1990-03-05 Regular Meeting
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844
MINUTES OF REGULAR MEETING, MARCH 5, 1990
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, March 5, 1990, at 7: 30 0' clock P. M. in the
Assembly Room of the New Hanover County Courthouse, 24 North
Third Street, Wilmington, North Carolina.
Members present were: Commissioners Jonathan Barfield, Sr.;
E. L. Mathews, Jr.; Nolan O'Neal; Vice-Chairman W. Albert
Corbett, Jr.; Chairman Fred Retchin; Acting County Manager, Mary
M. Gornto; County Attorney, Robert W. Pope; and Clerk to the
Board, Lucie F. Harrel,l.
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Chairman Retchin called the meeting to order.
INVOCATION AND PLEDGE OF ALLEGIANCE TO THE FLAG
Clerk to the Board, Lucie F. Harrell, gave the invocation.
Commissioner E. L. Mathews, Jr. led the audience in the
Pledge of Allegiance to the Flag.
APPROVAL OF MINUTES
MOTION: Vice-Chairman Corbett MOVED, SECONDED by Commissioner
O'Neal to approve the minutes of the Regular Meeting of February
5, 1990, and Special Meetings of February 12, 1990, February 13,
1990 and February 16, 1990, as presented. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
NON-AGENDA ITEMS
Chairman Retchin asked if anyone from the general public
would like to speak on an issue not listed on the Regular Agenda
or an item listed on the Consent Agenda. The following issues
were presented:
Introduction of the new Executive Director of the Arts Council of
the Lower Cape
Mr. Matthew Neiburger, the new Executive Director of the
Arts Council of the Lower Cape, introduced himself and presented
a brochure describing the activities of the Arts Council.
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Chairman Retchin, on behalf of the Board, welcomed Mr.
Neiburger to New Hanover County and wished him well with his new
position.
APPROVAL OF CONSENT AGENDA
Chairman Retchin requested the first portion of Item 2 be
removed from the Consent Agenda with a separate motion to reject
bids received for Health Department furnishings.
Vice-Chairman Corbett requested removal of Item 4 due to a
conflict of interest since he is partner of the corporation.
Motion: After further discussion, Vice-Chairman Corbett MOVED,
SECONDED by Commissioner O'Neal to withdraw a portion of Item 2
and remove Item 4 with separate motions for adoption of these
requests and to approve the remaining Consent Agenda items as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
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Adoption of Resolution to Sell Surplus Property OWned Jointly by
the City of Wi~ington and New Hanover County
The Commissioners adopted a resolution accepting offers to
purchase the following properties:
Offeror:
Property:
Tax Parcel:
Ad Valorem Tax Value:
Offer:
Elizabeth R. Stone
211 Turners Alley
048-17-010-031.000
$540
$750
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MINUTES OF REGULAR MEETING, MARCH 5, 1990 ( CONTINUED)
845 "
Offeror:
Property:
Tax Parcel:
Ad Valorem Tax Value:
Offer:
Elizabeth R. Stone
620 North 4th Street
048-13-014-012.000
$1,430
$1,500
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Offeror:
Property:
Tax Parcel:
Ad Valorem Tax Value:
Offer:
Willow Pelzer
1213 Orange Street
054-06-007-008.000
$1,650
$2,000
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XVIII, Page 7.
Adoption of Resolution Awarding Bid iFIN-90-0047 to A.I.D.
The Commissioners adopted a resolution awarding the low bid
to A.I.D. in the amount of $76,578 for purchase of a 1990
Customized Van.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XVIII, Page 7.
Approval of New Community Health Technician for Home Health - New
Hanover Health Department
The Commissioners approved a new Community Health Technician'
position as requested by Home 'Health in order to meet the
increase in the number of home health visits. The position will
be totally reimbursed by Medicare.
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Adoption of Resolution Awarding Bid iFIN-90-0037 to Gregory Poole
Equipment Company - New Hanover County Landfill
The Commissioners adopted a resolution awarding the bid to
Gregory Poole Equipment Company in the amount of $30,159 for
replacement wheels for the Caterpillar at the New Hanover County
Landfill. The Chairman was authorized to execute the document.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XVIII, Page 7.
Approval of Budget Amendment i90-0154 for Postage Litter
Enforcement Officer - Sheriff's Department
The Commissioners approved the following Budget Amendment:
90-0154 Sheriff/Administration
Debit
Credit
Civil Citations
Postage
$100
$100
Purpose: To budget funds for citations sent out by certified
mail by the Litter Enforcement Office.
Approval of Budget Amendment i90-0166 - Department of Social
Services
The Commissioners approved the following Budget Amendment:
90-0166 Department of Social Services/Various
Debit
Credit
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DSS/Administration
Administrative Grants
$12,590
DSS/Dependent Care Grant
Dependent Care Grant
2,576
DSS/CP&L Intervention Program
Assistance Payments
$12,590
DSS/Dependent Care Grant
Professional Services
Printing
Travel
Capital Outlay
400
668
758
750
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8 4 EjIINUTES OF REGULAR MEETING, MARCH 5, 1990 ( CONTINUED)
Budget Amendment (Continued)
Purpose: To budget additional allocation received from the CP&L
Project Share and Child Day Care Grant for the Department of
Social Services.
Approval of Budget Amendment i90-0167 to Budget Additional
Receipts from Federally Forfeited Property - Sheriff's Department
The Commissioners approved the following Budget Amendment:
90-0167
Sheriff's Department/Federal Forfeited Property
Debit
Credit
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Federal Forfeited Property
$100,000
Motor Vehicles
Departmental Supplies
$ 80,000
20,000
Purpose: To budget additional receipts from federally forfeited
property.
Approval of Budget Amendment i90-0168 - New Hanover County Museum
The Commissioners approved the following Budget Amendment:
90-0168 Museum
Debit
Credit
Museum Contribution
Departmental Supplies
$450
$450
Purpose: Transfer of funds from Museum Artifact Acquisition Fund
for purchase of artifact.
Approval of Budget Amendment i90-0181 Health/Animal Control
Debit
Credit
o
Animal Control/Dog-Cat License
$11,546
Professional Services
M & R Equipment
M & R Auto
Copying Expense
Departmental Supplies
Uniforms
Employee Reimbursement
$5,600
1,000
1,416
214
2,216
800
300
Purpose: To budget increased revenue based on passage of cat
license requirement.
Approval of Budget Amendment i90-0172 to Transfer Funds for
Military Retirement Contribution
The Commissioners approved the following Budget Amendment:
90-0172 Non-Departmental/Finance
Debit
Credit
Non-Departmental
Retirement/Military
$2,044
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Finance
Salaries and Wages
$2,044
Purpose: Transfer of funds for military retirement contribution
(for accounting purposes only).
Approval of Budget Amendment i90-0173 New Hanover County
Schools
The Commissioners approved the following Budget Amendment:
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MINUTES OF REGULAR MEETING, MARCH 5, 1990 ( CONTINUED)
847
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One-Half Cent Sales Tax Fund
Debit
Credit
One-Half Cent Sales Tax Fund/Finance
Appropriated Fund Balance $1,092,000
On~-Half Cent Sales Tax Fund/NHC Schools
$1,092,000
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Purpose: Transfer remaining funds in the New Hanover County
Schools' Capital Projects Fund to Fund 125 (School Fund) to pay
debt service on bonds.
Approval of Budget Amendment #90-0174 and Authorization for the
Chairman to Execute an Amendment to the Consolidated Contract
Between the State of North Carolina and the New Hanover County
Health Department
The Commissioners approved the following Budget Amendment
and authorized the Chairman to execute an amendment to the
Consolidated Contract between the State of North Carolina and New
Hanover County:
90-0174 Health/Risk Reduction/Accident Prevention
Risk Reduction/Accident Prevention
Departmental Supplies
Debit
$375
Credit
$375
Purpose: To budget State grant for supplies for Tobacco
Cessation Program inventory.
Approval of Budget Amendment #90-0175 - Health Department
The Commissioners approved the following Budget Amendment:
90-0175
Health/Home Health
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Debit
Credit
Home Health Fees - Medicare
Home Health Fees - Medicaid
$162,400
69,600
Professional Services
Contracted Services
Departmental Supplies
$200,000
12,000
20,000
Purpose: To budget revenue (due to increased caseload) for
supplies, Home Health Aide visits, and clerical support.
Approval of Tip Fee Waiver for Demolition Material from the
deRosset House Restoration
The Commissioners approved a request by the Historic
Wilmington Foundation for waiver of the tip fee up to three (3)
forty yard containers of demolition material from the deRosset
House restoration project.
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APPROVAL FOR RELEASE OF LISTING PENALTIES FOR MARVIL PACKAGE
COMPANY AND TALLEY-CORBETT BOX COMPANY
Vice-Chairman Corbett requested to be excused from voting on
this item due to a conflict of interest since he is partner of
the company. He stated, for the record, the reason for
requesting a release of penalties is due to the fact that the
taxes were paid in another county.
Motion: Commissioner Barfield MOVED, SECONDED by Commissioner
Mathews to excuse Vice-Chairman Corbett from voting on this item
due to a conflict of interest. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Motion: After discussion of the Tax Administrator's
recommendation to release the penalties, Commissioner Barfield
MOVED, SECONDED by Commissioner 0' Neal to release tax listing
penalties from 1984-1989 as requested. Upon vote, the MOTION
CARRIED AS FOLLOWS:
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8 4 8MINUTES OF REGULAR MEETING, MARCH 5, 1990 (CONTINUED)
Voting Aye: Commissioner Barfield
Commissioner Mathews
Commissioner O'Neal
Chairman Retchin
Excused: Vice-Chairman Corbett
REJECTION OF BID #FIN-90-0018 RECEIVED FOR HEALTH DEPARTMENT
FURNISHINGS
Motion: After discussion of an error in the bid package,
Vice-Chairman Corbett MOVED, SECONDED by Commissioner Mathews to [J
reject bids received for the Health Department furnishings. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A REQUEST TO INCLUDE GORDON ROAD AS A
"MINOR ARTERIAL" IN THE NEW HANOVER COUNTY THOROUGHFARE
CLASSIFICATION PLAN (CONTINUED ITEM TCM-4)
Chairman Retchin opened the Public Hearing.
Planning Director Hayes presented background information on
the proposed request stating the Planning Commission, at the
request of the Commissioners, has reviewed high density
locational criteria and additional density allowance for
residential districts with the conclusion that major changes in
density should be delayed until after the Land Use Plan Update in
1991. The Planning Commission voted unanimously to deny the
request stating if the Department of Transportation should decide
to widen or four-lane this road, further consideration could be
given to the request.
Chairman Retchin asked if anyone
would like to speak on the request.
commented:
from the general public
The following persons
Dr. Robert Brown, a resident of New Hanover County for 16 0
years, stressed the importance of developing long-range planning
that will promote orderly growth and control traffic patterns _
throughout the County. He requested denial of this request and
approval of the Special Highway Overlay District regulations to
be discussed later in the meeting.
Ms. Peggy Crouch, representing Sanco of Wilmington,
commented on the importance of providing affordable housing in
New Hanover County stating in order to accomplish this objective
affordable land must also be available. She requested approval
of the reclassification request for Gordon Road as a minor
arterial since the road is a major county arterial; has a
relatively low residential population with large expanses of
undeveloped frontage; and if planned now, will allow for
expansion of the road rights-of-way with very minimal effect on
residents.
Chairman Retchin closed the Public Hearing.
Commissioner Barfield stated the need for affordable housing
is evident, and if the N. C. Department of Transportation decides
to widen Gordon, the Commissioners should consider
reclassification at that time; however, with the completion of
I-40 and tourists visiting Wrightsville Beach, Gordon Road cannot
handle additional traffic; therefore, he recommends denial of the C.
request with this road and other major corridors being reviewed
during the 1991 Land Use Plan Update.
Vice-Chairman Corbett asked if an Ad Hoc Planning Advisory
Committee should be established to study commercial development
along major corridors and affordable housing?
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MINUTES OF REGULAR MEETING, MARCH 5, 1990 (CONTINUED)
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Motion: After discussion of providing affordable housing and
studying the traffic patterns and problems on major corridors,
Commissioner Barfield MOVED, SECONDED by Vice-Chairman Corbett to
deny the request and to appoint an Ad Hoc Advisory Planning
Committee to analyze space needs for affordable housing and study
commercial development along Market Street and other major
corridors. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A REQUEST TO AMEND THE ZONING
ORDINANCE BY MODIFYING SETBACK REQUIREMENTS BETWEEN HIGH DENSITY
AND EXISTING RESIDENTIAL DEVELOPMENT (CONTINUED ITEM A-205)
Chairman Retchin opened the Public Hearing.
Mr. Michael Jordan, Vice-Chairman of the Planning
Commission, presented background information on the proposed Text
Amendment stating after several meetings to study and address
density allocations for other residential zoning districts and
possibly broadening locational criteria for higher density
projects, the Planning Commission unanimously voted to approve
the proposed Text Amendment modifying setback requirements as
follows:
1. In the short term, adopt a new setback requirement for
high density development.
2. For the long term, delay other modifications pertaining
to higher density allocations and the broadening of high
density locational criteria until the 1991 Land Use Plan
Update.
Planning Director Hayes stated the proposed Text Amendment
addresses setbacks only, not the entire package of amendments as
presented in the agenda packet.
Chairman Retchin asked if anyone present would like to speak
on the proposed Text Amendment. The following person commented:
Ms. Peggy Crouch, representing Sanco of Wilmington,
commented on the need for detached affordable housing and
presented a preliminary plat for Fawn Creek Subdivision
reflecting detached single dwellings constructed in a high
density area approved in 1986. She stated lots in Fawn Creek are
50 ft. wide and 100 ft. deep, and expressed concern for adopting
the proposed setbacks which would leave only 25 ft. for
construction of a detached dwelling. Ms. Crouch requested the
Commissioners to deny the proposed Text Amendment and consider
adopting a provision which will allow 6 units per acre by right,
under a classification similar to a standard residential zone
with a higher density called R-5 or R-6.
Dr. William Sisson, a member of the Planning Commission,
emphasized the importance of providing buffering regulations that
will create a greater density between the single-family dwellings
and higher clustering of areas instead of addressing each request
on a case-by-case basis.
Mr. Nathan Sanders, owner of Sanco
recommended modifying the proposed setbacks to
"attached" dwellings, not detached housing.
of Wilmington,
apply only to
Chairman Retchin closed the Public Hearing.
Chairman Retchin stated the proposed setback modifications
are to address the transition area between high density and
existing residential development.
Commissioner Barfield commented on rapid growth and the
importance of developing long-range planning to meet future
growth needs. He recommended the package of zoning amendments
pertaining to modification of setbacks between high density
development and existing residential development be forwarded to
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85'0' J ~tIl1UTES OF REGULAR MEETING, MARCH 5, 1990 ( CONTINUED)
the Ad Hoc Planning Advisory Committee for further study.
Mr. Michael Jordan stated the purpose of the proposed
setbacks and uses is to protect existing residential communities.
Motion: After further discussion, Commispioner Barfield MOVED,
SECONDED by Chairman Retchin to approve the followin'g setbacks
modifications to be applied to attached housing only and forward
the remainder of text amendments to the Ad Hoc Planning Advisory
Committee for further study:
Revise 69.4(5) Band C as follows:
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Setbacks and Uses
B. Attached residential development adjacent to any
existing detached residential structure or platted
lot (not including Mobile Home Parks, Planned
Developments, or other High Density developments)
shall meet the following additional requirements:
1. The density within the 200 foot wide strip in
the High Density development adjacent to the
existing detached residential development
shall be no greater than three times the
maximum performance residential density per-
mitted within the existing detached residential
development.
2. The minimum required setback for attached
dwelling units within this strip from the
existing detached residential development shall
be calculated as follows:
(a) Required setback = (Building Height) x (3.73)
(b) The required setbacks may be reduced as spec- n
ified in Section 67. In no case, however,
shall the minimum setback be less than 50
feet.
(c) The part of the yard adjacent to the existing
detached residential use shall be used only
for buffer strips and as specified in Section
67.
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 hereby incorporated as a part of the
minutes and is contained in Exhibit Book XVIII, Page 7.
CONTINUANCE OF PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY
SEVEN ( 7 ) ACRES ON THE NORTHWEST SIDE OF US 17, SOUTH OF THE
NORTHERN EXTENSION OF ALEXANDER ROAD TO B-2 BUSINESS FROM R-15
RESIDENTIAL (APPEALED CASE Z-397)
Mr. Jim Quinn, representing the petitioner, requested
continuance of this Public Hearing until the Special Highway
Overlay District regulations have been adopted.
Consensus: After discussion, it was the consensus of the Board n
to continue this Public Hearing until the Special Highway Overlay
District regulations have been adopted.
DENIAL OF A REQUEST FOR POSTPONEMENT OF ITEM 13
Attorney Jeffery P. Keeter, representing the petitioner,
Marengo, Inc., requested postponement of this Public Hearing
until April 2, 1990, in order to complete revisions to the plan
which should be more suitable to the local residents in the area.
He stated the property owners have been notified.
Chairman Retchin asked if anyone in the audience is opposed
to continuing the Public Hearing until April 2, 1990.
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MINUTES OF REGULAR MEETING, MARCH 5, 1990 (CONTINUED)
851
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Mr. Bud Lancaster, an adj acent property owner, expressed
concern for delaying this request since he has traveled 200 miles
and was not informed that the hearing would be postponed.
Mr. Fred Servera, a
representing the surrounding
postponing the hearing when
on the project.
resident of Shannon Drive and
neighborhoods, expressed concern for
construction work has already begun
Attorney Keeter stated a building permit has been issued for
the work being performed.
Attorney Lennon, representing Ms. Mary Holmes, an adjacent
property owner, stated, for the record, Ms. Holmes does oppose
granting a Special Use Permit in its present form; however, she
is not opposed to postponing the Public Hearing.
Motion made and Withdrawn: Vice-Chairman Corbett MOVED to
postpone the Public Hearing until April 2, 1990. After
opposition expressed by a number of persons present who were not
notified by Attorney Keeter, Commissioner Corbett WITHDREW THE
MOTION.
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman
Corbett to deny the request to postpone the Public Hearing and
hear the request as scheduled on the agenda. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER A REQUEST TO ESTABLISH SPECIAL HIGHWAY
OVERLAY DISTRICT REGULATIONS TO A PORTION OF US HIGHWAY 17
(MARKET STREET) BEGINNING NORTH OF OGDEN AND RUNNING TO THE
PENDER COUNTY LINE (Z-399)
Chairman Retchin opened the Public Hearing.
Mr. Michael Jordan, Vice-Chairman of the Planning
Commission, stated in a continuing effort to apply site design
requirements to lessen the visual impact that development of
properties will have on major access corridors to the County, the
Planning Commission voted to recommend adoption of the Special
Highway Overlay District (S.H.O.D.) on U. S. Highway 17 beginning
north of Ogden and running to the Pender County Line.
Vice-Chairman Corbett stated after studying the proposed
S.H.O.D. regulations, he feels that the recommendation should be
reviewed by the Ad Hoc Planning Advisory Committee.
Commissioner Mathews commented on the proposed regulations
stating Market Street is quite different from the Military
Cut-off Road, Eastwood Road, and the River Road. He also
recommended this issue being addressed by the Ad Hoc Planning
Advisory Committee.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of the proposed Special Highway
Overlay District regulations. The fOllowing persons commented:
Mr. Larry Matthews, 7802 Market Street, urged the
Commissioners to adopt the S.H.O.D. regulations in order to avoid
hOdgepodge zoning from Ogden to the northern end of the County.
Mr. Churchill Hornstein, representing the Earth Day Alliance
of the Lower Cape Fear, encouraged the Commissioners to approve
the S.H.O.D. regulations in order to allow an orderly form of
growth and development on Market Street.
Mr. Otis Johnson, representing the Porters Neck Quality of
Life Association, encouraged adoption of the regulations in order
to protect the US Highway 17 entrance into New Hanover County.
He stated every consideration should be given to the property
owners on Market Street; however, strip zoning must be stopped.
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8 52 MINUTES OF REGULAR MEETING, MARCH 5, 1990 (CONTINUED)
Chairman Retchin asked if anyone present would like to speak
in opposition to the proposed Special Highway Overlay District
regulations. The following persons commented:
Mr. Jim Sandy, a resident of Bayshore Estates, stated the
highest and best use of Market Street is for commercial
development and that the proposed regulations are too
restrictive. He recommended modifying the setbacks for building
to 75 ft. and setbacks for parking to 25 ft.
Ms. Naomi Yopp, a property owner in Kirkland for the past 50 0
years, expressed concern for being told she cannot use her
property as she so desires. She stated many property owners on
Market Street will be greatly impacted by the passage of the .
proposed S.H.O.D. regulations and encouraged the Commissioners to
deny this request and allow these small property owners to
develop their land.
Mr. Don Nichols, owner of Liberty Green Shops, expressed
concern for the proposed setbacks being too restrictive and
requested the Commissioners to study this matter further before
adopting the recommendations.
Chairman Retchin closed the Public Hearing.
Commissioner Barfield stated this issue cannot be completely
addressed until completion of the 1991 Land Use Plan Update.
Motion: After discussion of the proposed S.H.O.D. regulations
being too restr icti ve for Market Street, Commissioner Barf ield
MOVED, SECONDED by Commissioner Mathews to refer the proposed
Special Highway Overlay District regulations to the Ad Hoc
Planning Advisory Committee for further study. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
BREAK 0
Chairman Retchin recessed the meeting for a break from 9:18
o'clock P.M. to 9:26 o'clock P.M.
PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 11 ACRES ON THE
NORTHWEST SIDE OF US HIGHWAY 17 (MARKET STREET) APPROXIMATELY 600
FEET SOUTH OF PORTERS NECK ROAD TO B-2 BUSINESS FROM R-15
RESIDENTIAL (AN APPEALED CASE Z-398)
Chairman Retchin opened the Public Hearing.
Planning Director Hayes presented background information on
the rezoning request stating after numerous continuances the
petitioner withdrew the original petition and resubmitted an
application. The Planning Commission voted to deny the rezoning
request with the conclusion that no significant changes had
occurred since denial of the original petition.
Chairman Retchin asked if
would like to speak in favor
following person commented:
anyone from the general public
of the rezoning request. The
Mr. Kenneth Parker, the petitioner, presented slides and
pictures depicting the various businesses located in the area.
He requested the Commissioners to approve the B-2 rezoning
request which is a continuation of commercial zoning already in
place and is the best use for the property.
Chairman Retchin asked if anyone from the general public
would like to speak in opposition to the rezoning request. The
following persons commented:
o
Mr. Allen Sullivan,
commented on the Porters
Commissioners to deny this
on Market Street.
a resident \of Porters Neck Road,
Neck Land Use Plan and urged the
request in order to avoid strip zoning
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MINUTES OF REGULAR MEETING, MARCH 5, 1990 (CONTINUED)
853
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Mr. Conrad Lowman, a resident of Porters Neck Road,
commented on the quality of life in this area and urged the
Commissioners to avoid strip zoning which will allow for the
establishment of numerous shopping centers along Market Street.
Mr. Kenneth Bowman, a resident of the Ogden area, expressed
concern for speculation of this property stating it is illegal to
rezone land for profit only and that, in his opinion, this is why
Mr. Parker has requested the rezoning.
Chairman Retchin closed the Public Hearing.
Commissioner Mathews commented on a neighborhood meeting of
the Porters Neck area asking Mr. Parker if he attended the
meeting, and did he discuss the proposed plans for placement of a
shopping center on this property? Mr. Parker stated he did
attend the meeting. Commissioner Mathews stated approximately
170 residents attended the meeting and that an overwhelming
number of residents felt a shopping center was not needed in this
area. Mr. Parker stated according to the study performed by the
Planning Staff, 35% were in favor of a shopping center with 65%
in opposition and that, for the record, he would not place any
structure on a piece of property that would not beautify the area
or be detrimental to adjacent property owners.
Vice-Chairman Corbett asked Mr.
difference in this petition and the
Parker stated he now owns the property.
Parker
original
to explain
petition.
the
Mr.
Motion: After discussion of supporting the recommendations of
the Planning Commission and Planning Staff, Commissioner O'Neal
MOVED, SECONDED by Chairman Retchin to deny the B-2 zoning
request. The floor was opened for discussion.
Substitute Motion: After discussion of the importance of the Ad
Hoc Advisory Committee studying future commercial development,
Commissioner Barfield made a SUBSTITUTE MOTION, SECONDED by
Commissioner Mathews to deny any rezoning requests in this area
until the Ad Hoc Planning Advisory CommIttee has presented a
study on commercial development on US Highway 17 from Ogden to
the northern end of the County and to postpone Mr. Parker's
rezoning request until this study has been completed. Upon vote,
the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner Mathews
Vice-Chairman Corbett
Voting Nay: Commissioner O'Neal
Chairman Retchin
Commissioner O'Neal stated, for the record, he feels the
rezoning request is wrong in principal should be denied.
Mr. Parker stated this area will eventually become
commercial property and agreed to continue the Public Hearing
until completion of the study.
Commissioner Barfield commented on the fact that Mr. Parker
purchased the property knowing it was zoned R-15; therefore, he
should not feel he is being treated unfairly when he was fully
aware that the Commissioners are carefully studying further
commercial development in this area.
WITHDRAWAL OF APPLICATION FOR SPECIAL USE PERMIT TO UPGRADE AN
-EXISTING COMMERCIAL MARINA AT THE EAST END OF LODER AVENUE AND
ALLEN'S ROAD (S-312)
Attorney Jeffrey P. Keeter, representing the petitioner,
Marengo, Inc., withdrew the application for the Special Use
Permit due to incompletion of the final plans and additional time
needed to properly present the request.
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85'4 MINUTES OF REGULAR MEETING, MARCH 5, 1990 (CONTINUED)
CONTINUANCE OF PUBLIC HEARING TO CONSIDER REQUEST TO MODIFY THE
SUBDIVISION ORDINANCE TO REQUIRE ALL DRAINAGE, UTILITY AND ROAD
DESIGNS BE PREPARED BY A PROFESSIONAL ENGINEER OR A REGISTERED
LAND SURVEYOR (APPEALED CASE A- 211)
County Attorney Pope requested r~moval of this item until
April 2, 1990, since recent developments have occurred that will
require additional review by the Legal Department. He stated the
local attorneys involved in this matter have been informed of the
request to continue this item and do not object to postponement.
Chairman Retchin recommended postponement of this item until CJ
the case pending in the State Court is settled.
Commissioner Barfield recommended a report from the Legal
Department on this matter at the meeting of April 2, 1990.
Chairman Retchin asked if anyone
would like to address this issue.
commented:
from the general public
The fOllowing persons
Mr. Dan Dawson stated the existing Subdivision Ordinance
under Section 32 (Preliminary Plat) states the name and address
of the owner, subdivider, surveyor, engineer, or any other
professional preparing the plat should appear on the preliminary
plat when submitted to the Planning Staff. He expressed concern
for the County Planning Staff interpreting this statement as
meaning "anyone" preparing the plat and recommended this issue be
addressed by the Legal Department when studying the proposed Text
Amendment.
Mr. Howard Capps, a local landscape architect, stated his
association is in favor of the Text Amendment but would recommend
that landscape architects be included in the names listed under
Section 32 of the Subdivision Ordinance.
Motion: Chairman Retchin MOVED, SECONDED by Commissioner Mathews
to continue the Public Hearing until a report is prepared by the
County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY.
[]
PUBLIC HEARING TO CONSIDER A REQUEST BY ADJOINING PROPERTY OWNERS
ON NORTHWEST AVENUE ( SR 1339) TO RENAME THE ROAD TO NORTHEAST
AVENUE LOCATED IN THE COMMUNITY OF CASTLE HAYNE, CAPE FEAR
TOWNSHIP (S-57)
Chairman Retchin opened the Public Hearing.
Planning Director Hayes presented background information on
the proposed renaming of Northwest Avenue to Northeast Avenue
stating the Planning Department recommends approval.
Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the proposed
street renaming. No one commented.
Chairman Retchin closed the Public Hearing.
Motion: Vice-Chairman Corbett MOVED, SECONDED by Commissioner
Mathews to adopt the ordinance renaming Northwest Avenue to
Northeast Avenue as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of C
the minutes and is contained in Exhibit Book XVIII, Page 7. .
PUBLIC HEARING TO CONSIDER A REQUEST BY ADJOINING PROPERTY OWNERS
ON BLACKTOWN ROAD (SR 1343) TO RENAME THE ROAD TO FULTON AVENUE
LOCATED IN THE COMMUNITY OF CASTLE HAYNE, CAPE FEAR TOWNSHIP
(SN-56)
Chairman Retchin opened the Public Hearing.
Planning Director Hayes presented background information on
the road renaming stating the Planning Staff recommends approval.
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MINUTES OF REGULAR MEETING, MARCH 5, 1990 ( CONTINUED)
855
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Chairman Retchin asked if anyone from the general public
would like to speak in favor of or in opposition to the road
renaming request. No one commented.
Chairman Retchin closed the Public Hearing.
Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chairman
Retchin to adopt the ordinance renaming Blacktown Road to Fulton
Avenue as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the ordinance is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XVIII, Page 7.
ADOPTION OF RESOLUTION OF INTENT TO CLOSE A PORTION OF HICKORY
STREET LOCATED IN THE COMMUNITY OF CASTLE HAYNE, CAPE FEAR
TOWNSHIP (SC-48)
Planning Director Hayes expressed concern for continually
closing segments of old roads in the Castle Hayne area stating
some of these existing rights-of-way may be needed for future
access and utility easements.
Mr. Tom Reeves, the petitioner, requested the Commissioners
to adopt the Resolution of Intent to close a portion of Hickory
Street in order to provide parking spaces for his restaurant.
County Attorney Pope recommended the possibility of
preparing an access easement when considering the request.
Motion: After further discussion, Commissioner Barfield MOVED,
SECONDED by Vice-Chairman Corbett to adopt the Resolution of
Intent to schedule a Public Hearing to be held on April 2, 1990.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XVIII, Page 7.
ADOPTION OF RESOLuTION RATIFYING THE NEW HANOVER COUNTY/PENDER
COUNTY BOUNDARY LINE SURVEY
County Attorney Pope presented a copy of the preliminary
plat stating the line has been examined by staff members of both
counties and requested adoption of the resolution ratifying the
boundary line as submitted.
Motion: Vice-Chairman Corbett MOVED, SECONDED by Chairman
Retchin to adopt the resolution ratifying the New Hanover
County/Pender County boundary line survey with authorization for
the Chairman to execute the document. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XVIII, Page 7.
ADOPTION OF RESOLUTION OPPOSING DISCONTINUATION OF BUS SERVICE
BETWEEN FAYETI'EVILLE AND WILMINGTON BY GREYHOUND LINES, INC.
Motion: After discussion of the need to continue bus service
between Wilmington and Fayetteville, Chairman Retchin MOVED,
SECONDED by Commissioner Mathews to adopt the resolution opposing
discontinuation of the bus service. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the resolution is hereby incorporated as a part of
the minutes and is contained in Exhibit Book XVIII, Page 7.
MEETING RECESSED TO HOLD A REGULAR MEETING OF THE NEW HANOVER
COUNTY WATER & SEWER DISTRICT
Chairman Retchin recessed the meeting from 10: 29 0' clock
P.M. to 10:36 o'clock P.M. to hold a meeting of the New Hanover
County Water & Sewer District.
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
Vice-Chairman Corbett to be Out-of-Town on March 26-28, 1990
Vice-Chairman Corbett announced he will be attending a
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8'5fa:NUTES OF REGULAR MEETING, MARCH 5, 1990 (CONTINUED)
conference on March 26-28, 1990, and be unable to attend the
regular meeting of March 26, 1990.
Chairman Retchin to be Out-of-Town on May 21, 1990
Chairman Retchin announced he will unable to attend the
regular meeting of May 21, 1990, and requested Vice-Chairman
Corbett to preside in his absence.
Discussion of Visit by New County Manager
Vice-Chairman Corbett asked when Allen O'Neal
visiting the County offices?
will be
Chairman Retchin stated Allen O'Neal will be in
Tuesday, March 13, 1990, and is meeting with him at 9:00
requested the Commissioners to contact the Clerk to the
they desire to schedule a meeting with Mr. O'Neal.
town on
A.M. He
Board if
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Appreciation Expressed to Acting County Manager Mary Gornto
Vice-Chairman Corbett expressed appreciation to Acting
County Manager Gornto for the excellent job performed as Acting
County Manager.
Motion: After further discussion of the outstanding job
performed by Mary Gornto, Vice-Chairman Corbett MOVED, SECONDED
by Chairman Retchin to compensate her for the job performed with
the amount to be decided at a later date. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
EXECUTIVE SESSION
Chairman Retchin requested an Executive Session to discuss
the possibility of purchasing a utility system.
Motion: Commissioner Mathews MOVED, SECONDED by Chairman Retchin
to convene to Executive Session to discuss the possible purchase
of a utility system. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin convened from Regular Session to Executive [l
Session at 10:35 o'clock P.M. .
Motion: Commissioner Mathews MOVED, SECONDED by Commissioner
Barfield to reconvene to Regular Session. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
Chairman Retchin reconvened to Regular Session at 10:58
o'clock P.M.
Discussion of 1-40 Impact study
Vice-Chairman Corbett presented an information package on
the proposed I-40 Impact Study stating this information will be
available in the Clerk's office for review by the Commissioners.
Discussion was held on the County not participating In
funding of the study. Chairman Retchin suggested that the
Commissioners may want to reconsider this funding request since
the study is designed to assist small communities along the I-40
corridor to develop businesses and industry which will be
beneficial to surrounding counties and in turn will benefit New
Hanover County.
Commissioner Barfield stated New Hanover County will not
benefit from the study and recommended that the decision to deny
funding request remain as acted upon.
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ADJOURNMENT
Commissioner Barfield MOVED, SECONDED by Commissioner
Mathews to adjourn. Upon vote, the MOTION CARRIED UNANIMOUSLY.
Chairman Retchin adjourned the meeting at 11:01 o'clock P.M.
~ec~~tted'
~ F. Harrell
Clerk to the Board
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