2005-07-11 RM Exhibits
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NORTH CAROLINA ST ATE DEPARTMENT OF TRANSPORTATION
REQUEST FOR ADDITION TO STATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
Murray Fa~ms Road and Bridle Court in Murray Farms
Subdivision (Division File No.: l059-N)
WHEREAS, a petition has beenfiledwith 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 ofTransportationfor 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.
CERTIFICA TE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the ' 11 th day of July ,2005.
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my hand and official seal this the
,2005.
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day of
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Sheila L. Schult, Clerk to the Board
New Hanover County Board of
Commissioners
Form SR-2
Please Note. Forward directly to the District Engineer, Division of Highways
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NORTH CAROLINA ST ATE DEPARTMENT OF TRANSPORT A TION
REQUEST FOR ADDITION TO ST ATE MAINTAINED
SECONDARY ROAD SYSTEM
North Carolina
County of New Hanover
Road(s) Description:
An Extension of Juvenile Center Road
(Div. File #I067-N)
WHEREAS, apetition has beenfiledwith 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 in red 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 ofTransportationfor 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.
CERTIFICATE
The foregoing resolution was duly adopted by the Board of Commissioners of the
County of New Hanover at a meeting on the 11 th day of July ,2005.
4 !~ESS
my hand and official
,2005.
seal this the
\~.vl
day of
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Sheila L. Schult, Clerk to the Board
New Hanover County Board of Commissioners
Form SR-2
Please Note: Forward directly to the District Engineer, Division of Highways.
resolute wp
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STATE OF NORTH CAROLINA
OFFICE OF THE GOVERNOR
20301 MAIL SERVICE CENTER. RALEIGH, NC 27699-0301
MICHAEL F EASLEY
GOYj':RNOR
I,.James Winston Pierce, .IT., dl) solef11nly swear (nffirm) that J wi]] support the
Constitution of the United States.
I, James Winston Pierce, Jr., do'solemnly swear (affirm) that I will be faithful and
bear true allegiance to the State of North Carolina, and to the constitutional powers and
authorities which are or may be established for the government thereof; and that I will
endeavor to support, maintain and defend the Constitution of saId state, not inconsistent
with the Constitution of the United States.
I, James Winston Pierce, Jr., do solemnly swear (affirm) that I will well and truly
execute the dutIes of my office as a member of the Juvemle Justice Planning Committee
of the Governor's Crime Commission according to the best of my skill and abIlity,
according to law, so help me God.
Sworn to and subscribed before me, this
the \\ ~\ day of -:s \.l\~ ' 20bl.\ .
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For Office Use Only
J hereby certIfy that thIS IS a true
and accurate copy of the
()flgma] Oath of o~:\~ecuted
un the l~_ day of , 20 ui
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New Hanover County
Board of County Commissioners
Resolution
BE IT RESOLVED, BY THE BOARD OF COUNTY COMMISSIONERS
OF NEW HANOVER COUNTY:
1. That the final application for Public Beach and Coastal Waterfront
Access Program Funds for improvements to the Middle Sound
Park property has been reviewed by the New Hanover County
Board of Commissioners at a duly advertised public meeting. And
that;
2. The New Hanover County Board of Commissioners approves the
application as submitted, and that;
3. The New Hanover County Board of Commissioners authorizes the
submittal of the final application for Public Beach and Coastal
Waterfront Access Grant funds to the NC Department of Coastal
Management.
This the 11th day of July, 2005.
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Sheila L. Schult, Clerk to the Board
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Robert G. Greer, Chairman
Attest :
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AN ORDINANCE
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
The Board of Commissioners of New Hanover County, North Carolina, does
hereby ordain that Chapter 38, Offenses and Miscellaneous Provisions, Article II,
Offenses against Property, of the New Hanover County Code be amended by the addition
of a new Section to be captioned Section 38-32, Graffiti, as follows:
Section 38-32. Graffiti.
(a) Definition.
"Graffiti," as used in this Article shall refer to any marks made by drawing,
painting, writing, scratching, scrawling, spraying or inscribing or otherwise defacing any
real or personal property without the prior written consent of the owner or his or her
designated representative of the premises.
(b) Graffiti Prohibited.
(1) It shall be unlawful for any person to write, paint, inscribe, scratch, scrawl,
spray, place or draw graffiti of any type on any public or private building or personal
property .
(2) Subsection (1) of this section shall not be construed to prohibit temporary,
easily removable chalk or other water-soluble markings on public or private sidewalks,
streets or other paved surfaces which are used in connection with traditional children's
activities, such as drawings of bases for stickball, kickball, handball, hopscotch or similar
activities, nor shall it be construed to prohibit temporary, easily removable chalk or other
water soluble markings used in connection with any lawful business or public purpose or
activity.
(c) Graffiti Declared Public Nuisance.
Graffiti on public or private property creates a condition tending to reduce the
value of such property, to promote blight and deterioration, to reflect poorly on the
community, and may be injurious to the general welfare. Furthermore; graffiti has been
used as a forum for gang related activities and can lead to an increase in crime in the
county, which is detrimental to the health and safety of the citizens of the county.
Therefore, the presence of graffiti constitutes a public nuisance which may be summarily
abated as such in accordance with the provisions of this Article.
(d) Removal of Graffiti.
It shall be unlawful for any person owning property, acting as manager or agent
for the owner of property, or in possession or control of property to fail to remove or
effectively obscure any graffiti upon such property.
(e) Removal of Graffiti by County.
(1) Whenever the county becomes aware of the existence of graffiti on any
property, the county is authorized to remove the graffiti as set forth in this Article after
giving, or causing to be given, written notice to remove or effectively obscure such
graffiti to the property owner, such property owner's agent or manager, or any other
person in possession or control of the property. If the county intends to place a lien on
the property, as provided in subsection (2) below, it must also notify all other persons
whose names appear on the tax rolls of the county as having an interest in the property.
Notice shall be given by personal service or certified mail, except that notice may be
given by first class mail to those persons, other than the property owner, whose names
appear on the tax rolls of the county as having an interest in the property. All notices
shall state the procedure for appeals under this section.
(2) If the person owning the property, acting as manager or agent for the
owner of the property, or in possession or control of the property fails to remove or
effectively obscure the graffiti within seven (7) days from receipt of notice described in
subsection (1) above, the county may cause the graffiti to be removed or effectively
obscured and charge the property owner, or the property owner's manager or agent, or the
person in possession or control ofthe property, for the expenses incurred by the county in
removing the graffiti. The county may sue in a court of competent jurisdiction to recover
all such expenses, which shall include, but not be limited to, all administrative personnel
costs, attorney's fees and costs related to enforcing this section; and/or the county may
record a lien in the public records of New Hanover County, which lien shall be for all
such expenses, and the amount of the lien shall bear interest from the date of recording at
the legal rate proscribed by law.
(3) Appeals may be taken to the County Manager or his designee by the
person owning the property, acting as manager or agent for the property, or in possession
or control of the property to prevent removal of any graffiti, within seven (7) days of
having received notice from the county that graffiti must be removed. Appeals shall be in
writing and shall state the reasons for the appeal. If, on appeal, the County Manager or
his designee determines that the graffiti must be removed, the County Manager or his
designee may set a new deadline date for compliance or authorize the county to proceed
to remove or obscure the graffiti. The county shall not remove or obscure any graffiti
during the pendency of an appeal.
(4) If the county determines that any graffiti is a danger to the health, safety,
or welfare of the public and is unable to provide notice by personal service after at l'east
two attempts to do so, then forty eight (48) hours after either (a) the mailing of the notice
described m subsectlOn (1) above by certIfied and first class mail to the person owmng
the property, actmg as agent or manager for the owner of such property, or m possesslOn
or control of such property, or (b) the postmg of the notIce m a conspIcuoUS place on the
property, the county may remove or cause the graffitI to be removed at ItS expense.
(5) In no case shall the county pamt or repmr any area obscured by graffitI
more extensIvely than where the graffitI Itself IS located. The county shall not be
reqmred to restore the obscured area to ItS ongmal condltlOn (1.e., color, texture, etc)
(t) Enforcement and Penalties for Violation of this Article.
(1) Where there IS a vlOlatlOn of SectlOn (b) of thIS ArtIcle, the county, at ItS
dlscretlOn, may take one (1) or more of the followmg enforcement actlOns'
(a) A Shenff's Deputy may Issue a cltatlOn subjectmg the vlOlator to a CIVIl
penalty of two hundred fifty dollars ($250 00) for a first offense and five
hundred dollars ($500 00) for a second offense, whIch penaltIes may
provIde for a delmquency charge upon nonpayment of twenty five dollars
($25 00), and WhICh penaltIes and delmquency charge may be recovered
by the county m a CIVIl actlOn.
(b) A mIsdemeanor warrant may be Issued eIther ImmedIately or upon the
Issuance of a cltatlOn and the vlOlator's fmlure to pay the cltatlOn. ThIS IS
a Class 3 mIsdemeanor, pumshable by a fine of up to one thousand dollars
($1,00000), and/or Impnsonment for up to thIrty (30) days and the
vlOlator shall be reqmred to make restItutlOn to the vIctIm for the damage
or loss suffered by the vIctIm as a result of the offense, as determmed by a
court of competent jUflsdlctlOn.
(c) Any other remedy provIded for m tills ArtIcle or otherwIse allowed by
law.
(2) Where there IS a VIOlatIOn of SectIOn (d) of thIS ArtIcle, the county, at ItS
dIscretIOn, may take one (1) or more of the followmg enforcement actIOns.
(a) A Shenff's Deputy may Issue a cItatIOn subjectmg the VIOlator to a CIVIl
penalty of not more than two fifty hundred dollars ($250 00) for a first
offense and five hundred dollars ($500 00) for a second offense, WhICh
penaltIes may provIde for a delInquency charge upon nonpayment of
twenty five dollars ($25 00), and whIch penaltIes and delInquency charge
may be recovered by the county m a CIVIl actIOn. In detennmmg the fine
to be Imposed, the county may consIder the efforts, If any, taken by the
VIOlator to remove or effectIvely obscure the graffitI.
(b) A CIVIl actIOn seekmg a penalty of five hundred dollars ($50000) per day
of VIOlatIOn plus mjUnctIOn and order of abatement may be dIrected
toward any person owning the property, acting as manager or agent for the
owner of the property, or in possession or control of the property.
( c) Any other remedy provided for in this Article or otherwise allowed by
law.
Except as specified referenced herein, the existing provisions of Chapter 38 shall
remain in full force and effect.
This the 11 th day of July, 2005.
[SEAL]
~OVERCOrY
li~~
Robert G. Greer, Chairman
Board of Commissioners
ATTEST:
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Sheila L. Schult
Clerk to the Board
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PROJECT ORDINANCE
$123 MILLION 2005 SCHOOL BOND PROJECT
BE IT ORDAINED, by the Board of Commissioners of New Hanover County:
1. New Hanover County (County) is engaged in the Design and Construction of the $123 Million 2005 School
Bond Project, which capital project involves the construction and/or acquisition of capital assets.
2. County desires to authorize and budget for said project in a project ordmance adopted pursuant to North
Carolina General Statute $159-13.2, such ordinance to authorize all appropriations necessary for the
completion of said project.
NOW, THEREFORE, WITNESSETH THAT:
1. This project ordinance is adopted pursuant to North Carolina General Statute $159-13.2.
2. The project undertaken pursuant to this ordinance is the Design and Construction of the $123 Million
2005 School Bond Capital Project, which project is herewith authorized.
3. The revenue that will finance said project is:
Bond Proceeds
$123.000.000
Total
$123.000.000
4. The following appropriations necessary for the project are herewith made from the revenue listed above:
Capital Project Expense
$123.000.000
Total
$123.000.000
5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover
County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget
offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover
County.
Adopted this the 11th day of July 2005.
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Robert G. Greer, Chairman
Board of County Commissioners
2.51. 5. P~S5
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No.5
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 6, 1971
CASE: Z-797 06/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area No.5 is hereby amended by removing the hereinafter
described tract from the R-15 Residential Zoning District Classification and placing it entirely in the
0&1 Office & Institutional District Classification, said land being described as follows:
BEGINNING at a point of intersection of northwestern boundary of Market Street (U S Hwy 17) a
100' public right-of-way, said point being located approximately 150 feet along that right-of-way
from its intersection with the northeastern boundary of Sweetwater Drive, a 44' right-of-way, and
running thence from the point of beginning, North 47022 '42" West, 9696 feet to a point, thence
North 45039'45 West, 160 02feet to apoint, thence North 4r46'27" East, 227 36feet to a point,
thence South 46030'38" East, 170 12feet to a point; thence South 47016'15" East, 8623 feet to a
point in the northwestern boundary of Market Street, thence with that right-of-way, South 42037 '42"
West, 229 41 feet to the point and place ofbeginning, containing 58,745 square feet, or 1 35 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 No.5 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.
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Robert G. Greer, Chairman
Attest:
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Clerk to the Board
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COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For Child Daycare in a R-15 Residential Zoning District
S-531,06/05
The County Commissioners for New Hanover County having held a public hearing on July 11,
2005, to consider Application Number S-531 submitted by Hope Child Care & Development
Center for a Special Use Permit to locate a daycare facility in an R-15 Residential District located
at 4905 South College Road and having heard all 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 72-27 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. The child day care facility will be served by public water and sewer.
1) The daycare is proposed to have approximately 100 children.
2) The existing facility will also house an elementary school and church. Elementary
schools and churches are permitted in R-15 Residential Districts.
3) Access to the site will be a single driveway from South College Road. College road is
classified as an arterial road on the County's Thoroughfare Classification Plan.
4) The site is located within the Myrtle Grove VFD.
5) Total area of the site is 4.04 acres.
1) 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:
2) The site is located in a R-15 Residential District. A child daycare facility is permitted by
Special Use Permit.
3) A site plan has been submitted displaying the existing school (12,128 sq. ft.), and future
family life center (14,048 sq. ft.).
4) Existing setbacks, bufferyards, and parking will need to meet the County's Zoning
Ordinance.
5) 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:
6) The surrounding land use is R-15 Residential
7) An existing storm detention pond is located on the site.
8) 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:
1) The 1999 Land Classification Plan identifies this area as Resource Protection. This class
provides for the preservation and protection of important natural, historic, scenic wildlife
and recreational resources.
2) The primary land use adjoining the subject site area is residential with B-2 Highway
Business and other institutional uses located nearby.
6. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMT 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. 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.
B. 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.
C. Other:
1) All other applicable federal, state, and local laws.
2) The gate located at the rear of the daycare facility and adjacent to Foxwood Lane
will be utilized for emergency access purposes only.
3) Operating hours for the daycare facility will be from 6:00 a.m. to 6:00 p.m.
4) The current NCDOT Driveway Permit will be revisited by DOT based on the
change of use.
5) The day care facility will be limited to 100 children.
6) Lighting around the daycare facility will not be intrusive to adjoining property.
Ordered this 11 th day of July, 2005.
.~~
Robert G. Greer, Chairman
Attest:
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Clerk To the Board
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COUNTY OF NEW HANOVER
ST ATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Single Wide Mobile Home in an RA Zoning District
S-532, 07/05
The County Commissioners for New Hanover County having held a public hearing on July 11 2005 to
consider application number S-532 submItted by Wilham David Hewlett for a special use permit to locate
a single WIde mobile home in an RA Rural Agriculture District located at 21 Castle Farms 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 72-27 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 accordmg to the plan as submitted and approved.
In support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The subject property is part of the Castle Farms Mobile Home subdivision located in the
Castle Hayne Community near Lynn Avenue
B. The single wide mobile home will be served by indiVIdual well and septic system.
C. The subject property is located within the Castle Hayne VFD.
D. Access to the subject property will be on Castle Farms Road.
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 site is located in an RA Rural Agriculture Zoning District.
B. Smglewide mobile homes are permitted by special use permit in the RA district.
C. Setback requirements of the RA District for the single wide mobile home can be met.
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 adjommg 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. Other single wide mobile homes exist nearby.
B. A Special Use Permit was recently granted by the County for a single wide mobile home on
the corner ofLynn Avenue and Castle Farms Road.
C. No evidence has been presented that the proposed use wIll injure the value of adjoining or
abutting property values.
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 site is classified as Resource Protection by the New Hanover County Comprehensive
Plan. The purpose of the Resource Protection class is to provide for the preservation and
protection of Important natural, historic, scenic, wildlife and recreational sources.
B. Other Mobile Homes have existed nearby for more than 10 years.
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 BEG RANTED subject to the following
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.
B. 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.
C. Other:
1) All other applicable federal, state and local laws.
2) A variance from the setback requirements through the County's Board of
Adjustment will be required if the mobile home is placed parallel to Castle Farms
Road.
Ordered this 11th day of July 2005
Attest:
Wh~
Robert G. Greer, Chairman
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Clerk to the Board