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2007-06-04 RM Exhibits X r3 3D. 24- . I RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS WHEREAS, General Statute 47-30.2 requires that every County appoint one or more Review Officers to examine and approve plats and maps prior to recordation at the Registry of Deeds; and WHEREAS, a Review Officer must examine and approve plats and maps to ascertain mapping accuracy and consistency; and WHEREAS, a resolution was adopted by the Board of County Commissioners on March 12, 2007 that for the unincorporated New Hanover County and the Towns of Wrightsville Beach, Carolina Beach, and Kure Beach, that the designated Review Officers are Chris O'Keefe, Planning Director; Billy Oakes, Land Records Supervisor; and Sam Burgess, Principal Development Planner; and that for the City of Wilmington the designated Review Officers are Benjamin Brown, City Surveyor; and William Penny, City Engineer; and WHEREAS, the City of Wilmington has requested that the five staff listed below be designated as Review Officers for the City of Wilmington. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the following City of Wilmington staff be designated as Review Officers for the City of Wilmington: Ronald H. Satterfield, Jr., Senior Planner; James A. Diepenbrock, Associate Planner; David E. Cowell, P. E., Construction Manager; Carl H. Farmer, Jr., P.E., Division Engineer; and John Fullerton, Zoning Administrator. ADOPTED the 4th day of June 2007. v~a.~ William A. Caster, Chairman ATTEST: ~~\~~ '-- ~~u ~\-- Sheila L. Schult, Clerk to the Board X B ~o. 1- '+. :t a. AGENDA: June 4, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-239 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07-239 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: Special Child Adoption Fund Department: Social Services Expenditure: Decrease Increase Adoption Assistance: Special Child Adoption $67,500 Total $67.500 Revenue: Decrease Increase Adoption Assistance: Special Child Adoption $67,500 Total $67.500 Section 2: Explanation To budget additional state funding received for the Special Child Adoption program. The funds are used toward expanding or enhancing services in an effort to provide permanency for children. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-239 amending the annual. budget ordinance for the fiscal year ending June 30, 2007, is adopted. w~o.~ William A. Caster, Chairman ATTEST: ~~ \.~,)...\k Sheila . Schult, Clerk to the Board XB 30. ~'f. Zb AGENDA: June 4, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-252 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07-252 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Board of Elections/Governing Body Exoenditure: Decrease Increase Elections: Capital Outlay - Equipment $59,699 Total $59.699 Revenue: Decrease Increase Appropriated Fund Balance: Appropriated Fund Balance $59,699 Total $59,699 Section 2: Explanation On January 23, 2006, the Board appropriated County funds to supplement state HA V A funds to upgrade the existing election equipment to meet state standard. The upgrade is completed and the unused funds of $59,699 are being returned to fund balance. With approval of this budget amendment, $16,621,103 of fund balance will be appropriated in FY 06-07. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-252 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this 4th day of June, 2007. 1.J~Ct.~ William A. Caster, Chairman X B 30. ~4-: 2.t. AGENDA: June 4, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-253 B~ IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the followmg Budget Amendment 07-253 be made to the annual budget ordinance for the fiscal year. ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: Non-Departmental/General Government Exoenditure: Decrease Increase Non-Denartmental: Contribution - NC Beach, Inlet & Waterway Assoc. $60,000 Total $60.000 Revenue: Decrease Increase Anoronriated Fund Balance: Annronriated Fund Balance $60,000 Total $60 000 Section 2: Explanation To budget General Fund balance for the County's share of dredging the Carolina Beach Inlet. Funding of the project with 60% County/40% Beaches was approved by the Commissioners on May 21,2007. With approval of this budget amendment, $16,740,802 of fund balance will be appropriated in FY 06-07. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New. Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-253 amending the annual budget ordinance for the fiscal year ending June 30, 2007, is adopted. Adopted, this 4th day of June, 2007. 1)~o.~ William A. Caster, Chairman 'EST ATT ~h\~ "-. ~l~ Sheila L. Schult, Clerk to the Board )( B 3D. ~4-: 2> NEW HANOVER COUNTY BOARD OF COMMISSIONERS ELDER ABUSE AWARENESS MONTH PROCLAMATION WHEREAS, Elder Abuse is the broad term used to identify mistreatment of elderly and disabled adults, and abuse and neglect of elderly and disabled adults is one of the most under-recognized and under-reported social problems in this country; and WHEREAS, the magnitude of the problem is likely to increase for several reasons, especially with the anticipated rise in the number of elderly population; and I ~ !: WHEREAS, mistreatment can take many forms: Physical Abuse, Emotional Abuse, Sexual Abuse, Neglect by a Caregiver, Self-Neglect, Exploitation, and Financial Exploitation; and WHEREAS, between 500,000 to 5 million people suffer Elder Abuse every year; and WHEREAS, it is estimated that approximately one out of every 14 cases of Elder Abuse is reported; and ~ WHEREAS, Elder Abuse is preventable. ~! , NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that June 2007 be recognized as "ELDER ABUSE AWARENESS MONTH" in New Hanover County and that all residents and other jurisdictions are encouraged to become more aware of this problem and join in the prevention of Elder Abuse. I' ADOPTED the 4th day of June 2007. 1.J~Q. ~ William A. Caster, Chairman L_~ ATTEST: ."'/.. "B ~ O. 2.. If. c.t- AGENDA: June 4, 2007 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2007 BUDGET BY BUDGET AMENDMENT 07-267 BE IT ORDAINED by the Board of Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 07-267 be made to the annual budget ordinance for the fiscal year ending June 30, 2007. Section 1: Details of Budget Amendment: Fund: General Fund Department: SherifflHealthlDSS Exoenditure: Decrease Increase Sheriff/Patrol: Motor Vehicle $90,000 DSS/ Administration: Medical Insurance $60,000 Health! Animal Control: Medical Insurance $20,000 Health!Environmental Health: Medical Insurance $10,000 Total $90,000 $90,000 Section 2: Explanation To budget for an additional five vehicles in the Sheriffs Office. This amount will be taken from the FY 07 -08 budget. Purchasing vehicles in FY 06-07 will achieve significant savings. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment 07-267 amending the annual budg,' mdiTIanoe fo, 'h, fi"," Y'" 'ndjn~::o, 2007, j, ,dop',d. Adopted, this ~ tl day of , 2007. . v~a,Cd-- William A. Caster, Chairman ATTEST: ~\.\, \.. ~~\L Shei a L. Schult, Clerk to the oard" )< BID. Ltf. 5 NEW HANOVER COUNTY BOARD OF COMMISSIONERS 230 GOVERNMENT CENTER DRIVE, SUITE 175 . WILMINGTON, NC 28403 (910) 798-7149. (910) 798-7145FAX. VVW\^!.NHCGOV.COM William A. Caster, Chairman. Robert G. Greer, Vice-Chairman Ted Davis, Jr., Commissioner. William A. Kopp, Jr., Commissioner. Nancy H. Pritchett, Commissioner Sheila L. Schult. Clerk to the Board RESOLUTION OF THE NEW HANOVER COUNTY BOARD OF COMMISSIONERS REQUESTING THE BUDGET FOR THE STATE OF NORTH CAROLINA BE APPROVED BY JULY 1, 2007 WHEREAS, North Carolina General Statute 15 9-8(b) requires counties to adopt a balanced budget ordinance each year by July 1 st; and WHEREAS, the State of North Carolina hands down mandates yearly that must be funded by local governments as well as other legislation directly affecting county budgets; and WHEREAS, there are still numerous bills in the General Assembly that, if passed, will affect county budgets significantly; and WHEREAS, counties still do not know the outcome of Medicaid relief - whether there will be any relief or how much and if there is any relief whether it will be temporary or permanent; and WHEREAS, without Medicaid relief, many low-wealth counties will have to either raise taxes or cut employees, programs and services. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that the Governor of North Carolina has the State's budget approved by July 1 sl so counties will know how to complete their budgets according to State Statutes. BE IT FURTHER RESOLVED that this resolution be sent to all North Carolina legislators asking for their support of this request. Adopted the 4th day of June, 2007. 0~Q.~ William A. Caster, Chainnan ATTEST: ~\:~ \_~ Sheila L. Schult, Clerk to the Board 2. B J. 4-. ~D 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-863, 5/07 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 tracts from the R -15 Residential Zoning District and placing them in the Conditional Use District CD(B-l) Classification for neighborhood commercial use as described on the companion special use permit, said land being described as follows: BEGINNING at a point in the eastern boundary of Carolina Beach Road (U.S. Hwy. 421), a 160' public right-at-way; said point being located 160.21 teet southwardly along the right-at-way from its intersection with the southern boundary at Rosa Parks Lane, a 60' public right-at-way; and running thence trom the point of beginning, South 64022'00" East, 258.92 feet to a point; thence South 25031 '36" West, 102.15 feet to a point; thence North 64028'24" West, 266.35 teet to a point in the eastern boundary of Carolina Beach Road; thence with that right- of-way, North 29039'58" East, 102.90 feet to the point and place of beginning., containing 26,893 square feet (0.62 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 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 ofthe 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 pennit site plan associated with this case number in accordance with Section 59.7 of the New Hanover County Zoning Ordinance, noting also that in accordance with Section 59.7-6(1) of the ordinance, a building permit must be issued within 24 months of approval or the action will be revoked. 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 of the land classification and associated policies Z-863 Page 1 of2 in the 2006 land use plan. B. Reasonable and in the public interest based on the proposed companion site plan. Adopted the 4th day of June, 2007. t:)~ Q ~ William A. Caster, Chairman Attest: ~~'\ "-. ~~l~ Sheila L. Schult, Clerk to the Board 2-863 Page 2 of2 SLl~ Iv'. rtf,( COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For A 3,500 sq. ft. commercial building in CD(B-l) Zoning District Z-863, 5/07 The County Commissioners for New Hanover County having held a public hearing on June 4, 2007 to consider application number Z-863 submitted on behalf of owner Dajo Corporation for a special use permit to locate a 3,500 sq. f1. commercial building to be used for hardware, general merchandise or retail use in a CD(B-l) Conditional District approved under companion rezoning action, said proposal being located at 5705 Carolina Beach 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 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. Private well water will serve the property. B. A private septic system will serve the project C. The property accesses an identified arterial. D. Traffic counts increased by about 25% in the vicinity of this site between 2001 and 2005. E. Fire Service is available from the Myrtle Grove FD. F. The property is not located in a flood hazard area. G. Stormwater retention must meet the design standards of the County's storm water ordinance 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 District. This request is made concurrent with conditional rezoning to CD(B-l) Conditional Neighborhood Business District. B. The proposed use is limited to hardware, general merchandise or retail uses as listed on the site plan within one building of approximately 3,500 sq. ft. gross floor area. C. Petitioner proposes 9 off-street parking spaces, adequate to accommodate the range of uses listed based on 1 space per 400 sq. ft. of floor area. D. The only traffic access will be via Carolina Beach Road on a shared driveway with the adj acent use to the south. 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: Z-863 A. No evidence has been submitted that this project will decrease property values of adjacent parcels. B. Applicant testified that no vehicular access will be established between the commercial area and Rosa Parks Lane. C. 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 Conunissioners make the following FINDINGS OF FACT: A. The 2006 Land Use Plan identifies this area as Transition, which provides for future intensive urban development on lands that have or will have urban services. 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 provisions of conditional rezoning and limitations of the attached site plan and Section 69.4 of the zoning ordinance and the following additional 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 and all other state or federal requirements. B. In accordance with Section 59.7-6(1) of the ordinance, a building permit must be issued within 24 months of approval or the action will be revoked C. 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 permit shall become void and of no effect. D. Other: 1. Applicant agrees that roof pitch shall be not less than 4 inches of rise for every 12 inches of run (4: 12) in order to provide a more attractive structure along Carolina Beach Road corridor. 2. Applicant agrees to retain existing mature trees as shown on companion site plan Ordered this 4th day of June, 2007 ~~o,~ William A. Caster, Chairman Attest: ~~ .\c. ,-, ~ lJ}- Sheila L. Schult, Clerk to the Board Z-863 2... fh I. a.}. <8 I 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 (Area 4) CASE: Z-864, 5/07 . 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 tracts from the R-15 Residential Zoning District and placing them in the R-1 0 Residential District, said lands being described as follows: Tract A: Beginning at a point in the northern boundary of Vallie Lane, a 50' public right-of- way; said point being located South 84028'59". East, 4.35 feet from its intersection with the eastern boundary of Marquette Drive, a 50' public right-of-way; said point being shown on a plat of Lake Brewster - Phase 1, recorded among the land records of the New Hanover County Registry in Map book 48, at Page 237; and running thence, North 22000'08" East, 230.86 feet to a point in the southern boundary of Brewster Place - Section Four, recorded in Map Book 39, at Page 364; thence with that line, South 73059'00" East, 591.30 feet to a point; thence with the lands, now or formerly, of Kenneth Bryant, recorded in Deed Book 4963, at Page 2098, South 32006'38" 153.71 feet to a point in the northern boundary of Vallie Lane; thence with that right-of-way, North 56052'38" West, 185.70 feet to a point; thence, South 82049'21" West, 283.02 feet to a point; thence North 84028'59" West, 137.45 feet to the point and place of beginning, containing 2.06 acres, more or less. . Tract B: Beginning at a point in the northern boundary of Vallie Lane, a 50' public right-of- way; said point being at the northeastern corner of Lake Brewster - Phase 1, recorded among the land records of the New Hanover County Registry in Map Book 48, at Page 237; and running thence South 56054'02" East, 149.09 feet to a point; thence South 75028'41" East, 95.14 feet to a point; thence with the lands, now or formerly, of Willie & Jane Ellis Heirs, recorded in Deed Book 1499, at Page 437, North 15034'44" East, 242.47 feet to a point in the southern boundary of Brewster Place - Section Three, recorded in Map Book 38, at Page 312; thence with that line, South 73059'00" East, 1043.09 feet to a point in the western boundary of John Henry Drive, a 40' private right-of-way; thence with that right- of-way, South 12046'40" West, 469.07 feet to a point; thence with the lands, now or formerly, of Schroeder Builders, L.L.C., recorded in Deed Book 5018, at Page 2541, North 79031'00" West, 1276.10 feet to a point at the southeastern corner of Lake Brewster - Phase 1; thence with that line, North 10051'38" East, 391.79 feet to the point and place of beginning, containing 14.37 acres, more or less. Z-864 Page lof2 Section 2. The County Clerk is hereby authorized and directed under the supervision ofthe County Commissioners to Change the Zoning Map Area 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 ofthe inhabitants ofthe 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 allow an increase in residential density from 2.5 units per acre to 3.3 units per acre in this location. . th Adopted the 4 day of June, 2007. 1J~ Q.~' William A. Caster, Chairman Attest: ~~\L \..~cL\\- Sheila L. Schult, Clerk to the Board Z-864 Page 2 of2