2006-07-10 RM Exhibits
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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.
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Robert G. Greer, Chairman
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Sheila Schult, Clerk to the Board
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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:
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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:
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Sheila L. Schult, Clerk to the Board
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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:
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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
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
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Shelia 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 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
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Shelia L. Schult, Clerk to the Board