2007-11-05 RM Exhibits
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AGENDA: November 5, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-031
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-031 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: Social Services
Exnenditure: Decrease Increase
DSS - Administration:
Salaries $47,596
DSS - Work First Demo Grant - T ANF:
Contracted Services $17,000
Employee Reimbursement 500
Client Transportation 3,624
Training and Travel 3,266
Total $47,596 $24 390
Revenue: Decrease Increase
DSS - Work First Demo Grant - T ANF:
T ANF Work First Demo $23,206
Total $23,206
Section 2: Explanation
To reduce Work First Demo Grant Adopted Budget estimated at $523,206 to grant award of$500,000.
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 08-031 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this 5th day of November, 2007.
V~Q.~
William A. Caster, Chairman
ATTEST:
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Sheila L. Schult, Clerk to the Board
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AGENDA: November 5, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-077
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-077 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 TreatmentlNHC Schools
Expen d itu re: Decrease Increase
M & R Building and Grounds $2,050
Total $2,050
Revenue: Decrease Increase
Cape Fear Garden Club Grant $2,050
Total $2,050
Section 2: Explanation
To budget grant funds received from the Cape Fear Garden Club to complete landscaping on the right side,
of the Juvenile Day Treatment Center building.
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 08-077 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this 5th day of November, 2007.
'LJ~ {1. ~
William A. Caster, Chairman
ATTEST:
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Sheila L. Schult, Clerk to the Board
)( e 3D. 33 ./ C-
AGENDA: November 5, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-080
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-080 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Aml~ndment:
Fund: General Fund
Department: Emergency Management
EXDenditure: Decrease Increase
Emergency Management:
Contracted Services $9,389
Total $9,389
Revenue: Decrease Increase
Emergency Management:
Crime Control and Public Safety Grant $9,389
Total $9 389
Section 2: Explanation
To budget supplemental funding received from the NC Department of Crime Control and Public Safety
Grant. Funds will be used to develop and maintain a comprehensive emergency management program.
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 08-080 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this 5th day of November, 2007:
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William A. Caster, Chairman
ATTEST:
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Shei a L. Schult, Clerk to the Board
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AGENDA: November 5, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 08-082
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 08-082 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Aml~ndment:
Fund: General Fund
Sh 'ff/G T F
Department: en an{! ask orce
Expenditure: Decrease Increase
Sheriff/Gang Task Force:
Contingencies $10,411
Salaries and Wages $33,832
Social Security Taxes 2,589
Long Term Disability 95
Uniforms - Purchase 245
Supplies 500
Cellular Expense 1,000
Supplies - Computer and Other 3,500
Medical Insurance Expense 8,820
Retirement - Local Government 1,591
Total $10,411 $52.172
Revenue: Decrease Increase
Sheriff/Gang Task Force:
Governor's Crime Commission Grant $41,761
Total $41.761
Section 2: Explanation
A Governor's Crime Commission Grant has been awarded to the Sheriffs Office in the amount of
$41,760.15. This is a Project Safe Neighborhood Grant that supports new and expanded anti-gang
prevention and enforcement efforts. The grant is for one year and will be used to support one new position
(Community Resource Coordinator Case Manager). '
The Board of Commissioners granted approval to apply for the grant at its 6/18/07 meeting. There is no
match requirement. The grant award does not fund County cost for medical insurance and Local
Government Retirement. The Board approved Contingency funds to be used for these costs.
At the end of the grant term (one year), the expanded portion of the Gang Task Force would be evaluated to
determine if it should be recommended for continuation based on outcomes as outlined in the grant.
With approval of this budget amendment, the amount available in Contingency will be $412,589.
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 08-082 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this 5th day of November, 2007.
v~a.~
William A. Caster, Chairman
AT~~
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Sheila L. Schult, Clerk to the Board
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AGENDA: November 5, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-45
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BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 2008-45 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amf:ndment:
Fund: General Fund
Department: Commissioners
Revenue: Decrease Increase
Aoorooriated Fund Balance $13,678
Transfers in From Capital Projects (Fund 398) $13,678
Total $13,678 $13 678
Fund: Government Center Capital Project
Department:
Exoenditure: Decrease Increase
Capital Project Expense $13,678
Transfers to General Fund $13,678
Total $13,678 $13 678
Section 2: Explanation
This budget amendment will close the Government Center Capital Project (Fund 398) and transfer the
remaining equity of $ 13,677.46 back to the General Fund.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE'. BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 2008-45 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this 5th day of November, 2007.
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William A. Caster, Chairman
ATTEST:
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Sheila L. Schult, Clerk to the ~oard
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
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FAMILY CAREGIVERS MONTH
PROCLAMATION
WHEREAS, the State of North Carolina is joining the Nation in declaring November as Family
Caregivers Month 2007 to honor and support the tremendous contributions family caregivers make
every day and to spotlight the fact that most people who need care rely on family and friends for their
support; and
WHEREAS, according to the North Carolina Department of Health and Human Services,
almost one in two adult North Carolinians are caring for someone with a memory disorder, and rnore
than one in four are caring for a person over age 60, and the number of people age 70 and above who
need assistance with activity limitations is expected to grow substantially during the next decades; and
WHEREAS, North Carolina's caregivers are diverse in their characteristics and circumstances
but share the common goal of enabling their family member or friend to stay functioning in the
community whenever possible and should be able to enter into care giving ,with the knowledge and
assurance that they can call upon the business, faith, and health and human service communities to assist
with information, counseling, respite, and formal services when needed; and
WHEREAS, many businesses are realizing the value in providing support to employees who
are family caregivers because family care giving often comes with great personal sacrifice in terms of
job and financial security, social life, and physical, mental and emotional health; and
WHEREAS, the North Carolina Division of Aging and Adult Services, the Area Agencies on
Aging, and many other human service agencies are committed to increasing the awareness of
caregivers' needs and continue to work to meet these needs.
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NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that November 2007 be recognized as "FAMILY CAREGIVERS MONTH" in New
Hanover County and that our citizen,s are urged to acknowledge and support family, friends, and
neighbors who are helping our older and disabled citizens. Support of family caregivers is not only the
right thing to do but also an essential investment for the future of North Carolina's long-term care
system.
ADOPTED the 5th day of November 2007.
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William A. Caster, Chairman
ATTEST:
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Sheila L. Schult, Clerk to the Board
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X83D.33.3
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ADOPTION AWARENESS MONTH
PROCLAMATION
WHEREAS, every child deserves the chance to grow up in a loving, stable
family, and adoption is a beautiful way to build a family; and
WHEREAS, adoption is the goal for many special needs children in foster care;
and
WHEREAS, some special needs children are teenagers, and some have physical,
emotional and behavioral challenges. They are children of all races. Many have been
neglected, abandoned, abused and/or exposed to drugs and alcohol. Others are brothers
and sisters who want to grow up together. They need our care and they need security;
and
WHEREAS, there are over 50 children in New Hanover County waiting for
adoptive families and many other children are in the legal process of being cleared for
adoption; and
WHEREAS, many children find permanent homes through adoption by their
foster families, thereby creating an ongoing need for new foster and adoptive families.
NOW, THEREFORE BE IT PROCLAIMED by the New Hanover County
Board of Commissioners that November 2007 be recognized as "ADOPTION
AWARENESS MONTH" in New Hanover County and thanks all adoptive mothers and
adoptive fathers for their commitment to children. Furthermore, we encourage our
community to honor the special needs of New Hanover County's children in hopes of
securing a permanent, loving family for each and every child regardless of race, age,
gender, health, emotional or behavioral condition or past distress.
ADOPTED the 5th day of November 2007.
v~G.~
William A. Caster, Chairman
ATTEST:
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Sheila L. Schult, Clerk to the Board
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x e, 30.33. tf
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE SUBDIVISION REGULATIONS
OF NE'V HANOVER COUNTY, NORTH CAROLINA
ADOPTED FEBRUARY 17, 1969
CASE: A-367, 09/07 '
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Subdivision Regulations of the County of New Hanover, North Carolina adopted
February 17, 1969, as amended be and the same is herby further amended as follows:
SECTION 41-1(7)(f)
Interconnected street systems promote orderly and safe development by ensuring that streets function in an
independent manner, to provide adequate access for emergency and service vehicles and enhance access by
ensuring continuous and connected transportation routes.
All proposed streets shall be continuous and connect to existing or platted streets without offset with the
exception of cul-de-sacs as permitted and except as provided below.
The street network for any subdivision shall achieve a connectivity ratio of not less than 1AO. The
connectivity ratio shall be defined as the number of street links divided by the number of nodes, including cuI
de sac heads or other vehicle turnarounds. A "node" refers to the terminus of a street or the intersection of
two (2) or more. Any curve or bend of a street that has a minimum centerline radius of 100 feet or more shall
not be considered a node. Roundabouts also shall not be counted as nodes. A divided entrance is one node.
A link shall be any portion of a street, other than an alley, defined by a node at either end. Street projections to
adjacent properties shall be considered links. For the purpose of determining the number of links in a
development, boulevards, median-divided roadways, and divided entrances shall be treated the same as
conventional two-way roadways. Street links and nodes along a collector or arterial street providing access to
a proposed subdivision shall not be considered in computing the connectivity ratio.
Residential streets shall be designed so as to minimize the block length oflocal streets, to provide safe access
to residences with minimal need for steep driveways and to maintain connectivity between and through
residential neighborhoods for autos and pedestrians.
Where necessary to provide access or to permit the reasonable future subdivision of adjacent land, rights-of-
way and improvements shall be extended to the boundary ofthe development. A temporary tumaround may be
required where the dead end exceeds 500 feet in length. The platting of partial width rights-of-way shall be
prohibited except where the remainder of the necessary right-of-way has already been platted, dedicated or
established by other means.
New subdivisions may be exempt from the connectivity ratio standard as set forth in this section, provided the
appropriate reviewing agency determine there is no option for providing stub streets or connectivity due to
existing documented environmental features such as wetlands or natural water bodies or existing adjacent
developed property (11/07).
Page 1 of2
A-367, 11/07
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 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 5th day of November 2007.
');)~ O. ~
William A. Caster, Chairman
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Sheila 1. Schult, Clerk to the Board
Attest:
Page 2 of2
A-367, 11/07
X 8 3D. '33.5
AN ORDINANCE OF THE COUNTY OF
NE\:Y HANOVER, NORTH CAROLINA
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6, 1969, UPDATED APRIL 2007
A-352
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 to add a new section in the
ordinance as follows:
Section 69.18 Traffic Impact Analysis - Before a nonresidential project is submitted for site
plan review, the applicant shall prepare a Traffic Impact Worksheet which will be
submitted to the Planning Department for verification.
(1) Where the wo,"ksheet indicates traffic generation of 100 peak hour based upon the most
current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual,
then the applicant will be required to perform a Traffic Impact Analysis.
(2) The applicant and/or the applicant's traffic engineer shall request a scoping meeting
with the Planning Director or his designee, the MPO Coordinator and an NCDOT Traffic
Engineer to determine the scope of the Traffic Impact Analysis study. Electronic
communication among parties may be utilized to facilitate the scoping process when
necessary.
(3) All Traffic Impact Analysis studies shall be prepared by a licensed engineering firm that
has ,"elevant experience to perform the requirements defined in the scoping process, and
shall be signed and sealed by a qualified professional engineer, To the extent applicable,
general guidance and standards for traffic impact analyses is outlined in a publication
entitled "Traffic Impact Study Standards" originally approved by the County
Commissioners on May 20, 2002.
(4) The completed study will be submitted to the Planning Director or the Planning
Director's designee for review and approval.
(5) In considering the ,'esuIts of the traffic impact analysis, the Planning Director, after
collaboration with the MPO Coordinator and NCDOT, may accept the recommendations of
the TIA or may require additional improvements based on identifiable cumulative impacts
or special public safety situations, The collaboration shall follow procedures already
established by the MPO for communication with all parties.
(6) The applicant will be notified with comments within 30 days of receipt of the final TIA.
(7) Once the mitigation measures are agreed upon by the MPO, NCDOT and County, the
\Vilmington ]\11>0 will prepare a memorandum approving the Transportation Impact
Analysis and identifying the transpo,"tation improvements necessary to accommodate the
A-352
1
proposed development. Mitigation measures required as part of the TIA acceptance shall be
included in the final site plan submitted for review.
(8) Appeals - 'Within 10 working days of a decision on requil"ed mitigation measures, an
applicant may appeal the decision through the Board of Adjustment in the form of a letter
stating the reasons for appeal and including documentation in support of the appeal. In
hearing disputes, the Board of Adjustment may request an independent study by an outside
source, chosen by the County and paid for by the applicant, to resolve questions of traffic
impact and appl"opriate mitigation thereof,
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 establish a method for regulating
significant traffic impacts on nonresidential projects on the same basis as for residential
subdivisions and special uses in the county.
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 5th day of November, 2007.
1J~ 0- ~
William A. Caster, Chairman
Attest:
~1fu_\L\ ~~I,\0\-
Sheila L. Schult, Clerk to the Board
A-3S2
2
X 630. 33. loa..
CAPIT AL PROJECT ORDINANCE
COMMUNITY DEVELOPMENT BLOCK GRANT SCATTERED SITE HOUSING #3
BE IT ORDAINED, by the Board of Commissioners of New Hanover County:
1. New Hanover County ("County") is engaged in the Community Development Block
Grant Scattered Site Housing Project #3 Grant #07 -C-1667, which capital project
involves the construction and/or acquisition of capital assets.
2. County desires to authorize and budget for said project in a project ordinance adopted
pursuant to North Carolina General Statute S 159-13.2, such ordinance to authorize all
appropriations necessary for the completion of said project.
NOW, THEREFORE, WITNESS THAT:
1. This project ordinance is adopted pursuant to North Carolina General Statute S 159-13.2.
') The project undertaken pursuant to this ordinance is the Community Development Block
Grant Scattered Site Housing #3 Capital Project, which project is herewith authorized.
3. The revenue that will finance said project is:
CDBG Grant $400,000
Total $400,000
4. The following appropriations necessary for the project are herewith made from the
revenue listed above:
Capital Project Expense
Total
$400,000
$400,000
5. This proj ect ordinance shall be entered in the minutes of the Board of Commissioners of
New Hanover County. Within five days hereof, copies of this ordinance shall be filed
with the Clerk to the Board of Commissioners of New Hanover County.
Adupted this 5th day of November 2007.
V~ G., ~-.
William A. Caster, Chairman
~~\ \ ~\ \.Jk
Sheila L. Schult, Clerk to the Board
x e, 3D. 33.b,b
AGENDA: November 5, 2007
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-49
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2008-49 be made to the annual budget ordinance for the
fiscal year ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Community Developmenlt Block Grant
Department: Planning
Exoenditure: Decrease Increase
CDBG Scattered Site Housing:
Caoital Project Exoense $400,000
Total $400,000
Revenue: Decrease Increase
CDBG Scattered Site Housing:
CDBG Scattered Site Housing Grant $400,000
Total $400,000
Section 2: Explanation
To budget the third non-competitive 2007 North Carolina Small Cities Community Development Block
Grant - Scattered Site Housing Program in the amount of $400,000.
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 2008-49 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this 5th day of November, 2007.
ATTEST:
~~~\c- ~~ ~~jJr
Sheila L. Schult, Clerk to the Board
V~a~
William A. Caster, Chairman
X 630. '3 '3. [p e..
9\&w :J{anover County 'Board of Commissioners
'R.gso[ution
WHEREAS, New Hanover County will receive a $400,000 Commuriity Development Block
Grant (CDBG) to assist in promoting viable communities, "by providing decent housing and a suitable
living environment and expanding economic opportunities, principally for persons of low and moderate
income," and
, ~. '
. WHEREAS,"theNew Hanover County Board of Commissioners provides for 'and encourages
citizen participation by persons of low and moderate income who are residents of slum and blighted areas
in which CDBG funds are proposed to be used in low and moderate income neighborhoods as defined by
New Hanover County;and
:,'WHER.EAS,.,~ cItizens are provided \\iith timdlyand reasonable access 'to meetings,
information, and records regarding New Hanover County's proposed and actual use of CDBG funds; arid
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.. WHEREAS, a Selection Coml'riitteeshall serve as a mechariisrri for. prov.iding continued citizen
involvement and paliicipiltion in the CDBG Program and shall provide reports and- updates to the New
Hanover County Board of Commissioners and provide input in establishing policies and selecting homes to
be assisted according to CDBG regulations and local priorities; and
. '
WHEREAS, New Hanover County' shall provide for public hearings to obtain citizen(s)
comments and respond to questions and proposals at all stages of theCDBG Program; including at a
minimum, the development of needs, the review of proposed activities and program performance, which
hearings shall be held after adequate notice, at times and locations accessible to potential and actual
beneficiaries, and with accommodations forthe handicapped; and
- '. .
, -
WHEREAS, New Hanover County:shall provide for a timely written response to written
grievances and complaints within ten calendar days; and
WHEREAS, Ne~ Hanover Count)ishafi identify how the ne~d of non-English speaking residents!
participants will be met in the event of public hearings where a significant number of non-English speaking
residents can rei'lsonab-Iybe expected to participate; and '
< NOW THEli'EFORE BE IT"RESOLVED, that the New Hanover Cou~tY Board of
Commissioners herebyauth6rizes the adoption ()f the New Hanover County Citizen, Participation Plan in
accordance with Section .1002 of the North Carolina CDBG Regulations (4NCAC19L).
" . " . c; ,,~
,Ad6pted this 'the 5;;;:'day'ofNo0ember, 200i.
'aj~O. ~'"
William A. Caster, Chairman
Attest:
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RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, New Hanover County IS dedicated to promoting safe and efficient
transportation choices; and
WHEREAS, the intersections of North College Road and Bavarian Road, Bavarian Road
and Farley Drive, and Bavarian Road and North Kerr Avenue are frequently congested and
present hazards to citizens of New Hanover County; and
WHEREAS, the above intersections are used by school buses, emergency vehicles and
numerous other public and private vehicles; and
WHEREAS, NC Transportation Board Member Lanny Wilson has requested Senate Bill
622 funds in the amount of $250,000 for improvements to these intersections; and
WHEREAS, Senator Julia Boseman has requested Contingency funds in the amount of
$250,000 in support of improvements to these intersections.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners supports the above funding for improvements to the intersections of North
College Road and Bavarian Road, Bavarian Road and Farley Drive, and Bavarian Road and
North Kerr Avenue to improve traffic flow and safety.
ADOPTED the 5th day of November 2007.
1:J~a~
William A. Caster, Chairman
ATTEST:
~~\~ \. ~~
Sheila L. Schult, Clerk to the Board
)( B 3Q. 33. g
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, Market Street (US Highway 17 Business) is one of the main arterial routes that carries traffic
within the City of Wilmington and New Hanover County; and '
WHEREAS, Market Street is currently a five-lane cross section from Colonial Drive to Futch Creek Road;
and
WHEREAS, the Market Street corridor currently functions at levels of service ranging from D to F
between Colonial Drive and Futch Creek Road; and
WHEREAS, there is a documented crash history for left-turning movernents along this corridor; and
WHEREAS, the North Carolina Department of Transportation has funded a Transportation Improvement
Program (TIP) project (U-4902B) that will implement access management strategies on Market Street between
Colonial Drive and Futch Creek Road; and
WHEREAS, some of these improvements have been installed with the development that has already
occurred along the corridor; and
WHEREAS, as these developrnent opportunities occur, the integration of land use and transportation
planning becomes more and more essential to accommodate the regional growth; and
WHEREAS, an overlay zoning district could help staff to identify opportunities for the installation of
transportation improvements, recornmend opportunities for inter-connectivity and evaluate the existing and
proposed land uses; and
WHEREAS, a Market Street Corridor Overlay District could help to guide development and ensure that
the development patterns are consistent with good planning principles; and
WHEREAS, a Market Street Corridor Overlay District could also permit the Wilmington Metropolitan
Planning Organization to work with the North Carolina Department of Transportation, City of Wilmington and
County staff to help prepare development n:gulations that promote the safe and efficient movement of traffic while
improving the aesthetics of the community.
NOW THEREFORE, BE IT RE:SOLVED, that the New Hanover County Board of Commissioners
hereby recognizes the irnportance of a Market Street Corridor Overlay District study and recommends staff from
New Hanover County partner with North Carolina Department of Transportation, the City of Wilmington and the
Wilmington Metropolitan Planning Organization to prepare a possible overlay zoning district that could promote
development patterns that provide for the safe and efficient movement of traffic while irnproving the aesthetics of
the community along the Market Street corridor.
ADOPTED this the 5th day of November, 2007,
V~Q,~
William A. Caster, Chairman
~~~~ l. \\kl~
Sheila L. Schult, Clerk to the Board
~ ~~O .33.9
RESOLUTION
OF
NEW HANOVER COUNTY
WHEREAS, the New Hanover COImty Board of Education (hereinafter "School Board") intends to acquire
property to construct a new middle and elementary school in the northern part of the County to ease school overcrowding
and to serve expected growth in student population; and
WHEREAS, North Carolina General Statute S 115C-426(f) provides that the County Commissioners must approve
the price of the purchase of real property by the School Board; and
WHEREAS, the School Board has requested the New Hanover County Board of County Commissioners to
approve the price for the acquisition of three parcels ofland and associated road and utility easements; and
WHEREAS, the first tract (hereinafter "JH Land tract") is an approximate 59 acre tract off of Holly Shelter Road
between Interstate 1-40 and Fulton Avenue, as more particularly described on that survey dated May 23,2007 by McKim &
Creed attached hereto as Exhibit A, including an access easement over the area marked "Proposed Road 60' RW" and a
utility easement over the area marked "Proposed 30' Utility Easement" on Exhibit A attached hereto; and
WHEREAS, the second tract (hereinafter "Hyman tract") is an approximate 0.47 acre tract adjacent to the JH Land
tract, as more particularly described as PIN 32318.41.2282.000 on that survey dated October 4,2007 by McKim & Creed
attached hereto as Exhibit B; and
WHEREAS, the third tract (hereinafter Shoulder Branch Baptist Church tract") is an approximate 0.25 acre tract
also adjacent to the JH Land tract as more particularly described as Shoulder Branch Baptist Church Parcell on Exhibit B
attached hereto; and
WHEREAS, the proposed consideration to be paid by the School Board for the JH Land tract is Two Million Four
Hundred Eighteen Thousand Four Hundred Thirty Two Dollars ($2,418,432.00), plus an agreement by the School Board to
construct a road meeting North Carolina Department of Transportation standards on the access easement area described as
"Proposed Road 60' RW" on Exhibit A hereto and an agreement that the School Board will contract with the New Hanover
County Water & Sewer District to construct a 500,000 gallon water tower on the JH Land tract and provide at least 50,000
gallons per day in sewer capacity above what is needed for the proposed new schools; and
WHEREAS, the proposed consideration to be paid by the School Board for the Hyman tract is Thirty Thousand
Dollars ($30,000.00); and
WHEREAS, the proposed consideration to be paid for the Shoulder Branch Baptist Church tract is the conveyapce
by the School Board to Shoulder Branch Baptist Church the approximate 0.42 acre parcel described as New Hanover
County Board of Education Parcel 2 on Exhibit B hereto.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the
consideration proposed to be paid by the School Board for the above referenced JH Land tract, the Hyman tract, and the
Shoulder Branch Baptist Church tract is fair and reasonable.
Adopted, this the 5th day of November, 2007.
1-J~a,-~
William A. Caster, Chairman
~ST:
'~~~'- ~M
Sheila L. Schult, Clerk to the Board
1. 8 36 . 33. (0
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION SUPPORTING THE INSTALLATION OF A ROUNDABOUT AT THE
INTERSECTION OF PORTERS NECK ROAD AND EDGEW ATER CLUB ROAD
WHEREAS, New Hanover County is dedicated to promoting safe and efficient travel
throughout the community; and
WHEREAS, based on a Transportation Impact Analysis completed in 2005, the south
approach to the intersection ofPorte:rs Neck Road and Edgewater Club Road will operate a Lever
of Service F during the AM and PM peak hours in 2009; and
WHEREAS, the NCDOT has agreed that the best solution to mitigate the traffic and
congestion at this location is the installation of a roundabout at the intersection of Porters Neck
Road and Edgewater Club Road; and
WHEREAS, NC Board of Transportation Member Lanny Wilson has identified funding.
in the amount of $400,000 to assist with the construction of this roundabout.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners, through the adoption of this resolution, hereby supports the installation of a
roundabout at the intersection of Porters Neck Road and Edgewater Club Road.
ADOPTED the 5th day of November 2007.
NEW HANOVER COUNTY
D~C.~
William A. Caster, Chairman
ATTEST:
~\\ '" . ~0.,,,\\:
Sheila L. Schult, Clerk to the Board
.suP IV. (8.1
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Nursing Home/Personal Care Facility in an R-15 Residential District
S-578, 9/07
The County Commissioners for New Hanover County having held a public hearing on
November 5,2007 to consider application number S-578 submitted by Lutheran Services Health
Care, for a special use pennit to locate a Nursing Home/Personal Care Facility in an R-15
Residential District located at property currently addressed as 615 Piner Road, and having heard
all of the evidence and arguments presented at the hearing, make the following FINDINGS OF
FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth
in Section 72-9 and 71-1 of the County Zoning Ordinance WILL be satisfied if the property
is developed in accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first
general requirement listed in the Ordinance; namely that the use will not materially endanger
the public health or safety if located where proposed and developed according to the plan as
submitted and approved. In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT:
A. The subject property is located within the Myrtle Grove Volunteer Fire District.
B. Public water and sewer are located in the vicinity.
C. A portion of the subject property along the northern property boundary is located in a
lOa-year floodplain
D. Primary access to the site is proposed to be from Junction Creek Drive (a private
street in Junction Creek Business Park) to S. College Road, an identified urban major
arterial. Secondary access will be to Piner Road from Clayton Horn Dairy Road, an
unpaved private right of way.
E. Traffic generation as submitted by the applicant indicates trip generation under 100
peak hour trips per day, therefore, no Traffic Impact Analysis was required by the
county for this review.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
second general requirement listed in the Ordinance; namely that the use meets all required
conditions and specifications. In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT:
A. The site is located in an R-15 Residential Zoning District. A Special Use Permit
allows a hospital or nursing and personal care facility in these districts under certain
conditions outlined in Section 72-9 of the ordinance.
B. The proposed lot size is 15.13 acres, which exceeds the minimum requirement of2
acres.
C. The proposed site plan shows the structure setbacks of at lease 50 feet as required by
the ordinance
D. An existing 40 foot drainage easement traverses the propeliy.
S-576
E. Off-street parking is shown at 108 spaces, which exceeds the requirements of Section
81-1 of the ordinance.
F. Buffers to screen the non-residential use from residential uses must meet the
minimum requirements of Section 67-4(2) of the ordinance, which says the buffer
must be 50% of the required setback, or in this case, 25 feet. Other provisions of
Section 67 also apply.
G. Stonnwater is proposed to be provided by under-pavement infiltration basins and
must meet the requirements of the County's Stonnwater Ordinance.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
third general requirement listed in the Ordinance; namely that the use will not substantially
injure the value of adjoining or abutting property, or that the use is a public necessity. In
support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. Surrounding properties are residential or Office & Institutional 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 confonnity 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
and Conservation. 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. The purpose of the Conservation class is to provide for
effective long-term management and protection of significant, limited or irreplaceable
natural resources while also protecting the rights of the property owner. Management
of these areas may be required for a number of reasons, including natural, cultural,
recreational, productive or scenic values, but are primarily flood prone areas.
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 pennit shall become void and of no effect.
C. In accordance with Section 71-1(4) of the ordinance, SUP, if issued shall become
null and void if construction or occupancy of the proposed use as specified is not
commenced within 24 months of the date of issuance. Limited 6-month
extensions are possible under the provisions outlined in the ordinance.
S-576
D. Other:
1. dumpsters will be serviced only between the hours of 8 a.m. and 5 p.m.
2. primary access will be to College Road with only secondary access to
Piner Rd.
3. Mallard Crossing Drive and Wood Ridge Rd. will remain stub streets
with no connectivity to this project; and
4. that there must be two access points in place before certificates of
occupancy are issued.
Ordered this 5th day of November, 2007
w~o~ ~
William A. Caster, Chainnan
Attest:
~~~ ,-_~e\,,~k-
Sheila L. Schult, Clerk to the Board
S-576
z ~ 2.q~.S:L
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No. 9A
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 1, 1972
CASE: Z-871 (8/07)
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area No. 9A is hereby amended by removing the
hereinafter described tracts from the 1-2 Industrial Zoning District and placing them in the
Conditional Use District CD(R -15)) Classification for use as recreational water access
amenities for a residential neighborhood, said land being described as follows:
Beginning at an existing iron pipe located at the intersection of on the western right of
line oru.s. Hwy 17/Castle Hayne Road and the easternmost corner of a parcel belonging
now or f0l111erly to Corbett Package Company and recorded at Page 317 ofDeecl Book
2235 of the New Hanover County Register of Deeds office and running thence
N48c36'16"W a distance of2006.4l' to another iron pipe, thence S70044'01"W a
distance of 1 086.4 2' to the point of beginning (a point in the marsh line). From said
point of beginning,
N61"22'18"W a distance of20.29', thence
S60"16'OO"W a distance of 14.94', thence
S 10.00' 51 "W a distance of 45.58" thence
S19026'04"E a distance of 13.56', thence
S8T13'14"Wa distance of72.55', thence
832"11 '49"W a distance of 36.88', thence
823016'28"W a distance of 38.03', thence
851" 44' 13 :'Yf a distance of 52.68', thence
S69"14'18"Wa distance of53.03', thence
S78015'45"W a distance of35.26', thence
875033 '28"W a distance of 45.79', thence
860057' 50"W a distance of39. 78', thence
S58Gll '55"W a distance of33.12', thence
84 r 14'47"W a distance of 34.39', thence
S59028'28"Wa distance of 46,01', thence
878048'42"W a distance of 19.46', thence
869037' l1"W a distance of 59.69', thence
N61 005'02"W a distance of 40.46', thence
S80"03' 19"W a distance of 6.77', thence
NOS'45'09"Vl a distance of23.34', thence
NOT51 '25"W a distance of 46.64', thence
Nl 0055'42"W a distance of 60.40', thence
N21042'41"W a distance of32.74', thence
Nl1'27'30"W a distance of90.41', thence
N13016'30"E a distance 0[203.22', thence
Z-871
Page 1 of5
N24' 13' 1 T'E a distance of 163.43', thence
N32" 42' 12"E a distance of 86.13', thence
N 10025' 3 1 "E a distance of 190.94', thence
N15" 15 '06"E a distance of 49.1 T, thence
N12'35'48"E a distance of 52.11', thence
N26'OO'52"E a distance of 42,27', thence
N42027' 19"E a distance of 69.70', thence
S88044'26"E a distance of 40.84', thence
N16'48'OT'E a distance of49.53', thence
N34'39'OO"E a distance of 44.82', theilce
S85040'23"E a distance of42.73', thence
N08'47'50"E a distance of 44.81', thence
N28'35'03"E a distance of 99,27', thence
N020 46' 58"\V a distance of 80.81 " thence
NOO'18'3T'E a distance of 112.06', thence
N41 '20'31"E a distance of 52.22', thence
N20'22' 17"E a distance of 26. 73', thence
N52 '00'27"E a distance of 35.1 0', thence
N7T42' 18"E a distance of 47.83', thence
Sn054'38"E a distance of 46.48', thence
N41 '00' 13"E a distance of 140.88', thence
N25'38'48"E a distance of 102.40', thence
N36059'46"E a distance of 49.64', thence
N31 '07'26"E a distance of 520.12' to the centerline of Hanaper Creek and along said
centerline approximately:
N7T50'48"W a distance of668.96', thence
N7T50'04"W a distance of26.92', thence
N84040'31"Wa distance of54.60', thence
N64 '06'56"W a distance of 31.97', thence
N 14 057' 13'~E a distance of 37.12', thence
N32'41 '39"W a distance of 13.49', thence
N71 001 '33"W a distance of21.25', thence
N82 033' 12"W a distance of 60.63', thence
S80019'56''W a distance of27.49', thence
S4 T 18' 15 "W a distance of 19.23" thence
SOT26'29"W a distance of 1 0.11', thence
S21 031 '35"E a distance of32.13', thence
S14002'OT'W a distance of28.09', thence
854054'41 "W a distance of32.90', thence
S65019'32"W a distance of42.24', thence
S86042'26"W a distance of 62.95', thence
N88021 '56"W a distance of 105.84" thence
N85029'21"Wa distance of 31.56', thence
N54038'38"W a distance of 38.88', thence
N74017'34"W a distance of25.33', thence
S68022'30"W a distance of 52.02', thence
854054'41 "W a distance of32.90', thence
Z-871
Page2of5
S34020'09"W a distance of 67.23', thence
S320S8'48"W a distance of33.51 " thence
S42.53 '39"W a distance of 41.46', thence
S72.12'OO"Wa distance of38.88', thence
N80. 11 '21"W a distance of39.24', thence
N5T29' 48"\\1 a distance of 44.41', thence
N320 1 O'2T'V" a distance of 51.98', thence
N19.42'OT'W a distance of 43.86', thence
N09'13' 1 O"W a distance of 57.84', thence
N2T14'Ol"Wa distance of25.58', thence
N7T 41 ' 14 "W a distance of 19.07', thence
S51'OT35"\V a distance of25.44\ thence
S39'41 , 14"\V a distance of62.88\ thence
835'45'29"W a distance of 40.88', thence
863"39'28"W a distance of 39.64', thence
N75'25'27"\V a distance of 32.59', thence
N29.5T55"W a distance of67.22', thence
NOT23 '31 "W a distance of 97.92', thence
N3T58'06"W a distance of37.74', thence
N71.23'33"W a distance of30.29', thence
N84.20'37"\V a distance of 25.88', thence
879'31 '23"W a distance of 84.11', thence
N80.48'50"\V a distance of33.35', thence
N53048'33"\V a distance of35.74>, thence
N41.34'49"W a distance of 56.75', thence
N2T53 '45"W a distance of 56.28', thence
N35.29'23"W a distance of 40.06', thence
N71014'02"W a distance of25.76', thence
86802T02';W a distance of 32.13', thence
834016'35"Wa distance of34.90', thence
810015' 55"\V a distance of 45.15' , thence
307"04'03"W a distance of63.50" thence
814040'42"W a distance of59.32', thence
825051' 51"W a distance of 41.56', thence
855036'21"W a distance of 20.62', thence
589018'41"W a distance of24.29', thence
N7T26'25"W a distance of 49.92', thence
N72014'30"W a distance of90.35', thence
N66003 '09"W a distance of 150.94', thence
N64 045' 51 "w a distance of 55 .61', thence
N69013' 52"W a distance of 43.00', thence
N88011 '51 "\V a distance of32.90', thence
871056'35"W a distance of23.95', thence
851043' 40"V.,1 a distance of 23.45', thence
836009'35"\\1 a distance of 42.88', thence
843008'35"W a distance of 97.64', thence
2-871
Page 3 of5
S86028'28"W a distance of250.00' to a point in the Northeast Cape Fear River, then
southward and parallel to the eastern river bank S03031 '32"E a distance of 2445.26',
Then N90000'00''E a distance of 412.25'to a point in the centerline of Smith Creek and
along that centerline:
N29034'21"E a distance of20,57', thence
N58. 43 '28"E a distance of 157.23', thence
N7T 06' 15"E a distance of 114.12', thence
S80009'49''E a distance of 129,75', thence
S62009'38"E a distance of99.83', thence
S4lo22'20"E a distanceof73,5l', then along the centerline of GarreWs Creek
S89050'59"E a distance of 130.84', thence
889005 '01 "E a distance of 593.70', thence
S89002152"E a distance of 41.381 thence
,
S8300T59"E a distance of 52.00', thence
N82020'50"E a distance of73.32', thence
N78'48'50"E a distance of60.97', thence
N73 '06'20"E a distance of 86.20', thence
N620S3'51"E a distance of77.29', thence
N62037'46"E a distance of 62.33', thence
N62037'46"E a distance of78.63', thence
N54057'59"E a distance of74.85\ thence
N 51034' 09"E a distance of 85.31" thence
N46042'29"E a distance of32.58', thence
N39059' 14"E a distance of 31.22', thence
N49.40'47"E a distance of25,91', thence
N59'2Y04"E a distance of 94.81',
T12hgel~ce N48QI2'18"W a distance of 41.85' to the point ofbegilming; this area containing
..):1: acr;es.
"'~~.I:
Section 2. The County Clerk is hereby authorized and directed under the supervision of the
County Commissioners to Change the Zoning Map Area No. 9A on file in the office ofthe
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
ofthe New Hanover County Zoning Ordinance.
Section 5. The County Commissioners find, in accordance with the provisions ofNCGS
Z-871
Page 4 of 5
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.
E. Reasonable and in the public interest based on the proposed companion site plan and
special use permit bearing the same case number Z-871.
Adopted the 5th day of November, 2007.
'D~ {1 ~
William A. Caster, Chainnan
Attest:
~\k\~ \ ~~~ \\
Sheila L. Schult, Clerk to the Board
Z-871
Page 5 of5
5t.l PlY. I ~. 2..
COUNTY OF NEW HANOVER
ST A TE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For Recreational Water Access Amenities in CD(R-15) Zoning District
Z-871, 8/07
The County Commissioners for New Hanover County having held a public hearing on September 4, 2007
to consider application number Z-871 submitted on behalf of owner Watertree Properties NC, LLC and
Corbett Packaging Company for a special use permit to locate recreational water access amenities in a
CD(R-15) Residential District approved under companion rezoning action bearing the same case number,
said proposal being located off Brentwood Road on Parcel Number R04100-001-002-000, 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. The proposed restroom area must secure approval from the County's Division of
Environmental Health to permit a septic tank.
C. Access to the proposed recreational amenities will be from a proposed 85 lot subdivision.
D. The number of boat slips may not exceed the number of lots within the subdivision
served by the community boating facility.
E. Pedestrian or vessel access is the only access to the facility. Vehicular traffic will not
effect this proposal.
F. Fire Service is available from the Wrightsboro FD.
G. The property is located in a flood hazard area but the proposed uses are limited to water
recreation types of facilities.
H. Stormwater control is subject to the requirements ofthe County's stormwater 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 1-2 Industrial District. this request is made concurrent with conditional
rezoning to CD (R-15) Conditional District for residential use.
R A community boating facility is allow with a special use pennit in an R-15 zoning district.
C. Petitioner proposes 85 boat slips to serve as a recreational amenity for an 85 lot subdivision.
D. Traffic circulation is not applicable since this site is accessed only as a pedestrian or
watercraft location.
E. A traffic impact analysis is not required.
F. Parking will be provided on individual lots associated with the boat slips.
G. CAMA permits will be required.
Z-871 '
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 propeliy, 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.
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 hannony 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 Update of the Joint CAMA Plan describes the purpose of the Conservation class as
providing for effective long-term management and protection of significant, limited or
irreplaceable natural resources while also protecting the rights of the property owner.
Management of these areas may be required for a number of reasons, including natural,
cultural, recreational, productive or scenic values, but are primarily flood prone areas
B. Water dependent arnenities for residential subdivisions are in conformity with the policies of
the CAMA Land Use Plan.
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
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 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. No acreage from the proposed recreational areas may be used toward allowable residential
density on this or any associated property.
2. No dwelling unit shall be permitted within the area of this rezoning.
3. Approval of the restroom facility on the high ground "island" is subject to approval of local
and state pemuts for a septic system.
Ordered this 5th day of November, 2007
v ~____ [), {J~~
Z-871
2
Attest:
SlAP'Y.18.3
COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA
ORDER TO GRANT AN ADDENDUM
To Special Use Order for Case:
8-354, (8/93); modification 10/07
This order supplements and amends a special use pemlit originally issued September 7, 1993
for a Community Boating Facility (14 slips) at Windchase Subdivision. The County
Commissioners, having held a public hearing on Novernber 5,2007 to consider approval of a
proposal to add 4 boat slips to serve 4 new lots added to the subdivision, and hearing all the
evidence presented, hereby make the following findings of fact:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set
forth in Section 71-1 and 72-37 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 Windchase Lane to Cabbage Inlet Lane to
Masonboro Sound Road, which is identified as an urban collector road on the 2030 Long
Range Transportation Plan with Level of Service B.
B. The landward portion ofthe project is within the City of Wilmington municipal boundary
because of annexation.
C. Public Water and Sewer serve the area.
D. Fire service will be provided by the City of Wilmington
E. Stormwater will be regulated by the City of Wilmington.
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 within the City's planning jurisdiction on the landward portion but the
waterbodies remain in the County's jurisdiction, so county rules apply to the boating
facility.
B. 'The existing facility had 14 slips for 14 lots. Four additional lots have been incorporated
into the subdivision. Tllis request would add 4 additional slips to serve those new lots.
C. Community Boating Facilities are allowed by Special Use Pemlit in the R-15 Residential
Zoning District.
D. Off-street parking will be acconilllodated at home sites in the subdivision.
E. A 10-foot pedestrian easement will be provided and conferred to each owner for access to
the community boating facility.
F. Applicant states that individual dock rights of waterfront lot owners will be prohibited by
restrictive covenants of the homeowners' association.
G. No commercial activities are proposed or allowed for the facility.
H. A CAMA pemJit will be required from the Division of Coastal Management
S-354, (8/93); modification 10/07
Page 1 of3
I. A variance was granted to this project by the Environmental Management Commission to
allow expansion of a marina (CAMA definition) in Outstanding Resource Waters
because the impact was deemed to be less than the alternative of a separate 1,000 foot
long pier with 4 slips to serve the 4 new lots.
4, It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
third general requirement listed in the Ordinance; namely that the use will not
substantially injure the value of adjoining or abutting property, or that the use is a public
necessity. In support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
A. No evidence has been presented at this time that the proposed use will injure the value of
adjoining or abutting property values.
B. Other private docks and community boating facilities are located along Whiskey Creek
and Masonboro Sound.
S, 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 Conservation.
B. The 2006 Joint Land Use Plan encourages recreational access to estuarine and public
trust waters.
C. The waters of Whiskey Creek are classified as SA (Shellfishing); HQW (High Quality
Waters) 303(d) impaired water quality. This facility is located outside the watershed in
the waters of Masonboro Sound ICWW
D. Surrounding land uses include single-family housing, some with docks and piers.
6. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT
IS ORDERED that the application for the Addendum to 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 and
all other local, state or federal rules that apply.
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 pennit shall become void and of no effect.
C. Other:
1. The following additional conditions shall apply:
a. COlmnunity boating facilities shall be designed and maintained without dredging
in any SA waters, Outstanding Resource Waters (ORW) or Primary Nursery Areas
(PNA).
b. Use of facilities will only be allowed by residents of the subdivision in which the
community boating facility is constructed and such use may not be transferred to a
non-resident or commercially let toa non-resident of the subdivision. .
S-354, (8/93); modification 10/07
Page 2 of3
c. Waterfront properties included within the subdivision are prohibited from
constructing private docks.
d. Community boating facilities are required to adhere to the following restrictions
and best management practices:
(1) Facility uses are limited to mooring, landing, and storage of boats.
(2) The number of boats maintained on the site may not exceed the number of
mooring slips permitted.
(3) No boat maintenance is permitted at any community boating facility.
(4) Exterior storage on the site is prohibited.
(5) No underwater hull cleaning is permitted.
(6) Manage boating activities to decrease turbidity and physical destruction of
shallow water habitat by restricting boater traffic in shallow water areas
(7) No impervious surfaces will be allowed in association with a community
boating facility.
Ordered this 5th day of November, 2007.
~;j~O.~
William A. Caster, Chainnan
Attest:
~\\~ l.~~Ah
Sheila L. Schult, Clerk to the Board
8-354, (8/93); modification 10/07
Page 3 of3
z(3/. 3. t\
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No.3
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED December 7,1981
CASE: Z-838, modified 11/07
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area No.3 is hereby amended by removing the
hereinafter described tracts from the R-20S Residential Zoning District and placing them
in the Conditional Use District CD(R-20) Classification for residential use, said land being
described as follows:
BEGINNING at a point in the southern boundary of Mason Landing Road (SR.
1404), a 60' public right-at-way; said point being located North 79044'28" East,
20.98 teet from the intersection with the northeastern boundary of Register Lane,
a 40' private right-of-way, recorded among the land records at the New Hanover
County Registry in Map Book 39, at Page 320; and running thence from the point
of beginning with the boundary of Mason Landing Road, North 79009'36" East,
270.74 feet to a point; thence leaving the right-of-way, South 51059'14" East,
96.43 feet to a point; thence South 52010'16" East, 346,94 feet to a point; thence
North 52049'57" East, 191.87 feet to a point in the southwestern boundary of
Deep Creek Run (S.R. 1406), a 45' public right-of-way; thence with that
boundary, South 46037'37" East, 23.11 feet to a point; thence South 41004'17"
East, 90.80 feet to a point; thence leaving the right-of-way, South 49016'42"
West, 180.07 feet to a point; thence South 41050'18" East, 334.76 feet to a point;
thence South 53050'36" West, 157.99 feet to a point; thence North 47025'11"
West, 328,70 feet to a point; thence North 57000'40" East, 2.50 feet to a point;
thence North 52059'20" West, 706.44 feet to the point and place of beginning,
containing 4.70 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.3 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.
Z-838M
Page 1 of2
Section 5. The County Commissioners find, in accordance with the provisions ofNCGS
l53A-34l, 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.
Adopted the 5th day of November, 2007.
v~o, ~
William A. Caster, Chairman
Attest:
~~\!~ ~ ~~~I*
Sheila L. Schult, Clerk to the Board
Z-838M
Page 2 of2
.:SLl P \V. 1<l?4-
COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA
ORDER TO ISSUE AN ADDENDUM
To Conditional Use CD(R-20) District Order for Case:
Z-838, (modified 11/07)
This order supplements and amends a special use permit associated with a conditional use
district CD(R-20), Case No. Z-838, originally issued 2006 for a perfonnance residential
conununity and marina at or near 2029 Deep Creek Run Rd. (formerly Turner Nursery Rd.)
A hearing was held on November 5, 2007 to consider evidence to add 4.7 acres to the
performance residential portion of the companion site plan.
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 added property would be served by the southside treatment plant through the
NEI which is currently under moratorium. Private sewer and private water will
be provided by the developer.
B. The property to be added is not in the 1 OO-year floodplain.
C. Access to the property is from Mason Landing Road via Middle Sound Loop
Road. A new road called Nautica Yacht Club Drive will provide additional
access to Mason Landing Road.
D. Fire service is available from the Ogden Fire Department.
E. The applicant stated that each property within the subdivision will be served by a
wet slip within the marina approved under Special Use permit S-556.
F. Applicant stated that if the ramp were allowed to remain in place for emergency
purposes only, it could rernain chained except when used for those purposes,
3. It is the County Conmussioners' 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 modified site plan shows a total of 34 residential units, the maximum number
allowed if the entire 4.7 acre site were R-20S could be 35 units.
B. The proposal increases the overall project area by 4.7 acres or about 40%.
C. The amount of recreational space (common area) for the combined proj ectexceeds the
requirements of the ordinance.
D. The amount of impervious surface is shown at the maximum of25%.
E. The parking requirement is satisfied.
F. Additional buffering along the southern boundary toward Register Place Subdivision will
be provided.
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
Z-838M, 11/07
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 at the time ofthese preliminary findings that this project
will decrease property values of commercial uses nearby.
B. The land use on this new addition has been primarily vacant land within a Residential R-
20S zoning district.
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 2005 CAMA update identifies the additional area as Watershed Resource Protection
B. Residential development at the proposed R-20 density occurs mainly in the surrounding
area. The existing R-20S is established to foster an "exurban, low density lifestyle" where
public services are not available.
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:
2. The project is subject to all federal, state and local requirements.
3. The following operating rules shall apply to the Marina:
A. General hours of marina operation shall be 6:30 am to 9:30 prn Sunday through
Thursday and 6:30 am to 10:30 pm Friday & Saturday. Boats shall only
occasionally be permitted to depart frorn and arrive at the rnarina outside of these
general hours of operation.
B. The jetty shall only be used for vehicular parking when residents and their guests
are accessing or using the boat slips and not for club activities or special events.
No boat trailers or storage shall be allowed on the jetty except during
emergencies as stated below.
C. Owners, their guests and the public may use the boat ramp to evacuate boats
from area waters during emergency situations. Federal, State and local
authorities may use the boat ramp to launch and evacuate boats during
emergency situations. Any such evacuated boats and/or trailers may not be
parked or stored on the jetty.
D. Persons shall not be permitted to live on board boats at the marina for a period
greater than seven (7) consecutive days.
E. The use of the marina facilities shall be restricted to owners, their guests and
invitees.
Z-838M, 11/07
F. No outside arnplified paging or music system shall be utilized at the clubhouse or
Marina complex except that live bands/music may be permitted at special events,
no later than 10:30 p.m.
G. The jetty shall be enclosed with a timber railing system on the north and south
sides.
H. Indirect security lighting shall be permitted, but no pole lighting shall be allowed.
Ordered this 5th day of November, 2007.
~' \\\
u,\r. ~ ~('t\\A\*
Sheila . Schult
Clerk to the Board
1J~Q,~
William A. Caster, Chairman
Attest:
Z-838M, 11107