1994-11-07 Regular Meeting
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"M:I,NUTES OF REGULAR UEETING, NOVEMBER 7, 1994
'346
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, November 7, 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 O'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.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
County Manager Allen O'Neal gave the invocation.
Members from Boy Scout Pack 215, Den 2 of st. Mark's Catholic
Church, and Pack 226, Den 3 of Wesley Memorial united Methodist
Church, led the audience in the Pledge of Allegiance to the Flag.
Chairman Greer, on behalf of the Board, recognized the Webelos
Scouts and expressed appreciation to them for presenting the flag
ceremony.
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
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to approve the Consent Agenda as presented. The floor was
opened for discussion.
commissioner Barone requested removal of Consent Agenda Item
#9 to allow the County Manager an opportunity to present another
alternative .for the relocation of County offices.
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Commissioner Sisson commented on the need to proceed with the
reorganization of office space and inquired as to when this item
will be placed on the agenda?
County Manager O'Neal reported this item will be presented at
the next meeting.
Amended Motion: Vice-Chairman Mathews AMENDED HIS MOTION to remove
Item #9 from the Consent Agenda and approve the remaining Consent
Agenda items as presented. Commissioner Caster SECONDED THE
AMENDED MOTION. Upon vote, the MOTION CARRIED UNANIMOUSLY.
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CONSENT AGENDA
Approval
The
meetings
of Minutes
Commissioners approved the minutes of
as presented by the Clerk to the Board:
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following,
the
,
Regular Meeting
Regular Meetif\g
Work Session ~ Animal Control Ordinance
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October 3, 1994
October 17, 1994
October 17, 1994
Adoption of Proclamation to Declare November 7-12, 1994, as YOUTH
APPRECIATION WEEK in New Hanover County
, . The commissioners adopted a proclamation to declare November
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7-12, 1994, as YOUTH APPRECIATION WEEK ln New Hanover County.
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M~NUTES OF REGULAR MEETING, NOVEMBER- 7, 1994,
n;"".34-7",,
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 22.
Adoption of Proclamation to Declare November as NATIONAL DIABETES
MONTH in New Hanover County
The Commissioners adopted a proclamation to declare November
as NATIONAL DIABETES MONTH in N~w Hanover County.
A copy of the proclamation is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 22.
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Approval of Medication Fee Increases - New Hanover County Health
Department
The Commissioners approved the following fee increases for
medication available through the Health Department Pharmacy to
County employees:
Prenatal vitamins
Sultrin Vaginal Cream
$ 5.00
$10.00
$ 6.00
$15.00
Adoption of a Resolution to Award Bid #95-0134 to IBM for the
Purchase of an Upgrade of the IBM AS/400 computer System
Department of Social Services
The Commissioners adopted a resolution awarding the bid to IBM
(the only responsible bidder) in the amount of $112,944 for
purchase of an upgrade of the IBM AS/400 Computer System for the
Department of Social Services, and the Board approved the sale of
surplus computer equipment as a trade-in on the purchase. The
purchase is for the second phase of an automation project and funds
have been appropriated in the current budget. The Chairman was
authorized to execute an amendment to the existing contract with
IBM (Contract #91-0039).
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 22.
A copy of the amended contract is on file in the Legal
Department.
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Authorization for the New Hanover County Library to File a Grant
Application to the N. C. Department of Cultural Resources for
Publishing a Book on the wilmington African American Community
The Commissioners authorized the Library to apply for a grant
application in the amount of $17,500 from the N. C. Department of
Cultural Resources to publish a book on the Wilmington African
American Community from 1865-1948. The Library currently owns the
700 page manuscript, which will be edited before publication.
Copies of the book will be placed in libraries throughout the State
and made available to local residents with any profits returned to
the Library. No County match is required.
Approval of Budget Amendment #95-0067 To Budget Additional Funds
for the Board of Education to Purchase Land for a New Northern
Elementary School
The Commissioners approved the following Budget Amendment:
Budget Amendment #95-0067 - commissioners/Non-Departmental/public
Schools
Debit
Credit
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commissioners
Appropriated Fund Balance
$205,000
Non-Departmental
Transfers to Public Schools
$205,000
Public Schools
Transfer in from General Fund
$205,000
Schools Capital Project
$205,000
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MINUTES OF REGULAR MEETING, NOVEMBER 7, 1994
34'8
Purpose: To increase the budget for additional land cost for the
new Northern Elementary School.
Approval of Lighting project for the Historic New Hanover County
Courthouse
The Commissioners approved a lighting plan for the Historic
New Hanover County Courthouse. The plan will require eleven
lighting fixtures at a cost of approximately $4,000, and the lights
will be installed by the Property Management Department. Funds have
been appropriated in the current Property Management Budget.
The lighting plan was prepared by Mr. Jim Godwin with Concept
Lighting and Sales at no cost to the County.
Authorization to Reclassify the Environmental Management Recycling
Manager position to a Solid Waste Planner position
The Commissioners authorized the reclassification of the
Environmental Management Recycling Manager position to a Solid
Waste Planner position at a pay grade of 119. 'The reclassi,fication
was requested to hire an employee to be responsible for the
development of a new solid waste plan to comply with proposed state
'and federal regulations; create a collections program for
commercial and residential waste; and become involved with the
marketing of materials recovered from the Construction/Demolition
p~ocessing Facility.
Approval of Senior Center capital Improvement Grant - Department of
Aging
" The Commissioners approved the filing of a grant application
in the amount of $5,552 by the Department of Aging to the State
.Senior Center Capital Improvement monies from the Council of
!Go'{ernments to repair the patio area behind the Senior Center,
ihstal~ proper drainage, and rebuild two shuffleboard courts. If
tpe'funds are approved, a local match of 10% will be required. The
'grant will not jeopardize the County's efforts to receive security
bond funds for repair work.
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Adoption of Resolution to change Name of Designated Franchisee
,,;~ J\>. The Commissioners adopted a resolution to redesignate the
~rs~~n Cable franchise to Time Warner Entertainment-
Advance/Newhouse Partnership and transfer all franchise rights,
duties, and obligations to that entity. As a result of a Vision
C:ible corporate reorganization, this action is necessary under
section 6-135 of the New Hanover County Code.
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A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 22.
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Adoption of Resolutions to Request the Addition of Roads to the
State Highway system
\' The Commissioners adopted resolutions to request the addition
of .,the following roads to the State Highway System:
Roads
: Roads
Roads
North
in the Cedars at Gorman Plantation, Sections 1-3
in Gorman Plantation SUbdivision, Sections 4-6A
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1n Oxford. Place Subd1v1s1on, Sect10ns 1-4
Green Meadows Drive
Copies of th~ resolutions are hereby incorporated as a part of
the minutes and are contained in Exhibit Book XXII, Page 22.
Approval of BUdgJ~'. Amendment 95-0068 - Automation project for the
New Hanover countY'Library
The Commissioners approved the following Budget Amendment:
9~7~068 Library
. 11 ,1-
Librarv
Installment Loan Proceeds
Il~?:papital Outl.ay - Equipment
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Debit
Credit
$14,162
$14,162
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MINUTES OF REGULAR MEETING, NOVEMBER 7, 1994 ~
"" ~ 349
Purpose: To record revenue received from First Union National Bank
for the final portion of the Library automation project that has
been completed. (Installment financing - for accounting purposes
only.)
Approval of Budqet Amendment #95-19 - Computer Aided Dispatch
System - Sheriff's Department
The Commissioners approved the following Budget Amendment:
95-19 - computer Aided Dispatch System
Debit
Credit
Computer Aided Dispatch Svstem
Transfer in From Fund 140
(Emergency Telephone Fund)
$60,000
Capital Project Expense
$60,000
Emeraencv Telephone Fund
911 Surcharge
$60,000
Transfer out to CAD Fund
$60,000
Purpose: To increase budget for necessary expenses related to
Uninterrupted Power Supply upgrade.
RECOGNITION OF THE NEW HANOVER COUNTY HEALTH DEPARTMENT FOR
RECEIVING AWARDS FOR "THE WINNING SHOTS - IMMUNIZE" PROGRAM
Health Director, Robert S. Parker, reported the New Hanover
County Health Department received the Glaxo Child Health
Recognition Award for "The Winning Shots-Immunize" program. This
award also included a $5,000 check. In July 1994, the program was
selected to receive a 1994 NACo Achievement Award at the Annual
Conference. Director Parker requested Ms. Beth W. Day,
Epidemiology Director, to present a short video on the program.
Ms. Day presented a video on the receipt of the Glaxo Award
and reported on the success of the immunization program in New
Hanover County. At the beginning of the immunization campaign, the
compliance immunization rate for children under two years of age
was 76%. At the end of the program the compliance rate had
increased to 95%. Funds from The Winning Shots grant will continue
to be used to maintain the expanded tracking system through
individual contact in order to enable the Health Department to
maintain its excellent compliance rate.
Chairman Greer, on behalf of the Board, presented the plaques
awarded by Glaxo and the National Association of Counties to Ms.
Day and complimented the employees of the Health Department for the
hard work given to create a program that has greatly benefitted the
children of New Hanover County.
A round of applause was given to the Health Director, Robert
S. Parker, Ms. Beth W. Day, and Staff for receiving national
recognition for the creation and implementation of this successful
program.
DISCUSSION OF THE TECHNICAL REVIEW COMMITTEE AND ITS PROCEDURES IN
THE APPROVAL OF SUBDIVISION AND SITE PLAN REVIEWS
County Manager O'Neal reported the Techn'ical Review Committee
was established in April 1987 by the Board of County commissioners
in an effort to streamline and expedite the review procedures for
subdivision and site plan reviews. Prior to this time, all
subdivisions were approved on a monthly basis by the fulY Planning
Board with many projects receiving a "conditional" approval subject
to modifications or changes imposed by various review agencies.
Under the present bi-monthly system, plans are approved in a more
timely fashion by the Technical Review committee and conditional
approvals have virtually been eliminated. Even though the
Subdivision Ordinance authorizes the chairperson of the Planning
Board to either approve or deny the plan, the Planning Board,
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MINUTES OF REGULAR MEETING, NOVEMBER 7, 1994'
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through its Rules of Procedure, requires the chairperson (or his
designee) and at least two other appointed members' to make
decisions by a majority vote. The chairperson of the Planning
Board signs the plan.
commissioner sisson commented on the need to review the e~tire
subdivision and site plan approval, procedures .and reported he
requested the County Manager to place this item on the agenda.
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Chairman Greer commented on the importance of having time to
thoroughly discuss this matter and recommended scheduling a Work
Session.
Motion: After discussion, it was the Gonsensus of the Board to
schedule a Work Session on Thursday, December 1, 1994, after the
morning Staff Meeting.
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CONSIDERATION OF REV~SIONS TO NEW HANOVER COUNTY ANIMALS AND FOWL
ORDINANCE - FIRST READING
County Manager O'Neal reported the revisions as
during the Work Session held on October 17, 1994,
incorporated into the New Hanover County Animals
Ordinance.
requested
have been
and Fowl
Motion: Commissioner sisson MOVED, SECONDED by Commissioner Caster
to adopt the revisions to the Animals and Fowl Ordinance as
'presented. Upon vote, the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Caster
commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
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voting Nay: Commissioner Barone
commissioner Barone stated, for the record, she voted in
opposition to'the proposed revisions to require a second reading of
the ordinance and provide another opportunity to receive public
input. Also, after receiving a copy of the dog and cat bites, out
of 440' bites, 90% of the bites were caused by people mishandling
animals. In her opinion, it is quite obvious that New Hanover
county has a people problem, not an animal problem.
A second reading of the ordinance will be held on November 21,
1994.
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PUBLIC HEARINGS
Public Notice was given that public hearings would be held by
the New Hanover County Board of Commissioners on November 7, 1994,
at 7:30 P.M. in the Assembly Room of the New Hanover County
Courthouse, 24iNorth Third" Street, Wilmington, North Carolina.
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The following Public Hearings were held:
PpBLIC HEARING TO CONSIDER A REQUEST BY CAMERON COMPANY LTD.
PARTNERSHIP TO REZONE 23.76 ACRES ON THE EAST SIDE OF MARKET STREET
SOUTH OF BAYSHORE~DRIVE TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-
5Q1, 9/94) ; .
!' Chairman Greer opened the Public Hearing and requested persons
to limit thei~ remarks to three minutes.
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. Planning qirector, Dexter Hayes, reported this item was first
P!!=sented to the Planning Board at its September 1, 1994, meeting.
'After a lengthy debate', the Planning Board directed the petitioner
"and leaders of the;opposition to meet to see if a compromise could
b'~. achieved. The ,hearing was scheduled to be reconsidered on
~ctober 6, 1994. At this meeting, it was reported the parties
involved had met with no consensus reached. The opposition
continued to maintain that rezoning of this site would be .
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MINUTES OF REGULAR MEETING, NOVEMBER 7, 1994
'>'<,'.' 351.
detrimental to the area because of t?e negatiye impact to the
environment, additional traffic, an J.ncrease J.n crime and the
devaluation of residential property values. After discussion, the
Planning Board determined the parcel was no longer suitable for
residential use, particularly along the immediate road frontage.
In an effort to compromise, the Planning Board voted 5 to 2 to
rezone a portion of the site to B-2 Business (approximately 13.73
acres) with the remaining portion of the tract to 0-1 Office and
Institution.
Chairman Greer inquired as to whether the petitioner would
like to comment. The following remarks were received.
Mr. Bill Cameron, representing the Cameron Company, 'requested
the Board of County Commissioners to approve the rezoning as
approved and recommended by the Planning Board. He reported the
existing R-15 residential zoning does not reflect the changes in
the surrounding areas that have taken place during the last several
years, nor does the current zoning provide the proper or best use
of the land. A rezoning of the property to B-2 and 0-1 with the
required buffering will be consistent with the Land Use Plan,
Policies for Growth and Development in New Hanover County, and
prior rezonings that have occurred in the immediate vicinity. The
property immediately to the south of the site has been rezoned from
R-15 Residential to B-2 Business with no 0-1 buffer strip between
the B-2 property and R-15 property. The property across the street
has been rezoned from R-15 to B-2. Since 1985, there have been
eight rezonings from R-15 to B-2 on the plat that was prepared by
the County Planning Staff. Also, in the August issue of the
Planning News prepared by the P~anning Department, there have been
six additional rezonings from R-15 to B-2 along the Market Street
corridor. The proposed rezoning is consistent 'with the surrounding
area and policies that have been enacted by the Board of County
Commissioners for the past several years. Also, the plan provides
for a good transition from the higher B-2 use to adjoining
residential property by requiring an 0-1 buffer to surround the B-2
property. There is undeveloped R-15 land on both sides of Bayshore
Drive and the Cameron Company will be responsible for developing
the residential property. '
After meeting with residents of Bayshore Estates, the
following concerns were expressed:
(1) ,Environmental Concerns - Water Qualitv and storm Water Run-off:
Many residents feel flooding would occur with development of the
proposed site. In response to this concern, no land disturbing
activities can take place without approval of State and County
permits to regulate storm water run-off. A Soil & Erosion Control
permi t must be issued by New Hanover county., and a storm Water
Management Permit must be obtained from 'the State of North
Carolina. Both permits require stringent regulations to ensure the
protection of the environment to surrounding properties, estuary
creeks, and waterways. Also, an Operation and Maintenance Plan
must be submitted to the State outlining the details of how the
approved storm water management system will .be maintained and kept
in working condition. If the system is not properly maintained, a
lien can be placed on the property.
(2) Traffic Concerns: The proposed rezoning will not increase
traffic in front of any existing or future home in Bayshore
Estates. The development of the site has the potential to reduce
the number of trips to Market Street by existing residents because
services will be provided to' the neighborhood without 'having to
enter onto Market Street. Also, a driveway cannot be placed on
Market street or Bayshore Drive without a permit being obtained
from the N. C. Department of Transportation. This permit would
require the driveway to meet state standards for construction and
safety before being approved.. According to the Planning Director,
Bayshore Drive is considered a collector street; consequently, it
would be appropriate to ~llow for a driveway from Bayshore Drive
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MINuTES' OF REGULAR MEETING, NOVEMBER 7, 1994
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onto the proposed rezoned site in order to serve the Bayshore
residents. Any person leaving the Cameron Company site using a
driveway to Bayshore Drive would ~ither turn right to go home or
turn left onto Market street at a controlled intersection. No
additional traffic would be generated on Bayshore Drive by the
proposed rezoning. -
(3) Lack of Knowledqe on the Intended Uses: Many residents are
concerned about not knowing the exact uses of the commercial
property. Policies for Growth and Development in New Hanover
County do not require specifically outlining business uses, and
many general B-2 zoning classes have been approved without listing
specific uses. The Cameron Company feels this is not a legitimate
argument since the County policy does require specifically defining
the uses.
(4) Increased Crime: Concern has been expressed for an increase
in crime with commercial development of the property. This does
not appear to be a legitimate argument since other commercial uses
in the area have not experienced an increase in the crime rate.
In summary, the Cameron Company believes this is a good plan
that will be consistent with the Land Use Plan, provide for the
proper use of the site, and protect the surrounding neighborhood.
The Commissioners were requested to approve the plan as recommended
by;::the Planning Board.
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Chairman Greer inquired as to whether anyone from the general
public would like to comment. The following remarks were received:
Ms. Maureen Preciose, representing the residents of Bayshore
Estates, presented maps and additional reference materials to the
Board and reported the residents of the neighborhood are opposed to
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,the" proposed rezonlng because of envlronmental concerns., water
q~~l~ty, traffic safety, and increased crime. Pages Creek, the
m6s~~ristine creek in the county, crosses through the areas of
'M'iddle" Sound, Bayshore Estates, and Porters Neck, These resource
'protective areas include wetlands, conservation overlay districts,
,pi~mary nursery areas, and the western boundary of the watershed.
'Th'e"Division of Marine Science Research and the UNC-W Biology
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Department have been conductlng a tldal creeks proJect and have
prepared a report which reflects the pollution of the County's
.cr~eks and estuaries. Two water samples taken from Pages Creek in
Bayshore show increased levels of nutrient loading pollutants from
rion~point pollution, decreased saliency levels from increased water
run-off, and increased fecal coliform counts. with the proposed
rezoning, the pollution of Pages Creek will become a reality and
the groundwater quality will be at stake. In an area with Class
IiI soils, which have severe limitations for drainage and a high
~ater table, the question to answer is where will the additional
storm water run-off go? It is felt by the residents of Bayshore
Estates that excessive run~off will flood back onto the properties
,and 'draw contaminants from the parking surfaces into the soil and
'Pages Creek with placement of the groundwater in great jeopardy.
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Another concern of the neighborhood is the protection of
wetlands. The residents feel the property to be rezoned contains
wetlands, and a letter was forwarded to the Cameron Company
requesting permission for Bayshore residents to have the area
su'rvey~d for wetlands. This request was denied. A letter was
received from the Cameron Company reporting that the services of a
consultant with proven expertise in wetlands matters had already
been obtained; therefore, no additional assistance was needed.
permission to enter the property was declined.
In summary, the New Hanover county Zoning Ordinance and the
Land Use Plan Update are vehemently opposed to strip zoning. The
Commissioners were urged to deny the rezoning. request in order to
maintain the beauty of this area, protect Pages creek, protect the
qualitY of groundwater, and protect surrounding neighborhoods from
commercial encroachment and additional traffic congestion. The
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~INUTES OF REGULAR MEETING, NOVEMBER 7, 1994
.,..~ 353
residents feel this land should remain zoned R-15 Residential and
be developed in that manner.
Mr. Tom Broadfoot, a resident of Middle Sound whose family has
lived on Pages Creek for 60 years, reported this is the cleanest
creek in New Hanover County. He urged the Commissioners to deny
the proposed rezoning request in order to protect the creek and
quality of groundwater in the entire area.
Mr. George Garrett, a resident of Bayshore Estates for 32
years, reported on the number of changes that have occurred with
development ln this area and expressed concern for flooding,
pollution of Pages Creek, and increased traffic with the proposed
development of this site. He urged the Commissioners to deny the
rezoning request.
Mr. Fred Worsh, a resident of Bayshore Estates, commented on
the State EPA being the agency to regulate and control
environmental concerns and reported this was the same organization
that should have stopped Mr. Marlow Bostic with his poor
development practices. It took a Federal Court to stop him, what
will it take to stop thi? developer?
Mr. Owen Ludlow, a resident of Bayshore Estates, reported on
attending both Planning Board meetings and pointed out that the
proposed rezoning plan was designed by the Planning Board, not the
petitioner. The original rezoning application submitted by the
Cameron Company was denied by the Planning Board, and no appeal has
been filed by the Cameron ,Company. Mr. Ludlow inquired as to
whether the Plaiming Board has authority to design a plan for
rezoning when the original petition was denied by the Planning
Board?
_, Mr. Cameron reported the original rezoning application
submitted to the Planning Board for an overaYI B-2 zoning change
was denied by that board; however, at both meetings he indicated
that the Cameron Company would be willing to accept a plan that
would be more acceptable to the residents of Bayshore Estates. As
to impervious surface, the amount of impervious surface is limited
per site by the Zoning Ordinance; therefore, it would be impossible
to have 23.8 acres of impervious surface. Also, it is important to
understand that the Cameron Company was not in existence until 1986
and has never owned Bayshore Estates. There are two separate
companies with different ownership between the two companies. The
B-2 portion of the property was purchased in the mid 80's from
Janie Jordan with the intent to develop this site for commercial
use in the future. As to the Marlow Bostic comment, the Cameron
Company does not deserve this remark because this company has
always been responsible and responsive to the community.
Mr. John Morrison, a resident of Bayshore Estates, reported
the primary issue is the sediment and pollution that will be
created by the commerciql zoning. In his opinion, the Cameron
Company should develop a plan to control the overflow of water into
the sewer system, not into the creeks. ,.
There being no further comments, Chairman Greer closed the
Public Hearing.
Chairman Greer reported the Planning Board modified the
original plan to better buffer the residential area from business
uses. As to the easement running between the properties, the
decision made tonight would not give the Cameron Company'the right
to use this land as a driveway without consent from the property
owners. In his opinion, less traffic will be generated on Bayshore
Drive under the proposed O-I in lieu of residential development.
As to strip zoning, the property across the street and to the south
is already zoned B-2 with the property to the north zoned R-15;
therefore, he does not see this as strip zoning.
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MINUTES OF REGULAR MEETING, NOVEMBER 7, 1994
35'4
commissioner sisson reported the Commissioners should always
consider whether additional commercial land is needed in an area.
Much of the existing commercial zoning on Market street is further
south, but as you approach Porters Neck Road, there is a large
tract of rezoned cOmmercial property that has not been developed.
The question to answ:er is whether additional commercial zoning is
needed? As to services for this area, they are already in place
with sewer availability, two grocery stores within less than one
mile, a large retail outlet, several restaurants, novelty shops,
four gas stations, and two fast food outlets. In his opinion, the
following issues should be considered when deciding on the proposed
rezoning: (1) an increase in traffic on a highway already at
capacity during peak hours of the day; (2) only one entrance in and
out of Bayshore Estates, which is undesirable and dangerous from an
emergency point of view; (3) an additional driveway cut on Market
street, which will create a traffic hazard with persons turning
left; and (4) compounding environmental concerns relative to the
pollution of Pages Creek and wetlands. In all due respect to the
Cameron Company, the state does not provide the necessary
regulations to save the waters in New Hanover County, and the
County does not have a drainage system or a strong sedimentation
and erosion control policy to ensure the protection of the
groundwater. In this case, the Commissioners must determine if the
people have a right to decide the type of community in which they
desire to live. The proposed rezoning will determine the character
of the area and how this neighborhood will look and function in the
future. Obviously, the Planning Board has attempted to buffer the
area with 0-1 uses; however, this is a general use classification
and, in his opinion, a conditional use district would be more
appropriate because it would provide for more site design control
and better management of additional uses.
Vice-Chairman Mathews reported it would have been ideal if a
plan could have been developed that would have satisfied both
parties; however, this did not happened. In his opinion, this is
a commercial node and the proposed rezoning is appropriate with a
300; foot buffer between the O-I District and residential
properties. As to storm water run-off, this issue will be
addressed by the state through the permitting process.
commissioner C~ster reported after driving to the site and
discussing the proposed rezoning with the residents of Bayshore, he
feels the property on Market street is more suitable for business
uses and can be attractively designed ~o be compatible with the
area. In his opinion, if the property was developed residentially,
more problems could be created with traffic, crime and storm water
.run-off.
Discussion was held on trying to mesh the commercially owned
property with residential property. Chairman Greer recommended
rdzoning the front portion of the property on Market street to 600
fe~t and rezoning the northern most portion of the property to 0-1
with the back of the property remaining residentially zoned. This
will provide a 600 foot buffer between the business and residential
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Commissioner sisson recommended a conditional use district to
provide more control on the design of the B-2 site.
"Motion: Chairman Greer MOVED, SECONDED by Vice-Chairman Mathews to
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rezone the frontage of the property B..,2 to a depth of 600 feet and
r'ezone",the northern most portion of the property O-I to 600 feet
with the back pottion of the property ,being left R-15 residential.
upbh vote, the MOTION CARRIED AS FOLLOWS:
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, voting Aye:
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commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
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MINUTES OF REGULAR MEETING, NOVEMBER 7, 1994 .
~~7T 3^~5
Voting Nay: Commissioner sisson
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 8B OF NEW.HANOVER COUNTY, NORTH
CAROLINA ADOPTED JULY 7, 1972," is hereby incorporated as a part of
the minutes and is contained in Zoning Book II, section 8B, Page
40.
BREAK
Chairman Greer called a break from 8:03 P.M. until 8:21 P.M.
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WITHDRAWAL OF APPEAL SUBMITTED BY GENE STRADER TO REZONE .14 OF AN
ACRE AT 6336 WRIGHTSVILLE AVENUE TO OFFICE AND INSTITUTION FROM R-
15 RESIDENTIAL (Z-509, 10/94)
Chairman Greer opened the Public Hearing.
Planning Director, reported Mr. Darren Hart, an attorney
representing the petitioner, has requested continuance of this item
since the law firm has just recently been obtained and needs time
to prepare the appeal.
Attorney Hart reported the law firm was just hired and
surrounding property owners were mailed a letter on November 4,
1994, notifying them of the request to continue the appeal until
the first meeting in December.
Chairman Greer inquired as to whether the. property owners had
received the notification?
Mr. Calvin Ross, a resident of 1305 Bar Harbour Drive,
reported only two people received letters. He urged the Board of
Commissioners to hear the appeal as scheduled because the residents
of the neighborhood are present and have taken time to attend the
meeting to express their opposition to the proposed rezoning.
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Consensus: After discussion of the applicant being responsible for
hiring an attorney in a timely manner, it was the consensus of the
Board to proceed with the Public Hearing.
Petition withdrawn: Attorney Hart withdrew the petition since the
Board did not grant the continuance of the appeal as requested.
RECOGNITION OF COUNCIL MEMBERS FROM THE TOWN OF KURE BEACH, NORTH
CAROLINA
Commissioner Barone recognized the presence of Council
Members, Glen Ivey and Janet Lichtner, from' .the Kure Beach Town
Council.
Chairman Greer, on behalf of the Board, welcomed Mr. Ivey and
Ms. Lichtner and expressed appreciation to them for the time taken
to attend board meetings and become involved in County Government.
PUBLIC HEARING TO CONSIDER A REQUEST BY EVERETT HARVELL AND WILLIE
ASHWORTH TO REZONE 1.15 ACRES ON THE WEST SIDE OF NORTH COLLEGE
ROAD, 455 FEET NORTH OF PARMELE ROAD TO 1-2 HEAVY INDUSTRIAL FROM
R-15 RESIDENTIAL (Z-511, 10/94)
Planning Director, Dexter Hayes, reported the Planning Board
voted unanimously to recommend rezoning only the northernmost half
of the property to 1-2 with the remaining property remaining R-15
Residential. In support of that position, the Planning Board felt
the site was very small which would significantly limit expansion
of the existing business and could negatively impact on nearby
residential uses. The Planning Board also directed the Planning
Staff to study the existing 1-2 District in the area to determine
if realignment is needed because the current line appears to be
haphazard anq illogical.
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Chairman Greer inquired as to whether anyone from the general
public would like to comment.
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'MINUTES OF REGULAR MEETING, NOVEMBER 7, 1994
35'6
The following remarks were received:
Mr. Willie Ashworth, the petitioner and owner of the property,
reported he is satisfied with the proposed rezoning of the
northernmost half of the property as recommended by the Planning
Board.
Mr. William Branch, a resident directly behind the gas
station, reported he was not opposed to the proposed rezoning,
Chairman Greer closed the Public Hearing.
Motion: Commissioner Caster MOVED, SECONDED by Vice-Chairman
Mathews to approve the rezoning 1.15 acres on the west side of
North College Road, 455 feet north of Parmele Road, to 1-2 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. BA OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 7, 1972," is hereby incorporated as a part
of the minutes and is contained in Zoning Book II, section BA, Page
19.
Commissioner Sisson inquired as to whether the realignment
study requested by the Planning Board will be submitted to the
Board of County Commissioners.
Planning Director Hayes reported any proposed revisions of
this area will be presented to the Planning Board and then
submitted to the Board of County Commissioners.
PUBLIC HEARING TO CONSIDER A REQUEST BY FRED GRAHAM, JR. TO REZONE
43.14 ACRES ON THE NORTHSIDE OF GORDON ROAD, 350 FEET EAST OF WOOD
SORRELL ROAD, TO R-10 RESIDENTIAL FROM R-1S RESIDENTIAL (.Z-S12,
10/94)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning. Board
voted .6 to 1 to recommend approval of the rezoning request. The
Planning Board agreed with the Planning Staff and felt the petition
would be consistent with the Land Use Plan. There was no
opposition present.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
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The following remarks were received:
Mr. Fred Graham, Jr., the petitioner, requested approval of
the rezoning request as recommended by the Planning Board which is
consistent with surrounding properties and in compliance with the
Laild:Use Plan.
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Chairman Greer closed the Public Hearing.
commissioner Sisson informed the Board that with construction
of the Cape Harbour Apartments and approval of the proposed
rezonipg, another ~lementary school, other than the one. currently
planned for construction, will have to be built to accommodate the
growth of this area. The Commissioners will be ,requested to
appropriate another $5 million for a new school.
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-Motion: Commissioner Caster MOVED, SECONDED Commissioner Barone to
ap'prove rezoning 4j".'14 acres on the northside of Gordon Road, 350
feet east of Wood Sorrell Road, to R-IO Residential from R-i5
Residential as recommended by the Planning Board. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
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MINUTES OF REGULAR MEETING, NOVEMBER 7, 1994 "
'1~ 357
, ,
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 8B OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 7, 1972," is hereby ,incorporated as a part
of the minutes and is contained in Zoning Book II, section 8B, Page
41.
PUBLIC HEARING TO CONSIDER A REQUEST BY JOHN ELMORE TO REZONE 11.06
ACRES ON THE EAST SIDE OF RACINE DRIVE AT MARKET PLACE DRIVE TO 0-1
OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-513, 10/94)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported after very little
discussion, the Planning Board agreed with the Planning Staff and
unanimously recommended approval of the rezoning request feeling
the land was not suitable for single family development. Since a
plan has already been approved as high density residential for the
property, the rezoning would not nullify the residential project
because residential uses are permitted in the,O-I District. Once
construction begins on an office building;' the plan would be
nullified and another plan would have to be re~ubmitted to reflect
these changes.
Chairman Greer asked if anyone from the general public would
like to comment.
The following remarks were received:
Attorney Lionel Yow, representing the owners, reported the
property across the street is zoned B-2, therefore, the O-I zoning
would be an excellent transition for the area. He reported the
owners have requested withdrawing one acre (Parcel I) from the
proposed rezoning because Montessori School desires to purchase
this property. This acre would remain residentially zoned. If for
some reason, the school does not purchase the property, the owners
~ill resubmit an application for rezoning the acre to O-I.
Attorney Joe Taylor, representing Montessori School, reported
the school is in favor of the rezoning request as amended. He
complimented the property owners for allowing the school to
purchase the one acre of land which has resolve the concern of O-I
zone~ property abutting the property owned by the school.
Chairman Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster
to approve the O-I rezoning eliminating one acre (shown as Parcel
I) from the property in question. 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. 9B OF NEW HANOVER COUNTY, NORTH
CAROLINA, ADOPTED JULY 1, 1972," is hereby incorporated as a part
of the minutes and contained in Zoning Book II, Section 9B, Page
78.
COMMISSIONER SANDRA BARONE EXCUSED FROM THE MEETING
Commis~ioner Barone was excused from the ,meeting at 8:45 P.M.
because she was not feeling well.
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 8:47 P.M. to
hold a meeting' of the New Hanover County Water & Sewer District.
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Chairman Greer reconvened to Regular Session at 9:07 P.M.
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MINUTES OF REGULAR MEETING, ~OVEMBER'7, 1994
358
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Approval of Settlement and Release Agreement Between New Hanover
county and American Casualty company of Reading, Pennsylvania
County Attorney Copley requested approval of a settlement and
release agreement between New Hanover County and American Casualty
Company for Reagan Electrical Contractors, Inc. since the bonding
company has completed the project.
Motion: commissioner sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve the settlement and lease agreement between New
Hanover county and American Casualty Company as recommended by the
county Attorney. Upon vote, the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Caster
commissioner ,Sisson
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Barone
ADDITIONAL ITEMS - COUNTY MANAGER
County Manager O'Neal notified the Board that a production
company will be filming on Election Day, November 8, 1994" in the
New Hanover County Courthouse on the main floor for approximately
two hours. The Assistant to the County Manager, Pat Melvin, will
be present to be sure that no problems are incurred with the
traffic patterns during these hours and that parking spaces will be
available for voters needing to stop by the Board of Elections
office. '
RECEPTION FOR SOUTHEASTERN CENTER
} Commissioner Sisson reported the Southeastern Center is
planning to give a reception for the tri-county Boards of
Comm~ssioners to meet the new Area Director, Dr. Art Costantini.
The first week in December has been suggested as a suitable date.
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After discussIon, it was
1994", or Thursday, ,: December
satisfactory.
agreed that Thursday, December 1,
8, 1994, at 5:30 P.M. would be
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PRESENTATION ON THE PUTURE OF FIRE SERVICE FOR NEW HANOVER COUNTY
Commissioner Sisson reported a presentation on the future of
fire service in New Hanover County will be presented in the month
of December. The proposed plan has the support of the Fire
Commission, and a copy of the plan will be forwarded in advance of
the meeting.
DISCUSSION OF SCHEDULING A JOINT MEETING WITH NEW HANOVER REGIONAL
MEDICAL CENTER BOARD OF TRUSTEES
,\~, Commissioner Caster commented on the importance of
communication between the Board of County Commissioners and the
Hospital Board of Trustees and reported the Trustees would like to
me~~with the Commissioners after the first of the year,
After discussion, it' was concluded that scheduling a joint
meeting would be an 'excellent idea.
DISCUSSION OF COMPLAIflTS RECEIVED FROM THE HOMEBUILDERS ASSOCIATION
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RELAT~VE TO THE REORGANIZATION OF THE INSPECTIONS DEPARTMENT
:" Commissioner Caster reported on complaints received' from some
mem.bers of the Homebuilders Association relativ~ to the plan for
reorganization of the Inspections Department. The Association is
concerned about the purchase of lap top computers for the
in~pectors and has requested the Commissioners to review the entire
reqrganization before proceeding with this plan. One caller was
~ite complimentary of the Inspections Department, which is one of
the best in the State, but expressed concern for the proposed
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reRrgflnization.
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~~NUTE8 OF REGULAR MEETING, NOVEMBER 7, 1994~
Sl't'l' .35~'
County Manager O'Neal reported he had received a copy of the
letter from the Homebuilders Association and that Staff was in the
process of reviewing the proposal. He expressed concern for the
interim period of time required to prepare a plan and stated
additional employees are needed immediately in the Inspections
Department.
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Discussion was held on having qualified personnel in the
Inspections Department to perform plan review. Assistant 'County
Manager, Dave Weaver, reported when receiving the last State
evaluation this weakness was pointed out and the rating of the
Inspections Department dropped.
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Commissioner sisson expressed concern for various
organizations. requesting review of a proposal that haS been studied
and recommended by the County Manager. He stressed the importance
of the County Commissioners supporting and relying on the County
Manager and Staff to present the most desirable proposal for the
County and its citizens.
ADJOURNMENT
Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster
to adjourn the meeting. Upon vote ,the MOTION CARRIED UNANIMOUSLY.
Chairman Greer adjourned the meeting at 9:19 P.M.
Respectfully submitted,
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Lucie F. Harrell
Clerk to the Board
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