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HomeMy WebLinkAbout1980-11-03 Regular Meeting o o o ...,........,.'J'.".';, '\.." 689 MINUTES OF REGULAR MEETING, OCTOBER 20, 1980 (CONTINUED) ,i ADDITIONAL ITEMS - COUNTY COMMISSIONERS': AND COUNTY MANAGER, (CONTINUED) , DISCUSSION ON RESOURCE RECOVERY WORKSHOP IN PROVIDENCE, RHODE ISLAND Comm. Gottovi inquired about the Resource Recovery Workshop to be held in December in Providence, Rhode Island, and the County Manager advised that he had attended a similar workshop in the past and, felt that it was very informative and asked that he be authorized to make tentative reservations and get information'on registration for as many Commissioners as possible to attend. DISCUSSION ON STRUCTURE AND COMPOSITION OF PLANNING BOARD Comm. Gottovi commented on her concerns about the composition and structure of the Planning Board and felt they should be addressed before the remaining appointments to the Planning Board were filled. The other Commissioners and County Attorney also commented on their concerns relating to the Planning Board. DISCUSSION ON ANOTHER PUBLIC HEARING ON SPECIAL USE PERMIT FOR LANDFILL The County Manager reported that the County Attorney felt that another public hearing should be held on the Special Use Permit for the Landfill. County Attorney Fox commented. EXECUTIVE SESSION Comm. Gottovi MOVED, SECONDED by Comm. to Executive Session to discuss litigation. follows: O'Shields, that the meeting be recessed Upon vote, the motion carried as Voting Aye: Absent: Comm. Armistead, Gottovi, O'Shields and Chm. Williams Comm. Morgan Chm. Williams recessed the meeting to Executive Session at 12:29 o'clock plm. Chm. Williams reconvened the meeting to Public Session at 1:10 o'clock p.m2 AUTHORIZATION FOR COUNTY MANAGER TO REPLY TO LEGAL SERVICES LETTER RE: FLEMINGTON WATER SYSTEM Comm. Gottovi MOVED, SECONDED by Comm. O'Shields, to instruct Mr. Cooper to reply to Mr. Gillespie's letter as the Board had determined that morning. Upon vote, the motion carried as follows: Voting Ay~: Absent: Comm. Armistead, Gottovi, O'Shields and Chm. Williams Comm. 'Morgan ADJOURNMENT Comm. O'Shields MOVED, SECONDED by Chm. Williams, that the meeting be adjourned. Upon vote, the motion carried as follows: Voting Aye: Absent: Comm. Armistead, Gottovi, O'Shields and Chm. Williams Comm. Morgan ChID. Williams adjourned the meeting at 1:11 o'clock p.m. Respectfully submitted, ~J6,AJ~ Alyce B. Rusmisell Clerk to the Board MINUTES OF REGULAR MEETING, NOVEMBER 3, 1980 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, November 3, 1980, at 7:00 o'clock p.m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North! Carolina. ' I I Members present were Commissioners Howard L. Armistead, Jr.; Karen E. Gottovi; , Janet S. Morgan; Claud O'Shields, Jr.; Chairman Ellen C. Williams; County Manager George F. Cooper; ,County Attorney James C.IFOX; and Clerk ,to the Board, Alyce B. Rusmisell. No members were absent. ' Chm. Williams called the meeting to order. Rev. Robert Jernigan of Immanuel Baptist Church offered the'invocation: 690 MINUTES OF REGULAR MEETING, NOVEMBER 3, 1980 (CONTINUED) APPROVAL OF Mlh~TES OF REGULAR MEETING OF OCTOBER 20, 1980 Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the Minutes 'of the Regular Meeting of October 20, 1980, were unanimously approved as amended py the Clerk. APPROVAL OF CONSENT AGENDA The Clerk reported that Item 112 "Budget Amendment - Health Department" needed to be deleted from the Consent Agenda as it had been approved ,at the 'meeting on October 20. Upon MOTION by Comm. O'Shields, SECONDED by Comm. Armistead, the following Consent Agenda items were unanimously approved: BUDGET AMENDMENT - MUSEUM 0 The following amendment in the Museum budget to allow burners on the boiler to be converted from oil to natural gas was approved by the County Manager and reported to the Board: Debit - Acct. #11 625 02, Salaries & Wages Credit - Acct. #11 625 16, Maintenance & Repair - Equipm~nt $2,100. $2,100. BUDGET AMENDMENT - HOSPITAL EXPANSION The following amendment in the Hospital Expansion project to disburse payment to the Hospital for interest earned on Certificates of Deposit held in the Contingency Account: Debit - Acct; 1178 329 00, Interest on Investments Credit - Acct. #78 575 91, Payment to Hospital $9,984.72 $9,984.72 BUDGET AMENDMENT - PUBLIC SCHOOLS The following amendment in the Public Schools budget for the, purchase of a Burroughs L-9000 payroll computer as recommended by the Board of Education: Debit - Acct. #11 664 99, Public Schools Current Expense Credit - Acct. #11 664 98, Public Schools Capital Outlay $10,000. $10,000. PRESENTATION OF AUDIT REPORT Mr. Lee Yleddle, and Mr. Mike Clewis, of Lowrimore, Warwick & Company,. and Mr. Andrew Atkinson, County Finance Officer, appeared before the Board .to formally present the Audit Report for Fiscal Year 1979/80. They explained the report and answered questions from the Commissioners. o Upon MOTION by Comm. O'Shields, SECONDED by Comm. Armistead, the Audit Report for Fiscal Year 1979/80 was unanimously accepted as presented. PUBLIC HEARING Notice had been given that a Public Hearing would be held by the Board of Com- missioners of New Hanover County on Monday, November 3, 1980, at 7:00,o'clock 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 A REQUEST TO REZONE PROPERTY (APPROXIMATELY 12.45 ACRES) LOCATED SOUTHWEST OF THE INTERSECTION OF SR 1322 (N. KERR AVE.) AND N. C. HIGHWAY 132 FROM AN A-R (AIRPORT RESIDENTIAL) DISTRICT TO A B-2 (HIGHWAY BUSINESS) DISTRICT. Planning Director Dexter Hayes presented the case and reported that the Planning Board had considered this request at its meeting on October 7 and recommended approval. Chm. Williams asked if there was anyone present to speak in favor of this request, and Mr. Harry E. Oakes, appeared to request approval. ChID. Williams asked if there was anyone present to speak in opposition, and the following persons commented: Mr. M. H. Vaughan Mr. John Maye Mr. Gus Moore o Comm. O'Shields MOVED, SECONDED by Comm. Armistead, to approve the rezoning and adopt the'Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zontng Map of Zoning Area 8-B of New Hanover County, North Carolina, Adopted July 7,1972". Mr. Chuck Paul, the developer, commented. Upon vote Comm. O'Shields motion carried unanimously. Mr. William S. Funderburg commented.. A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 8-B, Page 17. ----- o o o MINUTES OF REGULAR MEETING, NOVEMBER 3, 1980, (CONTINUED) 691 PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY (APPROXIMATELY 2.6 ACRES) , LOCATED ON THE EAST SIDE OF AVERY DRIVE. APPROXIMATELY 400 FEET EAST OF BRADLEY DRIVE TERMINUS FROM AN R.;.15 (RESIDENTIAL) DISTRICT TO AN R-10 (RESIDENTIAL) DISTRICT. Upon MOTION by Comm. Armistead, SECONDED by Comm. Morgan, the public hearing for this rezoning reques~ ~as unanimously continued to the first meeting in December' as requested by the pet1t10ner. PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE PROPERTY (APPROXIMATELY 3.2 ACRES) LOCATED ON THE EAST SIDE OF OLEANDER DRIVE (Hm. 76) IMMEDIATELY SOUTH OF THE BRADLEY CREEK BRIDGE AND ADJACENT TO THE BRADLEY CREEK MARINA FROM A B-2 (HIGHWAY BUSINESS) DISTRICT TO AN R-15 (RESIDENTIAL) DISTRICT. Planning Director Dexter Hayes presented the case and reported that the Planning Board had considered this request at its meeting on October 7 and recommended approval. Chm. Williams asked if there was anyone present to speak in favor of this request and the following persons appeared to request approval: Mr. George Rountree, Attorney for the petitioner Mr. J. B. Gerald, President of the applicant corporation Chm. Williams asked if there was anyone present to speak in opposition and no one appeared. Upon MOTION by Comm. Armistead, SECONDED by Comm. Morgan, the rezoning was approved and the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning Map of Zoning Area 2 of New Hanover County, Nortli" Carolina , Adopted July 2, 1972" was unanimously adopted. A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 2, Page 16. BREAK Chm. Williams 8:25 o'clock p.m. recessed the meeting for a break from 8:10 o'clock p.m. until II I, I PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY: (APPROXIMATELY 3.2 ACRES) LOCATED ON THE EAST SIDE OF OLEANDER DRIVE (Hm. 76) IMMEDIATELY, SOUTH OF THE BRADLEY CREEK BRIDGE AND ADJACENT TO THE BRADLEY CREEK MARINA FOR A I1ULTI-FAMILY DEVELOPMENT IN AN R""15 (RESIDENTIAL) DISTRICT ( SUBJECT TO REZONING FROM A B-2 ZONE). County Attorney Jim Fox commented to the Commissioners on his suggested methods of conducting hearings on applications for Special Use Permits. . . Planning Director Dexter Hayes presented the background information on the case and reported that the Planning Board had considered this application at its meeting October 7 and recommended approval. Mr. J. B. Gerald, President of Charisma, Inc., the applicant, was duly sworn and testified to information presented by his Attorney, Mr. George Rountree, and the Planning Director, Dexter Hayes. Attorney Rountree submitted the following letters, as evidence in granting of permits for the project and they were marked as Exhibit "A". 1. Letter from R. B. Hawkins, Division Traffic Manager, Department of Transportation of North Carolina, to Jay DeChesere dated May 13, ,1980. 2. Mr. Stroud's letter of May 13, 1980 to Mr. Lilley. 3. Mr. Wakild's letter of June 4, 1980, to Mr. Robert Lyons. 4. Mr. Robert Williams Jr. memorandum of May 9, 1980 to Mr. Lilley. 5. Michael P. Bell's letter from the Division of Health Services Department of Human Resources of the State of North Carolina to Mr. DeChesere dated May 28, 1980. Chm. Williams asked if there were any' questions from the audience or if there was anyone present to speak in opposition,1 and no one spoke in opposition. I Upon MOTION,by Comm. Armistead, SECONDED by Connn. Morgan, the following Order , granting approval of the Special Use Permit was unanimously adopted: I 'I The County Commissioners for New Hanover County having held a public hearing on November 3, 1980, to consider application humber S-135 6/80 submitted by Charisma, Inc., a request for a special use permit to use ithe property located at east of Oleander Drive , immediately south of Bradley Creek Bridge :and adjacent to Bradley Creek Marina, and 692 MINUTES OF REGULAR MEETING, NOVEMBER 3, 1980 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 3,2 ACRES) LOCATED ON THE EAST SIDE OF OLEANDER DRIVE (HWY. 76) IMMEDIATELY SOUTH OF THE BRADLEY CREEK BRIDGE AND ADJACENT TO THE BRADLEY CREEK MARINA FOR A MULTI-FAMILY DEVELOPMENT IN ANR-15 (RESIDENTIAL) DISTRICT ( SUBJECT ,TO REZONING FROM A B-2 ZONE). (CONTINUED) 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 re~uire- ments 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. o 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. Sewage disposal will be handled by a state approved sewage system. 2. Water will be supplied by a state approved system. 3. Traffic generated by the proposal will not threaten the capacity of Oleander Drive. 4. A CAMA permit has been issued. 5. A volunteer fire department exists near to this project. 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. The proposal is a permitted use in the R-15 district. 2., The proposal meets the dimensional requirements of Section 52-4. 3. The proposal meets the parking requirements of Sections ,80 & 81. 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 Com- missioners make the following FINDINGS OF FACT: 1. The proposed use will conform to existing residential use. 2. The proposed use will constitute physical improvement to the property from its present condition. 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 proposed project is adjacent to an existing marina. 2. There are commercial and residential uses across the street from the property that is the subject of this application. 3. A CAMA permit has been issued with regard to this project. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issue 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 project proposed by this order. o b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of eommissionersby a court' of competent jurisdiction 'then this permit shall become void and of no effect. . Ordered this 3rd day of November, 1980. o o o 693 MINUTES OF REGULAR MEETING, NOVEMBER 3, 1980 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED EAST OF OLEANDER DRIVE (am. 76) AND ADJACENT TO BRADLEY CREEK MARINA FOR A PUBLIC UTILITY BUILDING IN A B-2 (HIGHWAY BUSINESS) DISTRICT. Planning Director Dexter Hayes presented the background information on this case and reported that the Planning Commission had considered this application at its meeting on October 7 and recommended approval. Mr. J. B. Gerald, President of Charisma, Inc., the applicant, was duly sworn and testified to information' presented by his attorney, Mr. George Rountree and the Planning Director, Dexter Hayes. Chm. Williams asked if there was anyone else present to speak for or against this application for Special Use Permit. The Planning Director commented further. Attorney Rountree submitted the following letters as evidence in granting of permits for the proposed project, and they were jointly marked as Exhibit "A". 1. Letter of June 4, 1980, from Mr. Wakild to Robert Lyons. 2. May 28, 1980, letter from Michael P. Bell to Mr. Jay DeChesere 3. Robert Williams,Jr. memorandum of May 9, 1980, to Mr. Lilley. 4. Mr. Hawkins letter from the Department of Transportation of North Carolina to Mr. Jay DeChesere dated May 13, 1980. 5. Mr. Stroud's l~tter of May 13, 1980, to Charles Lilley. 6. The application for CAMA Permit for major development submitted by J. B. Gerald for Charisma, Inc. Upon MOTION,by Comm. O'Shields, SECONDED by Comm. Armistead, the following Order granting approval of the Special Use Permit was unanimously adopted: The County Commissioners for New Hanover County having held a public hearing on November 3, 1980 to consider application number 8-134 6/80 submitted by Charisma, Inc., a request for a special use permit to use the property located at approximately 1000 feet east pf Oleander Drive an4 adjacent to eastern most boat storage area of Bradley Creek Marina, and having heard all the evidence a~d arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. Th~ County Commissioners FIND as a FACT that all the spectftc req~irements set forth in Section 72-14 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. State of NC has approved the proposed water supply system. 2. State of NC has approved the proposed sewage disposal system. 3. It is the County Commissioners' the second general requirement listed in required conditions and specifications. make the following FINDINGS OF FACT: 1. The proposed utility building is a permitted use in the B-2 z9ne, its dimensions being 15' x 25' which satisfies Section,55-4 of the Ordinance. 2. The proposed structure is set back approximately 1000 feet from ,Oleander Drive theref9re satisfies requirements 9f Section 55-4 of Ordinance. CONCLUSION that the proposed use does satisfy the Ordinance; namely that the use meets all In support of thi~ conclusion, the Commissioners 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, and that the use is a public necessity. cIn'support of,this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. The proposed use would conform to existing uses of adjacent property. 2. The proposed will enhance the public health and safety and will constitute improvement to the property in its present condition. 694 MINUTES OF REGULAR MEETING, NOVEMBER 3, 1980 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED EAST OF OLEANDER DRIVE (HWY. 76) AND ADJACENT TO BRADLEY CREEK MARINA FOR A PUBLIC UTILITY BUILDING IN A B-2 ( HIGHWAY BUSINESS) DISTRICT. (CONTINUED) 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 FINDING, OF FACT: 1. Commercial uses, a marina, 'and vacant land adjoin the property which is the subject of this application. 2. The State of NC has approved the water supply system and its sewage 0 disposal system. 3. The proposed structure is set back approximately 1000 feet from Oleander Drive and therefore satisfies Section 55-4 of the Ordinance. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issue 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. as stated in the ordinance for the proposed use, as well as any additional conditions stated below. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of the Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) , This Special Use Permit is issued conditioned and subject to the issuance of a CAMA Permit and other compliances with all Federal, State, and Local regulations applicable to this property. Ordered this 3rd day of November, 1980. BREAK Chm. Williams recessed the meeting for a break from 9:19 o'clock p.m. until 9:30 o'clock p.m. o PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 2.2 ACRES) LOCATED ON THE WEST SIDE OF OAKLEY LOOP ROAD ABOUT 700 FEET NORTH OF THE INTERSECTION WITH FORK DRIVE FOR A MOBILE HOME IN AN R-20 (RESIDENTIAL) ZONE. Planning Director Dexter Hayes presented the background information on this case and reported that the Planning Commission had considered this application at its meeting on October 7 and recommended approval. ,Mr. Uonroe Peterson, the petitioner..' was duly sworn and testified to the accuracy of information presented by the Planning Director and the County Attorney. Mr. Peterson presented a copy of his Sewage Disposal System Permit which was submitted as Exhibit "A". Chm. Williams asked if there were any further questions and no one appeared to speak in opposition. Upon MOTION by Comm. Gottovi, SECONDED"by. COtmll.' 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 0 Novemb~r 3, 1980 to consider application number S-151 10/80 submitted by Monroe Peterson, a request for a special use permit to use the property located on the west side of Oakley Loop Road approximately 500 feet north of intersection with Fork Drive, 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. o o o .., ,(' MINUTES OF REGULAR MEETING, NOVEMBER 3, 1980, (CONTINUED), PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 2.2 ACRES) LOCATED ON THE WEST SIDE OF OAKLEY LOOP ROAD ABOUT 700 FEET NORTH OF THE INTERSECTION WITH FORK DRIVE FOR A MOBILE HOME IN AN R-20 (RESIDENTIAL) ZONE. (CONTINUED) 695 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 a~cording to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. The New Hanover County Health Department has issued a septic tank pe~it for disposal of waste upon this property with water to be supplied by private well. 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 FINDING OF FACT: 1. The proposed mobile home is a permitted use in the R-20 zoning district. 2. The proposed unit has a lot area of 21,210 sq. feet therefore satisfies density requirement of the R-20 zone. 3. The proposed use provides two on site park~~g,spaces and therefore satisfies the parkirig'requirements of Sections 80 & 81 of the Zoning Ordinance. 4. The mobile home to be located on this property exceeds the 15 feet side yard requirement of Section 51-4 of the Ordinance. 5. The location of mobile home on the lot exceeds the 30 feet front yard and 25 feet rear yard requirement of Sec~ion 51-4 of the 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: 'I 1. There are numerous existing mobile homes in the immediate neighborhood adjacent to the property which is the subject of this application. 2. The addition of this residential land USe is compatible with oth~r residential uses in the vicinity. 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 ~upport of this conclus~on, the Commissioners make the following FINDINGS OF FACT: 1. The proposal is outside urban services boundary. The "Policie~ for . Growth and ,Development" provide that the "area outside the urban services boundary should be maintained by low density residential areas, rural communities, open space lands, farms, and other uses compatibl~ with the intent of the urban growth policy". 6. Therefore, because the County ,Commissioners conclude that all of,tpe 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 gSE PERMIT be GRANTED subject to the. following conditions: a) That the'applicant shall fully comply with all the specific requirements stated in the ordinance for the proposed use, as well as any ad~itional conditions hereinafter stated. b) If any of the'conditions imposed by this special use permit shall be declared invalid beyond the authority of the Board'of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) compliance with all applic~ble Federal, State I The permit is subject to and Local regulations. I Ordered this 3rd day of November" 1980. 696 MINUTES OF REGULAR MEETING, NOVEMBER 3, 1980 (CONTINUED) PUBLIC HEARING ,TO CONSIDER THE FOLLOWING ZONING ORDINANCE TEXT AMENDMENT: 1. Amend Section 55, B-2 Highway Business District, Subsection 55-3, Special Uses by adding: (19) Building Contractors and related activities. Comm. O'Shields MOVED, SECONDED by Chm. Williams, that this be added to the Zoning Ordinance by right instead of by Special Use Permit. County Attorney Fox advised that it would be necessary to readvertise for this to be permitted by right instead of with a Special Use Permit. o Comm. Armistead MOVED, SECONDED by Comm. O'Shields, to advertise this to be a permitted use in the B-2 zone instead of by Special Use Permit and consider it at the first meeting in December. Upon vote, the motion carried unanimously. PUBLIC HEARING TO CONSIDER AN APPEAL FROM THE RECOMMENDATION OF THE PLANNING BOARD TO DENY AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE EAST SIDE OF CAROLINA BEACH ROAD (HWY. 421) APPROXIMATELY 700 FEET NORTH OF THE INTERSECTION WITH MANASSAS DRIVE FOR A SEPTIC TANK VACUUM SERVICE ,IN A B-2 (HIGHWAY BUSINESS) DISTRICT. Planning Director Dexter Hayes gave the background information on this case and reported that the Planning Commission had considered this application at its meeting in October and recommended denial. Mr. George W. Potter, the petitioner, was duly sworn and testified to information presented by his Attorney, Mr. David Barefoot, Mr. Ted Samply, an adjacent property owner, 'and Planning Director, Mr. Dexter H~yes. Mr. Jim Brown, New Hanover County Health Director, was duly sworn and testified to information presented by the petitioner's Attorney, Mr. David Barefoot and Mr. Ted Sampley, an adjacent property owner. Mr. Hall Weaver, was duly sworn and testified to information presented by the petitioner's Attorney, Mr. David Barefoot and Mr. Ted Sampley, an adjacent property owner. o Mr. Ace Potter was duly sworn and testified to information presented by the petitioner's Attorney, Mr. David Barefoot. 'Mr. Earl Bennerman, an employee of the Septic Tank Vacuum Service, was duly sworn and testified to information presented to him by the petitioner's Attorney, Mr. David Barefoot and Mr. Ted Sampley, adjacent property owner. Mr. Ted Sampley, an adjacent property owner, was duly sworn and testified to questions and information presented to him by the County Commissioners. Mr. Sampley submitted a petition signed by neighboring property owners which was marked as Exhibit "A". Mr. Barefoot submitted the following exhibits as evidence: 1. Exhibit "A" - Pictures of Mr. Potter's trucks and residence on College Road where the trucks are currently being stored. 2. Exhibit "B" Picture of proposed building to be constructed on subject property. 3.' Exhibit "c" - Letter dated November 3, 1980, from New'Hanover County Health Department and verified by the Health Director. 4. Exhibit "E" - Pictures of subject property taken by Mr. Hall Weaver and identified by Mr. Weaver as such. 5. Exhibit "F" - Pictures of adjacent and subject property taken by Mr. Ace 0 Potter and identified by him as such. Mr. Sampley submitted two pictures of the subject property which were marked as his Exhibit "B". Chm. Williams asked if there were any further questions and no one commented further. Upon MOTION by Comm. Armistead, SECONDED by Comm. O'Shields, the following Order granting the Special Use Permit was unanimously adopted: o o o MINUTES OF REGULAR MEETING, NOVEMBER 3, 1980 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL FROM'THE RECOMMENDATION OF THE PLANNING BOARD TO DENY AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY LOCATED ON THE EAST SIDE OF CAROLINA BEACH ROAD (HWY.1421) APPROXIMATELY, 700 FEET NORTH OF THE INTERSECTION WITH MANASSAS DRIVE FOR AI SEPTIC TANK VACUUM SERVICE IN A B-2 (HIGHWAY BUSINESS) DISTRICT. (CONTINUED) I 697 The County Commissioners for New Hanover County having held a public hearing on November 3, 1980 to consider application number S-152 10/80 submitted by George W. Potter, a request for a special use permit to use the property located at east side of Carolina Beach Road approximately 700 feet north of its intersection with Manassas Drive, 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 72-32 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and develope<i according, to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF,FAGT: 1. Trucks will not be cleaned on the site. 2. Noxious materials will not be discharged on the site. 3. No noxious odors will escape from the trucks. 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. The proposed septic tank vacuum service is a permitted use in the B-2 zone. 2. The proposed structure has a front yard of 180 feet and rear yard of 20 feet and therefore would satisfy requirements of Section 55-4 of the Ordinance. 3. The proposed project has a 5 bay garage and therefore satisfied parking requirements of Section 80 of the 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. Additional landscaping, metal frame building and fencing will increase the value of the proposed site,'are,in harmony with the adjacent property and,will enhance the value 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: 1. This proposal is consistent with the growth policies of New Hanover County which state that adequate commercial space at appropriate locations have been in rural areas to satisfy consumer needs. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issue 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. I If any of the conditions impo~ed by this special use permit shall be held invalid beyond the authdrity of this Board of Commissioners by a court of competent jurisdicti~n then this permit shall become void and of no effect. ' b) c) Subject to the issuance of driveway permits from the Department of Transportation. d) That no materials shall be stored over night in the applicant's trucks on the subject premises. Ordered this 3rd day of November, 1980. 698 MINUTES OF REGULAR MEETING, NOVEMBER 3, 1980 (CONTINUED) BREAK Chm.,Williams recessed the meeting for a break from 11:29 o'clock p.m~ until 11:41 o'clock p.m. 60 DAY SUSPENSION OF SPECIAL USE PERMIT APPLICATIONS Comm. O'Shields MOVED, SECONDED by Comm. Armistead, that no more Special Use Permits be issued for at least 30 days until the Planning Board could review the uses and make a recommendation. Comm. O'Shields withdrew his first motion and MOVED,to declare a moratorium on Special Use Permits. Comm. O'Shields restated his motion to put at least a 60-day moratorium on Special Use Permit requests, as of right now at 7 minutes to 12 on November 3, that no more Special Use Permit applications be accepted for 60 days and that those 'that have currently been received will be acted on in a timely fashion. Upon vote, the motion carried unanimously. o PUBLIC HEARING TO CONSIDER AMENDMENTS TO SUBDIVISION REGULATIONS Mr. Ken Silliman of the Planning Staff reported on proposed amendments to the Subdivision Regulations that would delete the 25-lot provision and also the amendment to change the definition of "subdivision" so that the local ordinance would comply with the State enabling legislation. He reported that the Planning Board had considered these amendments at its meeting on October 7 and recommended denial. The following persons commented on the proposed amendments: Mr. W.'H. Grathwol, a local developer Mr. Jack Stocks, a local surveyor Comm. Gottovi MOVED that the Planning Department prepare an amendment to the Subdivision Regulations that allowed for a triplicate form, that was basically the simple form that they already fill out, with the addition of a line that would give a licensed, or registered, engineer's estimate as to the costs of the improve- ments in that subdivision in compliance with G. S. 39-30 and that one copy of the triplicate form would go to the Clerk, one to the developer and one to the Planning 0 Department and that would then put the Clerk on notice that the development had been appl~ed for and that should take care of the problem. Mr. Bobby Harrelson, a local developer, commented. Comm. Gottovi amended her motion to say that the Planning Department would make a recommendation to the Clerk on the percentage of the improvements not completed at the time they wished to sell. Comm. Armistead SECONDED the motion and upon vote, it carried unanimously. Comm. Gottovi MOVED, SECONDED by Comm. Armistead, that the following Ordinance Amending the Subdivision Regulations be Adopted: Section 1. adopted February as follows: 1. That the Subdivision Regulations of the County of New Hanover 17, 1969, as amended be, and the same is hereby further amended Amend Article II, Section 1 (17) as follows: a. Substitute the word (subdivided" for the word "platted" in paragraph a. b. Substitute the word "ten (10)'" for the word "five (5)" in paragraph b. Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. o Section 3. This ordinance is adopted in the interest of public health, safety, morals, and general welfare of the inhabitants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its adoption. Adopted this 3rd day of November, 1980. o o o MINUTES OF REGULAR MEETING, NOVEMBER 3, 1980 (CONTINUED) PUBLIC HEARING TO CONSIDER AMENDMENTS TO SUBDIVISION REGULATIONS (CONTINUED) 699 Upon vote, the motion carried as follows: Voting Aye: Voting Noe: I Comm. Armistead, Gottovi,' Morgan and O'Shields Chm. Williams DISCUSSION ON SIGN REGULATIONS AND MORATORIUM ON BILLBOARD PERMITS Planning Director Dexter Hayes reported on the current sign regulations in the County as compared to similar regulations in other counties. The Commissioners had been previously furnished copies of the current County regulations in effect. Mr. Thad Carmichael, Superintendent of Inspections, commented. Mr. M. H. Vaughan commented. Comm. Armistead MOVED, SECONDED by Comm. Morgan, that no billboards be built in this County for 6 months until the Commissioners had time to review this matter. Comm. Armistead clarified his motion to mean that this had nothing to do with principal use signs, it only included outdoor advertising signs (i.e. billboards), and that principal use signs should also be included in the study. Upon vote, the motion carried as follows: Voting Aye: Voting Noe: Comm. Armistead, Gottovi and Morgan Comm. O'Shields and Chm. Williams FUNDS FOR WRIGHTSVILLE BEACH BERM PROJECT Comm. Armistead MOVED, SECONDED by Comm. Morgan, to approve the county's share of funding in the amount of $2,067.20 to match additional Federal and State funds to complete the first phase of the berm project at Wrightsville Beach and transfer the funds from the Contingency Account. Upon vote, the"motion carried unanimously. CAROLINA POWER & LIGHT COMPANY RIGHT OF WAY FOR LANDFILL ELECTRICITY Upon MOTION by Chm. Williams, SECONDED by Comm. Armistead, authorization was 'unanimously given for the Chairman to execute a Right~of~Way Agreement with Carolina Power & LIght Company across County property to furnish electricity to the Blue Clay Road Landfill site. A copy of the Agreement is on file in the County Manager's Office. ADOPTION OF RESOLUTION ENDORSING GENERAL REVENUE SHARING Upon MOTION by Comm. Armistead, SECONDED by Comm. O'Shields, the following Resolution Endorsing General Revenue Sharing was unanimously adopted: WHEREAS, the Congress of the United States is considering legislation which will extend the General Revenue Sharing Program; and WHEREAS, the program, which expired on September 30, 1980, must be reauthorized during the lame duck session beginning November 12; and WHEREAS, S. 2574 and H.R. 7112 call for this reauthorization and the President has indicated support for the program's continu~tion; and WHEREAS, the General Revenue Sharing Program has the lowest administrative'; costs of any of the federal assistance programs, is distributed on a fair and equitable basis, and provides recipient jurisdictions much needed flexibility in delivering locally determined services and programs; and WHEREAS, New Hanover County has earmarked future revenue sharing monies to be used to build a new courthouse which is desperately needed and for which other funds are not available without a large increase in property taxes; THEREFORE, BE IT RESOLVED BY THE Board of Commissioners of New Hanover County, North Carolina that we strongly urge the Congress to take up and pass, and the President to sign, legislation re- authorizing the General Revenue Sharing Program. Adopted this the 3rd day of November, 1980. "} () n I v iJMlNUTES OF REGULAR MEETING, NOVEMBER 3, 1980 (CONTINUED) SALE OF CITY/COU}ITY OWNED PROPERTY Comm. Gottovi MOVED, SECONDED by Comm. Morgan, to approve the sale of surplus City and County owned property to the high bidders as recommended on the list that had been furnished to the Commissioners. Upon vote, the Motion carried unanimously. A copy of the list of proRerty, is contained in Exhibit Book VIII, Page 19. (See page 750 for correct~on ~n parceL number.) , ADOPTION OF APPLICATION FORM FOR APPOINTMENTS TO BOARDS, COMMITTEES AND COMMISSIONS Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the application form furnished to the, Commissioners for appointments to Commission appointed Boards, Committees and Commissions, was unanimously adopted. A copy of the form is on file in the Clerk's office. o PLANNING BOARD CHAIRMAN REQUIRED TO VOTE ON ITEMS Comm. Gottovi MOVED, SECONDED by Comm. Armistead, to write a letter to the temporary Chairman of the Planning Board advising him that he was required to vote on all matters that go before that Board unless he had a conflict of interest. Upon vote, the motion carried unanimously. TITLE III OLDER AMERICANS ACT GRANT - HEALTH DEPARTMENT Comm. Gottovi MOVED, SECONDED by,Comm. Armistead, to accept a Title III Older Americans Act Grant for the amount of $6,300 to fund one half of a Community Health Assistant position at the Health Department and approval of the following budget amendment appropriating the funds: Debit - Acct. #44 368 21, Revenues $6,300 Credit - Acct. #44 611 02, Salaries & Wages $4,040 Acct. 1144 611 05, FICA 234 Acct. #44 611 07, Retirement 301 Acct. #44 611 06, Group Insurance 245 'Acct. 1/44 611 14, Travel 1,100 Acct. #44 611 33, Supplies & Materials 380 upon vote, the motion carried unanimously. POSITION CHANGES - HEALTH DEPARTMENT Comm. Armistead MOVED, SECONDED by Chm. Williams, to postpone action on the 0 requested position changes in the Health Department until the County Manager had a chance to make a recommendation on them. Upon vote, the motion carried unanimously. RIGHT-OF-WAY AGREEMENT WITH SEABOARD COASTLINE FOR FLEMINGTON WATER LINES County Attorney Fox commented on the obligations that the proposed Right-of- Way Agreement imposed upon the County. Upon MOTION by Comm. Armistead, SECONDED by Comm. O'Shields, the execution of the Agreement between the County and the Seaboard Coast Line Railroad Company for installation and maintenance of the water lines for the Flemington Water System was unanimously approved. A copy of the Agreement is on file in the County Manager's Office. ADDITIONAL ITEMS - COUNTY COMMISSIONERS AND GENERAL PUBLIC DISCUSSION ON LETTER FROM JUDGE BURNETT CONCERNING ILLEGAL DUMPING Comm. Gottovi commented on the letter the Commissioners had received from Judge Burnett making suggestions that people with small loads not be charged at the landfill and that the landfill be open all day on Saturdays in order to alleviate some of the illegal dumping that was going on. The County Manager agreed to check on the situation and report on'it at the next meeting. o WILLIAM S. FUNDERBURG'S COMMENTS ON THE BACKUP BELL ON THE TRACTOR AT THE LANDFILL Mr. William S. Funderburg commented that the bell on the backup machine at the landfill was entirely too loud and disturbed the neighboring property owners. o o o MINUTES OF REGULAR MEETING, NOVEMBER 3, 1980 (CONTINUED) 701 EXECUTIVE SESSION Comm. O'Shields to Executive Session unanimously. MOVED, SECONDED by Comm. Armistead, to discuss personnel matters. Upon I that the meeting be recessed vote, the motion carried , Chm. Williams recessed the meeting toiExecutive Session at 1:09 o'clock a.m. Chm.' Williams reconvened the meeting to Public Session at 1:20 o'clock a.m. ADJOURNMENT Comm. O'Shields' MOVED, SECONDED by Comm. Morgan, that the'meeting be adjourned. Upon vote, the motion carried unanimously. Chm. Williams adjourned the meeting at 1:20 o'clock a.m. Respectfully submitted, . ~ ,6,~~ Alyce B. Rusmisell Clerk to the Board MINUTES OF SPECIAL MEETING, NOVEMBER 10, 1980 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Monday, November 10, 1980, at 7:00 p.m. in the auditorium of the Brunswick County Administrative Complex in Bolivia, North Carolina, with County Commissioners and interested mayors in Region "0" for the purpose of discussing solid waste issues, long range plans under development, contingency plans for emergency situations, and policy regarding cooperative agreements with other units of government. Members present were Commissioners Howard L. Armistead, Jr.; Karen E. Gottovi; Janet S. Morgan; Claud O'Shields, Jr.; Chairman Ellen C. Williams; County Manager .-- -I George F. Cooper; and Clerk to the Board, Alyce B. Rusmisell. No members were :, absent. Representatives were also present from Brunswick, Columbus and 'Pender Counties and some of the municipalities in the Counties, along with representatives from the Cape Fear Council of Governments and the news media. ,Brunswick County Commission Chairman, Mr. Frankie Thomas, welcomed those present, and the representatives from each county, municipality and agency in Region "0" introduced themselves. DISCUSSION ON SOLID WASTE ISSUES Mr. Thomas then turned the meeting over to Mr. Jerry Ramsey, Executive Director of the Cape Fear Council of Governments who explained the reasons for which this joint meeting had been arranged and gave the background on some of the solid waste problems faced by New Hanover County which may affect the other counties in the region in the future. A representative from each of the counties and municipalities present commented on solid waste issues in that particular area of Region "0". It was agreed that Mr. Ramsey would meet individually with each Board of County Commissioners in the Region to work out a proposal for a regional solution to the solid waste problem and present it for consideration at a future joint meeting of the County Boards in Region "0". ADJOURNMENT The meeting was adjourned at 8:53 o'clock p.m. Respectfully submitted, ~;6,/l~ Alyce B. Rusmisell Clerk to the Board