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2019-10-21 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 377 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 21, 2019, at 4:00 p.m. in the Andre’ Mallette Training Rooms at the New Hanover County Government Center, 230 Government Center Drive, Wilmington, North Carolina. Members present: Chairman Jonathan Barfield, Jr.; Vice-Chairwoman Julia Olson-Boseman; Commissioner Patricia Kusek; Commissioner Woody White; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Joshua Reilly, Long Leaf Baptist Church, provided the invocation and Commissioner White led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chairman Barfield requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Kusek MOVED, SECONDED by Vice-Chairwoman Olson-Boseman, to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Regular Meeting of September 16, 2019. Adoption of 2020 Schedule of Agenda Review and Regular Board of Commissioners Meetings – Governing Body The Commissioners adopted the 2020 Schedule of Agenda Review and Regular Board of Commissioners Meetings. A copy of the schedule is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 35.1. First Reading of a Solid Waste Franchise for ClearAway Waste Solutions, LLC – County Attorney The Commissioners approved the first reading of a solid waste franchise to be granted to ClearAway Waste Solutions, LLC. Pursuant to Section 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director and the Chief Financial Officer have no objections to the franchise request. The initial franchise period would run for seven years. A copy of the franchise agreement is available for review in the Legal Department. Approval of a Donation for Accession into the Museum’s Permanent Collection – Museum The Commissioners approved one item to be accessioned into the Cape Fear Museum’s permanent collection. The object was approved by the Museum Advisory Board at the meeting on September 18, 2019 and a list of the item is available for review at the Cape Fear Museum. Adoption of a Resolution Appointing Map Review Officers – Planning The Commissioners adopted a resolution designating certain staff members of New Hanover County, the City of Wilmington, and the Towns of Carolina Beach, Kure Beach, and Wrightsville Beach as Map Review Officers to examine and approve plats and maps prior to recordation at the Register of Deeds, as authorized by General Statute 47-30.2. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 35.2. Adoption of a Resolution Authorizing the Repair, Restoration and Rebinding of Register of Deeds Records – Register of Deeds The Commissioners adopted a resolution for the removal of record books from the registry for repair, restoration and rebinding. North Carolina General Statute 132-7 provides that the board of county commissioners of any county may authorize that any county records in need of repair, restoration or rebinding be removed from the building or office in which such records are ordinarily kept for the length of time required to repair, restore, or rebind them. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 35.3. Approval of Aging Disaster Relief Fund Donations to Assist Older Adults Affected by Hurricane Florence – Senior Resource Center The Commissioners approved Aging Disaster Relief Fund donations to assist older adults affected by Hurricane Florence. In an effort to address unmet needs and long-term recovery of North Carolina’s older adults and local aging agencies affected by Hurricane Florence, the North Carolina Association on Aging (NCAOA), North Carolina Association of Area Agencies on Aging (NC4A), AARP North Carolina, and North Carolina Coalition on Aging NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 378 (NCCOA) partnered to establish the Disaster Recovery Fund for Seniors in restoring hope and resilience to older adults and agencies who provide services to older adults. The Cape Fear Council of Governments Area Agency on Aging received the Cape Fear region donation and distributed New Hanover County’s allocation to the Senior Resource Center in the amount of $915.00. The Senior Resource Center is identified as the lead aging provider in New Hanover County who provides direct care for older adults and will be responsible for identifying, assessing prospective clients, tracking funding and reporting the outcomes of the donation. Approximately 12 New Hanover County older adults will receive assistance from this donation. The funding does not require a local match. Approval of August 2019 Tax Collection Reports – Tax The Commissioners accepted the Tax Collection Reports of New Hanover County, New Hanover County Fire District, and New Hanover County Debt Service as of August 2019. Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XLI, Page 35.4. Adoption of Budget Amendments – Budget The Commissioners approved the following budget amendments which amend the annual budget ordinance for the fiscal year ending June 30, 2020:  Finance 20-012, 20-013 Copies of the budget amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XLI, Page 35.5. REGULAR ITEMS OF BUSINESS ADOPTION OF DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION Chairman Barfield announced that Domestic Violence Shelter and Services, Inc. has requested the Board consider a proclamation designating October 2019 as Domestic Violence Awareness Month. Vice-Chairwoman Olson-Boseman read the proclamation into the record and asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to adopt the proclamation declaring October 2019 as Domestic Violence Awareness Month in New Hanover County. Upon vote, the MOTION CARRIED UNANIMOUSLY. Chairman Barfield invited Andrea Stough, Advocate/Outreach Coordinator with the Domestic Violence Shelter and Services, Inc. to make remarks. Ms. Stough thanked the Board for adopting the proclamation. She also thanked the community for its support over the past year as the organization worked to recover from Hurricane Florence and provide the level of service needed to address the needs of the community. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 35.6. PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING Chairman Barfield reported that the County was presented with the Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association for the fiscal year 2018 Comprehensive Annual Financial Report. This is the thirty-eighth consecutive year that the County has achieved this prestigious award. On behalf of the Board, Chairman Barfield presented the certificate to Chief Financial Officer Lisa Wurtzbacher and congratulated her and her team on the achievement. PRESENTATION OF SERVICE AWARDS AND INTRODUCTION OF NEW EMPLOYEES County Manager Coudriet recognized Chief Communications Officer Jessica Loeper for being recognized as one of the 2019 WILMA Women to Watch recipients in the public sector category and also as a recipient of the County’s Stellar Award for the shared value of Community Service. The Commissioners and County Manager Coudriet presented the Stellar Award to Ms. Loeper and thanked her for her service. County Manager Coudriet requested the following employees to step forward to receive service awards: Five Years: Kimberly Andrews, Social Services Angela English, Register of Deeds Linda Gould, Health Joelle Scholer, Social Services Bradley Shrader, Community Justice Services Michelle Winstead, Social Services Ten Years: Leslie Sampson, Social Services Twenty Years: Gina Bombolino, Planning and Inspections Gregory Benton, Property Management William Conyers, Property Management NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 379 Joyce Hatem, Health Tangy Jones, Social Services Twenty-Five Years: Judy Peacock, Sheriff’s Office Chairman Barfield presented a service award to each person and the Commissioners expressed appreciation and thanked each one for their years of dedicated service. County Manager Coudriet requested the following new employees to stand and be introduced: Brittany Blanks, Community Justice Services Rebecca Lee, Building Safety James Brown, Veterans Services Nakebia Marcelin, Social Services Russell Collins, Property Management Anne McAllister, Environmental Management Cheryl Cooper, Building Safety Brant Meeks, Social Services Angela Hampson, Social Services Nicole Money, Social Services Chianti Johnson, Social Services Tiara Robinson, Social Services Selma Keaton, Social Services Samantha Speaker, Register of Deeds Melissa Kemlage, Social Services Mark Squires, Social Services Kyle Krumel, Social Services Bernard White, Social Services Marilyn Kudro, Social Services Nicole Zuber, Public Health The Commissioners welcomed the employees to County Government and wished them success in their new positions. ALTERNATIVE FUNDING SOURCES FOR CAPE FEAR MOVING FORWARD 2045 Abby Lorenzo, Wilmington Metropolitan Planning Organization (WMPO) Senior Transportation Planner, presented the following information about alternative funding options for the Cape Fear Moving Forward 2045 plan:  Cape Fear Moving Forward 2045 Alternative Funding Opportunities:  Wilmington Urban Area MPO: Wilmington, Carolina Beach, Wrightsville Beach, Kure Beach, New Hanover County, Leland, Belville, Navassa, Brunswick County, Pender County, Cape Fear Public Transportation Authority, NCDOT Board of Transportation  MPO Long Range Planning Requirements:  Federally required to adopt and maintain long range transportation plan for region known as Metropolitan Transportation Plan (MTP):  Updated and adopted every five years  Minimum planning horizon of 20 years  Must be fiscally constrained  Projects must be in adopted MTP to be eligible for federal funds  Financial Forecast for Fiscal Constraint:  Research, collect, and process historical data from past ten years  Project historical funding trends out to 2045: Mode Forecast Capital Funding Highway $3.2 billion Bicycle and Pedestrian $127 million Mass Transit $70 million Ferry $42 million Aviation $206 million Rail $32 million Total $3.6 billion  Estimating Project Costs:  Specify the details of each project by mode  Research, collect, and process project data  Prepare cost estimates by mode using the appropriate tools  Identifying the Funding Gap: Financial Forecast + Project Costs = Funding Gap  Types and Examples of Alternative Funding Sources:  Taxes: Quarter cent local sales tax; vehicle registration fees; vehicle rental tax; tolling  Grant and Loan Programs: Consolidated Rail Infrastructure and Safety Improvement Grant (CRISI); Capital Investment Grant  Financing: Transportation bonds; Grant Anticipation Revenue Vehicles (GARVEE); Better Utilizing Investments to Leverage Development (BUILD) Transportation Discretionary Grant Program  Board Recommended for Forecasting and Further Consideration:  Quarter-Cent Local Option Sales Tax  Quarter-Cent Local Option Sales Tax for Transit  Vehicle Registration Fee  Motor Vehicle License Tax  Motor Vehicle License Tax for Transit  Vehicle Rental Tax  Bicycle Registration Fee  Municipal Transportation Bonds NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 380  Tolling  Quarter-Cent Local Sales Tax/Quarter-Cent Local Sales Tax for Transit:  Utilized for any service offered by County  Transit only sales tax applicable to construction, operation, and maintenance of TRANSIT only Tax/Fee 2020 dollars (million) Total New Hanover Brunswick Pender Quarter Cent Tax on Sales 612 494 69 49 Quarter Cent Tax on Sales 612 494 69 49 (Transit Only)  Vehicle Registration Fee:  NCGS 105-570 enables up to $7  Financing for construction, operation, and maintenance of TRANSIT only Tax/Fee 2020 dollars (million) Total New Hanover Brunswick Pender Annual Vehicle 40 32 4 4 Registration Fee  Motor Vehicle License Tax/Motor Vehicle License Tax for Transit Only:  NCGS 20-97 allows annual tax up to $30  $5 for financing, construction, operating, and maintaining transit  Up to $20 for public streets ($5 assumed for forecast) Tax/Fee 2020 dollars (million) Total New Hanover Brunswick Pender Annual Driver’s License Tax 25 20 3 2 Annual Driver’s License Tax 25 20 3 2 (Transit Only)  Vehicle Rental Tax:  NCGS 153A-156 enables county tax on passenger vehicle rentals  For the financing, construction, operating, and maintaining transit Tax/Fee 2020 dollars (million) Total New Hanover Brunswick Pender Vehicle Rental Tax 29 29 0 0  Bicycle Registration Fee:  The number of existing bicycles and bicycle sales per year estimated for WMPO region and a $10 annual fee assumed. Tax/Fee 2020 dollars (million) Total New Hanover Brunswick Pender Bicycle Registration Fee 8 6 1 1  Municipal Transportation Bonds:  NCGS 159-43 authorizes transportation bonds with voter approval  Example: City of Wilmington 2014 Transportation Bond:  $44 million in bonds totaling $55 million in projects:  $35 million in roadway projects  $20 million in bicycle and pedestrian projects  Tolling:  NCGS 136-89 created NC Turnpike Authority  Project specific, only allowed on new route, bridges, and managed lane facilities  Example: Cape Fear Crossing estimated toll revenue for 2040 MTP was $88 million  Next Steps:  WMPO Board to determine which alternative funding sources to be supported and applied in 2045 MTP  Based on project rank and cost, WMPO Board to endorse additional fiscally constrained projects  Alternative Funding Options:  Quarter-Cent Local Option Sales Tax  Quarter-Cent Local Option Sales Tax for Transit  Vehicle Registration Fee  Motor Vehicle License Tax  Motor Vehicle License Tax for Transit  Vehicle Rental Tax  Bicycle Registration Fee  Municipal Transportation Bonds  Tolling  Tax/Fee for 2020 dollars (in millions): Tax/Fee 2020 dollars (million) Total New Hanover Brunswick Pender Quarter Cent Tax on Sales 612 494 69 49 Quarter Cent Tax on Sales 612 494 69 49 (Transit Only) NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 381 Annual Driver’s License Tax 25 20 3 2 Additional Driver’s License Tax 25 20 3 2 (Transit Only) Annual Vehicle Registration Fee 40 32 4 4 Vehicle Rental Tax 29 29 0 0 Bicycle Registration Fee 7 6 1 1 Total 1350 1094 149 106 Percentage by county 100% 81% 11% 8% In response to Board questions, Ms. Lorenzo stated that with NCDOT stating it is no longer working on the Cape Fear Crossing project at this time due to cash flow, it does not take away the need in the region. By looking at alternative funding options and recognizing this billion-dollar project is not going to be funded by traditional sources, and at least acknowledging that part of it can be funded through tolling and including that in an update to the WMPO plan keeps the need in our region for this project on the table. The WMPO Board can continue to submit it to the state for prioritization and hopefully in the future find funding for the project. To date, approximately $6 million has been spent on the project. While she cannot speak for NCDOT and how it spends its funds, keeping the need for the project on the fiscally constrained list keeps its need in the region alive. In response to additional Board questions, Ms. Lorenzo stated that the vehicle tax referenced in the presentation is only for passenger rental cars and there is a five percent tax imposed on the rentals. It does not include taxes from services such as Uber and Lyft. As to the percentages paid by each county within the WMPO boundary, only a portion of Brunswick County is within said boundary and funds come from within that boundary line. All of New Hanover County is in the WMPO boundary while only portions of Brunswick and Pender counties are within the boundary line. Chairman Barfield thanked Ms. Lorenzo for the presentation. NEW HANOVER COUNTY WATER QUALITY MONITORING PROGRAM 2018-2019 FINAL REPORT Brad Rosov with Aptim Environmental and Infrastructure, Inc., stated that the monitoring of seven tidal creeks, a total of 19 sampling sites, within New Hanover County on a monthly basis has been done since November 2007. There are also three sampling sites at Airlie Gardens Lake. The creeks included in this study are Pages and Futch Creeks, which drain into the Atlantic Intracoastal Waterway (ICW) and Lords, Mott, Barnards, Smith, and Prince George Creeks, which drain into the Cape Fear River. He then presented the 2018-2019 Water Quality Monitoring Program Report highlighting the results of the water quality samples collected and analyzed for biological, chemical, and physical parameters from the following monitoring stations:  New Hanover County Water Quality Monitoring Program:  Methods: monthly sampling from July 2018 – June 2019  Physical parameters, chemical parameters, and biological parameters are utilized  Results:  2017-2018 Ratings by Watershed: Prince Barnards Futch Lords Mott Pages Smith Parameter George Creek Creek Creek Creek Creek Creek Creek Turbidity GOOD GOOD GOOD GOOD GOOD GOOD GOOD Dissolved Oxygen GOOD GOOD GOOD GOOD FAIR FAIR GOOD Chlorophyll-a GOOD GOOD GOOD GOOD GOOD GOOD GOOD Enterococci FAIR FAIR POOR FAIR POOR POOR POOR  2018-2019 Ratings by Watershed: Prince Barnards Futch Lords Mott Pages Smith Parameter George Creek Creek Creek Creek Creek Creek Creek Turbidity GOOD GOOD GOOD GOOD GOOD GOOD GOOD Dissolved Oxygen GOOD FAIR FAIR GOOD POOR FAIR FAIR Chlorophyll-a GOOD GOOD GOOD GOOD GOOD GOOD GOOD Enterococci FAIR GOOD FAIR FAIR FAIR GOOD GOOD  Results for each of the seven creeks from the past year are as follows:  Barnards Creek – located in the western part of the County draining into the Cape Fear River:  Parameter BC-CBR  Turbidity Good  Dissolved Oxygen Good  Chlorophyll-a Good  Enterococci Fair  Futch Creek – located in the northeastern part of the County draining into the Intracoastal Waterway:  Parameter FC-4 FC-6 FC-13 FC-FOY Creek  Turbidity Good Good Good Good Good  Dissolved Oxygen Good Fair Good Fair Fair  Chlorophyll-a Good Good Good Good Good NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 382  Enterococci Good Good Good Good Good  Lords Creek – located in the southwestern part of the County draining into the Cape Fear River:  Parameter LC-RR  Turbidity Good  Dissolved Oxygen Good  Chlorophyll-a Good  Enterococci Fair  Mott Creek – located north of Lords Creek draining into the Cape Fear River:  Parameter MOT-CBR MOT-ND Creek  Turbidity Good Good Good  Dissolved Oxygen Good Good Good  Chlorophyll-a Good Good Good  Enterococci Fair Poor Fair  Pages Creek – located in the northeastern part of the County draining into the Intracoastal Waterway:  Parameter PC-BDUS PC-BDDS PC-M Creek  Turbidity Good Good Good Good  Dissolved Oxygen Poor Fair Fair Poor  Chlorophyll-a Good Good Good Good  Enterococci Fair Poor Good Fair  Prince George Creek – northwestern part of the County draining into the Cape Fear River:  Parameter PG-CH PG-ML PG-NC Creek  Turbidity Good Good Good Good  Dissolved Oxygen Good Fair Poor Fair  Chlorophyll-a Good Good Good Good  Enterococci Good Good Good Good  Smith Creek – located in the north central part of the County draining into the Cape Fear River:  Parameter SC-23 SC-CD SC-CH SC-GR SC-NK Creek  Turbidity Good Good Good Good Good Good  Dissolved Oxygen Good Good Fair Good Fair Fair  Chlorophyll-a Good Good Good Good Good Good  Enterococci Good Fair Good Good Fair Good  Summary Results 2018-2019: Prince Barnards Futch Lords Mott Pages Smith Parameter George Creek Creek Creek Creek Creek Creek Creek Turbidity GOOD GOOD GOOD GOOD GOOD GOOD GOOD Dissolved Oxygen GOOD FAIR FAIR GOOD POOR FAIR FAIR Chlorophyll-a GOOD GOOD GOOD GOOD GOOD GOOD GOOD Enterococci FAIR GOOD FAIR FAIR FAIR GOOD GOOD  Airlie Gardens Lake Monthly Monitoring:  AG-IN (northern part of lake), AG-Floating Dock (FD), AG-Outfall (OUT)  Physical Parameters, Orthophosphate, Nitrate/Nitrite  Airlie Gardens Lake Water Quality Results:  Parameter AG-IN* AG-FD AG-OUT  Turbidity Good Good Good  Dissolved Oxygen Fair Good Good  Chlorophyll-a Fair Good Poor * Nutrient levels at AG-IN have been higher, on average, compared to the other two sites further south and closer to the outfall.  Conclusions:  Turbidity and Chlorophyll-a levels were deemed to be “good” in all creeks.  In general, the ratings for Dissolved Oxygen decreased while Enterococci bacteria improved between the 2017-2018 and the 2018-2019 reporting periods.  One possible reason for the improvement with Enterococci could have been a result of a “flushing” of the watersheds following the passing of Hurricane Florence and its associated heavy rains and flooding.  Enterococci bacteria issues persist at Pages Creek.  Water quality within Airlie Gardens appears to be driven in part by nutrient-laden stormwater runoff which may spur algal blooms and reduced dissolved oxygen  Data Informing Management:  Mott Creek Watershed:  Problem: Elevated Enterococci bacteria  Cause: Septic tank failures from within the Marquis Hills subdivision  Solution: Installation of sewer infrastructure  Lake at Airlie Gardens:  Problem: Algal blooms and elevated nutrients  Cause: Stormwater runoff? NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 383  Solution: Constructed wetlands  Pages Creek Watershed:  2008 County posted “Warning Sign”  2009 Pilot qPCR Source Tracking Study (with UNC-Chapel Hill)  2009 Optical Brightener Study with UNCW  2013 Expanded Source Tracking Study  Next Steps:  Address elevated Enterococci levels in Pages Creek via interpretation of thermal images obtained via the deployment of a UAV (drone) in partnership with UNCW’s Socio- Environmental Analysis Lab  Continue monthly monitoring within seven tidal creeks and at Airlie Gardens In response to Board questions, Mr. Rosov stated that testing is not done for PFAS or drinking water type testing. This is really environmental. Regarding being able to take twelve samplings at each testing site per year, he believes that was accomplished. He also believes Airlie Gardens received a grant to install a wetland best management practice. Hearing no further discussion, Chairman Barfield thanked Mr. Rosov for the presentation. ADOPTION OF BUDGET AMENDMENT 20-003 AND AWARD OF A CONTRACT FOR THE CONSTRUCTION OF LANDFILL CELLS 9 AND 10A TO ES&J ENTERPRISES, INC. Environmental Management Director Joe Suleyman stated that Hurricane Florence had significant impacts on landfill disposal. Disposal tonnage spiked to well over 1,200 tons per day. It is stabilized at this point and has remained at an elevated level. From a long-term planning perspective, it is important to look at the capital improvement project (CIP) schedule for cell construction and try to bring it closer to a new reality of expecting a storm every other year or so which does effect capacity issues as does population growth. The goal is to not run out of air space and it was close with the recent event. The Board is being asked to approve a budget amendment to move money from a cell closure project to a cell construction project. This will allow the number of acres that will be constructed this year to be increased from ten to fifteen. This request is also seen as a bid award for the very same cell which is comprised of cells 9 and 10A, with 10A being half of cell 10 for a total of fifteen acres of land. The project has already been bid out and the winning bidder was the current contractor for cell 8A, ES&J Enterprises, Inc. Director Suleyman concluded his presentation stating that he has a high level of confidence that building fifteen acres rather than five acres at a time and constantly being in a rush to get them done and permitted by the state will help the department get ahead. It will also allow for additional time to reevaluate the CIP schedule. In response to Board questions, Director Suleyman stated whether or not the state is okay with delaying a cell closure is based on the amount of time of when waste was last placed into a cell. The longer there is not a closure, settlement will start occurring and anytime waste is placed into a site the clock restarts. It is a trade off with increased leachate generation which has an expense associated with it. Also, with moving into the new federal regulation with landfill gas emissions starting December 2021, surface emissions will have to be monitored. It befits getting the cells capped and closed. There will not be a need to continue operations in the northern part while developing 9 and 10A. There is funding in the upcoming fiscal year for cell closure projects. In response to additional Board questions, Director Suleyman stated that he has seen a tapering off of tonnage as the storm damage has tapered off significantly. What is being seen now is tonnage from new construction and more people moving into the area. Increasing the equipment and ability to do the construction debris sorting would provide capacity relief, but not to the extent seen with the initial investment. It recognized that the equipment is sitting in an area that will sooner or later become a landfill cell and he is hesitant to commit to what is thought to be a permanent solution when the equipment will have to be removed in the next five to ten years. Hearing no further discussion, Chairman Barfield asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to approve budget amendment 20-003 to transfer funds from the Northern Property Closure capital project fund to the Southern Property Construction capital project fund, and adopt a resolution authorizing the award of the contract for cells 9 and 10A construction to ES&J Enterprises, Inc., at a cost of $4,317,314. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of budget amendment 20-003 and the resolution are hereby incorporated as part of the minutes and are contained in Exhibit Book XLI, Page 35.7. ADOPTION OF BUDGET AMENDMENT 20-015 TO ACCEPT A $2 MILLION NORTH CAROLINA DISASTER RECOVERY ACT (DRA) GRANT AWARD, A RESOLUTION ESTABLISHING FORMAL DRA POLICY GUIDELINES, AND A DRA-SPECIFIC PROCUREMENT/CONTRACT AWARD POLICY Emergency Management Assistant Director Anna McRay stated the Board is being requested to authorize the County to accept North Carolina Disaster Recovery Act funding made available in response to the efforts of Hurricane Florence, adopt a resolution to establish formal policy guidelines for the provision of DRA housing assistance benefits and authorize and direct the County Manager to execute a Memorandum of Agreement, and adopt the North Carolina DRA procurement/contract award policy and to authorize and direct the County Manager NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 384 to approve and execute all related professional services, procurement, housing rehabilitation, housing elevation, replacement housing, and demolition contracts. In response to Board questions, Assistant Director McRay stated there is a requirement for multiple bids for the work. The policy will engage contractors through the established procurement process following the established request for proposal and bidding processes. As outlined in the policy, partners will be able to ensure that bids and contract awards are focused on quality work performance and ability for the contractors to complete the work themselves within the grant allocation period. As to the “red tape” steps that have to be taken that are associated with the grant, it is the understanding of Assistant Director McRay that many partners are engaged in the process. For example, the County’s Office of Strategy has been closely working with the New Hanover Disaster Coalition’s Case Management and Construction Committees, along with the contractor Holland and Associates to develop a list of eligible applicants. These groups are made up of several different local partners that are already engaged in day to day case management and being able to leverage with partners such as the United Way, Salvation Army, Catholic Charities, and many local faith-based groups. These groups have a very clear picture of the gaps for some of the households that will be receiving assistance and their knowledge has been much appreciated in prioritizing the lists. Hearing no further discussion, Chairman Barfield asked for direction from the Board. Motion: Commissioner White MOVED, SECONDED by Commissioner Zapple, to 1) adopt the ordinance for budget amendment 20-015 to accept funds; 2) adopt a resolution establishing formal county policy guidelines for the provision of DRA, housing assistance benefits and authorizing and directing the County Manager to execute the related MOU; and 3) adopt the county NC DRA Procurement and Contract Award Policy and authorize and direct the County Manager to approve and execute all related professional services procurement, housing rehabilitation, housing elevation, replacement housing, and demolition contracts. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of budget amendment 20-015 and the resolutions are hereby incorporated as part of the minutes and are contained in Exhibit Book XLI, Page 35.8. PUBLIC HEARING AND ADOPTION OF BUDGET AMENDMENT TO MAKE PAYMENT TO NATIONAL GYPSUM FOR ECONOMIC INCENTIVE Chairman Barfield opened the public hearing and stated that no one signed up to speak in favor or in opposition to the matter. The public hearing is to receive comments on appropriations and expenditures for economic development and economic incentive agreements. The source of funding for the incentive agreement will be from the General Fund of the County. The purposes of economic development and economic incentive agreements are to increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects for New Hanover County. On April 2, 2018, the Board approved awarding an economic development incentive to National Gypsum to re-open its Wilmington plant. The incentive was a partnership with the City of Wilmington with New Hanover County providing up to $350,000 over five years and the City of Wilmington providing up to $230,000 over five years. To receive the full incentive, National Gypsum was required to invest $25,000,000 in taxable property, add 51 full-time equivalents with an average salary at or above $57,000, and meet environmental requirements. Because National Gypsum had not notified New Hanover County it had met incentive requirements during the annual budget process, its incentive payment was not included in the public hearing held on June 3, 2019. To make the incentive payment due to National Gypsum now that it has met all requirements, the Board must hold a public hearing on the incentive payment and approve a budget amendment for the payment of $53,517. No additional fund balance is requested to be utilized. He invited Chief Financial Officer Lisa Wurtzbacher to make the presentation. Chief Financial Officer Wurtzbacher stated that the economic development incentive was approved in April 2018 and National Gypsum was required to invest $25 million and provide 51 full-time jobs. Their performance so far has been a taxable investment of $13.2 million comprised mostly of machinery and equipment in the plant and the addition of 63 jobs. All of the taxable investment has not been made to this point, so there is an expectation of a larger payment in the future years of this agreement. The current investment in taxable property and jobs does entitle National Gypsum to an incentive payment of $53,517. The public hearing on annual incentive payments was held on June 3, 2019 as a part of the normal budget process and notification from National Gypsum was not received th until June 25, which is why the payment was not a part of that hearing. This request is to approve a budget amendment moving funds from general government to economic development to make the payment. National Gypsum has also met the environmental reporting requirements and is in compliance. Hearing no further discussion, Chairman Barfield closed the public hearing and asked for direction from the Board. Motion: Commissioner Kusek MOVED, SECONDED by Vice-Chairwoman Olson-Boseman, to approve the economic development appropriation for National Gypsum in the amount of $53,517 through the adoption of budget amendment 20-014. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of budget amendment 20-014 is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 35.9. PUBLIC HEARING AND TABLING FOR NINETY (90) DAYS OF A REQUEST BY TRIBUTE COMPANIES ON BEHALF OF THE PROPERTY OWNER, COSWALD, LLC, FOR A SPECIAL USE PERMIT TO DEVELOP RESIDENTIAL USES WITHIN A NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 385 COMMERCIAL DISTRICT ON APPROXIMATELY 15.6 ACRES OF LAND LOCATED IN THE 200 BLOCK OF LENDIRE ROAD, NEAR THE 7200 BLOCK OF MARKET STREET (S19-02) Chairman Barfield opened the public hearing and announced that the special use process requires a quasi- judicial hearing; therefore, the Clerk to the Board must swear in any person wishing to testify. He requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. The following persons were sworn in: Wayne Clark Matthew Nichols Alex D. Stewart Ron Meredith Mark Maynard, Jr. Madi Lee Brad Schuler Josh Mihaly Cynthia Boulay Gideon Smith Tim Clinkscales Wayne Jeffcourt Ken Vafier Dan Cumbo Larry Hobbs Ernie Olds Tim Lowe Margaret Desgrangos Amy Kimes Cal Morgan Andy Wood Jim Iannucci Anthony Law Besty Albright Chairman Barfield further stated that a presentation will be heard from staff and then the applicant group and the opponents group will each be allowed fifteen minutes for presentations and an additional five minutes, if necessary, for rebuttal. He then asked Senior Planner Brad Schuler to start the presentation. Senior Planner Brad Schuler presented the request by Tribute Companies on behalf of the property owner, Coswald, LLC, for a Special Use Permit (SUP) to develop residential uses within a commercial district on approximately 15.6 acres of land located in the 200 block of Lendire Road, near the 7200 Block of Market Street. The Zoning Ordinance allows for dwelling units to be permitted in a commercial zoning district with a SUP provided the units are part of a mixed-use development. When this type of application is utilized, it limits the allowable uses within the commercial portion of the project from those that are permitted in the B-1 zoning district. The B-1 district permits traditional commercial uses like restaurants, offices, and retail establishments. The heavy commercial and light industrial type uses allowed in the B-2 district are prohibited under this type of application, even though the site is zoned B-2. The property is located within the Ogden commercial node which is made up of mostly B-2 zoning. Directly west of the site is the Jacobs Ridge subdivision which is zoned R-10. The site consists of 15.6 acres and is currently part of a larger parcel, which is approximately 30 acres in size. All of which is currently undeveloped. The site abuts Lendire Road. This is a road that the North Carolina Department of Transportation (NCDOT) has recently taken ownership of from Market Street to the future Military Cutoff extension. NCDOT has also in the last couple of years, realigned the road so that it directly connects to the signalized intersection at Market Street and Middle Sound Loop Road. With the realignment of the road, NCDOT also made pavement and striping improvements from Market Street to the driveway serving the Ogden Business Park. There have been concerns presented to NCDOT regarding the lack of maintenance of Lendire Road west of the site. Again, this is a road that was privately maintained until NCDOT took it over this past year. NCDOT has heard those concerns and is currently looking into performing some maintenance of the road in the next couple months. Specifically, the maintenance would include installing striping and shoulders to the road of about two to four feet in width. NCDOT is also preparing to resurface the road in conjunction with the Military Cutoff extension project. The proposed development will consist of up to 288 dwelling units located within apartment and mixed use buildings. The mixed use buildings will be located on the southern portion of the site close to Lendire Road. They will consist of a total of 24 residential units and about 7,500 square feet of commercial building space. The apartment buildings will consist of 264 units. The leasing office for the apartments will be located within the amenity building in the center of the site next to the proposed swimming pool. As the subject site is zoned B-2, the western boundary, adjacent the Jacob’s Ridge subdivision, is subject to an increased building setback and bufferyard requirements. The bufferyard will be approximately 50-feet in width and must provide an opaque screen. In response to concerns presented to the applicant at a community meeting they held for the project, the applicant is proposing to install a six-foot-tall solid wood fence within this bufferyard. Stormwater management facilities are proposed along Lendire Road in the southern portion of the site. The applicant is proposing to design these facilities to handle up to a 100- year storm event, which is about ten inches of rain over a 24-hour period. This exceeds the County’s requirement of designing the stormwater facilities to a handle a 25-year storm, which is about eight inches of rain in the same time period. According to the applicant, all runoff of the site will be conveyed to the proposed stormwater facility. The site is located at the apex of three watersheds (Smith Creek, Pages Creek, and Howe Creek). In these situations, properties may flow to either of the creeks depending on how the stormwater infrastructure was installed with the area’s development. Although the site was initially thought to drain to Smith Creek, the County Engineering Department conducted more detailed analysis of the drainage plans for existing development in the area. These plans indicated the downstream outfall heads south, crossing Market Street on the southern side of the Publix shopping center, and then south to Howe Creek. This will also be required to be confirmed by the design engineer during the Technical Review Committee process of reviewing the proposal’s site plan. The applicant has agreed to three conditions: 1.The project’s stormwater facilities will exceed the County’s requirements and be designed to handle a 100-year storm. 2.A six-foot-tall fence will be installed within the bufferyard along the Jacobs Ridge neighborhood. 3.Proposed and agreed to install a 10-foot multi-use path along the frontage of the property and have it extended south along Lendire Road so that it will connect to the future multi-use path that will be installed by NCDOT as part of the Military Cutoff extension project. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 386 In regard to transportation, the applicant is estimating that the site would support about 116,000 square feet of shopping center related uses, which is a more conservative estimate than what staff uses. Staff’s general rule is that a commercial development typically consists about 25 percent of the site for buildings. It is estimated a development of this intensity would generate about 500 trips during the peak hours. The proposed mixed use project would generate less than 200 trips during the peak hours, which would result in a decrease of trips from what could be generated by the site if it was to be developed as a traditional commercial development. The applicant did complete a traffic impact analysis (TIA) which has been approved by NCDOT and the Wilmington Metropolitan Planning Organization (WMPO). The TIA analyzed the level of service (LOS) in vehicle delay in seconds at notable intersections in the area including at Market Street and Lendire Road. According to the TIA, the proposed use will slightly increase the time it takes for vehicles to get through this intersection, but it will not reduce the overall LOS of the intersection. The TIA does require that a new right turn lane be installed on Lendire Road at the site’s access. As for the area, there are two major NCDOT projects currently being constructed. The Military Cutoff extension project will extend the road from Market Street to I-140 and install pedestrian access ways along the extension and in the area. Construction is expected to be completed in early 2023. As part of the project, Putman Drive, Lendire Road, and Torchwood Boulevard will all connect to the future extension. This will assist in creating a grid pattern of collector roads that will help disperse traffic by giving people more routes to get from point a to point b and hopefully reduce some of the congestion on Market Street. The project will make improvements to the intersection of Lendire Road and Market Street, including the installation of a new right turn lane on Lendire Road, so that there will be two (“dual”) rights to head south on Market Street. Also, a multi-use path and signalized crosswalks will be installed at the intersection. In addition, the Market Street Median project is under construction. This project will install a center median and pedestrian accessways on Market Street from Middle Sound Loop Road to Marsh Oaks Drive. The pedestrian pathways will consist of 10-foot multi-use path on the eastern side of the road and a five-foot sidewalk on the western side of the road. This project is also expected to be completed in early 2023. There have been three other projects that have completed TIAs in the last five years. Details of these projects are summarized in the staff report. Mr. Schuler reiterated that the subject site located within the Ogden commercial node contains a number of retail and restaurant businesses. With the proposed improvements planned for this area, including the pedestrian pathways, it will allow the residents of the project and of the Ogden area to walk or take a short car ride to everyday services. This is one of the main objectives of both the County’s Comprehensive Plan and Strategic Plan. Both promote mixed-used, complete communities that allow residents to have convenient access to basic goods and services. This will help reduce the congestion on our roadways by decreasing the amount of time people need to be in their car. The subject site is classified as Urban Mixed Use in the 2016 Comprehensive Plan, which promotes a mixture of high density residential and commercial development. Specifically, this place type promotes the highest densities in the County. The proposed mixed use development is generally consistent with the types and intensity of uses intended for this area. It provides an orderly transition of uses, and contributes to the range of housing types available in the Ogden community. As this is a SUP matter, the Board must make the four following conclusions to approve the request: 1.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. 2.The use meets all required conditions and specifications of the Zoning Ordinance. 3.The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. 4.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 Comprehensive Land Use Plan for New Hanover County. These conclusions must be based on substantial and competent evidence presented at this hearing. Staff has provided preliminary findings in the staff report, however, the Board does have the discretion to add to or modify these findings based on substantial evidence provided during this meeting. The Planning Board considered this application at the October 3, 2019 meeting and recommended approval of the application (6-0) with the following conditions: 1.The project’s stormwater facilities must be designed to accommodate a 100-year storm event. 2.A six-foot-tall solid wood fence shall be installed within the bufferyard located along the northwestern property line which abuts the Jacobs Ridge neighborhood. 3.As proposed and agreed to by the applicant, a 10-foot multi-use path shall be installed along the site’s frontage on Lendire Road and be extended south along the road so that it would connect to the future multi-use path to be installed by NCDOT near Ogden Business Lane as part of the Military Cutoff extension project (U-4751). Installation of the multi-use path shall be coordinated with the County and NCDOT and be constructed in accordance with NCDOT’s standards. The applicant is not required to obtain additional right-of-way in order for the multi-use path to be extended to the future multi-use path to be installed by NCDOT near Ogden Business Lane. Please see Exhibit 1 for the approximate location of the path to be installed with the development. Chairman Barfield asked Mr. Schuler if Lendire Road was in need of repair in the last five years or so. Mr. Schuler responded that it was a road that has had some maintenance issues in the past years. He believes NCDOT has recently taken it over and in the past year patched up some potholes. NCDOT also realigned it so the first portion NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 387 of the road has been improved and they are aware of the current maintenance issues that need to take place on the road. The plan is within the next couple of months to add striping to the road and do shoulder work. Chairman Barfield thanked Mr. Schuler for his presentation and invited the petitioner to make remarks. Matthew A. Nichols, attorney representing Tribute Companies on behalf of the property owner, Coswald, LLC stated this SUP request presents a great opportunity for the County. This is an opportunity for the County to evaluate a specific development proposal under the County ordinances and 2016 Comprehensive Plan and more importantly, an opportunity for this Board to consider and place conditions on any development approval to help assure the community concerns are addressed. The site consists of approximately 15.6 acres and the larger site is approximately 30 acres. Currently, the entire site is zoned general B-2. In other words, it is B-2 without any conditions. Currently, a developer could by-right develop the property in a fairly intense commercial manner, and a much more intense manner than what is being proposed under this SUP. Any by-right development would not be presented to nor considered by this Board, there would not have a Planning Board hearing and recommendation, there would likely not be a community meeting, and likely would not be any public hearings to speak of. There is a real need for a transition from unconditional B-2 zoning and the immediate adjacent R-10 single family district. At the community meeting, he and the applicant heard a number of comments and concerns related to stormwater management, traffic impacts, protection of the single family neighborhood, and the overall tree protection in Ogden. It is understood that some of the concerns date back fourteen years when a national big box retailer was proposing a commercial development on the site. There are legitimate concerns in this area. He and the applicant have addressed these concerns as they may relate to this particular parcel in a positive way through the design and conditions being proposed. The proposed project will provide a transition from the Market Street B-2 commercial uses to the residential single family to the west. Some examples of by-right B-2 uses include a number of things that would certainly be more intense and have a much more significant impact on the built upon area and the surrounding area: Big Box Retail Hotels and Motels Strip Mall Style Shopping Center Boat Dealers Automobile Dealers and Truck Sales Gas Station Automobile/Boat Repair Sales Car Wash General Building Contractor Mobile Home Dealers Demolition-Landscape Landfill Septic Tank Vacuum Service Bars and Cabarets Drive-In Theater Dry Stack Boat Storage Equipment Rental and Leasing As the Board considers the evidence during this meeting, it will hear from the applicant’s development team about the numerous planning benefits and features of the proposal. As the Board considers and weighs the evidence Mr. Nichols asked that the Board consider essentially what is better: unrestricted B-2 uses or the SUP proposal, which under the SUP the applicant is restricted to B-1 uses and residential uses: B-2 Development of ±15 acres Special Use Permit Request: Unrestricted B-2 uses or Restricted to residential and B-1 uses Unconditional B-2 or Conditions through SUP process Minimum stormwater requirements or 100-year event stormwater design B-2 Highway Business impacts or Approx. 2/3 less traffic than general B-2 development R-10 Residential adjacent to B-2 uses or Transition between R-10 Residential and B-2 uses Mr. Nichols then asked John Mihaly with Mihaly Land Design, PLLC to present information regarding the site design. Mr. Mihaly stated the entrance off of Lendire has been pushed and there will be a deceleration lane to the west side of the site. As one is entering, a person will be greeted by an approximately acre and a half stormwater pond and it is felt this will be a good transition between the road and the project. Also upon entering, there will be a mixed use building which will contain four studio apartments and a little over 2,000 square feet of commercial. Further back there will be another mixed use building and parking, which will be 21-bedroom studio apartments and 5,300 square feet of commercial. As one comes into it there is a roundabout, which will be traffic calming device with a large village green, amenity building with a pool, and a large plaza for vehicular use. The buildings will be oriented around the plaza and village green, and numerous amount of trees will be planted on the site. The remaining buildings will be 24-unit apartment buildings that will be three stories and no more than 35-feet in height. To the west side there will be a large buffer, which will be approximately 96-feet from the property line to the buildings on the western side of the property. There will be an approximately 48-foot wide buffer that again will be planted with large trees, a six-foot tall fence. Effort was made to contain the buildings on the center of the site to eliminate impacts on the adjacent properties. The plan is to plant the property with well over 100 live oak trees. Currently, there are no trees on the site. This is an opportunity to create a village type feel and create a vehicular movement through the site, parks, and open spaces that people can use. This site will no doubt be developed and the site history is known and it is known what could go there. Mr. Mihaly feels this is an opportunity to place a great project in a great location. It is a great transition from the higher density developments along Market Street and the Jacobs Ridge project to the west. It creates a walkable community, close to shops (coffee shops, grocery stores, Ogden Park, restaurants, hardware stores), and this is what the Ogden center needs. It needs a place like this to promote walkability to the businesses instead of many of the other things that go in a B-2 development. Mr. Mihaly then asked the civil engineer to step forward to discuss the stormwater for the project. Tim Clinkscales, Resident Engineer for Paramounte Engineering, stated that it is understood stormwater is one of the major concerns of the community, the Board, and the developer. As stated earlier in the presentation, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 388 the applicant has agreed to handle the 100-year, pre-post which would mean that all storms less than a hundred- year event will have less stormwater leaving the site than it would be today under undeveloped conditions. If doing by-right B-2 zoning, as stated by Mr. Nichols, there would not have to be any conditions labeled to the plan and that would yield a 67 percent increase in stormwater runoff compared to proposed SUP, which is significant more runoff being held on this site because of those conditions. They are showing the base to be 60 percent larger than required by the North Carolina Department of Environmental Quality and the County. With this size stormwater pond, the downstream pipes and the ditches will not be adversely effected by this development. This pond size allows them to control the rate of stormwater runoff leaving the site based on the conditions the applicant has placed on it. There is also an understanding that water quality is an issue in this basin and there will be bio-retention placed in the swells along the western buffer and inside the development to handle such. The other issue in the community meeting was stormwater across Market Street near the project and where the stormwater currently goes. This project is showing the stormwater leaving the site along Lendire, so any concern of going across Market Street along the project’s frontage, all stormwater for the whole 30 acres will be handled by the ponds to meet the one-hundred-year event. This proposal is meeting the 100-year event which he thinks is greater than any project that has come before the Board. Dan Cumbo, engineer with Davenport, stated that his firm prepared the TIA for this project. He presented the by-right use analysis and proposed use analysis: By-Right Use: Proposed Use: With the comparison of these numbers, the peak hours in the mornings and afternoons are as follows: Summary Table of Trip Generation Comparison: Use AM Peak Traffic Volumes PM Peak Traffic Volumes Daily Traffic Volumes Proposed 71% less traffic 65% less traffic ~ 2/3 less traffic By Right 3.5 times more traffic 2.8 times more traffic ~ 3 times more traffic Mr. Nichols stated that in the interest of time and he thinks Mr. Schuler has covered it well, but his client has agreed as a condition to extend the multi-use path to tie into the NCDOT project, which is significant to note. As to the SUP criteria: 1.The use will not materially endanger the public health or safety if located where proposed and approved:  Significantly less traffic than B-2 by-right development  100-year storm design 2.The use meets all required conditions and specifications of the Zoning Ordinance:  Sec. 72-38 Residential Uses within Commercial District NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 389 Mr. Nichols asked Mr. Morgan to step forward to address the third criteria: 3. The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity. Cal Morgan, a North Carolina certified general real estate appraiser with MAI and SRA designations awarded by the Appraisal Institute, stated that in the effort to conserve time, he would state his findings that based on the research, it is his opinion that this project will not harm or damage property values of adjoining or abutting properties. Mr. Nichols stated that as to the fourth condition (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 New Hanover County Comprehensive Land Use Plan), he would refer to the Planning Board’s unanimous recommendation of approval and also the items in the staff report. This project is in the Urban Mixed Use place type as mentioned by Mr. Schuler. This is the type of project that is what is called for in that place type. The densities and types of uses are what he would contend are exactly what the Comprehensive Land Use Plan would call for in this area. From the staff report as far as the horizontal mixed use, it shows not only how the project would tie in well with the existing commercial, but it also shows how, back to his original point, a buffer or transition is needed between the commercial and the existing single-family residential. Mr. Nichols concluded the presentation stating that the proposed SUP addresses a number of concerns they heard and also a number of the concerns that are addressed in the Comprehensive Plan:  Population Growth – Provides more housing options  Traffic – Project generates approximately 2/3 less traffic than general B-2 by-right development  Stormwater – Designed for 100-year storm event instead of County required 25-year storm event  Protection of neighborhood character – Offers excellent transition between adjacent R-10 single-family development and current B-2 zoning  Walkability – Mixed use project puts residences within ½ mile walking distance of many commercial uses and provides multi-use path  Live Oak Protection – Project removes no live oaks and plants at least 100 live oaks (two-inch caliper) Chairman Barfield stated that Mr. Nichols’ time was up and that that there are speakers in opposition to the request and no one signed up to speak in favor of the request. He invited the speakers in opposition to step forward. Cynthia Boulay, resident of Konlack Court, stated she is here representing many residents of Ogden, including but not limited to Jacobs Ridge, Palm Grove, Glen Ridge, Bright Leaf, Wendover North and Newberry Woods. She would like to introduce into evidence documents to support the first of the four findings of fact regarding safety concerns, which also speaks to their quality of life. Within the exhibits of the minutes of the County Commissioners meeting dated 11/7/2005, will be found a resolution that states “this segment of Market Street is highly congested with traffic movements already failing at many locations and that New Hanover County recognizes the importance of protecting our water quality and environmental resources in order to maintain and enhance the County’s diverse and ecologically important natural systems.” Also attached to the resolution are two letters from Dexter Hayes, County Manager, Board of County Commissioners. These letters speak to the importance of maintaining the County’s diverse and ecological important natural systems as well as to provide open space and the approval of any large traffic generator at this location should be delayed until the completion of the Military Cutoff extension. The project being proposed states that a reduction in traffic from what a B-2 project would bring has not taken into account the opening of the Ogden Starbucks, the routing of traffic from Torchwood to Lendire, and the breakthrough of Lendire connecting to Brittany Lakes Drive. The traffic study, which was incomplete and misleading, th was done on April 24 of this year prior to all of those events. The traffic study also does not tell what the impact will be when the bypass is completed. As seen from the summary table presented, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 390 there would be less traffic than a B-2 right of way, however items to be built on this parcel have not been allowed to be made, such as the Ogden Walmart, because of the traffic and ecological impact. Lendire is set to become a feeder road into the Military Cutoff extension, which means that the residents of Middle Sound Loop Road would then have a direct path to the by-pass by way of Lendire. They are concerned about the construction traffic as well and want to know what the plans are for the construction traffic. They would like to ask for construction traffic to be prohibited during the peak hours in the a.m. and p.m. Lendire Road is currently 19 feet 6-inches wide between the parcel and Vespar Court with no shoulders or sidewalks at the SUP sign. Further down at Lendire and Ogden Business Park Drive, it is 22-feet wide also with no shoulders or sidewalks. The road is currently crumbling at the sides and it cannot accommodate the heavy construction traffic. Most HOAs in the area have contracted their trash pickups to only come on one day per week and to do all of the neighborhoods in one day to mitigate the wear and tear on the roads. The current Board’s predecessors have had the wisdom and foresight to see and understand the implications of developing this parcel. How we handle the infrastructure needs will lay down the path for smart future growth. The residents are not against the development of the parcel. They simply want it to be done safely and responsibly. The current volume of traffic on Lendire has caused it to be unsafe at the present time. Ms. Boulay then showed a video of the condition of Lendire. She went on to state that the current volume is unsafe at the present time. This road is dangerous for pedestrians and bike riders alike. Asking children to wait for the school bus is also a public safety issue. A child was hit this morning while crossing the street to get to a school bus. Who will take responsibility if and when a child is injured on this road? If you have a child or grandchild would you allow them to walk, bike or travel in this area? She lives there and she does not. The residents are also concerned about the environment. It is essential they are responsible. Their neighborhoods are under assault by natural and manmade factors. It is up to them about being vigilant about protecting it and it is about the Board supporting them and being responsible in its decisions. The current definition of a 100-year event has happened multiple times in recent years. It is happening at a much more frequent rate than in the past. Multiple residents have had to move off of their properties for over a year after storm events due to flooding. There is currently no stormwater impact analysis that has been done that will ensure a future event doesn’t completely destroy their properties. Obviously a flooded house is not a house that has the same value prior to flooding. How is the historical movement of water on this parcel that would naturally flow out onto the property going to be handled? Is that currently in the stormwater plan? Until there is a study, nothing should be added to worsen their problems. The existing problems must be fixed before they are compounded with new development. Ms. Boulay showed another video of the flooding issues and where the water flows. Ms. Boulay stated the residents would also like to briefly address the fourth finding of fact that the structure is not in harmony with the surrounding area. According to section four, expert testimony, lay persons may also credibly testify to evidence that they have personally witnessed. The houses in her neighborhood are currently one- story high. There are buildings in some neighborhoods that are two-stories high. When driving through, it is a seamless transition from one story to two. What the applicant is asking for is three-story buildings to be built in the backyards of the one-story buildings. They will be able to be seen in the privacy of their backyards surrounded by the privacy fence by the residents of those apartments. New Hanover County’s mission statement proclaims the County is concerned with meeting needs and concerns of its citizens today and tomorrow. She is asking the Board today to protect their tomorrow. Even the motto states effective county management, the model of good governance. They are asking that the Board delay the project until the infrastructure can support the increase in population safely and responsibly, for Lendire to be widened and made safer, for Military Cutoff extension to be completed, the Market Street widening project to also be completed, and to wait until the County’s stormwater runoff maps are updated and completed before the stormwater impact analysis is run for the entire parcel surrounding impacted areas. The light for development has been green for far too long. This meeting is the yellow and they need the Board to please let it go red. Wayne Jeffcoat, resident of Smallwood Court, stated he is not here to discuss the building or aesthetics. He is here to speak about watersheds, flooding and roads and transitions happening today, yesterday, and last year. He wants the Board to understand that these roads flood during a regular rain. He showed pictures of his neighborhood from July 2018 prior to Hurricane Florence hitting and explained where the flooding occurs during a normal rain event and how the roads looked seven hours after Hurricane Florence. They cannot leave their homes every time it rains. He needs the Board to consider what they go through on a daily basis with rain events. The drainage areas and Smith Creek need to be fixed to get the water out of the neighborhoods. He wants to see the roads and infrastructure put in place first, and when that is done, he will support whatever building the applicant wants to do. Again, he will support anything they want to do, but not until these things are met. It’s the safety of the children that live there. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 391 The infrastructure needs to be put into place on Lendire, Putnam, and Torchwood and let NCDOT do the work. He does not think it will happen in two months, but maybe in two or three years. The water happens every time there is a rain event. The County Engineer Jim Iannucci and Jeremy May also in County Engineering know about it. NCDOT and Cape Fear Public Utility Authority know about it. He has worked with them when sitting on the HOA board for his neighborhood and the US Army Corps of Engineers to get the water to move. It has been choked down from the head of the Smith Creek that goes all the way to the airport. He also wants the Board to take into consideration the tidal waters that exist with Howe Creek, Pages Creek and Smith Creek. If there is a high tide and a significant amount of rain, it will impede the water getting out. They have people that need to trust the Board to do the right thing. Larry Hobbs, resident of Smallwood Court, stated that doing nothing is not an option. This has been discussed since Hurricane Florence and even before. Doing nothing is not an option. The applicant says they have met all four requirements. Requirements in his opinion, and based on the research he has done, some of which are obsolete and some are not relative to what is going on in the County today. A classic example is if we do not take this, someone else will come in to the site and do anything they want to, so we should really be thankful that we are having this discussion which is the message he keeps getting. His point is that the applicant has met the requirements of the four items they have to meet. What he wants the Board to really think about is just because it’s legal, does not make it right. Chairman Barfield stated that the speaking time was up for the opposition speakers and their evidence could be given to the Clerk to the Board, and that at this time the petitioner would be given five minutes for rebuttal statements. In rebuttal, Mr. Nichols stated he and the applicant do want to address the stormwater concerns and Mr. Clinkscales will speak to that concern. He would like the staff report, TIA, and Mr. Morgan’s report moved into evidence. His client has agreed to put as a condition to plant the 100 live oak trees at a two-inch caliper and that can be a condition of the approval. Regarding the 2005 letter and resolution, the concerns in the SUP are addressing those items raised in the 2005 letter. In looking at what was said in the letter, Mr. Hayes was concerned about the wetlands on the front portion of the property and having the entrance over the wetlands. This project does not include the front portion of the property. It concerns the 15.6 acres on the western half of the property so there are no wetland impacts. Next, there was a concern with the roadway conditions. The Lendire and Middle Sound Loop intersection has been realigned and there has been significant improvements to that intersection over time. His client is installing the multi-use path. Under a by-right development, which is in the TIA, on a two-way, 24-hour analysis would yield roughly 9,236 trips. Mr. Hayes is talking about a concern with a major traffic generator and he put that around 7,000 or 8,000 trips. That is a concern. Under the SUP, the projected 24-hour traffic is 1,833 trips. That is significantly less than even the numbers Mr. Hayes was talking about in 2005. Again, by approving this SUP the Board is assuring that the development proposed will go in and he thinks it is entirely consistent and harmonious with the area, and is going to have a lesser impact than someone can do under the B-2 today. Denying the SUP, there is not a moratorium on the property, or postponing it does not stop someone from going out, if this project does not get developed, and putting a big box retailer there under the current zoning. If anything, the 2005 letter and resolution is highlighting why the SUP is so beneficial on this particular property at this time. Mr. Hayes also talked about the concern was there was no way to have a public hearing because it was a B-2, by-right development of a proposed big box retailer. This is his and his client’s second public hearing, they have held a community meeting, and they are asking for this development approval to be considered and approved with conditions. There is a public hearing process with this and the ability for this Board to put conditions on this development. He then asked Mr. Clinkscales to address the stormwater concerns. Mr. Clinkscales stated that they understand the concerns of the community and want to address some of their questions. As to the isolated wetlands/wetlands on the site, it was assumed in the calculations that would be developed, so if it is not developed it would be better than a hundred-year event. Their impervious calculation on the site is around 55 percent. Usually with commercial it is at least 70 to 75 percent, so they are plus or minus 20 percent less impervious for this type of use. As to the concerns about Smith Creek and the watersheds, based on County Engineering and observation, their outfalls go across Market Street to the south of the Publix between the Pizza Hut and Auto Zone. There is a ditch that goes behind the Publix and also a single-family neighborhood and is a significant size ditch. As to open space, they are suggesting up to 25 percent open space including the one hundred trees. In a B-2 zoning, there is no requirement for open space except for islands. This project will have a significant amount of more open space. The flooding, again, is a huge concern but a lot of the flooding was upstream of this site. Chairman Barfield stated that the applicant’s rebuttal time was up. He then stated that the speakers in opposition would have five minutes to provide rebuttal remarks. In rebuttal, Mr. Jeffcoat stated that in looking to the right of the KOA campground site, the outfall is a wetland area that goes out to the right and behind Palm Grove to Torchwood Boulevard, which goes back to Smith Creek. He showed on a map what area may dry out and what will flood near the campground. He works with hydrologists and engineers every day and knows the parcel in depth. He disputes that the water will not outfall in the area he is showing on the map and it will go back into their neighborhoods. The water will not stay in the one- hundred-year flood retention pond. The current retention ponds are cresting after any summer rain at any time. What the applicant is saying is that they do not know. He is a victim of flooding and knows where the water goes. He will rebut that it will flood again until the infrastructure is put in. Margaret Degrangos, resident of Hern Way, stated that her concern other than the flooding and the traffic is the safety of their homes. They will lose value because of all this and the apartments being built, not to mention NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 392 the safety of the children playing outside. The applicant will have a six-foot fence. The residents have that now and it is not doing any good. There is a rapist going around the neighborhood and two incidents have occurred in the last week and the person has not been caught yet. The residents worry about that and letting their dogs out, that is another safety issue. There is nothing they can do about it and at the Planning Board meeting the residents were told their opinions do not count. There is no vote for the residents, so why are they are wasting their time here. Andy Wood, resident of Futch Creek Road, deferred his time. Betsy Albright, resident of Bloomington Lane, stated that she would like personal clarity on the developer saying the water would flow behind Bojangles then across Market Street and then would go towards the ditch behind Publix. That ditch behind Publix flooded and the road failed over in the Pizza Hut side of the shopping center and washed out. She is asking the developer and their engineers will it fail even more so if this goes through. Chairman Board closed the public hearing and opened the floor to Board discussion. Commissioner White asked Mr. Schuler whether or not there was a public hearing in 2005 for the Walmart. Mr. Schuler stated he believes the minutes were passed out. It was not a public hearing for whether or not to approve or deny a Walmart from his understanding. Commissioner White asked if it was a for-right, why didn’t the Walmart get built and could Walmart come there tomorrow morning and build. Mr. Schuler stated yes. Commissioner White asked if anyone knows why it did not happen fourteen years ago. He recalls the traffic concerns, and it was based on Mr. Hayes’ concerns about 7,000 or 8,000 trips per day and things like that. He is asking to develop the record here. He guesses if the traffic concerns area alleviated or dealt with differently now with the addition of other roadways that have come online since then, Walmart could have chosen that site instead of 2.4 miles north, and asked if that was correct. What he has heard, if nothing is done, and the current owners choose to use that property, it will be used in a less beneficial way causing more traffic and worse stormwater runoff, the very things the opponents have justifiably cited tonight in opposition to a plan that improves those two things. That is what he is missing. He asked if someone could make any comments about that, because what he heard the petitioner say is if you let me develop the property, the stormwater will be better than it is presently and the traffic will be less than it is presently. He is asking staff and Planning and Land Use Director Wayne Clark about this and it is what he heard the petitioner say in the evidence he presented the stormwater would be better and traffic would be better than present zoning. Is that accurate or not accurate? Mr. Schuler responded that is accurate. Again the current standard of the B-2 district is that it would be developed to accommodate the twenty-five-year storm. Again, they have agreed to design their stormwater to the 100-year storm and then again a typical shopping center development that would be permitted in that district would generate about 500 trips in the peak hours. This proposal would generate less than 200 trips in the peak hour. Commissioner White stated that traffic impacts drop precipitously over 100 – 200 percent and stormwater management increases 75 percent. What he is confused about is why there is opposition to the petitioner’s request other than just doing nothing and not wanting anything there, which he understands in light of the evidence they presented. Those are the kinds of things he is thinking about as he is listening to his fellow Commissioners deliberate. Commissioner White further stated he went out to that area seven hours after Hurricane Florence and the next day in his boots and walked around the roads and got up past his waist in water. He watched it and saw it himself. He tried to help as many as he could and may have seen some who are attending tonight out there. In no way do any of the Commissioners not understand the stormwater concerns. The County just received approval for a $4 million grant and he thinks the money is in route and plans are in place to start this infrastructure and the opposition’s points about delaying a year or two would make complete sense to him. He agrees with that, but is just not sure under the law that can be done. He is struggling with some optionality from the staff on addressing some of those concerns the residents have, but also understanding that this development does make it better on the concerns the residents have. It makes traffic less and helps stormwater runoff. Commissioner Kusek asked Mr. Schuler if she heard it correctly that the B-2 by-right would not require Planning Board approval, no public hearing, and no approval from this Board, so that in fact what is being discussed is that property owners could come in and do something that is much less appealing that what is being presented tonight. Mr. Schuler confirmed that was correct. Currently in zoning B-2, there are approximately 90 uses permitted by-right, which is only required to go through the County’s site plan review process which is where the technical standards of the ordinance are reviewed to see if the project meets the technical standards. If the project meets the technical standards, the developer is guaranteed the building permit for their development. Commissioner Zapple asked Mr. Schuler if there was another proposal on the property right now. Mr. Schuler responded there is not. He confirmed that if in the future another proposal is brought forward that is by- right it would go through the site plan review process through the Technical Review Committee (TRC). Commissioner Zapple asked if significant issues could be dealt with at that time or owners could be asked to make conditions better at the time. Mr. Schuler responded if it is a by-right proposal, as staff they cannot add regulations or conditions on the development. As long as it is shown they are meeting the current standards, they are guaranteed their building and development permits. Commissioner Zapple asked in regard to the traffic issues, if Mr. Schuler was aware of Market Street in that area what is the LOS. Mr. Schuler responded it is a “D” LOS overall on Market Street at Middle Sound Loop Road and Lendire Road. Commissioner Zapple asked if the reconfiguration of Torchwood Boulevard and the added traffic that it puts onto Lendire were taken into consideration with the traffic load on Lendire. Mr. Schuler stated Torchwood was not open at the time the counts were taken. According to the WMPO and NCDOT since this is a temporary situation, Torchwood will be reopened in November or December and it does not invalidate the TIA. Commissioner NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 393 Zapple asked if at this time it is not open. Mr. Schuler replied correct, but it will be open in November or December. Commissioner Zapple asked how wide Lendire is and Mr. Schuler replied it is approximately 20-feet in width. Commissioner Zapple if it was at modern NCDOT standards. Mr. Schuler replied it really varies and there are a lot of NCDOT roads that are at 18-feet in width and road widths can vary from 18-feet up to 32- or 34-feet. Commissioner Zapple asked if there is any stormwater drains, etc on Lendire. Mr. Schuler stated he believes there are some culverts underneath it but he would have to defer to the applicant. Commissioner Zapple asked if it was accurate that any water that flows off Lendire has a place to go other than a ditch on either side. Mr. Schuler stated he would have to defer to the applicant’s engineer. Commissioner Zapple asked if it was correct the way it is put out in the TIA the number of traffic a.m. and p.m. peaks, the way it is being laid out in this information here and he has heard it several times, it is put as opposing or in comparison to a project that does not exist. Mr. Schuler responded that staff looks at the net change from what could be developed on the site now versus what is being proposed. Commissioner Zapple asked how many cars would it be or additional trips this project would add. Mr. Schuler responded that approximately, again, it is 180 trips during the a.m. peak hour and 190 during the p.m. peak hour and overall it would be approximately 1,800 trips. A trip is someone entering or exiting the site. Commissioner Zapple asked if that was per day. Mr. Schuler stated that is over a 24-hour period. Commissioner Zapple asked if it was correct that the main intersection is the intersection of Market and Lendire. Mr. Schuler confirmed that was correct. Commissioner Zapple stated that 1,800 additional trips, because there is nothing there now, will have a significant impact on the intersection. Mr. Schuler stated that according to the TIA, it would be result in about a seven and a half second delay in 2021 in the a.m. peak and about a five second delay in the p.m. peak. That would be for 1,800 trips over a 24-hour period. The TIA is looking at the peak hours of the time of day when there are the most cars on the road. Commissioner Zapple stated there would be an additional 400-plus cars coming out of that site when it is fully built out and asked Mr. Schuler if he agreed. Mr. Schuler stated there are 1,800 trips and that is entering and exiting the site. Commissioner Zapple stated that with 288 apartments he is thinking somewhere in the neighborhood of 400-plus cars coming there. It could be higher than that, but he is trying to get to a point that can be agreed upon. Mr. Schuler stated that generally multi-family development is about six trips per day that would be generated as opposed to single-family which generates about ten trips per day. Commissioner Zapple stated he is talking about the number of physical cars that we have. Mr. Schuler stated he could only speak to what the TIA says. There are 1,800 trips that will be exiting and entering the site over a 24-hour period. Commissioner Zapple stated there would be 1,800 trips per day all using Lendire in the poor condition it is in. It has been said there will be improvements in the future, but what he did not hear was that there would be a widening of Lendire, only striping and resurfacing. Mr. Schuler stated that was correct. The TIA examined it and determined the improvement needed was the installation of a right turn lane on Lendire Road at the subject site’s access point. Commissioner Zapple asked about the school capacity in the area. He understands there is Blair and Eaton Elementary schools, and Holly Shelter and Laney High School in the area. He asked if there were stats available on overcrowding in those schools. Mr. Schuler stated that he does not have that information. The school board was contacted and it made no indication that they could not serve the children generated from the proposed development. Commissioner Zapple stated he knows they could serve it, but knows from previous hearings, there are overcrowding issues, certainly at Laney High School if not at the others, but we do not have the data. Mr. Schuler confirmed that was correct. Commissioner Zapple asked if he heard correctly that 15 acres are being developed that approximately 56 percent of that will be impervious coverage. Mr. Schuler confirmed that was correct. Commissioner Zapple asked if Mr. Schuler knew the price points of the apartments. Mr. Schuler stated that he would have to defer to the applicant. Chairman Barfield stated that he wants to make it known that the County team has engaged the community in looking at putting together a stormwater management utility program within the unincorporated parts of the County. There have been some public meetings and citizens were asked for their input in terms of being willing to pay for that as there are really no funds in the County budget at this time to fund such an endeavor. For those that live in unincorporated parts of the County, there will be a rate added to their tax bill annually to help cover the costs. What is understood from previous storms, Smith Creek in particular has been backed up with storm debris, trees, etc and probably will remain until there is significant funding, which means citizens in this community need to help fund this. There are folks it doesn't directly affect so they are not in favor of moving forward with this. There are those that are in favor of financially participating. He anticipates as the County moves forward with something in the relatively near future if things are in place maybe for the next budget season and then ramp up the Engineering Department with the right equipment and contracts in place, they could indeed go and clear the areas out so water will flow the way it should and there will not be the backing up. He thinks some of the backing up in the Ogden area was due to Smith Creek being blocked with debris. Unlike the City of Wilmington that has a stormwater management department that aggressively handles that, it's not been a function of county government for many years. The County budget he thinks has about $140,000 in it to help with some things, but not most things. He is not sure what the total would be anticipated in the budget, but he thinks it could make a big impact on what is being seen now. Commissioner Zapple asked if there is any accident data available for the intersection and any data for Lendire. Mr. Schuler responded no. Commissioner Zapple stated that one of the speakers stated there was an accident with a child on Lendire or Market Street in that area recently, and asked Mr. Schuler if he was aware of that and if there was any way to confirm that. Mr. Schuler stated he is not aware of it. Amy Kimes with the WMPO stated that the accident was in the morning news about a child being hit on Porters Neck Road which is north of this project. Commissioner White stated he would like to make everyone happy. It is always what you try to do when you vote on these things. It's impossible, though. You innately make one side happy and the other side mad. He guesses that's what a juror goes through in the box and they have heard evidence all day or week and whether or not a person is guilty or not guilty of the crime. You may sit in the box and think that guy looks guilty, I don't like the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 394 way he looks or acted, he's charged with a crime, and think he's probably guilty. When you hear the evidence that is put on, unless it fully satisfies and entirely convinces you, you can't find him guilty. That is a different burden of proof, we are kind of in a civil case were, but the analogy is the same. He would like to make everyone happy, he knows some of them, he has been out there, and he sees these problems. He just is not sure that he can see the legal nexus between the problems that they have very astutely pointed out and the causation to this particular rezone being requested. Because what he has heard is the rezone improves stormwater and lowers traffic. Now if nothing is done and a big box store shows up there tomorrow or next week, and maybe that never happens, but maybe it does happen. This is a very vibrant economy and he thinks the risk these adjacent communities run is not making it better. With a by-right use, a citizen cannot come down here and complain about because that will happen. Now that may alleviate some school issues, but it mixes it up a little bit because if you are concerned about overcrowding in the schools, then you want commercial development and want higher intensive uses. You want higher traffic and lower stormwater because there are less people living there. It’s a commercial use. You cannot have your cake and eat it too. It’s impossible. So you either want people in density which is students in schools or you want commercial activity. These the are the balancing acts they have to go through as Commissioners and it is not as easy as placating folks that do or don’t want a particular project to happen. He would like to know from staff because the one that gives him pause on voting to approve this is the short-term issue of stormwater. The petitioner said in rebuttal that the stormwater runoff that was placed into evidence was away from this property, or upstream maybe is the right word. He wants to know if this is accurate, if we have an opinion on that, and does the County Engineer Jim Iannucci have an opinion on that. Secondly, the money the County has just received and at some point the stormwater issues that will start being tackled, will it affect this particular parcel on this project. Not the whole area/region, he knows it will do that, he knows it will improve that at some point. We are only talking about these 15.5 acres or so, so he does not want to get distracted by all the other things that we all know exist. He is trying to limit his consideration of the evidence on this particular parcel. He asked Mr. Iannucci to make some comments about it. Mr. Iannucci stated that basically what is being discussed is that you have this particular project and to Mr. Schuler’s point, there are three watersheds that come together and these are drawn and staff has to determine that, so it is going to contribute flow. What is looked at when approving a stormwater project is pre and post, what is going to flow off the property now and what it is going to flow off after the development and the developer has to control that difference. Typically, that is on a 25-year storm and in talking in terms of quantity that would be eight inches of rain. What is being proposed is a 100-year storm which is 10 inches of rain, so they are proposing a larger amount which is something that is in the ordinance. If you do not have an outlet for a project, you can design a larger pond on the property and it has to be accounted for. The other piece to that and something, to Chairman Barfield’s point with the stormwater utility that is trying to be done, there is water flowing through that site that is not part of the development. That is really what we are trying to address with the stormwater utility, which is water that flows across the County. It flows from one point to another to get to an outlet. They have to accommodate that water. The pond has to accommodate their impervious, but then they have to accommodate the additional water. The $4.3 million that was received the Emergency Watershed Protection (EWP) are funds to remove hurricane downed debris, vegetation, and sediment that was placed in the creeks during Hurricane Florence. That same debris is what caused identical issues during Hurricane Dorian, which is why Mr. Hobbs and Mr. Jeffcoat had him come out to their neighborhood to look at some of those things first hand. That is the first step that has to be addressed and it will encompass what is done as far as a stormwater utility. A contract is being entered and the County will have 280 days to get the work accomplished. That will get the creeks back to where they were working prior to Hurricane Florence, getting out the sediment, trees, etc to improve it. There were identified priority areas with Smith Creek being one of the top two. The areas on the other side of the road were identified as an issue as well. The next step that will be done after getting that funding is hazard mitigation grant funding programs through the federal government. A portion of that is planning dollars to design, bringing in hydrologists and others because we want to do the right thing to see what needs to be designed. We need to look at the watersheds and look at Smith Creek in general now that it is built out, what needs to be improved and then go about with stormwater utility funds or try to get additional federal funding and implement those changes. The failed issue on the other side of the street was also an identified project. Pages Creek was also an identified project. He thinks EWP is the first step to get us on the road to recovery of making improvements post-Florence. Now that is not doing bigger culverts, etc. That will be up to the next phase, and staff is working with the Hurricane Recovery Group to go after the planning dollars for design and then going after additional federal dollars to implement new construction. If we get the design, construction, then get the utility in place, staff is going to identify and prioritize those projects. These are the same priority projects that have been identified and were able to be provided to the federal government representatives when they asked for the list. To him that is the bigger picture. It will be looked at from a design standpoint. Tim Clinkscales and Paramounte are going to have to determine the way it flows and show that during the design phase. That is not something that is required now, but is required once this project comes to the TRC and they have to be held to the ordinance. If there are any requirements that go above and beyond the ordinance, such as this SUP requiring a 100-year storm, it will have to be required and have the calculations to back that up. Those calculations include looking at what are the impacts during the 100-year storm of the surrounding properties. Commissioner White thanked Mr. Iannucci for the information and asked if someone came forward on a by-right project that allowed a 25-year, eight-inch accommodation for runoff, through the TRC process, could we a) consider the temporary problems associated with Hurricanes Florence and Dorian to postpone or delay a by-right project and b) the temporary issues with Lendire and not being able to access Torchwood. Mr. Iannucci stated that he would speak to that as the Engineering Department is a member of the TRC and to Mr. Schuler’s point, the County can only enforce what is in the ordinance. A temporary issue is not a constraint in the ordinance. He cannot do that at the discretion or something like that unless the engineer were to determine and come forward and recommend not doing controls and try to back that up. If they did the design and did not have an approved outlet, the County NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 395 could come back to them, and if there is no ditch that leaves that property, as stated in the ordinance they would have to do the 100-year storm, which is what is being recommended. Chairman Barfield expressed appreciation for Mr. Iannucci’s synopsis. The point he was making with the stormwater utility is that this project, nor any other project, is not what is causing the problem there. It is Smith Creek and the other creeks that are clogged up due to Hurricane Florence and other storms that have not been cleared. Once that is done, he thinks things will be a lot better in that area of the County. Commissioner Zapple thanked Mr. Iannucci for the explanation. What he is hearing is that help is coming and staff has begun the process of identifying what the issue is. He believes the Commissioners, have a responsibility to the public to make sure that the infrastructure is in place before adding to a known problem. That is what we have here. He has seen the pictures, he has walked it, and he along with Commissioner White was up there during Hurricane Florence. It was horrible. There is a serious problem of flooding up there and it is happening repeatedly. The infrastructure needed regardless of how we got here today and what could happen with this project, the Board is faced with having to make a decision on this project. It is his belief the infrastructure is not in place, and there are a number of initiatives coming forward that will help this tremendously. To approve this on faith that all of these flooding, road, and school issues, which he does consider part of infrastructure, before those are in place, that the Board should hit the brakes and pause until it can be shown to the people that live in that area that the infrastructure is in place and are capable of being able to provide them a healthy and safe place to live. Particularly troublesome to him is the lack of ability of emergency vehicles being able to get in and through the area during the flooding. That is a serious issue for all. Hearing no further discussion, Chairman Barfield asked for the Board’s direction on the request. Motion: Commissioner Zapple MOVED to deny the request based on the Board cannot find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. Commissioner Zapple stated as detail to the comments he just made concerning infrastructure, specifically the traffic, the size of Lendire, the condition of Lendire Road, the lack of proper stormwater drainage surrounding the subject site and the lack of infrastructure in the school system. Chairman Barfield stated there is a motion on the floor to deny and asked if there was a second. Hearing no second, Chairman Barfield stated that the MOTION FAILED FOR LACK OF A SECOND. Chairman Barfield asked if there was a motion for approval. Hearing none, he asked if there was a motion to table until infrastructure is in place. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chairwoman Olson-Boseman to table the matter until the infrastructure is in place. Commissioner White asked the County Attorney if the motion on the floor is appealable by the petitioner to the Superior Court. County Attorney Copley stated that she thought it could be. As they have filed the petition, she thinks they could request that Board approve it or deny it. The petitioner could request that it be tabled and she thinks it is an appropriate question for the petitioner. Commissioner White asked if Chairman Barfield would entertain a question to the petitioner to see if he would concede in a table motion. If not, a Superior Court judge is going to order the Board to do this all over again. Chairman Barfield granted the request. Mr. Nichols asked for a moment to confer with his client and that request was allowed by Chairman Barfield. Commissioner White stated for the public, and he is certainly not in possession of any special knowledge other than just the law, which is, either side that loses this can appeal the case to Superior Court and there is one judge that sits and listens and reads everything that has happened here today. If the evidence is sufficient to grant the SUP and this Board does not do it, the judge orders the Board to do it. There is no opportunity to go down and be heard, you can’t object, you can’t do any of that. It might appear that we have the option to follow what is clearly public opinion that the Board should not do this, but the Board has an obligation to follow the law and the judge has the obligation too. So when the Board is sitting thinking about it, that is what is so difficult about these types of cases. His suggestion is if it gets tabled, then that might solve the problem and if it does not, a judge is going to order the Board to make a decision, yea or nay pretty soon. Mr. Nichols asked for a clarification what infrastructure is being talked about exactly; what would be the benchmark as to when it would be reconsidered. Chairman Barfield stated what he is hearing is NCDOT addressing Lendire Road improvements and something addressing the flooding issue with Smith Creek. He does not know what the timeline looks like. Mr. Nichols stated he thinks that is the concern, is when as it could be two months, it could be a year. He thinks that is what they are having difficulty with answering the question as to what is being considered. Mr. Nichols asked for another moment to confer with his client and Chairman Barfield granted the request. Chairman Barfield stated the County has been in a number of these situations where it has been sued and lost. As to Commissioner White’s comments, in those situations, the public does not have the ability to go to Raleigh with those cases. The judge looks at that transcript, minutes of the meeting, the petitioner’s presentation and makes a ruling. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 396 Mr. Nichols stated as a possible consideration, and if the Board would be inclined to consider this, would be conditioning the certificate of occupancies (COs) on those events happening, which they would be agreeable to. The improvement of Lendire and the County addressing the cleanup of the stormwater, which if he heard correctly is about 280 days. Chairman Barfield stated he thought that was to get a contractor in place. He asked Mr. Nichols if he and his client were banking on the fact that it will take better than a year and a half to get the project out of the ground, with permitting and associated items. Mr. Nichols responded yes. He thinks the concern is the uncertainty of the delay, maybe some unknown items that are simply beyond their control in their timing. He and his client would certainly be agreeable to that as a condition of any approval of having the COs conditioned on those, the infrastructure being addressed. Chairman Barfield asked Mr. Iannucci what would be the timeline for putting the stormwater utility in place. Mr. Iannucci stated the stormwater utility is being brought to the Board in December for consideration and then there would be public meetings after the first of the year. The EWP grant funds that were just received that is really to just restore to pre-Florence standards. The next step is to see if there are stormwater improvements that need to be done, a study that will have to be funded through hazard mitigation funds or once the stormwater utility is created. What is being looked at by staff is if the Board directs staff to move forward, then public meetings would be held and it would be looked to be included in the next fiscal year budget and proceed in July of 2020. Commissioner Kusek asked Mr. Iannucci if it was 280 days to spend the $4.2 million under contract. Mr. Iannucci replied to clarify, once the contract is signed, which is in process now, the contract has to be fulfilled within 280 days. The money must be utilized once the contract is signed within 280 days. That is just the stream debris removal. If there are physical improvements that want to be made, he does not have a timeline on that. Chairman Barfield stated that he would go back to the original motion first. There was a motion to table this matter until the infrastructure is in place, meaning Lendire Road improved, stormwater debris removed from Smith Creek, and the stormwater utility program in place. Commissioner White asked County Attorney Copley in a normal situation when no one wants to make a decision, he is certainly speaking for himself, and probably everyone else up there, because it is a difficult decision to make, let’s say we move to table. It’s tabled, the petitioner files a petition with Superior Court and it is scheduled pretty quickly and a judge says you have make decision under the law, either yes and state the evidence from the witness or have to state no, and you cannot just table things because it is illegal. Now in this instance, if the Board approve the motion to table and stated that the reasons were a) the temporary problems with Lendire and Torchwood and b) the temporary stormwater issues that will be abated to at least pre-Florence with the money we just got, does she have an opinion if that would be good enough for a judge to say he would let them get through that and then order them to make a decision. County Attorney Copley stated she thinks the Board really needs to make a decision to approve it or deny it. She asked Mr. Nichols whether it would work to table this until a date certain and then come back, give a report to see how things are and where progress has been made to solving the problems, and he stated that would not work for his client. She thinks that goes along with what Commissioner White is saying, that the Board is giving conditions that he does not know when and where they can be met. She thinks that the Board really has to approve or deny because there has to be a record if they chose to go to court, and the Board is giving very speculative reasons and he does not want to table to a date certain. Commissioner White stated he understood that and asked if she and Deputy County Attorney Sharon Huffman, either of them, could provide an advisory opinion as to whether or not the evidence given in opposition would be enough to uphold the denial. Commissioner White stated he has not heard it. County Attorney Copley stated that she would defer to Deputy County Attorney Huffman, but she does believe the Board needs to be very specific on why it is denying it because there has to be a record to support that denial when it goes to court. Deputy County Attorney Huffman stated it is her opinion based on the evidence that she has heard that a denial of the SUP would not be upheld. She thinks it would be returned for issuance of the SUP. As far as a tabling, her recollection is that the ordinance states the Commissioners can table a matter in order to receive additional information. She guesses the Board could consider additional information being when is Lendire going to be improved, when is the cleanup of Smith Creek going to happen, those are things she thinks might be sufficient. She thinks the Board tabling simply for infrastructure to be improved, if the petitioner were to pursue some type of petition or declaratory judgment, she thinks the tabling would likely be overturned. Based on everything she has heard, her own opinion is our best bet, perhaps, is the approval for the SUP with the condition that the COs not be issued until certain things have happened. She thinks that is the safest bet. Commissioner White asked Deputy County Attorney Huffman to define “certain things.” She replied that the applicant stated that he would be willing for one of the conditions to be that the CO not be issued until Lendire Road improved, that is all he said, and until some of the stormwater issues have been alleviated and she thinks he specifically mentioned the contracts for the spending of the funds. It would likely, she thinks, be better if the CO not being issued as articulated until one, two, and three are done. She is assuming that he thinks it is going be at least a couple of years until he is ready for a CO and perhaps the thought process is the developer can work with NCDOT and the County engineers to make all of these things happen in those two years. Commissioner White asked Chairman Barfield if he would entertain a substitute motion to table the matter for a specific term of 180 days, which is six months, whether the petitioner agrees with it or not or whether the opponents agree with it or not, for the purpose of having more information gathered about the stormwater remediation pre-Florence efforts that are underway, and the condition and access of Lendire and Torchwood. That is a substitute motion to table with a specific period of time. Commissioner Zapple seconded the motion. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 397 Substitute Motion: Commissioner White MOVED, SECONDED by Commissioner Zapple to table the matter for a specific term of 180 days, which is six months, for the purpose of having more information gathered about the stormwater remediation pre-Florence efforts that are underway, and the condition and access of Lendire and Torchwood. Chairman Barfield stated there has been a motion made to table for a date certain of 180 days by Commissioner White and seconded by Commissioner Zapple. He opened the floor for discussion. Commissioner White stated that he understands the petitioner, if he opposes that, has remedies in Superior Court and if the judge orders the Board to hear this before six months, the Board will do it. He asked Mr. Nichols if that was correct. Mr. Nichols responded that they certainly do not want to be argumentative with the Board and they appreciate the Board’s consideration this evening, and he appreciates Commissioner White’s comments. He and his client do not want to be in a position where they are, the Board can do whatever it wants. The Board can vote or continue it. It is the 180 days that is a problem for his client. They are willing to have the condition that Lendire Road be paved or the COs would be delayed until Lendire Road is paved and from what he understands from the County Engineer's testimony, the cleaning out of the ditches would help. They could condition the COs on that. Commissioner White stated that six months from now there will be a much clearer picture on those two items as it pertains to the evidence related to them. That is his view. Mr. Nichols agreed and is not arguing with him. Commissioner White stated he understood and understands that Mr. Nichols is in a difficult position. Mr. Nichols stated he thinks the difficulty is, they would respectfully contend that they have met the criteria. The uncertainty is waiting six months and the Board decides to deny it. The six months is a problem for the time frame. They do appreciate the Board’s consideration of the evidence that was presented and also the position they are in. They are certainly willing to condition the COs on the paving of Lendire Road and the cleaning out of the ditches. Commissioner Zapple stated that significant help is on the way, especially with the stormwater utility that is coming forward. The Board understands that and the County has specific actions in this motion to help improve the area up there. What is being asked of Mr. Nichols and his client is to meet the Board halfway, and hit the pause button for six months to allow the County to straighten out some of these issues so his client can have a successful project. A project where there is not significant flooding in an area already and potentially adding to it. The stormwater utility, if the way it has been envisioned, is going to be a slow but steady process of improving stormwater drainage throughout the County. He knows the focus will be on the north side of the County first. He asked Mr. Nichols if he could speak to his client again and see if everyone can’t move on what he thinks is a reasonable and appropriate motion put forward. Mr. Nichols stated that he would ask his client and Chairman Barfield granted him the time to do so. Mr. Nichols reported after conferring with his client that they would ask for the consideration of the matter being tabled for 90 days with the idea that additional information is needed and at that time the Board may say it does not have enough information, but it is possible they would have more information to where the Board would feel comfortable with taking a vote within 90 days. That would be three months and would help his client from a timing standpoint. Commissioner White stated he would modify his motion to that and he will be prepared to vote in 90 days one way or the other. Commissioner Kusek seconded the motion. Amended Substitute Motion: Commissioner White MOVED, SECONDED by Commissioner Kusek to table the matter for a specific term of 90 days, which is three months, to gather more information as to Lendire Road being improved and stormwater utility. Chairman Barfield asked for direction from the Board. Upon vote the MOTION CARRIED UNANIMOUSLY. In regards to the SUP request (S19-02), a copy of the evidence submitted by the opposition is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 35.10. Break: Chairman Barfield called for a break from 7:06 p.m. until 7:08 p.m. PUBLIC HEARING AND APPROVAL OF ZONING REQUEST BY SOUTHEASTERN SITE ACQUISITIONS, LLC, ON BEHALF OF THE PROPERTY OWNER, EDWIN I. JR. AND NANCY R. ENNIS, TO REZONE APPROXIMATELY 12.3 ACRES OF LAND LOCATED IN THE 2500 BLOCK OF CASTLE HAYNE ROAD, FROM R-15, RESIDENTIAL DISTRICT, AND B-2, HIGHWAY BUSINESS DISTRICT, TO UMXZ, URBAN MIXED USE ZONING DISTRICT, IN ORDER TO CONSTRUCT A MIXED-USE DEVELOPMENT (Z19-09) Chairman Barfield opened the public hearing and requested staff to make the presentation. Senior Planner Ben Schuler presented the request by Southeastern Site Acquisitions, LLC, on behalf of the property owner, Edwin I. Jr. and Nancy R. Ennis, to rezone approximately 12.3 acres of land located in the 2500 block of Castle Hayne Road, from R-15, Residential District, and B-2, Highway Business District, to UMXZ, Urban Mixed Use Zoning District, in order to construct a mixed-use development. The Urban Mixed Use Zoning (UMXZ) District is one of eight zoning districts approved by the Board of Commissioners in July 2019. The intent of the UMXZ district is to promote mixed-use developments on sites large enough to create a mix of uses within the development and surrounding area. The UMXZ district encourages the development of a mixture of housing types and the enhancement of transportation options by promoting higher density housing to be located closer to commercial NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 398 services. The objectives of the UMXZ can be met within a subject site or can create a mixture of uses in the overall area of the community where it is located. The property is located within the Wrightsboro commercial node which consists of a variety of commercial zoning districts including the B-2, B-1, O&I, and shopping center district. Approximately 40 percent of the site is currently zoned B-2 along Castle Hayne Road. The site currently consists of five parcels of land totaling about 12.3 acres. The portion of the property zoned B-2 is currently developed with commercial businesses consisting of restaurants, offices, personal services, and equipment sales. The western portion of the property zoned R-15 currently contains a single-family residence and accessory structures. Similar to the County’s Planned Development district, conceptual site plans for the UMXZ district are intended to be in a bubble format that illustrates the general location and intensity of the land uses within the development. If the rezoning is approved, the specific standards relating to the layout and design of the site will be verified by the Technical Review Committee during the site plan review process. This proposal would allow the development of a maximum of 226 residential units, most of which will be constructed in the middle and western portion of the site. The plan proposes to replace some of the existing commercial zoning with multi-family housing. Currently, this commercial area is being used for outdoor storage associated with the equipment sales business. The areas currently contain commercial structures and would be allowed under this proposal to be renovated with similar commercial uses. Residential units would be allowed to be placed within these structures to create mixed- use buildings. Also, the plan would allow for the mixed use area located behind McDonald’s along Riverside Drive to be developed with multi-family buildings. Most of the stormwater facilities will be located along the western and southern boundaries of the property, which abuts existing and planned residential developments. As a result, the multi-family areas will exceed the required setback from these residential areas. Lastly, the UMXZ district requires that all uses and adjacent development be connected by pedestrians accessways. Specifically, these sidewalks would range in width from five to twelve feet depending on location. A 12-foot sidewalk would be required to be installed along Castle Hayne Road. Again, the UMXZ district contains additional standards that currently are not required for development within the current base zoning district. These standards include providing pedestrian accessways, incorporating architectural design elements, and locating parking to the rear and side of the buildings. In regard to transportation, it is estimated that the site currently generates about 170 trips during the peak hours. In addition, a typical development of the site under the current zoning could generate about 200 trips in the AM peak hours and 350 trips in the PM peak hours. The proposal would increase the trips by approximately 50 in the AM peak hours and 25 in the PM peak hours when compared to what the current zoning could allow on the site. On average, that would equate to the addition of about 1 car every minute in the AM peak and 1 car every 2 minutes in the PM peak. The applicant previously completed a TIA in late 2018, which was approved by NCDOT and the WMPO in 2019. The TIA analyzed the development of 360 apartments on a portion of the site and on neighboring property to the northwest. Specifically, 144 apartments included in the TIA were directly behind Food Lion. That phase of the development is no longer being proposed by the applicant and is not included in this application. The TIA requires that a new signal timing plan for the intersection of Castle Hayne Road and North Kerr Avenue be submitted to NCDOT for review and approval. Because the current proposal reduces the number of dwelling units included in the project to 226 units, NCDOT has indicated that no update to the TIA will be required for the residential portion of the project. However, traffic impacts will be reviewed with any redevelopment of the existing commercial component and additional TIAs may be required. The TIA studied the level of service of the intersection of Castle Hayne Road and N. Kerr Ave. The intersection currently operates a level of service (LOS) of C in the AM peak hours and will operate at a LOS of D in 2021. The change of going from an LOS of C to D generally would equate to an increase in the delay of about 15 seconds. According to the approved TIA, the multi-family portion of the project will not reduce the LOS of the intersection with the required improvement. For the PM peak, the TIA also indicates that the multi-family portion of the project will not reduce the LOS of the intersection. There are also two state transportation improvement projects planned for the area. One will widen Castle Hayne Road from I-140 to Martin Luther King, Jr. Parkway by installing a center turn lane or median to certain sections of the road. As part of that project, NCDOT analyzed the capacity of Castle Hayne Road from Division Drive to I-140. The report examined three alternatives to improve Castle Hayne Road along this segment and forecasted the LOS at notable intersections along the road, including at North Kerr Avenue. The report found that in 2040, with the construction of the recommended improvements included in the three alternatives, that the studied intersections would operate at a LOS of D or better. Bidding of the NCDOT project is expected to take place in 2024, with construction to be completed in the late 2020s. It will require all left turning movements to be taken at the signalized intersection at North Kerr Avenue. The NCDOT project in the area will install a roundabout at the intersection of Castle Hayne Road and 23rd Street. Bidding of this project is also expected to occur in 2024. Again, the property is located within the Wrightsboro node. This node contains a number of retail and restaurant businesses. This would allow the residents of the project to walk or take a short car ride to everyday services. This is one of the main objectives of both the County’s Comprehensive Plan and Strategic Plan. Both promote mixed-used, complete communities that allow residents to have convenient access to basic goods and services. This will help reduce the congestion on the roadways by decreasing the amount of time people need to be in their car. In addition to the site being located close to basic services, it is also located near jobs. This also assists with the goal of providing complete communities and reducing travel time and distances. This strategy, along with ongoing roadway improvements, will serve to improve traffic flow and circulation in the County. The proposal would allow for the trailer business on the site to be replaced with a commercial or mixed- use building. There is an existing strip center in the development that this proposal would also allow to be renovated or replaced with a mixed-use building, or multi-family units. In the surrounding Wrightsboro area a Food Lion NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 399 shopping center is again located directly north of the site. A McDonald’s is also abutting the site. There is also a strip center located across Castle Hayne Road, where the Sawmill Restaurant is located. The property is located in a transitional area and classified as Community Mixed Use and General Residential in the 2016 Comprehensive Plan. Place types are not meant to be parcel specific like zoning districts and therefore, sites located in proximity to the boundaries between place types could be appropriately developed with the characteristics of either or both place types. This allows for evolving development patterns in the surrounding area to be considered. The property is located in a commercial node. This node extends about a half mile along Castle Hayne Road and contains many retail and restaurant related uses. Developing the site with a mixture of higher density residential and commercial uses is consistent with the Comprehensive Plan’s goals of providing for a range of housing types and allowing convenient access to basic goods and services. In addition, the proposal will provide an orderly transition of uses, from the higher intensity commercial uses located along Castle Hayne Road to the lower density residential uses located to the west of the site. The Planning Board considered this application at the August 1, 2019 meeting and recommended approval of the application, finding it to be consistent with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition of uses from higher intensity to lower intensity areas, provides for a range of housing types, and allows for future residents’ convenient access to basic goods and services. The Planning Board also found approval of the rezoning request is reasonable and in the public interest because the proposal would benefit the Wrightsboro community by providing diverse housing options, by increasing the customer base to support area businesses, and by allowing for more pedestrian-oriented travel. Chairman Barfield thanked Mr. Schuler for the presentation and invited the petitioner to make remarks. Joe Taylor, attorney with Murchison Taylor Gibson law firm representing Southeastern Site Acquisitions, LLC, introduced the development team for Wrightsboro Commons: Allison Engebretson with Paramounte Engineering, Chris Dunbar with Southeastern Site Acquisitions, LLC, and Dan Cumbo with Davenport. He also recognized the residents from the Wrightsboro area present to speak in support of the request. This is the UMXZ district project to be presented for the Board’s consideration under the County’s new ordinance, which is of much importance because it is a much needed workforce-affordable housing project. This project is able to be brought to fruition in the Wrightsboro corridor because of the new ordinance. The staff report is very thorough and comprehensive and the Planning Board gave unanimous approval. During the community meeting, the neighbors provided nice comments. There are five tracts in the project with three of the parcels being zoned B-2 and what is existing on it does need to be redone for the good of the community. This is a wonderful redevelopment project with all of the B-2 uses already done. This project is a perfect fit for the ordinance and has a wonderful pedestrian feel and use for the community. It avoids all of the unpleasant B-2 uses in redevelopment and it will create a unique setting for the community that will bring a lot of new life and vigor to the community. The UMXZ ordinance allows the ability to do some very unique things that makes the rental units affordable and what is considered workforce development. The project fits all of the varied issues and he would ask that the staff report and shared letters of support be entered into the record. He then asked Ms. Engebretson to provide the specifics of the project. Ms. Engebretson stated she is a landscaper with Paramounte Engineering. She provided an overview of the site plan and location of the commercial and multi-family areas. She presented the following information about the project:  UMXZ Rezoning:  Why Rezone?:  Property is already a transition from B-2 Commercial to Single Family Residential:  It is among one of the geographical hubs of New Hanover County (two miles from I-40, I- 140, a couple of miles from downtown, within five miles of large major employers). With I-140 it can also reach out to Brunswick and Pender Counties.  Mixed-Use and Multi-Family typical land use transitions  New Hanover County Future Land Use Plan  Neighborhood services already exist to support neighborhood  Adds a diversity of housing in a geographical hub  Proposed zoning allows a controlled, fresh upgrade to an existing site  Site is already mixed-use retail, office, restaurant, but this project proposes better connectivity between existing businesses and proposed homes all in one pedestrian friendly, cohesive community  What is UMXZ and What Could it Mean for this Area of New Hanover County?:  Walkable neighborhood  Hierarchy of pedestrian paths linking to internal and external mixed uses such as amenities, neighboring shopping, restaurant, office, and other neighborhood services  Connection to larger transportation network with bus stop across the street  Schools and parks near site Optimist Park within 0.3 miles, school 0.25 miles away  Easy workplace commutes to a wide range of employers  Key Points to Consider – Buffer:  Determining the Appropriate Setback and Buffer Depth for Adjacent Properties  County Required Buffer – 20-feet wide:  Three options for portions adjacent to single family  Three rows of vegetation NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 400  Two rows of vegetation and fence  Berm and vegetation  Proposed Buffer to Exceed Required Buffer and Add Screening of Buildings:  35-foot buffer in locations where existing trees and shrubs do not screen project:  (20-foot required, building setback 45-foot required)  Existing exposed adjoining single family properties to be buffered with:  35-foot depth buffer  Two rows of vegetation minimum and opaque six-foot height minimum fence (Required Buffer option 2)  In addition, trees of various heights will be placed in buffer to further screen buildings.  Some tree species placed in buffer will exceed 20-foot height at maturity  Key Points - Stormwater:  Existing pond expanded  Stormwater captured and treated on site  Designed by Professional Engineer who is responsible for certifying the pond is built to state/county requirements Chairman Barfield stated that one person signed up to speak in opposition to the request and asked the person to step forward to provide remarks. Bennie Herring, resident of Chadwick Avenue, stated he is not concerned about the property itself, but the traffic it will generate with approximately 300 apartments. There will also be another project going in behind this one. Each of them will have at least one car and some produce more than that. It is very hard to get out on Castle Hayne Road now. He asked that the Board deny the project. Chairman Barfield stated that the petitioner has five minutes to make rebuttal comments. In rebuttal, Mr. Taylor stated that he thinks there is some confusion about traffic. In looking at the TIA in the staff report, it shows this project will not increase any time delays. With the required improvements, it will probably decrease the traffic problem in this particular area. Dan Cumbo with Davenport stated he thinks what Mr. Herring is speaking of is one of the improvements that is in the TIA and the TIA approval letter. The TIA went through the NCDOT, WMPO, and County review process and one improvement that came out of it was retiming the traffic signal. With retiming, the delay actually does go down at the signalized intersection. Chairman Barfield asked Mr. Herring if he would like to state anything in reference to the petitioner’s rebuttal remarks. Mr. Herring stated that there is no way this will not increase traffic coming out of two outlets. It is not reasonable for him to believe and he does not believe it. Hearing no further discussion, Chairman Barfield closed the public hearing and opened the floor to Board discussion. Motion: Commissioner White MOVED, SECONDED by Commissioner Kusek to approve the request as overall the project is generally consistent with the goals and objectives of both the Comprehensive Plan and Urban Mixed Use Zoning District because it contributes to providing a mix of housing options in the area; find it to be consistent with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition of uses from higher intensity to lower intensity areas, provides for a range of housing types, and allows for future residents’ convenient access to basic goods and services; also find approval of the rezoning request is reasonable and in the public interest because the proposal would benefit the Wrightsboro community by providing diverse housing options, by increasing the customer base to support area businesses, and by allowing for more pedestrian-oriented travel. In response to Board questions, Mr. Taylor stated that this project is designed to be what is considered workforce-affordable housing. Ms. Engebretson stated that in a conferring with the applicant, the applicant is willing to say while they have not studied all aspects of the market yet, they are looking at units with a base price of $650.00 and going up from there. $650.00 would likely cover a studio apartment. In response to Board questions, Mr. Schuler stated that the bubble plan shows the land uses within certain areas of the site and the intensity of the land uses. The multifamily portion of the site would not be allowed to change to commercial uses. The entire development would be limited to a max of 226 dwelling units over the entire project and is not allowed to be increased by staff. The uses allowed in the commercial buildings sections would be limited to restaurant, office, and retail type uses. Those sections would also allow for retro-fitted residential units above provided again, they do not exceed the 226 maximum dwelling units for the entire development. The developer has the flexibility to move the residential units around without going over the density. He reconfirmed the project will go through the TRC. Hearing no further discussion, Chairman Barfield asked the Board for a vote on the motion on the floor. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 401 A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1974, is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section 10A, Page 42. COMMITTEE APPOINTMENTS Appointments to the New Hanover County Commission for Women Chairman Barfield reported that five vacancies exist on the New Hanover County Commission for Women, with nine applications for consideration. Commissioner Kusek nominated for appointment Kristi Baker and Sheila Evens to serve three year terms, Bhairavi Jeganathan and Natosha Vincent to serve two year terms, and Dr. Stephanie Johnson to serve a one-year term. Vice-Chairwoman Olson-Boseman seconded the nominations. Hearing no further nominations, Chairman Barfield called for a vote for the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Kristi Baker and Sheila Evens to serve three year terms with the terms expiring October 31, 2022, Bhairavi Jeganathan and Natosha Vincent to serve two year terms with the terms expiring October 31, 2021, and Dr. Stephanie Johnson to serve a one-year term with the term expiring October 31, 2020 to the New Hanover County Commission for Women. Appointment to the New Hanover County Consolidated Human Services Board Chairman Barfield reported that two vacancies exist on the New Hanover County Consolidated Human Services Board with one application for consideration. Chairman Barfield nominated Dr. David W. Zub for appointment. Hearing no further nominations, Chairman Barfield called for a vote for the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Dr. David W. Zub in the Physician category to the New Hanover County Consolidated Human Services Board to serve an unexpired term with the term to expire July 31, 2021. Appointment to the New Hanover County Jury Commission Chairman Barfield reported that one vacancy exists on the New Hanover County Jury Commission with one application for consideration. Chairman Barfield nominated Jennifer Flannery for appointment. Commissioner Zapple seconded the nomination. Hearing no further nominations, Chairman Barfield called for a vote for the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Jennifer Flannery to the New Hanover County Jury Commission to serve a two-year term with the term to expire October 31, 2021. Appointment to the New Hanover County Juvenile Crime Prevention Council Chairman Barfield reported that one vacancy exists on the New Hanover County Juvenile Crime Prevention Council with one application for consideration. Commissioner Kusek nominated Macy Killian for appointment. Hearing no further nominations, Chairman Barfield called for a vote for the nomination on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Macy Killian in the Under Age 18 category to the New Hanover County Juvenile Crime Prevention Council to serve a two-year term with the term to expire September 31, 2021. Appointments to the Parks Conservancy of New Hanover County, Inc. Board of Directors Chairman Barfield reported that three vacancies exist on the Parks Conservancy of New Hanover County, Inc. Board of Directors with two applications for consideration. Chairman Barfield nominated Shane Mellin and Jim Orr for appointment. Hearing no further nominations, Chairman Barfield called for a vote for the nominations on the floor. Vote Results: The Board voted UNANIMOUSLY to appoint Shane Mellin to serve an unexpired term with the term to expire June 30, 2021 and Jim Orr to serve an unexpired term with the term to expire June 30, 2022 to the Parks Conservancy of New Hanover County, Inc. Board of Directors. PUBLIC COMMENT ON NON-AGENDA ITEMS Chairman Barfield reported that no one signed up to speak on non-agenda items. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 402 ADDITIONAL AGENDA ITEMS OF BUSINESS Vice-Chairwoman Olson-Boseman asked County Manager Coudriet that in working through the upcoming budget year process and the hospital matter, she wants to make sure the senior population is being looked at. Meals on Wheels of America came out with a study showing the average cost to provide one meal for a senior 365 days is cheaper than one night in the hospital. Social isolation leads to depression and chronic health related issues. There are seniors that don't talk to others for days if not weeks, which leads to premature institutionalization and hospitalization. This County has more people 60 years of age and over than it does zero to 17 year olds. This is not a criticism of the County’s Senior Center. She thinks Senior Resource Center Director Amber Smith is one of the most outstanding department heads that the County has, if not in the state, and does a phenomenal job. Vice-Chairwoman Olson-Boseman stated this is a request from herself, not from Ms. Smith. She is concerned that 120 seniors are on the transportation waiting list at the Senior Center and her understanding is it is a capacity issue and is for nonemergency medical like dialysis, essential shopping, etc. A large cab company, one of the vendors in the area, has left. Her understanding is that the current vendors do a good job but are having trouble hiring drivers because of pay. In going through not only the budget process, she feels there should be more collaboration with the hospital and the Senior Center and it seems to her the County should be able to do more programs. She has also been told there is a certified nursing assistant (CNA) crisis. Even though the County has seniors on the wait list for home healthcare there are not enough CNAs to provide the services. In going through this process, she wants the staff to look at with the hospital the social determinants, health, transportation, healthy foods, etc. She gave kudos to Ms. Smith and her team with the new program they are doing which is a sitting program. It is where they have seniors volunteer to sit with other seniors and just talk to them to get over the social isolation. Vice-Chairwoman Olson-Boseman stated she is asking the County Manager in this budget year to see, in collaborating with the hospital, what more the County can do and what can be done about transportation. With that, she also asked that the relationship with Wave be looked at to see if the County needs to pull out or do something different and look for staff recommendations. That seems to be a sinking ship. The “ghost” buses are seen around town all the time and Wave continues to want additional funding. She thinks there is a need to look at and asked that staff look at alternatives of what the County can do, and in particular with the seniors. Commissioner White asked what the notice requirement is for Wave Transit and what would need to be done to trigger the notice. County Manager Coudriet stated that he thinks when the County and City redrew the interlocal agreement four or five years ago, a nine-month withdrawal process that would be effective at the next fiscal year was established. If that were to happen, sometime over the course of this calendar year or early next calendar year, it would be the following fiscal year, July 1, 2021. Chairman Barfield asked if there were any additional comments from the Board. Vice-Chairwoman Olson-Boseman made a motion that the County back out of the Wave plan. She asked the County Attorney to help with the verbiage. County Attorney Copley stated the verbiage would be to terminate the contract. Vice-Chairwoman Olson-Boseman stated that is what she is trying to state. Commissioner Kusek seconded the motion. Motion: Vice-Chairwoman Olson-Boseman MOVED, SECONDED by Commissioner Kusek to terminate the contract with Wave Transit. Chairman Barfield opened the floor to Board discussion. Commissioner Zapple asked Vice-Chairwoman Olson-Boseman exactly what is to be terminated as there are multiple funding sources that go into Wave. He asked for clarity on what is to be thrown out with her motion. Vice-Chairwoman Olson-Boseman responded that her motion is to terminate the contract with Wave and direct staff to find alternative means to provide the transportation that is needed. Chairman Barfield asked County Manager Coudriet what would the County do for transportation to the community college’s north campus, jail, and airport that are direct routes with Wave. He also asked how that is explained to the people who go to these areas and will no longer be able to utilize those services. County Manager Coudriet stated that as he understands this discussion, that could still be a fiscal policy and choice of the Board. The County funds above and beyond paratransit which there are some contracts for those services with the Senior Resource Center and some are with the Department of Social Services, but that is moving as the transition is made to managed Medicaid. The state’s insurance companies will be the brokers versus the County. The County funds the north route, route 207, as a direct appropriation. There would not be anything that would prohibit the County from doing that going forward. Just as on an annual basis, it is a deliberation the Board makes. The primary relationship between the County, City and Wave as he understands from a historical discussion has been dealing with the paratransit functions. The County at one time operated its own paratransit service, the City operated a municipal bus service, and the interlocal agreement brought those functions together under direct administration of Wave. There would be a requirement for the County to continue to examine the right way to provide paratransit, particularly the Senior Resource Center as the state is transitioning counties away from Medicaid transportation. ‑ Chairman Barfield asked County Manager Coudriet how would this affect the AfricanAmerican population in the community. County Manager Coudriet responded that he does not have an informed opinion on it and can evaluate it. He does not know the demographics of Wave riders in general, but can work with County staff to establish what is the general demographics for those who are served via paratransit, which is 100 percent County responsibility to this point, and what the general demographics, age and the like, are as it relates to the fixed route service. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 403 Commissioner Zapple asked if he was understanding that the County would back out completely of the paratransit, as far as it involves Wave, and would standup its own paratransit. County Manager Coudriet replied no, that would not require the County to stand up its own paratransit system. While the County does use Wave today, the Senior Resource Center also contracts with other providers, not just Wave. It contracts with taxi cabs and other ride share programs. There would still be that requirement to provide paratransit and it could be purchased service from Wave or still be continued purchase of other ride programs within the community. Commissioner Zapple asked what impact this action would have at UNC-Wilmington (UNCW) where very full buses are seen. County Manager Coudriet stated from his understanding that would be unrelated. UNCW as he recalls from the Transpro study from eighteen months ago, effectively fully funds that service. The County fully funds the value of the north route 207 as well as the amount of revenue available on the paratransit piece. Commissioner Zapple stated certainly if a major player with Wave drops out, it would have an impact throughout the entire Wave system, including the UNCW routes as well. County Manager Coudriet stated that he is not sure that he could say that with a high degree of confidence because there are no County funds associated with the support of the Seahawk shuttle. Commissioner Zapple asked County Manager Coudriet to obtain the information so the Board can see what the impacts are as this is a radical move to end a contract with Wave. He asked how many years the contract has been in place. County Manager Coudriet stated he thought it was 14 or 15 years. Commissioner Zapple stated as the community continues to grow and traffic issues continue to dominate almost every one of the meetings, backing away from support of mass transit is a very strong move in what he considers the opposite direction. County Manager Coudriet stated he understood and that the best data staff will have is what was provided by Transpro. He will work with the team to assimilate that into a report to the Board. Chairman Barfield stated that he does not get sick feelings often, but has one tonight. He stated there is a motion on the floor to discontinue service with Wave, to cancel the contract with Wave, and asked if he was correct. Commissioner White stated to provide notice under the contract of the County’s intent to do those things. He asked if that was correct, that the County has to provide notice. County Manager Coudriet responded that the interlocal agreement, as he understands, does require notice. It is not a unilateral disengagement and there is a notification process. Commissioner Zapple asked if the County has anything that could go in place of Wave for those people below a certain dollar amount in the community who cannot afford their own transportation. County Manager Coudriet responded that there are still programs that individuals would qualify for whether or not it's through Medicaid transportation, primarily for medical assistance. The Department of Social Services also purchases seven, ten, and fourteen day passes for use of Wave. They will also secure, in the Senior Resource Center as an example, because of age and participation in programs, transportation via other forms as well. The service that is provided, there is not an opportunity for the County to step away from that. It would still be required to meet its human services functions, but the size of that responsibility is getting smaller with Medicaid transitioning where now the County operates a call center for Medicaid clients to schedule transportation. That will now, effective February, be a responsibility of the five insurance companies in the state that have been granted Medicaid contracts. He confirmed for Commissioner Zapple that is all part of the Medicaid transformation. Commissioner Zapple stated that as he understands it, without a budget that may not happen and the February date will also be pushed back. County Manager Coudriet stated that he is not aware that the transition to Medicaid cannot begin on February 1st. None of the data that has come to staff has suggested there was a delay in implementation. There was a delay in the first region and he thinks about a third of the counties were to go forward. Commissioner Zapple stated that on the Wave issue, again if a major player, a major part of their business, New Hanover County terminates contracts with them, how can they expect to continue at the same level of service within the City. County Manager Coudriet stated that he is not sure that he can speak to that at this moment other than the County’s direct appropriations are supporting the north route, theoretically. The County appropriates the equal dollar amount for that, plus what is purchased from the paratransit service. Commissioner Zapple asked about the Carolina Beach route. County Manager Coudriet responded that Wave, as he understands from the summary memo he sent the Board, is contemplating as part of a reduction in service program elimination of that route, scaling back service to one route and eliminating a couple of other routes due to, unrelated to the County funding, general imbalance between revenues and expenses. Chairman Barfield asked for a vote on the motion on the floor. Upon vote the MOTION PASSED 3 TO 2. Chairman Barfield and Commissioner Zapple dissenting. Chairman Barfield asked if there were any other items for the Board. County Manager Coudriet reported on today’s opening of the new Health and Human Services Building. He feels that staff was prepared for the opening. A lot of customers seemed to be pleased with the facility as well. The full transition will be complete in February 2020 when the Health Department moves in. Chairman Barfield recognized Sterling and Janine Powell and Barbara Powell. Sterling Powell’s father, William Douglas Powell, served on the Board of County Commissioners from 1973 to 1974. He was appointed to the Board in 1973 and served as Chairman in 1974. Mr. W. Douglas Powell passed away on September 24, 2019 and was quite an accomplished man in this community. He read a portion of the obituary and noted how Mr. Powell made a point to be involved in the communities in which he resided to make each place better for his family and others. Chairman Barfield also noted that Mr. Powell’s service to the community continues with his son, Sterling Powell and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 21, 2019 PAGE 404 his daughter-in-law, Janine, as they are also outstanding public servants to this community. Chairman Barfield invited the Powell family to step forward to acknowledge their attendance at the meeting and William Douglas Powell’s service to this community. On behalf of the Powell family, Sterling Powell thanked the Board for recognizing his father. ADJOURNMENT There being no further business, Chairman Barfield adjourned the meeting at 8:17 p.m. Respectfully submitted, Kymberleigh G. Crowell Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available for review and checkout at all New Hanover County Libraries and online at www.nhcgov.com.