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2016-09-06 RM ExhibitsExhibit /— Book Page NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSTITUTION WEEK 2016 PROCLAMATION WHEREAS, September 17, 2016 marks the two hundred twenty -ninth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; and WHEREAS, in honor of the National Society Daughters of American Revolution, Wilmington Ladies Tea Walk Chapter. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 17 through 23, 2016 be recognized as "Constitution Week" in New Hanover County and asks that citizens reaffirm the ideals the Framers of the Constitution had in 1787. ADOPTED this the 24th day of August, 2016. NEW HANOVER COUNTY ATTEST: /, um.4� Teresa P. Elmore, Clerk to the Board Exhibit V1 1�.� Book nl Page / NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION NAMING OF COUNTY FACILITIES WHEREAS, New Hanover County is expected to relocate its Myrtle Grove Library Branch in FY 17 -18 to its new location at 3802 S. College Road; and WHEREAS, with the relocation of the Myrtle Grove Library Branch, the replacement branch will be in the Pine Valley area; and WHEREAS, the Carolina Courtyard at the Main Library Branch has undergone a complete redesign and repurposing with the construction phase expected to be completed in October 2016; and WHEREAS, the Carolina Courtyard has been redesigned and repurposed so that it will serve as an extension of the library, provide outdoor space for programming, and serve as a pocket park; and WHEREAS, with the relocation of the Myrtle Grove Library Branch, the need has arisen to name the new library branch so that it identifies its location; and WHEREAS, with the redesign and repurposing of the Carolina Courtyard, the need has arisen to rename the courtyard so that it better clarifies its purpose. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that the following names will be the official names for their respective facilities: "New Hanover County Public Library Pine Valley Branch" ADOPTED this the 6`" day of September, 2016. "New Hanover County Public Library Story Park" NEW HANOVER COUNTY V�. MI. / ��r , -4r- i i� Beth Dawson, ATTEST: 4Tera P. Elmore, Clerk to the Board Exhibit L Book Page �3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION SOLE SOURCE AWARD EXCEPTION TO COMPETITIVE BIDDING REQUIREMENTS WHEREAS, New Hanover County is upgrading its existing 14- channel Motorola 800 MHz Astro 25 public safety radio system that was purchased in 2005 which includes approximately 7,500 individual public safety and public service radios; and WHEREAS, this upgrade will refresh the operating system software and a number of the infrastructure hardware components to Motorola's latest version; and WHEREAS, a number of the current system components have reached or exceeded manufacturer's end of life for parts and /or service and must be replaced; and WHEREAS, by nature of the complex proprietary hardware and software components as well as the overall system design, it is recommended that Motorola and Motorola Service Partners, who are trained on Motorola systems perform expansion and maintenance services on the system; and WHEREAS, General Statutes 143- 129(e)(6) provides that purchases of apparatus, supplies, materials or equipment are exempt from bidding when: A. performance or price competition for a product is not available B. a needed product is available from only one source of supply C. standardization or compatibility is the overriding consideration; and WHEREAS, compatibility with the County's current Motorola Astro 25 public safety radio system is the overriding factor being considered as justification to award this purchase to Motorola, Inc., who has submitted a quote of $1,727,023 for this project; and WHEREAS, this exception to the bidding requirements referred to as "Sole Source" must be approved by the Board prior to purchase. NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners of New Hanover County approves the Sole Source award of contract for the upgrade of the Motorola 800 MHz Astro 25 Public Safety Radio System to Motorola, Inc., in the amount of $1,727,023 in accordance with the sole source provisions outlined in GS 143- 129(e)(6). ADOPTED this the 61 day of September, 2016. NEW HANOVER COUNTY ,q PAP �� �/ Me _��L ATTEST: TereN P. Elmore, Clerk to the Board Exhibit J 4 Book Page NEW HANOVER COUNTY BOARD OF COMMISSIONERS MASON INLET PROJECT RESOLUTION WHEREAS, the New Hanover County Board of Commissioners desires to support the Mason Inlet Relocation Project (MIRP) through a coordinated effort with the Mason Inlet Preservation Group's (MIPG) implementation of the project's Mason Creek/Atlantic Intracoastal Waterway (AIWW) Crossing 2016/2017 maintenance dredging event. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that: 1) The Board requests the State of North Carolina (NC) to provide financial assistance to the Mason Inlet Preservation Group through New Hanover County's coordination of the Mason Creek/AIWW maintenance dredging project providing 66.67 % or $860,000 of the project's estimated engineering and construction costs; 2) NHC in coordination with MIPG assumes full obligation for payment of the balance of project costs; 3) NHC in coordination with MIPG holds all necessary NC and federal permits; 4) NHC in coordination with MIPG has complied with all applicable laws governing the award of contracts and the expenditure of public funds by local governments; 5) NHC in coordination with MIPG has obtained suitable dredge material disposal areas as needed and all other easements or rights -of -way that may be necessary for the construction and operation of the project without cost or obligation to NC; 6) NHC in coordination with MIPG has assured that the Mason Creek/AIWW crossing is open for use by the public on an equal basis with no restrictions; and 7) NHC in coordination with MIPG will hold NC harmless from any damages that may result from the construction, operation and maintenance of the project. ADOPTED this the 6`h day of September, 2016. NEW HANOVER COUNTY e awson, Chairman ATTEST: `n �����e2 -1 J ) fk,4_0�� Teresa P. Elmore, Clerk to the Board ExhibitV L Book ✓\ Page NEW HANOVER COUNTY BOARD OF COMMISSIONERS EXCEPTION TO COMPETITIVE BIDDING REQUIREMENTS RESOLUTION WHEREAS, to purchase a needed product which is available from only one source of supply for use with the current Posi -shell equipment that is currently owned by the County, Environmental Management is requesting approval to purchase Posi -Shell patented materials and supplies from LSC Environmental as a sole source vendor; and WHEREAS, General Statutes 143- 129(e)(6) provides that purchases of apparatus, supplies, materials or equipment are exempt from bidding when: A. performance or price competition for a product is not available; B. a needed product is available from only one source of supply; C. standardization or compatibility is the overriding consideration; and WHEREAS, this exception to the bidding requirements referred to as "Sole Source" must be approved by the Board prior to purchase. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners approves the purchase of Posi -Shell materials and supplies from LSC Environmental as sole source vendor for as long as the Posi -Shell equipment is used at the New Hanover County Landfill or until other satisfactory unpatented products become available, in accordance with the sole source provisions outlined in GS 143- 129(e)(6). ADOPTED this the 6th day of September, 2016. NEW HANOVER COUNTY �f Beth Dawson, Chairman ATTEST: Tere a P. Elmore, Clerk to the Board Exhibit L Book Page New Hanover County Fire District Monthly Collection Report for June 2016 Current Year 2015 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 6,788,748.12 $ (79,412.91) $ (6,749.22) $ 713,081.47 $ (10,871.04) $ 131.65 $ 677,383.70 $ $ $ 8,179,213.29 (90,283.95) (6,617.57) Total Taxes Charged Collections to Date Write -off $ $ $ 6,702,585.99 6,663,452.52 (23.49) $ $ $ 702,342.08 665,622.36 (87.04) $ $ 677,383.70 677,383.70 $ $ $ 8,082,311.77 8,006,458.58 (110.53) Outstanding Balance $ 39,109.98 $ 36,632.68 $ - $ 75,742.66 Collection Percentage - 99.42 153.92 94.78 $ 100.00 $ 99.06 YTD Interest Collected $ 10,521.89 $ 495.35 $ 5,098.52 $ 16,115.76 $ 3,567.85 $ 43,291.28 Write -off $ (239.52) $ (3,673.88) Total 2015 Collections YTD 8,022,574.34 Prior Years 2005 -2014 Real Estate Personal Property Motor Vehicles Combined Scroll $ 98,480.92 $ 156,407.19 $ 59,228.00 $ 314,116.11 Abatements $ (26,059.53) $ (6,466.38) $ (74.53) $ (32,600.44) Adjustments $ 138.52 $ 15.40 $ - $ 153.92 Total Levy $ 72,559.91 $ 149,956.21 $ 59,153.47 $ 281,669.59 Collections to Date $ 31,042.05 $ 8,681.38 $ 3,567.85 $ 43,291.28 Write -off $ (239.52) $ (3,673.88) $ (5,068.39) $ (8,981.79) Outstanding Balance $ 41,278.34 $ 137,600.95 $ 50,517.23 $ 229,396.52 YTD Interest Collected $ 6,984.55 $ 1,692.72 $ 1,424.88 $ 10,102.15 Total Prior Year Collections YTD 53,393.43 Grand "Total'41IC611ectionsYTD NEW HANOVER COUNTY CI, irman e to the Board (o 169 Date Exhibit V/ //�� Book � Page - New Hanover County Monthly Collection Report for June 2016 Current Year 2015 Scroll /Billed Abatements Adjustments Real Estate Personal Property Motor Vehicles Combined $ 149,743,468.09 $ (934,626.51) $ 6,785.76 $ 13,764,168.84 $ (230,927.71) $ 2,939.41 $ 11,227,979.34 $ $ $ $ $ 174,735,616.27 (1,165,554.22) 9,725.17 Total Taxes Charged Collections to Date Write -off $ $ $ 148,815,627.34 148,029,777.89 (265.33) $ $ $ 13,536,180.54 12,673,017.89 (1,167.57) $ $ $ 11,227,979.34 11,227,758.24 - $ $ $ 173,579,787.22 171,930,554.02 (1,432.90) Outstanding Balance $ 785,584.12 $ 861,995.08 $ 221.10 $ 1,647,800.30 Collection Percentage - 99.47 19,808.49 93.63 $ 100.00 $ 99.05 YTD Interest Collected $ 239,386.92 $ 12,142.35 $ 84,116.72 $ 335,645.99 $ 63,293.13 $ 960,080.81 Write -off $ (6,143.71) $ (103,704.45) Total 2015 Collections YTD 172,266,200.01 Prior Years 2005 -2014 Real Estate Personal Property Motor Vehicles Combined Scroll $ 1,826,059.15 $ 3,125,045.79 $ 1,249,783.82 $ 6,200,888.76 Abatements $ (259,424.79) $ (207,025.08) $ (1,190.15) $ (467,640.02) Adjustments $ 20,023.16 $ (214.67) $ - $ 19,808.49 Total Levy $ 1,586,657.52 $ 2,917,806.04 $ 1,248,593.67 $ 5,753,057.23 Collections to Date $ 756,914.04 $ 139,873.64 $ 63,293.13 $ 960,080.81 Write -off $ (6,143.71) $ (103,704.45) $ (150,083.83) $ (259,931.99) Outstanding Balance $ 823,599.77 $ 2,674,227.95 $ 1,035,216.71 $ 4,533,044.43 YTD Interest Collected 1 $ 121,718.00 $ 27,261.06 $ 29,486.78 $ 178,465.84 Total Prior Year Collections YTD $ 1,138,546.65 Grand "TotahAll'Collections "YTD s _..$;173,404;746.66_ NEW HANOVER COUNTY Ch ' an Clerk to the Board 9'�(o•I� Date Exhibit 1 Book "' Page • NEW HANOVER COUNTY BOARD OF COMMISSIONERS CONSTITUTION WEEK 2016 PROCLAMATION WHEREAS, September 17, 2016 marks the two hundred twenty -ninth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week; and WHEREAS, in honor of the National Society Daughters of the American Revolution, Stamp Defiance Chapter. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 17 through 23, 2016 be recognized as "Constitution Week" in New Hanover County and asks that citizens reaffirm the ideals the Framers of the Constitution had in 1787. ADOPTED this the 6`h day of September, 2016. NEW HANOVER COUNTY b� ATTEST: Teresa P. Elmore, Clerk to the Board Exhibit Book Page ��• NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHQR DAY PROCLAMATION WHEREAS, WHQR Public Radio began broadcasting in Wilmington, North Carolina in 1984; and WHEREAS, WHQR serves the community and exceeds radio standards while providing listeners with cultured programming; and WHEREAS, WHQR keeps local citizens informed about their community through in -depth coverage of events and issues; and WHEREAS, the members of WHQR are devoted to community relations and outreach efforts by volunteering for non - profit and local business projects; and WHEREAS, WHQR provides Emergency Broadcasting during natural disasters throughout southeastern North Carolina and northeastern South Carolina; and WHEREAS, WHQR is inclusive to an audience of different ages, ethnicities, and socioeconomic status and is an asset to the citizens of New Hanover County. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that September 13, 2016 be recognized as "WHQR Day" in New Hanover County. ADOPTED this the 6`h day of September, 2016. NEW HANOVER COUNTY Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board Exhibit g Book Page / 7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 2016 LITERACY AWARENESS MONTH AND INTERNATIONAL LITERACY DAY PROCLAMATION WHEREAS, Cape Fear Literacy Council, in conjunction with ProLiteracy, UNESCO (United Nations Educational, Scientific, and Cultural Organization), and thousands of community -based literacy organizations, is celebrating September as "Literacy Awareness Month" and September 8" as "International Literacy Day "; and WHEREAS, since 1985, Cape Fear Literacy Council has provided tutoring and classes in reading, writing, spelling, math and English communication to thousands of New Hanover County adults; and WHEREAS, the National Adult Literacy Survey indicates that over 61,000 adults in New Hanover County are at low levels of literacy and may struggle to use printed and written information to function in society, achieve their goals, and develop their potential; and WHEREAS, these adults may have difficulty securing jobs and a livable wage for themselves and their families, may not have access to adequate health care because they lack the necessary reading and life skills, may struggle to be effectively involved in their children's education and may have difficulty becoming fully engaged in their communities; and WHEREAS, the best indicator of a child's success in school is whether his/her mother reads, children whose parents have higher literacy skills do better in school, and the future of our community depends on the literacy levels of our adults and children; and WHEREAS, Cape Fear Literacy Council provides a variety of complementary learning opportunities for both acquiring and improving skills and meeting short-term and long -term individualized goals: self -paced computer learning, study skills and writing classes, GED preparation, citizenship preparation, out- of -the- classroom community -based learning, and special topic classes as indicated by students' needs; and WHEREAS, Cape Fear Literacy Council helps over 500 adult learners each year improve their job potential and performance, their community involvement, their families' quality of life, and their own ability to reach their goals and potential. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover Board of Commissioners that September 2016 be recognized as "Literacy Awareness Month" and September 8, 2016 be recognized as "International Literacy Day" in New Hanover County; and BE IT FURTHER PROCLAIMED that the members of the Board of Commissioners pledge themselves and challenge their fellow citizens to work to eliminate illiteracy in New Hanover County. ADOPTED this the 6' day of September, 2016. NEW HANOVER COUNTY Beth Dawson, Chairman ATTEST: Teresa P. Elmore, Clerk to the Board WTV- �f III BLISHED 0 Exhibit Book /'% Page �' e NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 WILMINGTON, NC 28403 (91 O) 798-7149 (91 O) 79 8-7145 FAX WWW.NHCGOV.COM Notice of Order of Adoption Schedules, Standards, and Rules for 2017 Reappraisal Beth Dawson Chairman Jonathan Barfield, Jr. Vice - Chairman Woody White Commissioner Skip Watkins Commissioner Rob Zapple Commissioner The New Hanover County Board of Commissioners, in accordance with North Carolina General Statute 105- 317(c), does hereby give notice that the schedules, standards, and rules to be used in the 2017 reappraisal of real property in New Hanover County was adopted on September 6, 2016 and are open to examination in the County Tax Assessor's Office, 230 Government Center Drive, Suite 190, Wilmington, NC, and the Clerk to the Board of County Commissioners Office, 230 Government Center Drive, Suite 175, Wilmington, NC. Any property owner who asserts that the schedules, standards, and rules are invalid may except to the order and appeal there from to the Property Tax Commission by October 11, 2016. Adopted this 6`h day of September, 2016. NEW HANOVER COUNTY T esa Elmore, Clerk to the Board ExhibitJ, Book Page 16 • i AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED October 6, 1969 respectively and subsequently amended CASE: A-424, 7/16 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 and underlined shall be added to the Zoning Ordinance. Deletions are red and have strikes through them: Section 50: Establishment of Use District; Table of Permitted Uses A -424, 7/16 Order Page 1 R O F R R R R R B B I I& A A S R M Permitted Uses PD 20S 20 15 10 7 1 2 1 2 1 R I C A U High Density Development (3/22/82) Permitted only within Afee P S S S S Employment Center, Urban Mixed Use, or Community Mixed Use Place Types (2/16/87, 10/11/95) Mobile Home Park (Density shall not exceed 2.5 Units beyond I Irha Employment Center, P S S S S Urban Mixed Use, or Community Mixed Use Place Types) (2/16/87, 10/11/95) A -424, 7/16 Order Page 1 Section 51.1: Regulations Applicable to the Following Residential Districts 51.1 -2: Performance Residential: In addition to the density limit established in the applicable zone, all Performance Residential Development shall comply with the following regulations: (11) In calculating the density for a proposed development, the following areas shall first be subtracted from the gross area of land to be committed to development. In lieu of subtracting Dorovan, Johnston, and Pamlico soils, the developer may choose to preserve 100% of such areas as conservation space. Such designation shall follow the requirements of Section 55.1 -4(4) Methods of Conservation Space Preservation with all improvements limited to Section 55.1 -4(3) Improvements. (A) all natural lakes, ponds, rivers, or marshes; and, (B) all areas of Class IV soils as defined in A Classification of Soils in New Hanover County for Septic Tank Suitability. All calculations shall be rounded to the nearest whole unit. (1/4/84)(9/6/94) Residential units shall not be clustered at a density greater than 2.5 units per net tract acre in areas classified Rural Residential place type, Conservation place type, AE or VE special flood hazard areas, or CAMA Estuarine Areas of Environmental Concern, GeRseWatien, except under the following circumstances. If a development encompasses Rural Residential place type, Conservation place type, AE or VE special flood hazard areas, or CAMA Estuarine Areas of Environmental Concern, , then density may exceed 2.5 units per acre in the areas of the site outside of the AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern, , provided the number of units in the AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern is reduced by an equal amount. At no time shall any portion of the project designated as AE or VE special flood hazard areas, CAMA Estuarine Areas of Environmental Concern, Rural Residential place type, or Conservation place type exceed the 2.5 units /acre limitation, nor shall the overall density of the project exceed the limits specified in the respective residential zoning districts. - (2/16/87)(10/99) Section 51.8: R -7 Medium Density Development Purpose: The purpose of this section is to encourage medium density development in General Residential. Communitv Mixed Use. and Emplovment Center place types Urban -;;Ad- TraAsitieA areas where adequate services are available. The district will allow greater variety of housing types provided that environmental impacts are minimized and adequate open space is provided. Section 52.2: B -2 Highway Business District 52.2 -4: Dimensional Requirements: (4) Maximum Building Height - 40 feet; except that buildings located within the Employment Center. Communitv Mixed Use. Urban Mixed Use, or Commerce Zone place tvves and fronting along a collector, Minor Arterial or Principal Arterial as indicated on the County's Thoroughfare Classification Plan, may exceed 40 feet provided their FAR does not exceed 1.0 (2/7/83) (10/5/95) A -424, 7/16 Order Page 2 Section 53.2: 1 -1 Light Industrial (4) Maximum Building Height - Forty (40) feet except for buildings located within the Employment Center or Commerce Zone place types and fronting along a Collector, Minor Arterial, or Principal Arterial as indicated on the Wilmington Metropolitan Planning Organization's most current Roadway Functional Classification Map, may exceed forty (40) feet provided their FAR does not exceed 1.0. (2/7/83) Section 54: Mixed Use Districts 54.1: Exceptional Design Zoning District (EDZD) 54.1 -2: Applicability — Areas classified as Rural Residential place type, Conservation place type, AE or VE special flood hazard areas, or CAMA Estuarine Areas of Environmental Concern en the GUFFeRt CA A4 A land Glassifie-atien Map are not eligible for residential density greater than 2.5 units per acre, and such acreage, with the exception of area within the Rural Residential place type, 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. 54.2 Planned Development (PD) District 54.2 -2: District Regulations: (2) Maximum Building Height - The maximum building height for residential, commercial, and office and institutional structures shall be forty (40) feet; except that the maximum height for buildings located within the Urban Mixed Use, Community Mixed Use, or Employment Center place types uFban 9F tFaRsitien aFea as indicated on the County's Land Classification Map and fronting along a collector, minor arterial or principal arterial as indicated on the Wilmington Urban Area MPO functional classification map shall be eighty (80) feet. (10/5/95) (8/1/11) (6) Maximum Density: (1/2/90) (A) Allowable density shall be determined by the Site Capacity Standards for High Density Development as authorized in Section 72 -43 of this Ordinance, except that land intended for commercial, office and institutional, and industrial uses shall also be subtracted from the gross site area. The residential density factor of the PD district shall be 4.25 dwelling units per acre if the PD shall be located within the Urban Mixed Use, Community Mixed Use, General Residential, or Employment Center place types The sidential density far#Ar .,f the Dll dirt4et shall he 7 C dwelling units ., r hake re +e ar-rp Of the PI) shall (10/5/95) (B) Residential units shall not be allowed at a density greater than 2.5 units per acre in the AE and VE special flood hazard areas and CAMA Estuarine Areas of Environmental Concern. areas classified Rural, GensefvatieR,er ReseWee Pretectien in the Wilmington New HaRt..,er I -...d 1 Ire Plan I., - .,here !`e..re 9a fiA-., r, the., density density m ed 2.5 units p .. On the Rese„re juGed by an equal amount. (2/16�87) (C) If the PD District shall be located within the Employment Center, Urban Mixed Use, or Community Mixed Use place types 161rhhaR eir Transition AFea, the residential density factor of the PD District may be increased by using the A -424, 7/16 Order Page 3 following "Density Bonus Chart". An increase in density from 4.25 to 10.2 dwelling units per acre requires a total score of 75 points or more. An increase in density from 10.2 to 17 units per acre requires a total score of 165 points or more. (2/16/87)(10/5/95)(8 /1/11) (7) The following minimum improvements and public services shall be provided in accordance with all standards set by the County or appropriate local or State agency: (0) Recognizing the County's need for adequate housing for the elderly population as stated in the Comprehensive Land Use Plan , the following district regulations shall apply in instances where at least twenty -five percent (25%) of the PD district number of units are included in a Continuing Care Retirement Facility as described and regulated under NCGS 58 Article 64: a. The maximum height for a continuing care retirement facility building shall be up to 55 feet. b. The thoroughfare requirements in Section 54.2 -2(7) (N) and Section 61.3 may be satisfied if a traffic study supports a finding by the Board of County Commissioners that the roadway providing access for the proposed PD development to and from an existing major or minor arterial will operate at an acceptable level of service (LOS), and will not cause the LOS to drop below Level C. (1/07/08) at build -out. 8/1/11) Section 54.3: RFMU Riverfront Mixed Use District Section 54.3 -1: Purpose - The Cape Fear River is one of the region's most valuable natural resources and is the focal point of activity in downtown Wilmington. The Riverfront Mixed Use District is established to support seven main objectives: to enhance and preserve environmentally sensitive areas along the river; to protect public access to the river through the creation of quality public spaces, to preserve cultural and natural resources, to effect quality design and a variety of built forms that result in a pedestrian scale as well as a compelling skyline; to promote and enhance transit options, particularly pedestrian and water - oriented transportation options; to provide an opportunity for intensive development consistent with the urban form; and to encourage a mix of uses that foster a sense of community and create a destination for residents and visitors alike. The RFMU is an elective district available only to parcels of land fronting the Cape Fear and Northeast Cape Fear Rivers east of Hwy. 421, between the Holmes Bridge and the Memorial Bridge in Unincorporated New Hanover County. A height restriction overlay for the area directly across from the Wilmington Historic District is subject to additional restrictions on building height. In the event of conflict between regulations for riverfront mixed use developments and those in other sections of the Zoning Ordinance, the Riverfront Mixed Use regulations shall supersede unless specifically stated otherwise. aF subject to the moon i and GI-.ssifir-atieR ulations Section 72 -43: High Density Development Purpose: The purpose of this section is to encourage high density development in Employment Center, Urban Mixed Use, or Community Mixed Use place types where adequate services are available, provided that environmental impacts are minimized and adequate open space is provided. (10/5/95) A -424, 7/16 Order Page 4 All High Density Developments shall comply with the following requirements: (D) Determination of site capacity 1. The maximum number of dwelling units that may be built may be determined by multiplying the BASE SITE AREA by the appropriate density factor from the table below. (1/2/90) (10/5/95) DISTRICT DENSITY FACTOR R -10 17 units /acre R -15 10.2 units /acre R -20 4.25 units /acre 0&1 10.2 units /acre PD (inside Employment Center /Urban Mixed Use /Community Mixed Use /General Residential Place Types ) 4.25 units /acre PD (eutside WrbaR ,- aside, aFea) 2.5 WR;tSs acfe 2. Each high density development shall be located either totally or primarily in areas classified Employment Center, Urban Mixed Use, or Community Mixed Use place types In cases where a high density development includes primarily Employment Center, Urban Mixed Use, or Community Mixed Use and limited Conservation place type or AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern areas, the residential units shall not be clustered at a density greater than 2.5 units per BASE SITE acre in the AE or VE special flood hazard areas or CAMA Estuarine Areas of Environmental Concern areas !'Amer„ ;+ieA RUFal eF ReseWee o.,,teetien. (10/5/95) Section 72 -42: Mining High Intensity Mining Operations High intensity mining operations shall be permitted in accordance with the use tables in Section 50 -2, subject to the following: (1) The minimum lot size shall be one acre. (2) Soil or other unconsolidated material (i.e. sand, marl, rock, fossil deposits, peat, fill or topsoil) may be removed for use off -site. Additional on -site processing shall be permitted (i.e. Use of conveyor systems; screening machines; crushing; or other mechanical equipment). (3) All mining operations and their associated activities shall comply with the following standards when dewatering occurs: a. Must be located a minimum of 100 feet from all property lines. (4) High Intensity Mining activities shall not be allowed in areas classified as aquifer resource protection or watershed resource protection on the 2006 CAMA Land Classification Map. A -424, 7/16 Order Page 5 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 this zoning ordinance amendment is: Consistent with the purposes and intent of the 2006 CAMA Land Use Plan and the 2016 Comprehensive Land Use Plan, as the amendment is necessary to allow continued administration of land use regulations to facilitate intelligent growth and economic development in the county. Reasonable and in the public interest as the amendment allows for uninterrupted administration of the county's Zoning Ordinance in a manner consistent with the spirit and intent of the existing regulations. Adopted the 6th day of September, 2016. a Beth Dawson, Chairman Attest: Teresa Elmore, Cferk to the Board A -424, 7/16 Order Page 6