2011-08-01 RM Exhibits f
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
Exhibit
North Carolina Book page la...
County of New Hanover
i Road(s) Description:Windjammer and Rushing Drives located within Crosswinds Sections
1 and 2 and Wedgefield at Crosswinds South Subdivision(Division
File No. 1171-N) in New Hanover County.
WHEREAS, a petition has been filed with the Board of County Commissioners of the
County of New Hanover requesting that the above described road(s), the location of which
has been indicated on a map, be added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road System, if the road(s) meets
minimum standards and criteria established by the Division of Highways of the Department
of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of
New Hanover that the Division of Highways is hereby requested to review the above
described road(s), and to take over the road(s)for maintenance if they meet established
standards and criteria.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the St day of August , 2011.
WITNESS my hand and official seal this the 1St day of August, 2011.
utATY N
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o Sheila L. Schult, Clerk to the Board
3� a2 New Hanover County Board of Commissioners
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Form SR-2
Please Note: Forward directly to the District Engineer,Division of Highways.
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Exhibit
AGENDA: August 1,2011 Book 2 /�.pa�e=
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 003
3
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-003 be made to the annual budget ordinance for the fiscal year
a ending June 30,2012.
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1 Section 1: Details of Budget Amendment
Strategic Focus Area: Effective County Management
} Strategic Objective(s): Leverage technology/information to enable performance
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Fund: General Fund
Department:Library
Ex enditure: Decrease Increase
Library:
Capital Outlay-Equipment $87,000
Total $0 $87,000
,
Revenue: Decrease Increase
Library:
Grant-Federal-LSTA Technology $87,000
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Total $0 $87,000
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j Section 2: Explanation
To budget$87,000 LSTA Technology Grant for the Development of a comprehensive self-checkout
system at all Branches of the New Hanover County Public Library.The 25%grant match of$21,980 will
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be provided by the Friends of the Library.No other County matching funds are required.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
i
} NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget Amendment 12-003,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 1 st day of August,2011.
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JonqgI6 Barfield,Jr.,Ch
Sheila L. Schult,Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION OF INTENT Exhibit
TO CLOSE A PORTION OF HILL AVENUE Book -XXYI_✓Page
WHEREAS, a petition has been filed pursuant to NCGS 153A241,requesting the Board of
Commissioners of New Hanover County to close the following described private road:
Beginning at a point at the intersection of the southeastern boundary of Hill
Avenue, a 20' private right-of-way, with the southwestern boundary of Wild
Cherry Lane, a 20' private right-of-way; said point being the northernmost corner
of "Lot 1 — La Foret," a division recorded among the land records of the New
Hanover County Registry in Map Book 22, at Page 10; and running thence from the
point of beginning with the Hill Avenue right-of-way, South 43°06'00" East,
173.99 feet to a point; thence crossing the right-of-way, North 38°57'00" West,
20.19 feet to a point at the intersection of the northwestern boundary of Hill Avenue
with the northeastern boundary of Ramblewood Drive, a 60' private right-of-way;
said point also being the southernmost corner of"Lot 1 —Revision in Part/Adean
by the Sound," recorded in Map Book 18, Page 5; thence with Hill Avenue
right-of-way, North 43°06'00" East, 173.98 feet to a point; thence re-crossing the
right-of-way, South 38°58'25"East, 20.19 feet to the point and place of beginning,
containing 3,480 square feet,more or less.
This portion of Hill Avenue was ori ginally dedicated in the division of"Santa
Maria,"recorded in Map Book 4, at Page 28, and is unimproved and unused.
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j NOW, THEREFORE, BE IT RESOLVED,that the New Hanover County Board of
Commissioners is considering closing said road to private use, and that a public hearing on this
question will be held on the 6th day of September, 2011 at 6:00 p.m. in the General Assembly
Room of the New Hanover County Historic Courthouse at 24 North Third Street in Wilmington,
North Carolina at which time the Board will hear all interested citizens and make a final
determination as to whether the road shall be closed.
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ADOPTED this the 1St day of August, 2011.
NEW HANOVER COUNTY
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o �y onathan B J .rCliairman
ATTEST:
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Sheila Schult, Clerk to the Board
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Exhibit
AGENDA: August 1,2011 Book XXXI VPage j-�
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 011
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North
Carolina,that the following Budget Amendment 12-011 be made to the annual budget ordinance for the
fiscal year ending June 30,2012.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Provide health/wellness education,programs,and services
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Fund:General Fund
Department:Health/Safe Kids
s E nditure• Decrease Increase
i Health/Safe Kids:
Supplies $3,000
Total $0 $3,000
Revenue: Decrease Increase
Health/Safe Kids:
Grant-Local-Safe Kids Worldwide $1,000
Grant-Local- UNC Highway Safety
Research Center 2,000
s Total $0 $3,000
Section 2: Explanation
The Health Department has received two grants totaling$3,000 for the Safe Kids program.$1,000 is
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from Safe Kids Worldwide to reduce pedestrian-related injuries to children. $2,000 is from UNC
Highway Safety Research Center to gather child passenger safety information through observational
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fi surveys.Educational materials and incentives will be provided to participants.No County matching
funds are required.
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Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
z NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
9 County,North Carolina,that the Ordinance for Budget Amendment 12-011,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
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GDVN c Dd,this 1st day of August,2011.
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��ti a2 Jona arfield, a' an
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Sheila L.Schult,Clerk to the oard
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Exhibit
Book XX_ILf Page
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY,NORTH CAROLINA
ADOPTED OCTOBER 6, 1969,AND SUBSEQUENTLY AMENDED
A-394 (7/11)
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
f be, and the same is hereby further amended to read as follows in the section(s)noted:
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The following language indicated in red shall be added to the Zoning Ordinance:
59.3.4: Dimensional Requirements:
(6) Dimensional Requirements: Any property subdivided and recorded prior to 6/8/81
{ may be less than the minimum lot area established for the district, provided such lots
are located outside of an approach zone for the New Hanover County Airport. i
(6/4/84) Additionally, any such property located within an airport approach zone
may be approved by the Board of County Commissioners pursuant to the Conditional
Use District process set forth in Sections 59.7.
59.3.5: Protection of Residential Areas-It is required, in order to protect and promote existing or
future residential development, that any means of direct access to or from any permitted
or Special Use in the Al Zone shall not be through any residentially zoned or developed
area or along any street or road in any residential subdivision. (3/9/88) The foregoing
may be waived in Al districts pursuant to the Conditional Use District process set forth in
Section 59.7.
Adopted the 1 st day of August,2011.
NEW HANOVER COUNTY
X6riathan Barfi hairman
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Sheila L. Schult,Clerk to the Board
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A-394 Page 1 of 1
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Y Exhibit
Book 1(X✓Page
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY,NORTH CAROLINA
ADOPTED OCTOBER 6, 1969,AND SUBSEQUENTLY AMENDED
r A-393 (6/11)
x
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:
ti Section 53.5 Planned Development(PD) District shall be amended to read as indicated
below:
53.5-1:Intent - The PD District is established to foster the mixing of various land uses,
5 under , an integrated development plan that would
otherwise not be possible under general district requirements. It is designed to
promote economical and efficient patterns of land use which are sensitive to
natural features and site amenities and which decrease automobile travel time and
trip length; encourage trip consolidation and transit opportunities; foster bicycle
and pedestrian movements, reduce energy consumption and demands; and
encourage unified and compatible development between land uses for the benefit
of all County residents. The PD District is intended to provide flexibility in
f permitting large-scale planned urban development within the constraints of the
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County's Land Use Plan, in situations where the owners of the property present a
development plan which is found to be in the public interest and which provides
necessary urban services and improvements required by this Ordinance and the
County's Policies for Growth and Development. (8/1/11)
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The PD District requires approval of a master land use plan whereby flexibility in
building design, layout and siting,mixtures in housing types and land uses, usable
open space, and the preservation of significant natural features is permitted.
53.5-2:District Regulations: j
(1) Minimum District Size: A contiguous gross land area of one hundred (100) I
acres or more under common ownership or joint petition.
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(2) Maximum Building Height: The maximum building height for residential,
commercial, and office and institutional structures shall be forty (40) feet; except
that the maximum height for buildings located within the urban or transition area j
as indicated on the County's Land Classification Map and fronting along a
collector, minor arterial or principal arterial as indicated on the Eel's
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A-393 Page 1 of 10
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Wilmington Urban Area MPO functional
classification map shall be eighty(80) feet. (10/5/95) (8/1/11)
(3) Building Setback and Separation: Buildings located on the periphery of the PD
District shall be setback a minimum of twenty (20) feet from the PD District
boundary. All buildings shall be setback at least ten (10) feet from all pedestrian
and bicycle paths and fifty (50) feet along US and NC numbered highways and
major thoroughfares. No building shall encroach upon the right-of-way of a
proposed thoroughfare as designated by the Wilmington Area Thoroughfare Plan
or its equivalent adopted transportation planning document. In no case shall any
part of a detached single family dwelling unit or its accessory structure be located
closer than ten (10) feet to any part of any other detached single family dwelling
or its accessory structure; and in no case shall any part of a multiple dwelling unit
or its accessory structure be located closer than twenty (20) feet to any part of
another dwelling unit, accessory structure, or non-residential buildings. (2/87)
(11105) (8/1/11)
(4) Fringe Use Area: To insure compatibility with adjoining land uses, a fringe
use area, two hundred (200) feet in width, shall be established along the exterior
property lines of the PD District where the exterior property lines of the PD
District are adjacent to residential uses and/or platted residential lots. If the
exterior property line of the PD district is not adjacent to residential uses and/or
platted residential lots, then no fringe use area will be required. If a fringe use
area is required, only residential uses or open space may be permitted within the
first one hundred 100 feet of that fringe area. Rights-of-way, stormwater utilities,
and active recreation areas may be permitted within the interior one hundred(100)
feet of the fringe The maximum building height within the fringe use area
shall be thirty-five (35) feet. (8/1/11)
Required setback = (Building Height) x (2.75) In no case shall the minimum
setback be less than 25 feet. The part of the yard adjacent to the residential
districts shall be used only for buffering and as specified in Section 67. (3/9/88)
(5) Land Use Mixture: No more than thirty(30)percent of the PD District shall be
used for light industrial, commercial, and office and institutional purposes.
(6) Maximum Density: (1/2/90)
(A) Allowable density shall be determined by the Site Capacity Standards
for High Density Development as authorized in Section 69.4(3) of this
Ordinance, except that land intended for commercial, office and
institutional, and industrial uses shall also be subtracted from the gross site
area. The residential density factor of the PD district shall be 4.25
dwelling units per acre if the PD shall be located within the Urban or
Transition area. The residential density factor of the PD district shall be
A-393 Page 2 of 10
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2.5 dwelling units per base site acre if the PD shall be located beyond the
Urban or Transition area. (10/5/95)
(B) Residential units shall not be allowed at a density greater than 2.5
units per acre in areas classified Rural, Conservation, or Resource
Protection in the Wilmington - New Hanover Land-Use Plan. In cases
where a Planned Development includes Rural or Resource Protection
s areas, and Conservation areas, then density may exceed 2.5 units per acre
in the Resource Protection or Rural area, provided the number of units in
the Conservation area is reduced by an equal amount. (2/16/87)
(C) If the PD District shall be located within the Urban or Transition Area,
the residential density factor of the PD District may be increased by using
the following "Density Bonus Chart". An increase in density from 4.25 to
10.2 dwelling units per acre requires a total score of 6-5 75 points or more.
An increase in density from 10.2 to 17 units per acre requires a total score
of 165 points or more. (2/16/87) (10/5/95) (8/1/11) s
IMISit'N 7
I)ensih Bollus Chart Poilits
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Adjacent to a Minor or Principal Arterial Facility as indicated on the County's Thoroughfare
Classification Plan and providing a public collector road plan and a public or private local street plan
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that include sidewalks and bicycle facilities to provide an efficient variety of choices for moving
people around and through the proposed development X15
Within one mile by road of established businesses sufficient to support a total employment equal to
85%of the anticipated labor force(calculated at one worker per unit) of the PD district population. 15
If the PD is located in a manner that satisfied at least two of the following criteria:
1. Within one road mile of a neighborhood convenience store offering basic grocery items and other
items.
2. Within two road miles of a community shopping center. A community shopping center is defined
as a site with a common parking area, a grocery store, and at least two of the following types of
retail establishments: drug store, hardware store, dry cleaners, variety retail, department store,
discount store or restaurant.
3. Within three miles of regional shopping center consisting of over 100,000 sq. ft. of retail space for
sales and storage. 15
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At least 1/2 mile inland of coastal wetlands, estuarine waters, estuarine shorelines and public trust
waters and
reserves riparian buffers and incop2orates LID techniques for stormwater controls. 25
All structures are located beyond the 100 year floodplain as designated on the County's Official
Flood Insurance Maps. 20
Outside the County's most sensitive aquifer recharge area(Area No. 2) as shown on the Aquifer
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Sensitivity Map for New Hanover County. 15
Bus or shuttle transportation. 10
Solid waste transfer station. 30
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A-393 Page 3 of 10
Within one mile of a public park and recreation facility. 10
At least 5%of the total number of dwelling units in the PD District are designated and reserved on
the Master Land Use Plan for either handicapped or households with income less than 60%of the
gFess median household income for New Hanover County. 20
Public access and public waterfront facilities provided, such as docks,piers, and boat ramps or
shoreline parks and boardwalks 25
All residential units will meet
50, r-eduefien in residential~,4°. (P::gFeS Elfe may S b °dule RES-41)LEED, Healthy Build Home,
ICC700 Green Buildin Standards or Green Globes desi ation. -520
Alternative energy systems supply at least 20% of the total non-renewable energy consumption for
space and hot water Bearing heating. Alternative energy systems, for purposes of this Ordinance, are
defined as constructed passive or active systems. Passive systems shall be evaluated using the solar
load ratio method and active systems using the F-chart system. Points will not be awarded for this
incentive unless the conditions for the above incentive concerning thermal standards are also met. 20
Recreational facilities other than tot lots and mini-parks. These recreational facilities may include,
but are not limited to,tennis courts, golf courses,ball fields,basketball courts, and community
recreation buildings or community arg dens. Points will be awarded at a rate of one point for each
$5,000 of investment(not including land or design costs),up to a maximum of 20 points. Adequacy
of design and improvements, and cost estimates will be evaluated by the County Parks Department. 1 20
(7) The following minimum improvements and public services shall be provided in accordance
with all standards set by the County or appropriate local or State agency:
(A) Water supply and sewer facilities; (8/3/87) provided by the Cape Fear
Public Utility Authority or an equivalent agency.
(B) Fire hydrant and water supply systems that meet the standards
specified in Velume 2, Standafd 24 the National Fire Protection
Association Standard Fire Ced as amended.
(C) Repealed (8/1/11)
be available to serve the PD Distfiet. The developer-must ehoese and to do
one of the fellewing two eptions.:
1. The develeper- may donate by gift deed land to the Count
a. The ameunt of land dedieated shall be equal to the
following! aer-eage ef land — (# of units in PD) x (.0217
b. The value ef the land denated sha4l be equa4 te or-great
than- •inv-come ,vvrma land sh all be dvicefmin°e
either- by (the aver-age fir- , ar-Lot to assessed aloe of
residential pr-eperty ef similar density in the eeiant)-?) its tax
A-393 Page 4 of 10
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assessed mairset va4iie-Ar by a eel ed appraisef, whe s i
be ehesen by the County and whose fee shaI4 be paid by th-e
develeper-.
The land to b e donate must b e evaluated an pt 1
V• 111V 1g1iC[ iV Vii A
lesation, aeeess, phyufieal-skafaeter-isfie and size.
the
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T« event tha4 land net se deli ted an ., A pte 1 th �
seefien 2 below applies.-
2. L1IV yp
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The deyeleper- «, pay „ fee to New Hanever- Count., f th
benefit efit A f the Cetmt ,BeaFa e f Edue,lion equal to the to assessed
market value of the ., «A e f land eale late 1 in „b seetion (1) .,
above, for-tmimproved for- r-esidenfial land in the PD site. ' ,7 �
(D) Repealed (8/1/11) If the PD is At a4t,e ea to the County . C;. . r
Publie U44ify Authefity sewer- systefa then its sewage system faust be leem
least 1/4 mile ftem all esWap;ne ' I
(E) A drainage plan pursuant to Section 52-5 of the Subdivision
Ordinance. (5/5/97) and the New Hanover County Stormwater Ordinance
(F) Repealed (8/1/11) n Coo sha l be paid to New Hann er- Geunt , f , e
by efire-depaAmeat sefyieing the PD D stiiet. The Fire Seim ee DistflGi Q
Goinmission shall r-eeemmead the fnest appr-opfiate use of the fee
as
Pre Sen4ees Fee For-MUIR (3447)
04umber-of Units in the PD) x (Aver-age Heuseheld Size in Unineei-7penAed County) X
(Present Total Assessed Pr-ereft-y Va4'de in Unifleefeer-ated r-'etmfy) (Present Fire S
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(G) Street lights, at the rate of one fixture per 500 linear feet or less of
roadway.
(H) Tot lots and/or mini-parks (adequacy of design and improvements to be
evaluated by County Parks and Recreation Department), at the rate of one acre or
more per 1,000 population and within 1 mile distance of residential areas to be
served by them. Sidewalks or pedestrian trails shall establish a safe network for
accessing these facilities(8/1/11)
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A-393 Page 5 of 10
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(I) Audible fire alarm systems connected directly to a central the Cars
Efner-geae5 Dispatch System for all structures except single-family and duplex
residential. (8/1/11)
(J) Parking: Off-street parking shall be provided in accordance with
Article VIII of this Ordinance, except that design of parking lots or shared
parking facilities may be approved with minor dimensional deviations,
when the TRC concurs and provided the number of required spaces is not
reduced. (8/1/11)
(K) Sims: Signs shall be in accordance with Article IX of this Ordinance.
The developer shall be responsible for erecting and maintaining street
name signs at all intersections within the PD District. Signs on public
streets shall conform with existing Department of Transportation
regulations.
(L) Community Property Owner's Association: A Community Property
Owner's Association shall be established in accordance with Sections 69.1
and 69.3 of the Zoning Ordinance. Rights-of-way platted for public use
may not be altered to private rights-of-way by action of a community
property owners association unless approved by the Technical Review
Committee . (8/1/11)
(M) Required Master Land Use Plan
1. A Master Land Use Plan and necessary documents shall be
submitted along with the rezoning petition. The Master Land Use
Plan shall consist of an overall land use plan showing existing and
proposed development for the PD District as a whole.
2. The Master Plan shall be prepared by a multi-disciplinary team
consisting of qualified practitioners in architecture, planning, and
engineering.
3. Contents of the Master Land Use Plan shall include the
following:
a. Scale not less than one (1) inch to four hundred (400)
feet.
b. North Arrow
c. Vicinity or Location Map
d. Development name
e. Owner's name and address
f. Developer(if other than owner)
g. Names of design team
h. Date
i. Boundary line of the proposed PD District
A-393 Page 6 of 10
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d
j. Existing topographic information with two (2) foot
contour intervals
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k. All water courses, 100-year floodplains, mean high water
lines and unique natural features f
1. Tree inventory and location y
m. Recreation areas and facilities
n. Street layout and traffic circulation pattern
o. Pedestrian and bicycle circulation systems
p. Residential areas with projected density and planned k
housing types, and acreage (Include a table) `
q. Commercial, industrial, and office and institutional areas E
with proposed land uses, estimated square footage, and
acreage. (Include a table)
r. All adjoining land uses and zoning districts.
P
s. Fringe use areas E
t. School sites being reserved and recreational areas to be
dedicated for public use, if applicable
u. Total gross acres ,
v. Total acres occupied by all street right-of-way and
parking areas
w. High Density calculations as required in Section 69.4
4. The Master Land Use Plan shall be accompanied by the
following:
a. The names and addresses of each property owner within
the proposed PD district.
b. A legal description of the proposed PD District
c. Community property owners association proposed
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covenants. '
d. A drainage plan showing locations and acreage of
drainage areas, sizes and specifications of drainage
structures, and supporting calculations using Soil
Conservation Service methods or other methods approved
by the County Engineer for both pre-development and post-
development conditions.
e. A utility plan showing existing and proposed utility
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systems, including sanitary sewers, water, electric, gas,
television and telephone lines, fire hydrants, street lighting
and trash collection areas.
f A traffic impact analysis
g. A development phasing schedule including the sequence
and approximate dates of each phase; and, proposed
phasing of construction of public improvements, recreation,
and common open space areas.
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A-393 Page 7 of 10
h. A statement of planning objectives including:
1. Identification of appropriate County Land Use
Policies achieved by the proposed PD District;
2. An estimate of total residential population
3. Other necessary information and evidence to
support the creation of a PD District in the County.
(N) Thoroughfare Requirements - The development shall have direct access, as
required in Section 69.9, to and from an existing major or minor arterial as
indicated in the Wilmington Area
MPO Functional Classification Map. All interior drives shall be designed so as to
provide adequate access for emergency service vehicles. (2/16/87) and future
connectivity to adjoining undeveloped properties. (8/1/11)
(0) Recognizing the County's need for adequate housing for the elderly population as stated
in the 2006 CAMA Plan Update, the following district regulations shall apply in instances
where at least twenty-five percent (25%) of the PD district number of units are included in a
Continuing Care Retirement Facility as described and regulated under NCGS 58 Article 64:
a. The maximum height for a continuing care retirement facility building shall be up
to 55 feet.
b. The thoroughfare requirements in Section 53.5-2(7)(N) and Section 69.9 may be
satisfied if a traffic study supports a finding by the Board of County
Commissioners that the roadway providing access for the proposed PD
development to and from an existing major or minor arterial will operate at an
acceptable level of service (LOS), and will not cause the LOS to drop below
Level C. (1/07/08) at build-out. 8/1/11)
Section 53.5-3: Procedural Requirements for the Establishment of a PD District
A PD District shall be processed in three stages: Conceptual Review, Master Land
Use Plan; and Final Plan. The concept Plan shall represent the applicant's general
sketch and impression of the anticipated pattern of development planned for the
PD District. The Master Land Use Plan shall specify the uses of land and layout
of landscaping, circulation and eg neral placement of buildings. The Final Plan
shall be the document on which building permits and other applicable County
approvals are issued. Each stage shall be processed in the following order:
(1) Conceptual Review:
(A) This is a scheduled pre-application conference held with the County
Planning Department to discuss requirements, standards and policies prior
to the submission of a formal PD District rezoning petition.
(B) The general outline of the proposed PD (evidenced schematically by
sketch plans or drawings showing the proposed location of the PD district,
land uses, major streets, site conditions, land characteristics, available
community facilities and utilities, and other applicable information) shall
A-393 Page 8 of 10
be submitted by the applicant for conceptual review at the pre-application
rt conference.
(C) After holding the required conference, the County Planning
3 Department shall notify the appropriate representatives of various County
agencies (such as the County Sheriff, Board of Education, Engineering,
Building Inspections, Health Department, and .-eluate County Fire
Services Depaftmeats) to obtain preliminary comments regarding the
proposed PD. In addition, the TRC may be asked to review for preliminary
t comments in lieu of agency notice. Upon receipt of these comments, the
County Planning Director shall furnish the participants with written
comments, including appropriate recommendations to inform and assist
the applicant prior to preparing a formal PD district rezoning petition.
(8/1/11)
(2) Master Land Use Plan:
s (A) Application for a PD district shall be filed with the County Planning
DepaAmen .staff. The County Planning staff Depaftmen shall review the
Master Land Use Plan and PD district rezoning petition in the nature of an
amendment to the County's Official Zoning Map. Such an amendment
shall be processed pursuant to the general requirements of Article XI of
this Ordinance, including the required community informational meeting
outlined in Sec.111-2.1. Upon receipt of all necessary application
materials, including the comments of the TRC, the Planning Director shall
schedule the petition before the County Planning Board. (8/1/11)
(B) The Board of County Commissioners, following receipt of the
{ Planning Board's recommendation will review the PD district rezoning a
petition and Master Land Use Plan with respect to its technical sufficiency
and its consistency with the Land Use Plan and the Policies for Growth
and Development.
(C) Approval of the Master Land Use Plan as part of the PD district
requirements shall not constitute final plan approval, rather it shall be
deemed an expression of approval of the rezoning request and the overall
design and densities as submitted on the Master Land Use Plan. The
Master Land Use Plan shall be filed in the County Planning & Inspections
Department.
(D) Minor changes and revisions to the Master Land Use Plan may be
approved administratively by the County Planning Director, without
additional public hearings, provided such changes to not result in: s
1. A change in the use or character of the applicable portion of the
PD (8/1A 1)
2. A diminishing change of design for, or an increase in the {
hazards to pedestrian and vehicle or vessel traffic circulation;
(8/1/11)
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3. A reduction in the originally approved setbacks from roads
and/or exterior property lines. (8/1/11)
A-393 Page 9 of 10
Any changes, other than minor changes, shall only be made by the
County Commissioners, and must follow the same review and
public hearing process required for other Zoning Ordinance
Amendments.
(3) Final Plan:
(A) Application for Final Plan approval or sections thereof shall be made
with the County Planning staff Depailinen .
(B) The Final Plan shall be in compliance with the Master Plan and no
construction, excavation, or clearing shall be commenced or any building
permit issued until the Final Plan has been approved and signed by the
Planning Director.
(C) The Final Plan shall be reviewed by the Planning Director for
consistency with the approved master plan and by the Technical Review
Committee in the nature of subdivision preliminary plat approval. pufsuam
to Seel en 69.4 of this Ordi .nee f High Density Deyel,,,.,,,,o„+ (8/1/11)
(D) The Final Plan shall constitute the equivalent of preliminary Plan
approval under the New Hanover County Subdivision Ordinance. The
applicant shall not be required to submit a separate subdivision
application. Final plats for condominium and subdivision developments,
however, shall be submitted to County Planning staff in accordance with
the Subdivision Regulation requirements.
Adopted the 1 st day of August, 2011.
nat an arfy�l , Jr., Chairman
CO�N4Y '�'O
0 9
o Attest:
3�i a2
Sheila L. Schult, Clerk to the Board
A-393 Page 10 of 10
Zoning Book., ..,
Section_3___Page 3
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 and subsequently amended
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CASE: Z-838, Modified (05/11)
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THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH
ORDAIN:
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Section 1. The Zoning Map of Zoning Area No. 3 is hereby amended by removing the
hereinafter described tract from the Conditional Use District CD(R-20)Classification for Residential
Use and returning it to R-20S Residential Zoning District, said land being described as follows:
5
BEGINNING at a point in the southern boundary of Mason Landing Road(S.R. 1404), a
t 60'public right-of-way; said point being located North 79 degrees 44 feet 28 inches East,20.98 feet
from the intersection with the northeastern boundary of Register Lane,a 40 foot private right-of-way,
recorded among the land records of 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 79
degrees 09 feet 36 inches East, 270.74 feet to a point; thence leaving the right-of-way, South 51
3 degrees 59 feet 14 inches East,96.43 feet to a point;thence South 52 degrees 10 feet 16 inches East,
346.94 feet to a point;thence South 47 degrees 17 feet 23 inches East; 126.51 feet to a point;thence
South 41 degrees 50 feet 18 inches East, 334.76 feet to a point; thence South 53 degrees 50 feet 36
inches West, 157.99 feet to a point;thence North 47 degrees 25 feet 11 inches West,328.70 feet to a
3 point;thence North 57 degrees 00 feet 40 inches East,2.50 feet to a point;thence North 52 degrees 59
feet 20 inches West, 706.44 feet to the point and place of beginning, containing 4.19 acres,more or
' less.
Section 2.The Zoning Map of Zoning Area No.3 is hereby further amended by removing the
hereinafter described tract from the Conditional Use District CD(R-20)Classification for Residential
Use and placing it in the Conditional Use District CD(R-15)Classification for residential use, said
land being described as follows:
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BEGINNING at a point in the southern boundary of Deep Creek Run (S.R. 1406), a 45'
public Pigbt-of-way;said point being located South 46 degrees 52 feet 54 inches East,96.16 feet,and
South 46 degrees 29 feet 38 inches East, 184.55 feet along the southern boundary from its intersection
with the southeastern boundary of Mason Landing Road(S.R. 1404),a 60' public right-of-way;and
running thence with the right-of-way of Deer Creek Run, South 46 degrees 37 feet 27 inches East,
23.11 feet to a point; thence South 41 degrees 04 feet 17 inches East, 90.80 feet to a point; thence
_3 leaving the right-of-way, South 49 degrees 16 feet 42 inches West, 180.07 feet to a point; thence
North 47 degrees 17 feet 23 inches West, 126.51 feet to a point;thence North 52 degrees 49 feet 57
inches East, 191.87 feet to the point and place of beginning, containing 0.51 acres,more or less.
Section 3. 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
a Z-838M Page 1
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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 subject to the
companion special use permit also approved as part of this action,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 both of these zoning map amendments of approximately 4.19 acres from CD(R-20)
conditional district to R-20S residential district and approximately 0.51 acres from CD (R-20)
conditional district to CD(R-15)conditional district is:
Consistent with the purposes and intent of the Conditional Use District outlined in section 59.7-1 of
the New Hanover County Ordinance and the intent of both the Conservation and Wetland Resource
Protection classifications of the 2006 CAMA Land Use Plan.
Reasonable and in the public interest to rezone 4.19 acres of Conditional District CD (R-20)
residential property to R-20S and remove it from the previously approved residential subdivision of
Masons Landing Yacht Club to make it consistent with the surrounding area.It is also reasonable and
in the public interest to rezone 0.51 acres of Conditional District CD(R-20)residential property to
Conditional District CD(R-15)to be consistent with the remainder of the residential lots and subject to
the site plan for the companion special use permit for the revised 10.375 acre CD(R-15)district.
Adopted the 1"day of August,2011.
uNTY.
O 1 �0
0 y ;011hanllrrl ,i r. airman
h
9
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3� 2 Attest:
•F�q�ISHEP�'(�• �
Sheila L. Schult,Clerk to the Boar
Z-838M Page 2
SUP Book.=page
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
s ORDER GRANTING A SPECIAL USE PERMIT
For amendment of an existing residential use in a CD(R-15)Residential Zoning District
f.
Z-838,Modified(05/11)
The County Commissioners for New Hanover County having held a public hearing on August 1,2011
`$ to consider application number Z-83 8M submitted on behalf of owners Holman&Lackey and Masons
Landing Yacht Club a conditional zoning district and the requisite special use permit to amend an
existing residential use in a Conditional District CD (R-15) Residential Zoning District approved
under companiop rezoning action, said proposal being located at 7312 Mason Landing 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 59.7 and 71-4 of the County Zoning Ordinance WILL be satisfied if the property is
developed in accordance with the plans and staff findings submitted to the County Commissioners
and attached as part of this special use permit.
' 2. 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
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subject to the following conditions:
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A. 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.
B. In accordance with Section 71-1(4)of the ordinance,the permit shall become null and void if
construction or occupancy has not commenced within 24 months of the date of this approval.
C. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use; all other state, federal and local rules; and any additional
conditions hereinafter stated.
D. Additional Conditions:Relevant findings and conditions from November 5,2007 will remain
in effect for the resultant new conditional use district, including:
'i
1) General hours of marina operation shall be 6:30 am to 9:30 pm Sunday
s through Thursday and 6:30 am to 10:30 pm Friday& Saturday. Boats shall
only occasionally be permitted to depart from and arrive at the marina outside
,3 of these general hours of operation.
2) 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.
3) 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
Z-838M Page 3
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emergency situations. Any such evacuated boats and/or trailers may not be
parked or stored on the jetty.
4) Persons shall not be permitted to live on board boats at the marina for a period
of greater than seven(7)consecutive days.
5) The use of the marina facilities shall be restricted to owners, their guests and
invitees.
Adopted this 1"day of August, 2011.
GoE ^, R
Ofi�N TY• Jonath airman
o
X
oAttest:
O
vi Sheila L.Schult,Clerk to the Board
Z-838M Page 4
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Findings of Fact:
1) The use will not materially endanger the public health or safety if located and developed
i according to the plan as submitted and approved;
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2) The use meets all required conditions and specifications of the Zoning Ordinance;
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3) The use will not substantially injure the value of adjoining or abutting property or that the use
is a public necessity; and
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4) The location and character of the use f developed according to the plan as submitted and
i 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.
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