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HomeMy WebLinkAbout2007-07-09 RM Exhibits X 8 3D. 2.~, I~ NORTH CAROLJNA STATE DEPARTMENT OF TR..\NSPORTATION REQUEST FOR ADDITION TO STATE l\1AINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road( s) Description: Courtney Pine Drive (Div. File No: 1099- N) YflHEREAS, 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 Transportationfor the addition of roads to the System. NOfV THEREFORE, be it resolved by the Board of Commissioners of the County ofNe}vHanoverthat the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if the:v 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 9th day of July ,2007. ~ lrTNESS It -\ my hand and official seal this the ,2007. \ \) \-i- day of ~~~.c. l. ~~ 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. doc \ X f3 30. 2'. I b NORTH CAROLJNA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAThTED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Beeston Court of Section II Brittany Woods Subdivision (Div. File No: 1100-N) and Potomac Woods Subdivision Sections 2-5 (Div. File No: 1098-N) YflHEREAS, 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 FflHEREAS, 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 ofTransportationfor the addition ofroads 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 9th day of July ,2007. ~ u~TNESS ~ \ my hand and official seal this the ,2007. ,\)~ day of \\~\~ ~- ~L~ 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. doc X B 30. Zt,. ~ AGENDA: July 9, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-001 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-001 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Department: Elections Exnenditure: Decrease Increase Supplies-Computers and Other $132,000 Total $132,000 Revenue: Decrease Increase HA V A Title II Equipment Grant $132,000 Total $132,000 Section 2: Explanation To budget HA V A Title II grant awarded to Board of Elections to purchase equipment and software to provide electronic records access at the polling place. 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 08-001 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. #L)~Q,~ William A. Caster, Chairman ~\;\\.. ~~ She! a 1. Sc ult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 . WILMINGTON, NC 28403 (910) 798-7149' (910) 798-7145 FAX. WWW.NHCGOV.COM William A. Caster, Chairman. Robert G. Greer, Vice-Chairman X 8 3 D. ~ l..t" 3 Ted Davis, Jr., Commissioner. William A. Kopp, Jr., Commissioner. Nancy H. Pritchett, Commissioner Sheila L. Schult, Cierk to the Board RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, New Hanover County Landfill has a 1994 model 816B Caterpillar Landfill Compactor, SN # 15Z01450 that is surplus to the County's operations; and WHEREAS, the County has received the following offers for the equipment: Marcel Equipment, $24,000 cash; Gregory Poole Equipment Company, $16,000 trade-in on another machine; and Bank Equipment, $11,500 cash, and WHEREAS, the County's Landfill wishes to sell the equipment to Marcel Equipment, the company offering the best price, for $24,000 cash; NOW, THEREFORE, BE IT RESOL YED by the Board of County Commissioners of New Hanover County that the 1994 model 816B Caterpillar Landfill Compactor, SN # 15Z01450 is to be declared surplus and sold to Marcel Equipment for $24,000 cash and that the Finance Director is authorized to sign all related documents associated with this transaction. This 9th day of July, 2007 V~G-~ William A. Caster, Chairman ATTEST: ~\~ ~. ~\,.}J- Sheila 1. Sc ult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS PARKS AND RECREATION MONTH PROCLAMATION WHEREAS, since 1985, the National Recreation and Parks Association has observed July as "National Parks and Recreation Month"; and WHEREAS, the citizens of New Hanover County and those across the United States more than ever realize the importance, value and benefits of parks, open space and recreational resources; and WHEREAS, the citizens of New Hanover County and those across the United States more than ever realize the importance, value and benefits of participating in wholesome active and passive recreational activities in order to lead healthier lives; and WHEREAS, the citizens of New Hanover County have demonstrated their desire and support for more active and passive parks and open space through the passage of the 2006 Parks Bond referendum; and WHEREAS, the Board of County Commissioners of New Hanover County recognizes the importance of offering our citizens more opportunities to enjoy parks, open spaces, recreational facilities and natural resources. NOW, THEREFORE, BE IT PROCLAIMED, by the New Hanover County Board of Commissioners, that the month of July 2007, be recognized as "PARKS AND RECREATION MONTH" in New Hanover County and that our citizens are encouraged to participate in their chosen form of active or passive recreation, and to enjoy the parks, open spaces, recreational facilities and natural resources our County has to offer. ADOPTED the 9th day of July 2007. tJ~C. ~ William A. Caster, Chairman ~\\ "-. ~~~\\. Sheila L. Schult, Clerk to the Board ATTEST: NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE. SUITE 175 . WILMINGTON. NC 28403 (910) 798-7149 . (910) 798-7145 FAX. WWW.NHCGOY.COM William A. Caster, Chairman. Robert G. Greer. Vice-Chairman Ted Davis, Jr., Commissioner. William A. Kopp, Jr., Commissioner. Nancy H. Pritchett. Commissioner XB 3C.2.~. 5" Sheila L. Schult, Clerk to the Board Resolution of Intent to Close Futches Avenue Wilmington International Airport 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 road near the intersection of North Kerr Avenue and Gordon Road: Beginning at a point approximately 50' North from the Southwestern comer of the rights of way of North Kerr Avenue and the old abandoned portion of Gordon Road, thence from point of beginning running 803.32' Northeast (N08049'12"E) to an iron pipe, thence from the iron pipe running 626.05' Northeast (N090 46'26"E) to an iron pipe, thence from iron pipe running 601.91' Northeast (N08058' l5"E) to an iron pipe, thence from iron pipe running 20' Southeast (S81 001 '45"E), thence from the iron pipe running 602.05 Southwest (S08058' l5"W), thence from iron pipe running 626.03' Southwest (S090 46'26"W), thence from iron pipe running 794.56' Southwest (S08049'12"W) to an iron pipe, thence from the iron pipe running 5.30' Southwest (S28009'53"W) to an iron pipe, thence from iron pipe running 18.60' Southwest (S87040'25"W) to an iron and point of beginning. Now Therefore, be it resolved that this Board is considering closing Futches Avenue to public use and that a public hearing on this question will be held on the 13th day of August 2007 at 1 :00 p.m. in the Human Resources Training Room at the New Hanover County Government Center, 230 Government Center Drive, Wilmington, North Carolina 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 9th day of July, 2007. D~C.~ William A. Caster, Chairman ~~~~ ~- ~~\~ Sheila L. Schult, Clerk to the Board Attest: ~ (3 3(). ~[P.' AN ORDINANCE OF ~. THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that the New Hanover County Stormwater Ordinance is amended as follows: 1. Add new definition to Division 1. Generally, Section 23-282, Definitions, to read: Expansion means any activity that will result in the increase of impervious coverage of an existing developed area without significant modification of use. 2. Amend existing Division 6. New Development, Section 23-432 (e), Applicabilitv, to read: Whenever the existing impervious surface is expanded as set forth in subsection (a) of this section, the expanded portion of the facilities shall comply with this article. Whenever the expansion results in a total of 25 percent or more of the site in overall impervious coverage, the project shall be considered redevelopment and must comply with subsection (b) of this section. Whenever the expansion equals or exceeds 50 percent of the existing impervious coverage, the project shall be considered new development and the entire project shall be required to comply with this article. Except as specifically referenced herein, the existing provisions of the New Hanover County Stormwater Ordinance shall remain unaltered, in full force and effect. This 9th day of July 2007. {SEAL} NEW HANOVER COUNTY D~O~~ William A. Caster, Chairman ATTEST: ~l~\h ~. ~t\ll>1- Sheila 1. Schult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 . WILMINGTON, NC 28403 (910) 798-7149' (910) 798-7145FAX' WWW.NHCGOV.COM William A. Caster, Chairman. Robert G. Greer, Vice-Chairman Ted Davis, Jr., Commissioner. William A. /{opp, Jr., Commissioner. Nancy H. Pritchett, Commissioner >< t3 3D. ~f..p. '1 Sheila L. Schult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION OPPOSITION TO HOUSE BILL 1587 "THE LOCAL GOVERNMENT FAIR COMPETITION ACT" WHEREAS, House Bill 1587, "The Local Government Fair Competition Act," has been entered into the 2007 session of the North Carolina General Assembly, and has passed from the House Public Utilities Committee to the House Finance Committee for consideration; and WHEREAS, House Bill 1587 would greatly hinder local governments in providing needed communications services, in particular advanced high-speed broadband services; and WHEREAS, because broadband Internet is a new public utility necessary for local governments to compete in the global economy ofthe 21 sl century, and the development of true high-speed broadband systems is of vital importance to future economic development, educational outreach, and community growth in North Carolina. This the 9th day of July, 2007. I> ~\:~~. ~~ Sheila L. Schult, Clerk to the Board -SLlP IV. ,5. I COUNTY OF NEW HANOVER ST A TE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Dwelling Unit Contained within a Principal Use S-576,06/07 The County Commissioners for New Hanover County having held a public hearing on July 9, 2007 to consider application number S-576 submitted by Archie McGirt, Monkey Junction Self-Storage, for a special use permit to locate a Dwelling Unit contained within a Principal Use, that principal use being a self-storage facility, in an AI Airport Industrial District located at 2306 North nrd Street and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF F ACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-29 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 Wrightsboro Volunteer Fire District. B. City water will serve the facility C. County sewer is approved for the mini-storage project. D. A small percentage of the subject property is located in a 100-year floodplain. E. Access to the site is from N. 23rd S1., an identified urban major arterial. F. NCDOT has issued a driveway permit. 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 AI- AirpOli Industrial Zoning District. A Special Use Permit allows a dwelling unit within a principal use in the AI District under certain conditions. B. The residence is only to be used by the resident manager and is intended to provide on-site security for the business in accordance with 72-29(2) ofthe ordinance. C. The building provides a minimum 10 foot site yard and 20 foot rear yard in accordance .with the provisions of 72-29(3) of the ordinance. D. The site plan indicates unobstructed open space of 1,922 sq. ft., consistent with 72-29(4). E. The proposed officelresidence use is proposed at approximately 3,000 sq. ft. gross floor area. The residence does not exceed 50% of the area in accordance with 72-29(5) of the ordinance. F. The dwelling will be an upper story residence over the mini-storage office, consistent with 72-29(6) of the ordinance. G. Off-street parking indicates 2 spaces for the residence in addition to the requirements for the office use, in compliance with 72-29 (7) of the ordinance. H. A building layout plan is included with the site plan as required by 72-29(8) ofthe 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 8-576 of adjoining or abutting property, or that the use is a public necessity. In suppOJi of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Surrounding properties are industrial in nature. 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 this location as Transition. The Transition Class is intended to provide for "continued intensive urban development on lands that have been or will be provided with necessary urban services. B. Surrounding land uses include the northside wastewater treatment plant, the airport and manufacturing use. 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. Ordered this 9th day of July, 2007 ~\\~~ ". ~~u-\1- Sheila L. Schult, Clerk to the Board 1.J~C~ William A. Caster, Chairman Attest: 3-576 s u. P , v. [5", J..., COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO ISSUE AN ADDENDUM To Conditional Use CD(B-2) District Order for Case: Z-696, (3/00; 10/05; 5/07) This order supplements and amends a special use pen11it associated with a conditional use district CD(B-2), Case No. Z-696, originally issued July 10, 2000 and subsequently amended November 7, 2005 for a Mini-warehouse and specified commercial uses at 5044 Carolina Beach Road. A hearing was held on July 9,2007 to consider evidence for further modification of the site plan and uses. 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 of the 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 site is served by public water and sewer. B. The site has access from Carolina Beach Road C. Fire service is provided by Myrtle Grove VFD 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 development to date has been in accordance with the originally approved or modified permit. B. The original approval of the conditional district envisioned the commercial areas as a potential public benefit to surrounding residential areas as well as a front visual buffer from the storage area to the rear. This proposal modifies the premise of the original approval of the conditional district to that extent. C. The original conditional district was approved based on a specified developable area. That area has already been increased once to add more storage. Incrementally increasing the intensity of use changes the premise upon which the conditional district was originally offered and approved. D. The proposed total square footage of 130,762 constitutes a 15% increase over the originally approved project. 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 Fll\TDINGS OF FACT: A. Sufficient setbacks, landscaping and buffering are currently provided for the existing development and sUITounding residential property. Z-696, 5/07 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 confoffi1ity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The site is located in the "Urban" land classification as defined by the 2006 CAMA Land Use Plan. Intensive development and redevelopment of these areas is encouraged. 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 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. Additional buffering to protect the residential properties to the north will be provided. 11. Storage units will not open toward the front of the property. 111. Per the applicant's statement, this change will complete the site's development potential and no additional changes will be requested for this property. lV. Per the applicant's statement, the wash facility will operate with a water reuse system. Ordered this 9th day of July, 2007. Attest: 1J~ c, ~ William A. Caster, Chairman ~~~~ ,-"~ciuJ~ Sheila L. Schult Clerk to the Board Z-696, 5/07 :su,:; I\/. I~. 3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO ISSUE AN ADDENDUM To Special Use Order for Case: S-345, (11/92); modification 6/07 This order supplements and amends a special use permit originally issued May 3, 1993 for a Satellite Fire Station facility at 907 Porter's Neck Road. 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 of the 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 accessed via Sharaz (Syrah)Way to Porters Neck Road B. New development in this area ofthe county has increased significantly since 1993, creating higher demand for emergency services. C. Traffic from new residential subdivisions to the north often use Sharaz (Syrah) Way for "cut-through" access to Porter's Neck Road. D. Residential staffing at the fire station will improve response times to this area of the county. 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-20 Residential Zoning District. Government buildings may be allowed by special use permit. B. The proposed residence is only to be used by the firefighters on duty. C. No violations of the existing permit have been noted by code enforcement officials. D. Allowing clearing of undergrowth would not be counter to the intent of Condition 5 of the existing permit so long as trees remain in place and reasonable visual opacity is maintained. E. Off-street parking is shown in compliance with 72-29 (7) of the ordinance. F. A building layout plan is included with the site plan as required by 72-29(8) of the ordinance. The current storage area would be converted to accommodate 2 beds. 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. The residential component will be a conversion of existing second floor storage area and will not increase the overall size of the building, consistent with Condition 7 of the original permit. B. No evidence has been presented that the proposed use will injure the value of adjoining or abutting property values. C. Providing 24-hour fire service could improve the ISO rating and thereby improve insurance rates for area residents. 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 this location as Transition. The Transition Class is intended to provide for "continued intensive urban development on lands that have been or will be provided with necessary urban services. B. Surrounding properties are residential in nature. C. The existing conditions regarding added setbacks and retention of trees and vegetation serve to promote harmony with the character of the area. 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 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. All other applicable federal, state and local laws. Ordered this 9th day of July, 2007. tJ~C,~ William A. Caster, Chairman Attest: ,..--.,. \ \'\ \' ,\ "~ ,.~ _ ) \\1;. . \ Sheila L. Schult Clerk to the Board ~~\\j~ :5 fA P IV. (:;-. Lf COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO ISSUE AN ADDENDUM To Special Use Order for Case: S-329, (3/91; 4/00; 8/03; 6/07) This order supplements and amends a special use permit originally issued in 1991, as subsequently modified in 2001 and 2003, for a Marine Research & Education Facility in an R-15 zoning district at 5600 Marvin K. Moss Drive. Having held a public hearing on July 9, 2007 to consider the application for amendment, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT amd draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1 of the 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 expanded 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 VFD. B. The site is served by County Sewer and City water. C. Access to the site is from Masonboro Loop Road via the existing Marvin K. Moss Lane. According to the applicant's statement, the 15 foot private road (Holt Road) to the south will remain available to residential property owners for access to Masonboro Loop Road but will not be used by the Marine Science Center for access to its site. All emergency access will be from Marvin K. Moss Lane. . D. The proposed expansion will provide additional land, a new bio-technology building and an oyster hatchery to the existing Center for Marine Sciences. E. The proposed expansion adds approximately 9.3 acres of development area to the existing 55.6 acre developed site. The additional acreage is located adjacent and south of the existing site and results in a new total of approximately 65 acres. F. The plan adds approximately 80,000 s.f of research, laboratory and administrative space to the facility G. Site clearing for the project will be limited to areas required for site construction. H. Applicant proposes "green" building principals to the extent possible 3. It is the County Commissioners' CONCLUSION that the proposed expanded 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 proposed expansion to the Marine Research Facility will be operated by the University of North Carolina at Wilmington's Center for Marine Sciences. B. The property is zoned R-15 Residential. Colleges, Universities, and related uses are permitted by Special Use Permit in the R-15 Residential District. C. The existing facility contains approximately 81,300 square feet of building floor area with 24,660 sq. ft. under construction. 8-329 Modification 2007 D. The proposed new addition on the south side of the existing building will be a two-story structure containing approximately 80,000 square feet. E. Parking will be provided in accordance with Section 81 of the County's Zoning Ordinance. F. A 50-foot buffer of natural vegetation will be preserved between adjacent property owners and the Marine Science Center. G. The Eastern portion of the site lies within the 100 year floodplain and there is Salt Marsh that is regulated by the County Conservation Overlay District. No buildings are currently within this area and none are proposed. H. The center is consistently out of compliance with condition (3) below because the laboratory cannot function properly when that condition is imposed, according to comment from code enforcement official; however, the county's noise standard is not being violated. I. The Board of Commissioners approved the existing facility in 1991 and revised the permit in March 2001 with 4 conditions; the permit was again modified in September of 2003, adding conditions (5) through (9) below: (1) UNCW continue their commitment to work with the neighbors on mitigating the noise concern emanating from the heating and cooling units. (2) Any additional proposed construction after the Board approval in 2001 will require a new special use pernnt. (3) Between the hours of 8:00 pm and 8:00 am, one heating/cooling unit will be in operation. The unit will operate on low setting. (4) Noise readings will be monitored quarterly for one year by professional technicians hired by UNCW. (5) All other applicable federal, state and local laws. (6) Stormwater Management shall comply with the County Ordinance (7) The additional parking areas shall remain unpaved (8) All previous conditions shall remain (9) The addition to the building shall not exceed 25,500 sq. ft. 4. It is the County Commissioners' CONCLUSION that the proposed expanded 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. The proposed addition will maintain and/or improve visual and acoustical screening. B. Improvements to the site will all access from the Marvin K Moss Lane entrance. C. Applicant indicates that community meetings will be held to inform and receive input from area residents. D. No evidence has been presented that this expansion will injure the value of adjoilnng or abutting property values. 5. It is the County Commissioners' CONCLUSION that the proposed expanded 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 Comnnssioners make the following FINDINGS OF FACT: A. The site is classified as resource protection by the New Hanover County Comprehensive Plan. The purpose of the Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and 8-329 Modification 2007 recreational resources. Compatible commercial and industrial development may be located within this class provided important resources are not adversely impacted. B. Several regulated trees exist on site. Efforts should be made to preserve these specimen trees or their removal be mitigated in accordance with Section 67 of the Ordinance. 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 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 the approved site plan and 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. All other applicable federal, state and local laws. Ordered this 9th day of July, 2007. tJ~a.~ William A. Caster, Chairman Attest: ~~. '-, \ ' "~" ',~- ,u\,^ ,"-, ~\~ \J~ Sheila L. Schult Clerk to the Board S-329 Modification 2007