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1994-11-07 Regular Meeting e e - "'l "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. " .' 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. 't. ~ " CONSENT AGENDA Approval The meetings of Minutes Commissioners approved the minutes of as presented by the Clerk to the Board: ,- following, the , Regular Meeting Regular Meetif\g Work Session ~ Animal Control Ordinance . , 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 <', -'j. . 7-12, 1994, as YOUTH APPRECIATION WEEK ln New Hanover County. ..... 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. o 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. o 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 o 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 l e e e ;jjr~~'~l!;f':J>lsi} ,~{'j1 ,")~~l'i:;;q'Ii~:;r\ ~;V;~'- J~ .... 'X.f:J.:..;~'!;t: 1~""''''' . '.'., 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. : .!:t' It -';': 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. , ; 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 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 . 'v". . . . . 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 ,-"" (,. :' Debit Credit $14,162 $14,162 ..... / i 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, \. o -0 o .',;,,, ;'r.J\'''''P'il1\~~''~J~"rJ.;,'t':f-lt~ir ;'~l' ; .... 1, >1;~i;-. .}. '~~ '-..;; MINUTES OF REGULAR MEETING, NOVEMBER 7, 1994' "35'0 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. e 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. , 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 e 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. e 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. .' " ~ ~_ 1_ ~ ~ ' 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. ~., t' \ ..' . . 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 . " ~ '\ t"; t, ..... 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 ~ o o o e e e . :~YV' h't,~l~1;$W.W':': ,:~"h,. "'I ~~.!<A,.....t. 'I '::""~:'~",;.:;i, MINuTES' OF REGULAR MEETING, NOVEMBER 7, 1994 - 352 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. "~~~~'" ' 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 ;. -,-,- . . ,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 :' ~ ~. i1' ~ ,~. ... 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. ,.' 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 ..... / ~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. ~ o o o e e - {Or, i"~'\',~~'f' . "'l I. \~}/W~-t'.' "'j..t~ . 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 "",' . uses. ,"'~ L," ~ 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 ~~' .' . 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: ",,- 1 ~~y - , voting Aye: ~f; '. " commissioner Barone Commissioner Caster Vice-Chairman Mathews Chairman Greer ...oil / / I 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. o 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. o 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. o Chairman Greer inquired as to whether anyone from the general public would like to comment. \. e e e "'Il 1"iWii. "~ '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. J/' 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. I 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. .."" .~ ,,4. -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. "t"r' . .,' , ..oil ,/ 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. . - Chairman Greer reconvened to Regular Session at 9:07 P.M. , , - ," " ~ o o '- o e e e .~.,,~ ~ ~,.:;;!/' .. ,to 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. '~'I ",-. t" l: After discussIon, it was 1994", or Thursday, ,: December satisfactory. agreed that Thursday, December 1, 8, 1994, at 5:30 P.M. would be !I;' 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 ... 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 ".,,, ." reRrgflnization. ..... / ( ~~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. I 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. o 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, ~lj~ Lucie F. Harrell Clerk to the Board o . . o /"1 :;:; I '. - ' \.