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HomeMy WebLinkAbout1980-12-01 Regular Meeting 708 MINUTES OF REGULAR MEETING, NOVEMBER 17, 1980 (CONTINUED) DISCUSSION ON CONSULTANT'S REPORT AND EPA TECHNICAL PANEL REPORT County Manager Cooper reported that he hoped'a draft of the Consultani's'solid waste report would be in by the end of November with the final report issued before the Christmas Holidays. He also reported that he had received a copy of the EPA Technical Panel's Report commenting on specific fields that the County was looking into concerning solid waste disposal. DISCUSSION ON LANDFILL HOURS County Manager Cooper reported on practices at the landfill concerning the hours of operation and charges made ,to people bringing in small loads of trash for disposal. o REQUEST FOR UPDATE ON COMPLETION DATE FOR FLEMINGTON 'WATER SYSTEM' Mr. W. N. Jordan and Mrs. Eva Yates requested information on the proposed completion date for the Flemington water system, and the County Manager reported that it was hoped they would have water running to houses by the end of December. He also commented on the necessity of getting the signed easements from the property owners as soon as possible to prevent any further delays. EXECUTIVE SESSION Comm. Gottovi MOVED, SECONDED by Comm. Armistead, that the meeting be recessed to Executive Session to discuss committee appointments and litigation matters. Upon vote, the motion carried as follows: Voting Aye: Comm. Armistead, Gottovi, Morgan and Chm. Williams Temporarily Absent: Comm. O'Shields Chm. Williams recessed the meeting to Executive Session at 12:08 o'clock p.m. Chm. Williams reconvened the meeting to Public Session at 12:55 o'clock p.m. APPOINTMENTS TO PLUMBING BOARD, HOSPITAL BOARD AND OAR BOARD Upon MOTION by Comm. Armistead, SECONDED by Chm. Williams, the following Committee Appointments were UNANIMOUSLY approved: New Hanover Memorial Hospital Board of Trustees Mr. Dan Cameron Mrs. Ellen C. Williams o Plumbing Board of Examiners Mr. H. G. Herring Offender Aid and Restoration Board of Directors Mr. Meares Harriss, Jr. Mr. Bill Jessup ADJOURNMENT Comm. Armistead MOVED, SECONDED by Comm., O'Shields, that the meeting'be adjourned. Upon vote, the motion carried UNANIMOUSLY. Chm. Williams adjourned the meeting at 12:56 o'clock p.m. Respectfully submitted, ~..,-c.. ,8. ~.fI"':.;/~ Alyce B. Rusmisell Clerk to the Board MINUTES ,OF REGULAR MEETING, DECEMBER 1, 1980 o ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 1, 1980, at 7:00 o'clock p.m. in the Assembly Room, New Hanover County Administration Building, Wilmington, 'North Carolina. Members present were Commissioners Howard L. Armistead, Jr.; Karen E. Gottovi; Janet S. Morgan; Claud O'Shields, Jr.; Chairman Ellen C. Williams; County Manager George F. Cooper; County Attorney James C. Fox; and Clerk to the Board, Alyce B. Rusmisell. No members were absent. Chm. Williams called the meeting to order. Rev. Graham McChesney of Windermere Presbyterian Church offered the Invocation. o o o MINUTES OF REGULAR MEETING, DECE!1BER 1, 1980 (CONTINUED) 709 ,"', APPROVAL OF MINUTES: REGULAR MEETING,: NOVE!1BER 17, 1980 ,...., Upon MOTION by, Comm. Morgan, SECONDED by Comm. Armistead', '-the; Minutes of'the Regular Meeting "of -Nove1rber 17, 1980, 'were UllANIMOUSLY approved: as,'presented., -:: : ~ , ~,." ,." OATHS OF OFFICE ADMINISTERED TO COMMISSIONERS, BARFIELD, BLAKE AND GOTTO'll Clerk of Superior Court, Louise D,'Rehder, administered the Oaths of Qffice to the following ne~ly elected County Commissioners: Jonathan Barfield Donald P. Blake Karen E.,Gottovi Copies of the Oaths of Office are contained in Exhibit Book VIII, Page 25. REMARKS BY OUTGOING CHAIRMAN, WH;LIA.'1S AN!), COMMISSIONER MORGAN', Outgoing Chairman,Williams and Commissioner Morgan commented on ,their service as Commissioners and expressed their appreciation for-having,been able to serve on the Board of Commissioners. , ," ~ I:; ; . ELECTION, OF CHAIRMAN,AND VICE-CHAIRMAN' ", . County Manager,-,Co,oper, opened the floor ,to 'nomin,ations of Connnissioners. , "ll I r _~; ::;",'. "J -, for Chairman of the Board n';. .1.. Comm. Armistead nominated Comm., 0.', Shields. , '" - . - - -- . -! -'0"'\"" There being no, further nominations, County Manager Cooper declared the nominations closed and,upon vote, Comm. O'Shields,was UNANIMOUSLY elected,CQairman. .' '..j.' Chm. O'~hields then opened the floor to nominations for Vice-Chairman of the Board of Commissioners'~) 1'" I' 'T(J _ , , , ,", ',f'-,-...r,,,,,,,, ",..cComm. :-Armistea.-d nominated Comm.' ',Gottovi;, . 'l~,: 'J There,being no ,further nominations, closed, and upon vote, Comm. Gottovi was ')- PRESENTATION OF CERTIFICATES AND AHARDS TO OUTGOING COMMISSIONERS, WILLIAMS - AND MORGAN Chm. O'Shields presented,a Certificate of Award and a placque with the gavel mountedfon it,to ~utgoing Chqirman Ellen C. Williams in appreciation for her four years 0 serv~ce on the Board. " ,_ Chm. O'Shields presented a Certificate of Appreciation and an engraved paper weight to outgoing Commissioner Janet S. Morgan as a token of 'appreciation for her 5 month's service"on,the Board. ':, ,,' ,- Lc'c:., - -~'.~.;; ~ , '" BREAR Chm. O'Shields recessed 7:26 o'clock p.m. the meeting for a break from 7:10 o'clock p.m. until I"'" 'r", ." , .. . . ~ [1, .. , -)',,'~',:--, ;", , REAPPOINTMENT OF ALYCE B. RUSMISELL AS CLERK TO THE BOARD -,-,,'; "':', Upon MOTION by Comm.. Armistead, SECONDED by Comm. Gottovi, ,Al,yce B., Rusmisell was UNANIMOUSLY reappointed as Clerk to the Board. APPROVAL OF CONSENT AGENDA Chm. O'Shields reported that Item #7, Agreement for Transfer,Qf,Libr~ry Collection and Equipment, needed to be removed from the Consent Agenda to be retyped. ;\! ' ,I " , . Comm. Gottovi commented on Item #8, Offer and Acceptance ,for Clean Water' Funds for User Charge/Industrial Cost Recovery System, and the fact that, the date-for return of the forms was past due. County Manager Cooper reported that he felt it should be sent in even though it would be late. ;,'J' ,;, j Upon MOTION by Comm. Armistead, SECONDED by Comm. Blake, the following Consent Agenda Items were UNM,IMOUSLY approved: ACCEPTANCE OF LWCF GRANT FOR ARRO.THEAD PARK The Agreement between the County and the North Carolina Department of Natural Re~ources and Community Development for grant funds from the Land, and Water Conservation Fund for Arrowhead Park was approved and the Chairman authorized to execute, the, Agreement. , , :,\,: ..' -.' ~ -I r.-I:-- . .J; ii,'. 710 MINUTES OF REGULAR MEETING, DECEMBER 1, 1980 (CONTINUED) PURCHASE OF ADDITIONAL DISK 'DRIVE 'FOR DATA ,PROCESSING ' The'purchase of an additional Disk'Drive from Burroughs was author{zed for the Data Processing Departmene; laud the'following budget amendment;was'approved to appropriate, the, funds: Debit - Acct. 1111 445 61, Contingencies $2;326 Credit - Acct. 1111 441 97, Transfer to Debt Service $2,326 (Revenue) Debit - Acct. 1121 397 11, Transfer from General $2,326 Credit - Acct. 1121 575 85, Principal on Computer '$2,326 RESOLUTION'REQUESTING ADDITION OF 'EMILY STREET IN SEITTER ACRES 'TO'STATE SYSTEM 0 The SR-2 Resolution was adopted requesting the addition of Emily Street in Sertte'fl-'AErce~~1fBIi:he' State Secondci'ry TRoacf System. . liT,' "':' -; -(,~ r . -'"r, ,r, ":_J:: fr.} "i";").') f'f- -'-I 0' - - '~'I.I" ',r.' ~' ! ,'( A copy of" the 'Resolution is '6n"file 'in' the' Clerk's office. d.. . ' ESTABLISHMENT OF PROGRAM FOR CONTROL OF FIRE ANTS On recommendation of the Agricultural Extension Chairman, the establishment of a program'for the control 'of fire ants to ,be operated through the Agri- cultural Extension Office was approved. c, RELEASE - LAW ENFORCEMENT CENTER ,cONTRACTORS c, .' The Chairman was authorized to execute a Release to Davidson & Jones, Inc., Raymond International and Waff Brothers, Inc" in connection with the' settlement of lawsuits p'ertaining to the construction of Phase I of the -Law Enforcement Center. .., r. r"r- ,-r 1 <"r';'I .r...) , . r - . r ,,- ~ ..r. r - _I > r, l c,; ,".... :' AMENDMENT TO ENGINEERING AGREEMENT - FLEMINGTON WATER SYSTEM ",' ", ' ! "c ' Amendment No. 1 to the Agreement with Henry von Oesen & Associates for professional Engineering Services for the Flemington Water System was approved. OFFER AND ACCEPTANCE FOR CLEAN WATER FUNDS FOR USER CHARGE/INDUSTRIAL COST RECOVERY SYSTEM The Commissioners accepted a grant offer in the amount of $950 from State Allocated Funds under the Pollution' Control Account of the Clean Water Fund 0 to aid in the development of a User Charge/Industrial Cost Recovery System and authorized the Chairui;m ,to' execute' the acceptance' agreement making"the ' necessary assurances contained therein. - .-',-; ',,,,~"'~~r-''--~. -r 'r- , " n . ~ __ _ : . I,.,' 'GRANT,lFROMjINSTlTUTE 'OF 'MUSEUM SERVICES'; ,FOR. MUSEUM ASSESSMENT PROGRAM The Commissioners authorized acceptance of a nonmatching grant of'$600 to cover the costs and the Museum's participation in the Museum Assessment Program. ,;-, r .~, . '::-1 (, r . ,- , . r,C,-' . .,: ,.--',-r --;-' BUDGET AMENDMENT - HOSPITAL CONSTRUCTION The following amendment was approved in the New Hanover Memorial Hospital Construction Account to correct the accounting records for equipmeut,originally purchased by'ihe,Hospital which'was supposed to be purchased with Hill-Burton funds: ", C' ' " ".", Debit - Acct. #78 350 02, NHMH - Contribution . 'Cred':[t'!-'-"Acct'. ,1178 575 77, Capita'! Outlay $77;100 $77,100 "",, ~"-:,' ~-.,--, n .",' .,,'-r, "., ,,' .'o. BUDGET AMENDMENT - ENGINEERING/ENGINEERING ADMINISTRATION The following amendment was approved ih the Engineering budget; to ~cover! .., ' relocation expenses for the Director of Engineering and Facilities: Debit Acct. #11 537 02, Salaries Credit - Acct. #11 536 14, Travel, Meetings & Schools $ 1,500 $ 1,500 o 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. O'Shields, this Public Hearing was UNANIMOUSLY continued until the first meeting in January. '. ,,' : t,. " r r.....,~ ,.. ,.,,, .' ~', <.', . ~ ; PUBLIC HEARING,TO CONSIDER A REQUEST TO REZONE PROPERTY (APPROXIMATELY 1.4 ACRES) LOCATED ON THE EAST SIDE OF CAROLINA BEACH ROAD APPROXIMATELY 600 FEET SOUTH OF SILVER LAKE ROAD FROM A B-2 (HIGHWAY BUSINESS) DISTRICT TO AN R-15 (RESIDENTIAL) DISTRICT. Planning Director Dexter Hayes gave the background information on this rezoning request and reported that this was a staff-initiated request to correct a previous error in the zoning of the property. ' The Planning Board had considered this request 711 MINUTES OF REGULAR MEETING, DECEMBER 1; 1930 (CONTINUED) PUBLIC HEARING TO'-CONSIDER A REQUEST TO REZONE PROPERTY (APPROXII1&TELY' 1;4 ACRES) LOCATED 011 THE EAST'SIDE OF CAROLINA BEAClr ROAD APPROXIl"lATELY 600 FEET'SOUTH OF SILVER LAKE ROAD FROM~A,B-2 (HIGHWAY BUSINESS) DISTRICT TO AJI R~15 (RESIDENTIAL) DISTRICT. (CONTINUED) , , , , , , ' at its meeting'in"November and recommended approval., '" ',. "..... Chm. O'Shields asked if there was anyone present to speak in favor of or in opposition to this rezoning, and no one appeared. o Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the rezoning was approved and the Ordinance entitled "An Ordinance of the County of New Hanover Amending the Zoning ],lap of Zoning Area 114 of New Hanover County" North Carolina, Adopted April 7, 1,97.1"; was' UNANIMOUSLY adopted. A copy of' the "Ordinance 'as adopted and signed, ,is contained in Zoning Ordinance Book I, Section 4, Page 21. "()'1 '.,-- PUBLIC HEARING TO CONSIDER'A'REQUEST TO REZONE PROPERTY'(APPROXlMATELY 1.6 ACRES) LOCATED ON THE WEST SIDE OF U. S. HIGHWAY 17 AT JUNCTION lJITH MILITARY CUTOFF ROAD FROM AN R-15 (RESIDENTIAL) ZONE TO A B-2 (HIGHWAY BUSINESS) DISTRICT. Planning Director Dexter, Hayes presented the background_inforn~tion on this case and reported! that the Planning Board had considered the ,request at its meeting in November 'and recommended approval;.. ,," ' ," " Chm. O'Shields asked if there was anyone present to speak in favor of this rezoninB, and 1Hr :.lOtto'JGaskins, ')representing ..the :..peti tioner, "appeared. .,be:!:ore the Board to:trequest.=approval~ -~ ?<~.'''J- 1 - "r,' - .., Chm; ..0 ',Shields 'asked if there was" anyone present to speak in opposition, and no one appeared'.~, (-.J'. ~;;.: .. -'-_' __,:....!. .'_ l F~ _ .'....__ Upon MOTION by Comm. Armistead, SECONDED by Comm. Blake, the rezoning was approved and the Ordinance entitled' "An Ordinm:ce of the County of New Hanover I Amending the Zoning Map of Zoning Area #6 of New, Hanover County, North Carolina,; Adopted September 7, 1971", was UNANIMOUSLY adopted. o J' A copy of the Ordinance as adopted and signed is contained in Zoning Ordinance Book I, Section 6, Page 18. ~ -,. ...-n ~.; .""2 DISCUSSION ON RULES ,OF PROCEDURE FOR SPECIAL USE 'PERMIT HEARINGS" The County Attorney presented,to each Commissioner an outline"of'suggested rules of procedure that he was recommending the Commissioners follow in hearing Special'Use Permit~applications. nT''','-'-'', ,'f' "-,' PC T ,- ,J.:--r'L',.-, . .:)::. .~: . ':! ~. j- , ':: .l ! .'. :.~ .:~.9Jr~ -:!".i PUBLIC HEARING TO CONSIDER AN, APPLICATION 'FOR 'SPECIAL USE PERMIT: TO USE PROPERTY (APPROXlMATELY'l.6 ACRES) LOCATED ON THE WEST SIDE OF U. S. HIGHWAY 17 AT JUNCTION WITH MILITARY CUTOFF ROAD FOR' STORAGE, AND WAREHOUSES, IN A'B~2 '(H[GHWAY BUSINESS) DISTRICT. q-''-- ro"(\ ~,,7'Tf--.' ,,^,' .,)rrrr;"' '" "', .r" Planning Director Dexter Hayes presented the background information on this ',Special Use Permit'application and reported that the Planning Board had considered the application at its meeting in November and reconimended' approval-.'EH " ..... '.: ,',. ,""-r '.:'>:: r - '" -;, , n' 1 .~.., -" -< ,,' ,,~~ .... ~ - ) r .' "'. ,,-,..," r '1' Chm. 0' Shields' asked: if..,there was ,anyone:'presentto speak in ,favor of this " -, Special Use' Permit Application. ; ',' ':" ,-, "- c' I') "f i }- .. ,. - ~ ... ' ~ ' '" F Mr. Otto Gaskins, General Manager of Raysand Building Corporation, represented the owner of ' the property ,Mr' -Lynn W:' Bazemore. ,Mr. Gaskinsc,was duly-sworn and testified to the accuracy- of..inforrilation presented:by the, Planning' Director:'and' answered questions on the Special Use Permit Application. o Chm. O'Shields asked if there was anyone present who wished to speak in opposition to"thisjapplication'and'no'one appeared.' Upon MOTION by Comm. Gottovi;-SECONDED by Comm. Armistead, the following Order Granting the Special Use Permit was UNANIMOUSLY adopted: - - r:-. ,Or, . j-,......- r _ ... _' " .; -,- I. ^ . ,., . . ., T The"County ,Commissionersfoi New Hanover'County having heldia:public hearing on December' 1'," '1980..to consider application mlmber S.:.159 11/80 submitted by Lynn Bazemore, I a request for a special use permit to use the property located' at west,'side U. S. Hwy. 17 at junction with Military Cut-off Road for : storage and warehousing'; and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: .,:-^ 712 MINUTES OF REGULAR MEETING, DECEMBER 1, 1980 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 1.6 ACRES) LOCATED ON THE WEST SIDE OF U. S. HIGHWAY 17 AT'jUNCTION WITH MILITARY CUTOFF ROAD FOR STORAGE AND WAREHOUSES IN A B-2 (HIGHWAY.'BUSINESS) DISTRICT. (CONTINUED) 1. The County Commissioners!FIND as a:FACT that all of the:specific'require- ments set forth in Section 72- of the County Zoning Ordinance will be satisfied if the property"is developed in accordance with the plans submitted 'to, 'the County Commissioners. (Specify which requirements, if any, are not satisfied by the' proposed development). ,"I' -"', .:"'r-(' ' '';: ' 2. 'It :lS' the 'County Commissioners' CONCLUSION, that the proposed' use does 0 satisfy the first'_general requirement'C'listed in'tlie Ordinance; namely"that:,the, use will not materially endanger the ilUblicchea:1th' or safety if located ,'where ' proposed and developed according to the plan as submitted and approved. In support of thisrconclusion,'the Commissioners make the following FINDINGS OF FACT: r- '."".'" 1. No effluents or waste material will be discharged from the property. 2. ' Tlie"addrtion of'16 miti.i-warehouse units will not create, any traffic '" iifoblems on Hwy. 17., ' ,"'T - 'I'~T" -. - -... - 3... It is'the"Couti.ty Commissioners' cCONCl;USION 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. 2. The proposed warehouses are' ',fl'petm::i,tted use in the B-2 The proposed use has 8 parking spaces, therefore meets requirements of sections 80 & 81 of the Ordinance. '''3; 'The proposed structure has a front yard of 255', side 22' and 155',and a rear yard of 170', therefore meets requirements of Section 55-4 of the Ordinance. "'ri ,-~(J' ~l~ _ J . ,.. ..'. ('" " district. the parking yards of'c the ..1 '.0' 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:,>, ,'d' ",' ..-; o 1. The use presently exists on the property. 2. The proposed use adjoins 'commercially developed property on the south and vacant commercial property on the north. ,'- . , i 5. It is the County Commissioners' CONCLUSION that the proposedcuse does' satisfy the fourth general requirement listed in the ordinance; namely that the' locatfori"imd charaCter 'of the use if developed_according to the plan as submitted and approved'Mill'be in harmony with the area in which it is to be located and in general~cphformity with the plan of development for New Hanover'County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: , .., ,-r; f:'-.' -' ~,_ --,~) . :.1 .; ~'=-,f'-. Ie nj ''lu ! --!..~,. -1; The use is located in a large:!B,.,2'zone with a variety'of commercial uses surrounding the property. 2. The Growth Policies for New Hanover County encourage the development of commercial land to satisfy expanding consumer needs. . 3. Development of this parcel would not detract from any future residential development as site adjoins Seaboard Coastline Railroad. 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: ,L "j o a) That the applicant shall fully comply with all of the specific':' requirements stated in the ordinance for the proposed use, as well as ,any additional conditions hereinafter stated. , b) If any of the conditions imposed by this special use permit shall be heldrinvalid beyond the authority of this Board of Commissioners by a' court of competent jurisdiction then this permit shall become void and of, no effect. '...'i.: - -, .... c" ~ .~ . c) Other;," .,,;j 8' -'r.-. "i "1 (, < - ... ~ r, :<,...". . ;. ,~r, ,:".1', Ordered this 1st day of December, 1980. o o o '..',. ,1, 713 MINUTES OF REGULAR MEETING, DECEMBER 1~ 1930 (CONTINUED) :t. PUBLIC FEARING TO~CONSIDER A!~ APPLICATIO~ FOR SPECIAL USE PERMIT'TO'USE'PROPERTY (APPROXIMATELY 1/4 ACRES) LOCAT~D ON TEE SOUTH SIDE OF GORDON ROADP~PROXIMATELY 845 FEET WEST OF NORTHBROOK "RIVE INTERSECTION FOR A PUBLIC UTILITY BUILDING IN AN R-15 (RESIDENTIAL),DISTRICT. Planning Director Dexter Hayes presented the background information on this Special Use Permit,Application and reported that the Planning 30ard had'considered the application at its meeting in November and recommended approval. Chm. O'Shields'asked if 'there was anyone present to speak in favor of this Special Use Permit and Mr. Tim Winstead of Southern Bell Telephone Company and Mr. James E. Wallace, a local real estate broker, were duly sworn. Mr. Winstead answered questions'presented by Mr; Louis Poisson, A,ttorney for the'Petitioner, and testified to the accuracy of information presented by the Planning Director. Mr.,\linstead presented a picture of a building, similar to tlie one being proposed for construction' which wa's labeled as applicant 'sExhibit "A". '."r. '=' ,','" Mr. Wallace:answered'questions fr08 the petitioner's attorney in'regard to the effect on ,the value of surrounding property., " Attorney'Poisson presented a copy of an amendment to the Restrictions on the adjacent subdivision which allowed for construction of the utility building, and the amendnent was 'labeled as applicant's Exhibit "BOO. Chm. O'Shields asked if there was anyone present to speak in opposition to this application for Special Use Permit and no one appeared in opposition. Planning Director'Hayes reported that the 'Planning Board had 'also recommended an additional, condition be,imposed on the permit to provide 'for a'10 foot buffer to be retained on the 'property adjacent to the residential uSes. ~ Upon MOTION by Co~m. Blake, SECONDED by Co~m. Armistead, the following' Order Granting the Special Use Permit was tmANI~OUSLY adopted: I I The County Commissioners for New Hanover County having held a public hearing on December 1, 198.0, to consider application number S-J.54 11/80 submitted by Southern Bell" a, request for a special' use permit to use the property located at south side of Gordon'Road approximately BaS feet ,west of intersection with Northbrook Drive for public utility building, and having heard all the evidence and arguments' presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLlJS IONS: 1. The County Commissioners FIND as a FACT that all of the specific require- ments 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. (Specify which requirements, if "any, are not satisfied by the proposed development). " ' -,T' '" 'C n-' , ,- 'r, -,., ":., r,~.- .:, ~ , , 2. It is the County Commissioners' CONCLUSION that t~e proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially ,endanger t~e 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: There will be no exposed. wires, no noises, odors, smoke, dust-or other objectionable matters emitting from the use of the building. 2. ' The utility building will ,be used for connection of 'telephone' distribution lines and is water tight to protect electrical connections. 3. Limited access to the site will pose no traffic problems on Gordor. Road. 3. It is the County Co~~issioners' the second general requirement listed in required conditions and specifications. make the following FINDINGS OF FACT: CONCLUSION that the proposed use does satisfy the Ordinance; n2mely that the use meets all In support of this conclusion, the Commissioners 1. 2. The public utility building iSla permitted use in the R-15 district. The proposed structure has a ,front ,yard, of 90', side..yards of 10' and , ' , 45'+, and a rear yard of 47', therefore meets the requirements of Section 52-4 of the Ordinance. I The proposed use has a lot area of approx. 21,802 sq. ft., therefore satisfies the requirements of Section 52-4 of the Ordinance. 1. 714 MINUTES OF REGULAR MEETING, DECEMBER 1, 1980 (CONTINUED) PUBLIC HEARING'TO CONSIDER AN 'APPLICATION'FOR-SPECIAL USE PERMIT TO-USE'PROPERTY (APPROXIMATELY 1/4 ACRES) LOCATED ON THE SOUTH 'SIDE OF GORDON ROAD APPROXIMATELY 845 FEET WEST OF NORTHBROOK DRIVE INTERSECTION 'FOR A PUBLIC UTILITY BUILDING IN AN R-15 (RESIDENTIAL) DISTRICT. (CONTINUED) . ..,,(' 4. ,It, is' the',County Commissioners' CONCLUSION that the proposed use does satisfy the thirdcgeneral 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; 'Addition of small utility 'building will not affect adjoining property values. 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 surrounding area is residential and wooded; construction of the structure on a wooded lot will be 'in conformity with the area. 2. The structure is needed to provide residences with adequate telephone -' ~ service: . ,.- 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 tne'applicant shall fully comply'with all of the 'specific requirements stated in the ordinance 'for the proposed use, as well as any a?ditional conditions hereinafter stated. If' any of the conditions imposed:by,thts special use permit ~hall' be' held invalid beyond the authority ?r this Board of Commissione{s' b~ ,a " court' of 'competent jurisdiction then this permit shall become void and 'of no effect. . .. -.,- , '~ - b) o c) Other: That a'natural buffer, at least ten feet in width, be retained on the property adjacent to residential uses. Ordered'this 1st day of December, 1980. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 3 ACRES) LOCATED ON THE NORTH SIDE OF OLEANDER DRIVE APPROXIMATELY 350 FEET WEST OF WILLOW WOODS DRIVE INTERSECTION FOR A HOME FOR THE AGED AND INFIRM IN AN R-15 (RESIDENTIAL) ZONE. Planning Director Dexter Hayes presented the background information on this 'case" and reported that the Planning Board 'hid" considered this application at 'its meeting in November and recommended approval: ' Chm. O'Shields asked if there was anyone present to speak in favor of this applicat'ion 'for Spec~al, Use Permit,;~ Mr. Pernii t . accuracy Joe Johnson was duly sworn and presented his request for Special Mr. Johnson then answered questions 'from the Board and testified of information presented by Planning 'Director Hayes. ' Use to the 'Chm. -"0' Shields asked if there "was' anyone )jresent 'to speak in opposftion, and no one"appeared in opposition. 'l":: 1'- o Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the following Order Granting the Special Use Per~it was UNANI~O??LY adopted: The County Commissioners for New Hanover County having held a public hearing on December 1, '1980 to consider application number S-155 11/80 submitted by Mae G. Wallace, a request for a special use permit to use the property located at north side of Oleander Drive approximately 350' west of Willow Woods Drive inter- section for a Home for the Aged & Infirm, and having heard all the evidence and arguments; presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: o o o 715 MINUTES OF REGULAR MEETING, DECEMBER 1,1980 " PUBLIC HEARING TO 'CONSIDER AN APPLICATION FOR SPECIAL USE PE~~IT' TO USE PROPERTY (APPROXIMATELY' 3: ACRES) LOCATED ON THE NORTH SIDE OF OLEAllDER"DRIVE APPROXIHATELY 350 FEET WEST OF WILLOW WOODS DRIVE INTERSECTION FOR A HOME FOR THE AGED lL~D INFIRM IN AN R-15 (RESIDENTIAL) ZONE. (CONTINUED) 1. The County Commissioners FIND as a FACT that all of the specific require- ments set forth in Section 72- of the County Zonine Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development). 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. The use has been in existence since 1959; proposed addition will not change the use. 2. The enlarged laundry facility will improve the health care to residents of the facility. 3. There will be no increase in the number of beds. 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. Nursing homes are a permitted ,use in the R-15 district. 2. The proposed addition to the rear of the building has side yards of 10' and 215' and a rear yard of 40', therefore meets the dimensional requirements of Section 52-4 of the Ordinance. I 4. It is the County Commissioners' CONCLUSION that the proposed use doe~ satisfy the third general requirement listed in the ordinance; namely that the location and character o'f 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. A mixture of commercial and residential uses surround the property; a mobile home park on the east, and a drive-in theatre to the west. 2. The County growth policies encourage the constant availability of housing to all individuals and that it be located in a quality en- vironment; the nursing home will provide a type of housing required by individuals needing the care and structured activities offered by a home for the aged and infirm. 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 OF~ERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) Other: Ordered this l~t day of December, 1980. I 716 MINUTES OF REGULAR MEETING, DECEMBER 1, 1980 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE,PROPERTY (APPROXIMATELY 1.8 ACRES) LOCATED ON THE SOUTHWEST CORNER OF MILITARY 'CUTOFF ROAD AND ALLEN'S LANE INTERSECTION FOR OFFICES AND WAREHOUSES IN A B~2 (HIGHWAY BUSINESS) ZONE. Planning Director Dexter Hayes case and'reported that the Planning meeting ~in November and recommended presented Board had approval. the background information on this considered this application at its Chm. O'Shields asked if there was anyone present to speak in favor of this application. Mr. Johnnie C. Parker III, President of Parker Food Stores, the petitioner, 0 was duly sworn and presented his request for approval of the Special Use Permit. Mr. Parker testified to the accuracy of information presented by ,the Planning Director and~"answered questions from the Commissioners. '(II Chm. O'Shields asked if there was anyone present to speak in opposition to this application for Special Use Permit and no one appeared in opposition. Upon MOTION by Comm. Blake; SECONDED by Comm. Barfield, the 'following Order Granting the Special Use Permit was UNANIMOUSLY adopted: The County Commissioners for New Hanover County having held a public hearing on December 1, 1980 to consider application number S-157 11/80 submitted by Johnnie C. Parker III, a request for a special use permit to use the property located at southwest corner of Military Cut-off Road and Allen's Lane intersection for offices and warehousing~ and having heard all the'evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72- of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. (Specify which requirements, if any, are not satisfied by the proposed development).' 2. It is the County Commissiohers!"CONCLUSION that the proposed use does'satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if :, located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make ,the follow- ing FINDINGS 'OF FACT: o 1. The use is an expansion of an existing business. '2~ The proposed addition will reduce the traffic hazard to residences on Allen's Lane by allowing trucks to enter the site from Military Cut~off Road. 3. No effluents or waste will be discharged from the property. 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 )"INDINGS OF FACT: 1. Offices and warehouses are a permitted use in a B-2 district. 2. The proposed structure is set back approximately 55' from Military Cut-off Road, has side yards of 155' and 55'+, and a rear yard of 50', therefore meets the dimensional requirements of Section 55-4 of the Zoning Ordinance. 3.' Twenty-two parking spaces are provided and parking areas are setback greater than 10' from the right-of-way, therefore the use meets ,requirements of Sections 80 and 81 of the Zoning Ordinance. o 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this con- clusion the Commissioners make the following FINDINGS OF FACT: 1. The use presently exists on the site. 2. The proposed addition will improve the value of surrounding properties. o o o 717 MINUTES OF REGULAR MEETING, DECEMBER 1, '1980 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PER~IT TO USE PROPERTY (APPROXIMATELY 1.8 ACRES) LOCATED ON THE SOUThVJEST COIL~ER OF ,MILITARY CUTOFF ROAD AND ALLEN'S LANE INTERSECTION FOR OFFICES MID WAREHOUSES IN A B-2 (HIGHWAY BUSINESS) ZONE. (CONTINUED) 5. It is the County Commissoners' 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. Most of the surrounding area is vacant. 2. Very, little neighborhood change has occurred since special use permit for existing business was issued in 1973. 3. New Hanover County Policies for growth and development state that adequate commercial space in appropriate locations be provided to insure development that will conveniently satisfy expanding 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 issuance of a SPECIAL USE PERMIT be GRA!.TED, subject to the following conditions: a) That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any'additional conditions hereinafter stated. b) If any of the conditions imposed by this special use permit shall be" held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. c) Other: Ordered this 1st day of December, 1980. BREAK Chm. O'Shields recessed the meeting for a break from 8:40 o'clock p.m. until 8:55 o'clock p.m. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 1.8 ACRES) LOCATED ON THE NORTH SIDE OF BRIDGE ROAD, APPROXIMATELY 2600 FEET WEST OF BEACH ROAD INTERSECTION (FIGURE 8 ISLAND) FOR A COMMUNITY BOATING FACILITY IN AN R-20 (RESIDENTIAL) DISTRICT. Planning Director Dexter Hayes gave the background information on this case and reported that the Planning Board had considered this application at the meeting in November and recommended approval. Chm. O'Shields asked if there was anyone present to speak in favor of this application for Special Use Permit. !1r. Alfred F. Platt, representing the owner of the property, and presented his request for approval of the Special Use Permit. questions from the Commissioners and testified to the accuracy of presented by the Planning Director. was duly sworn Mr. Platt answered information' Chm. O'Shields asked if there was anyone present to speak in opposition to this application for Special Use,Permit and no one appeared in opposition. Upon MOTION by Comm. Gottovi, SECONDED by Comm. Armistead, the following Order Granting the Special Use Permit was UNANIMOUSLY adopted: The County Commissioners for New Hanover County having held a public hearing on December 1, 1980 to consider application number SU-158 11/80 submitted by Continential Illinois Realty, a request1for a special use permit to use the property located at north side of Bridge Road, approximately 2600' west of Beach Road inter- section for a community boating facility, and having heard all the evidence and , , ' arguments presented at the hearing, mak~s the following FINDINGS OF FACT and draws the following CONCLUSIONS: : 718 MINUTES OF REGULAR MEETING, DECEMBER 1, 1980 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 1.8 ACRES) LOCATED ON 'THE NORTH SIDE OF BRIDGE ROAD, APPROXIMATELY 2600 FEET WEST OF BEACH ROAD INTERSECTION (FIGURE 8 ISLAND) FOR A COMMUNITY BOATING FACILITY IN AN R-20 (RESIDENTIAL) DISTRICT. (CONTINUED) 1. The County Commissioners FIND as a FACT that all of the specific require- ments set forth in Section 72-30 of the County Zoning Ordinance will be satisfied if the property is developed in accordance'with the plans submitted to the County Commissioners. (Specify'which requirements, if any, are not satisfied by the proposed development). "0' , 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 endangerr the public heelth or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion; the Commissioners make the follow- ing FINDINGS OF FACT: o 1. Most of the surrounding area is marshland; no marshlands will be excavated. 2. The proposed ramp will be installed on a causeway. 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the 0rdinance;nainely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. Community Boating Facilities are a permitted use ih the R-20 district. 2. The parking area is setback '30' from Bridge Road, therefore satisfied the requirements of Section 80. 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. The proposed facility is surrounded by property under the same ownership. ' " 2. No residential lots are proposed in the vicinity of the property. 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 facility is consistent with surrounding develop- ment; a marina facility & docks are located east of the site. 2. The Land Classification Map designates this area as conservation which encourages very low development densities; the land will be maintained essentially, in its' natural state. 3'. No Marshlands will be' excavated. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issue of a SPECIAL USE PER.~IT 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 w~ll as any additional conditions hereinafter stated. b) -If any o'f the conditions imp~sed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a ", 'CO;U:rt of competent jurisdiction then this permit shall become void and of no effect. o c) Other: The right to use the facility must be conferred by an easement appurtenant to the lots it is intended to serve. d) No commercial activities shall be conducted within the confines of the facility. o o o 719 MINUTES OF REGULAR MEETING, DECEMBER,i, i980 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE'PERMIT TO USE PROPERTY (APPROXIMATELY 1.8 ACRES) LOCATED ON THE NORTH SIDE OF BRIDGE ROAD, APPROXIMATELY 2600 FEET VlEST OF BEACH ROAD INTERSECTION (FIGURE 8 ISLAND) FOR A COMMUNITY BOATING FACILITY IN AN R-20 (RESIDENTIAL) DISTRICT. (CONTINUED) e) Design and construction of the ramp must be approved by CP~A and the Corps of Engineers. Ordered this 1st day of December, 1980. PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMEIlDMENTS Planning Director Dexter Hayes gave the background information on the proposed amendment to Section 72-5 of the Zoning Ordinance and reported that the Planning Board had considered the amendments at their meeting in November and recommended approval. Upon MOTION by Comm. Armistead, SECONDED by Comm. Gottovi, the following amendment to Section 72, Subsection 72-5 of the Zoning ORdinance was UNANIMOUSLY approved: Amend Section 72, Additional Restrictions imposed on Certain Special Uses, Subsection 72-5 Apartments-Multi-Family Dwellings: A. Amend the first paragraph to read: All residential construction consisting of three(3) or more attached dwelling units shall be subject to the following conditions: B. Amend Subsection 72-5(1)A to read: Proposed multi-family developments containing more dwelling units than would be possible should the parcel of land be divided into single I family lots shall have direct and adequate access to an existing collector or arterial facility as indicated on the New Hanover County Thoroughfare Classification Plan; The adequacy of the facility which provides direct access from the residential area of the proposed development to the collector or arterial shall be judged in terms of its ability to: (1) Safely handle the traffic generated by the proposed development; (2) Accommodate the safe and efficient delivery of public services; and (3) Prevent to every degree possible the traffiC',generated by the proposed development from intruding into existing or proposed residential development. Such access shall be designed to comply with the local residential street standards found in the "North Carolina Department of Transportation Subdivision Roads, July 1, 1979 - Minimum Construction Standards" manual, or as thereafter amended. (11/5/79) ,: For the purpose of this subsection and subsection 72-5 (2) maximum density for detached single-family development shall be determined by the following formula: Gross Land Area Minimum Lot Area + Y, (Minimum R/W x Minimum Lot Width) Should the Gross Land Area of a particular site contain areas below the mean high water line, natural features such as ponds, marshes, streams, or other environmentally sensitive features those parcels shall be examined by the Planning Department on a case by case basis, in order to determine the Gross Land Area. C. Amend Section 72-5(2) to read: Have central sewage treatment facilities consisting of a connection to municipal or County treatment plants or adequate private package treatment plant approved by the New Hanover County Health Department and North' Carolina Department of Natural, and Economic Resources, Division of Environmental Management except that multi-family projects served by individual septic tanks may be permitted, provided the overall density does not exceed that of detached single-family development. I 720 MINUTES OF REGULAR MEETING, DECEMBER 1, 1980 (CONTINUED) PUBLIC HEARING TO CONSIDER ZONING ORDINANCE TEXT AMENDMENTS (CONTINUED) Amend Section 23, Definitions, 'Subsection 23-10, Dwelling, Multiple Family to read: A residential building'designed for 'or occupied by three (3) or 'more families, with the number of families in residence not exceeding the number of dwelling, units provided. Amend Section 51, R-20 Residential District, Subsection 51-3, Special Uses, by adding: (28) Duplexes with a minimum lot area of 35,000 square feet. Amend Sections 52, R-15 Residential District, Subsection 52-2, Permitted Uses, by adding: ~" o (13) Duplexes with a minimum lot area of 25,000 square feet. , , Amend'Section 53, R-10 Residential District, Subsection 53-3, Special Uses, by adding: (28) Duplexes'with a minimum 'lot 'area of 15,000 square feet. Planning Director Dexter Hayes gave the background information on the proposed amendment to Section 55 of the-Zoning Ordinance and reported that the Planning Board had considered the amendments at their meeting in November and recommended-approval. Chm. O'Shields asked if there was anyone present to speak in favor of or in opposition to this amendment to the Zoning Ordinance and no one appeared. 'Upon MOTION by Comm. Armistead, SECONDED by Comm. Gottovi, the following amendment to Section 55, Subsection 55-2 of the Zoning Ordinance was UNANIMOUSLY approved: Amend Section 55, B-2 Highway Business District, subsection 55-2 Permitted Uses by adding: (24) Building Contractors and related activities. o Planning Director Dexter Hayes gave the background information on the proposed'amendment to Section 80 of the Zoning Ordinance and reported that the Planning Board had considered the amendment at their meeting in November and recommended approval. ~ ' . , . l Chm. O'Shields asked if there was anyone present to speak in opposition to this amendment and no one appeared. Upon MOTION by Comm. Armistead, SECONDED by Comm. Blake, the following amendment to'Section 80, Subsection 80-4 of the Zoning Ordinance was UNANIMOUSLY approved: Amend Section 80, Off-Street Parking Requirements, Subsection 80-4 Remote Parking Space to read: If the off-street parking space required by this section cannot be reasonably provided on the same lot on which the principal use is located, such space may be provided on any non-residential zoned iand within four hundred (400)'feet of the main entrance to principal use. ,PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE SUBDIVISION ORDINANCE TEXT Mr. Ken Silliman of the Planning Department gave the background information 0 on the proposed amendment to the Subdivision Ordinance Text pertaining to the provision of cost estimates on final plat submissions. Chm. O'Shields asked if there was anyone else present to speak on this amendment and no one appeared. Upon MOTION by Comm. Armistead, SECONDED by Comm. Gottovi, the following Ordinance amending Article V, Section 2.1 (d) of the Subdivision Ordinance was UNANIMOUSLY adopted: o o o 721 MINUTES OF REGULAR MEETING, DECEMBER 1,' 1980 (CONTINUED) PUBLIC HEARING TO CONSIDER AN AMENDMENT TO'THE SUBDIVISION ORDINANCE TEXT (CONTINUED) Section 1. adopted February as follows: That the Subdivision 17, 1969, as amended County of New Hanover hereby further amended Regulations of the be and the same is I Amend Article V, Section 2.1 (d) as follows: The first section of a subdivision, submitted as a final plat, may be approved without installation of required improvements... However, prior to the approval of another section of the subdivision, all ireprovements in the first section approved under this procedure shall be installed according to the requirements of the Subdivision Regulations. A subdivider who elects to have his final plat considered under the procedures of this section must furnish an estimate of the cost of remaining planned improvements. The estimate must be certified by a civil engineer and shall be submitted to the Planning Department on the same date that the final plat is submitted for consideration. The procedures specified in this section (d) may be continued provided at least 25 lots of the approved preliminary plan remain unrecorded. Final plat approval of the last section of a subdivision or a final plat constituting the entire subdivision will be granted only under the conditions stated in,a, b, or c above. Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such conflict, is hereby repealed. 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 1st day of December, 1980. ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PORTION OF WOOD DALE DRIVE' Planning'Director Dexter Hayes gave the background information on the petition to close a portion of Wood Dale Drive and reported that the Planning Board had considered this request at the meeting in November and recommended denial. The petitioners had appealed the Planning Board's recommendation of denial to the County Commissioners for consideration. Chm. O'Shields asked if there was anyone present to speak on this matter and the following residents of the area commented: Mr. Kenneth Toussaint appeared before the Board to request approval of the street closing and presented a petition signedbyarea residents who wished to have the street closed. Mr. Harry Lovic, a resident of the area, appeared to speak in favor of the street closing. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, in regular meeting assembled on this the 1st day of December, 1980, as follows: 1. The Board of County Commission~rs intends to close a portion of Wooddale Drive in Winter Park Area, Pine Hills Subdivision in New Hanover County as follows: A portion of Wooddale Drive running from the northern right of way of Pine Hills Drive 170' to the southern right 6f way of Riegel Road and the County Clerk is hereby directed to cause this resolutiorl to be published once a week for four successive weeks pursuant to G. S. 153A~241. 720 -~~ MINUTES OF REGULAR MEETING, DECEMBER 1,1980 (CONTINUED) RESOLUTION OF INTENT TO CLOSE A PORTION OF WOOD DALE DRIVE (CONTINUED) 2. ,The 'Commissioners will hear all persons on the question of whether or not the closing would be detrimental to the public interest, or the property rights of any individual, at a public 'hearing to be held on the 5th day of January, 1981, at 7:00 p.m. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, and the County Clerk is hereby directed to send by registered mail or certified mail a copy of this resolution to all owners of prpperty adjoining portions of the above road, passageway or easement as reflected by the tax, records of New Hanover County, and to post in at least two places along, said road, passageway or easement or portion of road, passageway or easement proposed to be closed a notice of said hearing. The foregoing resolution of the'Board of Commissioners of New Hanover County adopted at a meeting aforesaid. o APPROVAL OF APPLICATION FOR FUNDS FOR ROAD SIGNS Comm. Gottovi MOVED, SECONDED by Comm. Armistead, to approve the applic- ation for funds from the Governor's Highway Safety Program to initiate a program to place street name signs at all 'intersections within the unincorporated areas of the County. Planning Director Dexter Hayes explained the program and reported that, if approved, the grant from the Governor's Highway Safety Program would amount to 70% of the sign costs with the County paying the remaining 30% plus being responsible for the installation and maintenance of the signs. Mr. Bill Huffine, a local developer, commented in favor of this project. Mrs. Myrtle Barnhill commented. Comm. Gottovi amended her motion to include the transfer of $15,000 from Contingencies to provide matching funds, a provision for people who live on private roads to purchase those signs and a request to the Planning Department to prepare an amendment to the Subdivision Regulations to require street sign- age by the developer. Upon vote, the motion carried UNANIMOUSLY. (This motion was amended later in the meeting). o ADDITIONAL FUNDING FOR INFORMATION & REFERRAL PROGRAM Mr. AI Sebian, President of the Voluntary Action Center and I & R Board of Directors; Mrs. Carolyn Gruelle, Executive Director of VAC; and Mr. Bill Hobbs, United Way Executive Committee Representative, appeared before the Board to explain the necessity of requesting additional funding , from the County'and answered questions from the Commissioners. Comm. Gottovi MOVED, SECONDED by Comm. Barfield, to approve the request for additional funding in the amount of $9,635 through June and ask that I & R work with the County in determining space in the Library to be used 'next year and to approve the transfer of funds from Contingencies to Contributions to Other Agencies. Upon vote, the motion carried AS FOLLOWS: Voting Aye: Voting Noe: Comm. Barfield, Blake, Gottovi and Chm. O'Shields Comm. Armistead LEASE AGREEMENT WITH JETSTREAM COMPANY FOR PROPERTY AT AIRPORT County Manager Cooper explained the proposed lease agreement with Jet- stream Company for a Limited Fixed Base Operation at the Airport. He reported that the $10,000 referred to in the Lease had been deposited with the County and that the terms of the proposed agreement had been advertised again in accordance with the General Statutes of North Carolina. Upon MOTION by Comm. Armistead, SECONDED by Chm. O'Shields, the Lease Agreement with Jetstream Company was UNANIMOUSLY approved and the Chairman was authorized to execute it. o EMS STUDY COMMITTEE "The County Manager and Assistant County Manager explained the proposal for establishment of a committee to study the Emergency Medical Service System in the County and to develop some comprehensive recommendations in regard to EMS. Chm. O'Shields suggested that a City of Wilmington Administrative repre- sentative also be added to the committee. o o o ,--- 723' MINUTES OF REGULAR MEETING, DECEMBER 1, 1980 (CONTINUED) , EMS STUDY COMMITTEE (CONTINUED) I Comm. Gottovi suggested that a representative from the Sheriff's Department be, added to the committee. I ' It was agreed by common consent that Comm. Gottovi would serve as the County Commission representative on the committee. By common consent' the EMS study committee was approved to be comprised of the following representatives: Carolina Beach Fire Department/Rescue New Hanover Volunteer Rescue Wilmington Fire Department/Rescue Ogden Volunteer Rescue Private Provider New Hanover County Commissioners Wilmington City Council Carolina Beach Town,Council Kure Beach Town Council Wrightsville Beach Town Council New Hanover Memorial Hospital ' Cape Fear Memorial Hospital Nursing Home Representative Representative from the County Medical Society County Manager or designated Representative Civil Preparedness Director Council of Governments Representative State Office of Emergency Management Service Rep. City Manager or designated Representative Sheriff's Department Representative Cape Fear Technical Institute Community at Large Representatives 1 1 1 1 '1 1 1 1 1 1 '1 1 1 1 1 1 1 1 1 1 1 3 URBAN GARDENING PROGRAM The Commissioners had been furnished information on a proposed Urban Gardening Program involving the use of vacant surplus city and county owned property and a copy of a proposed lease for use of the property in this program.. After discussion by the Commissioners, it was agreed that the lease should be redrawn and brought back to the next meeting for review. ADDITIONAL ITEMS - COUNTY COlfMISSIONERS, COUNTY MANAGER AND GENERAL PUBLIC 'DISCUSSION ON CLEAN COM11UNITY CITIZENS 'TASK FORCE Comm. Gottovi commented on the letter from the Clean Community Commission concerning the establishment of a Citizens Task Force to help with the PR work, etc. on the consultant's recommendations and requested it be placed on the agenda for the meeting of December 15 for discussion. DISCUSSION ON CONTINUANCE OF MEETING TO DECEI1BER 8 FOR PUBLIC HEARING Chm. O'Shields asked whether or not it would be proper;:to adjourn this meeting to December 8 for the landfill public hearing instead of calling a Special Meeting since it had already been advertised and was advised ' by the County Attorney that it would be better to call a Special Meeting. RESOLUTION APPROVING APPLICATION FOR FUNDS FOR ROAD SIGNS The County Manager explained that it was necessary to appropriate $18,840 for the road signs approved earlier in the meeting instead of the $15,000. Upon MOTION by Comm. Gottovi, SECONDED by Comm. Blake, the following Resolution was UNANIMOUSLY adopted approving the application and appropriating the funds: WHEREAS, the New Hanover County Board of Commissioners herein called the "Applicant" has thoroughly considered the problem addressed in the application entitled New Hanover Street Signini Project and has reviewed the project d~scribed in the application; and I ! , , 724 MINUTES OF REGULAR MEETING, DECEMBER 1, 1980 (CONTINUED) ADDITIONAL ITEMS - COUNTY COMMISSIONERS, COUNTY MANAGER AND GENERAL PUBLIC (CONTINUED) RESOLUTION APPROVING APPLICATION FOR FUNDS FOR ROAD SIGNS (CONTINUED) WHEREAS, under the terms of Public Law 89-564 as amended, the, United States of America has authorized the Department of Transportation, through the North Carolina Governor's Highway Safety Program to make federal grants to assist local governments in the improvement of highway safety, NOW THEREFORE BE IT RESOLVED BY THE New Hanover County Board of Commissioners IN OPEN MEETING ASSEMBLED IN THE CITY OF Wilmington, NORTH CAROLINA. THIS 1st DAY OF December, 1980, AS FOLLOWS: 1. That the project referenced above is in the best interest of the Applicant and the general public. o 2. That New Hanover County Planning Department be authorized to file, in behalf of the Applicant, an application in the form prescribed by the Governor's Highway Safety Program for federal funding in the amount of $43,960 to be made to the Applicant to assist'in defraying the cost of the proJect described in the application. 3. That the Applicant has formally appropriated the cash contribution of $18,840 as required by the project. 4. That the Project Director designated in the application form shall furnish or make arrangements for other appropriate persons to furnish such information, data, documents and reports pertaining to the project, if approved, as may be required by the Governor's Highway Safety Program. ' 5. That certified copies of this resolution be included as part of the application referenced above. 6. That this resolution shall take effect immedicately upon its adoption. o DONE AND ORDERED in open meeting. CULTURAL RESOURCES GRANT FOR COURTHOUSE STUDY The County Manager explained that the County's application for a pre~' development grant to provide architectural and engineering services for the New Hanover County Courthouse was approved by the N. C. Historical Commission for proposed funding by the Heritage Conservation & Recreation Services ~ - . HI Comm. Armistead MOVED, SECONDED by Comm. Gottovi, to approve up to $13,000 for matching funds for the grant/to provide architectural services for the New Hanover County Courthouse with the money to come from Contingencies. Upon vote, the motion carried UNANIMOUSLY. DESIGNATION OF COMM. BLAKE AS VOTING DELEGATE FOR LEGISLATIVE GOALS CONFERENCE By Common Consent Comm. Blake was designated as the voting delegate for the NCACC Legislative Goals Conference in Pinehurst on December 10 and 11, 1980. AUTHORIZATION FOR CHAIRMAN TO SIGN CONTRACT WITH RAYSAND BUILDERS FOR AIRPORT BUILDING The County Manager explained the Contract with Raysand Builders for con- struction of a building at the Airport to house the Crash-Fire-Rescue Unit. 'The contract was awarded to Raysand Builders at the meeting of November 17. Upon MOTION by Comm. Armistead, SECONDED by Comm. Blake, the Chairman was UNANIMOUSLY authorized to execute the Contract when the County Attorney had reviewed and approved it. o AUTHORIZATION FOR COUNTY MANAGER TO AWARD PLUMBING CONTRACTS FOR FLEMINGTON Comm. Blake MOVED, SECONDED by Comm. Armistead, to authorize the County Manager to accept the lowest responsible bid meeting the specifications for connecting the homes in Flemington to the water system with the amount to be limited to the amount available in the Contingencies Account for that project in order to prevent further delays. Upon vote, the motion carried UNANIMOUSLY. o o o 725 MINUTES OF REGULAR MEETING, DECEMBER 1, 1980 (CONTINUED) ADDITIONAL ITEMS - COUNTY COMMISSIONERS" COUNTY MANAGER AND GENERAL PUBLIC (CONTINUED) COMMENTS ON PROTECTION FROM FREEZING OF TEMPORARY WATER SUPPLIES AT FLEMINGTON Mr. W. N. Jordan and Mrs. Eva Yates commented on the necessity of taking steps to prevent the temporary water supplies at Flemington from freezing. COMMENTS ON BURTON STEEL LITIGATION The County Attorney commented on the status of the Burton Steel litigation. ADJOU&.'-'MENT Comm. Armistead MOVED, SECONDED by Comm. Gottovi, that the meeting be adjourned. Upon vote, the motion carried UNANIMOUSLY. Chm. O'Shields adjourned the meeting at 12:10 o'clock a'.m. / Respectfully Submitted, ~g,,.i?~ Alyce B. Rusmisell Clerk to the Board MItlUTES OF SPECIAL MEETING, DECEMBER 8, 1980 ASSEMBLY The New Hanover County Board of Commissioners met in Special Session on Monday, December 8, 1980, at 7:30 o'clock p.m. in the Assembly Room, New Hanover County Administration Building, Wilmington, North 'Carolina. Jr.; Jonathan Batfield; I Jr.; County Manager the Board, AlYCe/B. Chm. O'Shields called the meeting to order and stated the reason for the special meeting was to hold a public hearing to consider an application for Special Use Permit to use property located northwest of Blue Clay Road, approximately 2700 feet southwest of the intersection with Highway 132, ,for a Sanitary Landfill in an 1-2 (Industrial) District. Members present were Commissioners Howard L. Armistead, Donald P. Blake; Karen E. Gottovi; Chairman Claud O'Shields, George F. Cooper; County Attorney James C. Fox; and Clerk to Rusmisell. 'No members were absent. PUBLIC HEARING TO CONSIDER AN APPLICATION FOR SPECIAL USE PERMIT TO USE PROPERTY (APPROXIMATELY 201.8 ACRES) LOCATED NORTHWEST OF BLUE CLAY ROAD APPROXIMATELY 2700 FEET SOUTHWEST OF THE INTERSECTION WITH HIGHWAY 132 FOR A SANITARY LANDFILL IN AN 1-2 (INDUSTRIAL) DISTRICT. Notice had been given that a public hearing would be held by the Board of Commissioners of New Hanover County on Monday, December 8, 1980, at 7:30 o'clock p.m. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider an application for Special Use Permit to use property northwest of Blue Clay Road for a Sanitary Landfill in an'I-2 District. Chm. O'Shields outlined the procedures the Board wished to follow for Special Use Permit hearings. Planning Director Dexter Hayes gave the background information on the case and stated that the Planning Board had reviewed this application at its meeting on November 6 and failed to make a recommendation because of inadequate information at that time. He reported that the effect of the non-action by the Planning Board should be, ,d....med, as a favorable recommendation by the County Commissioners because they failed to take action within the 30 day required ,period. Chm. O'Shields called for the applicant's witnesses to make a statement and Mr. Felix Cooper, County Manager, was duly sworn and presented background information on the County's application for Special Use Permit. He then testified to the accuracy of information presented by the Planning Director and answered questions from the following persons: Mr. Herb Scott, Attorney representing some people opposing the Special Use Permit. Comm. Gottovi. , Mr. O. W. Strickland, Head of the Solid and Hazardous Waste Program for the N. C. Division of Health Services, was duly sworn and gave testimony concerning the State's involvement in the permitting process for the landfill. He stated that the following restrictions had been placed on the permit for the temporary landfill site on the Blue Clay Road: