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2009-01-05 RM ExhibitsExhibit Book ~Page:.~ NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description: Gruffy Court in The Cottages at SunCoast Subdivision in New Hanover County (Division File No. 1133-N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportation for the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 5th day of January , 2009. ~ 0-'~\k&N WITNESS my hand 2009. Form SR-2 Please Note: resolute.doc and official seal this the 01, day of Sheila L. Schult, Clerk to the Board New Hanover County Board of Commissioners Forward directly to the District Engineer, Division of Highways. Exhibit Book 3 2 . page AGENDA: January 5, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-119 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-119 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Fire Services District Department: Fire Services / Operations Expenditure: Decrease Increase Fire Services Operations: Travel & Training $771 Equipment 15,022 Total $15,793 Revenue: Decrease Increase Fire Services Administration: Operating Grants & Contributions -CEDAP $15,793 Total $15,793 Section 2: Explanation To budget Commercial Equipment Direct Assistance Program (CEDAP) grant received from the Department of Homeland Security (DHS) FEMA. The grant application was approved by the County Board of Commissioners at the July 21, 2008, meeting. The radiation detection equipment will be purchased on behalf of, and shipped directly to, NHC following the attendance and completion of training in Washington, D.C. by one individual from the NHC Fire 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 09-119, amending the annual for the fiscal year endi June 30, 2009, is adopted. dopted, this day of 2009. Ted Davis, Jr., ai an ATTE T: Sheila L. Schult, Clerk to the Board Exhibit Book 32 page. AGENDA: January 5, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-104 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-104 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: DSS / Work First Demo Grant Expenditure: Decrease Increase Work First Demo Grant - TANF: Contract Services $23,200 TANF WF Grant Child Daycare 10,000 Client Transportation 3,695 Work First Transition Checks $13,695 Total $36,895 $13,695 Revenue: Decrease Increase Work First Demo Grant - TANF: -Operating Grants & Contributions - Smart Start $23,200 Total $23,200 Section 2: Explanation To reduce the TANF Work First Demo Grant revenues and expenditures to reflect a $23,200 reduction in grant funds allocated for FY08-09, and to transfer funds between line items. The decrease will have a minor impact on services as funds will be redistributed to minimize the impact on the clients. The increase in the Work First Transition Checks is an expansion of the pay-for-performance program. 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 09-104, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. ~dopted, this 541\ day of o.h __12009. QFr~. (SEA \ e Davis, Jr., Chair L. Exhibit Book i page h AGENDA: January 5, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-107 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-107 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: Aging / RSVP Ex enditure: Decrease Increase RSVP: Contract Services- Meals $1 000 Postage Expense 300 Supplies 900 Volunteer Mileage Expense 300 Volunteer Recognition 1,000 -Training and Travel 700 Total $4,200 Revenue: Decrease Increase RSVP: SHIIP Grant - State Department Of Insurance $4,200 Total $4200 Section 2: Explanation To budget grant funding received from the North Carolina Department of Insurance, Senior Health Insurance Information Program (SHIIP) Division, for the Retired and Senior Volunteer Program (RSVP). The New Hanover County Board of Commissioners approved the request to submit the grant application at the September 22, 2008 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 09-107, amending the annual budget ordinance for the fiscal year enljing June 30, 2009, is adopted. Adopted, thisS~ day of \1 2009. ~i Ted Dav s, Jr., Chairm Exhibit Book 3 2. Page -.L._ 3C, AGENDA: January 5, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-109 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-109 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: Museum/Grassroots Grant Ex enditure: Decrease Increase Grassroots Grant: Temporary Salaries $960 Social Security 75 Contracted Services 5,561 Total $6 596 Revenue: Decrease Increase Grassroots Grant: Grassroots Grant $6,596 Total $6,596- Section 2: Explanation To budget additional monies received from the Grassroots Arts Grant. Funds will be used to extend the hours of the temporary Administrative Assistant to assist in administering the Grassroots Grant and increase sub-grants to arts non-profits: money that passes through in contracted services for sub-grants. 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 09-109, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. 2009. f Ted Davis, Jr., Chai Exhibit Book 3g Page !_3,d, AGENDA: January 5, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-112 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-112 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: Library/Partnership for Children Expenditure: Decrease Increase Partnership for Children: Salaries and Wages $9,375 Total $9,375 Revenue: Decrease Increase Partnership for Children: Partnership for Children $9,375 Total $9,37-5 Section 2: Explanation To budget additional funds received for the Smart Start for Growing Readers program. The increase of $9,375 will allow the Growing Readers program to increase the part-time hours for the Literacy Consultants. Based on the original allocation, their hours had to be cut and this will allow them to work 22 to 25 hours per week instead of 19.5 hours per week. 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 09-112, amending the annual budget ordinance for the fiscal year ending June 30, 2009, is adopted. 14T Y • At, Adopted, this Sday of 12009. p AL) Q O ~yZ a2 Ted Davis, Jr., Chair n Sheila L. Schult, Clerk to B ok it%5oq Page e AGENDA: January 5, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-118 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-118 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/Vector Control Expenditure: Decrease Increase Health/Vector Control: Salaries and Wages $6 000 Supplies 9,000 Total $15,000 Revenue: Decrease Increase Health/Vector Control: NC Dept. of Environment and Natural Resources Grant $15,000 Total $15,000 Section 2: Explanation The New Hanover County Health Department has received notification from the NC Department of Environment and Natural Resources of a grant award in the amount of $15,000 for tick control. These funds will be used for surveillance, chemical treatments, and educational materials related to this project, which will be implemented by Vector Control. Application for this grant was approved by the County Commissioners on May 19, 2008. 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 09-118, amending the annual bud et ordinance for the fiscal year end' g June 30, 2009, is adopted. )V NTY. ted, thisZ,,.~_day of , 2009. y i A ST: Sheila L. Schult, Clerk to the Board Ted Davis, Jr., Chai an 9 d ~ ~ \ O Exhibit 3 GS~o+r :92 mift NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION SUPPORTING A PRIVATELY-CONSTRUCTED AIR FORCE ONE MUSEUM AND WHITE HOUSE PHOTO GALLERY ON NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PROPERTY NEAR THE INTERSECTION OF NORTH KERR AVENUE AND MARTIN LUTHER KING, JR. PARKWAY IN WILMINGTON, NORTH CAROLINA WHEREAS, the Wilmington Urban Area Metropolitan Planning Organization Transportation Advisory Committee during its December 17, 2008 meeting adopted a resolution in support of a privately-constructed Air Force One museum and White House photo gallery and is now requesting that the New Hanover County Board of Commissioners adopt a similar resolution; and WHEREAS, the North Carolina Aeronautics Council commissioned an economic impact and feasibility study to locate a proposed Air Force One museum and White House photo gallery; and WHERAS, the economic impact and feasibility study indicates that the Air Force One museum and White House photo gallery would create new jobs and have a positive economic impact to the Wilmington region and state of North Carolina; and WHEREAS, the museum board of directors has evaluated property adjacent to Wilmington International Airport near the intersection of North Kerr Avenue and Martin Luther King, Jr. Parkway; and WHEREAS, this property is currently owned by the North Carolina Department of Transportation and has been deemed by the museum board of directors as an appropriate location for the Air Force One museum and White House photo gallery; and WHEREAS, representatives from the Air Force One museum and White House photo gallery presented information to the Transportation Advisory Committee on December 1, 2008, regarding the proposed Air Force One museum and White House photo gallery in Wilmington, North Carolina; and WHEREAS, the museum board of directors has indicated that the museu n and photo gallery would be constructed through private financing and not require any public money; and WHEREAS, having the museum in North Carolina is appropriate for the historical preservation of aviation related materials; and WHEREAS, the establishment of a museum in Wilmington, North Carolina will further the prominence of aviation in the state and add to the education and information of the neat generation of aviators. NOW THEREFORE, be it resolved that the New Hanover County Board of Commissioners hereby supports a privately-constructed Air Force One museum and White House photo gallery on North Carolina Department of Transportation property near the intersection of North Kerr Avenue and Martin Luther King, Jr. Parkway in Wilmington, North Carolina and if the property is not developed within 5 years, the Transportation Advisory Committee will re-consider the proposal. ADOPTED, this the 5t" day of January, 2009. 4~ 1 NEW HANOVER COUNTY Ted Davis, Jr., Cha' n ATTEST: Sheila Schult, Clerk to the Board 91 Exhibit Book pop ~ STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF NAMING AN UNNAMED ROAD TO LITTLE PONY TRAIL (access easement) ORDER It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the naming of Little Pony Trail located near the 7200 block of Carolina Beach Road west side and extending west from that point approximately 2,810 feet. A public hearing was held on Monday, January 5, 2009 at which time all persons were heard on the question of whether or not the naming would be in the public interest; and it further appearing that notice of said hearing was transmitted to all resident owners and prominently posted in at least two (2) locations along said road; and published in the Star News local newspaper, and the Board of County Commissioners is of the opinion that said road in New Hanover should be named and the naming of the same is in the public interest, the description of which is delineated on the attached map exhibit. NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above described road is hereby named Little Pony Trail. IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the office of the Register of Deeds of New Hanover County, North Carolina, and that notice of the action taken by the Board of County Commissioners be transmitted to the postmaster having jurisdiction over the road, the North Carolina Board of Transportation and to any city within five (5) miles of said road in accordance with N.C. General Statues 153A-240. Adopted this the 51h day of January 2009. GO 0 Attest: -3y f ~ `T.II Y~ Sheila L. Schult, Clerk to Board Ted Davis, Jr., C an Exhibit Book Page ,L„,6, STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF ASSIGNING STREET HOUSE NUMBERS ORDER LITTLE PONY TRAIL It appearing to the Board of County Commissioners of New Hanover County that consideration has been given to the assignment of house numbers on Little Pony Trail, a numerical range of 500-899. WHEREAS, ready and accurate identification of developed property is important for the delivery of general County services, for the operation of commercial enterprises, for the response of emergency and public safety vehicles, and for the convenience of the general public; and WHEREAS, a comprehensive and systematic property numbering system is an efficient means of identifying property within the County; and WHEREAS, such a system will promote the health, safety, and welfare of the citizens of New Hanover County. THEREFORE, it further appearing that a public hearing was held on the 5th day of January, 2009, at which time all persons were heard on the question of whether or not assigning house numbers would be in the public interest, and it further appearing that notice of said hearing was prominently posted in at least two (2) locations along said street, that notice of the time, place and subject matter of the hearing was prominently posted at the Courthouse, and published in a newspaper of general circulation in the County. NOW, THEREFORE, it is ordained and decreed that the above House Number Assignment be made to Little Pony Trail. It is further ordered that a copy of this ordinance be transmitted to the postmaster having jurisdiction over the road, to the Board of Transportation, Sheriff's 911 dispatcher and to any city within five mile of said road in accordance with N.C. General Statues 153A-240. Adopted this the 5th day of January, 2009. teS ,=:`i ~:I1` ~ Clerk to the Board - Q Ted Davis, r., Chan nnan AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA "Castle Hayne" OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 1, 1985 Zoning Book., No - as CASE: Z-892,12/08 Section THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area "Castle Hayne" is hereby amended by removing the hereinafter described tract from the R-20 Residential District and placing it in the B-2 Highway Business Zoning District, said lands being described as follows: Tract 1: Beginning at a point at the intersection of the southern boundary of Bellwood Avenue, a public right-of-way, with the eastern boundary of Castle Hayne Road (N.C. Hwy. 117); said point being located South 18000'50" East, 133.34 feet from the intersection of the Northern boundary of Bellwood Avenue with the eastern boundary of Castle Hayne Road; and running thence with the Bellwood Avenue right-of-way, along a curve to the right, having a Radius of 707.67 feet and Length of 504.67 feet, a Chord of South 72047'20" East, 494.04 feet to a point in the boundary of Interstate Hwy. 140, a public right-of-way; thence with that right-of-way, North 87005'30" West, 225.89 feet to a point; thence South 37006'33" West, 45.99 feet to a point; thence North 89022'05" West, 243.27 feet to a point in the eastern boundary of Castle Hayne Road; thence with that right-of-way, North 08019'27" East, 170.51 feet to the point and place of beginning, containing 1.27 acres, more or less. Tract 2: Beginning at a point in the northern boundary of Bellwood Avenue, a public right-of-way; said point being located South 65036'24" East, 93.08 feet; thence North 89009'42" East, 104.57 feet; thence South 73038'01" East, 21.14 feet from its intersection with the eastern boundary of Castle Hayne Road (N.C. Hwy. 117), a public right-of-way; and running thence from the point of beginning, with the lands, now or formerly, of General Electric Company, recorded among the land records of the New Hanover County Registry in Deed Book 807, at Page 569, North 89028'27" East, 1012.83 feet to a point; thence North 89029'28" East, 2417.70 feet to a point; thence with the lands, now or formerly, of Crowatan Partners, L.L.C., recorded in Deed Book 4952, at Page 1564, South 00005'21" West, 1534.60 feet to a point; thence South 00031'02" West, 433.79' to a point in the boundary of Interstate Hwy. 140, a public right-of-way; thence with that right-of-way, North 62041'29" West, 382.25 feet to a point; thence North 62052'03" west, 298.22 feet to a point; thence along a curve to the left, having a Radius of 5856.30 feet and Length of 1099.56 feet, a Chord of North 69005'18" West, 1097.95 feet to a point; thence North 69025'19" West, 205.12 feet to a point; thence North 70016'17" West, 329.35 feet to a point; thence North 02042'28" West, 116.11 feet to a point in the boundary of Bellwood Avenue; thence with that right-of-way, North 83059'35" East, 176.55 feet to a point; thence North 03039'48" West, 68.90 feet to a point; thence South 88049'45" West, 224.94 feet to a point ; thence North 76044'51" West, 177.11 feet to a point; thence North 56039'33" West, 175.03 feet to a point; thence North 43049'04" West, 123.20 feet to a point; thence North 62051'04" West, 70.19 feet to a point; thence 1 North 42002'39" West, 290.54 feet to a point; thence North 44028'28" West, 83.22 feet to a point; thence North 44029'57" West, 118.58 feet to a point; thence along a curve to the left, having a Radius of 794.95 feet and Length of 316.00 feet, a Chord of North 60052'03" West, 313.92 feet to a point; thence North 73035'08" West, 118.16 feet to the point and place of beginning, containing 85.48 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 Area "Castle Hayne" on file in the office of the County Commissioners, so as to make it comply with this ordinance. 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 approximately 86 acres from R-20 Residential to B-2 Highway Business District is: A. Consistent with the purposes and intent of the Aquifer Resource Protection land classification and associated policies in the 2006 land use plan. B. Reasonable and in the public interest to allow a transition of land use from residneital to commercial in proximity to a major arterial intersection and an area slated for industrial expansion and future residential growth. Adopted the 5`h day of January, 2009. /vN ti - ti Ted Davis Jr., C& an o r Attest: HLISHEE~\~~ Sheila L. Schult, Cler to the Board 2 SUP Book I 'I Page I COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Child Daycare Facility up to 8 children in an R-15 Residential Zoning District S-585,12/08 The County Commissioners for New Hanover County having held a public hearing on January 5, 2009 to consider application number S-585 submitted by Cheryl Ruth Aquilar for a special use permit to locate a Child Daycare Facility in a R-15 Residential District at 305 Godfrey Court, 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 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 is located in a residential cul-de-sac and accesses River Road or Cathay Road via Lipscomb Rd, a residential local street. C. Level of Service on River Road is rated C/D in this vicinity, meaning the traffic flows relatively freely. 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 in-home daycare for 5 children. 3. It is the County Conunissioners' 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. A variance was issued by the Board of Adjustment on 10/28/08, relieving the off-street parking and circulation requirements of the ordinance for this location. The lot dimensions in this cul-de-sac lot will not accommodate the requirements. C. The play area is enclosed by a fence with a minimum height of four feet. D. The day care will be licensed by the State of North Carolina. E. In accordance with Section 72-20 no outside signs in excess of 2 sq. ft. shall be permitted. F. All other local, state and federal requirements must be met. 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. Child care facilities exist in other residential districts in New Hanover County. B. No evidence has been submitted that this project will decrease property values of residents who live nearby. Surrounding property is zoned R-15. 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. C. A petition from six neighboring property owners in support of the request was presented with the applicant materials. 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 any additional conditions hereinafter stated and all other state or federal requirements. 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. C. "After-school" students will be picked up at school primarily by the daycare provider. Ordered this 5"' day of January, 2009 O Z -,TV _ ~neu Ted Davis, Jr., C rman Attest: Sheila L. Schult, Clerk to the Boa d SUP Book IV Page V_ COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Singlewide Mobile Home in a RA Rural Agricultural Zoning District S-586, 1/09 The County Commissioners for New Hanover County having held a public hearing on January 5, 2009 to consider application number S-586 submitted by James Bordeaux for a special use permit to locate a singlewide mobile home in a RA Rural Agricultural Zoning District located at 3909 Lynn Avenue, Castle Hayne, 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 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. The subject property is on an existing tract with a double-wide to be replaced with this proposed single-wide home. B. An individual septic tank and well currently serve the site. Environmental Health Department must inspect the systems prior to building permit issuance. C. Access to the property is from Lynn Avenue, a local road that intersects with Castle Hayne Road, a major arterial with a Level of Service E. Average daily traffic decreased on Lynn Avenue between 2004 and 2005. D. Fire Service is available from the Castle Hayne VFD. E. The property is not located within a flood hazard area. 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 of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned RA- Rural Agricultural district. B. A Special Use Permit in the RA-Rural Agricultural Zoning District permits singlewide mobile homes. C. The property can accommodate the setback requirements for a Singlewide mobile home, and the site plan shows appropriate setbacks from all property lines. 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. The immediate vicinity is generally very low density residential uses and farm fields. B. There are other mobile homes on adjacent parcels. C. No substantive evidence was submitted that this project will decrease property values of residents or commercial uses nearbv. 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 purpose of the Conununity class is to provide for a village type of development to help meet housing, shopping, employment and public services needs within the more rural areas of the County. B. This property is located within the Commercial Corridor portion of the recently adopted Castle Hayne Neighborhood Plan. That plan envisions an eventual transition of this area to commercial mixed use. 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 BEGRANTED subject to the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance and all other federal, state or local laws for the proposed use, as well as any additional conditions hereinafter stated. 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. C. Other: (1) that after a twelve month period the permit may be terminated after ninety days notice and after review and recommendation by the Board of County Commissioners (2) the roof will be shingled (3) vinyl siding will be used (4) the mobile home will be a 2005 or newer model Ordered this 5th day of January, 2009 ..TV w~ /G 0 s ~3. ~y `r 0 Ted Davis, r., Chairman Attest: Sheila L. Schult, Clerk to the Board