2017-10-02 Regular Meeting
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, OCTOBER 2, 2017 PAGE 880
ASSEMBLY
The New Hanover County Board of Commissioners met in Regular Session on Monday, October 2, 2017, at
4:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North
Carolina.
Members present: Chairman Woody White; Vice-Chairman Skip Watkins; Commissioner Jonathan Barfield,
Jr.; Commissioner Patricia Kusek; 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
Father Jon Emanuelson, St. Nicholas Greek Orthodox Church, provided the invocation and Commissioner
Zapple led the audience in the Pledge of Allegiance to the Flag.
APPROVAL OF CONSENT AGENDA
Chairman White requested a motion to approve the Consent Agenda as presented.
MOTION
: Commissioner Kusek MOVED, SECONDED by Vice-Chairman Watkins, to approve 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 18, 2017.
Adoption of Fire Prevention Week Proclamation – Fire Services
The Commissioners adopted a proclamation recognizing the week of October 8-14, 2017 as Fire Prevention
Week in New Hanover County. The 2017 Fire Prevention theme is “Every Second Counts: Plan 2 Ways Out!”.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XL, Page 38.1.
Adoption of Community Planning Month Proclamation – Planning and Land Use
The Commissioners adopted a proclamation recognizing October 2017 as Community Planning Month in
New Hanover County. In October, the American Planning Association and communities across the United States join
together to celebrate the lasting value that thoughtful planning has on communities. This year's theme is innovation in
planning, underscoring the role of planning in addressing and adapting to the challenges facing communities in the
21st century.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XL, Page 38.2.
Approval of Release of the Levy for Tax Year 2007 – Tax Department
The Commissioners approved the release of the levy for the tax year 2007 from the charge as the 10-year
statute of limitations prohibits the Collector from using forced collection measures to collect theses taxes. The total
for New Hanover County and the Fire District is $442,034.61. For all municipalities it is $177,540.81. Grand total
overall is $619,575.42.
A copy of the Levy for Tax Year 2007 is hereby incorporated as part of the minutes and is contained in
Exhibit Book XL, Page 38.3.
Approval of July 2017 Tax Collection Reports – Tax Department
The Commissioners accepted the Tax Collection Reports of New Hanover County, New Hanover County
Fire District, and New Hanover County Debt Service as of July 2017.
Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit
Book XL, Page 38.4.
Approval of New Hanover County Board of Education 2017-2018 Budget Amendment #1 – Strategy and
Budget Department
The Commissioners approved the following Board of Education budget amendment:
1) In the General Fund (Current Expense Fund), appropriates $1,668,158 of Fund Balance, budgets $37,211
of insurance claims and $39,892 in donations ($39,392 Wrightsville Beach School Foundation and $500
Mark III insurance Services) for $628,119 in transfers to Charter Schools (for growth in the number of
charter students and per pupil funding), $444,888 for school nurses, $90,944 for top of scale bonuses
that range between $30 and $1,000 each for 350 employees to receive minimum state increase, $39,392
for TA and Tutor at Wrightsville Beach School, $541,918 in rollover POs, BOE Travel, and
miscellaneous projects and budget changes.
2) In the Capital Projects Fund, budgets $1,321,805 in recently approved Lottery Fund Projects, $1,228,138
in State Department of Public Instruction (DPI) School Bus Leases, $936,308 carryover for capital
projects that were started last year, but not yet completed, and $109,535,673 of previously approved
bond projects.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, OCTOBER 2, 2017 PAGE 881
A copy of the budget amendment is available for review in the Strategy and Budget Department.
Appointment of a Representative to Serve on the Policy Committee for a Grant-Funded Joint Land Use Study
for the Military Ocean Terminal Sunny Point (MOTSU) – Planning and Land Use
The Commissioners approved Chairman White being appointed to serve on the Policy Committee for a grant
funded Joint Land Use Study for the Military Ocean Terminal Sunny Point (MOTSU). New Hanover County has been
invited to participate in a regional joint land use study focusing on the MOTSU and the area within a 3-mile buffer
around the facility. The Project is funded by a grant from the U.S. Department of Defense Office of Economic
Adjustment (OEA) and will be administered by the Cape Fear Council of Governments (CFCOG). Other participating
communities include Brunswick County, Boiling Spring Lakes, Carolina Beach, Kure Beach, Leland, and Southport.
Military Ocean Terminal Sunny Point (MOTSU) is one of the largest military terminals in the world, the key
ammunition shipping point on the Atlantic Coast, the Army's primary east coast deep-water port, and one of a handful
of Department of Defense terminals equipped to handle containerized ammunition. It serves as a transfer point between
rail, trucks, and ships for the import and export of weapons, ammunition, explosives and equipment for the US
military.
The Project’s primary goals are:
1. To protect and preserve the military- and defense-related operational capabilities of MOTSU;
2. To support continued and safe growth and economic development of MOTSU’s neighboring
communities;
3. To enhance communication and collaboration between military commanders and local officials; and
4. To establish policies and procedures for managing compatible land uses adjacent to and encroaching on
MOTSU.
The project will open lines of communication between MOTSU commanders, state and local officials, and
key public and private stakeholders, who will work collaboratively to achieve the project goals. Compatibility
concerns include Interagency Coordination/Communication, Land Use, Regulatory Limitations, Safety Zones,
Community Infrastructure, Public Trespassing, Cultural and Historical Resource Sites, Water Quality/Quantity, and
Transportation Capacity, among others. Deliverables include a Final Joint Land Use Study Report, Public Participation
Plan, Technical Addendum and Data Management Plan, Data Management Portal, and Communication Manual.
A Request for Proposals (RFP) for professional planning consulting services has been prepared and released
by the CFCOG. Local match for the grant will be through in-kind contributions from the participating local
governments. A project website is pending.
Two committees will be created for the project: a General Advisory Committee and a Policy Committee. The
General Advisory Committee will be comprised of staff from participating local governments, selected state agencies,
CFCOG, and MOTSU. The General Advisory Committee is anticipated to meet monthly; Ben Andrea will be the staff
person from New Hanover County serving on the General Advisory Committee.
The Policy Committee will include an elected official from each participating local government and also a
representative from MOTSU and the NC Department of Military and Veterans Affairs. The Policy Committee is
anticipated to meet quarterly, beginning in early 2018. The project is expected to take one year.
REGULAR ITEMS OF BUSINESS
ADOPTION OF PROCLAMATION RECOGNIZING OCTOBER 2017 AS DOMESTIC VIOLENCE
AWARENESS MONTH
Chairman White announced that Domestic Violence Shelter and Services has requested the Board consider
a proclamation designating October 2017 as Domestic Violence Awareness Month. He invited Andrea Stough,
Advocate/Outreach Coordinator with the Domestic Violence Shelter and Services, to make remarks.
Ms. Stough thanked the Board for the opportunity to speak on this matter and for considering the
proclamation. This morning Domestic Violence Shelter and Services held a memorial to honor those in our area who
th
have lost their lives to domestic violence. She invited the Commissioners to the October 12 Take Back the Night
March and Rally.
Commissioner Barfield commented on the importance that we, as a community, continue to bring awareness
of this dreaded issue in the community and be aware of the signs. He expressed appreciation to Ms. Stough and the
Domestic Violence Shelter and Services for bringing awareness to this community.
Chairman White stated that if anyone has an issue about whether or not this issue is pervasive in our
community, he invited them to sit in Judicial Courtroom 302 on any Friday morning and listen to the cases being
presented to the court. What is heard will humble a person.
Chairman White asked for direction from the Board.
Motion
: Vice-Chairman Watkins MOVED, SECONDED by Commissioner Kusek, to adopt a proclamation
designating the month of October 2017 as Domestic Violence Awareness Month. Upon vote, the MOTION
CARRIED UNANIMOUSLY.
A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book
XL, Page 38.5.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, OCTOBER 2, 2017 PAGE 882
INTRODUCTION OF THE COUNTY'S NEW PLANNING AND LAND USE DIRECTOR, WAYNE CLARK
County Manager Coudriet introduced the new Planning and Land Use Director Wayne Clark who joined the
County on September 26, 2017. Mr. Clark served for eight years as the City of Wilmington’s Planning Manager and
for ten years as the Development Services Director for Port Orange, Florida. The selection committee, which included
outside stakeholders, quickly identified Mr. Clark as being the right person to lead the Board's vision for what
development in the future will look like throughout the unincorporated parts of the County. He invited Mr. Clark to
make remarks.
Mr. Clark expressed appreciation for the opportunity to serve the people of New Hanover County and looked
forward to working with the Board and organization to make sure the Board’s vision comes to pass.
CONSIDERATION AND ACCEPTANCE OF GRANT AWARDS FROM THE NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION, APPROVAL OF BUDGET AMENDMENT FOR FUNDING AND
ADOPTION OF RESOLUTION TO AWARD CONTRACT FOR CONSTRUCTION OF THE MIDDLE
SOUND GREENWAY TRAIL TO LANIER CONSTRUCTION COMPANY, INC.
Parks and Gardens Director Tara Duckworth stated that this is the County’s first venture into multi-purpose
trails. The project consists of on-road bicycle lanes on Red Cedar Road, an eight-foot wide off-road multi-use path
from Red Cedar to Oyster Lane, on-road path along Oyster and Bright Leaf Road, and a pedestrian bridge connecting
to Thais Trail. In addition, a sidewalk will be installed at Ogden Elementary School to Kenmore Drive. This project
will link with the already constructed bike lanes along Covil Farm Road, connecting to the Cross City Trail on
Eastwood Road.
The Board is being asked to accept the grant awards from the North Carolina Department of Transportation,
approve the budget amendment for funding and adopt the resolution to award contract for construction of the Middle
Sound Greenway Trail to Lanier Construction Company, Inc. The additional funds from the NC Department of
Transportation (DOT) consist of a Federal Safe Routes to School grant increase in the amount of $110,000, with no
match requirement, and a Federal TAP (Transportation Alternatives Program) grant in the amount of $136,372 that
requires a County match of $34,093. The match is available in the Bike and Pedestrian Path Capital Project Fund.
In response to Board questions, Ms. Duckworth stated that there was no definitive explanation as to why the
Barnhill Contracting bid was much higher than the Lanier Construction bid. Both were provided the same
documentation. It may be that Barnhill Contracting is used to doing larger projects for DOT. With construction prices
increasing, Lanier Construction’s bid did come in higher than the estimate but not too far off. She is confident in
Lanier Contracting’s bid in comparison to the in-house estimates.
Motion
: Commissioner Zapple MOVED, SECONDED by Commissioner Kusek, to accept grant awards from the
North Carolina Department of Transportation, approve the budget amendment for funding and adopt the resolution to
award contract for construction of the Middle Sound Greenway Trail to Lanier Construction Company, Inc. Upon
vote, the MOTION CARRIED UNANIMOUSLY.
A copy of the resolution and budget amendment are hereby incorporated as part of the minutes and are
contained in Exhibit Book XL, Page 38.6.
PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY HELLMAN, YATES, &
TISDALE FOR OPTIMA TOWERS IV, APPLICANT, ON BEHALF OF THE PROPERTY OWNER, HOME
LIFE, INC., FOR A TELECOMMUNICATIONS TOWER ON A 0.80-ACRE PARCEL LOCATED AT 2020
CORPORATE DRIVE (S-630, 7/16)
Chairman White 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:
Brad Schuler
Ben Andrea
Ken Vafier
Wayne Clark
Ted Shipley
Joe Taylor
Jonathan Yates
Scott Holmes
Keith Powell
Ronnie Glover
Warren Atkinson
Robert Sink
Frank Styers
Chairman White 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 additional five minutes, if necessary,
for rebuttal. He then asked Current Planning and Zoning Supervisor Ben Andrea to start the presentation.
Current Planning and Zoning Supervisor Ben Andrea presented the request by Hellman, Yates, and Tisdale
for Optima Towers IV, applicant, on behalf of the property owners, Home Life, Inc. for a Special Use Permit (SUP)
to develop a 185-foot monopole wireless communications facility on .8 acres located at 2020 Corporate Drive, in the
Northchase commerce park.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, OCTOBER 2, 2017 PAGE 883
This request was initially heard by the Planning Board at their July 7, 2016 meeting and recommended
approval (5-0) of the SUP request with no conditions, citing the preliminary findings of fact prepared by staff based
on the information provided by the petitioner and presented at the public hearing. At the request of the petitioner, this
application was continued at the August 1, 2016, April 3, 2017, and July 17, 2017 Board of Commissioners meetings.
At the August 21, 2017 meeting, the Board granted the petitioner's request for the item to be continued to the October
2, 2017 meeting.
The property has been zoned Planned Development (PD) since the rezoning for Northchase in 1985. The site
is currently vacant and undeveloped. The site and surrounding area within Northchase commerce park are classified
as commercial/office/light industrial by the master plan for this section of Northchase. Land uses in the area consist
of light industrial uses. Trask Middle and Laney High Schools occupy R-15 zoning to the west of the Northchase
commerce park, and Olsen Park occupies R-15 zoning to the east of the site. As a note, Olsen Park is accessed from
the end of Corporate Drive. A drainage easement occupies the east of the property and remains vegetated, although
the rest of the site is cleared. A stormwater management feature abuts the site to the north, and light industrial uses
border the site to the south and west, across Corporate Drive.
The proposed tower is designed to accommodate at least five additional wireless communications providers.
The site design includes the monopole tower and a 70-foot x 70-foot equipment compound area that would be fenced.
The tower itself has to conform to 50-foot setbacks from Corporate Drive and the two adjacent properties, and a 185-
foot setback from the rear property line as it abuts residential zoning. A 25-foot wide landscaped buffer will envelope
the equipment compound and provide visual screening as required by the Zoning Ordinance. The site does not include
any special flood hazard areas or significant natural heritage areas, nor any known conservation, historic, or
archaeological resources.
The 2016 Comprehensive Land Use Plan classifies the subject property as Employment Center. The
Employment Center place type promotes development that serves as employment and production hubs where office
and light industrial uses predominate. It can include residential, civic, and recreational uses, but should be clearly
delineated from rural and conservation areas. Commercial uses designed to serve the needs of the employment center
are appropriate. Types of uses include office, industrial, single-family and multi-family residential, commercial/retail,
and recreation. The proposal is not in conflict with the Employment Center place type.
Four conclusions are required to be reached supported by findings of facts based on competent, material, and
substantial evidence and testimony in order to approve a SUP:
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 plan of
development for New Hanover County.
Staff has conducted an analysis of the proposed use and the information provided as part of the application package,
in addition to supplemental information provided by the applicant, and has created preliminary findings of fact for
each of the conclusions required to be reached to approve the SUP request. Based on the information provided at this
time, staff concludes that the request meets three of the four conclusions but is unable to conclude that Finding 2 can
be met, which is that the use meets all conditions and specifications of the Zoning Ordinance. Section 63.5-1(D)
requires that applicants seeking construction of new towers demonstrate through written evidence that collocation on
any existing tower or usable structure is not reasonable or possible. The most recent document submitted to staff is a
structural analysis report dated July 11, 2017, which is included in the agenda packets. It concludes that the Cape Fear
Public Utility Authority (CFPUA) water tower is not structurally sufficient to carry the load on it now, nor any new
load. The report makes recommendations for improvements to accommodate the existing and proposed loads.
Therefore, staff concludes that collocation on the water tower is possible with structural improvements. The
outstanding question remains of whether the required structural improvements are reasonable.
Chairman White stated that no one had signed up to speak in favor or in opposition of the request and invited
the petitioner to present comments.
Joe Taylor, attorney with Murchison, Taylor, and Gibson and representing the applicant, provided an
overview of the request stating there is a difference of opinion with Mr. Andrea. The petitioner believes the record
provides evidence that the water tank is structurally unsound for collocation. The structural engineering report clearly
shows that the CFPUA water tower is not suitable, cannot carry the present load, cannot carry any anticipated load,
and cannot carry any additional cell providers. During the July 2016 presentation to the Planning Board no one spoke
in opposition to this request. The Planning Board commended the petitioner’s team about how the application was so
well done which included the issue of reasonable or unreasonableness to collocate on the water tank.
As has been discussed, the only possible collocation in this Northchase area is the CFPUA water tank. Last
year, the CFPUA received a report stating that the water tower was structurally unsound. CFPUA then proceeded to
send out lease termination letters and ordered the carriers off the water tower in 60 days. The lease termination still
stands and has never been withdrawn. This created an unanticipated issue and in good faith the petitioner moved
forward with the application due to not knowing how long the water tank would last. It’s no longer being used as a
water tank as it is not structurally sound for such use and the only purpose it would have would be a municipally
operated cell tower. In August 2016, CFPUA decided to leave the water tower standing and since that time the
petitioner and its team have been negotiating this issue with CFPUA. The CFPUA recently sent an email via its
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, OCTOBER 2, 2017 PAGE 884
attorney that it has no objections to this cell tower site. It is felt without question that the material being presented to
the Board does comply with the ordinance requirement(s).
Jonathan Yates, attorney with Hellman, Yates and Tisdale on behalf of the applicant, Optima Towers IV,
complemented Mr. Andrea on his professionalism and exemplary work on this matter. The Planning Board
commended the application as it is an appropriately proposed project. It’s a 185-foot monopole, which is the
appropriate height to accommodate five carriers, and achieves all the necessary setbacks. It is being located on a light
industrial property in the Northchase commerce park. In addition to the monopole, which is the pole where the carriers
will go, there will be an eight-foot high cedar fence around the base and then 43 cypress Carolina sapphires to provide
a 100% opacity and a 25-foot wide buffer.
In regard to the first finding of fact, this facility is very important as it will improve and augment coverage
along the north of Murrayville Road, the Northchase residential neighborhoods and West I-40. It is important because
over 80% percent of 911 calls come from a wireless device. This project is designed to enhance that facility and their
ability to connect with first responders, fire, police and EMS. The applicant’s professional engineer, Habib Azouri,
has certified that the facility is designed in a catastrophic event to fall upon itself in a 55-foot radius, keeping inside
the Home Life, Inc. property. In addition, the facility has been certified to the ANSI/TIA-222-G standards which calls
for the ability to withstand 144 miles per hour wind. In terms of endangering public health and safety, the project
enhances public health and safety.
In regard to the third finding of fact that the project cannot substantially injure property values to abutting or
adjacent properties. As the site is surrounded by the Northchase commerce park, these kind of facilities do not injure
property values, in fact they enhance property values. Over 50% of American homes are wireless only. The trend is
going up every month and this service is no longer a luxury, it is a necessity.
In regard to the fourth finding of fact, the 2016 Comprehensive Land Use Plan is being met under the
Employment Center place type. The project is for a very short monopole which has been reviewed and approved by
the Federal Aviation Administration (FAA). The site is approximately 1.86 miles from the Wilmington International
Airport runway and the FAA has also determined that no illumination is required. Mr. Yates concluded his comments
stating that he believes the request meets and exceeds all ordinance requirements. He asked Warren Atkinson with
Tower Engineering Professionals to address the second finding of fact in regard to the structural analysis report.
Warren Atkinson with Tower Engineering Professionals stated that the purpose of the structural analysis that
was run for T-Mobile was to determine if the water tank structure that they are currently located on would be
structurally adequate to support the loading changes. The findings showed that the water tank was inadequate
structurally with the proposed loading and would require modifications in order to be suitable for T-Mobile to locate
their additional equipment on the tower. His firm’s estimate for T-Mobile is that it would cost approximately $110,000
to remediate the tank. This would include replacing the sway rods from 35-feet to 75-feet, as well as installing
additional steel on the catwalk hand rail to reinforce the baling mount members.
Robert Hill with T-Mobile stated that T-Mobile supports the application and is currently on the water tank in
question. T-Mobile cannot upgrade it without, in his opinion, unreasonable cost to bring it up to standards just for T-
Mobile’s current loading. In the future, T-Mobile will be able to come off of this structurally insufficient tower to a
brand new tower that meets all local codes and gain a little bit of height in the process, which will help customers in
the area. This is a very positive step in the right direction. In response to Board questions, Mr. Hill stated that T-
Mobile would have to bear the estimated $110,000 cost to upgrade the water tank.
Robert Sink with Verizon Wireless stated that Verizon Wireless also wanted to make modifications to the
water tank and has tried to make such modifications since 2015. There has been a lot of back and forth and CFPUA
has been unreasonable to work with. This seems to be the best and only choice for Verizon Wireless to upgrade in the
area.
Mr. Taylor stated that it's not proper to have private enterprise update a structure that's only going to be used
as a cell tower. T-Mobile’s cost would be just an upgrade of facility. If a new carrier were to be placed on the water
tank it would be almost $200,000, plus paying rent at market rate.
Chairman White asked CFPUA Chief Operations Officer Frank Styers to provide information concerning
CFPUA in regards to this matter. For the record, Mr. Styers stated that he was sworn in.
Mr. Styers stated that in November 2015 CFPUA had a structural evaluation done of the Northchase water
tank as part of its elevated storage maintenance program. The Northchase water tank was found to be the only one of
CFPUA’s 12 tanks that was operating in excess of its structural capacity. CFPUA did send letters to the three carriers
that had equipment mounted on the water tank and requested them to remove that equipment from the tank. The
structural engineering report also recommended an upgrade to this tank prior to hurricane season, which was June 2nd
of that year.
As CFPUA worked with the carriers, it was unsuccessful in getting the equipment removed so CFPUA
became compelled to upgrade the tank itself, which it did. The anti-sway rods between the ground and 30 feet up were
the big components of the tank that were stressed in excess of their capacity. One of the carriers did reimburse CFPUA
for 1/3 of the cost to upgrade the tank in the amount of about $37,433. CFPUA is still working with the other carriers
to get reimbursement for their proportionate share of those costs. However, CFPUA has no objections to building
another tower. The tank no longer provides structural benefit to CFPUA as it's too low. The water tank was transferred
to CFPUA upon consolidation and one of the lease agreements lasts until 2033. CFPUA has standardized its lease
agreements for shorter terms.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, OCTOBER 2, 2017 PAGE 885
Chairman White stated that no one signed up to speak in opposition or in favor of the request and closed the
public hearing. He opened the floor to Board discussion.
In response to Board questions, Mr. Styers stated that CFPUA upgraded the water tank to where it would
have enough structural integrity for the equipment that existed on the tank at that time. It was not upgraded to carry
additional equipment. In order to add additional equipment, it would require additional upgrades. The only reason
CFPUA still has the water tank is because it is being used as a cellphone tower. CFPUA would entertain more short
term leases with the goal being to have all the leases expire at the same time and then get out of the cell carrier business.
In response to Board questions, Keith Powell with Optima Towers IV, stated that it will take approximately
six months from construction start to complete the tower, weather dependent.
In response to Board questions, Mr. Styers stated that if the request was approved, the other two carriers
would have the ability to stay on the water tank or move to the new tower. He does not know whether they currently
have lease agreements with the CFPUA and if so, when the lease agreements expire. The other two carriers on the
water tank are Verizon and T-Mobile. These are the two carriers that have not paid their share of the upgrades.
In regards to whether the two carriers are indebted to CFPUA, Mr. Taylor stated he would disagree. The
structural improvements being discussed are improvements to the tank, not improvements allowing the cellphone
facilities to sit on the tank. The tank was structurally unsound. If a new carrier needed to go on the tank it would cost
approximately $200,000 plus paying rent at market rent, which is unreasonable. The result has been spending this past
year in negotiating these issues. There were many offers for payment, many conditions put on payments, along with
other issues and terms could not be worked out. Again, to pay $200,000 on top of the $37,000, is totally unreasonable.
In response to Board questions, Mr. Styers stated that the way CFPUA interpreted the lease agreement is that
the carriers are responsible for maintaining the structural integrity of the water tank. He cannot speak to the exact
wording of the lease agreement. He does not know if it is a triple-net lease. The water tank upgrades were completed
by June 2016 and the carriers have been operating since that time. The carrier that did pay its share, AT&T, has not
asked for a refund. They have been notified that the water tank will not be taken out of commission until all the leases
expire.
In response to Board questions, Mr. Taylor stated that the $110,000 is the cost to modify an existing service
already on the water tank. For a new carrier to be placed on the tank cost could cost $60,000 to $110,000 or more.
There's one cost for just updating what's on there now and a total different cost to put a whole new carrier on there. It
is his team and the engineer’s opinion, even if the structural update is done there's not going to be the ability to carry
another carrier. All three carriers want to be on the new tower for purposes of longevity. As new equipment comes
about it is heavier and larger. Having a new state of the art tower to be able to service that whole area would be a
wonderful thing in that area of the County.
In responding to Board questions, Mr. Styers stated that it was CFPUA’s hope to work with the carriers that
had equipment on the water tank to participate in the upgrade. The decision to move forward with the upgrade was
made before any mutual consent was reached and the funds were spent. There have not been any actions taken to
collect the money for a lease breach.
In response to Board questions, Mr. Andrea stated in regard to staff’s objection to the second finding of fact
not being met, staff is not allowed to provide any exceptions to the Zoning Ordinance when it comes to that particular
clause that requires an application such as this to show the impossibility to collocate. Staff received the report that
said upgrades could be done so staff concluded it was possible to collocate on the water tank. The discussion of costs
or whether it was reasonable, there was nothing submitted to the office or into the record prior to the public hearing
tonight to demonstrate that.
In response to Board questions, Mr. Taylor stated that $37,000 was to make the structure of the water tank at
the base more stable and not get blown over in a hurricane. It didn’t have anything to do with cell towers. There are
still on-going discussions with CFPUA about termination of the existing leases. When the notices of lease termination
went out and the carriers were given 60 days to get their equipment off, no one notified them about needing to pay
anything. The carriers were ordered off. It has never been changed and legally, the lease has been terminated by
CFPUA and never withdrawn. Discussions are still being held with CFPUA and will continue because the legal ends
need to be wrapped up. Discussion will not stop with CFPUA about what needs to be paid where and there will be a
long series of negotiations over coming months.
Deputy County Attorney Sharon Huffman stated that over the last year as this issue has been discussed, Mr.
Andrea has continued to convey to her that without the CFPUA basically saying they are ready to tear down the tower
or a mutual understanding among all of these parties that the updates necessary to that water tower could be mutually
agreed upon or until somebody could agree that it was unreasonable to upgrade the tower, that he was in some murky
water. This is why Mr. Andrea, with the blessing of his superiors, put in writing to the Board, that he felt as a staff
member that the applicant had not met the requirements of the ordinance. All he knew was that it was possible to
upgrade the tower. The Board has been told it would be a fairly substantial amount of money required to upgrade the
tower. The conversation that Mr. Andrea and she had earlier was that it was for this Board to decide whether it was
reasonable or not for somebody to spend that amount of money in order to upgrade the tower. Whatever was spent
before today and whatever might be spent after today to upgrade that tower is truly, she feels, an issue that needs to
be decided between those companies, CFPUA, and their lawyers. There are a lot of legal issues about who is
responsible for that money. It would be her advice to the Board that once it has determined that the applicant has met
the ordinance requirements, in other words that the Board has determined that it would be unreasonable to spend that
amount of money to upgrade the water tower, then they have met those four conditions. The Board placing a condition
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, OCTOBER 2, 2017 PAGE 886
on the SUP for T-Mobile and Version to pay a certain amount of money in order to get their SUP would, in her opinion,
not be a reasonable condition to place on the SUP.
Hearing no further discussion, Chairman White requested direction from the Board.
Motion:
Vice-Chairman Watkins MOVED, SECONDED Commissioner Kusek, to approve the request by Hellman,
Yates, and Tisdale for Optima Towers IV, on behalf of property owner, Home Life, Inc., for a Special Use Permit to
construct and operate a 185-foot monopole wireless communications facility at 2020 Corporate Drive, in the
Northchase commerce park based on the evidence presented and the findings of facts concluding that: 1) the use will
not materially endanger the public health or safety if located 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; and 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 plan of development for New Hanover County as
presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book
IV, Page 68.
PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY DESIGN SOLUTIONS ON BEHALF
OF THE PROPERTY OWNERS, ALLEN AND LYNN MASTERSON AND STEPHEN AND JAMES
MILLER ET AL, IN ORDER TO REZONE 7.27 ACRES LOCATED AT THE 5700 BLOCK OF CAROLINA
BEACH ROAD FROM B-1, BUSINESS DISTRICT, AND R-15, RESIDENTIAL DISTRICT, TO (CZD) B-2,
CONDITIONAL HIGHWAY BUSINESS DISTRICT, IN ORDER TO EXPAND AN EXISTING RETAIL
AND WAREHOUSING BUSINESS AND TO ALLOW FOR ADDITIONAL USES OF EXISTING
BUILDINGS LOCATED ON THE PROPERTY (Z17-10)
Chairman White opened the public hearing and requested staff to make the presentation.
Current Planner Brad Schuler presented the request submitted by Design Solutions, on behalf of the property
owners, Allen and Lynn Masterson and Stephen and James Miller et al, to rezone 7.27 acres of land, six parcels in
total, located at the 5700 block of Carolina Beach Road from B-1 and R-15 to (CZD) B-2 in order to expand an existing
retail and warehousing business and to allow for additional uses of existing buildings located on the property. The
property is in an area of Carolina Beach Road that is zoned for commercial and residential purposes.
This application proposes to expand an existing retail/warehouse business (Discount House). Specifically,
the Discount House will be expanded with the addition of a 30,000-square foot warehouse building. The application
would also require all the Discount House buildings to remain as a retail/warehouse use. Further, the application seeks
to allow that additional land uses be permitted within two existing buildings located in the southeastern portion of the
property (5717 and 5719 Carolina Beach Road). These additional uses are currently not permitted in the existing B-1
zoning district, but are permitted in the B-2 district. Overall, this application would limit the allowable uses to the
following 21 uses, some of which are already permitted in the existing B-1 zoning district:
Uses already permitted in the current B-1 District (will also be permitted in the proposed B-2 district):
1. Kennels; 2. Veterinaries; 3. Automobile Service Station; 4. General Merchandise; 5. Handcrafting Small
Articles; 6. Hardware; 7. Miscellaneous Retail; 8. Barber/Beauty Shop; 9. Business Services; 10. Personal
Services; 11. Watch, Clock and Jewelry Repair; and 12. Business and Professional Offices.
Additional uses to be permitted in the proposed B-2 District:
1. General Building Contractor; 2. General Contractor; 3. Landscaping Contractor; 4. Special Trade
Contractor; 5. Automobile Dealers and Truck Sales; 6. Boat Dealers; 7. Building Materials and Garden
Supplies; 8. Automobile/Boat Repair Sales; and 9. Automobile Rentals.
The applicant has provided trip generation numbers for the proposed warehouse expansion and for the
additional uses that would be permitted at 5717 and 5719 Carolina Beach Road. Those numbers illustrate that the
proposal will not generate more than 100 peak hour trips and therefore, a Traffic Impact Analysis (TIA) was not
required to be completed.
The 2016 Comprehensive Land Use Plan classifies the subject property as Urban Mixed Use. This place type
promotes development of a mix of residential, office, and retail uses at higher densities. Types of uses encouraged
include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi-family
residential. Overall, the proposed rezoning is consistent with the Comprehensive Plan. The expansion of uses, support
of existing businesses, and inclusion of multi-modal elements move the subject property closer to the ultimate vision
outlined in the Future Land Use Map and assist in meeting the plan’s goals for the Urban Mixed Use place type.
The Planning Board considered this application at their September 7, 2017 meeting and recommended
approval of the application (4-0) finding that the proposal is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the proposed
commercial and office uses are encouraged within the Urban Mixed Use place type.
2. Reasonable and in the public interest because the proposal will promote business success by expanding
an existing commercial area that contains similar uses.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, OCTOBER 2, 2017 PAGE 887
The Planning Board recommended the following conditions be added to the development and were agreed
to by the applicant:
1. The building materials retail use (Discount House) shall be limited to the below hours of operation. No
deliveries to the warehouse shall occur outside of the listed hours:
Monday-Friday: 7:00 am to 6:00 pm
Saturday: 9:00 am to 3:00 pm
Sunday: Closed
2. A 20-foot-wide easement shall be dedicated to the County along Carolina Beach Road for the purposes
of installing a future multi-use path in accordance with the Wilmington/NHC Comprehensive Greenway
Plan.
3. Land uses of the existing and proposed buildings shall be limited to those indicated on the site plan.
Chairman White invited the petitioner to make comments.
Cindee Wolf of Design Solutions, representing the property owners for the entire property, stated that staff
has done an excellent job. The Discount House has been in business for quite a few years and has continually expanded
as business has improved. It is really interested in this new warehouse so there aren't as many truck trips because right
now they have to have more trucks since there is not enough storage for the large loads.
The Miller property has been very underused. Although they have highway frontage, some of the highway
frontage types of businesses, the extra nine being requested, have been so limited. As they stood alone they couldn't
be zoned B-2 without being in a five-acre minimum district. The Mastersons joined in because it doesn’t matter to
them which district their property is in and Ms. Wolf thinks it’s an improvement overall for the future and for the tax
base. Staff’s consistency statements and the project are to the benefit of the County and the owners.
Hearing no further discussion, Chairman White closed the public hearing and requested direction from the
Board.
In response to Board questions, Mr. Schuler stated there are three driveways and they are in and out
driveways. In regards to the TIA analysis, there are a number of uses that can be allowed in the two buildings. It is
hard to say what exactly the buildings will be used for. As such, staff is trying to say if it was used for 100% of the
use that will generate the most trips, what would that be and would that exceed 100 peak hour trips if you add that to
the trips that are going to be added by the warehouse. So what is being proposed is not going to trip the 100 peak hour
threshold.
Motion:
Commissioner Barfield MOVED, SECONDED by Commissioner Zapple, to approve, affirming the
Planning Board’s statements that the application is consistent with the 2016 Comprehensive Land Use Plan and is
reasonable and in the public interest, with the conditions as recommended by the Planning Board. Upon vote, the
MOTION CARRIED UNANIMOUSLY.
A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP
OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby
incorporated as a part of the minutes and is contained in Zoning Book I, Section 4, Page 112.
PUBLIC HEARING AND APPROVAL OF SPECIAL USE PERMIT REQUEST BY DESIGN SOLUTIONS
ON BEHALF OF THE PROPERTY OWNER, CHURCH OF GOD OF PROPHECY, IN ORDER TO
OPERATE A PERSONAL CARE FACILITY ON 6.87 ACRES OF LAND LOCATED AT 1380 N. COLLEGE
ROAD (S17-03)
Chairman White 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:
Brad Schuler
Ben Andrea
Ken Vafier
Wayne Clark
Ted Shipley
Cindee Wolf
Rick Richards
Greg Katzman
Chairman White 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 additional five minutes, if necessary,
for rebuttal. He then asked Current Planning and Zoning Supervisor Ben Andrea to start the presentation.
Current Planning and Zoning Supervisor Ben Andrea presented the request by Design Solutions, on behalf
of Church of God of Prophecy, for a Special Use Permit (SUP) for the operation of a Personal Care Facility on a 6.87-
acre site located at 1380 N. College Road adjacent to Kings Grant. The site is zoned R-10 and R-15 and has been since
zoning was applied to this area in 1972. Zoning in the area is predominately R-10 and R-15 with single-family
residential uses adjacent to the site to the east and south. Just to the north of the site is a church within R-15 zoning.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, OCTOBER 2, 2017 PAGE 888
Across North College Road is another church that includes a school. The Conditional Use District (CUD) R-15 zoning
area to the north of the site was approved last month for 236 single family residential lots and 192 apartment units.
The site was developed for a church in 1975 and has been historically used as a church. For the last several
years the church occupying the site has also operated a child care center. The proposal is to utilize the three existing
buildings, with one of the buildings being expanded by 6,000 square feet. The site currently has limited landscaping
and buffering and no stormwater management. Current access to the site is through a driveway on the north of the site
to Kings Grant Road. Improvements will include increased parking and new internal circulation drives, improved
landscaping and stormwater management, and an additional driveway on the east of the site connecting to Kings Grant
Road. Additionally, an easement is proposed along N. College Road for a 20-foot wide pedestrian and non-vehicular
access easement for a future multi-use path as recommended in Wilmington/New Hanover County Comprehensive
Greenway Plan, and also a pedestrian access point to the property that provides multimodal integration into the
surrounding community. The existing driveway would be improved as required through the NC Department of
Transportation driveway permitting process. Kings Grant Road is a state-maintained road.
The proposal is for a new location for Elderhaus PACE, which is currently located on 17th Street near the
hospital in Wilmington. Elderhaus is an organization that provides total senior care for those aged 55 and older. It
provides medical care, adult day care, rehabilitative therapies, in-home care services, transportation, and counseling.
The facility is not an assisted living or independent living facility; there would be no overnight accommodations
offered at the facility. Daily participation would include up to 112 participants, many of which would be brought to
the facility by vans that provide home pick up and drop off. In addition to the participants, around 70 regular employees
would be on site daily. The zoning ordinances classifies this use as a personal care facility, which is allowed by an
SUP in the R-10 and R-15 zoning districts.
The 2016 Comprehensive Land Use Plan classifies the subject property as General Residential. This place
type focuses on lower-density housing and associated civic and commercial services. Housing for the area is typically
single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while
recreation and school facilities are encouraged throughout. Recommended types of uses include single-family
residential, low-density multi-family residential, light commercial, civic, and recreational. The proposal is consistent
with the goals of the 2016 Comprehensive Plan, as it re-uses and expands an existing non-residential site along a major
highway with a use that can provide community services.
Trips from the use are projected to be 64 AM peak hour trips and 82 PM peak hour trips. A TIA was not
required for this project because it didn’t meet the 100 peak hour trip threshold. N. College Road operates at a level
of service of D just north of the site, with a volume to capacity ratio of 0.75. A Wave Transit bus stop for Route 104
is located across N. College at the intersection of southbound N. College Road and Kings Drive. The NC State
Transportation Improvement Program includes two projects that will improve N. College Road in the vicinity of the
subject site. Project U-5792 will construct a grade-separated intersection at US 117 (N. College Road) and US 74
(Martin Luther King, Jr. Parkway), and Project U-5881 will widen College Road from Gordon Road to New Center
Drive to improve capacity and safety. Construction of both projects is expected to start in 2024. TIAs have been
approved for four development projects in the vicinity of the subject site, but the only project to install required
improvements so far is the new gas station on Gordon Road.
The Planning Board considered this application at their September 7, 2017 meeting and recommended
approval (4-0) of the request, citing the preliminary findings of fact provided by staff, with no conditions.
Staff has conducted an analysis of the proposed use and the information provided as part of the application
package, in addition to supplemental information provided by the applicant, and has created preliminary findings of
fact to support each of the conclusions required to be reached to approve the SUP request. These preliminary findings
of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in
support or opposition to the request that may be presented at the upcoming public hearing. Staff concludes that based
on the information presented with the application and supplemental correspondence, the four required conclusions
could be met to approve the SUP request.
Chairman White stated that no one had signed up to speak in favor or in opposition of the request and invited
the petitioner to present comments.
Greg Katzman, attorney with Shipman and Wright representing Elderhaus PACE and in limited capacity the
property owner, Church of God of Prophecy, asked Cindee Wolfe of Design Solutions to make the presentation.
Cindee Wolf of Design Solutions, representing Elderhaus PACE, stated Elderhaus is an important aspect to
our community service. The relocation of it will be a much-needed and appreciated increase of their services across
town from where they are currently located. As pointed out earlier, the site has been used consistently for institutional
type use. There is an agreement with all the findings that staff has labeled in their presentation. For each one of them
as far as public health, safety and welfare, the new plan is increasing that by adding another lane and the improvements
to stormwater management. As far as conditions and specifications, the project is increasing and bringing it more into
compliance with technical requirements and additional landscaping. As part of all these improvements it won't injure
the neighboring property because it is improving the site in its appearance and aesthetics. Letters were sent out, even
though in the SUP process there is not a necessity for a community meeting, to notify all the people directly around
the perimeter about what was going on. No issues were raised and the consistency with the Comprehensive Plan is
certainly to provide for the elderly, to increase services for the County and infill and make existing land more feasible.
Hearing no further discussion, Chairman White closed the Public Hearing.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, OCTOBER 2, 2017 PAGE 889
In response to Board questions, Ms. Wolf stated that while not shown on the exhibit the 20-foot wide
pedestrian and non-vehicular access easement will be along North College Road and inside the property line. There
has not been any discussion about placing a fence along West Rye Lane and North College Road. There would be
requirements for street yard landscaping. No reasons were seen for fencing as the uses are primarily internalized.
In response to Board questions about fencing, Elderhaus PACE CEO Rick Richards stated that brief
discussions were held about garden fencing that would be closer to the individual location and of course, considering
larger fencing around the edge of the property boundary would be an option. He would not object to a condition being
placed on the SUP of fencing being installed. It has been thought about as a secondary line of security for participants
at the center.
In response to Board questions about hours of operation, Mr. Richards stated typically if there is an activity
it would be during the daylight hours. The activities include community education, music, assembly, and other similar
programs. In regards to hours of operation, he did not have objections to the hours being set at 7:30 a.m. to 5:30 p.m.
Monday through Friday with the exception of special events that could extend to 9:00 p.m. and on the weekends for
occasional daytime events.
Hearing no further discussion, Chairman White stated that a Special Use Permit, which is denied, may only
be resubmitted if there has been a substantial change in the facts, evidence, or conditions of the application as
determined by the Planning Director. At this time, the applicant may ask to either continue the application to a future
meeting, or to proceed with this Board deciding whether to approve or deny the application. He asked the applicant
how he wished to proceed. Mr. Katzman, as the owners’ representative, stated that he wished to move forward. He
further stated that being required to install fencing along North College Road would be a potential issue with the
proposed easement. If it was to be entertained, it would only work along West Rye Lane.
In response to Board questions, Mr. Katzman stated that fencing has not been required for the current use as
a daycare and for supervised elderly, would not be a requirement. They would not want to build it and then have the
20-foot greenway easement come in, but aesthetically they do not have an issue.
A brief discussion was held about installing fencing on the North College Road side of the property. Ms.
Wolf stated that the two of the buildings on the North College Road side will only be for staff, materials, and storage.
There will be garden fencing in the area where the clients will be.
Hearing no further discussion, Chairman White asked for direction from the Board.
Motion:
Commissioner Zapple MOVED to approve the request by Design Solutions on behalf of the property owner,
Church of God of Prophecy, for a Special Use Permit in order to operate a Personal Care Facility on 6.87 acres of land
located at 1380 N. College Road based on the evidence presented and the findings of facts concluding that: 1) the use
will not materially endanger the public health or safety if located 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 plan of development for New Hanover County as presented
and with the following conditions:
1. A four-foot high fence be placed along West Rye Lane and North College Road/Highway 132;
2. Hours of operation: 7:30 a.m. – 5:30 p.m. Monday – Friday; with the possibility of special events going
until 9:00 p.m. and on weekends, special events during daytime hours would be acceptable as well.
The motion failed for lack of a second.
Chairman White asked if there were any other motions from the Board.
Motion
: Commissioner Kusek MOVED, SECONDED by Vice-Chairman Watkins, to approve the request by Design
Solutions on behalf of the property owner, Church of God Of Prophecy, for a Special Use Permit in order to operate
a Personal Care Facility on 6.87 acres of land located at 1380 N. College Road based on the evidence presented and
the findings of facts concluding that: 1) the use will not materially endanger the public health or safety if located 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 plan of
development for New Hanover County as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY.
A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book
IV, Page 69.
BREAK:
Chairman White called for a break from 5:46 p.m. until 5:53 p.m.
CONSIDERATION AND APPROVAL OF PROJECT GRACE REQUEST FOR PROPOSALS
RECOMMENDATION
County Manager Coudriet stated that this is not an ask to proceed with the project, this is an ask to have staff
develop a Request for Proposal (RFP). If the Board proceeds, it is not a commitment to entering into a development
agreement, only an RFP. The illustrations presented to the Board by the consultant are simply concepts and potential
policy choices that could happen on the block. No one should view the schematics as what a final design by a
development team may or may not include. It's the potential of putting those things on the site in any number of
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, OCTOBER 2, 2017 PAGE 890
different arrangements, assuming the Board went forward. The team managing this project was specifically asked to
maximize the development potential so New Hanover County and its citizens can enjoy the new tax revenues that
come from the development, and should the Board choose to make public investments, that serves as the revenue
source to help service the debt obligations. If the Board directs staff to develop an RFP, staff will bring it back to the
Board and brief it in detail so it is clear what is in the RFP, and ask the Board to consider approving it.
Strategy and Policy Coordinator Jennifer Rigby stated that in July, the Board received the results of a study
completed by Wilmington Downtown, Inc. (WDI) and Benchmark Planning. Since that time, staff has analyzed the
report, held community meetings and developed a recommendation to move forward. This is a multi-step process and
this step is not a legally binding decision. In reviewing the results, it is clear that they validate what City of Wilmington
planners already know, and are actively planning for, that downtown is poised to absorb some of the 65,000 residents
anticipated in the City over the next 25 years. City Planners shared that people want to live, work, and play in the
greater downtown area, making downtown Wilmington even more desirable. City Planners also shared that while
development is booming, it is estimated that approximately 46% of the total land area is vacant or underused. New
Hanover County finds itself in the unique position of being one of those property owners.
The purpose of this study was to explore options for this property that ensures value for the citizens of New
Hanover County, both now and for the future while maximizing private sector investment to increase the tax base
resulting in a return on any capital investment made by the County. She then presented the following information:
Study Elements:
Market analysis
Site analysis
Four Potential development opportunities
Policy Choices:
Scenario Scenario Scenario Scenario
Policy Choices 1 2 3 4
Captures full
market share
6 story height
12 story height
15 story height
new library
No improvements
to library or story
park
new museum
Project Grace Options:
Scenario 1 Summary:
6-story modern Library and apartments on Chestnut Street.
6-story hotel, condos, and retail on Grace Street.
Limits the full market potential of the site and prevents the best return on investment for the
County.
Scenario 2 Summary:
9-story modern Library and apartments on Chestnut Street.
5-story retail and hotel on Grace Street.
12-story retail, office and condos on Grace Street.
Captures the full market potential, which results in the buildings going up to 12 stories. This is
consistent with the Cape Fear Hotel just behind the Library block and it is also within the City
zoning requirements.
Scenario 3 Summary:
Library and Story Park remain in their current form.
15-story hotel and condos on Grace Street.
14-story retail, apartments, and office on Grace Street.
Includes the choice of no capital investment.
Captures the full market share on the Grace Street side of the block. This results in exceeding
the allowable height restrictions within the City with a 15-story building. This would require a
rezoning from the Wilmington City Council.
Scenario 4 Summary:
10-story modern Library, Cape Fear Museum and apartments on Chestnut Street (Library and
Museum located on first two floors).
5-story retail and hotel on Grace Street.
12-story retail, office, and condos on Chestnut Street.
Captures the full market potential.
Stays within the allowable 12-stories from the City’s zoning regulations.
Community Outreach:
Wilmington City Council; Friends of the Library; Library Advisory Board; Library Foundation
Board; Museum Advisory Board; Cape Fear Museum Associates; WDI Executive Board and Dream
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, OCTOBER 2, 2017 PAGE 891
Committee; Historic Wilmington Foundation; Residents of Old Wilmington; Rotary meeting;
Chamber of Commerce; and two County-led public meetings.
The community meetings have generated much public discussion on the options and there is a variety of
opinions on how best to move forward. The topics that have garnered the most discussion are the inclusion of
greenspace, the future of the existing Cape Fear Museum site (should it move downtown), and ensuring library and
museum services remain in the downtown area. There have been some questions regarding the historical significance
of the Belk and old Register of Deeds buildings. It is important to note that there is no historical designation by the
City of Wilmington that would prevent redevelopment of the Belk building. The old Register of Deeds building is
considered a “contributing structure” by the City of Wilmington. Because of this, the developer would have several
options to explore with presenting a design proposal.
In addition to the community concerns and questions about the project, there has been interest and excitement
at the possibilities of this site. Some believe that leveraging this asset to explore capital investments, such as a modern
library and museum, provides New Hanover County with a win/win scenario of increasing the tax base while
improving County library and museum services and revitalizing downtown Wilmington. Ms. Rigby then reviewed the
statutory requirements for a public-private partnership:
Statutory Requirements for Public-Private Partnership (PPP):
Local government to determine the scope of the project
Publish a request for proposals
Receive and evaluate responses:
Financial capacity
Experience with similar projects
Explanation of the project team
Timeline
Any other information required by local government
After a public hearing, select a proposal and negotiate a developer agreement
It is known by the County that it is in a unique position of exploring capital investments with a new revenue
stream to help pay for these capital investments. It is known that structural capital investments will be needed at the
downtown Library and the Cape Fear Museum in the near future to ensure services are maintained. It is known that
downtown is experiencing a significant amount of growth and this is anticipated to continue. It is known that the Cape
Fear Museum Advisory Board and Associates Board as well as the Library Advisory, Foundation, and Friends Boards
are supportive of the possibility of being located adjacent to one another on the downtown block. It is believed that
locating the Cape Fear Museum adjacent to the downtown Library can further enhance the services both institutions
provide. It is also believed that this block, now known as Project Grace, can be a successful public-private partnership
that increases private investment while enhancing County services.
Following the parameters of NC General Statutes and the data generated from the Benchmark Planning study,
staff’s major policy recommendations include:
Maximize market potential to help support capital investments
Limit height to 12 stories (allowed by right)
Include new 40,000 square foot library
Include new 40,000 square foot museum
In addition to the major policy recommendations which were explored in the Benchmark study, staff
recommends including information gathered through the public input process to maximize benefit to the project and
community.
During the public engagement meetings, a number of creative approaches were received as to how this project
could be developed in particular, how greenspace could be achieved, and how library services could be maintained
during construction. Because the County is required by state statute to select a developer with experience on similar
projects and staff believes there are many ways to accomplish the community goals of maintaining downtown library
services and greenspace, staff recommends focusing on the goals for the project instead of a predetermined approach.
This should give the developer the space to be innovative and creative while also understanding what our community
is trying to accomplish. Staff believes it will receive better proposals by using this approach and the Board will have
a number of options. Therefore, staff recommends an RFP also include:
Require public greenspace
Ensure size and mass of new structures are consistent with buildings in the vicinity and is pedestrian
friendly
Continue downtown library services during construction
Mitigate traffic conflicts with buses visiting library and museum
Next Steps:
Prepare an RFP with the major policy choices and public input included. Additionally, include
standard language that grants New Hanover County the right to reject any and all proposals and does
not commit New Hanover County to award a contract.
Conduct preliminary development work:
Environmental studies
Boundary survey
Acquire regulatory approvals from the City of Wilmington
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, OCTOBER 2, 2017 PAGE 892
Explore options for existing Cape Fear Museum site
Estimated Project Timeline – should the Board decide to move forward:
January 2017: Study Begins
July 2017: Study Results Presented
October 2017: Board of County Commissioners determines scope of project
Winter 2018: Issue RFP to development community
Summer 2018: Select Proposal
Summer 2019: Begin Construction
2021: Construction Complete
Vice-Chairman Watkins stated that in some of the local media reports it was stated that this is a $120 million
investment. For the record, none of the options exceeded approximately $21 million in public investment and the
actual amount is unknown until the proposals are received. There's been a lot of emotion to keep the current Library
in its current configuration, but it cannot be expanded. The County could provide, if it does just the Library or the
Library and the Museum, increased usable space downtown. If the unused or infrequently used collection of books
were moved to the Northeast Library, those books would still be available for circulation. If Administration moves to
the Northeast Library that would allow at the new location of 40,000 square feet, approximately 7,000 square feet of
more useful space at the downtown Library. That's a 20% increase. If this proceeds, there would be a different physical
configuration, but the services would not be sacrificed. In fact, they would be augmented. The current building housing
the Cape Fear Museum (Museum) was not built to house a museum. If the Museum moved to the same site as the
Library, it would not only gain 1,200 more square feet, but the other 38,000 square feet would be configured to be
more versatile. With that and the potential for combining the two in Scenario 4, the synergy between an educational
and a historical facility, the useful space of infrastructure, HVAC, meeting spaces, toiletries, etc., he committed that
the integrity of the old museum site would be paramount to him.
Commissioner Zapple stated that the scenarios are not really being stressed at this point. Rather, the
conversation has been shifted to a series of guidelines laid out by staff which will and has allowed for public comment
the Board and staff has received. He applauded staff for shifting to that path. It has made this entire process much
more flexible and he thinks the County will be much more successful in moving forward. He proposed some
amendments to the recommendations presented by Ms. Rigby:
Under Staff Recommendation #1: Issue Request for Proposal to the development community for the
downtown block known as Project Grace that includes the following policy choices and public input:
Subsections c and d: Increase in the square footage of the Library proposed to 45,000 square feet
and the same with the Museum.
Subsection f: add the wording “historical context of new structures, make sure it's consistent with
buildings in the vicinity and is pedestrian friendly.” Commissioner Zapple feels it is extremely
important for everyone that the County looks at what is happening downtown so we do not end up
with a glass and steel structure.
Under Staff Recommendation #2: “Conduct preliminary development work…”:
Add a subsection d which would call for the viability of underground parking on both Grace and
Chestnut Streets. Essentially, a study or an analysis of the viability of underground parking in all
of the scenarios. There is currently no surety as to whether that is even possible.
Subsection h: include parking space analysis that supports new housing units, office space, retail
space, the Library and the Cape Fear Museum. There has been a request that came forward from
the Museum Advisory and Associates Boards that there be the availability of free parking for both
their customers as well as their staff.
Under the analysis of expanding the existing parking deck and the viability of that section, Commissioner
Zapple stated that in particular at the community meeting held at the Library, there were a number of comments about
the possibility of expanding on the existing footprint of the existing parking deck. This would fit in with his previous
comment also about the parking space analysis. His concern is that since there is so much dependence on the
underground parking as part of this entire project, that there is a need to look very closely at ways to come above
ground and provide additional parking to make all these things work.
Commissioner Barfield stated that the County is at a crossroads, which is nothing new for the County. There
was a similar outcry when the County moved its offices from 320 Chestnut to 230 Government Center Drive.
However, the County was very methodical in buying the building that now houses the Government Center. It took
wisdom and forecasting the growth this community would have and making sure we had adequate space for all our
employees for the project to work. It also took some courage for the Commissioners to renovate the historic
courthouse. Both Blair and College Park Elementary Schools have been torn down, as well as Snipes Elementary
because the buildings were obsolete and will be or have been replaced with schools that serve the purpose for which
they were intended. The new Pine Valley Library being built to replace the current Myrtle Grove Library is to serve a
larger population who have come into the area since 1992.
As elected officials, part of our task is not to see the organization as we are today but to see 15 or 20 years
down the road and plan for that growth. That's why there are highway plans as well as the 2016 Comprehensive Land
Use Plan. The County is now in the process of building a new combination Health Department/Department of Social
Services building to create greater synergy and to give a better end product to our customers, which are the citizens
here. This is the opportunity to reimagine the Library and Museum and make it into something much better than it is
now, to give our kids, our grandkids, and our grandkids' kids something better.
Commissioner Barfield further stated he supports imagining the possibilities, seeing what comes back and
seeing how we can improve upon what we have to make this community the best that it can be. We are doing a lot of
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, OCTOBER 2, 2017 PAGE 893
things right to enhance the quality of our community. His goal is to continue to make sure we have a vibrant and
prosperous community and to also make sure downtown is vibrant and prosperous. He thinks downtown is looking
for something such as this to provide activities for the youth moving here along with the adults. He commended staff
for the work already done and the heat staff has taken. It’s interesting hearing folks comment on things while not
having all the information. He has spoken with several people and they have given him much to think about. Staff is
doing a great job in bringing this to the Board. It’s what the Board asked for and he is looking forward to getting to
the next phase.
In response to Board questions, Ms. Rigby stated that how it would work in the public/private partnership,
the maximum private investment would generate ad valorem taxes for the County, so it would increase the County's
tax base. That revenue could then offset the cost of capital investments such as the Library and/or the Museum. It's
a very unique position for the community to be in this situation where we can explore this option.
In response to Board questions, County Manager Coudriet stated that staff is trying to avoid being overly
prescriptive in what the developer might suggest. While long-term the developer may not suggest moving the Library
to the Grace Street side, certainly what is to be built on that side could be constructed first and accommodate the
Library, on a temporary basis, until it was reconstructed on the Chestnut side. The developer also may say the Library,
long term, needs to be on the Grace Street side, so it would be built and the Library would continue to operate where
it is until it was ready to occupy its new space. All believe it would be phased, which is why we believe we can
accommodate, irrespective of what the developer's plans are of which corners best support which services, that we can
continue to meet the public purpose need and function of library services downtown. Staff does not have a grand
definition of where the Library, the Museum, apartments, condominiums, or a hotel may or may not be on the block.
The only thing that staff can say definitively is where the parking deck is, but it could be a parking deck that is
expanded.
Commissioner Zapple stated that he knows there's been a lot of concern about what would happen to the
Cape Fear Museum site as it currently is and how it would be factored in. Going back to the staff recommendations,
he wants to re-emphasize that staff recommendation #3 states: Explore future options for existing Cape Fear Museum
site to include preservation of the museum park, as practicable. This is an important recommendation to him and others
in the room that there is a clear understanding of what's going to happen to that site working on a parallel track with
anything that will be done on the Project Grace site as well. The public has been loud and clear in their concern on
this and the Board and staff have heard that and that will go forward as one of the priority guidelines.
County Manager Coudriet stated that what’s not written on the sheet but inferred and perhaps the Board
would be more comfortable with it written, but that would be a parallel effort. Once the solicitations are out there and
as the County is evaluating the proposals, staff is suggesting to the Board that staff, on a parallel effort, begin the
process of working with all of those interested in determining how to repurpose the Museum. That would not be a
decision that is deferred until a development agreement is entered. It may be funded via a development agreement,
but to answer the question of what the future of that site holds, sooner rather than later.
Commissioner Kusek stated that one of the things also heard at the public meetings was the greenspace issue
and the visibility of the greenspace. She asked that another action to be added, in addition to Commissioner Zapple’s
requests, is to include the visibility of the public greenspace. Knowing whatever the Board decides, it needs to be
broad in the direction that it gives so as not to miss an opportunity while moving forward.
County Manager Coudriet stated that in regard to the added items, staff fully endorses those. It adds more
specificity, clarity, and guidelines to the developer.
In response to Board questions, Ms. Rigby stated the current downtown Library is about 100,000 square feet.
A lot of the space within the library, because of being originally designed as a Belk building and not as a library, is
not sufficiently used. Usable space is only about 67,400 square feet, so there's a considerable amount of underutilized
space within the Library including the atriums, stairwells, etc. that were better served as a department store as opposed
to a library. Additionally, there is about 20,000 square feet in the basement which has water intrusion problems and
needs capital investment to address the problems. There is also about 15,000 square feet of administrative office space
on the third floor. Structurally, the third floor cannot hold the weight of the books and the stacks associated with
expanding the library and as such would not work for an expansion. This leaves about 32,000 square feet of available
space, should storage and administrative offices be moved offsite.
In response to additional Board questions, Ms. Rigby confirmed that the building as it stands today would be
incredibly expensive to repurpose and the County would still end up with framework of a 60-plus year old building.
There have also been a number of modifications to the building’s façade that call into question any historical integrity
of the building. Additionally, the City has not determined it to be of historical significance.
Commissioner Zapple stated the Cape Fear Museum building, as far as trying to repurpose it or work within
that structure to increase ceiling heights, has been looked into by staff and the Property Management Department. The
HVAC system is old and failing and would cost a significant amount to replace. The water issues are even more
dramatic in the basement and are causing deterioration of the storage of the artifacts. It has also been difficult to
improve technology throughout the building. He asked Ms. Rigby if she was aware of anything else with the Museum.
Ms. Rigby stated that as far as the building itself, it is really a building within a building and there are some
configuration limitations as far as how the exhibits are handled. The County has a great track record of repurposing
older buildings and this is an example, but there are challenges in doing that and the Museum is experiencing some of
those challenges.
In response to Board questions, Ms. Rigby stated that without hesitation, she does see this as an opportunity
for the community.
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REGULAR MEETING, OCTOBER 2, 2017 PAGE 894
In response to Board questions, County Manager Coudriet stated that he believes with the changes
recommended by Commissioner Zapple and Commissioner Kusek, staff has enough to begin developing the RFP,
which will be brought back to the Board to give the Board the opportunity to tell staff whether or not they have
complied with the Board’s policy directive. Along the way, if there's something that's identified that is needed, staff
will include it, and if there are things as the Board hears from the community or business in general that should be in
that solicitation, it will be included as well. If the Board directs staff to go forward it is not the end, it's the beginning.
It will be written consistent with the outline that Ms. Rigby gave and the additions that have been recommended.
Chairman White requested that the RFP include a scenario about renovating the buildings. He asked County
Manager Coudriet if that would add a lot of cost to the RFP. In response, County Manager Coudriet stated that the
way staff is recommending the RFP, these analyses are costs that would be ultimately assigned to the developer. As it
relates to the Library, it would be staff’s opinion to answer what it would take to preserve the Library where it is and
accommodate the private development around it, could be a part of the RFP. Staff would ask the developer in their
proposal to bear out those costs for the analysis. As it relates to the Museum, as it is offsite, he is unsure that it could
be fairly asked of the developer to address that, but it is certainly something that staff can factor for costs and proceed
with.
Commissioner Zapple stated that he supports Chairman White’s request.
In response to Board questions, County Manager Coudriet stated that to proceed into a development
agreement would require a public hearing. He does think once the RFP is set and issued it would be difficult to change
the rules on the developer mid-stream. This is why staff wants to take the time and be very thoughtful and bring back
to the Board for public inspection what is in the RFP without being prescriptive in what to do and how to do it, but to
be very clear about what are the parameters. All are sensitive and recognize that if we proceed as a community we
will live with what happens on that lot, with what happens to the Library, what happens to the Museum, and what
happens with the private development. No one is afraid about being crystal clear about parameters. As long as the
Board is good with that, he thinks staff can get to the very point the Board is making.
In response to Board questions, County Manager Coudriet stated that this process would be very similar to
how the 320 Chestnut project was handled. Commissioner Barfield stated when looking at the 320 Chestnut building,
the options considered were tearing the building down and building brand new or gutting and refurbishing the building
and the associated costs for each. There was a $4 or $5 million difference between the cost of tearing it down and
gutting it. In the end, he thinks the County came up with a good product while preserving some of the historical
integrity in that particular block. That was a decision the Board made once it had information back from staff.
County Manager Coudriet stated that, in particular with the Library, it is possible that a developer will come
back and say the County can do what it wants to do from public improvements and the private sector can do what it
wants to do with some of the footprint looking as it does. The answer is just unknown and the process would look
very much like the 320 Chestnut process.
Commissioner Zapple stated that this RFP will provide a clear decision-making tool by including what it
would take to renovate the Library. To get the most out of it will include some major changes within the Library. At
that point when that information is available, the Board can make a decision for which path to take. This will help
clarify that to the public as well as to the Board and he would support that.
County Manager Coudriet stated that staff will include the analysis of repurposing and reusing the existing
library space as a library.
In response to Board questions, County Manager Coudriet stated that he thinks for a proposal to be a
responsible response it would have to address all the things the Board has identified or make an articulated statement
as to why that’s not reasonable and attainable. Staff tried to avoid recommending any of the scenarios, but instead ask
that the Board include these deliverables as part of the Library and so, as part of the RFP. One of the deliverables that
staff would add would be committing to and evaluating how to repurpose and reuse the existing space but still achieve
45,000 square feet of usable space each for the Library and Museum and have preservation of public space.
Commissioner Barfield stated that he thinks it will be clear and even if the Library is repurposed, there is still
the problem of the Museum to be dealt with. From an economic stand point, he thinks it will be found that trying to
do both would be cost-prohibitive. Doing the rough numbers, he can see where it will be outside the scope of what we
want to do. If you just focus on one you still have to take care of the other one and that's going to be expensive.
Chairman White stated that he agrees with Commissioner Barfield. He thinks the decision down the road is
going to be more difficult and we'll all have different views or other commissioners in the future might have different
views on why it's easy or hard, but his will be the affordability of it and the models of debt amortization and revenue.
Chairman White asked if there was any further discussion by the Board.
Commissioner Zapple added to Chairman White’s comment on the financial front, also considering what best
fits the need of the community as well. He thinks this process as outlined tonight brings forward the series of options.
The Board will have a much clearer idea of the available options and which direction it wants to go.
Motion:
Commissioner Kusek MOVED, SECONDED by Commissioner Zapple to direct staff to issue a Request for
Proposal to the development community for the block known as Project Grace that includes all of the policy choices
and input that the Board has all collectively provided during this meeting. Upon vote, the MOTION CARRIED
UNANIMOUSLY.
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 33
REGULAR MEETING, OCTOBER 2, 2017 PAGE 895
PUBLIC COMMENTS ON NON-AGENDA ITEMS
Chairman White reported that no one had signed up to speak on non-agenda items.
ADDITIONAL ITEMS
County Manager Coudriet reported that Soil and Water Conservation District’s Outdoor Environmental
Learning Centers, which the Board has partnered with the District for the last several years, was recognized as the
exceptional environmental education program for the Outdoor Environmental Learning Centers and that was issued
by the Environmental Educators of North Carolina.
Commissioner Zapple asked that the Board acknowledge Mr. Joe Augustine and read a short proclamation
in his honor stating:
WHEREAS, Joseph F. “Joe” Augustine graduated from the University of North Carolina at Chapel Hill with
a Master’s Degree in Education. He played three years of varsity football at Carolina including Sugar and
Cotton Bowl teams and was also a varsity wrestler for three years; and
WHEREAS, Joe was the Founder and Executive Director of the Chapel Hill-Carrboro Chamber of Commerce
from 1963 to 1978; and
WHEREAS, Joe was the CEO of the Greater Wilmington Chamber of Commerce from 1978 to 1994; and
WHEREAS, since Joe and his wife, Carolyn, came to Wilmington they have made outstanding contributions
through community organizations. Joe’s participation includes Rotary Club, Jaycees, Boy Scouts, American
Legion Youth Baseball, Salvation Army, Wilmington Boys Choir, St. Paul’s Evangelical Lutheran Church,
and others; and
WHEREAS, on October 3, 2017, Joe will commemorate his ninetieth birthday; and
WHEREAS, the New Hanover County Board of Commissioners wishes to recognize Joe Augustine for his
outstanding leadership and contributions to New Hanover County.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that
October 3, 2017 will be acknowledged as “Joe Augustine Day” in New Hanover County.
ACKNOWLEDGED this the 2nd day of October, 2017.
Commissioner Zapple thanked the Board for that point of privilege.
ADJOURNMENT
There being no further business, Chairman White adjourned the meeting at 6:57 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.