1994-07-05 Regular Meeting
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MINUTES OF REGULAR MEETING, JULY 5, 1994
PAGE 177
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Tuesday, July 5, 1994, at 6:30 P.M. in the Assembly Room
of the New Hanover County Courthouse, 24 North Third street,
Wilmington, North Carolina.
Members present were: Commissioners Sandra Barone; William A.
Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.;
Chairman Robert G. Greer; County Manager, Allen 0' Neal; County
Attorney Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell.
Chairman Greer called the meeting to order and welcomed
everyone present. He announced after adoption of the Consent
Agenda, the meeting will be convened to a Regular Meeting of the
Water & Sewer District to hear recommendations for completion of
the County-wide Sewer System as prepared by the New Hanover County
Sewer Task Force.
AND PLEDGE OF ALLEGIANCE TO THE FLAG
County Manager, Andrew J. Atkirison,
INVOCATION
Deputy
invocation.
gave
the
commissioner Caster led the audience in the Pledge of
Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Greer inquired as to whether anyone from the general
public would like to present an item not listed on the Regular
Agenda or comment on an item listed on the Consent Agenda.
No items or comments were received.
APPROVAL OF CONSENT AGENDA
Chairman Greer requested the Clerk to the Board to change the
time on the June 6, 1994, minutes from 12:25 P.M. to 12:25 A.M.
Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve the remaining items on the Consent Agenda with
the correction to the Minutes of June 6, 1994, as presented. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
commissioner Barone commented on Consent Agenda Item #7 and
requested staff to discuss this item even though the award of the
bid was included with approval of the Consent Agenda.
Mr. John Hubbard, Plant Engineer of the WASTEC Facility,
reported some questions have been asked about the possibility of
contracting with local companies for the Water Treatment Program at
WASTEC, and why the lowest bidder was not selected. Unfortunately,
there are no local companies capable of providing this type of
water treatment .service; therefore, consideration had to be given
to contracting with a firm that has the availability of local
representatives. NALCO Chemical Company has three local
representatives which will allow this firm to provide a quick
response. NALCO Chemical was selected over the lowest bidder
because of the monitoring equipment provided for the cooling tower
over the three-year contract, which was actually less expensive
over a period of time. The lowest bidder was Grace-Dearborn;
however, the County has contracted with this firm for the past
three years and problems have been experienced. Staff did not wish
to renew the contract. The next lowest bidders were Betz
Industrial and NALCO Chemical. After discussion with
representatives from these companies in the presence of a
representative from the Finance Department and County Attorney's
office, it was felt that NALCO Chemical was more qualified to
fulfill the needs at WASTEC at an optimum price.
commissioner Barone inquired as to the equipment needs for the
second two years of the contract with NALCO?
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MINUTES OF REGULAR MEETING, JULY 5, 1994
PAGE 178
Mr. Hubbard reported the equipment provided by NALCo will
cover all three boilers and the cooling tower. This firm was
willing to keep the existing water treatment process for the three
boilers with new monitoring equipment for the cooling tower where
problems have been experienced. Resolving the cooling tower
problems will save money over a three-year period.
commissioner Barone expressed appreciation to Mr. Hubbard for
the explanation.
CONSENT AGENDA
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Approval of Minutes
The Commissioners approved the minutes of the Regular Meeting
of June 6, 1994, with a correction to the time of adjournment from
12:35 P.M. to 12:35 A.M.
Adoption of Resolution Authorizing the Submittal of the 1994-95
Land Records Management Grant Application
The Commissioners adopted, a resolution authorizing the
submittal of the 1994-95 Land Records Management Grant application
for matching funds to assist in the automation of the County's Land
Records System. Funding for the County's match has already been
budgeted.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 14.
Authorization for the Chairman to write a Letter of Support for
Dedicating and Naming the proposed Connection Between 1-40 and
Eastwood Road after Francis P. Fensel
The commissioners authorized the Chairman to write a letter to
the N. C. Department of Transportation in support of an effort to
dedicate and name the proposed connection between 1-40 and Eastwood
Road after Francis P. Fensel, who was the primary solicitor of
Interstate 40 coming to Wilmington.
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Adoption of Resolution Requesting the Addition of Roads in Parmele
Woods Subdivision to the State Highway System
The Commissioners adopted a resolution requesting the addition
of roads in Parmele Woods Subdivision to the State Highway System.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 14.
Adoption of Resolution Rejecting All Bids Received for the Two-way
Radio Communications Tower (Bid #94-0139)
The Commissioners adopted a ,resolution rejecting all bids
received for the two-way radio communications tower and authorized
staff to re-bid the project because both bids exceeded the amount
budgeted. After a thorough review, staff did not feel negotiation
would be possible with the one bidder because of the major changes
that would be required to reduce the bid.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 14.
Approval of Budget Amendment #94-047 - Parks , Recreation
The Commissioners approved the following Budget Amendment:
I
94-047 - Parks , Recreation Facility Fund/parks Facility Senior
Center
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Debit
Credit
Parks Facilitv Fund/Parks
Interest
$73,000
Senior Center
Interest
. .
1,000
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M~NUTES OF REGULAR MEETING, JULY 5, 1994
PAGE 179
(Budget Amendment continued)
Debit
Credit
Parks Facilitv Fund/Parks
Other Improvements
$73,000
senior Center
Other Improvements
1,000
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Purpose: To budget interest earned on the following projects: (1)
$73,000 in the Parks organization to be used for the Castle Hayne
Park; and $1;000 in the Senior Center organization to be used to
construct a fence around the retaining pond.
Adoption of Resolution Awarding Bid #94-0380 (Contract #94-0380) to
NALCO Chemical company for a Water Treatment Program for the WASTEC
Facility
The Commissioners adopted a resolution awarding the bid to
NALCO Chemical Company, the lowest responsible bidder, at a unit
price per pound for the Water Treatment Program at WASTEC. The bid
is awarded at a unit price per pound for the chemicals quoted and
the equipment specified at an estimated amount of $29,950.20. The
Chairman was authorized to execute the contract documents.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 14.
A copy of the contract is on file in the Legal Department.
Approval
Schedule
The
Building
of Minor Changes in the FY 1994-95 Building Permit Fee
commissioners approv~d the following changes in the
Permit Fee Schedule:
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1. For type IV storage buildings with metal siding and 500
square feet or less of office area, change the per square foot
cost factor from $20 to $10.
2. For single family homes in excess of 2,800 square feet,
change the per square foot cost factor from $44 to $55 for
that portion of the house in excess of 2,800 square feet.
3. Eliminate the pool category for single family homes and
charge pools the same as detached accessory structures.
Authorization for New Hanover Transportation Services to Apply for
Transportation Assistance Funds
The Commissioners authorized New Hanover Transportation
Services to apply for funds in the amount of $34,376 for elderly,
disabled, and Medicaid eligible pregnant women and dependent
children transportation services. These funds will be utilized to
provide transportation to populations indicated, to medical
appointments, nutrition sites, multi-purpose trips, education
sites, and employment.
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Authorization to Accept Administrative Assistance Funds for the New
Hanover Transportation Services for Expansion of the General Public
Ridership
The Commissioners accepted administrative assistance funds in
the amount of $9,143 for FY 1994-95 from the N. C. Department of
Transportation. These funds will be used to offset administrative
costs and expand the general public ridership.
MEETING CONVENED FROM REGULAR SESSION TO HOLD A REGULAR MEETING OF
THE NEW HANOVER COUNTY WATER , SEWER DISTRICT
Chairman Greer convened from Regular Session at 6:50 P.M. to
hold a Regular Meeting of the Water & Sewer District.
Chairman Greer reconvened to Regular Session at 7:2,1 P.M.
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MINUTES OF REGULAR MEETING, JULY 5, 1994
PAGE 180
BREAK
Chairman Greer called a break from 7:22 P.M. until 8:45 P.M.
PUBLIC HEARINGS
Public Notice had been given that Public Hearings would be
held on Tuesday, July 5, 1994, at 7:30 P.M. in the Assembly Room of
the New Hanover County Administration Building, 24 North Third
street, Wilmington, North Carolina.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO
CONSTRUCT A COMMUNITY BOATING FACILITY AT THE EASTERN END OF SOUND
VIEW DRIVE (S-363, 6/94)
Chairman Greer opened the Public Hearing and reported the
special use process requires a quasi-judicial hearing; therefore,
persons wishing to testify must be sworn in by the Clerk to the
Board.
The following persons were sworn in:
Dexter Hayes, Planning Director
Frederick Finlay
Kathryn Biddle
Planning Director, Dexter Hayes, repprted there was very
little discussion by the Planning Board concerning the request by
the Sound View Homeowners Association to construct a community
boating facility. The Planning Board felt the use as proposed
would not create any hardships on adjoining property owners, nor
cause any irreparable harm to the adjoining estuarine .waters.
There was no public opposition.
The following Staff findings were presented:
1. 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 based upon the following findings:
a. No water and sewer services are necessary for the use and
operation of this use.
b. Access to the site is directly from Sound View Drive.
c. The property is located within the Myrtle Grove Volunteer
Fire Department District.
d. Activities will be limited to water related uses. No
commercial or industrial activities will be conducted on the
site.
2. The proposed
specifications of the
findings:
use meets all required conditions an~
zoning Ordinance based upon the following
.
a. The site is zoned R-15, which permits community boating
facilities by Special Use Permit conferment.
b. The adjoining waters are. classified SA-ORW, however,
shellfishing is currently prohibited.
c. No boat slips are proposed. The proposal merely consists
of a pier and small floating dock without designated boat
slips. The pier is to be four feet wide and 80 feet long with
an eight foot by twenty-four foot floating dock attached to
the pier's end.
d. All members of the Sound View Homeowners Association have
equal access to the proposed facility.
(e.' No commercial activities are proposed.
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M~NUTES OF REGULAR MEETING, JULY 5, 1994
PAGE 181
f. Off-street parking will be provided at each individual
residence and two areas along the roadside at the end of Sound
View Drive.
3. The proposed use will not substantially injure
adjoining or abutting property or that the use
necessity based upon the following findings:
a. The proposed facility is a common use along waterfront
properties and many similar facilities are located nearby.
the value of
is a public
b. Historically, such uses have added value to those
properties that are linked with or have access to the water.
4. The proposed use if developed according to the plan as
submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the plan of
development for New Hanover County based upon the following
findings:
a. Similar facilities are located on neighboring properties.
b. CAMA permits will be required so as not to conflict with
the riparian rights of adjacent owners.
c. Water related uses are encouraged within the conservation
and flood prone areas of the County.
Chairman Greer asked the petitioner, Mr. Frederick Finlay if
he concurred with the findings of fact as presented by the Planning
Director?
Mr. Finlay concurred with the findings of fact as presented.
Mr. Finlay reported for four years Sound View has been trying
to construct a pier to be used by the residents of the community.
The four general requirements have been met. The use will not be
used for picnicking, fishing or dockage, and there will be no sale
of gasoline or alcoholic beverages. The pier will be a day time
operation, and the parking area will not be paved to create an
accumulation of oil or dirt that could harm the water quality. All
CAMA requirements have been met, and the proposed use is allowed in
the R-15 zone. The pier will serve 17 existing homes, and there
will be no changes in the current uses. The members of the
Homeowners Association have contributed to the construction of the
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pier and feel this addition will enhance the quality of life in the
community. Based on the Land Use Plan, the proposed use is in
agreement with the plan of development for New Hanover County and
the Commissioners were urged to approve the Special Use Permit for
construction of the pier.
commissioner Sisson commented on the existing ramp being owned
by the property owners and inquired as to whether this property
could ever be turned over to another organization?
Mr. Finlay reported the tract
and will always be titled in
Association.
is owned by the property owners
the name of the Homeowners
Ms. Kathryn Biddle, a land owner at Sound View since 1956,
presented a picture of her fishing on the surf and stated when the
fall comes she will be fishing on this pier with her grandchildren.
The commissioners were urged to approve the Special Use Permit.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone
to grant the Special Use Permit based upon the evidence presented
that the proposed' use will not materially endanger the pUblic
health or safety if located where proposed and developed according
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MINUTES OF REGULAR MEETING,- JULY 5" 1994 ,
PAGE 182.
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; and the proposed use will be in harmony with
the area in which it is to be located and in general conformity
with the plan of development for New Hanover County. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book II, Page 8.
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PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT TO LOCATE TWO
M9BILE HOMES ON THE EAST SIDE OF OAKLEY ROAD 170 FEET SOUTH OF
OAKLEY ROAD (S-364, 7/97)
Chairman Greer opened the Public Hearing and reported the
special use process is a quasi-judicial hearing; therefore, persons
wishing to testify must be sworn in by the Clerk to the Board.
The following persons were sworn in:
Linda Worrell
Cynthia Avery
Keith Darwin
Doug Avery
Sandra Moore
Planning Director, Dexter Hayes, reported the request was
submitted by Linda Worrell for the placement of two mobile homes on
the east side of Oakley Road 170 feet south of Oakley Road. The
property is zoned R-20 and the Planning Board recommends approval
of the request.
The following preliminary findings were presented:
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1. 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 based upon the following findings:
a. The site has direct access to the Oakley Loop Road.
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b. The site is located in the Wrightsboro Volunteer Fire
Department District.
c. The mobile homes will
septic tanks. No site
determine suitability.
be served by individual wells and
analysis has been conducted to
2. The proposed use meets all the required conditions and
specifications of the Zoning Ordinance based upon the following
findings:
a. Mobile homes are permitted by Special
conferment in the R-20 Residential District.
zoned R-20.
Use Permit
The site is
b. .The lots comply with the minimum lot size of the R-20
District and the minimum yard setbacks can be met.
c. Adequate area is available to meet off-street parking
requirements.
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3'. The proposed use will not' substantially injure the value of
adj'oining or abutting property or that the use is a public
necessity based upon the following findings:
a. A mixture of housing. styles persists in the area,
including mobile homes.
4.: The proposed use if developed according to' the ptan as
submitted and approved will be in harmony with the area in which it
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M'INUTES OF REGULAR MEETING, JULY 5, 1994
PAGE 183
is to be located and in general conformity with the plan of
development for New Hanover County based upon the following
findings:
a. Mobile homes are located throughout the general area.
b. Over the years, several Special Use Permits have been
approved for the location of mobile homes in the area.
Chairman Greer asked Ms. Linda Worrell if she would like to
comment and if she concurred with the findings of fact as presented
by the Planning Director?
Ms. Linda Worrell concurred with the findings and reported
there is sufficient land for the location of two mobile homes on
the proposed sites. Concern was expressed for difficulty in
finding suitable property for the placement of mobile homes and Ms.
Worrell explained that the homes will be attractively placed on the
lots with matching underskirts, decks and porches. Both homes will
be used by middle aged women who need land for placement of their
mobile homes. The Commissioners were urged to approve the Special
Use Permit.
Chairman Greer inquired as to whether anyone present would
like to comment.
Mr. Keith Darwin, a resident living on Oakley Road, "expressed
opposition to locating the mobile homes on the proposed site since
he lives across the street and owns a permanent dwelling which has
been well maintained. He expressed concern for his property being
devalued and the property of other persons in the neighborhood
being devalued if the mobile homes are placed on the proposed
sites.
Ms. cynthia Avery, a resident of 2713 Oakley Road, reported on
not being able to do anything about the mobile homes already
located in the area but stated the property in question is an open
field and the manufactured homes can be seen from her property.
She explained that her house is architecturally significant and is
included in the Book of Architect for New Hanover county;
therefore, the Commissioners should consider the homes already
located in the immediate vicinity. She does not wish to see mobile
homes placed in an open field, and the residents feel Oakley Road
should not become a dumping ground for mobile homes. She requested
the commissioners to deny the request and avoid the devaluation of
historic homes that are of architectural significance to the
community.
Ms. Sandra Moore commented on the manner in which the last
mobile home located in this area is being kept and requested the
Commissioners to deny the request in order to avoid devaluation of
her property as well as other surrounding properties.
Ms. Worrell reported there are six to eight old pecan trees on
the lots, and' the mobile homes are in excellent condition and will
blend with established homes in the community. Red tips and eight
foot fences will be placed around the mobile homes.
Planning Director Hayes presented slides of the site.
Mr. Darwin commented on the inability of a house to be sold on
a. lot next to a mobile home and, again, reiterated the devaluation
of property when a mobile home is in sight.
Chairman Greer closed the Public Hearing.
Commissioner Sisson recommended requiring fencing and
buffering as conditions of the Special Use Permit in order to
protect the view and privacy of surrounding properties. He asked
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MINUTES OF REGULAR MEETING, JULY 5, 1994
PAGE 184
Ms. Worrell if the lots will be sold to the individuals who own the
mobile homes?
Ms. Worrell reported the property will be sold to the
individuals.
Chairman Greer asked if the Special Use Permit is granted,
what will happen to the land if the property is sold?
Planning Director Hayes reported the permit and its conditions
run with the land and will continue regardless of ownership.
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commissioner Sisson expressed concern for persons being priced
out of the market for homes and stated with the proper landscaping
and buffering, the mobile homes would be acceptable to the
neighborhood.
Chairman Greer expressed concern for placing mobile homes in
a community when the residents are opposed to the use.
Commissioner Barone asked Commissioner Sisson what type of
conditions would he place on the Special Use Permit?
commissioner Sisson reported landscaping could be required at
a certain height to screen the mobile homes from view from the
road, and a fence could be erected to protect the view of the
mobile homes from surrounding properties.
Planning Director Hayes reported since the applicant is
requesting two special Use Permits for placement of two mobile
homes on the site, the Commissioners can approve only one Special
Use Permit or consider requiring the mobile home located at the
front of the property to be screened to conceal the view of the
home from the road and require some buffering along the back of the
lot.
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Mr. Doug Avery, the husband of Cynthia Avery, expressed
concern for the manner in which some of the mobile homes are being
kept on Oakley Road and stated these homes can only devalue
property in the community.
Ms. Worrell expressed surprise for the community feeling this
way about mobile homes and reported the persons are in need of.a
lot.
Chairman Greer reported the Commissioners must be sure that
all requirements have been met and an item of concern is whether
the use will reduce the value of surrounding property.
Motion: After further discussion, Vice-Chairman Mathews MOVED,
SECONDED by Commissioner Caster to deny the Special Use Permit
based on the evidence presented not meeting General Requirement #3,
which states the proposed use will not injure the value of
adjoining or abutting property. Upon vote, the MOTION CARRIED AS
FOLLOWS:
Aye: Commissioner Caster
commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
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Nay: Commissioner Barone
A copy of the order denying the Special Use Permit is hereby
incorporated. as a part of the minutes and is contained in SUP Book
II, Page 8.
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PAGE 185
PUBLIC HEARING TO CONSIDER A RECOMMENDATION BY THE PLANNING BOARD
TO APPROVE A REQUEST BY LANDFALL ASSOCIATES TO REDESIGNATE 37.9
ACRES IN THE SOUTHEAST CORNER OF THE PROJECT TO OFFICE AND
INSTITUTION (1.9 ACRES), A 120 ROOM INN WITH SEPARATE RESIDENCE (3
ACRES) AND MIXED RESIDENTIAL (26 ACRES) FROM HOTEL (430 ROOMS) AND
GOLF VILLAS (600 UNITS) (A-198, 10/84; REVISED 6/94)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted 4 to 1 to recommend approval of the revisions to the Master
Plan as submitted by the applicant. Several issues of concern were
discussed by the Planning Board, such as the need for a secondary
entrance/exit for the mixed residential to Eastwood Road and the
provision of a construction entrance. Neither was required.
At the Planning Board meeting, numerous landowners from
Landfall appeared to ask questions. Their concerns dealt primarily
with buffering existing residential uses from the planned office
uses; controlling traffic flow and volume along Odyssey Drive; and
limiting construction traffic. The Planning Board advised these
residents that issues of this nature were internal matters and
should be negotiated between the homeowners and Landfall
Associates. The Planning Board suggested that the residents
schedule a meeting with Landfall Associates to resolve these issues
of concern. The Planning Board, also, noted that the Zoning
Ordinance does not require specific buffering between competing
land uses within the project's boundary.
The Planning Staff felt that the proposed revisions represent
a significant reduction in the intensity of land uses previously
planned for this area of the project. In many respects, this
reduction would be beneficial to the County. For example, less
development on the site could potentially reduce environmental
impacts; more trees could be saved; stormwater run-off could be
reduced because of a reduction in impervious surfaces, which in
turn would encourage higher levels of water quality for receiving
streams located nearby; and fewer demands on the traffic
circulation system would be made and in turn less air and' noise
pollution generated.
Another advantage of the change, not only for the project
itself but also for nearby residential uses in' Summer Haven
Subdivision, is that the scale and intensity of development now
planned would be generally more compatible. Fewer buildings and
less land disturbing activities promote greater land use harmony
and preserves the natural features associated with the tract. The
previous land uses planned for the site would have resulted in
extensive modifications to the landscape. -
Because of the limited access, Staff believes that at least an
"exit only" should be provided through the office site for the 100
units proposed for the interior of the property.
It is understood that the final site plan will provide some
off-street parking to accommodate the Summer Rest Trail that will
have to be relocated away from the entrance road.
commissioner Barone inquired as to whether there is an
entrance and exit on Eastwood Road?
Planning Director Hayes reported there is a curb cut on
Eastwood Road; however, this entrance will only provide access to
the 0&1 site. There will not be a connection between the 0&1 area
and the residential units in the back of the development. The only
possible entrance to the 100 residential units will be Odyssey
Drive.
Chairman Greer requested an explanation of why an extra
entrance should be required?
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MINUTES OF REGULAR MEETING, JULY 5, 1994
PAGE 186
Planning Director Hayes reported Staff felt without another
access to the 100 units, the traffic flow on Odyssey Drive would
greatly increase and become a problem in the future.
Chairman Greer asked if an extra entrance on Eastwood Road
would be a problem?
Planning Director Hayes reported Staff's recommendation was to
provide an exit for the 100 units through the 0&1 District to
Eastwood Road. Once Landfall is completely developed with 852
residential units, stacking problems could be encountered because
of the distance between Eastwood Road and the gate house with a
heavy volume of traffic.
commissioner sisson asked if land can be set aside for more
merge lanes in order to better accommodate the traffic?
Planning Director Hayes reported at the request of
Commissioner Sisson, Staff contacted the local N. C. Department of
Transportation about the modification of the Landfall Master Plan
and they felt the change in uses would eliminate some of the
problems at the intersection, particularly with elimination of the
proposed hotel and more residential uses. Basically, the
Department of Transportation feels the intersection will
accommodate the traffic flow without additional merge lanes.
Mr. Joe Taylor, the attorney representing Landfall Associates,
requested the Commissioners to approve the revision to the Landfall
Plat as.recommended by the Planning Board. The revised plan will
down zone the use and density of a very valuable piece of property
which could have been developed as a 600 unit golf ,rental
development with a 430 room hotel. Instead, the plan being
submi tted is a request for 9 acres of 0&1, a 120 room bed and
breakfast inn, with the remaining acreage to be used as residential
with no more than 100 units. This is a drastic change in the plan
and will be more.compatible with the neighborhood, save more trees,
and reduce the stormwater run-off. The major benefit of downzoning
this land will be a reduction in traffic. The firm of Kimberly &
Horn was hired to study the commercial use of the property as now
permitted in the Landfall Master Plan versus the proposed
downzoning of the land as being submitted. Approval of the revised
plan as being requested will result in a net decrease of over.
1,238,000 vehicle trips per year, representing approximately 3,400
trips per day. The traff.ic will be greatly decreased. without
belaboring the point, this plan is consistent with the County's
polices for development and the proposed use for this lard is.a
more appropriate matter of zoning.
If Landfall is required to provide another exit, the revised
plan and changes will have to be withdrawn. The reason for this is
that the revised plan will reduce traffic in the entire area. The
Eastwood Road Gate as designed through Odyssey will handle more
traffic than is being proposed with the revised plan. The exit
"only". access will basically destroy the integrity of the 0&1
District and will not allow for development in this district.
There will be only 100 residential units with traffic running
through Odyssey out to Eastwood Road. After numerous meetings in
the neighborhood, the residents and homeowner associations are
opposed to an additional exit. Statements from the residents and
homeowner associations were presented to the commissioners.
Also, after holding several meetings with the residents, the
neighborhood has requested that the location for the future 0&1
site b~ swapped with the end site. Both sites are three acres in
size. Landfall Associates has no objection with the swapping of
the site, and it appears the Planning Board does not have a problem
with the proposed change. .
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In'summary, Attorney Taylor reported the residents' do not
the additional exit "only" is needed because' of the
feel
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MINUTES OF REGULAR MEETING, JULY 5, 1994
PAGE 187
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substantial reductions made in the project. Presently, there are
three monitored entrances and exits out and through Landfall with
a great deal of effort being made to spread the traffic. This exit
"only" will feed into the Plaza East Intersection and create
substantial problems in this area. These problems should be
resolved by reducing the commercial uses of the property;
therefore, the Commissioners are respectfully requested to approve
the revised plan as presented including the swapping of the 0&1
site.
Chairman Greer inquired as to whether the Planning Director
has a problem with the proposed swapping of the 0&1 site?
Planning Director Hayes reported Staff does not have a problem
with the proposed switching of the 0&1 site. The change would
result in a residence backing up to Odyssey Drive.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following remarks were received:
Mr. Ted Mullins, President of Villas II, one of the homeowners
associations, endorsed the proposed plan feeling the downzoning
would be much more desirable. The Association is opposed to an
additional exit, which would be detrimental rather than helpful.
Mr. Al Weaver, a property owner border ing the 40 acres,
expressed support of the revised plan because of the reduction in
units, but expressed opposition to an additional exit. The
Commissioners were requested to approve the revised plan including
the proposed swapping of the 0&1 site.
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Chairman Greer closed the Public Hearing.
commissioner sisson expressed concern for no buffer
requirements on the site plan and asked if there is another plan
that actually shows the buffering?
Mr. Keith Cooper reported the property abutting Lots 1, 2 & 3
in the upper left hand corner is a 50 foot understood buffer with
a fence setback 25 feet off of the property line for existing
residential units. The persons purchasing the office site have
discussed the buffer requirements with the property owners. Also,
further down, there will be a 30 foot fence sited within the 30
foot set back off of Odyssey Drive as well as a 30 foot buffer
fence along the eastern line against residential Tract A which will
tie into the bike path. Along Eastwood Road, there will be a 50
foot undisturbed buffer. The developers of the office tract are
trying to preserve as many trees as possible and design parking
that will enhance the area.
commissioner sisson reported some type of merge lane should be
required for persons coming from the 0&1 District instead of just
a regular curb cut on Eastwood Road.
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Chairman Greer asked if requiring a turn lane from the 0&1
District would be a problem with Landfall?
Attorney Taylor reported Landfall is aware of this need;
however, if the turn lane is required the 50 foot buffer on
Eastwood Road'cannot be maintained.
Vice-Chairman Mathews requested an explanation as to why the
merging lane and 50 foot buffer cannot be placed between the
property line' and Eastwood Road?
Planning.. Director Hayes reported installation of a turn lane
will require redesigning the entrance as well as moving th~
sidewalk and wall back, which would be quite costly.
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MINUTES OF REGULAR MEETING, JULY 5, 1994
PAGE 188
commissioner sisson recommended requiring a turn lane further
south which would allow use of the space between the exit and
existing curb cut?
Planning Director Hayes reported the intersection was designed
to line up with the Plaza East Intersection.
Chairman Greer reported under the proposed plan, the traffic
will be reduced and the N. C. Department of Transportation feels
this intersection will handle the traffic with the proposed
reduction in residential units.
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Chairman Greer requested a motion.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to approve the request to redesignate 40 acres in the southeast
corner of the Landfall Development to Office and Institution (8.9)
acres), a 120 room inn with separate residence (3 acres) and mixed
residential (26 acres) from hotel (430 rooms) and golf villas (600
units) and approve swapping the 0&1 site as proposed by Attorney
Taylor and include the buffer requirements as stated by Mr. Keith
Cooper. The floor was opened for discussion:
Planning Director Hayes reported the plan will have to be
revised to include the buffering requirements and asked the Board
to approve the following buffering: (1) a 50 foot buffer to the
North; (2) a 30 foot buffer along the inter-residents; (3) a 30
foot buffer on the north side of the inter-residents; (4) a 30 foot
buffer ~m the southern end; and .(5) inclusion of parking for the
bike path when the entrance is redesigned.
commissioner Barone requested the project developer to step
forward to explain the parking for the bike path before including
this requirement as part of the motion.
o
Mr. Bob Abrensky, a project developer of the industrial site,
reported discussion has been held on making arrangements for the
bike path; however, at this point nothing has been finalized
because he does not want to make a commitment until the site is
laid out with final adjustments. He reported some parking spaces
will be provi~ed.
Planning Director Hayes reported at least two to three spaces
must be provided to the bike path. Currently, there are three
parking spaces that are being provided in the road right-of-way.
commissioner sisson requested Mr. Abrensky to commit to
providing at least three parking spaces.
Mr. Abrensky reported he would agree to this provision.
Motion Amended: Commissioner Barone amended the motion to 'fnclude
the buffering requirements as outlined by the Planning Director and
the provision of three parking spaces to the Summer Rest Bike Path
when the new entrance is constructed by the developer. Upon vote,
the MOTION CARRIED UNANIMOUSLY.
>< A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 14.
o
ADDITIONAL ITEMS - COUNTY MANAGER
Work Session Scheduled on July 18, 1994, for Discussion of
Recommendations Presented by the Sewer Task Force
County Manager O'Neal requested the Commissioners to select a
date to hold a Work Session for discussion of the recommendations
presented by the Sewer Task Force.
Consensus: After discussion, it was the consensus of the Board to
schedule a Work Session for discussion of the recommendations by
"
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4.r1.
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MINUTES OF REGULAR MEETING, ,JULY 5, "'1994
PAGE 189
the Sewer Task Force on July 18, 1994, at
the County Administration Building,
Wilmington, North Carolina.
1:00 P.M. in Room 501 of
320 Chestnut Street,
Chairman Greer reported the members of the
Council have inquired as to why the southern part
not been included in the Water & Sewer District.
Work Session this should be discussed.
Kure Beach Town
of the County has
Possibly, at the
County Manager O'Neal reported a history of the reasons for
not extending the Sewer System beyond Snow's Cut can be included as
part of the Work Session.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Status Report on Hiring a Director for the Southeastern Center
Commissioner Sisson reported the number of applicants that
have applied to fill the vacant Director position for the
Southeastern Center will be narrowed to three on Thursday night.
Hopefully, interviews can be scheduled with the hiring of the
Director by mid-August. Also, the consultants have made a
preliminary report to the Executive Committee of the Southeastern
Board of Directors and have found some areas of deficiency, which
need to be addressed; however, these are more administrative
problems than staff problems. Once'a full report is forwarded,
information on the services received through the various agencies
will be provided to see if the contracting agencies are providing
the services as indicated. Hopefully, the Southeastern Center can
begin to move in the right direction.
Discussion of Fire Hydrants ,in Subdivisions
Commissioner Sisson reported the Fire Commission is concerned
about the location of fire hydrants in subdivisions and stated this
problem must be addressed. Fire hydrants are not being placed in
developments occurring in areas where the land is wet. The
contractors are building raised slabs above the level of the roaa
with installation of the water mains being placed too deep for the
standard fire hydrant tap to reach the water main. Also, there are
situations where subdivisions have been approved with water systems
that are inadequate to handle fire hydrants. Currently, the
subdivision review process does not address these issues and
something must be done to allow the fire service to move forward.
Assistant County Manager, Dave Weaver, reported the Planning
Board is reviewing subdivision text amendments and these amendments
will be presented to the Board of County Commissioners within the
next two months.
Staff Meeting to be held on August 4, 1994
Consensus: It was the consensus of the Board to hold the Staff
Meeting on August 4, 1994, not on August 5 as previously discussed.
ADJOURNMENT
Chairman Greer adjourned the meeting at 9:30 P.M.
Respectfully submitted,
Cf::~~
Clerk to the Board
.
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