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2022-02-07 Regular Meeting NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 7, 2022 PAGE 322 ASSEMBLY The New Hanover County Board of Commissioners met in Regular Session on February 7, 2022, 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 Pastor Mark E. Gaskins of Temple Baptist Church provided the invocation and Vice-Chair Hays led the audience in the Pledge of Allegiance to the Flag. APPROVAL OF CONSENT AGENDA Chair Olson-Boseman requested a motion to approve the Consent Agenda as presented. Motion: Commissioner Zapple MOVED, SECONDED by Vice-Chair Hays to approve the items on the Consent Agenda as presented. Upon vote, the MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA Approval of Minutes – Governing Body The Commissioners approved the minutes of the Regular Meeting held on January 24, 2022. Reappointment of the New Hanover County Financing Corporation Board of Directors – County Attorney The Commissioners reappointed Chris Coudriet and Lisa Wurtzbacher as directors of the New Hanover County Financing Corporation for three-year terms. Adoption of Heart Health Awareness Month Proclamation – Health and Human Services The Commissioners proclaimed February 2022 “Heart Health Awareness Month” in New Hanover County and citizens are urged to join in this observance. A copy of the proclamation is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 21.1. Approval of Order for Advertisement of 2021 Unpaid Tax Liens on Real Property – Tax Department The Commissioners approved the Order for Advertisement of 2021 Unpaid Tax Liens on Real Property for New Hanover County, City of Wilmington, Town of Kure Beach, Town of Wrightsville Beach, Town of Carolina Beach, and the New Hanover County Fire District. A copy of the order is hereby incorporated as part of the minutes and is contained in Exhibit Book XLIII, Page 21.2. Approval of December 2021 Tax Collection Reports – Tax Department The Commissioners accepted the tax collection reports of New Hanover County, New Hanover County Fire District, and New Hanover County Debt Service as of December 2021. Copies of the tax collection reports are hereby incorporated as part of the minutes and are contained in Exhibit Book XLIII, Page 21.3. REGULAR ITEMS OF BUSINESS CONSIDERATION AND ADOPTION OF A RESOLUTION HONORING JUDGE W. ALLEN COBB JR. FOR HIS CAREER OF SERVICE ON THE BENCH AND IN HIS COMMUNITY Chair Olson-Boseman, on behalf of the Board, thanked Judge W. Allen Cobb Jr. for his career of service on the bench and in the community and read the resolution into the record. She then invited Judge Cobb to make remarks. Judge Cobb expressed appreciation to the Board for the recognition. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Zapple, to adopt the resolution honoring Judge W. Allen Cobb Jr. for his career of service on the bench and in his community. Upon roll call 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 21.4. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 7, 2022 PAGE 323 CONSIDERATION AND APPROVAL OF A CONTRACT FOR ES&J ENTERPRISES, INC. Environmental Management Director Joe Suleyman stated the request is to approve a contract to close a landfill cell that was built three years ago and is the first section of the landfill cell on the new southern property that was permitted in 2015. The two affected cells were built in 2019. In August 2021, a request for bids was put out and the bids received were deemed well in excess of what is available in the capital project fund for the project. Of the two lowest bidders, the most responsive was ES&J Enterprises, Inc. (ES&J) who has worked with the department many times in the past and provides great service. Staff negotiated with ES&J a complete scope change for the project to do a temporary closure. Based on federal and state government regulations, it is clearly outlined how a landfill cell will be closed. The difference between temporary and permanent closures is two feet of sand and a thinner liner system. For the temporary closure, the thinner liner system is 20 mills thick versus 40 mills for a permanent line system. The completion of the project will dramatically reduce the generation of wastewater which is expensive to treat and also encapsulate the landfill to enable the department to more effectively capture the landfill gas that is generated on a continual basis. In response to Board questions, Mr. Suleyman stated that as the footprint expands, there will be waste put in that particular cell 20 years from now. The temporary closure will possibly help because if there is significant settlement in that area, it is much less expensive to tear out the temporary liner system than a permanent system. With proper conditions of decomposition, the department may be able to go back into the area in the future and recapture some of the capacity. Based on recent data, if a future board allows the department to go to 270 feet of elevation as a prior board restricted it to 170 feet, eliminate all the terraces, future landfill cell design, and assuming a 2.5% growth rate in the waste received compounded annually, it will be 2050 (28 years) before site capacity is exhausted. Hearing no further discussion, Chair Olson-Boseman asked for direction from the Board. Motion: Commissioner Zapple MOVED, SECONDED by Commissioner Barfield to approve the contract with ES&J Enterprises, Inc. for the partial closure of cells 7/8A at the New Hanover County Landfill. Upon vote, the MOTION CARRIED UNANIMOUSLY. PUBLIC HEARING AND DENIAL OF A REZONING REQUEST BY THOMPSON THRIFT DEVELOPMENT, INC., APPLICANT, ON BEHALF OF ARFA HOLDINGS, LLC, PROPERTY OWNER, TO REZONE APPROXIMATELY 20.5 ACRES OF LAND LOCATED AT 6124 CAROLINA BEACH ROAD FROM B-2, REGIONAL BUSINESS DISTRICT, TO (CZD) RMF-M, RESIDENTIAL MULTI-FAMILY MODERATE DENSITY DISTRICT, IN ORDER TO DEVELOP A MULTI-FAMILY PROJECT (Z21-15) Chair Olson-Boseman opened the public hearing and requested staff to make the presentation. Planning Supervisor Ken Vafier presented the request by Thompson Thrift Development, Inc., applicant, on behalf of ARFA Holdings, LLC, property owner, to rezone approximately 20.5 acres of land located at 6124 Carolina Beach Road from B-2, Regional Business District, to (CZD) RMF-M, Residential Multi-Family Moderate Density District, in order to develop a multi-family project. The site is located in the southern portion of the County in the Monkey Junction area along Carolina Beach Road and consists of approximately 20.5 acres about one-half mile south of the Sanders Road intersection, just south of the Beau Rivage Shopping Center. The site is currently designated under a B-2, Regional Business District, which was applied along portions of Carolina Beach Road in the vicinity in the 1970s. Mr. Vafier then provided an overview of site aerials noting that the existing land use pattern consisted generally of single-family detached to the west, an undeveloped portion of the property to the south, the future Hanover Pines Nature Park across Carolina Beach Road to the east, and a mini-warehouse/self-storage use to the immediate north. Further north are quadraplexes and Beau Rivage Shopping Center. The proposal is to develop a conditional RMF-M district in order to construct 300 multi-family units at a density of 14.6 units per acre. The proposed plan consists of 15 20-unit also incorporates associated parking and bay garages, amenity areas, and stormwater management. Building heights are proposed at a maximum of two stories and 45-feet high. The main office area and amenity center is located on the front (east) boundary of the parcel closest to Carolina Beach Road. Additional amenity areas are located within the center and northwest area of the site, which also contains the development’s stormwater infiltration basin on approximately two acres. A series of interconnected drives, parking lots, sidewalks, and courtyards link the features of the complex together and provide internal vehicular and pedestrian circulation. A 20-foot wide transitional buffer is proposed along the west and south boundaries of the project adjacent to property zoned or developed as R-15, Residential District, meeting requirements of the Unified Development Ordinance (UDO). The site plan being presented is a slightly revised version of what was presented to the Planning Board in order to address some of the concerns related to access and circulation that were discussed at that meeting: 1. Realignment of southern access point, inclusion of stop signs, stop bars, signage to give ingress traffic right of way. 2. Removal of parking spaces and expanding parking island at northern access point to reduce conflict points, inclusion of stop signs, stop bars, signage to give ingress traffic right of way. Access is proposed via two points off Carolina Beach Road which will function as right-in/right-out movements from the southbound direction. A proposed left-over from northbound Carolina Beach Road will provide access from the movement to the northern access point to the site. A shared through/right turn lane is proposed NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 7, 2022 PAGE 324 along Carolina Beach Road which will terminate at a southbound U-turn just south of the parcel boundary. A Traffic Impact Analysis (TIA) was conducted and estimated a trip generation of 153 AM and 176 PM peak hour trips. If the portion of the site subject to the rezoning request was developed with a typical approximate 18% building footprint, approximately 160,000 square feet of general retail could be built and is estimated to generate about 150 AM and 610 PM peak hour trips. The net change from the potential trip generation if the site were to be developed under the existing B-2 district versus the proposed district shows an approximate increase of three AM peak hour trips and an approximate decrease of 434 PM peak hour trips. General retail uses typically generate the bulk of their trips during the PM hours as retail uses are often not the weekday rush hour destination for motorists. Four TIAs have recently been conducted in the area and there is one State Transportation Improvement Plan (STIP) project in the vicinity, the details of which are in the staff report. There are four active subdivisions within the area totaling about 700 units, with approximately half remaining to be built. Based on the current general student generation rate, the proposal would result in generating approximately 66 additional public school students than 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 seen a decline in the number of students generated by new development. Student numbers remained relatively stable between 2015 and 2020 (excepting the impacts of the COVID-19 pandemic), while 14,500 new residential units were permitted across the County. Also, 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. Full details of school impact are included in the staff report. Mr. Vafier provided an overview of the compatibility and site photos noting that one of the goals of the New Hanover County Strategic Plan for 2018-2023 is to encourage the development of complete communities in the unincorporated county by increasing housing diversity and access to basic goods and services. The proposal allows for an increase in housing diversity and allows residents to utilize existing goods and services within one mile of the subject site. The predominant housing type in the area is single family detached at 72%. The proposal would increase housing type diversity by increasing the percentage of multi-family residences in the vicinity from 10% to 14% while decreasing the percentage of single family detached to 69%. The proposal would increase the number of residences within one-mile of a community facility from 61% to 66%. While the area was zoned for commercial development along a major arterial in the early 1970s, the 2016 Comprehensive Land Use Plan (Comprehensive Plan) recommends multi-family or higher density single family development patterns, and a mixture of uses can be provided via adjacent tracts or when separated by lower traffic local or collector roads. The subject property is located in one of the County’s more densely developed corridors, just south of one of the three identified high growth nodes in the Comprehensive Plan. The subject property is one of several undeveloped tracts along Carolina Beach Road, a major road corridor. The property is located south of a commercial node serving residents in the area and is in a location anticipated to serve as a transition from single family detached land uses west of the site to Carolina Beach Road. The proposed height will be limited to 45-feet and two stories, which is less than permitted by-right in the RMF-M district. Required setbacks, transitional buffers, and the placement of the garage bays provide additional mitigation for aesthetic effects along the property boundaries. In regard to the site’s proximity to existing commercial nodes and commercial services, Mr. Vafier provided an overview of the subject site’s location relative to Beau Rivage Shopping Center, Masonboro Landing, other services along the corridor, and noted it is just over one-mile south of the Monkey Junction retail area and growth node. When the site was originally zoned B-2 and in years subsequent to that, it was envisioned to be more of a continuation of the commercial node in the area. However, the development of the Towns at Marketplace as well as the self-storage facility north of the site currently serve as more of a transitional use from this node. The Comprehensive Plan classifies the property within the Urban Mixed Use place type which promotes development of a mix of residential, office, and retail uses at higher densities. It is the highest intensity place type described in the plan. The proposed rezoning is generally consistent with the Comprehensive Plan as it provides for the type of housing diversity that is recommended in the Urban Mixed Use place type, the residential densities are in-line with those recommended within the place type, and the project will provide additional housing in close proximity to existing and future commercial development serving nearby residents. The Planning Board considered the request at its December 2, 2021 meeting and recommended denial in a 5-2 vote, citing concerns related to traffic impacts, internal circulation and vehicular stacking, the proximity of buildings to the western property line, and expressed desire for a mixed-use component. Since that meeting, the applicant has revised the site plan as previously discussed and the TIA has received approval from the Wilmington Metropolitan Planning Organization (WMPO). Due to the request's consistency with the Comprehensive Plan, the context and compatibility with the surrounding area, and consistency with the New Hanover County Strategic Plan, staff recommended approval of the original proposal. As the applicant has revised the request following the Planning Board meeting to improve internal vehicular circulation and with the approval of the TIA, staff is still providing a recommendation of approval. The applicant has also proposed conditions as follows:  Maximum building height shall be forty-five feet (45’) and two (2) stories  Maximum unit count shall be three hundred (300) units NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 7, 2022 PAGE 325 Mr. Vafier concluded the staff presentation stating that two public comments were received via email and have been provided to the Board. Also, should the rezoning be approved, development of the site will be subject to full technical review to ensure all land use regulations met. In response to Board questions, Mr. Vafier stated it is a general area that the place type of Urban Mixed Use was applied and provided an overview of the area noting the larger Monkey Junction area within the place type and how it was extended further south along the corridor. While the Comprehensive Plan has areas identified, there can be variability usually along the major corridors such as Carolina Beach Road, Market Street, and College Road where there are higher intensity uses. When performing the review and developing the recommendation, staff uses the guidance from the Comprehensive Plan. For this proposal, staff also reviewed it against the strategic plan. When a request such as this enters the public realm, there are other things that can be considered in one of the public hearings to determine if the request is reasonable and in the public interest. When the Board is making the motion on the rezoning request, its findings are that it would be both consistent with the purposes and intent of the Comprehensive Plan. The total estimated trip generation of 2,530 vehicles for the site is for a 24-hour period. In response to additional Board questions, Mr. Vafier stated the intent of the verbiage “aesthetic mitigation,” is to describe a combination of the buffers with some of the design features to achieve the aesthetic mitigation. With respect specifically to the bay garage, the layout of the site boundaries beyond the buffer create additional space between the property boundary where the units and buildings are. It could possibly be used on the western side where there is a fully developed existing neighborhood. The western boundary with the two buildings was discussed at length at the Planning Board meeting in regard to doing a potential modification and the removal of the two buildings, but the site plan revision did not include that. He also stated the Towns at Marketplace are in a Conditional B-1 Zoning District that was approved circa 2005. Chair Olson-Boseman thanked Mr. Vafier for the presentation and invited the applicant to make remarks. Sam Franck, attorney with Ward and Smith, representing the applicant Thompson Thrift Development, Inc., stated the subject site is located along Carolina Beach Road and provided an overview of what is located to the north and south. There is a 30-foot strip of land located between the single family neighborhood and the subject site. The site plan was developed in cooperation with staff. Before the application was submitted, there were significant conversations with staff about how to present a project that fulfills the County's need for a greater diversity of housing and more housing opportunities in the southern part of the County and does so in a way that is as low impact as possible for the neighboring landowners. The proposal is on point and consistent with the Comprehensive Plan. The area in that part of the County is in desperate need of a greater number of multi-family residential options. There are a significant number of single family home options available but only a small number of multi-family options available. The Board was shown the delta of the impact the proposal would have on the number of homes that are within a mile of commercial services and how significantly it would skew the perspective on the percentage of single family homes versus multi-family homes. Mr. Franck further stated that it is exactly the kind of infill development that the County states it wants to see. The alternative to developing on an infill basis is to promote sprawl which achieves exactly the opposite by locating residences adjacent to existing and established commercial uses. Mr. Franck provided an overview of the architectural details. The project design is for a two-story walk-up, which is deliberate to keep the height of the buildings and the height of windows at a relatively low level and to afford an opportunity to build attractive structures that are not overly expensive to construct. It also allows the ability to offer a rental rate that is organically more affordable than if the project were built as elevated structures, three-story structures, or the like. As stated by staff earlier, the multi-family moderate allows up to 17 units per acre and three story structures. The proposal is for 14.5 units per acre and to have a condition to limit the development to two stories. Mr. Franck provided an overview of the streetscape idea to show the view of the structures from ground level. One of the most significant things heard from neighbors and arose during the community meeting was about the site lines. To evaluate and address that explicitly, it was known from the outset that there are significant tall trees located within the 30-foot buffer located on the edge of the subject site. A drone was flown up to a height of 20 to 30-feet and it took pictures from the inside looking out. The photos demonstrated how visible the homes in Beau Rivage are from the second story level of the proposed development and all the photos show the same. The trees are both within the 30-foot common area buffer of the Beau Rivage neighborhood and the 20-foot buffer that is being providing on the subject site. The site plan shows a buffer greater than that 20-feet and the setback is greater than the 25-feet required. What is being proposed is the equivalent of a 33-foot setback to the next closest building. The closest building on the site plan relative to an existing home in Beau Rivage is just over 100-feet from corner of structure to corner of structure. There is a significant distance between those homes and what is being proposed. Mr. Franck provided an overview of the proposed elevation from Carolina Beach Road to provide an idea of what the treescape looks like relative to the structures being proposed for building. Mr. Franck stated that the request is for a downzoning, which is significant with regard to traffic. He reviewed what land uses would be acceptable within the Comprehensive Plan. The proposal is substantially less intense than the one currently allowed by-right. As to traffic, again, the proposal is a downzoning and offers an intensity of trip generation that is substantially lower by every metric than what is currently permitted by-right. He then reviewed the data comparing the proposed use to shopping center and retail uses. The total traffic flow on NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 7, 2022 PAGE 326 Carolina Beach Road today is approximately 50,000 cars. A by-right development would increase that traffic flow by approximately 10%. What is being proposed is less than half of that. Mr. Franck acknowledged that the Planning Board recommended against the application. Discussions were held about whether to ask the Board to consider it notwithstanding that recommendation. The Planning Board’s recommendation was based on either the misconception that the use would generate more traffic than what is permitted by-right, which is simply incorrect, or a concern about the credibility of the traffic information that would be presented to the Board. When the request was presented to the Planning Board, the TIA was not finally approved. To the extent that the concern from the Planning Board arose out of a question about credibility, understanding where the Planning Board was coming from, he thinks it is significant that today the final traffic study has been approved. To the extent that the recommendation was based on the misconception that mixed use or commercial use would result in fewer additional cars on Carolina Beach Road than what is being proposed is simply incorrect. There are no external traffic points of interconnectivity other than directly to Carolina Beach Road. The development does not depend on driving through public roads in any other existing neighborhood, commercial or residential. The traffic impact of the proposed development is significantly less than what would be permitted by-right. While Planning staff summarized the changes to the plan since the Planning Board meeting, the most significant concerns his team has heard were related to the ingress and egress, the stem lengths, and the orientation of the points of entry. Mr. Franck stated that his interpretation and understanding of those concerns was the desire to not see traffic backed up in a way that disrupts traffic on Carolina Beach Road going into the neighborhood, nor see traffic backed up inside the neighborhood that leads people to make poor decisions leaving the neighborhood and turning onto Carolina Beach Road. He provided an overview of some of the changes to the plan such as eliminating the parking spaces to make the through connection smoother, adding stop bars, and straightening out a drive aisle, all contributing to a smoother traffic flow in and out of the neighborhood. Mr. Franck concluded his presentation stating that the application request is a downzoning. It is a reduction of intensity in use, reduction in traffic, and a two-story multi-family situation where a three-story would otherwise fit. The proposal fulfills a specific need of the County, and it is consistent with the Comprehensive Plan. For these reasons, he is requesting the Board approve the proposal. In response to Board questions, Jesse Houghtalen with Thompson Thrift Development, Inc. stated that the siding of the buildings will be hardie-board siding. In response to Board questions, Planning and Land Use Director Rebekah Roth stated that a TIA is required to be complete at the time of application to the Planning Board. It is not an ordinance requirement, rather it is in the administrative manual. It does not mean that a developer needs to receive the final approval letter from the North Carolina Department of Transportation (NCDOT) or the WMPO. When a TIA is complete and even before the approval letter is issued, NCDOT and the WMPO have already approved the scope of what has to be studied as part of the TIA. Both also have to already agree on the traffic generation numbers that have been provided as part of the TIA. The only piece that remains to be approved is what requirements the developer will have to install in order to mitigate traffic. Staff has discussed with the Planning Board about the necessity to have the final letter of approval to know what the improvements are going to be before the Planning Board considers it or if the information already included in the TIA, which has already been reviewed by NCDOT and the WMPO, is enough. At this point, there has not been a change in the policy. Again, it is an administrative policy that can be updated if it is determined that the Planning Board needs to have that final approval letter of what improvements need to be made to the roadway network before considering a rezoning application. Commissioner Barfield stated that while that is good for the Planning staff, it is important for the Board to have that information in order to make a fully informed decision. He thinks the process change needs to be made to provide a more complete picture of a development proposal. Chair Olson-Boseman announced that three people signed up to speak in opposition to the request and no one signed up to speak favor to the request and invited the three speakers to make remarks. Tracey Florence, resident of Rivage Promenade, spoke in opposition to the request stating while she sees the few adjustments made to the entrance, she thinks the Planning Board was looking for a little bit more of a change of impact. The residents of Beau Rivage subdivision have concerns with the project construction as far as having room to construct the project and install the sidewalk. The neighborhood’s intention is to leave the 30-foot buffer intact. The buffer zone is being partially looked at being cleared at some point for fire prevention as part of Beau Rivage’s due diligence. Another concern is the amount of impervious surface has increased from approximately 410,000 square feet to 469,000 square feet which is over 50% of the entire 20 acres. The neighborhood has concerns with all property that surrounds the subdivision and wants to know what exactly will be developed. There are also concerns with the elevation of the development and how close two of the buildings are to Beau Rivage. The proposed development will introduce at least 600 residents to the area and does not include any type of business for people to spend money or go to work. The traffic is already bad along Carolina Beach Road and there are times when drivers are unable to exit via the Beau Rivage public entrance onto Carolina Beach Road. There are also times when an emergency situation occurs and vehicles cannot get in via the public entrance. There are concerns that the proposed development will add to the burden of what is already in the area. The Planning Board suggestion of including some type of mixed use would be welcomed by Beau Rivage. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 7, 2022 PAGE 327 Ted Haigler, resident of Rivage Promenade, spoke in opposition to the request stating that his home backs up to the subject site. His property has flooded twice due to Hurricanes Floyd and Florence. The subject property filled up completely to the bank during Hurricane Floyd. While there are concerns about the traffic, he is concerned about where the water from the subject site will flow. He does not think a commercial development would have as much traffic as a residential development. He is also concerned there are not going to be enough emergency services to cover everyone south of Monkey Junction. He is not against development but wants the Board to look at the entire picture of what is being dealt with and have development done in a reasonable way. Teresa Clontz, resident of Rivage Promenade, spoke in opposition to the request stating that she understands the development process but the current state of traffic on Carolina Beach Road is not good. She thinks a compromise can be reached to have smart development. Chair Olson-Boseman stated that the applicant and opponent each have five minutes for rebuttal. In applicant rebuttal, Mr. Franck stated that conditional zoning is no longer a quasi-judicial proceeding but he does want the Board to consider that expert testimony is available with regard to traffic and civil engineering. The weight of expert testimony against lay testimony should be given due credit, and he asked that the Board consider it accordingly. The subject site is not engineered today and some of it has been excavated for the dirt to be utilized and has not been maintained in any particular fashion. In connection with any development, the developer must comply with applicable stormwater regulations. The subject site will be engineered to accommodate the necessary stormwater runoff from the site. Consideration was given when decisions were being made of how to orient the stormwater pond and it has been set up deliberately along the western boundary, which also establishes an additional buffer between the single family residents and the new development. Stormwater must be treated onsite going forward when the development moves forward and does not have to be treated onsite today. Traffic is pretty bad on Carolina Beach Road. The plan proposes a solution to help with that problem. Not only will the rezoning reduce the overall traffic impact on Carolina Beach Road, but approval of it will facilitate the developer's obligation to add some improvements to Carolina Beach Road that otherwise would not happen. While he understands a high level of traffic draws a high level of concern, he wants to make sure the focus is on the reality that what is being proposed is a downzoning of the subject site. It is a reduction in intensity of use and a reduction by more than half in the trip generation that would be delivered if the property were developed by-right today. In response to Board questions, Rick Moore, civil engineer with McKim and Creed, stated that the stormwater design is in the early stages and will have to meet the New Hanover County stormwater ordinance requirements. The concept is for an infiltration basin. Geotechnical data, infiltration testing, and water table data indicated that there is the ability to contain a 100-year storm onsite which is above the design criteria of the stormwater ordinance. Obviously, the cases of Hurricanes Floyd and Florence were ebbing treatment systems, well above the 100-year storm, and no one cannot predict what may happen during those type of storm events. According to the 100-year stormwater data, the design will be able to contain a 100-year event on the subject site. In response to Board questions, Mr. Franck stated that currently the water runs off the subject site however it chooses. It can run off at a point source and carry sediment with it and there is no engineering to prevent it. The stormwater regulations require that it be addressed and the developer prevent any water from leaving the site without first being treated. Mr. Moore further stated that an infiltration system is typically a dry hole in the ground and as it fills up with water, the water is absorbed into the ground naturally. The site material is fairly sugar sands, which is why it is being excavated as borrow material for other construction sites, because it is good material. The geotechnical report shows there are infiltration rates of almost 30 inches per hour on the subject site. As water enters the system, water is also infiltrating down into the sand and that is the modeling used to determine how high the water levels will rise. There has to be something over 30 inches per hour in intensity to have any stacking starting to occur in the pond. It is intended to stay a dry pond and not be a traditional wet pond. As far as the really extreme Act of God events, that is the part of design that he does not have a good answer for yet because there is not enough survey. A lot of the development around the subject site cut off the natural drainage patterns and he has not had a chance to connect with County staff to look at what type of drainage access easements will be accessible to put in overflow systems. The worst case scenario is that the water will be allowed to drain toward the Carolina Beach Road right-of-way and ditch system and drain out through that system. In response to Board questions, Mr. Franck stated that in the proposed zoning district, it is required to have a 20-foot buffer between residential and non-residential use or a higher intensity use and there be a 25-foot setback. The proposal is for a 33-foot setback and a 26-foot buffer on the property immediately to the west of the property. In addition to the subject site’s buffer, there is a 30-foot strip of land owned by the Beau Rivage homeowners association. In the drone images shown earlier, the trees were located in both the buffer on the subject site and the 30-foot strip of land owned by the Beau Rivage homeowners association. Beyond that, there is the setback in the single family homes in the Beau Rivage subdivision, which he believes is 25-feet along the rear of those lots. He confirmed that the proposed development absolutely would not impede into any property owned in the Beau Rivage subdivision. What is only being shown is the 30-foot land that exists because that is the lay of the land being operated with and there are no improvements, changes being incorporated nor suggestions that any conditions be imposed to it. Mr. Franck stated that in regard to the email submitted in opposition to the request, the idea that mixed use would decrease traffic is not accurate. It is accurate that if there is an incorporation of some retail use with a NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 7, 2022 PAGE 328 residential use, there is some internal capture. There are some people living onsite and visiting businesses, and there are also people coming from outside to the site to visit those commercial establishments. The number of people coming from the outside to visit versus the internal capture is more by a factor of three or so. It is important to recognize that if the primary concern is traffic, incorporation of a mixed use would work counter to the concern of there being more cars on Carolina Beach Road. In opponent rebuttal, Ms. Florence stated it is a concern that there are only 1.8 parking spaces per unit for the 300 units, and whether it is enough parking even though based on the requirements the developer has exceeded the planning requirement. Also, a lot of the developer’s comments have included the words by-right. They are proposing that traffic will be less than what would be by-right. The HOA appreciates that that they are proposing less traffic than what could be allowed, but the HOA is asking the Board to consider what should be allowed. Chair Olson-Boseman closed the public hearing and opened the floor to Board discussion. Vice-Chair Hays stated as a point of clarification that when discussing by-right, it is how the subject site is currently zoned. A big box store could be built on the site by-right, without having to go through the Planning Board and this Board for approval. In response to Board questions, Mr. Vafier stated that the student generation rate is based off the enrollment for the 2021-2022 school year and it operates on a multiplication factor per grade level. It is about .09 students for elementary, .05 for middle, and .08 per high school per unit that is proposed. There are other factors that do not make it a precise science or calculation, but for this proposal staff would project it would be 27 elementary, 15 middle, and 24 high school students based on the methodology. Ms. Roth further stated that the student generation rate that staff is using is based on the school system's projections for the 2021-2022 school year that it was developed last winter. Those numbers are usually updated on an annual basis and the school system is currently in the process now of completing a more detailed study that would provide the information about what types of units generate more students than others. Vice-Chair Hays stated that what could happen on the subject site by-right as it is currently zoned, concerns her more greatly than what is being proposed by the applicant. There will be a stormwater system installed on the subject site that currently has no infiltration system on it. Again, she sees this proposal as a more positive opportunity than what could go in by-right where nothing could be done to stop it. In response to Board questions, Mr. Moore stated that the pump station is proposed to be a public wastewater station for the sewer for the site that will ultimately be turned over to Cape Fear Public Utility Authority. In response to Board questions, Mr. Houghtalen stated that there is a single trash compactor for the site. The company utilizes a valet trash service at all of its properties across the country. There are a few nights a week where residents are able to put their trash outside the door and the service comes through to pick it up for the property and delivers it to the trash compactor. As such, there is no need to have multiple spots for residents and no concerns that they are too far from one particular residence. In response to Board questions, Mr. Franck stated that there are two points of ingress and egress and both are in and out. He provided an overview of the changes that were made at the points of entry and exit. There was a heavy reliance on the engineers to help provide guidance for what is the right thing to do. Once completed, NCDOT was asked to consider what was changed on the stem lengths to verify that those were appropriate and NCDOT did so. The peak traffic in the morning is when there is the most condensed traffic in the residential community and is three cars per minute. The site is 20.5 acres. At any given minute, there could be three cars at peak leaving parking spaces and possibly someone would be in the drive aisle at the time that someone wanted to back out of a parking space. It is a temporary moment and it is spread out pretty well throughout the site. In looking at the number of parking spaces and thinking about three leaving, again, it is possible that they would be on the same drive aisle leaving at the same time, but unlikely. The alternative would be to incorporate a central parking location in one larger lot, which is less desirable for residents because the spaces are further from their homes. It also less desirable from an ingress and egress standpoint because it exaggerates the phenomenon of emergency vehicles accessing the site that is being described as a concern. In response to Board questions, Mr. Franck stated that the drives on the left side of the site plan are both right outs. All the traffic is making a right turn. He asked Jonathan Guy, traffic engineer with Kimley-Horn, to address with the peak of three cars per minute choosing to leave the site at two locations, how deep does that queue need to be and therefore, how likely is it that there is a conflict with one the parking spaces. Mr. Guy stated when looking at the delay associated with the intersection and discussing the AM peak hour, it is three cars per minute coming out of the development and the average delay being seen is approximately 26.3 seconds. The delay is what is being experienced by the drivers and equates to a queue of 81-feet at the maximum point so there would not be a point where there would be backup of vehicles that would begin impacting the garages or parking spaces. There are two access points. When thinking about spreading traffic across the site, the internal road network is going to bring traffic down through a variety of locations and split that across two access points and for that reason, queues are not seen backing up and impacting the internal circulation. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 7, 2022 PAGE 329 In response to additional Board questions, Mr. Guy stated that when talking about daily numbers it is the number of vehicles over a twenty-four period. It is not just the peak hours; the Board is given the peak hours because that is the peak generation potential for that development. A note was included with one of the conditions about how traffic is being limited by having only 300 units. The traffic study is based off 360 units. The number of 2,500 trips being generated is actually much less at approximately 1,600 trips per day. In looking at that number and when spread out across a daily trip, it is a smaller amount of impact throughout the day. What is found in a lot of multi- family developments is that trip characteristics are different than that of single family residences. A single family residence is pretty prescriptive while multi-family has more varied loading times and not all are concentrated during the peak hours as with single family residences. When talking about what could be on the subject site by-right and as shown earlier that 160,000 square feet of development could be there, the numbers that were provided in the presentation were slightly off. That size development generates about 8,200 trips per day with 230 AM peak hour trips and almost 800 PM peak hour trips. When looking at just 300 units or 1,633 daily trips, which is 100 AM peak hour trips, that is less than three trips per minute at that point. The PM peak trips is 127, which means the threshold is being reduced even more by a factor of six in the PM and a factor of five in the overall daily consideration. Commissioner Zapple stated that the numbers Mr. Guy quoted are completely different than what is in the TIA that the Board still has not seen as part of the agenda packet. He does not understand how the Board is expected to decide on something when the numbers being heard are all over the map. Mr. Franck responded that his team cooperated with staff in putting the request together. One of the first things discussed was the possibility of a straight rezoning to a multi-family medium, which would be 17 units per acre over 20.5 acres. When the traffic engineer did the initial trip generation study and submitted the initial request related to it, it was based on that maximum density of 17 units per acre over 20.5 acres, which would yield 360 units. He and his team have since voluntarily decided 300 units is a better fit. The reason that the actual traffic impact of what is being proposed is something less than what was vetted is because the design evolved over the course of the conversations with staff over those several months. Commissioner Zapple stated that the packet information should evolve along with it so that when the Board is handed a request it has full and accurate information. He does not feel the Board has solid information, particularly with traffic generation. He understands what has occurred to have the changes, but it should not occur that way, and he does not see a complete application in the agenda packet. Hearing no further discussion, Chair Olson-Boseman asked for Board direction. Motion: Chair Olson-Boseman MOVED, SECONDED by Commissioner Zapple to deny the proposed rezoning to a (CZD) RMF-M district. While 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 Urban Mixed Use place type and the residential densities are in-line with those recommended for the property, it finds denial of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Chair Olson-Boseman opened the floor to Board discussion. A brief discussion was held about continuing the matter until the full TIA could be provided to the Board. Vice-Chair Hays stated she would make a substitute motion to allow the applicant to have 30 days in order to come back to the Board with the full information and the full TIA. Substitute Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Barfield to allow the applicant to have 30 days in order to come back to the Board with the full information and the full TIA. Upon vote, the MOTION FAILED 2 TO 3. Chair Olson-Boseman, Commissioner Rivenbark, and Commissioner Zapple dissenting. Chair Olson-Boseman called for a vote on the original motion on the floor. Upon vote, the MOTION PASSED 4 to 1. Vice-Chair Hays dissenting. PUBLIC HEARING AND APPROVAL OF A REZONING REQUEST BY CINDEE WOLF WITH DESIGN SOLUTIONS, APPLICANT, ON BEHALF OF THE PROPERTY OWNERS, MILTON T. SHAFFER, III, AND ABA SELF STORAGE, LLC, TO REZONE APPROXIMATELY 1.93 ACRES OF LAND LOCATED AT 4629 AND 4631 CAROLINA BEACH ROAD FROM (CZD) B-1, CONDITIONAL NEIGHBORHOOD BUSINESS DISTRICT, AND (CZD) B-2, CONDITIONAL REGIONAL BUSINESS DISTRICT, TO (CZD) B-2 CONDITIONAL REGIONAL BUSINESS DISTRICT (Z21-20) Chair Olson-Boseman opened the public hearing and requested staff to make the presentation. Current Planner Julian Griffee presented the request by Cindee Wolf with Design Solutions, applicant, on behalf of the property owners, Milton T. Shaffer, III, and ABA Self Storage, LLC, to rezone approximately 1.93 acres of land located at 4629 and 4631 Carolina Beach Road from (CZD) B-1, Conditional Neighborhood Business District, and (CZD) B-2, Conditional Regional Business District, to (CZD) B-2 Conditional Regional Business District to allow for an indoor recreational facility, general retail, and animal grooming services. The rezoning is spread across two parcels which were rezoned in the early 2000s as part of a mixed-use development known as Belle Meade. The approved land use plan had the use for these parcels as parking lots. Any use other than the proposed parking lot requires a rezoning of the parcels. The site is surrounded by a CZD B-2 zoned mini-storage facility to the west and north. R-15 zoning exists across Carolina Beach Road to the west and south. Civic and institutional uses exist on some of the parcels. A multi-family development exists to the south and east, located within the City of Wilmington, and is zoned Community Business. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 7, 2022 PAGE 330 The existing land use pattern consists of a variety of uses. There exists residential patterns consisting of single-family dwellings and a multi-family development, civic and institutional uses, vacant land, and a variety of businesses including a mini-storage facility and general retail/services. The site is located between the Monkey Junction node to the southeast and the Fairfield Park mixed-use development to the northeast. The concept plan shows a proposed 22,000 square foot facility. Approximately 17,000 square feet of the facility is allocated for the indoor recreational facility and approximately 5,000 square feet of the facility is allocated for general retail and grooming services. The applicant also proposes a 10-foot fenced buffer yard along the property lines of the multi-family development to the south and east. The subject site fronts and has direct access to Carolina Beach Road. As depicted in the applicant materials, the parcels will have a right-in, right-out only access. The development is anticipated to generate approximately 50 peak AM and 70 peak PM hour trips. There is one approved TIA within the general vicinity of the subject property. That TIA, Fairfield Park, has been provided to the Board within the staff report. There is one subdivision under development within the general vicinity of the subject property with about 290 homes remaining to be built. Mr. Griffee provided an overview of the existing conditions and current state of the parcels noting that while the subject site is sparsely developed, there is development on adjacent parcels and across Carolina Beach Road. He provided an overview of existing indoor recreational facilities and stated that the applicant has agreed to conditions regarding construction materials of the façade of the proposed structure. The subject site is located within an area of a variety of residential, commercial, civic, and institutional uses. The proposal is located between the Monkey Junction intersection and the Fairfield Park mixed use development where transitional service uses and low traffic generators could be appropriate. The subject site is located within the Community Mixed Use place type, which focuses on small-scale, compact, mixed use development patterns. The proposed CZD B-2 rezoning is generally more consistent with the commercial uses and intensity recommended in the Comprehensive Plan than the limited development allowed within the existing CZD B-1 and CZD B-2 zoning districts. The Planning Board considered the request during its January 6, 2022 meeting and voted unanimously to recommend approval of the development with one condition:  The structure’s southwestern and southeastern facades shall be constructed of heightened architectural materials beyond the standard industrial style. Based on the recommended uses and intensity for Community Mixed Use place types, including relatively low traffic generators, and as the sites are located within a transitional area surrounded by a variety of commercial, residential, and institutional uses, staff recommends approval of the application. Mr. Griffee concluded the staff presentation stating that no comments were received regard the request. Should the rezoning be approved, development of the site will be subject to full technical review to ensure all land use regulations met. Chair Olson-Boseman thanked Mr. Griffee for the presentation and announced that no one signed up to speak in favor or opposition to the request and invited the applicant to make their presentation. Cindee Wolf with Design Solutions, representing the property owners Milton T. Shaffer, III, and ABA Self Storage, LLC, stated as explained by Mr. Griffee, the parcels have substantially been hamstrung for quite a long time from reasonable development that would be expected along a busy highway corridor. She and her clients feel the application has been a bit of a general housekeeping exercise. The subject site is already zoned for commercial and this process will allow a much more defined use. Having a dog has taken on a huge change over the years and she would venture to say people spend a whole lot more time with them, travel with them, and certainly started incorporating them into recreational and exercise efforts. Her client has built a career in providing training and guidance in the more in-depth interaction between owners and their dogs with agility contests, group training activities, and performance activities. She and her client believe that this type of proposed development beside the storage facility provides for the retail on the front, which provides a more aesthetic style of storefront. It also provides for some retail along a busy corridor, such as Carolina Beach Road, where there absolutely is pass-by traffic in the capture type of situation. It is a sensible use with the commercial building with the retail in front but overall, is the desire to provide for the same versatility of use in the future. Although the proposal is for Carolina Dog Sports, the rear area provides for all kinds of different sports and recreation possibilities in the future. It is felt that infill development is good for the County's economic stability. It is always positive for increased tax base and the hope is that the Board will agree with the staff and Planning Board recommendations for approval of the application. Chair Olson-Boseman closed the public hearing and opened the floor to Board discussion. In response to Board questions, Ms. Wolf stated the proposal does not include a doggie daycare or kennel. Those are specific uses as defined in the code. With this proposed development there will be no overnight stays, no dog runs, and no kenneling. What is proposed is an indoor recreation use. Using the development as a doggie daycare or kennel at any point in time would defy the uses that are permitted based upon the conditional district as well as the definition of uses in the code. NEW HANOVER COUNTY BOARD OF COMMISSIONERS BOOK 35 REGULAR MEETING, FEBRUARY 7, 2022 PAGE 331 In response to additional Board questions, Ms. Wolf stated as to the apartment complex on the eastern portion of the subject site, the apartments are rentals and notifications have would gone to the owners. There was nothing heard from the owners. She feels the location of the buildings make them removed and this application is for an indoor recreational facility. Hearing no further discussion, Chair Olson-Boseman asked for the Board’s direction on the request. Motion: Vice-Chair Hays MOVED, SECONDED by Commissioner Barfield to approve the proposed rezoning to a CZD- B-2 district. The Board finds it to be consistent with the purposes and intent of the Comprehensive Plan because the district would allow uses more in line with those recommended for Community Mixed Use areas than the existing zoning. The Board also finds approval of the rezoning request is reasonable and in the public interest because the proposed district would allow for use of the property, includes relatively low traffic generators, and is located in a transitional area between the Monkey Junction commercial node and a mixed-use node under development. The following condition is included as follows: 1. The applicant shall construct the southwestern and southeastern facing facades of the structure with heightened architectural materials and/or architectural features beyond the standard industrial style of sheathing. Upon vote, the MOTION CARRIED UNANIMOUSLY. A copy of AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE ZONING MAP OF AREA 4 OF NEW HANOVER COUNTY, NORTH CAROLINA, ADOPTED APRIL 7, 1971 is hereby incorporated as part of the minutes and is contained in Zoning Book I, Section 4, Page 118. PUBLIC COMMENTS ON NON-AGENDA ITEMS Chair Olson-Boseman stated that no one signed up to speak on non-agenda items. ADDITIONAL AGENDA ITEMS OF BUSINESS Chair Olson-Boseman and Commissioner Zapple thanked the Wilmington International Airport staff and the Airport Authority for a wonderful grand opening of the new terminal. The new terminal will provide more gates and therefore, the potential to have more flights in and out of Wilmington. Vice-Chair Hays thanked Health and Human Services (HHS) Director Donna Fayko for being present during the meeting, the HHS team for the work done to provide testing and operating the sites for use by the citizens, and the work done to open the PanOps Center. ADJOURNMENT There being no further business, Chair Olson-Boseman adjourned the meeting at 5:57 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.