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HomeMy WebLinkAbout2021-03-01 Regular MeetingNEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 1, 2021 ASSEMBLY BOOK 35 PAGE 2 The New Hanover County Board of Commissioners met in Regular Session on Monday, March 1, 2021, 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 Deb Hays; Commissioner Jonathan Barfield, Jr.; Commissioner Bill Rivenbark; 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 Wes Hunter, Masonboro Baptist Church, provided the invocation and Chair Olson-Boseman led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Olson-Boseman requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Zapple MOVED, SECONDED by Vice -Chair Hays, to approve the 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 Agenda Review and Budget Work Session held on February 11, 2021, Regular Meeting held on February 15, 2021, and the Closed Session Meeting held on February 15, 2021. Approval to Accept a Grant from the North Carolina Governor's Crime Commission for Narcan, Detention SRT Vests, and Project Lifesaver Transmitters in the Amount of $24,226 — Sheriff's Office The Commissioners approved budget amendment 21-043 and the acceptance of a grant from the North Carolina Governor's Crime Commission. The amount of the grant is $24,226 and will be used to purchase narcan, detention SRT vests, and project lifesaver transmitters. Project lifesaver transmitters are the equipment that a client wears to track them if they go missing. The transmitter is in a band that is placed on their arm or ankle. These clients have mental/cognitive disorders, such as Alzheimer's or dementia. There is no required County match. A copy of the budget amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 26.1. Adoption of a Resolution to Dispose of Surplus Property According to Procedures Outlined in North Carolina General Statutes - Chapter 160A, Article 12 — Finance The Commissioners adopted a resolution to dispose of surplus property according to procedures outlined in North Carolina General Statutes (NCGS) Chapter 160A, Article 12. Nonprofit organizations will have the opportunity to inspect and purchase the property prior to being sold by auction. Afterwards, all remaining property will be disposed of according to the procedures prescribed in Chapter 160A -270(c) which authorizes the disposal of personal property electronically using an existing private or public electronic auction service. Any items not sold electronically will be disposed of by any other method authorized by the statutes including discarding. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 26.2. Adoption of National Nutrition Month Proclamation — Health and Human Services The Commissioners adopted a proclamation recognizing March 2021 as National Nutrition Month. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLII, Page 26.3. Ratification of Substance Abuse and Mental Health Services Administration (SAMHSA), Resiliency in Communities After Stress and Trauma (ReCast) Grant Application — Recovery and Resilience The Commissioners ratified the SAMHSA, ReCast grant application. The purpose of the 2021 ReCast grant is to assist high-risk youth and families and promote resilience and equity in communities that have recently faced civil unrest through implementation of evidence -based, violence prevention, and community youth engagement programs, as well as linkages to trauma -informed behavioral health services. The goal of the ReCast Program is for local community entities to work together in ways that lead to improved behavioral health, empowered community residents, reductions in trauma, and sustained community change. SAMHSA will award eight grants of $1 million per year for up to five years. No matching funds are required. If awarded, the grant would provide reimbursement for 15% of an existing County director -level employee to act as project director/principal investigator, as well as 10% reimbursement for the County Finance department staff time. The County will contract with its partners for delivery of services. The application assumes that all new positions funded would be hired by the providers. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 1, 2021 PAGE 3 Approval of January 2021 Tax Collection Report — Tax Department The Commissioners accepted the tax collection reports of New Hanover County, New Hanover County Fire District, and New Hanover County Debt Service as of January 2021. Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XLII, Page 26.4. Adoption of Budget Amendments — Budget The Commissioners adopted the following budget amendments which amend the annual budget ordinance for the fiscal year ending June 30, 2021: • Recovery and Resilience 21-053 • Fire Rescue 21-054 Copies of the budget amendments are hereby incorporated as part of the minutes and are contained in Exhibit Book XLII, Page 26.5. REGULAR ITEMS OF BUSINESS STATUS BRIEF: COVID-19 VACCINATIONS Health and Human Services Director Donna Fayko provided an update on the progress and plans for the County's continued involvement in direct delivery and facilitation of the Covid-19 vaccines across the County as follows: • Covid-19 Update: • State of the County: • 5.6% positivity rate: Total Positive Cases 16,231 Recovered 14,425 Active 1,429 • 54%: Female • 46%: Male • Deaths: • Total NHC residents: 154 • 91 were male and 63 were female • 89% (136 people) were older than 65 Select County: New Hanover County 250 200 150 100 50 0 3/1 • Vaccination Updates: 5:" 7/1 9/1 11/1 1/1 3/1 HHS Total Administered: 25,621 1" Doses 15,497 2nd Doses 10,124 NHRMC (combined) 53,265 Total for NHC 78,886 • Outreach Sites include: • Solomon Towers • Chestnut Street Presbyterian Church • Macedonia Missionary Baptist Church Specimen collection date missing for i cases. NEW HANOVER COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, MARCH 1, 2021 BOOK 35 PAGE 4 • Martin Luther King Center • New Beginning Church • Sanctuary of Wilmington • Union Baptist Church • Christ Community Church • Current baseline supply = 1,170 doses of Pfizer/week • This week: supplement of 300 Moderna and for event 1,170 Pfizer • Emergency Use Authorization (EUA) - Janssen Vaccine: • FDA issued EUA on February 26, 2021 • For individuals 18 years of age and older • Single dose regimen • Does not require sub -frozen temperature • Efficacy: • 72% in preventing moderate to severe illness (after 28 days) • 86% in preventing severe to critical illness (after 28 days) • No information to suggest that it reduces transmission from person to person • Operations this week: • Educational event with NHRMC on Wednesday: • HHS, Trask Middle School and the Pointe Theatre • Hours: 12PM — 8PM • Sign-up Genius used for appointment scheduling • Second doses: Thursday • Friday: open dependent upon supply • Call Center Activity: • 57,634 calls since 3/17/20 • 34,713 calls since 1/01/21 • Sign -Up Genius today for Educational Staff You have a spot, take your shot. A tested, safe and erfective vaccine will be available to all who want it, but supplies will be limited at first. To save lives and slow the spread of COVI❑-19, independent state and Federal public health advisory committees recommend first protecting health care workers, people who are at the highest risk of being hospitalized or dying, and those at high risk of exposure to COVIN -19. Keep practicing the 3 Ws—wear a mask- wait six feet apart, wash your hands—until everyone has a chance to get vaccinated. Our goal is to vaccinate as many people as quickly as possible given the limited supply of vaccines North Carolina es through vaccination groups by aligning to federal priorities while empowering local health departments and hospitals with flexibility to move to the next priority group as they complete groups and have vaccines available. NC oepartment et HeaIIP antl Human aervlces • Ye urspetYeur Sh-nc.aev • N—S Is an equal eppertunitye ple antl prevltlen • 01/2021 NONAN SEPVI[ES • Centers for Disease Control and Prevention created a group prioritization of people to guide who gets the vaccine first • Focus is to: • Decrease death and serious disease resulting from the virus • Preserve functioning of society • Reduce extra burden Covid-19 is having on people who already face disparities • Distribution is based upon combination of high risk of developing severe illness from virus • High risk of exposure to the virus • Currently vaccinating Groups 1 and 2 • Transitioning to Group 3 with two-week emphasis on educational staff • Planning stages of opening Group 3 with small targeted outreach while striving to reach herd immunity with Group 2: • Plan Divides recipients into five groups: • Group 1—healthcare workers directly involved in treating and combatting the COVID- 19 virus: 0 Those who care for COVID-19 patients NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 1, 2021 PAGE 5 • Those who provide cleaning services in areas where COVID-19 patients are treated • EMTs and paramedics • Healthcare workers who must intubate patients or perform CPR • Those who Test and vaccinate for COVID-19 • Direct patient care in realms of behavioral health, dentists/hygienists, home health workers, laboratory staff, pharmacists, respiratory techs • Non health care employees who volunteer to assist with the vaccination effort • Long term care residents and staff Group 2 is anyone 65 years of age or older. No requirement that a person have conditions that make them more at risk for complications of COVID-19: • Statistically, this age group is at high risk of being hospitalized with or dying from COVI D-19 • ONLY Groups 1 and 2 are active and eligible for vaccination at this time • Group 3 is for frontline essential workers who are prioritized for vaccine: • Employees working remotely are not part of Group 3 There are eight essential sectors that fall in this group and these employees MUST work on site in order to fall within Group 3: • First: Government and Community Services: postal service; court personnel; elected officials; and homeless shelter staff • Second: Public Safety: firefighters and ems; law enforcement; corrections; APS and CPS workers responding to abuse and neglect; and security officer • Third: Transportation: public transit workers and dispatchers; DMV; transportation maintenance and repair; and workers supporting highway infrastructure • Fourth: Health Care and Public Health: public health workers; all human services workers and support staff; and social workers • Fifth: Education: k-12 teachers and support staff; child care staff; college and university instructors and support staff • Sixth: Critical Manufacturing: making medical supplies, equipment or PPE; and manufacturing of products needed for food and agricultural supply chains • Seventh: Essential Goods: grocery store staff; pharmacy staff • Eighth: Food and agriculture: meat packing workers; food processing workers; farm workers; food distribution/supply chain; and restaurant workers Group 4 expands to include all adults at high risk of exposure and increased risk of severe illness: • Anyone 16-64 years old with high risk medical conditions such as: cancer; chronic kidney disease; COPD; immunosuppressed; obesity; serious heart condition; Type 2 diabetes; and sickle cell disease • Anyone who is incarcerated or living in close group living settings who is not already vaccinated due to age, medical condition or job function • Essential workers not yet vaccinated: all utilities staff; county engineers, water and wastewater staff; all public works staff; IT staff; finance staff; and planning, zoning and permitting inspectors • Group 5 covers everyone else Chair Olson-Boseman thanked Ms. Fayko for the update and opened the floor to Board discussion. In response to Board questions, Ms. Fayko stated that she could not speak to if pharmacies were using the exact same rules as the County, but they are given the same state plan and as part of their provider agreement, have to follow the same plan. The next event for educators will be on Wednesday, March 3rd and that is the last dedicated event for education personnel. On average there are between 25 and 40 no-shows and that is if they are allowed or able to choose their own appointment time. With the first education personnel event, there was a higher incidence of no-shows as the appointments were assigned and what was not taken into account was coverage so that the people could leave work and then go back to work. She also believes there is more vaccine shopping being seen at this time because many of the people who do not show, upon follow-up it is learned that they have either already received the vaccine or they have it scheduled somewhere else. The Veteran's Administration clinic is starting to be tracked on its vaccination efforts as well as several other several other groups to incorporate their numbers into the County's total numbers. At this time, she does not have that information to report out. In response to additional Board questions, Ms. Fayko stated that Group 3 consists of approximately 100,000 people and there are 235,000 people in this County. It will take months to reach Group 3 when taking into account that the County has been vaccinating Group 2 and is at 63% completed for that group. She and her team do believe there will be multipliers. As more multipliers come on to vaccinate and as they receive supplies of vaccine, they will help reach that group as well. She confirmed that there are batches of vaccines coming into the community via other providers such as Walgreens, the hospital, etc. and will help in administering the vaccine quicker to more people in the coming months. She noted that the supply going to the pharmacies is directly from the federal government and NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 1, 2021 PAGE 6 does not go through the state allocation. Due to that, the County does not have as much information about those as it does with what is coming through the state. A brief discussion was held about the percentage of people who are refusing the vaccine. Ms. Fayko stated what she and her team are hearing, especially through the County's outreach efforts, there is a lot of fear out there. People do not understand, they have not read the literature, or they just have a mistrust of government. Many factors play into their fear, but she thinks that is the underlying issue. The Office of Diversity and Equity is doing a greatjob of reaching out and educating the public. There are also constant Facebook livestreams, panel discussions, and educational sessions in an effort to educate and try to take the stigma and fear away. A brief discussion was held about the efforts being made to reach out to the people where they are and recognizing that not everyone, particularly seniors, have the same access to various resources or are not comfortable using computers, cell phones, etc. Ms. Fayko stated that because of the elder population that the County is currently serving, the teams do not just rely upon online registration, there is also the call center so they have the option of being able to call in and make an appointment as well. Regarding how many actual New Hanover County residents have received the vaccine, Ms. Fayko stated that the numbers she has reported to the Board are specifically for this County. The state takes the County's information and the numbers are based on the CVMS tracking system the state is using. The state is providing the County the numbers because you have to enter the name, address, date of birth, certain demographics, and that is how the vaccine recipient quantities are tracked for each county. She knows there are approximately 2,000 to 3,000 people who are not County residents that have received the vaccine here and the data is in the state system. The Board commended and expressed appreciation for the work County Manager Coudriet, Ms. Fayko, and the entire staff are doing in the effort to get as many as possible vaccinated. PUBLIC HEARING AND APPROVAL OF A REQUEST BY WARD AND SMITH, P.A. ON BEHALF OF THE PROPERTY OWNER, DRY POND PARTNERS, LLC, TO REZONE APPROXIMATELY 64.28 ACRES OF LAND LOCATED IN THE 4400 BLOCK OF S. COLLEGE ROAD, FROM R-15, RESIDENTIAL DISTRICT, TO PD, PLANNED DEVELOPMENT DISTRICT, IN ORDER TO DEVELOP A MIXED-USE PROJECT (Z21-01) Chair Olson-Boseman opened the public hearing and requested staff to make the presentation. Senior Planner Brad Schuler presented the request by Ward and Smith, P.A. on behalf of the property owner, Dry Pond Partners, LLC, to rezone approximately 64.28 acres of land located in the 4400 Block of South College Road, from R-15, Residential District, to PD, Planned Development District, in order to develop a mixed-use project. The subject site is located on the eastern side of South College Road between 17th Street and Monkey Junction. While the surrounding area is zoned R-15, there are a few developments that received a special use permit (SUP) to exceed the maximum density of the R-15 district. There are four developments on the other side of South College Road that have built to about 10 dwelling units per acre (du/ac). The subject site is the last undeveloped parcel of this size along the South College Road corridor. However, there are some power lines that run through the center of it. It was part of a larger parent parcel which consisted of about 135 acres. The applicant developed the eastern 71 acres of that parcel as the Whiskey Branch performance residential subdivision. That development consists of a total of 156 residential units, and contains a mixture of single-family dwellings, duplexes, and townhomes. Currently, Whiskey Branch is the only active subdivision in the nearby unincorporated area with about 15 homes left to be built. There is also a phase of Johnson Farms within the City of Wilmington that is being constructed with about 30 homes remaining. The R-15 district in this area was established in 1969. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and well would be developed at low densities. Since that time, water and sewer services have become available to the surrounding area, making smaller lots and higher densities possible. Today, what is generally seen are single-family subdivisions constructed in the R-15 district with lots ranging from 7,000 to 12,000 square feet, and homes ranging from one to three stories. There have been three planned developments (PD) approved in the County: 1) The River Bluffs PD, which is still being built out, consists of a mixture of housing types and has a smaller neighborhood commercial center in the middle of the development; 2) Northchase PD was approved in the 1980s and includes much larger commercial and industrial areas; and 3) Blue Clay Farms was also approved as a PD, however, the project has not been developed. The requirements of PD zoning districts were recently amended with the Unified Development Ordinance (UDO) project. Previously, they were intended for bigger projects that may have included a large commercial component. Now, the UDO allows for planned developments to have a variety of scale and mixture of uses so that they could be developed on smaller parcels. The master plans for PDs are intended to be in a bubble format that depicts the general location and intensity of the land uses within the development. This is the same type of master plan that is required for the Urban Mixed Use zoning district. Mr. Schuler then reviewed the proposed master plan for the subject site. The proposal would allow for a maximum of 460 dwelling units, which equates to a density of about 7.2 dwelling units per acre. Those units would be made up of a mixture of housing types including single-family, duplexes, triplexes, townhomes, and multi -family. In addition, residential units would be included in proposed mixed-use buildings located in the center of the site, adjacent to South College Road. The development would also allow for a maximum of 185,000 square feet of commercial building area, which would also be located next to South College Road. The proposed commercial and mixed use portions of the project consists of about 10 acres of land, which is similar in size to Lumina Station on NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 1, 2021 PAGE 7 Eastwood Road. The design of the master plan positions the single-family, duplexes, and townhomes along the perimeter of the site next to existing neighborhoods. The multi -family units would be located in the center of the site next to the mixed-use and commercial structures. The commercial areas would be limited to the commercial uses permitted in the PD district, which are shown here. Generally, they consist of office, retail, restaurant, and auto service related businesses. In addition, this proposal would also allow for a hand full of civic uses in the commercial areas, including day cares and medical offices. Artisan manufacturing uses would also be permitted, which for example would include cabinet shops, ceramic studios, and jewelry shops. Lastly, the applicant is proposing to prohibit the 10 uses, including kennels, vehicle towing yards, and outdoor boat and vehicle sales, which was agreed upon at the Planning Board meeting. As part of a PD, the applicant must provide a terms and conditions document that details any conditions of approval or proposed modifications to development standards. That full document is included in the Board's packet. In addition to complying with the maximum density and intensity standards established on the master plan, the proposal would require sidewalks to be provided along both sides of the streets except next to the existing power lines. In addition, a pedestrian and bicycle access would be provided to Bullitt Lane, which is located north of the site within the Fox Run Farms subdivision. Also, the existing vegetation within the bufferyards will be left undisturbed unless needed to be removed for required infrastructure like utilities. In accordance with the standards for a PD district, the applicant must identify the compensating community benefit of the proposed project that helps achieve the goals of the district. The applicant has included this information in their application, stating that this proposed mixed use project will include improved design elements and connectivity for pedestrians and vehicles. The applicant can provide additional information regarding these benefits if needed. The site is accessed by South College Road, a North Carolina Division of Transportation (NCDOT) maintained principal arterial street. Access would also be provided to the existing Whiskey Branch subdivision to the east. However, Whiskey Branch is a gated subdivision that would allow only emergency services and residents of that subdivision to access the subject site. As currently zoned, the site would be permitted up to 161 dwelling units. It is estimated a development of that scale would generate about 120-160 trips during the peak hours. The proposed PD development would increase the estimated number of peak hour trips by about 275 in the PM peak and 560 in the Saturday peak. A traffic impact analysis (TIA) was completed for the project and approved by NCDOT and the Wilmington Metropolitan Planning Organization (WMPO). The notable roadway improvements required for the project include the installation of a new northbound to southbound U-turn lane on South College Road near Lansdowne Road, installation of new turn lanes at the site's access points, and signalization of certain turning movement along South College Road. There are two major NCDOT projects planned for the area which would make improvements to South College Road and to the Monkey Junction intersection, however, both projects are expected to begin after 2029. Over the last few years, NCDOT has made improvements to the South College Road and Carolina Beach Road corridors. These improvements consist of incorporating superstreet design elements that limit traditional full access intersections and left turning movements. This reduces the number of conflict points, which allows for more free flowing movement and improve travel times. The superstreet design is also considered to be safer and can reduce accidents. Based on a generalized historic generation rate, staff would estimate that the increase in homes would result in approximately 72 additional students than would be generated under current zoning. Planning staff has worked with school staff to analyze recent trends related to development patterns and student generation. Because an increase in new residential units throughout the County is not reflected in the enrollment data, recent trends indicate new residential development may be generating much less student population than the historic generation rate would have indicated, and the student generation estimates included in the report may be greater than actual resulting student growth. The 2016 Comprehensive Land Use Plan (Comprehensive Plan) classifies the portion of the property closest to South College Road as Community Mixed Use, which is intended to promote the development of commercial services and moderate to high density residential development (between approximately eight to 15 units per acre). The eastern portion of the property closer to existing single-family neighborhoods is classified as General Residential which intends to provide a transition to lower density housing (about eight units per acre or less). The design of the master plan provides for the transition in land uses intended by the Comprehensive Plan, and the overall residential density of the project is in line with the recommendations for the site. The proposal is also consistent with the County's goal of encouraging complete communities. By allowing a mixture of commercial uses and housing types, this proposal is expected to increase housing diversity and access to commercial and community services. Mr. Schuler then provided an overview of the subject site location between two commercial centers and in relation to three commercial nodes that are located along South College Road. He noted that by adding mixed-use zoning to the subject site, commercial services would be spaced along the South College Road corridor from Monkey Junction to Shipyard Blvd about every mile over the four -mile stretch and as such, could reduce travel times for the nearby residents. Overall, the Comprehensive Plan promotes increasing density in this area from what was established in the late 1960s. Again, this is the last large tract of undeveloped land on South College Road that could support a mixed-use development of this scale, which will benefit the residents of this project and of the surrounding area by providing commercial services closer to those residents. Finally, the design of the project helps limit the impact on the adjacent neighborhoods by placing the multifamily and commercial components closer to the center of the site and South College Road. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 1, 2021 PAGE 8 The Planning Board considered this application at its February 4, 2021 meeting and recommended approval of the application (7-0) with a condition that further limited the allowable commercial uses. The applicant has updated the application to incorporate the condition added at the Planning Board meeting. The Planning Board found the application to be: consistent with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use and General Residential Place Types, the residential densities are in-line with those recommended for the property, and the project will provide commercial services in close proximity to nearby residents. 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 and commercial services to nearby residents and promoting principals of walkable urbanism. Chair Olson-Boseman thanked Mr. Schuler for the presentation and invited the applicant to make remarks. Sam Franck, attorney with Ward and Smith, P.A., representing the property owner, Dry Pond Partners, LLC, expressed appreciation for the very thorough and gracious report from staff, which he understands for two reasons. First, the Comprehensive Plan and LIDO encourage exactly this type of project. Second, the application comes as the result of significant discussion and evolution of design between the applicant, staff, and taking into account comments from the neighbors. He stated his presentation would last approximately five minutes and he would reserve the remaining time to speak in response to any opposition comments and questions from the Board. There are several community benefits to the project. First and foremost being that it is a mixed use development that is very consistent with exactly what the Comprehensive Plan would choose for this landowner to do with the last largest undeveloped site along South College Road. It is a pedestrian -friendly development that includes sidewalks throughout. It is thoughtfully designed to locate the higher density and more intense uses towards the center of the site as the developer will provide commercial locations for those who choose to live in this development, and the neighborhoods that surround it. There was a conscientious decision made by the developer to leave existing significant landscaping in place along the perimeter of the project to provide a buffer, both for sound and visual, between this development and the adjoining neighborhoods. As previously mentioned, this is the evolution of a design that has been under consideration for four or five years. It was previously proposed to the Planning Board for a different type of rezoning solely for the multifamily aspect of the development. Although the Planning Board recommended approval of the project, there was some concern that the County Commissioners would not agree with that recommendation. As understood by his client, the primary concern was the lack of clarity and certainty about what would happen with the balance of the property. It was understood from that application what the multifamily component would look like, but not what the balance of the property would be utilized for. During initial discussions with staff this time around the primary focus was on how do they develop a plan that they can show to the Planning Board and the County Commissioners that makes it clear what is intended for the total property. It is believed what is being presented does that and does so efficiently. Mr. Franck then provided an overview of the development plan and the concept vision for the site that would show how it could be developed under the master development plan. He noted that the zoning does not dictate any particular shape of a building or location of a building, but it does dictate density, building height, and use. He then showed a comparison of what was previously proposed a couple of years ago. He reiterated that he would reserve the balance of his time for Board questions after comments from the opposition or if he and his team had anything that they would like to add after the opposition has spoken. Chair Olson-Boseman announced that one person signed up to speak in favor and one person signed up to speak in opposition to the request and invited the speakers to make their comments. Gidget Karlof, resident of Devonshire Lane, spoke in support of the request stating that she previously sent the Board a letter regarding the request. She truly believes that the development will help to accommodate some of the growth that is being seen in this community. She thanked Hill Rogers and his team for listening and respecting the concerns that were voiced a couple of years ago regarding the original design and redesigning the new plan for that. She feels the current proposal will be conducive to the community, whether living in Fox Run Farms or any of the adjoining subdivisions. She reiterated that she does support the rezoning of the subject site. Ron Mays, resident of Weybridge Lane, spoke in opposition of the request stating he is doing so to the degree of the development in the South College Road corridor. Fox Run Farms subdivision borders the subject site to the north. According to NCDOT in 2019, the area had 39,500 car trips per day, and by 2024, there is an expectation of 8,900 additional car trips per day. While excited about the development, he feels it needs to be scaled back. As to the design itself, the buildings along South College Road should be maxed at three stories instead of four stories and where it adjoins the neighborhoods it should be perhaps two -stories, maybe max three stories. He feels the max height of 40 -feet for condos, etc. which adjoin the Fox Run Farms subdivision sounds too high. As to interconnectivity, when originally proposed it was going to interconnect in the new phase to Whiskey Branch, with a cut -through to Navajo Trail. It has now been gated off so the interconnectivity has been eliminated which is putting all of the traffic on South College Road. He feels in a few years there will be traffic counts in the area of 50,000 cars per day. Also, the superstreet design will effect buses leaving the area of Myrtle Grove Middle School as the buses will have to do a U-turn to go south, as well as a lot of the people living in that area to go the shopping areas. His concerns are with the effect the project will have on future traffic in the area. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 1, 2021 PAGE 9 Chair Olson-Boseman announced that the applicant and speakers in opposition would be allowed time to make rebuttal comments. In applicant rebuttal, Mr. Franck thanked Mr. Mays for his comments. With regard to the degree of development, it is important to note that the density of the project is actually substantially less than the density of the projects right across the street. The residential units per acre on this total development are 7.16 if a simpler rezoning approach were to be used and just seek an SUP to increase the density on the project. Through that mechanism, this could be solely a residential development with 10.2 units per acre, similar to the four projects that are located in the immediate area. The PD district, which this rezoning is under, allows density up to 17 units per acre and this project is less than half of that at 7.2. With regards to traffic and interconnectivity, and interconnectivity is a double-edged sword in this case, all of the traffic will ultimately flow to and from South College Road. The question becomes is it appropriate to burden the residential neighborhoods around the community by creating additional interconnectivity? To do so, would be to encourage people to drive on those traditional residential streets as a means of thoroughfare, and the decision made was specifically and deliberately not to do so. Fox Run Farms is the residential neighborhood to the north of the subject site. The Board heard from one long-term member of the Fox Run Farms homeowners' association (HOA) that is in favor of the project and from one board member who is a resident of the community who is opposed to it. It is certainly understandable that there would be differing opinions, change is always something that gets people's attention. The overall traffic impact on South College Road is acceptable, as well demonstrated by the TIA, which is a topic that has been very well vetted. The result of developing the project in this fashion is that there will be significant improvements to South College Road. If the developer had chosen instead to simply put 161 R-15 lots on the property with a single curb cut, the County would not get the benefit of any of those traffic improvements. He and his team will be glad to answer any questions the Board has, but he would solely identify the TIA and the fact that this has been well -considered and as well as the improvements that are contemplated in the design. In response to Board questions, Rynal Stephenson, with Ramey Kemp Associates, stated the TIA did look at the heaviest traffic times that would be generated by the site itself, which was determined to be the weekday rush hour period, as well as the Saturday, because there is commercial on the property and there is a lot of traffic on the surrounding roadways on a Saturday. What he can say about the access and the U-turns is that the applicant is proposing to signalize and have a couple of signalized U-turns there that could be utilized by anyone traveling along the road. As to the commercial portion, the reason when it looks specifically at the early morning is this site has some residential on it, but it has commercial and the commercial is anticipated to generate a lot fewer trips in the morning than it would compared to the afternoon or Saturday. The biggest impact on the proposal will be in the afternoon and Saturday. The improvements that are laid out with the U-turns, the length of the turn lanes, and the signalization, those are really to handle the heaviest traffic times, but it would also serve the morning time well for school traffic. There is not an expectation of having a big impact during the morning. Mr. Stephenson further explained that he thinks South College Road has approximately 39,000 cars a day and the capacity was around 47,000 cars a day, so it is under capacity. It is somewhere in the ballpark of a level of service (LOS) C or D. As to the comment made about there being 8,900 cars a day, that is when the subject site is built out, but not all of those cars go in one direction. It is weighted a little heavier to the north than to the south, but in round numbers, it is 4,500 cars in each direction. You cannot take the 8,900 cars and add it on top of 39,000. As such, it is still going to be well under capacity, even when the site is fully built. At the full build out in 2024, South College Road will not be at capacity. Also, NCDOT will be doing things in the future to South College Road similar to what the applicant will be doing such as restricting turning movements, U-turns, signalization, etc. That is what they are going to be looking at on the corridor -wide basis, so this project will be ahead of that and doing some of the improvements now with the intent to increase the flow along South College Road. Discussion was held regarding the height of various buildings in the proposed plan. Mr. Franck stated before responding to questions on the building heights, he wanted to point out that in all of the traffic studies, the assumption is that people will continue to drive as far as they always have. They do not take into account the fact that the proposed plan is creating an additional point of commercial amenities, which should lead to less travel for people who are elsewhere in the existing neighborhoods because services are being provided at a closer location. With regards to the height and intensity of use, Mr. Franck then provided an overview of the site plan to show how the building layout might look in each bubble. The pink buildings in the middle are the multifamily structures that have a maximum building height of 50 feet, the outparcels along South College Road and the green buildings are the mixed use buildings which will have a maximum height of 50 feet. The duplexes, townhomes, and single family homes show on the site plan are a less dense use. Josh Mihaly, Landscape Architect with Mihaly Land Design, stated that the multifamily located in the middle, the mixed use located on South College Road, and the commercial outparcels, all have a maximum 50 -feet height allotment, which is generally the maximum that would be required to build that type of project. For the buildings on the perimeter on the south, the perimeter to the north and the eastern side, where the single family has all been, the maximum height allotment has been set at 40 feet. The 40 feet is in line with what you might see in a two, two - and -a -half story single family townhouse, and it is also consistent with the future land use plan. The 40 feet is what the height recommendation was for general residential. In response to Board questions, Mr. Franck stated the maximum height for the multifamily buildings is four stories, which is 50 feet. This hearing is about setting the maximum parameters within each of the bubbles and that is just the design of the PD zoning district. In terms of the anticipated buildout, discussion has been held about the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 1, 2021 PAGE 10 applicant's vision and what is thought will happen. The maximum parameters are just that, maximum parameters, not absolute design build out. Hill Rogers with Dry Pond Partners, LLC, stated in the general residential section, single family, quadruplex, in the past those have really been no more than two-story structures. With the traditional apartment buildings, they have been three and four stories. It is unknown the mix between three or four stories, how many might have elevators, etc. Those are different factors that at this point in time are not known. As Mr. Franck stated earlier, they are trying to just really define the pieces of the jigsaw puzzle at this point to have a roadmap to try to move forward. Mr. Rogers further confirmed that the pink buildings in the middle are going to be along the front. Along South College Road will be the highest buildings and that 50 feet could be four stories. The townhomes along the north side will primarily be two stories, but will be considered single family, so it is not having townhomes on top of townhomes. The single family and another property along the south side could be single level townhomes, side by side, and maybe two story depending on the plan that is picked and for the individual family. Mr. Rogers stated the plan is capped in density and he cannot mix and match product type in each bubble, but he is trying to match to what the areas are bordering. Mr. Hill further explained his team flew a drone to a height of 40 feet, and then they were able to measure the aptitude or elevation of the tree heights. The tree canopies peak at 62 feet, so along with the 20 -foot buffer, bordering Fox Run Farms and Tanglewood, the plan is to leave that intact and then there are internal areas where they desire to leave as many of the trees as possible as it is felt to be important. In opposition rebuttal, Mr. Mays stated again, the information from NCDOT is that this part of South College Road had 39,500 car trips per day in 2019 and is currently rated as having a LOS of D. He further stated that a Planning Board member stated that this proposal will add approximately 8,900 car trips per day around 2024 and that gives on Saturday, an LOS of F. While he likes the project, this is a major artery and it will become more of a headache with traffic like some of the other major arteries have. In response to Board questions, Mr. Rogers confirmed that under the requested zoning he is allowed to build up to 40 feet, but will be balanced against a 20 -foot -wide buffer that will range somewhere above the 40 to 60 foot existing mature trees that are on the site. It is believed it will provide a significant visual buffer from the existing neighborhoods to the north and south. The interior roads will be private roads like the existing road in the prior phase of Whiskey Branch that are built to NCDOT standards as much as possible and will be privately maintained. They may be a bit narrower to help control traffic. One of the primary reasons for going to private roads is it is very hard to get NCDOT to take over roads in the County, it is a different ball game in the City of Wilmington (City) because of the regulations and the rules. The HOAs are well capitalized and his company did as much testing for the roads when building the roads at Whiskey Branch as it would have in the City or NCDOT standards. A bridge was built over Whiskey Creek, which would not have been allowed if the roads were going to be NCDOT roads. That would have required putting in a culvert and disturbing wetlands, so the bridge was more environmentally sensitive as well as a less expensive option to pursue. His company knew NCDOT would not take a bridge and those roads are private. Dry Pond, LLC will be a declarant under the HOA and ultimately if ownership changed, the various owners would be in there and a professional management company like CAMS would be hired. Hearing no further discussion, Chair Olson-Boseman closed the public hearing and asked for the Board's direction on the request. A brief discussion was held about some people who were against the superstreet design, but have now changed their minds and are pleased with how well traffic flows up South College Road. Commissioner Barfield stated that he appreciates that this new plan reduces the number of apartments and there is a good mix of housing types. He also appreciated the Planning staff's work with the development community to keep as many cars off the road as possible. In response to Board questions, Mr. Schuler stated that like the recent Urban Mixed Use zoning districts that have been approved over the last couple of years, this is the same type of bubble plan, so within those pockets, the applicant will be limited to the housing type and density that is within there. There is some modification that can be done administratively but it is minor, less than 10%, so anything over that would be considered a major change and would have to come back to this Board. Changes to the buffers in this would be considered a major change because, again, in the terms and conditions document, the applicant included a condition that requires the existing vegetation to remain the buffers as outlined on the master plan, so to him, that is a condition that would have to come back in front of this Board, should it be modified. The same would be true if the applicant wants to exceed the height standards as shown on the master plan, that would be a major change, and the density would also be a major change, if they wanted to go over 460 dwelling units. Commissioner Zapple expressed appreciation for the efforts of Dry Pond, LLC to make changes to the plan by being flexible in to listening to the community, the Planning Board, and to the Commissioners. He feels the changes answer many questions and are more in line with the Comprehensive Plan. Commissioner Rivenbark stated that the developers of a neighborhood next to his neighborhood promised to leave a berm and install plants to make it friendly and provide a buffer. The developer has now decided not to do that which is disappointing to him. He stated that as long as Dry Pond, LLC will do what it is saying it will do with the trees, he does not have an issue with the request. As there was no further discussion, Chair Olson-Boseman asked for direction from the Board on the request. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 1, 2021 PAGE 11 Motion: Vice -Chair Hays MOVED, SECONDED by Commissioner Barfield to approve the proposed rezoning to a PD district as the Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the project provides for the types and mixture of uses recommended in the Community Mixed Use and General Residential Place Types, the residential densities are in-line with those recommended for the property, and the project will provide commercial services in close proximity to nearby residents. 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 and commercial services to nearby residents and promoting principals of walkable urbanism. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 5 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 6, 1969 is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 1, Page 25. PUBLIC HEARING AND APPROVAL OF A REQUEST BY DESIGN SOLUTIONS ON BEHALF OF PROPERTY OWNERS, RICHARD T. HAYES, V AND PATRICIA HAYES, FOR A SPECIAL USE PERMIT TO OPERATE A BED AND BREAKFAST INN WITHIN THE R-15, RESIDENTIAL DISTRICT, LOCATED AT 6727 CAROLINA BEACH ROAD (S21-01) 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. Gideon Smith Rebekah Roth Brad Schuler Jeff Petroff Cindee Wolf Richard Hayes 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 Current Planner Gideon Smith to start the presentation. Current Planner Gideon Smith presented the request by Design Solutions on behalf of property owners, Richard T. Hayes, V and Patricia Hayes, for a special use permit (SUP) to operate a bed and breakfast inn within the R-15, Residential District, located at 6727 Carolina Beach Road. The subject property is located on the eastern side of Carolina Beach Road, about midway between Monkey Junction and Carolina Beach. The surrounding area generally consists of low density single family housing, except for Cypress Village across the road which received an SUP to allow a greater density than typically permitted in the R-15 district. Otherwise, there are some nonresidential uses throughout the area, such as Circle K at Myrtle Grove Road, a couple of churches, and a welding shop. There is an existing house towards the center of the wooded parcel, which is proposed to be used for the bed and breakfast. The existing 2,500 square foot home will be renovated as a five guest room and a manager's suite, nine parking spaces on site, and it does not appear that any trees need to be removed to install the parking spaces. A buffer will be provided on the southern side of the site where it abuts single family homes. The site plan complies with all applicable zoning standards, however, if approved, the plan will be reviewed again by other regulatory agencies, such as Environmental Health, Building Safety, and NCDOT to ensure compliance with their standards as well. The site is accessed using Carolina Beach Road, which is constructed as a superstreet design that prohibits left -out movements when leaving the site. However, the use is estimated to have a minimal impact of three peak hour trips if the existing dwelling is allowed to be converted into a bed and breakfast. There are no major NCDOT projects planned for the area and there are no other traffic impact analyses that are anticipated to affect this request. As for ongoing development in the area, Cypress Village, a smaller subdivision that will have 36 homes at full build out, is currently under construction with about a dozen homes in various stages of building. Mr. Smith then reviewed pictures of what itwould look like, if sitting in the site's driveway, facing Carolina Beach Road, and examples of other bed and breakfasts in the City. Overall, the proposed use is compatible with the surrounding area because it is located in the vicinity of other low density single family homes and the estimated traffic is not estimated to be much different than what the property generates today. Additionally, there is no impact on the school system. Finally, the applicant has proposed a condition that will limit the capacity of accessory special events held at the bed and breakfast in order to reduce impacts to the nearby neighbors. The Comprehensive Plan classifies the site as Community Mixed Use, which would designate it as such because of the location on a major roadway and the opportunity for community level commercial service node as the Carolina Beach Road and Myrtle Grove intersection. Because the proposed bed and breakfast will reuse the existing home, the impacts are similar in nature to how the home is utilized and will help serve as an attractor for visitors to the County. While the use is not specifically addressed by the Comprehensive Plan, it is generally consistent with it because the proposed use is in line with the mix of residential and commercial uses recommended for Community Mixed Use areas. As this is a request for an SUP, the Board must come to the following four conclusions in order to issue the SUP, which must be based on substantial evidence presented at this hearing: 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 1, 2021 PAGE 12 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 Planning Board considered this application at its February 4, 2021 meeting and recommended approval (6 - 1), finding the SUP meets the required conclusions based on the findings of fact and conclusions of the staff record. Based on the conversations at that meeting, regarding the potential use of that site for accessory special events and their impacts on the neighbors' properties, the applicant offered a condition that addresses the number of guests, onsite parking, music and lightning, and hours of operation for any special event in an effort to minimize the potential impacts. The applicant has requested this condition be placed on the permit if it is approved during this meeting. Again, if it is approved, additional review will be completed by the Planning Department as well as other local and state agencies to ensure compliance with the regulations prior to the issuance of any other permit. In response to Board questions about the number of guests permitted within the structure prior to the additional 15 guests, Mr. Smith stated there are the five guest rooms, so assuming a couple rents out each room, it would be 10 people there and with the resident manager, that is the additional one person. In total, approximately 20 to 25 people would be allowed. Chair Olson-Boseman thanked Mr. Smith for the presentation and invited the applicant to make remarks. Cindee Wolf with Design Solutions on behalf of property owners, Richard T. Hayes, V and Patricia Hayes, stated that the subject site is just north of the Myrtle Grove Road intersection at Carolina Beach Road and the location makes perfect sense for a quaint bed and breakfast style lodging accommodation. This area is a popular vacation destination, and tourism is absolutely a huge benefit to the County and the economy. The redevelopment of this residential parcel is an excellent opportunity to address several of the other land use plan goals. Promoting the character in this section of the County is strongly encouraged, in those policies and strategies for the future. More often than not, she is in front of this Board with properties that face Carolina Beach Road, that are looking for higher densities, or commercial uses. She and her client believe the rehabilitation of an existing home for an expanded use is a refreshing change. The home was very ill maintained for quite a while before the applicants purchased it. She provided an overview of before and after pictures, noting that the condition was even worse by the time they took ownership. Apparently, the water and power had been turn off. People were living there, but it was not really a good situation. Since that time, repair efforts have been underway for several months now, and Mr. and Mrs. Hayes have certainly improved both the aesthetics and the quality of the structure. It is an attractive low country architecture with the surrounding porch and more accented than it was certainly, there are a lot of existing trees around the yards and none of which are proposed to be removed. There is adequate area among the trees for the parking that is required and there will be areas delineated by the timber boards from the parking situation. The location of the parcel is just two miles north of the Snow's Cut Bridge, making it easily accessible to the Snow's Cut Park, the Carolina Beach State Park, and the Pleasure Island beaches. It is just a mile south of Veterans Park and its extensive sports complex. There is a U-turn just a short distance to the south as well as the U-turn a little bit further to the north, so there is adequate time to merge into traffic and get into the left turn lanes whichever way a person is traveling. Ms. Wolf concluded her presentation stating that she and her clients believe that the proposal meets the findings for approval of the SUP and for safety. Its access to Carolina Beach Road is a major thoroughfare leading to a traffic signal. At Carolina Beach Road, which again, is a major thoroughfare and the plan is designed to and will be permitted by all state and county regulations. One of those items is to deal with NCDOT to improve the very small residential driveway that is there to a little bit more commercial, albeit, the desire is to be residentially oriented so there will not be turn lanes or anything like that. It will be safe as far as in and out traffic. The use and layout have had the preliminary review by the various departments and agencies, but a detailed construction plan will have to go through final review to assure compliance with all required conditions, and specifications prior to the certificate of occupancy. The proposal is a rehabilitation, which she always think is the best policy, when it is possible. There has not really been, if noting the recently released revaluation numbers, any type of evidence that these types of situations and especially with all of the short-term rentals that are becoming prominent around the County, that property values have gone down because of them. The Comprehensive Plan's general place type, which is the Community Mixed Use, promotes this type of use along our major corridors, and for the promotion of the objectives and goals in our community for the future land use plan. In response to Board questions, Ms. Wolf state there is an underroof third story that has one room, then there are two rooms on top, three in the middle and the bottom floor has the kitchen, the living area, and the manager's suite. As to the septic field, a couple of things come into play, she and her clients certainly put forward the condition discussed at the Planning Board meeting, as there was a concern about events and that sort of piggy- back different event centers and things that have come before the Board recently. The septic system is in the process of being documented and re -permitted due to its age. It had not had an original permit, so all of that is underway. Again, it is one of the requirements prior to certificate of occupancy. As far as the types of events, as a bed and breakfast, it will be sized for the bedrooms and that is how it has all worked out. She and her clients based the extra 15 people on the thought that there would be a maximum of five couples as far as the tenants and is what one of the small shuttle limos could hold, so that sort of solved the parking problem. She noted this is not something that NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MARCH 1, 2021 PAGE 13 the owners intend to have as a regular thing, but if somebody wanted to bring their friends and have a little celebration, of a wedding or a something like that, they would not to be deprived of that opportunity. When those types of opportunities come, it is certainly possible to bring in a port -a -john or something to that effect, which will also be fleshed out with the Health Department. Commissioner Barfield stated that he thinks this will be a great addition in that part of the County, particularly as it is also close to Carolina Beach. Chair Olson-Boseman announced that no one signed up to speak in favor or in opposition to the request and closed the public hearing. Hearing no further discussion, Chair Olson-Boseman asked for the Board's direction on the request. Motion: Commissioner Barfield MOVED, SECONDED by Vice -Chair Hays to approve as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the finding of facts included in the staff report and with the following condition: 1. Any accessory private events shall be limited to the Bed and Breakfast's clients and no more than fifteen additional guests, shall not include parking that cannot be accommodated in the designated guest parking spaces, shall not include amplified music or additional lighting, and shall take place during daylight hours unless completely indoors. 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 87. PUBLIC COMMENT ON NON -AGENDA ITEMS Chair Olson-Boseman stated that no one signed up to speak on non -agenda items. ADDITIONAL AGENDA ITEMS OF BUSINESS Commissioner Barfield thanked County Manager Coudriet for bringing forth the Office of Diversity and Equity and stated it is doing a fine job in bridging a gap that has existed for a while in this community, with county government in particular. Ms. Thompson and her team have become a good forward facing part of county government and he is very appreciative of the work that they are doing. This is the trend that is being seen with other organizations in the County that are recognizing the need to ensure they are speaking to the needs of the diverse populations within the community itself. Chair Olson-Boseman stated that she has not seen or heard anything from the Office of Diversity and Equity in regard to the LGBTQ community. Commissioner Barfield stated that his wife has been involved in various focus group discussions that the department has held with employees and knows it has, at a minimum, been discussed in those meetings. County Manager Coudriet stated that the message will be delivered. Chair Olson-Boseman thanked County Manager Coudriet for handling her request for the information to be provided to the Board. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 5:46 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 online at www.nhcgov.com.