Loading...
2021-08-02 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 158 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on August 2, 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. COVID-19 UPDATE Health and Human Services Director Donna Fayko provided an update on the state of the County as it relates to COVID-19:  COVID-19 Update:  State of the County: Total Positive Cases 20, 530 Recovered 19,710 Active 641 Hospitalized 54 NHC residents 22  Female: 54%; Male: 46%  6.3% daily positivity rate  Weekly trend report for July 3, 2020 to July 29, 2021:  Weekly trend report for June 18, 2021 to July 29, 2021:  Daily specimen report for June 30, 2021 to July 29, 2021:  Deaths: Female: 77; Male: 102  Total NHC residents = 179  87% (155 people) were older than 65  Vaccination Updates: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 159  Delta Variant:  Classified by the Centers for Disease and Control Prevention (CDC) as a variant of concern:  Evidence of increased transmissibility  Evidence of increased disease severity  More contagious than other variants of the virus  Accounting for 83% of new cases nationwide, more than 80% in NC  On average, a person infected with the Delta variant can spread it to six people compared to two to three people with earlier strains  May cause more serious disease than other variants:  Increased number of cases with more serious illness have the potential to strain our health care system.  Infections happen in only a small proportion of people who are fully vaccinated, even with the Delta variant. However, preliminary evidence suggests that fully vaccinated people who do become infected with the Delta variant can spread the virus to others.  All three of the vaccines available in the US are effective against Delta:  Vaccination is the best protection.  Guidance from CDC:  You should be vaccinated regardless of whether you already had COVID-19. Experts do not yet know how long you are protected from getting sick again after recovering from COVID-19.  To reduce their risk of becoming infected with the Delta variant and potentially spreading it to others: CDC recommends that fully vaccinated people:  Wear a mask in public indoor settings if they are in an area of substantial or high transmission. Per the CDC, New Hanover County is an area of high transmission (as of 7/31/21) and the counties that surround us are areas of high transmission.  Get tested three to five days following a known exposure to someone with suspected or confirmed COVID-19 and wear a mask in public indoor settings for 14 days after exposure or until a negative test result.  Outdoor activities pose minimal risk to fully vaccinated people. In response to Board questions, Assistant Health Director Carla Turner stated that she does not think the th increase is due to July 4. With an increase in vaccination rates an increase in breakthrough cases will be seen. However, for the most part those cases are very mild. The County has had some breakthrough cases and that group is being tracked. Chair Olson-Boseman thanked Ms. Fayko for the update. APPROVAL OF CONSENT AGENDA Chair Olson-Boseman requested a motion to approve the Consent Agenda as presented. Commissioner Zapple requested that Consent Agenda Item #6 Approval of Emergency Rental Assistance Program (ERAP) be removed from the Consent Agenda for further discussion and consideration. Hearing no further discussion, Chair Olson-Boseman asked for a motion to approve the remaining items on the Consent Agenda as presented. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 160 Motion: Commissioner Zapple MOVED, SECONDED by Chair Olson-Boseman 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 July 13, 2021. Adoption of National Immunization Awareness Month Proclamation – Health and Human Services The Commissioners adopted a proclamation to recognize August 2021 as “National Immunization 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 9.1. Adoption of Child Support Awareness Month Proclamation – Health and Human Services The Commissioners adopted a proclamation to recognize August 2021 as “Child Support 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 9.2. Approval of Conveyance of Qualifying Parcels to a Registered Nonprofit for the Purpose of Constructing Workforce Housing – Planning and Land Use The Commissioners approved the conveyance of 522 McClure Circle (R-10; 0.73 acres; former CFPUA site), 237 Buff Circle (R-15; 0.49 acres; former CFPUA site), and 241 Buff Circle (R-15; 0.41 acres; former CFPUA site) to Cape Fear Habitat for Humanity for the purpose of constructing workforce housing. Approval of Charge of 2021 Levy – Tax The Commissioners approved the Charge of 2021 Levy and directed the Tax Collector to collect the taxes charged in the tax records and receipts for 2021. A copy of the 2021 Charge of Levy is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 9.3. Adoption of Budget Amendment - Budget The Commissioners adopted the following budget amendment amending the annual budget ordinance for the fiscal year ending June 30, 2022: Juvenile Services 22-002 A copy of the budget amendment is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 9.5. Discussion and Approval of Emergency Rental Assistance Program (ERAP) – Health and Human Services In response to Board questions, Social Services Director Tonya Jackson provided a brief overview of the ERAP. She explained that the first disbursement of funds received was for $7,072,025 and those funds have been disbursed. To date, 1,787 applications have been approved for this program. The assistance being provided will be in the form of past due rent payments, utilities, water, and internet service to support distance learning, telework, and telehealth. At this time applications are not being accepted as the department is waiting for the second disbursement of funds. Once those funds have been received, applications will again be accepted. There will be another media campaign once the second disbursement is received. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple to approve Consent Agenda Item #6 Approval of Emergency Rental Assistance Program (ERAP) Grant Project Ordinance and adopt Budget Amendment 22-003 as presented. Upon roll call vote, the MOTION CARRIED UNANIMOUSLY. Copies of the ordinance and budget amendment are hereby incorporated as part of the minutes and are contained in Exhibit Book XLIII, Page 9.4. REGULAR ITEMS OF BUSINESS CONSIDERATION AND ADOPTION OF THE PRELIMINARY ASSESSMENT RESOLUTION FOR THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION (NCDOT)-REQUIRED IMPROVEMENTS TO WILLIAM LOUIS DRIVE FOR INCLUSION INTO THE NCDOT ROAD MAINTENANCE SYSTEM Deputy County Manager Tim Burgess and Chief Financial Officer Lisa Wurtzbacher presented the following information:  William Louis Drive Road Improvements – Preliminary Assessment Resolution: NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 161  Project Description:  Petition of at least 75% of property owners and linear feet received  Road improvement to William Louis Drive from Cheryl Lane to Brandy Court  Brings road up to NC Department of Transportation (NCDOT) standards  NCDOT has agreed to take over road once improvements are complete  Benefited Properties:  Estimated Project Cost:  Total estimated cost (improvements $47,816 + costs incurred by the County): $50,000  Lots to be assessed: 26  Estimated assessment per lot: $1,923  Timeline:  Preliminary resolution: August 2, 2021  Public hearing and final resolution: September 7, 2021  Project completion: October 2021 (subject to change)  Determination of cost: November 2021 (based on project completion)  Public hearing and final assessment roll: December 2021 (based on project completion) In response to Board questions, Mr. Burgess stated that this is the first time the County has done this type of assessment. There is another neighborhood interested in following the process. As it pertains to this request, the road was privately maintained and over time went into disrepair. The neighbors came together to make the request of the County. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Vice-Chair Hays MOVED, SECONDED by Chair Olson-Boseman to adopt the preliminary assessment resolution as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the resolution is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 9.6. CONSIDERATION AND ADOPTION OF AMENDMENT TO THE NEW HANOVER COUNTY CODE CHAPTER 23 ENVIRONMENT Deputy County Manager Burgess presented an overview of the request, which is the penalty phase of both the County’s nuisance and litter ordinances. The New Hanover County Sheriff's Department is charged with enforcing the nuisance and litter ordinances in the County. It has been found that the County has a lot of repeat offenders, but there is also a lot of illegal dumping. The proposed amendment to the County ordinances is that in addition to the Sheriff's Department, the Environmental Management Department will also be able to issue citations. Currently, only the Sheriff's Department is allowed to issue citations. Additionally, the ordinances are currently written to have fines staggered at $100 for the first violation, $400 for the second violation, and $500 for the third violation. The request is to also add an $800 penalty civil penalty for the fourth and subsequent violations under both the litter and nuisance ordinances and a bulk content violation. The bulk content violation would be a civil penalty of $1,000 if anyone dumps five cubic yards or more of any debris trash, derelict structures, vehicles, boats or household or commercial items, demolition material, chemicals, or vegetation. The amendments to the County ordinances would provide the Sheriff’s Office and others working on the issue more tools to be able to combat the problems within the County. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Chair Olson-Boseman MOVED, SECONDED by Commissioner Zapple to adopt the amendment as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the amendment to the New Hanover County Code Chapter 23 Environment is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 9.7. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 162 CONSIDERATION AND APPROVAL OF THE 2020 ANNUAL TAX SETTLEMENT Tax Administrator Allison Snell stated that it is a requirement to present to the Board on an annual basis the tax settlement for the fiscal year end for the County’s general fund. She presented the following information regarding the 2020 annual tax settlement:  New Hanover County Tax Administration 2020 Annual Tax Settlement:  Per N.C. General Statute 105-373 the Tax Collector must make a report of settlement for the Fiscal Year 2020-2021 and prior years.  New Hanover County 2020 Levy:  Five-year comparison:  Fire District 2020 Levy:  Fire District Five-Year Comparison: Hearing no further discussion, Chair Olson-Boseman thanked Ms. Snell for her presentation and asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Commissioner Zapple, to approve the 2020 Annual Tax Settlement. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the report is available for review in the Tax Department. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 163 PUBLIC HEARING AND APPROVAL TO SUBMIT A JOINT APPLICATION WITH THE CITY OF WILMINGTON TO THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FOR 2021 FUNDING FROM THE U.S. DEPARTMENT OF JUSTICE Chair Olson-Boseman announced that the JAG program provides states and local governments with funding necessary to support law enforcement, prosecution prevention and education programs, community corrections, drug treatment and enforcement, crime victim and witness initiatives, planning, evaluation, and technology improvement programs. She opened the public hearing and invited Chief Deputy Ken Sarvis, with the New Hanover County Sheriff’s Office, to make his presentation. Chief Deputy Ken Sarvis provided an overview of what the County’s portion of the funding would be used for and stated that this a grant that the New Hanover County Sheriff’s Office applies for each year with the City of Wilmington. It is a joint allocation to receive the grant in the total amount of $86,805; New Hanover County will receive $43,403 and the City of Wilmington will receive $43,402. There is no local match requirement. Chair Olson-Boseman thanked Chief Deputy Sarvis for his comments. Hearing no further discussion, Chair Olson-Boseman stated that no one signed up to speak in favor or in opposition to the matter, closed the public hearing, and asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Hays, to approve the Sheriff's Office to submit a joint application for the 2021 JAG Grant with the City of Wilmington, and authorize the County Manager to execute the required County/City Memorandum of Understanding. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of the Certification and Assurances for the Assistance Grant Program and the Memorandum of Understanding is available in the legal department. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY TDR-HL, LLC, APPLICANT AND PROPERTY OWNER, TO REZONE APPROXIMATELY 62.77 ACRES OF LAND LOCATED AT 1308 CROOKED PINE ROAD FROM R-15, RESIDENTIAL DISTRICT, TO PD, PLANNED DEVELOPMENT DISTRICT, IN ORDER TO DEVELOP A MIXED-USE PROJECT (Z21-08) Chair Olson-Boseman opened the public hearing and requested staff to make the presentation. Planning Supervisor Ken Vafier presented the request by TDR-HL, LLC, applicant and property owner, to rezone approximately 62.77 acres of land located at 1308 Crooked Pine Road from R-15, Residential District, to PD, Planned Development District, to develop a mixed-use project utilizing the PD district and process described within the Unified Development Ordinance (UDO). The site is in the northeastern portion of the County in the Murrayville area, on approximately 60 acres between the existing terminus of Murrayville Road and the Military Cutoff extension corridor which is under construction. The property is currently within an R-15 district, which is representative of the larger general zoning designation in this area of the County that was applied in the 1970s. Mr. Vafier provided an overview of the site stating that the existing land use pattern generally consists of single-family detached homes to the southwest and south, except for the Hanover Reserve townhomes approved in 2020, and the largely undeveloped properties of Greenview Ranches to the west, north and east. The property is bisected by the Military Cutoff corridor and includes three areas to the east of the corridor along a planned service road but does not include a four-acre parcel to the southeast. The subject site is a continuation of property developed as Hanover Reserve which also consists of the Sanctuary at Hanover Reserve (172 homes) and the Hanover Reserve townhomes. PDs are often used for larger, multi-phase projects or integrated projects with longer anticipated buildouts. This approach is intended to balance providing flexibility so a project can adapt to changes in market conditions while providing a clear expectation of future development for stakeholders and adjacent property owners. A key feature of this proposal is the extension of Murrayville Road by the developer from its current end approximately a quarter mile eastward, where it would intersect with the Military Cutoff extension. This extension would create three master-planned areas within the subject site centered around a mixed-use core along a neighborhood streetscape fronting the Murrayville Road extension. A proposed roundabout and additional access points are planned along this segment of the roadway to provide internal interconnectivity to other portions of the development. On the north side of the Murrayville Road extension, approximately 14.37 acres fronting the roadway is planned for a mix of uses including commercial, multi-family residential, and senior living. An additional 18.26 acres north of this area is planned for residential development and senior living consisting of approximately 312 units in a range of housing options at a maximum density of 17 dwelling units per acre (du/ac). On the south side of the Murrayville Road extension, approximately 7.41 acres adjacent to the roadway is planned for a mix of commercial and multi-family residential. An additional 8.54 acres south of this area is planned for a maximum of 60 townhomes at a density of seven du/ac, providing a transition from the mixed-use areas along the Murrayville Road extension to single-family detached portions of Hanover Reserve south of the subject site which have been previously approved. On the eastern side of the Military Cutoff extension, four areas totaling 19.57 acres are planned for either residential or commercial development to provide flexibility in adapting to market conditions. Specific uses and area totals for commercial development were listed for study in the Traffic Impact Analysis (detailed in the TIA section of the report). The proposed commercial development in the TIA scope consists of just under 300,000 total square feet of non-residential development. The proposal contains a maximum of 473 residential units throughout the subject site and 372 units are NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 164 proposed with a range of housing products on the western side of Military Cutoff extension. The remainder of residential units may be spread throughout the other areas identified as residential or mixed-use on the master plan but will not exceed the proposed maximum. The total density equates to 7.54. Building heights in the solely residential areas of the master plan (Sections A and D) are proposed at a 65-foot maximum in Section A (approximately four stories) except for the planned townhomes in Section D, where a 35-foot maximum (approximately two stories) is proposed. Building heights in the commercial and mixed-use areas of the master plan (Sections B, C, E, F, G) are proposed at an 80-foot maximum (approximately six stories) except for buildings adjacent to the periphery of the site, where a 60-foot maximum is proposed. The PD district allows for 80-foot maximum building heights in Community Mixed Use where fronting along a collector or arterial street. Approved PD master plans typically utilize this flexibility when constructing the final number of residential units and amount of commercial space, so long as approved maximums are not exceeded, and the general location of areas designated for a specific development type are not altered. Staff reviews any proposed modifications from the approved master plan in accordance with UDO’s guiding parameters on minor deviations from approved plans to ensure compliance with the approved plan, uses, and conditions. Permitted residential uses in the residential or mixed-use areas on the site plan would include any residential use permitted in the UDO’s principal use table with the exceptions. Permitted uses in the mixed-use and commercial areas are those that are included under the Commercial Use category in the Principal Use Table of the UDO. In addition, the applicant has proposed that certain institutional, educational, healthcare uses, and limited industrial/light manufacturing uses could also be permitted in these areas. The proposal does except out the uses of animal shelter, kennel, vehicle towing service and storage yard. Mr. Vafier provided an overview of the proposed terms and conditions of PDs, which detail any conditions of approval or proposed modifications to development standards. The proposed terms and conditions generally address uses, densities, and building heights shown on the plan. PDs are also required to identify the compensating community benefits of the proposed project that help achieve the stated goals of the district. Mr. Vafier also reviewed the proposed compensating community benefits. Access to the site will be primarily by the planned extension of Murrayville Road, which is an existing NCDOT maintained minor collector street, as well the Military Cutoff extension upon completion, which is currently classified as a NCDOT principal arterial street. Additional vehicular access points are proposed along the Murrayville Road extension to provide internal connectivity within the development. These connections and any other required external connections to adjacent properties will be required to be shown on preliminary plats at the time of specific site plan approvals through the Technical Review Committee (TRC). The Traffic Impact Analysis (TIA) analyzed multiple intersections, both existing as key connections to North College Road, Gordon Road, and Market Street, or planned to intersect the Military Cutoff extension, near the vicinity of the project. While the final constructed master plan may not ultimately align exactly with what was scoped in the TIA, the proposal is intended to provide additional flexibility in housing, location, and building type and would not result in changes that exceed the scale and trip budget of what was studied, according to the applicant. TIAs are required to be completed for certain submittals including master planned projects where anticipated trip generation exceeds 100 peak hour trips to assess trip generation, impacts to studied intersections, and to identify potential roadway improvements. The TIA for this project has been completed and approved by the WMPO, and the applicant has been in discussions with NCDOT and WMPO staff regarding the required roadway improvements described in the approval letter. At this time the roadway improvements would not necessitate any fundamental re-design of the master plan. Mr. Vafier reviewed the trip generation estimates for the three planning areas, which are adjusted to account for internal capture and pass by-trips. The Cameron Trace TIA is included within the vicinity and period with which staff considered in the analysis. It is fully built out and the improvements have been completed. He also provided an overview of the State Transportation Improvement Projects (STIP). Other area subdivisions under development include Covey Commons and the Hanover Reserve townhomes approved in the 2020 rezoning, which remain to be built out. Representative developments of the R-15 district include Plantation Landing, Grayson Park, and Clay Crossing. The typical R-15 performance development consists of single-family detached lots about 1/3 acre or slightly less developed at 2.5 units per acre. Other PDs constructed in the County consist of River Bluffs and Northchase. Based on the current generalized student generation rate, the increase in homes would result in approximately 69 additional public school students than would be generated under current zoning. The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Student enrollment numbers remained relatively stable between 2015 and 2020 while 14,500 new residential units were permitted across the County. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the recent New Hanover County Schools (NHC) Facility Needs Study. The proposal is expected to reach full build-out by about 2030, and as such, it is anticipated that this incremental increase of additional students into the schools will be able to be accommodated through future facility planning and planned capacity upgrades. A recent facility needs survey that has been prepared by NHC Schools indicates that based on student growth projection rates and school capacity data, planned facility upgrades will result in adequate capacity district wide over the next 20 years if facility NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 165 upgrades are funded. Typical upgrades can consist of the addition of mobile units, staggered scheduling arrangements, specialty high schools, and of course new facilities. As for context and compatibility, while the area was zoned for low density housing in the early 1970s, the 2016 Comprehensive Land Use Plan (Comprehensive Plan) recommends a mixture of commercial uses and residential densities ranging from eight to 15 dwelling units per acre. The extension of Murrayville Road to Military Cutoff extension is included in the WMPO 2045 Metropolitan Transportation Plan (MTP) and is anticipated to be utilized as a significant east/west collector road between the Castle Hayne and Murrayville areas. In addition, it is anticipated that the completion of roadway projects in this area may aid in alleviating traffic along Market Street, Gordon Road, and other local roadways as motorists have additional routes to reach their destination in the northern portion of the County. These roadway infrastructure improvements are also anticipated to facilitate access to sites east of Military Cutoff extension which currently have limited access. In addition, the extension of Murrayville Road further east toward Market Street is recommended in the 2045 MTP, which also includes improvements and an extension of Plantation Road eastward to Market Street in the Porters Neck area. The proposed master plan establishes a new mixed-use node centered around the intersection of Murrayville Road extension and Military Cutoff extension. This would make commercial services available to nearby residents without having to travel to existing services along Market Street, North College Road, and further south on Military Cutoff. The proposed master plan would also provide a range of housing options in this area of the County which is predominantly single-family detached residential. Mr. Vafier reviewed the strategic plan compliance. The 2016 Comprehensive Plan classifies the property within the Community Mixed Use place type which is intended to promote the development of commercial services and moderate to high density residential development (approximately eight to 15 units per acre). The proposal is consistent with the Comprehensive Plan as it provides for the types and mixture of uses recommended in the Community Mixed Use place type, the residential densities are in-line with those recommended within the place type, and the project will develop a new commercial node in close proximity to nearby residents. Residents in the immediate vicinity of the subject site and within the larger residential area in this portion of the County are closest to goods and services at the commercial node located at the intersection of Murrayville Road and North College Road, the eastern segment of Gordon Road, and along the Market Street corridor. By adding mixed-use zoning to the subject site, commercial services would be located within this larger residential area and access would be provided directly from the Murrayville Road extension and Military Cutoff extension. The proposal would provide commercial services closer to the surrounding residential housing, reducing travel time to these services and alleviating congestion along the internal local street network. The Planning Board considered this application at its July 8, 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 said condition. 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 place type, the residential densities are in-line with those recommended within the place type, and the project will develop a new commercial node in close proximity to nearby residents. The Planning Board also found approval of the rezoning request to be 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. The proposal also provides a transition from a mixed-use node to adjacent single-family residential neighborhoods, additional access points to properties east of Military Cutoff extension, and extension of water and sewer services which will allow for integrated planning for future community services. Chair Olson-Boseman thanked Mr. Vafier the presentation and invited the applicant to make remarks. Allison Engebretson with Paramounte Engineering and representing the property owner and applicant, TDR-HL, LLC, stated that the request is several years in the making, dating back to 2011. Military Cutoff does bisect one single parcel of land which is about 63 acres. With that bisection, there were subsequent conversations about how it would affect the parcel. There was a negotiation to have a control access break in the fence so that Murrayville Road could extend and hit the new Military Cutoff extension. Military Cutoff extension is not just the road that connects all the way across the property but is also the service road that connects back to Plantation Road which is currently undeveloped. The project is located between I-140, Market Street, Gordon Road, and I-40. It is almost in the center, which makes it a great geographic location for something that is a mixed-use development. It is also at the back of a large variety of homes, but adjacent to a bunch of undeveloped land. The thing that makes all this possible is the extension of Murrayville Road to the Military Cutoff extension. It is an expensive road and not something that is easily achievable by just doing residential development. It is why the commercial corridor is the core of the development and is what helps pay for the road. It is a benefit in being able to connect to Military Cutoff and then provides advantages to the overall community. It is envisioned that there will be a nice streetscape both for vehicles and pedestrians. There is a mixed used path planned by NCDOT and the proposed project will bring a sidewalk path along Murrayville Road and hopefully help to connect into Ogden Park and all the way out to Wrightsville Beach. The project is not only about commercial and mixed use. There are some areas slated on either side of the commercial portion to help transition down from that area into what is a lesser intense surrounding, developed, and undeveloped area. Ms. Engebretson provided an overview of the plans for a multifamily or senior living neighborhood and a townhome neighborhood. The part of the development that is cutoff by Military Cutoff is the NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 166 part that is least known what will happen and will be dictated by market conditions. The area is slated for either residential or commercial. The size of the parcels would promote commercial as the access to Military Cutoff certainly promotes commercial use. It is the applicant’s intention at this time to do that. The location of the proposed development could bring people along Murrayville Road, taking them to Military Cutoff extension and extending them on to I-140. The project is also part of a larger planning effort. The Cape Fear Moving Forward 2045 Plan shows the subject parcel as part of the key link for the Murrayville Road extension. Eventually it will be a major east-west corridor in northern New Hanover County. The project is a great stopping point along the way. As to community benefits the project will:  Provide new mixed-use node that provides goods and services closer to existing residents  Give residents another location to obtain everyday goods and services other than Market Street and North College Road  Increase interconnectivity in the area and allows for easy access to Military Cutoff and I-140  Provide a transition between the Military Cutoff extension and existing single-family housing  Provide a variety of housing types identified as a need in this community Ms. Engebretson stated the project will give everybody options and hopefully a range of commercial options. It will not just be about going to eat at one place or going to one grocery store. It is supposed to be an integrated community with a cohesive design so people can stop and stay a while, walk to shops, and participate in some of the recreational activities, internal parks, courtyards, etc. The hope is that the project will increase interconnectivity not only within the development but also for the other reasons she previously stated. It is a transition that creates its own transition from commercial to the single family and develop plans surrounding it. It also offers the much needed variety of housing types, especially in this area of the County. There are many single family homes in the area of the site, but few townhomes or other options. Also, through a study of the non-residential area the following the fiscal benefits are anticipated when the site is fully built:  New permanent jobs created by this development: 528  NHC overall real property tax base by $118.2 million  NHC commercial property tax base by $61.6 million  Generate annual NHC property tax revenue of $715,000  Generate total annual NHC revenues of $1.8 million Ms. Engebretson noted that a portion of sales tax associated with the commercial piece of the development, which allocates school capital, will help the overall community to have sales tax collected from the businesses located there. It is felt the request is smart growth. In response to Board questions, Ms. Engebretson stated as it relates to drainage of the site, the plan being presented is a bubble plan, which is an allocation of uses at this point. If the request is approved, there is a detailed effort that the applicant will need to go through, which includes looking at the drainage patterns. The history of the site and its problems and challenges are known and understood. It is not something that cannot be handled, stormwater ponds will be installed, and drainage systems will be implemented. Runoff will be captured, treated, and in compliance with state and local standards. As to why a conditional district was not applied for, Ms. Engebretson stated that in review of what the future plans are for the site, a PD affords a great deal of flexibility but in more detail, it is about timing. Military Cutoff is currently going to come online early 2023 and as such, the project cannot be permitted, and construction cannot begin before that time. However, there are some things that have to be done in planning. Due to the pandemic, it is difficult to say for sure that there will be 300,000 square feet of commercial and what it will look like. In discussions with the developers, they felt the PD was the way to go as it affords a great deal of creativity that sometimes cannot be obtained in a conditional zoning district. There are a lot of things that have to be planned in and shown in a rigid way that allows a PD the ability to find the right way to integrate. A key point to the project is along Murrayville Road extension. The plan is for a creative integration of courtyard spaces and multi-use paths and some things that cannot be obtained in a typical 60-foot right away. There is also a sidewalk and the required foundation plantings. As part of the details of the terms and conditions, specific language has been built in that allocates what the applicant’s intent is and how to install it. Regarding housing square footage dedication and Parcel D, Ms. Engebretson stated that Parcel D is an oddly shaped lot that is a residual piece of land when NCDOT came through with Military Cutoff and needed a place to take the drainage. A portion of the parcel has a drainage easement through it and right beside it and housing will not be developed in that area. It is merely just a conveyance of stormwater and is located adjacent to an existing pond. It makes an easy transition in the existing Hanover Reserve neighborhood. The parcel designated for senior living or multifamily is about 18 acres and is a typical multifamily development size. It is intended to be integrated into the community. While being shown as a very hard line on the map, it is intended to have a network of roads, sidewalks, etc. that integrate into the commercial development next door. It also will provide some parks for those people and its own stormwater. Again, it is a typical size and is a clustered development density of people in that area. It is felt it will be handled nicely and integrated well. She reconfirmed the du/ac is up to 17. The overall density of the project is not at 7.54, and she believes this part is the largest, most dense area of the planned residential area. However, there is also the indication that there will be some mixed use in the commercial area and then townhomes across the way. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 167 Regarding the commercial square footage and 102,700 being reserved for mini warehouse, Ms. Engebretson stated that the amount was reserved largely so the traffic can be studied properly. Market conditions are reviewed and what is going on in the area will inform the decisions. At the time the planning process started two years ago, it did look like mini storage was a very likely use of the land. 102,000 square feet is typical for climate controlled storage. Again, it really was a function of identifying a very popular need or use at the time. It is not the focus of the development. The focus of the development is to have nice integrated commercial along that corridor at the Murrayville Road extension. As to the 473 dwelling units, how the units will connect into the other neighborhoods, and the impacts on the schools, she explained that she cannot control outside the bounds of the project. However, what is different about the project from the other is that it is a mixed-use project. It is more of a contribution back to the community than the average development in that while it does have the 473 dwelling units in it, there is also the greater commercial section of the development which creates a sale tax base. As pointed out earlier, it is about the sales tax that is allocated towards schools and the ability to contribute. Furthermore, there may be fewer children in the neighborhood. The average rule of thumb number that is being used when planning these sorts of things, is one child per every six units instead of a single-family neighborhood where you plan for every household to have a child. As such, it is felt that this has less impact overall in that way. In response to Board questions, Mr. Vafier stated the generation rate of 104 students is over the three different grade levels, elementary, middle, and high school. It is based off a generation rate that is calculated by the total current enrollment in the school system, versus the total number of units in the County. That results in just under one student for every four homes and the applicant calculated one in six. Staff has kept an eye on the enrollment trends versus the number of units that are being permitted in the County. Over a five-year period, the enrollment rate has remained relatively stable and again, those students are being put into the school system incrementally. The planned facility upgrades that the school system is considering, which are not just being considered by the developments that are on the ground, but also by those that do come through this board. By-right projects are included as well in the needs assessments as they get approved. Chair Olson Boseman announced that no one signed up to speak in favor or in opposition, closed the public hearing, and opened the floor to Board discussion. In response to Board questions, Mr. Vafier stated the Sanctuary at Hanover Reserve is almost entirely built out. He does not believe the Hanover Reserve townhomes project has started yet, but approval was received from the Board in 2020 for 41 townhomes. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Hays, to approve the proposed rezoning to a PD district. 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 place type, the residential densities are in-line with those recommended within this place type, and the project will develop a new commercial node 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 promote principals of walkable urbanism. The proposal also provides a transition from a mixed-use node to adjacent single-family residential neighborhoods, additional access points to properties east of Military Cutoff extension, and extension of water and sewer services which will allow for integrated planning for future community services. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 8B OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED JULY 7, 1972 is hereby incorporated as part of the minutes and is contained in Zoning Book II, Section 8B, Page 85. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY DESIGN SOLUTIONS ON BEHALF OF THE PROPERTY OWNERS, WPE HOLDINGS, LLC AND SENCA PROPERTIES, LLC, TO REZONE APPROXIMATELY 12.99 ACRES OF LAND LOCATED IN THE 9000 BLOCK OF MARKET STREET FROM B-1, NEIGHBORHOOD BUSINESS DISTRICT, (CZD) B-1, CONDITIONAL NEIGHBORHOOD BUSINESS DISTRICT, AND R-15, RESIDENTIAL DISTRICT TO (CZD) RMF-MH, CONDITIONAL RESIDENTIAL MULTIFAMILY MODERATE-HIGH DENSITY DISTRICT, IN ORDER TO CONSTRUCT A 256- UNIT APARTMENT DEVELOPMENT (Z21-09) Chair Olson-Boseman opened the public hearing and requested staff to make the presentation. Senior Planner Nicole Smith presented the request by Design Solutions on behalf of the property owners, WPE Holdings, LLC and Senca Properties, LLC, to rezone 12.99 acres of land located in the 9000 block of Market Street from B-1, (CZD)B-1, and R-15 to (CZD) RMF-MH, Conditional Residential Multifamily Medium-High Density District, stating the subject property is located north of Creekwood Road and east of Market Street. The site is situated between low-density residential to the south and east, a principal arterial roadway to the west, and commercially zoned property to the north. The site has an extensive zoning history. The property was originally zoned for low-density residential in the early 1970s, rezoned for office and institutional uses in the late 2000s, and the current neighborhood business zoning was obtained in 2019. The subject property is part of the Scotts Hill Medical Park development. To date one parcel of the development has been built, Wilmington Eye. Future phases forecast retail, general office, and a drive-through NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 168 pharmacy. The site has been zoned B-1 since May 2019. The intent of the Neighborhood Business District is to provide lands that accommodate a range of small scale, low intensity, neighborhood serving commercial development that provide goods and services to residents of adjacent neighborhoods. The B-1 Neighborhood Business District allows for multifamily dwellings with a special use permit as part of a mixed-use development; however, it limits the height to a maximum of 35-feet. The purpose of the proposed Residential Multifamily Medium- High Density District is to accommodate lands for medium to high density residential development with emphasis on midrise structures, near suburban shopping centers and employment centers. The intent of the district is to function as a transition between intensive nonresidential development and lower density residential development. The applicant is proposing to rezone 12.99 acres to (CZD) RMF-MH, Conditional Residential Multifamily Medium-High Density District. The remainder of both tracts will retain the current B-1 and R-15 zoning. The applicant is proposing to construct a 256-unit multifamily development. The units will be a combination of one, two, and three bedrooms. The proposal includes six residential buildings, a clubhouse and amenity center with a pool, and six, one- story accessory buildings. Two residential buildings will be three stories tall, with 24 units each, and four residential buildings will be four stories tall, containing between 48 and 56 units each. Primary access to the development will be provided on Market Street at an existing left-over median break. Interconnectivity to the medical park will be provided with the extension of Senca Drive. A TIA for the entire Scotts Hill Medical Park development was approved in June 2019 and studied the impacts of general office, medical office, retail, and a drive-through pharmacy business. The scope of the project has since been modified to include 256 dwelling units. The net change in potential trip generation scenarios is an increase of five trips during the AM peak hour and a decrease of 75 trips in the PM peak hour. There are approved TIAs in the vicinity, including Blake Farms in Pender County, Coastal Preparatory Academy, and Scotts Hill Village. The Military Cutoff extension project, while not in the immediate vicinity of the subject site, is anticipated to improve the volume to capacity ratio of Market Street at this location. There are three active subdivisions in the area, including Pinnacle Townhomes (8,000 square feet non-residential and 60-dwelling units), Futch Creek Senior Living (254 units), and Scotts Hill Village (226 residential lots). There are approximately 540 remaining units until they are fully built out. Based on the current general student generation rate, the increase in homes would result in approximately 56 additional students than would be generated under current zoning. The general student generation rate provides only an estimate of anticipated student yield as different forms of housing at different price points yield different numbers of students. Over the past four years, staff has also seen a decline in the number of students generated by new development. Public school student numbers remained relatively stable between 2015 and 2020 (except for the impacts of the Covid-19 pandemic), while 14,500 new residential units were permitted across the County. In addition, the student population is anticipated to only grow by approximately 1,300 students over the next 10 years based on the recent New Hanover County Schools Facility Needs Study. The site is currently vacant, but the current zoning and TIA approval allow for general office, medical office, retail, and a pharmacy with a drive-through. Adding a residential use to the subject site provides for a range of housing types in the unincorporated area and will support the Scotts Hill node. The three-story buildings will be closest to the existing R-15 zoning with the taller buildings on the Scotts Hill Medical Park side. The proposed project would allow for an increase in housing diversity and upon full build, will provide community services near residents. The proposal is generally consistent with the recommendations of the 2016 Comprehensive Plan. The proposed zoning is intended to provide alternative housing types to single-family detached development, the project provides for the types and mixture of uses recommended in the Community Mixed Use place type, and the project will locate community services in close proximity to nearby residents upon full build of the medical park. The Community Mixed Use place type envisions moderate density residential development of up to 15 dwelling units per acre. The applicant is proposing 256 units, for an overall density of 19.9 units per acre for the subject site and 13.4 dwelling units per acre for the parent tract, which includes the R-15 portion not subject to the rezoning request. The Planning Board considered this application at their July 8, 2021 meeting and recommended approval (6-0), finding the application to be consistent with the purposes and intent of the Comprehensive Plan and found approval of the rezoning to be reasonable and in the public interest. Staff concurs with this recommendation. If the rezoning is approved, the project will be subject to TRC and zoning compliance review processes in order to ensure full compliance with all ordinance requirements. Chair Olson-Boseman thanked Ms. Smith for the presentation and invited the applicant to make remarks. Cindee Wolf with Design Solutions on behalf of the property owners, WPE Holdings, LLC and Senca properties, LLC stated she was presenting the request on behalf of the owners and potential developer of the property. Comet Development is her client and is an active residential developer. They identified the Wilmington market as an obvious choice for their latest project based upon the area's growth over the last 20 years and its projected growth certainly over the next 20. The project’s primary access will be directly from Market Street with an interconnection to the currently stubbed Senca Drive. The development will be part of the master owners’ association created for what was originally called Scotts Hill Village, which was not just the residential at the back, but was the entire mixed-use development when it was first proposed. That includes not only the future commercial development and what is already there with the hospital, but also the single-family community. The master association is responsible for maintenance of the private streets of Scotts Hill Medical Drive, and the extent of Pandion Drive from Scotts Hill Loop Road to the southern boundary of the school. Although the project has its own NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 169 dedicated access to the major thoroughfare, they will still be paying their fair share of any use of other roadways within the overall master development. The rezoning petition is only for the 12.99 acres at the front of the project, but the entire project is 19+ acres. It means that it would be a split zone tract, which is not unusual. Her purpose in that was to guarantee that the back section, which is six acres and includes wetlands, would remain in the R-15 and undeveloped. She and her client have gone on the record with the Planning Board and intend during this meeting to commit to, upon approval, dedicating all that 6.05 acres as permanent conservation area. Staff addressed the land use place types and consistency for the proposed use with long range policies and goals of the Comprehensive Plan. There is still opposition to the project with concerns being expressed about some of the project proposal as multifamily housing. The existing B-1 zoning allows for an extensive list of what her clients believe are less appropriate commercial uses than the proposed Class A apartments. She and her clients would contend that build out of the site with all commercial use could potentially have a greater impact on surface coverage, noise, nuisance, and air quality. However, there is still additional land within the mixed use master plan leftover that more office more retail, and some of the other mixture that is desired can still occur. Again, the project is 256 apartments in three- and four-story buildings and have elevator access within them. Based on its location, it is believed this is a market rate type of complex with amenities to include the pool, clubhouse, pickleball courts, etc. that renters have become come to expect from Class A suburban apartment communities. Scotts Hill would have 120 one-bedroom, 120 two-bedrooms, and 16 three- bedroom units, with all the associated parking. The proposed development, albeit designed for a medium high density is only 13.4 units an acre. The reason is to be able to incorporate four story buildings and keep coverage down and the elevators are just an aspect of it that allows four story to be appropriate. Ms. Wolf then reviewed slides showing the architecture, the quality of materials, and the types of amenities that are part of the complexes. Regarding stormwater, there has been extensive consideration given to drainage since the early stages of the development master plan. The underlying topographic map was prepared in 2008 before anything was built on the site to not only define the overall drainage area within the boundary of the composite project, but also as an analysis of the stormwater management potential. Topography of undeveloped land does not change. However, as there has been construction in the area, the applicants’ engineers have provided an updated map with the area's drainage and extended it out to the other basins. As required by state and County regulations, all stormwater runoff which includes a side of a ridge, and the potential project area must be directed to the existing pond for which was permitted with existing and future development accounted. The updated map also shows that the area along Pandion Drive has now become the ridge line to the east. It continues to document that runoff from the proposed project will not have any effect on properties on the opposite side of the ridge line. Back in 2009, the U.S. Army Corps of Engineers (Corps) made a formal determination that the wetland pocket that is part of the site’s permanent conservation area is isolated and not connected to any jurisdictional waters. The wetland is a fairly steep hole, is being left undeveloped, is well isolated, and it will remain there. The 2008 analysis shows that not only the 100-year event, but also more intense storm events will actually be entirely maintained within that area. As to TIAs, something that is often misunderstood is that when they are prepared, not only are all new projects in the vicinity considered in the computations, but there is also background growth that is applied to account for projects that could occur in the future. Likewise, the results of her clients’ analysis will be incorporated into those future studies. It is a comprehensive process with maximum attention to the impacts that could occur. Staff showed the update of the 2019 TIA that has just been performed in the last several months. It has been reviewed by the Wilmington Metropolitan Planning Organization (WMPO) and yielded minimal change in the trips compared to what was previously approved, what is there now, and what is being proposed. Again, the complex has an access drive directly from Market Street, it will be dual direction in and out, and improvements for it will include the right turn lane and associated deceleration taper with more than adequate distance from Creekwood Road to create the turn lane. The leftover break in Market Street is already in place but is blocked because there is nothing for it to direct to at this point. This project will be responsible for opening it up, completing any improvements necessary, and the signalization that will facilitate those left turn mode movements safely in the future. What is not there now is a leftover that was part of the original traffic impact is the responsibility of the hospital group and is in the works right now. It is expected to be under construction in the next month or two and will include not only another leftover to access Scotts Hill Medical Drive, but it will be signalized and widen out the lanes for dual lanes going out when the signal is active. She and her clients fully concur with the staff recommendation and appreciate the Planning Board’s recommendation for approval. They do believe that the request is consistent, reasonable, and in the public interest. In response to Board questions, Ms. Wolf stated the subject property is 19 acres. The 19 acres includes 12.99 acres that are being proposed for rezoning and all development would occur within the 12.99 acres. The 6.05 acres of which roughly four acres are wetlands and two are upland would be left as an R-15 zoning district. The whole project is 19 acres, but the rezone/overlay of color that will appear on zoning maps is over the 12.99 acres. The rest will be dedicated as permanent conservation areas, which includes 100% of the wetlands plus some additional uplands surrounding it. The land right now is part of two parcels in the tax records. What is going to be sold not only includes the 19 acres of the proposed project, but also the B-1 portion so that there is the ability to introduce mixed uses of commercial or office to the frontage parcels on Market Street. However, the B-1 area is not a part of this rezoning request but will be under the same ownership. No infiltration basins are being shown at this point, but there are soils available if they are necessary to supplement the stormwater management. The pond that is existing on Medical Drive has allotment for this development and is already permitted for this impervious coverage. Chair Olson-Boseman stated that no one signed up to speak in favor and four people signed up to speak in opposition. She invited the opposition speakers to make their remarks. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 170 Roberta Corpus, resident of Creekwood Road, spoke in opposition to the proposed request citing concerns about drainage, stormwater runoff, pollution of Futch Creek, and existing and proposed the traffic controls. She also reviewed pictures showing stormwater runoff and what happened on her property during Hurricane Florence. Diane Sims, resident of Creekwood Road, spoke in opposition to the proposed request citing concerns about the amount of traffic, water drainage, and pollution of the creeks from the runoff. She noted that the proposed lift station will be directly behind her property and the runoff traverses her property. She encouraged the Board to reduce the number of apartments. Carla Strickland, resident of Duxbury Court, spoke in opposition to the proposed request citing traffic concerns and safety due to the backup from the Porters Neck stoplight to Sidbury Road. People do not always obey the traffic signs/rules. She felt that until the Hampstead bypass is completed it will be, as it is now, almost impassable in the project area at times. Until NCDOT completes the road, she felt it will not be ready for the level of traffic the project will create. Thomas Stevens, resident of Cobble Ridge Drive, spoke in opposition to the proposed request stating the Board should deny, delay, or work on a compromise with the applicant on the request. He cited concerns about the further water pollution due to poor water runoff management and harm to the environment in general. Chair Olson-Boseman stated that the applicant and opposition groups each have five minutes for rebuttal remarks. In applicant rebuttal, Ms. Wolf stated that regarding Ms. Corpus’ concerns, she has no doubt that Ms. Corpus has some drainage issues down Futch Creek Road, but it is a long road that goes from basically 40-feet above sea level all the way down to the waterway. It is unimproved and there probably are not active drainage ditches or anything else. However, there is no way that the stormwater from the medical park facility goes in the direction towards Ms. Corpus’ property. As far as traffic, there will not be left turns out of either her clients’ driveway or Scotts Hill Medical Park after it is improved. That is a factor of NCDOT design strategies all over the state to limit turning movements to right in, right out leftovers for ease of movement and then U-turns if changing direction. It is just a factor of reducing the time cycles necessary for signals. It is a lot more efficient to put a signal at a U-turn, which is also imminent for the U-turn just north of the Scotts Hill Medical Drive, or at the leftover turns. The outlined improvements are something people have a tough time grasping and there will become a new balance. Right now, the vehicular circulation alternatives from the back of Scotts Hill residential community from the school is to go down Pandion Drive to Scotts Hill Loop Road. However, once the other active things occurring, and in the near future they will be here, that is going to create a brand new equilibrium. In response to Board questions, Ms. Wolf stated if the request is approved, it will take close to six months just to get into all the detailed surveying, design, and permitting. If approved and upon everything moving smoothly and nothing occurring in the economy, occupancy should take place in 2023. This would be well beyond all the improvements being made. The school behind the subject site is a charter school and was included in the TIA, which was for the full K-12. The charter school is only K-6. In applicant rebuttal, Mike Nadeau with Creative Commercial Properties stated he has been involved with the project for about 14-15 years, including the original construction of the surgery center and the pond being discussed. The key issue for NC Department of Department of Environmental Quality (NCDEQ) in issuing the permits is whether a pond on the east of the highway connects to the creek. It is a critical consideration, and it dictates very specifically the level of treatment required. The Board saw the topographic analysis made and the very deep bowl was shown to have far exceeded the capacity of even the 1,000-year storm. However, the key point is that the pond was built with the approval of NCDEQ and the Corps. Both formally certified the wetland was isolated which is something they do not certainly ever do unless it is absolutely documented. As such any contention that the drainage is going to the creek or leaving the site and going downhill is again, not correct. The strictest standards did have to be worked through with both the Corps and NCDEQ to have a formal determination issued that it is isolated and fully self-contained. In applicant rebuttal, Tim Clinkscales, Civil Engineer with Paramounte Engineering, stated that unlike a lot of projects that come in front of this board where the applicant states they will be getting the permits, this site already has the permits in place. He did a file review as he did not do the original engineering on this piece of property. The County has had three submittals on the area, which means the area has been reviewed three times to see if there are any issues regarding the County stormwater ordinance. He also personally did a survey to reaffirm the determinations. Again, this area has been approved multiple times by the county engineer regarding stormwater management with both water quality and flood control. In response to Board questions, Mr. Clinkscales stated that the road damage shown by opposition was not caused by this part of the project. Again, the back of the project is where all the water goes to the other neighborhoods. He cannot say for 100% certain that no water left the facility during Hurricane Florence. However, that is not why the road eroded like it has because of the subject drainage area along Highway 17. It was because of things behind the drainage area. In opposition rebuttal, Roberta Corpus stated that the damage to the road is right below the area and was not the back of the road. There was never a problem with Creekwood Road washing out until the projects began. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 171 The water will not go back up towards Scotts Hill, it will go downhill as it has done before. While she is not against growing, but there will be an impact on traffic when putting 250 units in the area. In opposition rebuttal, Carla Strickland stated her concerns are with the impact on the roads as she is not affected by the drainage. Nothing will improve until the Hampstead bypass is done. The section of road that will be impacted cannot handle the increased traffic and the speed limit needs to be reduced on that portion of the road. Also, Scotts Hill Loop Road cannot handle the traffic. In opposition rebuttal, Thomas Stevens stated that on the conditional zoning plan map, the applicants have specifically stated that it is in the watershed of Futch Creek. The ridge line shown is not straight. As such there is quite a possibility of water from the site flowing down into the Creekwood and other areas where it does not belong and is untreated. In response to Board questions, County Engineer Jim Iannucci stated there is a ridge line and a form of dividing point. What the applicant is referring to with the existing permits is when Scotts Hill development came forward to the County and had to get state and County permits. They permitted for future impervious and some of those plans must, for future growth, go to the subject pond as part of the drainage system. They must account for the design and storm that the County requires, analyze what is going on as they bring forward and modify those plans, show what is going to that pond, and show what is off-site. The only difference that is going to be in play now is that the County has stormwater services. Some of the off-site flow can be placed into easements and managed by County crews going forward and those things can be installed and inspected as the County goes forward. Due to the approval of the Stormwater Services Program, the department can look at some of the off-site conditions and incorporate those. However, the drainage from this planned development, whether it is an apartment or any kind of impervious has to go to the stormwater system that is in place. The previous design of this project incorporated those wetlands and used them like a shallow pond. Some of the water stages up in the wetlands and then goes back down. The applicant is accounting for that in their project and it also in their quantity control for the County stormwater permit. As to what concerns he has about the request, Mr. Iannucci stated his other concern is that it is performance based. If they make modifications, they need to consider that they get drainage into the system and analyze that 100 year storm event to make sure that they are not damaging finish floor elevations for not only existing residences that are there, but also for what they plan to build. It is also best to keep the five acres that is going to be conservation wooded, as opposed to clear. There could also be benefit with the Stormwater Services group looking into it to see if that can be incorporated to improve the overall drainage in the area. A conservation easement could be used for drainage purposes and again, now that the County has the program, some of those can also be managed by that program. In opposition rebuttal, Diane Sims stated she has wetlands on her property and did not know it was an option to build on wetlands. She did not do so and feels it is illegal. The charter school does not have buses and is part of why there is so much traffic on the road. Hearing no further discussion, Chair Olson-Boseman closed the public hearing and opened the floor to Board discussion. In response to Board questions, Mr. Iannucci stated as it relates to what is possibly flowing down to Creekwood Lane, he thinks the fix is the watershed approach that the County is taking, and he thinks the area is one that his department will look at. He will have his inspectors visit the site to look at it from an overland flow. The intention of the program is to look at drainage that goes across the County and improve overall flow. Prioritization will be where the most serious flooding of properties is occurring and to handle those first, but in going from watershed to watershed the ultimate goal is to improve flow. He did not see the flooding of the specific areas of Creekwood itself but is aware there is a kind of ridge line in that area. There are several ridge lines along Market Street and sometimes drainage does go in two different directions. Again, it can be investigated. In response to Board questions, Ms. Wolf confirmed there would be three new traffic signals. In response to Board questions, Mr. Iannucci stated that the development of the property has an existing permit in place to account for a certain amount of existing impervious, the plan has been reviewed and approved, and the applicant would have to modify that for the development they have going on. As to the impervious and the build out of the project, he does not have concerns overall, but the County will need to look at the overall drainage of the area for the flow, how it is carrying runoff across the County, and get the improvements there. As this is a performance based permit, the applicant has to work with County regarding the pond, wetlands, and the design storm. He does not think the concern is with that aspect, but rather making sure the watersheds are functioning and something being added that will cause a problem on someone else. In response to Board questions, Ms. Wolf stated that 50-feet is the maximum height for residential multifamily and four stories will fit within that building height. As to if there was any discussion of moving the building to the south of the site to not be overlooking the other neighborhood, there is required buffering and she would hesitate to shift the building, it could be, but she hesitates to put parking on that end as it tends to be more noise oriented than at the other end of the building. The desire is not to have parking around the entire building and disturb the greenspace in that area. She thinks the two buildings could potentially be shifted slightly and given more distanced to the property line. Also, the preference is not to lower height of one of the buildings to three-stories. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 172 Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Hays, to approve the proposed rezoning to a (CZD) RMF-MH, Conditional RMF-MH district. 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 place type, and the project, upon full build, will provide community services in close proximity to nearby residents. Further the proposed design supports the Scotts Hill node and retains wetlands and low-density residential zoning as an additional buffer against the school property. 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 a diverse housing option near a retail, service, and employment node. Commissioner Zapple asked that Commissioner Barfield consider the inclusion of a condition that the proposed four-story multifamily building, adjacent to the R-15 zoning, shall have a minimum side setback of 75 feet. Commissioner Barfield asked Ms. Wolf if she and her clients were agreeable with the condition. After a brief discussion about the condition, Ms. Wolf stated the condition would be acceptable and her clients would agree to it. Commissioner Barfield stated he would accept the condition and modify the motion to reflect it. Amended Motion: Commissioner Barfield MOVED, SECONDED by Vice-Chair Hays, to approve the proposed rezoning to a (CZD) RMF-MH, Conditional RMF-MH district with the condition that the proposed four-story multifamily building, adjacent to R-15 zoning, shall have a minimum side setback of 75 feet. 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 place type, and the project, upon full build, will provide community services in close proximity to nearby residents. Further the proposed design supports the Scotts Hill node and retains wetlands and low-density residential zoning as an additional buffer against the school property. 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 a diverse housing option near a retail, service, and employment node. 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 JULY 6, 1971 is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 5, Page 87. BREAK: Chair Olson-Boseman called for a break at 6:53 p.m. until 7:08 p.m. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY NOVANT HEALTH-NEW HANOVER REGIONAL MEDICAL CENTER TO REZONE APPROXIMATELY 40.9 ACRES OF LAND LOCATED IN THE 100 BLOCK OF SCOTTS HILL MEDICAL DRIVE FROM (CZD) O&I, CONDITIONAL OFFICE AND INSTITUTIONAL DISTRICT, AND B-1, NEIGHBORHOOD BUSINESS DISTRICT, TO O&I, OFFICE AND INSTITUTIONAL DISTRICT (Z21-07) Chair Olson-Boseman opened the public hearing and requested staff to make the presentation. Long Range Planner Marty Little presented the request by Novant Health-New Hanover Regional Medical Center to rezone approximately 40.9 acres of land located in the 100 block of Scotts Hill Medical Drive from (CZD) O&I, Conditional Office and Institutional District, and B-1, Neighborhood Business District, to O&I, Office and Institutional District. Mr. Little provided an overview of zoning map of the area noting that the site is located along the Market Street corridor at the Pender County line. It is adjacent to similar civic and institutional uses, including a medical office to the west and the Coastal Preparatory Academy to the south. R-15 zoning, with approximately nine single-family homes, is located across Pandion Drive to the southeast. The site is currently being used for a medical office and an urgent care facility. Approximately 30 acres of the subject site is conditionally zoned, meaning it is locked into a site-specific approval. The current approval calls for six buildings, totaling approximately 282,000 square feet of building footprint area for a hospital, medical office, and professional office uses. A helipad was also permitted by special use permit in 2014. Each of the previously approved uses are allowed by right in the O&I district, with helipads allowed as a customary accessory use to hospital principal uses, and with a special use permit for urgent care facilities. The proposed straight O&I zoning would allow for a similar development pattern as currently approved. The plan also establishes a 90-foot tree preservation buffer along Pandion Drive. The remaining 10 acres of the site is straight B-1 and vacant. As this is a straight rezoning, the Board should consider all uses allowed within the O&I district. Examples of permissible uses include civic and commercial uses like schools, medical and professional offices, and banks. Residential uses are allowed at the same density as the R-15 district. Industrial and other commercial uses are prohibited, including retail and restaurants which, through a clerical error, were listed in the staff report and agenda item summary; those uses would not be allowed. Primary access to the site is provided by Scotts Hill Medical Drive, located off Market Street. As currently developed, the site is estimated to generate around 100 trips in the morning and evening peak hours. Because conceptual plans are not required for straight rezonings, staff has provided the trip generation that was included in the original approval, which analyzed 200,000 square feet of hospital and 64,000 square feet of medical office space. The previously approved development pattern is estimated to generate approximately 500 additional trips in the morning peak hours and 400 trips in the evening peak hours. While TIAs are not required for straight rezonings, a TIA was conducted for the subject site in 2014. At this time, the improvements warranted for the site are captured in the TIA used for the Comet Apartments which was heard earlier during this meeting. Based NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 173 on the size of the rezoning area, and the estimated trip generation of the original approval, a similar development pattern would likely trigger a new TIA to be submitted to NCDOT and WMPO for review and approval prior to TRC site plan review. A full transportation analysis has been included in the staff report. Mr. Little provided an overview of pictures taken of and around the subject site. The applicant has indicated on the application the rezoning would allow for the development of a regional medical center. He reviewed a picture of the existing hospital on 17th Street in Wilmington and its adjacent neighborhoods, noting that it is approximately 50% larger than the subject site at 61 acres. If rezoned, the tree preservation buffer would go away, though any future development would be required to meet the County’s tree retention and mitigation standards, as well as standards for landscaping and street yard plantings. The site is in an area that the Comprehensive Plan envisions as Community Mixed Use, an area that would provide goods and services for nearby residents and the community at large. The O&I district is identified as a typical zoning category in the Community Mixed Use place type because it allows the types of commercial, office, and civic uses recommended in the Comprehensive Plan. The Planning Board considered the matter at its July 8, 2021 meeting and voted to recommend approval (4-0), stating that the proposal is consistent with the Comprehensive Plan. Staff concurs with the Planning Board’s recommendation. If approved, the project would be subject to TRC and zoning compliance review processes to ensure full compliance with all ordinance requirements. In response to Board questions, Mr. Little explained that even though there is no conceptual site plan any changes in the use or in the building footprint, location of driveways, square footage, etc. would trigger a TIA as it started being captured in a 2019 plan. It would not do away with the TIA that has already been approved. However, due to the size of the site and how the applicant intends to use the property would trigger the 100 trip threshold for a new TIA. Chair Olson-Boseman thanked Mr. Little for the presentation and invited the applicant to make remarks. Chris Boney, Chief Relationships Officer/Vice President/Principal with LS3P and representing Novant Health-New Hanover Regional Medical Center, stated that the current intention is for the emergency department (ED) as built to stay and be added on to turn this site into a full-fledged hospital with beds and other services. The current zoning is bifurcated into three different types of zoning districts and the intent of the request is to clean the zoning up by converting it all to O&I to be compatible for medical and hospital use to allow the further development of the Scotts Hill site into a full-fledged hospital with services that go along with that. Hospitals change constantly and there are a lot of additions and modifications being made to keep up with current trends in medicine. That is really what is driving the need to be able to keep something that is going to provide the platform to be able to produce the hospital that is going to evolve over time. The location currently has the ED and surgery center along with the helipad already on the site. The plan would be that the next phase of the hospital would attach to the ED and expand upon that. Surrounding zoning uses include several churches and residential neighborhoods and the existing ED and medical campus are in the center. There is also single family residential, educational, and medical office, and a mini-warehouse/self-storage. Traffic access is directly off Highway 17 onto Scotts Hill Medical Drive. There is currently a signal in the process and modification of a site development requires TRC review and approval, including roadway improvements. For the hospital as it evolves, factors for zoning approval again are: How is this proposed change consistent with the Comprehensive Plan? How's the change consistent with the future land use map? What changes have occurred to make the original zoning inappropriate? Or how is the land unsuitable for the use as permitted under the existing zoning? And how will the zoning serve the public interest? Looking at these factors, first is consistency with the Comprehensive Plan and what zoning would allow for civic and institutional uses as well as medical uses such as hospitals, nursing care facilities, and medical offices. One of the strategic plan focus areas is superior public health. The use is permitted, and O&I would support multiple goals of the Comprehensive Plan, including supporting workforce development and prosperity for all using public infrastructure to leverage private investment, supporting the health promotion and disease prevention, while minimizing debilitating effects of mental and physical disabilities. Number two is a consistency with a future land use map. Again, Community Mixed Use has a focus on compact mixed use development patterns and serves multimodal travel and acts as an attractor for County residents. Number three, what significant neighborhood changes make the original zoning inappropriate. The property is currently split zoned with multiple layers of zoning approvals and entitlements. The County has also modified the O&I zoning district to be more in line with the policies and practices of the 2016 Comprehensive Plan. And finally, number four, how will the zoning serve the public interest. The rezoning will allow County Planning staff to review any proposed development of the site more efficiently as it will eliminate the current split zoning. It will also allow the property to be used for needed office institutional uses in the area and to bring necessary services closer to County residents of Scotts Hill. Mr. Boney concluded the presentation stating that the requested change to O&I zoning is consistent with the County's policies for growth and development, as described in the 2016 Comprehensive Plan. The change to O&I is consistent with the property's classification as Community Mixed Use on the 2016 Comprehensive Plan’s future land use map, significant changes have occurred to make the original split zoning of the property inappropriate. The zoning will also serve the public interest to allow for more efficient development of necessary O&I uses in the area. Chair Olson Boseman announced that no one signed up to speak in favor or in opposition, closed the public hearing, and opened the floor to Board discussion. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 174 Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Barfield MOVED, SECONDED by Chair Olson-Boseman, to approve the proposed rezoning to an O&I district. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the district allows the types of commercial, office, and civic uses that would be encouraged in the Community Mixed Use place type and would serve as an appropriate transition between existing commercial development and adjacent residential neighborhoods. The Board also finds approval of the rezoning request is reasonable and in the public interest because the site is located along the Market Street corridor and is near the I-140 interchange and existing commercial services. In response to Board questions, Mr. Boney stated that the current vision is to have 100 +/- beds but over time it could expand from there. He further confirmed that the hospital will serve as a catchment area for Pender and New Hanover counties. Hearing no further discussion, Chair Olson-Boseman asked for a vote on the motion on the floor. 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 JULY 6, 1971 is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 5, Page 88. PUBLIC HEARING AND APPROVAL OF A REQUEST BY THOMAS H. JOHNSON, JR, ATTORNEY, ON BEHALF OF THE PROPERTY OWNER, SOUTHEASTERN ENTERPRISES, INC., TO OBTAIN A SPECIAL USE PERMIT FOR A WIRELESS COMMUNICATION TOWER AND RELATED SUPPORT FACILITIES IN AN R-15, RESIDENTIAL ZONING DISTRICT, LOCATED NORTH OF VALLEY BROOK ROAD AND WEST OF FERN VALLEY DRIVE (S21-03) Chair Olson-Boseman opened the public hearing and announced that the special use process requires a quasi-judicial hearing and therefore, the Clerk to the Board must swear in any person wishing to testify. She requested all persons who signed in to speak or who want to present testimony to step forward to be sworn in. Marty Little Rebekah Roth Jim Iannucci Donna Girardot Chris Ferriss Tom Johnson Dale Finocchi Matt Murphy Charles Meier Wanda Marino James Toppen Ed Pierce Louis Cress 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 Long Range Planner Marty Little to start the presentation. Long Range Planner Marty Little presented the request by Thomas H. Johnson, Jr., attorney, on behalf of the property owner, Southeastern Enterprises, Inc., to obtain a special use permit (SUP) for a wireless communication tower and related support facilities in an R-15, Residential Zoning District, on approximately six acres of vacant land located north of Valley Brook Road and west of Fern Valley Drive. In review of the zoning map of the area, Mr. Little stated the site is located between The Cape, Telfair Summit, and Telfair Forest subdivisions. The site as well as the surrounding area is zoned R-15. He then provided an overview of the site in its existing condition, which is currently undeveloped, and where the proposed tower would be located. He then reviewed the applicant’s proposed concept plan showing the location of the tower, equipment compound, and access easement noting that the request is for a monopole structure. Access to the site would be provided by a new 30-foot wide access easement from Valley Brook Road, a privately maintained street. Maintenance at the proposed tower is estimated to generate four trips per month. The applicant is proposing that the antennae will utilize concealment shades to reduce the tower’s impact on surrounding properties and has submitted photographic simulations that show the tower’s anticipated visual impact. The existing mature vegetation is set to remain on the property except where areas will be cleared for the tower equipment area and access easement. The site is identified in the Comprehensive Plan as General Residential. While wireless support structures and other infrastructure are common, the Comprehensive Plan does not specifically address their location. The Comprehensive Plan’s implementation guidelines however do aim to support business success, workforce development, and economic prosperity, and telecommunications infrastructure 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. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 175 Staff has presented preliminary findings of fact for each conclusion in the staff report; however, the Board does have the discretion to modify or add to those findings. The applicant has proposed a condition that the wireless support structure will utilize concealment shades over the antennae and will meet the design conditions indicated in the construction drawings submitted with the application. If approved, the project would be subject to TRC and zoning compliance review processes to ensure full compliance with all ordinance requirements. In response to Board questions, Mr. Little confirmed that this is the first SUP to come before the Commissioners without a recommendation from the Planning Board. Chair Olson-Boseman thanked Mr. Little for the presentation and invited the applicant to make remarks. Tom Johnson, attorney with Williams Mullen Law Firm and representing the property owner, Southeastern Enterprises, Inc. stated that as was mentioned, and known, wireless services have become more important than ever before as more people work from home due to the covid crisis. The subject site is an area where coverage is needed. He requested that the application and associated documents be admitted into evidence in support of the application. He and his client concur with the recommended findings from staff based upon the evidence that is before the Board. The site is in a wooded area between the two subdivisions of Telfair Summit and Telfair Forest. The subject site is an open area and to the north is a water treatment plant that serves the area. It is really an area that is appropriate to have infrastructure in it because it currently does. He showed the existing towers in the area and explained that there really are none. There are some antennas that Sprint has on the water tower on The Cape Boulevard. American Tower has a site to the north and Charter to the south of the old Coast Guard towers that have since been removed. While that is what is shown on the map, there is really not a tower in that part of the County in order to provide wireless service. In this instance, US Cellular is the primary carrier that is interested, but they have also had inquiry from T-Mobile. The site is a 100 x 100 square foot compound with the tower in the middle and it meets the 130-foot setbacks. Initially, there was a four-foot lightning rod on top, which has since been removed to meet the 130-foot setback. It will now be on top of the tower. Access to the site will be via Valley Brook Road. The subject site is not in a flood zone, but it is potentially in a wetland. His client will have to go through wetland permitting if that is indeed the case to get a permit to be able to build at the location. Mr. Johnson then provided an overview of the compound which showed where the carriers and their ground equipment will be located. The site will also be surrounded by a fence and vegetation. The tower is a single monopole tower with concealment shades to hide the antennas. A lot of times there have been slip poles where the equipment is built within the tower. The problem is with technology, the radios are being moved onto the tower itself. Therefore, the enclosed structure was creating excess heat because the radios are inside the structure. Also, the antenna loading that is required to provide the data and voice services has trouble fitting into that pole style. As such, the concealment shade will be used on this tower and there is a bit more space for the antennas. However, the look is very similar to the smooth poles seen in the past. Photo simulations were done as required by County ordinance. Four views were required, but eight views were completed. Mr. Johnson then provided an overview of the views noting where the tower would and would not be seen. There is a private road serving the property and his client would be leasing the property from the original developer who still owns the subject site, which is an undeveloped area. Mr. Johnson stated that his client has agreed that if there's any damage during construction, they will repair that, and they are willing to pay for their fair pro rata share of maintenance. It is a very low level number of trips per month, but they will contribute towards the maintenance for whatever burden may be posed from that low level of usage. As far as the construction process, it takes about 45 days to build the tower, compound, and all that is associated with it. Equipment will be brought in to dig a hole for the foundation, rebar will be inserted, concrete will be poured for the foundation, the compound will be fenced in, the grounding system will be put in, utilities will be run which will be telephone in power, fencing put around the sides, gravel for the road, the compound will be put in, and the tower will be stacked. Again, the tower will be 130-feet. As such there will not be much of a crane needed to stack the tower. It is not constant construction during that time and there will be inspections during that 45-day period. The process is pretty quick. On a monthly basis there will be maintenance and if there is an antenna switch out a crane will be brought in for that. Again, there will be limited activity at the site. Mr. Johnson then reviewed a 1998 plat which shows the site as future development and noted that the opponents have expressed some concern about how this site was characterized. To the south the area has always been common area and conservation and to the north has been reserved for future development by the developer. He then provided an overview of the deed showing the current entity that owns the property noting that it shows that the six-acre parcel is reserved for future development. He then provided a comparison of his client’s simulation and the opponent’s simulation noting the differences. The location of the sign denoting the nature reserve is located where it is because it is on the southside of Valley Brook Road. The tower will be on the opposite side of the road on the future development parcel. Also, even when the trees are not leafed out, there is still pretty thick vegetation in that area that will help conceal the tower. Mr. Johnson then provided an overview of other recently approved towers that are adjoining residential areas. In order for service to be provided to residents, the service needs to be in close proximity to the residents. As such, areas are looked for to put a tower where it is not right in the subdivision but on the edges of the subdivision to serve the owners. The company communications tower group that received approval to install a tower at the Shrine Club, is the same one for this request. The applicant also installed a tower in the City of Wilmington at the Messiah Lutheran Church of South College at the corner of Pine Valley and South College where the Wilmington Fire NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 176 Department station is. There are apartments and single family homes all around where that tower is located. Again, this proposal includes concealment shades to be able to make it more visually appealing. Something that was raised in the letter from the opponents’ attorney is how lay evidence could be used to testify a property value. There is specific statute that deals with that and quasi-judicial proceedings which says competent evidence, as far as its impact on property values has to be given by expert testimony, opinions of lay witnesses are not allowed and are not competent evidence to support the application. In the agenda packet is the applicant’s appraisers’ review and impact studies. The appraisers show in the documents that there is no substantial adverse impact on property values through the analysis. They also further state how the towers he showed the Board are harmonious where located. As to the approval requirements, Mr. Johnson stated that he would not go through each one as staff did a really good job doing that and what in the application justifies this request. The one thing that comes up often is harmony, which is the fourth requirement. Unless there is substantial evidence to the contrary, that it is not harmonious then the use is allowed via an SUP. In this case, the County does allow by ordinance towers as a special use within this district. The impact study addresses the impact on property values and the project does meet the required conditions and specifications. It will not materially endanger public health or safety, because the setbacks that are involved due to the height of the tower ensure it is safe and it is engineered to be safe. However, the other public safety angle is when a person picks up their phone to dial 911, they need to get service, and need to be able to get it when they need it. That becomes a very important public health and safety issue for the need for towers. Oftentimes, wireless is the only thing people have as many no longer have landlines. In response to Board questions, Mr. Johnson stated as it pertains to coverage maps not being provided in the applicant materials, it is due to the proprietary nature, and very hard to get from the carriers. Efforts were made to secure them from the carrier, but they were not able to be obtained in a timely manner. Also, the law says the jurisdiction cannot require it, but it can be voluntarily given. Instead, he used the map to show that there are no towers down in that part of the County. If there were other locations on which his client could co-locate that were available, they would. However, his client is setting up for three carriers and in reality, there is nothing in that part of the County. He feels the map that he does have does show the need. He further stated that he reserves the right for his rebuttal time to rebut whatever the opponents say. Chair Olson-Boseman stated that no one signed up to speak in favor and four people signed up to speak in opposition. She invited the opposition speakers to make their remarks. Charles Meier, attorney representing Telfair Summit and Telfair Forest Homeowners Associations, stated he and his clients were in opposition to the SUP request for the cell tower. Telfair Summit and Telfair Forest are established neighborhoods off Carolina Beach Road. He provided an overview of the communities via a video noting the privately maintained roads and that it is uncontradicted evidence that the developers never paid to maintain any of it. As to the nature preserve, at one time it was on both sides of the road and is really only appropriate for a buffer which is why it has not been developed. In review of the tax map, Mr. Meier noted the proposed location of the cell tower, which is in a very wooded area between two single family neighborhoods and is substantially off Carolina Beach Road. The proposed construction site is a fairly large site at about 10,000 square feet. It is understood that the tower is being proposed on area which is shown as future development. However, the other side of the property was marked as common area and conservation area but not all that area was deeded to the Telfair Summit Homeowners Association. The developer retained part of it for himself and has kept it for a number of years, which is probably a violation of the performance residential that they had. He asked the Board to consider the promises of contribution to the maintenance of the road, etc. was never done and when the common area which was supposed to be deeded over was never done. Ed Pierce, resident of Promontory Court, spoke in opposition stating that he is a resident of Telfair Summit, and purchased his home approximately 18 years ago from Matt Murphy, the developer. For most in the two communities, these are their final residences where they plan to live out their lives. Upon purchasing his property, he was told the wetlands would never be developed and that the area was marked as a nature reserve. As to the applicant’s comment about the photographs he took being inaccurate, he could not find a concealed shielded tower anywhere in the Wilmington area, or in a Google search to try to find clipart. He used an actual tower that is 143 feet high and owned by the American Tower Corporation on Carolina Beach Road, just down from the Beau Rivage shopping center. It afforded him clear sightlines to be able to photograph it from 650-feet away so that he could get multiple perspectives. Knowing the range and the height of that tower, he could then adjust it accordingly to be representative based on how far away he was from the area that this project would happen. While tower in the photos does not have the shields, the tower would still be an obtrusive object in a beautiful area that the community uses extensively for recreation. The sight lines he drew were based on the elevations that the two properties he measured with an altimeter from the base where the tower will be constructed. The Telfair Summit area ranges between 20 to 30 feet in sight heights. The Telfair Forest area is between 10 to 15 feet in terms of elevation above that. Both have elevations that will look down on the subject site. As for the vegetative growth around the properties, there is a lot of growth that will be shed in the winter. From the properties that would have direct view of the tower and while the photographs have antennas on them, he thinks that is a very minor point as to the scale that Mr. Johnson was talking about. He would agree that he could possibly be off as much as about 10% to 15% in the heights of how the towers are represented. That is what the Board saw when Mr. Johnson presented, and he would admit that his methods were not as precise as the tower company could produce, but they should be a proper representation of angle. In review of additional photographs Mr. Pierce explained the elevations from different areas in the neighborhoods. He noted that the nature reserve sign installed was the original Matt Murphy development sign and reiterated how the area is used for recreational purpose daily by both communities. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 177 Mr. Meier further stated that in second impact study there was a claim that there was a huge error in the first one but even so the expert for the applicant said the residential properties to the east and west, which are these two neighborhoods, potentially have an adverse visual impact from the tower. The elevations and improved area are higher than the proposed development, a portion of the tower will certainly be visible for some of the properties in Telfair Summit and the properties to the east may have a partial view of the tower. His clients acknowledge the proposed 130-foot tower will have a visual impact on the surrounding properties. He thinks that the report was revised because the applicant wanted to show the other comparables, which he feels are not comparables at all. Most of the towers referenced by Mr. Johnson were in commercial or industrial areas. While he agrees with that, the tower adjoining Cypress Village is on property zoned industrial and was constructed approximately 21 years before the residential subdivision. As to the properties on South College Road, he is not sure that those are comparable to the space between Telfair Forest and Telfair Summit. Addresses were not given for the towers at Deer Crossing and Clearbrook Estates, so he is not sure where those are located. However, in each study it was stated that Deer Crossing was not visible from the residential subdivision. The research provided no data for the analysis and as such it is clear the data is inadequate in quantity and quality to isolate the impact of the tower. Mr. Meier further stated that he is certain that that person who prepared the report would testify on behalf of a cell tower company before this Board, and others in the same field would also come to the same conclusion that cell towers have no impact. If the Board thinks the person would stand up and testify otherwise, it is not possible. As he set forth in his submission to the Board, which again he would move to be admitted into evidence is that there is no requirement that the Board believe anything that the expert has said about the values. Mr. Meier reiterated that the factual basis is wrong because Mr. Johnson was using photo simulations, which he thinks are wrong. Cell towers are not located within established R-15 neighborhoods where they are visible. He and his clients can assure the Board that the applicant has not proven that a cell tower is needed in an R-15 area. If approved, it will set a dangerous precedent for other established residential neighborhoods. There is no evidence that the communities in the area have bad cell service. Chair Olson-Boseman stated that the applicant and opposition groups each have five minutes for rebuttal remarks. In applicant rebuttal, Mr. Johnson asked that Chris Ferriss with CB Ferriss, Inc. speak on the impact study. Mr. Ferriss stated that to do a study in this situation, the property location and the scope of the assignment has to be reviewed as well as the surrounding land uses. To the north and south, there is a wastewater treatment plant, golf course, and wetlands so there is a harmony within that situation. His firm was able to locate about 37 cell towers in the County, of which 16 were true cell towers. Only one of those had a subdivision where they could find enough data. His firm had to go outside the scope and into the County to find data to show if other cell towers in the area had an impact on neighborhood development and property values. Mr. Ferriss then provided an overview of the procedure used to draft the impact study. Approximately seven subdivisions were found with enough data to support the theory that there is no conclusive evidence to support a positive or negative influence. In response to Mr. Johnson’s questions, Mr. Ferriss explained why there were subdivisions his firm did not use as part of the study due to insufficient data. He explained that what his firm was trying to show in this case was that there was insufficient data to show a difference of all the houses with and without views of a cell tower. Those subdivisions did not have enough data to show either way and as such they had to move to other subdivisions. As to his qualifications, he has been an appraiser for 25 years and he has never adjusted his analysis based on cell towers. He also has never come across a revaluation that has been appealed due to a cell tower being located nearby. He further confirmed that his firm does property revaluations for counties. In response to Mr. Meier’s questions, Mr. Ferriss responded that the scope of work was not to find any instance in New Hanover County or the City of Wilmington where a cell tower was proposed in an R-15 where an SUP was applied for. His firm was hired to look for data to see if there was an effect from one house to the other within the same subdivision. Mr. Meier then stated that the answer then is no, Mr. Ferriss did not any such instance. Mr. Johnson stated that was not what Mr. Ferriss stated rather he stated that was out of the scope of work and that Mr. Ferriss was employed to compare values in proximity, whatever it is. County Attorney Copley stated that a deposition cannot be done, and her understanding was that Mr. Meier wanted to ask a general question of Mr. Ferriss. Again, there cannot be any depositions or cross-examinations. Mr. Johnson stated that the properties the opposition have bought are from a 1998 plan and the subject area is shown as future development. As such, the property owners were not misled. It is what is recorded and what the County approved for recording showed the area as future development. There is nothing that the tower will do to prevent anybody from walking on the road and doing their normal activities. He asked that the Board approve the request as presented as his client has met the burden, without any contrary evidence. In opposition rebuttal, Wanda Marino, resident of Promontory Court, responded to Mr. Meier’s questions stating that she has lived in Telfair Summit for 18 years, she has been on the homeowner’s association board for 15 years and president of it for the last three. She confirmed that during her time on the board, the applicant has not paid for any of the maintenance of the road nor responded when she has asked him about it or notified him that it was his duty. She further stated in response questions that there is 5G fiber optic in the area, there has never been an issue, and as such there is no need for a cell tower for service. In opposition rebuttal, Louis Cress, resident of Fern Valley Drive, stated that he has five letters from real estate agents that know the area, know his house, and all stated that his property and others will be severely NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 178 impacted. As to what the impact will be it, the tower will be closest to his home at less than 300 to 400 feet from it. It will also impact the wildlife. Mr. Johnson stated that he would object to Mr. Cress’ comments as the agents are not present, the letters are not actual reports, and based on what he stated earlier about competent evidence, he objects. In opposition rebuttal, James Toppen, resident of Valley Brook Road, stated that he and others in the community have worked very hard on their properties. There is a lot of wildlife, a pretty nature reserve, and he and his wife love their community. His home is also closest to where the tower will be located and is at the highest elevation. There are four homes that will have this issue. Based on his education and what he did for a living, he is very familiar with the technology as it has been his life, and there is no desire in his community for the tower. Hearing no further discussion, Chair Olson Boseman closed the public hearing and opened the floor to Board discussion. In response to Board questions, Mr. Little stated as to the question of wetlands, the area is shown on the national wetlands inventory as potential wetlands. There will not be a way to determine for sure if there are wetlands where the site is proposed until the area is delineated. Based on conversations with the Corps, if there were wetlands the applicant would go through the Corps’ permitting process, which would involve either looking at moving the tower around on the site to somewhere where there are no wetlands, or potentially mitigate. To his knowledge the Corps would look at the construction process crossing any wetlands or disturbing any other wetlands when going through the permitting process. As to if there were any other options to putting the tower in a residential neighborhood such as the nearby commercial business, Mr. Little explained that the surrounding zoning of the property in every direction is R-15. While he knows the public hearing portion of the meeting has been closed, the applicant’s site acquisition specialist is present and could answer the question of why it is being proposed in this specific area and may be the more appropriate person to answer the question. In response to Board questions, Dale Finocchi, Site Acquisition Specialist for the applicant, stated he had been in the area at the site for well over a year. With this particular project it was challenging to find a location because of the one to one setback. A place had to be found where the tower could be accommodated and exposed to the residential, commercial, road, coverage area, and target point the carrier is looking for. In this County, his team needed to find a spot where that can be done and have a one to one setback in this area, which was really difficult to do. In looking at the water treatment plant, he learned they were going to do some expansion so that was not available and then they looked at the golf course and the seminary and just could not find a spot. On the other side of the street, there are no properties of a size that can provide the one to one setback. Even if there was a commercially developed property that may have the size overall, the tower cannot be put right in the middle because it is already developed. It also cannot be put in the back because the setbacks cannot be achieved. The subject site is where he and his team could accommodate getting it all the way through to the subdivisions, but also making that one to one setback. He confirmed the height of the tower is 130-feet so that would be the setback to be away from all property lines. As to the data he was using, he explained that would come from the carrier and drive what the carrier is looking for. In looking at the other two sites further to the north that his team worked on, this is just coming down the road and it ends the connection of those sites. There is nothing in the area to go on co- location wise. There are larger towers that provide some coverage in the area, but as far as getting coverage in from the 5G, etc. there is nothing that would go on a co-location wise. The proof of need and the coverage is that there just is not anything there. It is not that they cannot use something or that does not work, there is nothing to go on. Mr. Johnson stated as a point of clarification to what Mr. Finocchi is stating is that the carriers give companies what they call a search ring saying they need coverage in “x” area, this is the one mile radius search ring, go look and find a place. At that point Mr. Finocchi and his team start looking for a place. It has to involve a willing landowner, in the location that the carrier needs, and meets requirements like setbacks, etc. If it is tied to the height of the tower setback, where it has to be a one to one, as Mr. Finocchi said it limits the options because of the lot sizes in that part of the County. As such finding something that worked was extremely difficult. The water treatment plant did not work out no matter what he tried, and the golf course did not work because of the uncertainty of that course with what it has going on. He thinks at one point there were discussions with the homeowners’ association that is now complaining. As far as the subject area, it is conservation on the other side and as such the applicant knew it could not go there. That is why the project ended up on the future development side. Efforts were made to explore whatever options possible, given the constraints they were faced with, and in that part of the County it is a real challenge. In response to Board questions, he confirmed that the carriers just tell him where coverage is needed, they do not share the data with him. It is a business analysis that is done, and the state statute speaks to the business decision. By the time he and his team come before the Board the business decision has been made. In this case, he and his team took that business decision and found the best location possible given the constraints. The tower will not stop all that the opponents are talking about such as wildlife. The wildlife will still be there. It is not preserved or conservation area, it is planned area. His client has to go through the NEPA process, National Environmental Policy Act. Every government agency has to go through that and being a licensed agency, his client has to as well, so they will have to address the wetlands issue. They will have to satisfy the agencies that they can do it. If mitigation cannot be done and the Corps says they cannot do it there, then they cannot do it. However, before any of that can be done the request has to be approved by the Board. The Corps will not have the conversation with them if it is just speculation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 179 Commissioner Barfield spoke on his experience deciding on prior cell tower requests. The County has been sued in the past for denying a cell tower application and the petitioner won the lawsuit. There are certain things a carrier can come in and do. When a person brings forward a document saying several realtors have said the values are going to change, a realtor’s thought process is not certified, an appraisal is. The information being brought forth needs to be done by an appraiser who will certify the numbers, values, etc. What is presented in a quasi-judicial hearing needs to be factual and fact based. The decisions have to be based on the four findings of fact and he does not see anything in a negative light as it relates to them. He further stated he has no opposition to supporting this request and at the appropriate time he would make the motion to approve. In response to Board questions, Mr. Johnson stated that he and his client agree with staff findings and the condition that the wireless support structure will utilize concealment shades over the antennae and will meet the design conditions indicated in the construction drawings submitted with the application. Hearing no further discussion, Chair Olson-Boseman asked for the Board’s direction on the request. Motion: Commissioner Barfield MOVED, 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. The wireless support structure will utilize concealment shades over the antennae and will meet the design conditions indicated in the construction drawings submitted with the application. In response to Board questions, Mr. Johnson stated that as to why there are no coverage maps being provided, there is nothing down in the area now. Sprint is on the one water tank, but as far as US Cellular or anyone else, there is nothing there. He does not have the propagation maps, because the carrier did not provide them. The carrier provided him and his team a search ring with instructions to find spot within it. That was the carrier’s technological decision that they made, and the direction they gave to find a location in this area. A lot of times there are other towers in the area, there is no tower in this area to provide the coverage other than the water tank that Sprint's on. However, as he showed the Board in working the way down Carolina Beach Road there is nothing. The Board will get on shaky ground a little bit if that is the reason for the denial, because it does very clearly say in the statute that that cannot be required. He knows he does not have it and a lot of times he voluntarily provides it. He expressed his apologies that he does not have the item and if he did, he would have brought it to the Board. However, when the client came to him and said they did not have it, he said to show him a map of what alternatives are even there, which they did and there is nothing. The Coast Guard property is not within the search ring that his team was given to search. He wanted the coverage maps as well, but he just does not have them. They cannot be required, he knows he can voluntarily provide them, but if that is going to keep the Board from voting on the request, he guessed he could really hammer on the carrier to get them. However, it is just going to show the very same thing he showed the Board on the map which showed there is no tower there and it will just say no coverage. Discussion was held about the request. Commissioner Zapple stated that in the past when asked to consider these requests there has been clear, compelling evidence, and scientific data that proves the need. He understands no one wants to live next to a cell tower and that the overall good of the community is served by having a tower. However, he feels not having the scientific data is the missing link to the request. Commissioner Barfield stated that he does not know that it is scientific, the map just shows coverage. He would hate to go down the same road as before, where the County is sued because a request is turned down for the wrong reasons and it happens anyway. Vice-Chair Hays stated she is fully supportive of having coverage, but her concern is that one cell company has asked for additional coverage and asked Mr. Johnson if that was correct. Mr. Johnson responded that US Cellular is definite, T-Mobile has asked for the location as well, and then DISH has also inquired, so there is total of three and there are three positions planned on the tower. Commissioner Barfield stated that he is only going based on his experiences in the past with these requests, what the County has faced, and the lawsuits that have been lost. In response to Board questions, County Manager Coudriet stated that to Commissioner Barfield’s point the County has never prevailed. This is why from a staff perspective, the discussion with the Board is to be very thoughtful where the Board includes special use permits, because you lead with the presumption that it is okay. The burden is not on the applicant to prove that he or she needs the cell tower. He offers that so that the dynamic of the debate is not flipped. Again, it is not the applicant’s burden to prove that it needs the special use permit because you lead with the presumption that it is okay to be there unless there are some outstanding factors. He will defer to the attorneys, but he thinks they will validate that. A brief discussion was held about what is needed to deny the request. Chair Olson-Boseman stated that the reason has to be specific. She then stated that she would second the motion made by Commissioner Barfield, but If another Commissioner is going to put forth a motion to deny the request, there will need to be a specific reason stated as to why the motion is being made to deny the request. Motion: Commissioner Barfield MOVED, SECONDED by Chair Olson-Boseman 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. The wireless support structure will utilize concealment shades over the antennae and will meet the design conditions indicated in the construction drawings submitted with the application. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, AUGUST 2, 2021 PAGE 180 Deputy County Attorney Sharon Huffman stated in conferring with County Attorney Copley she noted that that if the Board is moving towards a denial, she wants to make sure that the Board realizes it cannot just state motion to deny, second, all in favor. A motion must specify which of the four findings of fact is the basis for the denial because she has to be able to state in court what the competent material and substantial evidence was that supports the one particular finding that the denial is based on. t can be any of the four and her assumption would be that the Board would be moving towards fourth finding of fact, the harmony finding. If so, the Board needs to be very specific because as the attorney for the applicant stated during his presentation, the case law of this state states conclusively that the presumption is if there is an S on the chart in the R-15 district, there is a presumption of harmony unless you can point to competent material and substantial evidence that rebuts that presumption. In response to Board questions, she stated that there has been one appeal of a cell tower denial and it was resolved before getting to Appellate Court. There was an agreement between the neighborhood and the applicant to make the cell tower a camouflaged tree, and the appeal went away. However, the County did lose the hearing at the Superior Court on the denial for the one in Murrayville. Hearing no further discussion, Chair Olson-Boseman asked for a vote on the motion on the floor. Upon vote, the MOTION PASSED 3 TO 2. Vice-Chair Hays and Commissioner Zapple dissenting. A copy of an order granting a Special Use Permit and listing the findings of facts is contained in SUP Book IV, Page 89. PUBLIC COMMENT ON NON-AGENDA ITEMS Chair Olson-Boseman reported that one person signed up to speak on non-agenda items and invited the person to provide remarks. Diana Hill, resident of Klein Road, spoke on Project Grace requesting that the Board adjust its plan to confine the size of the library and move the Cape Fear Museum. ADDITIONAL AGENDA ITEMS OF BUSINESS There were no additional items of business. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 8:37 p.m. Respectfully submitted, Kymberleigh G. Crowell Clerk to the Board Please note that the above minutes are not a verbatim record of the New Hanover County Board of Commissioners meeting. The entire proceedings are available online at www.nhcgov.com.