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HomeMy WebLinkAbout1989-11-06 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. I 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. I 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. C. this our 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: I 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 I j 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. r-- I I l_~ 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 ,-. " " 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. "----- 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. I' 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. ~ 'I 1 'I MINUTES OF REGULAR MEETING, NOVEMBER 6, 1989 ( CONTINUED) ?tt~'~ ~ 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: r l_-,' 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. I~ A copy of the proclamation is contained in Exhibit Book XVII, Page 36. l ___ 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. r--"\ I l_ 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 ., an additional $2,000 in order to properly improve a single family dwelling on Rogers Avenue. I 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. I 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. I 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 J 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. o 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 ~ MINUTES OF REGULAR MEETING, NOVEMBER 6, 1989 ( CONTINUED) 707 ., 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. I 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. I ,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. I 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: j 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. [] 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. I, 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: [] I II 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. [ 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: \ ~ MINUTES OF REGULAR MEETING, NOVEMBER 6, 1989 (CONTINUED) 709 ., 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. I 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: I 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 I 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. j 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. n 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 I ,- ---' 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. ~ 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. I 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. I 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. I 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. ~ 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. [J 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 ~ I I I ~ 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 '" ?/'f . 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. (' I ' "--/ 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 Ir-'\ I , I L) 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 ... MINUTES OF REGULAR MEETING, NOVEMBER 6, 1989 ( CONTINUED) 715 ., 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. I 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. I 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. I 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: ...~ 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 [ ,. I I , I I ~