2005-09-06 RM Exhibits
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RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, the New Hanover County Cooperative Extension Arboretum Foundation has
purchased anew 2005 GMC Cargo Van, vehicle identification number IGTFG15X451157839, and
desires to donate the vehicle to New Hanover County to supplement the County Cooperative
Extension Operations Program;
AND WHEREAS, the County Cooperative Extension Director and the Assistant County
Manager have determined the cargo van would be an asset to the current program;
AND WHEREAS, a budget amendment for accounting purposes only, is required to record
the value of the donation and said budget amendment is attached as part of this resolution;
AND WHEREAS, the County Manager, the Finance Director, and the County Cooperative
Extension Director recommend acceptance of the cargo van and approval of related budget
amendment;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that the new 2005 GMC Cargo Van, vehicle identification number
IGTFG15X451157839, valued at $21,844.60, the valued determined by amount paid by the
Foundation for the van and the required highway use tax; be accepted as a donation from the New
Hanover County Cooperative Extension Arboretum Foundation and the budget amendment be
adopted; and that the County staff is directed to process any required documents to consummate the
transaction.
This 6th day of September, 2005.
(SEAL)
ATTEST:
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Sheila 1. Schult
Clerk to the Board
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Robert G. Greer, Chairman
Board of County Commissioners
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NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMA TION
WHEREAS, the North Carolina Department of Transportation organizes an annual fall
statewide roadside cleanup to ensure clean and beautiful roads in North Carolina; and
WHEREAS, the Fall 2005 "LITTER SWEEP" roadside cleanup will take place September 17 -
October 1, 2005, and encourage local governments and communities, civic and professional
groups, businesses, churches, schools, families and individual citizens to participate in the
Department of Transportation cleanup by sponsoring and organizing local roadside cleanups; and
WHEREAS, Adopt-A-Highway volunteers, Department of Transportation employees,
Department of Correction inmates and community service workers, local government agencies,
community leaders, civic and community organizations, businesses, churches, schools, and
environmentally concerned citizens conduct annual local cleanups during "LITTER SWEEP"
and may receive certificates of appreciation for their participation; and
WHEREAS, the great natural beauty of our state and a clean environment are sources of great
Iilj pride for all North Carolinians, attracting tourists and aiding in recruiting new industries; and
WHEREAS, the cleanup will increase awareness of the need for cleaner roadsides, emphasize
the importance of not littering, and encourage recycling of solid wastes; and
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WHEREAS, the 2005 Fall cleanup will celebrate the 17th Anniversary of the Adopt-A-Highway
program and its 6,000 volunteer groups that donate their labor and time year round to keep our
roadsides clean; and
WHEREAS, the "LITTER SWEEP" cleanup will be a part of educating the children of this
great State regarding the importance of a clean environment to the quality of life in North
Carolina;
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that September 17 - October 1, 2005 be recognized as "Fall Litter Sweep" in
New Hanover County.
Adopted this the sixth day of September 2005.
ATTEST:
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Robert G. Greer, Chairman
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I Sheila L. Schult, Clerk to the Board
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A RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, the Local Govemment Commission of North Carolina has informed the Board of
Commissioners of the sale of the County of New Hanover $18,265,000 General Obligation Refunding
Bonds, Series 2005, dated September 1,2005 (the "Bonds") and that the contract of sale contemplates
that the Bonds shall be payable and bear interest as hereinafter provided; and
\VHEREAS, the Board of Commissioners of the County of New Hanover (the "Issuer") desires
to take such actions as are necessary to approve the terms of such sale and to authorize and/or confirm
such other actions contemplated by such sale: NOW THEREFORE,
BE IT RESOLVED by the Board of Commissioners of the Issuer, as follows:
1. The Board of Commissioners approves the sale of the Bonds to Legg Mason Wood
WaIker, Incorporated on the terms accepted by the Local Government Commission.
2. The Bonds shall mature on February 1 in the years and principal amounts and bear
interest from their date payable on February 1, 2006 and semi-annually thereafter on each August 1 and
February 1 at the rates per annum, as follows:
\
Year
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
Principal Amount
$100,000
65,000
70,000
1,720,000
1,700,000
1,675,000
1,655,000
1,635,000
1,625,000
1,610,000
1,595,000
2,405,000
2,410,000
Interest Rate
4.00%
4.00
3.50
3.25
3.25
3.50
3.75
4.00
4.00
4.00
4.00
5.25
5.25
TIle aggregate issue size and individual bond maturity provisions set forth in the bond resolution
adopted by the Board on August 9, 2005 are revised and anlended accordingly.
3. TIle Chainnan and the Clerk of the Board of Commissioners, the COIDlty Manager, any
Interim County Manager, the Finance Director and other officers of the Issuer are hereby authorized
and directed to take all other actions necessary in cOlmection with the sale and issuance of the Bonds
and the effectuation of the purposes for which the Bonds are being issued.
4. The Preliminary Official Statement dated on or about August 19, 2005 setting
forth financial and statistical data in connection with the offering of the Bonds (the "Official
Statement") is hereby approved, ratified and confirmed in all respects. In connection with this
approval, the Board of Commissioners of the Issuer has examined copies of the Official
Statement and has, to the extent and in the manner it has deemed necessary, discussed the
contents thereof with officers of the administration of the Issuer. The Board of Commissioners
of the Issuer does hereby recite that, upon its examination and discussions, nothing has come to
its attention which would lead it to believe that said Official Statement contains any untrue
statement of a material fact or omits to state any material fact necessary to make the statements
therein, in the light of the circumstances under which they were made, not misleading. The
Chairman of the Board of Commissioners, the County Manager, any Interim County Manager
and the Finance Director of the Issuer are each hereby authorized to approve changes in such
Official Statement and to execute such Official Statement, as revised following the sale of the
Bonds, for and on behalf of the Issuer.
5. This resolution shall become effective upon its adoption.
This the 6th day of September, 2005.
(SEAL)
N~2L-
Robert G. Greer, Chairman
ATTEST:
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Sheila 1. Schult
Clerk to the Board
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STATE OF NORTH CAROLJNA
COUNTY OF NEW HANOVER
BEFORE THE BOARD OF
COUNTY COMMISSIONERS
IN THE MATTER OF RENAMJNG
AN UNNAMED ROAD TO
TERRA LANE
ORDINANCE
It appearing to the Board of County Commissioners of New Hanover County that
consideration has been given to the naming of Terra Lane located between Silva Terra
Drive to the north and Horn Road to the south and having a total approximate length of
350 feet and is a part of Plat book 6 Page 74 and Plat Book 13, page 41 in the New
Hanover County Registry. A public hearing was held on Tuesday, September 6, 2005 at
whIch time all persons were heard on the question of whether or not the renaming would
be in the public mterest; and it further appearing that notice of said hearing was
transmitted to all resident owners and prominently posted in at least two (2) locations
along said road; and published in the Star News local newspaper, and the Board of
County Commissioners is of the opinion that said road in New Hanover County should be
renamed and the renaming of same is in the public interest, the description of which is
delineated on the attached map exhibit.
NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above
described road is hereby named Terra Lane.
IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the
office of the Register of Deeds of New Hanover County, North Carolina, and that notice
of the action taken by the Board of County Commissioners be transmitted to the
postmaster having jurisdiction over the road, the North Carolina Board of Transportation
and to any city within five (5) miles of said road in accordance with N.C. General Statues
153A-240.
Adopted this the 6h day of September 2005.
Attest:
1lI.J!Jc6--
Robert G. Greer, Chairman
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Clerk to Board
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A RESOLUTION
OF THE
NEW HANOVER COUNTY
BOARD OF COMMISSIONERS
WHEREAS, G S. 158-7.1 authorizes counties to make appropriations for the
purpose of aiding and encouraging the location of manufacturing enterprises and locating
industrial and commercial plants in the County; and
WHEREAS, Guilford Mills, Inc. ("Guilford Mills") currently operates headquarters
facilities in Greensboro, NC with additional administrative personnel in Kenansville, NC;
and
WHEREAS, Guilford Mills is considering relocating and consolidating its
headquarters and management to New Hanover County to allow for more efficient
management of the company. The initial move will involve 40 positions with an average
annual compensation of $158,000. The Center for Business and Economics at UNCW
performed an economic impact evaluation and determined that such a move would
generate an annual economic output of $8.1 million dollars for New Hanover County's local
economy. The company is a worldwide leader in the manufacturing of headliner and body
cloth fabrics for the automotive industry that include seats, visors, trunk liners and pillars.
Additionally the firm specializes in technical textiles for industrial and consumer
applications. Guilford Mills employs approximately 2,650 people worldwide including 1,700
employees located in North Carolina; and
WHEREAS, an Economic Development Grant is competitively necessary to
encourage Guilford Mills to locate its world headquarters in New Hanover County. In
addition, the wage levels proposed for the jobs will far exceed the average wage for New
Hanover County; and
WHEREAS, notice of a public hearing on an economic development grant was
advertised on August 25, 2005 in accordance with G.S. 158-7.1; and
WHEREAS, the New Hanover County Board of Commissioners desires to
encourage such economic growth and development and has determined that it is in the
public interest and consistent with G.S. 158-7 1 to make the grant to Guilford Mills in
accordance with the terms of the Resolution; and
WHEREAS, the proposed grant would provide a payment by New Hanover County
of $200,000.00 disbursed in three payments as follows:
. One-Third payment when Guilford Mills, Inc. executes a lease for interim
office space and relocates fifteen employees to New Hanover County.
. One-Third payment on the one-year anniversary date of the lease execution
for Interim office space.
. One-Third payment when Guilford Mills Inc. is issued the certificate of
occupancy on its new building and a total of forty employees have been
hired.
The annual grant amounts are subject to reduction in the event that Guilford Mills
does not satisfy the minimum level of capital investment and job creation as set forth
above.
NOW, THEREFORE, BE IT RESOLVED THAT the New Hanover County Board of
Commissioners hereby approves an Economic Development Grant to Guilford Mills as set
forth above and authorizes the Chairman and County Attorney to execute an Economic
Development Grant with Guilford Mills consistent with this Resolution.
This the 6th day of September, 2005.
[SEAL]
N/f!JJ~~
Robert G. Greer, Chairman
Board of County Commissioners
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ATTEST: ~
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Sheila L. Schult
Clerk to the Board
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RESOLUTION OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and publicly opened by the
Environmental Management Department at 2:00 p.m on the 9th day of August, 2005, at the New Hanover
County Environmental Management Administration Building, 3002 Highway 421N, Wilmington, North
Carolina, and the following bids were received for the construction of Cell 6C and the closure of a portion
of Cells 3B through 5A at the New Hanover County Landfill:
BJdder Cell 6C Construction Closure Cell 3B-5 Total
ES&J, Enterpnses, Inc. $1,580,301.00 $1,242,905.00 $2,823,206.00
PhillIps & Jordan, Inc. No Bid No Bid No Bid
ThaIle Construction No Bid No Bid NoBid
Glover Construction Co $1,603,865.50 $1,419,290.10 $3,023,155.60
T &K ConstructIOn LLC $2,471,504.70 $1,311,436.30 $3,782,941.00
Thompson and Company Inc. No Bid No BId No Bid
AND WHEREAS, SCS Engmeers, the consulting engineers for the project have reviewed the
proposals and recommend award to ES&J Enterprises, Inc.;
AND WHEREAS, the Environmental Management Director and the County Manager
recommend that Contract #06-0010 be awarded to ES&J Enterprises, Inc., the lowest responsible bidder
in the amount of $2,823,206.
AND WHEREAS, $2,411,083 is available in the Department of Environmental Management
Landfill fiscal year 2006 budget for the construction of Cell 6C and partial closure of Cells 3B through
5A;
NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of New Hanover
County that the contract for the construction of Landfill Cell 6C and the partial closure of Cells 3B
through 5 be awarded to ES&J Enterprises, Inc., in the amount of $2,823,206; and that the County is
hereby authorized and directed to execute the contract, contract form to be approved by the County
Attorney.
This the 6th day of September 2005.
(SEAL)
~~
Robert G Greer, Chairman
Board of Commissioners
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Sheila L. Schult
Clerk to the Board
K i:b ';l.l\. ::L J. 7
PROJECT ORDINANCE
CELL 6C AND CELL 3B - 5 PARTIAL CLOSURE
BE IT ORDAINED, by the Board of Commissioners of New Hanover County:
1. New Hanover County (County) is engaged in the Construction of Cell 6C and Cell 3B
through 5 Partial Closure at the New Hanover County Landfill, 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 ordinance 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 Construction of Cell 6C and Cell
3B though 5 Partial Closure Capital Project, which project is herewith authorized.
3. The revenue that will finance said project is:
Transfer in From Fund 700 $ 2.687301
Total $ 2.687.301
4. The following appropriations necessary for the project are herewith made from the
revenue listed above:
Capital Proj ect Expense
Total
$ 2.687301
$ 2.687.301
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 6th day of September 2005. .9.IJIJ ~
Robert G. Greer, Chairman
Board of County Commissioners
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Sheila 1. Schult
Clerk to the Board
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RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, Daruel David Cameron was born October 16,1921 in Wilmington, North Carolina; and
WHEREAS, Dan Cameron, a 1938 graduate of New Hanover High School attended the Virginia
Military Institute where he graduated in 1942; and
WHEREAS, having been part of "The Greatest Generation" honorably served his country during
WWTI, first as U.S. Army 2nd Lieutenant, then as Major; and
\VHEREAS, upon his retum to Wilmington, Dan Cameron becanle active in business, helped form
the Committee of 100, served on countless community service organization boards; and
WHEREAS, like his father Bruce Barclay Cameron, was elected Mayor of the city of Wilmington
and served the community from 1955 to 1957 with integrity and tireless devotion; and
WHEREAS, Dan Cameron and his family have been generous and ardent benefactors of the
University of North Carolina at Wilmington, New Hanover Regional Medical Center, the arts and
culture of the region, and various community organizations; and
WHEREAS, like Dan Cameron did throughout his lifetime, the nearly completed Interstate 140
(Wilmington Bypass) will serve the area's economic needs for many years.
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of
Commissioners does hereby propose naming the 1.43-mile bridge crossing the Cape Fear River and
located on Interstate 140 (Wilmington Bypass), The Dan Cameron Memorial Bridge and urge the
North Carolina Board of Transportation to approve this proposal and recognize the legacy of Daniel
David Cameron.
Adopted this, the 6th day of September 2005.
[Attest]
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Sheila 1. Schult, Clerk to the Board
Robert G. Greer, Chairman
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RESOLUTION
OF THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
WHEREAS, Commissioners from New Hanover County have a history of participation
and service to the North Carolina Association of County Commissioners (NCACC); and
WHEREAS, New Hanover County is honored to have had four County Commissioners
serve as president of the NCACC; and
WHEREAS, New Hanover County has never had the pleasure of hosting the NCACC
Annual Conference; and
WHEREAS, once the Wilmington Convention Center is completed on the downtown
riverfront, New Hanover County will have adequate facilities to host the convention.
NOW, THEREFORE BE IT RESOLVED that the New Hanover County Board of
Commissioners respectfully requests the North Carolina Association of County
Commissioners to consider an invitation to conduct a future Annual Conference in New
Hanover County.
Adopted this, the 6th day of September 2005.
1?M~
Robert G. Greer, Chairman
Attest:
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Sheila 1. Schult, Clerk to the Board
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA 8B
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 7,1972
CASE: Z-805, 08/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Z 8.:l. ~ 8 . 57. (
SectIOn 1. The Zomng Map of Zomng Area No. 8B is hereby amended by removing the heremafter described
tract from the B-2 HIghway Busmess/R-15 Residential District Classifications and placing it entirely in the R-1 0
ResIdential District ClassIficatIOn, said land being described as follows:
BEGINNING at an existmg iron pipe m the northeastern rzght of way line of N C Highway] 32 "North ", also
knmvn as North College Road (200 foot public right of way), Said iron pipe bemg located North 73 degrees 42
minutes 54 seconds East] 0007 feet as measured along the centerline of Murrayville Road (secondalY road
#] 322, 60 foot public right of way), thence leaving said centerline South] 8 degrees 22 minutes 30 seconds East
30.02feet to a point m the nght of way llltersection of the above mentioned northeastern nght of way line ofN C
Highway] 32 and the southern right of way line ofMurrayville Road, thence with said northeastern line ofN C
Highway] 32 South] 8 degrees 22 minutes 30 seconds East 70.52 feet and South] 8 degrees 22 minutes 30
seconds East 329.53 feetfi'OIn a "set PK nail" in the centerline intersection ofN C Highway] 32 and Murrayville
Road, sald beginmng point also being located a gnd beanng of South 36 degrees 48 mmutes 45 seconds East and
a horizontal distance of 584 35 feet fi'011l N C G S. monument "Bonnie "; said monument coordinates being
y=] 98,2688] 6, X=2,340,798 7335 With a scalefactorof].0000124 feet, datum bel11g NA.D. 83, said beginning
pomt also marlang the southwestern corner of the Boney Wilson & Sons tract as recorded III Book]] 45, Page
0757 of the New Hanover County Registry, running thence from said point of begmning and leaving said
northeastern right of way line with the dividing line of the Boney Wilson & Sons tract and the Mittie Reaves Todd
Heirs tract as recorded in Book 0409, Page 034] ofsaid RegistlY, North 73 degrees 42 minutes 45 seconds East
69920 feet to an eXisting Iron pipe in the western line of Bent Tree Subdivision as recorded in Map Book 20,
Page 20 of said RegistlY, said iron pipe marking the southeastern corner of the Boney Wilson & Sons tract and
also the northernmost corner of Mittie Reaves Todd Heirs tract - running thence with the western line of Bent
Tree SubdiVision South ] 8 degrees ] 6 mll1utes ] 5 seconds East 600.00 feet to a set iron pipe marlang the
southwestern corner of Lot 87 of Bent Tree Subdivision; running thence with the southern line of a said Lot 87
South 87 degrees] 6 mmutes ] 5 seconds East] 68 83 feet to a set iron pipe in the northwestern right of way lme
of Interstate 40 (320 foot public right of way, controlled access), Said Iron pipe marking the southernmost corner
of said Lot 87; running thence with said right of way line with a curve to the south havll1g a chord bearing and
distance of South ]6 degrees 02 minutes 09 seconds West ]0366] feet (delta = ]9 degrees 50 minutes 05
seconds, radius = 3,0] 040 feet) to an existing N CD 0 T right of way monument, said monument also being
located fi'om the preceding iron pipe the following chord bearings and distances South 24 degrees] 0 minutes 47
seconds West] 6287 feet to a set iron pipe, South 2] degrees 06 minutes 55 seconds West] 84.43 feet to a set iron
pipe, South] 9 degrees 36 minutes 57 seconds West 34 48feet to an existing N CD 0 T right of way monument,
South] 8 degrees 0] mll1utes 32 seconds West 88.94 feet to a set iron pipe, South] 6 degrees 02 71unutes 2]
seconds West 67 72 feet to a set iron pipe, South] 3 degrees 57 minutes] 0 seconds West] 85 45 feet to a set iron
pipe, South] 0 degrees 27 mll1utes ] 4 seconds West] 79 46 feet to a set iron pipe and South 07 degrees 24 minutes
39 seconds West] 38 22feet, running thencefi'om the previously mentioned N CD 0 T nght of way monument
located at the end of the above mentioned curve with said right of way line South ] 6 degrees 08 mmutes 49
seconds West] 43 2] feet to an existing N CD 0 T right of way monument in the right of way intersection ofsaid
Interstate 40 and the northeastern line of the Interchange Interstate 40 and the northeastern line of the
Interchange Interstate 40 to N C Highway 132 (Interchange width IS 12500 feetfi'om the centerline of the
existing lane of interchange and having controlled access); running thence with said northeastern line With a
curve to the North having a chord bearing and distance of North 33 degrees 11 minutes 54 seconds West 5] 680
feet ( delta = 20 degrees 33 lIunutes 16 seconds, radius = ],447 95 feet) to an existing N CD 0 T right of way
monument, said monument also being located fi'om the precedmg N C DOT right of way monument the
following chord bearzngs and distances: North 39 degrees 31 minutes 10 seconds FVest 199 94 feet to a set Iron
pipe, North3] degrees 34 minutes 25 seconds West 201 34 feet to a set iron pipe and North 25 degrees] 5 minutes
10 seconds West] 17 95 feet, runmng thence fi'om the above mentioned N CD 0 T right of way monument at the
end of the above mentIOned curve with said northeastern line North 34 degrees 44 minutes 56 seconds West
19937 feet to an existing N CD 0 T right of way monument in the above mentioned northeastern right of way
lme orN. C Highway] 32, running thence lvith said northeastern lme North 18 degrees 22 minutes 30 seconds
FVest 968 67 feet to the point of beginning, said northeastern line having controlled access with 70 foot access to
N.c. Highway 132 on the northern end of the last described line. Containing 2051 acres more or less. Being the
same tract of land conveyed to Mittie Reaves Todd as described in Book 0409, Page 0341 of the New Hanover
County Reglstl]) (Tax ID #R03400-003-013-000)
Section 2. The County Clerk IS hereby authorized and dIrected under the supervIsIOn of the County
COnll11lSSIOners to Change the Zoning Map No. 8B on file m the office of the County Commissioners, so as to
make It comply with thIS ordmance.
SectIOn 3 Any ordinance or any part of any ordinance m conflict with this ordmance, to the extent of such
conflIct, is hereby repealed.
SectIOn 4. This ordmance IS adopted in the mterest 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.
Adopted the 6th day of September, 2005.
Attest:
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Robert G Greer, Chamnan
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Clerk to the Board
..:s u... 1J:J4 3. 3 7
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Single Wide Mobile Home in a R-20 Zoning District
S-533, 08/05
The County Conm11SsIOners for New Hanover County havmg held a publIc heanng on September 6, 2005
to consIder applIcatIOn number S-533 submItted by WIllIam Nixon for a specIal use permIt to locate a
smgle WIde mobIle home m a R-20 ResIdentIal DIStrICt located at 3355 DaVIS Lane and havmg heard all
of the eVIdence and arguments presented at the heanng, make the followmg FINDINGS OF FACT and
draw the followmg CONCLUSIONS.
1. The County CommIssIOners FIND AS A FACT that all of the specIfic reqUlrements set forth m
SectIOn 72-27 of the County Zonmg Ordmance WILL be satIsfied If the property IS developed m
accordance WIth the plans submItted to the County COlTIlmSSIOners.
2. It IS the County CommIssIoners' CONCLUSION that the proposed use DOES satISfy the first general
reqUIrement lIsted m the Ordmance; namely that the use will not matenally 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 Comn11SsIOners make the followmg FINDINGS OF FACT:
A. The SIte will be served by well and septIc system.
B. The proposed use WIll have access of a publIc road - DaVIS Lane (SR 1920).
C. The SIte IS not located wlthm the 100 year flood zone.
D. The SIte IS located wlthm the Wnghtsboro VFD.
3. It IS the County Comn11SsIOners' CONCLUSION that the proposed use DOES satIsfy the second
general reqUlrement lIsted m the Ordmance; namely that the use meets all reqUlred condItIOns and
specIficatIOns. In support of thIS conclusIOn, the CommIssIoners make the followmg FINDINGS OF
FACT:
A. Smgle WIde mobile homes are permItted by SpecIal Use PermIt m a R-20 ReSIdentIal Zonmg
DIStrICt.
B. Setback reqUIrements of the R-20 DIStrICt for the smgle WIde mobile home can be met.
C. No conservatIOn or hIstoric resources are located on the subject property.
4. It IS the County CommIssIOners' CONCLUSION that the proposed use DOES satIsfy the thIrd
general reqUlrement lIsted m the Ordmance; namely that the use wIll not substantIally mjure the value
of adjommg or abuttmg property, or that the use IS a publIc necessIty In support of this conclusIOn,
the COlTIlTIlSSIOners make the followmg FINDINGS OF FACT:
A. Other smge WIde mobile homes eXIst nearby.
B. No eVIdence has been presented that the proposed use WIll mjure the value of adjommg or
abuttmg property values
5 It 1S the County C0l11l11lSSlOners' CONCLUSION that the proposed use DOES satlsfy the fourth
general reqmrement hsted m the Ordmance, namely that the 10catlOn and character of the use 1f
developed accordmg to the plan as subm1tted and approved will be m ham10ny w1th the area m wh1ch
It 1S to be located and m general conformIty w1th the plan of development for New Hanover county
In support ofth1s concluslOn, the CommisslOners make the followmg FINDINGS OF FACT:
A. The slte 1S class1fied as Resource ProtectlOn by the New Hanover County ComprehensIve
Plan. The purpose of the Resource ProtectlOn class 1S to prov1de for the preservatlOn and
protectlOn of 1mportant natural, h1stonc, scemc, wlldhfe, and recreatlOnal resources.
B. Other mob1le homes are located nearby.
6. Therefore, because the County Comm1sslOners conclude that all of the general and spec1fic cond1tlOns
precedent to the 1ssuance of a SPECIAL USE PERMIT HAVE been satlsfied, IT IS ORDERED that
the apphcatlOn for the 1ssuance of a SPECIAL USE PERMIT BEGRANTED subject to the followmg
cond1tlons.
A. That the apphcant shall fully comply w1th all of the spec1fic reqmrements stated m the
Ordmance for the proposed use, as well as any add1tlOnal cond1tlOns heremafter stated.
B. If any of the cond1tlOns Imposed by th1S spec1al use permIt shall be held mval1d beyond the
authonty of th1S Board of Comm1SSlOners by a court of competent Junsd1ctlOn, then thIS
perm1t shall become vOld and of no effect.
C. Other:
1) All other appl1cable federal, state and local laws
Ordered thIS 6th day of September 2005
Attest:
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Robert G Greer, Chamnan
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Clerk to the Board
z. B , . s: S8
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AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No.5 and AREA No. 8B
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 6,1971 and July 7,1972 respectively
CASE: Z-806, 08/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Areas No.5 and 8B are hereby amended by removing the
hereinafter described tract from the R-15 Residential Zoning District Classification and placing it in
the B-1 Neighborhood Business Zoning District Classification, said land being described as follows:
A certain tract or parcels of land lying and being in Hamett Township, New Hanover
County, North Carolina and being those tracts or"a part of the those tracts described in the
following: d.b. 3506 pg. 78, d.b. 2627 pg. 856, d.b. 2550 pg. 545, d.b. 2115 pg. 281, d.b.
2115 pg. 284 d.b. 2627 pg. 856, d.b. 2637 pg. 896, d.b. 4894 pg. 410 and d.b. 2912 pg.
783 in the records of the New Hanover County Registry, North Carolina and being more
particularly described as follows:
Beginning on a point that is located on the Vl.estern right of way of U.S. Hwy. 17 (North
Market Street right of way varies) and having an N.C. Grid Coordinate of N=202799.378
E=2365751.499 (NAD 1983), said point being the southeast corner of the Pineridge
Properties tract as described in deed book 2627 pg. 856 and also being the eastem most
corner of the Scarafoni Associates N.C. Inc. tract as described in deed book 2273 pg.
154:
Proceed thence from said beginning point and with the northern line of the Scarafoni tract
N 47-35-34 W 248.98 ft. to an existing iron pipe, thence with the terminus of a road right of
way N 45-47-51 W 14.69 ft. to an existing concrete monument, thence continuing N 47-
40-39 W 83.50 ft. to an N.C. D.O.T. disc, thence with the western right of line of said road
S 42-41-16 W 264.38 ft. to an N.C. D.O.T. disc, thence with the southem right of way of
said road S 47-19-31 E 89.11 ft. to an iron set, thence leaving said right of way S 42-39-33
W 362.43 ft. to an existing iron pipe and being the southeastem corner of the Denise
Miller Lee tract as described in deed book 4431 pg. 644, thence wth said common line N
62-55-24 W 407.22 ft. to an existing iron pipe and being the northwestern corner of said
Lee tract, thence S 36-29-11 W 183.14 ft. to an existing iron pipe, thence S 66-38-54 W
262.74 ft. to an existing iron pipe and being in the common line of the Cypress Pond @
Porters Neck, LLC tract as described in deed book 4935 page 1814, thence wth said
common line N 62-59-37 W 583.37 ft. to an existing iron pipe, thence N 01-03-21 E
426.29 ft. to an existing iron pipe in the Greenview Ranches section 11 eastem line,
thence with said line N 00-43-12 E 717.15 ft. to an iron set on the southem right of way of
Interstate 140 (right of way varies), thence with said southem right of way and with a curve
to the left and a radius of 3937.00 ft. and a chord of S 82-01-39 E 565.03 ft. to an N.C.
0.0.1. disc, thence continuing with said right of way S 83-01-45 E 509.87 ft. to a point,
thence S 88-47-50 E 634.39 ft. to a point, thence S 85-01-12 E 194.02 ft. to a point,
thence with a curve to the right and a radius of 2230.97 ft. and a chord of S 80-53-42 E
205.04 ft. to an N.C. D.O.T. disc, thence S 01-24-55 E 132.75 ft. to an N.C. D.O.T. disc,
thence S 47-23-30 E 145.82 ft. to an N.C. 0.0.1. disc located at the intersection of the
southern right of way of Interstate 140 and U.S. Hwy. 17 (North Market Street), thence S
26-17-51 W 36.34 ft. to a point, thence S 22-16-31 W 93.37 ft. to an N.C. D.O.T. disc,
thence S 24-32-28 W 327.20 ft. to a point, thence S 42-34-46 W 270.85 ft. to a point,
thence S 42-47-08 W 6.74 ft. to the point of and containing an area of 50.84 acres
according to a survey by Hanover Design Services, P.A. in March of 2006.
All bearings are relative to N.C. Grid (NAD 83) M.B. 37 PG. 62.
Section 2. The County Clerk is hereby authorized and directed under the supervision of the County
Commissioners to Change the Zoning Map Areas No.5 and 8B 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
Adopted the 6th day of September, 2005 to become effective upon the official opening ofthe
1-140 bypass.
Attest:
/fdJu-
Robert G. Greer, Chairman
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