2012-06-04 RM Exhibits Exhibit
Book X _✓page R.�
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
ORDINANCE
AMENDING NEW HANOVER COUNTY CODE CHAPTER 44
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The Board of County Commissioners of New Hanover County hereby ordains and enacts that New
Hanover County Code Chapter 44, Solid Waste, Article II, Collection and Disposal, Division 2,
Additional Solid Waste Provisions, Section 44-55, Franchise required for solid waste collection, be and is
amended as follows:
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1. Amend last sentence of subsection(a)to read:
a Franchises for residential customers should be exclusive as to the geographic area included in the
franchise, if so designated by the County, and franchises for services to commercial customers
i shall be non-exclusive.
2. Amend subsection(g) to read:
Change reference "subsection (1)"to now read "subsection (m)".
3. Amend subsection 0)to read:
a. Add to subsection 0)the following sentences:
(1) Business Automotive Liability with minimum limits of$500,000 each accident.
(2) Commercial General Liability policy with minimum limits of $500,000 each
occurrence for bodily injury and property damage. This policy shall include New
Hanover County, its officers, official agents and employees as additional insured by
Insurance Services Office endorsement CG 20 29 (or its equivalent).
b. Delete last sentence of said subsection (j).
4. Add a new subsection(n):
A franchisee must dispose of all municipal waste collected within New Hanover County at such
facilities designated by the County Manager.
5. Add a new subsection(o):
The franchisee shall be subject to all duties, obligations and conditions in Chapter 44 whether or
not set forth in any executed franchise agreement.
6. Add a new subsection (p):
The franchisee hereby indemnifies and holds harmless New Hanover County from any liability, j
1 whether arising under law or equity, tort or contract, attributable in whole or part to the
negligence, omission or intentional act of franchisee, its employees, agent or subcontractors.
7. Except as specifically above amended, Chapter 44 shall remain unaltered, in full force and effect.
ADOPTED this the 4"'day of June, 2012.
b New Hanover County
VNTY.
j o� Ted Davis,Jr., Chairman
0
p ATTEST:
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Sheila L. Schult, Clerk to the Board
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Exhibit
Book Page
AGENDA: June 4,2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12. 236
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-236 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
Fund: General Fund
Department:Tropical Storm and Hurricane
Revenue: Decrease Increase
FEMA Public Assistance $226,651
Appropriated Fund Balance $226,651
Total $226,651 $226,651
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Fund: Environmental Management
Department:Tropical Storm and Hurricane
E enditure: Decrease Increase
Contracted Services-Debris $228,180
Total $0 $228,180
Revenue: Decrease Increase
FEMA Public Assistance $228,180
Total $0 $228180
Section 2: Explanation
New Hanover County has received partial reimbursement from FEMA for Hurricane Irene in the amount
of$454,831.30.This budget amendment appropriates this revenue back to General Fund($226,651)and
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4 the Environmental Management Fund($228,180). Staff anticipates a second reimbursement of
approximately$148,000 at a later date.
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 12-236,amending the annual budget
q ordinance for the fiscal year ending June 30,2012,is adopted.
NTT. dopted,this 4th day of June,2012.
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Ted Davis,Jr.,Chairm
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Sheila L.Schult,Clerk to the Board
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AGENDA: June 4,2012
Book _Page
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2012 BUDGET
BY BUDGET AMENDMENT 12- 240
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BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 12-240 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
Understand/act on citizen needs
Fund:General Fund
Department:Parks,Gardens&Senior Resource Center/Health and Wellness Promotion
E nditure• Decrease Increase
Parks,Gardens&•SRC/Health&Wellness
Promotion:
Temporary Salaries $3,251
Social Security Taxes $249
Total $0 $3,500
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Revenue: Decrease Increase
Parks,Gardens&SRC/Health&Wellness
Promotion:
Grant-Local-VOCAL Catherine Kennedy
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Home Grant $3,500
Total $0 $3,500
Section 2: Explanation
The Catherine Kenndy Home Foundation has awarded New Hanover County Senior Resource Center a
$3,500 grant.The funding will be used for the Prescription Drug Assistance Program,which provides
education and guidance on the complex Medicare prescription drug plans and assists needy seniors in
obtaining low and/or no cost prescription medications from pharmaceutical companies.
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 12-240,amending the annual budget
ordinance for the fiscal year ending June 30,2012,is adopted.
Adopted,this 4th day of June,2012.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS I i
ELDER ABUSE AWARENESS MONTH Exhibit
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k o PROCLAMATION .��Pag9
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WHEREAS, elder abuse is the broad term used to identify mistreatment of elderly and
disabled adults; and _��
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WHEREAS, abuse and neglect of elderly and disabled adults is one of the most under-
recognized and under-reported social problems in this country; and
=j WHEREAS, the magnitude of the problem is likely to increase for several reasons,
especially with the anticipated rise in the number of elderly population; and I
WHEREAS, mistreatment can take many forms: physical abuse, emotional abuse,
! i= sexual abuse, neglect by a caregiver, self-neglect, exploitation, and financial
exploitation; and r I=1
WHEREAS,between 500,000 to five million people suffer elder abuse every year; and ;i
-
-' = WHEREAS, it is estimated that approximately one out of every fourteen cases of elder j I
abuse is reported; and ! I!
I, WHEREAS, abuse of the elderly is preventable.
X' NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
= Commissioners that June 2012 be recognized as Elder Abuse Awareness Month in ! !-
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New Hanover County and that all residents and other jurisdictions are encouraged to
become more aware of this problem and join in the prevention of elder abuse. I .
I_II r ADOPTED this the 41h day of June, 2012.
? _! NEW HANOVER COUNTY
-
Ted Davis, Jr., Ch an
I j ATTEST:
I!- '�,��R�0^ - yi!►� (.a 'II
Sheila L. Schult, Clerk I the Board
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Exhibit
Book Page =
Joint Resolution to Approve the Formation of an Area Authority to Operate a
Program for Mental Health, Developmental Disabilities, and Substance Abuse Services in
Brunswick, Carteret,New Hanover, Onslow and Pender Counties
WHEREAS, the North Carolina General Assembly passed legislation entitled An Act to
Establish Requirements for the Department of Health and Human Services and Local
Management Entities with Respect to Statewide Expansion of the 1915(b)/(c) Medicaid Waiver,
S.L. 2011-264 (hereinafter the "Act"), which established a statewide restructuring of the
management responsibilities for the delivery of services for individuals with mental illness,
intellectual and developmental disabilities, and substance abuse disorders. Among other things,
the Act established that the catchment area of an area authority must contain a minimum
population of at least 500,000 individuals by July 1, 2013; and
4
WHEREAS, Southeastern Center for MH/DD/SA Services (the area authority serving
Brunswick, New Hanover and Pender counties with a total population estimated at
361,084)("SEC"), and Onslow Carteret Behavioral Healthcare Services (the area authority
serving Carteret and Onslow counties with a total population estimated at 247,131) ("OCBHS")
have voluntarily engaged in amicable affiliation discussions with the intent to consolidate into an
entity that will satisfy the minimum population requirements of the Act and achieve new cost
efficiencies and improved treatment outcomes for the citizens and families in need of mental
health, developmental disabilities, and substance abuse services in the five counties that will be
served by the post-consolidation entity; and
WHEREAS, in response to a North Carolina Department of Health and Human Services l
(NCDHHS) Request for Applications, SEC and OCBHS submitted a joint application to be a
participating local management entity under the 1915 (b)(c) Medicaid waiver for mental health,
developmental disabilities and substance abuse services; and
WHEREAS, on October 31, 2011, NCDHHS notified OCBHS and SEC of their selection to
jointly become a Medicaid 1915 (b)(c) Waiver site, effective January 1, 2013; and
i
WHEREAS, both SEC and OCBHS have recommended to their respective constituent counties
that these two distinct area programs should consolidate to form a single area authority; and
WHEREAS, OCBHS and SEC have represented to the undersigned board of commissioners that J
they entered into a formal written agreement to set out terms and conditions upon which the two
entities separate area authorities would effectively consolidate and reorganize to form a single
area authority, which would carry out the local management entity functions within the five
county area; and
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WHEREAS, SEC has represented that it will properly advertise and hold a public hearing
satisfying the requirements of N.C. General Statute §122C-115.3(d) on or before June 15, 2012;
and
WHEREAS, OCBHS has represented that it will properly advertise and hold a public hearing
satisfying the requirements of N.C. General Statute §122C-115.3(d)on or before June 15, 2012.
NOW, THEREFORE, BE IT RESOLVED by joint resolution of the Brunswick County Board
of Commissioners, the Carteret County Board of Commissioners, the New Hanover County
Board of Commissioners, the Onslow County Board of Commissioners and the Pender County
Board of Commissioners as follows:
1. The undersigned board of commissioners finds that it is in the public interest and will
best meet the needs of persons with mental illness, developmental disabilities and
substance abuse issues residing in the respective county served by the board for OCBHS
and SEC to consolidate and reorganize into one area authority, which will carry out the
local management entity functions within the five county area.
2. Pursuant to GS 122C-115(c), the undersigned board of commissioners authorizes and
approves of the establishment of the Consolidated Area Authority that will carry out the
local management entity functions to serve the mental health, developmental disabilities
and substance abuse needs of the five county catchment area of the Consolidated Area
Authority, contingent upon signing a formal written agreement consistent with the terms
and conditions set forth in this Joint Resolution(the"Agreement").
3. As it pertains to the operation of a program for mental health, developmental disabilities
and substance abuse services within its territorial borders, the undersigned board of
commissioners authorizes the consolidation of OCBHS and SEC resulting in (i) the
formation of a consolidated area authority effective as of 12:01 AM on July 1, 2012
("Consolidated Area Authority"), and (ii) the cessation of SEC or OCBHS as separate
entities (other than as a part of the Consolidated Area Authority) as of 12:01 AM on July
1, 2012, or as soon thereafter as practicable. The undersigned board of commissioners
authorizes the following transactions necessary to accomplish the formation of the
Consolidated Area Authority,which shall be incorporated into the Agreement:
a. All property, real and personal, and any other assets of SEC and OCBHS shall be
transferred to the Consolidated Area Authority effective July 1, 2012;
b. The audited fund balance of SEC and OCBHS, both restricted and unrestricted,
shall be transferred to the Consolidated Area Authority effective July 1, 2012.
The Consolidated Area Authority shall assume and be liable for all the liabilities
and obligations of OCBHS and SEC, except to the extent to which any liability or
b
obligation is covered by any insurance maintained by OCBHS or SEC, as
applicable. No liability or obligation due or to become due, claim or demand for
any cause existing against OCBHS or SEC, or any officer or director of OCBHS
or SEC, shall be released or impaired by the formation of the Consolidated Area
Authority, and no action or proceeding, whether civil or criminal, then pending by
or against OCBHS or SEC, or any officer or director of OCBHS or SEC, shall
abate or be discontinued by the formation of the Consolidated Area Authority,but
may be enforced, prosecuted, settled or compromised as if the consolidation of
OCBHS and SEC had not occurred, or the Consolidated Area Authority may be
substituted in any such action or special proceeding in place of OCBHS or SEC;
c. Any individual who accepts employment by the post-consolidation entity shall be
subject to the personnel policies of the post-consolidation entity, which shall
provide among other things that: (i) longevity and tenure under SEC or OCBHS
shall be counted as credit for employment with the post-consolidation entity, and
(ii) any probationary period shall be waived for any person who has already
served such a period for either SEC or OCBHS;
d. Prior to the consolidation of OCBHS and SEC into a single area authority,
OCBHS and SEC shall have entered into a formal written agreement documenting
plans for the retention and disposition of (i)business, administrative and financial
records of OCBHS and SEC; and (ii) any patient medical records in the custody
of SEC or OCBHS. The provisions of the formal written agreement shall ensure
compliance with any applicable federal or state laws including, but not limited to,
the protection of confidentiality related to health information and specific record I
retention and disposition requirements applicable to North Carolina local
management entities; and
e. All other actions or transactions necessary to implement or effectuate the terms of
the Agreement consistent with this Joint Resolution.
4. The undersigned board of commissioners acknowledges that governance of the
Consolidated Area Authority shall reside with the board of the Consolidated Area
Authority ("Consolidated Area Authority Board"), which shall be constituted and
structured as set forth in Paragraph 7 below and shall comply with the statutory
requirements relevant to its composition, responsibilities and operation.
5. The undersigned board of commissioners authorizes and approves the formation of a
8 Consolidated Area Authority Board that shall initially be comprised of twenty members,
appointed as follows:
a. Each of the undersigned board of commissioners shall appoint, from among its j
membership, one commissioner to serve as a member of the Consolidated Area
Authority Board.
b. Each of the undersigned board of commissioners also shall appoint three
additional members to the Consolidated Area Authority Board
c. In making any appointment to the Consolidated Area Authority Board, the
undersigned board of commissioners shall comply with the requirements of N.C.
General Statutes §122C-118.1.
d. To the extent practicable, whenever making an appointment to a vacancy on the
Consolidated Area Authority Board allocated to the county served by it, the
undersigned board of commissioners will give due consideration to (i) the
compositional requirements of NCGS §122C-118.1, (ii) the current composition
of the of the Consolidated Area Authority Board, and (iii) the qualifications and
background of any individual who has particular knowledge or experience that
might be relevant and beneficial to the Consolidated Area Authority Board,
including but not limited to, representation from: (1) county human services
agencies with whom the Consolidated Area Authority must collaborate in order to
insure access and coordination of services at the local level, (2) persons with
experience in administration or finance in the health care industry (including, if
possible, the delivery of mental health, developmental disabilities or substance
abuse services), and (3) persons representing the interests of people with
disabilities.
e. The method of appointment set forth in the Agreement shall be consistent with the
method of appointment described in this Paragraph 7 and shall comply with all
applicable statutory requirements.
6. The Consolidated Area Authority Board shall operate under a set of duly adopted bylaws
that shall be consistent with the provisions of the Agreement and this Joint Resolution.
7. Prior to the consolidation, OCBHS and SEC shall enter into a written agreement
documenting plans for the retention and disposition of OCBHS business, administrative
and financial records as well as patient medical records, all in accordance with the
Records Retention and Disposition Schedule—DMH/DD/SAS Local Management Entity
(LME) dated October 26, 2011, confidentiality laws (HIPAA, NCGS Chapter 122C and
42 CFR Part 2), and other applicable law.
8. The undersigned board of commissioners hereby authorizes the officers of OCBHS and
SEC to take any and all actions necessary or desirable to effectuate all actions consistent
with this Joint Resolution.
9. This Joint Resolution is effective upon the adoption by the last of the board of county
commissioners of Brunswick, Carteret, New Hanover, Onslow and Pender counties to so
adopt.
THIS SPACE INTENTIONALLY LEFT BLANK
I
THE FOREGOING JOINT RESOLUTION WAS INTRODUCED BY
# COMMISSIONER RICK CATLIN, WHO MOVED ITS ADOPTION. THE MOTION TO
ADOPT THE RESOLUTION WAS SECONDED BY VICE-CHAIRMAN JONATHAN
i
BARFIELD, JR., AND THE VOTE ON THE ADOPTION WAS:
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THOSE VOTING "AYE" WERE:
Chairman Ted Davis, Jr.
Vice-Chairman Jonathan Barfield, Jr.
Commissioner Jason R. Thompson
Commissioner Richard G. Catlin j
THOSE VOTING"NAY" WERE:
Commissioner Brian M. Berger j
z
The Chairman of the New Hanover County Board of Commissioners declared
the Joint Resolution adopted this the 4th day of June , 2012.
I
New Hanover County
Ted Davis, Jr., Cha' an
Board of Commissioners
ATTEST:
• I
Sheila L. Schult, Clerk to the Board
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Ted Davis,Jr.
1 0 NEW HANOVER COUNTY Chairman
Jonathan Barfiold,Jr.
0 BOARD OF COMMISSIONERS Vice-Chairman
Z Jason R.Thompson
< Commissioner
0 230 Government Center Drive, Suite 175 Brian M.B*Mer
Wilmington, NC 28403 Commissioner
Richard G.Catlin
-11 (910)798-7149 Commissioner
(910)798-7145 Fax Exhibit
www.nhcgov.com Book Xxx� Page 9 45 Shelia 7'Schult
�'-�Ierk to Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AWARD OF NEW HANOVER COUNTY LANDFILL
SCALE HOUSE REPLACEMENT PROJECT
WHEREAS, after due advertisement,bids were received and publicly opened by the Purchasing Agent at 3:00 PM,
May 14, 2012, in the New Hanover County Finance Office, Suite 165, Conference Room 500 located at 230
Government Center Drive, Wilmington NC, and the following bids were received for the New Hanover County
Landfill Scale House Replacement,RFB# 12-0309;and
Bidders Bid Amount
Lumina Builders $ 92,370
Home Headquarters $ 98,876
Bradley-Barnes $122,000
WHEREAS, Lumina Builders, Inc. is the lowest responsive, responsible bidder, submitting for the purchase and
installation of the landfill scalehouse replacement project in the amount of Ninely-two Thousand,Three Hundred
Seventy Dollars($92,370), and
WHEREAS, staff has reviewed the bid and recommends that the bid and contract be awarded to Lurr�na Builders,
Inc.
NOW,THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that RFB #12-
0309 for the purchase and installation of the Landfill Replacement Scale House and contract#12-0309 is awarded to
Lumina Builders, Inc. in the amount of Ninety-two Thousand, Three Hundred Seventy Dollars ($92,370); and
that the County Manager is hereby authorized and directed to execute contract #12-0309, contract form to be
approved by the County Attorney.
ADOPTED this the 4 1h day of June,2012.
NEW HANOVER COUNTY
0
Ted Davis,Jr., Chai
0 ,TTIEST:
Sheila L. Schult,Clerk to the Board
New Hanover County is committed to progressive public policy, superior service, courteous contact,judicious
exercise of authoft and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow
Mission Statement adopted June 20, 2011
Book
X20. Page q..0
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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,AND SUBSEQUENTLY AMENDED
y
A-403(05/12)
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:
The following language indicated in red shall be added to the Zoning Ordinance:
Section 61: Temporary Buildings/ Uses
In any zoning district temporary structures, as set forth below, which are to be used in
connection with the development and sale of a tract of land may be erected or located
;{ on said tract prior to and may remain thereof during the construction or development
period.
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61-1: Temporary buildings or trailers may be used as construction offices, field offices
or for storage of materials to be used in connection with the development of
said tract, provided that said temporary structures are removed from said tract
within thirty (30) days after completion of the project development, after
voluntary suspension of work on the project or development, after revocation or
expiration of building permit or an order by the Building Inspector upon a finding
that said temporary structure is deemed hazardous to the public health and
welfare. Such temporary buildings or trailers may not be used as a dwelling unit.
(8/7/89)
' 61-2: Temporary real estate offices or sales offices may be established in a display
s dwelling unit or temporary building provided that said offices are closed and the
'1 operation discontinued and all temporary structures and facilities are removed
from the tract upon the completion of the sale, rent or lease of ninety-five (95)
percent of the dwelling units or lot of said tract.
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61-3: No temporary buildings or trailers shall at any time be located closer than
twenty-five (25) feet to a property line of any adjacent property,
r notwithstanding the required setbacks of the zoning district in which such
temporary building or trailer is located. (9/7/76)
61-4: Temporary Uses and Activities Not Elsewhere Classified - Other temporary
activities as noted in the table below shall be permitted subject to the table of
permitted uses and a provision of adequate sanitation facilities pursuant to
f A-403 Page 1 of 2
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Health Department regulations as applicable and the requirements of the Table.
(7/6/92)
61-4.1: Process for establishing Temporary Use / Building — Approval for temporary
use/building shall follow procedures for establishing a zoning permit. Annually,
applicants shall submit a zoning permit application accompanied by a site plan
and include all pertinent information for the operation of the temporary use
/building. Parking shall be in accordance with Article VIII of the zoning ordinance.
USE DURATION PER PERMITTED DISTRICTS
CALENDAR YEAR
YaKl-sales DaY6 Atl-d-istf+sts
Christmas tree sales 45 Days All Commercial, Office, &
and pumpkin sales 6/93 Industrial Districts
Special fund raising for 3 Days 45 Days All Districts
non-profit organizations
Evangelistic and religious
assemblies not conducted 14 Days All districts
at a church
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
and reasonable and in the public interest.
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 June, 2012.
vNTY.
O ti Ted Davis,Jr.,Ch ' man
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Attest:
r'IB1ISHED� �l�
Sheila L.Schult,Clerk to the Board
A-403 Page 2 of 2
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s` AN ORDINANCE OF THE COUNTY OF NEW HANOVER
F AMENDING THE OFFICIAL ZONING MAP OF ZONING AREA 5
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED April 7, 1971 and subsequently amended
Zoning Book
CASE:Z-917,04/12 _
Section__Page-1
4
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
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Section 1. The Zoning Map of Zoning Area 5 is hereby amended by removing the hereinafter
described tracts from the R-15 Residential Classification for residential use and placing it in a
Conditional B-1 Neighborhood Business Zoning District, said land being described as follows:
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Beginning at p point in the northeastern boundary Porters Neck Road (S.R.
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1402), a 60' public right-of-way; said point being located 210.00 feet
southeasterly along the right-of-way from its intersection with the southeastern
bounds of Market Street Hwy. 17 , a public right-of-way; and runnin
N (U.S.( Y ) g
thence from the point of beginning:
North 46 007' East, 200.00 feet to a point;thence South 44 030" East, 100.00 feet
;c to a point; thence South 46 007'West, 200.00 feet to a point in the northeastern
boundary of Porters Neck Road; thence with that right-of-way, North 44 030'
West, 100.00 feet to the point and place of beginning, containing 20,030 square
feet,or 0.459 acres, more or less.
Being also described on a plat recorded among the land records of the New
f Hanover County Registry in Map Book 6, at Page 70, as Lot 1/Ralph D. Drew
division.
Section 3. An ordinance or any y part of any ordinance in conflict with this ordinance, to the
extent of such conflict, is hereby repealed.
3 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.
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Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A-
341 that the zoning map amendments of approximately 0.4591 acres from R-15 residential
district to CD(B-1) neighborhood business district is:
i
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 the Transition classification of the
2006 CAMA Land Use Plan. ;
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Reasonable and in the public interest to rezone 0.4591 acres of R-15 Residential property to
' Conditional B-1 Neighborhood Business property.
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Z-917,04/12 Page 1
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Adopted the 4th day of June, 2012.
Ted Davis,Jr.,Chairman
o
�2 Attest:
•t�?4AL15Mk� .
Sheila L.Schult,Clerk to the Board
Z-917, 04/12 Page 2
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SUP Book Page. . r
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA I
ORDER GRANTING A SPECIAL USE PERMIT
For the expansion of a construction office in a CD(B-1)Conditional Neighborhood Business
Zoning District #
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Z-917(04/12)
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The County Commissioners for New Hanover County having held a public hearing on June 4,
fi 2012 to consider application number Z-917 submitted on behalf of owner, James Burris, a
conditional zoning district and the requisite special use permit to establish a construction office
use in a Conditional District CD (B-1) Neighborhood Business Zoning District approved under
companion rezoning action, said proposal being located at 201 Porters Neck 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:
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1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 59.7 and 71-1 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
subject to the following conditions:
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.
3 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 include:
1) In accordance with Section 31 ("Rules for Interpretation of District
Boundaries") of the County's Zoning Ordinance, the proposal shall include
the right-of-way front yard width of the property along Porters Neck Road
t extending northwest to the eastern right-of-way of Porters Neck Road (see
base map); and
2) Any deed restrictions to the property being modified or released of record.
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Z-917,04/12 Page 3 {
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Adopted this 4th day of June, 2012.
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Ted Davis,Jr.,Chairm
O n Attest:
O
Sheila L. Schult,Clerk to the Board
•F�TAOLISHE���
FINDINGS OF FACT:
1. The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and
approved.
A. Public water is located along the frontage of the property. Public sewer is
located on Market Street at Porters Neck Road.
B. Fire protection is provided by New Hanover County Fire Services.
C. The property is not located within a flood hazard area.
D. An existing driveway to the structure is located off Porters Neck Road.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not
materially endanger the public health or safety.
2. The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. Conditional Zoning Districts are designed for firm development proposals
and not for tentative or speculative development.The existing structure will
be a construction business office.
B. The existing structure contains 1,476 square feet of heated floor space with
an open carport attached to the structure along with an attached
greenhouse.A storage shed is located near the northern rear portion of the
yard.A site map depicts these features.
C. Landscaping, buffering, parking, and signage are required in accordance
with the County's Zoning Ordinance.
Staff Suggestion: Evidence in the record at this time supports a finding that the use can
meet all required conditions and specifications of the Zoning Ordinance.
3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity.
A. The existing residential structure has been used as a construction office for
the past few years. No changes to the structure are planned to take place.
Z-917,04/12 Page 4
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B. No evidence has been submitted that this use will decrease property values
of residents who live nearby.
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Staff Suggestion:The evidence in the record at this time supports a finding that the use will
not materially injure the value of adjoining property.
4. The Board must find 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.
A. The 2006 Land Use Plan identifies the property as "Transition." The
"Transition" designation provides for further 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 in land utilization and public service delivery.
B. Policy 4.3 of the 2006 CAMA Land Use Plan outlines the desire to maximize
effectiveness of commercial type uses by assuring that land is available for
i commercial uses within close proximity to the markets they serve and by
ensuring that such commercial nodes do not diminish the quality of life in
nearby residential areas.
A
The proposal meets requirements for the B-1 Neighborhood Business Zoning District and
is located in a "Transition" land classification. No roadway improvements are required.
Access from the property will be limited to right-in and right-out turning movements.
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Staff suggests that the findings are positive with the following conditions:
1) In accordance with Section 31 ("Rules for Interpretation of District Boundaries)of the
County's Zoning Ordinance,the proposal shall include the road right-of-way front yard
width of the property along Porters Neck Road extending northwest to the eastern
right-of-way of Porters Neck Road (see base map)and,
2) Any deed restrictions to the property being modified or released of record.
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Z-917, 04/12 Page 5
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' COUNTY OF NEW HANOVER SUP Book v Page.�_2._A
STATE OF NORTH CAROLINA
ORDER TO ISSUE A SPECIAL USE PERMIT
Kennel in an 0&1 Office&Institutional I Zoning District
S-60S(OS/12)
The County Commissioners for New Hanover County having held a public hearing on June 4, 2012 to
consider application number 5-605 submitted by Ginger Bruton on behalf of Canady Revocable Living
Trust, to establish a kennel at 8001 Market Street, and having heard all of the evidence and arguments
presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS:
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1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section
71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance
with the plans and 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 I
$ conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED
that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following
conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in Section 72-26
of the Ordinance for the proposed use, as well as the proposed and approved site plan, and all
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other state or federal requirements.
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.
k 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. Additional Conditions:
1) Connection to Public Water; and
2) Dedication of a twenty (20) foot access easement on the subject property for
future development of a multi-use path along Market Street, consistent with the
Market Street Corridor Plan.
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Ordered this 4th day of June, 2012. a
P
n O�NTY,\ //J
Ted Davis,Jr., Chairman
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3y ' Attest:
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.; Sheila L.Schult,Clerk to the Board
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Findings of Fact:
1. The Board must find that the use will not materially endanger the public health or safety
where proposed and developed according to the plan as submitted and approved.
A. The subject property is currently billed for public sewer with CFPUA. Public water is
available; however, applicant anticipates utilizing a 5/8" meter on a well. Continuing to
use the existing well will require an Existing Use of Well Permit from Environmental
Health.
B. The route of access is Sweetwater Drive to Market Street. The ADT of Market Street,
north of Sweetwater Drive, has decreased from 39,195 (2010) to 34,402 (2011). The
Level of Service at the intersection of Market Street and Sweetwater Drive is F.
C. The subject property is located in the New Hanover County Fire Service District. Fire
extinguishers and exit signs will be required per NFPA.
D. The site is not within a flood hazard area.
E. The property is located within the S.H.O.D. and is subject to the requirements of Section
59.6.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially
endanger the public health or safety where proposed.
2. The Board must find that the use meets all required conditions and specifications of the Zoning
Ordinance.
A. The current facility is the former Canady Extermination building and as of April 17,2012
has been renovated to accommodate the Going Green Pet Spa. The applicant currently
accommodates no more than three(3)pets at one time under a Zoning Only Permit, #12-
4438.
B. The applicant wishes to increase the number of pets she is eligible to accommodate at one
time. Per the Zoning Ordinance definition of "kennel', increasing the number of pets
beyond three at one time requires a special use permit in the O&I zoning district.
C. The applicant currently has 7 designated off street parking spots, shown on the site plan,
exceeding the minimum requirement of Section 81-1, which requires 1 parking space for
each 400 square feet of gross floor area.
D. The facility has direct access onto a street that meets the minimum requirements for
acceptance and maintenance by the North Carolina Department of Transportation per
Section 72-26(1).
E. The applicant is proposing two exercise areas with four(4)to six(6) foot fencing.
F. There is not currently an outside sign for the facility,nor is one proposed per the attached
site plan. However, if one were to be added to the site it would be subject to Section 72-
26(4).
G. Buffering is proposed by the applicant to include a row of 6 foot tall wax myrtles planted
5 feet apart to mitigate impacts to the adjacent residential property consistent with 67B-
4(1). Further, the applicant is proposing to screen the dumpster from adjacent residential
property with a fence. Staff feels the buffer proposed, in addition to the distance between
the proposed kennel and adjacent residence, is substantial enough to satisfy requirement 5
of Section 72-26 of the zoning ordinance.
H. All other local, state, and federal requirements must continue to be met, including
possible property upgrades to meet building codes and fire safety codes.
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Staff Suggestion:Evidence in the record at this time supports a finding that the use meets all required
conditions and specifications of the Zoning Ordinance.
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3. The Board must find that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity.
A. The proposed use is a continuation and expansion of an existing"kennel"facility.
B. No evidence has been submitted that this project will decrease property values of
residents who live nearby
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
4. The Board must find 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.
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A. The subject property is located in an Office and Institutional (O&I)zoning district.
B. Kennel facilities are permitted by special use permit in Office and Institutional districts.
C. The 2006 Joint CAMA Plan Update shows the land classification as Transition.
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