Loading...
1996-07-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 469 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, July 1, 1996, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: Commissioners Sandra Barone; William A. Caster; William E. Sisson, Jr.; Vice-Chairman E. L. Mathews, Jr.; Chairman Robert G. Greer; County Manager, Allen O'Neal; County Attorney, Wanda M. Copley; and Clerk to the Board, Lucie F. Harrell. Chairman Greer called the meeting to order and welcomed everyone present. INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG Reverend Mike Meshaw, Pastor of Grace Baptist Church, gave the invocation. Commissioner Sisson led the audience in the Pledge of Allegiance to the Flag. NON-AGENDA ITEMS Chairman Greer announced that three minutes had been reserved to allow anyone from the public to introduce an item not listed on the Regular Agenda or comment on an item listed on the Consent Agenda. He requested all persons speaking to limit their remarks to three minutes. The following announcement was presented: Reverend Mike Meshaw invited the Board of County Commissioners to attend a celebration at Grace Baptist Church on August 4, 1996, at 10:00 A.M. to honor Dr. J. D. Herchenhahn for 25 years of ministry in the community. Chairman Greer, on behalf of the Board, expressed appreciation to Reverend Meshaw for the invitation. APPROVAL OF CONSENT AGENDA Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes The Commissioners approved the following sets of minutes as presented by the Clerk to the Board: Budget Work Session - June 13, 1996 Regular Meeting - June 17, 1996 PRESENTATION OF "PLEDGE OF ALLEGIANCE PROJECT" SPONSORED BY THE AMERICAN LEGION POST NO. 10 Mr. Justin Raphael reported the primary purpose of the American Legion is to inspire patriotism and good citizenship. In an effort to instill respect for the flag and patriotism in the school students, the America Legion Post No. 10 of Wilmington has undertaken a project to place a framed copy of the Pledge of Allegiance in every classroom in New Hanover County. He advised that the Board of Education was supportive of the project. Mr. Raphael presented a framed copy of the Pledge of Allegiance to the Board of County Commissioners for display in a public place. Chairman Greer, on behalf of the Board, expressed appreciation to Mr. Raphael and the members of the American Legion Post No. 10 for undertaking this worthwhile project. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 470 DISCUSSION OF LAND ACQUISITION FOR A NORTHERN BRANCH LIBRARY Library Director, David Paynter, reported with the rapid growth in the northern end of the County, the Library Advisory Board has recommended purchasing land in this area for future construction of a branch library. After investigating 24 sites, Lot 22 in the NorthChase Industrial Park, located on Highway 132 North, has been determined the most appropriate site. The lot is highly visible from Highway 132 North, has water and sewer availability, and is close to both commercial and residential areas. The cost of the lot is $192,750 and the Library Advisory Board feels this is reasonable price. He requested the Board to consider purchasing the lot and stated he would be glad to answer any questions. Vice-Chairman Mathews commented on the facility being similar to the Myrtle Grove Branch Library and asked if enough land was available to provide adequate parking spaces? Library Director Paynter responded the site was approximately three acres which would provide enough land for adequate parking and the building. Chairman Greer asked if public branch libraries were ever incorporated with school libraries? Library Director Paynter replied that Wake County has one combined library facility; however, due to many differences in collection and service patterns, he would not recommend this type of system. County Manager O'Neal advised that a branch library was located on a school site in Cumberland County with both libraries operating as two separate facilities. He stated this arrangement had worked well in Cumberland County. Chairman Greer expressed concern for not selecting a site in the Castle Hayne/Wrightsboro area and requested an explanation. Library Director Paynter advised that locating a library too near the Pender County line would provide the service area to residents of Pender County. Also, traffic patterns from Castle Hayne and Wrightsboro indicate that a majority of the residents use Highway 132 to shop in the Murrayville area. With future growth in the northern end of the County, the Library Advisory Board felt this site would be more ideally located to serve all the residents living in this area of New Hanover County. Commissioner Caster requested an explanation as to why the Plaza East Branch Library should be relocated to the Military Cut- Off Road site. Library Director Paynter explained that currently more space and parking accommodations are needed at the Plaza East Branch Library because of heavy use. The Library Advisory Board feels that since this space is leased, it would be preferable to construct a branch library on the Military Cut-Off Road site to provide more space and better serve the Ogden and Wrightsville Beach communities. Currently, the Plaza East Branch Library is mainly used by residents of Wrightsville Beach. Chairman Greer expressed concern for the costs involved with constructing and operating branch libraries and inquired as to whether the current trend was to invest in one central public library or place branches throughout the community? Library Director Paynter responded that most counties and cities locate branch libraries throughout their communities in order to better accommodate the citizens. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 471 Vice-Chairman Mathews inquired as to how long the Library Advisory Board had been looking for a site in the northern end of the County? Library Director Paynter replied since January 1996, and he reported after visiting numerous sites, this was the best location for the money. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to move forward with negotiations to purchase Lot 22 in the NorthChase Industrial Park at a cost of $192,750 and authorize Staff to secure installment financing on the purchase. Chairman Greer asked if the County was prepared to finance the construction and operation of two more branch libraries that will only escalate in costs? County Manager O'Neal explained that installment financing would be used for the capital projects; however, operational costs would be an on-going expense. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barone Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Voting Nay: Chairman Greer ADOPTION OF PROCLAMATION TO DESIGNATE "HURRICANE AWARENESS WEEK" IN NEW HANOVER COUNTY Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to adopt a proclamation to designate July 14-20, 1996, as "Hurricane Awareness Week" in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the proclamation is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 21. Chairman Greer recommended scheduling a meeting to hear a presentation on hurricane preparedness so public officials can be briefed on emergency procedures and be ready to respond. County Manager O'Neal agreed and recommended inviting the public officials as well as any other agencies involved in the hurricane preparedness plan. Consensus: It was the consensus of the Board to schedule a Hurricane Officials Briefing on July 18, 1996, at 6:30 P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina, and invite all public officials, including candidates running for seats on the Board of County Commissioners. VICE-CHAIRMAN E. L. MATHEWS, JR. DESIGNATED AS THE VOTING DELEGATE FOR THE 1996 ANNUAL CONFERENCE OF THE NORTH CAROLINA ASSOCIATION OF COUNTY COMMISSIONERS AND COMMISSIONER SANDRA BARONE DESIGNATED AS THE ALTERNATE VOTING DELEGATE Chairman Greer advised that the Board must designate a Voting Delegate for the 1996 Annual Conference of the North Carolina Association of County Commissioners to be held August 22-25, 1996, in Forsyth County. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to designate Vice-Chairman Mathews as the Voting Delegate for the 1996 Annual Conference of the North Carolina Association of County Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 472 Motion: Commissioner Caster MOVED, SECONDED by Commissioner Sisson to designate Commissioner Barone as the alternate voting delegate. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSIDERATION OF LAND ACQUISITION FOR CONSTRUCTION OF A MIDDLE/HIGH SCHOOL COMPLEX Mr. Bill Hance, Assistant Superintendent of Schools, advised that Site 4 (the Landmark Site) had been analyzed and evaluated under the same guidelines as the other three sites. He reported since the last meeting, the following sites were being considered: Site 1 - Efird Property, known as the Fair Ground on Carolina Beach Road: Advantageously located with excellent road frontage, access to utilities, shape and depth. The price per acre is $45,000. Site 4 - Landmark Property located on the Carolina Beach Road one mile north of Myrtle Grove Road: Advantageously located, with excellent shape and depth, but limited by a lack of road frontage. A road would have to be constructed running the length of the site. Water and sewer are available to the site. The price per acre is $26,000. Mr. Hance reported the Board of Education has requested authorization to utilize $10,000 for a site development and infrastructure cost analysis to compare the Landmark site with the Efird site so development cost figures can be presented. The analysis will not include environmental assessments or wetlands studies at this point, only an infrastructure analysis of the roads, sewer, and water. The study will be completed by July 31, 1996. A lengthy discussion was held on why the analysis was needed. Mr. Hance explained that a comparison on the two sites was needed to determine the road structure and the cost involved with placement of a water tower on the Landmark site. Emphasis was placed on knowing the exact cost of infrastructure needs when making a financial investment of this size. Commissioner Caster expressed concern for not being informed ahead of time about the need for the analysis of both sites and stated he felt the Board should make a decision on which site to purchase. Mr. Hance apologized for misleading the County Manager and Board of County Commissioners. He respectfully requested the Board to consider performing an analysis of each site before moving forward with a purchase. Commissioner Barone reported the Landmark site is ideally located and provides for future expansion; whereas, the Efird site would place too many schools in the same area, which would create a traffic hazard on Carolina Beach Road with school buses accessing three schools. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to authorize Staff to proceed with purchasing the Landmark site up to 126 acres as recommended by the Board of Education contingent upon a satisfactory soils, wetlands and environmental study, and authorize Staff to move forward with securing a financial arrangement that will be presented to the Board for final approval. Upon vote, the MOTION CARRIED UNANIMOUSLY. BREAK Chairman Greer called a break from 7:20 P.M. until 7:49 P.M. CONTINUED PUBLIC HEARING TO CONSIDER CLOSING WATERCREST STREET IN BRANDYWINE SUBDIVISION Chairman Greer opened the Public Hearing and requested any persons making comments to limit their remarks to three minutes. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 473 Planning Director, Dexter Hayes, reported this was a continued item and advised that proper legal notification had not been given to some of the adjacent property owners at the first Public Hearing. Since that time proper notification has been forwarded to all adjoining property owners. He stated the County Engineering Department had petitioned to close Watercrest Street in Brandywine Subdivision with a request for a 20 foot portion of the 60 foot right-of-way to be reserved and maintained by the County for future utility purposes. The balance of the right-of-way will revert to the adjoining landowners. The County needs an easement across the front of the property identified as "F" on the attached map. The property owner has agreed to grant the easement if Watercrest Street is closed. Watercrest Street is a dedicated street, however, it has never been built. The property is very wet and is not suitable for building. Also, the County has an agreement with the developer, Hall Payner, for the construction of a connector road to Timber Creek Subdivision, which is located on the other side of the Providence Subdivision. Chairman Greer asked why the road should be closed since the County has a utility easement within the platted right-of-way? County Engineer, Wyatt Blanchard, explained that when Ms. Leonard granted the utility easement to the County, she requested that the road be closed. Ms. Leonard stated this was a 100-foot strip which has been closed off by the Providence Subdivision with placement of a dirt bank, installation of a 10-foot fence, and location of a permanent paved turn-around at a dead-end street. The strip is a wooded area and serves as a buffer zone between her property and the development of an adjacent site. Mr. Curtis Wright, representing the Providence Homeowners Association, reported he agreed with Ms. Leonard and stated if the land could be granted with the stipulation that no trees could be cut down, he would have no problem with the road closing. He stated if the easement is given up without any restrictions, trees will be cut down in the future. Ms. Leonard agreed with Mr. Wright and reported she wanted the strip to remain in its natural state. County Attorney Copley advised that New Hanover County could establish a "conservation easement" and she requested the Planning Director to comment on this type of easement. Planning Director Hayes reported the road could be closed with retention of a conservation easement subject to no removal of trees without consent of the Board. Once the road is closed, the property will revert back to the adjacent property owners with this restriction placed on the easement. Mr. Luther Leonard, the son of Ms. Leonard, asked what would keep the County from using the property and removing the trees? Commissioner Sisson responded that a conservation easement would provide a 20-foot easement for the sewer line and avoid the removal of the trees from the easement. Also, when land becomes classified as a conservation area, it is difficult to change any restrictions under this classification. Chairman Greer stated since the sewer easement is already in place, why should the road be closed? Assistant County Manager, Dave Weaver, reported enforcement of a conservation easement would be easier than trying to keep a property owner from removing the trees on a public right-of-way. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 474 Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Sisson to close the road and establish a conservation easement over the entire roadway subject to a 20-foot utility easement. After discussion of the need to know more details about a conservation easement, Chairman Greer recommended postponing this item until the County Attorney can prepare a resolution for establishment of a conservation easement to be considered by the Board on July 22, 1996. Commissioner Barone WITHDREW THE MOTION. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to direct the County Attorney to prepare a resolution to establish a conservation easement to be considered by the Board on July 22, 1996, with Staff forwarding a letter to the property owners informing them about the conditions of the conservation easement. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER A REQUEST BY BARBARA YOPP TO REZONE .27 OF AN ACRE LOCATED ON THE WEST SIDE OF CAROLINA BEACH ROAD, 400 FEET NORTH OF MOTTS BRANCH, TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-568, 6/96) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, advised that the applicant was seeking to expand the B-2 District to include the eastern most area of a tract that is already zoned B-2 to a depth of 300 feet. This tract is part of an existing B-2 District, but is located north of the more defined Monkey Junction commercial node. Adjacent land to the north is developed with a mobile home park, and two houses are located south of the property. Planning Director Hayes reported the Planning Board voted to approve the petition as submitted. In support of this position, the Planning Board agreed that impacts would be minimal; the rezoning would be consistent with a similar rezoning for property located south of the site; and subsequent development of any part of the existing commercial district would make it unlikely that the property would be developed under its current residential designation. Chairman Greer inquired as to whether anyone present would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to rezone .27 of an acre located on the west side of Carolina Beach Road, 400 feet north of the Motts Creek Branch, from R-15 Residential to B-2 Business as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 4 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED APRIL 7, 1971," is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 48. PUBLIC HEARING TO CONSIDER A REQUEST BY JERE LEGWIN TO REZONE 2.2 ACRES ON THE WEST SIDE OF MARKET STREET SOUTH OF MENDENHALL DRIVE TO CONDITIONAL USE B-2 BUSINESS FOR A RETAIL NURSERY FROM R-15 RESIDENTIAL (Z-569, 6/96) Chairman Greer opened the Public Hearing and announced that a conditional use zoning requires issuance of a Special Use Permit; NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 475 therefore, during the quasi-judicial hearing, any persons wishing to comment must be sworn in by the Clerk to the Board. The following persons were sworn in: Dexter Hayes, New Hanover County Planning Director Jere LeGwin, the petitioner Planning Director, Dexter Hayes, reported the Planning Board voted five to one to approve the applicant's petition to rezone the 2.2 acres of land from R-15 Residential to Conditional Use B-2 Zoning for a Retail Nursery subject to the following conditions: (1)Require the access to Mendenhall Drive to be divided into an exit only and entrance only with a six-foot high wooden fence separating the two drives. The fence will be parallel to the street. (2)Require the installment of a six-foot high fence along the southern side of Mendenhall Drive between the western most property line and the entrance. (3)An entrance and exit must be provided at the exiting curb-cut along Market Street. (4)The parking area just south of Mendenhall Drive must be relocated south of the proposed office building. (5)Traffic entering from the Market Street entrance must be routed around the area of the office to exit at Mendenhall Drive. (6)Night lighting permitted only if directional or low impact lighting is used. (7)Compliance with all other applicable zoning regulations. Planning Director Hayes reported several property owners from the Mendenhall Subdivision spoke concerning the application. While the property owners were not necessarily opposed to the development, there were concerns for traffic impacts, access to Mendenhall Drive, and the other uses that could be placed on the site if the nursery operation should close. Planning Director Hayes advised that since no opposition was present at the Public Hearing, the adjoining property owners must have been satisfied with the conditions presented by the Planning Board. Chairman Greer asked if the petitioner would like to comment. Mr. Jere LeGwin, the petitioner, stated he was interested in placing an attractive nursery on the site to provide this type of service to the area. He requested the Board to approve the Conditional Use B-2 zoning. Commissioner Sisson asked Mr. LeGwin if he agreed with the conditions recommended by the Planning Board. Mr. LeGwin agreed with the conditions recommended by the Planning Board. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to rezone the 2.2 acres of land located on the west side of Market Street, south of Mendenhall Drive, from R-15 Residential to Conditional Use B-2. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 476 A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 5 OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 6, 1991," is hereby incorporated as a part of the minutes and is contained in Zoning Book I, Section 5, Page 31. Planning Director Hayes presented the following preliminary Staff findings: General Requirement #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 based upon the following findings: (a)The site has access to Mendenhall Drive and US Highway 17 (Market Street). (b)A septic tank and individual well will provide water and sewer services. (c)The site is located in the Ogden Volunteer Fire Department District. General Requirement #2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance based upon the following findings: (a)A site plan pursuant to Section 59.7-3(2) has been submitted. (b)The proposed use complies with zoning requirements for commercial districts and the Special Highway Overlay District standards. (c)The site is currently zoned R-15. Conditional Use Districts are encouraged to provide transition zones between competing land uses. General Requirement #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 based upon the following findings: (a)There is a wide variety of land uses in the general area. Property to the south is occupied by a church. Land to the north is used as a pet cemetery. Land on the east side of Market Street is zoned B-2 Business. Several of those parcels are developed with specialty gift shops. Land to the west consists of platted lots associated with the Mendenhall Subdivision. General Requirement #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 based upon the following findings: (a)The area of the County is classified Rural in the 1993 Land Use Plan. Low density development is encouraged, as are other land uses not requiring major urban services. (b)As noted, there is a wide variety of land uses along the frontage of US Highway 17, including retail, institution, services, industrial and other uses. (c)Two nursery operations currently operate in the area, each less than one mile from the subject property. Planning Director Hayes reported the Planning Staff has the following concerns: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 477 (1)Could the property be subdivided for residential use with lots fronting on Mendenhall Drive. (2)Access along Mendenhall Drive should be limited to avoid introducing non-residential traffic along a local residential street. (3)Existing vegetation should be left undisturbed adjacent to lots B and C, and along the south side of Mendenhall Drive opposite lot D. (4)Any lighting should be directional so it will not impact residential uses to the west. (5)Limits on operating hours might be appropriate. (6)The storage of equipment and supplies should not be visible from the street. Chairman Greer asked if the petitioner would like to comment. Mr. Jere LeGwin, the petitioner, requested approval of the Special Use Permit for operation of a retail nursery on the site. Chairman Greer asked Mr. LeGwin if he concurred with the Staff findings as presented by the Planning Director. Mr. LeGwin stated he agreed with the findings as presented. There being no other comments, Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Vice-Chairman Mathews to grant a Special Use Permit for a retail nursery to be located on the west side of Market Street, south of Mendenhall Drive, to Mr. Jere LeGwin contingent upon compliance to the conditions recommended by the Planning Board based upon the evidence presented concluding 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; the use meets all required conditions and specifications of the Zoning ordinance; the 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 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. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is hereby incorporated as a part of the minutes and is contained in SUP Book II, Page 17. WITHDRAWAL OF PUBLIC HEARING TO CONSIDER A REQUEST BY JEROLD LEWIS TO REZONE 1.11 ACRES AT THE NORTHWEST CORNER OF SANDERS ROAD AND CAROLINA BEACH ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-570, 6/96) Planning Director Hayes advised that the petitioner was not present to appeal the denial by the Planning Board; therefore, this rezoning request would be withdrawn from the agenda, and according to the New Hanover County Zoning Ordinance, the petitioner could not resubmit the request within the next twelve months. PUBLIC HEARING TO CONSIDER CHANGING THE APPROVAL PROCESS FOR HIGH DENSITY DEVELOPMENT THROUGH THE SPECIAL USE PERMIT APPLICATION Planning Director, Dexter Hayes, reported the Technical Review Committee (TRC) had met and is concerned about the County's ability to adequately address the many impacts that come from high density development. Currently, high density development must have adequate water and sewer facilities and plans for delivery of these services. The TRC is concerned about increasing traffic problems NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 478 and the ability of roads to handle all of the residential projects approved by the TRC. There are approximately 5,800 units that have already received preliminary approval, and these developments are in various stages of construction. Another major issue is drainage requirements. Under the 10-year storm plan, only minimum requirements are being used since the County has not adopted drainage design standards for subdivisions. In summary, the TRC is requesting the Board of County Commissioners to amend Section 69.4, High Density Development, Subsection (9), and Section 50-2, Table of Permitted Uses of the New Hanover County Zoning Ordinance to require Special Use Permit requirements for high density developments. Planning Director Hayes listed the following advantages and disadvantages of the proposal submitted by the TRC: Advantages: (1)The special use process would enable the Board of County Commissioners to consider issues that have been historically absent from the current review procedure. For example, the Board could consider such things as impacts on the public health and safety, especially transportation, compatibility with adjoining land uses and its effect on property values. (2)The proposal would allow for public input, which is not required under TRC approval. Disadvantages: (1)The special use process will increase the number of Public Hearings. The Board already requires a number of uses to obtain a Special Use Permit, such as day care facilities, mobile homes, cellular communications towers, outdoor recreational uses, and convenience food stores. (2)The special use process will increase the workload for staff. The unprecedented growth taking place in the County is already stretching staffing capabilities. Chairman Greer inquired as to whether anyone present would like to comment. The following remarks were received: Attorney Alton Y. Lennon, representing South College Associates, the owners of the 225 acres lying between South College Road and Carolina Beach Road, reported on the north end of the property, Pine Hollow has been developed and approved. To the southern extremity of the property, The Lakes of Johnson Farms project has been approved with four (4) units per acre for development which is now under construction. Extending further northward, 85 lots are under contract to be sold and that project has not been named. If the proposed ordinance is approved, a special use permit process will have to be completed before the 85 lots can be sold. The property owners understand the need to control development; however, the owners have already invested over $200,000 to extend the sewer line to allow high density development in the area shown. If the property owners had known that the Zoning Ordinance would be amended through the special use review process, money would not have been spent for extending the sewer line. In closing, Attorney Lennon advised that a tremendous amount of money has been expended by the property owners for development of these projects including a $24,000 application to HUD for The Lake View Apartment complex. The Board was requested to consider exempting the property from the guidelines as outlined in the proposed amendment to the Zoning Ordinance, or allow two months for NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 479 the property owners to submit final plans to obtain the necessary approvals for completing the projects. Chairman Greer expressed appreciation to Attorney Lennon for bringing this matter to the attention of the Board. He stated, in his opinion, amending the Zoning Ordinance through the special use process would not make a difference in the review process. He asked the County Attorney if the property could be excluded from the new review process? County Attorney Copley reported the Board could not exempt the property, but could adopt the ordinance with a future effective date. Commissioner Sisson expressed concern for establishing a future date, which will create a flood of requests for high density development before the ordinance goes into effect. He recommended moving forward with the proposed change and allowing South College Associates to apply for a Special Use Permit for each high density project. Planning Director Hayes advised that the Lakes of Johnson Farms Subdivision was presented to the TRC in pieces in lieu of submitting a plan for development of the entire parcel. Chairman Greer inquired as to what would happen if the project was delayed until October 1, 1996? Planning Director Hayes responded that numerous high density projects would be presented to the TRC between now and October 1, 1996. Commissioner Barone advised that the current approval procedure by the Technical Review Committee is working and should not be changed. She, also, expressed concern for the length of meetings if each high density project has to be heard by the Board of County Commissioners through the special use process. Motion: Commissioner Barone MOVED to allow the review process by the Technical Review Committee to remain unchanged and deny the proposed amendment to the Zoning Ordinance. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. Chairman Greer asked if anyone from the public would like to comment. The following remarks were received. Mr. Jack Kilbourne, a commercial realtor with Maus, Warwick, Matthews & Company, reported after working with the City of Wilmington and New Hanover County in meeting the various requirements for placing an apartment complex in the community, he feels the current approval procedure for high density development is sufficient. Currently, New Hanover County has no designated multi-family zoning for construction of apartments. There is a high demand for apartments in the County and with additional requirements, it will not be feasible for developers to provide additional apartment complexes to the area. He requested the Board to allow the current procedure through the Technical Review Committee to remain unchanged. Mr. Bill Grathwol, a local builder, reported if the proposed change is adopted there will be no high density projects in the County and developers will not be able to obtain financing for moderate-to-low income housing. In New Hanover County, there are many people with service jobs who will not have an opportunity to purchase a home because they do not earn enough money to apply for a loan. He requested the Board to allow the approval process for high density development to remain unchanged. Mr. Nathan Sanders commented on the restrictions in place for high density development and reported currently the property must NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 480 be located on one of five streets, have water and sewer availability, and provide 35 feet of open space. The price of housing cannot be controlled by the builder because building materials continually increase. By allowing high density development to occur through the current TRC review, housing can be constructed for a lesser price and allow moderate income persons to purchase a home. He reported several years ago, New Hanover County required mobile home parks to be approved through the special use process for better control of these areas. He stated since that date, not one single mobile home park has been located in New Hanover County. He requested the Board to consider affordable housing when considering the proposed amendment to the Zoning Ordinance. Commissioner Barone stated, in her opinion, the proposed amendment was a moratorium on high density development, and she agreed with the analogy presented by Mr. Sanders regarding mobile home parks. She emphasized the importance of providing affordable housing to residents living in New Hanover County. Planning Director Hayes reported the cost of land in New Hanover County has discouraged additional mobile home parks because land can be purchased much cheaper in Brunswick County or Pender County. Chairman Greer stated he was not in favor of a moratorium, nor was he opposed to development, but he was opposed to New Hanover County growing into an undesirable place; therefore, he feels as a County Commissioner, that he must take action to better control growth. Mr. Kilbourne expressed concern for the public opposition outweighing the objectivity of the Board of County Commissioners when reviewing high density projects. He stated currently there are only a few areas that accommodate this type of development and if the proposed change is adopted, these sites will be reduced and affordable housing will not exist. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Caster to adopt the ordinance amending Section 69.4 to require the Special Use Permit requirements for high density developments and amend Section 50-2, Table of Permitted Uses, changing the high density development to a special use permit to become effective September 1, 1996. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone A copy of the ordinance is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 21. BREAK Chairman Greer called a break from 9:15 P.M. until 9:28 P.M. PUBLIC HEARING TO CONSIDER NAMING A PRIVATE DRIVE IN SIMMONS HEIGHT APARTMENTS TO "SIMMONS HEIGHTS ROAD" (SN-76, 7/96) Chairman Greer opened the Public Hearing. Planning Director, Dexter Hayes, reported that R. Simmons had requested naming a private road in Simmons Height Apartments to "Simmons Heights" Road. The private road is located 700 feet south of the Old Avenue/Parmele Road intersection, on the west side of Old Avenue in Castle Hayne. This unnamed road is privately owned, unimproved, and serves as access to the residents of Simmons Heights. The proposed name is unduplicated and confirmed by the E- 911 Center. If the road name is adopted, new mailing addresses NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 481 will be assigned based on the County's comprehensive numbering system. An effective date of change is proposed for August 30, 1996. The Board was requested to approve the road name and assignment of house numbers. The signage costs will be paid by the petitioner. Chairman Greer inquired as to whether anyone from the public would like to comment. No remarks were received. Chairman Greer closed the Public Hearing. Motion: Commissioner Barone MOVED, SECONDED by Commissioner Caster to approve naming the private road to "Simmons Heights" Road and authorize Staff to assign house numbers with the signage costs paid by the petitioner. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADOPTION OF RESOLUTION TO ADD ROADS IN THE QUAIL WOODS SUBDIVISION TO THE STATE MAINTAINED SECONDARY ROAD SYSTEM Clerk to the Board, Lucie F. Harrell, requested the Board to adopt a resolution to add various roads in the Quail Woods Subdivision to the State Maintained Secondary Road System. She reported this item was removed from the Consent Agenda at the last meeting and stated after discussion with the local N. C. Department of Transportation, the roads do meet the County standards and should be submitted to the local office in order for the developer to move forward with the project. As to the Whitted Circle Road, it appears that a portion of this road does not comply to the County standards, and the Planning Staff will notify the N. C. Department of Transportation about this non-compliance. Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to adopt the resolution adding roads in the Quail Woods Subdivision to the State Maintained Secondary Road System. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as a part of the minutes and is contained in Exhibit Book XXIII, Page 21. MEETING CONVENED FROM REGULAR SESSION TO HOLD A MEETING OF THE NEW HANOVER COUNTY WATER AND SEWER DISTRICT Chairman Greer convened from Regular Session to hold a meeting of the New Hanover County Water and Sewer District from 9:38 P.M. until 9:44 P.M. ADDITIONAL ITEMS - COUNTY MANAGER Consideration of Planning Consultant for Preparation of a City/County Unified Development Ordinance Planning Director Hayes reported after receiving six proposals in response to the Request for Proposals to hire a consultant to prepare the City/County Unified Development Ordinance, Staff recommends approval of a contract with James Duncan & Associates/Eric Damien Kelly as the consultant for the preparation of the City/County Unified Development Ordinance. A budget of approximately $50,000 has already been approved by the Board. The majority of funding will be provided by a Coastal Management grant in the amount of $27,500, which is supplemented by a cash match of $10,000 from the City and County with an in-kind match of $3,750. The Board was requested to authorize Staff to proceed with formalizing a contract with James Duncan & Associates/Eric Damien Kelly subject to approval and signing of the contract by the County Manager. Discussion was held on the scope of services provided by the consultant. Planning Director Hayes reported the consultant will gather information from a broad base of citizens to prepare an initial draft so the City and County can apply for the CAMA funding. A Public Hearing will be scheduled to receive input from NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 482 the citizens and the initial draft will be revised accordingly. The revised draft will be presented to the Board of County Commissioners and Wilmington City Council for comments with changes made accordingly. Staff feels that a document can be prepared to combine the best portions of the current City and County Zoning Ordinances into one Unified Development Ordinance that will provide for managed growth in the City and County. Motion: Vice-Chairman Mathews MOVED, SECONDED by Commissioner Sisson to authorize Staff to proceed with formalizing a contract with James Duncan & Associates/Eric Damien Kelly for preparation of the City/County Unified Development Ordinance subject to approval and signing of the contract by the County Manager. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Caster Commissioner Sisson Vice-Chairman Mathews Chairman Greer Voting Nay: Commissioner Barone Appointment of Commissioner Barone to Serve on the Oversight Committee for the Cape Fear River Corridor Study Planning Director Hayes requested the Board to appoint a representative to serve on the Oversight Committee for the Cape Fear River Corridor Study. He reported the City of Wilmington, Brunswick County, New Hanover County and DARE are involved with the study which has been funded by a $60,000 CAMA grant and $30,000 grant from the N. C. Department of Transportation. The study will begin at the mouth of the Cape Fear River, 1,000 feet on either side, up to the New Hanover County/Brunswick County line. The study will be composed of the following components: (1) land use, such as maritime/commercial versus residential/recreational use; (2) transportation elements of the corridor; and (3) focus on the downtown riverfront. The first meeting of the Oversight Committee will be held in July to hear consultants submit proposals for performance of the study. An Advisory Committee will be appointed to include the users, such as a representative from the State Port, Sunny Point, industrial landowners, downtown area interests, and Carolina Power & Light Company. Commissioner Barone inquired as to the length of the study. Planning Director Hayes responded that the first draft should be completed by the end of the year. Commissioner Barone reported she would be glad to serve on the committee. Consensus: It was the consensus of the Board to appoint Commissioner Barone to serve on the Oversight Committee. Request from the Eastern Chamber of Commerce for New Hanover County to Become an Active Member of the Organization County Manager O'Neal reported the Eastern Chamber of Commerce has requested the County to join the organization at a membership fee of $200 per year. He reported the purpose of the organization was to continue efforts to build a strong export sector of the State economy by encouraging emphasis on global marketing; improve the ports; develop a global air cargo handling complex; increase the shipment of poultry and pork at the Wilmington and Morehead City ports; continue with strategic economic plans for multi-county regions, and promote tourism. Commissioner Sisson expressed concern for this organization supporting regional issues using the County's name when the Board is not in favor of the issue. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 483 Consensus: After discussion of this organization being more active in the Greenville, N. C. region, it was the consensus of the Board to direct the County Manager to notify the Eastern Chamber of Commerce that New Hanover County will not be joining the organization. Announcement of Reception for the New Fire Services Administrator County Manager O'Neal requested the Board to authorize him to plan a welcome reception for the new Fire Services Administrator, Phil Kouwe. After discussion, the County Manager was directed to select a date and time for the reception. Authorization to Use the Assembly Room for Filming County Manager O'Neal reported a request had been received to film in the Courthouse for three days in the month of July. He advised that in the past, the County had cooperated with the film industry and charged a reasonable fee. He requested direction from the Board. Chairman Greer stated he had no problem with filming in the Courthouse because the fees charged could be used to renovate the Assembly Room. County Manager O'Neal advised that in most cases, the County broke even because the fees charged were very reasonable. A lengthy discussion was held on increasing the current fee. County Manager O'Neal reported a rate structure could be developed for use of the Courthouse and the Assembly Room. He requested the Board to approve use of the Courthouse in July for three days at the current fee and allow Staff to work on a new fee schedule. Consensus: After further discussion, the County Manager was authorized to allow the film company to use the Courthouse at the current fee and work with the Film Commission and Chamber of Commerce in establishing an appropriate fee for future filming in the Courthouse with a separate fee being charged for filming in the Assembly Room. Status Report on the Stucco Problem in New Hanover County County Manager O'Neal asked if the Board would like to hear a brief status report on the Stucco problem? Commissioner Sisson reported if the County was not being sued, he felt Staff was addressing the issue in an appropriate manner. County Attorney Copley advised that the County had not been sued; however, the Inspections Director has been subpoenaed to participate in depositions of persons who are suing the stucco manufacturers, which will involve a tremendous amount of time. County Manager to be on Vacation from July 22-28, 1996 County Manager O'Neal reported he would be on vacation the week of July 22-28, 1996, and would not be present at the next meeting. He informed the Board that Deputy County Manager, Andrew J. Atkinson, would in charge during his absence and would be attending the July 22, 1996, meeting. Commissioner Barone inquired as to when salary reviews would be performed for the County Manager, County Attorney, and Clerk to the Board. County Manager O'Neal reported that evaluations are planned for the second meeting in August. Letter of Intent for CDBG Grant Funding Deputy County Manager, Andrew J. Atkinson, reported the N. C. Department of Commerce has requested Letters of Intent from units NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 484 of local government interested in developing a model for providing jobs to persons emerging from welfare in the Work First Program. Successful demonstration projects will entail partnerships between local governments, private investors, non-profits and other governmental agencies. One million dollars has been set aside for these initiatives. In order for the County to be eligible to receive grant funding, the Board should submit a Letter of Intent. There will be no commitment on the part of the County until after the County is requested to submit a full application. He requested the Board to authorize the Chairman to sign a Letter of Intent to be submitted to the N. C. Department of Commerce by 5:00 P.M. on July 12, 1996. Motion: Commissioner Sisson MOVED to authorize the Chairman to submit a Letter of Intent. The MOTION FAILED DUE TO NOT RECEIVING A SECOND. No action was taken. Discussion of New Microphone Used by Chairman Greer Chairman Greer reported the new microphone was not satisfactory. He recommended using the regular microphones with longer necks and installing the cords into the desk in lieu of purchasing new microphones. After discussion, it was agreed to request Property Management to order longer necks for the microphones and install the cords into the desk. Discussion of New Telephone in Room 305 of the New Hanover County Courthouse Clerk to the Board, Lucie F. Harrell, requested direction from the Board as to the type of telephone to be purchased for Room 305 in the New Hanover County Courthouse. After discussion with MIS, the Board may wish to purchase a regular phone as well as a cordless phone with two separate lines. The additional cost for placing a jack in the room to accommodate two telephones and purchase two phones would be approximately $390 with a payment of $29 per month. After discussion, it was agreed to purchase another cordless phone with the phone being restricted to official use by the County Commissioners and County Staff. MEETING CONVENED FROM REGULAR SESSION TO CLOSED SESSION Motion: Commissioner Sisson MOVED, SECONDED by Commissioner Barone to convene from Regular Session to Closed Session for the purpose of consulting with the County Attorney in compliance to NCGS 143- 318.11. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Greer convened to Closed Session at 10:15 P.M. Chairman Greer reconvened to Regular Session at 10:40 P.M. and reported no action was taken during the Closed Session. Discussion of Purchasing the Cape Fear Utilities, Inc. and Quality Water Systems, Inc. Commissioner Caster reported he had been informed that negotiations had not come to fruition between the City of Wilmington and Mr. Dobo regarding the purchase of the Cape Fear Utilities and Quality Water systems. He advised that Mr. Dobo would like for the County to consider purchasing the systems. Motion: After discussion, Commissioner Caster MOVED, SECONDED by Vice-Chairman Mathews to pursue purchasing the Cape Fear Utilities and Quality Water Systems from Mr. Dobo if the City is not interested in buying the systems. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 25 REGULAR MEETING, JULY 1, 1996PAGE 485 Discussion of Hospital Revenue Bonds Commissioner Caster advised that revenue bonds for New Hanover Regional Medical Center were oversubscribed and the interest rate was lowered, which will save over $1.3 million during the life of the bonds. Discussion of Assessment by the Consultant Who Performed the Highway 421 North Industrial Corridor Fire Protection Study Commissioner Sisson reported the consultant hired to review fire service for the Highway 421 North Industrial Corridor was requested by the Fire Commission to review the last assessment to see if changes should be made to the study as well as review the future of fire service in New Hanover County. A report from the consultant was presented to the Fire Commission and will be discussed in July. During the month of August, the Fire Commission would like to meet with the Board of County Commissioners to discuss the findings of this report. Discussion of E-Mail for the Board of County Commissioners Commissioner Sisson reported after discussion with the MIS Director, he had learned that two hours of training would have to be provided to each County Commissioner for use of the County's E- Mail System as well as time for installing the equipment at his home. He stated he would not be interested in connecting to the system because he felt this procedure was too time consuming for Staff since he would be leaving the elected office in November. Commissioner Barone stated she had planned to attend training classes and install the computer at home without the assistance of County Staff. ADJOURNMENT Chairman Greer adjourned the meeting at 10:58 P.M. Respectfully submitted, Lucie F. Harrell Clerk to the Board