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2006-05-01 RM Exhibits K..fr 30.2. I NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road( s) Description: Linden Ridge Road, Delham Court, Breeland Court, Talamore Court, Alder Ridge Road, Heddingham Lane and Pleasant Dale Drive in Linden Ridge Subdivision (Div. File No: 1082-N) WHEREAS, a petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described road(s), the location of which has been indicated on a map, be added to the Secondary Road System; and WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s) should be added to the Secondmy Road System, if the road(s) meets minimum standards and criteria established by the Division of Highways of the Department of Transportationfor the addition of roads to the System. NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover that the Division of Highways is hereby requested to review the above described road(s), and to take over the road(s) for maintenance if they meet established standards and criteria. CERTIFICATE The foregoing resolution was duly adopted by the Board of Commissioners of the County of New Hanover at a meeting on the 18t day of May, 2006. ~fu~TNESS ~ \ my hand and official seal this the ,2006. d. 'tIa day of ~\.\ \. ~~"'Ji. Sheila L. Schult, Clerk to the Board New Hanover County Board of Commissioners Fonn SR-2 Please Note: Forward directly to the District Engineer, Division of Highways. resolute.wp "K-14- 3D. 2. ~ PROCLAMATION BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS FOSTER CARE AWARENESS MONTH WHEREAS, in the United States there are approximately 518,000 children of all ages in foster care and over 300 children from New Hanover County residing in foster homes, group homes and hospitals; and WHEREAS, it is the goal of this community to provide these children with safe, stable and nurturing family environments; and WHEREAS, foster parents come in all shapes, sizes, races and colors; some foster parents are professionals and some are professional foster parents for special needs children; and WHEREAS, society turns more and more to family foster homes to nurture the bodies and spirits of children while social workers guide the parents to overcome their problems and deficiencies to provide safe, permanent homes for the children to return to; and WHEREAS, foster parents frequently adopt their foster children, which results in a continual need for more foster families; and WHEREAS, May is singled out as Foster Care Awareness Month to publicly recognize the tremendous contribution made by foster parents to the child welfare system and to the lives of children in that system. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2006 be designated as FOSTER CARE AWARENESS MONTH and that the citizens of New Hanover County are encouraged to thank all foster mothers and fathers for their commitment of time and talent to these precious children. Adopted this, the 1st day of May 2006. WIJ~ Robert G. Greer, Chairman Attest: ~ ~,\\~ '-. ~~\J'\~ Sheila L. Schult, Clerk to the Board 'I 1 Kfr 30. Z. 3 PROCLAMATION BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS MENTAL HEAL TH AWARENESS MONTH WHEREAS, mental health is essential to everyone's overall physical health and emotional well being; and WHEREAS, mental illness will strike one in five adults and children in a given year regardless of age, gender, race, ethnicity, religion or economic status; and WHEREAS, people who have mental illness can recover and lead full, productive lives; and WHEREAS, an estimated two-thirds of adults and young people with mental health disorders are not receiving the help they need; and WHEREAS, the cost of untreated and mistreated mental illness and addictive disorders to American businesses, governments and families has grown to $113 billion annually; and WHEREAS, appropriate mental health care, with support from community agencies is the goal of New Hanover County; and WHEREAS, the Mental Health Association in North Carolina and its partners observe Mental Health Month every May to raise awareness and understanding of mental health and illness. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2006 be recognized as MENTAL HEALTH AWARENESS MONTH and that the Board calls upon the citizens, government agencies, public and private institutions, businesses and schools in New Hanover County to recommit our community to increasing awareness and understanding of mental health and the need for appropriate and accessible services for all people with mental illnesses. Adopted this, the 1st day of May 2006. WIJ~ Robert G. Greer, Chairman Attest: ~~\\~ ~- ~~I\~ Sheila L. Schult, Clerk to the Board K 1:k 30 . 2...l.f- PROCLAMA TION BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS BICYCLE AWARENESS MONTH WHEREAS, the New Hanover County Board of Commissioners is committed to the promotion of safe and convenient bicycling exercise, transportation and recreation; and WHEREAS, New Hanover County is committed to promoting the safe use of bicycles on the County's roads, bike routes and trailways; and WHEREAS, education about bicycle safety and maintenance will encourage children and adults to operate their bicycles in a safe manner on all bicycle and shared access facilities; and WHEREAS, the New Hanover County Board of Commissioners is committed to alleviating traffic congestion and ensuring a clean and healthy environment; and WHEREAS, a bike friendly community is committed to: l. Good roads: Streets that can be shared by bikes and cars safely and conveniently. 2. Bicycle paths and trails: Paved and unpaved routes where youth and casual riders can bicycle comfortably and safely. . 3. Safety conscious bicyclists: Educated and experienced riders of all ages, who share the road safely and confidently, obeying all traffic regulations. 4. Safety conscious motorists: Drivers who are alert to bicyclists and share the road with them. 5. Well-planned neighborhoods: Neighborhoods that are conveniently linked to promote bicycle travel between homes, schools, stores, libraries, recreational and sport facilities, churches, beaches, and workplace destinations. Traffic regulations and other controls that calm traffic in residential areas and other areas frequented by children on bicycles. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2006 be designated as BICYCLE AWARENESS MONTH and that the citizens of New Hanover County are encouraged to participate in the bicycle month activities. Adopted this, the 1st day of May 2006. 1?tJ1J~ Robert G. Greer, Chairman Sheila L. Schult, Clerk to the Board Attest: ~~\n- L ~a.\IL\A 'R.-kl 30. 2...5" AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF NEW HANOVER COUNTY The Board of Commissioners of New Hanover County, North Carolina, does hereby ordain that Chapter 5, Animals, is hereby amended as follows: 1. Amend existing Section 5-61, Definitions, to read: Severe Injwy means any physical injury that result III medical treatment exceeding the cost of $250.00. 2. Amend existing Section 5-65, Violation of Conditions; Euthanization to read: (a) Animal Control Services may take possession of any dog concerning whom it has cause to believe an owner has violated Section 5-64. For this purpose, the requirement for sufficient cause shall be satisfied if an officer observes the violation or if Animal Control Services obtains an affidavit setting forth the violation. In the event that a dog which has been determined dangerous or potentially dangerous receives a final determination that the conditions imposed pursuant to Section 5-64, the dog must be surgically sterilized. An owner who violates Section 5-64 in a willful or negligent manner may be found by the committee to have forfeited all rights or ownership of the dog; and upon final determination of such violation, the dog may be humanely euthanized by Animal Control. 3. Add a new definition to Section 5-4, Definitions, to be placed after the definition for neutered male: Outside enclosure means a pen large enough to provide each dog less than 25 pounds with a kennel of at least 8 x lOin size, and each dog 25 pounds or greater with a kennel of lOx lOin size. Animal Control Services reserves the right to detennine if a space is considered suitable for the number and size of dogs housed in an outdoor enclosure. 4. Amend existing Section 5-4, Definitions to read: Restraint means the state of a dog if it is controlled by means of a leash, or is on or within a vehicle being driven or parked, or is within a secure enclosure. Exceptions to restraint are as follows: Organized and lawful dog functions; e.g., hunting, obedience training, field and water training, law enforcement training and/or in the pursuit of working or competing in those legal endeavors. A dog shall be maintained securely on the property of its owner. Ropes, chains and the like shall not constitute adequate security under this Chapter. 5. Add a new Section 5-27 to read: Section 5-27 Proof of Sterilization of Animals Adopted in New Hanover County: Any group, organization, or entity offering animals for adoption in New Hanover County must provide proof of sterilization for every animal prior to adoption. Except as specifically referenced herein, the existing provisions of Chapter 5 shall remain unaltered, in full force and effect. This the 1tX" day of May, 2006 NEW HANOVER COUNTY By: 6?#)j~ Robert G. Greer, Chairman ~ \~~o. '-~ ~ Ju. \.\. Sheila L. Schult Clerk to the Board z..d2-CH :l..4-.5"" AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA CASTLE HAYNE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1985 CASE: Z-833, 04/06 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area Castle Hayne is hereby amended by removing the hereinafter described tract from the R -15 Residential Zoning District Classification and placing it in the B-2 Highway Business District Classification, said land being described as follows: Property located at 4007 Holly Shelter Road in the Community of Castle Hayne, containing approximately .069 acres or 20' x 150' which includes the Holy Shelter Road right of way fronting the property, Tax Parcel Identification Number RO 1113-004-003-000 and recorded in the New Hanover County Register of Deeds in Book 48, Page 150. An exhibit of the rezoning is attached. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area Castle Hayne on file in the office of the County Commissioners, so as to make it comply with this ordinance Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption Adopted the 1 st day of May 2006. Attest: !JlJJA.L Robert G. Greer, Chairman ~~~~L~~\ Sheila Schult, Clerk to the Board 2. 13 I s~ If . 1 t.t- 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-837, 04/06 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 Residential Zoning District Classification and placing it in the CD (B-l) Neighborhood Business District Classification, located at 6215 Carolina Beach Road said land being described as follows: Beginning at a point in the eastem boundary of Carolina Beach Road (U.S. Highway 421), a l60' public right-of-way; said point also being the northwestem comer of Tract A, of a survey for Steven K. Coates et al, recorded among the land records of the New Hanover County Registry in Map Book 39, at page 284; and rmming thence South 67017'09" East, 639.65 feet to a point; thence South 20035' 10" West, 99.25 feet to a point; thence, South 71019' 11" East, 54.87 feet to , a point; thence South 17000' l2" West, lOO.06 feet to a point; thence North 67007'23" West, 607.88 feet to a point in the eastem boundary of Carolina Beach Road; thence with that right-of- way, North 02040'00" West, 216.67 feet to the point and place of beginning, containing 2.81 acres, more or less. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area 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, NorthCarolina, and shall be in full force and effect from and after its adoption Adopted the l5( day of May 2006. Attest: ~~ Robert G. Greer, Chaimlan ~~t. "-~Il\ Sheila Schult, Clerk to the Board "2"B J ~ 'f - '15' 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, 1972 CASE: Z-836, 5/06 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 partial tract from the R-l5 Residential Zoning District Classification and placing it in the B-2 Highway Business Zoning District Classification, said land being described as follows: Beginning at a point in the southwestern boundary of Carolina Beach Road (U.S. Hwy. 421), a 100' public right-of-way; said point being located southeast along the right-of-way 404.94 feet from its intersection with the southeastern boundary of Silver Lake Road, a 110' public right-of-way; also being the southeastern corner of Lot 16, Section "A", Silver Lake, as recorded among the land records of the New Hanover County Registry in Map Book 4, at Page 106; and running thence from the point of beginning, South 55026' West, 226.55 feet to a point; thence, South 34024' East, 100.00 feet to a point; thence North 55026' East, 226.55 feet to a point in the southwestern boundary of Carolina Beach Road; thence with that right-of-way, North 34024' West, 100.00 feetto the point and place of beginning, containing 22,655 square feet, or 0.52 acres, more or less. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map Area 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 Adopted the 1 st day of May 2006. Attest: ~~j\CI> \ ~~ \I~\\ Sheila Schult, Clerk to the Board 1l,UfJ~ Robert G. Greer, Chairman 2.. 8 I See. 3 . 10 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No.3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED May 18, 1970 CASE: Z-838,5/06 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section l. The Zoning Map of Zoning Area No.3 is hereby amended by removing the hereinafter described tracts from the R-20S Residential Zoning District Classification and placing them in the CD (R-15) Residential Zoning District Classification, said land being described as follows: Parcell: BEGINNING AT THE INTERSECTION OF THE SOUTHERN RIGHT OF WAY LINE OF MASON LANDING ROAD (60' PUBLIC RJW), AND THE EASTERN RIGHT OF WAY LINE OF TURNER NURSERY ROAD (SR 1406, 40' PUBLIC RJW). THENCE, FROM SAID BEGINNlNG POINT, ALONG AND WITH SOUTHERN RIGHT OF WAY OF MASON LANDING ROAD, NORTH 87 DEGREES 01 MINUTES 33 SECONDS EAST 283.79 FEET TO AN EXISTING IRON PIPE, THENCE CONTINUING ALONG SAID RIGHT OF WAY, NORTH 87 DEGREES 10 MINU1ES 08 SECONDS EAST 65.27 FEET TO AN EXISTING IRON PIPE, TIIENCE CONTINUING ALONG SAID RIGHT OF WA YNORTH 86 DEGREES 51 MINUTES 38 SECONDS EAST 170.46 FEET TO A POINT, SAID POINT ALSO BEING LOCATED SOUTH 74 DEGREES 44 MINUTES 2S SECONDS WEST 129.48 FEET FROM A RAILROAD SPIKE LOCATED IN THE CENTER LlNE INTERSECTION OF MASON LANDING ROAD WHERE IT TAKES A NORTHERLY TURN. TIIENCE SOUTH 47 DEGREES 03 MINUTES 35 SECONDS EAST 1089.26 FEET TO A RED STONE. THENCE SOUTB: 34 DEGREES 37 MINUTES ]0 SECONDS WEST 73.82 FEET TO A POINT. THENCE SOUTH 49 DEGREES 16 MlNUTES 20 SECONDS EAST 469.00 FEET TO A POINT IN THE INTRA-COASTAL WATERWAY. THENCE SOUTH 36 DEGREES 36 MINUTES 54 SECONDS "WEST 99.94 FEET TO A POINT IN THE WATERWAY. THENCE NORTH 47 DEGREES 55 MINVTES 42 SECONDS WEST 466.80 FEET TO A POINT. THENCE NORTH 46 DEGREES 50 MINUTES 42 SECONDS WEST 499.98 FEET TO AN OLD STONE. THENCE NORTH 36 DEGREES 55 MINUTES 51 SECONDS WEST 17.98 FEET TO A POINT. THENCE SOUTH 53 DEGREES 12 MINUTES 10 SECONDS WEST 81.19 FEET TO A POINT. THENCE SOUTII 53 DEGREES 03 MINUTES 20 SECONDS WEST 216.89 FEET TO AN EXISTING !tON PIPE. THENCE CONTINUING THE SAME COURSE 19.85 FEET TO AN IRON PIPE SET IN fHE EASTERN RIGHT OF WAY OF TURNER NURSERY ROAD. THENCE ALONG AND WITH THE EASTERN RJW OF SAID ROAD, NORTH 35 DEGREES 55 MINUTES 19 SECONDS WEST 286.74 FEET TO AN IRON PIPE SET, SAID IRON PIPE ALSO BEING LOCATED NORTH 50 DEGREES 54 MINUTES 11 SECONDS EAST 19.07 FEET FROM A RAILROAD SPIKE IN mE CENTERLINE OF SAID ROAD. THENCE ALONG AND WITH SAID RIGHT OF WAY, NORTH 41 DEGREES 04 MINUTES 17 SECONDS WEST 355.64 FEET TO A DOT R1W MONUMENT. THENCE ALONG AND WITH SAID RIGHT OF WAY NORTH 46 DEGREES 19 MINUTES 57 SECONDS WEST 26534 FEET TO THE POINT OF BEGINNING. CONTAIN.lNG 10.07 A.CRES. Parcel 2: Z-838 Page 1 of 2 C011l\1ENCE AT THE INTERSECTION OF THE SOUTHERN RIGHT OF WAY LINE OF MASON LANDING ROAD (60' PUBLIC RlW), AND THE EASTERN RIGHT OF WAY LlNE OF TURNER NURSERY ROAD (SR 1406, 40' PUBLIC R/W). THENCE SOUTH 87 DEGREES 27 MINUTES 04 SECONDS WEST 57.62 FEET TO A DOT RlW MONUMENT AT THE INTERSECTION OF SOUTHERN R!W OF MASON LANDING, AND WEST RfW OF WRNER NURSERY ROAD. THENCE ALONG AND WITH WESTERN RfW OF TURNER NURSERY ROAD SOUTH 46 DEGREES 37 MINUTES 37 SECONDS EAST 303.82 FEET TO A DOT RJW MONUMENT IN THE WESTERN RIW OF TURNER NURSERY ROAD. THENCE ALONG AND WITH SAID R/W SOUTH 41 DEGREES 04 MINUTES 17 SECONDS EAST 90.80 FEET TO THE POINT OF BEGINNING. THENCE FROM SAID POINT OF BEG1NNlNG SOUTH 41 DEGREES 04 MINUTES 17 SECONDS EAST 260.76 FEET TO A DOT R)W MONUMENT. SAID RIW MONUMENT ALSO BEING LOCATED SOUTH 52 DEGREES 02 MINUTES 56 SECONDS WEST 20.98 FEET FROM A RAILROAD SPIKE IN THE CENTERLlNE OF TURNER NURSERY ROAD. THENCE SOUTH 35 DEGREES 55 MINUTES 19 SECONDS EAST 87.64 FEET TO AN IRON PIPE SET. THENCE, SOUTH 53 DEGREES 49 MTh1UTES 13 SECONDS WEST 168.20 FEET TO AN EXISTING IRON PIPE, THENCE. NORTH 41 DEGREES 51 MINUTES 42 SECONDS WEST 334.76 FEET TO AN EXISTING IRON PIPE. THENCE, NORTH 49 DEGREES 15 !v11NUTES 18 SECONDS EAST 180.07 FEET TO THE POINT OF BEGINNING. CONTAINING 1.39 ACRES MORE OR LESS, AND BEING TIIE SAME AS DESCRIBED 1N DEED BOOK 4959 PAGE 2639 OF THE NEW HANOVER COUNTY REGlSTRY. ~ectio~ 2.. The County Clerk is hereby authorized and directed under the supervision of the County omm~ss~oners to Change th~ Zoning Map Area No.3 on file in the office of the Count CommlsslOners, so as to make It comply with this ordinance. y Sfectiohn 3. Afl~y ~rdinance or any part of any ordinance in conflict with this ordinance to the extent o suc con lct, IS hereby repealed. ' Section 4. T~is or~inance is adopted in the interest of public health, safety, morals and aeneral welfare of the mhabItants of the County of New Hanover, North Carolina and shall be' f II f, and effect from and after its adoption ,m u orce Adopted the 1 st day of May 2006. Attest: 1lJ1~ Robert G. Greer, Chairman ~~~rA ~ ~\lA\~ ~ . - Sheila Schult, Clerk to the Board Z-838 Page 2 of 2 -SLAP tf.S". 1 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT To Locate a Retail Nursery, Garden Shop, and Gift Shop in a CD (B-1) Neighborhood Business District Z-83 7, 04/06 The County Commissioners for New Hanover County having held a public hearing on May 1, 2006 to consider application number Z-837 submitted by L & D Contracting for a special use pennit to locate a Retail Nursery, Garden Shop, and Gift Shop in a Conditional Use (CD) B-1 Neighborhood Business Zoning District located at 6215 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: l. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72-27 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 Conunissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property currently has a well and septic tank. B. All of the property is located outside a 100-year flood area. C. Access to the property is from US 421 Carolina Beach Road D. Fire Service is available from the Myrtle Grove VFD 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. A retail nursery is a permitted use-by-right in a B-1 Neighborhood Zoning District. B. The site plan shows the street yard, but not the necessary amount of plant material required, which is 13 3-inch caliper shade trees and 78 12-inch shrubs. C. Parking requirements are met in the site plan submitted. D. The site plan does not show the existing signage to determine compliance with the zoning ordinance. E. The existing structure meets the minimum setbacks, but the enclosed porch violates the front setback requirements. F. The site plan shows a fence along the property lines, but does not meet the buffer requirements for abutting residential districts. 1 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 commercial uses nearby. B. The nursery operated as a wholesale nursery for more than 20 years. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general confonnity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2006 Land Use Plan Update identifies this area as Transition, no additional structures are proposed. B. Several other B-1 CD zoning districts exist further south along Carolina Beach Road. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BEGRANTED subject to the following conditions: A. The applicant must meet all of the zoning requirements for New Hanover County and correct any current violations. Ordered this 1 st day of May 2006 Attest: ~.~ Robert G. Greer, Chairman ~\',\~ ~_~~~Il)\- Sheila Schult, Clerk to the Board ..5 L-l P [\} . 5". ~ COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For 25 residential units in a CD(R-15) Zoning District Z-838, 04/06 The County Commissioners for New Hanover County having held a public hearing on May 1, 2006 to consider application number Z-838 submitted by Mason Landing Yacht Club, LLC for a special use permit, companion to the conditional rezoning request, to locate a twenty-five (25) residential units in a CD(R-15) Residential District located at 2029 Turner Nursery 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 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property has county sewer and private utility water service. B. The subject property along the boat basin is located within a lOO-year flood area. C. Access to the marina will be from Mason Landing Road via Middle Sound Loop Road. D. Fire service is available from Ogden Fire Department. 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 site plan shows twenty-five (25) residential units, the maximum number allowed under the performance residential in an R-15 Residential zoning district. B. The amount of recreational space is 2.7 acres. C. The amount of impervious surface is 24.9%. D. The residential parking requirement is satisfied on the site plan. E. No buffering is required. 4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. No evidence has been presented that this project will decrease property values of nearby uses. B. The land use on this property has been a commercial marina within a residential district for 23 years. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The 2005 CAMA Land Use Plan update identifiees this area as Conservation and Watershed Resource Protection. B. Residential development at this density occurs frequently throughout the Middle Sound area. 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: Ordered this 1st day of May, 2006 (JdM- Robert G. Greer, Chairman Attest: ~\~ L~0\~ Sheila L. Schult, Clerk to the Board .suP +.5"".3 COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Commercial Marina in a CD(R-15) Zoning District 8-556, 05/06 The County Commissioners for New Hanover County having held a public hearing on May 1, 2006 to consider application number S-556 submitted by Mason Landing Yacht Club, LLC for a special use permit to locate a commercial marina facility in a R-15 Residential District located at 2029 Turner Nursery 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 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property has county sewer and private utility water service. B. The subject property along the boat basin is located within a lOG-year flood area. C. Access to the marina will be from Mason Landing Road via Middle Sound Loop Road. D. Fire service is available from Ogden Fire Department. E. The current commercial marina operates under Special Use Permit No.67, approved in 1973 and amended in 1999. Issuance of this permit will extinguish Special Use Permit No. 67. 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 PACT: A. The marina site plan shows 60 wet slips existing on the property, the same number as proposed for the new special use permit. Under the new permit, twenty-five of the wet slips will be reserved for use by an adjacent residential development. The remaining 35 wet slips will be the commercial component of the marina. B. All lighting shall be contained on site. C. No structures are allowed at the end of the pier. D. The parking requirement for commercial marinas is satisfied on the approved site plan. E. Buffering is required along all property lines abutting residential districts. The prior existing special use permit no. 67 required a buffer along the southern property line extending to the Intracoastal Waterway, and the proposed site plan also provides such buffer. F. Corrective actions noted in the February 16, 2006 letter from the zoning department must be completed. 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 Commjssioners make the following FINDINGS OF FACT: A. Similar type facilities exist m other residential districts in Middle Sound and New Hanover County. B. Some commercial marinas and some community boating facilities have been previously permitted in the Middle Sound area. C. No evidence has been presented that the proposed commercial marina will decrease property values. 5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth general requirement listed in the Ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover county. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The New Hanover County Comprehensive Plan classifies the site as Watershed Resource Protection and Conservation. The purpose ofthe Watershed Resource Protection class is to provide for the preservation and protection of important natural, historic, scenic, wildlife and recreational resources. Policies 3-18 & 19 encourage public access to our estuarine and public rust waters. B. Surrounding land uses include single-family housing. 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. B. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction, then this permit shall become void and of no effect. C. Other: 1) No overhead lighting in the marina area. 2) The entrance sign must meet the current zoning ordinance requirements. Ordered this 1st day of May, 2006 4EfJ.lk Robert G. Greer, Chairman ~\~.\~ '-. ~~ \ Sh~ Shulti, Clerk to the Board ~~\\r.. ~/' AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. lOA OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 1, 1974 CASE: Z-832, 04/06 2. BIL, /D,I4. p~ . '2.. 1 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section l. The Zoning Map of Zoning Area No. lOA is hereby amended by removing the hereinafter described tract from the R-20 Residential Zoning District Classification and placing it entirely in the 0&1 Office & Institutional District Classification, said land being described as follows: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF WILD CAT BRANCH AND THE WESTERN LINE OF A TRACT CONVEYED TO BETHANY PRESBYTERIAN CHURCH (USA) INC. AS RECORDED IN DEED BOOK 2630 AT PAGES 0191-0193 OF THE NEW HANOVER COUNTY REGISTRY; SAID BEGINNING BEING LOCATED NORTH 22 DEGREES l5 MINUTES EAST 332.0 FEET, NORTH 57 DEGREES 26 MINUTES 40 SECONDS WEST 382.65 FEET AND SOUTH 22 DEGREES 15 MINUTES WEST 242.53 FEET FROM THE INTERSECTION OF THE CENTERLINE OF WILD CAT BRANCH AND THE WESTERN RIGHT OF WAY OF CASTLE HAYNE ROAD (U.S. HIGHWAY #ll7 - 60.0 FOOT RIGHT OF WAY); RUNNING THENCE FROM SAID BEGINNING WITH THE WESTERN LINE NORTH 22 DEGREES 15 MINUTES 00 SECONDS EAST 242.53 FEET TO A POINT; RUNNING THENCE WITH THE NORTHERN LINE SOUTH 57 DEGREES 26 MINUTES 40 SECONDS EAST 80.0 FEET TO A POINT; RUNNING THENCE SOUTH 22 DEGREES l5 MINUTES 00 SECONDS WEST 245 FEET MORE OR LESS TO THE CENTERLINE OF WILD CAT BRANCH; RUNNING THENCE WITH THE CENTERLINE OF WILD CAT BRANCH IN A NORTHWESTWARDLY DIRECTION TO THE POINT OF BEGINNING. CONTAINING 19,501 SQUARE FEET MORE OR LESS AND BEING THE WESTERN PORTION OF THE TRACT CONVEYED TO BETHANY PRESBYTERIAN CHURCH (USA) INC. AS RECORDED IN DEED BOOK 2630 AT PAGES 0191-0l93 OF THE NEW HANOVER COUNTY REGISTRY. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to Change the Zoning Map of Zoning Map No.1 OA 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 is: A. Consistent with the purposes and intent of the land classification and associated policies in the 2006 land use plan Adopted the: J .lJtday of May 2006. 1?~~ Robert G. Greer, Chairman ~st\ ~ 2\~'\r~ L, ~JA- Sheila L. Schult, Clerk to the Board " ~}'l'f.:t;~4>': {"'~j~'~'l/. rl ~"'~D ~'" ..c' __.--' '';' '~""'-,' ----~.....,,: ~'.'.~ -"..,'.~~~ ,~<,jdl'.\""