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2009-11-02 RM ExhibitsV Exhibit NEW HANOVER COUNTY Book "XLLPoo BOARD OF COMMISSIONERS Resolution Recognizing Wilmington Christian Academy's 40t" Anniversary WHEREAS, Grace Baptist Church was started in 1953 by Pastor and Mrs. Ray Noland at a building located on North Ninth Street in New Hanover County and established by charter, in September of that same year; and WHEREAS, Wilmington Christian Academy was founded in 1969 as a ministry of Grace Baptist Church and since that time has grown to be the largest private school in southeastern North Carolina currently serving 724 students and employing fifty-three faculty members; and WHEREAS, Wilmington Christian Academy serves the K3 - 12 school population and fulfills all the requirements of the North Carolina Division of Non-Public Instruction and is a member of the American Association of Christian Schools and the North Carolina Christian School Association; and WHEREAS, for forty years Wilmington Christian Academy has existed to assist parents and students in the pursuit of spiritual, academic, physical and social excellence; and WHEREAS, the dedication and talents of individual teachers, parents and students has helped make Wilmington Christian Academy the success it is today through its advocacy, compassion and conducive learning environment; and WHEREAS, on November 15, 2009 in honor of the 40"' Anniversary of Wilmington Christian Academy, there will be a "Thank You Wilmington" celebration beginning with a service at 9:15 a.m. and a free picnic from noon until 3:00 p.m. NOW, THEREFORE BE IT RESOLVED, that the. New Hanover County Board of Commissioners recognizes the 40`" Anniversary of Wilmington Christian Academy. ADOPTED this the 2"d day of November 2009. NEW HANOVER COUNTY Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Cleric to the Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION OF INTENT TO CLOSE /ABANDON A PORTION Of) WESTERN END OF CHAIR ROAD (SR 1332) (Adjacent to Highway I-140) Book ,,LPage 2 WHEREAS, a petition has been filed pursuant to NCGS 153-A-241, requesting the New Hanover County Board of Commissioners to close/abandon the following described road adjacent to Highway 1-140. Beginning at a right of way disc being located at station 169+36.69 (51+62.314m) and offset 114.83 (35.000m) of U.S. I-140 (U.S. 17 Wilmington Bypass) as referenced on NCDOT Highway Plans (Project: 6.258001B). Said right-of-way disc being the place and Point of Beginning. 1) Thence from said Point of Beginning and running N 00° 09' 05" E 289.28' to a right of way disc. 2) Thence running N 81 °54' 0l" E 57.88' to a right of way disc. 3) Thence running N 28°38' 41" E 242.68' to a right of way disc. 4) Thence running N 32°52' 46" E 468.78' to a right of way disc. 5) Thence running around a curve to the left with a radius of 600.39' and a length of 300.61' and a chord of N 17°48' 51" E 297.48' to a right of way disc. 6) Thence running N 03°28' 14" E 580.92' to a right of way disc. 7) Thence running N 06°40' 47" W 271.64' to a right of way disc. 8) Thence running S 77°07' 59" W 45.97' to a right of way disc. 9) Thence running N 15°19' 16" W 108.27' to a right of way disc. 10) Thence running N 73°59' 40" E 274.58' to a right of way disc. 11) Thence running N 79°03' 13" E 203.94' to a right of way disc. 12) Thence running N 85°41' 26" E 254.05' to a right of way disc. 13) Thence running S 81°19' 30" E 162.73' to a point. 14) Thence running S 18°39' 20" W 189.46' to a point. 15) Thence running N 63°50' 31" W 187.06' to a right of way disc. 16) Thence running N 89°12' 19" W 171.91' to a right of way disc. 17) Thence running S 75°56' 37" W 190.25' to a right of way disc. 18) Thence running S 58°56' 05" W 58.24' to a right of way disc. 19) Thence running S 04°11' 42' W 737.06' to a right of way disc. 20) Thence running S 05°57' 43" E 76.15' to a right of way disc. 21) Thence running N 84°58' 13" E 179.18' to a right of way disc. 22) Thence running S 20°42' 04" W 71.22' to a point. 23) Thence running around a curve to the left with a radius of 4708.00' and a length of 419.28' and a chord of S 36°33' 03" W 419.14' to a point. 24) Thence running around a spiral to the left with a chord of S 32°46' 32" W 298.95' to a point. 25) Thence running S 32°09' 28" W 731.65' to the place and point of beginning. Containing 9.00 Acres and being a portion of U.S. I-140 (U.S. 17 Bypass) and Chair Road (S.R. 1332) as referenced on NCDOT right of way plans for Project: 6.258001B. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners is considering closing a portion of Chair Road to public use and that a public hearing on this question will be held on the 7th day of December, 2009 at 6:00 p.m. or thereafter in the Assembly Room of the New Hanover County Historic Courthouse located at 24 North Third Street in Wilmington, NC at which time the Board will hear all interested citizens and make a final determination as to whether the road shall be closed. ADOPTED this the 2nd day of November, 2009 AO-192w'(1 Ted Davis, Jr., Chair Attest: Sheila L. Schu t, Clerk to the Board AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-081 Exhibit Book ~C!!__,__Xll Page BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-081 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriffs Office/Detention Expenditure: Decrease Increase Sheriff's Office/Detention: Supplies $201768 Capital Outlay - Equipment 10,000 Total $211,768 Revenue: Decrease Increase Sheriff s Office/Detention: State Criminal Alien Assistance Program $211 768 Total $2119768 Section 2: Explanation To budget grant award of $211,768 from the Bureau of Justice Assistance State Criminal Alien Assistance Program, which must be used for correctional expenses incurred for incarcerating undocumented criminal aliens. There is no County match 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 10-081, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this day of e 2009. a1NTY . . 0 \ Ted Davis, r., Chair n to Exhibit Book X M Page AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-076 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-076 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Sheriffs Office/Uniform Patrol Expenditure: Decrease Increase Sheriff's Office/Uniform Patrol: Uniforms - Purchase $29,146 Finance/Nonde artmental: Contingencies $14,573 Total $14,573 $29 146 Revenue: Decrease Increase Sheriff's Office/Uniform Patrol: Grant - Federal: 2009 BVP Grant $14,573 Total $14,573 Section 2: Explanation To budget grant award of $14,573 from the Bureau of Justice Assistance for the purchase of bulletproof vests. Prior to actions taken at this Board of County Commissioners meeting, the Contingencies Fund balance is $63,343. 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 10-076, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. \p~1e`cn~o~A ,2009. Ted Davrs, Jr., Chai an `rte i= NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 • WILMINGTON, NC 28403 (910) 798-7149 • (910) 7987145 FAX •www.NHC=oV.coh1 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 .444 Page NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION AWARD FOR THE PURCHASE OF THIRTEEN (13) CROWN VICTORIAS WHEREAS, after due advertisement, bids were received and publicly opened by the Purchasing Supervisor at 10:00 a.m., Thursday, October 8, 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 the purchase of thirteen (13) Crown Victorias with police packages, RFB # 2010-10540; and Capital Ford, Inc. $274,984.84 Capital Ford of Wilmington $275,626.00 Friendly Ford $303,498.00 Bill Smith Ford $306,150.00 WHEREAS, Capital Ford, Inc. is the lowest responsible bidder, submitting a bid in the amount of Two Hundred Seventy Four Thousand Nine Hundred Eighty-Four and 84/100 Dollars ($274,984.84); and WHEREAS, staff has reviewed the bid and recommends that the bid be awarded to Capital Ford Inc; and WHEREAS, the Board approved a budget amendment on August 17, 2009 to accept funds for a 2009 America Recovery and Reinvestment Act (ARRA): Justice Assistance Grant (JAG) for this purchase and funds have been budgeted and are available for this expenditure in account number 11032150 800400 RS 001. NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that RFB # 2010-10540 for the purchase of thirteen (13) Crown Victorias with police packages be awarded to Capital Ford, Inc., in the amount of Two Hundred Seventy-Four Thousand Nine Hundred Eighty-Four and 84/100 Dollars ($274,984.84). ADOPTED this 2°d day of November, 2009. tJTV 0 NEW HAN VER C LINTY ~ rv P Ted Davis, Jr., Chairman ATTEST: Sheila L. Schult, Clerk to the Board Exhibit Book X XXl ( Page ~Gi. AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-071 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-071 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Department of Social Services Expenditure: Decrease Increase ARRA/Food and Nutrition Services: Salaries & Wages $22,8 2 Temporary Salaries 12,756 - Social Security 2,833 Lon Term Disability 41 Retirement - Local Government 1,117 Medical 4,905 Total $44,494 Revenue: Decrease Increase ARRA/ Food and Nutrition Services: Food and Nutrition Services Grant - Federal $44,494 Total S-44,494 Section 2: Explanation To budget Food and Nutrition Services Program funds received as part of the American Recovery and Reinvestment Act (ARRA) for Federal 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 10-071, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. n oMern``0.t~. 2009. ,I-Ty . -,,,Adopted, this & day of r', d Ted Davis, Jr., Chairh4aii Exhibit Book AAx Page ,b AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-072 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-072 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Department of Social Services Expenditure: Decrease Increase ARRA / Child Da Care: Da Care Services $315,318 Total $315,318 Revenue: Decrease Increase ARRA/ Child Da Care: Da Care Services Grant - Federal $315,318 Total $315,318 Section 2: Explanation To budget Day Care program funds received as part of the American Recovery and Reinvestment Act (ARRA) for Federal FY09-10 to be used to provide day care services to children. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. zO Q x 3. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-072, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. NTY'No ted this na day of ~ll ~)ehn~2Jt` , 2009. P r ~ Ted Davis, Jr., Chai n Sheila L. chult, erk to the Board AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-085 Exhibit Book XXXI-1 Page.-Z/ . (e BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-085 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Department of Social Services Expenditure: Decrease Increase ARRA/Food and Nutrition Services: Salaries & Wages $47,000 Temporary Salaries 4,000 Social Security 3,900 Lon Term Disability 135 Retirement - Local Government 1,595 Medical 3,500 Total $60,130 Revenue: Decrease Increase ARRA/ Food and Nutrition Services: Food and Nutrition Services Grant - Federal $60,130 Total $60,130 Section 2: Explanation To budget Food and Nutrition Services Program funds received as part of the American Recovery and Reinvestment Act (ARRA) for Federal FY09-10. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. (~IfI ~I NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-085, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. .ITV _ this _a_4_day of 2009. fv. n Ted Davis, Jr., Chairmai Shei a L. cult, Clerk to the Board Exhibit Book X XX page eZ r'O. G~ AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-078 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-078 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Senior Resource Center Expenditure: Decrease Increase Senior Resource Center / Senior Center: Overtime $437 Total $437 Revenue: Decrease Increase Senior Resource Center / Senior Center: Senior Center General Purpose Grant - State $437 Total $437 Section 2: Explanation On October 19, 2009, the Board of Commissioners approved acceptance of the Cape Fear Area Agency Senior Center General Purpose Grant Funding. As a "Center of Excellence" the Senior Center received additional funding. However, the amount awarded was less than had been budgeted. This is to budget a reduction in revenue and expenditures to match the actual grant award. 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 10-078, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. Adopted, this lh,~_day of y;JSTY.A O ~i \ Ted Davis, Jr., Chairn~ai t, Clerk to the B Exhibit Book X)0XI( Page 9L .-Le AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-082 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-082 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section is Details of Budget Amendment: Fund: General Fund Department: Sheriffs Office/Administration/DetectivesNice Expenditure: Decrease Increase Sheriff's Office/Detectives: Overtime $10,565 Sheriffs OfficeNice: Overtime 588 1 Total $11 l53 Revenue: Decrease Increase Sheriff's Office/Administration: Miscellaneous Revenue $11 153 Total $11,153 Section 2: Explanation To budget Task Force reimbursement for deputies' overtime. 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 10-082, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. this a(\d day ofLv\g&.~ 1 1.2009. 1 0", Ted Davis, Jr., Chairriza4i Sheila L. Scut, Clerk to the Boar Exhibit Book X XI Page AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-084 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-084 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Juvenile Services/American Recovery and Reinvestment Act Expenditure: Decrease Increase Juvenile Services/ARRA: Grant Expenditures $50, 00 Total $50,000 Revenue: Decrease Increase Juvenile Services/ARRA: Grant Expenditures $50,000 Total $509000 Section 2: Explanation To budget Department of Juvenile Justice Delinquency Prevention/Justice Assistance grant funds. Funds are supplied through the American Recovery and Reinvestment Act of 2009, and will be disbursed to the BRIGADE Boys and Girls Club. Funds will be used for community-based youth gang prevention. No County match is 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 10-084, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. -i T1,, dopted, this _~Na_day of 2009. a . Schu t, Clerk to the B t6 ' II Exhibit Book )~{--ACA Page .2/, AGENDA: November 2, 2009 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-088 BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-088 be made to the annual budget ordinance for the fiscal year ending June 30, 2010. Section 1: Details of Budget Amendment: Fund: General Fund Department: Health/H1N1 Implementation and Public Health Bioterrorism Expenditure: Decrease Increase Health/HINI Implementation: Temporary Salaries S250,0 0 - Contract Services 275,013 Health/Public Health Bioterrorism: Contract Services 5 000 Total $530,013 Revenue: Decrease Increase Health/HINI Implementation: NC Public Health Preparedness and Response $525,013 Health/Public Health Bioterrorism: NC Public Health Preparedness and Response 5,000 Total $530 013 Section 2: Explanation The New Hanover County Health Department has been notified by the State Office of Public Health Preparedness and Response of an award in H1N1 implementation funds. These are Public Health Emergency Response funds being distributed through the North Carolina Division of Public Health. Funds are to address gaps in capabilities for mass vaccination implementation and to support activities related to implementation of a mass vaccination campaign at the local level. These funds will be used to hire temporary help and pay salary/overtime costs associated with vaccine administration, pay costs associated with dispensing/distributing antiviral drugs, and other costs to support vaccine administration. No County match is 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 10-088, amending the annual budget ordinance for the fiscal year ending June 30, 2010, is adopted. LOVN E y `dopted, this a ,day of nye 2009. J Ted Davis, Jr., Ch ' an Sheila ~LSLhult, Clerk to the Board AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 6, 1969, UPDATED APRIL 200 EXhibt Book MA LPaQe A-380 (8/09) 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: ADD a new Section 53.6 Exceptional Design Zoning District (EDZD), the text for which is attached as part of this order. 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 accordance with NCGS 153A-341 and the board of commissioners has found the amendment consistent with the policies adopted in the 2006 land use plan, reasonable and in the public interest to create a new zoning district option. 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. Adopted the 2"d day of November, 2009. GOVNT Y.~ 0 o~ 9 7 7 w Z a 11 •~'~ABZIsNED Ted Davis, Jr, ChairdIA Attest: Sheila L. c ult, Clerk to the Board A-380 Page 1 of 1 A-380 (8/09) CERTIFICATE F APPROVAL NEW OVER COUNTY COMMISSIONERS 11116, DATE AI PERSON Section 53.6 EXCEPTIONAL DESIGN ZONING DISTRICT (EDZD) 53.6-1: Intent- The Exceptional Design Zoning District (EDZD) provides opportunities for mixed use or high density residential projects within the unincorporated areas of the County where appropriate urban features are in place to support such projects without the negative impacts of urban sprawl. Through the conservation of water bodies, wetlands, floodplains and open space, it is intended that this district will prevent the degradation of water quality and foster the preservation of natural hydrology, habitat and biodiversity. In addition, the district is intended to provide design flexibility to achieve public and private spaces that advance a sense of community in a well-integrated service area that diminishes the need for vehicular traffic and encourages bicycle and pedestrian movements. The EDZD shall be located with respect to public and private facilities existing or clearly available by the time they are required within the development Physical character of the site and relation to surrounding property - The site shall be suitable for development in the manner proposed without creating hazards to persons or property, on or off the district, and free from the probability of flooding, erosion, subsidence or slipping of the soil or other dangers. Condition of soil, groundwater level, drainage and topography shall all be appropriate to both the kind and pattern of use intended. If appropriate to the form and function of development, lands to be included in EDZD districts may be divided by streets, alleys, rights-of-way or easements, but shall be located, dimensioned and arranged as to permit unified planning and development and to meet all requirements in connection therewith, as well as to provide necessary protection against adverse relationships between uses in the district and uses in surrounding areas. 53.6.2: Applicability - Areas classified as Conservation on the current CAMA Land Classification Map are not eligible for residential density greater than 2.5 units per acre, and such acreage 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. 53.6-3: Procedures for establishing Exceptional Design Zoning Districts 1) Applications; procedures and materials to be submitted. Approval for EDZD rezoning shall generally follow procedures for establishment of Planned Development Districts. Material submitted with the application as outlined below, or on subsequent request by the Planning Department, shall include all plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case. Applicants are recommended to meet with staff before substantial investments are made towards the design of exceptional development projects and are required to meet with staff to review the exceptional development concept and criteria prior to submitting an application. Application shall be made on forms provided by the County and in accordance with the schedule of deadlines for Planning Board submissions. The following procedures must be met: a. Meet with staff b. Hold 2 meetings with owners and neighbors adjacent to the proposal and within 500 feet of the area to be considered (Section 111-2.1: Required community information meeting before consideration). At least one meeting must be scheduled after 6:00 p.m. Page 1 1 A-380 (8/09) c. Prepare application and submit by application deadline. The application shall include: i. Survey map as well as metes and bounds description of the boundaries. ii. Map showing location of existing public water and sewer lines, roadway classification, existing or planned bicycle and pedestrian facilities, schools, parks and shopping districts within a mile radii of the outermost project boundary. iii. Traffic Impact Analysis prepared and signed by a licensed traffic engineer is required for all projects (based on proposed maximum density and intensity for the acreage). iv. Narrative generally describing the reasons for seeking rezoning and outlining the anticipated development to be approved under separate permit at a later date, if known, and describing the adequacy of access to the site. V. Inventory of the existing environmental, cultural, historical and natural site attributes. vi. A conceptual plan that shows with reasonable certainty the type and intensity of use for the proposal. vii. Summary of the meetings held with surrounding property owners. viii. A checklist of the prerequisite standards that will be met. ix. Application fee. X. Calculations of the requested density/intensity and documentation supporting the award of points for any density bonus. xi. Verifiable water and sewer expansion plans must be provided and allocation of capacity confirmed with the Cape Fear Public Utility Authority. . xii. Phasing schedule. xiii. The project must meet all applicable requirements of the County Zoning Ordinance. d. Planning Board consideration and Board of Commissioners decision after public hearing. 53.6-4: District Regulations - Residential density and non-residential intensity within the EDZD shall be based upon the overall exceptional design score of the proposed development. The following regulations must also be met: 1) The applicant must be the owner or owners of all the property to be included in the district and must demonstrate that the property is jointly owned or be subject to a formal agreement for unified control. 2) A district must include the entirety of the parcel or parcels being considered. Page 2 A-380 (8/09) 3) A district may not extend across any major or minor arterial roadway unless the district proposes multiple, unified development phases of mixed uses having safe, signalized vehicular, pedestrian and bicycle facilities to connect the projects. 4) Density permitted by right for residential units in the district shall be six (6) units per acre. 5) Cumulative floor area ratio (FAR) for mixed use permitted by right in the district shall be 1.0. 6) All proposals seeking to exceed six (6) units per acre or FAR of 1.0 must accumulate exceptional design bonus points sufficient to qualify for the proposed densities or intensities. 7) Prerequisite standards as described in Table 53.6-7. 8) The Exceptional Design District Certification must be assured during the first phase of development or prior to completion of more than 24 units, whichever comes first. 53.6-5 Staff Recommendations - Planning staff, in consultation with other appropriate departments or personnel, shall prepare a written report to the planning board and board of commissioners, containing the following findings: 1) As to the suitability of the proposals for the general type of function, the physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development. 2) As to the sufficiency of supporting evidence in the application showing that the proposed location can meet the basic criteria for exceptional design. 3) As to the relation to major roads and mass transit facilities, utilities and other facilities and services. 4) As to the adequacy of evidence on unified control and the suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed. 5) As to the suitability of plans proposed or the suggestion of conditions. 6) As to the consistency with the County's adopted Land Use Plan and other adopted plans for development in the vicinity, and suggesting how the rezoning might be reasonable and in the public interest if approved. 53.6-6 Actions by Planning Board; Board of Commissioners - Actions by the planning board shall be in the nature of a recommendation for or against the rezoning and may include suggested conditions of approval. The Board of Commissioners may grant the application in accordance with the EDZD regulations and other applicable local, state or federal requirements or may approve the application with conditions attached, or may deny the application. 53.6-7 Development to be in Accord with Approved Concept Plan and Related Regulations- If the rezoning is approved, the Board of Commissioners shall, approve the development concept plan as described in the application, or indicate required modifications in such approved plan, and such approval shall be binding in determinations concerning final development plans. If the rezoning is approved, the development shall be required to be in accord with approved concept plans and meet the requirements of these and other regulations, as approved. The development shall also conform to any Page 13 A-380(8/09) time limitations established by the board of commissioners or the applicant as to beginning and completion of the development as a whole, or in specified stages. Before development may proceed, agreements, contracts, deed restriction, sureties and other instruments involved shall be in a form approved by appropriate officers or agencies. Underlying standards upon which to add the exceptional design criteria shall include: 1) Maximum Building height: within 200 feet of the district boundary, building height shall not exceed 40 feet. 2) Building setback and separation: Buildings located on the periphery of the district shall be set back a minimum of twenty (20) feet from the district boundary or as required in Section 69.11 of the zoning ordinance. All buildings shall be set back at least ten (10) feet from all pedestrian and bicycle paths, and fifty (50) feet along major or minor arterial roadways. No building shall encroach into the right-of way of a proposed thoroughfare as designated by the Wilmington Area Thoroughfare Plan. In no case shall any part of a detached single family dwelling unit be located closer than ten (10) feet to any part of any other detached single family dwelling; and in no case shall any part of a multifamily dwelling unit be located closer than twenty (20) feet to any part of another multifamily unit or non-residential building. 3) Parking: Off-street parking shall be provided in accordance with Article VIII of the zoning ordinance. Projects that meet Additional Requirements 1, 2, 3 and 5 may reduce the minimum parking requirements by 10% within the commercial component of the project. 4) Signs: Signs shall comply with the standards in Article IX of the zoning ordinance. The developer shall be responsible for erecting and a property owners association shall be responsible for maintaining street name signs at all intersections within the district. 5) Landscaping and buffering shall be in accordance with Article 67. 6) Street Lights: Street lights shall be included at the rate of one fixture per 500 linear feet or less of roadway. 7) Conservation Resource Requirements shall be applicable. 53.6-8 Administrative Action for Approval of Final Plans 1) After an EDZD district has been established, no building permit shall be issued therein, unless and until the Technical Review Committee and the Planning Director have approved final plans and reports for the development as a whole or stages or portions as outlined upon approval. The form and content of such final plans and reports shall be as prescribed for the district, and in the rules of the county and other affected agencies. The final plan shall constitute the equivalent of preliminary plat approval under the New Hanover County Subdivision ordinance. 2) Approval of final plans and reports shall be based on compliance with zoning regulations applying at the time the land was zoned to EDZD status, including such specific conditions as Page 14 A-380 (8/09) were included by the Board of Commissioners in its rezoning action. The Planning Director shall certify that the conditions imposed by the board of commissioners have been met. 3) Upon approval of final plans and reports, building permits shall be issued in the same manner as for building permits generally, provided that any requirements relating to the order and location in which building permits are to be issued in the particular EDZD district shall be observed. Except as provided in this article, final plans and reports approval shall be binding on the applicants and any successor in title, so long as EDZD zoning is applied to the land. 53.6-9 Approval of Detailed Plans and Related Material is an Administrative Action Approval of detailed plans and related material is an administrative action. No public notice or hearing is required in connection with approval proceedings of final plans or changes in approved plans, but the Technical Review Committee shall meet and approve the technical merits of the final plan, and when the Planning Director or his designee has certified that the plan approved by the Technical Review Committee meets all the requirements and conditions of the original approval, then signatures of the Planning Director and the Chairman of the Technical Review Committee shall be affixed to the approved final plan. 53.6-10 Restrictions on Permitted Uses The principal uses in an Exceptional Design Zoning District shall be as set out and approved in the original approving action, unless otherwise amended by the Board of Commissioners. After the concept plan has been approved, changes in any principal use or accessory use shall constitute a change in the approved EDZD and shall require approval by the board of commissioners. 53.6-11 Effect of Approval Any area designated as an Exceptional Design District shall thereafter be developed using only the exceptional design standards and proposed conditions under which the EDZD is approved. Any reduction in the prerequisite standards after approval shall be considered a violation of the terms and conditions of approval. In accordance with NCGS153A-344.1(c) and (d) , approval of the master plan shall establish a vested right. After 24 months from the date of original approval, if no construction activity has been permitted, the approval of the original concept plan and any approved final plan shall expire and new approvals based on standards existing for EDZD districts at that time shall be required. Extensions of vested rights beyond the first 24 months may be approved by the Technical Review Committee based on relevant circumstances, including but not limited to the size and phasing of development, the level of investment, the need for the development, economic cycles, and market conditions, but the total vesting period may not exceed 5 years. 53.6-12: Modifications - Site specific development plans may be modified upon review and approval of the Planning Director. Minor changes may be approved in the same manner as set forth in Sec. 71-1(9). Major modifications, including additional density bonuses may be approved by the Planning Director or his designee and the TRC when the prerequisite standards are maintained and sufficient additional points accrue to support the request. However, Page 1 5 A-380(8/09) modifications that conflict with small area neighborhood or corridor plans shall not be approved in this manner. Projects that remove components for which density or intensity bonuses have been awarded must modify the plan accordingly and submit for approval. 53.6-13 Exceptional Design District Standards Converted to Points - The following table includes the criteria that shall enable a project to be classified as an Exceptional Design District and allow for the density bonuses herein provided. The first six (6) criteria are required for any project to initially qualify for Exceptional Design review. In addition to the first six criteria, an additional twelve (12) points are required from the remaining ten (10) additional criteria. Planning Director will determine whether criteria are properly met. CORE REQUIREMENTS 1. Smart Location REQUIRED Option 1: Locate project on an infill site Option 2: Locate project on an adjacent site with pre-project connectivity. Option 3: Locate project near existing or planned adequate transit service. Option 4: Locate project near existing neighborhood shops, services, and facilities. 2. Proximity to Water and Wastewater Infrastructure REQUIRED Option 1: Locate project on a site served by existing water and wastewater infrastructure. Replacement of or other on-location improvements to existing infrastructure are considered existing for the purpose of achieving this option. Option 2: Locate project within an area scheduled for water and sewer expansion where verifiable expansion plans can be provided and allocation of capacity can be confirmed with the Cape Fear Public Utility Authority. 3. Significant Species and Ecological Communities REQUIRED Option 1: After consultation with the NC Natural Heritage Program map as found on the New Hanover County online mapping services, no species present or likely to be present that are listed under the federal Endangered Species Act, NC endangered species list or listed in the NC Natural Heritage Program as either Nationally, State or Regionally Significant. Option 2: If initial consultation with the NC Natural Heritage Program map is inconclusive, then a qualified biological scientist performs biological surveys to determine the presence of endangered or significant species or the applicant consults with the NC Natural Heritage Program in Raleigh to receive a State determination. Option 3: If endangered or significant species are found, comply with an approved Habitat Conservation Plan (HCP) under the Endangered Species Act for each species or receive an approved mitigation plan from the NC Natural Heritage Program. Page 1 6 A-380 (8/09) 4: endangered or significant species are found and no approved HCP exists, work Optio f with ropriate authority to create and develop one or develop an approved mitiglan with the NC Natural Heritage Program. 4. Wetland and Water Body Conservation REQUIRED Option 1: Locate project on a site that includes no jurisdictional wetlands, water bodies (including but not limited to intermittent and perennial streams) or land within 100 feet of these areas. Option 2: Locate project such that pre-project jurisdictional wetlands, water bodies (including but not limited to intermittent and perennial streams), and land within 100 feet of such areas shall not experience significant destruction or lasting detrimental effects to water quality or other protected natural resources as a result of new development. Significant destruction shall include the construction, excavation, deposition, of materials in, over or on such land or any work that would affect the course, location, condition, or capacity of the receiving water body. 5. Floodplain Avoidance REQUIRED Option 1: Locate on a site that does not contain any land within a 100-year floodplain. Option 2: Locate the project on an infill site or a previously developed site and comply with the NFIP requirements for developing portions of the site that lie within the floodplain. Option 3: Develop only on portions of the site that are not in a floodplain or on portions that have been previously developed. 6. Stormwater Management REQUIRED implement a comprehensive stormwater management plan for the project that infiltrates and reuses stormwater runoff. Stormwater shall be managed following the principles prescribed in the New Hanover County-City of Wilmington Joint Low Impact Development Manual and will enable a project to use the LID-EZ Spreadsheet Tool. A determination that a project qualifies as a Low Impact Development shall be made by the Technical Review Committee (TRC). ADDITIONAL REQUIREMENTS (MINIMUM OF 12 POINTS FROM THE CRITERIA LISTED Points BELOW IN ADDITION TO THE CORE REQUIREMENTS) 1. Bicycle and Pedestrian Access 2 points Include a pedestrian or bicycle through-connection in at least 90% of any new cul-de-sacs, except where prohibited by topographical conditions. Provide bicycle parking and storage for developments that contain multifamily, retail and commercial development. Provide convenient access and off-site connections to all constructed or planned bicycle and pedestrian infrastructure networks. 2. Housing and Jobs/Commercial Opportunity Proximity 2 points Option 1: Include a residential component equaling at least 30% of the project's total building square footage, and locate and/or design the project such that the geographic center is within a % mile walk distance of pre-project full-time equivalent jobs equal to or greater than the number of dwelling units in the project Option 2: Include a non-residential component equaling at least 30% of the project's total building square footage Page 17 A-380 (8/09) 3. Diversity of Uses 2-4 points include a residential component in the project that constitutes at least 25% of the project's total building square footage and design or locate the project such that at least 50% of the dwelling units are within % mile walk distance of the number of diverse uses in the approved diversity of uses table. At least one use from two of the three diversity of uses list is required. 4. Conservation Management of Habitat or Wetlands 2 points Create a long-term management plan for new or existing on-site native habitats, and/or water bodies and wetlands and their buffers, and create a guaranteed funding source for management. 5. Transit Facilities 4 points Locate development within % mile of an existing or planned transit route. Provide or identify covered and at least partially enclosed shelters, adequate to buffer wind and rain, with at least one bench, at each transit stop. Provide kiosks, bulletin boards, and/or signs devoted to providing local public transit information as part of the project, including basic schedule and route information at each public transit stop within or bordering the project. 6. Certified Green Building 2 points Design, construct, or retrofit one whole residential or non-residential building to be certified through: LEED, NAHB Green Building Standards, North Carolina Healthy Built Homes or Green Globes. 7. Minimum Building Energy Efficiency 4 points For non-residential building, mixed use buildings, and multifamily residential buildings four stories or greater, new buildings must be on average 10% better than ANSI/ASHRAE/IESNA Standard 90.1-2007. For new multifamily residential buildings three stories or fewer and new single-family residential buildings: 90% of new buildings must meet Energy Star criteria. 8. Water Efficient Landscaping 2 points Reduce potable water consumption for outdoor landscape irrigation by limiting turf to 25% or less, incorporating rainwater catchment system(s) such as rain barrels or cisterns into the project, installing drip irrigation and utilizing stormwater for landscape irrigation. 9. Building Orientation 2 points Design the project so that a minimum of 75 percent of the building sites are constructed with the longer dimension of the structure facing 0-30 degrees of south. 10. Affordable Housing 2 points Include a minimum of 15% of the dwelling units as rental and/or for-sale dwelling units priced for households earning below area median income (AMI). Rental units must be maintained at affordable levels for a minimum of 15 years. *No partial points will be awarded. Points will not be awarded on a sliding scale. BONUS AWARDS: Bonus points will accrue after satisfaction of the "Core + 12 points" minimum exceptional criteria above. When the project proposed has established the minimum criteria, any additional points derived from within the elective categories above may be applied toward density or floor area ratio bonuses. Points may not be double counted and no partial points will be awarded. Page 1 8 A-380(8/09) Density bonus shall be awarded at a rate of one (1) additional dwelling unit per acre for each additional point accrued over the minimum exceptional criteria or one tenth (1/10) additional FAR for each two additional points. Diversity of Uses List Use One: Retail Convenience Store Florist Hardware Store Pharmacy Supermarket Miscellaneous retail Use Two: Services Bank Coffee Shop Hair care Health club Laundry/dry cleaner Medical/dental office Restaurant offices for private business and professional activities Use Three: Civic/Community Facilities Child care (licensed) Civic/community center Place of worship in a building Police/fire station Post office Public library Public park School Senior care Social services facility Diversity of Uses Table Number of Uses Points Earned 2 2 Page 19 A-380 (8/09) 3-5 3 6 or more 4 Associated Technical Standards for Section 53.6 of the New Hanover County Zoning Ordinance, Exceptional Design Zoning District Definitions In ill Site is defined as a site where at least 75% of the perimeter of the property borders parcels that have been previously developed. Previously Developed is defined as a site having pre-existing impervious coverage that would typically have required regulatory permitting to have been initiated. Requirement 1: Smart Location Pre-project connectivity may be met when connectivity is present of at least 150 intersections/sq. mile within a half circle radius centered on the midpoint of the adjacent portion of the project perimeter. The radius of the half circle must be'/ mile, or the length of the adjacent portion of the perimeter, whichever is longer; and if the project contains streets, its connectivity cannot be less than the connectivity of the surrounding area measured within the half circle; and design and build the project with at least one through street and/or non-motorized right of way intersecting the project boundary at least every 800 feet. Existing or planned adequate transit service: At least 50% of dwelling units and business entrances within the project must be located within % mile walk distance of existing or planned bus transit stops. Location of project near existing neighborhood shops, services, and facilities: The project boundary must be within % mile walk distance of at least five (5) or within % mile walk distance of at least seven (7), of the diverse uses in the Diversity of Uses List in Section 53.6 of the Ordinance. Uses must include at least one use from each of the three diverse use categories with the following limitations: a) uses may not be counted in two categories, e.g. a school or place of worship may be counted only once even if it also contains a daycare facility; b) a mixed use building containing several uses as distinctly operated enterprises with separate exterior entrances may count each as a separate use, but no more than half of the minimum number of diverse uses can be situated in a single building or under a common roof; c) a single retail store of any type may only be counted once even if it sells products associated with multiple use types. Requirement 3• Significant Species and Ecological Communities The Natural Area Inventory for New Hanover County shall be found on the New Hanover County Planning Department's website. The Inventory was designed to identify the highest quality natural areas and natural communities in New Hanover County. Only Significant species are determined to be regulated under this requirement. Page 1 10 A-380 (8/09) Requirement 6: Stormwater Management The New Hanover County-City of Wilmington Joint Low Impact Development Manual shall be downloaded from the New Hanover County Planning website. In order to meet this requirement, a determination that the project is in fact a Low Impact Development project, must be made by the County's Technical Review Committee (TRC). Representatives from the project are encouraged to meet with County Planning and Engineering staff prior to submittal of the project to the County's TRC. Additional Requirement 1: Bicycle and Pedestrian Access Bicycle Storage for Multifamily Residential: In order to meet this requirement, the project must provide secure bicycle racks on-site with at least one bicycle space per ten (10) dwelling units and no fewer than four (4) spaces per project site. Bicycle Storage for Retail: The project must provide secure visitor, customer and/or employee bicycle racks on site, with at least one bicycle space per 5,000 square feet of retail space, but no fewer than one bicycle space per business or four bicycle spaces per project site, whichever is greater. Bicycle Storage for Commercial Non-Retail: The project must provide secure employee and/or visitor bicycle racks on-site with at least one bicycle space per 10,000 square feet of commercial non-retail space but not fewer than four bicycle spaces per building. Additional Requirement 4• Conservation Management of Habitat or Wetlands Long-term management plan -This plan must be at least ten (10) years and include biological objectives consistent with habitat and/or water resource conservation. The plan should identify the following: a) procedures for maintaining the conservation areas and personnel to carry out those procedures, and b) estimated implementation costs and funding sources. Additional Requirement 6: Certified Green Building Building certification must be completed by the applicable program's third party certification program (i.e.: NAHB Green Building Certification must be conducted through the local NAHB certification program). Additional Requirement 7• Minimum Building Energy Efficiency For non-residential or mixed-use buildings, projects may document their building energy efficiency by producing a LEED for New Construction energy model demonstrated by a whole building project simulation using the Building Performance Rating Method in Appendix G of ANSI/ASHRAE/IESNA Standard 90.1-2007. For multifamily residential buildings, projects may demonstrate compliance with Energy Star criteria either through the prescriptive requirements of a Builder Option Package, Home Energy Rating System (HERS) index, or a combination of the two. Energy Star certification is to be conducted by a 3rd party verification process. Page 1 11 SUP Book.. /V Page Z • I COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Telecommunication Tower up to 90 feet in height in an R-15 Residential Zoning District S-595, 10/09 The County Commissioners for New Hanover County having held a public hearing on November 2, 2009 to consider application number S-595 submitted by Nexsen Pruet Law Firm on behalf of New Hanover County School Board and American Tower Company for a special use permit to locate a telecommunication Tower for AT&T Communications in a R-15 Residential District at 225 Mabee Way, 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, acting within the limitations set out in NCGS 153A-349.52 for regulating wireless facilities, FIND AS A FACT that, based on the findings in the record and agreed to by the applicant, all of the specific requirements set forth in Sections 71-1 and 69.17 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached site plan and the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as the proposed and approved site plan, 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 2°d day of November, 2009. OvNTY.N G t O O n c _r .F,TABI icHED ~~'1 Ted Davis, Jr., Chai an Attest: ')~u Sheila L. Schult, Clerk to t e Board S-595 Page I of I SUP Book V Page -119• Z COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Telecommunication Tower up to 140 feet in height in an R-15 Residential Zoning District S-596, 10/09 The County Commissioners for New Hanover County having held a public hearing on November 2, 2009 to consider application number S-596 submitted by Nexsen Pruet Law Firm on behalf of Marvin Congleton and American Tower Company for a special use permit to locate a telecommunication Tower for AT&T Communications in a R-15 Residential District at 1300 Big Cypress Drive, 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, acting within the limitations set out in NCGS 153A-349.52 for regulating wireless facilities, FIND AS A FACT that, based on the findings in the record and agreed to by the applicant, all of the specific requirements set forth in Sections 71-1 and 69.17 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached site plan and the following conditions: A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use, as well as the proposed and approved site plan, 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 2°a day of November, 2009. 0 11 w\TV . 10 Ted Davis, Jr., Chai n Attest: Sheila L. Schult, Clerk to the oard S-596 Page 1 of I