2006-02-06 RM Exhibits
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RESOLUTION MAKING CERTAIN FINDINGS RELATING TO
THE AUTHORIZATION AND ISSUANCE OF GENERAL
OBLIGATION BONDS OF THE COUNTY OF NEW
HANOVER, NORTH CAROLINA, AND AUTHORIZING THE
COUNTY MANAGER AND THE FINANCE DIRECTOR TO
FILE APPLICATION FOR APPROVAL THEREOF WITH THE
LOCAL GOVERNMENT COMMISSION
WHEREAS, the Board of Commissioners ofthe County of New Hanover, North Carolina
(the "County") is considering the authorization of not exceeding $35,500,000 bonds of the
County (the "Bonds") for the purpose of providing funds, together with any other available
funds, for financing parks and recreation facilities, including the acquisition and development of
land, the construction and development of athletic fields, parks, playgrounds, swimming pools
and recreation centers, and the provision of related library, museum and beach improvements in
the County, including paying expenses related thereto;
NOW, THEREFORE, BE IT DETERMINED AND RESOLVED by the Board of
Commissioners of the County:
Section 1.
The Board of Commissioners hereby finds and determines in connection
with authorizing the issuance of the Bonds that (a) the proposed issuance of the Bonds is
necessary or expedient for th~ County, (b) the proposed principal amount of the Bonds is
adequate and not excessive for the proposed purposes of such issue, (c) the County's debt
management procedures and policies are good and are managed in strict compliance with law,
(d) the estimated increase in taxes, if any, necessary to service the Bonds will not be excessive
and ( e) under current economic conditions the Bonds can be marketed at reasonable rates of
interest.
Section 2.
The County Manager and the Finance Director are hereby designated as
representatives of the County to file an application for approval of the Bonds with the Local
Government Commission of North Carolina, and all actions heretofore taken by the County
Manager and the Finance Director and any other officers of the County relating to such matter
are hereby approved, ratified and confirmed.
Section 3.
This resolution shall take effect immediately upon its passage.
This the 6th day of February, 2006.
NEW HANOVER COUNTY
ctJ /~A/vY' Q Co;:v~~
William A. Caster, Vice-Chairman
ATTEST:
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Sheila L. Schult, Clerk to the Board
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
IN THE MATTER OF RENAMING
AN UNNAMED ROAD TO
CLEMMONS WAY
ORDINANCE
It appearing to the Board of County Commissioners of New Hanover County that
consideration has been given to the naming of Clemmons Way, located between Sneeden
Drive to the north and Masons Bluff Court to the south, and having a total approximate
length of 800 feet and is a shown on a map recorded in Plat Book 35, Page 46 in the New
Hanover County Registry. A public hearing was held on Monday, February 6, 2006 at
which time all persons were heard on the question of whether or not the renaming would
be in the public interest; and it further appearing that notice of said hearing was
transmitted to all resident owners and prominently posted in at least two (2) locations
along said road; and published in the Star News local newspaper, and the Board of
County Commissioners is of the opinion that said road in New Hanover County should be
renamed and the renaming of same is in the public interest, the description of which is
delineated on the attached map exhibit.
NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above
described road is hereby named Clemmons Way.
IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the
office of the Register of Deeds of New Hanover County, North Carolina, and that notice
of the action taken by the Board of County Commissioners be transmitted to the
postmaster having jurisdiction over the road, the North Carolina Board of Transportation
and to any city within five (5) miles of said road in accordance with N.C. General Statues
153A-240.
Adopted this the 6h day of February 2006.
1?JdIO~
Robert G. Greer, Chairman
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Clerk to Board
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STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
IN THE MATTER OF RENAMING
AN UNNAMED ROAD TO
FLOUNDER LANE
ORDINANCE
It appearing to the Board of County Commissioners of New Hanover County that
consideration has been given to the naming of Flounder Lane, located between Sound
Watch Drive to the north and Royal Oak Drive to the south, and having a total
approximate length of 780 feet and is a shown on a map recorded in Plat Book 40, Page
93 in the New. Hanover County Registry. A public hearing was held on Monday,
February 6, 2006 at which time all persons were heard on the question of whether or not
the renaming would be in the public interest; and it further appearing that notice of said
hearing was transmitted to all resident owners and prominently posted in at least two (2)
locations along said road; and published in the Star News local newspaper, and the Board
of County Commissioners is of the opinion that said road in New Hanover County should
be renamed and the renaming of same is in the public interest, the description of which is
delineated on the attached map exhibit.
NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above
described road is hereby named Flounder Lane.
IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the
office of the Register of Deeds of New Hanover County, North Carolina, and that notice
of the action taken by the Board of County Commissioners be transmitted to the
postmaster having jurisdiction over the road, the North Carolina Board of Transportation
and to any city within five (5) miles of said road in accordance with N.C. General Statues
153A-240.
Adopted this the 6h day of February 2006.
Attest:
/jfl;~
Robert G. Greer, Chairman
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Clerk to Board
X5z9. 37. Lf
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA
AMENDING THE ZONING AND SUBDIVISION ORDINANCE OF
NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969
A-346, 01106
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969,
as amended be and the same is hereby further amended as follows: (deletion indicated with
, ,
strikethrough, additions indicated with underline)
AMEND ENACTMENT:
AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS
FOR CERTAIN AREAS OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT,
:A:Nf) AMENDMENT OR REPEALING THEREOF, IN ACCORDANCE WITH THE
PROVISIONS OF NORTH CAROLINA GENERAL STATUTES 153A 340
THROUGH 153/.. 348 (5/3/82) INCLUSIVE, AND FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT HEREWITH.
AMEND PREAMBLE:
WHEREAS, the General Statutes of North Carolina empowers the County of New
Hanover to enact a Zoning Ordinance and to provide for its administration, enforcement
flftd amendment or repealing, and
AMEND SECTION I: Authority
The provisions of this ordinance are adopted under authority granted by the General
Assembly of North Carolina. (General Statutes 153 A, ,Articlc 18)
ADD 59.7-4: Approval Process
(1) Overview
c. No rezoning to a Conditional Use District shall be approved unless all conditions
and requirements for the companion Special Use Permit have been included voluntarily
by the petitioner, or their authorized representative. Any condition and site-specific
standards imposed shall address the impacts reasonably expected to be, generated by the
development or use of the site.
ADD 67-9: Tree Removal (7/01)
(5) Failure to obtain a tree removal permit prior to any timber harvest may result in a
three or five-year delay in obtaining a building permit or approval of any development or
subdivision plans.
AMEND 112-3: Planning Board Consideration
The Planning Board shall advise and comment on whether the proposed amendment is
consistent with the County's Policies for Growth and Development and any other adopted
plans that may be applicable.
AMEND 112-5: Action by the County Commissioners
The County Commissioners shall consider the Planning Board's recommendation for
each proposed zoning amendment, unless the Planning Board recommends denial and
the petition is not appealed at a regularly scheduled public hearing, advertised as
described in Section 112-1 above and held in accordance with its rules of procedure then
in effect. No amendment shall be adopted by the County Commissioners until after public
notice and hearing. Prior to adopting or reiecting any zoning amendment, the
Commissioners shall adopt a statement describing whether its action is consistent with
the County's Policies for Growth and Development and explaining why the
Commissioners consider the action taken as reasonable and in the public interest.
AMEND 122-1: The Zoning Board of Adjustment shall have the following powers and duties:
To hear and decide appeals where it is alleged by the appellant that there is error in any
decision made by the Building Inspector or other administrative officials in the carrying
out or enforcement of any provision of the Ordinance. A concurring vote of four-fifths
(4/5) of the members of the Board shall be necessary to reverse, wholly, or partly, any
such decision. Vacant seats and disqualified members are not considered in calculating
4/5 votes.
To authorize upon appeal in specific cases such variances from the terms of this
ordinance as will not be contrary to the public interest where, owing to special conditions
a literal enforcement of the provisions of this Ordinance would result in unnecessary
hardship. No change in permitted uses may be authorized by variance. In granting any
variance, the Board may prescribe appropriate conditions and safeguards in conformity
with this Ordinance. A concurring vote of four-fifths (4/5) of the members of the Board
shall be necessary to grant a variance. A variance from the terms of this Ordinance shall
not be granted by the Board unless and until the following findings are made: (3/7/83)
Section 2. The Subdivision Regulations of the County of New Hanover adopted October
18, 1965, as amended be and the same is hereby further amended as follows:
AMEND 20-17 Subdivision -
A "subdivision" shall include all divisions of a tract or parcel of land into two or more
lots, building sites, or other divisions when anyone or more of those divisions are created
for the purpose, whether immediate or future, of sale or building development, and shall
include all divisions of land involving the dedication of a new street or a change in
existing streets; provided, however, that the following shall not be included within this
definition nor be subject to the regulations authorized by this ordinance:
(1) the combination or recombination of portions of previously subdivided and
recorded lots where the total number of lots is not increased and the resultant lots
are equal to or exceed the standards of the County as shown in its subdivision
ordinance.
(2) the division of land into parcels greater than ten (10) acres where no street
right-of-way dedication is involved.
(3) the public acquisition by purchase of strips of land for the widening or
opening of streets or for public transportation system corridors.
(4) the division of a tract in single ownership whose entire area is no greater than
two (2) acres into not more than three (3) lots, where no street right-of-way
dedication is involved and where the resultant lots are equal to or exceed the
standards of the County as shown in its subdivision ordinance.
ADD 32-5 Contracts to sell Lots from Approved Preliminary Plat
The provisions of this section shall not prohibit any owner or its agent from entering into
contracts to sell or lease by reference to an approved preliminary plat for which a final
plat has not yet been properly approved under the subdivision ordinance or recorded with
the register of deeds, provided the contract does all of the following:
(1) Incorporates as an attachment a copy of the preliminary plat referenced in the
contract and obligates the owner to deliver to the buyer a COPy of the recorded
plat prior to closing and conveyance.
(2) Plainly and conspicuously notifies the prospective buyer or lessee that a final
subdivision plat has not been approved or recorded at the time of the contract, that
no governmental body will incur any obligation to the prospective buyer or lessee
with respect to the approval of the final subdivision plat, that changes between the
preliminary and final plats are possible, and that the contract or lease may be
terminated without breach by the buyer or lessee if the final recorded plat differs
in any material respect from the preliminary plat.
(3) Provides that if the approved and recorded final plat does not differ in any
material respect from the plat referred to in the contract, the buyer or lessee may
not be required by the seller or lessor to close any earlier than five days after the
delivery of a copy of the final recorded plat.
(4) Provides that if the approved and recorded final plat differs in any material
respect from the preliminary plat referred to in the contract, the buyer or lessee
may not be required by the seller or lessor to close any earlier than 15 days after
the delivery of the final recorded plat, during which 15-day period the buyer or
lessee may terminate the contract without breach or any further obligation and
may receive a refund of all earnest money or prepaid purchase price.
The provisions of this section shall not prohibit any owner or its agent from entering into
contracts to sell or lease land by reference to an approved preliminary plat for which a
final plat has not been properly approved under the subdivision ordinance or recorded
with the register of deeds where the buyer or lessee is any person who has contracted to
acquire or lease the land for the purpose of engaging in the business of construction of
residential, commercial, or industrial buildings on the land, or for the purpose of resale or
lease ofthe land to persons engaged in that kind of business, provided that no conveyance
of that land may occur and no contract to lease it may become effective until after the
final plat has been properly approved under the subdivision ordinance and recorded with
the register of deeds."
AMEND 51: Guarantees of Improvements
a) Cost Estimates - The subdivider shall furnish bona fide estimates of the subject
improvements for verification by the County Engineer. Upon approval of the cash,
performance bond or irrevocable letter of credit by the County, the subdivider shall
deposit with the County the amount specified by the County Engineer in the form of cash,
cash equivalent, or irrevocable letter of credit.
AMEND 68: Enforcement of Ordinance
(5) Building Permits may be denied for lots that have been illegally subdivided.
Section 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to
the extent of such conflict, is hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and
general welfare of the inhabitants of the County of New Hanover, North Carolina, and
shall be in full force and effect from and after its adoption.
Adopted the 6th day of February 2006.
Attest:
W~
Robert G. Greer, Chairman
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Sheila L. Schult, Clerk to the Board
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
To Increase a Child Daycare Center from 5 to 8 Children
S-547,01l06
The County Commissioners for New Hanover County having held a public hearing on February 6, 2006
to consider application number S-547 submitted by Thelma Washington for a special use permit to
increase a child daycare center from 5 children to 8 children in an R-lO Residential Zoning District at 309
Cardiff 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:
I. 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 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. County water and sewer serve the property.
B. The property indirectly accesses Castle Hayne Road, an identified arterial, via Rock Hill
Road an identified collector.
C. Fire Service is available from the Wrightsboro Fire 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 -10 Residential.
B. Off-street parking requirements are on the plan and meet the requirements of Article VIII
of the New Hanover County Zoning Ordinance.
C. The entire play area is in an enclosed fence with a minimum height of four feet.
D. The applicant states the day care is licensed by the State of North Carolina.
E. No outside on-premises signs currently exists.
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
B. County.
C. No evidence has been submitted that this proj~ct will decrease property values of
residents who live nearby.
D. No new structures are proposed for the Special Use Permit.
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 rural. The purpose of the Rural class is to
provide for areas of low intensity land uses, such as agriculture, forest management,
mineral extraction and other traditional agrarian uses. This classification discourages the
premature conversion of these lands into urban-type uses and the subsequent loss of
resource production.
B. Policies in the Comprehensive plan support providing additional services for the special
needs population, the elderly as well as for children.
6. Therefore, because the County Commissioners conclude that all of the general and specific conditions
precedent to the issuance of a SPECIAL USE PERMIT HA VE been satisfied, IT IS ORDERED that
the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following
conditions:
A. All applicable federal, state and local laws.
Ordered this 6th day of February 2006
Attest:
1JJL.--~. ~
William A Caster, Chairman
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.
Sheila Schult, Clerk to the Board
S lA. P '-1-. 2. Z
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Singlewide Mobile Home in a R-20 Residential Zoning District
S-550, 02/06
The County Commissioners for New Hanover County having held a public hearing on February 6, 2006
to consider application number S-550 submitted by Deborah Stafford for a special use permit to locate a
singlewide mobile home in a R-20 Residential Zoning District located at 3321 Oakley Circle 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 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 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. The subject property is near the Oakley Mobile Home Park.
B. An individual septic tank and shared well will serve for the utilities.
C. Access to the property is from Oakley Road, off Castle Hayne 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 R-20 and R-15 Residential Zoning District.
B. A Special Use Permit in the R-120 Residential Zoning District permits singlewide mobile
homes.
C. The property can accommodate the setback requirements for a singlewide mobile home.
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. Approximately twenty (20) other mobile homes exist nearby.
B. 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 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 purpose of the Rural class is to provide for areas of low intensity land uses, such as
agriculture, forest management, mineral extraction and other traditional agrarian uses.
This classification discourages the premature conversion of these lands into urban-type
uses and the subsequent loss of resource production.
B. Several other mobile homes exist 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 HA VE been satisfied, IT IS ORDERED that
the application for the issuance of a SPECIAL USE PERMIT BEG RANTED subject to the following
conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use, as well as any additional conditions hereinafter stated.
B. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this
permit shall become void and of no effect.
C. Other:
(1) Family members can only use the mobile home.
(2) The mobile home must use the existing driveway for access and not install a new
one.
(3) All other applicable federal, state and local laws.
Ordered this 6th day of February 2006
'lJ~ a,~
Attest:
William A. Caster, Chairman
~\~\. ~\~
Sheila Schult, Clerk to the Board