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1997-07-07 RM Exhibits INTRODUCED BY Allen O'Neal, County Manager DATE. July 7 1997 RESOLUTION AUTHORIZING CONVEYANCE OF LOTS TO THE AME ZION HOUSING COMMUNITY DEVELOPMENT CORPORA nON LEGISLATIVE INTENT/PURPOSE. The AME Zion Housing Development Corporation (HOC) is a designated agency to receive surplus property in accordance with the real property policy adopted by City Council and the County Commission. The following lots havc been identified by the AME Zion Housing Development Corporation (HOC) as suitable for construction of owner-occupied, single-family residences. In accordance with the policy the HOC must construct or move existing owner-occupied single family residences onto the lots within 18 months. The HOC has contacted the agencies having priority over the HOC for lot donations (i.e. WHFD and Habitat for Humanity) and these agencies are not interested in the properties. The Wilmington City Council has conveyed its interest in the lots at its February 18, 1997 meeting. RESOLVED' That the County Commission authorizes the conveyance of the below indicated parcels to HOC. Parcel Number 048-13-037-025.000 048-13-018-001000 048-13-020-011 000 054-05-025-008.000 Address 806 Rankin Street 704 Hanover Street 815 Campbell Street 716 Ann Street Lot Dimensions 30' x 65' 33 x 83 41 x 66' 132' x 66' Tax Value $1,696.00 $2,199.00 $1,545.00 $2,827.00 Adopted at a ~ar meetmg on ~ 7 ATIEST ~~~ ,19U Chairman RESOLUTION NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, the Cape Fear Museum's Collection Policy governs two types of collections. the accessioned (artifact) collection and the demonstratIOn collection, and WHEREAS, the demonstration collection contains objects which will not be accessioned mto the collection, but which may be useful in the education and exhibition programs such as. 1 reproductions; 2. objects not of museum quality; 3 objects incompatible with the institutional statement of purpose; 4 duplicates of the accessioned collections; 5 undocumented objects; 6 exhibit props, and, WHEREAS, the Board of Trustees recommend deleting item number three from the collection policy, NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners approve deleting item number three the Cape Fear Collection Policy Adopted this the 7th day of July, 1997 New Hanover County Board of Commissioners 1JJ1J.~ Robert G Greer, Chairman Lu . e F Harrell, Clerk to the Board NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description BRITTANY LAKES SUBDIVISION WHEREAS the attached 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 in red on the attached 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 Commissioners of the County of 7TH day of JULY was duly adopted by the Board of New Hanover at a meeting on the , 1997 hand and official seal this the ~~ , 1997 day of v. e F Harrell, Clerk New an over County Board of Commissioners Form SR-2 Please Note resolute wp Forward direcc to the District Engineer, Division of Highways INTRODUCED BY Allen O'Neal, County Manager DATE. July 7 1997 RESOLUTION AUTIIORIZING CONVEYANCE OF LOTS TO THE WILMJNGTON HOUSING FINANCE AND DEVELOPMENT INe. (WHFD) RESOLVED. In accordance with the real property policy adopted by City Council and the County Commission, the following lots have been identified by Wilmington Housing Finance and Development, Inc. (WHFD) as suitable for construction of owner-occupied, single-family residences. In accordance with the policy, WHFD must construct or move existing owner-occupied single family residences onto the lots within 18 months. The Wilmington City Council will be requested to convey its interest in the lots at its July 15 1997 meeting. NOW THEREFORE, BE IT RESOLVED. That the County Commission authorizes the conveyance of the below indicated parcels to WHFD Parcel Number Address Lot Dimensions Acquired Tax Value 054-09-011-021000 7th Street 37' x 33 1993 $ 1,84700 048-09-038-025.000 917 N. 5th Street 43 x 45 1992 1,242.00 048-09-039-004.000 At 6th Street 65' x 66' 1989 1,225.00 048-09-042-031 000 915 N 8th Street Small triangle 1975 500 00 048-13-013-012.000 507 Hanover Street 40' x 40' Landlocked 1973 1,115 00 048-13-013-032.000 North 6th Street Small 1978 942.00 048-13-018-002.000 618 N 7th Street 33' x 33' 1996 1,038.00 048-13-020-016.000 Off Anderson Street 33' x 62' Landlocked Unknown 735 00 049-13-013-001001 Princess PI. & Henry Very smaIl 1987 1,308.00 049-13-018-041000 3018 Princess PI. Dr 40' x 102' 1988 1,911.00 054-10-018-014.000 714 S 10th Street Landlocked 1980 600 00 054-10-019-006.000 722 N. 9th Street Very small 1983 1,079.00 054-10-019-012.000 Russell Alley 25' x 60' 1988 49100 054-13-002-007000 117 Wright Street At 2nd Street Unknown 3,069 00 054-13-005-001000 915 S. 4th Street 29' x 132' 1989 2,485 00 049-13-003-007 000 3301 Princess PI. Dr. 61 x 85 1995 15,41700 048-14-003-031.001 1300 Rankin Street 64 x 140' Landlocked 1988 3,098.00 BE IT FURTHER RESOLVED. That this action is contingent upon approval by the Wilmington City Council on July 15, 1997 Adopted at a ~ar meetmg on . 7' tI ATTEST 19ft r o~rmmissioners Chairman A RESOLUTION APPROVING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION, AUTHORIZING PUBLICATION OF A NOTICE OF INTENT TO FILE APPLICATION AND FINDING A NEED FOR PROJECTS TO BE FINANCED BY THE ISSUANCE BY THE COUNTY OF NEW HANOVER, NORTH CAROLINA OF GENERAL OBLIGATION BONDS CONSISTING OF $125,000,000 SCHOOL BONDS. BE IT RESOLVED, by the County Commissioners of the County of New Hanover as follows: Improvements to school facilities, construction of new school facilities, related furniture and equipment throughout the County of New Hanover to be financed by general obligation bonds of the County of New Hanover in an amount not to exceed $125,000,000 is determined to be necessary and expedient. 2. The amount of the proposed bond issue is found to be, and has been found by the New Hanover County School Board to be, adequate and not excessive for its purposes. 3 The debt management policies of the County of New Hanover are found to have been carried out in strict compliance with applicable law 4 The budgetary and fiscal management policies ofthe County of New Hanover are found to be carried out in compliance with applicable law 5 The increase in property tax rates to pay the increased debt service requirements resulting from the bonds is hereby found to be not excessive. 6 The filing of an application with the Local Government Commission for approval of the proposed bonds is hereby approved and confirmed, and the County Manager or his designee is to serve as the representative of the County in connection with the application for approval of the bonds with the Local Government Commission and is authorized to cause a notice of intent to file the application to be published. 7 The County Attorney is hereby designated to employ bond counsel to represent the County of New Hanover in the authorization and issuance of bonds. Resolution adopted this 7th day of July 1997 J?u-A~ Robert G. Greer, Chairman New Hanover County Board of Commissioners A RESOLUTION APPROVING THE FILING OF AN APPLICATION WITH THE LOCAL GOVERNMENT COMMISSION, AUTHORlZING PUBLICATION OF A NOTICE OF INTENT TO FILE APPLICATION AND FINDING A NEED FOR PROJECTS TO BE FINANCED BY THE ISSUANCE BY THE COUNTY OF NEW HANOVER, NORTH CAROLINA OF GENERAL OBLIGATION BONDS CONSISTING OF $38.3 MILLION COMMUNITY COLLEGE BONDS. BE IT RESOLVED by the County Commissioners of the County of New Hanover as follows: Improvements to community college facilities, construction of new community college facilities, related furniture and equipment throughout the County of New Hanover to be financed by general obligation bonds of the County of New Hanover in an amount not to exceed $38.3 million is determined to be necessary and expedient. 2. The amount of the proposed bond issue is found to be, and has been found by the Cape Fear Community College Board of Trustees to be, adequate and not excessive for its purposes. 3 The debt management policies of the County of New Hanover are found to have been carried out in strict compliance with applicable law 4 The budgetary and fiscal management policies of the County of New Hanover are found to be carried out in compliance with applicable law 5 The increase in property tax rates to pay the increased debt service requirements resulting from the bonds is hereby found to be not excessive. 6. The filing of an application with the Local Government Commission for approval ofthe proposed bonds is hereby approved and confirmed, and the County Manager or his designee is to serve as the representative of the County in connection with the application for approval of the bonds with the Local Government Commission and is authorized to cause a notice of intent to file the application to be published. 7 The County Attorney is hereby designated to employ bond counsel to represent the County of New Hanover in the authorization and issuance of bonds. Resolution adopted this 7th day of July, 1997 ~~ Robert G. Greer, Chairman New Hanover County Board of Commissioners AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE SUBDIVISION ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER IS, 1965 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN Section I That the Subdivision Ordinance Regulations of the County of New Hanover adopted October IS, 1965 as amended be and the same is hereby further amended as follows. Rewrite Section 52-S Fire Hydrants to read as follows Existing language is hereby deleted. Fire Hvdrants - The Suhdivider shall be responsible for providing adequate fire protection for the subdivision through the provision offire hydrants. These/ire hydrants shall be constructed to specifictions established by the Countv Fire Marshal based on NFPA standards. Hvdrants shall be required as follows. (1) Suhdivision with central water system For any mujor subdivision served by a central water system meeting 'Itate requirements (Section 2101 title 10 - Chapter I VD-NCAC) for fire dhydrants, the subdivider shall be required to install a fire hydrant at the entrance to the subdivision and additional hydrants equal either to the total linear feet of roadwav divided by 1000 or the total number of lots/units divided hy 40, whichever is greater These additional hydrants shall be spaced evenly through the subdivision in order to provide maximum fire protection coverage, as determined by the Countv Fire Marshal. In no case shall a lot/unit be located more than 500 feet from a hydrant. The spacing requirement for attached housing projects shall be 300 feet unless the Fire Marshal upproves otherwise. (a) All hydrants shall have NSFT (National 'Itandurd Fire Thread) (b) All hydrunts shall open counter-clockwise. (c) All hydrants sh(1I be self-draining (2) Subdivision with surfclce water bodies For any major subdivision without an adequate central water system, hut either including or adjacent to an adequate permanent surface water body the subdivider shall be required to do one of the following' (b) Install a dry fire dydrant as close to the waler source as possible with the adequacy o(the water source and the location of the dry/ire hydrant to he determined by the County Fire Marshal, or (b) Establish an easement or road to the water source providing permanent all- weather access that is adequate forfirefighting equipment and vehicles as determined bv the County Fire Marshal. . Section 2. Any ordinance or part of any ordinance in conflict with this ordinance, to the extent of such conflict is hereby repealed. Section 3 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 this 7th dav of July, 1997 ?jjlJ~ Robert G. Greer., Chairman Attest: c;&.'(/~ C k to the Board A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, G.S. 158-71 authorizes counties to make appropriations for the purpose of aiding and encouraging the location of manufacturing enterprises and locating industrial and commercial plants in the County; and WHEREAS, Corning, Inc., the world's largest manufacturer of optical fiber will build a research and development facility in New Hanover County on a fourteen acre site in Northchase Park of Commerce; and WHEREAS, the New Hanover County Board ofComrnissioners desires to encourage such economic growth and development. NOW, THEREFORE, BE IT RESOL VED THAT New Hanover County will contribute to the expansion of Corning, Inc. through. (1) Waiver of building, plumbing, mechanical, and electrical permit fees. (2) Waiver of sewer impact fees. f (3) Expediting of all phases of permitting within the County s authority This the 7th day of July, 1997 New Hanover County /fdIJJL Robert G. Greer, Chairman ATTEST AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO 2 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED December 15, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN Section 1 The Zoning Map of Zoning Area No 2 is hereby amended by removing the hereinafter described tract from the R-15 Residential Zoning District Classification and placing it in the Conditional Use B-2 Highway Business Zoning District Classification, said land being described as follows: Beginning in the southwest corner of Lumina Station as recorded in Deed Book 1870, page 579 running thence South 56 degrees 30 minutes 00 seconds east 642.39 fiet; thence South 26 degrees 22 minutes, 32 seconds west 310. 38feet; thence North 55 degrees 34 minutes 55 seconds West 693.92 feet; thence North 35 degrees 59 minutes 54 seconds East 297 14 feet to the point of beginning. Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning Map of Zoning Area No.2 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. Adopted the 7th day of July 1997 1lu1J~ Robert G. Greer, Chairman Attest: n2\/ /~ ~ the Board AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO 9A OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July I, 1972 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN Section I The Zoning Map of Zoning Area No. 9A is hereby amended by removing the hereinafter described tract from the R-15 Residential Zoning District Classification and placing it in the I-I Industrial Zoning District Classification, said land being described as follows: Beginning at a concrete post located at the northwest corner of lot 12 of Fisherville as shown on a map ofFisherville recorded in Book 67 at page 101 of the New Hanover County Registry running thence North 03 degrees 30 minutes West with and along a common line with Corning, Incorporated, 435.53 feet to a concrete post; running thence North 85 degrees 44 minutes 32 seconds East with and along the Corning line 211.38 feet to an existing iron pipe, running thence South 04 degrees 15 minutes 43 seconds East 370.24 fiet to an existing iron pipe in the Northern line ofFisherville, running thence south 69 degrees 01 minute 04 seconds East 226. 76 fiet to the point of beginning according to a survey by Robert H Goslee & Associates dated February 17 1993, and being the same property described in a deed from Susie Olivia Nesbitt to Johnny Thomas Marley and wife, Patty Marley, dated November 18.1992, and recorded November 20,1992 in Book 1631 at page 1811 of the New Hanover County Registry Section 2. The County Clerk is hereby authorized and directed under the supervision of the County Commissioners to change the Zoning Map of Zoning Area No. 9A 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. Adopted the 7th day of July 1997 WJJL Robert G Greer, Chairman Attest: ~,\/.~ CI to the Board STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER ORDER GRANTING A SPECIAL USE PERMIT IN A CONDITIONAL USE ZONING DISTRICT Specialty Retail, Office and Inn The County Commissioners for New Hanover County having held a public hearing on July 7, 1997 to consider application No. Z-604 submitted by Joel Tomaselli, a request for a Special Use Permit in a Conditional Use Zoning District to use the property located on Southerland A venue, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS I The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Sections 71-1 (3) and 72 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 facilities will be connected to a private community water system and County sewer. B The site has access to Southerland A venue, an open but otherwise unimproved public street. The site will also have access to an existing drive that now serves Phase I of Lumina Station, a mixed used retail/office center located north of and contiguous to the site. This drive provides direct access to Eastwood Road. C. The site is located in the Seagate VFD District. D Part of the site is located in the I 00 Year Flood Plain, however, no buildings are planned in this area. Development in the flood plain will be limited to off-street parking, footbridges for pedestrian use, and road crossings with bridging to support vehicle traffic. 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 applicant has submitted a site plan pursuant to the Zoning Ordinance. B Applicable setback and buffer yards can be met. C. A traffic impact statement has been provided. ~ 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. There is a broad mix of land uses in the general area. Commercial development abuts the site to the north and east. High density residential development is located to the west. Scattered single family dwellings and a large public well facility are located to the south. 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 proposed development would constitute Phase II of Lumina Station. Lumina Station Phase I, located on the adjacent property is a shopping center offering a wide mix of specialty retail, office space and personal services. 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 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 anv 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 I All other applicable federal, state and local laws 2. Site identification sign must be in accordence with Special Highway Overlay District Regulations. 3 Southerland Avenue be upgraded along the sites's frontage consistent with similar improvement made for Phase I of Lumina Station. 4 Only directional lighting be permitted for exterior illumination. S Trees be preserved to the greatest extent practicail. 6 Impervious surfaces be limited to the greatest extent practical in the 100 year flood plain. 7 Uses be limited to those listed in the attached listing. tho 7th day of July, 1997 Ordered IS 14JM.- Robert G. Greer, Chamnan Attest: ~ ~\;/ - Cler to the Board . day of Affirmation thIS _ 1997 , Applicant COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRAt'lTING A SPECIAL USE PERMIT Custom Wood Products The County Commissioners for New Hanover County having held a public hearing on July 7 1997 to consider application number S-408, submitted by Mike Nunnally, a request for a special use permit to use the property located in Murrayville Station Business Park on Capital Drive and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS I The County Commissioners FIND AS A FACT that all of the specific requirements set forth in Section 72 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 Commission,ers make the following FINDINGS OF FACT A. The site is located in an approved industriallbusiness park. Water and sewer services have been installed.. B. The site has access to streets that will be dedicated for public use. C. The site is located in the Wrightsboro VFO D The proposed use does not generate smoke, air borne debris or related by-products. No air quality permit is needed. 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. A site plan pursuant to the Ordinance has been submitted. B. The facility will be located in an existing approved industrial/business park. e. The planned building meets the conditions of the existing conditional use zoning district. 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 adjacent properties within the existing business park are zoned for a wide variety of industrial type uses, commercial services, storage and related uses. B. Though the site is in close proximity to residential lots fronting the west side ofN Kerr Avenue, it will be separated by a 75 foot buffer C. The site only has access to internal streets serving the business park. No access to N. Kerr is permitted. 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 facility would be located in an approved industrial/business park. B. A 75 foot buffer between the rear of the building and North Kerr Avenue will be provided. C. In addition to being located in the business park, the site is in close proximity to the commercial node formed by the intersection ofN. College Road and Murrayville Road. o The site is already zoned conditional use industrial. 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 =HA VE NOT been satisfied, IT IS ORDERED that the application 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' All other applicable federal, state and local laws. Ordered this 7th day of July, 1997 ~jJM- Robert G. Greer, Chairman ~~~~