2009-11-02 RM ExhibitsV
Exhibit
NEW HANOVER COUNTY Book "XLLPoo
BOARD OF COMMISSIONERS
Resolution Recognizing Wilmington Christian Academy's
40t" Anniversary
WHEREAS, Grace Baptist Church was started in 1953 by Pastor and Mrs. Ray Noland at a building
located on North Ninth Street in New Hanover County and established by charter, in September of that
same year; and
WHEREAS, Wilmington Christian Academy was founded in 1969 as a ministry of Grace Baptist Church
and since that time has grown to be the largest private school in southeastern North Carolina currently
serving 724 students and employing fifty-three faculty members; and
WHEREAS, Wilmington Christian Academy serves the K3 - 12 school population and fulfills all the
requirements of the North Carolina Division of Non-Public Instruction and is a member of the American
Association of Christian Schools and the North Carolina Christian School Association; and
WHEREAS, for forty years Wilmington Christian Academy has existed to assist parents and students in
the pursuit of spiritual, academic, physical and social excellence; and
WHEREAS, the dedication and talents of individual teachers, parents and students has helped make
Wilmington Christian Academy the success it is today through its advocacy, compassion and conducive
learning environment; and
WHEREAS, on November 15, 2009 in honor of the 40"' Anniversary of Wilmington Christian Academy,
there will be a "Thank You Wilmington" celebration beginning with a service at 9:15 a.m. and a free
picnic from noon until 3:00 p.m.
NOW, THEREFORE BE IT RESOLVED, that the. New Hanover County Board of Commissioners
recognizes the 40`" Anniversary of Wilmington Christian Academy.
ADOPTED this the 2"d day of November 2009.
NEW HANOVER COUNTY
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Cleric to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION OF INTENT TO CLOSE /ABANDON A PORTION Of)
WESTERN END OF CHAIR ROAD (SR 1332)
(Adjacent to Highway I-140) Book ,,LPage 2
WHEREAS, a petition has been filed pursuant to NCGS 153-A-241, requesting the New Hanover County Board of
Commissioners to close/abandon the following described road adjacent to Highway 1-140.
Beginning at a right of way disc being located at station 169+36.69 (51+62.314m) and offset 114.83 (35.000m) of
U.S. I-140 (U.S. 17 Wilmington Bypass) as referenced on NCDOT Highway Plans (Project: 6.258001B). Said
right-of-way disc being the place and Point of Beginning.
1) Thence from said Point of Beginning and running N 00° 09' 05" E 289.28' to a right of way disc.
2) Thence running N 81 °54' 0l" E 57.88' to a right of way disc.
3) Thence running N 28°38' 41" E 242.68' to a right of way disc.
4) Thence running N 32°52' 46" E 468.78' to a right of way disc.
5) Thence running around a curve to the left with a radius of 600.39' and a length of 300.61' and a chord of N
17°48' 51" E 297.48' to a right of way disc.
6) Thence running N 03°28' 14" E 580.92' to a right of way disc.
7) Thence running N 06°40' 47" W 271.64' to a right of way disc.
8) Thence running S 77°07' 59" W 45.97' to a right of way disc.
9) Thence running N 15°19' 16" W 108.27' to a right of way disc.
10) Thence running N 73°59' 40" E 274.58' to a right of way disc.
11) Thence running N 79°03' 13" E 203.94' to a right of way disc.
12) Thence running N 85°41' 26" E 254.05' to a right of way disc.
13) Thence running S 81°19' 30" E 162.73' to a point.
14) Thence running S 18°39' 20" W 189.46' to a point.
15) Thence running N 63°50' 31" W 187.06' to a right of way disc.
16) Thence running N 89°12' 19" W 171.91' to a right of way disc.
17) Thence running S 75°56' 37" W 190.25' to a right of way disc.
18) Thence running S 58°56' 05" W 58.24' to a right of way disc.
19) Thence running S 04°11' 42' W 737.06' to a right of way disc.
20) Thence running S 05°57' 43" E 76.15' to a right of way disc.
21) Thence running N 84°58' 13" E 179.18' to a right of way disc.
22) Thence running S 20°42' 04" W 71.22' to a point.
23) Thence running around a curve to the left with a radius of 4708.00' and a length of 419.28' and a chord of
S 36°33' 03" W 419.14' to a point.
24) Thence running around a spiral to the left with a chord of S 32°46' 32" W 298.95' to a point.
25) Thence running S 32°09' 28" W 731.65' to the place and point of beginning.
Containing 9.00 Acres and being a portion of U.S. I-140 (U.S. 17 Bypass) and Chair Road (S.R. 1332) as referenced
on NCDOT right of way plans for Project: 6.258001B.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners is considering
closing a portion of Chair Road to public use and that a public hearing on this question will be held on the 7th day of
December, 2009 at 6:00 p.m. or thereafter in the Assembly Room of the New Hanover County Historic Courthouse
located at 24 North Third Street in Wilmington, NC at which time the Board will hear all interested citizens and
make a final determination as to whether the road shall be closed.
ADOPTED this the 2nd day of November, 2009
AO-192w'(1
Ted Davis, Jr., Chair
Attest:
Sheila L. Schu t, Clerk to the Board
AGENDA: November 2, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-081
Exhibit
Book ~C!!__,__Xll Page
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-081 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriffs Office/Detention
Expenditure:
Decrease
Increase
Sheriff's Office/Detention:
Supplies
$201768
Capital Outlay - Equipment
10,000
Total
$211,768
Revenue:
Decrease
Increase
Sheriff s Office/Detention:
State Criminal Alien Assistance Program
$211 768
Total
$2119768
Section 2: Explanation
To budget grant award of $211,768 from the Bureau of Justice Assistance State Criminal Alien
Assistance Program, which must be used for correctional expenses incurred for incarcerating
undocumented criminal aliens. There is no County match required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-081, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this day of e 2009.
a1NTY . .
0
\ Ted Davis, r., Chair n
to
Exhibit
Book X M Page
AGENDA: November 2, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-076
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-076 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Sheriffs Office/Uniform Patrol
Expenditure:
Decrease
Increase
Sheriff's Office/Uniform Patrol:
Uniforms - Purchase
$29,146
Finance/Nonde artmental:
Contingencies
$14,573
Total
$14,573
$29 146
Revenue:
Decrease
Increase
Sheriff's Office/Uniform Patrol:
Grant - Federal: 2009 BVP Grant
$14,573
Total
$14,573
Section 2: Explanation
To budget grant award of $14,573 from the Bureau of Justice Assistance for the purchase of
bulletproof vests. Prior to actions taken at this Board of County Commissioners meeting, the
Contingencies Fund balance is $63,343.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-076, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
\p~1e`cn~o~A ,2009.
Ted Davrs, Jr., Chai an
`rte
i=
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
230 GOVERNMENT CENTER DRIVE, SUITE 175 • WILMINGTON, NC 28403
(910) 798-7149 • (910) 7987145 FAX •www.NHC=oV.coh1
Ted Davis, Jr., Chairman • Jason R. Thompson, Vice-Chairman
Robert G. Greer, Commissioner • William A. Caster, Commissioner • Jonathan Barfield, Jr., Commissioner
Sheila L. Schult, Clerk to the Board
Exhibit
Book .444 Page
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
AWARD FOR THE PURCHASE OF THIRTEEN (13) CROWN VICTORIAS
WHEREAS, after due advertisement, bids were received and publicly opened by the Purchasing Supervisor at
10:00 a.m., Thursday, October 8, 2009 in the New Hanover County Finance Office, Suite 165, Conference
Room 502 located at 230 Government Center Drive, Wilmington, NC, and the following bids were received
for the purchase of thirteen (13) Crown Victorias with police packages, RFB # 2010-10540; and
Capital Ford, Inc.
$274,984.84
Capital Ford of Wilmington
$275,626.00
Friendly Ford
$303,498.00
Bill Smith Ford
$306,150.00
WHEREAS, Capital Ford, Inc. is the lowest responsible bidder, submitting a bid in the amount of Two
Hundred Seventy Four Thousand Nine Hundred Eighty-Four and 84/100 Dollars ($274,984.84); and
WHEREAS, staff has reviewed the bid and recommends that the bid be awarded to Capital Ford Inc; and
WHEREAS, the Board approved a budget amendment on August 17, 2009 to accept funds for a 2009
America Recovery and Reinvestment Act (ARRA): Justice Assistance Grant (JAG) for this purchase and funds
have been budgeted and are available for this expenditure in account number 11032150 800400 RS 001.
NOW, THEREFORE, BE IT RESOLVED, by the New Hanover County Board of Commissioners that RFB
# 2010-10540 for the purchase of thirteen (13) Crown Victorias with police packages be awarded to Capital
Ford, Inc., in the amount of Two Hundred Seventy-Four Thousand Nine Hundred Eighty-Four and
84/100 Dollars ($274,984.84).
ADOPTED this 2°d day of November, 2009.
tJTV
0
NEW HAN VER C LINTY
~ rv P
Ted Davis, Jr., Chairman
ATTEST:
Sheila L. Schult, Clerk to the Board
Exhibit
Book X XXl ( Page ~Gi.
AGENDA: November 2, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-071
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-071 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Department of Social Services
Expenditure:
Decrease
Increase
ARRA/Food and Nutrition Services:
Salaries & Wages
$22,8 2
Temporary Salaries
12,756
-
Social Security
2,833
Lon Term Disability
41
Retirement - Local Government
1,117
Medical
4,905
Total
$44,494
Revenue:
Decrease
Increase
ARRA/ Food and Nutrition Services:
Food and Nutrition Services Grant - Federal
$44,494
Total
S-44,494
Section 2: Explanation
To budget Food and Nutrition Services Program funds received as part of the American Recovery
and Reinvestment Act (ARRA) for Federal FY08-09.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-071, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
n oMern``0.t~. 2009.
,I-Ty . -,,,Adopted, this & day of r', d
Ted Davis, Jr., Chairh4aii
Exhibit
Book AAx Page ,b
AGENDA: November 2, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-072
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-072 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Department of Social Services
Expenditure:
Decrease
Increase
ARRA / Child Da Care:
Da Care Services
$315,318
Total
$315,318
Revenue:
Decrease
Increase
ARRA/ Child Da Care:
Da Care Services Grant - Federal
$315,318
Total
$315,318
Section 2: Explanation
To budget Day Care program funds received as part of the American Recovery and Reinvestment
Act (ARRA) for Federal FY09-10 to be used to provide day care services to children.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
zO
Q
x
3.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-072, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
NTY'No ted this na day of ~ll ~)ehn~2Jt` , 2009.
P
r ~
Ted Davis, Jr., Chai n
Sheila L. chult, erk to the Board
AGENDA: November 2, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-085
Exhibit
Book XXXI-1 Page.-Z/ . (e
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-085 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Department of Social Services
Expenditure:
Decrease
Increase
ARRA/Food and Nutrition Services:
Salaries & Wages
$47,000
Temporary Salaries
4,000
Social Security
3,900
Lon Term Disability
135
Retirement - Local Government
1,595
Medical
3,500
Total
$60,130
Revenue:
Decrease
Increase
ARRA/ Food and Nutrition Services:
Food and Nutrition Services Grant - Federal
$60,130
Total
$60,130
Section 2: Explanation
To budget Food and Nutrition Services Program funds received as part of the American Recovery
and Reinvestment Act (ARRA) for Federal FY09-10.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
(~IfI
~I
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-085, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
.ITV _
this _a_4_day of 2009.
fv. n
Ted Davis, Jr., Chairmai
Shei a L. cult, Clerk to the Board
Exhibit
Book X XX page eZ r'O. G~
AGENDA: November 2, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-078
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-078 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Senior Resource Center
Expenditure:
Decrease
Increase
Senior Resource Center / Senior Center:
Overtime
$437
Total
$437
Revenue:
Decrease
Increase
Senior Resource Center / Senior Center:
Senior Center General Purpose Grant - State
$437
Total
$437
Section 2: Explanation
On October 19, 2009, the Board of Commissioners approved acceptance of the Cape Fear Area
Agency Senior Center General Purpose Grant Funding. As a "Center of Excellence" the Senior
Center received additional funding. However, the amount awarded was less than had been
budgeted. This is to budget a reduction in revenue and expenditures to match the actual grant
award.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-078, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
Adopted, this lh,~_day of
y;JSTY.A
O
~i
\ Ted Davis, Jr., Chairn~ai
t, Clerk to the B
Exhibit
Book X)0XI( Page 9L .-Le
AGENDA: November 2, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-082
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-082 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section is Details of Budget Amendment:
Fund: General Fund
Department: Sheriffs Office/Administration/DetectivesNice
Expenditure:
Decrease
Increase
Sheriff's Office/Detectives:
Overtime
$10,565
Sheriffs OfficeNice:
Overtime
588
1 Total
$11 l53
Revenue:
Decrease
Increase
Sheriff's Office/Administration:
Miscellaneous Revenue
$11 153
Total
$11,153
Section 2: Explanation
To budget Task Force reimbursement for deputies' overtime.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-082, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
this a(\d day ofLv\g&.~ 1 1.2009.
1 0",
Ted Davis, Jr., Chairriza4i
Sheila L. Scut, Clerk to the Boar
Exhibit
Book X XI Page
AGENDA: November 2, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-084
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-084 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Juvenile Services/American Recovery and Reinvestment Act
Expenditure:
Decrease
Increase
Juvenile Services/ARRA:
Grant Expenditures
$50, 00
Total
$50,000
Revenue:
Decrease
Increase
Juvenile Services/ARRA:
Grant Expenditures
$50,000
Total
$509000
Section 2: Explanation
To budget Department of Juvenile Justice Delinquency Prevention/Justice Assistance grant funds.
Funds are supplied through the American Recovery and Reinvestment Act of 2009, and will be
disbursed to the BRIGADE Boys and Girls Club. Funds will be used for community-based youth
gang prevention. No County match is required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-084, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
-i T1,, dopted, this _~Na_day of 2009.
a .
Schu t, Clerk to the B
t6 ' II
Exhibit
Book )~{--ACA Page .2/,
AGENDA: November 2, 2009
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET
BY BUDGET AMENDMENT 10-088
BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North
Carolina, that the following Budget Amendment 10-088 be made to the annual budget ordinance for the
fiscal year ending June 30, 2010.
Section 1: Details of Budget Amendment:
Fund: General Fund
Department: Health/H1N1 Implementation and Public Health Bioterrorism
Expenditure:
Decrease
Increase
Health/HINI Implementation:
Temporary Salaries
S250,0 0
-
Contract Services
275,013
Health/Public Health Bioterrorism:
Contract Services
5 000
Total
$530,013
Revenue:
Decrease
Increase
Health/HINI Implementation:
NC Public Health Preparedness and Response
$525,013
Health/Public Health Bioterrorism:
NC Public Health Preparedness and Response
5,000
Total
$530 013
Section 2: Explanation
The New Hanover County Health Department has been notified by the State Office of Public
Health Preparedness and Response of an award in H1N1 implementation funds. These are Public
Health Emergency Response funds being distributed through the North Carolina Division of
Public Health. Funds are to address gaps in capabilities for mass vaccination implementation and
to support activities related to implementation of a mass vaccination campaign at the local level.
These funds will be used to hire temporary help and pay salary/overtime costs associated with
vaccine administration, pay costs associated with dispensing/distributing antiviral drugs, and other
costs to support vaccine administration. No County match is required.
Section 3: Documentation of Adoption:
This ordinance shall be effective upon its adoption.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County, North Carolina, that the Ordinance for Budget Amendment 10-088, amending the annual
budget ordinance for the fiscal year ending June 30, 2010, is adopted.
LOVN E y `dopted, this a ,day of nye 2009.
J
Ted Davis, Jr., Ch ' an
Sheila ~LSLhult, Clerk to the Board
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED
OCTOBER 6, 1969, UPDATED APRIL 200 EXhibt
Book MA LPaQe
A-380 (8/09)
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended
be and the same is hereby further amended to read as follows in the section(s) noted:
ADD a new Section 53.6 Exceptional Design Zoning District (EDZD), the text for which is
attached as part of this order.
Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of
such conflict, is hereby repealed.
Section 3. This ordinance is adopted in accordance with NCGS 153A-341 and the board of
commissioners has found the amendment consistent with the policies adopted in the 2006 land use plan,
reasonable and in the public interest to create a new zoning district option.
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 2"d day of November, 2009.
GOVNT Y.~
0
o~
9
7 7 w
Z a
11
•~'~ABZIsNED
Ted Davis, Jr, ChairdIA
Attest:
Sheila L. c ult, Clerk to the Board
A-380 Page 1 of 1
A-380 (8/09) CERTIFICATE F APPROVAL
NEW OVER COUNTY COMMISSIONERS
11116,
DATE AI PERSON
Section 53.6 EXCEPTIONAL DESIGN ZONING DISTRICT (EDZD)
53.6-1: Intent- The Exceptional Design Zoning District (EDZD) provides opportunities for mixed use or
high density residential projects within the unincorporated areas of the County where appropriate
urban features are in place to support such projects without the negative impacts of urban sprawl.
Through the conservation of water bodies, wetlands, floodplains and open space, it is intended that this
district will prevent the degradation of water quality and foster the preservation of natural hydrology,
habitat and biodiversity. In addition, the district is intended to provide design flexibility to achieve
public and private spaces that advance a sense of community in a well-integrated service area that
diminishes the need for vehicular traffic and encourages bicycle and pedestrian movements. The EDZD
shall be located with respect to public and private facilities existing or clearly available by the time they
are required within the development
Physical character of the site and relation to surrounding property - The site shall be suitable for
development in the manner proposed without creating hazards to persons or property, on or off the
district, and free from the probability of flooding, erosion, subsidence or slipping of the soil or other
dangers. Condition of soil, groundwater level, drainage and topography shall all be appropriate to both
the kind and pattern of use intended. If appropriate to the form and function of development, lands to
be included in EDZD districts may be divided by streets, alleys, rights-of-way or easements, but shall be
located, dimensioned and arranged as to permit unified planning and development and to meet all
requirements in connection therewith, as well as to provide necessary protection against adverse
relationships between uses in the district and uses in surrounding areas.
53.6.2: Applicability - Areas classified as Conservation on the current CAMA Land Classification Map are
not eligible for residential density greater than 2.5 units per acre, and such acreage must be subtracted
from the acreage upon which density on other portions of the district is calculated. All other areas of
the unincorporated planning jurisdiction for New Hanover County are eligible for the EDZD.
53.6-3: Procedures for establishing Exceptional Design Zoning Districts
1) Applications; procedures and materials to be submitted. Approval for EDZD rezoning shall
generally follow procedures for establishment of Planned Development Districts. Material
submitted with the application as outlined below, or on subsequent request by the Planning
Department, shall include all plans, maps, studies and reports which may reasonably be required
to make the determinations called for in the particular case. Applicants are recommended to
meet with staff before substantial investments are made towards the design of exceptional
development projects and are required to meet with staff to review the exceptional
development concept and criteria prior to submitting an application. Application shall be made
on forms provided by the County and in accordance with the schedule of deadlines for Planning
Board submissions. The following procedures must be met:
a. Meet with staff
b. Hold 2 meetings with owners and neighbors adjacent to the proposal and
within 500 feet of the area to be considered (Section 111-2.1: Required
community information meeting before consideration). At least one
meeting must be scheduled after 6:00 p.m.
Page 1 1
A-380 (8/09)
c. Prepare application and submit by application deadline. The application
shall include:
i. Survey map as well as metes and bounds description of the
boundaries.
ii. Map showing location of existing public water and sewer lines,
roadway classification, existing or planned bicycle and pedestrian
facilities, schools, parks and shopping districts within a mile radii
of the outermost project boundary.
iii. Traffic Impact Analysis prepared and signed by a licensed traffic
engineer is required for all projects (based on proposed maximum
density and intensity for the acreage).
iv. Narrative generally describing the reasons for seeking rezoning and
outlining the anticipated development to be approved under
separate permit at a later date, if known, and describing the
adequacy of access to the site.
V. Inventory of the existing environmental, cultural, historical and
natural site attributes.
vi. A conceptual plan that shows with reasonable certainty the type
and intensity of use for the proposal.
vii. Summary of the meetings held with surrounding property owners.
viii. A checklist of the prerequisite standards that will be met.
ix. Application fee.
X. Calculations of the requested density/intensity and documentation
supporting the award of points for any density bonus.
xi. Verifiable water and sewer expansion plans must be provided and
allocation of capacity confirmed with the Cape Fear Public Utility
Authority. .
xii. Phasing schedule.
xiii. The project must meet all applicable requirements of the County
Zoning Ordinance.
d. Planning Board consideration and Board of Commissioners decision after
public hearing.
53.6-4: District Regulations - Residential density and non-residential intensity within the EDZD shall be
based upon the overall exceptional design score of the proposed development. The
following regulations must also be met:
1) The applicant must be the owner or owners of all the property to be included in the
district and must demonstrate that the property is jointly owned or be subject to a
formal agreement for unified control.
2) A district must include the entirety of the parcel or parcels being considered.
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3) A district may not extend across any major or minor arterial roadway unless the district
proposes multiple, unified development phases of mixed uses having safe, signalized
vehicular, pedestrian and bicycle facilities to connect the projects.
4) Density permitted by right for residential units in the district shall be six (6) units per
acre.
5) Cumulative floor area ratio (FAR) for mixed use permitted by right in the district shall be
1.0.
6) All proposals seeking to exceed six (6) units per acre or FAR of 1.0 must accumulate
exceptional design bonus points sufficient to qualify for the proposed densities or
intensities.
7) Prerequisite standards as described in Table 53.6-7.
8) The Exceptional Design District Certification must be assured during the first phase of
development or prior to completion of more than 24 units, whichever comes first.
53.6-5 Staff Recommendations - Planning staff, in consultation with other appropriate departments or
personnel, shall prepare a written report to the planning board and board of commissioners, containing
the following findings:
1) As to the suitability of the proposals for the general type of function, the physical
characteristics of the land, and relation of the proposed development to surrounding
areas and existing and probable future development.
2) As to the sufficiency of supporting evidence in the application showing that the
proposed location can meet the basic criteria for exceptional design.
3) As to the relation to major roads and mass transit facilities, utilities and other facilities
and services.
4) As to the adequacy of evidence on unified control and the suitability of any proposed
agreements, contracts, deed restrictions, sureties, dedications, contributions,
guarantees, or other instruments, or the need for such instruments, or for amendments
in those proposed.
5) As to the suitability of plans proposed or the suggestion of conditions.
6) As to the consistency with the County's adopted Land Use Plan and other adopted plans
for development in the vicinity, and suggesting how the rezoning might be reasonable
and in the public interest if approved.
53.6-6 Actions by Planning Board; Board of Commissioners - Actions by the planning board shall be in
the nature of a recommendation for or against the rezoning and may include suggested conditions of
approval. The Board of Commissioners may grant the application in accordance with the EDZD
regulations and other applicable local, state or federal requirements or may approve the application
with conditions attached, or may deny the application.
53.6-7 Development to be in Accord with Approved Concept Plan and Related Regulations- If the
rezoning is approved, the Board of Commissioners shall, approve the development concept plan as
described in the application, or indicate required modifications in such approved plan, and such
approval shall be binding in determinations concerning final development plans. If the rezoning is
approved, the development shall be required to be in accord with approved concept plans and meet the
requirements of these and other regulations, as approved. The development shall also conform to any
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time limitations established by the board of commissioners or the applicant as to beginning and
completion of the development as a whole, or in specified stages. Before development may proceed,
agreements, contracts, deed restriction, sureties and other instruments involved shall be in a form
approved by appropriate officers or agencies.
Underlying standards upon which to add the exceptional design criteria shall include:
1) Maximum Building height: within 200 feet of the district boundary, building height shall
not exceed 40 feet.
2) Building setback and separation: Buildings located on the periphery of the district shall
be set back a minimum of twenty (20) feet from the district boundary or as required in
Section 69.11 of the zoning ordinance. All buildings shall be set back at least ten (10)
feet from all pedestrian and bicycle paths, and fifty (50) feet along major or minor
arterial roadways. No building shall encroach into the right-of way of a proposed
thoroughfare as designated by the Wilmington Area Thoroughfare Plan. In no case shall
any part of a detached single family dwelling unit be located closer than ten (10) feet to
any part of any other detached single family dwelling; and in no case shall any part of a
multifamily dwelling unit be located closer than twenty (20) feet to any part of another
multifamily unit or non-residential building.
3) Parking: Off-street parking shall be provided in accordance with Article VIII of the
zoning ordinance. Projects that meet Additional Requirements 1, 2, 3 and 5 may reduce
the minimum parking requirements by 10% within the commercial component of the
project.
4) Signs: Signs shall comply with the standards in Article IX of the zoning ordinance. The
developer shall be responsible for erecting and a property owners association shall be
responsible for maintaining street name signs at all intersections within the district.
5) Landscaping and buffering shall be in accordance with Article 67.
6) Street Lights: Street lights shall be included at the rate of one fixture per 500 linear feet
or less of roadway.
7) Conservation Resource Requirements shall be applicable.
53.6-8 Administrative Action for Approval of Final Plans
1) After an EDZD district has been established, no building permit shall be issued therein,
unless and until the Technical Review Committee and the Planning Director have approved
final plans and reports for the development as a whole or stages or portions as outlined
upon approval. The form and content of such final plans and reports shall be as prescribed
for the district, and in the rules of the county and other affected agencies. The final plan
shall constitute the equivalent of preliminary plat approval under the New Hanover County
Subdivision ordinance.
2) Approval of final plans and reports shall be based on compliance with zoning regulations
applying at the time the land was zoned to EDZD status, including such specific conditions as
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were included by the Board of Commissioners in its rezoning action. The Planning Director
shall certify that the conditions imposed by the board of commissioners have been met.
3) Upon approval of final plans and reports, building permits shall be issued in the same
manner as for building permits generally, provided that any requirements relating to the
order and location in which building permits are to be issued in the particular EDZD district
shall be observed. Except as provided in this article, final plans and reports approval shall be
binding on the applicants and any successor in title, so long as EDZD zoning is applied to the
land.
53.6-9 Approval of Detailed Plans and Related Material is an Administrative Action
Approval of detailed plans and related material is an administrative action. No public notice or
hearing is required in connection with approval proceedings of final plans or changes in
approved plans, but the Technical Review Committee shall meet and approve the technical
merits of the final plan, and when the Planning Director or his designee has certified that the
plan approved by the Technical Review Committee meets all the requirements and conditions
of the original approval, then signatures of the Planning Director and the Chairman of the
Technical Review Committee shall be affixed to the approved final plan.
53.6-10 Restrictions on Permitted Uses
The principal uses in an Exceptional Design Zoning District shall be as set out and approved in
the original approving action, unless otherwise amended by the Board of Commissioners. After
the concept plan has been approved, changes in any principal use or accessory use shall
constitute a change in the approved EDZD and shall require approval by the board of
commissioners.
53.6-11 Effect of Approval
Any area designated as an Exceptional Design District shall thereafter be developed using only
the exceptional design standards and proposed conditions under which the EDZD is approved.
Any reduction in the prerequisite standards after approval shall be considered a violation of the
terms and conditions of approval. In accordance with NCGS153A-344.1(c) and (d) , approval of
the master plan shall establish a vested right. After 24 months from the date of original
approval, if no construction activity has been permitted, the approval of the original concept
plan and any approved final plan shall expire and new approvals based on standards existing for
EDZD districts at that time shall be required. Extensions of vested rights beyond the first 24
months may be approved by the Technical Review Committee based on relevant circumstances,
including but not limited to the size and phasing of development, the level of investment, the
need for the development, economic cycles, and market conditions, but the total vesting period
may not exceed 5 years.
53.6-12: Modifications - Site specific development plans may be modified upon review and approval of
the Planning Director. Minor changes may be approved in the same manner as set forth in
Sec. 71-1(9). Major modifications, including additional density bonuses may be approved by
the Planning Director or his designee and the TRC when the prerequisite standards are
maintained and sufficient additional points accrue to support the request. However,
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modifications that conflict with small area neighborhood or corridor plans shall not be
approved in this manner. Projects that remove components for which density or intensity
bonuses have been awarded must modify the plan accordingly and submit for approval.
53.6-13 Exceptional Design District Standards Converted to Points - The following table includes the
criteria that shall enable a project to be classified as an Exceptional Design District and allow
for the density bonuses herein provided. The first six (6) criteria are required for any project
to initially qualify for Exceptional Design review. In addition to the first six criteria, an
additional twelve (12) points are required from the remaining ten (10) additional criteria.
Planning Director will determine whether criteria are properly met.
CORE REQUIREMENTS
1. Smart Location
REQUIRED
Option 1: Locate project on an infill site
Option 2: Locate project on an adjacent site with pre-project connectivity.
Option 3: Locate project near existing or planned adequate transit service.
Option 4: Locate project near existing neighborhood shops, services, and facilities.
2. Proximity to Water and Wastewater Infrastructure
REQUIRED
Option 1: Locate project on a site served by existing water and wastewater infrastructure.
Replacement of or other on-location improvements to existing infrastructure are
considered existing for the purpose of achieving this option.
Option 2: Locate project within an area scheduled for water and sewer expansion where
verifiable expansion plans can be provided and allocation of capacity can be confirmed
with the Cape Fear Public Utility Authority.
3. Significant Species and Ecological Communities
REQUIRED
Option 1: After consultation with the NC Natural Heritage Program map as found on the
New Hanover County online mapping services, no species present or likely to be present
that are listed under the federal Endangered Species Act, NC endangered species list or
listed in the NC Natural Heritage Program as either Nationally, State or Regionally
Significant.
Option 2: If initial consultation with the NC Natural Heritage Program map is inconclusive,
then a qualified biological scientist performs biological surveys to determine the presence
of endangered or significant species or the applicant consults with the NC Natural Heritage
Program in Raleigh to receive a State determination.
Option 3: If endangered or significant species are found, comply with an approved Habitat
Conservation Plan (HCP) under the Endangered Species Act for each species or receive an
approved mitigation plan from the NC Natural Heritage Program.
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4: endangered or significant species are found and no approved HCP exists, work
Optio
f
with ropriate authority to create and develop one or develop an approved
mitiglan with the NC Natural Heritage Program.
4. Wetland and Water Body Conservation
REQUIRED
Option 1: Locate project on a site that includes no jurisdictional wetlands, water bodies
(including but not limited to intermittent and perennial streams) or land within 100 feet of
these areas.
Option 2: Locate project such that pre-project jurisdictional wetlands, water bodies
(including but not limited to intermittent and perennial streams), and land within 100 feet
of such areas shall not experience significant destruction or lasting detrimental effects to
water quality or other protected natural resources as a result of new development.
Significant destruction shall include the construction, excavation, deposition, of materials
in, over or on such land or any work that would affect the course, location, condition, or
capacity of the receiving water body.
5. Floodplain Avoidance
REQUIRED
Option 1: Locate on a site that does not contain any land within a 100-year floodplain.
Option 2: Locate the project on an infill site or a previously developed site and comply with
the NFIP requirements for developing portions of the site that lie within the floodplain.
Option 3: Develop only on portions of the site that are not in a floodplain or on portions
that have been previously developed.
6. Stormwater Management
REQUIRED
implement a comprehensive stormwater management plan for the project that infiltrates
and reuses stormwater runoff. Stormwater shall be managed following the principles
prescribed in the New Hanover County-City of Wilmington Joint Low Impact Development
Manual and will enable a project to use the LID-EZ Spreadsheet Tool. A determination that
a project qualifies as a Low Impact Development shall be made by the Technical Review
Committee (TRC).
ADDITIONAL REQUIREMENTS (MINIMUM OF 12 POINTS FROM THE CRITERIA LISTED
Points
BELOW IN ADDITION TO THE CORE REQUIREMENTS)
1. Bicycle and Pedestrian Access
2 points
Include a pedestrian or bicycle through-connection in at least 90% of any new cul-de-sacs,
except where prohibited by topographical conditions. Provide bicycle parking and storage
for developments that contain multifamily, retail and commercial development. Provide
convenient access and off-site connections to all constructed or planned bicycle and
pedestrian infrastructure networks.
2. Housing and Jobs/Commercial Opportunity Proximity
2 points
Option 1: Include a residential component equaling at least 30% of the project's total
building square footage, and locate and/or design the project such that the geographic
center is within a % mile walk distance of pre-project full-time equivalent jobs equal to or
greater than the number of dwelling units in the project
Option 2: Include a non-residential component equaling at least 30% of the project's total
building square footage
Page 17
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3. Diversity of Uses
2-4 points
include a residential component in the project that constitutes at least 25% of the project's
total building square footage and design or locate the project such that at least 50% of the
dwelling units are within % mile walk distance of the number of diverse uses in the
approved diversity of uses table. At least one use from two of the three diversity of uses
list is required.
4. Conservation Management of Habitat or Wetlands
2 points
Create a long-term management plan for new or existing on-site native habitats, and/or
water bodies and wetlands and their buffers, and create a guaranteed funding source for
management.
5. Transit Facilities
4 points
Locate development within % mile of an existing or planned transit route. Provide or
identify covered and at least partially enclosed shelters, adequate to buffer wind and rain,
with at least one bench, at each transit stop. Provide kiosks, bulletin boards, and/or signs
devoted to providing local public transit information as part of the project, including basic
schedule and route information at each public transit stop within or bordering the project.
6. Certified Green Building
2 points
Design, construct, or retrofit one whole residential or non-residential building to be
certified through: LEED, NAHB Green Building Standards, North Carolina Healthy Built
Homes or Green Globes.
7. Minimum Building Energy Efficiency
4 points
For non-residential building, mixed use buildings, and multifamily residential buildings four
stories or greater, new buildings must be on average 10% better than ANSI/ASHRAE/IESNA
Standard 90.1-2007. For new multifamily residential buildings three stories or fewer and
new single-family residential buildings: 90% of new buildings must meet Energy Star
criteria.
8. Water Efficient Landscaping
2 points
Reduce potable water consumption for outdoor landscape irrigation by limiting turf to 25%
or less, incorporating rainwater catchment system(s) such as rain barrels or cisterns into
the project, installing drip irrigation and utilizing stormwater for landscape irrigation.
9. Building Orientation
2 points
Design the project so that a minimum of 75 percent of the building sites are constructed
with the longer dimension of the structure facing 0-30 degrees of south.
10. Affordable Housing
2 points
Include a minimum of 15% of the dwelling units as rental and/or for-sale dwelling units
priced for households earning below area median income (AMI). Rental units must be
maintained at affordable levels for a minimum of 15 years.
*No partial points will be awarded. Points will not be awarded on a sliding scale.
BONUS AWARDS:
Bonus points will accrue after satisfaction of the "Core + 12 points" minimum exceptional criteria above.
When the project proposed has established the minimum criteria, any additional points derived from
within the elective categories above may be applied toward density or floor area ratio bonuses. Points
may not be double counted and no partial points will be awarded.
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Density bonus shall be awarded at a rate of one (1) additional dwelling unit per acre for each additional
point accrued over the minimum exceptional criteria or one tenth (1/10) additional FAR for each two
additional points.
Diversity of Uses List
Use One: Retail
Convenience Store
Florist
Hardware Store
Pharmacy
Supermarket
Miscellaneous retail
Use Two: Services
Bank
Coffee Shop
Hair care
Health club
Laundry/dry cleaner
Medical/dental office
Restaurant
offices for private business and professional activities
Use Three: Civic/Community Facilities
Child care (licensed)
Civic/community center
Place of worship in a building
Police/fire station
Post office
Public library
Public park
School
Senior care
Social services facility
Diversity of Uses Table
Number of Uses Points Earned
2 2
Page 19
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3-5 3
6 or more 4
Associated Technical Standards for Section 53.6 of the New Hanover County Zoning Ordinance,
Exceptional Design Zoning District
Definitions
In ill Site is defined as a site where at least 75% of the perimeter of the property borders parcels that
have been previously developed.
Previously Developed is defined as a site having pre-existing impervious coverage that would typically
have required regulatory permitting to have been initiated.
Requirement 1: Smart Location
Pre-project connectivity may be met when connectivity is present of at least 150 intersections/sq. mile
within a half circle radius centered on the midpoint of the adjacent portion of the project perimeter.
The radius of the half circle must be'/ mile, or the length of the adjacent portion of the perimeter,
whichever is longer; and if the project contains streets, its connectivity cannot be less than the
connectivity of the surrounding area measured within the half circle; and design and build the project
with at least one through street and/or non-motorized right of way intersecting the project boundary at
least every 800 feet.
Existing or planned adequate transit service: At least 50% of dwelling units and business entrances
within the project must be located within % mile walk distance of existing or planned bus transit stops.
Location of project near existing neighborhood shops, services, and facilities: The project boundary
must be within % mile walk distance of at least five (5) or within % mile walk distance of at least seven
(7), of the diverse uses in the Diversity of Uses List in Section 53.6 of the Ordinance. Uses must include
at least one use from each of the three diverse use categories with the following limitations: a) uses may
not be counted in two categories, e.g. a school or place of worship may be counted only once even if it
also contains a daycare facility; b) a mixed use building containing several uses as distinctly operated
enterprises with separate exterior entrances may count each as a separate use, but no more than half of
the minimum number of diverse uses can be situated in a single building or under a common roof; c) a
single retail store of any type may only be counted once even if it sells products associated with multiple
use types.
Requirement 3• Significant Species and Ecological Communities
The Natural Area Inventory for New Hanover County shall be found on the New Hanover County
Planning Department's website. The Inventory was designed to identify the highest quality natural
areas and natural communities in New Hanover County. Only Significant species are determined to be
regulated under this requirement.
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Requirement 6: Stormwater Management
The New Hanover County-City of Wilmington Joint Low Impact Development Manual shall be
downloaded from the New Hanover County Planning website. In order to meet this requirement, a
determination that the project is in fact a Low Impact Development project, must be made by the
County's Technical Review Committee (TRC). Representatives from the project are encouraged to meet
with County Planning and Engineering staff prior to submittal of the project to the County's TRC.
Additional Requirement 1: Bicycle and Pedestrian Access
Bicycle Storage for Multifamily Residential: In order to meet this requirement, the project must provide
secure bicycle racks on-site with at least one bicycle space per ten (10) dwelling units and no fewer than
four (4) spaces per project site.
Bicycle Storage for Retail: The project must provide secure visitor, customer and/or employee bicycle
racks on site, with at least one bicycle space per 5,000 square feet of retail space, but no fewer than one
bicycle space per business or four bicycle spaces per project site, whichever is greater.
Bicycle Storage for Commercial Non-Retail: The project must provide secure employee and/or visitor
bicycle racks on-site with at least one bicycle space per 10,000 square feet of commercial non-retail
space but not fewer than four bicycle spaces per building.
Additional Requirement 4• Conservation Management of Habitat or Wetlands
Long-term management plan -This plan must be at least ten (10) years and include biological
objectives consistent with habitat and/or water resource conservation. The plan should identify the
following: a) procedures for maintaining the conservation areas and personnel to carry out those
procedures, and b) estimated implementation costs and funding sources.
Additional Requirement 6: Certified Green Building
Building certification must be completed by the applicable program's third party certification program
(i.e.: NAHB Green Building Certification must be conducted through the local NAHB certification
program).
Additional Requirement 7• Minimum Building Energy Efficiency
For non-residential or mixed-use buildings, projects may document their building energy efficiency by
producing a LEED for New Construction energy model demonstrated by a whole building project
simulation using the Building Performance Rating Method in Appendix G of ANSI/ASHRAE/IESNA
Standard 90.1-2007.
For multifamily residential buildings, projects may demonstrate compliance with Energy Star criteria
either through the prescriptive requirements of a Builder Option Package, Home Energy Rating System
(HERS) index, or a combination of the two. Energy Star certification is to be conducted by a 3rd party
verification process.
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SUP Book.. /V Page Z • I
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Telecommunication Tower up to 90 feet in height in an R-15 Residential Zoning District
S-595, 10/09
The County Commissioners for New Hanover County having held a public hearing on November 2, 2009
to consider application number S-595 submitted by Nexsen Pruet Law Firm on behalf of New Hanover
County School Board and American Tower Company for a special use permit to locate a
telecommunication Tower for AT&T Communications in a R-15 Residential District at 225 Mabee Way,
and having heard all of the evidence and arguments presented at the hearing, make the following
FINDINGS OF FACT and draw the following CONCLUSIONS:
1. The County Commissioners, acting within the limitations set out in NCGS 153A-349.52 for
regulating wireless facilities, FIND AS A FACT that, based on the findings in the record and agreed
to by the applicant, all of the specific requirements set forth in Sections 71-1 and 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. 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 attached
site plan and 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 the proposed and approved site plan, and all other state or federal
requirements.
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.
Ordered this 2°d day of November, 2009.
OvNTY.N
G t O
O n
c
_r
.F,TABI icHED ~~'1
Ted Davis, Jr., Chai an
Attest:
')~u
Sheila L. Schult, Clerk to t e Board
S-595 Page I of I
SUP Book V Page -119• Z
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Telecommunication Tower up to 140 feet in height in an R-15 Residential Zoning District
S-596, 10/09
The County Commissioners for New Hanover County having held a public hearing on November 2, 2009
to consider application number S-596 submitted by Nexsen Pruet Law Firm on behalf of Marvin
Congleton and American Tower Company for a special use permit to locate a telecommunication Tower
for AT&T Communications in a R-15 Residential District at 1300 Big Cypress Drive, and having heard
all of the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and
draw the following CONCLUSIONS:
The County Commissioners, acting within the limitations set out in NCGS 153A-349.52 for
regulating wireless facilities, FIND AS A FACT that, based on the findings in the record and agreed
to by the applicant, all of the specific requirements set forth in Sections 71-1 and 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. 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 attached
site plan and 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 the proposed and approved site plan, and all other state or federal
requirements.
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.
Ordered this 2°a day of November, 2009.
0
11
w\TV .
10
Ted Davis, Jr., Chai n
Attest:
Sheila L. Schult, Clerk to the oard
S-596 Page 1 of I