1995-03-09 Regular Meeting
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MINUTES OF REGULAR MEETING, MARCH 9, 1995
PAGE 56'1
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Thursday, March 9, 1995, 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 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.
commissioner William A. Caster was abs~nt.
Chairman Greer welcomed everyone present aand called the
meeting to order.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG 1
Dr. Ralph Holt, Pastor of Lake Forest Baptist Church, gave the
invocation.
commissioner Barone 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.
Mr. George McNeir, a resident of New Hanover County and a
solar boating enthusiast, expressed concern for the drainage
problems in the County and requested the Board to consider an
aiternative to address these problems. He commented on the old
trolley which use to run from Wrightsville Beach through Park
Avenue to downtown Wilmington and reported the County should
consider using a route for running a canal through areas that are
already opened for traffic and drainage. The canal could begin at
Park Avenue from Bradley Creek running through town up into the
Randall Parkway reservoir. This type of drainage plan would
greatly enhance the beauty of the area as well as serve to provide
the following benefits: (1) allow drainage to settle in certain
areas with the intercpnnection of ponds to provide drainage toward
the Intracoastal Waterway and Cape Fear River; (2) provide a place
for human powered watercraft; (3) provide new business development
opportunity areas along the canal such as sidewalks for jogging,
picnic areas, beautification of areas for gardening, and sidewalk
cafes in certain areas; (4) provide a slow, uncumbered route to
cross the City without interference from buses or other modes of
transportation; (5) provide the capability of having larger pond
areas for small renewable energy craft; and (6) greatly enhance
Greenfield Lake. He requested the Commissioners to consider
designing a drainage plan that would utilize and enhance the
existing open space, ponds and drainage, which would reconnect many
beautiful areas that have fallen upon hard times to the mainstream
of community.
Mr. McNeir volunteered his services as a systems engineer and
industrial designer if the Commissioners were interested in moving
toward this type of project.
Vice-Chairman Mathews commented on the project being an
interesting concept and reported this was worth investigating.
Chairman Greer,
to Mr. NcNeir for
services.
on behalf of the Board, expressed appreciation
presenting the proposal and offering his
PRESENTATION OF PLAQUE TO SHERIFF'S DEPARTMENT BASKETBALL TEAM IN
RECOGNITION OF WINNING THE "1995 BID BUDDY HIGH NOON SHOOT OUT"
Chairman Greer, on behalf of the Board, presented a plaque to
the Sheriff's Department Basketball Team in recognition of winning
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MINUTES OF REGULAR MEETING, MARCH 9,.1995
PAGE 562
the "1995 Big Buddy High Noon Shoot Out" annual fund raiser game.
He reported the event had been held for three years and this was
the first time the Sheriff's Department had won over the Wilmington
Police Department team.
APPROVAL OF CONSENT AGENDA
Chairman Greer requested removal of Consent Agenda Item 3 for
further discussion.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Sisson to remove Consent Agenda Item 3 as requested by Chairman
Greer and approve the remaining items on the Consent Agenda as
presented. Upon vote, the MOTION CARRIED AS FOLLOWS:
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Voting Aye: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Caster
CONSENT AGENDA
Approval of Minutes
The Commissioners approved minutes of the Regular Meetings of
February 6, 1995, and February 20, 1995, as presented by the Clerk
to the Board.
Renewal of Att~rney Tax Collection Contract #95-0183
The Commissioners approved the renewal of a contract with
Attorney Louis K. Newton for tax collections and foreclosures. Mr.
Newton'a legal fees are charged to the delinquent taxpayer;
therefore, New Hanover County does not incur collection expenses.
A copy of the contract is on file in the Legal Department.
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Designation of ,the Council of Governments/AAA Administrator as the
Lead Agency fo~ the 1995-96 Home and community Care Block Grant for
Older Adults - Department of Aging _
The Commissioners designated the Council of Governments/AAA
Administrator as the Lead Agency for the 1995-96 Home and Community
Care Block Grant for Older Adults. This agency is responsible for
all planning and coordination of duties for grant administration.
Approval of Budget Amendment #93-36 - Federal Forfeited property
The Commissioners approved the following Budget Amendment:
95-36
Federal Forfeited property
Debit
Credit
Federal Forfeited Property
Federal Forfeited Property
$16,471
Federal Forfeited Property
Supplies
$16,471
Purpose: To increase the budget for revenue received on February
14, 1995. Federal Forfeited Property funds are budgeted as
received and must be used for law enforcement activities as the
Sheriff deems necessary.
Adoption of Resolution for conveyance of the county's Interest in
Lots owned Jointly by the city of wilmington and New Hanover county
The Commissioners adopted a resolution to authorize the
conveyance of interest in lots jointly owned by New Hanover County
and the City of Wilmington identified as follows:
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Parcel No.
048-14-005-009.000
Address
Woods Avenue
Tax Value
$1,243.00
These lots have been identified by the Cape Fear Habitat for
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MINUTES OF REGULAR MEETING, MARCH 9, 1995
PAGE 563
Humanity for construction of owner-occupied,
residences.
single-family
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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 30.
Ratification of Appointment of Jerry Pilcher as Extra-Territorial
Member of the Kure Beach Planning and zoning commission
The Commissioners ratified the appointment of Jerry pilcher to
serve as an extra-territorial member of the Kure Beach Planning and
Zoning commission as recommended by the Kure Beach Town Council.
DISCUSSION OF CONSENT AGENDA ITEM 3, AWARD OF BID FOR FOOD STAMP
DISTRIBUTION SERVICES CONTRACT
Chairman Greer expressed concern for limiting the
specifications of the contract to three years of experience because
of the local businesses excluded by this requirement. He
recommended rejecting all bids received and re-bidding the project.
Motion: Chairman Greer MOVED, SECONDED by Commissioner Barone to
reject all bids received and direct Staff to re-bid the contract
without the three-y~ar experience requirement. The floor was
opened for discussion.
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commissioner Sisson reported if the contract can be opened to
allow local companies to competively bid, he would be in favor of
re-bidding the project.
Upon vote, the MOTION CARRIED AS FOLLOWS:
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Voting Aye: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Absent:
commissioner Caster
PRESENTATION OF THE JOHN M. DOLAN VOLUNTEER FIREMAN OF THE YEAR
AWARD FOR 1995
Commissioner Sisson requested the members of the Dolan-family
to step forward to assist with presenting this award.
commissioner Sisson, on behalf of the Board, congratulated and
presented a plaque and jacket to Chief Nick Bianco of the Castle
Hayne Volunteer Fire Department in recognition of being selected to
receive the "John M. Dolan Volunteer Fireman of the Year Award".
Mr. Bianco has been a member of the Castle Hayne Volunteer
Department for nineteen years and has provided outstanding
leadership to the Castle Hayne Volunteer Fire Department as well as
to the Board of Fire Commissioners. A round of applause was give
to Chief Bianco.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
ADOPTION OF JOINT RESOLUTION BETWEEN THE WILMINGTON CITY COUNCIL
AND NEW HANOVER COUNTY BOARD OF COMMISSIONERS FOR ESTABLISHMENT OF
A CONSOLIDATION STUDY COMMITTEE
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'Motion: Commissioner Sisson MOVED,
Mathews to adopt the resolution
Consoltdation Study Committee. Upon
UNANIMOUSLY.
SECONDED by Vice-Chairman
for establishment of a
vote, the MOTION CARRIED
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XXII, Page 30.
RATIFICATION OF APPOINTMENT OF DANIEL H. STAHL TO SERVE ON THE
BOARD OF FIRE COMMISSIONERS AS THE REPRESENTATIVE OF THE WINTER
PARK VOLUNTEER FIRE DEPARTMENT
Commissioner Sisson reported inadvertently, the request to
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MINUTES OF REGULAR MEETING, MARCH ~, 1995
PAGE 56.4
ratify the appointment of, Daniel H.
position created with the resignation
presented to the Board last month. He
to ratify this appointment.
Motion: Commissioner sisson MOVED, SECONDED by Vice-Chairman
Mathews to ratify the appointment of Daniel H. Stahl as recommended
by the winter Park Volunteer Fire to fill the vacant position
created by the resignation of Gary Rowe. The term will expire July
1, 1995. Upon vote, the MOTION CARRIED AS FOLLOWS: .
Stahl to fill the vacant
of Chief Gary Rowe was not
requested the Commissioners
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Voting Aye: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Caster
DISCUSSION OF SCHEDULING A WORK SESSION TO DISCUSS DRAINAGE IN NEW
HANOVER COUNTY
County' Manager O'Neal commented on the memo from Assistant
County Manager, Dave Weaver, with reference to drainage and
inquired as to whether the Commissioners would like to schedule a
Work Session to discuss this matter.
Chairman Greer reported he feels this matter should not be
addressed at this time because of the consolidation issue.
commissioner Sisson agreed with Chairman Greer, but expressed
concern for drainage requirements on large projects i~ the future.
He recommended using this memorandum to serve as a general
guideline by the Technical Review Committee (TRC) when reviewing
large development projects.
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commissioner Barone agreed with Chairman Greer and stated the
drainage issue should not be addressed at this time because of
consolidation. Unfortunately, the County has not taken any action
on drainage since the Stormwater Run-Off Committee appointed in
1989, of which she was a member. She reported if some action is
not taken before too long, there will be no land available for
designing a drainage system in New Ha~over County.
REQUEST FROM THE WILMINGTON CITY COUNCIL FOR THE CITY AND COUNTY TO
JOINTLY DEVELOP A MUNICIPAL COMPLEX
County Manager O'Neal reported during the City Council's
retreat, the Council directed the City Manager to request the
County to work with the City in jointly developing a municipal
complex. He requested direction from the Board.
After discussion of consolidation and the possible impact to
existing buildings, the Board decided to postpone this item until
the consolidation issue had been addressed.
PROCLAMATION DESIGNATING MARCH '24, 1995, AS "EARL JACKSON DAY" IN
NEW HANOVER COUNTY
Chairman Greer commented on the retirement of Earl Jackson,
who has worked with the Community Boys and Girls Club for 44 years
and recommended honoring him with a proclamation declaring March
24, 1995, as "Earl Jackson Day" in New Hanover county.
Motion: Chairman Greer MOVED, SECONDED by Commissioner Sisson to
request the Clerk to the Board to prepare a proclamation
designating March 24, 1995, as "Earl Jackson Day" in New Hanover
county. Upon vote, the MOTION CARRIED AS FOLLOWS:
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voting Aye: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
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'MINUTES OF REGULAR MEETING, MARCH 9, 19'95
PAGE 565
Absent:
commissioner Caster
DISCUSSION OF DISRUPTIVE PROTESTERS DURING THE NATIONAL ASSOCIATION
OF COUNTIES LEGISLATIVE BRIEFING IN WASHINGTON, D, C. BY A GROUP
ENTITLED, ACORN, "A COMMUNITY ORGANIZATION FOR A REFORMED NOW" '
Commissioner Barone commented on disruptive protesters" known
as ACORN, who stormed into the banquet room during the delegate
luncheon at the National Association of Counties Legislative
Briefing and reported the luncheon had to be dismissed because of
a near riot situation. She stated she was not present because of
a meeting with a friend of Clarence Thomas; however, she had
learned that ACORN was a hired renter/riot group from Pennsylvania
and New Jersey that was paid to protest the budget cuts proposed by
Congress from the school food and nutrition programs. Many of the
protesters are members of President Clinton's "Peace Corps" group,
which receives $1.1 million annually from the federal government.
In her opinion, to disrupt a meeting being attended by the New
Hanover County Board of Commissioners and approximately 2,000
County Commissioners throughout the country is not fair to the
taxpayers. This could have been a very dangerous situation, and
after discussion with Chairman Greer, it was concluded that a
letter should be written to the National Association of Counties
expressing the Board" s concern with a copy of the letter being
forwarded to the local Congressional delegation.
After discussion, Chairman Greer was authorized to write a
letter to the National Association of Counties expressing the
Commissioners concerns for the incident in Washington. A copy of
the letter is to be forwarded to the local Congressional
delega.tion.
DISCUSSION OF STATE BUDGET CUTS AND THE POSSIBLE IMPACT ON COUNTIES
Commissioner .sisson expressed concern for the N. C. General
Assembly considering budget cuts that will not fund certain County
mandates and create a burden on New Hanover County taxpayers. He
reported' if this occurs, he will rent a bus and carry outraged
citizens to the State Capital to protest these types of cuts. For
example, if the intangibles tax is repealed, the County should be
reimbursed with a growth factor to avoid the loss of revenue
becoming a burden to County taxpayers.
County Manager O'Neal
for the intangibles tax,
$814,000 in revenue.
reported with a projected growth factor
the County could lose approximately
MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW
HANOVER COUNTY WATER , SEWER DISTRICT
Chairman Greer convened from Regular Session at 7: 15 P.M.
until 7:19 P.M. to hold a meeting of the New Hanover County Water
& Sewer District.
PUBLIC HEARING TO CONSIDER CONTRACT WITH FIRST UNION NATIONAL BANK
(FUNB) FOR FINANCING THE PURCHASE OF THE SEIMENS PROPERTY
Chairman Greer opened the Public Hearing.
Finance Director, Bruce Shell, reported the Board of Education
was prohibited by the North Carolina General Statutes from using
installment purchasing as a financing tool for the acquisition and
renovation of the Seimens property. In order to resolve this
matter and proceed with the purchase, the following procedure
should be used:
1. The County will hold title to the property during the
financing term (4 years and eleven months), in order to give
the .creditor the necessary Deed of Trust. The County will
lease the property to the School Board pursuant to G. S.
Section.160A-?~4 d~ring that period, then convey the property
in fee simple to the School Board at the end of the lease.
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MINUTES OF REGULAR MEETING, MARCH 9, 1995
1, .,. ~ ,,"1,
PAGE 566
2. The County will pay renovation costs, and will designate the
School Administration as the County's agent in contracting for
the construction/renov~tion in the County's name.
3. The County's funding to the Schools will be reduced by the
amount of the County's. expenditures for the renovations.
The Commissioners were requested to approve the agreement with
First Union National Bank for financing the purchase of the Seimens
property.
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Chairman Greer inquired as to whether anyone from the general
public would like to comment on the funding agreement.
No comments were received.
Chairman Greer closed the Public Hearing.
Motion: After a lengthy discussion on the use of funds originally
designated for the old warehouse by the schools, Vice-Chairman
Mathews MOVED, SECONDED by Commissioner Barone to approve the
agreement with First Union National Bank for financing the purchase
of the Seimens property contingent upon a satisfactory
environmental assessment. The Chairman was authorized to execute
a buy-sell agreement if the environmental assessment is
satisfactory. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Caster
Ms. Lori Stephenson expressed appreciation to the
Commissioners for the support given to the schools and emphasized
the importance of developing more communication between the Board
of Education and County Commissioners on how bond proceeds are
being used to construct and renovate school buildings.
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BREAK
Chairman Greer called a break from 7:29 P.M. until 7:45 P.M.
PUBLIC. HEARING TO CONSIDER A REQUEST BY JEFF IDOL TO REZONE .36
ACRE ON THE SOUTH SIDE OF OLEANDER DRIVE WEST OF WILLOW WOODS DRIVE
TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-523, 1/95 - APPEAL. CASE,.
CONTINUED ITEM)
Chairman Greer opened the Public Hearing.
Planning Director Hayes reported the Planning. Board
recommended denial of the applicant's request, noting that
expansion of the commercial district would create negative impacts
on residential uses to the south. Several nearby property owners
spoke in opposition to the request. They felt the rezoning would
lead to more intense development on the site, which would incr~ase
drainage problems in the area. They also feared rezoning would
undermine the residential integrity of nearby homes.
Planning Director Hayes reported since the Public Hearing held
on February 6, 1995, the petitioner had agreed to consider the
adjacent ~ot at the rear of the property as a residential lot which
would allow for a buffer as well as a setback.
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Chairman Greer inquired as to whether anyone from the general
public would like to comment.
Mr. Bill Maus reported after discussion with the Zoning
Enforcement Officer,'a three-row planted 'buffer six reet in ~eight
would be required along the R-15 line; the planted buffer must be
a minimum of 20 feet wide but may be ~ider depending upon the
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MINUTES OF REGULAR MEETING, MARCH ~, '1995
PAGE 567
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building height; all existing vegetation within the buffer would be
required to be retained; the buffer must provide 100% opacity
between the two properties; and if a fence is installed it must be
installed on the developer's side of the buffer. He reported after
meeting with adjacent landowners at the last m'eeting, they are
pleased with the proposed plan and conditions.
Mr. Reid 'Larsen reported he and Mr. Maus had reached an
agreement; however, he was concerned about the manner in which the
County is being zoned. He urged the Commissioners to provide more
protection to residential areas who are being encroached upon by
commercial rezoning.
Chairman Greer closed the Public Hearing.
Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner
Barone to approve the rezoning as presented with the requirements
outlined by Mr. Maus. Upon vote, the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Barone
Commissioner Caster
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Caster
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA .NO. 9B OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED JULY 1, 1972," is hereby incorporated as a part of
the minutes and is contained in Zoning Book II, section 9B, Page
80.
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PUBLIC HEARING TO CONSIDER ZONING A TEXT AMENDMENT TO ESTABLISH
STREETSCAPING OPTIONS AND SETBACK REDUCTIONS WITHIN THE SPECIAL
HIGHWAY OVERLAY DISTRICT (A-243, 11/92; REACTIVATED 2/95)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
voted 6~1 to recommend approval of the zoning text amendment. It
was noted that the proposed revisions would make it easier to
develop properties with shallow depths while preserving ~he basic
integrity of the Special Highway Overlay District (SHOD) ,. In
several previous instances, requests have been made to remove the
SHOD ,to provide relief for marginally developable properties, or
because it would simply be more convenient to develop them without
those additional regulations.
Amendments were presented to the Planning Board in 1992 with
no action taken. Later, the amendments resurfaced at the urging of
Staff in reaction to a Public Hearing in January where an applicant
had peti,tioned to remove SHOD for several acres along Eastwood
Road. Staff advised the Planning Board that it would be better to
provide steps to mitigate design snarls than to eliminate SHOD.
The Planning Board directed Staff to present the proposed Text
Ainendment to the Board of County Commissioners. .
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Chairman Greer inquired as to how many trees would have to be
planted on a 100-foot wide lot?
Planning Director Hayes reported one tree per 40 feet of
frontage; therefore, a 100~foot lot would require the planting of
two trees.
commissioner Barone commented on Page 13 which references
approval by the local N. C. Cooperati ve Extension Service and
report~d this will require people to deal with another agency. She
inquired as to what 'procedure would be necessary to have a tree(s)
approved by the Cooperative Extension Service?
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MINUTES OF REGULAR MEETING, MARCH 9, 1995
PAGE 568
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Planning Director Hayes reported the Cooperative Extension
Service would be used in the planting-of exotic trees. In order to
have a tree approved, discussion would have to be held with David
Barkley at the Cooperative Extensio~ 'Service with verification by
the County Zoning Enforcement Officer. The purpose of using the
Cooperative Extension is to provide. pertinent data on whether or
not a particular tree will live in the area.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
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No remarks were received:
Chairman Greer closed the Public Hearing.
Motion: Commissioner sisson MOVED, SECONDED by Vice-Chairman
Mathews to approve the Text Amendment as presented. Upon vote, the
MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Caster
A copy of the Text Amendment is hereby incorporated as a part
of the minutes and contained in Exhibit Book XXII, Page 30.
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PUBLIC HEARING TO CONSIDER A REQUEST BY JOEL TOMASELLI TO REZONE
4.48 ACRES ON THE SOUTH SIDE OF EASTWOOD WEST OF PLAZA EAST
SHOPPING CENTER TO CONDITIONAL USE B-1 BUSINESS FOR MISCELLANEOUS
RETAIL AND OFFICES FROM R-15 RESIDENTIAL (Z-525, 1/95)
Chairman Greer opened the Public Hearing and announced that
Conditional Use zoning requires issuance of a Special Use Permit;
therefore, any persons wishing to testify must be sworn in by the
Clerk to the Board.
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The following persons were sworn in:
Dexter Hayes, Planning Director
Lee Autry
Frank Smith, Jr.
Joel Tomaselli
Graham Hoover
Lilly Clements
William Taylor
, " Planning Director, Dexter Hayes, reported the Planning Board
i~c6mmendedapproval of the conditional use request as submitted.
They' noted the establishment of conditional use zoning at this
location would I be consistent with t~e purposes of the district.
They also noted the planned design would be generally compatible
with establi~hed land use patterns. 'The lone dIssenter said he
could not support the zoning change because it would displace
people residing in the mobile home park.
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The following preliminary Staff findings were presented:
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1.
The Board,must find that the use will not materially endanger
'the public health or safety if located where proposed and
developed according to the plan as submitted and approved..
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A. The site has access to adequate water and se\ier services.
B. The site is located within the Seagate VFD Dist~ict.
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The site has direct access to Eastwood Road." ,- The" plan
also calls for the installation of road tapers"to-improve
access to the site.
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MINUTES OF REGULAR MEETING, MARCH 9, 1995
PAGE 569
2. The
and
A.
B.
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D.
Board must find that the use meets all required conditions
specifications of the Zoning Ordinance.
A site plan pursuant to the Ordinance has been submitted.
without SHOD, the required front yard setbacks can be
met. with SHOD, front yard setbacks would have to be
adjusted.
All other setbacks can be met.
It appears protected trees will be preserved to the
greatest extent practical, with many being incorporated
into the design of the project.
'3. The Board must find that the use will not substantially injure
the value of adjoining or abutting property or that the use is
a public necessity;
A. The site plan calls for the preservation of a substantial
portion of the natural vegetation found along the western
boundary adjacent to Lion's Gate. This is to serve as a
buffer for that project. Additional plantings along that
boundary could provide increase visual and physical
protection.
4. The Board must find that the location and character of the use
if developed according to the plan as submitted and approved
will be in harmony with the area in which it is to be located
and in general conformity with plan of development for New
Hanover County.
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A.
The proposed retail office facility is
adjacent to Plaza East Shopping Center,
retail facility.
B. Property to the south is vacant, while property to the
east is developed with attached dwelling units.
immediately
a mid-sized
C. The site has direct frontage along the south sj.de of
Eastwood Road, a major thoroughfare.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following remarks were received:
Mr. Joe Tomaselli, the petitioner, commented on preparing a
safe plan that would enhance the site on Eastwood Ro~d and stated
the project would be a first-class development. He requested the
Commissioners to approve the rezoning request.
Mr. Frank Smith, of smith Gage Architect, presented a map on
the proposed plan and reported the intent was to maintain heavy
vegetation on'the property near the area of mobile homes and reduce
the noise and traffic to adjoining properties. Also, drainage has
been addressed and a 75 foot setback would be required.
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Mr. Graham Hoover, representing the Lions Gate Homeowners
Association, reported the residents of Lions Gate are very much in
favor of the plan and feel it would be in harmony with the
surrounding area.
commissioner Barone inquired as to whether the residents at
Lions Gate were satisfied with the drainage plans?
Mr. Hoover reported the residents were very pleased with the
proposed drainage plan.
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MINUTES OF.REGULAR MEETING, MARCH 9,1995
PAGE 570
Mr. Lee Autry, a resident of the Waterway Mobile Park,
reported he was not against the proposed rezoning, but he was
concerned about being displaced from his home. When purchasing the
trailer five years ago, he never thought he would have to move.
The trailer and yard have been greatly enhanced and under the
proposed rezoning, the new owner does not want a trailer on the
corner of the property. with a 20-year old trailer, which is not
classified as Wind Zone Type I, the trailer cannot be moved to
Pender County; private trailer parks will not accept a trailer over
five years old; and the nearest location would be west of Highway
95. with a purchase price of $2,500 plus $1,000 of improvements,
he will experience a financial loss of approximately $3,000. He
informed the Board that he did not intend to borrow money to have
the trailer moved to the junkyard to satisfy the proposed rezoning.
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commissioner Barone expressed concern for Mr. Autry and asked
if accommodations could be made for this gentleman?
Mr. Autry reported he had considered asking for some type of
settlement; however, he had not. proceeded with this action. He,
also, informed the Board that another gentleman purchased a trailer
a month ago and was informed last week that he would have to move.
commissioner sisson expressed concern for the owner of the
trailer park misleading these people and recommended requiring the
property owner to settle with the renters before moving forward
with the project. He strongly objected to people being abused when
they have conducted business in good faith.
Ms. Lilly Clements, the former owner of Waterway Mobile Park,
reported the renters had always been told the park would be sold
when the time was right for retirement. Mr. Autry purchased the
mobile home from her, and he was told the property would be sold
when the right deal was offered. The other person referenced by
Mr. Autry purchased the mobile home from a person- living in the
park, not from her. All renters were notified in writing about the
proposed rezoning, invited to attend meetings, and signs were
posted. She and her husband received the right deal and sold the
property for retirement purposes.
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County Attorney Copley reported the remedy for Mr. Autry would
be toward the person from whom the mobile home was purchased
without County involvement.
Chairman Greer inquired as to whether the petitioner agreed
with the staff findings as presented by the Planing Director.
Mr. Tomaselli agreed with the findings as presented.
Chairman Greer closed the Public Hearing.
Motion: After discussion of Mr. Autry's problem being a private
matter with the owners, Vice-Chairman Mathews MOVED, SECONDED by
Chairman Greer to rezone 4.48 acres'located on the south side of
Eastwood Road west of Plaza East Shopping Center from R-15
Residential to Conditional District (B-1).
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
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Absent:
, Commissioner Caster
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA NO. 2 OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED DECEMBER 15, 1969" is hereby incorporated as a
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MINUTES OF REGULAR MEETING, MARCH 9, 1995
PAGE 5'11
part of the minutes and is contained in Zoning Book II, section 2,
Page 34.
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commissioner Sisson commented on the retention pond and
recommended placing a condition on the Special Use Permit that will
require mainten~nce of the retention pond by the present and future
property owners.
Planning Director Hayes reported the petitioner would have to
select one free standing sign, not two as listed in the site plan.
Mr. Tomaselli reported he had no problem with the selection of
one sign or the required maintenance of the retention pond.
Motion: commissioner Barone MOVED, SECONDED by Commissioner Sisson
to grant the Special Use Permit for the Conditional Use B-1
District based upon the evidence presented concluding that the
proposed use will not materially endanger the public health or
safety if located where proposed and developed according to the
plan as submitted and approved; th~ proposed use meets all required
conditions and specifications of the Zoning Ordinance; the proposed
use will not substantially injure the value of adjoining or
abutting property or that the use is a public necessity; and the
location and character of 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 contingent upon
establishment of a maintenance agreement that the owner or his
successors will maintain the stormwater retention pond. Upon vote,
the MOTION CARRIED AS FOLLOWS:
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Voting Aye: Commissioner Barone
Commissioner Si~son
Vice-Chairman Mathews
Chairman Greer
Absent:
commissioner Caster
A copy of the Special Use Permit is hereby contained in SUP
Book II, Page 10.
PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT REQUESTED BY SHARON
SKIPPER TO ESTABLISH AN IN-HOME CHILD DAY CARE SERVICE FOR UP TO
EIGHT CHILDREN AT 654 WINDEMERE ROAD (S-372,2/95)
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
Sharon Skipper
Jerry Bryan
Kenneth Hines
Allyson Pittman
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Planning Director, Dexter Hayes, reported that the Planning
Board voted unanimously to recommend approval of the applicant's
request. There was no opposition. In fact, two property owners
from the neighborhood appeared to speak in behalf of the petition.
The following preliminary Staff findings were presented:
1. The Board must find that the use w~ll not materially endanger
'the public health or safety if located where proposed and
developed according tp the plan as submitted and approved.
A. ,The site has direct access to Windemere Road.
B. The site is located in the Seagate VFD district.
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PAGE 572
M~NUTES OF REGULAR MEETING, MAgCR 9, 1995
C.
D.
2. The
and
A.
B.
The site is currently served by adequate water and sewer.
The owner now operates a registered day care service
(five or less children).
Board must find that the use meets all required conditions
specifications of the Zoning Ordinance.
Child day care is permitted by special use permit in the
R-15 Residential District. The site is zoned R-15.
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The Ordinance places nq maximum on the number of children
thatican be cared for, The applicant proposes to serve
a maximum of eight children--five full time and three
after-schoolers.
C. A sit;e plan pursuant to the Ordinance has been submitted.
Adequate area is available to accommodate off-street
parking and the outside play area.
,
3. The Board must find that the use will not substantially injure
the value of adjoining or abutting property or t~at the use is
a.public necessity.
A. No exterior improvements or alterations are planned.
4. The Board must find that the location and character of the
use, if developed according to the plan as submitted and
approved, will be in harmony with the area in which it is to
be located, and in general conformity with the plan of
development for New Hanover County.
A. There are no other day care facilities nearby.
B.
The applicant has operated a
at this site without any
neighbors.
registered day care service
record of complaint from
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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. Sharon Skipper, the petitioner, presented, pictures ,of the
home and reported she had operated a day care center for a number
of years and w9uld like to expand the in-home facility to keep up
to eight children.
Mr. Jerry Bryan reported he had lived in the neighborhood for
15 years'and had never experienced any problem with the day care
facility.
Mr. Kenneth Hines, an adjacent property owner, commented on
the excellent care given to the children in the day care facility
and requested the Commissioners to approve the Special 'Use Permit.
Ms. Allyson Pittman reported Ms. Skipper keeps her child and
operates an excellent day care facility. She requested the
Commissioners to approve the Special Use Permit.
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Chairman Greer asked Ms. Skipper if she concurred ,with' the
preliminary findings as presented.
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Ms. Skipper agreed with the staff findings.
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Chairman Greer closed the Public Hearing.
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Motion: Commissioner Sisson MOVED, SECONDED by Vice-Chairman
Mathews to grant a Special Use Permit to expand an in~home' child
day care center to keep up to eight children at 654 Windemere Road
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MINUTES OF REGULAR MEETING, MARCH 9; '1995
PAGE 573
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based upon the evidence presented concluding that the proposed use
will not materially endanger the public health or safety if located
where proposed and developed according to the plan as submitted and
approved; the proposed meets all required conditions and
specifications of the Zoning Ordinance; the proposed use will not
substantially injure the value of adjoining or abutting property or
that the use a public necessity; and the location and character of
the proposed ,use if developed according to the plan as submitted
and approved will be in harmony with the area in which it is ~o be
located and in general conformity with the plan of development for
New Hanover County. Upon vote, the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Caster
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book II, Page 10.
PUBLIC HEARING TO CONSIDER A REQUEST BY DOTTIE MAYES TO REZONE 3.26
ACRES ON THE EAS~ SIDE OF CAROLINA BEACH ROAD, 700 FEET SOUTH OF
RADNOR ROAD TO B-1 BUSINESS AND R-15 RESIDENTIAL FROM B-2 BUSINESS
(Z-529,2/95)
Chairman Greer opened the Public Hearing.
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Planning Director, Dexter Hayes, reported that despite
opposition from the owner of the frontage portion of the property,
the Planning Board voted to recommend approval of the petition.
The Planning Board noted that the change would permit the owners of
the rear parcel to pursue plans to develop the property
residentially, which could not be done under commercial zoning, and
would preserve a reasonable range of commercial opportunities for
the frontage tract.
The legal representative for the owner of the frontage parcel
pointed out that his client's property had been used for commercial
uses for more than 20 years. He said the site was rezoned to B-2
Business in 1989 so the owner could pursue the development of a
boat repair business, a use that would not be permitted under B-1
zoning. He also noted that the other uses now permitted under
current zoning would be lost if the site was zoned to B-1.
Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following remarks were received.
Ms. Dottie Mayes , the petitioner, commented on surrounding
properties being zoned R-15 Residential and reported the proposed
rezoning. from B-2 Business to B-1 Business and R-15 Residential
will allow the property owner to remain in business, but not as an
adult book store. The reduced business zoning will also protect
the surrounding residentiCil area. The Commissioners were requested
to approve the rezoning request as submitted.
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Chairman Greer inquired as to the amount of time the property
has been owned?
'Ms. Mayes reported when the land was purchased by her brother-
in-law in 1990, there was a video store in the building, but he did
not know the business was actually an adult book store.
commissioner Sisson reported when the property was originally
rezoned it was a mistake. The property owner requested the
rezoning for location of a boat repair facility in November, 1989.
The property should not have been changed from residential .use to
commercial use. .
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MINUTES OF REGULAR MEETING, MARCH 9~ 1995
PAGE 574
Attorney Billie H. Mason, representing the property owners Mr.
& Mrs. Floyd Henry, who own the front part of the property, stated
the back portion of the property is now owned by Mr. and Mrs.
Stahl. He reported when Mr. & Mrs. Henry purchased the property in
1987, the property was already zoned B-1 Business and had been
zoned for commercial use since 1970. In November, 1989, Mr. Henry
petitioned to rezone the lot from B-1 to B-2 Business in order to
open a boat dealership. He had expended $10,000 for fill dirt ~nd
clearing of the property; howev~r, during the process, the person
with whom he was doing business with in Fayetteville, N. C.
experi~nced financial difficulties and he was not able to obtain
the boat dealership. The plans were dropped for that particular
use and the building was leased to a tenant for use as a video
store. since that time the tenant has used the building as an adult
book store and the County is currently pursuing a lawsuit to force
closure of the business because the use vi9lates a County
Ordinance. It is felt the tenant will be moving out shortly, and
Mr. Henry will be in the process of soliciting a new tenant. with
a B-1 zoning classification, businesses such as electrical repair
shops,' equipment rental leasing,.and wholesale business will not be
able to locate in the building.
commissioner sisson reported the ability of Mr. Henry to use
the property as currently zoned is contingent upon the Stahl's
property being kept in the B-2 designation in order to meet the
acreage requirement.
Attorney Mason reported when Mr. & Mrs. Stahl purchased the
property, the property was already zoned B-2. The prior owner of
the Stahl property joined in with Mr. Henry when rezoning the
property to meet the acreage requirement.
Ms. Mayes commented on the proximity of the property to the
Intracoastal Waterway and reported the property should have never
been rezoned to B-2 Business because of stormwater run-off and the
surrounding residential neighborhoods. Also, without water and
sewer to the site, the property is not suitable f9r commercial use.
She requested the Commissioners to rezone the property and correct
the original B-2 Business rezoning mistak~.
Chairman Greer closed the Public Hearing.
Motion: Vice~Chairman Mathews MOVED, SECONDED by Commissioner
sisson to approve rezoning 3.26 acres on the east side of Carolina
Beach Road, 700 feet south of Radnor Road from R-15 Residential to
B-1 Business as recommended by the Planning Board.
The floor was opened for discussion.
Chairman Greer expressed concern for one of the property
owners being able to petition to rezone the property.
commissioner Barone strongly objected to taking away the
rights of the property owner.
Upon vote, the MOTION CARRIED AS FOLLOWS:
voting Aye: Commissioner Sisson
Vice-Chairman Mathews
voting Nay: Commissioner Barone
Chairman Greer
Absent: Commissioner Caster
Motion: After discussion of one Commissioner not being present,
commissioner Sisson MOVED, SECONDED by vice-Chairman 'Mathews to
continue the Public Hearing until the April 3, 1995.. Upon vote,
the MOTION CARRIED AS FOLLOWS:
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MINUTES OF REGULAR MEETING, MARCH ~, 1995
PAGE 575
voting Aye: Commissioner Barone
Commissioner sisson
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Caster
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BREAK
Chairman Greer called a break from 9:15 P.M. until 9:30
P.M.
PUBLIC HEARING TO CONSIDER A REQUEST BY BOB GLENN TO REZONE 6 ACRES
AT 6518 GORDON ROAD TO R-10 RESIDENTIAL FROM R-15 RESIDENTIAL (Z-
530,2/95)
Chairman Greer opened the Public Hearing.
Planning Director, Dexter Hayes, reported the Planning Board
recommended approval of the applicant's petition. They noted the
change would be consistent with similar zoning adjacent to the
site, and that the increase in permitted density would have little
impact on the area, particularly since the site was only 6 acres in
size. The lone dissenter felt no increases in density, no matter
how slight, should be allowed in the area until Gordon Road had
been upgraded.
Several property owners from Weatherwood, an adjoining
SUbdivision, appeared not to speak necessarily in opposition, but
to inquire about specific plans for the project. They were very
interested in setback and buffering requirements, drainage, and
traffic circulation. The Planning Board recommended changing the
zoning classification.
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Chairman Greer inquired as to whether anyone from the general
public would like to comment.
The following remarks were received:
Mr. Earl worsl~y, a partner with Bob Glenn, the petitioner,
presented an overV1ew of the plan for the project. After
discussion of issues with Weatherwood residents, an agreement had
been reached to leave as many trees as possible and an appropriate
buffer area. The Commissioners were requested to approve the
request for a higher density of five lots.
Mr. Tom Rotunda, a resident of Weatherwood, reported on the
purchase of his home in 1989 with many improvements since that
date, and he requested the Commissioners to require a privacy fence
as a barrier to his home and the residents of Weatherwood. Also,
he informed the Board that a neighbor, who could not attend the
meeting, was quite concerned about increased traffic on an already
overly congested road and felt the requested density should not be
approved until Gordon Road had been upgraded.
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Chairman Greer explained that no conditions can be placed on
a rezoning request; however, he felt the developer would be willing
to work with Mr. Rotunda in the provision of a privacy fence.
Also, under N. C. General Statutes, counties cannot be in involved
with roads. The N. C. Department of Transportation is the agency
responsible for maintaining and upgrading roads as well as
controlling traffic circulation.
Planning Director Hayes reported the N. 'C. Department of
Transportation will approve driveway permits, which could require
turning lanes.
Chair~an Greer closed the Public Hearing.
Motion: Commissioner Barone MOVED,
Mathews to approve rezoning six acres
Gordon Road from R-15 Residential to
SECONDED by Vice-Chairl\lan
~f property located at 6518
R-10 as recommended by the
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MINUTES OF REGULAR MEETING, MARCH 9, 1995
PAGE 576
Planning Board. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barone
Commissioner Sisson
Vice-Chairman Mathews
Chairman Greer
Absent: Commissioner Caster
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 1, 1972," is hereby incorporated as a part of
the minutes and is contained in Zoning Book II, section 8B, Page
46.
Consensus: After discussion of existing traffic on Gordon Road, it
was the consensus of the Board to authorize the Chairman to write
a letter to the local N. C.-Depa~tment of Transportation office to
request a review of traffic circulation with the possibility of
upgrading Gordon Road because of the new housing projects, the
construction of a new elementary school, and the development of the
Ogden Park, which wil,l only increase traffic on this busy
thoroughfare.
ADJOURNMENT
Chairman Greer adjourned the meeting at 9:50 P.M.
Respectfully submitted,
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Clerk to the Board
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