1997-09-02 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:
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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