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2021-05-03 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 3, 2021 PAGE 84 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on May 3, 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 Dr. Patricia L. Freeman, St. Phillip AME Church, provided the invocation and Commissioner Rivenbark 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 Barfield 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 held on April 19, 2021. Approval to Request Grant Funds from the Department of Homeland Security/Federal Emergency Management Agency – Sheriff The Commissioners approved the submission of application for the 2021 Port Security Grant. th Adoption of 38 Annual National Travel and Tourism Week Proclamation – County Manager The Commissioners adopted a proclamation recognizing May 2-8, 2021 as National Travel and Tourism Week. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 4.1. Adoption of National Preservation Month Proclamation – County Manager The Commissioners adopted a proclamation to recognize May 2021 as National Preservation Month in New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 4.2. Adoption of National Women's Health Month and Women's Health Week Proclamation – County Manager The Commissioners adopted a proclamation to recognize May 2021 as National Women’s Health Month and May 9-15, 2021 as National Women’s Health Week in New Hanover County. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 4.3. Adoption of Foster Care Awareness Month Proclamation – County Manager The Commissioners adopted a proclamation to recognize May 2021 as Foster Care 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 XLIII, Page 4.4. Adoption of Elder Abuse Awareness Month Proclamation – County Manager The Commissioners adopted a proclamation to recognize May 9 - June 20, 2021 as Elder Abuse Prevention 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 XLIII, Page 4.5. Second Reading: Approval of Solid Waste Franchise for Coastline Dumpsters LLC – County Attorney The Commissioners approved and authorized a solid waste franchise award to Coastline Dumpsters, LLC. The first reading was unanimously approved on April 19, 2021. The company will provide certificates of insurance, agree to not bring outside waste into the County and to haul all waste to a County designated facility, if required by law. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 3, 2021 PAGE 85 A copy of the franchise agreement is available for review in the legal department. Approval of Representation for New Hanover Regional Medical Center Retirement Plans – Finance The Commissioners approved Chief Financial Officer Lisa Wurtzbacher and Deputy Chief Financial Officer Martha Wayne as authorized New Hanover County representatives with authority to conduct business on behalf of New Hanover County with First Citizens Bank & Trust Company, in its capacity as Discretionary Trustee. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 4.6. Approval of March 2021 Tax Collection Reports - Tax The Commissioners accepted the tax collection reports of New Hanover County, New Hanover County Fire District, and New Hanover County Debt Service as of March 2021. Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XLIII, Page 4.7. Approval of Board of Education Budget Amendment #3 – Budget The Commissioners approved the Board of Education budget transfer pursuant to the County's FY2020-21 budget ordinance. As outlined, the budget resolution adopted by the New Hanover County Board of Education may not be amended without prior approval of the Board of Commissioners if the proposed amendment increases or decreases expenditures from the capital outlay fund for the Board of Education. The proposed amendment would result in a change made to their planned capital fund expenditures. Adoption of Budget Amendment 21-070 for Stormwater Services Supplemental Funding – Budget The Commissioners adopted budget amendment 21-070 for stormwater services. A copy of the budget amendment is hereby incorporated as part of the minutes and are contained in Exhibit Book XLIII, Page 4.8. REGULAR ITEMS OF BUSINESS PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY RSC ENGINEERING, PLLC, ON BEHALF OF THE PROPERTY OWNER, CAPE FEAR HABITAT FOR HUMANITY, INC., TO REZONE APPROXIMATELY 4.9 ACRES OF LAND LOCATED IN THE 3200 BLOCK OF REMINISCE ROAD FROM R-20 DISTRICT TO (CZD) R-10, CONDITIONAL RESIDENTIAL-10 DISTRICT, IN ORDER TO DEVELOP AN 11-LOT SUBDIVISION (Z21-04) Chair Olson-Boseman opened the public hearing and requested staff to make the presentation. Senior Planner Brad Schuler presented the request by RSC Engineering, PLLC, on behalf of the property owner, Cape Fear Habitat for Humanity, Inc., to rezone approximately 4.9 acres of land located in the 3200 block of Reminisce Road from R-20 District to (CZD) R-10, Conditional Residential-10 District, to develop an 11-lot subdivision. When the area was first zoned in the 1970s, public utilities were limited in the unincorporated portions of the County, and therefore these areas were zoned for lower density housing that would be served by private well and septic. The surrounding area is mostly zoned R-20. However, there are some nearby neighborhoods that are zoned R-10, including Walnut Hills. Water and sewer services have now become available making smaller lots and higher densities possible. The County has recently approved two rezonings to R-10 in the past few years, including Bountiful Village and about 16 acres of land located nearby on Castle Hayne Road. Mr. Schuler provided an overview of adjacent homes within the Apple Valley neighborhood. Generally, the lots are about 15,000 square feet in area, and consist of one-story homes. The subject site is currently undeveloped. Under the existing zoning, the site would be allowed up to nine dwelling units under the performance residential standards. Mr. Schuler then reviewed the applicant’s proposed concept plan for the property to develop an 11-lot subdivision. If approved the rezoning would result in two additional lots beyond what is permitted under the current zoning. The proposed roadway within the site would be constructed to the County’s private road standards and connect to the undeveloped property to the north. According to the applicant, stormwater facilities will be provided via a roadside swale. The homes are similar in size and design to those in the adjacent Apple Valley and Walnut Hills neighborhoods. The addition of the two lots would increase the estimated peak hour trips by about two to three trips. The development will be accessed from Reminisce Road. The interconnectivity of the surrounding neighborhood allows people access to Castle Hayne Road at two locations. Additionally, the intersection at Oakley Road and Castle Hayne has recently been signalized by the North Carolina Department of Transportation (NCDOT). There is one NCDOT project planned for the area that will make improvements to Castle Hayne Road, which is scheduled to begin after 2029. There are currently two active subdivisions in the area with about 500 homes left to be constructed. Most of the homes are located within the River Bluffs community. Regarding impacts to the schools, the addition of two lots will not have a significant impact on the schools with an estimated increase of about one child. While the site is located outside the Wrightsboro commercial node, the proposed project will assist in providing the range of price points envisioned for the County as a whole. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 3, 2021 PAGE 86 As for compatibility with the area, the addition of two lots within the subdivision is expected to have minimal impact on the surrounding areas. Furthermore, the proposed lots and housing are similar to the adjacent neighborhoods and again, there have been recent rezonings approved to R-10 in the area. The 2016 Comprehensive Plan classifies the site as General Residential. Overall, the proposal is generally consistent with the densities outlined by the plan for this area. The Planning Board considered this application at its April 1, 2021 meeting and recommended approval of the application (6-0). Chair Olson-Boseman thanked Mr. Schuler for the presentation and invited the applicant to make remarks. Sonya Edens with RSC Engineering, PLLC, on behalf of the property owner, Cape Fear Habitat for Humanity, Inc. stated the request is to rezone the 4.9-acre site from R-20 to a Conditional R-10 (CZD R-10) to develop 11 lots with 10% open space being met. The open space proposes a walking trail around the perimeter of the property. The site is consistent with adjacent subdivision(s), Comprehensive Plan, and Future Land Use Map. Cape Fear Public Utility Authority (CFPUA) will provide water and sewer service and a pump station will be required. There is an existing sewer line on Reminisce Road, however, gravity cannot be achieved for all the lots, so it will require a pump station. Discussions were held with CFPUA about the possibility of low-pressure systems, but the site does not meet CFPUA’s requirements. As such, discussions moved to building a regional pump station with some shared capital costs and that CFPUA would pay for all future operating costs. Permitting has started for the regional pump station. As to stormwater, the subdivision will be low density, less than 24% proposed as impervious. As such, stormwater ponds and basins are not required and the roadside swales with ditch blocks will be used for water detention. From a cost and safety perspective as well as space allocation, it was felt this is a win for the subdivision. The roadways are proposed as private streets as some of the swales will be used for detention. On an NCDOT roadway, roadside swales cannot be used for detention, they can only be for conveyance and they do need to be used for detention to meet the County’s stormwater requirements. These are the reasons private roads are being pursued to meet the needs. It has been discussed with Cape Fear Habitat. There will be homeowners’ associations in place prior to lots being sold to anyone, a roadway maintenance plan in place, and allocations will be made to allow for funds to be available for future roadway maintenance. In response to Board questions, County Engineer Jim Iannucci confirmed that it was correct that the swales for the stormwater will be designed to 25-year storm standards. There will be containment swales instead of a retention pond and will be pre-and post-25-year storm, which is for approximately an eight-inch rain event over 24 hours. Ms. Edens confirmed they will be designed to flow out to Reminisce Road which then flows into Rock Hill Road. This does not cause further flooding downstream in the projected models. In response to additional Board questions, Mr. Iannucci confirmed that for Walnut Hills and the general area swales are what flow the water away from properties. Steps were also taken to remove the debris from the streams in the area. The conveyances will still be in place and for this project, there would be detention for the impervious surface being added, but still have the offsite flow. It would be part of the system newly created and maintained by Stormwater Services moving forward. Chair Olson-Boseman announced that no one signed up to speak in favor or in opposition to the request, closed the public hearing, and opened the floor to Board discussion. Hearing no further discussion, Chair Olson-Boseman asked for the Board’s direction on the request. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple, to approve the proposed rezoning to a Conditional R-10 district. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the proposed density is in line with the residential housing densities outlined for General Residential areas. The Board also finds approval of the rezoning request is reasonable and in the public interest because the proposal is consistent with the existing development pattern of the surrounding area. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 10A OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 1, 1974 is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section 10A, Page 45. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY DESIGN SOLUTIONS, ON BEHALF OF THE PROPERTY OWNERS, BONNIE D. AND DAVID M. NARRON, TO REZONE APPROXIMATELY 0.8 ACRES OF LAND LOCATED AT 3419 N. KERR AVENUE FROM AR, AIRPORT RESIDENTIAL, TO (CZD) B-1, NEIGHBORHOOD BUSINESS, IN ORDER TO DEVELOP A VEHICLE SERVICE STATION (Z21-05) 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 owners, Bonnie D. and David M. Narron, to rezone approximately 0.8 acres of land located at 3419 N. Kerr Avenue from AR, Airport Residential, to (CZD) B-1, Neighborhood Business, in order to develop a vehicle service station. The property is currently undeveloped and located in Wrightsboro, less than a quarter mile from Castle Hayne Road. The area around the intersection of N. Kerr Avenue and Castle Hayne Road contains many commercial businesses and services and auto related businesses are located directly west of the site. The applicants are the business owners of First Quality Imports, which has an existing location in Wrightsboro. The applicants are seeking the rezoning to relocate NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 3, 2021 PAGE 87 the business to the subject site, which is land that they currently own. They are currently leasing the building at their existing location in Wrightsboro. Under the existing AR, Airport Residential zoning, the site would be allowed up to one dwelling unit with a minimum lot size of 30,000 square feet. The AR district in this area was established in 1974. At the time, the purpose of the AR district was to promote low density housing in the vicinity of the airport and discourage uses which tend to concentrate large numbers of people like schools, hospitals, and rest homes. The proposed B-1 zoning district is intended for small scale, low intensity commercial services. Mr. Schuler reviewed examples within the Wrightsboro area that would be considered appropriate within the B-1 district, which includes First Quality Imports. Mr. Schuler provided an overview of the applicant’s proposed concept plan for the property noting that the proposal would allow for 6,000 square foot vehicle service station. Under the requirements for the B-1 district, vehicle service stations are limited to minor repair and maintenance, such as tune ups and oils changes. Body work and major engine repair is prohibited in the B-1 district. The applicant has also agreed to two conditions:  A connection and easement for a future parking lot cross-access shall be provided to the undeveloped land adjoining the site to the east.  The business hours of operation shall be limited to Monday through Friday, 8:00 a.m. to 6:00 p.m. The proposal is estimated to generate about 15 to 20 trips in the peak hours. There is one NCDOT project planned for the area that will make improvements to Castle Hayne Road and is scheduled to begin after 2029. Currently, there are five active subdivisions in the area with approximately 300 homes left to be constructed. As for compatibility with the area, the request is being proposed by an existing business in the Wrightsboro area. The site is located on a minor arterial street and abuts the existing commercial node. The 2016 Comprehensive Plan classifies the site as Community Mixed Use. Overall, the proposal is generally consistent with the types of uses encouraged in this classification and will help provide a transition between the employment center areas located south of the site and the general residential areas located to the north. The Planning Board considered this application at its April 1, 2021 meeting and recommended approval of the application (6-0) with the conditions as stated earlier in the presentation. Chair Olson-Boseman thanked Mr. Schuler for the presentation and invited the applicant to make remarks. Cindee Wolf with Design Solutions, on behalf of property owners, Bonnie D. and David M. Narron, stated the policies for growth and development encourage continued efforts to attract and maintain businesses. Mr. and Mrs. Narron are the owners of First Quality Imports and have built a successful business over the last several years, but currently operate out of a leased facility. Like many aspiring business owners, they now have the competence and desire to do it on their own real estate. The advantage here is they own the real estate, and they live at the other end of the vacant tract. The proposal is to subdivide off just enough to develop the lot for the automotive service business. This location along Kerr Avenue, a minor arterial for the community and just east of the signalized intersection of Castle Hayne Road, provides a convenient access from north, south, east, and west. The rezoning would simply be an extension of the existing B-1 that is beside it. There is another automotive service business as well as the Wrightsboro fire station and a convenience store which are at the signalized intersection of Kerr Avenue and Castle Hayne Road. Again, the Comprehensive Plan does show it as Community Mixed Use so these types of uses are the perfect types of businesses along Kerr Avenue, which is an arterial road and will transition along the way as more residents come into the area and there is infill. Ms. Wolf reviewed the proposed site plan noting that the building setback is consistent with other buildings along the corridor, but it is new development. This site would be in conformance with all current code regulations for driveway width, the streetyard, interior landscaping, etc. She and her clients believe an important aspect of this layout is the location of the driveway so that it can be shared for interconnectivity with the rest of the property, whatever that may develop as. For now, the screening fence will extend all the way up the side of the streetyard. At the point where there would be some opportunity for the interconnectivity, the fence would be backed off enough for that to occur. Mr. and Mrs. Narron are proud of the reputation they have developed over the years and believe that this new location not far from where they operate now, and near where they live will be a benefit to present and future customers, especially with the new homes in the Wrightsboro area. The hours of operation are Monday through Friday, 8:00 a.m. to 6:00 p.m. She confirmed that they are willing to accept the conditions with no issue. As for the building, the intent is to present a façade along Kerr Avenue that has fenestration, plantings along the foundation, streetyard landscaping, and windows. It will be more in keeping with automotive businesses, which are sprucing up curb appeal where they used to just be metal buildings with garage doors. The site is an open field so trees will not be removed. The trees along the ditch are in the Kerr Avenue right of way. Other than cutting through with the driveway and a culvert for the ditch, no trees will be removed. This will provide additional visual separation to the streetyard requirement from the houses that are across Kerr Avenue and to the east. Ms. Wolf concluded the applicant presentation stating that she and her clients believe that economic growth is characterized by an increase in the amount of goods and services that an economy can produce over time. This new facility will upgrade the business and provide for an expanded client base, supporting locally owned businesses, fostering connections, and a sense of place. It stimulates the local economy, and she thinks there is NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 3, 2021 PAGE 88 nothing better than seeing successful business owners improving their situation. Sustainability of the County depends on sensible infill and maximizing land use efficiency. In response to Board questions, Ms. Wolf stated there is no authority to park vehicles on the immediately adjacent field as it is not permitted in a residential district. That is the reason the request is to rezone only part of the land that is needed for the business. Regarding utility service, there is a force main in front of the applicant’s property and there is a water main on the opposite side. Both scenarios are possibilities but come with certain costs involved because of grinder pumps, etc. While not discounting the possibility of a well and/or septic system, but there is an opportunity to provide services in this area. If her clients were to opt for a well and/or septic system, that would be the only thing that could potentially be a use in the residential portion of the tract. In response to additional Board questions, Mr. Schuler stated that it would not be an ordinance requirement for sidewalks or multiuse trails or pathways in front of the new development. Ms. Wolf stated that whereas in some places there are plans for greenways or multiuse trails, Kerr Avenue is not one of them. As to the comments from Ms. Stiles who lives across from the site, Ms. Wolf explained there have been no further discussions with her. She did try to explain to Ms. Stiles during the public information meeting the orientation of the building, and that the façade is nicer than a lot of the older automotive service buildings. She explained that the fence along the eastern boundary will help with that the façade as well as the trees in the ditch along Kerr Avenue. Ms. Wolf stated she feels her clients are doing the best they can on their end to mitigate through the bufferyard, streetyard, and through the orientation of the building. It is felt there are things in place to provide the separation. In response to further Board questions, Ms. Wolf confirmed that the open area between the edge of the pavement and the ditch is part of the NCDOT right of way, similar to the other side. She does believe there are major changes coming for this portion of Kerr Avenue due to being so close to the traffic signal at Castle Hayne Road. Chair Olson-Boseman announced that no one signed up to speak in favor or in opposition to the request, closed the public hearing, and opened the floor to Board discussion. Hearing no further discussion, Chair Olson-Boseman asked for the Board’s direction on the request. Motion: Chair Olson-Boseman MOVED, SECONDED by Commissioner Barfield, to APPROVE the proposed rezoning to a Conditional B-1 district. The Board finds it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the proposed business is consistent with the types of commercial uses that would be encouraged in the Community Mixed Use place type. The Board also finds APPROVAL of the rezoning request is reasonable and in the public interest because the site is located on a minor arterial street near existing commercial services, the use would have limited traffic impacts, and approval supports the success of an existing business with the following conditions: 1. A connection and easement for a future parking lot cross-access shall be provided to the undeveloped land adjoining the site to the east. 2. The business hours of operation shall be limited to Monday through Friday, 8:00 a.m. to 6:00 p.m. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA AR OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED OCTOBER 4, 1976 is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section AIRPORT, Page 21. PUBLIC HEARING AND APPROVAL OF A TEXT AMENDMENT REQUEST BY NEW HANOVER COUNTY TO AMEND ARTICLES 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, AND 12 OF THE UNIFIED DEVELOPMENT ORDINANCE FOR COMPLIANCE WITH RECENT STATE LAW AND TO PERFORM ONGOING MAINTENANCE TO REFINE AND CLARIFY ASSORTED ORDINANCE PROVISIONS (TA21-01) Chair Olson-Boseman opened the public hearing and requested staff to make the presentation. Long Range Planner Marty Little presented the request to amend Articles 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, and 12 of the Unified Development Ordinance (UDO) for compliance with recent state law and to perform ongoing maintenance to refine and clarify assorted provisions. The North Carolina General Assembly (NCGA) passed legislation in 2019 that created North Carolina General Statutes (NCGS) Chapter 160D, which consolidates and organizes city and county authority to plan for and regulate development. In early 2020 while staff was involved in the scoping of the UDO Project, a revision to the statute was being considered that would affect the timeline and some of the contents of the law. Due to the uncertainty of the revision at that time, the law was not incorporated into the UDO Project as originally planned. The revision to the statute was passed by the NCGA last year and along with other minor changes, extended the law’s effective date to July 1, 2021. The UDO will need to be updated to reflect the new statute by that date. Staff saw the mandatory update as an opportunity to incorporate a few technical fixes to make sure that the tools of the UDO continue to work the way they are intended. The amendment is comprised of the state law update component to bring the UDO into compliance with NCGS Chapter 160D and an ongoing maintenance component to update various provisions of the code that have been identified over the past several months. Regarding the state law update, New Hanover County is already in NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 3, 2021 PAGE 89 compliance with most of the changes required by the new law, but there are six significant areas where the current code will need to be amended, as well as some minor changes: 1. Removal of Conditional Use District (CUD) zoning and automatic conversion of existing CUD districts to Conditional Zoning (CZD) districts 2. Establishment of a preliminary forum for the Planning Board’s review of special use permits as the law clarifies the Planning Board’s role does not include a quasi-judicial hearing 3. Update to require the applicant’s written consent of all conditions of approval 4. Clarification of who has authority to apply for straight rezonings or text amendments that reduce the allowable uses or density of property 5. Clarification of existing policy regarding permit choice and vested rights, and align Tree Removal Permit with minimum vesting period established by law 6. Assignment of subdivision variances to the Board of Adjustment and clarification of voting requirements for Reasonable Accommodations 7. Minor amendments which include: a. Additions or modifications to definitions and terms to align with state law b. Updated references to existing statutes that have been relocated c. Incorporation of state and federal maps by reference to the most recent officially adopted versions d. Clarification that Staff cannot change the use or density of approved conditional rezonings, master planned developments, or special use permits e. Update to require the revocation of approvals to follow the same review and decision process that is required for the original approvals The ongoing maintenance component to update various provisions of the code include size updates: 1. Modification to allow architectural metal paneling on self-storage facilities in high visibility areas 2. Modernization of acceptable green building certification programs in the Exceptional Design (EDZD) Planned Development District and the designation of the EDZD district as a legacy district 3. Clarification that multi-family site design standards apply in multi-family districts 4. Refinement of sizes for required landscape plantings to improve viability, allow for a greater range of species, and coordinate with tree mitigation standards 5. Update to definitions to align them with recent state law and text amendments or for clarification based on Staff’s past interpretations 6. Modification of flood ordinance provisions to better align with National Flood Insurance Program (NFIP) requirements for nonstructural fill 7. Correction of a transfer error regarding the minimum lot area for duplexes in the R-20 district 8. Alignment of the uses identified in the separation requirements for Adult Entertainment Establishments with the use terms listed in the Principal Use Table Mr. Little concluded the presentation stating that the Planning Board heard this request at its April 1, 2021 meeting and recommended approval (5-0), finding the amendment to be consistent with the Comprehensive Plan. Chair Olson-Boseman announced that no one signed up to speak in favor or in opposition to the request, closed the public hearing, and opened the floor to Board discussion. Commissioner Barfield stated that regarding the special use process, it appears the transparency is not leaving as it relates to applicants making the presentation before the Planning Board. He would encourage people who want to come before the County Commissioners to go through the full rigor and process of at least making the presentation to the Planning Board to receive its direction on what is felt needs to happen. It will also keep the transparency and provide the second layer with the public to give them confidence in knowing they have one or two opportunities to speak to a particular issue. Otherwise, he does not see any negatives on this other than not having the Planning Board's recommendation. Planning Board representative Paul Boney stated this is mandated by the state and there is really no choice. The Planning Board would ask that applicants to present to it like they currently do rather than holding back on the presentation until they are before the County Commissioners. The Planning Board voiced that concern, but this is now a state law. Vice-Chair Hays stated the County Commissioners welcome the advice, counsel, and guidance of the Planning Board. She personally feels the Planning Board members’ skillsets and knowledge base on planning items is much revered and she would strongly encourage applicants to go through the full process. Commissioner Zapple stated for those who are not familiar with the County’s planning process, it starts with County staff and then the heavy lifting is done by the Planning Board. A lot of the success that New Hanover County has had is the direct result of the multiple hours that go into the work provided by the Planning Board members and the members do a tremendous service. It is important for the success of this entire community to have the conversations and that the developers fully understand the importance and the guidance that they get through the Planning Board. While he recognizes that other counties do not have a comparable situation, this Board relies heavily on the work of its Planning Board. It is fully anticipated that the business community and the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 3, 2021 PAGE 90 development community will continue to make use of this tremendous benefit. He further understands that the County Commissioners will have the advantage of staff being able to make some types of recommendations moving forward through the planning process on issues and projects that come forward. He is pleased to know that because the development issues are increasingly complicated, and recommendations of any sort will help the Board. Hearing no further discussion, Chair Olson-Boseman asked for the Board’s direction on the request. Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Barfield, to approve the proposed amendment to the New Hanover County Unified Development Ordinance that updates the ordinance for compliance with North Carolina General Statutes Chapter 160D and performs technical fixes to various identified provisions throughout the code. The Board finds it to be consistent with the purpose and intent of the 2016 Comprehensive Plan because it aligns the County’s land use and development standards and procedures with recent changes in state law and advances the County’s efforts to ensure the tools in the code continue to work as they are intended. The Board also finds approval of the proposed amendment reasonable and in the public interest because it brings the New Hanover County Unified Development Ordinance into compliance with state law and allows for clear and consistent administration of the code. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED FEBRUARY 3, 2020 and is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 4.9. PUBLIC HEARING AND APPROVAL OF A REQUEST BY TOWERCO 2013, LLC, ON BEHALF OF THE PROPERTY OWNER, CORNELIA NIXON DAVIS, INC., FOR A SPECIAL USE PERMIT FOR A WIRELESS SUPPORT STRUCTURE WITHIN A (CUD) R-20 RESIDENTIAL DISTRICT, LOCATED AT 719 CHAMP DAVIS ROAD (S21-02) 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. Ken Vafier Karen Kemerait Charles Long Rebekah Roth David Hockey Paul Boney David Smith Chair Olson-Boseman further stated that a presentation will be heard from staff and then the applicant group and the opponent’s group will each be allowed fifteen minutes for presentations and an additional five minutes, if necessary, for rebuttal. She then asked Planning Manager Ken Vafier to start the presentation. Planning Supervisor Ken Vafier presented the request by TowerCo 2013, LLC, on behalf of the property owner, Cornelia Nixon Davis, Inc., (The Davis Community) for a special use permit (SUP) for a wireless support structure within a (CUD) R-20 Residential District, located at 719 Champ Davis Road. The site is a 12-acre parcel which was a part of The Davis Community expansion that was approved via conditional use rezoning in the summer of 2020. The site is in the northeastern portion of the County, specifically in the Porters Neck area and is just east of the roundabout connecting Porters Neck Road, Edgewater Club Road, and Shiraz Way. The Davis Community is a senior living community originally established in 1966. Since its establishment, the campus has continued to expand in size and scope using a combination of rezonings, SUP approvals, and minor and major modifications to the approvals. In June 2020, The Davis Community received approval of a conditional use rezoning to further expand the facility, which included a stormwater infiltration basin and wetland conservation areas on the subject tract. As of the previous agenda item the zoning designation is now conditional R-20, and this request is to add an additional principal use in this district. Nevertheless, wireless support structures are permitted by SUP in all zoning districts except for I-1 and I-2 districts which are permitted by-right. Mr. Vafier then provided an aerial overview of the site noting that the existing land use pattern is largely single-family detached. Plantation Village, an adjacent senior living complex, lies directly to the east. He then reviewed the area of the main/historic campus which has expanded over the years and the additional area approved in the 2020 rezoning consisting of 32 duplex units, central services building, independent living facility, wellness facility, and memorial garden. The existing stormwater retention pond was approved to be relocated as a new infiltration basin on the subject parcel as well as the areas of wetlands conservation. Currently, there are three cellular antennae supporting AT&T, T-Mobile, and Verizon located on a water tank in the center of the main campus. To complete the planned expansion, the water tank is proposed to be decommissioned and removed. To maintain and improve cellular coverage in the immediate area, the applicant is proposing to relocate the antennae on a new 150-foot-tall monopole style tower with associated equipment storage and carrier lease areas within a 110-foot x 110-foot (12,100 square feet) leased area on the subject parcel. The tower height will total 155-feet with the inclusion of a five-foot tall lightning rod extending from the top of the 150-foot monopole structure. Cellular antenna will be placed at heights of 145-feet, 130-feet, and 120-feet, with space for an additional carrier to co-locate on the tower at a height of 110-feet. The tower will be situated within a 60-foot x 60- foot (360 square feet) fenced in area with buffers and landscaping meeting UDO requirements. Four carrier lease storage areas will be included within this area. Access to the tower site will be provided via a new 30-foot-wide access easement from Porters Neck Road, approximately 155-feet in length to the tower site. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 3, 2021 PAGE 91 Porters Neck Road is an NCDOT-maintained minor collector road. According to NCDOT, a driveway permit will be required for the proposed use. Photographic simulations from various vantage points in the immediate vicinity provided by the applicant are included in agenda packet and show the tower’s anticipated visual impact. As for compatibility with the surrounding area, currently, carrier antennae are located on the site on the existing water tank which is proposed to be removed. The relocation of these antennae to a new tower in a new location on the site is expected to maintain and improve cellular coverage in the area. The subject parcel does contain a significant amount of mature vegetation which will assist in mitigating visual impacts of the proposed tower. The vegetation is proposed to remain except for areas to be cleared for the stormwater infiltration basin, tower equipment area, and access easement. Again, the photographic simulations show the tower’s anticipated visual impact. The 2016 Comprehensive Land Use Plan classifies the property within the General Residential place type, where the intent is to provide opportunities for lower density residential development and supportive commercial, civic, and recreational development. While wireless support structures and other infrastructure are common in contemporary land development patterns, the Comprehensive Plan does not specifically address their location. However, the Comprehensive Plan’s implementation guidelines do aim to support business success, workforce development, and economic prosperity, and telecommunications infrastructure, when placed to best serve the needs of surrounding residents, business, and institutional uses, can help to advance those goals. 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. 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 findings of fact must be met with competent material and substantial evidence in the record or in testimony during this hearing. Staff has provided preliminary findings addressing each conclusion based on information provided to date, and the Board can modify, add, or otherwise amend these findings based on information provided during this hearing. For conclusion #1, the preliminary staff findings generally address utilities, fire protection, access, environmental features, and traffic. For conclusion #2, the findings address compliance with various UDO requirements governing wireless support structures which include setbacks and compliance with FCC regulations, signage, aesthetic impacts, landscaping, buffering, collocation, storage, and compliance with FAA regulations. For conclusion #3, the findings address existing site conditions, land uses, and references an impact analysis submitted by the applicant that finds that the proposal will have no significant adverse impact on adjoining or abutting properties. To date staff has not seen any evidence regarding decreasing property values. Conclusion #4 addresses compatibility with the surrounding area as well as the Comprehensive Plan. The Planning Board considered this application at its April 1, 2021 meeting and recommended approval (6-0) based on the preliminary findings of fact. Chair Olson-Boseman thanked Mr. Vafier for the presentation and invited the applicant to make remarks. Karen Kemerait, attorney with Fox Rothschild Law Firm, stated she was presenting on behalf of the applicants TowerCo 2013, LLC, AT&T, and The Davis Community and that she would be discussing the application for the new cell tower for AT&T, T-Mobile, and Verizon to continue providing coverage in the area. The application is for an SUP to construct a 150-foot monopole with a five-foot lightning rod, so the overall height is 155 feet. All three of the carriers, AT&T, T-Mobile, and Verizon, have their antennae located on the existing water tank. The water tank as part of the expansion of the facility at The Davis Community is going to have to be decommissioned and removed. When the antennas must be removed, there is a needed solution for where they will be to place the antennae in order to continue providing coverage in the area. She stated that to be clear, the only reason for the application submission for a new cell tower is because the existing water tank will no longer be usable for the coverage. The property owner, Cornelia Nixon Davis, Inc. owns the property where the community is located which is also the property where the new cell tower is going to be located. On June 15, 2020, the County Commissioners approved a conditional zoning request so that the main campus could be expanded to the adjacent parcel, which is approximately 18 acres and will allow for a 150-unit independent living facility and 32-assisted living duplexes. There will also be the infiltration basin to be constructed on the same parcel where the cell tower will be located, so the infiltration basin will be located on the northern portion of the parcel and then the cell tower will be relocated on the southern portion of the property. When it was determined that the water tank needed to be decommissioned and removed, TowerCo 2013 looked for a satisfactory solution for a new cell tower. She thinks the new site that was found is an excellent solution because the new tower will be located close to where the existing water tank is located. As such, the coverage will remain consistent with excellent coverage in the area. Another reason that the location is excellent is because the parcel where the cell tower will be located on the southern portion of the property is very heavily wooded. Due to NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 3, 2021 PAGE 92 the tall mature trees in the area, there will be a significant visual buffer with no visual impact whatsoever on the adjacent properties in the neighborhood. Also, because the parcel is 12 acres the tower will be located a significant distance from all the adjacent properties. It will be located 859 feet from the property to the north, 279 feet to the property to the east, 155 feet from the property to the south and 258 feet from the property to the west. Again, TowerCo 2013 will be leasing a small area of the property, a 110-foot by 110-foot area for the cell tower and the remainder of the property will remain as it is, which is wooded, and with the infiltration basin and not disturbed by the tower. AT&T will be located at the highest location on the tower at 145-feet, T-Mobile will be at the 130-foot position, and Verizon will be at the 120-foot position. The lowest position will be available for another carrier to come in and provide coverage in the area. This application is not important just for three carriers located on the tower, but it will also be important for FirstNet as it will be able to provide broadband coverage to the first responders in the area. Information has been provided in the application for FirstNet, which has entered a 25-year nationwide partnership with AT&T to build the first nationwide wireless broadband network for first responders during times of disaster, emergency, and daily safety work. Beyond what was required by the ordinance two balloon tests were performed, and a community meeting was held. Ms. Kemerait then provided an overview of the balloon tests showing how the tower will not be visible from almost all vantage points. One person did attend the community meeting. The person stated during the meeting that she wanted coverage to remain in the area and she was in full support of the tower and associated application. All the requirements of the ordinance have been met or exceeded for the technical and specific requirements for wireless communication facilities. The setback requirement has been met or exceeded, certifications have been provided that the emissions also comply with all federal and FCC standards, the buffer requirement will be met, and photographic simulation was also provided. Also provided in the application is information that the tower will not endanger the public health or safety. Wireless communications services are in great demand by counties and residents across the state as more and more people rely upon their cell phones and the services that are available. The tower will ensure that coverage will be continued in the immediate area. Again, the radio emissions will comply with all federal standards and requirements including FCC standards, and evidence has been provided that the tower will not substantially injure the value of the adjoining or abutting properties and that the use is a public necessity. Ms. Kemerait concluded her portion of the presentation reiterating that the tower is a public necessity to be able to continue to provide coverage in the area. Information has been provided that the location and character of the tower will be in harmony with the area, in general conformity with the Comprehensive Land Use Plan, that the tower is a low impact use, it will be an unmanned facility, it will not generate any noise, odor, light, and little traffic, and it will fit in well with the residential area. She further stated that David Smith was present to provide expert opinion that the tower will not injure the value of the adjoining or abutting properties and will be in harmony with the area. David Smith, a North Carolina Certified General Real Estate Appraiser with David A. Smith & Associates, stated that he was asked to do an impact analysis of this property which has been included in the agenda packet. He analyzed properties that were right next to the cell tower, versus those that were further away. He also looked at the properties that could see the tower and those that could not see the tower. He also reviewed a cell tower that is in the southern portion of the County that is the same height as the proposed tower in this application. Based on his analysis there is no significant difference because there is a cell tower close to the subdivision and as such, he does not think it will have an adverse impact on the current subdivision. Ms. Kemerait concluded the presentation stating that no concerns have been received from any neighbors concerning the cell tower. Chair Olson-Boseman announced that no one signed up to speak in favor or in opposition to the request, closed the public hearing, and opened the floor to Board discussion. Commissioner Barfield expressed appreciation for the replacement of the existing tower with new amenities. It is a definite need in the area and surrounding communities to have adequate coverage. This is something that is relatively routine as the Board has approved several cell phone towers throughout the County to make sure there is adequate coverage. He stated that at the appropriate time he would move the item for approval. In response to Board questions, David Hockey with TowerCo 2013, stated that existing tank is about 130- feet in height. The carriers are mounted at various heights, but the majority are at the 120-foot level. The new tower will be an improvement as far as coverage in the area due to being 150-feet in height. Hearing no further discussion, Chair Olson-Boseman asked for the Board’s direction on the request. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield, to approve the Special Use Permit as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. 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 88. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, MAY 3, 2021 PAGE 93 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 Chair Olson-Boseman thanked the Commissioners for their hard work during this budget season. She thinks the next year is going to be the most important year in education. She believes that by the County investing in teachers it is also investing in its students next year. She thanked the Commissioners for joining her in making sure that the teachers can be paid what they deserve to be paid and that students are going to have the education New Hanover County and they deserve to have. They deserve to have the number one education in the state, and she is excited to hear Dr. Foust explain how it will be accomplished. She reiterated her appreciation for everyone’s hard work during this time. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 5:16 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.