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1985-07-01 Regular Meeting 915 MINUTES OF REGULAR MEETING, JULY 1, 1985 ASSEMBLY The New Hanover County Board of Commissioners met in Regular session on Monday, July 1, 1985, at 4:30 o'clock P.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. I Members present were: Commissioners John Dolan; Claud 0' Shields, Jr.; Fred Retchin; Vice-Chairman Jonathan Barfield, Sr.; County Manager, G. Felix Cooper; County Attorney, Robert W. Pope; and Clerk to the Board, Lucie F. Harrell. Chairman O'Neal arrived late. Commissioner O'Shields gave the invocation. APPROVAL OF MINUTES Commi ss ioner Retchin MOVED, SECONDED by Commi s s ioner O'Shields to approve the minutes of May 20, 1985, with a change of wording as follows on Page 877, Paragraph 1, in the amount of $8,000 additional for the fiscal year 84/85. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Vice-Chairman Barfield Absent: Chairman O'Neal Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to approve the minutes of the Special Meeting of June 3, 1985, as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Vice-Chairman Barfield Absent: Chairman O'Neal Commi s sioner Retchin MOVED, SECONDED by Commi ss ioner O'Shields to approve the minutes of the Regular Meeting of June 3, 1985, as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Vice-Chairman Barfield Absent: Chairman O'Neal ARRIVAL OF CHAIRMAN O'NEAL Chairman O'Neal arrived at 4:35 o'clock P.M. NON-AGENDA ITEMS Chairman O'Neal asked if any member of the general public wished to address the Comissioners on any item that is listed on the Consent Agenda or any subject not listed on the Regular Agenda. No one commented. I APPROVAL OF CONSENT AGENDA Commissioner Retchin commented on Item 4, Approval of Airport Ordinance Amendment and New Hanover County Code of Ordinances, "Offenses" Section - Parking, expressing appreciation to the Legal Department for inclusion of handicapped zone violations in the amendments MOVING, SECONDED by Commissioner Dolan to approve the following Consent Agenda items: --ollI 916 MINUTES OF REGULAR MEETING, JULY 1, 1985 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) CONSENT AGENDA Approval of 1985 Holiday Schedule for County Employees The Commissioners approved a revised 1985 Holiday Schedule for County Employees. A copy of the revised schedule is on file in the Personnel Office. Approval of Grant Application for LSCA Title I Enrichment Funds - Library The Commissioners approved an application for LSCA Title I Enrichment Grant in the amount of $16,105 for the Library to upgrade its basic collection in designated area. Adoption of Capital Project Ordinance - Schematic Design - New Terminal Complex - Airport The Commissioners adopted a Capital Project Ordinance for Schematic Design for the new terminal complex at the New Hanover County Airport with approval of the following Budget Amendment to establish toe Project budget: Debit Acct. #670-450-8000-3223, NC DOT Grant $44,247 Acct. #600-450-4570-9020, Trans. to Capital Projects/Term 44,246 Credit Acct. #670-450-8000-6312, HNTB - WA 84-3 $88,493 A copy of the Project Ordinance is on file in Exhibit Book XIII, Page 14. Approval of Airport Ordinance Amendment and New Hanover County Code of Ordinances, nOffensesD Section - Parking The Commissioners approved Ordinance and the New Hanover "Offenses" Section to provide for the Parking Ordinance. an amendment to the Airport County Code of Ordinances, civil penalties for violating Approval of Lease Assignment and Lease Amendment - Applied Analytical Industries - Airport The Commissioners approved the assignment of a Lease Agreement between New Hanover County and Applied Analytical Industries to United Carolina Bank with approval of an Amendment to the Lease Agreement, authorizing the Chairman to execute the documents. Approval of Ownership Transfer - Air Wilmington, Inc. - Airport The Commissioners approved a transfer of approximately 62% of the ownership of Air Wilmington, Inc. from Mr. Harry W. Cherry to Mr. William S. Cherry. Approval of Amended License Covering the Installation of a Runway End Identifier Light (REIL) for Runway 5 - Airport The Commissioners approved the amended license covering the installation of a runway end identifier light (REIL) for Runway 5 at the New Hanover County Airport authorizing the Chairman to execute the license. "- 917 MINUTES OF REGULAR MEETING, JULY 1, 1985 (CONTINUED) DISCUSSION OF LEVYING TAX FOR FIRE SERVICE DISTRICT County Attorney Pope stated it would be impossible to levy a tax for the Fire Service District this year under the Budget and Fiscal Control Act of the State of North Carolina. He stated he had discussed this matter with the Attorney General, Local Government Commission, and Institute of Government, stating it was not possible to levy the tax until the Fiscal Year 1986/87 recommending continuance of the Public Hearing to be held on July 23, 1985, to establish a Fire Service District. I After discussion, it was the consensus of the Board to hold the Public Hearing as planned for establishment of the Fire Service District. APPROVAL OF OUTSIDE AGENCY CONTRACTS Approval of Outside Agency Contracts for Volunteer Fire Departments County Manager Cooper gave background information on the outside agency contracts requesting adoption of a resolution to enter into contracts with the Volunteer Fire Departments. After discussion, Commissioner Dolan MOVED, SECONDED by Commissioner Retchin to adopt the resolution authorizing the County Manager to execute the contracts for funding in the amount of $311,976 through June 30, 1986, with approval of the following Budget Amendment: 86-00000001 Contribution to Fire Departments Appropriated Fund Balance Contract Services Debit $311,976 Credit $311,976 I Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is on file in Exhibit Book XIII, Page 15. Approval of Outside Agency Contracts of Agencies Serving Public Purposes County Manager Cooper stated the City of Wilmington included in their contract for funding with the Committee of 100 the following three items: (1) a bi-monthly status report of on- going activities; (2) copies of expense reports on a monthly basis; and (3) a program or plan for economic development using the City's funds for the coming year. He recommended the County drawing a contract with similar requirements. Commissioner 0' Shields expressed concern for requiring one particular agency to submit more data for financial accountability than any other recommending that all contracts be wri tten as such. I After a lengthy discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to delete the last sentence of Pargarph 6.3 in the contract for the Committee of 100 and change the wording in the first sentence of Paragraph 6.3 to read as follows: "County Access to Financial Records." Receipient shall allow the County, or its designated representative, access to and the right to inspect and copy at reasonable hours all finiancial records; and to change the wording of Paragraph 6.5 to read as follows: "Access to Other Information and Reports." Upon request from the County, receipient shall provide, in writing, information concerning activities. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Barfield requested holding the contract for Offender Aid and Restoration until he could discuss further details with Budget Officer, Cam McAbee. He, also, requested authorization for the Chairman to execute the contract and release funding upon solution of these problems. -"Il 918 MINUTES OF REGULAR MEETING, JULY 1, 1985 (CONTINUED) Approval of Outside Agency Contracts of Agencies Serving Public Purposes (Continued) Commissioner 0' Shields requested holding the contract for the North Carolina Army National Guard for further discussion on July 22, 1985. After further discussion, Commissioner Dolan MOVED, SECONDED by Commissioner 0' Shields to adopt a resolution authori zing the Chairman to execute contracts presented holding the N. C. Army National Guard contract for further discussion on July 22, 1985. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XIII, Page 15. Adoption of Resolution to Enter into Contracts With the County Volunteer Rescue Squads Commissioner Dolan MOVED, SECONDED by Commissioner O'Shields to adopt a resolution to enter into contracts with the New Hanover Volunteer Rescue Squad, Inc.; Ogden Volunteer Rescue Squad, Inc. and Pleasure Island Volunteer Rescue Squad, Inc. authorizing the Chairman to execute the documents. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit Book XIII, Page 15. DISCUSSION AMBULANCE FRANCHISE - COMPREHENSIVE HOME HEALTH CARE County Manager Cooper commented on payment for the indigent for ambulance trips outside of New Hanover County. He stated he had discussed this problem with Ed Harris and recommended not including a clause in the contract for indigent care for citizens outside of New Hanover County with Ed Harris and New Hanover Memorial Hospital working out the problem. After a lengthy discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the contract with omission of the clause for indigents in other counties and to approve the letters submitted by the County Manager to New Hanover Memorial Hospital and Comprehensive Home Health Care. Upon vote, the MOTION CARRIED UNANIMOUSLY. POSTPONEMENT OF ITEM i8 - DMINIMUM SECURITY JAIL FACILITyn - OLD AGRICULTURAL EXTENSION BUILDING It was the consensus of the Board to postpone this item until the July 22, 1985, since Judge Gilbert Burnett had requested to be placed on the agenda. REQUEST BY SHERIFF'S DEPARTMENT TO PURCHASE OFF-ROAD VEHICLE Captain L. P. Hayes appeared before the Commissioners requesting purchase of an off-road vehicle to patrol certain areas of beaches that are inaccessible to regular vehicles. He stated the vehicle would be utilized on Masonboro Island, the northern end of Carolina Beach, northern end of Wrightsville Beach, and Fort Fisher. Chairman O'Neal suggested contacting the local volunteer airplane pilots asking if they would be willing to assist by patrolling inacessible areas. After further discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Dolan to approve the purchase of the vehicle with approval of funding from Contingencies of the FY 1985/86 Budget. Upon vote, the MOTION CARRIED UNANIMOUSLY. COMMITTEE APPOINTMENTS APPOINTMENT OF WILBUR KIRK TO SERVE ON THE CAPE FEAR TECHNICAL INSTITUTE BOARD OF TRUSTEES Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to appoint Wilbur Kirk to serve a 4-year term on the Cape Fear Technical Institute Board of Trustees expiring June 30, 1989. "- .... 919 MINUTES OF REGULAR MEETING, JULY 1, 1985 (CONTINUED) APPOINTMENT OF KIRK TO CAPE FEAR TECHNICAL INSTITUTE BOARD OF TRUSTEES (CONTINUED) Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner O'Shields Commissioner Retchin Chairman O'Neal I Voting Noe: Vice-Chairman Barfield APPOINTMENT OF BYRON G. BEALL TO SERVE ON THE MUSEUM BOARD OF TRUSTEES Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to appoint Mr. Byron G. Beall to serve a 3-year term on the Museum Board of Trustees expiring June 30, 1988. Upon vote, the MOTION CARRIED UNANIMOUSLY. ADDITIONAL ITEMS - COUNTY COMMISSIONERS REPORT OF RENEWAL OF CONTRACT WITH PIEDMONT AIRLINES Commissioner Dolan gave a report on the negotiations by the Airport Commission for renewal of the Piedmont Airlines lease stating progress had been made with a proposed offer submitted to Piedmont stating he would keep the Commissioners informed. DISCUSSION OF SCHEDULING WORK SESSION WITH HOSPITAL BOARD OF TRUSTEES Commissioner Retchin commented on scheduling a work session with the Hospital Board of Trustees as requested at the May 20, 1985, meeting stating a commitment was made to schedule a meeting within 60 days. I Chairman O'Neal stressed the importance of a presentation by someone other than the Hospital Board to discuss and inform the Commissioners of any other options available. After discussion, it was the consensus of the Board to schedule a tentative meeting on Monday, July 29, 1985, to hear pros and cons by qualified experts. ADDITIONAL ITEMS - COUNTY MANAGER APPROVAL OF LEASE WITH PURSER COMPANY FOR LEASING SPACE WITH LAT PURSER, LANDLORD, GLEN MEADE SHOPPING CENTER Health Director, Bob Parker, appeared before the Commissioners requesting approval of a lease agreement with Lat Purser, Landlord, Glen Meade Shopping Center for moving the Home Health Care Program. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to authorize the County Manager to sign a contract subject to the approval of the County Attorney for leasing of space in the Glen Meade Shopping Center. Upon vote, the MOTION CARRIED UNANIMOUSLY. I APPROVAL OF LETTER REQUESTING APPOINTMENT OF DAN SUMMERS TO SERVE ON THE REGION 0 EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner Dolan to approve a letter requesting appointment of Dan Summers to serve on the Region 0 Emergency medical Services Advisory Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. ELECTION OF VOTING DELEGATE FOR 70TH ANNUAL CONFERENCE OF THE N. C. ASSOCIATION OF COUNTY COMMISSIONERS Commissioner O'Neal MOVED, SECONDED by Commissioner 0' Shields to appoint Chairman O'Neal as the voting delegate at the 70th Annual Conference of the N. C. Association of County Commissioners. Upon vote, the MOTION CARRIED UNANIMOUSLY. -olIlI 920 MINUTES OF REGULAR MEETING" JULY 1, 1985 (CONTINUED) EXECUTIVE SESSION Commissioner Retchin MOVED, to recess the Regular Session personnel matter. Upon vote, the SECONDED by Commissioner Dolan to Executive Session for a MOTION CARRIED UNANIMOUSLY. Chairman O'Neal recessed the Regular Meeting to Executive Session at 5:55 o'clock P.M. Commissioner O'Shields MOVED, SECONDED by Commissioner Dolan to recovene to Regular Session. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal reconvened the meeting to Regular Session at 6:10 o'clock P.M. REGULAR MEETING RECESSED FOR DINNER Chairman O'Neal recessed the meeting for dinner from 6: 11 o'clock P.M. to 7 :00 o'clock P.M. PUBLIC HEARING Notice had been given that a Public Hearing would be held by the New Hanover County Board of Commissioners on Monday, July 1, 1985, at 7:00 P.M. in the Assembly Room of the County Administration Building, 320 Chestnut Street, Wilmington, North Carolina, to consider the following: PUBLIC HEARING TO CONSIDER CLOSING A SECTION OF CANBY BRANCH ROAD The petitioner, Ms. Margaret A. Olsen, gave background information on the road closing presenting a map stating Caney Branch was never a road from the date of survey. She expressed concern for she and her mother with reference to safety stating if her brother's adjoining property is sold the new owners could demand more right-of-way and open a road through their property. Chairman O'Neal asked if anyone present wished to speak in opposition to the road closing. The following person commented: Mr. John Olsen, brother of Ms. Olsen, stated this was the only access road to his portion of the property commenting on the difficulties in selling the property without access. He requested consideration of the Board to deny the petition to close the road. Commissioner O'Shields commented on the tax deed to property asking if a right-of-way or easement was given. Mr. Olsen stated no access was given to the property due the fact he was farming the property. County Attorney Pope commented on vested rights stating the issue would have to be decided by the Courts not the Board of Commissioners. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to table the request for 30 days to see if the problem could be resolved since the fees have been paid by Ms. Olsen. Upon vote, the MOTION FAILED TO CARRY AS FOLLOWS: Voting Aye: Commissioner Retchin Commissioner O'Shields Voting Noe: Commissioner Dolan Vice-Chairman Barfield Chairman O'Neal After a lengthy discussion and encouragement for the parties involved to work out this situation, Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to deny the closing of the road. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner Retchin Vice-Chairman Barfield Chairman O'Neal "'- -...... 921 MINUTES OF REGULAR MEETING, JULY 1, 1985 (CONTINUED) PUBLIC HEARING - CLOSING A SECTION OF CANEY BRANCH ROAD (CONTINUED) Voting Noe: Commissioner O'Shields PUBLIC HEARING TO CONSIDER CLOSING ALL OF SYCAMORE AVENUE Planning Director Hayes gave background information on the road closing stating the Planning Staff had no objection since the remaining portion of road is not accessible for vehicular use. I Chairman O'Neal asked if anyone present wished speak in favor of the road closing. The following person commented: Mr. Bill Walton Chairman O'Neal asked if anyone present wished to speak in opposition to the road closing. No one commented. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to close the remaining portion of Sycamore Avenue. Upon vote, the MOTION CARRIED UNANIMOUSLY. 16. A copy of the order is contained in Exhibit Book XIII, Page PUBLIC HEARING TO CONSIDER ISSUING A SPECIAL USE PERMIT TO LOCATE A MOBILE HOME ON THE NORTH SIDE OF TERESA DRIVE, 750 FEET EAST OF CASTLE HAYNE ROAD Planning Director Hayes and Planner Avery gave background information and presented a slide presentation on the property involved stating the four general requirements had been met. I Chairman O'Neal asked anyone present wishing to comment on the lssuance of the Special Use Permit to step forward to be duly sworn in. The following person was sworn in: Ms. Virginia Eason Chairman O'Neal asked if anyone present wished to speak in favor of the request. The following person commented: Ms. Virginia Eason, the petitioner, requested approval of the request to locate the mobile home on Teresa Drive stating she agreed with the presentation and statements made by the Planning Staff. She also commented on the fact that she would receive a septic tank permit once a 4-foot drainage ditch had been dug on the back of the property. Chairman O'Neal asked if anyone present wished to speak in opposition to the request. No one commented. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Dolan to approve the Special Use Permit to locate a mobile home on Teresa Drive upon receipt of the Septic Tank Permit by the Health Department. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Special Use Permit is contained in SUP Book I, Page 5. I PUBLIC HEARING TO CONSIDER ZONING REGULATIONS, INCLUDING THE CREATION OF A NEW ZONING DISTRICT, RURAL-AGRICULTURAL (RA), IN THE CASTLE HAYNE AND SURROUNDING UNZONED AREA OF NEW HANOVER COUNTY Planning Director Hayes and Planner Avery gave background information on the proposed zoning district, Rural-Agricultural for Castle Hayne. Planning Director Hayes stated three major issues were considered in the plan: (1) to protect the aquifer recharge; (2) protect and perserve farmland; and (3) consistency with County policies for Growth and Development, including land use patterns. ---..olll 922 MINUTES OF REGULAR MEETING, JULY 1, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER ZONING REGULATIONS FOR CASTLE HAYNE (CONTINUED) A map and overlays were presented showing the proposed zoning for Castle Hayne. Chairman O'Neal asked if anyone present wished to speak in favor of the zoning regulations. The following person commented: Mr. David Sneeden stated zoning could certainly benefit the Castle Hayne areas recommending the Planning Board to change some area to R-15 or R-IO. r Chairman O'Neal asked if anyone present wished to speak in opposition to the proposed zoning regulations. The following persons commented expressing concern for the aquifer and farmland: Ms. Myrtle Barnhill Ms. Charlene Pete Mr. Mike Vaughan Ms. Madeline Jones Mr. Larry Matthews Ms. Beckey Koen Mr. Ted Glod Discussion was held on the Rural Agricultural District and the Table of Permitted Uses as follows: Mobile Homes - Special Use Permit Mobile Home Parks - Special Use Permit Convenience Food Store - Special Use Permit After a lengthy discussion of the dimensional requirements and the zoning of General Electric to I-I instead of I-2, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve the zoning regulations as presented by the Planning Board and Planning Staff with the following changes: r Dimensional Requirements (1) Minimum lot area - reduce from 45,560 feet to 30,000 - reduce from 60,000 feet to 50,000 for duplexes (2) Minimum lot width - reduced from 125 feet to 115 feet Change the Zoning District for the General Electric tract from I-I to 1-2. Upon vote, the MOTION CARRIED UNANIMOUSLY. Planning Director Hayes requested direction of the Board in handling current mobile home park applications that have been submitted to the Planning Board prior to approval of zoning regulations for Castle Hayne. Commissioner 0' Shields stated he felt the mobile home applications should be grandfathered in since they had been presented before approval of zoning for Castle Hayne. ,- After discussion and explanation by Attorney Silliman of the effective date, it was the consensus of the Board to direct the Planning Staff to apply the zoning regulations effective July 1, 1985. Commissioner O'Shields expressed appreciation to the Planning Staff, Planning Board and citizens of Castle Hayne for working together to formulate a plan for zoning the area. BREAK Chairman O'Neal recessed the meeting for a break from 9:02 o'clock P.M. to 9:12 o'clock P.M. ~ -.... 923 MINUTES OF REGULAR MEETING, JULY 1, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING PROPERTIES FORMALLY KNOWN AS NORTHCHASE, LOCATED ON BOTH SIDES OF NC 132 NORTH OF CITY OF WILMINGTON AND SOUTH OF BLUE CLAY ROAD, ENCOMPASSING APPROXIMATELY 751 ACRES FROM 1-2 INDUSTRIAL AND R-15 RESIDENTIAL TO PD PLANNED DEVELOPMENT DISTRICT Planning Director Hayes and Planner Avery gave background information on the rezoning request and site plan for a Planned Development District stating the Planning Staff recommended approval of the request with the following conditions: I A. Specific stormwater management data be provided as per Section 53.5-2(6)(B)4 as each section is submi tted for review. Also, cros s sectional details for roads should be submitted for review as each section is considered. B. The arrangements for the provision of water and sewer services to the side should be clearly stated (i.e. whether each system is private or public or a combination of the two). C. Density projections for each development should be clearly stated and specific housing types should be delineated where feasible. D. All road improvements suggested by NCDOT shall be implemented; consideration should be given for a future access point for Blue Clay Road. E. Contributions to the appropriate fire district; and school improvements or contributions as needed. F. Buffers be provided pursuant to Section 67 of the Landscape Ordinance. I Chairman O'Neal asked if anyone present wished to speak in favor of the PD request. The following persons commented: Mr. Judd Ammons Mr. Dale Holland Mr. Holland gave background information on the site plan giving details of each phase to be developed. Commissioner O'Shields expressed concern for access points on Highway 132 from the standpoint of deceleration or turn lanes asking Mr. Holland what provisions had been made to address this problem. Mr. Holland stated the intersection designs for the four points of access have expanded right-of-ways off of Highway 132 with a divided media for stacking lanes for traffic entering on to Highway 132. He stated he had not received a final design from the Department of Transportation. Chairman O'Neal asked if anyone present wished to speak in opposition to the PD request. The following persons commented: I Mr. Mike Vaughan Mr. Wyatt Latimer Mr. William Funderburg Mr. Latimer, a student at Laney High School, expressed concern for traffic at the entrance of the high school stating the number of accidents he has seen at this intersection requesting consideration of the Board in addressing this problem. . Mr. William Funderburg expressed concern for the difference in statements made by Mr. Holland before the Planning Board versus statements made tonight before the Commissioners. He commented on the land being unsuitabe for septic tanks when appearing before the Planning Board stating tonight it appears they will have to install their own sewage package plant. -"Il 924 MINUTES OF REGULAR MEETING, JULY 1, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER PD ZONING - NORTHCAHSE (CONTINUED) He expressed concern for the projected 25% additional run-off to persons located below the project stating he felt the figure would be more like 50% stating his property was located beneath the development. He also commented on the water aquifer, stating under the New Hanover County Water Aquifer Program of May, 1982, the petitioner's request for PD Zoning is beyond the intended scope of complying with protection of the clean water in New Hanover County. He also commented on the proposed lakes on the property becoming sewage lagoons if a septic system is installed and express further concern for the traffic at Laney School and and the 4 inch sewer line owned by the City of Wilmington running to Smith's Creek. He commented on the surrounding creeks and the need for them to be clean in order to allow proper drainage. He requested denial of the rezoning request. r After a lengthy discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to approve the Planned Development as presented by the Planning Board with recommendations of the Planning Staff A through F with all road improvements suggested by the N. C. Department of Transportation being implemented with deceleration lanes and turning lanes to be constructed by the developer even if not required by DOT. Also, as part of New Hanover County's approval process for the four phases of NorthChase the highway improvements must be reviewed by the Planning Staff and construction dates set to coincide with the development of the various phases of NorthChase with consideration given for a future access point for Blue Clay Road. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA NO. 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is contained in ~oning Book I, Page 21. ~. f/-8 BREAK Chairman O'Neal recessed the meeting for a break from 10:25 o'clock P.M. to 10:32 o'clock P.M. r PUBLIC HEARING TO CONSIDER A MODIFICATION FOR LANDFALL, A PLANNED DEVELOPMENT DISTRICT BY CHANGING THE COMPLETION DATE FOR ROAD IMPROVEMENTS TO EASTWOOD TO JUNE 1, 1988, FROM DECEMBER 31, 1986 Planning Director Hayes gave background information on the original request to change the completion date for road improvements to Eastwood Road to June 1, 1988, stating the Planning Board felt this request was too long and recommended granting an extension to June 1, 1987. Commissioner O'Shields stated for the record he had been hired for consultant work by Mr. Goforth, the developer of Landfall, stating he had discussed the matter with the County Attorney to see if this was a conflict of interest. Chairman O'Neal asked if he wished to withdraw from voting. County Attorney Pope stated in his opinion this was no conflict of interest according to the interpretation of the General Statutes. It was the consensus of the Board that no conflict existed and Commissioner O'Shields was not asked to abstain from voting. r Chairman O'Neal asked if anyone present wished to speak in favor of the modification of for Landfall. The following person commented: Mr. John McAdams, engineer representing Goforth, Inc. developers, stated the modification being requested was submitted for the following reasons: 1. Project delays to accommodate sewer negotiations with Wrightsville Beach. ~ -.... 925 MINUTES OF REGULAR MEETING, JULY 1, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER MODIFICATION FOR LANDFALL (CONTINUED) 2. The N. C. Department of Transportation will not allow road construction on Eastwood during summer months. I Mr. McAdams emphasized the importance of the road being completed at one time. requesting the beginning of construction to Eastwood Road on October 15, 1987, with a completion date of June 1, 1988. He stated the project was behind schedule with very little occupancy in 1986. Commissioner Barfield expressed concern for the amount of traffic generated during the construction phase. Commissioner O'Shields stated no certificate of occupancy would be issued for the hotel/convention center until completion of the road. After a lengthy discussion, Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to grant the extension date of the road to June 1, 1988, or the completion date of the hotel/convention center or villa units with no certificate of occupancy being issued until the road is completed. The floor was opened for discussion. Commissioner Dolan made a SUBSTITUTE MOTION to grant the extension until June 1, 1987, as recommended by the Planning Board. Commissioner Barfield SECONDED the MOTION. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner Dolan Vice-Chairman Barfield Chairman O'Neal Voting Noe: Commissioner Retchin Commissioner O'Shields PUBLIC HEARING TO CONSIDER A MODIFIED VERSION OF A PETITION TO REZONE PROPERTY LOCATED ON THE EAST AND WEST SIDES OF MASONBORO LOOP ROAD, JUST SOUTH OF MASONBORO SOUND ROAD FROM B-1 BUSINESS TO R-15 RESIDENTIAL Planning Director Hayes gave background information on the request stating the Planning Board approved the modified version of the petition to rezone from B-1 to R-15 Residential. Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. No one commented. Chairman O'Neal asked if anyone present wished to speak in opposition to the rezoning request. No commented. After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the rezoning request as recommended by the Planning Board. 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, MASONBORO OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 15, 1969, is contained in Zoning Book I, Masonboro Section, Page 14. PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE SOUTHEAST SIDE OF CRESTWOOD AND KING'S GRANT SUBDIVISIONS AND NORTH OF MARKET STREET, ENCOMPASSING APPROXIMATELY 145 ACRES FROM R-15 RESIDENTIAL TO R-lO RESIDENTIAL Planning Director Hayes gave background information on the rezoning request stating the Planning Staff and Planning Board recommended approval. - 926 MINUTES OF REGULAR MEETING, JULY 1, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON THE SOUTHEAST SIDE OF CRESTWOOD AND KING'S GRANT SUBDIVISIONS (CONTINUED) Chairman O'Neal asked if anyone present wished to speak in favor of this request. The following person commented: Mr. Mike Mills, representing the developer, commented on the best use for the land requesting approval of the petition. r Chairman O'Neal asked if anyone present wished to speak in opposition to the requesto No one commented 0 After discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Retchin to approve the rezoning request as recommended by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF AMENDING THE ZONING MAP OF ZONING AREA NO. 9A, COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972," is Zoning Book I, Section 9A, Page 26. NEW HANOVER NEW HANOVER contained in PUBLIC BEARING TO CONSIDER A TEXT AMENDMENT TO SECTION 113 OF THE ZONING ORDINANCE, RESUBMISSION OF DENIED PETITIONS, BY DELETING WORDS TWO(2) THRU FIVE(5} IN SENTENCE ONE BY ADDING: oANY PETITION THAT INCLUDES THE SAME PARCEL OR PORTIONS THEREOF SHALL BE CONSIDERED A RESUBMITTED PETITION AND SUBJECT TO THE SAME SIX (6) MONTH WAITING PERIOD Planning Director Hayes stated the Text Amendment was proposed to close loopholes that exist regarding resubmisison of denied petitions stating the Planning Board recommended approval. , After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to adopt the Text Amendment to Section 113 of the Zoning Ordinance, Resubmission of Denied Petitions, as submitted by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER TEXT AMENDMENT TO SECTION 59.4-4(1), CONSERVATION WORKTABLE IN THE ZONING ORDINANCE, BY CHANGING THE RELATIVE IMPORTANCE VALUE OF SWAMP FOREST TO EQUAL THAT OF POCOSINS Planning Director Hayes gave background information on the proposed Text Amendment stating the field surveys indicated a need to provide equal importance in values to swamp forest and pocosin. After discussion, Commissioner Retchin MOVED, SECONDED by Commissioner O'Shields to adopt the Text Amendment to Section 59.4-4(1), Conservation Worktable in the Zoning Ordinance, as presented by the Planning Board. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING TO CONSIDER AN APPEAL WITH RECOMMENDATION BY THE PLANNING BOARD TO DENY A PETITION TO REZONE PROPETY LOCATED ON THE SOUTHEAST SIDE OF MARKET STREET, NORTH AND SOUTH OF THE ENTRANCE TO BAYSHORE DRIVE ENCOMPASSING A PORTION OF FOUR PARCELS COVERING APPROXIMATELY 27..5 ACRES FROM R-15 RESIDENTIAL TO B-1 BUSINESS Planning Director Hayes gave background information on the appeal stating the Planning Board recommended denial due to spot zoning. r Chairman O'Neal asked if anyone present wished to speak in favor of the rezoning request. The following person commented: ~ "I 'I I 9 2 ~ MINUTES OF REGULAR MEETING, JULY 1, 1985 (CONTINUED) PUBLIC HEARING TO CONSIDER AN APPEAL TO REZONE PROPERTY LOCATED ON THE SOUTHEAST SIDE OF MARKET STREET NORTH AND SOUTH OF THE ENTRANCE TO BAYSHORE DRIVE (CONTINUED) Mr. Alton Lennon, representing the petitioner, stated the petition had been revised reducing the rezoning request by seven acres. He stated that Cameron Corporation owned both the property involved and lots in Bayshore Estates explaining that this company would, not jeopardize the 500 remaining lots of the subdivision if the requested rezoning would be detrimental to the Bayshore Estates Subdivision. He respectfully requested approval of the rezoning. Mr. Stanley Rehder commented on the best use of the land in this location requesting consideration of the rezoning~ Chairman O'Neal asked if anyone present wished to speak in opposi tion to the rezoning request. The following persons commented: Mr. Larry Matthews expressed concern for spot zoning around residential areas. Mr. Carl Durham, a resident of Bayshore Estates, expressed concern for B-1 zoning in a rural, residential area requesting denial of the petition. Commissioner O'Shields commented on maintaining the R-20 zoning on lots adjacent to the entrance of Bayshore Estates from Market Street back approximately 100-200 feet and beginning the B-1 zoning behind these lots going North and South. After a lengthy discussion, Commissioner Barfield MOVED, SECONDED by Commissioner Dolan to deny the rezoning request. The floor was opened for discussion. Commissioner O'Shields made a SUBSTITUTE MOTION to leave a 200 foot strip along Bayshore Drive with the remaining portion of the property requested to be rezoned B-1. The MOTION FAILED due to not receiving a SECOND. Chairman O'Neal called for the vote on the original MOTION by Commissioner Barfield to deny the rezoning request. The MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Dolan Commissioner Retchin Vice-Chairman Barfield Chairman O'Neal Voting Noe: Claud O'Shields, Jr. ADJOURNMENT Comissioner Barfield MOVED, SECONDED by Commissioner Dolan to adjourn the meeting. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman O'Neal adjourned the meeting at 11:55 o'clock P.M. Respec~~. ~ F. Harrell Clerk