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1999-01-04 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 1 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, January 4, 1999, at 6:30 p.m. in the New Hanover County Courthouse Assembly Room, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioner Buzz Birzenieks; Commissioner Ted Davis, Jr.; Commissioner Charles R. Howell; Vice-Chairman Robert G. Greer; Chairman William A. Caster; County Manager, Allen O’Neal; County Attorney Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Caster called the meeting to order and he welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE Clerk to the Board, Lucie F. Harrell, gave the invocation. Commissioner Howell led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Caster announced that time had been reserved to allow the public to present an item that was not listed on the Regular Agenda or to comment on an item that was listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. No items were presented. APPROVAL OF CONSENT AGENDA Motion: Chairman Caster MOVED, SECONDED by Commissioner Birzenieks to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the minutes of the Retreat held on November 21, 1998, and the Regular Meeting of the Board held on December 21, 1998, as presented by the Clerk to the Board. Authorization for Submission of Application to the N. C. Department of Transportation, Section 5311 Funds for the Human Services Transportation System The Commissioners authorized the submission of an application in the amount of $212,410 to the N. C. Department of Transportation, Section 5311 for FY 1999-2000. The funds will be used to assist with purchasing three new lift-equipped vans, administration assistance, and employee development for the Human Services Transportation System. The local match will be $26,204. The Chairman was authorized to execute the necessary documents. Approval of Rate Increase for Time Warner Cable The Commissioners approved an order allowing Time Warner Cable to charge the maximum permitted rate of $5.52 on the basic service tier. A copy of the order is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 1. Approval of Budget Amendment #99-0074 for the N. C. Health Choice for the Children Outreach Program - Health Department The Commissioners approved the following budget amendment: #99-0074 - Health/Child Health DebitCredit Child Health (N. C. Health Choice Outreach Grant) $3,145 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 2 Contracted Services$1,000 Printing 1,345 Departmental Supplies 800 Purpose: To budget additional State revenue from the N. C. Health Choice for the Children Outreach Program. Approval of Budget Amendment #99-0075 - New Hanover County Library DebitCredit Contributions $ 9,708 Aid to Public Library Fund 29,215 Temporary Salaries $ 5,000 Departmental Supplies 4,500 Capital Outlay - Equipment 19,715 Books and Periodicals 9,708 Purpose: To budget proceeds received from Friends of the Library book sale and donations, and the State Aid to Public Libraries. Ratification of Appointment of Theresa Clontz as an Extra-Territorial Member of the Kure Beach Planning and Zoning Commission The Commissioners ratified the appointment of Theresa Clontz, a resident of Wilmington Beach, to fill the vacancy on the Kure Beach Planning and Zoning Commission as recommended by the Kure Beach Town Council. Adoption of Resolution to Add Roads in Gorman Plantation to the State Highway System The Commissioners adopted a resolution to add roads in Gorman Plantation to the State Highway System. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXV, Page 1. PRESENTATION OF FEMA PROJECT IMPACT AWARDS TO MS. DEBBIE PRATT AND MR. LEE MCCONNELL Chairman Caster, on behalf of the Board, presented awards to the following persons: Ms. Debbie Pratt, Community Relations Coordinator, Barnes & Noble Bookstore, Wilmington, North Carolina, for the integral part she has played in the public education and awareness campaign for mitigation efforts in New Hanover County. She dedicated the month of June 1998 as “Hurricane Awareness Month” at the Barnes & Noble Bookstore. Each Thursday evening during the month, the community was invited to visit the store and hear speakers discuss the hurricane preparedness and mitigation techniques. Mr. Lee McConnell, Manager of Lowe’s in Wilmington, North Carolina, for demonstrating to the community how to implement mitigation and prevention measures to withstand the damaging effects of disasters. He used his store as a conduit for information to the community by providing mitigation information and services. Under his direction, Lowe’s of Wilmington has distributed thousands of hurricane preparedness and mitigation brochures. Chairman Caster, on behalf of the Board, expressed appreciation to Ms. Pratt and Mr. McConnell for the time and effort given to better inform the public about mitigation efforts. Director of Emergency Management, Dan Summers, recognized the effort and support of Ms. Pratt and Mr. McConnell in the Project Impact Program, and he stated this was a perfect example of the private sector and public sector working together to assist our citizens in being better prepared NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 3 for hurricane events. Director Summers informed the Board that FEMA was extremely proud of the projects initiated by Ms. Pratt and Mr. McConnell, and he advised that more than 650 representatives across the country have heard about their success stories. A round of applause was given to the recipients of the awards. Director Summers presented the new “Project Impact” video prepared by FEMA on disaster preparedness to show the future efforts of this initiative. Chairman Caster, on behalf of the Board, expressed appreciation to Director Summers for the success of Project Impact in New Hanover County. AUTHORIZATION FOR THE COUNTY MANAGER TO ENTER INTO A CONTRACT WITH BONEY ARCHITECTS TO EVALUATE THE CONDITION OF THE OLD AIRPORT TERMINAL BUILDING Deputy County Manager, Andrew J. Atkinson, reported on the need to determine the scope of work that will be required to bring the Old Airport Terminal Building to a reasonably habitable condition. After contacting Boney Architects, this firm will contract with New Hanover County to provide the following scope of work at a cost not to exceed $15,000 with the County being billed on a monthly basis: ? Cost estimate and feasibility study to upgrade the existing building. ? Cost estimate to build a new facility. ? Hold discussions with New Hanover County and the Airport Authority to complete the feasibility study. ? Appear before the New Hanover County Board of Commissioners to keep them informed about the study. Deputy County Manager Atkinson informed the Board that with the information provided by the scope of work, a plan can be developed for use of the facility by the Sheriff or the Airport Authority. If it is determined that upgrading the facility is cost prohibitive, a plan for relocation of the Sheriff’s Patrol can be developed. Vice-Chairman Greer asked if the evaluation would determine if the building should be renovated. Deputy County Manager Atkinson replied that the evaluation was needed to determine if the building should be demolished or if the building was worth repairing. Commissioner Davis asked why the County should pay the Airport $60,000 annually to rent a building owned by the County. Deputy County Manager Atkinson explained that in order for the Airport to be self-sufficient the Airport Authority has to rent its facilities. When the County needed to use the building for the Patrol Division, it was only fair to pay rent for use of the space. Commissioner Birzenieks asked if the building was in good condition, would the Airport have a good use for the facility. Airport Director, Will Plentl, commented on discussion concerning other possible uses of the building, and he said at the present time nothing has been identified because the Sheriff is satisfied with the Patrol Division in this location. He noted that if the Board decided to move the Patrol Division, this would not present a problem for the Airport because there should be no problem finding a tenant to use the space. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 4 Further discussion was held on relocating the Patrol Division. Vice-Chairman Greer suggested the Board consider moving the Patrol Division into the downtown area because the building is too valuable to have a runway up to the back door for use by the Patrol Division. This action would allow the Airport to have another use for the building. He advised that he was not opposed to the evaluation to determine if the building should be renovated; however, if the evaluation is performed, it should not be based on the assumption that the Patrol Division will remain in the building. If the County is going to construct another building in the downtown area, why not add another floor and increase the size of the parking deck to accommodate the space needs of the Sheriff’s Department. County Manager O’Neal provided background information on how the Patrol Division was moved to the Airport Terminal several years ago because of overcrowding in the jail, and he suggested approaching BellSouth about purchasing additional floors in the building at the corner of Fourth and Princess Streets. Vice-Chairman Greer suggested using a portion of the Hannaford Building for the Patrol Division. Deputy County Manager Atkinson reported that UNCW will be leasing the remaining space in the Hannaford Building. Vice-Chairman Greer asked if the Sheriff moves out, who would be responsible for leasing the building. County Manager O’Neal responded the Airport Authority would be responsible for leasing the building. Consensus: After a lengthy discussion on whether to consider moving the Patrol Division to another location, it was the consensus of the Board to defer action on this request and discuss this item at the retreat. APPROVAL OF POSITIONS FOR THE FOR THE AIRLIE GARDENS PROJECT AND COOPERATIVE EXTENSION SERVICES Dr. C. Bruce Williams, Director of Cooperative Extension Services, advised that in order for the Airlie Gardens project to be developed, three current Cooperative Extension Services positions will be eliminated and four Airlie Gardens and Cooperative Extension Services positions will be created making a net gain of eleven positions. The position classifications have been reviewed and approved by the Human Resources Department, approved by the Management Team, and funding was approved by the Board of County Commissioners on December 7, 1998. The positions are as follows: 1 - Superintendent of Gardens 2 - Crew Leaders 7 - Landscape Technicians 1 - Administrative Assistant II 1 - Administrative Secretary 1 - Volunteer Coordinator 1 - Assistant to the Director The Cooperative Extension/Arboretum positions being eliminated are as follows: 1 - Arboretum Coordinator 1 - Horticulture Technician 1 - Administrative Assistant I Director Williams requested the Board to approve the positions presented, and he offered to answer any questions. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 5 Motion: Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve the addition and elimination of positions as presented by Director Williams contingent upon finalizing the purchase of Airlie Gardens. Upon vote, the MOTION CARRIED UNANIMOUSLY. AUTHORIZATION FOR STAFF TO SUBMIT A PROPOSED “WHEELS TO WORK PROGRAM” TO THE N. C. DEPARTMENT OF TRANSPORTATION Assistant County Manager, Patricia A. Melvin, reported that New Hanover County has been invited to submit a proposed “Wheels to Work Program” to the N. C. Department of Transportation. The purpose of the program is to provide opportunities for Work First participants to overcome transportation barriers to employment by becoming owners of personal vehicles. All participants will be pre-qualified for vehicle ownership by the Department of Social Services. The proposal includes vehicles being supplied and initial repairs for road worthiness completed by two agencies which have collaborated with the N. C. Department of Transportation for development of the “Wheels to Work Program.” The overall goal of the program is for participants to become financially self-sufficient. The program will be funded by the N. C. Department of Transportation, and the program will be monitored by the New Hanover County Department of Social Services and New Hanover County Transportation Services. Proposals to provide the service have been received from the Council of Governments in the amount of $125,000 annually and from the Wilmington-New Hanover Community Development Corporation in the amount of $40,548 annually. In closing, Assistant County Manager Melvin advised that the Wheels to Work Committee has recommended that New Hanover County submit a “Wheels to Work Program” proposal to the North Carolina Department of Transportation. Commissioner Davis asked if the County would be responsible for any cost. Assistant County Manager Melvin responded that New Hanover County would not contribute to the project for the first two years; however, after this period, the County would be required to contribute to the program. The first six months of insurance coverage will be paid immediately, and the fees collected from the clients will pay for the remaining six months. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to authorize staff to establish a “Wheels to Work Program” in New Hanover County, authorize the Chairman to execute the necessary documents, accept the funds if the program is approved by the N. C. Department of Transportation, and authorize staff to negotiate with the Wilmington-New Hanover Community Development Corporation to provide the service in an amount not to exceed $50,000. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Caster called a break from 7:20 p.m. until 7:30 p.m. REMOVAL OF PUBLIC HEARINGS Chairman Caster advised that the petitioners have requested removal of the following Public Hearings: Item 5.2: A request by Esther Yopp to rezone 39.39 acres at 8605 Market Street to B-2 Business from R-15 Residential (Z-644, 12/98). Item 5.7: A request by Attorney David Barefoot, representing Buyers, Brokers, & Consultants, to appeal the decision by the Planning Staff to deny approval of a minor lot division located off Gardner Drive near the Wilmington International Airport (SA-15, 12/98) Item 5.8: A request by the SANCO of Wilmington Service Corporation to appeal the decision by the Technical Review Committee of the Planning Board to deny approval of Grand Bay at Beau Rivage for 78 units (SA-15, 11/98). NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 6 Consensus: It was the consensus of the Board to remove these items as requested by the petitioners. PUBLIC HEARING TO CONSIDER A REQUEST BY ALLEN AND DEBRA COBB TO REZONE 5.82 ACRES AT 700 MILITARY CUTOFF ROAD TO O-I OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-643, 12/98) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the Planning Board voted unanimously to recommend approval of the rezoning request feeling that rezonings of land across the road and the current zoning pattern taking shape along the road would require the Planning Board to treat similarly situated properties in the same manner. At the Planning Board meeting, no one spoke in opposition to the request. The applicants told the Planning Board that three nearby and/or adjacent property owners had filed letters with the Planning Department in support of the petition. Chairman Caster asked if anyone from the public would like to comment. Ms. Debra Cobb, the petitioner, requested the Board to rezone the 5.82 acre tract on Military Cut-Off Road from R-15 Residential to O-I Office and Institution because of recent rezonings. When she and her husband moved to the site in 1991, Military Cut-Off Road was a two lane rural road; however, profound changes have occurred since that time. Military Cut-Off Road is scheduled to become a five-lane highway, the land across the street has been rezoned for office and institution development, and the Landfall Nursing Home will soon be completed. With these changes, this area has been transformed into a transitional zone, and it is no longer appropriate for residential use. The City of Wilmington will be annexing the property on January 31, 1999, and the Hardy Parker Farm is being marketed for sale. In closing, Ms. Cobb requested the Board to approve the rezoning of the 5.82 acre tract on Military Cut-Off Road to provide the best transition use for the property. Mr. Bob Mayo, a resident of Timber Creek Development, informed the Board that he spoke against the rezoning effort by Mr. Trask to rezone the 85 acres on Military Cut-off Road. The request by Ms. Cobb will allow this type of zoning on the other side of Military Cut-Off Road. He urged the Board to deny the rezoning so the other side of this road could be protected from commercial uses. There being no other public comments, Chairman Caster closed the Public Hearing. Motion: Chairman Caster MOVED, SECONDED by Vice-Chairman Greer to approve rezoning 5.82 acres located at 700 Military Cut-Off Road to O-I Office and Institution from R-15 Residential as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 3 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED MAY 18, 1970 is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 3, Page 8. PUBLIC HEARING TO CONSIDER A REQUEST BY NEIL BLAKE TO REZONE 1.07 ACRES LOCATED AT 1901 CASTLE HAYNE ROAD TO O-I OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-645, 12/98) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported that the Planning Board voted unanimously to recommend approval of the zoning request contingent upon the O-I District line not extending westward beyond the eastern lot line of Parcel I as shown on the map in the agenda packet. The Planning Board felt the previous residential appeal of the site had been lost as a result of commercial encroachment and the rapid growth of traffic along Castle Hayne Road. It was also felt that the O-I District would promote a better land use transition between the commercialization now evident along Castle Hayne Road and the residential interest to the west. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 7 Vice-Chairman Greer suggested running the boundary line to the south to include the small piece of property that was not part of the rezoning. Planning Director Hayes explained that in order to increase the area of the property to be rezoned, the Planning Board would have to rehear the request. He advised this request could be submitted to the Planning Board at another meeting. Mr. Neil Blake, the petitioner, stated with commercial uses adjacent to the property and the volume of traffic on Castle Hayne Road as well as the continued commercial development the property was no longer suitable for residential development. He requested the Board to approve the Office and Institution rezoning. Chairman Caster asked Mr. Blake if he was satisfied with the zoning stopping at the eastern portion of Parcel I as recommended by the Planning Board. Mr. Blake stated he did not have a problem with the proposed zoning. Chairman Caster asked if anyone from the public would like to comment. There being no other public comments, Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to approve rezoning 1.09 acres located at 1901 Castle Hayne Road to O-I Office and Institution from R-15 Residential contingent upon the O-I District line not extending westward beyond the eastern lot line of Parcel I as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 9A OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1972 is hereby incorporated as a part of the minutes and is contained in Zoning Book II, Section 9A, Page 45. PUBLIC HEARING TO CONSIDER A REQUEST BY GEARON COMMUNICATIONS TO RECEIVE A SPECIAL USE PERMIT TO CONSTRUCT A 160 FOOT COMMUNICATIONS TOWER ON THE EAST SIDE OF INTERSTATE 40/NORTH COLLEGE ROAD APPROXIMATELY 900 FEET SOUTH OF GORDON ROAD (CONTINUED ITEM S-435, 10/98) Chairman Caster opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Attorney Joe Taylor Ken Carter Planning Director, Dexter Hayes, reported the Planing Board voted unanimously to recommend approval of the petition as revised. The original petition called for placement of the tower in the southwest corner of the tract, but due to wetland issues it had to be moved to the southeast corner of the property. The Planning Board felt the petition complied with local zoning requirements, was consistent with the Land Use Plan, and would be compatible with land use in the area. No persons spoke in opposition to the request at the Planning Board meeting. Planning Director Hayes presented the following preliminary staff findings: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 8 1.The Board of County Commissioners must find 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 based upon the following findings: A.The site requires no water and sewer service. B.The tower is located a considerable distance from the nearest residential structure and is far enough from I-40 that if it fell from the base it would not fall into the highway. C.The site will be accessed by a private easement connected to Gordon Road, a state maintained highway. 2.The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.Communication towers are permitted by Special Use Permit in the R-15 Residential District. The site is zoned R-15. B.A site plan and supporting data have been submitted as required by the Zoning Ordinance. C.The tower meets all setback and buffer requirements, including the Special Highway Overlay District standards. 3.The Board must find that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity based upon the following findings: A.The nearest residential structure is over 900 feet away. It is located on the same tract and owed by the person who will be leasing the land to Gearon Communications for construction of the tower. B.Property to the immediate west is part of the right-of-way. Land to the south is undeveloped and zoned B-2 Highway Business . 4. The Board must find 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 based upon the following findings: A.The tract where the tower will be located has been previously used for agriculture. Land to the south is vacant, but eligible for commercial uses. B.The use will be visible at a major entrance into the City. C.The design concern is a lattice tower versus a monopole tower. Chairman Caster asked if the petitioner would like to comment. Attorney Joe Taylor, representing Gearon Communications, reported this was a continued case and stated after the last hearing, numerous meetings have been held with adjacent property owners and a new site and plan have been agreed upon. The new site has been moved to the western side of the property which will shield the bottom portion of the tower from view, the height of the tower has been lowered to 140 feet, and a monopole tower will be constructed instead of a lattice tower. The adjacent property owners and surrounding neighbors are supportive of the plan.With placement of a monopole tower in this area, there will be no additional towers in the vicinity. The revised plan meets the four required findings of the special use process and all FAA and FCC requirements have been met. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 9 In closing Attorney Taylor requested the Board to grant the Special Use Permit for construction of the monopole tower as presented in the revised plan. Chairman Caster asked Attorney Taylor if the petitioner concurred with the findings presented by the Planning Director. Attorney Taylor responded that the petitioner agrees with the findings as presented. There being no other public comments, Chairman Caster closed the Public Hearing. Vice-Chairman Greer requested Attorney Taylor to take care of the cemetery located near the site. Attorney Taylor stated that discussion has been held about the cemetery and he assured the Board that the cemetery would be protected. Motion: Commissioner Howell MOVED, SECONDED by Vice-Chairman Greer to grant the Special Use Permit to Gearon Communication for construction of a 140 foot monopole communications tower on the southeast corner of the property based upon the evidence presented and findings of fact concluding that the proposed use will not materially endanger the public health or safety if located where proposed and developed according to the revised plan as submitted and approved; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 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. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 25. PUBLIC HEARING TO CONSIDER A REQUEST BY RANDALL BRAY TO REVISE THE APPROVED SITE PLAN FOR THE WILMINGTON SHIPYARD, POINT HARBOR MARINA VILLAGE BY ELIMINATING 41 RESIDENTIAL UNITS, CREATION OF ADDITIONAL OPEN SPACE, ELIMINATING 22 BOAT SLIPS, PROVIDING 15 FLOATING HOME STRUCTURES AND CREATING A MARINE ACTIVITY CENTER (Z-559, 1/96; REVISED 12/98) Chairman Caster opened the Public Hearing and announced that the revision of a conditional use plan requires persons wishing to testify to be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Randall Bray Planning Director, Dexter Hayes, reported the petitioner, Mr. Randall Bray, has requested the Board to consider a revision to the approved site plan for the Wilmington Shipyard, Point Harbor Marina Village. The revised plan will eliminate 41 residential units, create additional open space, eliminate 22 boat slips, provide 15 floating home structures, and create a Marine Activity Center. The property is currently zoned Conditional District (B-2) and Conditional District (R-15). Planning Director Hayes reported that the Planning Board voted unanimously to recommend approval of the revisions as submitted and to include the conditions of the original Conditional Use District order. In support of their decision, the Planning Board noted that the planned changes would be more compatible with the site’s proximity to the river and nearby industrial uses. Also, the Planning Board was pleased that additional areas had been set aside for conservation. No one spoke in opposition to the revised plan at the Planning Board meeting, although a letter from Almont Shipping was presented stating the company continues to oppose the rezoning. The Planning Board NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 10 noted that if the revised plan was approved by the Board of County Commissioners, the County should require a covenant that discloses to residential buyers in the project that they are located in an industrial area. This was made a part of the original Conditional Use Order and retained by the Planning Board in its latest recommendation. Planning Director Hayes advised the Board that the original Conditional Use District was approved by the Board of County Commissioners in January 1996. A six-month extension for the plan was granted in February 1998. Since the extension was granted, the owners have obtained a building permit for limited construction on the property, effectively validating the site plan. The original site plan included the following elements: ? 27 single family lots with tennis facilities ? 115 slip commercial/community marina with clubhouse facility ? 12 townhomes adjacent to the marina ? 50,000 square feet of retail and office space ? A 75 room courtyard hotel ? Preservation of substantial natural areas. The revised site plan includes the following elements: ? Reduction in the number of boat slips from 115 to 91. The total area devoted to the boat slips remains unchanged. ? The provision of 15 floating structures (known as floating homes) within the marina area. ? Eliminates 39 land-based housing units, 27 single-family units and 12 townhomes ? Establishment of a Marine Resource Center for use by area rowing clubs, the Cape Fear Museum, UNCW, and the N. C. Aquarium at Fort Fisher. ? Retention of the existing commercial and office area. ? Expansion of open space. Under current ordinance standards, the proposed land uses identified in the revised plan are permitted. Except for the marina and floating structures, no special standards apply. The location of floating structures in conjunction with a commercial marina has to meet the following requirements: 1.The location of the structures do not impair water quality, primary nursery areas, shellfish grounds and conservation areas. 2.Floating structures cannot be located within 15 feet of the waterway extension of all property lines. 3.Only one dwelling unit per floating structure is allowed. 4.The structure must be located adjacent to a pier, dock or walkway with adequate lighting. 5.Each structure must be provided with permanent water and sewer systems. No overboard discharges are permitted. 6.Provision of a system for the removal and disposal of solid waste. 7.Provision of 2,000 square feet of gross land area per floating structure shall be provided on- shore. 8.Two off-street parking spaces per floating structure will be required. Planning Director Hayes reported the addition of 15 floating structures is not in compliance with the Land Use Plan; therefore, a problem could be experienced with the State issuing CAMA permits. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 11 Chairman Caster asked if the petitioner would like to comment. Mr. Randall Bray, an architect/planner, presented the plan to the Board of County Commissioners. The surface of the site has been cleaned and the bulkhead for the major piers has been repaired. The construction of the dock master’s office and sales promotion office are being constructed. The water and sewer commitment from the City has not been obtained. There is a provision in the Land Use Plan that does not allow floating structures; however, it will be demonstrated during the presentation that the proposed units will be different from floating homes. He presented the following features of the proposed plan: 1.The marina boat slips have been reduced to 91 from 113. 2.Forty-one land based residential units will be eliminated. 3.The original 7 acres of wetlands will not be disturbed and an additional 10 acres has been added to serve as a nature conservancy that cannot be developed in the future. This site can be used by students studying wetlands. 4.The owners of the property have contacted UNCW, the Cape Fear Rowing Club, the Cape Fear Museum, the Fort Fisher Aquarium, and Wrightsville Beach Museum to participate in a Marine Resource Center that will focus on educational, historical, and environmental uses of the Cape Fear River in the past, present, and future. This Marine Resource Center would be an amenity to the area, and in turn the owners would hold the five acres originally proposed for offices and a hotel as future area to be developed. 5.There is an on-site septic system that would be sufficient for 75 units. However, this septic system will not be adequate for the total project, and the Board is being requested to consider allowing development of a commercial non-discharge sewer system. Mr. Bray informed the Board that the intent of the plan is to outlaw units that will be parked in the river without any basis to tax and control. He presented pictures showing a floating community instead of floating homes. The plan consists of three existing piers that will be landscaped with lighted avenues to which the floating homes will be permanently attached. This differs from a floating home in that land will be dedicated for each floating unit. Every effort technically and environmentally has been made to ensure the units will not become a nuisance for New Hanover County and its citizens. In closing, Mr. Bray requested the Board to approve and allow the owners to move forward with a request to better define a floating unit in the Comprehensive Land Use Plan Update. This is a viable way to live and many persons prefer this type of living. If a future municipal sewer system can be obtained, this will allow the development, i.e. the office and hotel site, to move forward. Commissioner Davis asked if the homes would be motorized. Mr. Bray responded that the homes would not be motorized. He said that under the current law, a yacht can anchor and persons have the right to live on the boat. The owners feel this is not appropriate, and they have tried to design an attractive project with attached floating units that will appeal to people with a certain lifestyle, who in turn will contribute to the area. A lengthy discussion followed on the need to see a floating community site plan for the proposed project before rendering a decision on the Special Use Permit. Vice-Chairman Greer stated that he did not have a problem with the concept, but he felt the Board should know exactly how the floating units will appear before approving the permit. He stressed the importance of providing a project that will truly enhance the waterfront. Chairman Caster asked if anyone from the public would like to speak in opposition. No comments were received. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 12 Chairman Caster closed the Public Hearing. After further discussion of not having a plan for the project, County Attorney Copley suggested not denying the use but continuing the Public Hearing until a future meeting so Mr. Bray can bring back sketches depicting the area and showing the design of each unit. Consensus: After further discussion, it was the consensus of the Board to continue this item until a future meeting and request Mr. Bray to bring back sketches showing the design of the individual units and the general area as well as specifications that will show the size of the holding tank and other items so the Board can incorporate conditions into a Special Use Permit. Mr. Bray advised that he would be glad to provide this information at a future meeting. BREAK Chairman Caster called a break from 8:55 p.m. until 9:10 p.m. PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO REVISE THE SPECIAL HIGHWAY OVERLAY DISTRICT TO SPECIFY THAT BOAT SALES AND AUTOMOBILE SALES SHOULD BE EXEMPT FROM THE ENCLOSED FACILITY LIMITATION TO PERMIT OUTSIDE DISPLAYS IN THE FRONT YARD (A-292, 10/98) Chairman Caster opened the Public Hearing. Planning Director, Dexter Hayes, reported the amendment was filed by Attorney Jim Bonner on behalf of Mercer Marine Sales and Service located on Market Street to rectify his client’s zoning problems relative to the storage of boats in the front yard in a Special Highway Overlay District (SHOD). Under current SHOD requirements, this type of storage and/or display is prohibited unless it is located to the rear of the principal structure and complies with other design standards, particularly screening and buffering. The following revisions were presented as submitted by the petitioner: Revision for Section 59.6-3(2) and (3) to read as follows: (2)Enclosed Facilities: All manufacturing, storage, offices, wholesaling, retail sales, or similar except that this prohibition shall not uses shall be conducted within an enclosed building, apply to automobile sales and/or boat sales. Businesses conducting business falling within this exception shall comply with existing landscaping requirements as set forth in the preceding paragraph. (3)Outside Storage: Outside storage can be permitted if it is located directly to the rear of the “Outside storage”, as it principal building and is not visible from the designated highway. is used in this provision and context shall be deemed to not apply to that exception allowing automobile and boat sales which appears in paragraph (2) above relating to “Enclosed Facilities”. The outside storage area shall not occupy an area wider than the principal building or larger than one-half the area of the principal building. A three row screen shall be provided in accordance with the landscape standards of Section 67. No storage shall be permitted above the height of the screen. Junk yards and scrap processors shall not be permitted. Planning Director Hayes reported the Planning Board considered this item at its October meeting, but the vote was continued to the November meeting to allow time for staff to provide additional alternatives. The Planning Board’s primary concern was making sure that revisions provided adequate opportunities for commerce along the designated highways without undermining the purpose and intent of preserving the highway’s aesthetic qualities. The Planning Staff presented Option 1, Option 2; Option 2A, and Option 3. The Planning Board approved Option 2, which limits outside storage in the front yard of the Special Highway Overlay District to car/truck sales and boat sales provided additional setback and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 13 landscaping requirements are met. The Planning Board felt these limitations would be adequate for these types of businesses which have the greatest need for outside display of products. During the Planning Board meeting, the applicant told the Planning Board that without the revisions, his client might be forced to relocate. He noted that because auto sales lots were already exempted in the Special Highway Overlay District, it would only be fair to include boat sales, especially with this type of operation depending heavily on outside display of products. Planning Director Hayes advised that the issue before the Board was whether other uses that traditionally have large outside display areas should be permitted under limited circumstances. While the petitioner seeks to limit the exemption to boat and auto sales, the range of other uses will depend on the outside product display, such as building supply facilities, brick and block sales, lumber sales, RV and camper sales, portable building manufacturers, outdoor recreation equipment, mobile homes sales, hardware stores, equipment rental and related uses. In closing, Planning Director Hayes informed the Board that staff recommends no change. Commissioner Davis asked if approval of the text amendment would open the door for other businesses to display products. Planning Director Hayes responded other businesses would deserve to have the same consideration. Chairman Caster asked if the petitioner would like to comment. Attorney Jim Bonner representing the petitioner, Mercer Marine Sales and Service, requested the Board to consider the amendment to the Special Highway Overlay District (SHOD) as enacted in February 1986. Mercer Marine Sales and Services has been in continuous operation along this corridor of Market Street for 10 years. Several years ago, the company relocated to a new location to provide more exposure for the business. The present site was purchased on the south side of Highway 17 and met all existing setback requirements at that time for B-1 Business zoning. The business has grown and there is a need to display the boats. Attorney Bonner advised that a number of pre-existing businesses do not have to comply with SHOD because they were already in place before the regulations were enacted. The petitioner is requesting a relaxation to SHOD regulations to allow display of his products on the front of his property. Strict SHOD regulations have created a substantial hardship on the business. With the commercial development along this section of Market Street, it is felt this corridor is no longer a scenic corridor with natural woodlands and open spaces. The Board was requested to amend the SHOD regulations as presented. Commissioner Davis expressed concern for opening the door to allow displays by other businesses if the proposed text amendment is approved. Commissioner Birzenieks agreed with Commissioner Davis. Attorney Bonner responded that approval of the text amendment could possibly open the door to other businesses; however, the question to answer is whether this section of Market Street is currently a scenic vista. Vice-Chairman Greer advised that when the SHOD District was first established in 1986, a primary reason was to address the potential proliferation of outdoor advertising signs. He asked if the proposed text amendment would affect outdoor advertising. Planning Director Hayes responded that the proposed text amendment would not affect the signage requirements. He noted that boat and auto sales would be permitted as a display area in the front yard. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 14 Chairman Caster asked if anyone from the public would like to comment. No comments were received. Chairman Caster closed the Public Hearing. Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to adopt Option 2, which will limit outside storage in the front yard of the SHOD to car/truck sales and boat sales provided that additional setback and landscaping requirements are met. Upon vote, the MOTION CARRIED BY THE FOLLOWING 3 to 2 VOTE: Voting Aye:Commissioner Howell Vice-Chairman Greer Chairman Caster Voting Nay:Commissioner Birzenieks Commissioner Davis A copy of the text amendment is hereby incorporated as a part of the minutes and is contained in Exhibit XXV, Page 1. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO BG PARTNERSHIP TO CONSTRUCT A 26 SLIP COMMUNITY BOATING FACILITY IN CONJUNCTION WITH A PLANNED 26 LOT SINGLE-FAMILY SUBDIVISION TO BE LOCATED IN THE NORTHEAST CORNER OF MASON LANDING ROAD AND MIDDLE SOUND LOOP ROAD (S-437, 12/98) Chairman Caster opened the Public Hearing and announced that the special use process requires a quasi-judicial hearing; therefore, any persons wishing to testify must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes Attorney David Barefoot Nick Garrett Steve Morrison Buck O’Shields Phil Tripp Eric Rydzewski Attorney Jim Lea Bud Smith Tom Walters Diane Stansbury Planning Director Hayes reported the Planning Board voted unanimously to recommend approval of the petition as submitted despite fairly intense opposition. The Planning Board noted that the boating facility met all the technical requirements of the Zoning Ordinance and the use would be compatible with the general area. The Land Use Plan encourages access to public trust waters provided environmental impacts are minimized. Those persons speaking in opposition felt the facility was incompatible with the area, noting there was not one single similar facility between Wrightsville Beach and Middle Sound. Many opponents felt that existing commercial marinas in the area could easily accommodate new boating needs. The opponents also felt the facility would spoil their view of the waterway while others questioned the impacts on the environment and the encroachment of a private boating facility into and over public trust waters. Planning Director Hayes presented the following preliminary staff findings: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 15 1. The Board must find 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 based upon the following findings: A.The facility will be connected to a planned subdivision on adjacent high ground. B.Access to the boating facility will be through the adjacent subdivision. C.The site is located in the Ogden Volunteer Fire Department District. D.Except for water service, no other public type services are planned to serve the facility. 2.The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: A.Community boating facilities are permitted by Special Use Permit in the R-20S District. The site is zoned R-20S. B.The number of slips (26) can not exceed the number of lots (26) in the subdivision that is planned for the adjacent high ground. C.In lieu of providing a separate off-street parking area for the facility, the parking will be provided at each individual lot within the subdivision. D.A major CAMA permit will not be issued if it is determined that substantial negative impacts will occur to the marsh and estuarine waters. E.No commercial activities are permitted and none are proposed. 3.The Board must find that the use will not substantially injure the value of an adjoining or abutting property or that the use is a public necessity based upon the following findings: A.Typically, the provision of private community boating facilities enhances the value of waterfront properties. B.There are similar facilities located in the general area and three commercial marinas are located to the north. 4. The Board must find 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. A.Private community boating facilities are common place along the estuarine and river waterfronts of the County. B.The Land Use Plan encourages access to public trust waters. Chairman Caster asked if the petitioner would like to comment. Attorney David Barefoot, representing BG Partnership, reported the design has been developed to address all environmental issues. He informed the Board that the four general requirements of the Zoning Ordinance had been met and the proposed plan for the 26 slip community boating facility in conjunction with the 26 lot single-family subdivision, to be called Register Place Estates, would be attractive and environmentally sound to the area. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 16 Mr. Nick Garrett, a partner of BG Partnership, reported that the proposed 17-acre project was the last large piece of waterfront land on the Intracoastal Waterway in Middle Sound. He presented pictures (marked as the Petitioner’s Exhibits 1-3) showing the site of the proposed 26 slip community boating facility. He explained the changes in design of the plan, and he stated the project will be attractive and environmentally sensitive. He requested Mr. Morrison to comment on environmental concerns. Mr. Steve Morrison, an Environmental Consultant with the Land Management Group of Wilmington, N. C., reported that the purpose of the Environmental Assessment was to provide the N. C. Department of Environment and Natural Resources and associated agencies with a decision making tool to determine if the proposed Register Place Estates project in eastern New Hanover County was of sufficient impact to the environment to require the preparation of an Environmental Impact Statement. He advised that the Environmental Assessment has been prepared and forwarded to CAMA offices in Raleigh and Wilmington. If an Environmental Impact Statement is not warranted, a finding of no sufficient impact will be issued prior to action on the CAMA permit. A CAMA major development permit application will be submitted to the N. C. Division of Coastal Management and the U. S. Army Corps of Engineers for review. The Special Use Permit is the document needed to complete the application process because it will provide the necessary record to show that the Register Place Estates project complies to the Land Use Plan. Mr. Morrison reported that existing waterfront conditions on this site were ideal for an open water marina requiring no shoreline stabilization, no dredging, and no wetland impacts. From the community property, boaters can navigate directly along the Intracoastal Waterway, which will allow the residents to enjoy fishing, sailing and other water sports. A centralized marina under the operation of the Homeowners Association will offer the advantages of facility maintenance, pollution control, and safety for residents. Mr. Morrison noted that wetlands had been addressed by using the upland finger for access to the pier for the floating dock system in the waterway. Wetlands were delineated on the site and the boundaries were approved by the Corps of Engineers in June 1998. The wetlands delineation has been surveyed and appears on the plat. The wetlands cover 5,085 square feet and represent only .07% of the entire tract. The proposed project has been planned to avoid environmental impacts to wetland areas, and there are no planned areas of wetland filler excavation. In closing, Mr. Morrison stated the proposed plan is excellent and it will protect environmentally sensitive areas. Attorney Barefoot advised that Mr. Jim Lea, the attorney representing concerned residents of Middle Sound, would be discussing the term, “marina”, which does not apply to this case. The Special Use Permit is being requested for the purpose of placing boat slips in the development. Attorney Barefoot also noted that Attorney Lea would be discussing the term, “high density”, which does not apply to this project. The subject property is located in a R-20S Zoning District, which is the least dense of all zoning districts, and lots in the proposed development will have more than 20,000 square feet. He requested the Board to remember these definitions when rendering a decision. Mr. Garrett informed the Board that private piers would entail 172 pilings being placed through marshlands, whereas, the proposed project would not have any pilings going through the marsh grass, which is much more environmentally sound than under the pier scenario. He also informed the Board that all 26 lots would be required to use golf carts when accessing the docks. He requested the Board to approve the Special Use Permit. Attorney Jim Lee reported that residents of the Middle Sound area were protective of this environmentally sensitive area, and he presented a petition of 75 signatures (marked as Exhibit 1) of persons opposed to the proposed project. He presented the following remarks that were taken from a report prepared by the New Hanover County Planning Department in 1987: Middle Sound Ogden is a low density residential community that has retained much of its NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 17 rural atmosphere since the loop road was first constructed between the creeks and sounds. The area is surrounded by water and has become home to several marinas and water oriented lifestyles. The community has come under increasing development pressures in recent years. It is an area where the water attracts development. Rapid growth in Middle Sound and nearby communities has created a strain on the infrastructure, especially the transportation network. While growth is inevitable, it must take place in a rational manner that will provide adequate services and environmental protection to the community. After presenting these statements, Attorney Lea noted that he was disturbed by the fact that growth has occurred in the Middle Sound area without the necessary planning to provide roads and other infrastructure needs. The growth has mainly consisted of three large projects that have not negatively impacted the waterway; however, the proposed project will have a tremendous impact on the vista of the waterway and adjoining landowners. There is not another project of this size from Wrightsville Beach to Porters Neck. There are only a few docks that extend to the waterway. The proposed project will be a commercial marina with 26 boat slips and 10 lifts that will extend out into the Intracoastal Waterway. The proposed use is not compatible with the Middle Sound area. In closing, Attorney Lea urged the Board to deny the Special Use Permit so that an unprecedented project will not be placed in the Middle Sound area that is totally incompatible with the area. He advised that three witnesses would speak on the injury to adjoining and abutting properties and environmental concerns. Ms. Diane Stansbury, a real estate broker, reported that the residents have requested her to comment on facts relating to the property values and availability of boating facilities in New Hanover County. The following remarks were presented: The criteria for issuing a Special Use Permit states that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. Five examples of property sales were presented showing that the value of property substantially drops when the property is located adjacent to a private marina. Currently there are 90 properties on the market in New Hanover County with boat slips and 245 properties with direct water access. Within a mile’s radius of the proposed private marina, there are over 275 public boat slips and inland boat basins. Also, there is a dry storage facility within one block of the proposed site. These statistics clearly indicate the abundance of marina facilities in the area. In summary, the properties which abut or are adjacent to marina facilities are substantially devalued compared to those properties which are not adjacent to marina facilities. The statistics clearly indicate there is an adequate supply of marina facilities in this area. Mr. Tommy S. Watters, a resident of 1955 Middle Sound Loop Road, presented slides of a boat ride going up the Intracoastal Waterway. He summarized the presentation by saying the site selected for the 26 boat slip marina could be placed on a man made land bridge, such as the community boat ramp serving new development in the Shinnwood community. If a marina has to be constructed, an inland boat basin can be excavated using land equipment with no dredging. Mr. Watters requested the Board to deny issuing a Special Use Permit that will allow the developer to place a 26 slip marina in this area. Mr. Eric Rydaweski, a resident of 2033 Middle Sound Loop Road, reported that he felt the 26 slip community boating facility would not be in harmony with the area. The petition with 75 signatures indicates the strong feeling in the community about the proposed boating facility. He requested the members present from the Middle Sound area to stand. He requested the Board to deny the Special Use Permit because the proposed use will not be in harmony with the area. Mr. Bud Smith, a resident of 1951 Middle Sound Loop Road, commented on the beauty of Middle Sound and he stated the unique quality of this area could be lost with future development. Most of Middle Sound has been developed in an acceptable manner; however, the proposed project will not preserve the beauty of this natural area. The proposed project will increase the density to the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 18 maximum permitted by the present zoning. This will represent an increase in density of approximately 600% over the adjoining neighborhood lots. Also, the proposed project will impact the waterway with placement of a 26 community boating facility, which will create an ugly vista. The Zoning Ordinance clearly states that the use should not substantially injure the value of adjoining or abutting property. The value is found in the peaceful and tranquil qualities of this area. With the proposed project, this value will be lost. Also, there is no public need for a 26 community boating facility that will not be in harmony with the area. He requested the Board to deny the Special Use Permit based on the fact that the project does not meet the four general requirements as outlined in the Zoning Ordinance. In summary, Mr. Lea commented on representing neighborhood groups before the Wilmington City Council and Board of County Commissioners for the past 18 years, and stated that he lives in the Middle Sound area. He advised the Board that the Middle Sound community was sensitive to the environmental aspects of the area. The Board was urged to deny the Special Use Permit because it would not be in harmony with the area. Mr. Buck O’Shields, a resident of Middle Sound living on Dunbar Road, reported he was a contractor who built the subdivision known as Dunbar Landing. The subdivision was constructed under existing County and CAMA regulations. The entire process was reviewed by all involved agencies. When property in the Middle Sound area is advertised for sale, it is marketed as being close or adjacent to marinas. This area will always be a boating area, and he feels that construction of the pier for the boat slips will not cause the value of adjacent properties to decrease. The State regulations and Corps of Engineers will not permit a project that will impede navigational traffic. He advised the findings of fact presented show that the proposed use meet the four general requirements, and he stated as a resident of Middle Sound he would be in favor of the project. Mr. Garrett requested the Board to grant the Special Use Permit because the project will enhance the area and protect the wetlands. Attorney Barefoot concluded his presentation by stating that the four general requirements have been met by the evidence presented to the Board. The proposed boating community is not a marina, and the value of adjoining properties will not be negatively impacted as indicated by the recent revaluation of properties on the waterway by the Tax Department. The Board must determine if the proposed 26 slip community boating facility will injure the value of adjoining properties and if this facility will be in harmony with the area. The proposed project will allow all traffic to remain within the interior. If four piers were placed across the marsh instead of the one pier proposed, the environment would be negatively impacted. Attorney Lea reminded the Board that if the proposed use is approved, this will set a precedent in this area. The information presented has shown the use is unprecedented. He questioned whether the Board wanted this type of development to occur northward on the waterway. Chairman Caster asked Attorney Barefoot if the petitioner agreed with the findings presented by the Planning Director. Attorney Barefoot responded that the petitioner agrees with the findings as presented. Commissioner Davis asked Mr. Morrison if he felt the proposed project would have a negative impact on the environment. Mr. Morrison advised that every project will have some impact; however, there will be zero wetland impacts by not placing pilings in the marsh. The project has been designed to minimize environmental impacts. Commissioner Davis asked Attorney Lea how the residents felt about Mr. Garrett being able to place four piers in the area as a matter of right without any control of the use by the Board of County Commissioners. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 19 Attorney Lea responded that Mr. Garrett may be able to build four piers; however, receiving CAMA permits to construct four piers that would protrude into the waterway could be difficult. Most of the residents feel that four piers would be less obstructive than 26 boat slips. Attorney Barefoot expressed concern for Mr. Lea stating that the pier will be in the Intracoastal Waterway. The pier is a good distance from the waterway and the land bridge will not disturb the environment. He advised that four private piers could be constructed on the site which would dramatically impact the environment. Chairman Caster closed the Public Hearing. Commissioner Howell stated it was generally accepted that people with waterfront property have the right to construct a private pier without having to appear before the Board of County Commissioners. As growth occurred, the regulations governing community boating facilities were changed to require the petitioner to appear before the Board of Commissioners to prevent people from constructing piers that could cross the water in front of adjacent properties. He stated it was difficult to believe that residents of the area would rather see four piers than one pier constructed on the site. Chairman Caster called for a motion on the request. Motion: Commissioner Howell MOVED, SECONDED by Chairman Caster to approve the Special Use Permit to allow BG Partnership to construct a 26 slip community boating facility in conjunction with a 26 lot single-family development to be located east of Mason Landing Road and north of Middle Sound Loop Road based upon the evidence presented concluding 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; the use meets all required conditions and specifications of the Zoning Ordinance; the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity; and 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. Vice-Chairman Greer expressed concern for the residents not understanding that four piers could be constructed on the site; however, out of respect for the wishes of the residents, he would vote against granting the Special Use Permit. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Davis Commissioner Howell Chairman Caster Voting Nay:Commissioner Birzenieks Vice-Chairman Greer A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP II, Page 25. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Caster convened from Regular Session at 10:10 p.m. Chairman Caster reconvened to Regular Session at 10:15 p.m. ADDITIONAL ITEMS - COUNTY COMMISSIONERS Discussion of Comprehensive Land Use Plan Update Discussion was held on the recent decision by the Coastal Resources Commission to allow NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27 MINUTES OF REGULAR MEETING, JANUARY 4, 1999PAGE 20 counties to postpone updating the Comprehensive Land Use Plan for two years. Assistant County Manager, Dave Weaver, responded that due to the work and effort given by the Committee, Chamber of Commerce, and City and County Planning Staff, it is felt that work on the current update should be continued. County Manager O’Neal agreed with Assistant County Manager Weaver and stated that a significant amount of input from the community has been given to present a plan that will satisfy all parties involved. Ms. Donna Girardot, Governmental Affairs Director of the Wilmington Regional Association of Realtors, Inc., advised that Assistant City Manager Mike Hargett had informed her that the City was going to submit the plan under the current regulations without waiting two years until new regulations have been approved by the State. After further discussion the Board agreed to move ahead with the Land Use Plan Update. Planning and Budget Retreat Scheduled County Manager O’Neal requested the Board to establish dates for a Planning and Budget Retreat as well as a joint meeting with the Board of Education. Consensus: After discussion, it was the consensus of the Board to schedule the Planning and Budget Retreat on the following dates with the place to be announced at a later time: Friday, February 5, 19991:00 p.m. until 5:00 p.m. Saturday, February 6, 19998:00 a.m. until 12:00 non After further discussion, the Board by consensus tentatively scheduled a meeting with the Board of Education on January 25, 1999, at 6:00 p.m. Report on Settlement of the Hill v. New Hanover County Lawsuit County Attorney Copley reported for the record that the County’s insurance carrier had reached a settlement in the amount of $3,500 for the Hill v. New Hanover County lawsuit. She requested the Board to designate an official to sign the necessary documents. Consensus: It was the consensus of the Board to authorize the Chairman to execute the necessary documents. Vice-Chairman Greer suggested that the department which caused the problem should be approached about the subject since it appears to be the County’s fault. County Attorney Copley advised that this request would be forwarded to the department. ADJOURNMENT Motion: Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Caster adjourned the meeting at 11:00 p.m. Respectfully submitted, Lucie F. Harrell Clerk to the Board