2006-04-03 RM Exhibits
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PROCLAMATION
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, the New HahoverCounty Partnership for Children, in conjunction with the
National Association for the Education of Young Children, is celebrating The Week of
the Young Child..Apri12-8, 2006; and
WHEREAS, since 1997, the New Hanover County Partnership for Children has
provided health care, family support, and access to quality and affordable childcare to the
11,500+ children under age six that live in the county; and
WHEREAS, over 70% of children ages birth to five in New Hanover County live in
single parent homes, 16% of children ages birth to five in New Hanover County live in
poverty and 6% of children in New Hanover County who receive child care subsidy are
emoUed in non-licensed care situations; and
WHEREAS, the future of our community depends on the quality of early childhood
experiences provided to young children today; and
WHEREAS, high quality early childhood services represent a worthy commitment to our
children's future.
NOW, THEREFORE BE IT PROCLAIMED, by the New Hanover County Board of
Commissioners that the week of April 2-8, 2006 be recognized as
The Week of the Young Child
in New Hanover County. All citizens are urged to recognize and support the needs of our
young children.
Adopted this the 3rd day of April 2006.
[Attest]
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Robert G. Greer, Chairman
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Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
EDDIE AND JEAN LA WLER
CHAIRPERSONS FOR 2005 ENCHANTED AIRLIE
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WHEREAS, Eddie and Jean Lawler served as Chairs of the 2005 "Enchanted
Airlie" holiday lights display at Airlie Gardens; and
WHEREAS, Eddie and Jean Lawler's vision for the inaugural holiday event
was to ere ate a new tradition in the area; and
WHEREAS, more than 13,500 visitors participated in "Enchanted Airlie"
making for a profitable first attempt at creating a new community experience;
and
WHEREAS, Eddie and Jean Lawler's graciousness, generosity, and 'can-do'
attitude during the months of planning leading up to "Enchanted Airlie", are
exemplary of their community spirit.
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County
Board of Commissioners does hereby express their thanks and appreciation to
Eddie and Jean Lawler for their tireless support for "Enchanted Airlie", and
encourages all citizens to consider volunteerism as a way to support their
community.
Adopted this 3rd day of April, 2006.
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Robert G. Greer, Chairman
ATTEST:
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Sheila L. Schult, Clerk to the Board
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PROCLAMATION
SEXUAL ASSAULT AWARENESS MONTH
APRIL 2006
WHEREAS, with over 313 rape and sexual abuse victims served in the last year, sexual assault affects
every person in New Hanover County as a victim or survivor, family member, significant other, neighbor,
or co-worker of a survi\(or; and
WHEREAS, many citizens of Wilmington, North Carolina are working to provide quality services and
assistance to sexual assault victims or survivors, including dedicated community volunteers, who provide
crisis response on hotlines and respond to emergency departments to offer support, provide comfort and
offer advocacy during forensic medical exams, criminal proceedings, and throughout the healing process;
and
WHEREAS, reaching over 6,032 participants the New Hanover County Rape Crisis Center staff and
volunteers are promoting prevention and awareness education by offering training to schools, churches,
civic organizations, as well as professional training for medical, mental health, law enforcement,
education and criminal justice personnel regarding sexual assault issues and victim response; and
WHEREAS, it is critical to increase New Hanover County's awareness of sexual assault, to educate
citizens regarding the prominent incidence of sexual violence, efforts to reduce sexual violence, increase
support and cooperation between agencies providing sexual assault services, and to increase the
awareness of the healing power of creative expression for victims and survivors in the community
through events such as Rock Against Rape and Operation Freefall; and
WHEREAS, in cooperation with Child Abuse Prevention Month efforts, it is important to alert New
Hanover County that of the 313 rape and sexual abuse victims served at the Rape Crisis Center last year,
114 ofthese ofthese victims were under the age of 18; and
WHEREAS, the Rape Crisis Center of Coastal Horizons Center, Inc. and the New Hanover County
Sexual Assault Response Team request public support and assistance in aspiring toward a society where
all women, children and men can live in peace, free from sexual violence, rape, sexual abuse and sexual
exploitation in all its forms.
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NOW, THEREFORE BE IT RESOLVED THAT the New Hanover County Board of
Commissioners proclaim the month of April 2006 as SEXUAL ASSAULT AWARENESS
MONTH; and
BE IT FURTHER RESOLVED, that the Board of County Commissioners pledge and request the
citizens, public and private, professional and volunteer, to redouble their efforts to obliterate sexual
violence from our families, neighborhoods and community.
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Robert G. Greer, Chairman
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Adopted this the third day of April, 2006.
ATTEST:
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Sheila L. Schult, Clerk to the Board
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NEW HANOVER COUNlY BOARD OF COMMISSIONERS
PROCLAMATION
CHILD ABUSE PREVENTION MONTH
APRIL 2006
".
WHEREAS, Child Abuse continues at near record levels across our Nation and State; and
WHEREAS, in Fiscal Year 2004-2005, there were 3011 child abuse and neglect reports
involving 3385 children in New Hanover County; and
WHEREAS, 485 children in New Hanover County were found to be abused or neglected; and
WHEREAS, April 2006 has been proclaimed Child Abuse Prevention Month in North Carolina;
and
WHEREAS, beyond the family unit, the effects of Child Abuse are most immediately felt in
neighborhoods and communities; and
WHEREAS, Child Abuse, like other crimes and social problems, destroys the tranquility of
families, neighborhoods and communities and robs children of their childhoods and
neighborhoods oftheir vitality; and
WHEREAS, the family unit is the building block of the community, and healthy families make
healthy" communities; and
WHEREAS, the most effective solutions are local solutions and there are within our community,
professionals of all disciplines and volunteers from all walks of life dedicated to the amelioration
of effects of child abuse,
NOW, THEREFORE BE IT RESOLVED THAT the New Hanover County Board of
Commissioners proclaims the month of April 2006 CIDLD ABUSE PREVENTION MONTH;
and
BE IT FURTHER RESOLVED THAT the Board of County Commissioners pledge and
request the citizens, public and private, professional and volunteer to redouble their efforts to
obliterate the social problem of child abuse from our families, neighborhoods and community.
Adopted this the 3rd day of April, 2006,
ATTEST:
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Sheila L. Schult, Clerk to the Board
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, NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
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APPRECIATION WEEK FOR
COUNTY DEPARTMENT OF SOCIAL SERVICES EMPLOYEES
APRIL 17-21,2006
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WHEREAS, dedicated men and women in the New Hanover County Department of Social
. Services provide services and support for thousands of our citizens; and
WHEREAS, these Social Services professionals accomplish many goals in their life's work;
they provide financial and medical assistance for those unable to meet basic needs; protect
children, older adults and the disabled; guide the needy toward self-sufficiency though education
and job placement; offer services to children, older adults and the disabled that enhance their
quality of life and provide administrative support for program operations; and
WHEREAS, these Social Services professionals are dedicated to improving the quality of life
for the citizens of this County. They also strive to improve the delivery of services and to
operate social services programs as efficiently and effectively as possible;
NOW, THEREFORE BE IT RESOLVED THAT the New Hanover County Board of
Commissioners proclaims the week of April 17-21, 2006, APPRECIATION WEEK FOR
COUNTY DEPARTMENT OF SOCIAL SERVICES EMPLOYEES in New Hanover County,
and urge our citizens to recognize these professionals and commend them for their efforts.
Adopted tIllS 3rd day of April, 2006
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Robert Greer, Chairman
Attest:
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Sheila L. Schult, Clerk to the Board
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AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY ADOPTED
OCTOBER 6,1969
CASE: A-345, 12/05
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:
Amend
Section 55-4: Dimensional Requirements
(4) Maximum Building Height - 40 feet; except that buildings located within the Urban Transition Area
and fronting along a collector, Minor Arterial or Principal Arterial as indicated on the County's
Thoroughfare Classification Plan, may exceed 40 feet provided their FAR does not exceed 1.0 (2/7/83)
(10/5/95)
The FAR may exceed 1.0, but shall not exceed 1.4 if;
(a) The ratio of the total building footprint to the total buildable s}te area does not
exceed 40%, and
(b) The required parking (exclusive of off-loading and service parking) is included
within the building footprint.
NOTE: Parking deck area calculations shall be excluded from the total building' area calculations when
computing the FAR and the total height of the parking structure shall be excluded from the height limits
specified in this article (04/06).
If all surface parking (excluding visitor drop-off and pick-up) is within the building footprint, additional
floor area can be added at the rate of 1 ft of floor area per 1 ft of parking area. '
Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such
conflict, is hereby repealed.
Section 3. This ordinance is adopted in 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 3rd day of April 2006.
1;JJA~
Robert G. Greer, Chairman
Attest:
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Sheila Schult, Clerk to the Board
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AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA
AMENDING THE ZONING ORDINANCE OF
NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969
A-346,01/06
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:
ADD:
109.2 Development Agreements
In addition to the requirements of this Ordinance and as provided in
NCGS 153A-379, the County Commissioners after conducting a pubic
hearing may enter into private development agreements. These
development agreements may require a commitment of public and private
resources for large scale projects. Such projects must contain at least 25
acres or more exclusive of wetlands, mandatory buffers, and other portions
of the propel1y precluded from development. In entering into such
agreements, the County may not exercise any authority or make any
commitment not authorized by general or local act and may not impose
any tax or fee not authorized by otherwise applicable law.
Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to
the extent of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in 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 3rd day of April 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
S-549 High Density Residential
(4416 South College Road)
The New Hanover County Board of CotlmUssioners having held a public hearing on
April 3, 2006, to consider a request by Withers and Ravenel for Kevin Hoban for a special
use permit to allow a 122-unit high density project at 4416 South College Road, and having
heard all of the evidence and arguments presented at the hearing, make the following
FINDINGS OF FACT:
1. The number of units which would be constructed on the property, with its current
zoning, in the absence of a special use permit, is thirty (30). Thus, at 122 units, the
requested special use permit is for an increase of ninety-two (92) units.
2. The project as proposed would create an additional 200 trips per day, approximately,
on College Road, which is currently an F-rated thoroughfare, when compared to a non-high-
density development on the same property.
3. The project would be visible from the adjoining Georgetown subdivision, and these
large condominium buildings would be less harmonious with tl1.at neighborhood tl1.an a
single-family development allowed by right in the R15 zone.
4. While there is an apartment complex to the rear of this property, all of tl1.e
immediately surrounding property to tl1.e soutl1., east and nortl1. are neighborhoods consisting
of single family construction.
5. Georgetown subdivision is already experiencing dangerous traffic patterns due in
large part to cut-through traffic between 17th Street Extension and College Road, and the
proposed project has the potential to make that situation worse.
6. The project would in no way improve the traffic intensity, flow or any other aspect
of traffic on College Road.
7. Questions remain as to whether the project would worsen floodIDg problems in the
adjacent Georgetown subdivision.
Based upon the precedIDg FINDINGS OF FACT, the Board hereby renders the
following CONCLUSIONS:
8. The project as proposed does not meet the fourth requirement of the New Hanover
County Zoning Ordinance, Section 71-1, in tlut the location and character of the use if
developed according to the plan as submitted and approved would not be in harmony with
the area in which it would be located, and would not be in general conformity with tlle plan
of development of New Hanover County.
9. Therefore, because tlle County Commissioners conclude that all of tlle general and
specific conditions precedent to the issuance of the special use permit have not been
satisfied, it is ordered that the application for the issuance of a special use permit be
DENIED.
Ordered this 3 ,,-A day of April, 2006.
Attest:
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Clerk to the Board
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Community Boating Facility (7 Boat Slips) in a R-20S District
S-554, 03/06
The County Commissioners for New Hanover County having held a public hearing on April 3, 2006 to
consider application number S-554 submitted by GCW Properties for a special use permit to locate a 7
Slip Community Boating Facility in a R-20S Residential Zoning District located at 1647 & 1653 Canady
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 all of the specific requirements set forth in
Section 72-27 of the County Zoning Ordinance Wli..L 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 located within the Ogden Fire District.
B. A private well will serve the dock facility.
C. A very small percentage of the subject property is located in a 100-year floodplain.
D. Access to the site is from Canady Road off Mason Landing Road.
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 site is located in an R-20S Residential Zoning District. A Special Use Permit allows
a community boating facility in an R-20S Residential District.
B. The property has existing docks that need rehabilitation, which would require minimal
environmental impacts.
C. The site will not need any off-street parking, because it is close enough to the residential
lots it serves.
D. The proposed community boating facility has seven (7) boat slips and seven (7) proposed
residential lots, which meets the required ratio.
E. A pedestrian easement will be provided and conferred to each owner for access to the
community boating facility.
F. No commercial activities, as required by the ordinance, are proposed for the facility.
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 projects exist in other residential districts in New Hanover County.
B. Some commercial marinas and some community boating facilities have been previously
permitted in the Middle Sound area.
C. No evidence has been presented that the proposed use will injure the value of adjoining
or abutting property values.
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 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. The
Resource Protection class has been developed in recognition of the fact that New
Hanover County, one of the most urbanized counties in the State, still contains numerous
areas of environmental or cultural sensitivity which merit protection from urban land
uses.
B. An area approximately ten (10) feet wide that runs along the entire creek bank is brackish
marsh and is in the Conservation Overlay District (COD).
C. Surrounding land uses include single-family housing.
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
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. No overhead lighting on the marina facility.
J 2. Mitigate the four trees removed from the bluff area.
3. Protect the remaining significant trees on property.
4. The three waterfront lot owners relinquish their right to build individual docks.
Ordered this 3rd day of April 2006
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Robert G. Greer, Chairman
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Sheila Schult, Clerk to the Board
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Veterinary Clinic in an 0&1 Office & Institution
S-552, 03/06
The County Commissioners for New Hanover County having held a public hearing on April 3, 2006 to
consider application number S-552 submitted by Betsy Burbank and Brad Kerr for a special use permit to
locate a Veterinary Clinic in an 0&1 Zoning District located at 2311 Castle Hayne 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 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 FlNDINGS OF FACT:
A. The subject property is located within the Wrightsboro VFD.
B. Water is provided by a well and sewer is provided by a septic tank.
C. The subject property is not located in a 100-year floodplain.
D. Access to the site is from Castle Hayne Road, a major arterial.
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 site is located in an 0&1 Office and Institutional Zoning District. A veterinary clinic
requires a Special Use Permit in an 0&1 zoning district.
B. Parking, street yard and setbacks satisfy the county zoning ordinance.
C. The applicant is requesting a variance for the buffer yard requirements of the county zoning
ordinance.
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 FlNDlNGS OF FACT:
A. The abutting property to the south of the applicant's lot is a church in an R-20 Residential
Zoning District. ,
B. The abutting property to the north of the applicant's lot is a rental residential house.
C. The property across Castle Hayne Road is zoned 0&1 Office & Institutional, but vacant.
D. In addition to the veterinary clinic, other offices are proposed for the same building.
E. No evidence has been presented that the proposed use will injure the value of adjoining or
abutting property values.
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 New Hanover County Comprehensive Plan classifies the site 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. The location of these
areas is based upon land use planning policies requiring optimum efficiency in land
utilization and public service delivery.
B. A few veterinary clinics already exist in 0&1 districts and neighborhood districts in other
areas of the county.
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
authority of this Board of Commissioners by a court of competent jurisdiction, then this
permit shall become void and of no effect.
Ordered this 3rd day of April 2006
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Robert G. Greer, Chairman
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Sheila Schult, Clerk to the Board
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For a Family Cemetery in a R-t5 Residential Zoning District
S-553, 03/06
The County Commissioners for New Hanover County having held a public hearing on April 3, 2006 to
consider application number S-553 submitted by Lucille B. Piner for a special use permit to locate a
Family Cemetery in a R-15 Residential Zoning District located at 5708 Myrtle Grove 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 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 located within the Myrtle Grove VFD.
B. No public water or sewer will serve the site.
C. The subject property is not located in a lOa-year floodplain.
D. Access to the site is from Myrtle Grove Road.
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 site is located in an R-15 Residential Zoning District. A Special Use Permit allows a
cemetery in an R -15 Residential District if the proposed cemetery meets health department
regulations for cemeteries.
B. The zoning ordinance does not require any other regulations or conditions for cemeteries.
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 uses exist in other residential districts in New Hanover County.
B. All the abutting and adjoining property owners are family members to the applicant.
C. No evidence has been presented that the proposed use will injure the value of adjoining or
abutting property.
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 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. The Resource Protection
class has been developed in recognition of the fact that New Hanover County, one of the most
urbanized counties in the State, still contains numerous areas of environmental or cultural
sensitivity which merit protection from urban land uses.
B. Surrounding land uses include farming and single family residential.
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 BEGRANTED subject to the following
conditions:
A. The applicants register the proposed cemetery with the North Carolina Cemetery Commission.
B. The applicants provide a legal description of the cemetery site and record it with the New
Hanover County Register of Deeds.
C. Name the cemetery Piner Family Cemetery-for family members only.
Ordered this 3rd day of April 2006
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Robert G. Greer, Chairman
Sheila Schult, Clerk to the Board
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For a State Employees Credit Union (Bank) in a CD (B-1)
Conditional Use Highway Business District
Z-831,02/06
The County Commissioners for New Hanover County having held a public hearing on April 3, 2006 to
consider application number Z-83 I submitted by J.e. Hearne for the State Employees Credit Union to
permit a bank limited uses in a Conditional Use Highway Business District located at 535 Sanders Road
on the North side and having heard all of the evidence and arguments presented at the hearing, make the
following FlNDlNGS 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 propeliy is developed in
accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed lIse 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 suppoli of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The subject property is located within the MYlile Grove VFD.
B. Public water and sewer will serve the site.
C. The subject property is not located in a I OO-year floodplain.
D. Access to the site is from Sanders Road.
3. It is the County Commissioners' CONCLUSION that the proposed lIse 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 site is located in a CD (B- I) Neighborhood Conditional Use Zoning District.
B. A credit union is an allowed use in a CD (B-1) Neighborhood Conditional Use Zoning District.
C. The site plan shall meet the requirements of the zoning ordinance.
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 or 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. No evidence has been presented that the proposed use will injure the value of adjoining or
abutting property.
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 New Hanover County Comprehensive Plan classifies the site as Limited Transition.
B. Surrounding land uses include a residential development of 284 units directly to the north ofthe
property, CD (B-]) directly across Sanders Road and south of the property.
6. Therefore, because the County Commissioners conclude that all of the general 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. Provide interconnectivity to the Mott's Landing subdivision to the north of the property.
B. Preserve the wetlands and COD area.
C. Participate in the costs ofthe required traffic improvements to Sanders Road and the Carolina
Beach Road intersection according to a Traffic Impact Analysis (TIA).
Ordered this 3rd day of April 2006.
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Robert G. Greer, Chairman
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Sheila L. Schult, Clerk to the Board
z 81. If. '73
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 7,1971
CASE: Z-831, 02/06
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 in the CD (B-
1) Conditional Use Highway Business District Classification, said land being described as follows:
R07600-006-006-000
Beginning at a concrete monument marked "N.S." which is located in the northern line of Secondary
Road # 1 187 which said stone marks the southwestern comer of Tract "1" as shown on map recorded
in Map Book 13 at Page 4 in the New Hanover County Registry, which said map is entitled,
"Commissioners Division Tract #1 Division of the 1. H. McDonald Land, Federal Point Township,
New Hanover County, North Carolina, for E. W. Godwin-Hampton Sanders-Nelson Sanders" dated
November 3, 1971 and prepared by M. F. Underwood, R. 1. S. Running thence from said beginning
point North 6001' West 285.1 feet to another concrete monument marked "N.S."; thence North 810
59' feet East 1192.9 feet to a point; thence southward 347.75 feet to a point in the northern right of
way line of S. R. # 1187 which is located North 83059' East 162.2 feet and North 840 East 922.6 feet
from the point of beginning; thence South 840 04' West 922.6 feet to a concrete right of way
monument; thence South 830 59' West 162.2 feet to the point of beginning, the same being the
western portion of Tract 1 of the aforementioned Commissioners Division. Being the same property
described in that deed recorded in Book 1359, Page 1686, New Hanover County Registry.
R07 600-006-006-001
Beginning at an old iron pipe in the western right of way line of Carolina Beach Road (U.S. Highway
421) (80.0 feet from the centerline thereof), said point being the southeastern comer ofthe Bowens
Chapel AME Zion Church property, said beginning point being South 30 deg. 36 min. West 320.0
feet from an old iron pipe in the dividing line between Tracts 1 and 2 of the Division of the 1.H.
McDonald land as shown on a map prepared by E. 1. W. Anders, C. E., and duly recorded in Book
285 at Page 30412 of the New Hanover Registry; said dividing comer being the northeastern comer
of Tract 1 of the Division of Tract 1 of the Division of the 1.H. McDonald land as recorded in Map
Book 13 at Page 4 of the New Hanover County Registry; running thence from said beginning point,
along the western right of way line of said Carolina Beach Road, South 28 deg. 37 min. West 54.2
feet to a right of way monument, the beginning of a site right of way at the intersection of said
Carolina Beach Road and S. R. #1187; running thence along said right of way line, South 57 deg. 17
min. West 90.6 feet to a right of way monument at the end of said right of way in the northern right
of way line of said S. R. #1187 (50.0 feet from the centerline thereof); running thence along the
northern right of way line of said S. R. #1187, South 84 deg. 04 min. West 130.0 feet to an iron pipe;
running thence North 12 deg. 02 min. 30 sec. East l60.0 feet to an iron pipe; running thence South
76 deg. 47 min. 30 sec. East 203.52 feet to the point of beginning, containing .53 acres ofland, more
or less, the same being a portion ofthe aforementioned Tract 1 ofthe Division of Tract 1 ofthe 1. H.
McDonald land. And also being that same property conveyed by Hampton Sanders (widow) to Lillie
Leonard and husband Elijah Leonard, by deed dated August 15, 1974, and recorded September 5,
1974, in Book 1013 at Page 289, of the New Hanover County Registry. Being the same property
described in that deed recorded in Book 1391, Page 1471, New Hanover County Registry.
Section 2. The County Clerk is hereby authorized and directed under the supervision of the County
Commissioners to Change the Zoning Map 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 in the interest of public health, safety, morals and general
welfare of the inhabitants ofthe County of New Hanover, NOlih Carolina, and shall be in full force
and effect from and after its adoption
Adopted the 3rd day of April 2006.
Attest:
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Robert G. Greer, Chairman
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Sheila L. Schult, Clerk to the Board