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2006-12-04 RM Exhibits X B 3D. ft.{.-. , NEW HANOVER COUNTY BOARD OF COMMISSIONERS Oath of Office I, William A. Caster, do solemnly swear that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as County Commissioner of New Hanover County, so help me God. 1-)~Q. ~ William A. Caster Sworn to and subscribed be/ore me this fourth day 0/ December, 2006 XB3D.llf,' NEW HANOVER COUNTY BOARD OF COMMISSIONERS Oath of Office I, Robert G. Greer, do solemnly swear that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as County Commissioner of New Hanover County, so help me God:. " 1?JJAA- Robert G. Greer Sworn to and subscribed before me this fourth day 0/ December, 2006 XB30.ttf.J.. STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF RENAMING OLD MARKET STREET TO MARKET STREET AMENDED RESCISSION It appearing to the Board of County Commissioners of New Hanover County that reconsideration has been given to the renaming of Old Market Street to Market Street located in the Porters Neck community, specifically between Porters Neck Road and extending Northeast approximately 4600 feet. The description of which is delineated on the attached map exhibit. NOW, THEREFORE, IT IS ORDAINED AND DECREED that the previous renaming described above is hereby RESCINDED and the name of the road shall revert to Market Street. IT IS FURTHER ORDERED that a copy of this rescission be recorded in the office of the Register of Deeds of New Hanover County, North Carolina, and that notice of the action taken by the Board of County Commissioners be transmitted to the postmaster having jurisdiction over the road, the North Carolina Board of Transportation and to any city within five (5) miles of said road in accordance with N,C. General Statues 153A-240. Adopted this the 4th day of December 2006. Attest: AJ~o~ William A. Caster, Chairman ~~\~ ,-. ~~~ Sheila L. Schult, Clerk to Board X B 3o~/l.f. 3 STATE OF NORTH CAROLINA NEW HANOVER COUNTY BOND APPROVAL WHEREAS, pursuant to Chapter 58 of the North Carolina General Statutes, the Board of County Commissioners conducts an annual review of public official bonds; and WHEREAS, said bonds have been reviewed by the County Attorney and found to be in full force and to be in proper format. NOW, THEREFORE, the Board of County Commissioners does hereby approve the Surety Bond for the Finance Officer, Sheriff, Register of Deeds, and Tax Collector. This designation of approval is hereby incorporated within the respective bond as if set out in its entirety on the face thereof. This the 4th day of December, 2006. NEW HANOVER COUNTY qJ~~G ~ William A. Caster, Chairman ATTEST: ~\~c. L ~~ Sheila L. Schult, Clerk to the Board PROCLAMATION BY THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS STOCKINGS FOR SENIORS DAYS 2006 .~ 13 3D. ILl. 4 WHEREAS, seniors are one of the most vital and growing populations within our community; and WHEREAS, as the senior population of New Hanover County increases, so does the need for additional assistance and services; and WHEREAS, the Meals on Wheels Department of the New Hanover County Department of Aging and Comfort Keepers, a local in-home care company, have collaborated to create a project focusing on securing and distributing holiday gifts donated by caring citizens to seniors who need assistance or have issues of isolation and loneliness; and WHEREAS, in 2003, the Angels for Seniors project originated and 250 seniors who were enrolled in the elderly nutrition program known as home Delivered Meals at the Department of Aging were identified as having unmet basic needs and became the recipients of much needed items of necessity as gifts; and WHEREAS, from 2003-2005, the Angels for Seniors project secured and distributed much needed items of necessity as gifts to a total of 1,085 seniors who were enrolled in the Department of Aging elderly nutrition program known as Home Delivered Meals and Congregate Nutrition and also to those enrolled in the Foster Grandparent Program; and WHEREAS, in 2006 the Angels for Seniors project name was officially changed to Stockings for Seniors. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that December 1-15,2006 be designated as "Stockings for Seniors Days" in New Hanover County, and urge all members of our community to adopt a senior by selecting a stocking ornament from the Stockings for Seniors tree located at Wal-Mart at Monkey Junction during the annual one-day event from 10 a.m. until 3 p.m. on Saturday, December 2, 2006 or from trees displayed between December 1-15,2006 at the New Hanover County Senior Center at 2222 South College Road, K & W Cafeteria in the Hanover Center Shopping Center on Oleander Drive, Chick-fiI-A in the Target Shopping Center on Market Street or from the newest tree location at the Chick-fiI-A at Mayfaire Center. Adopted this 4th day of December 2006. 4;)~G. G~ William A. Caster, Chairman Attest: ~\:\~ ~ ~lL\\ Sheila L. 'Schult, Clerk to the Board .s LA. f' IV. /0. I COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Convenience Store & Boathouse in a CD(B-l) District Conditional Use Neighborhood Business District Z-802, 07/05 Modified 12/06 The County Commissioners for New Hanover County having held a public hearing on December 4,2006 to consider modification of the site plan for application number Z-802 (CD B-1) submitted by Howard Capps for Diako Construction for modification of the originally approved special use permit to construct a Convenience Store with Carwash and a Boathouse in a Conditional Use (CD) B-1 Neighborhood Business Zoning District at 4601 Gordon 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 71-1 and 72-4 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the modified plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use as modified 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 modified plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. Public water and sewer is available near the site. B. Access to the site is from Gordon Road, a major collector C. The property is served by the Ogden Volunteer Fire Department. D. Z-802 applies to 4.46 acres. This modification applies to the front 2 acres. The boathouse portion remains unchanged. E. The location of the 60 foot drive access remains the same as in the original approval 3. It is the County Commissioners' CONCLUSION that the proposed use as modified 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 specified conditions of the original approval are still in effect. Those are: Right-in, right- out only at the entrance to Gordon Road; Lighting not to shine on Evans residents; and Fence to extend entire length of property boundary adjacent to Evans residences. B. All other local, state and federal laws and standards apply. 4. It is the County Commissioners' CONCLUSION that the proposed use as modified 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. No evidence was presented that this modification will injure the value of adjoining property. 5. It is the County Commissioners' CONCLUSION that the proposed use as modified 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. The purpose of the class is to provide for intensive urban uses where infrastructure is in place to support it. B. Other uses in the immediate vicinity are 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 HAVE been satisfied, IT IS ORDERED that the modification of the SPECIAL USE PERMIT associated with this CD(B-l) location BE GRANTED subject to the following conditions: A. The project must still comply with the terms and conditions outlined in the original approval from October 3, 2005. B. The modified site plan is dated 10-16-2006 and entitled "Buy and Go Convenience Center" Ordered this 4th day of December, 2006 Attest: i.J~ C, ~ William A. Caster, Chairman ~\~,~ ~. ~luk\- Sheila L. Schult, Clerk to the Board 2. (3~. ~.4 3tJ- . AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No. 8A OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 7,1972 CASE: Z-852, 11/06 " THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No. 8A is hereby amended by removing the hereinafter described tracts from the R-15 Residential Zoning District and 1-2 Industrial District and placing them in the Conditional Use District CD(R-lO) Classification for residential use and, said land being described as follows: BEGINNING at an iron pipe in the Western line of N. C. Highway No. 132 (200-foot right of way), said iron pipe being in the center of a drainage canal throuqh which f~ows the waters of Pumpkin Kiln Branch, and said iron pipe being located South 68 degrees 4 minutes Weat 14.01 feet from a point in the center line of the Western lane of said Highway (saId center line of said Western lane being located, for the purposes of this description, 73 feet Eastwardly from and parallel to the Western line of said Highway) which is North 12 deqrees 3 minutes West 534.12 feet from a railroad spike at the intersection of the center line of sl1id Western lane with the center line (extended Westwardly) of the Blue Clay Road (60-foot right of way), running thence South 68 degr.aes 4 minutes West, along tbe center line of said canal, 465 feet to an iron pipe, thence North n degrees 35 minutes West 276.3 feet to an old stone marked -8.. 8.. -I thence North 47 degrees 35 minutes West (the same course extended) 1311.9 feet to an old pipe in the center of a ditCh, thence North 41 degrees 29 minutes East approximately along the center of said ditch, 999.5 feet to an old axle at the intersection of said ditch with the center line of another ditch; thence South 48 degrees 14 minutes East, approximately along the center of the last-mentioned ditch, 547.3 feat to an old pipe at a turn in said ditCh; thence South 48 degrees 14 minutes East (the same course extended) 430.15 feet to the Western line of N. C. Highway No. l32J thence South 12 degrees 02 minutes East, along said line of said Highway, 1016.9 feet to the Beginning1 containing 34..98 acres more or less. and being the same property conveyed to Willis Jordan, Sr., by deed recorded in the New Hanover County Registry in Book SSS at Page 156; and being also the same property as that tract labeled .Willis Jordan- upon that map of the Hermitage tract recorded in said Registry in Book 71 at Page 307. The courses and distances set out herein are based upon a survey by George Losak made on or about November 30, 1968. Z-852 Page 1 of2 Section 2. The County Clerk is hereby authorized and directed under the supervision ofthe County Commissioners to Change the Zoning Map Area No 8A 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, North Carolina, and shall be in full force and effect from and after its adoption and also subject to the companion special use permit associated with this case number in accordance with Section 59.7 of the New Hanover County Zoning Ordinance. Section 5. The County Commissioners find, in accordance with the provisions ofNCGS 153A-341, that this zoning map amendment is: A. Consistent with the purposes and intent ofthe land classification and associated policies in the 2006 land use plan. B. Reasonable and in the public interest as an expansion of an adjacent CD(R-l 0) zoning district. Adopted the 4th day of December, 2006. .. ~~\'- '-- ~~\- Sheila L. Schult, Clerk to the Board 1"J~ c. ~ William A. Caster, Chairman Z-852 Page2of2 .su,o IV. 16. Z COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A Performance Residential Development in CD(R-IO) Zoning District Z-852, 11/06 The County Commissioners for New Hanover County having held a public hearing on September 5,2006 to consider application number Z-852 submitted by Pumpkin Powerline Properties for a special use permit to locate a Perfornlance Residential development in a CD(R-I0) Residential District approved under companion rezoning action, said proposal being located at 4299 N. College, 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 71-1 and Section 59.7 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. Public water and sewer are accessible for the property. B. The property accesses an identified arterial. C. Fire Service is available from the Castle Hayne VFD. D. The property is located in a flood hazard area, however, all townhome development has been designed outside the flood hazard area. E. Stormwater retention has been included in the proposed site plan and is located within the wetland and flood prone areas of the property 3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: A. The property is zoned R-15 Residential. This request is made concurrent with conditional rezoning to R -10 Residential. B. The proposed use is limited to attached single family residential. C. Density for this project will be limited to 3.3 units per net acres and is proposed at 114 units. D. Petitioner proposes off-street parking that exceeds the requirements of Article VIII of the New Hanover County Zoning Ordinance by providing 243 spaces compared to 228 spaces required. E. Traffic circulation system will be via internal driveways and must provide adequate access for emergency service vehicles. F. Petitioner states, a traffic impact analysis was not required by NCDOT for this project. G. Buffer of at least 20 feet will be required along the northern boundary of the property. H. A tree survey must be performed and trees must be protected and mitigated as required in Section 67 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 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. No evidence has been submitted that this project will decrease property values of residents who live nearby. B. Stormwater management must perform in compliance with the requirements of the County ordinance. 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 identifies this area as Resource Protection and Conservation, which provides for the preservation and protection of important natural, historic, scenic, wildlife, and recreational resources. B. Policies in the plan support higher density in Aquifer Resource Protection areas when public services are available. C. Parson's Mill Farms is designed as a residential community along the northern boundary of the subject property zoned CD(R-IO). 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 attached site plan and the following conditions: A. Project must go through County's Technical Review Committee. Ordered this 4th day of December, 2006 Attest: t-J~O~~ William A. Caster, Chairman ~ \l~1~ '-- ~ ~1l1~ Sheila L. Schult, Clerk to the Board -:2..- 8 ~. I oA . :<.. '1 AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA No.4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED July 1, 1974 CASE: Z-854, 11/06 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Map of Zoning Area No. lOA is hereby amended by removing the hereinafter described tracts from the R-20 Residential Zoning District and placing them in the R-15 Residential District Classification, said land being described as follows: All that tract or parcel of land located on the west side of Castle Hayne Road, NC Hwy 133 & US 117, Cape Fear Township, New Hanover County, North Carolina, conveyed to Park Lake Properties, LLC in deeds recorded in the New Hanover County Register of Deeds Office in Deed Book 3439, Page 486; Deed Book 3393, Page 140; Deed Book 3312, Page 343; Deed Book 4449, Page 838; Deed Book 3391, Page 411 and Deed Book 3507, Page 889; said parcel ofland being more particularly described as follows: Beginning at an iron pipe found at the intersection of the property line between the lands of Park Lake Properties, LLC as recorded in the New Hanover County Register of Deeds Office in Deed Book 4449 at Page 838 on the north and the lands of Patricia Smith-Bailey, Etal as recorded in the New Hanover County Register of Deeds Office in Deed Book 5088 at Page 2381 on the south with the monumented street boundary of Castle Hayne Road (NC Highway 133 & US 117- Public Road, 100-ft Right-of-Way as per NCDOT); said iron pipe located North 20038'51" East a distance of 408.99 feet from a concrete monument located at the intersection of the westerly highway boundary of Castle Hayne Road (100-ft public right-of-way) and the northerly street boundary of Arlington Road (60-ft Public Right-of-Way); said iron pipe at the point of beginning is located 30 feet westerly of the centerline of Castle Hayne Road (NC Highway 133 & US 117); Thence North 80022'01" West along said property line a distance of20.36 feet to a point on the westerly highway boundary of Castle Hayne Road (NC Highway 133 & US 117) and 50 feet west of the centerline of Castle Hayne Road(NC Highway 133 & US 117); Thence North 80022'01" West continuing along said property line a distance of 518.14 feet to an iron pipe; said iron pipe located on the property line between the lands of Park Lake Properties, LLC as recorded in the New Hanover County Register of Deeds Office in Deed Book 3507 at Page 889 on the west and said lands of Patricia Smith- Bailey, Etal on the east; Thence South 09052'05" West along said property line a distance of 109.13 feet to an iron pipe; said iron pipe located on the property line between the lands of Park Lake Properties, LLC as recorded in the New Hanover County Register of Deeds Office in Z-854 Page 1 of3 Deed Book 3507 at Page 889 on the west and the lands of Hubert L. and Cynthia W. Smith as recorded in the-New Hanover County Register of Deeds Office in Deed Book 4767 at Page 254 on the east; Thence South 09013'17" West along said property line a distance of 99.35 feet to an iron pipe; said iron pipe located on the southerly property line of Park Lake Properties, LLC as recorded in the New Hanover County Register of Deeds Office in Deed Book 3507 at Page 889; Thence North 80026'48" West along said property line a distance of 2656.54 feet to a concrete monument; said monument located on the westerly property line of Park Lake Properties, LLC as recorded in the New Hanover County Register of Deeds Office in Deed Book 3507 at Page 889; Thence North 11042'29" East along said property line a distance of 209.34 feet to a concrete monument; said monument located on the westerly property line of Park Lake Properties, LLC as recorded in the New Hanover County Register of Deeds Office in Deed Book 3312 at Page 343; Thence North 10016'06" East along said property line a distance of306.00 feet to a point on said westerly property line; Thence South 85048'24" West along said property line a distance of 55.00 feet to a point on said property line; Thence North 02013'54" West along said property line a distance of 387.23 feet to a point; said point located on the westerly property line of Park Lake Properties, LLC as recorded in the New Hanover County Register of Deeds Office in Deed Book 3393 at Page 140; Thence North 04014'52" West along said property line a distance of213.50 feet to a point; said point located on the westerly property line of Park Lake Properties, LLC as recorded in the New Hanover County Register of Deeds Office in Deed Book 3439 at Page 486; Thence North 04 13'41" West along said property line a distance of236.46 feet to a point on said property line; , Thence North 22022'35" East along said property line a distance of 212.50 feet to a point on the property line between said lands of Park Lake Properties, LLC on the south and the lands of Ronny Lloyd Norris as recorded in the New Hanover County Register of Deeds Office in Deed Book 2312 at Page 177. on the north; Thence South 76031'12" East along said property line a distance of 3520.45 feet to a point on the westerly highway boundary of Castle Hayne Road (NC Highway 133 - Public Road, 100-ft Right-of-Way as per NCDOT); said point located 50 feet westerly of the centerline of Castle Hayne Road (NC Highway 133 & US 117); ; Z-854 Page 2 of3 Thence South 76"37'12" East continuing along said property line a distance of 20.55 feet to an iron pipe; said-iron pipe located approximately 30 feet westerly of the centerline of Castle Hayne Road (NC Highway 133 & US 117); Thence South 17"49'14" West approximately parallel with and 30 feet westerly of the centerline of Castle Hayne Road (NC Highway 133 & US 117) a distance of 1092.67 feet to the point of beginning; said parcel containing 4,611,507+ / - square feet or 105.866 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 Area No lOA 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 of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Section 5. The County Commissioners find, in accordance with the provisions ofNCGS 153A-341, that this zoning map amendment is: A. Consistent with the purposes and intent ofthe land classification and associated policies in the 2006 land use plan. B. Reasonable and in the public interest to increase residential density in this area from 1.9 units per acre to 2.5 unit per acre. Adopted the 4th day of December, 2006. O~Q~ William A. Caster, Chairman Attest: ~l\. \ ~~.\i-- Sheila L. Schult, Clerk to the Board Z-854 Page 3 of3