2006-09-05 RM Exhibits
X"B 3D.Q. I
PROCLAMATION
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
FAMILY DAY
SEPTEMBER 25, 2006
WHEREAS, the use of illegal drugs and the abuse of alcohol and nicotine constitute the
greatest threats to the well-being of America's children; and
WHEREAS, surveys conducted by The National Center on Addiction and Substance
Abuse (CASA) at Columbia University have consistently found that the more often
children and teenagers eat dinner with their families the less likely they are to smoke,
drink and use illegal drugs; and
WHEREAS, teenagers who virtually never eat dinner with their families are 72 percent
more likely than the average teenager to use illegal drugs, alcohol and cigarettes; and
WHEREAS, teenagers who almost always eat dinner with their families are 31 percent
less likely than the average teenager to use illegal drugs, alcohol and cigarettes; and
WHEREAS, the correlation between family dinners and reduced risk for teen substance
abuse are well documented; and
WHEREAS, parental influence is known to be one of the most crucial factors III
determining the likelihood of substance abuse by teenagers; and
WHEREAS, family dinners have long constituted a substantial pillar of family life in
America.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that the fourth Monday in September be recognized as
Family Day - A Day to Eat Dinner With Your Childrentm
and that all citizens are urged to recognize and participate in its observance.
Adopted this, the 5th day of September 2006.
14
Robert G. Greer, Chairman
Attest:
~\~\~ '-. ~~\\
Sheila L. Schult, Clerk to the Board
XI?:> 50, <<1.;0
PROCLAMATION
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
FALL LITTER SWEEP 2006
WHEREAS, the North Carolina Department of Transportation organizes an annual fall
statewide roadside cleanup to ensure clean and beautiful roads in North Carolina; and
WHEREAS, the cleanup will take place September 16-30, 2006, and encourages local
governments and communities, civic and professional groups, businesses, churches, schools,
families and individual citizens to participate by sponsoring and organizing local roadside
cleanups; and
WHEREAS, Adopt-A-Highway volunteers, Department of Transportation employees,
Department of Correction inmates and community service workers, local government agencies,
community leaders, civic and community organizations, businesses, churches, schools, and
environmentally concerned citizens conduct local cleanups during LITTER SWEEP and may.
receive certificates of appreciation for their participation; and
WHEREAS, the cleanup will celebrate the 18th Anniversary of the North Carolina Adopt-A-
Highway program and its 6,000 volunteer groups that donate their labor and time year-round to
keep our roadsides clean; and
WHEREAS, the great natural beauty of our state and a clean environment are sources of great
pride for all North Carolinians, attracting tourists and aiding in recruiting new industries; and
WHEREAS, the cleanup will increase awareness of the need for cleaner roadsides, emphasize
the importance of not littering, and encourage recycling of solid wastes; and
WHEREAS, the cleanup will be a part of educating the children of this great state regarding the
importance of a clean environment to the quality of life in North Carolina.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that September 16 - 30, 2006 be recognized as "FALL LITTER SWEEP" in
New Hanover County.
Adopted this, the 5th day of September 2006.
1(~~
Robert G. Greer, Chairman
ATTEST:
~~ \\
':-:>~~~ \.. - ~ ~\ \.
Sheila L. Schult, Clerk to the Board
Xts 3l0.~.3
PROCLAMATION
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
READY NEW HANOVER COUNTY MONTH
2006
WHEREAS, the Atlantic 9cean is half-way through a twenty year periodic cycle of heightened hurricane
activity and September mar~s the middle of hurricane season; and
WHEREAS, in the past five years, North Carolina has been struck by nearly 200 tornadoes, more than 3,000
severe thunderstorms, 14 tropical systems, numerous blizzards, crippling ice storms and intense heat; and
WHEREAS, North Carolina is vulnerable to all types of severe weather and is also at risk for earthquakes,
contagious diseases and terrorism; and
WHEREAS, North Carolina must be ready year-round for natural and man-made disasters that might disrupt
normal daily activity; and
WHEREAS, people should be prepared in their homes, businesses and schools and have a plan for each
location on what to do and where to go if a disaster occurs; and
WHEREAS, citizens should help the elderly and those who cannot help themselves; and
WHEREAS, citizens should include the safety of their pets or livestock in their emergency plans; and
WHEREAS, the state has developed a website, ReadyNC.org and ListoNC.org to help residents with their
emergency preparedness plans; and
WHEREAS, the NC Department of Crime Control and Public Safety, the NC Emergency Management
Association, New Hanover County Department of Emergency Management, Citizen Corps and the US
Department of Homeland Security have collaborated to recognize September as National Preparedness Month
to inform and educate North Carolinians about the importance of being prepared;
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that
the month of September 2006 be recognized as READY NEW HANOVER COUNTY MONTH and that all.
citizens and interested groups are urged to observe the month with appropriate activities that promote citizen
preparedness.
Adopted this, the 5th day of September 2006.
~M~
Robert G. Greer, Chairman
Attest
~\~~ ~. ~~L\.~
Sheila L. Schult, Clerk to the Board
.su.P IV p~ ~.I
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For a Child Daycare for 12 Children in the R-15 Residential District
S-566, 08/06
The County Commissioners for New Hanover County having held a public hearing on September 5, 2006
to consider application number S-566 submitted by Samantha Croom for a special use permit to operate a
child daycare facility for up to 12 children in her home at 7213 Quail Woods Rd. 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 71-1 of the County Zoning Ordinance WILL be satisfied if the property is conducted 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. County water and sewer serve the property.
B. The property accesses Murrayville Road, an identified collector.
C. Fire Service is available from the Wrightsboro Fire Station.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in Section 72-20 ofthe Ordinance; namely that the use meets all required
conditions and specifications. In support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
A. The property is zoned R-15 Residential.
B. Off-street parking requirements of 1 space per employee and four spaces for off-street drop
off and pick up are shown on the plan and meet the requirements of Article VIII of the New
Hanover County Zoning Ordinance.
C. The site plan indicates a parking arrangement to facilitate entrance to and exit from the
property without backing into the right of way.
D. The entire play area is in an enclosed fence with a minimum height of four feet.
E. The applicant states the day care is licensed by the State of North Carolina.
F. No outside on-premises signs are currently in place.
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. Similar type facilities exist in other residential districts in New Hanover County.
B. No evidence has been submitted that this project will decrease property values of residents
who live nearby.
C. No new structures are proposed for the Special Use.
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 2006 Land Use Plan identifies this area as Urban, which provides for continued intensive
development with urban services in place.
B. Policies in the plan support preservation of residential character and quality of life in existing
neighborhoods. Daycare needs are not addressed in the 2006 plan.
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.
Ordered this 5th day of September, 2006
Attest:
/f(JdIJ ~
Robert G. Greer, Chairman
~\:\ \.. ~ \~\\
Shelia L. Schult, Clerk to the Board
ZB2.'tA.50
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No. 9A
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 1, 1972
CASE: Z-846, 8/06
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area No. 9A is hereby amended by removing the
hereinafter described tracts from the R-15 Residential Zoning District and placing them in
the B-2 Highway Business Zoning District Classification said land being described as
follows:
Tract 1 (1736 Castle Hayne Road):
BEGINNING at a point in the Eastern line ofthe Castle Hayne Road as the same was located
on April 26, 1927, at a point opposite a stone now or formerly located in the edge of said
road marking the comer of the J.F. Garrell property said stone being dated 1875, and running
thence South 89 degrees 30 minutes East along the Northern line ofa roadway 430.5 feet to a
stone marked "G.S." in the old Chadwick line; thence North 00 degrees 45 minutes East
along said old Chadwick line 178 feet to another stone marked "O.S."; thence North 80
degrees West 336 feet to another stone marked "O.S." in the Eastern line of the Castle Hayne
Road as the same was located on April 26, 1927; thence along the Eastern line of said Castle
I-Jayne Road in a Southerly direction the following courses and distances to the point of
beginning: South 20 degrees West 79 feet; South 24 degrees West 100 feet and South 27
degrees 30 minutes West 70 feet; the same being the same lands described as three separate
tracts in that deed to 1. L. Herring and wife, Edrie F. Herring, (now both deceased) which is
recorded in Book 429 at Page 440 in the New Hanover County Registry and also being all of
Tracts 1, 2 and 3 as shown on survey made for 1. W. Blake in Cape Fear Township, New
Hanover County, North Carolina, dated April 26, 1927, which was recorded as a part of the
foregoing deed and is found in Book 429 between Pages 440 and 441 in the New Hanover
County Registry, reference to which said deed and map are hereby specifically made for a
more particular description of the lands herein conveyed.
TOGETHER WITH
Tract 2 (1728 C~stle Hayne Road):
Z-846
Page 1 of2
A certain tract or parcel of land lying and being in Cape Fear Township, New Hanover County, NC and being that
tract as described in Deed B,ook 128 at Page 86, records of New Hanover County, NC and being more particularly
described as follows:
BEGINNING on an iron on the eastern right of way of US 117 (60 foot public right of way), said iron being the
southeast corner of the tract as described in Deed Book 128 at Page 86 said iron also being located N 69-15-35 E
48.49 feet from a nail and cap at the intersection of the centerline of US 117 and Glendale Drive (60 foot public right,
of way):
Proceed from said point of beginning and leaving said right of way S 88-31-37 E 187.52 feel 10 an axle, thence S
86-57-50 E 53.84 feet to an iron; thence N 89-00-00 E 50.00 feet to a point; thence S 87-42-00 E 520: 19'feet to a
iron in the center of a Branch; thence with said centerline of branch N 10-12-36 W 11.44 feet to a point; thence N
17-51.23 W 38.58 feet to a point; thence N 21-07-33 W 19,08'feet to a pont; thence N 06-16-58 W 45.21 feet to a
point; thence N 13-46-21 W 46.83 feet to a point; thence N 07"05-06 E 29.38 feet to a point; thence N 00-54.41 E
43.04 feet to a point; thence N 02-50-38 ~ 54.72 feet to a point; thence leaving said centerline of the branch N
82-27-35 W 319.42 feet to an iron; thence S 01-42-35 E 176.64 feet to an old stone; thence S 88-02-25 W 417.35
feet to an iron on the eastern right of way of US 117; thence with said right of way S 25-59-47 W 42.69 feet to a
point; thence S 28-08-24 W 51.32 feet to a point; thence S 29-22-06 W 26.02 feet to the point of beginning and
containing 3.378 acres according to a surVey by Hanover Design Services, PA in July 011995. All bearings are
relative to Map Book 1 at Page 13.
Section 2. The County Clerk is hereby authorized and directed under the supervision of the County
Commissioners to Change the Zoning Map Area No.9A 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 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.
B. Reasonable and in the public interest as an expansion of an adjacent B-2 zoning
district.
Adopted the 5th day of September, 2006.
/f?,tj;j 6i-
Robert G. Greer, Chairman
Attest:
~\:.~ \ - ~~\\
Sheila L. Schult, Clerk to the Board
Z-846
Page 2 of2
StLP 1'/. ~.:L
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A County Fire Station in the R-IO Residential District
S-562, 07/06
The County Commissioners for New Hanover County having held a public hearing on September 5, 2006
to consider application number S-562 submitted by New Hanover County Fire Services for a special use
permit to locate a fire station at 5807 Murrayville 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 71-1 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 NOT 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. Murrayville Road is designated as a collector road in the county's thoroughfare
classification plan.
A. Current Level of Service on Murrayville Road is C & D
B. The site is not within the 100 year floodplain.
C. Locating the fire facility in this vicinity will decrease response time.
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. Setbacks shall be in accordance with Section 52.5 and the Special Highway Overlay District
requirements. The site plan shows a setback of over 200 feet on the east side of the property
and approximately 85 feet on the west side of the property
B. Landscaping, including buffers, shall be in accordance with Section 67
C. Lighting shall be in accordance with 72-28(6)
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 residents
who live nearby.
B. Other fire facilities are located within residential zoning districts in the county.
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 2006 Joint CAMA Plan Update shows land classification as Transition.
B. The area is approximately 1,500 feet from the intersection ofN. College Rd. and Murrayville
Road. Immediately adjacent uses are residential at this time. Cautious site design for the fire
station will help preserve the residential character of the area while allowing for improved
community safety.
C. The vision statement in the 2006 CAMA Plan expresses the need to "adapt to growth as we
preserve the values that make our community a great place to live. . ." Enhancing the
County's ability to improve its emergency response in growing areas of the county would be
consistent with the vision.
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 APPROVED subject to the site plan submitted
and the following additional conditions:
A. Align drive access with Knotty Court.
B. Include low-level lighting in the final site design.
Ordered this 5th day of September, 2006
~LJIJ~
Robert G. Greer, Chairman
Attest:
~~ \. \... ~~\\
Shelia L. Schult, Clerk to the Board
'5 uP (v p~.~. 3
COUNTY OF NEW HANOVER
ST ATE OF NORTH CAROLINA
ORDER DENYING A SPECIAL USE PERMIT
FOI" A Child Daycare fOI" 204 Children in the R-15 Residential District
S-564, 7/06
The County Commissioners for New Hanover County having held a public hearing on July 10, 2006 to
consider application number S-564 submitted by Sharon Walker and Brad Dunker for a special use permit
to locate a child daycare facility for 204 children located at 547 Sanders 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:
I. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 71-1 of the County Zoning Ordinance WILL NOT 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 NOT satisfy the first
general requirement listed in the Ordinance; namely the requirement 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 additional traffic which would be generated by this pa11icular use as proposed at this
site, in light of the current traffic patterns and volume on Sanders Road, and given the
characteristics of Sanders Road, would combine to pose a pub I ic safety hazard
The Commissioners do also find as follows, though they find that such does not warrant a
conclusion other than that found in Paragraph 2.
B. County water and sewer will serve the property.
C. The property accesses Carolina Beach Road, an identified arterial, by Sanders Road an
identified collector.
D. Fire Service is available from the Myrtle Grove Fire Department.
E. The property is not located in a flood hazard area.
F. NCDOT traffic engineering department did not require a Traffic Impact Analysis.
G. The applicant is proposing to voluntarily install a right turn/deceleration lane eastbound
on Sanders Road.
H. Parents may be able to combine trips with the elementary school.
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 propei1y is zoned R-15 Residential.
B. Off-street parking requirements are met according to the requirements of Article VIII of the
New Hanover County Zoning Ordinance.
C. The majority of parking spaces provided on site would be utilized by staff.
D. The entire play area will be within an enclosed fence with a minimum height of four feet.
E. The applicant states the day care will be licensed by the State of North Carolina.
F. The site plan reflects Section 72-20 for sign dimension limits, when located on a collector or
arterial, wh ich cannot exceed a maximum size of 12 square feet (i .e. 3 X 4).
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. Child care facilities exist in other residential districts in New Hanover
County.
B. No evidence has been submitted that this project will decrease property values of residents
who live nearby. .
C. Buffers in accordance with Section 67 of the ordinance are reflected on the site plan.
D. Applicant volunteers to provide low profile lighting in the islands of the parking lot and an
opaque fence on the east side of the property in addition to the vegetative buffer screen.
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 FlNDlNGS OF FACT:
A. The 2006 Land Use Plan Update identifies this area as Urban.
B. Policies in the 2006 Land Use Plan do not address daycare needs.
C. Bellamy Elementary School is located adjacent to the proposed site.
D. An independent site evaluation for the presence of Venus Fly traps observed no plants on this
site.
6. Therefore, becaLlse the County Commissioners conc lude that all of the general and specific cond itions
precedent to the issuance of a special use permit HAVE NOT been satisfied, IT IS ORDERED that
the application for the issuance of a special use permit be DENIED.
Ordered this 5th day of September, 2006
~/J6-
Robert G. Greer,-Chairman
Attest:
~\\\L \ - ~0~IL\~
Sheila L. Schult, Clerk to the Board
'f- 5 ~O. q. cf a.
RESOLUTION OF THE BOARD OF COMMISSIONERS
OF NEW HANOVER COUNTY, NORTH CAROLINA
AUTHORIZING THE EXECUTION AND DELIVERY
OF AN INSTALLMENT PURCHASE CONTRA.CT WITH
BANC OF AMERICA PUBLIC CAPITAL CORP
TO FINANCE THE ACQUISITION OF EQUIPMENT AND OTHER VEHICLES
FOR USE BY NEW HANOVER COUNTY, NORTH CAROLINA AUTHORIZING
THE EXECUTION AND DELIVERY OF RELATED INSTRUMENTS AND
CERTAIN RELATED MATTERS AND MAKING RELATED FINDINGS
BE IT RESOLVED by the Board of Commissioners of New Hanover County (the
"Purchaser") :
Section 1. The Board of Commissioners does hereby find and determine:
a) New Hanover County proposes the financing of the acquisition equipment and
other vehicles as more fully described in the hereinafter mentioned Contract;
b) After consideration, the Board of Commissioners has determined that the most
advantageous manner of financing thereof is by an installment contract pursuant
to Section 160A-20 of the General Statutes of North Carolina, as amended;
c) Pursuant to said Section 160A-20, New Hanover County is authorized to finance
the acquisition of personal property, including fixtures, by installment contracts
that create a security interest in the property financed to secure repayment of the
financing; and
d) Banc of America Public Capital Corp ("Banc of America") has proposed that
Banc of America finance the purchase pursuant to an Installment Purchase
Contract between the Purchaser and Banc of America (the "Contract") and a
related Escrow Agreement between the Purchaser and Banc of America (the
"Escrow Agreement").
Section 2. The Board of Commissioners hereby authorizes and directs the County
Manager, County Attorney, and Finance Director to execute, acknowledge and deliver the
Contract and Escrow Agreement on behalf of the Purchaser in such form and substance as
the person executing and delivering such instruments on behalf of the Purchaser shall find
acceptable. The Clerk to the Board is hereby authorized to affix the official seal of New
Hanover County to the Contract and the Escrow Agreement and attest the same.
Section 3. The proper officers of the Purchaser are authorized and directed to
execute and deliver any and all papers, instruments, opinions, certificates, affidavits and
other documents and to do or cause to be done any and all other acts and things necessary or
proper for carrying out this Resolution and the Contract and the Escrow Agreement.
Section 4. Notwithstanding any provision of the Contract or the Escrow Agreement,
no deficiency judgment may be rendered against the Purchaser in any action for breach of a
contractual obligation under the Contract or the Escrow Agreement and the taxing power of
the Purchaser is not and may not be pledged directly or indirectly to secure any moneys due
under the Contract, the security provided under the Contract being the sole security for Banc
of America in such instance.
Section 5. The Purchaser covenants that, to the extent permitted by the Constitution
and laws of the State of North Carolina, it will comply with the requirements of the Internal
Revenue Code of 1986, as amended (the "Code") as required so that interest on the
Purchaser's obligations under the Contract will not be included in the gross income ofBanc
of America.
Section 6. It is hereby determined and approved that (i) the proceeds of the
Contract shall be used for purchases of equipment and other vehicles, (ii) the maximum
principal amount of the obligations expected to be incurred in connection with such
purchases are $712,000, $1,000,000 and $8,400,000, with 36, 59 and 120 monthly
installments respectively, and (iii) certain proceeds of the Contract be paid to the
Purchaser as reimbursement for the expenditures.
This, the 5th day of September, 2006.
1JJ;6cii-
Robert G. Greer
Chairman, Board of Commissioners
ATTEST:
~\~ "-.~~~\
Sheila L. Schult, Clerk to the Board
2..t32.~R. 33
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No. 8A
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 7,1972
CASE: Z-844, 7/06
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area No. is hereby amended by removing the nereinafter
described tracts from the 1-2 Industrial Zoning District Classification and R-15 Residential
Zoning District Classification and placing them in the CD(R-l 0) Conditional Zoning District
Classification said land being described as follows:
Re: Tract A - 67.19.Acres
A certain tract or parcel ofland lying and being in Cape Fear Townshipt New Hanover
Countyt North Carolina and being part of the Julia Dargan Trask, Elizabeth Carroll Trask
and Mabel Hall Trask tract recorded at book 1468 page 1027 t and being more particularly
described as follows:
Beginning at an iron on the western right of way of U.S. Highway 117(200' public right
of way), said iron is located at the northeastern comer of said Trask tract, said iron is also
located S 14-52-:-58 E 787.25 ft. from N.C. Grid Monument UHampstead 2 (1975)", said
iron further having N.C. Grid Coordinates N=212,889.29 ft., E=2,336,283.75 ft.:
Proceed from said point of beginning and with the western right of way of U.S. Highway
117 and with a curve to the right having a radius of 16901.94 ft. and a chord S 18-13-34
E 1153.69 ft. to an iron, thence leaving said right of way and with the lines of said Trask
tract N 52-41-28 W 977.93 ft. to an iron, thence S 37-00-34 W 999.68 ft. to an iron,
thence N 66-37-06 W 2101.34 ft. to a point, thence an new line N 22-14-37 E 1001.95 ft.
to a concrete monument on the northern line of said Trask tract and at the southeaster
terminus of the Rustic Acres Drive private right of way, thence with the line of the Trask
tract S 63-22-07 E 425.02 ft. to a point, thence S 63-22-07 E 1343.50 ft. to an iron, thence
N 06-41-15 E 731.19 ft. to an iron, thence S 63-38-15 E 199.81 ft. to an iron, thence S
61-24-49 E 718.41 ft. to an iron, thence N 67-04-57 E 100.25 ft. to the point of
beginning and containing 67.19 acres according to a survey by Hanover Design Services,
J>.A. in July and August of2006.
Said tract is subject to a 30' New Hanover County Sewer Easement recorded at book
3137 page 724 and map book 41 page 272.
Z-844
Page 1 of2
Re: Tract B - 40.00 Acres
A certain tract or parcel ofland lying and being in Cape Fear Township, New Hanover
County, North Carolina and being part of the Julia Dargan Tras~ Elizabeth Carroll Trask
and Mabel Hall Trask tract recorded at book 1468 page 1027, and being more particularly
described as follows:
Beginning at a concrete monument on the northern line of said Trask tract, said
monument is located at the southeaster terminus of Rustic Acres Drive (Private). said
monument is located S 82-45-10 W 2385.10 ft. from N.C. Grid Monument "Hampstead 2
(1975)", said monument further has N.C. Grid Coordinates N=213,349.25 ft.
E=2,333,71S.S1 ft.: Proceed from said point ofbegiiming and with a new line S 22-14-
37 W 1001.95 ft. to a point in the southern line of said Trask tract, thence with said
southern line N 66-37-06 W 1505.66 ft. to an iron on the eastern right of way of the
Seaboard Coastline Railroad right of way (130' right of way), thence with said right of
way N 06-17-35 E 1152.80 ft. to an iron,thence with the northern line of said Trask tract,
S 63-28-35 E 1827.26 ft. to the point of beginning and containing 40.00 acres according
to a survey by Hanover Design Services, P.A. in July and August of2006.
Section 2. The County Clerk is hereby authorized and directed under the supervision of the County
Commissioners to Change the Zoning Map Area No. SA 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 ofthe inhabitants of the County of New Hanover, North Carolina, and shall be in full force
and effect from and after its adoption and subject to the companion special use permit S-565 [in
accordance with Section 59.7 of the New Hanover County Zoning Ordinance. See the order grantiilg
S-565 for pertinent findings of fact and conditions of approval associated with this conditional
action. I
Adopted the 5th day of September, 2006.
::;;1J~rdJ-
Robert G. Greer, Chairman
Attest:
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Sheila L. Schult, Clerk to the Board
Z-844
Page 2 of2
..:s u P /1/. ~, l/
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Performance Residential Development in CD(R-IO) Zoning District
S-565, 8/06
The County Commissioners for New Hanover County having held a public hearing on September 5, 2006
to consider application number S-565 submitted by Dominion Land Corporation for a special use permit
to locate a Performance Residential development in a CD(R-lO) Residential District approved under
companion action Z-844, said proposal being located on N. College Road in the vicinity of Parmele 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:
I. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 71-1 and Secion 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. County water and sewer are accessible for the property.
B. Sewer capacity is currently limited in the northern portion of the county.
C. The primary property access is from N. College Road, an identified arterial.
D. Fire Service is available from the Wrightsboro Fire Station.
E. The property is not located in a flood hazard area.
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 property is zoned R-15 Residential and 1-2 Industrial. This request is made concurrent
with Z-844 for conditional rezoning to CD(R-l 0) Residential.
B. Off-street parking must meet the requirements of Article VIII ofthe New Hanover County
Zoning Ordinance.
C. Traffic circulation must meet the standards and requirements of the subdivision ordinance.
D. A traffic impact analysis has been provided which indicates a slight reduction in resultant
traffic if developed according to the proposed plan.
E. The site plan indicates connectivity to Parmele Road via Saddlebrook Dr., Plumtree Lane,
and Creekstone Lane.
F. Buffer of 13 acres will be provided between the residential use and the County Jail property.
G. Trees must be protected as required in Section 67 ofthe zoning ordinance.
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
residents who live nearby.
B. Stormwater management must perform in compliance with the requirements ofthe
County ordinance.
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 2006 Land Use Plan identifies this area as Aquifer Resource Protection, which allows for
urban densities where public water or sewer is available.
B. Policies in the plan support preservation of residential character and quality of life in existing
neighborhoods. Adjacent neighborhoods to the north are zoned R-15.
6. Therefore, because the County Commissioners conclude that all ofthe 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. Conform to the recommendations ofthe traffic impact analysis, as reviewed and approved by
the MPO and NCDOT.
B. Include wetlands identified on the site plan in a conservation easement.
Ordered this 5th day of September, 2006
Attest:
Robeli G. Greer, Chairman
~\..\.. '-- ~~\
Sheila L. Schult, Clerk to the Board
)CB 30,9. '-\- b
RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW
HANOVER COUNTY, NORTH CAROLINA DIRECTING THE FILING
OF AN APPLICATION WITH THE LOCAL GOVERNMENT
COMMISSION OF NORTH CAROLINA FOR . APPROVAL OF A
FINANCING CONTRACT AUTHORIZED BY GENERAL STATUTE
160A-20 IN AN AMOUNT NOT TO EXCEED $10,112,000 AND CERTAIN
RELATED MATTERS AND MAKING RELATED FINDINGS
WHEREAS, the Board of Commissioners (the "Board") of New Hanover County, North
Carolina (the "County") has decided to use an installment purchase contract to finance the costs
associated with the acquisition of certain equipment and vehicles for use by New Hanover County,
including (i) 800 MHz system and related equipment, (ii) CISCO telephone system and related
equipment, (iii) landfill compactor (collectively, the "Project");
WHEREAS, the Board desires to authorize the County Manager, the Finance Director
and the County Attorney of the New Hanover County to apply to the Local Government Commission of
North Carolina (the "LGC") for its approval of the financing contract in an amount not to exceed
$10,112,000 (the "Contract"), the proceeds of which will be used to (a) finance the costs of the Project,
(b) reimburse the County for expenditures already incurred since the inception of the equipment
purchases.
WHEREAS, financing pursuant to General Statutes 160A-20 must be approved by the
LGC and will only be approved if the finding of General Statues 159-151 (b) are met; and
WHEREAS, it is anticipated that the LGC will approve the Project and the financing
thereof contemplated hereby at its meeting on October 3,2006: and
WHEREAS, it has been presented to the Board substantially final forms the installment
financing Contract between the County and Bane of America in the principal amount not to exceed
$10,112,000;
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of New
Hanover County, as follows:
Section 1. That the County Manager, the Finance Director and the County Attorney
of New Hanover County are hereby authorized, directed and designated to file an application with the
Local Government Commission for its approval of the financing contract.
Section 2. That the Board finds and determines and asks that the Local Government
Commission find and determine from New Hanover County's application and supporting documentation:
(a) The proposed contract is necessary and expedient.
(b) The proposed contract is preferable to a general obligation bond issue for the
same purpose because of the particular needs to be financed, the short term
nature of the financing, the aggregate volume of financing to be accomplished
and the desirability of having the alternative financing structures and repayment
provisions possible in the proposed negotiated installment financing.
(c) The cost of the proposed undertaking exceeds the amount of funds that can be
prudently raised from currently available appropriations, un-appropriated fund
balances, and non-voted general obligation bonds that could be issued by New
Hanover County in the fiscal year pursuant to Article V, Section 4, of the North
Carolina Constitution. The Project is non-revenue producing so revenue bonds
are not an option.
(d) The cost of financing under the proposed Contract is not greater than the cost of
issuing general obligation bonds.
(e) The sums to be provided under the Contract are adequate and not excessive for
the stated purpose.
(f) New Hanover County's debt management procedures and policies are good and
have been carried out in strict compliance with law and will henceforth be so
carried out.
(g) Any increase in taxes necessary to meet the sums estimated to fall due under such
proposed installment financing Contract will not be excessive.
(h) New Hanover County is not in default in any of its debt service obligations.
(i) The attorney for the County has rendered an opinion that the proposed Project is
authorized by law and is a purpose for which public funds may be expended
pursuant to the Constitution and laws ofthe State of North Carolina.
Section 3. The Chairman and Vice-Chairman of the Board, the County Manager,
the County Attorney, the Finance Director, and the Clerk to the Board are hereby authorized to do any
and all things necessary to effectuate the issuance of the Contract.
Section 4. To the extent permitted by law, the officer or employee of the County as
may be responsible from time to time for the preparation of the annual budget of the County, is hereby
authorized and directed to carry out the obligations imposed by the Contract on such officer or employee. .
Section 5. All other action of the officers of the County which are in conformity
with the purposes or intent of this resolution and in furtherance of the execution of the Contract and the
undertaking of the Project, including the execution of the Security Documents, are hereby ratified,
approved and confirmed. The representations of the County made in the Contract and the Security
Documents are hereby confirmed. The approval by the County of the Contract and the Security
Documents is contingent upon the approval of the Contract by the LGC.
This, the 5th day of September, 2006.
~
Robert G. Greer, Chairman
Sheila L. Schult, Clerk to the Board