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HomeMy WebLinkAbout2020-06-01 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 537 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, June 1, 2020, at 4:00 p.m. in the Wilmington Convention Center, 10 Convention Center Drive, Wilmington, North Carolina. Members present: Chair Julia Olson-Boseman; Vice-Chair Patricia Kusek; Commissioner Jonathan Barfield, Jr.; Commissioner Woody White; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. Chair Olson-Boseman stated she wanted to start the meeting by acknowledging the anger, outrage, and pain that so many people are feeling. The egregious and horrific murder of George Floyd has been the catalyst for recent protests, but what happened to Mr. Floyd is not a singular act. It is another example of the systemic racism that has existed long before last week. We must work together to achieve racial justice and positive change. We must challenge ourselves to have peaceful, honest, and open discussions about racism. We must be accepting and kind. Last night’s protest in Wilmington began peacefully but, sadly, turned confrontational. She thanked Sheriff Ed McMahon, Police Chief Donny Williams, and their dedicated teams for protecting our community last night. She also thanked District Attorney Ben David and City of Wilmington Mayor Bill Saffo for their leadership. She applauds Mayor Saffo’s decisive action to implement a curfew last night to limit any potential damage to our city and harm to our residents. On Saturday, a different protest occurred and she applauds those who came out, during the day, to peacefully standup to racial injustice. She encourages those who want to protest to follow the lead of our local Black Lives Matter and NAACP groups who are working to fight injustice and racism, in a way that breaks down walls peacefully and creates positive change. She also encourages everyone to come together in solidarity and to build equity for every single person. Violence or hatred will not move this forward. Let’s stand together. Let’s hold ourselves accountable. Let’s all do better, know better, and love better. Commissioner Barfield stated that as he looked at the video footage this past weekend and heard from others around the country of their outrage over the death of this young man who lost his life way too soon at the hands of law enforcement, what we see is a pattern that is continuing to bear its head over and over again in our country to the point where people are as outraged as he is. Somehow we've got to find a way to make sure that when it comes to policing, that justice is always at the forefront of any officer’s mind. He has seen some memes saying that we always talk about the good cops, but where area the good cops when the bad cops act up. With Mr. Floyd, there were four officers there, which means that there was not one good cop in the bunch to stop what happened. He is getting ready for his daughter's wedding in November and he will be walking her down the aisle. Mr. Floyd has a daughter who will never have her father walk her down the aisle. Somehow we have got to get past the implicit biases and the racism that we have. Racism is nothing new in this country. It's just being filmed now. It's being videotaped. Now it's being exposed through social media. We all as African-Americans have our own stories to tell. Several years ago, one of his daughters was pulled over for no other reason than driving while black at Kure Beach. When he was told by the then mayor of Kure Beach that he should apologize to the officer for even bringing up the conversation about a kid that did nothing wrong other than an officer saying her car did not belong in that cul-de-sac, he thought how can you determine what car belongs in a tourist beach community? Are you that clairvoyant? He thinks not. In the last few weeks, he has had his own instances with New Hanover County government and going over to the Senior Resource Center (SRC) to get a mask, dressed in shorts and a ball cap. The nurse asked him if he worked for the County. He did not understand how a 12-year employee of the County did not recognize his face. She went to take his temperature but did not want to get too close so she held the thermometer about four inches away from his head and told him his temperature was 93 degrees. He thought any competent nurse would know that if a person has a 93-degree temperature, they need to be in the hospital, not standing before her. Then the comment was “Well you're not dressed like…”, so his question is how is he supposed to dress to be recognized by folks that work for the organization that he helps lead? So he goes back the following week, a different nurse, he asked for a mask and the question was “Do you work for the County?” He then said to the nurse he was getting sick and tired of this, told to her look at the picture on the wall, then tell him if he works for the County because no, he does not work for the County, he works on behalf of the County. The same comment was made “Well you're not dressed.” How is he supposed to dress? Somehow we have got to figure out how do we internally within New Hanover County government and the Sheriff's Department address the implicit bias that we all have. When the first incident happened, he asked the County Manager if the Health Department is going to be involved in screening individuals for our drive-through testing, to make sure that they treat people who look like him in the same way they treat other people. Then he gets a call from Frankie Roberts with LINC, letting him know that he sent one of his employees by with some folks who just got out of being incarcerated to get their COVID-19 test done. They were asked a series of questions and were told “Well you do not qualify”. The next day Mr. Roberts sent another employee who looked a little bit different, but it was amazing everyone got tested that day. So he asks the question, how do we get past the implicit biases that we have? And as a person of color, he is not going to stand for it anymore. His heart goes out to Mr. Floyd, his family, and to all those that are grieving in our community, to the young man who was accosted by a former New Hanover County Sheriff's Deputy in Pender County for no other reason than this man was looking for someone and to think that you have the ability to walk in someone's home and demand entrance. Those are the things that happened to people that look like him back in the old days when law enforcement would come and pull you out of your house, take you where they wanted to take you, and do what they wanted to do. Not that long ago, his dad endured some of those things, so it cuts deep. Commissioner Barfield concluded his remarks stating to our County Manager and our Sheriff, we better get a grip on this thing. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 538 INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Patrick Hall, Cape Fear Free Will Baptist Church, provided the invocation and Commissioner Zapple 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 that Consent Item #7 Adoption of Budget Amendment for the Purchase of FEMA Trailers to Provide Workforce and Affordable Housing in New Hanover County be removed 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. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Kusek, to approve the remaining items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Regular Meeting of May 18, 2020. Approval of the Second Reading of a Solid Waste Renewal Franchise for Blackburn Hauling and Maintenance – County Attorney The Commissioners approved the second reading to award a solid waste franchise to be granted to Blackburn Hauling and Maintenance. 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 decision to approve the current solid waste franchise agreement was considered against the implications of House Bill 56 and its impact on the County’s ability to control the flow of solid waste. Staff believes that private solid waste collection companies will ultimately make post-2020 final disposal decisions based on two factors: price and convenience/location. The New Hanover County landfill is competitive in both areas and will continue to seek methods to control costs while offering cutting- edge services to the public. The renewal franchise period would run for seven years. The first reading was approved unanimously on May 4, 2020. A copy of the franchise agreement is available for review in the legal department. Approval of the Second Reading of a Solid Waste Renewal Franchise for TriCounty Trash – County Attorney The Commissioners approved the second reading to award a solid waste franchise to be granted to TriCounty Trash. 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 decision to approve the current solid waste franchise agreement was considered against the implications of House Bill 56 and its impact on the County’s ability to control the flow of solid waste. Staff believes that private solid waste collection companies will ultimately make post-2020 final disposal decisions based on two factors: price and convenience/location. The New Hanover County landfill is competitive in both areas and will continue to seek methods to control costs while offering cutting-edge services to the public. The renewal franchise period would run for seven years. The first reading was approved unanimously on May 4, 2020. A copy of the franchise agreement is available for review in the legal department. Adoption of First National Bank Authorization Resolution – Finance The Commissioners adopted a First National Bank authorization resolution. This resolution authorizes Lisa Wurtzbacher, Chief Financial Officer, and Martha Wayne, Deputy Chief Financial Officer, as the authorized representatives and allows them the authority to execute all appropriate documents for the account. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 11.1. Ratification of Application for 2020 Assistance to Firefighters (AFG-S) COVID-19 Supplemental Funding – Fire Services The Commissioners ratified the 2020 AFG-S COVID-19 Supplemental Grant application submission to request funding to purchase personal protective, testing, and disinfecting equipment. The request includes N95 masks, surgical masks, isolation gowns, safety glasses, and adapters with cartridges to allow use of existing respirator equipment for COVID-19 protection. Also included are an AeroClave and a portable shelter, which provides the ability to disinfect rooms, equipment, and apparatus at any location. This equipment will further provide a comprehensive package to ensure first responder protection, wellness, and safety. The total project cost for equipment is $76,870. The local cost share is $6,989 and the Federal Funding Assistance total is $69,882. If the grant is awarded, the local cost share will be included in the FY21 budget request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 539 Adoption of National Men’s Health Month Proclamation – Health and Human Services The Commissioners adopted a proclamation recognizing June 2020 as “National Men’s 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 11.2. Discussion and Adoption of Budget Amendment 20-076 for the Purchase of FEMA Trailers to Provide Workforce and Affordable Housing in New Hanover County – Strategy Commissioner Zapple asked if the occupancy duration timeframe of 12 months could be extended to 36 months. County Attorney Copley responded that Mr. Middleton, who is a party to the buy-sell agreement, is agreeable with 36 months and if the park sells, the agreement will go along with the sale. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Kusek, to approve Consent Item #7 with the minimum period being changed to 36 months and further language to be worked out by the County Attorney. Upon vote, the MOTION CARRIED UNANIMOUSLY. Additional information: The Commissioners adopted the following budget amendment which amends the annual budget ordinance for the fiscal year ending June 30, 2020:  Strategy 20-076 After Hurricane Florence, FEMA placed emergency mobile home units within New Hanover County as part of the Direct Housing Program. As of 05/19/20, there are 22 FEMA mobile home units remaining in the County. Typically, these units would be removed by FEMA from New Hanover County once the Direct Housing Program is completed. In order to continue to provide workforce and affordable housing in New Hanover County for disaster- related victims, staff has worked with FEMA and the existing mobile home park property owner to retain these units in New Hanover County. FEMA is requesting that New Hanover County purchase these 22 units for the agreed upon price of $391,000 and the mobile home park property owner has agreed to purchase these units from New Hanover County for $391,000. This sale would include 6-one bedroom units, 5-two bedroom units, and 11-three bedroom units. Consistent with General Statute, Statutory Authority for a Private Sale for Workforce Housing-160A-267 and 153A-378, New Hanover County will have the following conditions to the sale: For a minimum period of 36 months' duration, the units must be occupied, rented, or sold solely to persons qualified as eligible for low and moderate housing under HUD rules and regulations. A copy of the budget amendment 20-076 is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 11.3. REGULAR ITEMS OF BUSINESS PUBLIC HEARING ON SMALL BUSINESS ECONOMIC INCENTIVE GRANT PROGRAM AND ADOPTION OF BUDGET AMENDMENT 20-069 FOR FY19-20 Chair Olson-Boseman opened the public hearing stating it is to receive comments on appropriations and expenditures for economic development for the COVID-19 small business economic incentive grants. The source of funding for these appropriations and expenditures will be from the General Fund, using CARES Act monies. The purposes of economic development and economic incentive agreements are to increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects for New Hanover County. The economic development expenditures that follow have been recommended for appropriation in the FY19-20 budget and are under consideration for adoption. COVID-19 small business economic incentive grants to economically distressed businesses, $1,300,000. These grants serve the purpose of addressing pandemic public impacts and business interruption on hiring/rehiring residents, business retention within New Hanover County, and/or premises expenditures to enhance public hygiene and safety in the amount of $10,000 per grant award. The source of funding for these appropriations and expenditures will be from the federal Coronavirus Aid, Relief and Economic Security Act (CARES Act) as appropriated to the State of North Carolina and subsequently allocated to New Hanover County via N.C. Session Law 2020-4. Any written comment that were submitted by 3:00 p.m. today will be incorporated into the minutes by the Clerk to the Board. Chair Olson-Boseman stated that one person signed up to speak and invited the person to step forward to provide his comments. Dr. Mitch Meyer, with Masonboro Urgent Care, stated that the practice has been seeing patients since the beginning of the COVID epidemic and is open seven days a week. He is here with another doctor and lead nurse from the practice to represent to the committee that primary care clinics, urgent cares, and small physician clinics have been going through quite a difficult time with this virus. They have a combination of people not coming in because they are told to avoid places where they might come into contact with the virus, while at the same time being told they need to see a doctor for testing. His practice is seeing sick patients, patients with pneumonia, treating those with COVID, and diagnosing COVID. At the same time, volumes and incomes are down and being a small private business, represents what's happening in the community. If places such as his can have part of this grant, it would be most appreciated. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 540 Chair Olson-Boseman thanked Dr. Meyer for his comments and asked Chief Financial Officer Lisa Wurtzbacher to make her presentation on the matter:  CARES Act – New Hanover County Action Plan:  Funding Plan: Incurred expenses (municipal and NHC) $1,355,993 Continue County operations (payroll, testing, IT, $1,408,960 Cleaning program, and additional PPE and various COVID expenses) Small business grant program and admin costs $1,300,000 Total $4,064,953  Small Business Grant Program:  130 economic development grants of $10,000 for small businesses  Business must have between 1 and 25 employees  Eligible use of funds:  Payroll costs to hire or rehire employees  Enhanced public hygiene or safety  Funds must be spent by December 30, 2020  Partnering with industry to implement:  Application Process: Wilmington Business Development  Grant Disbursement: Live Oak Bank  Small Business Grant Program Process:  Applications submitted from June 2, 2020 through June 5, 2020  Award selection notification  Awarded business submits required documentation  Funds disbursed and final accounting of funds  Requested Actions:  Hold Public Hearing for economic incentive grants  Approve use of $1,300,000 for economic incentive grants  Approve budget amendment for $4,064,953 In response to Board questions, Ms. Wurtzbacher confirmed that the final selection is not in the hands of Live Oak Bank, the Wilmington Business Development, or the Board, rather it is a lottery/random selection. Wilmington Business Development will use a computerized system to randomly select the recipients. Hearing no further comments, Chair Olson-Boseman closed the public hearing and asked if there was a motion to approve the economic development appropriations and expenditures for COVID-19 small business economic incentive grants based on the finding that the appropriations and expenditures will increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects of the County. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple, to approve the economic development appropriations and expenditures for COVID-19 small business economic incentive grants of $1,300,000 based on the finding that the appropriations and expenditures will increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects of the County for economic development purposes and adopt budget amendment 20-069. Upon vote, the MOTION PASSED 4 TO 1. Commissioner White dissenting. A copy of budget amendment 20-069 and written public comments submitted by 3:00 p.m. on Monday, June 1, 2020 are hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 11.4. PUBLIC HEARING ON THE FISCAL YEAR 2020-2021 RECOMMENDED BUDGET Chair Olson-Boseman opened the public hearing stating that pursuant to NCGS 159-12(b), before adopting the budget ordinance, the Board shall hold a public hearing at which time any persons who wish to be heard on the budget may appear. This public hearing on the Fiscal Year 2020-2021 Recommended Budget meets these requirements. County Manager Coudriet presented the following information concerning the FY2020-2021 Recommended Budget:  Fiscal Year 2020-2021 Recommended Budget: Advancing the Board of Commissioners’ priorities through fiscal responsibility:  Budget Summary:  All funds: $399.6 million:  Over the past two weeks, staff has moved about $760,000 within the budget making adjustments in the departmental range to accommodate some of the changes directed by the board.  General Fund: $350.8 million  Environmental Management Fund: $24.3 million NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 541  Fire Services: $16.7 million  Ad valorem rates and tipping fees maintained  General Fund Revenue Highlights:  Ad valorem: $198.5 million (tax base: $36 billion, 3.3% increase)  Sales taxes: $79.9 million (4% growth)  $1.6 million in federal and state government reimbursements from Hurricanes Florence and Dorian  Appropriated fund balance: $5.3 million ($4.68 million in main operating fund):  ththst During the May 18 presentation, fund balance as of June 30/July 1 was estimated to be at 13.5%. As of today, it will likely be at least 14%, if not better, due to being partly informed by sales tax.  th Changes Made to Recommended Budget – May 18 Meeting:  Current operating contribution for New Hanover County Schools (NHCS) reduced by $330,000 (ADM Rate = $2,901)  Position added for Community Justice Services to support new Mental Health Court: $64,880  Net changes = -$265,120  th Changes Made to Recommended Budget – After May 18 Meeting:  Net changes = $760,414  Education:  Restore half of $408,008 reduction to Cape Fear Community College (CFCC): $204,004  Restore half of $330,000 reduction for NHCS: $165,000; ADM rate = $2,907  Add funding for Non-County Agencies/Human Services: One Love Tennis ($12,500), WRAAP ($27,914), A Safe Place ($31,360), DREAMS ($13,000), Blue Ribbon Commission ($20,000), Wilmington Children’s Museum ($7,886), TFB Externship Academy ($24,500), WARM ($27,000), Elderhaus ($24,000), First Tee ($8,000)  Add funding for Non-County Agencies/Economic Development: Cucalorus ($12,000), Wilmington Arts Council ($38,500), Wilmington Downtown, Inc. ($27,750)  Contribution for new Food Bank facility ($75,000)  Contribution to Coastal Horizons for Quick Response Team ($42,000)  Options for Funding the Budget Changes:  Reduce funding for holiday pay ($100,000), overtime pay ($24,324), workers compensation ($75,000) and Medical Examiner ($23,970) based on current year expenditures: $223,294  Reduce PC replacements: $130,000  Reduce Maintenance and Repair – Buildings and Grounds: $100,000  th Savings identified from May 18 meeting: $265,120  Increase Appropriated Fund Balance: $42,000  Total = $760,414  Next Steps:  Budget adoption required by July 1 Commissioner Barfield stated as it relates to sales tax projections and wanting to make sure the County is on the mark, looking at this year’s March receipts, they were $6,172,561 and last March it was $7,218,210. He is seeing a deficit from year over year for March and he is not sure that will be made up moving forward for the next short while, with so many people being unemployed, etc. He wants to make sure this is not missed and/or project growth that may not be there. In addition to that with the state having a $4 billion loss due to COVID-19, it is known that the County has many funded and unfunded mandates from the NC General Assembly. He wants to know if it is being taken into account the things that may happen to DSS, Health, Sheriff’s Department, and other county agencies. It may or may not happen with the state looking at cutting back. He does not want to be on the wrong end and trying to figure out how to make up a deficit when the state can come in and tell counties to do x, y, and z, and then we have to figure out how to do it. County Manager Coudriet responded that staff has consistently looked at what expectations are for revenue growth, feels very comfortable, understands the point, and will take direction from the Board. He feels good about the revenue estimations for next year. While the state does have a budget deficit, it also received COVID-19 money and it has to use those dollars before December 30, 2020. If the County moves through the majority of this calendar year with the federal supports that are in place and spending continuing to grow as stimulus money makes its way into the economy, and hopefully, jobs begin to pick up, a very positive growth will be seen going forward next year. Again, he feels good about the 4% as it relates to sales taxes, understands the Board’s caution and concern, but feels comfortable recommending it based on where the County is at this point. Commissioner Zapple stated he shares Commissioner Barfield’s concerns about the sales tax projections. However, he takes comfort in knowing that Ms. Wurtzbacher will continue on a regular basis reporting the sales tax revenues. County Manager Coudriet confirmed that information is presented to the Board on a quarterly basis, but staff understands the sensitivity and urgency around sales tax. Staff is now in a position of reporting as soon as the County gets its monthly disbursement, which is what Ms. Wurtzbacher was able to do last week. On or around July st 1, it will be seen very quickly what the impacts are from April, but staff feels good about where the County is based on the March performance being well above expectations as it was assumed the County would under collect at 25% and ended up being 13%. It is conceivable the County will under collect by approximately $5 million this year versus the $9 million the budget is currently predicated on. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 542 In response to Board questions, County Manager Coudriet stated that the funding for the Food Bank at $75,000 was for five years. Chair Olson-Boseman stated that the Board would now receive public comments. Cape Fear Community College Jim Morton, President of Cape Fear Community College (CFCC), expressed appreciation to Vice-Chair Kusek for serving as Vice-Chair of CFCC Board of Trustees and Commissioner Barfield for serving as a Board of Trustee member. Before COVID-19, CFCC was having a great year. Over the last two years, CFCC has implemented many new initiatives, strengthened partnerships, worked with business and industry to create opportunities for students. All these efforts were paying off with enrollment growth being 1.9% last summer, 5% this past fall and over 10% for spring this year. For the first time in ten years, CFCC has had an increase in enrollment over the previous year in every session and also a projected budget increase for next year of 6%. Since COVID-19, CFCC has continued to serve students online and in-person where possible. He is pleased to report even with most of courses online, enrollment is up 9.6% for this summer as students are taking more fulltime loads which is pushing the Full Time Equivalent (FTE) up 15% over last summer. CFCC is planning to have students back on campus this fall with in-person classes and online programs too. In regard to the budget, last year CFCC asked for an increase to its budget in order to raise its minimum wage to a livable wage of $15 per hour and it was denied. The same request was asked for this year and the increase would have been about $340,000. Through budget reductions and efficiencies, CFCC reduced the request down to $270,000. He understands CFCC’s budget request was reduced by 3.7% from this year’s current budget, which takes it back to the budget it had in 2014. Over the last several years, CFCC really has not asked for increases. He understands from the County Manager’s comments before this segment, the Board has agreed to put some money back in the CFCC budget, which is appreciated and efforts are being made to get to the $15 minimum wage for employees. President Morton stated in conclusion that CFCC has accomplished a lot this year with many programs being ranked number one in the state and other recognitions and awards. CFCC is nimble and flexible and will respond to the increasing unemployment occurring due to COVID-19. It is one of the County’s key assets in the community to help people return to gainful employment, either through enhancing their current skills or with a new career. He thanked the CFCC faculty and staff for all their hard work this year and for their professionalism and dedication in transitioning to online classes this spring. He expressed appreciation for the support given to CFCC by the County throughout the year. Other Agencies/Individuals Comments Kim Ceasar, Founder and Executive Director of Soaring as Eagles Outreach, Inc., stated the organization’s mission is to empower families of Title I, which are low performing schools through personal, emotional, educational, and professional development. It serves families of Title I schools where they see compounding layers, barriers, and issues of trauma that must be addressed. This population, though economic-socio status are at-risk families with extremely high “a” scores. The organization’s goal is to increase educational levels, financial stability, self-esteem, and hope in parents and their children. They have educational programs that are unique in their capacity to reach the underserved. One is the “lunch and learn” or “dine and discover”, depending on the time of day, which is a weekly empowerment program in the public housing developments for parent empowerment. The 2019 parenting classes were in Creekwood and the organization partnered with Coastal Horizons to facilitate their incredible year. This year, they have started in Houston-Moore where they are collaborating with Smart Start of Cape Fear using the triple P program. Another class that the organization provides is financial literacy which is a HUD designed curriculum, whereby the AME housing is the facilitator. The organization has also partnered with LINC with supportive employment readiness. There is also a Saturday Academy that is an original tutoring program held at Rachael Freeman School of Engineering, which is the lowest performing school in the County, focusing on strategies to help third, fourth, and fifth grade students with their EOG tests. After serving breakfast, the students are paired with the tutor, normally at a one to one ratio, to help with their reading and math skills. Soaring as Eagles takes a personal genuine interest in those who need support in becoming a better version of themselves. She thanked the Board for the opportunity to speak. Hearing no further comments, Chair Olson-Boseman closed the public hearing, stated that any written comments will be incorporated into the minutes by the Clerk to the Board and asked if there was a motion to adopt the Fiscal Year 2020-2021 budget ordinance. Motion: Vice-Chair Kusek MOVED, SECONDED by Chair Olson-Boseman to adopt the Fiscal Year 2020-2021 Budget Ordinance. Commissioner White stated he would like to briefly address what Mr. Morton mentioned in his comments. Mr. Morton stated that CFCC enrollment has been down for 10 years in a row. Commissioner White thinks that is correct, it may have been down eight or nine years in a row. What he wants this community to remember is that within those last 10 years, it bought and paid for and added 435,000 square feet of building space to the CFCC downtown and on the north campus at a cost of $164 million, amortized over 20 years. And when you hear the CFCC President come forward when three of his predecessors came here and said enrollment was growing, and the growth was necessitating borrowing $164 million from Wall Street in the debt market and then you hear it was down for 10 years in a row and essentially talking about how that affects his employees and his curriculum in classroom delivery, the community needs to think about that going forward as it is asked to consider bonds. To think about and scrutinize the numbers that they are told by people that often appear to be manipulated, fabricated or misunderstood. He NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 543 apologized to President Morton that the County could not fully restore the funding, commended him for the job he is doing with finite resources, and hopes he will continue to do so. Hearing no further discussion, Chair Olson-Boseman asked for a vote on the motion on the floor. Upon vote, the MOTION PASSED UNANIMOUSLY. A copy of the budget ordinance, capital improvement plan, and written public comments submitted by 3:00 p.m. on Monday, June 1, 2020 are hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 11.5. PUBLIC HEARING ON THE ECONOMIC DEVELOPMENT AND ECONOMIC INCENTIVE APPROPRIATIONS FOR FISCAL YEAR 2020-2021 Chair Olson-Boseman opened the public hearing to receive comments on appropriations and expenditures for economic development. The source of funding for these appropriations and expenditures will be from the General Fund. The purposes of economic development and economic incentive agreements are to increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects for New Hanover County. The economic development expenditures that follow have been recommended for appropriation in the FY20-21 budget and are under consideration for adoption. The public is invited to comment on the following appropriations and expenditures as shown on the screen: Economic Development Agencies/Organizations These appropriations will be funded from General Fund revenues of the county. Organization Amount Description of Activities/Expense The Arts Council of Wilmington/New $6,500 Support arts-driven economic development activities Hanover County to increase attendance and encourage increased spending in the local economy Cape Fear Council of Governments $25,000 An alliance of service providers, local government Continuum of Care for Homelessness agencies, and other public interests whose common goal is the reduction and ultimate elimination of homelessness Cucalorus Film Foundation $13,000 Support seasonal staff for the Cucalorus Festival (Film, Stage, Connect) events which encourage visitor/tourist attendance and encourage increased spending in the local economy Friends of Fort Fisher $4,550 Support educational programs to increase visitor/tourist attendance and encourage increased spending in the local economy Highway 17 Transportation Association in $3,250 Work regularly with the NC General Assembly, the NC, Inc. Board of Transportation and NCDOT leadership to make prioritization and funding for rural, eastern projects more equitable. Southeastern Economic Development $18,240 Assist with project development necessary for the Commission solicitation of grant funding from the Economic Development Administration (EDA) The Southeastern Partnership, Inc. $20,000 Provide regional and targeted industry specific marketing and conduct familiarization events Wilmington Business Development $205,949 Provide recruitment/assistance for business expansion and/or relocation efforts Wilmington Downtown, Inc. $42,250 Provide activities to increase the number of businesses, jobs and tax base in Wilmington’s Urban Core Wilmington Regional Film Commission $131,457 Promote/assist TV and film production activities to drive local entertainment business growth, support local production infrastructure and businesses Previously Approved Contractual Incentive Payments The following incentive payments were previously Board approved as outlined in incentive agreement contracts to be paid upon the company meeting specified investment/job requirements: National Gypsum, up to $70,000. This appropriation will be funded from General Fund revenues of the County. Ms. Wurtzbacher stated there was no presentation for this item. This is the typical economic incentive public hearing that has to be held as part of the budget process. What is being shown on the screen are all the items that are included in the Fiscal Year 2020-2021 budget that relate to economic incentives. Chair Olson-Boseman announced that no one signed up to speak on the matter and if received, all written public comments received by 3:00 p.m. today will be incorporated into the minutes by the Clerk to the Board. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 544 In response to Board questions, County Manager Coudriet confirmed that the new recommendations for this matter that were just adopted as part of the Fiscal Year 2020-2021 budget ordinance are included with the printed material that is in the agenda packets. If this recommendation is approved, those are included in the budget. Hearing no further discussion, Chair Olson-Boseman closed the public hearing and asked if there was a motion to approve the economic development appropriations and expenditures based on the finding that the appropriations and expenditures will increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects of the County. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple, to approve the economic development appropriations and expenditures based on the finding that the appropriations and expenditures will increase the population, taxable property, agricultural industries, employment, industrial output, or business prospects of the County. Upon vote, the MOTION PASSED UNANIMOUSLY. Note: No written public comments were received for this matter. BREAK: Chair Olson-Boseman called for a break from 4:45 p.m. until 5:02 p.m. Chair Olson-Boseman stated that the original notice of hearing for the planning items provided for the possibility of remote or in-person hearings. All Commissioners are present tonight and therefore these are not remote hearings. Therefore, pursuant to North Carolina General Statute (NCGS) 166A the Board may vote on each item at the conclusion of the hearing and will not accept public comment for 24 hours after each hearing. PUBLIC HEARING AND DENIAL OF A REQUEST BY TRIBUTE COMPANIES ON BEHALF OF THE PROPERTY OWNER, COSWALD, LLC, FOR A SPECIAL USE PERMIT TO DEVELOP RESIDENTIAL USES WITHIN A 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 this matter was continued at the October 21, 2019 meeting in order to gather more information regarding Lendire Road improvements and stormwater issues. A presentation will be given by staff on the requested items and representatives from the County Engineering Department and the North Carolina Department of Transportation (NCDOT) are also present to answer any questions. As this is a quasi-judicial hearing, the Clerk to the Board must swear in any person wishing to testify. The following persons were sworn in: Wayne Clark Ben Hughes Brad Schuler Matthew Nichols Ken Vafier Mark Maynard, Jr. Jim Iannucci Tim Lowe Abby Lorenzo Tim Clinkscales Dan Cumbo Dan Fisk Alex Stewart Chair Olson-Boseman then asked Senior Planner Brad Schuler to start the presentation. Senior Planner Brad Schuler presented the request by Tribute Companies on behalf of the property owner, Coswald, LLC, for a Special Use Permit (SUP) to develop residential uses within a commercial district on approximately 15.6 acres of land located in the 200 block of Lendire Road, near the 7200 block of Market Street. This item was tabled at the Board’s October 21st meeting to allow for more information to be provided regarding the planned improvements to Lendire Road and to the area’s stormwater infrastructure. It also has been postponed due to a continuation request and due to the COVID-19 situation. Mr. Schuler stated he would provide a brief overview of those planned improvements. In addition, County Engineer Jim Iannucci and Dan Cumbo and Alex Stewart with NCDOT are in attendance to answer any questions the Board may have regarding the improvements. NCDOT plans to make improvements to Lendire Road with the ongoing Military Cutoff extension project. The improvements will consist of adding four-feet of asphalt to each side of the road. Again, the improvements will be completed in conjunction with the Military Cutoff extension project, which is currently under construction and expected to be completed by early 2023. This timing is close with the buildout date of the project which the petitioner estimates will take 24 to 30 months, which is a similar time to Arboretum West on Station Road. The planned improvements to Lendire Road will be from Ogden Business Lane to the Military Cutoff extension, which is about 3/4 of a mile. Once the improvements are completed to Lendire Road, it will resemble Torchwood Boulevard in that it will have the four-foot shoulders which Torchwood Boulevard currently has, and it will be striped in a similar fashion to Torchwood Boulevard. As for stormwater concerns, since the last meeting the petitioner has worked with the County Engineering Department and verified that the stormwater outfall for the site flows to the south under Lendire Road and eventually heads to Howe Creek, away from the Smith Creek and Torchwood Boulevard area. Also since the last meeting, the petitioner has proposed an additional condition that will require them to construct culvert improvements under Lendire Road. It is the intent of these improvements to direct all of the stormwater leaving the site away from an existing culvert that is currently used by the neighborhood pond to the west. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 545 In regard to Torchwood Boulevard, although the project’s downstream stormwater outfall has been determined to flow south to Howe Creek and away from Torchwood Boulevard many residents expressed concerns regarding flooding that occurs on Torchwood Boulevard near the Glen Ridge subdivision. County Engineering is seeking to make stormwater improvements in this area to help alleviate the flooding issues. NCDOT recently completed a hydraulic study, in conjunction with the Military Cutoff extension project, that examined the stormwater drainage along the future roadway and identified improvements that will help increase the stormwater capacity flowing toward Smith Creek. County Engineering is working with NCDOT and seeking funding sources that will allow for recommended culverts to be installed during construction of the Military Cutoff project. The department is also working with NCDOT to install an additional 66-inch pipe under the future roadway. Funding is also being sought to clean out a ditch located south of the Cape Fear Public Utility Authority (CFPUA) facility, which runs between that proposed 66-inch pipe and the Glen Ridge subdivision. The department has identified the Smith Creek watershed, which includes the Glen Ridge subdivision, as one of the first two watersheds that will have debris and sedimentation removed in conjunction with the Emergency Watershed Protection (EWP) grant awarded to the County in late 2019. It is estimated that the work will be begin in the summer and take up to 90 days to complete. The grant authorizes a 280-day completion period. Mr. Schuler concluded the staff presentation stating the following are the updated proposed conditions, which includes the new condition that would require the petitioner to install additional culvert improvements under Lendire Road: 1.The project’s stormwater facilities must be designed to accommodate a 100-year storm event. 2.A 6-foot-tall solid wood fence shall be installed within the bufferyard located along the northwestern property line which abuts the Jacobs Ridge neighborhood. 3.As proposed and agreed to by the petitioner, a 10-foot multi-use path shall be installed along the site’s frontage on Lendire Road and be extended south along the road so that it would connect to the future multi-use path to be installed by NCDOT near Ogden Business Lane as part of the Military Cutoff extension project (U-4751). Installation of the multi-use path shall be coordinated with the County and NCDOT and be constructed in accordance with NCDOT’s standards. The petitioner is not required to obtain additional right-of-way in order for the multi-use path to be extended to the future multi-use path to be installed by NCDOT near Ogden Business Lane. 4.(New) As proposed and agreed to by the petitioner, while not required in order to meet the 100-year storm event design condition, additional culvert improvements shall be installed under Lendire Road to further enhance the existing drainage infrastructure, subject to NCDOT approval. Installation of the culvert improvements shall be coordinated with the County and NCDOT and shall be constructed in accordance with NCDOT’s standards. Mr. Schuler also reviewed the slide of the required conclusions the Board must find in order to issue the special use permit: 1.The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. 2.The use meets all required conditions and specifications of the Zoning Ordinance. 3.The use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. 4.The location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. In response to Board questions regarding the NCDOT budget cuts and if the widening of Lendire Road will slip past 2023 or not be funded all together, NCDOT Resident Engineer Alex Stewart stated that he is involved in the Military Cutoff extension project and the Lendire Road widening will be incorporated by the completion of the project. By the end of the project, the widening will take place. In response to Board questions regarding the grant funds received to clean out Smith Creek and when it will happen, County Engineer Jim Iannucci stated the project has been out for bid and the opportunity to place a bid closes on June 18, 2020. After the award of the contract, the selected contractor will have approximately 90 days to complete the work in the Smith Creek watershed. The first time the project bid was sent out, three qualified bids th were not received and the project had to be rebid. As such, the bids can be open on June 18 without having three bids and then the contract can be awarded based on that bid opening. County Manager Coudriet stated the County learned it was going to receive the grant and then there was the process of actually executing the agreements with the federal government. He thinks that was accomplished in February or March, but the County was made aware that the grant funds were forthcoming in the early fall of 2019. As he recalls, it was approximately 120 days or so of work to get the grant agreement and/or contracts in place. It has been some number of months since learning the EWP grant would be received for this work. Commissioner Barfield stated he hopes this process can be expedited, as hurricane season has started, to get the area cleaned out sooner than later in order to not have any issues if a hurricane were to occur in this community. He thanked Mr. Iannucci for his efforts on the matter. As to whether a delay with the Military Cutoff extension project will be seen and as a result, a delay in the widening of Lendire Road, Mr. Stewart stated the current tentative completion date for the project is early 2023. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 546 The Lendire Road widening will be incorporated with the Military Cutoff project. If that date happens to be postponed due to unforeseen circumstances, then the widening could be delayed. However, it will be incorporated within the completion of the Military Cutoff project. In response to Board questions about construction traffic being diverted away from the Lendire Road project during construction and if there is signage that is being asked for if, or when, the project happens, Mr. Schuler stated there is none currently proposed. It could be added as a condition if the Board wishes to approve and staff will confirm it with the petitioner that they will be willing to install the signage. Commissioner Zapple commended County staff and NCDOT staff for coming together on the stormwater project. He feels the Engineering staff put together quite an impressive list of projects that will improve this situation in the Torchwood Boulevard and Lendire Road area. There is no doubt in going through this, and the point was made multiple times, that all of the water coming off of this proposed project will move south towards Howe Creek and will not increase the flow to Smith Creek, which is very important. Plus, the improvements and identifying the different bottlenecks that have been holding up the flow of stormwater all around the Torchwood Boulevard area and all feeding into Smith Creek, including the EWP money that's coming in, it is terrific what has been identified in the last few months of putting it together. The only concern he has is that all these projects have a timeframe of being three years out and some of these hopefully will be done by the end of the year. Many of them will not be done until next year. In response to Board questions about the Traffic Impact Analysis (TIA), Mr. Schuler stated the property is zoned B-2, which is the Highway Business Zoning District that allows for a variety of retail, restaurant, and office uses; it allows 88 uses by-right. Most commercial uses will generate more trips than residential uses. By seeking this SUP, the proposed development will actually be a net decrease of what could potentially be built there under its current zoning district. A TIA was completed for the project and it was approved by NCDOT and the Wilmington Metropolitan Planning Organization (WMPO). It looked at the level of service (LOS) of the notable intersections, with the most notable being Lendire Road and Market Street. It found that it will not reduce the LOS of that intersection to what it is anticipated to be in 2021. The one roadway improvement required would be a right turn lane into the subject site on Lendire Road. As to the number of trips over a 24-hour period, he stated it would be approximately 1,800. There are currently no trips being generated as it is a vacant piece of property. The 1,800 trips will not reduce the overall LOS of that intersection from what it is anticipated to be in 2021. It will add some seconds of delay, but it is not going to drop the LOS down a grade. As to the Urban Mixed Use place type description and how there is vertical and horizontal mixed use to include office and retail uses and if there will be office and retail spaces on the second and third floors of the mixed use buildings or if in the mixed use businesses will it be office and retail spaces on the first floor with residential above, Mr. Schuler stated in this exact proposal the two buildings actually shown in the presentation are the mixed use buildings. Those will have the office and retail uses on the first floor with residential uses units located above on the second and third floors. It is approximately 7,500 square feet of commercial area. Regarding the petitioner’s proposal including that they will be providing pretreatment measures to enhance the water quality in the treatment system and what are the measures, Dan Fisk with Paramounte Engineering stated what is being proposed is a pretreatment swale that will go to the ponds so there will be some overland runoff collected. He confirmed the pretreatment measures are swale and a four-day treatment in the wet ponds to help reduce the sediment runoff and outflow. Hearing no further discussion, Chairman Olson-Boseman asked for the Board’s direction on the request. Commissioner Zapple stated he believes this is a good project. Many of the issues that caused him to pause back in October when it was first presented have been addressed. But it is the timeframe of when the improvements will be able to be made, multi-years out, that weighs heavily on his mind. He knows the petitioner is ready to move forward with this, which he thinks ultimately will be well-designed and a good project that will improve the stormwater flow in the area. An additional effect that has happened, this conversation has put a very strong spotlight on that entire area in that part of the County, which will result in major improvements for the Torchwood Boulevard area and the Glen Ridge subdivision. Again, he is troubled by the amount of time it is going to take. He knows everyone is working as hard as they can to get there and what the impact will be if we have a large rain event anytime in the next two years. He further stated he would be interested if any of his fellow Commissioners have any other comments on that or can raise his comfort level on the project. Commissioner Barfield stated what he heard from staff is that water will not flow the way it did before. It will flow to Howe Creek versus Smith Creek, which should help. He knows that is going to take a while to get this project off the ground and get something up to where you will have the numbers of people being there, and it will not take a full three years. He also is not sure it will take three years for NCDOT to do the project either. He thinks they gave up to 2023 and he is not sure where it will fall in terms of being completed. For him if they can demonstrate, which he thinks they have done, that there will not be any adverse effect on water from that property, he does not know how that hurts anything. Typically, with folks being able to go in and by-right do x, y, and z, that is not their business plan for this property, but again someone can go in and do whatever they want to for the way it is zoned now without any public comment. Commissioner Zapple stated he knows there was also another aspect that came up before and something Commissioner Barfield said prompted him. It had to do with what he will call the small swamp that sits in front of NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 547 this parcel directly on Market Street, next to the Ogden Fire Station. He knows that County Engineering has identified, along with NCDOT, several improvements to make sure that area will drain better as well. That is the area that during Hurricane Florence flooded over Market Street and ended up flooding the Wendover Lane area and homes around there. Again, another improvement that will happen indirectly as this discussion began over the last few months. Vice-Chair Kusek stated the timeframe for the improvements is what is bothering her. While she hears what is being said is that we have some assurance from NCDOT that this will not slip, but that is her biggest heartache here. We still have not fixed anything up there and we are in hurricane season again today. Motion: Chair Olson-Boseman MOVED, SECONDED by Vice-Chair Kusek, to deny the request as the Board cannot find that this proposal will not materially endanger the public health or safety for the following reasons: there are no drainage improvements and traffic improvements have not been done. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order denying a Special Use Permit and listing the findings of fact is contained in SUP Book IV, Page 80. PUBLIC HEARING AND APPROVAL OF ZONING REQUEST BY LOGAN DEVELOPERS, INC. ON BEHALF OF THE PROPERTY OWNERS, MURRAY, SPRADLEY, FOY, ET AL, TO REZONE APPROXIMATELY 52.39 ACRES OF LAND LOCATED NEAR THE 8300 BLOCK OF “OLD” MARKET STREET AND THE 8300 BLOCK OF SHIRAZ WAY, FROM R-15 AND R-20, RESIDENTIAL DISTRICTS, TO (CZD) RMF-L, CONDITIONAL RESIDENTIAL MULTI-FAMILY LOW DENSITY DISTRICT, IN ORDER TO CONSTRUCT A RESIDENTIAL DEVELOPMENT CONSISTING OF MULTI-FAMILY, DUPLEX, AND SINGLE-FAMILY HOUSING (Z19-14) Chair Olson-Boseman opened public hearing and requested staff to make the presentation. Senior Planner Brad Schuler presented the request by Logan Developers, Inc. on behalf of the property owners, Murray, Spradley, Foy, et al, to rezone approximately 52.39 acres of land in the Porters Neck community located near the 8300 block of “Old” Market Street and the 8300 block of Shiraz Way, from R-15 and R-20, Residential Districts, to (CZD) RMF-L, Conditional Residential Multi-Family Low Density District, in order to construct a residential development consisting of multi-family, duplex, and single-family housing. The subject site is located near the northeastern side of the Porters Neck commercial node, which contains several grocery stores and shopping centers. About 40 acres of the site is zoned R-15 and the remaining 12 acres, located on the eastern side of the property, is zoned R-20. The site is accessed on its western side by “Old” Market Street, and on the eastern side, the site will access Shiraz Way, which connects to the roundabout at Porters Neck Road and Edgewater Club Road. The site consists of 10 parcels of land, again, totaling just over 52 acres. The site currently contains a hand full of single-family homes and some agriculture uses. About half of the site is wooded. The proposal includes a total of 300 dwelling units, consisting of 204 apartments, 34 duplex units, and 62 single-family dwellings. The proposed conceptual site plan has been modified several times since it was originally proposed at a community meeting in September 2019. Each modification reduced the total number of units, mainly by reducing the total number of apartments. The original proposal presented at the first community meeting included 406 units with 312 being apartments. Again, what is being considered today is a total of 300 units with 204 of those units being apartments. The project equates to an overall density of approximately 5.7 dwelling units per acre (du/ac). The plan proposes to put the multi-family units on the western side of the site closer to Highway 17, and then it transitions to the duplex units and then to the single family housing as one goes farther east. In addition, the height and unit count of the apartment buildings located closer to the single-family residences along the northern property line has been reduced. Specifically, those six buildings were reduced from three stories to two stories and from 24 units to 16 units. About 24 acres of the site, just under half of the site, is within open space and about 12 acres of that will be reserved for a recreational area for the residents. Roadway connections will be made to the three road stubs located in the Vineyard Plantation subdivision to the north. However, the petitioner is proposing to gate those entrances to limit access to emergency vehicles only, in response to some of the concerns from the surrounding neighborhood. The petitioner has provided supplemental stormwater information and is proposing to design the stormwater facilities of the project to handle up to a 100-year storm which is about 10 inches of rain over a 24-hour period. This exceeds the County's requirement of designing the facilities to handle up to a 25-year storm, which is about eight inches of rain over the same time period. According to the petitioner, the stormwater will be controlled by a combination of wet detention ponds and an infiltration basin. The basin is proposed on the eastern side of the site near Shiraz Way. The petitioner has completed a TIA, which has been approved by NCDOT and the WMPO. The TIA analyzed the original proposal of 406 units, which exceeds the current proposal of 300 units. If this site was developed under its current zoning as a 124-unit single family subdivision, it is estimated that a project of that scale would generate up to about 125 trips during the peak hours. This proposed development of 300 units is estimated to increase this number by 65 to 70 trips in the peak hours. The TIA estimates that about half of the trips generated from the site will utilize “Old” Market Street to Highway 17 and the other half will use Shiraz Way. Of the trips that will utilize “Old” Market Street, the majority of the trips exiting the site in the morning will use the U-turn lane on Highway 17 to head back towards town. Most people utilizing the Shiraz Way entrance will take Porters Neck Road, head south on Market Street in the morning, and return in that same direction in the afternoon. The TIA also examined the overall LOS of certain intersections in the area. The roundabout on Porters Neck Road will continue to operate at an NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 548 A LOS. The intersection of Market Street and Highway 17 will continue to operate at an acceptable LOS. The TIA examination of Futch Creek Road at Highway 17 just north of the site determined it going from an LOS of B to C in the a.m. and then from an LOS of C to D in the p.m. This does not include the proposed roadway improvement, but the petitioner is proposing to put another right turn lane at this location and thus, increase the LOS. The U-turn at Highway 17 will also operate at an appropriate LOS. The proposed roadway improvements include the installation of a second right turn lane at Futch Creek Road on Highway 17. There are two other TIAs that have been conducted in the area. The Scotts Hill Medical Park development is required to install an additional northbound to southbound U-turn lane on Highway 17 at the Scotts Hill Loop intersection. There are also two ongoing NCDOT projects, the Market Street median project and the Military Cutoff extension project, both of which are expected to be completed by 2023. The Military Cutoff extension project will then extend northward into the Hampstead bypass. Due to the COVID-19 situation, the completion date for that project is undetermined at this time. According to NCDOT once it is completed, the traffic forecast estimates that the full project will divert approximately 30% to 50% of the future traffic away from Market Street. As for schools, staff established a very general student generation rate by simply dividing the student enrollment by the estimated number of dwelling units in the County (30 students for 124 homes – 72 for 300 units). When applying those numbers to this proposal, it is estimated that it will generate about 42 more students than if the site was developed under the existing zoning. It needs to be noted that this does not take into account different housing types. Generally, it is more common for attached and multi-family housing to generate less students than single-family housing. It is also Mr. Schuler’s understanding the petitioner may have additional information on student generation rates related to the differences of different housing types. The site is classified as a transitional area between General Residential and Community Mixed Use place types in the 2016 Comprehensive Land Use Plan (Comprehensive Plan). Because of the general nature of place type borders, which are not intended to be treated like zoning districts, sites located in proximity to the boundaries between place types could be appropriately developed with either place type. The Community Mixed Use classification promotes a mixture of higher density residential and commercial development and the General Residential classifications promotes lower density housing and associated commercial services. Overall, the proposed density is in line with both the Community Mixed Use and General Residential place types. The Comprehensive Plan also encourages providing a diversity of housing options and encourages infill development. Also, a portion of the site is located within the Porters Neck growth node which contains big box real retailers like Walmart and Lowe's Home Improvement. There are grocery stores such as Harris Teeter and Food Lion and many restaurants and medical offices in the area. Overall, this application is generally consistent with the Comprehensive Plan as it locates residents close to everyday services, contributes to providing a mix of housing options in the area, provides an orderly transition of uses, and the overall project density is in line with the General Residential and Community Mixed Use place types. The Planning Board considered this application at its January 9, 2020 meeting and recommended approval of the application (5-0), finding it to be consistent with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition of uses from higher intensity to lower intensity areas, provides for a range of housing types, and is in-line with the recommended densities of the Community Mixed Use and General Residential place types. The Planning Board also found its approval of the rezoning request is reasonable and in the public interest because, although it will increase traffic in the area, the proposal would benefit the community by providing diverse housing options. The petitioner has also agreed to the following conditions: 1.The project’s stormwater facilities must be designed to accommodate a 100-year storm event. 2.As proposed and agreed to by the petitioner, an additional westbound right turn lane shall be installed on Futch Creek Road/Market Street at its intersection with US 17. Installation of the turn lane requires approval from NCDOT and shall be constructed in accordance with NCDOT’s standards. 3.The roadway connections to the three road stubs abutting the site to the north in the Vineyard Plantation subdivision shall be gated and limit access to emergency vehicles only. Chair Olson-Boseman thanked Mr. Schuler for the presentation and invited the petitioner to make remarks. Andrew Smith, Acquisitions Director for Logan Developers, Inc. representing the property owners, Murray, Spradley, Foy, et al, stated that the project site is situated in the northeast corridor of New Hanover County just south of the Pender County line near the entrance to I-140, providing easy access to three counties in a matter of minutes. More specifically, the site is situated between Porters Neck Road and Futch Creek Road with access from “Old” Market Street to the west and Shiraz Way to the east. At 52.39 acres the project equates to roughly 2% of the entire Porters Neck peninsula. A key component of the Comprehensive Plan are the three County designated growth nodes, which are strategically located in areas poised for growth with one being Porters Neck. This particular node was identified as one of the areas where growth should be clustered, and high density developments and mixed uses are encouraged. The Comprehensive Plan states these areas have the most opportunity to become service and housing hubs. In order for that to happen, these areas will need to develop and redevelop in new ways. The commercial aspect of this particular area is thriving and growing right now. The proposed zoning for the site is residential multi-family low density and was one of the zoning tools approved in July 2019 to provide for the development patterns outlined in the Comprehensive Plan. This site plan provides a transition in intensity between future Community Mixed Use development along “Old” Market Street and the existing single family residential districts on either side of the subject site. Providing options for alternative housing types in direct relationship and single family detached development is one of the stated intents for this district. The General Residential place type calls for up to six units per acre and the Community Mixed Use place type calls for up to 15 units per acre. At 5.7 NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 549 units per acre, the density being requested is on the low end of the Comprehensive Plan’s recommendation. An unprecedented amount of feedback has been collected on this design via three community meetings, a smaller meeting was held with leadership from the neighboring homeowners’ associations, and the development team walked the adjacent neighborhood with residents. From where the plan started to where the plan is now a much different project thanks to the community feedback received and the compromises that have been made. To address concerns about the number of units, 106 units (26%) were dropped along with the elimination of a handful of buildings. As to the concerns that there was too much impervious coverage, the petitioner’s land planners determined ways to reduce it by 24% and added in more recreational space including three different parks each the size of a football field or more. As there were concerns about the apartments being too close to existing homes, the amenity pool was relocated and the buildings were moved away from the northern boundary so that now the apartments will generally sit 140-feet off of the Vineyard Plantation line. All of this was done while being able to maintain the goal of saving the heritage and specimen trees to make the apartments feel more in scale with the surrounding community. To address stormwater and water quality concerns, the petitioner has gone beyond the County’s 25-year storm requirements by upgrading capacity to meet the 100-year event and the entire site is being built to the SA water quality standard. Stormwater is a very sensitive issue and is why the petitioner requested a continuance at the Board’s February meeting. Just days prior to that meeting, the petitioner was informed that the North Carolina Coastal Federation (Coastal Federation) had issued a letter to the Commissioners and the petitioner had not had the opportunity to speak to the Coastal Federation staff about it. After discussing the project with Coastal Federation, a revised letter was issued based on the facts of the project by upgrading capacity to meet the 100-year event designed to SA water quality standards and increase in green space. That aspect of the project was greatly improved. The Coastal Federation issued the revised letter to the Board in April stating, “It would be our conclusion that the differences in zoning make no difference in terms of the volume and rate of stormwater that eventually reaches Pages Creek.” Also, a study was commissioned to make sure the proposal would not hurt the property values of the surrounding community. Jack C. Morgan, III, MAI, SRA, AI-GRS with JC Morgan & Co. performed the study and reported that he “...found no evidence that the proposed project would have any negative impact on the property values of the adjacent or surrounding properties.” Traffic was also an underlying issue heard about and while the reduction in density will help alleviate it, it was felt that was not enough and the petitioner wanted to make sure it could do all it could on this topic. The petitioner’s traffic engineer is present and can discuss the details, but what was found and vetted was an NCDOT approved solution to help traffic queuing. As such, the plan is to add an additional turn lane at the intersection of Futch Creek Road and Highway 17, in addition to adding emergency gates at the intersections of Vineyard Plantation. Mr. Smith stated the overhauled plan has been refined to a much a higher quality plan from where it started. The proposal received a unanimous vote of approval by the Planning Board due to these compromises. Logan Developers builds high quality multi-family and single-family neighborhoods around the region. Mr. Smith then reviewed various images showing the plans for the site. Efforts were made to let the site breathe and again, a signature feature of this design are three large parks and connections to a network of trails and sidewalks. The single- family homes are in the style that Logan Developers has been building since 1986 and will fit well with the existing homes in the area. Mr. Smith then reviewed the differences between a by-right project versus this conditional plan. As this is a conditional rezoning, the neighbors and the County had an opportunity to give feedback that was integral to the fundament of the plan. The plan offers a number of benefits, as previously described, to community that a by-right project may not offer. In the last five years, more than 11,000 building permits have been issued, but school enrollment is understood to have remained relatively flat. Nearly 35% additional property tax revenue will be generated for the County on an annual basis and at a time when people really need jobs. This project will provide those and substantial investment to the area. We're growing really fast, and it's easy to see why we live in a thriving and prosperous area. People want to live in an area that has seen companies like Live Oak Bank and Castle Branch grow and excel. As such, there is a need to find a place for these people to live and that is getting tougher. That this plan puts more units on the ground with the same amount of impervious coverage is a really good opportunity for the County at a time that stormwater is a major concern. The petitioner is accomplishing that with multi-family housing. One comment heard time and again was apartments are going up everywhere so why are more needed. The population is growing as fast as the apartments are going up, and more housing opportunities are good for all. Having more places to live is the key factor here. Last May the StarNews issued an article about vacant and buildable land slipping to just 10%. To compound this issue further, this County is bordered by Brunswick and Pender counties which have populations growing even faster than here on a percentage basis. The troubling part is that if there is only 10% of buildable land left in New Hanover County, that is about 14,400 acres. It is imperative to build differently over the next 40 years than in the last 40 years. Part of that is building up, not out, and having mixed housing sites. This plan is providing the region with a mixed income compact project with a product mix that can appeal to a wide range of buyers, not just those who can afford $500,000 and up homes. Logan Developers feels, as many others, with the bypass, this is the new launching point for town. Mr. Smith feels from a County perspective it makes a lot of sense to utilize I-140. If the plan was just a single-family homes project, the homes would likely start in the $500,000 range and he does not think that serves New Hanover County well. Logan Homes is the same team that executed the project on Wrightsville Beach called Atlantic View, which is 24 units bordering Johnnie Mercer's Pier and is one of the most sensitive locations in southeastern North Carolina. Logan Development will get the aesthetic of this project right and it is what Logan is known for, high quality at a reasonable price with a coastal touch. Mr. Smith concluded his presentation stating that substantial efforts have been made to deliver a project that is not only better than where it started, but it's better than what a by-right project would deliver. The changes made to the plan are expensive. Logan Development’s commitment to absorb those costs in order to provide a NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 550 higher quality project for the community is its commitment to being good neighbors. Again, the County Planning staff recommends approval and the Planning Board unanimously approved the project. There are real benefits for the community at large, the project fits the Comprehensive Plan which is supposed to guide our growth moving forward. With I-140 in the same area, the ability to be downtown within 15 minutes, and people can also get quickly to Brunswick County, Pender County or Wrightsville Beach. Mr. Smith cannot think of any other place you can do that from and this area is a growth node for a reason. Again, the petitioner understands the neighbors’ concerns and it is felt those have been addressed in this presentation. Overall, the project is generally consistent with the goals and objectives of the Comprehensive Plan because it contributes to providing a mix of housing options in the area provides for the orderly transition of uses. The overall project density is in line with those recommended in the General Residential and Community Mixed Use place types. With less than 10% of the County being vacant land, now is the time to adopt projects like this, that work with the long range plan to help accommodate this County's thriving, growing population. At the request of Mr. Smith, Tim Milam spoke on the project stating that he is firmly convinced that Logan Homes and Logan Developers will build a fantastic product. The trees will be preserved as this company has always done on every project and all the great projects speak for themselves, are high quality, and are in high demand here in this area. There is a need for a variety of housing types and there cannot only be single family homes in all of our communities. This is a great example of how a mix of residential units can work together. When he lived in the Georgetown subdivision off South College Road there was an apartment complex built behind his home. He and his wife enjoyed their own home for several more years and during that time they were not bothered by the apartment complex. There was a nice buffer in between, but certainly not the buffer that is being shown on this plan. He feels confident this is a great plan. Again there is a need for a variety of these housing types. As this community continues to grow, more density has to be accommodated as our development area is reduced every year and as it is seen there is a need for more people to be able to afford to live in New Hanover County. Chair Olson-Boseman stated that three people signed up to speak in opposition and invited the speakers to provide their comments: Conor Regan, with Reagan Law Firm, stated he was speaking on behalf of the Vineyard Plantation Homeowners Association to provide their objections to the request as follows:  The Vineyard Plantation Homeowners Association’s Objections to Z19-014:  An inappropriate use of Conditional Zoning  Inconsistent with the Comprehensive Plan  Illegal spot zoning  Not in the best interest of the community:  Increased traffic and traffic safety concerns  Stormwater safety issues  Placing profits over our children’s education The predominant feature of this parcel is that it is very long and very narrow. It's about a mile from end to end and only about 500-600 feet wide at its widest point. On the eastern edge of the property, it can be seen it is uniformly developed on both sides with R-15 or R-20 single family communities. The middle third of the developable area is uniform on both sides with existing R-15 homes. The western end of the property there is the Tibbys Branch community to the south and there are homes that wrap around Porters Neck Road up into in the western half. Again on the north side, there is uniform single family development.  As has been made clear by the courts: “\[A\] county's Zoning Ordinance has the force of law; therefore, its provisions cannot be waived. A county planning board or official has no authority to modify the provisions of the Zoning Ordinance by interpretation.” Murdock v. Chatham Cty., 198 N.C. App. 309, 311, 679 S.E.2d 850, 852 (2009).  Section 55.3: CZD Conditional Zoning District the petitioner is relying on:  55.3-1: Purpose (emphasis added): The Conditional Zoning District procedure is established to address situations where a particular land use would be consistent with the New Hanover County Land Use Plan and the objectives of this ordinance and where only a specific use or uses is proposed for the project. This procedure is intended primarily for use with transitions between zoning districts of very dissimilar character (e.g. R-15 and B-2) where a particular use or uses, with restrictive conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and the community-at-large. The County zoning ordinances carry the force of law. They cannot be waived or modified through interpretation, they must be enforced exactly as they are written. The conditional zoning district ordinance that the petitioner is relying on, is only appropriate when it's consistent with the County's Comprehensive Plan and the objectives of the ordinance. In New Hanover County, conditional zoning is meant to be used to create a transition between two very dissimilar zoning districts. For example, where you have a B-2 and an R-15 next to each other, that is where conditional zoning is appropriate to create a buffer between those two very dissimilar districts. He then reviewed slides showing the difference between how the area would look before and after approval. The western portion closest to Market Street will be five times denser than the properties already developed on either side. This result not only does not further the intent of the conditional zoning ordinance, it is actually in complete opposition to that intent, and therefore renders any conditional zoning in this matter arbitrary as the facts do not NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 551 line up with the law. Even if this Board chose to ignore the legal requirement in conformity with that expressly stated intent, it would still have to be consistent with the County's Comprehensive Plan. Approximately 85% of the project is in the General Residential place type. The future land use plan that the petitioner is relying on is where a tiny portion of the site may lie in the Community Mixed Use place type. According to the County's Comprehensive Plan, it can be seen that this is not a legally binding designation:  The intent of the Future Land Use Map is not to be legally binding… . \[T\]he individual place type locations should not be interpreted as being parcel specific like a zoning classification would be….  By focusing on the development character and function, place types set the framework for policy making and, ultimately, zoning determinations. Instead, that plan directs one to look at the development’s character and function to look at what is the character of this development and how does it function within the surrounding communities. The General Residential place type that is most of this parcel is designed as low density single-family and duplex housing and specifically references the fact that Porters Neck is an area that should be developed as General Residential. By contrast, where it discusses the Community Mixed Use place type, it makes clear that Community Mixed Use development should only be used where there is appropriate infrastructure to connect it to the Community Mixed Use Center, where there is connectivity between the development and the commercial node. The reason being is you want to put all these higher intensity uses together so they don't burden infrastructure and surrounding less intense uses. That is exactly the problem here. The problem is not what is being built, rather the problem is the density at which it is being built. Specifically, on the western edge of the property, there is existing single-family homes on either side that cut off connectivity to the commercial node and there is no direct access to Market Street or the Porters Neck node. That area is the convergence and divergence of three roads, which prevent direct access: Highway 17, Highway 17 Business, and NC-140. The western edge of this property is physically detached, it is disconnected by a wall from the arterial roadway of Market Street and there is no part of the petitioner’s plan that addresses this. In looking at the character of where this development is and how it is going to function with the surrounding area, the problem is where this density is located on the project. While the petitioner wants to tell the Board it's on the front, it's really in the back of the residential community. Mr. Smith reviewed how a person will travel to get to local services from the highest density use of this project via Highway 17 Business. The path of least resistance from the highest intensity portion of this project to the commercial node that does not utilize Market Street, is by traveling through the adjoining residential neighborhoods, does not involve any traffic lights, merges, U-turns, or any off ramps and involves only one stop sign accessing the node through the residential neighborhoods, past 145 residential driveways and the entrance to seven separate subdivisions. The reason for this is because the high density portion of the project is built in the back and not the front of the development. This result was recognized and County Planning staff’s status report makes it clear that “…the unique location of the site does not have direct access to an arterial street…” As such, it will result in traffic going through the adjoining established single family neighborhoods. This result is also empirically confirmed by a Kittelson & Associates traffic study done for Vineyard Plantation in 2018, not as part of this project. The data collected confirms that traffic from closer to Market Street by the western end of this property utilizes the adjoining single-family neighborhoods to access the commercial mode. The character of this development, the highest intensity portion, being disconnected from local services from the arterial roadway will have the effect of that density burdening the existing single-family homes by driving that traffic away from Market Street through those less dense land uses. This is the complete opposite of what the Comprehensive Plan says is the goal. It is proven by the Kittelson & Associates traffic study, it is supported by staff’s decision, and it is supported by commonsense. Again, whether this is looked at as being not in conformity with the Comprehensive Plan, or in complete opposition to the expressly stated intent of the ordinance, which is legally binding, it fails on both fronts and should be denied. However, it is also important to note that conditional zoning, by its express requirements, is supposed to benefit all affected parties in the community at large. Recall that it's supposed to be for that R-15 that butts up against the B-2, it's supposed to help smooth that out so there is not a residence right up against a business. The petitioner has stated that this is going to bring diversity of housing. Why that diversity of housing in this specific location, why that density and its disconnected location benefits the surrounding communities who will bear the burden of that increased traffic was not made clear, and why a denser development in a better suited location could not be built was not made clear. This is also a development that is planned for a very complicated traffic situation. It sits at the only place in New Hanover County, where Market Street condenses down to just one lane, right at the confluence of major roadways, between two intersections that access the Porters Neck peninsula, Futch Creek Road and Market Street. The petitioner has stated this is in their TIA that the intersection is already expected to exceed capacity at current zoning. Mr. Kimes with the NCDOT Division 3 has stated that the Porters Neck intersection is expected to reach the 50,000 vehicles threshold making it a major interchange for which existing infrastructure is not meant to satisfy. The petitioner has said that is okay because the Hampstead bypass is coming very soon. However, it was recognized at the last hearing that project is on indefinite hold and there is no timeline for relief from what the petitioner acknowledges is traffic already exceeding the capacity of the roadway. These are also two very dangerous intersections because of that complex traffic pattern. They both ranked in the highest statistical categories for accidents as determined by NCDOT from 2014 to 2018. Chair Olson-Boseman reminded Mr. Reagan that there were two other speakers behind him. Mr. Reagan stated he discussed it with the gentlemen and they asked him to continue with the presentation. Mr. Reagan continued the presentation stating that in 2019 there was a fatal accident on the corner of Futch Creek Road and Market Street and there was also a child who was struck waiting for the school bus that approached the Porters Neck intersection. There are also some significant stormwater concerns. On the eastern third of the property it is so densely packed with homes that the stormwater pond on the eastern end is only 20- NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 552 feet off the side of Porters Neck Road and only 20-feet from the Porters Neck roundabout, which is the major choke point in the area. The petitioner’s outfall plan is to go under Porters Neck Road to an existing ditch. Mr. Smith then reviewed where the ditch may have existed at some point, but there is now a retention pond for the Waterstone subdivision directly across the street from the petitioner’s stormwater pond. In looking back towards Market Street where the stormwater pond is proposed to be installed, all the property on the land slopes back down towards Porters Neck Road, making it the low point between the two retention ponds. Mr. Smith then reviewed an exhibit from Waterstone's subdivision application where it can be seen on the elevations that the low point of this pond is against Porters Neck Road where the stormwater outfall is proposed to be. When standing in the traffic circle of Porters Neck Road, one can see the low point of both the existing Waterstone stormwater pond and the planned stormwater pond that are going to sit about 60 to 80 feet apart on opposite sides of Porters Neck Road. When and if there is a major flooding event, both will top over Porters Neck Road, risking road wash outs, degradation of the road service, and potentially cutting off key entranceways into the Porters Neck area during hurricanes. There are similar issues with the stormwater for the western two thirds of the property. The stormwater outfall plan on the western two thirds goes directly through the Tibbys Branch community, which already has a complicated stormwater situation. There are also concerns about overcrowding in the public schools. The Porters Neck Elementary School was designed to handle 503 students based on information from the New Hanover County Board of Education. Under the current zoning it is already slated for 518 students. That is over capacity and is before the petitioner would be allowed to put in 250% of the homes they would be otherwise allowed by-right. Also, this project unequivocally amounts to spot zoning. It is a spot zoned island, the densest portion of which is five times denser than the surrounding area. This is significant, because the UNC School of Government has made clear that although conditional zoning is legislative, because conditional zonings like these always amount to spot zoning, there would be no presumption of validity. The burden would be on the County to prove why this project is reasonable and in the best interest of the community, why it is reasonable and in the best interest to put this highest intensity portion of this property in an area disconnected from local services and arterial roadways, and force the burden of that density into the surrounding neighborhoods. Chair Olson-Boseman announced that the petitioner and opposition would each have five minutes for rebuttal. In petitioner rebuttal, Chair Olson-Boseman asked Mr. Steve Weiss if he would like to speak as he did not get the opportunity to do so earlier during the petitioner presentation. Rynal Stephenson, with Ramey Kemp, stated he had spoken with Mr. Weiss and he feels comfortable that there was not much to add at this time that was not covered in the presentation. Mr. Stephenson stated, in rebuttal, that the TIA report done for the project was reviewed and approved. The comparison of routes of traffic from the apartments, the 50% distribution in each direction was used for a reason. It may be slightly longer to go up to the “Old” Market Street intersection, but the traffic signals there are simple traffic signals that do not keep people stopped long. It moves traffic fast. The petitioner has discussed with NCDOT about additional improvements to the “Old” Market Street and Highway 17 intersection, the one with the fatal crash. NCDOT has identified improvements that it would like to make that the petitioner is discussing with NCDOT to try to find a way to incorporate those into this project to take of that for NCDOT. Allison Engebretson, landscape architect with Paramounte Engineering, stated in regard to the spot zoning comments, it is not spot zoning and the project has been thoroughly vetted through all the traditional means. The petitioner has looked at the Comprehensive Plan, there have been multiple community input sessions, work done with staff, and with the Planning Board process. The opposition’s presentation is the same that was used during the Planning Board meeting, so that board heard these arguments. If there are further questions about that, the petitioner’s attorney is present to discuss it. Dan Fisk, Civil Engineer with Paramounte Engineering, stated in regard to the stormwater on the eastern part of the project, there is a current cross culvert that goes under Porters Neck Road. What is being proposed for that area is an infiltration base and not a wet pond. What was being shown during the meeting was a schematic, so what Mr. Reagan was quoting for the necessary distance from Porters Neck Road has not been finalized. It is just an overall pretty picture just to show the area where the infiltration base is being proposed. The infiltration area has been tested and it came back with very good infiltration soils with the 20-inches per hour rate which is extremely good for the area. For the western part of the project with the stream, the team met on site with the Tibbys Drive homeowners and discussed the homeowners’ concerns. That is what led the petitioner to the point where the decision was made to increase the retention to the 100-year, 10-inch per 10-inch storm for a 24-hour period instead of the County required 25-year storm. Mr. Smith concluded the petitioner’s rebuttal comments stating in regard to the project’s impacts on the school, slide 33 in the presentation reflects that the school enrollment levels over the last five to six years have remained essentially flat. However, in that time 11,000 plus building permits have been issued. What is trying to be shown is that there is not necessarily a correlation between school enrollment and building permits, because a big spike in building permits has been seen but school enrollment really has not changed. In opposition rebuttal, Mr. Reagan stated Ms. Engebretson was right that this was largely the same presentation he gave at the Planning Board meeting. The same points are about the fact that this is completely in opposition to the plainly stated intent of the ordinance, which is legally binding for this to be approved. Nothing was heard from the petitioner at that time and nothing was heard today on it. It doesn't meet that plainly stated intent NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 553 and it is objectively unreasonable and should be looked at in light of that intent. The petitioner has come to this meeting with no explanation, because they are choosing to ignore that legal requirement and hoping the Board will do the same. That is the definition of an arbitrary zoning decision, when there is no factual support in terms of how that relates to the law. The fundamental difference between every other project that has been approved in this County and this plan is the connectivity to the commercial nodes and the markets. Commissioner Barfield stated that in rebuttal no new information is to be presented and only what the petitioner stated can be spoken about in rebuttal. Mr. Reagan stated he would conclude his comments stating that the salient point of his rebuttal is that the petitioner did not come up with those qualified reasons. Robert Kaess, resident of Tuscan Way and president of a homeowner’s association in Porters Neck, stated in rebuttal that Porters Neck is as an isolated area that is not typical of anything else in the County. It has the most restricted access per capita in the County and the entire area is constrained by one full intersection at Market Street and one controlled access from Futch Creek Road to Highway 17. These are the only two ways in and out. The traffic on the main arterial artery of Porters Neck where there's 35 private driveways and six neighborhood streets was never evaluated in the traffic analysis. Further, that traffic analysis did no risk analysis of injury or property damage resulting from the new Futch Creek exit point that has been proposed. Also, there was no analysis of increased traffic from ongoing developments that were not yet finished and are being pursued. Furthermore, the opposition identified 14 apartment communities between Mayfaire Town Center and Pender County. Commissioner Barfield stated, again, that in rebuttal no new information is to be presented and only what the petitioner stated can be spoken about in rebuttal. Mr. Kaess continued his comments stating in regard to the petitioner’s TIA, the City of Wilmington has its growth criteria and the City Planning Director has published ten ways to build an even better Wilmington and that is to welcome density, but not just everywhere. The existing residents’ issue is with the apartments, not the rest of the plan, not the quality, not the beautiful nature of the project as proposed, but with the density. The City of Wilmington has six criteria for dense build and primarily residential works well when it adjoins service. This property does not have direct access to a well-connected network of streets and is not served by transit. The property is isolated and automobile dependent. It fails on all six criteria used by the City of Wilmington and he would like for that to be taken into consideration. Nothing about the project has changed in the past nine months. Nothing justifies this unprecedented dense development within Porters Neck. He would ask that all of the concerns of the past four months with COVID-19 and the recent concerns we all have about the protests, not cover up his community’s issues and the opposition asks that the Board to please care about them as well. Hearing no further discussion, Chair Olson-Boseman closed the public hearing and opened the floor to Board discussion. Commissioner Zapple thanked everyone for the civil debate and bringing forward a lot of information, even more than what was in the agenda packet. In regard to Board questions regarding the U-turn on Highway 17 and if there is an accident/crash report for that section of Highway 17, Mr. Schuler stated the crash data was included in the opposition’s materials. He did check with NCDOT regarding it as they have a highway safety improvement program in which they analyze all the intersections in the area and the crashes that occur to determine which ones need safety improvements. At this time, neither Market Street at Porters Neck Road or the Futch Creek Road onto Highway 17 have been identified by that program as needing safety improvements. For crash information in the agenda packet, both of the intersections are probably seeing a conservative estimate of about 40,000 per day. Over a five-year period, that is about 75 million trips going through those intersections and 100 accidents occurred during that time. As to the total trips being generated by this project over a 24-hour period, from the original TIA which is reflective of 406 units and not the proposed 300, it is approximately 3,200 daily trips. In response to Board questions on the school information included in the packet being confusing, Mr. Schuler stated the generation rates state that for every four homes approximately one student will be generated. He would agree that is approximately 72 students under the current proposal. Regarding the capacity at Laney High School, Holly Shelter Middle School, and Porters Neck Elementary, New Hanover County Schools (NHCS) Assistant Superintendent of Operations Eddie Anderson stated that the chart in the agenda packet provided by staff are total New Hanover County percentages and he thinks the elementary school total is at 97% capacity. Porters Neck Elementary would be at 86% capacity which is 552 students and the enrollment projections for next year is 475, Holly Shelter Middle School will be at 90%, and Laney High School will be at 108%. The projections for Porters Neck Elementary School and Laney High School came down after redistricting and Holly Shelter Middle School was the opposite, where the intent was to increase capacity, which has been done and will increase from 76% to 98% capacity. A brief discussion was held about the petitioner’s points about the project having reasonably priced homes, but the apartments are to be luxury garden style units attracting tenants with higher income levels and the market price is likely to be higher than many of the surrounding areas for the single-family homes and duplexes. In response to Board questions about the project being geared toward the choice apartment leaser as opposed to someone who is leasing by price or need, Mr. Schuler stated that he cannot speak to the specifics of what the units will be selling NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 554 for. Generally, higher density will allow for more affordable housing or leasing at a more affordable cost that would be to develop/underwrite as your land costs are going to be the fixed cost in the development. As to it appearing that there are two contradictory statements that the plan could be for a reasonable price, or for workforce or affordable housing, and the petitioner’s written statements being the exact opposite, Mr. Smith stated that whenever Logan Developers, Inc. takes a project like this, they get a market study done and it tells them what is thought will work in the area. What was found in the study for this project is that the surrounding homes in the area are somewhere in the high 300s and they think that is where a lot of their homes are going to be. The duplex products will also start in the low 300s. Overall, he thinks that will probably average somewhere around $395,000 for the single-family homes, and the duplexes will be a little less than maybe $360,000. He believes the average sales price for the last year in New Hanover County was about $350,000. This project will be able to not only hit the average, but provide some homes that are more affordable than that, while maintaining the character of the neighborhood. In response to Board questions, Mr. Smith stated he thinks the rent price for the apartments will be around $1,100 per month. A big question of that is by the time the project gets to market, due to the length of time between now and when the land is fully permitted, fully developed, and vertically built. Again, he would anticipate around $1,100 for one-bedroom unit, $1,400 for two-bedroom units, and $1,700 to $1,800 for a three-bedroom unit per month. Commissioner Barfield stated to him the rents are pretty consistent with what is being seen across the community. When looking at the new units downtown, he thinks they are running for somewhere in that same neighborhood, whether it's Sawmill, The Flats, or the ones going up close to the marina. To him, this will be somewhat of an extension in the sense of what's happening over in the Davis Nursing Home and Plantation Village area in terms of some more mature people may want to move in that particular area based on what's there already. From a planning perspective, the County’s goal is always to have what is called nodes. In the agenda packet, it shows the proximity of different shopping opportunities, medical opportunities, a hotel in the area, and places to eat. Those are the goals of staff to really develop these nodes and the goal of having less cars on the road as opposed to more th cars on the road. Where he lives off of 17 Street and College Road, he can come out of his neighborhood and there is an Aldi’s, Publix, Food Lion, CVS, and a Walgreens that he can walk to, much less get in his car and drive to. The goal is always to provide these opportunities where citizens are not traveling all across the County for services. Also, New Hanover Regional Medical Center (NHRMC) built an emergency department in this particular area. From that standpoint, it is something that definitely pleases him to see what is happening in terms of the transition in this area. Again, it is not much different from what he is seeing at Davis Nursing Home and Plantation Village with multi-family housing. This Board has approved several of those in the past and they continue to add on to what they are doing there. He is generally supportive of this project. Commissioner White asked about Mr. Reagan’s comment that using spot zoning is not consistent with the Comprehensive Plan, even though staff and the Planning Board found otherwise, and what the County Attorney’s office opinion would be in reference to the comment that this would be an arbitrary action and in violation of UNC School of Government’s viewpoint on ordinances. Deputy County Attorney Sharon Huffman stated she thinks Mr. Reagan’s comment regarding the decision to approve being arbitrary was not related to his comment about spot zoning, but related to his reference to the section of the County zoning ordinance that states the conditional zoning district should be used primarily for use with transitions between zoning districts of very dissimilar character. Several times he made reference to this section. It does not say, “…this procedure shall only be used...”. It states, “…it is intended primarily to be used…”. There are times that it will be used when there is not a transition between zoning districts of very dissimilar character. That is often seen where there is a conditional zoning application that is then approved, where there is a residential area that is requesting to become a denser residential area. That is exactly what is happening here, in that there is a residential area that is being requested to be a denser residential area. She does not see that this is arbitrary at all and is not in any way suggesting that her opinion about that warrants approval of the project. She is just saying that she is not sure she understands why he is using this so forcefully. As far as spot zoning is concerned, obviously if this were in front of a court to decide whether it was spot zoning, the number one decision that would have to be made is whether this is spot zoning, not whether spot zoning is illegal or something that needs to be rebutted. She is inclined to believe that a court would not find it to be spot zoning just because you have a residential area that is being requested to become a denser residential area. She believes Mr. Reagan said five times denser in that one area up next to Market Street. She is not sure that is automatically spot zoning. Typically, spot zoning is when you see a residential area and someone wants to put a commercial zone in the middle of it. If a court said that this was spot zoning, it is not automatically illegal. The UNC School of Government blog post that you read on this says spot zoning is not illegal in North Carolina, but the burden is to show that the rezoning is reasonable. That is, of course, what the burden is in any conditional zoning district where the board has to find that it is consistent with the Comprehensive Plan, which she believes staff explained to the Board fairly easily, and then whether it's reasonable and that is the difficult question in this case of is it reasonable with all of the traffic issues. Commissioner White asked Ms. Huffman if a court were to scrutinize it under the conditional land use plan, at the beginning she mentioned toward the spot zoning analysis that a court would find relevancy in the way that area has developed, the way that area has brought retail and other mixed use type usage, and overall how the traffic in a greater sense would be reduced by bringing services and retail closer to the population base. He does not think a lot of those things were necessarily in existence when a lot of these neighborhoods were put into place. It seems to him that the court would see some relevance in the characteristics and consistency. The only inconsistent thing is the higher density here, but as growth has happened and as the Comprehensive Plan has matured, it seems to him the court would take notice of that and would find that to be reasonable and asked Ms. Huffman if she would NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 555 agree or disagree with that view or would it be difficult to say. Ms. Huffman stated the staff in their assessment said that this is within the Porters Neck growth node and there are three growth nodes in the County. One is this very area and it is expected and encouraged that there would be increased density in this area. What this Board has to determine is whether the density being increased to the degree that it would be, in light of the road network that is there and the increased number of vehicles that would be on the road, whether it would be reasonable or not. Personally, for her it comes down to the traffic issue. The attorney for the opposition showed the way one would get from the apartments to the mixed use that is approximately one mile or 1.2 miles away, there would be quite a rigmarole to get to those. It is really not the same as many other increased densities that are backed up to mixed use. It is maybe not as convenient to get to as some would be. The courts in these zoning matters are very deferential to the decision that a board makes based on what a board knows probably exists in the area. That is not the case with special use permits. Commissioner White thanked Ms. Huffman for her responses. He stated that he knows the Board has spent a lot of time on this particular project. He has met extensively with both sides of this, walked the property up and down, sideways, back and forth. Tonight's presentation on both sides was very impressive, and during his seven and a half years as a Commissioner, it would be difficult for him to find a presentation that was as equally well presented. He commended both parties for the way that they have presented their information. He has come into this neutral, as he has said a number of times to everyone, because he just likes to hear his fellow Commissioners talk about it and the back and forth of the evidence. The two things that have really swayed him to be generally supportive of this have been slide number 16 of the by-right zoning versus the conditional plan project comparison and the fact that the schools appear to have capacity. He would also agree with Commissioner Barfield's views about this project. Commissioner Barfield stated he likes Ms. Huffman’s use of the words “Porters Neck growth node”. In his opinion, the Board has been very deliberate in helping to make that happen. Several years ago, the County partnered with CFPUA to upgrade the Kirkland pump station to accommodate further growth in the Porters Neck area. The County partnered the NHCS to build a new elementary school in Porters Neck, recognizing growth in that area. NCDOT has put in the I-140 interchange right at Market Street, which allows people not to have to go down Market Street to go back into Wilmington, but go around it. Whenever he is in the Porters Neck area, he is on the I-140 and it does save him a lot of time. Again, he thinks the County has been quite deliberate in that growth node. He remembers the opposition when Walmart was proposed to be in the area and now he sees the parking lot full, as well as the Lowe’s Home Improvement parking lot. He expects the same for the hotel that is going in that area. It is all about having these nodes to where there is less traffic on the road rather than making people drive to the other end of the County, when they can go just a few miles from their homes for services. Again, he thinks there has been very proactive planning for future growth in this area and he is sure there will be more growth in the area. Commissioner Zapple stated he appreciates Commissioner Barfield’s and Commissioner White’s comments and complimented both parties for their presentations. What keeps coming up is the Comprehensive Plan and the intent of it. For him, there are a couple issues that it simply does not address and this discussion has brought forward a major gap as it does not address the increase of density into an area of already established neighborhoods, in this case, R-15 and R-20. The Comprehensive Plan does not address the infrastructure, specifically transportation, on how to fulfill those goals that it encourages the County and the Board to abide by. Those are two big issues that he thinks are important in this decision. This is a community that people bought homes, all sitting on R-15 or R-20, large size lots, with the anticipation that their neighborhood would grow up that way. The Comprehensive Plan comes along and says more density is needed. The Commissioners responded by creating several more categories, R-5, R- 7, and R-10 to help with that density. What is missing is how or should the Board take what is an infill project for this area and put in higher density into the middle of established neighborhoods. He thinks it is important the Board has this discussion and that the Planning Department address it and give the Board more clarity on it. The question is if it is appropriate to put something like this in this established neighborhood, and what it boils down to is the residents simply do not want the apartments. He believes the townhomes could be justified and accepted. More troubling to him is when you don't have the transportation infrastructure to support the higher density and the question of what do we do as the Comprehensive Plan is silent on that issue. That is clearly one of the most troubling things, either the entrance and exit out onto Highway 17 and the U-turn as those are the two main entrances and exits that will be used there. He is not supportive of this project, the way it is written right now, without further guidance. Vice-Chair Kusek stated it is apparent to her there has been a number of changes in this project since it was initially proposed to the community in the huge reduction in density, increased buffers, reduction in the apartments, and addition of the gated entrances. She thinks Commissioner Barfield said he would to make the motion to approve and if not, she would be happy to do so. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board on the request. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner White to approve the proposed rezoning to a conditional RMF-L district as the Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the proposal provides an orderly transition of uses from higher intensity to lower intensity areas, provides for a range of housing types, and is in-line with the recommended densities of the Community Mixed Use and General Residential place types. The Board also finds approval of the rezoning request is reasonable and in the public interest because, although it will increase traffic in the area, the proposal would benefit the community by providing diverse housing options and with the following staff suggested conditions: 1.The project’s stormwater facilities must be designed to accommodate a 100-year storm event. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 556 2.As proposed and agreed to by the petitioner, an additional westbound right turn lane shall be installed on Futch Creek Road/Market Street at its intersection with US 17. Installation of the turn lane requires approval from NCDOT and shall be constructed in accordance with NCDOT’s standards. 3.The roadway connections to the three road stubs abutting the site to the north in the Vineyard Plantation subdivision shall be gated and limit access to emergency vehicles only. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Zapple dissenting. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971, is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 5, Page 82. A copy of the written public comments submitted by 12:00 p.m. on Friday, May 29, 2020 are hereby incorporated as part of the minutes and are contained in Exhibit Book XLII, Page 11.6. PUBLIC HEARING AND DENIAL OF REZONING REQUEST BY DESIGN SOLUTIONS ON BEHALF OF THE PROPERTY OWNER, HD, LLC, TO REZONE APPROXIMATELY 74.83 ACRES OF LAND LOCATED NEAR THE 5800 BLOCK OF CAROLINA BEACH ROAD, NORTH OF THE EXISTING TARIN WOODS SUBDIVISION, FROM R-15, RESIDENTIAL DISTRICT, TO (CZD) R-5, MODERATE-HIGH RESIDENTIAL DISTRICT, IN ORDER TO DEVELOP 499 DWELLING UNITS (97 SINGLE-FAMILY DWELLINGS AND 402 TOWNHOMES) (Z20-03) Chair Olson-Boseman opened the public hearing and requested staff to make the presentation. Planning Manager Ken Vafier presented the request by Design Solutions on behalf of the property owner, HD, LLC, to rezone approximately 74.83 acres of land located near the 5800 block of Carolina Beach Road, north of the existing Tarin Woods subdivision, from R-15, residential district, to (CZD) R-5, moderate-high residential district, in order to develop 499 dwelling units (97 single-family dwellings and 402 townhomes). The site is located in the southern central portion of the County on the eastern side of Carolina Beach Road just south of the Monkey Junction intersection. The property is zoned currently R-15, residential, which reflects the general zoning designation of the area with the exception of parcels fronting on or near to Carolina Beach Road, which are zoned B-2. The subject property is located just north of the existing portions of Tarin Woods II and Tarin Woods that have previously been developed. In November 2019, a proposal was brought forth to the Planning Board for a general use or straight rezoning of the site to the R-5 district, which could have allowed up to 599 units at that time. The proposal was ultimately withdrawn at that hearing and the petitioner is now proposing a conditional R-5 district with an accompanying site plan that would limit the proposal to 499 units at a density of 6.6 units per acre. In addition to the submission as a conditional district, one other change from the 2019 proposal is that the petitioner has obtained an adjacent parcel zoned B-2, which is not part of this rezoning request, but on which an egress only access point to Carolina Beach Road is proposed to offer an additional access aside from Manassas Drive to the south, and via interconnectivity through the adjacent subdivisions to points south and east, which provide connection via interconnectivity from Sentry Oaks and Congleton Farms subdivisions. The site plan for the proposal shows a total of 97 single-family units and 402 townhomes in a mixture of duplex, triplex, and quadruplex units with secondary amenity areas and open space areas. Again, the primary point of ingress and egress is proposed via Manassas Drive and the subdivision can then be accessed and navigated internally via Shiloh Drive, Appomattox Drive, and Sweet Gum Drive from that location. The exit-only drive is on the western portion of the site to Carolina Beach Road, through the B-2 property. The proposed access point to Carolina Beach Road is proposed as a condition of approval to this request. At the March Planning Board meeting, an additional condition was recommended which provides a 50-foot buffer from the common boundaries with the Tregembo Animal Park. As currently zoned, the site could potentially accommodate 187 dwelling units at a density of 2.5 units per acre. With the current proposal of 499 units in the conditional R-5 district, this represents an increase of 312 units more than if the site were to be developed under the existing zoning district. The unit types proposed, which consists of single-family detached, duplexes, and townhomes with a maximum of four attached units differs slightly from what could be permitted in the R-15 district, which also allows mobile homes or multi-family units. In 2018, a TIA was scoped for 531 total units, again for which the associated rezoning request was withdrawn. Due to the revised unit count for this development proposal, a traffic technical memorandum was conducted to account for the scope of the current proposal to serve as an addendum to the TIA, and has been approved by NCDOT. The current proposal of 97 single-family homes and 402 townhomes are proposed to generate approximately 253 a.m. peak hour trips, 303 p.m. peak hour trips, and this estimated trip generation would be an increase of approximately 115 trips in the a.m. peak hour and 118 trips in the p.m. peak hour from what could be developed on the site under its current zoning. A principal finding of the traffic technical memorandum is that with a change in scope of the proposal, there are no additional recommended roadway improvements other than what were approved in the 2018 TIA with the inclusion of the new egress road to Carolina Beach Road. Those improvements are, as required by the TIA and the traffic technical memorandum, the installation of a northbound leftover and U-turn lane at the access to the Harris Teeter shopping center and installation of a second westbound right turn lane from Manassas Drive to Carolina Beach Road to create dual rights. In addition to these recommended improvements, the petitioner is proposing a left hand turn lane from Manassas Drive which would go north onto Shiloh Drive, which is the first street entering the subdivision if you are traveling eastbound on Manassas Drive. The traffic technical memorandum shows a slight decrease in LOS in terms of delay in seconds at the Manassas Drive and Carolina Beach Road intersection at the a.m. and p.m. peak hours. At the Sanders Road and Carolina Beach Road intersection there is a slight decrease to the delay in seconds in the a.m. peak, and about an additional 10 second delay in the p.m. peak. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 557 Proposed improvements to Manassas Drive will also include the addition of landscaping in the median, seeding, surface improvements, widening, and a left hand turn lane into Shiloh Drive utilizing a combination of NCDOT funding and improvements from the petitioner. The traffic technical memorandum finds that approximately 70% of traffic in the proposed development will traverse through the Manassas Drive access point, while 30% will exit on the new egress drive. There were four TIAs in recent years, the details of which are in the staff report. In addition, there is one State Transportation Improvement Project (STIP), which is the improvement of the intersection of Carolina Beach Road and South College Road to a continuous flow intersection and widening Carolina Beach Road south of that intersection. Due to the impacts of COVID-19, there is no current lead date for that project. As was mentioned in the prior agenda item, staff has generated a methodology to give an approximate rate of student generation. For this project, the development can be estimated to generate approximately 120 students, which is about an additional 75 students more than if the site was developed under the existing zoning district. The Comprehensive Plan classifies the property as almost entirely within the General Residential place type with small area within Urban Mixed Use place type. Because of the general nature of the place type borders, sites located in proximity to the boundaries between place types could be appropriately developed with either place type, allowing site specific features and evolving development patterns in the surrounding area to be considered. The staff analysis finds that the proposed R-5 district is generally consistent with the intent of the Comprehensive Plan because the overall density of the project is in line with recommendations for a General Residential place type, in close proximity to an Urban Mixed Use growth node, it provides for a range of housing types, and it will transition densities from the portions of the property adjacent to Urban Mixed Use areas where moderate to high density multi-family and higher intensity commercial is desired to those abutting existing lower density residential neighborhoods. Staff is recommending approval of the request subject to the following conditions, two of which were proposed by the petitioner: 1) the egress drive to Carolina Beach Road will be installed in an access easement through the adjacent B-2 zoned tract; 2) the maximum number of units within the proposed conditional zoning district will be capped at 499; and 3) a 50-foot wide vegetated buffer shall be maintained on the three eastern sides of the Tregembo Zoo property. The existing vegetation shall remain within this buffer with the exception of clearing required for any essential site improvements, which include the driveway to Carolina Beach Road. The Planning th Board recommended approval (6-0) of the application at its March 5 meeting with the noted conditions. In response to Board questions, Mr. Vafier state that Manassas Drive is an NCDOT maintained road. There are 188 units that have been platted and approximately 65% of those have been constructed. In terms of the number of new homes that have been constructed in Tarin Woods, he did not have the exact number and confirmed that the request is for an additional 499 homes. Commissioner Barfield stated it is important to know how many homes have been constructed already in Tarin Woods to understand the impact on Manassas Road. He also wants to know why it was not required to be upgraded when the initial units were approved, because Manassas Drive is pretty rough and with the people who live in that area generally besides the people who live in Tarin Woods, it would not get as much wear and tear as he is sure it is getting now with the people building homes in Tarin Woods. Mr. Vafier stated in response to the earlier question, 130 homes have been constructed in Tarin Woods I and 118 homes have been constructed in Tarin Woods II. He confirmed that with this request of an additional 499 units, the total would be 747 units. As to how that will work on only two roads, Mr. Vafier responded in the traffic distribution numbers it shows that there is a slight increase in delay in seconds. The traffic technical memorandum does say that the new egress road to Carolina Beach Road will assist in the traffic distribution. In response to the second question, Mr. Vafier stated the B-2 zoned portion of this area, which is not part of the rezoning request, is anticipated to be developed by-right with B-2 uses that would serve the adjacent community such as retail shops, cafes, restaurants, etc. On the northern part of the site is a right out only and what the petitioner has discussed with NCDOT and has been conceptually approved by NCDOT, is there would be a right-in only to the commercial parcel. Then a person could navigate internally back out to the right out or turn right and go back into the subdivision. Therefore, it essentially functions as a full point of ingress and egress. As to why there could not be a second access to make it accessible both ways instead of only having Manassas Drive as an in-only access, Mr. Vafier responded it is staff’s understanding that NCDOT has concerns with the proximity to Sanders Road in the location to provide a right-in, right-out. Ben Hughes with NCDOT further explained what would be introduced at that point with a right-in at the axis that is being discussed would be additional U-turns to the signal with Sanders Road. There would be an adverse effect on that signal and with a right-out only that does not happen. As to how with approximately 740 units in one neighborhood entering on only one road would work, Mr. Hughes stated that there will be a left-over into Manassas and it will now be signalized. With the signal being in place, there will be detectors in the pavement and when someone is delayed long enough, the signal will be activated for a green arrow for the leftover into Manassas Drive. As such, traffic is not backing up onto Carolina Beach Road. He also confirmed he does understand the number of units that will utilize the road. In response to Board questions if the plan is for the parking lot of the commercial development, when built, to act as a main entrance to this project to allow people to get onto the egress road to get to their homes, Mr. Hughes stated as he understands, the petitioner was going to design in such a way that traffic going into the neighborhoods would not be able to utilize that access as it would specifically be for the small commercial node. Anyone going back to the residential area would not be utilizing this access. Chair Olson-Boseman thanked Mr. Vafier for the presentation and invited the petitioner to make remarks. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 558 Cindee Wolf with Design Solutions, representing the property owner, HD, LLC, stated this petition addresses a successful existing residential community and home construction within Tarin Woods that has been underway for over five years now and those neighborhoods are pretty much built out. There have been 118 homes already built in phase two. The boundary of the project extends north of the existing phase and is bounded on the west by the entire commercial corridor along Carolina Beach Road. Prior to the current Comprehensive Plan, the 2006 CAMA Plan was the guiding document. The lands included in this petition were already identified as appropriate for transitional development back then. At one time, there was even the Masonboro Loop Road bypass that was just scrapped at some point in time because it was known that this part of the community was going to be transitional around the Monkey Junction growth node. The land classification that we have is intended for future intensive urban growth when urban services are available. The area south of Monkey Junction to the Beau Rivage subdivision has undergone a lot of growth with the provision of both services and infill of residents. The tract is now identified as General Residential on the current plan abutting the Community Mixed Use that borders Carolina Beach Road. The plan suggests that higher densities are appropriate to support the commercial services and compact development patterns that the place type promotes. Nearly the entire western boundary of the tract is adjacent to businesses or other non-residential uses. Although the areas to the south of the subject property have been developing with single- family housing over the past couple years, there was not enough sanitary sewer capacity to continue. The petitioner paid for the new lift station that is benefiting the entire area. Increased sewer capacity now makes rezoning this property for moderate density residential a much more logical transition and more efficient land use. The master plan shown during this meeting is specific insomuch as there is a certain dedicated area to single-family housing and nothing but, and the other two attached housing units not to exceed four units in any structure. The purpose of the new R-5 district is to encourage medium density development where adequate services are already available. However, there are built-in limitations for the housing types permitted in that zone, specifically single-family, or townhomes up to four in a unit. In the past year, 118 single family homes have already been recorded and the other single family lots are preliminarily approved and in development. It is unknown what the housing preference will be in the future, but the petitioner believes that townhomes would be a logical transition. The proposed housing style could be integrated into the scheme and it would meet the planning principles for acceptable transition between busy highway corridors and more established single-family homes beyond, in addition to the transition occurring within the existing development. Attached housing will not be beside existing single-family homes that have been bought or built and people are residing in, and there will also be buffering and transitioning within the development. If this petition is successful, and the proposed density is maximized, the area of the combination of single-family and quadruplex units will total around 740, which is a density of four to five units per acre. That coincides with the suggested maximum six units per acre for development within a General Residential place type. This concept also commits to provide additional buffering between the homes and the Tregembo Zoo with a minimum setback of at least 50-feet, rather than 20-feet, and a planted berm will be installed along for extra separation between the homes and the common property line. Townhomes are an alternative housing product and are still considered single-family homes but attached. The condition is that no more than four can be attached. The different details for the townhomes in this project add to the versatility of price point and affordability. Ms. Wolf stated that Mr. Vafier did an excellent job going through the TIA and how it has gone through the process from 2018 to the current addendums and the approval by NCDOT and the WMPO. The original TIA was completed and approved at the onset of the project for a master plan that included well over 700 units in just this phase two, which included both homes and apartments. Since then the numbers have been reduced to 200 single- family homes and 402 townhomes for a total of 602 in this rezoning petition. Also at the time of the study, Manassas Drive was substantially the only means of ingress and egress into these neighborhoods. Much better interconnectivity has now been provided with connections into Sentry Oaks and Congleton subdivisions, which are both means to get to Myrtle Grove Road and travel north or south on Myrtle Grove Road, in addition to the Carolina Beach Road circulation patterns. An additional egress point, as discussed, will also be north of Sanders Road. Interconnectivity provides multiple means of traversing to the local goods and services in this area, so not everyone is coming out Manassas Drive or even the egress point in and out. The Manassas Road exhibit as shown will mitigate the full build out of Tarin Woods, all of the improvements are already bonded and are in the works as actually to be completed by the NCDOT. During the NCDOT upgrade project, for normal maintenance of Manassas Drive, the extra lane will be added, landscaping has been committed, and it is all part of as homes are built certain improvements to mitigate those additional trip generations are put in place. The egress will not go through a commercial site as it will be a dedicated lane to come out. As was also pointed out, whenever the business district gets developed, they will have to give some type of a driveway for access and ingress. Those people can also always get through to the road at the north end. Ms. Wolf concluded her presentation stating that density, traffic, and stormwater are always the three big items that are talked about at all of these public hearings. Sustainability of this County depends on sensible infill and maximizing use of lands already accessible to urban services. Increased density not only increases the tax base, but makes better use of existing infrastructure. This petition is not for high density development, not apartments, and not over six units an acre. It is for a moderate increase with alternative housing product transitioning along a commercial corridor. Extensive time, effort, and review has been spent by the petitioner, traffic engineers, staff, and NCDOT to assure that required infrastructure improvements will not only alleviate some of the current vehicular circulation issues, but also mitigate additional trip generation of this proposed project. This is one project that has not had stormwater management issues as areas of concern. Ponds and drainage ditches are provided throughout the project to address both the assurance of water quality and runoff control. This rezoning is consistent, reasonable and in the public interest, as the staff has pointed out in their case summary and the Planning Board voted on. It provides increased housing for infill development on an underutilized tract of land where access to utilities and improvements already exist. It is in a growth node. That is where growth should be accommodated with a variety of NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 559 housing types and price points. The proposal provides an orderly transition between existing lower density residential areas and the anticipated high density development along Carolina Beach Road. In response to Board questions about the new road and if it will be a two-lane road, Ms. Wolf stated it is only permitted at this point to be an egress and that is by dictation of NCDOT. The petitioner would like for it to be two-way, but is restricted to it being solely an egress at this time. As to using the commercial property as access into the project and if it is egress only that cannot be done, Ms. Wolf stated if it is developed as a commercial site, NCDOT will have to give them a driveway, an access point. At that point, there is no design for the site yet, if there is a driveway in and there is the existing egress out, then circulation will be re-reviewed at that time. This is because just about any commercial on the site, which is roughly five acres, will probably initiate its own TIA requirement. However, at this time NCDOT finds it more appropriate for it to be an egress only. As to whether the road will be designed to be a two-lane road for future growth, Ms. Wolf stated the petitioner will want it to be two-lane past its egress point for the benefit of the commercial and being able to come and go without ever having to get on Carolina Beach Road. Again, until the commercial site is developed, the project is limited to the egress. It will be a one-lane road egressing the development, but it can be expanded as part of the development of the commercial site. James Yopp, with HD, LLC, stated the project was started in Tarin Woods I, which is currently 130 homes and a TIA was not required for those initial homes. A TIA was required to move forward at the 96 lot count to proceed beyond that. The TIA began back in 2016 and took over two years to produce the study because there were a lot of super streets and other improvements that were going on with Carolina Beach Road. Once that improvement was actually done, his company bonded those improvements, so they could continue forward releasing single-family lots. Since that time, they have worked closely with all parties including NCDOT and the WMPO, to try to meet any desires and what NCDOT has asked them to do. They have, since the Planning Board suggestion, added the means of egress, even though the TIA met all the conditions of what is being asked for today in the rezoning request. They have only improved the circumstances beyond the TIA that have been acceptable from the WMPO and NCDOT, and they are following the instructions straight from NCDOT. He further stated his company was able to bring water down Carolina Beach Road from Autumn Care into Manassas Drive and down Appomattox Drive. Appomattox Drive was a dirt road at the end of Manassas Drive, and his company did the improvements with the super turn at Manassas Drive onto Appomattox Drive and Lieutenant Congleton Road, and the water source continued all the way into the Tarin Woods subdivision and tied into the Sentry Oaks subdivision. Improvements were also made to the interconnectivity at Anemone Lane into Sentry Oaks, which created more interconnectivity for the subdivisions. Water services were also connected to the Deer Crossing subdivision and other network subdivisions, which had limited capability for fire services and irrigation systems. With sewer, his company also did the improvements on the Intercoastal Watch subdivision lift station, tied into Deer Crossing subdivision and then were told when Tarin Woods II was coming forward, there was no capacity for sewer. As such, they built the lift station, added the force main, pumped it into a gravity line behind Autumn Care, which fed into the area behind Home Depot, which the property is very close to in proximity. As a result, the road improvements have been not only onsite, but they've been offsite as well and they are looking at also making additional offsite improvements to alleviate traffic on Sanders Road, and the U-turns there by turning into the Harris Teeter, in close proximity to shopping centers. They are also adding a dual right coming out of Manassas Drive, which improves that and then are installing a deceleration lane into Shiloh Road, which adds another means of egress. Currently, the Tarin Woods II property can be entered from Tarin Road, Appomattox Drive, and will be able to do so from Shiloh Road, but you can also come off Myrtle Grove Road in multiple locations, whether it's through Sentry Oaks or Congleton Farms subdivisions. His company also added the additional egress now through their B-2 property, which connects straight to the subdivision. They are trying to provide services for the community with means of ingress to the B-2 and the commercial sections, and then also a means of egress out onto Carolina Beach Road, a major thoroughfare. Efforts have been made to address everything in the Comprehensive Plan. He feels that has been done by making these improvements and diversified product types have been allowed throughout the subdivision. Mr. Yopp wants to make sure everyone understands the overall improvements HD, LLC has made and the other means of traffic flow that are available throughout the subdivision and it all does not have to flow out of Manassas Drive. However, NCDOT likes to concentrate things at intersections, if at all possible, and that is what his company has been asked to do. In response to Board questions, Mr. Yopp confirmed that there is now a connection onto Lieutenant Congleton Road, it is paved and accessible, and that can take a person out to Myrtle Grove Road. There is also a connection point at Sentry Oaks that has a right lane into it, which connects to the Tarin Woods subdivision. Chair Olson-Boseman stated that no one signed up to speak in favor and four people signed up to speak in opposition and invited the speakers to provide their comments: Robert Tregembo, resident of Carolina Beach Road, spoke in opposition to the request stating his family th owns the zoo on the property that is surrounded by the property the petitioner owns. At the March 5 Planning Board meeting, member Boney required a 50-foot setback from his property line that was to be left natural wooded, rather than be cut down or destroyed. The reason for this is the zoo animals cannot stand big equipment around them. It upsets and scares them and they do not know what to do when there is that much close to them. According to the plan, it says 50-foot setback from the nearest structure, but member Boney said 50-foot of uncleared land and then after that the petitioner can worry about what they are doing. On the plan is also a six-foot landscape berm planned along the property line. If the petitioner does that, they are going to have to tear out all the trees and that will scare the animals terribly and he does not understand that part of it, but guesses it is just some of their plans. His family has been on his property for 68 years with a zoo and basically the petitioner wants to put the egress road NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 560 right along the property line all the way to the highway. That is the southern border of his property and then the map shows a possible future connection on his property’s northern border, which if they cut all those trees down is going to scare the animals. He invited the Board to come to the zoo to see the property to understand what he and his family are concerned about. Commissioner White stated he does not know if he supports or opposes the project yet. He asked Mr. Tregembo if in the event the project were approved, would there be costs or an opportunity to relocate the animals for a short period of time while the buffers are applied or if he was suggesting the animals would be permanently disrupted from the moment that the development began until it ended years later. Mr. Tregembo responded over the years, other people have owned this same property behind him that this petitioner has now. When prior owners have come in with larger equipment, such as bush hog equipment, etc. it has scared the animals quite a bit and it did not matter which side of the property they were on because the zoo area itself is only 400-feet wide. As to how he has buffered the animals from Carolina Beach Road, Mr. Tregembo stated the larger animals are not up front. There is a duck pond and the like in the front that Carolina Beach Road does not bother as it would zebra, giraffe, etc. which are further into the back. Over the last 50 years, it has always been said and he has always been told the area behind the zoo is wetlands and would never be developed. When he has tried now to ask someone if it is wetlands or not, he cannot get a response from the US Army of Corps of Engineers, County Planning Department, etc. so he really does not know the answer. However, the property behind his is wet. In response to Board questions, Mr. Tregembo stated his family has owned the property since 1952. Chass Hood, resident of Liberty Landing Way, spoke in opposition to the request stating she previously dropped off a petition signed by 229 people asking for this property to not be developed as high density. The 747 units does not include the Covington subdivision and all those residents use Manassas Drive as do the Battle Park residents. Manassas Drive is a very small road and now there are four entrances to it because the Tarin Woods petitioners put in two more entrances. There are buses that drop the children off and stop traffic, which backs up traffic on Carolina Beach Road as you cannot pass a bus. Rezoning in this area is not in the public's interest and there will be negative impacts on the existing infrastructure. Adding thousands of residents in this small 75-acre area will create an eyesore with 1,000 plus cars completely out of character to the surrounding residential area. It will create even more traffic congestion on already overused roads on Manassas Drive, Carolina Beach Road, and College Road. It will place residents at undue risk by further congesting their only escape route in case of hurricanes or other climate disasters. Increased pollution with the added traffic will seriously threaten the health and well-being of the community’s treasured Tregembo zoo animals, which the proposal does not adequately protect with a reasonable buffer zone. 50-feet is not reasonable with wildlife animals; it's unacceptable as a buffer for both the wild animals and the future residents who will be woken up regularly in the middle of the night with lion roars and other animals calling out as they do now. Rezoning in this area will create an overburdening situation with the four schools already at capacity. High density building in this residential area is not logical or efficient or reasonable as suggested and just because a forest area exists does not mean it should be gutted and filled in with high density building. There is only about 13% of forest lands left in New Hanover County. Due to overdevelopment, and thoughtless destruction of our lands, not only does continued gutting of our forests areas create more pollution, it aids in the destruction of indigenous species. It is more logical to protect the environment and control growth so that quality of life, clean air, personal safety, and community integrity remain at the forefront of all development. At the very least, a moratorium on a rezoning decision should be put in place until decisions about the area’s traffic, school schedules and enrollments are made, and community changes are set. She asked the Board to vote no on the rezoning or postpone any decisions on this issue until the beginning of 2021 when new schedules and procedures are solidified, and thanked the Board for serving the community. Bob Boldt, resident of Riddick Court, spoke in opposition to the request stating he lives in Tarin Woods I where there are 130 homes. He thinks Commissioner Barfield stated it best when he asked how 747 homes work. It does not with only one-way in. As to getting out onto Lieutenant Congleton Road, there are 188 homes being built in Congleton Farms. Add that to Covington and Tarin Woods, there are way too many cars coming in with no way to go. He is not opposed to the development, he just opposed the number of developments going on. Caroline Rittenhouse, resident of Canopy Way, spoke in opposition to the request stating she is also a resident of Tarin Woods I and everyone before her spoke about the same concerns she has. She wanted to be in attendance to represent the opposition to this development and does not want Wilmington to become a concrete jungle. Traffic is also a big concern and she would like for the Board to take that into consideration. Chair Olson-Boseman announced that the petitioner and opposition would each have five minutes for rebuttal. In petitioner rebuttal, Mr. Yopp stated the additional rezoning district is for R-5, which is on approximately 75 acres of the property. The total, which could be eight units per acre, has been reduced to about 6.6 units per acre. This is a 100-unit deduction in what his company designed for this area. When talking about the total number of homes, which was not a part of the initial Tarin Woods II, overall there are 176 acres that you would see before you right now and that is the 747 homes and brings it to 4.2 units per acre. The 75 acres involved in the rezoning today is that transition period going to the commercial nodes. As to Mr. Tregembo’s concerns, he does understand them and he was born and raised in Wilmington as were his parents, and all are familiar with the zoo. His company has reached out to Mr. Tregembo multiple times and also went through the Planning Board's recommendation and approval and it was decided the buffer would be increased to 50-feet. Currently, building can be within 20-feet of the zoo and his property line. The fence line for the animals is on the property line, so Mr. Tregembo created no NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 561 buffering at any time for the zoo animals. This project is providing that by adding the buffer to make it 50-feet in this conditional rezoning district. He feels the accommodations are being made and he is willing to speak with Mr. Tregembo again about the best way to move forward to not to scare or harm the animals. He went to the zoo as well as a kid and is very familiar with the site and the family. His company wants to work with Mr. Tregembo, if he is amenable to it. There will possibly have to be within the buffer some utilities and things of that nature in moving forward with some parts of the stormwater design, infrastructure designs, etc. which are being discussed now and rebutting. He feels there are multiple means of egress, multiple adjacent transition areas to commercial, B-2 access to the commercial properties, and there are future connections that can possibly occur to the north that may come up at a later date. This is part of the TIA study and is a part of what they have been designing at this time. As his company moves forward with the property that goes behind Home Depot an additional study will have to be done with the possibility of having to provide additional means of egress and ingress in that property. He feels his company has done everything that has been asked by staff and the Planning Board. Efforts have been made to accommodate all residents inside the community as they transition behind Strickland’s Surplus, a warehouse facility, a strip mall, the zoo, Autumn Care, and abutting next to other commercial nodes. Ms. Wolf stated this is not a high density request. It is medium density. What is being looked at today is consistent with the Comprehensive Plan, what is recommended for the future of the County, and the infill that is known to be coming. There are other members of the petitioner group present to discuss the diversified product needs, collector and commercial nodes, the TIA, infrastructure improvements, stormwater, etc. In opposition rebuttal, Ms. Hood stated during the Planning Board meeting, the chairman wanted a 100- foot buffer and the petitioner fought it. The 50-foot buffer is what was settled on. The residents feel that Mr. Yopp is doing this for his own profit and not for the residents. Anything not clearly stated will be taken advantage of and she asked the Board to look at all of it because once the development occurs, it is gone forever. Packing everyone in is not conducive to a high quality of life. Hearing no further discussion, Chair Olson-Boseman closed the public hearing and opened the floor to Board discussion. In response to Board questions, Mr. Vafier stated the wetlands have been preliminarily evaluated and there have been some areas of wetlands to be found on the site. Once the project gets to the Technical Review Committee (TRC), that is when the wetlands are required to be delineated in full and the petitioner will have to make the necessary site plan adjustments to avoid impacts to the wetlands. He confirmed that staff does believe the zoo fence is very close to the property line. Commissioner Barfield stated his biggest concern is the cumulative effect of the number of homes being added to what is already there and how to do you get that many people out of the neighborhood. If you are looking at 700+ units, how do you get that many people out in the morning for those going to work? He is sure they are not all going to work at the same time, but it is still 747 units to figure out how it will work. Also, with the additional drive going in for exit only, it is a one-lane road which means that you cannot utilize that to also get in. Most of these people will turn right to go into Wilmington proper as that is where most of the jobs are in that section of the County. He does not see that many going towards the Carolina Beach area for work because there is not much work in that area other than the NHCS building. Commissioner Zapple asked Mr. Vafier to correct him if he was wrong, but his understanding from the TIA is that this project will have a one-way driveway that comes out onto Carolina Beach Road with a stop sign at the end of the driveway. It is anticipated that vehicles will transition onto Carolina Beach Road where traffic is running 50 to 60 miles per hour, particularly in the mornings. He asked if any consideration was given, with it being anticipated that roughly 30% of the neighborhood will use this exit to go north onto Carolina Beach Road, the danger of having that many cars pull out onto the road without a signal. Mr. Vafier responded that staff did speak with Mr. Hughes about it prior to the hearing and the indication is that putting an acceleration lane there creates an unnecessary merge and an additional point of conflict with the oncoming traffic. Mr. Hughes stated acceleration lanes are specifically reserved for more of a freeway, on-ramp type situation and would create an unnecessary point of conflict when a driver is looking back over their shoulder, as well as there being conflicts with the existing driveways that are already along Carolina Beach Road. From a safety standpoint, it would not be something they would be able to do. Commissioner Zapple asked Mr. Hughes if there was a new LOS called “G” as it was mentioned in the TIA and if that was now a worse LOS category than “F”, as it was mentioned a few times in the document. Mr. Hughes responded that it was probably a typographical error, there is no LOS below “F”, and when mentioned in the report should be read as an LOS of “F”. As to how an intersection can reach a capacity utilization of 104% as it is stated in the TIA, Mr. Hughes stated with the LOS, there is a range and there cannot be a worse level of service. Essentially, it is measured in seconds of delay. It is correct that this percentage would represent a substantial delay in the intersections referenced at 104% and 102% in the TIA. Commissioner Zapple asked Ms. Wolf to provide clarification on if the project was for 602 units or 499 units. Ms. Wolf explained the project proposal is for a combination of single-family and attached housing, 499 total, but of those the petitioner has committed 97 single-family homes which are buffering existing family homes. The 602 is when you start adding in the units in phase two that have already been developed. The overall development is at 4.5 units an acre. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 562 Commissioner Zapple asked Ms. Wolf to go over again all the alternate sources of connectivity. She stated the important thing is there is not only Manassas Drive, the future egress point, but the fact that Congleton is open, the Sentry Oaks connection is there, and there are multiple ways in and out. As to whether Rosa Parks Lane, which is a dirt road, is meant to be a future connection, Ms. Wolf stated that one of the things that has been discussed is to the north there is Kings Highway that is beyond the limits of this particular proposal, but is part of the adjacent land owned by the same person. Rosa Parks Lane is a private right of way and at this point there is not the ability to make the connection. Based upon County subdivision regulations, there would be a stub for a possible future connection. There are other options for future connectivity, but the petitioner is working with what is available right now. Commissioner Zapple stated he appreciates Mr. Yopp and his company bringing water and sewer to this area and improving the road conditions. Mr. Yopp stated they are looking forward to hopefully continuing those improvements in the TIA study that they are bound to and have bonded, which they were directed to do by NCDOT. After the Planning Board meeting, Mr. Hughes stated while he understood what the Planning Board desired, NCDOT continued to desire it to be an egress at this time and then an ingress into the commercial section. His company is following exactly what is being asked of them to do by NCDOT and the WMPO. They are also looking to further the interconnectivity as they move further north on the project. By adding the egress, the queue has been reduced coming from Manassas Drive and coming onto Carolina Beach Road by 5.5 seconds and 55 feet a queue in the a.m. peak hours and the p.m. hours it is reduced by 15 feet a queue. He thinks the egress is a positive thing. Tim Lowe with Davenport Engineering confirmed that Mr. Yopp was correct with the additional egress, the queue will be reduced and the delay at the intersection, by the addition of the additional westbound right turn lane, improves the delay at that intersection. Commissioner White stated everyone appreciates the work the Planning Board puts in and he thinks it is fair to say those members put in multiple more times than the Commissioners do on the ordinances. Scrutinizing them, making these applications better, vetting, and sorting through the various things. Ultimately, the decision rests with the Board here, but the Planning Board spends a lot more time on it than this Board does. That is why they exist and the members represent the community very well. He is thankful for all they do. His personal approach to these things is to try to give a presumption to the Planning Board when they recommend something and that means he looks for opportunities to support what they recommend. He does not always agree and sometimes evidence is presented that rebuts that presumption and he goes against them. In this particular application, he is very mindful of Mr. Tregembo’s concerns about his animals. He does not like to hear that, but he is also swayed a little bit by the fact that the fences are on the property line and by the fact that whether Mr. Yopp, out of benevolence or out of being forced to by the Planning Board, will put in a 50-foot buffer. He thinks that is something in Mr. Yopp’s column. He is not thrilled with this project and really cannot really think of many projects in his time on this Board that are perfect. However, this Board is sending inconsistent messages to the Planning Board and the County staff who spend an awful lot of time on our Comprehensive Plan if it does not recognize what it is that was trying to be accomplished in the Comprehensive Plan. Maximizing density where it makes sense, trying to do so at a time that mitigates impacts to infrastructure that is sometimes behind, not always, and he guesses that is a long way of saying this is a close call for him. At times during this presentation he was for it, at times he was against it, and then would be for it again. At this point, he will make a motion for approval. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board on the request. Motion: Commissioner White MOVED, SECONDED by Vice-Chair Kusek to approve the proposed rezoning to a (CZD) R-5 district. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because it provides for a range of housing types, and it will transition densities from the portions of the property adjacent to Urban Mixed Use areas where moderate to high density multi-family and higher intensity commercial is desired to those abutting existing lower density residential neighborhoods. The Board also finds approval of the rezoning request is reasonable and in the public interest because the overall density of the project is in line with recommendations for a General Residential area in close proximity to an Urban Mixed Use growth node and with the following staff suggested conditions: 1.The egress drive to Carolina Beach Road will be installed in an access easement through the adjacent B-2 zoned tract. 2.The maximum number of units within the proposed conditional zoning district will be capped at 499. 3.A 50-foot wide vegetated buffer shall be maintained on the three eastern sides of the Tregembo Zoo property. The existing vegetation shall remain within this buffer with the exception of clearing required for any essential site improvements, which include the driveway to Carolina Beach Road. Commissioner Zapple stated again his comments go to the point about the Comprehensive Plan and addressing the issue of adding density into an area that does not have, in this case, the transportation infrastructure to support it. Adding this number of vehicles onto Carolina Beach Road that will come as a result of this, and it is has an LOS of F. There are too many cars running there and we are about to put in another 499 new units there without having a proper way for them to get in or out. Also troubling in this, is the sense of piecemealing the approval of these projects. Nowhere has there been a discussion of how much has been approved as we march right down the whole southern part of Monkey Junction. Add the aggregate of all of these new developments going in there, that is why we have such an enormous number of cars that are using Carolina Beach Road. That's the main thoroughfare as it is the only way to get north and south, yet we continue to add more and more there. He cannot support this request the way it is now. He understands the density and is supportive of the Planning Board and Planning staff when they say we need more density. He agrees with that, but not in areas that are already overburdened and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, JUNE 1, 2020 PAGE 563 without the proper infrastructure in place to make it happen. Those areas that have not been built out and have the adequate infrastructure, absolutely, we need the density that we now have by adding R-5, R-7, and R-10. Good work was done on the project, but it is too many more units onto a suffering and impaired highway system, which in this case is Carolina Beach Road. Chair Olson-Boseman stated that she agrees with Commissioner Zapple. Hearing no further discussion, Chair Olson-Boseman asked for a vote on the motion on the floor. Upon vote, the MOTION FAILED 3 TO 2. Chair Olson-Boseman, Commissioner Barfield, and Commissioner Zapple dissenting. A copy of the written public comments submitted by 12:00 p.m. on Friday, May 29, 2020 are hereby incorporated as part of the minutes and are contained in Exhibit Book XLII, Page 11.7. PUBLIC COMMENT ON NON-AGENDA ITEMS Chair Olson-Boseman reported that no public comments were received. ADDITIONAL AGENDA ITEMS OF BUSINESS Chair Olson-Boseman stated she would like to take a moment to acknowledge the recent passing of Dorothy "Dot" DeShields. As most know, Ms. DeShields was born and raised here in Wilmington, received her Masters of Education from UNCW, was a teacher and principal in Pender County, and a principal at Gregory School in New Hanover County. She was passionate about teaching and was committed to serving the children of this community throughout her career in the school system. Her leadership, as well as her vision to continue improving education in this community, was also seen in her work with staff to develop and successfully open this County's first magnet school, the Gregory School of Science, Mathematics, and Technology, which is now known as the International School at Gregory. During her retirement, Ms. DeShields continued serving this community and its children by serving as a member of the New Hanover County Board of Education from 2004-2012. She was a loving wife, mother, grandmother, ardent supporter of education for all, and a servant leader. She will be truly missed by this community and our hearts and prayers are with her family and friends during this time. Chair Olson-Boseman stated when she was in the NC Senate and Ms. DeShields was a school board member, Ms. DeShields contacted her and was not only concerned with the education of our youth, but was also concerned about their safety. Ms. DeShields asked her to pass a law to extend the safe zone around schools where drugs are not allowed from 300 feet to 1,000 feet to capture some more areas in New Hanover County. With that encouragement, a law was passed and it is now a Class E felony to have drugs within 1,000 feet of a school. She will always appreciate Ms. DeShields’ for her encouragement and support. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 8:19 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.