2005-04-04 RM Exhibits
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description.
Marsh Oaks Drive, Bayfield Drive, Cumberland Place,
Bluffton Court, and Tarrants Court in Marsh Oaks
Subdivision (Division File No 1060-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 DepartmentofTransportationfor 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.
CERTIFICA TE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 4th day of Aoril _ 2005
" WITNESS
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my hand and official
,2005
seal this the
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day of
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Clerk to the Board
New Hanover County Board of
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Form SR-2
Please Note: Forward directly to the DistrIct Engmeer, Division of Highways.
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RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
'WHEREAS the New Hanover County PartnershIp for Children, 111 conjUnctIOn wIth the
NatIOnal ASSOCiatIOn for the EducatIOn of Young ChIldren, are celebratmg the Vi eek of
the Young Child, Apnl 3-9, 2005, and
'WHEREAS since 1997, the New Hanover County Partnershlp for ChIldren has provided
health care, family support, and access to quality and affordable childcare to the 11,500+
chIldren under age SIX that lIve 111 the COilllty; and
WHEREAS over 70% of children ages birth to five in New Hanover County live ill
s111gle parent homes, 16%of children ages birth to five 111 New Hanover County lIve 111
poverty and 6% of clllldren 111 New Hanover County who receive cmld care subsIdy are
emolled In non-lIcensed care SItuatIOns, and
WHEREAS the future of our commumty depends on the quality of early cmldhood
experiences provIded to young children today; and
WHERAS hIgh-qualIty early childhood services represent a worthy commItment to our
cmldren's future;
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of
CommISSIOners does hereby declare the week of April 3-9, 2005 to be the Week ofthe
Young Child in New Hanover County and urges all CItIzens to recognize and support the
needs of our young children.
Adopted tIns, the 4th day of Apnl 2005
New Hanover County Board of CommissIOners
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SheIla Schult, Clerk to the Board
Ro bert G Greer, Chamnan
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
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WHEREAS, ClVltan InternatlOnal was founded m 1917, and
WHEREAS, the 32,000 men and women m 1,200 ClVltan clubs worldWIde work together to make their
commurutles better places m whIch to hve and work; and
WHEREAS, CIVItan promotes good CItizenshIp and challenges all to thmk of CItIzenshIp as a privilege and
responsibihty; and
WHEREAS, ClVltan IS recognized for ItS support of research and treatment of mental illness and
developmental dIsabihtIes through funding of the ClVltan InternatlOnal Research Center; and
WHEREAS, the Wilmmgton CIvitan Club, one ofthe largest m eastern North Carolma, founded m 1938, will
be workmg during the month of April to promote meanmgful mvolvement m commumty actiVIties such as
provIdmg more than 35 volunteers for the Spnng SpecIal OlympiC Games at UNCW
on April 13, 2005,
proVldmg grants to local agencies that serve persons WIth dlsabihtIes m the New
Hanover County area,
proVldmg $20,000 in scholarshIps to deservrng students from lugh schools m New
Hanover and Pender Counties, and
proVldmg for beautIficatlOn and sponsorshIp of a downtown Wilmmgton alley to be
deSIgnated "CIVltan Alley",
NOU~ THEREFORE BE IT PROCLAIMED by the New Hanover County Board of CommIssIoners that the
mOIith of April 2005 IS deSIgnated as Civitan Awareness Month, and all residents of New Hanover and Pender
Comities are encouraged to actively support and take pride m the worthwhile efforts of thiS mternatlOnal servIce
orgaruzatlOn of CIVltanS m our commuruty
Adopted the 4th day of April, 2005
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Robert G Greer, ChaIrman
Attest:
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Sheila L Schult, Clerk to the Board
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RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COM.MISSIONERS
\VHEREAS, thirty five years ago, more than twenty ImllIon Amencans Joined together
on the fust EaIih Day In a demonstratIOn of concern for the envirolllllent; and
WHEREAS, New Hanover County recogIllzes the Importance and specIal quality of our
coastal environment to our conmmlllty; aIld our responsibility for the preservatIOn, protectIOn,
and enhancement of our natural resources as stewards for future generatIOns, and
\VHEREAS, New Hanover County has a vIsion of and commitment to the quality of lIfe
and the future of our conmmnity; and
"WHEREAS, New Hanover County desues to ensure susta111able communities, providing
for the needs of the present without compromising our ability to meet the needs of future
generations, aIld
\VHEREAS, the theme for Earth Day 2005 IS "The Power of InformatIOn: Turn It On!"
and all actIvItles and events of the Earth Day FestIval will educate cItizens on the importance of
acting in an envIronmentally sensitIve maimer by protectl11g water quality, recycling, conservmg
energy and water, USl11g efficIent traI1SportatIOn, green gardenl11g and lawn CaI-e, and adoptmg a
more ecologically sound aIld sustal11able lifestyle;
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover COilllty Board of
Commissioners does hereby officIally proclalln Saturday, Apnl 23, 2005 Earth Day in New
Hanover County and that day shall be set aside for a public festival.
ThIs the 4th day of April, 2005
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Robeli G Greer, Chairman
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RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Fair Housing Month
Apri12005
WHEREAS, tb.e New Hanover Human RelaTIons CommIssIon and tb.e Fnends of Human
RelaTIons are sponsormg Fall: Housmg Month, and
WHEREAS, the New Hanover Human RelaTIons COImmssIon seeks the elnmnaTIon ofhousmg
ruscl1lmnaTIon through pubhc awareness and housmg COlmnUl11ty educaTIon and understandmg ofFarr
Housmg Laws, and
WHEREAS, we. encourage all ClTIzens to respect, work, and support the estabhslunent of farr
and eqUltable housmg for all persons regardless of race, rehglOn, sex, color, rusability, and familial status,
and
WHEREAS, through personal COImmTInent to the value of Jusp.ce and CIvil RIghts, speclfically
as they pertam to housmg each of us can help toprese1\Te, protect, and pel-petuate the nghts of others
to freedom, liberty, and JusTIce.
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of
COtnmlSSlOners that the month of April 2005, be declared
Pair Housing Month in New Hanover County
We call upon all cItlzens to Jom forces m creatlng and practlcmg a mutual bond of recogruzmg and
respectlng rufferences, and resolve to accept a personal challenge to pruvlde farr housmg opportul11tles
to all cITIzens of New Hanover County
Adopted tlllS, tlle 4th day of April, 2005
A TrEST
Robert G Greer, Chamnan
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Sheila L. Schult, Clerk to tlle Board
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NE\V HANOVER COUNTY BOARD OF COM1\llSSIONERS
PROCLAMATION
\"VHEREAS, emergencIes requmng law enforcement, fIre or emergency medIcal serVIce
occur day and mght; and
'WHEREAS, when an emergency occurs, the prompt response of polIce, firefighters and
paramedIcs IS cntIcal to the protectIon of lIfe and preservatIOn of property; and
\VHEREAS, PublIc Safety Telecomulllcators are the first and most cntIcal contact our
CItIzens have vVIth emergency servIces and have contributed substantIally to the apprehenSIOn
of cnlTImals, suppressIon offrres and treatment of emergency medIcal patIents, and
WHEREAS, m2004, the New Hanover COilll1:y PublIc Safety ConllnillllcatIOns Department
fielded 361,397 calls from CItIZens, a 2,000 callmcrease from the preVIOUS year; and
\VHEREAS, the servIce provIded by publIc safety telecommillllcators IS a silent serVIce,
seldomly observed and recogruzed by the publIc, and
"WHEREAS, the second full week of April has been desIgnated by the PreSIdent and
Congress of the United States as NatIOnal PublIc Safety Telecommul1lcators week;
NOW, THEREFORE BE IT RESOLVED, that the New Hanover COillIty Board of
COml1llSSIOners does hereby declare the week of April 1 0-16, 2005 to be NatIOnal PublIc
Safety Teleconm1illncators Week in Neyv Hanover COilllty, m honor of the men and women
whose diligence and profeSSIOnalism keep our commumty safer.
Adopted tlllS, the 4th day of April 2005
New Hanover COilllty Board of ConmllSSlOners
[Attest]
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Robert G Greer, Chaml1al1
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NEW HANOVER COUNTY BOARD OF COUNTY COMMISSIONERS
A PROCLAMATION
APPRECIATION WEEK
FOR
SOCIAL SERVICES EMPLOYEES
APRIL 17-23,2005
WHEREAS, dedicated men and women in the New Hanover County Department
of Social Services provIde services and support for thousands of our citIzens; and
WHEREAS, these Social Services profeSSIOnals accomplish many goals In theIr
life's work; they provIde financial and medIcal assIstance for those unable to meet basIc
needs; protect children, older adults and the dIsabled, guide the needy toward self-
sufficIency through education and Job placement; offer services to children, older adults
and the disabled that enhance their quality of life and provide administratIve support for
program operations; and
WHEREAS, these Social ServIces profeSSIOnals are dedicated to improving the
quality of life for the citizens of thIS County, and they also stnve to improve the delivery
of services and to operate social services programs as effiCIently and effectively as
, possible;
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County
Board of Commissioners proclaims the week of Apnl 17-23, 2005, "APPRECIATION
WEEK FOR DEPARTMENT OF SOCIAL SERVICES EMPLOYEES" in New Hanover
County, and urges our CItizens to recognize these professionals and commend them for
their efforts.
Adopted this 4th day of April, 2005.
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Robert G. Greer, Chairman
New Hanover County
NORT!-l-e-CAROLIN....
Attest.
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SheIla L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
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PROCLAMATION
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WHEREAS. sexual assault affects every person m New Hanover County as a vIctIm or SUrvIvor, or as a fanuly ,,,I
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member, sIgmficant other, neIghbor, co-worker ofa SUrvIvor, With over 349 rape and sexual abuse VIctlms served m :"l
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SEXUAL AS SAUL T AWARENESS MONTH
APRIL 2005
WHEREAS. many CItIzens ofWilmmgton, North Carolma are workmg to proVIde qUalIty servIces and aSSIstance to
sexual assault VIctIms or SUrvIVOrS, mcludmg dedIcated commumty volunteers, who prOVIde CrISIS response on hotlmes
and respond to emergency departments to offer support, proVIde comfort and offer advocacy dUrIng forensIc medIcal
exams, cnmmal proceedmgs, and throughout the healmg process, and
WHEREAS, the New Hanover County Rape CnsIS Center staff and volunteers are promotmg preventIOn and H;
awareness education by offerIng trailllng to schools, churches, CiVIC organIZatIOns, as well as professIOnal trammg for 1\'
medlCal, mental health, law enforcement, educatIOn and cnmmal Justlce personnel regardmg sexual assault Issues and i)~
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VIctIm response, reaching over 2,690 partICIpants, and
WHEREAS, m cooperatlOn WIth Child Abuse PreventIOn Month efforts, It IS Important to alert New Hanover
County that of the 3,177 children affected by child abuse last year, 78 of these children expenenced duld seA'Ual abuse;
and
WHEREAS, The Rape CrISIS Center of Coastal Honzons Center, Inc and the New Hanover County SeA'Ual Assault
Response Team request publIc support and aSSIstance m aspmng toward a SOCIety where all women, children and men
can live in peace, free from sexual VIOlence, rape, sexual abuse and sexual explOltatlOn m all ItS forms
NOW, THEREFORE BE IT RESOLVED THAT the New Hanover County Board of CommiSSIOners
proclaim the month of April, 2005 as SEXUAL ASSAULT AWARENESS MONTH,
AND, BE IT FURltlER RESOLVED, that the Board of County Comn1lSsIOners pledge themselves and ask our
CItIzens, public and prIvate, profeSSIOnal and volunteer, to redouble theIr efforts to oblIterate sexual VIOlence from our
fanuhes, our neIghborhoods and our communIty
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Adopted thIS the fourth day of April, 2005
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Robert G Greer, ChaIrman
ATTEST
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Sheila L Schult, Clerk to the Board
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NE'W HANOVER COUNTY BOARD OF COMl\lISSIONERS
PROCLAMATION
WHEREAS, ChIld Abuse contmues at near record levels across our Nation and our
State, and
\VHEREAS, In FIscal Year 2003-2004, there were 2,058 child abuse and neglect reports
involvIng 3,177 children m New Hanover County; and
'WHEREAS, 759 children In New Hanover County were found to be abused or
neglected, and
'WHEREAS, April 2005 has been proclaImed ChIld Abuse Prevention Month In North
CarolIna, and
"IHEREAS, beyond the famIly umt, the effects of ChIld Abuse are most immediately
felt In neighborhoods and commumtIes, and
WHEREAS, ChIld Abuse, like other crimes and social problems, destroys the tranqUIlIty
of famIlIes, neIghborhoods and commumtIes and robs chIldren oftheIr childhoods and
neighborhoods of theIr VItality; and
"IHEREAS, the family umt IS the buildIng block ofthe commumty, and healthy famIlIes
make healthy commumtIes, and
"IHEREAS, the most effectIve solutions are local solutIOns and they are wIthm our
community, professionals of all diSCIplInes and volunteers from all walks of lIfe
dedIcated to the amelIoration of effects of child abuse,
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of
CommISSIOners proclaIm the month of Apnl, 2005 CHILD ABUSE PREVENTION
MONTH; and
BE IT FURTHER RESOLVED, that the Board of County CommIssioners pledge
themselves and ask our CItizens, public and pnvate, professional and volunteer, to
redouble theIr efforts to oblIterate the SOCIal problem of child abuse from our famIlIes,
our neIghborhoods and our commumty
Adopted this the 4th day of Apnl, 2005
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Robert G Greer, ChaIrman
ATTEST
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SheIla L Schult, Clerk to the Board
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For a Convenience Food Store in an AR Airport Residential District
S-526, 02/05
The County CommissIOners for New Hanover County havmg held a public hearmg on Apnl 4, 2005 to
consider apphcatIOn number S-526 submItted by Mihaly-Clrello for Charles Joyce a for a Special Use
Permit to locate a Convemence Food Store m an AR Airport ResidentIal District located m the northern
comer of the IntersectIOn of North Kerr Avenue and Gordon Road and having heard all ofthe evidence
and arguments presented at the heanng, make the followmg FINDINGS OF FACT and draw the
following CONCLUSIONS
1. The County CommiSSIOners FIND AS A FACT that all of the specific reqUirements set forth m
SectIOn 72-27 of the County Zonmg Ordmance 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 gereral '
requirement listed in the Ordmance; namely that the use WIll not matenally endanger the pubhc health
or safety If located where proposed and developed accordmg to the plan as submitted and approved.
In support of this conclusIOn, the CommissIOners make the followmg FINDINGS OF FACT
A. The site is located in the Wrightsboro VFD.
B. The site is served by private well and County sewer.
C. The site has direct access to Gordon Road and North Kerr Avenue
which are both classified by the Thoroughfare Classification Plan as
a Collector Road.
3. It is the County CommIssIOners' CONCLUSION that the proposed use DOES satisfy the second
general reqUirement hsted in the Ordmance, namely that the use meets all reqUired conditions and
specIficatIOns. In support of this conclusIOn, the CommissIOners make the following FINDINGS OF
FACT
A. A site plan that meets the requirements of the Zoning Ordinance has
been submitted.
B. Field observation indicates t4at there are trees on the site which
meet the definition of significant trees and will likely be impacted
by the proposed project.
C. Prior to any development, a tree inventory, detailed landscape and
development plans in accordance with the applicable sections of the
ordinance will be submitted.
D. There are two proposed entrances to the property through existing
residential driveway locations. The proposed entrances will be
upgraded per any NCDOT requirements.
4. It IS the County Commissioners' CONCLUSION that the proposed use DOES satisfy the thIrd
general reqUirement hsted m the Ordmance, namely that the use will not substantially mJure the value
of adJommg or abutting property, or that the use is a public necessity. In support of this conclusIOn,
the CommiSSIOners make the followmg FINDINGS OF FACT.
A. The subject property is zoned AR Airport Residential.
B. Convenience food stores with gasoline sales are permitted by special
use permit within the AR District.
C. The subject property is approximately 1.3 acres. The AR district is
limited to one dwelling unit per acre.
D. Traffic counts performed in 2003 by the Metropolitan Planning
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Organization at this location indicate that there are approximately
13,715 average daily trips on North Kerr and 6,199 average daily
trips on Gordon Road.
E. There are a variety of single family houses and mobile homes in the
area and landscape buffering will be provided to protect the
adjacent residents from any negative effects of the project.
F. The current property owner lives directly across from the subject
property.
G. No evidence has been presented that this project will decrease the
value of adjoining property.
5. It is the County CommiSSIOners' CONCLUSION that the proposed use DOES satisfy the fourth
general requirement hsted III the Ordlllance; namely that the locatIOn and character of the use If
developed accordlllg to the plan as submitted and approved will be III harmony wIth the area in which
It IS to be located and III general conformity with the plan of development for New Hanover County
In support of this conclusIOn, the Commissioners make the followlllg FINDINGS OF FACT'
A. The 1999 Land Classification Plan Identifies this area as Urban TransitIOn. The purpose of the Urban
TransItion class IS to proVide for future intensive urban development on lands that have been or will be
provided with necessary urban services.
B. NeIghborhood convemence stores are allowed by special use permit III residential areas.
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
apphcatIOn for the Issuance of a SPECIAL USE PERMIT BE GRANTED subject to 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.
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 All other applic~ble federal, state and local laws.
2. The hours of operation shall be limited to 5:30am to 11:30pm.
3. Lighting for the site shall be directed downward and shall be
contained on the site.
4 No gasoline sales are permitted at this time.
Ordered thiS 4th day of Apn12005.
Attest:
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Wilham A. Caster, VICe-ChaIrman
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Clerk to the Board
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For a Duplex in an R-IO Residential District
S-527,03/05
The County CommiSSIOners for New Hanover <;o}lJ:1ty having held a public hearing on Apnl 4, 2005 to
consIder applicatIOn number S-527 submitted by Lmda Crafts for a special use permit to locate a duplex
man R-lO ReSIdential District located at 605 Shawnee Trall and havIng heard all of the eVidence and
arguments presented at the heanng, make the followmg FINDINGS OF FACT and draw the following
CONCLUSIONS' .
1. The County CommiSSIOners FIND AS A FACT that all of the specific reqUlrements set forth m
SectIOn 72-27 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
reqUlrement listed In the Ordinance; namely that the use will not matenally endanger the public health
or safety If located where proposed and developed accordmg 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 located within the Myrtle Grove VFD.
B. The site fronts on Shawnee Trail and has access to Red Heart Drive,
which is a public right-of-way.
C. The site is served by City Water and County Sewer.
D. The proposed duplex is an addition to the side of the existing home
- and contains independent cooking and sleeping facilities.
3. It IS the County CommiSSIOners' CONCLUSION that the proposed use DOES satisfy the second
general reqUlrement listed m the OrdInance, namely that the use meets all reqUIred conditIOns and
speCifications. In support ofthis conclUSIOn, the Commissioners make the follOWIng FINDINGS OF
FACT
A. The subject parcel is within the R-I0 Residential Zoning District
and is approximately 20,800 s.f.
B. The proposed project meets all required setbacks.
C. Duplexes are permitted by special use permit in the R-I0
Residential District provided the lot is a minimum of 15,000 s.f.
4. It IS the County Commissioners' CONCLUSION that the proposed use DOES satisfy the thIrd
general reqUlrement listed 10 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 oft1us conclusion,
the CommiSSIOners make the follOWIng FINDINGS OF FACT
A. The subject property is located in an R-I0 residential district.
Duplexes are permitted by special use permit in the R-I0 district.
B. No evidence has been presented to indicate that the proposed use
will injure property values.
5. It is the County CommiSSIOners' CONCLUSION that the proposed use DOES satisfy the fourth
general reqUlrement listed m 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 concluslOn, the CommiSSIOners make the following FINDINGS OF FACT'
-,
A. The site is classified as Developed by the New Hanover County
Comprehensive Plan. The purpose of the developed class is to
provide for continued intensive development and redevelopment of
existing urban areas.
B. Housing policies in the comprehensive plan state that "The County
and City shall continue to support and enhance a broad range of
affordable housing programs and increase affordable rental
housing. "
6. Therefore, because the County Commissioners conclude that all of the general andi 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 followmg
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.
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 All other applicable federal, state and local laws.
Ordered this 4th day of Apnl 2005
Attest:
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Wilham A. Caster, Vice-Chairman
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Clerk to the Board
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For an Ambulatory Surgery Clinic
in a CD(O&I) Conditional Use Office and Institutional Zoning District
Z- 795, 03/05
The County CommiSSIOners for New Hanover County havmg held a public heanng on Apnl 4, 2005 to
conSider apphcatlOn number Z-795 submitted by LandDesIgn for SENCA Properties, LLC for an
Ambulatory Surgery Chmc m a CD(O&I) Conditional Use Office and InstitutIOnal Distnct located m the
9000 block of Market Street on the east side between Creekwood Road and the New Hanover-Pender
County Lme and havmg heard all of the eVIdence and arguments presented at the hearmg, make the
followmg FINDINGS OF FACT and draw the following CONCLUSIONS
1. The County CommiSSIOners FIND AS A FACT that all of the speCific requirements set forth m
SectIOn 72-27 of the County Zoning Ordmance WILL be satisfied if the property is developed m
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 m the Ordmance, namely that the use will not materIally endanger the pubhc health
or safety If located where proposed and developed accordmg to the plan as submitted and approved.
In support of this conclusion, the CommISSIOners make the followmg FINDINGS OF FACT
A. The subject property is located within the Ogden VFD.
B. The site has access to Market Street (US 17) which is classified as
an Arterial Road by the New Hanover County Thoroughfare
Classification Plan.
C. County Water and Sewer is proposed.
D. The proposed project includes approximately 6I acres.
3. It IS the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second
general reqUIrement lIsted m the Ordmance; namely that the use meets all reqUIred conditions and
speCificatIOns. In support of this conclUSIOn, the CommiSSIOners make the followmg FINDINGS OF
FACT
A. The project is proposed as an Ambulatory Surgery Clinic. Hospitals
are permitted in the 0&1 zoning district.
B. A site plan which can meet all of the conditions of the zoning
ordinance has been submitted.
C. Minimum setbacks and buffers from residential districts and right of
ways are shown on the plan.
D. A traffic impact analysis has been provided.
E. Detailed site plans will be submitted for permitting. Some minor
changes may occur as a result of detailed site plan review.
4. It IS the County CommISSIOners' CONCLUSION that the proposed use DOES satisfy the third
general requirement hsted m the Ordmance; namely that the use will not substantlally injure the value
of adJommg or abutting property, or that the use is a publIc necessity. In support of this conclUSIOn,
the CommIssioners make the followmg FINDINGS OF FACT:
A. The proposed zoning for the subject property is Conditional Use 0&1
B. Hospitals are permitted in the 0&1 district.
C. No other medical facilities of this type are available nearby.
D. The subject parcel is part of a larger parcel. The surrounding
property is vacant and zoned R-15 residential.
E. No evidence has been presented to indicate that the proposed use
will injure property values.
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 accordmg to the plan as submitted and approved will be In harmony With the area in which
it is to be located and m general conformity with the plan of development for New Hanover County.
In support of this conclUSIOn, the CommissIoners make the followmg FINDINGS OF FACT:
A. The site is classified as Resource Protection by the New Hanover
County Comprehensive Plan. The purpose of the Resource Protection
class is to provide for the preservation and protection of important
natural, historic, scenic, wildlife and recreational resources. The
Resource Protection class has been developed in recognition of the
fact that New Hanover County, one of the most urbanized counties in
the State, still contains numerous areas of environmental or cultural
sensitivity which merit protection from urban land uses.
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 followmg
conditlOns:
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.
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:
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2
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All other applicable federal, state and local laws.
A tree survey of all regulated and significant trees shall be
provided prior to land disturbance.
Intersection designs shall be consistent with any access
management plan for the 17 corridor which may include the
relocation or elimination of driveways.
1.j~ (:1 ~
William A. Caster, VIce-Chairman
Attest:
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Clerk to the Board
2. 13 I .S. S'f
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AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No.5
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOr lED July 6, 1971
Z- 795, 03/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN'
Section lA. The Zomng Map of Zomng Area No.5 IS hereby amended by removmg the hereInafter
described tract from the CD(O&I) CondItional Use Office and Instltutlonal District Classification and and placmg It
m the R-15 Residentml Zoning District Classification, said land bemg described as follows:
A certain tract or parcel ofland lying and being in Harnett Township, New Hanover County, North Carolma and bemg a portion
of that tract of land identified as tax parcel R02900002008000 south ofU S. Highway 17, records of New Hanover County, .
North Carolina, and bemg more particularly described as follows:
BEGINNING at a point in the southeastern most right-of-way line of said u.s. Highway 17, a variable width public right-of-
way, saidpoint lying S 53-42-40 E 187 OOft. and S 51-22-09 E 27200 'from the northernmost corner of the overall tract along
said right-of-way line, thence from said beginning point, leaving said right-of-way and with a new line along the southernmost
line of afuture public right-of-way S 42-54-44 W 465 66ft. to a point, thence leaving saidfuture right-of-way a new line S 47-
05-16 E 32748 ft. to a point, thence N 42-54-44 E 427 63 ft. to a point in the southeasternmost right-of-way line of u.s.
Highway 17, thence with said right-of-way N 53-42-40 W 329 68 ft. to the Point of Beginning and containing 3 36 acres
according to a Preliminary Sketch Plan prepared by Hanover Design Services, PA.
Section lB. The Zonmg Map of Zoning Area No.5 IS hereby amended by removmg the herem after
described tract from the R-15 ResIdentlal Zonmg Distnct ClassIficatIOn and placmg it m the CD(O&I) ConditIOnal
Use Office & InstItutional DIstrict Classificatlon, Said land bemg described as follows
Reference: Rezoning 6.71 acres - 0&1
A certain tract or parcel of land lying and being in Harnett Township, New
Hanover County, North Carolina and being part of those tracts as shown on map
book 36 page 204, records of New Hanover County, and being more particularly
described as follows:
Beginning at a point on the eastern right of way of U.S. Highway No. 17, said
point being located N 39-25-21 E 1156.26 ft. from N.C. Grid Monument "Tee" (N
= 207,631.681 ft., E = 2,370,385.203 ft.), said point having N.C. Grid coordinates
N = 208,524.871 ft. E = 2,371,119.468 ft. Proceed from said point of be ginning
and with said eastern right of way N 36-17-20 E 169.17 ft. to a right of way disk;
thence with a curve concave to the right having a radius of 3346.87 ft. and a
chord N 38-37-15 E 272.39 ft. to a point at the northwestern corner of Tract 100
(map book 36 page 204); thence with a curve concave to the right having a radius
of 3346.87 ft. and a chord N 41-49-01 E 105.01 ft. to a point; thence leaving U.S.
Highway No. 17 and with Tract 100 S 47-07-50 E 385.29 ft. to an iron; thence
leaving Tract lOO a new line S 47-07-50 E 183.84 ft. to a point; thence S 40-06-21
W 172.37 ft. to"the point of curvature of a curve concave to the right having a
radius OfS12.00 ft. and a chord S 55-34-09 W 273.02 ft. to the point of tangency;
thence S 71-01-57 W 103-43 ft. to a non-tangent point of curvature of a curve
concave to the right having a radius of 527.10 ft. and a chord S 17-04-34 E 34.80
ft. to a point; thence S 74-48-56 W 60.00 ft. to a point on curve of a curve
concave to the left having a radius of 467.10 ft. and a chord N 32-38-08 W 280.16
ft. to the point of tangency; thence N 53-19-47 W 155.14 ft. to the point of
beginning and containing 6.71 acres according to a partial survey and
computations based on map book 36 page 204.
All bearings are N.C. Grid N.A.D. 83
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Sectlon 2. The County Clerk IS hereby authonzed and directed under the supervisIOn of the County CommiSSIOners
to Change the Zoning Map No 5 on file m the office of the County Commissioners, so as to make It comply with
this ordmance
SectIOn 3 Any ordmance or any part of any ordmance m conflIct With this ordmance, to the extent of such conflict,
IS hereby repealed.
SectIOn 4 This ordmance IS adopted m the mterest of public health, safety, morals and general welfare of the
mhabltants ofthe County of New Hanover, North Carohna, and shall be m full force and effect from and after ItS
adoptIOn.
Adopted the 4th day of Apnl, 2005
Attest:
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William A. Caster, Vice-Chairman
'\\~o- \ ~W\
Clerk to the Board