2006-01-09 RM Exhibits
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PROCLAMATION
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
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WHEREAS, the New Hanover Human Relations Commission, the Greater Wilmington
Chamber of Commerce, and the Friends of Human Relations are sponsoring Human Relations
Month; and
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WHEREAS, the theme for Human Relations Month is, "Hand in Hand, Together We
Can!"; and
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WHEREAS, we encourage all citizens to respect and work to establish equal rights for all
persons regardless of race, color, sex, religion, age, disability, or familial status; and
WHEREAS, through practicing the principles of Human Relations Month on an every day
basis, we help to preserve, protect, and perpetuate the rights of each person to freedom, liberty, and
justice.
NOW, THEREFORE, The New Hanover County Board of Commissioners hereby
proclaims the month of February 2006 as
, ,
,
HUMAN RELATIONS MONTH
in New Hanover County, North Carolina and call upon all citizens of the New Hanover County area
to sincerely join forces in creating and practicing a mutual bond offellows~ip with all citizens and
resolve to accept a personal challenge to improve the status of all people through assurance of the
basic human rights of justice, freedom, and dignity.
Adopted this, the 9th day of January 2006.
/fJ;)j.~
Robert G. Greer, Chairman
ATTEST:
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Sheila L. Schult, Clerk to the Board
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RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received by the Finance Department at 3 :00 p.m., on
the 1 st day of December, 2005, at the County Administration Building, 320 Chestnut Street, Wilmington,
North Carolina, and the following proposals were received for the purchase of Telephone System Replacement
for the County, including installation, project management, and training, RFP # 06-0114'
A vnet
BellSouth
Black Box
4Front
Sprint
Premier Communications
Strategic Products and Services
Teleco
$ 920,873.16
$ 721,811.91
$ 935,373.32
$ 999,825.10
$ 732,062.20
$ 850,858.93
$1,090,072.39
$1,195,203.72
AND WHEREAS, the bidding process for the Replacement Telephone System was handled in
accordance with General Statute 143-129.8 which gives the County flexibility in purchasing technology items;
AND WHEREAS, solicitations under this statute allows the County to award a contract that provides
the best total solution for the County and the County is not restricted to selecting the lowest bidder;
AND WHEREAS, the statute also allows for negotiations with bidders;
AND WHEREAS, the proposals were all evaluated and rated on their technical responses by a
committee before the pricing proposals were opened;
AND WHEREAS, through this process the County was able to determine that the BellSouth proposal
best met the requirements of the County including the necessity of having Phase 1 completed by March 24,
2006;
AND WHEREAS, the Information Technology Director, the Interim Finance Director and the County
Manager recommend that the contract be awarded to BellSouth, the bidder providing the best solution and cost
package to the County, in the amount of seven hundred twenty-one thousand, eight hundred eleven dollars
and ninety-one cents ($721,811.91);
AND WHEREAS, the purchase of required equipment and services for the telephone system
replacement project was approved in the adoption of the current budget with the costs for this project to be
financed through installment purchase financing;
AND WHEREAS, the financing agreement for this item will be brought back to the Commissioners at
a later meeting and the funds to pay the debt service payments for this fiscal year were included in the adopted
budgeted for fiscal year 2005/06, and are now in account # 11008300-701120;
AND WHEREAS; pursuant to the requirements ofthe United States Treasury Regulations Section
1.1.03-8, the County hereby declares its official intent to reimburse itself with the proceeds of the financing for
any ofthe expenditures incurred by it prior to the issuance of the financing;
AND WHEREAS, balance of the project funds will be used to purchase, through normal County
procedures, related equipment and services that are not included in the award of this contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover
County that
I) Statement of Work # 06-0114 with BellSouth and an amendment to Contract #06-0027 for
acquisition of equipment for the telephone system replacement project contract amount seven
hundred twenty-one thousand, eight hundred eleven dollars and ninety-one cents
($721,811.91) is approved; and
2) the County Manager is hereby authorized and directed to execute statement of work # 06-
0114 and the amendment to contract # 06-0027, statement of work and contract forms to be
approved by the County Attorney; and
3) the Information Technology Director will be the project director and coordinate the project
and purchase any remaining required equipment and services that are not included in the
award of statement of work # 06-0114; items to be purchased through normal County
procedures; and
4) pursuant to the requirements of the United States Treasury Regulations Section 1.1.03-8, the
County hereby declares its official intent to reimburse itself with the proceeds of the financing
for any of the expenditures incurred by it prior to the issuance ofthe financing.
This 9th day of January, 2006.
(SEAL)
ATTEST:
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Cler to the Board
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Chairman, Board of County Commissioners
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
Supporting the Solicitation of New Voting Machine Vendors and
Relief in Implementation of New Voting Machine Requirements
WHEREAS, the State of North Carolina has ratified Senate Bill 223 which, among other things, requires
that all voting systems generate either a paper ballot or a paper record by which voters may verify their votes
before casting them, and to provide handicapped friendly voting systems, and
WHEREAS, to ensure the standardization of the purchase of the newly required voting equipment, the
State Board of Elections solicited and approved five voting system vendors to ensure that every county could
purchase voting equipment at the same price statewide, and
WHEREAS, of the five vendors selected by the State Board of Elections, all but one vendor has
withdrawn its offer, thereby leaving no vendors approved by the State Board of Elections competing to provide the
requisite equipment; and
WHEREAS, it is in the best interest of the citizens of New Hanover County that competitive sourcing be
employed in the purchase of new voting equipment; and
WH EREAS, the State Board of Elections decertified New Hanover County's voting system on December
1,2005, and
WHEREAS, New Hanover County is working with the North Carolina Association of County
Commissioners to explore amending Senate Bill 223 and requesting that the State Board of Elections recertify
New Hanover County's equipment at least through the May 2006 primary;
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners hereby
requests that the North Carolina General Assembly direct the State Board of Elections recertify New Hanover
County's voting system to allow for it to at least conduct the May 2006 primary election using its current voting
equipment, to reevaluate whether New Hanover County's existing optical scan equipment with paper trail
documentation is, or can be modified to be, consistent with Federal and State requirements, to direct the State
Board of Elections to solicit additional proposals for voting system vendors, and to allow for an extension of time
in which to implement the new voting requirements, thereby permitting the solicitation of new voting machine
vendors in order to promote free and open competition among vendors for the purchase of the newly required
voting equipment.
FURTHER BE IT RESOLVED, that the New Hanover County Board of Commissioners requests that the
Chairman of the New Hanover County Board of Commissioners send a letter and a copy of this resolution to
Governor Michael F Easley, Senator Julia Boseman, Representative Carolyn H Justice, Representative Thomas
E. Wright and Representative Daniel F McComas with copies to be forwarded to the North Carolina League of
Municipalities, the North Carolina Association of County Commissioners, and the State Board of Elections
ADOPTED this the 9th day of January, 2006
ATTEST.
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Sheila L. Schult, Clerk to the Board
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Robert G. Greer, Chairman
2.. 132. Z5. fJ,6
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No. 8B
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 7, 1972
CASE: Z-820, 11/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
SectIOn I. The ZOnIng Map of ZOnIng Area No. 8B IS hereby amended by removmg the heremafter
described tract from 0 & I Office and InstItutIOnal Zoning Distnct and creatmg a CD (I-I) CondItional
Use LIght Industrial Zoning DIstrict at 6631 and 6639 Gordon Road and SaId land bemg described as
follows:
Begmnmg at a stake m the northeastern edge of Gordon Road (whIch connects Highway #30 and #40, VIa
the aVIation field) 3,210 feet Southward, as measured along the northeastern edge of SaId road from the
center of the culvert across the saId road in the run of BIg Gum Branch; running thence from the said
BeginnIng along SaId road, South 56 degrees 1 mmutes, East 150 feet to a stake; thence North 33 degrees
50 minutes East along the dIVIding line between tracts 9 and 10, a dIstance of 594 feet to a stake m the
eastern Ime of the Thomas Howe patent; thence North 2 degrees 10 minutes West wIth the said eastern
line of the Howe patent 258 feet to a stake; thence South 33 degrees 50 minutes West 800 feet to the pomt
of the BeginnIng; the same containing 2.4 acres, more or less, and bemg known as Tract 9, having the tax
PIN number of R04300-003-030-000, and bemg the same lands descnbed in the deed book recorded in
Book 2804 at Page 642 in the New Hanover County RegIstry; and the deed recorded m Book 4512 at
Page 884 in the New Hanover County registry. (6631 Gordon Road)
BeginnIng at a stake m the northeastern edge of Gordon Road, 3, 360 feet Southward, as measured along
the northeastern edge of SaId road from the center of the culvert across the SaId road m the run of BIg
Gum Brach; running thence from the said Beginning, along said road, South 56 degrees 10 minutes East
150 feet to a stake; thence North 33 degrees 50 mInutes East along the dividing line between Tracts 10
and II, a distance of 382 feet to a stake In the eastern lIne of the Thomas Howe patent; thence North 2
degrees 10 mmutes West wIth the said eastern line of the Howe patent 258 feet to a stake; thence South
33 degrees 50 minutes West 594 feet to the point of BegInnIng, the same contaming 1.6 acres, more or
less, haVIng the PIN number R04300-003-031-000, and being the same lands deSCribed In the deed book
recorded In Book 2804 at Page 644 In the New Hanover County RegIstry; and the deed recorded in Book
4512 at Page 881 In the New Hanover County regIstry. (6639 Gordon Road)
Section 2. The County Clerk is hereby authonzed and directed under the supervision of the County
CommISSIOners to Change the ZonIng Map Area No. 8B 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 ordmance, to the extent of
such conflIct, IS hereby repealed.
SectIon 4. ThIS ordinance is adopted in the Interest of public health, safety, morals and general welfare of
the mhabitants of the County of New Hanover, North CarolIna, and shall be in full force and effect from
and after ItS adoptIon
Adopted the 9th day of January 2006.
Attest:
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SheIla Schult, Clerk to the Board
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Robert G. Greer, ChaIrman
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER DENYING A SPECIAL USE PERMIT
For A Telecommunication Facility in a R-15
S-537,09/05
The County Commissioners for New Hanover County having held a public hearing on January 9,2006 to
consider application number S-537 submitted by Blanchard, Jenkins et al for Cingular Wireless for a
special use permit to locate a telecommunications facility in a R-15 Residential District located at 1540
Murrayville Road 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 FIND AS A FACT that the specific requirements set forth in Section 72-
27 of the County Zoning Ordinance WILL NOT be satisfied if the property is developed in
accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES NOT satisfy the fourth
general requirement listed in the Ordinance; namely that the location and character of the use if
developed according to the plan as submitted and approved will be in harmony with the area in which
it is to be located and in general conformity with the plan of development for New Hanover County.
In support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The County Commissioners do not find the telecommunication tower would be in harmony with
the residential neighborhood adjacent to which it would be placed. The Board is not satisfied that
the tower would not impose an undue visual hardship upon these residents, nor that there is not a
location at which the tower could be placed which would not impose such a hardship and/or
create such a disharmonious situation.
3. Therefore, because the County Commissioners conclude that all of the general and specific conditions
precedent to the issuance of a SPECIAL USE PERMIT are not satisfied, IT IS ORDERED that the
application for the issuance of a SPECIAL USE PERMIT BE DENIED.
Ordered this 9th day of January 2006
Attest:
~~\~~~~~
Sheila L. Schult, Clerk to the Board
.
Robert G. Greer, Chairman
..5 Ll P If'.. l. '2.,
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
To Locate a Mini Warehouse Facility in a CD (1-1) Light Industrial District
Z-820, 12/05
The County CommissIoners for New Hanover County haVing held a public hearing on January 9, 2006 to
consIder applicatIOn number Z-820 (CD) submItted by Wilham Ambrose for a special use permIt to
expand parking by locating a minI warehouse facilIty In an CondItional Use (CD) 1- I LIght Industnal
Zoning Dlstnct at 6631 & 6639 Gordon Road and having heard all of the evidence and arguments
presented at the heanng, make the following FINDINGS OF .FACT and draw the following
CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the speCIfic reqUIrements set forth in
SectIOn 72-27 of the County Zoning Ordinance WILL be satisfied if the property IS developed in
accordance WIth the plans submItted to the County Coml1llsslOners
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satIsfy the first general
reqUIrement listed In the Ordinance; namely that the use will not 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 following FINDINGS OF FACT:
A. The subject property IS located WIthin the Ogden VFD.
B. Proposed access to the sIte is from Gordon Road and Ogden Park Drive.
C. County water and sewer will serve the sIte.
3. It IS the County CommIssioners' CONCLUSION that the proposed use DOES satIsfy the second
general reqUIrement listed in the Ordinance; namely that the use meets all required condItions and
specifications In support of this conclUSIOn, the CommIssioners make the follOWing FINDINGS OF
FACT:
A. The petitioner IS proposing three (3) one story buildings totaling 79,887 square feet.
B. The petitioner IS also proposing a 1,200 square foot office bUIlding.
C. A site plan has been submitted that can meet the landscaping, setback, and buffer
reqUIrements of the ordinance. However, the tree survey for the site needs to be finalized.
D. Several SIgnificant trees are located on site and WIll need to be mitIgated.
4. It IS the County CommIssIoners' CONCLUSION that the proposed use DOES satIsfy the thIrd
general reqUIrement listed in the Ordinance; namely that the use WIll not substantIally Injure the value
of adJolnmg or abutting property, or that the use IS a pubhc necessIty. In support of this conclUSIOn,
the CommiSSIOners make the following FINDINGS OF FACT:
A. The western property line of the subject property abuts Farrington Farms subdIVISIon
which is In a R-I 0 DIstrict. Zoning on the adjacent parcels to the east is 0&1.
B. Zonmg across Gordon Road from the property is 1-1 Light Industrial.
C. The subject property IS across the street from Ogden Park and Eaton Elementary Schoo\.
5. It is the County CommiSSIOners' CONCLUSION that the proposed use DOES satIsfy the fourth
general reqUIrement listed In the Ordinance; namely that the locatIOn and character of the use if
developed according to the plan as submitted and approved will be in harmony with the area 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 site IS classIfied Developed on the County's 1999 Land Use Plan. The purpose of the
Developed class is to provide for continued intensive development and redevelopment in
existIng urban 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 BE GRANTED subject to the folloWIng
condItions:
A. Protect the two SIgnIficant oak trees located near the front of the property.
B. Confine the lIghtIng to the site and away from adjoInIng reSIdentIal neIghborhoods.
C. Install an eIght-foot high fence adjacent to Farrington Farms subdivision in the buffer
yard.
D. LImit hours of operation to 6:00 am to 9:00 pm.
E. Install an eIght-foot alumInum estate fence behInd the office bUIldings to accommodate a
larger street yard and preserve the natural tree canopy.
F. Allow no yards sales on premises.
Ordered this 9th day of January 2006
Attest:
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Robert G. Greer, ChaIrman
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Sheila Schult, Clerk to the Board
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AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No.4
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED April 4, 1971
CASE: Z-822, 12/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area No.4 is hereby amended by removing the hereinafter
described tract from the R -15 ResidentIal Zoning District Classification and placing it III the R -10
Residential Zoning District Classification, said land being described as follows:
Beginning at a point in the northwestern boundary of Dunhill Lane, a 60' public right -of-way; said
point being located North 34055' 17" West, 43.17 feet from a centerline monument at a turn in the
road; and running thence from that point of beginning, with Dunhill Lane right-of-way, South
09006'09" West, 201.97 feet to a point; thence with the northern boundary of Brewster Place,
recorded among the land records ofthe New Hanover County Registry in Map Book 37, at Page 112
and Map Book 37, at Page 216, North 72016'08" West, 1064.13 feet to a point; thence North
50012'34" East, 674.77 feet to a point; thence South 53000'53" East, 124.97 feet to a point; thence
South 56047'37" East, 49.72 feet to a point; thence South 72045'20" East 539.75 feet to a point;
thence South 11029' 10" West, 172.02 feet to a point; thence South 78030'50" East 45.00 feet to a
point; thence South 11 029' 10" West, 141.17 feet to a point in the northern boundary of Dunhill
Lane; thence with that right-of-way, North 78056'44" West, 113.71 feet to the point and place
beginning, containing 11.01 acres, more or less.
Section 2. The County Clerk is hereby authorized and directed under the supervision of the County
Commissioners to Change the Zoning Map Area No.4 on file in the office of the County
Commissioners, so as to make it comply with this ordinance
Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent
of such conflIct, is hereby repealed.
Section 4. This ordinance is adopted III 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 9th day of January 2006.
Attest:
~~\~~~~1-
Shelia Schult.. Clerk to the Board
/filJ1:4J..-
Robert G. Greer, Chairman
Z- 6;l. ~A '9:L
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No. SA
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 7,1972
CASE: Z-S25, 12/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area No. 8A is hereby amended by removing the hereinafter
described tract from the R -15 Residential Zoning District Classification and placing it in the I-I
Light Industrial Zoning Distnct Classification, said land being described as follows:
Beginning at an iron pipe in the Western right of way if the Blue Clay Road (SR #1310) (30.0 feet
from the center Ime thereof), said point being North 30 degrees 49 minutes East 999.05 feet from an
iron pipe in the dividing line between the lands of formerly John E. Wood and H. Burguin, said point
being North 86 degrees 17 minutes West 67.4 feet from the Northwestern corner of Wood Haven
Subdivision, as shown on a map prepared by J.B. Davis Jr., February 19, 1959, and duly recorded in
Map Book 6, at Page 101 of the New Hanover County Registry; running thence from said beginning
point, parallel with the aforementioned Wood-Burguin dividing line, West 700 feet to point; said
point being the starting point for this zoning district descnptIOn; thence from said starting point
along the same line, continuing on the same line West 870 feet the Western line of a tract of land
conveyed by Mary Netreba to Victor Charles Netreba by deed recorded in Book 874 at Page 622 of
the New Hanover County Registry; said point being North 6 degrees 05 minutes West 902.5 feet
from an iron pipe at the Southwestern corner of said Netreba tract of land aforementioned W ood-
Burguin dividing line; running thence along the Western line of said Netreba tract of land, North 6
degrees 05 minute West 105.76 feet to an iron pipe, running thence Northeast 889.0 feet to a point;
running thence North 180.0 feet to the point of Beginning containing 3.0 acres, more or less.
Section 2. The County Clerk is hereby authorized and directed under the supervision of the County
Commissioners to Change the Zoning Map Area No. 8A 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 m conflict with thIS ordinance, to the extent
of such conflict, is hereby repealed.
Section 4. This ordmance 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 9th day of January 2006.
Adopted the 9th day of January 2006.
Attest:
~\~\~ ~.~0..~\
Sheila Schult, Clerk to the Board
/!ilJ}J4-
Robert G. Greer, Chairman
:SlAP 4-.1.~
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
To Locate Non-Residential Off-Street Parking for 28 Spaces in a R-15 Residential District
S-544, 12/05
The County CommIssioners for New Hanover County having held a public hearIng on December 5, 2005
to consIder application number S-544 submItted by ChrIS Johns for GP Pond Associates for a special use
- permIt to expand parking by locatIng a 28 non-resIdentIal off-street parkIng spaces in an R-15 ReSIdential
Zoning DistrIct at 5564 Carolina Beach Road and having heard all of the eVIdence ~nd arguments
presented at the hearing, make the folloWIng FINDINGS OF FACT and draw the folloWIng
CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth In
SectIOn 72-27 of the County Zoning Ordmance WILL be satisfied if the property is developed in
accordance with the plans submItted to the County CommIssIoners.
2. It IS the County Commissioners' CONCLUSION that the proposed use DOES satIsfy the first general
reqUIrement lIsted in the OrdInance; namely that the use wIll not materIally endanger the publIc health
or safety If located where proposed and developed accordIng to the plan as submitted and approved.
In support of thIS conclusion, the CommiSSIOners make the following FINDINGS OF FACT:
A. Access to the facility will be from the existing parking lot WIth connections to Dunhill
Lane and Carolina Beach Service Rd
B. Fire Service IS available from the Myrtle Grove Station nearby.
3 It is the County CommiSSIOners' CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in the OrdInance; namely that the use meets all required condItIOns and
specifications. In support of thIS conclUSIOn, the CommiSSIOners make the following FINDINGS OF
FACT:
A. The property IS zoned R-15 ReSIdentIal CommercIal ParkIng may be permItted in
ReSIdential DIstrIcts by Special Use PermIt.
B. Buffer yards and Setbacks have been shown on the plan.
4. It is the County CommIssioners' CONCLUSION that the proposed use DOES satisfy the third
general reqUIrement listed in the OrdInance; namely that the use wIll not substantially Injure the value
of adjOInIng or abutting property, or that the use IS a publIc necessIty. In support of thIS conclUSIOn,
the Commissioners make the folloWIng FINDINGS OF FACT:
A. Similar type faCIlItIes eXist in other reSIdential distrIcts in New Hanover
County.
B. No eVidence has been submitted that thIS project will decrease property values of
reSIdents who lIve nearby.
5. It is the County CommiSSIoners' CONCLUSION that the proposed use DOES satisfy the fourth
general requirement lIsted in the OrdInance; namely that the locatIOn and character of the use If
developed according to the plan as submitted and approved wIll be In harmony with the area In whIch
it is to be located and in general conformity WIth the plan of development for New Hanover county.
In support of this conclUSIOn, the CommiSSIOners make the following FINDINGS OF FACT:
A. The 1999 Land Use Plan Identifies this area as Urban TranSItIOn, whIch allows for more
Intense development.
B. The property adjoIns a Commercial Center south of Monkey, JunctIon.
C. Site lIghtIng shall be located so as not to shIne on adjacent reSidential property.
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. EXistIng tree line and vegetatIOn should remain along Dunhlll Lane.
Ordered thiS 9th day of January 2006
Attest:
~M-
Robert G Greer, Chairman
~\;~~ '-.~~
Sheila Schult, Clerk to the Board
-Su.P 1.f; t.'t
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Singlewide Mobile Home in a RA Rural Agricultural Zoning District
8-548, 01106
The County Commissioners for New Hanover County having held a publIc hearmg on January 9, 2006 to
consider application number S-548 subrrutted by Danette Grant Young for a specIal use permit to locate a
single wIde mobIle home in a RA Rural Agncultural DIstrict located at Lot IO Castle Farms Road and
having heard all of the eVIdence and arguments presented at the hearing, make the followmg FINDINGS
OF FACT and draw the following CONCLUSIONS:
1. The County CommiSSIOners FIND AS A FACT that all of the specIfic requirements set forth m
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 accordmg to the plan as submitted and approved.
In support of thIS conclusion, the CommIssioners make the followmg FINDINGS OF FACT: .
A. The subject property IS part of the Castle Farms Mobile Home subdIVISIOn located in the
Castle Hayne community near Lynn A venue, Lot 10 Castle Farms Road.
B. An individual well and septic tank serve for the utIlIties.
C. Access to the property IS from Castle Farms Road.
D. Fire ServIce IS avaIlable from the Castle Hayne VFD.
3. It is the County CommiSSIOners' CONCLUSION that the proposed use DOES satIsfy the second
general requirement lIsted in the Ordinance; namely that the use meets all required condItions and
specIfications. In support of thIS conclUSIOn, the CommiSSIOners make the following FINDINGS OF
FACT:
A. The property IS zoned RA Rural Agricultural ZOnIng District.
B. A SpeCIal Use Permit in the Rural Agncu1tural zoning dlstnct permIts singlewide mobIle
homes.
C. The property can accommodate the setback requirements for a singlewide mobile home If
the home is re-oriented or a vanance IS granted.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satIsfy the thIrd
general requirement lIsted In the OrdInance; namely that the use WIll not substantially injure the value
of adjoinmg 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. Several other singlewlde mobIle homes exist nearby.
B. A smglewide mobIle home recently receIved a SpeCIal Use PermIt at the corner of Lynn
Avenue and Castle Farms Road. Another smglewlde mobIle home receIved a SpeCIal
Use Permit m July of 2005 at Lot 21 on Castle Farms Road.
C. No evidence has been submItted that thIS project will decrease property values of
reSIdents or commercIal uses nearby.
5. It IS the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth
general requirement listed III the OrdIllance; namely that the location and character of the use If
developed accordIllg to the plan as submItted and approved will be in harmony with the area in whIch
It is to be located and III 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 New Hanover County ComprehensIve Plan classifies the sIte as Resource ProtectIon.
The purpose of the Resource Protection class is to provide for the preservatIOn and protectIOn
of important natural, historic, scenic, wildlife, and recreational resources.
B. Other mobile homes are located nearby, some for 10 years or more.
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 III the
OrdIllance for the proposed use, as well as any additIOnal conditIOns hereIllafter stated.
B. If any of the conditIOns Imposed by this special use permit shall be held invalId beyond the
authority of this Board of CommISSIoners by a court of competent jUrIsdiction, then this
permit shall become void and of no effect.
C. Other:
I) All other applicable federal, state and local laws.
Ordered this 9th day of January 2006
Attest:
'lJJ^~
Robert G. Greer, Chairman
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Sheila Schult, Clerk to the Board