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1983-06-06 Regular Meeting 3 0 6 MINUTES OF REGULAR MEETING, MAY 16, 1984 (CONTINUED) ADDITIONAL ITEMS - COUNTY MANAGER (CONTINUED) REPORT - TASK FORCE FOR ROOM ACCO~MODATIO~STAX AND LOCAL l~ SALES TAX County Manager Cooper stated that he had scheduled a meeting on May 16, 1983, with representatives of the Towns of Wrightsville Beach, Carolina Beach, Kure Beach, City of Wilmington and the Greater Wilmington Chamber of Commerce concerning input from these areas with reference to the room tax and l~ sales tax. He stated that he had discussed this matter with Senator Julius Wright and that in order for a bill to be put into the hopper, it should be received no later than May 23 or 24, 1983. County Manager Cooper requested the opinion of the Commissioners with reference to the two alternatives for the disposition of funds. After discussion, it was the consensus of the Board to distri- bute the funds as presently done with the sales tax. ADJOURNMENT Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to adjourn the meeting. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioner Barfield Commissioner O'Neal Commissioner O'Shields Chairman Gottovi Absent: Commissioner Blake Chairman Gottovi adjourned the meeting at 3:05 o'clock P.M. Respectfully submitted, ~~~ Lucie F. Smith, Clerk MINUTES OF REGULAR MEETING, JUNE 6, 1983 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 6, 1983, at 7:25 o'clock P.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; Donald P. Blake; Nolan O'Neal; Claud O'Shields, Jr.; Chairman Karen E. Gottovi; County Manager G. Felix Cooper; County Attorney Robert W. Pope; and Clerk to the Board Lucie F. Smith. Chairman Gottovi called the meeting to order. Reverend C. E. Anderson, Pastor of Faith Temple Church of God ln Christ, gave the invocation. APPROVAL OF MINUTES OF CONTINUED MEETING, MAY 9, 1983, AND REGULAR MEETING OF MAY 16, 1983 Commissioner Blake requested that he be excused from voting on the minutes of May 16, 1983, due to his absence at this meeting. Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields that the minutes of the Continued Meeting of May 9,' 1983, be approved as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Barfield MOVED, SECONDED by Commissloner O'Shields that the minutes of the Regular Meeting of May 16, 1983, be approved as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields that the minutes of the Regular Meeting of May 16, 1983, be approved as presented with the correction of the spelling of Gloria Hoeppner's name. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioner Barfield Commissioner O'Neal Commissioner O'Shields Chairman Gottovi Abstaining-: Commissioner Blake '- MINUTES OF REGULAR MEETING, JUNE 6, 1983 (CONTINUED) 307 APPROVAL OF CONSENT AGENDA Commissioner Blake questioned the pews for the Judicial Building being made of veneer instead of solid wood. After discussion, Comm- issioner Blake MOVED, SECONDED by Commissioner O'Shields to remove Items 6 and 7 from the Consent Agenda with County Manager Cooper furnishing more information on these items at the Continued Meeting to be held on Monday, June 13, 1983, and moved that the remainder of the Consent Agenda be approved. Upon vote, the MOTION CARRIED UNANIMOUSLY. I RESOLUTION - PROPOSING ACCEPTANCE OF OFFERS TO PURCHASE SURPLUS REAL PROPERTY . The Commissioner adopted a resolution for acceptance of offers to purchase four (4) lots for the sum of $4,975 representing an ad valorem tax value of $9,370 as of 1983. The lots are located at 806 North Fourth Street, 709 Walnut Street, 209 South Eighth Street, and 919 South Eighth Street. A copy of the resolution is contained ln .Exhibit Book X, Page 19. RESOLUTION - ACCEPTING OFFERS TO PURCHASE SURPLUS REAL PROPERTY The Commissioner adopted a resolution accepting offers to purchase surplus property owned wholly or jointly by the City of Wilmington and New Hanover County. These offers have been duly advertised and were not bid upon beyond the amount specified within the statutory period allowed by law. The parcels are located at 1029 Love Alley, 904 Rankin Street, 206 North Seventh Street, 815 Orange Street, and 700 Queen Street. A copy of the resolution is contained ln Exhibit Book X, Page 19. I RESOLUTION - ACCEPTING LAND (NORTH OF GORDON ROAD) FOR COUNTY PARK IN PARKWOOD SUBDIVISION - PARKS AND RECREATION DEPARTMENT The Commissioners adopted a resolution accepting: (1) the gift of a 2.86 tract of land from Daniel Webster Trask and Wife, Julia C. Trask; and (2) an offer of dedication of the portion of Canetuck Road not previously accepted by the North Carolina Department of Transportation. A copy of the resolution is contained ln Exhibit Book X, Page 19. CONTRACT FOR ENGINEERING SERVICES - NEW HANOVER COUNTY AIRPORT The Commissioners authorized the Chairman to execute a contract with Talbert, Cox & Associates, Inc. and a Work Authorization 83-1 for engineering services not to exceed $4,400 for various airfield projects. A copy of the co~tract lS on file ln the County Manager's Office. CONTRACT - ADAP-07 PROJECT REVIEW APPRAISAL CONTRACT - NEW HANOVER COUNTY AIRPORT The Commissioners authorized the Chairman to execute a contract with Mr. Joe Robb to conduct the review appraisals and establish compensation on the purchase of avigation easements in the ADAP-07 Project. A copy of the contract is on file in the County Manager's Office. I LWCF GRANT APPLICATION - ARROWHEAD PARK - PARKS & RECREATION DEPT. The Commissioners approved a resolution authorizing the construct- lon of tennis courts in Arrowhead Park through a LWCF Grant in the amount of $15,000 representing 50% of the construction costs. A copy of the resolution is contained in Exhibit Book X, Page 20. BUDGET AMENDMENT - AIRPORT The Commissioners approved a Budget Amendment transferring funds from accounts with projected surpluses to accounts with projected shortages through the end of the fiscal year as follows: Debit - Acct. #60 3453 891, Interest Earned $15,900 60 4530 326, Professional Services 1,500 60 4530 394, M & ROther Improvements 1,000 Credit - Acct. #60 4530 340, Utilities $ 7,400 60 4530 381, Telephone & Postage 700 3 0 8 MINUTES OF REGULAR MEETING, JUNE 6, 1983 (CONTINUED) APPROVAL OF CONSENT AGENDA (CONTINUED) BUDGET AMENDMENT - AIRPORT (CONTINUED) Credit - Acct. #60 4530 391, M & R Buildings & Grounds $4,400 60 4530 392, M & R Equipment 2,550 60 4530 421, Departmental Supplies 2,000 60 4530 422, Auto Supplies 1,200 60 4530 440, Uniforms 150 BUDGET AMENDMENT - TRANSFER TO CAPITAL PROJECTS - FINANCE DEPARTMENT The Commissioners approved a Budget Amendment transferring additional revenue received to Capital Projects for Cape Fear Technical Institute Project as per the Commissioners approval on September 20, 1983, as follows: Debit - Acct. #11 11 11 #11 3211 3990 4197 9740 210, 990, 325, 900, Revenue Sharing Appropriated Fund Bal. Professional Services Transfer to Capital Projects $44,273 30,000 3 $74,276 Credit - Acct. BUDGET AMENDMENT - JUDICIAL BUILDING - ENGINEERING DEPARTMENT The Commissionemapproved a Budget Amendment in the amount of $50,000 for excess interest earned over the amount budgeted as follows: Debit - Acct. #48 3310 890, Interest on Investments Credit - Acct. #48 9000 911, Contingencies $50,000 $50,000 BUDGET AMENDMENT - OFFENDER AID AND RESTORATION The Commissioners approved a Budget Amendment in the amount of $7,200 for Offender Aid and Restoration from funds received for the District Court Farm Program as follows: Debit - Acct. Credit - Acct. #11 3585 360, CBA Funds 11 5861 570, OAR $7,200 $7,200 BUDGET AMENDMENT - NEW HANOVER COUNTY LIBRARY The Commissioners approved a Budget Amendment transferring funds to pay utility bills as follows: Debit - Acct. #11 4200 480, Miscellaneous Credit - Acct. #11 6110 340, Utilities $10,000 $10,000 BUDGET AMENDMENT - GOVERNING BODY The Commissioners approved a Budget Amendment in the amount of $4,000 additional funding for Commissioners travel as follows: Debit - Acct. #11 9800 911, Contingencies Credit - Acct. #11 4110 520, Travel, Meetings & Schools $4,000 $4,000 BUDGET AMENDMENT - SHERIFF'S DUI PATROL - SHERIFF'S DEPARTMENT The Commissioners approved a Budget Amendment reflecting items under the Federal Grant that need to be shown in the 1982/83 Budget as follows: Debit - Acct. #11 3413 220, Highway Safety Grant $3,000 Credit - Acct. #11 4313 393, Maintenance & Repair-autos $1,000 11 4313 422, Auto Supplies (Gas & Oil) 2,000 .BUDGET AMENDMENT - SOCIAL SERVICES - CAROLINA POWER AND LIGHT COMPANY ENERGY ASSISTANCE FUND The Commissioners approved a Budget Amendment for the second additional Carolina Power & Light Company Assistance Fund alloca- tion for the period January 1, 1983, through June 30, 1983 as follows: Debit - Acct. #11 3535 373, CP&L Energy Assistance Program $3,573 Credit - Acct. #11 5357 530, CP&L Energy Assistance Paymen~$3,573 r-... MINUTES OF REGULAR MEETING, JUNE 6, 1983 (CONTINUED) 309 APPROVAL OF CONSENT AGENDA (CONTINUED) BUDGET AMENDMENTS APPROVED BY THE COUNTY MANAGER The following Budget Amendments have been approved by the County Manager and were reported to the Commissioners for entry in the record as follows: Legal Department - Legal Fees Debit - Acct. #11 980d 911, Contingenciep Credit Acct. #11 4150 326, Professional Services $1,500 $1,500 I New Ha~over County Library - Money received for gift and lost books Debit - Acct. #11 6110 890, Cash Contributions Credit - Acct. #11 6110 423, Books & Materials $ $ 727 727 NON-AGENDA ITEMS - GENERAL PUBLIC Chairman Gottovi asked if anyone present wished to speak on an item not listed on the agenda. NO one commented. PROCLAMATION - NATIONAL SAFE BOATING WEEK Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to authorize Chairman Gottovi to sign the following Proclamation proclaiming the week of June 8-12, 1983, as National Safe Boating Week. WHEREAS, boating has become one of our National leisure time activities; and WHEREAS, in these unsettled world times, individual attitudes would seem to provide unprecedented occasion for accidents; and I WHEREAS, The U. S. Coast Guard Auxiliary is sponsoring Boating Safety Week, resulting in our New Hanover County waterways having a relatively safe and almost accident free record; NOW, THEREFORE, I, Karen E. Gottovi, Chairman of the New Hanover County Commissioners, do hereby proclaim the week of June 8 through June 12, 1983, as NATIONAL SAFE BOATING WEEK in New Hanover County, and ask all our citizens to support this worthwhile project. PUBLIC HEARING - 1983/84 BUDGET (INCLUDING REVENUE SHARING BUDGET) A Public Hearing was held on the proposed 1983/84 Budget. County Manager Cooper gave background information on the proposed budget stating that he would be glad to answer any questions that the Commissioners or general public may wish to ask. Finance Director Atkinson stated that the funds received from revenue sharing would be in the amount of $1,315,792 and would be used for two purposes: (1) the Judicial Building in the amount of $968,444, and (2) the Steam Plant in the amount of $347,348 to offset interest. Chairman Gottovi asked if anyone present wished to comment on the proposed budget. The following person commented: I Ms. Madeline Jones After no other comments from the general public, the Public Hearing was closed. AIR TERMINAL PARKING COMPANY LEASE AMENDMENT - NEW HANOVER COUNTY AIRPORT Airport Manager Shackelford gave background information on the amendment of the lease agreement with Air Terminal Parking Company explaining that the execution of this lease amendment would expand the short term parking and ready rental car parking areas at the airport greatly relieving the current parking problems. County Attorney Pope recommended that the following statements be added to the lease agreement: 310 MiNUTES OF REGULAR MEETING, JUNE 6, 1983 (CONTINUED) AIR TERMINAL PARKING COMPANY LEASE AMENDMENT - NEW HANOVER COUNTY AIRPORT Page 2 - Paragraph (b) The right to provide a tow-away service for any violation or parking regulations, as DETERMINED BY THE AIRPORT MANAGER OR OTHER LAWFUL AUTHORITY, on the airport. Page 3 - 8 Section (5) (Last Paragraph) The term agreement shall be for ten (10) years commencing upon completion of the short term lot, said actual completion date to BE DETERMINED AND DECLARED BY THE AIRPORT MANAGER. / if anyone present wished to speak on person commented: Chairman Gottovi asked the issue. The following Mr. Charles Bove Commissioner Blake expressed his concern for extending a lease to ten years. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to authorize the Chairman to execute the amendment with the recommended changes by the County Attorney. vote, the MOTION CARRIED as follows: lease Upon Voting Aye: Commissioner Barfield Commissioner O'Neal Commissioner O'Shields Chairman Gottovi Voting Noe: Commissioner Blake A copy of the Lease Amendment is on file in the County Manager's Office. DISCUSSION - CASTLE HAYNE ZONING Chairman Gottovi stated that the Planning Board had questioned whether or not to pursue the zoning of the Castle Hayne Community and had deadlocked on this issue asking for direction by the County Commissioners. Planning Director Hayes gave background information stating that the Planning Staff had solicited and received 25 separate zoning proposals for various properties located in the Castle Hayne area. He stressed the importance of establishing some form of land use control to protect the groundwater as noted in the LeGrand Study and protection of the farmland. Commissioner O'Neal expressed his concern for this area being the only area in the County which is not zoned emphasizing the importance of protection of the ground water. Mr. Thomas N. Moore, a resident of Castle Hayne, stated that the residents of the un zoned area of Castle Hayne are in favor of a land use program but are not in favor of being zoned for their own protect- tion, but are in favor of protecting themselves. He stated that he had a petition representing 96% of the residents of this area that do not wish to be zoned. Commissioner Blake stated that when 96% of the property owners of an area do not wish to be zoned, that this point should be taken into consideration. After discussion, Commissioner O'Neal MOVED, SECONDED by Comm- issioner O'Shields for the Planning Staff to prepare a specific land use proposal that is compatible with the Land Use Policies developing a Neighborhood Plan with input from the citizens of Castle Hayne holding community meetings and inviting representatives from the surrounding industries for their input. Upon vote, the MOTION CARRIED as follows: Voting Aye: Commissioner Barfield Commissioner O'Neal Commissioner O'Shields Chairman Gottovi Voting Noe: Commissioner Blake ~ MINUTES OF REGULAR MEETING, JUNE 6, 1983 (CONTINUED) 311 BREAK Chairman Gottovi recessed the meeting for a break from 8:40 o'clock P.M. to 9:05 o'clock P.M. I PUBLIC HEARING TO CONSIDER REZONING APPROXIMATELY 2.32 ACRES, LOCATED ON WEST SIDE OF SOUTH COLLEGE ROAD, APPROXIMATELY 100 FEET SOUTH OF LANDSDOWNE ROAD (SR 1592) FROM AN R-15 RESIDENTIAL DISTRICT TO A B-1 BUSINESS DISTRICT Planning Director Hayes gave background information on the rezoning request stating that the Planning Staff and Planning Board recommended approval since this area is classified as Transitional on the County's Land Use Plan with water and sewer facilities being scheduled for this area by 1986 encouraging planned commercial growth designed to accommodate neighborhood, community or regional markets. Chairman Gottovi asked if anyone present wished to speak ln favor of this request. No one commented. Chairman Gottovi asked if anyone present wished to speak in opposition to this request. No one commented. Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to approve the rezoning request entitled, AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE MASONBORO ZONING AREA OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 15, 1969. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Ordinance is contained ln Zoning .Ordinance Book, Masonboro Section. I PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY HALF AN ACRE IN SIZE, LOCATED ON THE NORTHEAST SIDE OF SHINNWOOD ROAD (SR 1513), APPROXIMATELY 2,300 FEET EAST OF GREENVILLE LOOP ROAD (SR 1421) FOR A SINGLE WIDE MOBILE HOME'~IN AN R-20 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the application for a Special Use Permit to place a mobile home in a R-20 Residential District stating that the general requirements had been met and that the Planning Board recommended approval. Chairman Gottovi asked the petitioner and any other persons present who wished to give testimony in favor of the issuance of a Special use Permit to step forward to be duly sworn in. The following persons were sworn in: Mr. Bradley Johnson, the Petitioner Mr. ,Joe Rogers Mr. Joe Rogers, owner of the property, appeared before the Commissioners stating that a mobile home was once on the property and Mr. Bradley Johnson would occupy the mobile home which would enable Mr. Johnson to be near his mother who is ill. Chairman Gottovi asked any persons present wishing to glve testimony in opposition to the issuance of this permit to step forward to be duly sworn in. The following persons were sworn In: Dr. Bruce Dorman Mr. Al Munsel Mr. John Brett I Dr. Bruce Dorman appeared before the Board requesting deci~l of this Special Use Permit due to the detrimental effect on the property evaluation. Mr. Al Munsel appeared before the Commissioners requesting denial of the Special Use Permit presenting a list of the persons signing the petition for denial as Objector's Exhbit I. The Clerk substantiated that these persons were present and filed the petition as evidence. Mr. John Brett appeared before the Commissioners requesting denial of the Special Use Permit. Chairman Gottovi asked if the petitioner would like to cross examine the persons in opposition to this request. 312 MINUTES OF REGULAR MEETING, JUNE 6, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY HALF AN ACRE IN SIZE, LOCATED ON THE NORTHEAST SIDE OF SHINNWOOD ROAD (SR 1513), APPROXIMATELY 2,300 FEET EAST OF GREENVILLE LOOP ROAD (SR 1421) FOR A SINGLE WIDE MOBILE HOME IN AN R-20 RESIDENTIAL DISTRICT (CONTINUED) Mr. Bradley Johnson, the petitioner, appeared before the Commissioners stating that he had lived in this area for 22 years and felt that the mobile home would not harm the area explain- ing that he planned to build a home in the future. Mr. Johnson presented a memorandum from the County Building Inspector's Office as petitioner's Exhibit I. Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to deny the issuance of the Special Use Permit based on the conclus- ion of the FINDINGS OF FACT not meeting the General Requirement No. 4 as follows. Upon vote, the MOTION CARRIED UNANIMOUSLY. The County Commissioners for New Hanover County having held a public hearing on Monday, June 6, 1983, to consider application number S-207 6/83 submitted by Bradley S. Johnson, a request for a Special Use Permit to use the property located at northeast side of Shinnwood Road (SR 1513); approximately 2,300 feet east of Greenville Loop Road for a single-wide mobile home and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-27 of the County Zoning Ordinance will not be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. General Requirements c and d as listed under Section 71-1 (3) of the New Hanover County zoning Ordinance. 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. County Health Department has qranted approval for usinq an existinq septic tank and well. 2. The property was previously used for a mobile home. 3. Fire protection is provided by Seagate Volunteer Fire Department. 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. The proposed use is a permitted special use in R-20 Residential Districts. 2. The property satifys all R-20 Residential District lot area and setback requirements. 3. Adequate ingress and egress, and parking is provided as shown on the site plan. 4. It is the County Commissioners' CONCLUSION that the proposed use does not satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public neccess- ity. In support of this conclusion the Commissioners make the follow- ing FINDINGS OF FACT: 1. The proposed mobile home would depress property values of adjoining single-family lots. 2. No other mobile homes are located along Shinnwood Road in the R-20 Residential District. ~ 313 MINUTES OF REGULAR MEETING, JUNE 6, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT - MOBILE HOME ON SHINNWOOD ROAD (CONTINUED) 5. It is the County Commissioners' CONCLUSION that the proposed use does not satisfy the fourth general requirement listed in the ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: I 1. Homeowner's Association covenants restricts mobile homes from surrounding subdivision development. Approval would set a precedent for the location of additional mobile homes in the area. 2. c 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have not been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be DENIED, subject to the following conditions: 1. That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. 2. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commission~rs by a court of competent jurisdiction then this permit shall become void and of no effect. I PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 37,500 SQUARE FEET IN SIZE, LOCATED ON THE WEST SIBE OF FUTCH CREEK ROAD, APPROXIMATELY 1,550 FEET NORTHWEST OF THE INTERSECTION WITH CORNELIA NIXON DAVIS ROAD FOR A CABLE TELEVISION ANTENNA TOWER AND SATELLITE RECEPTION SITE IN AN R-20 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the issuance of a Special Use Permit for the erection of a cable television antenna with the approval of the FCC and Federal Aeronautics Admin- istration stating that the Planning Board recommended approval. Chairman Gottovi asked the petitioner and any other persons present who wished to give testimony in favor of the issuance of this permit to step forward to be duly sworn in. The following person was duly sworn in: Mr. William Green, the Petitioner Mr. William Green, General Manager of Vision Cable of North Carolina, appeared before the Commissioners requesting issuance of a Special Use Permit for the erection of the cable television antennay with Attorney J. Harold Seagle asking Mr. Green questions to satisfy the four General Requirements. I Chairman Gottovi asked anyone present wishing to give testimony ln opposition to thi~ permit to step forward to be duly sworn in. No one appeared. Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to approve issuance of the Special Use Permit based on the conclusion of the FINDINGS OF FACTS meeting the four General Requirements as follows. Upon vote, the MOTION WAS UNANIMOUSLY ADOPTED. The County Commissioners for New Hanover County having held a public hearing on Monday, June 6, 1983, to consider application number S-209 6/83 submitted by Vision Cable of North Carolina, Inc., a request for a Special Use Permit to use the property located at west side of Futch Creek Road; approximately 1,550 feet northwest of the intersection with Cornelia Nixon Davis Road for a Cable Television tower and satellite reception site, and having heart all the evidence 3 1 4 MINUTES OF REGULAR MEETING, JUNE 6, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR A CABLE TELEVISION TOWER AND SATELLITE RECEPTION SITE (CONTINUED) and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-00 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordin- ance; namely that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: ~ 1. The proposed location of this facility should not interfere with !ocal aircraft reception and radio transmissions. 2. The proposed facility must be approved by the Federal Communications Commission and Federal Aeronautics Admin- istration. 3. The proposed facility is similar to other existing cable television and satellite reception sites in New Hanover County which are operated without any detrimental effect on the public health or safety. 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. The proposed facility is a permitted special use ln an R-20 district. 2. All lot area and setback requirements fo the R-20 district are satisfied as shown on the site plan. 3. The proposed 80 foot tower is excluded from the R-20 district building height restrictions according to Section 64 of the Zoning Ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: / 1. The proposed facility should be screened from view along Futch Creek Road by existing vegetation and trees. 2. All surrounding property is presently unimproved and vacant. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the ordinance; namely that the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. The proposed facility will be located ln a rural area of the County. 2. No public services or improvements will be required of the County if located where planned. 3. The proposed facility will provide a desired service to the northeast region of the County. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED subject to the following conditions: 1. That the applicant shall fully comply with all of the ~ MINUTES OF REGULAR MEETING, JUNE 6, 1983 (CONTINUED) 315 PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR A CABLE TELEVISION TOWER AND SATELLITE RECEPTION SITE (CONTINUED) specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. 2. If any of the conditions imposed by this special use permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. I 3. Other: Compliance with all local, state and federal codes. PUBLIC HEARING TO CONSIDER A,'SPECIAL USE PERMIT FOR PROPERTY APPROX- IMATELY 24,000 SQUARE FEET IN SIZE, LOCATED ON THE WEST SIDE OF PINECLIFF DRIVE (SR 1602) APPROXIMATELY 620 FEET NORTH OF BEACHCLIFF DRIVE (SR 1606) FOR A CHILD DAY CARE CENTER IN R-15 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the issuance of a Special Use Permit for a Child Day Care Center in a R-15 Residential District showing a slide of the property map and a video tape of the property and adjoining properties. He stated that this permit had not been presented to the Planning Board due to a change in procedures that all Special Use Permits woul~be heard by the Board of County Commissioners and not the Planning Board. Chairman Gottovi asked the petitioner and any other persons present who wished to glve testimony in favor of the issuance of the Special Use Permit to step forward to be duly sworn in. The following persons were sworn In: Mrs. Jean H. Piner, the Peititioner Mr. Michael Piner I Ms. Piner, the petitioner and owner of the property, appeared before the Commissioners giving testimony showing the fulfillment of the four general requirements for issuance of a Special Use Permit allowing her home to be used as a Child Day Care Center. She stated that she felt that there was a real need for day care centers for infants of working mothers. Commissioner Barfield expressed his concern for establishing a center such as this in a residential neighborhood. Chairman Gottovi asked any persons present wishing to give testimony in opposition to the issuance of this permit to step forward to be duly sworn in,. The following persons were sworn in: Mr. Leo Lawson Ms. Patrice Guerry Ms. Jane Guthrie Mr. John Guthrie Chairman Gottovi reminded the persons testifying in opposition of this request that for denial of the permit evidence must be presented showing that the four general requirements had not been met. I The following persons commented in opposition to the issuance of the permit stating their concern for the valuation of their property if this child care center is allowed to operate in their neighborhood: Mr. Leo Lawson Ms. Patrice Guerry Ms. Jane Guthrie Mr. John Guthrie Chairman Gottovi asked if anyone present wished to cross-examine the testimony heard in opposition to the issuance of the permit. The following person commented: Mr. Michael piner After discussion, Commissioner Barfield MOVED that the issuance of the Special Use Permit be denied. The motion did not receive a second, 3 1 6 MINUTES OF REGULAR MEETING, JUNE 6, 1983 (CONTINUED) PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 24,000 SQUARE FEET IN SIZE, LOCATED ON THE WEST SIDE OF PINECLIFF DRIVE (SR 1602) APPROXIMATELY 620 FEET NORTH OF BEACHCLIFF DRIVE iSR 1606) FOR A CHILD DAY CARE CENTER IN AN R-15 RESIDENTIAL DISTRICT (CONTINUED) therefore, no action was taken. After further discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Blake to issue the Special Use Permit based on the conclusions of the FINDINGS OF FACT meeting the four General Requirements with the conditions that: (1) the trees and shrubs are to remain in the front yard; and (2) no sign will be erected on the property. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Blake Commissioner O'Neal Commissioner O'Shields Chairman Gottovi Voting Noe: Commissioner Barfield Ms. Patrice Guerry requested that this item be continued to another meeting. Chairman Gottovi stated that a motion was on the floor and had been seconded therefore that the motion had to be voted on. Order Granting A Special Use Permit The County Commissioners' for New Hanover County having held a public hearing on Monday, June 6, 1983 to consider application number S-2l0 6/83 submitted by Jean H. Piner, a request for a special use permit to use the property located at 327 Pinecliff Drive, Wilmington, N. C. for a Child Day Care Service and having heard all the evidence and arguments presented at the hearing, makes the following FINDINGS OF FACT and draws the following CONCLUSIONS: 1. The County Commissioners, FIND as a FACT that all of the specific requirements set forth in Section 72-20 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. 2. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the first general requirement listed in the Ordinance; namely that the use will not materially endanger the public health or safety if lQcated where proposed and developed according to the plan as submitted and approved. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. Preliminary inspections and approval of the proposed facility have been made by State Child Day Care Licensing office and County Building and Health Departments. 2. Adequate sewer facilities are provided by the Lower Cape Fear utilit~~Authority. 3. The proposed facility is located three miles from the Myrtle Grove Volunteer Fire Department 3. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the second general requirement listed in the Ordinance; namely that the use meets all required conditions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. Child Day Care Services are a permitted special use in R-15 residential districts. 2. All area, setback, parking and driveway requirements are satisfied as shown on the site plan. 3. A fenced play area shown on the site plan satisfys Section 72-20(3) of the Zoning Ordinance. 4. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the third general requirement listed in the Ordinance; namely that the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. In support of this conclusion the Commissioners make the following ~ 317 MINUTES OF REGULAR MEETING, JUNE 6, 1983 (CONTINUED) PUBLIC HEARING - SPECIAL USE PERMIT - CHILD DAY CARE CENTER PINECLIFF DRIVE (CONTINUED) FINDINGS OF FACT: I 1. Infant day care for 15 children should provide a needed service to the ,community. 2. Proposed improvements should not effect value of adjoining property. 3. No exterior alterations to the single-family dwelling are planned. 5. It is the County Commissioners' CONCLUSION that the proposed use does satisfy the fourth general requirement listed in the ordinance; namely that the location and character of the use if developed .. according to the plan as submitted and approved will be in harmony .~, with the area in which it is to be located and in general conformity with the plan of development for New Hanover County. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: 1. The property is classified as transition on the County's Land Classification Map and is scheduled for water and sewer. 2. County policies encourage private development in appropriate commercial and residential areas. 3. The proposed facility will continue to be a single-family home. 6. Therefore, because the County Commissioners conclude that all of the general and specific conditions precedent to the issuance of a SPECIAL USE PERMIT have been satisfied, IT IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT be GRANTED, subject to the following conditions: I 1. That the applicant shall fully comply with all of the specific requirements stated in the ordinance for the proposed use, as well as any additional conditions hereinafter stated. 2. If any of the conditions imposed by this Special Use Permit shall be held invalid beyond the authority of this Board of Commissioners by a court of competent jurisdiction then this permit shall become void and of no effect. 3. Compliance with all local, state and federal codes. 4. No sign shall be installed on the property. 5. Retain as many trees in the front yard for shade and screenlng. CHANGE IN MEETING DATE Commissioner Blake MOVED, SECONDED by Commissioner O'Shields that the regularly scheduled meeting of July 18, 1983, be changed to July 11, 1983, at 9:00 A.M. since the County Commissioners would be out-of-town from July 17-22, 1983. Upon vote, the MOTION CARRIED UNANIMOUSLY. DISCUSSION OF REFERENDUM FOR DISTRICT ELECTIONS It was the consensus of the Board to discuss a date for the referendum for District Elections at the Continued Meeting to be held on June 13, 1983. I POSTPONEMENT OF PUBLIC HEARINGS - ITEMS #14 AND #15 It was the consensus of the Board to place Items #14 and #15 on the July 5, 1983, agenda. POSTPONEMENT OF DISCUSSION OF BY-LAWS - DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE ' It was the consensus of the Board to postpone the adoption of the By-laws for the Domiciliary Home Community Advisory Committee until the Continued Meeting of June 13, 1983. CONTRACT - CORPS OF ENGINEERS Commissioner Blake MOVED, SECONDED by Commissioner O'Shields to authorize the Developer's signature on the non-destructive testing at the Airport. Upon vote, the MOTION CARRIED UNANIMOUSLY. 3 1 8 MINUTES OF REGULAR MEETING, JUNE 6, 1983 (CONTINUED) CONTINUATION OF MEETING UNTIL JUNE 13, 1983 Commissioner Barfield MOVED, SECONDED by Commissioner O'Shields to continue the meeting until 9:00 o'clock A.M., Monday, June 13, 1983. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi recessed the meeting at 11: 00 0' clock P .~L ~ ~e~tful)Y submitted ~~%~ LUCle F. Smith, Clerk . :,"J , ~ MINUTES OF CONTINUED MEETING, JUNE 13, 1983 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 13, 1983, at 2:45 o'clock P.M. in the Assembly Room, New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.; Donald P. Blake; Nolan O'Neal; Claud O'Shields, Jr.; Chairman Karen E. Gottovi; Assistant County Manager Gary Cannon; County Attorney Robert W. Pope; and Clerk to the Board Lucie F. Smith. Chairman Gottovi called the meeting to order stating that this was a continued meeting from the Regular Meeting of June 6, 1983. REPORT BY COMMISSIONER DONALD P. BLAKE ON TRIP TO JAPAN Commissioner Blake gave a brief report on his trip to Japan stating that he felt the trip was well worthwhile and worth the expenses incurred by New Hanover County. He stated that the seminar presented by the Osaka Industrial Association gave them the opportunity to makeQ9ritac~ wi th 16 Japanese industries and from these contacts three representatives are anticipated to make visits to the Wilmington area within the next three months. Commissioner Blake stated that a follow-up visit a year from now was being planned and would result in an even better relationship between our community and Japanese industry. He suggested that consider- ation be given to having a representative attend this seminar. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to place the written report submitted by Commiss- ioner Blake in the Exhibit Book of the Minutes of New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the report is contained in Exhibit Book X, Page 21. ADOPTION OF BY-LAWS - NEW HANOVER COUNTY DOMICILIARY HOME COMMUNITY ADVISORY CO~~ITTEE Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to adopt the By-laws for the New Hanover County Domiciliary Home Community Advisory Committee with appointment of members to staggered terms. UDon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the~y-laws are contained in Exhibit Book X, Page 21. ADDITIONAL ITEMS - COUNTY COMMISSIONERS REFERENDUM SCHEDULE - DISTRICT ELECTIONS RESOLUTION Chairman Gottovi stated that a date should be set and advertisement made as to when a referendum will be held for the voters of New Hanover County to decide on the issue of district elections. Commissioner O'Shields gave an update on the district election bills now pending in the legislature. After discussion, it was the consensus of the Board to have the Legal Department to prepare a time table for the referendum to be submitted to the Board on Monday, June 20, 1983. UPDATE ON 1/2~ SALES TAX BILL -- Commissioner O'Shields gave an update on the 1/2~ Sales Tax bill stating that after the State adopts its budget for the Fiscal Year 1983/84 that passage of the sales tax bill is favorable with a support of 51%. "