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2012-11-13 RM Exhibits Exhibit �������� pa$e�.;.�.. AGENDA: November 13,2012 Book-�Lyd NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 093 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-093 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): Provide health/wellness education,programs,and services Understand/act on citizen needs Fund: General Fund Department:Health/NC Asthma Program Expenditure: Decrease Increase Health/NC Asthma Program: Advertising Cost $8,420 Printing $150 Supplies $3,350 Total $0 $11,920 Revenue: Decrease Increase Health/NC Asthma Program: Grant-State-NC-ELAE program $11,920 Total $0 $11920 Section 2: Explanation To budget grant award of$11,920 from the North Carolina Department of Health and Human Services, Dvision of Public Health,for the continuation of the North Carolina Enhancing Local Asthma Efforts (ELAE)program.These funds will be used to promote a public awareness campaign,implement the Air Quality Flag initiative,and for educational curriculum and resource guides for area day care centers.No new County positions will be created and no County matching funds are required. 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 13-093,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 13th day of November,2012. GOVNTY.� (S O O Jo Barfield,Jr air yy a M Sheila L. Schult,Clerk to the Board 1 Exhibit .t✓ AGENDA: November 13,2012 Book Page NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 076 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-076 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): Increase public safety/crime prevention Keep the public informed on important information Fund:General Fund Department:Sheriffs Office/Support Services/Administration E enditure: Decrease Increase Sheriffs Office/Support Services: Salaries and Wages $23,703 Social Security Taxes $1,813 Retirement-Local Government Employee $1,605 Retirement-401 K $1,185 Medical Insurance Expense $5,240 Long Term Disability Insurance $47 Total $0 $33,593 Revenue: Decrease Increase Sheriffs Office/Administration: Contract#13-0134-CFCC $33,593 Total $0 $33,593 Section 2: Explanation The Sheriffs Office is requesting one additional Deputy position to provide law enforcement security at Cape Fear Community College/North Campus for all students,facility and staff during the academic year, including registration periods as needed.Cape Fear Community College will reimburse the County for this Deputy position's salary and fringe benefits. 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 13-076,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 13th day of November,2012. vSTY.� 0 `a n Jona B e ,7 h 3 `y2 u ,Clerk to the Board •F�AAi1MgF�� s 1 Exhibit Book Page M ri C0 li ^ � N Ui st 'MV C^1 ^ cn N cq m Ln 00 M y r♦ n n M to t0 ^ 01 m r-i r♦ r1 N m N N m 00 n M M w w 0 tp 00 0 r-1 le rl 0 ^ 00 0 O (n C tRt N rl M tD to �W r�i M n m ... 00 C 00 N i- CA ri ri O 610 ui tri 0 ri ^ 0 in v► in v► v� v> v> in in in in in v> v> •tn An 1� ^ lD O N rl V-1 0 N r1 'fit m N t0 N Ln O mt w 00 00 01 to r-1 1N t0 1� O N 1� q n O N N r�i O0 O0 V1 Oct� 41 00 N ^ 00 V^-I L1 r4 M N M to M u 00 01 00 to .... N M Ln to M VV-1 N tt -it m O M rA > N N rl ri 00 > N N N L.. 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V Li c c C iA A C fV m aJ V O A p O M r0 �„ N .0 O m V 8 QO co U d m Ln V 0 W 01 �+ N H of ++ by C >- N = 0 K C - _ � C v O 10 O C O_ d O O 4) 4.0 ate. ` ar ' +j LO ` V w 4� m i5 Q `ou �zu � a a ° ° L o Q : Y Exhibit AGENDA: November 13,2012 Book�X L/,page ft 5c1, NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 054 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-054 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 t Strategic Objective(s): Support programs to improve educational performance Fund:General Fund Department:Library/Partnership For Children E nditure: Decrease Increase Library/Partnership For Children: Salaries and Benefits $21,677 Printing $300 Supplies $6,650 Employee Reimbursements $900 Training and Travel $300 Total $21,677,1 $8,150 Revenue: Decrease Increase Library/Partnership For Children: Grant- State-Smart Start $13,527 Total $13,5271, $0 Section 2: Explanation The FY12-13 adopted budget for the Smart Start Growing Readers and Raising a Reader programs was estimated.The grant awards have been made and this budget amendment adjusts the County's budget to match the award.This grant requires no County cash match. 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 13-054,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. � 1d16 to this 13th day of November,2012. o (SE -1- 9 O 3� 2 JonaA Barfield, , 2 a Sheila L. Schult,Clerk to the Board Exhibi AGENDA: November 13,2012 Book Page ( . ;b NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 078 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-078 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): Increase public safety/crime prevention Fund:General Fund Department: Sheriff's Office/Uniform Patrol E nditure• Decrease Increase Sheriffs Office/Uniform Patrol: Training and Travel $20,000 Total $0 $20,000 Revenue: Decrease Increase Sheriffs Office/Uniform Patrol: Grant-Federal-NC(GHSP) $20,000 Total $0 $20,000 Section 2: Explanation To budget grant award of$20,000 from the North Carolina Governor's Highway Safety Program for travel reimbursements for Sheriffs Office personnel who will assist in the"Booze It and Lose It"and"Click It or Ticket" campaigns in Region 2.There is no County match and no new positions will be added for this program.Approval to apply for these grant funds was granted at the April 16,2012 Board of County Commissioners meeting. 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 13-078,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 13th day of November,2012. O uNTY.� SE G � O O n Jona Barfield, fi P, Sheila L. Schult,Clerk to the Board Exhibit � .��Page �q��-- AGENDA: November 13,2012 Book NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 079 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-079 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): Increase public safety/crime prevention Fund:General Fund Department:Sheriff's Office/Uniform Patrol E nditure: Decrease Increase Sheriffs Office/Uniform Patrol: Supplies $950 Capital Outlay-Equipment $13,000 Capital Outlay-Motor Vehicle $5,000 Total $0 $18,950 Revenue: Decrease Increase Sheriffs Office/Uniform Patrol: Grant-Federal-NC(GHSP) $18,950 Total 1 $0 11 $18,950 Section 2: Explanation To budget grant award of$18,950 from the North Carolina Governor's Highway Safety Program for DWI Checkpoint Equipment.There is no County match and no new positions will be added for this program. Approval to apply for these grant funds was granted at the April 16,2012 Board of County Commissioners meeting. 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 13-079,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 13th day of November,2012. O 04TY.N (SE O Cy' O Jon an arfield, h _r q. Sheila L.Schult,Clerk to the Board s Exhibit a Book)WV Page 1-9.57d- AGENDA: November 13,2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 080 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-080 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): Increase public safety/crime prevention Fund: General Fund Department: SheriWs Office/Uniform Patrol E nditure: Decrease Increase Sheriffs Office/Uniform Patrol: Uniforms-Purchase $10,642 Contingencies $5,321 Total $5,321 $10,642 Revenue: Decrease Increase Sheriffs Office/Uniform Patrol: Grant-Federal-Bureau of Justice Assistance $5,321 Total 1 $ $5,321 Section 2: Explanation To budget grant award of$5,321 from the Bureau of Justice Assistance to purchase bulletproof vests for Sheriffs Office personnel.The General Fund Contingency funds will be used for the 50%County match. Approval to apply for these grant funds was granted at the July 23,2012 Board of County Commissioners meeting.Prior to actions taken at this Board of County Commissioners meeting,the Contingencies balance is$535.000. 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 13-080,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 13th day of November,2012. •do �, O n JonjKn Barfield,Jr, i P O 2 Shei a . Schult,Clerk to the Board Exhibit Book2MV page. e.. AGENDA: November 13,2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 087 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-087 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): Increase public safety/crime prevention Fund:General Fund and Federal Forfeited Property Fund Department:Sheriffs Office/Uniform Patrol E nditure: Decrease Increase Sheriffs Office/Uniform Patrol: Salaries and Wages $6,863 Social Security Taxes $526 Retirement-Local Government Employee $474 Retirement-401K $342 Medical Insurance Expense $3,468 Long Term Disability Insurance $15 Training and Travel $6,000 Total $ $17,688 Revenue: Decrease Increase Sheriffs Office/Uniform Patrol: Appropriated Fund Balance $168,93 Grant-Federal-NC GHSP $146,840 Transfer from FFP Fund $39,785 Total $168,937 $186,625 Section 2: Explanation To reconcile the actual second year funding award of$265,234($225,449 Federal and$39,785 Local)to the FY 12-13 adopted budget.Grant is from the North Carolina Governor's Highway Safety Program for DWI/Speed Enforcement.The Local Government Resolution was approved by the Board of County Commissioners at their October 15,2012 meeting. 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 13-087,amending the annual budget ordinance for the fiscal year ending June 30,2013, is adopted. ted,this 13th day of November,2012. p04TY'N G (SEI ) Or Jonathan arfield,Jr., n O _r 3�2 a2 Schult,Clerk to the Board Exhibit Book ✓.page AGENDA: November 13,2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 082 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-082 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): Understand/act on citizen needs Fund: General Fund Department:Parks,Gardens and Senior Resource Center/Independent Life Services E nditure• Decrease Increase Parks,Gardens&SRC/Inde endent Life Srvcs: Transportation grant expenditures $3,965 Total $3,%5 $0 Revenue: Decrease Increase Parks,Gardens&SRC/Independent Life Srvcs: Transportation grant revenue $3,965 Total 1 $3,965 $0 Section 2: Explanation The NC Department of Transportation has notified the County that the estimated FY12-13 allocation for the Rural Operating Assistance Program(ROAP)has been reduced.New Hanover County's allocation was reduced to$43,173.38.This budget amendment will reduce the revenue and expenditure budget to match the grant award.Due to the funding reduction,the waiting list is increasing to stay within budget. 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 13-082,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 13th day of November,2012. �v GO�NT E , o n elz X/// y Jonathan field, T. F� ,_ Schult,Clerk to the Board Exhibit )C� (q•sg AGENDA: November 13,2012 Book Page NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 088 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-088 be made to the annual budget ordinance for the fiscal year ending June 30,2013. Section l: 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:Parks,Gardens and Senior Resource Center/Independent Life Services E enditure• Decrease Increase Parks,Gardens&SRC/Independent Life Servs: M&R Equipment $3,196 Total $0 11 $3,196 Revenue: Decrease Increase Parks,Gardens&SRC/Independent Life Servs: Grant-Federal-State-CFCOG $3,196 Total $0 11 $3,196 Section 2: Explanation To budget an additional allocation of$3,196 from the Cape Fear Council of Governments Area Agency on Aging.The required match of$355 is included within the FYI 2-13 adopted budget.The additional allocation is not designated.There are many types of equipment that need to be maintained and no funds were budgeted for maintenance and repair of equipment. 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 13-088,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 13th day of November,2012. G VNTY.� O n 9KAIZI yS >� Jona Barfiel ,J. --- �2 Sheila L. Schult,Clerk to the Boar Exhib!�&—V/Page Book I h AGENDA: November 13,2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 083 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-083 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): Increase public safety/crime prevention Fund: General Fund Department:Emergency Management& 911 Communications/Emergency Management E enditure: Decrease Increase Emergency Management&911 Communications: Contracted Services $2,000 Total $0 $2,000 Revenue: Decrease Increase Emergency Management&911 Communications: Community Emergency Response Team Grant $2,000 Total $0 $2,000 Section 2: Explanation Emergency Management has been award a Homeland Security Grant for$2,000 through the North Carolina Division of Emergency Management.The grant funding will be used to run background checks on CERT(Community Emergency Response Team)volunteers.No County match is required. 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 13-083,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 13th day of November,2012. STY. O (� _ 9 O Jona -Barfield,J . 2 chult,Clerk to the Board Exhibit Book Page . s� AGENDA: November 13,2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 094 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-094 be made to the annual budget ordinance for the fiscal year ending June 30,2013. Section 1: Details of Budget Amendment r $ 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:Social Services/Adult Day Care Services/Administration E nditure• Decrease Increase Social Services/Adult Day Care Services: Day Care Services $571 Total $571 11 $0 Revenue: Decrease Increase Social Services/DSS Administration: DSSADMIN 1571 $571 Total $571 $0 Section 2: Explanation The Department of Social Services'allocation for Adult Day Care Services budgeted in FYI 2-13 was less than estimated.This budget amendment adjusts the Adult Day Care Services FY12-13 budget to reflect the actual grant funding.The reduction will not cause a reduction in clients,but the number of days of service may need to be reduced. 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 13-094,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 13th day of November,2012. Y 141 G� O o n Jonath arfield,Jr. airm 3yZ �2 ®u Sheila L. Schult,Clerk to the Board Exhibit AGENDA: November 13,2012 Book X*A Page NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013- 31 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 2013-31 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: Cobb Annex Repairs Capital Project Department: Finance E nditure• Decrease Increase Capital project expense $3,945,900 Total $0 $3,945,900 Revenue: Decrease Increase Installment financing $3,945,900 Total $0 $3,945,900 Section 2: Explanation The Cobb Annex,a part of the County's judicial complex,is in need of significant repairs. A recent study uncovered several deficiencies and issues with the building requiring extensive repairs. Installment financing will fund the project. 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 2013-31,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Adopted,this 13th day of November,2012. 0 Jon an B i ,J .,,C an '�� chult,Clerk to the Board AGENDA: November 13 2012 Exhibit NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book Page AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013-32 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 2013-32 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): Understand/act on citizen needs Build/maintain infrastructure Fund: General Fund Department: Finance Ex diture: Decrease Increase Transfer to Capital Project Fund $627,645 Total $0 $627,645 Revenue: Decrease I Increase Appropriated Fund Balance $627,645 Total $0 $627,645 Fund: Fire Services Special Revenue Fund Department: Finance E di re, Decrease Increase Transfer to Capital Project Fund $256,000 Total $0 $256,000 Revenue: Decrease Increase- Appropriated Fund Balance $256,000 Total 1 $0 $256,000 Fund: Bald Eagle Lane Public Water Expansion Capital Project Department: Finance Ex 'ture: Decrease Increase Capital Project Expense $883,645 Total $0 $883,645 Revenue: Decrease Increase Transfer in from General Fund $627,645 Transfer in from Fire Special Revenue Fund $256,000 Total $0 $883,645 Section 2: Explanation On October 15,2012,the Board approved moving forward with a project to extend public water to properties located in the Bald Eagle Lane area.The estimated cost of the project is$883,645.The County participation cost of$256,000 will come from the Fire Services Special Revenue Fund.Of the$627,645 transferred from the General Fund,$330,000 will be repaid to the County by the Cape Fear Public Utility Authority and$279,645 will be assessed to benefited property owners. 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 2013-32,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Gp�j.1TY ed,this 13th day of November,2012. EAL)'S Jo Barfield, , c ult,Clerk to the Board Exhibit Book �Page CAPITAL PROJECT ORDINANCE NEW HANOVER COUNTY COBB ANNEX REPAIRS BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County (County) is engaged in the repair of Cobb Annex, which capital project involves the construction and/or acquisition of capital assets. 2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute Section 159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. 3. The County desires to expend its own funds for the purpose of paying certain costs of the project, for which expenditures the County reasonably expects to reimburse itself from the proceeds of debt to be incurred by the County. 4. This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury Regulations to expressly declare the official intent of the County to reimburse itself from the proceeds of debt to be hereinafter incurred by the County for certain expenditures paid by the County on or after the date which is sixty (60) days prior to the date hereof. NOW, THEREFORE,WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North Carolina General Statute Section 159-13.2. 2. The project undertaken pursuant to this ordinance is Cobb Annex Repairs Capital Project, which project is herewith authorized. 3. The revenue that will finance said project is: Installment Financing $3,945,900 Total 3.945.900 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Capital Project Expense $3,945,900 Total 3.945.900 5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. Adopted this 13th day of November, 2012. 004TY. a Sheila L. Schult ° J t n Barfiel airman Clerk to the Board of Commissione B p of Count " Commissioners F,rT^BL ISHE�, Exhibitt Book xxxkPage �� Sn'► a CAPITAL PROJECT ORDINANCE NEW HANOVER COUNTY BALD EAGLE LANE PUBLIC WATER EXPANSION PROJECT BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County (County) is engaged in the Bald Eagle Lane Public Water Expansion Capital Project, which capital project involves the construction and/or acquisition of capital assets. 2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute Section 159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. 3. The County desires to expend its own funds for the purpose of paying certain costs of the project, for which expenditures the County reasonably expects to reimburse itself from the proceeds of debt to be incurred by the County. 4. This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury Regulations to expressly declare the official intent of the County to reimburse itself from the proceeds of debt to be hereinafter incurred by the County for certain expenditures paid by the County on or after the date which is sixty(60)days prior to the date hereof. NOW, THEREFORE,WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North Carolina General Statute Section 158-13.2. 2. The project undertaken pursuant to this ordinance is the Bald Eagle Lane Public Water Expansion Capital Project, which project is herewith authorized. 3. The revenue that will finance said project is: Transfer In from Fire Services Special Revenue Fund $256,000 Transfer in from General Fund $627,645 Total $88_ 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Capital Project Expense $883,645 Total $8JM 5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Cleric to the Board of Commissioners of New Hanover County. Adopted this 13th day of Novembe.)N Y. (,0 ! �O X Sheila L. Schult J th Barfiek�EA hail m4a n Clerk to the Board of Commission of County ommissioners 3y2 �2 �'rr�atinEO�� NEW HANOVER COUNTY BOARD OF COMMISSIONERS I AMERICA RECYCLES DAY PROCLAMATION Boo�kaxX✓ page I 1 y WHEREAS, New Hanover County recognizes the importance of protecting and preserving ':I our natural resources and adopting conscientious habits that will improve our daily lives and =�l1 bring about a cleaner, safer, and more sustainable environment; and WHEREAS, although there has been a significant increase in the amount of recycling in New a. Hanover County to date, we must also continue to focus on other initiatives such as waste reduction, composting, the reuse of products and materials, and purchasing recycled products; �► and WHEREAS, by encouraging businesses, state agencies, nonprofit organizations, schools and ►' individuals to celebrate America Recycles Day 2012, we can further promote recycling as an environmentally efficient and economically smart habit; and �syl WHEREAS, state and community leaders can help encourage recycling by informing citizens about local recycling options, they can also help foster greater awareness of the need to +\ expand collections programs by promoting the benefits of recycling investments for S'A businesses; and �? WHEREAS, it is important that all New Hanover Count citizens become involved in p Y recycling activities and learn more about the many recycled and recyclable products available ►' ' to them as consumers; it is also fitting for New Hanover County to celebrate America Recycles Day 2012 and take action by educating citizens about the recycling options available ah\ i , in our community. 1�y NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of ��l �s Commissioners that November 15, 2012 be recognized as "America Recycles Day" in New Hanover County. ADOPTED this the 13th day of November, 2012. NEW HANOVER COUNTY %i �f onathan Baihefd, J/, Chairman ' ATTEST: ►'� Sheila L. Schult, Clerk to the Board j i _ .+, ... ...x+.::k ":."YY`i{x7nnl'G+.'2M"MT iR"�.�5°i.L-:C'I,�E:.. =k": .^'WS.�.•.jti..`4c..'NG_.y.•..',,.'•n°Ai.gn- -.!4.}{+'�DSkY4M'rJ'.:.r-``(EhY.`i+WRC?n.&«tih�i.hciL3,dY:'�s1L.:. a;.rys .�v 1 ��" °;�►:►�//_X11,�`�� i►�i`�®l///,�' ���.�,�\\�j/i��'i\��/Ali:�'���I/�,"����1�/�ji���i1���'� l///„�a��K��.Q.�i,�� _.`�!E! �i �i: ,,a1�i�/�►�1�u��/.l' �i11'���!4s1,��i�,N, ��IP.��� ;/� `�i\`.!/�,X11'I��,'11�� ��9//� i11,4��1,� '�'i9u �.I =s NEW HANOVER COUNTY BOARD OF COMMISSIONERS :f GEOGRAPHIC INFORMATION SYSTEMS (GIS) DAY �� PROCLAMATION N' Exhibit 6age Book ,i WHEREAS, the day of November 14, 2012, has been designated GIS Day; and $ , ` WHEREAS, geography has played a defining role in the settlement, history, and cultural heritage of New Hanover County, our nation, and humanity; and d, WHEREAS, the management, use, and exchange of geographic information is essential ti for effective decision making; and WHEREAS, GIS technologies are a powerful tool for supporting emergency services, ` h economic development, environmental protection, community planning, and much, muchfj � more; and WHEREAS, there is a need to promote GIS awareness, education, and technical training among various groups to appropriately and effectively utilize this rapidly developing technology; and WHEREAS, having a day of GIS activities open to students, citizens, and government leaders will help chieve greater awareness of the benefits of GIS. p r NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that November 14 th is recognized as Geographic Information Systems (GIS) Day" in New Hanover County. 11 ADOPTED this the 13 th day of November, 2012. NEW HANOVER COUNTY i [ J 1 J ollathan Barfi r. hairman �i ATTEST: ►! �. Sheila L. Schult, Clerk to the Board Won \ I II' 1 I,�% '1'' ��� 1� All- NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION FOREIGN TRADE PROMOTION COUNCIL Exhibit gook,�Paget ORGANIZATIONAL COMMITTEE WHEREAS, New Hanover County is a desirable place to live, work and do business — locally, nationally and internationally;and WHEREAS, there is a need for an organization to promote international business and international trade on behalf of New Hanover County. NOW,THEREFORE,BE IT RESOLVED by the Board of Commissioners of the County of New Hanover,North Carolina,that: 1. A Foreign Trade Promotion Council Organizational Committee is created for the following purpose: To draft a plan for enhancing New Hanover County's participation in international business promotion and international trade. This plan shall be approved by the New Hanover County Board of Commissioners and should include at a minimum the following: A. Membership requirements B. Organizational structure C. Mission statement D. Bylaws 1 E. Operations F. Funding t 2. The following members are appointed to the Foreign Trade Promotion Council Organizational Committee: A. Seth Palmer,North Carolina Department of Transportation B. Jon Rosborough,Wilmington International Airport C. Tom Barber,New Hanover County Airport Authority D. Rick Catlin,New Hanover County Government E. George Rountree,North Carolina State Ports Authority F. Lance Kenworthy,North Carolina State Ports Authority G. Tim Burgess,New Hanover County Government 3. This Foreign Trade Promotion Council Organizational Committee shall dissolve upon the completion of its purpose, or one year from the date of the adoption of this resolution, whichever occurs first. The date of dissolution may be extended upon approval of the New Hanover County Board of Commissioners. 4. Due to the limited duration of the Foreign Trade Promotion Council Organizational Committee, the members can continue to serve beyond their affiliation with their representative organizations, should the need arise. 5. This resolution shall take effect upon its adoption. ADOPTED this the 13`h day of November,2012. NEW NOVER COUNTY OvN}Y.�©� �y athan Bar airman O \ 2 Sheila L. Schult, Clerk to the Board •f"'»tld3'H_k���l• NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION Exhibit Book X page j9. 9_ NEW HANOVER COUNTY SOLID WASTE PLAN 2012 REVISION WHEREAS, it is a priority of this community to protect human health and the environment through safe and effective management of municipal solid waste; and WHEREAS, the reduction of the amount and toxicity of the local waste stream is a goal of this community; and WHEREAS, equitable and efficient delivery of solid waste management services is an essential characteristic of the local solid waste management system; and WHEREAS, it is a goal of the community to maintain and improve its physical appearance and to reduce the adverse effects of illegal disposal and littering; and WHEREAS,New Hanover County recognizes its role in the encouragement of recycling markets by purchasing recycled products; and WHEREAS, involvement and education of the citizenry is critical to the establishment of an effective local solid waste program; and WHEREAS, the State of North Carolina has placed planning responsibility on local government for the management of solid waste; and WHEREAS, NC General Statute 130A-309.09A (b) requires each unit of local government, either individually or in cooperation with other units of local government, to update the Ten Year Comprehensive Solid Waste Management Plan at least every three years; and WHEREAS,the New Hanover County Environmental Management Department has undertaken and completed a long-range planning effort to evaluate the appropriate technologies and strategies available to manage solid waste effectively. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby approves the New Hanover County Solid Waste Plan Update. ADOPTED this the 13`h day of November, 2012. �0 004 T Y•'�o NEW VER CO TY 0 o Jo pm B arfi an airman _ r '�ti a2 ATTEST: F""AB{I tit:) Sheila L. Schult, Clerk to the Board Exhibi�MvPage Book = AGENDA: November 13,2012 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 13- 081 BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 13-081 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): Increase public safety/crime prevention Keep the public informed on important information Fund: General Fund F Department:Sheriff's Office/Detention E nditure• Decrease Increase Sheriffs Office/Detention: Salaries and Wages $189,620 Social Security Taxes $14,505 Retirement-Local Government Employee $12,835 Retirement-401 K $9,480 Medical Insurance Expense $41,940 Long Term Disability Insurance $380 Total $0 $268,760 Revenue: Decrease Increase General Fund/Appropriated Fund Balance: Appropriated Fund Balance $268,760 Total $0 $268,760 Section 2: Explanation The Sheriffs Office is requesting 8 additional Deputy positions due to the increase in Detention facility population.The current ratio of inmates to Officers is at an unsafe level,which will result in increased inmate assaults on Officers,inmate assaults on other inmates and suicide attempts.Prior to actions taken at this Board of County Commissioners meeting,the Appropriated Fund balance is$10,112,869. 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 13-081,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. Gp } b is 13th day of November,2012. 0 (SE Jo arfield �h an chult,Clerk to the Board AGENDA: November 13,2012 Exhibit NEW HANOVER COUNTY BOARD OF COMMISSIONERS gook y Page lg• ov AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET BY BUDGET AMENDMENT 2013- 30 BE rr ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina, that the following Budget Amendment 2013-30 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): Provide health/wellness education,programs,and services Fund: General Fund Department: Health Department Ex jenditure.• Decrease Increase Transfer to Capital Project Fund $2,715,254 Total $0 $2,715,254 Revenue: Decrease Increase Contribution from Health Escrow $2,715,254 Total $0 $2,715,254 Fund: Health Department Renovation Capital Project Department: Health Department E diture• Decrease Increase Capital Project Expense $2,715,254 Total $0 $2,715,254 Revenue: Decrease Increase Transfer in from General Fund $2,715,254 Total $0 $2,715,254 Section 2: Explanation The New Hanover County Health Department has$2,715,254,currently held in escrow.Staff requests approval to use the funds for Phase I of renovations to the health department,including CoastalCare and New Hanover County Health Department. 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 2013-30,amending the annual budget ordinance for the fiscal year ending June 30,2013,is adopted. V t4T ted,this 13th day of November,2012. GO + �O'P 3 JonathAtarfield,Jr., �y O r 3� 2 CrIerk to the Board FS?an�uH��w / Exhibit �V J CAPITAL PROJECT ORDINANCE Book Page ��. � ( NEW HANOVER COUNTY RENOVATION OF HEALTH DEPARTMENT BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County (County) is engaged in the renovation of New Hanover County Health Department, including current CoastalCare and New Hanover County Health Department buildings, which capital project involves the construction and/or acquisition of capital assets. 2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute Section 159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. 3. The County desires to expend its own funds for the purpose of paying certain costs of the project, for which expenditures the County reasonably expects to reimburse itself from the proceeds of debt to be incurred by the County. 4. This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury Regulations to expressly declare the official intent of the County to reimburse itself from the proceeds of debt to be hereinafter incurred by the Qounty for certain expenditures paid by the County on or after the date which is sixty(60)*days prior to the date hereof. NOW, THEREFORE, WITNESSETH THAT: 1. This project ordinance is'adopted pursuant to North Carolina General Statute Section 159-13.2. 2. The project undertaken pursuant to this ordinance is the+.renovation of New Hanover County Health Department, including current Coastal Care and New Hanover County Health Department Buildings Capital Project, which project is herewith authorized. 3. The revenue that will finance said project is: Health Department Escrow $21715,254 Total 4. The following appropriations necessary for the project are herewith made from the revenue listed above: Capital Project Expense $2,7.15,254 Total 2.715 4 5. This project ordinance shall be entered in the minutes of ihi board of Commissioners of New Hanover County: Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. Adopted this 13th day of Nov NTY• y o ' 0 Sheila L. Schult nathan Ba Id, Jr., Chairman Clerk to the Board of Commissione oard of Co my Commissioners •F�ARL 151��' Book laxvPage ift B 1_,Z 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-404(10/12) 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. Deletions have strikes through them: 53.6-1: Intent-The Exceptional Design Zoning District (EDZD) provides opportunities for mixed use and high density residential projects within the unincorporated areas of the County where appropriate urban features are in place to support such projects without the negative impacts of urban sprawl. Through the conservation of water bodies,wetlands,floodplains and open space, it is intended that this district will prevent the degradation of water quality and foster the preservation of natural hydrology, habitat and biodiversity. In addition, the district is intended to provide design flexibility to achieve public and private spaces that advance a sense of community in a well-integrated service area that diminishes the need for vehicular traffic and encourages bicycle and pedestrian movements. The EDZD shall be located with respect to public and private facilities existing or clearly available by the time they are required within the development. Physical character of the site and relation to surrounding Property- The site shall be suitable for development in the manner proposed without creating hazards to persons or property, on or off the district, and free from the probability of flooding, erosion, subsidence or slipping of the soil or other dangers. Condition of soil, groundwater level, drainage and topography shall all be appropriate to both the kind and pattern of use intended. If appropriate to the form and function of development, lands to be included in EDZD districts may be divided by streets, alleys, rights-of-way or easements, but shall be located, dimensioned and arranged as to permit unified planning and development and to meet all requirements in connection therewith, as well as to provide necessary protection against adverse relationships between uses in the district and uses in surrounding areas. 53.6-2:Applicability—Areas classified as Conservation on the current CAMA Land Classification Map are not eligible for residential density greater than 2.5 units per acre, and such acreage must be subtracted from the acreage upon which density on other portions of the district is calculated. All other areas of the unincorporated planning jurisdiction for New Hanover County are eligible for the EDZD. 53.6-3: Procedures for establishing Exceptional Design Zoning Districts 1)Applications;procedures and materials to be submitted. Approval for EDZD rezoning shall generally follow procedures for establishment of Planned Development Districts. Material submitted with the application as outlined below, or on subsequent request by the Planning Department,shall include all plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case. Applicants are recommended to A-404( 10/12) Page 1 of 14 4 meet with staff before substantial investments are made towards the design of exceptional development projects and are required to meet with staff to review the exceptional development concept and criteria prior to submitting an application. Application shall be made on forms provided by the County and in accordance with the schedule of deadlines for Planning Board submissions. The following procedures must be met: a. Meet with staff b. Hold 2 community meetings PF9pesal and within SAW feet of the area te be eensideFed in accordance with Section 111-2.1.: r-enAeFation). At least one FneetiFig must be sched-led afteF 6-99 p.m. Ne+;re of he+h meetings must he given at least twe (2) w eeLr ;n c. Prepare application and submit by application deadline.The application shall include: L Survey map as well as metes and bounds description of the boundaries. ii. Map showing location of existing public water and sewer lines, roadway classification, existing or planned bicycle and pedestrian facilities,schools, parks,employment centers, and shopping districts within a Y2 mile Hof the outermost project boundary. iii. An evaluation of traffic impacts prepared in accordnance with a scope of work established by the Wilmington Metropolitan Planning Organization, NCDOT and New Hanover County'and signed by a licensed traffic engineer is required for all projects(based on proposed maximum density and intensity for the acreage). iv. Narrative geneFally deSGFib;nn the . s-fe.-seekiRg and sepaFatep2ri'nit at-a-later date if Lnewn and deSGFibinn the adequacy of aeeess to the, how the proposed project meets the required elements, as well as the intent,of the EDZD. V. Inventory of the existing environmental,cultural, historical and natural site attributes. vi. A conceptual plan that shows with reasonable certainty the type and intensity of use for the proposal. vii. Summary of the meetings held with surrounding property owners. viii. A checklist of the prerequisite standards that will be met. ix. Application fee. X. Calculations of the requested density/intensity and documentation supporting the award of points for any density bonus. xi. Verifiable water and sewer expansion plans must be provided and allocation of capacity confirmed with the Cape Fear Public Utility Authority. A-404( 10/12) Page 2 of 14 A. Phasing schedule indicating when each of the EDZD elements will be met. xiii. The project must meet all applicable requirements of the County Zoning Ordinance. d. Planning Board consideration and Board of Commissioners decision after public hearing. 53.6-4: District Regulations- 1) The applicant must be the owner or owners of all the property to be included in the district and must demonstrate that the property is jointly owned or be subject to a formal agreement for unified control.Authorization to Construct shall not be issued until unified control is established. 2) A district must include the entirety of the parcel or parcels being considered. 3) A district may not extend across any major or minor arterial roadway having three or more lanes of vehicular traffic unless the district proposes multiple, unified development phases of mixed uses having safe,signalized vehicular, pedestrian and bicycle facilities to connect the projects,such as crosswalk signals, pedestrian overpasses, refuge islands,etc. 4) Underlying standards as described in Table 53.6-5. 5) The EDZD Certification must be assured during the first phase of development or prior to completion of more than 24 units, whichever comes first. A progress report shall be submitted after each phase indicating a proposed timeline for completion of the EDZD elements. 53.6-5:Underlying Standards for Projects Within an EDZD: 1) Maximum Building height: within 200 feet of any residential zoning district or residential use (4/6/10),building height shall not exceed forty(40)feet. 2) Building setbacks and separation: Buildings located on the periphery of the district shall be set back a minimum of twenty(20)feet from the district boundary. When the proposed setbacks from the periphery of the district are less than the proposed height of the buildings,the application shall include an explanation of how the project reasonably addresses privacy,light,air, and safety impacts upon adjoining properties. 3) Parking: Off-street parking shall be provided in accordance with Article VIII of the zoning ordinance. Projects that meet Section 53.6-14 Additional Requirements 1,2, 3 and 4 may reduce the minimum parking requirements by 10%within the commercial component of the project. 4) Connected and Open Community: In order to promote projects that have high levels of internal connectivity and are well connected to the community at large,gates or other obstructions may not be utilized on roads entering, exiting or within the development. 5) landscaping and buffering shall be in accordance with Article 67,except that required buffers may be allowed within electric utility easements greater than 30 feet with the A-404( 10/12) Page 3 of 14 permission of the appropriate utility company and provided a memorandum of agreement is in place stating that the buffer will be maintained in perpetuity in accordance with the standards for size,opacity, and location. 6) Street Lights:Street lights shall be included at the rate of one fixture per 500 linear feet or less of roadway. 7) GenseFvatieA ReseWee ReqUiFements shall be „„1:e hh, 8) Lighting(4/6/10): All site lighting shall be located so as not to shine or reflect directly onto any adjacent residential property. 9) Open Space(4/6/10):Open space shall be provided within all exceptional design zoning districts and except as provided in section (c) below shall equal a minimum of 35%of the gross site area of the district.Open space is an area of land set aside, dedicated, or reserved for public or private use or enjoyment that shall be functional for uses including but not limited to: an area of environmental preservation and enhancement, park, internal courtyard, plaza, playground, playfield,atrium or greenway pedestrian and non- motorized vehicle easement. Open space may be natural or recreational. (a) Natural open spaces are intended to protect the natural environment, protect water quality, provide environmental education and provide habitat for wildlife. Natural open spaces include natural features such as wetlands and conservation overlay districts or otherwise undevelopable land. Natural open spaces shall not exceed 10%of the open space requirement. (b) Recreation open spaces may be active or passive and are intended to provide outdoor recreation opportunities or provide locations where the public is directly or indirectly invited to gather, browse,sit, interact or congregate. A maximum of 25%of the open space area may contain amenitized recreational facilities including swimming pools,golf courses,tennis courts and basketball courts. Unimproved passive recreation open spaces are encouraged. (c) If the proposed open space is less than 35%,or the types of open space do not conform to(a)and (b),the application shall include an explanation of how the project reasonably provides for spaces that enhance a sense of community and quality of life for the future residents or patrons of the EDZD.All open space shall remain undivided and be reserved and used in accordance with Section 69.1. 10) All other applicable provisions of the Ordinance shall apply. 53.6-6-5 Staff Recommendations-Planning staff, in consultation with other appropriate departments or personnel,shall prepare a written report to the Planning Board and Board of Commissioners, containing the following findings: 1) As to the suitability of the proposals for the general type of function,the physical characteristics of the land,and relation of the proposed development to surrounding areas and existing and probable future development. A-404( 10/12) Page 4 of 14 2) As to the sufficiency of supporting evidence in the application showing that the proposed location can meet the basic criteria for exceptional design. 3) As to the relation to major roads and mass transit facilities, utilities and other facilities and services. 4) As to the adequacy of evidence on unified control and the suitability of any proposed agreements,contracts, deed restrictions,sureties, dedications,contributions, guarantees,or other instruments, or the need for such instruments,or for amendments in those proposed. 5) As to the suitability of plans proposed or the suggestion of conditions. 6) As to the consistency with the County's adopted Land Use Plan and other adopted plans for development in the vicinity,and suggesting how the rezoning might be reasonable and in the public interest if approved. 53.6-76_ Actions by Planning Board; Board of Commissioners-Actions by the planning board shall be in the nature of a recommendation for or against the rezoning and may include suggested conditions of approval.The Board of Commissioners may grant the application in accordance with the EDZD regulations and other applicable local, state or federal requirements or may approve the application l with conditions attached,or may deny the application. 53.6-8-7 Development to be in Accord with Approved Concept Plan and Related Regulations: If the rezoning is approved,the Board of Commissioners shall,approve the development concept plan as described in the application,or indicate required modifications in such approved plan,and such approval shall be binding in determinations concerning final development plans. If the rezoning is approved,the development shall be required to be in accord with approved concept plans and meet the requirements of these and other regulations,as approved.The development shall also conform to any time limitations established by the Board of Commissioners or the applicant as to beginning and completion of the development as a whole,or in specified stages. Before development may proceed, agreements,contracts,deed restriction,sureties and other instruments involved shall be in a form approved by appropriate officers or agencies. 53.6-99- Administrative Action for Approval of Final Plans 1) After an EDZD district has been established, no building permit shall be issued therein, unless and until the TRC and the Planning and Inspections Director have approved final plans and reports for the development as a whole or stages or portions as outlined upon approval.The form and content of such final plans and reports shall be as prescribed for the district, and in the rules of the county and other affected agencies.The final plan shall constitute the equivalent of preliminary plat approval under the New Hanover County Subdivision Ordinance. 2) Approval of final plans and reports shall be based on compliance with zoning regulations applying at the time the land was zoned to EDZD status, including such specific conditions as were included by the Board of Commissioners in its rezoning action.The Planning and Inspections Director shall certify that the conditions imposed by the Board of Commissioners have been met. 3) Upon approval of final plans and reports, building permits shall be issued in the same manner as for building permits generally, provided that any requirements relating to the order and location in which building permits are to be issued in the particular EDZD district shall be observed. Except as provided in this article, final plans and reports approval shall be binding on the applicants and any successor in title, so long as EDZD zoning is applied to the land. A-404( 10/12) Page 5 of 14 53.6-103 Approval of Detailed Plans and Related Material is an Administrative Action Approval of detailed plans and related material is an administrative action. No public notice or hearing is required in connection with approval proceedings of final plans or changes in approved plans, but the Technical Review Committee shall meet and approve the technical merits of the final plan,and when the Planning Director or his designee has certified that the plan approved by the Technical Review Committee meets all the requirements and conditions of the original approval,then signatures of the Planning Director and the Chairman of the Technical Review Committee shall be affixed to the approved final plan. 53.6-101Restrictions on Permitted Uses The principal uses in an EDZD shall be as set out and approved in the original approving action, unless otherwise amended by the Board of Commissioners. After the concept plan has been approved,changes in any principal use or accessory use shall constitute a change in the approved EDZD and shall require approval by the Board of Commissioners. 53.6-12 Effect of Approval Any area designated as an EDZD shall thereafter be developed using only the exceptional design standards and proposed conditions under which the EDZD is approved.Any reduction in the prerequisite standards after approval shall be considered a violation of the terms and conditions of approval. In accordance with NCGS153A-344.1(c)and (d), approval of the master plan shall establish a vested right. After 24 months from the date of original approval, if no construction activity has been permitted,the approval of the original concept plan and any approved final plan shall expire and new approvals based on standards existing for EDZD districts at that time shall be required. Extensions of vested rights beyond the first 24 months may be approved in accordance with Section 112-6. , lem;ted to the size and phas*Rg ef develepment,the level of investment,the need feF the de .elenmerit a emie•e•ve•lee• and market e•enemitienc but the total vesting.per;9d mw net , r � eve•eed 5. 53.6-13: Modifications Site specific development plans may be modified upon review and approval of the Planning Director. Minor changes may be approved in the same manner as set forth in Sec. 71-1(9). Major modifications, including additional density bonuses may be approved by the Planning Director or his designee and the TRC when the prerequisite standards are maintained and sufficient additional points accrue to support the request. However, modifications that conflict with small area neighborhood or corridor plans shall not be approved in this manner. Projects that remove components for which density or intensity bonuses have been awarded must modify the plan accordingly and submit for approval. 53.6-14 Exceptional Design District Standards Converted to Points Density permitted by right for residential units in the district shall be six(6) units per acre. All proposals seeking to exceed six(6) units per acre must accumulate exceptional design bonus points sufficient to qualify for the proposed densities or intensities. A-404( 10/12) Page 6 of 14 The following table includes the criteria that shall enable a project to be classified as and Exceptional Design District and allow for the density bonuses herein provided. The first six(6) criteria are required for any project to initially qualify for Exceptional Design review. In addition to the first six criteria,an additional twelve(12)points are required from the remaining ten (10) additional criteria. Planning and Inspections Director will determine whether criteria are properly met. CORE REQUIREMENTS(italicized items are further defined in Definitions Section) 1. Smart Location REQUIRED Option 1: Locate project on an infill site or previously developed site. Option 2: Locate project on an adjacent site with pre-project connectivity. Option 3: Locate project near existing or planned adequate transit service. Option 4:Locate project near existing neighborhood shops,services,and facilities. 2. Proximity to Water and Wastewater Infrastructure REQUIRED Option 1:Locate project on a site served by existing water and wastewater infrastructure. Replacement of or other on-location improvements to existing infrastructure are considered existing for the purpose of achieving this option. Option 2: Locate project within an area scheduled for water and sewer expansion where verifiable expansion plans can be provided and allocation of capacity can be confirmed with the Cape Fear Public Utility Authority. 3. Significant Species and Ecological Communities REQUIRED Option 1:After consultation with the NC Natural Heritage Program map as found on the New Hanover County online mapping services, no species present or likely to be present that are listed under the federal Endangered Species Act, NC endangered species list or listed in the NC Natural Heritage Program as either Nationally,State or Regionally Significant. Option 2:If initial consultation with the NC Natural Heritage Program map is inconclusive, then a qualified biological scientist performs biological surveys to determine the presence of endangered or significant species or the applicant consults with the NC Natural Heritage Program in Raleigh to receive a State determination. Option 3: If endangered or significant species are found, comply with an approved Habitat Conservation Plan (HCP) under the Endangered Species Act for each species or receive an approved mitigation plan from the NC Natural Heritage Program. Option 4: If endangered or significant species are found and no approved HCP exists, work with an appropriate authority to create and develop one or develop an approved mitigation plan with the NC Natural Heritage Program. 4. Wetland and Water Body Conservation and Preservation REQUIRED To prevent bacterial contamination of surface water, install pet waste stations within required open spaces and implement a maintenance schedule for the pet waste stations -and- A-404( 10/12) Page 7 of 14 Option 1: Locate project on a site that includes no jurisdictional wetlands,water bodies (including but not limited to intermittent and perennial streams)or land within 100 feet of these areas. Option 2: Locate project such that pre-project jurisdictional wetlands,water bodies (including but not limited to intermittent and perennial streams), and land within 100 feet of such areas shall not experience significant destruction or lasting detrimental effects to water quality or other protected natural resources as a result of new development. Significant destruction shall include the construction,excavation,deposition, of materials in, over or on such land or any work that would affect the course, location,condition,or capacity of the receiving water body. Create along-term management plan for on-site water bodies and wetlands and their buffers,and create a guaranteed funding source for management. S. Floodplain Avoidance REQUIRED Option 1: Locate on a site that does not contain any land within a 100-year floodplain. Option 2: Locate the project on an infill site or a previously developed site and comply with the NFIP requirements for developing portions of the site that lie within the floodplain. Option 3: Develop only on portions of the site that are not in a floodplain or on portions that have been previously developed. 6. Stormwater Management REQUIRED Implement a comprehensive stormwater management plan for the project that infiltrates and reuses stormwater runoff. Stormwater shall be managed following the principles prescribed in the New Hanover County-City of Wilmington Joint Low Impact Development Manual and will enable a project to use the LID-EZ Spreadsheet Tool. A determination that a project qualifies as a Low Impact Development shall be made by the Technical Review Committee(TRC). ADDITIONAL REQUIREMENTS(MINIMUM OF 12 POINTS FROM THE CRITERIA LISTED BELOW IN ADDITION TO THE CORE REQUIREMENTS) 1. Mixed-Uses*Include a residential component in the proiect that constitutes at least 2 points 25%of the proiect's total building square footage. Design or locate the project such that at least 50%of the dwelling units are within 1/2 mile walk distance of at least three (3) of the diverse uses in the Diversity of Uses List in Section 53.6 of this Ordinance. At least one use from two of the three diverse use categories within the diversity of uses list is required. *For a project to qualify for more than six (6) units per acre,the mixed uses requirement must be satisfied. 2. Bicycle and Pedestrian Access -2 2 or Provide an internal bicycle and pedestrian network that t includes a pedestrian or bicycle 4points through-connection in at least 90%of any new cul-de-sacs,except where prohibited by topographical conditions. -and- Provide bkvcle parking and storage for developments that contain multifamily retail and A-404( 10/12) Page 8 of 14 commercial development. -and- Design and/or located the project to meet at least one of the following two options*: Option 1:A planned bicycle network of at least 5 continuous miles in length is within mile bicycling distance of the project boundary. For planned bicycle netwrks the network must be listed in a plan adopted by the Board of Commissioners (2 points) Option 2:An existing bicycle network of at least 5 continuous miles in length is within mile bicycling distance of the project boundary and connects to either a school employment center,or commercial center that contains at least seven (7)of the uses in the Diversity of Uses List.(4 point) (*Points will be awarded based on which option is selected however, points will not be awarded for both options.) 3. Housing and Jobs/Commercial Opportunity Proximity 2 points Option 1: Include a residential component equaling at least 30%of the project's total building square footage, and locate and/or design the project such that the geographic center is within a% mile walk distance of pre-project full-time equivalent jobs equal to or greater than the number of dwelling units in the project. Option 2:Include a non-residential component equaling at least 30%of the project's total building square footage. 4. DiVeMity Of Wes 2 4-pe+a#-s Include aFP__r,*de Rtialce-sApenent in the pFejeet that eeRstitutes at least 0 ef the pmjea's tetal building squaFe feetage and design 9F leeate the ffejeet suel;that at least o of the dwelliAg units aFe within, uses list es r-e�. Grpatp a IA_Rg teRn management plan f9F Rew eF existing en site Rative habitats, and/eF FnanagemepA-. 6. Transit Facilities 4 points Locate development within%mile of an existing or planned transit route.The transit agency must certify that is has an approved budget that includes specifically allocated funds sufficient to provide the planned service and that service will commence no later than occupancy of 50%of the proiect's total building square footage. -and- Provide or identify covered and at least partially enclosed shelters,adequate to buffer wind and rain,with at least one bench, at each transit stop. -and- Provide kiosks, bulletin boards,and/or signs devoted to providing local public transit information as part of the project, including basic schedule and route information at each public transit stop within or bordering the project. 7. Certified Green Building 2 points Design,construct,or retrofit one whole residential or non-residential building to be certified through: LEED, NAHB Green Building Standards, North Carolina Healthy Built Homes or Green Globes. B. Minimum Building Energy Efficiency Z-4-points A-404( 10/12) Page 9 of 14 For non-residential, mixed use,and multifamily residential buildings four stories or greater, new buildings must meet at least three of the additional requirements listed in the N.C. Energy Conservation Code for Commercial Buildings. For new multi-family residential buildings three stories or fewer and new single-family residential buildings, 90%of new buildings must meet the HERO option listed within the Energy Conservation Code of the N.C.State Building Code. 9. On-Site Renewable Energy Sources 2 points Incorporate on-site nonpolluting renewable energy generation,such as solar and geothermal energy with production capacity of at least 5%of the proiect's annual electrical and thermal energy cost(exclusive of existing buildings), as established through an accepted building energy performance simulation tool. 9. Water Efficient Landscaping 2 points Reduce potable water consumption for outdoor landscape irrigation by limiting turf to 25%or less, incorporating rainwater catchment system(s)such as rain barrels or cisterns into the project,installing drip irrigation and utilizing stormwater for landscape irrigation. 10. Native Landscapes 2 points Complete a comprehensive inventory of existing trees and vegetation on site and identify vegetation that is native nonnative or invasive. Create a landscape plan that preserves and enhances native landscapes and eradicates or prevents the spread of nonnative and invasive species. All noninvasive significant trees in good or excellent condition shall be maintained as part of this plan. 10. Building Orientation 2 points Design the project so that a minimum of 75 percent of the building sites are constructed with the longer dimension of the structure facing 0-30 degrees of south. 11. Affordable Housing 4_-2-points Include a minimum of 15%of the dwelling units as rental and/or for-sale dwelling units priced for households earning below area median income(AMI). Rental units must be maintained at affordable levels for a minimum of 15 years. *No partial points will be awarded. Points will not be awarded on a sliding scale. BONUS AWARDS: Bonus points will accrue after satisfaction of the "Core+ 12 points"minimum exceptional criteria above. The mixed uses criteria must be satisfied in order to accrue bonus points. When the project proposed has established the minimum criteria, any additional points derived from within the elective categories above may be applied toward density or floor area ratio bonuses. Points may not be double counted and no partial points will be awarded.Density bonus shall be awarded at a rate of one(1) additional dwelling unit per acre for each additional point accrued over the minimum exceptional criteria or one tenth (1/10)additional FAR for each two additional points. A-404( 10/12) Page 10 of 14 Diversity of Uses List Use One: Retail Convenience Store Florist Hardware Store Pharmacy Swpe t-Grocery Store Miscellaneous retail Use Two:Services Bank Coffee Shop Hair care Health club Laundry/dry cleaner Medical/dental office Restaurant Offices for private business and professional activities Use Three:Civic/Community Facilities Child care (licensed) Civic/community center Place of worship in a building Police/fire station Post office Public library Public park School Senior care Social services facility uWaffatu of Uses T-a-h-lee aoentr. Rar-.ed .2 2- 34 3 6 O FnGFe 4 A-404( 10/12) Page 11 of 14 Associated Technical Standards for Section 53.6 of the New Hanover County Zoning Ordinance, Exceptional Design Zoning District Definitions Walk Distance:For the specified walk distance, the pedestrian must be able to travel between origins and destinations without obstruction in a safe and comfortable environment on a continuous network of sidewalks all-weather-surface footpaths, crosswalks, or equivalent pedestrian facilities. Pedestrians should not have to cross a street with speed limits greater than 35 mph without signals or stop signs at crosswalks. Core Requirement 1:Smart Location In ill Site is defined as a site where at least 75%of the perimeter of the property borders parcels that have been previously developed. Previously Developed is defined as a site having pre-existing impervious coverage that would typically have required regulatory permitting to have been initiated. Pre-project connectivity may be met when the proposed project is located so that 25%of the project boundary is adjacent to a previously developed property and connectivity of the site and adjacent land is at least ninety(90) intersections/square mile as measured within a%-mile distance of a continuous segment of the project boundary. locate and/or design the project such that a through street and/or nonmotorized right-of-way intersects the project boundary at least every 800 feet,connecting with an existing street and/or right-of-way outside the project. (4/6/10) Existina or planned adeauate transit service:At least 50%of dwelling units and business entrances within the project must be located within%mile walk distance of existing or planned bus transit stops. For planned transit stops,the transit agency must certify that it has an approved budget that includes specifically allocated funds for the transit stop and that the stop will be constructed no later than occupancy of 50%of the project's total building square footage. Location of project near existing neighborhood shops,services,and facilities:The project boundary must be within X mile walk distance of at least five (5)or within% mile walk distance of at least seven (7),of the diverse uses in the Diversity of Uses list in Section 53.6 of the Ordinance. Uses must include at least one use from each of the three diverse use categories with the following limitations: a) uses may not be counted in two categories,e.g.a school or place of worship may be counted only once even if it also contains a daycare facility; b) a mixed use building containing several uses as distinctly operated enterprises with separate exterior entrances may count each as a separate use, but no more than half of the minimum number of diverse uses can be situated in a single building or under a common roof;c)a single retail store of any type may only be counted once even if it sells products associated with multiple use types. Core Requirement 3:Significant Species and Ecological Communities A-404( 10/12) Page 12 of 14 The Natural Area Inventory for New Hanover County shall be found on the New Hanover County Planning Department's website. The Inventory was designed to identify the highest quality natural areas and natural communities in New Hanover County. Only Significant species are determined to be regulated under this requirement. Core Requirement 4: Wetland and Water Body Conservation and Preservation Long-term management plan—This plan must manage the identified resource for at least ten (10)years and include biological objectives consistent with habitat and/or water resource conservation. The plan should identify the following:a) procedures for maintaining the conservation areas and personnel to carry out those procedures, and b)estimated implementation costs and funding sources. Core Requirement 6:Stormwater Management The New Hanover County-City of Wilmington Joint Low Impact Development Manual shall be downloaded from the New Hanover County Planning website. In order to meet this requirement, a determination that the project is in fact a Low Impact Development project, must be made by the County's Technical Review Committee(TRC). Representatives from the project are encouraged to meet with County Planning and Engineering staff prior to submittal of the project to the County's TRC. Additional Reauirement 2:Bicycle and Pedestrian Access Bicycle Network. A continuous network consisting of any combination of phvsically designated in-street bicycle lanes at least four(4)feet wide,off-street bicycle paths or trails at least at least five (5)feet wide, and/or streets with low traffic volumes designed to carry neighborhood traffic (bicycle through-streets). Refer to AASHTO bicycle and pedestrian standards for appropriate design and construction. Bicycle Storage for Multifamily Residential: In order to meet this requirement,the project must provide secure bicycle racks on-site with at least one bicycle space per ten (10)dwelling units and no fewer than four(4)spaces per project site. Bicycle Storage for Retail:The project must provide secure visitor,customer and/or employee bicycle racks on site,with at least one bicycle space per 5,000 square feet of retail space, but no fewer than one bicycle space per business or four bicycle spaces per project site,whichever is greater. Bicycle Storage for Commercial Non-Retail:The project must provide secure employee and/or visitor bicycle racks on-site with at least one bicycle space per 10,000 square feet of commercial non-retail space but not fewer than four bicycle spaces per building. Additional Reauirement 5:Certified Green Building Building certification must be completed by the applicable program's third party certification program (i.e.: NAHB Green Building Certification must be conducted through the local NAHB certification program). Additional Requirement 11:Affordable Housing A-404( 10/12) Page 13 of 14 For rental units, affordability must be priced for households earning 60%of the area median income (AMI). Rental limits are calculated annually based on the HUD Standard Income and Rent Limits table. For sale units,affordability will be based on sale price limits established by the North Carolina Housing Finance Agency First-Time Home Buyer Mortgage and Downpayment Assistance Program.(4/6/10) 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 13th day of November,2012. E 0 nathan Wad, an o � � 0 ttest: .FSTABLISHti�,�j Sheila L.Schult,Clerk to the Board A-404( 10/12) Page 14 of 14 Exhibit Book 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 : I i A-406(10/12) 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. Deletions have strikes 3 through them: 111-2.1: Required community information meeting before consideration Before an application will be accepted as complete for a zoning amendment for proposals involving Planned Development,Riverfront Mixed Use District, Conditional Use Zoning District, Conditional District or Exceptional Design Zoning District,the petitioner must include a written report of at least one(1) community information meeting held by the petitioner. The community meeting shall be held prior to submission of the application for map amendment,but after a pre-application conference with Planning& Inspections staff. The primary purpose of the community meeting is to explain the upcoming proposal and field questions from people in the surrounding area. I At a minimum The applicant shall provide written notice by mail or other agreed upon measure at least ten days prior to the date of the neighborhood meeting. Notice shall be provided to each owner of record of land and any current tenants within 5-100 feet of and on the property for which development approvals are sought. Notice shall also be provided to organizations entitled to notice based on a standing written request on file with the Clerk to the Planning Board I ("Sunshine LauList"). The meeting should focus on information exchange between an applicant and the specific invitees but should be open to the general public as well. 3 The report shall include, at a minimum the following (1) A list of those that were not able to be contacted and reason(s) why contact was not successful (2) Date, time and location of the meeting; (3) Roster of the persons in attendance at the meeting; r (4) Summary of issues discussed at the meeting; and (5) Description of any changes or adjustments to the rezoning petition made by the petitioner as a result of the community meeting. A-406(10/12) Page 1 of 3 In the event the petitioner has not held at least one (1)meeting pursuant to this subsection,the petitioner shall file a report documenting efforts that were made to arrange such a meeting and stating the reasons such a meeting was not held. The adequacy of a meeting held or report filed pursuant to this section shall be considered by the Planning Board in its decision and by the County Commissioners, as appropriate but shall not be subject to judicial review. (9/07) Petitions Section 112: Approval Process 112.1: (1)Whenever a zoning classification change or Special Use Permit is proposed, the Planning and Inspections Department shall notify all owners of the subject tract and all owners of all adje parcels within 500 feet of the proposed classification change or Special Use Permit by first class mail at the last address listed for such owner on the County tax abstracts. All I tenants of the subject tract and parcels within 500 feet of the subject tract will be notified where practicable. The person mailing such notices shall certify to the County Commissioners of that fact. Notices shall be mailed no later than ten (10) days prior to the first scheduled public hearing for the petition or application and shall contain adequate information to notify such owners of the specific request of the petitioner/applicants as well as the time, date, and location of the public hearing. (2) Failure of any addressee to receive notification shall not in any way invalidate or affect subsequent action on the petition or application unless due to failure to follow the above notification requirements, in which case the County Commissioners shall determine the appropriate remedy. (3) No later than ten (10) days prior to each scheduled public hearing,the Planning and Inspections Department shall post a clearly legible sign or signs on the property and/or its approaches to indicate the time, date, and place of the hearing and how additional information may be obtained. Sign location or locations shall be selected to insure visibility to neighboring residents and passersby. (4) In each of the two (2) calendar weeks preceding the County Commissioners'public hearing, the Planning and Inspections Department shall publish in the local newspapers a Notice of Public Hearing indicating the time,date, and place of the hearing and giving a brief description of the rezoning and Special Use Permit proposals on the agenda. Zoning Board of Adjustment Section 121: Filing and Notice for an Appeal 121-3: Notice -At least one(1) week prior to the date of the hearing, the zoning administrator shall furnish all property owners of the subject tract and aojei*ingproperty owners within 500 feet of the subject tract with written notice of the hearing. All tenants of the subject tract and parcels within 500 feet of the subject tract will be notified where practicable. Notice of Public Hearing shall be published once a week for two (2) successive calendar weeks in the local A-406(10/12) Page 2 of 3 newspaper. Public notice may also be posted on the property concerned indicating the proposed change and date of public hearing. 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 1S3A-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 13th day of November,2012. OvNTY.N } 01 �w ti o than Barf Jr, hairman n 0 Attest: AtISIM Sheila L.Schult,Clerk to the Board P A-406(10/12) Page 3 of 3 Exhibit page °I b Book l . �[ a AN ORDINANCE OF THE COUNTY OF NEW HANOVER s AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY,NORTH CAROLINA ADOPTED OCTOBER 6,1969,AND SUBSEQUENTLY AMENDED A-407(10/12) d 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. Deletions have strikes through them: i Section 111: Petition 111-3:Submittal Procedure I (1)All necessary forms are available from the Planning and Inspections Department. The Department will upon request provide instructions, interpret applicable requirements and discuss the compatibility of the proposed change with such requirements. Such assistance shall not be construed as support for the proposal. (2) Since major factors in considering a petition for a zoning map change are the impact of the proposed change on the value of adjoining parcels and its compatibility with its surroundings,petitioners for such changes are encouraged to consult with owners of adjoining parcels and other potentially affected parties before submittal. (3)Petitions must be received by the Planning and Inspections Department not later than twenty(20)working days prior to the Planning Board meeting at which the application is to be considered. (4)After a final action has occurred on a petition, a new application for any portion of the tract included in the present petition may be accepted within twelve (12)months from the date of the final action if a substantial change has been made to the original petition. No fien shall be fe rezening petition for-any peFfien of the tr-aet ineluded in the pr-esefA petition. (5) If the last previous petition was withdrawn after the public notice for its scheduled public hearing has been delivered to the newspaper under the provisions of Section 112-1(4),the twelve(12) month period shall be measur-ed ffom the date of sueh seheduled hear-in a petition may be accepted within twelve(12)months from the date of such scheduled hearing I if a substantial change has been made to the original petition. (6)A rezoning petition withdrawn before the public notice of scheduled public hearing before the Planning Board has been delivered to the newspaper does not restrict the timing of later petitions in any way. A-407 (10/12) Page 1 of 3 (7)All requests for continuances of proposals and petitions involving a change of zoning shall be subject to the following policies: (A)If an applicant requests that an item be delayed for consideration on the Planning Board agenda,the request must be in writing to the Planning and Inspections Director and must include the reason(s) for the requested delay. If the request is received 1. Prior to notice being sent to the newspaper for advertising, the Planning and Inspections Director may remove it from the agenda and calendar it for the next meeting.No additional fee will be required. Only one administrative continuance is allowed per permit application. 2. After notice has been sent to the newspaper,the item will remain on the agenda and the Planning Board will act on the request for continuance of the item at the meeting.The Board is under no obligation to grant a continuance. If continued, a fee in accordance with the adopted fee schedule will be charged and the item will be rescheduled for the next upcoming meeting of the board or some other date certain. If the applicant fails to appear at the meeting or fails to pay the additional fee by the publication deadline,the proposal will be deemed withdrawn, and a new application process will be required. (B)If an applicant requests delay of consideration from the Board of County Commissioners agenda,the request must be in writing to the County Manager, copied to the Planning and Inspections Director,and must include the reason(s)for the request. If the request is received: 1. Prior to notice being sent to the newspaper for publication,the Planning and Inspections Director will remove the item from the list of planning items being sent for the Manager's agenda and calendar it for the next regular night meeting. The Planning and Inspections Director will immediately cause correction of the signage posted noticing the public hearing.A fee in accordance with the adopted fee schedule will be paid to the NHC Planning and Inspections Deparhnent to offset the cost of fuel and staff time to correct the signage. 2. After notice has been sent to the newspaper, the item will remain on the agenda and the Commissioners will act on the request for continuance of the item at the advertised meeting. The Commissioners are under no obligation to grant a continuance and may choose to hear the item and act on it. If continued, a fee in accordance with the adopted fee schedule will be paid and the item will be rescheduled for the next regular hearing meeting or some other date certain. If the applicant fails to appear at the meeting or fails to pay the additional fee by the publication deadline,the proposal will be deemed withdrawn, and a new application process will be required. (9/07) Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. A-407 (10/12) Page 2 of 3 t 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 i and reasonable and in the public interest. 4 Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare Y 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 13th day of November,2012. OVNTY. G F O p on than Barfi ,J airman a 'y2 a2 ttest: Sheila L.Schult,Clerk to the Board x S F t q5 E 7 a A-407 (10/12) Page 3 of 3 Inning Boa Section-Page. AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE OFFICIAL ZONING MAP OF ZONING AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED April 7, 1971 and subsequently amended CASE: Z-918,04/12 3 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area 4 is hereby amended by removing the hereinafter described tracts from the Conditional Use Office and Institutional District and R-15 Residential District and placing it in a Conditional Zoning B-2 Highway Business District, said land and right-of-way being described as follows: Beginning at a point formed by the intersecting lines of the southern R/W of Horn Road (S.R. 1262) and the western R/W line of Carolina Beach Road and running thence from said beginning point south 55 degrees 26 minutes 56 seconds west along the southern R/W line of Horn Road 270+/- feet to a point in said R/W; thence running in a northerly direction from the point in the southern R/W of Horn Road 60 feet to a point in the northern R/W of Horn Road, said point also being an iron pipe located 280.38 feet south and west from a control point that marks the intersection of the western R/W of Carolina Beach Road and the northern R/W of Horn Road; thence running north 57 degrees 40 minutes 59 seconds west 75.98 feet to a point in Long Branch; thence along Long Branch north 44 degrees 52 minutes 00 seconds west 50.60 feet to a point in Long Branch; thence along Long Branch north 77 degrees 57 minutes 29 seconds west 89.74 feet to a point in Long Branch; thence along Long Branch North 77 degrees 24 minutes 29 seconds west 89.74 feet to a point in Long Branch; thence along Long Branch north 77 degrees 24 minutes 29 seconds west 19.99 feet to a point in Long Branch; thence north along Long Branch 38 degrees 34 minutes 50 seconds west 26.75 feet to a point in Long Branch; thence along Long Branch north 68 degrees 08 minutes 04 seconds west 71.95 feet to a point in Long Branch; thence north along Long Branch 38 degrees 34 minutes 50 seconds west 26.75 feet to a point in Long Branch; thence along Long Branch north 25 degrees 25 minutes 35 seconds west 13.70 feet to a point Long Branch; thence north 55 degrees 25 minutes 11 seconds east 433.97 feet to a point in the western R/W line of Carolina Beach Road with said line being further described in Deed Book 1237 at page 383 in the New Hanover County Register of Deeds Office, Wilmington, NC; thence from said point east northeast approximately 160 feet to a point in the eastern R/W of Carolina Beach Road thence along the Eastern R/W in a southeast direction 360 +/- feet to a point in the R/W; thence from the aforementioned point in a southwest direction approximately 160 feet to the point and place of beginning. Z-918,04/12 Page 1 P { 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 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 conditions also approved as part of this action, shall be in full force and effect from and after its adoption. Section 4. The County Commissioners find, in accordance with the provisions of NCGS 153A-341 that the zoning map amendments of approximately 2.49 acres of land and 1.70 acres of right-of-way from Conditional Use Office and Institutional District and R-15 Residential to Conditional Zoning B-2 Highway Business District is: Consistent with the purposes and intent of the Conditional Zoning District outlined in section 59.10 and B-2 Highway Business District outlined in Section 55 of the New Hanover County Zoning Ordinance and the intent of the Urban classification of the 2006 CAMA Land Use Plan. Reasonable and in the public interest to rezone 2.49 acres of land and 1.70 acres of right- of-way Conditional Use Office and Institutional and R-15 Residential property to Conditional Zoning B-2 Highway Business property. Section 5. The County Commissioners find that ail of the specific requirements set forth in Section 59.10 and 55 of the County Zoning Ordinance WILL be satisfied if the property is developed in- accordance with the plans - submitted--to the County Commissioners and attached as part of this approval. IT IS ORDERED that the application for the issuance of a CONDITIONAL ZONING DISTRICT BE GRANTED subject to the following conditions: A. If any of the conditions imposed within this conditional zoning district shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this district designation shall be reversed and the tract shall be rezoned in accordance with the process for map amendment outlined in Section 112 of the zoning ordinance. B. Additional Conditions include: (1) The dumpster location be placed as far away as possible from the northwest property; (2) Installation of an eight (8) foot fence along the northwest side of the property, (3) In coordination with WAVE improve the existing transit site, fronting the subject property; (4) Construction of sidewalks, fronting Carolina Beach Road and Horn Roads accessing the site to ensure potential pedestrian safety and connectivity to the adjacent residential neighborhood; Z-918,04/12 Page 2 (5) Exclusion of Funeral Homes including cremation services, Special Trade Contractor with no outside storage, Landscape Services- maintenance and design or related services , General Building Contractor with no outside storage, Landscaping Contractors with no outside storage, Research Facilities, Electrical Repair Shops, and Indoor Recreation Facilities from the list of permitted uses and limiting Dry Cleaning or Laundry Plants to facilities with drop off and pick up only; (6) Hours of access should be limited to avoid undue disturbance of the peaceful enjoyment of the surrounding neighborhood and should be specified on the site plan. Staff recommends hours of 7 a.m. to 9 p.m., consistent with the intent of Section 23-34(b) of the County Code of Ordinances relating to unlawful noise-generating activities in residential areas; and (7) Strategic placement of lighting and equipping each light with cones directing the light downward,minimizing the impacts on adjacent residential neighbors. Section 6. In accordance with Section 59.10-6 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. Section 7. 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. Adopted the 13th day of November,2012. �vNTY.� } 0 J an B airman o � o A Sheila L. Schult, Clerk to the Board Z-918,04/12 Page 3 II 3 SUP Book „Page COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO ISSUE A SPECIAL USE PERMIT High Density Apartment Campus in a CD (0&1)Office&Institutional District j and R-15 Residential Zoning District S-610,(10/12) The County Commissioners for New Hanover County having held a public hearing on November 13, 2012 to consider application number S-610 submitted by Design Solutions on behalf of Gordon Road Development Partners, LLC to establish a 192 unit apartment campus at 8703 Stephens Church 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: �I 1. The County Commissioners FIND AS FACT the following: A. The use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. R B. The use meets all required conditions and specifications of the zoning ordinance. s C. The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. D. 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. 2. 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. 3. 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. That the applicant shall fully comply with all of the specific requirements stated in Sections 69.4 and 71 of the Ordinance for the proposed use, as well as the proposed and approved site plan, and all 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. 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 Condition: 1. The petitioner make all practical efforts to work with the North Carolina Department of Transportation (NCDOT) to improve the southernmost road intersection of US Highway 17 and Stephens Church Road by providing for a dedicated right turn lane for traffic a turning onto Highway 17 and to encourage the diversion of traffic from the intersection to the northern or secondary access of Stephens Church Road to reduce traffic safety concerns. i Page 1 of 2 4 Ordered this 13th day of November, 2012. �'2- 9/// ON3 S Y•� o?�y J athan Barfie Chai an o � � 9 A es 0 3y2 a2 _ Sheila L.Schult, Clerk to the Boar Page 2 of 2 I SUP Book 1 tf � Page COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER TO ISSUE A SPECIAL USE PERMIT Convenience Food Store in an 0&1 Office and Institutional Zoning District S-606, (09/12) The County Commissioners for New Hanover County having held a public hearing on November 13, 2012 to consider application number S-606 submitted by Stephen Ohm, on behalf of Security Savings Bank,to establish a convenience food store at 5511 Carolina Beach 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 71-1 of the Count Zoning Ordinance WILL be satisfied if the property is developed in i Y g P p Y p 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 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 71 of the Ordinance for the proposed use, as well as the proposed and approved site plan, and all 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. 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. Site plan option 2 which shifts the facility south will be used as presented (see attached site plan), i 2. The lighting impact will be mitigated through the use of a concrete wall in front of a 100%opaque buffering material in the form of twelve foot(12') Leyland cypress trees to block light from the second story windows of adjoining residential homes located to the rear of the petitioner's property. Ordered this 13th day of November,2012. i VNTY• nathan Barf' , r., hairman O Attest: ~`� Y 'y az Sheila L. Schult, Clerk to the Board ti Page 1 of 2 s i Findings of Fact: 1. The Board finds that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. 2. The Board finds that the use meets all required conditions and specifications of the zoning ordinance. 3. The Board finds that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. 4. The Board finds 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. Page 2 of 2