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2020-10-05 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 681 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on Monday, October 5, 2020, at 4:00 p.m. in the Assembly Room of the New Hanover County Courthouse, 24 North Third Street, Wilmington, North Carolina. Members present: Chair Julia Olson-Boseman; Vice-Chair Patricia Kusek; Commissioner Jonathan Barfield, Jr.; Commissioner Woody White; and Commissioner Rob Zapple. Staff present: County Manager Chris Coudriet; County Attorney Wanda M. Copley; and Clerk to the Board Kymberleigh G. Crowell. INVOCATION AND PLEDGE OF ALLEGIANCE Reverend Carol Jones, St. John’s AME Church, provided the invocation and Commissioner Woody White led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Olson-Boseman announced that Commissioner White requested Consent Agenda Item #3: Adoption of Indigenous Peoples’ Day Proclamation and Commissioner Zapple requested Consent Agenda Item #9: Adoption of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statutes - Chapter 160A, Article 12 be removed from the Consent Agenda for further discussion and consideration. She then requested a motion to approve the remaining items on the Consent Agenda as presented. Motion: Vice-Chair Kusek MOVED, SECONDED by Commissioner Zapple, 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 September 21, 2020. Acknowledgement of New Hanover County State of Emergency and Termination of the State of Emergency in the County of New Hanover Proclamations for Hurricane Isaias - Governing Body The Commissioners acknowledged the State of Emergency Proclamation dated August 3, 2020 and the termination of the State of Emergency Proclamation dated October 5, 2020 for Hurricane Isaias. On August 3, 2020 at 11:00 a.m. due to the approaching Hurricane Isaias, Chair Olson-Boseman signed into effect the New Hanover County State of Emergency Proclamation to be effective at 12:00 p.m. on August 3, 2020. Staff asked for the Board’s acknowledgement of the state of emergency and termination of the same at this time because there are no ongoing emergency protective measures to include completion of debris removal. On October 5, 2020 at 4:00 p.m., having determined that a state of emergency no longer exists, the Chair signed into effect the proclamation terminating the New Hanover County State of Emergency in connection with Hurricane Isaias. Copies of the proclamations are hereby incorporated as part of the minutes and are contained in Exhibit Book XLII, Page 20.1. Adoption of National Cybersecurity Awareness Month Proclamation – IT Department The Commissioners adopted a proclamation recognizing October 2020 as National Cybersecurity Awareness 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 20.3. Adoption of National Breast Cancer Awareness Month Proclamation – Health and Human Services The Commissioners adopted a proclamation recognizing October 2020 as National Breast Cancer Awareness 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 20.4. Adoption of National Substance Abuse Awareness Month Proclamation – Health and Human Services The Commissioners adopted a proclamation recognizing October 2020 as National Substance Abuse Awareness 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 20.5. Adoption of National 4-H Week Proclamation – Cooperative Extension Service The Commissioners adopted a proclamation recognizing October 4-10, 2020 as National 4-H Week 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 20.6. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 682 Approval of Eight Donations for Accession into the Museum’s Permanent Collection - Museum The Commissioners approved a list of eight items to be accessioned into the Cape Fear Museum’s permanent collection. The objects were approved by the Museum Advisory Board at the meeting on September 16, 2020 and a list of the items is available for review at the Cape Fear Museum. Approval of August 2020 Tax Collection Report – Tax Department The Commissioners accepted the Tax Collection Reports of New Hanover County, New Hanover County Debt Service, and New Hanover County Fire District as of August 2020. Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XLII, Page 20.8. Approval of the 2021 Schedule of Values – Tax Department The Commissioners approved the 2021 Schedule of Values. A presentation and public hearing on the proposed 2021 Schedule of Values was held during the September 21, 2020 meeting. The Schedule of Values is a standardized system and method of handling both data and the application of the three basic approaches to value to achieve equalization and uniformity in the valuation process. This will accomplish the County's goal of determining just and equitable values. The 2021 Schedule of Values is available for review in the New Hanover County Tax Office. Discussion and Adoption of Indigenous Peoples’ Day Proclamation – County Manager At the request of Commissioner White to speak on the request, Velva Jenkins, YWCA of the Lower Cape Fear Chief Executive Officer, stated that she and the YWCA of the Lower Cape Fear Board of Directors member Ashley Lomboy were present to speak on behalf of the Native Americans in this region and the Lower Cape Fear Indigenous People, and are requesting that the Board adopt the proclamation. Ms. Lomboy stated that she does not speak on behalf of Waccamaw Siouan Tribe or her employer, but is representing the YWCA Lower Cape Fear to acknowledge that the land we are standing on today, which once thrived with life from the Indigenous People known today as the Cape Fear and the Waccamaw Tribes, lived in established settlements along the Cape Fear and Waccamaw Rivers. It is the homeland of the Cape Fear Indians, a tribe that at first contact in 1663, numbered into the thousands and now almost 12 generations later, are significantly reduced in size. Fighting for survival, they have endured forced removal from their homelands, being sold into slavery, and today work to revitalize a 1,000-year-old culture. They are not relics of the past, they are still here continuing to demonstrate their talents and gifts amongst the backdrop of ongoing colonialism and oppression, and they are worth celebrating. For 115 years, the U.S. has celebrated Columbus Day to commemorate the landing of Christopher Columbus in the Americas and it is a day that marked the beginning of a genocide of thousands of indigenous peoples. This year, there will be a celebration of the descendants of those Indigenous People who survived and are vibrantly living in the area. Ms. Lomboy thanked the Board for seeing it has a positive role to play in human rights and equal rights for all Americans including Indigenous People. Commissioner White asked Ms. Jenkins if it was her position that Columbus Day should be replaced with Indigenous Peoples’ Day and if there was any effort legislatively to get that replaced as this is not a county issue. Ms. Jenkins responded that as CEO of the YWCA, that is not their intent at the moment. The request is that Indigenous Peoples be recognized and have a day for them. Governor Cooper has acknowledged Indigenous People's Day for the past few years and the YWCA wanted to follow suit. Commissioner White stated that the District of Columbia has done that as well as other large cities across the country, and many other towns have opted not to do that as it tends to replace the normal legislative process with a federal holiday, via a resolution from local entities and he does not support doing that. He recognizes the struggles all people have gone through and knows the historic courthouse sits at the very foot of the first known source of fresh water. People that were here several hundreds of years ago gathered to make very important decisions, many of which may have been as important as the one that will be made in a few minutes, and that is a story we need to learn more about. He does not support substituting that story for a federal holiday, and that is why he wanted it pulled to give Ms. Jenkins and Ms. Lomboy the opportunity to share their comments, which they would not have otherwise, but also to note his opposition to the resolution. Ms. Lomboy thanked Commissioner White and stated that she respected his decision. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. MOTION: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to approve Consent Agenda Item #3: Adoption of Indigenous Peoples’ Day Proclamation as presented. Upon vote, the MOTION PASSED 4 TO 1. Commissioner White dissenting. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 20.2. Discussion and Adoption of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statutes - Chapter 160A, Article 12 – Finance Commissioner Zapple stated he asked for this item to be pulled to make the community non-profits aware that surplus items will be made available for viewing to them between October 8 and 15, 2020 prior to being made available to the general public. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner White to approve Consent Agenda Item #9: Adoption of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statutes - Chapter 160A, Article 12 as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 683 A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 20.7. REGULAR ITEMS OF BUSINESS ADOPTION OF A RESOLUTION APPROVING THE ASSET PURCHASE AGREEMENT AND TRANSACTIONS DESCRIBED THEREIN AMONG NEW HANOVER COUNTY, NEW HANOVER REGIONAL MEDICAL CENTER (NHRMC), NOVANT HEALTH, INC. AND NOVANT HEALTH NEW HANOVER REGIONAL MEDICAL CENTER, LLC County Manager Coudriet stated that NHRMC President and CEO John Gizdic, himself, and others would present information on the request and answer Board questions. Commissioner Zapple stated he would like to make a motion to separate the vote for the asset purchase agreement from the community foundation bylaws. MOTION: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to separate the vote for the asset purchase agreement from the community foundation bylaws. Chair Olson-Boseman asked for a vote on the motion on the floor. Commissioner Zapple stated that he believes there is time for discussion for the motion on the floor. Commissioner White stated he would call the question. Chair Olson-Boseman stated that Commissioner White had called the question and there would be no discussion. She then called for a vote on the motion on the floor. Upon vote, the MOTION FAILED 2 TO 3. Chair Olson-Boseman, Vice-Chair Kusek, and Commissioner White dissenting. Chair Olson-Boseman asked the speakers to step forward to make their presentations. Barb Biehner, NHRMC Board of Trustees member and Co-Chair of the Partnership Advisory Group (PAG), stated that a year ago, she would not have thought about standing in front of the Board today, but she did think about what this could mean to the health of the community and imagined what the investments could mean to our future. She then reviewed the following information:  Partnership Advisory Group Recommendation:  Process Overview: Dates back to 2017 with the development of NHRMC’s current strategic plan  The PAG accomplished a comprehensive set of milestones in the partnership exploration process, meeting all PAG Charter deliverables: Ms. Biehner stated the NHRMC Board of Trustees has met monthly during the whole process, in between regular meetings, to receive updates and were well informed, and last week it had a 16 TO 1 vote approving the recommendation of the PAG. The PAG members also welcomed the opportunity to spend the last several months having community meetings and forums, and getting in front of groups of people as well as individual meetings on this matter. She then turned the presentation over to PAG Co-Chair Spence Broadhurst to review the sentiment survey that was brought to the PAG. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 684 Mr. Broadhurst stated that it is an honor to be in front of the Board today and sharing the podium with Ms. Biehner. He recognized PAG Vice Co-Chairs, Bill Cameron and Dr. Joe Pino, as well as the NHRMC Board of Trustees Chair and PAG member Jason Thompson and one of the lead PAG members Hannah Gage. Like some of the Board members, many of the PAG members started the process with a lot of questions, skepticisms, and caution. However, the PAG did exactly as the Board asked it to do and that was to put in the due diligence, the time, the hours, to educate themselves, and come to the Board with a recommendation, which they all have been a part of and put hours into. With the PAG’s unanimous recommendation of the Letter of Intent (LOI), it went a step further from what the Board asked them to do in the PAG Charter. The members felt it was important to reach out to the community, with the encouragement of Commissioner Barfield, to let the community know what they knew. The members spent a year gathering information and spent the last couple of months engaging in safe forms of communication to have town halls via Zoom, one-on-one conversations from a safe distance, telephone calls, e- mails, etc. Again, the members felt it was important and did just that. He then reviewed the following information:  Overwhelmingly Favorable Sentiment: Mr. Broadhurst concluded his portion of the presentation stating he is honored to have the opportunity to formally recommend to the Board a unanimous recommendation from the PAG to move forward with the asset purchase agreement (APA) as presented and reviewed the following information:  Partnership Advisory Group Recommendation:  Approve the Asset Purchase Agreement for New Hanover County to sell NHRMC to Novant Health, which will also create an expanded relationship with UNC Health and UNC School of Medicine  This vote has the power to secure healthcare for every person in New Hanover County and transform our community NHRMC President and CEO John Gizdic stated that over 50 years ago, the Board’s predecessors established NHRMC to create an integrated hospital for the community and to meet the growing health needs of the region. More than five decades later, the needs of the community and NHRMC have changed dramatically, yet NHRMC’s structure has never been modernized to address those growing needs. What got NHRMC through the last 50 years will not be enough to get it through the next 50 years. By engaging in ongoing conversations over the past several years, the Board has recognized these challenges and has dared to ask what is possible for the community and what is possible for NHRMC. That insight led to the courageous decision to explore options for securing a healthier future, not only for the community, but for NHRMC. Over the past year and a half, the Board has trusted the process of allowing the PAG and the NHRMC Board of Trustees to take the time necessary to make the best decision and evaluate the right path forward. That process, one that experts have called the most thorough and most transparent process they have ever seen, has resulted in both the PAG and the NHRMC Board of Trustees recommending the transformative proposal from Novant Health. The proposal offers unparalleled commitment to the community and in addition, it offers the resources needed by the NHRMC team to meet the growing needs of the region, and truly achieves its mission of “leading our community to outstanding health.” He further stated that 50 years ago, the Board’s predecessors took a bold step in creating the organization. Today, this Board’s bold decision creates a profound legacy for this community that will truly elevate the health of the region for generations to come. He thanked the Board for its visionary and courageous leadership and reviewed the following information:  Historical Context of Today’s Vote:  Today’s Decision: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 685 County Manager Coudriet continued the presentation providing a brief outline for the Board of four items that are being asked for by a number of people, the PAG, NHRMC, and certainly the County Administration. The first being the approval of the APA, which has been in the public square since September 18, 2020 and the Board held a public hearing on it a week ago. The outstanding work that has been done along the way, 24 hours a day, seven days th a week, since July 13, on the APA is in keeping with the elements the Board approved in the LOI in mid-July:  Asset Purchase Agreement (APA):  Since the Letter of Intent was signed in July, substantial due diligence has been conducted and commitments have been further detailed in the Asset Purchase Agreement.  Accomplishes all outlined goals and objectives of the Partnership Advisory Group, NHRMC, and County.  Outlines the hospital’s Local Board as 17 trustees with majority being community members; two of which will serve on the Novant Health Board.  Capital Contributions remain as outlined in the Letter of Intent. The second item, which the Board also took comment on at its public hearing a week ago, is termination of the lease agreement at the point of closing:  Lease Termination:  If Asset Purchase Agreement is approved, the current lease agreement between New Hanover County and NHRMC would terminate at closing, because properties and facilities being leased would be sold by the County - making the lease no longer relevant. By approving the resolution, the Board would be terminating the lease at the point of closure. The PAG set out to answer and solve the problems that better us as it relates to healthcare. It was not to set out to create a community foundation, revenue stabilization fund, or any number of policy opportunities that are now there when the process started in July 2019. It was never about maximizing cash. The consequence of proceeding does create an opportunity to do things for the community. County Manager Coudriet then reviewed the third item regarding the use of net proceeds as follows:  Use of Net Proceeds:  The use of proceeds from the sale of NHRMC to New Hanover County is the discretion of New Hanover County Commissioners and is not being dictated by Novant Health: He further explained the $200 million stabilization fund is for the transition of persons that are employed with NHRMC, the $100 million is for trailing liabilities which are the costs of winding down the current organization, and a host of other administrative functions for a total of $300 million to do the work, but also to continue to achieve good for folks that are transitioning from the current organization to a new organization. The second is a $300 million revenue stabilization fund for this Board to use in circumstances that cannot be predicted or imagined, like Hurricane Florence and COVID-19. If and when there is an opportunity to consider pay as you go, for capital projects and the like, it creates an opportunity for the Board to draw down the interest earnings on it to make this community better and stronger. The third is a community endowment estimated at $1.25 billion to do important work that this community needs, what it wants, and what it expects. These are the opportunities that are before the Board, this is how the NHRMC Board of Trustees, County staff, and in consultation with each of the Commissioners along the way, have come to propose that the Board use the proceeds and was also part of the public hearing a week ago. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 686 County Manager Coudriet then reviewed the fourth item before the Board concerning the New Hanover Community Endowment as follows:  New Hanover Community Endowment:  Estimated $1.25 billion from transaction following initial allocations that will directly benefit the community  Overseen by an 11-member board (five members appointed by Commissioners as outlined in the Board’s resolution and six appointed by the community members on the new local hospital board)  Apolitical nonprofit that is outside investment limitations of NCGS 159-30  Biannual public meetings The community endowment is in keeping with what the Board directed, which is to ensure that political influence is minimized, which would suggest that a minority of appointments are offered by the Board of Commissioners. In fact, it is the hospital and the work that the organization has done for 53 years that has put the County in an opportunity to do this. It seems smart and reasonable that it would be recommended to the Board by staff that the local successor hospital board that is familiar with the needs in this community, would also have appointees to that foundation. It is also staff’s opinion that as it is structured, the bylaws that are before the Board, the endowment would not be subject to NCGS 159-30. However, that should not be read to mean that the endowment is not going to be before the public with frequency. The bylaws as structured require no less than two meetings of the endowment board to report out on the activities of what the endowment has done so that the community has the benefit and it also requires no less than two public hearings for the staff, the president/CEO of the endowment, to take public comment on the work of the endowment and what the priorities should be. There will be an opportunity for public engagement and public viewing of the work. County Manager Coudriet concluded his portion of the presentation stating that there are a number of professionals present to answer any and all questions of the Board and the request he is making as the County Manager, in partnership with a number of people is for the Board to approve:  Proposed Board of Commissioners Action:  Vote to adopt the resolution that approves the following:  Asset Purchase Agreement  Lease Termination  Use of Net Proceeds  Bylaws governing the New Hanover Community Endowment Chair Olson-Boseman expressed appreciation for the presentation and stated she thinks all agree that NHRMC has excelled over the past 53 years. They have brought new services to the region, been a leader in the healthcare industry, and are the largest employer in the County. She is proud of this County-owned hospital. But with that pride also comes a sense of great responsibility to help ensure that our hospital can continue its great work and can serve our community well into the future. That is what today’s vote is about. It is about securing quality healthcare that every single person needs and deserves, now and for the future. It is about changing our community for the better. She truly appreciates the work of the PAG who have brought forward facts, data, and an important community perspective. The PAG has been more dedicated than any advisory group she has ever seen in their level of care, thorough research, and recommendations. She appreciates the work the PAG did to bring the Board a unanimous decision to join Novant Health and UNC Health back in July and another unanimous decision to approve the APA, knowing it will help propel this County-owned hospital into so much more. The Trustees reached the same recommendation last week as well. And she agrees. The hospital’s current resources are strapped. Their specialty services need to be grown and developed so patients and families can receive the care they deserve right here without having to travel for it. As a County-owned hospital, its ability to borrow and expand is extremely limited, and it stands alone on an island governed by politicians. Those are facts that none of the Commissioners sitting here can deny. By joining our hospital with Novant, we are securing healthcare for generations to come. We are promising a better quality of life, more access to care, greater innovation and technology, enhanced academic experiences, and less health disparities. We are guaranteeing safe, high-quality, cost-effective care for every person. And when you look at the proceeds and the amount that is going to be invested directly into this community, it is truly amazing. The New Hanover Community Endowment will change lives. The way it is being structured keeps politics out of it and will allow for the best investments to ensure this community can benefit from millions of dollars more each year. This endowment will help our most vulnerable and underserved bring resources and support to local organizations, and truly assist our residents – and our community will be better for it. So those are the opportunities that lie ahead of us today. The documents the Board is considering and voting on have been well vetted. They are thorough and they clearly accomplish this Board’s policy goals and its priority to do what is best for the public. Today she will be voting yes and looks forward to the immense opportunities that this agreement and endowment will bring to this community, to healthcare, and to the people the Commissioners have been elected to serve. She then recognized Vice-Chair Kusek. Vice-Chair Kusek stated she would make a motion to approve the resolution as presented for the purposes of executing the asset purchase agreement, cancelling the existing lease with New Hanover Regional Medical Center, and establishing the New Hanover Community Endowment. Commissioner Barfield seconded the motion. Motion: Vice-Chair Kusek MOVED, SECONDED by Commissioner Barfield, to approve the resolution as presented for the purpose of executing the asset purchase agreement, canceling the existing lease with New Hanover Regional Medical Center, and establishing the New Hanover Community Endowment. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 687 Chair Olson-Boseman opened the floor to Board discussion. Commissioner Barfield stated that it is amazing what has happened in the last year. When this conversation first came up, he was truly one in opposition to the process and maybe it is about change and recognizing we had something great here. But then he reflected upon many moons ago when Jason Thompson was on this Board and there was an opportunity to do a management agreement with CHS, and it was also figured that the hospital might be sold by that Board of Commissioners and the Board opted not to go down that road that would have put the hospital in a much better position financially. But here we are today. He has preached from a business book, What Got You Here, Won't Get You There. It talks about business development and the fact that what got you to point A, won't get you to point B unless you do other things and think outside of the box to get there. That is what came to his mind today. His goal is always just to make sure that he is making a truly informed decision on what he thinks is best for this community, no matter what the topic is. Later in the agenda, there is a planning item where this Board sits as a quasi-judicial board. In that setting, it requires the Board to come in with minds not made up, but to listen to the evidence that is presented at that time and the facts that are presented in making an informed decision based on that, sitting as the judge and jury. So it is his goal to do that. With the last vote, he voted to continue the process to keep his mind open to what this thing really is, but also making sure that the community was engaged in the process. He witnessed quite a few Zoom meetings and others that have been totally engaged throughout this process to at least have access to the information, whether you agree or not agree, the information was there and people had the opportunity to indeed be engaged, and for that he is definitely pleased. Going back to the idea of what you got here won't get you there, recognizing that the landscape is changing and knowing there is a great need in Pender County, Columbus County, and in Brunswick County, and how do we serve all of that as we continue to grow as a region without having the financial ability to borrow money to do just that? Even this Board of Commissioners has a debt policy that it cannot exceed based on the income that comes in and although we may need new things, if we do not have the resources, we just cannot get them. Same thing within a household. He is excited about the opportunity to provide better care and quality care. When you see what happened in Charlotte with Michael Jordan partnering with Novant and coming up with mobile clinics that can reach out far into different communities and giving access to those who may not be able to get from point A to point B, he thinks those would be tremendous opportunities for the people that he has talked with in this community over the past several months. He thanked the PAG for the many hours that the members dedicated to this process. The Commissioners put in enough time up here already, but to see how often the PAG met, the time and the diligence and the fact that the members had to absorb so much, he really appreciates their efforts. To the many people that engaged in coming out to the community forums held at the Northeast Library, the ILA Hall, the Senior Resource Center and others, that came just to hear and better understand, he thanked them for being a part of this process. To him with the representative form of government, it is incumbent upon the citizens to be engaged, to come to meetings, ask questions, and to show up and then there is a vote at the end. Again, he is excited about this opportunity and looks forward to further comments and discussions. Vice-Chair Kusek stated it has been a long year. She thinks everybody in this room has had a few sleepless nights, a few stomach ulcers, and maybe a fractured friendship or two. Elected officials are supposed to make difficult decisions and County Commissioners are no different. More than a year ago, the Board was asked to make a difficult decision, just to ask a question, and research what the future of healthcare would be in our region, what the best path forward might be, and to examine if there might be a better way to do it to meet the future health challenges in this community. Sounds simple, right? You can call it poking the bear or stirring up a hornet’s nest or whatever you like, but it captured everyone's attention. Some of the people running right now for elected office are spreading misinformation. Think about that when you go to vote. It is long known that if there is a void of information, someone will always fill it. Unfortunately, a lot of the times during this year, it has been not filled with the truth. Some of us have been vilified in the community, falsely accused of hiding, holding secret meetings, being on the take, and being unethical. Some of the people that lead that charge are in this room today and as they say in the south, “If the shoe fits, wear it”. Personally, she has always been concerned how the proceeds from a transaction like this would be used. It is her business, it is in her DNA as a financial professional for over 20 years, and there is still a part of her that is always going to be concerned about how the principle gets protected, but that is for future County Commissioners to take care of. She has been accused of benefitting now and in the future from this transaction, both personally and financially, and she has this last chance to set the record straight. She is guilty. She is guilty of wanting the best path forward for healthcare for our region, today and in the future. She is guilty of insisting that we protect $1.2 billion for the transformation that it will provide for this community for generations to come. She is guilty for wanting better schools, better public safety, more greenspace, better programs and resources for our seniors, better infrastructure, and ensuring that our most vulnerable citizens are better off in ways we could never have imagined. She is guilty, all right. Yes, she will benefit financially from this transaction, just like everyone here, each and every person who lives here in this County now, or who is going to come here to live in the future through borrowing less money, paying for programs as we need them, paying less taxes, and having perhaps one of the top credit ratings of any county in the whole United States. Personally, she wants to thank all of the members of the hospital board, PAG, and the County staff that have worked countless hours to bring this decision before the Board today. All have been instrumental in researching, providing sound facts, and helping to provide information to the community and the Board is so proud of the work that has been done; it will always be in their debt. She is excited to know that in future years and for generations that the Commissioners will be able to look back with the confidence to know that it might have been a tough decision, but they made it anyway. Commissioner Zapple stated this has been a long and at times contentious year for New Hanover County. He commended the work of the PAG, the leadership and staff of our hospital, and the County. It has been difficult for many to accept the notion that selling the County's largest asset, an asset that has taken over a half a century to build to its current success, is a good idea or that now is the right time to do that and making this decision in the midst of a pandemic while the whole financial structure of healthcare in this country is up for debate has made the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 688 calculation even more difficult. But it is the judgment of the majority of the medical community, administrators, physicians, and staff that this is the right decision and the process driven by the PAG has determined that Novant Health is the best potential company to purchase NHRMC. He had the opportunity to have a discussion last week with Carl Armato, the CEO of Novant Health, as well as multiple conversations with members of the PAG and the local medical community, concerning their views of the sale of our hospital and what it will mean to the community. These were exactly the kinds of conversations that he had hoped the Board would have had in public work sessions with the PAG, with the hospital trustees, and amongst itself, but sadly, those kinds of thoughtful and civil discussions over the past year never took place. In his conversation with Mr. Armato, they were able to cover a lot of ground and he was able to get direct answers and commitments concerning issues that had been talked about or were left unresolved in the APA. He is now convinced that Mr. Armato and his organization, Novant Health, will bring many needed improvements in healthcare to this community and that the promises he made and his team have made will be fulfilled. He has Mr. Armato’s assurance that the partnership with UNC-Chapel Hill School of Medicine will happen in a near term time frame despite the absence of a schedule of implementation in the APA. He is confident that all current employees of NHRMC will be offered employment in the Novant Health program, despite the wording in the APA that allows Novant Health to create a separate category of non-offered employees. Having said that, he has serious questions and concerns about certain aspects of the sale. He has expressed those concerns in public forums, Board meetings, and conversations with County staff and fellow Commissioners. He believes that it is not only his right, but his obligation to raise questions about a decision of such enormous consequence. His concerns and criticisms are not personal and are without animosity to anyone who may have different opinions. His concerns are with the substantive aspects of the sale. If it were possible today for a motion to separate the approval of the APA from the other issues in the resolution, he would vote yes. He would support Novant's purchase of the hospital. He believes that the agreement is a good deal for the residents of New Hanover County. However, tied to the vote today is the structure of the community foundation that will be funded with $1.25 billion of taxpayer money. As the bylaws are currently written, he cannot accept putting control of that money into the hands of a private foundation. The decisions of the foundation's board of directors should be open to the public. The foundation that should have at a minimum quarterly, if not six, regularly scheduled meetings that are open to the public and the media for observation, so the public can build a sense of confidence that their money, all derived from the sale of the hospital, is being invested and disbursed in a manner that is transparent, accountable, and consistent with the goals that have been stated in the APA. The new bylaws were handed to him last Friday, three days before the Board was to vote on them. They contained significant changes from the previous revised version that was seen a week ago and the public has not had ten days to review these documents. Yet, the content of these bylaws establishes the most powerful foundation and board of directors in southeastern North Carolina. Like this entire process, the bylaws are being rushed and he is sure that the public is not fully aware that as written, they will result in a massive transfer of wealth from the public to a privately controlled foundation. A very simple way to achieve both open public meetings and a safe, but higher yield return on our investments is a strategy that could return earnings well above the minimum earnings talked about. Through legislative action known as expanded local authority, we can do what other counties in North Carolina, such as Forsyth, Pitt, and Durham counties, have already done by applying for and receiving approval for a more flexible strategy and investing public money. The same can be done right here in New Hanover County with the community foundation and these are the kind of constructive revisions that can make the bylaws and the articles of incorporation stronger while opening them up to the public. If the bylaws and articles of incorporation are passed in their current form, it will be up to the North Carolina Attorney General during his review of this transaction to take action prior to the closing of this deal for the sake of transparency and the public's view of how their money is being handled. We can only hope that the North Carolina Attorney General is listening and that he will move swiftly in his review of this transaction to protect the taxpayers of New Hanover County. It is for these specific reasons about the creation of the community foundation that he is voting no today to the entire resolution. Commissioner White stated he thinks if we all reflect on our lives, the lives we have led, the education we have all received, the families we have raised, the momentous decisions that we have all made in our private lives, no one can disagree that nothing worth doing is easy. It is always hard. It is hard on individuals when they are fearful, when they are vulnerable, and those emotions are preyed upon. It is hard on people to sit in public office, when they worry about votes and support and friendships. Nothing worth doing is easy. It is a fact of life. He finds this to be an interesting time in our history that the Board is voting on this. If we reflect on what our country is going through, what our world is going through, and he is not really referring to the pandemic rather, he is referring to the abject failure that legislative bodies and people, that otherwise have unity and purpose at all times, to agree on anything. Congress is dysfunctional, at times Raleigh is dysfunctional, nations are dysfunctional. But seemingly, this community, through this process, has found a way to distinguish itself. It has come together. It started with the hospital and the County having open conversations about challenges and opportunities. It went from there to forming a community group, which was not required, was not necessary and the statute does not require that, and the group grew from 9 or so to 21, men, women, private sector, public sector, rich, poor, Republican, Democrat, supportive, and opposed to the very question at hand and it arrived at a unanimous recommendation. Here today, we have two Republicans and two Democrats that are likely going to vote for this it seems. So, as history looks back on this in 50 years, when the John Gizdic of the future is standing here talking to the County about something, he hopes they will take note of that and that this community has a lot for which it should be proud. The behavioral and mental health fund, he is not sure the majority of the community has really comprehended with that means. Behavioral and mental health is persistently underfunded, consistently misunderstood, and denied. Any community in this world would kill to have this fund for what it is going to do to adolescents, to people struggling with addiction, to victims of domestic violence, and we are going to set the standard in this community for confronting those issues in people's lives and changing them. The revenue stabilization fund, that is a boring phrase, but if it is imagined properly, and if our County staff and future Commissioners implement it appropriately, it could result in nine, ten, or eleven years with this County being the only county out of 3,200 in the nation that is debt-free. He knows interest rates are historically low, it is fine to borrow money, but this year the County is paying $56 million in debt service. If NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 689 it had no debt, it would have $56 million more to solve the problems that we try to solve without funds. It is a goal to aspire to. The revenue stabilization fund is for future boards to use to achieve that and he hopes they will. As to the community endowment, he does not even know and cannot imagine the lives that it is going to change. The scholarships that will be created for our high school students that cannot afford to, but want to, go to college or community college. The minority and women-owned businesses that are going to have access to low interest loans to start a business and not have to go to the bank. The public safety measures that are going to be pursued to keep our streets safer. The schools, the innovative learning centers that are going to be built with cash, without debt, to address the growing competition from around the world. He could keep everyone here talking all night about what the community endowment is going to do. It is going to be led and populated by community leaders, no politicians, not people running for office or trying to get votes or trying to get support to get votes. Just men and women looking at the problems and solving them. We all have a lot to be proud of in our own lives. He is proud of a lot of things, but this, getting here tonight and voting for this, ranks up there high on the list because he knows what it is going to do to transform this community. For 26 years, he has served in this courthouse and the courthouse next door, right alongside Chair Olson-Boseman and many other men and women that are with people at their worst times in life and they try to change lives one person at a time. Oftentimes they do that, but he has never made a decision that will change so many lives all at once and he is glad that the Board is voting on this tonight and that this is happening. Chair Olson-Boseman asked Vice-Chair Kusek to verify if her motion included all four parts of the resolution: the APA, lease termination, use of net proceeds, and the endowment (articles and bylaws). Vice-Chair Kusek responded that it did. Hearing no further discussion, Chair Olson-Boseman called for a vote on the motion on the floor. Upon vote, the MOTION CARRIED 4 TO 1. Commissioner Zapple dissenting. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 20.9. BREAK: Chair Olson-Boseman called for a break at 4:55 p.m. until 5:13 p.m. PUBLIC HEARING AND APPROVAL OF REQUEST BY DESIGN SOLUTIONS ON BEHALF OF THE PROPERTY OWNER, DESIRABLE PROPERTIES, LLC, TO REZONE APPROXIMATELY 31.31 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF SIDBURY ROAD AND DAIRY FARM ROAD FROM R-15, RESIDENTIAL DISTRICT, TO (CZD) RMF-L, CONDITIONAL RESIDENTIAL MULTI-FAMILY LOW DENSITY, IN ORDER TO DEVELOP A MULTI-FAMILY PROJECT CONSISTING OF 288 UNITS (Z20-13) Chair Olson-Boseman opened the public hearing and requested staff to make the presentation. Senior Planner Brad Schuler presented the request by Design Solutions on behalf of the property owner, Desirable Properties, LLC, to rezone approximately 31.31 acres of land located at the Northwest Corner of Sidbury Road and Dairy Farm Road from R-15, Residential District, to (CZD) RMF-L, Conditional Residential Multi-Family Low Density, in order to develop a multi-family project consisting of 288 units. The property is located at the corner of Sidbury Road and Dairy Farm Road and it directly abuts Interstate 40 along its western boundary. Further west on Sidbury Road is the Cape Fear Community College north campus which is located west of the site and to the east is the SeaTech High School. The site is currently an undeveloped, wooded tract of land. There are some power lines that run through the middle of the property. This proposal would allow for 288 multi-family units to be constructed on the site. The proposed development will connect directly to Dairy Farm Road. The layout of the development positions the stormwater facilities near the northern and southern boundaries, which results in buildings being over 450 feet from any existing single-family home. Dairy Farm Road is a collector road that connects to both Sidbury Road and Holly Shelter Road. Under the County's performance residential standards, the site would be permitted up to 78 dwelling units at a density of 2.5 dwelling units per acre (du/ac) as currently zoned. The proposed 288 units equates to an overall density of 9.2 du/ac. It is estimated the site would generate about 60-80 trips during the peak hours if developed at the current permitted density. The proposed RMF-L development would increase the estimated number of peak hour trips by approximately 40 and generate about 100 trips in the AM peak and 120 trips in the PM peak. The applicant has completed a Traffic Impact Analysis (TIA) which has been approved by NCDOT and the WMPO. The TIA analyzed the development of 320 multi-family units on the subject property (which exceeds the 288 units proposed). The required improvements consist of installing and extending multiple turns lanes on Blue Clay Road and Sidbury Road, and realigning the Blue Clay Road/Sidbury Road intersection to allow for eastbound/westbound free flow movement. Since Blue Clay Road terminates at Interstate 40, there are a relatively low number of homes located north of the intersection. Because of this, the vast majority of trips going through the intersection are with heading to or coming from Sidbury Road. This improvement prioritizes the more traveled route to have the free flowing movement and will result in the removal of any delay for the trips utilizing Sidbury Road. The southbound movement does increase due to the added stop control, however, this delay will still be at an acceptable level of service and will impact fewer motorists. Lastly, at the intersection of Blue Clay Road and North College Road, the required improvements consist of the installation and extension of certain turn lanes as shown, and the signal timing will also be modified. These improvements are expected to reduce the overall delay at this intersection. As for active subdivisions, there are three in the area with about 1,100 homes still remaining to be constructed. Most of the future homes will be within the Sidbury Farms subdivision to the east, which is a large subdivision consisting of 750 homes on about 300 acres. It is expected that the subdivision will take several years to fully build out with an estimated completion date of 2034. Again, the proposed project site is zoned R-15. Generally, developments in this district consist of single-family subdivisions with lots ranging from 7,000-12,000 square feet. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 690 The proposed RMF-L district is generally intended for smaller scale multi-family projects with buildings ranging from two to three stories. In regard to compatibility with the area, the vast majority of the site directly abuts major roadways, undeveloped land, and nonresidential uses. Where the site is adjacent to existing single family housing, the proposed buildings will be over 450 feet away. Lastly, the 2016 Comprehensive Plan recommends that higher density housing be developed along the Sidbury Corridor. The 2016 Comprehensive Plan classifies the site as Community Mixed Use. The areas along Sidbury Road are designated as Community Mixed Use and the site is also adjacent to the Cape Fear Community College growth node. The proposal is generally consistent with the 2016 Comprehensive Plan because multi-family development is a typical land use within areas designated as Community Mixed Use, and because the proposed number of units is in line with the recommended densities for the area. In addition, it provides for diverse housing options and an orderly transition from a major road corridor to areas zoned for lower density housing. The Planning Board considered this application at its September 3, 2020 meeting and recommended approval of the application (7-0), finding it to be consistent with the purposes and intent of the Comprehensive Plan because multi-family development is a typical land use within areas designated as Community Mixed Use, and because the proposed number of units is in-line with the recommended densities for the area. In addition, multi-family housing is generally more appropriate along major road corridors like Interstate 40 than low density single-family housing. The Planning Board also found approval of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options. Chair Olson-Boseman thanked Mr. Schuler for the presentation and invited the petitioner to make remarks. Cindee Wolf with Design Solutions, representing the property owner, Desirable Properties, LLC, stated Sidbury Crossing is located in the central section of the northern part of the County, which at this point is relatively undeveloped. There will be easy access, east to Highway 17, west to all of the commercial services, and the nearby Northchase shopping centers, and then North Blue Clay Road to Holly Shelter Road interchange, which is a quick route to Interstate 40. Not only is the tract within the Comprehensive Plan vision for Community Mixed Use, but also immediately adjacent to that Urban Mixed Use growth node around the north campus of Cape Fear Community College. Her client has an excellent record of successful multifamily projects around North Carolina, two recent ones have been in Hampstead and Leland. This project proposes 288 units for a density of just over nine units an acre, rather than the usual 14 to 17 that is typical in three-story walkups. This allows the preservation of a lot more natural features and more usable open space. The project is considered more of a higher end rental housing. These types of projects have extensive amenities such as a clubhouse and pool, car wash, dog parks, top lots, and have rentable garages that are typical of this style of multifamily housing. The property is split by major power transmission lines, so stormwater management has been facilitated by two ponds and the engineers have done an early inspection of the existing site conditions and the surrounding area. There are no issues with significant trees and in looking at the visual inventory there is nothing really significant, perhaps some large pines but a proper tree survey will be done prior to the detail design and permitting. A preliminary drainage design was issued to make sure that the stormwater is feasible and the pond locations and sizes are right in where they need to be. She then reviewed exhibit elevations to show some of the projects her client has done and what this project is expected to look like. Again, it is a three- story building in a variety of whether 24 units, 12 units, or 18 units, but they will have the same types of materials and architectural styles that will be mimicked in the garages and the clubhouse. The southeast section of the site is traversed by a tributary of Prince George Creek, and there is nothing in that area, but it can be seen that because of some of the natural areas, the wetlands, the floodway, and the power lines traverse, it is a very wide open type of design. There are very minor wetlands crossings that are being made to have some road crossings. Overall, the impervious coverage is less than 30% which is, again, a nice ratio for preserving as much land as possible. As to traffic, there will be some offsite improvements at the three intersections and the NC Department of Transportation (NCDOT) has approved the TIA in those mitigating improvements. Overall, she and her client believe that the staff report and the recommendation for approval from the Planning Board show supporting justification that rezoning is consistent with the future vision for the County, and the plan is reasonable, and that the proposed improvements are in the public interest for positive economic development and increased tax base. In response to Board questions, Mr. Schuler stated as to the impact to the school capacity in the project area the elementary school is currently at 91%, the middle school would be 98%, and Laney High School is at 108%. Currently, the 78-units that are allowed by-right, under the present zoning would add about 19 children in the school system. This proposal would increase that to 69. In response to Board questions, Ms. Wolf stated the apartment units will be rented out at market rate. She thinks the market rate will actually vary just because it is a little further out of town than a lot of the multifamily types of facilities. As far as the education part of it, usually, these types of units do not have as many families. She thinks that if we are just using numbers, it could be 69 children in the way it translates out, but realistically, she does not think that will be the case because there probably will not be as many children or families in this type of project. The price point is market driven and the units will be more luxury-style. She estimates a one-bedroom would be in the $1,200 range and go up from there depending on whether a person rented a garage in addition to the apartment. There will be a variety of rates. The design was done by Paramount Engineering. Chair Olson-Boseman announced that no one signed up to speak in favor or in opposition to the request and closed the public hearing. Motion: Vice-Chair Kusek MOVED, SECONDED by Chair Olson-Boseman 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 multi-family development is a typical land use within areas designated as Community Mixed Use, and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 691 because the proposed number of units is in line with the recommended densities for the area. In addition, multi- family housing is generally more appropriate along major road corridors like Interstate 40 than low density single- family housing. The Board also finds approval of the rezoning request is reasonable and in the public interest because the proposal would benefit the community by providing diverse housing options. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 3 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972, is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section 8A, Page 41. PUBLIC HEARING AND APPROVAL OF REQUEST BY DESIGN SOLUTIONS ON BEHALF OF THE PROPERTY OWNER, REDLAND DEVELOPMENT INCORPORATED, TO REZONE APPROXIMATELY 7.15 ACRES OF LAND LOCATED AT 8814 MARKET STREET (HIGHWAY 17), NORTH OF FUTCH CREEK ROAD, FROM R-15, RESIDENTIAL DISTRICT, AND B-1, NEIGHBORHOOD BUSINESS, TO (CZD) RMF-L, CONDITIONAL RESIDENTIAL MULTI-FAMILY LOW DENSITY DISTRICT, AND (CZD) CB, CONDITIONAL COMMUNITY BUSINESS DISTRICT, IN ORDER TO CONSTRUCT A 60-UNIT TOWNHOME DEVELOPMENT AND AN 8,000 SQUARE FOOT RETAIL/OFFICE/PERSONAL SERVICE BUILDING (Z20-15) Chair Olson-Boseman opened the public hearing and requested staff to make the presentation. Current Planner Gideon Smith presented the request by Design Solutions on behalf of the property owner, Redland Development Incorporated, to rezone approximately 7.15 acres of land located at 8814 Market Street (Highway 17), North of Futch Creek Road, from R-15, Residential District, and B-1, Neighborhood Business, to (CZD) RMF-L, Conditional Residential Multi-Family Low Density District, and (CZD) CB, Conditional Community Business District, in order to construct a 60-unit townhome development and an 8,000 square foot retail/office/personal service building. In March, the property owner’s initial application included 96 apartments in three-story structures on the site. Based upon feedback provided at that meeting, the applicant ultimately withdrew the application in order to modify the plan. The applicant is now requesting 60 townhome units in two-story structures. It is located in Porters Neck, just north of the intersection of Highway (Hwy.) 17 and Futch Creek Road or Old Market Street. Commercial and institutional uses are adjacent to the site along Hwy. 17, Plantation Landing to the east, and a townhome development is to the south that is currently under construction. The site is undeveloped and wooded. The property is currently split zoned with about an acre zoned B-1 and the remaining six acres zoned R-15. The applicant is proposing to rezone the area closer along Hwy. 17 (roughly one acre) to Community Business for the commercial building and the area of roughly six acres of the subject site to Low Density Multi-Family for the townhomes. The site can be broken into two components, with component A being the commercial component adjacent to Hwy. 17 and component B being the residential component to the rear. The commercial portion of the proposal includes a two-story, 8,000 square foot commercial building that allows for retail, office, and personal service uses. As designed, it will connect to Hwy. 17 and will also share a driveway with the Benjamin Moore Paint store shopping center to the north. The residential portion consisting of 60 townhomes is to the east of the commercial component and is served by the same driveway. As proposed, that portion of the site has a little less than 50% impervious surface coverage, which is generally consistent with this scale of developments. Part of the discussion at last month’s Planning Board meeting included the proposed stormwater facility and the function of the existing open ditch on the property. The ditch currently conveys water from the north through the site. If approved, the ditch will be covered and piped to the same discharge point where it currently flows. However, County development regulations do require measures to ensure that the development does not further erode the existing channel off-site. County Engineer Jim Iannucci is present if there are any technical questions regarding County requirements. Mr. Smith reviewed the primary routes to access the site noting that turning movements from the site will be limited to right-in/right-out due to the superstreet design of Hwy. 17. It is the typical design of the major roadways seen throughout the County. If motorists wish to travel south, they are signalized north to southbound U-turns north of the site. Preliminary NCDOT comments indicate that the location of the proposed driveway is sufficient to meet NCDOT standards and that the applicant will need to extend the existing right turn lane to serve the site. As for traffic, the current zoning would allow a maximum of 15 dwelling units and could support about an 11,000 square foot shopping center or comparable commercial development based on a typical 25% building area. Because of the reduction of scale and number of commercial uses proposed, this request is estimated to decrease those projected trips by between 50 and 125 when compared to what could be developed on the property today. There are two ongoing NCDOT projects under construction in the area, one being the Military Cutoff extension and the other being the Market Street median project, both of which are expected to be completed by 2023. There have also been two TIAs completed in the vicinity. The Oaks at Murray Farms analyzed existing intersections in the area. That study found that the intersection of Hwy. 17 at Futch Creek Road and the U-turn just north are currently operating at acceptable levels of service and are anticipated to continue to do so when that development is expected to be completed in 2023. That TIA also showed that there is additional capacity for those intersections. Mr. Smith noted that a northbound to southbound U-turn will be installed at Hwy. 17 and Scotts Hill Loop Road as part of the Scotts Hill Medical Park TIA, which is about three-quarters of a mile north of the subject site. Regarding ongoing development in the area, there are five active subdivisions that are in various stages of construction. However, two of these developments have not yet started any site work. Mr. Smith reviewed slides of the site and examples of representative development in the area noting that generally, developments in this district consist of single-family homes on lots between 7,000 and 12,000 square feet and the houses can range from one to three stories. He then reviewed examples of similar townhome developments noting that one townhome NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 692 development is immediately south of the subject property and similar commercial developments just north of the site noting that typical uses include general retail, restaurants, and offices. Overall, the proposed development is compatible with the surrounding area because there are existing commercial and single-family developments along Hwy. 17. Even though there are existing single-family homes directly abutting the site to the east, the proposed two-story townhomes adjacent to these homes are rotated so the ends of the units face them to limit the visibility from windows and balconies into the existing neighborhood. In addition, these townhomes are also limited to the same maximum height as the existing single-family homes in the area. The 2016 Comprehensive Plan classifies the subject site as a Community Mixed Use place type. The proposed rezoning is consistent with the Comprehensive Plan because it has potential to provide services to the adjacent neighborhoods, the density is in-line with those suggested in this place type, and it provides a transition from a major highway to the lower density residential developments. It will also provide a diversity of housing types in the area. The Planning Board considered this application at its September 3, 2020 meeting and recommended approval (7-0) finding it to be consistent with the Comprehensive Plan and that their action was reasonable and in the public interest. Mr. Smith reiterated that the applicant has modified the site plan being presented to the Board is in response to discussions with the Planning Board and nearby neighbors. In response to Board questions, Mr. Smith confirmed that the ingress and egress is strictly on Hwy. 17, not Old Market Street, and that there would be an offshoot lane to get to the site. NCDOT suggested that it would require the applicant to extend the existing turn lane that currently serves the paint store to the north. The only connectivity would be the proposed connection to the paint store and the applicant is not proposing a connection to Old Market Street. From the site driveway to the U-turn to the north is about 400 feet and will be used by people leaving the site to travel back downtown. There was no TIA conducted, but staff did obtain a preliminary NCDOT comment and they said that the location of the site access is sufficiently away from the beginning of the deceleration lane to get into the U-turn, so they do not have any safety concerns with that. An aggregate was done between this project and The Oaks at Murray Farms as well as the Futch Creek senior facility to see how many cars would be added and it is very close at approximately 250 trips in the a.m. and 350 in the p.m. There is a TIA for The Oaks at Murray Farms and that considers the existing traffic, and it factors in and anticipates for existing growth or future growth in the area. The TIA showed that even with some annual growth rate, plus the growth or the anticipated traffic from The Oaks at Murray Farms, there would be sufficient capacity at the intersection of Hwy. 17 and Old Market Street. He reconfirmed that there will be additional traffic. However, based on this proposal it is only estimating 50 trips, which is lower than what could be developed on the site today. As to if there has been a proposal to install a concrete median to encourage people to go to the turnaround, a conversation was held with NCDOT and because of the site driveway at the beginning, they indicated that putting a cement barrier, even though it is for the better good, could be more hazardous in the long run. Chair Olson-Boseman thanked Mr. Smith for the presentation and invited the petitioner to make remarks. Cindee Wolf with Design Solutions, representing the property owner, Redland Development Incorporated, stated the site’s access is directly to Market Street, not to Old Market or Futch Creek and the frontage is the new commercial center, Benjamin Moore Paint, which was approved a couple of years ago and is in between the contractor's office. Along the Community Mixed Use land classification, it was recommended that up to three stories, up to 15 units an acre, is an acceptable type of land use along this strip of land. The first project was 96 units in three- story buildings. Certainly, the applicant was trying to maximize the efficiency of the development with consistency to the plan, but the project before the Board now has been reduced by more than a third to the 60 units translating into less than ten units an acre. The housing style is now attached single family and the building heights are limited to two story. The owner worked diligently to respond to the concerns that came out through that early process. She cannot explain how the zoning overlay occurred between the B-1 and R-15 districts, but the logic is certainly to maintain the commercial use along the highway frontage, and then, the remainder of the tract is more naturally adapted for residential use as a transition. Pinnacle is now a townhome community, all units are only two-stories, and the density is less than 10 units an acre. Homes will also be constructed and recorded for fee simple individual ownership. The homes are serviced by both public water and public sewer and sidewalks circulate throughout the site and all the way out to the front. One of the things commented on had to do with school buses, these are private roads, and in her experience school buses would not come into the inside. If there are children living in some of the units, they will have sidewalk systems to get all the way out to the main road where there would be some type of a bus stop, and the bus would already be beyond that U-turn around, so it would definitely go if it were making a U- turn to the next one up to the north. On this particular tract, the tree survey has already been completed and verified that there are no heritage type trees that were of concern. As detail design goes on, the applicant will maximize the trees that can be protected in the courtyards, the buffers, and in between the buildings. Stormwater management is by a pond and there was some confusion over an error in the previous plan that she thinks showed in excess of 60% impervious surfaces. This townhome community has about 48.8% of the impervious surfaces for the acreage that is developed, which is fairly normal for this type of development. The back- to-back layout of the two pods of buildings is intended to create community courtyards for social interaction and passive recreation. The other three buildings do not have another building behind them, but they similarly have open space. The area contiguous to the power lines is an excellent opportunity for some active recreation and/or community gathering opportunities. Bufferyards surround the entire project and will consist of maximizing existing vegetation that can be preserved and supplementing it, if necessary, to provide the visual opacity required for single family homes and other parcels that are zoned residential. She then reviewed the intended style for the architecture of Pinnacle. One of the former issues dealt with screening and separation of the multifamily and single family use. A planted buffer is required between attached housing projects, which is this project, and single family lots, which NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 693 exist in Sagewood. Existing natural vegetation must be preserved within a 20-foot buffer along the common property lines and it must be supplemented with additional landscaping to assure visual opacity. There is quite a bit of the vegetation along a public drainage easement and a cross-section has been prepared to show the distance features that will create the separation. There is also a setback of 50-feet and there is almost 140 feet from the closest home so buffering and screening is guaranteed by the distance and the vegetation. The other most discussed topic, as is often the case, was drainage. The site currently has the ditch as shown by Mr. Smith that allows for offsite flow to travel through the site. The normal handling of that situation is to reroute it by piping from the same points of entry and exit at the tract. Piping does increase the velocity of an outlet structure, but there are specific calculations and requirements in the detailed design and permitting process to mitigate any erosion. She reviewed information on similar drainage and conditions and how they are handled with wrap aprons at the outlet structures. The natural path for flow beyond the site is through a recorded public drainage and conservation easement at the back of the Sagewood lots and the assurances that the stormwater management, retention capacity, and erosion control are all dictated by state and county laws established for protection of property and safety of the public. A project cannot go on until the design criteria is met, and there is enforcement after the construction that the system will continue to be maintained and/or in proper working order. The project’s civil engineer, Charles Cazier, is available for technical questions. He has field reviewed the existing conditions, walked the localized drainage ways, and done the preliminary site work on the pond to meet all of the county and state regulations and requirements. There was some comment over pond sizing and downstream capacity, but based on predevelopment/post development design criteria, this project will not change existing conditions. What he did find is that there were some areas downstream in the existing drainage easement beyond this site, that had not been well maintained and would definitely benefit from some attention as debris does reduce storm volume and can be remedied by just cleaning them out. A little further downstream and parallel to the Brantwood Court, they are functioning much better and these are both areas within the Sagewood Property Owner's Association's easements. Infill with some increased density is the key to making good projects feasible and not cost prohibitive. Pinnacle is a moderate density townhome project and along a busy highway corridor. None of the traffic from this project will impact adjacent neighborhoods that are backed to Futch Creek Road or Old Market Street. The capacity for vehicular traffic is available and she thinks it is a factor of human nature that a driver who sees a lot of cars coming, can always take a right and go three-quarters of the mile down to the second entrance. If there aren't, and a driver can make it across, absolutely, as this project has the advantage of being at the beginning of the long taper to the U-turn that does provide for stacking. As required, the applicant has to meet all state and county permitting standards for preserving water quality, and for providing attenuation control to assure that the post development runoff is no greater than the predevelopment conditions, and controlling both velocity and erosion. The developer is invested in this project as much as anyone else could be, and the sale will go through, if this is approved. He has been working on this from day one and has history with past projects in this community. His interest in the property and the guidance came directly from the Comprehensive Land Use Plan. He understands having to be willing to enhance the project in exchange for added density and that is what has been presented through this process. She and her client fully concur with the staff recommendation that this proposal is consistent with the Comprehensive Plan, and Pinnacle Townhomes would be reasonable and in the public interest because it provides increased housing with infill development on an underutilized tract of land and growth should be accommodated by a variety of housing types. In response to Board questions, Ms. Wolf stated that part of the paint store’s approval was that it had to stub to the property line. She does not know if it is a written agreement, but under the conditions of the conditional zoning district, which she handled as well, they had to stub so they have to permit the cross-traffic/interconnectivity. It would not have been a project that recorded any type of a plat that she is aware of, so she does not know that there is a recorded easement, but again it is stubbed to the property line. As to the drainage, the ditch that is crossing the property now handles water from offsite that is from north of the site. The water is probably also coming from the paint store site, and it is a natural drainage way that works its way through. It is inefficient the way it dissects the site and will be re-piped. All of the water from this site has to go to its own pond, so the other is strictly a bypass and that water does not go through the pond. It is the water that goes there now and the amount of water is not being raised at all. However, the velocity of the water will be mitigated by rip-rap aprons and other features at the outlet. All of the site’s water and runoff from the surfaces has to go to the pond, the pond is sized to attenuate, and of course, we all know in greater storms, there is an emergency spill way and it goes to the normal pattern. Chair Olson-Boseman announced that no one signed up to speak in favor and one person signed up to speak opposition to the request. She invited the speaker to step forward to provide remarks. Elizabeth Bentley, resident of Tilbury Drive, spoke in opposition to the request stating that she and her husband and neighbors appreciate Redland Development for listening to all of the things that they were talking about from the beginning of this project, but they still have very dire large concerns about the drainage. It is felt the Planning Board did not give enough weight to the need to protect the fragile gulley system from stormwater runoff, erosion, that could occur from the Redland property. They asked the applicant about having a 100-year flood pond and did not do it lightly. The gulley system does work, but they have to take care of it. They know that other developers have offered to put in 100-year ponds, and that is the responsible thing to do when there are already problems downstream. It is not just a move to appease the neighbors when there is real need for extra protection. They also know that the current regulations for the 25-year flood pond is out of date and the County is in the process of updating these. The current pond can only take eight inches of water, and with multiple rain events, that is just not enough. If there is rain that occurs several days in a row, the pond is full, and then the water is going to go off into the gulley. There are actually homes that are very close to the edge of the gulley and when there are large rain events, sometimes some of the property is lost. There is water flowing all the time in the gulley, even in the drought. The sides of the gulley are very steep and fragile and when there is a rain event of just a couple of inches, the water transforms in the gulley from a babbling brook to a torrent. If there is rain for several days, it lasts for a while after and you can actually hear the loud flowing water from the gulley. There are calming features in the gulley to slow NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 694 down the flow of the water to accommodate drops in levels. They create small waterfalls that fall into small ponds. When there is a storm, the ponds can churn and impact the sides of the gulley and gouges in the gulley's sides from the water flow. There is also a ditch behind the drive that collects water, which is directed also into the gulley, which parallels the Redland project and the ditch could also receive extra runoff and contribute to the gulley. With the impact of the water on the sides of the gully, often trees are dislodged and these trees need to be cleared from the water flow. She and her husband have been in their home two years and have had to pay someone to climb in the water to clear things out for it to flow freely as it was not something they could do themselves. There is a network of gullies in Plantation Landing that all come together in the lower portions of Plantation Landing and all of that water is condensed and then it flows into wetlands, Futch Creek, the marshes, and the Intracoastal Waterway. During Hurricane Florence, the water flooded the roadways in lower Plantation Landing and got up to the garage doors. If there was any extra water introduced, the water would have entered all of those homes. Ms. Bentley concluded her comments stating that County staff and Mr. Iannucci have been very pleasant to work with. For this project to proceed, it is hoped that the concerns of her and her neighbors about the stormwater will be taken seriously. They are asking for a 100-year flood pond to solve the immediate problem and if they were stuck with the 25-year pond, that takes care of only eight inches of water, and hope that the updated pond regulation would be used instead to accommodate more water. With all of the new development in the County and with the stormwater problem that exists, there is a need to be good stewards of the land, and protect their neighbors from runoff, erosion, and flooding from new developments. They urge the Board to approve a stronger, more updated regulation. In response to Board questions, Mr. Smith stated the referenced 25-year pond is the proposed pond that would accommodate the pre and post development runoff associated with the project and would be on the new site’s property. As to why the applicant is not being asked to install a 100-year storm, Mr. Smith stated the applicant would have to agree to any condition that would be placed on the development that exceeds County regulations. The existing stormwater regulations have a minimum requirement of a 25-year pond and that would meet the code. Regarding how this works with the stormwater utility that is being developed and how the regulations will change in the future, County Engineer Jim Iannucci stated as part of the stormwater utility, the stormwater ordinance is being analyzed in order to update it, and in doing that, what is being looked at is not only what is being done in the maintenance and the different projects that will be performed, but the pre and post controls that are done on new development, which are being taken into consideration. In regard to the area being discussed, the offsite ditch that Ms. Wolf referred to is going to be piped. That would be offsite flow that would be maintained under the County's new stormwater services plan. The pond and the pre and post controls imposed upon this neighborhood will be the requirement of that homeowners’ association to maintain. As to what improvements will be made to the community that is already in place, Mr. Iannucci stated after meeting with Mr. and Mrs. Bentley after the Planning Board meeting, staff has petitioned the USDA to go in and remove some of the hurricane debris in Futch Creek. It would be an extension of the grant that was already approved for Futch Creek and it is under review right now. It would then fall under the maintenance program once it starts next July. In response to additional Board questions, Mr. Iannucci confirmed that eight inches of rain is for a 24-hour period for a 25-year pond. That is what the pre and post conditions are currently for runoff that has to be captured and drained down. A 100-year storm pond would cover a ten-inch rain event. The plans that the applicant would bring forward that would be analyzed for storm retention are designed at eight. To increase that, it is more about capacity and not always about digging further down. The difference of two inches of rain is a fair bit. When talking about inches, you have to visualize two inches of rain across the entire site standing at any given time. When the consultant reviews the ordinance updates, time will be taken to look at what the City of Wilmington is doing as well as other adjoining areas and consider some of the regulations those groups are using now. Chair Olson-Boseman stated that five minutes is allotted for each side for rebuttal comments. In applicant rebuttal, Ms. Wolf stated Mr. and Mrs. Bentley’s concerns are valid, but are not substantiated. There are pre and post requirements and the state and county regulations are what give those assurances that the project has to function as required and mitigate velocity and erosion control. As far as the storm event, if this were developed the way it is allowed in the R-15, the applicant would be similarly required to do the County’s regulations by a 25-year storm event. She and her client are asking for fairness as any other project in the situation that has the current regulations as of right now. If things are delayed and the regulations change, her client will be required to also meet those regulations. The 25-year storm is what the rules and regulations are and the density increase of this project is neither here nor there to the pond storm design. In an R-15 situation, the project could have as much impervious surface, it might be a different housing product or whatever. The goal is to make sure the discussion is apples to apples, but the request is for the Board to approve the project the way it has been designed and it will meet all the requirements that are current today. In response to Board questions, Ms. Wolf stated that the condition of a 100-year storm pond is not feasible because the pond area and design make a huge difference in both cost and what the land area used is. The cost and the amount of space available are what make it unfeasible. The project went from 96 apartments in three-story structures to the 60 townhomes in two-story structures and the parking decreased with the difference in the density. Everything that can be squeezed into the site has been. She and her client think this is a fair density that is being asked for and the community concerns of buffering, structure height, etc. have been addressed. As to the potential future rule to build to a 100-year storm, Ms. Wolf stated she would defer to Mr. Iannucci on that but the discussion is not necessarily about changing the requirements from a 25-year storm to a 100-year storm, there is a 50-year storm and her understanding from the conversation at the Planning Board is the criteria for the factor in the calculation is rain events. The intensity of rain events has changed from the past, so instead of the eight-inch figure NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 695 that could go up to two inches. But that does not necessarily mean that design would be done to a 100-year storm for all projects in the future. In opposition rebuttal, Ms. Bentley stated she does understand, as do her neighbors in Plantation Landing, that it would add extra cost to the project. They have a distinct problem and if the project goes forward and the pond is not large enough to accommodate extra rain events, then there will be issues downstream. It will then become her and her neighbors’ problem to resolve and that is not fair. The gullies are an antiquated way to handle stormwater, but that is what they have. Hearing no further discussion, Chairman Olson-Boseman closed the public hearing and asked for the Board’s direction on the request. In response to Board questions, Planning and Land Use Director Wayne Clark stated in this case the Board cannot impose a condition, but it can vote against it. For conditional zoning district requests an imposed condition has to be something the applicant agrees to. Chair Olson-Boseman asked for the Board’s direction on the request. Motion: Commissioner White MOVED, SECONDED by Chair Olson-Boseman to approve the proposed rezoning to a (CZD) RMF-L and (CZD) CB district as the Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the proposed CB portion of the project will provide for the types of retail and office uses recommended for Community Mixed Use areas, the residential densities proposed for the townhome portion of the project are in line with those suggested for that place type, and the project will provide an appropriate transition between a major highway corridor and existing lower density residential development. The Board also finds approval of the rezoning request is reasonable and in the public interest because the proposal has potential to provide services to the adjacent residential neighborhoods and could reduce the need to travel on Market Street, and would align with the Comprehensive Plan’s goal of providing more diversity of housing types. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 3 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 6, 19721 is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 5, Page 85. PUBLIC HEARING AND APPROVAL OF REQUEST BY THE LAW OFFICES OF MATTHEW A. NICHOLS ON BEHALF OF THE PROPERTY OWNER, PLANTATION VILLAGE INC., TO MODIFY THE SPECIAL USE PERMIT FOR THE PLANTATION VILLAGE CONTINUING CARE RETIREMENT COMMUNITY TO ALLOW FOR THE REDEVELOPMENT OF THE EASTERN PORTION OF THE COMMUNITY AND TO INCREASE THE MAXIMUM NUMBER OF UNITS TO 330 (S-603M) Chair Olson-Boseman opened the public hearing and announced that the special use process requires a quasi-judicial hearing and therefore, the Clerk to the Board must swear in any person wishing to testify. She requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. Marty Little Zane Bennett Wayne Clark Nick Herrick Brad Schuler Peter Epermanis Ken Vafier Phil Norris Gideon Smith Don Bennet Jordy Rawl Cal Morgan Matthew Nichols Chair Olson-Boseman further stated that a presentation will be heard from staff and then the applicant group and the opponents group will each be allowed fifteen minutes for presentations and an additional five minutes, if necessary, for rebuttal. She then asked Long Range Planner Marty Little to start the presentation. Long Range Planner Marty Little presented the request by the Law Offices of Matthew A. Nichols on behalf of the property owner, Plantation Village Inc., to modify the Special Use Permit (SUP) for the Plantation Village Continuing Care Retirement Community to allow for the redevelopment of the eastern portion of the community and to increase the maximum number of units to 330. The Board granted the original SUP in 1983, and renewed that permit in 2011 to bring the site into compliance with current Unified Development Ordinance (UDO) requirements. With this application, Plantation Village is seeking to modify that existing permit in order to renovate the eastern portion of their property and no change in the existing senior living use is proposed. Mr. Little reviewed a zoning map of the property and the surrounding area, which is predominately R-20. The site is located immediately east of the Davis Community senior living facility along Porters Neck Road, and abuts single-family homes to its north, and private golf courses to the east and south. He noted in the aerial view of the property that on the east half of the property are a combination of quadruplexes, multi-family structures, and the commons building is where most of the renovation is proposed. He then provided an overview of what the area would look like with the applicant’s concept plan overlaid on the aerial. Mr. Little then reviewed the applicant’s concept plan, with staff mark-ups, showing the location of new buildings, amenities, and infrastructure. The proposed modification increases the total number of units by 83, from 247 to 330 total units. Two new stormwater facilities will be designed to accommodate a 100-year storm event for NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 696 any net increase in impervious area generated by this redevelopment. The applicant is offering to preserve the existing tree line along the northern property line, with the exception of any vegetation located in the parking area of Building 4 to the north. In order to prevent the displacement of any residents, the development is proposed to occur over three phases. Primary access to the site is provided by Porters Neck Road, with a secondary access from Jeanelle Moore Boulevard. The boulevard also serves as a connection to the Davis Community, which provides nursing care and both accesses are gated. The renovation will result in approximately 20 to 30 additional peak hour trips. The applicant has provided a study of the three nearby intersections, none of which are expected to experience a change in level of service or more than a second of delay as a result of the development. There are two approved TIAs in the surrounding area, one for The Oaks at Murray Farms and one for the Waterstone subdivision. NCDOT projects in the area include the Military Cutoff Extension and the Market Street median project. Both are under construction and expected to be completed by 2023. There are four active subdivisions in the area. These are located to the west and north towards Market Street, and have approximately 800 more lots until they are fully built-out. Mr. Little then reviewed photos of the subject site, examples of typical development within the R-20 zoning district, and examples of other senior living communities. Regarding compatibility, Plantation Village has operated in the Porters Neck community since its original approval in the 1980s. It is located immediately beside the Davis Community, which is classified as the same use. Senior-living communities typically generate less traffic than non-age-restricted residential developments. The 2016 Comprehensive Plan classifies the Plantation Village property, along with the surrounding Porters Neck area, as the General Residential place type. Overall density remains in line with the preferred density range in the General Residential areas, up to eight units per acre. As there is no change in use, the development remains in line with the residential uses intended for the place type. Mr. Little stated as this is a SUP modification, the Board must come to the following four conclusions in order to issue the SUP: 1. The use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. 2. The use meets all required conditions and specifications of the Unified Development 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. The conclusions must be based on findings of fact, derived from competent, material, and substantial evidence presented at this hearing. Staff has provided preliminary findings of fact in the staff report, however, the Board has the discretion to modify or add to these findings based on the evidence presented this evening. The Planning Board considered the application at its September 3, 2020 meeting, and voted (7-0) to recommend approval of the modification, with the maximum number of units being 330, finding that the proposal met the four required conclusions, and with a condition to preserve the existing vegetation along the northern property line adjacent the proposed redevelopment. If approved, staff suggests the following conditions be applied:  Other than the parking area adjacent to Building 4, all regulated trees within 30 feet of the northern property boundary in the project expansion area will be preserved, except as otherwise provided for in UDO Section 5.3.8 (Removal of Hazardous Trees).  The proposed stormwater detention facilities serving the post-development runoff for any net increase in impervious surface area within this modification must be designed to accommodate a 100-year storm event. Chair Olson-Boseman thanked Mr. Little for the presentation and invited the applicant to make remarks. Matt Nichols with the Law Offices of Matthew A. Nichols, representing the property owner, Plantation Village Inc., stated the Board would hear from his client’s development team regarding the details and highlights of the proposal. Zane Bennett, Executive Director of Plantation Village, stated that Plantation Village is a 501(c)3 non-profit Continuing Care Retirement Community (CCRC), regulated by the state, North Carolina Department of Insurance, and it was incorporated in 1982. It subsequently received its SUP in 1983 and received the first residents in the village in 1988. Plantation Village was the first to pioneer this concept in southeastern North Carolina. It is a hospitality rich community, providing services and all things healthcare and hospitality related, including chef prepared meals, priority access to continuum of care should those services be needed, around the clock access to a licensed nurse and security officer, maintenance free lifestyle, state-of-the-art wellness center, personal trainer, and a financial hardship clause which means residents are not kicked out due to their inability to pay if they have out lived their assets. As to why they do what they do, Plantation Village’s vision is to be the community of choice for seniors in the Coastal Carolina and the mission is to be a welcoming village, for stimulating and secure life with superior services. The pillars of their culture are to enrich the lives of residents, become the employer of choice, and enhance the financial sustainability of Plantation Village. He then turned the presentation over to Nick Herrick, Senior Project Development Manager with LCS Development. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 697 Mr. Herrick reviewed the master plan that will be done in phases over a number of years. The phasing allows the current residents opportunities to purchase the new homes and move without displacing them. What is being looked at is the eastern portion of the community to replace some of the existing homes that were built in the 80s and early 90s. Phase one will consist of all new structures, the hobby and lobby shop will be relocated to the northeast corner, which again allows the moving of some of the residents to the new homes and also allows for further density onsite. There will be service parking and under building parking. The three buildings on the eastern portion of the community will have under building parking and the buildings on the northern portion will all have service parking with some covered parking as well. Phase two then starts the process of replacing the existing community, and the existing homes with five eight-plexes in a 30-unit building followed by a phase three that will then replace the ABC buildings on campus with a larger building, which will have under building parking as well as surface parking. It does comply with all of the standards of the CCRC standards within the zoning requirements as well. He then turned the presentation over to Peter Epermanis, AIA Principal with CJMW Architecture. Mr. Epermanis reviewed what the existing buildings on the campus look like today and how the new buildings will look once the project is complete. Before starting the design process, a lot of time was spent looking at context, studying southern architecture, coastal architecture, low country architecture, as well as doing an in- depth study of architecture here in Wilmington. He reviewed slides showing current senior living communities as well as single family dwellings in Wilmington. In the initial phase, there will be two building types, one will be an eight-unit apartment building with four apartments on each floor, two stories tall. There will then be three story buildings on the eastern edge of the site, lower level parking, and two stories of residential above. Finally, there will also be work in the community center, mainly dining, to expand and provide additional dining options for the residents. He then turned the presentation over to Phil Norris, P.E. with Norris & Tunstall Consulting Engineers, P.C. Mr. Norris stated when starting on this project, one of the things heard initially was about stormwater as there have been some issues in this area before. One of his charges was to make sure that whatever was designed was not going to create any issues, and hopefully would remedy some existing issues. There are two existing retention ponds on the property now and as was presented, what is being proposed is one new stormwater feature, and the other feature is more of an amenity area, which could be used for stormwater if need be. Based on his calculations, it is felt the one new pond will be adequate. Based on discussions his team has had, this will exceed the 100-year storm requirement, mainly because Plantation Village wants to make sure there are no problems with stormwater to protect their residents and also to protect the downstream residents in this area. He then turned the presentation over to Don Bennett, Senior Transportation Engineer with Davenport Engineers. Mr. Bennett stated the size of this development would not normally lend itself to a TIA. Typically, that is for anything that is going to generate an additional 100 trips in the post redevelopment, but his firm was retained to provide one. The traffic impact is actually evaluated at a peak of 114 units and that was 44 units to be constructed with phase one as well as 70 additional units with phase two. However, in phase two, some existing units have to be removed to construct the 70 units, so the TIA is overly conservative. The final impact of this seemed to be about a net increase of 83 units, so again, modelled at 114, the impacts are being overstated. Even overstating those impacts, none of the NCDOT requirements for improvements which are a 25% increase in the delay, a shift in the level of service, or an intersection operating at F occurred. In 20-plus years of doing traffic studies, either doing them or reviewing them, he does not know that he has ever seen where stop signs are operating at a level of service A or B in the final build year even when there is an overstating of the estimated project impacts. He then turned the presentation over to Cal Morgan, MAI, SRA, AI-GRS with JC Morgan Real Estate Valuation, Review, Consulting. Mr. Morgan stated that for the third criteria, the applicant engaged him to determine if the proposed project would substantially injure the value of adjoining or abutting properties. To determine an opinion for this item, he surveyed several market participants active in the local real estate market, performed a summary review of several comparable local situations, and performed more in-depth research on three comparable situations here in the Wilmington market. Based on those, he found no indication that the proposed project would have a negative impact on the values of the adjoining properties. Mr. Nichols concluded the presentation stating that the team does appreciate the Board’s time and he would emphasize that this is a modification to an existing SUP. This Board has historically supported this and the team thinks that Plantation Village is certainly an asset to not only the Porters Neck area, but to all of the County. They would respectfully contend that the request does meet the criteria for the modification of the SUP, and County staff has been outstanding to work with. Chair Olson-Boseman announced that no one signed up to speak in favor or in opposition to the request and closed the public hearing. Commissioner Zapple commended the applicant for providing connectivity to the Davis Community. Hearing no further discussion, Chairman Olson-Boseman asked for the Board’s direction on the request. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to approve as the Board finds that this application for a Special Use Permit modification meets the four required conclusions based on the finding of facts included in the staff report and with the following staff suggested conditions: 1. Other than the parking area adjacent to Building 4, all regulated trees within 30 feet of the northern property boundary in the project expansion area will be preserved, except as otherwise provided for in UDO Section 5.3.8 (Removal of Hazardous Trees). NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 34 REGULAR MEETING, OCTOBER 5, 2020 PAGE 698 2. The proposed stormwater detention facilities serving the post-development runoff for any net increase in impervious surface area within this modification must be designed to accommodate a 100-year storm event. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book IV, Page 83. PUBLIC COMMENT ON NON-AGENDA ITEMS Chair Olson-Boseman reported that no one signed up to speak on non-agenda items. ADDITIONAL AGENDA ITEMS OF BUSINESS There were no additional agenda items of business. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 6:37 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 online at www.nhcgov.com.