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Home My WebLink About2002-01-07 RM Exhibits27.14.1 PROCEDURES FOR CONDITIONAL USE ·REZONING/PERMIT 1. Swear in witnesses. 2. . Inform Petitioner of right to withdraw or modify a conditional use rezoning petition prior to Board's vote. Inform Petitioner that if the rezoning is denied he/she must wait 12 months before another petition can be filed. . . 3. Inform the Petitioner and opponents that they will be allowed a total of 20 minutes for each side, with 15 minutes each for the presentations, and five . minutes each for rebuttals/cross examinations. 4. Conduct hearing, as follows: a. Staff presentation; b. Petitioner's presentation (up to 15 minutes); c. Opponent's presentation (up to 15 minutes); d. Petitioner's cross examination/rebuttal (up to 5 minutes); e. Opponent's cross examination/rebuttal (up to 5 minutes). Any exhibits that will be presented are to be marked by the County Attorney and given to the Clerk to be part of the record. 5. Ask Petitioner whether he/she agrees with staff findings and any proposed conditions. \'., 6. After the presentation but before the Board's vote, again ask the Petitioner whether he/she wishes to withdraw or modify the petition. If the Petitioner desires additional time to consider its course of action, he/she may request a continuance to the next scheduled public hearing of the Board of Commissioners. 7. Vote on the rezoning portion of the request. If the Board intends to approve the petition, vote to rezone. If not, vote "no" and the process ends. 8. If the Board voted to rezone, then vote and approve the conditional use permit. ·,! PROCEDURES FOR SPECIAL USE PERMIT 1. Swear in witnesses. 2. Inform the Applicant and opponents that they will be allowed a total of 20 . minutes for each side; with 15 minutes each for the presentations, and five minutes each for rebuttals/cross examinations. 3. Conduct hearing, as follows: a. Staff presentation; . b. Applicant's presentation (up to 15 minutes); c. Opponent's presentation (up to 15 minutes); . d. Applicant's cross examination/rebuttal (up to 5 minutes); . /e. Opponent's cross examination/rebuttal (up to 5 minutes); Any exhibits that will be presented are to be marked by the County Attorney and given to the Clerk to be part of the record. 4. Ask Applicant whether he/she agrees with staff findings and any proposed conditions. s. Vote on the special use permit. If the permit is granted, the Board must find: a. that the use will not materially endanger the public health or safety if located where proposed and apprpved; b. that the use meets all required conditions and specifications; c. that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and d. 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. If the permit is not granted the Board should state the reason(s) (from 5a- d) for the denial. There is no waiting time for re-submittal of a denied special use permit. .. PROCEDURES FOR GENERAL REZONING 1. Inform the Petitioner and opponents that they will be allowed a total of 20 minutes for each side, with 15 minutes each for the presentations, and five minutes each for rebuttals/cross examinations. 2. Conduct hearing, as follows: a. Staff presentation; b. Petitioner's presentation (up to 15 minutes); c. Opponent's presentation (up to 15 minutes); d. Petitioner's cross examination/rebuttal (up to 5 minutes); e. Opponent's cross examination/rebuttal (up to 5 minutes). Any exhibits that will be presented are to be marked by the County Attorney a~d given to the Clerk to be part of the record. 3. Vote on the rezoning. If the rezoning is denied or withdrawn prior to the Board's vote, the Petitioner must wait 12 months before filing another petition. Note: Petitioner may ask for a continuance. If the petition is withdrawn after it . has been advertised for the Commissioners meeting, a 12 month waiting period is imposed. . 27.14.2 RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, on December 3, 2001, the Board of Commissioners of New Hanover County approved the purchase of the Shaw Speaks Building at a negotiated price of $650,000 contingent upon a satisfactory environmental assessment, approval by the Local Government Commission and bank financing; AND WHEREAS, proposals for bank financing have been received and the results are as follows: Bank of America BB&T PB Municipal Funding, Inc. Bank One CCB Centura Bank LaSAlle National Leasing Corporation Wachovia SunTrust Leasing Corporation 5.15% 5.76% No Bid No Bid No Bid No Bid No Bid No Bid No Bid AND WHEREAS, County and Bank of America will prepare financing documents for the acquisition of the Shaw Speaks Building with a public hearing concerning the financing to be scheduled for the Board of Commissioners meeting on January 22, 2002; AND WHEREAS, pursuant to the requirements of the United States Treasury Regulations Section 1.1.03-8, the County hereby declares its official intent to reimburse itself with the proceeds of the financing for any of the expenditures incurred by it prior to the issuance of the financing; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that the Finance Officer, County Manager and County Attorney of New Hanover County are hereby authorized and directed to act on behalf of the County of New Hanover in regards to the acquisition of the Shaw Speaks Building in preparation of the Local Government Commission application, environmental studies, financing and other actions not inconsistent with this resolution. This 7th day of January, 2002. 7;;(iiÀ2dQu~ry Cummi"iuu,~ 27.14.3 AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE SUBDIVISION REGULATIONS OF NEW HANOVER COUNTY ADOPTED OCTOBER 18, 1965 A-313,11/01 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORI)AIN: . Section 1. That the Subdivision Regulations of the County of New Hanover, North Catolina . ' , adopted October 18, 1965, as amended be and the same is hereby further amended as follows\ , Revise *50-2 Improvements Following approval of the preliminary plan, the sub-divider shall submit to the County Engineer and other appropriate State and local agencies design and construction plans for the installation of the improvements as required by the Ordinance and other specifications and policies of New Hanover County. ADD *50-3 Upon satisfactory completion of the construction plans, the County Engineer shall issue an approval letter for the installation of the required improvements in accordance with the approved plans and the design standards specified in this Ordinance. The Planning Department, in conjunction with the appropriate agencies shall review and approve all required improvements prior to the Final Plat being approved. ADD *50-4 Construction Procedures (1) Access -All public agencies shall have access to the premises and structures of a subdivision under this chapter during reasonable hours to make those inspections deemed necessary by them to ensure compliance with the provisions of this Ordinance.. (2) Inspection - The subdivider and lor contractors, prior to commencing any work within the subdivision. shall notify those public agencies charged with the enforcement of the provisions of this Ordinance to allow scheduling for adequate inspection of these improvements. Section 20 Definitions ADD 20-23 Plans, Constructions: Plan, profile, and detail drawings sufficient to indicate the construction of all improvements associated with the property to be subdivided, prepared by a professional, legally recognized by a State of North Carolina licensing board as· being licensed to perform such activities or undertakings. ..:~ :'1. Section 32 Preliminary Plan Revise 32-2(3) The name and address of the owner, and the individual or firm preparing the plan; construction plans, if included shall be prepared by a professional, legally recognized by a State of North Carolina licensing board as being licensed to perform such activities or undertakings. Revise 32-3(3) Preparation of Construction Drawings Upon approval of the preliminary plan, the subdivider may proceed in accordance with the preliminary plan as approved and the requirements of this Ordinance in the preparation of Construction Drawings. a) Construction Plans and drawings shall be submitted and approved by the county engineer or other agencies prior to the installation of any required improvements. b) Following the installation of the required improvements the subdivider may proceed in accordance with the preliminary plan as approved and the requirements of the Ordinance in the preparation of a final plat. .~ Revise 32-4 Building Permits Issuance Subject to sewer availability, building permits may be issued after approval of Construction Plans. Such preliminary approval of building permits shall in no way alter the requirement that the final plat be recorded in the office of the Register of Deeds prior to the sale or lease of land or buildings within the subdivision. Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 4. This ordinance is adopted in the. interest of public health, safety, morals and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption Adopted the Th day of January 2002. ~dQ~Q~airman Attest: p.~-