1990-11-05 Regular Meeting
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MINUTES OF REGULAR MEETING, NOVEMBER
The New Hanover County Board of
Session on Monday, November 5, 1990,
Assembly Room of the Courthouse,
Wilmington, North Carolina.
5, 1990
Commissioners met in Regular
at 7:30 o'clock P.M. in the
24 North Third Street,
.
Members present were: Commissioners Robert G. Greer; E. L.
Mathews, Jr.; Nolan O'Neal; Vice-Chairman Jonathan Barfield, Sr.;
Chairman Fred Retchin; County Manager, Allen O'Neal; County
At torney, Robert W. Pope; and Clerk to the Board, Lucie F.
Harrell.
Chairman Retchin called the meeting to order.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Aaron Moore, Pastor of Warner Temple A.M.E. Zion
Church, gave the invocation.
Commissioner Robert G. Greer led the audience in the Pledge
of Allegiance to the Flag.
NON-AGENDA ITEMS
Chairman Retchin asked if anyone from the general public
would like to speak on an item not listed on the Regular Agenda
or an item listed on the Consent Agenda. No one commented.
APPROVAL OF CONSENT AGENDA
Commissioner O'Neal requested removal of Consent Agenda Item
#13 for discussion at a later date due to receiving a call from
Mr. William Funderburg who would like to appear at the next
meeting and present additional information on the possibility of
other graves being located on the site.
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Chairman Retchin stated after discussion with the Assistant
County Attorney, Wanda Copley, it was his understanding that Mr.
Funderburg was satisfied with the proposed grave relocation.
Attorney Wayne Bullard, representing the property owner in
Landfall, stated in order for the owner to sell the lot, the
grave must be relocated before the loan can be closed. He
stressed the importance of avoiding a delay on the sale of the
lot and requested the Board to approve the proposed relocation of
the abandoned grave and headstone as requested.
Motion: After further discussion, Commissioner 0' Neal MOVED,
SECONDED by Vice-Chairman Barfield to remove the item fr'om the
Consent Agenda and discuss this proposal as a regular agenda
item. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman
Barfield to approve the remaining Consent Agenda items. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Approval of Minutes
The Commissioners approved the minutes of the following
meetings as presented by the Clerk to the Board:
.
Emergency Session - Hurricane Lili
October 12, 1990
Regular Meeting
October 15, 1990
Special Meeting - Hospital Board of Trustees
October 17, 1990
Adoption of Proclamation Designating "Youth Appreciation Week" in
New Hanover County
The Commissioners adopted a proclamation designating
November 10-17, 1990, as "Youth Appreciation Week" in New Hanover
County.
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(256 MINUTES OF REGULAR MEETING. NOVEMBER 5. 1990 (CONTINUED)
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A copy of the proclamation is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XVIII, Page 27.
Adoption of Proclamation Designating "National Home Care Week" in
New Hanover County
The Commissioners adopted a proclamation designating
November 25, 1990, through December 1, 1990, as "National Home
Care Week" in New Hanover County.
A copy of the proclamation is hereby incorporated as a part
of the minutes and is contained in Exhibit Book XVIII, Page 27.
()
Acceptance of Change Order Report #17
The Commissioners accepted Change Order Report #17 for the
period ending October 11, 1990, as presented by the Deputy County
Manager.
A copy of the report is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XVIII, Page 27.
Adoption of Resolution Adding Roads to the State Secondary Road
System
The Commissioners adopted a resolution adding the following
roads to the State Secondary Road System:
-Rabbit Run - Rabbit Run Subdivision - (Div. File No. 660-N)
-Buck Dr. - White Oak Plantation Sub.- (Div. File No. 647-N)
-Roads in Section 1, 2, 3, 4, & 5 of Stratford Place Subdiv.
(Division File No. 651-N & 654-N)
Copies of the resolutions are hereby incorporated as a part
of the minutes and are contained in Exhibit Book XVIII, Page 27.
Adoption of Resolution Accepting Offer by Oscar A. Graham for
Purchase of Property Jointly OWned by the City and County ()
The Commissioners accepted an offer from Oscar A. Graham for
purchase of the following property owned jointly by the City and ~
County:
Parcel Number
R0048-18-016-014.000
Address
107 N. 11th Street
Amount of Offer
$1,200
This property represents ad valorem tax values as of 1983
totaling $2,000 and the offer has been duly advertised for upset
bid.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XVIII, Page 27.
Approval of Revised Contract #MIS-90-0390 with Southern Bell
The Commissioners approved the revised contract with
Southern Bell as presented by the Director of MIS. The modified
contract will reduce the monthly telephone expense by $562 and
enhance the present ESSX system with additional features.
A copy of the revised contract is on file in the Legal
Department.
Approval of Budget Amendment #91-0077 - Department of Social
Services ()
The commissioners approved the following budget amendment: \ .
91-0077
Social Services/Repatriates Program
Debit
Credit
social Services/Repatriates Program
Federal Grant
$20,000
"
Assistance PaYments
$20,000
Purpose: To establish budget for the Repatriates Program, which
will assist families displaced from Iraq and Kuwaite that have
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MINUTES OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED)
257 ~
settled in the area. The expenses will be 100 percent reimbursed
by the federal government.
Approval of Budget Amendment #91-0078 - Parks & Recreation
The Commissioners approved the following budget amendment:
91-0078 General Fund/Parks
Debit
Credit
General Fund
Appropriated Fund Balance
$29,000
Parks
Other Improvements
$29,000
Purpose: To rollover funds for the Myrtle Grove Middle School
Park concession and restroom building. The Commissioners
approved using impact fees for the project on January 2, 1990.
Approval of Budget Amendment #91-0079 - Sheriff's Department
The Commissioners approved the following budget amendment:
91-0079 Sheriff/Administration
Debit
Credit
Sheriff/Administration
Other
$11,910
Motor Vehicle Purchase
$11,910
Purpose: To budget insurance settlement for a totaled vehicle
for purchase of a replacement vehicle.
Authorization for Chairman to
Transportation Grant Agreement
Coordinated Transportation System
The Commissioners authorized the Chairman to execute the
Section 18 Transportation Grant agreement for the recently
developed coordinated transportation system.
Execute Section 18 Public
(Contract PUB-90-0383) for
A copy of the agreement is on file in the Legal Department.
Approval of Change Order to #ENG90-0109-01
Carolina, Inc. for Cell #2 Closure - Landfill
The Commissioners approved a change order
the contract with Dickerson Carolina for
additional 2.5 acres at the Landfill.
With Dickerson
adding 41 days to
closure of the
A copy of the Change Order is on file in the Legal
Department.
APPROVAL OF CONSENT AGENDA ITEM 13 - RELOCATION OF ABANDONED
GRAVE AND HEADSTONE IN THE LANDFALL SUBDIVISION
Assistant County Attorney, Wanda Copley, stated the General
Statutes require consent of the Board of Commissioners for
relocation of the abandoned grave and appointment of the Health
Director and County Engineer as designees to supervise the
process.
Commissioner O'Neal expressed concern for rushing into this
process before knowing if other graves are located on the site
and recommended delaying action until the next regularly
scheduled meeting at which time Mr. William Funderburg can
comment on this matter.
Motion: After further discussion of the removal process and no
other graves reported in the Landfall area, Chairman Retchin
MOVED, SECONDED by Commissioner Greer to authorize permission to
disinter the grave and relocate to Block 15, Landfall Subdivision
I and to appoint the County Engineer and Health Director to
supervise the relocation process. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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( 258NUTES OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED)
ENDORSEMENT OF NAME CHANGE FOR NEW HANOVER MEMORIAL HOSPITAL
Chairman Retchin stated a request has been received from the
Hospital Board of Trustees for endorsement of a name change for
the hospital from New Hanover Memorial Hospital to "New Hanover
Regional Medical Center". The purpose of the name change is to
more accurately define the hospital as a regional facility
providing services to southeastern North Carolina.
Motion: After discussion, Vice-Chairman Barfield MOVED, SECONDED
by Commissioner Mathews to endorse the proposed name change, New
Hanover Regional Medical Center, as requested by the Hospital
Board of Trustees. Upon vote, the MOTION CARRIED UNANIMOUSLY. ~
PUBLIC HEARING TO CONSIDER APPLYING SPECIAL HIGHWAY
DISTRICT REGULATIONS TO A PORTION OF U. S. HIGHWAY 17
STREET - Z-399)
Chairman Retchin opened the Public Hearing.
OVERLAY
( MARKET
Planning Director Hayes presented background information on
the application of Special Highway Overlay District (SHOD)
regulations to a portion of U. S. Highway 17 from the traffic
signal at Ogden to the Pender County line. After study and
review, the Ad Hoc Advisory Committee, Planning Commission, and
Planning Staff recommended application of SHOD to Market Street
feeling it would be beneficial to the County.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of the proposed SHOD regulations.
The following persons commented:
Dr. Robert Brown, a resident of Middle Sound, requested the
Board to approve SHOD regulations and emphasized the importance
of making a decision that will benefit all citizens of the
County. He commented on future commercial development stating
adoption of these regulations will stop strip commercial zoning
and allow for orderly growth along this corridor.
Mr. Otis Johnson, representing the Porters Neck Quality of
Life Association, stated this corridor must be protected and
respectfully requested the Board to adopt the SHOD regulations.
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Chairman Retchin asked if anyone from the general public
would like to speak in opposition to the proposed SHOD
regulations. The following persons commented:
Ms. Naomi Yopp, a property owner on Market Street, expressed
concern for depriving her the right to develop her property
commercially after paying taxes for the past 50 years.
Mr. Robert Murray, a property owner on Market Street,
expressed concern for depriving him the right to expand his
present business by adoption of the SHOD regulations. He
requested the Board to delay making a decision on this request in
order to further study the Carolina Power & Light right-of-way
and the number of small property owners that will be negatively
impacted by adoption of these regulations.
Chairman Retchin closed the Public Hearing.
Vice-Chairman Barfield cautioned adopting SHOD regulations
for this area without further study of the impact upon small
property owners. He stated application of SHOD regulations to
Eastwood Road, Military Cut-Off Road, and River Road were
beneficial since large parcels of land were involved and property
owners were not negatively impacted; however, small property
owners on this portion of Highway 17 will be severely affected;
therefore, he feels further study is needed.
o
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Motion: After a lengthy discussion of benefits derived from
application of SHOD regulations, Commissioner O'Neal MOVED,
SECONDED by Chairman Retchin to approve application of the
Special Highway Overlay District regulations to Highway 17 from
the traffic signal at Ogden to the Pender County Line. Upon
vote, the MOTION CARRIED AS FOLLOWS:
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MINUTES OF REGULAR MEETING, NOVEMBER 5, 1990 ( CONTINUED)
259
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Voting Aye: Commissioner Greer
Commissioner Mathews
Commissioner O'Neal
Chairman Retchin
Voting Nay: Vice-Chairman Barfield
PUBLIC HEARING TO CONSIDER A REQUEST BY KENNETH PARKER
APPROXIMATELY ELEVEN (11) ACRES ON THE NORTHWEST SIDE
17 SOUTH OF PORTERS NECK ROAD TO B-2 BUSINESS
RESIDENTIAL (Z-398 - CONTINUED ITEM AND APPEALED CASE)
Chairman Retchin opened the Public Hearing.
TO REZONE
OF HIGHWAY
FROM R-15
Planning Director Hayes presented background information on
the proposed rezoning and stated this item was deferred until a
determination was made on SHOD regulations for Market Street.
Both the Planning Commission and Planning Staff recommend denial
of the request in order to discourage strip commercial
development along this corridor. The applicant presented the
proposed rezoning request to the leadership of the Porters Neck
Community to determine the amount of support for additional
commercial development, and they overwhelmingly rejected the
proposal feeling no additional commercial development is needed.
Chairman Retchin asked if
would like to speak in favor
following persons commented:
anyone from the general public
of the rezoning request. The
Mr. Kenneth Parker, the petitioner, stated application of
SHOD regulations will not negatively impact development of this
property and requested approval of the commercial rezoning in
order to utilize the property to its fullest potential. He
commented on the proposed use being compatible with surrounding
commercial development and stated if a property owner is denied
the right to develop his/her property, the owner should be justly
compensated.
Mr. David Skipper, owner of property in the Special Highway
Overlay District for the past 50 years, stated he does not plan
to commercially develop the property at the present time;
however, with the widening of Highway 17, this portion of Market
Street will become less desirable for future residential use;
therefore, he feels property owners should be allowed to
commercially develop property when compatible with surrounding
uses. He requested the Board to approve the rezoning request.
Mr. Lloyd Brinkley, a property owner in the SHOD District,
stated members of the Porters Neck Quality of Life group, who
advocate protection of the environment and oppose any commercial
development in the area, are endangering the quality of life much
more than commercial development through the use of septic tanks
which continually pollute the waterway. He requested approval of
the commercial rezoning stating he would like the convenience of
a shopping center in the immediate area to avoid trips to town.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to the proposed rezoning
request. The following person commented:
Dr. Robert Brown, a resident of Middle Sound, stated the
question to be answered is whether evidence has been presented
that justifies rezoning of this property for the common good of
the residents of New Hanover County as opposed to the good of the
property owner. He requested the Commissioners to consider
whether additional commercial development is needed in this area
before approving the rezoning request.
Mr. Conrad Lowman, a resident of Porters Neck area,
commented on the Porters Neck Plan which did not support
additional commercial development in the area and requested the
Commissioners to deny the B-2 zoning request.
Chairman Retchin closed the Public Hearing.
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( 2"6 C1INUTES OF REGUIJ\R MEETING. NOVEMBER 5. 1990 ( CONTINUED)
I
Motion: Commissioner Mathews stated with approval of SHOD for
this portion of Market Street he would MOVE to approve the B-2
zoning as requested by the petitioner. Commissioner Greer
SECONDED THE MOTION. The floor was opened for discussion.
Commissioner O'Neal stated he could not support strip
commercial development.
After further discussion, Chairman Retchin called for a vote
on the MOTION to approve the B-2 zoning as requested by the
petitioner. Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Greer
Commissioner Mathews
Vice-Chairman Barfield
Chairman Retchin
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Voting Nay: Commissioner O'Neal
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, 1971" is hereby
incorporated as a part of the minutes and is contained in Zoning
Book I, Section 5, Page 21.
BREAK
Chairman Retchin recessed the meeting for a break from 8:45
o'clock P.M. until 9:01 o'clock P.M.
PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY FIVE (5) ACRES
ON THE EAST SIDE OF U. S. HIGHWAY 117 SOUTH OF GOFF DRIVE TO 1-1
INDUSTRIAL FROM R-20 RESIDENTIAL (Z-415)
Chairman Retchin opened the Public Hearing.
Planning Director Hayes stated the petitioner seeks to
rezone approximately five (5) acres on U. S. Highway 117 South of 0
Goff Drive. The Planning Commission recommends approval of a ,-.
modified version of the request which would rezone the property
to a depth of 800 feet stopping the zoning depth at the corner of
Parcel #3 in order to protect a small pocket of residential uses
adjacent to the property. The Planning Staff recommends denial
of the rezoning request in order to avoid uncontrolled strip
development.
Chairman Retchin asked if
would like to speak in favor
following person commented:
anyone from the general public
of the rezoning request. The
Mr. Tom Goff, the petitioner, requested approval of the
rezoning request stating surrounding properties are already zoned
for industrial use.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to the rezoning request. No
one commented.
Chairman Retchin closed the Public Hearing.
Motion: After discussion of the proposed road, Vice-Chairman
Barfield MOVED, to rezone the entire parcel 1-1 Industrial as 0
requested by the petitioner. The MOTION FAILED due to not
receiving a SECOND. "-- .
Motion: After further discussion, Chairman Retchin MOVED,
SECONDED by Commissioner O'Neal to approve Office and Industrial
rezoning to a 800 ft. depth from the Castle Hayne Road as
recommended by the Planning Commission. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF THE CASTLE HAYNE ZONING AREA OF NEW
HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1985" is hereby
incorporated as a part of the minutes and is contained in Zoning
Book II, the Castle Hayne Section, Page 13.
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MINUTES OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED)
261 ~
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO ADD
ONE SPACE TO AN EXISTING TEN (10) UNIT MOBILE HOME PARK AT 1710
OAKLEY LOOP ROAD (S-322)
Chairman Retchin opened the Public Hearing and stated the
special use process requires a quasi-judicial hearing; therefore,
persons wishing to testify must be sworn in by the Clerk to the
Board. The following person was sworn in:
Mr. J. T. Marley
Planning Director Hayes stated the applicant seeks to add
one rental space to an existing ten (10) unit mobile home park.
The site is on Oakley Loop Road. The Planning Commission
recommends approval since no adverse impacts are anticipated by
issuance of the Special Use Permit.
Planning Director Hayes presented the following Staff
findings:
General Requirement #1: The proposed use will not materially
endanger the public health or safety if located where proposed
and developed according to the plan as submitted and approved
based upon the following findings:
1. The applicant has obtained an improvement permit from the
County Health Department for the installation of a septic tank.
2. An existing on-site well will provide water service.
3. The addition, consisting of one lot, will have access to
Oakley Road via an internal access road.
4. The site is located wi thin the Castle Hayne Volunteer Fire
Department District.
General Requirement # 2: The proposed use meets all required
conditions and specifications based upon the following findings:
1. New mobile home parks or expansions of mobile home parks
require a Special Use Permit.
2. The subject property is zoned R-15 Residential, which permits
mobile home parks by Special Use Permit.
3. The proposed expansion complies with all the conditions of
the Mobile Home Park and Travel Trailer Ordinance.
General Requirement #3: The proposed use will not substantially
injure the value of adjoining or abutting property based upon the
following findings:
1. The lot addition will be part of an existing ten (10) unit
mobile home park.
General Requirement #4: The proposed use will be in harmony with
the area in which it is to be located and in general conformity
with the plan of development for New Hanover County based upon
the following findings:
1. There are other mobile homes in the general vicinity.
Chairman Retchin asked if the petitioner or anyone from the
general public would like to speak in favor of granting the
Special Use Permit. The following person commented:
Mr. J. T. Marley, the petitioner, commented on the expansion
and requested approval of the Special Use Permit.
Chairman Retchin asked Mr. Marley if he agreed with the
findings as presented by the Planning Staff. Mr. Marley stated
he concurred with the statements as presented.
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( 2.6,INUTES OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED)
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to issuance of the Special Use
Permit. No one commented.
Chairman Retchin closed the Public Hearing.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
0' Neal to grant the Special Use Permit as requested based upon
the evidence presented and the findings of fact satisfying the
four general requirements. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
o
A copy of the Special Use Permit is hereby incorporated as a
part of the minutes and is contained in SUP Book I, Page 44.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO
UNITED CEREBRAL PALSY, INC. NORTH CAROLINA TO ESTABLISH A CHILD
DAY CARE CENTER ON THE WEST SIDE OF MILITARY CUT-OFF ROAD (S-324)
Chairman Retchin opened the Public Hearing and stated the
special use process requires a quasi-judicial hearing; therefore,
all persons wishing to testify must be sworn in by the Clerk to
the Board. The following persons were sworn in:
Ms. Nancy Bundy
Mr. Walter Vick
Mr. John W. Bridges
Planning Director Hayes stated the applicant seeks to
establish a child day care center on the west side of the
Military Cut-Off Road. The initial site plan called for two
access alternatives, directly to the Military Cut-Off Road or to
the Military Cut-Off Road via Old McCumber Road. The Planning
Commission recommended approval of the Special Use Permit
provided that the McCumber Road access option is utilized.
Planning Director Hayes presented the following Staff ()
findings:
General Requirement #1: The proposed use will not materially
endanger the public health or safety if located and developed as
proposed based upon the following findings:
1. The proposed use will be located on the west side of Military
Cut-Off Road. Access to the site will be from Old McCumber road
on the north side of the site.
2. The property is located wi thin the Ogden Volunteer Fire
Department District.
3. A County sewer line is being installed along Military Cut-Off
Road. Water and sewer service to the site is likely to be
supplied by on-site sources.
General Requirement #2: The proposed use meets all required
conditions and specifications based upon the following findings
of fact:
1. Child day care is permitted by Special Use Permit in the R-15
Residential District. This property is zoned R-15.
2. The proposed facility, consisting of 4,500 square feet, will
house up to 45 children and 20 employees.
o
3. A playground, 4,000 square feet in area and enclosed by a
4-foot high fence, is also proposed.
4. No permits have been issued by the State Day Care Licensing
Agency, and a local Certificate of Occupancy cannot be issued
until all other local and applicable state requirements have been
met.
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General Requirement #3: The proposed use will not substantially
injure the value of adjoining or abutting property based upon the
following findings:
MINUTES OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED)
263 -..,
1. Property on the west side of the road in the immediate area
is either vacant or used for agricultural purposes.
General Requirement #4: The proposed use will be in harmony with
the area in which it is to be located and in general conformity
wi th the plan of development for New Hanover County based upon
the following findings:
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1. There is no definitive land development pattern in this area.
Uses located within reasonable proximity to this site include
single-family structures, a gun range, private utility facility
(CP&L), mobile home park, and ag~icultural uses.
Chairman Retchin asked if the petitioner or anyone from the
general public would like to speak in favor of granting the
special Use Permit.
Mr. Walter Vick, representing United Cerebral Palsy of North
Carolina, commented on the need for this facility and requested
approval of the special Use Permit to establish the day care
center.
Chairman Retchin asked Mr. Vick if he
findings as presented by the Planning Staff.
concurred with the statements as presented.
agreed with the
Mr. Vick stated he
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to issuance of the Special Use
Permit. The following person commented:
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Mr. John Wesley Bridges, on behalf of his mother who lives
at 353 McCumber Road, expressed concern for traffic in this area
and requested the Board to place a traffic signal at this
intersection. He stated he is not opposed to establishment of
the day care center, but he is concerned about increased traffic.
Consensus: It was the consensus of the Board to authorize the
Chairman to request the N. C. Department of Transportation to
consider location of a traffic signal at the intersection of the
Military Cut-Off Road and Old McCumber Road.
Chairman Retchin closed the Public Hearing.
Motion: Commissioner Greer MOVED, SECONDED by Commissioner
Mathews to grant the Special Use Permit based upon the evidence
presented and findings of facts satisfying the four general
requirements. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is hereby incorporated as a
a part of the minutes and is contained in SUP Book I, Page 44.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR
CONVERSION OF AN EXISTING SINGLE-FAMILY DWELLING LOCATED ON SANTA
MARIA AVENUE TO A DUPLEX (S-325)
Chairman Retchin opened the Public Hearing and stated the
special use process requires a quasi-judicial hearing; therefore,
any persons wishing to testify must be sworn in by the Clerk to
the Board. The following person was sworn in:
.
Mr. Ligon B. Flynn
Planning Director Hayes stated the applicant seeks to
convert an existing single-family dwelling into a duplex by
adding an additional single dwelling to the existing structure.
After review, the Planning Commission recommended approval of the
Special Use Permit.
Planning Director Hayes presented the following Staff
findings:
General Requirement #1: The proposed use will not materially
endanger the public health or safety if located where proposed
and developed according to the plan as submitted and approved
based upon the following findings:
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(/ 2~rS OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED)
I
1. The proposed duplex will be served by an on-site well and
septic system.
2. Access to the site via Santa Maria Avenue, a platted but
unimproved right-of-way. The current access is merely a one lane
private dirt drive.
3. The site is located within the Ogden Volunteer Fire
Department District.
General Requirement # 2: The proposed use meets all required
conditions and specifications based upon the following findings:
o
1. Duplexes are permitted by Special Use permi"t in the R-20
District. This site is zoned R-20.
2. A minimum of 35,000 square feet in land area is required for
a duplex. The site's total area is 1.9 acres.
3. Off-street parking can be easily accommodated on the site.
General Requirement #3: The proposed use will not substantially
injure the value of adjoining or abutting property based upon the
following findings:
1. Land is sparsely developed in the general area and most of
the adj oining lots are larger tracts of land. The larger lot
sizes encourage less density and greater setbacks.
General Requirement #4: The proposed use will be in harmony with
the area in which it is to be located and in general conformity
wi th the plan of development for New Hanover County based upon
the following findings:
a. Land development in the area is generally limited to larger
single-family structures on large lots.
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Chairman Retchin asked if the petitioner or anyone from the
general public would like to speak in favor of granting the
Special Use Permit. The following person commented:
Mr. Ligon Flynn, representing the petitioner
Carlson, Jr., stated the purpose of the duplex is
living quarters for Mr. Carlson's daughter and
requested approval of the Special Use Permit.
Mr . C . I .
to provide
child. He
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to the rezoning request. No
one commented.
Chairman Retchin closed the Public Hearing.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner
Greer to grant the Special Use Permit based upon the evidence
presented and the findings of fact satisfying the four general
requirements. 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 I, Page 44.
PUBLIC HEARING TO CONSIDER A REQUEST BY ARNOLD SOBOL TO CLOSE A
PORTION OF AN UNNAMED ROAD NORTH OF EQUESTRIAN ESTATES
SUBDIVISION, FEDERAL POINT TOWNSHIP (SC-50 - CONTINUED ITEM)
Chairman Retchin opened the Public Hearing.
o
Planning Director Hayes stated a new alignment for placement
of the new road has been submitted by the petitioner which would
shift the actual road south approximately 25 feet from the
northern right-of-way and would be located between 35 to 40 feet
south of the residence owned by Ms. Dorothy Nixon.
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MINUTES OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED)
265
~
Commissioner Barfield expressed concern for
right-of-way and recommended that the petitioner
right-of-way by 10 additional feet.
the 40
increase
foot
the
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to closing this
section of the unnamed road.
.
Dr. Arnold Sobol, the petitioner, stated the Department of
Transportation designed the road plan, and that he complied to
that plan.
Mr. Clyde Dinkins, a property owner on the unnamed road,
requested a 25 ft. buffer with a 40 foot right-of-way. He
expressed concern for removal of his right-of-way, which was the
property of his grandfather, without being assured he will
receive the same amount of right-of-way with construction of a
new road.
Commissioner Barfield, again, requested the petitioner to
increase the right-of-way.
Dr. Sobol stated he is willing to increase the right-of-way
to 65 feet.
Mr. Donald Peterson, a resident of Grand Champion Road,
requested that the road be closed due to the traffic hazard in
this area.
Chairman Retchin closed the Public Hearing.
Commissioner O'Neal expressed concern for performing staff
work and stated he would not support an increase in the
right-of-way.
.
Motion: Commissioner Greer MOVED, SECONDED by Vice-Chairman
Barfield to increase the right-of-way of the new road to 65 feet
with the closing of the unnamed road north of Equestrian Estates
not being finalized until the new road is constructed and
recorded in accordance with County Subdivision Regulations. Upon
vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Greer
Commissioner Mathews
Vice-Chairman Barfield
Chairman Retchin
Voting Nay: Commissioner O'Neal
A copy of the order will be placed in the Exhibit Book XVIII,
Page 27 as a part of the minutes once the document is recorded.
PUBLIC HEARING TO CONSIDER A REQUEST TO RENAME CENTRAL AVENUE TO
BUENA VISTA CIRCLE, LOCATED IN THE COMMUNITY OF MIDDLE SOUND,
HARNETT TOWNSHIP (SN-59)
Chairman Retchin opened the Public Hearing.
Planning Director Hayes stated Thomas Broadfoot requested
renaming Central Avenue to Buena Vista Circle.
.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the proposed
road name change. No one commented.
Chairman Retchin closed the Public Hearing.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner
O'Neal to adopt an order renaming Central Avenue to Buena Vista
Circle. Upon vote the MOTION CARRIED UNANIMOUSLY.
A copy of the order is hereby incorporated as a part of the
minutes and is contained in Exhibit Book XVIII, Page 27.
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/. MINUTES OF REGULAR MEETING, NOVEMBER 5, 19 90 (CONTINUED)
( 266
I
PUBLIC HEARING TO CONSIDER SYSTEMATICALLY ASSIGNING HOUSE NUMBERS
TO RESIDENTIAL PROPERTIES LOCATED ON CASTLE HEIGHTS DRIVE, IN THE
COMMUNITY OF CASTLE HAYNE, CAPE FEAR TOWNSHIP
Chairman Retchin opened the Public Hearing.
Planning Director Hayes requested adoption of an order
systematically assigning house numbers on Castle Heights Drive to
accurately identify property for delivery of county services and
emergency responses.
Chairman Retchin
would like to speak
reassignment of house
commented.
asked if anyone from the general public
in favor of or in opposition to the
numbers on Castle Heights Drive. No one
Chairman Retchin closed the Public Hearing.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner
O'Neal to authorize the Planning Staff to systematically assign
house numbers to residential properties located on Castle Heights
Drive. Upon vote, the MOTION CARRIED UNANIMOUSLY.
APPROVAL OF AUTHORIZATION TO EXCEED GRANT LIMIT FOR PARTICIPANT
OF THE HOUSING REHABILITATION PROGRAM
Planning Director Hayes stated in April, 1990, a $162,500
Energy Conservation and Housing Rehabilitation Grant was awarded
to Wilmington Housing, Finance and Development Agency, Inc.
(WHFD) to assist 22 very low and low income households
rehabilitate their dwellings in the unincorporated County. The
level of assistance was limited to $7,500 per dwelling with the
County establishing a limit of $4,000 per dwelling unit.
In August, an elderly person living on North Kerr Avenue
applied for assistance through the program. Upon inspection of
the dwelling by the WHFD Rehabilitation Specialist and County
Planning Staff, it was found that the residence had no indoor
plumbing facilities and other structural problems. Proposals
were submitted for construction of a bathroom, installation of
plumbing, and correction of structural problems. The lowest
proposal received was $13,500; therefore, the Planning Department
is requesting authorization to exceed the County's established
$4,000 grant limit by $3,000 in order to bring this residence
into compliance with State Building and Plumbing Codes.
Motion: After discussion, Vice-Chairman Barfield MOVED, SECONDED
by Commissioner Mathews to authorize the Planning Department to
exceed the grant limit up to $3,000. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE WATER & SEWER
DISTRICT
Chairman Retchin recessed the meeting from 10: 00 0' clock
P.M. until 10:10 o'clock P.M. to hold a meeting of the New
Hanover County Water & Sewer District.
AUTHORIZATION FOR INSTALLATION OF TWO ( 2) MONITORING WELLS ON
AIRPORT PROPERTY ADJACENT TO THE TRASK DEMOLITION DUMP SITE
Director of Environmental Management, Ray Church, stated as
a portion of the closure requirements of the non-conforming open
demolition dump owned by Mr. Alex Trask adjacent to the Airport,
the N. C. Division of Solid Waste Management is requiring Mr.
Trask to install and sample groundwater monitoring wells. The
wells are to be placed 100 feet from the waste boundary;
therefore, two monitoring wells to the south and southwest of the
dump will be located on airport property. The State has
requested permission to install, maintain, and sample the wells
on airport property by November 10, 1990, subject to no aircraft
interference or violations of FAA regulations. The Legal
Department is to establish terms, conditions and limits of
liabilities as part of the authorization for installation of the
wells.
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Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner
O'Neal to authorize the N. C. Division of Solid Waste Management
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MINUTES OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED)
267 ~
to install and monitor two (2) wells on airport property
contingent upon no aircraft interference or violations of FAA
regulations. The Legal Department is to prepare a contract to
establish terms, conditions and limits of liabilities as part of
the authorization. Upon vote, the MOTION CARRIED UNANIMOUSLY.
.
APPROVAL OF CHANGE ORDER NO. 89-0006-02 TO STEAM PLANT
BOILER/STOKER CONTRACT ISTE-89-0006
Director of Environmental Management, Ray Church, commented
on adding a nitrous oxides control system to the new boiler in
order to reduce nitrous oxides and sulfur emissions. Volund USA
Ltd. was requested to design the boiler openings and access
platforms; therefore, Staff requests approval of a Change Order
in the amount of $13,230.
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner
0' Neal to approve Change Order #89-0006-02 in the amount of
$13,230 for design of boiler openings and access platforms for
installation of the nitrous oxides control system on the new
boiler at the Steam Plant. The Chairman was authorized to
execute the necessary documents. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
APPROVAL OF CHANGE ORDER 190-0007-01 TO CONTRACT ISTE-90-0007
WITH CLANCY & THEYS FOR SITE WORK, FOUNDATIONS & STRUCTURES -
STEAM PLANT EXPANSION PROJECT
County Manager O'Neal presented the following change order
with Clancy & Theys and requested approval by the Board:
1. Install 18" sleeve in turbine foundation
wall for condensate piping.
$
401
2. Install drain with piping in turbine
foundation slab.
$ 2,703
.
3. Change pavement in tipping floor area
from asphalt to concrete.
$27,221
4. Provide concrete equipment pads for
pumps & other mechanical & electrical
equipment.
$ 7,384
5. To remove old stack and make room for
new construction.
$ 2,875
6. Install 6'W x 9'H hollow metal double
floor on water building.
$
530
TOTAL AMOUNT
$41,114
Motion: After discussion, Vice-Chairman Barfield MOVED, SECONDED
by Commissioner Mathews to approve Change Order #90-0007-01 in
the amount of $41,114 as presented. The Chairman was authorized
to execute the necessary documents.
REJECTION OF BIDS FOR NEW SENIOR CENTER
.
Motion: After discussion, Chairman Retchin MOVED, SECONDED by
Commissioner O'Neal to reject all bids received for construction
of the new senior center due to apparent discrepancies existing
between the plans and specifications. Staff was directed to
direct the architect to resolve the discrepancies and
re-advertise for bids. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
APPROVAL OF BUDGET AMENDMENT 191-0070 TO BUDGET FUNDS FOR JURY
PARKING AT THE CITY OF WILMINGTON'S PARKING DECK
County Manager O'Neal requested approval of a budget
amendment to reimburse the City of Wilmington for jury parking at
the City's parking deck located on Third Street. He stated Staff
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OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED)
is currently negotiating with a property owner in the downtown
area for use of a lot that would be less expensive; however, no
firm commitment has been received.
Commissioner Mathews inquired as to whether the City can
reduce the hourly rated charged for jury parking. County Manager
O'Neal stated the City is operating under a contract and cannot
reduce the hourly rate.
Motion: Commissioner Mathews MOVED, SECONDED by Commissioner
Greer to approve the following budget amendment to budget funds
for jury parking at City of Wilmington's Parking Deck. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
o
91-0070 Non-Departmental/Clerk of Court
Debit
Credit
Non-Departmental
Contingency
$25,220
Clerk of Court
Juror Parking
$25,220
Purpose: To transfer funds
budget funds for jury parking
deck located on Third Street.
$2,000 per month.
from the contingency account to
at the City of Wilmington's parking
The cost is estimated to be about
COMMITTEE APPOINTMENTS
APPOINTMENT OF ANNE HARDAWAY TO SERVE ON THE NURSING HOME
ADVISORY BOARD
Motion: Chairman Retchin MOVED, SECONDED by Commissioner O'Neal
to appoint Anne Hardaway to fill an unexpired term on the Nursing
Home Advisory Board. The term will expire June 1, 1992. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
o
APPOINTMENT OF WILLIAM SUTTON TO THE NEW HANOVER MEMORIAL
HOSPITAL BOARD OF TRUSTEES
Chairman Retchin stated due to the untimely death of Pete
Fensel a vacancy exists on the Hospital Board of Trustees. He
recommended appointment of William Sutton to the unexpired term
since he was one of the two nominees considered when filling the
last vacancy.
Commissioner 0' Neal stated the Hospital Board of Trustees
has expressed a desire to appoint a Certified Public Accountant
to fill this vacancy; however, time is needed to recruit
additional applications.
Motion: After further discussion, Chairman
SECONDED by Commissioner Mathews to appoint Mr.
fill the unexpired term of Pete Fensel on the
Trustees. The term will expire September 30,
the MOTION CARRIED UNANIMOUSLY.
Retchin MOVED,
William Sutton to
Hospital Board of
1992. Upon vote,
APPOINTMENT OF NELLO FILIPPINI TO SERVE ON THE ZONING BOARD OF
ADJUSTMENT
o
Motion: Vice-Chairman Barfield MOVED, SECONDED by Chairman
Retchin to appoint Nello Filippini, currently serving as an
alternate on the Zoning Board of Adjustment, to fill a vacancy on
the Zoning Board of Adj ustment. The term will expire November
15, 1993. Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADDITIONAL ITEMS - COUNTY MANAGER
Discussion of Pay and Classification Study
County Manager O'Neal stated the Department Heads will meet
to discuss the procedure for moving forward with the Pay and
Classification Study.
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'.
MINUTES OF REGULAR MEETING, NOVEMBER 5, 1990 (CONTINUED)
~
.269
Adoption of Resolution to Approve Official Statements and Confirm
the Rates of Interest on the $5,000,000 Parks & Recreational
Facilities Bonds
Assistant County Attorney, Wanda Copley, requested the Board
to adopt a resolution approving the Official Statements and
confirming the rates of interest on the $5,000,000 Parks &
Recreational Facilities Bonds.
Motion: Chairman Retchin MOVED, SECONDED by Commissioner Mathews
to adopt a resolution confirming the rates of interest to be
borne by the County's bonds and to approve the Official Statement
and Final Official Statement for the $5,000,000 Parks &
Recreational Facilities Bonds. 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 XVIII, Page 27.
EXECUTIVE SESSION
County Manager O'Neal requested an Executive Session to
discuss matters relating to the location or expansion of
industries or other businesses in an area served by the governing
body.
Motion: Commissioner Mathews MOVED, SECONDED by Vice-Chairman
Barfield to recess from Regular Session to Executive Session as
requested. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin convened to Executive Session 10:28 o'clock
P.M.
Motion: Commissioner Mathews MOVED, SECONDED by Vice-Chairman
Barfield to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Retchin convened to Regular Session at 10:40
o'clock P.M..
ADJOURNMENT OF EMERGENCY SESSION HELD ON OCTOBER 12, 1990
Motion: Vice-Chairman Barfield MOVED, SECONDED by Commissioner
Greer to adjourn the Emergency Session held on October 12, 1990.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
ADJOURNMENT
Motion: Commissioner Mathews MOVED, SECONDED by Commissioner
Greer to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 10:45 o'clock P.M.
Respectfully submitted,
r/fL:, d ~
"-.../~~ F. Harrell
Clerk to the Board
j