2008-02-04 RM ExhibitsX P~ 3!. 4. 1
AGENDA: February 4, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-81
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina that
the following Budget Amendment 2008-81 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Mason Inlet Maintenance beginning October 2007
Department: Mason Inlet Capital Project
Revenue: Decrease Increase
Transfer in from Room Occu anc Tax Fund $127,230
Total $127 230
Ex enditure: Decrease Increase
Ca ital Project Ex ense $127,230
Total $127 230
Section 1: Details of Budget Amendment:
Fund: Room Occupancy Tax Fund
Department: Room Occupancy Tax
Revenue: Decrease Increase
Room Occu anc Tax A ro riated Fund Balance $127,230
Total $127 230
Ex enditure: Decrease Increase
Transfer to Ca ital Project-Fund 361 $127,230
Total $127 230
Section 2: Explanation
This budget amendment is to increase the Mason Inlet Maintenance beginning October 2007 budget for
Contract Renewal for the Engineering and Surveying Services for Year 6. The contract renewal was
approved at the November 19, 2007, meeting. As of February 4, 2008, the Room Occupancy Tax
Appropriated Fund Balance is zero.
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 2008-81 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted.
Adopted, this 4`h day of February, 2008
Robert G. Greer, Chairman
ATTEST:
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Sheila L. Sc ult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
HUMAN RELATIONS MONTH
PROCLAMATION
WHEREAS, the New Hanover Human Relations Commission, the Greater
Wilmington Chamber of Commerce, and the Friends of Human Relations are sponsoring
Human Relations Month; and
WHEREAS, the theme for Human Relations Month is, "In Our Diversity, We Are
The Same!'; and
WHEREAS, the Board of Commissioners encourages all citizens to respect and
work to establish equal rights for all persons regardless of race, color, sex, religion, age,
disability, or familial status; and
WHEREAS, through practicing the principles of Human Relations Month on an every
day basis, we help to preserve, protect, and perpetuate the rights of each person to
freedom, liberty, and justice.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that February 2008 be recognized as "HUMAN RELATIONS MONTH" in
New Hanover County and that all citizens are called upon to sincerely join forces in
creating and practicing a mutual bond of fellowship with all citizens and resolve to accept a
personal challenge to improve the status of all people through assurance of the basic
human rights of justice, freedom, and dignity.
ADOPTED this the 4t" day of February, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
Sheila L. Schutt, Glerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 1 75 WILMINGTON, NC 28403
(910) 798-7149 • (910) 798-7145 FAX • www.NH000V.COM
Robert G. Greer, Chairman • William A. Caster, Vice-Chairman !~ ~ ~' • `
Ted Davis, Jr., Commissioner ~ William A. Kopp, Jr., Commissioner • Nancy H. Pritchett, Commissioner
Sheila L. Schult, Clerk to the Board
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
IN SUPPORT OF A NORTH CAROLINA WATERFRONT ACCESS AND MARINE INDUSTRY
(WAMI) FUND GRANT APPLICATION FOR NEW HANOVER COUNTY
SEABREEZE ACCESS PROJECT
WHEREAS, in accordance with its CAMA Land Use Plan and Master Plan for Parks and Recreation,
the County has a documented need for access to its unique coastal environment; and
WHEREAS, the Board of Commissioners desires to improve access to its surface waters for
waterfront access, commercial fishing and water dependent recreational activities; and
WHEREAS, the Board of Commissioners authorizes the submittal of a grant application to the North
Carolina Division of Marine Fisheries requesting funds in the amount of approximately $4,000,000
to acquire land, design and develop the Seabreeze Waterfront Access Project; and
WHEREAS, the County will transfer ownership of land to the Wildlife Resources Commission upon
acquisition; and
WHEREAS, the County will assume responsibility for the operation and maintenance of the facility
once construction is complete.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners
authorizes staff to submit an application for funds to the Wildlife Resources Commission Fisheries
for a grant from the North Carolina Waterfront Access and Marine Industry fund to purchase and
develop a waterfront access site in the Seabreeze area of New Hanover County.
ADOPTED this the 4th day of February, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST:
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Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 1 75 WILMINGTON, NC 28403
(910) 798-7149 • (9 1 01 798-7 1 45F.4X • vrww.rvHCGOV.coM
Robert G. Greer, Chairman • William A. Caster, Vice-Chairman
Ted Davis, Jr., Commissioner• William A. Kopp, Jr., Commissioner• Nancy H. Pritchett, Commissioner
Sheila L. Schutt, Clerk to the Board
RESOLUTION
OF THE
NEW HANVOER COUNTY BOARD OF COMMISSIONERS
ENCOURAGING THE DEVELOPMENT OF A COLLECTOR STREET PLAN
FOR AREAS IN SOUTHERN NEW HANOVER COUNTY
WHEREAS, New Hanover County is dedicated to promoting safe and efficient transportation choices; and
WHEREAS, the Wilmington Urban Area Metropolitan Planning Organization provides transportation planning services for
the City of Wilmington, Town of Carolina Beach, Town of Kure Beach, Town of Wrightsville Beach, Town of Belville, Town
of Leland, Town of Navassa, New Hanover County, Brunswick County, Pender County, Cape Fear Public Transportation
Authority and the NC Board of Transportation; and
WHEREAS, with the development that has occurred and is expected to continue in southern New Hanover County, traffic
congestion has become an important issue for citizens, businesses and visitors to the region; and
WHEREAS, the North Carolina Department of Transportation installed a concrete monolithic island approximately 1,100
feet in length from the intersection of College Road and Piner Road to restrict access on Piner Road; and
WHEREAS, this transportation improvement has resulted in increased interest and concern for traffic and transportation
planning in the vicinity of Monkey Junction; and
WHEREAS, the North Carolina Department of Transportation has requested the Wilmington Metropolitan Planning
Organization and New Hanover County to design a collector street plan to consider frontage roads and/or collector
streets providing improved access to existing businesses and vacant properties on Piner Road and along Carolina Beach
and College Roads; and
WHEREAS, the Wilmington Metropolitan Planning Organization, in cooperation with New Hanover County and North
Carolina Department of Transportation, has completed a draft collector street map for College, Carolina Beach and Piner
Roads recommending interconnectivity between existing and proposed developments; and
WHEREAS, the Wilmington Metropolitan Planning Organization and the New Hanover County Planning Department
desire to hold public meetings to receive comments and suggestions on the draft map; and
WHEREAS, the Wilmington Metropolitan Planning Organization's Transportation Advisory Committee recommends
completion of this planning effort.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners encourages the
Wilmington Metropolitan Planning Organization and the New Hanover County Planning Department to develop a collector
street plan for areas between the southern city limit and the Veteran's Park property in southern New Hanover County.
ADOPTED this the 4th day of February, 2008.
NEW HANOVER COUNTY
Robert G. Greer, Chairman
ATTEST: ~ ~\\\\\
Sheila L. Schutt, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 - WILMINGTON, NC 28403
(910) 798-7149 ~ (910> 798-7145 FAX ~ www.NH000V.COM
Robert G. Greer, Chairman • William A. Caster, Vice-Chairman
Ted Davis, Jr., Commissioner• William A. Kopp, Jr., Commissioner• Nancy H. Pritchett, Commissioner
Sheila L. Schult, Clerk to the Board
PROJECT ORDINANCE
SOUTHEASTERN CENTER FOR MENTAL HEALTH ADMINISTRATION BUILDING AND
NEW HANOVER COUNTY HEALTH DEPARTMENT FACILITY
BE IT ORDAINED, by the Board of Commissioners of New Hanover County:
1. New Hanover County (County) is engaged in the Construction of the Southeastern Center for Mental Health
Administration Building and the New Hanover County Health Department Facility, 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 159-13.2, such ordinance to authorize all appropriations necessary forthe completion
of said project.
3. This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury Regulations to expressly
declare the official intent of the County to reimburse itself from the proceeds of debt to be hereinafter incurred
by the County for certain expenditures paid by the County on or after the date which is sixty (60) days prior to
the date hereof.
4. The County desires to expend its own funds for the purpose of paying certain costs of the project, for which
expenditures the County reasonably expects to reimburse itself from the proceeds of debt to be incurred by the
County.
NOW, THEREFORE, WITNESSETH THAT:
1. This project ordinance is adopted pursuant to North Carolina General Statute 159-13.2.
2. The project undertaken pursuant to this ordinance is the Construction of Southeastern Center for Mental Health
Administration Building and the New Hanover County Health Department Facility Capital Project, which project
is herewith authorized.
3. The revenue that will finance said project is:
Contribution from SEMH $5,000,000
Installment Debt $17,946,195
Total $22 946 195
4. The following appropriations necessary for the project are herewith made from the revenue listed above:
Capital Project Expense $22,946,195
Total $22,46,195
5. This project 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 finance and budget offices in New Hanover
County, and with the Clerk to the Board of Commissioners of New Hanover County.
ADOPTED this the 4ih day of February, 2008.
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Robert G. Greer, Chairman
ATTEST:
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Sheila L. Schult, Clerk to the Board
AGENDA: February 4, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-82
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina that
the following Budget Amendment 2008-82 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Southeastern Center for Mental Health Administration Building
Department: Finance
Revenue: Decrease Increase
Contribution from SEMH $5,000,000
Installment Loan Proceeds 17,946,195
Total $22 946 195
Ex enditure: Decrease Increase
Ca ital Pro'ect Ex ense $22,946,195
Total $22 946 195
Section 2: Explanation
The budget amendment is to establish the project for Southeastern Center for Mental Health
Administration Building and the New Hanover County Health Department Facility in the amount
of $22,946,195.
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 2008-82 amending the annual
budget ordinance for the fiscal year ending June 30, 2008, is adopted. Furthermore, pursuant to Section
1.150-2 of the Treasury Regulations, the County may reimburse itself from the proceeds of any future debt
to be hereinafter incurred by the County for this project.
Adopted, this 4`h day of February, 2008
Robert G. Greer, Chairman
ATTEST:
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Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMiSSiONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 - WILMINGTON, NC 28403
(910) 798-7149 ~ (910) 798-7145 FAX ~ WWW.NH000V.COM
Robert G. Greer, Chairman ~ William A. Caster, Vice-Chairman
Ted Davis, Jr., Commissioner• William A. Kopp, Jr., Commissioner Nancy H. Pritchett, Commissioner
Sheila L. Schutt, Clerk to the Board
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, on June 21, 1999, the Board adopted a preliminary assessment resolution for the Mason Inlet
Management Project, and on December 2, 2002, confirmed the final assessment roll, authorizing collection of
the initial construction costs; and
WHEREAS, in compliance with the conditions of the U. S. Corps of Engineers permit authorizing the project,
operational and maintenance costs in the amount of $2,817,524.00 have been incurred but not yet assessed
for the period from July 12, 1999 to September 24, 2007; and
WHEREAS, NCGS 153A-204.1 directs that such operation and maintenance costs are to be levied on the
same basis as the original assessment; and
WHEREAS, NCGS 153-204.1 requires that the Board first determine the amount of the operational and
maintenance cost, considering actual costs of operating and maintaining the project together with such
expenses as necessary legal services, interest costs, mailing and publication costs; and
WHEREAS, the County is thereafter required to prepare a preliminary assessment roll for the operational and
maintenance costs, listing parcels to be assessed, fee basis, costs for each owner and proposed payment
terms, and also to produce a project map showing parcels of record; and
WHEREAS, the Board of Commissioners is to set the date for a public hearing to annul, modify or confirm the
assessments.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that
1. The operational and maintenance costs for the project for the period from June 12, 1999 to
September 24, 2007, to now be assessed are $2,817,524.00.
2. County staff is directed to prepare a preliminary assessment roll and a project map, to mail to each
owner a Notice of Hearing, and to prepare and publish all required notices.
3. A public hearing to consider the preliminary assessment roll for operational and maintenance costs is
set for March 10, 2008 at 1:00 p.m., or thereafter, at the New Hanover County Historic Courthouse,
24 North Third Street, Room 301, in Wilmington, North Carolina, 28401.
ADOPTED this the 4th day of February, 2008.
NEW H VER COUNTY
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Robert G. Greer, Chairman
ATTEST:
Sheila L. Schutt, Clerk to the Board
AN ORDINANCE OF THE COUNTY OF NEW HANO~'ER
AMENDING THE ZONING MAP OF ZONING AREA No. 8B
OF NEW H ANOVER COUNTY, NORTH CAROLINA
ADOPTED July 7, 1972 (Area SB)
CASE: Z-877, Q1/08
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 from the R-15 Residential District and placing it in the B-1
Neighborhood Business Zoning District, said lands being described as follows:
Being all of the land described in DB 1462 PG 1845, said tl-act being located in Harnett
Township, New Hanover County, North Carolina, bounded on the northeast by Denise H. Miller,
DB 4674 PG 832, on the southeast by Porter's Neck Center, Inc., DB 4002 PG 667, on the
southwest by Gray Property 2205, LLC, DB 4935 PG 1814, and on the northwest by ACI-Pine
Ridge, LLC, DB 5201 PG 254, and being more particularly described on a survey performed. by
Main Street Sez-~~ices PLLC, Project X7015, dated October 23, 2007, tied. to NC grid I~zAD '83. A
metes and. bounds description taken from this survey is as follows:
Beginning at an iron found having NC grid coordinates ofN=202,415.44 feet, E=2,364,956.64 feet;
thence with Porter's Neclc Center, Inc. DB 4002 PG 667, S 66°32'31" W a distance of 262.36 feet
to an iron fouz~d; thence with Gray Property 2205, LLC, DB 4935 PG 1814, N 62°57'14" W a
distance of 301.25 feet to an iron found; thence with ACI-Pine Ridge, LLC, DB X201 PG 254, N
66°39'33" E a distance of 262.82 feet to an iron found, said iron having NC grid coordinates of
N=202;552.11 feet, E=2,364,688.98 feet, said iron being located S 3G °27'20"W 183.43 feet from
an iron found.; thence with Denise H. Miller DB 4674 PG 832, S 62°57'03" E a distance of 300.54
.feet to an iron found; which is the point of beginning, having an area of 1.399 acres by coordinate
computation.
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And being the same property as was conveyed or intended to be conveyed to Charles David
Atkinson by deed recorded in Book 1462, Page 1:845, New Hanover County Registzy;
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Together with all right, title and interest of the Grantor in and. to access easements} to the above
described property as described and contained itt that certain Release and Substitution of
Easement dated May 7, 1996 and filed in Book 2028 at Page 14 of the New Hanover County
Registry. Grantor assigns tulto Grantee all of Grantor's rights contained in that certain Release
and Substitution of Easement recorded in Book 2028, Page 14, New Hanover County Registry.
'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. 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.
Z-877
Page 1 of 2
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.
Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A-
341, that this zoning map amendment of 1.39 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 of acreage currently
surrounded by commercial zoning fiom residential to commercial zoning
classification.
Adopted the 4t1i day of February, 2008.
Attest:
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Sheila L. Schult; Clerk to the Board
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Robert G. Greer, ChairnZan
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AN ORDINANCE OF THE COUNTY OF NEVI' HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No. 8B
OF NEW HANO~'ER COUNTY, NORTH CAROLINA
ADOPTED July 7, 1972 (Area 8B)
CASE: Z-878, Ol/08
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 from the AR Airport Residential and R-15 Residential District and
placing it in a Conditional District CD (I-1) Industrial District for the purposes of boat and RV
camper storage, said lands being described as follows:
A tract of land in Harnett Township in New Hanover County, North Carolina, which is part
of Tracts 2 and 3 of Sherman Farms Subdivision, having tax parcel identification numbers 803404-
003-005-000 and 803400-003-005-001 as more particularly described as follows:
BEGINNING at a point in west line of a 20 foot road, the Northeastern corner of a tract of land
described in deed recorded in Book 407, Page 140 in the New Hanover County Registry, being
located North 32 degrees 13 minutes 53 seconds East 808.87 feet from the intersection of said west
line with (he north line of Gordon Road (S.R. #1327 a 60 foot right of way) which is located North
87 degrees 54 minutes West 643.23 feet from the intersection of said north line with the west line
of Bri erwood Road (a 60 fact right of way} as shown on that map of Brierwood recorded in Map
Book 16, Page 21 of the New Hanover County Registry; running thence from said beginning point
North 57 degrees 47 minutes 19 seconds West 150.15 feet to a point; thence, South 32 degrees 14
minutes 26 seconds West 200.01 feet to a point; thence, North 57 degrees 53 minutes 34 seconds
West 155.32 feet to a point in the dividing line between Lots 3 and 4 as shown on that map of
Sherman Farms dated May 1946, and prepared by W. K. Alien; thence ,along said dividing line
North 10 degrees, 35 minutes 21 seconds East 297.78 feet to a point; thence, North 87 degrees 38
minutes 40 seconds East 504.49 feet to a point in the West line of said 20 foot road; thence, along
said west line South 32 degrees 13 minutes 53 seconds West 362.76 feet to the point of
BEGINNING, containing 2.96 acres more or less, and being parts of Lots 2 and 3 of said Sherman
Farms.
Together with a 20 feet Access easement. over and along said 20 foot road along and to the east of
the east line of the above described tract and extending to the north line of Gordon Road, as the said
road is shown on that plat of Sherman Farms referred to above. Being the same lands described in
deeds in Book 892, Page 516 and in Book 1427 at Page 187 in New Hanover County Registry.
Section 2. The County Clerk is hereby authorized and directed ui7der the super~~ision 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 v,~ith 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 iu the interest of public health; safety, morals and general
Z-878
Paae 1 of 2
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.
Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A-
341, that this zoning neap amendment of 2.96 acres fiom AR-Airport Residential and R-15
Residential district to CD(I-1) conditional district 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 il~terest to allow a addition of acreage outside the flood
plain to ail existing conditional industrial district for storage ofboats and RVs under
the terms and conditions outlined in a companion special use permit bearing the same
case number.
Adopted the 4`'' day of February, 2008.
~~ ~~
Robert G. Greer; Chairman
Attest:
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Sheila L. Schult, Clerk to the Board ~w~/~~'~
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Page 2 of 2
,Sup aV. 19.1
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For Outside Boat and RV Storage in CD(I-1) Zoning District
Z-878, 1/08
The County Comn-ussioners for New Hanover County having held a public hearing on Feb1-uary 4, 2007
to consider application number Z-878 submitted on behalf of owner James & Melissa Vass for a.special
use permit to locate a outside boat and RV storage in a CD(I-1) Conditional District approved under
companion rezoning action, said proposal being located adjacent to 2010 Capital Drive in the Murrayville
Station Business Park on Tax Parcel R03400-003-005-000, and having heard all of the evidence and
arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following
CONCLUSIONS:
L The County Comrlussioners 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 Colnnussioners.
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.
111 support of this conclusion, the Comnussioners make the following FINDINGS OF FACT:
A. The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as
providing for future intensive urban development on lands that have been or will be provided
with necessary urban services. The location of these areas is based upon land use planning
policies requiring optimum efficiency inland utilization and public service delivery.
B. The proposal is consistent with the policies relating to industrial use.
C. Public utilities are available in the area.
D. Access to the proposed expansion will be restricted by an existing security gate from Capital
Drive. No access will be from Gordon Road.
E. Capital Drive is a local street serving only the Murrayville Station business park.
F. Fire Service is provided by VJrightsboro VFD.
G. The property is not located in a flood hazard area
H. Stornzwater control is subject to the requirements of the County's stonl~water ordinance and
will be accommodated on site.
It is the County Conuzussioners' 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 Conlnussioners make the following FINDINGS OF
FACT:
A. The property is zoned AR-Airport Residential and R-15 Residential District. This request
is made concun~ent with conditional rezoning to CD (I-1) Conditional District for
industrial use.
B. Petitioner proposes 135 outdoor storage spaces on the subject property. No buildings are
proposed.
C. Traffic circulation is not applicable since this site is accessed via the existing storage
operation by a security gate.
D. Drive. aisles exceed the general width standard in order to acconunodate maneuvering of
boats and RVs.
E. A traffic impact analysis is not required.
Z-878
l+. A vegetative buffer will be added as required by the ordinance.
G. All existing regulated trees will remain on the site. .
4. It is the County Conu~u~ssioners' 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 Comnussioners make the following FINDINGS OF FACT:
A. No evidence has been submitted that this project will decrease property values of adjacent
parcels.
B. Outside storage will be located only within an exist>llg fenced area, thus providing an
extended buffer from surrounding residential zoning districts.
It is the County Comn-lissioners' 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 subntted and approved will be in harnlony v~~ith the area in which
it is to be located and in general conformity with the plan of development for New Hanover county.
Ill support of this conclusion, the Conunissioners make the following FINDINGS OF FACT:
A. The 2006 Update of the Joint CAMA Plan describes the purpose of the Transition class as
providing for future intensive urban development on lands that have been or will be provided
with necessary urban services. The location of these areas is based upon land use planning
policies requiring optimum efficiency inland utilization and. public service delivery.
B. The proposal is consistent with the policies relating to industrial use.
6. Therefore, because the County Conunissioners 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 conditional rezoning and limitations of the attached site plan and Section 69.4 of the
zoning ordinance and the following additional 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. In accordance with Section 59.7-6(1) of the ordinance, a building permit must be
issued within 24 months of approval or the action will be revoked
C. 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
pernut shall become void and of no effect.
Ordered this 4th day of February, 2008
/ r .J
Robert G. Greer, Chaii717an
Attest:
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Sheila L. Schult, Clerk to the Board
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Z-878
COUNTI' OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Child Daycare Facility up to 60 children in an R-1~ Residential Zoning District
5-580, O1/O8
The County Commissioners for New Hanover County having held a public hearing on February 4, 2008
to consider application number S-580 submitted by Vicki Broussard for a special use permit to locate a
Child Daycare Facility in a R-1 S Residential District at 440 Horn 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: - V
The County Comnussioners FIND AS A FACT that all of the specific requirements set forth in
Sections 71-1 and 72-20 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. Private water and septic serves the property.
B. The property accesses Carolina Beach Road, an identified arterial, by Horn Road a local
street. -
C. Level of Service on Carolina Beach Road is rated as E, meaning the road is operating at
capacity.
D. Traffic Impact Analysis is not required because peak hour trips are estimated at about 6~
trips. The threshold for TIA is 100 peak hour trips.
E. Fire Service is available from the Myrtle Grove. Fire Department.
F. The property is not located in a flood hazard area.
G. The proposed facility is an existing building historically used as a church.
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 followingFINDINGS OF
FACT:
A. The property is zoned R-15 Residential.
B. Off-street parking requirements exceed the requirements of Article VIII of the New Hanover
County Zoning Ordinance.
C. Applicant acknowledges that the play area must be enclosed by a fence with a minimum
height of four feet. The site plan shows a play area to the ~~est of the building.
D. The day care will be licensed by the State of North Carolina.
E. In accordance with Section 72-20 no outside signs in excess of 2 sq. ft. shall be permitted.
F. All other local, state and. federal requirements must be met.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third
Qeneral requirement listed in the Ordinance; namely that the use will not substantially injure flee value
5-~79. 09/07
of adjoining or abutting property, or that the use is a public necessity. hl support of this conclusion,
the Commssioners make the following FINDINGS OF FACT:
A. Child care facilities e~:ist in other residential districts in New Hanover County. The applicant
has been operating a home daycare in the neighborhood for several years.
B. No evidence has been submitted that this project will decrease property values of residents
who live nearby.
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 Update identifies this area as Urban.
B. Policies in the 2006 Land Use Plan do not specifically address daycare needs.
C. Staff finds that these findings are positive and does not recommend conditions.
6. Therefore, because the County Cornsnissioners 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 GRAI~TTED subject to the attached
site plan and the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance
for the proposed use, as well as any additional conditions hereinafter stated and all other state or
federal requirements.
B. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this permit
shall become void and of no effect.
Ordered this 4t'' day of February, 2008
Robert G. Greer, Chairman
Attest:
o ',~
Sheila L. Schuh, Clerk to the Board ~ o
-, C
~'~Ani~
S-579. 09/07