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1981-05-04 Regular Meeting 814 MINUTES OF REGULAR MEETING, APRIL,2l, 1981 (CONTINUED) LETTER INDICATING NO OBJECTION TO KURE BEACH ABC BILL Chm. 0'Shie1ds commented on House Bill 464 which was introduced on behalf of the Town of Kure Beach that would allow them to share in the ABC liquor by the drink profits. 'ilr It was agreed by consensus for the Chairman to write a letter to the legislators indicating that the Commissioners did not object to that bill. COMM. GOTTOVI LEFT THE MEETING A 3:41 O'CLOCK P.M. AND WAS ABSENT FOR THE REST OF THE MEETING. BUDGET TRANSFER FOR SETTLEMENT OF HOYLE LAWSU1T 0 Comm Armistead MOVED, SECONDED by Comm. Barfield, to approve the following budget transfer for funds paid to Henry Hoyle, Mary Hoyle and Peter Grear, Trustee in settlement of the lawsuit against the County. Debit - Acct. #ll 445 61, Contingencies Credit - Acct. #11 660 57, Non-Departmental - Misc. $6,000 $6,000 Upon vote, the motion CARRIED AS FOLLOWS: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Chm. 0'Shie1ds Comm. Gottovi EXECUTIVE SESSION Comm Armistead MOVED, SECONDED by Comm. Blake, that the meeting be recessed to Executive Session to discuss attorney/client matters and land acquisition. Upon vote, the motion CARRIED AS FOLLOWS: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and Chm O'Shie1ds Comm. Gottovi Chm. O'Shie1ds recessed the meeting to'Executive Se'ssic;m ,at 3:44 o'clock p. m. ChIn. O'Shields reconvened the meeting to Public Session ,at 4:39 o'clock p. m. ADJOURNMENT COIml. Blake MOVED, SECONDED by Comm. Barfield, that the meeting be adjourned. 0 Upon vote, the motion CARRIED AS FOLLOWS: Voting Aye: Absent: Comm. Armistead, Barfield, Blake and ChIn. O'Shields Comm. Gottovi " Chm. O'Shields adjourned the meeting at 4:39 o'clock p. m. Respectfully submitted, a6T'-4.,4~ Alyce B. Rusmisell Clerk to the Board MINUTES OF REGULAR MEETING, MAY 4, 1981 ASSEMBLY The New Hanover County Board of Co~issioners met in Regular Session on Monday, May 4, 1981, at 7:00 o'clock p.m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were Commissioners Howard L. Armistead, Jr.; Jonathan Barfield; Donald P. Blake; Karen E. Gottovi; Chairman Claud O'Shields, Jr.; Asst. County Manager Gary Cannon; Attorney Joseph O. Taylor, Jr. of the County Attorney's Office; and Clerk to the Board Alyce B. Rusmisell. o Chm. O'Shields called the meeting to order and offered the invocation. APPROVAL OF MINUTES: REGULAR MEETING OF APRIL 21, 1981 Upon MOTION by Comm. Blake, SECONDED by Comm. Armistead, the Minutes of the Regular Meeting of April 21, 1981, were UNANIMOUSLY approved as presented. 815 MINUTES OF REGULAR MEETING, MAY 4, 1981 (CONTINUED) ~ tj APPROVAL OF CONSENT AGENDA Chm. O'Shields pointed out a change I in the budget amendment under item 1/6. The Account Number on the credit side was incorrect on the Consent , Agenda and needed to be changed. 1 Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the follow- ing items on the Consent Agenda were UNANIMOUSLY approved: o ,RECLASSIFICATIONS AND RANGE CHANGES - PROPERTY MANAGEMENT The following position reclassifications and range changes in the Property Management Department were approved as recommended by the Personnel Officer and County Manager: Maintenance Mechanic IV, from 63 to 64 1. Position 039, Maintenance Foreman, from 63 to 65 2. Position 02, Housekeeping - Head Foreman, reclassified to Housekeeping Director, range 62 3. Position, 012, Maintenance Mechanic II, changed to a Maintenance Mechanic IV 4. Position 018, Clerk III to a Clerk IV, range 59 5. Position 027, Housekeeping Foreman, change from range 56 'to range 58 - No additional funds needed. 6. Changing the Housekeeping range from 51 to 52 BID FOR REMOTE AND SLAVE PRINTERS - TAX DEPARTMENT' Burroughs Corporation submitted the only bid on printers for the Tax Department., The bid was awarded to that company as recommended by the Tax Administrator in the following amounts: 1. B9246-6 Line Printer 0 B9949-10 Remote Interface B1351-2 Univ. Single Line Control $18,865 2. TP313 Slave Printer and XC515 15' Cable $2204 x 3 $ 6,612 CHANGE ORDERS - LIBRARY CONSTRUCTION Change Order G-9 to the contract with T. A. Nye & Sons, Inc. was approved. This Change Order was necessary to make corrections to the existing elevator shaft as directed by the N. C. Department of Labor and to credit the County for a mismatch in the carpet color. Change,Order,E~4: to the contrac~ ~ith Watso~ El~ctrical Construction Co. was approved. This change order was necessary to remove abandoned 'electrical conduit, wiring, and switches from the elevator as directed by the N. C. Department of ~;;bor. ..' , The following budget amendments were approved for the change orders: Debit - Acct. #82 575 69, Contingencies Acct. #82 575 65, General Contract Credit- Acct. 1/82 575 66, Electrical Contract $450. $100. $550. o BID FOR FRONT CUTTING MOWER - PARKS & RECREATION E. J. Smith and Sons submitted the only bid for a front cutting mower for the Parks & Recreation Department. The bid was awarded to that company in the amount of $7,545 as recommended by the Director of Parks & Recreation. ADDITION OF HADLEY COURT IN CRESTWOOD SUBDIVISION TO STATE SYSTEM The SR-2 Resolution requesting the addition of Hadley Court in Crestwood Subdivision to the State Secondary Road System was adopted. A copy of the Resolution is on file in the Clerk's Office. 816 MINUTES OF REGULAR MEETING, MAY 4, 1981 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) BUDGET AMENDMENT - PROPERTY MANAGEMENT The following amendment in the Property Management Budget was approved to cover funds expended for Services for the Aging: Debit - Acct. #11 495 04, Contracted Services Credit - Acct. 1/11 535 15, Contracted Services $8,000 $8,000 BUDGET AMENDMENT - AIRPORT TERMINAL RENOVATIONS The following amendment in the Airport Terminal Renovations Capital Project was approved to provide for temporary office space for the Airport Administration during construction: o Debit - Acct. #92 575 76, Contingencies (Project) Credit - Acct. #92 575 21, Temporary Office Space Rental $1,300 $1,300 BUDGET AMENDMENT - SHERIFF'S DEPARTMENT - JAIL DIVISION The following amendment in the Jail budget was approved to appropriate funds received on the Medical Grant Extension from March 31, 1981, to June 30, 1981. (Grant #14-180-E09-C062). Debit - Acct. 1111 349 03, Fed. Gov. Grant - Medical $1,854 Acct. 1111 350 04, State Gov. Grant- Medical 103 Acct. 1111 445 61, Contingencies 103 Credit - Acct. 1111 520 33, Department Supplies $2,060 BUDGET AMENDMENT - CAPE FEAR TECHNICAL INSTITUTE The following amendment in the Cape Fear Tech budget was approved to appropriate additional funds required for increased telephone expenses: Debit - Acct. #223 6126 28, Water and Electricity Credit - Acct. #223 7121 28, Telephone $3,000 $3,000 BUDGET AMENDMENT - LIBRARY The following amendment was approved in the Library budget to appropriate Federal Supplement Grant funds to institute or improve service to the hearing impaired/visually handicapped population: o Debit - Acct. 1111 3611 230, Fed. Enrichment Grant Supplement Funds $4,299 Credit - Acct. 1111 8461 641, Capital Outlay - Equipment $1,425 Acct.' 1111 6110 421, Supplies & Materials 65 Acct. 1111 6110 423, Books & Materials 2,809 PROPOSAL FOR CONSTRUCTION OF NORTHEAST INTERCEPTOR - ~ Chm.' O'Shields ex:plained that this item had been discti"ssed at the meeting_on April 21 an~ action ,~as postpo~ed ,~ntil this meeting. Chm. O'Shields and the Asst. County Manager had met with '.Mayor ,Halterman and the Wilmington City Manager and made the, following recommendations, to the Commissioners for construc~ion of the Northeast Interceptor: 1. The County would remain lead agent in applying for the grants and constructing the interceptor. 2. The City would pay $565,000 of the total amount required as local share for the project, with the County paying the balance of that amount. According to Mr. von Oesen's calculations, the local share would be $920,796 if bond money is necessary. If we have the money available from the General Fund, $695,296 will be required. In each case, according to this agreement, the County's share would be $355,796 and $130,296 respectively. o 3. Operation and maintenance three local governments based capacity of the interceptor. pay operating and maintenance non-incorporated areas hooked cost would be paid by each of the on a user percentage of the total The County would not be required to costs until County residents in into the System. 4. All equipment and right of ways would be jointly owned by the City and County. o o o , MINUTES OF REGULAR MEETING, MAY 4, 1981 (CONTINUED) ql 817 .---:~~--_. , , PROPOSAL FOR CONSTRUCTION OF , '~C:,Cq' I NORTHEAST INTERCEPTOR (CONTINUED) . ~ :.- -...... :' '~F=-'~~:~~-=-._. The following persons offered comments: Mr. Lee Johnston of the Right to Vote Association requested the matter be postponed. Mr. Jenkins Mr. Curtis Shocker Mr. Vie Sizemore Mr. James Coley Mr. Walter Yates Mr. William Funderburg Mr. Henry von Oesen Capt. Chimiak Comm. Gottovi MOVED, SECONDED by Chm. O'Shields, to accept the recommendations on the sheet regarding the Northeast Interceptor :' and remain Lead Agent but request the City to pay the amount of $565,000 as they had offered to do. Upon vote, the motion CARRIED AS FOLLOWS: Voting Aye: Voting Noe: Comm. Blake, Gottovi and Chm. O'Shields Comm. Armistead and Barfield SOLID WASTE, ADVISORY TASK FORCE REPORT Mr. Wallace Hughes, Chairman of the Solid Waste Advisory Task Force formally presented the report compiled by the Task Force and answered questions from the Board. The Commissioners commended the Task Force on the quality of the Report they had prepared. Comm. Gottovi MOVED, SECONDED by Comm. Armistead, to formally accept the Task Force Report and to move to implement the plan as recommended by going to the volume reduction by incineration method, the landfill by the lined landfill method and also the recycling recommendations be accepted and moved forward with as well as can be done. Upon vote, the motion carried UNANIMOUSLY. Ms. Dorothy Norris of the American Association of University of Women commented on a $750 grant that her organization had received from the National AAUW for a Public Education Campaign for Solid Waste Disposal. PUBLIC HEARING Notice had been given that a public hearing ,would be held by the Board of Commissioners of New Hanover County on Monday, May 4, 1981, at 7:00 p.m. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: PUBLIC HEARING TO CONSIDER REZONING PROPERTY (APPROXIMATELY 8.1ACRES) LOCATED ON THE NORTH SIDE OF OLEANDER DRIVE, APPROXIMATELY 750 FEET WEST OF WILLOW WOODS DRIVE FROM AN R-15 (RESIDENTIAL DISTRICT)TO A B-2 ( HIGHWAY BUSINESS) DISTRICT. Planning Director Dexter Hayes reported that the Planning Board had considered this rezoning at its meeting on April 2 and recommended approval with an additional 7 acres. Chm. O'Shields asked if there was anyone present to speak in favor of or in opposition to this request, and no one appeared. Upon MOTION by Comm. Gottovi, SECONDED by Comm. Blake, the rezoning was approved and the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area 9~B of New Hanover County, North Carolina, Adopted July 1, 1972" was UNANIMOUSLY adopted. A copy of the Ordinance as adopted ~nd signed is contained in Zoning Ordinance Book I, Section 9-B, Page 39. 818 MINUTES OF REGULAR MEETING, MAY 4, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT AMENDING 50-2, TABULATION OF PERMITTED USES, BY ADDING CHILDREN'S, DAY CARE SERVICE AS A SPECIAL USE IN THE I-I AND 1-2 (INDUSTRIAL) DISTRICTS. Planning Director Dexter Hayes'reported that this amendment had been initiated at the request of the County Commissioners and the Planning Board had considered the request at the meeting in April and recommended denial. The Planning Staff had also recommended denial. Chm. O'Shields asked if there was anyone present to speak in favor of or in opposition to this amendment and no one appeared. Upon following MOTION by Chm. O'Shields, SECONDED by Comm. Armistead, the amendment to the Zoning Ordinance was UNANIMOUSLY approved: o 1. Amend Section 50-2 Tabulation of Permitted Uses: A. Add Children's Day Care Service as a Special Use' in the I-I and 1-2 Industrial Districts. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY .9 ACRES) LOCATED ON THE WEST SIDE OF BLUE CLAY ROAD, APPROXIMATELY 450 FEET NORTH OF KERR AVENUE, FOR A CHILDREN'S DAY CARE FACILITY IN AN 1-2 (INDUSTRIAL) DISTRICT. Planning Director Dexter Hayes gave the background information on this case and reported that the Planning Board and Planning Staff recommended approval subject to the permit. Chm. O'Shields asked if the applicant was present to be sworn for testimony and no one appeared. Comm. Armistead MOVED, SECONDED by Comm. Gottovi, to continue this request to the meeting of May 18 and that the applicant be so informed. Upon vote, the motion carried UNANIMOUSLY. (THIS ACTION RESCINDED LATER IN THE MEETING WHEN THE APPLICANT ARRIVED.) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY .5 ACRES) LOCATED ON THE SOUTHEAST CORNER OF WRIGHTSVILLE AVENUE AND WALLACE AVENUES FOR A MULTI-FAMILY DEVELOPMENT (FRATERNITY) IN AN 0 & I (OFFICE AND INSTITUTIONAL) DISTRICT. Planning Director Dexter Hayes gave the background information and reported that the Planning Board had considered the request at its meet- ing in April and recommended approval. The Planning Staff also recommend- ed approval. o Chm. O'Shields asked if there was anyone present to speak in favor of this application and Mr. Frank Carter, Secretary of the Chi Phi Fraternity at UNC-W was duly sworn to testify and answer questions from the Commission- ers and Planning Director. Chm. O'Shields asked if there was anyone present to speak in opposition to this applicatio~ and no one appeared. Upon MOTION by Comm. Blake, SECONDED by Comm. Armistead, the following Order Granting the Special Use Permit was UNANIMOUSLY adopted: The County Commissioners for New Hanover County having held a public hearing on May 4, 1981 to consider application number S-166 4/81 submitted by J. Franklin Carter (Ira Lewis-owner), a request for a special use permit to use the property located at southeast corner of Wrightsville and Wallace Avenues for multi-family dwelling (fraternity) and having heard all the evidence and arguments presented at the hearing, makes the following, FINDINGS OF FACT and draws the following CONCLUSIONS: o 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72- of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans sub- mitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development). 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 follow- ing FINDINGS OF FACT: o I o o 819 MINUTES OF REGULAR MEETING, MAY 4, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLiCATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY' .5 ACRES) LOCATED ON THE SOUTHEAST CORNER OF WRIGHTSVILLE AVENUE AND WALLACE AVENUE' FOR A MULTI-FAMILY DEVELOPMENT (FRATERNITY) IN AN 0 & I (OFFICE AND INSTITUTIONAL) DISTRICT. (CONTINUED) septic tank. is located nearby. with connective egress 1. Parcel has on-site well and 2. A volunteer fire department 3. Adequate off-street parking able. 4. Structure will be inspected and necessary improvements will be made for protection of occupants. & ingress is avail- 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: 1. Both multi-family dwellings and fraternities are permitted uses in the o & I District. 2. Ten parking spaces are provided in compliance with Sections 80 & 81 of the Zoning Ordinance. 3. Structure is setback 55 feet from Wrightsville Avenue, 80 feet from Wallace Avenue, 37 feet from the side and 34 feet from the rear in accordance with Section 52-4 of the Zoning Ordinance. 4. Proposed sign meets requirements of Section 93 of the Zoning Ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necess~ty. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: 1. All debris will be removed from the site. 2. The structure will be renovated to meet local code standards. 3. Proposed use conforms to existing uses of neighboring properties. 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 harmo~y 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. Residential uses abut the property to the east, west and south. 2. Offices are located on the north side of Wrightsville Avenue. 3. Proposed use conforms to character of area. 4. County Growth Policies encourage a variety of housing types. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the 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. , Ordered this 4th day of May, 1981. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY .9 ACRES) LOCATED ON THE WEST SIDE OF BLUE CLAY ROAD, APPROXIMATELY 450 FEET NORTH OF KERR AVENUE, FOR A CHILDREN'S DAY CARE FACILITY IN AN 1-2 (INDUSTRIAL) DISTRICT (CONTINUED) Chm. o 'Shields' reported that the applicant for this special use permit had arrived and asked if the Board would co~sider her application at this time. Comm. Armistead MOVED, SECONDED by Comm. Gottovi, that the previous action be rescinded and that this item not be continued to May 18 and be considered right now. Upon vote, the motion carried UNANIMOUSLY. 820, MINUTES OF REGULAR MEETING, MAY 4, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY .9 ACRES) LOCATED ON THE WEST SIDE OF BLUE CLAY ROAD, APPROXIMATELY 450 FEET NORTH OF KERR AVENUE, FOR A CHILDREN'S DAY CARE FACILITY IN AN 1-2 (INDUSTRIAL) DISTRICT. (CONTINUED) Ms. Paz Bartolome, the applicant, was duly sworn to testify and answer questions from the Commissioners and Planning Director. Chm. O'Shields asked if there was anyone present to speak in opposition and no one appeared. Upon MOTION by Comm. Armistead, SECONDED by Comm. Barfield, the following Order Granting the Special Use Permit was UNANIMOUSLY adopted: o The County Commissioners for New Hanover County having held a public hearing on May 4, 1981 to consider application number S-165 4/81 submitted by Paz I. Bartolome, a request for a special use permit to use the property located at west side Blue Clay Road, approximately 450 feet north of Kerr Avenue for Children's Day Care Service, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72- of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development). 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: 1. Facility has been licensed by the State. 2. Existing industrial uses adjoining the property will not endanger children's health or safety. 3. Play area is fenced for protection'of children. o 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: 1. Children's Day Care Centers are a permitted use in the 1-2 district. 2. Structure is setback 370 feet from Blue Clay Road and 145 feet from adjoining residential district in accordance with Section 57-4 of the Zoning Ordinance. 3. Twelve (12) parking spaces are provided in accordance with Sections 80 and 81 of the Zoning Ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: 1. Pre-existing day care facility has not hindered adjoining industrial development. 2. Proposed addition will improve the operation of the facility. 3. Residential properties adjoin the site to the rear. o 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: 1. The day care center is in close proximity to a residential school. 2. Site is located near several large employers. o o 10 '-I,-t'."' 821 MINUTES OF REGULAR MEETING, MAY 4, 1981 !(CONTINUED) I PUHLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY .9 ACRES) LOCATED ON THE WEST SIDE OF BLUE CLAY ROAD, APPROXIMATELY 450 FEET NORTH OF KERR AVENUE, FOR A CHILDREN'S DAY CARE FACILITY IN AN I 2 (INDUSTRIAL) DISTRICT. (CONTINUED) 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requ- irements 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: Compliance with all applicable Federal, State and Local codes. Ordered this 4th day of May, 1981. BREAK Chm. O'Shields recessed the meeting for a,break from 8:11 o'clock p.m. until 8:35 o'clock p.m. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 15.4 ACRES) LOCATED ON THE EAST SIDE OF MYRTLE GROVE LOOP ROAD, APPROXIMATELY 200 FEET SOUTH OF MASONBORO LOOP ROAD, FOR A TOWNHOUSE/MULTI-FAMILY DEVELOPMENT IN AN R-15 (RESIDENTIAL) DISTRICT. Chm. O'Shields explained the procedure that would be followed in handling the testimony of the people who were present to speak in opposition to this application for Special Use Permit and also the other Special Use Permit for multi-family development... ( -' ~ Planning Director Dexter Hayes gave the background information on this case and reported that the Planning Board had considered the application at its meeting in April and recommended approval. The Planning Staff had also recommended approval. Chm. O'Shields asked if there was anyone present to speak in favor of this application and the following persons were duly sworn to testify in favor of the Special Use Permit: Mr. David Barefoot, Attorney for the developers, Tangle Oaks Corp. Mr. Warren Hughes, Architect with Haywood Newkirk Architectural Firm Mr. John Benson, Registered Land Surveyor Mr. Doug Echols, President of Tangle Oaks Corporation Mr. Barefoot presented a plat of the proposed development and requested that it be marked as Applicant's Exhibit "A". Mr. Benson was called to testify and answered questions presented to him by the following persons: Attorney Barefoot Mr. M. H. Vaughan Mr. Peter Smith Mr. Claud McAllister Mr. H. G. Grohman Mr. Martin Willard Mr. Wolfgang Stier Mr. Echols was called to testify and answered questions presented to him by the following persons: Attorney Barefoot Mr. W. Stier Mr. Martin Willard Mr. Tom Schmidt Rev. John James Ormond Attorney Barefoot introduced the following petitioner's exhibits into the record: . 822 MINUTES OF REGULAR MEETING, MAY 4, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 15.4 ACRES) LOCATED ON 'THE EAST SIDE OF MYRTLE GROVE LOOP ROAD, APPROXIMATELY 200 FEET SOUTH OF MASONBORO LOOP ROAD, FOR A TOWNHOUSE/MULTI-FAMILY DEVELOPMENT IN AN R-15 (RESIDENTIAL) DISTRICT. (CONTINUED) "B" - Notification to Heinbockel heirs who owned property to the South. - February 9, 1981 Notification to the Allard's who owned property to the North. - February 9, 1981 Letter to Department of Natural Resources and Community Development requesting permit to authorize work described in application. - February 9, 1981 Letter to U. S. Army Corps of Engineers request- ing permit be issued to authorize work described in plan. "c" - Letter from N. C. Department of Natural Resources and Community Development acknowledging receipt of application. "D" - Letter from N. C. Department of' Natural Resources and Community Development stating that notification has been placed in the Star-News Newspaper. "E" - Letter from N. C. Department of Natural Resources and Community Development referring to boat basin enlargement. "F" - Letter from N. C. Department of Natural Resources and Community Development concerning application for 401 Certification. "G" - Application for permit to excavate and/or fill and water quality certification. o Attorney Joe Taylor requested that the record show that the letters under Mr. Echols signature and any signature of any party testifying in the hearing or any"of their agents thereto are received in evidence as corro- borating their testimony. Any other letters received by Mr. Echols, or any of the other witnesses testifying, from a party or from a department of any other origin are received solely for the purpose of corroborating the testimony that the letter was received, and any statements therein cannot be considered by the Board. Attorney Barefoot presented the preliminary drawings for the Tangle Oaks Townhouses and asked that it be marked as Petitioner's Exhibit "H". He then called Mr., Warren Hughes, Architect, to testify and Mr. Hughes answered questions from the following persons: o Attorney Barefoot Mr. Claude McAllister Mr. James Courier Mr. John Benson commented further. Chm. O'Shields asked if there was anyone present to speak in opposition to this Special Use Permit Application and the following persons were duly sworn to testify in opposition: Mr. M. H. Vaughan Mr. Hillary A. Faw Mr. Peter C. Smith Mr. W. S. Scott Rev. John Ormond Attorney George Rountree III commented. Mr. Peter Smith testified against the Special Use Permit and answered questions from Attorney Barefoot. Mr. Will Scott testified against the Special Use Permit and answered questions from Attorney Barefoot. o Rev. John Ormond testified against the Special Use Permit and answered questions from Attorney Barefoot. Mr. W. Stier was duly sworn and testified against the Special Use Permit. Mr. M. H. Vaughan testified against the Special Use Permit. o o o i ~\,.,~,.... ~ ." " . -,.., . 823 MINUTES OF REGULAR MEETING, MAY 4, 1981 (CONTINUED) I PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 15'.4 ACRES) ,LOCATED, ON THE EAST SIDE OF MYRTLE GROVE LOOP ROAD, APPROXIMATELY 200 FEET SOUTH' OF MASONBORO 'LOOP ROAD, FOR A TOWNHOUSE/MULTI-FAMILY DEVELOPMENT'IN AN R-15 (RESIDENTIAL) DISTRICT. (CONTINUED) The following additional persons were duly sworn and testified in opposition to the issuance of this Special Use Permit: Mr. James W. Currier Mr. Edwin E. Spencer Mrs. Joy A. Metts Mr. William A. Hurst Mr. Scott McKinnon Mr. Harris Newber Mrs. L. G. Calhoun Mrs. Martin Willard Mr. C. R. Malott Mr. Emerson Willard Mrs. Emerson Willard Mr. J. 1. Metts Mrs. Clara Fales Mrs. Sandra A. Harkin Mr. Roy, Harkin Mrs. Betty Cappo Mrs. Betsy C. Ormand Dr. John W. Ormand, Jr. Mr. Claude H. McAllister Mr. Martin S. Willard Mr. Doky Saffo, one of the developers was duly sworn and testified to questions presented to him by the following persons: Mr. M. H. Vaughan Attorney Barefoot Attorney Barefoot gave his closing statements. Chm. O'Shields MOVED, SECONDED by Comm. Armistead, to approve the Special Use Permit and requested that the record show that the Board had not considered hearsay evidence as to adjoining property owners' lack of objections to the project in making its findings or hearsay evidence of any approvals of the project obtained by the developers in making its findings or any other hearsay or non-admissable testimony or exhibits in making its findings. Upon vote, the following Order Granting the Special Use Permit was UNANIMOUSLY adopted: The County Commissioners for New Hanover County having held a public hearing on May 4, 1981 to consider application number S-167 4/81 submitted by Tangle Oaks Corporation, a request for a special use permit to use the property locat~d at east side of Myrtle Grove Loop Road, approximately 200 feet south'of Masonboro Loop Road for a multi-family development, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set' forth in Section 72-5 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development). 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 conclusioti, the Commissioners make the follow- ing FINDINGS OF FACT: 1. A community water system ,.ill serve ,the development. 2. A tertiary wastewater treatment and disposal system has been tentatively approved by the State. 824 MINUTES OF REGULAR MEETING, MAY 4, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 15.4 ACRES) LOCATED ON THE EAST SIDE OF MYRTLE GROVE LOOP ROAD, APPROXIMATELY '200 'FEET SOUTH OF--MASONBORO LOOP ROAD, FOR A TOWNHOUSE/MULTI-FAMILY DEVELOPMENT IN AN R-15 (RESIDENTIAL) DISTRICT. (CONTINUED) 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: 1. Multi-family developments and community boating facilities are permitted uses in the R-15 district. 2. Overall density of approximately 5.2 units/acre and all setbacks are in compliance with applicable Sections of the Zoning Ordinance. 3. Two parking spaces per unit are provided in accordance with Section 80 and 81 of the Zoning Ordinance. o 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: 1. Proposed 'improvements will enhance the value of the property. 2. Proposed residential development conforms to existing use of surrounding properties. 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: o 1. The proposed townhouses and marina facility adjoin the Intracoastal Waterway. 2. The project is part of a proposed single family subdivision which will provide a mixture of attached and detached housing. 3. This area is designated as residential on the future Land Use Map. 4. County Growth Policies encourage a variety of housing types. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific require- ments 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. Compliance with all applicable State, Federal and Local regulations. o Ordered this 4th day of May, 1981, BREAK Chm. O'Shields recessed the meeting for a break from 11:11 o'clock p.m. until 11:19 o'clock p.m. o o o 825 MINUTES OF REGULAR MEETING, MAY 4, 1981 (CONTINUED) , PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 26 ACRES) LOCATED ON THE WEST SIDE OF MASONBORO LOOP ROAD, APPROXIMATELY 1000 FEET NORTH OF MASONBORO SOUND ROAD, FOR A TOWNHOUSE/MULTI-FAMILY DEVELOPMENT IN AN R 15 (RESIDENTIAL) DISTRICT. Planning Director Dexter Hayes gave the background information on this case and reported that the Planning Board had considered this application at its meeting in April and recommended approval. The Planning Staff also recommended approval. Chm. O'Shields asked if there was anyone present to speak in favor of this request and Mr. George Rountree III, Attorney for the Applicant, appeared to request approval. He submitted a site plan of the development and requested that it be marked as Applicant's Exhibit "An. Mr. Robert Sawyer, one of the developers, was duly sworn and testified to the accuracy of information presented by his attorney and answered questions from the following persons: Mr: M. H. :Vaughan Mr. Scott McKinnon Mr. Ed. Spencer Rev. John'James Ormond Mr. Bill Hurst and the Chm. O'Shields asked if there was anyone present to speak in opposition the following persons were duly sworn to testify to their opposition to issuance of the Special Use Permit: Mr. Edwin E. Spencer Mr. William A. Hurst Mr. Scott McKinnon Mrs. L. 'G. Calhoun Mrs. Martin Willard Mr. C. R. Malott Mr. Emerson Willard Mrs. Emerson Willard Mrs. Clara Fales Mrs. Sandra A. Harkin Mr. Roy E. Harkin Mrs. Betsy C. Ormand Dr. 'John W. Ormand, Jr. Mr. Claude H. McAllister Mr. Martin G. Willard Mr. Hillary Faw Rev. John James Ormond Mr. Ed Samuels Mr. M. H. Vaughan The following persons offered testimony in opposition to the Special Use Permit: Mr. Scott McKinnon Rev. John James Ormond Mr. Edwin Spencer Mr. Ed Samuel,s Mrs. Sandra Harkin Mr. Hillary Faw Mr. M. H. Vaughan Dr. John Ormand Chm. O'Shields MOVED, SECONDED by Comm. Blake, to approve the Special Use Permit and requested that the record show that the Board had not considered hearsay evidence as to adjoining property owners or any other thing in hearing 'this request and the findings were not based on any hearsay evidence or non- admissable testimony ,or exhibits in making the findings. Upon vote, the following Order Granting a Special Use Permit was UNANIMOUSLY adopted with the condition that within 180 days of the completion of the Northeast Interceptor, the development would be tied in with it; The County Commissioners for New Hanover County having held a public hearing on May 4, 1981 to consider application number S-168 4/81 submitted by Robert W. Sawyer, a request for a special use permit to use the property located at west side of Masonboro Loop Road, approximately 1000 feet north of Masonboro Sound Road for a Multi-family development, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and 826 MINUTES OF REGULAR MEETING, MAY 4, 1981 (CONTINUED)' PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 26 ACRES) LOCATED ON THE WEST SIDE OF MASONBORO LOOP ROAD, APPROXIMATELY 1000 FEET NORTH OF MASONBORO SOUND ROAD, FOR A TOWNHOUSE/MULTI-FAMILY DEVELOPMENT IN AN R-15 (RESIDENTIAL) DISTRICT. ' (CONTINUED) draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-5 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development). 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 follow- ing FINDINGS OF FACT: o 1. Water supply and sewage treatment facilities will be approved by the State. 2. Traffic generated by the development will not exceed the capacity of Masonboro Loop 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: 1. Multi-family developments are a permitted use in the R-15 district. 2. Overall density is 6 units/acre in compliance with Section 73 .of the Zoning Ordinance. 3. 396 parking spaces are provided in accordance with Sections 80 and 81 of the Zoning Ordinance. 4. All units will be located above the high water line. o 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will,not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: 1. Proposed improvements will increase value of surrounding property. 2. Most of surrounding area is presently undeveloped. 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: 1. Property abuts Hewletts Creek to the north. 2. A recreation facility is proposed for adjacent property to the south. 3. A substantial amount of open space will be maintained in its natural state. 4. Structures will be energy conservative, and solar oriented; County Growth Policies encourage developers to use renewable energy sources. 5. County Growth Policies encourage a variety of housing types. 6. Therefore, because the County Commissioners conclude that all of the 0 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) 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 the 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. Compliance with all applicable State, Federal and Local regulations. 2. Must connect to sewer interceptor within 180 days after completion of pipeline. Ordered this 5th day of May, 1981. o o o ..," "....4.,;. ~ . ',I ',^ :.~. ; .',. . >: \' MINUTES OF REGULAR MEETING, MAY 4, 1981 (CONTINUED) 827 l PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 9.3 ACRES) LOCATED ON THE WEST SIDE OF MASONBORO LOOP ROAD, APPROXIMATELY 600 FEET NORTH OF MASONBORO SOUND ROAD, FOR A MEMBERSHIP SPORTS AND RECREATION CLUB IN AN R-15 (RESIDENTIAL) DISTRICT. Mr. Bob Sawyer, one of the developers, was duly sworn to present his request for approval of this Special Use,Permit. Planning Director Dexter Hayes gave the background information on this case and reported that the Planning Board had considered this application at its meeting in April and recommended approval. Mr. Sawyer answered questions presented to him by his attorney, George Rountree III, the Commissioners and the Planning Director. Chm. O'Shields asked if there was anyone present to speak in opposition to this application, and no one appeared in opposition. Attorney Rountree presented the proposed site plan and requested that it be marked as Applicant's Exhibit "A". Comm. Gottovi requested that she be allowed to abstain from voting on this Special Use Permit as she and her husband had an interest in the proj ect. Comm. Armistead MOVED, SECONDED by Comm. Blake, that Mrs. Gottovi be excused from voting on this project and not enter into the discussion. Upon vote, the motion carried UNANIMOUSLY. Comm. Armistead MOVED, SECONDED by Comm. Blake, to approve the Special Use Permit. Upon vote, the following Order Granting the Special Use Permit with the condition that within 180 days of the completion of the Northeast Interceptor, the development be tied in with it was adopted AS FOLLOWS: Voting Aye: ,Abstaining: Comm. Armistead, Barfield, Blake and Chm. O'Shields Comm. Gottovi The County Commissioners for New Hanover County having held a public hearing on May 4, 1981 to consider application number S-169 4/81 submitted by Robert W. Sawyer, a request for a special use permit to use the property located at west side Masonboro Loop Road, approximately 600 feet north of Masonboro Sound Road for a Membership Sports/Recreation Club, and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-12 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans sub- mitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development). 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: 1. Project will be served by a community water system. 2. Project will be served by a private sewage treatment facility. 3. A volunteer fire service exists near the site. 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: 1. Membership sports and recreation clubs are a permitted use in the R-15 district. 2. 171 parking spaces are provided in accordance with Sections 80 and 81 of the Zoning Ordinance. 828 MINUTES OF REGUlAR MEETING, MAY 4, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 9.3 ACRES) LOCATED ON THE WEST SIDE OF MASONBORO LOOP ROAD, APPROXIMATELY 600 FEET NORTH OF MASONBORO SOUND ROAD, FOR A MEMBERSHIP SPORTS AND RECREATION CLUB IN AN R-15 (RESIDENTIAL) DISTRICT. (CONTINUED) 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this con- clusion the Commissioners make the following FINDINGS OF FACT: 1. Limited use of the facility will enhance the value of surrounding properties. 2. Proposed development provides an attraction to additional subdivision activity. o 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 the New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. Substantial amounts of open space will be set aside in the development. 2. A townhouse/multi-family project is planned for adjoining parcel to the north. 3. County Growth Policies encourage the development of recreation facilities to enable residents to make constructive use of their leisure time. 6. Therefore, because the County'Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant'shall fully comply with all of the specific require- ments stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. o 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. Compliance with all applicable Federal, State, and Local regulations. 2. Must connect to sewer interceptor within 180 days after completion of pipeline. Ordered this 5th day of May, 1981. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY .26 ACRES) LOCATED ON THE SOUTH SIDE OF SOUTHGATE ROAD, APPROXIMATELY 400 FEET WEST OF HIGHWAY 421, FOR A CHILDREN'S DAY CARE FACILITY IN AN R-10 (RESIDENTIAL) DISTRICT. Mr. Frank Reavis, the petitioner, was duly sworn to testify in favor of his application for a Special Use Permit. Planning Director Dexter Hayes gave the background information on this case and reported that the Planning Board had considered it at its meeting in April and recommended approval. The Planning Staff also recommended approval. o Mr. Reavis answered questions from the Commissioners and Planning Director. Chm. O'Shields asked if there was anyone present to speak in opposition and no one appeared. Upon MOTION by Comm. Armistead, SECONDED by Comm. Blake, the following Order Granting the Special Use Permit was UNANIMOUSLY adopted: o o o .., ...~ 1"' 829 MINUTES OF REGULAR MEETING, MAY 4, 1981 9',(CONTlNUED) I PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY .26 ACRES) LOCATED ON THE SOUTH SIDE OF SOUTHGATE ROAD, APPROXIMATELY 400 FEET WEST OF HIGHWAY 421, FOR A CHILDREN'S DAY CARE FACILITY IN AN R-I0 (RESIDENTIAL) DISTRICT. (CONTINUED) The County Commissioners for New Hanover County having held a public hearing on May 4, 1981 to consider application number S-170 4/81 submitted by Frank and Grace Reavis, a request for a special use permit to use the property located at south side Southgate Road, approximately 400 feet west of highway 421 for a Children's Day Care Service, and having'heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-20 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development). 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: 1. Play area will be fenced for safety of children. 2. Facility will be licensed by the State. 3. County Inspections Department and the State Licensing Board have given preliminary approval of the facility. 3. It is the County Commissioners' CONCLUSION that the proposed use I does satisfy the second generaly requirement listed in the Ordinance; namely I that the use meets all required conditions and specifications. In support of ~ this conclusion, the Commissioners make the following FINDINGS OF FACT: ' 1. The proposed facility is a permitted use in the R-10 district. 2. Four parking spaces are provided in accordance with Sections 80 and 81 of the Zoning Ordinance. 3. Structure is setback 37 feet from Southgate Road, has side yards of 12 feet each and a rear yard of 60 feet in compliance with Section 53-4 of the Zoning Ordinance. 4. It is the County Commissioners' CONCLUSION'., that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. Proposed improvements will increase the value of the property. 2. Residential, properties adjoin the site on three sides. 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: 1. Property is located within a residential subdivision. 2. Proposed facility provides a needed service. 3. Proposal conforms to the character of the area. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the 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: Compliance with all applicable Federal, State and Local codes. Ordered this 5th day .of May, 1981. 830 MINUTES OF REGULAR MEETING, MAY 4, 1981 (CONTINUED) PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT AMENDING SECTION 71, SPECIAL USE PROVISIONS, BY ADDING SPECIFIC GUIDELINES WHEREBY THE SUPERINTENDENT OF INSPECTIONS CAN APPROVE MINOR SITE PLAN REVISIONS UPON FAVORABLE RECOMMENDATION BY THE PLANNING DIRECTOR. Planning Director Dexter Hayes reported that this was a staff initiated amendment in order to prevent minor amendments to Special Use Permits to require another hearing before the County Commissioners. Upon MOTION by Comm. Armistead, SECONDED by Comm. Blake, the following Zoning Ordinance Amendment to Section 71, Special Use Provisions, was UNANIMOUSLY adopted with the condition that the Commissioners would be in- formed of any modifications to Special Use Permits: Amend Section 71, Special Use Provisions, Subsection 71-1 (10) to read: o The original applicant (s), their successors or their assigneernay make minor changes in the location and/or size of structure provided the necessity for these changes is clearly demonstrated. Minor changes shall be reviewed by the Planning Department and upon favorable recommendation by the Planning Director may be approved by the Superintendent of Inspections. Such approval shall not be granted should the proposed revisions cause or contribute to: a) A change in the character of the development. b) A change of design for, or an increase in the hazards to pedestrian and vehicle traffic circulation, or c) A reduction in the originally approved setbacks from roads and/or property lines. PUBLIC HEARING - REVENUE SHARING Notice had been given that the New Hanover County Commissioners would conduct a Public Hearing on Monday, May 4, 1981, at 7:00 PM in the County Commissioners Assembly Room, 320 Chestnut Street, Wilmington, North Carolina, to hear from any citizens concerning proposed use of General Revenue Sharing funds as amended for the fiscal year July 1, 1980, through June 30, 1981. Chm. O'Shields declared the Revenue Sharing Public Hearing open at 1:15 o'clock a.m. on May 5, 1981. o The following persons appeared to request the funds be used in the construction of a new judicial building: Mrs. Louise Rehder, Clerk of Superior Court Sheriff T. A. Radewicz Mr. William S. Funderburg appeared to request that the Commissioners consider using a portion of these funds to go toward the construction of the Countywide water and sewer system. Chm. O'Shields declared the Revenue Sharing Public Hearing closed at .1:37 o'clock a.m. OFFENDER AID AND RESTORATION FUNDING Mr. Woody Fullwood, Chairman of the OAR Board of Directors, Sheriff T. A. Radewicz and Mr. H. G. Grohman, OAR Board members, and Mr. Jerry Powell, Director of the Neighborhood Justice Program, appeared before the Board to request funding in the amount of $9,500 to extend the Neighborhood Justice Program for three months beginning June 1, 1981. In September, 1980, the County had appropriated matching funds in the amount of $9,500 for an LEAA grant to operate the NJP. These funds were returned to the County when funds were received from the Z. Smith Reynolds Foundation for that purpose. Comm. Barfield MOVED, SECONDED by Comm. Gottovi, that the grant be approved as requested. Upon vote, the motion carried UNANIMOUSLY. o POSTPONEMENT OF DISCUSSION ON CABLE TV Upon MOTION by Comm. Armistead, SECONDED by Comm. Blake, the discussion on a proposed Ordinance Establishing the Conditions for Awarding Non- Exclusive Franchise for Community Antenna Television Systems was postponed until the meeting of May 18 by UNANIMOUS vote. o o o 831 MINUTES OF REGULAR MEETING, MAY 4, 1981 (CONTINUED) SOIL STEWARDSHIP WEEK PROCLAMATION Upon MOTION by Chm. O'Shields, SECONDED by Comm. Armistead, a Proclamation proclaiming the week of May 24 - 31 as S6il Stewardship Week in New Hanover County was UNANIMOUSLY approved. ADDITIONAL ITEMS LETTER TO FAA OPPOSING ANTENNA TOWER Comm. Armistead commented on the proposal by Channel 3 Television to build a 1,999 foot antenna tower and stated that the proposed location of the tower would possibly be a hazard to navigation. Comm. Armistead MOVED, SECONDED by Comm. Blake, that the Commissioners go on record as opposing the antenna in the location as proposed. Upon vote, the motion carried UNANIMOUSLY. REQUEST FOR STATUS OF LEGISLATION ON PRECIOUS METALS DEALERS Comm. Blake commented on the legislation that was being considered concerning the regulation of deaters in pre~ious metals. It was decided to discuss this w~th the Leg~slators at the briefing in Raleigh. DISCUSSION ON REQUEST FOR BURNING ORDINANCE Comm. Gottovi requested information on the possibility of the County's enacting an Ordinance to control open burning. Attorney Taylor reported on how this could be accomplished and stated that he would forward information to the Commissioners for the May 18 agenda. DISCUSSION ON SIGN ORDINANCE Comm. Gottovi commented on a sign that was erected the prior week and requested that it be checked into since the moratorium was still in effect. Attorney Taylor commented on the sign ordinance. REQUEST FOR HOSPITAL TO PAY BONDED INDEBTEDNESS Comm. Gottovi commented and MOVED, SECONDED by Comm. Armistead, that the County investigate the possibility of New Hanover Memorial Hospital's paying their bonded indebtedness this year out of hospital funds. Upon vote, the motion carried UNANIMOUSLY. REQUEST FOR SUPPORT OF GOVERNOR"S HIGHWAY PROGRAM Chm. O'Shields MOVED, SECONDED_by Comm. Gottovi, that the Board draft a letter'supporting the Governor's program for ,funding roads arid main- tenance improvements. It was agreed to put this on the agenda on May 18 for discussion. CANCELLING OF MEETING TO DISCUSS HUMAN RELATIONS ENABLING LEGISLATION Chm. O'Shields commented on the Human Relations Enabling Legislation and requested direction from the Board on cancelling the Special Meeting that was planned for May 13 to discuss this matter. ,Comm. Gottovi MOVED to authorize the Chai'rman and Assistant County Manager to make the determination on whether or not the Special Meeting was necessary. It was agreed to hold up on the meeting on the 13th until more information was available. AUTHORIZATION TO NEGOTIATE CONTRACTS FOR NORTHEAST INTERCEPTOR Comm. Gottovi MOVED, SECONDED by Chm. O'Shields, to authorize the County Manager and legal staff to be drawing up the intergovernmental agreements between the County, the City of Wilmington and the Town of Wrightsville Beach concerning the Northeast Interceptor, and also authorization to write the State and advise them that the funds would be budgeted for next year so the Federal and State funds would not be lost. Upon vote, the motion CARRIED AS FOLLOWS: Voting Aye: Voting Noe: Comm. Barfield, Blake, Gottovi and Chm. O'Shields Comm. Armistead 832 MINUTES OF REGULAR MEETING, MAY 4, 1981 (CONTINUED) ADDITIONAL ITEMS (CONTINUED) LIBRARY DEDICATION CEREMONY Assistant County Manager Gary Cannon advised the Commissioners that the dedication ceremony for the new Library would be held on May 14, 1981, at 10:00 or 11:00 a.m. Comm. Gottovi MOVED, SECONDED by Comm. Blake, that up to $300 be riated for invitations and programs for the Library Dedication. vote, the motion carried UNANIMOUSLY. approp- Upon EXECUTIVE SESSION Comm. Blake MOVED, SECONDED by Chm. O'Shields, to Executive Session to discuss land acquisition. carried UNANIMOUSLY. to recess the meeting Upon vote, the motion o Chm. O'Shields recessed the meeting to Executive Session at 2:22 o'clock a.m., May 5, 1981. Chm. O'Shields reconvened the meeting to Public Session at 2:59 o'clock a.m., May 5, 1981. ADJOURNMENT Comm. Armistead MOVED that the meeting be adjourned. Chm. O'Shields adjourned the meeting at 3:00 o'clock a.m. on May 5, 1981. Respectfully submitted, ~4.A~ Alyce B. Rusmisell Clerk to the Board MINUTES OF SPECIAL MEETING, MAY 13, 1981 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Wednesday, May 13, 1981, at 9:00 o'clock a.m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. o Members present were Commissioners Howard L. Armistead, Jr.; Jonathan Barfield; Donald P. Blake; Karen E. Gottovi; Chairman Claud O'Shields, Jr.; Assistant County Manager Gary Cannon; Attorney Joseph O. Taylor, Jr. of the County Attorney's Office; and Clerk to the Board Alyce B. Rusmisell. Chm. O'Shields called the meeting to order and stated that the meeting had been called to discuss and take action on a preliminary condemnation resolution for land located on the east side of Hwy. 421 North, adjacent to Fishing Creek to be used for a Sanitary Landfill and also to discuss and take action on the engineering contract for design of said Sanitary Landfill. EXECUTIVE SESSION - LAND ACQUISITION Comm. Barfield MOVED, SECONDED by Comm. Gottovi, that the meeting be recessed to Executive Session to discuss land acquisition with Mr. Steve Royal, Tax Administrator LarryPowell and Director of Engineering, Ed Hilton. Upon vote, the motion carried UNANIMOUSLY. Chm. O'Shields recessed the meeting to Executive Session at 9:07 o'clock a.m. Chm. O'Shields reconvened the meeting to Public Session at 10:30 o'clock a.ID. CONTRACT FOR DESIGN OF SANITARY LANDFILL Comm. Armistead MOVED, SECONDED by Comm. BLake, to authorize the Chair- man to execute the contract with Post, Buckley, Schuh and Jernigan for design of the sanitary landfill upon receipt of the contract and upon review and approval by the Director of Engineering, the County Manager, and the County Attorney to be sure that everything that was in the bid specifications was in the document and anything else they felt to be necessary and pertinent to the design of the landfill was in the contract. Upon vote, the motion carried UNANIMOUSLY. ' ADJOURNMENT Comm. Armistead MOVED, SECONDED by Comm. Barfield, that the meeting be adjourned. Upon vote, the motion carried UNANIMOUSLY. Chm. O'Shields adjourned the meeting at 10:32 o'clock a.m. R~;~f~llY sub~tted, . ,. '.6.k~ , Alyce B. Rusmisell, Clerk to the Board o