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1990-03-05 Regular Meeting r" 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. I 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. I 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 I 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 ~ 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 I 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. I 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 I 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 ~ 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 n 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 o 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: , MINUTES OF REGULAR MEETING, MARCH 5, 1990 ( CONTINUED) 847 ., 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 I 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 I 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. I 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: -....1 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? , \ ~ I I I MINUTES OF REGULAR MEETING, MARCH 5, 1990 (CONTINUED) ~/'q -. ,t' I ., 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 ~ 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: n 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. :~ I I I MINUTES OF REGULAR MEETING, MARCH 5, 1990 (CONTINUED) 851 " 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. ~ 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 ~ I I I MINUTES OF REGULAR MEETING, MARCH 5, 1990 (CONTINUED) 853 ., 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. ~ 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. I I I MINUTES OF REGULAR MEETING, MARCH 5, 1990 ( CONTINUED) 855 " 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 ~ 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 [l 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. [l 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 I \ ~