HomeMy WebLinkAbout1985-01-07 Regular Meeting
759
MINUTES OF REGULAR MEETING, JANUARY 7, 1985
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular
Session on Monday, January 7, 1985, at 7:00 o'clock P.M. in the
Assembly Room, New Hanover County Administration Building,
Wilmington, North Carolina.
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Members present were: Commissioners John Dolan~ Fred
Retchin ~ Claud 0' Shields, Jr. ~ Vice-Chairman Jonathan Barfield,
Sr. ~ Chairman Nolan 0' Neal ~ As sistant County Manager, Mary
Gornto~ County Attorney, Robert W. Pope~ and Clerk to the Board,
Lucie F. Harrell.
Reverend Billy Peele, Pastor of the Oleander/Devon Park
United Methodist Church, gave the invocation.
APPROVAL OF MINUTES
Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to approve the minutes of the Regular Meeting of
December 3, 1984, as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to approve the minutes of the Regular Meeting of
December 17, 1984, as presented. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
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DISCUSSION OF ITEM 15 - THOROUGHFARE SYSTEM FOR THE COLLEGE ACRES
NEIGHBORHOOD
Chairman O'Neal commented on Item No. 15 stating that the
plan would not be adopted tonight since a Public Hearing was
scheduled for Tuesday, January 8, 1985, at 7:30 P.M. After
discussion, it was the consensus of the Board to hold the Public
Hearing giving the public an opportunity to speak before making a
decision.
NON-AGENDA ITEMS
Chairman O'Neal asked if any member of the general public
wished to address the Commissioners on any item listed on the
Consent Agenda or any subject not listed on the Regular Agenda.
No one commented.
APPROVAL OF CONSENT AGENDA
Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin to approve the following Consent Agenda items. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
CONSENT AGENDA
Adoption of Resolutions for Addition of Roads to State Secondary
Road System
The Commissioners adopted resolutions approving the
addi tions of the following roads to the N. C. State Maintained
Secondary Road System:
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Millbrook Sub., Sec. 7A - (Div. File #518-N)
Brookview Drive - (Div. File #513-N)
Hermitage Rd., Extension of SR1333
(Division File #504-N)
Bradley Pines Dr. - (Div. File #505-N)
Copies of resolutions are contained in Exhibit Book XII,
Page 31.
Approval of Budget Amendment Approved by County Manager
The following Budget Amendment was approved by the County
Manager and is being reported for entry into the record:
CBA Funds - Movement of funds from Police Dept.
Debit - #11 5855 570, Wil. Police Dept. $1,925
Credit - #11 5851 570, Drug Abuse CBA $ 645
#11 5854 570, Youth Help, Inc. CBA 460
#11 5861 570, OAR 820
760
MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED)
APPROVAL OF CONSENT AGENDA (CONTINUED)
Approval of Low Bid for Landfill Cell Construction Cell i2 -
Engineering
The Commissioners awarded the low bid for Landfill Cell
Construction for Cell #2 to M.W.M. Contracting Corporation for
Contract A and B in the amount of $618,575 authorizing the
Chairman to execute the contracts with approval of the following
Budget Amendment:
Debit - 70 3990 990, Landfill
Credit - 70 4710 660, Construction Expense
$442,000
$442,000
Approval of Proposal from Soil and Materials Engineers - Landfill
Construction - Cell #2 - Engineering
The Commissioners approved the proposal from Soil and
Materials Engineers to perform soil testing services for the
construction of Cell #2 at an estimated cost of $7,225 and
authorized contracting with Soil and Materials Engineers for the
services.
Approval of Budget Amendment - New Hanover County Board of
Education
The Commissioners approved a Budget Amendment presented by
The Board of Education to appropriate additional funds made
available via State source in the amout of $81,811 with execution
of a joint Resolution by the Chairman for this increase in their
current budget.
A copy of the resolution is contained in Exhibit Book XII,
Page 32.
Approval of
Engineering
Budget Amendment - Hurricane Debris Removal -
The Commissioners approved the following Budget Amendment to
allocate funds received from FEMA Grants for Hurricane Debris
Removal:
Debit - 11 3433 220, FEMA Grants $25,000
Credit - 11 4330 395, Hurricane Debris Removal $25,000
Approval of Budget Amendment - Steam Plant
The Commissioners approved the following Budget Amendment to
allocate Tipping Fee Revenues for Landfill Expenses:
Debit - 71 3471 412, Tipping Fee Revenue
Credit - 71 4720 377, Landfill Expenses
$44,000
$44,000
Award of Low Bid to Hodges Electric Company - Lighting for Cape
Fear Optimist Park - Parks & Recreation
The Commissioners awarded the low bid in the amount of
$20,100 to Hodges Electric Company for lighting of Cape Fear
Optimist Park.
PUBLIC HEARINGS
Notice had been given that a Public Hearing would be held by
the Board of Commissioners of New Hanover County on Monday,
January 7, 1985, at 7:00 o'clock P.M. in the Assembly Room of the
County Administration Building, 320 Chestnut Street, Wilmington,
North Carolina, to consider the following:
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761
MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED)
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PUBLIC HEARING TO CONSIDER REZONING A PORTION OF A PARCEL (100 X
842) APPROXIMATELY 23.8 ACRES LOCATED ON THE NORTH SIDE OF MARKET
STREET EAST OF THE WILMINGTON CORPORATE LIMITS
Planning Director Hayes gave background information on the
rezoning request stating the Planning Staff and Planning Board
recommended approval requesting acceptance of their
recommendations unless someone is present to speak in opposition.
Chairman O'Neal asked if anyone present wished to speak in
opposition to the request. No one commented.
Commi s sioner Barf ield MOVED, SECONDED by Commi s sioner
Retchin to approve the rezoning request as recommended by the
Planning Staff and Planning Board. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA 9A OF NEW HANOVER COUNTY,
NORTH CAROLINA ADOPTED JULY 1, 1972, is contained in Zoning Book
I, Page 33.
PUBLIC HEARING TO CONSIDER REZONING PROPERTY APPROXIMATELY 29
ACRES, LOCATED ON THE NORTH SIDE OF WRIGHTSVILLE AVENUE 316 FEET
EAST OF THE INTERSECTION OF WRIGHTSVILLE AVENUE AND NEW MILITARY
ROAD FROM R-15 RESIDENTIAL TO R-IO RESIDENTIAL
Planning Director Hayes requested acceptance of the Planning
Board and Planning Staff recommendations unless their was someone
present who was in opposition to the rezoning request.
Chairman O'Neal asked if anyone present wished to speak in
opposition to the rezoning request. No one commented.
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Commissioner Barfield MOVED, SECONDED by Commissioner
Retchin to approve the recommendations of the Planning Board and
Planning Staff to rezone the property. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy "AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING
THE ZONING MAP OF ZONING AREA 2 OF NEW HANOVER COUNTY, NORTH
CAROLINA ADOPTED DECEMBER 15, 1969, is contained in Zoning Book
I, Page 33.
PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL TO REZONE PROPERTY
APPROXIMATELY TEN ACRES LOCATED DIRECTLY EAST OF SILVA TERRA
SUBDIVISION FROM R-15 RESIDENTIAL TO R-IO RESIDENTIAL
Planning Director Hayes gave background information on the
appeal stating the Planning Board recommended denial due to the
fact that development of higher density zoning classification
would pose an unnecessary traffic problem in the subdivision
stating there was not any ingress and egress provisions to a
major thoroughfare or collector road. He stated the Planning
Board voted 7-0 to deny the request.
Chairman O'Neal asked if anyone present wished to speak in
favor of the rezoning request. The follo~ing persons commented:
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Mr. Jim Price, representing Central Properties, commented
on erroneous assumptions by the Planning Board stating the
property was not a part of any subdivision and that most of the
area behind the property was zoned R-IO. He respectfully
requested consideration of the County Commissioners to rezone the
property.
Mr. Alex Malpass, a propety owner, commented on the best use
of the property.
Chairman O'Neal asked if anyone present wished to speak in
opposi tion to the re zoning request. The follow ing persons
commented:
762
MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED)
PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL FOR TEN ACRES
LOCATED IN SILVA TERRA SUBDIVISION (CONTINUED)
Mr. Tim Durham, commented on the traffic problem already
existing in the area stating additional traffic would be a safety
hazard to the children in the community requesting denial of the
rezoning request. He presented pictures of the property in
question.
After a period of rebuttal by Mr. Malpass and Mr. Durham,
Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to
deny the rezoning request upholding the decision of the Planning
Board. Upon vote, the MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING TO CONSIDER AN APPEAL OF DENIAL TO REZONE PROPERTY
APPROXIMATELY 15,662 SQUARE FEET LOCATED ON THE NORTH SIDE OF
WRIGHTSVILLE AVENUE, WEST OF THE EASTWOOD ROAD/WRIGHTSVILLE
AVENUE INTERSECTION FROM R-15 RESIDENTIAL TO B-1 BUSINESS
Planning Director Hayes gave background information on the
denial of the rezoning request by the Planning Board stating
prior to October 1983, the parcel was rezoned, along with nine
other lots within the triangle between Wrightsville Avenue and
Eastwood Road to R-15 Residential. He stated it was determined
at that time the existing residential development characteristic
of the area should be retained and encouraged to remain. He
emphasized the tremendous pressures to develop the area for
commercial, office and institutional uses commenting on the
traffic congestion at the present time.
Chairman O'Neal asked if anyone present wished to speak in
favor of the rezoning request. The following persons commented:
Mr. George Rountree, Attorney representing the petitioners,
Mr. Oran S. and Emelia Hinton and Mr. Lee A. Debnam, commented on
the best use of the property stating his clients had been offered
$100,000 for their property with the approved zoning and were
willing to sell since all surrounding property had become
commercial and the quality of living was poor for residential
use. He stated Mr. Debnam, the purchaser, was planning to
construct a real estate office.
Commissioner Barfield asked if the property could be zoned 0
& I which would be more in keeping with the Land Use Plan. Mr.
Rountree stated this would be agreeable.
County Attorney Pope advised the best route to follow would
be to readvertise the Public Hearing since the Public Notice had
been advertised for B-1 Zoning.
Mr. James Hinton, the son of Mr. & Mrs. Hinton, commented
on the fact that his parents have lived in this location for 50
years explaining the transition that had occurred from a rural
area to a commercial area. He requested consideration of the
Board to rezone this property to B-1 presenting letters of
support from all residents of ajoining properties.
Mrs. Emelia Hinton commented on the need for she and her
husband to sell requesting consideration of the Board.
Chairman O'Neal asked if anyone present wished to speak in
opposition to the rezoning. The following persons commented:
Mrs. Edward Southerland stated she and her husband had lived
on their property for 50 years and were trying to preserve a
quality of life and continue to live there. She strongly urged
the Board to uphold the denial of the Planning Board stating
approval of the rezoning request would destroy the area.
Mr. Southerland commented on the traffic problem already
existing.
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763
MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED)
PUBLIC HEARING TO CONSIDER APPEAL OF DENIAL OF REZONING FROM R-15
TO B-1 - WRIGHTSVILLE AVENUE AND EASTWOOD ROAD (CONTINUED)
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Commissioner O'Neal MOVED, SECONDED by Commissioner Barfield
to deny the rezoning and uphold the decision of the Planning
Board. Due to a substitute motion and the vote not being called,
the motion failed.
Commissioner Dolan commented on the fact that property in
this area was already being used as commercial.
After a lengthy discussion of whether to rezone O&I or B-2
and the legal ramifications involved, Commissioner O'Shields made
a substitute motion, SECONDED by Commissioner Retchin to rezone
the property to B-1 as requested by the appellant. Upon vote,
the MOTION CARRIED AS FOLLOWS:
Voting Aye: Commissioner Dolan
Commissioner Retchin
Commissioner O'Shields
Voting Noe: Commissioner Barfield
Chairman O'Neal
A copy of "AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA 2 OF NEW HANOVER COUNTY,
NORTH CAROLINA ADOPTED DECEMBER 15, 1969" is contained in Zoning
Book I, Page 33.
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BREAK
Chairman O'Neal recessed the meeting for a break from 8:30
o'clock to 8:55 o'clock P.M.
PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PROPERTY
LOCATED ON THE SOUTH SIDE OF MIDDLE SOUND LOOP ROAD, 1.70 ACRES
IN SIZE FOR A MOBILE HOME
Planning Director Hayes and Planner Avery presented slides
and gave background information discussing the four general
requirements stating they had been met.
Chairman O'Neal asked any persons present wishing to give
testimony in favor of or in opposition to the issuance of the
Special Use Permit to step forward to be duly sworn in. The
following persons were sworn in:
Mr. Forest Riggs
Mr. James Cook
Chairman O'Neal asked if anyone present wished to speak in
favor of the issuance of the Special Use Permit. The following
person commented:
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Mr. Forest Riggs, the petitioner, stated he had requested
the Special Use Permit in order to allow his son to place a
mobile home on this property until he could build a house.
Chairman O'Neal asked Mr. Riggs if he concurred with the facts
and findings presented by the Planning Staff. Mr. Riggs stated
he concurred with the presentation.
Chairman O'Neal asked if anyone present wished to speak in
opposition to the issuance of the Special Use Permit. The
following persons commented:
Mr. James Cook, an adjacent property owner, expressed
concern for the devaluation of his property by allowing mobile
homes in this area.
After questions and answers by the Commissioners,
Commissioner O'Shields MOVED, SECONDED by Commissioner Retchin to
approve the issuance of a Special Use Permit as follows. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
764
MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED)
PUBLIC HEARING TO CONSIDER ISSUANCE OF SPECIAL USE PERMIT -
MOBILE HOME - MIDDLE SOUND LOOP ROAD
AN ORDER GRANTING A SPECIAL USE PERMIT
The County Commissioners for New Hanover County having held
a Public Hearing on Monday, January 7, 1985, to consider
application number #S-235 1/85 submitted by Forest Riggs, a
request for a Special Use Permit to use the property located on
the southside of Middle Sound Loop Road east of Brandywine
Subdivision, for a mobile home and having heard all the evidence
and arguments presented at the hearing make the following
FINDINGS OF FACT and draw the following:
1. The County Commissioners FIND as a FACT that all the
specific requirements set forth in Section 72-27 of the County
Zoning Ordinance will be satisfied if the property is developed
in accordance with the plans submitted to the County
Commissioners. (Specify which requirements, if any, are not
satisfied by the proposed development).
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 New Hanover County Health Department has issued a
septic tank permit for sewage disposal on the property.
b. The petitioners will use an existing well to service
the proposed mobile home.
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. The proposed mobile home is a special use in the
R-20 Residential District.
b. The property is 1.70 acres in size and despite
the presence of an existing single family
structure, ample area is provided for the
mobile home.
c. Adequate ingress and egress is provided via
Middle Sound Loop Road and adequate space
for parking is provided.
d. All side, front and rear yard requirements
are satisfied.
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 property in the general area is sparsely
developed and would be classified as rural
on the Land Classification Map.
b. A mobile home is presently located on a lot
adjacent to and directly south of the lot in
question.
5. It is the County Commissioners' CONCLUSION that the
proposed use does satisfy the fourth general requirement listed
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765
MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED)
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR
PLACEMENT OF MOBILE HOME - MIDDLE SOUND LOOP ROAD
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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 property as noted is classified as rural and
County Policies for Growth and Development provide
that rural areas be maintained as low density
residential areas, rural communities, open space
lands, farms, and other uses deemed compatible
with the policy's intent.
b. The mobile home if located as proposed would be in
harmony with the area and in general conformity
with the plan of development for 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 the SPECIAL USE
PERMIT be GRANTED, subject to the following conditions:
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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 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.
c. Other: Compliance with Federal, State and local
regulations.
PUBLIC HEARING TO CONSIDER A SPECIAL USE PERMIT FOR PROPERTY
LOCATED ON THE NORTHWEST CORNER OF CAROLINA BEACH ROAD AND SILVA
TERRA DRIVE FOR A CONVENIENCE FOOD STORE
Planning Director Hayes and Planner Avery presented slides
and gave background information on the issuance of the Special
Use Permit stating the request met the four general
requirements.
Chairman O'Neal asked any persons present wishing to give
testimony in favor of or in opposition to the issuance of the
Special Use Permit to step forward to be duly sworn in. The
following persons were sworn in:
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Ms. Nancy Williamson
Mr. Randy Johnson
Ms. Barbara Jackson
Mr. Tim Durham
Chairman O'Neal asked if anyone present wished to speak in
favor of the issuance of the Special Use Permit. The following
person commented:
Ms. Nancy Williamson, representing Panty Food Stores, gave
background information on the type of facility to be placed on
the property requesting approval of the issuance of the Special
Use Permi t and concurring wi th the facts presented by the
Planning Staff.
Chairman O'Neal asked if anyone present wished to speak in
opposition to the issuance of the Special Use Permit. The
following persons commented:
766
MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED)
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR
PLACEMENT OF CONVENIENCE STORE ON CORNER OF CAROLINA BEACH ROAD
AND SILVA TERRA DRIVE (CONTINUED)
Mr. Randy Johnson commented on the fact that approximately
four convenience stores existed within a half-mile radius
expressing concern for the additional traffic if the store is
constructed.
Mr. Tim Durham pointed out the number of children that live
on Silva Terra Drive and the amount of traffic that would be
generated by construction of the store. He urged the
Commissioners not to approve the Special Use Permit.
After a lengthy discussion, Commissioner O'Shields MOVED,
SECONDED by Commissioner Retchin to approve the Special Use
Permit with the following conditions:
1. Require a commercial dumpster being
screened from view by a wooden fence.
2. That the existing sign for the entrance
to Silva Terra Subdivision remain.
Upon vote, the MOTION CARRIED UNANIMOUSLY approving issuance
of the following Special Use Permit.
AN ORDER GRANTING A SPECIAL USE PERMIT
The County Commissioners for New Hanover County having held
a Public Hearing on Monday, January 7, 1985, to consider
application number #S-236 1/85 submitted by the Panty, Inc., a
request for a Special Use Permit to use the property located at
the northwest corner of Silva Terra Drive and Carolina Beach 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. (Specify which requirements, if any, are not
satisfied by the proposed development).
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. Septic tank has been provisionally approved
by the Health Department.
b. Cape Fear Utilities, Inc. has agreed to provide
water service to the site.
c. Fire protection services are available to the
site provided by the Myrtle Grove Volunteer
Fire Department.
d. Access to the site will be via Silva Terra Drive~
a residential collector, and by Carolina Beach
Road, a major thoroughfare. DOT has reviewed
these access points and approved them subject to
recommended modifications.
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:
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767
MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED)
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR
PLACEMENT OF A CONVENIENCE STORE ON THE CORNER OF SILVA TERRA
DRIVE AND CAROLINA BEACH ROAD (CONTINUED)
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a. Convenience food stores are a permitted special
use in the R-15 Residential District.
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 74-4
of the Zoning Ordinance. Additionally, parking
spaces will be provided (8 in all) according to
Section 81-1 and the pump island is designed in
accordance to Section 72-4 (7).
c. The proposed use will not be located within the
interior of a subdivision.
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:
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a. The proposed use will be located on a corner lot
1.37 acres in size. Properties to the north are
vacant, while properties directly west and south are
developed for single family residential purposes.
Carolina Beach Road, a four lane divided highway,
fronts the property to the east.
b. There is approximately 300 feet between the
proposed building and the rear lot line, thus
providing ample room for visual separation and
required plantings.
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 site, although located very close to an
existing subdivision, does front along a major four
lane road and would be typical of the type of
development found along such roadway.
b. The property is classified as transitional on the
County's Land Classification Map. County Policies
for Growth and Development encourage future
intensive urban development.
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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 the 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 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.
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768
MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED)
PUBLIC HEARING TO CONSIDER ISSUANCE OF A SPECIAL USE PERMIT FOR
CONVENIENCE STORE ON CORNER OF SILVA TERRA DRIVE AND CAROLINA
BEACH ROAD (CONTINUED)
c.
Other:
1.
2.
All other Federal, State and local
regulations.
Require commercial dumpster be screened
from view with wooden fence.
Require removal of all underground storage
tanks upon cessation of use of property, and
The existing sign for the entrance to Silva
Terra Subdivision is to remain.
3.
4.
DISCUSSION OF PRESERVATION OF TUGS OR SINKING OF TUGS
Mr. Meares Harriss appeared before the Commissioners
requesting transfer of funding in the amount of $5,000 approved
at the Board Meeting of December 3, 1984, to purchase concrete
and scrap metal from the Old Cape Fear River Bridge stating this
project had fallen through and he would like to use the money for
removal of the tugs donated by Stone Towing Company to the
Wrightsville Beach King Mackerel Tournament, Inc. stating the
tugs would be held until January 18, 1985, before being sunk in
order for various groups to preserve them. He then introduced
Ms. Angela Barnett who gave background information on the
preservation of the tugs. Mr. Harris requested an additional
$25,000 for preservation of the tugs.
After a lengthy discussion on preservation of the tugs and
the costs involved, Commissioner Barfield MOVED, SECONDED by
Commissioner Retchin to transfer funding in the amount of $5,000
to support the Artifical Reef Program contingent that the tugs
will be held until January 18, 1985, before sinking giving an
opportunity for various groups to preserve at least one tug.
Upon vote, the MOTION CARRIED UNANIMOUSLY.
BREAK
Chairman O'Neal recessed the meeting for a break from 10:10
o'clock P.M. to 10:30 o'clock P.M.
APPROVAL OF RESOLUTION OF INTENT TO CLOSE A PUBLIC ROAD -OLD
WILMINGTON TO POCOMOKE ROAD
After discussion, Commissioner Retchin MOVED, SECONDED by
Commissioner Barfield to approve the Resolution of Intent to
close a Public Road being a section of Old Wilmington to Pocomoke
calling for a Public Hearing to be held on Monday, February 4,
1985, at 7:00 o'clock P.M. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the Resolution of Intent is contained in Exhibit
Book XII, Page 34.
APPROVAL OF RESOLUTION OF INTENT TO CLOSE A PUBLIC ROAD BEING A
SECTION OF NASSAU ROAD LOCATED BETWEEN JAMAICA DRIVE AND BERMUDA
DRIVE
After discussion, Commissioner Retchin MOVED, SECONDED by
Commissioner Barfield to approve a Resolution of Intent to close
a Public Road being a section of Nassau Road located between
Jamaica Drive and Bermuda Drive. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
A copy of the Resolution of Intent is contained in Exhibit
Book XII, Page 34.
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769
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MINUTES OF REGULAR MEETING, JANUARY 7, 1985 (CONTINUED)
I
PRESENTATION OF THOROUGHFARE SYSTEM FOR THE COLLEGE ACRES
NEIGHBORHOOD AS RECOMMENDED BY THE WILMINGTON AREA TRANSPORTATION
ADVISORY COMMITTEE
Mr. Mark Arhendsen, representing the Wilmington Area
Transportation Advisory Committee, made a presentation and
gave an explanation of the Thoroughfare Syst~m proposed for the
College Acres Neighborhood. He stated the Transportation
Advisory Committee had worked many hours in preparing this plan
and he felt it was the best solutio~ to this problem.
After a lengthy discussion,
Board to take no action since the
on Tuesday, January 8, 1985, at
Acres Elementary School.
it was the consensus of the
Public Hearing was to be held
7:30 o'clock P.M. at College
Chairman O'Neal expressed appreciation to Mr. Arhendsen for
his presentation and asked him to be present at the Public
Hearing to be held on January 8, 1985.
BREAK
Chairman O'Neal recessed the meeting for a break from 11:10
o'clock P.M. to 11:14 o'clock P.M.
I
APPROVAL OF FUNDING REQUEST IN THE AMOUNT OF $2,500 FOR
SOUTHEASTERN SICKLE CELL ASSOCIATION, INC.
Mr. Reco Wallace, Director of the Southeastern Sickle Cell
Association, Inc., appeared before the Board to request funding
in the amount of $5,000 for purchase of equipment and educational
materials to educate the public about Sickle Cell Anemia. He
stressed the importance of making the public aware of this
disease.
Commissioner Barfield urged the Board to support this
funding request stressing the importance of keeping this disease
under control.
After a lengthy discussion, Commissioner Barfield MOVED,
SECONDED by Commissioner Retchin to approve the funding request
in the amount of $2,500 for the first six months recommending
a request for the remaining $2,500 be presented for consideration
in the 1985-86 County Budget. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
DISCUSSION OF REQUEST FROM NEW HANOVER MEMORIAL HOSPITAL TO FUND
$35,000 FOR CONSTRUCTION OF A STREET
Mr. Peter Davis, a member of the Board of Trustees of New
Hanover Memorial Hospital, appeared before the Board requesting
the County to provide additional funds in the amount of $35,000
to cover half the cost of the souths ide of the street
construction bordering County property now used by the Mental
Health Center and Health Department to be used for access to the
planned psychiatric treatment facility. He gave background
information on the new facility to be constructed.
I
After a lengthy discussion, Commissioner Retchin MOVED,
SECONDED by Commissioner Dolan to support this project with an
intent to consider the allocation of these funds in the County's
1985-86 Budget. Upon vote, the MOTION CARRIED UNANIMOUSLY.
RATIFICATION OF REAPPOINTMENT OF MINNIE WILLIAMS AND RATIFICATION
OF APPOINTMENT OF MR. JOHNSON HOOPER, JR. TO SERVE ON THE HUMAN
RELATIONS COMMISSION
Commissioner Retchin MOVED, SECONDED by Commissioner
Barfield to ratify reappointment of Mrs. Minnie B. Williams to
serve a three-year term expiring December 31, 1987, on the Human
Relations Commission as a Member at Large and to ratify the
appointment of Mr. Johnson Hooper, Jr. to serve an unexpired term
expiring December 31, 1985, on the Human Relations Commission
representing the NAACP. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
--"'II
770
MINUTES OF REGULAR MEETING, JANUARY 7v 1985 (CONTINUED)
ADDITIONAL ITEMS - COUNTY COMMISSIONERS
INVITATION EXTENDED TO ATTEND A MEETING OF THE
GREENSBORO/HIGH POINT AIRPORT AUTHORITY
Commissioner Dolan extended an invitation for the
Commissioners attending the Legislative Goals Conference in High
Point, North Carolina, to attend a Special Meeting called by the
Greensboro/High Point Airport Authority on Thursday, January 17,
1985, at 2:30 o'clock P.M. in the Conference Room of the Airport.
DISCUSSION OF COMMUNICATION BETWEEN COMMISSIONERS SERVING ON
VARIOUS BOARDS AND COMMITTEES
Commissioner Barfield expressed concern for hearing about
important issues from the general public before being informed by
fellow Commissioners serving on various boards and committees
recommending better communications between the Board Members.
CHANGE OF CLERK'S NAME
The Clerk to the Board reported that she had remarried and
her name had been officially changed to Lucie F. Harrell
requesting the record to reflect that Lucie F. Harrell and Lucie
F. Smith are one and the same person.
ADDITIONAL ITEMS - ASSISTANT COUNTY MANAGER
DISCUSSION OF AGENDA FOR RETREAT
Assistant County Manager Gornto distributed the Agenda for
the Retreat to be held on January 24, 25, & 26, 1985. She
requested perusal by the Commissioners and any recommended
changes or additions to be reported to the County Manager's
office by Friday, January 11, 1985.
CANCELLATION OF MEETING ON JANUARY 28v 1985, WITH LYNN HILL &
ASSOCIATES TO JANUARY 29v 1985
Assistant County Manager Gornto stated the joint meeting
with the Wilmington City Council scheduled for January 28, 1985,
for Lynn Hill & Associates to present the Tourism Study had been
cancelled requesting rescheduling to Tuesday, January 29, 1985,
at 4:00 P.M.
It was the consensus of the Board to reschedule the meeting
for Tuesday, January 29, 1985, at 4:00 P.M. with the place to be
decided at a later date.
ADJOURNMENT
Commissioner Retchin MOVED, SECONDED by Commissioner Dolan
to ad journ the meeting. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
Chairman O'Neal adjourned the meeting at 12:00 midnight.
)YJp~c~~ed ·
~ F. Harrell
Clerk
r
~