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2007-09-04 RM Exhibits ~ 6 3D.;l 't. I tL RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, Family Services of the Lower Cape Fear is dissolving its organization and would like to donate a 1994 Ford Van to New Hanover County's Juvenile Day Treatment Center; and WHEREAS, a budget amendment for accounting purposes only, is required to record the value ofthe donation and said budget amendment is attached as part ofthis resolution; and WHEREAS, the County Manager, the Finance Director, and the Juvenile Day Treatment Center Director recommends acceptance of the Ford van and approval of related budget amendment; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the 1994 Ford Van, vehicle identification number 1FBJS31HB58214 valued at $1,850, this market value being determined by the North Carolina Division of Motor Vehicles ($1,790) plus an ($60) to cover the required highway use tax, be accepted as a donation from Family Services of the Lower Cape Fear and the budget amendment be adopted; and that the County staff is directed to process any required documents to finalize the transaction. This the 4th day of September, 2007. w~c, ~ William A. Caster, Chairman ATTEST: ~\:\~ ~. ~~~~\ Sheila L. Schult, Clerk to the Board ~ ~.3 OJ 2/1 y / b AGENDA: September 4, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-024 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 08-024 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: Juvenile Day Treatment Center Exnenditure: Decrease Increase Juvenile Dav Treatment Center: Caoital Outlay - Motor Vehicle $1,850 Total $1.850 Revenue: Decrease Increase Juvenile Day Treatment Center: Contributions $1,790 Total $1 790 Fund: General Fund Department: Juvenile Day Treatment Center/Medicaid Exnenditure: Decrease Increase Juvenile Day Treatment CenterlMedicaid: Suoolies $60 Total $60 Section 2: Explanation To record the donation of a van to the Juvenile Day Treatment Center. NC Department of Motor Vehicles' established the market value of the van at $1,790. The County must pay $60 to cover the required highway use tax and registration; thereby, the market value of the van is adjusted to $1,850. 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 08-024 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. ~T~CL ~ William A. Caster, Chairman 1- 8 .3D. 1.;q. ~ AGENDA: September 4, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 2008-20 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2008-20 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: $123M School Bond Project Department: Finance Expenditure: Decrease Increase Snioes Academy $492,652.73 Total $492.652.73 Revenue: Increase PubLic School Caoital Building Fund $492,652.73 Total $492652.73 Section 2: Explanation To increase the project funds for the Public School Capital Building Fund approved by the Department of Public Instruction for renovations and improvements to Annie H. Snipes Academy of Arts and Design. The Commissioners approved the Board of Education's application for use of these funds at its 6/4/07 meeting. The Department of Public Instruction has approved the application and the Board of Education approved the School's Budget Amendment at its August 6, 2007 meeting. 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 2008-20 amending the annual budget ordinance for the fiscal year ending June 30, 2008, is adopted. 4J~C,~ William A. Caster, Chairman ~~t_ '- ~~\.. \~ Sheila L. Schult, Clef to the Board ;<133D.2<1.3 AGENDA: September 4, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET BY BUDGET AMENDMENT 08-025 BE IT ORDAINED by the Board ofCommissibners of New Hanover County, North Carolina, that the following Budget Amendment 08-025 be made to the annual budget ordinance for the fiscal year ending June 30, 2008. Section 1: Details of Budget Amendment: Fund: General Fund Departments: Sheriffs Office, Emergency Management, Planning, Health, DMC, Aging, Library, Parks, Museum, Commissioners Exnenditure: Decrease Increase Sheriff s Office: Safe Summer Program-Good Shepherd Grant $ 2,000 Salaries-Road Rage Grant 20,756 FI CA -Road Rage Grant 1,618 Retirement-Road Rage Grant 1,063 401K-Road Rage Grant 1,015 Medical Insurance-Road Rage Grant 5,456 Disability Insurance-Road Rage Grant 66 Emergency Management: Cap. Outlay-Motor Vehicles-DHS-Resoonse Trailer 32,864 Safety Equipment-DHS-USAR Grant 25,000 Planning: Temp Salaries-CAMA Grant 7,653 Contracted Services-CAMA Grant 2,571 Postage-CAMA Grant 1,000 Printing-CAMA Grant 3,662 Supplies-CAMA Grant 3,784 EP A Grant Expenditures 56,622 Contracted Services-Relocation Assistance-CHAF 258,331 Health: Temp Salaries-Good Shepherd 4,651 Employee Reimbursement-Good Shepherd 300 Contracted Services-Good Shepherd 13,157 Supplies-Ministering Circle 9,494 Contracted Services-CFMF Living Well 1,466 Printing-CFMF Living Well 6,841 Supplies-CFMF Living Well 1,250 Employee Reimbursements-CFMF Living Well 511 Supplies-MOD-Baby Love 1,852. Supplies-CFMF Diabetes 3,336 Supplies-Safe Communities 2,444 Supplies-MOD Proiect Stop 13,557 Salaries-CFMF Familv Counseling 40,324 FICA-CFMF Family Counseling 3,065 Retirement-CFMF Family Counseling 2,513 Medical Insurance-CFMF Familv Counseling 8,000 Disability Insurance-CFMF Family Counseling 128 Cellular Expense-CFMF Family Counseling 50 Printing-CFMF Family Counseling 484' Supplies-CFMF Family Counseling 1,483 Employee Reimb.-CFMF Family Counseling 970 Training and Travel-CFMF Family Counseling $ 1,181 BfA 08-025, September 4, 2007, Pal!e 2 Exnenditure: Decrease Increase Juvenile Day Treatment-DMC: Salaries $ 8,260 FICA 542 Retirement 330 Medical Insurance 700 Disability Insurance 20 Cellular Expense 203 Printing 483 Supplies 254 Training and Travel 9,126 Aging: Temo Salaries-Champ McDowell Davis Grant $177 Postage-Chamo McDowell Davis Grant 195 Printing-Champ McDowell Davis Grant 536 Library: Supplies-Medicine Grant 36 Parks: Capital Outlav-Land-Soike PropertY Grant 29,775 Other Improvements-Middle Sound Grant 97,000 Museum: Administrative Reserve-Grassroots Science 134,440 Total $908 $821 687 Revenue: Decrease Increase Sheriffs Office: Good Shepherd Safe Summer Grant $ 2,000 DOT Road Rage Grant 22,480' Emergency Management: Dept. of Homeland Security Grant 32,864 Dept. of Homeland Securitv-USAR Grant 25,000 Planning: CAMA Grant 18,670 EP A Grant 56,622 CHAF Grant 258,331 Health: Good Shepherd Grant 18,108 Ministering Circle Grant 9,494 CFMF Living Well Grant 10,068 MOD Babv Love Grant 1,852 CFMF-Diabetes Suoolies Grant 3,336 Safe Communities Grant 2,444 MOD Proiect Stop Grant 13,557 CFMF Family Counseling Grant 58,198. Juvenile Dav Treatment-DMC: GCC DMC Grant $19,918 B/ A 08-025, Septcm ber 4, 2007, Pal!e 3 Revenue: Decrease Increase Aging: Champ McDowell Davis Grant $908 Librarv: Medicine Grant $ 36 Parks: Beach Access Grant-Spike Property 22,331 Beach Access Grant-Middle Sound Park Grant 72,750 Museum: Grassroots Science Grant 134,440 Commissioners: Aoorooriated Fund Balance 39,188 Total $908 $821 687 Fund: Environmental Management Department: Recycling Exnenditure: Decrease Increase Environmental Management Recycling: Contracted Services-Waste Reduction Grant $25,000 Total $25 000 Revenue: Decrease Increase Environmental Management Recycling: Waste Reduction & Recycling Grant $25,000 Total $25.000 Section 2: Explanation To rollover unexpended grant funds from FY 06/07 to FY 07/08. 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 08-025 amending the annual bu dinance for the fiscal year ending June 30, 2008, is adopted. 0NTY'I\I <l;"CP/ k A ,d,this4thdayofSeptember, 2007. ~ ~\ 1- \ ~ (S \c;\ < \bl :.t !:-I \- //~y b1 ") -0 0 ' r: /l · ."./ ~L-J~ v.. ~ '(\!-4HLlS~\t\)~;'/ William A. Caster, Chairman ATT~ ~~\~ '- _ S\~\LA~ Sheila L. Schult, Clerk to the Board _'~. ~_." . J If.....Lfl.:1LL iif-tlU ~l'JllJ'.""""]r ,r..~ ";";~.;;f.:~m '.'1~. "It 1 "\: ~ . ~, , (, RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, the New Hanover County Board of Commissioners supports policies and practices to provide a safe and productive workplace for employees and a supportive work environment for employees who are victims of domestic violence; and WHEREAS, the County supports the mission developed by the Business Community Action Team ofEVOL VE Wilmington! to promote a peer-based Civil Workplace Protocol that addresses the business need to maintain appropriate policies and procedures that encourage safe and productive workplaces, and that strive to protect the business, workplace and its employees from the effects of domestic violence; and WHEREAS, the County supports the goals developed by the Business Community Action Team of EVOLVE Wilmington! for a workplace violence policy with domestic violence specific language; policy-driven procedures; appropriate training; awareness campaigns; and making resources available; and WHEREAS, in this effort, the County seeks to be amodel for other employers in this region; and WHEREAS, as a part of this initiative, the County is introducing personnel policy revisions for the Board's approval to formally address respectful workplace, workplace violence and domestic violence in the workplace; and WHEREAS, these policy revisions will supplement and expand the County's current practices to promote a safe and productive work environment. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners does support and endorse a peer-based Civil Workplace Protocol, developed by the Business Community Action Team of EVOLVE Wilmington!, of which the County is a member. The Protocol addresses the business need of employers to establish civil, violence-free, productive workplaces through policy implementation, education and communication. Adopted this the 4th day of September 2007. Q~Q~ William A. Caster, Chairman ATTEST: h' ~ \~\~ \.-~(\\1L-\~ , .. Sheila L. Schult, Clerk to the Board IS,. ~\.\!,' .1)1 ;! ,I d EJ X .8:3 D. :2/1; 5.(L STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF NAMING AN UNNAMED ROAD TO MARSH COVE LANE ORDER It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the naming of Marsh Cove Lane located near the 5900 block of Myrtle Grove Road, east side and extending east a:pproximately 2540 feet, thence south and parallel to the Intracoastal Waterway for a distance of 438 feet A public hearing was held on Tuesday, September 4, 2007 at which time all persons were heard on the question of whether or not the naming would be in the public interest; and it further appearing that notice of said hearing was transmitted to all resident owners and prominently posted in at least two (2) locations along said road; and published in the Star News local newspaper, and the Board of County Commissioners is of the opinion that said road in New Hanover should be named and the naming of the same is in the public interest, the description of which is delineated on the attached map exhibit NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above described road is hereby named Marsh Cove Lane. IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the office of the Register of Deeds of New Hanover County, North Carolina, and that notice of the action taken by the Board of County Commissioners be transmitted to the postmaster having jurisdiction over the road, the North Carolina Board of Transportation and to any city within five (5) miles of said road in accordance with N.C. General Statues 153A-240. Adopted this the 4th day of September 2007. Ih).~a ~ William A. Caster, Chairman Attest: 'f. 8 30. ~q. Sb STATE OF NORTH CAROLINA BEFORE THE BOARD OF COUNTY COMMISSIONERS COUNTY OF NEW HANOVER IN THE MATTER OF ASSIGNING STREET HOUSE NUMBERS ORDER It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the assignment of house numbers on Marsh Cove Lane, numerical range 1200-1599. WHEREAS, ready and accurate identification of developed property is important for the delivery of general County services, for the operation of commercial enterprises, for the response of emergency and public safety vehicles and for the convenience of the general public; and WHEREAS, a comprehensive and systematic property numbering system is an efficient means of identifying property within the County; and WHERAS, such a system will promote the health, safety and welfare of the citizens of New Hanover County. THEREFORE, it further appearing that a public hearing was held on the 131h day of August, 2007, at which time all persons were heard on the question of whether or not assigning house numbers would be in the public interest and it further appearing that notice of said hearing was prominently posted in at least two (2) locations on said street, that notice of the time, place and subject matter of the hearing was prominently posted at the County Courthouse and published in a newspaper of general circulation in the County. NOW, THERFORE, it is ordained and decreed that the above House Number Assignment be made. It is further ordered that a copy of this ordinance be transmitted to the postmaster having jurisdiction over the road, to the Board of Transportation, Sheriff s 911 Dispatcher and to the any city within five miles of said road in accordance with N.C. General Statutes 153A-240. Attest Adopted this the 4thlh day of September, 2007. .o~~" 1J~ Q ~ .""G/ ~(.J,p~ - {\.. ~.~ William A. Caster, Chaim1an J\ < Z<"I74 ~,~:. ~ ~\l~~ "-_ ~~'l \~ Sheila L. Schult, Clerk to the Board X 830. :Llf. f..a STATE OF NORTH CAROLINA BEFORE THE BOARD OF COUNTY COMMISSIONERS COUNTY OF NEW HANOVER IN THE MATTER OF ASSIGNING STREET HOUSE NUMBERS ORDER It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the assignment of house numbers on Sanders Road, numerical range 0-299. WHEREAS, ready and accurate identification of developed property is important for the delivery of general County services, for the operation of commercial enterprises, for the response of emergency and public safety vehicles and for the convenience of the general public; and WHEREAS, a comprehensive and systematic property numbering system is an efficient means of identifying property within the County; and WHERAS, such a system will promote the health, safety and welfare of the citizens of New Hanover County. THEREFORE, it further appearing that a public hearing was held on the 13lh day of August, 2007, at which time all persons were heard on the question of whether or not assigning house numbers would be in the public interest and it further appearing that notice of said hearing was prominently posted in at least two (2) locations on said street, that notice of the time, place and subject matter of the hearing was prominently posted at the County Courthouse and published in a newspaper of general circulation in the County. NOW, THERFORE, it is ordained and decreed that the above House Number Assignment be made. It is further ordered that a copy of this ordinance be transmitted to the postmaster having jurisdiction over the road, to the Board of Transportation, Sheriffs 911 Dispatcher and to the any city within five miles of said road in accordance with N.C. General Statutes l53A-240. Adopted this the 4thlh day of September, 2007. ~~~\c., ~_~~h~ Sheila L. Schult, Clerk to the Board tJ~Q.~ William A. Caster, Chairman Attest: X 1.3 3D. '1..9. '1 AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6,1969, UPDATED APRIL 2007 A-361 7/07 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Ordinance ofthe County of New Hanover adopted October 6, 1969, as amended be and the same is hereby further amended as follows: (Add a new Section 111-2.1) Sec.111-2.1. Required community information meeting before consideration. Before an application will be accepted as complete for a zoning amendment for proposals involving Planned Development, Riverfront Mixed Use District, or Conditional Use Zoning District, the petitioner must include a written report of at least one (1) community information meeting held by the petitioner. The community meeting shall be held prior to submission of the application for map amendment. The primary purpose of the meeting is to explain the upcoming proposal and field questions from people in the surrounding area. At a minimum, written notice of such a meeting shall be given to the adjacent or immediately affected property owners (usually considered to be property owners or leaseholders within 100 feet of the subject property) and any organizations entitled to notice based on a standing written request on me with the Clerk to the Planning Board ("Sunshine Law"). The meeting should focus on information exchange between an applicant and the specific invitees but should be open to the general public as well. The report shall include, among other things: 1. a listing of those persons and organizations contacted about the meeting and the manner and date of contact; 2. the date, time and location of the meeting; 3. a roster of the persons in attendance at the meeting; 4. a summary of issues discussed at the meeting; and 5. a description of any changes or adjustments to the rezoning petition made by the petitioner as a result of the community meeting. In the event the petitioner has not held at least one (1) meeting pursuant to this subsection, the petitioner shall me a report documenting efforts that were made to arrange such a meeting and stating the reasons such a meeting was not held. The adequacy of a meeting held or report filed pursuant to this section shall be considered by the Planning Board in its decision and by the County Commissioners, as appropriate but shall not be subject to judicial review. Section 2. Any ordinance or any pari of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in accordance with NCGS 153A-341 and the board of commissioners has found the amendment consistent with the policies adopted in the 2006 land use plan, reasonable and in the public interest to establish a requirement that certain development proposals must hold a community infonnation meeting prior to submission of an application for certain zoning changes. 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. Adopted the 4th day of September, 2007. O~Q<~ William A. Caster, Chairman ~\~\0' ~, ~1l1k- Sheila L. Schult, Clerk to the Board Attest: X6.30.:LCL8 AN ORDINANCE OF THE COUNTY OF NE'V HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6,1969, UPDATED APRIL 2007 A-3627/07 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be and the same is hereby further amended as follows: [Add a new Section 71-1(10)] Section 71-1(10) Resubmittals. An application for a special use which has been previously denied may be resubmitted only if there has been a change in circumstances as determined by the planning director or the director's designee. Evidence presented in support of the new application shall initially be limited to what is necessary to enable the planning director to determine whether there has been a substantial change in the facts, evidence, or conditions of the case and shall include: 1. Circumstances affecting the property that is the subject of the application which have substantially changed since the denial; or 2. New information available since the denial that could not with reasonable diligence have been presented at a previous hearing. If the planning director deems the evidence substantially changed, the proposal may be resubmitted as a new application. Appeal of the planning director's decision may be made to the Board of County Commissioners. Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in accordance with NCGS 153A-341 and the board of commissioners has found the amendment consistent with the policies adopted in the 2006 land use plan, reasonable and in the public interest to establish more definitive guidance for circumstances under which a denied special use request might be eligible for rehearing. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare ofth~ inhabitants of the County of New Hanover, NOlih Carolina, and shall be in full force and effect from and after its adoption. Adopted the 4th day of September, 2007. w~Q-~ William A. Caster, Chairman ~~ -1 ~t-. \..'~~~.J ~ Sheila L. Schult, Clerk to the Board Attest: y. 6 30. ~~. q AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6~ 1969~ UPDATED APRIL 2007 A-363 7/07 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Ordinance ofthe County of New Hanover adopted October 6, 1969, as amended be and the same is hereby further amended as follows: [Add a new Section 111-3(6)] '. Sec. 111-3 (6) All requests for continuances of proposals and petitions involving a change of zoning shall be subject to the following policies: 1. If an applicant requests that an item be delayed for consideration on the Planning Board agenda~ the request must be in writing to the Planning Director and must include the reason(s) for the requested delay. If the request is received a. prior to notice being sent to the newspaper for advertising, the Planning Director may remove it from the agenda and calendar it for the next meeting. No additional fee will be required. Only one administrative continuance is allowed per permit application. b. after notice has been sent to the newspaper, the item will remain on the agenda and the planning board will act on the request for continuance of the item at the meeting. The board is under no obligation to grant a continuance. If continued~ a fee in accordance with the adopted fee schedule will be charged and the item will be rescheduled for the next upcoming meeting of the board or some other date certain. If the applicant fails to appear at the meeting or fails to pay the additional fee by the publication deadline~ the proposal will be deemed withdrawn~ and a new application process will be required. 2. If an applicant requests delay of consideration from the Board of County Commissioners agenda, the request must be in writing to the County Manager, copied to the Planning Director, and must include the reason(s) for the request. If the request is received a. prior to notice being sent to the newspaper for publication~ the Planning Director will remove the item from the list of planning items being sent for the Manager's agenda and calendar it for the next regular night meeting. The Planning Director will immediately cause correction of the signage posted noticing the public hearing. A fee in accordance with the adopted fee schedule will be paid to the NHC Planning Department to offset the cost of fuel and staff time to correct the signage. b. after notice has been sent to the newspaper, the item will remain on the agenda and the Commissioners will act on the request for continuance of the item at the advertised meeting. The Commissioners are under no obligation to grant a continuance and may choose to hear the item and act on it. If continued, a fee in accordance with the adopted fee schedule will be paid and the item will be rescheduled for the next regular hearing meeting or some other date certain. If the applicant fails to appear at the meeting or fails to pay the additional fee by the publication deadline, the proposal will be deemed withdrawn, and a new application process will be required. Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in accordance with NCGS 153A-341 and the board of commissioners has found the amendment consistent with the policies adopted in the 2006 land use plan, reasonable and in the public interest to establish a definitive process for granting continuances and charging fees to recoup recurring costs associated with a continuance. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted the 4th day of September, 2007. D~Q.~ William A. Caster, Chairman ~\~ ~ ~ll1~ Sheila L. Schult, Clerk to the Board Attest: RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY X 6 30. tFI. ID WHEREAS, after due advertisement, bids were received and publicly opened by the Purchasing Agent at2:00 P. M. EST on Thursday, August 16,2007, for the purchase of Boiler Tube. Panels for Boiler #2 at W ASTEC - Bid # 08-0042 and the following bids were received; and ABT, Inc. Joe Moore & Company Sam English of VA, Inc. $224,380 $234,892 $287,000 Lead time: First Quarter 2008 Lead time: 42-45 weeks Lead time: 16 weeks WHEREAS, Sam English of V A, Inc., was recognized to be the most responsible, responsive bidder taking into consideration quality, performance and the time specified in the bids for the performance of the contract; and WHEREAS, this recognition was based on the fact that Sam English of V A, Inc. can supply the needed equipment and has a lead time of approximately four (4) months; whereas, ABT, Inc. can not provide the eight (8) wall boxes required to replace the boiler tubes and has a lead time of approximately seven (7) months and Joe Moore & Company can provide the panels as specified; however, the company has a lead time of approximately eleven (11) months; and WHEREAS, it is estimated that each month that Boiler #2 remains inoperable costs W ASTEC about $147,000 in lost revenues as a result of not burning trash. In addition, each month that Boiler #2 is down, W ASTEC loses approximately 900 megawatts (MW) of power which equates to approximately $36,603 in lost revenues per month; and WHEREAS, a shorter lead time would be most advantageous to the County and the. Environmental Management Director, the Finance Director and the County Manager recommend that the bid and contract be awarded to Sam English of V A, Inc. the most responsible, responsive bidder in the amount of Two hundred eighty-seven thousand dollars ($287,000); and WHEREAS, funds have been budgeted this Fiscal Year in Account # 70080600-700430 to cover this contract; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New. Hanover County that the contract for Boiler Tube Panels for Boiler # 2 at the W ASTEC Facility of the Environmental Management Department, Bid # 08-0042 be awarded to Sam English of V A, Inc. in the amount of Two hundred eighty-seven thousand dollars ($287,000) and that the County is hereby authorized and directed to execute the contract, contract form to be approved by the County Attorney. This 4th day of September, 2007. ATTEST: ~\~\~ "-- ~~"l}. Sheila L. Schult, Clerk to the Board X IE, 3D. :2./1 , I' NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION REQUESTING GOVERNOR EASLEY CALL A SPECIAL SESSION OF THE GENERAL ASSEMBLY IN THE FALL 2007 TO DISCUSS LOCAL, REGIONAL AND STATEWIDE TRANSPORTATION FUNDING ISSUES WHEREAS, the state of North Carolina's rapid growth has placed an increased strain on the state's current transportation infrastructure; and WHEREAS, the growth trend is expected to continue with a 42 percent increase in population by 2030, thus ranking the state of North Carolina as the 7th most populous state in the country with over 12.2 million residents; and WHEREAS, due to the increases in construction costs for steel, concrete, and asphalt (93.1% between 2002 and first quarter of 2007); the North Carolina Department of Transportation has experienced a significant funding shortfall over the past several years; and WHEREAS, this funding shortfall is expected to continue and additional funding sources are needed to construct important local, regional and statewide transportation projects; and WHEREAS, one opportunity to construct important transportation projects, the North Carolina Turnpike Authority (NCTA) was created by law in October 2002 and currently is authorized by the General Assembly to construct, operate and maintain up to nine toll roads in North Carolina; and WHEREAS, however no funding is currently available to the NCT A for the construction of any of the identified potential toll road projects; and WHEREAS, until additional funding sources are available to fund local, regional and statewide transportation projects, the state of North Carolina will continue to fall farther and farther behind in the construction of important transportation infrastructure; and WHEREAS, in light of the recent tragedies with the collapse of the 1-35 bridge in Minneapolis, NCDOT has identified several bridges that are structurally deficient and in need of improvements; and WHEREAS, the impacts of inadequate transportation infrastructure will result in increased congestion, negative impacts to environmental resources and air quality, and negative human impacts to the state's residents; and NOW THEREFORE, be it resolved that the New Hanover County Board of Commissioners recognizes the importance of transportation infrastructure to the state of North Carolina and strongly urges Governor Easley to call a special session of the General Assembly in the fall 2007 to discuss local, regional and statewide transportation funding issues. NEW HANOVER COUNTY tJ;j~C.~ William A. Caster, Chairman ~\~\~ 'L'S\t\,~ Sheila L. Schult, Clerk to the Board AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No.5 and AREA No. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 6, 1971 and July 7, 1972 respectively CASE: Z-861 (4/07) THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Maps of Zoning Area No.5 and No. 8B are hereby amended by removing the hereinafter described tracts from the B-1 Neighborhood Business Zoning District and placing them in the Conditional Use District CD(B-2)) Classification for use as a Building Materials & Garden Supplies store, said land being described as follows: Being a part of the proposed Porter's Neck Crossing Development for Alliance Commercial Properties. A certain tract or parcels of land lying and being in Harnett Township, New Hanover County, North Carolina and being those tracts or a part of the those tracts described in the following: DB 3506 PG 78, DB 2627 PG 856, DB 2550 PG 545, DB 2115 PG 281, DB 2115 PG 284, DB 2627 PG 856, DB 2637 PG 896 and a part of the Porters Neck Road extension as shown in the records of the New Hanover County Registry, North Carolina and being more particularly described as follows: Beginning on a point that is located on the western right of way of U.S. Hwy. 17 (North Market Street right of way varies), said point being located N 42-44-35 E 219.98 ft. from a right of way disc located at the intersection of the western right of way of U.S. Hwy. 17 and the northern right of way of Porter's Neck Road extended: Proceed thence from said beginning point N 47-35-34 W 218.21 ft. to a point, thence N 90-00-00 W 81.12 ft. to a point, thence with a curve to the left and a radius of 64.50 ft. and a chord of S 66-10-32 W 52.11 t to a point, thence S 42-19-45 W 137.96 ft. to a point, thence N 48-59-14 W 49.36 ft. to a point, thence S 41-51-57 W 12.07 ft. to a point, thence with a curve to the left and a radius of 243.76 ft. and a chord of N 72-17-37 W 235.05 ft. to a point, thence N 00-02-08 E 754.63 ft. to a point in the southern right of way of Interstate 140 (right of way varies) thence with said right of way S 88-47-50 E 485.35 ft. to a point, thence S 85-01-12 E 194.02 ft. thence with a curve to the right and a radius of 2230.97 ft. and a chord of S 80-53-42 E 205.04 ft. to an N.C.D.O.T. disc, thence S 01-24-55 E 132.75 ft. to an N.C.D.O.T. disc, thence S 47-23-30 E 145.82 ft. to an N.C.D.O.T. disc located at the intersection of the southern right of way of Interstate 140 and U.S. Hwy. 17 (North Market Street), thence S 26-17-51 W 36.34 ft. to a point, thence S 22-16-31 W 93.37 ft. to an N.C.D.O.T. disc, thence S 24-32-28 W 327.20 ft. to a point, thence S 42-34-46 W 225.59 ft. to the point of beginning and containing an area of 15.62 acres according to computations only by Hanover Design Services, P.A. in March of 2007. All bearings are relative to M.s. 37 PG. 62. Z-861 Page 1 of2 Section 2. The County Clerk is hereby authorized and directed under the supervision ofthe County Commissioners to Change the Zoning Map Areas No 5 and No. 8B 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 ofthe inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption and also subject to the companion special use permit site plan associated with this case number in accordance with Section 59.7 of the New Hanover County Zoning Ordinance. 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 and special use permit bearing the same case number Z-861. Adopted the 4th day of September, 2007. w.$~ Q-~ William A. Caster, Chairman Attest: ~Y\L. \ ~~ll~ Sheila L. Schult, Clerk to the Board Z-861 Page 2 of2 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Building Materials & Garden Supplies Store in CD(B-2) Zoning District Z-861,4/07 The County Commissioners for New Hanover County having held a public hearing on September 4,2007 to consider application number Z-861 submitted on behalf of owner Alliance Commercial Properties for a special use permit to locate a Building Materials & Garden Supplies Store in a CD(B-2) Conditional Highway Business District approved under companion rezoning action bearing the same case number, said proposal being located at 8325, 8363 and 8365 N. Market Street, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 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. Public water will serve the property. B. County sewer will be required to serve the site C. Applicant will design, permit and construct a collective sewer system to serve the site per District specifications. D. A private well will be installed for irrigation. E. The property accesses Market Street, an identified arterial via the intersection of Market Street and Porter's Neck Road. F. Traffic counts decreased in the vicinity of this site between 2005 and 2006. G. Fire Service is available from the Ogden FD. H. The property is not located in a flood hazard area. I. Stormwater retention is identified on the site plan and must meet the design standards of the County's storm water ordinance. 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second gei1eral 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 propeliy is zoned B-1 Neighborhood Business District. This request is made concurrent with conditional rezoning to CD(B-2) Highway Business District. B. Petitioner proposes off-street parking that exceeds the requirements of Article VIII of the New Hanover County Zoning Ordinance by providing 505 spaces compared to 411 spaces required. Ninety-four (94) spaces that exceed the requirement will be constructed of pervious paving material. C. Traffic circulation system will be via internal drives connecting to the extension of Porters Neck Road as well as through the existing POliers Neck Shopping Center and must provide adequate access for emergency service vehicles. Z-861 D. A traffic impact analysis was updated in 2007 for NCDOT for this project and street improvements will be required by NCDOT for congestion management. E. The Special Highway Overlay District applies to 2 sides of this property. Buffers as required in Section 59.6 must be provided. The applicant has provided renderings to depict the approximate effectiveness of the proposed vegetative buffer to fully shield outside storage from view along the 1-140 overlay. 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 submitted that this project will decrease property values of adjacent parcels. B. Stormwater management must perform in compliance with the requirements of the County ordinance. 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 Land Use Plan identifies this area as Transition, which provides for future intensive urban development on lands that have or will have urban services. B. Other commercial uses are prevalent in this vicinity, although none are of the magnitude of a regional superstore. C. The Site Plan proposes improving the Porters Neck Road extension to the Southwestern Property Boundary which would accommodate future expansion of Plantation Road as indicated in the Long Range Transportation Plan. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuarice 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 provisions of the conditional zoning district and limitations of the approved site plan as well as 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 pernlit 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. Applicant agrees to construct, at its cost, appropriate roadway infrastructure to create secondary access from the Lowe's site southward through the Porter's Neck Shopping Center to US Highway 17 (N. Market Street) as demonstrated on applicant's alignment plans # I and #2 dated August 28, 2007 (and as reproduced on the attached site plan). These improvements shall be constructed prior to issuance of a celiificate of occupancy to the Lowe's building. 2. Applicant agrees to construct, at its cost, water and sewer infrastructure to the Lowe's site as approved by the County's engineer. Upon completion of the applicant's sewer infrastructure, Z-861 2 and pending cOilllection to the county's wastewater system, applicant may temporarily COlmect to a private system pending completion of sewer improvements by the County. 3. Applicant agrees to install, at its cost, all offsite road improvements for its property as approved by the NC Department of Transportation. 4. All other State, federal and local regulations are applicable. Ordered this 4th day of September, 2007 1JJt~VlN\ Q..Co~ William A. Caster, Chainnan Attest: ~~\rA "-- ~(\~ Sheila L. Schult, Clerk to the Board Z-861 3 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No.5 and AREA No. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 6, 1971 and July 7,1972 respectively CASE: Z-861 (4/07) THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Maps of Zoning Area No.5 and No. 8B are hereby amended by removing the hereinafter described tracts from the B-1 Neighborhood Business Zoning District and placing them in the Conditional Use District CD (B-2)) Classification for use as a Building Materials & Garden Supplies store, said land being described as follows: Being a part of the proposed Porter's Neck Crossing Development for Alliance Commercial Properties. A certain tract or parcels of land lying and being in Hwnett Township, New Hanover County, North Carolina and being those tracts or a part of the those tracts described in the following: DB 3506 PG 78, DB 2627 PG 856, DB 2550 PG 545, DB 2115 PG 281, DB 2115 PG 284, DB 2627 PG 856, DB 2637 PG 896 and a part of the Porters Neck Road extension as shown in the records of the New Hanover County Registry, North Carolina and being more particularly described as follows: Beginning on a point that is located on the western right of way of U.S. Hwy. 17 (North Market Street right of way varies), said point being located N 42-44-35 E 219.98 ft. from a right of way disc located at the intersection of the western right of way of U.S. Hwy. 17 and the northern right of way of Porter's Neck Road extended: Proceed thence from said beginning point N 47-35-34 W 218.21 ft. to a point, thence N 90-00-00 W 81.12 ft. to a point, thence with a curve to the left and a radius of 64.50 ft. and a chord of S 66-10-32 W 52.11' to a point, thence S 42-19-45 W 137.96 f1. to a point, thence N 48-59-14 W 49.36 ft. to a point, thence S 41-51-57 W 12.07 ft. to a point, thence with a curve to the left and a radius of 243.76 ft. and a chord of N 72-17-37 W 235.05 ft. to a point, thence N 00-02-08 E 754.63 ft. to a point in the southern right of way of Interstate 140 (right of way varies) thence with said right of way S 88-47-50 E 485.35 ft. to a point, thence S 85-01-12 E 194.02 ft. thence with a curve to the right and a radius of 2230.97 ft. and a chord of S 80-53-42 E 205.04 f1. to an N.C.D.O.T. disc, thence S 01-24-55 E 132.75 ft. to an N.C.D.O.T. disc, thence S 47-23-30 E 145.82 ft. to an N.C.D.O.T. disc located at the intersection of the southern right of way of Interstate 140 and U.S. Hwy. 17 (North Market Street), thence S 26-17-51 W 36.34 ft. to a point, thence S 22-16-31 W 93.37 ft. to an N.C.D.O.T. disc, thence S 24-32-28 W 327.20 f1. to a point, thence S 42-34-46 W 225.59 ft. to the point of beginning and containing an area of 15.62 acres according to computations only by Hanover Design Services, P.A. in March of 2007. All bearings are relative to M.B. 37 PG. 62. Z-861 Page 1 of2 Section 2. The County Clerk is hereby authorized and directed under the supervision ofthe County Commissioners to Change the Zoning Map Areas No 5 and No. 8B 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 of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption and also subject to the companion special use pennit site plan associated with this case number in accordance with Section 59.7 of the New Hanover County Zoning Ordinance. 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 of the 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 and special use permit bearing the same case number Z-861. Adopted the 4th day of September, 2007. w$~Q-~ William A. Caster, Chairman Attest: ~Y\L- \ ~~ll~ Sheila L. Schult, Clerk to the Board Z-861 Page 2 of2 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Building Materials & Garden Supplies Store in CD(B-2) Zoning District Z-861, 4/07 The County Commissioners for New Hanover County having held a public hearing on September 4,2007 to consider application number Z-861 submitted on behalf of owner Alliance Commercial Properties for a special use pern1it to locate a Building Materials & Garden Supplies Store in a CD(B-2) Conditional Highway Business District approved under companion rezoning action bearing the same case number, said proposal being located at 8325, 8363 and 8365 N. Market Street, 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. Public water will serve the property. B. County sewer will be required to serve the site C. Applicant will design, permit and construct a collective sewer system to serve the site per District specifications. D. A private well will be installed for irrigation. E. The property accesses Market Street, an identified arterial via the intersection of Market Street and Porter's Neck Road. F. Traffic counts decreased in the vicinity of this site between 2005 and 2006. G. Fire Service is available from the Ogden FD. H. The property is not located in a flood hazard area. I. Stormwater retention is identified on the site plan and must meet the design standards of the County's storm water ordinance. 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 property is zoned B-1 Neighborhood Business District. This request is made concurrent with conditional rezoning to CD(B-2) Highway Business District. B. Petitioner proposes off-street parking that exceeds the requirements of Article VIII of the New Hanover County Zoning Ordinance by providing 505 spaces compared to 411 spaces required. Ninety-four (94) spaces that exceed the requirement will be constructed of pervious paving material. C. Traffic circulation system will be via internal drives connecting to the extension of Porters Neck Road as well as through the existing Porters Neck Shopping Center and must provide adequate access for emergency service vehicles. Z-861 D. A traffic impact analysis was updated in 2007 for NCDOT for this project and street improvements will be required by NCDOT for congestion management. E. The Special Highway Overlay District applies to 2 sides of this property. Buffers as required in Section 59.6 must be provided. The applicant has provided renderings to depict the approximate effectiveness of the proposed vegetative buffer to fully shield outside storage from view along the 1-140 overlay. 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 submitted that this project will decrease property values of adjacent parcels. B. Stormwater management must perfomi in compliance with the requirements of the County ordinance. 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 Land Use Plan identifies this area as Transition, which provides for future intensive urban development on lands that have or will have urban services. B. Other commercial uses are prevalent in this vicinity, although none are ofthe magnitude of a regional superstore. C. The Site Plan proposes improving the Porters Neck Road extension to the Southwestern Property Boundary which would accommodate future expansion of Plantation Road as indicated in the Long Range Transportation Plan. 6. Therefore, because the County Commissioners conclude that all ofthe 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 provisions of the conditional zoning district and limitations of the approved site plan as well as 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 pennit 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. Applicant agrees to construct, at its cost, appropriate roadway infrastructure to create secondary access from the Lowe's site southward through the Porter's Neck Shopping Center to US Highway 17 (N. Market Street) as demonstrated on applicant's alignment plans # I and #2 dated August 28, 2007 (and as reproduced on the attached site plan). These improvements shall be constructed prior to issuance of a celiificate of occupancy to the Lowe's building. 2. Applicant agrees to construct, at its cost, water and sewer infrastructure to the Lowe's site as approved by the County's engineer. Upon completion of the applicant's sewer infrastructure, Z-861 2 and pending COlU1ection to the county's wastewater system, applicant may temporarily COlU1ect to a private system pending completion of sewer improvements by the County. 3. Applicant agrees to install, at its cost, all offsite road improvements for its property as approved by the NC Department of Transportation. 4. All other State, federal and local regulations are applicable. Ordered this 4th day of September, 2007 1J1t~vYv\ Q-Co~ William A. Caster, Chainnan Attest: ~~\~ ~. ~(\~ Sheila L. Schult, Clerk to the Board Z-861 3 2. 6..t.1S'~. 1&>'+ AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 7, 1972 CASE: Z-869, 8/07 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No. 8B is hereby amended by removing the hereinafter described tract known as 113 Sweetwater Drive from the R-15 Residential Zoning District and placing it in the O&I Office & Institutional District, said lands being described as follows: Beginning at an iron pipe. the northeastern boundary line of Tract C of the Division of Alberta C. Beall property as shown in Map Book 16, Page 32 of the New Hanover County Registry, said Iron pipe being North 40 degrees 45 minutes 04 seconds East 25.85 feet from the northeastern right of way line of Country Haven Drive; running thence North 40 degrees 45 minutes 04 seconds East 178.47 feet to the point of beginning; running thence North 40 degrees 45 minutes 04 seconds East 175.0 feat to the southern right of way line of Sweetwater Drive; thence along the said right of way line of Sweetwater Drive North 46 degrees 19 minutes 05 seconds West 149.09 feet to an Iron pipe; thence South 46 degrees 15 minutes 27 seconds West 173.61 feet to an Iron pipe; thence South 41 degrees 16 minutes 17 seconds East 70.88 feet to an iron pipe; thence South 49 degrees 03 minutes 58 seconds East 98.90 feet, more or less, to the point of beginning, being all of Tract A containing 0.6521 acres, more of less, as shown upon the map titled Subdivision of William F. Canady Tract which is recorded in Map Book 32 at Page 8 of the New Hanover County Registry. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area No 8B 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 ofthe inhabitants oftheCountyofNew Hanover, NOlih 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 0.6521 acres is: A. Consistent with the purposes and intent of the transition land classification and associated policies in the 2006 land use plan. B. Reasonable and in the public interest to allow a transition from residential use to office and institutional use in this location adjacent to an existing 0&1 district. Z-869 Page 1 of2 Adopted the 4th day of September, 2007. Attest: ~~:~ '-- ~~~ Sheila L. Schult, Clerk to the Board Z-869 Page 2 of2 w~Q~ 2j~ :L. <i? ~. to S"' AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 7, 1972 (Area 8B) CASE: Z-870, 8/07 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No. 8B is hereby amended by removing the hereinafter described tracts from the R -15 and RA Residential Zoning District and placing them in the R -10 Residential District, said lands being described as follows: BEGINNING at a point in the northern boundary of Gordon Road (S.R. 1327), a 60' public right-of-way; said point being at the southwestern corner of Lot 31 - Brierwood, a subdivision recorded among the land records of the New Hanover County Registry in Map Book 16, at Page 21; said point also being located North 87054'00" West, 138.65 feet along said right-ofwway from its intersection with the northwestern boundary of Brierwood Road, a 60' public right-ofMway; and running thence from the point of beginning, with the north boundary of Gordon Road, North 87053'54" West, 217.09 feet to a point; thence North 15006'07" East, 509.28 feet to a point; thence North 73040'35" West, 81.40 feet to a point; thence North 32028'53" East, 647.50 feet to a point; thence South 73040'35" East, 433.84 feet to a point in the northwestern boundary of Brierwood; thence with that boundary, South 32038'00" West, 648.20 feet to a point; and thence South 32010'00" West, 473.63 feet to the point and place of beginning, containing 9.25 acres, more or less. Section 2. The County Clerk is hereby authorized and directed under the supervision ofthe County Commissioners to Change the Zoning Map Area No 8B 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 ofthe 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 l53A- 341, that this zoning map amendment of9.25 acres is: A. Consistent with the purposes and intent of the urban land classification and associated policies in the 2006 land use plan. B. Reasonable and in the public interest to allow an increase in the base density from 2.5 Z-870 Page 1 of2 units per acre to 3.3 units per acre in this location adjacent to an existing R -10 district. Adopted the 4th day of September, 2007. Attest: ~\l~' \.._~~..lA,. Sheila L. Schult, Clerk to the Board Z-870 Page 2 of2 o~ (]. ~ William A. Caster, Chainnan