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