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2010-05-03 RM Exhibits 3 OvNTY.� C ' 0 , NEW HANOVER COUNTY BOARD OF COMMISSIONERS p n 230 GOVERNMENT CENTER DRIVE. SUITE 175 .WILMINGTON, NC 28403 y (910)798-7149•(910)798-7145FAX•WWW•NHCGOV.COM � 0 r Jason R.Thompson,Chairman•Jonathan Barfield,Jr.,Vice-Chairman Robert G.Greer,Commissioner•William A.Caster,Commissioner•Ted Davis,Jr.,Commissioner i FSTgoLISHED�� Sheila L.Schult,Clerk to the Board Exhibit Book"K (Page. New Hanover County Board of Commissioners Resolution in Support of Secondary Road Construction Program WHEREAS, the New Hanover County Board of Commissioners conducted a Public Hearing on the planned construction of Secondary Roads in New Hanover County on March 15, 2010; and WHEREAS, presented at the meeting were the North Carolina Department of Transportation's plans for Secondary Roads to be scheduled for pavement in the near future, said plans presented in a document published at that meeting and naming the various roads and their location; and WHEREAS, the allocation for New Hanover County is estimated to be $501,266.40 and was to include rural roads that will serve the citizens of New Hanover County; and WHEREAS, the Public Hearing gave the Commissioners and the citizens of New Hanover County an opportunity to inquire and have explained to them the particular facets of the Secondary Road Improvements in the County; and WHEREAS, the Commissioners found the plans satisfactory for the immediate future of New Hanover County, hoping that progress for road improvements in New Hanover County would continue to expand. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners, that the Secondary Road Construction Program devised for Fiscal Years 2005-2010 and endeavors to have all roads in New Hanover County meet the needs of its citizens and visitors was approved at the March 15, 2010 meeting. ADOPTED, this the 3rd day of May, 2010. NEW HANOVER COUNTY i vNTY. o � ti Jason R. Thompson, Chairman o 3� a2 Attest: g •F�T�BLI511E����• ``�t; ` Sheila L. Schult, Clerk to the Board { a ; i � Ir i w4°UN'Y•�°�, NEW HANOVER COUNTY BOARD OF COMMISSIONERS 0 230 GOVERNMENT CENTER DRIVE, SUITE 175 .WILMINGTON, NC 28403 s > (910)798-7149 (910)798-7145 FAX• WWW•NHCGOV.COM 9 3 'L �2 Jason R.Thompson,Chairman•Jonathan Barfield,Jr.,Vice-Chairman Robert G.Greer,Commissioner•William A.Caster,Commissioner-Ted Davis,Jr.,Commissioner i q• •FSrAeusHeo�� ...... Sheila L Schult,Clerk to the Board Exhibit Book XX�Page NEW HANOVER COUNTY BOARD OF COMMISSIONERS RESOLUTION DESIGNATING STAFF AS MAP REVIEW OFFICERS WHEREAS, General Statute 47-30.2 requires that every County appoint one or more Map 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 August 18, 2008 that for the unincorporated New Hanover County and the Towns of Wrightsville Beach, Carolina Beach, and Kure Beach, that the designated Review Officers be Chris O'Keefe, Planning & Inspections Director; Billy Oakes, Land Records Supervisor; and Sam Burgess, Subdivision Review Planner; and that for the City of Wilmington the designated Review Officers are; Ronald H. Satterfield, Jr., Planning Manager; James A. Diepenbrock, Associate Planner; David E. Cowell, P.E., City Engineer; Carl H. Farmer, Jr., P.E., Division Engineer; and John Fullerton, Zoning Administrator; and WHEREAS, the City of Wilmington and New Hanover County have requested that the staff listed below be designated Map Review Officers in addition to those listed above. Y NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that 3 the following staff be designated as Map Review Officers: Derek Pielech, City Plan Review Engineer Mark A. Smith, P.L.S., City Surveyor ADOPTED this the 3rd day of May, 2010. S ' gJasonR. VER OUNTY O�f1TY•N 0 3 o mpson, C hairman 3� ,Z ti Sheila L. Schult, Clerk to the Board i } i J i i' Exhib Book Xl{l page ! AGENDA:May 3,2010 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2010 BUDGET BY BUDGET AMENDMENT 10-228 i BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment 10-228 be made to the annual budget ordinance for the fiscal year ending June 30,2010. Section 1:Details of Budget Amendment: 1 Fund: General Fund Department: Sheriffs Office/Uniform Patrol Ex enditure: Decrease Increase Sheriff's Office/Uniform Patrol: Supplies $1000 Total $1,000 ,I Revenue: Decrease Increase { Sheriff s Office/Uniform Patrol: Grant—Local—Good Shepherd Grant $1,000 Total $l 000 Section 2: Explanation To budget a grant award of $1,000 from the Good Shepherd Fund, a local organization promoting the D.A.R.E. program. The grant funds will be used for books and graduate cards for the D.A.R.E. program, which gives children the life skills necessary to avoid involvement with drugs, gangs, and violence. Approximately 200 students participate annually in a course of 10 lesson plans.No County matching funds are required. Section 3: Documentation of Adoption: This ordinance shall be effective upon its adoption. i NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North Carolina,that the Ordinance for Budget Amendment 10-228,amending the annual budget ordinance for the fiscal year ending June 30,2010,is adopted. O�NTy Adopted,this day of 2010. O L) \� 2 n O Z � Ire :._.. C Jasompson,Chairman 7 i Sheila-L.Schult,Clerk to the Board a i i S t a 3 i s F EAU Book 1 Pag Iffil 6."--- �i�InnmllnnmmgpnmpmglmqlmmmnnnlninnimnnmPngnnPminnnnmm�qmPninnmmnnmPnmqmnpuml l.nmm�nnnvmrmm....v"mr mmlmngnlnnnmmnngmnnnmmlmmnnmmpnllnmimnlpn nnnn ml nn mmnmmlliminminnnmmlmmmrmmnnmmmnmm�inplllninnlpgllmm�mnn a v' NEW HANOVER COUNTY BOARD OF COMMISSIONERS E NATIONAL PRESERVATION MONTH = = PROCLAMATION WHEREAS, historic preservation is an effective tool for managing growth and t `. sustainable development, revitalizing neighborhoods, fostering local pride and = : maintaining community character while enhancing livability; and x F: WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic i, backgrounds; and E E ` WHEREAS, it is important to celebrate the role of history in our lives and the E contributions made by dedicated individuals in helping to preserve the tangible E aspects of the heritage that has shaped us as a people; and E E WHEREAS, "Old is the New Green" is the theme for National Preservation =� E Month 2010, cosponsored by Historic Wilmington Foundation and the National E Trust for Historic Preservation. = . NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County E Board of Commissioners that May 2010 be recognized as "National Preservation ' E Month" in New Hanover County, and that the people of New Hanover County are } E called upon to join their fellow citizens across the United States in recognizing and participating in this special observance. ADOPTED this the 3'd day of May, 2010. 9 NEW HANOVER COUNTY y Jason Thompson, Chairman l ATTEST: l ( 1 = � d� Sheila L. Schult, Clerk to the Board ki 3 Wy11y11WIWWWWWJ4WWIWWYYYWWWIIIWWWIWLLWJIIWWWYWYWWWYWWIIW1YWLl1 11 W u1y1111111WWIWWI WIIWIIWIWWWWWIWUIYWWJW.i n I I 1 8 1 Exhibit Book xXX l( page 1�. i AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 6, 1969, AND SUBSEQUENTLY AMENDED A-385 (4/10) THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be, and the same is hereby further amended to read as follows in the section(s) noted: The following language shall be added to the Zoning Ordinance: Section 50-4. Special Density Exception For Pre-existing Utility Parcels. 50.4-1 Where allowed. This section applies in all residential districts. 50.4-2 Applicability. For parcels within older subdivisions where water, septic or other utilities were provided privately in the original development, and where public services are now available to free those utility parcels from their original purposes, a special exception may allow for the development of those parcels formerly dedicated to a community service other than recreation. All of the following conditions and limitations must be in evidence in order to be granted a special exception under this section: 1. When a major residential subdivision was approved and the final plat was recorded prior to 7/7/02, AND 2. When one or more parcels on the recorded final plat was designated for private well site(s), communal septic drain field(s) or other utility parcel necessary to serve the original subdivision and the acreage of the parcel was included in calculating the allowable density for the subdivision, AND 3. When the parcel(s) meets the minimum requirements of this ordinance, AND 4. When the accommodation of those services or utilities has been otherwise met by public providers since the subdivision was developed, THEN the former utility parcel(s) may be converted to building lot(s) within the subdivision, if and only if: 4 a) The density approved for the original subdivision may not be increased by special exception more than a total of 3 additional dwelling units in any eligible subdivision. a b) Utility parcels shown on the final subdivision plat during the period of eligibility may not be further divided for the purpose of adding dwelling units. c) Public water and sewer services must be readily available to serve the entire subdivision. d) Each lot must front on a dedicated street right of way A-385 Page 1 of 2 s x k t e) No part of any parcel considered for special exception shall have been designated open space or recreational space for the approved subdivision which they served. f) Development of any lot subject to this exception must be of a character consistent with the scale and design of pre-existing development in the neighborhood. g) All lots are subject to conservation resources regulations and may be ineligible for this special exception based upon inability to meet those standards. 50.4-3 Where special exceptions are not allowed. Special Exceptions as described above shall not be allowed in the following situations: 1. Any subdivision for which the courts have established a specified density. 2. Parcels located in a special flood hazard area are ineligible for special exception. 3. If development of such new lot(s) is inconsistent with the land use plan i i 50.4-4 Approval of Special Exceptions The Director of Planning & Inspections or his designee shall review each case in which a special exception is sought. The special exception shall be granted when all of the criteria listed above can plainly be met. Application for special exception shall be in the form of a letter to the s director with narrative history of the subdivision and a copy of the eligible final plat as noted above and any other pertinent supporting information such as septic permit for communal drain field, etc. A letter approving or denying the special exception shall be returned to the applicant within 30 days of submission and shall be included in the subdivision applicable file. Adopted the 3rd day of May, 2010. r OtATY• o° Jason R. Thompson, Chairman o 3 A2 Attest: f'rnaus�+EOM Shelia L. Schult, Clerk to the Board 1 5 A-385 Page 2 of 2 I ExhibR Book XX « Page AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY,NORTH CAROLINA ADOPTED OCTOBER 6, 1969, AND SUBSEQUENTLY AMENDED A-386 (4/10) { THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN: Section 1. The Zoning Ordinance of the County of New Hanover adopted October 6, 1969, as amended be, and the same is hereby further amended to read as follows in the section(s)noted: The following language shall be added to the Zoning Ordinance: Article II: Definitions Add a new definition Electronic Gaming Operation: A business enterprise, whether principal or accessory, where persons utilize electronic machines, including but not limited to computers and gaming terminals, to conduct games of odds or chance, including sweepstakes, and where cash, merchandise, or other items of value are redeemed or otherwise distributed, whether or not the value of such distribution is determined by electronic games played or by predetermined odds. Electronic Gaming Operations do not include any lottery approved by the State of North Carolina. Article V: Permitted Uses Table Add to the Table of Uses Electronic Gaming Operations permitted as a special use in B-2 & I-1, except as outlined in Section 69.19 of this ordinance. Article VI: Supplementary Regulations Section 69.19 Electronic Gaming Operation (Sweepstakes) Electronic Gaming Operations shall be permitted by right as an accessory use to other 1 commercial operations permitted by right in the B-1, B-2, I-1 or I-2 Zoning Districts when the following standards are applied: 1. The operation is located within the same structure or unit as the principal use. 2. The maximum number of machines/terminals/computers per business unit is i two (2) devices. 3. For situations in which there are multi-unit or multi-tenant commercial buildings and more than one unit wishes to include gaming operations, a special use permit meeting the standards of Section 72-40 is required. In no case can the cumulative total number of machines for a business center, multi- ; unit or multi-tenant building exceed ten(10). A-386 Page 1 of 3 d d f 7 1 3 4. Off-Street Parking shall include one additional space per machine over and above the normal parking standards for the uses, and all parking must comply with all other provisions of Section VIII of the Zoning Ordinance. 5. All legally operating gaming operations made non-conforming by adoption of this section shall be removed or brought into compliance with these provisions x within 60 months of the date of adoption of this section. Article VII: Provisions for Uses Allowed as Special Uses Add a new section i Section 72-40 Electronic Gaming Operation (Sweepstakes) Except as provided in Section 69.19, electronic Gaming Operations shall be permitted in accordance with the table of uses and subject to the following additional standards: 1. Hours of operation shall be limited to 8:00 a.m. through 12:00 midnight, 7 days per week. 2. Alcohol sales or consumption shall be prohibited. 3. The maximum number of machines/ terminals/ computers for any electronic gaming operation business is 10. 4. All food or beverage to be served or distributed by the establishment must meet the requirements of the New Hanover County Environmental Health rDepartment, including any and all permits and licenses. # 5. Fire Services shall set an occupancy limit for the establishment prior to submission of special use permit application. 6. Maximum daily cash payout shall not exceed $600. Winnings which exceed this amount shall be paid out in the form of a check or credit. All establishments engaged in internet and sweepstakes operations must comply with all reporting requirements regulated by the Internal Revenue i Service. { 7. Any building and/or zoning permits issued for electronic gaming and i sweepstakes operations shall be subject to annual review (from the date of approval) to ensure compliance with all relevant regulations and conditions. 8. Off-Street Parking shall be 1 space for each 100 sq. ft. of gross floor area or 1 space for every 2 terminals/computers, whichever is greater, and must comply with all other provisions of Section VIII of the Zoning Ordinance. 9. Electronic gaming operations shall be located a minimum distance of 500 feet, measured in a straight line in any direction from closest point of the building and parking lot of the proposed business to the property line of any of the following: a) A residence or a residential zoning district b) A place of worship or other religious institution. c) A day care center, public or private school. d) A Public park, playground, public library e) Another electronic gaming operation fl An adult entertainment establishment A-386 Page 2 of 3 {f q{ i4 tip i m� x3 { i 10. Applicants shall submit a current straight line drawing prepared within thirty days prior to the application by a registered surveyor, depicting the property lines and the structures containing any of the above uses and the straight line measurements to each. A use in Item 9 shall be considered to be existing or established if it is in place or actively under construction at the time an application is submitted. Residential zoning districts shall be i based upon the most current official zoning map. 3 11. All legally operating gaming operations made non-conforming by adoption of this section shall be removed or brought into compliance with E these provisions within 60 months of the date of adoption of this section. g Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. Section 3. This ordinance is adopted in accordance with NCGS 153A-341 and the board of { commissioners has found the amendment consistent with the policies adopted in the 2006 land use plan and reasonable and in the public interest. 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 a force and effect from and after its adoption. 3 Adopted the 3rd day of May, 2010. i n F I I vNTY•An AGO omp n, Chairman z -3ti a Attest: •FSr�eus��E��� Sheila L. Schult, Clerk to the Board t i i i i A-386 Page 3 of 3 3 3 r � I i I S ilNTY. �w4° ` °�P, NEW HANOVER COUNTY BOARD OF COMMISSIONERS p n 230 GOVERNMENT CENTER DRIVE, SUITE 175 •WILMINGTON, NC 28403 y (9 10)798-7149•(910)798-7145FAX•WWW.NHCGOV.COM i Jason R.Thompson,Chairman-Jonathan Barfield,Jr.,Vice-Chairman Robert G.Greer,Commissioner•William A.Caster,Commissioner•Ted Davis,Jr.,Commissioner 9 •�srADLISHE��� ��� � i Sheila L.Schult,Clerk to the Board Exhlbi Book �age ��• NEW HANOVER COUNTY BOARD OF COMMISSIONERS Resolution Calling for the New Hanover County Legislative Delegation to Sponsor a Local Bill Giving the County the Authority to Levy a Privilege License on Internet ' Gaming/Sweepstakes Devices in the Unincorporated County WHEREAS, New Hanover County has experienced proliferation of Internet gaming/sweepstake devices throughout the unincorporated county; and WHEREAS, Internet gaming/sweepstakes devices are designed to create the allusion of gambling through Internet games; and WHEREAS, proliferation prompted the Board of County Commissioners to enact a 60-day moratorium in March 2010 for the purpose of developing fair regulations that address size, location, traffic and the overall public health and safety concerns for facilities hosting one or more Internet gaming/sweepstakes device; and i WHEREAS, the Board of County Commissioners adopted an ordinance to regulate Internet j gaming/sweepstakes devices May 3, 2010; and WHEREAS, the adopted regulation cannot and does not fully address the public health and safety concerns of facilities hosting Internet gaming/sweepstakes devices in the unincorporated county of New Hanover; and � i WHEREAS, New Hanover County will incur additional public expense to respond to a range of { public problems associated with Internet gaming/sweepstakes devices, which are currently j considered legal forms of entertainment; and 9 5 WHEREAS, many of these public problems may exacerbate in counties such as New Hanover that are both highly dense and highly populated, and whereby the incorporated city is indistinguishable from the unincorporated county; and WHEREAS, the City of Wilmington and others may elect to partially regulate its Internet gaming/sweepstakes devices through privilege licenses, and use those associated revenues to manage the consequences of predictable public health and safety concerns created by gambling and games of chance environments; and I x I a �, WHEREAS, the density of New Hanover County will certainly lead to regulated Internet gaming/sweepstakes devices in near proximity but subject to varying legislative control because of discrepancy in county and city regulatory authorities; and WHEREAS, the resources necessary to respond to these predictable public problems may vary, _ry..thus cr&iiag.4neven responsiveness and a reduced capacity to offer effective public policies for managing and mitigating said problems in highly dense, highly populated, and indistinguishable boundaries of New Hanover County; and WHEREAS, New Hanover County finds it both appropriate and necessary to capture revenues from the Internet gaming/sweepstakes devices to ensure its responsiveness to public problems that culminate from said devices. NOW, THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that it calls upon the county's legislative delegation to sponsor a local bill giving New Hanover County the authority to levy a privilege license on individual Internet gaming/sweepstakes devices in the unincorporated county for the purposes of creating public policies and implementing mitigation measures that address the predictable public health and safety concerns associated with said devices. ADOPTED this the 3rd day of May, 2010. NEW HANOVER COUNTY vr1TY•& GO E 0 X � � 9 O Jason R.1 ompson, Chairman ST: eLi sit eo. I�A I \I- �-. �L�4 ak Sheila L. Schult, Clerk to the Board s 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 Zonina Book $8Cu!A 4 CASE: Z-900, (1/10) 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 tract from the R-15 Residential District and placing it in a Conditional District CD (B-2) Business Zoning District for the purposes of converting an existing golf center and condominium complex into a 2-story golf resort and function facility with an 80-room hotel and separate private clubhouse, said lands being described as follows: Beginning at a point in the northern boundary of Rivage Promenade, a 50' public right-of-way; said point being at the westernmost corner of the Beau Rivage Clubhouse Condominiums, recorded among the land records of the New Hanover County Registry in 4' Condominium Book 9,at Page 72; and being the common corner with Lot 134,Beau Rivage Plantation, Phase 1, Section A, recorded in Map Book 26, at Page 81; and running thence, North 37°59'55"East, 150.00 feet to a point;thence North 74°26'00"East, 167.00 feet to a point; thence North 46 000'00" East, 280.40 feet to a point; thence North 57 051'00" East, 196.00 feet to a point; thence with a new line,North 06°33'31"West, 245.90 feet to a point in the southern boundary of Lot 214,Beau Rivage Plantation,Phase 1,Section B,recorded in Map Book 28, at Page 146; thence with that line, North 70 003'46" East, 179.95 feet to a point in the northern boundary of Rivage Promenade;thence with that right-of-way,along a curve to the left,having a Radius of 573.28 feet and Length of 204.79 feet,a Chord of South 06°33'10"East, 203.70 feet to a point; thence South 16°47'11"East, 242.51 feet to a point; thence along a curve to the right,having a Radius of 319.90 feet and Length of 458.02 feet, a Chord of South 24°13'51" West, 419.89 feet to a point; thence South 65°14'52" West, 123.02 feet to a point; thence along a curve to the right, having a Radius of 416.18 feet and Length of 185.54 feet, a Chord of South 78 001'06 " West, 184.01 feet to a point; thence North 89 012'36" West, 75.00 feet to a point; thence along a curve to the right, having a Radius of 420.61 feet and Length of 273.15 feet, a Chord of North 70°36'21"West,268.38 feet to a point; thence North 52 000'05"West, 80.00 feet to the point and place of beginning, containing 8.54 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. Z-900 Page 1 9 r 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 subject to the companion special use pen-nit also approved as part of this action, shall be in full force and effect from and after its adoption. Section 5. The County Commissioners find, in accordance with the provisions of NCGS 153A-341, that this zoning snap amendment of approximately 8.54 acres from R-15 Residential district to CD (B-2) conditional district is: Consistent with the purposes and intent of the Conditional Use District outlined in section 59.7-1 of the New Hanover County Ordinance and Policy 18.2 of the 2006 CAMA Land Use Plan. i Reasonable and in the public interest to allow expansion of a golf resort subject to the companion special use permit. { Adopted the 3'd day of May, 2010. Ur1TY•N Jason R I Thompson, Chairman o Attest: ti Sus����' . Sheila L. Schult, Clerk to the Board 3 a i d S Z-900 Page 2 I i SUP Book,V Pape r f COUNTY OF NEW HANOVER STATE OF NORTH CAROLINA ORDER GRANTING A SPECIAL USE PERMIT For conversion of an existing golf center and condominium complex into a 3story golf resort and function facility with an 80-room hotel and separate clubhouse in a CD(B-2) Zoning District Z-900 (1/10) The County Comm issioners for New Hanover County having held a public hearing on May 3,2010 to consider application number Z-900 submitted on behalf of owner Beau Rivage Golf&Resort,LLC R and others for a conditional zoning district and the requisite special use permit to convert an existing golf center and condominium complex into a 2-story golf resort and function facilitywith an 80-room hotel and separate clubhouse in a Conditional District CD(B-2)Business Zoning District approved under companion rezoning action,said proposal being located at 649 Rivage Promenade,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 allof the specific requirements set forth in Section 59.7 and 71-1 of the County Zoning Ordinance WILL be satisfied if the property is developed in accordance with the plans and findings submitted to the County Commissioners and attached as part of this special use permit. ` 2. 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: A. If any of the conditions imposed by this special use permit shall be held invall beyond the authority of this Board of Commissioners by a court of competent jurisdiction,then this permit shall become void and of no effect. i B. In accordancewith Section 71-1(4)of the ordinance,the permitshall become null and void if construction or occupancy has not commenced within 24 months of the date of this approval. C. That the applicant shall fully comply with all of the specific requirements stated in the Ordinance for the proposed use; all other state, federal and local rules; and any additional conditions hereinafter stated. r Adopted this 3rd day of May, 2010. 4TY. co, }� oo Jaso R. Thompson, Chairman � ` I o A test: ��ti s2 �d+ Sheila L.Schult,Clerk to the Board •E,�AALISHE9 i Z-900 Page 3 WHEREAS, the density of New Hanover County will certainly lead to regulated Internet gaming/sweepstakes devices in near proximity but subject to varying legislative control because of discrepancy in county and city regulatory authorities; and WHEREAS, the resources necessary to respond to these predictable public problems may vary, thus creating uneven responsiveness and a reduced capacity to offer effective public policies for managing and mitigating said problems in highly dense, highly populated, and indistinguishable boundaries of New Hanover County; and WHEREAS, New Hanover County finds it both appropriate and necessary to capture revenues from the Internet gaming/sweepstakes devices to ensure its responsiveness to public problems that culminate from said devices. NO"', THEREFORE, BE IT RESOLVED by the New Hanover County Board of Commissioners that it calls upon the county's legislative delegation to sponsor a local bill giving New Hanover County the authority to levy a privilege license on individual Internet gaming/sweepstakes devices in the unincorporated county for the purposes of creating public policies and implementing mitigation measures that address the predictable public health and safetv concerns associated with said devices. ADOPTED this the 3rd day of May, 2010. NEW HANOVER COUNTY v�.1TY•N l--•., O Jason R.` ompson, Chairman �2 a� ST: E'r�eus►►eo• I�A I \I- �_. ���4 ak Sherla L. Schult, Clerk to the Board