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HomeMy WebLinkAbout2005-10-03 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 \j r-b \. ILL my hand and official ,2005. seal this the l\\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 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 S\~^ ~~~~\ 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 y 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: ~\\~\Ck - , ',,'" .' . """,J.',I . ,.,11.1 I 111'1111: I 2. t3 'J... "8 t3 . Sg 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 ~., \/.~\\ 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