Loading...
2007-02-05-RM Exhibits XB3D. /t.c./ NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Memory Lane, Goose Pond Court, Silo Court, in Section 5 (Gala Acres) of Apple Valley Subdivision (Div. File No: 1090-N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 5th day of February, 2007. WITNESS ~ Q..\. \l~ "'*'1 my hand and ,2007. official seal this the su. day of ~\:~L \__ ~~ _ v Sheila L. Schult, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways. resolute.wp X B 30. I~. :l NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Houston Court, Old Barn Court, in Section 2 (Walnut Hills) of Apple Valley Subdivision (Div. File No: 1091-N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location o.fwhich has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance !fthey meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 5th day of February ,2007. WITNESS ~e.~~\l.CAM ~ \ my hand and ,2007. official seal this the ~~ day of ~\~\. \ _~~L\i- Sheila L. Schult, Clerk to the Board New Hanover County Board of Commissioners Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways. resolute.wp )C 15 30, t~.3 NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Passage Gate Way, Zephyr Drive and Maria Court in Crown Ridge at Tidalholm Subdivision (Div. File No: 1093-N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described roadM should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 5th day of February ,2007. WITNESS ~e.,\\) \.t\.\.J my hand and official seal this the ,2007. s~ day of Form SR-2 Please Note: Forward directly to the District Engineer, Division of Highways. resolute.wp ~~\ '-- ~c.\..1t Sheila L. Schult, Clerk to the Board New Hanover County BQard of Commissioners el:T p X B 3D., /~.I../- ~ J$r: I ~51 q' NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMA TION :~ ! :J WHEREAS, the New Hanover Human Relations Commission, the Greater Wilmington Chamber of Commerce, and the Friends of Human Relations are sponsoring Human Relations Month; and }-: ' WHEREAS, the theme for Human Relations Month is "We Are One! /J and WHEREAS, we encourage all citizens to respect and work to establish equal rights for all persons regardless of race, color, sex, religion, age, disability, or familial status; and WHEREAS, through practicing the principles of Human Relations Month on a daily basis, we help to preserve, protect, and perpetuate the rights of each person to freedom, liberty, I and justice. NOW, THEREFORE, the New Hanover County Board of Commissioners hereby proclaims the month of February 2007 as HUMAN RELATIONS MONTH in New Hanover County, North Carolina and calls upon all citizens to sincerely join forces in creating and practicing a mutual bond of fellowship and resolve to accept a personal challenge to improve the status of all people through assurance of the basic human rights of justice, freedom, and dignity. ADOPTED this the 5th day of February 2007. vL-.. Q. ~ William A. Caster, Chairman ATTEST: ~~\ '--_ ~ alu.>\c Sheila L. Schult, Clerk to the Board I!l~ 11 ~rJ'.. 1 L;.I )( B So. r [p . S- Resolution of Intent to Close a Portion of Allen Avenue Myrtle Grove Area Whereas, a petition has been filed pursuant to NCGS 153-A-241, requesting the Board of Commissioners of New Hanover County to close the following described portion of Allen Avenue, Myrtle Grove Community: Beginning at an iron pipe being the northwest corner of Lot 3 Myramar Camp Sites as shown on map of same recorded in Map Book 3 at Page 10 of the New Hanover County Registry; running thence along the eastern right of way of Allen Avenue South 24 degrees 15 minutes West 100.00 feet; thence North 65 degrees 45 minutes West 20.0 feet to an iron pipe; thence along the Western right of way line of Allen Avenue North 24 degrees 15 minutes East 100.00 feet to a point; thence South 65 degrees 45 minutes East 20.00 feet to the point of Beginning. Now Therefore, be it resolved that this Board is considering closing a portion of Allen Avenue to public use and that a public hearing on this question will be held on the lih day of March, 2007 at 1:00 p.m. in the Assembly Room of the Old County Courthouse at 24 North Third Street in Wilmington at which time the Board will hear all interested citizens and make a final determination as to whether the road shall be closed. The foregoing resolution was adopted by the New Hanover County Board of Commissioners on the 5th day of February, 2007. 1J~a~ William A. Caster, Chairman Attest: ~~\^ "--~~M\\ Sheila L. Schult, Clerk to the Board 5 tA..P , V. I:J.. I COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A 7-Slip Community Boating Facility in an R-15 Residential Zoning District S-571, 12/06 The County Commissioners for New Hanover County having held a public hearing on February 5, 2007 to consider application number S-571 submitted by REIS, LLC for a special use permit to locate a Community Boating Facility in a R-15 Residential District located at 311 Trail's End Road and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-37 and 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The subject property is located within the Myrtle Grove Fire District. B. A private well will serve the dock facility. C. The project will be located in Whiskey Creek, which is subject to extreme tidal fluctuations D. Access to the site will be pedestrian from within The Bluffs at Trails End Subdivision, off Trail's End Road. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in an R-15 Residential Zoning District. A Special Use Permit allows a community boating facility in an R -15 Residential District. B. The property has an existing pier and floating dock which applicant proposes to keep. C. The applicant proposed that no additional off-street parking will be needed, because parking will be accommodated on the individual lots served by the dock. D. The proposed community boating facility requests seven (7) boat slips with boat lifts to serve seven (7) proposed residential lots, which meets the required ratio of 1: 1. E. A pedestrian easement will be provided and conferred to each owner for access to the community boating facility. F. No commercial activities, as required by the ordinance, are proposed for the facility. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Similar type projects exist in other residential districts in New Hanover County. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies the site as Conservation. The purpose of the class is to provide for effective long-term management and protection of significant, limited, or irreplaceable natural resources while also protecting the rights of the property owner. Water-dependent uses are appropriate. B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public trust waters. C. The entire creek bank is surrounded by brackish marsh and a 75' COD setback has been identified on the plan. Whiskey Creek has a significant fluctuation in water body width and a severely limited channel width at low tide, making pier projects on individual residential lots complicated. D. Surrounding land uses include single-family housing, some with docks and piers. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached site plan and the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1) Deed restrictions should be placed on the 7 proposed lots in the proposed subdivision stating that no individual docks/piers will be allowed and only property owners and their guest may use the slips. 2) No overhead lighting should be installed. 3) Maximum number of slips cannot exceed 7. Ordered this 5th day of February, 2007 Attest: 1J~O.~ William A. Caster, Chairman ~\.~\~\- ~o\a* Sheila L. Schult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/05/07 Budget Amendment Consent Item #: 8.1 Estimated Time: Page Number: BUDGET AMENDMENT Number: 07-115 DEPARTMENT: Library BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Library: Supplies $10,268 Revenue Decrease Increase Library: State Aid $10,268 EXPLANATION: To budget additional Aid to Public Libraries funds received for FY 06-07. ADDITIONAL INFORMATION: APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 29 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/05/07 Budget Amendment Consent Item #: 8.2 Estimated Time: Page Number: BUDGET AMENDMENT Number: 07-118 DEPARTMENT: General Government BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Non-Departmental: Transfer to Capital Project $2,137,917 Revenue Decrease Increase Appropriated Fund Balance: Appropriated Fund Balance $2,137,917 EXPLANATION: To appropriate Fund Balance for transfer to Anderson School Capital Project. ADDITIONAL INFORMATION: This transfer was approved by the Commissioners in FY 04-05 and budgeted in FY 05-06. Funds were not requested by the Schools in FY 05-06, so funds became part of Fund Balance June 30, 2006. This Budget Amendment will appropriate funds in FY 06-07 so funds can be transferred to the Schools for Anderson School Capital Project. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 31 NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUEST FOR BOARD ACTION Meeting Date: 02/05107 Budget Amendment BUDGET AMENDMENT Number: 07-119 DEPARTMENT: Finance BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2007: Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to be available to meet this appropriation. Expenditure Decrease Increase Non-Departmental: Contingencies $10,000 Chamber of Commerce $10,000 Revenue Decrease Increase EXPLANATION: To budget funding for Legislative Weekend, April 20-22, 2007. ADDITIONAL INFORMATION: With the approval of this budget amendment, the amount in Contingency will be $304,082. APPROVAL STATUS: To be approved by Board Of Commissioners COMMISSIONERS' ACTIONS/COMMENTS: Approved 4-0. 26