2002-01-07 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.
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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.
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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.
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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.
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:'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:
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