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2007-04-02 RM Exhibits X E:> 3D. 1'l.1 AGENDA: April 2, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT #2007-74 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that'the following Budget Amendment #2007-74 be made to the Capital Project Ordinance for the $123M School Bond Project. Section 1: Details of Budget Amendment: Fund:$123M School Bond Project Department: Finance Exnenditure: Decrease Increase Forest Hills School Renovations $815,000 Total $815,000 Revenue: Decrease Increase Public School Capital Building Fund $815,000 Total $815.000 Section 2: Explanation To increase the budget for the renovation project at Forest Hills Elementary School based on project approval received from the Department of Public Instruction for use of the Public School Capital Building Fund. 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 #2007-74 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this 2nd day of April, 2007. 1.J~Q.~ William A. Caster, Chairman XB3D./Q.Z. [at::, p NEW HANOVER COUNTY BOARD OF COMMISSIONERS SPRING LITTER SWEEP 2007 PROCLAMATION WHEREAS, the North Carolina Department of Transportation organizes an annual spnng statewide roadside cleanup to ensure clean and beautiful roads in North Carolina; and , I WHEREAS, the Spring 2007 LITTER SWEEP roadside cleanup will take place April 14-18, 2007, and local governments, communities, civic and professional groups, businesses, churches, schools, families, and individual citizens are encouraged to participate in the Department of Transportation cleanup by sponsoring and organizing local roadside cleanups; and WHEREAS, Adopt-A-Highway volunteers, Department of Transportation employees, Department of Correction inmates, and community service workers, local government agencies, community leaders, civic and community organizations, businesses, churches, schools, and environmentally concerned citizens conduct local cleanups during LITTER SWEEP and may receive certificates of appreciation for their participation; and WHEREAS, the great natural beauty of our state and a clean environment are sources of great pride for all North Carolinians, attracting tourists and aiding in recruitment of new industries; and WHEREAS, the cleanup will increase awareness of the need for cleaner roadsides, emphasize the importance of not littering, and encourage recycling of solid wastes; and WHEREAS, the North Carolina Adopt-A-Highway program will celebrate its 19th anniversary and its 6,000 volunteer groups donate their labor and time year-round to keep our roadsides clean; and WHEREAS, the LITTER SWEEP cleanup will be a part of educating the children of this great state regarding the importance of a clean environment to the quality of life in North Carolina. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that April 14-28, 2007 be recognized as SPRING LITTER SWEEP in New Hanover County. ADOPTED the 2nd day of April 2007. cCJ~Q~ William A. Caster, Chairman ATTEST: ~\l~~ ~ ~cl\~l\- Sheila L. Schult, Clerk to the Board [!l~ ~I!l X B 3D. ,q. 3 AGENDA: April 2, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT #07-168 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment #07-168 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Emergency Management Exnenditure: Decrease Increase Safety Equipment $25,000 Total $25,000 Revenue: Decrease Increase Urban Search and Rescue Grant $25,000 Total $25.000 Section 2: Explanation To budget funds received from the Urban Search and Rescue Grant. Funds are available from the State Department of Crime Control and Public Safety for the County to purchase search and rescue equipment for first responders. No County matching funds are required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment #07-168 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this 2nd day of April, 2007. CJ..J~G ~ William A. Caster, Chairman X B 30. 10,. ifo. AGENDA: April 2, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT #07-131 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment #07-131 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Good Shepherd Program Expenditure: Decrease Increase Temporary Salaries $1,784 Miscellaneous Pay Taxable $2,886 Contracted Services $4,084 Cellular Expense $600 Supplies $18,249 Dues and Subscriptions $203 Employee Reimbursement $200 Total $27,003 $1,003 Revenue: Decrease Increase Good Shepherd Ministries $26,000 Total $26 000 Section 2: Explanation Budget is being adjusted because Good Shepherd awarded the New Hanover County Health Department $34,000 for FY 06-07, which is $26,000 less than what was originally budgeted. 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 #07-131 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this 2nd day of April, 2007. 4-J~Q-~ William A. Caster, Chairman f'B 30. '~.4. b AGENDA: April 2, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT #07-158 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment #07-158 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Navigator Partnership Expenditure: Decrease Increase Salaries and Wages $52,700 FICA $5,000 Medical Insurance Expense $9,000 Supplies $1,400 Emplovee Reimbursement $450 Training and Travel $450 Total $69.000 Revenue: Decrease Increase Navigator Partnership Grant $69,000 Total $69,000 Section 2: Explanation Partnership for Children FAC/Navigator grant award for FY 06-07 was for $44,000, which is $69,000 less than budgeted. Budget amended to reflect actual grant award. 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 #07-158 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. pted, this 2nd day of April, 2007. U~C.~ William A. Caster, Chairman X B 30. ,a, .If-. c.. AGENDA: April 2, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT #2007-79 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment #2007-79 be made to the annual budget ordinance for the fiscal year ending June 30, 2007, and the Capital Project Ordinance for $35.5M Parks Bond Project. Section 1: Details of Budget Amendment: Fund: General Fund Department: Finance Expenditure: Decrease Increase Transfer to Capital Projects $16,150 Total $16,150 Revenue: Decrease Increase Appropriated Fund Balance $16,150 Total $16,150 Fund: $35.5M Parks Bond Project Department: Finance Exnenditure: Decrease Increase Northern Regional Parks Acquisition $16,150 Total $16,150 Revenue: Decrease Increase Transfer in from General Fund $16,150 Total $16,150 Section 2: Explanation To appropriate fund balance in the General Fund for the purchase from the Coastal Land Trust on Lords Creek. This purchase was not in the original scope of the project. 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 #2007-79 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. ~ ad ~ dopted, this ~ day of ,2007. t:)~ C ~ William A. Caster, Chairman NEW HANOVER COUNTY BOARD OF COMMISSIONERS SEXUAL ASSAULT AWARENESS MONTH PROCLAMA TION WHEREAS, sexual assault affects every person in New Hanover County as a victim or survivor, or as a family member, significant other, neighbor, or co-worker of a survivor, with more than 372 rape and sexual abuse victims served in the past year; and WHEREAS, many citizens of Wilmington, North Carolina are working to provide quality services and assistance to sexual assault victims or survivors, including dedicated community volunteers, who provide crisis response on hotlines and respond to emergency departments to offer support, provide comfort and offer advocacy during forensic medical exams, criminal proceedings, and throughout the healing process; and WHEREAS, the New Hanover County Rape Crisis Center staff and volunteers are promoting prevention and awareness education by offering training to schools, churches, civic organizations, as well as professional training for medical, mental health, law enforcement, education and criminal justice personnel regarding sexual assault issues and victim response reaching more than 5,670 participants; and WHEREAS, it is critical to increase New Hanover County's awareness of sexual assault, to educate citizens regarding the prominent incidence of sexual violence, efforts to reduce sexual violence, increase support and cooperation between agencies providing sexual assault services, and to increase the awareness of the healing power of creative expression for victims and survivors in the community through events such as Rock Against Rape and SOAR; and WHEREAS, in cooperation with Child Abuse Prevention Month efforts, it is important to alert New Hanover County that of the 372 rape and sexual abuse victims served at the Rape Crisis Center last year, 104 ofthese victims were under the age of 18; and WHEREAS, Rape Crisis Center of Coastal Horizons Center, Inc. and the New Hanover County Sexual Assault Response Team request public support and assistance in aspiring toward a society where all women, children and men can live in peace, free from sexual violence, rape, sexual abuse and sexual exploitation in all its forms. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners proclaims the month of April 2007 as SEXUAL ASSAULT AWARENESS MONTH in New Hanover County; and BE IT FURTHER RESOLVED, that the Board of Commissioners pledges themselves and asks our citizens, public and private, professional and volunteer, to redouble their efforts to obliterate sexual violence from our families, our neighborhoods, and our community. ADOPTED the 2nd day of April 2007. V~Q~ ATTEST: ~ ~\o- \.. ~~\ll~ Sheila L. Schult, Clerk to the Board XB30.19.lo NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL TELECOMMUNICATORS WEEK PROCLAMATION WHEREAS, emergencies that require police, fire, or emergency medical services can occur at anytime; and WHEREAS, when an emergency occurs, the prompt response of law enforcement officers, firefighters, and paramedics is critical to the protection of life and preservation of property; and WHEREAS, the safety of our emergency personnel is dependent upon the quality and accuracy of information obtained from citizens who telephone the New Hanover County Public Safety Communications Center; and WHEREAS, public safety dispatchers are the first and most critical contact our citizens have with emergency services; and WHEREAS, public safety dispatchers are a vital link for our law enforcement officers and firefighters by monitoring their activities by radio, providing them information, and insuring their safety; and WHEREAS, public safety dispatchers have contributed substantially to the apprehension of criminals, suppression of fires, and treatment of patients; and WHEREAS, each dispatcher has exhibited compassion, understanding, and professionalism during the performance of their job in the past year; and WHEREAS, the first emergency 9-1-1 call in New Hanover County was made in May 1982. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the week of April 8-14, 2007 be recognized as NATIONAL TELECOMMUNICATORS WEEK in New Hanover County, in honor of the men and women whose diligence and professionalism keep our county and its citizens safe. ADOPTED the 2nd day of April 2007. 2-J~C. ~ William A. Caster, Chairman ATTEST: ~\~~~t ~- ~t\Il\\ Sheila L. Schult, Clerk to the Board XB30.,Q.cg AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY The Board of County Commissioners of New Hanover County hereby ordains and enacts that Chapter 5 of the County Code, Animals, Article I, In General, Section 5-4, Definitions, be amended as follows: Amend the definition of Restraint as follows: Restraint means the state of a dog if it is controlled by means of an attended leash, or is on or within a vehicle being driven or parked, or is within a secure enclosure. Exceptions to restraint are as follows: Organized and lawful dog functions; e.g. dog exercise within designated areas of public parks, hunting, obedience training, field and water training, law enforcement training and/or in the pursuit of working or competing in those legal endeavors. A dog shall be maintained securely on the property of its owner. Ropes, chains and the like are prohibited for any purpose under this Chapter. Except as specifically amended, Chapter 5 remains unaltered, in full force and effect. This the 2nd day of April, 2007. ti)~ Q~ ~ Chairman ATTEST: ~\~~ "--~~~\~ Clerk to the Board ' 'f. B 3D. 19. ~ AGENDA: April 2, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-183 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07-183 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriff/Governing Body Exnenditure: Decrease Increase Patrol: Capital Outlav - Motor Vehicle $385,000 Total $385,000 Revenue: Decrease Increase Appropriated Fund Balance: Appropriated Fund Balance $385,000 Total $385,000 Section 2: Explanation To purchase 10 Crown Victoria patrol cars. With approval of this budget amendment, $16,821,917 of fund balance will be appropriated in FY 06-07. 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 07-183 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this 2nd day of April, 2007. qj~ Q, ~ William A. Caster, Chairman NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 02/28/07 CURRENT TAX YEAR - 2006 ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED AD VALOREM $ 119,404,026.20 3,270,294.51 248.317.99 $ 122,426,002.72 ADVERTISING FEES CHARGED LISTING PENALTIES CHARGED CLEANING LIENS CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENT AGE COLLECTED .00 103,279.77 12.050.00 $ 122,541,332.49 - 119.101.224.97 $ 3,440,107.52 97.19%* BACK TAXES REAL ESTATE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENT AGE COLLECTED $ 4,590,639.95 81,949.90 226.637.67 $ 4,445,952.18 1.421.771.56 $ 3,024,180.62 31.98% ROOM OCCUP ANCY TAX COLLECTIONS RENTAL VEHICLE TAX COLLECTIONS PRIVILEGE LICENSE COLLECTIONS FEB 2007 $ 281,836.56 26,184.11 766.25 X B 3D. ,q . /0 Ot. CONSENT AGENDA DATE: ITEM NO. MOTOR VEHICLE $ 8,646,196.33 9,378.96 121.958.27 $ 8,533,617.02 $ .00 .00 .00 8,533,617.02 6.582.1 92.21 1,951,424.81 77.13%* $ FISCAL YTD $ 5,324,128.61 224,083.82 21,138.89 TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY, CITY OF WILMINGTON, WRIGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE - $186,998,685.33. THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1,2006. RESPECTFULLY SUBMITTED, \" f-.~~ a,~ ~. /3~1V BARBARA J. BAKEl INTERIM COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENTAGE - 95.89% X 8 3D. 1~. rt> 11 CONSENT AGENDA DATE: ITEM NO. NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 02/28/07 CURRENT TAX YEAR - 2006 AD VALOREM MOTOR VEHICLE ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES $ 3,887,203.33 $ 166,703.46 35,870.08- 358,117.87 495.91 4,953.04- $ 4,018,036.71 4,311.61 $ 353,660.74 .00 $ 4,022,348.32 $ 3,906,251. 60- 353,660.74 276,007.92- $ 116,096.72 $ 97.11%* 77,652.82 78.04%* REAL ESTATE AND PERSONAL PROPERTY $ CHARGES ADDED LESS ABATEMENTS 147,266.41 5,451.97 5,350.56- TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED $ 147,367.82 58,516.10- $ 88,851.72 39.71% THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1, 2006. RESPECTFULLY SUBMITTED, ,--&')JiJJz cr -IS dvv BARBARA J. BAKER INTERIM COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENTAGE - 95.57% NEW HANOVER COUNTY TAX COLLECTIONS COLLECTIONS THRU 03/31/07 CURRENT TAX YEAR - 2006 ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED AD VALOREM $ 119,404,026.20 3,270,294.51 261,702.00 $ 122,412,618.71 ADVERTISING FEES CHARGED LISTING PENALTIES CHARGED CLEANING LIENS CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED 14,531.00 103,021.32 12,050.06 $ 122,542,221.03 - 120,608.122.63 $ 1,934.098.40 98.42%* BACK TAXES REAL EST A TE AND PERSONAL PROPERTY CHARGES ADDED LESS ABATEMENTS TOT AL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED $ 4,590,639.95 91,920.45 239.982.07 $ 4,442,578.33 1.521.099.17 $ 2,921,479.16 34.24% ROOM OCCUPANCY TAX COLLECTIONS RENTAL VEHICLE TAX COLLECTIONS PRIVILEGE LICENSE COLLECTIONS MAR 2007 $ 307,396.86 22,523.04 485.25 XB30.l9.[O.L CONSENT AGENDA DATE: ITEM NO. MOTOR VEHICLE $ 10,587,102.13 11,484.37 136.174.24 $ 10,462,412.26 .00 .00 .00 $ 10,462,412.26 7,468,460.21 $ 2,993,952.05 71.38%* FISCAL YTD $ 5,631,525.47 246,606.86 21,624.14 TOTAL MONEY PROCESSED THRU COLLECTION OFFICE FOR NEW HANOVER COUNTY, CITY OF WILMINGTON, WRlGHTSVILLE BEACH, CAROLINA BEACH AND KURE BEACH TO DATE - $190,675,779.05. THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY 1,2006. RESPECTFULLY SUBMITTED, "-13~~ 1-. ~ BARBARA J. BAKER INTERIM COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENTAGE - 96.29% X~3D. 10,. (Del.. CONSENT AGENDA DATE: ITEM NO. NEW HANOVER COUNTY FIRE DISTRICT TAX COLLECTIONS COLLECTIONS THRU 03/31/07 CURRENT TAX YEAR - 2006 ORIGINAL TAX LEVY PER SCROLL DISCOVERIES ADDED LESS ABATEMENTS TOTAL TAXES CHARGED LISTING PENALTIES CHARGED TOTAL LEVY COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED BACK TAXES AD VALOREM MOTOR VEHICLE $ 3,887,203.33 $ 167,433.72 36,123.59- 441,252.15 594.42 5,516.72- $ 4,018,513.46 4,307.11 $ 436,329.85 .00 $ 4,022,820.57 $ 3,958,904.86- 436,329.85 313,117.51- $ 63,915.71 $ 98.41%* 123,212.34 71.76%* REAL ESTATE AND PERSONAL PROPERTY $ CHARGES ADDED LESS ABATEMENTS TOTAL TAXES DUE COLLECTIONS TO DATE OUTSTANDING BALANCE PERCENTAGE COLLECTED 147,266.41 6,522.87 5,384.73- $ 148,404.55 63,314.98- $ 85,089.57 42.66% THIS REPORT IS FOR FISCAL YEAR BEGINNING JULY I, 2006. RESPECTFULLY SUBMITTED, '-0...A-J.LUL 9- - ~<.U-' BARBARA J. BAKER INTERIM COLLECTOR OF REVENUE * COMBINED COLLECTION PERCENTAGE - 95.80% 'i 6 3D . l~. I { April 2007 State of North Carolina County of New Hanover To the Collector of Revenue of New Hanover County: You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the office of the Tax Administrator and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of New Hanover and this order shall be a full and sufficient authority to direct, require, and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with the law. Witness my hand and official seal, this 2nd day of April 2007. q;)~ C~ ~ William A. Caster, Chairman Board of Commissioners of New Hanover County ~~~ "-. ~(\\,1\ Sheila 1. Schult, Clerk to the Board Attest: I, Michelle D. Harrell, Collector of Revenue of New Hanover County, hereby acknowledge receipt of tax books for real estate and personal property for Cape Fear, Federal Point, Carolina Beach, Kure Beach, Harnett, Wrightsville Beach, Masonboro, and Wilmington Townships, for New Hanover County. This 2nd day of April 2007. ~~ Michelle D. Harrel Collector of Revenue of New Hanover County X b 30. 1'1. / Z "-' AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6,1969, UPDATED FEBRUARY 2006 A-357, 3/07 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Amend Section 50-4: Table of Permitted Uses by adding the underlined text. Table of Permitted Uses Permitted P R R R R B B 1 1 0 A A S R Uses D 20S 20 15 10 1 2 1 2 &1 R 1 C A Services Parks & Recreation P P P P P P P P P P P P P P Areas Adopted the 2nd day of April, 2007. 'lJ~Q, ~ William A. Caster, Chairman Attest: ~\~~ ~-~~\- Sheila Schult, Clerk to the Board 2- B I . 4. '1'1 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE MASTER PLAN OF A PLANNED DEVELOPMENT DISTRICT IN ZONING AREA No.4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED August 2,1999 CASE: Z-677, 1/07 Modification THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Planned Development District (PD) specified on the Zoning Map of Zoning Area No.4 is hereby amended by removing the originally approved Master Plan for the Planned Development District established under Z-677 in 1999 and replacing it with a new Master Plan herein associated. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Master Plan for said Planned Development District in Zoning Map Area No 4 on file in the office of the County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants ofthe County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Section 5. The County Commissioners find, in accordance with the provisions ofNCGS 153A-341, that this zoning map amendment is: A. Consistent with the purposes and intent ofthe land classification and associated policies in the 2006 land use plan. B. Reasonable and in the public interest based on the proposed companion site plan. Adopted the 2nd day of April, 2007. 1J~ a.~ William A. Caster, Chairman Attest: ~\~ '-~~cLL\ Sheila L. Schult, Clerk to the Board Z-677 modification Z 6:2.. <g 4. 3S AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. 8A OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 7, 1972 CASE: Z-857, 12/06 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section I. The Zoning Map of Zoning Area No. 8A is hereby amended by removing the hereinafter described tracts from the 1-2 Heavy Industrial and R-15 Residential Zoning District and placing them in the R -15 Residential, R -10 Residential and B-2 Highway Business distr.icts in configurations as shown on the attached map, and said lands totaling 341.32 acres and bemg described as follows: Description for Re-zoning R-15 Area (JH Land LLC Tract) A certain tract or parcel ofland lying and being in Cape Fear Township, New Hanover County, N.C. and being a part of the JH Land LLC tract as recorded in deed book 1338 page 1283, records of New Hanover County, N.C. and being more particularly described as follows: Beginning on an iron located on the eastern right of way of N.C. 132 (200 ft. public riglit of way), said iron being located S 46027'19" E a distance of 949.64' from N.C. Grid monument "Brandon" said iron being further located as having a N.C. Grid coordinate ofN= 217,757.90' and E= 2,332,903.08' (N.A.D. 1927), said iron also being the southwestern corner of the John Burney tract as described in deed book 1454 page 1540: Proceed thence from said beginning point S 75048'18" E a distance of969.37'; thence N 05039'35" E a distance of300.33'; thence N 05034'36" E a distance of 940.76'; thence N 05023'35" E a distance of 149.92'; thence N 05024'09" E a distance of 150.36'; thence S 76019'43" E a distance of 111.20'; thence N 06004'38" E a distance of 620.57'; thence N 75027'27" W a distance of 559.15'; thence N 75024'55" W a distance of 291.64'; thence N 07014'10" E a distance of 1018.96'; thence N 07016'41" E a distance of263.93'; thence N 07018'26" E a distance of 467.54' to the southern right ofwayofS.R. 1002 (Holly Shelter Road); thence N 83030'10" E a distance of29.71'; thence S 07017'28" W a distance of505.90'; thence S 83035'14" E a distance of147.54'; thence S 83036'41" E a distance of140.18'; thence S 83030'52" E a distance of207.32'; thence N 06051'03" E a distance of295.35'; thence S 86013'33" E a distance of 142.26'; thence S 06007'06" W a distance of 297.80'; thence S 83019'14" E a distance of69.54'; thence N 06010'00" E a distance of298.33'; thence S 83029'08" E a distance of 85.98'; thence N 05038'55" E a distance of202.76'; thence S 83017'28" E a distance of30.07'; thence S 06033'45" W a distance of 410.78'; thence S 83033'39" E a distance of 104.15'; thence N 06036'24" E a distance of207.56'; thence S 83026'42" E a distance of 139.80'; thence N 06037'06" E a distance of204.02'; thence S 83033'00" E a distance of30.00'; thence S 06037'06" W a distance of 83.91'; thence with a curve turning to the left with an arc length of 431.90', with a radius of 400.00', with a chord bearing of S 24018'51" E, with a chord length of 411.22',; thence S 55014'49" E a distance of291.59'; thence with a curve turning to the right with an arc length of 429.97', with a radius of 400.00', with a chord bearing ofS 24027'09" E, with a chord length of 409.57',; thence S 06020'31" W a distance of 1263.77'; thence with a curve turning to the left with an arc length of 1054.14', with a radius of 1172.50', with a chord bearing of S 19024'51" E, with a chord length ofI019.00',; thence S 12005'16" W a distance of978.26'; thence S 82026'05" W a distance of 1220.68'; thence S 82026'05" W a distance of 245.28'; thence N 75018'54" W a distance of 494.16'; thence N 37027'57" W a distance of664.23'; which is the point of beginning, having an area of 5968443.99 square feet, 137.02 acres, survey not performed this date (description taken from record infonuation and information by others). All bea{ings are relative to N.C. Grid N.A.D. 1927. Z-857 Page 1 of 4 Description for Re-zonil1lgR-lO Area (JH Land LLC Tract) A certain tract or parcel of land lying and being in Cape Fear Township, New Hanover County, N.C. and being a part of the JH Land LLC h'act as recorded in deed book 1338 page 1283, records of New Hanover County, N.C. and being more particularly described as follows: Beginning on an iron located along the southern boundary of the aforesaid lH Land LC tract, said iron being located the following bearings and distances from an iron on the eastern right of way of N.C. 132 (200 ft. public right of way), said iron on the eastern right of way of N.C. 132 being located S 46027'19" E a distance of949.64' from N.C. Grid monument "Brandon" said iron on the eastern right of way ofN .C. 132 beginning being further located as having a N.C. Grid coordinate ofN= 217,757.90' and E= 2,332,903.08' (N.A.D. 1927), said iron on the eastem right of way of N.C. 132 also being the southwestern comer ofthe John Burney tract as described in deed book 1454 page 1540: Proceed thence from said iron on the eastern right of way of N.C. 132 with the eastern right of way of N.C. 132 S 37027'57" E a distance of 664.23 '; thence leaving said right of way S 75018'54" E a distance of 494.16'; thence N 82026'05" E a distance of245.28' to a point.; thence N 82026'05" E a distance of 1220.68' to the point and place of beginning: Proceed thence S 06006'28" W a distance 0[881.90' to a point.; thence N 55022'07" E a distance of 83.57'; thence N 09026' 16" E a distance of 67.66'; thence N 71028'24" E a distance of 34.45'; thence S 34042'50" E a distance 0[28.22'; thence N 41027'38" E a distance of 49.46'; thence N 07039'45" E a distance of 119.11'; thence S 76055'37" E a distance of89.58'; thence N 49033'06" E a distance of 105.95'; thence N 14000'53" W a distance 0[80.62'; thence N 24021 '21" E a distance of98.40'; thence N 56004'30" E a distance of 116.96'; thence S 54012'34" E a distanpe of 88.56'; thence N 50056'44" E a distance of 67.93' to a point.; thence S 73011 '29" E a distance of 70.49'; thence S 36059'48" E a distance of 177.73'; thence S 63006'49" E a distance of 122.32'; thence N 78055'49" E a distance of63.05'; thence N 59024'19" E a distance of167.30'; thence N 89048'06" E a distance of330.92'; thence N 72034'35" E a distance of248.28'; thence S 82053'51" E a distance of92.93'; thence S 24006'26" E a distance of 76.87'; thence S 0041'39" W a distance of88.58'; thence S 18019'34" W a distance of 114.59'; thence S 14024'53" W a distance of 140.99'; thence S 15054'54" E a distance of 62.85'; thence S 38030'44" E a distance of 46.68'; thence S 46037'40" E a distance of 58.82'; thence S 85009'36" E a distance of 61.64'; thence S 52030'19" E a distance of 104.92'; thence S 89045'53" E a distance of76.64'; thence S 50004'22" E a distance of38.43'; thence S 36022'18" E a distance of76.17'; thence N 56053'48" E a distance of249.97'; thence N 68030'33" E a distance of62.29'; thence S 61055'04" E a distance of39.18'; thence S 31021 '55" E a distance of61.88'; thence S 88007'37" E a distance of276.37'; thence N 05008'18" E a distance of 971.06'; thence N 21047'18" W a distance of 1151.92'; thence S 68012' 42'~ W a distance of 851.51 '; thence with a curve turning to the right with an arc length of 1363.27', with a radius of 1172.50', with a chord bearing of N 78028'45" W a distance of 1287.77', thence S 12005'16" W a distance of978.26' which is the point ofbegimung, having an area of 84.60 acres, survey 110t performed this date. Z-857 Page 2 of 4 Description for Re-zoning B-2 A-1R.EA (JH Land LLC Tract) A certain tract or parcel ofland lying and being in Cape Fear Township, New Hanover County, N.C. and being a part of the JH Land LLC tractas recorded in deed book 1338 page 1283, records of New Hanover County, N.C. and being more particularly described as follows: Beginning on a point on the southern right of way of Holly Shelter Road (S.R. 1002,60 ft. public right of way), said point being located S 83028'36" E a distance of30.00' from the northeastern corner oflot 3 as shown in map book 4 page 38, said point of beginning being further located as having a N.C. Grid coordinate ofN= 221,469.26', E= 2,334,675.33' (N.A.D. 1927): Proceed thence with the southern right of way of aforesaid Holly Shelter Road S 83028'36" E a distance of 1 09.48'; thence S 83030' 1 0" E a distance of 140.00'; thence leaving said right of way S 06029'51" W a distance of203.57'; thence S 83030'21" E a distance of240.69'; thence S 83028'11" E a distance of69.77'; thence S 83030'09" E a distance of 140.00'; thence N 06029'51" E a distance of203.60' to a point on the southern right of way of Holly Shelter Rd.; thence with said right of way S 83030'09" E a distance of 30.00'; thence leaving said right of way S 06029' 51" W a distance of 203.60'; thence S 83031 '18" E a distance of 559.30'; thence S 83020'16" E a distance of 70.15'to a point on the western right of way of Interstate 40 right of way, thence with said right of way the following bearings and distances; S 02030'41" W a distance of 162.02';thence with a curve turning to the left with an arc length of 594.75', with a radius of 841.20', with a chord bearing ofS 23008'38" E, with a chord length of 582.44' ,; thence S 49056'21" E a distance of 271.44'; thence S 52006' 10" E a distance of 191.44' ;thence with a curve turning to the right with an arc length of 513.52', with a radius of 1307.39', with a chord bearing ofS 38009'09" E, with a chord length of 510.23',; thence S 24012'36" E a distance of 191.15'; thence S 22054'40" E a distance of 1197.90'; thence S 21047' 18" E a distance of 140.57'to a point on said right of way; thence leaving said right of way S 68012'42" W a distance of 851.51 ' ;thence with a curve turning to the right with an arc length of2417.42', with a radius of 1172.50', with a chord bearing ofN 52043'24" W, with a chord length of2011.43',; thence N 06020'31" E a distance of 1263.77';thence with a curve turning to the left with an arc length of 429.97', with a radius of 400.00', with a chord bearing ofN 24027'09" W, with a chord length of 409.57',; thence N 55014'49" W a distance of291.59'; thence with a curve tm:ning to the right with an arc length of 431.90', with a radius of 400.00', with a chord bearing ofN 24018'51" W, with a chord length of 411.22',; thence N 06037'06" E a distance of 83.93'; which is the point of beginning, having an area of 119.70 acres, according to computations by Hanover Design Services, P.A. in July of2007. (Survey was not performed this date). All bearings are relative to N.C. Grid N.A.D. 1927. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area No. 8A on file in the office ofthe County Commissioners, so as to make it comply with this ordinance. Z-857 Page 3 of4 Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare ofthe inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Section 5. The County Commissioners find, in accordance with the provisions ofNCGS 153A- 341, that this zoning map amendment of 341.32 acres is: A. Consistent with the purposes and intent of the Community land classification and associated policies in the 2006 land use plan. E. Reasonable and in the public interest to allow a transition of acreage from industrial zoning class to residential zoning classes with base densities of 3.3 units per acre and 2.5 units per acre, respectively, and highway commercial acreage in this location within close proximity to 1-40. Adopted the 2nd day of April, 2007, with the portion ofthe R-15 district that is listed on the Environmental Protection Agency National Priority List to be effective upon confirmed final remediation of the site. 7););Y~O. ~ William A. Caster, Chainnan Attest: ~~I~r~ '-. ~r\vJk Sheila L. Schult, Clerk to the Board Z-857 Page 4 of4 ..s u... P I V. I 3. ( COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ADDENDUM TO AN ORDER GRANTING A SPECIAL USE PERMIT For A State Employees Credit Union in a Conditional District CD(B-l) Z-831, 03/06 The County Commissioners for New Hanover County having held a public hearing on April 2, 2007 to consider modification to the approved special use permit and site plan companion to a conditional district. CD(B-l) originally approved on April 3, 2006, said proposal being located at 5830 Carolina Beach Road and 5535 Sanders 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: I. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 and Section 59.7 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 modified site plan will place the credit union building in a position that better facilitates circulation of cars through the drive-thru lanes. B. According to NCDOT, the required interconnectivity to Mott's Landing subdivision will conflict with required road improvements at the intersection of Sanders Road and Carolina Beach Road; therefore, removing that condition will enhance safety. C. The Village at Mott's Landing subdivision (for which interconnectivity was originally required) has been designed with road access to River Road, Sanders Road and Carolina Beach Road; therefore, ample connectivity exists without the driveway through the credit union site. 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 a CD (B-1) Neighborhood Conditional Use Zoning District. B. A credit union is an allowed use in a CD (B-1) Neighborhood Conditional Use Zoning District. C. The proposed modification to the site plan meets the minimum requirements of the zoning ordinance for parking, setbacks, buffers, and landscaping. . D. The original interconnectivity as shown on the site plan did not meet the county's standard for interconnectivity; therefore, removing the condition enhances the project's compliance with the zoning ordinance. 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. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property. Z-831 Addendum 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 harrilony 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 ofthis conclusion, the Commissioners make the following FINDINGS OF FACT: A. The Village at Mott's Landing subdivision (for which interconnectivity was required) has been designed with road access to River Road, Sanders Road and Carolina Beach Road; therefore, removing the requirement for interconnectivity through the credit union site will not alter the character of the area and will be in full conformity with the land use plan 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the modification of the SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the modification of the SPECIAL USE PERMIT BE GRANTED subject to the provisions of conditional rezoning and limitations of the attached site plan and Section 69.4 of the zoning ordinance. Ordered this 2nd day of April, 2007 PW~ Ct. Cwh- William A. Caster, Chairman ~~\n. '-. ~~\\ Sheila L. Schult, Clerk to the Board Z-831 Addendum StAP\V./3.Z COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO ISSUE AN ADDENDUM To Special Use Order for Case: S-118, (12/79) This order supplements and amends a special use permit originally issued December 12, 1979 for an emergency facility at 4550 Carolina Beach Road. 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 ofthe County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans, as modified, 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. The emergency vehicle storage facility of approximately 10,200 sq. ft.will be located on the rear of the property as indicated on the approved site plan. e. A large percentage of the subject property is located in a 100-year floodplain, but the addition is proposed outside such areas. D. Access to the site is from Carolina Beach Road, a 4-lane divided arterial with n:edian crossing at the ambulance entrance. 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 was issued in 1979 and further modified in 1981 for a rescue ambulance station in this location. B. All development standards of the ordinance must be followed. No additional conditions are outlined for these facilities. 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. EMS 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. C. Ernergency services are an essential public safety necessity. 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 high ground as Urban. The purpose of the Urban land classification is to provide for continued intensive development. B. The 2006 Land Use Plan Update recognizes that citizens and visitors depend upon the government to protect their lives and property during storms or other hazardous events. 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 bee,n satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to 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: I. All other applicable federal, state and local laws. Ordered this 2nd day of April, 2007. Attest: 1.)~ O. ~ William A. Caster, Chairman ~\:\~ '-*~~\\ Sheila L. Schult Clerk to the Board 5 u. P I V . I 3. 3 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-574, 03/07 The County Commissioners for New Hanover County having held a public hearing on April 2, 2007 to consider application number S-574 submitted by Barden/Taylor for a special use permit to locate a Community Boating Facility in a R-I5 Residential District located at 231,235 & 239 Trail's End Road (Whiskey Creek Overlook subdivision) and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: I. 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; narnely 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 Whiskey Creek Overlook 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-I5 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 I : 1. E. A pedestrian easement will be provided and conferred to each owner for access to the conmmnity 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 and all other state or federal requirements. 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: I. Deed restrictions or restrictive covenants should conveyed in the chain of title on the 7 proposed lots in the proposed subdivision stating that no individual docks/piers will be allowed. 2. Boat slips will be positioned outside the channel width at low tide in order to allow for safe navigation by upstream residents. 3. No overhead lighting should be installed. 4. Private pedestrian access easement, as proposed from the street right of way to the dock for use by the residents of the subdivision, is required. 5. Slips are approved for the use and enjoyment of the owners of lots I thru 7 in the associated subdivision and may not be sold, leased or rented to others. Ordered this 2nd day of April, 2007 'S,~\. ~-~~.\t Sheila L. Schult, Clerk to the Board V4.-~ a ~ William A. Caster, Chairman Attest: SLAP JV 13.~ COUNTY OF NEW HANOVER ST A TE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT To Locate a High Density 50 unit Residential Development in a R-15 Zoning District Located at 4916 S. College Road S-575, 3/07 The County Commissioners for New Hanover County having held a public hearing on February 2, 2006 to consider application number S-575 submitted by Roland Tilden, III for a special use permit to locate a High Density 50 unit residential development in a R-15 Residential District located at 4916 College Road (Myrtle Grove Village, Phase III) and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS:. I. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 and Section 69.4 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. City water and county sewer will serve the site. C. None of the subject property is located in a 100-year floodplain, and no other conservation resources are present. D. Traffic level of service on S. College Road is F, meaning traffic counts exceed the capacity of the roadway. Turning lanes are already in place for the entrance to Myrtle Grove Village (Prior Dr.). A recent Traffic Inlpact Analysis estimates that the proposed additional units will add a 1.4 second A.M. delay and a 2.5 second P.M. delay to the existing delay for vehicles exiting the property. E. No additional roadway improvements were recommended by the Traffic Impact Analysis. 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. High density development (up to 10.2 units per net acre) may be allowed by Special Use Permit under certain conditions in an R -15 Residential District. B. Access to the site is through Prior Drive off S. College Road, a 4-lane divided arterial. C. The New Hanover County Comprehensive Plan classifies the area as Urban. D. The proposal limits development to 50 residential rental units. E. Phases I and II of Myrtle Grove Village (70 rental units) are located within the City of Wilmington's jurisdiction. All internal property boundaries will be abandoned and tracts recombined into a single parcel, consolidating Myrtle Grove Village. F. Off-street parking as proposed will meet the requirements of the ordinance. G. A storm water detention pond has been planned for the site and will meet the standards of the county ordinance. H. Total impervious surface is proposed at 39.9%. The ordinance allows up to 40%. I. Total open space is proposed at 60.1 %. The ordinance requires 35%. J. Improved recreational space is proposed at 17.8%. The ordinance requires 15%. K. Vegetative buffers will be installed adjacent to the existing residential properties. 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. Phases I and II of Myrtle Grove Village are fully developed with no diminution of value to the area. B. No evidence has been presented at the time of writing 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 2006 Joint Land Use Plan encourages higher density development to be located in urban areas where public services are already in place. B. Surrounding land uses include multi-family, commercial and limited single-family development. 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 BEGRANTED subject to 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: I. All other applicable federal, state and local laws. 2. Since City water will be utilized, City technical specs may need to be incorporated into the plan. 3. Fire hydrants will need to utilize National Standard thread. Ordered this 2nd day of April, 2007 Attest: v~a~ William A. Caster, Chairman ~~,~~ \ -~C~\\ Sheila L. Schult, Clerk to the Board :2. B!I. qA. 51 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. etA OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 1, 1972 (Area 9A) CASE: Z-860, 3/07 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No. 9A is hereby amended by removing the hereinafter described tracts from the 1-2 Industrial Zoning District and placing them in the R-15 Residential Zoning District, said lands being described as follows: Begirming at an existing iron pipe located in the southern right-of-way line of Brentwood Drive/S.R. #1313 (60' Public Right-of-Way) as shown on a map of Brentwood recorded in Map Book 6 at Page 85 of the New Hanover County Registry, at its intersection with the western line of a tract deeded to James M. Spivey and wife, Joyce A. Spivey by deed recorded in Book 1306 Page 1397 of aforementioned registry. Said point being the POINT OF BEGINNING; thence South 29 degrees 55 minutes 21 seconds West a distance of 178.19 feet to an existing iron pipe (bent); thence South 29 degrees 44 minutes 44 seconds West a distance of 445.37 feet to an existing iron pipe; thence South 20 degrees 25 minutes 07 seconds West a distance of 353.45 feet to an existing iron pipe located in the northwestern property comer of a tract deeded to Tri-Coast Properties, LLC by deed recorded in Book 4139 Page 0205 of the New Hanover County Registry; thence along and with a marsh line South 55 degrees 56 minutes 35 seconds West a distance of 192.95 feet to a point; thence South 40 degrees 48 minutes 35 seconds West a distance of 16.30 feet to a point; thence South 86 degrees 41 minutes 16 seconds West a distance of22.27 feet to a point; thence South 85 degrees 01 minutes 56 seconds West a distance of 89.61 feet to a point; thence South 53 degrees 56 minutes 28 seconds West a distance of 45.80 feet to a point; thence South 63 degrees 20 minutes 28 seconds West a distance of 45 .32 feet to a point; thence North 51 degrees 46 minutes 32 seconds West a distance of 14.49 feet to a point; thence South 53 degrees 02 minutes 08 seconds West a distance on6.95 feet to a point; thence South 72 degrees 28 minutes 26 seconds West a distance of71.93 feet to a point; thence North 61 degrees 14 minutes 20 seconds West a distance of 86.46 feet to a point; thence North 65 degrees 03 minutes 16 seconds West a distance of 62.21 feet to a point; thence North 64 degrees 42 minutes 56 seconds West a distance of 73.03 feet to a point; thence North 85 degrees 20 minutes 54 seconds West a distance of78.94 feet to a point; thence South 76 degrees 08 minutes 02 seconds West a distance of 57.14 feet to a point; thence South 64 degrees 44 minutes 30 seconds West a distance of 40.02 feet to a point; thence South 81 degrees 10 minutes 25 seconds West a distance onO.59 feet to a point; thence South 22 degrees 04 minutes 11 seconds West a distance of 43.18 feet to a point; thence South 66 degrees 16 minutes 57 seconds West a distance onO.82 feet to a point; thence North 35 degrees 04 minutes 32 seconds West a distance of 11.92 feet to a point; thence South 59 degrees 08 minutes 49 seconds West a distance of 45.52 feet to a point; thence South 41 degrees 36 minutes 06 seconds West a distance of 30.93 feet to a point; thence South 25 degrees 55 minutes 46 seconds West a distance of 40.57 feet to a point; thence South 45 degrees 01 minutes 24 seconds West a distance of 58.90 feet to a point; thence South 40 degrees 40 minutes 37 seconds West a distance of 28.56 feet to a point; thence North 61 degrees 22 minutes 18 seconds West a distance of 20.29 feet to a point~ thence South 60 degrees 16 minutes 00 seconds West a distance of 14.94 feet to a point; thence South 10 degrees 00 minutes 51 seconds West a distance of 45 .58 feet to a point; thence South 19 degrees 26 minutes 01 seconds East a distance of 13.56 feet to a point; thence South 87 degrees 13 minutes 14 seconds West a Z-860 Page 1 of3 distance of 72.55 feet to a point; thence South 32 degrees 11 minutes 49 seconds West a distance of 36.88 feet to a point; thence South 23 degrees 16 minutes 28 seconds West a distance of38.03 feet to a point; thence South 51 degrees 44 minutes 13 seconds West a distance of 52.68 feet to a point; thence South 69 degrees 14 minutes 18 seconds West a distance of 53.03 feet to a point; thence South 78 degrees 15 minutes 45 seconds West a distance of35.26 feet to a point; thence South 75 degrees 33 minutes 28 seconds West a distance of 45.79 feet to a point; thence South 60 degrees 57 minutes 50 seconds West a distance of39.78 feet to a point; thence South 58 degrees 11 minutes 55 seconds West a distance of 33.12 feet to a point; thence South 41 degrees 14 minutes 47 seconds West a distance of34.39 feet to a point; thence South 59 degrees 28 minutes 28 seconds West a distance of 46.0 1 feet to a point; thence South 78 degrees 48 minutes 42 seconds West a distance of 19.46 feet to a point; thence South 69 degrees 37 minutes 11 seconds West a distance of 59.69 feet to a point; thence North 61 degrees 05 minutes 02 seconds West a distance of 40.46 feet to a point; thence South 80 degrees 03 minutes 19 seconds West a distance of 6.77 feet to a point; thence North 05 degrees 45 minutes 09 seconds West a distance of23.34 feet to a point; thence North 07 degrees 51 minutes 25 seconds West a distance of 46.64 feet to a point; thence North 10 degrees 55 minutes 42 seconds West a distance of 60.40 feet to a point; thence North 21 degrees 42 minutes 41 seconds West a distance of 32.74 feet to a point; thence North 11 degrees 27 minutes 30 seconds West a distance of 90.41 feet to a point; thence North 13 degrees 16 minutes 30 seconds East a distance of203.22 feet to a point; thence North 24 degrees 13 minutes 17 seconds East a distance of 163.43 feet to a point; thence North 32 degrees 42 minutes 12 seconds East a distance of 86.13 feet to a point; thence North 10 degrees 25 minutes 31 seconds East a distance of 190.94 feet to a point; thence North 15 degrees 15 minutes 06 seconds East a distance of 49.17 feet to a point; thence North 12 degrees 35 minutes 48 seconds East a distance of 52.11 feet to a point; thence North 26 degrees 00 minutes 52 seconds East a distance of 42.27 feet to a point; thence North 42 degrees 27 minutes 19 seconds East a distance of 69.70 feet to a point; thence South 88 degrees 44 minutes 26 seconds East a distance of 40.84 feet to a point; thence North 16 degrees 48 minutes 07 seconds East a distance of 49.53 feet to a point; thence North 34 degrees 39 minutes 00 seconds East a distance of44.82 feet to a point; thence South 85 degrees 40 minutes 23 seconds East a distance of 42.73 feet to a point; thence North 08 degrees 47 minutes 50 seconds East a distance of 44.81 feet to a point; thence North 28 degrees 35 minutes 03 seconds East a distance of 99.27 feet to a point; thence North 02 degrees 46 minutes 58 seconds West a distance of 80.81 feet to a point; thence North 00 degrees 18 minutes 37 seconds East a distance of 112.06 feet to a point; thence North 41 degrees 20 minutes 31 seconds East a distance of 52.22 feet to a point; thence North 20 degrees 22 minutes 17 seconds East a distance of 26.73 feet to a point; thence North 52 degrees 00 minutes 27 seconds East a distance of35.10 feet to a point; thence North 77 degrees 42 minutes 18 seconds East a distance of 47.83 feet to a point; thence South 72 degrees 54 minutes 38 seconds East a distance of 46.48 feet to a point; thence North 41 degrees 00 minutes 13 seconds East a distance of 140.88 feet to a point; thence North 25 degrees 38 minutes 48 seconds East a distance of 102.40 feet to a point; thence North 36 degrees 59 minutes 46 seconds East a distance of 49.64 feet to an existing stone (disturbed) located in the southwestern property comer of a tract deeded to Robert H. Walker, Jr. by deed recorded in Book 1809 Page 0124 ofthe New Hanover County Registry; thence leaving marsh line South 79 degrees 02 minutes 50 seconds East a distance of 1279.51 feet to an existing iron rebar; thence South 79 degrees 02 minutes 26 seconds East a distance of 33.88 feet to an existing iron pipe located in the southern right-of-way line of Brentwood Drive/S.R. #1313 (60' Public Right-of-Way); thence along and with aforementioned right-of-way South 29 degrees 51 minutes 21 seconds East a chord distance of 32.20 feet to a the POINT OF BEGINNING; containing 46.24 acre, more or less. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area No 9A on file in the office of the Z-860 Page 2 of3 County Commissioners, so as to make it comply with this ordinance. Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare ofthe inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Section 5. The County Commissioners find, in accordance with the provisions ofNCGS 153A-34I, that this zoning map amendment is: A. Consistent with the purposes and intent ofthe land classification and associated policies in the 2006 land use plan. B. Reasonable and in the public interest to transfer acreage allocated for Industrial Use into Residential usage at density of 2.5 units per acre in this location. Adopted the 2nd day of April, 2007. 1J~ Q-~ William A. Caster, Chairman Attest: ~~\~ "-. ~~\"\k Sheila L. Schult, Clerk to the Board Z-860 Page 3 00