1999-10-04 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 539
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday,
October 4, 1999, at 6:30 p.m. in Courtroom 317, New Hanover County Judicial Building, 316
Princess 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 welcomed everyone present.
INVOCATION AND PLEDGE OF ALLEGIANCE
Clerk to the Board, Lucie F. Harrell, gave the invocation.
Commissioner Birzenieks led the audience in the Pledge of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Caster announced that time had been reserved to allow anyone from the public to
present an item that was not listed on the Regular Agenda or comment on an item that was listed on
the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes.
The following items were received:
Request by Joel L. Pickett for New Hanover County to Apply for Funding Under the
Emergency Watershed Protection Act to Remove Debris in Creeks After Hurricane Floyd
Mr. Joel L. Pickett, a resident of 125 Dunn Place Drive, requested the Board of County
Commissioners to assist the residents of North Hills, Treasure Cove, and North Bend Subdivisions
with removal of debris in the creek that runs behind their homes and discharges into Pages Creek on
the north side of Dunbar Road. He reported that this creek drains approximately 250 acres of land
according to Mr. F. A. Boyd, Assistant Regional Highway Engineer from the N. C. Department of
Transportation. In the last four years, the creek has overflowed three times and flooded homes in
North Hills and Treasure Cove Subdivisions. The Department of Transportation replaced the
drainage culverts under Dunbar Road and North Hills Drive last spring, which has provided some
assistance. At that time, the Department of Transportation recommended that the ditch be cleared
to provide positive drainage of the site. There was some debris in the creek from Hurricane Bonnie,
but the vast amount of debris is from Hurricane Floyd.
Mr. Pickett advised that after discussing this matter with Ms. Marilyn Stowell, the local
Natural Resources Conservation Service Representative, he was informed that funding for debris
removal from creeks was available through the Emergency Watershed Protection Act. He said this
program must be sponsored locally, and he requested the Board to move forward with applying for
funding to remove debris from the creek so residents living in North Hills, Treasure Cove, and North
Bend can be better protected from future flooding.
Chairman Caster expressed appreciation to Mr. Pickett for presenting this item, and he
requested Assistant County Manager Weaver to investigate the possibility of receiving funding from
the Natural Resources Conservation Service.
Discussion of Amendment to Clarify the Clustering of Residential Units on Lands Classified
as Conservation on the Land Classification Map
Mr. Johnnie Davis, a resident of The Cape and a real estate broker and developer, reported
that in April, 1999 he listed one of the last undeveloped 11-acre tracts of land in The Cape
Subdivision. This tract was originally part of the performance development for The Cape that was
approved by the County in 1983. When discussing plans for development of this land with the
Planning Department, it was found that the tract was zoned R-15 Residential with approval for 28
single-family homes. No special use permits are required to construct the units. The land elevations
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 540
are slightly below 13 feet and the tract is classified as a “Conservation” area. The wetland
jurisdictions have been signed off by the U. S. Army Corps of Engineers.
Mr. Davis advised that with the excessive number of single-family homes for sale in the
county, there is not a seller’s market for 28 additional single-family homes. After discussion with
the owner, it was decided to develop a plan for clustering the units into 27 condominiums leaving
most of the land to be dedicated as open space. When the plan was carried to the Planning
Department, the Planning Director was satisfied with the plan, but informed him that due to the
wording of the zoning text, the clustering of units could not be placed in a floodplain.
Mr. Davis commented on the Work Session held a few months ago to discuss a proposed text
amendment to better clarify the clustering of residential units on lands classified as Conservation on
the Land Classification Map, and he stated the 11-acre tract (Telfair Circle) was on the list to be
visited by the Board of County Commissioners. However, due to the lack of time, the site was not
visited and the plan could not be shown to the Board. With the current criticism by the media about
building on floodplains, the owner of this property is now caught with an 11-acre tract of land that
has never flooded, yet the regulations will not allow for the clustering of units that will provide more
dedicated greenspace, reduce the number of driveways and the amount of stormwater runoff.
Mr. Davis urged the Board to consider this type of situation as a separate issue when
amending the proposed Conservation Text Amendment. He said this is a case where 28 single-family
dwellings can be built without the need for further approval and these dwellings will create more
impervious runoff than the proposed clustering of units. It appears this tract of land fell in the wrong
position on the County’s floodplain map.
Vice-Chairman Greer expressed appreciation to Mr. Davis for bringing this subject to the
attention of the public. He said unfortunately most people believe that New Hanvoer County allows
people to fill in wetlands, which is not true. The Telfair Circle project is a mile and one-half from the
waterway, and the proposed clustering plan will be much better for the environment than 28 single-
family units. He suggested reviewing situations of this type when trying to clarify the clustering of
residential units on lands classified as conservation on the Land Classification Map.
Chairman Caster expressed appreciation to Mr. Davis for commenting on this important issue.
APPROVAL OF CONSENT AGENDA
Vice-Chairman Greer commented on Consent Agenda Item 5 regarding the hiring of two
temporary positions for the Home Delivered Meals program, and he recommended including a
condition that will eliminate the positions if grant funding is stopped.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks, to approve the
items presented on the Consent Agenda contingent upon adding language to Consent Agenda Item
5 that will clearly state the positions will be terminated if grant funding is not received. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the following sets of minutes as presented by the Clerk to the
Board:
Regular MeetingAugust 16, 1999
Regular MeetingSeptember 20, 1999
Budget Work SessionApril 26, 1999
Budget Work SessionMay 3, 1999
Jail Work SessionAugust 23, 1999
Emergency Meetings - Hurricane Dennis
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 541
Emergency MeetingAugust 28, 1999
Emergency MeetingAugust 29, 1999
Emergency MeetingAugust 30, 1999
Emergency MeetingAugust 31, 1999
Approval of Application for Federal and State Assistance for Hurricane Floyd and Designation
of Applicant’s Agent
The Commissioners approved submission of the “Application of Federal Assistance” and the
“State-Applicant Disaster Assistance Agreement” forms required by FEMA, to begin the
reimbursement process for Hurricane Floyd. The Board also adopted a resolution designating the
County Manager, Allen O’Neal, as the Applicant’s Agent. The County Manager was authorized to
sign the State Assistance Agreement.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 22.
Approval of Budget Amendment #2000-007
The Commissioners approved the following budget amendment:
#2000-007-Federal Forfeited property Capital Project
ADJUSTMENTDEBITCREDIT
Federal Forfeited Property $8,451
Capital Projects Expense $8,451
Purpose:
To increase the budget for additional revenues received 9/7/99 and 9/14/99. Federal
Forfeited Property funds are budgeted as received and must be used for law enforcement activities
as deemed necessary by the Sheriff.
Approval of Budget Amendment #00-0035
The Commissioners approved the following budget amendment:
#00-0035-Department of Social Services/County Commissioners
ADJUSTMENTDEBITCREDIT
Social Services/Good Friends:
Assistance Payments$60,970
Good Friends $60,000
Commissioners’ Office:
Appropriated Fund Balance $ 970
Purpose:
To transfer the “Good Friends” funds to a special (balance sheet) account to simplify
collection and disbursement.
Approval of Budget Amendment #00-0037-Outside Agencies/Contingency
The Commissioners approved the following budget amendment:
# 00-0037-Outside Agencies/Contingency
ADJUSTMENTDEBITCREDIT
Non-Departmental:
Contingency$2,000
Economic & Physical Development
Cape Fear River Program $2,000
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 542
Purpose:
To transfer funds from Contingencies for a contribution to the Lower Cape Fear River
program toward the cost of educational signs to be installed along the Riverwalk. Funding was
approved by Commissioners on 9/20/99.
APPROVAL OF BUDGET AMENDMENT # 00-0038 - HURRICANE FRAN
The Commissioners approved the following budget amendment:
# 00-0038-Hurricane Fran
ADJUSTMENTDEBITCREDIT
FEMA revenue $1,360,000
Contracted Services$1,360,000
Purpose:
To rollover anticipated FEMA revenue and construction expenses related to Cell #1
Closure, which was not completed by June 30, 1999.
Approval of Lease Agreement with State of North Carolina(UNCW) and New Hanover County
for Leasing Space in the Northeast Branch Library
The Commissioners approved the lease agreement with the State of North Carolina (UNCW)
and New Hanover County for the University’s use of space in the Northeast Branch Library for its
Adult Scholars program, at an annual payment of $74,520 to the County. The lease is for an initial
period of seven years with the option to renew for one, three-year term. Over the ten-year term of
the lease, more than $745,000 will be received to fund renovations to the building.
A copy of the lease agreement is on file in the Legal Department
Authorization for the Department of Aging to Submit a Grant Application to the N. C.
Department of Health and Human Services for the Home Delivered Meals Program
The Commissioners authorized the Department of Aging to submit a grant application to the
N. C. Department of Health and Human Services in the amount of $39,601 to fund two (2) temporary
positions, an Outreach Specialist and Social Worker, for the Home Delivered Meals program for a
period of nine months. The Outreach Specialist will be responsible for volunteer recruitment, training
and recognition, and act as a liaison between the meals program and the community. The Social
Worker will be responsible for assessments, reassessments and implementation of client care plans
once needs are identified.
The County Manager was authorized to accept the grant and approve the related budget
amendment, if the grant is awarded.
PRESENTATION AND UPDATE ON THE STATUS OF THE NORTHEAST BRANCH
LIBRARY PROJECT
Project Engineer, Greg Thompson, introduced Architect William (Bill) Frank Gage, to
provide an overview of the Northeast Branch Library.
Mr. Gage provided a copy of the schedule to the Board, and he reported that bids will be
advertised on October 22, 1999 and received on November 18, 1999. The award of the contract
should be within 30 days and construction should start January 2, 2000. The building will be ready
for occupancy on or about October 2000.
A schematic design was presented showing the community meeting room, the children’s
section in the shape of a boat, reference libraries, entrance to the main circulation desk, reading areas,
electronic media area, offices for administrative and support staff, technical room for 39 computers,
cubicles for volunteers, and the space that will be leased by UNCW or another tenant. Once a final
agreement has been reached with UNCW, that space will be up-fitted to meet their needs.
Vice-Chairman Greer asked if this up-fit would be placed in the existing contract.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 543
Deputy County Manager Atkinson explained that the up-fit contract would be a separate bid
because UNCW has not decided exactly how the space should be designed. Since the lease has been
approved, UNCW officials will work with Mr. Gage to prepare the design. This project will not delay
the construction project.
Commissioner Birzenieks commented on the delay in construction schedule and he asked Mr.
Gage if the time frame presented was realistic.
Mr. Gage responded that the schedule presented was realistic. Due to the need to include
computer cabling and networking as part of the contract for the public bidding process, a consultant
had to be hired, which created a delay in advertising and awarding the contract. At this point, it does
not appear that any more delays will occur.
Commissioner Birzenieks commented on the time already involved with trying to initiate the
project, and he stressed the importance of adhering to the schedule as outlined. He said that members
of the Northeast Branch Library Fund Raising Committee were frustrated about the lack of progress.
He urged Mr. Gage to move forward with the project.
Ms. Jane Freeman, Chairman Northeast Branch Library Fund Raising Committee, reported
after a long period of time and hard work by the members of the committee, funds have been raised
in the amount of $845,000, plus a $100,000 match gift for a total of $945,000. She advised that the
Committee will continue to raise the last $50,000 to reach their $1,000,000 goal before Christmas.
Chairman Caster, on behalf of the Board, expressed appreciation to Ms. Freeman and other
members of the committee for the hard work and effort given to raise the money.
CONTINUANCE OF CONSIDERING CHANGES TO THE EROSION CONTROL AND
SEDIMENTATION CONTROL ORDINANCE
County Manager O’Neal requested the Board to continue this item and schedule a Work
Session to thoroughly discuss the changes. After a complete review by Staff, there are existing items
that the Board may want to remain in place.
Mr. Donald Sullivan, a concerned citizen, advised that under NCGS 113A-52 (6) a land
disturbing activity is defined as “any use of land by any person, residential, industrial, educational,
institutional, or commercial development.” He noted that this law exempts by implication a private
landowner. This is the person who owns and maintains his property and is not involved with
development. He requested the Board to keep this issue in mind when considering the changes to
the Erosion Control and Sedimentation Control Ordinance.
Consensus:
It was the consensus of the Board to continue this item until a Work Session can be
scheduled to discuss the proposed changes in the Erosion Control and Sedimentation Control
Ordinance.
ADOPTION OF RESOLUTION SUPPORTING THE 2000 CENSUS
Chairman Caster advised that counties across the State have been requested by the North
Carolina Association of County Commissioners to adopt resolutions of support for the 2000 census
because an accurate census is critical to all counties when applying for support from federal and state
governments.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to adopt a
resolution of support for the 2000 census. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of the minutes and is contained in
Exhibit Book XXV, Page 22.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 544
PUBLIC HEARING TO CONSIDER A REQUEST BY U.S. ARMY CORPS OF ENGINEERS
TO APPROVE SUBDIVISION & ZONING TEXT AMENDMENTS REQUIRING THE
DELINEATION OF FEDERAL JURISDICTIONAL WETLANDS ON ALL PRELIMINARY
SUBDIVISION SITE PLANS (A-275, 12/96)
Planning Director, Dexter Hayes, reported on this item being discussed since the first of 1997.
The proposed amendment will require that federal jurisdictional wetlands be delineated on the
preliminary plan prior to approval of the plan. This regulation is not currently required, and the
arrangement with the Corps of Engineers is that once a plan is submitted to the County for
subdivision or site plan approval, a copy of the plan is forwarded to the Corps of Engineers for
comment. The County does not withhold action or wait to hear from the Corps of Engineers when
approving the preliminary plans.
Planning Director Hayes reported it is the feeling of the Planning Board and Staff that receipt
of information early in the development process will allow for better planning and design of a
subdivision, such as topography, wetlands, water and sewer capacity, transportation needs, etc. The
proposed amendment will simply add the following wording to the appropriate sections of the New
Hanover County Zoning Ordinance and New Hanover County Subdivision Ordinance: “Delineation
and surveyed lines of Corps of Engineers, Section 404 and Section 10.”
Planning Director Hayes advised that the Planning Board was in favor of the proposed
amendments because they are intended to make developers and property owners more aware of the
extent of wetlands and what permits might be needed before construction begins in these areas. If
the location of jurisdictional wetlands is not known, it may result in the fill, destruction or alteration
of the wetlands without proper authorization from the Corps of Engineers. When this type of
situation occurs, development projects have been ordered to cease until mitigation or remediation has
been effectuated. This is a costly process not only in money, but in natural resources and time.
Chairman Caster requested an explanation of the Section 404 and Section 10 as recommended
by the Corps of Engineers.
Planning Director Hayes explained that the Corps’ proposal would require a preliminary
delineation on the preliminary plan with the final delineation being made on the final map. The final
verification does not have to occur until the final map is submitted for recording.
Planning Director Hayes presented the following definitions of a preliminary plan approval
and final plan approval:
(1)The preliminary plan approval is an approximate approval. This is accomplished by hiring a
person with an environmental group to visit the site and determine whether wetlands are
located on the property. If it is felt that wetlands do exist, an approximate location is placed
on the preliminary plan without an actual survey being made.
(2)Final plan approval is a reflection of what has been accomplished with the subdivision and is
recorded in the Register of Deeds Office.
Chairman Caster noted that wetlands must be delineated; however, the question to address
is when the official delineation process should occur. He stated the letter received from Colonel
Terry R. Youngbluth, Wilmington District Army Corps of Engineers Office, dated April 26, 1999,
reads as follows:
“The Corps realizes the practicality of this approach to investment and development and does
not want to add to the cost of a preliminary plan that may not be approved. Because of this,
our amended recommendation for the County Commissioners is to approve an ordinance
similar to that of Brunswick County which reads as follows: “An approximate delineation of
wetlands at preliminary plat stage and surveyed delineation of federally regulated wetlands
at final plat stage are required in major subdivisions. Staff shall receive documentation from
the Corps of Engineers of wetland delineation to go in file.”
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 545
Chairman Caster stated this statement recognizes the fact that circumstances exist when the
developer does not own the land and does not want to spend a great deal of money on the wetland
delineation without purchasing the land.
Mr. Ernest Jahnke, a representative of the U. S. Army Corps of Engineers, reported the Corps
does try to work with developers. The first approach is to correct the current procedure to avoid
hearing cases in court. This is why wetlands should be delineated. The Corps cannot require a
wetland delineation until a land disturbing permit is needed at which point the delineation can be
required.
Chairman Caster requested Mr. Jahnke to explain how a wetland delineation is performed by
the Corps of Engineers.
Mr. Jahnke responded that a representative of the Corps will review the wetland delineation
of the property by visiting the site and performing a spot check of the land. Once there is a comfort
level with the spot check, the Corps will require the survey.
Commissioner Birzenieks asked how much time was involved with the Corps visiting the a
site once the plan has been submitted to the County.
Mr. Jahnke responded that the current time frame is within four weeks; however, the Corps’
Staff has committed to performing the survey within two weeks if the text amendments are approved
by the Board.
Chairman Caster asked Mr. Jahnke if the wetland delineation regulations being followed by
Brunswick County would be satisfactory for New Hanover County.
Mr. Jahnke responded the regulations being followed by Brunswick County would be
appropriate for New Hanover County.
Mr. Jahnke reported the original recommendation by the Corps was to require a surveyed
wetland delineation approved and verified by the Corps on the preliminary plat. After learning that
frequently developers do not own the land, the Corps decided not to require a verified survey wetland
delineation on the preliminary plan. The proposal being presented tonight states that for planning
purposes, an approximate delineation of wetlands is required for the preliminary plan. This type of
delineation will help to identify wetland soils, thereby assisting both the developer and the plan
reviewer in making wetland determinations. Coordinating with the Corps early in the site planning
process will allow the proponent to investigate alternatives that may eliminate the need for a permit
entirely or at least reduce the level and complexity of the permitting process. This will result in a
savings of time and money to the developer and ultimately reduce costs to the subsequent home buyer
and taxpayers.
Commissioner Howell suggested another way to deal with delineation of wetlands. He
stressed the importance of everyone understanding that during the preliminary planning process, no
land is being disturbed and no wetlands are being lost. When an individual acquires a piece of land
and requests final plat approval, an Erosion and Sedimentation Control Permit is required. This
means that the land cannot be disturbed without the permit. As referenced on Page 23 of the agenda
packet, one of the changes in the Zoning Ordinance will read as follows:
Any plan submitted for a land disturbing activity for which an environmental document is
required by the North Carolina Environmental Policy Act shall be deemed incomplete until
a complete environmental document is available for review. This documentation must include
CAMA areas, Conservation Overlay District, delineated wetlands, riparian buffers or any
other environmentally sensitive areas associated with the project.
Commissioner Howell stated that he intends to support the proposed changes in the New
Hanover County Soil Erosion and Sedimentation Control Ordinance because it will require all
development, commercial and residential, to follow the policy and obtain the necessary permits. The
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 546
proposal submitted by the Corps of Engineers only applies to subdivisions, not to commercial
development. He recommended adopting the amendments to the Soil Erosion and Sedimentation
Control Ordinance instead of the recommendations submitted by the Corps of Engineers and said this
amendment should be presented to the Board of County Commissioners within the next month.
Commissioner Davis stated under the proposal submitted by the Corps of Engineers, a
developer submits a plan for preliminary approval. At that time, the developer is required to pay a
consultant to provide an approximate delineation of wetlands on a piece of land. Once this is
completed, the approximate delineation is submitted with the preliminary plat and is not reviewed by
the Corps of Engineers. However, prior to the final plat being recorded, the developer is then
required to pay a consultant to perform a wetland delineation survey, and the Corps of Engineers will
review and certify the survey within two weeks. This certification by the Corps will remain in effect
for five years.
Commissioner Davis stated that under the proposal submitted by Commissioner Howell, it
appears the proposal submitted by the Corps of Engineers would not be needed because State
regulations have been included in the New Hanover County Soil Erosion and Sedimentation Control
Ordinance.
Commissioner Howell responded that the proposed changes to the Soil Erosion and
Sedimentation Control Ordinance will warn the developer up-front of the need to comply to wetland
delineation.
Mr. Jahnke advised that the proposal submitted by Mr. Howell appears to be good, but he
would like to review the document before making comments. He requested the Board to make a
decision tonight because this issue has been discussed for three years.
Commissioner Davis commented on the need to protect the wetlands and stressed the
importance of everyone understanding the proposals that have been submitted. He noted that
developers are concerned about the time involved with the Corps certifying a survey within two
weeks from the date of submittal. He asked Mr. Jahnke if the Corps could meet this deadline.
Mr. Jahnke responded that the Corps will be able to complete the work within two weeks,
and the agency will stand behind the survey for a period of five years.
Commissioner Davis asked Mr. Jahnke if he thought the wetland delineation should apply to
potential development of land that is less than one acre in size.
Mr. Jahnke responded that all wetlands should be delineated.
In closing his presentation, Mr. Jahnke informed the Board that Dr. Wainwright, Chief of the
Regulatory Division ,Wilmington District Corps of Engineers Office in North Carolina, was present
and stated he would like to comment on this issue.
Dr. Wainwright reported that Colonel DeLony, the new District Commander, fully endorses
the position of Colonel Youngbluth, which is to require the delineation of wetlands on the preliminary
subdivision plats, and a detailed wetland delineation on the final plats. The identification of wetlands
on a preliminary subdivision plat will provide the New Hanover County Planning Board with good
information that can be assimilated and dealt with when addressing issues in a subdivision, such as
a negative impact on water quality. New Hanover County and eastern North Carolina have two
serious concerns: (1) flooding, as demonstrated by recent events; and (2) protection of water quality.
Both of these issues will severely affect the economy, and it is important to recognize that wetlands
are the prime source for alleviating these problems. Tourists visit our community because of water
quality, seafood and recreational activities. Our sounds, streams, and shellfish areas must be
protected. The State of Georgia recently enacted legislation to require counties to delineate wetlands
on subdivision plats. He urged the Board to adopt the proposal presented by the Corps of Engineers.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 547
Chairman Caster asked if anyone from the public would like to comment.
Ms. Tracy Skrabal advised that the proposal submitted by the Corps is different from the one
submitted two years ago. This proposal is asking for preliminary site plan approval. The two-week
concern is not of importance because the Corps of Engineers will not be involved with the preliminary
site plan. The reputation of the consultant hired to survey the land will be on the line; however, most
of the consultants will probably accept that burden because an experienced person can be 95% correct
in wetland delineation without a great deal of work. An advantage of the proposal submitted by the
Corps is involvement of the Planning Staff early in the process, which will allow time for building
plans to be rearranged to accommodate identified wetlands.
In closing, Ms. Skrabal urged the Board to approve the proposal so wetlands in New Hanover
County can be protected.
A lengthy discussion followed on the differences in the proposals submitted by Commissioner
Howell and the Corps. Commissioner Howell noted that charging a maximum civil penalty of $5,000
per day for violating the Sedimentation Pollution Control Act should encourage developers to comply
to the amended New Hanover County Soil Erosion and Sedimentation Control Ordinance.
Further discussion was held on the provisions under the Clean Water Act. Vice-Chairman
Greer asked Ms. Skrabal if she was saying that when a developer draws a plan and later finds out
there are wetlands on the acreage, provisions under the Clean Water Act will allow incremental filling
of those wetlands.
Ms. Skrabal commented on the number of nationwide permits under the Clean Water Act that
allow for legal incremental filling, and she stated that many acres of wetlands have been lost due to
these regulations.
Vice-Chairman Greer commented on the need to consider changing the federal regulations,
and he expressed concern for being caught between what Ms. Skrabal has reported, the Corps
presentation, Commissioner Howell’s recommendation, federal regulations, and developers regarding
the delineation of wetlands. He emphasized the importance of everyone understanding that the
County Commissioners are not in favor of filling in wetlands, degrading the water quality, or causing
shellfish areas to be closed; however, it is difficult to know the best approach to take in preserving
our natural resources.
.
Ms. Skrabal responded that because of the lack of State and Federal enforcement personnel,
violations are occurring and wetlands are being filled. It is not the County’s job to protect federal
wetlands, but the taxpayers will end up paying the bill. People are violating the Clean Water Act and
CAMA regulations because the regulations are not being enforced. The County has an opportunity
to better protect our wetlands with adoption of the proposal submitted by the Corps.
Commissioner Birzenieks commented on the proposals presented by the Corps and
Commissioner Howell, and he asked Ms. Skrabal which proposal she would select.
Ms. Skrabal responded that New Hanover County would benefit from the proposal submitted
by the Corps and also Mr. Howell’s proposal; however, the Corps’ proposal requires the delineation
line of wetlands to be placed on the map for use by Staff. It is not the County’s line, but the Corps’
line.
Commissioner Howell noted that both proposals are saying the same thing. When the changes
to the New Hanover County Erosion Control and Sedimentation Ordinance are approved, this
document will require delineation of wetlands, CAMA jurisdictional areas, riparian buffers,
conservation overlay districts, and any other environmentally sensitive areas on the plan before land
disturbing activities can occur.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 548
Ms. Skrabal clarified the statement made by Commissioner Howell and stated that CAMA’s
jurisdiction extends 75 feet from the mean high water except in the outstanding resource border areas
where it is 575 feet. This means that a huge part of New Hanover County will not fall under the
requirement.
Commissioner Birzenieks commented on being fully supportive of the proposal submitted by
Commissioner Howell, but stated he did not feel a mistake could be made by adopting the proposal
submitted by the Corps of Engineers.
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
After further discussion, Commissioner Birzenieks MOVED, SECONDED by
Commissioner Davis to amend the Zoning Ordinance to require all future preliminary subdivision
plans to delineate federal jurisdictional wetlands as recommended by the U. S. Army Corps of
Engineers.
Vice-Chairman Greer commented on the language in the Brunswick County Zoning
Ordinance, and he suggested using the same wording, which will require an approximate delineation
of wetlands at the preliminary plat stage and surveyed delineation of federally regulated wetlands at
the final plat stage.
Substitute Motion:
After further discussion, Vice-Chairman Greer MOVED, SECONDED by
Commissioner Howell to use the language in the Brunswick County Zoning Ordinance.
withdrew the original motion.
Commissioner Birzenieks
Planning Director Hayes explained that the Brunswick County language would not fit into the
New Hanover County Zoning and Subdivision Ordinances. He recommended adding a subsection
to read as follows in the appropriate sections of both ordinances:
The delineation and surveyed lines of Corps of Engineers Section 404 and Section 10
Wetlands.
Mr. Donald Sullivan, a concerned citizen, strongly opposed additional regulations being
placed on the private landowners. He expressed concern for the bureaucrats and agencies that are
being paid by the hour to justify the existence of these regulations. He also objected to agencies
performing illegal searches and walking through private property to see what is being done on a site.
After being away from New Hanover County for 30 years, he is not familiar with the wetlands issue;
however, after learning that on March 1, 1999, these regulations became effective, he plans to get rid
of his property which was purchased without any plans for future development.
Mr. Sullivan advised that wetlands by regulations are annexed by the federal government as
waters of the United States for public use. It is difficult to justify this law when the Bill of Rights says
that no person shall be deprived of life, liberty, or private property without just compensation. The
only policy that would be legal is when the government delineates wetlands, the landowner receives
just compensation. If this action does not occur, the government has no right to control the property.
Any law or rule that takes the rights of a private property owner is in violation of the 5th Amendment
of the Constitution, and if necessary, he will go to court and exercise his rights under the 2nd
Amendment of the Constitution to defend his family and private property. He said the United States
of America is not a communist state, and private property is an important aspect of life in America.
Mr. Tom Cone presented petitions with over 1,300 signatures from citizens of the community
who are in support of the Corps of Engineers proposal, and he asked who would enforce the
ordinance if this policy is adopted.
Commissioner Howell responded that Ms. Beth Easley, the Sedimentation and Erosion
Control Officer would enforce the ordinance.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 549
withdrew his substitute motion
Vice-Chairman Greer and recommended substituting the
language in the Zoning and Subdivision Ordinances as recommended by Planning Director Hayes.
Chairman Caster requested Planning Director Hayes to re-state the recommendation.
Planning Director Hayes explained that the following subsection should be added to the
various sections of New Hanover County Zoning Ordinance and New Hanover County Subdivision
Ordinance:
The delineation and surveyed lines of Corps of Engineers Section 404 and Section 10
Wetlands.
Zoning Ordinance:
?
Revise Section 51.5-2, Performance Residential by adding the proposed subsection.
?
Revise 69.2, Site Plan by adding the proposed subsection.
?
Revise 69.4, High Density by adding the proposed subsection.
Subdivision Ordinance
?
Revise Section 32-2, Contents of the Preliminary Plan by adding the proposed subsection.
?
Revise 69.2, Plan by adding the proposed subsection.
?
Revise 69.4, High Density by adding the proposed
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer to approve the
delineation of federal jurisdictional wetlands and revise the New Hanover County Zoning Ordinance
and New Hanover County Subdivision Ordinance to reflect this change in the sections outlined by
the Planning Director. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969 AND SUBDIVISION ORDINANCE OF NEW HANOVER
COUNTY ADOPTED OCTOBER 18, 1965 is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XXV, Page 22.
BREAK
Chairman Caster called a break from 8:30 p.m. until 8:43 p.m.
CONTINUANCE OF PUBLIC HEARING 5.8 AND WITHDRAWAL OF PUBLIC HEARING
5.9 AS REQUESTED BY THE PETITIONERS
Chairman Caster reported that letters have been received from the petitioners requesting the
Board to continue and withdraw the following Public Hearings:
Continuance of Item 5.8 until November 1, 1999, a Public Hearing to consider a request
from Larry and Maggie Ripa to rezone 5.25 Acres located at the Northwest Intersection of
Smith Creek Parkway and Highway 321, North from R-15 Residential to O&I Office and
Institutional (Z-679, 8/99).
Withdrawal of Item 5.9, a Public Hearing to consider a request by Elizabeth Properties to
rezone 1.65 acres located in the 5100 Block of Carolina Beach Road from R-15 Residential
to O&I Office and Institution (Z-685).
Consensus:
After discussion of the adjacent property owners being notified about the continuance
and withdrawal requests, it was the consensus of the Board to continue Item 5.8 until November 1,
1999 and withdraw Item 5.9 as requested by the petitioner.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 550
PUBLIC HEARING TO CONSIDER A REQUEST BY LLOYD BRINKLEY TO MODIFY
AN EXISTING CONDITIONAL USE PERMIT TO INCLUDE ALTERNATIVE USES ON
PROPERTY LOCATED BETWEEN OAK RIDGE LANE AND GREENVIEW DRIVE ON
THE NORTHWEST SIDE OF MARKET STREET (Z-416, 9/90 AND 7/99)
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 step forward to be
sworn in by the Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Lloyd Brinkley
Vonda Byrd
Larry Croom
Lorri Curry
Danny Edens
Herman Herring
Samm Jernigan
Keith Mills
James G. Tyler
Elizabeth Thorpe
Cindee Wolf
Chairman Caster reported that each member of the Board had received the packet containing
the petition and letters of opposition signed by the residents of Greenview Ranches Subdivision.
Planning Director, Dexter Hayes, explained that currently there is a conditional use permit on
the property, which was approved by the Board of County Commissioners in September 1990. This
permit authorized Mr. Lloyd Brinkley to operate a retail nursery on the site. The petitioner is now
requesting the Board to modify the original permit to include alternative uses conforming strictly to
the B-1 Neighborhood Business Zoning District.
Planning Director Hayes reported when this request was heard by the Planning Board, there
was no opposition from residents living in the Oak Ridge Subdivision, Greenview Ranches
Subdivision, or the church adjacent to the applicant’s property. Following several comments about
drainage, Market Street access, and the types of proposed uses, the Planning Board recommended
approval, limiting the uses to a bank, financial services, sit-down restaurant, or professional offices.
On August 2, 1999, the Board of County Commissioners heard the request. After hearing
several residents from adjacent neighborhoods express concern about the size of the facility and the
encroachment of this commercial use into the surrounding communities, the Board continued the
hearing and Mr. Brinkley was requested to meet with adjoining residents to review the proposed site
plan to see if a satisfactory agreement could be reached among all parties involved.
Planning Director Hayes advised that the property owner had purchased additional land
adjacent to the property, and he requested the Board to review the following findings listed in the
Special Use Permit that was approved in October 1990. He also informed the Board that these
findings would remain in force if the requested modifications were approved by the Commissioners.
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 property is located to the east and at the entrance of Oak Ridge Subdivision and
Greenview Ranches Subdivision.
B. Access to the site is via Oak Ridge Lane and Greenview Drive. There is no direct
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 551
access to Market Street.
C. The site is located within the Ogden Volunteer Fire Department District.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A. Banks, Restaurants, and professional offices are permitted in the B-1 District.
B. Minimum setbacks and parking for the proposed use can be satisfied.
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.
A. There is no documented evidence to substantiate this proposal would cause negative
impacts on surrounding residential uses.
B. All lighting will be directed on site.
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 of New Hanover County based
upon the following findings:
A. A wholesale nursery operation is currently in operation on the site. Activities include
maintenance and establishment of nursery stock, a small office and one storage
building.
B. No vehicular driveways are proposed directly onto Market Street.
Planning Director Hayes informed the Board that when testimony is presented, it will be found
that the applicant has purchased additional properties to the rear of the existing site. It appears that
he purchased Parcels 9 and 13.
Discussion followed on the access to the site. Commissioner Howell advised that many
residents living on Greenview Drive were concerned about this road being used for access.
Chairman Caster asked if the petitioner would like to speak.
Ms. Cindee Wolf, representing the petitioner Lloyd Brinkley, reported that Mr. Brinkley did
write a letter to the residents detailing the modified plan with maps and exhibits showing how the
property would be developed. Unfortunately, the residents did not contact Mr. Brinkley and he was
not aware of the concerns that have been presented to the Board prior to this meeting.
Ms. Wolf noted that some of the residents are concerned about Mr. Brinkley purchasing lots
9, 10, and 11 adjacent to his property. She stressed the importance of everyone understanding that
the recently acquired lots are not part of the petition. The modified site plan has oriented the
buildings more toward Oak Ridge Drive. The proposed plan for office and small retail uses will
prevent large trucks from using Greenview Drive to deliver supplies to the existing nursery. Also,
a turn lane will be required onto Greenview Drive, which will benefit the residents as well as the
businesses. Mr. Brinkley contacted the church, and he has agreed to eliminate seven parking spaces
and create an impervious paver stone access. This road will not be used as part of the traffic
circulation pattern. The plan will preserve the trees and is a less intense use than the existing nursery.
In concluding the presentation, Ms. Wolf informed the Board that the petitioner agrees with
the limited uses recommended by the Planning Staff; however, Mr. Brinkley would like for basic
store-front retail uses, such as a gift shop, to be included in the limited uses. She requested the
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 552
Board to approve the modified site plan that will replace the existing nursery with a less intense use.
Chairman Caster asked if any person sworn in by the Clerk to the Board would like to present
testimony.
Ms. Lorri Curry, a resident living on Greenview Drive, informed the Board that she did not
receive a letter from Mr. Brinkley explaining the modified site plan. She expressed concern about
increased traffic on Greenview Drive with retail shops and a sit-down restaurant. She also
commented on the sale of alcoholic beverages and asked if any restrictions had been placed on the
hours of operation. She requested the Board to deny the request and allow the nursery to operate
on the existing site. If the site plan is modified and later Mr. Brinkley decides to use the recently
acquired lots, the neighborhood will be severely impacted by commercial encroachment.
Ms. Vonda Byrd, a resident of 217 Greenview Drive, expressed concern for further
commercial intrusion into the neighborhood with approval of the modified plan. She noted that
Greenview Drive is a small street and cannot accommodate more traffic. With this road being used
as the designated bus stop, increased traffic will be a safety hazard to children living in the area. She
requested the Board to deny the request and prevent further commercial encroachment into the
neighborhood.
Mr. Samm Jernigan, representing the church adjacent to the property, informed the Board that
members of the church were concerned about the land on the back of the site. When reading the
planning file, it was difficult to know where the uses will be placed on the site. He requested the
Board to limit the building to 8,000 square feet, eliminate bars, and entertainment to better control
the traffic in the neighborhood.
Planning Director Hayes explained that all restaurants have bars, but the purpose of the facility
is for food sales. Hours of operation can be imposed, but the consumption of alcohol cannot be
limited because the sale of alcohol falls within the State’s jurisdiction.
Ms. Elizabeth Thorpe, a resident of Greenview Ranches, stated that she has worked for a
restaurant, which requires the delivery of materials by large trucks and garbage trucks. This type of
use will erode the quality of life on Greenview Road. At the neighborhood meeting, Mr. Brinkley
advised that the restaurant facility would be similar to an Outback Restaurant with a bar. Many of
the residents attending the meeting were opposed to the use. Concern was also expressed for the
N. C. Department of Transportation stating that no road improvements would be performed. This
is already a high traffic area, and if the turn lane is not installed, this will become a safety hazard for
the traveling public. Ms. Thorpe requested the Board to deny the request.
Mr. Danny Edens, a resident of Greenview Drive since 1965, advised that he purchased his
property to live in a residential area. This is a small neighborhood that does not need a restaurant.
He asked what will happen if the restaurant should fail, and he presented pictures of trash and
containers located behind restaurant facilities. He requested the Board to deny the request because
of increased traffic, noise, odor, and litter, which will destroy the quality of this residential
neighborhood.
Mr. Herman Herring, a resident of Greenview Drive, expressed concern for the trash and litter
located behind a restaurant which is not desired by anyone.
Mr. Lloyd Brinkley, the petitioner, reported that the property is extremely well buffered. He
said the reason for purchasing lots 9, 10, and 11 was because lots 10 and 11 are in his backyard. Lot
9 has a residential dwelling on the site with an 8-foot fence and 35-foot buffer. This house is rented.
Lot 13 is owned by Ms. Elizabeth Thorpe, who has complained about the smell; however, with two
horses, 10 sheep, a few goats, chickens, and a donkey, the lot smells after any heavy rainfall.
Mr. Brinkley said after meeting with the church council, he had agreed to eliminate the seven
parking spaces and provide a pervious surface access, not an impervious surface, as indicated by Ms.
Wolf. He also said while meeting with Mr. Herring, copies of two letters were given to him to hand
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 553
out and invite concerned residents to attend a meeting. After not hearing from any of the residents,
he postponed the meeting for a month and again for another 30 days to provide an opportunity to
meet with the neighbors to discuss their concerns.
Commissioner Howell asked if the nursery operation will be moved to the recently acquired
lots.
Mr. Brinkley responded he may eventually grow trees on the lots 10 and 11 for the landscape
and nursery business. Currently, there are no plants on the lots. Six loads of dirt have been delivered
to fill in a low spot.
Ms. Lorri Curry commented on the statement made by Mr. Brinkley about not using the
recently acquired lots for a nursery business, and she informed the Board that huge irrigation pipes
were on the site as well as a large fence, which makes it difficult to think that only trees will be
planted on the property. She urged the Board to deny the request.
Commissioner Davis asked Planning Director Hayes if additional restaurants and retail stops
were needed in this area.
Planning Director Hayes responded that new restaurants have opened in the area as well as
some retail service centers.
Chairman Caster closed the Public Hearing.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to DENY the
request based upon the location and character of the use not being in harmony with the area. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A REQUEST BY JEFF SMERKO TO REZONE 4.99
ACRES LOCATED AT THE NORTHWEST CORNER OF PARK AND HINTON AVENUES
FROM R-15 RESIDENTIAL TO CONDITIONAL USE O&I OFFICE AND INSTITUTION
(Z-676, 7/99)
Chairman Caster opened the Public Hearing and announced that the conditional use process
requires a quasi-judicial hearing; therefore, any persons wishing to speak must be sworn in by the
Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Jeff Smerko
Ronnie Ansbach
Mary Haneman
Billy F. Capps, Sr.
Susan McDaniel
Adger Wilson
Cindee Wolf
Planning Director, Dexter Hayes, reported that the Planning Board voted 5-1 at its August
5, 1999 meeting to recommend denial of the rezoning request. Residents along Hinton Avenue
opposed to the petition expressed concern about existing drainage problems, disruption of the
neighborhood, and setting a precedent to allow further commercial encroachments along this road.
One resident in favor of the request indicated that the rezoning would be an improvement to the area.
This rezoning case was “tabled” by the Planning Board at their July 1, 1999 meeting. This
case was tabled to allow Staff an opportunity to review a text amendment submitted by the petitioner
to reclassify Hinton and Park Avenues from residential streets to collector roads based on adopted
criteria from the New Hanover County Thoroughfare Classification Plan. Commercial and Office
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 554
& Institutional rezoning requests cannot be considered unless the uses are located on a collector
road.
Planning Director Hayes reported that the Planning Staff continues to believe that the best use
for the property is residential and recommends denial of the request. He also informed the Board that
some revisions have occurred to the plan since the Planning Board meeting.
Planning Director Hayes presented the following preliminary findings:
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 property is located in the Seagate Volunteer Fire Department District.
B.The site has primary access to Park Avenue, which is a “Collector Road”.
C.Public water and sewer service is available in the area.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A. A site plan displaying 10 building structures (2 phases) for professional use totaling
57,498 square feet is displayed.
B.Approximately 146 parking spaces are shown, which meets the intent of the Zoning
Regulations.
C.Existing mature vegetation will remain on the site.
D.Bufferyards and setbacks will be dictated by the height of each building structure.
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 property will have direct access from Park Avenue.
B.Property west and adjacent to the site is vacant. Property to the north of the site is
residential.
C.Property south of Park Avenue is zoned commercial
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 of New Hanover County based
upon the following findings:
A.Land Use Policy guidelines allow for intensive urban development on lands that have
been or will be provided with public water and sewer.
B.Property to the south of the site between Hinton and Oleander Avenues contain a
mixture of commercial and professional uses.
Commissioner Howell asked if the drainage problem will be improved by approval of the plan.
Planning Director Hayes responded that the petitioner will address the drainage plan.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 555
Commissioner Davis asked Director Hayes if he had time to review the changes in the plan
just presented to the Board.
Director Hayes said that he had reviewed the plan; however, the Planning Board was
concerned with the scale and size of the project on Hinton Avenue. Staff still has the same concerns.
Chairman Caster expressed concern for receiving the modified plan at such a late date, and
he requested Mr. Smerko to avoid presenting information at the last minute for future hearings.
Mr. Jeff Smerko informed the Board that he tried to submit the plan prior to the meeting, and
he apologized for the lateness in presenting the plan.
Attorney Susan McDaniel, representing Jeff Smerko, reported that Mr. Smerko is requesting
the Board to rezone five acres on the corner of Hinton Avenue and Park Avenue from R-15
Residential to O&I Office and Institution with a conditional use designation and issuance of a Special
Use Permit to construct a village style professional office center comprised of 10 buildings. Some
of the building will be one story, two story, and a hybrid combination. The packet just received by
the Board contains a site plan showing an overview of the site and buildings; an architectural
rendering of the building; a topographic survey; a large site plan; an aerial photograph outlining the
site in location to Oleander Drive, Park Avenue, Hinton Avenue, Wrightsville Avenue, and Greenville
Avenue. A tax map has also been included in the packet showing the rental properties in the area
as well as photographs of the neighborhood. An affidavit from Mona Black and a drainage exhibit
have been included in the information.
Attorney McDaniel requested Ms. Cindee Wolf to explain the site plan.
Ms. Cindee Wolf reported that the site plan has been adjusted to address some issues of
concern expressed by the Planning Board and Staff. The plan has been reduced by 8,000 square feet.
All buildings in the original plan were two story structures. The developer now has a combination
of different styles with one story, two story, and hybrid structures. The buildings will be placed on
the site to preserve large trees, and medians and planted islands will be installed.
Commissioner Howell requested an explanation of how down stream drainage will be
addressed.
Attorney McDaniel explained that a drainage ditch runs northwest from Hinton Avenue across
the site through the northeast portion of the property owned by Dr. and Mrs. Black crossing under
an existing culvert at Wrightsville Avenue and finally discharging into Bradley Creek. With intensive
storm events, there is a positive elevation grade between the discharge basin and the outfall; therefore,
the existing elevation of the culvert can achieve positive drainage if the ditches are cleaned. At
Hinton Avenue, the grade of the ditch is two inches higher than the grade of the pipe. The developer
has agreed to take the responsibility of maintaining the ditch on the site and the Black’s property until
this ditch is taken over by the City or County. Dr. and Mrs. Black are willing to grant a permanent
construction easement for maintenance of the ditch. This should create a positive impact on the
drainage in the area.
Mr. Jeff Smerko, the petitioner, reported the entire site has been topographically surveyed.
There is a history of a drainage problem between Park Avenue and Oleander Drive. The lift station
located in this area periodically floods during intensive flood events. In 1994, Vector Control cleaned
the ditches along Hinton Avenue and an easement was obtained from Dr. and Mrs. Black to re-dig
the ditch to Wrightsville Avenue. When Shell Road Village was constructed, a permanent easement
was acquired from Mr. Herman Summerlin to clean the ditch over to Andover Drive. A culvert was
installed 12 feet deep with 36 inch pipe under Wrightsville Avenue that handles flooding in the area.
No maintenance or improvements have been made to the ditch since that time. The grade of the ditch
is two feet higher than the invert of the pipe running under Hinton Avenue. In order to facilitate
positive drainage on the proposed site and Michelle Drive, the ditch will be maintained until accepted
by the City or County.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 556
Commissioner Howell said if the invert of the pipe downstream is two feet higher than the
pipe upstream will this be sufficient to handle the flow.
Mr. Smerko explained that the invert of the pipe at Elevation 12 flowing downstream to
Elevation 11 is only one foot of fall across the area; however, if the ditch is dug flat, it will prevent
ponding and control flooding.
Attorney McDaniel advised at the last meeting of the Board of County Commissioners, Park
Avenue was reclassified from a residential street to a collector road and Hinton Avenue remained a
residential avenue. This is important because Staff was concerned about further commercial
development along Hinton Avenue if the project was approved. This conditional use will be in
compliance with the Land Use Plan as an appropriate transition from an intensive commercial use on
the south side of Park Avenue and a residential use on the north side of Park Avenue. Staff feels the
petitioner’s vision for the property is well thought out, mature trees will be preserved, and the
findings with respect to the Special Use Permit are positive. The County Commissioners have the
authority to impose conditions that will make the use more acceptable to the surrounding area. The
plan meets the commercial node regulations, and it will provide affordable office space to the area.
Attorney McDaniel requested the Clerk to the Board to enter the affidavit from Mrs. Mona
Black into the record. She said that discussion has been held with the neighborhood about the
project; however, after meeting with Ms. Mary Haneman, she is still opposed to the project because
of the retention pond being within view of her property. The developer has agreed to alleviate this
problem by constructing a high landscaped berm with a fence in front of the berm.
Mr. Adger Wilson, a licensed real estate broker, said after reviewing the site plan it is his
opinion that the proposed use will enhance the value of adjoining properties, the use will not endanger
the public health or safety if located where proposed and developed according to the plan as
submitted and approved, and location and character of the use will be in harmony with the area in
which it s to be located.
Mr. Wilson explained that all buildings will be arranged in a park-like setting by having a
number of separate structures. The trees will be preserved, and the project will be a low-key type of
development. The site is not desirable for residential single-family development because the
property is surrounded by commercial uses and the area needs a buffer to act as a transition from
commercial uses to the residential area located to the west. If the property is not developed as a
unified plan, the drainage will not be addressed as planned by Mr. Smerko. The photographs
presented show that the character of the vicinity is not desirable for residential purposes.
Mr. Bill Capps, one of the property owners, advised that his family is in full support of the
project. The property is no longer suitable for residential use because of commercial uses across the
street on the southside of Park Avenue. After personally reviewing Mr. Smerko’s application, site
plan, and architectural renderings, the family believes this project is the most appropriate use for the
property. The mature trees will be preserved and the offices will have a residential look and appeal.
The plan is also designed to alleviate the current drainage problems by re-digging and maintaining an
existing unmaintained ditch. The proposed use will provide a good transition between the commercial
and residential uses.
Chairman Caster asked Mr. Smerko if he agreed with the findings presented by the Planning
Director.
Mr. Smerko concurred with the findings as presented.
Chairman Caster asked if any person sworn in by the Clerk to the Board would like to present
testimony.
Ms. Mary Haneman, a resident of Hinton Avenue since 1951, said the 16 permanent residents
living on Hinton Avenue maintain their homes and lawns. These residents object to the proposed
rezoning because of further commercial encroachment into a residential neighborhood. The two
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 557
natural ponds on Oleander Drive have now been filled and as a consequence drain down to Hinton
Avenue, which now contains a shopping center and gas station. The family brick residence now
contains a commercial storage office and mini-storage units. An area that was rezoned for a
commercial beauty shop now houses a salon. The Oleander Trade Center on Hinton Avenue contains
12 office spaces and the Hinton Avenue Trade Center has 20 office spaces. A two-story house fell
prey to arson and now has a wrecked car lot on the site. Also, there is a garage and sewer pump
station with asphalt and concrete. Hinton Avenue has become a retention pond for the runoff from
Oleander Drive. Recently, Oleander Oaks with 46 office spaces has opened draining by Park Avenue
onto Hinton Avenue. The residents object to this residential street being rezoned one lot at a time
and being subjected to commercial encroachment. Developers are attacking one house at a time
throughout communities in the county, and this is not fair to residential neighborhoods.
Ms. Haneman said the bulk of the property under the proposed site plan has a 587 foot road
frontage on Hinton Avenue and it encompasses four lots to be converted to O&I uses. If the
proposed project is approved, the impervious runoff and density will only increase flooding problems.
If the project is approved, there will be four retention ponds in a small area around Hinton Avenue.
These areas are Wrightsville Green, Park Avenue, and Shell Road Village. These retention ponds
drain into flood prone areas. She requested the Board to deny the request in order to protect the
neighborhood.
Mr. Ronnie Ansbach, a resident of 5830 Shell Drive, reported on living in the neighborhood
for 13 years and reported that Vector Control and the N. C. Department of Transportation cleaned
out the ditch which relieved the area for a period of time. However, during the last storm, 12 houses
flooded. If the proposed site plan is approved, it should provide better drainage for the entire area
and improve the appearance between residential and commercial uses. He requested the Board to
approve the modified site plan as presented.
There being no further comments, Chairman Caster closed the Public Hearing.
Commissioner Birzenieks asked what percent of the unincorporated county was zoned for
Office and Institution uses.
Planning Director Hayes responded less than 5 percent was zoned Office and Institution.
Commissioner Birzenieks asked if the project would help to resolve drainage in this area.
Planning Director Hayes said if off-site drainage improvements are accepted as offered by the
petitioner, the drainage should be improved.
Vice-Chairman Greer asked Ms. Haneman if she understood the difference between a
conditional use and regular zoning case. He explained that with conditional use, the use on the site
cannot be changed unless it is approved by the Board of County Commissioners.
Ms. Haneman responded that she did understand the difference. She strongly objected to
continued intrusion of commercial development into the neighborhood with 32 existing office spaces.
Vice-Chairman Greer requested Mr. Smerko to explain the proposed berm and fence.
Mr. Smerko explained that a berm and fence will be constructed along the property line of Ms.
Haneman’s property. Consideration has been given to reversing the pond and building so Ms.
Haneman will not have a view of the retention pond. Picnic tables and a foundation will be placed
around the pond.
Commissioner Howell asked Mr. Smerko if the drainage was adequate to drain the area.
Mr. Smerko said the drainage in the area will be improved with his offer to clean and maintain
the ditch.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 558
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to approve
rezoning 4.99 acres located on the northeast corner of Park and Hinton Avenues from R-15
Residential to Conditional Use O&I Office and Institution and to approve a Special Use Permit in a
Conditional Use Zoning for placement of professional offices as outlined under application number
Z-676 submitted by Jeff Smerko based upon the evidence and findings concluding that the proposed
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 proposed use meets all required conditions and
specifications of the Zoning Ordinance; the proposed use will not substantially injure the value of
adjoining or abutting property, or that the use is a public necessity; 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 contingent upon the following conditions:
?
The updated site plan will consist of one story, two story, and hybrid buildings.
?
Off-site drainage improvements will be maintained by the applicant or assignees including the
Black property.
?
A fence and berm will be erected around two sides of the retention pond.
Chairman Caster asked Mr. Smerko if he agreed with the conditions.
Mr. Smerko concurred with the conditions.
Upon vote, the MOTION CARRIED BY A 3 TO 2 VOTE AS FOLLOWS:
Voting Aye: Commissioner Birzenieks
Commissioner Howell
Vice-Chairman Greer
Voting Nay:Commissioner Davis
Chairman Caster
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE
ZONING MAP OF ZONING AREA NO. 9B 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 9-B, Page 88.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book III, Page 2.
A copy of the Mona Black Affidavit is hereby incorporated as a part of the minutes and is
contained in Exhibit Book XXV, Page 22.
PUBLIC HEARING TO CONSIDER A REQUEST BY GREENVILLE AVENUE, LLC FOR
WILLIAM ZOPFI TO REZONE 1.18 ACRES ON THE CORNER OF PARK AND
GREENVILLE AVENUES FROM R-15 TO CONDITIONAL USE O&I OFFICE AND
INSTITUTION (Z-681, 9/99)
Chairman Caster opened the Public Hearing and announced that the conditional use process
requires a quasi-judicial hearing; therefore, any persons wishing to speak must be sworn in by the
Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Cindee Wolf
Adger Wilson
Susan McDaniel
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 559
Planning Director, Dexter Hayes, reported that on September 2, 1999, the applicant presented
a revised site plan. There was no opposition from adjacent landowners. The Planning Board
approved the Conditional Use (O&I) with the condition that the architecture of the buildings facing
Greenville Avenue have a porch along a minimum of 50% of the facade and that no utility apparatus
will be located along Greenville Avenue. Side locations are acceptable where reasonable screening
can be provided. The Planning Board also agreed with Staff’s recommendation to rezone adjacent
Parcel 8 and Parcel 16 to B-1, which will be presented to the Board of County Commissioners at a
later date.
Planning Director Hayes presented the following preliminary findings:
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 site will be served by county sewer and community water.
B.Access to and from the site is proposed on Greenville Avenue, which is classified as
a Collector.
C.The site is located in the Seagate Volunteer Fie Department District.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.The site is currently zoned R-15 and is classified Urban Transition in the 1993 Land
Use Plan. The applicant proposes a change of zoning to CD (O&I)
B.The required building setback is 25 feet.
C.The required number of parking spaces is 38. The petitioner’s plan shows 57 spaces.
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 property east of the subject site is currently zoned B-1, while zoning to the west
and to the north of the site is R-15.
B.The subject property is currently in disrepair with debris, old cars, and boats in the
yard.
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 of New Hanover County based
upon the following findings:
A.The proposed architecture and site layout appears to be in keeping with the
surrounding residential character.
B.Landscape buffers will also provide a more residential character to the site.
Attorney Susan McDaniel, representing Greenville Avenue LLC, advised that the applicant
is requesting the Board to rezone 1.88 acres of property located at the southeast corner of Park and
Greenville avenues from R-15 Residential to Conditional O&I with a request for a Special Use Permit
to build three two-story office buildings on the site. She noted that the Planning Director had already
informed the Board that Staff recommends rezoning Parcel 8 and Parcel 16 to B-1. The owner of the
property did appear before the Planning Board and advised that she had no objection to rezoning the
parcels.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 560
Attorney McDaniel advised that the revised plan addresses concerns expressed by the
Planning Board at the meeting held on October 2, 1999. She presented a packet consisting of a large
version of the revised plan and three aerial photographs showing the commercial areas surrounding
the property. She explained that the following changes have been incorporated into the revised plan:
?
Building II has been moved closer to Greenville Avenue to be consistent with the setbacks
of the other buildings.
?
The access points on Greenville Avenue have been eliminated because of a potential traffic
conflict in the vicinity of Park Avenue, Bagley Avenue, and Greenville Avenue. The access
has been relocated to Lame Avenue.
Commissioner Davis asked Planning Director Hayes if he concurred with the recommendation
of the Planning Board.
Planning Director Hayes responded that he agreed with the revised plan because Staff’s
concerns have been addressed.
Chairman Caster asked Attorney McDaniel if the petitioner concurred with the findings
presented by the Planning Director.
Attorney McDaniel stated the petitioner agreed with the findings as presented by the Planning
Director.
Chairman Caster asked if anyone sworn in by the Clerk to the Board would like to present
testimony.
No testimony was presented.
Chairman Caster closed the Public Hearing.
Planning Director Hayes reported that the revised site will have 52 parking spaces instead of
57, which complies with the existing urban transition classification of the Land Use Plan; the property
does front Greenville Avenue, which is classified as a collector street; and Staff’s concerns have been
included in the revised plan.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to approve
CD(O&I) Conditional Use Office and Institution zoning for 1.18 acres south of Park Avenue and east
of Greenville Avenue from R-15 Residential subject to the conditions recommended by the Planning
Board and changes presented in the revised plan, and to grant a Special Use Permit to locate
professional offices on the site based upon the evidence presented and findings of fact 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; 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 will be in
harmony with the area if developed according to the plan as submitted and approved, and in general
conformity with the plan of development for New Hanover County. 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. 2 OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED DECEMBER 15, 1969 is hereby incorporated as a part of the minutes and
is contained in Zoning Book I, Section 2, Page 44.
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book III, Page 2.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 561
PUBLIC HEARING TO CONSIDER A REQUEST FROM WOODROW GLAZIER FOR A
SPECIAL USE PERMIT TO LOCATE A SINGLE-WIDE MOBILE HOME AT 2031
OAKLEY ROAD IN THE WRIGHTSBORO COMMUNITY (S-447, 10/99)
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 step forward to be
sworn in by the Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Woodrow R. Glazier
Planning Director Dexter Hayes reported that Mr. Woodrow R. Glazier has requested a
Special Use Permit to locate a single-wide mobile home at 2031 Oakley Road in the Wrightsboro
Community. He presented the following preliminary findings:
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 site is served by an individual well and septic tank.
B.Access to and from the site is proposed on Sandhill Drive off Oakley Loop Road.
Sandhill Drive is a private drive over an existing access easement. This easement
provides access to two other lots.
C. There is an existing house on the subject property.
D. The site is located in the Wrightsboro Volunteer Fire Department.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.The subject property is zoned R-20 and the land classification is resource protection.
Single-wide mobile homes are permitted by special use permit in the R-20 zone.
B.The Zoning Ordinance requires a minimum lot width of 90 feet, front yard setback of
30 feet, side yard setback of 15 feet, rear yard setback of 25 feet, and a maximum
building height of 35 feet.
C.The Zoning Ordinance requires 20,000 square feet per dwelling unit.
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 surrounding land use is residential/farmland. The surrounding zoning is R-20.
B.Other single-wide mobile homes are located nearby.
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 of New Hanover County based
upon the following findings:
A.The proposed use appears to be in harmony with the area and is consistent with the
New Hanover County Land Use Plan.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 562
B.The proposed use should not have any positive or negative impact on adjacent
property values.
Chairman Caster asked Mr. Woodrow R. Glazier if he concurred with the findings as
presented by the Planning Director.
Mr. Glazier agreed with the findings as presented.
Chairman Caster asked if any person sworn in by the Clerk to the Board would like to
comment.
No testimony was presented.
Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Chairman Caster to grant the Special
Use Permit submitted by Woodrow Glazier to locate a single-wide mobile home on property located
at 2031 Oakley Road in the Wrightsboro Community based upon the evidence presented and the
findings of fact 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. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as part of the minutes and is
contained in SUP Book III, Page 2.
PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL USE PERMIT TO
ALLOW DURE JO GILLIKIN TO LOCATE A CHILD DAY CARE FACILITY AT 108
SEBRELL AVENUE (S-444, 9/99)
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 step forward to be
sworn in by the Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Howard Capps
Dan Wallace
Minnie Evelyn Wilson
Planning Director Dexter Hayes reported at the September 2, 1999 meeting, the Planning
Board recommended approval of a Special Use Permit for a Child Day Care Facility to locate at the
southwest corner of Park Avenue and Sebrell Avenue subject to the applicant providing a 25 foot
setback from Sebrell Avenue and a 6-foot solid fence for screening along Sebrell Avenue. Several
neighbors expressed concern about the traffic on a narrow road and also felt that drainage outlets and
retention areas were needed.
Planning Director Hayes presented the following preliminary findings:
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 site will be served by county sewer and community water.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 563
B.Access to and from the site is proposed on Park Avenue. The nearest access to Park
Avenue from Oleander Drive is Sebrell Avenue. Neither road is classified by the New
Hanover County Thoroughfare Classification Plan as an arterial road or a collector
road.
C.The site is located in the Seagate Volunteer Fire Department.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.A child day care center may be permitted in any residential district subject to the
dimensional requirements of the district. The site is currently zoned R-15.
B. Off-street parking meets the requirements of the zoning ordinance. Thirty-seven
spaces are required and forty-six spaces are provided according to the plan, including
two handicapped spaces.
C.The driveway access meets the requirements of the zoning ordinance.
D.The entire play area is fenced with a minimum fence of 4 feet in height as required in
the Zoning Ordinance.
E.The outside sign is 2 square feet maximum as described in the Zoning Ordinance.
F.The construction and operation of the facility shall comply with the provisions of the
general statutes of the state of North Carolina and any other applicable federal, state
or local codes.
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 surrounding land use is residential. The surrounding zoning is R-15 Residential.
B.Elementary School use is permitted in all residential zones as shown in section 50.5
(Table of Permitted Uses) in the New Hanover County Zoning Ordinance.
C.A retention pond is shown for storm drainage. Impervious area is 51,924 square feet
(36.1%).
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 of New Hanover County based
upon the following findings:
A.The primary use in the vicinity is residential.
B.Other schools and day care facilities are located in residential areas throughout the
County.
Commissioner Davis asked if the concerns of Staff had been addressed.
Planning Director Hayes responded the setback and fencing along Sebrell have been
addressed.
Commissioner Davis asked if the pedestrian access had been addressed.
Planning Director Hayes responded that Mr. Capps will respond to this issue.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 564
Chairman Caster asked if the petitioner would like to speak.
Mr. Howard Capps, a landscape architect representing the petitioner, advised that due to the
success of the Noble Learning Center, the company needs to locate another Child Day Care Facility
in the community. After the site plan was finished, discussion was held with adjacent property owners
about the plan. Vehicular access from Park Avenue is proposed since this is a larger street. The
neighbors do not object to the location of the parking spaces, but residents living on Sebrell Avenue
across from the site have expressed concern about the closeness of the building and the fact that the
fence will be only 4 feet high. The neighbors have requested a fence with a height of 6 feet along
Sebrell Avenue. The petitioner has agreed to provide a 25 foot setback from Sebrell Avenue and
install a 6-foot solid fence for screening along this road.
Mr. Capps referenced the pedestrian access questioned by Commissioner Davis and stated the
site plan shows parking with a covered walkway area and a sidewalk running the length of the school
site. He said if other access is needed, the petitioner will be glad to address this issue.
Commissioner Davis asked Planning Director Hayes if the information provided by Mr. Capps
addresses the concerns of Staff.
Planning Director Hayes responded that the site plan shows a sidewalk on one side of the
building, but there is nothing that links the parking with the pedestrian access on the future addition.
If the sidewalk is extended along the eastern drive, this would provide better parking access from the
parking area.
Mr. Capps advised that the petitioner would be glad to extend the sidewalk by the elementary
school and parking lot.
Commissioner Davis commented on the recreational area being small for the number of
students, and he asked if was still a concern of Staff.
Planning Director Hayes explained that the recreational area complies to State requirements
for a Child Day Care Facility. He stated that New Hanover County does not have any recreational
standards for school sites.
Mr. Capps said when this issue came up at the Planning Board meeting, he discussed it with
the owners. The recreational area was based on 75 square feet per child, which exceeds the State
standards.
Commissioner Davis expressed appreciation to Mr. Capps for being willing to address the
concerns of the neighbors and Staff.
Mr. Capps said the plan meets the requirements, and the use will not injure the value of
adjoining properties.
Chairman Caster asked if persons sworn in by the Clerk to the Board would like to present
testimony.
Ms. Mary Evelyn Wilson, Principal of the Early Childhood Learning Center, said there is a
demand for pre-school grades, and she requested the Board to approve the Special Use Permit.
There being no further comments, Chairman Caster closed the Public Hearing.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Birzenieks to grant the
Special Use Permit to Dure Joe Gillikin to locate a Child Day Care Facility at the southwest corner
of Park Avenue and Sebrell Avenue subject to the applicant providing a 25-foot setback from Sebrell
Avenue; erecting a 6-foot solid fence for screening along Sebrell Avenue; and extending the proposed
sidewalk along the eastern drive to provide better pedestrian access from the parking area based upon
the evidence and findings of fact concluding that the use will not materially endanger
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 565
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. 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 III, Page 2.
BREAK
Chairman Caster called a break from 10:15 p.m. to 10:25 p.m.
PUBLIC HEARING TO CONSIDER A REQUEST BY ALTON LENNON FOR ARCHIE
MCGIRT AND GAIL BATTEN TO REZONE 14.78 ACRES IN THE 400 BLOCK OF
MOTTS CREEK ROAD FROM R-15 RESIDENTIAL TO R-10 RESIDENTIAL. (Z-678, 8/99)
Chairman Caster opened the Public Hearing.
Planning Director Hayes reported that the area is classified as urban transition, which allows
for intensive urban development on lands that have been or will be provided with necessary urban
services. Residential development can exceed 2.5 units per acre provided the development is serviced
by the City or County sewer systems and has direct access to a major road.
Planning Director Dexter Hayes advised that on August 5, 1999, the Planning Board voted
6-0 to approve the request. One concern by Staff was the availability of alternative access to the
property along with water and sewer services. The applicant stated that additional access could be
obtained from Carolina Beach Road to the site. The applicant also noted that water and sewer service
would be obtained once the property is submitted for site plan review. The New Hanover County
Zoning Ordinance requires that either water or sewer must be available to the property to qualify for
R-10 Residential zoning.
In closing, Planning Director Hayes stated that Staff has no opposition to the rezoning if water
or sewer is made available to the site.
Attorney Alton Lennon, representing Archie McGirt and Gail Batten, presented letters
showing that water and sewer will be available to the site. A letter from Mr. Hugh Caldwell, the
Director of Public Utilities for the City of Wilmington was presented showing that sewer would be
provided to the site, and a letter dated October 1, 1999, addressed by Mr. Ed Mitchell to Mr. Archie
McGirt was presented showing that DalHar Construction Company will provide water to the site.
Attorney Lennon presented a sketch of the plan for a performance subdivision with 48 units.
The number of curb cuts onto Carolina Beach Road will be minimized by using an existing road to
create less congestion on Carolina Beach Road.
Commissioner Davis commented on the access concerns by Staff and he asked Planning
Director Hayes if the use of an existing road to minimize the curb cuts would address these concerns.
Planning Director Hayes explained that this information was not available when the plan was
initially prepared. When the subdivision plan is received for approval, access by an existing road will
become a part of the plan.
Commissioner Davis asked if flooding had been addressed.
Attorney Lennon said an existing road with a culvert is in place on the site. He assured the
Board that no development would occur in the floodplain.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 566
Planning Director Hayes advised that when the site plan is submitted, flooding will have to
be addressed.
Chairman Caster asked if anyone from the public would like to comment.
Mr. Jay Barton, a resident of Motts Creek Road representing five of the seven existing
homeowners living in Holly Ridge Subdivision, advised that the existing access road referenced by
Attorney Lennon is Motts Road, which is located in the subdivision. He commented on this being
a small 12-foot road and stated the road was not capable of handling the volume of traffic that will
be generated by 48 additional units. This is a private road that is maintained by the property owners.
If this road is opened to Carolina Beach Road, all types of traffic will come through the Holly Ridge
Subdivision. He reported there is a large amount of erosion under the road and stated after probing
the pavement, the hole was ten feet deep; however, someone has poured concrete into the hole.
Mr. Batten stated that Mr. Jack Stocks had filled the hole with concrete.
In concluding his remarks, Mr. Barton stated the residents are not opposed to the project, but
they are opposed to using Motts Creek Road as an access route. He requested the Board to require
the applicant to provide access off Carolina Beach Road.
Planning Director Hayes explained that Motts Creek Road was a platted road that does not
qualify to be taken over by the State Highway System for maintenance because there are not enough
houses on the road. Once the proposed project is constructed, the road will qualify for a petition to
be submitted to N. C. Department of Transportation (NCDOT) to add the road to the State Highway
Maintenance System. The County will have to work with the NCDOT to improve the road so it can
be maintained by the State.
Mr. Barton advised that the residents would prefer for the road to remain private because the
road would have to be widened to State standards. The lots are only 100 feet deep, which will place
the existing houses 20 feet from the road. To have this road to become a cut through will destroy
the neighborhood.
.
Mr. Archie McGirt, the applicant, advised that Mr. Jack Stocks was in the process of
installing the sewer which has created the holes in the road. When a storm event occurs, the road
does flood at one end; however, the project will be built on a high bluff, not in the area where the
road floods.
Mr. McGirt stated that he could understand the concern of the residents about cars passing
through the neighborhood. He offered to place an electronic gate at the back entrance of the road,
or use Carolina Beach Road as the only entrance to the project.
Attorney Lennon said these are issues that are not appropriate at this point. Once the project
begins, some of these concerns will be addressed.
Mr. Barton advised that the restrictions on the property read as follows:
“All lots in said subdivision shall be known as single-family residential lots and shall be used
only for residential purposes.”
County Attorney Copley said the action before the Board is a general use rezoning which
means that conditions cannot be placed on the request.
Planning Director Hayes explained that the rights-of-way in the subdivision were offered by
the developer for public dedication when the subdivision was established, but no public agency has
accepted the road. When the proposed site plan is presented, the Planning Board will decide on
appropriate access, road improvements, floodplain issues, and drainage. The issue before the Board
is whether to rezone the property to allow the applicant to construct 3.3 units per acre versus 2.5
units per acre.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 567
Mr. Barton asked that the variance can be issued based on the fact this is not in compliance
with the restrictions of the subdivision.
County Attorney Copley stated this was a legal issue that would have to be resolved among
the parties involved.
Mr. Barton asked if he could be notified when the site plan goes before the Planning Board.
Planning Director Hayes said that he would be glad to notify Mr. Barton.
Chairman Caster closed the Public Hearing.
Motion:
Commissioner Howell MOVED, SECONDED by Commissioner Birzenieks to rezone 14.78
acres located in the 400 block of Motts Creek Road, south of Silver Lake Road from R-15
Residential to R-10 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. 4 OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as a part of the minutes and is
contained in Zoning Book I, Section 4, Page 56.
PUBLIC HEARING TO CONSIDER A REQUEST BY JON VINCENT FOR GULFSTREAM
CENTER PROPERTIES, LLC TO REZONE APPROXIMATELY 18.29 ACRES IN THE
5100 BLOCK OF SOUTH COLLEGE ROAD FROM R-15 RESIDENTIAL TO B-2
HIGHWAY BUSINESS AND O&I OFFICE AND INSTITUTION (Z-683, 9/99)
Chairman Caster opened the Public Hearing.
Planning Director, Dexter Hayes, reported that the petitioner is requesting to rezone 18.29
acres in the 5100 block of South College Road from R-15 Residential to B-2 Highway Business and
O&I Office and Institutional. The existing conditional use permit on the portion of the property
approved by the Board in April 1998 will not be changed.
Director Hayes stated this area is classified as Resource Protection because of the upper
reaches of the tributary that feeds into the sound waters. He advised that a number of residents from
the Greenbriar Subdivision spoke in opposition to the request. Concerns included potential drainage
impacts to adjoining property, location of commercial and professional businesses in close proximity
to the neighborhood, and degradation of property values. In response the petitioner withdrew the
O&I Office and Institution portion along with Parcel 14 of the rezoning request. The Planning Board
approved only the B-2 portion of the petition excluding Parcel 14 by a vote of 6 to 0. This means
that only 6.5 acres were rezoned. There is potential for the remaining portion of the property,
especially on the east side, to be used for residential use. The conditional use will remain in effect
on the northern part of the property.
Commissioner Davis commented on the petitioner scaling back the project from 11.79 acres
to 6.5 acres and he asked if this reduction addressed the concerns of Staff.
Planning Director Hayes responded that the reduction in the acreage did address the concerns
of Staff.
Chairman Caster asked if the petitioner would like to comment.
Mr. Jon Vincent, representing Gulfstream Center Properties, LLC, reported the property to
be rezoned is located on South College Road between the New Hanover County Myrtle Grove
Library Branch and Hardee’s Restaurant. Four tracts of property have been acquired over the last
two years totaling 21 acres. Approximately 3 acres of the property south of the creek was zoned B-2
Business. The remaining 18.5 acres are zoned R-15 Residential. In April 1998, a Conditional Use
Permit was issued for Tract A, which is approximately 2 acres, to construct a branch bank for Central
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 568
Carolina Bank. During the last six months several meetings have been held with a landscape architect
regarding developing this property in a manner that will be sensitive to adjoining residential neighbors
and the natural environment. As noted on the master site plan, Office and Institution zoning was
requested as outlined in orange and the request for B-2 was limited to the center of the property to
provide a transition from residential development to a more intensive commercial use, typically found
in B-2 Business zones. During the Planning Board meeting on September 2, 1999, the Office and
Institution request was withdrawn with the understanding that this request would be resubmitted at
a later date for O&I Conditional Use after listening to the concerns of the Greenbriar residents to the
north and Mr. Horne to the east.
Mr. Vincent requested the Board to consider rezoning approximately 6 acres as denoted in
blue on the map to B-2 Business. This property is 225 feet away from any residential property line
at its nearest point. He presented the following features of the property:
?
The property abuts a 30-foot drainage easement on the northern line adjacent to Greenbriar
Subdivision.
?
The property abuts a 60-foot utility easement on the eastern property line.
?
The property abuts a 30-foot utility easement on the rear portion of the southern line.
Mr. Vincent stated these easements will serve as natural buffers. The property will be used
to develop Junction Creek Park in a manner that allows small to medium size professional offices and
businesses access to an attractive business park environment in the Myrtle Grove area. In an effort
to be sensitive to the concerns of adjoining residents, the O&I request was withdrawn. He offered
to work with the residents in developing an acceptable plan, and he requested the Board to approve
the rezoning request.
Mr. Don Huovinen, a resident of Pine Forest Road, reported that when he first attended a
meeting of the Board of County Commissioners approximately 10 years ago, that Board decided that
the Motts Creek tributary would be the boundary line where commercial development would stop
along South College Road. Since that time, properties have been rezoned for a Medical Clinic, a
Branch Bank, and now Mr. Vincent is requesting B-2 Business zoning in the heart of this property.
If the Board approves this request, the door will be open to further commercial development. He
requested the Board to honor the boundary line that was established by a former Board and deny the
request to rezone the six acres of property from R-15 Residential to B-2 Business.
Ms. Nancy Dasbach, representing the Greenbriar Homeowners Association, reported there
are 65 stores, restaurants and services within walking distance of the Greenbriar Subdivision. She
commented on this being excessive and stated the residents were vehemently opposed to the location
of the Medical Clinic. Additional office space is not needed in this area when there are presently 12
vacant buildings. She requested the Board to adhere to the Motts Creek boundary line and allow the
property to remain residentially zoned.
Mr. Vincent said, for the record, notes were written to the residents, including Ms. Dasbach,
notifying them that the O&I request had been withdrawn.
Commissioner Davis commented on the information received from the petitioner and opposing
residents and he asked Planning Director Hayes if Staff would still recommend approval.
Planning Director Hayes responded that he felt since the rezoning had been reduced in size,
Staff would be in favor of rezoning the 6 acres to B-2 Business. He noted that two O&I Conditional
Use rezonings have been approved by the Board in the last two years; therefore, this gap was open
to future commercial uses. As long as the rear portion of the property remains residentially zoned,
that property can be used for residential use.
Commissioner Birzenieks requested an explanation of how the Motts Creek boundary line was
established.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 569
Planning Director Hayes responded that a former Board decided to stop commercial
development at the Motts Creek boundary on the east side of College Road. This was before
conditional use zoning was in effect. Once this change occurred, two conditional use zonings on both
sides of the Myrtle Grove Branch Library were approved. The most recent rezoning occurred a year
ago.
Mr. Vincent stated his intent was not to develop any property along the residential line
without approval of conditional use zoning.
Chairman Caster closed the Public Hearing.
Motion:
Vice-ChairmanGreer MOVED, SECONDED by Commissioner Howell to rezone the B-2
portion of the petition, which excludes Parcel 14, 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. 4 OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED APRIL 7, 1971 is hereby incorporated as a part of the minutes and is
contained in Zoning Book I, Section 4, Page 56.
PUBLIC HEARING TO CONSIDER A REQUEST FOR A SPECIAL USE PERMIT BY
STEVEN RHODES FOR A PAINTBALL CLUB AT 2211 CHAIR ROAD LOCATED IN THE
CASTLE HAYNE COMMUNITY (S-445, 9/99)
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 step forward to be
sworn in by the Clerk to the Board.
The following persons were sworn in:
Dexter Hayes
Steven Rhodes
Keith Mills
James G. Tyler
Larry Croom
Planning Director Hayes reported at the Planning Board meeting, several individuals spoke
in favor permitting a Paintball Club at 2211 Chair Road in the Castle Hayne community. There was
no opposition present and the Planning Board recommends approval of the Special Use Permit.
Planning Director Hayes presented the following preliminary findings:
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 site is served by an individual well and septic tank.
B.Access to and from the site is proposed on Chair Road, which is N.C. State Road
1332. The proposed access appears to be existing for farming purposes.
C. The site is bisected by the current alignment of the proposed Northern by-pass.
D.The site is located in the Wrightsboro Volunteer Fire Department.
E. The petitioner currently has a paintball field on the property.
F.Although a portable 8'x12' building is proposed on the site, there will be no permanent
buildings or structures constructed in association with the proposed use.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 570
G.The petitioner plans to obtain liability insurance.
2. The Board must find that the use meets all required conditions and specifications of the
Zoning Ordinance based upon the following findings:
A.The subject property is zoned R-20 and the land classification is resource protection.
Commercially operated outdoor recreational uses are permitted by Special Use Permit
in the R-20 zone.
B.The Zoning Ordinance requires that adequate buffers shall be provided to screen
adjoining residential uses from the effects of light and noise generated on the site.
C. The Zoning Ordinance requires that the building setback is 50 feet from the right-of-
way.
D. The Zoning Ordinance allows for one ground sign not to exceed 32 square feet
provided the sign is set back 25 feet from the right-of-way.
E. The Zoning Ordinance requires that access to the site shall be on a U.S. N.C.
numbered road or a collector road as designated on the New Hanover County
Thoroughfare Classification Plan. The state road number for Chair Road is SR 1332.
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 uses:
A.The surrounding land use is residential/farmland. The surrounding zoning is R-20.
B.Commercially operated outdoor recreational uses are permitted by Special Use
Permit. Based on petitioner’s letter the adjacent landowners have had no complaints
about the existing paintball field and its associated activity.
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 of New Hanover County based
upon the following findings:
A. The proposed use appears to be in harmony with the area and is consistent with the
New Hanover County Land Use Plan.
B.The proposed use should not have any positive or negative effect on adjacent property
values.
Chairman Caster asked Mr. Rhodes, the petitioner, if he agreed with the findings presented
by the Planning Director.
Mr. Rhodes concurred with the findings as presented.
Chairman Caster asked if any persons sworn in by the Clerk to the Board would like to testify.
No testimony was received.
Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to grant a
Special Use Permit to Steven Rhodes to open a Paintball Club at 2211 Chair Road, Castle Hayne,
North Carolina. Upon vote, the MOTION CARRIED UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 571
A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is
contained in SUP Book III, Page 2.
PUBLIC HEARING TO CONSIDER A REQUEST BY DACLAR, INC. TO AMEND
SECTION 72-36 OF THE COUNTY ZONING ORDINANCE TO PERMIT
INDOOR/OUTDOOR RECREATION ESTABLISHMENTS IN AN O&I OFFICE AND
INSTITUTION ZONING DISTRICT. (A-300, 9/99)
Chairman Caster opened the Public Hearing.
Planning Director, Dexter Hayes, advised that the applicant is seeking to add “indoor/outdoor
recreational establishments” to the table of permitted uses in the O&I Office and Institution Zoning
District. If permitted, the use will be subject to the same performance criteria as required by a Special
Use Permit for all residential zoning districts except R-20S. Staff made the following
recommendation to be consistent with present standards for Indoor/Outdoor Recreational
Establishments by allowing the use in the O&I District by Special Use Permit only and not by right.
This would allow for each property to be reviewed according to its own special circumstances.
The Planning Board concurred with Staff’s recommendation and approved that
indoor/outdoor recreation establishments be permitted by Special Use Permit only in the O&I District.
Chairman Caster asked if anyone from the public would like to speak.
No comments were received.
Chairman Caster closed the Public Hearing.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Vice-Chairman Greer, to amend the
Zoning Ordinance by adding Indoor/Outdoor Recreational Establishments in the O&I District only
by Special Use Permit. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the text amendment is hereby incorporated as a part of the minutes and is contained
in Exhibit Book XXV, Page 22.
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 11:57 p.m. to hold a meeting of the New
Hanover County Water and Sewer District.
Chairman Caster reconvened to Regular Session at 12:05 a.m.
ADDITIONAL ITEMS
Authorization for the New Hanover Commission for Women to File a Grant Application with
the N. C. Department of Cultural Resources
Deputy County Manager, Andrew J. Atkinson, requested the Board to authorize the
Commission for Women to apply for a grant up to $7,500 from the N. C. Department of Cultural
Resources. The grant funds will be used to complete the women’s history story board project entitled
Women’s Work: a Century’s Worth, 1900-2000. No County match is required.
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell to authorize
the New Hanover Commission for Women to file a grant up to $7,500 from the N. C. Department
of Cultural Resources. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Discussion of Evacuation Routes During Storm Events
Commissioner Birzenieks stressed the importance of meeting with the legislative delegation
and members of the General Assembly about addressing the need to better control traffic on major
highways when persons are evacuating from coastal communities during hurricanes.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 572
Chairman Caster agreed with Commissioner Birzenieks and reported the Director of
Emergency Services was meeting with State officials. He also commented on a letter received from
a local resident who wrote it took 2 ½ hours to drive from Beau Rivage to Castle Hayne, North
Carolina.
Commissioner Birzenieks expressed concern for the County being blamed for this problem,
and stated with the lack of planning for evacuation on Highway I-40, the N. C. Department of
Transportation, Highway Patrol, and members of the General Assembly need to have a dedicated
route that will move traffic from the area.
Discussion of Soccer Fields at the North Cape Fear Community College Campus
Commissioner Davis, the Board’s representative on the Cape Fear Community College Board
of Trustees, advised that no vote had been taken by the Trustees regarding the placement of soccer
fields on a portion of the North Campus; however, it appears that the Trustees are willing to work
with the County. One caveat will be for the Board of County Commissioners and Staff to clearly
understand this will be a temporary location for the soccer fields. When the land is needed for
development, the fields will have to be moved to another location.
Additional Federal Funding Available for Snag and Drag Projects
Vice-Chairman Greer advised that it was his understanding the federal government will be
allocating more funding for snag and drag projects. He suggested that New Hanover County apply
to receive federal funding for this purpose.
Motion:
Vice-Chairman Greer MOVED, SECONDED, by Commissioner Davis to authorize Staff
to apply for federal funding to be used for snag and drag projects. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Discussion of Airlie Gardens Fence
Chairman Caster advised that he walked the fence along Airlie Road and he requested the
Board to decide on how to move the fence. He requested each Commissioner to visit Airlie Gardens
and see the proposed path for the fence so a final decision can be made.
Discussion of Contract with Corrvantis, Inc. for the Child Support Enforcement Program in
New Hanover County
Chairman Caster reported that Corrvantis, Inc. has hired Attorney George Rountree, III to
represent the company in the problems being experienced with the existing contract between
Corrvantis, Inc. and New Hanover County for operating the Child Support Enforcement Program
in New Hanover County. Attorney Rountree has requested the Board to extend the date of October
12, 1999, by 14 days to allow Corrvantis to cure the problem.
County Attorney Copley advised that if an extension is granted, a written document should
be prepared to assure that New Hanover County will not make another payment if the breach of
contract is not cured by October 26, 1999, and that all monies due New Hanover County will be
received on that date.
Commissioner Davis expressed concern for the County being jerked around by the company,
and stated he could not vote for an extension.
Commissioner Birzenieks stressed the importance of Corrvantis, Inc. clearly understanding
that if the 14-day extension is granted, no other considerations will be given to the company.
Motion:
Vice-Chairman Greer MOVED, SECONDED by Commissioner Howell to extend the date
of October 12, 1999, by 14 days to allow Corrvantis, Inc. to devise a plan to cure the contract default
and pay all monies due New Hanover County by October 26, 1999. Upon vote, the MOTION
CARRIED BY A 4 TO 1 VOTE AS FOLLOWS:
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 573
Voting Aye:Commissioner Birzenieks
Commissioner Howell
Vice-Chairman Greer
Chairman Caster
Voting Nay:Commissioner Davis.
Congratulations to Assistant County Manager Pat Melvin for Being Selected as a Friday
Fellows of North Carolina
County Manager O’Neal announced that Assistant County Manager Pat Melvin has been
selected as one of twenty-six Friday Fellows from hundreds of applicants throughout the State of
North Carolina. This is a program that identifies gifted people to become future leaders of the State.
Ms. Melvin will be attending her first session of the two-year program next week.
Chairman Caster, on behalf of the Board, congratulated Ms. Melvin for this outstanding
achievement.
Announcement of the Assembly Room Renovation Being Completed
County Manager O’Neal announced that the renovation of the Assembly Room of the New
Hanover County Courthouse has been completed and will be ready for the next meeting of the Board
on October 18, 1999. He said the technology and sound system in the room are state-of-the-art
equipment, and Staff feels the room will benefit the Board and community in better understanding the
presentations and motions made during meetings.
Authorization to Proceed with Preliminary Work on the Blue Clay Road Site
County Manager O’Neal requested the Board to approve the performance of preliminary
work on the Blue Clay Road site which will be comprised of soil borings and survey work. He
advised that $450,000 had been budget to begin the process, and he recommended appointment of
an oversight committee because of the complexity of the jail project. This committee should be
composed of the following persons: a County Commissioner, Sheriff McQueen, Budget Director
Griffin, Deputy County Manager Atkinson, Project Engineer Thompson, and County Manager
O’Neal.
County Manager O’Neal said due to the lateness of the hour, he would be glad to place this
item on the next agenda.
Motion:
After further discussion, Commissioner Howell MOVED, SECONDED Vice-Chairman
Greer to authorize Staff to proceed with the soil borings and survey on the Blue Clay Road site.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Commissioner Davis asked if some of this land could be used for soccer fields.
County Manager O’Neal responded that enough land was available for soccer fields. Once
the preliminary work has been performed, information will be known about the types of soil. Also,
within the next two weeks, a report will be received from Sharpe Architect with the amended contract
for the Law Enforcement Center, which will shed more light on the space needed for the new jail
facility.
Discussion of Contract with Sturdy Corporation
County Attorney Copley reported that the contract had been completed with Sturdy
Corporation for the purchase of two generators. She advised that Sturdy had agreed to the language
coinciding with the minutes of June 21, 1999, meeting. The contract documents should be signed
within the next week.
Reminder of Work Session on Text Amendment Clarifying the Allocation of Density on Land
Classified Conservation for Performance Subdivisions
Chairman Caster reminded the Board that on Monday, October 18, 1999, a Work Session will
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 27
MINUTES OF REGULAR MEETING MONDAY, OCTOBER 4, 1999 PAGE 574
be held following the regular meeting to discuss a text amendment to clarify density on land classified
as conservation for performance subdivisions.
ADJOURNMENT
Motion:
Commissioner Birzenieks MOVED, SECONDED by Commissioner Howell, to adjourn.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Caster adjourned the meeting at 12:58 a.m.
Respectfully submitted,
Lucie F. Harrell
Clerk to the Board