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Home My WebLink About1983-09-12 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. I 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: I 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 I 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: I I i I 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. r 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 r-... 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) I 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. I 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. I 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 r-... 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: I 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); I 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: I 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 I Absent: Commissioner Blake Chairman Gottovi adjourned the meeting at 10:30 o'clock P.M. q;e ectful).y ..ss~m miitttted, .~~ 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. I I 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 I 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