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2018-12-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 235 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, December 3, 2018, 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 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 Pastor Mike Ashcraft, Port City Community Church, provided the invocation and Commissioner Kusek led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES Chairman White requested a motion to approve the minutes of the Regular Meeting held on November 13, 2018. Motion: Commissioner Kusek MOVED, SECONDED by Vice-Chairman Watkins, to approve the minutes of the Regular Meeting of November 13, 2018 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. PRESENTATION OF APPRECIATION GIFT TO VICE-CHAIRMAN WATKINS Chairman White, on behalf of the Board, presented a plaque to Vice-Chairman Watkins in recognition and appreciation of his four years of service as a New Hanover County Commissioner, serving two years as Vice- Chairman, and for a lifetime of service to this community. Commissioner Watkins stated that this has been one of the greatest times in his life to spend four years serving 230,000 citizens of New Hanover County and working with the greatest County staff and Commissioners. He has never worked with a greater group of people and the Commissioners are his friends. He asked the community to trust Cape Fear Public Utility Authority (CFPUA), they are on top of GenX and are doing the best they can. It has been a great honor to serve on that board. He also expressed appreciation for being able to serve on the New Hanover Regional Medical Center Board of Trustees. He has learned much during his time on that board and looks forward to following and watching the hospital grow. Although he will be unable to finish it, he is glad to have initiated the stormwater program. Hurricane Florence reminded everyone of how delicate our infrastructure is and hopefully the next board will follow-up on the stormwater program for the unincorporated area. He thanked everyone for all the work they did with Hurricane Florence and expressed appreciation for all the friends he has made. OATHS OF OFFICE ADMINISTERED The Honorable James H. Faison, III, North Carolina District Court Judge Fifth District, administered the Oath of Office to Commissioner Julia Olson-Boseman. The Honorable J. H. Corpening, II, Chief Court Judge Fifth District, administered the Oath of Office to Commissioner Rob Zapple. Commissioner Zapple thanked all of his supporters attending the meeting in person, those watching on television and social media, and those joining him and his family to celebrate this wonderful occasion. He thanked his daughter Zoe and grandson Jamison, who held the Bible so perfectly, his son Holden and grandson Hank for traveling from out of town to be here and his wonderful, beautiful wife Michele. He thanked them for their love, support, and patience with him all of these years. He would not be here without their good advice, help, and love. He thanked the members of his campaign team and the dozens of volunteers who worked tirelessly over the past 12 months to get him to this day, for their faith in him, and for keeping him focused. He also thanked County Manager Coudriet, the Executive Leadership Team, and County staff for their patience with him. He knows he can be impatient at times and he gets frustrated with the pace of government. The County staff and Executive Leadership Team have helped him to become efficient, well-educated, effective, and a better county commissioner over the past four years. To his fellow commissioners, including Commissioner Watkins, he thanked each of them for their guidance, suggestions, and constructive criticisms. The relationships that have been forged over the past four years have helped this County in many ways by putting it on a path of financial stability while making significant progress on achieving the goals laid out in the County’s strategic plan. Looking forward, he is excited by the challenges faced in New Hanover County and the opportunities created by solving the challenges. Some areas he knows will be focused on in the upcoming year:  Education: Continued strong support for public educational systems from pre-k through the community college is vital. A strong educated workforce is key to our success in every area of the County.  Taking the necessary steps to clean up our drinking water and whatever action is needed to hold those who have caused the pollution legally and financially accountable for their actions and not the ratepayers of New Hanover County. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 236  New Hanover County needs its film industry back. Work needs to be done on passing legislation in Raleigh to restore the film tax policy and addressing the lingering effects of HB2 and HB142 that continue to be barriers for film production in North Carolina. Film and television projects are needed to once again fill the ten sound stages located on 23rd Street. Film equals jobs.  Protecting our unique coastal environment, beaches, Cape Fear River, marshes, and estuaries that are critical to the survival of New Hanover County and its tourism economy. These areas were responsible for over $600 million in revenue and sales tax last year. Support needs to be given to the efforts of the General Assembly to fully fund the coastal storm damage reduction fund and continued funding for dredging the inlets and waterways.  Safeguarding and strengthening the sound financial plan the Board has established under the watchful eye of Chief Financial Officer Lisa Wurtzbacher. This has earned the County a Triple A bond rating for the sixth year in a row, putting New Hanover County in the top tier of the 3,069 counties across the United States. It allows New Hanover County to borrow on the bond market at the lowest interest rate possible and saves the taxpayers of New Hanover County millions of dollars every year through interest payments that do not have to be made.  Continue the work of revising the Unified Development Ordinance (UDO), which has been untouched in most cases for almost 40 years, under the leadership of Planning and Land Use Director Wayne Clark. It is a daunting task, but absolutely vital and important work in looking to the future. This revised UDO will be a companion piece to the 2016 Comprehensive Land Use Plan and provide the enforcement to allow the vision of the Comprehensive Plan to become a reality.  Following through with the development of a New Hanover County stormwater ordinance as mentioned by Commissioner Watkins. It will provide the strategies and funding to solve the stormwater runoff and flooding issues that have impacted the unincorporated portion of New Hanover County.  Working and cooperating with fellow elected officials on the Wilmington City Council.  Taking the lead to reach out to the neighboring boards of commissioners to develop a regional voice to benefit the citizens of this entire region when advocating for issues at the legislature in Raleigh that affect all of southeastern North Carolina.  In the aftermath of Hurricane Florence and with strong financial support of the federal and state governments through emergency disaster and recovery funding, New Hanover County will now have a window of opportunity to rebuild and recover from the effects of the storm. The challenge is to rebuild stronger and smarter to create a more resilient county with an infrastructure to withstand future storms. This includes taking a hard look at the flood maps, building codes, guidelines for small development, making sure existing small businesses are well-prepared for the future and helping them in the critical 12 months after Hurricane Florence. These efforts will help New Hanover County to not experience what FEMA’s historical data shows, which is a 40% loss of small businesses after the first year of a storm or other disaster in this size community. Commissioner Zapple concluded his remarks stating these are just a few of the challenges the County will be facing in the future. He is excited by the possibility of finding solutions to all these issues and many more as the books are closed on 2018 and we move into 2019. He looks forward to working with his fellow commissioners and the talented staff here in New Hanover County. He asked that everyone wish us luck and stated that in keeping with the festive season, God bless us every one. Copies of the Oaths of Office are hereby incorporated as a part of the minutes and are contained in Exhibit Book XLI, Page 19.1. Chairman White recognized City of Wilmington Mayor Saffo and Councilmembers, City Manager Sterling Cheatham, and Senator-Elect Harper Peterson and thanked them for attending the meeting. ELECTION OF CHAIRMAN AND VICE-CHAIRMAN FOR THE ENSUING YEAR Members present were: Commissioner Jonathan Barfield, Jr.; Commissioner Patricia Kusek; Commissioner Julia Olson-Boseman; Commissioner Woody White; and Commissioner Rob Zapple. County Attorney Copley opened the floor to receive nominations for Chairman of the Board of County Commissioners for the ensuing year. Commissioner Kusek nominated Commissioner Barfield as Chairman of the New Hanover County Board of Commissioners for the ensuing year. Commissioner Zapple also nominated Commissioner Barfield as Chairman of the New Hanover County Board of Commissioners for the ensuing year. He stated that it is a pleasure and honor to nominate his friend and colleague Jonathan Barfield. He has served on the Board ten years including two previous terms as chair. In addition to his experience, he has demonstrated the temperament and leadership to guide this Board as it faces the challenges ahead. Jonathan’s experience and seniority on the Board make him the perfect choice. In addition to the support of Democrats, he enjoys the respect and confidence of Republican colleagues. Commissioner Zapple stated that during the recent campaign, he spoke of the need to put politics aside and focus on our future. Under Jonathan's leadership, he is confident that the Board can do just that and the Commissioners can work together for the good of the County and all of the residents. Commissioner Kusek and Commissioner Zapple seconded each other’s nomination. There being no further nominations, County Attorney Copley declared the nominations closed and called for a vote on the nominations. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 237 Vote: The Board voted UNANIMOUSLY to elect Commissioner Barfield as Chairman of the New Hanover County Board of Commissioners for the ensuing year. County Attorney Copley opened the floor to receive nominations for Vice-Chairman of the Board of County Commissioners for the ensuing year. Commissioner White nominated Commissioner Olson-Boseman for Vice-Chairwoman of the Board of County Commissioners for the ensuing year. Commissioner Kusek seconded the nomination. Commissioner Barfield nominated Commissioner Zapple for Vice-Chairman of the Board of County Commissioners for the ensuing year. There being no further nominations, County Attorney Copley declared the nominations closed and called for a vote on the nominations in the order received. Vote: The Board voted 3-2 to elect Commissioner Olson-Boseman to serve as Vice-Chairwoman of the New Hanover County Board of Commissioners for the ensuing year. The vote passed with Commissioner Kusek, Commissioner Olson-Boseman, and Commissioner White voting in favor. Vote: The Board voted 2-3 to elect Commissioner Zapple to serve as Vice-Chairman of the New Hanover County Board of Commissioners for the ensuing year. The vote failed with Commissioners Barfield and Zapple voting in favor. County Attorney Copley stated based on the vote, Commissioner Olson-Boseman was elected as Vice- Chairwoman. Chairman Barfield stated that he is looking forward to the opportunity and honor to serve as Chairman of the Board of County Commissioners. He walks in the footsteps of this great man named Jonathan Barfield, Sr. Many know him as Joe Barfield who is his father. He served on this board for 12 years from 1980-1992. He watched his father serve and said he would never do what he was doing based on what he saw his father doing, but here he is. So many times people confuse him for his father. When he ran the first time many people thought his father was running and would say “Joe, I’m supporting you.” His response would be “No I’m Jonathan Barfield, Jr., I’m not Joe.” He knows he walks in big footsteps. He looks forward to serving his fellow commissioners and this community. Chairman Barfield further stated that his goal is to continue to help New Hanover County rise to a standard where it is looked to as the economic development leader in southeastern North Carolina, looked to as the business leader in southeastern North Carolina, and looked to as a leader, period, in southeastern North Carolina. He knows that with Woody, Julia, Pat, and Rob they are going to continue to do great things. The Board has a great County staff with the County Management Team, Avril Pinder, Tim Burgess and our great County Manager Chris Coudriet. As he often says about our Sheriff, he is the greatest County Manager this side of heaven and he is looking forward to having some great years ahead, doing some great things for this community, and again looking forward to serving together. Vice-Chairwoman Olson-Boseman stated that she wanted to thank Senator White. She thinks everyone has been used to Commissioner White and her fighting each other for the past 15 years. For the next two, hopefully four, they are going to be working together and trying to serve together for the common good of this County. A few days after the election, she contacted Commissioner White and he graciously met with her and that was the first conversation they ever had in 15 years. She is looking forward to getting to know him better as a person as well as Commissioner Kusek and is looking forward to seeing what they can find in common. It means a great deal to her to have Woody White nominate her for Vice-Chairwoman of the County Commissioners. She feels it is huge, a wonderful olive branch, and an opportunity to work together as Democrats and Republicans. She thanked Commissioner White again for the nomination. Vice-Chairwoman Olson-Boseman further stated that the person she hardly ever thanks and wants to thank is the person who is the reason she is here, the reason she ran, the reason she was pushed to run, the person that gets up at 5:45 a.m. every morning to take care of the dogs and kids, take the kids to school, pack lunches, and is there every night with dinner for their family, her wife Angie Olson-Boseman. She also thanked Hollis Briggs, everyone that supported her, and even those that did not. She is confident that this group is going to do great things together. BREAK: Chairman Barfield called for a break at 4:15 p.m. until at 4:25 p.m. BOARD SEATED FOR 2018-2019 Members present were: Chairman Jonathan Barfield, Jr.; Vice-Chairwoman Julia Olson-Boseman; Commissioner Patricia Kusek; Commissioner Woody White; and Commissioner Rob Zapple. RECOGNITION AND PRESENTATION OF A PLAQUE TO COMMISSIONER WOODY WHITE FOR HIS SERVICE AS CHAIRMAN OF THE BOARD OF COMMISSIONERS FOR THE PAST TWO YEARS Chairman Barfield recognized Commissioner White for his service as Chairman of the Board of Commissioners from December 19, 2016 to December 18, 2017 as well as December 18, 2017 to December 3, 2018 and presented a plaque to him. He expressed appreciation to Commissioner White for his leadership and service as NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 238 Chairman, stating that he watched Commissioner White rise to the occasion during Hurricane Florence. He was out on the forefront of everything, always visible, always there, encouraging our citizens and letting people know everything would be alright. He really showed great leadership throughout that moment as well as the last two years as Chairman. He looks forward to serving with Commissioner White and thanked him again for his service as Chairman to this Board. Commissioner White expressed appreciation for the opportunity to serve as Chairman and to serve the community. 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 Adoption of State Road Resolution – Governing Body The Commissioners adopted the North Carolina Department of Transportation (NCDOT) State Road Resolution in support of adding the following road to the state system:  Skeet Road located within section 2-D of Greenbriar subdivision, section 2 of Carmel at Vineyard Greens Subdivision, Laurenbridge subdivision, and revision of section 2-B of Beacon Woods subdivision in New Hanover County (Division File No: 1266-N) A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 19.2. Adoption of a Resolution Authorizing the Repair, Restoration, and Binding of Register of Deeds Record Books – 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 19.3. Approval of 2018-2019 Board of Education Budget Amendments #1, #2, and #3 - Finance The Commissioners approved the 2018-2019 Board of Education Budget Amendments #1, #2, and #3. On October 9, 2018, the Board of Education approved two budget amendment #1 and #2 and on November 9, 2018 budget amendment #3 was approved:  Budget Amendment #1:  Appropriates fund balance for initial Hurricane Florence emergency repairs ($4,000,000)  Carries over purchase orders and projects ($466,825), school allotments ($622,441), at-risk services ($47,913), and Board of Education expenses ($10,500)  Budgets for a donation from WBS Foundation to cover one teacher assistant and one tutor ($45,208)  Carries over ongoing capital projects funded in prior years ($79,932,188) and budgets for approved lottery applications ($506,840)  Records and budgets for sales tax refunds ($3,665)  Budget Amendment #2:  Appropriates insurance proceeds and additional fund balance to cover hurricane repair expenses ($5,000,000)  Budget Amendment #3:  Revises Hurricane Florence budget by reducing insurance proceeds and increasing appropriated fund balance to cover expenditures ($2,511,116) and reduces appropriated fund balance in the general fund for hurricane expenses being paid for through the State Hurricane Florence Disaster Recovery Fund allotment ($600,000)  Increases budget insurance proceeds for Parsley playground equipment repairs ($14,385)  Records additional funds allotted by DPI for Veteran’s Park Boiler Replacement project ($93,500) ADDITIONAL ITEMS OF BUSINESS PRESENTATION OF AN UPDATE ON THE SMALL BUSINESS ADMINISTRATION (SBA) DISASTER ASSISTANCE Chairman Barfield stated that before proceeding with the regular agenda, the Small Business Administration (SBA) will provide an update on its loan program in an effort to reach disaster survivors in this community who were NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 239 effected by Hurricane Florence. He invited Arlene Diaz-Carrero, Public Affairs Specialist, Office of Disaster Assistance – FOCE, U.S. Small Business Administration, to provide the update. Ms. Diaz-Carrero thanked the Board for the opportunity to provide an update on the SBA disaster assistance program. As of today in North Carolina, the SBA has approved over $324 million in loans. The primary reason for the update is to announce that the SBA deadline for physical damage is December 13, 2018 and survivors can still submit their applications. Here in New Hanover County, the SBA is grateful for the help that the County has provided to its program. There are two recovery centers here, one at Independence Mall and one at the Business Recovery Center located in the Wilmington Chamber of Commerce. Most of the SBA loans have been approved to homeowners and renters. The SBA teams are trying to spread the word to businesses to move forward with submitting applications. Businesses can apply for physical damage loans, but again the deadline is December 13, 2018. Businesses can also apply for working capital. A lot of businesses were closed and effected economically so it is important for them to understand that while they may not have had physical structure damage to their building, they can still apply for working capital. Various federal agencies are providing assistance, but the SBA assistance is in the form of low-interest loans for survivors of Hurricane Florence. For homeowners and renters interest rates are as low as 2%, for nonprofit organizations the interest rate is as low as 2%, and for businesses the rate is as low as 3.675%. The SBA encourages survivors to go through the process and is receiving referrals from the Federal Emergency Management Agency (FEMA). If a person or business receives a referral from FEMA to the SBA, they need to complete the application. It does not mean they are taking a loan, but they need to follow the process. Sometimes they will be referred back to FEMA to be considered for other assistance. At both local recovery centers, there are SBA customer service representatives that can help walk people through the process, or people can call 1-800-659- 2955, or utilize the SBA website: sba.gov. Ms. Diaz-Carrero concluded the update stating that the SBA is here to help our survivors and thanked the Board again for the opportunity to provide the update. Chairman Barfield thanked Ms. Diaz-Carrero for the work of the SBA teams in this community. REGULAR ITEMS OF BUSINESS PRESENTATION OF CERTIFICATE OF SMITHSONIAN AFFILIATION TO CAPE FEAR MUSEUM Cape Fear Museum Director Sheryl Mays stated she is pleased and proud to announce Cape Fear Museum’s designation as a Smithsonian Affiliate and begin this important strategic collaboration with the world’s largest museum, education, and research complex. This relationship will greatly benefit our citizens now that there will be access to a variety of programs, expert’s films, artifacts for loan and exhibits. The Cape Fear Museum will offer a new Smithsonian-Cape Fear Museum membership that will provide additional benefits for those who join the program. thth There will be a membership drive on December 8 and 9. Director Mays introduced Smithsonian Institution Traveling Exhibition Service and Smithsonian Affiliations Associate Director Tricia Edwards and invited her to address the Board. Ms. Edwards expressed appreciation to the Board for including this matter on the agenda. She and her team spent part of the day touring and learning more about the Cape Fear Museum. The Smithsonian’s vast resources, although primarily in Washington D.C., are America’s collections. With its mission to increase and diffuse knowledge, it is committed to reaching communities near and far. This commitment includes the Smithsonian’s Affiliation Program which develops long-term collaborative partnerships with museums, educational, and cultural organizations. The Cape Fear Museum joins 214 organizations in 45 states, Puerto Rico, and Panama. This robust network of organizations collaborates with the Smithsonian and with each other to create experiences that educate and inspire. Choosing partners is a rigorous process and this affiliation testifies to the caliber of professionalism that the Cape Fear Museum represents. In addition to the impressive collections, galleries, and educational programs, it is clear that Cape Fear Museum is an integral part of the Wilmington community and its values. The staff’s resiliency after the recent hurricane inspired everyone in the museum world. Welcoming hundreds of families for a recent superhero Saturday also demonstrates the value that the community finds in this special place. Discussions have already started on ways to collaborate in terms of offering the Smithsonian membership, offering screenings of Smithsonian Channel films, and much more in the future. Ms. Edwards concluded her presentation stating that on behalf of the entire Smithsonian Institution, she is delighted and honored to call the Cape Fear Museum an Affiliate. The Smithsonian is grateful for the opportunity to work with the Cape Fear Museum and connect this community to the Smithsonian. Chairman Barfield thanked Director Mays and Ms. Edwards for sharing this announcement noting that it is a big honor for this community. APPROVAL OF BUDGET AMENDMENT 19-029 FOR STORM DEBRIS RELATED EXPENDITURES Chief Financial Officer Lisa Wurtzbacher stated that the Commissioners approved budget amendment 19- 022 on October 1, 2018 to appropriate $20,062,000 from the general fund and fire services fund to account for estimated expenditures to prepare for, respond to, and recover from Hurricane Florence. Of the $20 million, $13,418,000 was estimated for Environmental Management expenses for supplies, pumping and hauling leachate, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 240 and repairs, but the majority of it was related to debris pickup for the County. The estimate was based on 800,000 cubic yards of debris. Currently, over 1.1 million cubic yards of debris has been picked up. This request is for an additional $12.2 million to cover the estimated expenses and that estimate is based on 1.7 million cubic yards of vegetative debris. This amount includes the cost for debris removal, debris monitoring, and management of the debris which brings storm-related expenses for Environmental Management to $25,618,780. In addition to the $12.2 million needed for Environmental Management, the Parks and Gardens Department also had some tree and limb removal that had to be done across all the parks in the County. The estimate was $200,000 but the actual expenses were $1,484,550, so an additional $1,284,550 is needed to cover that expense. The total current expenditures being requested is $13,485,330. As it was in the budget amendment that was brought to the Board back in October, the Environmental Management fund still does not have enough fund balance to cover all of its expenses. Staff is requesting $2.9 million be taken out of the department’s fund balance for this budget amendment and this will still leave the department with a healthy fund balance. Staff is also asking that the remaining expenses be taken out of the general fund. The total General Fund Appropriated Fund Balance with this amendment is $30,525,330 which equates to approximately a 10.4 percent reduction in the fund balance percentage. The storm also caused a delay in the audit, so the audited financials have not been received. Based on the unaudited numbers, staff believes the current fund balance and cash flow will be able to front the expenditures until reimbursement is received. If no reimbursement is received this fiscal year, the County would likely be out of its fund balance policy range. Staff is working hard to get some funding back sooner than later. Typically, staff would wait for all the expenses to be incurred before asking for the reimbursements. The debris is being processed in a phased reimbursement approach and documentation is being compiled to submit to Federal Emergency Management Agency (FEMA) so hopefully the funds can be received back before the end of the fiscal year. Ms. Wurtzbacher cannot guarantee that will occur, but everyone is doing all that they can to get as much reimbursement this fiscal year as possible. Chairman Barfield stated it is great that the County has a strong fund balance policy. There was not a need to second guess ourselves or think about how to remove storm debris because there were resources available to take care of the citizens of this County. Hearing no further discussion, Chairman Barfield asked for direction from the Board. Motion: Commissioner Kusek MOVED, SECONDED by Vice-Chairman Olson-Boseman, to adopt the ordinance for budget amendment 19-029. Commissioner Zapple asked if any requests have been received from the New Hanover County School (NHCS) Board for storm damage funding. Ms. Wurtzbacher responded that nothing has been received for storm damage. An invoice has been received for the shelters, but not necessarily for building damage from the storm. Commissioner Zapple stated that it is known that the school system buildings incurred significant damage and asked Ms. Wurtzbacher if she has any preliminary indication of what the request will be, if one is sent to the County. Ms. Wurtzbacher responded that she has not been contacted in terms of a possible requested amount. To date, NHCS has used a significant amount of its fund balance to cover building repairs. Hearing no further discussion, Chairman Barfield asked for a vote on the motion on the floor. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of budget amendment 19-029 is hereby incorporated as part of the minutes and is contained in Exhibit Book XLI, Page 19.4. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY GSP CONSULTING, PLLC, APPLICANT, ON BEHALF OF COLLEGE ROAD DEVELOPMENT PARTNERS, LLC, PROPERTY OWNER, TO REZONE 8.04 ACRES OF LAND LOCATED IN THE 2600 BLOCK OF N. COLLEGE ROAD TO (CZD) B-2, CONDITIONAL HIGHWAY BUSINESS DISTRICT (Z18-14) Chairman Barfield opened the public hearing and requested staff to make the presentation. Planning and Land Use Director Wayne Clark presented the request by GSP Consulting, PLLC, applicant, on behalf of College Road Development Partners, LLC, property owner, to rezone 8.04 acres of land located in the 2600 block of N. College Road to (CZD) B-2, Conditional Highway Business District from the existing zoning of R-10 Conditional Use District (CUD). The parcel is located north of Murrayville on College Road and just south of Laney High School. The site currently has a CUD in place surrounded by R-15 that sits at the end of a strip of B-2 that comes up north from the Murrayville intersection. There is a large node of B-2 that sits across the street. The special use permit, a companion to the CUD expired earlier this year. What is in place now is R-10 zoning with no special use permit. The right of way from College Road in this area is very large. One of the unusual features is how far off the right of way line is from the actual pavement edge, about a 100 feet of distance. There is a stormwater pond on site and a creek at the northern edge that creates some challenges to developing the site. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 241  There is an extensive zoning history on the site:  July 1972 - Initially zoned R-20  July 1998 – 300-foot strip adjacent to N. College Road rezoned to B-2  May 2016 - Rezoned to (CUD) R-10 for 88-unit apartment complex (SUP expired May 2018)  April 2017 - Rezoning request to (CZD) B-2 for a mini-warehouse facility which was denied  Summer/Fall 2018 - Zoning Reversion Request (Z18-12). Planning Board recommended approval th in August. The request was tabled at the Board of Commissioner’s September 4 meeting. The zoning reversion is on the agenda for this meeting and may be heard tonight depending on the Board’s action for this item. The applicant has submitted a request for a conditional zoning district B-2 zoning and limited to the following ten uses:  Eating and Drinking Places  General Merchandise Stores  Miscellaneous Retail  Banks, Credit Agencies, Savings and Loans  Barber and Beauty Shops  Business Services including printing  Funeral Home  Personal Services  Offices for Private Business and Professional Activities  Mini Warehouse with additional conditions There are approximately 90 uses allowed by-right in a B-2 zoning district. The majority of the uses are the traditional commercial uses seen in most zoning districts that are commercial such as offices, retail, personal services such as hair and nail salons, banks, and restaurants. The mini-warehouse and funeral home are the only two uses that would probably be outside of a traditional zoning district. As part of the request to have the ten uses permitted in the conditional use district, the applicant has agreed to and included conditions, one set related specifically to the mini- warehouse use and one set related to all permitted uses:  Conditions related the mini-warehouse use:  No storage of hazardous or flammable material shall be permitted  Proposed on-site staffed office  Automated gate by security code daily with security features for after hour response  The façade of buildings fronting North College Road, including the onsite staffed office, and the sides of the buildings facing the northern and southern property lines, shall be of a type and quality typically seen in mini-warehouse developments that mimic a non-warehouse use such as office or retail.  Proposed conditions related to all permitted uses:  The development of the property shall be subject to all of the specific requirements stated in Section 61.4: of the Ordinance, which requires, among others, that a Traffic Impact Worksheet be submitted to the Planning and Land Use department for verification and in cases where the worksheet indicates traffic generation of 100 peak hours based upon the most current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, then the applicant will be required to perform a Traffic Impact Analysis.  The required minimum setbacks for structures shall be calculated in accordance with Section 60.3 of the ordinance, however in no event shall the minimum setback for structures abutting residential uses and/or platted lots on residential zoned property be less than 45 feet.  The buffer along the rear property line shall include a fence and vegetation to meet the opacity requirements. In regards to the setback, it will vary based on the height of the building so it is hard to determine the impact it will have. It probably allows for a few more feet depending on the size of the structure. For the buffer requirement, the applicant is not required to use a fence. There are a variety of ways to provide a buffer such as using landscaping. However, the buffer requirement attached to the application is guaranteeing there will be an actual fence. In addition to providing a list of uses, conditional zoning districts come with a conceptual site plan. A max building height for this area would be a 24-foot, two story building. The majority, half of the site on the north side, is listed as “no buildings permitted in this area”, which is where the pond and creek are located. The additional driveway was discussed during the agenda review briefing on Thursday. It is still on the plan, but it is Director Clark’s understanding the applicant will explain why there is no intention to request that even though it is still on the plan. In regards to traffic, there have been a couple of Traffic Impact Analyses (TIA) performed in the area. One was for Dunkin Donuts in front of the Lowe’s grocery store and the other for the State Employees Credit Union located north of the schools at Northchase Parkway. The credit union to the north had to do a right turn deceleration lane going eastbound and is inside the Northchase area. It is does not affect College Road directly. The one for Dunkin’ Donuts is a right turn deceleration lane going eastbound on Murrayville Road, so that could help the flow of traffic on this site. The volume capacity referenced in staff’s presentation is for an average daily trip, not a peak hour trip. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 242 There have been notable traffic improvements in the area which were recently completed. In approximately the last five years, there has been a center turn lane installed, a right turn lane for the school, and an additional right turn lane added to go to the Taco Bell. A lot of this was done with the construction of the Taco Bell and McDonald’s and a church expansion. The 2016 Comprehensive Land Use Plan classifies the subject property as Community Mixed Use. This place type focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for County residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Approximately 25% of the B-2 zoned land in the County is located in areas designated as Community Mixed Use. Staff concludes that the proposed B-2 zoning district is generally consistent with this place type because it would allow the types of services for nearby residents recommended in the Comprehensive Plan. Uses of this property that would provide for the needs of adjacent residential neighborhoods and/or provide higher density residential housing to transition to the adjacent lower density residential areas would support the integration of uses and development patterns encouraged in the Comprehensive Plan. The requested conditional B-2 zoning district could allow for the types of commercial services appropriate for a Community Mixed Use area at the edge of a node, and development regulations would require landscaping buffers along residential properties, visually separating and mitigating any effects for the adjacent neighborhood. The Planning Board considered this application at their November 1, 2018 meeting. At the meeting, no members of the public spoke in favor or in opposition to the request. The board recommended approval (7-0) of the application, finding that it is: 1.Consistent with the purposes and intent of the Community Mixed Use place type in the 2016 Comprehensive Plan because the proposed B-2 zoning district would allow the types of services for nearby residents recommended in the plan. 2.Reasonable and in the public interest because the conditional B-2 district would provide a reasonable extension of an existing B-2 zoning district while protecting adjacent residential uses through reduced heights in the portions of the property closest to homes and limitations on permitted uses, in addition to the setbacks and buffers required by the Zoning Ordinance. Director Clark stated that this concluded his part of the presentation and that staff from the Wilmington Metropolitan Planning Organization (WMPO) and North Carolina Department of Transportation (NCDOT) were present to answer questions regarding traffic. Chairman Barfield requested that Amy Kimes with the WMPO provide a brief overview of level of service. Ms. Kimes stated that level of service (LOS) is a quantitative measure of traffic operational conditions. Ranges of operation are defined for each type of roadway section (signalized intersections, freeways, ramp junctions and weaving sections) and are related to the amount of traffic demand at a given time as compared to the capacity of that type of roadway section. Six levels of service are defined for each type of roadway section and are given letter designations from A to F, with A representing good operating conditions and F representing unsatisfactory operating conditions:  Intersection:  LOS A: Highly stable, free-flow condition with little or no congestion. Delay: <10 seconds/vehicle  LOS B: Stable, free-flow condition with little congestion. Delay: 10 to 20 seconds/vehicle  LOS C: Free-flow conditions with moderate congestion. Delay: 20 to 35 seconds/vehicle  LOS D: Approaching unstable condition with increasing congestion. Delay: 35 to 55 seconds/vehicle  LOS E: Unstable, congested condition. Delay: 55 to 80 seconds/vehicle  LOS F: Stop and go. Delay: >80 seconds/vehicle  Roadway:  LOS A: Free flowing; uninterrupted vehicle  LOS B: Stable flow; other vehicles are more noticeable  LOS C: Stable flow; vehicle operations affected by other vehicles  LOS D: High density free flow; operation of vehicle affected by other vehicles  LOS E: High density traffic flow, nearing capacity; operating conditions are extremely poor  LOS F: Forced or breakdown flow; amount of traffic exceeds capacity On the intersection level of service delay, it's a second difference between each level. Going from a LOS A to a LOS B is a one second change. You have to look at where you are at in LOS A versus where you are at in LOS B because there may not be any difference. When determining the volume to capacity that the Board traditionally views in the reports, the volume is taken by the WMPO’s traffic counter. The traffic counter sets out counting tubes to get a one-day volume that is not adjusted for anything. It is how many cars cross that tube in a 24-hour period and does not take into account any season or weather events. The capacities come from a model that was created to help the WMPO build the long-range transportation plan. It is a trans-CAD model and in it you look at the different factors to develop the theoretical capacity of the roadway for a LOS C or D. The capacity on the bottom that is being divided by is always LOS C or D. The volume to capacity indicates whether or not that is under LOS C or D in a theoretical model, or whether it is over it. One of the things that the traffic engineer for the City of Wilmington states is that with a LOS F, there are no cars waiting at the end of the day to get on the road. This means you are not overcapacity and the road cannot handle those cars. The capacity issue is during the peak hour. On a LOS A, B, or C, NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 243 the peak hour is traditionally an hour. As you get into LOS E and F, the peak hour grows and gets longer. It takes a person longer to make those movements. Everyone knows at midnight they can make whatever movement they want. What a LOS F shows is that it’s not just a one-hour or less window. That window continues to grow. The WMPO’s current model is being updated. A lot of time is spent on how to create the model. Staff verifies where the employment centers are, looks at where residential is, looks at the census data, and where people are going and coming to create the LOS to try to determine where best to make the roadway improvements. The model goes into looking at, not necessarily what the level of service is, but where the worst portion of traffic is within the WMPO border of a municipality and/or county, to try to leverage federal or state funds to improve that. The capacities the WMPO staff are using are more of a planning level tool for leveraging future funds. It is a readily available tool that they often use for city councils or commissioners to help determine that information. Regarding when the Board is looking at the volume and capacity information in the agenda packets and if it is theoretical or actual information, Ms. Kimes stated that it is based on a very complicated model. There are calculations and equations that go into it that include information about speed, roadway conditions, grades, curves, etc. to help make the determination. All of the information goes into building that model and that results in a number staff uses which is either a LOS C or D capacity for the roadway based on the included information. When looking at the volume, in this case 31,524, that is over a 24-hour period. Traffic counts are done on a Tuesday, Wednesday or Thursday because those are the most common days and have the best average. People tend to take vacation and/or routines change on Mondays and Fridays. For TIAs, staff tries to do it when school is in session because it has the biggest effect on peak hours. For items such as this one you cannot wait until school is in session all the time. The count is taken at whatever time during the year or if there is need for a special count because it’s the road onto the beach. In that case the count is done during the summer if they want to look at different things. Some of that is figured in when staff has the time. If not, what is provided is the count the day the traffic counter can work the request into his schedule. Ben Hughes, NCDOT District Engineer for New Hanover County and Brunswick County, stated that in regards to the need for driveway permits, it depends on the development size. In most cases in Wilmington the developments are larger and have TIAs associated with them. In those cases, NCDOT staff works with the WMPO, the County, and City of Wilmington to determine which roadway improvements will be necessary based on how large the development is and how impacts are mitigated. That was the case in this matter where a TIA was done in 2013-2014 and subsequently the driveway permit was approved with conditions for roadway improvements which have been constructed. Chairman Barfield thanked Mr. Clark, Ms. Kimes, and Mr. Hughes for their presentations and invited the petitioner to make remarks. Michael Lee of the Lee Law Firm, representing the applicant GSP Consulting, PLLC and the property owner, College Road Development Partners, LLC, stated that there was a version that came before the Board a number of months ago which was tabled until the applicant came forward with the rezoning application. He presented the following overview:  History:  20 years ago – front portions of property zoned B-2  Over two years ago – rezoned to (CUD) R-10 for an apartment complex with 88 units  Over one year ago – rezoning request to (CZD) B-2 for a mini-warehouse facility was denied  Reversion request – request was tabled until the conditional use application was brought forward  Conditional Use District – request being presented December 3, 2018 As stated by Director Clark, staff recommended approval and the Planning Board recommended it unanimously. In regards to the portion of the property where the creek is located, the property owner reached out to New Hanover County Schools to offer that portion of the property as a donation to Laney High School to use for additional parking. There was no interest in the offer and it remains as part of this project. In considering this matter for approval, items to consider:  Rezoning:  How is change consistent with County’s Policies for Growth and Development  How would the zone change be consistent with the property’s classification on the Land Classification Map  What neighborhood changes have occurred to make the original zoning inappropriate or is the land unsuitable for uses permitted under existing zoning  List proposed conditions and restrictions that would mitigate impacts of new use Originally when this request was submitted for consideration, the site plan limited where the buildings could go and also limited which uses were going to be utilized. Planning staff and the Planning Board asked that the proposed uses be narrowed down as much as possible and are as follows:  Conditional Use:  Eating and Drinking Places  General Merchandise Stores NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 244  Miscellaneous Retail  Banks, Credit Agencies, Savings and Loans  Barber and Beauty Shops  Business Services including printing  Funeral Home  Personal Services  Offices for Private Business and Professional Activities; and  Mini Warehouse with additional conditions Mr. Lee concluded his presentation stating that the proposal is consistent with classification on the Future Land Use Plan because it incorporates another use along the mix of uses in the corridor. Also, it supports a lot of uses and all of the research shows in addition to mini-storage being used by residents, a significant portion is being used by businesses. Neighborhood changes in the area that make the current zoning inappropriate is the expiration of the special use permit. Currently, nothing can be built on this tract because of the entitlements. Proposed uses are limited and with certain uses, screening is provided so as to mitigate the impacts of a new use. Chairman Barfield announced that no one else had signed up to speak in favor or in opposition and closed the public hearing. He then opened the floor for Board discussion. Motion: Commissioner White MOVED, SECONDED by Commissioner Kusek to approve, affirming the Planning Board’s statements that the application is 1) Consistent with the purposes and intent of the Community Mixed Use place type in the 2016 Comprehensive Plan because the proposed B-2 zoning district would allow the types of services for nearby residents recommended in the plan and 2) Reasonable and in the public interest because the conditional B-2 district would provide a reasonable extension of an existing B-2 zoning district while protecting adjacent residential uses through reduced heights in the portions of the property closest to homes and limitations on permitted uses, in addition to the setbacks and buffers required by the Zoning Ordinance, with the conditions as recommended by the Planning Board:  Conditions: 1.The Property shall be subject to all of the specific requirements stated in the New Hanover County Zoning Ordinance (“Ordinance”) for the B-2 (Highway Business District) use as well as any additional conditions stated below. 2.The use and development of the Property shall comply with all other supplemental regulations and requirements imposed by the Ordinance or any other applicable federal, state or local law, ordinance or regulation. In the event of a conflict, the more stringent requirement or higher standard shall apply. 3.The following limited list of permitted B-2 zoning uses under the Ordinance are offered as a condition of approval: 1.Eating and Drinking Places 2.General Merchandise Stores 3.Miscellaneous Retail 4.Banks, Credit Agencies, Savings and Loans 5.Barber and Beauty Shops 6.Business Services including printing 7.Funeral Home 8.Personal Services 9.Offices for Private Business and Professional Activities; and 10.Mini Warehouse with additional conditions noted below: 1.No storage of hazardous or flammable material shall be permitted 2.Proposed on-site staffed office 3.Automated Gate by security code daily with security features for after-hour response 4.The façade of buildings fronting North College Road, including the on-site staffed office, shall be of a type and quality typically seen in mini-warehouse developments that mimic a non-warehouse use such as office or retail. 4.The development of the Property shall be subject to all of the specific requirements stated in Section 61.4: of the Ordinance, which requires, among others, that a Traffic Impact Worksheet be submitted to the Planning and Land Use department for Verification and in cases where the worksheet indicates traffic generation of 100 peak hour based upon the most current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual, then the applicant will be required to perform a Traffic Impact Analysis. 5.The required minimum setbacks for structures shall be calculated in accordance with Section 60.3 of the ordinance; however, in no event shall the minimum setback for structures abutting residential uses and/or platted lots on residential zoned property be less than 45 feet. 6.The street-facing façade proposed by the applicant shall also be used on the sides of the buildings that face the northern and southern exterior property lines. 7.The buffer along the rear shall include a fence and vegetation to meet the opacity requirements. Chairman Barfield stated that the last time this matter was heard he was in opposition to it. His main concern was the aesthetic appeal. In coming back with modifications to make it look more like retail establishment NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 245 rather than traditional storage units, it has definitely given him a different take on this. Also with Hurricane Florence and recognizing the need for so many to try to store the materials they have, he recognizes the true need for storage. Commissioner White stated he was opposed to this initially and voted against it for the same reasons. As th he recalls on September 4, the reversion language was not satisfactory to the Board and it was tabled. He thinks these conditions are vastly improved over what was considered before and is part of why the Board goes through this process. Commissioner Kusek stated that she thinks this new look for the storage facility sets the bar a little higher for what has been presented to the Board since her time as a Commissioner. She hopes everyone takes note of it because it looks much better than what has been presented to Board in the past. Commissioner Zapple asked Mr. Lee to further explain the statement that there were neighborhood changes that made current zoning unworkable. Mr. Lee responded that essentially, the provision is what has happened in the area that necessitates a rezoning. There was no way to make use of the property without a rezoning of the property, even if they were to go back to the originally contemplated use with the special use permit. They would have to come back before the Board in that particular proceeding to go through that process again. Regarding if that is a neighborhood change, Mr. Lee stated it is a change to the property and area that requires the rezoning or necessitates the rezoning. As to why they are not utilizing the proposed retail or commercial instead of the façade, Mr. Lee stated he thinks some of the issues relate to a market study done on the property several years ago as to what the proper use would be for the property. Given that there was a TIA that was also done, given the infrastructure and some of the capacity issues not only related to infrastructure, to have an eight- acre tract of land with retail might not be the appropriate use for the whole tract. Commissioner Zapple asked County Manager Coudriet to expand on his comment in the agenda packet that in moving this matter forward, he did not recommend the mini-warehouse as one of the uses. County Manager Coudriet stated that the best point of reference he had was that more than a year ago the Board turned down a request for a rezoning. There was also discussion as referenced by Chairman Barfield and Commissioner White that in September there was concern with moving forward with a mini-warehouse on this particular site. He is relying on the prior public record of the Board and believes that is the best recommendation based on the evidence in the record at the point that this was published. Commissioner Zapple asked Director Clark to confirm that this matter and the next agenda item refers to the same property. Director Clark confirmed that was correct. When asked it if was commonplace to allow multiple placeholders for an item that comes forward to the Board, Director Clark stated he would say the applicant has a right to ask, so staff processes the application. As to why staff recommends approval and why there is a second item for the same property on the same agenda, Director Clark stated he does not want to disrespect what the Board has said before and understands the County Manager’s position. He believes, as other members of the commission said, this application varies as the applicant has modified what they have done and agreed to substantially different architectural treatment if that use is permitted. It is a use allowed in the zoning district, it's a fairly low traffic generating use, doesn't generate students, a lot of crime, traffic, and doesn’t have a lot of water and sewer use. As far as infrastructure impacts and impacts to the area, staff did a general analysis in looking at the number of trips generated based on the cap of square footage. It is in the ballpark of a few hundred trips for a mini-warehouse even if built to the maximum of 150,000 square feet whereas, another restaurant such as a McDonald’s, is about 4,000 trips. There is a substantial difference in trip generation. Given that and as he understood the concerns, and as he wasn’t here he apologized if he misunderstood the Board’s concerns, he believes the applicant has tried to address the concerns. In regards to the applicant submitting a follow-up item, Director Clark responded that it exists in the code as an option, they asked and staff processed it as is. That was the prior zoning of the site. He thinks the Board addressed a number of concerns prior to this that the by-right B-2 zoning is probably more concerning than the conditional zoning which is preferable. When asked if he believes this is the highest and best use of this property, Director Clark stated he does not know that it is appropriate for him to determine. That is an opinion, not a planner fact. Obviously there are a lot of other uses that are better than self-storage when it comes to that, but again that is an opinion, not a planner fact. Commissioner Zapple asked Director Clark that if the request is for a mini-warehouse, why are there nine other uses listed and why not just be straightforward to say they want to put in a mini-warehouse. Director Clark stated the applicant tried to address that at the prior meeting. His understanding is that they don’t have a contract, there is no guarantee that a mini-warehouse will be built, and what the applicant does not want to have to do is keep coming back before the Board. If the mini-warehouse use doesn't work, there are nine other options based on the conditions placed on the site so something could be done moving forward. He understands there was a study done for a mini-warehouse a couple of years ago and there are some changed conditions. It is a proposal and it does allow the front building to have some retail should that work out. Commissioner Zapple stated it seems clear because of the repeated times coming back, that it's a mini- warehouse the applicant wants to put there. To him it seems odd that other items are listed and there have been repeated efforts coming back here. Director Clark stated the fact that the site plans seen by the Board that layout NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 246 what looks like a mini-warehouse site plan show that is the principle and primary request. That is what he understood from his own conversations with the applicant. The other options are backup options or options to add to the site. County Manager Coudriet stated he would like to offer a response to Commissioner Zapple’s question about the second agenda item. He assumes he could have prevented it from coming forward, but the code does allow for it. The reason for publishing it to the agenda, while recommending against the mini-warehouse for the current item, is that he believes the applicant did express that currently, there is nothing that can be done with the property as it sits. There is a tight condition tied to it and the special use permit has expired. He certainly never wants to find the administration putting an applicant into a position of not being able to use their property. This is why he allowed it to come forward, never with the intention to create conflict with the Board, but simply to allow the applicant some path forward to use their property. Commissioner Zapple stated he finds it troubling that after coming before the Board multiple times, and the Board rejecting the mini-warehouse concept it has come back again. He would like to know when does no mean no. He recognizes the applicant has a right to appeal or bring in a secondary motion, but he thinks the Board has been very clear about what it wants. Now they have come back and changed the look of it, the cosmetic look, but he thinks his original concerns with it, when it was presented before, is still whether this is the best use on one of the most heavily traveled corridors. As there is increasingly more limited land, especially the northern part of the County, and there is a list of nine other items all of which would be appropriate uses so people that use the school could make use of the businesses that are there, it makes great sense to him to try to move in that direction rather than adding another mini-warehouse to the landscape. Hearing no further discussion, Chairman Barfield requested a vote on the motion on the floor. Upon vote, the MOTION CARRIED 3 – 2. Vice-Chairman Olson-Boseman and Commissioner Zapple voted in opposition. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section 8B, Page 77. WITHDRAWAL OF A REZONING REQUEST BY COLLEGE ROAD DEVELOPMENT PARTNERS, LLC, PROPERTY OWNER, TO REVERT 8.04 ACRES OF LAND LOCATED IN THE 2600 BLOCK OF N. COLLEGE ROAD FROM (CUD) R-10, CONDITIONAL USE RESIDENTIAL DISTRICT, TO B-2 AND R-15 ZONING PURSUANT TO SECTION 55.2-6 OF THE NEW HANOVER COUNTY ZONING ORDINANCE (Z18-13) Chairman Barfield asked Michael of the Lee Law Firm, representing the property owner, College Road Development Partners, LLC, what he would like for the Board to consider in regard to this matter. Mr. Lee responded that with the last action the reversion is no longer an option within the code, and he and his client would request to withdraw it at this time. Chairman Barfield asked for direction from the Board on the request to withdraw this request. Motion: Commissioner Kusek MOVED, SECONDED by Commissioner White to approve the withdrawal of the request by College Road Development Partners, LLC, property owner, to revert 8.04 acres of land located in the 2600 block of N. College road from (CUD) R-10, Conditional Use Residential District, to B-2 and R-15 zoning pursuant to Section 55.2-6 of the New Hanover County Zoning Ordinance (Z18-13). Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING AND APPROVAL OF REQUEST BY DESIGN SOLUTIONS ON BEHALF OF THE PROPERTY OWNER, CHARLES RUDOLPH CLAY, SR. AND ESSIE WADDELL CLAY REVOCABLE LIVING TRUST, FOR A SPECIAL USE PERMIT FOR AN INDOOR/OUTDOOR RECREATION FACILITY ON APPROXIMATELY 5.16 ACRES OF LAND LOCATED IN THE 4600 BLOCK OF GORDON ROAD (S18-04) 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: Brad Schuler Ken Vafier Wayne Clark Ted Shipley Amy Kimes Ben Hughes Cindee Wolf Essie W. Clay Janine Blaisdell 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 Current Planner Brad Schuler to start the presentation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 247 Current Planner Brad Schuler presented the request by Design Solutions on behalf of the property owner, Charles Rudolph Clay, Sr. and Essie Waddell Clay Revocable Living Trust, for a special use permit (SUP) for an indoor/outdoor recreation facility on approximately 5.16 acres of land located in the 4600 block of Gordon Road. The property is located on the northwestern side of Gordon Road near I-140 in an area mostly zoned R-15. There are a few commercial developments and higher density residential developments planned for the area. On the corner of I-140, a Buy-Quick convenience store was recently developed and there also is a boat/RV storage lot. Behind the property is the proposed Smith Creek apartments. Site work for that development is currently underway. Weaver Acres subdivision is also nearby which has single family residences. Across the street is The Landing at Lewis Creek Estates, another high density development consisting of 400 lots and currently under development. The subject property itself is undeveloped and partially wooded. The business that will utilize the facility, Off the Wall Sports, is currently operating at 203 Antilles Court in Dutch Square. This application would relocate the business to the subject site and allow for it to expand. The proposed facility will consist of a 26,400 square foot building and two outdoor sports fields. The business focuses on after school programs for elementary aged students. Currently, the business picks up children from various schools. Pick up time by parents is throughout the afternoon/early evening with the program closing at 6:00 p.m. The business also offers adult leagues which start around 7:00 p.m. Access is proposed to be provided to the subject property from Gordon Road. The access is shared with the adjacent gas station and storage lot within an existing 60-foot access easement. This access does not permit left-out movements which requires motorists leaving the site seeking to travel east on Gordon Road to initially go west and then make a U-turn at the N. College Road intersection. According to NCDOT, the existing U-turn at N. College Road has the capacity to serve the additional trips generated by this proposal. The U-turn lane will also be extended with the construction of The Landing at Lewis Creek Estates. The applicant also requested a second access to the site from the Smith Creek apartments. Unfortunately, an agreement for that connection has not been finalized at this time. However, staff did reach out to the apartment complex ownership to see if they could facilitate that connection. Doing so would allow customers of this business to utilize the surrounding neighborhoods for access which connects into Gordon Road at multiple locations. The proposed recreation facility is expected to increase the trips by approximately 50-60 trips in the peak hours. There is one major NCDOT improvement project proposed in the area which is along College Road and will make improvements on College Road from Gordon Road to New Center Drive. The plans include converting certain intersections along College Road into interchanges including at the Martin Luther King Parkway, Jr. and Kings Drive intersection. Construction of that project is expected to begin in 2024. There have been three TIAs approved in the area and one is currently under review. There are, as a result of the developments, some improvements going in along this segment of Gordon Road. At the intersection of Blunt Drive and Gordon Road there will be the installation of traffic signals and turn lanes. There will also be some turn lanes at the westbound ramps to I-140 and at the intersection of College Road and Gordon Road. The 2016 Comprehensive Plan designates the subject property as General Residential, the intent of which is to provide opportunities for similar lower density residential development and supportive commercial, civic, and recreational development. The proposed indoor/outdoor recreation use is generally consistent with the 2016 Comprehensive Plan because it provides recreational and child care services that can serve adjacent residential neighborhoods, in line with the recommended mix of uses for the General Residential place type. It also allows for the expansion of an existing business in the community and is located near commercial and higher density residential land uses. 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. The Planning Board considered this application at their November 1, 2018 meeting. No one from the public spoke in favor of, or in opposition to, the request. The Planning Board recommended approval (7-0) of the application with the following conditions: 1.Appropriate pavement markings shall be installed along the 60-foot access easement from Gordon Road to the subject site to identify two lanes of travel. 2.Flashing, animated, and digital signs shall be prohibited. Chairman Barfield thanked Mr. Schuler for his presentation and invited the petitioner to make remarks. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 248 Essie W. Clay, stated she is the previous owner of the lot and asked Cindee Wolf of Design Solutions, representing, Charles Rudolph Clay, Sr. and the Essie Waddell Clay Revocable Living Trust, to present the request. Ms. Wolf stated that she is working with the developer of the site, Janine Blaisdell, and Ms. Clay through this process. Off the Wall Sports has been a successful afterschool recreational facility and indoor soccer league location for over six years. In this age of technical gadgets and mindlessly sitting in front of televisions, everyone knows the benefits of active play for children. A good after school program like Off the Wall is extremely popular because of the wide range of activities. The current location of Off the Wall is a rented warehouse in Dutch Square at the end of Gordon Road. Kids are picked up by Off the Wall vans midafternoon at dismissal from various schools and driven to the facility. The proposal would make this facility centrally located. Also, the current size of the building has been limited to a single indoor field, there is only paved area, and very little space for outdoor activities. Janine Blaisdell, is the owner and very engaged operator of Off the Wall. She has been searching with Ms. Wolf for land over a year on where she can develop her own complex. This site is perfect. The location at the interchange of Gordon Road and I-40 is still convenient for the same routes that the vans take from schools and for the parents to pick up afterwards. This will also be centrally located to serve the adult soccer league and team practices. The recent development of the Shell C-Store already resulted in road improvements for safe turning movements. The complex will share that same access. A right turn lane and dedicated left over ingress and egress is limited to right out. As is often the case with newer road improvements, eastbound desired traffic will be directed to a U-turn at the traffic signal to the west. The existing NCDOT permit will be re-reviewed as part of the detailed design and permitting for this project, should it be approved, to ensure the additional trip generation is addressed. As to concerns with trip generation, she feels everyone needs to keep in mind that just about all of the trips to and from the new location are already on Gordon Road. There is also no morning activity. The center doesn't open until 2:00 p.m. when the first pick up van arrives and parent pickup is spread over the time frame of 3:00 p.m. to 6:00 p.m. As such, it is not concentrated during the afternoon peak hours. Adult leagues don't begin until 7:00 p.m. and after. The driveway up to the project isn't unlike many commercial center situations where access is shared between the anchor uses and out parcels. The aisle is already extra wide and the travel lanes can be striped appropriately, which was one of the conditions requested by the Planning Board. The couple of parking spaces along the side of the building are substantially for overflow parking. The pumps and main door of the C-Store are in the front and are oriented at an angle. Generally, traffic is in a clockwise circulation pattern around the building. Therefore, when cars come out, if they don't come out the front by making a U-turn after gassing up, they come around the back and are not impacting opposing movements into this facility. The site has more than adequate room for the dual indoor courts, outdoor fields, parking, and stormwater management. The access drive has been stubbed to the adjacent property with the possibility of interconnectivity in the future. At this time, the complex developers have declined allowing the connection. If the connection ever did occur, it would get traffic from the Blount Drive intersection from the new traffic signal and the wealth of neighborhoods that are all on the north side of Gordon Road. Landscape buffering will be required along the common boundary with residences to the south. There is existing vegetation to be retained and the developer has committed to also including a screening fence along the southern boundary. Ms. Wolf concluded her presentation stating that in summary, she and her clients believe the petition meets the required findings. They agree with staff bullet points as far as the applicability of the criteria. In general, the project will not materially endanger the public health and safety where proposed and developed because there are no morning trips and the afternoon trip generation is spread over a long time period with traffic already using Gordon Road. The proposed project meets all required conditions and specifications for issuance of the special use permit for an indoor/outdoor recreation facility. The use will not substantially injure the value of adjoining or adjacent property because it's strategically located near a commercial district, is off of an arterial road, and has provisions to mitigate impact to those properties. The location and character of the project is in harmony with the area because it will provide convenient recreational opportunities for the nearby existing and new residential developments. It also meets the goals of the Comprehensive Land Use Plan by promoting prosperity, by fostering sustainable growth, improving the form and function of an underutilized site, and maximizing land use efficiency. Chairman Barfield thanked Ms. Wolf for her presentation, announced that no one else had signed up to speak in favor or in opposition to the request, and closed the public hearing. He then opened the floor for Board discussion. Commissioner Zapple thanked Ms. Wolf for spending time on the traffic issues. He asked Mr. Schuler if on Gordon Road, once a person is going in either direction, less than a few hundred yards it becomes a two-lane road. Mr. Schuler confirmed this was correct. He further asked Mr. Schuler if he was correct that this Board has approved over 740 apartments, houses, and multifamily units that empty onto Gordon Road in the same area. Mr. Schuler confirmed this was correct. As to the status of these projects, both are under construction. There is site work going on at Smith Creek Apartments. The complex owners are in the process of having the TIA updated to reflect the changes in the planned roadway improvements. The Landing at Lewis Creek Estates is currently under construction and staff has received a final plat application for 31 lots for the development. The project owners are working with NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 249 NCDOT to finalize plans to install the signal and turn lanes along Blount Drive. The actual impacts of traffic have not been seen yet because the 740 units have not been built. Commissioner Zapple asked if the traffic impacts were a concern of Mr. Schuler’s in looking over this from a planning standpoint. Mr. Schuler responded that it is not because the larger developments have received a TIA or are in the process of getting a TIA improved. They are expected to install the roadway improvements to mitigate the impact along Gordon Road. Commissioner Zapple stated that all of those improvements are right in front of the area where they dump out. Within a couple hundred yards either way, a driver has to deal with the two-lane road of Gordon Road. In speaking with NCDOT Division 3 Chief Engineer Karen Collette, his understanding is there is still no funding for improvements on Gordon Road. It feels to him these projects are creating the potential of a miserable traffic mess on Gordon Road by adding more to it. While he thinks the project is terrific and is fully supportive of it, he is deeply concerned about the incoming traffic impacts. Mr. Schuler stated that staff is working with the WMPO and its long range plan to have a project included in their long range planning document to propose widening Gordon Road. Commissioner Zapple asked Mr. Schuler to confirm if it is correct that in the trip calculation, a credit is being used of what could be built which is 13 dwelling units and using that number to subtract from the number of proposed, or in theory, trips generated by the p.m. hour. Mr. Schuler confirmed that was correct. He further explained that staff notes if the property was to be developed by-right under its current zoning district, what the expected trips would be from that and what is being proposed. The net difference is what is being proposed and overall, it is still 50 to 60 trips. He further confirmed this is correct even if there is no credit back to the other trips that will be generated in theory. Based on the ITE Trip Generation Manual, a recreation facility of this site generates 46 tips in the a.m. peak hours and 61 in the p.m. peak hours. Commissioner Zapple stated that there are four soccer fields and with 11 players on either side, there is the potential for a lot of people and a lot of trips. He asked how the calculation for the trips for a such wide variety of uses was done. Director Clark stated that it might be better to have Ms. Kimes or Mr. Hughes speak to this part. However, it is based off the Institute of Transportation Engineers (ITE) manual. It is a statistically valid analysis based off of averages. Director Clark asked Ms. Kimes to provide the information on the trip generation calculation. Ms. Kimes stated the ITE manual is used for trip generation calculations and has all the different uses in it and staff used the use that best fits that. In regards to soccer fields, staff is looking at the peak hour which is typically between 4:30 p.m. and 6:30 p.m. The soccer fields are just going to be used during that time for the kids that are in the daycare. The private of use of those fields for the big kids at night doesn’t start until 7:00 p.m., so they are not going to start arriving until 6:45 p.m. In looking at trip generators, what is being looked at is the peak hour because that is the worst hour and when the most opposing traffic is on the roadway. Once you start getting past 6:30 p.m., it starts slowing down so the roadway can handle more additional traffic and staff wouldn’t really look at those fields as a separate generator. They only look at the students that are in there until 6:00 p.m. because the peak hour is going to end at that time. They are going to arrive at different times, they are not going to overlap. Commissioner Zapple asked Ms. Kimes what would occur if the program is changed. Ms. Kimes responded that can be looked at what is the typical facility and across the board the typical daycare closes at 6:00 p.m. She would expect it to stay that way, but what staff looks at is the peak hour and right now the peak hour is for the daycare facility/after school program. Commissioner Zapple asked Ms. Kimes of the 740 housing units forthcoming, how many trips those would generate. Ms. Kimes responded that off the top of her head she does not know. A typical single family home is 10 trips per day (entering or exiting movements). It is typically one trip during the a.m. peak hour and one during the p.m. peak hour. Commissioner Zapple asked Ms. Kimes if it was safe to say there is going to be a substantial number of trips in that immediate area even before getting to this proposed business. Ms. Kimes confirmed he was correct with a possible significant amount of children who would be utilizing this facility as well. A service is being provided from a traffic generation standpoint that would be within the community that would keep people from driving from the other end of Gordon Road or across town to have kids in this type program. Commissioner Zapple stated that it has been mentioned several times about the current facility in Dutch Square. Dutch Square has access off of Green Meadows Drive and Market Street as well as Gordon Road. He asked for confirmation that this site has one way in and one way out. Ms. Kimes stated that this is not a project where a TIA has been done and she has not been as involved with it. It is her understanding there are steps being taken to gain additional access. If that was able to be obtained via Smith Creek apartments, that would provide access through either Smith Creek’s driveway or all the way over to possibly Blount, which will become a signalized intersection with the improvements from The Landing at Lewis Creek Estates. Commissioner White asked for confirmation that one of the developments that has been approved but has not begun yet, puts the burden/onus on the developer for improvements that are significant improvements to Gordon Road at two of the three intersections right near this particular project. Mr. Schuler confirmed that The Landing at Lewis Estates has to make multiple improvements to Gordon Road including adding a signal, some turn lanes, and extending existing turn lanes. Commissioner White asked Mr. Schuler to confirm that these improvements would not be happening under NCDOT and are improvements that lower the LOS at two of the three intersections. Mr. Schuler stated that he believes that is correct. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 250 Commissioner White then asked if it was fair to say when putting daycares and fields or any use closer to densely populated areas, that in theory traffic congestion drops. This is because it is less trips across town to a daycare or a sports field. He also asked if that is generally the concept behind mixed use and behind land planning in general. Mr. Schuler responded that is currently what staff is pushing for and what the Comprehensive Land Use Plan really promotes. The County’s concept of complete communities is putting people next to the services they commonly use therefore, reducing the amount of time they are in a vehicle and free up the roads for a longer period of time. County Manager Coudriet stated that as one of the Board’s staff persons, he is recommending approval and it is important and he should have noted this during agenda review. From the recommendation he is making, understanding that this is a quasi-judicial process, no evidence has been provided that would indicate the increase in traffic to the property would materially endanger the public health or safety. It is important to note that because it is one of the four standards that the Board must find to rule in favor or against. There has been nothing presented in the record to this point that would suggest the use is materially endangering to the public’s health or safety with the increase in traffic at that location. Hearing no further discussion, Chairman Barfield asked Ms. Wolf if she agrees with staff findings and any proposed conditions. Ms. Wolf stated yes. Chairman Barfield asked for direction from the Board. Commissioner Zapple stated that in response to Commissioner White’s comments earlier about the improvements that are happening at The Landing at Lewis Creek Estates, it's terrific work. That indeed will help that immediate project, but it does very little to deal with the traffic, again, on either side of the improvements. For a few minutes or seconds in pulling in and out the access may be improved, but his greater concern is Gordon Road. He knows that he has been very vocal about this and consistent in that. Gordon Road is horribly over capacity at this point, it is dangerous, and heavily traveled. What is being looked at, due to the actions taken by this Board, is adding 740 more housing units in that area and now being on the cusp of adding another business at that point and putting more traffic on Gordon Road. To him, that alone presents an endangerment of public health and safety by the amount of traffic. Motion: Commissioner Zapple MOVED to deny the request because the Board cannot find in finding of fact number one that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. The motion failed for lack of a second. Chairman Barfield asked if there were any other motions from the Board. Motion: Commissioner White MOVED, SECONDED by Commissioner Kusek, to approve as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the finding of facts included in the staff summary, and with the conditions as recommended by the Planning Board: 1.Appropriate pavement markings shall be installed along the 60-foot access easement from Gordon Road to the subject site to identify two lanes of travel. 2.Flashing, animated, and digital signs shall be prohibited. Upon vote, the MOTION CARRIED 4-1. Commissioner Zapple voted in opposition. A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book IV, Page 74. PUBLIC COMMENT ON NON-AGENDA ITEMS Chairman Barfield reported that one person had signed up to speak on non-agenda items and invited the speaker to step forward. Scott Griffin, a resident of Pelican Drive, stated that he wants to make the County and citizens aware of the electronic recording submitter agreement between the Register of Deeds and how that affects citizens and their equitable real property. Nearly ten years ago to the day, the Treasury Secretary informed all citizens that our financial decline was problematic in part due to trillions of dollars of worthless mortgage backed securities. The former Chairman and Security Exchange Commissioner Mr. Arthur Levitt was quoted as stating “I have many lawyers at the entire SEC as one major law firm representing lenders.” Mr. Levitt described a ten-year lag between identifying a financial fraud scheme and its ultimate exposure. It won't come out for ten years and the banks know that. By then they are already onto the next scam. This brings us forward to tonight, December 3rd, 2018, nearly ten years to the day of when the Treasury Secretary told America we have trillions of dollars of worthless mortgage backed securities. Mr. Griffin grew up at 64 Pelican Drive, his folks own that home and they sold it in 2005 to developers. Like many folks in the area, Mr. Griffin had a number of properties. He did a deed swap, basically, swapped collateral with SunTrust Bank or so he thought. He has spent a tremendous amount of time getting to the bottom of this because no one wants to help. Everyone is scared of a bank. He is not scared of a bank. To share with the Board what the problem is, the banks have oversold interest in our communities’ equitable real property. These are known as double NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, DECEMBER 3, 2018 PAGE 251 sold or double pledged loans. They have liens on our real property. These are known as mortgage servicing rights. These are intangible assets that are held off balance sheet accounting with the lenders. Mr. Griffin stated that he would allege that his home at Wrightsville Beach has $41 million of loans against it based on documentation he has obtained. He subsequently filed a complaint with the Office of Inspector General (OIG) who vetted his compliant. The OIG forwarded it to the Federal Reserve in Atlanta and he has received a letter that SunTrust bank is under investigation based on his allegations. Chairman Barfield made Mr. Griffin aware that three minutes are allotted for public comment and his time was almost up Mr. Griffin further stated that the Register of Deeds, Tammy Beasley, is wonderful and has given him a lot of time. He alleges that there are third party vendors who, on behalf of financial institutions, are abusing the intent of the e-recording statute in the ways it is not supposed to be done. Meaning, sellers are not allowed to substitute trustees. To the extent some of the Board does not know him, but within 24 hours, he had a personal referral from the former Deputy Director of Investigations of the Office of the Special Inspector General for the Troubled Asset Relief Program to the specific council of the SEC. This is real and he is not the only person. We are blessed to live in a community that has value. He would ask for the Board’s support in continuing to monitor this and support Ms. Beasley in anything she asks to bring in oversight to reel in this reckless behavior. He can say the reason there are trillions of worthless backed securities is because $41,000,000 of them are at 64 Pelican Drive. Chairman Barfield thanked Mr. Griffin for his comments. He asked County Attorney Copley to discuss Mr. Griffin’s concerns with Ms. Beasley and provide more insight to the Board on this matter. ADJOURNMENT There being no further business, Chairman Barfield asked for direction from the Board to adjourn the meeting. Motion: Commissioner Kusek MOVED, SECONDED by Vice-Chairwoman Olson-Boseman to adjourn the meeting at 6:18 p.m. Upon vote, the MOTION CARRIED UNANIMOUSLY. 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.