2009-01-05 RM ExhibitsExhibit
Book ~Page:.~
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description: Gruffy Court in The Cottages at SunCoast Subdivision in New
Hanover County (Division File No. 1133-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 Secondary Road System, if the road(s) meets minimum standards and criteria
established by the Division of Highways of the Department of Transportation for 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 5th day of January , 2009.
~ 0-'~\k&N WITNESS my hand
2009.
Form SR-2
Please Note:
resolute.doc
and official seal this the 01, day of
Sheila L. Schult, Clerk to the Board
New Hanover County Board of Commissioners
Forward directly to the District Engineer, Division of Highways.
Exhibit
Book 3 2
. page
AGENDA: January 5, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-119
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-119 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: Fire Services District
Department: Fire Services / Operations
Expenditure:
Decrease
Increase
Fire Services Operations:
Travel & Training
$771
Equipment
15,022
Total
$15,793
Revenue:
Decrease
Increase
Fire Services Administration:
Operating Grants & Contributions -CEDAP
$15,793
Total
$15,793
Section 2: Explanation
To budget Commercial Equipment Direct Assistance Program (CEDAP) grant received from the
Department of Homeland Security (DHS) FEMA. The grant application was approved by the County Board
of Commissioners at the July 21, 2008, meeting. The radiation detection equipment will be purchased on
behalf of, and shipped directly to, NHC following the attendance and completion of training in
Washington, D.C. by one individual from the NHC Fire Department.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-119, amending the annual
for the fiscal year endi June 30, 2009, is adopted.
dopted, this day of 2009.
Ted Davis, Jr., ai an
ATTE T:
Sheila L. Schult, Clerk to the Board
Exhibit
Book 32 page.
AGENDA: January 5, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-104
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-104 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: DSS / Work First Demo Grant
Expenditure:
Decrease
Increase
Work First Demo Grant - TANF:
Contract Services
$23,200
TANF WF Grant Child Daycare
10,000
Client Transportation
3,695
Work First Transition Checks
$13,695
Total
$36,895
$13,695
Revenue:
Decrease
Increase
Work First Demo Grant - TANF:
-Operating Grants & Contributions - Smart Start
$23,200
Total
$23,200
Section 2: Explanation
To reduce the TANF Work First Demo Grant revenues and expenditures to reflect a $23,200 reduction in
grant funds allocated for FY08-09, and to transfer funds between line items.
The decrease will have a minor impact on services as funds will be redistributed to minimize the impact on
the clients. The increase in the Work First Transition Checks is an expansion of the pay-for-performance
program.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-104, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
~dopted, this 541\ day of o.h __12009.
QFr~.
(SEA \
e Davis, Jr., Chair
L.
Exhibit
Book i page h
AGENDA: January 5, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-107
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-107 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Aging / RSVP
Ex enditure:
Decrease
Increase
RSVP:
Contract Services- Meals
$1 000
Postage Expense
300
Supplies
900
Volunteer Mileage Expense
300
Volunteer Recognition
1,000
-Training and Travel
700
Total
$4,200
Revenue:
Decrease
Increase
RSVP:
SHIIP Grant - State Department Of Insurance
$4,200
Total
$4200
Section 2: Explanation
To budget grant funding received from the North Carolina Department of Insurance, Senior Health
Insurance Information Program (SHIIP) Division, for the Retired and Senior Volunteer Program (RSVP).
The New Hanover County Board of Commissioners approved the request to submit the grant application at
the September 22, 2008 meeting.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-107, amending the annual
budget ordinance for the fiscal year enljing June 30, 2009, is adopted.
Adopted, thisS~ day of \1 2009.
~i
Ted Dav s, Jr., Chairm
Exhibit
Book 3 2. Page -.L._ 3C,
AGENDA: January 5, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-109
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-109 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Museum/Grassroots Grant
Ex enditure:
Decrease
Increase
Grassroots Grant:
Temporary Salaries
$960
Social Security
75
Contracted Services
5,561
Total
$6 596
Revenue:
Decrease
Increase
Grassroots Grant:
Grassroots Grant
$6,596
Total
$6,596-
Section 2: Explanation
To budget additional monies received from the Grassroots Arts Grant. Funds will be used to
extend the hours of the temporary Administrative Assistant to assist in administering the
Grassroots Grant and increase sub-grants to arts non-profits: money that passes through in
contracted services for sub-grants.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-109, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
2009.
f
Ted Davis, Jr., Chai
Exhibit
Book 3g Page !_3,d,
AGENDA: January 5, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-112
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-112 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Library/Partnership for Children
Expenditure:
Decrease
Increase
Partnership for Children:
Salaries and Wages
$9,375
Total
$9,375
Revenue:
Decrease
Increase
Partnership for Children:
Partnership for Children
$9,375
Total
$9,37-5
Section 2: Explanation
To budget additional funds received for the Smart Start for Growing Readers program. The
increase of $9,375 will allow the Growing Readers program to increase the part-time hours for the
Literacy Consultants. Based on the original allocation, their hours had to be cut and this will allow
them to work 22 to 25 hours per week instead of 19.5 hours per week.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-112, amending the annual
budget ordinance for the fiscal year ending June 30, 2009, is adopted.
14T Y • At, Adopted, this Sday of 12009.
p AL) Q
O
~yZ a2
Ted Davis, Jr., Chair n
Sheila L. Schult, Clerk to
B ok it%5oq
Page e
AGENDA: January 5, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2009 BUDGET
BY BUDGET AMENDMENT 09-118
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 09-118 be made to the annual budget ordinance for the
fiscal year ending June 30, 2009.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health/Vector Control
Expenditure:
Decrease
Increase
Health/Vector Control:
Salaries and Wages
$6 000
Supplies
9,000
Total
$15,000
Revenue:
Decrease
Increase
Health/Vector Control:
NC Dept. of Environment and Natural Resources
Grant
$15,000
Total
$15,000
Section 2: Explanation
The New Hanover County Health Department has received notification from the NC Department
of Environment and Natural Resources of a grant award in the amount of $15,000 for tick control.
These funds will be used for surveillance, chemical treatments, and educational materials related
to this project, which will be implemented by Vector Control. Application for this grant was
approved by the County Commissioners on May 19, 2008.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 09-118, amending the annual
bud et ordinance for the fiscal year end' g June 30, 2009, is adopted.
)V NTY.
ted, thisZ,,.~_day of , 2009.
y
i
A ST:
Sheila L. Schult, Clerk to the Board
Ted Davis, Jr., Chai an
9
d ~
~ \ O
Exhibit 3
GS~o+r
:92 mift
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION SUPPORTING A PRIVATELY-CONSTRUCTED AIR FORCE ONE MUSEUM AND
WHITE HOUSE PHOTO GALLERY ON NORTH CAROLINA DEPARTMENT OF TRANSPORTATION
PROPERTY NEAR THE INTERSECTION OF NORTH KERR AVENUE AND
MARTIN LUTHER KING, JR. PARKWAY IN WILMINGTON, NORTH CAROLINA
WHEREAS, the Wilmington Urban Area Metropolitan Planning Organization Transportation Advisory Committee
during its December 17, 2008 meeting adopted a resolution in support of a privately-constructed Air Force One
museum and White House photo gallery and is now requesting that the New Hanover County Board of
Commissioners adopt a similar resolution; and
WHEREAS, the North Carolina Aeronautics Council commissioned an economic impact and feasibility study to
locate a proposed Air Force One museum and White House photo gallery; and
WHERAS, the economic impact and feasibility study indicates that the Air Force One museum and White House
photo gallery would create new jobs and have a positive economic impact to the Wilmington region and state of
North Carolina; and
WHEREAS, the museum board of directors has evaluated property adjacent to Wilmington International Airport
near the intersection of North Kerr Avenue and Martin Luther King, Jr. Parkway; and
WHEREAS, this property is currently owned by the North Carolina Department of Transportation and has been
deemed by the museum board of directors as an appropriate location for the Air Force One museum and White
House photo gallery; and
WHEREAS, representatives from the Air Force One museum and White House photo gallery presented information
to the Transportation Advisory Committee on December 1, 2008, regarding the proposed Air Force One museum
and White House photo gallery in Wilmington, North Carolina; and
WHEREAS, the museum board of directors has indicated that the museu n and photo gallery would be constructed
through private financing and not require any public money; and
WHEREAS, having the museum in North Carolina is appropriate for the historical preservation of aviation related
materials; and
WHEREAS, the establishment of a museum in Wilmington, North Carolina will further the prominence of aviation
in the state and add to the education and information of the neat generation of aviators.
NOW THEREFORE, be it resolved that the New Hanover County Board of Commissioners hereby supports a
privately-constructed Air Force One museum and White House photo gallery on North Carolina Department of
Transportation property near the intersection of North Kerr Avenue and Martin Luther King, Jr. Parkway in
Wilmington, North Carolina and if the property is not developed within 5 years, the Transportation Advisory
Committee will re-consider the proposal.
ADOPTED, this the 5t" day of January, 2009.
4~ 1 NEW HANOVER COUNTY
Ted Davis, Jr., Cha' n
ATTEST:
Sheila Schult, Clerk to the Board
91
Exhibit
Book pop ~
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
IN THE MATTER OF NAMING
AN UNNAMED ROAD TO
LITTLE PONY TRAIL (access easement)
ORDER
It appearing to the Board of County Commissioners of New Hanover County that
consideration has been given to the naming of Little Pony Trail located near the 7200
block of Carolina Beach Road west side and extending west from that point
approximately 2,810 feet. A public hearing was held on Monday, January 5, 2009 at
which time all persons were heard on the question of whether or not the naming would be
in the public interest; and it further appearing that notice of said hearing was transmitted
to all resident owners and prominently posted in at least two (2) locations along said
road; and published in the Star News local newspaper, and the Board of County
Commissioners is of the opinion that said road in New Hanover should be named and the
naming of the same is in the public interest, the description of which is delineated on the
attached map exhibit.
NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above
described road is hereby named Little Pony Trail.
IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the
office of the Register of Deeds of New Hanover County, North Carolina, and that notice
of the action taken by the Board of County Commissioners be transmitted to the
postmaster having jurisdiction over the road, the North Carolina Board of Transportation
and to any city within five (5) miles of said road in accordance with N.C. General Statues
153A-240.
Adopted this the 51h day of January 2009.
GO 0
Attest: -3y
f ~ `T.II Y~
Sheila L. Schult, Clerk to Board
Ted Davis, Jr., C an
Exhibit
Book Page ,L„,6,
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
IN THE MATTER OF ASSIGNING
STREET HOUSE NUMBERS ORDER
LITTLE PONY TRAIL
It appearing to the Board of County Commissioners of New Hanover County that
consideration has been given to the assignment of house numbers on Little Pony Trail, a
numerical range of 500-899.
WHEREAS, ready and accurate identification of developed property is important
for the delivery of general County services, for the operation of commercial enterprises,
for the response of emergency and public safety vehicles, and for the convenience of the
general public; and
WHEREAS, a comprehensive and systematic property numbering system is an
efficient means of identifying property within the County; and
WHEREAS, such a system will promote the health, safety, and welfare of the
citizens of New Hanover County.
THEREFORE, it further appearing that a public hearing was held on the 5th day
of January, 2009, at which time all persons were heard on the question of whether or not
assigning house numbers would be in the public interest, and it further appearing that
notice of said hearing was prominently posted in at least two (2) locations along said
street, that notice of the time, place and subject matter of the hearing was prominently
posted at the Courthouse, and published in a newspaper of general circulation in the
County.
NOW, THEREFORE, it is ordained and decreed that the above House Number
Assignment be made to Little Pony Trail.
It is further ordered that a copy of this ordinance be transmitted to the postmaster
having jurisdiction over the road, to the Board of Transportation, Sheriff's 911 dispatcher
and to any city within five mile of said road in accordance with N.C. General Statues
153A-240.
Adopted this the 5th day of January, 2009.
teS ,=:`i ~:I1` ~
Clerk to the Board -
Q
Ted Davis, r., Chan nnan
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 Zoning Book., No -
as
CASE: Z-892,12/08 Section
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-20 Residential District and placing it in the B-2 Highway
Business Zoning District, said lands being described as follows:
Tract 1:
Beginning at a point at the intersection of the southern boundary of Bellwood Avenue, a
public right-of-way, with the eastern boundary of Castle Hayne Road (N.C. Hwy. 117);
said point being located South 18000'50" East, 133.34 feet from the intersection of the
Northern boundary of Bellwood Avenue with the eastern boundary of Castle Hayne
Road; and running thence with the Bellwood Avenue right-of-way, along a curve to the
right, having a Radius of 707.67 feet and Length of 504.67 feet, a Chord of South
72047'20" East, 494.04 feet to a point in the boundary of Interstate Hwy. 140, a public
right-of-way; thence with that right-of-way, North 87005'30" West, 225.89 feet to a point;
thence South 37006'33" West, 45.99 feet to a point; thence North 89022'05" West,
243.27 feet to a point in the eastern boundary of Castle Hayne Road; thence with that
right-of-way, North 08019'27" East, 170.51 feet to the point and place of beginning,
containing 1.27 acres, more or less.
Tract 2:
Beginning at a point in the northern boundary of Bellwood Avenue, a public right-of-way;
said point being located South 65036'24" East, 93.08 feet; thence North 89009'42" East,
104.57 feet; thence South 73038'01" East, 21.14 feet from its intersection with the
eastern boundary of Castle Hayne Road (N.C. Hwy. 117), a public right-of-way; and
running thence from the point of beginning, with the lands, now or formerly, of General
Electric Company, recorded among the land records of the New Hanover County
Registry in Deed Book 807, at Page 569, North 89028'27" East, 1012.83 feet to a point;
thence North 89029'28" East, 2417.70 feet to a point; thence with the lands, now or
formerly, of Crowatan Partners, L.L.C., recorded in Deed Book 4952, at Page 1564,
South 00005'21" West, 1534.60 feet to a point; thence South 00031'02" West, 433.79'
to a point in the boundary of Interstate Hwy. 140, a public right-of-way; thence with that
right-of-way, North 62041'29" West, 382.25 feet to a point; thence North 62052'03"
west, 298.22 feet to a point; thence along a curve to the left, having a Radius of 5856.30
feet and Length of 1099.56 feet, a Chord of North 69005'18" West, 1097.95 feet to a
point; thence North 69025'19" West, 205.12 feet to a point; thence North 70016'17"
West, 329.35 feet to a point; thence North 02042'28" West, 116.11 feet to a point in the
boundary of Bellwood Avenue; thence with that right-of-way, North 83059'35" East,
176.55 feet to a point; thence North 03039'48" West, 68.90 feet to a point; thence South
88049'45" West, 224.94 feet to a point ; thence North 76044'51" West, 177.11 feet to a
point; thence North 56039'33" West, 175.03 feet to a point; thence North 43049'04"
West, 123.20 feet to a point; thence North 62051'04" West, 70.19 feet to a point; thence
1
North 42002'39" West, 290.54 feet to a point; thence North 44028'28" West, 83.22 feet
to a point; thence North 44029'57" West, 118.58 feet to a point; thence along a curve to
the left, having a Radius of 794.95 feet and Length of 316.00 feet, a Chord of North
60052'03" West, 313.92 feet to a point; thence North 73035'08" West, 118.16 feet to the
point and place of beginning, containing 85.48 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 "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.
Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A-
341, that this zoning map amendment of approximately 86 acres from R-20 Residential to B-2
Highway Business District is:
A. Consistent with the purposes and intent of the Aquifer Resource Protection land
classification and associated policies in the 2006 land use plan.
B. Reasonable and in the public interest to allow a transition of land use from residneital to
commercial in proximity to a major arterial intersection and an area slated for
industrial expansion and future residential growth.
Adopted the 5`h day of January, 2009.
/vN ti -
ti Ted Davis Jr., C& an
o
r
Attest:
HLISHEE~\~~
Sheila L. Schult, Cler to the Board
2
SUP Book I 'I Page I
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Child Daycare Facility up to 8 children in an R-15 Residential Zoning District
S-585,12/08
The County Commissioners for New Hanover County having held a public hearing on January 5, 2009 to
consider application number S-585 submitted by Cheryl Ruth Aquilar for a special use permit to locate a
Child Daycare Facility in a R-15 Residential District at 305 Godfrey Court, 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
Sections 71-1 and 72-20 of the County Zoning Ordinance WILL be satisfied if the property is
developed in accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general
requirement listed in the Ordinance; namely that the use will not materially endanger the public health
or safety if located where proposed and developed according to the plan as submitted and approved.
In support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. Public water and sewer serves the property.
B. The property is located in a residential cul-de-sac and accesses River Road or Cathay
Road via Lipscomb Rd, a residential local street.
C. Level of Service on River Road is rated C/D in this vicinity, meaning the traffic flows
relatively freely.
D. Traffic Impact Analysis is not required because peak hour traffic generation for the added
students is below the 100 peak hour trip threshold for TIA.
E. Fire Service is available from the Myrtle Grove Fire Department.
F. The property is not located in a flood hazard area.
G. The facility is an existing in-home daycare for 5 children.
3. It is the County Conunissioners' CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in the Ordinance; namely that the use meets all required conditions and
specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF
FACT:
A. The property is zoned R-15 Residential.
B. A variance was issued by the Board of Adjustment on 10/28/08, relieving the off-street
parking and circulation requirements of the ordinance for this location. The lot
dimensions in this cul-de-sac lot will not accommodate the requirements.
C. The play area is enclosed by a fence with a minimum height of four feet.
D. The day care will be licensed by the State of North Carolina.
E. In accordance with Section 72-20 no outside signs in excess of 2 sq. ft. shall be
permitted.
F. All other local, state and federal requirements must be met.
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. Surrounding property is zoned R-15.
It is the County Commissioners" CONCLUSION that the proposed use DOES satisfy the fourth
general requirement listed in the Ordinance; namely that the location and character of the use if
developed according to the plan as submitted and approved will be in harmony with the area in which
it is to be located and in general conformity with the plan of development for New Hanover county.
In support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The 2006 Land Use Plan Update identifies this area as Transition, which provides for future
intensive urban development where necessary services are provided.
B. Policies in the 2006 Land Use Plan do not specifically address daycare needs, but Policy 4.1
encourages designation of sufficient land area and suitable locations for the various land use
types. Growth in our area has increased demand for child care services.
C. A petition from six neighboring property owners in support of the request was presented with
the applicant materials.
6. Therefore, because the County Commissioners conclude that all of the general and specific conditions
precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that
the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the attached
site plan and the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance
for the proposed use, as well as any additional conditions hereinafter stated and all other state or
federal requirements.
B. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this permit
shall become void and of no effect.
C. "After-school" students will be picked up at school primarily by the daycare provider.
Ordered this 5"' day of January, 2009
O
Z
-,TV _
~neu
Ted Davis, Jr., C rman
Attest:
Sheila L. Schult, Clerk to the Boa d
SUP Book IV Page V_
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Singlewide Mobile Home in a RA Rural Agricultural Zoning District
S-586, 1/09
The County Commissioners for New Hanover County having held a public hearing on January 5, 2009 to
consider application number S-586 submitted by James Bordeaux for a special use permit to locate a
singlewide mobile home in a RA Rural Agricultural Zoning District located at 3909 Lynn Avenue, Castle
Hayne, 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 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 subject property is on an existing tract with a double-wide to be replaced with this
proposed single-wide home.
B. An individual septic tank and well currently serve the site. Environmental Health Department
must inspect the systems prior to building permit issuance.
C. Access to the property is from Lynn Avenue, a local road that intersects with Castle Hayne
Road, a major arterial with a Level of Service E. Average daily traffic decreased on Lynn
Avenue between 2004 and 2005.
D. Fire Service is available from the Castle Hayne VFD.
E. The property is not located within 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 RA- Rural Agricultural district.
B. A Special Use Permit in the RA-Rural Agricultural Zoning District permits singlewide
mobile homes.
C. The property can accommodate the setback requirements for a Singlewide mobile home, and
the site plan shows appropriate setbacks from all property lines.
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. The immediate vicinity is generally very low density residential uses and farm fields.
B. There are other mobile homes on adjacent parcels.
C. No substantive evidence was submitted that this project will decrease property values of
residents or commercial uses nearbv.
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 purpose of the Conununity class is to provide for a village type of development to
help meet housing, shopping, employment and public services needs within the more
rural areas of the County.
B. This property is located within the Commercial Corridor portion of the recently adopted
Castle Hayne Neighborhood Plan. That plan envisions an eventual transition of this area
to commercial mixed use.
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. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance and all other federal, state or local laws 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) that after a twelve month period the permit may be terminated after ninety days
notice and after review and recommendation by the Board of County Commissioners
(2) the roof will be shingled
(3) vinyl siding will be used
(4) the mobile home will be a 2005 or newer model
Ordered this 5th day of January, 2009
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Ted Davis, r., Chairman
Attest:
Sheila L. Schult, Clerk to the Board