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2009-06-01 RM ExhibitsExhibit Book 1l page _ 1. a AGENDA: June 1, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-189 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-189 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/NC Natural Gas Share The Warmth Expenditure: Decrease Increase Energy Neighbor (Progress Energy): Assistance Payments $4,240 Total $4,240 Revenue: Decrease Increase Administration: DSS Admin 1571 Funds - Federal/State $4,240 Total $4,240 Section 2: Explanation To budget an increase in State allocation received for the Energy Neighbor program. No matching County funds are required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-189, amending the annual budget ordinance for the fiscal year endi June 30, 2009, is adopted. Adopted, this~day oft w~ , 2009. (SE o~y O ~ BL SNt~ R - L 0- 1 . Ted Davis, Jr., Chain Sheila L. Schult, Clerk to the Board Exhibit Book X& I L- Page 12.116 AGENDA: June 1, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-238 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-238 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: Finance Revenue: Decrease Increase Tropical Storm Hanna - Federal Grant $174,397 Total $174,397 Revenue: Decrease Increase Appropriated Fund Balance $174,397 - Total $174,397 Section 2: Explanation This budget amendment is to budget FEMA reimbursement in connection with Tropical Storm Hanna. In September 2008, the County activated the EOC and opened shelters in response to the storm. 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 09-238, amending the annual budget ordinance for the fiscal year end' June 30, 2009, is adopted. Adopted, this day of , 2009 ~vt4-1 Y'N O O~ Z G 1141 Ted Davis, Jr., Chairm n to AGENDA: June 1, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-68 Exhibit Book xxx[ I Page 12, t~ BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2009-68 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Burn Pit Department: Finance Expenditure: Decrease Increase Contracted Services-Professional $63,971 Contracted Services - RIFS $99,031 Utilities $50,000 Transfer to General Fund $130,000 Total $343,002 Revenue: Decrease Increase Contribution - Corp of Engineers $10,993 Contribution - CFCC $14,903 Contribution - CitofWilmington $18,156 Interest on Investments $169,800 Transfers in General Fund $129,150 Total $343,00 2 Section 2: Explanation Fund 335, Burn Pit, has received contributions from the Corp of Engineers, Cape Fear Community College, City of Wilmington, and New Hanover County, as well as interest on investments that needs to be appropriated. The revenue is being budgeted in order to pay utilities and upcoming invoices. Also included in the budget amendment is $130,000 of excess interest earnings to be transferred to the General Fund. 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 2009-68, amending the I budget ordinance for the fiscal year ending June 30, 2009, is adopted. %NT y . N O 3 pted, thiks-~-day of 1 the 12009. 0 , T Afi a Z~y Ted Davis, Jr., Cha' an ATT~E T: \ Sheila L. Schult, Clerk to the Board Exhibit Book XXX.I ( Page AGENDA: June 1, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 09-245 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 09-245 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 Expenditure: Decrease Increase Libra Supplies $6,582 - Total $6,582 Revenue: Decrease Increase Libra : Grant - State $6,582 Total $6,582 Section 2: Explanation To budget 10% reduction in state allocation for FY08-09. 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 09-245, amending the annual budget ordinance for the fiscal year en ng June 30, 2009, is adopted. OvN , eed, this day of a w`.3i12009 Z~ A (1, Ted Davis, Jr., Chair n AGENDA: June 1, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET BY BUDGET AMENDMENT 2009-71 Exhibit Book I Page i 2 I e. BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 2009-71 be made to the annual budget ordinance for the fiscal year ending June 30, 2009. Section 1: Details of Budget Amendment: Fund: Smith Creek Park Department: Parks Expenditure: Decrease Increase Capital Outla : Capital Project Expense Design of Smith Creek Park $8,210 - Capital Project Expense Smith Creek Park Construction $20,896 - Total $29,106 Revenue: Decrease Increase Miscellaneous Revenue: Sale of Sand $29,106 Total $29,106 Section 2: Explanation To budget monies received from the sale of sand to complete design work for Smith Creek Park and to begin preliminary construction work including lime treatment of the lake. The lime treatment of the lake is necessary for preparation for a Parks and Recreation Trust Foundation (PARTF) grant project, should the grant be awarded. The application for the $500,000 grant was approved at the December 15, 2008 Board of Commissioners meeting. These funds would meet matching requirements that are part of the grant (50%150% split). Notification of grant receipt, if awarded, would be expected in summer 2009. 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 2009-71, amending the annual budget ordinance for the fiscal y4r ending June 30, 2009, is adopted. NT-y~Adopted, this day of 2009. G ~ z Z ~ i % , n Ted avis, Jr., Chair n erk to the Board r I,, V~ NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 1 75 • WILMINGTON, NC 28403 (910) 798-7149 - (910) 7987145FAX 'WWW.NHCGOV.COM 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 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Exhibit RESOLUTION Book Xx,Pagg /.I.,Z, REQUESTING THAT THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS ADD THE TOWN OF CAROLINA BEACH TO THE NEW HANOVER COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN WHEREAS, on October 30, 2000, the President of the United States signed into law the Disaster Mitigation Act of 2000 to amend the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988 to reinforce the importance of pre-disaster mitigation planning to help reduce disaster losses; and WHEREAS, North Carolina Senate Bill 300 requires all local governments to have an approved Hazard Mitigation Plan in order to receive state public assistance funds; and WHEREAS, the New Hanover County Multi-Jurisdictional Hazard Mitigation Plan (Plan) was approved in 2005 by the Federal Emergency Management Agency (FEMA) and the North Carolina Division of Emergency Management (NCEM) and includes the unincorporated areas of New Hanover County, the City of Wilmington and the Town of Kure Beach, and WHEREAS, the Town of Carolina Beach has requested to merge their Hazard Mitigation Plan with the New Hanover County Multi-Jurisdictional Plan in accordance with guidance provided by FEMA and NCEM. NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners hereby allows the Town of Carolina Beach to merge their Hazard Mitigation Plan with the New Hanover County Multi-Jurisdictional Hazard Mitigation Plan. ADOPTED this the 1't day of June, 2009. NEW HANOVER COUNTY 1j__ I' lomr - , 1 Ted Davis, Jr., C rman ATTEST- Sheila L. Schult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS FIREFIGHTER APPRECIATION MONTH PROCLAMATION Exhibit Book 2&I„Pap WHEREAS, for 2009, firefighters in New Hanover County and throughout the Nation have joined the Muscular Dystrophy Association (MDA) in the fight against neuromuscular diseases; and WHEREAS, firefighters raised more than $26 million nationwide for MDA in support of its many causes, and WHEREAS, through their daily service to communities and their dedication to the Muscular Dystrophy Association, the New Hanover County firefighters contribute greatly to the well being of all citizens; and WHEREAS, in honor of the efforts of the New Hanover County firefighters, the Muscular Dystrophy Association is sponsoring Firefighter Appreciation Month during the month of June 2009 with special recognition to these departments for their participation in the MDA Fill the Boot fundraising event during 2008: Castle Hayne, Wrightsboro, and Myrtle Grove; and WHEREAS, it is appropriate for all New Hanover County citizens to join the Muscular Dystrophy Association in this tribute to our firefighters. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 2009 be recognized as "Firefighter Appreciation Month" in New Hanover County. ADOPTED this the 1St day of June, 2009. "k. i J NEW HANOVER COUNTY " 3 , Ted Davis, Jr., Ch an ATTEST: Sheila L. Schult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS \ CASTLE HAYNE FIRE DEPARTMENT FIREFIGHTER APPRECIATION MONTH PROCLAMATION Exhibit Book XXX I - Page WHEREAS, for 2009, firefighters in New Hanover County and throughout the Nation have joined the Muscular Dystrophy Association (MDA) in the fight against neuromuscular diseases; and WHEREAS, firefighters raised more than $26 million nationwide for MDA in support of its many causes; and WHEREAS, through their daily service to communities and their dedication to the Muscular Dystrophy Association, the Castle Hayne firefighters contribute greatly to the well being of all citizens; and WHEREAS, in honor of the efforts of the Castle Hayne firefighters, the Muscular Dystrophy Association is sponsoring Firefighter Appreciation Month during the month of June 2009 with special recognition to this department for their participation in the MDA Fill the Boot fundraising event during 2008; and WHEREAS, it is appropriate for all New Hanover County citizens to join the Muscular Dystrophy Association in this tribute to our firefighters. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 2009 be recognized as "Firefighter Appreciation Month" in New Hanover County. ADOPTED this the I" day of June, 2009. NEW HANOVER COUNTY f (I. Ted Davis, Jr., Ch ' an ATT ST. Sheila L. Schult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS MYRTLE GROVE FIRE DEPARTMENT FIREFIGHTER APPRECIATION MONTH PROCLAMATION Exhibit Book XXXIt -Page J-2 :a - WHEREAS, for 2009, firefighters in New Hanover County and throughout the Nation have joined the Muscular Dystrophy Association (MDA) in the fight against neuromuscular diseases; and = WHEREAS, firefighters raised more than $26 million nationwide for MDA in support of its many causes; and WHEREAS, through their daily service to communities and their dedication to the Muscular Dystrophy Association, the Myrtle Grove firefighters contribute greatly to the well being of all citizens; and WHEREAS, in honor of the efforts of the Myrtle Grove firefighters, the Muscular Dystrophy Association is sponsoring Firefighter Appreciation Month during the month of June 2009 with special recognition to this department for their participation in the MDA Fill the Boot fundraising event during 2008; and WHEREAS, it is appropriate for all New Hanover County citizens to join the Muscular Dystrophy Association in this tribute to our firefighters. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 2009 be recognized as "Firefighter Appreciation Month" in New Hanover County. ADOPTED this the 1St day of June, 2009. NEW HANOVER COUNTY 1i &.a , Ted Davis, Jr., Ch irman T ST: Sheila L. Schult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS WRIGHTSBORO FIRE DEPARTMENT FIREFIGHTER APPRECIATION MONTH PROCLAMATION Exhibit Book Book .L4Yi.CL Page WHEREAS, for 2009, firefighters in New Hanover County and throughout the Nation have joined the Muscular Dystrophy Association (MDA) in the fight against neuromuscular diseases; and WHEREAS, firefighters raised more than $26 million nationwide for MDA in support of its many causes, and WHEREAS, through their daily service to communities and their dedication to the Muscular Dystrophy Association, the Wrightsboro firefighters contribute greatly to the well being of all citizens, and WHEREAS, in honor of the efforts of the Wrightsboro firefighters, the Muscular Dystrophy Association is sponsoring Firefighter Appreciation Month during the month of June 2009 with special recognition to this department for their participation in the MDA Fill the Boot fundraising event during 2008; and WHEREAS, it is appropriate for all New Hanover County citizens to join the Muscular Dystrophy Association in this tribute to our firefighters. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 2009 be recognized as "Firefighter Appreciation Month" in New Hanover County. ADOPTED this the 1st day of June, 2009. NEW HANOVER COUNTY " (I Ted Davis, Jr., C rman T ST: Sheila L. Schult, Clerk to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS ELDER ABUSE AWARENESS MONTH ~Exxhibit / PROCLAMATION -mil 1 -Page WHEREAS, elder abuse is the broad term used to identify mistreatment of elderly and disabled adults; and WHEREAS, abuse and neglect of elderly and disabled adults is one of the most under-recognized and under-reported social problems in this country; and WHEREAS, the magnitude of the problem is likely to increase for several reasons, especially with the anticipated rise in the number of elderly population; and WHEREAS, mistreatment can take many forms: physical abuse, emotional abuse, sexual abuse, neglect by a caregiver, self-neglect, exploitation, and financial exploitation; and WHEREAS, between 500,000 to five million people suffer elder abuse every year; and WHEREAS, it is estimated that approximately one out of every 14 cases of elder abuse is reported; and WHEREAS, abuse of the elderly is preventable. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 2009 be recognized as "Elder Abuse Awareness Month" in New Hanover County and that all residents and other jurisdictions are encouraged to become more aware of this problem and join in the prevention of elder abuse. ADOPTED this the 1s' day of June, 2009 NEW HANOVER COUNTY Ted Davis, Jr , airman i, ~ ST• _ Sheila L Schult, Clerk to the board ritLtit~L`--/ NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 1 75 - WILMINGTON, NC 28403 (910) 798-7149 (910) 798-7145 FAX •www.NHCG0V.c0h1 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 ,X,XIL Page 1.._2 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION CALLING FOR A SPECIAL ADVISORY REFERENDUM CONCERNING THE LEVY OF A ONE-QUARTER CENT (1/4¢) COUNTY SALES AND USE TAX WHEREAS, the General Assembly has enacted the "One-Quarter Cent (1/4¢) County Sales and Use Tax Act," Article 46 of Chapter 105 of the North Carolina General Statutes (Session Law 2007-323), which authorizes counties to levy a local sales and use tax; and WHEREAS, in order to levy the local sales and use tax, the County of New Hanover must conduct an advisory referendum in accordance with the provisions of the North Carolina General Statutes Section 163-287 NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners Section 1 In accordance with the North Carolina General Statutes, a special advisory referendum is hereby called to be held between the normal time the polls are open, on Tuesday, November 3, 2009, at which there shall be submitted to the qualified voters of the County of New Hanover the question set forth in Section 3 of this Resolution Section 2 The New Hanover County Board of Elections shall conduct said Referendum Section 3 The ballot question shall be in the following form ] FOR [ ] AGAINST Local sales and use tax at the rate of one-quarter percent (.25%) in addition to all other State and local sales and use taxes.' Section 4 The Clerk to the Board of Commissioners is authorized and directed to transmit a certified copy of this Resolution to the New Hanover County Board of Elections within three (3) days after the passage hereof Section 5 The Board of Elections shall publish legal notice of the special advisory referendum in accordance with North Carolina General Statutes Section 163-287 Section 6 This Resolution shall take effect upon its passage ADOPTED this the 1St day of June, 2009 ~0%3 NTy b z 2 ~~.f T. _rtL`~ NE~HA VER UNTY Ted Davis, Jr, Ch ~ man i~T ST Shei L Schult, Clerk to the Board SUP Book Page aG. COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER DENYING REQUEST FOR SPECIAL USE PERMIT S-590(5/09) Allow in-home daycare for up to 8 children in an R-10 Residential Zoning District at 4432 Jason Court in the Churchill Estates Subdivision The New Hanover County Board of Commissioners having held a public hearing on June 1, 2009, to consider a request by Janie Walker for a special use permit to allow in-home daycare of up to 8 children in an R-10 Residential zoning district at 4432 Jason Court, and having heard all of the evidence and arguments presented at the hearing, renders the following FINDINGS OF FACT and draws the following conclusions: FINDINGS 1. Section 71-1(3)of the New Hanover County Zoning Ordinance requires that in order to grant a special use permit, the Commissioners shall find that all of the following four fundamental requisites are met: (A) that the use would not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (B) that the use meets all required conditions and specifications; (C) that the use will not substantially inure the value of adjoining or abutting property; and (D) 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. 2. The New Hanover County Planning Board made a recommendation to approve the request with modifications to the proposed parking and access method. 3. The Commissioners held a proper hearing in accordance with the notice and advertising requirements of Section 112-1 of the zoning ordinance and received testimony and evidence from the applicant and opponents of the request. Opponents testified that expansion of the business would commercialize their neighborhood and jeopardize the residential harmony of the area to have a large parking area in front of the house and other potential improvements. 4. In the judgment of the majority of Commissioners, the location cannot meet the requirements of the ordinance for this use in a way that is harmonious with the established single-family residential neighborhood. A motion to approve the request failed. S-590 Page I of 2 Therefore, the County Commissioners, after considering all the facts and finding that the proposal fails at least one of the fundamental requirements for approval hereby DENY the request. Ordered this the I" day of June, 2009. Ted Davis, Jr., Chairman Attest: q~,L - L~~ Sheila L. Schult, Clerk to the Board 5-590 Page 2 of 2 SUP Book, I V Page 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-591,5/09 The County Commissioners for New Hanover County having held a public hearing on June 1, 2009 to consider application number S-591 subrmtted by Gertrude Martins for a special use pernut to locate a Child Daycare Facility in a R-15 Residential District at 523 Upland Drive in the Bayshore Estates subdivision, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Sections 71-1 and 72-20 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Public water and sewer serves the property. B. The property accesses Market Street, an identified arterial, by Bayshore Drive a neighborhood collector street. C. Level of Service on Market Street is rated as F, meaning traffic exceeds the design capacity and delays of 45-60 seconds occur at intersections. D. Average daily traffic counts along Market Street decreased between 2006 and 2009 by about 5%. Within the neighborhood, traffic has also decreased nearly 251/o on Bayshore Drive between 2006 and 2008 E. Traffic Impact Analysis is not required because traffic for this use will not reach the threshold of 100 peak hour trips. F. Fire Service is available from the Ogden Fire Department. G. The property is not located in a flood hazard area. H. The proposed facility is a single family residence. The applicant currently keeps 5 children. It is the County Comnussioners' 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. Off-street parking requirements must the requirements of Article VIII of the New Hanover County Zoning Ordinance. Four spaces in addition to the normal residential requirement of 2 spaces must be provided. C The applicant proposes a 3-point turn in the driveway and parking areas to meet the ingress and egress requirements of the Section 72-20(2) D. There is an existing play area which is enclosed by a privacy fence that is more than four feet high as required by the ordinance E The day care must be licensed by the State of North Carolina. F. In accordance with Section 72-20 no outside signs in excess of 2 sq. ft. shall be permitted. S-591 Page 1 of 2 G All other local, state and federal requirements must be met, including possible property upgrades to meet building codes and fire safety codes. 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 inure 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 tlus area as Watershed Resource Protection. B. Policies in the 2006 Land Use Plan do not specifically address daycare needs. 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. Ordered this 1" day of June, 2009. Ted Davis, Jr., Chai Attest: el a L. Schult, Clerk to the Board S-591 Page 2 of 2 SUP Book I Page a= COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For High Density Residential Development of 228 units in CD(R-10) Zoning District Z-894 (5/09) The County Commissioners for New Hanover County having held a public hearing on June 1, 2009 to consider application number Z-894 submitted on behalf of owner Royal Palms Mobile Home Park, LLC for a special use permit to locate a high density residential development of 288 units in a CD(R-10) Conditional District approved under companion rezoning action, said proposal being located at 5140 Carolina Beach Road, and having heard all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: 1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 59.7 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 Commmissioners make the following FINDINGS OF FACT: A. Public utilities are available to the site. B. Fire Service is provided by the Myrtle Grove Fire Department. C. The property is partially located in a flood hazard area and is influenced by the Motts Creek floodway. D. Stormwater control is subject to the requirements of the County's stormwater ordinance and is proposed to be accommodated in ponds at various locations around the site. E. A traffic impact analysis was not prepared for this proposal because the additional units are anticipated to generate less than the threshold. An additional 45 a.m. peak hour and 32 p.m. peak hour trips were calculated. F. The existing mobile home park maintains 191 spaces or density of about 7 units per acre. The request will result in density of 10.4 units per acre. G. Access to the site is from Carolina Beach Road. One of the existing two driveways will be closed. Secondary access to replace the driveway being closed will be made by interconnectivity to the Normandy Drive stub for Phase It of the project. Z-894 Page3 H. The project is located in the Motts Creek drainage area. Motts Creek is classified as C; Sw. 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 27.6 acre site is currently a mobile home park with zoning split between R-10 and R-15. This request is made concurrent with conditional rezoning to CD(R-10) for 288 condominium units. B. Under the current split R-10 and R-15 zoning, the maximum residential density permitted by right for this property would be 83 units. C. Conditional zoning districts are designed for finn development proposals and not for tentative development. D. Parking is proposed at 644 spaces, which includes two (2) spaces per apartment unit and an additional 18 spaces, plus 50 spaces for the clubhouse area. E. Information on the proposal was shared by the applicant with surrounding property owners at a meeting on April 16, 2009. F. Buffers on the site plan are consistent with Sec. 67-4(4) and the Conservation Overlay District. G. Open space is proposed at about 6.5 acres or 23.8%, which exceeds the minimum requirement of 20%. H. Improved recreational space meets the minimum requirement of 15%. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been submitted that this project will decrease property values of adjacent parcels. B. Surrounding property includes a mobile home park, single family residential and commercial development. 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 hannony 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: 7-894 Page 4 A. The 2006 Update of the Joint LAMA Plan encourages higher density development to be located in urban areas where public services are already in place. The Conservation class applies to areas within the 100 year flood plain. The purpose of the class is to provide for effective long-tenn management and protection of significant, limited, or irreplaceable natural resources while also protecting the rights of the property owner. 13. The location is in an area recently approved for annexation by the City of Wilmington. The effective date of the annexation action is 2010. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the provisions of conditional rezoning and limitations of the attached site plan and Section 69.4 of the zoning ordinance and the following additional conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as any additional conditions hereinafter stated and all other state or federal requirements. B. In accordance with Section 59.7-6(1) of the ordinance, a building permit must be issued within 24 months of approval or the action will be revoked C. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. D. The street connection to Normandy Drive must be made prior to occupancy of the 108 units envisioned for Phase II of the project. Ordered this 1" day of June, 2009 1~ id Ted Davis, Jr., airman Attest: Shei a L. Schult, Clerk to the Board Z-894 Page 5 Zoning Book Section _a ...Page _ Y4 - AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED April 7, 1971 CASE: Z-894, 05/09 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No. 4 is hereby amended by removing the hereinafter described tract from the R-15 and R-10 Residential Districts and placing it in a Conditional District CD (R-10) Residential Zoning District for the purposes of a high density residential development of 288 units, said lands being described as follows: Commencing at a point, an old iron pipe, located at the intersection of the western right of way of U.S. Highway 421 (160' Public Right of Way) and the northern right of way of Antionette Drive (S.R. 1247 - 60' Public Right of Way); running thence along and with the western right of way fine of U.S. Highway 421 North 35052'40" West a distance of 1108.86 feet to an old iron pipe, the Point of Beginning; thence from Beginning point along and with the now or former Austin Commons COA, Inc. tract (D.B. 2435, Pg. 747), the now or former Ronald M. Hughes tract (D.B. 2864, Pg. 494) and the now or former SKS, Inc. tract (D.B. 2076, Pg. 0003) common western lines South 27047'00" West a distance of 1,072.00 feet to an iron pipe located in the western line of the now or former Danny M. Powell tract (D.B. 3449, Pg. 356) and in the center of Molt's Creek; thence leaving the Powell line and running down the run of Molt's Creek as it meanders South 72012'50" West a distance of 135.29 feet to a point; thence South 89046'15" West a distance of 767.41 feet to a point; thence South 66°00'50" West a distance of 53.03 feet to a point in the southeastern line of the now or former Cape Fear Utilities, Inc. tract (D.B. 1342, Pg. 487); thence leaving Molt's Creek along and with the now or former Cape Fear Utilities, Inc. southeastern line North 03050'35" West a chord distance of 49.03 feet to a point; thence North 3104455" West a chord distance of 50.00 feet to an iron pipe; thence North 59059'20" West a chord distance of 50.00 feet to an iron pipe; thence North 88°03'40" West a chord distance of 50.00 feet to an iron pipe; thence South 63°38'30" West a chord distance of 21.22 feet to an iron pipe; thence North 60012'00" West a distance of 6.74 feet to an iron pipe; thence South 54008'00" West a distance of 339.14 feet to an iron pipe in the eastern line of the now or former New Hanover County tract (D.B. 1638, Pg. 1368); thence along and with the eastern line of the now or former New Hanover County tract (an old marked line) North 35052'00" West a distance of 200.00 feet to an iron pipe, said pipe being the southwest corner of the now or former Lloyd C. Bowden, Jr. tract (D.B. 5202, Pg. 1058); thence along and with the Bowden line and crossing Molt's Creek North 54008'00" East a distance of 2,158.00 feet to an iron pipe that is in the western line of U.S. Highway 421; thence along and with the western line of U.S. Highway 421 South 35°52'00" East (passing through an old iron pipe at a distance of 200.00 a total distance of 401.61 feet to the point of Beginning; containing 27.61 acres, more or less. Being the same property conveyed to Royal Palms Mobile Home Park Associates by deed recorded in Book 1294 at Page 1797 in the New Hanover County Register of Deeds office. Z-894 Page] Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area No. 4 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 27.6 acres from R-15 and R-10 residential districts to CD(R-10) conditional district is: A. Consistent with the purposes and intent of the transition land classification and associated policies in the 2006 land use plan. B. Reasonable and in the public interest to consolidate the zoning of the parcel and to allow for transition of an existing mobile home park into a high density condominium project on a conditional basis at this location. Adopted the 1" day of June, 2009. Ted Davis, Jr., Chairman Attest: Sheila L. Schult, Clerk to the Board Z-894 Page 2