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HomeMy WebLinkAbout1984-06-04 Regular Meeting 580 MINUTES OF REGULAR MEETING, MAY 21, 1984 (CONTINUED) IMPLEMENTATION OF FEE SCHEDULES (CONTINUED) J ,." ~, .'" I After discussion, Commissioner" Barfield MOVED, SECONDED BY Commissioner Blake to implement the new fees _schedules. for the inspections D~partment effective Juiy 1, 1984. Upo~ vote, the MOTION CARRIED UNANIMOUSLY. . DISCUSSION OF FLEMINGTON LAW SUIT County Attorney Pope updated the Commissioners on the Flemington Law Suit stating that until the test results come back from the State and EPA no further action can be taken. It was suggested that once the results come in, a meeting should be held having the technical people to explain the meaning of the test results hoping that the attorneys and technical peopleaah come up with a remedy. County Attorney Pope will keep the Commissioners informed on the suit. ADJOURNMENT Commissioner to ad journ the UNANIMOUSLY. Barfield MOVED, SECONDED by Commissioner Blake meeting. Upon vote, the MOTION CARRIED Chairman Gottovi adjourned the meeting at 4:05 o'clock P.M. ., pectfully submitted, ~~ , ~ - r ~i :- - , r - . :c cie F. Smith Clerk MINUTES OF REGULAR MEETING, JUNE 4, 1984 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 4, 1984, 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.: Donald P. Blake: Nolan O'Neal; Chairman, Karen E. Gottovi; County Manager, G. Felix Cooper: County Attorney, Robert W. Pope: and Clerk to the Board, Lucie F. Smith. Members absent were: Commissioner Claud O'Shields, Jr. Father Robert F. Shea of St. Mary's Catholic Church gave the invocation. APPROVAL OF MINUTES FOR SPECIAL MEETING OF MAY 18, 1984 AND MAY 21, 1984 Commissioner Barfield MOVED, SECONDED by Commissioner O'Neal to approve the minutes as presented for the meeting of May 18, 1984. Upon vote, the MOTION CARRIED AS FOLLOWS: " f ( t- Voting Aye: Commissioner Barfield Commissioner Blake -I r. Commissioner O'Neal Chairman Gottovi Absent: Commissioner O'Shields, Jr. Commissioner Blake MOVED, SECONDED by Commissioner Barfield to approve the minutes of the Special Meeting of May 21, 1984, as presented. Upon vote, the MOTION CARRIED AS FOLLOWS: '---- 581 MINUTES OF REGULAR MEETING, JUNE 4, 1984 (CONTINUED) APPROVAL OF MINUTES FOR SPECIAL MEETING OF MAY 18, 1984 AND MAY 21, 1984 APPROVAL OF MINUTES (CONTINUED) I Voting Aye: Commissioner Barfield Commissioner Blake Commissioner O'Neal Chairman Gottovi Absent: Commissioner O'Shields, Jr. POSTPONEMENT OF ITEM NO. 11 AND ITEM NO. 15 TO WEDNESDAY, JUNE 6, 1984 Chairman Gottovi stated that requests had been made to postpone Item #11, Public Hearing to consider an appeal for rezoning property on the souths ide of Market Street across from Alexander Road from an R-15 Residential District to a B-2 Highway Business District and Item #15, a request for assistance in obtaining easements along Airlie Road for sewer connections, to June 6, 1984, at 9:30 o'clock A.M. Chairman Gottovi asked if anyone present wished to speak on the postponement of either of these items. No one commented. Commissioner Blake MOVED, SECONDED by Commissioner O'Neal to postpone Item #11 until June 6, 1984, at 9:30 o'clock A.M. Upon vote, the MOTION CARRIED AS FOLLOWS: I Voting Aye: Commissioner Barfield Commissioner Blake Commissioner O'Neal Chairman Gottovi Absent: Commissioner O'Shields, Jr. Commissioner Barfield MOVED, SECONDED by Commissioner Blake to postpone Item #15 until June 6, 1984, at 9:30 o'clock A.M. Upon vote, the MOTION CARRIED AS FOLLOWS: Voting Aye: Commissioner Barfield Commissioner Blake Commissioner O'Neal Chairman Gottovi Absent: Commissioner Claud O'Shields, J~. I ANNOUNCEMENT OF ABC DEVELOPMENT PUBLIC HEARING REMOVED FROM THE AGENDA Chairman Gottovi announced that the Public Hearing for the ABC Development Company had been removed from the agenda due to concerns during the past week over the property involved. The Chairman requested direction of the Board to hear the request a another date without readvertising or to have Mr. Mobley submit another site plan with readvertising. Chairman Gottovi stated Mr. Mobley had requested the Public Hearing to be placed on the June 18, 1984, Regular Meeting. Mr. Mobley commented that the property involved was not owned by ABC Development Corporation but by John and Mary Mobley. After discussion, Commissioner Barfield MOVED, Commissioner Blake to postpone the Public Hearing for Use Permit until June 18, 1984, at 9:00 o'clock A.M. the MOTION CARRIED AS FOLLOWS: SECONDED by the Special Upon vote, Voting Aye: Commissioner Barfield Commissioner Blake Commissioner O'Neal Chairman Gottovi Absent: Commissioner O'Shields, Jr. 582 MINUTES OF REGULAR MEETING, JUNE 4, 1984 (CONTINUED) ARRIVAL OF COMMISSIONER CLAUD O'SHIELDS, JR. Commissioner O'Shields arrived at 7:20 o'clock P.M. due to a traffic problem. NON-AGENDA ITEMS Chairman Gottovi asked if anyone present from the public wished to speak on any item not listed on the Agenda or any item listed on the Consent Agenda. No one commented. APPROVAL OF CONSENT AGENDA County Manager Cooper requested that Item #1, the Location Contract to film the District Attorney's Office Building, be removed from the Consent Agenda due to a change in the filming date requesting that this item be discussed on Wednesday, June 6, 1984, after he has contacted the International Film Corporation. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Blake to remove Item #1 from the Consent Agenda. Upon vote, the MOTION CARRIED UNANIMOUSLY. After further discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to approve the remainder of the Consent Agenda as follows. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Contract for Construction of Simulated Water for Riverfront Diorama - Museum The Commissioners approved a contract with Fred DeShong Scott for construction of simulated water for a riverfront diorama in the amount of $6,453 authorizing the County Manager to execute the contract. A copy of the contract is on file in the County Manager's office. Approval of Name Change of County Agency - Civil Preparedness The Commissioners approved a request to change the name of "Civil Preparedness" to "New Hanover County Department of Emergency Services." Approval of Change Order No. 7 to Contract No. II & III and Change Order No. 4 to Contract No. IV - Northeast Interceptor The Commissioners approved Change Order No. 7 to Contract No. II & III and Change Order No. 4 to Contract No. IV for extension of time with no change in the contract price, authorizing the Chairman to execute the Change Orders with Hall Contracting Company and Graves Electric Company. Acceptance of Grant Agreement with N. C. Department of Transportation for Obstruction Removal in the Approach to Runway 34 at New Hanover County Airport The Commissioners authorized the Chairman to execute a Grant Agreement with N. C. Department of Transportation in the amount of $28,400 for obstruction removal in the approach to Runway 34. The project was approved at the May 7, 1984, meeting. Copies of the Grant Agreement and Resolution are contained in Exhibit Book XI, Page 31. Acceptance of Grant Agreement with N. C. Department of Transportation for Construction of Baggage Claim Improvements at New Hanover County Airport The Commissioners authorized the Chairman to execute a Grant Agreement with N. C. Department of Transportation in the amount of $24,250 for Baggage Claim Improvements at New Hanover County Airport. The Project was approved at the February 20, 1984, meeting. '---- 583 MINUTES OF REGULAR MEETING, JUNE 4, 1984 (CONTINUED ). APPROVAL OF CONSENT AGENDA (CONTINUED) Acceptance of Grant Agreement With N. C. Department of Transporation for Construction of Baggage Claim Improvements at New Hanover County Airport (continued) Copies of the Grant Agreement and Resolution are contained in Exhibit Book XI, Page 31. I Approval of Ambulance Franchise Agreement with Comprehensive Home Health The Commissioners approved a new franchise application to Comprehensive Home Health Care I, Inc. in lieu of the franchise awarded to Comprehensive Home Health Care, Inc. on April 2, 1984, due to an organizational change. A copy of the Franchise Application is on file in Exhibit Book XI, Page 32. PUBLIC HEARING CONTINUED FROM MAY 7, 1984, TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 30,000 SQ. FT. LOCATED ON THE WESTSIDE OF CAROLINA BEACH ROAD (US HIGHWAY 421) APROXIMATELY 46 FT. SOUTH OF CATHAY ROAD (SR 1276) FOR A CONVENIENCE FOOD STORE IN AN R-15 RESIDENTIAL DISTRICT Chairman Gottovi stated this Public Hearing was continued from the May 7, 1984, meeting where testimony was given by Ms. Nancy Williamson, and the Planning Director had given background information on the request. Chairman Gottovi asked if anyone present wished to speak in opposition to the issuance of the Special Use Permit. No one commented. I After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner O'Neal to approve the issuance of a Special Use Permit with special conditions listed in the following order. Upon vote, the MOTION CARRIED UNANIMOUSLY to approve an ORDER GRANTING A SPECIAL USE PERMIT The County Commissioners for New Hanover County having heard a public hearing on Monday, May 7 and June 4, 1984, to consider application number SUP #222 5/84 submitted by Thomas L. Sellars, a request for a Special Use Permit to use the property located at the westside of Carolina Beach Road, approximately 46 feet south of Cathay Road for a Convenience Food Store, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following CONCLUSIONS: I. The County Commissioners FIND as a FACT that all of the specific requirements set forth in Section 72-4 of the County Zoning Ordinance will be satisfied if the property is developed in accordance with the plans submitted to the County Commissioners. I 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: a. The County has approved the site for installation of a septic tank. b. Fire protection services are available to the site by the Federal Point VFD. c. Associated Utilities, Inc. from adjoining Monterey Heights Subdivision has agreed to provide water services to the proposed store. 584 MINUTES OF REGULAR MEETING, JUNE 4, 1984 (CONTINUED) SPECIAL USE PERMIT FOR PROPERTY LOCATED ON THE WESTS IDE OF CAROLINA BEACH ROAD SOUTH OF CATHAY ROAD FOR A CONVENIENCE FOOD STORE IN AN R-l5 RESIDENTIAL DISTRICT (CONTINUED) d. An easement from R. C. Fowler (Property Owner No.6) has been arranged to provide access from the property onto Cathay Road. e. DOT Driveway permit recommendations have been obtained and all driveway entrances are designed to meet minimum traffic standards. 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 condi tions and specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF FACT: a. Convenience Food Stores are a permitted Special use in R-15 Residential Districts. b. The proposed use according to the site plan as submitted meets all lot area, building size and setback requirements of Sections 52.5 and 72-4 of the Zoning Ordinance. c. The proposed convenience food store will not be located within the interior of a proposed subdivision per Section 72-4(4) and all fuel sales will comply with Section 72-4(7) of the Ordinance as indicated on the site plan. d. Six standard parking spaces and one handicapped parking space will be provided as shown on the submitted site plan in accordance with Section 81 of the 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: a. The proposed use will be located at a corner lot within a larger vacant tract of land approximately 2.9 acres in size. b. All of the surrounding property is vacant and undeveloped and the proposed use will be at least 163 feet away from the nearest residential lot in Monterey Heights. c. Most of the property south of Cathay Road and west of Carolina Beach Road is vacant and undeveloped and the location of a convenience food store should not injure adjoining property values. 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: a. There are several small businesses located within the immediate area and the proposed store should not be out of character or harmony with the area in which it is to be located. b. The property is classified as rural on the County's Land Use Plan. County Policies for Growth and Development encourage the placement of commercial sites designed to meet local, neighborhood or community markets. c. Few convenience food stores presently exist along Carolina Beach Road. '---- 585 MINUTES OF REGULAR MEETING, JUNE 4, 1984 (CONTINUED) SPECIAL USE PERMIT FOR PROPERTY LOCATED ON WESTS IDE OF CAROLINA BEACH ROAD SOUTH OF CATHAY ROAD FOR A CONVENIENCE FOOD STORE IN AN R-15 RESIDENTIAL DISTRICT (CONTINUED) I 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 SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a. 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. b. If any of the conditions imposed by this special use permi t 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 local, State and Federal codes. Require that all underground fuel storage tanks be removed from the property if the property is converted to an alternate use. A planted buffer must be placed along side and rear property lines. The commercial dumpster must be protected and screened from view. c. Other: 1. 2. 4. I PUBLIC HEARING - 1984/85 BUDGET (INCLUDING REVENUE SHARING BUDGET) Chairman Gottovi stated notice had been given that a Public Hearing on the proposed 1984/85 Budget would be held on June 4, 1984, at 7:00 o'clock P.M. giving all interested citizens of New Hanover County an opportunity to comment. Chairman Gottovi opened the Public Hearing asking if anyone present wished to comment. The following persons commented: Mr. Fred Retchin expressed concern for growth in size of the New Hanover County Budget over the past two years from 37 1/2 to 44 1/2 million dollars representing a 20% increase. He stressed the importance of developing an evaluation system for all departments in the County to measure employee producti vi ty stating business cannot survive without balancing increased costs with increases in productivity. Mr. Retchin requested the Clerk to record his presentation as an Exhibit to the minutes of the meeting. A copy of the presentation is contained in Exhibit Book' XI, Page 32. I Mr. Jim Sandy commented on aspects of the budget expressing concern over increase in the size of the budget for the Fiscal Year 1984/85 emphasizing the small amount of funds allocated for drainage. He requested consideration of allotting more money for this problem. He commented on the increase in personnel posi tions over the past 10 years emphasi zing the need for justification of this increase. Chairman Gottovi closed the Public Hearing. RECESS OF REGULAR MEETING TO A WATER AND SEWER DISTRICT MEETING Chairman Gottovi recessed the meeting from 7:50 o'clock P.M. to 7:58 o'clock P.M. for a meeting of the New Hanover County Water and Sewer District. RECESS OF REGULAR MEETING TO HOLD A CONTINUED MEETING OF THE 1984 EQUALIZATION AND REVIEW BOARD Chairman Gottovi recessed the meeting from regular session 586 MINUTES OF REGULAR MEETING, JUNE 4, 1984 (CONTINUED) RECESS FOR MEETING OF 1984 EQUALIZATION AND REVIEW BOARD (CONTINUED) to hold a continued meeting of the Equalization and Review Board from 8:15 o'clock P.M. to 9:50 o'clock P.M. REGULAR MEETING RECONVENED Chairman Gottovi recovened the meeting to Regular Session at 9:50 o'clock P.M. PUBLIC HEARING CONTINUED FROM MAY 7, 1984, TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE VI, DISTRICT REGULATIONS, SECTION 59.3-4, DIMENSIONAL REQUIREMENTS OF THE AI AIRPORT INDUSTRIAL DISTRICT TO ALLOW LOTS SUBDIVIDED BEFORE JUNE 1, 1981, TO BE LESS THAN THE ONE ACRE MINIMUM LOT AREA Planning Director Hayes gave background information on the Zoning Ordinance Text Amendment stating the purpose of the text change is to provide a means by which non-conforming lots (less than one acre in size which were subdivided and recorded prior to June 6, 1981) can become usable for building purposes if located outside an approach zone for the New Hanover County Airport. Chairman Gottovi asked if anyone present wished to speak in favor of the text change. The following person commented: Mr. Herbert Fisher Chairman Gottovi asked if anyone present wished to speak in opposition to the text change. No one commented. After discussion, Commissioner O'Neal MOVED, SECONDED by Commissioner Barfield to approve the Zoning Ordinance Text Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTH CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1983", is contained in Exhibit Book XI, Page 33. PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 25,397 SQo FT. LOCATED ON THE EASTSIDE OF FIFTY-FIRST STREET (SR 1448), APPROXIMATELY 150 FEET NORTH OF OLEANDER DRIVE FROM AN R-15 RESIDENTIAL DISTRICT TO AN 0 & I AND INSTITUTIONAL DISTRICT Planning Director Hayes gave background information on the rezoning request stating rezoning 0 & I would provide for both off ice and residential use, while limiting the encroachment of commercial uses west along Oleander Drive or into the Pine Street neighborhood. He stated the Planning Board recommended approval. Chairman Gottovi asked if anyone present wished to speak in favor of the rezoning request. No one commented. Chairman Gottovi asked if anyone present wished to speak in opposition to this request. No one commented. After discussion, Commissioner O'Shields MOVED, Commissioner O'Neal to approve the rezoning request. the MOTION CARRIED UNANIMOUSLY. SECONDED by Upon vote, A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF ZONING AREA 9B OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED JULY 1, 1972," is contained in Zoning Ordinance Book I, Page 53. PUBLIC HEARING TO CONSIDER A ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE V, DISTRICT REGULATIONS, SECTION 50-2, TABLE OF PERMITTED USES, TO MAKE ANIMAL OR PET CEMETERY A SPECIAL USE IN THE R-20S, R-20, R-15, B-1 AND B-2 AND Al DISTRICT Planning Director Hayes gave background information on the Zoning Ordinance Text Amendment stating the purpose of the amendment was to bring the County's Zoning Ordinance in line with a recent Zoning Board of Adjustment decision regarding animal or pet cemeteries and the burial of animals at kennels. He stated "- 587 MINUTES OF REGULAR MEETING, JUNE 4, 1984 (CONTINUED) ZONING ORDINANCE TEXT AMENDMENT TO ARTICLE V, DISTRICT REGULATIONS, SECTION 50-2, TABLE OF PERMITTED USES, TO MAKE ANIMAL OR PET CEMETERY A SPECIAL USE IN THE R-20S, R-20, R-15, B- 1 AND B-2 AND Al DISTRICTS (CONTINUED) the Planning Board recommended approval with the recommendation of staff that Animal or Pet Cemetery be placed under Cemeteries, rather than Agricultural, Forestry and Fishing in the Table of Permitted Uses. I Chairman Gottovi asked if anyone present wished to speak in favor of the Text Amendment. The following person commented: Mr. Dumay Gorham, Jr., Attorney representing the applicants, Mr. and Mrs. E. D. Insoce, commented on the importance of clarifying the Zoning Ordinance by adding the new category "Animal or Pet Cemetery" to the Table of Permitted Uses. Commissioner O'Shields questioned the possiblity of a highly contagious disease being transmitted from dead pets to humans. Ms. Inscoe stated the only disease transmitted from pets to humans is rabies. Chairman Gottovi asked if anyone present wished to speak in opposition to the Text Amendment. The following person commented: Mr. Peter Davis stressed the importance of a Text Change that would provide guidellines for future animal cemeteries. After discussion, Commissioner O'Shields MOVED, SECONDED by Commissioner Barfield to approve the Zoning Ordinance Text Amendment. Upon vote, the MOTION CARRIED UNANIMOUSLY. I A copy of the "AN ORDINANCE OF THE COUNTY OF NEW HANOVER, NORTB CAROLINA AMENDING THE ZONING ORDINANCE OF NEW HANOVER COUNTY ADOPTED OCTOBER 6, 1969", is contained in Exhibit Book XI, Page 33. PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR PROPERTY APPROXIMATELY 7.59 ACRES LOCATED ON THE NORTH SIDE OF GREENVILLE LOOP ROAD (SR 1411), APPROXIMATELY 350 FEET EAST OF CLEARBROOK DRIVE FOR AN ANIMAL OR PET CEMETERY IN AN R-15 RESIDENTIAL DISTRICT Planning Director Hayes gave background information on the Special Use Permit stating the Board of Adjustment recently ruled that the existing Special Use Permit issued to the applicants would only allow for the burial of animals that died on the premises and that an additional Special Use Permit would be required to bury animals on the property that died off the premises. Chairman Gottovi asked any persons present wishing to give 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: I Mrs. Judy Inscoe Ms. Eddie Inscoe Mr. Dumay Gorham Mr. Dumay Gorham, Attorney representing Mr. & Mrs. Inscoe, questioned the applicant, presenting evidence that the four general requirements had been met. Mr. Gorham presented pictures of the Pet Cemetery and letters from adjacent property owners as Exhibit I, II, III, IV, V, and VI. Chairman Gottovi asked if any persons present wished to give testimony in opposition to th~ issuance of the Special Use Permit to step forward to be sworn in. The following person was sworn in: 588 MINUTES OF REGULAR MEETING, JUNE 4, 1984 (CONTINUED) SPECIAL USE PERMIT FOR PROPERTY LOCATED ON GREENVILLE LOOP ROAD FOR AN ANIMAL OR PET CEMETERY (CONTINUED) Mr. Peter Davis Mr. Davis requested the following conditions be attached to the Special Use Permit in order to protect citizens of the County in future establishment of Pet Cemeteries: I. A limit be set on the number of animals buried in a cemetery. 2. No crematorium shall be permitted in the facility. 3. A list maintained on the animals buried. 4. No above the ground monuments. 5. Deed restrictions. After a lengthy discussion, Commissioner Barfield MOVED, SECONDED by Chairman Gottovi to approve the issuance of the Special Use Permit with attached conditions listed in the following Special Use Permit. Upon vote, the MOTION CARRIED UNANIMOUSLY issuing an ORDER GRANTING A SPECIAL USE PERMIT The County Commissioners for New Hanover County having heard a Public Hearing on Monday, June 4, 1984, to consider application number SUP #223 6/84 submitted by E. Do Inscoe, a request for a Special Use Permit to use the property located at the northside of Greenville Loop Road for an Animal or Pet Cemetery in an R-15 District, and having heard all the evidence and arguments presented at the hearing, make the following FINDINGS OF FACT and draw 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 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: a. The County Health Department has inspected and approved the location of the animal burial site. b. A Special Use Permit was issued for the existing kennel and animal boarding facility in June 1975. c. Approximately 40-50 animals have been buried at the site without endangering 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: a. The location of the animal cemetery as shown on the site plan is setback at least 10 feet from the front and 30 feet from the side in compliance with the Zoning Ordinance. b. The site is limited to an area 150' x 160' in the southeast corner of the property as designated on the site plan. 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 '---- 589 MINUTES OF REGULAR MEETING, JUNE 4, 1984 (CONTINUED) PUBLIC HEARING TO CONSIDER SPECIAL USE PERMIT FOR AN ANIMAL AND PET CEMETERY IN AN R-15 RESIDENTIAL DISTRICT (CONTINUED) public necessity. In support of this conclusion the Commissioners make the following FINDINGS OF FACT: I a. Property has always been used for a kennel operation. b. Burial is established as a memorial garden adjacent to the applicants principal residence and will be maintained as long as the kennel exists. c. The proposed use should not devalue the adjoining propety. 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: a. The burial of boarding animals and pets on the grounds of an existing kennel should not be out of character with the principal use of the property. b. The property is classified as Transition on the County's Land Use Plan and the location of a kennel and boarding facility with pet cemetery is reflective of the rural to suburban changes found within this classification. I 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 SPECIAL USE PERMIT be GRANTED, subject to the following conditions: a. 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. b. If any of the conditions imposed by this special use permi t 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. c. Other: I. The owner shall maintain a location map of each "cemetery plot" and a reference list of the buried animals for inspection if necessary by the County Health Dept. 2. That the use shall be subject to all Federal, State and local codes. 3. A 90-day restriction on the future use of the animal burial site shall be imposed on the property following the first date of public notice for the termination of the pet cemetery. 4. Future burial of animals on the property should be setback at least 25 feet from the front property line. 5. No crematorium shall be permitted in the facility. 6. A document shall be recorded reflecting the use of the property for a pet cemetery that satisfies the requirements of the Register of Deeds. I 590 MINUTES OF REGULAR MEETING, JUNE 4, 1984 (CONTINUED) ADOPTION OF RESOLUTION REQUESTING THE STATE OF NORTH CAROLINA TO APPROPRIATE $1,009,000 TO THE DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT TO ACQUIRE MASONBORO ISLAND AS AN ESTUARINE SANCTUARY Chairman Gottovi presented a resolution requesting to appropriate $1,000,000 to the Department of Natural and Community Development to be used to pay for appraisals, acquisition fees, and other costs necessary acquire Masonboro Island as an estuarine sanctuary. the State Resources surveys, to fully After discussion, Chairman Gottovi MOVED, SECONDED by Commissioner O'Neal to adopt the resolution with copies being forwarded to Bob Jordan and the Coastal Management staff. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is contained in Exhibit- Book XI, Page 33. ANNOUNCEMENT OF MEETING WITH LOCAL LEGISLATORS ON JUNE 6, 1984 Chairman Gottovi stated that Representatives Tommy Rhodes and Harry Payne could meet with the Commissioners at 8: 30 A.M. on June 6, 1984, to discuss local issues. Commissioner Blake stated he would arrive late due to a Board of Health Meeting at 8:30 a.m. RECESS AND CONTINUATION OF THE MEETING UNTIL JUNE 6, 1984 Commissioner Blake MOVED, SECONDED by Commissioner O'Neal to recess the meeting until 8:30 o'clock A.M., June 6, 1984. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Gottovi recessed the meeting at 11: 40 o'clock P.M. until June 6, 1984. Respectfully submitted, of~~ Clerk MINUTES OF CONTINUED MEETING, JUNE 6, 1984 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Wednesday, June 6, 1984, at 8:30 o'clock A.M. in the Assembly Room of the New Hanover County Administration Building, Wilmington, North Carolina. Members present were: Commissioners Jonathan Barfield, Sr.: Nolan O'Neal; Claud 0' 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 Donald P. Blake arrived at 8:40 A.M. due to a meeting with the Board of Health. r Chairman Gottovi called the meeting to order stating that this was a Continued Meeting of the Regular Meeting of June 4, 1984. DISCUSSION OF ITEMS OF CONCERN WITH LOCAL LEGISLATORS Chairman Gottovi, on behalf of the Board, welcomed Representative Tommy Rhodes and Representative Harry Payne expressing appreciation for their attendance. County Manager Cooper expressed his concern for New Hanover County and other counties throughout the state being required to prepare the budget and set a tax base before July 1, 1984, '----