1989-11-06 Regular Meeting
7Cll .,
MINUTES OF REGULAR MEETING, NOVEMBER 6, 1989
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, November 6, 1989, at 7:00 o'clock P.M. in the
Assembly Room of the New Hanover County Courthouse, 24 North
Third Street, Wilmington, North Carolina.
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Members present were: Commissioners Jonathan Barfield, Sr.;
W. Albert Corbett, Jr.; E. L. Mathews, Jr.; Vice-Chairman Nolan
O'Neal; Chairman Fred Retchin; Acting County Manager, Mary
Gornto; County Attorney, Robert W. Pope; and Clerk to the Board,
Lucie F. Harrell.
Chairman Retchin called the meeting to order and announced
that Vice-Chairman O'Neal is present but will not be very vocal
due to a case of laryngitis.
INVOCATION AND PLEDGE OF ALLEGIANCE
Reverend Adrian Shepard, Pastor of the United Advent
Christian Church, gave the invocation.
Girl Scouts of Troop #669 led the audience in the Pledge of
Allegiance to the Flag.
APPROVAL OF MINUTES
Commissioner Mathews MOVED, SECONDED by Vice-Chairman O'Neal
to approve the minutes of the Regular Meeting of October 16,
1989, and Emergency Meeting of October 23, 1989, as presented.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
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PRESENTATION OF CERTIFICATES OF APPRECIATION
Chairman Retchin, on behalf of the Board, presented
Certificates of Appreciation to James P. Cook, Stephen A. Zandy,
and Nancy Pritchett in recognition of New Hanover County being #1
in the State of North Carolina, which was the #1 State in the
nation, for execution of Adopt-A-Highway agreements.
Mr. James P. Cook, District Engineer with the N.
Department of Transportation, thanked the Commissioners for
recognition stating without the volunteer efforts of
citizens, New Hanover County would not have received
award.
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this
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this
NON-AGENDA ITEMS
Chairman Retchin asked if anyone from the general public
would like to present an item not listed on the Regular Agenda or
discuss an item listed on the Consent Agenda. This fOllowing
item was presented:
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APPROVAL OF DETOXIFICATION PROGRAM FUNDING REQUEST BY THE
SOUTHEASTERN CENTER FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES
& SUBSTANCE ABUSE SERVICES
Mental Health Director, William D. Sudduth, stated the Detox
Center has been licensed and is ready to open for service;
however, due to not receiving anticipated state funds in the
amount of $430,269, the Center is requesting the Board of
Commissioners to approve additional funding in the amount of
$69,585. He stated New Hanover Memorial Hospital has requested
opening of the Detox Center as quickly as possible to provide
additional space for the Cardiac Unit and has offered temporary
use of the hospital staff for operation of the Detox facility.
Director Sudduth stated the Southeastern Center has also
requested Brunswick County to provide additional funds in the
amount of $44,106. If both funding requests are approved the
Detox Center will be able to operate a 3-5 day, 6-8 bed Detox
Unit with limited counseling and treatment for five months of the
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7 cj~ES
OF REGULAR MEETING, NOVEMBER 6, 1989 (CONTINUED)
fiscal year beginning November 20, 1989, until the middle of May
1990, at which time funds will be requested from the State during
the Short Session of the General Assembly.
Commissioner Barfield stated if the Detox Center had been
operational when State funds were disbursed, the center would
have received the $430,269. He reminded the Commissioners of the
1989/90 Budget Request by the Southeastern Center stating funds
were committed for the Detox Center; however, the former County
Manager did not feel the Detox Center would be operational before
January 1990 and recommended not budgeting additional funds until
the facility opened.
commissioner Corbett asked if this would be a one-time
funding request. Acting County Manager Gornto stated for
clarification, the County will be funding approximately $175,000
each fiscal year for operation of the facility.
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Motion: After further discussion, Commissioner Barfield MOVED,
SECONDED by Chairman Retchin to approve the funding request in
the amount of $69,585, as requested by the Southeastern Center.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
REMINDER OF BOND REFERENDUM ON NOVEMBER 7, 1989
Chairman Retchin reminded everyone of the $5,000,000 Parks &
Recreation/Senior Center Bond Referendum to be held on November
7, 1989, and encouraged everyone to vote in support of this
issue.
APPROVAL OF CONSENT AGENDA
Motion: Commissioner Corbett MOVED, SECONDED by
Barfield to approve the Consent Agenda as presented.
the MOTION CARRIED UNANIMOUSLY.
Commissioner
Upon vote,
CONSENT AGENDA
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"
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Adoption of Proclamation Designating the Week of November 19-25,
1989, as Youth Appreciation Week in New Hanover County
The Commissioners adopted a proclamation designating the
Week of November 19-25, 1989, as "Youth Appreciation week" in New
Hanover County.
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A copy of the proclamation is contained in Exhibit Book
XVII, Page 36.
Award of Low Bid to
Contract #PRO-89-0316,
Management Department
The Commissioners awarded the low bid to Elevator Specialist
of Carolina, Inc. in the amount of $1,500 per month for
maintenance of thirteen (13) county elevators and two (2)
dumbwaiters in seven county locations. The Chairman was
authorized to execute the contract.
Elevator Specialist of Carolina, Inc.,
for Maintenance of Elevators - Property
A copy of the informal bid tabulation is contained in
Exhibit Book XVII, Page 36.
Authorization for Filing of Grant Application by New Hanover
Transportation Services, Inc.
The Commissioners authorized New Hanover County ("
Transportation Services, Inc. to file a grant application to the l
State's Elderly and Handicapped Transportation Assistance Program
in the amount of $25,732 to provide expanded services to the . -
elderly and implement a pilot project for handicapped
transportation. The Chairman was authorized to execute the
application.
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Reclassification of Secretary IV to Administrative Secretary -
Department of Aging
The Commissioners approved reclassification of the Secretary
IV position in the Department of Aging to Administrative
Secretary as recommended by the Personnel Department. No
additional County funds are required.
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MINUTES OF REGULAR MEETING, NOVEMBER 6, 1989 ( CONTINUED)
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Authorization for the Director of Engineering & Facilities to
Execute Payment Request Forms for FAA Grant #09 - New Hanover
County Airport
The Commissioners authorized the Director of Engineering &
Facilities, Ed Hilton, to execute payment request forms for FAA
Grant #09 since the former County Manager was previously
authorized to sign payment forms for FAA funds on the Airport
Project.
Authorization to Declare the Structure Located on 17 South Eighth
Street as Surplus Property - New Hanover County Museum
The Commissioners declared the structure on real property
located at 17 South Eighth Street as surplus property and
authorized the Museum Building Committee to dispose of the
structure.
Approval of Change Order to Robert Appelbaum Contract - New
Hanover County Museum Expansion
The Commissioners approved a contract addendum in the amount
of $11,980 to the Robert Appelbaum contract for design of the
Museum's "Discovery Room" which was not included in the original
plan.
Adoption of Resolution Releasing County's Share of State
Appropriated Funds to the Region "0" Council of Governments
The Commissioners adopted a resolution releasing the
County's share of state appropriated funds in the amount of
$14,653.58 to the Region "0" Council of Governments.
A copy of the resolution is contained in Exhibit Book XVII,
Page 36.
Approval of Budget Amendment #90-0076 - Steam Plant
The Commissioners approved the following Budget Amendment:
90-0076 Resource Recovery/Steam Plant Operations
Debit
Credit
Appropriated Fund Balance
$8,212
Capital Outlay
Departmental Supplies
Maintenance and Repair - Equipment
$7,614
260
338
Purpose: To adjust budget for capital outlay items that were
budgeted last year, but not received until this year.
Approval of Budget Amendment #90-0077 - Department of Social
Services
The Commissioners approved the following Budget Amendment:
90-0077 .Social Services
Debit
Credit
DSS/Administration
State Block Grant
DSS Administrative Grants
$ 5,492
11,002
DSS/AFDC
AFDC Equalizing
AFDC - Returned IV-D
8,131
202
DSS/State & AFDC Foster Home
AFDC Foster Care
State Foster Home Fund
40,279
1,596
DSS/Child Support Services
IV-D Incentive
6,564
DSS/Food Stamps
Employment & Training Allowance
$30,254
'lod.
MIMrrES OF REGULAR MEETING, NOVEMBER 6, 1989 ( CONTINUED)
Budget Amendment (Continued)
Debit
Credit
DSS/State & AFDC Foster Home
State Foster Home
Special Payments
$ 1,596
41,416
Purpose:
estimates
additional
Care.
To adjust state revenues as per the revised state
received September 13, 1989; and to appropriate
funds to Employment and Training Allowances and Foster
Approval of Budget Amendment #90-0078 - Health Department
The Commissioners approved the following Budget Amendment
and authorized the Chairman to execute the grant agreement:
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90-0078 Health Department/AIDS Awareness/Black Community
Debit
Credit
CDC/Minority Funds
Departmental Supplies
$11,469
1,766
Contracted Services
Telephone
Printing
Employee Reimbursement
Travel
$7,200
230
5
5,400
400
Purpose: To budget additional CDC/Minority grant funds. No
additional County funds are required.
Ratification of Proclamation Designating the Month of November
1989 As "Senior Citizens Month" in New Hanover County
Department of Aging
The Commissioners adopted a proclamation designating the
month of November 1989 as "Senior Citizens Month" in New Hanover
County.
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A copy of the proclamation is contained in Exhibit Book
XVII, Page 36.
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Amendment to Article VII of the New Hanover County Personnel
Policy
The Commissioners adopted an amendment to Article VII of the
New Hanover County Personnel Policy to accommodate the varied
operations of county departments as recommended by the Director
of Personnel.
Deletion of Personnel policies Relevant to Airport Employees
The Commissioners approved deletion of Article 14 (c), and
Article VIII, Section 4 in the New Hanover County Personnel
Policy as recommended by the Director of Personnel.
Amendment of Article I, Section 2(e) of the Personnel Policy
The Commissioners approved an amendment to Article I,
Section 2(e) of the New Hanover County Personnel Policy to
include the applicability of Article IV, Sections 1-8, to the
Social Services and Health Departments while deleting the
applicability of Sections 10 and 14 of Article IV. This
amendment was prepared and recommended by the Director of
Personnel.
Amendment of Article I, Section 3 of the New Hanover County
Personnel Policy
The Commissioners approved amending Article I, Section 3 of
the New Hanover County Personnel Policy to remove all references
to "permanent employment" as recommended by the Director of
Personnel.
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Authorization to Waive Grant Limit of Improvements in the
County's plumbing & Sewer Connection Assistance Program for a
Single Family Dwelling on Rogers Road
The Commissioners authorized waiving the $4,000 grant limit
on the County's Plumbing & Sewer Connection Assistance Program by
MINUTES OF REGULAR MEETING, NOVEMBER 6, 1989 ( CONTINUED)
705
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an additional $2,000 in order to properly improve a single family
dwelling on Rogers Avenue.
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DENIAL OF REQUEST BY THE THALIAN HALL CENTER FOR RELOCATION OF
ELECTRICAL VAULT IN PARKING LOT
Acting County Manager Gornto stated Carolina Power & Light
Company originally recommended moving the electrical vault to a
pad mount at a cost of $30,982; however, as of this date, they
have submitted another alternative which is to place the
transformer on a light pole located on Chestnut Street at a cost
of $20,550.
Commissioner Mathews expressed concern for the cost involved
with relocating the electrical vault and recommended painting the
building the same color as Thalian Hall and planting of shrubs
around the structure.
Motion: After
Ma thews MOVED,
building and
UNANIMOUSLY.
discussion of the cost involved, Commissioner
SECONDED by Commissioner Barfield to paint the
plant shrubs. Upon vote, the MOTION CARRIED
MEETING RECESSED TO HOLD A WATER & SEWER DISTRICT MEETING
Motion: Commissioner Corbett MOVED, SECONDED by Commissioner
Mathews to convene from Regular Session to hold a meeting of the
Water & Sewer District. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman Retchin convened from Regular Session at 7:31
o'clock P.M.
Motion: Commissioner Corbett MOVED, SECONDED by Commissioner
Mathews to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
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Chairman Retchin reconvened to Regular Session at 7:46
o'clock P.M.
WITHDRAWAL OF ITEM #10, A PUBI.IC HEARING TO CONSIDER REZONING
11.2 ACRES ON THE WEST SIDE OF U. S. HIGHWAY 17 SOUTH OF PORTERS
NECK ROAD TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-378)
Chairman Retchin announced the petitioner has withdrawn the
rezoning request.
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE FIVE (5) ACRES ON
THE EAST SIDE OF U. S. HIGHWAY 421 SOUTH APPROXIMATELY 900 FEET
NORTH OF THE CAPE BOULEVARD TO B-2 BUSINESS FROM R-15 RESIDENTIAL
AND B-1 BUSINESS (APPEALED CASE Z-391)
Chairman Retchin opened the Public Hearing.
Mr. Michael Jordan, Vice-Chairman of the New Hanover County
Planning Commission, presented background information on the
rezoning request stating the Planning Staff supported the
rezoning; however, the Planning Commission cast a tie vote which
resulted in denial of the rezoning request. He stated members of
the Planning Commission who voted to deny the request felt the
use was not compatible with lands classified "Resource
Protection" feeling that estuarine waters should be protected.
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Mr. David Barefoot, the Attorney representing the
peti tioner, expressed concern for the manner in which the tie
vote was cast by the Planning Commission. He stated when the
rezoning request was presented to the Planning Commission and
arguments had been presented with no one present in opposition to
the request, Mr. Jordan arrived late and was allowed to vote in
opposition to the request which resulted in a tie vote. He
cautioned against action of this type and emphasized the
importance of being fair to the petitioner, who now has to appeal
the request. I
Commissioner Barfield asked if the rezoning would negatively
impact on estuarine waters. Planning Director Hayes stated with
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70 SMlNUTES OF REGULAR MEETING, NOVEMBER 6, 1989 ( CONTINUED)
the significant wooded area left undisturbed between the site and
water, the rezoning would not negatively impact estuarine waters.
Chairman Retchin asked if anyone present would like to speak
in favor of the rezoning request. The following person
commented:
Attorney David Barefoot stated the property adjoins Carolina
Inlet Marina, and the petitioner has requested B-2 zoning in
order to establish a boat sales and service facility. He
requested approval of the request stating this use would be
compatible with the area.
Chairman Retchin asked if anyone present would like to speak
in opposition to the rezoning request. No one commented.
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Chairman Retchin closed the Public Hearing.
Motion: After discussion, Commissioner Corbett MOVED, SECONDED
by Commissioner Mathews to approve the B-2 zoning as requested by
the petitioner. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE
AMENDING THE ZONING MAP OF ZONING AREA
COUNTY, NORTH CAROLINA, ADOPTED April 4,
Zoning Book I, Section 4, Page 30.
COUNTY OF NEW HANOVER
NO . 4 OF NEW HANOVER
1971" is contained in
PUBLIC HEARING TO CONSIDER A REQUEST TO REZONE APPROXIMATELY
TWELVE ( 12) ACRES ON THE NORTHWEST SIDE OF U. S. HIGHWAY 17,
SOUTH OF MENDENHALL DRIVE AND NORTH OF COUNTRY HAVEN DRIVE TO 0&1
OFFICE AND INSTITUTION FROM R-15 RESIDENTIAL (Z-398 CONTINUED
ITEM, APPEALED CASE)
Chairman Retchin opened the Public Hearing.
Mr. Michael Jordan, Vice-Chairman of the Planning
Commission, stated the Planning Staff and Planning Commission 0
have recommended denial of this request concluding that O&I
zoning would be inconsistent with growth policies for location of
commercial facilities, promote strip zoning, and pose a threat to
surrounding residential projects. He also expressed concern for
storage of pest control chemicals on the site.
Chairman Retchin asked if anyone present would like to speak
in favor of the rezoning request. The following person
commented:
Attorney David Barefoot, representing the petitioner, stated
his client purchased the property five years ago and experienced
problems with renting the house located on the site. He then
moved his pest control business into the house and requested
rezoning of a 2-acre tract in 1985 which was denied. He
continued to use the property for his business and was recently
informed by the County's Zoning Enforcement Officer that the
present use is non-conforming and is in violation of the Zoning
Ordinance. Attorney Barefoot stated his client was wrong;
however, with recent commercial development in this area the
property is not suitable for residential use and should be
rezoned.
Chairman Retchin asked if anyone present would like to speak
in opposition to the rezoning request. No one commented. r-
Chairman Retchin closed the Public Hearing. l~
Motion:
desirable
rezoning
SECOND.
Commissioner Barfield
for residential use
request. The MOTION
stated the property is not
and MOVED to approve the O&I
FAILED DUE TO NOT RECEIVING A
Motion: Vice-Chairman 0' Neal MOVED to deny the
support the conclusions of the Planning Commission.
FAILED DUE TO NOT RECEIVING A SECOND.
request and
The MOTION
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MINUTES OF REGULAR MEETING, NOVEMBER 6, 1989 ( CONTINUED)
707
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Chairman Retchin expressed concern for strip zoning and
recommended reducing the amount of property to be zoned O&I
stating this would allow the business to operate as a conforming
use and at the same time protect the residential area. Attorney
Barefoot stated the petitioner would be willing to accept a
reduction in the amount of property to be rezoned O&I.
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Motion: After further discussion, Commissioner Corbett MOVED,
SECONDED by Commissioner Mathews to rezone the portion of
property between Sweetwater Drive and County Haven Drive to O&I
which will allow the present business to operate as a conforming
use. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY
AMENDING THE ZONING MAP OF ZONING AREA NO. 5
COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971,"
Zoning Book I, Section 5, Page 19.
OF NEW HANOVER
OF NEW HANOVER
is contained in
PUBLIC HEARING TO CONSIDER A TEXT AMENDMENT TO ALLOW BY SPECIAL
USE PERMIT "INDOOR/OUTDOOR RECREATION ESTABLISHMENTS COMMERCIALLY
OPERATED IN RA, AR, R-20, R-15, AND R-10 RESIDENTIAL DISTRICTS
(A-209)
Chairman Retchin opened the Public Hearing.
Mr. Michael Jordan, Vice-Chairman of the Planning
Commission, stated at the Commissioners' Meeting of October 2,
1989, the petitioner requested commercial rezoning to permit a
golf driving range. With very little support for commercial
rezoning, the Commissioners recommended the use be granted
through a Special Use Permit which would require a Text Amendment
to the Zoning Ordinance . The Planning Staff was directed to
prepare the appropriate Text Amendment for presentation to the
Planning Commission. On October 5, 1989, the Text Amendment was
approved by the Planning Commission.
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,Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the proposed
Text Amendment. No one commented.
Chairman Retchin closed the Public Hearing.
Planning Director Hayes requested a change in Condition #5
of the proposed Text Amendment to read as follows:
5. Access to the site shall be to a US or NC numbered
road or to a collector road as designated on the
New Hanover Thoroughfare Classification Plan.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Mathews to approve the Text Amendment allowing by Special Use
Permit "Indoor/Outdoor Recreation Establishments Commercially
Operated" in RA, AR, R-20, R-15, and R-10 Residential Districts
and to amend Condition #5 as requested by the Planning Director.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969," is contained in Exhibit Book XVII, Page
36.
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PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR
ESTABLISHMENT OF A GOLF DRIVING RANGE, MINI GOLF AND RELATED
ACTIVITIES ON 12 ACRES OF PROPERTY LOCATED ON THE WEST SIDE OF
SOUTH COLLEGE ROAD, 1000 FEET SOUTH OF TROMBAY DRIVE (S-304)
Chairman Retchin opened the Public Hearing. He requested
anyone present wishing to testify to step forward to be sworn in
by the Clerk to the Board. The following persons were sworn in:
Mr. William T. Miars
Mr. Kevin J. Hoban, the Petitioner
Planning Director Hayes presented the Planning Staff's
findings as follows:
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7 b EfINUTES OF REGULAR MEETING, NOVEMBER 6, 1989 ( CONTINUED)
GENERAL REQUIREMENT NO.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:
a. The site is located in the Myrtle Grove VFD District.
b. Access to the site is available directly to South
College Road.
GENERAL REQUIREMENT NO.2: The proposed use meets all required
conditions and specifications listed in the Ordinance as follows:
a. Indoor/outdoor recreation establishments commercially
operated are permitted by special use permit confer-
ment in the R-15 Residential District.
b. The site development includes: a mini-golf putt-putt;
a golf driving range, golf shop, and off-street
parking.
c. A buffer on the southern and northern boundaries of
unknown dimensions is also proposed to screen the use
from adjoining residential properties.
d. Two (2) signs, also of unknown dimensions, are
proposed.
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GENERAL REQUIREMENT NO.3: The proposed 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. The site is bordered on the south by electric utilities
(CP&L) and an abandoned sewage treatment facility to
the west. The property immediately to the north is
vacant.
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GENERAL REQUIREMENT NO.4: The proposed 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:
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a. The properties immediately adjacent to this tract
are either used for non-residential purposes or are
vacant.
Planning Director Hayes stated if the Special Use Permit is
granted, the Planning Staff would recommend consideration of the
following conditions:
1. The facility should not operate past 11:00 P.M. to
minimize lighting effects in the area.
2. Lighting on the site to facilitate night-time use should
be directed away from adj oining residential properties to the
north and south.
3. Signage should be limited to one (1) ground sign not to
exceed 32 square feet. It may be lighted.
4. If the golf shop is permitted, its retail services
should be limited to the normal operation of the driving range.
General retail sales of golf equipment is more appropriate in a
business zone, not on a driving range in a residential district.
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5. Provide a buffer yard along the northern and southern
boundaries at least 30 feet in width. Since the site is heavily
wooded, the ideal buffer would be leaving the existing vegetation
in its natural state.
Chairman Retchin asked if the petitioner or anyone present
would like to speak in favor of granting the Special Use Permit.
The following persons commented:
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MINUTES OF REGULAR MEETING, NOVEMBER 6, 1989 (CONTINUED)
709
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Mr. William T. Miars, a realtor representing the petitioner,
stated Mr. Hoban, agrees with the findings as presented with the
exception of Condition # 4. He requested the Commissioners to
allow the sale of golf related items to include shoes, bags,
clubs, etc. stating this will be a very limited operation and is
essential to the economic future of the business.
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Chairman Retchin commented on the size of the retail shop.
Mr. Miars stated the entire building is 1,500 sq. feet with half
of the building to be used for storage and maintenance and the
remainder of space for offices, restrooms, and retail sales.
Discussion was held on the hours of operation. Commissioner
Corbett requested limiting the hours of operation to 10:00 P.M.
during the week.
Mr. Kevin Hoban, the petitioner, requested the hours of
operation to remain at 11:00 P.M., particularly during the summer
months.
Chairman Retchin asked if anyone present would like to speak
in opposition to granting the Special Use Permit. No one
commented.
Chairman Retchin closed the Public Hearing.
Motion: After discussion of
"shall" throughout the Special
MOVED, SECONDED by Commissioner
Permit subject to the following
changing the word "should" to
Use Permit, Vice-Chairman O'Neal
Barfield to grant the Special Use
conditions:
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1. The facility shall not operate past 11:00 P.M. to
minimize lighting effects in the area.
2. Lighting on the site to facilitate night-time use
shall be directed away from adjoining residential
properties to the north and south.
3. Signage shall be limited to one ground sign not
to exceed 32 square feet. It may be lighted.
4. The sale of golf related items shall be permitted
but will be limited to a structure on the site not
to exceed 1,500 square feet of floor area.
5. Provide a buffer yard along the northern and south-
ern boundaries at least 30 feet in width.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the Special Use Permit is contained in SUP Book I,
Page 40.
PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO
LOCATE A MOBILE HOME ON THE WEST SIDE OF U. S. HIGHWAY 117
(CASTLE HAYNE ROAD) APPROXIMATELY 865 FEET SOUTH OF HORNE PLACE
DRIVE (S-305)
Chairman Retchin opened the Public Hearing. He asked
persons wishing to- testify to step forward to be sworn in by the
Clerk to the Board. The following persons were sworn in:
Mr. Edwin Ennis, Jr.
Ms. Fran Russ
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Planning Director Hayes presented the Planning Staff's
findings as follows:
GENERAL REQUIREMENT NO.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:
a. The site is located in the Wrightsboro VFD District.
b. Access to the site is available to U. S. 117 (Castle
Road) .
c. Water and sewer service can be provided via wells and
septic tanks.
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MINUTES OF REGULAR MEETING, NOVEMBER 6, 1989 (CONTINUED)
710
GENERAL REQUIREMENT NO.2: The proposed use meets all required
conditions and specifications based upon the following findings:
a. A mobile home is permitted in the R-20 Residential
District by Special Use Permit.
b. The site contains approximately 20 acres more than
enough to accommodate one (1) mobile home.
GENERAL REQUIREMENT NO.3: The proposed use will not
substantially injure the value of adjoining or abutting property
based upon the following findings:
a. The proposed mobile home is for temporary use while the
owner pursues construction of a single-family structure
on the site.
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b. Property to the east and south is used for non-
residential purposes. Also, a portion of the subject
property is zoned B-1 Business.
GENERAL REQUIREMENT NO.4: The proposed 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
conformi ty with the plan of development for New Hanover County
based upon the following findings:
a. Although the predominant use of land on nearby proper-
ties is primarily single family residential, there are
mobile homes in the vicinity. The mobile home is pro-
posed for only temporary use while the applicant con-
structs a single-family structure on the same lot.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of granting the Special Use Permit.
The following persons commented:
Mr. Edwin Ennis, Jr., the petitioner, requested approval of 0
the Special Use Permit in order for him to construct his home
without having to obtain a mortgage. ~-
Ms. Fran Russ, representing the Seitter Heirs as adj acent
property owners on the north side of the property, stated no one
objected to placement of the mobile home for a short period of
time; however, she would request that a time limit be placed on
the use.
Mr. Ennis requested establishing a date of two years.
Chairman Retchin asked if anyone from the general public
would like speak in opposition to granting the Special Use
Permit. No one commented.
Chairman Retchin closed the Public Hearing.
Motion: After discussion of establishing a time frame and the
possibility of the mobile home being rented to someone other than
the owner, Commissioner Corbett MOVED, SECONDED by Commissioner
Barfield to grant the Special Use Permit based upon the findings
of fact as presented subject to the following conditions: (1)
the mobile home must be removed from the site not later than two
years from November 6, 1989; and (2) the mobile home shall be
used only by the owner of the property, Mr. Edwin Ennis, Jr. and r-
his family. Upon vote, the MOTION CARRIED UNANIMOUSLY. I
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A copy of the Special Use Permit is contained in SUP Book I,
Page 40.
PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE BY
ESTABLISHING CONDITIONAL USE DISTRICT ZONING AS RECOMMENDED BY
THE AD HOC CONDITIONAL USE COMMITTEE (A-196)
Chairman Retchin opened the Public Hearing.
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MINUTES OF REGULAR MEETING, NOVEMBER 6, 1989 (CONTINUED)
7-11 "
Mr. William C. Howard, Jr., Chairman of the Ad Hoc
Conditional Use District Committee, stated the Committee does
recommend that New Hanover County adopt Conditional Use Districts
to lend flexibility in land use. He presented two versions of
the proposed ordinance and recommended adopting Version 1 because
it presents the proposal in a more direct manner by placing the
ordinance in a new Article.
Chairman Retchin complimented Mr. Howard and his committee
for an excellent job in preparing the ordinance.
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Commissioner Mathews complimented Mr. Howard and the
committee for an excellent job in preparing the documents and
called attention to Version 1, Section 143-3, Paragraph 4, "No
petition/application shall be accepted until the expiration of
twelve (12) months from the date of final action on the last
previous rezoning petition, general or Conditional Use, for any
portion of the tract included in the present
petition/application," stating this appears to be an excellent
recommendation.
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Commissioner Corbett asked Planning Director Hayes to
express his opinion of Conditional Use District zoning. Planning
Director Hayes stated after administering Conditional Use
District zoning for five years, he feels this type of zoning is
most attractive in the beginning; however, in 10-15 years, this
form of zoning creates a hodgepodge of various site specific
regulations for each unique piece of property which hampers
comprehensive long-range planning. He stated many counties and
cities who have used Conditional Use District zoning for a number
of years are now trying to abolish the number of conditional use
zonings due to short term changes in commercial activities. With
this type of zoning, the Board of Commissioners are required to
take action for change of a business on a piece of property in
lieu of simply obtaining a permit in traditional types of zoning.
Chairman Retchin stated New Hanover County is small
geographically and should not receive numerous requests for
conditional use zoning. He stressed the importance of having a
form of zoning which will allow a certain type of business to
operate on a piece of property without having to approve blanket
zoning for the entire area.
Planning Director Hayes cautioned approving more commercial
requests through this type of zoning, and he requested the
Commissioners to consider the amount of land available for
commercial development in New Hanover County and ask themselves,
if this type of zoning is necessary?
Commissioner Barfield commented on the vagueness of the Land
Use Plan in addressing undeveloped areas of the County and
recommended updating the plan stating until this issue is
addressed, conditional use zoning is needed.
Mr. H9ward stated conditional use zoning should not be used
too frequently and should be used to provide a transitional form
of zoning in already poorly zoned areas. He stated the 1991
Update of the Land Use Plan will begin shortly and should focus
on undeveloped areas of the County.
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Chairman Retchin asked if anyone from the general public
would like to speak in opposition to the Text Amendment. No one
commented.
Chairman Retchin closed the Public Hearing.
Discussion was held on the selection of Version 1 versus
Version 2. Planning Director Hayes requested the Commissioners
to consider Version 2 since this proposal incorporates
Conditional Use Zoning into the Zoning Ordinance. He emphasized
the importance of definition, administration, and enforcement
stating Version I establishes different administrative,
enforcement and notice procedures.
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MINUTES OF REGULAR. MEETING, NOVEMBER 6, 1989 ( CONTINUED)
712
Motion Made and Withdrawn: Commissioner Corbett MOVED, SECONDED
by Commissioner Barfield to approve the Text Amendment
establishing a Conditional Use Zoning District under Version 2 as
recommended by the Planning Director. The floor was opened for
discussion.
Planning Director Hayes stated changes in Version 2 have not
been reviewed by the Planning Commission; therefore, action
should not be taken until a recommendation is presented by the
Planning Commission to the Board of Commissioners.
Commissioner Corbett WITHDREW THE MOTION.
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Consensus: It was the consensus of the Board to defer action on
this item until Version 2 has been reviewed by the Planning
Commission with a recommendation being presented to the
Commissioners at the first meeting in January 1990.
PUBLIC HEARING TO CONSIDER A REQUEST TO SYSTEMATICALLY ASSIGN
HOUSE NUMBERS TO PRIVATE ROADS IN THE MYRTLE GARDENS TRAILER PARK
COMMUNITY
Chairman Retchin opened the Public Hearing.
Planning Director Hayes commented on the request stating
roads in this community were just recently renamed; therefore,
house numbers should be systematically assigned.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the
assignment of house numbers. No one commented.
Chairman Retchin closed the Public Hearing.
Motion: Commissioner Barfield MOVED, SECONDED, by Vice-Chairman
O'Neal to adopt the ordinance assigning house numbers to private
roads in the Myrtle Gardens Trailer Park Community. Upon vote, O.
the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is contained in Exhibit Book XVII,
Page 37.
PUBLIC HEARING TO CONSIDER A REQUEST BY THE PLANNING DEPARTMENT
TO RENAME RAILROAD ROAD TO BUMP ALONG ROAD AND ELIOT DRIVE TO
WOLFE LANE (SN 52, 53)
Chairman Retchin opened the Public Hearing.
Planning Director Hayes commented on the duplication of
roads stating the proposed names came from property owners living
in the area.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the road
renaming requests. No one commented.
Chairman Retchin closed the Public Hearing.
Motion: Commissioner Corbett MOVED, SECONDED by Vice-Chairman
O'Neal to rename Railroad Road to Bump Along Road and Eliot Drive
to Wolfe Lane. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Copies of the orders are contained in Exhibit Book XVII,
Page 37.
PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE BY
ADOPTING A TWELVE MONTH AMORTIZATION PERIOD (JUNE 5, 1989 - JUNE
5, 1990) FOR NON-CONFORMING FAMILY USES (A-204)
Chairman Retchin opened the Public Hearing.
[
Mr. Mich?el Jordan, Vice-Chairman of the Planning
Commission, presented background information on the proposed Text
Amendment stating the Planning Commission voted unanimously to
approve the request feeling that a period of twelve (12) months
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MINUTES OF REGULAR MEETING, NOVEMBER 6, 1989 (CONTINUED)
7/3 "
would allow ample time to correct non-conforming family uses by
the new definition adopted on June 5, 1989.
Chairman Retchin asked if anyone present would like to speak
in favor of or in opposition to the rezoning request. The
following person commented:
Mr. J. H. Medlin, the petitioner and Director of the College
Acres Homeowners' Association, urged the Commissioners to adopt
the Text Amendment in order to have a tool for enforcement of the
new definition of "family" which reduced the total number of
unrelated persons living in a dwelling from five to three.
Chairman Retchin closed the Public Hearing.
Motion: After discussion, Commissioner Corbett MOVED, SECONDED
by Commissioner Mathews to adopt the Text Amendment as
recommended by the Planning Commission which will add Section
69.14 to the Zoning Ordinance to read as follows: "All existing
family uses shall conform with the new definition of Family,
Section 23-12 by June 5, 1990". Upon vote, the MOTION CARRIED AS
FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner Corbett
Commissioner Mathews
Chairman Retchin
Voting Nay: Vice-Chairman O'Neal
Vice-Chairman 0' Neal stated, for the record, he voted no
feeling that disorderly conduct cannot be stopped by adopting
unnecessary laws and policies.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969," is contained in Exhibit Book XVII, Page
37.
PUBLIC HEARING TO CONSIDER AMENDING THE THOROUGHFARE
CLASSIFICATION MAP BY RECLASSIFYING WRIGHTSVILLE AVENUE 1\ND
SIDBURY ROAD TO COLLECTORS FROM ARTERIALS AND TO MODIFY AMENDMENT
PROCEDURES TO REQUIRE NOTIFICATION OF PROPERTY OWNERS ALONG ROADS
PETITIONED FOR ADDITION TO THE MAP OR RECLASSIFICATION
Chairman Retchin opened the Public Hearing.
Planning Director Hayes stated the purpose of the
Thoroughfare Classification Plan is to determine the need to
update access and locational criteria for high density
development in the County. Based on a study by the Planning
Staff, it is recommended that Wrightsville Avenue and Sidbury
Road be removed from the list and reclassified from arterials to
collectors. In absence of plans to improve Wrightsville Avenue,
the County should not continue to place increasing traffic
burdens along this road, and Sidbury Road is not eligible for
high density development due to no water and sewer in the area.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the proposed
request. The following person commented:
Mr. Doug Cavileer, representing the Surrey Downs Homeowners'
Association, urged the Commissioners to adopt the proposed
reclassification stating Wrightsville Avenue cannot continue to
receive increasing amounts of traffic.
Chairman Retchin closed the Public Hearing.
Motion: After discussion, Vice-Chairman O'Neal MOVED, SECONDED
by Commissioner Corbett to approve the Text Amendment
reclassifying Wrightsville Avenue and Sidbury Road to
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MINUTES OF REGULAR MEETING, NOVEMBER 6, 1989 ( CONTINUED)
"collectors" from arterials.
UNANIMOUSLY.
Upon vote, the MOTION CARRIED
Motion: After discussion of changing the notification procedures
of road reclassification, Commissioner Corbett MOVED, SECONDED by
Vice-Chairman 0' Neal to adopt the Text Amendment deleting the
reference in Section (1) "...and must be accompanied by a $25 fee
to cover advertising costs; " and adding Section B. to read as
follows: "Add (3) the notification procedures outlined in Section
110-2(4) (a)-(e) of the County Zoning Ordinance shall be followed
for any petition to reclassify a street or to add a street to the
Thoroughfare Classification Map, including a filing fee of one
hundred dollars ($100.00)." Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, AMENDING THE THOROUGHFARE CLASSIFICATION PLAN AND MAP
OF NEW HANOVER COUNTY ADOPTED JUNE 4, 1979" is contained in
Exhibit Book XVII, Page 37.
PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE BY
CLARIFYING DENSITY CALCULATIONS FOR HIGH DENSITY AND PLANNED
DEVELOPMENTS AND TO DEFINE OPEN SPACE (A-206)
Chairman Retchin opened the Public Hearing.
Planning Director Hayes stated this request was originated
by the Planning Commission to clarify density limits and
calculations for Planned Development and High Density
Development. The changes eliminate contradictory language found
in the Zoning Ordinance for density limits on lands classified
Resource Protection and slightly modify other density allowances
to promote consistency. The open space is clearly defined to
eliminate confusion as to what constitutes eligible open space.
He stated the Planning Commission voted unanimously to approve
the Text Amendment.
Discussion was held on open space and streets. Planning n
Director Hayes stated with adoption of the Text Amendment, the l.--/
ratio will be changed without subtraction for road and streets
being included in the formula.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the proposed
Text Amendment. No one commented.
Chairman Retchin closed the Public Hearing.
Motions: After discussion, Commissioner Barfield MOVED, SECONDED
by Commissioner Mathews to adopt the proposed text changes as
follows:
Modify the Density Factor Table under Section 69.4 (3) O&I
as follows:
District
R-10
R-15
R-20
O&I
PD (inside Transition area)
PD (outside Transition area)
Density Factor
17 units/acre
10.2 units/acre
4.25 units/acre
10.2 units/acre
4.25 units/acre
2.5 units/acre
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Modify 53.5-2(6)(A) by changing the density factor
inside the Transition area to 4.25 units per acre
and outside the Transition area to 2.5 dwelling
units per acre.
Modify 53.5-2(6)(C) by changing the density factor
from 4.25 to 10.2 dwelling units per acre and from
10.2 to 17 dwelling units per acre.
Modify 69.4(3)C.3.(e)
smaller than 1,000 sq.
by adding, "Land areas
ft. and parking lots may
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MINUTES OF REGULAR MEETING, NOVEMBER 6, 1989 ( CONTINUED)
715
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not be counted as satisfying the minimum open
space requirement."
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969," is contained in Exhibit Book XVII, Page
37.
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PUBLIC HEARING TO CONSIDER AMENDING THE ZONING ORDINANCE BY
CHANGING THE SUBMISSION DEADLINE FOR ZONING TEXT AND ZONING MAP
AMENDMENTS TO NO LATER THAN TWENTY WORKING DAYS PRIOR TO A
PLANNING BOARD MEETING (A-207)
Chairman Retchin opened the Public Hearing.
Planning Director Hayes commented on the proposed Text
Amendment stating the Planning Commission felt that twenty (20)
working days instead of fifteen (15) working days would allow
more time to prepare agenda packages for hearing proposed zoning
map and text changes.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the proposed
Text Amendment. No one commented.
Chairman Retchin closed the Public Hearing.
Motion: Commissioner Barfield MOVED, SECONDED by Chairman
Retchin to adopt the proposed Text Amendment changing the
deadline submission for zoning text and zoning map amendments
from fifteen (15) to twenty (20) days 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, NORTH
CAROLINA, AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969," is contained in Exhibit Book XVII, Page
37.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Report on Public Forum Hosted by the New Hanover County Board of
Education
Commissioner Corbett commented on the Public Forum sponsored
by the New Hanover County Board of Education stating it was an
excellent way for teachers, parents, school officials, and
members of the Board of Education to communicate. He
complimented the Board of Education for sponsoring a forum which
allowed all concerned persons to comment stating many difficult
decisions have to be made by this Board.
Discussion of Scheduling a One-Day Saturday Retreat
Commissioner Corbett recommended scheduling a one-day
Saturday retreat to discuss long-range planning.
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Consensus: After discussion, it was the consensus of the Board
to request the Acting County Manager to select a suitable
location and prepare an in-town Saturday retreat in January or
February 1990 with preparation of an agenda to address long-range
planning.
Report on Fund Raiser for Hospitality House
Vice-Chairman O'Neal stated the fund raiser for Hospitality
House was quite successful and tasty.
Report on Visit to Travis County Board of Commissioners Meeting
in Austin, Texas
Commissioner Mathews commented on visiting a Travis County
Board of Commissioners meeting in Austin, Texas. He presented
the following observations:
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718tINUTES OF REGULAR MEETING, NOVEMBER 6, 1989 ( CONTINUED)
2.
The Sound System was piped into the hallway outside
of the meeting room to inform persons of the item
being discussed.
Each Commissioner is furnished a telephone at his
desk.
Votes are recorded by a show of hands only.
1.
3.
4. Two meetings are held per week with a Work Session
on Tuesday from 9:00 A.M. to 2:00 P.M. and a Voting
Session on Wednesday from 9:00 A.M. until completed.
5. Special seating areas are designated for the news
media and a platform provided for TV cameras.
[]
6. Six absentee voting locations are provided by the
Board of Elections in shopping centers throughout
the County two weeks before election day.
Commissioner Mathews stated the absentee voting procedure
has just been established and the purpose of the process is to
encourage more people to exercise their right to vote.
Discussion of Heading for Agendas
Discussion was held on listing names and titles of the
Commissioners on the cover sheet of the agenda. Clerk to the
Board, Lucie F. Harrell, stated the print shop is in the process
of designing a heading which should be ready within the next two
weeks.
Consensus: I t was the
Commissioners' names on
meeting in January 1990.
consensus of the Board to
the agenda beginning with
list the
the first
EXECUTIVE SESSION n
Chairman Retchin stated the County Attorney has requested an
Executive Session to discuss a client/attorney matter. .
Motion: Commissioner Mathews MOVED, SECONDED by Commissioner
Corbett to convene to Executive Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Retchin convened to Executive Session at 9:40
o'clock P.M.
Motion: Commissioner Corbett MOVED, SECONDED by Commissioner
Barfield to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Retchin reconvened to Regular Session at 9:50
o'clock P.M.
ADJOURNMENT
Motion: Commissioner Corbett MOVED, SECONDED by Commissioner
Barfield to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 9:52 o'clock P.M.
Respectfully submitted,
~v:~
Lucie F. Harrell
Clerk to the Board
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