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2012-10-15 RM Exhibits ro 3 Exhibit �� Book Page.:r�.L_ j Resolution North Carolina Governor's Highway Safety Program ' LOCAL GOVERNMENTAL RESOLUTION I WHEREAS,the New Hanover County Sheriffs Office (herein called the "Agency") g cy) (The Applkant Agency) I New Hanover County Board of Commissioners has completed an application contract for traffic safety funding;and that i (The Governing Body of the Agency) (herein called the"Governing Body")has thoroughly considered the problem Identified and has reviewed the project as described in the contract; THEREFORE,NOW BE IT RESOLVED BY THE New Hanover County Board of Commissioners IN OPEN � (Governing Body) s MEETING ASSEMBLED IN THE CITY OF Wilmington , NORTH CAROLINA, THIS DAY OF ,20 2 ,AS FOLLOWS: 1. That the project referenced above is in the best interest of the Governing Body and the general public;and 2. That New Hanover County Sheriffs Office is authorized to file,on behalf of the Governing (Name and Title or Representative) 4 Body,an application contract in the form prescribed by the Governor's Highway Safety Program for federal 225,449 i funding in the amount of$ r to be made to the Governing Body to assist in defraying (Federal Dollar Request) i the cost of the project described in the contract application;and a 39,785 3. That the Governing Body has formally appropriated the cash contribution of$ r as (Local cash Appropriation) required by the project contract; and 4. That the Project Director designated in the application contract shall furnish or make arrangement for other t appropriate persons to fumish such information,data,documents and reports as required by the contract,if 4 l approved,or as may be required by the Governor's Highway Safety Program;and i 's i 5. That certified copies of this resolution be included as part of the contract referenced above;and i 6. That this resolution shall take effect immediately upon its adoption. I DONE AND ORDERED in open meeting by ATTESTED BY O (per) �y _r DATE g •� 111tl=H 'b Rev.7/11 { a ffi Exhibit Book��' ✓Page AGENDA: October 15,2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 067 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-067 be made to the annual budget ordinance for the fiscal year ending June 30,2013. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health,Safety and Education Strategic Objective(s): Support programs to improve educational performance Fund:General Fund 1 Department: Museum/Grassroots Grant E nditure: Decrease Increase Museum/Grassroots Grant: Salaries $27,49 Contracted Services $6,315 Advertising Cost $875 e Printing $3,000 Supplies $1,154 Dues&Subscriptions $1,155 Employee Reimbursements $4 Training&Travel $1,400 Grant Match $2, Total $31045 $12,744 Revenue: Decrease Increase Museum/Grassroots Grant: Grassroots Science Grant $5,76 Appropriated Fund Balance $12,541 Total $18,301 $0 Section 2: Explanation The Cape Fear Museum has received the grant award documents for the FYI Grassroots Science grant. The award is$5,760 less than estimated.This Budget Amendment will reduce revenue and expenditures to match the actual award.Prior to actions taken at this Board of County Commissioners meeting,the Appropriated Fund balance is$10,125,410. 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 North Carolina,that the Ordinance for Budget Amendment 13-067,amending the annual budget GOV T for the fiscal year ending June 30,2013,is adopted. O \pt is 15th day of October,2012. i Jo B el , a' � '7+eusr+E Sheila L. Schult,Clerk to the Board EON p Book�WV Page..I�. � b AGENDA: October 15,2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013- 24 n a BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 2013-24 be made to the annual budget ordinance for the fiscal year ending June 30,2013. a Section 1: Details of Budget Amendment a Strategic Focus Area: Superior Public Health,Safety and Education Strategic Objective(s): Increase public safety/crime prevention Fund: Controlled Substance Tax Department: Sheriff's Office E nditure• Decrease Increase Controlled Substance Tax: Supplies $9,988 Total $0 $9,988 Revenue: Decrease Increase Controlled Substance Tax: Controlled Substance Tax $9,988 Total $0 $9,988 Section 2: Explanation To budget Controlled Substance Tax receipt of 9/19/12 for$9,988.Controlled Substance Tax is budgeted as received and must be used for law enforcement as the Sheriff deems necessary.The current balance in the Controlled Substance Tax fund is$20,594. 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 2013-24,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Go ,this 15th day of October,2012. o O _r Z a Jona an arfield,J ., an •FrTA8l1 S tltiP�� , A S Sheila L. Schult,Clerk to the Board Y NEW HANOVER COUNTY BOARD OF COMMISSIONERS EMPLOY A VETERAN WEEK EXhlblt ,'�, / d PROCLAMATION - Book i=Page _ WHEREAS, veterans in New Hanover County represent a strong and productive part of the Region's work force; and WHEREAS, traditionally, many veterans released from service begin their civilian careers here in New Hanover County; and WHEREAS, because these brave men and women have served with honor, they deserve the right and the opportunity to pursue quality employment at a competitive wage; and WHEREAS, for more than 200 years, our communities, our State and our Nation have been built with the help of veterans who served their country during peace and war to keep our democracy safe; and WHEREAS, these courageous men and women have served with honor and give our citizens a sense of pride; and WHEREAS, as employers and co-workers, it is not only appropriate, but also in our public and economic interest, to take advantage of this tremendous resource by providing employment opportunities to our veterans already in the work force, and to the number of veterans who are leaving the military; and WHEREAS, veterans have valuable skills, learned both in military and civilian life; and WHEREAS, they deserve the chance to put those skills to work here at home. NOW, THEREFORE, BE IT PROCLAIMED, by the New Hanover County Board of Commissioners, that November 5-11, 2012, be recognized as "EMPLOY A VETERAN WEEK" in New Hanover County and urge the employment of veterans by New Hanover County businesses. ADOPTED this the 15th day of October, 2012. NEW HANOVER COUNTY"g/i d J 4athaBarfiel ., Jr., Ch rman al ATTEST: ,� Sheila L. Schult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS ADOPTION AWARENESS MONTH Book Exhibi PROCLAMATION Page $•4 ` i WHEREAS, every child deserves the chance to grow up in a loving, stable family; and adoption is a beautiful way to build a family; and an estimated 52,000 children were adopted nationwide from a public agency in 2011; and WHEREAS, adoption is the goal for many special needs children in foster care; and there are an estimated 107,000 children nationwide and 582 foster children in North Carolina waiting to be adopted as of August 31, 2012; and t WHEREAS, some special needs children are teenagers, and some have physical, emotional and behavioral challenges. They are children of all races. Many have been neglected, abandoned, abused and/or exposed to drugs and alcohol. Others are brothers and sisters who want to grow up together. They need our care and they need j security; and WHEREAS, many children find permanent homes through adoption by their foster families or relatives, thereby creating an ongoing need for new foster and adoptive families; and 62 children in New Hanover County found permanence through adoption i this past year. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 2012 be recognized as Adoption Awareness Month in New Hanover County. The Board thanks all adoptive mothers and adoptive fathers for their commitment to children. Furthermore, we encourage our community to honor the 9 Y I� special needs of New Hanover County's children in hopes of securing a permanent, loving family for each and every child regardless of race, age, gender, health, emotional or behavioral condition or past distress. i ADOPTED this the 1 5 th day of October,ber 2012. r NEW HANOVER COUNTY onathan iel , JQr6hairman s ATTEST: jA Sheila L. Schult, Clerk to the Board � :axW;awia•l a.tu;do:.(3GidnYO;t•itsl.au:,;MS:S..oz;ilnt;rA;'irir,^,r:cv' in;>u:,:Uidr,,uau+.".n•a':tHn r;d,';w.nzRr•a.,.,i ddtr7saiw7u2.,'-.J.x:;,n ; v.... •' +•,• N vFw:•i4 i?i'r.••4+Iel.!f uLi)A+1trei,+a.,n.4iMn#.[l'aitn:AN.diBivd.MUiv 64w{y;}Rv.;,vr•r.y yld[rv.se5r,:a%v..iro.:.,•,,1 . '4. � `+�'ani.,m„L�1` s� r�w.._s......-✓"'�/ t r�...`•'��''� ��,;°.^,ep,�i�^F%,i'' F�+':.nr� ,,,}N":'- 4 of'*^t-'n�'�'3�.r..�;y%%�•'�j,' '• ,;, � ill �\\I,//��\\ r//��S d1,//�\1.%\\\�o�///�,d�,�/►��1°%�,ri7u�� \''� / ® Book It ✓ Page �• �;,� .' ,�� NEW HANOVER COUNTY BOARD OF COMMISSIONERS N FOOD DAY PROCLAMATION �� l► WHEREAS, the health and well-being of our citizens is of primary concern for New Hanover County; and ` WHEREAS, promoting safer, healthier diets is a critical factor in improving citizens' Ij Y 'Y overall health; and ,s f � 3 WHEREAS, supporting sustainable family farms and local agriculture benefits the �rN local economy; and , ;; WHEREAS, obtaining fair pay and safe conditions for food and farm workers is /I" beneficial for both the producer and consumer so that the food we produce and consume \`i!R4,11 4 is safe and fair for all; and �!r; WHEREAS, expanding access to food and reducing hunger is of critical importance to aid those who live in food deserts. i i'• NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of li .� Commissioners that October 241h be recognized as "Food Day" in New Hanover County. th t ' ADOPTED this the 15 day of October, 2012. E 11�'i� �r11 i NEW HANOVER COUNTY 'F a onatGn fi ld Chairman � F t 4 ATTEST: w� Sheila L. Schult, Clerk to the Board ' ��`; ��?: ////�"\��///r►� ��_///r.��\�%//h':�\�j///��;'I�///_i.T��\_�/1/1� ��\\� 'r:��%,�.\��/ I"t\\\Q►►i �!;` ® r 0';�t� �li�t, E Bok 11 oPage If. Jonathan Barfield,Jr. GOVNTY.� NEW HANOVER COUNTY Chairman op BOARD OF COMMISSIONERS Jason R.Thompson Vice-Chairman O C� 230 GOVERNMENT CENTER DRIVE,SUITE 175 Brian M.Berger z WILMINGTON, NC 28403 Commissioner f O (91 O)798-7149 Richard G.Catlin 1 3 Commissioner u� 2 (91 O)798-7145 FAX WWW.NHCGOV.COM I Shelia L.Schuft Clerk to the Board •�JTABuslif \� BALD EAGLE LANE WATER SYSTEM EXTENSION FINAL ASSESSMENT RESOLUTION WHEREAS,the New Hanover County Board of Commissioners has determined that it may be in the best interest of the County to sponsor an extension of public water and that in order to construct such project, it would be necessary to assess all of the costs thereof upon the real property benefitted thereby; and WHEREAS, a public hearing on all matters covered by this Resolution was held at 9:00 a.m. on the 15`h day of October 2012, in Assembly Room 301 of the New Hanover County Courthouse located at 24 North Third Street,Wilmington,NC 28401. NOW,THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners,that: 1. It is intended that a project be constructed to extend public water to Bald Eagle Lane and the area of Futch Creek Road between Bald Eagle Lane and Saint Ives Place that is located along the waterway, as more specifically set forth in Attachment A. 2. One hundred percent of the net cost of the project shall be assessed against the benefitted properties. 3. The basis for making the assessment against the benefitted properties of the Bald Eagle Lane area will be the number of lots served, or subject to being served at an equal rate per lot, as allowed by N.C.G.S. 153A-186(a). 3 { The assessment herein provided for shall be payable in cash, or if any property owner shall so elect, he shall have the option of paying the assessment in three equal annual installments, said installments to bear interest at a rate of 2%per annum. ADOPTED this the 15`h day of October, 2012. NEW HANOVER COUNTY 0 NTY. I O n Iod-a—tfian Barfi , r., dairman � o EST: Sheila L. Schult, Clerk to the Board New Hanover County is committed to progressive public policy,superior service,courteous contact,judicious exercise of authority,and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. Adopted 612012011 Preliminary Resolution Appendix A Address 8000 BALD EAGLE 8002 BALD EAGLE 8004 BALD EAGLE 8005 BALD EAGLE { 8008 BALD EAGLE 8009 BALD EAGLE 8012 BALD EAGLE 8013 BALD EAGLE 8016 BALD EAGLE F 8017 BALD EAGLE 8020 BALD EAGLE 8024 BALD EAGLE 8025 BALD EAGLE 8029 BALD EAGLE 8032 BALD EAGLE 8033 BALD EAGLE y 8036 BALD EAGLE 8037 BALD EAGLE 8038 BALD EAGLE 8039 BALD EAGLE 8040 BALD EAGLE 8041 BALD EAGLE 8044 BALD EAGLE 8048 BALD EAGLE 80501 BALD EAGLE 8100 BALD EAGLE 8101 BALD EAGLE 8103 BALD EAGLE 8104 BALD EAGLE 8105 BALD EAGLE 4 8112 BALD EAGLE 8113 BALD EAGLE 8116 BALD EAGLE 8117 BALD EAGLE 8120 BALD EAGLE 8121 BALD EAGLE 8124 BALD EAGLE 8125 BALD EAGLE 8128 BALD EAGLE 8129 BALD EAGLE 8132 BALD EAGLE 8133 BALD EAGLE 8136 BALD EAGLE 8140 BALD EAGLE i I 8200 BALD EAGLE Board of Commissioners Meeting 10/15/2012 12-3-1 Preliminary Resolution Appendix A 8201 BALD EAGLE 8204 BALD EAGLE 8205 BALD EAGLE 8206 BALD EAGLE 8208 BALD EAGLE 8209 BALD EAGLE 8212 BALD EAGLE 8213 BALD EAGLE 8216 BALD EAGLE 8217 BALD EAGLE 8220 BALD EAGLE 8221 BALD EAGLE 8224 BALD EAGLE 8225 BALD EAGLE 8228 BALD EAGLE 8229 BALD EAGLE 8232 BALD EAGLE 8233 BALD EAGLE 8236 BALD EAGLE 8300 BALD EAGLE 8301 BALD EAGLE 8304 BALD EAGLE 8305 BALD EAGLE ' 8308 BALD EAGLE 8309 BALD EAGLE 8312 BALD EAGLE 8313 BALD EAGLE 8316 BALD EAGLE 8317 BALD EAGLE 8320 BALD EAGLE 8321 BALD EAGLE 8324 BALD EAGLE 8325 BALD EAGLE 8328 BALD EAGLE 8329 BALD EAGLE 8332 BALD EAGLE 8333 BALD EAGLE 8336 BALD EAGLE 83371 BALD EAGLE 8340 BALD EAGLE 8341 BALD EAGLE 8344 BALD EAGLE 8345 BALD EAGLE 8400 BALD EAGLE 8401 BALD EAGLE 8405 BALD EAGLE Board of Commissioners Meeting 10/15/2012 12-3-2 Preliminary Resolution Appendix A 8408 BALD EAGLE 8409 BALD EAGLE 8412 BALD EAGLE 8413 BALD EAGLE 8416 BALD EAGLE 8417 BALD EAGLE 8420 BALD EAGLE 8421 BALD EAGLE 8423 BALD EAGLE 8424 BALD EAGLE 8428 BALD EAGLE 8429 BALD EAGLE 8432 BALD EAGLE 8433 BALD EAGLE 8436 BALD EAGLE 8437 BALD EAGLE 8441 BALD EAGLE 8444 BALD EAGLE 8445 BALD EAGLE 8448 BALD EAGLE 8449 BALD EAGLE 8500 BALD EAGLE 8504 BALD EAGLE 8505 BALD EAGLE 8507 BALD EAGLE 8508 BALD EAGLE 8509 BALD EAGLE 8511 BALD EAGLE 8512 BALD EAGLE 8513 BALD EAGLE 8516 BALD EAGLE 8517 BALD EAGLE 8520 BALD EAGLE 8521 BALD EAGLE 8524 BALD EAGLE 8525 BALD EAGLE 8528 BALD EAGLE 8529 BALD EAGLE 8532 BALD EAGLE 85331 BALD EAGLE 8536 BALD EAGLE 8537 BALD EAGLE 8540 BALD EAGLE 8541 BALD EAGLE 8543 BALD EAGLE 8545 BALD EAGLE Board of Commissioners Meeting 10/15/2012 12-3-3 i Preliminary Resolution Appendix A 3 d 8600 BALD EAGLE 8601 BALD EAGLE 8604 BALD EAGLE 8605 BALD EAGLE 8608 BALD EAGLE i 8609 BALD EAGLE 8612 BALD EAGLE 8613 BALD EAGLE 8616 BALD EAGLE 8617 BALD EAGLE 8620 BALD EAGLE 8621 BALD EAGLE 8624 BALD EAGLE 86251 BALD EAGLE 8628 BALD EAGLE 8629 BALD EAGLE 8632 BALD EAGLE 8633 BALD EAGLE 8700 BALD EAGLE 8701 BALD EAGLE 8704 BALD EAGLE 8705 BALD EAGLE 8708 BALD EAGLE 8709 BALD EAGLE 8712 BALD EAGLE 8713 BALD EAGLE 8716 BALD EAGLE 8717 BALD EAGLE 8720 BALD EAGLE 8721 BALD EAGLE 8724 BALD EAGLE 8725 BALD EAGLE 8728 BALD EAGLE 8729 BALD EAGLE 8732 BALD EAGLE 8733 BALD EAGLE 8736 BALD EAGLE 8737 BALD EAGLE 8740 BALD EAGLE 8741 BALD EAGLE 8748 BALD EAGLE 8744 BALD EAGLE 1513 FUTCH CREEK 1517 FUTCH CREEK ! 1521 FUTCH CREEK 1525 FUTCH CREEK 9 Board of Commissioners Meeting 8 10/15/2012 12-3-4 1 Preliminary Resolution Appendix A 1601 FUTCH CREEK 1605 FUTCH CREEK 1609 FUTCH CREEK 1613 FUTCH CREEK 1617 FUTCH CREEK 1621 FUTCH CREEK 1625 FUTCH CREEK 1625 FUTCH CREEK 1633 FUTCH CREEK 17011 FUTCH CREEK 1705 FUTCH CREEK 1709 FUTCH CREEK 1713 FUTCH CREEK 1717 FUTCH CREEK 17211 FUTCH CREEK 1725 FUTCH CREEK 1729 FUTCH CREEK 1733 FUTCH CREEK 1801 FUTCH CREEK 1805 FUTCH CREEK 1809 FUTCH CREEK 1813 FUTCH CREEK 1817 FUTCH CREEK 1821 FUTCH CREEK 1825 FUTCH CREEK Board of Commissioners Meeting 10/15/2012 12-3-5 Zoning Book —L Section Page—�°-9-- 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-922,08/12 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area 5 is hereby amended by removing the hereinafter described tracts from the B-2 Highway Business and placing it in a Conditional R-10 Residential Zoning District,said land being described as follows: Beginning at an existing iron rebar located in the southeastern R/W line of U.S. Highway 17/Market Street (100' Public R/W) at its intersection with the southwestern line of the now or formerly Saunders Tract as recorded at Book 2491 Page 0825, New Hanover County Registry; said beginning point also being the northeast corner of the Tract A, Three Oaks Division as recorded at Map Book 47 Page 42, New Hanover County Registry;thence from said beginning point along and with the southwestern line of the Saunders Tract South 46 degrees 40 minutes 09 seconds East a distance of 105.08 feet to an existing iron rebar being the I southernmost corner of the Saunders Tract; thence along and with the southwestern line of now of formerly Fox Tract as recorded at Book 981 Page 680, New Hanover County Registry South 46 degrees 32 minutes 09 seconds East a distance of 84.94 feet to a point; thence continuing along and with the southwestern line of Fox Tract South 46 degrees 32 minutes 09 seconds East a distance of 1030.53 feet to an existing iron pipe located in the western line of the now or formerly Hardee Tract as recorded at Book 1218 Page 1039, New Hanover County Registry; thence along and with the western line of the Hardee Tract South 45 degrees 36 minutes 39 seconds West a distance of 28.18 feet to an Old "MB" stone;thence continuing along and with the western line of the Hardee Tract South 47 degrees 54 minutes 47 seconds West a distance of 395.63 feet to a point;thence South 47 degrees 54 minutes 47 seconds West a distance of 64.52 feet to an existing iron pipe located in the northern line of the now or formerly Pennington Tract as recorded at Book 1524 Page 0491, New Hanover County Registry;said pipe being the westernmost corner of the now or formerly Hardee Tract; thence along and with the western line of the Pennington Tract South 48 degrees 04 minutes 25 seconds West a distance of 246.72 feet to an existing iron pipe; thence North 36 degrees 04 minutes 25 seconds West a distance of 246.72 feet to an existing iron pipe thence North 36 degrees 04 minutes 00 seconds East a distance of 150.02 feet to an existing iron pipe located in the southwestern line of now or formerly Howell Tract as recorded at Book 829 Page 307, New Hanover County Registry; thence along and with the southeastern line of now or formerly Howell Tract North 36 degrees 13 minutes 32 seconds East a distance of 149.76 feet to an existing iron pipe located in the northeastern line of Howell Tract; thence along and with the northeastern line of Howell Tract North 58 degrees 06 minutes 39 seconds West a distance of 657.02 feet to an existing iron pipe located in the southeastern line of the now or formerly Cape Fear Marine Group Tract as recorded at Book 4888 Page 0091,New Hanover County Registry;thence along and with the southeastern line of Z-922, 08/12 Page 1 u ; the Cape Fear Marine Group Tract as recorded at Book 4888 Page 0091 the following courses and distances; North 46 degrees 12 minutes 50 seconds East a distance of 152.58 feet to an existing iron pipe;thence North 46 degrees 13 minutes 46 seconds East a distance of 92.56 feet to an existing iron pipe located at the northeast corner of the Cape Fear Marine Group Tract as recorded at Book 4888 Page 0091, New Hanover County Registry; said point also being located in the southwestern corner of Tract B, Three Oaks Division as recorded at Map Book 47 Page 42,New Hanover County Registry;thence along and with the northeastern line of the Cape Fear Marine Group Tract the following courses and distances; North 45 degrees 15 minutes 57 seconds West a distance of 355.15 feet to a point; thence North 45 degrees 16 minutes 18 seconds West a distance of 134.25 feet to an existing iron rebar located in the southeastern R/W line of U.S. Highway 17/Market Street (100' Public R/W); thence along and with the southeastern R/W line of U.S Highway 17/Market Street North 42 degrees 36 minutes 44 seconds East a distance of 311.44 feet to the Point of Beginning, containing 11.87 Acres, more or less and being Tract A and Tract B of the Three Oaks Division as recorded at Map Book 47 Page 42,New Hanover County Registry. 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 11.87 acres from B-2 Highway Business District to CD(R-10) Residential District is: Consistent with the purposes and intent of the Conditional Use District outlined in section 59.7-1 and High Density Development outlined in Section 69.4 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 11.87 acres of B-2 Highway Business property to Conditional Use R-10 Residential property. Adopted the 15th day of October,2012. G011NT V.� nathan Wild,Jr.Chairman 0 S. q: n - p Sheila L.Schult,Clerk to the Board �Z a2 Z-922,08/12 Page 2 SUP Book L✓ Page I COUNTY OF NEW HANOVER z STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For the expansion of a High Density Residential Development in a CD(R-10)Residential Zoning District Z-922(08/12) The County Commissioners for New Hanover County having held a public hearing on October 15, 2012 to consider application number Z-922 submitted on behalf of owner, Tom Tucker,Three Oaks Property, LLC, a conditional zoning district and the requisite special use permit to expand a High Density Residential Development use in a Conditional Use District CD (R-10) Residential Zoning District approved under companion rezoning action, said proposal being located at 7740 Market Street and 115 Amaryllis Drive, 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, 69.4, 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. I 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 z 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 I conditions hereinafter stated. D. Additional Conditions include: 1) The owners construct a sidewalk along the Market Street frontage of the subject properties, providing connection with the internal sidewalks and adjacent services, consistent with the Market Street Corridor Plan and Section 676-3 of the New Hanover County Zoning Ordinance;and 2) Documentation of an encroachment agreement with Progress Energy with regard to the placement of proposed Building 10. 3 d 3 Z-922, 08/12 Page 3 Adopted thisl5th day of October, 2012. G�UNTY.� athan Barfie ,J ., rman 0 ti Attest: Sheila L.Schult,Clerk to the Board 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. Water and sewer are currently provided by CFPUA to the developed property, located at 115 Amaryllis Drive and currently capacity is available to service additional units, located at 7641 Market Street. C. As of December 2011 counts,the ADT of Market Street,between Alexander Road and Amaryllis Drive has a volume of 43,275vpd; however,the capacity of the road is 43,700 vpd.Therefore,the LOS for the portion of Market Street fronting the subject properties is E, meaning the roadway is operating at design capacity and traffic is experiencing delays at intersections.The traffic impact worksheet,provided by the applicant, estimates the additional 45 units will produce an AM peak of 23 trips and a PM peak of 28 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. The proposal is to accommodate the addition of three buildings and 45 residential units to an existing apartment complex, identified as The Apartments at Three Oaks.The additional one bedroom units will be constructed in three new buildings,totaling 30,000 gross square feet.The applicant is also adding ninety parking spaces to accommodate the new units,consistent with Section 81-1 of the zoning ordinance. B. The proposal is located within the Special Highway Overlay District and development; however,due to the residential nature of the proposal, it will not be subject to the standards outlined in Section 59.6 of the Zoning Ordinance. C. A community meeting was held on April 26,2012 at 6 pm in the club house of the Park at Three Oaks.All adjacent property owners were notified of the meeting; however,in attendance were the President of the Cape Fear Marine Group and three individuals from the LMC group, Inc. Discussions focused on water and sewer capacity.A second community meeting was held to accommodate tenants on Thursday,September 13 at 6 pm in the clubhouse of the Park at Three Oaks. Nine Z-922,08/12 Page 4 leaseholders were in attendance. Discussions focused on construction, unit specifications,and traffic. 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. 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 Update identifies the subject properties as Transition and Watershed Resource Protection. The Watershed Resource Protection area is the portion of the property that is already developed.All new development would be contained within the Transition area. B. The 2006 CAMA Land Use Update encourages intensive urban development on lands that are classified as Transition. Further, Policy 5.7 states the need to preserve the character of the area's existing residential neighborhoods and quality of life. C. Chapter 4 of the Market Street Corridor Plan acknowledges future development of the subject site as a multifamily suburban neighborhood and encourages building orientation toward the interior of the site with landscaped buffers between surrounding development. D. Chapter 6 of the Market Street Corridor Plan calls for the installation of sidewalks the entire length of the corridor, between Colonial Drive and Porters Neck Road. Z-922,08/12 Page 5