2012-07-02 RM Exhibits Exhibit
Book� Page
AGENDA: July 2,2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 2013- 04
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 2013-04 be made to the annual budget ordinance for the fiscal year
ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth/Economic Development
Strategic Objective(s): Build/maintain infrastructure
Fund:$35.5M Bond
Department:$35.5M Park&Rec.Bond-County
E nditure• Decrease Increase
Capital Project Expense $287,817
Total $0 $287,817
Revenue: Decrease Increase
NC Grant Parks and Recreation Trust Fund $287,817
Total $0 $287,817
Section 2: Explanation
Seek approval to accept a grant from the Parks and Recreation Trust Fund(PARTF)in the amount of
$287,817.These monies will be used to fund a portion of the purchase price for the 33-acre tract of land
for Castle Hayne Park.The land was purchased with Parks Bond monies in 2011.On January 18,2011,
the Board of Commissioners granted approval for submission of the grant.The local match requirement is
satisfied by land that was already purchased.
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 2013-04,amending the annual budget
ordinance for the fiscal year ending June 30,2013,is adopted.
vNTY. ted,this 2nd day of July,2012.
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O Ted Davis,Jr.,chairA&aW '
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a` .Schult,Clerk to the Board
Exhibit
Book { V page 1
AGENDA: July 2,2012
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13- 001
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 13-001 be made to the annual budget ordinance for the fiscal year
ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth/Economic Development
Strategic Objective(s): Innovate programs to protect the environment
Fund:Room Occupancy Tax Fund
Department:
E nditure• Decrease Increase
Intergovernmental Expenditure $1,164,100
Total $0., $1,164,100
Revenue: Decrease Increase
Appropriated Fund Balance $1,067,156
Inter ovenmental Revenue $96,944
Total $011 $1,164,100
Section 2: Explanation
Kure Beach is scheduled to have its beach renourished in fiscal year 2013.The state is not providing
funding for this renourishment.The interlocal agreement between the beach towns and the County
specifies that the beach towns will provide 17.5%of the total cost of the renourishment project in the
absence of state funding.The County will provide a loan to Kure Beach to provide its 17.5%,which will
be paid back over a 15-year period at 3%interest.
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 13-001,amending the annual budget
ordinance for the fiscal year ending June 30,2013,is adopted.
dopted,this 2nd day of July,2012.
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Ted Davis,Jr.,Cha'
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Sheila L. Schult,Clerk to the Board
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Zoning Book_______
Section�.._P�►9e-�--
1 AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE OFFICIAL ZONING MAP OF ZONING AREA 5
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 6, 1971 and subsequently amended
CASE:Z-921,06/12
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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 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 0&1 Office and Institutional Zoning District,said land being described as follows:
Being a tract of land located in Harnett Township, New Hanover County, North
Carolina being more particularly described as follows: beginning at an iron rod lying
in the western right of way of Market Street (U.S. Highway#17-100' public right of
way) said iron being located North 45 degrees 43 minutes 30 seconds East 213.36
feet from a found iron rod marking the intersection of the western right of way line
of Market Street and the northern right of way line of Greenview Drive (60' public
right of way), running thence with the northern line of lands of Christ's Sanctified
Holy Church (Tract 2) as depicted upon a plat prepared by Southern Land Services
for Dewey L. Bordeaux, Jr. and recorded in map book 31, page 264 of the New
Hanover County Register of Deeds office thence from said beginning point so
located North 54 Degrees 30 minutes 42 seconds West 293.50 feet to a found iron
rod in the eastern line of lands of Allie G. Moore,said lands being described in deed
# book 1520, page 782 of said Register of Deeds office,thence with a southern line of
the aforementioned Tract 2 South 36 degrees 03 minutes 46 seconds West 10.00
feet to a found iron rod marking the southernmost corner of the Allie Moore lands,
thence with the southern line of said Moore lands North 54 degrees 33 minutes 51
seconds West 213.47 feet to a found iron pipe, thence with the western line of the
Allie Moore tract and the eastern line of lands conveyed to Teresa J. Bigford in deed
book 1652, page 111 of said Register of Deeds office North 35 degrees 27 minutes
05 seconds East 190.12 feet to an iron rod marking the northernmost corner of the
Allie Moore tract, thence with the northern line of said tract and a southern line of
Tract B-R as depicted on a map entitled "Map of Reconfiguration-Tracts A & B and
Division of Tract A," said map being recorded in map book 50, page 336 of said
Register of Deeds office South 54 degrees 35 minutes 14 seconds East 213.67 feet
to a bent iron pipe marking the easternmost corner of the Allie Moore tract,thence
with the western line of lands of Christ's Sanctified Holy Church as described in
adeed book 1569, page 535 South 35 degrees 32 minutes 38 seconds West 80.14 feet
t to an existing iron pipe, thence with the southern line of Christ's Sanctified Holy
Church tract South 54 degrees 29 minutes 21 seconds East 65.14 feet to a found
iron pipe, thence with the lands of 7643 Market Street, LLC as shown on a map
recorded in map book 50, page 336 South 54 degrees 31 minutes 15 seconds East
:
246.53 feet to a found iron rod in the western right of way line of Market Street,
thence with said right of way line South 45 degrees 43 minutes 30 seconds West
s 101.69 feet to the point of beginning, containing 1.627 acres more or less and being
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all of that tract conveyed to Shellington Properties Inc. by deed as recorded in deed
book 5617, page 2590 and all of the Allie Moore tract as described in deed book
Z-921, 06/12 Page 1
1520, page 782 all as recorded in the New Hanover County Register of Deeds office,
the above described Allie Moore tract being subject to a 10.0 foot wide utility
easement in favor of Christ's Sanctified Holy Church and being together with a 20
foot wide access and utility easement over the southern 20 feet of the lands of
Teresa J. Bigford, said easement running from the western line of the Allie Moore
tract to the eastern right of way line of Bertha Road and being more fully described
in deed book 1652, page 111,the above described Shellington Properties, Inc. tract
also being subject to an easement in favor of AT&T Communications as described in
deed book 1435 page 741, said easement encompassing all of that portion above
described tract which was in the former right of way of CSX Railroad.
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 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 the zoning map amendments of approximately 1.627 acres from R-15 residential district to CD
(0&1)office and institutional 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 the Transition classification of the 2006 CAMA
Land Use Plan.
Reasonable and in the public interest to rezone 1.627 acres of R-15 Residential property to
Conditional 0&1 Office and Institutional property.
Adopted the 2nd day of July,2012.
Ted Davis,Jr.,Ch an
Attest:
Sheila L.Schult,Clerk to the Board
Z-921, 06/12 Page 2
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SUP Book, Page 42)
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
i ORDER GRANTING A SPECIAL USE PERMIT
For the construction of an office park in a CD(0&1)Office and Institutional Zoning District
Z-921(06/12)
The County Commissioners for New Hanover County having held a public hearing on July 2, 2012 to
consider application number Z-921 submitted on behalf of owner, Shellington Properties, Inc. a
conditional zoning district and the requisite special use permit to establish an office park use in a
Conditional District CD (0&1) Office and Institutional Zoning District approved under companion
y rezoning action,said proposal being located at 7627 and 7633 Market Street, and having heard all of
's
j 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 71-1 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.
a 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
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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
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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 include:
1) Dedication of a 20' access easement along Market Street, for future
development of a pedway,consistent with the Market Street Corridor Plan.
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Adopted this 2"d da 1 ,2012.
:� vNTY'N
Ted Davis,Jr.,Cha an
Attest:
Sheila L. Schult,Clerk to the Board
Z-921, 06/12 Page 3
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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. Fire Service is provided by New Hanover County Fire Services.
B. Service is not currently provided to either of the subject properties; however, water is
available and new construction would be required to extend to the sewer line, located
500 feet from the subject parcels per CFPUA ordinance.
C. As of December 2011 counts, the ADT of Market Street, north of Alexander Road has a
volume of 45,105vpd; however, the capacity of the road is 43,700 vpd. Therefore, the
LOS for the portion of Market Street fronting the subject properties is F, meaning the
traffic counts exceed the capacity of the roadway. The traffic impact worksheet,
provided by the applicant, estimates development of the professional office park will
produce an AM peak of 22 trips and a PM peak of 21 trips. Therefore, a traffic impact
analysis is not required.
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 development. A three phase office park, containing three two-story
buildings, totaling 14,400 square feet of office space and a one story,2,200 square
foot , accessory building will not have a significant adverse impact on the adjacent
church to the southeast and existing office park to the northeast . Further, the
applicant proposes a 20 foot landscaped buffer, along the northern border of parcel
II, mitigating any potential negative impacts to the adjacent single family residence.
B. The applicant received a variance on April 24, 2012 from Section 67B-1(1),width of
buffer strips. The Zoning Ordinance requires a twenty foot buffer between non-
residential uses and any residential use or district.The applicant was approved for a
reduction of ten feet along the western border of the property, adjacent to the
church site.
C. Signage will be required to satisfy the sign standards as specified in both Section
59.1.4 and 59.6-6 of the Zoning Ordinance.
D. The proposal is located within the Special Highway Overlay District and
development will be subject to the standards outlined in Section 59.6 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. No evidence has been submitted that this project will decrease property values of
residents who live nearby.
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z 4. The Board must find that the location and character of the use if developed according to
t the plan as submitted and approved will be in harmony with the area in which it is to be
t located and in general conformity with the plan of development for New Hanover County.
A. The 2006 Land Use Plan Update identifies the subject properties as Transition. The
transition designation is to provide for further intensive urban development on
lands that have been or will be provided with necessary urban services.The location
F 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 Update outlines the desire to maximize
effectiveness of commercial uses by assuring that land is available for commercial
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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.
C. Chapter 6 of the Market Street Corridor Plan suggests there is adequate right-of-
way on the northern side of Market Street to provide an eight-foot sidewalk
between Military Cutoff Road and Porters Neck Road.
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