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2006-07-10 RM Exhibits ~ i:t ~D. ~. I AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE SUBDIVISION ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 18, 1965 A-351, 6/06 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Modify the following sections of the New Hanover County Subdivision ordinance to add the underlined text. Article V, Section 52-3 (1): Water Supply All subdivisions shall be connected to the water system of the applicable local governmental entity in order to provide water to every lot within the subdivision. Mains shall be constructed in accordance with established standards and policies. Water connections shall be constructed under the supervision and approval of the appropriate governing body. If a connection cannot be made to the local governmental entity's water system, the subdivider shall submit to the appropriate governing body along with the Preliminary Plat a letter of approval of water supply signed by the appropriate authority. The subdivider shall install these facilities in accordance with the approved plans. Water distribution systems shall be installed in all new subdivisions. Adopted the 10th day of July, 2006. W~ Robert G. Greer, Chairman 1<.Jd.: ~o. ~. 2. AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6,1969, UPDATED AUGUST 2005 A-353, 6/06 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Amend Section 50-4: Table of Permitted Uses by adding the underlined text. Table of Permitted Uses Barber/Beauty Shop PD R-20~ R-20 R-15 R-10 B-1 B-2 1-1 1-2 0&1 AJ; AI SC P P P ~ P I I Adopted the 10th day of July, 2006. /j{u~ Robert G. Greer, Chairman \ Sheila Schult, Clerk to the Board ~3o.LP.3 Resolution of Intent to Close a Portion of Owls Lane Murrayville Area Whereas, a petition has been filed pursuant to NCGS 153-A-241, requesting the Board of Commissioners of New Hanover County to close the following described portion of a road: Located in Harnett Township, New Hanover County, North Carolina and beginning at a point in the eastern right of way line of Owls Lane (SR No. 2616, 60' right of way) Said point has NC Grid Coordinates (NAD 83) of: N = 198437.458', E = 2340284.154' and is located North 71 degrees 51 minutes 16 seconds West - 541.51 feet from NC Grid Monument "BONNIE" which has NC Grid Coordinates (NAD 83) of: N= 198268.816, E = 2340798.733' and is also located North 18 degrees 20 minutes 46 seconds West - 394.18 feet from the point where the northern right of way line of Bavarian Lane (SR No. 1322 is intersected by the eastern right of way line of Owls Lane. Running thence, from the said point of beginning, and crossing Owls Lane, South 71 degrees 39 minutes 14 seconds West - 60.00 feet to a point in the western right of way line of Owls Lane; thence, with the western right of way line of Owls Lane, North 18 degrees 20 minutes 46 seconds West - 711.70 feet to a point at the beginning of a curve; thence with the western right of way line of Owls Lane as it curves to the left a chord bearing and distance of North 48 degrees 30 minutes 22 seconds West - 166.40 feet to a point (Centerline Curve Data: Delta = 60^19'12", Tangent = 113.66', Radius = 195.60'); thence, continuing with the right of way line of Owls Lane, North 78 degrees 39 minutes 46 seconds West - 281.45 feet to a point at the end of Owls Lane; thence, with the end of Owls Lane, North 04 degrees 35 minutes 07 seconds East- 60.49 feet to a point in the right of way line of Owls Lane; thence, with the right of way line of Owls Lane, South 78 degrees 39 minutes 46 seconds East - 288.55 feet to a point at the beginning of a curve; thence, continuing with the right of way line of Owls Lane as it curves to the right a chord bearing and distance of South 48 degrees 30 minutes 22 seconds East - 226.69 feet to a point (Centerline Curve Data: Delta = 60^19'12", Tangent = 113.66', Radius = 195.60'); thence, with the right of way line of Owls Lane, South 18 degrees 20 minutes 46 East - 711.70 feet to the point of beginning, containing 1.65 acres more or less computed by the coordinate method. All bearings are in angular relation to NC Grid North (NAD 83) and all distances are horizontal field measurements. Now, Therefore, be it resolved that this Board is considering closing a portion of Owls Lane to public use and that a public hearing on this question will be held on the 14th day of August 2006 at 2:00 p.m. in the Assembly Room of the Historic County Courthouse at 24 North Third Street in Wilmington at which time the Board will hear all interested citizens and make a final determination as to whether the road shall be closed. The foregoing resolution was adopted by the New Hanover County Board of Commissioners on the 10th day of July 2006. 1Jf~ Robert G. Greer, Chairman Attest: ~\b\~ '-'~~1A\\ Sheila L. Schult, Clerk to the Board 'Rl:k '30 .lD. '3 Resolution of Intent to Close a Portion of Red Hawk Road Murrayville Area Whereas, a petition has been filed pursuant to NCGS 153-A-241, requesting the Board of Commissioners of New Hanover County to close the following described portion of a road: Located in Harnett Township, New Hanover County, North Carolina and beginning at a point in the eastern right of way line of Red Hawk Road (SR No. 2617, 60' right of way) Said point has NC Grid Coordinates (NAD 83) of: N = 198641.402', E = 2339721.355' and is located North 69 degrees 00 minutes 41 seconds West - 1092.94' feet from NC Grid Monument "Bonnie" which has NC Grid Coordinates (NAD 83) of: N = 1928268.816, E = 2340798.733' and is also located North 18 degrees 20 minutes 46 seconds West - 698.52 feet from the point where the northern right of way line of Bavarian Lane (SR No. 1322 is intersected by the eastern right of way line of Red hawk Road. Running thence, from the said point of beginning crossing Red Hawk Road, South 71 degrees 39 minutes 14 seconds West 60.00 feet to a point in the western right of way line of Red Hawk Road; thence, with the western right of way line of Red Hawk Road, North 18 degrees 20 minutes 46 seconds West - 45.75 feet to a point; thence continuing with the western right of way line of Red hawk Road, North 04 degrees 35 minutes 15 seconds East - 546.91 feet to a point at the end of Red Hawk Road; thence, crossing Red Hawk Road, South 78 degrees 39 minutes 46 seconds East - 60.42 feet to a point in the eastern right of way line of Red Hawk Road; thence, with the eastern right of way line of Red Hawk Road, South 04 degrees 35 minutes 15 seconds West - 527.63 feet to a point; thence, continuing with the eastern right of way line of Red Hawk Road, South 18 degrees 20 minutes 46 seconds West - 33.58' to a point of beginning containing 0.79 acres more or less as computed by the coordinate method. All bearings are in angular relation to NC Grid North (NAD 83) and all distances are horizontal field measurements. Now, Therefore, be it resolved that this Board is considering closing a portion of Red Hawk Road to public use and that a public hearing on this question will be held on the 14th day of August 2006 at 2:00 p.m. in the Assembly Room of the Historic County Courthouse at 24 North Third Street in Wilmington at which time the Board will hear all interested citizens and make a final determination as to whether the road shall be closed. The foregoing resolution was adopted by the New Hanover County Board of Commissioners on the 10th day of July 2006. ~~ . Robert G. Greer, Chairman Attest: ~\'l~~ \... ~~~\~ Sheila L. Schult, Clerk to the Board 7(-H-30.~. If RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, after due advertisement, bids were received and publicly opened by the Finance Department at 10:00 a.m., June 5, 2006, at the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for a landfill compactor for use at the Landfill of the Environmental Management Department, Bid # 06-0092; and AI-Jon Manufacturing, LLC NO BID Road Machinery Services, Inc. $435,135 Gregory Poole Equipment Company $712,000 WHEREAS, staffthoroughly analyzed the two bids and determined that Road Machinery Services, Inc. failed to meet the minimum requirements stipulated in the request for bids; and WHEREAS, Gregory Poole Equipment Company met all significant requirements of the bid and provided a complete proposal and therefore has been deemed as the only responsive bidder; and WHEREAS, the Environmental Management Director, the Finance Director, and the County Manager recommend that the contract be awarded to Gregory Poole Equipment Company, in the amount of seven hundred twelve thousand dollars ($712,000); and WHEREAS, five hundred twenty-five thousand dollars ($525,000) was approved in the FY05-06 budget for the purchase of a landfill compactor to replace the one currently in use; and WHEREAS, budget amendment # 07 -001 has been prepared and is for accounting purposes to record and budget the financing proceeds and is submitted for approval as part of this request; and WHEREAS, 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 of the financing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County that contract # 06-0092 for the purchase of a landfill compactor for the Landfill be awarded to Gregory Poole Equipment Company in the amount of seven hundred twelve thousand dollars ($712,000); and that the County Manager is hereby authorized and directed to execute contract # 06-0092, contract form to be approved by the County Attorney. This, the 10th day of July 2006. (SEAL) 1l1Ij~ Robert G. Greer Chairman, Board of County Commissioners ATTEST: ~\i~~ '--.~~\\- Sheila L. Schult, Clerk to the Board .5(,(..0 4-.'1./ COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Vegetative Debris Recycling Processing Facility in an AI District S-560, 6/06 (Modifies S-487 09/02) The County Commissioners for New Hanover County having held a public hearing on July 10, 2006 to consider application number S-560 submitted by Long Leaf Wood Products for a special use permit to modify an existing special use permit located at 2829 N. Kerr avenue 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 ofthis conclusion, the Commissioners make the following FINDINGS OF FACT: A. Vegetative recycling operations exceeding 6,000 c.y. of material per quarterrequire a waste management permit from the State of North Carolina to assure compliance with state rules B. The property accesses N. Kerr Avenue via a 60 ft. wide private access easement C. Fire Service is available from the Wrightsboro VFD D. The property is not located in a flood hazard area. 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 ofthis conclusion, the Commissioners make the following FINDINGS OF FACT: A. The operation is prohibited from emitting smoke, dust, or vibration or from creating glare or other visual hazards in the AI zoning district. B. Off-street parking requirements are met according to the requirements of Article VIII of the New Hanover County Zoning Ordinance. C. The facility and its appurtenant uses must satisfy the requirements of Article VI, Section 69.13-1(3) 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. Other industrial uses are in the area. 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 2006 Land Use Plan Update identifies this area as Transition. B. Policies in the Comprehensive plan support location of industrial uses outside of environmentally sensitive areas. C. The property is zoned AI Airport Industrial. 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: I) Petitioner must secure all necessary permits from NCDENR and remain in compliance with all applicable rules relating to the state permit. 2) Petitioner should make application to the Division of Waste Management for necessary permits within 60 days of issuance ofthis Special Use Permit modification. 3) A copy of the Waste Management Permit should be returned to the Planning Department for inclusion in the file upon issuance by the state. 4) The new order removes Finding 2.(C) ofthe original S-487 order granting a special use permit. All other standards noted in the order granting S-487 remain in effect. Ordered this 10th day of July 2006 1?JJ~.~ Robert G. Greer, Chairman ~\l\~ ~'~~~L.\\ Shelia L. Schult, Clerk to the Board su..P '+.1. 'L COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Commercial Marina with Floating Structures in a B-2 District S-561, 6/06 The County Commissioners for New Hanover County having held a public hearing on July] 0, 2006 to consider application number S-561 submitted by Cape Fear Riverboats, Inc. for a special use permit to locate a commercial marina with floating structures within the county's zoning jurisdiction in the Cape Fear River adjacent to 106/108 S. Water Street 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 existing operation has one floating structure by the county interpretation; a floating barge used as a waiting area, more or less permanently attached to pilings, for the riverboat, Henrietta III. B. Fire service is provided by the City of Wilmington. C. Water and sewer is provided by the City of Wilmington. 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 ofthis conclusion, the Commissioners make the following FINDINGS OF FACT: A. Water dependent uses are permitted by right in the City of Wilmington ordinance in the Historic District. B. Off-street parking requirements are met within the petitioner's property located in the City of Wilmington jurisdiction. The county's parking requirement is 2 spaces per floating structure to be provided on shore. C. Only the water area is within the county's zoning jurisdiction. A minimum of 2,000 sq. ft. of gross land area contiguous and above mean high water shall be provided for each floating structure on-shore. The applicant's on-shore property is reported as 8,580 sq. ft. D. Floating structures shall not be located within 15 feet of the waterward extension of all adjacent property lines. E. Each floating structure shall be provided with permanent water and sewer systems, and other standards as specified in 72-31.5. 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. The Wilmington waterfront allows water dependent uses such as the riverboat operation along the Riverwalk. 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 2006 Joint CAMA Plan Update only applies the classification system to land areas. This area is water. B. Policies in the Plan support commercial uses"... within close proximity to the markets they serve... " C. The Riverboat operation is part of the City of Wilmington's Historic Urban Waterfront concept, approved through permit number 149-98 by the Division of Coastal Management. 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: 1) Floating structures should be limited to two (2) 2) All activities conducted on floating structures are subject to the county's noise ordinance. Ordered this 10th day of July 2006 At 1JJ15~ Robert G. Greer, Chairman ~~\~ ~.~~~\\ Shelia L. Schult, Clerk to the Board