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HomeMy WebLinkAbout1997-09-02 RM Exhibit NEW HANOVER COUNTY BOARD OF COMMISSIONERS PROCLAMATION Senior Retiree Appreciation Week WHEREAS, a growing number of senior retirees are associating themselves wIth our community; and WHEREAS, more than one thousand senior retirees are helping our community by freely giving service as RSVP volunteers; and WHEREAS, countless numbers of senior retirees are offering assistance to our community by their involvement in religious and civic organizations, and WHEREAS, our community depends greatly on the willingness of individuals to share their time and talents, and WHEREAS, New Hanover County recognizes the significance of retired individuals who are willing to share their years of knowledge and experience; NOW, THEREFORE, BE IT PROCLAIMED, by the New Hanover County Board of CommlsslOners, to designate the week of September 8 - 12, 1997, as Senior Retiree Appreciation Week in New Hanover County, North Carolina, and to encourage all citizens to express their appreciation by becoming more involved in the life of our community This the 2nd day of September, 1997 17~~ Robert G. Greer, Chairman NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION REQUEST FOR ADDITION TO STATE MAINTAINED SECONDARY ROAD SYSTEM North Carolina County of New Hanover Road(s) Description DUTCH SQUARE INDUSTRIAL PARK WHEREAS, the attached petition has been filed with the Board of County Commissioners of the County of New Hanover requesting that the above described raad(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 raad(s) and to take over the raad(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 2ND day of SEPTEMBER , 1997 my hand and official seal this the oP~ , 1997 day of ~AF ~~r~~ ~over County Board of Commissioners Form SR-2 Please Note resolute wp Forward direc~ to the Distric~ Engineer, Division of Highways RESOLUTION OF THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 300 p.m., on the 24th day of July 1997 at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for a CRTMS System for the Sheriff s Department, Bid # 98-0041 Vision Software, Inc $171 65500 $320667.97 HTE, Inc. AND WHEREAS, the bid proposal received from Vision Software, Inc. was affordable but did not comply with the bid specifications as written and the bid proposal received from HTE, Inc. exceeded the amount anticipated for the project; AND WHEREAS, considering these factors the Sheriff, the Finance Director and the County Manager recommend rejection of both bids and directs staff to modify specifications and re-bid project at a later date; NOW TIfEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that all bids received for a CRIMS System for the Sheriffs Department, Bid # 98-0041 be rejected that the staffis directed to modify specifications and re-bid at a later date. This 2nd day of September 1997 (SEAL) ~ Chairman, Board of County Commissioners ATTEST ~ ~)V~ CI rk to the Board Ted Davis, Jr. Commissioner @ffice nf ~octrb of ([ommtsston.ers ~ e{n ;Mann&ec (lInunt!! 32U (lIqestnut J&treet, ~nnm 3US ~i1mingtnn, ~nrtq (lIarnlina 284Ul-4U93 Wdepqnne (91U) 341-7149 Jlfax (910) 341-413U Robert G. Greer Chairman William A. Caster Vice Chairman Buzz Blrzenleks Commissioner Allen O'Neal County Manager Charles R. Howell Commissioner Lucie F Harrell Clerk to the Board RESOLUTION AUTHORIZING STATE OF NC COUNTY OF NEW HANOVER TO ENTER INTO AN AGREEMENT WITH THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION A motion was made b~d seconded b~ adoption of the following resolution, and up being put to a vote was duly adopted. WHEREAS, the North Carolina County of New Hanover has requested the North Carolina Department of Transportation to assist in the funding to obtain computers/software for a pilot called Mini-Pass. Mini-Pass is a scheduling/dispatching software used by transit/paratransit systems for more effective and efficient utilization of human and capital resources. New Hanover County will be the first project to seek to network County departmental computers with private operator equipment for more efficient scheduling of human service trips. The projected cost is $20 930 to fund computers appropriate software packages; and WHEREAS the North Carolina County of New Hanover will provide 10% ($2,093) of the cost of the above described project; NOW THEREFORE, BE IT RESOLVED that the New Hanover County Manager is hereby authorized to enter into a contract with the Department of Transportation and execute all agreements and contracts with the North Carolina Department of Transportation, Public Transportation Division. I, Lucie Harrell, New Hanover County Clerk do hereby certify that the above is a true and correct copy of an excerpt for the minutes of ~eetlM.Of the Board of Commissioners of New Hanover County duly held on th~ day of 'f~J, 19i1 ~'(/~1/~ Sig re of Certifying Official RESOLUTION Requesting lFEMA Designate New Hanover County and The City of Wilmington as a Disaster Resistant Community WHEREAS, New Hanover County, The City of Wilmington and the other municipalities of New Hanover County are prone to Atlantic Coast Hurricanes, and WHEREAS, New Hanover County and the municipalities therein received substantial damage from the Hurricanes named Bertha and Fran in the summer of 1996, and WHEREAS, our communities, have recovered from the storms and were successful examples of teamwork and preparation, and WHEREAS, New Hanover County and the City of Wilmington are under consideration for receipt of resources, grant funding and support from the Federal Emergency Management Association for designation as a Disaster Resistant Community NOW, THEREFORE BE IT RESOLVED that the New Hanover County Board of Commissioners respectfully request FEMA Director James Lee Witt declare New Hanover County and the City of Wilmington as a Disaster Resistant Community and that associated resources, support and funding be forthcoming from the research, development and education of the community to fully warrant the declaration and title of Disaster Resistant Community BE IT FURTHER RESOL VED that the elected officials and professional staffs ofthe County of New Hanover and the City of Wilmington be dedicated to completing and fulfilling all of the obligations necessary to fully develop and implement the Disaster Resistant Community concept. On behalf of the citizens of New Hanover County and the New Hanover County Board of Commissioners. I, Robert G. Greer, am hereby authorized by the New Hanover County Board of Commissioners to submit this resolution to James Lee Witt, Director, Federal Emergency Management Association. Adopted this the 2nd day of September, 1997 [SEAL] d of Commissioners ~,V/xL,dI__ L ie F Harrell, Clerk to the Board COUNTY OF NEW HAt~OVER STATE OF NORTH CAROLINA ORDER DENYING A SPECIAL USE PERMIT Child Day Care Center The County Commissioners for New Hanover County having held a public hearing on September 2,1997, to consider application number S-412, 8/97, submitted by Cinnamin Herring, a request for a special use permit to use the property located at 110 Elisha 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 NOT 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 NOT 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 use would not be in harmony with the surrounding residential development because the residential structure would be totally devoted to day care instead of being owner-occupied as is common in residential settings. 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 NOT been satisfied, IT IS ORDERED that the apphcation for the issuance of a SPECIAL USE PEIUvlIT BE DENIED Ordered this 2nd day of September, 1997 llu~ Robert G. Greer, Chairman ~,\y~ CI k to th~ Boai-d - AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN Section I That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969 as amended be and the same is hereby further amended as follows: -Revise 594-3 Conservation Resources (2) Archeological/Historical Resources to read. (2) ArcheologicallHistorical Resources and Cemeteries -Revise Worktable for Determining Required Conservation Space and Developable Land as follows: Conservation Resource Importance Value Acreage of Resource on Parcel Conservation Space Factor Minimum Conservation Space Cemeteries (13) I 0 Section 2. Any ordinance or part of any ordinanee in conflie! with this ordinance, to the extent of such confliet is hereby repealed. Seetion 3 This ordinanee is adopted in the interest of publie health, safety morals, and general welfare of the inhabitants of the County of New Hanover North Carolina, and shall be in full foree and effect from and after its adoption. Adopted this 2nd day of September 1997 1?~.- Robert G Greer, Chairman C1:~, ~,y(~ ' k to the Board AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6,1969 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1 That the Zoning Ordinance of the Countv of New Hanover adopted October 6 1969 as amended be and the same is hereby further amended as follows: Rewrite 112-5(5) to read. 1 12 5(5} A cause of action as the the validity of this Zoning Ordinance, or amendment thereto, adopted bv the Countv Commissioners shall accrue upon adoption of the Ordinance or amendment thereto and shall be brought within two months as provided in N C. General Statutes I-54 1 as amended. Section 2. Any ordinance or part of anv ordinance in conflict with this ordinance, to the extent of such conflict is herebv 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 trom and after its adoption. Adopted this 2nd dav of September 1997 ~~ Robert G. Greer, Chairman ~~7~~ C k to the Board AN EMERGENCY PROCLAMATION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, New Hanover County suffered a 'major disaster" September 5 and 6, 1996 when struck by Hurricane Fran; and WHEREAS, severe property damage occurred within New Hanover County creating drainage obstructions on public and private property; and WHEREAS, pursuant to Chapter 6.7-23(c) of the New Hanover County Code, an emergency proclamation may be issued to maintain order and protect lives or property during the state of emergency' and WHEREAS, the County still has sewer drainage obstructions on public and private property, NOW, THEREFORE, IT IS PROCLAIMED by the Chairman of the New Hanover County Board of Commissioners that it is necessary to authorize County officials, their agents, or assigns to continue entering onto private property within New Hanover County for the purpose of removing drainage obstructions. IT IS FURTHER PROCLAIMED that this proclamation shall take effect upon its execution, and shall remain in effect until March 31, 1998. This the 2nd day of September, 1997 [S NEW HANOVER COUNTY 'l~ Robert G. Greer, Chairman Board of County Commissioners ATTEST ~~G~~ A RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, the New Hanover County Board of Commissioners has adopted the bond orders hereinafter described authorizing the issuance of$125,000,000 school bonds and $38,300,000 community college bonds, and those bond orders and the indebtedness to be incurred by the issuance of those bonds and the tax to be levied for the payment of those bonds should be submitted to the voters of the County of New Hanover for their approval or disap- proval in order to comply with the Constitution and laws of North Carolina; NOW, THEREFORE, BE IT RESOLVED, by the Board as follows: (I) The questions whether the qualified voters of the County of New Hanover shall approve or disapprove (a) the indebtedness to be incurred by the issuance of the bonds of the County authorized by those bond orders, which indebtedness shall be secured by a pledge of the County's faith and credit, (b) the levy ofa tax for the payment thereof, and (c) those bond orders, shall be submitted to the qualified voters of the County at an election to be held in the County on November 4, 1997 (2) The Clerk is hereby authorized and directed to publish a notice of that election, which shall be in substantially the following form. THE COUNTY OF NEW HANOVER, NORTH CAROLINA NOTICE OF SPECIAL BOND ELECTION NOTICE IS HEREBY GIVEN that a special bond election will be held in the County of New Hanover, North Carolina, on November 4, 1997 for the purpose of submitting to the qualified voters of the County the questions whether they shall approve or disapprove (I) the indebtedness to be incurred by the issuance of bonds of the County of the maximum principal amount of$125,000,000, which indebtedness shall be secured by a pledge of the County's faith and credit, and (2) the levy of a tax for the payment of those bonds, and (3) the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $125,000,000 SCHOOL BONDS OF THE COUNTY OF NEW HANOVER," adopted by the Board of Commissioners to authorize the issuance of those bonds and the levy of that tax and whether they shall approve or disapprove (I) the indebtedness to be incurred by the issuance of bonds of the County of the maximum principal amount of $38,300,000, which indebtedness shall be secured by a pledge of the County's faith and credit, and (2) the levy of a tax for the payment of those bonds, and (3) the bond order entitled, "BOND ORDER AUTHORIZING THE ISSUANCE OF $38,300,000 COMMUNITY COLLEGE BONDS OF THE COUNTY OF NEW HANOVER," adopted by the Board of Commissioners to authorize the issuance of those bonds and the levy of that tax. The $125,000,000 school bonds are authorized to pay capital costs of providing school facilities, including the acquisition and construction of new school facilities, the improvement and expansion of existing school facilities and the acquisition and installation of furnishings and equipment and the acquisition of interests in real property required therefor. The $38,300,000 community college bonds are authorized to pay capital costs of providing community college facilities, including the acquisition and construction of new community college facilities, the improvement and expansion of existing community college facilities and the acquisition and installation of furnishings and equipment and the acquisition of interests in real property required therefor. The ballots to be used at the election shall contain the words, "SHALL the order authorizing $125,000,000 of bonds secured by a pledge of the faith and credit of the County of New Hanover to pay capital costs of providing school facilities, including the acquisition and construction of new school facilities, the improvement and expansion of existing school facilities and the acquisition and installation of furnishings and equipment and the acquisition of interests in real property required therefor, and a tax to be levied for the payment thereof, be approved?" and "SHALL the order authorizing $38,300,000 of bonds secured by a pledge of the faith and credit of the County of New Hanover to pay capital costs of providing community college facilities, including the acquisition and construction of new community college facilities, the improvement and expansion of existing community college facilities and the acquisition and installation of furnishings and equipment and the acquisition of interests in real property required therefor, and a tax to be levied for the payment thereof, be approved?" with squares labelled "YES" and "NO" beneath or beside those words, in which squares the voter may record his choice. In the event a majority of the qualified voters voting at that election vote to approve a particular order, the incurring of indebtedness and the levy of a tax related thereto, those bonds shall be issued and taxes shall be levied for the payment of the bonds. The polls for the election will open at the hour of6:30 A.M. and will close at the hour of7.30 P.M. The election will be held at the following precincts and polling places: PRECINCT POLLING PLACES CF-l Wrightsboro School 2716 Castle Hayne Road CF-2 Castle Hayne Fire Dept. Jet. 117 & 132 CF-3 Laney High School 2700 No. College Road FP-l Bellamy School 70 Sanders Road FP-2 Municipal Complex Recreation Building 1121 North Lake Park Blvd. C. Bch. FP-3 Kure Beach Town Hall 117 No. Sixth H-l Spring View Church 801 No. College Road H-2 The Center For Marine Science Research 7205 Wrightsville Avenue H-3 Bradley Creek School 6211 Greenville Lp Road H-4 College Park School 5001 Oriole Drive H-5 Noble Middle School 6620 Market Street H-6 Emmanuel Presbyterian Church 1402 No. College Road H-7 Ogden Vol. Fire Dept. 7375 Market Street H-8 Ogden School 3637 Middle Sound Road WB Wrightsville Beach School 220 Coral Drive M-2 Masonboro Baptist Church 1501 Beasley Road M-3 Moose Lodge 4610 Car. Beach Road M-4 United Advent Church 4912 So. College Road M-5 Myrtle Grove Bapt. Church 5524 Myrtle Grove Road W-I Johnson School 1100 McRae Street W-2 Community Art Center 120 So. 2nd Street W-3 Solomon Towers 15 Castle Street W-4 National Guard Armory 2221 Car. Beach Road W-5 VFW Building 2722 Car. Beach Road W-6 Brogden Hall (New Hanover High School) 1221 Market Street W-7 Williston Middle School 401 So. lOth Street W-8 Lake Forest, Inc. 250 Pinecrest Parkway W-9 Annie B. Snipes School 2150 Chestnut Street W-IO Vesta Village Rec. Bldg. 1902 Manhatten Drive W-II Fire Station (Empie Pk) 3403 Park Avenue W-12 Forest Hills School 410 Colonial Drive W-13 Winter Park Presbyterian Church 4501 Wrightsville Avenue W-14 Roland Grise School 4412 Lake Avenue W-15 William Blount School 3702 Princess Place Drive W-16 Pine Valley School 440 John S. Mosby Drive W 17 YWCA 2815 So. College Road W-18 Fire Station (Muni Golf Course) 310 S. Wallace Avenue W 19 Sunset Park School 613 Alabama Avenue W-20 #5 Fire Station 1502 Wellington Avenue W-21 Codington School 4321 Carolina Beach Road W-22 First Church of the Nazarene 4017 Wilshire Boulevard W23 Winter Park School 204 So. McMillan Avenue W-24 Trask Coliseum 601 So. College Road Voters may register to vote by submitting in person (whether by the applicant or another person) or by mail a properly completed and signed voter registration application form to the New Hanover County Board of Elections at 24 North Third Street, Wilmington, NC 28401 Except in certain limited situations, such forms must (1) if submitted in person, be received by the Board of Elections by 5:00 P.M. on October 10, 1997 (2) if submitted by mail, be postmarked no later than October 10, 1997 Registration to vote may also be accomplished by appointment with certain election officials, or at offices of the Department of Motor Vehicles in connection with certain applications relating to drivers' licenses, or at the offices of certain state service agencies designated by law as voter registration agencies. Voter registration may also be available at public libraries and public high schools. An unreported change of address or name change may cause a delay in the voting process of that elector. For details on the above matters (including deadlines), contact the New Hanover County Board of Elections at 24 North Third Street, Wilmington, NC 2840 I Certain persons in the armed forces and their spouses, certain veterans, certain civilians working with the armed forces, and members of the Peace Corps may register by mail at any time prior to the election in the manner provided by law and in person at any time, including the day of the election. Any qualified voter who (I) expects to be absent from the County during the entire period that the polls are open on the election day, or (2) because of sickness or other physical disability will be unable to vote in person on that day, or (3) is incarcerated and otherwise entitled to vote in the election or (4) because of the observance of a religious holiday will be unable to vote in person or (5) is an employee of the New Hanover County Board of Elections and his assigned duties on the day of election will cause him to be unable to vote in person, may apply for an absentee ballot to be used in voting at the election. Information concerning the time and manner for applying for an absentee ballot, including the last day for making an application, can be obtained from the New Hanover County Board of Elections at the Board's office at 24 North Third Street, Wilmington, NC 28401 By order of the Board of Commissioners of the County of New Hanover. Lucie F Harrell Clerk to the Board of Commissioners County of New Hanover, North Carolina That notice of special election shall be published at least twice. The first publication shall be not less than 14 days and the second publication shall be not less than 7 days before the last day on which voters may register for the special election. The New Hanover County Board of Elections is hereby requested to print and distribute the necessary ballots, to provide the equipment for the holding of the election and to conduct and to supervise the election. NEW HANOVER COUNTY /(JJ!J.~ ATTEST Robert G. Greer, Chairman Board of County Commissioners ~'~/~M CI k to the Board RESOLUTION Requesting FEMA Designate New Hanover County and The City of Wilmington as a Disaster Resistant Community WHEREAS, New Hanover County, The City of Wilmington and the other municipalities of New Hanover County are prone to Atlantic Coast Hurricanes, and WHEREAS, New Hanover County and the municipalities therein received substantial damage from the Hurricanes names Bertha and Fran in the summer of 1996, and WHEREAS, our communities, have recovered from the storms and were successful examples of teamwork and preparation, and WHEREAS, New Hanover County and the City of Wilmington are under consideration fro receipt of resources, grant funding and support from the Federal Emergency Management Association for designation as a Disaster Resistant Community NOW, THEREFORE BE IT RESOLVED that the New Hanover County Board of Commissioners respectfully request FEMA Director James Lee Witt declare New Hanover County and the City of Wilmington as a Disaster Resistant Community and that associated resources, support and funding be forthcoming from the research, development and education of the community to fully warrant the declaration and title of Disaster Resistant Community BE IT FURTHER RESOLVED that the elected officials and professional staffs of the County of New Hanover and the City of Wilmington be dedicated to completing and fulfilling all of the obligations necessary to fully develop and implement the Disaster Resistant Community concept. On behalf of the citizens of New Hanover County and the New Hanover County Board of Commissioners. I, Robert G. Greer, am hereby authorized by the New Hanover County Board of Commissioners to submit this resolution to James Lee Witt, Director, Federal Emergency Management Association. ted this the~ day of September, 1997 Board of Commissioners Robert G. Greer, Chairman AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO 5 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 6, 1971 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN Section 1 The Zoning Map of Zoning Area No.5 is hereby amended by removing the hereinafter described tract from the R 15 Residential Zoning District Classification and placing it in the B-2 Highway Business Zoning District Classification, said land being described as follows: Beginning at at point in the eastern right-ol-way line of us. 17 North (Market Street) said point being 7204 feet north of the centerline of Alexander Road, said point also being NC Grid Coordinate N= 197003, 879 feet. E=2,360, 635, 856 feet, running thence North 42 degrees 33 minutes 58 seconds East 273.05feet; thence South 46 degrees 40 minutes 09 seconds East 1220. 74 feet, thence south 45 degrees 34 minutes 24 seconds West 28.18 feet. thence South 47 degrees 53 minutes 53 seconds West 460. 48feet; thence south 47 degrees 55 minutes 29 seconds West, 246.08 feet; thence North 35 degrees 56 minutes 47 seconds East, 14944 feet; thence North 36 degrees 07 minutes 26 seconds East 149 75 feet; thence North 58 degrees 09 minutes 56 seconds West, 656.95 feet, thence North 46 degrees 07 minutes, 56 seconds East, 152.43 feet; thence North 43 degrees 42 minutes 31seconds West 340 38feet; thence North 43 degrees 33 minutes 27 seconds East, 2383 feet. thence North 45 degrees 33 minutes 09 seconds West; 12.13 feet: thence North 44 degrees 40 minutes 04 seconds East: 12772 feet; thence North 37 degrees 02 minutes 09 seconds West, 74.36 feet; thence North 78 degrees 52 minutes 09 seconds West; 74.39 feet to the point and place of beginning. (Note This includes a tract of land within the above described boundary identified as Deedbook 904 page 743 owned by R. W Johnson) 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.5 on file in the office of the County Commissioners, so as to make it complv with this ordinance. Section 3 Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such contlict, 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. Ado ted the 2nd day of September, 1997 1?Jdu-- Robert G. Greer, Chairman Attest: ~t~~ - COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Child Day Care (9 children) The County Commissioners for New Hanover County having held a public hearing on September 2, 1997 to consider application number S-411, 8/97 submitted by Linda Mitchell, a request for a special use permit to use the property located at 126 Disney 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 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 iflocated 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 existing structure is currently served by water and sewer There is no known need at the present time to upgrade these services to meet the additional demand. B. The site has direct access to Disney Drive. C. The site is located in the Winter Park VFD District. D Interior modifications will be made to meet the minimum State day care licensing requirements. 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 as required by the Ordinance has been submitted. B. A fenced play area will be located to the rear ofthe principal dwelling. C. Existing access to the site is designed so that pick-ups and drop-off's can be made without backing into the street. D Adequate area is available to meet off-street parking needs. The required ratio is one space for each employee plus four spaces for patrons. 4 It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third general requirement listed in the Ordinance; namelv 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. Each adjacent property is occupied by a single-family dwelling that is similar in size, height, scale and architectural style to the home at 126 Disney Drive. B. The County has issued permits in nearly identical situations throughout the County including this neighborhood. 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 land use pattern in the area consists entirely of single family dwellings that are primarily owner-occupied. B The County issued a special use permit for a similar operation on nearby Kelly Road in January 1990 There is no known record of complaints for that operation. C. No exterior modifications are planned to the dwelling. D The facility will be owner-occupied. 6. Therefore, because the County Commissioners conclude that all ofthe 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 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- I) All other applicable federal, state and local laws. 2) No outside site identification sign is permitted. 3) Move swing set to rear yard. 4) Confine play area to rear yard. 5) Hours of operation shall be 7.30 a.m. to 6:00 p.m. Ordered this 2nd day of September, 1997 z~ AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO 6 OF NEW HANOVER COUNTY NORTH CAROLINA ADOPTED AUGUST 18, 1971 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN Section I The Zoning Map of Zoning Area No.6 is hereby amended by removing the hereinafter described tract from the R-I5 Residential Zoning District Classification and placing it in the B-2 Highway Business Zoning District Classification and 0-1 Office and Institution Zoning District Classification, said land being described as follows: To 0-/ Beginning at a point in the western right-ai-way line of Giles Avenue, said point being 352 feet north of a point formed by the northern right-ai-way line of Oleander Drive and the western right-ai-way line of Giles, thence northwest 385+ feet along the northern lines of parcels 010 and 0131, block 005 map 62-07 thence southwest approximately 165 feet along the western line of parcel 013 1 block 005 map 62-07 to a point, thence southeast 385 feet along a lTne parallel to the northernmost lot line of parcels 013 1 and 010, block 005 map 62-07 to a point on the western right-ai-way line of Giles Avenue, thence northeast along the western right-ai-way line of Giles Avenue to the point of beginning. To B-2: Beginning at a point; said point being the northwest corner of parcel 008, block 005, map 6207 and the southwest corner of parcel 0131 block 005 map 6207 thence northeast 190:ifeet along the western line of parcel 013.1, block 005, map 6207 190feet to a point, thence southeast 330 feet along a line parallel to the northernmost lot lines of parcels 013 1 and 0 1 0, block 005 map 6207 to a point in the existing B-2 District line, thence, westward along the existing B-2 district line 380 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 6 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. 1?JJlJ4-- Robert G Greer, Chairman Attest: Qf\/~ Cl rk to the Board COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT Communications tower (150 foot monopole) The County Commissioners for New Hanover County having held a public hearing on September 2, 1997 to consider application number S-413, submitted by GTE Mobilnet of Wilmington, a request for a special use permit to use the property located at 5501 Greenville Loop Road 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 69-17 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 safetv 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. This type of use does not require water and sewer service. B. The facility is un-manned C. Access to Greenville Loop Road will be provided by a 20 foot access easement. D The site is located in the Seagate VFD District. E. There is no scientific evidence to support the low level electromagnetic waves generated by these types of towers poses a health risk. 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 Zoning Ordinance has been submitted. B The applicant complies with newly adopted rules related to the placement of towers. C. Communication towers and related structures are permitted by special use permit in the R-15 Zoning District. The site is zoned R-15 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 proposed tower would be located on a site already occupied by a 230KV electrical substation. ; B The nearest residence to the base of the tower would 225 feet away A large grove of trees is located on the east and west sides of the tower site. The trees' average height is 50 feet on the east side and 98 feet on the west side. The applicant proposes to utilize the existing dense foliage to serve as a buffer for nearbv residential uses. Moreover additional plantings will be provided west of the entrance to promote ground level visual opacity between the equipment building and residential uses in Clear Brook. 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. Adjacent land uses include Clear Brook Estates to the west, a dog kennel and residential uses to the east, a substation to the north and residential uses and a sewer pumping station to the south. B. The tallest manmade structures in the area are the support towers for high voltage overhead electrical transmission lines. 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 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 I All other applicable federal, state and local laws. 2. Existing vegetation can be used to meet buffer standards for the equipment compound; however, in the event those trees are removed, GTE will be required to install a planted buffer Ordered this 2nd day of September, 1997 WM- Robert G. Greer, Chairman Attest: c;f,~\//~ CI k to the Board