HomeMy WebLinkAbout2008-08-04 RM ExhibitsX (~ 31.1(...1
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description: Morrow Drive in Kirkwood at Arrondale Subdivision in New Hanover
County (Division File No. 1123-N)
WHEREAS, a petition has been filed with the Board of County Commissioners of the County o f New
Hanover requesting that the above described road(s), the location of which has been indicated on a map, be
added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s)
should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established
by the Division of Highways of the Department of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County ofNewHanoverthat
the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s)
for maintenance if they meet established standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 4t'` day of Au ,gust , 2008.
WITNESS my hand and official seal this the ~~` day of
T~~~`~ , 2008.
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.~ _ c Sheila L. Schult, Clerk to the Board
3, , ' ` ~, ~ New Hanover County Board of Commissioners
Foam SR-2
Please Note: Forward directly to the Distract Engineer, Division of Highways.
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AGENDA: August 4, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2008 BUDGET
BY BUDGET AMENDMENT 2008-133
BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that
the following Budget Amendment 2008-133 be made to the annual budget ordinance for the fiscal year
ending June 30, 2008.
Section 1: Details of Budget Amendment:
Fund: Scattered Site Housing-Grant 3
Department: Finance
Ex enditure: Decrease Increase
Ca ital Pro'ect Ex ense $1 785
Transfer to General Fund Plannin $1 785
Total $1 785 $1 785
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Planning
Ex enditure: Decrease Increase
Tem ors Salaries $1,658
FICA 127
Total $1 785
Revenue: Decrease Increase
Transfer from Ca ital Pro' ects-Scattered Site Housin $1,785
Total $1 785
Section 2: Explanation
This budget amendment is to transfer funds from Scattered Site Housing (Fund 390) into
Planning's budget for temporary salaries and FICA incurred by interns working on this project.
This is for quarter ending June 30, 2008.
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 2008-133, amending the
annual budget ordinance for the fiscal year ending June 30, 2008, is adopted.
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Robert G. Greer, Chairman
~~31.IV.3
AGENDA: August 4, 2008
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-005
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-005 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriff's Office/Detectives
Ex enditure: Decrease Increase
Detectives:
Sala $33,832
FICA 2,588
Retirement-Local Government 1,654
Medical Insurance 8 813
LTD Insurance 95
Contracted Services 72,852
Cellular Ex ense 1,000
Su lies 8,500
Su lies - Com uter & Other 2 000
Em to ee Reimbursement 2,000
Non-De artmental:
Contin encies $25 000
Total $25 000 $133 334
Revenue: Decrease Increase
Detectives:
Governor's Crime Commission $100,001
Contribution from Ci of Wilmin ton 8,333
Total $108 334
Section 2: Explanation
To budget a Governor's Crime Commission (GCC) grant award for a Collaborative Gang Task Force Effort
Project. Total project budget is $133,334: $100,000.50 federal, with $33,333.50 local match shared as
follows: New Hanover County, $25,000, and City of Wilmington, $8,333. This is the first year award of a
two year grant. The full grant application was approved by the Board of Commissioners on April 21, 2008,
for submittal to the Governor's Crime Commission. The County's share of the local match requirement was
approved to be budgeted from General Fund Contingency funds.
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
County, North Carolina, that the Ordinance for Budget Amendment 09-005, amending the annual
r 'nance for the fiscal year ending June 30, 2009, is adopted.
ted, this ~~ day of ~ c ~, J~s __, 2008.
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Robert G. Greer, Chairman
Sheila L. Schutt, Clerk to the Boar
~~
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS.
RESOLUTION
Honoring Lucie F. Harrell
Retired Clerk to the Board of County Commissioners
~~
WHEREAS, Lucie Fryar Harrell was appointed Clerk to the New Hanover County Board of
Commissioners, December 6, 1982 and served honorably and devotedly until her retirement
April 1, 2004; and
WHEREAS, during her long career as Clerk to the Board, she wrote an historical account of
board meetings and filled eleven volumes of minute books of approximately 11,250 pages and
faithfully worked with twenty-one Commissioners and three County Managers; and
WHEREAS, in the office of the Clerk to the Board, she provided an essential link between the
citizens and county government as well as to other governmental agencies, exemplifying her
love and compassion for others; and
WHEREAS, Lucie F. Harrell served on the Board of Directors of the North Carolina Association
of County Clerks and served as its President in 1986-1987, and ardently mentored clerks in
their profession throughout the years; and
WHEREAS, Lucie F. Harrell was the first recipient of the Howard Holly Outstanding Clerk of
the Year Award for the State of North Carolina in 1987; and
WHEREAS, during her tenure as Clerk, she worked as an advocate for the elderly in nursing
homes and served as a member of the Elder Rights Planning Committee for the Raising Older
Adult Rights (R.O.A.R.) Project, an initiative of the North Carolina Division of Aging and Adult
Services in 1997-1998, and received special recognition from Elderhaus, Wilmington's Adult
Day Care Center, in 2000 for her professionalism.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners,
that Conference Room 601 of the New Hanover County Government Center be named in honor
of Lucie F. Harrell in special recognition of her exemplary dedication to New Hanover County
and its people.
ADOPTED, this the 4~ day of August, 2008.
~~~
Robert G. Greer, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
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X-33t.1~.S'
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED
OCTOBER 6, 2969, UPDATED APRIL 2008
A-372 (6/08)
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 read as follows in the section(s) noted:
72-31 (6) Dry stack storage as an accessory to a marina maybe allowed in a residential or B-1
zoning district. Dry stack storage must be clearly identified on the approved site plan and
described in the findings of fact. Additional buffers or screenings will be required to
mitigate noise, light and dust impacts on surrounding properties. (1/7/08)
a. Setbacks for dry stack storage from any residential property line shall be
not less than 2.75 times the height of the structure if enclosed or the highest point
of a stored vessel if unenclosed. (1/7/08) In no case may the setback be less than
the requirements of the underlying zoning district.
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 20061and
use plan, reasonable and in the public interest to protect residential areas from negative effects of
dry stack storage associated with marinas allowed under special use permits.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and general
welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full
force and effect from and after its adoption.
Adopted the 4th day of August, 2008
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Robert G. Greer, Chairman
Attest:
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Sheila L. Schult, Clerk to the Board
A-3 72
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AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED
OCTOBER 6, 1969, UPDATED APRIL 2008
A-373 (7/08)
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section l . The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as
amended be and the same is hereby further amended to read as follows in the section(s) noted:
New wording is underlined. Deleted language is struck through.
CONSERVATION OVERLAY DISTRICT
59.4-2: Applicability -The development and improvement of property, including the subd-i-v~sien
division of land, shall be subject to these performance controls if the parcel of record is located
wholly or partially within a COD and if conservation resources, as specified in Section 59.4-3
are associated with the parcel on record as of December 1, 1984, the effective date of this
ordinance. However, the following uses on lots of record as of December 1, 1984 shall be
exempted from these controls:
(1) The development of one single family home detached structure, one residential duplex, or
the location of two or fewer mobile homes on a parcel or lot of record as of December 1,
1984.
(2) Commercial, industrial, office or institutional development on lots of record as of
December 1. 1984 and involving a land disturbance of less than 1 (one) acre in area.
(3) The development or subd~isien division of a parcel of record as of December 1, 1984
that meets both of the following conditions:
(A) No part of the development or subdivision shall be located within
a distance equal to or less than the setback distance (specified in
Section 59.4-5) of any conservation resource or space existing on the
parcel or on a contiguous parcel of record.
(B) No part of the development or subdivision shall be located on any
portion of the parcel that is part of the upper drainage basin for any
conservation resource or space on the parcel or within the specified
setback on a contiguous parcel of record.
Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the
extent of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in accordance with NCGS 153A-341 and the board of
commissioners has found the amendment consistent with the policies adopted in the 2006 land
use plan, reasonable and in the public interest to clarify the limitations of exemptions from
provisions of the Conservation Overlay District so that resources are not lost or damaged because
of loopholes or vagaries in the ordinance.
A-373
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 4t~' day of August, 2008.
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Robert G. Greer, Chairman
Attest:
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Sheila L. Schult, Clerk to the Board
A-3 73
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
In the Matter of Closing ORDER
A Portion of Old Winter Parl.-Wrightsboro Road
(also known as John Morris Road)
It appearing to the Board of County Commissioners of New Hanover County that a Resolution of
Intent to close a portion of Old Waiter Park Road located approximately 562 60 east of the
western right of way of North Kerr Avenue and the northwestern corner of John Morris Road
was adopted by the County Commissioners on the 16~' day of June 2008, and it further appearing
that said resolution called for a hearing to be held on the 4t'' day of August 2008, at which time
the County Commissioners would hear complaints and comments of interested persons, and it
further appearing that notice of said hearing was published in the Wilmington Star News
Newspaper in accordance with the Road Closing Ordinance of New Hanover County, and after
conducting such hearing the County Commissioners are of the opinion that a portion of Old
Winter Parlc-Wrightsboro Road in the County of New Hanover should be closed and are
satisfied that the closing of same is not contrary to the public interest, and that no individual
owning property in the vicinity of the roads will be deprived of reasonable means of ingress and
egress to his property by such closing, the legal description of said road being as follows along
with an attached exhibit:
Begiiuiing at a point approximately 562.60 feet East of the western right-of--way of North Kerr
Avenue and the northwestern corner of John Morris Road, thence from said point of the
beginning which is the northwestern corner of the Old Winter Park-Wrightsboro Road and Jolu1
Morris Road, ruimmg approximately 900 feet, North 3 degrees. 00 minutes west along the
eastern right-of--way of Old Winter Parl<-Wrightsboro Road (also known as John Morris Road),
which is the northwestern terminus of the eastern road right-of--way, thence 60 feet West to a
point at the northwestern terminus of the road, commencing from said point approximately 900
feet, southeast 7 degrees, 5 minutes to the western right-of--way limit of Old Winter Parlc-
Wrightsboro Road, thence from said point 60 feet East to the point of the beginning.
NOW. THEREFORE, IT IS ORDERED AND DECREED that the above described road be and
the same is hereby closed with the following conditions:
A 30' utility easement be placed on either side of the road as reconnnended b~~ the
Cape Fear Publc Utility Authority (CFPUA,
2 The Wilmington International Airport will be responsible m perpetuity for the
maintenance of the cemetery site lalow as Acorn Branch cemetery;
3. The Wilmington hnternational Airport will provide access to the cemetery during
daylight Hours, Monday through Sunday and maintail~ a cemetery visitor log
indicating response times and;
4. The Wilmington International Airport shall enclose the cemetery with a
permanent fence with access.
It is further ORDERED that a copy of this order be filed in the Office of the Register of Deeds of
New Hanover County, North Carolina.
Adopted this the 4t~' day of August, 2008.
~-
Robert G. Greer, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
In the Matter of Closing
A Portion of Point Harbor Road (SR 1492)
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
ORDER
It appearing to the Board of County Commissioners of New Hanover County that a Resolution of
Intent to close a portion of Point Harbor Road located near the western foot of the Isabel Holmes
Bridge was adopted by the County Commissioners on the T' day of July 2008, and it further
appearing that said resolution called for a hearing to be held on the 4t~' day of August 2008, at
which time the County Commissioners would hear. complaints and comments of interested
persons, and it further appearing that notice of said hearing was published in the Wilmington Star
News Newspaper in accordance with the Road Closing Ordinance of New Hanover County, and
after conducting such hearing the County Commissioners are of the opinion that a portion of
Point Harbor Road in the County of New Hanover should be closed and are satisfied that the
closing of same is not contrary to the public interest, and that no individual owning property in
the vicinity of the roads will be deprived of reasonable means of ingress and egress to his
property by such closing, the legal description of said road being as follows along with. an
attached exhibit:
Being a piece or portion of those lands contained within the right-of--way of Point Harbor Road
(SR 2142), a variable width public right-of--way; lying and situate in Cape Fear Township, New
Hanover County, North Carolina; and being more particularly described as follows:
Beginning at an iron pipe in the westerly right-of--way line of the said Point Harbor Road; said
iron pipe marking the northeasterly most corner of lands now or formally the property of Cape
Fear Marina Village, LLC, as recorded in DB 2716, Page 190; said point of beginning being also
a common corner with lands now or formally the property of Old Wilmington Shipyard, LLC as
recorded in DB 5040, Page 2249, all in the New Hanover County Registry; thence from the point
of beginning with the line of the said Old Wilmington Shipyard, LLC and with the right-of--way
of Point Harbor Road the following three (3) courses and distances:
South 76 degrees, 41 minutes, 42 seconds East 80.07 feet to an iron pipe; thence, South 5
degrees, 45 minutes, 39 seconds West 180.33 feet to an iron pipe; thence, South 1 degree, 25
minutes, 2 seconds East 488.87 feet to an iron pipe marking the southwesterly most corner of the
aforesaid Wilmington Shipyard, LLC ;said iron pipe being also a common corner with lands
now or formally the property of Harold D. Roderick as recorded in DB 1024, Page 920 in the
New Hanover County Registry; thence, crossing the right-of--way of Point Harbor Road North 81
degrees, 13 minutes, 24 seconds West 82.22 feet to a point; thence, North 0 degrees, 0 minutes, 5
seconds West 92.08 feet to a point; thence, with a curve to the left whose cord bearing and
distance are North 9 degrees, 57 minutes, 38 seconds West 74.73 with an acr length of 75.03
feet, radius 242 feet and delta angle of 17 degrees, 45 minutes; 50 seconds; thence, North 18
degrees, SO minutes, 33 seconds West 126.21 feet to an "x" marked in concrete; the
southwesterly most corner of the aforesaid Cape Fear Marina Village, LLC; thence, with the line
of Cape Fear Marina Village, LLC and with the right-of way of Point Harbor Road the
following tluee (3) courses and distances:
North 82 degrees, 32 minutes, 32 seconds East 48.20 feet to an iron pipe; thence, North 1 degree,
31 minutes, 19 seconds West 183.31 feet to an iron pipe; thence, with a curve to the right whose
cord bearing and distance are North 5 degrees 45 minutes, 33 seconds East 200.41 feet (with arc
length of 200.96 feet, radius 784.55 feet, delta angle of 14 degrees, 40 minutes, 33 seconds) to
the beginning, containing 1.32 acres more or less.
NOW, THEREFORE, IT IS ORDERED AND DECREED that the above described road be and
the same is hereby closed with the exception of a 30' utility easement. It is further ORDERED
that a copy of this order be filed in the Office of the Register of Deeds of New Hanover County,
North Carolina.
Adopted this the 4t" day of August, 2008.
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Robert G. Greer, Chairman
Attest:
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Sheila L. Schutt, Cleric to the Board
x1331.I(~.9
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION ESTABLISHING A SOLID WASTE ADVISORY BOARD
WHEREAS, the New Hanover County Board of Commissioners is committed to establishing a solid waste
management program that will provide economically effective means for solid waste management in an
environmentally sound manner; and
WHEREAS, three solid waste companies and the New Hanover County Department of Environmental
Management presented excellent proposals and information concerning solid waste management on May 19,
2008; and
WHEREAS, New Hanover County residents and decision-makers are placing greater and greater emphasis in
the use of "green" technology and practices in all aspects of community living; and
WHEREAS, New Hanover County has an outstanding resource of citizen volunteers with expertise, insight,
and experience in solid waste management.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners
establishes a Solid Waste Advisory Board with the following parameters:
1) To be composed of five citizens at large, with each County Commissioner appointing one
member at the Board's August 18, 2008 meeting.
2) To review all relevant information and to present recommendations on the future
management of solid waste for the County to the Board of County Commissioners on or before the
Board's December 15, 2008 meeting.
3) To examine all such information and recommendations within the context of environmental
and economic consequences.
4) Applicants shall submit applications to the Clerk's Office by August 11, 2008. Applicants or
their spouses shall not be an employee of the Environmental Management Department of the County
nor have any interest, direct or indirect, in any contract or proposed contract for materials or services
to be furnished or used in connection with the management of solid waste in New Hanover County.
ADOPTED, this the 4th day of August, 2008.
. ATV _
NE OVE COUN Y
Robert G. Greer, Chairman
~ \\ST:
Sheila L. Schult, Clerk to the Board
Z31.S. ~3
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No. 5
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 6, 1971
CASE: Z-888, 07/08
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area No. 5 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:
A certain tract or parcel of land lying and being in Harnett Township, New Hanaver
County, North Carolina and being part of the Senca Properties, LLC tract as described at
book 5005 page 1252 records of New Hanover County, North Carolina, and being more
particularly described as follows:
Beginning at a point on the eastern right of way of U.S. Highway No. 17 (public right of
way), said point being the northern most corner of Tract 2B, Scotts Hill Village (map
book 51 page 293): Proceed from said point of beginning and with the eastern right of
way of U.S. Highway No. 1.7 N 45-14-26 E 124.26 ft., thence N 45-01-03 E 125.98 ft.,
thence S 44-41-32 E 16.05 ft., thence N 45-13-21. E 81.36 ft. to a point at the intersection
of said eastern right of way and the New Hanover - Pender County Line, thence with said
County Line S 42-54-36 E 1563.79 ft. to a point in the western line of a 60 ft. private
access easement {map book 42 page 9), thence S 42-54-36 E 60.57 ft. to a paint in the
eastern line of said 60 ft. private access easement and the western line of the Beau Rivage
Holding Co. tract (book 5040 page 266}, thence with said western line S 33-35-19 W
107.09 ft. to a point, thence Ieaving said western line N 53-58-14 W 58.79 ft. to a point at
the eastern mast corner of said Tract 2B, thence with the lines of said Tract 2B N 53-58-
14 W 338.25 ft., thence N 53-58-27 W 493.26 ft., thence N 47-04-59 W 782.51 ft. to the
point of beginning and containing 9.22 acres.
All bearings are N.C. Grid NAD 1983
Section 2. The County Clerk is hereby authorized and directed under the supervision of the County
Commissioners to Change the Zoning Map Area No. 5 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.
1
Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A-
341,that this zoning snap amendment of 9.22 acres from R-15 to B-1 Commercial is:
A. Consistent with the purposes and intent of the Resource Protection land
classification and associated policies in the 2006 land use plan.
B. Reasonable and in the public interest to allow neighborhood commercial uses
in this location along the New Hanover-Pender County line.
Adopted the 4t'' day of August, 2008.
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Robert G. Greer, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
2
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No. 4
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED April 7, 1971
CASE: Z-889, 07/08
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH
ORDAIN:
Section 1. The Zoning Map of Zoning Area No. 4 is hereby amended by removing the
hereinafter described tract from the R-15 Residential District and placing it in a
Conditional District CD (O&I) Office & Institutional for the purposes of a veterinary
office with indoor kennels, said lands being described as follows:
Beginning at a point at the intersection of the southern boundary of Manassas
Drive, a 100' public right-of-way, with the eastern boundary of Carolina Beach
Road (U.S. Hwy. 421), a 160' public right-of-way; and running thence with the
right-of--way of Manassas Drive, South 81°25'00" East, 178.90 feet to a point;
thence South 0$°35'00" West, 200.00 feet to a point; thence North 81°25'00"
West, 176.70 feet to a pointing the eastern boundary of Carolina Beach Road;
thence with that right-of-way, North 08°35'00" East, 40.00 feet to a point; thence
along a curve to the left, having a Radius of 5691.93 feet, and Length of 160.02
feet, a Chord of North 07°47'44" East, 160.02 feet to the point and place of
beginning, containing 35,456 square feet, or 0.81 acres, more or less.
Section 2. The County Clerk is hereby authorized and directed under the supervision of the
County Commissioners to Change the Zoning Map Area No. 4 on file in the office of the
County Commissioners, so as to make it comply with this ordinance.
Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the
extent of such conflict, is hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and
general welfare of the inhabitants 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 0.81 acres from R-15 Residential district to
CD(O&I) conditional district is:
A. Consistent with the purposes and intent of the transition land classification and
associated policies in the 2006 land use plan.
1
B. Reasonable and in the public interest to allow a veterinary use adjacent to a
residential neighborhood on a conditional basis at this location.
Adopted the 4t~' day of August, 2008.
Robert G. Greer, Chairman
Attest:
Sheila L. Schuh, Clerk to the Board
2
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For Veterinary Office in CD(O&I) Zoning District
Z-889, 7/08
The County Commissioners for New Hanover County having held a public hearing on August 4, 2008 to
consider application number Z-889 submitted on behalf of owner Greenhouse Properties, LLC for a
special use permit to locate a Veterinary Office in a CD(O&I) Conditional District approved under
companion rezoning action, said proposal being located at the southeast corner of Carolina Beach Road
and Manassas Drive on Tax Parcels R07906-005-020 and R07906-005-021, and having heard all of the
evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the
following CONCLUSIONS:
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. Private well water will serve the property.
B. A private septic system will serve the project
C. The property would access a local public street.
D. Traffic counts decreased on Manassas Dr. between 2003 and 2006 but increased on
Carolina Beach Road by about 8% in the vicinity of this site between 2003 and 2006.
E. Traffic circulation system will be awkward with respect to proximity of the driveway to
the intersection with Carolina Beach Road and the limited stacking capacity at the
median break proposed on Manassas Dr.
F. Fire Service is available from the Myrtle Grove FD.
G. The property is not located in a flood hazard area.
H. Stormwater retention is not shown on the site plan. The parcel is under one acre but
would still be subject to review under the County's storm water ordinance.
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 R-15 Residential District. This request is made concurrent with
conditional rezoning to CD(O&I) Conditional Office & Insitutional District.
B. The proposed veterinary use is allowed by special use permit in O&I districts.
C. Office & Institutional uses are viewed as transitional uses between residential and higher
intensity uses.
D. Petitioner proposes 20 off-street parking spaces which exceeds the requirement of 12 spaces.
E. Stormwater management is influenced by the water quality classification of the watershed.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third
general requirement listed in the Ordinance; namely that the use will not substantially injure the value
of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion,
the Commissioners make the following FINDINGS OF FACT:
A. No evidence has been submitted that this project will decrease property values of adjacent
parcels.
B. Stormwater management must perform in compliance with the requirements of the County
stormwater ordinance.
It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth
general requirement listed in the Ordinance; namely that the location and character of the use if
developed according to the plan as submitted and approved will be in harmony with the area in which
it is to be located and in general conformity with the plan of development for New Hanover county.
In support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The 2006 Land Use Plan identifies this area as Transition, which provides for future
intensive urban development on lands that have or will have urban services. This site
does not have those services.
B. The residential character in this area is clearly delineated. Low-country design of the
building is proposed by the applicant to be harmonious with the surrounding residential
area.
6. Therefore, because the County Comrissioners 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
permit shall become void and of no effect.
D. No outdoor kennels are allowed
E. Uses are limited to Veterinarian and Kennels with indoor pens only
F. Hours are limited as specified by applicant to 8-6 Monday through Friday and 8-12 on
Saturday.
G. Utilize Low country design of the building as presented by the applicant.
H. Lighting to be contained on site as noted on the site plan.
Ordered this 4th day of August, 2008
.ATV _
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Robert G. Greer, Chairman
Attest:
Sheila L. Schult, Clerk to the Board
s u >° ~ v. ~. l ..~.
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Community Boating Facility for 53 boats in an R-20 Residential Zoning District
5-583, 07/08
The County Commissioners for New Hanover County having held a public hearing on August 4, 2008 to
consider application number S-583 submitted by Tom Johnson for Rockford Partners, LLC for a special
use permit to locate a Community Boating Facility in a R-20 Residential District off Alvernia Drive to
serve the Sunset Reach Subdivision, and having heard all of the evidence and arguments presented at the
hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Sections 71-1 and 72-37 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 approved. In support of this conclusion, the Commissioners
make the following FINDINGS OF FACT:
A. The subject property will be accessed via pedestrian and golf cart easements between lots 1 and 2
and lots 18 and 19 on Alvernia Drive South, anew local street in the Sunset Reach Subdivision.
B. The docks will be served by water and a pump out facility.
C. Fire service will be provided by the Wrightsboro Volunteer Fire Department
D. Stormwater is not applicable to the docks.
E. Water depths have been shown on a map separate from the site plan.
F. The site is located in a primary nursery area.
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 project is located within the Northeast Cape Fear River.
B. Community boating facilities are allowed in R-20 zoning districts with a special use permit under
certain conditions.
C. The facility will serve a 53-lot subdivision called Sunset Reach, with slips available only to lot
owners, consistent with Sec. 72-37 of the zoning ordinance.
D. A total of 53 boat slips will serve the exclusive use and enjoyment of property owners in Sunset
Reach subdivision, in accordance with the definition of community boating facility included in
the 2006 CAMA Land Use Plan.
E. Off-street parking will be accommodated at home sites in the subdivision. Three additional
parking spaces will be provided near the southernmost access to allow for loading and unloading
F. One 23-foot access easement and one 20-foot access easement is provided and conferred to each
owner for access to the community boating facility.
G. No commercial activities are proposed or allowed for the facility.
4. It is the County Comnussioners' 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. It is the No evidence has been presented at this time that the proposed use will injure the value of
adjoining or abutting property values.
B. The community's deed restrictions disallow individual docks and piers.
C. According to the applicant, the mean high water line as been delineated by his environmental
consultant. Although the pier appears to cross the adjacent property not owned by the applicant,
the waters of the state cannot be claimed by the adjacent owner.
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. Surrounding land uses include very low density residential and vacant land.
6. Therefore, because the County Commissioners conclude that all of the general and specific conditions
precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that
the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached
site plan and the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance
for the proposed use, as well as any additional conditions hereinafter stated and all other state or
federal requirements.
B. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this permit
shall become void and of no effect.
C. In accordance with Section 71-1(4) of the zoning ordinance, this permit will become null and
void if construction is not commenced within twenty-four (24) months of the date of issuance.
D. Additional Conditions:
1. No overhead lighting will be installed
2. Subject to final determination and confirmation of the location of the
riparian corridor.
Ordered this 4`'' day of August, 2008
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Robert G. Greer, Chairman
Attest:
Sheila . Schult, Clerk to the Board