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HomeMy WebLinkAbout2008-12-01 RM Exhibits. ~ ~ - _ ~- ~._ ~: -._ ; ~~ Exhibit Book _.,,3 ~ PaQe 2s_..:. ~ a-- 1\IEW HAItiIOVER COUI~iTY BOARD OF" COMMISSIOItitERS Oath o~ o~ce I, Ted Davis, Jr., do solemnly swear that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as County Commissioner of New Hanover County, so help me God. TED DAMS, sworn to anc~ su~seri~iec~ lie re nze tJzis Fir az~ December, 2 ~ ~ ~ ~`iel F. ~C mas ~ 1 Nort~z ~.'aro 'na House of .Re~resentativ iw~ 0 _~TY ~:ti~; F,1IAh` Ll~ cLI - - _ ~_ _~-~: Bxhiblt 3 ook ,.,,,_„ I _ Page ~ • 1. 1`IEW HANOVER COUNTY BOARD OF' COMMISSIONERS Oath of Office I, Jonathan Barfield, Jr., do solemnly swear that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as County Commissioner of New Hanover County, so help me God. ;~istr{ct Court JucZc~e P~ftl~ district /,~~ O _~TY . Feraiiua~~,;~. ~~ cv swor~z to anc~ su~iseril~ecZ ~iefore me tJias ~trst c~a,~ of Decenz~ier, 2008 -, ~: ~ _.- ~. Exhibit 3 ~ Book page Z 5i ~ NEW HA1titOVER ~OU1`ITY BOARD OF COMMISSIONERS Oath of O~ce I, Jason R. Thompson, do solemnly swear that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as County Commissioner of New Hanover County, so ,h~l rr~e~God. 7 ,; .Sworn to anc~ sul~scri~iecl ~iefore me this First c~a~ of Decem~ier, 2008 ~~~ ~r~ ~.' ` _ ~ ~ay D. Hoclzenbury North C'aro~irza Superior Court Judge ~i .District `' .1 SON R. THOMPSON ANT ~ Np GO ~ a RTti w~ O O C ~i~,'i' / ,,. ; f,S) 4NlI~tC'~~. L1~ ~L] ~~. MEW I-IAI\IOVI~R COUNTY REGISTER OF' DEEDS Qat~ of ~~ce Exhibit Book _page 2=d., I, Jennifer Hardison Mac.Neis~i, do so~emn~iJ swear that I wi~~ su~~ort and maintain tie Constitution and ~aws of tie United ,States, and tie Constitution and ~aws of .Nort~i Caro~ina not inconsistent t~ierewit~i, and tat I wi~~ fait~ifu~~iJ disc~iarge the duties of t~re office of Register of Deeds of New Hanover Countg, so ~ie~~ me God. I, Jennifer Hardison MacNeis~, do so~emn~iJ swear that I wi~~ fait~ifu~~y and tru~2J,, according to t~e ~est of mg s~i~~ and a~ii~itz>, execute tie duties of tie office of Register of Deeds for tie Countg of mew Hanover, in a~~ t~iings according to tie ~aw, so ~ie~~ me, God. .sworn to anc~ su~iscri~ied ~iefore me this .~irst c~azJ of Decem~ier, 2008 ~~~ ` eS ri. t'a1SOT1, lltr ~Tort~i C /o~ina District Court Juclge Fiftk District -iTV `'f ~A.HI SCNw ~~ EXni~a Book,. 3 ~ p~ a ~ ~ STATE OF NORTH CAROLINA NEW HANOVER COUNTY BOND APPROVAL WHEREAS, pursuant to Chapter 58 of the North Carolina General Statutes, the Board of County Commissioners conducts an annual review of public official bonds; WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force and to be in proper format. NOW, THEREFORE, the Board of County Commissioners does hereby approve the Surety Bond for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector. This designation of approval is hereby incorporated within the respective bond as if set out in its entirety on the face thereof. This the 1st day of December, 2008. ATTEST: a ~-~ Clerk to the Board NEW HANOVER COUNTY Ted Davis, Jr., 'man Board of County Commissioners Exhibit Book~Page.` AGENDA: December 1, 2008 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-091 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-091 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/Epidemiology Ex enditure: Decrease Increase Health/B idemiolo Su lies $3,000 Total $3,000 Revenue: Decrease Increase Health/B idemiolo Centers for Disease Control and Prevention Grant $3,000 Total $3,000 Section 2: Explanation The state, with a grant from the Centers for Disease Control and Prevention, has awarded the New Hanover County Health Department $3,000 to be used to purchase arefrigerator/freezer for vaccine storage. This additional storage equipment will ensure adequate and properly functioning facilities are available to safeguard state-supplied vaccines. 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 09-091, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. this 15` day of December, 2008. J~ T d avis, Jr., a' ' n ~ ~_ Sheila L. Schult, Clerk to the Board Zoning Book Section Page ~9 z AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. 4, Masonboro, and AREA No. 9B OF NEW HANOVER COUNTY, NORTH CAROLINA AS ADOPTED December 5, 2005 CASE: Z-891, 11/08 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Areas No. 4, Masonboro, and 9B are hereby amended by removing the hereinafter described tracts from the R-15 Residential District and CD (B-1) Conditional District and placing them in new Conditional Districts CD (B- 2) and CD(B-1) for the purposes of a mixed use commercial project, said lands being described as follows: BELLE MEADE CENTRE 11.771 ACRES REZONED TO: {CD)B-2 Commence at an existing concrete monument in the centerline of St. Andrews Drive at its intersection with the northeastern right-of--way line of U.S. 421 (Carolina Beach Road); thence along and with the northeastern line of Carolina Beach Road South 39 degrees, 30 minutes, 53 seconds East a distance of S 1.00 feet to an existing iron pipe, said pipe being the Point of Beginning; thence North 50 degrees 29 minutes 21 seconds East a distance of 322.55 feet to a point; thence North 03 degrees, 34 minutes, 31 seconds East a distance of 398.81 feet to a point; thence North 50 degrees, 28 minutes, 31 seconds East a distance of 11.96 feet to a point; thence following along a curve to the right (Arc=11.57' ;Radius=340.00') a chord which bears North 82 degrees 01 minutes 06 seconds West a chord distance of 11.57 feet to a point located in the southeastern R/W line of St. Andrews Drive (100' Public RIW); thence along and with aforementioned R/W line North 12 degrees 27 minutes 31 seconds East a distance of 30.06 feet to a point located in the centerline of Sikes Lane (Future 60' Public RJW); thence along and with said centerline of Sikes Lane (Future 60' Public R/W) the following course and distances: following along a curve to the left (Arc=70.25' ,Radius=310.00') a chord which bears South 87 degrees 52 minutes 29 seconds East a chord distance of 70.10 feet to point, North 85 degrees, 3 $ minutes, 00 seconds East a distance of 247.33 feet to a point; following along a curve to the right (Arc=313.09' , Radius=310.00`) a chord which bears South 65 degrees 25 minutes 59 seconds East a chord distance of 299.95 feet to point, South 36 degrees, 29 minutes, 57 seconds East a distance of 259.81 feet to a point; thence leaving aforementioned centerline South 50 degrees, 28 minutes, 51 seconds West a distance of 994.87 feet to a point located in the northeastern right-of--way line of U.S. 421 (Carolina Beach Road); thence along and with said northeastern right-of--way line North 39 degrees, 30 minutes, 53 seconds West a distance of 400.00 feet to the Point of Beginning; containing 11.77 acres, more or less. -AND- Page 1 of 6 BELLE MEADS CENTRE 12.96 ACRES ZONE: (CD)B-1 Commence at an existing concrete monument in the centerline of St. Andrews Drive at its intersection with the northeastern right-of--way line of U.S. 421 (Carolina Beach Road); thence along and with the northeastern line of Carolina Beach Road South 39 degrees, 30 minutes, 53 seconds East a distance of 51.00 feet to an existing iron pipe; thence South 39 degrees, 30 minutes, 53 seconds East a distance of 400.00 feet to the Point of Beginning; thence North 50 degrees, 28 minutes, 51 seconds East a distance of 994.87 feet to a point located in the centerline of Sikes Lane (Future b0' Public R/W); thence along and with aforementioned center line of Silces Lane South 40 degrees, 35 minutes, 46 seconds East a distance of 563.94 feet to a point; thence leaving said centerline South 50 degrees, 23 minutes, 58 seconds West a distance of 1005.52 feet to a point located in the northeastern right-of--way line of U.S. 421 (Carolina Beach Road); thence along and with said northeastern right-of--way line North 39 degrees, 30 minutes, 53 seconds West a distance of 565.27 feet to the Point of Beginning; containing 12.96 acres, more or less. -AND- BELLE MEADS CENTRE 4.62 ACRES REZONED T0: {CD)B-1 Commence at an existing concrete monument in the centerline of St. Andrews Drive at its intersection with the northeastern right-of--way Line of U.S. 421 (Carolina Beach Road}; thence along and with the northeastern lz`ne of Carolina Beach Road South 39 degrees, 30 minutes, S3 seconds East a distance of 51.00 feet to an existing iron pipe; thence South 39 degrees, 30 minutes, 53 seconds East a distance of 965.27 feet to the Point of Beginning; thence leaving said northeastern right-of=way line of Carolina Beach Road North SO degrees, 23 minutes, 58 seconds East a distance of 1005.52 feet to a point located in the centerline of Sikes Lane (Future 60' Public R/W); thence along and with aforementioned center line of Sikes Lane South 40 degrees, 35 minutes, 46 seconds East a distance of 200.03 feet to a point; thence leaving said centerline South 50 degrees, 23 minutes, S8 seconds West a distance of 1009.30' feet to a point located in the northeastern right-of--way line of U.S. 421 {Carolina Beach Road); thence along and with said northeastern right-of--way line North 39 degrees, 30 minutes, S3 seconds West a distance of 200.00 feet to the Point of Beginning; containing 4.62 acres, more or Less. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Areas No. 4, Masonboro, and Area No. 9B on file in the office of the County Commissioners, so as to make it comply with this ordinance. Page 2 of 6 Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A-341, that this zoning map amendment of 4.62 acres from R-15 Residential district and 24 acres CD(B-1) conditional district to total 17.58 acres CD(B-1) and 11.77 acres CD(B- 2)is: A. Consistent with the purposes and intent of the transition land classification and associated policies in the 20061and use plan. B. Reasonable and in the public interest to allow a movie theater and a limited range of B-1 uses as noted on site plan for the companion special use permit. Adopted the 15t day of December, 2008. .~ 1 ~ ~..~ Ted Davis, Jr., airman Attest: Sheila L. Schult, Clerk to the Board Page 3 of 6 SUP Book! ..Page ~ 3 :. ~ COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For Mixed Use Commercial Center in CD(O&I) and Movie Theater with limited Mixed Use Commercial in CD(B-2) Zoning Districts Z-891, 11/08 The County Commissioners for New Hanover County having held a public hearing on December 1, 2008 to consider conditional rezoning application number Z-891 submitted on behalf of owner Atlantis Holding, LLC and others for a movie theater and limited mixed commercial uses in CD(B-2) Conditional District and limited mixed commercial uses in CD(B-1) approved under companion rezoning action, said proposal being located south of St. Andrews Drive and east of Carolina Beach Road as described in the companion map amendment and the site plan here attached, aild having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 71-1, and Section 59.7 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Public utilities are available to the site. B. Fire Service is provided by the Myrtle Grove FD. C. The property is not located in a flood hazard area D. Stormwater control is subject to the requirements of the County's stormwater ordinance and will be accommodated on site. E. A traffic impact analysis was prepared for this proposal, indicating that the right in-right-out driveway for the CD(B-2) portion will require a turn lane, and internal turn lanes will need to be added exiting the parking lots onto Matteo Drive. F. New collector streets as shown on the site plan, and other congestion management improvements as required by NCDOT have been installed at the site. Page 4 of 6 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support ofthis conclusion, the Commissioners make the following FINDINGS OF FACT: A. Approximately 25 acres of the site is currently vacant land zoned CD(B-1) and the 4.5 acre proposed addition is residential land zoned R-15 . This request is made concurrent with conditional rezoning to CD(B-2) for 11.77 acres in order to add a 2,626-seat movie theater to the list of allowable uses, and CD(B-1) on the remaining 18 acres.. B. A table of allowed uses for each zoning portion has been included on the proposed site plan. C. Parking is proposed at 1,393, which exceeds the minimum requirements of the ordinance by 162 spaces. D. Community information meetings were held by the applicant for surrounding property interests on 4 occasions prior to the Planning Board meeting. E. Buffers will meet or exceed the requirements of the ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been submitted that this project will decrease property values of adjacent parcels. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 Update of the Joint CAMA Plan describes the purpose of the Urban class as providing for continued intensive development and redevelopment of exiting urban areas where urban services are in place or scheduled within the immediate future. B. The proposal is not inconsistent with the policies relating to mixed use developments in proximity to the populations they serve. Page 5 of 6 6. 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 provisions of conditional rezoning and limitations of the attached site plan and the following additional conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as additional conditions stated below and all other state or federal requirements. 1. Improve roundabouts in Belle Meade Plantation subdivision by installing raised, reflective devices to slow traffic. 2. Install 3-way stop at the intersection of Pine Hollow Drive and Split Rail Drive in the Johnson Farms subdivision. 3. Stripe standard bike lanes along Pine Hollow Drive in the Johnson Farms subdivision. 4. Improvements should meet NCDOT standards so that future acceptance for maintenance will not be compromised. B. In accordance with Section 59.7-6(1) of the ordinance, a building permit must be issued within 24 months of approval or the action maybe revoked G 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. Ordered this 1 srt day of December, 2008 NTH' ~~ ~ y a ~ ~~:~`, ~ O z _ ,3, _,~ `~''r~~ ~ 2. Ted Davis, ., Zainnan Attest: ~ P ~l" flLl Si{EGA Sheila L. Schuh, Clerk to the Board Page 6 of 6 SUP Book!v Page COUNTY OF NEW I-IANOVER STATE OT NORTA CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Child Daycare Facility up to 144 children in an R-IS Residential Zoning District 5-531, Modified 12/08 The County Commissioners for New Hanover County having held a public hearing on December 1, 2008 to consider application number S-531M subntted by New Hanover County School System for a special use permit to modify the permit and site plan of an approved Child Daycare Facility in a R-15 Residential District at 4905 S. College 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: The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Sections 71-1 and 72-20 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Public water and sewer serves the property. B. The property accesses S. College Road, an identified arterial through a single driveway. C. Level of Service on S. College Road is rated F meaning the traffic exceeds capacity. D. Traffic Impact Analysis is not required because peak hour traffic generation for the added students is below the 100 peak hour trip threshold for TIA. E. Fire Service is available from the Myrtle Grove Fire Department. F. The property is not located in a flood hazard area. G. The facility is an existing daycare. H. Total area of the site is 4.04 acres. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-15 Residential. B. The existing special use permit was issued in July 2005 for up to 100 children and includes several conditions. The school system has acquired the property and desires to continue a daycare use but wishes to increase allowed enrollment up to 144 students. The family life center originally shown on the approved site plan is no longer planned for the site. C. Off-street parking requirements meet or exceed the requirements of Article VIII of the New Hanover County Zoning Ordinance. D. The play area must be enclosed by a fence with a minimum height of four feet. The site plan shows a play area to the west of the building. E. The day care is licensed by the State of North Carolina. F. Pre-existing signage in excess of the standard allowable 2 sq. ft. is already in place at this site. G. All other local, state and federal requirements must be met. 4. It is the County Cornnussioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value S-531M(ll/08) of adjoining or abutting property, or that the use is a public necessity. In supportrt of this conclusion, the Comnssioners make the following FINDINGS OF FACT: A. Child care facilities exist in other residential districts in New Hanover County. The location has facilitated an operating daycare for several years. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Surrounding property is zoned R-15 C. Ail existing stonnwater pond is located on site. Overall imperious area would be reduced by the elimination of the family life center from the permit. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely 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. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 Land Use Plan Update identifies this area as Transition, which provides for future intensive urban development where necessary services are provided. B. Policies in the 2006 Land Use Plan do not specifically address daycare needs, but Policy 4.1 encourages designation of sufficient land area and suitable locations for the various land use types. Growth in our area has increased demand for child care services. 6. 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 attached site plan and the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as the additional conditions stated below and all other state or federal requirements. 1. The gate located at the rear of the daycare facility and adjacent to Foxwood Lane will be utilized for emergency access purposes only. 2. Operating hours for the daycare facility will be 6 a.m. to 6 p.m. 3. Lighting around the daycare facility will not be intrusive to adjoining property. B. 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. Ordered this 1 S` day of December, 2008 vNTY . ~,o ~o w~ ' ~ y ° ~-~~ z o ~~Z I a2 •q~~, ~/ Ted Davis, Jr., ' rman Attest: i Sheila L. Schuh, Clerk to the Board S-531M(ll/08)