2009-02-02 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: Sansberry Courtin 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 overthe 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 2nd day of February, 2009.
WITNESS my hand and official seal this the -aJ` day of
2~b 73kc%n , 2009.
i':~:
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Form SR-2
NTY ° n
Sheila L. Schult, Clerk to the Board
New Hanover County Board of Commissioners
Please Note: Forward directly to the District Engineer, Division of Highways.
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
\ 230 GOVERNMENT CENTER DRIVE, SUITE 1 75 - WILMINGTON, NC 28403
(910)7987149 (910)7987145 FAX www.rvH000V.GOt~
Ted Davis, Jr., Chairman -Jason R. Thompson, Vice-Chairman
Robert G. Greer, Commissioner - William A. Caster, Commissioner - Jonathan Barfield, Jr., Commissioner
Sheila L. Schult, Clerk to the Board
Exhibit
Book Page....:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AWARD OF EATON ELEMENTARY GENERATOR BID
WHEREAS, after due advertisement, bids were received and publicly opened by the Purchasing Agent at 2:00 p.m.,
Tuesday, January 13, 2009 in the New Hanover County Finance Office, Suite 165, Conference Room 502 located at 230
Government Center Drive, Wilmington NC, and the following bids were received for Eaton Elementary Stand-by
Generator, RFB # 09-0200; and
DPS Electrical Contractors, Inc. $120,759.35
North Brunswick Electrical Contractors, Inc. $121,710.00
A.B. Blake Electrical $122,900.00
Nationwide Electrical Services $159,900.00
WHEREAS, DPS Electrical Contractors, Inc. is the lowest responsible bidder, submitting a bid in the amount of One
Hundred Twenty Thousand Seven Hundred Fifty-Nine and 35/100 Dollars ($120,759.35); and
WHEREAS, staff has reviewed the bid and recommends that the bid and contract be awarded to DPS Electrical
Contractors, Inc.; and
WHEREAS, funds have been budgeted and are available for this expenditure in account number 11034150-800200.
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that RFB # 09-0200
for the purchase and installation of a stand-by generator at Eaton Elementary School and contract # 09-0200 is awarded
to DPS Electrical Contractors, Inc. in the amount of One Hundred Twenty Thousand Seven Hundred Fifty-Nine and
35/100 Dollars ($120,759.35); and that the County Manager is hereby authorized and directed to execute contract # 09-
0200, contract form to be approved by the County Attorney.
ADOPTED this the 2" d day of February, 2009.
NEW HANOVER COUNTY
GOB N t Y ~ ~0~~,
O 7 Ted Davis, Jr., Chain i
C •
A, TT ST: r
r n usa~ / Sheila L. Schult, Clerk to the Board
Exhibit
Book page .3 3.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
EXCHANGE OF SIX (6) HARLEY-DAVIDSON MOTORCYCLES
WHEREAS, the New Hanover County Sheriff's Department proposes to exchange six (6) 2007 Harley-
Davidson motorcycles with Vehicle Identification Numbers as detailed below; and
1 HD I FMM 1574678976
IHDIFMM1574676838
1 HD 1 FMM1274674433
IHDIFMM1374673534
1 HD 1 FMM 1774673973
1 HD 1 FMM 1274679440
WHEREAS; Carolina Coast Harley-Davidson will exchange with the County six (6) new 2009 Harley-
Davidson motorcycles for the County's six (6) existing 2007 Harley-Davidson motorcycles; and
WHEREAS, the only cost to the County will be an estimated five hundred dollars ($500) fee per
motorcycle for the transfer of equipment between the old and new motorcycles, which is included in the
Sheriffs budget; and
WHEREAS; budget amendments have been prepared to provide for the proper accounting of the
transaction, increasing revenues and expenses by eighty-seven thousand seven hundred fifty dollars
($87,750) respectively; and
WHEREAS; pursuant to General Statute 160A-271, the Board of County Commissioners is authorized to
approve this exchange.
NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that
the exchange of six (6) 2007 Harley-Davidson motorcycles for six (6) new 2009 Harley-Davidson
motorcycles including an estimated cost of five hundred dollars ($500) per motorcycle to transfer the
equipment as approved as well as the related budget amendments, and that the County staff is directed to
process any required documents to complete the transaction.
ADOTED this the 2°d day of February, 2009.
NE HA aE
R TY
Ted Davis, Jr., Ch ' an
A7 ~T:
Sheila L. Schult, Clerk to the Board
Exhibit
Book Page 34 .5b
AGENDA: February 2, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-132
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-132 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: Sheriff's Office/Uniform Patrol and Finance
Expenditure:
Decrease
Increase
Sheriff s Office/Uniform Patrol:
Capital Outlay Motor Vehicle
$14,570
Total
$149570
Revenue:
Decrease
Increase
Sheriff s Office/Uniform Patrol:
Sales of Fixed Assets
$14,570
Total
$14,570
Section 2: Explanation
To record the exchange of one (1) 2009 Harley Davidson motorcycle for one (1) existing 2007
Harley Davidson motorcycle.
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 09-132, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
Adopted, this At,r day of , 2009.
Ted Davis, Jr., Ch ' ma
AGENDA: February 2, 2009 E libit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS ~Oi( -3 Page 3.3c
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 2009-45
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 2009-45 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: Federal Forfeited Property
Department: Sheriffs Office/Uniform Patrol
Expenditure:
Decrease
Increase
Federal Forfeited Property:
-Capital Outlay - Motor Vehicle
$73,180
Total
$73,180
Revenue:
Decrease
Increase
Federal Forfeited Property:
Federal Forfeited Property
$73,180
Total
$73,1 0
Section 2: Explanation
To record the exchange of five (5) 2009 Harley Davidson motorcycles for five (5) 2007 Harley
Davidson motorcycles.
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 2009-45, amending the
annual budget ordinance for the fiscal year ending June 30, 2009, is adopted.
2009.
A, _~dopted, this day of Ted Davis, Jr., ChairinaA
AGENDA: February 2, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-128
EAU
Book _ 3 a Page ,,,_,;_Lo_
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-128 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: Property Management and Sheriff/Detention
Ex enditure:
Decrease
Increase
Property Management:
Salaries
$16,737
FICA
1,280
Retirement
818
Medical
3,240
LTD
45
Supplies
32,352
Sheriff/Detention:
Salaries
$16,737
FICA
1,2 0
Retirement
818
Medical
3,240
LTD
45
-Supplies
32,352
Total
$54,472
$54,472
Section 2: Explanation
To budget the transfer of a Custodial Crew Leader position from Property Management to
Sheriff/Detention. This position is responsible for the supervision of inmate workers in general
cleaning and floor care of a 24/7 Detention Facility. As it is critical for this position to have the
knowledge and skills in dealing with inmates, the supervision should be in Detention. The related
supplies expense is also being transferred for the remainder of the fiscal year.
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 09-128, amending the annual
t ordinance for the fiscal year ending June 30, 2009, is adopted.
lTY • N
} O pted, this ~,Cday of 2009.
ATTEST:
Shei a . Schult, Clerk to the Board
l~n
Ted Davis, Jr., Chai a
Exhibit
Book - 3A Page 34 b
AGENDA: February 2, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-130
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-130 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: Department of Social Services (DSS) / Energy Assistance
Expenditure:
Decrease
Increase
Energy Assistance:
Assistance Payments
$568,684
Total
$568,684
Revenue:
Decrease
Increase
DSS - Administration:
DSS Administrative 1571 -Federal Funds
$568,684
Total
$568,6 4
Section 2: Explanation
To budget additional Federal funding allocation received from Crisis Intervention Program (CIP) to fund
Assistance payments for the low income energy assistance 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 09-130, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
N-Ty . dopted, this aha day of e l~u n~ l 2009.
\OI A. -Il
O ~ 'y
'p
2
' Ted Davis, Jr., Chair
to
Exhibit
Book -3-A_ page
AGENDA: February 2, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-138
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-138 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: Non-Departmental
Ex enditure:
Decrease
Increase
Non-Departmental:
-Contingencies
$7,500
Chamber of Commerce
$7,500
Total
$7,500
$7,500
Section 2: Explanation
To transfer funds from Contingency for the County's participation in the 2009 Legislative
weekend to be held in New Hanover County. Prior to actions taken at this Board of County
Commissioners meeting, the Contingencies Fund balance is $262,225.
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 09-138, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
day _ f t , 2009.
Ted Davis, Jr., Chkr an
A .1...- -A 4L:.. I
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
r
HUMAN RELATIONS MONTH Exhibit
,F
PROCLAMATION k page
I.
~
WHEREAS, the New Hanover Human Relations Commission and the Friends of Human
r
Relations are sponsoring Human Relations Month; and
WHEREAS, the theme for Human Relations Month is, "DIVERSE
CULTURES ...ONE FAMILY"; and
f
WHEREAS, the Board of Commissioners encourages all citizens to respect and work to
establish equal rights for all persons regardless of race, color, age, religion, age, disability, or
familial status; and
WHEREAS, through practicing the principles of Human Relations Month on an
everyday basis, we help to preserve, protect, and perpetuate the rights of each person to freedom,
liberty, and justice.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that February 2009 be recognized as "HUMANRELATIONS MONTH" in New
Hanover County and that all citizens are called upon to sincerely join forces in creating and
practicing a mutual bond of fellowship with all citizens and resolve to accept a personal
challenge to improve the status of all people through assurance of the basic human rights of
justice, freedom, and dignity.
ADOPTED this the 2nd day of February, 2009.
NEW HANOVER COUNTY
Ted Davi , Jr., C irman
ATTEST:
t J
Sheila L. Schutt, Clerk to the Board
lim
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
MR. TOYS FOR TOTS Exhibit
,1 -
PROCLAMATION Book 3;Z page 3.
WHEREAS, John E. Dunn, III has been involved with the Marine Corps Reserve TOYS FOR TOTS r
program since 1988, the last 14 years as a leader of the program in the three-county area including New
Hanover, Brunswick and Pender counties: and
WHEREAS, in 2008, the TOYS FOR TOTS program in our area under John Dunn's leadership achieved
record results; and
WHEREAS, 96 dedicated volunteers were involved from among the following organizations
headquartered in Wilmington: Cape Fear Detachment 1070 Marine Corps League, U.S. Naval Reserves,
U.S. Army Reserves, and the Disabled American Veterans. Many other "friends and neighbors" in the
community also helped out, and
WHEREAS, John Dunn and his volunteers placed 150 toy collection boxes at 135 different locations in
the area; and
WHEREAS, twenty-four special event promotions were held in the area in support of the 2008 TOYS
FOR TOTS program. Included in this group were Captain Bill's Volleyball Tournament, Harley-
Davidson and Britt Motors annual bike rides, PPD mini-marathon, 25th annual Wrightsville Beach
Flotilla. skating spectacular at The Ice House, UNCW Women's Soccer and Basketball games, Christmas
parties with the Cub Scouts, County Bar Association, and NHRMC Cath Lab & Heart Center; and
WHEREAS, a record number of 15,910 toys, bikes and books were collected as well as a new high
reached in local contributions by area businesses and citizens; and
WHEREAS, more than 5,100 of our most vulnerable boys and girls were provided a reason to smile and
have hope for the New Year.
NOW THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners
that John E. Dann, III be recognized as "Mr. Toys for Tots" in New Hanover County. The Board hereby
congratulates and honors John Dunn for his outstanding leadership of the 2008 TOYS FOR TOTS
program and the record results achieved which brightened the holiday season for thousands of deserving
children.
ADOPTED this the 2`6 day of February, 2009.
NEW HANOVER COUNTY
Ted Davis, Jr., Ch' 'rman
ATTEST:
Sheila L. Schult, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
HEALTHY HEART MONTH PROCLAMATION Exhibit
B 0 0 k Page
WHEREAS, the month of February is recognized as National Heart Disease Awareness
Month throughout the United States of America; and
WHEREAS, diseases of the heart and vascular system are determined to be the number
one killer of women in the United States; and
WHEREAS, individuals and families of limited income in New Hanover County
continue to need opportunities which enable them to improve their lives and living
conditions, thus enabling them to live in dignity and make preventive healthcare a high
priority in their lives; and
WHEREAS, New Hanover County Community Action strongly promotes efforts to
bring higher education, health care providers and social service agencies in this county
together to achieve the goal of saving lives of women of limited means, through its
"From Our Hearts to Yours" community education effort.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that February 2009 be recognized as "Healthy Heart Month" in New
Hanover County in recognition of the hard work and diligence of the organizations, staff
and volunteers who strive to save lives of low-income women from the devastation of
heart attacks and strokes and to encourage others to join the fight against cardiovascular
disease in our community.
ADOPTED this the 2nd day of February, 2009.
C~
NEW HANOVER COUNTY
Ted Davis, Jr., Ch ' an
)ATK 0 ~ - _ S
Sheila L. Schult, Clerk to the Boa d
L1J
di
C-
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION OF INTENT TO PARTICIPATE
IN THE NEIGHBORHOOD STABILIZATION PROGRAM
NEW HANOVER COUNTY, NORTH CAROLINA Exhibit
Book, 3 2 Page
WHEREAS, the County of New Hanover intends to partner with the City of Wilmington
to apply for a Neighborhood Stabilization Program grant; and
WHEREAS, the Department of Housing and Urban Development has made available
Community Development Block Grant Program funds for the Neighborhood Stabilization
Program; and
WHEREAS, the Neighborhood Stabilization Program will provide emergency assistance
to state and local governments to acquire and redevelop foreclosed properties that have
the potential of becoming abandoned and blighted within communities, and
WHEREAS, the City of Wilmington is submitting an application to implement a
Neighborhood Stabilization Program that will be targeted in areas throughout the City
and County for funding through this program on behalf of the City and County; and
WHEREAS, if the grant is awarded, the County may participate with a Memorandum of
Understanding outlining the services to be performed on behalf of property owners in the
unincorporated County.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners, through a Memorandum of Understanding with the City of Wilmington,
will participate in the Neighborhood Stabilization Program.
ADOPTED this the 2°d day of February, 2009.
NEW HANOVER COUNTY
~~ll
Ted Davis, Jr., Cha • an
ATTEST:
Sheila L. Schult, Clerk to the Board
Y h~
M"~
1' t NEW HANOVER COUNTY BOARD OF COMMISSIONERS
/ti
1 r 230 GOVERNMENT CENTER DRIVE, SUITE 1 75 - WILMINGTON, NC 28403
s (910) 798-7149 • (910) 798-7145FAX -www.NHCGov.COha
Ted Davis, Jr., Chairman - Jason R. Thompson, Vice-Chairman
Robert G. Greer, Commissioner- William A. Caster, Commissioner-Jonathan Bafi+eld, Jr., Commissioner
/ Sheila L. Schult, Clerk to the Board
Exhibit a
Book 3 ? Page 3_J...
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION SUPPORTING THE SUBMITTAL OF A SAFE ROUTES TO
SCHOOL GRANT APPLICATION FOR OGDEN ELEMENTARY SCHOOL
WHEREAS, the New Hanover County Board of Commissioners is committed to the promotion of safe
and convenient pedestrian and bicycling facilities for both transportation and recreation: and
WHEREAS, the New Hanover County Board of Commissioners is committed to alleviating traffic
congestion and ensuring a clean and healthy environment; and
WHEREAS, in order to provide safe routes for our children to get to school, New Hanover County is
committed to:
Bicycle paths, sidewalks and trails: Paved and unpaved routes where people of all ages can walk
or bicycle comfortably and safely.
Good roads: Streets that can be shared by pedestrians, bikes and cars safely and conveniently.
Safety conscious pedestrians and bicyclists: Educated and experienced walkers and riders of all
ages, who share roads, sidewalks and trails safely and confidently, obeying all traffic regulations.
Safety conscious motorists: Drivers who are alert to pedestrians and bicyclists and share the road
with them.
Well-planned neighborhoods: Neighborhoods that are conveniently linked to promote pedestrian
and bicycle travel and that utilize traffic regulations and other controls that calm traffic in
residential areas, school zones and other areas frequented by children on foot and on bicycles.
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners
does hereby authorize the submittal of a Safe Routes to School grant application for Ogden Elementary
School.
BE IT FURTHER RESOLVED, that the New Hanover County Board of Commissioners authorizes
staff to administer this grant if received and to maintain facilities to the degree allowed by statute.
ADOPTED this the 2nd day of February, 2009.
NEW HANOVER COUNTY
Ted Davis, Jr., Chair,
A-TT ST.
Sheila L. Schult. Clerk to the Board
COUNTY OF NEW HANOVER SUP Book I\/ Page
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
To Locate a High Density 218 unit Residential Development in a R-15 Zoning District Located off
S. College Road and Still Meadow Drive
S-587,1/09
The County Commissioners for New Hanover County having held a public hearing on February 2, 2009
to consider application number S-587 submitted by South College Associates for a special use permit to
locate a High Density residential development of 74 single family lots and 144 unit multi-family
development in an R-15 Residential District located on tax parcels #R07100-003-015-001 and R07100-
003-017-000 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
Section 71-1 and Section 69.4 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 located within the Myrtle Grove Fire District.
B. Public water and sewer are needed to serve the site. The Cape Fear Public Utility Authority states
that sewer capacity is not available until upgrades are made to the pump station serving this area.
Anticipated completion is 2012. It is possible that limited interim capacity could be available in
2010.
C. None of the subject property is located in a 100-year floodplain, and no other conservation
resources are present.
D. Traffic level of service on S. College Road is F, meaning traffic counts exceed the capacity of the
roadway and LOS E on Carolina Beach Rd.
E. A traffic impact Analysis has been prepared and the required improvements for traffic control
have been outlined in a letter from the MPO dated November 18, 2008.
F. Additional peak hour traffic generation of this proposal is 135 trips in the A.M. peak and 179
trips in the P.M. peak hour. Intersection Level of Service (LOS) at the primary intersections with
arterial roadways indicates a worsening north and southbound at P.M. peak hour from C and B,
respectively, to F and C, respectively at US 421 and Shade Tree Lane. The intersection at US 132
and Still Meadow Drive is a right-in, right-out situation which is anticipated to worsen from LOS
B to C in the A.M. peak hour and from D to E in the P.M. peak hour.
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 site is located in an R-15 Residential Zoning District. High density development (up to 10.2
units per net acre) may be allowed by Special Use Permit under certain conditions in an R-15
Residential District.
B. Access to the site is available from multiple connection points. Primary access will be off S.
College Road via Still Meadow Drive, which must be improved to a public collector road in order
to meet the high density requirements of the ordinance. Additional access is planned through
Page 1 of 3
Henderson Park Subdivision via Cloverland Way, Trumpet Vine Way and Goodwood Way.
Another major access point is off Carolina Beach Road via Shade Tree Lane to Gate Post Lane,
extended.
C. The New Hanover County Comprehensive Plan classifies the area as Urban.
D. The proposal indicates 74 single family lots on 25.26 acres and 144 multi-family apartments on
9.99 acres.
E. Off-street parking of 293 spaces proposed for the apartments exceeds the requirements of the
ordinance.
F. Storm water detention ponds have been planned for the site and must be permitted in accordance
with the standards of the county ordinance.
G. Total impervious surface is proposed at 38.6% in the multi-family portion. The single family
portion complies with a proposed 34.3%. The ordinance allows up to 40% of the gross site.
H. Total open space and improved recreation areas meet the minimum 35% in R-15 requirement of
the ordinance.
1. Improved recreational space meets the minimum 15% requirement of the ordinance.
J. No buffers have been proposed adjacent to the existing residential properties because the Johnson
Farms development is a high density project.
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 presented at the time of this writing that the proposed use will injure the
value of adjoining or abutting property values.
B. Several apartment or condominium complexes are located within a mile of this site, including,
Tesla Park, The Gardens, Saylors Watch, Myrtle Grove Village, Still Meadow, Willoughby Park,
Magnolia Trace, Winding Branches, and others.
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.
hi support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The 2006 Joint Land Use Plan encourages higher density development to be located in urban
areas where public services are already in place. Services are not currently available for this site
but are anticipated within the near future.
B. Surrounding land uses include multi-family and single-family development.
C. This project is within the annexation study area for the City of Wilmington. City staff was
contacted to ask for comments, but no substantive comments were offered for consideration.
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 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.
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.
Page 2 of 3
C. 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.
D. Other:
1. All other applicable federal, state and local laws.
2. Parking areas in the multi-family portion shall be constructed of pervious paving materials
according to Low Impact Development standards.
3. Technical Review Committee continents as follows are incorporated:
i. No gates or obstructions will be allowed within the project.A fire hydrant plan
acceptable to County Fire Services will be required prior Final Plat approval.
ii. The collector road known as Still Meadow Drive leading from South College
Road to the project will be designed, platted, and recorded as a dedicated public
right-of-way.
iii. TIA requirements embraced by NCDOT and the WMPO for off-site road
improvements on South College Road will be required through an approved
NCDOT Driveway Permit.
iv. Once the Special Use Permit is approved, the TRC will want to review the
project again.
V. Low Impact Development (LID) techniques are recommended for the project.
vi. According to the Cape Fear Public Utility Authority, sewer capacity will not be
available until the Spring, 2010.
vii. The parking lot areas will need to be named (unduplicated) for addressing
purposes.
viii. Gate Post Lane will need to be properly aligned per NCDOT comments
Ordered this 2°d day of February, 2009.
Ted Davis, Jr., Ch an
Attest:
Shelia L. Schult, Clerk to the Board
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