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HomeMy WebLinkAbout1990-01-02 Regular Meeting 768 MINUTES OF REGULAR MEETING, JANUARY 2, 1990 ASSEMBLY The New Hanover County Board of cormnissioners met in Regular Session on Tuesday, January 2, 1990, at 7:30 o'clock P.M. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present were: cormnissioners Jonathan Barfield, Sr.; E. L. Mathews, Jr.; Nolan O'Neal; Vice-Chairman W. Albert Corbett, Jr.; 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 wished everyone present a Happy New Year. He announced that time limits have been placed on each agenda item and requested persons present who wish to cormnent to limit their remarks in order to comply with the time constraints. o INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Charles Hause, Pastor of Wesley Memorial United Methodist Church, gave the invocation. Chairman Retchin led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Motion: vice-Chairman Corbett MOVED, SECONDED by Cormnissioner Mathews to approve the minutes of the Regular Meeting of December 18, 1989, as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NON-AGENDA ITEMS Chairman Retchin asked if anyone present would like to speak on an item not listed on the Regular Agenda or an item listed on the Consent Agenda. No one cormnented. o APPROVAL OF CONSENT AGENDA Motion: Cormnissioner Barfield MOVED, SECONDED by Vice-Chairman Corbett to approve the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA ITEMS Approval of Maintenance Agreement Between New Hanover County and Biomedical Alternatives of VA, Inc. - Emergency Medical Services The cormnissioners authorized renewal of a maintenance agreement in the amount of $6,600 between New Hanover County and Biomedical Alternatives of VA, Inc. for maintenance of cardiac care equipment. The agreement will begin February 1, 1990, and end January 31, 1991. Budget Amendment #90-0114 Reported for Entry Into the Record - Sheriff's Department The following Budget Amendment was reported for entry into the record: 90-0114 Sheriffj911 System Installment Loan Proceeds Capital Outlay Debit $33,200 Credit $33,200 o Purpose: To record purchase of channel recorders for 911 System through installment purchase. (For accounting purposes only.) Budget Amendment #90-0115 Reported for Entry Into the Record - Department of Social Services The following Budget Amendment was reported for entry into the record: \ ~ MINUTES OF REGULAR MEETING, JANUARY 2, 1990 (CONTINUED) 769 ., 90-0115 Department of Social Services Debit Credit Installment Loan Proceeds $3,850,000 Land Costs Building $ 500,000 3,350,000 I Purpose: To record purchase of DSS building through installment sales transaction. (For accounting purposes only.) Approval of Budget Amendment #90-0116 Garage Debit Credit Garage Charges $ 100,000 Purchase for Inventory $ 100,000 Purpose: To budget additional funds needed for auto repairs through June 1990. Repairs and purchase of parts for County cars were more than anticipated. Funds from departmental budgets have been used to cover the additional expenses. Approval of Budget Amendment #90-0117 New Hanover County Library The Commissioners approved the following Budget Amendment: 90-0117 Library Debit Credit I Library Fines and Fees $9,200 Capital Outlay - Equipment $9,200 Purpose: To replace the existing exterior doors with automatic doors on the parking lot side of the Library. Acceptance of North Carolina Humanities Council Grant and Approval of Budget Amendment #90-0119 New Hanover County Library The Commissioners accepted the North Carolina Humanities Council grant for the County Library in the amount of $1,000 and approved the following Budget Amendment: 90-0119 Library Debit Credit N. C. Humanities Council Grant $1,000 Contracted Services $1,000 Purpose: To budget grant funds received for a lecture series entitled, "Rebirth of a Nation" on the Civil War and Reconstruction periods. I Approval of Budget Amendment #90-0121 - Department of Aging The Commissioners approved the following Budget Amendment: 90-0121 Department of Aging Debit Credit FEMA Grant $3,500 FEMA - Meals $3,500 Purpose: Act (FEMA) required. To establish budget for Federal Emergency Management home-delivered meals program. No County funds are ~ 770MINUTES OF REGULAR MEETING, JANUARY 2, 1990 (CONTINUED) Approval of Budget Amendment 190-0122 - Steam Plant Expansion _ Engineering Department The Commissioners approved the following Budget Amendment: 90-0122 Steam Plant Expansion Debit Credit Interest on Investments $1,500,000 Contingency $1,500,000 r-'\ Purpose: Budgeting of interest on investments for the Steam Plant Expansion Capital Project. ~j Adoption of Resolution Adding a Portion of Marne Drive to the State Secondary Road System The Commissioners adopted a resolution adding a portion of Marne Drive in Glenwood II Subdivision (Division File #632-N) to the State Secondary Road System. A copy of the resolution is contained in Exhibit Book XVII, Page 41. Approval for Release Capital Projects The Commissioners Recreation impact fees of Parks & Recreation Impact Fees for approved the release of $70,000 in Parks & for the following Capital Projects: Blair Noble Park - Concession Stand Addition Hugh MacRae Athletic Field - Lights for two Ball Fields Myrtle Grove Middle School Park - Concession/Rest Rooms Total $ 8,500 32,000 29,000 $70,000 PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY FOUR (4) ACRES ON THE EAST SIDE OF U. S. HIGHWAY 117 (CAPE FEAR PLAZA) NORTH OF n 23RD STREET TO B-2 BUSINESS FROM B-1 BUSINESS (Z-393) Chairman Retchin opened the Public Hearing. ~I Commissioner Mathews asked to be excused from discussing or voting on this issue due to his involvement with the company seeking the rezoning request. Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner Barfield to excuse Commissioner Mathews from voting on the rezoning request. Upon vote, the MOTION CARRIED UNANIMOUSLY. Planning Director Hayes presented background information on the rezoning request stating the property includes the Cape Fear Plaza Shopping Center which is currently zoned B-1 Business. He stated the Planning Commission concluded that existing land uses and the site's location and proximity to U. S. Highway 117 make B-2 Business Zoning more appropriate. Also, retail and services provided by the Plaza go beyond a neighborhood business service area; therefore, the Planning Commission voted unanimously to approve the B-2 rezoning. He recommended approval of the request if there is no one present to speak in opposition to the proposed rezoning. Chairman Retchin asked if anyone present would like to speak in opposition to the rezoning request. No one commented. Chairman Retchin closed the Public Hearing. L n J Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner Barfield to approve the B-2 zoning request as recommended by the Planning Staff and Planning Commission. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner O'Neal Vice-Chairman Corbett Chairman Retchin ~ MINUTES OF REGULAR MEETING, JANUARY 2, 1990 (CONTINUED) - - . " 7.7,1 Excused: Commissioner Mathews A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 10-A OF NEW HANOVER COUNTY / NORTH CAROLINA, ADOPTED JULY 1 / 1974" is contained in Zoning Ordinance Book 2/ Section 10-A, Page 20. I PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 2 1/4 ACRES ON THE SOUTHEAST SIDE OF U. S. HIGHWAY 17 (MARKET STREET), ADJACENT TO COBLE DAIRY TO B-2 BUSINESS FROM R-15 RESIDENTIAL (Z-395) Chairman Retchin opened the Public Hearing. Planning Director Hayes presented background information on the proposed rezoning stating the property is surrounded on three sides by commercial zoning. The Planning Staff felt that residential sites to the back of property would not be impacted since commercial zoning presently exists on two sides of the lot. The Planning Commission asked if the adjoining residential lots could be included in the B-2 rezoning; however, it was agreed that individual property owners should make such a request. Director Hayes stated the Planning Commission unanimously approved the rezoning and recommended approval of the request if there is no one present to speak in opposition to the B-2 zoning. Chairman Retchin asked if anyone present would like to speak in opposition to the rezoning request. No one commented. Chairman Retchin closed the Public Hearing. Motion: After discussion of access to the property, Vice-Chairman Corbett MOVED, SECONDED by Commissioner Mathews to approve the B-2 zoning request as recommended by the Planning Commission and Planning Staff. Upon vote / the MOTION CARRIED UNANIMOUSLY. I A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 9B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972" is contained in Zoning Ordinance Book II, Section 9-B, Page 67. PUBLIC HEARING TO CONSIDER REZONING THE B-1 BUSINESS DISTRICT AT THE INTERSECTION OF MASONBORO SOUND ROAD, MASONBORO LOOP ROAD AND PINE GROVE DRIVE TO R-15 RESIDENTIAL (Z-394, AN APPEAL) Chairman Retchin opened the Public Hearing. Mr. Michael Jordan, Vice-Chairman of the Planning Commission, presented baCkground information stating the petition was initiated by the Planning Commission as a result of a related petition filed to expand the B-1 District in the southeast corner of Masonboro Loop Road, Masonboro Sound Road, and Pine Grove Drive. In the latter case, the request was denied. In the latest rezoning effort, the Planning Staff recommended elimination of the B-1 District at this intersection except for a two (2) acre area in the southern quadrant. After discussion, the Planning Commission had mixed views on the appropriate district configuration and various motions made with no action taken. I Planning Director Hayes stated the rezoning is an appeal of the residents of the community who feel commercialization would be enVironmentally unsound and threaten historic residential structures. He stated since the time of the appeal, permits have been issued under the present B-1 zoning to the Trask family for construction of a Shopping center to be completed within the next six (6) months. Chairman Retchin asked if anyone from the general public would like to speak in opposition to the rezoning request. The fOllOWing persons commented and made the fOllowing presentations: Ms. Joan Canterbury, a resident of 105 Buccaneer Road, commented on the need to preserve the community, the convenient location of nearby businesses, the quality of life, and the ~ 772 MINUTES OF REGULAR MEETING, JANUARY 2, 1990 (CONTINUED) potential traffic hazard at this intersection. Mr. Wilford Spencer commented on the soils in the area stating most of the soil is classified as a craven fine soil with a slow infiltration rate. He expressed concern for the increased water run-off from commercial development stating this run-off will impact negatively on Hewlett's Creek and the present drainage problems in this area. Ms. Mona Smalley, a resident of Pirate Cove, commented on the historical significance of this area stating the Masonboro Sound community is in the process of being included in the Federal Registry as a Historical District. She stressed the importance of allowing this area not to become commercially developed and requested the Commissioners to approve the R-15 rezoning request. o Reverend John Ormond, a resident of Masonboro Sound, presented petitions executed by the citizens of the area, and commented on the negative impact of commercial development on the community. He requested the Commissioners to listen to the voice of the people and approve rezoning of B-1 property to R-15 as requested. Chairman Retchin asked if anyone present would like to speak in opposition to the rezoning request. The following persons commented: Mr. Webb Trask, owner of the B-1 property, commented on purchasing property at a commercial rate and paying taxes at a commercial rate for the past ten years stating he strongly feels it is unfair to consider down zoning property which has been commercially zoned for the past 20 years. He expressed concern for being in the middle of a project and incurring costs for hiring of engineers, surveyors, and contractors to design a shopping center and suddenly consideration is being given to down n..,. zoning the property which will prevent future additions to the proposed structure. He stated he is not opposed to rezoning the B-1 lots in Pirates Cove to R-15; however, he is strongly opposed to rezoning the remaining B-1 property to R-15. Vice-Chairman Corbett development is being planned? center is being planned. asked what type of commercial Mr. Trask stated a U-shaped retail Chairman Retchin stated rezoning the property would not eliminate construction of the retail center. Mr. Trask stated that is true, but the use would be "non-conforming" which would not allow for future expansion or changes. Vice-Chairman Corbett requested the County Attorney to address the legality of down zoning property. County Attorney Pope stated after hearing statements by both sides of the rezoning request, the Commissioners have the responsibility to take into consideration the best interest of all parties involved. He stated the law grants authority to exercise the power to rezone property in a reasonable but not arbitrary manner. Mr. Ed Spencer, a resident of Pirate Cove, presented the tax ratio paid by B-1 property owners versus residential lots stating r residential zoning will not devalue the property. He requested the Commissioners to rezone the B-1 property to R-15. Mr. David Barefoot, an Attorney representing Mr. Ed Orrell, a property owner on the southwest side of the B-1 zone, stated his client has owned and paid taxes on his land before the development of Sun Court and Pirate Cove. He stressed the importance of protecting all property owners, the minority as well as the majority stating rezoning of this property is totally unfair to persons who purchased the land twenty years ago under B-1 zoning. He also expressed concern for the petitions presented which refer. to establishment of new business zones \ MINUTES OF REGULAR MEETING, JANUARY 2, 1990 (CONTINUED) 773 ., stating no new business zones are being requested. He respectfully requested the Commissioners to fairly weigh the issues involved with this matter before down zoning the property. I Commissioner Barfield stated the Planning Staff and Planning Commission will be in the process of reviewing various areas to see which intersections should be commercially zoned or rezoned to residential use due to the impact of development on surrounding neighborhoods. He stated with the future growth and the lack of land available in New Hanover County, the Commissioners will be challenged with many difficult decisions in up zoning or down zoning certain areas of the County. He emphasized the importance of promoting orderly growth that will protect residential neighborhoods as well as meet the needs of commercial development. Vice-Chairman Corbett commented on Masonboro Sound as a special area stating his number one concern is protection of the neighborhood. Commissioner Mathews expressed concern for the environmental impact upon Hewlett's Creek stating the proposed commercial development will increase the water run-off. Chairman Retchin closed the Public Hearing. Motion: After further discussion of environmental concerns and protecting the neighborhood, Commissioner O'Neal MOVED, SECONDED by Vice-Chairman Corbett to rezone the B-1 property to R-15 zoning. Upon vote, the MOTION CARRIED UNANIMOUSLY. I A copy of " AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF THE MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 15, 1969" is contained in Zoning Ordinance Book I, a Section entitled, Masonboro, Page 18. BREAK Chairman Retchin recessed the meeting for a break from 8:10 o'clock P.M. to 8:20 o'clock P.M. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE NORTH SIDE OF FINAL LANDING ROAD (S-307) Chairman Retchin opened the Public Hearing and asked 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. Robert Taylor, the Petitioner Mr. Phillip C. Smith, Jr. Planning Director Hayes presented the following Staff findings pertaining to the four general requirements: General Requirement #1: The proposed use will not materially endanger the public health or safety based upon the following findings: I 1. A well and septic tank permit has been issued for the site by the County Health Department. 2. This site is located within the Ogden Volunteer Fire Department service area. 3. The site has access to Final Landing Lane, an unimproved dirt drive. General Requirement #2: The proposed use meets all required conditions and certification of the zoning ordinance based upon the following findings: 1. The property is zoned R-10 residential. A mobile home (single-wide) is permitted by Special Use Permit Conferment in this zoning district. ~ 77 4 MINUTES OF REGULAR MEETING, JANUARY 2, 1990 (CONTINUED) 2. All front, side and rear yard setbacks mandated by the R-20 Residential District can be met. 3. Off-street parking can be accommodated on the site. General Requirement #3: The proposed use will not substantially injure the value of adjoining or abutting property based upon the following findings: 1. Property on both sides of the site is currently vacant. Property to the north (Avenell) is under development for II single-family (detached structures) uses. This project will consist of 66 units. '- General Requirement #4: proposed use will be in following findings: The location and character of the harmony with the area based upon the 1. The property is classified Resource Protection in the 1986 Land Use Plan Update. Low density residential uses are encouraged. 2. The predominant use of land in the general vicinity is single-family. Also, there are some detached dwelling units (Edgewater Club) in the vicinity. Chairman Retchin asked if the petitioner or anyone present would like to speak in favor of issuing the Special Use Permit. The following person commented: Mr. Robert Taylor, the petitioner, stated after investigating construction of a home on the private road, it was not financially possible to build a house; therefore, he is requesting permission to place a mobile home on the lot which will be well maintained and attractively landscaped. Chairman Retchin asked Mr. Taylor if he concurs with the n statements presented by the Planning Staff. Mr. Taylor stated he , agrees with the findings as presented. Chairman Retchin asked if anyone would like opposition to issuance of the Special Use Permit. person commented: to speak in The following Mr. Phillip C. Smith, Jr., a of resident Final Landing Lane, stated he feels the proposed use does not meet General Requirement #3 or General Requirement #4 and requested denial of the Special Use Permit. Mr. Smith stated placement of a mobile home on this lot will injure the value of adjoining or abutting property due to the size and value of homes in the vicinity which have access to the waterway. Also, placement of a mobile home on this lot will not be in harmony with the area since there are no mobile homes located on this road. Chairman Retchin closed the Public Hearing. Vice-Chairman Corbett asked where the closest mobile home is located? Director Hayes stated on Edgewater Club Road before the intersection of Final Landing Road. Motion: After discussion of no mobile homes being located in n this area, Commissioner Barfield MOVED, SECONDED by Commissioner Mathews to deny the Special Use Permit based upon the findings of fact that the proposed use would substantially injure the value of adjoining or abutting property and the location and character ~ I I I MINUTES OF REGULAR MEETING, JANUARY 2, 1990 (CONTINUED) 775 ., of the proposed use will not be in harmony with the area. vote, the MOTION CARRIED UNANIMOUSLY. Upon A copy of the order denying a Special Use Permit for location of the mobile home is contained in SUP Book I, Page 40. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT TO ESTABLISH A DWELLING UNIT INCIDENTAL TO A PRINCIPAL USE (MINI-WAREHOUSE) AT 8137 MARKET STREET (S-308) Chairman Retchin opened the Public Hearing and asked anyone present wishing to testify to step forward to be sworn in by the Clerk to the Board. The fOllowing person was sworn in: Mr. Nelson Kelly, the petitioner Planning Director Hayes presented Staff's findings of fact as follows: General Requirement #1: The proposed use will not materially endanger the public health or safety based upon the fOllowing findings: 1. A well and septic tank are currently in place and meet the requirements of the County Health Department. 2. The site is located wi thin the Ogden Volunteer Fire Department Service area. 3. The site has access directly to u. S. Highway 17 (Market Street) . General Requirement #2: The proposed use meets all required conditions and specifications of the zoning ordinance based Upon the fOllowing findings: 1. The proposed use is permitted by Special Use Conferment in the B-2-Business District. This property is zoned B-2. 2. All front, side, and rear setback requirements mandated by the ordinance can be met. 3. The unit shall be occupied initially by the owner; and at a later date, by a fUll-time employee. 4. An area of open space equal to the total floor space of the dwelling unit can be provided. (900 square feet is required in this case.) 5. The total floor space of the dwelling unit (900 square feet) does not exceed 50% of the floor space of the principal structure - mini-warehousing (3,000 square feet). 6. The dwelling unit would be located above an office area which would be part of the new bUilding planned to accommodate the residence. 7. Off-street parking provided at the front of available to meet this need. for the the dwelling unit bUilding. Adequate will area be is General Requirement #3, The proposed use will not sUbstantially injure the value of adjoining or abutting property based upon the fOllowing findings: 1. Property to the north is developed for commercial purposes (plumbing business) and the subject site is already developed with a 3,000 square foot mini-storage facility. Also, there are other commercial uses on the opposite side of u. S. Highway 17. General Requirement #4: The location and character of the proposed use will be in harmony with the area based upon the fOllowing findings: ~ 7 7 ~NUTES OF REGULAR MEETING, JANUARY 2, 1990 (CONTINUED) 1. The site is classified Rural. Low density residential and lower intensity land uses are encouraged. 2. The site is already developed commercially and the development of a dwelling unit to serve the needs of the facility does not interrupt nearby commercial activity. Chairman Retchin asked if the petitioner would like to speak. The following person commented: Mr. Nelson Kelly, the petitioner, stated he would like to be a live-in manager and requested issuance of the special Use n Permit. Chairman Retchin asked Mr. Kelly if he statements as presented by the Planning Staff. he agrees with the findings as presented. concurs with the Mr. Kelly stated Chairman Retchin asked if anyone present would like to speak in opposition to issuance of the Special Use Permit. No one commented. Chairman Retchin closed the Public Hearing. commissioner Barfield requested the Planning Staff to check into the possibility of allowing a combination home/office by right when issuing a Special Use Permit for mini-warehouse structures. Planning Director Hayes stated in situations where safety concerns are involved, the Commissioners would not desire to allow home/office combinations; therefore, he would recommend hearing each request on a case by case basis. Motion: Commissioner Barfield MOVED, SECONDED Vice-Chairman Corbett to grant the Special Use Permit as requested based upon the findings of facts satisfying the four general requirements. Upon vote, the MOTION CARRIED UNANIMOUSLY. n A copy of the Special Use Permit is contained in SUP Book I, Page 40. PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT TO EXPAND AN EXISTING HOME CHILD DAY CARE FACILITY LOCATED AT 521 KELLY ROAD TO ACCOMMODATE TEN CHILDREN (S-309) Chairman Retchin opened the Public Hearing and requested anyone present wishing to testify to step forward to be sworn in by the Clerk to the Board. The following person was sworn in: Ms. Norma Humphrey, the petitioner Planning Director Hayes presented Staff's findings of fact as follows: General Requirement #1: The proposed use will not materially endanger the public health or safety based upon the following findings: 1. The facility is an expansion of a small child day care center (5 children) in an existing single-family residence. Existing water and sewer services will be utilized to handle on-site sanitation needs. 2. The site is located in the winter Park Volunteer Fire Department service area. o 3. The site has access to Kelly Road. 4. The applicant has met or talked with representatives of the State Day Care Licensing Division, County Inspections and the Fire Marshal. No problems are anticipated. 5. The existing facility had been previously issued the appropriate Day Care Home Registration Certificate by the Division of Facility Services. \" MINUTES OF REGULAR MEETING, JANUARY 2, 1990 (CONTINUED) ,777 ., General Requirement conditions of the findings: #2: zoning The proposed use meets all ordinance based upon the required following 1. Child day care centers are permitted by Special Use Permit Conferment in the R-15 Residential District. The property is zoned R-15. The existing facility did not require a Special Use Permit because by definition a facility servicing five (5) or fewer children is exempt from County review. I 2. Adequate accommodate four each employee. preclude backing off-street parking area is available ( 4) spaces, plus one (1) additional space Access to and from the site is provided into the street after a pick-up or delivery. to for to 3. An enclosed play area is provided at the rear of the existing dwelling unit. 4. No outside signage is planned. General Requirement #3: The proposed use will not substantially injure the value of adjoining property based upon the following findings: 1. The applicant intends to expand an existing facility which has been in operation for one (1) year. There is no documentation demonstrating a decrease in value of surrounding property as a result of the existing day care operation. General Requirement #4: proposed use will be in following findings: The location and character of the harmony with the area based upon the I 1. The expansion of the day care operation does not require any exterior renovations which would detract from the residential theme of the area. Chairman Retchin asked if the petitioner would like to speak. The following person commented: Ms. Norma Humphrey, the petitioner, requested issuance of the Special Use Permit in order to expand her present day care facility. Chairman Retchin asked Ms. Humphrey if she concurs with the statements as presented by the Planning Staff. Ms. Humphrey stated she agrees with the findings as presented. Chairman Retchin asked if anyone present would like to speak in opposition to issuance of the Special Use Permit. No one commented. Chairman Retchin closed the Public Hearing. Motion: After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Mathews to approve the Special Use Permit as requested based upon the findings of fact meeting the four general requirements as stated. Upon vote, the MOTION CARRIED UNANIMOUSLY. I A copy of the Special Use Permit is contained in SUP Book I, Page 40. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT FOR LOCATION OF A CONVENIENCE STORE ON THE WEST SIDE OF U. S. HIGHWAY 421 SOUTH, NEAR THE INTERSECTION OF MYRTLE GROVE ROAD (S-310) Chairman Retchin opened the Public Hearing and asked 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. Bob Maxicy, the property owner Mr. William K. Hobbs, Jr. .~ ,,778tINUTES OF REGULAR MEETING, JANUARY 2, 1990 (CONTINUED) Planning Director Hayes presented Staff's findings of fact as follows: General Requirement #1: The proposed use will not materially endanger the public health or safety based upon the following findings: 1. Based on Soil Conservation Service data, the soils on this site would be suitable to accommodate an on-site sewage disposal system. Also, an individual well will be utilized to provide water service. n 2. The site is located in the Myrtle Grove Volunteer Fire Department service area. 3. The property has direct access to U. S. Highway 421 (Carolina Beach Road~. General Requirement conditions of the findings: #2: zoning The proposed use ordinance based meets all upon the required following 1. Convenience food stores are permitted by Special Use Permit Conferment in the R-15 Residential District. The property is zoned R-15. 2. one (1) The total area devoted to the proposed use is less than acre. 3. The gross square footage of the structure does not exceed 3,000 square feet. 4. The proposed use would include convenience food and the sale of gasoline. No auto repair, sales of accessories or car washing is planned. sales auto 5. A principal use sign of unknown dimensions is proposed. n 6. One fuel pump island is permitted provided it is set back at least 30 feet from any street right-of-way and 40 feet from any side or rear lot line. The site plan indicates these minimum setbacks can be met. Also, the overhead canopy covering the fuel island must be at least 15 feet from the right-of-way. This setback has been met. 7. At least 12 off-street parking spaces are provided. General Requirement #3: The proposed use will not substantially injure the value of adjoining property based upon the following findings: 1. Land uses scattered detached mobile home park. the east side of U. immediately adjacent to this site include single-family residential dwellings and a Another convenience food store is located on S. Highway 421 opposite the site. General Requirement #4: The location of the proposed use will be in harmony with the area based upon the following findings: 1. The site is classified Transition in the 1986 Land Use Plan Update. More intense urban development is encouraged. n 2. The site is located along a heavily-traveled, four-lane divided highway. Also, the site is located at the intersection of a major thoroughfare (U. S. Highway 421) with a major collector road (Myrtle Grove Road). 3. Land development along the frontage of nearby property is a hodgepodge of residential, commercial, and industrial uses. Chairman Retchin asked if the petitioner would like to speak on the request. The following persons commented: ~ MINUTES OF REGULAR MEETING, JANUARY 2, 1990 (CONTINUED) 779 ., Mr. Bob Maxicy, the petitioner and property owner, requested issuance of a Special Use Permit in order to locate a convenience store on this property which will enable him to sell the land to Mr. H. Glassman. Chairman Retchin asked Mr. Maxicy if statements presented by the Planning Staff. agrees with the findings as presented. he agrees with the Mr. Maxicy stated he I Mr. William K. Hobbs, Jr., representing Mr. H. Glassman, stated the store to be constructed will be a general neighborhood store which will provide fishing equipment, hardware, and garden supplies as well as food products. 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: Commissioner Mathews MOVED, SECONDED by Commissioner 0' Neal to grant the Special Use Permit based upon the findings of fact and evidence presented showing that the proposed use does meet the four general requirements. 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 JACKSON STREET LOCATED IN CAROLINA BEACH (SC-47) Chairman Retchin opened CLOSING THE REMAINING PORTION FEDERAL POINT TOWNSHIP, NORTH OF OF the Public Hearing. I Planning Director Hayes presented background information on closing the remaining portion of Jackson Street stating due to access being available to all properties affected by this closing and given the non-functional use of this unimproved road, the Planning Staff would recommend closing this portion of Jackson Street. Chairman Retchin asked if the petitioner would like to speak. The following person commented: Mr. Ted Seawell, the petitioner, requested closing this portion of Jackson Road in order to construct affordable housing in this area. He stated the neighbors agree with the proposed road closing. Chairman Retchin asked if anyone present would like to speak in opposition to this request. No one commented. Chairman Retchin closed the Public Hearing. Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner Mathews to approve the road closing as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. 41. A copy of the order is contained in Exhibit Book XVII, Page I PUBLIC HEARING TO CONSIDER RENAMING MALLARD STREET TO MALLARD DRIVE IN COLLEGE ACRES SUBDIVISION LOCATED IN HARNETT TOWNSHIP (SN-55) Chairman Retchin opened the Public Hearing. Planning Director Hayes stated over the years confusion has existed as to the proper name for Mallard Street/Drive in College Acres Subdivision. He stated based on the majority of persons living on the road and elimination of a road duplication since a street in Wrightsville Beach is named Mallard Street, the Planning Staff would recommend approval of the road renaming. Chairman Retchin' asked if anyone present would like to speak in favor of or in opposition to the road renaming. No one commented. ~ 78e1INUTES OF REGULAR MEETING, JANUARY 2, 1990 (CONTINUED) Chairman Retchin closed the Public Hearing. Motion: Mathews Drive. Commissioner Barfield MOVED, SECONDED by Commissioner to rename Mallard Street in College Acres to Mallard Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is contained in Exhibit Book XVII, Page 41. PUBLIC HEARING TO CONSIDER RENAMING ROADS IN BEAU RIVAGE PLANTATION LOCATED IN FEDERAL POINT TOWNSHIP (SN-54) Chairman Retchin opened the Public Hearing. n ! I Planning Director Hayes stated the petitioner, Mr. Sigmon, requested renaming of the roads due to difficulty pronouncing and spelling the present French names. He stated Planning Staff has no problem with the proposed changes. P. in the , f '-- - Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the road renamings. No one commented. Chairman Retchin closed the Public Hearing. Motion: Vice-Chairman Corbett MOVED, SECONDED by Chairman Retchin to approve the road renamings for Beau Rivage Plantation as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is contained in Exhibit Book XVII, Page 41. PUBLIC HEARING TO CONSIDER SYSTEMATICALLY ASSIGNING HOUSE NUMBERS ON BLACKTOWN ROAD AND ORANGE STREET IN THE CASTLE HAYNE COMMUNITY LOCATED IN CAPE FEAR TOWNSHIP Chairman Retchin opened the Public Hearing. Planning Director Hayes presented background information on n the request stating in order to properly identify houses for l__..J delivery of county services and respond to emergency calls, the house numbers need to be systematically assigned. Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to house number assignments as presented. No one commented. Chairman Retchin closed the Public Hearing. Motion: Commissioner Mathews MOVED, SECONDED by Vice-Chairman Corbett to approve the house number assignments as recommended by the Planning Staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the order is contained in Exhibit Book XVII, Page 41. BREAK Chairman Retchin recessed the meeting for a break from 9:27 o'clock P.M. to 9:37 o'clock P.M. PUBLIC HEARING TO CONSIDER CHANGES TO THE AMENDMENT ORDINANCE (A-196) Chairman Retchin opened CONDITIONAL USE ZONING AND PROCEDURES OF THE COUNTY OTHER ZONING the Public Hearing. [ Mr. Michael Jordan, Vice-Chairman of the Planning Commission, stated at the request of the County commissioners, the Planning Staff, Planning Commission, and representatives of the Ad Hoc Committee addressed concerns pertaining to Version 2 of the Conditional Use Zoning Classifications and have prepared an ordinance that will answer these concerns and will conform with guidelines of the County Zoning Ordinance. He stated the Planning Commission voted 5 to 1 for approval of this version. ~ I I I MINUTES OF REGULAR MEETING, JANUARY 2, 1990 (CONTINUED) .7 ~I " Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to conditional use zoning. The following persons commented: Mr. William Grathwol, a member of the Ad Hoc Committee, stated the, ordinance is prepared as well as possible; however, this form of zoning is not desirable for long-range planning due to the changes in commercial businesses. He recommended reworking the present zoning classifications to establish more defined zoning districts to allow for optional land development. He cautioned allowing special uses for individual requests. Commissioner Barfield commented on the 1991 Update of the Land Use Plan stating all areas of the County should be completely reviewed with establishment of well defined zoning districts to meet our future growth needs. Discussion was held on narrowing the present zoning districts and allowing more flexibility for various uses. Chairman Retchin stated the present districts can be reviewed along with adoption of a conditional use zoning district. Vice-Chairman Corbett expressed concern for rushing into this form of zoning too quickly and stated the possibility of reworking the zoning classifications in the 1991 Update of the Land Use Plan is certainly a viable option. Mr. William C. Howard, Jr., Chairman of the Ad Hoc Committee, stated narrowing the zoning districts will not accomplish the same goal as establishing a conditional use zoning district. He stated the conditional use zoning will provide the ability to apply specific conditions to meet a specific need in difficult transitional areas, and if the County does not need this flexibility, then the amendment should not be adopted. Chairman Retchin closed the Public Hearing. Motion: After a lengthy discussion of the need to establish a form of zoning that will meet certain needs and the importance of moni toring the impact of conditional use zoning, Commissioner Barf ield MOVED, SECONDED by Chairman Retchin to adopt the Text Amendment as presented with changes to the procedures of the County Zoning Ordinance, and to request the Planning Staff to study the possibility of narrowing present zoning classifications when preparing the 1991 Update of the Land Use Plan. The floor was opened for discussion. Commissioner O'Neal cautioned rushing into this action too quickly and recommended fine tuning our present zoning classifications before approving conditional use zoning. Vice-Chairman Corbett requested the Planning Director to express his opinions. Planning Director Hayes commented on negative consequences with long-term conditional use zoning stating a zoning decision should not be made on the use but the impact of development on a neighborhood. He stated no one knows the best use for an individual piece of property due to constant change occurring with growth and development. Chairman Retchin recommended amending the motion to monitor the use of conditional use zoning for twelve (12) months with a reexamination of the impact of this zoning at that time. Amended Motion: After further discussion, Commissioner Barfield AMENDED THE MOTION, SECONDED by Chairman Retchin to adopt the Text Amendment as presented with a review of conditional use district classifications wi thin twelve (12) months and request the Planning Staff to study the possibility of narrowing the present zoning classifications during the 1991 Update of the Land Use Plan. 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 .~ 1 ~.~~ MINUTES OF REGULAR MEETING, JANUARY 2, 1990 (CONTINUED) ADOPTED OCTOBER 6, 1969," is contained in Exhibit Book XVII, Page 41. PUBLIC HEARING TO AMEND THE ZONING ORDINANCE BY REQUIRING THE COUNTY PJ.ANNING COMMISSION TO REVIEW SPECIAL USE PERMITS BEFORE BEING ISSUED BY THE BOARD OF COUNTY COMMISSIONERS Chairman Retchin opened the Public Hearing. Mr. Michael Jordan, Vice-Chairman of the Planning Commission, stated members of the Planning Commission felt that input into the Special Use Permit review process would keep them n better informed of other development activities in the County and I at the same time provide additional insight to the Commissioners l when reviewing requests. He stated this procedure was used by .J the County between 1979 and 1983. Vice-Chairman Corbett recommended dividing the review system into two groups stating individuals should not have to appear before both boards with certain requests, such as placement of mobile homes. Chairman Retchin asked if anyone present would like to speak in favor of or in opposition to the proposed Text Amendment. No one commented. Chairman Retchin closed the Public Hearing. Discussion was held on predetermining which uses should go before both boards. County Attorney Pope recommended separating the uses by "single-family dwellings". Motion: After further discussion, Vice-Chairman Corbett MOVED, SECONDED by Commissioner Barfield to approve the Text Amendment as presented with the following condition added: Single-family dwellings including mobile homes shall not require review by the Planning Commission prior to action by the Board of County 1;111 J Commissioners. 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 41. ACCEPTANCE OF OFFER FROM NEW HANOVER COUNTY SCHOOLS FOR SURPLUS PROPERTY Acting County Manager Gornto stated by General Statutes the School System is required to offer any surplus property to the County before disposal of said property. She recommended accepting the offer of property as presented. Motion: Commissioner O'Neal MOVED, SECONDED by Commissioner Mathews to accept the offer of surplus property as follows: Location: Princess Street across from Blount School Tax Map No.: R04913-007-003-000 R04913-006-008-000 Upon vote, the MOTION CARRIED UNANIMOUSLY. I CONSIDERATION OF AN AMENDMENT TO ARTICLE VI, SECTION 12-48 AND SECTION 12-49, PUBLIC DISPLAY OF SEXUALLY EXPLICIT MATERIAL IN ESTABLISHMENTS FREQUENTED BY MINORS Chairman Retchin stated concerned parents have requested amending the County Ordinance pertaining to public display of sexually explicit material in establishments frequented by minors to include under the definitions of the ordinance video tape, film, or audio recordings and to prohibit the sale or lease of video tape, film or audio recordings to minors. i' l~ Chairman Retchin asked if anyone present would like to comment. The following person commented in favor of the proposed amendment: \ ',I J ) MINUTES OF REGULAR MEETING, JANUARY 2, 1990 (CONTINUED) Ms. Donna Williams expressed appreciation to the Commissioners for placing this item on the agenda. She emphasized the importance of adding audio and video materials to the definitions of the present ordinance and requested permission to play a tape that was sold to her minor child. It was the consensus of the Board not to hear the tape. Ms. Williams requested the Commissioners to adopt the amendment in order to protect the children of New Hanover County. Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner Mathews to adopt the proposed amendment to Article VI, Section 12-48 and 12-49 of the County Code. The floor was opened for discussion. The following representatives from the music industry commented in opposition to the proposed amendment stating it infringes on the civil liberties of adults through censorship and that parents should assume the responsibility of monitoring music and materials to which their children are exposed: Mr. Whitford Hayden, a local carpenter Mr. Paul Johnson, a sound engineer and recordist Mr. Jeff Dennig, a professional musician Mr. Christopher Brinson Mr. David Humphrey, a private disc jockey Mr. Jim Stroud, a local disc jockey Mr. David Green, a consumer of rap music Commissioner Barfield stated the amendment will not abandon the sale of the material, only the sale of this material to minors. Commissioner O'Neal expressed concern for the Commissioners dealing in an area for which they have very little expertise, and stated the ordinance will be very difficult to enforce and have very little influence on the population trying to be reached. Chairman Retchin called for a vote on the adoption of the proposed amendment to the ordinance. the MOTION CARRIED AS FOLLOWS: MOTION for Upon vote, Voting Aye: Commissioner Barfield Commissioner Mathews Vice-Chairman Corbett Chairman Retchin Voting Nay: Commissioner O'Neal Due to the ordinance not receiving a unanimous vote upon the first reading, a second reading will be required for final adoption, and this item will be placed on the agenda for January 16, 1990. AUTHORIZATION TO FILE A GRANT APPLICATION FOR STATE CONSTRUCTION FUNDS TO BUILD A NEW HANOVER COUNTY FEMALE SATELLITE JAIL/WORK RELEASE UNIT Sheriff McQueen presented a grant application to receive state funds in the amount of $409,446 for construction of a 40-bed female dormitory satellite jail/work release unit on land adjacent to the Jail Annex at 222 Division Drive. He stated the grant does not require matching funds and requested authorization to file the application. Motion: After discussion, Vice-Chairman Corbett MOVED, SECONDED by Commissioner Mathews to approve filing of the grant application and authorize the Chairman to execute the agreement. Upon vote, the MOTION CARRIED UNANIMOUSLY. Vice-Chairman Corbett complimented Ms. Carol Bosworth on the public service announcements being presented on local radio stations. 733 .., ~ 1<11 MINUTES OF REGULAR MEETING, JANUARY 2, 1990 (CONTINUED) MEETING RECESSED TO HOLD A REGULAR MEETING OF THE WATER & SEWER DISTRICT Motion: Vice-Chairman Corbett Mathews to convene from Regular Water & Sewer District Board. UNANIMOUSLY. MOVED, SECONDED by Commissioner Session to hold a meeting of the Upon vote, the MOTION CARRIED Chairman Retchin convened from Regular Session at 11:00 o'clock P.M. Motion: Commissioner Mathews MOVED, SECONDED by Commissioner O'Neal to reconvene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. [ Chairman Retchin reconvened to Regular Session at 11:03 o'clock P.M. ADDITIONAL ITEMS - COUNTY MANAGER Approval of Funding for Legal Expenses Incurred by the Lower Cape Fear Water and Sewer Authority in Representing Our Region for Opposition to the Interbasin Transfer from the Cape Fear River Acting County Manager Gornto stated the Lower Cape Fear Water and Sewer Authority has requested funding in the amount of $3,500 to cover legal services for opposing the interbasin transfer. She recommended approving funding up to $3,500 with no disbursements of funds until expenses are incurred. Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner Mathews to approve funding up to $3,500 with disbursement of funds as expenses are incurred. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY ATTORNEY r l----1 Discussion of Proposed Amendment to Chapter 12, Article VI, Section 12-48 and Section 12-49 Referencing Sexually Explicit Material County Attorney Pope stated the original ordinance was passed in 1983 and was drafted in conjunction with similar ordinances throughout the State, particularly the ordinance adopted by Mecklenburg County. He stated the County has never received the first request for enforcement of the present ordinance; however, the vendors have complied voluntarily, and he strongly feels this type of compliance will occur with adoption of the proposed amendment. . ADJOURNMENT Motion: Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Retchin adjourned the meeting at 11:10 o'clock P.M. ~d~ted' Lucie F. Harrell Clerk to the Board I~\ \ L._____-: ~