2012-12-03 RM Exhibits Exhibit
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NEw HANOVER COUNTY
BOARD OF COMMISSIONERS
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Oath of Office �
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I, Jonathan Barfield, Jr., 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.
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onath arf' 'Id, Jr.
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Sworn to and subscribed before me this
Third day of December 2012
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James H. aiso II
i Nort Carolina District Court Judge Fifth District /
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Exhibit
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MEW HANOVER COUNTY
BOARD OF COMMISSIONERS
Oatb of Office
1, Elizabeth Freeman Dawson, 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.
ik
Elizgeth Freeman Dawson
Sworn to and subscribed before me this
Third day of December 2012
Robin Wicks Robinson
North Carolina District Court Judge Fifth District
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Exhibit
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Book.01(._Page �_ D_, C..
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MEW HANOVER COUNTY
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BOARD OF COMMISSIONERS
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Oath of Office
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I, Haywood E. White III, 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,
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and that I will faithfully discharge the duties of my office as County i
x Commissioner of New Hanover County, so help me God.
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Haywood E. hi II
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Sworn to and subscr" d before me this
l Third day of Dece b 2012
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Wad E. Hogston
North Carolina District Court Judge Fifth District
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Exhibit
Book Page 0'.
NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
3
Road(s) Description:Field View Road NW located within the North Bend Subdivision
(Section 2) in New Hanover County (Division File No. 1183-N).
1 WHEREAS, a petition has been filed with the Board of County Commissioners of the
County of New Hanover requesting that the above described road(s), the location ofwhich
has been indicated on a map, be added to the Secondary Road System; and
x WHEREAS, the Board of County Commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road System, if the road(s) meets
minimum standards and criteria established by the Division of Highways of the Department
of Transportation for the addition of roads to the System.
,
{ NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of
New Hanover that the Division of Highways is hereby requested to review the above
described road(s), and to take over the road(s)for maintenance if they meet established
9
standards and criteria.
CERTIFICATE
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The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 3rd day of December , 2012.
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WITNESS my hand and official seal this the 3rd day of December, 2012.
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to Sheila L. Schult, Clerk to the Board
New Hanover County Board of Commissioners
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Form SR-2
Please Note: Forward directly to the District Engineer,Division of Highways.
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NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
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North Carolina
County of New Hanover
Road(s) Description:Wood Ridge Road, Foxwood Lane, North Arnlea Court, South
Arnlea Court, and North Toddlo Court located within the Brenwyck
Subdivision Section 1 to include Wood Ridge Road (Section 1 —
Beacon Woods Subdivision),Foxwood Lane and Skeet Road(Section
2—Carmel at Vineyard Greens Subdivision) in New Hanover County
1 (Division File No. 1184-N).
WHEREAS, a petition has been filed with the Board of County Commissioners of the
County of New Hanover requesting that the above described road(s), the location of which
has been indicated on a map, be added to the Secondary Road System; and
WHEREAS, the Board of County Commissioners is of the opinion that the above
described road(s) should be added to the Secondary Road System, if the road(s) meets
minimum standards and criteria established by the Division of Highways of the Department
i
of Transportation for the addition of roads to the System.
NOW, THEREFORE, be it resolved by the Board of Commissioners of the County of
New Hanover that the Division of Highways is hereby requested to review the above
described road(s), and to take over the road(s)for maintenance if they meet established
standards and criteria.
I CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 3rd day of December, 2012.
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WITNESS my hand and official seal this the 3 d day of December, 2012.
OX)NTY
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! o Sheila L. Schult, Clerk to the Board
3 a2 New Hanover County Board of Commissioners
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j Form SR-2
Please Note: Forward directly to the District Engineer,Division of Highways.
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vNTY• NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
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0 230 GOVERNMENT CENTER DRIVE, SUITE 175
WILMINGTON, NC 28403
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RESOLUTION
APPROVAL OF PUBLIC OFFICIALS BOND
i 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 New Hanover County Board of 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.
ADOPTED,this the 3rd day of December, 2012.
NEW HANO ER C LINTY
o ChairrN Hanover County
oBoard ission ers
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•�STABLISHEO`
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Sheila L. Schult
Clerk to the Board
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p New Hanover County is committed to progressive public policy, superior service, courteous contact,judicious exercise
a of authority, and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow.
IAdopted 612012011
Exhibit
Book Page �• GL.
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AGENDA: December 3,2012 Exhibit Book,�� -I�pag e 0.5�.
NEW HANOVER COUNTY BOARD OF COMMISSIONER
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13- 097
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 13-097 be made to the annual budget ordinance for the fiscal year
ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Provide health/wellness education,programs,and services
Fund: General
Department:Social Services
ExiDenditurei Decrease Increase
Social Services $111,100
Total $0 $111,100
Revenue: Decrease Increase
Social Services $111,100
Total $0 $111,100
Section 2: Explanation
To budget receipt of an additional FY2012-2013 allocation for the Low Income Energy Assistance
Program(LIEAP),which assists eligible households in paying their heating bills.The benefit payments
range from$200 to$400 monthly and are paid directly to the heating vendors.The target population is
persons age 60 and over and disabled persons receiving a service through the Division of Aging and Adult
Services.Household income must be at or below 130%of poverty.Applications are accepted for the time
period of December 1 through March 31, or until funds are exhausted.This additional allocation of
$111,100 will potentially assist an additional 278 to 556 households,depending on the amount of
allocation for each household.The entire$111,100 is paid directly to the vendors for clients'heating bills.
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 13-097,amending the annual budget
ordinance for the fiscal year ending June 30,2013,is adopted.
GOVN this 3rd day of December,2012.
0
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o \ , ,Chairman
Shei a L.Schult,Clerk to the Board
:
Exhibit
AGENDA: December 3,2012ook Page
NEW HANOVER COUNTY BOARD OF COMMISSIONS S
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 13- 101
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 13-101 be made to the annual budget ordinance for the fiscal year
ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health, Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund: General
Department: Sheriff's Office
E enditure: Decrease Increase
Sheriff s Office $89,560
Total $0 $89,560
! Revenue: Decrease Increase
Sheriffs Office $89,560
Total $0 $89,560
Section 2: Explanation
To budget receipt of the 2013 State Criminal Alien Assistance Grant(SCAAP)in the amount of$89,560
from the Bureau of Justice Assistance(BJA).BJA administers the SCAAP in conjunction with the Bureau
of Immigration and Customs Enforcement and Citizenship and Immigration Services,Department of
Homeland Security(DHS). SCAAP provides federal payments to state and localities for incarcerating
undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of
state or local law and incarcerated for at least four consecutive days during the report period.The annual
amount of$89,560 is based on the number of foreign-born persons housed at the facility for any stay over
two to three days.
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 13-101,amending the annual budget
for the fiscal year ending June 30,2013,is adopted.
C.; + �O
o� Adopt e is 3rd day of December,2012.
O
Chairman
Fs
TAB I l SHED
s
Sheila L. Schult,Clerk to a Board
AGENDA: December 3,2012 Exhibit /
NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book..,� VPage 5 G
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 2013- 025
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 2013-025 be made to the annual budget ordinance for the fiscal
year ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund: Controlled Substance Tax
Department: Sheriffs Office
E enditure: Decrease Increase
Sheriffs Office $37,651
Total $0 11 $37,051
Revenue: Decrease Increase
Sheriffs Office $37,651
Total $0 $37,651
Section 2: Explanation
To budget Controlled Substance Tax receipt of 10/22/12 for$37,651.Controlled Substance Tax is
budgeted as received and must be used for law enforcement as the Sheriff deems necessary.The current
balance in the Controlled Substance Tax fund is$40,244.Funds are received on a monthly basis.
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 2013-025,amending the annual
budget ordinance for the fiscal year ending June 30,2013,is adopted.
Adopted,this 3rd day of December,2012.
vt4TY N
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Chairman
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F4 TA! `/
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Sheila L.Schult,Clerk to the Board
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AGENDA: December 3,2012 Exhibit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book Page
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 2013- 036
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,
that the following Budget Amendment 2013-036 be made to the annual budget ordinance for the fiscal
year ending June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health,Safety and Education
Strategic Objective(s): Increase public safety/crime prevention
Fund: Federal Forfeited Property
Department:Sheriff's Office
E enditure: Decrease Increase
Sheriffs Office $13,297
Total $0 $13,297
Revenue: Decrease Increase
Sheriffs Office $139297
Total $0 $13 97
Section 2: Explanation
To budget Federal Forfeited Property(DOJ)receipts of 11/9/12 for$13,297.Federal Forfeited Property
funds are budgeted as received and must be used for law enforcement as the Sheriff deems necessary.The
current balance in the Federal Forfeited Property fund is$6,286.
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 2013-036,amending the annual
budget ordinance for the fiscal year ending June 30,2013,is adopted.
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Adopted,this 3rd day of December,2012.
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,Chairman
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Sheila L. chult,Clerk to the Board
Exhibit
AGENDA: December 3,2012 Book XXX✓ Paged
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 2013- 37
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that
the following Budget Amendment 2013-37 be made to the annual budget ordinance for the fiscal year ending
June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth/Economic Development
Strategic Objective(s): Innovate programs to protect the environment
Fund: Mason Inlet Capital Project
Department:Finance
E nditure• Decrease Increase
Capital project expenditures $20,200
Total $0 $20,200
Revenue: Decrease Increase
Transfer in from special revenue fund $20,200
Total $0 $20
Fund: Room Occupancy Tax(ROT)
Department: Finance
E nditure• Decrease _:JE Increase
Transfer to capital project fund $20,200
Total $0 $20,200
Revenue: Decrease Increase
Appropriated fund balance-Room Occupancy Tax $20,200
Total $0 2 ,200
Section 2: Explanation
Additional funds are needed to continue the required year eleven maintenance and monitoring contract
associated with the Mason Inlet Capital Project. Staff requests approval to transfer$20,200 from the Room
Occupancy Tax Fund(ROT)for the contract with the Land Management Group for$20,200.
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 2013-37,amending the annual budget
Goodin o e for the fiscal year ending June 30,2013,is ad pted.
Adopt this 3rd day of December,2012.
O y
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Chairman
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F�A8 SHE
Sheila L.Schult,Clerk to the Board
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AGENDA: December 3,2012 gook Exhibi 9
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2013 BUDGET
BY BUDGET AMENDMENT 2013- 35
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that
the following Budget Amendment 2013-35 be made to the annual budget ordinance for the fiscal year ending
June 30,2013.
Section 1: Details of Budget Amendment
Strategic Focus Area: Intelligent Growth/Economic Development
b
Strategic Objective(s): Innovate programs to protect the environment
x
Fund:Mason Inlet Capital Project
Department:Finance
E enditure: Decrease Incret
Capital project expenditures $25,
Total $0 $25
A
Revenue: Decrease Increase
Transfer in from special revenue fund $25,000
Total $0 $25,000
Fund: Room Occupancy Tax(ROT)
Department: Finance
E nditure: Decrease Increase
Transfer to capital project fund $25,000
Total $0 $25,000
,{ Revenue: Decrease Increase
Appropriated fund balance-Room Occupancy Tax $25,000
Total $0 $25,000
Section 2: Explanation
Additional funds are needed to continue the required year eleven maintenance and monitoring contract
associated with the Mason Inlet Capital Project. Staff requests approval to transfer$25,000 from the Room
Occupancy Tax Fund(ROT)for the contract with the Audubon Society for$25,000.
3
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
a
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover
County,North Carolina,that the Ordinance for Budget ENT udget
q ordinance for the fiscal year ending June 30,2013,is ad
G0 this 3rd day of December,2012.
O
d
.. ,Chairman
� �
•F�ASIfs O:
Sheila L. Schult,Clerk to the Board
Exhibit
Book Page
NEW HANOVER COUNTY
�pUN{Y• 0 Jonathan Barfield,Jr.
BOARD OF COMMISSIONERS Chairman
Jason R.Thompson
� n 230 GOVERNMENT CENTER DRIVE,SUITE 175 Vice-Chairman
2
z O WILMINGTON, NC 28403
Brian ommissiiorngeerr
(91 O)79 8-7149 Richard G.Catlin
2 a2 (91 O)798-7145 FAX
WWW.NHCGOV.COM Commissioner
Sheila L Schult
•F�r�BUSNED�(L Clerk to the Board
6
November 27, 2012
Chairman Jonathan Barfield,Jr.
Vice-Chairman Jason R. Thompson
County Commissioner Brian M. Berger
Commissioner-Elect Woody White
Commissioner-Elect Beth Dawson
New Hanover County Board of Commissioners
230 Government Center Drive, Suite 175
Wilmington,NC 28403
I
I Dear Chairman Barfield,Vice-Chairman Thompson,Commissioner Berger and
Commissioners-Elect Dawson and White:
Due to my recent election as North Carolina State House of Representative for District 20, I am finding
that the constraints on my time are increasing daily and I have already begun arranging and scheduling
appointments in Raleigh. As a result, I feel I must resign my position as New Hanover County i
Commissioner sooner than I had earlier anticipated.
Therefore,please accept this letter as notice of my resignation as a member of the New Hanover County
Board of Commissioners, to be effective at the adjournment of the New Hanover County Board of
Commissioners' regular meeting,on December 3,2012.
+ It has been such an honor and privilege for the past two years to serve the citizens of New Hanover
County as a Commissioner and I send my sincere wishes to the Board for a smooth transition as you 1
move forward serving the citizens of our beautiful County.
i
i ;,cerely,n
s Cat
County Commissioner
i cc: County Manager Chris Coudriet
County Attorney Wanda M. Copley ! F
Clerk to the Board Sheila L. Schult
4 Board of Elections Director Marvin McFadyen
s
New Hanover County is committed to progressive public policy,superior service,courteous contact,judicious exercise of
authority,and sound fiscal management to meet the needs and concerns of our citizens today and tomorrow. f
Adopted 612012011
f
S
Zoning Book
Section=&Pa g
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE OFFICIAL ZONING MAP OF ZONING AREA 10A AND AIRPORT
OF NEW HANOVER COUNTY,NORTH CAROLINA
ADOPTED July 1,1974 and October 4,1976 respectfully and subsequently amended
CASE:Z-923,11/12
THE BOARD OF COMMISSIONERS OF NEW HANOWER COUNTY DOTHORDAIN:
Section 1. The Zoning Maps of Zoning Area 10A and Airport are hereby amended by removing the
hereinafter described tracts from the R-20 Residential District and Airport Residential and placing it
in e Conditional Zoning B-1 Neighborhood Business District, said land and right-of-way being
described asfollows:
Being all of the properties identified 6x the New Hanover County Tax Office records,
inclusive mf Parcel |OsR03311-004-017-QOO, RO3311'DQ4-Ol9-0O0 and RO]311-D04-
020-000 as shown on Exhibit A attached hereto, and more specifically described as
follows:
Beginning ada point, that point being an existing iron pipe in the eastern right-of-
way line of Hi hvvay117, |ocmUymamnedamCastleMayneRwad, saidbeaimn|m0point
an iron pipe being located 318.8 feet north of point formed by the intersection of
the eastern right-of-way of Hwy 117 and the northern rig line of State
Road 1323, locally named North Kerr Avenue; thence running thence North86
degrees 3Qminutes East 29D.4feet tpan iron pipe, thence North 45 degrees East
165 feet to an iron pipe marking the northeast corner of the Farrow property as
recorded in Deed Book 173 at Page 392;thence South 86 degrees 30 minutes West
139.8 feet to an iron pipe located in and marking the southeast corner of the
Rhammes property as identified in Deed Book 1274 at Page 160; thence running
North Ql degrees 00 minutes East 1U6.4 feet to a point in the northeast corner of
the Rhames property as previously referenced;thence South 85 degrees 49 minutes
West 150.6 feet to a point in the eastern right-of-way of Hwy 117; thence due
westward 100 feet to a point in the western right-of-way Una of Hwy 117; thence
southward along the western right-of-way line approximately 285 feet to a point in
said right-mf-wa\Cthence east northeast 1O0 feet toa point in the eastern r|ght-of-
vvmyNnaofHvvy117,saidpo|nt also being the point mfbeginning.
The above description encompasses a total mf3.12 acres asfollows:
Land area: 1.46 acres
R/VVarea: 0.66 acres
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 isadopted 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
conditions also approved as part of this action, shall be in full force and effect from and after its
Z-923, 11/12 Page
adoption.
Section 4. The County Commissioners find, in accordance with the provisions of NCGS 153A-341 that
the zoning map amendments of approximately 1.46 acres of land and 0.66 acres of right-of-way from
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R-20 Residential District and Airport Residential to Conditional Zoning B-1 Neighborhood Business
District are:
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Consistent with the purposes and intent of the Conditional Zoning District outlined in Section 59.10
and B-1 Neighborhood Business District outlined in Section 54 of the New Hanover County Zoning
5 Ordinance and the intent of the Transition classification of the 2006 CAMA Land Use Plan.
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Reasonable and in the public interest to rezone 1.46 acres of land and 0.66 acres of right-of-way
from R-20 Residential and Airport Residential property to Conditional Zoning B-1 Neighborhood
Business property.
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Section 5. The County Commissioners find that all of the specific requirements set forth in Section
59.10 and Section 54 of the County Zoning Ordinance WILL be satisfied if the property is developed
in accordance with the plans submitted to the County Commissioners and attached as part of this
approval. IT IS ORDERED that the application for the issuance of a CONDITIONAL DISTRICT ZONING
BE GRANTED subject to the following conditions:
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A. If any of the conditions imposed within this conditional district zoning shall be held invalid
beyond the authority of this Board of Commissioners by a court of competent jurisdiction,
then this district designation shall be reversed and the tract shall be rezoned in accordance
with the process for map amendment outlined in Section 112 of the zoning ordinance.
B. Additional Conditions include:
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1) Retail hours limited from 9:00 a.m. to 9:00 p.m. to mitigate concerns from adjoining
residential property owners.
2) Specific land uses permitted limited to General Merchandise Stores and Miscellaneous
Retail.
} 3) The inclusion of a small wedge of land zoned AR Airport Residential located in the
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northeastern corner of the property located at 2620 Castle Hayne Road.
4) Directional lighting installed to reduce light pollution on adjacent properties.
5) The creation of a five(5)foot easement fronting the property for a future sidewalk.
6) Approval of a septic tank permit thru the County's Environmental Health Department.
7) The mitigation of trees located on site in accordance with the Zoning Ordinance.
Section 6. In accordance with Section 59.10-6 of the ordinance, the permit shall become null and
void if construction or occupancy has not commenced within 24 months of the date of this approval.
Section 7. 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
s hereinafter stated.
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Z-923, 11/12 Page 2
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Adopted the 3'd day of December,2012.
1}NTY. Woody White, airman
Ga 1 O
Attest:
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3�Z a2
,± Sheila L.Schult,Clerk to the Board
Z-923, 11/12 Page 3