1983-09-12 Continued Meeting
389
MINUTES OF REGULAR MEETING OF SEPTEMBER 6, 1983 (CONTINUED)
RECESS AND CONTINUATION OF THE MEETING UNTIL SEPTEMBER 12, 1982
( CONTINUED)
Chairman Gottovi recessed the meeting until 7:00 o'clock
P.M., September 12, 1983.
II ~pe~~mitted.
~ F. Smith, Clerk
MINUTES OF CONTINUED MEETING, SEPTEMBER 12, 1983
ASSEMBLY
The New Hanover County Board of Commissioners met in
Regular Session on Monday, September 12, 1983, at 7:00 o'clock
P.M. in the Assembly Room, New Hanover County Administration
Building, Wilmington, North Carolina.
Members present were: Commissioners Jonathan Barfield,
Sr.; 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. Commissioner
Blake was absent due to surgery.
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Chairman Gottovi called the meeting to order stating that
this was a Continued Meeting of the Regular Meeting of
September 6, 1983.
PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 3.8
ACRES, LOCATEDC>N THE SOUTHEAST SIDE OF MARKET STREET (U.-s:
HIGHWAY 17), APPROXIMATELY 400 FEET NORTHEAST OF STATION ROAD
(SR 1471) FROM AN R-lS RESlDENTIALIHSTRICT TO A B-2 BUSINESS
DISTRICT
Planning Director Hayes gave background information on the
rezoning request stating the applicant wished to extend the B-
2 district located directly north to include the front portion
of the property to a depth of 325 feet east of Market Street.
He stated the property is classified as Transition on the
County's Land Use Plan which encourages future intensive
development. Planning Director Hayes stated the Planning
Board recommended the front portion of adjoining property
located directly south of the requested area be included in the
zoning change. This would consolidate the existing B-2
districts located along Market Street and encourage the
clustering of commercial activities in the area.
Chairman Gottovi asked if anyone present wished .to speak
in favor of the rezoning request. The followin~ person
commented:
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Mr. William B. Towles, the property owner
Chairman Gottovi asked if anyone present wished td speak in
opposition to the rezoning request. No one commented. I
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Commissioner O'Shields MOVED, SECONDED BY Commissioner
Barfield to approve the rezoning request as recommende!d by the
Planning Board. Upon vote the MOTION CARRIED AS FOLLOWS:
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Voting Aye:
Commissioner Barfield
Commissioner O'Neal
Commissoner O'Shields
Chairman Gottovi
Absent:
Commissioner Blake
380
MINUTES OF CONTINUED MEETING, SEPTEMBER 12, 1983, (CONTINUED)
.-,
PUBLIC HEARING TO CONSIDER REZONING PROPERTY LOCATED ON SOUTHEAST
- -
SIDE OF MARKET STREET, NORTHEAST OF STATION ROAD FROM AN R-15
RESIDENTIAL DISTRICT TO A B-2 BUSINESS DISTRICT (CONTINUED'-
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA 6 OF NEW HANOVER COUNTY,
NORTH CAROLINA, ADOPTED AUGUST 18, 1971, is contained in Zoning
Ordinance Book I, Page 23.
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PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 5
ACRES, LOCATED 400 FEET SOUTH OF SHIPYARD BLVD. (SR 1101) AND
250 FEET EAST OF NEWKIRK AVENUE FROM AN R-15~ESIDENTIAL
DISTRECT ITO ANI R...10 RESIDENTIAL DISTRICT- -
Planning-Director Hayes gave background information on the
rezoning request stating that the eastern portion of the
property is located within the planned Southeast Outer Loop and
within the City's planned southside annexation area. He stated
the Planning Board recommended approval since an increase in
density would be suitable in this area and consistent with the
County's Land Use Plan and that rezoning the entire property
should not affect the City/County Thoroughfare Plan.
Chairman Gottovi asked if anyone present wished to speak
in faavor of the rezoning request. The following person
commented:
Mr. John Wessell, Attorney for the petitioner, Ms.
Elizabeth Newkirk, appeared before the Board stating the
purpose of the rezoning request and asked consideration of the
Board in this matter.
Chairman Gottovi asked if anyone present wished to speak
in opposition of the rezoning request. No one commented.
Commissioner O'Neal expressed his concern for the City of
Wilmington reducing the width of the proposed outer loop
corridor to 60 feet stating that this reduction could have an
adverse effect on the outer loop.
Commissioner O'Shields expressed his concern for closing
avenues which penalize the property owners.
After discussion, Chairman Gottovi MOVED,
Commissioner Barfield to approve the rezoning
recommended by the Planning Board. Upon vote,
CARRIED AS FOLLOWS:
SECONDED BY
request as
the MOTION
Voting Aye: Commissioner Barfield
Commissioner O'Neal
Commissioner O'Shields
Chairman Gottovi
Absent: Commissioner Blake
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA 9-B OF NEW HANOVER
COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1972, is contained in
Zoning Ordinance Book I, Page 51.
After further discussion, it was the consensus of the
Board to request Planning Director Hayes to express concern to
the City of Wilmington about the abandonment of this avenue and
reconsideration of the outerloop corridor.
PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY ONE-
HALF ACRE, LOCATED ON EASTSIDE OF MASONBORO LOOP ROAD (SR 1492>
DIRECTLY SOUTH OFSOUNDVIEW DIfIVE FROM AN~ls:RESIDENTIAL
DISTRICT TO AN R-10 RESIDENTIAL DISTRICT- -
Planning-Director Hayes gave background information on the
rezoning request stating the property is classified as
Transition on the County's Land Use Plan and is located within
the County's Planned Urban Services Area with connection to a
private CO mmunity water system available to the property
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391
MINUTES OF CONTINUED MEETING, SEPTEMBER 12, 1983 (CONTINUED)
PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY ONE-
HALF ACRE, LOCATED ON EASTSIDE OF MASONBORO LOOP ROAD (SR 1492>
DIRECTLY SOUTH OF SOUNDVIEW DErrVE FROM AN~l5JR:ESIDENTIAL
DISTRICT TO AN R-IO RESIDENTIAL DISTRICT-(CONTINUED)
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satisfying R-IO District requirements. He stated that under R-
15 minimum lot area size, this corner lot is approximately
2,000 sq. ft. short of the 25,000 sq. foot requirement for the
construction- of a duplex. Rezoning to R-IO with the provision
of community water to the property would allow a maximum
density of two single-family structures or one duplex with two
units on the property. An increase in density of this corner
lot location from one to two units should not adversely impact
existing surrounding residential densities nor pose any harmful
effects to the environment. He stated that the Planning Board
recommended approval of the rezoning request.
Chairman Gottovi asked if anyone present wished to speak
in favor of the rezoning request. The following person
commented:
Mr. Marvin Harris, the petitioner, stated that he would
like to build a duplex for rental purposes and requested
approval of the rezoning request.
Commissioner O'Neal expressed his concern for permitting
more dense zoning in an area with Class 3 soil which is not
suitable for septic tanks with a one-foot water table in the
vicinity of Whiskey Creek drainage which is one of the most
contaminated areas of the county.
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After discussion, Commissioner O'Shields MOVED, SECONDED
by Commissioner Barfield to approve the rezoning request. Upon
vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner O'Shields
Chairman Gottovi
Voting Noe: Commissioner O'Neal
Absent: Commissioner Blake
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF MASONBORO ZONING AREA OF NEW HANOVER
COUNTY, NORTH CAROLINA ADOPTED OCTOBER 15, 1969, is contained
in Zoning Ordinance Book I, Page 12.
BREAK
Chairman Gottovi recessed the meeting for a break from
8:00 o'clock P.M. to 8:17 o'clock P.M.
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PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 40
ACRES, LOCATED APPROXIMATELY 200 FEET SOUTHWEST OF EASTWOOD
ROAD (U. S. HIGHWAY 74) AND APPROXIMATELY 200 TO-r,OOO FEET
EAST OF N:-COLLEGE ROAD" (~C. 132) AND THE MARKET STREET (U.
S. 17)OVERPASS FROM AN~f5 RESIDENTIAL DISTRICT TO A B-2
-- -- ---
BUSINESS DISTRICT
Planning Director Hayes gave background information on the
rezoning request stating that the New Hanover County Planning
Staff has conducted a poll of the twelve property owners within
the rezoning area and that eight property owners indicated they
favored the rezoning. He stated the area is more suitable for
commercial use given the increasing impacts of noise and
traffic. County Policies for Growth and Development encourage
the clustering of commercial activities at major intersections.
Chairman Gottovi stated the 'req'uest ',wa.s submitted by ,the New
Hanover County Planning Board.
Chairman Gottovi asked if anyone present wished to speak
in opposition to the rezoning request. No one commented.
392
MINUTES OF CONTINUED MEETING, SEPTEMBER 12, 1983 (CONTINUED)
Commissioner O'Shields MOVED, SECONDED BY Commissioner
O'Neal to approve the rezoning request. Upon vote, the MOTION
CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner O'Neal
Commissioner O'Shields
Chairman Gottovi
Absent: Commissioner Blake
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA 9-B OF NEW HANOVER
COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1972, is contained in
Zoning Ordinance Book I, Page 52'.
PUBLIC BEARING TO CONSIDER EXTENDING A SPECIAL USE PERMIT FOR A
- - - --
VOLUNTEER FIRE DEPARTMENT ON PROPERTY LOCATED ON THE NORTHSIDE
OF THE CAUSEWAY TO FIGURE EIGHT ISLAND, APPROXIMATELY 200 FEET
WEST OF BRIDGE ROAD IN AN R-20S RESIDENTIAL DISTRICT -------
---- Planning Director Hayes gave background information on the
extension of a Special Use Permit for the construction of a
private fire station on Figure 8 Island and stated that the
Planning Board recommended approval.
Chairman Gottovi asked if anyone present wished to speak
in 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 Barfield MOVED, SECONDED BY Commissioner
O'Neal to approve extension of the Special Use Permit. Upon
vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner O'Neal
Commissioner O'Shields
Chairman Gottovi
Absent: Commissioner Blake
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO ARTICLE
- - ----
II, DEFINITIONS, SECTION 23, ARTICLE I, DISTRICT REGULATIONS,
SECTION 50-2, ARTICLE VI,-SUPPLEMENTAR-Y DISTRICT REGULATIONS,
SECTION 62, AND ARTICLE IV, NON-CONFORMING SITUATIONS, SECTION
45 CONCERNING THE DEFINITION AND LOCATION OF ACCESSORY USE AS
RELATED TO PRINCIPAL USE (A-100 8/83) --- -
Planning Director Hayes gave background information on the
Zoning Text Amendments submitted by Dr. Donald Getz,
representing the Airlie Road Association, stating that the
Planning Board accepted the Planning Staff's recommendations
with two modifications.
Mr. Michael Brough, Attorney representing the Airlie Road
Association, appeared before the Board stating that he
recommended a change in the definition of principal use since
the Board of Adjustments had already rewritten the ordinance
with the their interpretation of parking on Airlie Road. He
stated that he was in concurrence with the other recommended
Text Amendments by the Planning Staff.
Chairman Gottovi asked if anyone present wished to speak
in opposition to the Text Ordinance Amendments. No one
commented.
After discussion, Chairman Gottovi MOVED, SECONDED by
Commissioner O'Neal to approve the following Text Amendments
to read as follows:
1. Amend Article II, Definitions, Section 23,
Definitions, Subsection 23-1, Accessory building or Use to read
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393
MINUTES OF CONTINUED MEETING, SEPTEMBER 12, 1983 (CONTINUED)
PUBLIC HEARING TO CONSIDER A ZONING TEXT AMENDMENT TO ARTICLE
II, DEFINITIONS-;- SECTION 23-; ARTICLE--r;- DISTRICT REGULATIONS,
SECTION 50-2, ARTICLE VI,-SUPPLEMENTAR-Y DISTRICT REGULATIONS,
SECTION 62, AND ARTICLE IV, NON-CONFORMING SITUATIONS, SECTION
45 CONCERNING THE DEFINITION AND LOCATION OF ACCESSORY USE AS
RELATED TO PRINCIPAL USE (A-1~8/83) (CONTINUED) --- -
as follows:
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23-1 ACCESSORY BUILDING OR USE - A use or structure
of a nature customarily incidental and
subordinate tb~the prin6~p~1 use of structure.
2. Amend Article II, Definitions, Section 23,
Definitions, by adding a new Subsection 23-23 to read as
follows:
23-23 PRINCIPAL BUILDING - A building in which is
conducted the princip.al use of the lot on
which it is located. (9/12/83) _
30 Amend Article V, District Regulations, Section 50-2,
Tabulation of Permitted Uses by replacing "Accessory Building
(See Section 62) with ~ the following:
OTHER R-20S R-20 R-15 R-IO B! B2 I-I I-2 O&I AR AI SHOP.C'I
--- --p --p- --1'- -p p--.. 1'~" ~ p-- -1>- '.-p- -P --p-
Accessory Buildings or Uses, clearly incidental to the
permitted use or building (See Section 62);
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4. Amend Article VI, Supplementary District Regulations,
Section 62, Accessory Building to read as follows:
Section 62 Accessory Building or Use
No accessory building shall be erected in any
required yard nor within five (5) feet of any other building
except that accessory buildings not exceeding 500 square feet
may be permitted in the required side and rear yards provided
such accessory buildings are at least five (5) feet from any
property line and do not encroach into any required easements.
An accessory building or use may be located on another
contiguous or non-co~t~guous lot from the principal use ~~~th-wfuich
i t is':assbc"i'a~~ed'::c-0IJly to' the"exten~ tl;1at the principal use itself
would also be permlttea: on such lot.-
5. Amend Article IV, Non-Conforming Situations, Section
45, Change in Kind of Non-Conforming Use by adding a
New Subsection 45-2.1 to read as follows:
45-2.1 A non-conforming accessory use or building
may only be changed to another non-conforming accessory use or
building according to' Section 45-2 of this Ordinance. Changes
in a principal use are also considered as changes to any
accessory use or building.
Upon vote, the MOTION CARRIED AS FOLLOWS:
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Voting Aye: Commissioner Barfield
Commissioner O'Neal
Commissioner O'Shields
Chairman Gottovi
Absent:
Commissioner Blake
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH
CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY
ADOPTED OCTOBER 6, 1969, is contained in Zoning Ordinance Book
I, Page 43.
394
MINUTES OF CONTINUED MEETING, SEPTEMBER 12, 1983 (CONTINUED)
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
FLEMINGTONLAWSUIT
County Attorney Pope stated he had written Attorney David
Ledbetter in July of this year requesting a settlement
conference in order to discuss the possibility of resolving
this controversy stating that as of this date he had not
received a reply from Attorney Ledbettero
After discussion, it was the consensus of the Board to
have the Chairman wri te a letter to Attorney Ledbetter
requesting acknowledgment of the request for a conference
within the next 30 days expressing concern for receiving no
replyo
PROPOSAL - GARNER & YELVERTON - COURTHOUSE REHABILITATION
Engineering Director Hilton requested the Commissioners
approve a proposal by Garner & Yelverton for professional
services to renovate the exterior of the Courthouse stating
that Phase I could be implemented as originally planned. He
stated the County had received a grant from the Jobs Act in
the amount of $44,976 with $50,000-in County funds budgeted
emphasizing that in order to be eligible for the grant that
construction must begin no later than November 30, 1983, and be
completed by July 31, 1984. He stated that one of the
requirements stipulated In the grant was that the Courthouse be
open to the public at least 12 days a year.
After discussion, Commissioner Barfield MOVED, SECONDED BY
Commissioner O'Shields to approve the proposal as recommended.
Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner O'Neal
Commissioner O'Shields
Chairman Gottovi
Absent: Commissioner Blake
A copy of the proposal is on file in the County Manager's
office.
CHANGE ORDER - JUDICIAL ORDER G-11
Commissroner 0' Shields MOVED, SECONDED BY Commissioner
Barfield to approve Change Order G-ll for a ships ladder step
system in the Judicial Building. Upon vote, the MOTION CARRIED
AS FOLLOWS:
Voting Aye: Commissioner Barfield
Commissioner O'Neal
Commissioner O'Shields
Chairman Gottovi
Absent: Commissioner Blake
SPECIAL MEETING SCHEDULED WITH WILMINGTON/NEW HANOVER COUNTY
INSURANCE ADVISORY COMMITTEE
County Manager Cooper reminded the Commissioners of a
Special Meeting scheduled for Monday, September 26, 1983, at
9:00 o'clock A.M. in the Assembly Room, with the Wilmington/New
Hanover County Insurance Advisory Committeeo
INVITATION TO MEET WITH THE TREASURER OF THE HOSPITAL BOARD
County~anager Cooper reminded the Commissioners of an
invitation by the Treasurer of the Hospital Board to attend a
meeting on September 27, 1983, at 5:00 O'clock P.M. to discuss
the budget.
ADJOURNMENT
Commissioner Barfield MOVED, SECONDED by Commissioner
O'Shields to adjourno Upon vote the MOTION CARRIED AS FOLLOWS:
395
MINUTES OF CONTINUED MEETING, SEPTEMBER 12, 1983 (CONTINUED)
ADJOURNMENT (CONTINUED)
Voting Aye:
Commissioner Barfield
Commissioner O'Neal
Commissioner O'Shields
Chairman Gottovi
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Absent:
Commissioner Blake
Chairman Gottovi adjourned the meeting at
10:30
o'clock
P.M.
q;e ectful).y ..ss~m miitttted,
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L ie F. Smith, Clerk
MINUTES OF REGULAR MEETING, SEPTEMBER 19, 1983
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, September 19, 1983, at 9:00 o'clock A.Mo in
the Assembly Room, New Hanover County Administration Building,
Wilmington, North Carolina.
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Members present were: Commissioners 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. Smitho
Members absent were:
and Donald P. Blake.
Commissioners Jonathan Barfield, Sr.;
Chairman Gottovi called the meeting to ordero
Reverend Arthur Ho Williams, Jr., Pastor of Pearsall
Memorial Presbyterian Church, gave the invocation.
APPROVAL OF MINUTES OF SPECIAL MEETING, AUGUST 26, 1983, AND
REGULAR MEETING, SEPTEMBER 6, 1983
Chairman Gottovi MOVE~ SECONDED by Commissioner 0' Shields
to approve the minutes of the Special Meeting, August 26, 1983,
as presentedo Commissioner O'Neal requested to be excused from
voting since he did not attend the meetingo Upon vote, the
MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner O'Shields
Chairman Gottovi
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Excused: Co~issioner O'Neal
Absent:
Commissioner Barfield
Commissioner Blake
Commissioner O'Shields MOVED, SECONDED by Commissioner
O'Neal to approve the minutes of the Regular Meeting, September
6, 1983, as presentedo Upon vote, the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner O'Neal
Commissioner O'Shields
Chairman Gottovi
Absent: Commissioner Barfield
Commissioner Blake