2006-06-05 RM Exhibits
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PROCLAMATION
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
NATIONAL HOMEOWNERSHIP MONTH
WHEREAS, during a period of rising prosperity, the nation's home builders have
reached out to offer the opportunity of homeownership to an increasingly wide segment
of the nation's families; and
WHEREAS, the lower mortgage interest rates that are available today are making it
easier for young working families to become homeowners; and
WHEREAS, the opportunity to own a home and live in decent housing is the strength of
the nation and the source of the spirit of civic-mindedness that shapes the caring and
nurturing of communities where our citizens live; and
WHEREAS, the nation's home builders have contributed mightily to America's quest
for affordable homeownership opportunities by pursuing greater efficiencies and
innovations in building techniques and materials; and
WHEREAS, home builders today offer the American consumer a product that is geared
for affordability and the level of quality that home buyers expect.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that June 2006 is designated as
NATIONAL HOMEOWNERSHIP MONTH
in New Hanover County and call upon the citizens of New Hanover County to observe
this month with appropriate ceremonies and activities; to call upon their government to
restore housing as a national priority; and to celebrate the rich bounty of America's
housing stock.
Adopted this, the 5th of June 2006.
1?Jj}j.~
Robert G. Greer, Chairman
Attest:
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Sheila L. Schult, Clerk to the Board
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PROCLAMATION
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RIP CURRENT AWARENESS WEEK
WHEREAS, according to National Weather Service and U.S. Lifesaving Association
records, there have been at least thirteen fatalities due to rip currents at New Hanover
County beaches since 1990; and
WHEREAS, according to the U. S. Lifesaving Association, 80% of all ocean rescues are
related to rip currents; and
WHEREAS, local citizens and tourists from around the nation enjoy the beaches of New
Hanover County, and inexperienced swimmers on unguarded beaches need to be aware
of the hazard of rip currents; and
WHEREAS, people are more likely to protect themselves when they know what to do
when they are affected by rip currents; and
WHEREAS, lifeguards, New Hanover County School officials, the Health Department,
Emergency Management Department and the National Weather Service are actively
promoting rip current safety with signs, rip current forecasts and other educational
programs; and
WHEREAS, the week of June 4-10, 2006 has been designated as National Rip Current
Awareness Week.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that the week of June 4-10, 2006 be recognized as
RIP CURRENT AWARENESS WEEK
in New Hanover County, and call upon our citizens and interested groups to observe the
week with appropriate activities that promote awareness of rip currents and how to Break
the Grip of the Rip.
Adopted this, the 5th day of June 2006.
WIJA-
Robert G. Greer, Chairman
Attest:
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Sheila L. Schult, Clerk to the Board
R.:l:k 30. <<t. "3
AN ORDINANCE OF THE COUNTY OF
NEW HANOVER, NORTH CAROLINA
AMENDING THE ZONING ORDINANCE
OF NEW HANOVER COUNTY
OCTOBER 6,1969
CASE: A-349, 05/06
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. That the Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended by
and the same is hereby further amended as follows:
Section 50-5: Table of Permitted Uses
Amend:
Amend: Section 72: Additional Restrictions Imposed on Certain Special Uses
72-39: Bed and Breakfast 1nn- A Bed and Breakfast Inn may be permitted in an R-20S, R-20, R-15, AR or RA
residential zoning districts provided:
I) A minimum of one (I) off-street parking space per bedroom.
2) One ojFstreet parking space per employee.
3) No lighting beyond normal residential lighting.
4) The only sign allowed is a sign no greater than 4 square feet and must be an attached wall sign.
Amend: Section 23: Definitions
23-127: Bed and Breakfast Inn. Any place of lodging that provides five (5) orfewer rooms for rent, is the
owner's personal residence, and is occupied by the owner at the time of rental.
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 5th day of June 2006.
'-
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
For A Singlewide Mobile Home in a RA Rural Agricultural Zoning District
S-559, 05/06
The County Commissioners for New Hanover County having held a public hearing on June 5, 2006 to
consider application number S-559 submitted by Castle Hayne Fam1s for a special use pennit to locate a
singlewide mobile home in a RA Rural Agricultural Zoning District located at 4415 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 COlllinissioners make the following FINDINGS OF FACT:
A. The subject property is located within the Castle Hayne Fire District.
B. An individual well and septic tank will serve the intended use.
e. Access to the site is from a private driveway from Castle Hayne Road.
D. Greenhouses and farmland are located nearby.
E. The property is not located within the 100-year flood zone.
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 within a RA Rural Agricultural District. Singlewide mobile homes are
pennitted by Special Use Permit in a RA District.
B. Zoning setbacks for the singlewide mobile can be met on site.
4. It is the County Conunissioners' 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. According to the applicant, the proposed singlewide mobile home is approximately 125
feet removed from the nearest single family home.
B. No evidence has been submitted that the proposed use will decrease pr<:>perty values.
5. It is the County Conunissioners' 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 ham10ny 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 Aquifer
Resource Protection. The purpose of this class is to provide for the preservation and
protection of important natural, historic, scenic wildlife, and recreational resources.
6. Therefore, because the County Commissioners conclude that all of the general specific conditions
])recedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that
the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following
conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use, as well as any additional conditions hereinafter stated.
B. If any of the conditions imposed by this special use permit shall be held invalid beyond
the authority of this Board of Commissioners by a court of competent jurisdiction, then
this pennit shall become void and of no effect.
Ordered this 5th day of June 2006.
1JJ~
Robert G. Greer, Chainnan
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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 7, 1971
CASE: Z-840, 05/06
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 Office & Institution and R-15 Residential District Classification and placing it entirely in the CD (0&1)
Conditional Use Office & Institution District Classification, said land being described as follows:
Legal Description for CD (0&1) Rezoning of
4832, 4836 & 4840 Carolina Beach Road
BEGINNING at a point at the intersection of the southwestem boundary of Carolina Beach Road, a
160' public right-of-way, with the nOlihwestem boundary ofHom Road, a 60' pubbc right-of-way; and
rum1il1g thence with the Hom Road right-of-way, South 55026'56" West, 280.03 feet to a point; thence
North 57040'59" West, 75.95 feet to a point; thence North 44052'00" West, 50.60 feet to a point; thence
North 78008'00" West, 108.59 feet to a point; thence 68003'05" West, 61.92 feet,to a point; thence
North 68053 '67" West, 11.43 feet to a point; thence North 38038'29" West, 26.79 feet to a point; thence
North 24056' 45" West; 14.11 feet to a point; thence North 55026'00" East, 429.90 feet to a point in the
southwestern boundary of Carolina Beach Road; thence with that right-of-way; South 34034 '00" East,
300.14 feet to the point and place ofbegim1ing, containing 2.46 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 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 ofN ew Hanover, North Carolina, and shall be in full force and effect from and after its
adoption.
Adopted tbe 5th day of June 2006.
Attest:
1?~
Robert G. Greer, Chainnan
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Clerk to t11e Board
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For Limited Uses in a CD (0&1)
Conditional Use Office & Institution District
Z-840, 05/06
The County Commissioners for New Hanover County having held a public hearing on June 5, 2006 to
consider application number Z-840 submitted by Cindee Wolf for GSSC Properties to pennit limited uses
in a Conditional Use Office & Institution District located in the 4800 block of Carolina Beach Road on
the West side 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
Tequirement 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. Public water and sanitary sewer will serve the site.
C. The subj ect property is not located in a 100-year floodplain.
D. Access to the site is from Carolina Beach Road and Horn Road. Both roads are public.
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. A majority ofthe site is presently zoned 0&1 Office and Institutional Zoning District.
B. Two (2) "flex" structures are proposed totaling 17,500 square feet.
C. The site plan shall meet the requirements of the zoning ordinance for parking, bufferyards &
setbacks.
D. No conservation resources exist on site.
E. Regulated trees shall 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 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. Residential property exists to the north and west of the proposed site.
B. No evidence has been presented that the 17,500 square facilities use will decrease the value of
adjoining properties.
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
jt is to be located and in general conformity with the plan of development for New Hanover County.
In support of this conclusjon, the Commissioners make the following FINDINGS OF FACT:
A. The 2006 updated New Hanover County Comprehensive Plan classifies the site as Urban.
B. Presently, the property is vacant.
C. The present zoning for most of the property is 0&1 Office and b1stitution.
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. That the uses within the CD (0&1) District be limited to the following:
Barber/Beauty Shop
Offices for Private Business & Professional Activities
Govemment Offices
Neighborhood Drug Store
Banks, Credit Agencies, Savings & Loans
Business Services including Printing
B. That the dumpster be located as far away as possible from the Wilson residence (northwest sjde)
C. That a 6 foot shadow box fence be jnstalled along the northwest sjde of the property.
Ordered this 5th day of June 2006.
'5lJj~~
Robert G. Greer, Chajrman
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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 An Expanded Daycare Facility
S-557, 05/06
The County Commissioners for New Hanover County having held a public hearing on June 5, 2006 to
consider application number S-557 submitted by LaDonna and Fred Sansevero for a special use permit to
expand a child daycare facility from 5-10 children in a R-IO Residential Zoning District located at 501
Manet 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 C01mnissioners' 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 Conm1issioners make the following FINDINGS OF FACT:
A. County water and sewer serve the property.
B. The property accesses Carolina Beach Road, an identified arterial, by Antoinette Drive an
identified collector.
C. Fire Service is available from the Myrtle Grove Fire Department.
D. The property is located near an identified AE floodway for Mott's Creek
3. It is the County COlmnissioners' 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-IO Residential.
B. Off-street parking requirements are met according to the requirements of Article VIII of the New
Hanover County Zoning Ordinance. Employee parking exists, but not a designated area for drop-
off and pick-up of children.
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 cunently 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 or substantially injure the value
of adjoining or abutting property, or that the use is a public necessity. In suppOli 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.
]n support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The 2006 Land Use Plan Update identifies this area as Urban and Conservation.
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 specific conditions
precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that
the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following
conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use, as well as any additional conditions hereinafter stated.
B. If any of the conditions imposed by this special use pennit shall be held invalid beyond
the authority of this Board of Commissioners by a court of competent jurisdiction, then
this pe1111it shall become void and of no effect.
Ordered this 5th day of June 2006.
Attest:
/i?~
Robert G. Greer, Chairman
~\~~ ~.~J\H\\
Clerk to the Board