Residential, B -1 AR ' Undeveloped Land East Single - Family Residential AR South Single - Family Residential, Undeveloped Land, AR B -2 Commercial Services ' West Commercial Services B -1, B -2 Z21 -05 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 14- 2 - 1 Page 1 of 12 V , • rT '.fir � s, Subject Property ZONING HISTORY October 4, 1976 Initially zoned AR (Area Airport) COMMUNITY SERVICES Conservation Water services are available through CFPUA. Sanitary sewer is available Water /Sewer through CFPUA with a force main connection or can be serviced by a private Archaeological septic system approved and permitted by the NHC Health Department. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Wrightsboro Station Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High Schools Recreation Optimist Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Z21 -05 Staff Report BOC 5.3.2021 Page 2 of 12 Board of Commissioners - May 3, 2021 ITEM: 14- 2 - 2 APPLICANT'S PROPOSED CONCEPTUAL PLAN N K r r Ave. 1 5. (ika Wny'-.ts #aYO 1 w,rltcr Part p,.} — - . . _ L'aane tiarran 0r- no.+prppp.ty � nvtd�q -, PLC e sew.s.� C<w 9.i, i g • .•� Arisorcvxwa �, 11 9hW I j Subject Site a9 I I tiu I Includes Staff Markups • The applicant is proposing to construct a 6,000 square foot vehicle service station. Under the proposed B -1 zoning district, vehicle service stations are restricted to performing repairs of vehicles that are minor in nature such as tune ups, oil changes, and tire replacement, etc. Major repairs that require assembly or disassembly of engine parts, body parts, transmissions, etc. are prohibited in the B -1 zoning district. Z21 -05 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 14- 2 - 3 Page 3 of 12 ZONING CONSIDERATIONS • The AR district in this area was established in 1974. At the time, the purpose of the AR district was to promote low density housing in the vicinity of the Airport and discourage uses which tend to concentrate large number of people like schools, hospitals, and rest homes. • While the site is zoned AR, it directly abuts B -1 zoning within the Wrightsboro commercial node. Wrightsboro Node n9 5 ° gym; < °A j. Ft700 LION =° woo PIZZa Riverside G( Subdivision - - - -- y i �- Wrightsboro Commons UMXZ 4 ` k 1 o DOLLAR At yTI�ia1ii_ " GENERAL, J F ACE Hardware FI RSTQIJALITT ,...... _. k ect Site �111i1� ,.l m4 kraft Horizon Forest Products Zoning Districts A -1 m CZD B -2 1AR 0 0& 1 C B -1 D R -15 B -2 0 R -20 ®CZD B -1 OSIC • As currently zoned the subject site would be permitted 1 residential lot with a minimum area of 30,000 square feet. • The subject 0.8 -acre site is currently part of a parent parcel approximately 2.27 acres in area. The residual property is not included with this proposal and will remain zoned AR. Z21 -05 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 14- 2 - 4 Page 4 of 12 AREA SUBDIVISIONS UNDER DEVELOPMENT Z21 -05 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 14- 2 - 5 Page 5 of 12 TRANSPORTATION • Access is proposed to be provided to the subject property from N. Kerr Ave, an NCDOT- maintained minor arterial street. • The proposed driveway will consist of two egress lanes and one ingress lane. A parking lot cross- access connection will also be provided to the undeveloped portion of the parent parcel. • As currently zoned, it is estimated the site would generate about 1 trip during the peak hours if developed at the permitted density. The proposed development would increase the estimated number of peak hour trips by about 15 -20 trips. • The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadway near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. However, the available volume to capacity data indicates capacity currently exists in this area. NCDOT Averaae Annual Daily Traffic (AADT) - 2019 Road Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development 1 Single - Family 1 AM/ 1 PM under Current Zoning: Dwelling Clay Road Proposed 6,000 Square Foot 14 AM / 19 PM Development: Vehicle Service Station • Because a TIA is not required to analyze transportation impacts at this time, Staff has provided the volume to capacity ratio for the adjacent roadway near the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway. However, the available volume to capacity data indicates capacity currently exists in this area. NCDOT Averaae Annual Daily Traffic (AADT) - 2019 Road Location Volume Capacity V/C N. Kerr Ave Castle Hayne Road to Blue 9,500 18,000 0.52 Clay Road • According to the TIA completed for the nearby Wrightsboro Commons project, the Castle Hayne Road and N. Kerr Ave intersection was estimated to operate at a "D /E" Level of Service (LOS) in 2021 when Phase 1 of that project was expected to be completed. Z21 -05 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 14- 2 - 6 Page 6 of 12 Nearby Planned Transportation Improvements and Traffic Impact Analyses Traffic Impact Analyses * Approved Wrightsboro Commons TIA Approved Riverside TIA Approved STIP Project U -5863 Subject Site 0 0.25 0 -71WAI� 1 Mile Radius Nearby NC STIP Projects: • STIP Project U -5863 • Project to widen Castle Hayne Road from 1 -140 to Division Drive. This project will add a center turn lane or median to sections of the road. • The project is currently scheduled to begin construction after 2029. Z21 -05 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 14- 2 - 7 Page 7 of 12 dene it STIP Project U -5863 Subject Site 0 0.25 0 -71WAI� 1 Mile Radius Nearby NC STIP Projects: • STIP Project U -5863 • Project to widen Castle Hayne Road from 1 -140 to Division Drive. This project will add a center turn lane or median to sections of the road. • The project is currently scheduled to begin construction after 2029. Z21 -05 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 14- 2 - 7 Page 7 of 12 Nearby Traffic Impact Analyses: Traffic Impact Analyses (TIAs) are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re- examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use /Intensity TIA Status 1. • TIA approved November 28, Commons Commons C • 226 Multi - Family Units 2018 2. Riverside Dwellings • 2023 Build Out Year The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of a new signal plan at the intersection of N. Kerr Avenue and Castle Hayne Road. Nearby Proposed Developments included within the TIA: • Riverside Development Status: Project is currently being reviewed by the Technical Review Committee Proposed Development Land Use /Intensity TIA Status • TIA approved August 13, • 165 Single - Family 2015 2. Riverside Dwellings • 2019 Build Out Year • 72 Multi - Family Units (no update required per NCDOT) The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of: • Installation of an eastbound right turn lane on Riverside Drive at Castle Hayne Road. Nearby Proposed Developments included within the TIA: • River Bluffs • Trasco Distribution Center Development Status: Currently under construction. The required roadway improvement has not been installed at this time. ENVIRONMENTAL • The property is not within a Natural Heritage Area or Special Flood Hazard Area. • The property is within the Ness Creek watershed. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) soils. Z21 -05 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 14- 2 - 8 Page 8 of 12 OTHER CONSIDERATIONS REPRESENTATIVE DEVELOPMENTS Representative Developments of AR: Representative Developments of B -1: Ace Hardware in Wrightsboro Z21 -05 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 14- 2 - 9 Page 9 of 12 First Quality Imports in Wrightsboro Context and Compatibility • The property is located on a minor arterial road and abuts the Wrightsboro commercial node. • The business seeking the rezoning (First Quality Imports) has an existing location in Wrightsboro on Castle Hayne Road approximately one quarter mile south of N. Kerr Ave. 2016 COMPREHENSIVE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County's future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Z21 -05 Staff Report BOC 5.3.2021 Board of Commissioners - May 3, 2021 ITEM: 14- 2 - 10 Page 10 of 12