1980-11-03 Regular Meeting
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689
MINUTES OF REGULAR MEETING, OCTOBER 20, 1980 (CONTINUED)
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ADDITIONAL ITEMS - COUNTY COMMISSIONERS': AND COUNTY MANAGER, (CONTINUED)
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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. '
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Members present were Commissioners Howard L. Armistead, Jr.; Karen E. Gottovi;
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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.
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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
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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.
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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
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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.
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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.
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Upon MOTION,by Comm. Armistead, SECONDED by Connn. Morgan, the following Order
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granting approval of the Special Use Permit was unanimously adopted:
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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)
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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.
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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
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The permit is subject to
and Local regulations.
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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.
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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.
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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
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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.
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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.
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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