2007-01-08 RM Exhibits
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
REQUEST FOR BOARD ACTION
Meeting Date: 01/08/07
Budget Amendment
BUDGET AMENDMENT Number: 07-102
DEPARTMENT: Aging
BE IT ORDAINED by the New Hanover County Commissioners that the following amendment be made to the annual
budget ordinance for the fiscal year ending June 30, 2007.
Section 1. The following appropriation is hereby made to the General Fund, and that the following revenue is estimated to
be available to meet this appropriation.
Expenditure
Decrease
Increase
Medicare Transition Program:
Temporary Salaries
FICA
Printing
Postage
Employee Reimbursement
$6,259
$478
$542
$195
$120
Revenue
Decrease
Increase
Medicare Transition Program:
Champion McDowell Grant
$9,300
Appropriated Fund Balance:
Appropriated Fund Balance
$1,706
EXPLANATION: To budget funds received from Champion McDowell Davis Charitable Foundation to fund the
Medicare Prescription Drug Assistance Program for calendar year 2007. Since County funds have been used to
pay for the temporary position, $1,706 of these funds will be remitted back to the County's Appropriated Fund
Balance account.
ADDITIONAL INFORMATION:
APPROVAL STATUS: To be approved by Board Of Commissioners
COMMISSIONERS' ACTIONS/COMMENTS:
Approved 5-0.
12
z 8 I. S. ~. {
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No.4
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 6,1971 (Area 5)
CASE: Z-853, 11/06
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area No.5 is hereby amended by removing the
hereinafter described tracts from the R -15 Residential Zoning District and placing them in
the Conditional Use District thusly: 18.54 acres to be designated as CD(B-I)
Neighborhood Business uses and 31.31 acres to be designated as CD(O&I) Office &
Institutional uses, said lands being described as follows:
Re: Re-Zoning 18.54 Acres - Bl (CD)
A celiain tract or parcel of land lying and being 111 Harnett Township, New Hanover
County, North Carolina and being pmi of the Senca Properties, LLC tracts a~ recorded at
book 4636 page 421, book 4505 page 467 and book 5005 page 1241, records of New
Hanover County, North Carolina and being more particularly described as follows:
Beginning at an iron on the eastem right of way of U.S. Highway 17, said iron being the
southeastern corner of said Senca Properties, LLC tract, said iron is located S 27-31-21
W 78.23 ft. from N.C. Grid Monument "Tee"and being more particularly described as
follows:
Proceed from said point ofbeginnillg and with the eastern right of way of U.S. Highway
17 , N 42-33-16 E 247.23 ft. to a right of way disk, thence with a curve to the left having
a radius of 4068.96 it. a chord N 39-25-18 E 444.74 ft. to a point, thence N 36-17-20 E
541.97 ft. to a point on the southem line of a 60 ft. Access and Utility Easement (book
4505 page 262), thence with the lines of said easement S 53-39-50 E 202.30 ft. to a point,
thence with a curve to the light having a radius of 470.00 ft. a chord S 41-23-09 E 199.90
ft. to a point, thence S 29-06-27 E 337.16 ft. to a point, thence with a curve to the left
having a radius of 113.00 it. a chord S 01-00-14 W 159.04 ft. to a point, thence S 30-51-
06 W 297.28 ft. to a point, thence N 51-11-56 W 228.94 ft. to a point, thence S 41-25-09
W 514.57 ft. to a point, thence S 08-47-30 W 82.64 ft. to a point, thence S 22-49-19 W
60.02 ft. to a point, thence S 41-25-09 W 34.30 ft. to a point on the southern line of said
Senca Properties, LLC trace thence with said southern line N 48-35-19 W 131.78 fl. to an
iron, thence N 49-11-00 W 42.53 ft. to an iron, thence N 50-03-42 W 477.10 ft. to the
point of beginning and containing 18.53 acres.
All bearings are N.C. Grid (27) relative to map book 36 page 204.
Z-853
Page 1 of3
Re: Re-Zoning 31.31 Acres - 0&1 (CD)
A celiain tract or parcel ofland lying and being in Harnett Township, New Hanover
County, NOlih Carolina and being part of the Senca Properties, LLC tracts as recorded at
book 4636 page 421, book 4505 page 467 and book 5005 page 1241, records of New
Hanover County, North Carolina and being more particularly described as follows:
Begilming at an iron on the eastern l'ight of way of U.S. Highway 17, said iron is located
N 38-57-15 E 1597.56' ft. from N.C. Grid Monument "Tee", said iron also being located
S 44-38-27 W 988.43 f1. from the centerline ofScotts Hill Loop Road, and being more
paliicularly described as follows:
Proceed from said point of beginning and with the eastern right of way of U.S. Highway
17 N 42-07-06 E 86.15 ft. to an iron, thence N 43-52-31 E 143.22 ft. to an iron, thence N
45-14-26 E 127.36 ft. to an iron, thence leaving said right of way S 47-04-59 E 782.51
ft., thence S 53-58-27 E 493.26 ft. , thence S 53-58-14 E 338.25 ft. to an iron on the
westemline ofa 60 f1. Private Access and Utility Easement (Map Book 49 Page 351),
thence with the lines of said Easement S 33-30-36 W 518.41 ft. to a point, thence S 36-
33-14 W 16.30 ft. to a point, thence with a curve to the right having a radius of 300.00 ft.
a chord S 60-55-57 W 247.66 ft. to a point, thence with a curve to the left having a radius
of360.00 ft. a chord S 74-33-38 W 134.30 ft. to a point, thence S 63-48-37 W 112.26 ft.
to a point on the n01ihem line of another 60 ft. Access and Utility Easement (book 4505
page 262), thence with a curve to the right having 355.00 ft. a chord S 20-33-18 E 62.55
ft. to a point, thence S 69-39-06 W 60.26 ft. to a point, thence with a curve to the left
having a radius 0[295.00 [t. a chord N 30-18-11 W 160.56 ft. to a point, thence S 67-07-
01 W 181.53 ft. to a point, thence N 34-13-51 W 130.13 ft. to a point, thence N 64-14-30
W 136.16 ft. to a point, thence S 44-33-30 W 204.08 to a point, thence N 59-08-30 W
125.34 ft. to a point, thence N 30-51-06 E 297.28 ft. to a point, thence with a curve to the
left having a radills of 113.00 ft. a chord N 01-00-14 E 159.04 ft. to a point, thence N 29-
06-27 W 337.16 ft. to a point, thence N 65-16-46 E 60.18 ft. to a point, thence N 69-56-
52 E 72.95 ft. to a point, thence with a curve to the left having a radius of 485.58 ft. a
chord N 54-51-37 E 252.89 ft. to a point, thence N 39-45-25 E 117.35 ft. to a point,
thence N 50-14-35 W 542.81 ft. to the point of beginning and containing 31.31 acres.
All bearings are N.C. Grid (27) relative to map book 36 page 204.
Section 2. The County Clerk is hereby authorized and directed under the supervision of the
County Commissioners to Change the Zoning Map Area No 5 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 ofthe County of New Hanover, North Carolina, and shall
Z-853
Page 2 of3
be in full force and effect from and after its adoption and also subject to the companion
special use permit site plan associated with this case number in accordance with Section 59.7
of the New Hanover County Zoning Ordinance, noting also that in accordance with Section
59.7 -6( 1) ofthe ordinance, a building permit must be issued within 24 months of approval or
the action will be revoked.
Section 5. The County Commissioners find, in accordance with the provisions ofNCGS
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.
E. Reasonable and in the public interest based on the proposed companion site plan.
Adopted the 8th day of January, 2007.
O~ Q,~
William A. Caster, Chairman
Attest:
~\~ \..~~
Sheila L. Schult, Clerk to the Board
Z-853
Page 3 of3
5 fA. fJ I V. If. ,
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For Commercial, Residential and Office uses in CD(B-l) and CD(O&I) Zoning Districts
Z-853, 11/06
The County Commissioners for New Hanover County having held a public hearing on January 8,
2007 to consider application number Z-853 submitted on behalf of owner SENCA Properties for
a special use permit to locate a mixture of commercial and residential development in a CD(B-I)
Business District and certain office and institutional uses in a CD(O&I) Office and Institutional
District, approved under companion rezoning action, said proposal being called "Scott's Hill
Village" and located in the 9000 block of US 17/Market Street, 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 and 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. Public water and sewer has been extended to the property by the developer,
however, the area would currently be served by the Northeast Interceptor and
would be influenced by the sewer connection moratorium in the short term.
B. The property accesses an identified arterial with a recently improved Level of
Service D, indicating that flow is now high density but stable after the completion
of "super street" improvements. Internal circulation of traffic and external
improvements to the existing roadway as shown in the traffic Impact Analysis
anticipate mitigating further traffic impacts on the N. Market Street arterial.
C. Fire Service is available from the Ogden Fire Department.
D. The property is not located in a flood hazard area.
E. Stormwater retention facilities have been included on the proposed site plan.
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. This request is made concurrent with conditional rezoning to CD(O&I) and CD(B-l)
as indicated on the site plan.
B. The proposed uses will be limited to those listed on the approved site plan for each
portion.
C. Petitioner proposes up to 40 upper-story residential units within the CD(B-l) portion
of the proposal.
2-853
D. Petitioner proposes off-street parking of 631 total spaces for the CD(B-l) portion and
898 spaces for the CD(O&I) portion. Parking for the upper-story residential units can
be accommodated as dedicated or shared parking within the CD(B-1).
E. Traffic circulation system will be via internal streets and driveways with three drive
accesses to N. Market Street (US 17). A traffic impact analysis has been prepared for
this project which includes certain recommendations to mitigate traffic impacts of the
overall project.
F. The property is subject to the Special Highway Overlay District (SHOD).
G. A tree survey has been provided. The eventual method of protection or mitigation will
be developed in compliance with Section 67 of the county 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 systems must be designed in accordance with the county's
ordinance in order to reasonably protect adjoining properties from off-site runoff
impacts.
C. Recent NCDOT "Superstreet" improvements along US 17 (Market Street) in this
vicinity have demonstrated improved traffic flow.
D. Recommended improvements outlined within the Traffic Impact Analysis for this
project will be required.
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 Transition Classification, meaning an
area where intensive urban development is anticipated and where services are or will
be provided.
B. Policies in the plan support mixed use projects away from sensitive areas and in the
urban services area in order to reduce dependence on the automobile.
C. An existing Conditional Use District with Office and Institutional use is currently
approved and under construction adjacent to this proposal
6. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT
IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE
GRANTED subject to the provisions of conditional rezoning and limitations of the attached
site plan and the following additional conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use, as well as any additional conditions hereinafter stated.
2-853
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. NCDOT and MPO technical staff must concur with the TIA recommendations for
road improvements.
D. Internal street system must provide adequate access and maneuverability to
accommodate emergency vehicles to the satisfaction of County Fire Services.
E. On the CD(O&I) tract, any hospital may only operate as a not-for-profit hospital,
which provides health care regardless of a patient's ability to pay, consistent with
federal and state guidelines.
F. The project must include accommodation for public transit (buses).
7. In accordance with Section 59.7-6(1) of the ordinance, a building permit must be issued
within 24 months of approval or the action will be revoked.
Ordered this 8th day of January, 2007
'tJ~C.~
William A. Caster, Chairman
Attest:
~\~\ '-. ~~I~
Sheila L. Schult, Clerk to the Board
Z-853
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
:ZbI ~.4
P '1~
CASE: Z-858, 12/06
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 tracts from the R -15 Residential Zoning District and placing them in
the Conditional Use District CD(R-l 0) Classification for residential use, said land being
described as follows:
BEGINNING at a point in the western boundary of Carolina Beach Road (U.S.
Hwy. 421), a 160' public right-of-way; said point being at the northeastern corner
of Beau Rivage Plantation, as recorded among the land records of the New
Hanover County Registry in Map Book 26, at Page 80; and running thence from
the point of beginning, South 88001'02" West, 1002.39 feet to a point; thence
North 00007'26" East, 295.38 feet to a point; thence North 00039'17" West,
249.90 feet to a point; thence North 89042'44" East, 600.00 feet to a point;
thence South 01000'01" East, 100.01 feet to a point; thence South 89055'12"
East, 100.00 feet to a point; thence South 00004'48" West, 150.00 feet to a point;
thence North 89055'12" West, 100.00 feet to a point; thence South 01048'18"
West, 178.90 feet to a point; thence North 89024'40" East, 407.47 feet to a point
in the western boundary of Carolina Beach Road; thence with that right-of-way,
South 00025'39" East, 88.98 feet tot the point and place of beginning, containing
8.58 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 ofthe inhabitants of the County of New Hanover, North Carolina, and shall
be in full force and effect from and after its adoption and also subject to the companion
special use permit site plan associated with this case number in accordance with Section 59.7
of the New Hanover County Zoning Ordinance.
Section 5. The County Commissioners find, in-accordance with the provisions ofNCGS
153A-34l, that this zoning map amendment is:
Z-858
Page 1 of2
A. Consistent with the purposes and intent ofthe land classification and associated policies
in the 2006 land use plan.
B. Reasonable and in the public interest based on the proposed companion site plan.
()~Q.~
William A. Caster, Chairman
Attest:
~\,~\~ "- - ~ ~tv1\-
Sheila L. Schult, Clerk to the Board
Z-858
Page 2 of 2
..sL-lP,V.l\.:L,
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A High Density Residential Development in CD(R-IO) Zoning District
Z-858, 12/06
The County Commissioners for New Hanover County having held a public hearing on January 8, 2007 to
consider application number Z-858 submitted on behalf of owner Thomas L. Sellars, Sr. for a special use
permit to locate a High Density Residential development in a CD(R-IO) Residential District approved
under companion rezoning action, said proposal being located at 6210, 6212, and 6224 Carolina Beach
road, and having heard all of the evidence and arguments presented at the hearing, make the following
FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 71-1 and 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. Private water and sewer provider will serve the property.
B. The property accesses an identified arterial.
C. Fire Service is available from the Myrtle Grove FD.
D. The property is not located in a flood hazard area.
E. Stormwater retention has been included in the proposed site plan and must meet the
design standards of the County's storm water ordinance.
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. This request is made concurrent with conditional
rezoning to CD(R -10) Residential District.
B. The use as proposed by the applicant is limited to attached single family residential use and
appurtenant garages and recreational facilities.
C. Applicant has limited density for this project to 99 units on 8.57 acres, compared to 146
maximum potential density under the standard provisions of the ordinance.
D. Petitioner proposes off-street parking that exceeds the requirements of Article VIII of the
New Hanover County Zoning Ordinance by providing 230 spaces compared to 192 spaces
required.
E. Petitioner states the project will provide 4.8 acres of improved recreational space compared to
1 .7 acres required.
F. Petitioner states the project will be developed with 62.3% open space.
G. Petitioner states the maximum impervious surface for this project will not exceed 37.7%,
compared to 50% allowed within the ordinance.
H. Traffic circulation system will be via internal driveways and must provide adequate access
for emergency service vehicles.
I. A traffic impact analysis was not indicated by NCDOT for this project.
Z-858
J. Buffer of at least 20 feet will be required along all property boundaries.
K. A tree survey has indicated regulated trees that must be protected or mitigated as required in
Section 67 of the 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 of the 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 Transition, which provides for future intensive
urban development on lands that have or will have urban services.
B. Policies in the plan support higher density transition areas when public services are available.
Aqua North Carolina will serve the project.
6. Therefore, because the County Commissioners conclude that all of the general and specific conditions
precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED; that
the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the
provisions of conditional rezoning and limitations of the attached site plan and Section 69.4 of the
zoning ordinance.
Ordered this 8th day of January, 2007
Att
v~~.~
William A. Caster, Chairman
~~\o. '--~ ~~iJ
Sheila L. Schult, Clerk to the Board
Z-858
.5 LA. yO IV. l!. .3
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER DENYING
REQUEST FOR
SPECIAL USE PERMIT
8-572, 12/06
A 204 Child Development Center
In An R-15 Residential Zoning District
This matter came before the Board of Commissioners for hearing at its regular meeting on
January 8, 2007. Based upon the Board's hearing on this matter, the Board renders the following
FINDINGS OF FACT and draws the following CONCLUSIONS:
FINDINGS
1. The board finds that the use would materially endanger the public health or safety if
Located where proposed and developed according to the plan as submitted and approved.
A. Road improvements, which the Department of Transportation and County Planning Staff
have determined are needed, at the intersection of Sanders Road, on which the proposed project
would be located, and Carolina Beach Road, have not yet been installed.
B. In the month of November 2006, between the hours of7:30 and 8:30 AM, and 2:00 and 3:00
PM, a total ofthirty-eight (38) traffic tickets were issued on Sanders Road, twenty-two (22) ofwhich
were for speeding in the Bellamy School zone. Bellamy School is a short distance from the subject
site (this testimony was not rebutted).
C. Petitioner's expert estimated that 1,016 trips per day would be added to Sanders Road if the
use as proposed were to come to fruition.
D. Unsafe traffic patterns currently occur very near the subject site, as shown by Pictures
provided by those in opposition to the project, which would be made worse by the subject property
under current conditions.
2. The Board finds that the use meets all required conditions and specifications ofthe
zoning ordinance.
A. There do not appear to be any technical deficiencies with the project, other than the
failure to meet the conditions which must be met for a special use permit, described herein, which
are also part of the zoning ordinance.
3. The Board finds that the use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity.
A. No substantial evidence has been presented that the proposed use will injure the value of
adjoining or abutting property values, though the Board notes that if the present dangerous traffic
situation on Sanders Road were made worse with the addition ofthis project, it is hard to imagine
that any positive result with regard to property values could occur.
4. The Board finds that the location and character of the use if developed according to the
plan as submitted and approved will not 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.
A. The conditions which exist currently on Sanders Road make the subject project an unwise
addition at this time.
B. The Board does not find that the use proposed would not provide a needed service in that area
of the County, but simply that placing this use at this particular location, at this time, prior to the
installation of improvements to the roadway infrastructure, would not be in harmony with that
immediate area.
C. Evidence of substance, in the form of pictures of actual unsafe traffic movements, and
unrebutted reports of frequent speeding citations, has been presented which leads this Board to find
that this project would not be in harmony with this immediate area.
5. . Therefore, the County Commissioners, based upon their hearing on this matter, hereby
DENY the request for a special use permit.
Ordered this the 8th day of January, 2007.
V~Q~~
William A. Caster, Chairman
Attest:
~ ~\~ \... ~\\
Sheila L. Schult, Clerk to the Board
S lA.P n/ iI, if.
COUNTY OF NEW HANOVER, NORTH CAROLINA
ORDER DENYING REQUEST TO DEEM
SPECIAL USE PERMIT VOID
S-13
This matter came before the Board on January 8, 2007, for a detennination regarding
Petitioner David Ward's request that Special Use Permit Number 13, issued in 1971, for a
bulkhead, boat ramp and pier at 1512 Burnett Road, be deemed void. Mr. Ward brought his
request pursuant to New Hanover County Zoning Ordinance Section 109.1(e). After having
heard Mr. Ward on this matter, the Board finds as follows:
1. Section 109.1 of the Zoning Ordinance states that "(a ]ny site specific
development plan approved by the County pursuant to this Ordinance shall
terminate as follows: Subsection (e) states "(f]ollowing recommendation of the
Planning Board and upon findings by the County Commissioners, by ordinance
after notice and a hearing, that the landowner or his representative intentionally
supplied inaccurate information or made material misrepresentations which made
a difference in the approval by the approval authority of the site specific
development plan.
2. The Planning Board, after a full hearing on the matter, unanimously
recommended that the request to deem the permit void be denied.
3. The Board of Commissioners considered evidence produced by Petitioner for
some time, after which it became apparent that little or none of which was direct,
or first-hand evidence, and it furthermore became apparent that, even in the
absence of evidence offered in opposition to the request, the Board would not be
able to find that the landowner or his representative intentionally supplied
inaccurate information or made material misrepresentations which made a
difference in the approval by the approval authority of the site specific
development plan, in 1971.
For this reason, the Board hereby DENIES Petitioner's request.
Ordered this the 8th day of January, 2007.
u[)~ Q.~
William A. Caster, Chairman
Attest:
~\l.~ '-. ~~L\~
Sheila L. Schult, Clerk to the Board