2006-12-04 RM Exhibits
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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
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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renaming described above is hereby RESCINDED and the name of the road shall revert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:
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William A. Caster, Chairman
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Sheila L. Schult, Clerk to Board
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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
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William A. Caster, Chairman
ATTEST:
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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:
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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 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
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Sheila L. Schult, Clerk to the Board
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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
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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