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2020-03-09 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MARCH 9, 2020 PAGE 484 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, March 9, 2020, at 4:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chair Julia Olson-Boseman; Vice-Chair Patricia Kusek; Commissioner Jonathan Barfield, Jr.; and Commissioner Rob Zapple. Commissioner Woody White was absent. Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Kusek to excuse Commissioner White from the meeting. Upon vote, the MOTION PASSED 4 - 0. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Mark Gaskins, Temple Baptist Church, provided the invocation and Commissioner Barfield led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Olson-Boseman requested a motion to approve the Consent Agenda as presented. Commissioner Zapple requested the removal of Consent Item #7: Approval of the Second Reading of a Solid Waste Franchise for Wall Recycling, LLC. and Consent Item #10: Adoption of a Resolution for Award of Bid for the Partial Closure of Landfill Cells 2-6E from the Consent Agenda for further discussion and consideration. Hearing no other comments, Chair Olson-Boseman requested a motion to approve the remaining items on the Consent Agenda as presented. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Kusek, to approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION PASSED 4 – 0. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Regular Meeting of February 17, 2020 and the Closed Session Meeting of February 17, 2020. Approval to Submit a 2021 Grant Application to the North Carolina Governor’s Highway Safety Program (GHSP)/Regional Forensic Laboratory – Sheriff’s Office This agenda item was removed prior to the meeting in order to allow lead staff to modify the use of funds to reflect the primary ask for equipment and will be brought forward for Board consideration at a future date. Approval to Submit a 2021 Grant Application to the North Carolina Governor’s Highway Safety Program for Funding in the Amount of $25,000 and Adoption of Associated Resolution – Sheriff’s Office The Commissioners approved the submission of a FY20-21 grant application for the GHSP grant funding in the amount of $25,000 and adopted the associated resolution. GHSP needs assistance in gathering statistics and coordinating the initiatives of "Booze It and Loose It" and "Click It or Ticket" for Region 3. The total project cost is $25,000; $3,000 for in-state and $7,000 for out-of-state travel and training reimbursements for Sheriff's Office personnel that will assist in the campaigns and training; $10,000 for four radar units; and $5,000 for pole mounted speed display signs. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 5.1. Approval to Submit an FY20-21 U.S. Department of Justice, Office of Community Oriented Policing Services, Internal Affairs System Grant Application – Sheriff’s Office The Commissioners approved the submission of a FY20-21 U.S. Department of Justice, Office of Community Oriented Policing Services, Internal Affairs System grant application. The Community Policing Development Microgrants program is to provide law enforcement agencies funding for demonstration or pilot projects that increase their capacity to implement innovative projects that address officer safety and wellness. This grant will be used to fund the modernization of Internal Affairs' early intervention and integrity software. In addition to early intervention and integrity, this software will identify trends and training needs within use of force. The total grant amount is $46,000. Local grant match is not required. Adoption of a Resolution of Support for the Transfer of the Cape Fear Locks and Dams to a Third Party in Order to Protect Potable Water Supply – County Manager The Commissioners adopted a resolution of support for the transfer of the Cape Fear Locks and Dams to a third party in order to protect potable water supply. The U.S. Army Corps of Engineers has proposed to de-authorize and transfer ownership of the Cape Fear River Locks and Dams in the Cape Fear River between Wilmington and Fayetteville, NC, as they are no longer needed for commercial navigation. Both the Lower Cape Fear Water and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MARCH 9, 2020 PAGE 485 Sewer Authority and the Cape Fear Public Utility Authority have raw water intakes located upstream of Lock and Dam No. 1 and the intake for both utilities rely on the pool of water created by the height of Lock and Dam No. 1, making it crucial to our region’s water supply. At this time, the State of North Carolina, in collaboration with the North Carolina Department of Environmental Quality (NCDEQ) and North Carolina Department of Transportation (NCDOT), have submitted a letter of intent to the U.S. Army Corps of Engineers to obtain ownership of the locks and dams. Fayetteville Public Works Commission has also expressed a willingness to be the lead agency, and if successful in acquiring the locks and dams would transfer Lock and Dam No. 1 to the Lower Cape Fear Water and Sewer Authority. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 5.2. Approval of the First Reading of a Solid Waste Franchise for Waste Management – County Attorney The Commissioners approved the first reading of a solid waste franchise to be granted to Waste Management. Pursuant to Section 44.55, the applicant has provided information about his business organization, equipment, personnel and fiscal responsibility. The Environmental Management Director and the Chief Financial Officer have no objections to the franchise request. The initial franchise period would run for seven years. A second reading is required. Adoption of a Resolution Supporting New Methyl Bromide Regulations – Health and Human Services The Commissioners adopted a resolution supporting new Methyl Bromide regulations governing the use of Methyl Bromide for log fumigation. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 5.3. Adoption of National Nutrition Month Proclamation – Health and Human Services The Commissioners adopted a proclamation recognizing March 2020 as National Nutrition Month in New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 5.4. Denial of an Application for the Waiver of Landfill Tipping Fees for the City of Wilmington – Environmental Management The Commissioners denied the request for the waiver of landfill tipping fees for the City of Wilmington (North Waterfront Park site). The Environmental Management Department received an application from the City of Wilmington for a waiver of landfill tipping fees. The request is for the waiver of fees for up to 500 cubic yards of contaminated soils from the North Waterfront Park site in Wilmington. The total of fee waivers granted for the current fiscal year to date is $332,326. This request represents an estimated $24,000 in landfill tipping fees. Unfortunately, as a result of the contamination present in the soil, the material is unsuitable for use as an alternative daily cover for the landfill. Additionally, this fee waiver request falls outside the sources of requests the tip fee waiver program was originally intended to support. If this waiver were approved, it would establish a precedent for waiving fees for municipal projects county-wide, where the original intent was to waive fees from 501(c)(3)–related projects, county-owned facility projects (such as NHC Schools), and community cleanups. In light of the significant loss of revenue, the lack of beneficial use of the material, and the incompatibility with the intent of the program, the department did not recommend approval of this request for tipping fee waiver. Approval of January 2020 Tax Collection Report – 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 January 2020. Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XLI, Page 5.6. Discussion of Consent Item #7 - Approval of The Second Reading of a Solid Waste Franchise for Wall Recycling, LLC. – County Attorney In response to Board questions regarding Wall Recycling, LLC, Environmental Management Director Joe Suleyman stated the company does both disposal and recycling. They are originally from Virginia and had started out as a scrap metal business, but then expanded their services. They will service the unincorporated portion of the County in the residential areas. As far as the incorporated areas, such as within the City of Wilmington and other towns, they will step in for construction and renovations, but as far as residential that will stay within the City of Wilmington’s purview. Additional information: The Environmental Management Director and the Chief Financial Officer have no objections to the franchise request. The initial franchise period would run for seven years. The first reading was approved unanimously on February 17, 2020. A copy of the franchise agreement is available for review in the legal department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MARCH 9, 2020 PAGE 486 Discussion of Consent Item #10 - Adoption of a Resolution for Award of Bid for the Partial Closure of Landfill Cells 2-6E to Wells Brothers Construction Company, Inc. – Environmental Management In response to Board questions about why Thalle Construction, Inc.’s construction bid information was not included in the agenda packet, Mr. Suleyman stated typically only the top two bidders are included in the packet. Regarding the breakdown of the materials included and why the flaring was not included in the landfill gas collection system, Mr. Suleyman stated this part of the closure incorporates part of the landfill that does not have any gas collection in it. They typically want to install the collection wells prior to a closure and then put a liner system along the wells. However, the department was not able to get it done in time, so it was incorporated into this closure project. The contractor will subcontract the work to the contractor that currently oversees the landfill gas operations and maintenance of the system. Regarding questions about the long-term impact of collecting recyclables from residents, Mr. Suleyman stated if there is no change in the market, it would be about a $50,000 impact to the department budget on an annual basis. Since oil prices have dropped again, that means the commodity prices for plastic will drop correspondingly. There is still a decent domestic market for items such as soda bottles, laundry detergent bottles, etc. With about 60% of all the recycling composed of mixed paper and the material current value of zero dollars, that is where the biggest impact is seen. The County has a great partner that has the domestic ability to market the recyclable material but it is at a lower negative cost. The recyclable material is kept out of the landfill, but they are seeing increased costs which was factored into the budget for next year. In response to Board questions on burning trash, Mr. Suleyman stated part of his job is keeping up with advances in the solid waste industry. He is interested to learn what the next advances will be knowing that the landfill life is limited and there are few options once the space is exhausted. There are many developing technologies in the same family as incineration, but it is addressed where it’s not in an open combustion and instead in a sealed vessel. The downside is that it is expensive technology and hasn’t been proven on the commercial scale. At this point it wouldn’t address the volume of waste in this County, which is at about 2,000 tons per day. Additional information: The award of the contract for the partial closure of landfill cells 2-6E to Wells Brothers Construction Company, Inc., is at a cost of $5,967,047.00 and authorizes and directs the County to negotiate and execute a contract, the form of which shall be approved by the County Attorney. The lowest responsible bidder for the project is Wells Brothers Construction Company, Inc., at a bid amount of $5,967,047.00. The capital project ordinance for the Landfill Northern Property Closure was adopted on April 8, 2013. There are sufficient funds available in the Northern Property Closure capital project fund for payment of this contract to partially close landfill cells 2-6E. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Kusek to approve Consent Items 7 and 10 on the Consent Agenda as presented. Upon vote, the MOTION PASSED 4 – 0. A copy of the resolution for Consent Item #10 is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 5.5. REGULAR ITEMS OF BUSINESS INTRODUCTION OF NEW HANOVER COUNTY SCHOOLS INTERIM SUPERINTENDENT DR. DEL BURNS Chair Olson-Boseman invited Interim Superintendent Dr. Del Burns to make remarks. Dr. Burns stated he will be serving the New Hanover County School District for the next six months while the school board engages a search for a permanent superintendent. During the transition, there are two primary things he would like to accomplish which are one, to operate the school system, and secondly, to prepare the district for the arrival of the permanent superintendent. This requires that he spend time understanding the system, organization, structure, and makes recommendations in some manner for changes to be made. He stated the team will work to inspire confidence, regain trust, communicate effectively, be transparent, and be held accountable. He holds himself to high standards and expects others to do the same, which he knows they do. One of the things he has learned since he began is that the Commissioners support the school system and the funding for positions will be of value going forward at a time the district needs them, and it is nothing short of amazing in his experience. He thanked the Commissioners on behalf of the school board and school system for how they have helped and continue to help the district. Commissioner Barfield welcomed Dr. Burns to the district. He further stated he hopes the school board will look to the Deputy Superintendent. He spoke with many members of the Board of Education and was disappointed she was not considered to be in the role of superintendent. His question is how can someone be a Deputy Superintendent but not be qualified to serve as Superintendent. He would like Dr. Burns to take back the message that he hopes a strong look is given to the Deputy Superintendent as Board of Education has a great candidate right in their own wheelhouse as opposed to losing that great talent and going some other place. Commissioner Zapple thanked Dr. Burns for coming to the meeting and for the words about the Commissioners’ support of the school system over the years. He knows he will be welcomed by the school system and the Commissioners as well. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MARCH 9, 2020 PAGE 487 Chair Olson-Boseman welcomed Dr. Burns to the county and thanked him for attending the Board meeting. UPDATE ON COVID-19 Public Health Preparedness Coordinator Lisa Brown, provided an update regarding COVID-19. The virus that causes COVID-19 is a coronavirus and there are seven known coronaviruses that cause illness in people. This one is the most recently discovered. What has been learned globally is that 80% of the cases tend to be mild. It can look similar to the flu and symptoms include fever, dry cough, and shortness of breath. For those in the community who are elderly or have underlying health conditions, there is more of a concern that there could be more serious complications. Currently, in the County there are no confirmed cases of COVID-19 and in the state there are two confirmed cases. In the United States as of today, there are 600 cases and 22 deaths. The largest outbreaks are in King County, Washington with 83 cases and Westchester County, New York with 98 cases. Globally, there are 111,397 cases reported and 3,892 deaths. Emergency Management Director Steven Still provided an overview of the County’s preparation to respond to COVID-19 if necessary. Over the past 12 days, a team comprised of Public Health, Emergency Management, and Communications and Outreach staff have been preparing a framework particularly to the response of COVID-19. There are existing plans in place for influenza and other high consequence pathogen plans that have been tailored and modified to address the current situation. There are five key objectives to the framework. The first objective is to reduce the impact of COVID-19 and minimize illness, suffering, and loss of life. Objective two is to promote early detection of COVID-19. Objective three is to facilitate an organized and coordinated a response by Public Health and other community partners. Objective four is to minimize the economic loss, psychological toll, and social disruption of a pandemic. Objective five is to promote preservation and continuity of the essential government operations. This morning, a meeting was held with governmental, quasi-governmental, and public safety partners to discuss the framework, how it pertains to the group, operations, and what it looks like going forward if there is to be seen an increased risk of community transmission. Communications and Outreach Coordinator Kate Oelslager presented information regarding the communication efforts. Two weeks ago, the implementation of a communications plan began to keep our community and partners informed and encourage the public to follow the County’s messaging of prevention and th preparation. On February 26, the local preparations were announced and the County webpage dedicated to COVID- 19 was updated with information tailored to the community. The website is health.nhcgov.com/coronavirus. A video has been created that shares information and key messages on COVID-19 that is being shown on NHCTV and has been shared several times on social media, along with a series of social media posts with facts and tips to prevent and prepare for COVID-19. Flyers in English and Spanish have been disseminated to community partners and the public at-large to post at schools, businesses, community centers, churches and anywhere the public is invited. Many interviews have been conducted with Ms. Brown serving as the spokesperson as well as utilizing standing meetings that County staff is already involved in, as well as attending other meetings to provide updates. The team is making a concerted effort to get to the more vulnerable and harder to reach residents by working with the New Hanover Disaster Coalition to share information with their network of non-profits, faith leaders, and various community organizations. Information has been communicated with licensed residential facilities, food establishments, and the business community for how to help prevent COVID-19 and how to prepare if it impacts their operations in the future. Communications will increase and messaging will enhance as the County sees the COVID-19 information and guidance from the Center for Disease Control and Prevention (CDC) and the state evolve. Information about preparation and prevention will also start rotating on the electronic billboards in town today. Messaging on the County’s website, social media, and other channels will become more detailed as guidance for the at-risk populations, guidance for travel, or infection control continues to be built out. Some key messages are to practice the protective measures as one would do with any respiratory illness: wash your hands, cover your mouth, stay home and away from others if sick, and look closely at the preparation piece based on the ReadyNHC pillars: make a plan, build a kit, and stay informed in order to be ready if COVID-19 affects the area. Communications in the event of a local case, some partial activation will be seen of monitoring operations through The Emergency Operations Center (EOC). The Joint Information Center (JIC) will be set up with the Communications and Outreach team to coordinate announcements, information sharing, and community mitigation that might be needed. They will work closely with partners and the media to get the information out quickly and consistently. In response to questions about what additional measures are being taken at the Senior Resource Center (SRC), Ms. Brown stated public health has met with the SRC and they have been proactive in thinking through and enhancing the infection control protocols. They have also taken an additional step to add to the flyer that the County developed some practical tips for the vulnerable population to be prepared. She believes the flyer will be delivered with Meals on Wheels deliveries and might already be as of this morning. The SRC is actively monitoring and engaging in discussions with Public Health. Regarding questions about if there have been discussions with the NC State Port (Port) here in Wilmington and preparations for this matter, Mr. Still stated that area was a concern very early on and discussions began right away during the planning process. The Preparedness and Safety Coordinator for the Port is an ex-Coast Guard officer and is very aware of the rules and regulations that are required for vessels coming into the Port to report if someone is sick or ill. After speaking with the Coast Guard and the Port, he feels comfortable that they have a firm handle on what is coming into the Port. After discussions yesterday, the Port of Wilmington is a second stop into the nation. If there are overseas vessels coming in, 90% of the time they will stop at a larger port because it is usually on the way to Wilmington. The vessels would meet Customs and Border Patrol at the first stop and then there will be a secondary stop at the Port in Wilmington as far as container vessels. Regarding the issues being faced in Italy and other NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MARCH 9, 2020 PAGE 488 countries, Mr. Still stated it provides extra planning opportunities to learn from those areas to determine effective and non-effective approaches. Regarding questions about the messages being shared with the more vulnerable population, Ms. Oelslager stated a way messaging is being addressed to prevent social isolation for those populations is by working with non- profits and faith-based partners in asking them to think ahead in ways their volunteers and congregations can help. Possibly volunteers could do grocery store runs for the vulnerable population. Ms. Brown stated another option would be to engage with people remotely and to explore those options to keep people involved in activities in a different way. If measures are necessary to ask for social distancing, it will be incumbent on those who are not in a higher risk category to look after others and to help keep them safe. In response to Board questions about what is different about this virus than SARS or ZIKA virus, Ms. Brown stated ZIKA is mosquito born. SARS is also a coronavirus and its lethality was much higher. COVID-19 is new and there are concerns because there is no immunity since there is no vaccine. Vice-Chair Kusek expressed appreciation for the reasonable, logical, calm, and thorough response. She encouraged the community to stay calm, proactive, caring, to not spread panic, and use common sense. It will pass and she implored on the media to assist with the handling of the information. Chair Olson-Boseman thanked Ms. Brown, Mr. Still, and Ms. Oelslager for providing the update. CONSIDERATION AND APPROVAL OF 2019-20 BOARD OF EDUCATION BUDGET AMENDMENT #3 New Hanover County School Chief Financial Officer Mary Hazel Small stated she is presenting a request from the Board of Education for approval of a budget amendment transferring $1.5 million in bond funds for completed projects to other projects. At its February 4, 2020 meeting, the New Hanover County Board of Education approved 2019-20 Budget Amendment #3, which:  Transfers $1,506,994 in savings from the following bond projects: Porter’s Neck Elementary School ($529,953); College Park Elementary School Replacement ($134,870); Blair Elementary School Replacement ($238,403); Hoggard High School Additions and Renovations ($78,139); New Hanover High School Renovations ($50,000); Myrtle Grove Middle School Renovations ($93,704); Veterans Park Roof Coating ($116,458); Laney Abatement/Carpet Replacement ($22,370); HVAC and Controls Improvements at Various Schools ($230,856); and Moving Modular Units ($12,241).  Transfers $1,506,994 to the following bond projects and for the following purposes: relocation of mobile units and unforeseen site and structural conditions at Roland-Grise Middle School ($300,000); roof replacement at Noble Middle School ($750,000); asbestos abatement at Hoggard High School ($70,000); additional roof area for New Hanover High School roofing project ($22,000); additional mobile unit at Ashley High School ($350,000); and $14,994 for Contingency. In response to questions about where the modular units are located, Ms. Hazel Small stated it is an additional unit for Ashley High School and Mr. Eddie Anderson explained the unit is coming from Trask Middle School. Regarding questions about the roof projects and whether it is new construction or from the hurricanes, Mr. Anderson stated it is new construction. The roof at Trask is part of roof management plan and has exceeded its life expectancy, and needs to be replaced. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Kusek, to approve 2019-20 Board of Education Budget Amendment #3. Upon vote, the MOTION PASSED 4 - 0. CONTINUANCE OF A PUBLIC HEARING OF A SPECIAL USE PERMIT REQUEST BY TRIBUTE COMPANIES ON BEHALF OF THE PROPERTY OWNER, COSWALD, LLC, FOR A SPECIAL USE PERMIT TO DEVELOP RESIDENTIAL USES WITHIN A COMMERCIAL DISTRICT ON APPROXIMATELY 15.6 ACRES OF LAND LOCATED IN THE 200 BLOCK OF LENDIRE ROAD, NEAR THE 7200 BLOCK OF MARKET STREET (S19-02) Chair Olson-Boseman stated that Matt Nichols with the Law Office of Matt A. Nichols on behalf of the property owner Coswald, LLC, has requested this item be continued and requested Mr. Nichols to provide an update. Mr. Nichols stated he represents the applicant and on the applicant’s behalf he is respectfully asking for a th continuance of the matter until the April 6 meeting when all five Commissioners will be present. At the October st 21 meeting, there was an extensive public hearing and the Board voted to continue the matter for additional evidence regarding two general areas, which were roadway improvements and stormwater analysis. All five Commissioners were present to hear the request at that time, which is the reason for this continuance request so that all five Commissioners can continue with the additional evidence. In response to Board questions, Mr. Nichols confirmed that the request for continuance is based on the fact that four Commissioners are present, not five and does not have to do with the information prepared and ready to move forward with. The matter was a quasi-judicial hearing, it is a factual hearing where the Board sits as the judge NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MARCH 9, 2020 PAGE 489 and jury and at the prior meeting the fifth Commissioner was present to hear the presented evidence and there is additional evidence to be heard. The request to continue is so that the full Board can hear the additional evidence. st Regarding if the public comment period was opened or closed at the October 21 meeting, County Manager Coudriet stated the public hearing was closed. Chair Olson-Boseman stated it would not be re-opened as Commissioner Barfield as Chairman at the time opened and closed the public hearing. Chair Olson-Boseman requested direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to continue the public hearing for a Special Use Permit request by Tribute Companies on behalf of the property owner, Coswald, LLC, to develop residential uses within a commercial district on approximately 15.6 acres of land located in the 200 block of Lendire Road, near the 7200 block of Market Street until the Regular Meeting of April 6, 2020. Upon vote, the MOTION PASSED 4-0. Commissioner Barfield stated an article has been published where a new North Carolina General Assembly House Committee is charged with reviewing local residential permitting and planning, opened hearings last week with an aim to “streamline” permitting and create a more uniform approach across the state. He requested the Planning Department staff to stay informed on the situation. County Manager Coudriet stated Planning Director Wayne Clark is familiar with the situation and is staying updated. CONTINUANCE OF A PUBLIC HEARING FOR A REZONING REQUEST BY DESIGN SOLUTIONS ON BEHALF OF THE PROPERTY OWNER, RAIFORD G. TRASK JR. REV TRUST, TO REZONE APPROXIMATELY 10.35 ACRES OF LAND LOCATED NORTH OF THE 3300 BLOCK OF PARAMOUNT WAY IN THE NORTHCHASE PLANNED DEVELOPMENT, AND SOUTH OF INTERSTATE 140, FROM O&I, OFFICE AND INSTITUTIONAL DISTRICT, AND R-15 RESIDENTIAL DISTRICT, TO R-5, MODERATE-HIGH RESIDENTIAL DISTRICT (Z19-12) Chair Olson-Boseman stated the applicant, Raiford G. Trask Jr. Rev Trust, has requested that this item be continued and invited Cindee Wolf with Design Solutions to provide information regarding the request. Ms. Wolf stated she is the authorized agent for the applicant. As there is a small panel that is worked with to make the decisions, she is respectfully requesting a continuance so that a full Board can be present. There was some opposition at the Planning Board meeting and the attorney representing the opposition is not present as they were informed the applicant is requesting a continuance. The Planning Board denied the request with a vote of 3-3, which is technically a denial, and this is an appeal of the Planning Board’s decision. In response to Board questions whether any new information had developed since the Planning Board meeting, Ms. Wolf stated as the request is a conventional, straight rezoning, there is not a lot of information other than the points of consistency with the Comprehensive Land Use Plan. Chair Olson-Boseman requested direction from the Board. Commissioner Zapple stated he would make the motion to allow for the continuance but with much concern. Someday, the Board will end up with 12 or 14 land use items on the agenda and it will not be fair to the ones that come later. The Board has the time and it was noticed to do this tonight. Vice-Chair Kusek stated she would second the motion. It appears to her the applicants are coming with the assumption that the Board will grant the continuance. She does not think that should be the case as the Board may not always do that. She hopes that next time Ms. Wolf has a planning item, she will attend the meeting with all the parties present. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Kusek to continue the public hearing for a rezoning request by Design Solutions on behalf of the property owner, Raiford G. Trask Jr. Rev Trust, to rezone approximately 10.35 acres of land located north of the 3300 block of Paramount Way in the Northchase planned development, and south of Interstate 140, from O&I, Office and Institutional District, and R-15 Residential District, to R-5, Moderate- High Residential District. Upon vote, the MOTION PASSED 4-0. A brief discussion was held regarding what specific date to schedule the public hearing for this request. Commissioner Barfield stated that his concern is that there are people who take time to come to the meetings. Without prior notice, the Board learned today of the potential continuance request, that is not giving people that want to speak on the matter time to make plans. He does not want this to become a habit for the Board. He stated he would make a motion to move the matter to the May 4, 2020 meeting. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to continue the public hearing for a rezoning request by Design Solutions on behalf of the property owner, Raiford G. Trask Jr. Rev Trust, to rezone approximately 10.35 acres of land located north of the 3300 block of Paramount Way in the Northchase planned development, and south of Interstate 140, from O&I, Office and Institutional District, and R-15 Residential District, to R-5, Moderate-High Residential District until the Regular Meeting of May 4, 2020. Upon vote, the MOTION PASSED 4-0. PUBLIC HEARING AND DENIAL OF REZONING REQUEST BY GARY MOORE TO REZONE APPROXIMATELY 1.56 ACRES OF LAND LOCATED AT 7824 MYRTLE GROVE ROAD AND 6751 CAROLINA BEACH ROAD FROM R-15, RESIDENTIAL NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MARCH 9, 2020 PAGE 490 DISTRICT, TO (CZD) O&I, OFFICE AND INSTITUTIONAL DISTRICT, IN ORDER TO DEVELOP A RECREATIONAL VEHICLE AND BOAT STORAGE LOT (Z19-16) Chair Olson-Boseman opened the public hearing and requested staff to make the presentation. Senior Planner Brad Schuler stated the applicant was unable to attend the meeting. It was not because of the four Commissioners on hand, but rather the applicant did not realize the meeting began at 4:00 p.m. and could not make it in time as he is currently in Raleigh. He sent an email request for a continuance. However, it is the Board’s discretion whether or not the continuance is approved. Commissioner Barfield stated he would recommend that the Board proceed with the matter. Vice-Chair Kusek stated she agreed with the recommendation. After a brief discussion, there was general consensus of the Board to proceed with the public hearing. In response to Board questions about whether the applicant was notified of the meeting time, Mr. Schuler stated it was announced at the Planning Board meeting and the applicant was present for that meeting. A notification letter was also mailed and the address is pulled from the tax records, but the applicant recently moved and the address was not correct in the tax records. Mr. Schuler presented the request by Gary Moore to rezone approximately 1.56 acres of land located at 7824 Myrtle Grove Road and 6751 Carolina Beach Road from R-15, Residential District, to (CZD) O&I, Office and Institutional District, in order to develop an outdoor boat/RV storage lot. it is located just north of the intersection of Carolina Beach Road and Myrtle Grove Road in the southern portion of the County. There is a mixture of lower density residential developments and non-residential uses. The site is currently an undeveloped, wooded tract of land consisting of about 1.5 acres. The facility would contain a maximum of 51 parking spaces. The site plan has been updated since the Planning Board meeting. Specifically, it removed a wash down area for the vehicles, which has resulted in additional space for stormwater management areas. The applicant has also proposed a new condition limiting the hours of operation for the facility from 6:00 a.m. to 9:00 p.m. The property has direct access to both Carolina Beach Road and Myrtle Grove Road, however, due to the narrowness of the site, travel through the facility is limited to one-way travel. Vehicles would enter from Carolina Beach Road and exit onto Myrtle Grove. There are two conditions proposed by the applicant of saving a 30” oak tree located along Carolina Beach Road and as previously mentioned, limiting the hours of operation from 6:00 a.m. to 9:00 p.m. In addition to those conditions there are specific use standards in the Unified Development Ordinance (UDO) for this use which would prohibit any overhead covering to be installed and prohibit any repair or maintenance of the vehicles on the site. As for traffic, the proposed use is estimated to generate less than 10 trips during the peak hours. In addition, recent traffic counts indicate capacity currently exists on Carolina Beach Road and Myrtle Grove to handle the additional traffic. There are currently no North Carolina Department of Transportation (NCDOT) projects currently planned for the area. The 2016 Comprehensive Land Use Plan classifies the subject property as Community Mixed Use. The proposal is generally consistent with the Comprehensive Land Use Plan as it would provide a service to the surrounding area. The Planning Board considered this application at its December 5, 2019 meeting and recommended (5-0) denial of the request. While the Planning Board found it to be consistent with the 2016 Comprehensive Land Use Plan, it was found denial of the rezoning was reasonable and in the public interest. Board members expressed concerns about the hours of operation, environmental impacts from the wash-down area which has been addressed by the applicant, the one-way travel movement from Carolina Beach Road through to Myrtle Grove Road, the number of trees needed to be removed to accommodate the construction of the facility, and that the subject property would be more suitable for a residential development rather than the proposed use. In response to Board questions about whether a TIA was completed, Mr. Schuler stated there was not. Regarding whether it was discussed at the Planning Board about concerns of vehicles turning into the property off of Carolina Beach Road, Mr. Schuler confirmed it was and one-way travel was one of the concerns. This was shared with NCDOT as well and as this property would need a driveway permit, there is additional transportation review that would have to occur. As it would be a fenced in gated facility, NCDOT commented that the gate has to be back at least 50 feet from the property line. There is 30 feet from the actual road to the other area, which comes to about 80 feet. During the driveway review process, NCDOT stated it could increase up to 100 feet, but without submitting for the permit, it hasn’t been determined the exact location of the requirement. In response to Board questions about if there is a dispute or accident on the site and what would happen, Mr. Schuler stated he is not aware of the applicant’s plan. Regarding groundwater issues and how to convey the water from the site to the filtration pits and what would happen if they are full, Mr. Schuler stated the engineer for the project is not in attendance and he cannot go over the specific design standards on how stormwater will be handled. He would imagine there would have to be some type of swale or something to that effect to get the water over to it, but cannot say for certain. The ordinance requires that any outfall has to go into the natural drainage system. As to the impact of headlights, etc coming out of the location onto Myrtle Grove Road on the homes located near the site, Mr. Schuler stated the applicant added hours of operation to only be able to access the site from 6:00 a.m. to 9:00 p.m. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MARCH 9, 2020 PAGE 491 In response to questions about there being a complete clear cut of the land with the exception of the 30- inch oak tree, Mr. Schuler stated the ordinance requires a 20-foot buffer and although staff tries to recommend to save as much vegetation as possible, this is not a requirement of this application. It is Mr. Schuler’s understanding that it would all be gravel and NCDOT would require driveway aprons which have to be concrete or asphalt. Commissioner Zapple stated for one of the area’s main thoroughfares, he thinks something else could be done a lot better than this for the community as there is less and less opportunity. This is a unique property that spans two large roads. Chair Olson-Boseman thanked Mr. Schuler for the presentation. She stated that no one signed up to speak in favor and one person signed up to speak in opposition to the request and asked the speaker to step forward to provide remarks. Richard Cook, a resident of Myrtle Grove Road, stated he has owned his property for 31 years and it has been in his family for over 50 years. This project is next door to him and he has concerns, the biggest concern being that he does not want it there. There is no commercial development in the area. No one can tell him what is going to happen with his property value, whether it will go up or down. His property is about 2.5 acres and does not think it’s appropriate. He used to have a motorhome and would have to make a big circle to get into his driveway from the left hand side of the road. It will be tough on Myrtle Grove Road because the traffic is sometimes up and down during the day. Chair Olson-Boseman closed the public hearing. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Chair Olson-Boseman MOVED, SECONDED by Vice-Chair Kusek, to deny the rezoning request to a (CZD) O&I district. While it is found to be consistent with the purposes and intent of the Comprehensive Plan because it is an appropriate service to be located in close proximity to the potential commercial node at the intersection of Carolina Beach and Myrtle Grove Roads and existing residential neighborhoods, it is found that denial of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and will adversely impact the adjacent neighborhoods. Upon vote, the MOTION TO DENY THE REZONING PASSED 4-0. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY THE LAW OFFICES OF MATTHEW A. NICHOLS ON BEHALF OF CAROLAND DEVELOPMENT, LLC AS RECEIVER, TO REZONE APPROXIMATELY 2.75 ACRES OF LAND LOCATED AT 216 PORTERS NECK ROAD FROM R-15, RESIDENTIAL DISTRICT, TO O&I, OFFICE AND INSTITUTIONAL DISTRICT (Z20-01) Chair Olson-Boseman opened the public hearing and requested staff to make the presentation. Senior Planner Brad Schuler presented the request by the Law Offices of Matthew A. Nichols on behalf of Caroland Development, LLC as receiver, to rezone approximately 2.75 acres of land located at 216 Porters Neck Road from R-15, Residential District, to O&I, Office and Institutional District. Mr. Schuler noted that the ownership of the property has changed within the last couple of weeks. Oak Ridge Properties at Porter’s Neck, LLC, which is the company that has been pursuing the rezoning from the beginning has become the official owner of the property. When the application was first submitted, Caroland Development, LLC was the receiver of the property and was allowed to pursue the application through a court order. The ownership change does not affect the review process for this application. The subject site is located within the northeastern portion of the Porters Neck commercial node. The site directly abuts the Oak Landing shopping center, which contains a Harris Teeter grocery store. According to the applicant, they intend to incorporate the subject site into the adjacent shopping center. A vast majority of the center is zoned B-1, however, there is a 55-foot strip of O&I zoning which is directly west of the site. This strip was created as a part of a rezoning application that was approved in 2004, and it was the intent of that strip to help provide a transition to the adjacent residential zoning. This application would expand that O&I zoning to cover the subject site. The site consists of 2.75 acres and is undeveloped. There was previously a mobile home on the site which has been removed. Again, the applicant is proposing to rezone the property to the Office and Institutional district. The district also allows for residential development at the same maximum density as R-15 at 2.5 dwelling units per acre. However, it is the primary intent of the district to allow for O&I related uses (i.e. medical and professional offices, religious institutions, and schools). Traditional retail establishments and restaurants are prohibited in the O&I district, and it is generally considered to be an appropriate transitional zoning district between commercial and residential development. If approved, the development of the site must comply with the standards of the O&I district and other applicable regulations, including buffering and stormwater standards. For this site, bufferyards and increased setbacks would be required along the abutting residential property to the south and east of the site. The required setbacks and buffers would vary based on the building height. As currently zoned, the subject site would be permitted a maximum of seven dwelling units under the performance residential standards for the R-15 zoning district. A development of this scale would generate about five trips during the peak hours. The trips generated from the proposed O&I zoning would vary based on the commercial use of the site. For reference, a general office development, based on a one-story building with a typical NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MARCH 9, 2020 PAGE 492 25% building area, would generate about 35-55 trips during the peak hours. As the applicant intends to incorporate the site into the Oak Landing Shopping Center, it is anticipated the site will share access with the center and also utilize the existing driveway connection to Porters Neck Road. The Traffic Impact Analysis (TIA) for the Oaks at Murray Farm found that the intersection of Porters Neck Road at Market Street has an acceptable level of service. There are two major NCDOT projects currently in the works in the area. The Market Median Street Project and Military Cutoff Extension Project are expected to be completed by 2023. Military Cutoff Extension Project will connect to the Hampstead bypass, which is expected to be completed by 2026, and will help divert some of the traffic off of Market Street. The 2016 Comprehensive Land Use Plan classifies the site as Urban Mixed Use and is located within the Porters Neck Growth Node. These classifications promote development of a mix of residential, office, and retail uses at higher densities and intensities. The proposed O&I rezoning is generally consistent with the Comprehensive Land Use Plan because it allows the types of recommended uses in the Comprehensive Land Use Plan. The Planning Board considered the application at its February 6, 2020 meeting and recommended approval (6-0) of the application, finding it to be consistent with the purposes and intent of the Comprehensive Land Use Plan because it allows the types of office, civic, and residential uses recommended in the Comprehensive Land Use Plan and is identified as a typical zoning category in the Urban Mixed Use place type. The Board also found that recommending approval of the rezoning request is reasonable and in the public interest because the proposal is immediately adjacent to existing commercial uses and will provide an appropriate transition to the adjacent residential neighborhoods. In response to Board questions about the possible shared access, Mr. Schuler stated since it is being incorporated into the site NCDOT would most likely recommend that the applicant share the same access. If this was developed as a standalone site then generally, NCDOT cannot deny access to a state road. Chair Olson-Boseman thanked Mr. Schuler for the presentation and invited the petitioner to make remarks. Matt Nichols with the Law Office of Matthew A. Nichols, representing Caroland Development, LLC stated as Mr. Schuler mentioned earlier, there has been a change in ownership with the property. When the application was originally filed, it was under Caroland Development, the property in receivership. The new owners and new applicants are Oak Ridge Properties at Porters Neck, LLC. Property owners David Sneeden and Glen Lea developed the Oak Landing shopping center, which opened in January 2005. Mr. Nichols stated the applicant wants to incorporate the subject property being presented tonight into the shopping center to allow more room and adjust the entrance in a beneficial way. He believes Mr. Sneeden and Mr. Lea have been trying to do this for about 15 years. It turned out to be a good thing that it went into receivership and they were able to buy the property. The first entrance turns right on Market Street if you were to go down Porters Neck Road. Harris Teeter recently added a fuel center to the back of the center, which has been a very good addition. There is good internal connectivity within the center. Further down Porters Neck Road is the second access. The desire is to move the second access even further down the road and he thinks that would provide greater distance from the intersection at Porters Neck, which is thought would be beneficial for the left hand turns. It would be a shared access. If this is not incorporated into the center, potentially a third party could develop it and would be allowed to have access at the current site and another driveway could be cut to Porters Neck Road. By doing this, the applicant hopes to have greater space along Porters Neck Road with just the second access moved down. If approved, the rezoning will allow for the property to be brought into the center. He reiterated the site is within the Porters Neck growth node and the Urban Mixed Use place type. Mr. Nichols stated his clients have met with Porters Pointe HOA President Al Kennedy and brought copies of Mr. Kennedy’s email in support of the request. He read the email written to Commissioner Zapple which was dated March 9, 2020 and requested the email be entered into the record in support of the request. He presented the proposed plan and displayed the images for the Commissioners. He concluded the presentation stating staff and the Planning Board recommends approval and there are a number of benefits based on the Comprehensive Land Use Plan. Property Owner David Sneeden stated over the past 15 to 20 years, there have been discussions to attempt to purchase the property with the idea of shifting the driveway further east and away from the intersection. Last year when Harris Teeter added the fuel center at the back of the site, he and Mr. Lea met with NCDOT to work on the plan and spent about $200,000 in improvements on Porters Neck Road, at that time. About ten years ago, they spent about four times that much when the Lowe’s Home Improvement store across the street was developed and they redid the intersection at Highway 17 at Porters Neck Road which improved the site at that time from a Class C intersection to a Class A. Since that time, there has been a lot of development and most recently with the school opening down Edgewater Club Road has caused traffic to back-up at two different times each day. The applicant spoke with the NCDOT District Engineer about the plans to shift the driveway further east about 150-feet and NCDOT is supportive of the idea. It would be an improvement to the level of service in that particular section of the road and to the ingress and egress through the shopping center. A majority of residents in the Porters Neck area shop on that corner and turn right rather than left, but there is still traffic backup to where left turns can be impaired at times. What is intended to be done should eliminate that in the near term. He is not sure about long term, but it will result in an improvement to the ingress and egress and the intersection. As seen from the slides, the property has always been occupied by a mobile home that has become dilapidated over the past few years and abandoned cars NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MARCH 9, 2020 PAGE 493 were parked on the lot. When they purchased the property, it was cleaned up, they met with the neighbors early on, and discussed what the plan was and the neighbors were supportive of it. Mr. Kennedy could not attend, but does support the plan. Mr. Sneeden stated he and Mr. Lea are lifelong residents of Wilmington and are not trying to flip the property and want to build something that the Porters Neck community will be proud of. They are long-term investors here for the long run. They have listened and addressed the neighbors’ concerns and it is his understanding that they think this is the best thing that can happen to the property. There is one building being proposed to be placed towards the rear of the property. The front 100 feet of the property will not be touched with anything except shifting the driveway down on it. There will be no retail on the site. There will be changes made in the center to help with traffic flow. Chair Olson-Boseman stated that no one signed up to speak in opposition or in favor to the request and closed the public hearing. She then opened the floor to Board discussion. In response to Board questions about the straight rezoning to O&I, Mr. Schuler confirmed it means any permitted uses in O&I would be allowed on the property, including a boat storage unit which is permitted under the Zoning Ordinance. As to putting a limit on the uses of O&I, Mr. Schuler stated as this is a straight rezoning application no conditions can be added. Conditions can only be added to a conditional rezoning application. Mr. Nichols added that the property owners have been trying to get this property for so long and they finally have it. They did the center as a general rezoning, which usually is a concern, but he hopes what has been done there shows the track record of what the applicants have accomplished on the site. The applicant has tenants and uses there that would object to uses that the neighbors would object to. He understands the concern, but the applicants would not do anything to diminish their investment and their existing tenants. It is a very well used center and very convenient. With the addition of the fuel center, the applicants also would not want their very good tenants to be upset with a use that is not compatible to what is there. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Kusek, to approve, affirming the Planning Board’s statements that the application is 1) Consistent with the purposes and intent of the Comprehensive Plan because it allows the types of office, civic, and residential uses recommended in the Comprehensive Plan and is identified as a typical zoning category in the Urban Mixed Use place type; and 2) Reasonable and in the public interest because the proposal is immediately adjacent to existing commercial uses and will provide an appropriate transition to the adjacent residential neighborhoods. Upon vote, the MOTION PASSED 4 - 0. A copy of the March 9, 2020 email is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 5.7. AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 1971, is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 5, Page 81. PUBLIC HEARING AND APPROVAL OF REZONING REQUEST BY NEW HANOVER COUNTY TO REZONE APPROXIMATELY 15.86 ACRES OF LAND LOCATED AT 3101 CASTLE HAYNE ROAD FROM R-20, RESIDENTIAL DISTRICT, AND B-1, BUSINESS DISTRICT, TO R-10, RESIDENTIAL DISTRICT (Z20-02) Chair Olson-Boseman opened the public hearing and requested staff to make the presentation. Planning and Land Use Director Wayne Clark presented the request by New Hanover County to rezone approximately 15.86 acres of land located at 3101 Castle Hayne Road from R-20, Residential District, and B-1, Business District, to R-10, Residential District. The majority of this property is proposed to be conveyed to Habitat for Humanity for a workforce housing subdivision. The remainder of the site (approximately 1.5 acres) will be retained for development of a future fire station. The site fronts on Castle Hayne Road and there is diversity of zoning in the general area of the site and Castle Hayne Road itself has a range of zoning districts. The property is currently split zoned, with approximately 13.76 acres zoned R-20 and 2.1 acres zoned B-1. When the zoning was originally put in place in the Castle Hayne and Wrightsboro area in the 1970s, there were no utilities in the area. A lot of the R-20, large lot half acre zoning was in place because of the need for septic and wells. That is no longer the case running along the east side of Castle Hayne Road as Cape Fear Public Utility Authority is about to complete a water line which should be in service this year. Sewer is now within a quarter mile over to the right in the Ivy Woods subdivision and would require an extension along Old Mill Road to access it. With the infrastructure in place, there is an opportunity for different types of zoning in this area than there was in 1974. The site has some environmental constraints. There is a piece of the Ness Creek tributary running through it which is classified as a floodway. The site has not been engineered to see exactly what is possible. However, when trying to cross a floodway, it is unlikely someone would go to the effort to get a permit for paving a road crossing to the back for development. Though not impossible, it is likely that the western side on the other side of the creek would be used more as an amenity, ground clearing, or walking trail. It is unlikely that section of the property ends up with anything developed on it over time. As it is split zoned, when the commercial component is removed from the front, which would likely get built to some standard retail or professional services, the actual net result of rezoning compared to the existing zoning is a fairly substantial reduction of traffic expected from the site. The number of homes allowed is based on the theoretical maximum of what could be built. There are some NCDOT road improvements planned in the area to widen Castle Hayne Road in the area. There are no formal plans for the subject parcel right now, but there are NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MARCH 9, 2020 PAGE 494 preliminary plans and design and what is being shown in the plans are signals both north and south of the site at Rock Hill and Oakley Roads with a center turn lane in the middle. The gaps made by the signals would make it easier to get in and out of the site and a later version of the plans are now showing sidewalks from Division Drive to I-140. That will be a substantial benefit when those improvements are done in the area. The 2016 Comprehensive Land Use Plan classifies the site as Community Mixed Use and General Residential. Mr. Clark analyzed what the densities are suggested for these land use types. The proposed R-10 of 3.3 dwelling units per acre is in the middle of the lower intensity side and below what is recommended for the properties along the roadway. The proposed R-10 rezoning is generally consistent with the Comprehensive Land Use Plan’s intent of providing an orderly transition of residential densities from higher intensity to lower intensity areas and provides for the provision of workforce housing on the site. Mr. Clark explained the reason this request is being brought forward is to convey the property. The 1974 zoning was put in place when there were no utilities. For the commercial component on the front, in order to actually build a workforce housing subdivision requires a Special Use Permit (SUP). Putting this in residential zoning allows it by-right the conveyance of properties that are zoned residential. The bottom-line theoretically is that it adds the ability to put about 20 houses on the site. There were other zoning districts that could have been used that would have been consistent with the Comprehensive Land Use Plan, but staff was trying to determine what might be feasible on the site particularly since staff was aware there may be a conveyance to Habitat for Humanity. Staff thinks somewhere in the mid to low 30s is possible and this zoning allows you to get there. The constraints to the site are going to prevent maximum density, but at least it would allow more flexibility than the R-20. The Planning Board considered this application at the February 6, 2020 meeting and recommended approval of the application (6-0), finding it to be consistent with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition between existing lower density residential areas and the Castle Hayne Road corridor and provides for the provision of workforce housing. The Board also found approval of the rezoning is reasonable and in the public interest because it will provide for the provision of workforce housing on the site and allows densities more appropriate along a major highway corridor and is still compatible with the existing development patterns. The plan was also brought forward to the Workforce Housing Advisory Committee in December and also recommended approval. Chair Olson-Boseman thanked Mr. Clark for the presentation. She stated that no one was present to speak in favor or in opposition to the request and closed the public hearing. Commissioner Zapple stated this is a terrific idea and brings forward several goals that the Board and County have had for a long time, finding appropriate ways to increase density. In this case, it will hopefully build a workforce community that has access to I-140, a major employer with General Electric, and is positioned well in the County. With water and sewer there, he thinks positive things are happening in this part of the County. He thanked staff for bringing forward the request. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield, to approve, affirming the Planning Board’s statements that the application is 1) Consistent with the Comprehensive Plan’s intent of providing an orderly transition of residential densities from higher intensity to lower intensity areas and provides for the provision of workforce housing on the site; and 2) Reasonable and in the public interest because it will provide for the provision of workforce housing on the site and allows densities more appropriate along a major highway corridor and still compatible with the existing development patterns. Commissioner Barfield stated he is pleased with the County’s relationship with Cape Fear Habitat for Humanity and being able to extend opportunities for those in the community to have an affordable home. Things are happening to give access for more affordable housing, but his concern continues to be housing affordability and how to attract and retain the millennials. As housing costs continue to increase, how do we attract that segment of the population to stay here if they can’t afford a home to live in. He hopes to see other ways to partner with others to make these things happen. Hearing no further discussion, Chair Olson-Boseman asked for a vote on the motion on the floor. Upon vote, the MOTION PASSED 4 - 0. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1974, is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section 10A, Page 44. AUTHORIZATION FOR NEW HANOVER COUNTY STAFF TO SUBDIVIDE AND RETAIN APPROXIMATELY 1.5 ACRES FROM THE PROPERTY LOCATED AT 3101 CASTLE HAYNE ROAD FOR A POSSIBLE FUTURE FIRE STATION AND TO CONVEY, WITHOUT COMPENSATION, THE REMAINDER OF THE SITE, APPROXIMATELY 14.36 ACRES, TO HABITAT FOR HUMANITY FOR A WORKFORCE HOUSING SUBDIVISION Planning and Land Use Director Wayne Clark presented the request by New Hanover County to subdivide and retain approximately 1.5 acres from the property located at 3101 Castle Hayne Road for a possible future fire station; the remainder of the site, approximately 14.36 acres, would be conveyed to Habitat for Humanity for a NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, MARCH 9, 2020 PAGE 495 workforce housing subdivision. The potential for a workforce housing development on this site was discussed at the Spring 2019 County/City joint work session on housing and also at a subsequent agenda briefing. New Hanover County Administrative Policy 18-003 provides a basis to guide options for this site. The policy is consistent with NC General Statutes and focuses on providing land to qualified non-profits who have been in existence at least two years with a core mission to provide workforce housing. Properties conveyed under this policy must be developed with owner-occupied, taxable housing. The request for authorization to convey the property is generally consistent with the terms of this policy with the exception of the final plat which must be recorded and initial houses under construction within three (3) years from the date of transfer of the property or the property reverts back to New Hanover County ownership. That allows additional time for this project due to the larger scale. The existing policy was written to primarily address transfer of single lots or very small subdivisions and the two-year requirement to complete the homes and have them occupied is not considered practical for a non-profit to complete a development of this size. Staff from multiple County departments reviewed the site and analyzed data from existing fire stations and determined that approximately 1.5 acres would be an appropriate reservation for a future station on this site when stormwater infrastructure can be shared with the residential subdivision as described in the conditions. Condition five: Habitat for Humanity is responsible for extending water and sewer utilities to the site and to make any required sewer connections to existing homes along the route subject to the property owner's permission; and condition six: Habitat for Humanity will ensure that the stormwater infrastructure Habitat constructs for the residential subdivision is sized, designed, and permitted to incorporate all required stormwater controls for the future fire station, with all necessary easements, permissions, and off-site stormwater agreements granted are specific to the site and Cape Fear Habitat for Humanity is in agreement with the conditions. Staff presented this proposal to the Workforce Housing Advisory Committee at its December 16, 2019 meeting and received support for this approach. Hearing no discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Vice-Chair Kusek MOVED, SECONDED by Chair Olson-Boseman, to authorize staff to subdivide approximately 1.5 acres of the property at 3101 Castle Hayne Road for the County to retain for a possible fire station and to convey, without compensation, the remainder of the site, approximately 14.36 acres, to Habitat for Humanity for a Workforce Housing subdivision subject to the following conditions: 1.Housing must be targeted and sold to families with incomes up to 120% area median income (AMI), which is consistent with accepted workforce housing standards. 2.Housing must be available to all New Hanover County residents who meet eligibility requirements. 3.Final Plat must be recorded and initial houses under construction within three (3) years from date of transfer of the property or the property reverts back to New Hanover County ownership. An extension for good cause can be granted by the County Manager. 4.Homes and parcels must be owner-occupied and taxable. 5.Habitat for Humanity is responsible for extending water and sewer utilities to the site and to make any required sewer connections to existing homes along the route subject to the property owner's permission. 6.Habitat for Humanity will ensure that the stormwater infrastructure Habitat constructs for the residential subdivision is sized, designed, and permitted to incorporate all required stormwater controls for the future fire station, with all necessary easements, permissions, and off-site stormwater agreements granted. Upon vote, the MOTION PASSED 4-0. PUBLIC COMMENT ON NON-AGENDA ITEMS Chair Olson-Boseman reported that no one signed up to speak on non-agenda items. ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Zapple stated he had the opportunity to attend the 2020 NACo Legislative Conference along with County Manager Coudriet and Intergovernmental Affairs Coordinator Tim Buckland in Washington, D.C. At the conference, discussions were held regarding community, economic and workforce development, energy and land use policies, health policies, and justice and public safety policies. He was able to hold meetings with Congressman David Rouzer and Senator Thom Tillis to discuss important issues in New Hanover County including contamination of the Cape Fear River and securing sources of drinking water, ongoing efforts to guarantee beach renourishment, and funding for recovery and hazard mitigation due to Hurricanes Florence and Dorian. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 5:48 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