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HomeMy WebLinkAbout1995-03-09 Regular Meeting e e e ..... 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 ... i , 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: o 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. o 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: o 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 , r' - '" '''''''~" "" Y".,'(,". , , I; !\~l:;'4;~';'\""; :;::;~i\l':~.*J?"''::-:~4;,~1tJ.Ac~'' . " , . "~::'~', t ''':1 " ~};A;~~,\t ,~. > """Il t~.:' . ~I~~ .t, 1;1. rr.~'~~;S;f' . :f;i~,;"/~ ~~ 'f. MINUTES OF REGULAR MEETING, MARCH 9, 1995 PAGE 563 Humanity for construction of owner-occupied, residences. single-family e 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. ~ 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: e 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 e '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 ::. \~",i 1;; '\ , ~ " 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 o 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. o 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: o voting Aye: Commissioner Barone Commissioner Sisson Vice-Chairman Mathews Chairman Greer e e e '".:" "Il '.r '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. ." ~ 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. o 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. o 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. o 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 ""'11II ")' d ; -~r.:;r~'. MINUTES OF REGULAR MEETING, MARCH ~, '1995 PAGE 567 e 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. e 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. . e 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? ..... MINUTES OF REGULAR MEETING, MARCH 9, 1995 PAGE 568 , 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. o 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. , *! 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. o 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. fl.. The following preliminary Staff findings were presented: o 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.. . . - A. The site has access to adequate water and se\ier services. B. The site is located within the Seagate VFD Dist~ict. .' , 'C. , .."'t The site has direct access to Eastwood Road." ,- The" plan also calls for the installation of road tapers"to-improve access to the site. ~' ~ , .~. 't!.;::t.~i'r!~' ".'< ("";,,-;;, MINUTES OF REGULAR MEETING, MARCH 9, 1995 PAGE 569 2. The and A. B. e C. 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. e 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. e 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. ... 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. o 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. o 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 o 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 -'''<:If''''';''' >:' ~.'-r\.""'" ""Il ,. ':t, 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. e 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: e 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 e 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. ~ 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. o 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 o " , 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. o Chairman Greer asked Ms. Skipper if she concurred ,with' the preliminary findings as presented. , .t' Ms. Skipper agreed with the staff findings. - , . ' Chairman Greer closed the Public Hearing. , , \' )., 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 ....~~ or. 'i'" ,,~ ""'Ill ;~i~j':f \...!." ..~ :~. ,,', MINUTES OF REGULAR MEETING, MARCH 9; '1995 PAGE 573 e 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. e 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. e 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. . ,. , ~ / / 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: o o o .",,'..,...." . . ""III .:. l' .':., Jt:t:Vi;':< , . .' ,~~\t MINUTES OF REGULAR MEETING, MARCH ~, 1995 PAGE 575 voting Aye: Commissioner Barone Commissioner sisson Vice-Chairman Mathews Chairman Greer Absent: Commissioner Caster e 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. e 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. e 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 j / 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, ~K3::~ Clerk to the Board o o o