2005-10-03 RM Exhibits
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description'
Edward Hyde Place in NorthChase Subdivision (Div FIle
#1072-N)
WHEREAS, a petition has beenfiledwith the Board of County Commissioners of the County of New
Hanover requesting that the above described road(s), the location of which has been indicated on a map, be
added to the Secondary Road System, and
WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s)
should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria
established by the Division of Highways of the Department of Transportation for the addition of roads to the
System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover
that the Division of Highways is hereby requested to review the above described road(s), and to take over the
road(s) for maintenance if they meet established standards and criteria.
CERTIFICATE
The foregomg resolution was duly adopted by the Board of CommiSSiOners of the
County of New Hanover at a meeting on the 3rd day of October . 2005
\\ WITNESS
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my hand and official
,2005.
seal this the
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day of
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Sheila L Schult, Clerk to the Board
New Hanover County Board of
Commissioners
Form SR-2
Please Note Forward directly to the District Engineer, Division of Highways.
resolute.wp
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolma
County of New Hanover
Road(s) DescnptIon'
Terra Lane (Div. FIle #1067-N)
WHEREAS, a petition has beenfiledwith the Board of County Commissioners of the County of New
Hanover requesting that the above described road(s), the location of which has been indicated on a map, be
added to the Secondary Road System, and
WHEREAS, the Board of County Commissioners is of the opinion that the above described road(s)
should be added to the Secondary Road System, if the road(s) meets minimum standards and criteria
established by the Division of Highways of the Department of Transportation for the addition of roads to the
System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of New Hanover
that the Division of Highways is hereby requested to review the above described road(s), and to take over the
road(s) for maintenance if they meet established standards and criteria.
CERTIFICA TE
The foregoing resolution was duly adopted by the Board of CommISSIoners of the
County of New Hanover at a meeting on the 3rd day of October .2005
r\ WITNESS
\.'(lk~
my hand and officIal seal thIS the
,2005
\\\l
day of
~',,~. \ . ~r\,,\~
- . -
Sheila L. Schult, Clerk to the Board
New Hanover County Board of
CommISSiOners
Form SR-2
Please Note' Forward directly to the District Engineer, DivIsion of Highways.
resolute.wp
A RESOLUTION
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
FOR APPROV AL OF FIRE INSURANCE DISTRICT BOUNDARIES
NEW HANOVER COUNTY
Upon motion by Vice-Chairman Caster, seconded by CommissiOner Pritchett,
RESOLVED that the Board of Commissioners of the County of New Hanover approve
the boundary lines of the Federal Point Fire Response District. as assigned to the
Federal Point Fire Rescue Department. in accordance with the map filed thIS date with
the Board of County CommissIOners and recorded in the mmutes of the meeting. Said
Federal Point Fire Response Distnct being described as follows.
Exhibit A settmg forth a map IS attached hereto and mcorporated herein.
This 3rd day of October, 2005.
1?Lf~ ·
Robert G Greer, Chairman
Board of County Commissioners
(SEAL)
Ai TbST
~~.S\~\
Sheila L. Schult, Clerk to the Board
NEW HANOVER COUNTY
This is to certify that the foregomg is a true and accurate copy of excerpt from
the Minutes of the Board of County Commissioners of New Hanover County, adopted
this 3rd day of October 2005.
~~_ l_ ~ \\~~
Sheila L. Schult, Clerk to the Board
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 3 '00 p.m., on the 1 st day of September, 2005, at the County AdmInistratIOn BuildIng,
320 Chestnut Street, WilmIngton, North Carolina, and the folloWIng bid was received for a fully eqUIpped
dental semi-trailer for the Health Department, Bid # 06-0006
Lifeline Shelter Systems, Inc.
Payment upon Delivery Plan'
ConstructIon Progress Payment Plan
$468,976.00
$459,31600
AND WHEREAS, the Health Department has received and budget funds from two grants for the
purchase of the dental unit;
AND WHEREAS, awarding the bid under the constructIOn progress payment plan allows for a
discount and bnngs the purchase amount to four hundred fifty-nIne thousand three hundred sixteen dollars
($459,31600) and but exceeds the amount allocated to purchase the van;
AND WHEREAS, the General Statutes allow negotiatIOns in Instances where all bids received exceed
the allocated amount for the purchase;
AND WHEREAS, the Health Department has met with the vendor and made revIsions to the planned
unit to bring the price within an amount that will accommodate the proposed budget;
AND WHEREAS, the Health Director, the Finance Director and the County Manager recommend that
the contract be awarded to Lifeline Shelter Systems, Inc. of Columbus, Ohio, the only responsible bidder, in
the negotIated amount of Four Hundred Twenty-Two Thousand, Seven Hundred Twenty-Five Dollars
($422,725 00),
AND WHEREAS, funds have been previously appropriated and are now in Account No 11061300-
800200-GO 124; 110613 00-800400-GO 124, and 11 061300-800400-GO 125 to cover thiS contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County that the contract for a fully equipped dental semi-trailer for the Health Department, Bid # 06-0006 be
awarded to Lifeline Shelter Systems, Inc. In the negotiated amount of Four Hundred Twenty-Two Thousand,
Seven Hundred Twenty-Five Dollars ($422,725 00) and that the County Manager IS hereby authonzed and
directed to execute the contract, contract form to be approved by the County Attorney
ThiS the 3rd day of October 2005.
(SEAL)
/;JJJ:ui~-
Robert G. Greer, Chairman
ATTEST
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Sheila 1. Schult, Clerk to the Board
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Citizen-Soldier Support Program
WHEREAS, our country's security depends on the readiness and retentIOn of the men
and women of the United States Armed Forces, a total force comprised of active,
National Guard, and Reserve personnel; and
WHEREAS, our military personnel, their famIhes and loved ones face umque and
pressing challenges through every stage of the deployment cycle; and
WHEREAS, those challenges should be met with support and recognition from their
civilian communities.
NOW THEREFORE, BE IT RESOLVED, that the Board of Commissioners of New
Hanover County, North Carolina do hereby proclaim support for the Citizen-Soldier
Support Program for its commitment to building community support for the military
families in New Hanover County.
Adopted this, the 3rd day of October 2005.
New Hanover County
1JM~
Robert G. Greer, Chairman
Attest:
~~\. \..~~\~
Sheila L. Schult, Clerk to the Board
RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
Supporting the Wilmington to Wallace Rail Trail
WHEREAS, New Hanover County IS interested m maintaining a high quality of life for
residents and visitors; and
WHEREAS, New Hanover County wishes to promote safe and efficient alternatives to
automobile transportation; and
WHEREAS, New Hanover County wishes to utilize the NCDOT/CSX rail corridor to provide a
valuable opportunity for residents and visitors to recreate and exercise; and
WHEREAS, New Hanover County wishes to establish The County and Castle Hayne in
particular as a cycling destination and as the foundation of the Wilmington to Wallace Rail Trail;
and
WHEREAS, New Hanover County recognizes the efforts of the Castle Hayne Community to
enhance the quality of life for citizens in that part of the County; and
WHEREAS, the Wilmington to Wallace Rail Trail would provide an essential link in the East
Coast Greenway as it passes through our community on its journey between Florida and Maine.
NOW THEREFORE, BE IT RESOLVED, that the New Hanover County Board of
Commissioners formally support the development of the Wilmington to Wallace Rail Trail and
requests NCDOT (and CSX - where applicable) to allow shared use of the rail corridor.
Adopted this, the 3rd day of October 2005.
~
Robert G. Greer, Chairman
Attest:
S\ \:.\, \... ~~\\
Sheila L. Schult, Clerk to the Board
Proclamation
By the New Hanover County Board of Commissioners
WHEREAS, New Hanover County is committed to ensuring the safety and security of all
those living in and visiting our county; and
WHEREAS, fire is a serious public safety concern both locally and nationally, and
homes are the locations where people are at greatest risk from fire; and
WHEREAS, the nonprofit National Fire Protection Association (NFPA) has documented
through its research a significant increase in home candle fires, even as most other
causes of home fires have steadily declined, and
WHEREAS, New Hanover County's fire personnel are dedicated to reducing the
occurrence of home fires and home fire injuries through prevention and protection
education; and
WHEREAS, New Hanover County's residents are responsive to public education
measures and are able to take personal steps to increase their safety from fire, and
WHEREAS, using proper care with candles will have a positIve effect on the home fire
problem; and
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rf
WHEREAS, each candle fire that is prevented in New Hanover County is an opportunity
to prevent painful injury and costly property damage; and
WHEREAS, the 2005 Fire Prevention Week theme "Use Candles with Care When You
Go Out, Blow Out!" effectively serves to remind us all of the simple actions we can take
to stay safer from fire during Fire Prevention Week and year-round.
NOW THEREFORE, We, the Board of Commissioners of New Hanover County, North
Carolina do proclaim October 9-15, 2005 as Fire Prevention Week throughout this
County, and urge all the people of New Hanover County to heed the important safety
messages of Fire Prevention Week 2005, and to support the many public safety
activities and efforts of New Hanover County fire and emergency services
NeW~Blt~
Robert G Greer, Chairman
Board of Commissioners
Attest:
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AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA 8B
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 7, 1972
CASE: Z-802, 07/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN
SectiOn 1 The ZOlllng Map of ZOnIng Area 8B IS hereby amended by removmg the heremafter described tract
from R-15 ResIdentIal ZOlllng Dlstnct ClassIficatiOn and placmg It entirely m the CD(B-l) ConditiOnal Use
Highway Busmess ClassIficatiOn, SaId land bemg described as follows
BEGINNING at an existing right-of-way monument located in the northern right-of-way line of Gordon Road at
its intersection with the eastern right-of-way lme of Interstate 40 (westbound ramp) thence along and with the
eastern right-of-way line of 1-40 (westbound ramp) North 07 degrees 49 minutes 29 seconds East a distance of
98738 feet to an iron pipe in Cane Branch, thence with Cane Branch south 75 degrees 38 minutes 26 seconds
East a distance of223 30 feet to an iron pipe, thence along and with the west line of the Clay Tract (Book 681,
Page 516) and the west line at the Evans Tract (Book 1215, Page 217) South 10 degrees 50 minutes 18 seconds
West a distance of993 35 feet to an iron pipe in the northern right-of-way line of Gordon Road, thence along and
with the northern right-of-way line of Gordon Road North 72 degrees 08 minutes 33 seconds West a distance of
172 26 feet to the Pomt Of Beginning, containing 446 acres more or less
SectiOn 2. The County Clerk is hereby authonzed and dIrected under the supervisiOn of the County
COl1ll111SSlOners to Change the Zonmg Area 8B on file m the office of the County CommIssiOners, so as to make
It comply with thIS ordmance
SectiOn 3. Any ordmance or any part of any ordmance m conflIct With thIS ordmance, to the extent of such
conflict, IS hereby repealed.
SectiOn 4 ThIS ordmance IS adopted m the mterest ofpubhc health, safety, morals and general welfare ofthe
mhabItants ofthe County of New Hanover, North Carolma, and shall be m full force and effect from and after Its
adoptiOn.
Adopted the 3rd day of October, 2005
Attest:
1?jj~~
Robert G Greer, Chairman
~ \ \1. ~ .~~\\L..\~
Clerk to the Board
stL,a 3. 3i I
.
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Convenience Store & Boat House in a CD (B-1) District
Conditional Use Neighborhood Business District
Z-802, 07/05
The County COnU11lSSlOners for New Hanover County havIng held a publIc heanng on October 3, 2005 to
consider applicatIOn number Z-802 submitted by Howard Capps for James WIcker to pern11t a
convemence store and boat house 111 a ConditIOnal Use Neighborhood Busll1ess Dlstnct located at 4601
Gordon Road and havIng heard all of the eVidence and arguments presented at the heanng, make the
followll1g FINDINGS OF FACT and draw the folloWIng CONCLUSIONS
The County ComnllSsIOners FIND AS A FACT that all of the specific reqUIrements set forth In
SectIOn 72-27 of the County Zomng OrdInance WILL be satIsfied If the property IS developed In
accordance with the plans submitted to the County COml11lSSIOners
2 It IS the County Conu11lssIOners' CONCLUSION that the proposed use DOES satIsfy the first general
reqUIrement lIsted 111 the Ordll1ance, namely that the use will not matenally endanger the publIc health
or safety If located where proposed and developed accordll1g to the plan as submItted and approved.
In support of this conclUSIOn, the ConU11lSSIOners make the followll1g FINDINGS OF FACT
A. PublIc water and sewer IS located near the subject property
B. The subJ ect property has direct access from Gordon Road (publIc)
C. The property IS located wlthll1 the Ogden VFD
D. The property contall1S approximately 4 46 acres
3 It IS the County COnU11lSSlOners' CONCLUSION that the proposed use DOES satisfy the second
general reqUIrement listed 111 the Ordll1ance, namely that the use meets all reqUIred conditIOns and
speCIficatIOns In support of tlllS conclUSIOn, the ComnllSSlOners make the followll1g FINDINGS OF
FACT
A. The project IS proposed to have a 3,500 square foot convemence center With three covered
gas pumps, car wash, and 2,400 square foot boat house
B. A 60 foot access easement from Gordon Road will serve the faCIlItIes
C. Setbacks and bufferyards shall be met 111 accordance With Zonll1g reqUIrements.
D. A NCDOT Dnveway Permit will be reqUIred pnor to constructIOn
E. A tree ll1ventory has been submitted With the site plan.
4 It IS the County Conu11lssIOners' CONCLUSION that the proposed use DOES satIsfy the tlmd
general reqUIrement listed m the Ordll1ance, namely that the use wIll not substantIally ll1Jure the value
of adJOlmng or abuttl11g property, or that the use IS a publIc necessity In support of thiS conclUSIOn,
the ConU11lSSIOners make the followl11g FINDINGS OF FACT
A. AdJ Ol11mg land uses are reSidentIal whIch Will be protected by reqUIred setbacks and
bufferyards
B. The property adjacent and to the west IS the northbound ramp to 1-40
C. Convemence centers, gas pumps, car washes, and boat houses are 10cated through-out the
County
5 It IS the County COn1111lSSlOners' CONCLUSION that the proposed use DOES satisfy the fOUlih
general reqUIrement lIsted 111 the OrdInance, namely that the locatIOn and character of the use If
developed accordl11g to the plan as submitted and approved will be 111 harmony with the area 111 which
It IS to be located and 111 general confoTI11lty with the plan of development for New Hanover county
In support of tl1lS concluslOn, the COn1111lSSIOners make the followl11g FINDINGS OF FACT
A. The site IS claSSified as Urban TranSitIOn on the County's Land Use Plan. The purpose of the
Urban Class IS to proVide for future Intensive urban lands that have been or wIll be proVided
with necessary urban services
6 Therefore, because the County C0111111lSSlOners 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 followl11g
conditions
A. Rlght-l11, nght-out only at the entrance to Gordon Road.
B. LIghtl11g not to shl11e on Evans reSidents.
C. Fence to extend entire length of property boundary adjacent to Evans reSidences
7 Other'
A. All other applicable federal, state and local laws
Ordered tl1lS 3rd day of October 2005
Attest:
W~~
Robert G Greer, ChaIrman
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Clerk to the Board
Z 13 :l k 9 (.1. FS I.tt
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No. 9A
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 1, 1972
CASE: Z-808, 09/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
SectIOn 1. The Zoning Map of Zoning Area No. 9A is hereby amended by removing the hereinafter described
tract from the CD( AI) Airport Industrial/R -15 Residential Zomng District Classification and placing it in the R-
10 Residential District Classification, said land being described as follows:
Commencing at an existing Granite monument set in the north line of lands now or formerly owned by Jerry R.
Robbins as recorded in Book 1037 of Deeds, at Page 566, thence South 8r35 '38" East along lands reputedly
owned by the Bobby Lee Fowler Construction company, for a distance of 191.15 feet to the Point of Beginning,
thence,
1 South 85035 '38" East along lands reputedly owned by G&F Construction, Inc. and Churchill Estates
Section 6-D as recorded in Map Book 32, at Page 9, for a distance of 1015.12 feet to a point, thence,
2. South 74043 '12" East along lands of Churchill Estates Section 6-A as recorded in Map Book 25, at
Page 131, for a distance of 1288.07 feet to a point, thence;
3 South r36'48" West along lands reputedly owned by Carolina Power & Light Company, for a
distance of 1201 4 feet plus or minus to the center of the Spring Branch, thence,
4 North 50034 '48" West along the center of Spring Branchfora distance of509 68feet to a point, thence
the following courses and distances along the center ofsaid Spring Branch and the Northerly line of the
revised Alandale Subdivision as filed in Book 8 of Maps, at 40;
5.. North 29042 '44" West for a distance of 177.78 feet to a point, thence;
6. North 68024 '03" East for a distance of 1 09.62 feet to a point, thence;
7. North 84011 '41" West for a distance of 139.16 feet to a point, thence,
8. North 68004'16" West for a distance of 333 91 feet to a point, thence;
9 North 6r48 '38" West for a distance of 411.51 feet to a point, thence;
1 O. South 73010 '22" West for a distance of 206 09 feet to a point, thence;
11 North 87041 '11" West for a distance of 323.93 feet to a point, thence;
12 North 76020 '06" West for a distance of246.17 feet to a point, thence;
13 North 60038 '35" Westfor a distance of 139. 52feet to apoint on the easterly right-ofway of North Kerr
Avenue, thence,
14. North 24004 '55" East, along the easterly right-ofway of North Kerr Avenuefora distance of65. 78feet
to a point, thence;
15. North 15043 '40" East, along the easterly right-ofway of North Kerr Avenue for a distance of235.48
feet to a point, thence;
16 North 7022 '26" East, along the eesterly right-ofway of North Kerr Avenuefora distance of404.50feet
to the point and place of beginning
Said parcel of land comprising 1,983,174 square feet or 45 53 acres of land, more or less.
Section 2. The County Clerk is hereby authorized and directed under the supervlSlon of the County
Commissioners to Change the Zoning Map of Zoning Map No. 9A on file in the office of the County
Commissioners, so as to make It comply with this ordinance.
Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such
conflIct, is hereby repealed.
SectiOn 4 ThIS ordmance IS adopted m the mterest of pubhc health, safety, morals and general welfare of the
mhabItants ofthe County of New Hanover, North Carolina, and shall be m full force and effect from and after ItS
adoptiOn.
Adopted the 3rd day of October 2005.
1?~
Robert G Greer, Chairman
Attest.
_~~\e..\.~~
Clerk to the Board
SUP1:i3.3Y.1..
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A BBQ Sauce Facility
S-535, 09/05
The County ComrmsslOners for New Hanover County havIng held a pubhc heaflng on October 3, 2005 to
consider applicatIOn number S-535 submitted by Newcomer Products for a special use permit to locate a
BBQ Sauce Facility In an AI Airport Industrial District located at 2957 N Kerr Avenue and havIng heard
all of the eVidence and arguments presented at the hearmg, make the follOWIng FINDINGS OF FACT and
draw the follOWIng CONCLUSIONS
The County CommiSSIOners FIND AS A FACT that all of the specific reqUIrements set forth In
SectIOn 72-27 of the County Zonmg Ordmance WILL be satIsfied If the property IS developed In
accordance with the plans submitted to the County ComrmsslOners
2 It IS the County Commissioners' CONCLUSION that the proposed use DOES satIsfy the first general
reqUIrement hsted m the Ordmance, namely that the use Will not matenally endanger the pubhc health
or safety If located where proposed and developed accordIng to the plan as submitted and approved.
In support of thiS conclusIOn, the ComrmsslOners make the followmg FINDINGS OF FACT
A. Pubhc water and sewer IS located nearby
B. An eXlstmg structure which IS presently vacant Will be utilized.
C. The property has direct access from N. Kerr Avenue (SRI322)
D. The property IS located among other eXistIng Industrial uses
E. The site wIll be served by the Wnghtsboro VFD.
3 It IS the County CommissIOners' CONCLUSION that the proposed use DOES satisfy the second
general reqUIrement listed m the Ordmance; namely that the use meets all reqUIred conditIons and
specificatIOns. In support of thiS conclusIOn, the COmnllSSlOners make the follOWIng FINDINGS OF
FACT
A. ThiS property IS presently zoned AI Airport Industrial Food & Beverage type faCilitIes With
smokeless stacks are permitted by Special Use Permit.
B. An aeflal photo of the site has been presented displaYIng the exsltmg structure along With
parkmg
C. Appropnate setbacks already eXist on site
4 It IS the County CommissIOners' CONCLUSION that the proposed use DOES satIsfy the third
general reqUIrement lIsted m the OrdInance; namely that the use Will not substantIally Injure the value
of adjOInIng or abuttmg property, or that the use IS a pubhc necessity In support of thiS conclusIOn,
the CommiSSIOners make the followmg FINDINGS OF FACT
A. Other mdustrlal type facihtes eXist nearby
B. No changes are proposed for the eXistIng faCility, parkmg or other site features
5 It IS the County CommiSSIOners' CONCLUSION that the proposed use DOES satIsfy the fourth
general reqUIrement hsted m the OrdInance; namely that the locatIOn and character of the use If
developed accordIng to the plan as submitted and approved Will be m 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 COlmmSSlOners make the follOWIng FINDINGS OF FACT'
A. The 1999 Land Use Plan IdentIfies this area as Urban TransitIOn. The purpose of the Urban
TransitIOn Class IS to provide for future IntensIVe urban development on lands that have been
or wIll be proVided With necessary urban services.
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
authonty of thiS Board of CommissIOners by a court of competent JunsdlctIon, then thiS
permit shall become VOId and of no effect.
C. Other'
1) All other applIcable federal, state and local laws
Ordered thiS 3rd day of October 2005
Attest:
/fdJ~
Robert G Greer, Chairman
~~. ~~-~\-
Clerk to the Board
SlAPl:!:3. 3Z. 3
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Marina Parking Expansion to Masonboro Yacht Club in a R-15 Zoning District
S-536,09/05
The County ComnllSslOners for New Hanover County havmg held a publIc heanng on October 3, 2005 to
conSider applicatIOn number S-536 submitted by Masonboro Boatworks, Inc for a special use permIt to
expand manna parkmg In a R-15 ReSidentIal District located at 609 TraIl Ends Road and havmg heard all
of the eVidence and arguments presented at the heanng, make the follOWIng FINDINGS OF FACT and
draw the followmg CONCLUSIONS
The County CommissIOners FIND AS A FACT that all of the speCific reqUIrements set forth m
SectIOn 72-27 of the County ZOnIng Ordmance WILL be satisfied If the property IS developed m
accordance with the plans submitted to the County CommissIOners
2 It IS the County Commissioners' CONCLUSION that the proposed use DOES satIsfy the first general
reqUIrement lIsted In the Ordmance, namely that the use Will not matenally endanger the public health
or safety If located where proposed and developed accordmg to the plan as submitted and approved.
In support of this conclusIOn, the ComrmsslOners make the follOWIng FINDINGS OF FACT
A. The subject property IS approximately 15,000 square feet In size and Will contam a total of29
additIOnal parkmg spaces.
B. The property Will be served by the Myrtle Grove VFD
C. Access to the parkIng area Will be through Purviance Avenue
D. Manna parkmg to the boatyard/yacht club has eXisted for many years.
3 It IS the County CommiSSIOners' CONCLUSION that the proposed use DOES satisfy the second
general reqUIrement lIsted m the OrdInance; namely that the use meets all reqUIred conditIOns and
specificatIOns In support of thiS conclUSIOn, the CommiSSIOners make the followmg FINDINGS OF
FACT
A. The subject property IS located m a R-15 ReSidential ZOnIng DIstnct. AdditIonal parkmg IS
allowed to an eXlstmg faCility m a R-15 Dlstnct by SpeCial Use Permit.
B. Landscapmg of the parkIng area will be prOVided as reqUIred by the New Hanover County
Zonmg OrdInance
C. A grassed parkIng area IS proposed.
D. EXistIng trees wIll remam.
E. No conservatIOn resources eXist on site
4 It IS the County CommiSSIOners' CONCLUSION that the proposed use DOES satisfy the third
general reqUIrement lIsted In the Ordmance, namely that the use Will not substantIally mJure the value
of adJommg or abuttIng property, or that the use IS a publIc necessity In support of thiS conclUSIOn,
the CommiSSIOners make the follOWIng FINDINGS OF FACT
A. The pnmary use of the parkmg expansIOn IS to accommodate overflow traffic from
Masonboro Yacht Club that occurs several times per year
B. The proposed parkIng expansIOn Will reduce traffic on Purviance Avenue
C. The proposed parkmg expansIOn Will benefit adjOInIng landowners by ImproVIng the site as It
presently eXists
5 It IS the County COImmsslOners' 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 COImmsslOners make the follOWIng FINDINGS OF FACT
A. The area IS classified as Resource ProtectIOn on the County's Land Use Plan.
B. The site plan calls for a grassy parkIng type area which Will help mmlmlze Impacts to nearby
waterway areas
6 Therefore, because the County CommiSSIOners conclude that all of the general and speCific conditIOns
precedent to the Issuance of a SPECIAL USE PERMIT HAVE been satIsfied, IT IS ORDERED that
the applIcatIOn for the Issuance of a SPECIAL USE PERMIT BEGRANTED 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
authonty of thiS Board of CommissIOners by a court of competent JunsdlctlOn, then thiS
permit shall become VOId and of no effect.
C. Other'
1) All other applIcable federal, state and local laws.
2) Extra care be taken In the protectIOn of the live oaks on the property With minImal
Impacts on the root system.
Ordered thiS 3 rd day of October 2005
Attest:
/j(Jj/:~x1Ju-
Robert G Greer, Chairman
~ \.\. '--~L~~\~
Clerk to the Board
:5 ().. f' B- 3, 31. tf
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Telecommunication Facility in a B-2
S-538,09/05
The County CommiSSIOners for New Hanover County havmg held a public hearmg on October 3, 2005 to
consider applicatIOn number S-538 submitted by William G Howard for a special use permit to locate a
telecommUnIcatIOns faCIlIty m a B-2 Highway BusIness District located at 7654 Market Street and havmg
heard all of the eVidence and arguments presented at the heanng, make the follOWIng FINDINGS OF
FACT and draw the followmg CONCLUSIONS
The County CommissIOners FIND AS A FACT that all of the speCific reqUIrements set forth In
SectIOn 72-27 of the County Zonmg OrdInance WILL be satisfied If the property IS developed m
accordance with the plans submitted to the County CommiSSIOners.
2 It IS the County CommiSSIOners' CONCLUSION that the proposed use DOES satisfy the first general
reqUIrement lIsted m the Ordmance, namely that the use Will not matenally endanger the public health
or safety If located where proposed and developed accordIng to the plan as submitted and approved.
In support of this conclUSIOn, the CommiSSIOners make the followmg FINDINGS OF'FACT
A. No water and sewer service will be needed by thiS commUnIcatIOns faCIlIty.
B. The tower compound Will have access from US Highway 17 (Market Street) via a 12' Wide
gravel dnveway wlthm a 20' access easement.
C. The site Will be served by the Ogden VFD
D. The tower Will be 150' m height.
E. The tower will consist of a 1,600 square foot eqUIpment compound.
F. AdJoInmg land uses are pnmarily commercial.
G. There are no reSidential structures withIn a 150' of the base of the tower
H. An 8' shadow box fence with 3 strands of barbed wire wIll be constructed around the
compound.
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 followmg FINDINGS OF
FACT
A. The tower site IS zoned B-2 Highway Busmess. TelecommUnIcatIon towers are permitted by
SpeCial Use Permit m the B-2 DistriCt.
B. Additional vegetatIOn (Carolma Hemlock & Rhodedendron MountaIn Rosebay shrubs)
around the compound will be planted m accordance with the County's landscapmg
reqUIrements
C. The tower will be constructed to accommodate co-locatIon (total 3 carners)
D. The proposed tower Will comply with all FAA regulatIOns & FCC reqUIrements
E. An affidaVit has been presented by the applIcant mdlcatmg the mabllIty to co-locate
4 It IS the County CommiSSIOners' CONCLUSION that the proposed use DOES satisfy the third
general reqUIrement lIsted m the Ordmance, namely that the use Will not substantially Injure the value
of adjOInIng or abuttmg property, or that the use IS a public necessity In support of thiS conclUSIOn,
the CommiSSIOners make the followmg FINDINGS OF FACT
A. Similar type facilities eXist In other commerCIal districts In New Hanover County
B. ExpanSIOn of Wireless telecommulllcatlOn services can enhanc~ emergency commUnIcatIOn
dunng severe weather conditIOns.
C. No eVidence has been presented that this tower compound Will decrease property values or
eXist as a health hazard to reSidents who live nearby
5 It IS the County CommissIOners' CONCLUSION that the proposed use DOES satIsfy the fourth
general reqUIrement hsted 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 m 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 1999 Land Use Plan Identifies this area as Resource ProtectIOn.
B. No County regulated conservatIon or hlstonc resources are located on site
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 BEGRANTED subject to the follOWIng
conditIOns
A. That the apphcant 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 Invahd beyond the
authonty of thiS Board of CommissIOners by a court of competent JunsdlctlOn, then thiS
permit shall become VOId and of no effect.
C. Other'
1) All other apphcable federal, state and local laws
Ordered thiS 3rd day of October 2005
Attest:
1JJIJ~
Robert G Greer, Chairman
~~ L ~~.~
Clerk to the Board